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2 III

Contents Federal Register Vol. 64, No. 20

Monday, February 1, 1999

Agency for Toxic Substances and Disease Registry Commodity Credit Corporation NOTICES NOTICES Reports and guidance documents; availability, etc.: Grants and cooperative agreements; availability, etc.: Hazardous substance exposures and autism; chemical Market access program, 4836–4837 specific consultation, 4874–4875 Commodity Futures Trading Commission Agricultural Marketing Service NOTICES RULES Contract market proposals: Onions (sweet) grown in— Chicago Board of Trade— Oregon and Washington, 4927–4934 Corn and soybeans, 4845–4847

Agriculture Department Defense Department See Agricultural Marketing Service See Army Department See Animal and Plant Health Inspection Service NOTICES See Commodity Credit Corporation Small disadvantaged businesses; price evaluation See Foreign Agricultural Service adjustment; one-year suspension, 4847–4848 See Forest Service Economics and Statistics Administration Animal and Plant Health Inspection Service NOTICES RULES Meetings: Plant-related quarantine, domestic: 2000 Census Advisory Committee, 4840 Citrus canker, 4777–4780

Army Department Education Department NOTICES NOTICES Military traffic management: Committees; establishment, renewal, termination, etc.: Freight program; defense table of official distances; Web-Based Education Commission, 4849 implementation, 4848–4849 Grants and cooperative agreements; availability, etc.: National Institute on Disability and Rehabilitation Centers for Disease Control and Prevention Research— NOTICES Disability and rehabilitation research projects and Agency information collection activities: centers program, 4935–4938 Proposed collection; comment request, 4875–4876 Meetings: Grants and cooperative agreements; availability, etc.: Foreign Medical Education and Accreditation National Epidemiology and laboratory capacity for infectious Committee, 4849–4850 diseases, 4876–4878 National minority organizations immunization projects, Energy Department 4879–4882 See Federal Energy Regulatory Commission NOTICES Coast Guard Grants and cooperative agreements; availability, etc.: RULES Environmental meteorology program, 4850 Drawbridge operations: Low dose radiation research program, 4850–4857 New Jersey, 4787–4788 Upper Mississippi River, IA, 4786 Environmental Protection Agency PROPOSED RULES PROPOSED RULES Boating safety: Hazardous waste: Numbering undocumented vessels in Alaska; fee Waste water treatment sludges from metal finishing increase, 4816–4818 industry; 180-day accumulation time, 4818–4833 Regattas and marine parades: NOTICES Fleet’s Albany Riverfest, 4814–4815 Agency information collection activities: Hudson Valley Triathlon, 4812–4814 Proposed collection; comment request, 4868–4869 Reporting and recordkeeping requirements, 4869–4870 Commerce Department Grants and cooperative agreements; availability, etc.: See Economics and Statistics Administration Environmental monitoring for public access and See International Trade Administration community tracking program, 4870 See National Institute of Standards and Technology Superfund; response and remedial actions, proposed See National Oceanic and Atmospheric Administration settlements, etc.: NOTICES Rosen Brothers Site, NY, 4870 Agency information collection activities: Water pollution control: Submission for OMB review; comment request, 4839– Clean Water Act— 4840 Class II administrative penalty assessments, 4870–4872 IV Federal Register / Vol. 64, No. 20 / Monday, February 1, 1999 / Contents

Federal Aviation Administration Forest Service RULES NOTICES Class E airspace, 4782–4784 Environmental statements; notice of intent: Class E airspace; correction, 4784–4785 Colville National Forest, WA, 4839 PROPOSED RULES Airworthiness directives: General Services Administration Boeing, 4791–4793 RULES Class D and Class E airspace, 4793–4794 Acquisition regulations: Class E airspace, 4794–4801 Federal Supply Service multiple award schedule contracts; streamlining administration and clarifying Federal Energy Regulatory Commission marking requirements, 4788–4790 NOTICES Electric rate and corporate regulation filings: Health and Human Services Department Dartmouth Power Association L.P. et al., 4861–4865 See Agency for Toxic Substances and Disease Registry Eastern Utilities Associates et al., 4865–4867 See Centers for Disease Control and Prevention Hydroelectric applications, 4867–4868 See Food and Drug Administration Applications, hearings, determinations, etc.: See Health Resources and Services Administration California Power Exchange Corp., 4857 See National Institutes of Health Florida Gas Transmission Co., 4857 NOTICES FPL Energy Wyman LLC, 4857 Committees; establishment, renewal, termination, etc.: MIGC, Inc., 4858 National Toxicology Program Special Emphasis Panel, Morgan Generation Co. L.L.C. et al., 4858 4874 National Fuel Gas Supply Corp., 4858 Federal claims; interest rates on overdue debts, 4874 Ocean State Power et al., 4858 Panhandle Eastern Pipe Line Co., 4859 Health Resources and Services Administration PG&E Gas Transmission, Northwest Corp., 4859 NOTICES Steuben Gas Storage Co., 4859 Agency information collection activities: Stingray Pipeline Co, 4859–4860 Proposed collection; comment request, 4882 Sumas International Pipeline Inc., 4860 Submission for OMB review; comment request, 4882– TransColorado Gas Transmission Co., 4860 4884 Transcontinental Gas Pipe Line Corp., 4860–4861 Williston Basin Interstate Pipeline Co., 4861 Immigration and Naturalization Service RULES Federal Maritime Commission Immigration: NOTICES Aliens— Agreements filed, etc., 4872 Temporary protected status; employment authorization Meetings; Sunshine Act, 4872 fee requirements, etc., 4780–4782

Federal Railroad Administration Indian Affairs Bureau PROPOSED RULES NOTICES Railroad consolidations, mergers, and acquisitions of Tribal-State Compacts approval; Class III (casino) gambling: control: Forest County Potawatomi Community of Wisconsin, Safety integration plans; correction, 4833–4834 4890 Ho-Chunk Nation, WI, 4890–4891 Federal Reserve System Menominee Indian Tribe of Wisconsin, 4891 NOTICES Banks and bank holding companies: Interior Department Formations, acquisitions, and mergers, 4873 See Fish and Wildlife Service Permissible nonbanking activities, 4873 See Indian Affairs Bureau See National Park Service Fish and Wildlife Service NOTICES NOTICES Environmental statements; notice of intent: Endangered and threatened species: Central Utah Project— Quino checkerspot butterfly; survey protocol, 4890 Diamond Fork System, Bonneville Unit, 4888 Endangered and threatened species permit applications, 4888–4890 Internal Revenue Service PROPOSED RULES Food and Drug Administration Income taxes: RULES Escrow funds and other similar funds, 4801–4812 Food additives: Polymers— International Trade Administration Nylon MXD-6 resins, 4785–4786 NOTICES Antidumping: Foreign Agricultural Service Silicon metal from— NOTICES China, 4842 Grants and cooperative agreements; availability, etc.: Antidumping and countervailing duties: Foreign market development cooperator program, 4837– Five-year (sunset) reviews— 4839 Initiation of reviews, 4840–4842 Federal Register / Vol. 64, No. 20 / Monday, February 1, 1999 / Contents V

Export trade certificates of review, 4843–4844 National Oceanic and Atmospheric Administration Applications, hearings, determinations, etc.: RULES Ames Laboratory, Energy Department, et al., 4843 Fishery conservation and management: John Hopkins University, 4843 Alaska; fisheries of Exclusive Economic Zone— Pollock, 4790 International Trade Commission National Park Service NOTICES Import investigations: NOTICES Anhydrous sodium metasilicate from— Environmental statements; availability, etc.: France, 4892 Colonial National Historical Park, VA; meetings, 4891 Brass sheet and strip from— Little River Canyon National Preserve, AL, 4891 Brazil et al., 4892–4895 Meetings: EPROM, EEPROM, flash memory, and flash Aniakchak National Monument Subsistence Resource microcontroller semiconductor devices, and products Commission, 4891–4892 containing same, 4895 Nuclear Regulatory Commission Porcelain-on-steel cooking ware, etc., from— NOTICES China et al., 4896–4898 Decommissioning plans; sites: Standard chrysanthemums, etc., from— Georgia Institute of Technology; Georgia Tech Research Netherlands et al., 4898–4901 Reactor, 4902 Sugar from— Environmental statements; availability, etc.: European Union et al., 4901–4902 FirstEnergy Nuclear Operating Co., 4906–4907 Meetings: Justice Department Reactor Safeguards Advisory Committee, 4907 See Immigration and Naturalization Service Applications, hearings, determinations, etc.: See Juvenile Justice and Delinquency Prevention Office IES Utilities, Inc., et al., 4902–4904 NOTICES PP&L, Inc., 4904–4906 Meetings: Global Criminal Justice Information Network Ad Hoc Public Health Service Bylaws Committee, 4902 See Agency for Toxic Substances and Disease Registry See Centers for Disease Control and Prevention Juvenile Justice and Delinquency Prevention Office See Food and Drug Administration NOTICES See Health Resources and Services Administration Grants and cooperative agreements; availability, etc.: See National Institutes of Health Comprehensive program plan (1999 FY)— Program activities, 4939–4955 Securities and Exchange Commission NOTICES Self-regulatory organizations; proposed rule changes: National Archives and Records Administration Chicago Board Options Exchange, Inc., 4911–4920 PROPOSED RULES National Securities Clearing Corp., 4920–4921 Records management: Philadelphia Stock Exchange, Inc., 4921–4922 Federal records disposition— Applications, hearings, determinations, etc.: Records centers used to store Federal records; facility Arizona Stock Exchange, Inc., 4908–4909 standards; meeting, 4818 Victory Portfolios et al., 4909–4911

National Highway Traffic Safety Administration Small Business Administration PROPOSED RULES NOTICES Motor vehicle safety standards: Agency information collection activities: Occupant crash protection— Proposed collection; comment request, 4923 Child restraint systems; Federal regulatory review, 4834–4835 Social Security Administration NOTICES National Institute of Standards and Technology Social security acquiescence rulings: Florez on behalf of Wallace v. Callahan; supplemental NOTICES Voluntary product standards: income; deeming of income from stepparent to child American Lumber Standard Committee— when natural parent is not living in same household, American softwood, 4844–4845 4923–4924 Tennessee Valley Authority National Institutes of Health NOTICES NOTICES Meetings; Sunshine Act, 4924 Inventions, Government-owned; availability for licensing, 4884–4886 Toxic Substances and Disease Registry Agency Meetings: See Agency for Toxic Substances and Disease Registry National Institute of Diabetes and Digestive and Kidney Diseases, 4886–4887 Transportation Department National Institute on Deafness and Other Communication See Coast Guard Disorders, 4888 See Federal Aviation Administration VI Federal Register / Vol. 64, No. 20 / Monday, February 1, 1999 / Contents

See Federal Railroad Administration Part III See National Highway Traffic Safety Administration Department of Education, 4935–4938 NOTICES Aviation proceedings: Agreements filed; weekly receipts, 4924–4925 Part IV Certificates of public convenience and necessity and Office of Juvenile Justice and Delinquency Prevention, foreign air carrier permits; weekly applications, 4925 4939–4955 Treasury Department See Internal Revenue Service Reader Aids Consult the Reader Aids section at the end of this issue for Separate Parts In This Issue phone numbers, online resources, finding aids, reminders, and notice of recently enacted public laws. Part II Agricultural Marketing Service, 4927–4934 Federal Register / Vol. 64, No. 20 / Monday, February 1, 1999 / Contents VII

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 301...... 4777 956...... 4928 8 CFR 244...... 4780 14 CFR 71 (4 documents) ...... 4782, 4783, 4784 Proposed Rules: 39...... 4791 71 (7 documents) ...... 4793, 4794, 4795, 4796, 4797, 4799, 4800 21 CFR 177...... 4785 26 CFR Proposed Rules: 1...... 4801 33 CFR 117 (2 documents) ...... 4786, 4787 Proposed Rules: 100 (2 documents) ...... 4812, 4814 173...... 4816 36 CFR Proposed Rules: 1228...... 4818 40 CFR Proposed Rules: 262...... 4818 48 CFR 511...... 4788 516...... 4788 542...... 4788 552...... 4788 49 CFR Proposed Rules: 244...... 4833 571...... 4834 50 CFR 679...... 4790 4777

Rules and Regulations Federal Register Vol. 64, No. 20

Monday, February 1, 1999

This section of the FEDERAL REGISTER ahead on (202) 690–2817 to facilitate trees. Under the regulations in § 301.75– contains regulatory documents having general entry into the comment reading room. 6(c), within 7 days after confirmation applicability and legal effect, most of which FOR FURTHER INFORMATION CONTACT: Mr. that a plant or tree is infected, the State are keyed to and codified in the Code of Stephen Poe, Operations Officer, must provide written notice to the Federal Regulations, which is published under owner that the plant or tree must be 50 titles pursuant to 44 U.S.C. 1510. Program Support Staff, PPQ, APHIS, 4700 River Road Unit 134, Riverdale, destroyed. The owner then has 45 days The Code of Federal Regulations is sold by MD 20737–1236, (301) 734–8247; or e- in which to destroy the infected plant or the Superintendent of Documents. Prices of mail: [email protected]. tree. These State-conducted eradication new books are listed in the first FEDERAL SUPPLEMENTARY INFORMATION: activities within quarantined areas are REGISTER issue of each week. an integral element of a cooperative Background State/Federal citrus canker program Citrus canker is a plant disease that that, when successfully completed, will DEPARTMENT OF AGRICULTURE affects plants and plant parts, including result in the eradication of citrus canker fresh fruit, of citrus and citrus relatives and the removal of an area’s designation Animal and Plant Health Inspection as a quarantined area. Service (Family Rutaceae). Citrus canker can cause defoliation and other serious In an interim rule effective on January 7 CFR Part 301 damage to the leaves and twigs of 16, 1996, and published in the Federal susceptible plants. It can also cause Register on January 22, 1996 (61 FR [Docket No. 95±086±2] lesions on the fruit of infected plants, 1519–1521, Docket No. 95–086–1), we which renders the fruit unmarketable, quarantined an area of approximately Citrus Canker; Addition to Quarantined and cause infected fruit to drop from the 140 square miles within Dade County, Areas trees before reaching maturity. The FL, based on the detection of the Asiatic aggressive A (Asiatic) strain of citrus strain of citrus canker within a 24- AGENCY: Animal and Plant Health canker can infect susceptible plants square-mile residential area of the Inspection Service, USDA. rapidly and lead to extensive economic county. In that document we stated that ACTION: Interim rule and request for losses in commercial citrus-producing the highly populated, residential comments. areas. character of the area in which citrus The regulations to prevent the canker was detected led us to expect the SUMMARY: We are amending the citrus interstate spread of citrus canker are disease might be found on additional canker regulations by adding portions of contained in 7 CFR 301.75–1 through properties in the vicinity of the original Broward, Collier, and Manatee Counties, 301.75–14 (referred to below as the detection. Given that expectation, we FL, to the list of quarantined areas and regulations). The regulations restrict the opted to establish an expanded by expanding the boundaries of the interstate movement of regulated quarantined area containing what we quarantined area in Dade County, FL, articles from and through areas believe to be an adequate buffer zone due to the recent detections of citrus quarantined because of citrus canker around the affected properties, rather canker in those areas. This action is and provide for the designation of than establish a quarantined area necessary on an emergency basis to survey areas around quarantined areas. surrounded by a separate, less- prevent the spread of citrus canker into Survey areas undergo close monitoring restrictive survey area. noninfested areas of the United States. by Animal and Plant Health Inspection We solicited comments concerning This action imposes certain restrictions Service (APHIS) and State inspectors for the January 1996 interim rule for 60 on the interstate movement of regulated citrus canker and serve as buffer zones days ending March 22, 1996. We articles from and through the against the disease. received two comments by that date. quarantined areas. Under § 301.75–4(c) of the They were from a State agricultural DATES: Interim rule effective January 26, regulations, any State or portion of a agency and an association representing 1999. Consideration will be given only State where an infestation is detected citrus growers. Both of the commenters to comments received on or before April will be designated as a quarantined area fully supported the interim rule as 2, 1999. and will retain that designation until the written. ADDRESSES: Please send an original and area has been free from citrus canker for New infestations of citrus canker have three copies of your comments to 2 years. recently been detected on properties in Docket No. 95–086–2, Regulatory Section 301.75–4(d) of the regulations Dade County, FL, that lie outside the Analysis and Development, PPD, provides that less than an entire State previously quarantined area, and in APHIS, Suite 3C03, 4700 River Road will be designated as the quarantined areas of Broward, Collier, and Manatee Unit 118, Riverdale, MD 20737–1238. area only if certain conditions are met. Counties, FL, which were not Please state that your comments refer to The State must, with certain specified previously designated as quarantined Docket No. 95–086–2. Comments exceptions, enforce restrictions on the areas. The State of Florida has placed received may be inspected at USDA, intrastate movement of regulated these new areas under State quarantine room 1141, South Building, 14th Street articles from the quarantined area that and is enforcing restrictions on the and Independence Avenue SW., are at least as stringent as those being intrastate movement of regulated Washington, DC, between 8 a.m. and enforced on the interstate movement of articles from these quarantined areas. 4:30 p.m., Monday through Friday, regulated articles from the quarantined We have determined that Florida’s except holidays. Persons wishing to area. The State must also undertake the restrictions on the intrastate movement inspect comments are requested to call destruction of all infected plants and of regulated articles from the 4778 Federal Register / Vol. 64, No. 20 / Monday, February 1, 1999 / Rules and Regulations quarantined areas are at least as closes, we will publish another Entities Potentially Affected stringent as those on the interstate document in the Federal Register. The Broward and Dade Counties. We have movement of regulated articles from the document will include a discussion of identified approximately 3,528 entities quarantined areas. Therefore, as any comments we receive and any within Broward and Dade Counties, FL, provided by § 301.75–4(d), we are amendments we are making to the rule that could be affected by this interim designating an area less than the entire as a result of the comments. rule. These entities consist of 78 State as a quarantined area. nurseries, 6 nursery stock dealers, 200 Specifically, we are amending the Executive Order 12866 and Regulatory fresh fruit retail stores, 1 fruit packer, 1 regulations by adding a 30-square-mile Flexibility Act gift fruit shipper, 6 commercial groves, portion of Collier County, FL, and a 68- This rule has been reviewed under 3 grove maintenance services, 3 fruit square-mile portion of Manatee County, Executive Order 12866. For this action, harvesting contractors, and 3,230 lawn FL, to the list of quarantined areas. We the Office of Management and Budget are also adding a combined entry for maintenance businesses. has waived its review process required Collier County. We have identified Dade and Broward Counties, FL, to the by Executive Order 12866. approximately 85 entities within Collier list of quarantined areas. The combined For our January 1996 interim rule, we County, FL, that could be affected by entry encompasses a 507-square-mile performed an Initial Regulatory area of those two counties and includes this interim rule. These entities consist Flexibility Analysis, in accordance with of 10 commercial groves, 10 fruit that portion of Dade County that was 5 U.S.C. 603, regarding the impact of designated as a quarantined area in our packers, 10 gift fruit shippers, 10 fruit that interim rule on small entities. In transporters, 20 fruit harvesting January 1996 interim rule. An exact that Initial Regulatory Flexibility description of the quarantined areas can contractors, and 25 grove maintenance Analysis, we stated that we did not have services. The numbers provided for all be found in the rule portion of this all of the data necessary for a document. entities except commercial groves comprehensive analysis of the effects of include entities that are located within These new or revised quarantined the interim rule on small entities. areas include what we believe to be an the quarantined area as well as entities Therefore, we invited comments on located outside the quarantined area adequate buffer zone around the potential effects of the interim rule and infected properties, so no areas in any that could be affected. specifically requested information Manatee County. We have identified of the counties have been designated as regarding the number and kinds of small survey areas. As we explained in the approximately 443 entities within entities that may incur benefits or costs Manatee County, FL, that could be January 1996 interim rule, we believe from the implementation of that interim that expanding the quarantined area to affected by this interim rule. These rule. Neither of the two comments we include a buffer zone, rather than entities consist of 3 nurseries, 24 fresh received in response to the interim rule establishing a separate, less-restrictive fruit retail stores, 57 commercial groves, contained any information pertaining to survey area, will enhance our ability to 2 fruit processors, 2 fruit packers, 2 gift potential economic effects. detect and control further occurrences fruit shippers, 3 fruit transporters, 20 of citrus canker in and around the For this interim rule, we have fruit harvesting contractors, 5 grove infested area. Because some of the new performed a second Initial Regulatory maintenance services, 319 lawn findings of citrus canker were in highly Flexibility Analysis, in accordance with maintenance businesses, and 6 flea populated residential areas, we expect 5 U.S.C. 603, regarding the impact of markets. The numbers provided for fruit there may be additional detections of this interim rule on small entities. That harvesting contractors and flea markets citrus canker on other properties in the analysis is set out below. Because we do include entities that are located within general vicinity of the original findings. not currently have all of the data the quarantined area as well as entities Having an extended quarantined area necessary for a comprehensive analysis located outside the quarantined area will allow us to more effectively contain of the effects of this interim rule on that could be affected. small entities, we are again inviting the spread of citrus canker and reduce Number of Small Entities the need for frequent changes to the comments on its potential effects. In regulations to reflect new findings of particular, we are interested in The number of these entities that meet citrus canker. determining the number and kinds of the Small Business Administration small entities that may incur benefits or (SBA) definition of a small entity is Immediate Action costs from the implementation of this unknown, since the information needed The Administrator of the Animal and interim rule. to make that determination (i.e., each Plant Health Inspection Service has The Plant Quarantine Act, contained entity’s annual sales) is not currently determined that there is good cause for in 7 U.S.C. 151–165 and 167, authorizes available. However, it is reasonable to publishing this interim rule without the Secretary of Agriculture to assume that most of these entities are prior opportunity for public comment. quarantine States or portions of States small in size because the majority of the Immediate action is necessary to and to promulgate regulations to same or similar businesses in southern prevent citrus canker from spreading prevent the spread of dangerous plant Florida, as well as in the rest of the into noninfested areas of the United diseases new to or not widely prevalent United States, are small entities by SBA States. in the United States. standards. In 1992, for example, the Because prior notice and other public We are amending the citrus canker average sales per establishment for all procedures with respect to this action regulations by adding portions of metropolitan Miami area establishments are impracticable and contrary to the Broward, Collier, and Manatee Counties, primarily engaged in selling trees, public interest under these conditions, FL, to the list of quarantined areas and shrubs, and seed to the general public we find good cause under 5 U.S.C. 553 by expanding the quarantined area (SIC 526, which includes retail to make this action effective upon within Dade County, FL. This action nurseries) was $340,340, which is well signature. We will consider comments imposes certain restrictions on the below the SBA’s current small entity that are received within 60 days of interstate movement of regulated size standard for such businesses of $5 publication of this rule in the Federal articles from and through the million in sales. In 1992, the average Register. After the comment period quarantined area. sales per establishment for all Federal Register / Vol. 64, No. 20 / Monday, February 1, 1999 / Rules and Regulations 4779 metropolitan Miami area establishments areas. These requirements will slightly to contain and eradicate citrus canker. primarily engaged in selling general increase costs for lawn maintenance Under the ‘‘no action’’ alternative, food items for home consumption (SIC companies affected by this interim rule. APHIS would take no action to control 541, which includes grocery stores) was Commercial citrus growers, and eradicate citrus canker, or to $2.6 million, which is also well below processors, packers, and shippers otherwise restrict the movement of the SBA’s current small entity size within the quarantined areas will still articles that might spread citrus canker. standard for such businesses of $20 be able to move their fruit interstate, This option would result in State million in sales. Similarly, in 1992 the provided the fruit is treated and not agriculture departments, grower groups, average sales per establishment for all shipped to another citrus-producing and growers bearing the entire burden metropolitan Miami area establishments State. Growers will have to bear the cost in dealing with the infestation. Under primarily engaged in selling certain of treatment, but that cost is expected to the ‘‘regulatory quarantine only’’ other food items for home consumption be minimal. The prohibition on moving alternative, APHIS would take (SIC 543, 544, 545, and 549, which the fruit to other citrus-producing States regulatory actions (e.g., the quarantine include fruit and vegetable markets) was is not expected to negatively affect of a whole State, restricting the $453,138, which is well below the entities within the quarantined areas interstate movement of articles which SBA’s current small entity size standard because most States do not produce might spread citrus canker) designed to for such businesses of $5 million in citrus and growers are expected to be prevent the spread of citrus canker. This sales. Finally, in 1993, the average sales able to find a ready market in non- option would still leave State per firm for all 33,301 U.S. firms citrus-producing States. agriculture departments, grower groups, primarily engaged in providing lawn The nurseries and commercial groves and growers to bear the entire burden of and garden services (SIC 0782, which affected by this interim rule will be intrastate control and eradication of the includes lawn maintenance businesses) required to undergo periodic infestation. Finally, under the was $222,571, which is well below the inspections. These inspections may be ‘‘cooperative agreement’’ alternative, SBA’s current small entity size standard inconvenient, but the inspections will which is the recommended alternative, for such businesses of $5 million in not result in any additional costs for the APHIS’ regulatory quarantines would be sales. nurseries or growers because APHIS or used in combination with State Fresh fruit retail stores, nurseries, and the State of Florida will provide the regulatory quarantines and control lawn maintenance companies comprise, services of the inspector without cost to methods in a cooperative State/Federal on a combined basis, 3,860 the nursery or grower. program to contain and eradicate citrus (approximately 95 percent) of the total Consideration of Alternatives canker. 4,056 entities potentially affected by The environmental assessment this interim rule. The operations of The alternative to this interim rule provides a basis for our conclusion that those entities are, for the most part, was to make no changes in the citrus the selected citrus canker eradication local in nature; they do not typically canker regulations. We rejected this program will not have a significant move regulated articles outside of the alternative because failure to quarantine impact on the quality of the human State of Florida during the normal portions of Broward, Collier, and environment. Based on the findings of course of their business, and consumers Manatee Counties, FL, and an additional no significant impact, the Administrator do not generally move products portion of Dade County, FL, could result of the Animal and Plant Health purchased from those entities out of the in great economic losses for domestic Inspection Service has determined that State. The fruit sold by grocery stores citrus producers. an environmental impact statement and other retail food outlets is generally need not be prepared. sold for local consumption. Retail Executive Order 12372 nurseries also market their products for This program/activity is listed in the The environmental assessment and local consumption. Lawn maintenance Catalog of Federal Domestic Assistance finding of no significant impact were businesses collect yard debris, but they under No. 10.025 and is subject to prepared in accordance with: (1) The do not normally transport that debris Executive Order 12372, which requires National Environmental Policy Act of outside the State for disposal. intergovernmental consultation with 1969, as amended (NEPA) (42 U.S.C. The fresh fruit retailers affected by State and local officials. (See 7 CFR part 4321 et seq.), (2) regulations of the this interim rule will be required to 3015, subpart V.) Council on Environmental Quality for abide by restrictions on the interstate implementing the procedural provisions movement of regulated articles. They Executive Order 12988 of NEPA (40 CFR parts 1500–1508), (3) may be affected by this interim rule This rule has been reviewed under USDA regulations implementing NEPA because fruit sold within the Executive Order 12988, Civil Justice (7 CFR part 1b), and (4) APHIS’ NEPA quarantined areas in retail stores cannot Reform. This rule: (1) Preempts all State Implementing Procedures (7 CFR part be moved outside of the quarantined and local laws and regulations that are 372). areas. However, we expect any direct inconsistent with this rule; (2) has no Copies of the environmental costs of compliance for fresh fruit retroactive effect; and (3) does not assessment and finding of no significant retailers to be minimal. require administrative proceedings impact are available for public The lawn maintenance companies before parties may file suit in court inspection at USDA, room 1141, South affected by this interim rule will be challenging this rule. Building, 14th Street and Independence required to perform additional Avenue SW., Washington, DC, between sanitation measures when maintaining National Environmental Policy Act 8 a.m. and 4:30 p.m., Monday through an area inside the quarantined areas. An environmental assessment and Friday, except holidays. Persons Lawn maintenance companies will have finding of no significant impact have wishing to inspect copies are requested to clean and disinfect their equipment been prepared for this rule. The to call ahead on (202) 690–2817 to after grooming an area within the assessment considers three alternatives facilitate entry into the reading room. In quarantined areas, and they must for citrus canker control: No action, addition, copies may be obtained by properly dispose of any clippings from regulatory quarantine only, and writing to the individual listed under plants or trees within the quarantined cooperation in a State/Federal program FOR FURTHER INFORMATION CONTACT. 4780 Federal Register / Vol. 64, No. 20 / Monday, February 1, 1999 / Rules and Regulations

Paperwork Reduction Act Drive (SW 152nd Street); then east along all applicants for TPS who desire This rule contains no new Coral Reef Drive to Biscayne Bay; then employment authorization to pay the information collection or recordkeeping north along the shoreline of Biscayne fee. requirements under the Paperwork Bay to the point of beginning. DATES: Effective date: This interim rule Reduction Act of 1995 (44 U.S.C. 3501 Manatee County. Beginning at the is effective February 1, 1999. et seq.). intersection of the Manatee River and I– Comment date: Comments must be 75; then west along the shoreline of the submitted on or before April 2, 1999. List of Subjects in 7 CFR Part 301 Manatee River to Terra Ceia Bay; then ADDRESSES: Please submit written Agricultural commodities, northeast along the shoreline of Terra documents, original and two copies, to Incorporation by reference, Plant Ceia Bay to the Terra Ceia River; then the Director, Policy Directives and diseases and pests, Quarantine, north along the Terra Ceia River to I– Instructions Branch, Immigration and Reporting and recordkeeping 275; then east on I–275 to Bishop Naturalization Service, 425 I Street NW, requirements, Transportation. Harbor Road; then north and east on Room 5307, Washington, DC 20536. To Accordingly, we are amending 7 CFR Bishop Harbor Road to U.S. 41; then ensure proper handling, please part 301 as follows: north on U.S. 41 to Buckeye Road; then east on Buckeye Road to the eastern reference INS No. 1972–99 on your PART 301ÐDOMESTIC QUARANTINE boundary of sec. 10, T. 33 S, R. 18 E; correspondence. Comments are NOTICES then south along the eastern boundary available for public inspections at the of sec. 10, T. 33 S, R. 18 E to Carter above address by calling (202) 514–3291 1. The authority citation for part 301 to arrange for an appointment. continues to read as follows: Road; then south on Carter Road to the eastern boundary of sec. 22, T. 33 S, R. FOR FURTHER INFORMATION CONTACT: Authority: 7 U.S.C. 147a, 150bb, 150dd, 18 E; then south along the eastern Michael Valverde, Residence and Status 150ee, 150ff, 161, 162, and 164–167; 7 CFR boundary of sec. 22, T. 33 S, R. 18 E to Branch, Office of Adjudications, 2.22, 2.80, and 371.2(c). Erie Road; then east and south along Immigration and Naturalization Service, 2. In § 301.75–4, paragraph (a) is Erie Road to U.S. Highway 301; then 425 I Street, NW, Room 3040, revised to read as follows: southwest along U.S. Highway 301 to I– Washington, DC 20536, telephone (202) § 301.75±4 Quarantined areas. 75; then south along I–75 to the point 514–3228. (a) The following States or portions of of beginning. SUPPLEMENTARY INFORMATION: States are designated as quarantined * * * * * What is Temporary Protected Status? areas: Done in Washington, DC, this 26th day of January 1999. Under section 244 of the Immigration FLORIDA Joan M. Arnoldi, and Nationality Act (Act), TPS is a Collier County. Beginning at the Acting Administrator, Animal and Plant temporary immigration status granted intersection of SR 29 and SR 858; then Health Inspection Service. by the Attorney General to eligible north along SR 29 approximately 3.5 [FR Doc. 99–2324 Filed 1–29–99; 8:45 am] nationals of a designed country or part miles to the north section line of sec. 32, BILLING CODE 3410±34±P of a country. Beneficiaries of TPS are T. 47, R. 30; then east along the north granted a stay of removal and section lines of secs. 32, 33, 34, 35, and employment authorization for the 36, T. 47, R. 30, to the northeast corner DEPARTMENT OF JUSTICE designated TPS period and for any of sec. 36, T. 47, R. 30; then south along extensions of the designations. TPS does the east section line of sec. 36, T. 47, R. Immigration and Naturalization Service not lead to permanent resident status. 30, and secs. 1, 12, 13, 24, and 25, T. 8 CFR Part 244 What Language is Being Removed 48, R. 30, approximately 6 miles to the Regarding Application Fees for southeast corner of sec. 25, T. 48, R. 30; [INS No. 1972±99] Employment Authorization Documents? then west along the south section line of secs. 25, 26, 27, 28, and 29, T. 48, R. RIN 1115±AF37 The Service is amending section 244.6 30, approximately 4.5 miles to SR 29; to remove outdated language requiring Temporary Protected Status: then north along SR 29 approximately that only certain El Salvadorans must Amendments to the Requirements for 2.5 miles to the point of beginning. pay a fee for TPS-related applications Dade and Broward Counties. Employment Authorization Fee, and for EADs. Section 244.6 currently states Beginning at the mouth of the Miami Other Technical Amendments that‘‘* * * the filing fee for the Form I– River in Biscayne Bay; then north along AGENCY: Immigration and Naturalization 765 will be charged only for those aliens Biscayne Bay to Bal Harbor; then east Service, Justice. who are nationals of El Salvador, and along the inlet at Bal Harbor to the ACTION: Interim rule with request for are between the ages of 14 and 65 Atlantic Ocean; then north along the comments. (inclusive), and are requesting work shoreline of the Atlantic Ocean to the authorization.’’ This language pertains Port Everglades Channel in Broward SUMMARY: This interim rule amends the to the statutory designations of EL County; then west and south through Immigration and Naturalization Service Salvador for TPS (under section 303 of the Port Everglades Channel to where it (Service) regulations by removing the Immigration Act of 1990) that meets Eller Drive; then west on Eller outdated language requiring that only expired June 30, 1992. Drive to I–595; then west on I–595 to I– certain EL Salvadorans must pay a fee The El Salvador specific fee language 75; then south on I–75 to the Florida for Temporary Protected Status (TPS)- has been superseded by the fee Turnpike Homestead Extension; then related applications for employment requirements contained on the south on the Florida Turnpike authorization documents (EADs). instructions to the Form I–765 (last Homestead Extension to NW 58th Removing this language will make revised on April 25, 1995). The Form I– Street; then west along NW 58th Street Service regulations conform to current 765 instructs applicants filing for initial to Krome Avenue (NW 177th Avenue); Service policy as provided in the TPS to pay the fee if they wish to then south along Krome Avenue (NW instructions to the Form I–765. The receive employment authorization. The and SW 177th Avenue) to Coral Reef instructions on the Form I–765 instruct Service generally charges fees for Federal Register / Vol. 64, No. 20 / Monday, February 1, 1999 / Rules and Regulations 4781 persons who apply for TPS (Form I–821) notice and comment period ordinarily Executive Order 12612 and who want employment required by 5 U.S.C. 553(b)(B) and authorization (Form I–765) regardless of (d)(3). The Amendments and technical The regulations adopted herein will nationality. Applicants also have the changes made by this rule are not have substantial direct effects on the option of requesting a fee waiver for one administrative in nature and are States, on the relationship between the or both of these fees in accordance with necessary in order to: clarify the fee National Government and the States, or section 244.20. The Service does not requirements for new classes of TPS on the distribution of power and charge a fee when a TPS applicant files eligible nationals who will be applying responsibilities among the various the I–765 to comply with Service data for employment authorization, update levels of government. collection purposes only and does not and standardize existing procedures, Therefore, in accordance with wish to receive employment and enable the Service to more Executive Order 12612, it is determined authorization. Accordingly, section efficiently process applications for that this rule does not have sufficient 244.6 will be amended by removing the Temporary Protected Status. federalism implications to warrant the phrase ‘‘who are nationals of El preparation of a Federalism Assessment. Regulatory Flexibility Act Salvador’’. Executive Order 12988 Civil Justice This interim regulation does not The Commissioner of the Immigration Reform change the fee requirements for the and Naturalization Service, in This interim rule meets the applicable Form I–821, Application for Temporary accordance with the Regulatory standards set forth in sections 3(a) and Protected Status or the related Flexibility Act, 5 U.S.C. 605(b), has 3(b)(2) of E.O. 12988. fingerprint fee. reviewed this regulation and, by Technical Changes approving it, certifies that this rule will List of Subjects in 8 CFR Part 244 not have a significant economic impact What Is Being Changed Regarding on a substantial number of small Aliens, Reporting and recordkeeping Application Filing Procedures? entities. This rule applies to individuals requirements. The Service is amending 8 CFR part and has no economic effect on small Accordingly, part 244 of chapter I of 244 to remove the word ‘‘district’’ when entities. title 8 of the Code of Federal used in a reference to a ‘‘district Regulations is amended as follows: Unfunded Mandates Reform Act of director’’. Through this change, the 1995 Service will have the flexibility to PART 244ÐTEMPORARY PROTECTED STATUS FOR NATIONALS OF determine where an applicant should This rule will not result in the DESIGNATED STATES submit an application for TPS and expenditure by State, local, or tribal which Service personnel will adjudicate governments, in the aggregate, or by the 1. The authority citation for part 244 the application. In order to ensure that private sector, of $100 million or more continues to read as follows: applicants know where to file in any 1 year, and it will not applications, all future publications by significantly or uniquely affect small Authority: 8 U.S.C. 1103, 1254, 1254a note, 8 CFR part 2. the Service in the Federal Register governments. Therefore, no actions were announcing new TPS designations or deemed necessary under the provisions § 244.1 [Amended] extensions will contain information of the Unfunded Mandates Reform Act 2. In § 244.1, the definition for the regarding where applicants should file. of 1995. term Register is amended by removing What Is Being Changed Regarding the Small Business Regulatory Enforcement the word ‘‘district’’. Duration of Employment Authorization? Fairness Act of 1996 3. Section 244.6 is revised to read as A technical amendment to section follows: 244.12 will allow the Service to issue This rule is not a major rule as § 244.6 Application. EADS, which are valid for a period of defined in section 804 of the Small up to eighteen (18) months. Under Business Regulatory Enforcement An application for Temporary section 244 of the Act, the Attorney Fairness Act of 1996. This rule will not Protected Status must be made in General can authorize an initial result in an annual effect on the accordance with § 103.2 of this chapter designation period for TPS from 6 to 18 economy of $100 million or more; a except as provided in this section. Each months. However, section 244.12 major increase in costs or prices; or application must be filed with the fee, currently limits the validity period of significant adverse effects on as provided in § 103.7 of this chapter by TPS-related EADs to 12 months. This competition, employment, investment, each individual seeking temporary interim rule allows the Service to productivity, innovation, or on the protected status, except that the filing provide for a period of employment ability of United States-based fee for the Form I–765 will be charged authorization commensurate with the companies to compete with foreign- only for those applicants between the entire designation period of TPS and based companies in domestic and ages of 14 and 65 (inclusive) who are will eliminate the need to reissue EADs export markets. requesting employment authorization. after 12 months. Executive Order 12866 Each application must include a completed Form I–821, Application for Good Cause Exception This rule is not considered by the Temporary Protected Status, Form I– This interim rule is effective upon Department of Justice, Immigration and 765, Application for Employment publication in the Federal Register Naturalization Service, to be a Authorization, two identification although the Service invites post- ‘‘significant regulatory action’’ under photographs (11⁄2′′ x 11⁄2′′), and promulgation comments and will Executive Order 12866, section 3(f), supporting evidence as provided in address any such comments in a final Regulatory Planning and Review, and § 244.9. Every applicant who is 14 years rule. For the following reasons, the the Office of Management and Budget of age or older must be fingerprinted on Service finds that good cause exists for has waived its review process under Form FD–258, Applicant Card, as adopting this rule without the prior section 6(a)(3)(A). prescribed in § 103.2(e) of this chapter. 4782 Federal Register / Vol. 64, No. 20 / Monday, February 1, 1999 / Rules and Regulations

§ 244.10 [Amended] point in space approach serving Class E airspace designations for 4. In § 244.10, the section heading is Memorial Hospital of Sandusky County airspace areas extending upward from amended by removing the word Heliport. 700 feet or more above the surface of the ‘‘district’’. EFFECTIVE DATE: 0901 UTC, March 25, earth are published in paragraph 6005 of 5. Section 244.10 is amended by 1999. FAA Order 7400.9F dated September removing the word ‘‘district’’ wherever FOR FURTHER INFORMATION CONTACT: 10, 1998, and effective September 16, it appears in the following paragraphs: Michelle M. Behm, Air Traffic Division, 1998, which is incorporated by a. Paragraph (a); Airspace Branch, AGL–520, Federal reference in 14 CFR 71.1. The Class E b. Paragraph (b); Aviation Administration, 2300 East airspace designation listed in this c. Paragraph (d)(2); and Devon Avenue, Des Plaines, Illinois document will be published d. Paragraph (f)(2)(iii). 60018, telephone (847) 294–7568. subsequently in the Order. 6. In § 244.10, paragraph (f)(4)(ii) is SUPPLEMENTARY INFORMATION: The Rule amended by revising the phrase ‘‘District Office’’ to read: ‘‘district office History This amendment to 14 CFR part 71 modifies Class E airspace at Fremont, or service center’’. On Monday, November 16, 1998, the OH, to accommodate aircraft executing FAA proposed to amend 14 CFR part 71 § 244.12 [Amended] the proposed GPS SIAP 090° helicopter to modify Class E airspace at Fremont, 7. In § 244.12, paragraph (a) is point in space approach at Memorial OH (63 FR 63627). The proposal was to amended by removing the phrase ‘‘or Hospital of Sandusky County Heliport add controlled airspace extending twelve (12) months, whichever is by modifying existing controlled upward from 700 to 1200 feet AGL to shorter’’. airspace for the heliport. The area will contain Instrument Flight Rules (IFR) be depicted on appropriate aeronautical § 244.15 [Amended] operations in controlled airspace during charts. 8. In § 244.15, paragraph (a) is portions of the terminal operation and The FAA has determined that this amended in the third sentence by while transiting between the enroute regulation only involves an established removing the word ‘‘district’’. and terminal environments. Interested body of technical regulations for which parties were invited to participate in frequent and routine amendments are § 244.18 [Amended] this rulemaking proceeding by necessary to keep them operationally 9. In § 244.18, paragraph (b) is submitting written comments on the current. Therefore, this regulation—(1) amended in the last sentence by revising proposal to the FAA. One comment is not a ‘‘significant regulatory action’’ the term ‘‘district director’’ to read objecting to the proposal was received. under Executive Order 12866; (2) is not ‘‘director’’, and by revising the phrase The individual felt it would be safer in a ‘‘significant rule’’ under DOT ‘‘the district where’’ to read ‘‘the instrument flight conditions to have Regulatory Policies and Procedures (44 jurisdiction where’’. helicopters fly into the Fremont Airport FR 11034; February 26, 1979); and (3) Dated: January 26, 1999. rather than two separate locations, and, does not warrant preparation of a Doris Meissner, since the hospital is located nearby the Regulatory Evaluation as the anticipated airport, no time would be lost Commissioner, Immigration and impact is so minimal. Since this is a Naturalization Service. transporting medical emergency routine matter that will only affect air patients to the hospital. Air traffic [FR Doc. 99–2334 Filed 1–29–99; 8:45 am] traffic procedures and air navigation, it control procedures require aircraft be BILLING CODE 4410±01±M is certified that this rule will not have separated and protected from other a significant economic impact on a aircraft during instrument approaches. substantial number of small entities The existing instrument approach DEPARTMENT OF TRANSPORTATION under the criteria of the Regulatory procedure into Fremont Airport is Flexibility Act. Federal Aviation Administration roughly parallel to, and slightly offset to the northeast of, the proposed List of Subjects in 14 CFR Part 71 14 CFR Part 71 instrument approach procedure into the Airspace, Incorporation by reference, Memorial Hospital of Sandusky County Navigation (air). [Airspace Docket No. 98±AGL±56] Heliport. Therefore, simultaneous instrument approach clearances would Adoption of the Amendment Modification of Class E Airspace; not issued into Fremont Airport, or In consideration of the foregoing, the Fremont, OH Fremont Airport and the Memorial Federal Aviation Administration AGENCY: Federal Aviation Hospital of Sandusky County Heliport; amends 14 CFR part 71 as follows: Administration (FAA), DOT. therefore whether a helicopter lands at PART 71ÐDESIGNATION OF CLASS A, ACTION: Final rule. the airport or the hospital heliport, no change in safety of flight would occur. CLASS B, CLASS C, CLASS D, AND SUMMARY: This action modifies Class E In addition, the nature of the helicopter CLASS E AIRSPACE AREAS; airspace at Fremont, OH. A Global medical emergency flights into AIRWAYS; ROUTES; AND REPORTING Positioning System (GPS) Standard Memorial Hospital of Sundusky County POINTS Instrument Approach Procedure (SIAP) Heliport requires the least amount of 1. The authority citation for part 71 ° 090 helicopter point in space approach transit time possible. These procedures continues to read as follows: has been developed for Memorial would eliminate the need for ground Authority: 49 U.S.C. 106(g), 40103, 40113, Hospital of Sandusky County Heliport. based vehicular transportation between 40120; E.O. 10854, 24 FR 95665, 3 CFR, Controlled airspace extending upward the airport and the hospital. Minutes 1959–1963 Comp., p.389. from 700 to 1200 feet above ground and seconds are crucial in life and death level (AGL) is needed to contain aircraft medical emergencies; therefore, direct § 71.1 [Amended] executing the approach. This action access to the hospital heliport in 2. The incorporation by reference in modifies existing controlled airspace for instrument flight conditions is greatly 14 CFR 71.1 of the Federal Aviation Fremont, OH, in order to include the desired. Administration Order 7400.9F, Airspace Federal Register / Vol. 64, No. 20 / Monday, February 1, 1999 / Rules and Regulations 4783

Designations and Reporting Points, Federal Regulations, part 71 (14 CFR List of Subjects in 14 CFR Part 71 dated September 10, 1998, and effective part 71) by establishing the Buena Vista September 16, 1998, is amended as Class E area (63 FR 55971). This Airspace, Incorporation by reference, follows: establishment of the Class E area Navigation (air). * * * * * provides the additional airspace Adoption of the Amendment necessary to allow the development of Paragraph 6005 Class E airspace areas extending upward from 700 feet or more a GPS SIAP into the Buena Vista In consideration of the foregoing, the above the surface of the earth. Municipal Airport. In the notice of Federal Aviation Administration * * * * * proposed rulemaking action, the amends 14 CFR part 71 as follows: proposal was inadvertently listed as AGL OH E5 Fremont, OH [Revised] amended airspace action vice PART 71ÐDESIGNATION OF CLASS A, Fremont Airport, OH establishment of new airspace. The legal CLASS B, CLASS C, CLASS D, AND ° ′ ′′ ° ′ ′′ (Lat. 41 20 03 N., long. 83 09 36 W) description remains exactly the same. CLASS E AIRSPACE AREAS; Memorial Hospital of Sandusky County, OH These errors are corrected herein. AIRWAYS; ROUTES; AND REPORTING Point In Space Coordinates POINTS (Lat. 41°20′18′′ N., long. 83°08′57′′W) Interested parties were invited to participate in the rulemaking That airspace extending upward from 700 1. The authority citation for 14 CFR feet above the surface within a 6.3-mile proceeding by submitting written radius of the Fremont Airport, and within a comments on the proposal. No part 71 continues to read as follows: 6.0-mile radius of the Point in Space serving comments were received. Authority: 49 U.S.C. 106(g), 40103, 40113, Memorial Hospital of Sandusky County. The coordinates for this airspace 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– * * * * * docket are based on North American 1963 Comp., p. 389. Issued in Des Plaines, Illinois on January Datum 83. Class E airspace areas 14, 1999. § 71.1 [Amended] extending upward from 700 feet or more John A. Clayborn, above the surface of the earth are 2. The incorporation by reference in Acting Manager, Air Traffic Division. published in Paragraph 6005 of FAA 14 CFR 71.1 of the Federal Aviation [FR Doc. 99–2345 Filed 1–29–99; 8:45 am] Order 7400.9F, dated September 10, Administration Order 7400.9F, Airspace BILLING CODE 4910±13±M 1998, and effective September 16, 1998, Designations and Reporting Points, which is incorporated by reference in 14 dated September 10, 1998, and effective DEPARTMENT OF TRANSPORTATION CFR 71.1. The Class E airspace September 16, 1998, is amended as designation listed in this document will follows: be published subsequently in the Order. Federal Aviation Administration Paragraph 6005 Class E airspace areas The Rule extending upward from 700 feet or more 14 CFR Part 71 above the surface of the earth. [Airspace Docket No. 98±ANM±20] This amendment to 14 CFR part 71 * * * * * establishes Class E airspace at Buena Establishment of Class E Airspace; Vista, CO, by providing a Class E ANM CO E5 Buena Vista, CO [New] Buena Vista, CO airspace area around the Buena Vista Buena Vista, Buena Vista Municipal Airport, Municipal Airport. The intended effect CO AGENCY: Federal Aviation of this rule is designed to provide safe (Lat 38°48′51′′ N, long. 106°07′14′′ W) Administration (FAA), DOT. and efficient use of the navigable That airspace extending upward from 700 ACTION: Final rule. airspace and to promote safe flight feet above the surface within a 4.7-mile radius of the Buena Vista Municipal Airport; SUMMARY: This action establishes a Class operations under IFR at Buena Vista E airspace area at Buena Vista Municipal Airport and between the that airspace extending upward from 1,200 Municipal Airport, Buena Vista, CO. terminal and en route transition stages. feet above the surface bounded by a line beginning at lat. 39°01′35′′ N, long. The effect of this action is to provide The FAA has determined that this 105°53′15′′ W; to lat. 38°59′40′′ N, long. controlled airspace to accommodate the regulation only involves an established 105°45′45′′ W; to lat. 38°52′40′′ N, long. development of a new Standard body of technical regulations for which 105°38′40′′ W; to lat. 38°33′50′′ N, long. Instrument Approach Procedure (SIAP) frequent and routine amendments are 105′36′50′′ W; to lat. 38°26′30′′ N, long. utilizing the Global Positioning System necessary to keep them operationally 105°42′30′′ W; to lat. 38°25′20′′ N, long. (GPS). This new SIAP requires airspace current. It, therefore, (1) is not a 106°18′45′′ W; to lat. 38°33′20′′ N, long. in order to contain Instrument Flight ‘‘significant regulatory action’’ under 106°22′20′′ W; to lat. 38°36′10′′ N, long. Rules (IFR) procedures. Executive Order 12866; (2) is not a 106°12′50′′ W; to lat. 38°51′25′′ N, long. EFFECTIVE DATE: 0901 UTC, March 25, ‘‘significant rule’’ under DOT 106°13′25′′ W; thence to point of beginning; 1999. Regulatory Policies and Procedures (44 excluding that airspace within Federal FOR FURTHER INFORMATION CONTACT: FR 11034; February 26, 1979); and (3) Airways, and the Leadville, CO, Class E Dennis Ripley, ANM–520.6, Federal does not warrant preparation of a airspace area. Aviation Administration, Docket No. Regulatory Evaluation as the anticipated * * * * * 98–ANM–20, 1601 Lind Avenue SW., impact is so minimal. Since this is a Issued in Seattle, Washington, on January Renton, Washington, 98055–4056; routine matter that will only effect air 14, 1999. telephone number: (425) 227–2527. traffic procedures and air navigation, it Helen Fabian Parke, SUPPLEMENTARY INFORMATION: is certified that this rule will not have a significant economic impact on a Manager, Air Traffic Division, Northwest History substantial number of small entities Mountain Region. On October 20, 1998, the FAA under the criteria of the Regulatory [FR Doc. 99–2344 Filed 1–29–99; 8:45 am] proposed to amend Title 14, Code of Flexibility Act. BILLING CODE 4910±13±M 4784 Federal Register / Vol. 64, No. 20 / Monday, February 1, 1999 / Rules and Regulations

DEPARTMENT OF TRANSPORTATION Order 7400.9F, dated September 10, That airspace extending upward from 700 1998, and effective September 16, 1998, feet above the surface within a 6-mile radius Federal Aviation Administration which is incorporated by reference in 14 of Linden Airport and within a 11-mile CFR 71.1. The Class E airspace radius of Linden Airport extending clockwise 14 CFR Part 71 from a 200° bearing to a 244° bearing from designation listed in this document will the airport, excluding the portion that [Airspace Docket No. 98±AEA±46] be published subsequently in the Order. coincides with the New York, NY, and Old Bridge, NJ, Class E airspace areas. Amendment to Class E Airspace; The Rule * * * * * Linden, NJ This amendment to Part 71 of the Issued in Jamaica, New York, on January Federal Aviation Regulations (14 CFR 25, 1999. AGENCY: Federal Aviation Part 71) amends Class E airspace at Franklin D. Hatfield, Administration (FAA), DOT. Linden, NJ, to provide controlled ACTION: Final rule. airspace extending upward from 700 Manager, Air Traffic Division, Eastern Region. [FR Doc. 99–2343 Filed 1–29–99; 8:45 am] SUMMARY: This action amends Class E feet AGL for aircraft executing the GPS– BILLING CODE 4910±13±M airspace extending upward from 700 A SIAP to Linden Airport. The FAA has determined that this feet Above Ground Level (AGL) at regulation only involves an established Linden, NJ. The development of new body of technical regulations for which DEPARTMENT OF TRANSPORTATION Standard Instrument Approach frequent and routine amendments are Procedures (SIAP) based on the Global Federal Aviation Administration necessary to keep them operationally Positioning System (GPS) at Linden current. Therefore, this regulation—(1) Airport has made this action necessary. 14 CFR Part 71 is not a ‘‘significant regulatory action’’ This action is intended to provide under Executive Order 12866; (2) is not adequate Class E airspace for instrument [Airspace Docket No. 98±AAL±24] a ‘‘significant rule’’ under DOT flight rules (IFR) operations by aircraft Regulatory Policies and Procedure (44 executing the GPS–A SIAP to Linden Amendment to Class E Airspace; FR 11034; February 26, 1979); and (3) Airport. Anaktuvuk Pass, AK does not warrant preparation of a EFFECTIVE DATE: 0901 UTC, March 25, Regulatory Evaluation as the anticipated AGENCY: Federal Aviation 1999. impact is so minimal. Since this is a Administration (FAA), DOT. FOR FURTHER INFORMATION CONTACT: Mr. routine matter that will only affect air ACTION: Final rule, correction. Francis Jordan, Airspace Specialist, traffic procedures and air navigation it Airspace Branch, AEA–520, Air Traffic is certified that this rule will not have Division, Eastern Region, Federal SUMMARY: This action corrects the error significant economic impact on a in the geographic coordinates of a final Aviation Administration, Federal substantial number of small entities Building #111, John F. Kennedy rule that was published in the Federal under the criteria of the Regulatory Register on November 5, 1998 (63 FR International Airport, Jamaica, New Flexibility Act. York 11430, telephone: (718) 553–4521. 59705), Airspace Docket 98–AAL–16. SUPPLEMENTARY INFORMATION: List of Subjects in 14 CFR Part 71 EFFECTIVE DATE: 0901 UTC, March 3, Airspace, Incorporation by reference, 1999. History Navigation (air). FOR FURTHER INFORMATION CONTACT: On December 24, 1998, a notice Adoption of the Amendment Robert van Haastert, Operations Branch, proposing to amend Part 71 of the AAL–538, Federal Aviation In consideration of the foregoing, the Federal Aviation Regulations (14 CFR Administration, 222 West 7th Avenue, Federal Aviation Administration Part 71) to amend the Class E airspace Box 14, Anchorage, AK 99513–7587; amends 14 CFR part 71 as follows: at Linden, NJ, was published in the telephone number (907) 271–5863; fax: Federal Register (63 FR 71235). The PART 71Ð[AMENDED] (907) 271–2850; email: development of a GPS–A–SIAP for [email protected]. Linden Airport requires the amendment 1. The authority citation for 14 CFR Internet address: http:// of the Class E airspace at Linden, NJ. Part 71 continues to read as follows: www.alaska.faa.gov/at or at address The notice proposed to amend http://162.58.28.41/at. controlled airspace extending upward Authority: 49 U.S.C. 106(g), 40103, 40113, 40120; EO 10854, 24 FR 9565, 3 CFR, 1959– SUPPLEMENTARY INFORMATION: from 700 feet AGL to contain IFR 1963 Comp., p. 389. operations in controlled airspace during History portions of the terminal operation and § 71.1 [Amended] while transitioning between the enroute 2. The incorporation by reference in Federal Register Document 98–29627, and terminal environments. 14 CFR 71.1 of Federal Aviation Airspace Docket 98–AAL–16, published Interested parties were invited to Administration Order 7400.9F, Airspace on November 5, 1998, (63 FR 59705) participate in this rulemaking Designations and Reporting Points, established the Class E airspace area at proceeding by submitting written dated September 10, 1998, and effective Anaktuvuk Pass, AK. The geographic comments on the proposal to the FAA. September 16, 1998, is amended as coordinates for the Anaktuvuk Pass No comments to the proposal were follows: Airport are in error and the Anaktuvuk received. The rule is adopted as Pass Non-Directional Radio Beacon Paragraph 6005 Class E airspace areas (NDB) coordinates were omitted. The proposed. extending upward from 700 feet or more The coordinates for this airspace above the surface of the earth. coordinates listed in the Notice of docket are based on North American Proposed Rulemaking for the airport * * * * * Datum 83. Class E airspace area and NDB published in the Federal designations for airspace extending AEA NJ E5 Linden, NJ [Revised] Register on August 5, 1998, (63 FR upward from 700 feet AGL are Linden Airport, NJ 41751) are correct. This action corrects published in paragraph 6005 of FAA (Lat. 40°37′04′′ N., long. 74°14′40′′ W.) these errors. Federal Register / Vol. 64, No. 20 / Monday, February 1, 1999 / Rules and Regulations 4785

Correction to Final Rule SUPPLEMENTARY INFORMATION: In a notice Any person who will be adversely Accordingly, pursuant to the published in the Federal Register of affected by this regulation may at any authority delegated to me, the May 19, 1993 (58 FR 29230), FDA time on or before March 3, 1999, file geographic coordinates listed for the announced that a food additive petition with the Dockets Management Branch Anaktuvuk Pass Airport and the missing (FAP 3B4372) had been filed on behalf (address above) written objections Anaktuvuk Pass NDB information as of Mitsubishi Gas Chemical Co., Inc., c/ thereto. Each objection shall be published in the Federal Register on o 1001 G St. NW., suite 500 West, separately numbered, and each November 5, 1998, (63 FR 59705), Washington, DC 20001. The petition numbered objection shall specify with (Federal Register Document 98–29627, proposed to amend the food additive particularity the provisions of the page 59705), is corrected as follows: regulations in § 177.1390 Laminate regulation to which objection is made structures for use at temperatures of 250 and the grounds for the objection. Each § 71.1 [Corrected] °F and above (21 CFR 177.1390) and numbered objection on which a hearing * * * * * § 177.1500 Nylon resins (21 CFR is requested shall specifically so state. 177.1500) to provide for the safe use of Failure to request a hearing for any AAL AK E2 Anaktuvuk Pass, AK Nylon MXD–6 as a nonfood-contact particular objection shall constitute a [Corrected] component in laminated articles for use waiver of the right to a hearing on that By removing ‘‘(Lat. 52°13′15′′ N., long. in contact with food. However, the ° ′ ′′ objection. Each numbered objection for 174 12 39 W.)’’ and substituting ‘‘(lat. petition was subsequently amended to which a hearing is requested shall 68°08′04′′ N., long. 151°44′30′′ W.).’’ restrict the use of the subject additive to include a detailed description and By adding ‘‘Anaktuvuk Pass NDB (Lat. nonfood-contact layers of: (1) Multilayer 68°08′12′′ N., long. 151°44′39′′ W.).’’ analysis of the specific factual films and (2) rigid plastic containers information intended to be presented in * * * * * composed of polypropylene food- support of the objection in the event Issued in Anchorage, AK, on January 22, contact and exterior layers. This 1999. that a hearing is held. Failure to include amendment is reflected in this final Trent S. Cummings, such a description and analysis for any rule. particular objection shall constitute a Acting Manager, Air Traffic Division, Alaskan FDA has evaluated data in the Region. waiver of the right to a hearing on the petition and other relevant material. The objection. Three copies of all documents [FR Doc. 99–2335 Filed 1–29–99; 8:45 am] agency concludes that the proposed use shall be submitted and shall be BILLING CODE 4910±13±P of the additive as a nonfood-contact identified with the docket number layer of: (1) Multilayer films and (2) found in brackets in the heading of this rigid plastic containers composed of document. Any objections received in DEPARTMENT OF HEALTH AND polypropylene food-contact and exterior response to the regulation may be seen HUMAN SERVICES layers is safe, that the additive will have in the Dockets Management Branch the intended technical effect, and Food and Drug Administration between 9 a.m. and 4 p.m., Monday therefore, that the regulations in through Friday. §§ 177.1390 and 177.1500 should be 21 CFR Part 177 amended as set forth below. List of Subjects in 21 CFR Part 177 [Docket No. 93F±0151] In accordance with § 171.1(h) (21 CFR Food additives, Food packaging. 171.1(h)), the petition and the Therefore, under the Federal Food, Indirect Food Additives: Polymers documents that FDA considered and Drug, and Cosmetic Act and under relied upon in reaching its decision to authority delegated to the Commissioner AGENCY: Food and Drug Administration, approve the petition are available for HHS. of Food and Drugs, and redelegated to inspection at the Center for Food Safety the Director, Center for Food Safety and ACTION: Final rule. and Applied Nutrition by appointment Applied Nutrition, 21 CFR part 177 is with the information contact person SUMMARY: The Food and Drug amended as follows: listed above. As provided in § 171.1(h), Administration (FDA) is amending the the agency will delete from the food additive regulations to provide for PART 177ÐINDIRECT FOOD documents any materials that are not the safe use of Nylon MXD–6 as ADDITIVES: POLYMERS available for public disclosure before nonfood-contact layers of multilayer making the documents available for 1. The authority citation for 21 CFR films and rigid plastic containers inspection. part 177 continues to read as follows: composed of polypropylene food- The agency has carefully considered Authority: 21 U.S.C. 321, 342, 348, 379e. contact and exterior layers. This action the potential environmental effects of 2. Section 177.1390 is amended by is in response to a petition filed on this action. FDA has concluded that the redesignating paragraph (c)(1)(i)(e) as behalf of Mitsubishi Gas Chemical Co., action will not have a significant impact paragraph (c)(1)(i)(f) and adding a new Inc. on the human environment, and that an paragraph (c)(1)(i)(e) to read as follows: DATES: This regulation is effective environmental impact statement is not February 1, 1999; written objections and required. The agency’s finding of no § 177.1390 Laminate structures for use at requests for a hearing by March 3, 1999. significant impact and the evidence temperatures of 250 °F and above. ADDRESSES: Submit written objections to supporting that finding, contained in an * * * * * the Dockets Management Branch (HFA– environmental assessment, may be seen (c) * * * 305), Food and Drug Administration, in the Dockets Management Branch (1) * * * 5630 Fishers Lane, rm. 1061, Rockville, (address above) between 9 a.m. and 4 (i) * * * MD 20852. p.m., Monday through Friday. (e) Nylon MXD–6 resins that comply FOR FURTHER INFORMATION CONTACT: This final rule contains no collections with item 10.3 of the table in Mark A. Hepp, Center for Food Safety of information. Therefore, clearance by § 177.1500(b) of this chapter when and Applied Nutrition (HFS–215), Food the Office of Management and Budget extracted with water and heptane under and Drug Administration, 200 C St. SW., under the Paperwork Reduction Act of the conditions of time and temperature Washington, DC 20204, 202–418–3098. 1995 is not required. specified for condition of use A, as set 4786 Federal Register / Vol. 64, No. 20 / Monday, February 1, 1999 / Rules and Regulations forth in Table 2 of § 176.170(c) of this 3. Section 177.1500 is amended in the § 177.1500 Nylon resins. chapter. table in paragraph (b) by adding item * * * * * * * * * * ‘‘10.3’’ to read as follows: (b) * * *

Maximum extractable fraction in selected solvents Melting Solubility in (expressed in percent by weight of resin) Nylon resins Specific point boiling Viscosity gravity (degrees 4.2N HCl No. (mL/g) 95 percent Fahrenheit) Water ethyl alcohol Ethyl acetate Benzene

******* 10.3 Nylon MXD±6 resins for use 1.22±0.02 455±470 Disolves in 1.0 1.5 0.2 0.2 only as nonfood-contact layers of: 1 h. (1) Multilayer films and (2) rigid plastic containers composed of polypropylene food-contact and exterior layers, as defined in § 177.1520(c), item 1.1(a) and 1.1(b), of this chapter. The fin- ished food-contact laminate, in the form in which it contacts food, when extracted with the food sim- ulating solvent or solvents charac- terizing the conditions of the in- tended use as determined from Table 2 of § 176.170(c) of this chapter, shall yield not more than 0.5 micrograms of m- xylylenediamine-adipic acid cyclic monomer per square inch of food- contact surface, when the food simulating solvent is analyzed by any appropriate, properly vali- dated method.

*******

* * * * * Mile 579.9, at Dubuque, Iowa. This essential for the continued safe Dated: January 20, 1999. deviation allows the bridge to open operation of the drawbridge. The L. Robert Lake, upon 24 hours advance notice from deviation was coordinated with 12:01 a.m. on January 10, 1999, through Director, Office of Policy, Planning and waterway users and no objections to the 12:01 a.m. on March 1, 1999. This Strategic Initiatives, Center for Food Safety deviation have been made. action will facilitate maintenance work and Applied Nutrition. This deviation allows the Dubuque on the bridge. [FR Doc. 99–2230 Filed 1–29–99; 8:45 am] Railroad Drawbridge across the Upper BILLING CODE 4160±01±F DATES: The deviation is effective from Mississippi River at Mile 579.9, at 12:01 a.m. on January 1, 1999, through Dubuque, Iowa to remain closed to 12:01 a.m. on March 1, 1999. navigation from 12:01 a.m. on January DEPARTMENT OF TRANSPORTATION FOR FURTHER INFORMATION CONTACT: 10, 1999, to 12:01 a.m. on March 1, Roger K. Wiebusch, Bridge 1999, with openings provided upon Coast Guard Administrator, Director, Western Rivers receipt of 24 hour advance notice. Operations, Eighth Coast Guard District, 33 CFR Part 117 This deviation will be effective from Bridge Branch, 1222 Spruce Street, St. 12:01 a.m. on January 10, 1999, until Louis, MO 63103–2832; telephone: (314) [CGD08±99±004] 12:01 a.m. on March 1, 1999. Presently, 539–3900, extension 378. Drawbridge Operation Regulation; the draw is required to open on signal SUPPLEMENTARY INFORMATION: The Upper Mississippi River when drawbridge operation regulations Dubuque Railroad Bridge across the are not amended by a deviation. AGENCY: Coast Guard, DOT. Upper Mississippi River at Mile 579.9, Dated: January 13, 1999. ACTION: Notice of temporary deviation at Dubuque Iowa, provides a vertical Paul J. Pluta, from regulations. clearance of 19.9 feet above normal pool in the closed to navigation position. Rear Admiral, U.S. Coast Guard, Commander, SUMMARY: The Commander, Eighth Navigation on the waterway is a mixture Eighth Coast Guard District. Coast Guard District has issued a of recreational boats and commercial [FR Doc. 99–2273 Filed 1–29–99; 8:45 am] temporary deviation from the tows. A temporary deviation has been BILLING CODE 4910±15±M regulations governing the operation of requested from the normal operation of the Dubuque Railroad Drawbridge the bridge in order to accommodate across the Upper Mississippi River at maintenance work. The work is Federal Register / Vol. 64, No. 20 / Monday, February 1, 1999 / Rules and Regulations 4787

DEPARTMENT OF TRANSPORTATION clearance of 35 feet at mean high water full Regulatory Evaluation under and 40 feet at mean low water. paragraph 10e of the regulatory policies Coast Guard The current operating regulations in and procedures of DOT is unnecessary. 33 CFR 117.739(h) require the bridge to This conclusion is based on the fact that 33 CFR Part 117 open on signal if at least eight (8) hours there have been only 8 requests to open [CGD01±97±134] advance notice is given. There have this bridge in the last ten years. been only 8 requests to open this bridge RIN 2115±AE47 since 1987. The bridge owner, the New Small Entities Jersey Department of Transportation Drawbridge Operation Regulations; (NJDOT), has requested relief from being Under the Regulatory Flexibility Act Passaic River, NJ required to crew the bridge since there (5 U.S.C. 601 et seq.), the Coast Guard considered whether this final rule will AGENCY: Coast Guard, DOT. have been so few requests to open the have a significant economic impact on ACTION: Final rule. bridge. The general operating regulations for bridges require that the a substantial number of small entities. SUMMARY: The Coast Guard is changing bridge owner maintain the draw in good ‘‘Small entities’’ include small the operating rules for the I–280 Bridge serviceable condition. businesses, not-for profit organizations (Stickel Memorial), mile 5.8, over the The Coast Guard originally published that are independently owned and Passaic River at Harrison, New Jersey, to a notice of proposed rulemaking to operated and are not dominant in their permit the draw to open on signal after allow the bridge to need not be opened fields, and governmental jurisdictions a twenty four hour advance notice is for vessel traffic. The Coast Guard, after with populations less than 50,000. For given due to the infrequency of requests further consideration, decided to change the reasons discussed in the Regulatory to open the draw by vessels. It is the rule in the notice of proposed Evaluation section above, the Coast expected that this final rule will relive rulemaking to a twenty four hour Guard certifies under 5 U.S.C. 605(b) of the bridge owner of the responsibility to advance notice for bridge openings in the Regulatory Flexibility Act that this have a drawtender present and still place of the need not open requirement final rule will not have a significant provide for the needs of navigation. originally proposed. This change was economic impact on a substantial DATES: This final rule is effective March made because the Coast Guard believes number of small entities. 3, 1999. that since the bridge owner must maintain the draw in operable condition Collection of Information ADDRESSES: Documents as indicated in that the draw should still open for this preamble are available for vessels is a request is given. The Coast This final rule does not provide for a inspection or copying at the First Coast guard believes that a twenty four hour collection of information under the Guard District Office, 408 Atlantic advance notice requirement is a Paperwork Reduction Act of 1995 (44 Avenue, Boston, Ma. 02110–3350, reasonable amount of time for the bridge U.S.C. 3501 et seq.). between 7 a.m. and 2 p.m., Monday owner to have personnel at the bridge through Friday, except Federal holidays. Federalism for an opening. A supplemental notice The telephone number is (617) 223– of proposed rulemaking was then The Coast Guard has analyzed this 8364. published with a twenty four hour final rule in accordance with the FOR FURTHER INFORMATION CONTACT: John advance notice requirement for all principles and criteria contained in W. McDonald, Project Officer, First bridge openings. Executive Order 12612 and has Coast Guard District, (617) 223–8364. This final rule is being published with determined that this final rule does not SUPPLEMENTARY INFORMATION: no changes from the supplemental have sufficient implications for Regulatory History notice of proposed rulemaking. federalism to warrant the preparation of a Federalism Assessment. On May 18, 1998, the Coast Guard Discussion of Comments and Changes published a notice of proposed No comments were received in Environment rulemaking entitled Drawbridge response to the notice of proposed Operation Regulations Passaic River, rulemaking and no comments were The Coast Guard considered the New Jersey, in the Federal Register (63 received in response to the environmental impact of this final rule FR 27240). The Coast Guard did not supplemental notice of proposed and concluded that, under Figure 2–1, receive any comments in response to the rulemaking. A public hearing was not paragraph 32(e), of Commandant notice of proposed rulemaking. No requested and none was held. No Instruction M16475.1C, this final rule is public hearing was request, and none changes have been made to this final categorically excluded from further was held. rule. environmental documentation because On October 29, 1998, the Coast Guard promulgation of changes to drawbridge Regulatory Evaluation published a supplemental notice of regulations have been found not to have proposed rulemaking entitled This final rule is not a significant a significant effect on the environment. Drawbridge Operation Regulations regulatory action under section 3(f) of A written ‘‘Categorical Exclusion Passaic River, New Jersey, in the Executive Order 12866 and does not Determination’’ is not required for this Federal Register (63 FR 57963). The require an assessment of potential costs final rule. Coast Guard did not receive any and benefits under section 6(a)(3) of that comments in response to the Order. It has not been reviewed by the List of Subjects in 33 CFR Part 117 supplemental notice of proposed Office of Management and Budget under Bridges. rulemaking. No public hearing was that Order. it is not significant under the requested, and none was held. regulatory policies and procedures of Regulations the Department of Transportation (DOT) Background (44 FR 11040; Feb. 26, 1979). The Coast For the reasons set out in the The Route 280 Bridge, mile 5.8, at Guard expects the economic impact of preamble, the Coast Guard amends 33 Harrison, New Jersey, has a vertical this final rule to be so minimal that a CFR part 117 as follows: 4788 Federal Register / Vol. 64, No. 20 / Monday, February 1, 1999 / Rules and Regulations

PART 117ÐDRAWBRIDGE simplify the process for deleting items also revised to update a FAR reference OPERATION REGULATIONS from FSS MAS contracts. and to delete a reference to an obsolete DATES: Effective date: February 1, 1999. cause. 1. The authority citation for part 117 Comments should be submitted in continues to read as follows: B. Executive Order 12866 writing to the address shown below on Authority: 33 U.S.C. 499; 49 CFR 1.46; 33 or before April 2, 1999. This regulatory action was not subject to Office of Management and Budget CFR 1.05–1(g); section 117.255 also issued ADDRESSES: Mail comments to General under the authority of Pub. L. 102–587, 106 review under Executive Order 12866, Services Administration, Office of Stat. 5039. dated September 30, 1993, and is not a Acquisition Policy, GSA Acquisition major rule under 5 U.S.C. 804. 2. In § 117.739, redesignate Policy Division (MVP), 1800 F Street, paragraphs (j) and (k) as paragraphs (k) NW., Room 4012, Washington, DC C. Regulatory Flexibility Act and (j); revise newly redesignated 20405. The GSA certifies that this interim paragraph (k) by removing the number FOR FURTHER INFORMATION CONTACT: rule will not have a significant ‘‘6.9’’ and adding, in its place, the Gloria Sochon, GSA Acquisition Policy economic impact on a substantial number ‘‘8.9’’; and revise paragraph (h) Division, (202) 208–6726. number of small entities within the to read as follows: SUPPLEMENTARY INFORMATION: meaning of the Regulatory Flexibility § 117.739 Passaic River. A. Background Act, 5 U.S.C. 601, et seq. The change * * * * * will benefit all FSS MAS contractors, GSA is amending the GSAR for large and small, by streamlining (h) The Route 280 Bridge, mile 5.8, at clarification and to delete unnecessary Harrison, New Jersey, shall open on administrative requirements. review requirements. GSAR 511.204 is —The change to the time for submission signal if at least 24 hours notice is given amended to clarify the applicability of by calling the number posted at the of contract close-out reports the clause at GSAR 552.211–73, eliminates a potential conflict bridge. Marking, so that deliveries are properly * * * * * between the required report date and labeled for delivery at military or the final date of performance of Dated: January 20, 1999. civilian locations. GSAR 516.505 and R.M. Larrabee, delivery orders; this avoids placing a 552.216–73 are amended to define potentially impracticable requirement Rear Admiral, U.S. Coast Guard Commander, activities authorized to place orders First Coast Guard District. on FSS contractors. under an FSS schedule contract when —Updating the definition of activities [FR Doc. 99–2346 Filed 1–29–99; 8:45 am] the contract provides that ordering authorized to place orders under FSS BILLING CODE 4910±15±M activities may place orders directly. schedule contracts is necessary to They are also amended to reflect that accurately reflect current authority schedule contracts may provide for and avoid inconsistency with other GENERAL SERVICES either or both task and delivery orders. order FSS solicitation and contract ADMINISTRATION GSAR 542.302 is amended to allow FSS terms. PCOs to authorize ACOs to issue show —Allowing FSS MAS contractors to 48 CFR Parts 511, 516, 542, and 552 cause or cure notices. This will delete items without prior approval [APD 2800.12A, CHGE 81] streamline FSS’s internal processes and will remove a burdensome and time- allow for quicker response to contractor consuming procedure that does not RIN 3090±AG81 performance problems. GSAR 552.238– have value for the Government. It 72 is amended to change the time for General Services Administration allows contractors to provide submission to contract close-out reports Acquisition Regulation; Streamlining potential customers the most current to eliminate a potential conflict between Administration of Federal Supply information on contract items. the required report date and the final Service (FSS) Multiple Award Schedule —Contractors will have the option of date of performance of delivery orders. (MAS) Contracts and Clarifying publishing supplemental price lists as GSAR 552.238–76 is amended to change Marking Requirements modifications occur or on a quarterly the reference to ‘‘maximum order limit’’ basis; letting them choose the most AGENCY: Office of Acquisition Policy, to ‘‘maximum order threshold.’’ This is efficient method based on their GSA. an administrative change to make individual circumstances. 552.238–76 consistent with Federal ACTION: Interim rule with request for D. Paperwork Reduction Act comments. Acquisition Regulation (FAR) subpart 8.4. GSAR 552.243–72 is amended to The revised clause at 552.216–73 SUMMARY: The General Services allow FSS MAS contractors to delete contains an information collection Administration Acquisition Regulation items without prior approval. This will requirement subject to the Paperwork (GSAR) is amended to clarify remove a burdensome and time- Reduction Act (44 U.S.C. 3501 et seq.). requirements for marking deliveries consuming procedure that does not have However, the revisions to the clause under contracts that provide for delivery value for the Government. GSAR made by this rule do not affect the to both civilian and military locations, 552.243–72 is also revised to give information collection requirement clarify the contracting activities that are contractors the option of publishing which was approved previously by authorized to place orders under supplemental price lists as OMB and assigned control number Federal Supply Service (FSS) contracts, modifications occur or on a quarterly 3090–0248. The revised clause at allowing Procuring Contracting Officers basis. This recognizes that many 552.238–72, Contractor’s Report of (PCOs) in FSS in authorize contractors now issue electronic notices Sales, also contains an information Administrative Contracting Officers of changes and that modifications occur collection requirement subject to the (ACOs) to issue cure or show cause with such frequency that grouping Paperwork Reduction Act. However, the notices, revise the time for submission changes to periodic updates in paper is revisions to the clause made by this rule to close-out reports under FSS multiple more efficient for both contractors and do not affect the information collection award schedule (MAS) contracts, and the Government. GSAR 552.243–72 is requirement which was approved Federal Register / Vol. 64, No. 20 / Monday, February 1, 1999 / Rules and Regulations 4789 previously by OMB and assigned List of Subjects in 48 CFR Parts 511, 552.216±73 Placement of orders. control number 3090–0121. The other 516, 542, and 552 * * * * * changes in this rule do not impose Government procurement. Alternate II (Feb. 1999). As prescribed recordkeeping or information collection Accordingly, 48 CFR is amended as in 516.505(a), substitute the following requirements, or otherwise collect follows: paragraph (a) for paragraph (a) of this information from offerors, contractors, 1. The authority citation for 48 CFR basic clause: or members of the public that require parts 511, 516, 542, and 552 continues approval of the Office of Management (a) The organizations listed below may to read as follows: place orders under this contract. Questions and Budget under 44 U.S.C. 3501 et seq. Authority: 40 U.S.C. 486(c). regarding organizations authorized to use this E. Determination To Issue an Interim schedule should be directed to the Rule PART 511ÐDESCRIBING AGENCY Contracting Officer. NEEDS (1) Executive agencies. Urgent and compelling reasons exist (2) Other Federal agencies. to promulgate this interim rule without 2. Section 511.204 is amended by (3) Mixed-ownership Government prior opportunity for public comment. revising paragraph (c) to read as follows: corporations. GSA believes this rule will provide (4) The District of Columbia. significant benefits to both the Federal 511.204 Solicitation provisions and (5) Government contractors authorized in contract clauses. government and GSA contractors: writing by a Federal agency pursuant to 48 * * * * * CFR 51.1. —The change to 511.204 clarifies the (c) The contracting officer shall (6) Other activities and organizations applicability of the clause at 552.211– include the clause at 552.211–73, authorized by statute or regulation to use 73, Marking, so that deliveries are Marking, in solicitations and contracts GSA as a source of supply. properly labeled for delivery at for supplies when deliveries may be 6. Section 552.238–72 is amended by military or civilian locations, helping made to both civilian and military to avoid delays or misdeliveries. revising the date of the clause and activities and the contract amount is paragraph (e) to read as follows: —Updating the definition of activities expected to exceed the simplified authorized to place orders under FSS acquisition threshold. 552.238±72 Contractor's report of sales. schedule contracts is necessary to * * * * * * * * * * accurately reflect current authority and avoid inconsistency with other PART 516ÐTYPES OF CONTRACTS CONTRACTOR’S REPORT OF SALES (FEB FSS solicitation and contract terms. 1999) —Allowing FSS PCOs to authorize 3. Section 516.505 is amended by * * * * * ACOs to issue show cause or cure revising paragraph (a) to read as follows: (e) The report is due 30 days following the completion of the reporting period. The notices streamlines FSS’s internal 516.505 Contract clauses. processes and allows for quicker Contractor must also provide a close-out (a) The contracting officer shall insert report within 120 days after the expiration of response to contractor performance the clause at 552.216–73. Placement of the contract. The contract expires upon problems. Orders, in solicitations and contracts for physical completion of the last, outstanding —The change to the time for submission stock or special order program items task or delivery order of the contract. The of contract close-out reports when the contract authorizes FSS and close-out report must cover all sales not eliminates a potential conflict other agencies to issue delivery orders. shown in the final quarterly report and between the required report date and reconcile all errors and credits. If the If only FSS will issue delivery orders the final date of performance of Contractor reported all contract sales and under any of its supply programs, use delivery orders; this avoids placing a reconciled all errors and credits on the final Alternate I. If a Federal Supply quarterly report, then show zero sales in the potentially impracticable requirement Schedule contract (single or multiple on FSS contractors. close-out report. award) permits other organizations to (End of Clause) —The change to allow FSS MAS issue task or delivery orders, use contractors to delete items without Alternate II. 7. Section 552.238–76 is amended by prior approval will remove a * * * * * revising the date of the clause and burdensome and time-consuming paragraph (d)(1) to read as follows: procedure that does not have value for PART 542ÐCONTRACT 552.238±76 Price reductions. the Government. Preapproval of ADMINISTRATION deletions is not necessary either for * * * * * 4. Section 542.302 is amended by ascertaining cost reasonableness or to PRICE REDUCTIONS (FEB 1999) maintain control over the contract. revising paragraph (b)(5) to read as Quicker notification of deletions will follows: * * * * * (d) * * * in fact help Federal agencies avoid 542.302 Contract administration functions. (1) To commercial customers under firm, ordering discontinued items. fixed-price definite quantity contracts with —Giving contractors the option of * * * * * (b) * * * specified delivery in excess of the maximum publishing supplemental price lists as order threshold specified in this contract; * * * * * modifications occur or on a quarterly * * * * * basis allows contractors to choose the (5) Issue cure or show cause notices 8. Section 552.243–72 is amended by most efficient method of notification (only applies to ACOs in FSS). revising the date of the clause and and reduces the filing burden on * * * * * paragraphs (b)(1) (v) and (vi), the first Government users. PART 552ÐSOLICITATION sentence of (b)(3), (c), (d) and (e) to read However, Pursuant to Pub. L. 98–577 PROVISIONS AND CONTRACT as follows: and FAR 1.501, GSA will consider CLAUSES public comments received in response 552.243±72 Modifications (Multiple Award to this interim rule in the formation of 5. Section 552.216–73 is amended by Schedule). the final rule. revising Alternate II to read as follows: * * * * * 4790 Federal Register / Vol. 64, No. 20 / Monday, February 1, 1999 / Rules and Regulations

MODIFICATIONS (MULTIPLE AWARD Dated: January 21, 1999. with the FMP appear at subpart H of 50 SCHEDULE) (FEB 1999) Ida M. Ustad, CFR part 600 and 50 CFR part 679. * * * * * Deputy Associate Administrator for In accordance with § 679.20(c)(2)(i) (b) * * * Acquisition Policy. and emergency provisions implemented (1) * * * [FR Doc. 99–1973 Filed 1–29–99; 8:45 am] at § 679.20(a)(5)(ii)(c) (64 FR 3437, (v) Production point(s) for the new item(s) January 22, 1999), NMFS established the or the item(s) under the new SIN(s) must be BILLING CODE 6820±01±M submitted if required by 52.215–6, Place of interim pollock TAC in Statistical Area Performance. 630 as 9,156 metric tons (mt). In accordance with § 679.20(d)(1)(i), (vi) Hazardous material information (if DEPARTMENT OF COMMERCE applicable) must be submitted as required by the Administrator, Alaska Region, 52.223–3 (ALT I), Hazardous Material National Oceanic and Atmospheric NMFS (Regional Administrator), has Identification and Material Safety Data. Administration determined that the interim TAC of * * * * * pollock in Statistical Area 630 will soon (3) Price Reduction, The Contractor shall 50 CFR Part 679 be reached. Therefore, the Regional indicate whether the price reduction falls Administrator is establishing a directed under item (i), (ii), or (iii) of paragraph (c)(1) [Docket No. 981222314±8321±02; I.D. fishing allowance of 8,656 mt, and is of the Price Reductions clause at 552.238–76. 012799A] setting aside the remaining 500 mt as *** (c) Effective Dates. The effective date of bycatch to support other anticipated Fisheries of the Exclusive Economic groundfish fisheries. In accordance with any modification is the date specified in the Zone Off Alaska; Pollock in Statistical modification, except as otherwise provided § 679.20(d)(1)(iii), the Regional in the Price Reductions clause at 552.238–76. Area 630 of the Gulf of Alaska Administrator finds that this directed (d) Electronic File Updates. The Contractor AGENCY: National Marine Fisheries fishing allowance will soon be reached. shall update electronic file submissions to NMFS is prohibiting directed fishing for reflect all modifications. For additional items Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), pollock in Statistical Area 630 of the or SINs, the Contractor shall obtain the GOA. contracting officer’s approval before Commerce. Maximum retainable bycatch amounts transmitting changes. Contract modifications ACTION: Closure. will not be made effective until the may be found in the regulations at Government receives the electronic file SUMMARY: NMFS is prohibiting directed § 679.20(e) and (f). updates. The Contractor may transmit price fishing for pollock in Statistical Area Classification reductions, item deletions, and corrections 630 of the Gulf of Alaska (GOA). This without prior approval. However, the action is necessary to prevent exceeding This action responds to the best Contractor shall notify the contracting officer available information recently obtained as set forth in the Price Reductions clause at the interim 1999 pollock total allowable catch (TAC) for Statistical Area 630 from the fishery. It must be 552.238–76. implemented immediately to prevent (e) Amendments to Paper Federal Supply established by the 1999 Interim Schedule Price Lists. Specifications and amended by the overharvesting the seasonal allocation of (1) The Contractor must provide emergency interim rule implementing pollock in Statistical Areas 630. supplements to its paper price lists, reflecting Steller sea lion protection measures for Providing prior notice and an the most current changes. The Contractor the pollock fisheries off Alaska. opportunity for public comment is may either: impracticable and contrary to the public DATES: Effective 1200 hrs, Alaska local (i) Distribute a supplemental paper Federal interest. Further delay would only result time (A.l.t.), January 27, 1999, until Supply Schedule Price List within 15 days in overharvest. NMFS finds for good superseded by the Final 1999 Harvest after the effective date of each modification. cause that the implementation of this (ii) Distribute cumulative supplements. Specification for Groundfish, which will action should not be delayed for 30 The period covered by a cumulative be published in the Federal Register. supplement is at the discretion of the days. Accordingly, under 5 U.S.C. FOR FURTHER INFORMATION CONTACT: Nick Contractor, but may not exceed three months 553(d), a delay in the effective date is from the effective date of the earliest Hindman, 907–581–2062. hereby waived. modification. The Contractor must distribute SUPPLEMENTARY INFORMATION: NMFS This action is required by § 679.20 a cumulative supplement within 15 days manages the groundfish fishery in the and is exempt from review under E.O. from the date of the latest modification GOA exclusive economic zone 12866. covered. according to the Fishery Management Authority: 16 U.S.C. 1801 et seq. (2) At a minimum, the Contractor shall Plan for Groundfish of the Gulf of distribute each supplement to those ordering Dated: January 27, 1999. activities that previously received the basic Alaska (FMP) prepared by the North Gary C. Matlock, Ph.D., document. In addition, the Contractor shall Pacific Fishery Management Council submit two copies of each supplement to the under authority of the Magnuson- Director, Office of Sustainable Fisheries, contracting officer and one copy to the FSS Stevens Fishery Conservation and National Marine Fisheries Service. Schedule Information Center. Management Act. Regulations governing [FR Doc. 99–2327 Filed 1–27–99; 1:54 pm] (End of Clause) fishing by U.S. vessels in accordance BILLING CODE 3510±22±F 4791

Proposed Rules Federal Register Vol. 64, No. 20

Monday, February 1, 1999

This section of the FEDERAL REGISTER p.m., Monday through Friday, except 98–NM–273–AD, 1601 Lind Avenue, contains notices to the public of the proposed Federal holidays. SW., Renton, Washington 98055–4056. issuance of rules and regulations. The The service information referenced in Discussion purpose of these notices is to give interested the proposed rule may be obtained from persons an opportunity to participate in the Boeing Commercial Airplane Group, On June 25, 1993, the FAA issued AD rule making prior to the adoption of the final 93–13–02, amendment 39–8615 (58 FR rules. P.O. Box 3707, Seattle, Washington 98124–2207. This information may be 36863, July 9, 1993), applicable to all examined at the FAA, Transport Boeing Model 737–200C series DEPARTMENT OF TRANSPORTATION Airplane Directorate, 1601 Lind airplanes, to require a one-time external Avenue, SW., Renton, Washington. detailed visual inspection to detect Federal Aviation Administration FOR FURTHER INFORMATION CONTACT: cracks of the fuselage skin in the lower Nenita Odesa, Aerospace Engineer, lobe cargo compartment; repetitive 14 CFR Part 39 Airframe Branch, ANM–120S, FAA, internal detailed visual inspections to Transport Airplane Directorate, Seattle detect cracks of the frames in the lower [Docket No. 98±NM±273±AD] lobe cargo compartment; and repair of Aircraft Certification Office, 1601 Lind cracked parts. That AD also provides for Avenue, SW., Renton, Washington RIN 2120±AA64 an optional preventative modification 98055–4056; telephone (425) 227–2557; that constitutes terminating action for Airworthiness Directives; Boeing fax (425) 227–1181. Model 737±200C Series Airplanes the repetitive inspections. That action SUPPLEMENTARY INFORMATION: was prompted by reports of cracking in AGENCY: Federal Aviation Comments Invited the body frames between stringers 19 Administration, DOT. left and 25 left and at body stations 360 Interested persons are invited to to 500B. The requirements of that AD ACTION: Notice of proposed rulemaking participate in the making of the (NPRM). are intended to prevent a cargo door proposed rule by submitting such from opening while the airplane is in written data, views, or arguments as SUMMARY: This document proposes the flight, which could result in rapid supersedure of an existing airworthiness they may desire. Communications shall decompression of the airplane. identify the Rules Docket number and directive (AD), applicable to all Boeing Actions Since Issuance of Previous Rule Model 737–200C series airplanes, that be submitted in triplicate to the address currently requires a one-time external specified above. All communications When AD 93–13–02 was issued, it detailed visual inspection to detect received on or before the closing date contained a provision for an optional cracks of the fuselage skin in the lower for comments, specified above, will be preventative modification that involves lobe cargo compartment; repetitive considered before taking action on the installation of doublers on the frames internal detailed visual inspections to proposed rule. The proposals contained located between stringers 19 left and 25 detect cracks of the frames in the lower in this notice may be changed in light left and at body stations 360 to 500B, lobe cargo compartment; and repair of of the comments received. which, if accomplished, constitutes cracked parts. That AD also provides for Comments are specifically invited on terminating action for the required an optional preventative modification the overall regulatory, economic, repetitive inspections. This action that constitutes terminating action for environmental, and energy aspects of proposes to require accomplishment of the repetitive inspections. This action the proposed rule. All comments the previously optional terminating would require accomplishment of the submitted will be available, both before modification in accordance with Boeing and after the closing date for comments, previously optional terminating Service Bulletin 737–53A1160, Revision modification. This proposal is prompted in the Rules Docket for examination by 1, dated April 29, 1993. (That service by reports of cracking in the body interested persons. A report bulletin was referenced as the frames between stringers 19 left and 25 summarizing each FAA-public contact appropriate source of service left and at body stations 360 to 500B. concerned with the substance of this information in AD 93–13–02 for The actions specified by the proposed proposal will be filed in the Rules accomplishment of the modification.) AD are intended to prevent opening or Docket. Commenters wishing the FAA to Explanation of Requirements of loss of the cargo door during flight, and acknowledge receipt of their comments Proposed Rule consequent rapid decompression of the submitted in response to this notice Since an unsafe condition has been airplane. must submit a self-addressed, stamped identified that is likely to exist or DATES: Comments must be received by postcard on which the following develop on other products of this same March 18, 1999. statement is made: ‘‘Comments to type design, the proposed AD would ADDRESSES: Submit comments in Docket Number 98–NM–273–AD.’’ The supersede AD 93–13–02 to continue to triplicate to the Federal Aviation postcard will be date stamped and require a one-time external detailed Administration (FAA), Transport returned to the commenter. visual inspection to detect cracks of the Airplane Directorate, ANM–114, fuselage skin in the lower lobe cargo Attention: Rules Docket No. 98–NM– Availability of NPRMs compartment; repetitive internal 273–AD, 1601 Lind Avenue, SW., Any person may obtain a copy of this detailed visual inspections to detect Renton, Washington 98055–4056. NPRM by submitting a request to the cracks of the frames in the lower lobe Comments may be inspected at this FAA, Transport Airplane Directorate, cargo compartment; and repair of location between 9:00 a.m. and 3:00 ANM–114, Attention: Rules Docket No. cracked parts. In addition, the proposed 4792 Federal Register / Vol. 64, No. 20 / Monday, February 1, 1999 / Proposed Rules

AD would require accomplishment of on the States, on the relationship the effect of the modification, alteration, or the previously optional terminating between the national government and repair on the unsafe condition addressed by modification. the States, or on the distribution of this AD; and, if the unsafe condition has not power and responsibilities among the been eliminated, the request should include Differences Between Proposed Rule and specific proposed actions to address it. various levels of government. Therefore, Service Bulletin in accordance with Executive Order Compliance: Required as indicated, unless Operators should note that this AD accomplished previously. 12612, it is determined that this To prevent opening or loss of the cargo proposes to require the modification of proposal would not have sufficient door during flight, and consequent rapid certain fuselage frames, as described in federalism implications to warrant the decompression of the airplane, accomplish Boeing Service Bulletin 737–53A1160, preparation of a Federalism Assessment. the following: Revision 1, as terminating action for the For the reasons discussed above, I repetitive inspections. Incorporation of Restatement of Requirements of AD 93–13– certify that this proposed regulation (1) 02 this modification was classified as is not a ‘‘significant regulatory action’’ optional in that service bulletin. under Executive Order 12866; (2) is not (a) Prior to the accumulation of 29,000 The FAA has determined that long- flight cycles or within 250 flight cycles after a ‘‘significant rule’’ under the DOT August 9, 1993 (the effective date AD 93–13– term continued operational safety will Regulatory Policies and Procedures (44 02, amendment 39–8615), whichever occurs be better assured by design changes to FR 11034, February 26, 1979); and (3) if later, accomplish an external detailed visual remove the source of the problem, rather promulgated, will not have a significant inspection to detect cracks of the fuselage than by repetitive inspections. Long- economic impact, positive or negative, skin between stringers 19 left and 25 left and term inspections may not be providing on a substantial number of small entities at body stations 360 to 540, in accordance the degree of safety assurance necessary under the criteria of the Regulatory with Boeing Alert Service Bulletin 737– for the transport airplane fleet. This, Flexibility Act. A copy of the draft 53A1160, dated October 24, 1991; or Boeing Service Bulletin 737–53A1160, Revision 1, coupled with a better understanding of regulatory evaluation prepared for this the human factors associated with dated April 29, 1993. If any crack is found, action is contained in the Rules Docket. prior to further flight, accomplish the numerous continual inspections, has led A copy of it may be obtained by requirements of paragraphs (a)(1) and (a)(2) the FAA to consider placing less contacting the Rules Docket at the of this AD. emphasis on inspections and more location provided under the caption (1) Perform an internal detailed visual emphasis on design improvements. The ADDRESSES. inspection to detect cracks of the frames proposed modification requirement is in between stringers 19 left and 25 left and at consonance with these conditions. List of Subjects in 14 CFR Part 39 body stations 360 to 500B, in accordance Air transportation, Aircraft, Aviation with either service bulletin. Cost Impact safety, Safety. (2) Repair all cracks in accordance with a There are approximately 90 airplanes method approved by the Manager, Seattle of the affected design in the worldwide The Proposed Amendment Aircraft Certification Office (ACO), FAA, Transport Airplane Directorate. fleet. The FAA estimates that 18 Accordingly, pursuant to the (b) Within 3,000 flight cycles after airplanes of U.S. registry would be authority delegated to me by the completing the requirements of paragraph (a) affected by this proposed AD. Administrator, the Federal Aviation of this AD, unless accomplished within the The inspections that are currently Administration proposes to amend part last 6,000 flight cycles prior to August 9, required by AD 93–13–02, and retained 39 of the Federal Aviation Regulations 1993, perform an internal detailed visual in this proposed AD, take approximately (14 CFR part 39) as follows: inspection to detect cracks of the frames 12 work hours per airplane to between stringers 19 left and 25 left and at accomplish, at an average labor rate of PART 39ÐAIRWORTHINESS body stations 360 to 500B, in accordance $60 per work hour. Based on these DIRECTIVES with Boeing Alert Service Bulletin 737– figures, the cost impact of the currently 53A1160, dated October 24, 1991; or Boeing 1. The authority citation for part 39 Service Bulletin 737–53A1160, Revision 1, required inspections on U.S. operators continues to read as follows: dated April 29, 1993. Thereafter, repeat the is estimated to be $12,960, or $720 per internal detailed visual inspection at Authority: 49 U.S.C. 106(g), 40113, 44701. airplane, per inspection cycle. intervals not to exceed 9,000 flight cycles. If The new modification that is § 39.13 [Amended] any crack is found, prior to further flight, proposed in this AD action would take accomplish the requirements of paragraph 2. Section 39.13 is amended by approximately 160 work hours per (b)(1) or (b)(2) of this AD, as applicable. airplane to accomplish, at an average removing amendment 39–8615 (58 FR (1) If any crack is found that does not labor rate of $60 per work hour. 36863, July 9, 1993), and by adding a exceed the limits specified in the Boeing 737 Required parts would cost new airworthiness directive (AD), to Structural Repair Manual (SRM), repair the approximately $5,500 per airplane. read as follows: crack in accordance with the Boeing 737 SRM. Repeat the internal detailed visual Boeing: Docket 98–NM–273–AD. Supersedes Based on these figures, the cost impact inspection thereafter at intervals not to AD 93–13–02, Amendment 39–8615. of the modification proposed by this AD exceed 9,000 flight cycles. on U.S. operators is estimated to be Applicability: All Model 737–200C series (2) If any crack is found that exceeds the $271,800, or $15,100 per airplane. airplanes, certificated in any category. limits specified in the Boeing 737 SRM, The cost impact figures discussed Note 1: This AD applies to each airplane repair the crack in accordance with a method above are based on assumptions that no identified in the preceding applicability approved by the Manager, Seattle ACO. operator has yet accomplished any of provision, regardless of whether it has been Repeat the internal detailed visual inspection the current or proposed requirements of modified, altered, or repaired in the area thereafter at intervals not to exceed 9,000 this AD action, and that no operator subject to the requirements of this AD. For flight cycles. airplanes that have been modified, altered, or would accomplish those actions in the repaired so that the performance of the New Requirements of This AD future if this AD were not adopted. requirements of this AD is affected, the (c) Prior to the accumulation of 75,000 total Regulatory Impact owner/operator must request approval for an flight cycles, or within 3,000 flight cycles alternative method of compliance in after the effective date of this AD, whichever The regulations proposed herein accordance with paragraph (d)(1) of this AD. occurs later, install doublers on the frames would not have substantial direct effects The request should include an assessment of located between stringers 19 left and 25 left Federal Register / Vol. 64, No. 20 / Monday, February 1, 1999 / Proposed Rules 4793 and at body stations 360 to 500B, in airspace for Instrument Flight Rules examination in the Operations Branch, accordance with Boeing Service Bulletin (IFR) and Special Visual Flight Rules Air Traffic Division, Federal Aviation 737–53A1160, Revision 1, dated April 29, (VFR) operations at Eielson AFB, AK. Administration, 222 West 7th Avenue, 1993. Accomplishment of this modification Box 14, Anchorage, AK, both before and constitutes terminating action for the DATES: Comments must be received on requirements of this AD. or before March 18, 1999. after the closing date for comments. A (d)(1) An alternative method of compliance ADDRESSES: Send comments on the report summarizing each substantive or adjustment of the compliance time that proposal in triplicate to: Manager, public contact with FAA personnel provides an acceptable level of safety may be Operations Branch, AAL–530, Docket concerned with this rulemaking will be used if approved by the Manager, Seattle No. 99–AAL–1, Federal Aviation filed in the docket. ACO. Operators shall submit their requests through an appropriate FAA Principal Administration, 222 West 7th Avenue, Availability of NPRM’s Box 14, Anchorage, AK 99513–7587. Maintenance Inspector, who may add Any person may obtain a copy of this The official docket may be examined comments and then send it to the Manager, Notice of Proposed Rulemaking (NPRM) in the Office of the Regional Counsel for Seattle ACO. by submitting a request to the (d)(2) Alternative methods of compliance the Alaskan Region at the same address. approved previously in accordance with AD An informal docket may also be Operations Branch, AAL–530, Federal 93–13–02, amendment 39–8615, are examined during normal business hours Aviation Administration, 222 West 7th approved as alternative methods of in the Office of the Manager, Operations Avenue, Box 14, Anchorage, AK 99513– 7587. Communications must identify compliance with this AD. Branch, Air Traffic Division, at the the notice number of this NPRM. Note 2: Information concerning the address shown above and on the Persons interested in being placed on a existence of approved alternative methods of Internet at Alaskan Region’s homepage compliance with this AD, if any, may be mailing list for future NPRM’s should at http://www.alaska.faa.gov/at or at obtained from the Seattle ACO. also request a copy of Advisory Circular address http://162.58.28.41/at. (e) Special flight permits may be issued in No. 11–2A which describes the accordance with sections 21.197 and 21.199 FOR FURTHER INFORMATION CONTACT: application procedure. of the Federal Aviation Regulations (14 CFR Derril Bergt, Operations Branch, AAL– Internet users may reach the Federal 21.197 and 21.199) to operate the airplane to 535, Federal Aviation Administration, Register’s web page for access to a location where the requirements of this AD 222 West 7th Avenue, Box 14, recently published rulemaking can be accomplished. Anchorage, AK 99513–7587; telephone documents at http://www. Issued in Renton, Washington, on January number (907) 271–2796; fax: (907) 271– access.gpo.gov/suldocs/aces/aces 26, 1999. 2850; email: [email protected]. 140.html. Darrell M. Pederson, Internet address: http:// An electronic copy of this document Acting Manager, Transport Airplane www.alaska.faa.gov/at or at address may be downloaded, using a modem Directorate, Aircraft Certification Service. http://162.58.28.41/at. and suitable communications software, [FR Doc. 99–2271 Filed 1–29–99; 8:45 am] SUPPLEMENTARY INFORMATION: from the FAA regulations section of the BILLING CODE 4910±13±P Fedworld electronic bulletin board Comments Invited service (telephone: 703–321–3339) or Interested parties are invited to the Federal Register’s electronic DEPARTMENT OF TRANSPORTATION participate in this proposed rulemaking bulleting board service (telephone: 202– by submitting such written data, views, 512–1661). Federal Aviation Administration or arguments as they may desire. The Proposal 14 CFR Part 71 Comments that provide the factual basis supporting the views and suggestions The FAA proposes to amend 14 CFR [Airspace Docket No. 99±AAL±1] presented are particularly helpful in part 71 by revising the Class D airspace developing reasoned regulatory operational times at Eielson AFB, AK, Proposed Revision of Class D decisions on the proposal. Comments due to a critical ATC controller Airspace; Fairbanks, Eielson Air Force are specifically invited on the overall shortage. Currently, the Class D airspace Base (AFB), AK; Proposed Revision regulatory, aeronautical, economic, is operational 24 hours a day, seven and Establishment of Class E environmental, and energy-related days a week. This action proposes to Airspace; Fairbanks, Eielson AFB, AK aspects of the proposal. decrease the physical dimensions of the AGENCY: Federal Aviation Communications should identify the Class D airspace from a 5.2 mile radius Administration (FAA), DOT. airspace docket number and be to a 4.7 mile radius. The following ACTION: Notice of proposed rulemaking. submitted in triplicate to the address phraseology would be added to the end listed above. Commenters wishing the of the Class D airspace description: SUMMARY: This action proposes to revise FAA to acknowledge receipt of their ‘‘This Class D airspace area is effective Class D airspace operational times, comments on this notice must submit during the specific dates and times revise current Class E airspace, and with those comments a self-addressed, established in advance by a Notice to establish additional Class E airspace at stamped postcard on which the Airmen. The effective date and time will Eielson AFB, AK. The United States Air following statement is made: thereafter be continuously published in Force (USAF) has requested this action ‘‘Comments to Airspace Docket No. 99– the Airport/Facility Directory.’’ This in response to a critical Air Traffic AAL–1.’’ The postcard will be date/time action would allow part time operation Control (ATC) controller shortage stamped and returned to the of the Airport Traffic Control Tower throughout the USAF and an airspace commenter. All communications (ATCT) at Eielson AFB, AK. The USAF review after redesigning their received on or before the specified has proposed the Eielson AFB tower be instrument approaches. Adoption of this closing date for comments will be closed between 2300 and 0700 (local proposal would result in the provision considered before taking action on the times). During this closure, the Class D of a part time operation of the Class D proposed rule. The proposal contained airspace would convert to Class E airspace; revision of the current Class E in this notice may be changed in light airspace which this proposal is airspace; and when the tower is closed, of comments received. All comments establishing for IFR and Special VFR establishment of additional Class E submitted will be available for operations. The existing Class E airspace 4794 Federal Register / Vol. 64, No. 20 / Monday, February 1, 1999 / Proposed Rules would be revised to eliminate The Proposed Amendment Issued in Anchorage, AK, on January 22, extensions and would result in a single 1999. 7.2 mile radius circle of Eielson AFB. In consideration of the foregoing, the Willis C. Nelson, Federal Aviation Administration The Eielson AFB mission has changed Manager, Air Traffic Division, Alaskan proposes to amend 14 CFR part 71 as Region. in recent years. Present flight operations follows: rarely exceed 16 hours per day, and [FR Doc. 99–2338 Filed 1–29–99; 8:45 am] quiet hours are in effect from 2200 to PART 71ÐDESIGNATION OF CLASS A, BILLING CODE 4910±13±P 0700 local times. Less than one percent CLASS B, CLASS C, CLASS D, AND of annual flight traffic occurs during the CLASS E AIRSPACE AREAS; DEPARTMENT OF TRANSPORTATION proposed closure times. Eielson AFB AIRWAYS; ROUTES; AND REPORTING base operations and the runway will POINTS Federal Aviation Administration remain a 24-hour facility. Eielson Tower will retain sufficient personnel to revert 1. The authority citation for 14 CFR 14 CFR Part 71 to 24-hour operations in the event of a part 71 continues to read as follows: contingency. Air traffic controllers will Authority: 49 U.S.C. 106(g), 40103, 40113, [Airspace Docket No. 99±AGL±1] be on a standby schedule to provide on- 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– call services to North American Defense 1963 Comp., p. 389. Proposed Modification of the Legal (NORAD) missions, approved arrivals Description of the Class E Airspace; and departures, and emergency diverts. § 71.1 [Amended] Sault Ste Marie, ON The USAF intends to meet all criteria to 2. The incorporation by reference in remain a viable alternate airport. AGENCY: Federal Aviation 14 CFR 71.1 of Federal Aviation Administration (FAA), DOT. The area would be depicted on Administration Order 7400.9F, Airspace aeronautical charts for pilot reference. Designations and Reporting Points, ACTION: Notice of proposed rulemaking. The coordinates for this airspace docket dated September 10, 1998, and effective are based on North American Datum 83. September 16, 1998, is to be amended SUMMARY: This notice proposes to The Class D airspace areas are published as follows: modify the legal description Class E in paragraph 5000, Class E airspace airspace at Sault Ste Marie, ON. The areas designated as a surface area are Paragraph 5000 Class D Airspace airspace description for the Sault Ste published in paragraph 6002, and Class * * * * * Marie Airport, ON, Canada, incorrectly E airspace areas extending upward from AAL AK D Fairbanks, Eielson AFB, AK describes the northwest extension of the 700 feet or more above the surface of the [Revised] controlled airspace as the northeast extension. Controlled airspace earth are published in paragraph 6005 Fairbanks, Eielson AFB, AK in FAA Order 7400.9F, Airspace (Lat. 64°39′56′′ N., long. 147°06′05′′ W.) extending upward from the surface is Designations and Reporting Points, needed to contain aircraft executing That airspace extending upward from the dated September 10, 1998, and effective surface to and including 3,000 feet MSL instrument approach procedures. This September 16, 1998, which is within a 4.7-mile radius of Eielson AFB. This action proposes to correct the legal incorporated by reference in 14 CFR Class D airspace area is effective during the description of the existing controlled 71.1 (63 FR 50139; September 21, 1998). specific dates and times established in airspace for this airport in order to The Class D and Class E airspace listed advance by a Notice to Airmen. The effective eliminate confusion regarding the actual in this document would be revised and date and time will thereafter be continuously configuration of the airspace. published in the Order. published in the Airport/Facility Directory. DATES: Comments must be received on The FAA has determined that these * * * * * or before March 15, 1999. proposed regulations only involve an Paragraph 6002 Class E airspace designated ADDRESSES: Send comments on the established body of technical as surface areas. proposal in triplicate to: Federal regulations for which frequent and * * * * * Aviation Administration, Office of the routine amendments are necessary to Assistant Chief Counsel, AGL–7, Rules keep them operationally current. It, AAL AK E2 Fairbanks, Eielson AFB, AK [New] Docket No. 99–AGL–1, 2300 East Devon therefore —(1) is not a ‘‘significant Avenue, Des Plaines, Illinois 60018. regulatory action’’ under Executive Fairbanks, Eielson AFB, AK The official docket may be examined Order 12866; (2) is not a ‘‘significant (Lat. 64°39′56′′ N., long. 147°06′05′′ W.) in the Office of the Assistant Chief rule’’ under DOT Regulatory Policies That airspace extending upward from the Counsel, Federal Aviation and Procedures (44 FR 11034; February surface to and including 3,000 feet MSL Administration, 2300 East Devon 26, 1979); and (3) does not warrant within a 4.7-mile radius of Eielson AFB. Avenue, Des Plaines, Illinois. An preparation of a regulatory evaluation as * * * * * informal docket may also be examined the anticipated impact is so minimal. during normal business hours at the Air Since this is a routine matter that will Paragraph 6005 Class E airspace areas extending upward from 700 feet or more Traffic Division, Airspace Branch, only affect air traffic procedures and air above the surface of the earth. Federal Aviation Administration, 2300 navigation, it is certified that this rule, East Devon Avenue, Des Plaines, when promulgated, will not have a * * * * * Illinois. significant economic impact on a AAL AK E5 Fairbanks, Eielson AFB, AK substantial number of small entities [Revised] FOR FURTHER INFORMATION CONTACT: under the criteria of the Regulatory Fairbanks, Eielson AFB, AK Michelle M. Behm, Air Traffic Division, Flexibility Act. (Lat. 64°39′56′′ N., long. 147°06′05′′ W.) Airspace Branch, AGL–520, Federal Aviation Administration, 2300 East List of Subjects in 14 CFR Part 71 That airspace extending upward from 700 feet above the surface within a 7.2-mile Devon Avenue, Des Plaines, Illinois Airspace, Incorporation by reference, radius of Eielson AFB. 60018, telephone (847) 294–7568. Navigation (air). * * * * * SUPPLEMENTARY INFORMATION: Federal Register / Vol. 64, No. 20 / Monday, February 1, 1999 / Proposed Rules 4795

Comments Invited airspace. Controlled airspace extending Paragraph 6004 Class E airspace areas upward from the surface is needed to designated as an extension to a Class D Interested parties are invited to airspace area. participate in this proposed rulemaking contain aircraft executing instrument * * * * * by submitting such written data, views, approach procedures. The area would or arguments as they may desire. be depicted on appropriate aeronautical AGL ON E4 Sault Ste Marie, ON [Revised] charts. Class E airspace designated as an Comments that provide the factual basis Sault Ste Marie Airport, ON, Canada supporting the views and suggestions extension to a Class D surface area are (Lat. 46°29′06′′ N., long. 84°30′34′′ W.) published in paragraph 6004 of FAA presented are particularly helpful in That airspace in the United States developing reasoned regulatory Order 7400.9E dated September 10, extending upward from the surface within decisions on the proposal. Comments 1997, and effective September 16, 1997, 1.6 miles north of the 108° bearing from the are specifically invited on the overall which is incorporated by reference in 14 airport extending from the 4.4-mile radius of regulatory, aeronautical, economic, CFR 71.1. The Class E airspace Sault Ste Marie Airport to 4.8 miles southeast environmental, and energy-related designation listed in this document of the airport, and within 1.6 miles each side would be published subsequently in the of the 118° bearing from the airport extending aspects of the proposal. from the 4.4-mile radius to 9.6 miles Communications should identify the Order. The FAA has determined that this southeast of the airport, and within 1.6 miles airspace docket number and be ° proposed regulation only involves an each side of the 293 bearing from the airport submitted in triplicate to the address extending from the 4.4-mile radius to 4.8 established body of technical listed above. Commenters wishing the miles northwest of the airport. FAA to acknowledge receipt of their regulations for which frequent and routine amendments are necessary to * * * * * comments on this notice must submit Issued in Des Plaines, Illinois on January keep them operationally current. with those comments a self-addressed, 14, 1999. Therefore this, proposed regulation—(1) stamped postcard on which the John A. Clayborn, is not a ‘‘significant regulatory action’’ following statement is made: Acting Manager, Air Traffic Division. ‘‘Comments to Airspace Docket No. 99– under Executive Order 12866; (2) is not a ‘‘significant rule’’ under DOT [FR Doc. 99–2342 Filed 1–29–99; 8:45 am] AGL–1.’’ The postcard will be date/time BILLING CODE 4910±13±M stamped and returned to the Regulatory Policies and Procedures (44 commenter. All communications FR 11034; February 26, 1979); and (3) does not warrant preparation of a received on or before the specified DEPARTMENT OF TRANSPORTATION closing date for comments will be Regulatory Evaluation as the anticipated considered before taking action on the impact is so minimal. Since this is a Federal Aviation Administration proposed rule. The proposal contained routine matter that will only affect air in this notice may be changed in light traffic procedures and air navigation, it 14 CFR Part 71 is certified that this proposed rule will of comments received. All comments [Airspace Docket No. 98±AGL±81] submitted will be available for not have a significant economic impact on a substantial number of small entities examination in the Rules Docket, FAA, Proposed Modification of Class E under the criteria of the Regulatory Great Lakes Region, Office of the Airspace; Pontiac, IL Assistant Chief Counsel, 2300 East Flexibility Act. AGENCY: Devon Avenue, Des Plaines, Illinois, List of Subjects in 14 CFR Part 71 Federal Aviation both before and after the closing date for Administration (FAA), DOT. Airspace, Incorporation by reference, comments. A report summarizing each ACTION: Notice of proposed rulemaking. Navigation (air). substantive public contact with FAA SUMMARY: This notice proposes to personnel concerned with this The Proposed Amendment modify Class E airspace at Pontiac, IL. rulemaking will be filed in the docket. Accordingly, pursuant to the A Global Positioning System (GPS) Availability of NPRM’s authority delegated to me, the Federal Standard Instrument Approach Aviation Administration proposes to Procedure (SIAP) to Runway (Rwy) 24, Any person may obtain a copy of this amend 14 CFR part 71 as follows: Notice of Proposed Rulemaking (NPRM) has been developed for Pontiac Municipal Airport. Controlled airspace by submitting a request to the Federal PART 71ÐDESIGNATION OF CLASS A, Aviation Administration, Office of extending upward from 700 to 1200 feet CLASS B, CLASS C, CLASS D, AND above ground level (AGL) is needed to Public Affairs, Attention: Public Inquiry CLASS E AIRSPACE AREAS; Center, APA–230, 800 Independence contain aircraft executing the approach. AIRWAYS; ROUTES; AND REPORTING This action proposes to increase the Avenue, SW, Washington, DC 20591, or POINTS by calling (202) 267–3484. radius of the existing controlled Communications must identify the 1. The authority citation for part 71 airspace for this airport. notice number of this NPRM. Persons continues to read as follows: DATES: Comments must be received on interested in being placed on a mailing Authority: 49 U.S.C. 106(g), 40103, 40113, or before March 15, 1999. list for future NPRM’s should also 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– ADDRESSES: Send comments on the request a copy of Advisory Circular No. 1963 Comp., p. 389. proposal in triplicate to: Federal 11–2A, which described the application Aviation Administration, Office of the § 71.1 [Amended] procedure. Assistant Chief Counsel, AGL–7, Rules 2. The incorporation by reference in Docket No. 98–AGL–81, 2300 East The Proposal 14 CFR 71.1 of the Federal Aviation Devon Avenue, Des Plaines, Illinois The FAA is considering an Administration Order 7400.9E, Airspace 60018. amendment to 14 CFR part 71 to modify Designations and Reporting Points, The official docket may be examined the legal description of the Class E dated September 10, 1997, and effective in the Office of the Assistant Chief airspace at Sault Ste Marie, ON, to September 16, 1997, is amended as Counsel, Federal Aviation correctly identify the northwest follows: Administration, 2300 East Devon extension of the existing controlled * * * * * Avenue, Des Plaines, Illinois. An 4796 Federal Register / Vol. 64, No. 20 / Monday, February 1, 1999 / Proposed Rules informal docket may also be examined notice number of this NPRM. Persons PART 71ÐDESIGNATION OF CLASS A, during normal business hours at the Air interested in being placed on a mailing CLASS B, CLASS C, CLASS D, AND Traffic Division, Airspace Branch, list for future NPRM’s should also CLASS E AIRSPACE AREAS; Federal Aviation Administration, 2300 request a copy of Advisory Circular No. AIRWAYS; ROUTES; AND REPORTING East Devon Avenue, Des Plaines, 11–2A, which describes the application POINTS Illinois. procedure. 1. The authority citation for part 71 FOR FURTHER INFORMATION CONTACT: continues to read as follows: Michelle M. Behm, Air Traffic Division, The Proposal Authority: 49 U.S.C. 106(g), 40103, 40113, Airspace Branch, AGL–520, Federal The FAA is considering an Aviation Administration, 2300 East 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– amendment to 14 CFR part 71 to modify 1963 Comp., p. 389. Devon Avenue, Des Plaines, Illinois Class E airspace at Pontiac, IL, to 60018, telephone (847) 294–7568. accommodate aircraft executing the § 71.1 [Amended] SUPPLEMENTARY INFORMATION: proposed GPS Rwy 24 SIAP, at Pontiac 2. The incorporation by reference in Comments Invited Municipal Airport by modifying the 14 CFR 71.1 of the Federal Aviation existing controlled airspace. Controlled Administration Order 7400.9E, Airspace Interested parties are invited to airspace extending upward from 700 to Designations and Reporting Points, participate in this proposed rulemaking 1200 feet AGL is needed to contain dated September 10, 1997, and effective by submitting such written data, views, aircraft executing the approaches. The September 16, 1997, is amended as or arguments as they may desire. follows: Comments that provide the factual basis area would be depicted on appropriate * * * * * supporting the views and suggestions aeronautical charts. Class E airspace presented are particularly helpful in designations for airspace areas Paragraph 6005 Class E airspace areas developing reasoned regulatory extending upward from 700 feet or more extending upward from 700 feet or more decisions on the proposal. Comments above the surface of the earth are above the surface of the earth. are specifically invited on the overall published in paragraph 6005 of FAA * * * * * Order 7400.9E dated September 10, regulatory, aeronautical, economic, AGL IL E5 Pontiac, IL [Revised] environmental, and energy-related 1997, and effective September 16, 1997, which is incorporated by reference in 14 Pontiac Municipal Airport, IL aspects of the proposal. (Lat. 40°55′25′′ N., long. 88°37′32′′ W.) Communications should identify the CFR 71.1. The Class E airspace That airspace extending upward from 700 airspace docket number and be designation listed in this document feet above the surface within an 7.2-mile submitted in triplicate to the address would be published subsequently in the radius of the Pontiac Municipal Airport. listed above. Commenters wishing the Order. * * * * * FAA to acknowledge receipt of their The FAA has determined that this Issued in Des Plaines, Illinois on January comments on this notice must submit proposed regulation only involves an 14, 1999. with those comments a self-addressed, established body of technical John A. Clayborn, stamped postcard on which the regulations for which frequent and Acting Manager, Air Traffic Division. following statement is made: ‘‘Comments to Airspace Docket No. 98– routine amendments are necessary to [FR Doc. 99–2341 Filed 1–29–99; 8:45 am] AGL–81.’’ The postcard will be date/ keep them operationally current. BILLING CODE 4910±13±M time stamped and returned to the Therefore this proposed regulation—(1) commenter. All communications is not a ‘‘significant regulatory action’’ DEPARTMENT OF TRANSPORTATION received on or before the specified under Executive Order 12866; (2) is not a ‘‘significant rule’’ under DOT closing date for comments will be Federal Aviation Administration considered before taking action on the Regulatory Policies and Procedures (44 proposed rule. The proposal contained FR 11034; February 26, 1979); and (3) 14 CFR Part 71 in this notice may be changed in light does not warrant preparation of a of comments received. All comments Regulatory Evaluation as the anticipated [Airspace Docket No. 99±AGL±3] submitted will be available for impact is so minimal. Since this is a Proposed Modification of Class E examination in the Rules Docket, FAA, routine matter that will only affect air Airspace; Auburn, IN Great Lakes Region, Office of the traffic procedures and air navigation, it Assistant Chief Counsel, 2300 East is certified that this proposed rule will AGENCY: Federal Aviation Devon Avenue, Des Plaines, Illinois, not have a significant economic impact Administration (FAA), DOT. both before and after the closing date for on a substantial number of small entities ACTION: Notice of proposed rulemaking. comments. A report summarizing each under the criteria of the Regulatory substantive public contact with FAA Flexibility Act. SUMMARY: This notice proposes to personnel concerned with this modify Class E airspace at Auburn, IN. rulemaking will be filed in the docket. List of Subjects in 14 CFR Part 71 A Global Positioning System (GPS) Standard Instrument Approach Availability of NPRM’s Airspace, Incorporation by reference, Procedure (SIAP) to Runway (Rwy) 09, Any person may obtain a copy of this Navigation (air). and a GPS SIAP to Rwy 27, have been Notice of Proposed Rulemaking (NPRM) The Proposed Amendment developed for De Kalb County Airport. by submitting a request to the Federal Controlled airspace extending upward Aviation Administration, Office of Accordingly, pursuant to the from 700 to 1200 feet above ground Public Affairs, Attention: Public Inquiry authority delegated to me, the Federal level (AGL) is needed to contain aircraft Center, APA–230, 800 Independence Aviation Administration proposes to executing the approaches. This action Avenue, SW, Washington, DC 20591, or amend 14 CFR part 71 as follows: proposes to increase the radius of the by calling (202) 267–3484. existing controlled airspace for this Communications must identify the airport. Federal Register / Vol. 64, No. 20 / Monday, February 1, 1999 / Proposed Rules 4797

DATES: Comments must be received on personnel concerned with this List of Subjects in 14 CFR Part 71 or before March 15, 1999. rulemaking will be filed in the docket. Airspace, Incorporation by reference, ADDRESSES: Send comments on the Availability of NPRM’s Navigation (air). proposal in triplicate to: Federal The Proposed Amendment Aviation Administration, Office of the Any person may obtain a copy of this Assistant Chief Counsel, AGL–7, Rules Notice of Proposed Rulemaking (NPRM) Accordingly, pursuant to the Docket No. 99–AGL–3, 2300 East Devon by submitting a request to the Federal authority delegated to me, the Federal Avenue, Des Plaines, Illinois 60018. Aviation Administration, Office of Aviation Administration proposes to The official docket may be examined Public Affairs, Attention: Public Inquiry amend 14 CFR part 71 as follows: in the Office of the Assistant Chief Center, APA–230, 800 Independence PART 71ÐDESIGNATION OF CLASS A, Counsel, Federal Aviation Avenue, SW, Washington, DC 20591, or CLASS B, CLASS C, CLASS D, AND Administration, 2300 East Devon by calling (202) 267–3484. CLASS E AIRSPACE AREAS; Avenue, Des Plaines, Illinois. An Communications must identify the AIRWAYS; ROUTES; AND REPORTING informal docket may also be examined notice number of this NPRM. Persons POINTS during normal business hours at the Air interested in being placed on a mailing Traffic Division, Airspace Branch, list for future NPRM’s should also 1. The authority citation for part 71 Federal Aviation Administration, 2300 request a copy of Advisory Circular No. continues to read as follows: East Devon Avenue, Des Plaines, 11–2A, which describes the application Illinois. Authority: 49 U.S.C. 106(g), 40103, 40113, procedure. 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– FOR FURTHER INFORMATION CONTACT: 1963 Comp., p. 389. Michelle M. Behm, Air Traffic Division, The Proposal Airspace Branch, AGL–520, Federal § 71.1 [Amended] The FAA is considering an Aviation Administration, 2300 East 2. The incorporation by reference in amendment to 14 CFR part 71 to modify Devon Avenue, Des Plaines, Illinois 14 CFR 71.1 of the Federal Aviation Class E airspace at Auburn, IN, to 60018, telephone (847) 294–7568. Administration Order 7400.9E, Airspace accommodate aircraft executing the SUPPLEMENTARY INFORMATION: Designations and Reporting Points, proposed GPS Rwy 09 SIAP, and the dated September 10, 1997, and effective Comments Invited GPS RWY 27 SIAP, at De Kalb County September 16, 1997, is amended as Interested parties are invited to Airport by modifying the existing follows: controlled airspace. Controlled airspace participate in this proposed rulemaking * * * * * by submitting such written data, views, extending upward from 700 to 1200 feet or arguments as they may desire. AGL is needed to contain aircraft Paragraph 6005 Class E airspace areas executing the approaches. The area extending upward from 700 feet or more Comments that provide the factual basis above the surface of the earth. supporting the views and suggestions would be depicted on appropriate presented are particularly helpful in aeronautical charts. Class E airspace * * * * * developing reasoned regulatory designations for airspace areas AGL IN E5 Auburn, IN [Revised] extending upward from 700 feet or more decisions on the proposal. Comments Aurburn, De Kalb County Airport, IN are specifically invited on the overall above the surface of the earth are (Lat. 41°18′26′′ N., long. 85°03′52′′ W.) published in paragraph 6005 of FAA regulatory, aeronautical, economic, That airspace extending upward from 700 environmental, and energy-related Order 7400.9E dated September 10, feet above the surface within a 6.5-mile aspects of the proposal. 1997, and effective September 16, 1997, radius of the De Kalb County Airport, Communications should identify the which is incorporated by reference in 14 excluding the airspace within the Ft. Wayne, airspace docket number and be CFR 71.1. The Class E airspace IN, Class E airspace area. submitted in triplicate to the address designation listed in this document * * * * * listed above. Commenters wishing the would be published subsequently in the Issued in Des Plaines, Illinois on January FAA to acknowledge receipt of their Order. 14, 1999. comments on this notice must submit The FAA has determined that this John A. Clayborn, with those comments a self-addressed, proposed regulation only involves an Acting Manager, Air Traffic Division. stamped postcard on which the established body of technical [FR Doc. 99–2340 Filed 1–29–99; 8:45 am] following statement is made: regulations for which frequent and BILLING CODE 4910±13±M ‘‘Comments to Airspace Docket No. 99– routine amendments are necessary to AGL–3.’’ The postcard will be date/time keep them operationally current. stamped and returned to the Therefore this, proposed regulation—(1) DEPARTMENT OF TRANSPORTATION commenter. All communications is not a ‘‘significant regulatory action’’ received on or before the specified under Executive Order 12866; (2) is not Federal Aviation Administration closing date for comments will be a ‘‘significant rule’’ under DOT 14 CFR Part 71 considered before taking action on the Regulatory Policies and Procedures (44 proposed rule. The proposal contained FR 11034; February 26, 1979); and (3) [Docket No. 99±AGL±2] in this notice may be changed in light does not warrant preparation of a of comments received. All comments Regulatory Evaluation as the anticipated Proposed Modification of Class E submitted will be available for impact is so minimal. Since this is a Airspace; Watertown, WI examination in the Rules Docket, FAA, routine matter that will only affect air AGENCY: Federal Aviation Great Lakes Region, Office of the traffic procedures and air navigation, it Administration (FAA), DOT. Assistant Chief Counsel, 2300 East is certified that this proposed rule will ACTION: Notice of proposed rulemaking. Devon Avenue, Des Plaines, Illinois, not have a significant economic impact both before and after the closing date for on a substantial number of small entities SUMMARY: This notice proposes to comments. A report summarizing each under the criteria of the Regulatory modify Class E airspace at Watertown, substantive public contact with FAA Flexibility Act. WI. A Transponder Landing System 4798 Federal Register / Vol. 64, No. 20 / Monday, February 1, 1999 / Proposed Rules

(TLS) Standard Instrument Approach closing date for comments will be under Executive Order 12866; (2) is not Procedure (SIAP) to Runway (Rwy) 05 considered before taking action on the a ‘‘significant rule’’ under DOT has been developed for Watertown proposed rule. The proposal contained Regulatory Policies and Procedures (44 Municipal Airport. Controlled airspace in this notice may be changed in light FR 11034; February 26, 1979); and (3) extending upward from 700 to 1200 feet of comments received. All comments does not warrant preparation of a above ground level (AGL) is needed to submitted will be available for Regulatory Evaluation as the anticipated contain aircraft executing the approach. examination in the Rules Docket, FAA, impact is so minimal. Since this is a This action proposes to increase the Great Lakes Region, Office of the routine matter that will only affect air radius of the existing controlled Assistant Chief Counsel, 2300 East traffic procedures and air navigation, it airspace for this airport. Devon Avenue, Des Plaines, Illinois, is certified that this proposed rule will DATES: Comments must be received on both before and after the closing date for not have a significant economic impact or before March 15, 1999. comments. A report summarizing each on a substantial number of small entities ADDRESSES: Send comments on the substantive public contact with FAA under the criteria of the Regulatory proposal in triplicate to: Federal personnel concerned with this Flexibility Act. rulemaking will be filed in the docket. Aviation Administration, Office of the List of Subjects in 14 CFR Part 71 Assistant Chief Counsel, AGL–7, Rules Availability of NPRM’s Docket No. 99–AGL–2, 2300 East Devon Airspace, Incorporation by reference, Avenue, Des Plaines, Illinois 60018. Any person may obtain a copy of this Navigation (air). The official docket may be examined Notice of Proposed Rulemaking (NPRM) in the Office of the Assistant Chief by submitting a request to the Federal The Proposed Amendment Aviation Administration, Office of Counsel, Federal Aviation Accordingly, pursuant to the Public Affairs, Attention: Public Inquiry Administration, 2300 East Devon authority delegated to me, the Federal Center, APA–230, 800 Independence Avenue, Des Plaines, Illinois. An Aviation Administration proposes to Avenue, SW, Washington, DC 20591, or informal docket may also be examined amend 14 CFR part 71 as follows: during normal business hours at the Air by calling (202) 267–3484. Traffic Division, Airspace Branch, Communications must identify the PART 71ÐDESIGNATION OF CLASS A, Federal Aviation Administration, 2300 notice number of this NPRM. Persons CLASS B, CLASS C, CLASS D, AND East Devon Avenue, Des Plaines, interested in being placed on a mailing CLASS E AIRSPACE AREAS; Illinois. list for future NPRM’s should also AIRWAYS; ROUTES; AND REPORTING FOR FURTHER INFORMATION CONTACT: request a copy of Advisory Circular No. POINTS Michelle M. Behm, Air Traffic Division, 11–2A, which describes the application Airspace Branch, AGL–520, Federal procedure. 1. The authority citation for part 71 Aviation Administration, 2300 East The Proposal continues to read as follows: Devon Avenue, Des Plaines, Illinois Authority: 49 U.S.C. 106(g), 40103, 40113, 60018, telephone (847) 294–7568. The FAA is considering an 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– SUPPLEMENTARY INFORMATION: amendment to 14 CFR part 71 to modify 1963 Comp., p. 389. Class E airspace at Watertown, WI, to Comments Invited accommodate aircraft executing the § 71.1 [Amended] proposed TLS Rwy 05 SIAP at Interested parties are invited to 2. The incorporation by reference in Watertown Municipal Airport by participate in this proposed rulemaking 14 CFR 71.1 of the Federal Aviation modifying the existing controlled by submitting such written data, views, Administration Order 7400.9E, Airspace airspace. Controlled airspace extending or arguments as they may desire. Designations and Reporting Points, upward from 700 to 1200 feet AGL is Comments that provide the factual basis dated September 10, 1997, and effective needed to contain aircraft executing the supporting the views and suggestions September 16, 1997, is amended as approaches. The area would be depicted presented are particularly helpful in follows: developing reasoned regulatory on appropriate aeronautical charts. * * * * * decisions on the proposal. Comments Class E airspace designations for are specifically invited on the overall airspace areas extending upward from Paragraph 6005 Class E airspace areas regulatory, aeronautical, economic, 700 feet or more above the surface of the extending upward from 700 feet or more environmental, and energy-related earth are published in paragraph 6005 of above the surface of the earth. aspects of the proposal. FAA Order 7400.9E dated September * * * * * 10, 1997, and effective September 16, Communications should identify the AGL WI E5 Watertown, WI [Revised] airspace docket number and be 1997, which is incorporated by reference in 14 CFR 71.1. The Class E Watertown Municipal Airport, WI submitted in triplicate to the address ° ′ ′′ ° ′ ′′ listed above. Commenters wishing the airspace designation listed in this (Lat. 43 10 11 N., long. 88 43 24 W.) FAA to acknowledge receipt of their document would be published That airspace extending upward from 700 comments on this notice must submit subsequently in the Order. feet above the surface within an 8.4-mile radius of the Watertown Municipal Airport. with those comments a self-addressed, The FAA has determined that this stamped postcard on which the proposed regulation only involves an * * * * * following statement is made: established body of technical Issued in Des Plaines, Illinois on January ‘‘Comments to Airspace Docket No. 99– regulations for which frequent and 14, 1999. AGL–2.’’ The postcard will be date/time routine amendments are necessary to John A. Clayborn, stamped and returned to the keep them operationally current. Acting Manager, Air Traffic Division. commenter. All communications Therefore this, proposed regulation—(1) [FR Doc. 99–2339 Filed 1–29–99; 8:45 am] received on or before the specified is not a ‘‘significant regulatory action’’ BILLING CODE 4910±13±M Federal Register / Vol. 64, No. 20 / Monday, February 1, 1999 / Proposed Rules 4799

DEPARTMENT OF TRANSPORTATION are specifically invited on the overall approaches and modifications to the regulatory, aeronautical, economic, NDB instrument approaches to RWY 16 Federal Aviation Administration environmental, and energy-related and RWY 34. The area would be aspects of the proposal. depicted on aeronautical charts for pilot 14 CFR Part 71 Communications should identify the reference. The intended effect of this [Airspace Docket No. 98±AAL±20] airspace docket number and be proposal is to provide adequate submitted in triplicate to the address controlled airspace for IFR operations at Proposed Revision of Class E listed above. Commenters wishing the Gambell, AK. Airspace; Gambell, AK FAA to acknowledge receipt of their The area would be depicted on comments on this notice must submit aeronautical charts for pilot reference. AGENCY: Federal Aviation with those comments a self-addressed, Administration (FAA), DOT. The coordinates for this airspace docket stamped postcard on which the are based on North American Datum 83. ACTION: Notice of proposed rulemaking. following statement is made: The Class E airspace areas designated as ‘‘Comments to Airspace Docket No. 98– 700/1200 foot transition areas are SUMMARY: This action proposes to revise AAL–20.’’ The postcard will be date/ Class E airspace at Gambell, AK. The published in paragraph 6005 of FAA time stamped and returned to the Order 7400.9F, Airspace Designations establishment of the Global Positioning commenter. All communications System (GPS) instrument approaches to and Reporting Points, dated September received on or before the specified 10, 1998, and effective September 16, runway (RWY) 16 and RWY 34 and the closing date for comments will be modification of the Non-directional 1998, which is incorporated by considered before taking action on the reference in 14 CFR 71.1 (63 FR 50139; Radio Beacon (NDB) instrument proposed rule. The proposal contained approaches to RWY 16 and RWY 34 at September 21, 1998). The Class E in this notice may be changed in light airspace designation listed in this Gambell, AK, have made this action of comments received. All comments necessary. Adoption of this proposal document would be revised and submitted will be available for published subsequently in the Order. would result in the provision of examination in the Operations Branch, adequate controlled airspace for Air Traffic Division, Federal Aviation The FAA has determined that these Instrument Flight Rules (IFR) operations Administration, 222 West 7th Avenue, proposed regulations only involve an at Gambell, AK. Box 14, Anchorage, AK, both before and established body of technical DATES: Comments must be received on after the closing date for comments. A regulations for which frequent and or before March 18, 1999. report summarizing each substantive routine amendments are necessary to keep them operationally current. It, ADDRESSES: Send comments on the public contact with FAA personnel therefore—(1) is not a ‘‘significant proposal in triplicate to: Manager, concerned with this rulemaking will be regulatory action’’ under Executive Operations Branch, AAL–530, Docket filed in the docket. Order 12866; (2) is not a ‘‘significant No. 98–AAL–20, Federal Aviation Availability of NPRM’s rule’’ under DOT Regulatory Policies Administration, 222 West 7th Avenue, and Procedures (44 FR 11034; February Box 14, Anchorage, AK 99513–7587. An electronic copy of this document 26, 1979); and (3) does not warrant The official docket may be examined may be downloaded, using a modem preparation of a regulatory evaluation as in the Office of the Regional Counsel for and suitable communications software, the anticipated impact is so minimal. the Alaskan Region at the same address. from the FAA regulations section of the Since this is a routine matter that will An informal docket may also be Fedworld electronic bulletin board only affect air traffic procedures and air examined during normal business hours service (telephone: 703–321–3339) or navigation, it is certified that this rule, in the Office of the Manager, Operations the Federal Register’s electronic when promulgated, will not have a Branch, Air Traffic Division, at the bulletin board service (telephone: 202– significant economic impact on a address shown above and on the 512–1661). substantial number of small entities Internet at Alaskan Region’s homepage Internet users may reach the Federal under the criteria of the Regulatory at http://www.alaska.faa.gov/at or at Register’s web page for access to Flexibility Act. address http://162.58.28.41/at. recently published rulemaking documents at http:// List of Subjects in 14 CFR Part 71 FOR FURTHER INFORMATION CONTACT: www.access.gpo.gov/suldocs/aces/ Robert van Haastert, Operations Branch, aces140.html. Airspace, Incorporation by reference, AAL–538, Federal Aviation Any person may obtain a copy of this Navigation (air). Administration, 222 West 7th Avenue, Notice of Proposed Rulemaking (NPRM) The Proposed Amendment Box 14, Anchorage, AK 99513–7587; by submitting a request to the telephone number (907) 271–5863; fax: Operations Branch, AAL–530, Federal In consideration of the foregoing, the (907) 271–2850; email: Aviation Administration, 222 West 7th Federal Aviation Administration [email protected]. Avenue, Box 14, Anchorage, AK 99513– proposes to amend 14 CFR part 71 as Internet address: www.alaska.faa.gov/at. 7587. Communications must identify follows: SUPPLEMENTARY INFORMATION: the notice number of this NPRM. PART 71ÐDESIGNATION OF CLASS A, Comments Invited Persons interested in being placed on a mailing list for future NPRM’s should CLASS B, CLASS C, CLASS D, AND Interested parties are invited to also request a copy of Advisory Circular CLASS E AIRSPACE AREAS; participate in this proposed rulemaking No. 11–2A, which describes the AIRWAYS; ROUTES; AND REPORTING by submitting such written data, views, application procedure. POINTS or arguments as they may desire. Comments that provide the factual basis The Proposal 1. The authority citation for 14 CFR supporting the views and suggestions The FAA proposes to amend 14 CFR part 71 continues to read as follows: presented are particularly helpful in part 71 by revising the Class E airspace Authority: 49 U.S.C. 106(g), 40103, 40113, developing reasoned regulatory at Gambell, AK, through the 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– decisions on the proposal. Comments establishment of GPS instrument 1963 Comp., p. 389. 4800 Federal Register / Vol. 64, No. 20 / Monday, February 1, 1999 / Proposed Rules

§ 71.1 [Amended] adequate controlled airspace for submitted will be available for 2. The incorporation by reference in Instrument Flight Rules (IFR) operations examination in the Operations Branch, 14 CFR 71.1 of Federal Aviation at Port Heiden, AK. Air Traffic Division, Federal Aviation Administration Order 7400.9F, Airspace DATES: Comments must be received on Administration, 222 West 7th Avenue, Designations and Reporting Points, or before March 18, 1999. Box 14, Anchorage, AK, both before and dated September 10, 1998, and effective ADDRESSES: Send comments on the after the closing date for comments. A September 16, 1998, is to be amended proposal in triplicate to: Manager, report summarizing each substantive as follows: Operations Branch, AAL–530, Docket public contact with FAA personnel concerned with this rulemaking will be Paragraph 6005 Class E airspace areas No. 98–AAL–25, Federal Aviation extending upward from 700 feet or more Administration, 222 West 7th Avenue, filed in the docket. above the surface of the earth. Box 14, Anchorage, AK 99513–7587. Availability of NPRM’s The official docket may be examined * * * * * An electronic copy of this document in the Office of the Regional Counsel for may be downloaded, using a modem AAL AK E5 Gambell, AK the Alaskan Region at the same address. Gambell Airport, AK An informal docket may also be and suitable communications software, (Lat. 63°46′00′′ N., long. 171°43′58′′ W.) examined during normal business hours from the FAA regulations section of the Gambell NDB/DME in the Office of the Manager, Operations Fedworld electronic bulletin board ° ′ ′′ ° ′ ′′ (Lat. 63 46 55 N., long. 171 44 12 W.) Branch, Air Traffic Division, at the service (telephone: 703–321–3339) or That airspace extending upward from address shown above and on the the Federal Register’s electronic 700 feet above the surface within a 6.4- Internet at Alaskan Region’s homepage bulletin board service (telephone: 202– mile radius of the Gambell Airport and at http://www.alaska.faa.gov/at or at 512–1661). ° Internet users may reach the Federal within 4 miles each side of the 174 address http://162.58.28.41/at. bearing of the Gambell NDB/DME Register’s web page for access to FOR FURTHER INFORMATION CONTACT: recently published rulemaking extending from the NDB/DME to 23 Robert van Haastert, Operations Branch, miles south of the NDB/DME and within documents at http:// AAL–538, Federal Aviation l 4 miles each side of the Gambell NDB/ www.access.gpo.gov/su docs/aces/ ° Administration, 222 West 7th Avenue, aces140.html. DME 354 bearing extending from the Box 14, Anchorage, AK 99513–7587; 6.4-mile radius to 10.6 miles north of Any person may obtain a copy of this telephone number (907) 271–5863; fax: Notice of Proposed Rulemaking (NPRM) the airport; and that airspace extending (907) 271–2850; email: upward from 1,200 feet above the by submitting a request to the [email protected]. Operations Branch, AAL–530, Federal surface within 8 miles west and 4 miles Internet address: http:// east of the 354° bearing of the Gambell Aviation Administration, 222 West 7th www.alaska.faa.gov/at or at address Avenue, Box 14, Anchorage, AK 99513– NDB/DME extending from the NDB/ http://162.58.28.41/at. DME to 16 miles north of the NDB/DME 7587. Communications must identify SUPPLEMENTARY INFORMATION: and within 25 miles of the NDB/DME the notice number of this NPRM. clockwise between the 006° and 227° Comments Invited Persons interested in being placed on a bearings of the NDB/DME. mailing list for future NPRM’s should Interested parties are invited to also request a copy of Advisory Circular * * * * * participate in this proposed rulemaking Issued in Anchorage, AK, on January 22, No. 11–2A, which describes the by submitting such written data, views, application procedure. 1999. or arguments as they may desire. Willis C. Nelson, Comments that provide the factual basis The Proposal Manager, Air Traffic Division, Alaskan supporting the views and suggestions The FAA proposes to amend 14 CFR Region. presented are particularly helpful in part 71 by revising Class E airspace at [FR Doc. 99–2337 Filed 1–29–99; 8:45 am] developing reasoned regulatory Port Heiden, AK, through the BILLING CODE 4910±13±P decisions on the proposal. Comments establishment of a new MLS instrument are specifically invited on the overall approach to RWY 05. The intended regulatory, aeronautical, economic, effect of this proposal is to provide DEPARTMENT OF TRANSPORTATION environmental, and energy-related adequate controlled airspace for IFR aspects of the proposal. Federal Aviation Administration operations at Port Heiden, AK. Communications should identify the The area would be depicted on 14 CFR Part 71 airspace docket number and be aeronautical charts for pilot reference. submitted in triplicate to the address The coordinates for this airspace docket [Airspace Docket No. 98±AAL±25] listed above. Commenters wishing the are based on North American Datum 83. FAA to acknowledge receipt of their The Class E airspace areas designated as Proposed Revision of Class E comments on this notice must submit 700/1200 foot transition areas, are Airspace; Port Heiden, AK with those comments a self-addressed, published in paragraph 6005 in FAA AGENCY: Federal Aviation stamped postcard on which the Order 7400.9F, Airspace Designations Administration (FAA), DOT. following statement is made: and Reporting Points, dated September ACTION: Notice of proposed rulemaking. ‘‘Comments to Airspace Docket No. 98– 10, 1998, and effective September 16, AAL–25.’’ The postcard will be date/ 1998, which is incorporated by SUMMARY: This action proposes to revise time stamped and returned to the reference in 14 CFR 71.1 (63 FR 50139; Class E airspace at Port Heiden, AK. The commenter. All communications September 21, 1998). The Class E establishment of a new Microwave received on or before the specified airspace listed in this document would Landing System (MLS) instrument closing date for comments will be be revised and published in the Order. approach to runway (RWY) 05 at Port considered before taking action on the The FAA has determined that these Heiden, AK, has made this action proposed rule. The proposal contained proposed regulations only involve an necessary. Adoption of this proposal in this notice may be changed in light established body of technical would result in the provision of of comments received. All comments regulations for which frequent and Federal Register / Vol. 64, No. 20 / Monday, February 1, 1999 / Proposed Rules 4801 routine amendments are necessary to within 13 miles west and 4 miles east of the Avenue, NW., Washington, DC. keep them operationally current. It, Port Heiden NDB 339° bearing extending Alternatively, taxpayers may submit therefore—(1) is not a ‘‘significant from the NDB to 25 miles north, and within comments electronically via the regulatory action’’ under Executive 17 miles of the Turnbull VOR/DME INTERNET by selecting the ‘‘Tax Regs’’ extending clockwise from the 213° radial to Order 12866; (2) is not a ‘‘significant the 074° radial, and within 9 miles north of option on the IRS Home Page, or by rule’’ under DOT Regulatory Policies the Port Heiden NDB 248° bearing extending submitting comments directly to the IRS and Procedures (44 FR 11034; February from the NDB to 24 miles west. INTERNET site at http:// l 26, 1979); and (3) does not warrant * * * * * www.irs.ustreas.gov/prod/tax regs/ preparation of a regulatory evaluation as Issued in Anchorage, AK, on January 22, comments.html. The public hearing will the anticipated impact is so minimal. 1999. be held in Room 2615, Internal Revenue Since this is a routine matter that will Willis C. Nelson, Building, 1111 Constitution Avenue, only affect air traffic procedures and air Manager, Air Traffic Division, Alaskan Washington, DC. navigation, it is certified that this rule, Region. FOR FURTHER INFORMATION CONTACT: when promulgated, will not have a [FR Doc. 99–2336 Filed 1–29–99; 8:45 am] Concerning the regulations, Michael L. significant economic impact on a BILLING CODE 4910±13±P Gompertz of the Office of Assistant substantial number of small entities Chief Counsel (Income Tax & under the criteria of the Regulatory Accounting), (202) 622–4910; Flexibility Act. concerning submissions of comments, DEPARTMENT OF THE TREASURY List of Subjects in 14 CFR Part 71 the hearing, and/or to be placed on the Internal Revenue Service building access list to attend the Airspace, Incorporation by reference, hearing, Michael Slaughter, (202) 622– Navigation (air). 26 CFR Part 1 7190 (not toll-free numbers). The Proposed Amendment SUPPLEMENTARY INFORMATION: [REG±209619±93] In consideration of the foregoing, the Paperwork Reduction Act Federal Aviation Administration RIN 1545±AR82 proposes to amend 14 CFR part 71 as The collections of information follows: Escrow Funds and Other Similar contained in this notice of proposed Funds rulemaking have been submitted to the PART 71ÐDESIGNATION OF CLASS A, Office of Management and Budget for AGENCY: Internal Revenue Service (IRS), CLASS B, CLASS C, CLASS D, AND review in accordance with the Treasury. CLASS E AIRSPACE AREAS; Paperwork Reduction Act of 1995 (44 AIRWAYS; ROUTES; AND REPORTING ACTION: Notice of proposed rulemaking U.S.C. 3507(d)). Comments on the POINTS and notice of public hearing. collections of information should be sent to the Office of Management and SUMMARY: This document contains 1. The authority citation for 14 CFR Budget, Attn: Desk Officer for the proposed regulations relating to the part 71 continues to read as follows: Department of the Treasury, Office of designation of the person required to Authority: 49 U.S.C. 106(g), 40103, 40113, Information and Regulatory Affairs, report the income earned on qualified 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– Washington, DC 20503, with copies to settlement funds and certain other 1963 Comp., p. 389. the Internal Revenue Service, Attn: IRS funds, trusts, and escrow accounts, and Reports Clearance Officer, OP:FS:FP, § 71.1 [Amended] other related rules. The proposed Washington, DC 20224. Comments on 2. The incorporation by reference in regulations would affect qualified the collections of information should be 14 CFR 71.1 of Federal Aviation settlement funds, qualified escrow received by April 2, 1999. Comments Administration Order 7400.9F, Airspace accounts and qualified trusts are specifically requested concerning: Designations and Reporting Points, established in connection with deferred dated September 10, 1998, and effective Whether the proposed collections of like-kind exchanges, escrow accounts information are necessary for the proper September 16, 1998, is to be amended established in connection with sales of as follows: performance of the functions of the property, disputed ownership funds, Internal Revenue Service, including Paragraph 6005 Class E airspace areas and parties to these escrow accounts, whether the information will have extending upward from 700 feet or more trusts, and funds. This document also practical utility; above the surface of the earth. provides notice of a public hearing on The accuracy of the estimated burden * * * * * these proposed regulations. associated with the proposed collections DATES: Written comments must be AAL AK E5 Port Heiden, AK of information (see below); received by May 3, 1999. Requests to Port Heiden Airport, AK How the quality, utility, and clarity of ° ′ ′′ ° ′ ′′ speak and outlines of topics to be the information to be collected may be (Lat. 56 57 32 N., long. 158 37 57 W.) discussed at the public hearing Port Heiden NDB enhanced; (Lat. 56°57′15′′ N., long. 158°38′56′′ W.) scheduled for May 12, 1999, at 10 a.m., How the burden of complying with Turnbull VOR/DME must be received by April 21, 1999. the proposed collections of information (Lat. 56°57′04′′ N., long. 158°38′27′′ W.) ADDRESSES: Send submissions to: may be minimized, including through That airspace extending upward from 700 CC:DOM:CORP:R (REG–209619–93), the application of automated collection feet above the surface within a 6.9-mile room 5226, Internal Revenue Service, techniques or other forms of information radius of the Port Heiden Airport, and within POB 7604, Ben Franklin Station, technology; and 4 miles north and 8 miles south of the Port ° Washington, DC 20044. Submissions Estimates of capital or start-up costs Heiden NDB 248 bearing extending from the may be hand delivered Monday through and costs of operation, maintenance, NDB to 20 miles west, and within 8 miles west and 4 miles east of the Port Heiden NDB Friday between the hours of 8 a.m. and and purchase of service to provide 339° bearing extending from the NDB to 20 5 p.m. to: CC:DOM:CORP:R (REG– information. miles northwest; and that airspace extending 209619–93), Courier’s Desk, Internal The collections of information in this upward from 1200 feet above the surface Revenue Service, 1111 Constitution proposed regulation are in §§ 1.468B– 4802 Federal Register / Vol. 64, No. 20 / Monday, February 1, 1999 / Proposed Rules

1(k)(2), 1.468B–1(k)(3)(iv), 1.468B– Background actual or constructive receipt of money 6(e)(1), 1.468B–6(f), 1.468B–7(d), This notice contains proposed or other property for purposes of section 1.468B–8(f), 1.468B–8(g)(1), 1.468B- amendments to the Income Tax 1031. In particular, the regulations 9(c)(1), and 1.468B–9(f)(3). Regulations (26 CFR part 1) under provide that the taxpayer is not in actual The collections of information in section 468B of the Internal Revenue or constructive receipt of money or §§ 1.468B–1(k)(3)(iv), 1.468B–6(e)(1), Code. Section 468B was added to the other property held in a qualified 1.468B–7(d), 1.468B–8(g)(1), and Code by section 1807(a)(7)(A) of the Tax escrow account or qualified trust. 1.468B–9(c)(1) are satisfied by including Reform Act of 1986 (Public Law 99–514, Section 1.1031(k)–1(g)(3) defines the required information on Forms 100 Stat. 2814) and was amended by qualified escrow account and qualified 1099, 1041, 1120, or 1120–SF. The section 1018(f) of the Technical and trust. burden for these requirements is Miscellaneous Revenue Act of 1988 The regulations under section reflected in the burden estimates for (Public Law 100–647, 102 Stat. 3582). 1031(a)(3) do not address the taxation of these forms. Section 468B(g) provides that nothing in income earned on a qualified escrow or The other collections of information any provision of law shall be construed qualified trust. The preamble to these in this proposed regulation (in as providing that an escrow account, regulations (see 1991–1 C.B. 154) states §§ 1.468B–1(k)(2), 1.468B–6(f), 1.468B– settlement fund, or similar fund is not that this issue will be addressed in 8(f), and 1.468B–9(f)(3)) are discussed subject to current income tax. Section future regulations. below. The collection of information in 468B(g) further provides that the Explanation of Provisions Secretary shall prescribe regulations § 1.468B–1(k)(2) is an election statement 1. Election To Treat a QSF as a Grantor attached to a tax return filed for a providing for the taxation of any such account or fund whether as a grantor Trust Under § 1.468B–1(k) of the qualified settlement fund (QSF). The Proposed Regulations statement notifies the IRS that the trust or otherwise. On December 23, 1992, final The proposed regulations provide that transferor to the QSF has elected grantor regulations (TD 8459) under section if there is only one transferor to a QSF, trust treatment for the QSF. This 468B(g) were published in the Federal the transferor is allowed to make an collection is required to obtain a benefit. The collections of information in Register (57 FR 60983). The regulations election that results in the QSF being §§ 1.468B–6(f) and 1.468B–8(f) are provide guidance concerning qualified treated as a grantor trust all of which is statements that third parties must settlement funds, but do not address treated as owned by the transferor. In provide to an escrow holder, trustee, or other types of funds, escrow accounts, general, the election is made on a administrator to enable the escrow or trusts subject to current taxation statement attached to the first Form holder, trustee, or administrator to under section 468B(g). 1041 filed on behalf of the QSF. The properly report the income of an escrow Section 1.468B–1(c) defines a transferor may make a grantor trust account or trust on Form 1099. These qualified settlement fund (QSF) as a election whether or not the collections are mandatory. fund, account, or trust meeting three requirements are otherwise satisfied for The collection of information in requirements. A QSF is a separate classification of the QSF as a grantor § 1.468B–9(f)(3) is a statement that a taxpayer subject to tax on its modified trust. transferor must provide with respect to gross income. QSF classification is not In general, grantor trust treatment for the transfer of cash or property to a elective. The preamble to the QSF a QSF is available under the proposed disputed ownership fund. This regulations (see 1993–1 C.B. 69) states regulations only if the QSF is collection is mandatory. that the IRS and the Treasury established after the date final The likely respondents are Department rejected an elective regulations are published in the Federal individuals, business or other for-profit approach because it would result in Register. However, the proposed institutions, small businesses or inconsistent tax treatment for similar regulations provide a narrow exception organizations, nonprofit institutions, funds, claimants, or transferors, and applicable to any QSF established by and government entities. accompanying complexity. the U.S. government on or before the Estimated total annual reporting The preamble to the QSF regulations date final regulations are published if burden: 4,650 hours. also states (see 1993–1 C.B. 73) that the QSF would otherwise have been Estimated average annual burden per future regulations will address the tax classified as a grantor trust in the respondent: .5 hours. treatment of funds, accounts, or trusts absence of the QSF regulations (see Rev. Estimated number of respondents: other than QSFs, specifically, escrow Rul. 77–230 (1977–2 C.B. 214)). Under 9,300. accounts used in the sale of property the exception, such a QSF will be Estimated annual frequency of and section 1031 qualified escrow automatically treated as a grantor trust responses: on occasion. accounts. for all taxable years and a grantor trust An agency may not conduct or Section 1031(a)(3) was added to the election is thus unnecessary. If a QSF is sponsor, and a person is not required to Internal Revenue Code by section 77 of established after the date final respond to, a collection of information the Tax Reform Act of 1984 (Public Law regulations are published, a grantor trust unless the collection of information 98–369, 98 Stat. 595). On May 1, 1991, election will be required in order for the displays a valid control number final regulations (TD 8346) under QSF to be treated as a grantor trust. This assigned by the Office of Management section 1031(a)(3) were published in the rule applies whether or not the U.S. and Budget. Federal Register (56 FR 19933). These government is the grantor. Books and records relating to a regulations were amended by final collection of information must be regulations (TD 8535) published in the 2. Section 1031 Qualified Escrow retained as long as their contents may Federal Register for April 20, 1994 (59 Accounts and Qualified Trusts Under become material in the administration FR 18747). The regulations provide four § 1.468B–6 of the Proposed Regulations of any internal revenue law. Generally, safe harbors, the use of any of which In general, the proposed regulations tax returns and tax return information will result in a determination that the treat the assets of a qualified escrow are confidential, as required by 26 taxpayer (i.e., the party transferring the account or qualified trust established in U.S.C. 6103. property in the exchange) is not in connection with a deferred exchange Federal Register / Vol. 64, No. 20 / Monday, February 1, 1999 / Proposed Rules 4803 under section 1031(a)(3) as owned by price means the required consideration income earned on the assets is thus the taxpayer, i.e., the party that transfers for the property). Fourth, its assets taxable to the purchaser. the relinquished property. Thus, the (including income earned thereon) must Beginning on the determination date, taxpayer is taxable on the income be paid to the purchaser or otherwise the proposed regulations provide that earned on these assets. However, if the used for the purchaser’s benefit, for the purchaser and the seller are taxable transferee or the qualified intermediary example, as a credit against the on the income of the escrow has all the beneficial use and enjoyment purchase price. Fifth, it must not be a corresponding to their respective of the assets of a qualified escrow qualified escrow or qualified trust ownership interests in each asset of the account or qualified trust, then the established in connection with a escrow. Further, the proposed assets of the escrow account or trust are deferred section 1031 exchange. regulations require the purchaser and treated as owned by the transferee or The proposed regulations treat the seller to provide the escrow holder, qualified intermediary, and the income assets of a pre-closing escrow as owned trustee, or other administrator of the earned on the assets is taxable to the by the purchaser for federal income tax escrow with a statement within 30 days transferee or qualified intermediary. purposes. Thus, the income earned on of the determination date indicating Further, the proposed regulations the assets is taxable to the purchaser. what these ownership interests are. require the escrow holder of a qualified The escrow holder, trustee, or other Also, the escrow holder, trustee, or escrow account or trustee of a qualified person responsible for administering a other administrator is required to trust to report the income of the escrow pre-closing escrow must report the prepare Forms 1099 to report the account or trust on Forms 1099 to the income of the escrow on Forms 1099 to income of a contingent at-closing extent the information reporting the extent the information reporting escrow to the extent the information provisions of the Code otherwise require provisions of the Code otherwise require reporting provisions of the Code the filing of Forms 1099. In general, the the filing of Forms 1099. otherwise require the filing of Forms taxpayer is treated as the payee of the 1099. income of the escrow account or trust 4. Contingent At-closing Escrows Under In preparing the Forms 1099, the unless the parties to the transaction § 1.468B–8 of the Proposed Regulations escrow holder, trustee, or other administrator may rely on the statement provide a statement to the escrow The proposed regulations provide (discussed above) provided to the holder or trustee indicating that the rules for taxing the income of a administrator within 30 days of the transferee or qualified intermediary is contingent at-closing escrow, which is determination date. Also, if the the payee. Such a statement must be an escrow account, trust, or fund provided if the transferee or qualified statement is not provided, the escrow satisfying three requirements. First, a intermediary has all the beneficial use holder, trustee, or other administrator contingent at-closing escrow must be and enjoyment of the assets of the may rely on the parties’ failure to established in connection with the sale escrow account or trust. provide a statement and continue to The proposed regulations provide that or exchange of real or personal property treat the purchaser as the owner. The the escrow holder or trustee is not liable used in a trade or business or held for administrator’s ability to rely on a for penalties under sections 6721 and investment (other than an exchange to statement, or its absence, protects the 6722 if the escrow holder or trustee which section 354, 355, or 356 applies). administrator from liability for penalties relies on an incorrect statement Second, the assets of the escrow must be under sections 6721 and 6722. provided to the escrow holder or trustee distributable to the purchaser or seller 5. Disputed Ownership Funds Under (see above) or relies on the parties’ based on bona fide contingencies that § 1.468B–9 of the Proposed Regulations failure to provide such a statement. will be resolved after the sale or The proposed regulations also provide exchange (as determined for federal A disputed ownership fund (DOF) is that if the transferee or the qualified income tax purposes). (If a contingent an escrow account, trust, or fund other intermediary has all the beneficial use at-closing escrow is established in than a QSF that satisfies three and enjoyment of the assets of a connection with an exchange of requirements. First, a DOF must be qualified escrow account or trust, the property, rather than a sale, the term established to hold money or property deferred exchange may involve a below- purchaser refers to the transferee of the subject to conflicting claims of market loan of these assets from the property and the term seller refers to the ownership. Second, a DOF must be taxpayer to the transferee or qualified transferor of the property.) Thus, for subject to the continuing jurisdiction of intermediary subject to the provisions of example, the agreement between the a court of law or equity. Third, money section 7872. parties may provide that all or a portion or property cannot be paid or of the assets of the escrow are distributed from a DOF to a claimant 3. Pre-closing Escrows Under § 1.468B– distributable to the purchaser if without court approval. An interpleader 7 of the Proposed Regulations specified liabilities associated with the fund may qualify as a DOF. A pre-closing escrow is an escrow property arise within a specified period In general, a DOF is taxed under the account, trust, or fund that satisfies five of time after closing or if certain proposed regulations as if it were a requirements. First, it must be earnings targets are not met by a qualified settlement fund if all the established in connection with a sale or specified date. Third, the escrow must DOF’s assets are passive investment exchange of real or personal property. not be a qualified escrow account or assets, for example, cash or cash Second, it must be funded with a down qualified trust established in connection equivalents, stock, and debt obligations. payment, earnest money, or similar with a deferred section 1031 exchange. However, if the DOF holds assets other payment prior to the sale or exchange of Prior to the date (called the than passive investment assets (for the property (as determined for federal determination date) on which the example, real estate or business income tax purposes). Third, its assets specified events occur or fail to occur, property the ownership of which is in must be used to secure the purchaser’s thereby fixing the amounts payable from dispute), the DOF is taxed as if it were obligation to pay the purchase price (in the escrow to the purchaser and seller, a C corporation. The claimants to the the case of an exchange of property, the the proposed regulations provide that fund may, however, submit a letter term purchaser means the transferee of the assets of the escrow are treated as ruling request proposing an alternative the property and the term purchase owned by the purchaser, and the method of taxation if they believe that 4804 Federal Register / Vol. 64, No. 20 / Monday, February 1, 1999 / Proposed Rules there is a more appropriate method of the seller. The proposed rule is simple Administration for comment on its taxing a DOF than under the rules stated and easy to administer because it treats impact on small business. An initial above. the escrow in a unitary manner and regulatory flexibility analysis has been In addition to providing rules for the avoids the need for multiple prepared for the collections of taxation of the income of a DOF, the determination dates. Arguably, information contained in this notice of proposed regulations also provide rules however, a more complex approach proposed rulemaking under 5 U.S.C. concerning the transfer of property to should be adopted involving a separate 603. The analysis is set forth below. and from a DOF. In particular, a transfer determination date for each of property to a DOF is not a sale or contingency. Under the more complex Initial Regulatory Flexibility Act other disposition by the transferor under approach, as each contingency is Analysis section 1001(a) if the transferor claims resolved, a new determination would be The objective of the proposed ownership of the transferred property. made concerning the taxation of the regulations is to ensure that the income Also, a DOF is not allowed a deduction fund’s income. The income earned on of certain escrow accounts, trusts, and for a distribution of disputed property to the fund’s assets would be taxable to the funds is subject to current taxation by a claimant and the distribution is not a purchaser and seller in accordance with identifying the proper party or parties taxable event to the DOF. their ownership interests as determined subject to tax and by requiring 6. Request for Comments on each determination date as each appropriate information reporting for separate contingency is resolved. the income of the escrow account, trust, Comments are requested on the Comments are also requested on the or fund. Section 468B(g) provides the appropriate tax treatment of a fund, requirement that the assets of a legal basis for the requirements of the account, or trust that meets the contingent at-closing escrow must be proposed regulations. The IRS and requirements for more than one type of distributable to the purchaser or seller Treasury Department are not aware of entity subject to the proposed based on bona fide contingencies that any federal rules that may duplicate, regulations. Comments are also are resolved after the sale or exchange. overlap, or conflict with the proposed requested on the appropriate tax Issues may arise as to whether a regulations. treatment of a fund, account, or trust particular contingency is bona fide in at An explanation is provided below of that changes over time so that a different least two ways: whether the outcome is the burdens on small entities resulting portion of the proposed regulations sufficiently in doubt and whether the would apply to it. For example, an from the requirements of the proposed effect of the outcome on the fund is regulations. Also, a description is escrow initially may meet the significant. A contingency may not be requirements for a contingent at-closing provided of alternative rules that were bona fide if the parties can reasonably considered by the IRS and the Treasury escrow, but may subsequently satisfy be expected to know the outcome, e.g., the requirements for a DOF. This could Department but rejected as too a contingency based on whether, in ten burdensome. occur if a dispute were to arise between years, the consumer price index will be the purchaser and the seller concerning at least equal to the consumer price 1. Grantor Trust Election Under their respective interests in the escrow index today. In addition, a contingency § 1.468B–1(k) after the determination date and the may not be bona fide if the effect on the administrator of the DOF files an Under § 1.468B–1(k), the transferor to fund is minimal even though the a QSF may elect to have the QSF treated interpleader action to resolve the outcome is uncertain. dispute. as a grantor trust all of which is treated Finally, comments are requested as owned by the transferor (grantor trust Comments are also requested regarding whether there are other types concerning the appropriate tax election). If the transferor makes the of funds for which rules under section grantor trust election, the administrator treatment of a contingent-at-closing 468B are required. escrow if multiple contingencies are of the QSF must file Form 1041 rather specified in the agreement between the 7. Proposed Effective Date than the QSF income tax return, Form purchaser and the seller. The proposed In general, the regulations are 1120–SF. regulations provide that (1) the income proposed to be applicable for QSFs, Approximately 900 QSF returns are of a contingent at-closing escrow is qualified escrow accounts and qualified filed each year. Only a small number of taxable entirely to the purchaser prior to trusts, pre-closing escrows, contingent these returns are filed for newly created the determination date, and (2) the at-closing escrows, and DOFs QSFs. Because a grantor trust election determination date is the date on which established after the date final may be made only for the year in which (or by which) the last of the contingent regulations are published in the Federal a QSF is established, and may only be events has either occurred or failed to Register. However, the proposed made for a QSF that has one transferor, occur. Therefore, if multiple regulations contain transition rules. the IRS and Treasury Department contingencies are provided for in the believe that a very small number of agreement between the parties and Special Analyses grantor trust elections will be made each some, but not all, of the contingencies It has been determined that this notice year. have been resolved, the proposed of proposed rulemaking is not a Because of the availability of the regulations provide that the income of significant regulatory action as defined grantor trust election, the proposed the escrow is taxable entirely to the in EO 12866. Therefore, a regulatory regulations provide a choice of filing purchaser (because the determination assessment is not required. It also has Form 1041 or Form 1120–SF in certain date has not yet occurred) regardless of been determined that section 553(b) of situations. Small entities may choose the effect of the contingencies that have the Administrative Procedure Act (5 the filing requirement that is less been resolved. The purchaser is thus U.S.C. chapter 5) does not apply to these burdensome. taxed on all the income earned on the regulations. Pursuant to section 7805(f) The alternative to the proposed escrow even though it may be known of the Internal Revenue Code, this regulations is to retain the current rules (based on the resolution of one or more notice of proposed rulemaking will be for QSFs and not provide qualifying contingencies) that a fixed portion of the submitted to the Chief Counsel for taxpayers with the opportunity to make escrowed assets will be distributed to Advocacy of the Small Business a grantor trust election. Federal Register / Vol. 64, No. 20 / Monday, February 1, 1999 / Proposed Rules 4805

2. Qualified Escrow Accounts and alternative rule would not have proposed regulations. In addition, the Qualified Trusts Established in provided certainty, would have required proposed regulations provide taxpayers Connection With Deferred Exchanges; a difficult legal analysis (namely, the with the additional flexibility of being Pre-closing Escrows; and Contingent At- determination of the required tax able to request an alternative method of Closing Escrows treatment of the principal amount taxation if that method is more Sections 1.468B–6(e)(1), 1.468B–7(d), deposited into the escrow), and would appropriate than QSF or C corporation and 1.468B–8(g)(1) require specified have required the purchaser and seller treatment as provided under the general escrow holders, trustees, and to provide a signed statement to the rule. administrators to file Forms 1099 with administrator of the escrow identifying There are no known alternative rules the party to whom the administrator the IRS and furnish payee statements in that are less burdensome to small should report the income for the period accordance with the information entities but that accomplish the purpose before the determination date. Under reporting requirements of subpart B, of the statute. The IRS and Treasury the proposed regulations, the income of Part III, subchapter A, chapter 61, Department request comments from the escrow is always taxable to the Subtitle F of the Internal Revenue Code. small entities concerning possible purchaser for the period before the Also, § 1.468B–6(f) requires the alternatives to these rules. determination date, thereby eliminating parties to a qualified escrow account or the need for a signed statement to be Comments and Public Hearing qualified trust to provide a statement to provided to the administrator and the the escrow holder or trustee if the Before these proposed regulations are need to determine the required tax qualified intermediary or transferee has adopted as final regulations, treatment of the principal amount all the beneficial use and enjoyment of consideration will be given to any deposited into the escrow. This rule is the assets of the escrow account or trust. written comments (a signed original and simpler than the alternative. This statement facilitates the filing of eight (8) copies) or electronic comments Forms 1099 by the escrow holder or 3. Disputed Ownership Funds (DOFs) that are submitted timely (in the manner described in the ADDRESSES portion of trustee. Section 1.468B–9(c)(1) of the Similarly, § 1.468B–8(f) requires the the preamble) to the IRS. The IRS and proposed regulations generally provides Treasury Department request comments parties to a contingent at-closing escrow that a DOF is taxable as a QSF if all its to provide statements to the escrow on the clarity of the proposed rules and assets are passive investment assets or how they can be made easier to holder or other administrator. These taxable as a C corporation in all other understand. All comments will be statements facilitate the filing of Forms cases. However, the regulations also available for public inspection and 1099 by the escrow holder or other provide that if there is a more copying. administrator. appropriate method of taxing a DOF, the A public hearing is scheduled for May The IRS and Treasury Department claimants to the fund may request a 12, 1999, at 10 a.m. in Room 2615, estimate that annually there are private letter ruling to permit the use of approximately 16,000 deferred exchange that method. Internal Revenue Building, 1111 transactions involving the creation of a Section 1.468B–9(f)(3) of the proposed Constitution Avenue NW, Washington, qualified escrow account or qualified regulations requires that a transferor DC. Due to building security trust; approximately 200,000 provide a statement to the administrator procedures, visitors must enter at the transactions involving the creation of a of a DOF that itemizes the cash or 10th Street entrance, located between pre-closing escrow; and approximately property transferred to the DOF during Constitution and Pennsylvania 10,000 transactions involving the the calendar year. The statement must Avenues, NW. In addition, all visitors creation of a contingent at-closing also indicate the DOF’s basis and must present photo identification to escrow. holding period in the property. enter the building. Because of access As an alternative to the proposed The IRS and the Treasury Department restrictions, visitors will not be regulations, the IRS and the Treasury estimate that annually there are admitted beyond the immediate Department considered, but rejected as approximately 5,000 transactions entrance area more than 15 minutes too burdensome, a rule that would have involving the creation of a disputed before the hearing starts. For required the filing of grantor trust ownership fund. information about having your name returns (Form 1041) for qualified escrow As an alternative to the proposed placed on the building access list to accounts and qualified trusts, pre- regulations, the IRS and the Treasury attend the hearing, see the FOR FURTHER closing escrows, and contingent at- Department considered, but rejected as INFORMATION CONTACT section of this closing escrows. Instead of requiring too burdensome, a rule that would have preamble. grantor trust returns, the proposed required all DOFs to file corporate The rules of 26 CFR 601.601(a)(3) regulations require the filing of Forms income tax returns (Form 1120) apply to the hearing. 1099. This is less burdensome on small regardless of the nature of the assets Persons who wish to present oral entities because, unlike Form 1041, held by the DOF. This alternative was comments at the hearing must submit Form 1099 is simple, does not require rejected because it was concluded that written comments by May 3, 1999 and a signature, and requires only the a QSF return (Form 1120–SF) is more submit an outline of the topics to be reporting of gross income. appropriate than a corporate income tax discussed and the time devoted to each Further, the IRS and the Treasury return if all the assets of the DOF are topic (signed original and eight (8) Department considered an alternative passive investment assets. The proposed copies) by April 21, 1999. rule for contingent at-closing escrows regulations thus impose less of an A period of 10 minutes will be under which the income of the escrow administrative burden on small entities allotted to each person for making for the period before the determination than would have resulted from the comments. date would have been taxable to the alternative rule as Form 1120–SF is An agenda showing the scheduling of purchaser or the seller depending on the generally easier to prepare than Form the speakers will be prepared after the required tax treatment by the purchaser 1120. Only DOFs that hold assets other deadline for receiving outlines has and seller of the principal amount than passive investment assets will be passed. Copies of the agenda will be deposited into the escrow. This required to file Form 1120 under the available free of charge at the hearing. 4806 Federal Register / Vol. 64, No. 20 / Monday, February 1, 1999 / Proposed Rules

Drafting Information of publication of final regulations in the (i) In general. Federal Register. (ii) Exceptions. The principal author of these (2) Economic performance. § 1.468B–6 Qualified escrow accounts and proposed regulations is Michael L. (i) In general. qualified trusts used in deferred exchanges of Gompertz of the Office of Assistant (ii) Obligations of the transferor. like-kind property under section 1031(a)(3). Chief Counsel (Income Tax and (3) Statement to the disputed ownership Accounting). However, other personnel (a) Scope. fund and the Internal Revenue Service. from the IRS and Treasury Department (b) Definitions. (i) In general. participated in their development. (c) Income of qualified escrow account or (ii) Information required on statement. qualified trust. (A) In general. List of Subjects in 26 CFR Part 1 (1) In general. (B) Combined statements. (2) Transferee or qualified intermediary has (4) Distributions to transferors. Income taxes, Reporting and all the beneficial use and enjoyment of assets recordkeeping requirements. (i) In general. of a qualified escrow account or qualified (ii) Exception. Proposed Amendments to the trust. (iii) Deemed distributions. Regulations (d) Application of section 7872. (g) Distribution to a claimant other than a (e) Reporting obligations of the escrow transferor. Accordingly, 26 CFR part 1 is holder or trustee. (h) Effective date. proposed to be amended as follows: (1) In general. (1) In general. (2) Person treated as payee. (2) Transition rule. PART 1ÐINCOME TAXES (3) Relief from penalties for filing incorrect (i) [Reserved]. information return or payee statement. (j) Examples. Paragraph 1. The authority citation (f) Statement provided to escrow holder or for part 1 is amended by adding entries trustee. Par. 3. Section 1.468B–1 is amended in numerical order to read as follows: (g) Effective date. by redesignating paragraph (k) as (1) In general. Authority: 26 U.S.C. 7805 * * * paragraph (l) and adding a new (2) Transition rule. § 1.468B–6 also issued under 26 U.S.C. paragraph (k) to read as follows: (h) Examples. 468B. § 1.468B±1 Qualified settlement funds. § 1.468B–7 also issued under 26 U.S.C. § 1.468B–7 Pre-closing escrows. 468B. (a) Scope. * * * * * § 1.468B–8 also issued under 26 U.S.C. (b) Definition. (k) Election to treat a qualified 468B. (c) Taxation of pre-closing escrows. settlement fund as a subpart E trust—(1) § 1.468B–9 also issued under 26 U.S.C. (d) Reporting obligations of the In general. If a qualified settlement fund 468B. * * * administrator. has only one transferor (see paragraph Par. 2. Section 1.468B–0 is amended (e) Effective date. (d)(1) of this section for the definition of as follows: (1) In general. transferor), the transferor may make an 1. The introductory text is revised. (2) Transition rule. (f) Example. irrevocable election (grantor trust 2. The entry for § 1.468B–1, paragraph election) to treat the qualified settlement (k), is redesignated as paragraph (l). § 1.468B–8 Contingent at-closing escrows. fund as a trust all of which is treated as 3. A new entry for § 1.468B–1, (a) Scope. owned by the transferor under section paragraph (k), is added. (b) Definitions. 671 and the regulations thereunder. A 4. The section heading in the entry for (c) Tax liability of purchaser and seller for grantor trust election may be made § 1.468B–5 is revised. the period prior to the determination date. whether or not the qualified settlement 5. New entries are added for (d) Transfer of interest in the assets of the fund would be classified, in the absence §§ 1.468B–5, paragraph (c), 1.468B–6, escrow on the determination date. of paragraph (b) of this section, as a trust 1.468B–7, 1.468B–8, and 1.468B–9. (e) Tax liability of purchaser and seller for 6. The revised and added provisions the period beginning on the determination all of which is treated as owned by the read as follows: date. transferor under section 671 and the (f) Statement required to be provided to regulations thereunder. § 1.468B±0 Table of contents. administrator within 30 days after the (2) Manner of making grantor trust This section lists the table of contents determination date. election—(i) In general. To make a (g) Reporting obligations of the grantor trust election, a transferor must for §§ 1.468B–1 through 1.468B–9. administrator. attach an election statement satisfying § 1.468B–1 Qualified settlement funds. (1) In general. the requirements of paragraph (k)(2)(ii) * * * * * (2) Person treated as payee. (3) Relief from penalties for filing incorrect of this section to a timely filed (k) Election to treat a qualified settlement information return or payee statement. (including extensions) Form 1041 that fund as a subpart E trust. (h) Effective date. (1) In general. the administrator files on behalf of the (1) In general. (2) Manner of making grantor trust qualified settlement fund for the taxable (2) Transition rule. election. year in which the qualified settlement (i) [Reserved] (i) In general. fund is established. However, if a Form (j) Example. (ii) Requirements for election statement. 1041 would not otherwise be required to (3) Effect of making the election. § 1.468B–9 Disputed ownership funds. be filed (for example, because the * * * * * (a) In general. provisions of § 1.671–4(b) are (b) Definitions. applicable), then the transferor makes a § 1.468B–5 Effective dates and transition (c) Taxation of a disputed ownership fund. grantor trust election by attaching an rules applicable to qualified settlement (1) In general. funds. election statement satisfying the (2) Exception. requirements of paragraph (k)(2)(ii) of * * * * * (3) Special rules. this section to a timely filed (including (c) Grantor trust elections under § 1.468B– (d) Basis of property held by a disputed 1(k). ownership fund. extensions) income tax return of the (1) In general. (e) Request for prompt assessment. transferor for the taxable year in which (2) Qualified settlement funds established (f) Rules applicable to the transferor. the qualified settlement fund is by the U.S. government on or before the date (1) Transfer of property. established. Federal Register / Vol. 64, No. 20 / Monday, February 1, 1999 / Proposed Rules 4807

(ii) Requirements for election election under § 1.468B–1(k), and the has the beneficial use and enjoyment of statement. The election statement must election is effective for all taxable years assets of an account or trust and thus is include a statement by the transferor of the fund. the owner— that the transferor will treat the Par. 5. Sections 1.468B–6 through (i) Which person enjoys the use of the qualified settlement fund as a grantor 1.468B–9 are added to read as follows: earnings of the account or trust; trust. The election statement must also (ii) Which person receives the benefit § 1.468B±6 Qualified escrow accounts and from appreciation, if any, in the value include the transferor’s name, signature, qualified trusts used in deferred exchanges address, taxpayer identification number, of the assets of the account or trust; and of like-kind property under section (iii) Which person is subject to a risk and the legend, ‘‘§ 1.468B–1(k) 1031(a)(3). Election’’. The election statement and of loss from a decline, if any, in the (a) Scope. This section provides rules value of the assets of the account or the statement described in § 1.671–4(a) under section 468B(g) relating to the may be combined into a single trust. current taxation of income of a qualified (d) Application of section 7872. If the statement. escrow account or qualified trust (3) Effect of making the election. If a transferee or the qualified intermediary established in connection with a grantor trust election is made— is the owner under paragraph (c)(2) of deferred exchange under section (i) Paragraph (b) of this section, and this section, section 7872 may apply if 1031(a)(3). §§ 1.468B–2, 1.468B–3, and 1.468B–5 do the deferred exchange involves a below- (b) Definitions. As used in this not apply to the qualified settlement market loan from the taxpayer to the section, deferred exchange, relinquished fund. However, this section (except for owner. See section 7872(c)(1) for the property, replacement property, paragraph (b) of this section) and loans to which section 7872 applies. qualified escrow account, qualified § 1.468B–4 apply to the qualified (e) Reporting obligations of the escrow trust, qualified intermediary, exchange settlement fund; holder or trustee— (1) In general. The (ii) The qualified settlement fund is period, and escrow holder have the escrow holder of a qualified escrow treated for federal income tax purposes same meanings as in § 1.1031(k)–1. account and the trustee of a qualified as a trust all of which is treated as Also, as used in this section, taxpayer trust must, for each calendar year (or owned by the transferor under section means the transferor of the relinquished portion thereof) that the account or trust 671 and the regulations thereunder; property, and transferee means the is in existence, report the income of the (iii) The transferor must take into person who is treated as owning the account or trust on Forms 1099 in account in computing the transferor’s relinquished property for federal accordance with the information income tax liability all items of income, income tax purposes after its transfer by reporting requirements of subpart B, deduction, and credit (including capital the taxpayer. Further, owner means the Part III, subchapter A, chapter 61, gains and losses) of the qualified person treated as owning the assets of Subtitle F of the Internal Revenue Code. settlement fund in accordance with the qualified escrow account or The Forms 1099 must show the escrow § 1.671–3(a)(1); and qualified trust under paragraph (c) of holder or trustee as the payor and must (iv) The reporting obligations imposed this section. show the proper payee. See paragraph by § 1.671–4 on the trustee of a trust (c) Income of qualified escrow (e)(2) of this section for the apply to the administrator. account or qualified trust—(1) In determination of the proper payee. general. Except as otherwise provided * * * * * (2) Person treated as payee. In in paragraph (c)(2) of this section, and Par. 4. Section 1.468B–5 is amended satisfying the reporting obligations of except for purposes of determining by revising the section heading and paragraph (e)(1) of this section, the whether a transaction qualifies as a adding paragraph (c) to read as follows: following rules apply to the escrow deferred exchange, the taxpayer is the holder of a qualified escrow account § 1.468B±5 Effective dates and transition owner. Thus, the taxpayer must take and the trustee of a qualified trust— rules applicable to qualified settlement into account in computing the (i) If no written statement described in funds. taxpayer’s income tax liability all items paragraph (f) of this section is provided * * * * * of income, deduction, and credit to the escrow holder or trustee, the (c) Grantor trust elections under (including capital gains and losses) of escrow holder or trustee must treat the § 1.468B–1(k)—(1) In general. A the qualified escrow account or taxpayer as the owner and the payee of transferor may make a grantor trust qualified trust. the income of the account or trust; and election under § 1.468B–1(k) only if the (2) Transferee or qualified (ii) If a written statement described in qualified settlement fund is established intermediary has all the beneficial use paragraph (f) of this section is provided after the date of publication of final and enjoyment of assets of a qualified to the escrow holder or trustee, the regulations in the Federal Register. escrow account or qualified trust. If the escrow holder or trustee must treat the (2) Qualified settlement funds transferee or the qualified intermediary person specified on the statement (see established by the U.S. government on has all the beneficial use and enjoyment paragraph (f)(3) of this section) as the or before the date of publication of final of assets of a qualified escrow account owner and the payee of the income of regulations in the Federal Register. If or qualified trust, the transferee or the account or trust. the U.S. government, or any agency or qualified intermediary is the owner. (3) Relief from penalties for filing instrumentality thereof, establishes a Thus, the transferee or qualified incorrect information return or payee qualified settlement fund on or before intermediary must take into account in statement. For purposes of sections the date of publication of final computing its income tax liability all 6721 and 6722, the escrow holder of a regulations in the Federal Register, and items of income, deduction, and credit qualified escrow account or trustee of a the fund would have been classified as (including capital gains and losses) of qualified trust will not be treated as a trust all of which is treated as owned the account or trust. The following failing to file or furnish a correct by the U.S. government under section factors, and other relevant facts and information return or payee statement 671 and the regulations thereunder circumstances in a particular case, will solely because, in preparing a Form without regard to the regulations under be considered in determining whether 1099, the escrow holder or trustee relies section 468B, then the U.S. government the transferee or the qualified on a statement described in paragraph is deemed to have made a grantor trust intermediary, rather than the taxpayer, (f) of this section and therefore treats the 4808 Federal Register / Vol. 64, No. 20 / Monday, February 1, 1999 / Proposed Rules person specified on the statement (see (ii) Under the agreement, B must deposit $100,000 is invested in a money market fund paragraph (f)(3) of this section) as the cash into the qualified escrow account equal earning interest at 4.8 percent compounded owner and the payee of the income of to the agreed upon fair market value of the semiannually. During 1999, $1,600 of interest the account or trust. If a statement relinquished property on the date the is earned on the escrow account. During property is transferred to B. The agreement January 2000, an additional $400 of interest described in paragraph (f) of this section provides that the cash deposited into the is earned on the escrow account. On is not provided to the escrow holder or escrow account must be invested in a money February 1, 2000, QI uses $101,667 of the trustee, the escrow holder or trustee will market fund. funds in the escrow account to purchase not be treated as failing to file or furnish (iii) The agreement provides that B is replacement property, which is transferred to a correct information return or payee entitled to receive the interest earned on the T. This transfer satisfies QI’s obligations statement solely because, in preparing a escrow account in consideration for B’s under the agreement because $1,667 is the Form 1099, the escrow holder or trustee performance of services in connection with amount of interest that is earned on $100,000 relies on the absence of the statement the exchange. at 4 percent compounded semiannually for 5 (iv) On September 1, 1999, T transfers the and therefore treats the taxpayer as the months. Of the $2,000 in interest earned on relinquished property to B. The property is the escrow account in 1999 and 2000, $1,667 owner and the payee of the income of unencumbered and has a fair market value of is used to purchase replacement property, the account or trust. $100,000 on September 1, 1999. B deposits and the remaining $333 is paid in cash to QI (f) Statement provided to escrow $100,000 into a qualified escrow account. as compensation for QI’s services. holder or trustee. If under paragraph The $100,000 is invested in accordance with (iii) Paragraph (c)(1) of this section applies (c)(2) of this section, the qualified the exchange agreement in a money market and T must take into account in computing intermediary or transferee is the owner, fund. During 1999, $2,000 of interest is T’s income tax liability for 1999 and 2000 the the taxpayer and the owner must earned on the escrow account. During $2000 of interest earned on the escrow January 2000, an additional $400 of interest account in those years even though $333 of furnish to the escrow holder or trustee is earned on the escrow account. On a statement that— the interest is paid to QI as compensation for February 1, 2000, B uses $100,000 of the QI’s services. (1) Is signed by the taxpayer and the funds in the escrow account to purchase (iv) The escrow holder must file Forms owner; replacement property identified by T, and on 1099 and furnish T with payee statements (2) Is furnished to the escrow holder this same date B transfers the replacement with respect to the $2000 of interest earned or trustee within 30 days after the property to T. The interest earned on the on the escrow in 1999 and 2000. See taxpayer transfers the relinquished escrow account, $2,400, is paid to B from the paragraph (e)(1) of this section. property; and escrow account in consideration for B’s performance of services. § 1.468B±7 Pre-closing escrows. (3) Specifies the person treated as the (v) Paragraph (c)(1) of this section applies owner and thus as the payee of the (a) Scope. This section provides rules and T must take into account in computing under section 468B(g) for the taxation of income of the account or trust. T’s income tax liability for 1999 and 2000 the (g) Effective date—(1) In general. This income earned on pre-closing escrows. $2400 of interest earned on the escrow (b) Definition. A pre-closing escrow is section applies to qualified escrow account in those years even though the interest is paid to B as compensation for B’s an escrow account, trust, or fund— accounts and qualified trusts (1) Established in connection with the established after the date of publication services. Paragraph (c)(1) of this section applies for the following reasons. T, rather sale or exchange of real or personal of final regulations in the Federal property; Register. than B, enjoys the use of the earnings of the escrow account since the earnings are used (2) Funded with a down payment, (2) Transition rule. With respect to a to discharge T’s obligation to pay B for B’s earnest money, or similar payment that qualified escrow account or qualified services. B is not considered to have all the is deposited into the escrow prior to the trust established after August 16, 1986, beneficial use and enjoyment of the assets of sale or exchange of the property; but on or before the date of publication the escrow account merely because the (3) Used to secure the obligation of of final regulations in the Federal compensation that B is entitled to receive is the purchaser to pay the purchase price Register, the Internal Revenue Service based on the earnings of the escrow account. for the property (in the case of an (vi) The escrow holder must file Forms will not challenge a reasonable, exchange, purchaser means the consistently applied method of taxation 1099 for 1999 and 2000 and furnish T with payee statements with respect to the interest transferee of the property, and purchase for income earned by the account or earned on the escrow in 1999 and 2000. See price means the required consideration trust. The Internal Revenue Service will paragraph (e)(1) of this section. for the property); also not challenge a reasonable, Example 2. (i) The facts are the same as in (4) The assets of which, including the consistently applied method for Example 1 except that the agreement income earned thereon, will be paid to reporting such income. between B and T requires B to pay $100,000 the purchaser or otherwise distributed (h) Examples. The provisions of this to QI; under the agreement between T and QI, for the purchaser’s benefit when the section may be illustrated by the QI is obligated to transfer to T within the property is sold or exchanged (for following examples in which T is the exchange period consideration (cash or example, by being distributed to the taxpayer, B is the transferee, and QI is replacement property or both) equal to $100,000 plus interest thereon at 4 percent seller as a credit against the purchase the qualified intermediary: compounded semiannually; QI’s obligation to price); and Example 1. (i) T uses the calendar year as transfer this consideration is secured by the (5) Which is not a qualified escrow the taxable year and the cash receipts and $100,000 received from B, which QI must account or qualified trust established in disbursements method of accounting. T deposit into a qualified escrow account; the connection with a deferred exchange enters into a deferred exchange agreement assets of the escrow account must be invested under section 1031(a)(3). with B. Under the agreement, T will transfer in a money market fund; and, as (c) Taxation of pre-closing escrows. property (the relinquished property) to B, compensation for QI’s performance of The purchaser is treated for federal and B must transfer to T within the exchange services to facilitate the deferred exchange, income tax purposes as owning the period consideration (cash or replacement QI is entitled to receive the excess of the assets of a pre-closing escrow. Thus, the property or both) having the same market interest earned on the escrow account over value as that of the relinquished property. B’s the amount of interest (computed at 4 percent purchaser must take into account in obligations under the agreement are secured compounded semiannually) payable to T in computing the purchaser’s income tax by the assets of a qualified escrow account. cash or property. liability all items of income, deduction, The deferred exchange does not involve the (ii) QI deposits the $100,000 received from and credit (including capital gains and use of a qualified intermediary. B into a qualified escrow account, and the losses) of the escrow. Federal Register / Vol. 64, No. 20 / Monday, February 1, 1999 / Proposed Rules 4809

(d) Reporting obligations of the account, trust, or fund (the purchaser or purchaser to the seller or from the seller administrator. For each calendar year the seller may be the administrator); to the purchaser, or the tax (or portion thereof) that a pre-closing Contingent at-closing escrow means consequences of such a transfer. Thus, escrow is in existence, the escrow agent, an escrow account, trust, or fund that for example, if there is a transfer of escrow holder, trustee, or other person satisfies the following requirements— ownership of the assets of the escrow responsible for administering the (1) The escrow is established in from the purchaser to the seller on the escrow (the administrator) must report connection with the sale or exchange determination date for purposes of other the income of the escrow on Forms 1099 (other than an exchange to which Code sections, no inference should be in accordance with the information section 354, 355, or 356 applies) of real drawn from this section whether any reporting requirements of subpart B, or personal property used in a trade or portion of the amount transferred is Part III, subchapter A, chapter 61, business or held for investment unstated interest. See § 1.483–4. Subtitle F of the Internal Revenue Code. (including stock in a corporation or an (e) Tax liability of purchaser and The Form 1099 must show the interest in a partnership); seller for the period beginning on the administrator as the payor and the (2) Depending on whether events determination date. For the period purchaser as the payee. specified in the agreement between the beginning on the determination date, (e) Effective date—(1) In general. The purchaser and the seller that are subject the purchaser and the seller must each provisions of this section apply to pre- to bona fide contingencies (not take into account in determining their closing escrows established after the including events that are certain, or income tax liabilities the income, date of publication of final regulations reasonably certain, to occur, such as the deductions, and credits (including in the Federal Register. passage of time, or that are certain, or capital gains and losses) corresponding (2) Transition rule. With respect to a reasonably certain, not to occur) either to their ownership interests in the assets pre-closing escrow established after occur or fail to occur, the escrow’s of the escrow. August 16, 1986, but on or before the assets (except for assets set aside for (f) Statement required to be provided date of publication of final regulations taxes or expenses) will be to administrator within 30 days after the in the Federal Register, the Internal distributable— determination date. Within 30 days after Revenue Service will not challenge a (i) Entirely to the purchaser; the determination date, the purchaser reasonable, consistently applied method (ii) Entirely to the seller; or and the seller must provide the of taxation for income earned by the (iii) In part, to the purchaser with the administrator with a written statement escrow. The Internal Revenue Service remainder to the seller; and that— will also not challenge a reasonable, (3) The escrow is not a qualified (1) Is signed by the purchaser and the consistently applied method for escrow account or qualified trust seller; reporting such income. established in connection with a (2) Specifies the determination date; (f) Example. The provisions of this deferred exchange under section and section may be illustrated by the 1031(a)(3); (3) Specifies the purchaser’s and following example: Determination date means the date on seller’s ownership interests in each asset which (or by which) the last of the of the escrow. Example. P enters into a contract with S for events subject to a bona fide (g) Reporting obligations of the the purchase of residential property owned by S for the price of $200,000. P is required contingency specified in the agreement administrator—(1) In general. The to deposit $10,000 of earnest money into an between the purchaser and the seller administrator of a contingent at-closing escrow. At closing, the $10,000 and the (referred to in the definition of escrow must, for each calendar year (or interest earned thereon will be credited contingent at-closing escrow) has either portion thereof) that the escrow is in against the purchase price of the property. occurred or failed to occur; existence, report the income of the The escrow is a pre-closing escrow. P is Purchaser means, in the case of an escrow on Forms 1099 in accordance treated as owning the assets of the escrow, exchange of property, the transferee of with the information reporting and P is taxable on the interest earned on the the property; and requirements of subpart B, Part III, escrow prior to closing. The escrow holder Seller means, in the case of an subchapter A, chapter 61, Subtitle F of must report the income earned on the escrow exchange of property, the transferor of on Forms 1099 and furnish payee statements the Internal Revenue Code. The Forms to P. The Forms 1099 must show the escrow the property. 1099 must show as payor the holder as the payor and P as the payee. (c) Tax liability of purchaser and administrator of the escrow and as seller for the period prior to the payee the person (or persons) treated as § 1.468B±8 Contingent at-closing escrows. determination date. For the period prior the payee (or payees) under paragraph (a) Scope. This section provides rules to the determination date, the purchaser (g)(2) of this section. under section 468B(g) for the taxation of is treated as owning the assets of the (2) Person treated as payee. In income earned on a contingent at- contingent at-closing escrow for federal satisfying the reporting obligations of closing escrow, which is defined in income tax purposes. Thus, in paragraph (g)(1) of this section, the paragraph (b) of this section. No computing the purchaser’s income tax following rules apply to the inference should be drawn from this liability, the purchaser must take into administrator— section concerning the tax treatment of account all items of income, deduction, (i) For the period prior to the a contingent at-closing escrow, or of and credit (including capital gains and determination date, the administrator parties to the escrow, under sections of losses) of the escrow until the must treat the purchaser as the payee of the Internal Revenue Code other than determination date. the income of the escrow; section 468B. See also paragraph (d) of (d) Transfer of interest in the assets of (ii) For the period beginning on the this section. the escrow on the determination date. determination date, if the written (b) Definitions. For purposes of this No inference should be drawn from this statement described in paragraph (f) of section, the following definitions section whether, for purposes of Internal this section is timely provided to the apply— Revenue Code sections other than 468B, administrator, the administrator must Administrator means an escrow agent, there is a transfer of ownership of the treat as the payee (or payees) of the escrow holder, trustee, or other person assets of a contingent at-closing escrow income of the escrow the purchaser or responsible for administering an escrow on the determination date from the seller (or both) in accordance with their 4810 Federal Register / Vol. 64, No. 20 / Monday, February 1, 1999 / Proposed Rules respective ownership interests as shown period ending on September 30, 2000, (1) Administrator means the person on the statement; and exceeds one or more specified earnings designated as such by the court having (iii) If the written statement described targets. jurisdiction over a disputed ownership in paragraph (f) of this section is not (iii) According to the terms of the contract, fund. If no person is designated, the provided to the administrator, the the income earned on the escrow must be accumulated and is not currently administrator is the escrow agent, administrator must continue to treat the distributable to P or S during the period prior escrow holder, trustee, receiver, or other purchaser as the payee of the income of to November 1, 2000. person responsible for administering the the escrow. (iv) During the testing period specified in fund; (3) Relief from penalties for filing the contract between P and S, the average (2) Claimant means a person, incorrect information return or payee rental income earned on the property exceeds including a transferor, who claims statement. For purposes of sections one (but not all) of the specified earnings ownership of, or a legal or equitable 6721 and 6722, the administrator will targets. As a result, on September 30, 2000, interest in, money or property held by not be treated as failing to file or furnish the end of the testing period, P became a disputed ownership fund; entitled to 40% of the escrow assets and S a correct information return or payee (3) Court means a court of law or statement solely because, in preparing a became entitled to 60% of the escrow assets. (v) On October 30, 2000, P and S provide equity of the United States, any state Form 1099, the administrator relies on H with the written statement described in (including the District of Columbia), a statement described in paragraph (f) of paragraph (f) of this section. The written territory, possession, or political this section and therefore treats the statement is thus provided within 30 days of subdivision thereof; purchaser or seller (or both) as the payee September 30, 2000. The statement indicates (4) Related person means any person (or payees) of the income of the escrow that P’s ownership interest in each asset of who is related to the transferor within in accordance with their respective the escrow is 40 percent and S’s ownership the meaning of section 267(b) or ownership interests in the assets of the interest in each asset is 60 percent. (vi) The escrow is a contingent at-closing 707(b)(1); escrow as shown on the statement. If a (5) Transferor means, in general, a statement described in paragraph (f) of escrow. September 30, 2000, is the determination date because this is the date person that transfers to a disputed this section is not provided to the on which the testing period ends. As of this ownership fund money or property that administrator, the administrator will not date, all contingencies specified in the is subject to conflicting claims of be treated as failing to file or furnish a contract are resolved. claimants. However, a payor of interest correct information return or payee (vii) P must take into account all of the or other income earned by a disputed statement solely because, in preparing a income, deductions, and credits (including ownership fund is not a transferor Form 1099, the administrator relies on capital gains and losses) of the escrow in (unless the payor is also a claimant). A computing P’s income tax liability for the the absence of the statement and transferor may also be a claimant. therefore treats the purchaser as the period prior to September 30, 2000. See paragraph (c) of this section. (c) Taxation of a disputed ownership payee. fund—(1) In general. For federal income (h) Effective date—(1) In general. The (viii) For the period beginning on September 30, 2000, P must take into account tax purposes, a disputed ownership provisions of this section apply to in computing P’s income tax liability 40 fund is treated as the owner of all assets contingent at-closing escrows that are percent of each item of income, deduction, that it holds. A disputed ownership established after the date of publication and credit of the escrow (including capital fund is treated as a C corporation for of final regulations in the Federal gains and losses), and S must take into purposes of subtitle F of the Internal Register. account in computing S’s income tax liability Revenue Code, and the administrator of 60 percent of these items. See paragraph (e) (2) Transition rule. With respect to a the fund must obtain an employer contingent at-closing escrow established of this section. (ix) H is subject to the information identification number for the fund, after August 16, 1986, but on or before make all required income tax and the date of publication of final reporting requirements of paragraph (g)(1) of this section. H must file Forms 1099 and information returns, and deposit all regulations in the Federal Register, the furnish payee statements to reflect the fact payments of tax. Also, except as Internal Revenue Service will not that prior to September 30, 2000, P is the otherwise provided in this section, a challenge a reasonable, consistently payee of all the income of the escrow, and disputed ownership fund is taxable as if applied method of taxation for income for the period beginning on September 30, it were either— earned by the escrow. The Internal 2000, P is the payee of 40 percent of the (i) A qualified settlement fund under Revenue Service will also not challenge income, and S is the payee of 60 percent of § 1.468B–2 if all the assets transferred to a reasonable, consistently applied the income. the fund by or on behalf of transferors method for reporting such income. § 1.468B±9 Disputed ownership funds. are passive investment assets, for (i) [Reserved] (j) Example. The provisions of this (a) In general. An escrow account, example, cash or cash equivalents, section may be illustrated by the trust, or fund that is not a qualified stock, and debt obligations; or following example: settlement fund is a disputed ownership (ii) A C corporation in all other cases. fund if— (2) Exception. If there is a more Example. (i) P and S are corporations. In appropriate method of taxing a disputed 1999, P enters into a contract with S for the (1) It is established to hold money or purchase of rental real estate. On October 1, property subject to conflicting claims of ownership fund than as provided in 1999, the date of sale, S transfers the real ownership; paragraph (c)(1) of this section, the estate to P, and P pays S a portion of the (2) The escrow account, trust, or fund claimants to the fund may submit a purchase price, $9,000,000. P deposits the is subject to the continuing jurisdiction private letter ruling request proposing remaining portion of the purchase price, of a court; and an alternative method of taxation. $850,000, into an escrow account as required (3) Money or property cannot be paid (3) Special rules. (i) In general, money by the contract. H is the escrow holder. or distributed from the escrow account, or property subject to conflicting claims (ii) The contract provides that the escrow of claimants (disputed property) that is balance as of November 1, 2000, is payable trust, or fund to, or on behalf of, a entirely to P, entirely to S, or partially to P claimant or a transferor without the transferred to a disputed ownership and partially to S depending on the amount, approval of the court. fund by, or on behalf of, a transferor is if any, by which the average rental income (b) Definitions. For purposes of this excluded from the gross income of the from the real estate during a specified testing section— fund. However, this exclusion does not Federal Register / Vol. 64, No. 20 / Monday, February 1, 1999 / Proposed Rules 4811 apply to income earned on assets of the in the property is the same as the basis obligation (or the obligation of a related fund such as— of the transferor immediately before the person) to provide property in the future (A) Payments to a disputed ownership transfer to the fund. or to make a payment described in fund made in compensation for late or (e) Request for prompt assessment. A § 1.461–4(g). Instead, economic delayed transfers of money or property; disputed ownership fund is eligible to performance occurs with respect to such (B) Dividends on stock of a transferor request the prompt assessment of tax an obligation as property or payments (or a related person) held by the fund; under section 6501(d). For purposes of are provided or made to the disputed and section 6501(d), a disputed ownership ownership fund or a claimant. (C) Interest on debt of a transferor (or fund is treated as dissolving on the date (3) Statement to the disputed a related person) held by the fund. the fund no longer has any assets (other ownership fund and the Internal (ii) A distribution to a claimant of than a reasonable reserve for potential Revenue Service—(i) In general. By disputed property by a disputed tax liabilities and related professional February 15 of the year following each ownership fund is not a taxable event to fees) and will not receive any more calendar year in which a transferor (or the fund. transfers. other person acting on behalf of a (iii) A disputed ownership fund is not (f) Rules applicable to the transferor— transferor) makes a transfer to a allowed a deduction for a distribution of (1) Transfer of property—(i) In general. disputed ownership fund, the transferor disputed property to, or on behalf of, a A transferor must treat a transfer of (or other person) must provide a transferor or a claimant. property to a disputed ownership fund statement to the administrator of the (iv) Upon the termination of a as a sale or other disposition of that fund setting forth the information disputed ownership fund, if the fund property for purposes of section 1001(a). described in paragraph (f)(3)(ii) of this has an unused net operating loss In computing the gain or loss, the section. The transferor must attach a carryover under section 172, an unused amount realized by the transferor is the copy of the statement to (and as part of) capital loss carryover under section fair market value of the property on the its timely filed income tax return 1212, or an unused tax credit carryover, date the transfer is made to the disputed (including extensions) for the taxable or if the fund has, for its last taxable ownership fund. year of the transferor in which the year, deductions in excess of gross (ii) Exceptions. A transfer of property transfer is made. income, the claimant to whom the to a disputed ownership fund is not a (ii) Information required on fund’s net assets are distributable will sale or other disposition of the property statement—(A) In general. The succeed to and take into account the for purposes of section 1001(a) if— statement required by paragraph (f)(3)(i) fund’s unused net operating loss (A) The transferor claims ownership of this section must include the carryover, unused capital loss carryover, of the transferred property immediately following information— unused tax credit carryover, or excess of before and immediately after the (1) A legend, ‘‘§ 1.468B–9(f) deductions over gross income for the transfer to the fund; or Statement’’, at the top of the first page; last taxable year of the fund. If the (B) The transferor is an agent, (2) The transferor’s name, address, fund’s net assets are distributable to fiduciary, or other person acting in a and taxpayer identification number; more than one claimant, the unused net similar capacity acting on behalf of a (3) The disputed ownership fund’s operating loss carryover, unused capital person claiming ownership of the name, address, and employer loss carryover, unused tax credit transferred property immediately before identification number; carryover, or excess of deductions over and immediately after the transfer to the (4) The date of each transfer; gross income for the last taxable year fund. (5) The amount of cash transferred; must be allocated among the claimants (2) Economic performance—(i) In (6) A description of property in proportion to the value of the assets general. For purposes of section 461(h), transferred, the disputed ownership distributable to each claimant from the if a transferor has a liability to one or fund’s basis in the property as provided fund. more claimants for which economic in paragraph (d) of this section, and, if (v) In the case of a disputed performance would otherwise occur the rules of paragraph (f)(1)(ii) of this ownership fund taxable as if it were a under § 1.461–4(g) when the transferor section apply, the fund’s holding period C corporation under paragraph (c)(1)(ii) makes a payment to the claimant or on the date of transfer; and of this section, this section does not, in claimants, economic performance (7) Whether or not the transferor is general, restrict the fund’s use of an occurs with respect to the liability to the also a claimant. otherwise allowable method of extent the transferor makes a transfer to (B) Combined statements. If a accounting or taxable year. a disputed ownership fund to resolve or disputed ownership fund has more than (vi) Appropriate adjustments must be satisfy that liability, but only if the one transferor, any two or more of the made by a disputed ownership fund or transferor and related persons are not transferors may provide a combined transferors to the fund to prevent the claimants and have no right to receive statement to the administrator that does fund and the transferors from taking payments or distributions from the not identify the amount of cash or the into account the same item of income, fund. property transferred by a particular deduction, gain, loss, or credit more (ii) Obligations of the transferor. With transferor. If a combined statement is than once or from omitting such items. respect to a transferor described in used, however, each transferor must (d) Basis of property held by a paragraph (f)(2)(i) of this section, include with its copy of the statement disputed ownership fund. In general, the economic performance does not occur that is attached to its income tax return initial basis of property transferred by, when the transferor transfers to a a schedule describing each asset that the or on behalf of, a transferor to a disputed ownership fund its debt (or the transferor transferred to the disputed disputed ownership fund is the fair debt of a related person). Instead, ownership fund. market value of the property on the date economic performance occurs as the (4) Distributions to transferors—(i) In of transfer to the fund as determined by transferor (or related person) makes general. A transferor must include in the transferor for purposes of the rules principal payments on the debt. gross income any distribution to a in paragraph (f)(1)(i) of this section. Similarly, economic performance does transferor (including a deemed However, if paragraph (f)(1)(ii) of this not occur when the transferor transfers distribution described in paragraph section applies, the fund’s initial basis to a disputed ownership fund its (f)(4)(iii) of this section) from a disputed 4812 Federal Register / Vol. 64, No. 20 / Monday, February 1, 1999 / Proposed Rules ownership fund. If property is Example 1. (i) Prior to A’s death, A was the (vii) The fund is not allowed a deduction distributed, the amount includible in insured under a life insurance contract for the distribution to B of the rent earned on gross income and the basis in that (policy) issued by X, an insurance company. the property while held by the fund (or the property is generally the fair market A’s current spouse and A’s former spouse income earned thereon). No tax each claim to be the beneficiary under the consequences to the fund result from this value of the property on the date of policy and thus entitled to the policy distribution or from the fund’s transfer of the distribution. proceeds ($1 million). In 1999, X files an rental property to B pursuant to the court’s (ii) Exception. The gross income of a interpleader action and deposits the policy determination that B owns the property. transferor does not include a proceeds into the registry of the court. On distribution to the transferor of property June 1, 2000, a final determination is made Par. 6. Section 1.1031(k)–1 is from a disputed ownership fund if the that A’s current spouse is the beneficiary amended by adding a sentence at the transferor previously transferred the under the policy and thus entitled to the end of paragraphs (g)(3)(i) and (h)(2) to property to the fund and paragraph funds held in the registry of the court. These read as follows: funds are distributed to A’s current spouse. (f)(1)(ii) of this section applied to that (ii) The funds held in the registry of the § 1.1031(k)±1 Treatment of deferred transfer. Also, the transferor’s gross court consisting of the policy proceeds and exchanges. income does not include a distribution the earnings thereon are a disputed * * * * * of money from the disputed ownership ownership fund taxable as if it were a (g) * * * fund equal to the net income earned on qualified settlement fund. See paragraph (3) * * * (i) * * * For rules under that property while it was held by the (c)(1)(i) of this section. The fund’s gross section 468B(g) relating to the current income does not include the $1 million fund. Further, the transferor’s basis in taxation of income of a qualified escrow the property is the same as the disputed transferred to the fund by X. Example 2. (i) Two unrelated individuals, account or qualified trust, see § 1.468B– ownership fund’s basis in the property A and B, claim ownership of certain rental 6. immediately before the distribution to property. A claims to have purchased the * * * * * the transferor. property from B’s father. However, B asserts (h) * * * (iii) Deemed distributions. If a that the purported sale to A was ineffective (2) * * * For rules under section disputed ownership fund makes a and that B acquired ownership of the 468B(g) relating to the current taxation distribution on behalf of a transferor to property through intestate succession upon the death of B’s father. For several years, A of income of a qualified escrow account a person that is not a claimant, the or qualified trust, see § 1.468B–6. distribution is deemed made by the has maintained the property and received the rent from the property. * * * * * fund to the transferor. The transferor, in (ii) Pending the resolution of the title turn, is deemed to have made a payment Michael P. Dolan, dispute between A and B, the title to the Deputy Commissioner of Internal Revenue. to the actual recipient. property is transferred into a court- (g) Distribution to a claimant other supervised escrow on February 1, 2000. Also, [FR Doc. 99–1515 Filed 1–29–99; 8:45 am] than a transferor. Whether a claimant on that date the court appoints R as receiver BILLING CODE 4830±01±U other than a transferor must include in for the property. R collects the rent earned on gross income a distribution of money or the property and hires employees necessary property from a disputed ownership for the maintenance of the property. The DEPARTMENT OF TRANSPORTATION fund is generally determined by rents paid to R cannot be distributed to A or B without the court’s approval. Coast Guard reference to the claim in respect of (iii) On June 1, 2001, the court makes a which the distribution is made. If a final determination that the rental property is 33 CFR Part 100 disputed ownership fund distributes owned by B. The court orders B to refund to property to a claimant other than a A the purchase price paid by A to B’s father [CGD01±98±155] transferor in satisfaction of the plus interest on that amount from February RIN 2115±AE46 claimant’s claim of ownership to that 1, 2000. Also, the court orders that a property, the claimant’s basis in the distribution be made to B of all funds held Special Local Regulations: Hudson in the court registry consisting of the rent property must be adjusted to reflect the Valley Triathlon, Hudson River, adjustments to the basis of the property collected by R and the income earned thereon. In addition, title to the property is Kingston, New York required under section 1016 for the returned to B. AGENCY: Coast Guard, DOT. period the property was held by the (iv) The rental property and the funds held fund. by the court registry are held in a disputed ACTION: Notice of proposed rulemaking. (h) Effective date—(1) In general. This ownership fund. section applies to disputed ownership (v) A is the transferor to the fund. A does SUMMARY: The Coast Guard proposes to funds established after the date of not realize gain or loss under section 1001(a) establish permanent special local publication of final regulations in the on A’s transfer of the property to the regulations for the annual Hudson Federal Register. disputed ownership fund. Valley Triathlon. This action is (2) Transition rule. With respect to a (vi) The fund is taxable as if it were a C necessary to provide for the safety of life corporation because the rental property is not on navigable waters during the event. disputed ownership fund established a passive investment asset. See paragraph after August 16, 1986, but on or before This event is intended to restrict vessel (c)(1)(ii) of this section. The fund is not traffic in the Hudson River, in the the date of publication of final taxable upon receipt of the property. The regulations in the Federal Register, the fund’s initial basis in the property is the vicinity of Kingston Point Reach. Internal Revenue Service will not same as A’s adjusted basis immediately DATES: Comments must be received on challenge a reasonable, consistently before the transfer to the fund. The fund’s or before April 2, 1999. applied method of taxation for income gross income includes the rents paid to R and ADDRESSES: Comments may be mailed to earned by the fund, transfers to the the income earned thereon. For the period the Waterways Oversight Branch fund, and distributions made by the between February 1, 2000, and June 1, 2001, the fund may be allowed deductions for (CGD01–98–155), Coast Guard Activities fund. depreciation and for the costs of maintenance New York, 212 Coast Guard Drive, (i) [Reserved]. of the property because the fund is treated as Staten Island, New York 10305, or (j) Examples. The following examples owning the property during this period. See deliver them to room 205 at the same illustrate the rules of this section: sections 162, 167, and 168. address between 8 a.m. and 3 p.m., Federal Register / Vol. 64, No. 20 / Monday, February 1, 1999 / Proposed Rules 4813

Monday through Friday, except Federal Point Reach, from just south of Lighted during the race, the effect of this holidays. Buoy 74 (LLNR 38285) north to Lighted regulation will not be significant for The Waterways Oversight Branch of Buoy 77 (LLNR 38300). The proposed several reasons: the limited duration on Coast Guard Activities New York regulation is effective annually from 7 a Sunday morning that the regulated maintains the public docket for this a.m. until 9 a.m. on the first Sunday area will be in effect, recreational rulemaking. Comments, and documents after July 4th. The proposed regulation vessels will be able to transit to the east as indicated in this preamble, will prohibits all vessels, swimmers, and of the regulated area, commercial become part of this docket and will be personal watercraft not participating in vessels can plan their transits up the available for inspection or copying at the event from transiting this portion of river around the time the regulated area room 205, Coast Guard Activities New the Hudson River during the race. It is is in effect as they will have advance York, between 8 a.m. and 3 p.m., needed to protect swimmers and boaters notice of the event, it is an annual event Monday through Friday, except Federal from the hazards associated with 500 with local support, and advance holidays. swimmers competing in a confined area notifications will be made to the local FOR FURTHER INFORMATION CONTACT: of the Hudson River. Recreational maritime community by the Local Lieutenant J. Lopez, Waterways vessels are not precluded from Notice to Mariners and marine Oversight Branch, Coast Guard transiting the Hudson River in the information broadcasts. Activities New York (718) 354–4193. vicinity of the regulated area because an alternate route is available. They can Small Entities SUPPLEMENTARY INFORMATION: transit on the east side of the Hudson Under the Regulatory Flexibility Act Request for Comments River and return to the west side at (5 U.S.C. 601 et seq.), the Coast Guard Ulster Landing or Turkey Point to the considers whether this proposed rule, if The Coast Guard encourages north, or at the mouth of Rondout Creek adopted, will have a significant interested persons to participate in this to the south of the local regulated area. economic impact on a substantial rulemaking by submitting written data, Recreational vessels can not simply number of small entities. ‘‘Small views, or arguments. Persons submitting transit around the area because there are entities’’ include small businesses, not- comments should include their names many mid-river shoals, with depths less for-profit organizations that are and addresses, identify this rulemaking then 3 feet, north of the local regulated independently owned and operated and (CGD01–98–155) and the specific area. Commercial vessels will be are not dominant in their fields, and section of this document to which each precluded from transiting the area governmental jurisdictions with comment applies, and give the reason because the local regulated area populations of less than 50,000. for each comment. Please submit two encompasses 1,800 yards of Kingston For the reasons stated in the copies of all comments and attachments Point Reach and there is no viable Regulatory Evaluation section above, the in an unbound format, no larger than alternative route. Coast Guard certifies under 5 U.S.C. 81⁄2 by 11 inches, suitable for copying Discussion of Proposed Rule 605(b) that this proposed rule, if and electronic filing. Persons wanting adopted, will not have a significant acknowledgment of receipt of comments The proposed special local regulation economic impact on a substantial should enclose stamped, self-addressed is for the annual Hudson Valley number of small entities. If, however, postcards or envelopes. Triathlon held on the Hudson River in you think that your business or The Coast Guard will consider all the vicinity of Kingston Point Reach. organization qualifies as a small entity comments received during the comment This event is held annually on the first and that this proposed rule will have a period. It may change this proposed rule Sunday after July 4th. This rule is being significant economic impact on your in view of the comments. proposed to provide for the safety of life business or organization, please submit The Coast Guard plans no public on navigable waters during the event, to a comment (see ADDRESSES) explaining hearing. Persons may request a public give the marine community the why you think it qualifies and in what hearing by writing to the Waterways opportunity to comment on the way and to what degree this proposed Oversight Branch at the address under regulated area, and to decrease the rule will economically affect it. ADDRESSES. The request should include amount of annual paperwork required the reasons why a hearing would be for this event. Collection of Information beneficial. If it determines that the Regulatory Evaluation This proposed rule does not provide opportunity for oral presentations will for a collection of information under the aid this rulemaking, the Coast Guard This proposed rule is not a significant Paperwork Reduction Act of 1995 (44 will hold a public hearing at a time and regulatory action under section 3(f) of U.S.C. 3501 et seq.). place announced by a later notice in the Executive Order 12866 and does not Federal Register. require an assessment of potential costs Federalism and benefits under section 6(a)(3) of that Background and Purpose The Coast Guard has analyzed this Order. It has not been reviewed by the proposed rule under the principles and The New York Triathlon Club Office of Management and Budget under criteria contained in Executive Order sponsors this annual triathlon with that Order. It is not significant under the 12612 and has determined that this approximately 500 swimmers regulatory policies and procedures of proposed rule does not have sufficient competing in this event. The sponsor the Department of Transportation (DOT) implications for federalism to warrant expects no spectator craft for this event. (44 FR 11040; February 26, 1979). the preparation of a Federalism The race will take place on the Hudson The Coast Guard expects the Assessment. River in the vicinity of Kingston Point economic impact of this proposed rule Reach. The regulated area encompasses to be so minimal that a full Regulatory Unfunded Mandates all waters of the Hudson River within a Evaluation under paragraph 10e of the Under the Unfunded Mandates 1000 yard radius of approximate regulatory policies and procedures of Reform Act of 1995 (Pub. L. 104–4), the position 41°56′06′′ N 073°57′57′′ W DOT is unnecessary. Although this Coast Guard must consider whether this (NAD 1983). This area encompasses regulation prevents traffic from rule will result in an annual approximately 1,800 yards of Kingston transiting a portion of the Hudson River expenditure by state, local, and tribal 4814 Federal Register / Vol. 64, No. 20 / Monday, February 1, 1999 / Proposed Rules governments, in the aggregate of $100 include commissioned, warrant, and SUPPLEMENTARY INFORMATION: million (adjusted annually for inflation). petty officers of the Coast Guard. Upon Request for Comments If so, the Act requires that a reasonable being hailed by a U.S. Coast Guard number of regulatory alternatives be vessel via siren, radio, flashing light, or The Coast Guard encourages considered, and that from those other means, the operator of a vessel interested persons to participate in this alternatives, the least costly, most cost- shall proceed as directed. rulemaking by submitting written data, effective, or least burdensome (c) Effective period. This section is in views, or arguments. Persons submitting alternative that achieves the objective of effect annually from 7 a.m. until 9 a.m. comments should include their names the rule be selected. No state, local, or on the first Sunday after July 4th. and addresses, identify this rulemaking tribal government entities will be (CGD01–98–163) and the specific Dated: January 20, 1999. affected by this rule, so this rule will not section of this document to which each result in annual or aggregate costs of R.M. Larrabee, comment applies, and give the reason $100 million or more. Therefore, the Rear Admiral, U.S. Coast Guard, Commander, for each comment. please submit two Coast Guard is exempt from any further First Coast Guard District. copies of all comments and attachments regulatory requirements under the [FR Doc. 99–2275 Filed 1–29–99; 8:45 am] in an unbound format, no larger than Unfunded Mandates Act. BILLING CODE 4910±15±M 81⁄2 by 11 inches, suitable for copying and electronic filing. Persons wanting Environment acknowledgment of receipt of comments The Coast Guard considered the DEPARTMENT OF TRANSPORTATION should enclose stamped, self-addressed environmental impact of this proposed Coast Guard postcards or envelopes. rule and concluded that under figure 2– The Coast Guard will consider all 1, paragraph 34(g), of Commandant 33 CFR Part 100 comments received during the comment Instruction M16475.1C, this proposed period. It may change this proposed rule rule is categorically excluded from [CGD01±98±163] in view of the comments. further environmental documentation. The Coast Guard plans no public A ‘‘Categorical Exclusion Special Local Regulations: Fleet's hearing. Persons may request a public Determination’’ is available in the Albany Riverfest, Hudson River, New hearing by writing to the Waterways docket for inspection or copying where York Oversight Branch at the address under indicated under ADDRESSES. ADDRESSES. The request should include AGENCY: List of Subjects in 33 CFR Part 100 Coast Guard, DOT. the reasons why a hearing would be ACTION: Notice of proposed rulemaking. beneficial. If it determines that the Marine safety, Navigation (water), opportunity for oral presentations will Reporting and recordkeeping SUMMARY: The Coast Guard proposed to aid this rulemaking, the Coast Guard requirements, Waterways. establish permanent special local will hold a public hearing at a time and Proposed Regulation regulations for the annual Fleet’s place announced by a later notice in the Albany Riverfest. This action is For the reasons discussed in the Federal Register. necessary to provide for the safety of life preamble, the Coast Guard proposes to on navigable waters during the event. Background and Purpose amend 33 CFR Part 100 as follows: This action is intended to restrict vessel The city of Albany sponsors this PART 100Ð[AMENDED] traffic in the Hudson River, in the annual festival which includes a water vicinity of Albany, New York. ski show, speedboat demonstration, and 1. The authority citation for Part 100 DATES: Comments must be received on other marine activities on the Hudson continues to read as follows: or before April 2, 1999. River. The sponsor expects no spectator Authority: 33 U.S.C. 1233 through 1236; 49 craft for this event. The regulated area ADDRESSES: Comments may be mailed to CFR 1.46; 33 CFR 100.35. for this festival encompasses all waters the Waterways Oversight Branch 2. Add § 100.121 to read as follows: of the Hudson River from the Dunn (CGD01–98–163), Coast Guard Activities Memorial Bridge (river mile 145.4) to § 100.121 Hudson Valley Triathlon, New York, 212 Coast Guard Drive, the Albany Rensselaer Swing Bridge Hudson River, Kingston, New York. Staten Island, New York 10305, or (river mile 146.2). The proposed deliver them to room 205 at the same (a) Regulated Area. All waters of the regulation is effective annually from 12 address between 8 a.m. and 3 p.m., Hudson River within a 1000 yard radius p.m. until 4 p.m. on the third Saturday Monday through Friday, except Federal of approximate position 41°56′06′′ N and Sunday of July. The proposed holidays. 073°57′57′′ W (NAD 1983). This area regulation prohibits all vessels, encompasses approximately 1,800 yards The Waterways Oversight Branch of swimmers, and personal watercraft not of Kingston Point Reach, from just south Coast Guard Activities New York participating in the event from of Lighted Buoy 74 (LLNR 38285) north maintains the public docket for this transiting this portion of the Hudson to Lighted Buoy 77 (LLNR 38300). rulemaking. Comments, and documents River during the festival. It is needed to (b) Regulations. (1) Vessels, as indicated in this preamble, will protect boaters from the hazards swimmers, and personal watercraft of become part of this docket and will be associated with a water ski show, any nature not participating in this available for inspection or copying at speedboat demonstration, and other event are prohibited from entering or room 205, Coast Guard Activities New marine activities being held in the area. moving within the regulated area unless York, between 8 a.m. and 3 p.m., Marine traffic will be able to transit authorized by the Patrol Commander. Monday through Friday, except Federal through the regulated area for 30 (2) All persons and vessels shall holidays. minutes during the event. Public comply with the instructions of the FOR FURTHER INFORMATION CONTACT: notifications for the transit time will be Coast Guard Captain of the Port or the Lieutentant J. Lopez, Waterways made prior to the event via the Local designated on scene patrol personnel. Oversight Branch, Coast Guard Notice to Mariners and marine U.S. Coast Guard patrol personnel Activities New York (718) 354–4193. information broadcasts. Federal Register / Vol. 64, No. 20 / Monday, February 1, 1999 / Proposed Rules 4815

Discussion of Proposed Rule governmental jurisdictions with docket for inspection or copying where populations of less than 50,000. indicated under ADDRESSES. The proposed special local regulation For the reasons stated in the is for the annual Fleet’s Albany Regulatory Evaluation section above, the List of Subjects in 33 CFR Part 100 Riverfest held on the Hudson River in Coast Guard certifies under 5 U.S.C. the vicinity of Albany, New York. This Marine safety, Navigation (water), 605(b) that this proposed rule, if event is held annually on the third Reporting and recordkeeping adopted, will not have a significant Saturday and Sunday of July. This rule requirements, Waterways. economic impact on a substantial is being proposed to provide for the number of small entities. If, however, safety of life on navigable waters during Proposed Regulation you think that your business or the event, to give the marine community organization qualifies as a small entity For the reasons discussed in the the opportunity to comment on the and that this proposed rule will have a preamble, the Coast Guard proposes to regulated area, and to decrease the significant economic impact on your amend 33 CFR Part 100 as follows: amount of annual paperwork required business or organization, please submit for this event. a comment (see ADDRESSES) explaining PART 100Ð[AMENDED] Regulatory Evaluation why you think it qualifies and in what way and to what degree this proposed 1. The authority citation for Part 100 This proposed rule is not a significant rule will economically affect it. continues to read as follows: regulatory action under section 3(f) of Executive Order 12866 and does not Collection of Information Authority: 33 U.S.C. 1233 through 1236; 49 CFR 1.46; 33 CFR 100.35. require an assessment of potential costs This proposed rule does not provide and benefits under section 6(a)(3) of that for a collection of information under the 2. Add § 100.122 to read as follows: Order. It has not been reviewed by the Paperwork Reduction Act of 1995 (44 Office of Management and Budget under U.S.C. 3501 et seq.). § 100.122 Fleet's Albany Riverfest, Hudson that Order. It is not significant under the River, New York. regulatory policies and procedures of Federalism (a) Regulated Area. All waters of the the Department of Transportation (DOT) The Coast Guard has analyzed this Hudson River from the Dunn Memorial (44 FR 11040; February 26, 1979). proposed rule under the principles and Bridge (river mile 145.4) to the Albany The Coast Guard expects the criteria contained in Executive Order Rensselaer Swing Bridge (river mile economic impact of this proposed rule 12612 and has determined that this to be so minimal that a full Regulatory proposed rule does not have sufficient 146.2). Evaluation under paragraph 10e of the implications for federalism to warrant (b) Regulations. (1) Vessels, regulatory policies and procedures of the preparation of a Federalism swimmers, and personal watercraft of DOT is unnecessary. Although this Assessment. any nature not participating in this regulation prevents traffic from event are prohibited from entering or Unfunded Mandates transiting a portion of the Hudson River moving within the regulated area unless during the event, the effect of this Under the Unfunded Mandates authorized by the Patrol Commander. regulation will not be significant for Reform Act of 1995 (Pub. L. 104–4), the several reasons: the limited duration Coast Guard must consider whether this (2) Marine traffic will be able to that the regulated area will be in effect, rule will result in an annual transit through the regulated area for 30 marine traffic will be able to transit expenditure by state, local, and tribal minutes during the event. Public through the regulated area for 30 governments, in the aggregate of $100 notifications for the transit time will be minutes during the event, the Port million (adjusted annually for inflation). made prior to the event via the Local Commissioner’s office for the Port of If so, the Act requires that a reasonable Notice to Mariners and marine Albany has stated there is infrequent number of regulatory alternatives be information broadcasts. commercial traffic north of the Dunn considered, and that from those (3) All persons and vessels shall Memorial Bridge (river mile 145.4), alternatives, the least costly, most cost- comply with the instructions of the commercial vessels can plan their effective, or least burdensome Coast Guard Captain of the Port or the transits up the river around the time the alternative that achieves the objective of designated on scene patrol personnel. regulated area is in effect as they will the rule be selected. No state, local, or U.S. Coast Guard patrol personnel have advance notice of the event, it is tribal government entities will be include commissioned, warrant, and an annual event with local support, and affected by this rule, so this rule will not petty officers of the Coast Guard. Upon advance notifications will be made to result in annual or aggregate cost of being hailed by a U.S. Coast Guard the local maritime community by the $100 million or more. Therefore, the vessel via siren, radio, flashing light, or Local Notice to Mariners and marine Coast Guard is exempt from any further other means, the operator of a vessel information broadcasts. regulatory requirements under the shall proceed as directed. Unfunded Mandates Act. Small Entities (c) Effective period. This section is in Under the Regulatory Flexibility Act Environment effect annually from 12 p.m. until 4 p.m. (5 U.S.C. 601 et seq.), the Coast Guard The Coast Guard considered the on the third Saturday and Sunday of considers whether this proposed rule, if environmental impact of this proposed July. adopted, will have a significant rule and concluded that under figure 2– Dated: January 20, 1999. economic impact on a substantial 1, paragraph 34(g), of Commandant number of small entities. ‘‘Small Instruction M16475.1C, this proposed R.M. Larrabee, entities’’ include small businesses, not- rule is categorically excluded from Rear Admiral, U.S. Coast Guard, Commander, for-profit organizations that are further environmental documentation. First Coast Guard District. independently owned and operated and A ‘‘Categorical Exclusion [FR Doc. 99–2274 Filed 1–29–99; 8:45 am] are not dominant in their fields, and Determination’’ is available in the BILLING CODE 4910±15±M 4816 Federal Register / Vol. 64, No. 20 / Monday, February 1, 1999 / Proposed Rules

DEPARTMENT OF TRANSPORTATION (Alaska) Boating Safety Specialist, (907) 1972), fall far short of covering costs the 463–2297 (email: Coast Guard incurs on numbering Coast Guard [email protected]). For vessels. The Coast Guard must set these questions on viewing, or submitting fees in accordance with the criteria 33 CFR Part 173 material to, the docket, contact Dorothy specified in section 9701 of Title 31, [USCG 98±3386] Walker, Chief, Dockets, Department of U.S.C., and Revised OMB Circular A– Transportation, telephone 202–366– 25, which establishes guidelines by RIN 2115±AF62 9329. which Federal agencies are to assess Adjustment of Fees for Issuing SUPPLEMENTARY INFORMATION: fees for Government services and for the sale or use of Government property or Numbers to Undocumented Vessels in Request for Comments Alaska resources. The current fees have not The Coast Guard encourages affected Coast Guard appropriations AGENCY: Coast Guard, DOT. interested persons to participate in this from year to year. They have gone into ACTION: Notice of proposed rulemaking. rulemaking by submitting written data, the general fund of the U. S. Treasury views, or arguments. Persons submitting as offsetting receipts of the department SUMMARY: The Coast Guard proposes to comments should include their names in which the Coast Guard is operating, increase the fees it charges for issuing and addresses, identify this rulemaking and are ascribed to activities of the numbers to undocumented vessels in [USCG 1998–3386] and the specific Coast Guard. Under the provisions of 46 Alaska, to a rate enabling full-cost section of this document to which each U.S.C. 2110, the new fees proposed recovery. It proposes this measure comment applies, and give the reason would become available to reimburse because the fees it now charges fall far for each comment. Please submit all the Coast Guard for most, if not all, of short of covering the cost of issuing comments and attachments in an the costs of collection. The proposed numbers there. This measure should unbound format, no larger than 81⁄2 by rule should result in an increased fee bring it into full compliance with the 11 inches, suitable for copying and that more nearly approximates the general Federal statute on user fees and, electronic filing to the Docket current costs for the Coast Guard to not incidentally, should increase Management Facility at the address issue numbers to vessels in Alaska. convenience to the public by allowing under ADDRESSES. Persons wanting Discussion of Proposed Rule more means of payment. acknowledgment of receipt of comments DATES: Comments must reach the should enclose stamped, self-addressed The issuance of numbers by the Coast Docket Management Facility on or postcards or envelopes. Guard to undocumented vessels is before April 2, 1999. The Coast Guard will consider all unique to the State of Alaska and the comments received during the comment 17th Coast Guard District. In all other ADDRESSES: You may mail comments to period. It may change this proposed rule parts of the nation, State or Territorial the Docket Management Facility, (USCG in view of the comments. authorities act as the issuing authorities. 1998–3323), U. S. Department of The Coast Guard plans no public The Coast Guard retains the Transportation, room PL–401, 400 meeting. Persons may request a public responsibility for Alaska under 33 CFR Seventh Street SW, Washington, DC hearing by writing to the Docket part 173, because the government of 20590–0001, or deliver them to room Management Facility at the address Alaska has not sought Coast Guard PL–401 on the Plaza Level of the Nassif under ADDRESSES. The request should approval of a system for numbering Building at the same address between 9 include the reasons why a hearing vessels. a.m. and 5 p.m., Monday through would be beneficial. If it determines that This proposed rule would amend 33 Friday, except Federal holidays. The the opportunity for oral presentations CFR 173.85 so that the fees charged telephone number is (202) 366–9329. will aid this rulemaking, the Coast would cover the costs incurred for the The Docket Management Facility Guard will hold a public hearing at a number-issuing service the Coast Guard maintains the public docket for this time and place announced by a later must provide in Alaska. The increased rulemaking. Comments and documents, notice in the Federal Register. fees would affect those people who own as indicated in this preamble, will vessels to which 33 CFR 173.11 applies become part of this docket and will be Background and Purpose (undocumented vessels) and which are available for inspection or copying at Title 33, Part 173, of the Code of principally operated in Alaska. room PL–401 on the Plaza level of the Federal Regulations (CFR) governs the Discussion of fees. The current fee, set Nassif Building at the same address issuance of certificates of number to in 1972, is $6.00 for a three-year vessel between 10 a.m. and 5 p.m., Monday owners of vessels that need not be number. Under the general Federal through Friday, except Federal holidays. documented (generally, recreational statute on user fees (31 U.S.C. 9701), You may also access this docket on the boats). The issuing and reporting Federal agencies required to charge user Internet at http://dms.dot.gov. You may authority for these certificates is the fees for services must charge fees obtain a copy of this notice by calling State where the vessel is principally sufficient to enable recovery of the full the U. S. Coast Guard Infoline at 1–800– operated, with one exception: Alaska cost of providing the services. 46 U.S.C. 368–5647, or read it on the Internet, at does not act as this authority. Under 2110 mandated the establishment of a the Web Site for the Office of Boating sub-section 12301(a) of Title 46, United fee or charge for a service or thing of Safety, at http://www.uscgboating.org or States Code (U.S.C.), when a State does value provided by the Secretary under at http://dms.dot.gov. not act as the issuing authority, the this subtitle, in accordance with section FOR FURTHER INFORMATION CONTACT: For Coast Guard must. 9701 of title 31. Since the issuance of questions on this rulemaking, contact This proposed rule would raise the numbers to vessels is a labor-intensive Mrs. Janice B. Giles, Program fees the Coast Guard charges for service, and since the Coast Guard Development and Implementation numbering undocumented vessels in receives no appropriated funds for it, Division, Office of Boating Safety, Coast Alaska, as well as revise the methods of the Coast Guard has diverted resources Guard, telephone 202–267–0911 (email: payment of the fees. The current fees, from other programs to provide this [email protected]), or Sue Hargis, promulgated in 1972 (33 CFR 173.85, service to the Alaskan boating public. Seventeenth Coast Guard District CGD 72–54R, 37 FR 21399, October 7, The fee that the Coast Guard collects Federal Register / Vol. 64, No. 20 / Monday, February 1, 1999 / Proposed Rules 4817 does not accrue to the Coast Guard; it 17th Coast Guard District conducted a transaction. Staff determined the annual goes into miscellaneous receipts of the study of its costs for issuing certificates time to perform each of the four Federal Treasury. But even if it did of number: direct labor hours for transactions by the percentage of the accrue to the Coast Guard it would providing these services, plus costs of total annual time attributable to each cover barely 25 percent of the cost of material such as forms, validation transaction type. providing the service. It has remained stickers (decals), mailing, office 3. Determine the annual labor cost for unchanged for 26 years. equipment, and other supplies. each of the four types of transactions by The Coast Guard recently employed Fee calculations. No automated prorating the annual salary of the KPMG Peat Marwick LLP, through a system of the Coast Guard distinctly numbers and grades of personnel of the contract with Computer Sciences records direct hours of labor spent on Coast Guard employed in direct support Corporation of Falls Church, Virginia, to issuance of certificates of number. The of vessel numbering. Staff prorated analyze the processes associated with Coast Guard calculated its indirect costs salaries using the factors developed in all user fees collected by the Coast for general and administrative (G&A) steps 1 and 2. Guard, including the issuance of expenses and allocated these costs 4. Determine the total direct costs of certificates of number in Alaska, and to based on resource labor hours used to undocumented vessel numbering. develop a methodology for determining process the four types of transactions Again, staff provided detailed user fees that would enable the Coast comprising undocumented vessel information on direct costs incurred for Guard to fully recover its costs for numbering (certificates issued or numbering undocumented vessels that providing these services. A copy of the transferred, certificates renewed, no system of the Coast Guard distinctly analysis is in the docket for this certificates duplicated; and decals records. These direct costs comprise rulemaking. replaced). District staff reconstructed labor (as determined in steps 1–3, The analysis concluded that the Coast the numbers of each of these types of above), the cost for vessel numbering Guard was not applying the resources transactions, using data consistently materials used, and mailing expenses. needed to efficiently provide the recorded in worksheets. 5. Determine the general and Alaskan boating public with this service The steps employed to calculate the administrative (G&A) costs attributable and that, at the 26-year-old rate, it could user fees for numbering undocumented to issuing undocumented vessels never recover the cost of providing the vessels are as follows: numbers. These indirect costs comprise service. Based on that analysis, the 1. Determine the annual hours of the Coast Guard’s general and report proposed a rationale and labor spent on numbering administrative expenses for methodology for calculating the undocumented vessels. Staff determined administering the services, and were appropriate user fees that would allow these by using the Personnel Allowance allocated based upon labor hours. it to fully recover its cost for providing List (PAL) for the District and 6. Determine the amount for each user this unique service in Alaska. conducting interviews with personnel of fee by dividing the annual cost for each Cost methodology. Acting on the the District. of the four types of transactions by the recommendations of KPMG, the Coast 2. Determine the percentage of annual number of transactions accomplished. Guard adopted a costing methodology hours of labor spent providing each of Figure 1 outlines the number of that is based in part on Activity-Based the four types of transactions transactions, and the direct and indirect Costing (ABC). ABC differs from comprising this numbering. Staff costs associated with each of the four traditional cost accounting in that it multiplied the annual number of each of types of transactions comprising assigns costs according to the activities the transactions by the average time undocumented vessels’ numbering, required to produce an output, rather required to perform each of those provided in Alaska during fiscal year than according to categories of transactions to determine the total 1997, as well as the user fee derived expenses. In addition, the staff of the annual time spent performing each with this methodology.

FIGURE 1.ÐDERIVED USER FEES FOR VESSEL NUMBERING

Service Transactions Direct costs G&A costs Total cost Computed fee

Certificates issued or transferred ...... 6,377 129,066 28,774 157,840 24.75 Certificates renewed ...... 5,053 68,087 15,179 83,266 16.48 Certificates duplicated or decals replaced ...... 602 4,766 1,062 5,828 9.68

We have rounded the fees proposed increase from $0.25 to $9.00. The Coast (44 FR 11040, February 26, l979). The down to the nearest whole dollar Guard would accept payment of fees by Coast Guard expects the economic amount to simplify collection and check, money-order, major credit card impact of this proposed rule to be so accounting and to conform with 46 (MasterCard or Visa), or cash. minimal that a full Regulatory U.S.C. 2110(a)(3). Evaluation under paragraph 10e of the Regulatory Evaluation regulatory policies and procedures of Changes to 33 CFR 173.85 This proposed rule is not a significant DOT is unnecessary. The prospective The three-year fee for original and regulatory action under section 3(f) of increase in number-issuing fees (which transferred certificates of number would Executive Order 12866 and does not are paid by owners of recreational boats increase from $6.00 to $24.00. The fee require an assessment of potential costs only once every three years) would be for renewal of a certificate of number and benefits under section 6(a)(3) of that less than $25.00, and would affect a would increase from $6.00 to $16.00. Order. It has not been reviewed by the minority of the State’s population. The fee for a duplicate certificate of Office of Management and Budget under number would increase from $1.00 to that Order. It is not significant under the Small Entities $9.00. The fee for replacement of a lost regulatory policies and procedures of Under the Regulatory Flexibility Act or destroyed Validation Sticker would the Department of Transportation (DOT) (5 U.S.C. 601 et seq.), the Coast Guard 4818 Federal Register / Vol. 64, No. 20 / Monday, February 1, 1999 / Proposed Rules considers whether this proposed rule, if Federalism Dated: January 13, 1999. adopted, will have a significant Ernest R. Riutta, The Coast Guard has analyzed this economic impact on a substantial proposed rule under the principles and Rear Admiral, U.S. Coast Guard, Assistant number of small entities. ‘‘Small Commandant for Operations. criteria contained in Executive Order entities’’ include small businesses, not- 12612 and has determined that this [FR Doc. 99–1986 Filed 1–29–99; 8:45 am] for-profit organizations that are proposed rule does not have sufficient BILLING CODE 4910±15±P independently owned and operated and implications for federalism to warrant are not dominant in their fields, and the preparation of a Federalism governmental jurisdictions with Assessment. The Coast Guard is NATIONAL ARCHIVES AND RECORDS populations of less than 50,000. complying with the general Federal ADMINISTRATION Records of the Coast Guard indicate statute on user fees, and the specific that as of December 31, 1997, there were Federal statute for services provided 36 CFR Part 1228 32,414 undocumented vessels under subtitle II of title 46. numbered by the Coast Guard in Alaska. Facility Standards; Notice of Meeting Of those, 7,107 vessels (23 percent) are Environment AGENCY: National Archives and Records owned by commercial entities (4,945 The Coast Guard considered the Administration (NARA). commercial fishing vessels, 1,656 environmental impact of this proposed ACTION: Notice of meeting. commercial passenger-carrying vessels, rule and concluded that under figure 2– and 506 rental or livery vessels), some 1, paragraph (34)(a), of Commandant SUMMARY: NARA will hold a public of which may qualify as ‘‘small Instruction M16475.lC, this proposed meeting to discuss its plans to revise entities.’’ Also, in 1997, the Coast Guard rule is categorically excluded from regulations on facility standards for issued 6,377 original certificates of further environmental documentation. records centers used to store Federal number, 5,053 renewal certificates of The rulemaking merely adjusts the fee records (36 CFR part 1228, subpart K). number, and 601 duplicate certificates amounts charged to owners of Additional background information on of number or replacement validation undocumented vessels for issuing vessel the planned regulation may be found in stickers. The proposed fees would numbers and validation stickers. A the October 1998 Regulatory Plan and increase the cost of three-year original ‘‘Categorical Exclusion Determination’’ the Unified Agenda of Federal and renewal certificates of number by is available in the docket for inspection Regulatory and Deregulatory Actions, at $18.00 and $10.00, respectively, for an or copying where indicated under page 61388 of the November 9, 1998, annual rise in cost of about $6.00 and ADDRESSES. Federal Register (63 FR 61388). $3.33, respectively, where the fees applied at all. The fees would increase List of Subjects in 33 CFR Part 173 DATES: The meeting will be held on February 18, 10 a.m. to noon. the cost of duplicate certificates of Marine Safety, Reporting and ADDRESSES: The meeting will be held in number and replacement validation Recordkeeping Requirements. stickers by $8.00 and $8.75, Lecture Rooms B, C, and D, in NARA’s respectively, when needed. The Coast For the reasons discussed in the College Park facility at 8601 Adelphi Guard estimates that the fees could preamble, the Coast Guard proposes to Road, College Park, MD 20740–6001. increase costs about $36,000, or about amend 33 CFR part 173 as follows: FOR FURTHER INFORMATION CONTACT: $12,000 annually, for the entire fleet of PART 173ÐVESSEL NUMBERING AND Nancy Allard (301) 713–7360. currently numbered commercial-use CASUALTY AND ACCIDENT Dated: January 27, 1999. vessels in Alaska. Again, however, REPORTING Richard L. Claypoole, under the general Federal statute on user fees, the Coast Guard is bound to Assistant Archivist for Regional Records 1. Revise the authority citation for Services. recover its costs. But, under 5 U.S.C. Part 173 to read as follows: 610 and Circular A–25, the Coast Guard [FR Doc. 99–2355 Filed 1–29–99; 8:45 am] Authority: 5 U.S.C. 610; 31 U.S.C. 9701; 46 BILLING CODE 7515±01±P is bound to review these fees every two U.S.C. 2110, 6101, 12301, 12302; OMB years. Circular A–25; 49 CFR 1.46. Therefore, the Coast Guard certifies under 5 U.S.C. 605(b) that this proposed 2. Revise § 173.85 to read as follows: ENVIRONMENTAL PROTECTION AGENCY rule, if adopted, will not have a § 173.85 Fees levied by the Coast Guard. significant economic impact on a 40 CFR Part 262 substantial number of small entities. If, (a) In a State where the Coast Guard is the issuing authority, the fees for however, you think that your business [FRL±6227±8] or organization qualifies as a small issuing certificates of number are: entity and that this rule would have a (1) Original or transferred certificate RIN 2050±AE60 of number and two validation stickers— significant economic impact on your 180-Day Accumulation Time for Waste business or organization, please submit $24.00; (2) Renewal of certificate of number Water Treatment Sludges From the a comment to the Docket Management Metal Finishing Industry Facility explaining why you think it and two validation stickers—$16.00; qualifies and in what way and to what (3) Duplicate certificate of number— AGENCY: Environmental Protection degree this rule would economically $9.00; and Agency (EPA). affect it. (4) Replacement of lost or destroyed ACTION: Proposed rule. validation stickers—$9.00. Collection of Information (b) Fees are payable by check or SUMMARY: As part of the Common Sense This proposed rule does not provide money-order made payable to the ‘‘U.S. Initiative (CSI), the Environmental for a collection of information under the Coast Guard’’; by major credit card Protection Agency (EPA) is today Paperwork Reduction Act of 1995 (44 (MasterCard or Visa); or, when the proposing a cleaner, cheaper, and U.S.C. 3501 et seq.). owner applies in person, in cash. smarter opportunity for environmental Federal Register / Vol. 64, No. 20 / Monday, February 1, 1999 / Proposed Rules 4819 protection for the Metal Finishing Floor, 1235 Jefferson Davis Highway, Resource Conservation and Recovery Industry. EPA is proposing to allow Arlington, VA 22202. The RIC is open Act of 1976, and as amended by the generators of F006 waste (sludges from from 9 a.m. to 4 p.m., Monday through Hazardous and Solid Waste the treatment of electroplating Friday, excluding federal holidays. To Amendments of 1984. 42 U.S.C. 6906, wastewaters) up to 180 days (or up to review docket materials, it is 6912, 6921–6925, 6937 and 6938. 270 days, if applicable) to accumulate recommended that the public make an II. Background F006 waste without a hazardous waste appointment by calling (703) 603–9230. storage permit or interim status, The public may copy a maximum of 100 A. Purpose and Context for Proposed provided that these generators meet pages from any regulatory document at Rule certain conditions. The first condition is no cost. Additional copies cost $0.15 The Resource Conservation and that F006 waste generators have per page. The index and some Recovery Act (RCRA) directs EPA to implemented pollution prevention supporting materials are available promulgate standards for generation of practices that reduce the volume or electronically. See the SUPPLEMENTARY hazardous waste as necessary to protect toxicity of the F006 waste or that make INFORMATION section for information on human health and the environment. it more amenable for metals recovery. accessing them. RCRA Section 3002. Section 1003 of The second condition is that they FOR FURTHER INFORMATION CONTACT: For RCRA establishes a national objective of recycle the F006 waste by metals general information, contact the RCRA ‘‘minimizing the generation of recovery. The third condition is that Hotline at (800) 424–9346 or TDD (800) hazardous waste and the land disposal they accumulate no more than 16,000 553–7672 (hearing impaired). In the of hazardous waste by encouraging kilograms of F006 waste at any one Washington, DC, metropolitan area, call process substitutions, materials time. The final condition is that they (703) 412–9810 or TDD (703) 412–3323. recovery, properly conducted recycling comply with the applicable For more detailed information on and reuse, and treatment.’’ In response management standards. EPA believes specific aspects of this rulemaking, to these provisions, EPA has endeavored that the 180-day accumulation time for contact Jeffery S. Hannapel (5304–W), to develop regulations that promote F006 waste is protective of human Office of Solid Waste, U.S. legitimate recycling of solid and health and the environment. The 180- Environmental Protection Agency, 401 hazardous waste while protecting day accumulation time would minimize M Street, SW, Washington, DC 20460, human health and the environment economic barriers to the recycling of (703) 308–8826, against the development and use of F006 waste through metals recovery, [email protected]. unsafe or sham recycling practices. thus providing generators of F006 waste SUPPLEMENTARY INFORMATION: The index Today’s proposed rule is an effort to with an incentive to choose metals and some supporting materials are promote the legitimate metals recovery recovery over treatment and land available on the Internet. Follow these of F006 wastes and to reduce the disposal as their waste management instructions to access the information volume of F006 wastes that is land option for F006 waste. electronically: www: http:// disposed. The Agency is proposing to DATES: Written comments on this www.epa.gov/oswer/hazwaste/gener/ provide flexibility in the RCRA proposed rule should be submitted on f006acum.htm regulations governing accumulation or before April 2, 1999. FTP: ftp.epa.gov time limits for generators who ADDRESSES: Commenters must send an Login: anonymous accumulate wastewater treatment original and two copies of their Password: your Internet address sludges from electroplating operations comments referencing docket number Files are located in /pub/oswer (i.e., the listed hazardous waste, F006) F–1999–F06P–FFFFF to: RCRA Docket The official record for this action will and process these sludges for metals Information Center, Office of Solid be kept in paper form. Accordingly, EPA recovery. Waste (5305G), U.S. Environmental will transfer all comments received Today’s proposed rule would allow Protection Agency Headquarters (EPA, electronically into paper form and place generators of F006 waste up to 180 days HQ), 401 M Street, SW, Washington, DC them in the official record, which will to accumulate F006 waste on site, 20460. Hand deliveries of comments also include all comments submitted without a RCRA permit or interim should be made to the Arlington, VA, directly in writing. The official record is status, as an incentive to encourage address below. Comments may also be the paper record maintained at the metals recovery and pollution submitted electronically to: rcra- address in ADDRESSES at the beginning prevention practices for this waste. [email protected]. Comments in of this document. Under the rule as proposed today, F006 electronic format should also be EPA responses to comments, whether wastes that are not recycled by metals identified by the docket number F– the comments are written or electronic, recovery would not be eligible for the 1999–F06P–FFFFF. All electronic will be in a notice in the Federal 180-day accumulation time. In order to comments must be submitted as an Register or in a response to comments ensure that on-site accumulation of ASCII file avoiding the use of special document placed in the official record F006 waste is protective of human characters and any form of encryption. for this rulemaking. EPA will not health and the environment, the Commenters should not submit immediately reply to commenters management standards for 180-day on- electronically any confidential business electronically other than to seek site accumulation of F006 waste would information (CBI). An original and two clarification of electronic comments that be the same as those that currently copies of CBI must be submitted under may be garbled in transmission or apply to 90-day on-site accumulation. separate cover to: RCRA CBI Document during conversion to paper form, as This proposed rule is limited to Control Officer, Office of Solid Waste discussed above. generators of F006 waste. In 40 CFR (5305G), U.S. EPA, 401 M Street, SW, 261.31, F006 waste is defined as: I. Authority Washington, DC 20460. Wastewater treatment sludges generated Public comments and supporting This proposed rule is issued under from electroplating operations, except from materials are available for viewing in authority of sections 2002, 3001, 3002, the following processes: (1) sulfuric acid the RCRA Information Center (RIC), 3003, 3004 and 3005 of the Solid Waste anodizing of aluminum; (2) tin plating on located at Crystal Gateway One, First Disposal Act, as amended by the carbon steel; (3) zinc plating (segregated 4820 Federal Register / Vol. 64, No. 20 / Monday, February 1, 1999 / Proposed Rules basis) on carbon steel; (4) aluminum or zinc- managing small quantities of F006 B. Common Sense Initiative (CSI) for aluminum plating on carbon steel; (5) waste. Metal Finishing Industry cleaning/stripping associated with tin, zinc, In today’s proposed rule, EPA is and aluminum plating on carbon steel; and Today’s proposal is an outgrowth of (6) chemical etching and milling of proposing to allow generators of F006 activities conducted under the EPA’s aluminum. electroplating sludge to accumulate Common Sense Initiative (CSI), an F006 waste on site for up to 180 days In listing electroplating wastewater innovative approach to environmental in tanks, containers or containment treatment sludges as hazardous waste, protection and pollution prevention. buildings without a RCRA permit, if the EPA identified several hazardous The CSI was established on October 17, generator: (1) Has implemented constituents, including cadmium, 1994, through a charter pursuant to the pollution prevention practices that hexavalent chromium, nickel, and Federal Advisory Committee Act reduce the volume or toxicity of the complexed cyanides that could pose a (FACA). The goal of the CSI is to use F006 waste or that make the F006 waste substantial hazard to human health or consensus decision-making to more amenable for metals recovery, (2) the environment if the sludge was recommend policy and program changes mismanaged. The potential hazards recycles the F006 waste through metals to the CSI Council and the EPA associated with the constituents of recovery, (3) accumulates no more than Administrator. EPA selected six concern in the sludge and the potential 16,000 kilograms of F006 waste at any industries to serve as CSI pilot for improper management of the one time, and (4) complies with the industries: automobile manufacturing, electroplating wastewater treatment applicable management standards in the computer and electronics, iron and sludges served as the basis for listing the rule. This proposal would not change steel, metal finishing, petroleum sludge as the hazardous waste, F006. any other requirements applicable to refining, and printing. These six The listing status of the waste would not generators of hazardous waste. EPA industries comprise over 11 percent of be affected by this proposed rule. believes that the 180-day accumulation the U.S. Gross Domestic Product, The physical form of F006 waste can period will allow generators of F006 employ over 4 million people, and generally be described as a mixed metal waste to ship the waste off site less account for over 12 percent of the toxic hydroxide wastewater treatment frequently (e.g., twice a year rather than releases reported by United States precipitate, which is 24 to 50 percent four times a year under the existing 90- industry. As such, they offer excellent solids by weight. Other physical forms day accumulation rule), and thereby, opportunities to test and refine CSI of this material can include spent ion reduce the costs associated with concepts, to create environmental exchange columns or iron precipitation transporting F006 sludges to metals solutions that can operate across solids. F006 sludges may contain metals recovery facilities. Because generators industries, and to identify opportunities with commercial value that can be can accumulate F006 waste on site for to expand CSI concepts to other relevant recovered from the sludges. The metals 180 days only if the waste is sent off site industries. recovered from these sludges are most for metals recovery, EPA expects that CSI is organized through an advisory often concentrates and intermediate the quantities of F006 waste that are committee referred to as the ‘‘CSI materials that require further processing recycled, rather than treated and land Council,’’ that is comprised of high- before a commercially usable metal is disposed, will increase. F006 waste level representatives from various produced. Often, the metals contained metals recovery also promotes resource stakeholder groups, including all in these industrial sludges are recovered conservation because metals recovered involved industries. For each industry, in the form of a metal oxide or salt (e.g., from the sludges may serve as known as a ‘‘sector’’ in CSI, the CSI lead oxide, lead chloride, lead sulfate) alternative feedstocks for primary Council establishes a subcommittee of through High Temperature Metals metals in production and manufacturing stakeholders to look for cleaner, Recovery (HTMR), such as smelting processes. cheaper, and smarter opportunities for operations. EPA is basing this proposal, in part, environmental protection in that sector. Currently, generators who generate on discussions under the Agency’s Sector subcommittees and work groups greater than 1,000 kilograms of Common Sense Initiative for the Metal meet frequently to develop and discuss hazardous waste in a calendar month Finishing Industry. The Common Sense progress in various projects, policy (i.e., large quantity generators) may Initiative, as well as broader changes in considerations, and other issues. Team accumulate hazardous waste on-site, the regulation of F006 waste being options, proposals, issues, and data are without having to obtain a RCRA permit considered as part of the Common Sense forwarded to the CSI Council for further for the on-site accumulation activities, Initiative, are discussed in more detail action. The CSI Council considers for a period of up to 90 days. Many below. The Agency notes that today’s matters from the sector subcommittees generators of F006 wastewater treatment proposed rule only affects the amount of and makes recommendations to the sludges indicate that this 90-day time generators of F006 waste may Administrator. The CSI process is accumulation limit restricts their ability accumulate that waste on site, without producing better, more applicable to generate a large enough volume of a RCRA permit, prior to having it environmental protection strategies that F006 sludge to make recycling more processed for metals recovery. At this are developed, in part, by the regulated economically feasible when compared time, EPA is proposing no other changes community, and in concert with to treatment and land disposal. This is to the hazardous waste management regulatory agencies and public interest principally because of: (1) The relatively standards governing generator activities. groups. high cost of transportation of the All other provisions governing Since beginning their work in January hazardous sludge from a generator’s hazardous waste management activities 1995, the sector subcommittees have establishment to a recycling or smelting for large quantity generators under 40 developed nearly 40 projects involving facility (due, in part, to the longer CFR part 262 (e.g., unit specific more than 150 stakeholders who distances to metals recovery facilities standards, recordkeeping and reporting, actively participate in sector and the fact that generators are shipping and manifesting requirements) would subcommittees and subcommittee partial truck loads) and (2) the surcharge remain unchanged and in effect with workgroups. Some of the projects are that metals recovery facilities generally respect to large quantity generators of specific to individual sectors. Other charge generators and waste brokers for F006 waste. projects explore solutions to common Federal Register / Vol. 64, No. 20 / Monday, February 1, 1999 / Proposed Rules 4821 issues such as alternative flexible process improvements in the last twenty that the proposed 180-day accumulation regulatory systems, pollution years, and if so, whether some type of time is appropriate for generators of prevention, reporting, compliance, regulatory, administrative, or other F006 waste, without interfering with the permitting, and environmental relief for the management of F006 waste generator’s manufacturing processes. technology. is warranted. Phase I of this study (i.e., Today’s proposed rule makes no Today’s proposal stems primarily sampling of F006 sludge from 30 metal changes to the requirements for 90-day from CSI efforts in the metal finishing finishing facilities in three cities) is accumulation under the current industry sector. The metal finishing expected to be completed shortly with regulations. industry consists of more than three the issuance of a report. Phase II of the thousand ‘‘job shops’’ (i.e., independent study (i.e., identifying additional data D. Current Accumulation Time for metal plating firms that complete jobs needs, if any, and examining potential Small Quantity Generators on contract), which are mostly small regulatory and administrative strategies businesses with limited capital and that may promote metals recovery of The current federal RCRA regulations personnel, and more than eight F006 waste, encourage pollution governing waste management thousand ‘‘captive’’ metal finishing prevention practices related to the requirements for hazardous waste operations within larger manufacturing generation of F006 waste, and reduce or generators provide for accumulation facilities. The industry is geographically remove possible RCRA barriers to time limits for generators who generate diverse, but concentrated in heavily metals recovery of F006 waste) is now more than 100 kilograms of hazardous industrialized states. Because of the in process. waste, but less than 1,000 kilograms of cross-media impacts of their operations, hazardous waste in a calendar month, metal finishers face a broad range of C. Current Accumulation Time for Large Quantity Generators who are known as small quantity federal, state, and local environmental generators (SQGs). Section 262.34(d) of requirements (especially with regard to The current standards under 40 CFR 40 CFR provides that SQGs may part 262 for generators of hazardous water use and waste disposal). accumulate hazardous waste on site for The CSI metal finishing subcommittee waste who generate greater than 1,000 180 days or less without a permit or has 24 members representing metal kilograms of hazardous waste per month without having interim status, provided finishing companies, trade associations, limit the amount of time hazardous suppliers, environmental and waste can be accumulated without a that the generator complies with certain community groups, organized labor, and RCRA permit at the generator’s site. provisions. These existing provisions state and local governments. Some of Under the existing 40 CFR 262.34, include a restriction that the generator the representative organizations include generators of greater than 1,000 never accumulates more than 6,000 the American Electroplaters and Surface kilograms of hazardous waste per month kilograms of hazardous waste on site. In Finishers Society, the National may accumulate hazardous waste on addition, the generator must comply Association of Metal Finishers, the site for up to 90 days without having to with certain unit-specific standards Natural Resources Defense Council, the obtain a RCRA permit. This provision (e.g., tank and container standards) for AFL–CIO, the Barrio Planners of Los was established to provide generators accumulation units, marking and Angeles, the Water Environment sufficient time in all reasonable labeling requirements, preparedness and Federation, and the Association of situations for waste accumulation to emergency procedure requirements, and Metropolitan Sewerage Agencies. As occur prior to waste management, release response requirements. The part of its work under CSI, the metal without interfering with generator Agency is not proposing in this action finishing sector has developed a set of manufacturing processes. 51 FR 25487 to change the current provisions ambitious voluntary performance goals (July 14, 1986). governing the accumulation time to promote pollution prevention and Under the existing 90-day periods for SQGs. environmental management beyond accumulation rule, the generator must what is currently required for the comply with certain unit-specific 1. Transport More Than 200 Miles industry under federal regulations (i.e., standards (e.g., tank, container, the Strategic Goals Program). The goals containment building, and drip pad Section 262.34(e) of 40 CFR provides address resource utilization, hazardous standards) for accumulation units, that SQGs who must transport the emissions, economic pay backs, and marking and labeling requirements, waste, or offer the waste for transport, compliance costs. preparedness and emergency procedure over a distance of 200 miles or more for As a means towards meeting these requirements, and release response off-site treatment, storage, disposal or goals, the metal finishing subcommittee requirements. 40 CFR 262.34(a). recycling may accumulate hazardous has endorsed 14 projects, and supports Generators may also petition the EPA waste on site for 270 days or less, an additional CSI small business sector Regional Administrator to grant an without a permit or having interim project. In addition to these 14 projects, extension, up to 30 days, to the 90-day status. Again, the generator must the action plan also contains ‘‘enabling accumulation time limit due to comply with certain unit-specific actions’’ that all stakeholders have unforeseen, temporary, and standards for accumulation units (e.g., committed to undertake to help the uncontrollable circumstances, on a case- tank and container standards), marking industry meet the Strategic Goals. by-case basis under 40 CFR 262.34(b). and labeling requirements, preparedness Allowing generators of F006 waste to As outlined above, and explained and emergency procedure requirements, accumulate the sludge for up to 180 below in Section III, the Agency is and release response requirements. days is one of the enabling actions to proposing to allow generators of F006 help remove unnecessary barriers to wastewater treatment sludges to The Agency is not proposing, as part recycling and to promote the goals of accumulate the waste prior to metals of today’s proposal, to change the the CSI effort. recovery for up to 180 days without a current provisions governing the Another one of the enabling actions RCRA permit, provided the generators accumulation time periods for SQGs includes a study conducted by EPA to comply with certain conditions, as that must transport the waste greater examine whether the physical nature of explained below. For the reasons than 200 miles for treatment, storage, F006 waste has changed as a result of explained below, the Agency believes disposal, or recycling. 4822 Federal Register / Vol. 64, No. 20 / Monday, February 1, 1999 / Proposed Rules

2. Unforeseen, Temporary, and F006 waste would, therefore, decrease appropriate accumulation time for F006 Uncontrollable Circumstances the cost per unit of F006 waste waste. The proposed rule would reduce There may be instances, due to associated with shipping F006 waste off a generator’s overall hazardous waste unforeseen, temporary, and site for metals recovery. transportation costs associated with Similarly, smelters often charge uncontrollable circumstances, in which shipping F006 waste off site for metals generators proportionately more for SQGs may need to accumulate recovery. If a generator can accumulate small loads of F006 waste (due, in part, hazardous wastes on site for a greater enough F006 waste to fill a truck load, to the fixed administrative and period of time than 180 days (or 270 then its relative transportation costs transportation costs associated with days if the generator must transport would be less. Specifically, if the handling such small loads).1 generator can store the F006 waste for waste more than 200 miles for off-site Accordingly, the cost per unit of F006 twice as long as before (i.e., 180 days as management). In such cases, the waste sent to a smelter is more for small opposed to 90 days), then it would only generator may petition the EPA Regional loads of F006 waste than for larger have to ship the waste half as many Administrator to grant an extension, up loads. Allowing generators of F006 times, thereby decreasing the associated to 30 days, to the accumulation time waste to accumulate more F006 waste transportation costs. Thus, with today’s limit due to unforeseen, temporary, and would, therefore, decrease the cost per proposed rule generators of F006 waste uncontrollable circumstances, on a case- unit of F006 associated with sending would have an incentive to send the by-case basis under 40 CFR 262.34(f). F006 waste to a smelter for metals F006 waste off site for metals recovery Today’s proposed rule makes no recovery. (because generators can accumulate up changes to this provision for SQGs. In addition, because of the usual per to 180 days only if the F006 waste is III. Discussion mile charge for transportation, sent off site for metals recovery). transporting wastes longer distances In today’s proposed rule, generators of A. Overview of Proposed Rule costs more. Accordingly, many facilities F006 waste would be allowed up to 180 1. Proposed Approach seek to minimize shipping costs by days (or up to 270 days, if applicable) finding the nearest RCRA permitted time to accumulate F006 waste on site Under the current regulatory scheme treatment, storage or disposal facility, in tanks, containers or containment (i.e., the 90-day accumulation time which is most often a landfill. In the buildings without a RCRA permit, limit), many generators of F006 waste United States, there are significantly provided that the generator: (1) Has do not send their F006 waste off site for more landfills than metals recovery implemented pollution prevention metals recovery due to economic facilities that handle F006 wastes. practices that reduce the volume or reasons. Today’s rule provides Because there are fewer recycling toxicity of the F006 waste or that make generators of F006 waste with facilities in the U.S. that can recover it more amenable for metals recovery, incentives to minimize costs associated metals from F006 waste than landfills (2) recycles the F006 waste by metals with off-site metals recovery so that that accept F006 waste for disposal, the recovery, (3) accumulates no more than these generators will be more likely to distances from generator’s facilities to 16,000 kilograms of F006 waste at any choose metals recovery over treatment metals recovery facilities are generally one time, and (4) complies with the and land disposal as their management greater than to landfills. Thus, many applicable management standards in option for F006 waste. generators may not choose metals this rule. A brief discussion of these Of the approximately 6,000 generators recovery for their F006 waste due to the conditions is provided below. of F006 waste in the metal finishing higher costs associated with having to a. Pollution Prevention Practices industry, at least an estimated 1,317 transport these wastes longer distances generators produce F006 waste in to recycling facilities as compared to As part of the proposed rule, amounts that exceed the regulatory landfills. generators must implement pollution requirements for small quantity Under this proposed rule, generators prevention practices that reduce the generators. Nonetheless, the amounts of F006 waste would be allowed to volume or toxicity of the F006 waste or generated by this group of 1,317 metal accumulate the waste on site in tanks, that make it more amenable for metals finishers are generally not enough for a containers, or containment buildings for recovery. Within the metal finishing full truck load within 90 days. These 180 days or less without a RCRA permit, industry, facilities have implemented a generators are required to ship the F006 only if they meet the pollution variety of pollution prevention practices waste off site within 90 days (otherwise prevention, metals recovery, and 16,000 including: product substitution, drag- a RCRA storage permit would be kilogram accumulation limit conditions out and counter-current flow rinse required for the facility), so their of the rule. An accumulation time of 180 systems, flow restrictors, evaporation shipments are partial truck loads. The days was chosen because it provided recovery systems, plating bath reuse, transportation costs for these partial sufficient time for most of the F006 filter press, sludge drying systems, ion loads are disproportionately higher than waste generators affected by this exchange systems, and segregation of they would be for full loads. There is proposed rule to accumulate a full truck wastewater streams. Many companies generally some fixed cost associated load of F006 waste. Metal finishing have implemented pollution prevention with having a truck pick up a load of stakeholders in the CSI process also measures to improve process efficiency, F006 waste regardless of whether the indicated that the 180-day (or the 270- cut waste generation and waste truck is picking up a partial or full load. day, if applicable) accumulation time management costs, and improve For the fixed cost portion of the truck, would be sufficient time to accumulate compliance. Table 1 summarizes several the cost per unit of F006 waste for F006 waste on site and make metals categories of pollution prevention shipping the waste is more for partial recovery a more cost effective practices that are commonly used loads than full loads (e.g., the cost per management option for F006 waste. EPA within the metal finishing industry. unit of F006 waste for the fixed cost requests comments on whether 180 days These practices reduce the volume and portion of the truck is twice as much for (or 270 days, if applicable) is the toxicity of the F006 waste generated or a half-filled truck compared to a full make the F006 waste more amenable for truck). Allowing generators of F006 1 NCMS/NAMF Pollution Control Assessment, ¶ 4 metals recovery, albeit in varying waste to accumulate a full truck load of (1993). degrees. Federal Register / Vol. 64, No. 20 / Monday, February 1, 1999 / Proposed Rules 4823

Individual pollution prevention (because smelters generally have a pollution prevention practices at a measures may reduce the toxicity or the moisture limit for incoming secondary particular facility are so broad and volume of F006 waste generated from materials such as F006 waste). In complex that it would not be possible to wastewater treatment. For example, addition, chemical substitution specify by rule the best approach for all rinse water reduction techniques reduce pollution prevention measures can facilities. Accordingly, the Agency the volume of effluents discharged from reduce, or eliminate, the toxic believes that it is appropriate to allow metal finishing process. Drag-out substances that do not get recycled in the facilities that want the 180-day reduction measures reduce the volume the metals recovery processes. accumulation time to implement and can reduce the toxicity of effluents Based on available data, EPA believes pollution prevention practices that are discharged from metal finishing that most metal finishing facilities have best suited to individual facilities, based processes. Implementation of these implemented at least one pollution on their specific metal finishing pollution prevention practices is prevention measure and many facilities processes and plating operations. With protective of human health and the have implemented several. The number this approach, facilities can implement environment because the F006 sludge and category of pollution prevention those pollution prevention practices produced is reduced in volume or measures used at individual facilities that best facilitate metals recovery and toxicity. Pollution prevention measures vary broadly. The most common protect human health and the such as these may, however, also pollution prevention measures include environment. EPA requests comments increase the concentration of pollutants drag-out and rinse water reduction on the general condition requiring in F006 sludge, including recyclable methods, which may improve effluent pollution prevention practices and metals (e.g., copper, zinc, nickel) and quality and the amount of metals whether more specific pollution non-recyclable toxic pollutants (e.g., recovered from F006 sludge. The data prevention requirements should be part cyanide, cadmium). Increasing the available to EPA suggest that chemical of this rule. concentration of recoverable metals in substitution pollution prevention The proposed rule requires both F006 sludge can increase the sludge’s measures are used less frequently than metals recovery and pollution value as a secondary material, but rinse water and drag-out reduction prevention practices as conditions to increasing the concentration of non- techniques. accumulate F006 waste on site for up to recyclable pollutants (e.g., cyanide, Today’s proposed rule provides an 180 days without a RCRA storage cadmium), which pass through the incentive to encourage more metals permit. The rationale for the pollution recovery process and must be properly recovery and less land disposal of F006 prevention requirement is to encourage managed and disposed in the wastes by allowing 180 days to generators to make the F006 waste less environment, can pose potential accumulate F006 waste, but only for hazardous for subsequent management problems for the management and those generators of F006 waste who and more amenable for metals recovery. handling of recycling residues. recycle the F006 waste by metals While both pollution prevention and Chemical substitution pollution recovery and have implemented metals recovery are laudable goals, there prevention measures reduce or pollution prevention practices that is a potential tension between pollution eliminate toxic substances used in the reduce the volume or toxicity of F006 prevention practices and metals plating process and found in the wastes, waste or that make it more amenable for recovery. For example, if a pollution and therefore, are desirable from an metals recovery. At the same time, EPA prevention practice is successful in environmental perspective, wherever wishes to encourage facilities to make eliminating, or significantly reducing, they can appropriately be applied. For greater progress in reducing the quantity the metals in the metal finishing waste example, trivalent chromium can be of non-recyclable toxic pollutants that stream, then the resulting F006 sludge substituted for highly toxic hexavalent pass through recovery processes and are could have relatively low metal values chromium in a few applications. In ultimately disposed of in landfills. The and could be less amenable to metals many applications, this substitution Agency, therefore, urges facilities recovery. Of course, this tension may not be possible. Many metal (although not specifically required by between pollution prevention practices finishers have reduced or eliminated the proposed rule) to implement at least and metals recovery is highly dependent cyanide and cadmium use by one chemical substitution pollution on the specific pollution prevention substituting other materials, or by prevention measure that reduces or practice that is employed. For example, ceasing certain plating operations. eliminates the amount of toxic some recovery technologies such as ion Chemical substitution pollution pollutants (e.g., cadmium, cyanide, exchange work better on dilute prevention practices are generally more arsenic, hexavalent chromium, or wastewaters than on wastewaters with protective of human health and the halogenated or chlorinated solvents) higher metal content. environment because they eliminate or contained in F006 sludge that are not As alluded to above, the metal reduce the amount of toxic pollutants in economically recoverable from F006 finishing industry can implement a the sludge, and produce sludge that is waste. Nonetheless, any facility that wide variety of pollution prevention more amenable for metals recovery (by already has pollution prevention practices. Some pollution prevention reducing the amount of non-recyclable practices in place that meet the practices can actually enhance the toxic pollutants in the sludge). requirements of this proposed rule metals recovery process by Pollution prevention practices protect would not be required to implement concentrating metals in the F006 waste human health and the environment additional pollution prevention or by segregating waste streams into because they reduce the volume and practices. mono-metal or bi-metal sludges that can toxicity of F006 sludge and make it The Agency believes that a general be more amenable to metals recovery. more amenable for metals recovery. For condition requiring pollution The use of several pollution prevention example, dewatering F006 sludge makes prevention practices as part of the measures such as rinse water reduction the waste safer to manage (reduction in proposed rule is preferable to a more techniques, chemical substitution, and free liquids in waste reduces the specific pollution prevention waste stream separation can produce a potential for releases into the requirement. The technical and sludge that is less hazardous to manage environment in the event of a spill) and economic variables that affect the and more amenable to metals recovery. more amenable for metals recovery feasibility of using one or more specific The Agency believes that requiring both 4824 Federal Register / Vol. 64, No. 20 / Monday, February 1, 1999 / Proposed Rules pollution prevention practices and finishing industry to improve F006 comments on how pollution prevention metals recovery as conditions for the sludge quality (i.e., reduce the toxicity practices and metals recovery can best 180-day accumulation time is of the sludge and make it more be used together to promote compatible with environmentally amenable to metals recovery), and is environmentally sound metals recovery responsible metal finishing, is protective of human health and the and to protect human health and the consistent with efforts of the metal environment. The Agency requests environment.

TABLE 1.ÐEXAMPLES OF POLLUTION PREVENTION MEASURES

Method Pollution prevention benefits

Improved Operating Practices

Remove cadmium and zinc anodes from bath when it is idle. Anode • Eliminates cadmium/zinc buildup causing decanting of solution due baskets can be placed on removable anode bars that are lifted from to galvanic cell set up between steel anode basket and cadmium/ tank by an overhead hoist. zinc anodes. • Maintains bath within narrow Cd/Zn concentration providing more predictable plating results. Eliminate obsolete processes and/or unused or infrequently used proc- • Reduces risks associated with hazardous chemicals. esses. • Creates floor space to add countercurrent rinses or other P2 meth- ods. • Creates safer and cleaner working environment. Waste stream segregation of contact and non-contact wastewaters ...... • Eliminates dilution of process water prior to treatment which can in- crease treatment efficiency. • Reduces treatment reagent usage and operating costs. Establish written procedures for bath make-up and additions. Limit • Prevents discarding process solutions due to incorrect formulations chemical handling to trained personnel. Keep tank addition logs. or contamination. • Improves plating solution and work quality consistency. • Improves shop safety. Install overflow alarms on all process tanks to prevent tank overflow • Minimizes potential for catastrophic loss of process solution via over- when adding water to make up for evaporative losses. flow. • Prevents loss of expensive chemicals. Conductivity and pH measurement instruments and alarm system for • Identifies process solution overflows and leaks before total loss oc- detecting significant chemical losses. curs. • Alerts treatment operators to potential upset condition. • Reduces losses of expensive plating solutions. Control material purchases to minimize obsolete material disposal ...... • Reduces hazardous waste generation. • Reduces chemical purchases. Use process baths to maximum extent possible before discarding. • Prevents discarding of solutions prematurely. Eliminate dump schedules. Perform more frequent chemical analysis. • Reduces chemical costs. • Improves work quality with chemical adjustments of baths. Reduce bath dumps by using filtration to remove suspended solids • Extends bath life. contamination. • Reduces solid waste generation by reusing filter cartridges. • Improves bath performance.

Process/Chemical Substitution

Substitute cyanide baths with alkaline baths when possible ...... • Eliminates use of CN. Substitute trivalent chromium for hexavalent chromium when product • Reduces/eliminates use of hexavalent chromium. specifications allow. Eliminate use of cadmium plating if product specifications allow ...... • Eliminates the use of cadmium.

Drag-Out Reduction Methods That Reduce Waste Generation

Install fog rinses or sprays over process tanks to remove drag out as • Can inexpensively recover a substantial portion of drag out and does rack/part exits bath. not require additional tankage. Minimize the formation of drag out by: redesigning parts and racks/bar- • Reduces pollutant mass loading on treatment processes, treatment rels to avoid cup shapes, etc. that hold solution; properly racking reagent usage, and resultant sludge generation. parts; and reducing rack/part withdraw speed. • May improve treatment operation/removal efficiency. • Reduces chemical purchases and overall operating costs.

Rinse Water Reduction Methods That Reduce Waste Generation

Install flow restrictors to control the flow rate of water ...... • Reduces water use and aids in reducing variability in wastewater flow. • Is very inexpensive to purchase and install. Install conductivity or timer rinse controls to match rinse water needs • Coordinates water use and production when properly implemented. with use. • Provides automatic control of water use. Use counter-current rinse arrangement with two to four tanks in series • Can achieve major water reduction. depending on drag-out rate. • Has high impact on water bills. Federal Register / Vol. 64, No. 20 / Monday, February 1, 1999 / Proposed Rules 4825

TABLE 1.ÐEXAMPLES OF POLLUTION PREVENTION MEASURESÐContinued

Method Pollution prevention benefits

• May reduce the size of recovery/treatment equipment that is needed. Track water use with flow meters and accumulators. Keep logs on • Identifies problem areas including inefficient processes or personnel. water use for individual operations. • Helps management to determine cost for individual plating proc- esses. Source: NCMS/NAMF. Pollution Prevention and Control Technology for Plating Operations. 1994 b. Metals Recovery accumulate a full truck load before Accordingly, the Agency asks whether a Today’s rule would allow the 180-day having to ship it off site. Accordingly, generator of F006 waste should be accumulation time for generators who the proposed rule sets a limit of 16,000 allowed to accumulate quantities of store F006 waste on site and recycle kilograms (approximately 17.6 tons) of mono-metal F006 sludges that are F006 waste by metals recovery off site. F006 waste that can be accumulated on necessary to facilitate proper metals Accordingly, the proposed rule supports site at any one time. This amount is recovery of that mono-metal sludge (i.e., a preference of metals recovery over equivalent to slightly more than a full up to 16,000 kilograms of each mono- treatment and land disposal for F006 truck load of F006 waste. Once a metal sludge). The Agency requests waste by allowing up to 180 days generator has accumulated a truck load comments on whether the 16,000 accumulation time only for those of F006 waste (regardless of whether the kilogram accumulation limit should generators who engage in F006 waste waste has been accumulated for less apply to the total quantity of F006 waste metals recovery. The benefit of this than 180 days), the generator would be accumulated on site or to the quantity provision would be available only if the required to ship the F006 waste off site of separate F006 waste streams such as accumulated F006 waste is sent off site for metals or to obtain a RCRA storage mono-metal sludges that must be sent for metals recovery, thereby providing permit. EPA believes that it is off site to separate metals recovery an incentive for recycling of F006 waste appropriate to set a quantity limit for facilities. over treatment and land disposal. The accumulation because the permit Agency requests comments on whether exemption should be for the shortest 2. Additional Accumulation Time the 180-day accumulation time should time reasonably necessary to advance Under Certain Circumstances be available only to those F006 waste the recycling objectives of the proposal. a. 200 Miles or More generators that pursue F006 waste Also, this is consistent with the metals recovery and not to those who underlying rationale of the land Under today’s proposal, generators of manage their F006 waste through disposal restrictions (LDR) storage F006 waste would have up to 270 days treatment and land disposal. prohibition provision in which to accumulate F006 waste on site Today’s proposed rule distinguishes generators may store LDR restricted without a RCRA permit under certain between metals recovery that is done on hazardous wastes in ‘‘tanks, containers conditions. If the generator must site or off site. If the metals recovery is or containment buildings [on site] solely transport the waste, or offer the waste done on site, the generator would not for the purpose of the accumulation of for transport, over a distance of 200 need additional time to accumulate the such quantities of hazardous waste as miles or more for off-site metals waste to reduce shipping costs necessary to facilitate proper recovery, recovery, the generator would be able to associated with metals recovery. It may, treatment or disposal. * * *.’’ accumulate the F006 waste on site for however, be necessary to accumulate (emphasis added) 40 CFR 268.50. In up to 270 days without a permit or enough F006 waste to make some type today’s proposed rule, EPA has without having interim status, provided of on-site batch metals recovery process identified the quantity of F006 waste the generator has implemented or other type of on-site metals recovery necessary to facilitate metals recovery to pollution prevention practices that more cost effective. Furthermore, if be one full truck load (i.e., 16,000 reduce the volume or toxicity of the accumulating F006 waste for 180 days kilograms). The Agency requests F006 waste or that make it more poses little, if any, potential harm to comments on whether a limit on the amenable for metals recovery, recycles human health and the environment, as amount of F006 waste that can be the F006 waste by metals recovery, does the damage incident history of F006 accumulated is an appropriate condition not accumulate more than 16,000 storage would suggest (a copy of which and, if so, whether the 16,000 kilogram kilograms of F006 waste at any one is in the docket for this rulemaking), limit is the appropriate limit (as time, and complies with the applicable then allowing 180-day accumulation for opposed to a different amount). management standards in the proposed both on-site and off-site metals recovery Furthermore, generators of F006 waste may implement pollution prevention rule. This provision is analogous to the could be justified. The Agency requests provision for small quantity generators comments on whether the additional practices whereby the metal constituents in the F006 sludge are in the existing generator accumulation accumulation time should be allowed regulations at 40 CFR 262.34(e). for both on-site and off-site metals isolated in separate waste streams (as recovery or, if so, under what opposed to an F006 sludge with several As with the rest of the proposed circumstances would a generator need metals which is generally the case). provisions of this rule, this requirement more than 90 days to accumulate F006 Generating such mono-metal sludges is intended to allow generators waste prior to on-site metals recovery. makes the F006 waste more amenable to sufficient time to accumulate enough metals recovery, but each of the mono- F006 waste to make shipment of this c. Limit on the Amount of F006 Waste metal sludges would need to go to waste off site more cost effective. That Can Be Accumulated different metals recovery facilities (e.g., Shipping F006 waste to a metals As stated above, one rationale for chromium F006 sludge to a chromium recovery facility that is located more allowing the 180-day accumulation time recovery facility and copper F006 than 200 miles away would cost more for F006 waste is to allow generators to sludge to a copper smelter). than shipping F006 waste to a local (i.e., 4826 Federal Register / Vol. 64, No. 20 / Monday, February 1, 1999 / Proposed Rules less than 200 miles away) hazardous This provision is analogous to the sufficient time to accumulate full truck waste landfill. For those generators of provision for other generators in the loads of F006 waste on site. Allowing F006 waste that do not accumulate existing regulations at 40 CFR 262.34(b). the 180-day accumulation time for enough F006 waste to fill a truck load Because the proposed rule sets an generators of F006 waste should help (i.e., 16,000 kilograms of F006 waste) accumulation limit of 16,000 kilograms minimize economic barriers posed by within 180 days and are located more of F006 waste that can be accumulated the existing accumulation rule and is, than 200 miles from a metals recovery on site at any one time, the proposed therefore, likely to increase F006 waste facility, treatment and disposal of the rule would also allow a generator to recycling through metals recovery. F006 waste in the local hazardous waste request permission to accumulate more The 180-day accumulation time landfill may be the generator’s preferred than 16,000 kilograms of F006 waste, if proposed in today’s rule may be management option over metals more than 16,000 kilograms must particularly helpful for generators of recovery. For those generators of F006 remain on site due to unforeseen, relatively small amounts of F006 waste, waste that are located long distances temporary, and uncontrollable many of whom are small businesses. from an appropriate metals recovery circumstances. The rationale that is These small businesses, however, facility, the 270-day accumulation applicable for needing additional time generate more than the regulatory limits period is reasonable to allow generators to accumulate F006 waste on site due to for small quantity generators, and to accumulate more F006 waste for a unforeseen, temporary, and therefore, cannot take advantage of the larger load being shipped off site. The uncontrollable circumstances would be 180-day accumulation provided for generator would, however, still be equally applicable for accumulating small quantity generators under the subject to the pollution prevention more than the set accumulation limit of existing federal regulations. In many condition, the metals recovery 16,000 kilograms under certain instances, it is these small businesses requirement, and the accumulation limit conditions. EPA requests comments on that are not recycling their F006 waste of 16,000 kilograms in this proposed these extensions due to unforeseen, through metals recovery due, in part, to rule. Accordingly, the 270-day temporary, and uncontrollable economic factors (e.g., increased costs accumulation period will be particularly circumstances. associated with metals recovery). The 180-day accumulation time can make helpful for generators of relatively small B. Rationale for Proposed Accumulation F006 waste metals recovery more cost amounts of F006 waste (i.e., those that Rule for F006 Waste do not accumulate more than 16,000 effective, particularly for the small kilograms of F006 waste in 180 days and In today’s proposed rule, EPA is businesses that may generate smaller that must ship the F006 off site more allowing only generators of F006 waste amounts of F006 waste. than 200 miles to a metals recovery up to 180 days (or up to 270 days, if In order to facilitate more F006 waste facility) and may allow them to send applicable) to accumulate F006 waste metals recovery, EPA has, in this their F006 waste to a metals recovery on site without a RCRA permit or proposed rule, set an accumulation limit facility rather than to a treatment and interim status, provided that the (i.e., 16,000 kilograms of F006 waste) disposal facility. The Agency requests generator has complied with the that would, based on waste generation comments on whether this additional requirements of the rule. As part of the patterns in the industry, allow accumulation time is warranted and CSI for the Metal Finishing Industry, generators of F006 waste to accumulate appropriate for generators of F006 waste EPA and the other participating a full truck load for transport. Having a who must ship their F006 waste 200 stakeholders have been examining the full load of F006 waste for transport will miles or more to an off-site metals generation and management of F006 make F006 waste metals recovery more recovery facility. waste. Today’s proposed rule is a cost effective, thereby encouraging more product of the CSI stakeholders’ efforts, F006 waste metals recovery. Although b. Unforeseen, Temporary, and has the support of the participating the 180-day accumulation time may Uncontrollable Circumstances stakeholders, and is designed to allow individual F006 waste generators This proposed rule also provides for encourage more recycling of F006 waste to accumulate more F006 waste on site an extension of the accumulation through metals recovery. at any one time, the total cumulative period, if the generator’s F006 waste Given the large number of smaller amount of F006 waste that is must remain on site for longer than 180 waste generators in the metal finishing accumulated on site nationally at any days (or 270 days, if applicable) due to industry and the fact that F006 waste one time will not increase substantially unforeseen, temporary, and has recoverable amounts of metals, the because of the accumulation limit. uncontrollable circumstances. The Agency believes that today’s proposal Based on F006 waste generation data, generator would be able to, under these will encourage more recycling of F006 the Agency expects a slight increase in circumstances, request that the EPA waste. While most F006 sludge contains the cumulative amount of F006 waste Regional Administrator or authorized recoverable amounts of metals, accumulated on site nationally just after state grant an extension up to 30 days. approximately only 20% of F006 sludge 90 days. Many generators will This provision is intended to provide is currently being recycled through accumulate a full truck load of F006 the generator with some temporary metals recovery. In addition, F006 waste waste shortly after 90 days. As relief until the unforeseen, temporary, is a diverse waste stream in which a individual generators accumulate the and uncontrollable circumstances can number of different metals can be proposed limit of F006 waste (i.e., be rectified. The Agency has previously found, depending on the plating 16,000 kilograms), the F006 waste identified the following circumstances operations at a facility. The different generator would have to ship that as possible rationales for granting this metals are often subject to different amount off site for metals recovery. At extension: facility’s refusal to accept economic factors (e.g., market value of that point (i.e., just after 90 days) the waste, transportation delays, or labor metals) and technical feasibility issues amount of F006 waste accumulated on strikes. See 47 FR 1248, 1249 (January that can impact metals recovery of F006 site nationally at any one time would 11, 1982). These extensions may, waste. Based on the information remain relatively constant because the however, be granted at the discretion of presented to the Agency on this matter, amount of F006 waste being shipped off the EPA Regional Administrator or the EPA believes that metals recovery will site would be roughly equivalent to the authorized state on a case-by-case basis. increase if metal finishers are given additional amount of F006 waste being Federal Register / Vol. 64, No. 20 / Monday, February 1, 1999 / Proposed Rules 4827 generated and accumulated during the F006 waste into the environment. Finally, the 180-day accumulation 180-day (or 270-day, if applicable) Similarly, workers will be required to time in today’s rule is consistent with accumulation period. The accumulation handle the F006 waste less often the rationale for the 90-day limit is designed to encourage more (because transfers will occur less often), accumulation rule. In promulgating the F006 waste metals recovery (e.g., by thereby decreasing their potential 90-day accumulation rule, EPA allowed allowing accumulation of a full truck exposure to the F006 waste. generators to accumulate waste on site load) and to ensure that the amount of In the event of a spill of a dewatered without a RCRA permit or interim F006 waste accumulated on site F006 sludge during the 180-day status, in part, because such activity was nationally at any one time does not accumulation period (e.g., release consistent with typical generator increase significantly. Accordingly, the caused by a rip or tear in a super sack), activities. The 180-day accumulation 180-day accumulation time, with the the potential risk of harm to human time in today’s proposed rule would 16,000 kilogram accumulation limit, health and the environment would facilitate generators of F006 waste in would not significantly increase the appear to be minimal as compared to a appropriately managing the F006 waste potential cumulative harm to human spill of a free liquid or dust. First, with off site for metals recovery. EPA health and the environment resulting the low moisture content of F006 sludge believes that accumulating F006 waste from the on-site accumulation of F006 (a cake-like material resulting from on site up to 180 days (to encourage waste. dewatering), a spill of F006 waste could more recycling through metals recovery) The F006 waste would have to be be contained relatively easily. Spilled is more like typical generator activity accumulated on site in tanks, F006 waste generally retains its shape than typical treatment, storage, or containers, or containment buildings and is not likely to run off as a free disposal facility activities, because the that meet the applicable management liquid or disperse in the wind like a 180-day accumulation is an on-site 2 standards. These units are designed to dust. Second, the metals recovery accumulation activity, prior to waste minimize loss of hazardous waste to the requirement in today’s rule would act as management activities. Today’s environment. These are the same an incentive to recover any spilled F006 proposed rule maintains the rationale of requirements that currently apply to waste so that the material can be the 90-day accumulation rule. generators under the existing processed for metals recovery. Third, C. Applicable Management Standards accumulation rule. Most F006 waste under the management standards generators accumulate the F006 waste in Under today’s proposed rule, the applicable to the accumulation units in same hazardous waste management super sacks (sacks that are reinforced today’s rule, spills and releases of F006 woven resin and designed to requirements governing 90-day on-site waste must be contained and remedied accommodate bulk shipments) or bulk accumulation of hazardous waste under as soon as practicable. Accordingly, storage containers. These super sack 40 CFR 262.34, other than the length of today’s proposed rule includes containers are designed to minimize time that generators of F006 waste can sufficient safeguards to minimize the loss to the environment. See 62 FR accumulate the waste on site without a potential harm to human health and the 25998, 26013 (1997). Allowing RCRA permit,3 would apply to 180-day environment that may be associated generators of F006 waste to accumulate accumulation of F006 waste. These with spills of F006 waste during the the waste for a longer period of time in requirements include technical 180-day accumulation period. such containers does not pose any standards for units used to accumulate significantly increased potential harm to When more F006 waste is hazardous wastes, recordkeeping human health or the environment. accumulated at a facility, the potential standards to document the length of In addition, the 180-day accumulation exists for bigger releases of F006 waste time hazardous wastes are accumulated time is expected to decrease the at a facility. Bigger releases of F006 and stored on site, and preparedness potential for releases of hazardous waste during the proposed and emergency response procedures. constituents from the handling of F006 accumulation period would not be The existing management standards as waste. A recent review of damage expected because F006 waste is they would apply to generators of F006 incidents associated with the generally accumulated in super sacks. A waste under this proposed rule are management of F006 waste (the damage bigger release of F006 waste would, summarized below. The Agency incidents report was prepared as therefore, occur only if several super requests comments on these standards background for this proposed sacks failed (i.e., ripped or tore) at the only as they apply to 180-day on-site rulemaking) suggested that most of the same time. The likelihood of multiple accumulation of F006 waste. failures of super sacks occurring reported incidents of releases of F006 1. Accumulation Units waste were associated with the transfer simultaneously is fairly remote. In of F006 waste from accumulation to addition, the potential for a bigger A generator of F006 waste may transport vehicle, from transport vehicle release of F006 waste during the 180- accumulate the hazardous waste on site to receiving facility, or while in day accumulation period is limited for up to 180 days in specified units transport. Because the 180-day because the amount of F006 waste that without obtaining a RCRA permit. These accumulation time will mean that the can be accumulated at a facility under accumulation units must comply with F006 waste is transferred from generator today’s rule is restricted to 16,000 the unit-specific technical standards of to transporter to receiving facility less kilograms. In contrast, the existing 90- 40 CFR Part 265 for containers (subpart often and that fewer shipments of F006 day accumulation rule has no limit on I), tanks (subpart J), and containment waste will be made, today’s rule should the amount of hazardous waste that can buildings (subpart DD). The unit-specific standards in 40 CFR decrease the potential for releases of be accumulated (and, therefore, no limit on the amount of hazardous waste that Part 265 include provisions for the design, installation and general 2 Today’s proposed rule does not allow could potentially be released during the accumulation of F006 waste in drip pads (as is 90-day accumulation period). condition of each unit. The provided in the existing accumulation regulations Accordingly, the potential for bigger in 40 CFR 262.34) because F006 waste is not releases of F006 waste during the 180- 3 Today’s proposed rule would not affect any managed in drip pads, nor does the Agency believe RCRA Subtitle C requirements for generators of that it would be appropriate to accumulate F006 day accumulation period would appear F006 waste, other than the changes to 40 CFR waste in drip pads. to be minimal. § 262.34 specified in this proposed rule. 4828 Federal Register / Vol. 64, No. 20 / Monday, February 1, 1999 / Proposed Rules requirements governing each type of The requirements specify that generator on call, whenever the facility is in unit include standards for ensuring the facilities must generally be equipped operation. compatibility of the waste and the unit with emergency devices, such as an Provisions for emergency procedures and special requirements for ignitable, internal communications or alarm specified in subpart D of Part 265 reactive or incompatible wastes. In system, a telephone or other device include: immediate notification of addition, there are provisions for capable of summoning emergency employees and local, state, and Federal performing inspections to monitor for assistance, and appropriate fire control authorities of any imminent or actual leaks and deterioration of the unit and equipment, unless none of the wastes emergencies, measures to preclude the for proper response to and containment handled at the facility require a spread of fires and explosions to other of releases. Generators of F006 waste particular kind of equipment. wastes, proper management of residues, that comply with the applicable Equipment must be tested and rehabilitation of emergency equipment regulatory requirements may also treat maintained, as necessary, to assure its and notification of authorities before the waste in the accumulation unit proper functioning. All persons operations are resumed, and record without a RCRA permit during the 180- involved in hazardous waste handling keeping and reporting to EPA on the day accumulation period that is operations must have immediate access nature and consequences of any proposed in today’s rule. to either an internal or external alarm or incident that requires implementing the communications equipment, unless contingency plan. 2. Documentation of Accumulation The Agency is not proposing any Time such a device is not required. Additionally, the generator is also changes or amendments to the existing Generators of F006 waste must also required to maintain sufficient aisle contingency plans and emergency comply with documentation space to allow for the unobstructed procedure requirements, other than requirements to indicate the length of clarifying that the existing requirements movement of personnel and equipment time that wastes remain on site in apply to generators of F006 waste to any area of the facility operations in accumulation units and to ensure that accumulating the waste on site up to an emergency, unless aisle space is not wastes remain on site for no more than 180 days. needed for any of these purposes. 180 days from the date the waste is Generators also must attempt to make 6. Personnel Training (40 CFR 265.16) generated. Today’s proposal does not arrangements with police, fire impose documentation requirements for As proposed in today’s rule, departments, state emergency response generators of F006 waste in addition to generators of F006 waste who teams, and hospitals, as appropriate, to those already required for generators accumulate on site for up to 180 days familiarize these officials with the accumulating F006 waste up to 90 days are subject to the provisions for layout of the generator’s site and the under the existing regulations. personnel training in 40 CFR 265.16. properties of each type of waste handled These requirements are designed to 3. Labeling and Marking Accumulation at the facility in preparation for the ensure that personnel are adequately Units potential need for the services of these prepared to manage hazardous waste Generators of F006 waste are required organizations. If state or local and respond to any emergencies that are to mark or label all units used to authorities decline to enter into such likely to arise. Personnel training can be accumulate F006 wastes to indicate that arrangements, the owner or operator in the form of on-the-job or classroom the units contain hazardous waste and must document the refusal. training, but must be performed by an to document the date upon which the The Agency is not proposing any instructor who is trained in hazardous period of accumulation began. The changes or amendments to the existing waste management procedures. labeling and marking requirements preparedness and prevention Personnel training must be performed specify that the date upon which requirements, other than clarifying that within six months of initial employment accumulation begins must be clearly the existing requirements apply to and must be renewed annually. The marked on each tank or container and generators of F006 waste accumulating owner or operator of a facility also must that each tank or container used to the waste on site up to 180 days. maintain records in accordance with 40 accumulate hazardous waste must be 5. Contingency Plan and Emergency CFR 265.16(d) to document completion labeled with the words ‘‘Hazardous Procedures (40 CFR Part 265, Subpart D) of the training requirements for Waste.’’ The Agency is not proposing employees. The Agency is not proposing any changes or amendments for Generators of F006 waste who any changes or amendments to the accumulation units, other than accumulate that waste on site for up to existing personnel training clarifying that these requirements apply 180 days under today’s proposed rule requirements, other than clarifying that to generators of F006 waste must comply with the contingency plan the existing requirements apply to accumulating the waste up to 180 days. and emergency procedures provisions of generators of F006 waste accumulating 40 CFR part 265, subpart D. A the waste on site for up to 180 days. 4. Preparedness and Prevention (40 CFR generator’s contingency plan must Part 265, Subpart C) include, where necessary: a description 7. Waste Analysis and Record Keeping Under today’s proposed rule, of the generator’s planned response to (40 CFR 268.7(a)(4)) generators of F006 waste who emergencies at the facility, any Under today’s proposed rule, accumulate F006 waste on site for up to arrangements with local and state generators of F006 wastes who 180 days must comply with subpart C agencies to provide emergency response accumulate F006 waste on site for up to of Part 265 which contains requirements support, a list of the facility’s emergency 180 days and treat their wastes in an for facility preparedness and response coordinators, a list of the accumulation tank, container, or prevention. These generator facilities facility’s emergency equipment, and an containment building, located at the must be maintained and operated in a evacuation plan. Requirements for generator’s site to meet the applicable manner that minimizes the possibility of distributing and amending the land disposal treatment standards under fire, explosion, or any unplanned contingency plan are specified. In 40 CFR part 268, subpart D, must release of hazardous waste or hazardous addition, a facility emergency prepare and follow a written waste waste constituents to the environment. coordinator must be either present, or analysis plan. The waste analysis plan Federal Register / Vol. 64, No. 20 / Monday, February 1, 1999 / Proposed Rules 4829 must describe the procedures the provisions as state law to retain final way, the economy, a sector of the generator will use to comply with the authorization, HSWA applies in economy, productivity, competition, treatment standards for the waste. The authorized states until the states revise jobs, the environment, public health or waste analysis plan must be based upon their programs and receive safety, or State, local, or tribal a chemical and physical analysis of a authorization for the new provision. governments or communities; (2) create representative sample of the generator’s B. Effect of State Authorizations serious inconsistency or otherwise waste stream. Hazardous waste interfere with an action taken or generators are required to submit a copy Today’s proposal, if finalized, will planned by another agency; (3) of their waste analysis plans for promulgate regulations that are not materially alter the budgetary impact of hazardous wastes treated in 180-day effective under HSWA in authorized entitlements, grants, user fees, or loan accumulation units to either the states. This rule would, therefore, be programs or the rights and obligations of authorized state or EPA Regional office applicable only in those states that do recipients; or (4) raise novel legal or prior to conducting treatment. not have final authorization. policy issues arising out of legal Authorized states are only required to Generators also are required to retain a mandates, the President’s priorities, or modify their programs when EPA copy of the waste analysis plan in the the principles set forth in the Executive promulgates federal regulations that are generator’s files. Order.’’ The Agency is not proposing any more stringent or broader in scope than changes or amendments to the generator the authorized state regulations. For The Agency estimated the costs of waste analysis plan or record keeping those changes that are less stringent today’s final rule to determine if it is a requirements, other than clarifying that than the federal programs, states are not significant regulation as defined by the such standards apply to generators of required to modify their programs. This Executive Order. The analysis F006 waste accumulating the waste on is a result of section 3009 of RCRA, considered compliance costs and site for up to 180 days. which allows states to impose more economic impacts for F006 wastes stringent regulations than the federal affected by this rule. EPA estimates the IV. State Authority program. Today’s proposal for total cost of the rule to be a savings in A. Applicability of Rules in Authorized additional accumulation time for the range of $3.9 to $4.9 million States generators of F006 waste would be annually, and concludes that this rule is considered less stringent than the Under section 3006 of RCRA, EPA not economically significant according existing federal regulations because it may authorize qualified states to to the definition in E.O. 12866. allows more than the existing 90 days of administer and enforce the RCRA Moreover, the Agency believes that this accumulation time that is in the existing hazardous waste program within the rule is not significant because it does regulations. Authorized states are not, state. (See 40 CFR part 271 for the not create serious inconsistency with therefore, required to modify their standards and requirements for actions taken or planned by another programs to adopt regulations consistent authorization.) Following authorization, agency, materially alter budgetary with, and equivalent to, today’s EPA retains enforcement authority impact or rights and obligations of proposal. under sections 3008, 7003, and 3013 of recipients. The Office of Management Even though states are not required to RCRA, although authorized states have and Budget, however, has deemed this adopt the additional accumulation time primary enforcement responsibility. rule to be significant for novel policy Prior to the Hazardous and Solid for generators of F006 waste in today’s reasons and has reviewed this rule. Waste Amendments (HSWA) of 1984, a proposal, EPA strongly encourages states to do so as quickly as possible. As Detailed discussions of the state with final authorization methodology used for estimating the administered its hazardous waste discussed above, the proposed rule is intended to encourage and facilitate costs, economic impacts and the program entirely in lieu of EPA benefits attributable to today’s proposed administering the federal program in recycling of F006 waste. In addition, states have been participating as rule for on-site accumulation of F006 that state. The federal requirements no wastes, followed by a presentation of longer applied in the authorized state stakeholders in the CSI process and efforts are being made to get as many the cost, economic impact and benefit and EPA could not issue permits for any results, may be found in the background facility in the state that the state was states as possible to join in on the CSI goals and implementation programs. document: ‘‘Regulatory Impact Analysis authorized to permit. When new, more of the Proposed Rule for a 180-Day stringent federal requirements were States are, therefore, urged to consider the adoption of today’s proposal, when Accumulation Time for F006 promulgated or enacted, the state was Wastewater Treatment Sludges,’’ which obliged to enact equivalent authority promulgated, and EPA is committed to making efforts to expedite review of was placed in the docket for today’s within specified time frames. New proposed rule. federal requirements did not take effect authorized state program revision in an authorized state until the state applications that incorporate today’s 1. Methodology Section adopted the requirements as state law. proposal. In contrast, under section 3006(g) of V. Regulatory Requirements The Agency examined reported values RCRA, 42 U.S.C. 6926(g), new for F006 waste generation from the 1995 requirements and prohibitions imposed A. Regulatory Impact Analysis Pursuant Biennial Reporting Systems (BRS) under the HSWA take effect in to Executive Order 12866 database to estimate the volumes of authorized states at the same time that Executive Order No. 12866 requires F006 waste affected by today’s rule, to they take effect in non-authorized states. agencies to determine whether a determine the national level EPA is directed to implement HSWA regulatory action is ‘‘significant.’’ The incremental costs (for both the baseline requirements and prohibitions in an Order defines a ‘‘significant’’ regulatory and post-regulatory scenarios), authorized state, including the issuance action as one that ‘‘is likely to result in economic impacts (including first-order of permits, until the state is granted a rule that may: (1) Have an annual measures such as the estimated authorization to do so. While states effect on the economy of $100 million percentage of compliance cost to must still adopt HSWA-related or more or adversely affect, in a material industry or firm revenues), and benefits. 4830 Federal Register / Vol. 64, No. 20 / Monday, February 1, 1999 / Proposed Rules

2. Results applicable) accumulation time will agencies to provide a statement of the a. Volume Results allow some F006 waste generators to factual basis for certifying that a rule reduce this surcharge. will not have a significant economic The BRS database reports that in 1995 impact on a substantial number of small c. Economic Impact Results there were 1,317 metal finishing firms entities. The following discussion potentially affected by today’s rule. The To estimate potential economic explains EPA’s determination. data report that these firms generated impacts resulting from today’s proposed Data indicate that virtually all 24,000 tons of F006 waste annually that rule, EPA has used first order economic independent electroplaters or job shops are eligible to benefit from today’s impacts measures such as the estimated are small entities.7 Captive shops proposed rule. EPA is aware that this cost savings of today’s proposed rule as contain both large and small entities. estimate on the number of firms that a percentage of sales/revenues. EPA has Data on captive plating operations are, could benefit from today’s proposal applied this measure to affected F006 however, more limited. The regulatory probably underestimates the total waste generators. For affected F006 impact analysis completed for this number of firms affected by today’s waste generators, EPA has estimated the proposed rule indicated that of 3,296 job rulemaking. In 1994, EPA estimated that cost savings to be less than one percent shops, all but 2 are small entities. BRS there were approximately 13,400 metal of a typical metal finisher’s sales or data indicate that a total of 1,934 plating finishing establishments in the United revenues. More detailed information on facilities including both captive and States.4 Of the total, approximately this estimate can be found in the independent operations generate F006 10,000 metal finishing facilities are regulatory impact analysis placed into waste with 1,317 of these firms affected estimated to be ‘‘captive’’ shops where today’s docket. by this proposed rule. Although the BRS the metal finishing operation is d. Benefits Assessment data do not indicate what proportion of contained inside a larger manufacturing these affected facilities are small operation. The balance of 3,400 metal The Agency has performed a entities, it is likely that the majority of finishing facilities are ‘‘job shops’’ or qualitative benefits assessment for these affected facilities are small ‘‘independent’’ metal finishing today’s proposed rule. EPA believes that entities, because the plating firms operations. Job shops are usually small a relatively small, but significant affected by this proposed rule generate businesses that operate on a contract percentage of total F006 waste generated the smallest quantities of F006 (which is basis. In contrast, the most recent BRS would be diverted from land disposal to related to both facility size and product data only account for about three off-site recycling. This shift from land output). This proposed rule would not thousand of this total. Thus, it is likely disposal to recycling should result in a have a significant economic impact on that cost savings and benefits associated conservation of natural resources a substantial number of small entities with this rulemaking are greater than associated with primary mineral because today’s proposed rule would estimated below. extraction including reduced water, relieve regulatory burden for metal b. Cost Results energy inputs as well as reduced solid finishers and captive operations by waste (e.g., slag, tailings, overburden) For today’s proposed rule, EPA has allowing them up to 180 days (instead outputs. Other benefits expected from of 90 days) to accumulate F006 wastes estimated a cost savings associated with today’s proposed rule include a 180-day accumulation time for large on site. In addition, the Agency conservation of hazardous waste landfill estimates that this proposed rule would quantity generators of F006 waste. The capacity, reduced balance of payments total incremental savings estimated is lead to an overall cost savings in the for nonferrous mineral commodities, range of $3.9 to $4.9 million annually. between $3.9 million and $4.9 million and conservation of strategic metals 6. per year. These savings result from The rule does not impose new burdens being able to reduce the total number of B. Regulatory Flexibility on small entities. Therefore, I hereby certify that this rule will not have a shipments of F006 waste off-site for Pursuant to the Regulatory Flexibility significant economic impact on a recycling. Savings also result from a Act (5 U.S.C. 601 et seq., as amended by substantial number of small entities. lower cost per ton of transportation the Small Business Regulatory This rule, therefore, does not require a because generators are able to Enforcement Fairness Act (SBREFA) of regulatory flexibility analysis. accumulate more F006 waste for a 1996) whenever an agency is required to shipment off site and the cost per unit publish a notice of rulemaking for any C. Unfunded Mandates Reform Act of F006 waste transportation (for the proposed or final rule, it must prepare Title II of the Unfunded Mandates fixed cost portion of the transportation) and make available for public comment Reform Act of 1995 (UMRA), Pub. L. is less for a full truck as compared to a a regulatory flexibility analysis that 104–4, establishes requirements for partial truck load. In addition, literature describes the effect of the rule on small federal agencies to assess the effects of reviewed in the development of this entities (i.e., small businesses, small their regulatory actions on state, local, rulemaking indicates that recyclers organizations, and small governmental and tribal governments and the private sometimes assess a surcharge for small jurisdictions). However, no regulatory sector. Under Section 202 of the UMRA, volumes of material due to increased flexibility analysis is required if the EPA generally must prepare a written handling and administrative costs.5 It is head of an agency certifies the rule will statement, including a cost-benefit possible that a 180-day (or 270-day, if not have a significant economic impact analysis, for proposed and final rules on a substantial number of small with ‘‘federal mandates’’ that may result 4 U.S.E.P.A., Office of Policy, Planning and entities. in expenditures to state, local, and tribal Evaluation, IEc, SUSTAINABLE INDUSTRY: SBREFA amended the Regulatory Promoting Environmental Protection in the Industrial Sector, Phase 1 Report, June 1994, pp. 4– Flexibility Act to require Federal 7 See Small Business Size Standards, 61 FR 3280, 7, 4–8. 3289 (January 31, 1996) stating that manufacturing 5 George C. Cushnie Jr., National Center for 6 For more information on balance of trade for firms with less than 500 employees are considered Manufacturing Sciences & National Association of nonferrous minerals and conservation of strategic to be small entities. See also U.S.E.P.A. Office of Metal Finishers, Pollution Prevention and Control metals, see U.S. Environmental Protection Agency, Solid Waste and Emergency Response, Regulatory Technology for Plating Operations (Ann Arbor, MI: Report to Congress on Metal Recovery, Impact Analysis of Extending 90 Day Accumulation National Center for Manufacturing Sciences, 1994), Environmental Regulation and Hazardous Wastes Rule for F006 Wastewater Treatment Sludges, May p. 312. (Washington DC, U.S.EPA, 1994), Chapter 7. 22, 1998, pp.5–10. Federal Register / Vol. 64, No. 20 / Monday, February 1, 1999 / Proposed Rules 4831 governments, in the aggregate, or to the government, unless the Federal governments, nor does it impose any private sector, of $100 million or more government provides the funds enforceable duties on these entities. in any one year. Before promulgating an necessary to pay the direct compliance Accordingly, the requirements of EPA rule for which a written statement costs incurred by those governments, or section 3(b) of Executive Order 13084 is needed, section 205 of the UMRA EPA consults with those governments. If do not apply to this rule. generally requires EPA to identify and EPA complies by consulting, Executive consider a reasonable number of Order 12875 requires EPA to provide to F. Executive Order 13045 : Protection of regulatory alternatives and adopt the the Office of Management and Budget a Children From Environmental Health least costly, most cost-effective, or least description of the extent of EPA’s prior Risks and Safety Risks burdensome alternative that achieves consultation with representatives of the objectives of the rule. The affected State, local and tribal Executive Order 13045, entitled provisions of section 205 do not apply governments, the nature of their ‘‘Protection of Children from when they are inconsistent with concerns, any written communications Environmental Health Risks and Safety applicable law. Moreover, section 205 from the governments, and a statement Risks’’ (62 FR 19885, April 23, 1997), allows EPA to adopt an alternative other supporting the need to issue the applies to any rule that (1) is than the least costly, most cost-effective, regulation. In addition, Executive Order ‘‘economically significant’’ as defined or least burdensome alternative, if the 12875 requires EPA to develop an under Executive Order 12866, and (2) Administrator publishes with the final effective process permitting elected concerns an environmental health or rule an explanation why that alternative officials and other representatives of safety risk that an agency has reason to was not adopted. Before EPA establishes State, local and tribal governments ‘‘to believe may disproportionately affect any regulatory requirements that may provide meaningful and timely input in children. If the regulatory action meets significantly or uniquely affect small the development of regulatory proposals both criteria, the Agency must evaluate governments, including tribal containing significant unfunded the environmental health or safety governments, it must have developed mandates.’’ effects of the planned rule on children; under section 203 of the UMRA a small For the reasons described above, and explain why the planned regulation government agency plan. The plan must today’s proposed rule would not impose is preferable to other potentially provide for notifying potentially any enforceable duty or contain any effective and reasonably feasible affected small governments, enabling unfunded mandate upon any state, alternatives considered by the Agency. officials of affected small governments local, or tribal government; therefore This proposed rule is not subject to E.O. to have meaningful and timely input in Executive Order 12875 does not apply 13045, because this is not an the development of EPA regulatory to this action. economically significant regulatory proposals with significant federal E. Executive Order 13084: Consultation action as defined by E.O. 12866. The intergovernmental mandates, and and Coordination With Indian Tribal Agency does not have reason to believe informing, educating, and advising Governments the environmental health risks or safety small governments on compliance with risks addressed by this action concern a the regulatory requirements. Under Executive Order 13084, EPA EPA has determined that this rule may not issue a regulation that is not disproportionate risk to children. does not include a federal mandate that required by statute, that significantly or Because this rulemaking retains may result in estimated costs of $100 uniquely affects the communities of current container standards for million or more to either state, local, or Indian tribal governments, and that generators accumulating hazardous tribal governments in the aggregate. The imposes substantial direct compliance wastes on site without a permit (40 CFR rule would not impose any federal costs on those communities, unless the 262.34), EPA believes that the extended intergovernmental mandate because it Federal government provides the funds 180-day accumulation period will not imposes no enforceable duty upon state, necessary to pay the direct compliance result in increased exposures to tribal or local governments. States, costs incurred by the tribal children. Generators that accumulate tribes and local governments would governments, or EPA consults with F006 waste on site typically place the those governments. If EPA complies by have no compliance costs under this waste in containers such as 55-gallon consulting, Executive Order 13084 rule. It is expected that states will adopt drums or ‘‘super sacks’’ (sacks that are requires EPA to provide to the Office of similar rules, and submit those rules for reinforced woven resin and designed to inclusion in their authorized RCRA Management and Budget, in a separately identified section of the preamble to the accommodate bulk shipments). The programs, but they have no legally current container standards (40 CFR enforceable duty to do so. For the same rule, a description of the extent of EPA’s part 265, Subpart I) referenced in the reasons, EPA also has determined that prior consultation with representatives generator regulations (40 CFR 262.34) this rule contains no regulatory of affected tribal governments, a require that waste handlers, including requirements that might significantly or summary of the nature of their concerns, generators, to keep containers in good uniquely affect small governments. In and a statement supporting the need to addition, as discussed above, the private issue the regulation. In addition, condition (subject to remedial action if sector is not expected to incur costs Executive Order 13084 requires EPA to leaks are found), have containers closed exceeding $100 million. EPA has develop an effective process permitting during usage except when adding or fulfilled the requirement for analysis elected officials and other removing waste and inspect the under the Unfunded Mandates Reform representatives of Indian tribal containers at least weekly. In addition, Act. governments ‘‘to provide meaningful for these containers, waste handlers are and timely input in the development of required under Subpart I to comply with D. Executive Order 12875: Enhancing regulatory policies on matters that Subpart CC air emission standards for the Intergovernmental Partnership significantly or uniquely affect their containers. 40 CFR 265.178, 265.1087. Under Executive Order 12875, EPA communities.’’ EPA believes that these container may not issue a regulation that is not For the reasons described above, requirements are protective to minimize required by statute and that creates a today’s proposed rule does not create a the likelihood of exposure to hazardous mandate upon a State, local or tribal mandate on State, local or tribal waste managed in these units. 4832 Federal Register / Vol. 64, No. 20 / Monday, February 1, 1999 / Proposed Rules

G. Executive Order 12898: 20460, by e-mail at information; and transmit or otherwise Environmental Justice [email protected], or by disclose the information. An agency may not conduct or EPA is committed to addressing calling (202) 260–2740. A copy may also sponsor, and a person is not required to environmental justice concerns and is be downloaded off the internet at http:/ respond to, a collection of information assuming a leadership role in /www.epa.gov/icr. unless it displays a currently valid OMB environmental justice initiatives to EPA believes the changes in this control number. The OMB control enhance environmental quality for all proposed rule to the information numbers for EPA’s regulations are listed populations in the United States. The collection do not constitute a in 40 CFR part 9 and 48 CFR Chapter Agency’s goals are to ensure that no substantive or material modification. 15. segment of the population, regardless of This proposed rule would not change race, color, national origin, or income any of the information collection I. National Technology Transfer and bears disproportionately high and requirements that are currently Advancement Act applicable to generators of F006 waste adverse human health or environmental Section 12(d) of the National that accumulate the waste on site. The impacts as a result of EPA’s policies, Technology Transfer and Advancement recordkeeping and reporting programs, and activities, and that all Act of 1995 (‘‘NTTAA’’), Pub L. 104– requirements of this rule are identical to people live in safe and healthful 113, section 12(d) (15 U.S.C. 272 note) requirements already promulgated and environments. In response to Executive directs EPA to use voluntary consensus covered under the existing Information Order 12898 and to concerns voiced by standards in its regulatory activities, Collection Request (ICR). There is no net many groups outside the Agency, EPA’s unless to do so would be inconsistent increase in recordkeeping and reporting Office of Solid Waste and Emergency with applicable law or otherwise Response formed an Environmental requirements. As a result, the reporting, impractical. Voluntary consensus Justice Task Force to analyze the array notification, or recordkeeping standards are technical standards (e.g., of environmental justice issues specific (information) provisions of this rule will materials specifications, test methods, to waste programs and to develop an not need to be submitted for approval to sampling procedures, and business overall strategy to identify and address the Office of Management and Budget practices) that are developed or adopted these issues (OSWER Directive No. (OMB) under section 3504(b) of the by voluntary consensus standards 9200.3–17). Paperwork Reduction Act, 44 U.S.C. bodies. The NTTAA directs EPA to Today’s proposed rule covers F006 3501 et. seq. provide Congress, through OMB, wastes from metal finishing operations. The Agency estimates total projected explanations when the Agency decides It is not certain whether the burden hours associated with the not to use available and applicable environmental problems addressed by information collection requirements of voluntary consensus standards. this rule could disproportionately affect this propped rule to be approximately This proposed rulemaking does not minority or low-income communities, 13.19 hours per year for each generator. involve technical standards. EPA is not, due to the location of some metal This is the same burden associated with therefore, considering the use of any finishing operations. Metal finishing the information collection requirements voluntary consensus standards. EPA operations are distributed throughout for large quantity generators who welcomes comments on this aspect of the country and many are located currently accumulate waste on site for the proposed rulemaking and, within highly populated areas. Because less than 90 days under the existing specifically, invites the public to today’s proposed rule retains regulations. These information identify potentially-applicable requirements for F006 waste generators collection requirements include: (1) Pre- voluntary consensus standards and to to store F006 waste in protective transport informational requirements explain why such standards should be Subpart J tanks, Subpart I containers or specific to large quantity generators used in this regulation. Subpart DD container buildings, the (e.g., personnel training, contingency List of Subjects in 40 CFR Part 262 Agency does not believe that today’s planning and emergency procedures, rule will increase risks from F006 waste. tank systems, containment buildings, Environmental protection, Hazardous It is, therefore, not expected to have any and requests for extension of waste, Labeling, Packaging and disproportionately high adverse human accumulation period); (2) air emission containers, Waste treatment and health or environmental effects on standards for process vents; (3) air disposal. minority or low-income communities emission standards for equipment leaks; Dated: January 22, 1999. relative to affluent or non-minority and (4) record keeping and reporting. Carol M. Browner, Burden means the total time, effort, or communities. Administrator. financial resources expended by persons For reasons set forth in the preamble, H. Paperwork Reduction Act to generate, maintain, retain, or disclose EPA proposes to amend 40 CFR part 262 The Office of Management and Budget or provide information to or for a as follows: (OMB) has approved the information Federal agency. This includes the time collection requirements contained in needed to review instructions; develop, PART 262ÐSTANDARDS APPLICABLE this rule under the provisions of the acquire, install, and utilize technology TO GENERATORS OF HAZARDOUS Paperwork Reduction Act, 44 U.S.C. and systems for the purposes of WASTE 3501 et seq. and has assigned OMB collecting, validating, and verifying control number 2050–0035. An information, processing and 1. The authority citation for part 262 Information Collection Request (ICR) maintaining information, and disclosing continues to read as follows: document has been prepared by EPA and providing information; adjust the Authority: 42 U.S.C. 6906, 6912, 6922– (ICR Control Number 0820.07) and a existing ways to comply with any 6925, 6937, and 6938. copy may be obtained from Sandy previously applicable instructions and 2. In § 262.34, add paragraphs (g), (h), Farmer by mail at OP Regulatory requirements; train personnel to be able and (i) to read as follows: Information Division; U.S. to respond to a collection of Environmental Protection Agency information; search data sources; § 262.34 Accumulation time. (2137); 401 M St., SW., Washington, DC complete and review the collection of * * * * * Federal Register / Vol. 64, No. 20 / Monday, February 1, 1999 / Proposed Rules 4833

(g) A generator who generates (h) A generator who generates SUMMARY: The Federal Railroad wastewater treatment sludges from wastewater treatment sludges from Administration (FRA) corrects the electroplating operations that meet the electroplating operations, RCRA docket number entry identified in the listing description for the RCRA hazardous waste code F006, and who proposed rule that was published in the hazardous waste code F006 waste may must transport this waste, or offer this Federal Register on December 31, 1998, accumulate F006 waste on site for 180 waste for transportation, over a distance 63 FR 72225, Dec. 31, 1998, regarding days or less without a permit or without of 200 miles or more for off-site metals Regulations on Safety Integration Plans having interim status provided that the recovery may accumulate F006 waste on Governing Railroad Consolidations, generator complies with the following site for 270 days or less without a Mergers, Acquisitions of Control, and requirements: permit or without having interim status Start Up Operations. The previous (1) The generator has implemented provided that the generator complies docket number for the agency’s pollution prevention practices that with the requirements of paragraph (g) proposed rule was ‘‘FRA Docket No. reduce the volume or toxicity of the of this section. SIP–1.’’ The new docket number is F006 waste or that make it more (i) A generator who generates ‘‘FRA–1999–4985.’’ FRA informs the amenable for metals recovery; wastewater treatment sludges from (2) The F006 waste is sent off site for electroplating operations, RCRA public that it will nevertheless receive metals recovery; hazardous waste code F006, who and file comments from interested (3) No more than 16,000 kilograms of accumulates F006 waste on site for more persons in the administrative record for F006 waste is accumulated on site at than 180 days (or for more than 270 this rulemaking action that identified any one time; and days if the generator must transport this the proposed rule as FRA Docket No. (4) The F006 waste is managed in waste, or offer this waste for SIP–1. FRA also advises the regulated accordance with the following transportation, over a distance of 200 community that this notice does not requirements: miles or more) or who accumulates affect the Surface Transportation (i) The F006 waste is placed: more than 16,000 kilograms of F006 Board’s (STB or Board) docket number (A) In containers and the generator waste on site is an operator of a storage for comments on the Board’s proposed complies with subpart I of 40 CFR part facility and is subject to the rule in the joint rulemaking proceeding. 265; and/or requirements of 40 CFR parts 264 and FOR FURTHER INFORMATION CONTACT: Jon (B) In tanks and the generator 265 and the permit requirements of 40 Kaplan, Trial Attorney, Office of Chief complies with subpart J of 40 CFR part CFR part 270 unless the generator has 265, except §§ 265.197(c) and 265.200; been granted an extension to the 180- Counsel, FRA, 1120 Vermont Avenue, and/or day (or 270-day if applicable) period or Mailstop 10, Washington, DC 20590 (C) In containment buildings and the the 16,000 kilogram accumulation limit. (telephone: (202) 493–6053). generator complies with subpart DD of Such extensions may be granted by EPA 40 CFR part 265, and has placed its SUPPLEMENTARY INFORMATION: On if F006 waste must remain on site for professional engineer certification that December 18, 1998, FRA and the STB longer than 180 days (or 270 days if the building complies with the design issued a joint rule proposing regulations applicable) or if more than 16,000 standards specified in 40 CFR 265.1101 for the development and kilograms of F006 waste must remain on in the facility’s operating record prior to implementation of safety integration site due to unforeseen, temporary, and operation of the unit. The owner or plans (SIPs) by railroads seeking to uncontrollable circumstances. An operator shall maintain the following engage in certain specified merger, extension of the accumulation time up records at the facility: consolidation, or acquisition of control to 30 days or the accumulation limit of (1) A written description of transactions with another railroad. 63 more than 16,000 kilograms of F006 procedures to ensure that the F006 FR 72225, Dec. 31, 1998. FRA identified waste may be granted at the discretion waste remains in the unit for no more the docket number corresponding to its of the Regional Administrator on a case- than 180 days, a written description of rulemaking action as ‘‘FRA Docket No. by-case basis. the waste generation and management SIP–1’’ in the caption and address practices for the facility showing that [FR Doc. 99–2323 Filed 1–29–99; 8:45 am] section of the document. Due to they are consistent with the 180-day BILLING CODE 6560±50±P consolidation of FRA’s docket facilities limit, and documentation that the with those of other DOT operating procedures are complied with; or administrations into a centralized (2) Documentation that the unit is DEPARTMENT OF TRANSPORTATION docket management system, however, emptied at least once every 180 days. FRA’s docket numbering system has (ii) In addition, such a generator is Federal Railroad Administration changed. The central docket facility exempt from all the requirements in styles dockets received in its electronic subparts G and H of 40 CFR part 265, 49 CFR Part 244 docket system as, for example, ‘‘FRA– except for §§ 265.111 and 265.114. [FRA Docket No. FRA±1999±4985, Notice 1999–xxxx.’’ For this reason, the docket (iii) The date upon which each period No. 2] of accumulation begins is clearly number assigned to FRA’s portion of the marked and visible for inspection on RIN 2130±AB24 SIP rule is now ‘‘FRA–1999–4985,’’ and each container; commenters should use this docket (iv) While being accumulated on site, Regulations on Safety Integration number when commenting on FRA’s each container and tank is labeled or Plans Governing Railroad proposed rule. (Interested parties should marked clearly with the words, Consolidations, Mergers, Acquisitions continue to refer to STB Ex Parte No. ‘‘Hazardous Waste;’’ and of Control, and Start Up Operations; 574 when commenting on the Board’s (v) The generator complies with the Correction proposed rule.) FRA will, however, requirements for owners or operators in AGENCY: Federal Railroad receive and docket comments filed by subparts C and D in 40 CFR part 265, Administration, DOT. interested persons responding to the with 40 CFR 265.16, and with 40 CFR agency’s proposed rule that identified ACTION: Proposed rule; correction. 268.7(a)(4). the action as ‘‘FRA Docket No. SIP–1.’’ 4834 Federal Register / Vol. 64, No. 20 / Monday, February 1, 1999 / Proposed Rules

Issued in Washington, DC on January 26, SUPPLEMENTARY INFORMATION: Federal and mail back to the manufacturer so 1999. Motor Vehicle Safety Standard (FMVSS) that the purchaser could be notified in Michael T. Haley, No. 213 (49 CFR 571.213) (‘‘the rule’’) the event of a recall. Providing this Deputy Chief Counsel. specifies minimum performance information on the label allows [FR Doc. 99–2253 Filed 1–29–99; 8:45 am] requirements for child restraint systems subsequent owners of child restraints to BILLING CODE 4910±06±P (both built-in and add-on) used in motor register their restraints with the vehicles and aircraft. The purpose of the manufacturer so that they can be rule is to reduce the number of children contacted in the event of a recall. DEPARTMENT OF TRANSPORTATION killed or injured in motor vehicle and Manufacturers must record a list or aircraft crashes. The rule applies to maintain records of the owners in a National Highway Traffic Safety passenger cars, multipurpose passenger form suitable for inspection, such as Administration vehicles, trucks and buses, and to child computer information storage devices or card files. Manufacturers are required to 49 CFR Part 571 restraint systems for use in motor vehicles and aircraft. retain the records of owners for six years [Docket No. NHTSA±99±5025] The rule evaluates the performance of from the date of manufacture of the child restraint systems in dynamic tests child restraint. The rule also requires Federal Motor Vehicle Safety performed in a simulated 30-mph that each child restraint be permanently Standards (FMVSS); Child Restraint frontal impact system. The rule tests labeled with the manufacturer’s address Systems built-in child restraints either in the or toll-free telephone number and the AGENCY: National Highway Traffic specific vehicles or in the specific U.S. Government’s Auto Safety Hotline Safety Administration (NHTSA), U.S. vehicle shell. Add-on child restraint toll-free telephone number. At the present time, NHTSA has Department of Transportation (DOT). systems are tested on a standard test selected FMVSS No. 213 for review in ACTION: Request for public comments. seat, restrained either by a lap belt or (in the case of a belt positioning seat) by a accordance with the regulatory review SUMMARY: The National Highway Traffic lap/shoulder belt. In addition, the rule provisions at Section 5 of the Executive Safety Administration (NHTSA) is requires labeling both belt-positioning Order 12866 on Regulatory Planning conducting a review of Federal Motor booster seats and shield-type booster and Review (58 FR 51735, 51739, Oct. Vehicle Safety Standard (FMVSS) No. seats to indicate which type of belt 4, 1993) and the directive of Section 610 213, Child Restraint Systems, in order to system (lap belt only or lap/shoulder of the Regulatory Flexibility Act (5 determine, consistent with Executive belt) can be used with that particular U.S.C. 601 et seq.). Order 12866, Regulatory Planning and booster seat.2 Section 610(a) of the Regulatory Review, and Section 610 of the The rule sets specific dummy testing Flexibility Act requires the periodic Regulatory Flexibility Act, whether this requirements by weight and height, so review of rules to determine which ones rule 1 should be maintained without that an add-on or a built-in child have a significant economic impact on change, rescinded, or modified in order restraint recommended for a specific a substantial number of small to make it more effective or less weight/height class will be tested using businesses. The agency determined in burdensome in achieving its objectives. dummies representative of that weight/ August 1998 that FMVSS No. 213 (the This review also is being conducted to height class. The rule also establishes rule) may have a significant economic determine whether the rule can become other requirements for child restraints impact on a substantial number of small businesses and pursuant to section more consistent with the objectives of with respect to such factors as the 610(c) is conducting this review of the Regulatory Flexibility Act to achieve height and width of the seat back FMVSS No. 213. The purpose of the regulatory goals while imposing as few surface, padding on surfaces contacted review is to determine whether the rule burdens as possible on small entities. by the child’s head, the locations of should be continued without change, DATES: Comments must be received on fixed or movable surfaces in front of the rescinded, or amended to make it more or before April 2, 1999. seated child, belt buckles and their effective or less burdensome in ADDRESSES: releases, seat belt material, and labeling Comments must refer to the achieving its objectives, and to bring it requirements. docket number cited at the beginning of into better alignment with the objectives The rule requires child restraint this notice and be submitted to the of the Regulatory Flexibility Act to manufacturers to state on a label the Docket Management, Room PL–401, 400 achieve regulatory goals while imposing heights and weights of children for Seventh Street, SW., Washington, DC as little burden as possible on small whom the system is designed to protect. 20590. It is requested, but not required, entities. In the event the Agency The rule also requires manufacturers of that one original plus two copies of the determines, based on the results of this comments be provided. The Docket child restraints to provide warning review, that the rule should be hours are from 10:00 a.m. to 5:00 p.m., labels on rear-facing child restraints to rescinded or modified, appropriate Monday through Friday (telephone 202– alert parents of the potential negative rulemaking will be initiated. 366–9324). consequences of using rear-facing child An important step in the review FOR FURTHER INFORMATION CONTACT: Nita restraint systems in the front seat of process involves the gathering and Kavalauskas, Office of Regulatory vehicles with passenger-side air bags. analysis of information from affected Analysis and Evaluation, Office of Plans Also included in the rule is a parties about their experience with the and Policy, National Highway Traffic requirement that child restraint rule and any material changes in Safety Administration, Room 5208, 400 manufacturers supply, at the time of circumstances since issuance of the Seventh Street, SW, Washington, DC sale of the child restraint, a postage-paid standard. This notice provides an 20590, (telephone 202-366–2584, fax registration card that the purchaser can opportunity for interested parties to 202–366–2559). fill in with his/her name and address comment on the continuing need for, adequacy or inadequacy of, and small 2 1 This document refers to FMVSS No. 213 as a The agency has issued a proposal to standardize business impacts of the rule. Comments ‘‘rule’’ consistent with Section 610 of the child restraint anchorages. The agency would prefer Regulatory Flexibility Act, Public Law 96–354, not to receive comments on this issue unless they concerning the following subjects would September 19, 1980 (see Section 601(2)). relate to small business impacts. assist the Agency in determining Federal Register / Vol. 64, No. 20 / Monday, February 1, 1999 / Proposed Rules 4835 whether to retain the rule unchanged or attach necessary additional documents DATES. To the extent possible, we will to initiate rulemaking for purposes of to your comments. There is no limit on also consider comments that Docket revision or rescission: the length of the attachments. Management receives after that date. 1. The benefits and utility of the rule Please submit two copies of your How can I read the comments submitted in its current form and, if amended, in comments, including the attachments, by other people? its amended form; to Docket Management at the address 2. The continued need for the rule; given above under ADDRESSES. You may read the comments received 3. The complexity of the rule; by Docket Management at the address How can I be sure that my comments 4. Whether and to what extent the given above under ADDRESSES. The were received? rule overlaps, duplicates or conflicts hours of the Docket are indicated above with other Federal, State, and local If you wish Docket Management to in the same location. governmental rules; notify you upon its receipt of your You may also see the comments on 5. Information on any new comments, enclose a self-addressed, the Internet. To read the comments on developments in technology, economic stamped postcard in the envelope the Internet, take the following steps: conditions, or other factors affecting the containing your comments. Upon 1. Go to the Docket Management ability of affected firms to comply with receiving your comments, Docket System (DMS) Web page of the the rule; Management will return the postcard by Department of Transportation (http:// 6. Alternatives to the rule or portions mail. dms.dot.gov/). of the rule that would minimize significant impacts on small businesses How do I submit confidential business 2. On that page, click on ‘‘search.’’ while achieving the objectives of the information? 3. On the next page (http:// dms.dot.gov/search/), type in the four- National Highway Traffic Safety If you wish to submit any information Administration. digit docket number shown at the under a claim of confidentiality, you beginning of this document. Example: If In essence, the agency would like to should submit three copies of your know what sections of FMVSS No. 213 the docket number were ‘‘NHTSA– complete submission, including the 1998–1234,’’ you would type ‘‘1234.’’ significantly affect small business costs, information you claim to be confidential unnecessarily affect costs, are After typing the docket number, click on business information, to the Chief ‘‘search.’’ particularly burdensome for small Counsel, NHTSA, at the address given entities, or could be rewritten to 4. On the next page, which contains above under FOR FURTHER INFORMATION docket summary information for the minimize burdens on small entities. In CONTACT. In addition, you should addition, NHTSA would like to know docket you selected, click on the desired submit two copies, from which you comments. which sections of the rule could be have deleted the claimed confidential You may download the comments. written more clearly and in plain business information, to Docket However, since the comments are English. Management at the address given above imaged documents, instead of word under ADDRESSES. When you send a Comments processing documents, the downloaded comment containing information comments are not word searchable. How do I prepare and submit claimed to be confidential business Please note that even after the comments? information, you should include a cover comment closing date, we will continue Your comments must be written and letter setting forth the information to file relevant information in the in English. To ensure that your specified in our confidential business Docket as it becomes available. Further, comments are correctly filed in the information regulation. (49 CFR part some people may submit late comments. Docket, please include the docket 512.) Accordingly, we recommend that you number of this document in your Will the agency consider late periodically check the Docket for new comments. Your comments must not be more comments? material. than 15 pages long. (49 CFR 553.21). We We will consider all comments that William H. Walsh, established this limit to encourage you Docket Management received before the Associate Administrator for Plans and Policy. to write your primary comments in a close of business on the comment [FR Doc. 99–2313 Filed 1–29–99; 8:45 am] concise fashion. However, you may closing date indicated above under BILLING CODE 4910±59±P 4836

Notices Federal Register Vol. 64, No. 20

Monday, February 1, 1999

This section of the FEDERAL REGISTER generally operates on a reimbursement data entry screens at a specially contains documents other than rules or basis. designed UES application Internet site. proposed rules that are applicable to the FAS highly recommends applying via Authority public. Notices of hearings and investigations, the Internet, as this format virtually committee meetings, agency decisions and The MAP is authorized under section eliminates paperwork and expedites the rulings, delegations of authority, filing of 203 of the Agricultural Trade Act of FAS processing and review cycle. Also, petitions and applications and agency 1978, as amended, and MAP regulations statements of organization and functions are by using the Internet, applicants examples of documents appearing in this are set forth in 7 CFR part 1485. currently participating in the 1998 MAP section. Eligible Applicants will not need to enter certain historical information as it will appear To participate in the MAP, an automatically in the data entry screens. DEPARTMENT OF AGRICULTURE applicant must be: A nonprofit U.S. Applicants also have the option of agricultural trade organization, a submitting electronic versions (along Commodity Credit Corporation nonprofit state regional trade group (an with two paper copies) of their association of State Departments of applications to FAS on diskette. Announcement of the Market Access Agriculture), a U.S. agricultural The Internet-based application, Program for Fiscal Year 1999 cooperative, a State agency, or a small- including the step-by-step instructions sized U.S. commercial entity (other than for its use, is located at the following AGENCY: Commodity Credit Corporation, a cooperative or producer association). URL address: http://www.fas.usda.gov/ USDA. Available Funds cooperators.html. Applicants planning ACTION: Notice. to use the Internet-based system must $90 million of cost-share assistance contact the Marketing Operations Staff SUMMARY: This notice announces the may be obligated under this of FAS at (202) 720–4327 to obtain site availability of funds for the Fiscal Year announcement to eligible applicants. access information. 1999 Market Access Program (MAP). Application Process Applicants who choose to submit DATES: All applications must be applications on diskette can download In order to be considered for the MAP, received by 5:00 p.m. Eastern Standard the UES handbook, including the an applicant must submit to FAS Time, March 26, 1999. suggested application format and information required by the MAP instruction, from the following URL FOR FURTHER INFORMATION CONTACT: regulations set forth in 7 CFR part 1485. address http://www.fas.usda.gov/mos/ Marketing Operations Staff, Foreign The FAS administers various ues/unified.html. A UES handbook may Agricultural Service, U.S. Department of agricultural export assistance programs, also be obtained by contacting the Agriculture, STOP 1042, 1400 including the MAP, the Foreign Market Marketing Operations Staff at (202) 720– Independence Ave., SW., Washington, Development Cooperator (Cooperator) DC 20250, (202) 720–4327. 4327. Program, Cochran Fellowships, the All MAP applicants, whether or not SUPPLEMENTARY INFORMATION: Emerging Markets Program, Section 108, utilizing the UES format or applying via Introduction Pub. L. 480 and several Export Credit the Internet or diskette, must also Guarantee programs. Organizations submit by the March 26, 1999, deadline, The Commodity Credit Corporation which are interested in applying for via hand delivery or U.S. mail, an (CCC) announces that applications are MAP funds are encouraged to submit original signed certification statement as being accepted for participation in the their requests using the Unified Export specified in 7 CFR 1485.13(a)(2)(i)(G). Fiscal Year 1999 MAP. The MAP is Strategy (UES) format. This allows The UES handbook contains an designed to encourage the development, interested entities to submit a acceptable certification format. maintenance, and expansion of consolidated and strategically Incomplete applications and commercial export markets for U.S. coordinated single proposal that applications that do not otherwise agricultural commodities and products. incorporates requests for funding and conform to this announcement will not Cost share assistance is provided to recommendations for virtually all FAS be accepted for review. eligible applicants to implement marketing programs, financial assistance Any organization which is not approved market development programs, and market access programs. interested in applying for the MAP but programs. Financial assistance under The suggested UES format encourages would like to request assistance through the MAP will be made available on a applicants to examine the constraints or one of the other programs mentioned, competitive basis and applications will barriers to trade they face, identify should contact the Marketing be reviewed against the evaluation activities which would help overcome Operations Staff at (202) 720–4327. criteria contained herein. The MAP is such impediments, consider the entire administered by personnel of the pool of complementary marketing tools Review Process and Allocation Criteria Foreign Agricultural Service (FAS). and program resources, and establish FAS allocates funds in a manner that Under the MAP, CCC enters into realistic export goals. Applicants are not effectively supports the strategic agreements with eligible participants to required, however, to use the UES decision-making initiatives of the share the costs of certain overseas format. Government Performance and Results marketing and promotion activities. Organizations can submit applications Act (GPRA) of 1993. In deciding MAP participants may receive in the UES format by two methods. The whether a proposed project will assistance for either generic or brand first allows an applicant to submit contribute to the effective creation, promotion activities. The MAP information directly to FAS through expansion, or maintenance of foreign Federal Register / Vol. 64, No. 20 / Monday, February 1, 1999 / Notices 4837 markets, FAS seeks to identify a clear, • The applicant’s 4-year average share Independence Ave., SW, Washington, long-term agricultural trade strategy by (1996–99) of the funding level for all DC 20250–1042. market or product and a program MAP participants. Mary T. Chambliss, effectiveness time line against which (b) Past Performance (30) Acting Administrator, Foreign Agricultural results can be measured at specific Service, and Acting Vice President, intervals using quantifiable product or • The 3-year average share (1996–98) Commodity Credit Corporation. country goals. These performance of the value of exports promoted by the [FR Doc. 99–2255 Filed 1–29–99; 8:45 am] indicators are part of FAS’ resource applicant compared to BILLING CODE 3410±10±M allocation strategy to fund applicants • which can demonstrate performance The applicant’s 2-year average share based on a long-term strategic plan, (1997–98) of the funding level for all DEPARTMENT OF AGRICULTURE consistent with the strategic objectives MAP applicants plus, for those groups of the United States Department of participating in the Cooperator program, Foreign Agricultural Service the 2-year average share (1998–99) of Agriculture, and address the RIN 0551±AA26 performance measurement objectives of Cooperator marketing plan budgets and the GPRA. the 2-year average share (1997–98) of Announcement of the Foreign Market foreign overhead provided for co- Following is a description of the FAS Development Cooperator Program for location within a U.S. agricultural Fiscal Year 2000 process for reviewing applications and office; the criteria for allocating available MAP AGENCY: Foreign Agricultural Service, funds. (c) Projected Export Goals (15) USDA. (1) Phase 1—Sufficiency Committee • The total dollar value of projected ACTION: Notice. exports promoted by the applicant for Review SUMMARY: This notice announces the 1999 compared to availability of funds for the Fiscal Year Applications received by the closing • date will be reviewed by FAS to The applicant’s requested funding 2000 Foreign Market Development determine the eligibility of the level; Cooperator (Cooperator) Program. applicants and the completeness of the (d) Accuracy of Past Projections (15) DATES: All applications must be applications. These requirements appear received by 5:00 p.m. Eastern Standard at § 1485.12 and § 1485.13 of the MAP • Actual exports for 1997 as reported Time, March 26, 1999. regulations. in the 1999 MAP application compared FOR FURTHER INFORMATION CONTACT: to Marketing Operations Staff, Foreign (2) Phase 2—FAS Divisional Review • Past projections of exports for 1997 Agricultural Service, U.S. Department of Applications which meet the as specified in the 1997 MAP Agriculture, STOP 1042, 1400 application procedures will then be application. Independence Ave., SW, Washington, DC 20250–1042, (202) 720–4327. further evaluated by the applicable FAS The Commodity Divisions’ SUPPLEMENTARY INFORMATION: Commodity Division. The Divisions will recommended funding level for each review each application against the applicant is converted to a percentage of Introduction criteria listed in § 1485.14 of the MAP the total MAP funds available and regulations. The purpose of this review The Foreign Agricultural Service multiplied by the total weight factor as (FAS) announces that applications are is to identify meritorious proposals and described above to determine the to recommend an appropriate funding being accepted for participation in the amount of funds allocated to each Fiscal Year 2000 Cooperator program. level for each application based upon applicant. these criteria. The program is intended to create, Closing Date for Applications expand, and maintain foreign markets (3) Phase 3—Competitive Review for United States agricultural All Internet-based applications must commodities and products. FAS Meritorious applications will then be be properly submitted by 5:00 p.m. administers the Cooperator program and passed on to the office of the Deputy Eastern Standard Time, March 26, 1999. provides cost share assistance to eligible Administrator, Commodity and Signed certification statements also trade organizations to implement Marketing Programs, for the purpose of must be received by that time at one of approved market development allocating available funds among the the addresses listed below. activities. Financial assistance under applicants. Applications which pass the All applications on diskette (with two this program will be made available on Divisional Review will compete for a competitive basis and applications funds on the basis of the following accompanying paper copies and a signed certification statement) and any will be reviewed against the evaluation evaluation criteria (the number in criteria contained herein. parentheses represents a percentage other applications must be received by weight factor): 5:00 p.m. Eastern Standard Time, March Background 26, 1999, at one of the following (a) Applicant’s Contribution Level (40) addresses: Under the Cooperator program, FAS enters into Market Development Project • The applicant’s 4-year average share Hand Delivery (including FedEx, Agreements with nonprofit U.S. trade (1996–99) of all contributions (cash and DHL, etc.): U.S. Department of organizations. FAS enters into these goods and services provided by U.S. Agriculture, Foreign Agricultural agreements with nonprofit U.S. trade entities in support of overseas marketing Service, Marketing Operations Staff, organizations that have the broadest and promotion activities may be Room 4932–S, 14th and Independence possible producer representation of the considered in the allocation process as Avenue, SW, Washington, DC 20250– commodity being promoted and gives part of the applicant’s contribution and 1042. priority to those organizations that are should be reported separately from the U.S. Postal Delivery: Marketing nationwide in membership and scope. applicant’s contributions) compared to Operations Staff, STOP 1042, 1400 Program participants may not, during 4838 Federal Register / Vol. 64, No. 20 / Monday, February 1, 1999 / Notices the term of their agreements with FAS, first allows an applicant to submit Agriculture, and address the make export sales of agricultural information directly to FAS through performance measurement objectives of commodities being promoted or charge data entry screens at a specially the GPRA. fees for facilitating export sales if designed UES application Internet site. FAS considers a number of factors promotional activities designed to result FAS highly recommends applying via when reviewing proposed projects. in such sales are supported by the Internet, as this format virtually These factors include: Cooperator program funds. eliminates paperwork and expedites the • The ability of the organization to Market Development project FAS processing and review cycle. Also, provide an experienced U.S.-based staff Agreements involve the promotion of by using the Internet, applicants with technical and international trade agricultural commodities on a generic currently participating in the 1999 expertise to ensure adequate basis and, therefore, do not involve Cooperator program will not need to development, supervision, and activities targeted directly toward enter certain historical information as it execution of the proposed project; individual consumers. Approved will appear automatically in the data • The organization’s willingness to activities contribute to the maintenance entry screens. Applicants also have the contribute resources, including cash and or growth of demand for the agricultural option of submitting electronic versions goods and services of the U.S. industry commodities and generally address (along with two paper copies) of their and foreign third parties; long-term foreign import constraints by applications to FAS on diskette. • The conditions or constraints focusing on matters such as: The Internet-based application, • affecting the level of U.S. exports and Reducing infra-structural or including the step-by-step instructions market share for the agricultural for its use, is located at the following historical market impediments; commodities and products; • Improving processing capabilities; URL address: http://www.fas.usda.gov/ • The degree to which the proposed • Modifying codes and standards; and cooperators.html. Applicants planning project is likely to contribute to the • Identifying new markets or new to use the Internet-based system must creation, expansion, or maintenance of applications or uses for agricultural contact the Marketing Operations Staff commodities or products in foreign foreign markets; and of FAS at (202) 720–4327 to obtain site • markets. access information. The degree to which the strategic Applicants who choose to submit plan is coordinated with other private or Authority applications on diskette can download U.S. government-funded market The Cooperator program is authorized the UES handbook, including the development projects. by Title VII of the Agricultural Trade suggested application format and Following is a description of the FAS Act of 1978, 7 U.S.C. 5721, et seq. instructions, from the following URL process for reviewing applications and Program regulations appear at 7 CFR address: http://www.fas.usda.gov/mos/ the criteria for allocating available part 1550. ues/unified.html. A UES handbook may Cooperator program funds. Application Process also be obtained by contacting the (1) Phase 1—Sufficiency Committee Marketing Operations Staff at (202) 720– Review To be considered, an applicant must 4327. Incomplete applications and submit to FAS information related to the applications that do not otherwise Applications received by the closing allocation criteria considered by FAS as conform to this announcement will not date will be reviewed by FAS to described in this notice. The FAS be accepted for review. determine the eligibility of the administers various agricultural export Any organization which is not applicants and the completeness of the assistance programs, including the interested in applying for the applications. Cooperator Program, the Market Access Cooperator program but would like to (2) Phase 2—FAS Divisional Review Program (MAP), Cochran Fellowships, request assistance through one of the the Emerging Markets Program, section other programs mentioned, should Applications which meet the 108, Pub. L. 480 and several Export contact the Marketing Operations Staff application procedures will then be Credit Guarantee programs. at (202) 720–4327. further evaluated by the applicable FAS Organizations which are interested in Commodity Division. The Divisions will applying for Cooperator program funds Review Process and Allocation Criteria review each application against the are encouraged to submit their requests FAS allocates funds in a manner that factors described above. The purpose of using the Unified Export Strategy (UES) effectively supports the strategic this review is to identify meritorious format. This allows interested entities to decision-making initiatives of the proposals and to recommend an submit a consolidated and strategically Government Performance and Results appropriate funding level for each coordinated single proposal that Act (GPRA) of 1993. In deciding application based upon these factors. incorporates requests for funding and whether a proposed project will (3) Phase 3—Competitive Review recommendations for virtually all FAS contribute to the effective creation, marketing programs, financial assistance expansion, or maintenance of foreign Meritorious applications will then be programs, and market access programs. markets, FAS seeks to identify a clear, passed on to the office of the Deputy The suggested UES format encourages long-term agricultural trade strategy by Administrator, Commodity and applicants to examine the constraints or market or product and a program Marketing Programs, for the purpose of barriers to trade they face, identify effectiveness time line against which allocating available funds among the activities which would help overcome results can be measured at specific applicants. Applications which pass the such impediments, consider the entire intervals using quantifiable product or Divisional Review will compete for pool of complementary marketing tools country goals. These performance funds on the basis of the following and program resources, and establish indicators are part of FAS resource allocation criteria (the number in realistic export goals. Applicants are not allocation strategy to fund applicants parentheses represents a percentage required, however, to use the UES which can demonstrate performance weight factor). Data used in the format. based on a long-term strategic plan, calculations for contribution levels, past Organizations can submit applications consistent with the strategic objectives export performance and past demand in the UES format by two methods. The of the United States Department of expansion performance will cover not Federal Register / Vol. 64, No. 20 / Monday, February 1, 1999 / Notices 4839 more than a 6-year period, to the extent Closing Date for Applications reconstruction. The initial timber such data is available. All Internet-based applications must harvest portion of the project is now proposed to sell in fiscal year 2000. (a) Contribution Level (40) be properly submitted by 5:00 p.m. Eastern Standard Time, March 26, 1999. Burning treatments would occur over a • The applicant’s 6-year average share seven year window starting in calendar (1995–2000) of all contributions Signed certification statements also must be received by that time at one of year 2002. (contributions may include cash and The draft environmental impact goods and services provided by U.S. the addresses listed below. All applications on diskette (with two statement (DEIS) will be tiered to the entities in support of foreign market accompanying paper copies and a Forest Land and Resource Management development activities) compared to Plan as amended by Regional Forester’s • The applicant’s 6-year average share signed certification statement) and any other applications must be received by Forest Plan Amendments for Eastside (1995–2000) of all Cooperator marketing Forests, dated May 24, 1994, and June plan budgets. 5:00 p.m. Eastern Standard Time, March 26, 1999, at one of the following 12, 1995. The revised date of filing the (b) Past Export Performance (20) addresses: Draft EIS is April 1999 and the revised filing of the Final EIS is planned in • The 6-year average share (1994–99) Hand Delivery (including FedEx, August 1999. of the value of exports promoted by the DHL, etc.): U.S. Department of applicant compared to Agriculture, Foreign Agricultural DATES: Comments concerning the scope • The applicant’s 6-year average share Service, Marketing Operations Staff, of the revised analysis should be (1994–99) of all Cooperator marketing Room 4932–S, 14th and Independence received in writing by April 1, 1999. plan budgets plus a 6-year average share Avenue, SW, Washington, DC 20250– ADDRESSES: Send written comments and (1993–98) of MAP program ceiling 1042. suggestions concerning the proposed levels and a 6-year average share (1993– U.S. Postal Delivery: Marketing project to Meredith Webster, District 98) of foreign overhead provided for co- Operations Staff, STOP 1042, 1400 Ranger, Kettle Falls Ranger District, 255 location within a U.S. agricultural trade Independence Ave., SW, Washington, W. 11th St., Kettle Falls, WA 99141. office. DC 20250–1042. FOR FURTHER INFORMATION CONTACT: (c) Past Demand Expansion Performance Mary T. Chambliss, Questions should be directed to (20) Acting Administrator, Foreign Agricultural Meredith Webster, District Ranger, Dan Service. • Len, Planning Assistant, or Mike Picard, The 6-year average share (1994–99) [FR Doc. 99–2254 Filed 1–29–99; 8:45 am] Project Planner, at Kettle Falls Ranger of the total value of world trade of the BILLING CODE 3410±10±M District, 255 W. 11th St., Kettle Falls, commodities promoted by the applicant WA 99141, or call 509–738–6111. compared to • Dated: January 20, 1999. The applicant’s 6-year average share DEPARTMENT OF AGRICULTURE (1994–99) of all Cooperator marketing George T. Buckingham, plan budgets plus a 6-year average share Forest Service Acting Forest Supervisor, Colville National (1993–98) of MAP program ceiling Forest. levels and a 6-year average share (1993– Deadman Creek Timber Sales, Colville [FR Doc. 99–2265 Filed 1–29–99; 8:45 am] 98) of foreign overhead provided for co- National Forest, Ferry County, BILLING CODE 3410±11±M location within a U.S. agricultural trade Washington office. AGENCY: Forest Service, USDA. DEPARTMENT OF COMMERCE (d) Future Demand Expansion Goals ACTION: Revised notice of intent to (10) prepare an environmental impact Submission For OMB Review; • The total dollar value of the statement. Comment Request applicant’s projected increase in world trade of the commodities being SUMMARY: On November 12, 1996, the DOC has submitted to the Office of promoted by the applicant for the year Forest Service, USDA, published a Management and Budget (OMB) for 2005 compared to Notice of Intent (NOI) in the Federal clearance the following proposal for • The applicant’s requested funding Register (61 FR 58029–30). The notice collection of information under the level. stated that the proposed action was to provisions of the Paperwork Reduction harvest and regenerate timber for twenty Act (44 U.S.C. chapter 35). (e) Accuracy of Past Demand Expansion million board feet on one or more Agency: Bureau of the Census. Projections (10) timber sales and to construct and Title: Annual Capital Expenditures • The actual dollar value share of reconstruct roads in the Deadman Creek Survey. world trade of the commodities being area. The sales were to be implemented Form Number(s): ACE–1, ACE–1(S), promoted by the applicant for the year in fiscal year 1999. ACE–1(I), ACE–2, ACE–2(I), ACE-2(B), 1998 compared to This revised NOI changes the name of ACE–2(B)(I). • The applicant’s past projected share this project to ‘‘Deadman Creek Agency Approval Number: 0607– of world trade of the commodities being Ecosystem Management Projects’’ with 0782. promoted by the applicant for the year the proposed action changed to Type of Request: Revision of a 1998, as specified in the 1998 implement ecosystem management currently approved collection. Cooperator program application. projects using timber sales, prescribed Burden: 114,000 hours. The Commodity Divisions’ fire, as well as road construction, Number of Respondents: 53,000. recommended funding level for each reconstruction, and road closure. Avg Hours Per Response: 2 hours and applicant is converted to a percentage of The revised proposed action includes 9 minutes. the total Cooperator program funds timber harvest and subsequent post Needs and Uses: The Census Bureau available and multiplied by the total harvest activities on approximately plans the continuing information weight factor to determine the amount 4,254 acres with 16.8 miles of new road collection for the 1998 Annual Capital of funds allocated to each applicant. construction and 13.9 miles of road Expenditures Survey (ACES). The 4840 Federal Register / Vol. 64, No. 20 / Monday, February 1, 1999 / Notices annual survey collects data on fixed OMB Desk Officer: Nancy Kirkendall, Secretary of Commerce. The Committee assets and depreciation, sales and (202) 395–7313. will consider the goals of Census 2000 receipts, and capital expenditures for Copies of the above information and user needs for information provided new and used structures and collection proposal can be obtained by by that census. The Committee will equipment. The ACES is the sole source calling or writing Linda Engelmeier, provide an outside user perspective of detailed comprehensive statistics on DOC Forms Clearance Officer, (202) about how operational planning and actual business spending by domestic, 482–3272, Department of Commerce, implementation methods proposed for private, nonfarm businesses operating in room 5327, 14th and Constitution Census 2000 will realize those goals and the United States. Business spending Avenue, NW., Washington, DC 20230. satisfy those needs. The Committee data are used to evaluate the quality of Written comments and shall consider all aspects of the conduct estimates of gross domestic product, recommendations for the proposed of the 2000 Census of Population and develop monetary policy, analyze information collection should be sent Housing and shall make business asset depreciation, and within 30 days of publication of this recommendations for improving that improve estimates of capital stock for notice to Nancy Kirkendall, OMB Desk census. productivity analysis. Industry analysts Officer, room 10201, New Executive A brief period will be set aside at the use these data for market analysis, Office Building, Washington, DC 20503. meeting for public comment. However, economic forecasting, identifying Dated: January 25, 1999. individuals with extensive statements for the record must submit them in business opportunities, product Linda Engelmeier, development, and business planning. writing to the Commerce Department Departmental Forms Clearance Officer, Office official named above at least three The major changes from the previous of the Chief Information Officer. working days prior to the meeting. ACES is the collection of detailed [FR Doc. 99–2330 Filed 1–29–99; 8:45 am] capital expenditures by type of structure Seating is available to the public on a and type of equipment for the 1998 BILLING CODE 3510±07±P first-come, first-served basis. ACES from employer companies and the The meeting is physically accessible to people with disabilities. Requests for collection of information from a sample DEPARTMENT OF COMMERCE of potential new (birth) single- sign language interpretation or other establishment businesses concerning Economics and Statistics auxiliary aids should be directed to the their business expenditures. Beginning Administration Census Bureau Committee Liaison with the 1998 ACES, type of structures Officer on 301–457–2308, TDD 301– and type of equipment data will be Secretary's 2000 Census Advisory 457–2540. collected together once every five years. Committee Dated: January 26, 1999. These data are critical to evaluate the AGENCY: Economics and Statistics Robert J. Shapiro, comprehensiveness of capital Administration, Department of Under Secretary for Economic Affairs, expenditures statistics collected in years Commerce. Economics and Statistics Administration. for which type of structures and [FR Doc. 99–2331 Filed 1–29–99; 8:45 am] ACTION: Notice of public meeting. equipment detail are not collected. The BILLING CODE 3510±07±M detailed structures data will provide a 5- SUMMARY: Pursuant to the Federal year benchmark for estimates of new Advisory Committee Act (Public Law construction put in place. The detailed 92–463, as amended by Pub. L. 94–409, DEPARTMENT OF COMMERCE equipment data will provide a periodic Pub. L. 96–523, and Pub. L. 97–375), we International Trade Administration measure of expenditures by type of are giving notice of a meeting of the equipment and assist in evaluating Commerce Secretary’s 2000 Census estimates of Producer’s Durable Initiation of Five-Year (Sunset) Advisory Committee. The Committee Reviews Equipment in nonresidential fixed will discuss with the Secretary of investment. Commerce its recommendations for AGENCY: Import Administration, We plan to collect business Census 2000 based on its review and International Trade Administration, investment information from a sample evaluation of Dress Rehearsal plans and Department of Commerce. of 7,000 potential new single- operations. Last minute changes to the ACTION: Notice of Initiation of Five-Year establishment businesses in order to schedule are possible, and they could (‘‘Sunset’’) Reviews. determine the chronology of events that prevent us from giving advance notice. relate to the start-up of businesses with SUMMARY: In accordance with section DATES: employees. This research is extremely On Friday, February 19, 1999, 751(c) of the Tariff Act of 1930, as important because we believe the meeting will begin at 9 a.m. and amended (‘‘the Act’’), the Department of businesses make capital expenditures adjourn at approximately 2 p.m. Commerce (‘‘the Department’’) is before hiring employees or paying ADDRESSES: The meeting will take place automatically initiating five-year payroll taxes, and these expenditures at the Embassy Suites Hotel, 1900 (‘‘sunset’’) reviews of the antidumping may not be fully reflected in the ACES Diagonal Road, Alexandria, VA 22314. and countervailing duty orders listed estimates. This research will allow us to FOR FURTHER INFORMATION CONTACT: below. The International Trade estimate the amount (if any) of capital Maxine Anderson-Brown, Committee Commission (‘‘the Commission’’) is expenditures not currently captured in Liaison Officer, Department of publishing concurrently with this notice the ACES. Commerce, Bureau of the Census, Room its notices of Institution of Five-Year Affected Public: Businesses or other 1647, Federal Building 3, Washington, Reviews covering these same orders. for-profit organizations, Not-for-profit DC 20233; telephone 301–457–2308, FOR FURTHER INFORMATION CONTACT: institutions. TDD 301–457–2540. Melissa G. Skinner, Scott E. Smith, or Frequency: Annually. SUPPLEMENTARY INFORMATION: The Martha V. Douthit, Office of Policy, Respondent’s Obligation: Mandatory. Committee is composed of a Chair, Vice- Import Administration, International Legal Authority: Title 13 USC, Chair, and up to 35 member Trade Administration, U.S. Department Sections 182, 224, and 225. organizations, all appointed by the of Commerce, at (202) 482–1560, (202) Federal Register / Vol. 64, No. 20 / Monday, February 1, 1999 / Notices 4841

482–6397 or (202) 482–3207, Initiation of Reviews Antidumping and Countervailing Duty respectively, or Vera Libeau, Office of Orders, 63 FR 13516 (March 20, 1998)), Investigations, U.S. International Trade In accordance with 19 CFR 351.218 we are initiating sunset reviews of the Commission, at (202) 205–3176. (see Procedures for Conducting Five- following antidumping and SUPPLEMENTARY INFORMATION: year (‘‘Sunset’’) Reviews of countervailing duty orders:

ITC DOC Case No. Case No. Country Product

A±570±506 ...... A±298 China, PR ...... Procelain-on-steel cook- ing ware. A±201±504 ...... A±297 Mexico ...... Porcelain-on-steel cook- ing ware. A±583±508 ...... A±299 Taiwan ...... Porcelain-on-steel cook- ing ware. C±201±505 ...... C±265 Mexico ...... Procelain-on-steel cook- ing ware. A±580±601 ...... A±304 South Korea ...... Top-of-the-stove stain- less steel cooking ware. C±580±602 ...... C±267 South Korea ...... Top-of-the-stove stain- less steel cooking ware. C±583±604 ...... C±268 Taiwan ...... Top-of-the-stove stain- less steel cooking ware. A±583±603 ...... A±305 Taiwan ...... Top-of-the-stove stain- less steel cooking ware. C±421±601 ...... C±278 Netherlands ...... Standard chrysan- themums. A±301±602 ...... A±329 Colombia ...... Fresh cut flowers. A±331±602 ...... A±331 Ecuador ...... Fresh cut flowers. C±337±601 ...... C±276 Chile ...... Standard carnations. A±337±602 ...... A±328 Chile ...... Standard carnations. A±779±602 ...... A±332 Kenya ...... Standard carnations. A±201±601 ...... A±333 Mexico ...... Fresh cut flowers. C±333±601 ...... C3±18 Peru ...... Pompon chrysan- themums. C±351±604 ...... C±269 Brazil ...... Brass sheet & strip. A±351±603 ...... A±311 Brazil ...... Brass sheet & strip. A±122±601 ...... A±312 Canada ...... Brass sheet & strip. A±580±603 ...... A±315 South Korea ...... Brass sheet & strip. C±427±603 ...... C±270 France ...... Brass sheet & strip. A±427±602 ...... A±313 France ...... Brass sheet & strip. A±428±602 ...... A±317 Germany ...... Brass sheet & strip. A±475±601 ...... A±314 Italy ...... Brass sheet & strip. A±401±601 ...... A±316 Sweden ...... Brass sheet & strip. A±588±704 ...... A±379 Japan ...... Brass sheet & strip. A±421±701 ...... A±380 Netherlands ...... Brass sheet & strip.

Statute and Regulations sunset reviews is set forth in the internet website at the following Department’s Policy Bulletin 98:3— address: http://www.ita.doc.gov/ Pursuant to sections 751(c) and 752 of l the Act, an antidumping (‘‘AD’’) or Policies Regarding the Conduct of Five- import admin/records/sunset/. All countervailing duty (‘‘CVD’’) order will year (‘‘Sunset’’) Reviews of submissions in the sunset review must be revoked, or the suspended Antidumping and Countervailing Duty be filed in accordance with the investigation will be terminated, unless Orders; Policy Bulletin, 63 FR 18871 Department’s regulations regarding revocation or termination would be (April 16, 1998) (‘‘Sunset Policy format, translation, service, and likely to lead to continuation or Bulletin’’). certification of documents. These rules can be found at 19 CFR 351.303 (1998). recurrence of (1) dumping or a Filing Information countervailable subsidy, and (2) Also, we suggest that parties check the material injury to the domestic industry. As a courtesy, we are making Department’s sunset website for any The Department’s procedures for the information related to sunset updates to the service list before filing conduct of sunset reviews are set forth proceedings, including copies of the any submissions. We ask that parties in Procedures for Conducting Five-year Sunset Regulations and Sunset Policy notify the Department in writing of any (‘‘Sunset’’) Reviews of Antidumping and Bulletin, the Department’s schedule of additions or corrections to the list. We Countervailing Duty Orders, 63 FR sunset reviews, case history information also would appreciate written 13516 (March 20, 1998) (‘‘Sunset (e.g., previous margins, duty absorption notification if you no longer represent a Regulations’’). Guidance on determinations, scope language, import party on the service list. methodological or analytical issues volumes), and service lists, available to Because deadlines in a sunset review relevant to the Department’s conduct of the public on the Department’s sunset are, in many instances, very short, we 4842 Federal Register / Vol. 64, No. 20 / Monday, February 1, 1999 / Notices urge interested parties to apply for antidumping and countervailing duty with section 751(a)(2)(B) of the Act, and access to proprietary information under proceedings at the Department. section 351.214(c) of the Department’s administrative protective order (‘‘APO’’) This notice of initiation is being regulations, for a new shipper review of immediately following publication in published in accordance with section this antidumping duty order which has the Federal Register of the notice of 751(c) of the Act and 19 CFR 351.218(c). a June anniversary date. initiation of the sunset review. The Dated: January 22, 1999. Initiation of Review Department’s regulations on submission Robert LaRussa, of proprietary information and In its December 7, 1998 request for Assistant Secretary for Import Administration eligibility to receive access to business review, ZTP certified that it did not proprietary information under APO can [FR Doc. 99–2350 Filed 1–29–99; 8:45 am] export the subject merchandise to the be found at 19 CFR 351.304–306 (see BILLING CODE 3510±DS±P United States during the period of Antidumping and Countervailing Duty investigation (POI), and that it is not Proceedings: Administrative Protective affiliated with any company which DEPARTMENT OF COMMERCE Order Procedures; Procedures for exported subject merchandise to the Imposing Sanctions for Violation of a International Trade Administration United States during the POI. ZTP also Protective Order, 63 FR 24391 (May 4, certified that its export activities are not 1998)). [A±570±806] controlled by the central government of the PRC. Pursuant to the Department’s Information Required from Interested Silicon Metal From the People's regulations at 19 CFR 351.214(b)(2)(iv), Parties Republic of China: Initiation of New ZTP submitted documentation Shipper Antidumping Administrative Domestic interested parties (defined establishing the date on which the Review in 19 CFR 351.102 (1998)) wishing to merchandise was first entered for participate in the sunset review must AGENCY: Import Administration, consumption in the United States, the respond not later than 15 days after the International Trade Administration, volume of that shipment, and the date date of publication in the Federal Department of Commerce. of first sale to an unaffiliated customer Register of the notice of initiation by ACTION: Notice of initiation of new in the United States. filing a notice of intent to participate. shipper antidumping administrative In accordance with section The required contents of the notice of review. 751(a)(2)(B) and 19 CFR 351.214(d), we intent to participate are set forth in the are initiating a new shipper review of Sunset Regulations at 19 CFR SUMMARY: The Department of Commerce the antidumping duty order on silicon 351.218(d)(1)(ii). In accordance with the (the Department) has received a request metal from the PRC. We intend to issue Sunset Regulations, if we do not receive from Zunyi Titanium Plant (ZTP) to the final results of this review no later a notice of intent to participate from at conduct a new shipper administrative than 270 days from the publication of least one domestic interested party by review of the antidumping duty order this notice. the 15-day deadline, the Department on silicon metal from the People’s The standard period of review (POR) will automatically revoke the order Republic of China (PRC), which has a in a new shipper review initiated in the without further review. June anniversary date. In accordance month immediately following the If we receive a notice of intent to with the Department’s current semiannual anniversary month is the participate from a domestic interested regulations, we are initiating this six-month period immediately party, the Sunset Regulations provide administrative review. preceding the semiannual anniversary that all parties wishing to participate in EFFECTIVE DATE: February 1, 1999. month. Therefore, the POR for this new the sunset review must file substantive shipper review is June 1, 1998 through responses not later than 30 days after FOR FURTHER INFORMATION CONTACT: November 30, 1998. the date of publication in the Federal Andrew Nulman or Maureen Flannery, Register of the notice of initiation. The AD/CVD Enforcement, Import Concurrent with publication of this required contents of a substantive Administration, International Trade notice and in accordance with CFR response are set forth in the Sunset Administration, U.S. Department of 351.214(e), we will instruct the U.S. Regulations at 19 CFR 351.218(d)(3). Commerce, 14th Street and Constitution Customs Service to allow, at the option Note that certain information Avenue, NW., Washington, DC 20230; of the importer, the posting of a bond or requirements differ for foreign and telephone: (202) 482–4052 or (202) 482– security in lieu of a cash deposit for domestic parties. Also, note that the 3020, respectively. each entry of the merchandise exported Department’s information requirements SUPPLEMENTARY INFORMATION: by the company listed above, until the completion of the review. are distinct from the International Trade The Applicable Statute and Regulations Commission’s information Interested parties must submit requirements. Please consult the Sunset Unless otherwise indicated, all applications for disclosure under Regulations for information regarding citations to the statute are references to administrative protective order in the Department’s conduct of sunset the provisions effective January 1, 1995, accordance with 19 CFR 351.305 and reviews.1 Please consult the the effective date of the amendments 351.306. Department’s regulations at 19 CFR part made to the Tariff Act of 1930 (the Act) This initiation and notice are in 351 (1998) for definitions of terms and by the Uruguay Round Agreements Act. accordance with section 751(a) of the for other general information concerning In addition, unless otherwise indicated, Act (19 U.S.C. 1675(a)) and 19 CFR all citations to the Department’s 351.214. 1 A number of parties commented that these regulations are to the current Dated: January 25, 1999. regulations, codified at 19 CFR part 351, interim-final regulations provided insufficient time Richard W. Moreland, for rebuttals to substantive responses to a notice of 62 FR 27296 (1998). initiation (Sunset Regulations, 19 CFR Acting Assistant Secretary 351.218(d)(4)). As provided in 19 CFR 351.302(b) Background for Import Administration. (1998), the Department will consider individual requests for extension of that five-day deadline On December 7, 1998, the Department [FR Doc. 99–2347 Filed 1–29–99; 8:45 am] based upon a showing of good cause. received a timely request, in accordance BILLING CODE 3510±DS±P Federal Register / Vol. 64, No. 20 / Monday, February 1, 1999 / Notices 4843

DEPARTMENT OF COMMERCE scientific value to either of the foreign accepted by Commissioner of Customs: instruments. January 4, 1999. International Trade Administration Frank W. Creel, Frank W. Creel, Ames Laboratory, Et Al. Notice of Director, Statutory Import Programs Staff. Director, Statutory Import Programs Staff. Consolidated Decision on Applications [FR Doc. 99–2348 Filed 1–29–99; 8:45 am] [FR Doc. 99–2349 Filed 1–29–99; 8:45 am] for Duty-Free Entry of Scientific BILLING CODE 3510±DS±P BILLING CODE 3510±DS±P Instruments

This is a decision consolidated DEPARTMENT OF COMMERCE DEPARTMENT OF COMMERCE pursuant to section 6(c) of the International Trade Administration International Trade Administration Educational, Scientific, and Cultural Materials Importation Act of 1966 (Pub. Application for Duty-Free Entry of Export Trade Certificate of Review L. 89–651, 80 Stat. 897; 15 CFR part Scientific Instrument 301). Related records can be viewed ACTION: Notice of application. between 8:30 A.M. and 5:00 P.M. in Pursuant to Section 6(c) of the SUMMARY: The Office of Export Trading Room 4211, U.S. Department of Educational, Scientific and Cultural Company Affairs (‘‘OETCA’’), Commerce, 14th and Constitution Materials Importation Act of 1966 (Pub. International Trade Administration, Avenue, NW, Washington, DC. L. 89–651; 80 Stat. 897; 15 CFR part Department of Commerce, has received Comments: None received. Decision: 301), we invite comments on the question of whether an instrument of an application for an Export Trade Approved. No instrument of equivalent Certificate of Review. This notice scientific value to the foreign equivalent scientific value, for the purposes for which the instrument summarizes the conduct for which instruments described below, for such certification is sought and requests purposes as each is intended to be used, shown below is intended to be used, is being manufactured in the United comments relevant to whether the is being manufactured in the United Certificate should be issued. States. States. Comments must comply with 15 CFR FOR FURTHER INFORMATION CONTACT: Docket Number: 98–057. Applicant: 301.5(a)(3) and (4) of the regulations and Morton Schnabel, Director, Office of Ames Laboratory, U.S. Department of be filed within 20 days with the Export Trading Company Affairs, Energy, Ames, IA 50011–3020. Statutory Import Programs Staff, U.S. International Trade Administration, Instrument: Auger Microprobe, Model Department of Commerce, Washington, (202) 482–5131. This is not a toll-free JAMP–7800F. Manufacturer: JEOL Ltd., DC 20230. Application may be number. Japan. examined between 8:30 A.M. and 5:00 SUPPLEMENTARY INFORMATION: Title III of Intended Use: See notice at 63 FR P.M. in Room 4211, U.S. Department of the Export Trading Company Act of 65751, November 30, 1998. Commerce, 14th Street and Constitution 1982 (15 U.S.C. 4001–21) authorizes the Reasons: The foreign instrument Avenue, NW, Washington, DC. Secretary of Commerce to issue Export provides highest energy resolution of Docket Number: 98–067. Applicant: Trade Certificates of Review. A 0.05% with 1.0 nm for secondary Johns Hopkins University, 3400 N. Certificate of Review protects the holder electrons and 35nm for Auger analysis. Charles Street, Baltimore, MD 21218. and the members identified in the Advice received from: National Institute Instrument: Electron Microscope, Model Certificate from state and federal of Standards and Technology, January CM300. Manufacturer: Philips, The government antitrust actions and from 13, 1999. Netherlands. Intended Use: The private, treble damage antitrust actions instrument will be used in an electron for the export conduct specified in the Docket Number: 98–063. Applicant: microscopy laboratory that has been University of Maryland, College Park, Certificate and carried out in designed to benefit researchers in compliance with its terms and MD 20742. Instrument: Electron biomedical engineering, chemical Microprobe, Model JXA–8900R. conditions. Section 302(b)(1) of the Act engineering, chemistry, earth and and 15 CFR 325.6(a) require the Manufacturer: JEOL Ltd., Japan. planetary sciences, environmental Intended Use: See notice at 63 FR Secretary to publish a notice in the engineering, materials science and Federal Register identifying the 69264, December 16, 1998. Reasons: engineering, mechanical engineering The foreign instrument provides applicant and summarizing its proposed and physics. Examples of specific export conduct. characterization of elemental research projects which will be composition and structure in surfaces Request for Public Comments µ conducted include: (a) Processing and with resolution down to 1 m. Advice characterization of nanoscale materials, Interested parties may submit written received from: National Institute of (b) dislocation of core structures in comments relevant to the determination Standards and Technology, January 13, intermetallic alloys, (c) environmental whether a Certificate should be issued. 1999. chemistry, (d) development and If the comments include any privileged The National Institute of Standards characterization of rare-earth or confidential business information, it and Technology advises that (1) the magnetostictive materials, (e) nanoscale must be clearly marked and a capabilities of each of the foreign observations of porous semiconductors, nonconfidential version of the instruments described above are (f) identification of failure mechanisms comments (identified as such) should be pertinent to each applicant’s intended in materials with applications to included. Any comments not marked purpose and (2) it knows of no domestic manufacturing processes and (g) privileged or confidential business instrument or apparatus of equivalent investigations in crystal chemistry and information will be deemed to be scientific value for the intended use of geochemistry. In addition, the nonconfidential. An original and five each instrument. instrument will be used to supplement copies, plus two copies of the We know of no other instrument or and expand course offerings on electron nonconfidential version, should be apparatus being manufactured in the microscopy, especially analytical based submitted no later than 20 days after the United States which is of equivalent electron microscopy. Application date of this notice to: Office of Export 4844 Federal Register / Vol. 64, No. 20 / Monday, February 1, 1999 / Notices

Trading Company Affairs, International transportation; and facilitating the DEPARTMENT OF COMMERCE Trade Administration, Department of formation of shippers’ associations. Commerce, Room 1104H, Washington, National Institute of Standards and Export Markets DC 20230. Information submitted by any Technology person is exempt from disclosure under The Export Markets include all parts [Docket No. 981228327±8327±01] the Freedom of Information Act (5 of the world except the United States U.S.C. 552). However, nonconfidential (the fifty states of the United States, the Proposed Voluntary Product Standard versions of the comments will be made District of Columbia, the DOC PS 20±99 ``American Softwood available to the applicant if necessary Commonwealth of Puerto Rico, the Lumber Standard'' for determining whether or not to issue Virgin Islands, American Samoa, Guam, the certificate. Comments should refer the Commonwealth of the Northern AGENCY: National Institute of Standards to this application as ‘‘Export Trade Mariana Islands, and the Trust Territory and Technology (NIST), Commerce. Certificate of Review, application of the Pacific Islands). ACTION: Notice. number 99–00001.’’ A summary of the Export Trade Activities and Methods of SUMMARY: application follows: This is to advise the public Operation that the National Institute of Standards Summary of the Application C-Shore International may: and Technology (NIST) is distributing a Applicant: C-Shore International, 1. Provide and/or arrange for the proposed revision of Voluntary Product 1102 Brand Blvd, Suite 63, Glendale, provision of Export Trade Facilitation Standard DOC PS 20–94 ‘‘American California 91202. Services; Softwood Lumber Standard,’’ for review Contact: Jacques Issac, Owner\Export 2. Engage in promotion and marketing and comment, DOC PS 20–94 serves the Manager. activities and collect and distribute procurement and regulatory needs of Telephone: (818) 909–4654. information on trade opportunities in numerous federal, state, and local Application No.: 99–00001. the Export Markets; government agencies by providing for Date Deemed Submitted: January 20, 3. Enter into exclusive and/or non- uniform, industry-wide grade-marking 1999. exclusive agreements with distributors, and inspection requirements for Members (in addition to applicant): foreign buyers, and/or sales softwood lumber. The proposed None. representatives in Export Markets; revision, DOC PS 20–99 ‘‘American C-Shore International, an Export 4. Enter into exclusive or non- Softwood Lumber Standard,’’ has been Intermediary, seeks a Certificate to cover exclusive licensing, and/or sales developed and is being processed in the following specific Export Trade, agreements with Suppliers, Export accordance with the provisions of the Export Markets, and Export Trade Intermediaries, or other persons for the ‘‘Procedures for the Development of Activities and Methods of Operations. transfer of title to Products, Services, Voluntary Product Standards’’ of the Export Trade and/or Technology Rights in Export Department of Commerce (15 CFR Part Markets; 10; as amended; published June 20, 1. Products 5. Allocate export orders among 1986). All products. suppliers; DATES: Written comments regarding the 6. Allocate the sales, export orders proposed revision, DOC PS 20–99, 2. Services and/or divide Export Markets, among should be submitted to the Technical All services. Suppliers, Export Intermediaries, or Standards Activities Program, NIST, by 3. Technology Rights other persons for the sale, licensing and/ no later than April 19, 1999. or transfer of title to Products, Services, ADDRESSES: Requests for copies of the Technology Rights, including, but not and/or Technology Rights; proposed revision, DOC PS 20–99, and limited to, patents, trademarks, 7. Establish the price of Products, written comments on the proposed copyrights and trade secrets that relate Services, and or Technology Rights for revision should be submitted to the to Products and Services. sale and/or licensing in Export Markets; Technical Standards Activities Program, 4. Export Trade Facilitation Services (as and NIST, 100 Bureau Drive Stop 2150, They Relate to the Export of Products, 8. Negotiate, enter into, and/or Gaithersburg, MD 20899–2150. The text Services and Technology Rights) manage licensing agreements for the of the proposed revision, DOC PS 20–99 export of Technology Rights. Export Trade Facilitation Services, (including a copy of DOC PS 20–94 that including, but not limited to: Definitions has been marked up to show proposed changes to the standard), may be viewed professional services in the areas of 1. Export Intermediary means a government relations and assistance on the World Wide Web (as an Adobe person who acts as a distributor, sales Acrobat File) by clicking onto the ‘‘DOC with state and federal export programs; representative, sales or marketing agent, foreign trade and business protocol; Voluntary Product Standards Program’’ or broker, or who performs similar at the web site: http://ts.nist.gov/tsap. consulting; market research and functions, including providing or FOR FURTHER INFORMATION CONTACT: analysis; collection of information on arranging for the provision of Export trade opportunities; marketing; Barbara M. Meigs, Technical Standards Trade Facilitation Services. Activities Program, National Institute of negotiations; joint ventures; shipping 2. Supplier means a person who and export management; export Standards and Technology, telephone: produces, provides, or sells a Product 301–975–4025; fax: 301–926–1559, e- licensing; advertising; documentation and/or Service. and services related to compliance with mail: [email protected]. customs requirements; insurance and Dated: January 26, 1999. SUPPLEMENTARY INFORMATION: The financing; bonding; warehousing; export Morton Schnabel, proposed revision, DOC PS 20–99 trade promotion; trade show Director, Office of Export Trading Company ‘‘American Softwood Lumber exhibitions; organizational Affairs. Standard,’’ was developed by the development; management and labor [FR Doc. 99–2258 Filed 1–29–99; 8:45 am] American Lumber Standard Committee, strategies; transfer of technology; BILLING CODE 3510±DR±M the Standing Committee for DOC PS 20– Federal Register / Vol. 64, No. 20 / Monday, February 1, 1999 / Notices 4845

94. The Committee has responsibility are shown first followed by loading line-up which includes both for maintaining and interpreting the conventional units, language regarding wheat and corn or soybeans or both oats standard and is composed of remanufactured lumber is added to the and corn or soybeans. The Commission, representatives of producers, text, standards referenced in DOC PS by its Order, amended its Orders of distributors, consumers, and others with 20–94 are replaced by current editions November 7, 1997, and May 7, 1998, to an interest in the standard. of those standards, commercial names of effectuate the above approvals relating DOC PS 20–94 established standard additional principal softwood species to the CBT corn and soybean futures sizes and requirements for developing are listed in Appendix A, and some contracts. and coordinating the lumber grades of definitions of terms used in describing The Commission has determined that the various species of softwood lumber, standard grades of lumber are clarified publication of this Order is in the public the assignment of design values, and the in Appendix B. The basic sizes, interest, will provide the public with preparation of grading rules applicable technical requirements for softwood notice of its action, and is consistent to each species. Its provisions include lumber, and administrative structure for with the purposes of the Act. implementation of the Standard through implementing and enforcing the DATES: This Order became effective on an accreditation and certification Standard have been retained. January 25, 1999. program; establishment of principal ADDRESSES: Commodity Futures Trading trade classifications and lumber sizes Authority: 15 U.S.C. 272. Dated: January 26, 1999. Commission, Three Lafayette Centre, for yard, structural, factory/shop use; 1155 21st Street, NW, Washington, DC Robert E. Hebner, classification, measurement, grading 20581. Acting Deputy Director. and grade-marking of lumber; FOR FURTHER INFORMATION CONTACT: John definitions of terms and procedures to [FR Doc. 99–2354 Filed 1–29–99; 8:45 am] Mielke, Acting Director, or Paul provide a basis for the use of uniform BILLING CODE 3510±13±M Architzel, Chief Counsel, Division of methods in the grading inspection, Economic Analysis, Commodity Futures measurement and description of Trading Commission, Three Lafayette softwood lumber; commercial names of COMMODITY FUTURES TRADING Centre, 1155 21st Street, NW, the principal softwood species; COMMISSION Washington, DC 20581, (202) 418–5260, definitions of terms used in describing or electronically, Mr. Architzel at standard grades of lumber; and Chicago Board of Trade Futures [email protected]. commonly used industry abbreviations. Contracts in Corn and Soybeans; SUPPLEMENTARY INFORMATION: The The Standard also includes the Order Approving Proposed Rules and Commission, on January 25, 1999, organization and functions of the Amending Orders of May 7, 1998, and issued an Order to the CBT approving American Lumber Standard Committee, November 7, 1997 amendments to the CBT’s corn and the Board of Review, and the National soybean futures contracts under sections Grading Rule Committee. AGENCY: Commodity Futures Trading The Standing Committee met on Commission. 5a(a)(12) and 5a(a)(10) of the Act and November 6, 1998, to discuss and vote ACTION: Final order to the Chicago Board amending the Commission’s Orders upon the draft revision of DOC PS 20– of Trade. under section 5a(a)(10) of the Act of 94. The draft had been developed by an November 7, 1997, and May 7, 1998, to ALSC Task Group after considering SUMMARY: The Commodity Futures effectuate the approved rule comments received from Committee Trading Commission (Commission), on amendments. The text of the Commission’s Order is members and other interested parties January 25, 1999, issued an Order to the as follows: who responded to NIST’s Board of Trade of the City of Chicago announcement of March 30, 1998, in the (CBT) under sections 5a(a)(12) and In the Matter of the Amendment: of the NIST Update. In that announcement, 5a(a)(10) of the Commodity Exchange Terms and Conditions of the Chicago Board NIST indicated that as part of the Act (Act), 7 U.S.C. 7a(a)(12) and (10), of Trade Corn and Soybean Futures Contracts. Department’s 5-year review, mandated approving amendments to the CBT’s by the DOC procedures, it was seeking corn and soybean futures contracts and Order of the Commodity Futures Trading amending the Commission’s Orders Commission Approving Proposed comments regarding DOC PS 20–94 to Amendments to the Board of Trade of the determine its technical adequacy, the under section 5a(a)(10) of the Act of City of Chicago Corn and Soybean Futures level of acceptability the standard has November 7, 1997, and May 7, 1998, to Contracts and Amending Commission Orders among the various segments of the effectuate the approved rule of May 7, 1998, and November 7, 1997. softwood lumber industry, the amendments. The Commodity Futures Trading standard’s compatibility with existing On January 25, 1999, the Commission Commission (Commission) hereby law and established public policy, and approved for the CBT corn and soybean approves under sections 5a(a)(12) and the benefits that would be derived from futures contracts, beginning on January 5a(a)(10) of the Commodity Exchange PS 20–94 versus any alternatives. 3, 2000: (1) Deletion of provisions Act (Act), 7 U.S.C. 7a(a)(12) and (10), Following a period of discussion of the relating to in-loading of the amendments to the Board of Trade of draft and the comments that had been commodities at regular warehouses; (2) the City of Chicago’s (CBT) corn and received from the public and members rules extending a preference for load-out soybean futures contracts submitted by of the Committee, all members present by regular warehouse or shipping the CBT for Commission approval on at the meeting unanimously approved station operators of deliveries on futures October 22, 1998, and January 20, 1999, the draft, with minor changes, and contracts over their cash commitments and amends the Commission’s Orders of recommended that the proposed until meeting their daily load-out May 7, 1998, and November 7, 1997, revision, DOC PS 20–99, be submitted to requirement that is currently in effect under section 5a(a)(10) of the Act, NIST to be processed to supersede DOC for delivery by barge to other modes of making all changes necessary effect the PS 20–94. transportation; and (3) rules requiring above approval. Specifically, the Among the changes to DOC PS 20–94 regular shipping stations, at a minimum, Commission approves for the CBT corn and incorporated in the proposed to load at the highest loading rate and soybean futures contracts, revision are the following: metric units applicable for the commodities in a beginning on January 3, 2000: 4846 Federal Register / Vol. 64, No. 20 / Monday, February 1, 1999 / Notices

(1) Deletion of provisions relating to comment on the likely effect on The CBT is proposing to amend these in-loading of the commodities at regular deliverable supplies which might result provisions by providing all takers of Chicago shipping stations; from the increasing concentration of futures deliveries in Chicago a (2) Rules extending a preference for control over delivery facilities.2 63 FR preference over the shipping station’s load-out by regular shipping station 65175, 65177 (November 25, 1998). cash loading commitments until the operators of commodity for futures shipping station has met its daily load- II. The CBT Proposal delivery over their cash commitments out requirements. The CBT’s proposed until meeting their daily load-out The CBT is proposing to amend its preferential load-out requirements are requirement that is currently in effect corn and soybean futures contracts by contrary to cash market practice, where for Chicago delivery by barge to delivery requiring Chicago shipping station customers generally are accommodated by other modes of transportation; and, operators to give preference to orders for on a first-come, first-served basis. (3) Rules requiring shipping stations, vessel or rail load-out of corn or Nevertheless, the Commission at a minimum, to load at the highest soybeans for futures delivery over their approved such a preference in its loading rate applicable for the cash commitments until shipping section 5a(a)(10) Orders for barge load- commodities in a loading line-up which stations operators meet their daily load- out. In doing so, it noted that the effect includes both wheat and corn or out requirement. CBT rules already of this departure from cash market soybeans or both oats and corn or extend such a preference to receivers of practice on deliverable supplies was soybeans. corn and soybeans for delivery by barge. difficult to measure in advance and In addition, the CBT is proposing to I. Background required the CBT to report to the require that the regular shipper not give Commission on experience with The CBT corn and soybean futures preference to one commodity over deliveries for a five year period. contracts were the subject of a another in making delivery and that, Whatever the preference’s overall effect, notification and proceeding under when different commodities are to be in light of the diminished importance of section 5a(a)(10) of the Act. Under that loaded out, the applicable load-out rate Chicago as a delivery point, the effect of proceeding, the Commission on is the higher of the two. Finally, the extending the preference to Chicago November 7, 1997, issued an Order to CBT is proposing to delete provisions vessel and rail delivery takers likely will the CBT amending the CBT’s corn and relating to the in-loading of corn and be minor. In any event, the CBT is soybean futures contracts, 62 FR 60831 soybeans at the Chicago delivery required under the section 5a(a)(10) (November 13, 1997) (section 5a(a)(10) location. Orders to report on delivery experience. Order), and on May 7, 1998, the Such reports will provide better Commission issued a second, amending III. Standard of Review information on what effect, if any, Order designating new CBT corn and The Commission has reviewed the extending the preference to Chicago soybean futures contracts with revised CBT proposals to determine whether vessel and rail delivery takers has on contract terms. 63 FR 26575 (May 13, they would impermissibly reduce the deliverable supplies.4 1998) (Amending Order) (together, level of deliverable supplies provided ‘‘section 5a(a)(10) Orders’’). for by the Commission’s section V. Concentration of Ownership of The CBT on October 21, 1998, and 5a(a)(10) Orders or would violate any Delivery Facilities January 20, 1999, submitted to the other provision of the Act or Section 15 of the Act requires the Commission for its review proposed Commission rules or policies. Commission, when reviewing exchange amendments to its corn and soybean IV. Proposed Amendment of Loading rule proposals or amendments, to futures contracts. The Commission on Rules consider the public interest to be November 25, 1998, requested public protected by the antitrust laws and to comment on the exchange rule Under the current delivery procedures for the corn and soybean futures endeavor to take the least anti- amendments. 63 FR 65175. The competitive means of achieving the Commission’s request for public contracts, shipping certificate holders for delivery at the Chicago delivery comment noted that, to the extent these required to in-load corn or soybeans consecutively proposed rule amendments differ from location may require load-out from without giving preference to products owned by the the provisions of the Commission’s regular elevators into vessels, rail cars or operator over the products of others and without Order of May 7, 1998, the CBT’s barges on a first-come first-served basis. giving preference to one depositor over another. Regular warehouse operators must load The operator must in-load products into the requested approval also constituted a warehouse/shipping station consecutively in the request to the Commission to amend its the commodity at least at specified daily order in which they arrive at specified minimum Order and that the request for comment rates, which differ depending upon the daily rates pursuant to in-loading orders previously also constituted notice of the proposed mode of transportation provided by the received, to the extent that the warehouse capacity amendment of the Commission’s Order shipping certificate holder. However, for grain and grade permits. The CBT is proposing takers of futures delivery by barge are to delete these rules relating to in-loading for corn consistent with the proposed rule and soybeans. amendments.1 Id. at 65176. It also raised provided a preference over the shipping 4 Similarly, in light of Chicago’s diminished a number of specific issues for response, station operator’s cash commitments importance as a delivery point, deletion of the in- including whether the proposed load- until the shipping station/warehouse loading requirement would have little impact on overall deliverable supplies on the corn or soybeans out preference was consistent with cash has met its daily load-out requirements.3 See, section 5a(a)(10) futures contracts. market practice and, if not, to what The CBT also proposes a clarifying amendment extent the proposal would limit Order, 62 FR 60850. that specifies that, if a lineup for loading out grain deliverable supplies on the contracts. into barges from a particular regular warehouse/ 2 Five commenters—the CBT, a flour miller, two shipping station includes both wheat and corn or The Commission also requested grain merchants and an association—responded. soybeans or both oats and corn or soybeans, then However, none of the commenters specifically the minimum daily rate for loading shall be the 1 The CBT also proposed amendments to its addressed issues related to the corn and soybean highest of the applicable rates. According to trade wheat and oats futures contracts in its October 22 futures markets. Instead their comments were sources, barge loading rates do not vary and January 20 submissions. Those contracts are addressed to associated rules applicable to the CBT substantially among these commodities. not subject to Commission section 5a(a)(10) Orders wheat and oats futures contracts. Accordingly, the proposed amendments would not and are being reviewed separately for Commission 3 Similarly, regular warehouse/shipping station create any impediment to deliveries and are hereby approval under section 5a(a)(12) of the Act. operators at the Chicago delivery point currently are approved by the Commission. Federal Register / Vol. 64, No. 20 / Monday, February 1, 1999 / Notices 4847 objectives of the Act. Guideline No. 1 on the corn and soybean futures required under the section 5a(a)(10) requires exchanges to justify the contracts on and after January 3, 2000. Orders. contract’s delivery specifications in The CBT also proposes to apply the Dated: January 25, 1999. light of the number and total capacity of amendments to all corn and soybean By the Commission. facilities meeting contract requirements warehouse receipts that are outstanding Jean A. Webb, and the extent to which ownership and on January 3, 2000. control of such facilities is dispersed or In reviewing whether proposed Secretary of the Commission. concentrated. 17 CFR part 5, Appendix amendments can be applied to the terms Attachment 1.—Rules and Regulations A(a)(2)(C)(1) and (4). These proposed of existing contracts, the Commission Approved by the Commission for the rule amendments do not raise particular considers the effect any such Chicago Board of Trade’s Corn and Soybean issues under section 15. amendments may have on the value of Futures Contracts However, on November 10, 1998, existing positions. In this regard, the Corn Cargill announced that it had signed an proposed amendments to the soybean 1009.00 agreement to acquire Continental Grain and corn futures contracts are proposed 1009.01 Company’s (Continental) commodity to apply to shipping certificates 1049.03 marketing business, including 1052.00 delivered against futures positions in 1052.00(d) Continental’s grain storage facilities in certain currently-listed contract months the United States. If this announced 1052.00A that expire after January 3, 2000, and to 1081.00(11) acquisition is consummated, Cargill all corn and soybean warehouse receipts 1081.01(12)A. potentially will own and operate both of that are outstanding on that date. The 1081.01(12)B. the two delivery warehouse/shipping Commission specifically requested 1081.01(12)C. stations in the Chicago area and will public comment on what effect, if any, 1081.01(12)E. take over one of the three delivery the proposed amendments would have 1081.01(12)H. shipping stations in St. Louis. Under the on the value of existing positions. 63 FR 1085.01 Soybeans agreement, Cargill also will acquire six 65175. None of the commenters barge loading facilities on the northern 1009.00 addressed this issue. 1049.03 Illinois River and two facilities on the As discussed above, the proposed southern Illinois River. Cargill’s 1052.00 loading provisions would require the 1052.00(d) ownership of potential delivery capacity warehouse/shipping station operator to 1052.00A on the new corn contract will increase standardize loading requirements in 1081.00(11) from 13% to 34% and on the new Chicago for all deliveries regardless of 1081.01(12)A. soybean contract from 13% to 38%. mode of transport presented or 1081.01(12)B. This increased concentration potentially 1081.01(12)C. commodity. They would not have an could raise significant issues under 1081.01(12)E. impact on the value of existing section 15 and could have a negative 1081.01(12)H. positions, and the Commission therefore impact on the corn and soybean futures 1085.01 approves the CBT’s implementation contracts. Issued in Washington, DC, this 25th day of The Cargill acquisition is under plan under section 5a(a)(12) of the Act. January, 1999, by the Commodity Futures review by the United States Department For the reasons discussed above, the Trading Commission. of Justice. Until the Department of Commission finds that none of the rule Jean A. Webb, Justice acts to approve, disapprove or amendments proposed by the CBT Secretary of the Commission. modify the terms of the acquisition, the would have a discernable impact on the [FR Doc. 99–2303 Filed 1–29–99; 8:45 am] level of deliverable supplies provided acquisition will not be consummated. BILLING CODE 6351±01±M The Commission does not currently under the Commission’s section have sufficient information to determine 5a(a)(10) Orders or otherwise would violate the Act or Commission rules or its actual effect on the contract. The DEPARTMENT OF DEFENSE Commission will consider further this policies. Based on this finding, the issue at such time as the acquisition Suspension of the Price Evaluation Commission hereby approves under occurs. However, in order to assist it in Adjustment for Small Disadvantaged sections 5a(a)(12) and 5a(a)(10) of the its analysis of this issue, the Businesses Commission directs the CBT carefully to Act, 7 U.S.C. 7a(a)(12) and 7a(a)(10), monitor the 1999 corn and soybean amendments to the CBT’s corn and AGENCY: Department of Defense (DoD). futures contract expirations at all of its soybean futures contracts as shown in ACTION: Notice of 1-year suspension of delivery locations to assess the impact attachment 1 to this Order and amends the price evaluation adjustment for of concentration of ownership or control the Commission’s Orders under section small disadvantaged businesses. of approved delivery facilities on the 5a(a)(10) of the Act of May 7, 1998, and price convergence of the contracts. In November 7, 1997, making all changes SUMMARY: The Director of Defense addition, the CBT is directed to include necessary to effect the above approval. Procurement has suspended the use of such an analysis in its reports to the Further, the Commission hereby the price evaluation adjustment for Commission on the revised corn and directs the CBT carefully to monitor the small disadvantaged businesses (SDBs) soybean futures contracts which are 1999 corn and soybean futures contract in DoD procurements as required by 10 required under the section 5a(a)(10) expirations to assess the impact of U.S.C. 2323(e)(2), as amended by Orders. concentration of ownership or control of section 801 of the Strom Thurmond approved delivery facilities on the price National Defense Authorization Act for VI. Implementation convergence of the contracts. In Fiscal Year 1999, because DoD exceeded The CBT plans to apply the proposed addition, the CBT is directed to include its 5 percent contract goal for awards to amendments to the load-out provision such an analysis in its reports to the SDBs in fiscal year 1998. The to all corn and soybeans loaded out Commission on the revised corn and suspension will be in effect for 1 year against shipping certificates delivered soybean futures contracts which are and will be reevaluated based on the 4848 Federal Register / Vol. 64, No. 20 / Monday, February 1, 1999 / Notices level of DoD contract awards to SDBs Beginning on the effective date set forth and business objectives. MTMC believes achieved in fiscal year 1999. below, the DoD will use the DTOD for that DTOD can be fully integrated with DATES: Effective Date: February 24, computing highway distances for freight existing commercial transportation 1999. shipments, hazardous material systems and can be used by DoD Applicability Date: This suspension shipments, and overweight/ shippers and carriers with equal applies to all solicitations issued during overdimensional shipments. Carriers success. the period from February 24, 1999, to and providers participating in the DoD Comment: The cost to purchase and February 23, 2000. freight program must agree to be bound maintain a separate distance calculation product for DoD shipments is too high. FOR FURTHER INFORMATION CONTACT: by the DTOD distance calculation for Response: MTMC is aware of the Ms. Susan Schneider, PDUSD (A&T), payment and audit purposes in all economic impact implementation of Director of Defense Procurement, procurements using mileage-based rates. DTOD may have on freight carriers, Defense Acquisition Regulations This policy decision is in furtherance of DoD’s goal to use a single integrated, particularly small businesses. Therefore, Council, 3060, Defense Pentagon, MTMC did not mandate that carriers Washington, DC 20301–30962, electronic distance calculation source for its travel entitlement, passenger purchase and maintain DTOD in order telephone (703) 602–0131. to participate in the DoD freight SUPPLEMENTARY INFORMATION: Pursuant traffic, personal property, and freight programs. program. Instead, MTMC only requires to the authority granted in 10 U.S.C. that participating carriers agree to be EFFECTIVE DATE: April 1, 1999. 2323(e), DoD has previously granted bound by DTOD mileage for payment SDBs a 10 percent price preference in FOR FURTHER INFORMATION CONTACT: Mr. and audit purposes. MTMC believes that certain acquisitions. This price Ed Dickerson (703) 681–6870 or Ms. carriers may choose to adapt to the preference was initially implemented in Patty Maloney (703) 681–6586, Military DTOD implementation in a variety of the Defense Federal Acquisition Traffic Management Command, ATTN: ways, to include: Regulation Supplement, Subpart 219.70. MTTM-O, Room 108, 5611 Columbia (1) Carriers not purchasing DTOD may Beginning October 1, 1998, the price Pike, Falls Church, VA 22041–5050. rely on the payment process to identify preference program was removed from SUPPLEMENTARY INFORMATION: the distance used for payment; (2) the Defense Federal Acquisition 1. Background Carriers may subscribe to the DTOD- Regulation Supplement and was compliant commercial product implemented, in revised form, for all In furtherance of DoD’s goal of making (PC*MILER) through the Internet for an agencies subject to the Federal its transportation programs, including estimated $375 per 500 lookups; (3) Acquisition Regulation in Subpart 19.11 travel entitlement, passenger traffic, Carriers may purchase and install ALK’s of that regulation. personal property, and freight, more PC*MILER in a manner best suited to Section 801 of the Strom Thurmond standard, economical and efficient, the their own business strategies and National Defense Authorization Act for DoD Comptroller tasked MTMC to find computer operations; (4) Carriers may Fiscal Year 1999 (Public Law 105–261) a commercially available, integrated, explore the possibility of acquiring hard amended 10 U.S.C. 2323(e)(3) to automated distance calculation source copy versions of PC*MILER; (5) Carriers prohibit DoD from granting such a price capable of supporting all DoD may rely on the comparison of variances preference for a 1-year period following transportation and travel related between Rand McNally’s Milemaker and a fiscal year in which DoD achieved the requirements. After an extensive proof- ALK’s PC*MILER distances for the 124 5 percent goal for contract awards of-concept and market analysis phase, busiest traffic lanes. Copies of the established in 10 U.S.C. 2323(a). Since, MTMC contracted for delivery and comparison are available on request. in fiscal year 1998, DoD exceeded this installation of a commercial-off-the- Additionally, MTMC is exploring 5 percent goal, use of this price shelf distance calculation system automated methods of annotating all preference in DoD acquisitions must be adaptable to DoD transportation and GBL’s to reflect the DTOD distance. suspended for a 1-year period. entitlement programs. The DTOD, Comment: Serving the commercial Michele P. Peterson, commercially known as PC*MILER by market and participating in the DoD Executive Editor, Defense Acquisition ALK Associates, Inc., will become the freight program will require carriers to Regulations Council. DoD standard, automated source for purchase and maintain two different [FR Doc. 99–2234 Filed 1–29–99; 8:45 am] surface vehicular distance information systms—one for DoD and another for BILLING CODE 5000±04±M worldwide. A notice of proposed commercial customers. implementation of DTOD in the DoD Response: MTMC does not require freight transportation program was carriers to purchase PC*MILER and DEPARTMENT OF DEFENSE published in the Federal Register, vol. maintain two different distance systems. 63, no. 178, pages 49338–49339, Carriers may continue to use the Department of the Army Tuesday, September 15, 1998. In mileage software they are currently response to this notice, 14 comments using. However, for DoD shipments, Proposed Implementation of the were received; of which 10 were from payment and audit will be based on the Defense Table of Official Distances freight carriers, three from carrier DTOD distance calculations. Carriers (DTOD) in the DoD Freight Program associations, and one from Rand will have the options listed in the first AGENCY: Military Traffic Management McNally. The comments and responses comment or other options suited to each Command, DoD. are as follows: carrier’s business strategy/business ACTION: Final notice (policy statement). Comment: ALK’s PC*MILER is a cost- relationship and market situation. effective database and would benefit Comment: DTOD is a DoD-unique SUMMARY: The Department of Defense small businesses. product and not the commercial (DoD) has decided as a matter of Response: MTMC is aware that standard in the freight industry. procurement policy and internal agency DTOD’s commercial counterpart, ALK’s Response: DTOD is a commercial procedure to change the distance PC*MILER, is currently used product and is, therefore, consistent calculation source for payment and successfully in the commercial sector by with commercial business practices. audit under DoD freight program. shippers and carriers of various sizes DTOD is based on ALK’s PC*MILER, Federal Register / Vol. 64, No. 20 / Monday, February 1, 1999 / Notices 4849 which is a commercial-off-the-shelf Flexibility Act, 5 U.S.C. 601–612. This findings and conclusions together with product modified to include DoD policy decision to implement a single its recommendations. The standards point of location codes (SPLC) distance calculation source for internal recommendations shall address what and several locations within CONUS agency travel entitlement and legislation and administrative actions and overseas. Use of DTOD will move procurement purposes is not considered they consider appropriate; and what DoD closer to a single, automated, and rule making within the meaning of the they regard as the appropriate Federal widely used commercial standard for all Administrative Procedure Act or the role in determining the quality of the its various transportation programs. Regulatory Flexibility Act. educational software products. The DTOD and PC*MILER will be subject to Commission shall consist of Fourteen the same version control process and 2. Regulatory Flexibility Act members, appointed by the President, will feature delivery systems compatible Implementation of this policy change Secretary, and Congress, who have with current commercial usage for like in DoD’s freight program involves expertise in the Internet technology products. public contracts and is designed to industry, in accreditation, establishing Comment: Carrier information standardize distance calculation in the statewide curricula, and establishing systems use AS400 and Unix operating payment and audit process. This change information technology networks systems. It is not clear whether DTOD is not considered rule making within pertaining to education curricula. will run on these larger systems. the meaning of the Administrative RESPONSIBLE OFFICIAL: Maureen Response: DoD has chosen to use a Procedures Act or the Regulatory McLaughlin, Deputy Assistant Secretary Windows NT operating system. Flexibility Act, 5 U.S.C. 601–612. for Policy, Planning, and Innovation, However, carriers are free to license a 3. Paperwork Reduction Act U.S. Department of Education, PC*MILER version that will run on an Washington, DC 20202 Telephone: (202) operating system of their choice. ALK The Paperwork Reduction Act, 44 205–2987. currently has versions of PC*MILER for U.S.C. 3051, et seq., does not apply Dated: January 26, 1999. AS400 and Unix operating systems. because no information collection Comment: Many small businesses do reporting or records keeping Richard W. Riley, not have updated computer capability responsibilities are imposed on offerors, Secretary of Education. or do not use computers. contractors, or members of the public. [FR Doc. 99–2332 Filed 1–29–99; 8:45 am] Response: MTMC realizes that all David E. Cook, BILLING CODE 4000±01±M carriers do not operate their businesses Col, USAF, Director, JTMO. in the same way. However, current and [FR Doc. 99–2325 Filed 1–29–99; 8:45 am] future business practices are centered DEPARTMENT OF EDUCATION BILLING CODE 3710±08±M on the use of computers in one way or another. As the business process National Committee on Foreign Medical Education and Accreditation changes to embrace principles of DEPARTMENT OF EDUCATION electronic commerce (e.g., electronic Date and Time: Thursday, March 4, data interchange and electronic funds Web-Based Education Commission; 1999, 9:30 a.m. until 12:30 p.m. transfer), MTMC is anxious to capitalize Notice of Establishment Place: The Latham Hotel, 3000 M on the economies and efficiencies those Street, NW, Washington, DC 20037, changes represent. MTMC is confident AGENCY: Office of the Secretary, (202) 726–5000. The meeting site is that commercial shippers and Education. accessible to individuals with transportation providers are moving in ACTION: Notice of Establishment of the disabilities. An individual with a the same direction. Web-Based Education Commission. disability who will need an Comment: PC*MILER is unproven in accommodation to participate in the SUMMARY: industry and lacks version control. The Secretary of Education meeting (e.g., interpreting service, Response: Currently, over 9500 announces his intention to establish the assistive listening device, or materials in shippers and carriers in commercial Web-Based Education Commission an alternate format) should notify the transportation are using PC*MILER. The under the authority of the Higher contact person listed in this notice at DTOD project office, in conjunction Education Act of 1998 (Pub. L. 105–244) least two weeks before the scheduled with the software vendor, will maintain and the Federal Advisory Committee meeting date. Although the Department precise versions control of the distance Act (Pub. L. 92–463; 5 U.S.C.A. will attempt to meet a request received software to ensure all parties (finance Appendix 2). after that date, the requested centers, audit agencies, shippers, and PURPOSE: The Secretary has determined accommodations may not be available carriers) have the same version of that the establishment of the Web-Based because of insufficient time to arrange DTOD/PC*MILER at the same time. Education Commission is necessary and them. Comment: DoD’s proposed in the public interest in connection with Status: implementation of DTOD in its freight the performance of duties imposed on Parts of this meeting will be open to program violates the Regulatory the Department by law. This the public. Flexibility Act by failing to include an Commission is required to conduct a Parts of this meeting will be closed to initial regulatory flexibility analysis. thorough study to assess the educational the public. Response: DoD’s decision to adopt software available in retail markets for Matters to be Considered: The and implement a single, integrated secondary and postsecondary students standard of accreditation applied to mileage calculation source is a who choose to use such software. The medical schools by several foreign procurement policy decision that is Commission will hold public hearings countries and the comparability of those directly related to the basis DoD will use throughout the United States to produce standards to the standards of to pay for commercial transportation this study. The Commission will issue accreditation applied to United States services. The decision and steps taken a final report to the President and medical schools. Discussions of the to implement DTOD in DoD’s freight Congress, not later than six months after standards of accreditation will be held program relate to public contracts and the first meeting. This report shall in sessions open to the public. are exempt from the Regulatory contain a detailed statement of the Discussions that focus on specific 4850 Federal Register / Vol. 64, No. 20 / Monday, February 1, 1999 / Notices determination of comparability are date for formal applications from March DATES: Potential applicants should closed to the public in order that each 12, 1999, to 4:30 p.m., E.S.T., March 30, submit a one page preapplication country may be properly notified of the 1999. Also, stated in the original notice, referencing Program Notice 99–14 by decision. applicants were urged to access web site 4:30 P.M. E.S.T., February 23, 1999. A Supplemenatry Information: Pursuant http://www.pnl.gov/VTMX to review response to preapplications discussing to section 481 of the Higher Education abstracts of proposals from DOE the potential program relevance of a Act of 1965, as amended in 1992 (20 laboratory scientists that will be formal application generally will be U.S.C. 1088), the Secretary established tentatively selected for funding. These communicated within 7 days of receipt. within the Department of Education the abstracts were to be posted there by The deadline for receipt of formal National Committee on Foreign Medical February 12, 1999. This date is being applications is 4:30 P.M., E.D.T., April Education and Accreditation. The changed to February 26, 1999. 13, 1999, in order to be accepted for Committee’s responsibilities are to (1) FOR FURTHER INFORMATION CONTACT: merit review and to permit timely evaluate the standards of accreditation Peter Lunn, telephone: (303) 903–4819. consideration for award in FY 1999 and applied to applicant foreign medical FY 2000. schools; and (2) determine the Issued in Washington, DC, on January 22, ADDRESSES: Preapplications referencing 1999. comparability of those standards to Program Notice 99–14, should be sent standards for accreditation applied to John Rodney Clark, by E-mail to United States medical schools. Associate Director of Science for Resource [email protected]. For Further Information Contact: Management. Preapplications will also be accepted if Bonnie LeBold, Executive Director, [FR Doc. 99–2309 Filed 1–29–99; 8:45 am] mailed to the following address: Ms. National Committee on Foreign Medical BILLING CODE 6450±01±P Joanne Corcoran, Office of Biological Education and Accreditation, 7th and D and Environmental Research, SC–72, Streets, SW, Room 3082, ROB #3, U.S. Department of Energy, 19901 Washington, DC 20202–7563. DEPARTMENT OF ENERGY Germantown Road, Germantown, MD Telephone: (202) 260–3636. Beginning 20874–1290. February 22, 1999, you may call to Office of Science Financial Assistance Formal applications, referencing obtain the identity of the countries Program Notice 99±14; Low Dose Program Notice 99–14, should be sent whose standards are to be evaluated Radiation Research Program to: U.S. Department of Energy, Office of during this meeting. AGENCY: U.S. Department of Energy. Science, Grants and Contracts Division, SC–64, 19901 Germantown Road, Greg Woods, ACTION: Notice inviting grant Germantown, MD 20874–1290, ATTN: Chief Operating Officer, Office of Student applications. Financial Assistance Programs. Program Notice 99–14. This address [FR Doc. 99–2235 Filed 1–29–99; 8:45 am] SUMMARY: The Offices of Science (SC) must be used when submitting applications by U.S. Postal Service BILLING CODE 4000±01±M and Environmental Management (EM), U.S. Department of Energy (DOE), Express, commercial mail delivery hereby announce their interest in service, or when hand carried by the DEPARTMENT OF ENERGY receiving applications for research that applicant. supports the Low Dose Radiation FOR FURTHER INFORMATION CONTACT: Dr. Office of Science Financial Assistance Research Program. Research is sought in David Thomassen, telephone: (301) Program Notice 99±03; Environmental the following areas: 903–9817, E-mail: Meteorology ProgramÐVertical (1) Low dose radiation vs. endogenous [email protected], Transport and Mixing oxidative damage—the same or Office of Biological and Environmental different? Research, SC–72, U.S. Department of AGENCY: U.S. Department of Energy Energy, 19901 Germantown Road, (DOE). (2) Understanding biological responses to radiation and oxidative Germantown, MD 20874–1290 or Mr. ACTION: Notice of Extension of damage. Mark Gilbertson, Office of Science and Application Due Date. (3) Thresholds for low dose Risk Policy, Office of Science and Technology, Office of Environmental SUMMARY: The Office of Biological and radiation—fact or fiction? Management, 1000 Independence Environmental Research (OBER) of the (4) Genetic factors that affect Avenue, SW, Washington, D.C. 20585, Office of Science (SC), U.S. Department individual susceptibility to low dose telephone: (202) 586–7150, E-mail: of Energy (DOE), published a Notice in radiation. [email protected]. the Federal Register on December 22, (5) Communication of research 1998, announcing its interest in results. SUPPLEMENTARY INFORMATION: receiving applications for the This Program uses modern molecular Low Dose Radiation Research Program Environmental Meteorology Program tools to develop a better scientific basis (EMP), Vertical Transport and Mixing for understanding exposures and risks Background and Overview (VTMX) Science Team. Since the to humans from low dose radiation that Each and every cell in the human publication of the Notice and due to can be used to achieve acceptable levels body is constantly engaged in a life and unforeseen circumstances, OBER is of human health protection at the lowest death struggle to survive ‘‘in spite of changing the date that formal possible cost. Proposed basic research itself.’’ Normal physiological processes applications are due. should contribute to EM needs by needed for cell survival generate toxic In the Federal Register of December decreasing health risks to the public and oxidative products that are damaging, 22, 1998, in FR Doc. 98–33858, on page workers from low dose radiation, even mutagenic, and potentially 70758 under the DATES heading, formal providing opportunities for major cost carcinogenic. Yet cells and people applications in response to this notice reductions in cleaning up DOE’s survive because of the cell’s remarkable were requested by 4:30 p.m., E.S.T., environmental problems, and reducing capacity to repair the majority, if not all, March 12, 1999. With this Notice of the time required to achieve EM’s of this oxidative damage. We don’t Extension, OBER is changing the due mission goals. know, however, the relationship Federal Register / Vol. 64, No. 20 / Monday, February 1, 1999 / Notices 4851 between this normal oxidative damage radiation from fission products. The similarities and differences between and the high frequency of cancers that DOE Low Dose Radiation Research endogenous oxidative damage, damage exist in all human populations. Is Program will thus concentrate on induced by low levels of ionizing cancer a price we pay for the very studies of low-LET exposures delivered radiation, and the health risks from biological processes that keep us alive? at low total doses and dose-rates. both. We are also constantly exposed to low The overriding goal of this program is Research is needed to understand and levels of natural background radiation to ensure that human health is quantify real, not calculated, differences from cosmic radiation and from adequately and appropriately protected. or similarities in DNA damage induced naturally occurring radioactive It currently costs billions of dollars to by normal oxidative processes versus materials in soils, water, and even living protect workers and the public from low doses or low dose rates of ionizing things. Research has taught us that exposure to man-made radiation, often radiation. This information is the while even low levels of radiation at exposure levels lower than the foundation for the entire low dose induce biological damage, the damage is natural background levels of radiation. radiation research program. Although very similar to the oxidative damage If it could be demonstrated that there is always needed, it was not previously induced by normal cellular processes. no increased risk associated with these attainable because critical resources and Thus a critical, yet unanswered, exposures, these resources could be technologies were not available. Today, question in radiobiology is whether the directed toward more critical health technologies and resources such as biological damage induced by low doses related issues. those developed as part of the human and low dose rates of radiation is The research program will build on genome program, e.g., coupled capillary repaired by the same cellular processes advances in modern molecular biology electrophoresis and mass spectrometry and with the same efficiency as normal and instrumentation, not available systems and DNA sequence information, oxidative damage that is a way of life for during the previous 50 years of have the potential to detect and every living cell. radiation biology research, to address characterize small differences in damage The Low Dose Radiation Research the effects of very low levels of exposure induced by normal oxidative processes Program will conduct research to to ionizing radiation. It will concentrate and low doses of radiation. determine if low dose and low dose-rate on understanding the relationships that A significant investment in radiation present a health risk to people exist between normal endogenous technology development will be that is the same as or greater than the processes that deal with oxidative required to expand current capabilities health risk resulting from the oxidative damage and processes responsible for for identifying and quantifying small by-products of normal physiological the detection and repair of low levels of amounts of oxidative or radiation. processes. This information is a key radiation-induced damage. Radically new technologies are likely determinant in decisions that are made Research will focus on understanding not needed but current technologies will to protect people from adverse health the normal cellular processes need to be modified. Methodologies risks from exposure to radiation. responsible for recognizing and having high sensitivity as well as high Extensive research on the health repairing normal oxidative damage and signal-to-noise ratio will be critical in effects of radiation using standard radiation-induced damage. If the this effort. epidemiological and toxicological damage and repair induced by low dose A significant research effort will also approaches has been used for decades to radiation is the same as for normal be required to characterize and quantify characterize responses of populations oxidative damage, it is possible that normal oxidative damage in cells and and individuals to high radiation doses, there are thresholds of damage that the the incremental increases induced by and to set exposure standards to protect body can handle. In contrast, if the low doses of ionizing radiation. both the public and the workforce. damage from ionizing radiation is Partnerships are encouraged between These standards were set by different from normal oxidative damage, laboratories involved in characterization extrapolating from the biological effects then its repair, and the hazard and quantification of radiation and observed in high-dose radiation studies associated with it, may be unique. oxidative damage and groups with to predicted, but unmeasurable effects, Research conducted in this program expertise in or developing new at low radiation doses, using modeling will help determine health risks from technology to facilitate progress in both approaches. This approach was chosen exposures to low levels of radiation, areas simultaneously. because of our inability to detect information that is critical to adequately A critical goal of the research changes in cancer incidence following and appropriately protect people and to component of this program is to low doses of radiation. Thus, the make the most effective use of our quantify levels of damage induced by historic approach has been the Linear- national resources. normal oxidative processes and the no-Threshold model that assumes each incremental increases due to low dose unit of radiation, no matter how small, Research Needs radiation. Qualitative descriptions of can cause cancer. As a result, radiation- To understand the relationship differences and/or similarities between induced cancers are predicted from low between normal oxidative damage and the types of damage induced under both doses of radiation for which it has not radiation-induced damage, studies will conditions are useful in the design and been possible to directly demonstrate be conducted at very low, doses and interpretation of experiments in other cancer induction. dose-rates and the perturbation of the parts of the Low Dose Radiation Most of the projected radiation normal physiological processes will be Research Program. To be most useful in exposures associated with human characterized at all levels of biological risk models and for regulators these activity over the next 100 years will be organization—from genes to cells to differences or similarities must be to low dose and low dose-rate radiation tissues to organisms. Research needs are quantified. from medical tests, waste clean-up, and identified in interrelated five areas: 2. Understanding biological responses environmental isolation of materials 1. Low dose radiation vs. endogenous to radiation and endogenous damage. associated with nuclear weapons and oxidative damage—the same or Molecular, cellular, and tissue nuclear power production. The major different? responses modify the processing of type of radiation exposures will be low A key element of this research radiation induced damage and/or Linear Energy Transfer (LET) ionizing program will be to understand the determine whether or not damaged cells 4852 Federal Register / Vol. 64, No. 20 / Monday, February 1, 1999 / Notices are eliminated, inhibited, or expressed. low doses of ionizing radiation, how doses of ionizing radiation? If low doses These responses impact cancer risks these relate to other oxidative stresses, of radiation regularly and predictably from radiation. and importantly, how the induced genes induce a protective response in cells to Research is needed to understand and and proteins affect endpoints relevant to subsequent low doses of radiation this quantify real, not extrapolated or radiation-induced cancer. It must also could have a substantial impact on assumed, differences or similarities in be determined if the ability and efficacy estimates of adverse health risk from biological changes and responses of cells to recognize and repair radiation low dose radiation. The generality and observed following exposures to low damage is affected by the radiation dose. the extent of this apparent adaptive doses or low dose rates of ionizing Do cells repair DNA damage induced response in cells irradiated with small radiation. This research covers the by low doses of ionizing radiation the doses of ionizing radiation needs to be breadth of radiation and cancer biology same way that they do damage induced quantified. from the initial recognition and by high doses of radiation? The repair Are the potentially damaging effects processing of radiation damage by a cell or misrepair of radiation-induced DNA of low dose radiation amplified by to the potential development of cancer. damage is of fundamental importance to interactions between cells? It is Not all research, no matter how all aspects of a cell and/or an organism’s important for this program to determine important to our understanding of the responses to radiation exposure. The if these so-called by-stander effects can mechanisms of cellular responses to low fidelity of the repair and damage be induced by exposure to low LET dose radiation or of cancer processing systems will significantly radiation delivered at low total doses or development, will necessarily be useful affect the dose response curve for cancer dose-rates. If such an effect is for estimating health risks from low induction, particularly at low doses. demonstrated and quantifiable, it could, dose radiation or in choosing low dose Ineffective repair or misrepair of potentially, increase estimates of risk radiation risk models. However, radiation damage and subsequent from low dose radiation. This by- understanding and quantifying key processing of this unrepaired or stander effect, in essence, ‘‘amplifies’’ aspects of the biological changes and misrepaired damage can significantly the biological effects of a low dose responses induced by low dose impact genomic integrity resulting in exposure by effectively increasing the radiation is likely to have dramatic radiation-induced mutations, number of cells that experience adverse impacts on our ability to efficiently and chromosomal aberrations, chromosomal effects to a number greater than the effectively protect people from stability, and cancer. Quite simply, if number of cells directly exposed to unnecessary and avoidable health risks. radiation-induced damage is faithfully radiation. Research will benefit from the rapidly repaired and processed, a threshold is Is genetic instability, a key step in the increasing availability of DNA sequence expected. On the other hand, if repair development of cancer, induced or data from humans and other model and subsequent processing can lead to initiated by low doses of radiation? organisms including mouse, yeast, fruit errors at low doses but not at high Current evidence suggests that DNA fly, etc. Recently developed doses, an expectation of a threshold is repair and processing of radiation technologies for characterizing and not warranted. damage can lead to instability in the quantifying gene expression should be Additional understanding of the progeny of irradiated cells and that exploited. In some cases, further molecular mechanisms involved and in susceptibility to instability is under improvements in these technologies will the closely linked damage signaling genetic control. However, there is be needed, such as increases in the pathways will provide information virtually no information on the sensitivity for detecting and quantifying relevant to the faithful repair of specific underlying mechanisms and how the gene expression. Cytogenetic techniques lesions, the molecular responses of cells processing of damage leads to instability that couple traditional cytogenetic to specific lesions and the consequences in the progeny of irradiated cells several approaches with advances in molecular of cellular processing of radiation- generations later. Further, while there biology and automation will likely be induced damage compared to that of has been considerable speculation about useful in efforts to determine how endogenous damage. Many of these the role of such instability in radiation- accurately low dose radiation damage is consequences can be assessed using induced cancer, its role in this process repaired. Advances in the use and rapidly developing molecular remains to be determined. development of model organisms and of cytogenetic technology such as Is the development of cancer induced advanced systems for studying combinatorial fluorescence in situ by low (versus high) doses of radiation ‘‘normal’’ cells in culture should also be hybridization (FISH). Because affected by the unirradiated normal exploited to study the more complex cytogenetic effects represent the tissues that surround the potential interactions of cells and tissues in synthesis of damage induction, repair cancer cells? The ability of an irradiated determining the biological effects of low and processing, these new technologies cell to escape normal tissue regulatory dose radiation. provide the opportunity to directly test processes or of a tissue to inhibit the Research is needed that addresses the certain key predictions of models of further progression of precancerous following six key questions: radiation effects at low doses. cells may be differentially affected by Do cells recognize and respond to low Substantially more information is also high versus low doses of radiation. doses of ionizing radiation the same need on (1) the underlying repair Exposure- and dose-response studies way that they do to high doses of processes; (2) the role of DNA sequence should be conducted to determine if the radiation? Much of the damage induced and chromatin structure in determining basic mechanisms of radiation action by radiation and normal oxidative radiation response and target size for change as a function of total radiation processes is the same. Research should biological endpoints relevant to cancer; dose and dose rate. High doses of concentrate on damage that is unique to and (3) how and if the processing of ionizing radiation induce matrix and low doses of radiation and on damage induced by low doses of tissue disorganization, cell killing, differences or similarities between radiation leads to mutations, changes in cell proliferation kinetics, biological responses following high chromosomal aberrations, and genomic induction of a multitude of genes and versus low doses of radiation. It must be instability. growth factors, and extensive determined which genes and proteins How much do low doses of radiation chromosome and genetic damage. It is are specifically induced in response to ‘‘protect’’ cells against subsequent low important to determine if low doses of Federal Register / Vol. 64, No. 20 / Monday, February 1, 1999 / Notices 4853 ionizing radiation can induce these these polymorphisms with respect to which polymorphisms are most likely to biological changes. It will also be cancer and radiation sensitivity. influence gene function. Population important to determine if cancer can be Research in these three areas will genetics and computational biology induced by doses that are too low to strongly complement ongoing initiatives approaches will be required to estimate produce such changes. at the National Institutes of Health the potential impact on estimates of 3. Thresholds for low dose radiation— (NIH). DOE staff will work with staff at population and individual risk. Genetic fact or fiction? the NIH to ensure that research in the epidemiology approaches will also be We don’t know if there are radiation Low Dose Radiation Research Program needed to relate specific polymorphisms doses or energies below which there is is complementary to and not duplicative and combinations of polymorphisms no significant biological change or of research funded by NIH programs. with cancer risk. Inbred mouse strains below which the damage induced can The National Human Genome and other model organisms with well- be effectively dealt with by normal Research Institute (NHGRI) is funding characterized differences in cellular processes. If there are, then research to identify common variants in susceptibility to radiation-induced there should be no regulatory concern the coding regions of the majority of cancer are also important tools for for exposures below these thresholds human genes identified during the next identifying significant polymorphisms. since there will be no increase in risk. five years with the goal of developing a Direct assessment of the biological The principal focus of research in this catalog of all common variants in all. significance of candidate ‘‘susceptibility component of the Low Dose Radiation The NHGRI is also working to create a genes’’ can also be undertaken using Research Plan is to develop methods to map of at least 100,000 single animal models such as knock-out and synthesize or model new molecular nucleotide polymorphisms, the most knock-in mice, mice with specific genes level information on low dose radiation common polymorphisms in the human removed or added. induced damage and biological genome representing single base-pair 5. Communication of research results. responses to that damage into a low differences between two copies of the This research program will only be a dose radiation risk model. The goal of same gene. These so-called SNPs will be success if the science it generates is this research program is to develop a boon for mapping complex such as useful to policy makers, standard scientifically defensible tools and cancer, cancer susceptibility, and setters, and the public. Research results approaches for determining risk that are susceptibility to low dose radiation. must be effectively communicated so widely used, accepted, and understood. The National Institute of that current thinking reflects sound Research should include, but not be Environmental Health Science (NIEHS) science. limited to development of is funding research as part of its The Low Dose Radiation Research computational techniques, e.g., Environmental Genome Project to Program should have two main research algorithms and advanced mathematical understand the impact and interaction goals for communicating the Program’s approaches, for use in determining risk, of environmental exposures on human research results: (1) develop a public that model new information from disease. The NIEHS project includes communication program based on cellular and molecular studies together efforts to understand genetic principles of risk communication and with available data from epidemiologic susceptibility to environmental agents (2) develop a public education program and animal studies. that will allow more precise based on principles of risk A secondary, but essential component identification of the environmental communication science. of this component of the Low Dose agents that cause disease and the true Communication with the public about Radiation Research Plan, will be the risks of exposures. The principal focus low dose management, requires a well- design and conduct of additional of NIEHS research will be on chemicals developed plan based on strong basic biological experiments to address so the focus on radiation in the Low social science research. The goal of specific questions or predictions made Dose Radiation Research Program is communication research in this program by these new computational highly complementary. Initially, the should be to understand the likely approaches. These biological Environmental Genome Project will public responses to scientific findings experiments, though likely focus on categories of genes including: from the Low Dose Radiation Research complementary to research described xenobiotic metabolism and Program and responses to the plans that above, will be designed and conducted detoxification genes; hormone metabolic might result to modify existing in collaboration with modelers. genes; receptor genes; DNA repair genes; standards based on these scientific 4. Genetic factors that affect cell cycle genes; cell death control findings. The following topics should be individual susceptibility to low dose genes; genes mediating immune and included in determining public radiation. inflammatory responses; genes responses to issues regarding low dose Do genetic differences exist making mediating nutritional factors; genes radiation exposures: (i) public some individuals more sensitive to involved in oxidative processes and, perceptions of risk from exposure to radiation-induced damage? Such genetic genes for signal transduction systems. radiation; (ii) the perceived importance differences could result in sensitive Identification of potential of the activities and conditions that individuals or sub-populations that are susceptibility genes and polymorphisms produce low dose radiation; (iii) trust at increased risk for radiation-induced in those genes is only the first (and and confidence in risk managers, cancer. perhaps the easiest) step in the program regulators, and decision makers; (iv) the The Low Dose Radiation Research to characterize and understand genetic role of the media in characterizing Program should have three main goals susceptibility. Determining the different positions on risk controversies; in terms of genetic susceptibility to low biological significance of these genetic (v) the role of advocacy groups; (vi) the dose radiation: (1) Identify genes polymorphisms with respect to cancer manner by which risk is characterized involved in the recognition, repair, and and radiation sensitivity is the ultimate and assessed; and (vii) procedures by processing of damage induced by goal and the more difficult task. The which decisions are made. ionizing radiation, (2) determine the international human genome project, To present developments from this frequencies of polymorphisms in these structural biology research, and the program in a form that is useful and genes in the population, and (3) NHGRI and NIEHS efforts described easily understood by the public, the determine the biological significance of above play important roles determining education program would develop web 4854 Federal Register / Vol. 64, No. 20 / Monday, February 1, 1999 / Notices pages, written resources for public Preapplication instructions in the Application Guide schools, and coordinate multimedia A preapplication should be for the Office of Science Financial coverage of research results and public submitted. The Preapplication should Assistance Program. Applications must meetings. Public meetings would contain a title, list of investigators, be written in English, with all budgets provide opportunities for the public to in U.S. dollars. address, telephone, fax and E-mail • meet with scientists and regulators address of the Principal Investigator, Face Page (DOE F 4650.2 (10–91)). • Project Abstract (no more than one involved in policy making, facilitating and no more than a one page summary page). public input into the decision making of the proposed research, including • Relevance to EM needs (Applicants process. project objectives and methods of should use no more than one page to accomplishment. Preapplications will Radiation Doses of Interest describe how the proposed basic be reviewed by program managers from research contributes to EM needs by The focus of research in the Low Dose SC and EM relative to the scope and decreasing health risks to the public and Radiation Research Program should be research needs of the DOE Low Dose workers from low dose radiation, on doses of low linear energy transfer Radiation Research Program and the providing opportunities for major cost (LET) radiation that are at or below Environmental Management Science reductions in cleaning up DOE’s current workplace exposure limits. In Program (EMSP). Responses to the environmental problems, or reducing general, research in this program should preapplications, encouraging or the time required to achieve EM’s focus on total radiation doses that are discouraging formal applications, will mission goals.). less than or equal to 10 rads. Some generally be communicated within 7 • Budgets for each year and a experiments will likely involve selected days of receipt. Notification of a summary budget page for the entire exposures to higher doses of radiation successful preapplication is not an project period (using DOE F 4620.1). for comparisons with previous indication that an award will be made • Budget Explanation. experiments or for determining the in response to the formal application. • Budgets and Budget explanation for validity of extrapolation methods Applications each collaborative subproject, if any. previously used to estimate the effects • Project Description (The Project (Please Note Critical Information Below of low doses of radiation from Description must be 25 pages or less, on Page Limits) observations made at high doses. exclusive of attachments. Applications Information about the development with Project Descriptions longer than 25 Supplementary Materials and submission of applications, pages will be returned to applicants and eligibility, limitations, evaluation, A draft of the DOE Low Dose will not be reviewed.). Radiation Research Program Plan is selection process, and other policies and • Goals. available on the World Wide Web at procedures may be found in the • Significance of Project to EM needs. http://www.er.doe.gov/production/ Application Guide for the Office of • Background. ober/berac/draftld.pdf. This research Science Financial Assistance Program • Research Plan. plan outlines a ten-year research and 10 CFR part 605. Electronic access • Preliminary Studies (if applicable). strategy to help determine the risks to to the Guide and required forms is made • Research Design and human health from exposure to low available via the World Wide Web at: Methodologies. doses of ionizing radiation. http://www.er.doe.gov/production/ • Literature Cited. grants/grants.html. • Collaborative Arrangements (if Success of the Low Dose Radiation The Project Description must be 25 applicable). Research Program depends on pages or less, exclusive of attachments. • Biographical Sketches (limit 2 pages maintaining a diverse and balanced set Applications with Project Descriptions per senior investigator). of research projects that span the longer than 25 pages will be returned to • Description of Facilities and research needs outlined above. A list applicants and will not be reviewed. Resources. and a brief description of projects The application must contain an • Current and Pending Support for currently funded as part of the Low abstract or project summary, letters of each senior investigator. Dose Radiation Research Program is intent from collaborators, and short The Office of Science, as part of its available at http://www.er.doe.gov/ curriculum vitaes consistent with NIH grant regulations, requires at 10 CFR production/ober/ldprojlist.html on the guidelines. 605.11(b) that a recipient receiving a World Wide Web. These projects were Adherence to type size and line grant to perform research involving funded as part of solicitation number spacing requirements is necessary for recombinant DNA molecules and/or 98–11 that can be found on the World several reasons. No applicants should organisms and viruses containing Wide Web at http://www.er.doe.gov/ have the advantage, or by using small l recombinant DNA molecules shall production/grants/fr98 11.html. type, of providing more text in their comply with the National Institutes of Program Funding applications. Small type may also make Health ‘‘Guidelines for Research it difficult for reviewers to read the Involving Recombinant DNA It is anticipated that up to $4.0 application. Applications must have 1- Molecules’’, which is available via the million will be available for new grant inch margins at the top, bottom, and on world wide web at: http:// awards during FY 1999, contingent each side. Type sizes must be 10 point www.niehs.nih.gov/odhsb/biosafe/nih/ upon the availability of funds. Multiple or larger. Line spacing is at the rdna-apr98.pdf, (59 FR 34496, July 5, year funding of grant awards is discretion of the applicant but there 1994), or such later revision of those expected, and is also contingent upon must be no more than 6 lines per guidelines as may be published in the the availability of appropriated funds, vertical inch of text. Pages should be Federal Register. progress of the research, and continuing standard 81⁄2′′ x 11′′ (or metric A4, i.e., program need. It is expected that most 210 mm x 297 mm). Collaboration awards will be from 1 to 3 years and Applicants are expected to use the Applicants are encouraged to will range from $200,000 to $400,000 following ordered format to prepare collaborate with researchers in other per year (total costs). Applications in addition to following institutions, such as universities, Federal Register / Vol. 64, No. 20 / Monday, February 1, 1999 / Notices 4855 industry, non-profit organizations, supporting development of technologies and • Health sciences. federal laboratories and Federally expertise . . . could lead to both reduced • Materials science (including Funded Research and Development cleanup costs and smaller environmental condensed matter physics, metallurgy, impacts at existing sites and to the Centers (FFRDCs), including the DOE development of a scientific foundation for ceramics, waste minimization, welding National Laboratories, where advances in environmental technologies. and joining, degradation mechanisms, appropriate, and to incorporate cost and remote sensing and monitoring). The Environmental Management sharing and/or consortia wherever • Physics (including atomic, Advisory Board Science Committee feasible. molecular, optical, and fluid physics). (Resolution on the EMSP, May 2, 1997) • Plant science (including Merit and Relevance Review made the following observations: mechanisms of mineral uptake, Applications will be subjected to EMSP results are likely to be of significant intercellular transport, and scientific merit review (peer review) and value to EM . . . Early program benefits, concentration and sequestration). will be evaluated against the following include: improved understanding of EM evaluation criteria listed in descending science needs, linkage with technology Major Environmental Management needs, and expansion of the cadre of Challenges. order of importance as codified at 10 scientific personnel working on EM problems CFR 605.10(d): .. . Science program has the potential to This research notice is part of a long- 1. Scientific and/or Technical Merit of lead to significant improvement in future risk term program within Environmental the Project. reduction and cost and time savings. Management to provide continuity in 2. Appropriateness of the Proposed The objectives of the EMSP are to: scientific knowledge that will more Method or Approach. • Provide scientific knowledge that effectively protect workers and the 3. Competency of Applicant’s will revolutionize technologies and public and revolutionize approaches for Personnel and Adequacy of Proposed clean-up approaches to significantly solving DOE’s most complex Resources. reduce future costs, schedules, and environmental problems. The following 4. Reasonableness and risks; is an overview of the major technical Appropriateness of the Proposed • ‘‘Bridge the gap’’ between broad challenges facing the Environmental Budget. fundamental research that has wide- Management Program. More detailed The evaluation will include program ranging applicability such as that descriptions of the specific technical policy factors such as the relevance of performed in DOE’s Office of Science work performed at DOE sites can be the proposed research to the terms of and needs-driven applied technology found in the background section of this the announcement and the Department’s development that is conducted in EM’s Notice. programmatic needs. External peer Office of Science and Technology; and The Department is the guardian of • reviewers are selected with regard to Focus the Nation’s science over 300 large storage tanks containing both their scientific expertise and the infrastructure on critical DOE over 100 million gallons of highly absence of conflict-of-interest issues. environmental management problems. radioactive wastes, that include organic Non-federal reviewers may be used, and Representative Research Areas and inorganic chemical compounds, in submission of an application constitutes solid, colloidal, slurry, and liquid agreement that this is acceptable to the The EMSP solicits basic research in phases. The environment within the all areas of science that have the investigator(s) and the submitting tanks is highly radioactive and potential for addressing one or more of institution. chemically harsh. A few of the tanks the areas of concern to the Department’s Subsequent to the formal scientific have leaked to the environment while Environmental Management Program. merit review, applications that are others are corroding. The contents of Overall, the scientific disciplines judged to be scientifically meritorious these tanks need to be characterized, relevant to the EMSP include, but are will be evaluated by DOE for relevance removed from the tanks, treated, and to the objectives of the EMSP which not limited to: • Biology (including cellular and converted to safe forms for disposal. include protecting the health of the The Department is the custodian of populations that live near or work at molecular biology, ecology, bioremediation, genetics, biochemistry, several thousand metric tons of spent DOE sites. Additional information on nuclear reactor fuels, resulting primarily the EMSP can be obtained at http:// and structural biology). • Chemistry (including analytical from weapons fabrication activities www.em.doe.gov/science; on the World during the Cold War, but also including Wide Web. chemistry, catalysis, heavy element chemistry, inorganic chemistry, organic fuel from research and naval reactors. Environmental Management Science chemistry, physical chemistry, and The long-term containment performance Program Overview separations chemistry). of the fuel under storage and disposal • conditions is uncertain. Such Purpose Computational sciences (including research and development of uncertainties affect the ability to license The need to build a stronger scientific mathematical/numerical, informatics, disposal methods. basis for the Environmental and communication procedures and The Office of Environmental Management effort has been established software technology, e.g., for Management is the custodian of large in a number of recent studies and deterministic simulations and quantities of fissile materials which reports. The Galvin Commission report optimization). were left in the manufacturing and (‘‘Alternative Futures for the • Engineering sciences (including processing facilities after the United Department of Energy National control systems and optimization, States halted its nuclear weapons Laboratories,’’ February 1995) also diagnostics, transport processes, production activities. These materials provided the following observations and thermophysical properties and include plutonium solutions, plutonium recommendations: bioengineering). metals and oxides, plutonium residues • There is a particular need for long term, Geosciences (including geophysical and compounds, highly enriched basic research in disciplines related to imaging, physicochemical dynamics uranium, and nuclides of other environmental cleanup . . . Adopting a and chemical transport in fluid-rock actinides. Additional scientific science-based approach that includes systems, and hydrogeology). information is required to choose 4856 Federal Register / Vol. 64, No. 20 / Monday, February 1, 1999 / Notices processes for converting these materials The Office of Environmental DOE 1997. U.S. Department of Energy to stable forms. Management is responsible for waste Strategic Plan The Department currently has on its management and cleanup of DOE sites. http://www.doe.gov/policy/ sites over one hundred sixty thousand The EM operations have been doeplan.html cubic meters of waste containing both historically compliance-based and DOE 1998. Office of Science and Risk radioactive and hazardous materials. driven to meet established goals in the Policy EM–52 and EMSP. This mixed waste contains a wide shortest time possible using either http://www.em.doe.gov/science/ variety of materials, as varied as existing technologies or those that could DOE 1998. Office of Science and protective clothing, machining products be developed and demonstrated within Technology EM–50. and wastes, packaging materials, and a few years. Environmental Management http://em-50.em.doe.gov/ DOE 1998. Office of Science and Risk process liquids. Fundamental scientific is also responsible for conducting the data are needed to improve processes Policy, Risk Policy Program. program for waste minimization and http://www.em.doe.gov/irm/ associated with treatment systems, such pollution prevention for the as characterization, pre-treatment, and index.html Department. DOE 1998. Office of Environment, monitoring. The variety and volume of the The Department is committed to the Safety, and Health. Department’s current activities make http://www.eh.doe.gov/ safe disposal of all radioactive wastes, this effort a challenge itself. In some DOE 1995. Closing the Circle on the including high-level wastes, mixed cases, fundamental science questions Splitting of the Atom: The wastes, and fissile materials. Safe will have to be addressed before a Environmental Legacy of Nuclear disposal of these materials requires that technology or process can be Weapons Production in the United the wide range of potential waste engineered. There is a need to involve States and What the Department of streams be converted into insoluble more basic science researchers in the Energy is Doing About It. The U.S. materials for long term storage. Some challenges of the Department’s Department of Energy, Office of radioactive material-containing forms remediation effort. The Office of Science Environmental Management, Office have been successfully developed and addresses fundamental, frequently long- of Strategic Planning and Analysis, are being produced; however, at present, term, research issues related to the research challenges still exist in Washington, DC many missions of the Department. The http://www.em.doe.gov/circle/ developing suitable forms for each EMSP uses SC’s experience in managing index.html material to be stored. fundamental research to address the National Research Council 1997. The Department is currently needs of technology breakthroughs in Building an EMSP: Final conducting cleanup activities at many of EM’s programs. Assessment. National Academy its sites, and is preparing plans for Details of the programs of the Office Press, Washington, DC. additional remediation work. There is of Environmental Management and the http://www.nap.edu/readingroom/ much scientific uncertainty about the technologies currently under books/envmanage/ levels of risk to human health at the end development or in use by National Research Council 1995. stages of the DOE clean-up effort. This Environmental Management Program Improving the Environment: An notice for new research in FY 1999 is can be found on the World Wide Web Evaluation of DOE’s Environmental intended to address these uncertainties. at http://www.em.doe.gov; and at the Management Program. National Background extensive links contained therein. These Academy Press, Washington, DC http://www.nap.edu/readingroom/ The United States involvement in programs and technologies should be used to obtain a better understanding of books/doeemp/ nuclear weapons development for the Secretary of Energy Advisory Board. last 50 years has resulted in the the missions and challenges in environmental management in DOE Alternative Futures for the development of a vast research, Department of Energy National production, and testing network known when considering areas of research to be proposed. Laboratories. February 1995. Task as the nuclear weapons complex. The Force on alternative Futures for the Department has begun the References for Background Information Department of Energy National environmental remediation of the Note: World Wide Web locations of these Laboratories, Washington, DC complex encompassing radiological and documents are provided where possible. For http://www.doe.gov/html/doe/ nonradiological hazards, vast volumes those without access to the World Wide Web, whatsnew/galvin/tf-rpt.html of contaminated water and soil, and hard copies of these references may be U.S. Congress, Office of Technology over 7,000 contaminated structures. The obtained by writing Mr. Mark A. Gilbertson Assessment. Complex Cleanup: The Department must characterize, treat, and at the address listed in the FOR FURTHER Environmental Legacy of Nuclear dispose of hazardous and radioactive INFORMATION CONTACT section. Weapons Production, February wastes that have been accumulating for DOE 1998. Accelerating Cleanup: Paths 1991. U.S. Government Printing more than 50 years at 120 sites in 36 to Closure Office, Washington, DC NTIS Order states and territories. http://www.em.doe.gov number: PB91143743. To order, call By 1995, the Department had spent DOE 1998. Report to Congress on the the NTIS sales desk at (703) 487– about $23 billion in identifying and U.S. Department of Energy’s EMSP: 4650. characterizing its waste, managing it, Research Funded and Its Linkages http://www.wws.princeton.edu:80/ and assessing the remediation necessary to Environmental Cleanup ∼ota/disk1/1991/9113ln.html for its sites and facilities. Over the next Problems. National Science and Technology ten years at current budget projections, http://www.doe.gov/em52 Council 1996. Assessing another $60 billion will be spent. The DOE 1998. EMSP Workshop. Fundamental Science, Council on DOE cleanup of the Cold War legacy is http://www.doe.gov/em52 Fundamental Science. the largest cleanup program in the DOE 1997. Research Needs Collected for http://www.nsf.gov/sbe/srs/ostp/ Federal Government, even larger than the EM Science Program—June assess/ that of the Department of Defense 1997. The Catalog of Federal Domestic legacy. http://www.doe.gov/em52/needs.html Assistance Number for this program is Federal Register / Vol. 64, No. 20 / Monday, February 1, 1999 / Notices 4857

81.049, and the solicitation control No. CP99–167–000 pursuant to Section application for authorization pursuant number is ERFAP 10 CRF part 605. 157.205 of the Commission’s to section 7 of the NGA. Issued in Washington, DC January 22, Regulations under the Natural Gas Act Linwood A. Watson, Jr., 1999. (NGA) for authorization to operate an Acting Secretary. John Rodney Clark, existing delivery point in East Baton [FR Doc. 99–2288 Filed 1–29–99; 8:45 am] Associate Director of Science for Resource Rouge Parish, Louisiana, originally BILLING CODE 6717±01±M Management. installed under Section 311 of the [FR Doc. 99–2310 Filed 1–29–99; 8:45 am] Natural Gas Policy Act of 1978, as a BILLING CODE 6450±01±P jurisdictional facility under Florida Gas’ DEPARTMENT OF ENERGY blanket certificate issued in Docket No. CP82–553–000 pursuant to Section 7 of Federal Energy Regulatory Commission DEPARTMENT OF ENERGY the NGA, all as more fully set forth in the request which is open to the public Federal Energy Regulatory for inspection. [Docket No. DG99±37±000] Commission Florida Gas proposes to operate the FPL Energy Wyman LLC; Notice of [Docket No. ER99±1079±000] existing delivery point located near mile Supplement to Application for post 552.2 on its 24-inch mainline in California Power Exchange Commission Determination of Exempt Corporation; Notice of Filing East Baton Rouge Parish as a delivery Wholesale Generator Status point for natural gas transportation January 25, 1999. services under Subpart G of Part 284 of January 26, 1999. Take notice that on January 13, 1999, the Commission’s Regulations. Florida Take notice that on January 26, 1999, California Power Exchange Corporation Gas states that it placed the delivery FPL Energy Wyman LLC, 700 Universe (PX), tendered for filing Amendment point in service for transportation Blvd., Juno Beach, Florida 33408, filed No. 7, to the PX FERC Electric Service services under Subpart B of Part 284 of with the Federal Energy Regulatory Commission a supplement to an Tariff in the above-referenced Docket. the Regulations on January 1, 1999, to Application for Determination of Any person desiring to be heard or to serve Exxon Corporation (Exxon), on Exempt Wholesale Generator Status protest said filing should file a motion behalf of Mid-Louisiana Gas to intervene or protest with the Federal pursuant to Part 365 of the Transmission Company, an intrastate Commission’s regulations. Energy Regulatory Commission, 888 pipeline. Florida Gas further states that First Street, NE, Washington, DC 20426, FPL Energy Wyman LLC, a Delaware it would deliver up to 67,000 MMBtu limited liability company, proposes to in accordance with Rules 211 and 214 equivalent of natural gas per day and up of the Commission’s Rules of Practice own and operate the W.F. Wyman to 24,455,000 MMBtu equivalent of Station, Units 1, 2 and 3, located in and Procedure (18 CFR 385.211 and 18 natural gas yearly on an interruptible CFR 385.214). All such motions and Yarmouth, Maine. The units are being basis to satisfy Exxon’s primarily protests should be filed on or before purchased from Central Maine Power industrial fuel requirements. Florida February 4, 1999. Protests will be Company. FPL Energy Wyman LLC filed Gas states that the delivery point considered by the Commission to its application for EWG status on determine the appropriate action to be consists of approximately 75 feet of 8- December 11, 1998. It is supplementing taken, but will not serve to make inch diameter connecting pipe and that application for the limited purpose protestants parties to the proceedings. other minor appurtenant facilities. of providing additional discussion Any person wishing to become a party Florida Gas states that it has sufficient regarding incidental activities that are in must file a motion to intervene. Copies capacity to accomplish the deliveries of proximity to the plant site. of this filing are on file with the the requested gas volumes without Any person desiring to be heard Commission and are available for public detriment or disadvantage to Florida concerning the supplemented Application for Exempt Wholesale inspection. Gas’ other existing customers and that Generator Status should file a motion to David P. Boergers, Florida Gas’ FERC Gas Tariff does not intervene or comments with the Federal Secretary. prohibit the addition of new delivery Energy Regulatory Commission, 888 [FR Doc. 99–2283 Filed 1–29–99; 8:45 am] points. First Street, NE, Washington DC 20426, BILLING CODE 6717±01±M Any person or the Commission’s staff in accordance with Rules 211 and 214 may, within 45 days after the of the Commission’s Rules of Practice Commission has issued this notice, file and Procedure (18 CFR 385.211 and DEPARTMENT OF ENERGY pursuant to Rule 214 of the 385.214). The Commission will limit its Federal Energy Regulatory Commission’s Procedural Rules (18 CFR consideration of comments to those that Commission 385.214) a motion to intervene or notice concern the adequacy or accuracy of the of intervention and pursuant to section supplemented application. All such [Docket No. CP99±167±000] 157.205 of the Regulations under the motions and comments should be filed on or before Febraury 3, 1999, and must Florida Gas Transmission Company; NGA (18 CFR 157.205) a protest to the request. If no protest is filed within the be served on the applicant. Any person Notice of Request Under Blanket wishing to become a party must file a Authorization allowed time, the proposed activity shall be deemed to be authorized motion to intervene. Copies of this filing January 26, 1999. effective the day after the time allowed are on file with the Commission and are Take notice that on January 20, 1999, for filing a protest. If a protest is filed available for public inspection. Florida Gas Transmission Company and not withdrawn within 30 days after Linwood A. Watson, Jr., (Florida Gas), P.O. Box 1188, Houston, the time allowed for filing a protest, the Acting Secretary. Texas 77252–1188, filed a prior notice instant request shall be treated as an [FR Doc. 99–2282 Filed 1–29–99; 8:45 am] request with the Commission in Docket BILLING CODE 6717±01±M 4858 Federal Register / Vol. 64, No. 20 / Monday, February 1, 1999 / Notices

DEPARTMENT OF ENERGY exempt wholesale generator status 20426, in accordance with Section should file a motion to intervene or 385.211 of the Commission’s Rules and Federal Energy Regulatory comments with the Federal Energy Regulations. All such protests must be Commission Regulatory Commission, 888 First filed as provided in Section 154.210 of Street, NE, Washington, DC 20426, in [Docket No. RP99±75±002] the Commission’s Regulations. Protests accordance with Rules 211 and 214 of will be considered by the Commission MIGC, Inc.; Notice of Tariff Filing the Commission’s Rules of Practice and in determining the appropriate action to Procedure (18 CFR 385.211 and be taken, but will not serve to make January 26, 1999. 385.214). The Commission will limit its protestants parties to the proceedings. consideration of comments to those that Take notice that on January 22, 1999, Copies of this filing are on file with the concern the adequacy or accuracy of the MIGC, Inc. (MIGC), tendered for filing as Commission and are available for public part of its FERC Gas Tariff, First Revised amended application. All such motions and comments should be filed on or inspection in the Public Reference Volume No. 1, Fourth Revised Sheet No. Room. 51 with a proposed effective date of before February 10, 1999, and must be November 2, 1998. served on the applicant. Any person Linwood A. Watson, Jr., MIGC states that the purpose of the wishing to become a party must file a Acting Secretary. filing is to comply with Order No. 587– motion to intervene. Copies of this filing [FR Doc. 99–2294 Filed 1–29–99; 8:45 am] H issued in Docket No. RM96–1–008. are on file with the Commission and are BILLING CODE 6717±01±M MIGC states that copies of its filing available for public inspection. are being mailed to its jurisdictional Linwood A. Watson, Jr., customers and interested state Acting Secretary. DEPARTMENT OF ENERGY commissions. [FR Doc. 99–2281 Filed 1–29–99; 8:45 am] Federal Energy Regulatory Any person desiring to protest this BILLING CODE 6717±01±M filing should file a protest with the Commission Federal Energy Regulatory Commission, 888 First Street, NE, Washington, DC DEPARTMENT OF ENERGY [Docket No. ER99±1394±000] 20426, in accordance with Section Federal Energy Regulatory Ocean State Power and Ocean State 385.211 of the Commission’s Rules and Commission Regulations. All such protests must be Power II; Notice of Filing filed as provided in Section 154.210 of [Docket No. RP99±180±001] the Commission’s Regulations. Protests January 26, 1999. will be considered by the Commission National Fuel Gas Supply Corporation, Take notice that on January 15, 1999, in determining the appropriate action to Notice of Compliance Filing Ocean State Power and Ocean State be taken, but will not serve to make January 26, 1999. Power II (Ocean State) tendered for protestants parties to the proceedings. Take notice that on January 19, 1999, filing their compliance filing of an Copies of this filing are on file with the National Fuel Gas Supply Corporation executed Assignment and Release Commission and are available for public (National Fuel) tendered for filing as Agreement to replace the unexecuted inspection in the Public Reference part of its FERC Gas Tariff, Fourth Form of Agreement previously accepted Room. Revised Volume No. 1, Sub. First by the Commission in Docket No. ER98– Linwood A. Watson, Jr., Revised Sheet No. 389 and Alt. Sub. 4499–000. Acting Secretary. First Revised Sheet No. 389, both Any person desiring to be heard or to [FR Doc. 99–2292 Filed 1–29–99; 8:45 am] bearing a proposed effective date of protest said filing should file a motion BILLING CODE 6717±01±M January 1, 1999. to intervene or protest with the Federal National Fuel states that this filing is being made in compliance with the Energy Regulatory Commission, 888 DEPARTMENT OF ENERGY Commission’s Letter Order issued on First Street, NE, Washington, DC 20426, December 30, 1998, in the above- in accordance with Rules 211 and 214 Federal Energy Regulatory referenced docket. National Fuel further of the Commission’s Rules of Practice Commission states that the revise tariff language on and Procedure (18 CFR 385.211 and 18 CFR 385.214). All such motions and [Docket No. EG99±42±000] its primary tariff sheet provides that cash-out of imbalance volumes will be protests should be filed, on or before Morgan Generation Company LLC and accomplished by using the index price February 5, 1999. Protests will be Brush Generation Company LLC; for the month in which the imbalance considered by the Commission to Notice of Filing was incurred. National Fuel’s filing also determine the appropriate action to be includes an alternate tariff sheet that taken, but will not serve to make January 26, 1999. provides that cash-out of imbalance protestants parties to the proceedings. Take notice that on January 15, 1999, volumes will be accomplished by using Any person wishing to become a party Morgan Generation Company LLC the index price applicable to the month must file a motion to interevene. Copies (Morgan) and Brush Generation that includes the time period for which of this filing are on file with the Company LLC (collectively, the Shipper last made a nomination for Commission and are available for public Applicants), filed an amendment to service. National Fuel urges the inspection. their Application for Determination of Commission to accept its alternate tariff Linwood A. Watson, Jr., Exempt Wholesale Generator Status that sheet. was filed with the Commission on Any person desiring to protest this Acting Secretary. December 15, 1998. filing should file a protest with the [FR Doc. 99–2284 Filed 1–29–99; 8:45 am] Any person desiring to be heard Federal Energy Regulatory Commission, BILLING CODE 6717±01±M concerning the amended application for 888 First Street, NE, Washington, DC Federal Register / Vol. 64, No. 20 / Monday, February 1, 1999 / Notices 4859

DEPARTMENT OF ENERGY DEPARTMENT OF ENERGY Gas Tariff, Original Volume No. 1, the tariff sheets listed on Appendix A to the Federal Energy Regulatory Federal Energy Regulatory filing, to be effective November 2, 1998. Commission Commission Steuben states the attached tariff [Docket No. RP99±207±000] sheets are being filed in compliance [Docket No. RP99±206±000] with the Commission’s Order issued on PG&E Gas Transmission, Northwest January 13, 1999, in the above captioned Panhandle Eastern Pipe Line Corporation; Notice of Tariff Filing docket. Company; Notice of Filing Steuben states that copies of the filing Reconciliation Report January 26, 1999. were served upon the company’s Take notice that on January 22, 1999, Jurisdictional customers. January 26, 1999. PG&E Gas Transmission, Northwest Any person desiring to protest this Corporation (PG&E GT–NW) tendered filing should file a protest with the Take notice that on January 20, 1999, for filing as part of its FERC Gas Tariff, Federal Energy Regulatory Commission, Panhandle Eastern Pipe Line Company First Revised Volume No. 1–A, Fourth 888 First Street, NE, Washington, DC (Panhandle) tendered for filing its Revised Sheet No. 55 and Second 20426, in accordance with Section reconciliation report in accordance with Revised Sheet No. 55A, to be effective 385.211 of the Commission’s Rules and Article I, Section 3(d)(ii) of the February March 1, 1999. Regulations. All such protests must be 12, 1997 Stipulation and Agreement in PG&E GT–NW asserts the purpose of filed as provided in section 154.210 of Docket No. RP96–260–000 (Settlement). this filing is to revise its tariff to specify the Commission’s Regulations. Protests The Settlement required the filing of a that shippers may make voluntary will be considered by the Commission reconciliation report as soon as contributions to support the Gas in determining the appropriate action to practicable following the termination of Research Institute through a ‘‘check the be taken, but will not serve to make the Firm Docket No. RP96–260–000 box’’ procedure on PG&E GT–NW’s protestants parties to the proceedings. Settlement surcharges. invoices. Copies of this filing are on file with the Panhandle states that on October 30, PG&E GT–NW further states a copy of Commission and are available for public 1998, it filed in Docket No. RP99–107– this filing has been served upon its inspection in the Public Reference 000 to suspend the Docket No. RP96– jurisdictional customers and interested Room. 260–000 Settlement Reservation state regulatory agencies. Linwood A. Watson, Jr., Any person desiring to be heard or to Surcharge applicable to firm Acting Secretary. protest said filing should file a motion transportation services provided under to intervene or a protest with the [FR Doc. 99–2290 Filed 1–29–99; 8:45 am] Rate Schedules FT, EFT, and LFT and Federal Energy Regulatory Commission, BILLING CODE 6717±01±M the Docket No. RP96–260–000 888 First Street, NE, Washington, DC Settlement Volumetric Surcharge 20426, in accordance with sections applicable to services provided under DEPARTMENT OF ENERGY 385.214 or 385.211 of the Commission’s Rate Schedule SCT effective December Rules and Regulations. All such motions 1, 1998. Panhandle’s filing was Federal Energy Regulatory or protests must be filed in accordance approved by Commission letter order Commission with Section 154.210 of the issued November 27, 1998. Commission’s Regulations. Protests will [Docket No. RP99±56±002] Panhandle states that copies of this be considered by the Commission in filing are being served on all parties to Stingray Pipeline Company; Notice of determining the appropriate action to be Compliance Filing the proceeding in Docket No. RP96– taken, but will not serve to make 260–000. protestants parties to the proceedings. January 26, 1999. Any person desiring to be heard or to Any person wishing to become a party Take notice that on January 15, 1999, protest said filing should file a motion must file a motion to intervene. Copies Stingray Pipeline Company (Stingray) to intervene or a protest with the of this filing are on file with the tendered for filing as part of its FERC Federal Energy Regulatory Commission, Commission and are available for public Gas Tariff, Third Revised Volume No. 1, 888 First Street, NE, Washington, DC inspection in the Public Reference certain tariff sheets to be effective 20426, in accordance with Sections Room. November 2, 1998. 385.214 or 385.211 of the Commission’s Linwood A. Watson, Jr., Stingray states that these tariff sheets Rules and Regulations. All such motions Acting Secretary. were filed in compliance with the or protests must be filed on or before [FR Doc. 99–2296 Filed 1–29–99; 8:45 am] Commission’s order issued January 4, February 2, 1999. Protests will be BILLING CODE 6717±01±M 1999, in Docket No. RP99–56–001. considered by the Commission in Stingray requests waiver of the determining the appropriate action to be Commission’s Regulations to the extent taken, but will not serve to make DEPARTMENT OF ENERGY necessary to permit the tendered tariff protestants parties to the proceedings. sheets to become effective November 2, Any person wishing to become a party Federal Energy Regulatory 1998, pursuant to Order No. 587–H. must file a motion to intervene. Copies Commission Stingray states that copies of the filing are being mailed to its customers and of this filing are on file with the [Docket No. RP99±13±002] Commission and are available for public interested state regulatory agencies and inspection in the Public Reference Steuben Gas Storage Company; Notice all parties set out on the official service Room. of Compliance Filing list in Docket No. RP99–56. Any person desiring to protest this Linwood A. Watson, Jr., January 26, 1999. filing should file a protest with the Acting Secretary. Take notice that on January 20, 1999, Federal Energy Regulatory Commission, [FR Doc. 99–2295 Filed 1–29–99; 8:45 am] Steuben Gas Storage Company (Steuben) 888 First Street, NW, Washington, DC BILLING CODE 6717±01±M tendered for filing as part of its FERC 20426, in accordance with Section 4860 Federal Register / Vol. 64, No. 20 / Monday, February 1, 1999 / Notices

385.211 of the Commission’s Rules and DEPARTMENT OF ENERGY DEPARTMENT OF ENERGY Regulations. All such protests must be filed as provided in section 154.210 of Federal Energy Regulatory Federal Energy Regulatory the Commission’s Regulations. Protests Commission Commission will be considered by the Commission [Docket No. RP99±106±002] [Docket No. MG99±11±000] in determining the appropriate action to be taken, but will not serve to make TransColorado Gas Transmission Transcontinental Gas Pipe Line Corp.; protestants parties to the proceedings. Company; Notice of Tariff Filing Notice of Filing Copies of this filing are on file with the January 26, 1999. January 26, 1999. Commission and are available for public Take notice that on January 19, 1999, Take notice that on January 21, 1999, inspection in the Public Reference TransColorado Gas Transmission Transcontinental Gas Pipe Line Corp. Room. Company (TransColorado) tendered for (Transco) submitted revised standards Linwood A. Watson, Jr., filing and acceptance, to be effective on of conduct under Order Nos. 497, et Acting Secretary. the date its Phase II facilities are placed seq.1 Order Nos. 566 et seq.2 and Order 3 [FR Doc. 99–2291 Filed 1–29–99; 8:45 am] into service, Third Revised Sheet No. No. 599. Transco states that it served copies of BILLING CODE 6717±01±M 102, Second Revised Sheet No. 112, Second Revised Sheet No. 247 and its filing to its affected customers, State Original Sheet No. 247A to Original Commissions, and other interested DEPARTMENT OF ENERGY Volume No. 1 of its FERC Gas Tariff. parties. The proposed tariff sheets show an Any person desiring to be heard or to Federal Energy Regulatory initial Fuel Gas Reimbursement protest said filing should file a motion Commission Percentage (FGRP) of 1.0%. to intervene or protest with the Federal TransColorado states that in Energy Regulatory Commission, 888 First Street, NE, Washington, DC, 20426, [Docket No. RP98±131±002] compliance with the Commission’s December 18, 1998 order in this in accordance with Rules 211 or 214 of the Commission’s Rules of Practice and Sumas International Pipeline Inc.; proceeding, it has revised Sections Procedure (18 CFR 385.211 or 385.214). Notice of Request for Waivers 3.1(c) and 3.1(b) of Rate Schedules FT and IT of its FERC Gas Tariff so that All such motions to intervene or protest January 26, 1999. they refer to a generally applicable fuel should be filed on or before February 10, 1999. Protests will be considered by Take notice that on January 19, 1999, reimbursement provision in § 12.8 of the General Terms and Conditions of its the Commission in determining the Sumas International Pipeline Inc. (SIPI), appropriate action to be taken but will filed a request for waiver and for an Tariff that meets the requirements of § 154.403 of the Commission’s not serve to make protestants parties to additional extension of time to comply Regulations. TransColorado has stated the proceeding. Any person wishing to with Gas Industry Standards Board the initial fuel reimbursement become a party must file a motion to (GISB) requirements related to Internet, percentage in both tariff provisions and intervene. Copies of this filing are on EDM, and EDI electronic requirements. clearly stated how the fuel SIPI states that copies of the filing 1 Order No. 497, 53 FR 22139 (June 14, 1988), reimbursement percentage will be FERC Stats. & Regs. 1986–1990 ¶30,820 (1988); were mailed to all customers of SIPI and calculated and applied to each shipper. Order No. 497–A, order on rehearing, 54 FR 52781 other interested parties. TransColorado states that a copy of (December 22, 1989), FERC Stats. & Regs. 1986– this filing has been provided to 1990 ¶30,868 (1989); Order No. 497–B, order Any person desiring to protest this extending sunset date, 55 FR 53291 (December 28, filing should file a protest with the TransColorado jurisdictional customers, 1990), FERC Stats. & Regs. 1986–1990 ¶30,908 Federal Energy Regulatory Commission, the official service list in Docket No. (1990); Order No. 497–C, order extending sunset 888 First Street, NE, Washington, DC RP99–106, the New Mexico Public date, 57 FR 9 (January 2, 1992), FERC Stats. & Regs. Utilities Commission and the Colorado 1991–1996 ¶30,934 (1991), rehearing denied, 57 FR 20426, in accordance with Section Public Utilities Commission. 5815 (February 18, 1992), 58 FERC ¶61,139 (1992); 385.211 of the Commission’s Rules and Tenneco Gas v. FERC (affirmed in part and Any person desiring to protest this Regulations. All such protests must be remanded in part), 969 F.2d 1187 (D.C. Cir. 1992); filing should file a protest with the Order No. 497–D, order on remand and extending filed on or before February 2, 1999. Federal Energy Regulatory Commission, sunset date, 57 FR 58978 (December 14, 1992), Protests will be considered by the 888 First Street, NE, Washington, DC FERC Stats. & Regs. 1991–1996 ¶30,958 (December Commission in determining the 4, 1992); Order No. 497–E, order on rehearing and 20426, in accordance with Section extending sunset date, 59 FR 243 (January 4, 1994), appropriate action to be taken, but will 385.211 of the Commission’s Rules and FERC Stats. & Regs. 1991–1996 ¶30,958 (December not serve to make protestants parties to Regulations. All such protests must be 23, 1993); Order No. 497–F, order denying the proceedings. Copies of this filing are rehearing and granting clarification, 59 FR 15336 filed as provided in Section 154.210 of (April 1, 1994), 66 FERC ¶61,347 (March 24, 1994); on file with the Commission and are the Commission’s Regulations. Protests and Order No. 497–G, order extending sunset date, available for public inspection in the will be considered by the Commission 59 FR 32884 (June 27, 1994), FERC Stats. & Regs. Public Reference Room. in determining the appropriate action to 1991–1996 ¶30,996 (June 17, 1994). 2 Linwood A. Watson, Jr., be taken, but will not serve to make Standards of Conduct and Reporting Requirements for Transportation and Affiliate Acting Secretary. protestants parties to the proceedings. Transactions, Order No. 566, 59 FR 32885 (June 27, [FR Doc. 99–2289 Filed 1–29–99; 8:45 am] Copies of this filing are on file with the 1994), FERC Stats. & Regs. 1991–1996 ¶30,997 (June Commission and are available for public 17, 1994); Order No. 566–A, order on rehearing, 59 BILLING CODE 6717±01±M inspection in the Public Reference FR 52896 (October 20, 1994), 69 FERC ¶61,044 (October 14, 1994); Order No. 566–B, order on Room. rehearing, 59 FR 65707 (December 21, 1994), 69 Linwood A. Watson, Jr., FERC ¶61,334 (December 14, 1994). Acting Secretary. 3 Reporting Interstate Natural Gas Pipeline Marketing Affiliates on the Internet, Order No. 599, [FR Doc. 99–2293 Filed 1–29–99; 8:45 am] 63 FR 43075 (August 12, 1998), FERC Stats. & Regs. BILLING CODE 6717±01±M ¶31,064 (July 30, 1998). Federal Register / Vol. 64, No. 20 / Monday, February 1, 1999 / Notices 4861 file with the Commission and are within 30 days after the time allowed inspection in the Public Reference available for public inspection. for filing a protest, the instant request Room. Linwood A. Watson, Jr., shall be treated as an application for Linwood A. Watson, Jr., Acting Secretary. authorization pursuant to section 7 of Acting Secretary. [FR Doc. 99–2287 Filed 1–29–99; 8:45 am] the Natural Gas Act. [FR Doc. 99–2286 Filed 1–29–99; 8:45 am] BILLING CODE 6717±01±M Linwood A. Watson, Jr., BILLING CODE 6717±01±M Acting Secretary. [FR Doc. 99–2285 Filed 1–29–99; 8:45 am] DEPARTMENT OF ENERGY DEPARTMENT OF ENERGY BILLING CODE 6717±01±M Federal Energy Regulatory Federal Energy Regulatory Commission Commission DEPARTMENT OF ENERGY [Docket No. CP99±158±000] Federal Energy Regulatory [Docket No. ER96±149±004, et al.] Williston Basin Interstate Pipeline Commission Company; Notice of Request Under Dartmouth Power Association Limited Blanket Authorization Partnership, et al.; Electric Rate and [Docket No. GT99±8±000] Corporate Regulation Filings January 26, 1999. Take notice that on January 19, 1999, Williston Basin Interstate Pipeline January 25, 1999. Williston Basin Interstate Pipeline Company; Notice of Tariff Filing Take notice that the following filings Company (Williston Basin), 200 North have been made with the Commission: Third Street, Suite 300, Bismark, North January 26, 1999. Dakota 58501, filed in Docket No. CP99– Take notice that on January 21, 1999, 1. Dartmouth Power Associates Limited 158–000 a request pursuant to sections Williston Basin Interstate Pipeline Partnership 157.205 and 157.211, of the Company (Williston Basin), tendered for [Docket No. ER96–149–004] Commission’s Regulations under the filing as part of its FERC Gas Tariff, Take notice that on January 19, 1999, Natural Gas Act (18 CFR 157.205, Second Revised Volume No. 1, the Dartmouth Power Associates Limited 157.211) for authorization to utilize an following revised tariff sheets to become Partnership (Dartmouth), tendered for existing tap to effectuate natural gas effective January 21, 1999: filing an updated market analysis as transportation deliveries to Montana- Second Revised Sheet No. 375 required by the Commission’s Order Dakota Utilities Co. For other than right- Eleventh Revised Sheet No. 775 approving market based rates for of-way grantor use, under Williston Sixteenth Revised Sheet No. 776 Dartmouth. Basin’s blanket certificate issued in Twentieth Revised Sheet No. 777 Comment date: February 8, 1999, in Docket No. CP82–487–000 pursuant to Twenty-first Revised Sheet No. 827 accordance with Standard Paragraph E Section 7 of the Natural Gas Act, all as Fifteenth Revised Sheet No. 828 at the end of this notice. more fully set forth in the request that Twenty-second Revised Sheet No. 829 2. Allegheny Power Service Corp., on is on file with the Commission and open Twenty-first Revised Sheet No. 830 to public inspection. Thirtieth Revised Sheet No. 831 behalf of Monongahela Power Co., The The tap is located in Golden Valley Twenty-eighth Revised Sheet No. 832 Potomac Edison Company and West County, North Dakota. Williston Basin Twenty-seventh Revised Sheet No. 833 Penn Power Company (Allegheny states that the right-of-way grantor tap Second Revised Sheet No. 834 Power) was constructed in 1998 pursuant to [Docket No. ER99–237–001] section 157.211(a) of the Commission’s Williston Basin states that the revised Regulations. Williston Basin states that tariff sheets are being filed simply to Take notice that on January 19, 1999, the proposed service will have no update its Master Receipt/Delivery Point Allegheny Power Service Corporation significant effect on Williston Basin’s List and to reflect the addition of on behalf of Monongahela Power peak day or annual requirements. Receipt Point ID No. 00955 to its Cedar Company, The Potomac Edison Williston Basin also states that their Creek Pool. Company and West Penn Power FERC Gas Tariff does not prohibit the Company tendered for filing a Any person desiring to be heard or to addition of new delivery points and the compliance filing regarding Amendment volumes to be delivered are within the protest said filing should file a motion No. 2, to the Allegheny Power Pro contractual entitlements of the to intervene or a protest with the Forma Open Access Transmission customer. Federal Energy Regulatory Commission, Tariff. This filing is intended to comply Any person or the Commission’s staff 888 First Street, NE, Washington, DC with the Commission’s order issued on may, within 45 days after issuance of 20426, in accordance with section December 17, 1998 in Docket No. ER99– the instant notice by the Commission, 385.214 or 385.211 of the Commission’s 237–000. file pursuant to Rule 214 of the Rules and Regulations. All such motions Copies of the filing have been Commission’s Procedural Rules (18 CFR or protests must be filed in accordance provided to the Public Utilities 385.214) a motion to intervene or notice with Section 154.210 of the Commission of Ohio, the Pennsylvania of intervention and pursuant to section Commission’s Regulations. Protests will Public Utility Commission, the 157.205 of the Regulations under the be considered by the Commission in Maryland Public Service Commission, Natural Gas Act (18 CFR 157.205) a determining the appropriate action to be the Virginia State Corporation protest to the request. If no protest is taken, but will not serve to make Commission, the West Virginia Public filed within the time allowed therefor, protestants parties to the proceedings. Service Commission, and all parties of the proposed activity shall be deemed to Any person wishing to become a party record. be authorized effective the day after the must file a motion to intervene. Copies Comment date: February 8, 1999, in time allowed for filing a protest. If a of this filing are on file with the accordance with Standard Paragraph E protest is filed and not withdrawn Commission and are available for public at the end of this notice. 4862 Federal Register / Vol. 64, No. 20 / Monday, February 1, 1999 / Notices

3. Duke Power, a division of Duke for the Martin Bluff Road Delivery Point Kentucky, Michigan, Ohio, Tennessee, Energy Corporation to Singing River Electric Power Virginia and West Virginia. [Docket No. ER99–1350–000] Association. The agreement will permit Comment date: February 8, 1999, in Mississippi Power to provide wholesale Take notice that on January 19, 1999, accordance with Standard Paragraph E electric service to South Mississippi Duke Power, a division of Duke Energy at the end of this notice. Electric Power Association at a new Corporation (Duke), tendered for filing a service delivery point. 9. Arizona Public Service Company Transmission Service Agreement(s) Copies of the filing were served South between Duke and PECO Energy [Docket No. ER99–1356–000] Mississippi Electric Power Association, Company. Take notice that on January 19, 1999, the Mississippi Public Service Comment date: February 8, 1999, in Arizona Public Service Company (APS), Commission, and the Mississippi Public accordance with Standard Paragraph E tendered for filing a Service Agreement Utilities Staff. at the end of this notice. under APS’ FERC Electric Tariff, Comment date: February 8, 1999, in Original Volume No. 3, for service to the 4. FirstEnergy Corp., and Pennsylvania accordance with Standard Paragraph E United States Department of Interior, Power Company at the end of this notice. Bureau of Indian Affairs, San Carlos [Docket No. ER99–1351–000] 7. Montana-Dakota Utilities Co., a Irrigation Project (SCIP). Take notice that on January 19, 1999, Division of MDU Resources Group A copy of this filing has been served FirstEnergy Corp., tendered for filing on [Docket No. ER99–1354–000] on the Arizona Corporation Commission behalf of itself and Pennsylvania Power and SCIP. Take notice that on January 18, 1999, Company, a Service Agreement for Comment date: February 8, 1999, in Network Integration Service and an Montana-Dakota Utilities Co., a Division of MDU Resources Group, Inc. accordance with Standard Paragraph E Operating Agreement for the Network at the end of this notice. Integration Transmission Service under (Montana-Dakota) provided notice to the the Pennsylvania Electric Choice Commission that Montana-Dakota 10. Central Illinois Light Company adopts the Mid-Continent Area Power Program with FirstEnergy Trading & [Docket No. ER99–1358–000] Power Marketing, Incorporated pursuant Pool’s Line Loading Relief Procedures to the FirstEnergy System Open Access (LLR) as amended to comply with the Take notice that on January 19, 1999, Tariff. These agreements will enable the Commission’s orders in Docket No. Central Illinois Light Company (CILCO), party to obtain Network Integration ER98–3709–000. Montana-Dakota 300 Liberty Street, Peoria, Illinois Service under the Pennsylvania Electric attached to its notice (i) LLR and (ii) 61602, tendered for filing with the Choice Program in accordance with the modifications to its open access Commission a substitute Index of Point- terms of the Tariff. transmission tariff to incorporate LLR. To-Point Transmission Service The proposed effective date under Comment date: February 8, 1999, in Customers under its Open Access this agreement is January 1, 1999. accordance with Standard Paragraph E Transmission Tariff and service Comment date: February 8, 1999, in at the end of this notice. agreements for two new customers, Strategic Energy, Ltd., and NorAm accordance with Standard Paragraph E 8. American Electric Power Service Energy Services, Inc. at the end of this notice. Corporation CILCO requested an effective date of 5. Northern States Power Company [Docket No. ER99–1355–000] January 7, 1999. (Minnesota Company) Northern States Take notice that on January 19, 1999, Power Company (Wisconsin Company) Copies of the filing were served on the the American Electric Power Service affected customers and the Illinois [Docket No. ER99–1352–000] Corporation (AEPSC), on behalf of Commerce Commission. Take notice that on January 19, 1999, Indiana Michigan Power Company Comment date: February 8, 1999, in Northern States Power Company (I&M), tendered for filing an executed accordance with Standard Paragraph E (Minnesota) and Northern States Power Operating and Facilities Agreement at the end of this notice. Company (Wisconsin) (collectively between I&M and Indiana Municipal known as NSP), tendered for filing a Power Agency (IMPA). The agreement 11. Kansas City Power & Light Short-Term Market-Based Electric was filed as a supplement to I&M FERC Company Service Agreement between NSP and Rate Schedules No. 70 and 74, and [Docket No. ER99–1359–000] Tennessee Valley Authority (Customer). Service Agreement No. 26 under the NSP requests that this Short-Term AEP Companies’ Open Access Take notice that on January 19, 1999, Market-Based Electric Service Transmission Service Tariff (OATT). Kansas City Power & Light Company Agreement be made effective on The OATT has been designated as (KCPL), tendered for filing as an December 28, 1998. FERC Electric Tariff Original Volume amendment to its Open Access Comment date: February 8, 1999, in No. 4, effective July 9, 1996. Transmission Tariff notice that KCPL is accordance with Standard Paragraph E AEPSC requests waiver of notice to incorporating the transmission loading at the end of this notice. permit the Agreement to be made relief (TLR) procedures developed by effective upon closure of the the North American Electric Reliability 6. Mississippi Power Company interconnections between the IMPA Council (NERC) approved by the [Docket No. ER99–1353–000] facilities at Anderson and Richmond, Commission in Docket No. EL98–52– Take notice that January 19, 1999, Indiana, with the system of I&M and the 000. Mississippi Power Company and transmission system jointly owned by KCPL requests an effective date Southern Company Services, Inc., IMPA, PSI Energy, Inc., and Wabash coincident with its filing, and therefore tendered for filing a Service Agreement, Valley Power Association, which could respectfully requests waiver of the pursuant to the Southern Companies be completed as early as March 1999. Commission’s notice requirements. Electric Tariff Volume No. 4—Market A copy of the filing was served upon Comment date: February 8, 1999, in Based Rate Tariff, with South the Parties and the state utility accordance with Standard Paragraph E Mississippi Electric Power Association regulatory commissions of Indiana, at the end of this notice. Federal Register / Vol. 64, No. 20 / Monday, February 1, 1999 / Notices 4863

12. Ohio Valley Electric Corporation Companies and TransAlta Energy New Orleans, Inc., (collectively, the [Docket No. ER99–1360–000] Marketing (U.S.), Inc. Entergy Operating Companies), tendered Comment date: February 8, 1999, in for filing a Non-Firm Point-to-Point Take notice that on January 19, 1999, accordance with Standard Paragraph E Transmission Service Agreement and a Ohio Valley Electric Corporation at the end of this notice. Short-Term Firm Point-to-Point (OVEC), in accordance with the Transportation Agreement both between 15. New Century Services, Inc. Commission’s order in Northern Entergy Services, Inc., as agent for the American Electric Reliability Council, [Docket No. ER99–1363–000] Entergy Operating Companies, and 85 FERC ¶ 61,353 (1998), tendered for Take notice that on January 19, 1999, South Mississippi Electric Power filing a notice informing the New Century Services, Inc., on behalf of Association. Commission that OVEC uses the North Cheyenne Light, Fuel and Power Comment date: February 8, 1999, in American Electric Reliability Council Company, Public Service Company of accordance with Standard Paragraph E (NERC) Transmission Loading Relief Colorado, and Southwestern Public at the end of this notice. (TLR) procedures. OVEC requests that Service Company (collectively 18. Entergy Services, Inc. the Commission accept, as an Companies), tendered for filing a amendment of OVEC’s Open Access Service Agreement under their Joint [Docket No. ER99–1367–000] Transmission Tariff, the generic tariff Open Access Transmission Service Take notice that on January 19, 1999, amendment proffered by NERC and Tariff for Non-Firm Point-to-Point Entergy Services, Inc., on behalf of accepted by the Commission in the Transmission Service between the Entergy Arkansas, Inc., Entergy Gulf above order. OVEC requests an effective Companies and New Energy Ventures, States, Inc., Entergy Louisiana, Inc., date coincident with its filing, and L.L.C. Entergy Mississippi, Inc., and Entergy therefore respectfully requests waiver of The Companies request that the New Orleans, Inc., (collectively, the the Commission’s notice requirements. Agreement be made effective on January Entergy Operating Companies), tendered Copies of this filing were served upon 15, 1999. for filing a Non-Firm Point-to-Point OVEC’s jurisdictional customers and Comment date: February 8, 1999, in Transmission Service Agreement and a upon each state public service accordance with Standard Paragraph E Short-Term Firm Point-to-Point commission that, to the best of OVEC’s at the end of this notice. Transportation Agreement both between knowledge, has retail rate jurisdiction Entergy Services, Inc., as agent for the over such customers. 16. NGE Generation, Inc. Entergy Operating Companies, and PEC Comment date: February 8, 1999, in [Docket No. ER99–1364–000] Energy Marketing, Inc. Comment date: February 8, 1999, in accordance with Standard Paragraph E Take notice that on January 19, 1999, at the end of this notice. accordance with Standard Paragraph E NGE Generation, Inc. (NGE Gen), at the end of this notice. 13. New Century Services, Inc. tendered for filing pursuant to Part 35 of the Federal Energy Regulatory 19. Entergy Services, Inc. [Docket No. ER99–1361–000] Commission’s Rules of Practice and [Docket No. ER99–1368–000] Take notice that on January 19, 1999, Procedure, 18 CFR 35, service Take notice that on January 19, 1999, New Century Services, Inc., on behalf of agreements (the Service Agreements) Cheyenne Light, Fuel and Power Entergy Services, Inc., on behalf of under which NGE Gen may provide Entergy Arkansas, Inc., Entergy Gulf Company, Public Service Company of capacity and/or energy to Amerada Hess Colorado, and Southwestern Public States, Inc., Entergy Louisiana, Inc., Corporation (Amerada) and Con Ed Entergy Mississippi, Inc., and Entergy Service Company (collectively Energy, Inc. (Con Ed Energy) in Companies), tendered for filing a New Orleans, Inc., (collectively, the accordance with NGE Gen’s FERC ‘‘Entergy Operating Companies’’), Service Agreement under their Joint Electric Tariff, Original Volume No. 1. tendered for filing a Non-Firm Point-to- Open Access Transmission Service NGE Gen has requested waiver of the Point Transmission Service Agreement Tariff for Firm Point-to-Point notice requirements so that the Service and a Short-Term Firm Point-to-Point Transmission Service between the Agreements with Amerada and Con Ed Transportation Agreement both between Companies and TransAlta Energy Energy become effective as of January Entergy Services, Inc., as agent for the Marketing (U.S.), Inc. 16, 1999. Entergy Operating Companies, and The Companies request that the NGE Gen’s filing of the Service Oneok Power Marketing Company. Agreement be made effective on January Agreements is subject to NGE Gen’s Entergy Services requests that the 15, 1999. pending application for approval of TSA’s be made effective as rate Comment date: February 8, 1999, in transfer filed in Docket EC99–22–000 on schedules no later than January 4, 1999. accordance with Standard Paragraph E December 31, 1998. Comment date: February 8, 1999, in at the end of this notice. NGE Gen has served copies of the accordance with Standard Paragraph E 14. New Century Services, Inc. filing upon the New York State Public at the end of this notice. Service Commission, Amerada, and Con [Docket No. ER99–1362–000] Ed Energy. 20. Oklahoma Gas and Electric Co. Take notice that on January 19, 1999, Comment date: February 8, 1999, in [Docket No. ER99–1369–000] New Century Services, Inc., on behalf of accordance with Standard Paragraph E Take notice that on January 19, 1999, Cheyenne Light, Fuel and Power at the end of this notice. Oklahoma Gas and Electric Company Company, Public Service Company of 17. Entergy Services, Inc. (OG&E), tendered for filing with the Colorado, and Southwestern Public Federal Energy Regulatory Commission Service Company (collectively [Docket No. ER99–1366–000] an executed long-term Service Companies), tendered for filing a Take notice that on January 19, 1999, Agreement for Power Sales with the Service Agreement under their Joint Entergy Services, Inc., on behalf of Oklahoma Municipal Power Authority Open Access Transmission Service Entergy Arkansas, Inc., Entergy Gulf (OMPA), under OG&E’s Market-Based Tariff for Non-Firm Point-to-Point States, Inc., Entergy Louisiana, Inc., Rate Power Sales Tariff, Original Transmission Service between the Entergy Mississippi, Inc., and Entergy Volume No. 3, Sheet Nos. 1–6. 4864 Federal Register / Vol. 64, No. 20 / Monday, February 1, 1999 / Notices

OG&E requests that the Commission 61,379, and that changes have been Light and Power Company, Western permit its service agreement with made to Market Rules in compliance Massachusetts Electric Company and OMPA to go into effect as of January 1, with that order. Holyoke Water Power Company, 1999, or upon such later date as the The NEPOOL Executive Committee tendered for filing pursuant to Section Commission authorizes effectiveness of states further that copies of these 205 of the Federal Power Act and the Notice of Cancellation, which has materials were sent to all persons Section 35.13 of the Commission’s been simultaneously filed by OG&E, for identified in the Commission’s official Regulations, a rate schedule change for the Amended Power Sales Agreement service lists for the captioned dockets, sales of electric energy to Westfield Gas contained in Rate Schedule FERC No. the New England state governors and and Electric Light Department 126. regulatory commissions and the (Westfield). Comment date: February 8, 1999, in Participants in the New England Power NUSCO states that a copy of this filing accordance with Standard Paragraph E Pool. has been mailed to Westfield. at the end of this notice. Comment date: February 8, 1999, in NUSCO requests that the rate accordance with Standard Paragraph E schedule change become effective on 21. Delmarva Power & Light Company at the end of this notice. April 1, 1999. [Docket No. ER99–1370–000] Comment date: February 8, 1999, in 24. Southwest Power Pool Take notice that on January 19, 1999, accordance with Standard Paragraph E Delmarva Power & Light Company [Docket No. ER99–1375–000] at the end of this notice. (Delmarva), tendered for filing an Take notice that on January 19, 1999, 27. Alliant Services Company executed umbrella service agreement Southwest Power Pool (SPP), tendered with Vitol Gas & Electric, LLC, under for filing revised tariff sheets to its Open [Docket No. ER99–1378–000] Delmarva’s market rate sales tariff. Access Transmission Tariff (Tariff) in Take notice that on January 19, 1999, Comment date: February 8, 1999, in the dockets captioned above. SPP states Alliant Services Company tendered for accordance with Standard Paragraph E that it filed revised tariff sheets in order filing an executed Service Agreement at the end of this notice. to implement changes to the provisions for Network Integration Transmission of the Tariff concerning the payment of Service and an executed Network 22. Niagara Mohawk Power transmission losses. Operating Agreement, establishing Corporation Copies of this filing were served upon MidAmerican Energy as a Network [Docket No. ER99–1372–000] each of the parties on the Commission’s Customer under the terms of the Alliant Take notice that January 19, 1999, official service lists in Docket Nos. Services Company transmission tariff. Niagara Mohawk Power Corporation ER98–3888 and ER99–783, as well as on Alliant Services Company requests an (Niagara Mohawk), tendered for filing all SPP customers and state commission effective date of January 1, 1999, and notice that effective January 23, 1999, in the SPP region. accordingly, seeks waiver of the Rate Schedule FERC No. 210, effective Comment date: February 8, 1999, in Commission’s notice requirements. A date October 26, 1994, and any accordance with Standard Paragraph E copy of this filing has been served upon supplements thereto, filed with the at the end of this notice. the Public Service Commission of Federal Energy Regulatory Commission Wisconsin, the Iowa Utilities Board, the 25. Oklahoma Gas and Electric Illinois Commerce Commission and the by Niagara Mohawk is to be canceled. Company Notice of the proposed cancellation Minnesota Public Utilities Commission. has been served upon Vitol Gas & [Docket No. ER99–1376–000] Comment date: February 8, 1999, in Electric, LLC. Take notice that on January 19, 1999, accordance with Standard Paragraph E Comment date: February 8, 1999, in Oklahoma Gas and Electric Company at the end of this notice. accordance with Standard Paragraph E (OG&E), tendered for filing Notice of 28. New Century Services, Inc. at the end of this notice. Cancellation of the Amended Power [Docket No. ER99–1379–000] 23. New England Power Pool Sales Agreement with the Oklahoma Municipal Power Authority contained Take notice that on January 19, 1999, [Docket No. ER99–1374–000] in Rate Schedule FERC No. 126, New Century Services, Inc., on behalf of Take notice that on January 19, 1999, pursuant to Section 35.15 of the Federal Cheyenne Light, Fuel, and Power the New England Power Pool Energy Regulatory Commission’s Company, Public Service Company of (NEPOOL), Executive Committee (Commission) Regulations. Colorado, and Southwestern Public tendered for filing changes to Market OG&E requests acceptance of its Service Company (collectively the New Rules that had previously been notice and waiver of the 60-day notice Century Operating Companies), submitted to the Commission and new requirement to permit the cancellation tendered for filing an amendment to the Market Rules not previously submitted. to become effective January 1, 1999, or joint open access transmission tariff of The NEPOOL Executive Committee such later date as authorized by the the New Century Operating Companies. has requested that the changes and new Commission. The amendment will allow the New Market Rules become effective on March Century Operating Companies to waive, This filing has been served upon the 20, 1999, to apply for all NEPOOL on a non-discriminatory basis, the affected purchaser. market transactions occurring after the deposit on transmission service Second Effective Date, which the Comment date: February 8, 1999, in applications. Committee indicates is now projected to accordance with Standard Paragraph E Comment date: February 8, 1999, in occur April 1, 1999. at the end of this notice. accordance with Standard Paragraph E at the end of this notice. The NEPOOL Executive Committee 26. Northeast Utilities Service Company states that the Market Rules are being 29. Illinois Power Company filed in compliance with the [Docket No. ER99–1377–000] Commission’s December 17, 1998, order Take notice that on January 19, 1999, [Docket No. ER99–1393–000] regarding the NEPOOL restructuring, Northeast Utilities Service Company Take notice that on January 19, 1999, New England Power Pool, 85 FERC ¶ (NUSCO), on behalf of The Connecticut Illinois Power Company (Illinois Federal Register / Vol. 64, No. 20 / Monday, February 1, 1999 / Notices 4865

Power), 500 South 27th Street, Decatur, DEPARTMENT OF ENERGY (CPL), West Texas Utilities Company Illinois 62526, tendered for filing Point- (WTU), Public Service Company of To-Point Transmission Service Federal Energy Regulatory Oklahoma (PSO), and Southwestern Agreements under which Tenneco Commission Electric Power Company (SWEPCO) Packaging, Inc., will take transmission [Docket No. ER99±1338±000, et al.] (collectively, the CSW Operating service pursuant to its open access Companies) tendered for filing with the transmission tariff. The agreements are Eastern Utilities Associates, et al.; Commission notice indicating that the based on the Form of Service Agreement Electric Rate and Corporate Regulation CSW Operating Companies will adopt in Illinois Power’s tariff. Filings the transmission loading relief (TLR), procedures set forth in Appendix B to Illinois Power has requested an January 22, 1999. the North American Electric Reliability effective date of January 1, 1999. Take notice that the following filings Council’s (NERC) Petition for Comment date: February 8, 1999, in have been made with the Commission: Declaratory Order in Docket No. EL98– accordance with Standard Paragraph E 1. Eastern Utilities Associates 52–000, approved by the Commission. at the end of this notice. The TLR procedures will apply to those [Docket No. ER99–1338–000] portions of the CSW Operating 30. Gregory Power Partners, L.P. Take notice that on January 15, 1999, Companies’ transmission systems that Eastern Utilities Associates tendered for [Docket No. QF99–32–000] are located in the Eastern filing notification that the ISO-New Interconnection. Take notice that on January 19, 1999, England, Inc., and the New England The CSW Operating Companies Gregory Power Partners, L.P. Power Pool are responsible for TLR request an effective date coincident with (Applicant), tendered for filing a procedures referred to in the above- their filing, and therefore respectfully supplement to its October 30, 1998, captioned docket. request waiver of the Commission’s Comment date: February 4, 1999, in Application for Commission notice requirements. accordance with Standard Paragraph E Certification of Qualifying Status of a The CSW Operating Companies state at the end of this notice. Cogeneration Facility. The supplement that a copy of their filing was served on contains additional technical and 2. Resale Power Group of Iowa, Inc. v. all customers under the CSW Operating ownership information regarding IES Utilities, Inc. Companies’ Open Access Transmission Applicant’s proposed cogeneration [Docket No. EL97–17–001] Service Tariff and on the Public Utility Commission of Texas, the Arkansas facility. Take notice that on January 8, 1999, Public Service Commission, the Comment date: February 18, 1999, in IES Utilities, Inc. (IES) filed a Joint Louisiana Public Service Commission, accordance with Standard Paragraph E Transmission Agreement pursuant to and the Oklahoma Corporation at the end of this notice. the Commission’s December 23, 1998 Commission. Order issued in Docket No. EL97–17– Comment date: February 4, 1999, in Standard Paragraphs 000. Comment date: February 8, 1999, in accordance with Standard Paragraph E E. Any person desiring to be heard or at the end of this notice. to protest said filing should file a accordance with Standard Paragraph E motion to intervene or protest with the at the end of this notice. 5. Duke Power, a division of Duke Federal Energy Regulatory Commission, 3. Vermont Electric Power Company, Energy Corporation 888 First Street, NE, Washington, DC Inc. [Docket No. ER99–1341–000] 20426, in accordance with Rules 211 [Docket No. ER99–1339–000] Take notice that on January 15, 1999, and 214 of the Commission’s Rules of Take notice that on January 15, 1999, Duke Power, a division of Duke Energy Practice and Procedure (18 CFR 385.211 Vermont Electric Power Company, Inc. Corporation (Duke), tendered for filing a and 18 CFR 385.214). All such motions (VELCO), tendered for filing an Firm Transmission Service Agreement or protests should be filed on or before amendment to its Open Access (TSA’s), between Duke and Louisville the comment date. Protests will be Transmission Service Tariff to explicitly Gas and Electric Company, dated as of considered by the Commission in incorporate the transmission loading October 21, 1998. determining the appropriate action to be relief (TLR) procedures developed by Duke requests that the TSA’s be made taken, but will not serve to make the North American Electric Reliability effective as rate schedules as of January protestants parties to the proceeding. Council (NERC) approved by the 1, 1999. Any person wishing to become a party Commission in Docket No. EL98–52– Comment date: February 4, 1999, in must file a motion to intervene. Copies 000. accordance with Standard Paragraph E of these filings are on file with the VELCO requests an effective date at the end of this notice. Commission and are available for public coincident with its filing, and therefore 6. Duke Energy Corporation inspection. respectfully requests waiver of the [Docket No. ER99–1342–000] David P. Boergers, Commission’s notice requirements. Comment date: February 4, 1999, in Take notice that on January 15, 1999, Secretary. accordance with Standard Paragraph E Duke Power, a division of Duke Energy [FR Doc. 99–2239 Filed 1–29–99; 8:45 am] at the end of this notice. Corporation (Duke), tendered for filing a BILLING CODE 6717±01±P Service Agreement for Market Rate Sales 4. Central Power and Light Company, under Rate Schedule MR, FERC Electric West Texas Utilities Company, Public Tariff First Revised Volume No. 3 (the Service Company of Oklahoma and MRSAs), between Duke and Entergy Southwestern Electric Power Company Power Marketing Corp. [Docket No. ER99–1340–000] Comment date: February 4, 1999, in Take notice that on January 15, 1999, accordance with Standard Paragraph E Central Power and Light Company at the end of this notice. 4866 Federal Register / Vol. 64, No. 20 / Monday, February 1, 1999 / Notices

7. Duke Energy Corporation upon all the customers under their Comment date: February 4, 1999, in [Docket No. ER99–1343–000] market-based rate tariffs. accordance with Standard Paragraph E Comment date: February 4, 1999, in at the end of this notice. Take notice that on January 15, 1999, accordance with Standard Paragraph E 15. Central Hudson Gas & Electric Duke Power, a division of Duke Energy at the end of this notice. Corporation (Duke), tendered for filing a Corp., Consolidated Edison Company of Service Agreement for Market Rate Sales 10. PJM Interconnection, L.L.C. New York, Inc., LIPA, New York Power Authority, New York State Electric & under Rate Schedule MR, FERC Electric [Docket No. ER99–1346–000] Tariff First Revised Volume No. 3 (the Gas Corp., Niagara Mohawk Power Take notice that on January 15, 1999, Corporation, Orange and Rockland MRSAs), between Duke and OGE Energy PJM Interconnection, L.L.C. (PJM), Resources, Inc. Utilities, Inc. and Rochester Gas and tendered for filing notice of amendment Electric Corp.) Comment date: February 4, 1999, in of the PJM Interconnection L.L.C., Tariff accordance with Standard Paragraph E to adopt NERC Transmission Loading [Docket No. ER99–1365–000] at the end of this notice. Relief Procedures. Take notice that on January 15, 1999, 8. MidAmerican Energy Company Copies of this filing were served upon Central Hudson Gas & Electric all PJM members and all state electrical Corporation, Consolidated Edison [Docket No. ER99–1344–000] regulatory commissions in the PJM Company of New York, Inc., LIPA, New Take notice that on January 15, 1999, control area. York Power Authority, New York State MidAmerican Energy Company Comment date: February 4, 1999, in Electric & Gas Corporation, Niagara (MidAmerican), 666 Grand Avenue, Des accordance with Standard Paragraph E Mohawk Power Corporation, Orange Moines, Iowa 50309 tendered for filling at the end of this notice. and Rockland Utilities, Inc., Rochester notice of its adoption of the Line Gas and Electric Corporation tendered Loading Relief Procedure of Mid- 11. Detroit Edison Company and for filing a letter notifying FERC that Continent Area Power Pool (MAPP) and Consumers Energy Company their Open Access Transmission Tariffs changes to MidAmerican’s Open Access [Docket No. ER99–1347–000] shall be considered to be modified by Transmission Tariff (OATT) to reflect Take notice that on January 15, 1999, the incorporation of the Transmission the adoption of such procedures. Detroit Edison Company and Consumers Loading Relief (TLR) procedures of the MidAmerican states that this filing is Energy Company tendered for filing North American Electric Reliability made in accordance with the notice that they adopt and will use the Council (NERC) as specified in NERC’s Commission’s December 16, 1998, order NERC TLR procedures accepted by the generic amendment (Attachment B to in North American Electric Reliability Commission in Docket No. EL98–52– the NERC filing of June 5, 1998). Council, 85 FERC ¶ 61,353 (1998) 000 for their joint open access As indicated in the filing, LIPA is not (Docket No. EL98–52–000). transmission tariff. a ‘‘public utility’’ under Part II of the MidAmerican proposes an effective Comment date: February 4, 1999, in Federal Power Act and does not have a date of January 16, 1999, for the OATT accordance with Standard Paragraph E transmission tariff on file with the changes. at the end of this notice. FERC. As a Member System of the New Copies of the filing were served upon York Power Pool, however, its representatives of MAPP, the Iowa 12. Consumers Energy Company curtailment policy is synchronized with Utilities Board, the Illinois Commerce [Docket No. ER99–1348–000] other Member Systems. Therefore, by its inclusion in the filing, LIPA notifies Commission, the South Dakota Public Take notice that on January 15, 1999, FERC that its open access transmission Utilities Commission and all customers Consumers Energy Company tendered tariff shall be considered to be modified having service agreements with for filing notice that it adopts and will to incorporate NERC’s TLR procedure in MidAmerican under the OATT. use the NERC TLR procedures accepted accordance with the action of the other Comment date: February 4, 1999, in by the Commission in Docket No. EL98– Member Systems. NYPA is also not a accordance with Standard Paragraph E 52–000. ‘‘public utility’’ under Part II of the at the end of this notice. Comment date: February 4, 1999, in Federal Power Act, but also notifies accordance with Standard Paragraph E 9. Delmarva Power & Light Company FERC that its open access tariff shall be at the end of this notice. and Atlantic City Electric Company considered to be modified accordingly. [Docket No. ER99–1345–000] 13. Detroit Edison Company Copies of the filing were served on the official service lists in each of the [Docket No. ER99–1349–000] Take notice that on January 15, 1999, companies open access tariff Delmarva Power & Light Company Take notice that on January 15, 1999, proceedings. (Delmarva) and Atlantic City Electric Detroit Edison Company tendered for Comment date: February 4, 1999, in Company (Atlantic) filed revisions to filing notice that it adopts and will use accordance with Standard Paragraph E their market-based rate tariffs. The the NERC TLR procedures accepted by at the end of this notice. revisions were made to reflect the the Commission in Docket No. EL98– consummation of the merger involving 52–000. Standard Paragraphs Delmarva and Atlantic and to allow Comment date: February 4, 1999, in E. Any person desiring to be heard or Delmarva and Atlantic to engage in accordance with Standard Paragraph E to protest said filing should file a power sales transactions with one at the end of this notice. motion to intervene or protest with the another pursuant to their market-based 14. Constellation Energy Source, Inc. Federal Energy Regulatory Commission, rate tariffs. In particular, the revisions 888 First Street, NE, Washington, DC would allow Delmarva and Atlantic to [Docket No. ER99–1357–000] 20426, in accordance with Rules 211 transact with one another at the market Take notice that on January 15, 1999, and 214 of the Commission’s Rules of clearing prices established by the PJM Constellation Energy Source, Inc., Practice and Procedure (18 CFR 385.211 Power Exchange. tendered for filing Notice of and 18 CFR 385.214). All such motions Delmarva and Atlantic state that Cancellation of Constellation Energy or protests should be filed on or before copies of this filing have been served Source’s Rate Schedule FERC No. 1. the comment date. Protests will be Federal Register / Vol. 64, No. 20 / Monday, February 1, 1999 / Notices 4867 considered by the Commission in action to take, the Commission will the North Fork Clearwater River, on 3.8 determining the appropriate action to be consider all protests or other comments acres of federal land: 0.9 acre taken, but will not serve to make filed, but only those who file a motion administered by the Corps, and 2.9 acres protestants parties to the proceeding. to intervene in accordance with the administered by the U.S. Department of Any person wishing to become a party Commission’s Rules may become a Interior’s Bureau of Land Management must file a motion to intervene. Copies party to the proceeding. Any comments, within the external boundary of the Nez of these filings are on file with the protests, or motions to intervene must Perce Indian Reservation, in Clearwater Commission and are available for public be received on or before the specified County, Idaho. inspection. comment date for the particular g. Filed Pursuant to: 18 CFR 4.200. David P. Boergers, application. h. Applicant Contact: Ralph Mellin, Secretary. C1. Filing and Service of Responsive Idaho Department of Water Resources, Documents—Any filings must bear in P.O. Box 83720, Boise, ID 83720–0098, [FR Doc. 99–2238 Filed 1–29–99; 8:45 am] all capital letters the title Phone: (208) 327–7991. BILLING CODE 6717±01±P ‘‘COMMENTS’’ ‘‘RECOMMENDATIONS i. FERC Contact: J.W. Flint, (202) 219– Federal Energy Regulatory FOR TERMS AND CONDITIONS’’, 2667. j. Comment Date: March 5, 1999. Commission ‘‘PROTEST’’, OR ‘‘MOTION TO INTERVENE’’, as applicable, and the k. Description of Amendment: The Notice of Surrender of Conduit Project Number of the particular licensee requests a change to the Exemption application to which the filing refers. generator capacity from 2000-kW to Any of the above-named documents 2500-kW to pass the higher flow January 26, 1999. must be filed by providing the original requested by the fish hatcheries and to Take notice that the following and the number of copies provided by maximize the energy potential of the hydroelectric application has been filed the Commission’s regulations to: The system. with the Commission and is available Secretary, Federal Energy Regulatory The licensee also proposes to change for public inspection: Commission, 888 First Street, NE, the delivery point of the generated a. Type of Application: Surrender of Washington, DC 20426. A copy of any power from their overhead power lines Conduit Exemption. motion to intervene must also be served located adjacent to the Dworshak b. Project No.: 8310–006. upon each representative of the National Fish Hatchery to their near-by c. Date filed: October 29, 1998. Applicant specified in the particular underground vault for connecting d. Applicant: City of El Segundo. application. underground power lines. This vault e. Name of Project: WB–28 D2. Agency Comments—Federal, will be located on the south side of the Hydroelectric Project. state, and local agencies are invited to Ahsahka Bridge over the North Fork f. Location: At the WB–28 turnout of file comments on the described Clearwater River. The vault over the the Metropolitan Water Dist. of application. A copy of the application bridge will be approximately 30 feet Southern California’s water conveyance may be obtained by agencies directly west of the present project boundary. system, in Los Angeles County, from the Applicant. If an agency does The new access road and turn around California. not file comments within the time area shown on exhibit F–5 will not be g. Filed Pursuant to: Federal Power specified for filing comments, it will be built. Act, 16 U.S.C. 791(a)–825(r). presumed to have no comments. One m. This notice also consists of the h. Applicant Contact: Bellur K. copy of an agency’s comments must also following standard paragraphs: B, C1, Devaraj, City Engineer, Public Works be sent to the Applicant’s and D2. Department, City of El Segundo, 350 representatives. B. Comments, Protests, or Motions to Main Street, El Segundo, CA 90245. Linwood A. Watson, Jr., Intervene—Anyone may submit i. FERC Contact: Ahmad Mushtaq, Acting Secretary. comments, a protest, or a motion to intervene in accordance with the (202) 219–2672. [FR Doc. 99–2279 Filed 1–29–99; 8:45 am] j. Comment Date: March 1, 1999. requirements of Rules of Practice and BILLING CODE 6717±01±M k. Description of Proposed Action: Procedure, 18 CFR 385.210, 385.211, The existing project, for which the 385.214. In determining the appropriate exemption is being surrendered, DEPARTMENT OF ENERGY action to take, the Commission will consists of: (1) a generating unit with a consider all protests or other comments 500 hp (375 kw) turbine connected to a Federal Energy Regulatory filed, but only those who file a motion 522 kw generator and a 150-foot-long Commission to intervene in accordance with the tap into the existing Southern California Commission’s Rules may become a Edison Co.’s 16-kv transmission at the Notice of Amendment of License party to the proceeding. Any comments, project site. protests, or motions to intervene must January 26, 1999. The exemptee is requesting surrender be received on or before the specified Take notice that the following of the exemption because of the comment date for the particular hydroelectric application has been filed reduction in the water supply to the application. with the Commission and is available project. C1. Filing and Service of Responsive for public inspection: l. This notice also consists of the a. Application Type: Amendment to Documents—Any filings must bear in following standard paragraph: B, C1, License. all capital letters the title and D2. b. Project No: 10819–004. ‘‘COMMENTS’’ ‘‘RECOMMENDATIONS B. Comments, Protests, or Motions to c. Date Filed: January 8, 1999. FOR TERMS AND CONDITIONS’’, Intervene—Anyone may submit d. Applicant: Idaho Water Resources ‘‘PROTEST’’, or ‘‘MOTION TO comments, a protest, or a motion to Board. INTERVENE’’, as applicable, and the intervene in accordance with the e. Name of Project: Dworshak Small Project Number of the particular requirements of Rules of Practice and Hydroelectric Project. application to which the filing refers. Procedure, 18 CFR 385.210, 385.211, f. Location: At the U.S. Army Corps of Any of the above-named documents 385.214. In determining the appropriate Engineers’ (Corps) Dworshak Dam, on must be filed by providing the original 4868 Federal Register / Vol. 64, No. 20 / Monday, February 1, 1999 / Notices and the number of copies provided by Ms. Shari Pricer, 919–541–2198. Fax: estimates of young children to these the Commission’s regulations to: The 919–541–1111. E-mail: toxic pollutants. The information will Secretary, Federal Energy Regulatory [email protected]. For also be used by the EPA Office of Commission, 888 First Street, NE, technical information on the proposed Children’s Health Protection and the Washington, DC 20426. A copy of any study, contact the Co-Principal EPA Office of Prevention, Pesticides, motion to intervene must also be served Investigator, Gary F. Evans, 919–541– and Toxic Substances in their upon each representative of the 3124. FAX: 919–541–1486. E-mail: consideration of children’s risk Applicant specified in the particular [email protected]. assessment and risk management application. SUPPLEMENTARY INFORMATION: options. The information will appear in D2. Agency Comments—Federal, Affected entities: Entities potentially the form of final EPA reports, journal state, and local agencies are invited to affected by this action are children of articles, and will also be made publicly file comments on the described age 2–5 years and their adult caregivers available in an electronic data base. application. A copy of the application at either home, day care, or preschool. The total cost of the study is may be obtained by agencies directly Title: Children’s Total Exposure to estimated to be $4.5M over a period of from the Applicant. If an agency does Persistent Pesticides and Other three years. not file comments within the time Persistent Organic Pollutants (CTEPP), An Agency may not conduct or specified for filing comments, it will be EPA ICR No. 1892.01. sponsor, and a person is not required to presumed to have no comments. One Abstract: The National Exposure respond to, a collection of information copy of an agency’s comments must also Research Laboratory of the Office of unless it displays a currently valid OMB be sent to the Applicant’s Research and Development (ORD) at control number. The OMB control representatives. EPA plans to conduct a research study numbers for EPA’s regulations are listed Linwood A. Watson, Jr., investigating preschool children’s in 40 CFR part 9 and 48 CFR Chapter 15. Acting Secretary. exposure to persistent pesticides and The EPA would like to solicit other persistent organic pollutants. This [FR Doc. 99–2280 Filed 1–29–99; 8:45 am] comments to: BILLING CODE 6717±01±M study is necessary to respond to the (i) evaluate whether the proposed Food Quality Protection Act (FQPA) of collection of information is necessary 1996 which requires that EPA evaluate for the proper performance of the ENVIRONMENTAL PROTECTION non-occupational sources (e.g., food, functions of the agency, including AGENCY water, air, dust, soil, etc.) of exposures whether the information will have to pesticides when constructing risk practical utility; [FRL±6225±8] assessments, consider the cumulative (ii) evaluate the accuracy of the health impact of pesticides, and provide Agency’s estimate of the burden of the Agency Information Collection particular attention to young children Activities: Proposed Collection; proposed collection of information, such that ‘‘there is reasonable certainty including the validity of the Comment Request; Children's Total that no harm will result to infants and Exposure to Persistent Pesticides and methodology and assumptions used; children from aggregate exposure to (iii) enhance the quality, utility, and Other Persistent Organic Pollutants pesticide chemical residue.’’ (CTEPP) clarity of the information to be Study respondents will be children collected; and AGENCY: Environmental Protection between the ages of 2–5 and their adult (iv) minimize the burden of the Agency (EPA). caregivers in approximately 260 collection of information on those who households. Participation will be ACTION: Notice. are to respond, including through the entirely voluntary. The participants’ use of appropriate automated electronic, SUMMARY: In compliance with the exposures will be estimated by mechanical, or other technological Paperwork Reduction Act (44 U.S.C. collection and analysis of samples of collection techniques or other forms of 3501 et seq.), this document announces food, beverages, air, house dust, soil, information technology, e.g., permitting that EPA is planning to submit the hand wipes, and urine in conjunction electronic submission of responses. following proposed Information with information from questionnaires Burden Statement: The average Collection Request (ICR) to the Office of including activity diaries. Young respondent burden is estimated to be 6 Management and Budget (OMB). children, especially those of the hours. This time includes training time, TITLE: Children’s Total Exposure to preschool ages, are believed to have time the respondent will spend Persistent Pesticides and Other greater exposures than do older children collecting personal and environmental Persistent Organic Pollutants (CTEPP). or adults to persistent organic samples, and time spent completing EPA ICR Number: 1892.01. pesticides, including some compounds interviewer- or self-administered Before submitting this ICR to OMB for that may have endocrine-disrupting questionnaires. Each respondent is review and approval, EPA is soliciting effects or developmental toxicity. These sampled for a single time during a three- comments on specific aspects of the greater exposures may result from what day time period, which consists of one proposed information collection as children eat and drink, where they day for recruitment and instruction and described below. spend their time, and what they do a two-day sample and information there. The impact of the exposures may collection period. The total burden is DATES: Comments must be submitted on be greater on young children because of estimated to be 1560 hours for 260 or before April 2, 1999. their smaller body masses, immature respondents. The field data collection is ADDRESSES: Public comments should be body systems, and rapid physical scheduled to occur over a two-year submitted to: Ms. Shari Pricer, US EPA development. period; therefore, the annual burden is (MD–78A), Research Triangle Park, NC The data will be used by scientists estimated to be 780 hours for 130 27711. within ORD and external to the Agency respondents per year, or 6 hours per FOR FURTHER INFORMATION CONTACT: to refine and validate exposure models respondent per year. Interested persons may obtain a copy of which, in turn, will be used to reduce There are no direct respondent costs this ICR without charge by contacting the uncertainty in the health risk for this data collection. Participants will Federal Register / Vol. 64, No. 20 / Monday, February 1, 1999 / Notices 4869 be reimbursed for the costs of electricity OMB Responses to Agency Clearance OMB Disapproval used and food collected. An incentive Requests EPA ICR No. 1170.06; Collection of payment of $100 will be offered to OMB Approvals Economic and Program Support Data: defray the burden. Request for Generic Clearance; OMB No. EPA ICR No. 1367.05; Regulation of Burden means the total time, effort, or 2070–0034; was disapproved by OMB Fuel and Fuel Additives, Gasoline 12/22/98. financial resources expended by persons Volatility Rule; in 40 CFR part 80.27; to generate, maintain, retain, or disclose was approved 12/08/98; OMB No. 2060– OMB’s Comments Filed or provide information to or for a 0178; expires 12/31/2001. EPA ICR No. 1822.01; Lead Federal agency. This includes the time EPA ICR No. 0107.06; Source needed to review instructions; develop, Management and Disposal of Lead- Compliance and State Action Reporting; Based Paint Debris (Proposed Rule); acquire, install, and utilize technology in 40 CFR part 51, Subpart Q; was and systems for the purposes of OMB filed comments 12/16/98. approved 12/16/98; OMB No. 2060– EPA ICR No. 1886.01; NESHAP for collecting, validating, and verifying 0096; expires 12/31/2001. Nutritional Yeast Manufacturing; in 40 information, processing and EPA ICR No. 0559.06; Revision, CFR part 63, Subpart CCC; OMB filed maintaining information, and disclosing Application for Reference and comments 12/16/98. and providing information; adjust the Equivalent Method Determination; in 40 EPA ICR No. 1873.01; Revisions to the existing ways to comply with any CFR part 53; was approved 12/15/98; Underground Injection Control previously applicable instructions and OMB No. 2080–0005; expires 12/31/ Regulations for Class V Injection requirements; train personnel to be able 2001. Wells—Option 1; in 40 CFR part 144; to respond to a collection of EPA ICR No. 1284.05; Standard of OMB filed comments 01/08/99. information; search data sources; Performance for New Stationary EPA ICR No. 1874.01; Revisions to the complete and review the collection of Sources, Polymeric Coating of Underground Injection Control information; and transmit or otherwise Supporting Substrates; in 40 CFR part Regulations for Class V Injection disclose the information. 60, Subpart VVV; was approved 12/17/ Wells—Option 2; in 40 CFR part 144; 98; OMB No. 2060–0181; expires 12/31/ Dated: January 14, 1999. OMB filed comments 01/08/99. 2001. Gary J. Foley, EPA ICR No. 1697.02; NSPS for EPA ICR No. 1841.01; Land Disposal Volatile Organic Compound (VOC) Director, (MD–75). Restrictions Surface Impoundment Emissions from Synthetic Organic [FR Doc. 99–2318 Filed 1–29–99; 8:45 am] Study; was approved 12/29/98; OMB Chemical Manufacturing Industry BILLING CODE 6560±50±U No. 2050–0157; expires 12/31/2001. Wastewater; in 40 CFR part 60, Subpart EPA ICR No. 1828.02; Industry YYY; OMB filed comments 01/08/99. Screener Questionnaire: Phase 1 Cooling EPA ICR No. 1854.01; Reporting and ENVIRONMENTAL PROTECTION Water Intake Structures; was approved Record Keeping Requirements of the AGENCY 12/24/98; OMB No. 2040–0203; expires Consolidated Federal Air Rule for the 04/30/99. Synthetic Organic Chemical [FRL±6228±4] EPA ICR No. 0783.38; Motor Vehicle Manufacturing Industry; in 40 CFR Part Emission Certification and Fuel 60, Subparts A, Ka, Kb, VV, DDD, III, Agency Information Collection Economy Compliance; in 40 CFR parts NNN, and RRR, part 61, Subparts A, V, Activities; OMB Responses 86 and 600; was approved 12/22/98; Y, and BB, and part 63, Subparts A, F, OMB No. 2060–0104; expires 12/31/ G, and H; OMB filed comments 12/21/ AGENCY: Environmental Protection 2001. 98. Agency (EPA). EPA ICR No. 1750.02; National EPA ICR No. 1869.01; NESHAP for Volatile Organic Compound Emission ACTION: Notices. Hazardous Air Pollutants for Standards for Architectural Coatings; in Manufacture of Amino/Phenolic Resin; 40 CFR part 59, Subpart D; was in 40 CFR part 63; OMB filed comments SUMMARY: This document announces the approved 01/08/99; OMB No. 2060– 01/11/99. Office of Management and Budget’s 0393; expires 01/31/2002. EPA ICR No. 1871.01; Record Keeping (OMB) responses to Agency clearance EPA ICR No. 1863.01; Small System and Reporting Requirements for Source requests, in compliance with the Survey; was approved 01/08/99; OMB Categories: Generic Maximum Paperwork Reduction Act (44 U.S.C. No. 2040–0206; expires 01/31/2001. Achievable Control Technology (MACT) 3501 et. seq.). An agency may not EPA ICR No. 1853.01; Environmental National Emission Standards for conduct or sponsor, and a person is not Information Customer Survey; was Hazardous Air Pollution (NESHAP); in required to respond to, a collection of approved 01/15/99; OMB No. 2010– 40 CFR part 63, Subpart YY; OMB filed information unless it displays a 0029; expires 01/31/2001. comments 01/11/99. currently valid OMB control number. EPA ICR No. 0226.14; National The OMB control numbers for EPA’s Pollution Elimination System Permit Extensions of Expiration Dates regulations are listed in 40 CFR part 9 Application Requirements—Forms 2A EPA ICR No. 0012.09; Motor Vehicle and 48 CFR Chapter 15. and 2S (Final Rule); in 40 CFR part 122; and Non-Road Engine Exclusion was approved 01/13/99; OMB No. 2040– Determination; in 40 CFR part 91, FOR FURTHER INFORMATION CONTACT: Call 0086; expires 03/31/99. Subpart K; OMB No. 2060–0124; on 12/ Sandy Farmer at (202) 260–2740, or E- EPA ICR No. 1877.01; Milestones Plan 21/98 OMB extended the expiration mail at for the Bleached Paper Grade Kraft and date through 03/31/99. ‘‘[email protected],’’ and Soda Subcategory of the Pulp, Paper, EPA ICR No. 1842.01; Notice of Intent please refer to the appropriate EPA and Paperboard Point Source Category; of Storm Water Discharges Associated Information Collection Request (ICR) in 40 CFR part 430, was approved 01/ with Construction Activity under an Number. 13/99; OMB No. 2040–0202; expires 01/ NPDES General Permit; in 40 CFR part SUPPLEMENTARY INFORMATION: 31/2002. 122; OMB No. 2040–0188; on 12/23/98 4870 Federal Register / Vol. 64, No. 20 / Monday, February 1, 1999 / Notices

OMB extended the expiration date Announcement provides relevant settlement, contact the individual listed through 03/31/99. background information, summarize below. EPA ICR No. 0827.04; Construction EPA’s interest in the topic area, and FOR FURTHER INFORMATION CONTACT: Grants Program Information Collection describe the application and review Brian E. Carr, Assistant Regional Request; in 40 CFR part 35, Subpart I; process. Counsel, New York/Caribbean OMB No. 2040–0027; on 01/13/99 OMB Contact persons for additional Superfund Branch, Office of Regional extended the expiration date through information are Dr. Barbara Karn Counsel, U.S. Environmental Protection 03/31/99. ([email protected]), Agency, 290 Broadway, 17th Floor, New Dated: January 26, 1999. telephone 202–564–6820 and Dr. York, New York, 10007–1866, Joseph Retzer, Charlotte Cottrill Telephone: (212) 637–3170. Director, Regulatory Information Division. ([email protected]), Dated: December 31, 1998. telephone 202–564–6771. [FR Doc. 99–2321 Filed 1–29–99; 8:45 am] Jeanne M. Fox, BILLING CODE 6560±50±M Dated: January 20, 1999. Regional Administrator, Region 2. Henry Longest III, [FR Doc. 99–2319 Filed 1–29–99; 8:45 am] Acting Assistant Administrator for Research BILLING CODE 6560±50±P ENVIRONMENTAL PROTECTION and Development. AGENCY [FR Doc. 99–2320 Filed 1–29–99; 8:45 am] [FRL±6228±3] BILLING CODE 6560±50±P ENVIRONMENTAL PROTECTION AGENCY Announcement of Opportunity: [FRL±6228±5; CWA±HQ±99±001] EMPACT Grants ENVIRONMENTAL PROTECTION AGENCY Clean Water Act Class II: Proposed AGENCY: Environmental Protection Agency. Administrative Penalty Assessment [FRL±6228±2] and Opportunity to Comment ACTION: Notice of request for Regarding United States Cellular applications. Proposed CERCLA Administrative Corporation Settlement; Rosen Brothers Superfund SUMMARY: This document provides Site, Cortland, NY AGENCY: Environmental Protection information on the availability of the Agency (EPA). 1999 investigator-initiated grants AGENCY: Environmental Protection ACTION: Notice. program announcement of opportunity Agency (EPA). on Environmental Monitoring for Public ACTION: Notice; request for public SUMMARY: EPA has filed a civil Access and Community Tracking comment. administrative complaint against United (EMPACT). The areas of interest, States Cellular Corporation (‘‘U.S. eligibility and submission requirements, SUMMARY: Notice is hereby given of a Cellular’’) for failure to prepare a Spill evaluation criteria, and implementation proposed administrative settlement Prevention Control and Countermeasure schedules are set forth. Grants will be concerning the Rosen Brothers (‘‘SPCC’’) plan for one facility where it competitively awarded following peer Superfund Site in Cortland, New York stored diesel oil in two above ground review. with the City of Cortland and the New tanks in violation of the Clean Water DATES: The deadline for receipt of York, Susquehanna and Western Act (‘‘CWA’’) and its implementing applications is April 8, 1999. Railway Corporation. The settlement is regulations. EPA, pursuant to CWA FOR FURTHER INFORMATION CONTACT: U.S. a prospective purchaser agreement and section 311, has proposed to assess a Environmental Protection Agency, it requires the settling parties to perform civil penalty and provided notice to National Center for Environmental certain response actions, including U.S. Cellular of its right to request a Research and Quality Assurance operation and maintenance of a portion hearing. The Administrator, as required (8703R), 401 M Street SW, Washington of the final cleanup remedy following by CWA section 311, is providing public DC 20460, telephone (800) 490–9194. the purchase of the real property. The notice and opportunity for interested The complete announcement of settlement includes a covenant not to persons to comment on the complaint opportunity can be accessed on the sue the settling parties pursuant to and the final proposed order. Internet from the EPA home page: http:/ sections 106 and 107 of CERCLA, 42 DATES: Comments on the complaint and /www.epa.gov/empact. U.S.C. 9606 and 9607. For thirty (30) the proposed order are due on or before SUPPLEMENTARY INFORMATION: In its days following the date of publication of March 3, 1999. Announcement of Opportunity the U.S. this document, the Agency will receive ADDRESSES: Mail written comments to Environmental Protection Agency (EPA) written comments relating to the Enforcement & Compliance Docket and invites grant applications from settlement. The Agency will consider all Information Center (2201A), Docket partnerships between local and state comments received and may modify or Number EC–1999–01, Office of governments, research institutions, non- withdraw its consent to the settlement Enforcement and Compliance governmental organizations (NGOs), the if comments received disclose facts or Assurance, U.S. Environmental private sector, and/or the federal considerations which indicate that the Protection Agency, 401 M St., SW., government. The goal of EMPACT is to settlement is inappropriate, improper, Washington, DC 20460. In person, assist communities to provide or inadequate. deliver comments to Enforcement & sustainable public access to DATES: Comments must be submitted on Compliance Docket Information Center, environmental monitoring data and or before March 3, 1999. U.S. Environmental Protection Agency, information that are clearly- ADDRESSES: Comments should be sent to Rm. 4033, Ariel Rios Bldg., 1200 communicated, time-relevant, useful, the individual listed below. Comments Pennsylvania Ave., NW., Washington, and accurate in the largest U.S. should reference the Rosen Brothers DC. Comments may also be submitted metropolitan areas. Applications must Superfund Site and EPA Index No. II– electronically to: [email protected]. be received by April 8, 1999. The full CERCLA–98–0202. For a copy of the Comments may be submitted on disk in Federal Register / Vol. 64, No. 20 / Monday, February 1, 1999 / Notices 4871

WordPerfect 8.0 or earlier version. regulations. The proposed settlement (SPCC) plan for 117 facilities where it Electronic comments on the complaint figure for this CWA violation is $1,127. stored diesel oil in above ground tanks and this proposed order may be filed This settlement is subject to public in violation of the Clean Water Act online at many Federal Depository notice and comment under CWA section (CWA) and its implementing Libraries. 311, 33 U.S.C. 1321. regulations. EPA, pursuant to CWA The complaint, consent agreement, Under CWA section 311(b)(6)(A), 33 section 311, has proposed to assess a the proposed final order, and public U.S.C. 1321(b)(6)(A), any owner, civil penalty and provided notice to comments, if any, may be reviewed at operator, or person in charge of a vessel, SWBT of its right to request a hearing. the Enforcement & Compliance Docket onshore facility, or offshore facility from The Administrator, as required by CWA Information Center, U.S. Environmental which oil is discharged in violation of section 311, is providing public notice Protection Agency, Rm. 4033, Ariel Rios CWA section 311(b)(3), 33 U.S.C. and opportunity for interested persons Bldg., 1200 Pennsylvania Ave., NW., 1321(b)(3), or who fails or refuses to to comment on the complaint and the Washington, DC. Persons interested in comply with any regulations that have final proposed order. been issued under CWA section 311(j), reviewing these materials must make DATES: Comments on the complaint and advance arrangements to do so by 33 U.S.C. 1321(j) may be proposed order are due on or before calling 202–564–2614. A reasonable fee administratively assessed a civil penalty March 3, 1999. may be charged by EPA for copying of up to $137,500 by EPA. Class II ADDRESSES: docket materials. proceedings under CWA section Mail written comments to The public record of the 311(b)(6) are conducted in accordance Enforcement & Compliance Docket and administrative enforcement proceeding with 40 CFR Part 22. Information Center (2201A), Docket is located in the Office of the EPA The procedures by which the public Number EC–1999–02, Office of Headquarters Hearing Clerk, Ms. Bessie may submit written comments on the Enforcement and Compliance Hammiel, Rm. C–400, 401 M St., SW., complaint and on a proposed Class II Assurance, U.S. Environmental Washington, DC, Monday through penalty order or participate in a Class II Protection Agency, 401 M St., SW., Friday, excluding legal holidays from 8 penalty proceeding are set forth in 40 Washington, DC 20460. In person, a.m. to 4:30 p.m.; telephone (202) 260– CFR 22.38. The deadline for submitting deliver comments to Enforcement & 4865. public comment on the complaint and Compliance Docket Information Center, U.S. Environmental Protection Agency, FOR FURTHER INFORMATION CONTACT: Mr. this proposed Class II order is March 3, 1999. All comments will be transferred Rm. 4033, Ariel Rios Bldg., 1200 Philip Milton, Multimedia Enforcement Pennsylvania Ave., NW., Washington, Division (2248–A), U.S. Environmental to the Environmental Appeals Board (EAB) for consideration and/or DC. Comments may also be submitted Protection Agency, 401 M St., SW., electronically to: [email protected]. Washington, DC 20460; telephone (202) incorporation into the final order. The powers and duties of the EAB are Comments may be submitted on disk in 564–2235; fax (202) 564–0010; e-mail: WordPerfect 8.0 or earlier version. [email protected]. outlined in 40 CFR 22.04(a). In order to provide an opportunity for Electronic comments on the complaint SUPPLEMENTARY INFORMATION: Electronic public comment, EPA will not take final and proposed order may be filed online Availability: Electronic copies of this action in this proceeding prior to the at many Federal Depository Libraries. document are available from the EPA close of the public comment period. The complaint, the consent Home Page under the link ‘‘Laws and agreement, the proposed final order, and List of Subjects Regulations’’ at the Federal Register— public comments, if any, may be Environmental Documents entry Environmental protection. reviewed at the Enforcement & (http://www.epa.gov/fedrgstr/). Dated: January 27, 1999. Compliance Docket Information Center, I. Background Melissa P. Marshall, U.S. Environmental Protection Agency, Director, Multimedia Enforcement Division, Rm. 4033, Ariel Rios Bldg., 1200 U.S. Cellular, 8410 W. Bryn Mawr Pennsylvania Ave., NW., Washington, Ave., Chicago IL 60631, self-disclosed to Office of Enforcement and Compliance Assurance. DC. Persons interested in reviewing the EPA that it had failed to prepare a SPCC materials must make advance plan for one facility where it stored [FR Doc. 99–2316 Filed 1–29–99; 8:45 am] BILLING CODE 6560±50±P arrangements to do so by calling 202– diesel oil in two above ground tanks in 564–2614. A reasonable fee may be violation of Section 311 of the CWA and charged by EPA for copying docket 40 CFR Part 112. The disclosure was ENVIRONMENTAL PROTECTION materials. made pursuant to the EPA ‘‘Incentives AGENCY The public record of the for Self-Policing: Discovery, Disclosures, administrative enforcement proceeding Correction and Prevention of Violations’ [FRL±6228±6; CWA±HQ±99±002] is located in the Office of the EPA (‘‘Audit Policy’’), 60 FR 66,706, Headquarters Hearing Clerk, Ms. Bessie (December 22, 1995). EPA filed an Clean Water Act Class II: Proposed Hammiel, Rm. C–400, 401 M St., SW., administrative civil complaint against Administrative Penalty Assessment Washington, DC, Monday through U.S. Cellular on January 25, 1999 (In the and Opportunity to Comment Friday, excluding legal holidays from 8 matter of United States Cellular Regarding Southwestern Bell a.m. to 4:30 p.m.; telephone (202) 260– Corporation, Docket No. CWA–HQ–99– Telephone Company 4865. 001). The CWA administrative penalty AGENCY: Environmental Protection FOR FURTHER INFORMATION CONTACT: Mr. proposed in the complaint is $14,127. Agency (EPA). Philip Milton, Multimedia Enforcement EPA intends to settle this action ACTION: Notice. pursuant to the Audit Policy. Using the Division (2248–A), U.S. Environmental criteria set forth in the policy, EPA SUMMARY: EPA has filed a civil Protection Agency, 401 M St., SW., intends to waive any gravity based administrative complaint against Washington, DC 20460; telephone (202) penalty and collect the economic benefit Southwestern Bell Telephone Company 564–2235; fax (202) 564–0010; e-mail: gained by the Respondent because of (SWBT) for failure to prepare a Spill [email protected]. delayed compliance with the SPCC Prevention Control and Countermeasure SUPPLEMENTARY INFORMATION: 4872 Federal Register / Vol. 64, No. 20 / Monday, February 1, 1999 / Notices

Electronic Availability: Electronic The powers and duties of the EAB are individual service contracts and the copies of this document are available outlined in 40 CFR 22.04(a). taking of independent action with from the EPA Home Page under the link In order to provide an opportunity for respect to loyalty or service contracts. ‘‘Laws and Regulations’’ at the Federal public comment, EPA will not take final Agreement No.: 203–011432–002 Register—Environmental Documents action in this proceeding prior to the Title: East Coast North America to West entry (http://www.epa.gov/fedrgstr/). close of the public comment period. Coast of South America and I. Background List of Subjects Caribbean Cooperative Working Southwestern Bell Telephone Environmental protection. Agreement Parties: Company (‘‘SWBT’’), 530 McCullough, Dated: January 27, 1999. Room 1460, San Antonio, TX 78215, APL Co. PTE Ltd. Melissa P. Marshall, self-disclosed to EPA that it had failed Crowley American Transport, Inc. Director, Multimedia Enforcement Division, to prepare Spill Prevention Control and Compania Chilena de Navegacion Countermeasure (‘‘SPCC’’) plans for 117 Office of Enforcement and Compliance Assurance. Interoceanica S.A. facilities where it stored diesel oil in [FR Doc. 99–2317 Filed 1–29–99; 8:45 am] Compania Sud Americana de Vapores above ground storage tanks in violation S.A. of Section 311 of the Clean Water Act BILLING CODE 6560±50±P Synopsis: The proposed modification (‘‘CWA’’) and 40 CFR Part 112. The disclosure was made pursuant to the adds APL Co. PTE Ltd. and Crowley EPA ‘‘Incentives for Self-Policing: FEDERAL MARITIME COMMISSION American Transport, Inc. as parties to Discovery, Disclosures, Correction and the agreement, provides that the Prevention of Violations’ (‘‘Audit Notice of Agreement(s) Filed parties will initially deploy six Policy’’), 60 FR 66,706, (December 22, vessels of about 1,700 TEUs per The Commission hereby gives notice vessel, and makes other 1995). EPA filed an administrative civil of the filing of the following complaint against SWBT on January 25, administrative and conforming agreement(s) under the Shipping Act of amendments. 1999 (In the Matter of Southwestern Bell 1984. Interested parties can review or Telephone Company, Docket No. CWA– obtain copies of agreements at the Dated: January 26, 1999. HQ–99–002). The CWA administrative Washington, DC offices of the By Order of the Federal Maritime penalty proposed in the complaint is Commission, 800 North Capitol Street, Commission. $137,500. EPA intends to settle this NW, Room 962. Interested parties may Bryant L. VanBrakle, action pursuant to the Audit Policy. submit comments on an agreement to Secretary. Using the criteria set forth in the policy, the Secretary, Federal Maritime [FR Doc. 99–2259 Filed 1–29–99; 8:45 am] EPA intends to waive any gravity based Commission, Washington, DC 20573, BILLING CODE 6730±01±M penalty and to assess a penalty within 10 days of the date this notice equivalent to the economic benefit appears in the Federal Register. gained by the Respondent because of Agreement No.: 224–002758–017 FEDERAL MARITIME COMMISSION delayed compliance with the SPCC Title: Supplemental Agreement Between regulations. The proposed settlement Sunshine Act Meeting Port of Oakland and American figure for this matter is $48,453. This President Lines, Ltd. settlement is subject to public notice AGENCY HOLDING THE MEETING: Federal Parties: and comment under CWA section 311, Maritime Commission. Port of Oakland 33 U.S.C. 1321. American President Lines, Ltd. TIME AND DATE: 10:00 a.m.—February 3, Under CWA section 311(b)(6)(A), 33 1999. U.S.C. 1321(b)(6)(A), any owner, Synopsis: The proposed agreement PLACE: operator, or person in charge of a vessel, amendment extends the last effective 800 North Capitol Street, NW, onshore facility, or offshore facility from date of an earlier amendment relating First Floor Hearing Room, Washington, which oil is discharged in violation of to primary and secondary usage of DC. CWA section 311(b)(3), 33 U.S.C. certain facilities at the port. STATUS: OPEN. 1321(b)(3), or who fails or refuses to Agreement No.: 224–003038–007 MATTER(S) TO BE CONSIDERED: comply with any regulations that have Title: Supplemental Agreement Between been issued under CWA section 311(j), Port of Oakland and American 1. Docket No. 98–21—Miscellaneous 33 U.S.C. 1321(j) may be President Lines, Ltd. Amendments to Rules of Practice and administratively assessed a civil penalty Parties: Procedure—Consideration of Comment. of up to $137,500 by EPA. Class II Port of Oakland 2. Docket No. 98–25—Amendments to proceedings under CWA section American President Lines, Ltd. Regulations Governing Restrictive 311(b)(6) are conducted in accordance Synopsis: The proposed agreement Foreign Shipping Practices, and New with 40 CFR Part 22. amendment extends the last effective Regulations Governing Controlled The procedures by which the public date of an earlier amendment relating Carriers—Consideration of Comments. may submit written comments on the to primary and secondary usage of 3. Docket No. 98–27—Marine complaint and on a proposed Class II certain facilities at the port. Terminal Operator Schedules— penalty order or participate in a Class II Agreement No.: 203–011432–008 Consideration of Comments. penalty proceeding are set forth in 40 Title: Pacific Latin America Agreement CONTACT PERSON FOR MORE INFORMATION: CFR 22.38. The deadline for submitting Parties: public comment on the complaint and A.P. Moller-Maersk Line Bryant L. VanBrakle, Secretary, (202) this proposed Class II order is March 3, Sea-Land Service, Inc. 523–5725. 1999. All comments will be transferred Synopsis: The proposed modification Bryant L. VanBrakle, to the Environmental Appeals Board authorizes the member lines to enter Secretary. (‘‘EAB’’) of EPA for consideration and/ into individual service contracts. It [FR Doc. 99–2363 Filed 1–27–99; 4:36 pm] or incorporation into the final order. would also delete the prohibition on BILLING CODE 6730±01±M Federal Register / Vol. 64, No. 20 / Monday, February 1, 1999 / Notices 4873

FEDERAL RESERVE SYSTEM Hometown Independent Bancorp, Inc., FEDERAL RESERVE SYSTEM Morton, Illinois, and thereby indirectly Formations of, Acquisitions by, and acquire Morton Community Bank, Notice of Proposals to Engage in Mergers of Bank Holding Companies Morton, Illinois. Permissible Nonbanking Activities or C. Federal Reserve Bank of St. Louis to Acquire Companies that are The companies listed in this notice (Randall C. Sumner, Vice President) 411 Engaged in Permissible Nonbanking have applied to the Board for approval, Locust Street, St. Louis, Missouri 63102- Activities pursuant to the Bank Holding Company 2034: Act of 1956 (12 U.S.C. 1841 et seq.) 1. Franklin Bancshares, Inc., Franklin, The companies listed in this notice (BHC Act), Regulation Y (12 CFR Part Illinois; to become a bank holding 225), and all other applicable statutes have given notice under section 4 of the company by acquiring 100 percent of Bank Holding Company Act (12 U.S.C. and regulations to become a bank the voting shares of Franklin Bank, holding company and/or to acquire the 1843) (BHC Act) and Regulation Y, (12 Franklin, Illinois. CFR Part 225) to engage de novo, or to assets or the ownership of, control of, or D. Federal Reserve Bank of acquire or control voting securities or the power to vote shares of a bank or Minneapolis (JoAnne F. Lewellen, assets of a company, including the bank holding company and all of the Assistant Vice President) 90 Hennepin banks and nonbanking companies Avenue, P.O. Box 291, Minneapolis, companies listed below, that engages owned by the bank holding company, Minnesota 55480-0291: either directly or through a subsidiary or including the companies listed below. 1. CNB, Inc. Walker, Minnesota; to other company, in a nonbanking activity The applications listed below, as well become a bank holding company by that is listed in § 225.28 of Regulation as other related filings required by the acquiring at least 95 percent of the Y (12 CFR 225.28) or that the Board has Board, are available for immediate voting shares of Centennial National determined by Order to be closely inspection at the Federal Reserve Bank Bank, Walker, Minnesota. related to banking and permissible for indicated. The application also will be 2. Otto Bremer Foundation, St. Paul, bank holding companies. Unless available for inspection at the offices of Minnesota; and Bremer Financial otherwise noted, these activities will be the Board of Governors. Interested Corporation, St. Paul, Minnesota; to conducted throughout the United States. persons may express their views in acquire 100 percent of the voting shares Each notice is available for inspection writing on the standards enumerated in of Dean Financial Services, Inc., St. at the Federal Reserve Bank indicated. the BHC Act (12 U.S.C. 1842(c)). If the Paul, Minnesota, and thereby indirectly The notice also will be available for proposal also involves the acquisition of acquire First National Corporation of inspection at the offices of the Board of a nonbanking company, the review also Aitkin, Inc., Aitkin, Minnesota, First Governors. Interested persons may includes whether the acquisition of the National Bank of Aitkin, Aitkin, express their views in writing on the nonbanking company complies with the Minnesota, Mid-Continent Financial standards in section 4 of the BHC Act. Services, Inc., St. Paul, Minnesota, State question whether the proposal complies Unless otherwise noted, nonbanking Bank of Edgerton, Edgerton, Minnesota, with the standards of section 4 of the activities will be conducted throughout First State Bank of Eden Prairie, Eden BHC Act. the United States. Prairie, Minnesota, and Princeton Bank, Unless otherwise noted, comments Unless otherwise noted, comments Princeton, Minnesota. regarding the applications must be regarding each of these applications E. Federal Reserve Bank of Dallas (W. received at the Reserve Bank indicated must be received at the Reserve Bank Arthur Tribble, Vice President) 2200 or the offices of the Board of Governors indicated or the offices of the Board of North Pearl Street, Dallas, Texas 75201- not later than February 15, 1999. Governors not later than February 25, 2272: A. Federal Reserve Bank of San 1999. 1. La Plata Bancshares, Inc., Hereford, Francisco (Maria Villanueva, Manager A. Federal Reserve Bank of Atlanta Texas, and La Plata Delaware of Analytical Support, Consumer (Lois Berthaume, Vice President) 104 Bancshares, Inc., Dover, Delaware; to Regulation Group) 101 Market Street, Marietta Street, N.W., Atlanta, Georgia become bank holding companies by San Francisco, California 94105-1579: 30303-2713: acquiring 100 percent of the voting 1. First Banking Company of shares of The First National Bank of 1. Wells Fargo & Company, San Southeast Georgia, Statesboro, Georgia; Hereford, Hereford, Texas. Francisco, California, Norwest to merge with Wayne Bancorp, Inc., 2. Bauer Management, Inc., Port Mortgage, Inc., Des Moines, Iowa, Jesup, Georgia. Lavaca, Texas; to acquire 1 percent of Norwest Ventures, LLC, Des Moines, B. Federal Reserve Bank of Chicago the voting shares of Bauer Investments, Iowa; to engage de novo in a joint (Philip Jackson, Applications Officer) Ltd., Port Lavaca, Texas, and thereby venture through its subsidiary, RWF 230 South LaSalle Street, Chicago, acquire 60.30 percent of the voting Mortgage Company, Riverside, Illinois 60690-1413: shares of The First National Bank, Port California, in residential mortgage Lavaca, Texas, and thereby indirectly 1. Hometown Independent Bancorp, lending, pursuant to § 225.28(b)(1) of acquire 63.5 percent of the voting shares Inc., Morton, Illinois; to acquire 100 Regulation Y. of Seaport Bank, Seadrift, Texas. percent of the voting shares of Sunstar Board of Governors of the Federal Reserve Board of Governors of the Federal Reserve Bank, Washington, Illinois. System, January 26, 1999. 2. The Morton Community Bank System, January 26, 1999. Robert deV. Frierson, Employee Stock Ownership Plan and Robert deV. Frierson, Trust, Morton, Illinois; to become a Associate Secretary of the Board. Associate Secretary of the Board. bank holding company by acquiring [FR Doc. 99–2237 Filed 1–29–99; 8:45 am] [FR Doc. 99–2236 Filed 1–29–99; 8:45 am] 33.70 percent of the voting shares of BILLING CODE 6210±01±F BILLING CODE 2236±01±F 4874 Federal Register / Vol. 64, No. 20 / Monday, February 1, 1999 / Notices

DEPARTMENT OF HEALTH AND DEPARTMENT OF HEALTH AND Administrator of EPA, State officials, HUMAN SERVICES HUMAN SERVICES and local officials. This notice announces the availability of a chemical National Toxicology Program; National Office of the Secretary specific public health consultation titled Toxicology Program Special Emphasis ‘‘Hazardous Substance Exposures and Panel; Notice of Establishment Notice of Interest Rate on Overdue Autism’’ that ATSDR has prepared for Debts public comment. The consultation is a Pursuant to the Federal Advisory Section 30.13 of the Department of review of the available scientific Committee Act, as amended (5 U.S.C. Health and Human Services’ claims literature pertaining to what is known Appendix 2), the Director, National collection regulations (45 CFR part 30) about the association between exposure Toxicology Program (NTP), announces provides that the Secretary shall charge to hazardous substances and autism. the establishment of the National an annual rate of interest as fixed by the DATES: In order to be considered, Toxicology Program Special Emphasis Secretary of the Treasury after taking comments on this draft consultation Panel (NTPSEP) by the Secretary, into consideration private consumer must be received on or before March 3, DHHS. rates of interest prevailing on the date 1999. Comments received after the close of the public comment period will be The NTP Center for the Evaluation of that HHS becomes entitled to recovery. The rate generally cannot be lower than considered at the discretion of ATSDR Alternative Toxicological Methods based upon what is deemed to be in the (Center), on an as needed basis, will the Department of Treasury’s current value of funds rate or the applicable rate best interest of the general public. convene a group of expert scientists to determined from the ‘‘Schedule of ADDRESSES: Requests for copies of the accomplish the independent peer Certified Interest Rates with Range of draft public health consultation should review of new test methods or evaluate Maturities.’’ This rate may be revised be sent to the ATSDR Information existing test methods for toxicological quarterly by the Secretary of the Center, Division of Toxicology, Agency assessments. Peer review panels will be Treasury and shall be published for Toxic Substances and Disease asked to develop scientific consensus on quarterly by the Department of Health Registry, Mailstop E–57, 1600 Clifton the usefulness of test methods to and Human Services in the Federal Road, NE., Atlanta, Georgia 30333. generate information for specific human Register. Written comments regarding the draft health and/or ecological risk assessment The Secretary of the Treasury has public health consultation should be purposes. They will address the certified a rate of 133⁄4% for the quarter sent to the same address. ATSDR biological relevance of the new test to ended December 21, 1998. This interest reserves the right to provide only one the toxicity of interest, and address how rate will remain in effect until such time copy of the draft consultation, free of and when the new test method can as the Secretary of the Treasury notifies charge. partially or fully replace existing HHS of any change. Written comments submitted in methods or approaches. When response to this notice should bear the Dated: January 26, 1999. docket control number ATSDR–142. appropriate, panels will be asked to George Strader, identify additional validation studies Because all public comments regarding Deputy Assistant Secretary, Finance. ATSDR public health consultations are necessary to adequately evaluate a [FR Doc. 99–2311 Filed 1–29–99; 8:45 am] available for public inspection [after the method, and to identify additional BILLING CODE 4150±04±M consultation is published in final], no research necessary to support the confidential business information development of mechanism-based test should be submitted in response to this methods. It is anticipated that expert DEPARTMENT OF HEALTH AND notice. review panels will also be convened to HUMAN SERVICES FOR FURTHER INFORMATION CONTACT: evaluate the adequacy of current ATSDR Information Center, Division of methods, and to evaluate proposed Agency for Toxic Substances and Disease Registry Toxicology, Agency for Toxic validation studies. Agencies will use Substances and Disease Registry, this information to establish priorities [ATSDR±142] Mailstop E–57, 1600 Clifton Road, NE., for appropriate research, development, Atlanta, Georgia 30333, telephone (404) and validation efforts in collaboration Availability of Chemical Specific 639–6357. Consultation with interested parties. SUPPLEMENTARY INFORMATION: The Duration of this Committee is AGENCY: Agency for Toxic Substances Superfund Amendments and continuing unless formally determined and Disease Registry (ATSDR), Reauthorization Act (SARA) (Pub. L. by the Secretary, DHHS, that Department of Health and Human 99–499) amends the Comprehensive termination would be in the best public Services (HHS). Environmental Response, interest. ACTION: Notice of availability. Compensation, and Liability Act (CERCLA or Superfund) (42 U.S.C. 9601 Dated: January 21, 1999. SUMMARY: The Comprehensive et seq.) by establishing certain Kenneth Olden, Environmental Response, responsibilities for the ATSDR and the Director, National Toxicology Program. Compensation, and Liability Act of 1980 Environmental Protection Agency (EPA) [FR Doc. 99–2247 Filed 1–29–99; 8:45 am] (CERCLA), as amended by the with regard to hazardous substances BILLING CODE 4140±01±M Superfund Amendments and which are most commonly found at Reauthorization Act of 1986 (SARA), facilities on the CERCLA National section 104(i)(4) [42 U.S.C. 9604(i)(4)] Priorities List (NPL). Among these directs the Administrator of ATSDR to responsibilities is that the Administrator provide consultations upon request on of ATSDR prepare consultations upon health issues relating to exposure to request on health issues relating to hazardous or toxic substances, on the exposure to hazardous or toxic basis of available information, to the substances, on the basis of available Federal Register / Vol. 64, No. 20 / Monday, February 1, 1999 / Notices 4875 information, to the Administrator of DEPARTMENT OF HEALTH AND comments should be received within 60 EPA, State officials, and local officials. HUMAN SERVICES days of this notice. A public health consultation provides Proposed Project advice on a specific public health issue Centers for Disease Control and related to real or possible human Prevention 1. An Evaluation Study Of An HIV/ exposure to toxic material and is a way [INFO±99±08] STD Prevention Curriculum For Youth for ATSDR to respond rapidly to Attending Alternative Schools To Be requests for assistance. Proposed Data Collections Submitted Conducted From 1999 To 2002—New— for Public Comment and National Center for Chronic Disease ATSDR has prepared this document Recommendations Prevention and Health Promotion titled ‘‘Hazardous Substance Exposures (NCCDPHP) Division of Adolescent and In compliance with the requirement and Autism’’ in response to a request School Health. The purpose of this of section 3506(c)(2)(A) of the from U.S. Representative Christopher request is to obtain OMB clearance to Paperwork Reduction Act of 1995 for Smith and residents of Brick Township, conduct a randomized trial of a opportunity for public comment on New Jersey who are concerned that curriculum to reduce behaviors related proposed data collection projects, the hazardous substances may be present in to HIV/STD transmission among 14 to Centers for Disease Control and the environment of Brick Township and 18 year old students in 30 court and that an increase in the number of Prevention (CDC) will publish periodic summaries of proposed projects. To community schools in Northern children with autism may be request more information on the California. Participants will respond to attributable to exposure to these proposed projects or to obtain a copy of surveys of attitudes, knowledge, and substances. This document was placed the data collection plans and behavior related to HIV/STD in a repository in Brick, New Jersey and instruments, call the CDC Reports transmission and prevention at baseline released to the public via a mail-out on Clearance Officer on (404) 639–7090. and at 6, 12, and 18 month post-tests. December 18, 1998. Comments are invited on: (a) Whether Reduction of behaviors among adolescents related to HIV and STD Dated: January 26, 1999. the proposed collection of information transmission, and reduction of the Georgi Jones, is necessary for the proper performance of the functions of the agency, including prevalence of STDs is the focus of at Director, Office of Policy and External Affairs, whether the information shall have least seven objectives in Healthy People Agency for Toxic Substances and Disease practical utility; (b) the accuracy of the 2000: Midcourse Review and 1995 Registry. agency’s estimate of the burden of the Revisions. There have been few studies [FR Doc. 99–2267 Filed 1–29–99; 8:45 am] proposed collection of information; (c) assessing the effectiveness of curricula BILLING CODE 4163±70±P ways to enhance the quality, utility, and to reduce HIV/STD related risk clarity of the information to be behaviors in this high-risk adolescent collected; and (d) ways to minimize the population. Data gathered from this burden of the collection of information study will provide information about on respondents, including through the how HIV/STD risk behavior may be use of automated collection techniques effectively reduced among alternative for other forms of information school students. technology. Send comments to Seleda The total cost to respondents is Perryman, CDC Assistant Reports estimated at $50,400 assuming a Clearance Officer, 1600 Clifton Road, minimum wage for students of $5.25 in MS–D24, Atlanta, GA 30333. Written the study period.

Number of re- Respondents Number of re- sponses per Burden per re- Total burden spondents respondent sponse hours

Alternative school students ...... 2400 4 1.0 9600

Total ...... 9600

2. Use of Laboratory Information respondents is small. Instead, trained stakeholders with information about the Systems (LIS) to Transmit Infectious telephone interviewers knowledgeable projected costs to vendors and Diseases Test Results (HL7 Messages) to about LIS and about the specific laboratories and about the time frames Public Health Agencies— New—Public messages that CDC is interested in required for and the barriers to Health Program Office (PHPPO), transmitting will gather data. The implementation. Division of Laboratory Systems. CDC interviewers will have the flexibility to CDC will use the survey to gauge the proposes to gather data through the use answer technical questions, probe for technological readiness and the cost of a mail/telephone survey of all United further information and provide factors affecting secure electronic States vendors of LIS used for recording explanations of coding vocabularies, transmission of infectious disease data and processing microbiology data. The security needs and other issues that may to government agencies. These use of a mail/telephone-assisted survey not be readily understood by the LIS transmissions will act as part of an early instrument will be an efficient, cost- vendors. warning system leading to more timely effective approach for performing the The data will provide the government, response to infectious disease outbreaks. data collection. No computerized data LIS vendors, laboratory practitioners, This survey responds to President collection systems have been developed committees that make recommendations Clinton’s request for the increased use for this survey because the number of regarding messaging and other of modern technology to identify and 4876 Federal Register / Vol. 64, No. 20 / Monday, February 1, 1999 / Notices prevent outbreaks of food-borne illness. The total cost to respondents is estimated at $0.

Average num- Number of re- ber of re- Average bur- Average total Respondents spondents sponses/re- den/response burden (in spondent (in hrs.) hrs.)

Mail survey (including initial contact) ...... 56 2 0.50 1 Telephone follow-up ...... 56 2 0.50 1

Total ...... 112

Nancy Cheal, B. Eligible Applicants competition. All eligible applicants are, Acting Associate Director for Policy, Planning Assistance will be provided only to therefore, encouraged to submit an and Evaluation, Centers for Disease Control the health departments of States or their application. It is expected that the and Prevention (CDC). bona fide agents, including the District average award (total direct and indirect [FR Doc. 99–2266 Filed 1–29–99; 8:45 am] of Columbia, the Commonwealth of costs) will be $255,000, ranging from BILLING CODE 4163±18±P Puerto Rico, the Virgin Islands, the $100,000 to $300,000. It is expected that Commonwealth of the Northern Mariana the awards will begin on or about July Islands, American Samoa, Guam, 1, 1999, and will be made for a 12- DEPARTMENT OF HEALTH AND month budget period within a project HUMAN SERVICES federally recognized Indian tribal governments, the Federated States of period of up to four years. The funding Micronesia, the Republic of the estimate may change. Centers for Disease Control and Continuation awards within an Prevention Marshall Islands, and the Republic of Palau. In addition, official public health approved project period will be made [Program Announcement 99032] agencies of city governments with on the basis of satisfactory progress as jurisdictional populations greater than evidenced by required reports and the Epidemiology and Laboratory Capacity 1,500,000 or county governments with availability of funds. for Infectious Diseases; Notice of jurisdictional populations greater than Availability of Funds Funding Preferences 8,000,000 (based on 1990 census data) Funding preference will be given to A. Purpose are eligible to apply. The ELC program was initiated in competing continuation applications The Centers for Disease Control and 1995 with Program Announcement 543 over new applications. Current grantees Prevention (CDC) announces the and expanded in 1997 with Program have implemented important capacity- availability of fiscal year (FY) 1999 Announcement 720. A total of 30 building activities and continued funds for a cooperative agreement grantees has been funded to date. This cooperative agreement support is program to promote adequate capacity announcement is a further expansion of required to continue building and for of local, State, and national efforts for the ELC program and is intended to add maintaining these capacities. epidemiologic and laboratory new States, counties, and/or cities not surveillance and response for infectious Recipient Financial Participation already funded in the program and to diseases. This program addresses the competitively renew those current Although a requirement for matching ‘‘Healthy People 2000’’ priority area of grantees with project periods expiring in funds is not a condition for receiving an Immunization and Infectious Diseases. 1999. Thus, the following current ELC award under this cooperative agreement The purpose of the Epidemiology and grantees, which do not have project program, applicants must document the Laboratory Capacity in Infectious periods expiring in 1999, are ineligible non-Federal human and fiscal resources Diseases (ELC) program is to assist State to apply for funds under this that will be available to conduct and eligible local public health agencies announcement: Illinois, Indiana, activities outlined in the proposal. in strengthening basic epidemiologic Kentucky, Michigan, Montana, Federal funds cannot be used to replace and laboratory capacity to address Nebraska, New Mexico, Ohio, Rhode or supplant existing State and local infectious disease threats with a focus Island, South Dakota, Tennessee, Texas, support. See Evaluation Criteria on notifiable diseases, food-, water-, and Utah, Vermont, and Wisconsin. (paragraph 6: Budget) for additional vector-borne diseases, vaccine- information. preventable diseases, and drug-resistant Note: Public Law 104–65 states that an infections. Awards are intended to organization described in section 501(c)(4) of D. Program Requirements support activities that enhance the the Internal Revenue Code of 1986 that engages in lobbying activities is not eligible In conducting activities to achieve the ability of a program to identify and to receive Federal funds constituting an purpose of this program, the recipient monitor the occurrence of infectious award, grant, cooperative agreement, shall be responsible for the activities diseases of public health importance in contract, loan, or any other form. under Recipient Activities and CDC a community, characterize disease shall be responsible for the activities C. Availability of Funds determinants, identify and respond to under CDC Activities below: disease outbreaks and other infectious Approximately $4,600,000 is available disease emergencies, use public health in FY 1999 to fund approximately Recipient Activities data for priority setting and policy fifteen competing continuation and 1. Enhance local capacity for development, and assess the three new awards. Although only three gathering and evaluating infectious effectiveness of activities. Strengthening new awards are currently projected for disease surveillance data, detecting and collaboration between laboratory and FY 1999, should additional funding investigating outbreaks, and using epidemiology practice is seen as a become available, CDC may fund surveillance data for public health crucial component of this program. additional new awards from this practice and clinical follow-up. Federal Register / Vol. 64, No. 20 / Monday, February 1, 1999 / Notices 4877

2. Ensure appropriate representation barriers to effective surveillance and emerging standards and to work with to planning and priority-setting response, the program can provide CDC and with other States that are in meetings organized for recipients of this resources to hire staff or purchase the process of developing such systems. cooperative agreement. necessary equipment. Funds can also be F. Submission and Deadline used to initiate or enhance ongoing CDC Activities activities. Examples of such activities Letter of Intent (LOI) 1. Provide consultation and assistance are provided below. These examples are in enhancing local epidemiologic and In order to assist CDC in planning for not meant to serve as templates for and executing the evaluation of laboratory capacity for surveillance and proposals. Rather, recipients are urged response for infectious diseases. applications submitted under this to analyze their current surveillance program announcement, all parties 2. Assist in monitoring and evaluating infrastructure, identify gaps in core scientific and operational intending to submit an application are epidemiologic and laboratory capacity, requested to inform CDC of their accomplishments and progress in and develop proposals that address the achieving the purpose of this program. intention to do so at their earliest needs of their respective health convenience prior to the application 3. Provide national coordination of jurisdictions. activities where appropriate. due date. Notification should include Examples name and address of the institution and A. Application Content 1. Enhanced communicable disease name, address, and telephone number of Information in the Program surveillance and response. Activities the contact person. Notification can be Requirements, Other Requirements, and would include improving surveillance provided by facsimile, postal mail, or E- Evaluation Criteria sections should be in such areas as foodborne diseases, mail to Deborah A. Deppe, M.P.A., used to develop the application content. influenza, antimicrobial resistant National Center for Infectious Diseases, Applications will be evaluated on the organisms and vaccine-preventable Centers for Disease Control and criteria listed in Section G., below, so it diseases. Applicants are encouraged to Prevention (CDC), 1600 Clifton Road, is important that narratives follow the discuss proposed activities in advance N.E., Mailstop C–12, Atlanta, Georgia criteria in the order presented. with relevant branches within CDC and, 30333, Facsimile: (404) 639–4197 E-mail Provide a brief (no more than two where appropriate, to coordinate those address: . pages) abstract of the application. The activities with CDC or other public Application narrative should be no more than 12 health agencies. Submit the original and two copies of double-spaced pages (excluding 2. Acquisition of molecular diagnostic PHS 5161–1 (OMB Number 0937–0189) abstract, budget, and appendices), and subtyping technologies. Activities on or before April 1, 1998. (Forms are printed on one side, with one inch might include: margins and unreduced font on white (a) purchasing necessary equipment in the application kit.) Submit all ′′ × ′′ 8.5 11 paper. All pages must be and supplies; applications to: Oppie Byrd, Grants clearly numbered, a complete index to (b) training of laboratory personnel; Management Specialist, Grants the application and its appendices must and Management Branch, Procurement and be included, and the required original (c) support of personnel to perform Grants Office, Announcement 99032, and two copies must be submitted these activities. Recipients should plan Centers for Disease Control and unstapled and unbound. to adhere to existing standards where Prevention (CDC), 2929 Brandywine A detailed budget with a line-item appropriate, such as in PFGE-subtyping Road, Mailstop E–18, Atlanta, Georgia justification and any other information of E. coli O157:H7 isolates. Recipients 30341. to demonstrate that the request for should clearly specify how they plan to Applications that do not arrive in assistance is consistent with the use information gained from these time for submission to the independent purpose and objectives of this technologies to augment their existing review group, will not be considered in cooperative agreement program. surveillance activities. the current competition unless proof is Although matching funds are not a 3. Training of epidemiology and provided package was mailed on or condition for receiving an award under laboratory personnel. before the deadline (i.e., receipt from this program, include in the budget, a 4. Improved use of information U.S. Postal Service or a commercial separate line-item accounting of non- technology. Activities could include: carrier; private metered postmarks are Federal contributions (funding, (a) development of innovative not acceptable). personnel, and other resources) that will methods of communicating public G. Evaluation Criteria be directly allocated to the proposed health information to clinicians, public activities. Identify any non-applicant health practitioners, and the public; Each application will be evaluated sources of these contributions. (b) development of local area individually against the following If requesting funds for any contractual networks (LANs) or wide area networks criteria by an independent review group activities, provide the following (WANs) to improve communications appointed by CDC. information for each contract: (1) Name between divisions of a health 1. Description of the population under of proposed contractor, (2) breakdown department (e.g., between the surveillance, either the State or other and justification for estimated costs, (3) epidemiology and laboratory divisions) appropriate jurisdiction (if an applicant description and scope of activities to be or between local, county, and State is a county, city, or other agency) (5 performed by contractor, (4) period of health departments; or points). Extent to which the application performance, and (5) method of (c) development of electronic provides information on the population contractor selection (e.g., sole-source or laboratory-based reporting systems to size, demographic characteristics, competitive solicitation). automate communicable disease geographic distribution, racial/ethnic This program is designed to support reporting from clinical laboratories. makeup, and health care delivery core epidemiologic and laboratory State and local health jurisdictions systems. capacity in a variety of ways. In health developing electronic laboratory-based 2. Description of existing public departments where gaps in personnel reporting are encouraged to develop health infectious disease epidemiology and equipment are identified as major systems that are compliant with and laboratory capacity (15 points). 4878 Federal Register / Vol. 64, No. 20 / Monday, February 1, 1999 / Notices

Extent to which the applicant: d. Is consistent with, and adequate to program. For a complete description of 1. Describes existing infectious achieve, the needs identified and the each, see Attachment I in the disease surveillance and response purpose and objectives of this program. application kit. activities, including reporting e. If any research involving human AR–1 Human Subjects Requirements subjects is proposed, has met the CDC requirements, spectrum of laboratory AR–2 Requirements for Inclusion of specimen testing performed, degree of Policy requirements regarding the inclusion of women, ethnic, and racial Women and Racial and Ethnic automation of laboratory and Minorities in Research epidemiologic information management, groups in any proposed research. This and public health response capacity. includes: AR–7 Executive Order 12372 Review b. Provides information on existing (1) The proposed plan for the AR–10 Smoke-Free Workplace staffing, management, material and inclusion of both sexes and racial and Requirements equipment investment, training, space, ethnic minority populations for AR–11 Healthy People 2000 and financial support of laboratory and appropriate representation. AR–12 Lobbying Restrictions epidemiologic capacity for public health (2) The proposed justification when I. Authority and Catalog of Federal surveillance and response for infectious representation is limited or absent. (3) A statement as to whether the Domestic Assistance Number diseases. design of the study is adequate to c. Describes current collaboration measure differences when warranted. This program is authorized under the between its epidemiology and (4) A statement as to whether the Public Health Service Act Sections laboratory programs in surveillance and plans for recruitment and outreach for 301(a)[42 U.S.C. 241(a)], 317(k)(1)[42 response including the existence of, or study participants include the process U.S.C. 247b(k)(1)], and 317(k)(2)[42 potential for, integrated uses of of establishing partnerships with U.S.C. 247b(k)(2)], as amended. The surveillance data; community(ies) and recognition of Catalog of Federal Domestic Assistance d. Describes current or previous mutual benefits. number is 93.283. collaborative relationships with clinical 5. Plan for monitoring and evaluation J. Where To Obtain Additional laboratories, local health agencies, (15 points). The extent to which the Information academic medicine groups, and health applicant describes a detailed plan for care practitioners, including Health monitoring the implementation of the Please refer to Program Maintenance Organizations (HMOs) or activities and evaluating the extent to Announcement 99032 when you request managed care providers; and which the proposed activities information. For a complete program demonstrates the potential of these strengthen local and national description, information on application relationships for enhanced surveillance epidemiologic and laboratory capacity procedures, an application package, and and public health response activities. for infectious diseases. business management technical 3. Identification of areas of need 6. Budget (not scored). assistance, contact Oppie Byrd, Grants (gaps) in surveillance and response for The extent to which the budget Management Specialist, Grants infectious diseases and understanding request is clearly explained, adequately Management Branch, Procurement and of the objectives of this cooperative justified, reasonable, and sufficient for Grants Office Announcement 99032, agreement program (20 points). the proposed project activities. Centers for Disease Control and Extent to which the application: 7. Human Subjects: (Not Scored). Prevention (CDC), 2929 Brandywine a. Outlines State and local needs in If any research involving human Road, Mailstop E–18, Atlanta, GA epidemiology and laboratory capacity subjects is proposed, does the 30341, Telephone: (404) 842–6546, E- for public health surveillance and application adequately address the mail Address: . See also response for infectious diseases. requirements of Title 45 CFR Part 46 for the CDC home page on the Internet: the protection of human subjects? . b. Identifies specific important llllll llllll Yes No For program technical assistance, diseases or conditions (e.g., notifiable Comments: llllll lllllllll diseases, foodborne and waterborne contact Deborah A. Deppe, M.P.A., diseases, vaccine-preventable diseases H. Other Requirements National Center for Infectious Diseases, Centers for Disease Control and and drug-resistant infections) which Technical Reporting Requirements will be addressed and outlines why Prevention (CDC), Mailstop C–12, 1600 these are important. Provide CDC with original plus two Clifton Road, N.E., Atlanta, Georgia 4. Operational Plan (Note: Provide a copies of: 30333, Telephone: (404) 639–4668, E- detailed description of first year 1. annual progress reports, no more mail Address: . activities only and briefly describe than 90 days after the end of the budget For written information and to request future year activities) (45 points). Extent period; an application kit, call 1–888– 2. annual Financial Status Report to which the proposed plan: GRANTS4 (1–888 472–6874). You will (FSR), no more than 90 days after the a. Outlines activities that clearly be asked to leave your name and end of the budget period; and address and will be instructed to address the identified needs in capacity 3. Final FSR and performance reports, and the specific diseases and conditions identify the Announcement number of no more than 90 days after the end of interest. (Application forms are also to be addressed. the project period. b. Describes steps to be taken to available on the CDC Home Page of the Send all reports to: Oppie Byrd, Internet.) facilitate and strengthen collaboration Grants Management Specialist, Grants between epidemiology and laboratory Management Branch, Procurement and Dated: January 25, 1999. practice. Grants Office, Centers for Disease John L. Williams, c. Includes current letters of support Control and Prevention (CDC), 2929 Director, Procurement and Grants Office from participating agencies, institutions, Brandywine Road, Mailstop E–18, Centers for Disease Control and Prevention and organizations indicating their Atlanta, Georgia 30341. (CDC). willingness to participate in the The following additional [FR Doc. 99–2150 Filed 1–29–99; 8:45 am] activities. requirements are applicable to this BILLING CODE 4163±18±P Federal Register / Vol. 64, No. 20 / Monday, February 1, 1999 / Notices 4879

DEPARTMENT OF HEALTH AND least 51 percent racial or ethnic of action for the objective review HUMAN SERVICES minority members and who represent process to be used to review and select the population to be served. Groups subcontractors. Centers for Disease Control and recognized as racial and ethnic Funds cannot be used for construction Prevention minorities include, but are not limited or renovation; to purchase or lease to: African Americans, Alaskan Natives, vehicles or vans; to purchase a facility [Program Announcement 99016] Asian Americans, Caribbean Americans, to house project staff or carry out project National Minority Organizations Latinos/Hispanics, Native Americans, activities; or to substitute new activities Immunization Projects Notice of and Pacific Islanders. Proof of minority and expenditures for current ones. Availability of Funds status consisting of a list of board Funding Preference members, their race and ethnicity, the A. Purpose address and telephone number of each Preference for funding will be given to: (1) Supporting projects for the The Centers for Disease Control and member, a description of each role on following racial and ethnic minority Prevention (CDC) announces the the board, and a description of populations listed here in alphabetical availability of fiscal year (FY) 1999 constituents (the population, group(s) order: African Americans, Alaskan funds for a cooperative agreement and/or organization for which they are Natives, American Indians, Asian program for National Minority advocates) must be included in the Americans, Caribbean Americans, Organizations Immunization Projects. application. Documentation must also Hispanics/Latinos, and Pacific This program addresses the ‘‘Healthy be provided giving assurance that the Islanders; (2) supporting activities People 2000’’ priority area of governing board is composed of more which are targeted toward high-risk Immunization and Infectious Diseases. than 50 percent racial or ethnic minority populations including but not limited to The purpose of this Cooperative group members who are representative families living at poverty levels, migrant Agreement is to assist National Minority of the population to be served. farm workers, homeless persons, Organizations (NMOs) with the 5. Document that each of the affiliates immigrants, etc.; and (3) ensuring a promotion and improvement of or chapters that will be participating in geographic and racial/ethnic balance of childhood, adolescent, and adult the project as subcontractors have a funded NMOs which serve under- immunization coverage levels. governing body or board whose membership is composed of more than immunized rural populations and B. Eligible Applicants 50 percent racial or ethnic minority population groups of low Assistance will be provided only to group members. socioeconomic status who reside in densely populated urban areas. National Minority Organizations that Note: Pub. L. 104–65 states that an provide documented proof that they organization described in section 501(c)(4) of D. Programmatic Interest meet the following criteria. The the Internal Revenue Code of 1986 that engages in lobbying activities is not eligible Applicants may focus on any or all of applicant must provide this the three program interest areas: documentation under the ‘‘Eligibility’’ to receive Federal funds constituting an award, grant, cooperative agreement, 1. Increase immunization coverage section found in the front of the contract, loan, or any other form. levels among children, birth to 10 years application. The applicant must: of age. C. Availability of Funds 1. Be an established, tax-exempt 2. Increase immunization coverage organization (a nongovernmental, tax- Approximately $1 million will be levels among adolescents, ages 11 to 21 exempt corporation or association available to fund up to five cooperative years. whose net earnings in no way lawfully agreements. It is expected that the 3. Increase immunization coverage accrue to the benefit of private average award (including direct and levels among adults older than 21 years shareholders or individuals). Tax- indirect costs) will be $200,000. Awards of age. exempt status may be confirmed by will not exceed $300,000. It is expected either providing a copy of the pages that the awards will begin on or about E. Cooperative Activities from the Internal Revenue Service’s July 1, 1999 and will be made for a 12- In conducting activities to achieve the (IRS) most recent list of 501(c)(3) of tax- month budget period within a project purpose of the Cooperative Agreements, exempt organizations or a copy of the period of up to five years. Funding the recipient will be responsible for current IRS Determination Letter. Proof estimates may change. achieving the activities under Item 1. of tax-exempt status must be provided Continuation awards within an below. CDC will be responsible for in the application. approved project period will be made activities under Item 2. below. 2. Have a specific charge from its on the basis of satisfactory progress as 1. Recipient Activities (Childhood, Articles of Incorporation or Bylaws or a evidenced by required reports and the Adolescent, and/or Adult). Recipient resolution from its governing body or availability of funds. shall undertake certain activities, board to operate nationally within the Applicants must allocate a percentage regardless of the age group(s) targeted. United States and its Territories. of the funds awarded under this In conducting those certain activities, 3. Have at least three years program announcement to subcontract each recipient should: documented experience in operating with affiliate, chapter, and/or other a. Provide technical assistance and and centrally administering a minority Community Based training to affiliate organizations, coordinated public health or related Organizations (CBOs). Awards to these private providers, and other agencies program serving racial or ethnic agencies must be done through a serving racial and ethnic minorities, as minority populations within a major competitive review process conducted well as collaborate with State and local portion or region (multistate or by the applicant. Activities performed health departments. Technical multiterritory) of the United States by the subcontractors must be toward assistance and training should focus on through its own offices or organizational specific program objectives of the developing and implementing effective affiliates. applicant. Applicants should describe intervention strategies to raise coverage 4. Have a governing body or board in the ‘‘Collaborating Activities’’ section levels; educating providers about whose membership is composed of at under ‘‘Application Content’’ the plan cultural sensitivity issues and effective 4880 Federal Register / Vol. 64, No. 20 / Monday, February 1, 1999 / Notices strategies that can be implemented in children against vaccine-preventable on the criteria listed, so it is important their practice; developing, diseases. to follow them in laying out the program disseminating, and marketing health j. When adolescent immunization is plan. The narrative should be no more communication messages that are the program area chosen or among those than 30 double-spaced pages, printed on culturally sensitive and linguistically chosen, a recipient should undertake one side, with one inch margins, and 12 appropriate; and building organizational activities to: point font. capacity to sustain immunization a. Develop and implement Organization Profile (maximum six activities, information management, and immunization initiatives with affiliates, pages) technology. State and local health departments, and b. Identify and document effective other collaborating partners to enhance 1. Provide a narrative, including models of collaboration of local delivery of immunization services to the background information and affiliates with State and local health target populations using the National information on the applicant departments in achieving specific Coalition for Adult Immunization’s organization, evidence of relevant objectives to improve immunization ‘‘Standards for Adult Immunization experience in coordinating activities levels among racial and ethnic Practice.’’ among constituents, and a clear minorities. b. Identify and document effective understanding of the purpose of the c. Disseminate educational products programs to increase the positive project. developed and share information with response of adolescents in racial and 2. Include details of past experiences other national organizations, State and ethnic minority communities to seek out working with the target population(s). local health agencies, provider and obtain hepatitis B, MMR, and Provide information on organizational organizations, coalitions, and varicella vaccines. capability to conduct proposed project community-based organizations. k. When adult immunization is the activities. d. Develop and implement strategies program area chosen or among those 3. Profile qualified and experienced to educate members of racial and ethnic chosen, a recipient should additionally personnel who are available to work on minority communities about undertake activities to: the project and provide evidence of an community-based immunization (1) Develop and implement organizational structure that can meet registries, by explaining their benefits, immunization initiatives with affiliates, the terms of the project. Include an operations, and limitations, and by State and local health departments and organizational chart of the applicant addressing misinformation and other collaborating partners to enhance organization specifying the location and misconceptions. delivery of immunization services to the staffing plan for the proposed project. e. Provide training, information and target population using the National Program Plan (Maximum 10 pages) education at the national, State, and Coalition for Adult Immunization’s local levels, community norms that ‘‘Standards for Adult Immunization For each program area under dispel uncertainties about the safety of Practice.’’ Recipient Activities: vaccines versus the risk of contracting a (2) Work with national and local 1. Provide a needs assessment and vaccine-preventable disease. partners to identify, implement, and program rationale that defines the target document effective programs to increase f. Develop and implement a plan to population using specific information vaccine coverage for influenza and ensure sustainability of program including population size, geographic pneumococcal vaccines among racial activities conducted through this location, density, racial, ethnic and ethnic minorities. cooperative agreement and to ensure its distribution, income levels, current continuation after the end of the project 2. CDC Activities immunization services and resources available, gaps in services, and period. b. Provide technical assistance in magnitude of under-immunization. g. Evaluate all major program interpreting risk factors for contracting objectives and activities to determine vaccine-preventable diseases. 2. Include goals and measurable programmatic and economic c. Provide assistance in the evaluation impact and process objectives that are effectiveness. of each plan component (process and specific, realistic, measurable, and time- h. Develop, implement, and evaluate outcome) through the analysis and phased. Include an explanation of how affiliate organizations’ activities under interpretation of coverage and other the objectives contribute to the purposes this Program Announcement in their relevant data. of the request for assistance and respective communities. d. Facilitate the transfer of successful evidence that demonstrates the potential The following are additional recipient prevention interventions and program effectiveness of the proposed objectives. activities for targeted program areas: models to other areas through meetings 3. Detail an action plan, including a i. When childhood immunization is of grantees, workshops, conferences, timeline of activities and personnel the program area chosen or among those newsletters, and communications with responsible for implementing each chosen, a recipient should undertake project officers. segment of the plan. activities to: e. Facilitate partnering to enhance the 4. Prepare an evaluation plan to a. Develop and implement exchange of program information and include impact, process quantitative immunization initiatives with affiliates, technical assistance between and qualitative measures for the State and local health departments, and community organizations, State and achievement of program objectives to other collaborating partners to enhance local health departments, coalitions, determine the health effect on the delivery of immunization services to the and national and regional organizations. population, and monitor the target populations using the ‘‘Standards implementation of proposed activities. for Pediatric Immunization Practices.’’ F. Application Content Indicate how the quality of services b. Identify and document effective Use the information in the provided will be ensured. programs that provide parents Cooperative Activities, Other 5. Provide a plan for disseminating information explaining the Requirements, and Evaluation Criteria project results indicating when, to immunization schedule and where to go sections to develop the application whom, and in what format the material for immunizations to protect their content. Applications will be evaluated will be presented. Federal Register / Vol. 64, No. 20 / Monday, February 1, 1999 / Notices 4881

6. Provide a plan for obtaining postmarks shall not be accepted as proof 1. Progress reports (semiannual); additional resources from non-federal of timely mailing.) 2. Financial Status Reports, no more sources to supplement program Late Applications: Applications than 90 days after the end of the budget activities and ensure continuation of the which do not meet the criteria in 1 or period; and activities after the end of the project 2 above are considered late applications, 3. Final financial and performance period. will not be considered, and will be reports, no more than 90 days after the returned to the applicant. end of the project period. Collaboration Activities Send all reports to Sharron P. Orum, H. Evaluation Criteria 1. Obtain and include letters of Grants Management Specialist, Grants support, written in the last 12 to 24 Each application will be evaluated Management Branch, Procurement and months, from local organizations and individually against the following Grants Office, Centers for Disease constituents. criteria by an independent review group Control and Prevention, 2929 2. Provide any memoranda of appointed by CDC. Brandywine Road, Mailstop E–13, agreement from collaborating 1. Background and Need: The extent Atlanta, GA 30341. organizations indicating a willingness to to which the applicant understands the The following additional participate in the project, the nature of problem of underimmunization and requirements are applicable to this their participation, period of proposes a plan to address the issues program. For a complete description of performance, names and titles of specific to their constituents. (15 points) each, see Attachment I in the individuals who will be involved in the 2. Capability: The extent to which the application kit. project, and the process of collaboration. applicant appears likely to succeed in AR–08—Public Health System Each memorandum should also show an implementing proposed activities as Reporting Requirements understanding and endorsement of measured by relevant past experience, a AR–09—Paperwork Reduction Act immunization activities. sound management structure, and staff Requirements 3. Provide evidence of collaborative qualifications, including the AR–10—Smoke-Free Workplace efforts with health departments, appropriateness of their proposed roles AR–11—Healthy People 2000 provider organizations, coalitions, and and responsibilities and job AR–12—Lobbying Restriction other local organizations. descriptions. (25 points) AR–14—Accounting System 4. Provide evidence of plans to 3. Program Plan: The feasibility and Requirements subcontract a portion of project appropriateness of the applicant’s action AR–15—Proof of Non-Profit Status activities to affiliate, chapter, and plan to enhance immunization services AR–20—Conference Support delivery among constituencies and community-based organizations. increase coverage levels. (30 points) J. Authority and Catalog of Federal Include a description of the review 4. Coordination and collaboration: Domestic Assistance Number process to be used to review and select The extent to which the applicant applications. This program is authorized under proposes to coordinate activities with section 311 [42 U.S.C. 243] and Budget Information affiliate and chapter organizations, State 317(k)(2) [42 U.S.C. 247b(k)(2)] of the 1. Provide a detailed budget with and local immunization programs, Public Health Service Act as amended. justification. The budget proposal coalitions, provider organizations, and The Catalog of Federal Domestic other appropriate agencies. (10 points) should be consistent with the purpose Assistance number is 93.185. 5. Evaluation Plan: The extent to and program plan of the proposed which the applicant proposes to K. Where to Obtain Additional project. evaluate the proposed plan including Information 2. Provide an itemized (line-item) impact and process evaluation as well budget categorized by objective. Please refer to Program as quantitative and qualitative measures Announcement Number 99016 when G. Submission and Deadline for achievement of program objectives, requesting information. To receive Submit the original and two copies of determining the health effect on the additional written information and to the application PHS 5161–1, (OMB population, and monitoring the request an application kit, call 1–888- Number 0937–0189). Forms are in the implementation of proposed activities. GRANTS4 (1–888–472–6874). You will application kit. On or before April 1, (20 points) be asked to leave your name and 1999, submit the application to: Sharron 6. Budget and Justification: The extent address and will be instructed to P. Orum, Grants Management Specialist, to which the proposed budget is identify the Announcement number of Grants Management Branch, adequately justified, reasonable, and interest. If you have questions after Procurement and Grants Office, consistent with proposed project reviewing the contents of all the Announcement Number 99016, Centers activities and this program documents, business management for Disease Control and Prevention, announcement. (Not Scored) technical assistance may be obtained 2929 Brandywine Road, M/S E–13, I. Other Requirements from: Sharron P. Orum, Grants Atlanta, GA 30341. Management Specialist, Procurement Deadline: Applications shall be Technical Reporting Requirements and Grants Office, Centers for Disease considered as meeting the deadline if Subject to Office of Management and Control and Prevention, 2929 they are either: Budget approval under the Paperwork Brandywine Road, M/S E–13, Atlanta, 1. Received on or before the deadline Reduction Act, semi-annual narrative GA 30341, Telephone: (404) 842–6817, date; or progress reports will be required 30 Email Address: [email protected]. 2. Sent on or before the deadline date days after the end of each 6 months. The See also the CDC home page on the and received in time for orderly reports should document services Internet: http://www.cdc.gov processing. (Applicants must request a provided and problems encountered. For program technical assistance, legibly dated U.S. Postal Service CDC will provide specific guidelines for contact: Duane M. Kilgus, Community postmark or obtain a legibly dated documenting and reporting on program Outreach and Planning Branch, receipt from a commercial carrier or activities. Provide CDC with original Immunization Services Division, U.S. Postal Service. Private metered plus two copies of: National Immunization Program, 4882 Federal Register / Vol. 64, No. 20 / Monday, February 1, 1999 / Notices

Centers for Disease Control and Resources and Services Administration a formula that incorporates three Prevention, 1600 Clifton Road, M/S E– (HRSA) publishes periodic summaries statutory funding factors. The factor to 52, Atlanta, Georgia 30333, Telephone: of proposed projects being developed be studied is the funding preference (404) 639–8375, Email address— for submission to OMB under the which is given to institutions that can [email protected]. Paperwork Reduction Act of 1995. To demonstrate either a high rate of placing Copies of the ‘‘Standards for Pediatric request more information on the graduates in medically underserved Immunization Practices’’ and the proposed project or to obtain a copy of communities (MUCs), or achieving a National Coalition for Adult the data collection plans and draft significant increase in the rate of placing Immunization’s ‘‘Standards for Adult instruments, call the HRSA Reports graduates in such settings. Immunization Practices’’ may be Clearance Officer on (301) 443–1129. This study is intended to assess the obtained from the National Comments are invited on: (a) Whether influence of funding preference on Immunization Program, Immunization the proposed collection of information program performance and to determine Services Division, Community Outreach is necessary for the proper performance program success in placing PNT and Planning Branch, Mailstop E–52, of the functions of the agency, including graduates in MUCs. Approximately 1600 Clifton Road, NE, Atlanta, GA whether the information shall have 5,000 graduates who received Master’s 30333. Telephone: (404) 639–8375. practical utility; (b) the accuracy of the or Doctoral degrees in academic years Dated: January 25, 1999. agency’s estimate of the burden of the 1996–1997 and 1997–1998, including John L. Williams, proposed collection of information; (c) 1,200 who received PNT funds but were Director, Procurement and Grants Office, ways to enhance the quality, utility, and not graduates of the schools receiving Centers for Disease Control and Prevention clarity of the information to be the preference, will be included in this (CDC). collected; and (d) ways to minimize the survey. Data will be obtained on the [FR Doc. 99–2149 Filed 1–29–99; 8:45 am] burden of the collection of information graduates place of residence and place BILLING CODE 4163±18±P on respondents, including through the of employment before, during and after use of automated collection techniques their program of study. The study will or other forms of information examine various measures associated DEPARTMENT OF HEALTH AND technology. with the career paths chosen by these HUMAN SERVICES Proposed Project: Employment Sites graduates and by comparing these of Nursing Graduates Supported by the measures within and between the two Health Resources and Services Professional Nurse Traineeship Program groups of graduates. Comparisons of Administration (HRSA 98–141)—New. employment sites of graduates in schools receiving the preference with Agency Information Collection Under Section 830 of Title VIII of the those of graduates in schools not Activities; Proposed Collection; Public Health Service Act, Professional receiving the preference will indicate Comment Request Nurse Traineeship (PNT) grants are awarded to eligible institutions for the the significance of funding preference in In compliance with the requirement support of students in advanced nursing promoting program objectives of for opportunity for public comment on education. Traineeships are then increasing access to care in underserved proposed data collection projects awarded by the institutions to communities. Information on both the (section 3506(c)(2)(A) of Title 44, United individuals enrolled in graduate nursing-specialty of graduates and their States Code, as amended by the programs to prepare for practice as current employment setting will be Paperwork Reduction Act of 1995, advanced practice nurses. These funds analyzed for each of the two groups. Public Law 104–13), the Health are distributed to institutions based on The estimated burden is as follows:

Responses Hours per re- Form Number of per respond- sponse (min- Total burden respondents ent utes) hours

Survey ...... 5000 1 20 1667

Send comments to Susan G. Queen, DEPARTMENT OF HEALTH AND review, call the HRSA Reports Ph.D., HRSA Reports Clearance Officer, HUMAN SERVICES Clearance Office on (301)–443–1129. Room 14–36, Parklawn Building, 5600 The following request has been Fishers Lane, Rockville, MD 20857. Health Resources and Services submitted to the Office of Management Written comments should be received Administration and Budget for review under the within 60 days of this notice. Paperwork Reduction Act of 1995: Agency Information Collection Dated: January 26, 1999. Proposed Project: Grantee Reporting Activities: Submission for OMB Requirements for the Rural Health Jane Harrison, Review; Comment Request Network Development Grant Program Director, Division of Policy Review and (OMB No. 0915–0218)—Revision. Coordination. Periodically, the Health Resources This is a request for extension of the [FR Doc. 99–2232 Filed 1–29–99; 8:45 am] and Services Administration (HRSA) reporting requirements for the Rural publishes abstracts of information BILLING CODE 4160±15±U Network Development Grant Program collection requests under review by the authorized by section 330A of the Office of Management and Budget, in Public Health Service Act as amended compliance with the Paperwork by the Health Centers Consolidation Act Reduction Act of 1995 (44 U.S.C. of 1996 (Public Law 104–229). The Chapter 35). To request a copy of the purpose of the program is to assist in the clearance requests submitted to OMB for development of vertically integrated Federal Register / Vol. 64, No. 20 / Monday, February 1, 1999 / Notices 4883 networks of health care providers in the governance and organizational of technical assistance, and to identify rural communities. Grantees will be arrangements for the network, specific best practices in the development of working to change the delivery system network activities, certain financial data provider networks in rural in their service areas and will be using related to the grant budget, and health communities. The information is also the Federal funds to develop network care services provided by the network. used to begin to evaluate the impact of capabilities. The information is used to evaluate networks on access to care. To minimize Grantees submit annual reports which progress on the grants, to understand the burden on grantees, the reports will provide information on progress barriers to network development in are submitted electronically. The towards goals and objectives of the rural areas, to identify grantees in need estimated burden is as follows: network, progress toward developing

Responses Form Number of per respond- Hours per Total hour respondents ent response burden

Baseline ...... 16 1 2 32 Tracking ...... 50 1 1 50

Total ...... 50 ...... 82

Written comments and review, call the HRSA Reports practitioners to move from State to State recommendations concerning the Clearance Office on (301)–443–1129. without disclosure of the practitioners’ proposed information collection should The following request has been previous damaging or incompetent be sent within 30 days of this notice to: submitted to the Office of Management performance. Wendy A. Taylor, Human Resources and Budget for review under the The Data Bank acts primarily as a and Housing Branch, Office of Paperwork Reduction Act of 1995: flagging system; its principal purpose is Management and Budget, New Proposed Project: National to facilitate comprehensive review of Executive Office Building, Room 10235, Practitioner Data Bank for Adverse practitioners’ professional credentials Washington, DC 20503. Information on Physicians and Other and background. Information on Health Care Practitioners: Regulations medical malpractice payments, adverse Dated: January 26, 1999. and Forms, OMB No. 0915–0126: Jane Harrison, licensure actions, adverse clinical Extension. privileging actions, and adverse Director, Division of Policy Review and The National Practitioner Data Bank professional society actions is collected Coordination. (Data Bank) was established through from, and disseminated to eligible [FR Doc. 99–2231 Filed 1–29–99; 8:45 am] Title IV of Public Law 99–660, the entities. It is intended that Data Bank BILLING CODE 4160±15±U Health Care Quality Improvement Act of information should be considered with 1986, as amended. Final Regulations governing the Data Bank are codified at other relevant information in evaluating DEPARTMENT OF HEALTH AND 45 CFR part 60. Responsibility for Data a practitioner’s credentials. HUMAN SERVICES Bank implementation and operation This request is for an extension of resides in the Bureau of Health reporting and querying forms previously Health Resources and Services Professions, Health Resources and approved in February 1996. The Administration Services Administration, U.S. reporting forms and the request for information forms (query forms) may be Agency Information Collection Department of Health and Human Services (DHHS). The Data Bank began accessed, completed, and submitted to Activities: Submission for OMB the Data Bank electronically through the Review; Comment Request operation on September 1, 1990. The intent of Title IV of Public Law use of a program designated QPRAC 4 Periodically, the Health Resources 99–660 is to improve the quality of which is provided by the DHHS. The and Services Administration (HRSA) health care by encouraging hospitals, DHHS has developed a separate query publishes abstracts of information State licensing boards, professional form for practitioners making self- collection requests under review by the societies, and other entities providing queries. This request also includes Office of Management and Budget, in health care services, to identify and several administrative forms which have compliance with the Paperwork discipline those who engage in been developed since the last clearance. Reduction Act of 1995 (44 U.S.C. unprofessional behavior; and to restrict The following estimates of burden are Chapter 35). To request a copy of the the ability of incompetent physicians, based on actual Data Bank operational clearance requests submitted to OMB for dentists, and other health care experience:

Responses Type of activityÐ45 CFR 60.0 Number of per respond- Hours per re- Total burden respondents ent sponse hours

Reporting: Reports Correcting Errors and OmissionsÐ60.6(a) ...... 1,600 1.06 .25 ...... 424 Reports of Revision to Actions Previously ReportedÐ60.6(b) ...... 390 1.04 .75 ...... 304 Report of Medical Malpractice PaymentsÐ60.7(b) ...... 525 27.3285 .75 ...... 10,760 Reports of Adverse Actions by State Medical and Dental BoardsÐ60.8(b) 125 32.56 .75 ...... 3,053 Reports of Adverse Action Regarding Clinical Privileges and Professional 975 1.03 .75 ...... 753 Society MembershipsÐ60.9(a)3. Entity Hearings: Requests for Hearing by EntitiesÐ60.9(c) ...... *1 1 8.0 ...... 8 4884 Federal Register / Vol. 64, No. 20 / Monday, February 1, 1999 / Notices

Responses Type of activityÐ45 CFR 60.0 Number of per respond- Hours per re- Total burden respondents ent sponse hours

Requests for Information Disclosure (Query): Queries by Hospitals for Practitioner ApplicationsÐ60.10(a)(1) ...... 6,000 40 .083 ...... 20,000 5 Minutes Queries by HospitalsÐTwo Year CycleÐ60.10(a)(2) ...... 6,000 160 .083 ...... 80,000 Queries by HospitalsÐPeer ReviewÐ60.11(a)(1) ...... (**) ...... Queries by Practitioners (Self-Query)Ð60.11(a)(2) ...... 60,000 1 .50 ...... 30,000 Queries by Licensure BoardsÐ60.11(a)(3) ...... 125 120 .083 ...... 1,245 Queries by Non-Hospital Health Care EntitiesÐ60.11(a)(4) ...... 3,250 690 .083 ...... 186,874 Queries by Plaintiff's AttorneysÐ60.11(a)(5) ...... ***1 1 .30 ...... 5 Queries by Non-Hospital Health Care EntitiesÐPeer ReviewÐ60.11(a)(6) *** ...... Requests by Researchers for Aggregate InformationÐ60.11(a)(7) ...... 100 1 .50 ...... 50 Disputes: Practitioner Places a Dispute in His/Her Data Bank ReportÐ60.14(b) ...... 1,200 1 .5 ...... 600 Practitioner Places a Statement in His/Her Data Bank ReportÐ60.14(b) .. 1,350 1 1.0 ...... 1,350 Practitioner Requests Review of the Disputed Report by The Secretary 135 1 8.0 ...... 1,080 DHHSÐ60.14(b). Administrative forms used in operating the National Practitioner Data Bank; Entity Registration Form ...... 150 1 1.0 ...... 150 Entity Registration Update Form ...... 100 1 .25 ...... 25 Authorized Agent Designation Form ...... 25 1 .25 ...... 6.25 Authorized Agent Designation Update ...... 5 1 .083 ...... 42 Account Discrepancy Report ...... 200 1 .25 ...... 50 Electronic Transfer of Funds Authorization ...... 25 1 .25 ...... 6.25 Entity Reactivation ...... 50 1 .25 ...... 12.5

Total ...... 336,757 *There have been no hearing requests from reporting entities since the opening of the Data Bank. **We are unable to distinguish between these and other types of queries made by hospitals and other health care entities. ***There have been approximately 12 attorney requests since the opening of the Data Bank; of these, one has been granted.

Written comments and applications are filed on selected infiltrating lymphocyte) cell line in an recommendations concerning the inventions to extend market coverage HLA restricted manner. proposed information collection should for companies and may also be available The inventors believe that cancer be sent within 30 days of this notice to: for licensing. peptides which are encoded by the NY Wendy A. Taylor, Human Resources ESO–1/CAG–3 gene represent potential ADDRESSES: Licensing information and cancer vaccines, protecting an and Housing Branch, Office of copies of the U.S. patent applications Management and Budget, New individual from development of cancer listed below may be obtained by writing by inhibiting the growth of cells or Executive Office Building, Room 10235, to the indicated licensing contact at the Washington, DC 20503. tumors which express the NY ESO–1/ Office of Technology Transfer, National CAG–3 antigen. Also embodied in the Dated: January 26, 1999. Institutes of Health, 6011 Executive invention are pharmaceutical Jane Harrison, Boulevard, Suite 325, Rockville, compositions comprising the NY ESO– Director, Division of Policy Review and Maryland 20852–3804; telephone: 301/ 1/CAG–3 antigen, peptide, or an Coordination. 496–7057; fax: 301/402–0220. A signed antigenic cancer epitope thereof in [FR Doc. 99–2233 Filed 1–29–99; 8:45 am] Confidential Disclosure Agreement will combination with one or more BILLING CODE 4160±15±U be required to receive copies of the immunostimulatory molecules. These patent applications. compositions represent potential Novel Human Cancer Antigen, NY anticancer therapeutics, stimulating NY DEPARTMENT OF HEALTH AND ESO–1/CAG–3, and Gene Encoding ESO–1/CAG–3–specific T cells to elicit HUMAN SERVICES Same an anti-cancer immunogenic response National Institutes of Health and thereby eliminating or reducing the R Wang, SA Rosenberg (NCI) cancer. While these vaccines and Government-Owned Inventions; DHHS Reference No. E–265–97/1 filed pharmaceutical compositions may be Availability for Licensing 21 Sep 98 developed for use against a variety of Licensing Contact: Elaine Gese; 301/ cancers, data obtained to date indicate AGENCY: National Institutes of Health, 496–7056 ext. 282; e-mail: that they may be of particular value for Public Health Service, DHHS. [email protected] use against melanoma. ACTION: Notice. Methods for diagnosing cancer via the The current invention embodies the detection of NY ESO–1/CAG–3 are also SUMMARY: The inventions listed below identification, isolation and cloning of a embodied in the invention. are owned by agencies of the U.S. gene encoding a novel tumor antigen, Government and are available for NY ESO–1/CAG–3, as well as cancer Mouse Models for Huntington’s Disease licensing in the U.S. in accordance with peptides thereof an antigenic cancer D. Tagle (NHGRI) 35 U.S.C. 207 to achieve expeditious epitopes contained within the cancer DHHS Reference No. E–101–98/0 commercialization of results of peptides. This novel antigen is Licensing Contact: Marlene Shinn; 301/ federally-funded research and recognized by cytotoxic T lymphocyte 496–7056 ext. 285; e-mail: development. Foreign patent clones derived from the TIL586 (tumor [email protected] Federal Register / Vol. 64, No. 20 / Monday, February 1, 1999 / Notices 4885

Huntington’s Disease (HD) is one of a Kurtoxin is from the venom of the In addition to the isolation, number of neurological diseases in Parabuthus transvaalicus scorpion. It purification and cloning of LAT the 2∂ which excessive repetition of the CAG binds to the α1G T-type Ca channel application describes antibodies which nucleotide sequence, which codes for with high affinity and inhibits the specifically recognize LAT. Recent work glutamines, causes an abnormally channel by modifying voltage- has shown that LAT is palmitoylated shaped HD protein. This protein then dependent gating. The biophysical and this palmitoylated LAT localizes to interacts with other proteins produced properties of T-type voltage-gated Ca2∂ glycolipid-enriched microdomains by the cell thus preventing their normal channels make them well suited to serve (GEMs). The palmitoylation of LAT is functions. HD afflicts 1 in every 10,000 important pacemaking roles, and to necessary for the tyrosine individuals in the United States, support c flux near the resting phosporylation of LAT and for the however HD’s pathogenesis and membrane potential in both excitable targeting of LAT to the GEMs. Other mechanistic action is relevant to at least and non-excitable cells. Until now, no recent work includes the generation of 13 other neurodegenerative diseases. selective high affinity ligands were LAT knockout mice. The mouse lines which are available available for T-type Ca2∂ channels. This research has been published in for licensing show progressive Kurtoxin distinguishes between the α1G Cell 92(1): 83–92 (Jan 9, 1998) and neurobehavioral and neuropathological T-type Ca2∂ channels and other types of Immunity 9(2): 239–46 (Aug 1998). changes that resemble clinical findings voltage-gated Ca2∂ channels, such as Probe To Identify Enteroinvasive E. coli found in HD patients. These include α1E, α1C, α1B and α1A. Its primary amino behavior such as running in circles, acid sequence indicates it belongs to a and Shigella Species performing backflips and other family of h-scorpion toxins that slow KA Lampel, JA Jagow (FDA) abnormal movements which correlate inactivation of Na∂ channels. It is Serial No. 07/266,038 filed 02 Nov 88; with the loss of neurons in the striatum, foreseen that kurtoxin will facilitate U.S. Patent 5,041,372 issued 20 Aug cortex, and other brain regions. The characterization of the molecular 91 transgenic mice have been genetically composition of T-type Ca2∂ channels Licensing Contact: Carol Salata, 301/ engineered to show widespread and will help delineate their 496–7735 ext. 232; e-mail: expression of full length human HD involvement in electrical and [email protected] cDNA with either 16, 48, or 89 CAG biochemical signaling. Standard means for detecting repeats. It is the mice containing the 48 pathogenic organisms in food or clinical or 89 CAG repeats which manifest the Composition and Methods for Identifying and Testing Tyrosine Kinase specimens rely on animals or large DNA HD symptoms, the other modified mice fragments, such as the 17 kb EcoRI are useful as controls. The mouse lines Substrates and Their Agonists and Antagonists fragment of Boileau. These methods are are able to model the early events that expensive, time-consuming, difficult to occur in Huntington’s Disease and how LE Samelson, W Zhang (NICHD) use, and have not been able to these events ultimately result in Serial No. 60/068,690 filed 23 Dec 97 distinguish between nonvirulent Licensing Contact: Susan S. Rucker; neurological cell death. The utility of enteroinvasive E. coli and Shigella. This 301/496–7056 ext. 245; e-mail: these mouse lines can be found in invention described DNA probes for [email protected] screening potential pharmaceutical enteroinvasive E. coli and Shigella treatments for HD and other This application relates to T cell species, including the sequence of the neurodegenerative diseases, as well as receptors (TCRs) and TCR mediated 2.5 kb fragment (SmaII and Falkow’s) on testing therapies, including those used signal transduction. More particularly, which the probe is based. to assist neuronal survival. the application describes the isolation, The probe is more reliable, more purification and cloning of an integral Inhibition of T-Type Voltage-Gated sensitive, and less expensive than membrane protein, Linker for Activation methods now is use. Calcium Channels by a New Scorpion of T cells (LAT), a tyrosine kinase Toxin substrate for ZAP–70/Syk protein Dated: January 25, 1999. K Swartz, H Jaffe (NINDS) tyrosine kinases (PTKs). LAT is Jack Spiegel, Serial No. 60/101,158 filed 21 Aug 98 phosphorylated by ZAP–70/Syk and Director, Division of Technology Development Licensing Contact: Marlene Shinn, this phosphorylation is necessary for the and Transfer, Office of Technology Transfer. 301/496–7056 ext. 285; e-mail: recruitment of multiple signaling [FR Doc. 99–2245 Filed 1–29–99; 8:45 am] [email protected] molecules, such as Grb2, PLC-γ1, the BILLING CODE 4140±01±M The T-Type calcium channel is found p85 subunit of PI3K and other critical in neurons, cardiac and vascular smooth signaling molecules. Thus, LAT plays a muscle and is thought to be important role in linking the TCR to cellular DEPARTMENT OF HEALTH AND for generative specific patterns of activation. Tissues which express LAT HUMAN SERVICES electrical activity. We have identified, are limited to the thymus, peripheral isolated, and determined the chemical blood, and at low levels, the spleen. National Institutes of Health composition of an inhibitor (named Cells, found in these tissues, which Government-Owned Inventions; Kurtoxin-1) of the T-type calcium express LAT and T cells, NK cells and Availability for Licensing channel. Kurtoxin-1 (or drugs developed mast cells. In addition recent work has using it as a probe) may be useful also demonstrated that LAT is expressed AGENCY: National Institutes of Health, therapeutic reagents to control heart rate in megakarocytes. B cells and Public Health Service, DHHS. (e.g., antiarrhythmic drugs), vascular monocytes do not express LAT. This ACTION: Notice. smooth muscle tone (e.g., controlling pattern of expression and its role in cell blood pressure) or epileptic discharges signaling suggest that LAT may be a SUMMARY: The inventions listed below in the central nervous system. T-type specific target for the development of are owned by agencies of the U.S. calcium channels may also be important drugs for allergy and other T cell Government and are available for for transmission of pain stimuli and associated diseases. Such drugs may licensing in the U.S. in accordance with therefore inhibitors of these channels include antibodies which recognize 35 U.S.C. 207 to achieve expeditious may have analgestic properties. LAT and inhibit its action. commercialization of results of 4886 Federal Register / Vol. 64, No. 20 / Monday, February 1, 1999 / Notices federally-funded research and immortalized cells into patients. The system that is accompanied by an development. Foreign patent promising but still inconsistent data accumulation of inflammatory applications are filed on selected stemming from those clinical trials leukocytes and/or damage to inventions to extend market coverage using primary cells in Parkinson’s perivascular tissue. Although it is for companies and may also be available disease are believed to be due to an unclear how a perivascular lesion for licensing. insufficient number, function and originates, the sequence of events ADDRESSES: Licensing information and uniformity of the transplanted cells. In leading to such lesions induce increased copies of the U.S. patent applications an effort to overcome these problems an vascular endothelial permeability and listed below may be obtained by writing improved method for isolating, growing induce toxic effects on the nervous to the indicated licensing contact at the and differentiating precursor cells into system, which may lead to myelin Office of Technology Transfer, National dopaminergic neurons has been injury. Myelin is a protein-lipid Institutes of Health, 6011 Executive developed. The process described composite that insulates axons, which Boulevard, Suite 325, Rockville, provides for an expansion of the cell are the cellular processes by which Maryland 20852–3804; telephone: 301/ number of primary cells by up to 1000 electrical impulses travel through the 496–7057; fax: 301/402–0220. A signed fold. This technique could assist in nervous system. When myelin sheaths Confidential Disclosure Agreement will solving the problem of obtaining sustain injury, entire segments of be required to receive copies of the sufficient cells for a reliable, effective myelin degenerate, thus affecting the patent applications. cell transplantation therapy. The ability of impulses to travel. Typically, process consists essentially in the perivascular lesions occur after or Broad Spectrum Chemokine Antagonist isolation and in vitro numerical during: brain or spinal cord trauma, and Uses Thereof expansion of an early mesencephalic ischemic injury or insult; certain B Moss, I Damon-Armstrong (NIAID) precursor population, the use of serum, inflammatory diseases affecting the DHHS Reference No. E–065–98/1 filed cAMP, dopamine and ascorbic acid musculo-skeletal system, central 08 Jan 99 (based on Provisional U.S. during differentiation and the nervous system, and peripheral nervous Patent Application No. 60/070,945 development of an aggregation system; and certain autoimmune filed 10 Jan 98) technique during cell differentiation disorders. The application claims a Licensing Contact: Leopold Luberecki, that allows convenient grafting of method to reduce perivascular lesions Jr.; 301/496–7735 ext. 223; e-mail: dopaminergic neurons. by administering an effective amount of [email protected] insulin-like growth factor I to treat Real-Time Interactive Functional diseases or disorders associated with Chemokines are the small proteins Magnetic Resonance Imaging involved in recruitment of leukocytes demyelination, such as multiple (white blood cells) to areas of tissue JA Frank, J Ostuni, JH Duyn (CC) sclerosis, experimental autoimmune injury or infection, so they are also in Serial No. 09/090,166 filed 04 Jun 98 encephalomyelitis, neuromyelitis part responsible for inflammation. There Licensing Contact: John Fahner-Vihtelic; optica, optic neuritis, acute are two major classes of chemokines: 301/496–7735 ext. 270; e-mail: encephalomyelitis, cervical myelopathy, CXC (α) and CC (β). Chemokines elicit [email protected] and spinal cord injury. leukocyte movement by binding to a The present disclosure describes a Dated: January 25, 1999. receptor on the cell surface. Typically, device and methods for capturing whole Jack Spiegel, CXC chemokines direct the movement brain raw data image files as they are Director, Division of Technology Development of neutrophils and CC chemokines being produced from a magnetic and Transfer, Office of Technology Transfer. direct the movement of other types of resonance (MR) system. The invention [FR Doc. 99–2246 Filed 1–29–99; 8:45 am] leukocytes. Previously, the open reading performs reconstruction of the data, BILLING CODE 4140±01±M frame of the recently sequenced registration, statistical analysis, and molluscum contagiosum viral genome then displays the results within seconds was predicted to encode a protein that after completion of the MR image DEPARTMENT OF HEALTH AND would function as a CC chemokine acquisition. This invention provides the HUMAN SERVICES antagonist by mimicking the chemokine ability to have a quick look at the image and thus diverting it from its receptor. maps produced of brain activity or brain National Institutes of Health The inventors have cloned, expressed, perfusion. It gives the clinician or purified, and demonstrated the broad- researcher performing the diagnosis or National Institute of Diabetes and spectrum ability of this viral protein to study, the flexibility to modify the Digestive and Kidney Diseases; Notice inhibit chemotaxis of multiple different procedure ‘‘on the fly’’ to produce a of Meetings leukocyte classes to different more meaningful image or data set. Pursuant to section 10(d) of the chemokines in both the CXC and CC Method of Reducing Perivascular classes. Thus, the protein has potential Federal Advisory Committee Act, as Lesions Using Insulin-Like Growth amended (5 U.S.C. Appendix 2), notice use as an anti-inflammatory agent and Factor I as an antiviral agent to treat HIV. is hereby given of meetings of the HD Webster, S Komoly, D Yao, X Liu, National Diabetes and Digestive and Cell Expansion System for Use in LD Hudson (NINDS) Kidney Diseases Advisory Council. Neural Transplantation Serial No. 08/705,820 filed 30 Aug 96 The meetings will be open to the L Studer, V Tabar, J Yan, R McKay (based on Provisional U.S. Patent public as indicated below, with (NINDS) Application No. 60/003,055 filed 31 attendance limited to space available. Serial No. 60/093,991 filed 24 Jul 98 Aug 95) Individuals who plan to attend and Licensing Contact: Leopold Luberecki, Licensing Contact: Leopold Luberecki, need special assistance, such as sign Jr.; 301/496–7735 ext. 223; e-mail: Jr.; 301/496–7735 ext. 223; e-mail: language interpretation or other [email protected] [email protected] reasonable accommodations, should Cell transplantation therapy typically A perivascular lesion is a site near or notify the Contact Person listed below involves transplanting primary cells or surrounding a lesion in the blood vessel in advance of the meeting. Federal Register / Vol. 64, No. 20 / Monday, February 1, 1999 / Notices 4887

The meetings will be closed to the Place: National Institutes of Health, 9000 Dated: January 25, 1999. public in accordance with the Rockville Pike, Building 31C, Conference LaVerne Y. Stringfield, provisions set forth in sections Room 10. Contact Person: Walter S. Stolz, PHD., Committee Management Officer, NIH. 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., [FR Doc. 99–2240 Filed 1–29–99; 8:45 am] as amended. The grant applications Director for Extramural Activities, National Institute of Diabetes and Digestive and BILLING CODE 4140±01±M and/or contract proposals and the Kidney Diseases, National Institutes of discussions could disclose confidential Health, PHS, DHHS, Bethesda, MD 20892. trade secrets or commercial property Name of Committee: National Diabetes and DEPARTMENT OF HEALTH AND such as patentable material, and Digestive and Kidney Diseases Advisory HUMAN SERVICES personal information concerning Council Kidney, Urologic and Hematologic individuals associated with the grant Diseases Subcommittee. National Institutes of Health applications and/or contract proposals, Date: February 17–18, 1999. the disclosure of which would Open: February 17, 1999, 1:00 PM to 2:00 National Institute of Diabetes and constitute a clearly unwarranted PM. Digestive and Kidney Diseases; Notice invasion of personal privacy. Agenda: Grant applications. of Closed Meeting Place: National Institutes of Health, 9000 Name of Committee: National Diabetes and Rockville Pike, Building 31A, Conference Digestive and Kidney Diseases Advisory Room 9A51. Pursuant to section 10(d) of the Council. Closed: February 17, 1999, 2:00 PM to Federal Advisory Committee Act, as Date: February 17–18, 1999. Adjournment. amended (5 U.S.C. Appendix 2), notice Open: February 17, 1999, 8:30 AM to 12:00 Agenda: To review and evaluate grant is hereby given of the following PM. applications. meeting. Agenda: Grant applications. Place: National Institutes of Health, 9000 Place: National Institutes of Health, 9000 Rockville Pike, Building 31A, Conference The meeting will be closed to the Rockville Pike, Building 31C, Conference Room 9A51. public in accordance with the Room 10. Closed: February 18, 1999, 8:30 AM to provisions set forth in sections Closed: February 17, 1999, 2:00 PM to 10:00 AM. 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Adjournment. Agenda: To review and evaluate grant as amended. The grant applications and Agenda: To review and evaluate grant applications. the discussions could disclose applications. Place: National Institutes of Health, 9000 confidential trade secrets or commercial Place: National Institutes of Health, 9000 Rockville Pike, Building 31A, Conference property such as patentable material, Rockville Pike, Building 31C, Conference Room 9A51. and personal information concerning Contact Person: Walter S. Stolz, PHD, Room 10. individuals associated with the grant Closed: February 18, 1999, 10:15 AM to Director for Extramural Activities, National Institute of Diabetes and Digestive and applications, the disclosure of which 10:30 AM. would constitute a clearly unwarranted Agenda: To review and evaluate grant Kidney Diseases, National Institutes of invasion of personal privacy. applications. Health, PHS, DHHS, Bethesda, MD 20892. Place: National Institutes of Health, 9000 Name of Committee: National Diabetes and Name of Committee: National Institute of Rockville Pike, Building 31C, Conference Digestive and Kidney Diseases Advisory Diabetes and Digestive and Kidney Diseases Room 10. Council Digestive Diseases and Nutrition Special Emphasis Panel. Subcommittee. Open: February 18, 1999, 10:30 AM to Date: February 3, 1999. Date: February 17–18, 1999. 12:00 PM. Time: 2:00 PM to 4:00 PM. Agenda: Grant applications. Open: February 17, 1999, 1:00 PM to 2:00 PM. Agenda: To review and evaluate contract Place: National Institutes of Health, 9000 proposals. Rockville Pike, Building 31C, Conference Agenda: Grant applications. Place: National Institutes of Health, Room 10. Place: National Institutes of Health, 9000 Natcher Bldg., 45 Center Drive, room 6AS– Contact Person: Walter S. Stolz, PHD., Rockville, Pike, Building 31C, Conference Director for Extramural Activities, National Room 7. 37, Bethesda, MD 20892, (Telephone Closed: February 17, 1999, 2:00 PM to Institute of Diabetes and Digestive and Conference Call). Adjournment. Kidney Diseases, National Instituts of Health, Contact Person: Neal A. Musto, PhD., Agenda: To review and evaluate grant PHS, DHHS, Bethesda, MD 20892. Scientific Review Administrator, Review applications. Branch, DEA, NIDDK, Natcher Building, Name of Committee: National Diabetes and Place: National Institutes of Health, 9000 Room 6AS–37A, National Institutes of Digestive and Kidney Diseases Advisory Rockville Pike, Building 31C, Conference Council Diabetes, Endocrine and Metabolic Room 7. Health, Bethesda, MD 20892–6600, (301) Diseases Subcommittee. Closed: February 18, 1999, 8:30 AM to 594–7798. Date: February 17–18, 1999. 10:00 AM. This notice is being published less than 15 Open: February 17, 1999, 1:00 PM to 2:00 Agenda: To review and evaluate grant days prior to the meeting due to the timing PM. applications. limitations imposed by the review and Agenda: Grant applications. Place: National Institutes of Health, 9000 funding cycle. Place: National Institutes of Health, 9000 Rockville Pike, Building 31C, Conference (Catalog of Federal Domestic Assistance Rockville Pike, Building 31C, Conference Room 7. Program Nos. 93.847, Diabetes, Room 10. Contact Person: Walter S. Stolz, PHD., Endocrinology and Metabolic Research; Closed: February 17, 1999, 2:00 PM to Director for Extramural Activities, National 93.848, Digestive Diseases and Nutrition Adjournment. Institute of Diabetes and Digestive and Agenda: To review and evaluate grant Kidney Diseases, National Institutes of Research; 93.849, Kidney Diseases, Urology applications. Health, PHS, DHHS, Bethesda, MD 20892. and Hematology Research, National Institutes Place: National Institutes of Health, 9000 (Catalogue of Federal Domestic Assistance of Health, HHS) Rockville Pike, Building 31C, Conference Program Nos. 93.847, Diabetes, Dated: January 25, 1999. Room 10. Endocrinology and Metabolic Research; LaVerne Y. Stringfield, Closed: February 18, 1999, 8:30 AM to 93.848, Digestive Diseases and Nutrition Committee Management Officer, NIH. 10:00 AM. Research; 93.849, Kidney Diseases, Urology Agenda: To review and evaluate grant and Hematology Research, National Institutes [FR Doc. 99–2243 Filed 1–29–99; 8:45 am] applications. of Health, HHS) BILLING CODE 4140±01±M 4888 Federal Register / Vol. 64, No. 20 / Monday, February 1, 1999 / Notices

DEPARTMENT OF HEALTH AND Dated: January 25, 1999. forth below: Mr. Reed R. Murray, HUMAN SERVICES LaVerne Y. Stringfield, Program Coordinator, CUP Completion Committee Management Officer, NIH. Act Office, Department of the Interior, National Institutes of Health [FR Doc. 99–2244 Filed 1–29–99; 8:45 am] 302 East 1860 South, Provo, UT 84606– BILLING CODE 4140±01±M 6154, Telephone: (801) 379–1237, E- National Institute on Deafness and Mail address: [email protected]. Other Communication Disorders; Dated: January 26, 1999. Notice of Closed Meetings DEPARTMENT OF THE INTERIOR Ronald Johnston, Pursuant to section 10(d) of the CUP Program Director, Department of the Office of the Assistant SecretaryÐ Federal Advisory Committee Act, as Interior. Water and Science; Central Utah amended (5 U.S.C. Appendix 2), notice [FR Doc. 99–2270 Filed 1–29–99; 8:45 am] Project Completion Act; Notice of is hereby given of the following BILLING CODE 4310±RK±P Intent To Negotiate Contract(s) meetings. Between the Central Utah Water The meetings will be closed to the Conservancy District and Department DEPARTMENT OF THE INTERIOR public in accordance with the of the Interior for Completion of the provisions set forth in sections Diamond Fork System of the Central Fish and Wildlife Service 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Utah Project, Utah as amended. The contract proposals and Endangered Species Permit the discussions could disclose AGENCY: Office of the Assistant Applications Secretary—Water and Science, confidential trade secrets or commercial AGENCY: Fish and Wildlife Service, Department of the Interior. property such as patentable material, Interior. and personal information concerning ACTION: Notice of intent to negotiate ACTION: Notice of receipt of permit individuals associated with the contract contract(s) between the Central Utah applications. proposals, the disclosure of which Water Conservancy District (District) would constitute a clearly unwarranted and Department of the Interior (DOI) for SUMMARY: The following applicants have invasion of personal privacy. completion of the Diamond Fork System applied for a scientific research permit Name of Committee: National Institute on of the Central Utah Project, Utah. to conduct certain activities with Deafness and Other Communications endangered species pursuant to section SUMMARY: The Diamond Fork System is 10(a)(1)(A) of the Endangered Species Disorders Special Emphasis Panel. one of the components of the Bonneville Date: February 4, 1999. Act of 1973, as amended (16 U.S.C. 1531 Unit of the Central Utah Project. The Time: 1:00 PM to 3:00 PM. et seq.). Diamond Fork System will allow for the Agenda: To review and evaluate grant transbasin diversion of Bonneville Unit Permit No. TE–006559 applications. Applicant: Dale Powell, Riverside, California Place: Executive Plaza South, Room 400C, water from Strawberry Reservoir in the 6120 Executive Blvd., Rockville, MD 20852, Colorado River drainage basin to the The applicant requests a permit to (Telephone Conference Call). Bonneville Basin. Public Law 102–575, take (harass by survey) the Quino Contact Person: George M. Barnas, PhD., Section 202(a)(6) authorizes the checkerspot butterfly (Euphydryas Scientific Review Administrator, Scientific completion of the Diamond Fork System editha quino) and the Delhi Sands Review Branch, Division of Extramural and specifies that it will be constructed flower-loving fly (Rhaphiomidas Activities/NIDCD, 6120 Executive Blvd, under the guidelines of the Drainage terminatus abdominalis) in conjunction Bethesda, MD 20892, 301–496–8683. Facilities and Minor Construction Act. with presence or absence surveys This notice is being published less than 15 Also, article V(A) of the August 11, 1993 throughout each species’ range for the days prior to the meeting due to the timing Compliance Agreement (Compliance purpose of enhancing their survival. limitations imposed by the review and Agreement) between the District and Permit No. TE–821401 funding cycle. DOI states: ‘‘The Secretary shall not Applicant: Brian E. Daniels, Long Beach, Name of Committee: National Institutes on provide funds for construction, nor shall California Deafness and Other Communications the District commence construction on Disorders Special Emphasis Panel. any feature authorized in Title II of the The applicant requests an amendment Date: February 10, 1999. Act until the District and the Secretary to take (harass by survey) the Quino Time: 1:00 PM to 3:00 PM. have executed an agreement in checkerspot butterfly (Euphydryas Agenda: To review and evaluate contract accordance with the Drainage and editha quino) in conjunction with proposals. Minor Construction Act for the purpose presence or absence surveys throughout Place: Executive Plaza South, Room 400C, of establishing terms and conditions for the species’ range for the purpose of 6120 Executive Blvd., Rockville, MD 20852, the proper conduct and execution of enhancing its survival. (Telephone Conference Call). construction of such feature by the Permit No. TE–838015 Contact Person: George M. Barnas, PhD., District.’’ Negotiated contract(s) between Applicant: Stephen Sprague, Anaheim, Scientific Review Administrator, Scientific the District and DOI will comply with California Review Branch, Division of Extramural sections 202(a)(1)(D) and 202(a)(6)(B) of The applicant requests an amendment Activities/NIDCD, 6120 Executive Blvd, Public Law 102–575 and the Bethesda, MD 20892, 301–496–8683. to take (harass by survey) the Quino Compliance Agreement. This notice is being published less than 15 checkerspot butterfly (Euphydryas days prior to the meeting due to the timing DATES: Dates for public negotiation editha quino) in conjunction with limitations imposed by the review and sessions will be announced in local presence or absence surveys throughout funding cycle. newspapers. the species’ range for the purpose of (Catalogue of Federal Domestic Assistance FOR FURTHER INFORMATION: Additional enhancing its survival. Program Nos. 93.173, Biological Research information on matters related to this Permit No. TE–006333 Related to Deafness and Communicative Federal Register notice can be obtained Applicant: Douglas F. Markle, Corvallis, Disorders, National Institutes of Health, HHS) at the address and telephone number set Oregon Federal Register / Vol. 64, No. 20 / Monday, February 1, 1999 / Notices 4889

The applicant requests an amendment Permit No. TE–006953 (Perognathus longimembris pacificus) in to take (capture, handle, tag, transport, Applicant: Moore Biological Consultants, conjunction with presence or absence and sacrifice) the shortnose sucker Lodi, California surveys where each species occurs in (Chasmistes brevirostris) and the Lost The applicant requests a permit to San Diego, Imperial, Orange, Los River sucker (Deltistes luxatus) in take (harass by survey, collect and Angeles, Riverside, San Bernardino, and conjunction with population and sacrifice) the Conservancy fairy shrimp Ventura Counties, California for the ecological studies throughout each (Branchinecta conservatio), longhorn purpose of enhancing their survival. species’ range for the purpose of fairy shrimp (Branchinecta Permit No. TE–725726 enhancing their survival. Some of the longiantenna), and vernal pool tadpole Applicant: Dennis D. Murphy, Reno, Nevada above activities were previously shrimp (Lepidurus packardi) in authorized under subpermit MARKDF– conjunction with surveys throughout The applicant requests an amendment 7. the species’ range in California, for the to take (harass by survey) the Quino checkerspot butterfly (Euphydryas Permit No. TE–837448 purpose of enhancing their survival. The applicant was previously editha quino) in conjunction with Applicant: Douglas W. Allen, San Diego, presence or absence surveys in Orange, California authorized to conduct these activities under PRT–795929. Riverside, and San Diego Counties, The applicant requests an amendment California, for the purpose of enhancing to: take (harass by survey) the Quino Permit No. TE–005687 its survival. Applicant: Anthony Cario, San Diego, checkerspot butterfly (Euphydryas Permit No. TE–787645 California editha quino) in conjunction with Applicant: Thomas Olsen Associates, presence or absence surveys; take The applicant requests a permit to take (harass by survey, collect and Incorporated, Hemet, California (locate and monitor nests) the least sacrifice) the San Diego fairy shrimp Bell’s vireo (Vireo bellii pusillus) in The applicant requests an amendment (Brachinecta sandiegonensis) and the conjunction with population studies to take (harass by survey) the cactus Riverside fairy shrimp (Streptocephalus and removal of brown-headed cowbird ferruginous pygmy-owl (Glaucidium woottoni) in conjunction with surveys (Molothrus ater) eggs and chicks from brasilianum cantorum) and the Pima in San Diego County, California, for the parasitized nests; and take (harass by pineapple cactus (Coryphantha scheeri purpose of enhancing their survival. survey; locate and monitor nests) the var. robustispina) in conjunction with southwestern willow flycatcher Permit No. TE–005956–9 presence or absence surveys in Pima, (Empidonax traillii extimus) in Applicant: National Biological Service, Reno, Pinal, and Maricopa Counties, Arizona conjunction with presence or absence Nevada for the purpose of enhancing their surveys, population studies, and The applicant requests a renewal to survival. removal of brown-headed cowbird eggs take (capture, measure, weigh, release, Permit No. TE–006328 and chicks from parasitized nests of and sacrifice) the Cui-ui (Chasmistes Applicant: Michael Brian Drake, Nuevo, these species throughout San Diego, cujus), Ash Meadows speckled dace California Imperial, Orange, Riverside, San (Rhinichthys osculus nevadensis), The applicant requests an amendment Bernardino, Los Angeles, and Ventura Moapa dace (Moapa coriacea), Ash to take (harass by survey) the Quino Counties, California, for the purpose of Meadows Amargosa pupfish checkerspot butterfly (Euphydryas enhancing their survival. (Cyprinodon nevadensis mionectes), editha quino) and the Delhi Sands Permit No. TE–006745 Warm Springs pupfish (Cyprinodon flower-loving fly (Raphiomidas nevadensis pectoralis), White River Applicant: Yvonne C. Moore, Riverside, terminatus abdominalis) in conjunction California spinedace (Lepidomeda albivallis), with presence or absence surveys White River springfish (Crenichthys The applicant requests a permit to throughout each species’ range for the baileyi baileyi), Hiko White River purpose of enhancing their survival. take (capture and harass by marking) the springfish (Crenichtys baileyi grandis), Stephens’ kangaroo rat (Dipodomys Lost River sucker (Deltistes luxatus), Permit No. TE–829554 stephensi) in conjunction with surveys shortnose sucker (Chasmistes Applicant: Barbara Kus, San Diego, and scientific research in Riverside, San brevirostris), Borax Lake chub (Gila California Bernardino, and San Diego Counties, boraxobius), Independence Valley The applicant requests an amendment California, for the purpose of enhancing speckled dace (Rhinichthys osculus to take (harass by survey; locate and its survival. lethoporus), and Pahranagat roundtail monitor nests; and capture, band, and Permit No’s. TE–006112, TE–007074 chub (Gila robusta jordani) in release) the southwestern willow Applicant: Gretchen Flohr, Fremont, conjunction with scientific research in flycatcher (Empidonax traillil extimus) California; Ellen Piazza, Fair Oaks, specific areas where the species occur in in conjunction with scientific studies California the States of Oregon, Nevada, and throughout the species range in California for the purpose of enhancing California and New Mexico for the The applicants are requesting permits their survival. These activities were to take (harass by survey, collect and purpose of enhancing its survival. previously authorized under subpermit DATES: Written comments on these sacrifice) the Conservancy fairy shrimp NBSRFS–9. (Branchinecta conservatio), longhorn permit applications must be received on fairy shrimp (Branchinecta Permit No. TE–007011 or before March 3, 1999. longiantenna), vernal pool tadpole Applicant: John H. Burke, Oceanside, ADDRESSES: Written data or comments shrimp (Lepidurus packardi), San Diego California should be submitted to the Chief, fairy shrimp (Brachinecta The applicant requests a permit to Division of Recovery, Planning and sandiegonensis), and the Riverside fairy take (harass by survey) the southwestern Permits, Ecological Services, Fish and shrimp (Streptocephalus woottoni) in willow flycatcher (Empidonax traillil Wildlife Service, 911 N.E. 11th Avenue, conjunction with surveys throughout extimus) and take (capture and release) Portland, Oregon 97232–4181; Fax: the species’ range in California, for the the Stephens’ kangaroo rat (Dipodomys (503) 231–6243. Please refer to the purpose of enhancing their survival. stephensi) and Pacific pocket mouse respective permit number for each 4890 Federal Register / Vol. 64, No. 20 / Monday, February 1, 1999 / Notices application when submitting comments. development of the year 2000 field DEPARTMENT OF THE INTERIOR All comments received, including season protocol. names and addresses, will become part Bureau of Indian Affairs ADDRESSES: of the official administrative record and Copies of this protocol may may be made available to the public. be obtained from the Service’s Region 1 Indian Gaming World Wide Web Home Page at http:// FOR FURTHER INFORMATION CONTACT: www.r1.fws.gov/text/species.html or AGENCY: Bureau of Indian Affairs, Documents and other information from the Field Supervisor, Carlsbad Fish Interior. submitted with these applications are and Wildlife Office, 2730 Loker Ave. ACTION: Notice of Amendments to available for review, subject to the West, Carlsbad California 92008. Approved Tribal-State Compact. requirements of the Privacy Act and Comments and materials concerning the Freedom of Information Act, by any SUMMARY: Pursuant to section 11 of the survey protocol should be sent to the party who submits a written request for Indian Gaming Regulatory Act of 1988, Field Supervisor at the above address. a copy of such documents within 20 Pub. L. 100–497, 25 U.S.C. 2710, the days of the date of publication of this FOR FURTHER INFORMATION CONTACT: Secretary of the Interior shall publish, in notice to the address above; telephone: Douglas Krofta or Paul Barrett at the the Federal Register, notice of approved (503) 231–2063. Please refer to the above address (telephone 760/431–9440, Tribal-State Compacts for the purpose of respective permit number for each facsimile 760/431–9618). engaging in Class III (casino) gambling application when requesting copies of on Indian reservations. The Assistant SUPPLEMENTARY INFORMATION: documents. Secretary—Indian Affairs, Department Dated: January 21, 1999. Background of the Interior, through his delegated Thomas J. Dwyer, authority, has approved the The Quino checkerspot butterfly was Regional Director, Region 1, Portland, Oregon. Amendments to the Forest County listed as an endangered species on [FR Doc. 99–2131 Filed 1–29–99; 8:45 am] Potawatomi Community of Wisconsin January 16, 1997 (62 FR 2313) as result and the State of Wisconsin Gaming BILLING CODE 4310±55±P of loss and degradation of habitat, Compact of 1992, which were executed invasion by alien species, overgrazing, on December 11, 1998. DEPARTMENT OF THE INTERIOR poorly planned fire management DATES: This action is effective February practices, and off-road vehicle use. The 1, 1999. historic range of the Quino checkerspot Fish and Wildlife Service FOR FURTHER INFORMATION CONTACT: butterfly extended from the Santa George T. Skibine, Director, Indian Notice of Availability of a Monica Mountains east and south along Gaming Management Staff, Bureau of Recommended Survey Protocol for the the foothills of the Transverse and Indian Affairs, Washington, DC 20240, Endangered Quino Checkerspot Peninsular Ranges in California, and (202) 219–4066. Butterfly (Euphydryas editha quino) for south into northwest Baja California, the 1999 Field Season Mexico. Adults have been found from Dated: January 22, 1999. sea level to approximately 1,500 meters Kevin Gover, AGENCY: Fish and Wildlife Service, (5,000 feet) and populations can be Assistant Secretary—Indian Affairs. Interior. found today in southern San Diego [FR Doc. 99–2277 Filed 1–29–99; 8:45 am] ACTION: Notice of Availability; Survey County and southwestern Riverside BILLING CODE 4310±02±P Protocol. County, California in association with SUMMARY: The Fish and Wildlife Service grasslands, and open areas in coastal (Service) announces the availability of sage scrub, chaparral, and sparse native DEPARTMENT OF THE INTERIOR its recommended survey protocol for the woodlands. Adult butterflies can be 1999 field season for determining the observed from mid-February to mid- Bureau of Indian Affairs May depending on weather and are presence/absence of the endangered Indian Gaming Quino checkerspot butterfly. Using most easily detected on open or sparsely information gathered during the 1998 vegetated rounded hilltops, ridgelines, AGENCY: Bureau of Indian Affairs, field survey season, we revised the and occasionally rocky outcrops. Interior. ‘‘Interim General Survey Protocols and We are seeking additional information ACTION: Notice of Amendments to Mitigation Guidelines for the to more adequately understand the Approved Tribal-State Compact. Endangered Quino Checkerspot occurrence and biology of the Quino Butterfly (Euphydryas editha quino)’’ checkerspot butterfly throughout its SUMMARY: Pursuant to section 11 of the dated November 4, 1997. The current range. Because we intend to annually Indian Gaming Regulatory Act of 1988, recommended protocol entitled ‘‘Survey review and modify the recommended Pub. L. 100–497, 25 U.S.C. 2710, the Protocol for the Endangered Quino survey protocol to ensure that the best Secretary of the Interior shall publish, in Checkerspot Butterfly (Euphydryas scientific information is incorporated the Federal Register, notice of approved editha quino) for the 1999 Field Season’’ into the prescribed methodology, data Tribal-State Compacts for the purpose of dated January 25, 1999, incorporates and comments on the 1999 field season engaging in Class III (casino) gambling those modifications found to be protocol received by August 2, 1999, on Indian reservations. The Assistant appropriate and replaces the 1997 will be considered in the development Secretary—Indian Affairs, Department interim protocol. We intend to annually of the year 2000 field season protocol. of the Interior, through his delegated review and modify this survey protocol authority, has approved the to ensure that the best scientific Dated: January 22, 1999. Amendments to the Ho-Chunk Nation information is incorporated into the Michael J. Spear, and the State of Wisconsin Gaming prescribed methodology. Manager, California/Nevada Operations Compact of 1992, which were executed DATES: Data, and comments on the 1999 Office, Sacramento, California. on December 11, 1998. field season protocol received by August [FR Doc. 99–2264 Filed 1–29–99; 8:45 am] DATES: This action is effective February 2, 1999, will be considered in the BILLING CODE 4310±55±P 1, 1999. Federal Register / Vol. 64, No. 20 / Monday, February 1, 1999 / Notices 4891

FOR FURTHER INFORMATION CONTACT: SUMMARY: This notice announces resources and provide for public George T. Skibine, Director, Indian upcoming public meetings to solicit enjoyment of those resources. Gaming Management Staff, Bureau of input on alternative management This is the first general management Indian Affairs, Washington, DC 20240, concepts for the Green Spring Unit of plan for the preserve. This plan presents (202) 219–4066. Colonial National Historical Park. This only broad strategies for resource Dated: January 22, 1999. is a preliminary step in the preparation management and visitor use. Two Kevin Gover, of a General Management Plan alternatives are presented: a proposal Amendment/ Environmental Impact and a ‘‘no action’’ alternative Assistant Secretary—Indian Affairs. Statement (GMPA/EIS) for this site. The representing a general continuation of [FR Doc. 99–2278 Filed 1–29–99; 8:45 am] draft GMPA/EIS will be published in existing conditions. BILLING CODE 4310±02±P the Spring of 1999. DATES: A series of public meetings will Public Meetings be held in surrounding communities in DEPARTMENT OF THE INTERIOR the winter of 1999. Please consult with Date and Time: Thursday, February local newspapers for the times and Bureau of Indian Affairs 18, 1999 from 1:00 to 4:30 pm; again locations or call the park for this Thursday, February 18, 1999 from 7:00– information. 10:30. Indian Gaming FOR FURTHER INFORMATION CONTACT: Address: Jamestown Visitor Center on Superintendent, Little River Canyon AGENCY: Bureau of Indian Affairs, Jamestown Island, 1368 Colonial National Preserve, 2141 Gault Avenue, Interior. Parkway, Jamestown, VA 23081. The purpose of the meetings is to North, Ft. Payne, Alabama 35967, ACTION: Notice of Amendments to Telephone: (256) 845–9605. Approved Tribal-State Compact. present the alternative management concepts being proposed for Green SUPPLEMENTARY INFORMATION: Copies of SUMMARY: Pursuant to section 11 of the Spring and to solicit input from the the document may be obtained from the Indian Gaming Regulatory Act of 1988, public on the advantages and Superintendent at the above address. Pub. L. 100–497, 25 U.S.C. 2710, the disadvantages of each different Comments on this Draft EIS and GMP Secretary of the Interior shall publish, in approach. The agenda for the meetings are solicited at this time. Comments the Federal Register, notice of approved consists of an overview of the project, a may be provided at the public meetings Tribal-State Compacts for the purpose of review of possible conceptual or to the Superintendent at the above engaging in Class III (casino) gambling approaches to site management address. on Indian reservations. The Assistant developed to date, and an open Dated: January 21, 1999. Secretary—Indian Affairs, Department discussion of citizen concerns. Daniel W. Brown, of the Interior, through his delegated We encourage all who have an Regional Director, Southeast Region. authority, has approved the interest in Green Spring’s future to [FR Doc. 99–2261 Filed 1–29–99; 8:45 am] attend or to contact the park Amendments to the Menominee Indian BILLING CODE 4310±70±M Tribe of Wisconsin and the State of superintendent by letter, telephone or e- Wisconsin Gaming Compact, which mail. were executed on November 25, 1998. FOR FURTHER INFORMATION CONTACT: DEPARTMENT OF THE INTERIOR DATES: This action is effective February Superintendent Colonial National 1, 1999. Historical Park, Post Office Box 210, National Park Service Yorktown, Virginia 23690, TEL: (757) FOR FURTHER INFORMATION CONTACT: 898–3400, E MAIL: Announcement of Subsistence George T. Skibine, Director, Indian [email protected]. Resource Commission Meeting Gaming Management Staff, Bureau of Indian Affairs, Washington, DC 20240, Dated: January 25, 1999. AGENCY: National Park Service, Interior. (202) 219–4066. Keith J. Everett, ACTION: Announcement of Subsistence Superintendent, Philadelphia Support Office, Dated: January 21, 1999. Resource Commission meeting. National Park Service. Kevin Gover, [FR Doc. 99–2260 Filed 1–29–99; 8:45 am] SUMMARY: The Superintendent of Assistant Secretary—Indian Affairs. BILLING CODE 4310±70±P Aniakchak National Monument and the [FR Doc. 99–2276 Filed 1–29–99; 8:45 am] Chairperson of the Subsistence Resource BILLING CODE 4310±02±P Commission for Aniakchak National DEPARTMENT OF THE INTERIOR Monument announce a forthcoming meeting of the Aniakchak National DEPARTMENT OF THE INTERIOR National Park Service Monument Subsistence Resource Commission. The following agenda National Park Service Environmental Statements; items will be discussed: Availability, etc.; Little River Canyon (1) Call to order. (Chairman) Environmental Statements; National Preserve, AL Availability, etc.: Colonial National (2) SRC Roll call; confirmation of Historical Park, VA; Meetings ACTION: Notice of Availability of a Draft quorum. (Chairman) Environmental Impact Statement (EIS) (3) Welcome and introductions. AGENCY: National Park Service; Interior on a General Management Plan (GMP) (Public, agency staff, others) (4) Review and adopt agenda. (SRC) ACTION: Notice of meetings for public for Little River Canyon National (5) Review and adopt minutes from review of progress on the General Preserve, Alabama. the October 1998 meeting. Management Plan Amendment/ SUMMARY: Little River Canyon National (6) Review commission’s role and Environmental Impact Statement being Preserve was established by Congress in purpose. prepared for the Green Spring unit of 1992 to preserve the area’s natural, (7) Status of commission membership. Colonial National Historical Park. scenic, recreational, and cultural (8) Public and agency comments. 4892 Federal Register / Vol. 64, No. 20 / Monday, February 1, 1999 / Notices

(9) Old business: provisions of the Federal Advisory accessing its internet server (http:// a. 1998 NPS/SRC Chairs Workshop Committees Act. www.usitc.gov). Report Paul R. Anderson, SUPPLEMENTARY INFORMATION: On b. Status of Aniakchak National Acting Regional Director. January 7, 1999, the Commission Preserve hunting guide prospectus. [FR Doc. 99–2262 Filed 1–29–99; 8:45 am] determined that it should proceed to a c. Aniakchak National Monument and BILLING CODE 4310±70±P full review in the subject five-year Preserve Wildlife Report. review pursuant to section 751(c)(5) of d. Review 1998 NPS/Secretary’s the Act. The Commission found that response to final subsistence hunting both domestic and respondent group INTERNATIONAL TRADE program recommendations. interested party responses to its notice COMMISSION e. Implementation of approved of institution (63 FR 52748, Oct. 1, hunting program recommendations. [Investigation No. 731±TA±25 (Review)] 1998) were inadequate. The f. Status of draft subsistence hunting Commission also found that other program recommendations. Anhydrous Sodium Metasilicate From circumstances warranted conducting a 1 (1) 97–1: Establish a one-year France full review. A record of the residency requirement for the resident Commissioners’ votes and statements AGENCY: United States International are available from the Office of the zone communities. Trade Commission. (2) 97–2: Establish a special Secretary and at the Commission’s web ACTION: registration permit requirement for non- Notice of Commission site. subsistence (sport) hunting, trapping, determination to conduct a full five-year Authority: This review is being conducted review concerning the antidumping under authority of title VII of the Tariff Act and fishing activities within the of 1930; this notice is published pursuant to Aniakchak National Preserve. duty order on anhydrous sodium metasilicate from France. section 207.62 of the Commission’s rules. (3) Designate Ivanoff Bay and Issued: January 26, 1999. Perryville as resident zone SUMMARY: The Commission hereby gives By order of the Commission. communities. notice that it will proceed with a full Donna R. Koehnke, (10) New business: review pursuant to section 751(c)(5) of Secretary. a. Federal Subsistence Program the Tariff Act of 1930 (19 U.S.C. [FR Doc. 99–2228 Filed 1–29–99; 8:45 am] update. 1675(c)(5)) (the Act) to determine BILLING CODE 7020±02±P (1) Bristol Bay Regional Council whether revocation of the antidumping report. duty order on anhydrous sodium (2) Review Unit 9E proposals/special metasilicate from France would be INTERNATIONAL TRADE actions. likely to lead to continuation or COMMISSION (3) Federal Subsistence Fisheries recurrence of material injury within a update. reasonably foreseeable time. A schedule [Investigations Nos. 731±TA±311±317 and for the review will be established and 379±380 (Review) (Investigations Nos. 701± b. ORV C&T Team Progress Report TA±269±270 (Review))] (Coordinator). announced at a later date. c. Draft Aniakchak Subsistence For further information concerning Brass Sheet and Strip From Brazil and Management Plan. the conduct of this review and rules of France; Brass Sheet and Strip From (11) Public and agency comments. general application, consult the Brazil, Canada, France, Italy, Korea, (12) SRC work session (draft Commission’s Rules of Practice and Sweden, Germany, Japan, and the proposals, letters, and Procedure, part 201, subparts A through Netherlands recommendations). E (19 CFR part 201), and part 207, AGENCY: United States International (13) Set time and place of next SRC subparts A, D, E, and F (19 CFR part Trade Commission. meeting. 207). Recent amendments to the Rules (14) Adjournment. of Practice and Procedure pertinent to ACTION: Institution of five-year reviews five-year reviews, including the text of concerning the countervailing duty DATES: The meeting will begin at 8 a.m. subpart F of part 207, are published at orders on brass sheet and strip from on Tuesday, February 9, 1999, and 63 FR 30599, June 5, 1998, and may be Brazil and France and the antidumping conclude at approximately 7 p.m. The downloaded from the Commission’s duty orders on brass sheet and strip meeting will reconvene at 8 a.m. on World Wide Web site at http:// from Brazil, Canada, France, Italy, Wednesday, February 10, 1998, and www.usitc.gov/rules.htm. Korea, Sweden, Germany, Japan, and adjourn at approximately 1 p.m. EFFECTIVE DATE: January 7, 1999. the Netherlands. LOCATION: The meeting location is: FOR FURTHER INFORMATION CONTACT: Vera Community Subsistence Building, SUMMARY: The Commission hereby gives Libeau (202–205–3176), Office of Chignik Lake, Alaska. notice that it has instituted reviews Investigations, U.S. International Trade pursuant to section 751(c) of the Tariff FOR FURTHER INFORMATION CONTACT: Deb Commission, 500 E Street SW, Act of 1930 (19 U.S.C. 1675(c)) (the Act) Ligget, Acting Superintendent, or Washington, DC 20436. Hearing- to determine whether revocation of the Donald Mike, Resource Specialist, impaired persons can obtain countervailing duty orders on brass Aniakchak National Monument, P.O. information on this matter by contacting sheet and strip from Brazil and France Box 7, King Salmon, Alaska 99613. the Commission’s TDD terminal on 202– and the antidumping duty orders on Phone (907) 246–3305. 205–1810. Persons with mobility brass sheet and strip from Brazil, SUPPLEMENTARY INFORMATION: The impairments who will need special Canada, France, Italy, Korea, Sweden, Subsistence Resource Commissions are assistance in gaining access to the Germany, Japan, and the Netherlands authorized under Title VIII, Section 808, Commission should contact the Office would be likely to lead to continuation of the Alaska National Interest Lands of the Secretary at 202–205–2000. Conservation Act, Pub. L. 96–487, and General information concerning the 1 Chairman Bragg and Commissioners Crawford operate in accordance with the Commission may also be obtained by and Askey dissenting. Federal Register / Vol. 64, No. 20 / Monday, February 1, 1999 / Notices 4893 or recurrence of material injury. to lead to continuation or recurrence of Industry is producers of all Unified Pursuant to section 751(c)(2) of the Act, material injury to the domestic industry Numbering System C20000 domestically interested parties are requested to within a reasonably foreseeable time. produced brass sheet and strip. respond to this notice by submitting the Definitions.—The following (5) The Order Dates are the dates that information specified below to the definitions apply to these reviews: the antidumping and countervailing Commission; the deadline for responses (1) Subject Merchandise is the class or duty orders under review became is March 23, 1999. Comments on the kind of merchandise that is within the effective. In the review concerning the adequacy of responses may be filed with scope of the five-year reviews, as countervailing duty order on brass sheet the Commission by April 16, 1999. defined by the Department of and strip from Brazil, the Order Date is For further information concerning Commerce. January 8, 1987. In the review the conduct of these reviews and rules (2) The Subject Countries in these concerning the antidumping duty orders of general application, consult the reviews are Brazil, Canada, France, on brass sheet and strip from Brazil, Commission’s Rules of Practice and Germany, Italy, Japan, Korea, the Canada, and Korea, the Order Date is Procedure, part 201, subparts A through Netherlands, and Sweden. January 12, 1987. In the review E (19 CFR part 201), and part 207, (3) The Domestic Like Product is the concerning the countervailing duty subparts A, D, E, and F (19 CFR part domestically produced product or order on brass sheet and strip from 207). Recent amendments to the Rules products which are like, or in the France and the antidumping duty orders of Practice and Procedure pertinent to absence of like, most similar in on brass sheet and strip from France, five-year reviews, including the text of characteristics and uses with, the Germany, Italy and Sweden, the Order subpart F of part 207, are published at Subject Merchandise. In its original Date is March 6, 1987. In the review 63 FR 30599, June 5, 1998, and may be countervailing duty determinations concerning the antidumping duty orders downloaded from the Commission’s concerning brass sheet and strip from on brass sheet and strip from Japan and World Wide Web site at http:// Brazil and France and antidumping the Netherlands, the Order Date is www.usitc.gov/rules.htm. duty determinations concerning brass August 12, 1988. sheet and strip from Brazil, Canada, (6) An Importer is any person or firm EFFECTIVE DATE: February 1, 1999. France, Germany, Italy, Korea, and engaged, either directly or through a FOR FURTHER INFORMATION CONTACT: Sweden, the Commission defined the parent company or subsidiary, in Mary Messer (202–205–3193) or Vera Domestic Like Product to include brass importing the Subject Merchandise into Libeau (202–205–3176), Office of material to be rerolled (reroll) and the United States from a foreign Investigations, U.S. International Trade finished brass sheet and strip (finished manufacturer or through its selling Commission, 500 E Street SW, products). In its original antidumping agent. Washington, DC 20436. Hearing- duty determinations and the remand Participation in the reviews and impaired persons can obtain determinations concerning brass sheet public service list.—Persons, including information on this matter by contacting and strip from Japan and the industrial users of the Subject the Commission’s TDD terminal on 202– Netherlands, the Commission defined Merchandise and, if the merchandise is 205–1810. Persons with mobility the Domestic Like Product to be all sold at the retail level, representative impairments who will need special Unified Numbering System C20000 consumer organizations, wishing to assistance in gaining access to the domestically produced brass sheet and participate in the reviews as parties Commission should contact the Office strip. One Commissioner defined the must file an entry of appearance with of the Secretary at 202–205–2000. Domestic Like Product differently. For the Secretary to the Commission, as General information concerning the purposes of this notice, the Domestic provided in section 201.11(b)(4) of the Commission may also be obtained by Like Product is all Unified Numbering Commission’s rules, no later than 21 accessing its internet server (http:// System C20000 domestically produced days after publication of this notice in www.usitc.gov). brass sheet and strip. the Federal Register. The Secretary will SUPPLEMENTARY INFORMATION: (4) The Domestic Industry is the U.S. maintain a public service list containing Background.—On January 8, 1987, the producers as a whole of the Domestic the names and addresses of all persons, Department of Commerce issued a Like Product, or those producers whose or their representatives, who are parties countervailing duty order on imports of collective output of the Domestic Like to the reviews. brass sheet and strip from Brazil (52 FR Product constitutes a major proportion Limited disclosure of business 698). On January 12, 1987, the of the total domestic production of the proprietary information (BPI) under an Department of Commerce issued product. In its original countervailing administrative protective order (APO) antidumping duty orders on imports of duty determination concerning brass and APO service list.—Pursuant to brass sheet and strip from Brazil, sheet and strip from Brazil and France section 207.7(a) of the Commission’s Canada, and Korea (52 FR 1214). On and antidumping duty determinations rules, the Secretary will make BPI March 6, 1987, the Department of concerning brass sheet and strip from submitted in these reviews available to Commerce issued a countervailing duty Brazil, Canada, France, Germany, Italy, authorized applicants under the APO order on imports of brass sheet and strip Korea, and Sweden, the Commission issued in the review, provided that the from France and antidumping duty defined the Domestic Industry to application is made no later than 21 orders on imports of brass sheet and include primary mills with casting days after publication of this notice in strip from France, Germany, Italy, and capabilities and rerollers. In its original the Federal Register. Authorized Sweden (52 FR 6995; Italy amended at antidumping duty determinations and applicants must represent interested 52 FR 11299 (April 8, 1987)). On August the remand determinations concerning parties, as defined in 19 U.S.C. 1677(9), 12, 1988, the Department of Commerce brass sheet and strip from Japan and the who are parties to the reviews. A issued antidumping duty orders on Netherlands, the Commission defined separate service list will be maintained imports of brass sheet and strip from the Domestic Industry as producers of by the Secretary for those parties Japan and the Netherlands (53 FR the corresponding Domestic Like authorized to receive BPI under the 30454). The Commission is conducting Product. One Commissioner defined the APO. reviews to determine whether Domestic Industry differently. For Certification.—Pursuant to section revocation of the orders would be likely purposes of this notice, the Domestic 207.3 of the Commission’s rules, any 4894 Federal Register / Vol. 64, No. 20 / Monday, February 1, 1999 / Notices person submitting information to the complete response to this notice, the Sweden that currently export or have Commission in connection with these Commission may take an adverse exported Subject Merchandise to the reviews must certify that the inference against the party pursuant to United States or other countries since information is accurate and complete to section 776(b) of the Act in making its 1986. A list of all known and currently the best of the submitter’s knowledge. In determinations in the reviews. operating U.S. importers of the Subject making the certification, the submitter Information to be Provided in Merchandise and producers of the will be deemed to consent, unless Response to this Notice of Institution: If Subject Merchandise in Japan and the otherwise specified, for the you are a domestic producer, union/ Netherlands that currently export or Commission, its employees, and worker group, or trade/business have exported Subject Merchandise to contract personnel to use the association; import/export Subject the United States or other countries information provided in any other Merchandise from more than one since 1987. reviews or investigations of the same or Subject Country; or produce Subject (7) If you are a U.S. producer of a comparable products which the Merchandise in more than one Subject Domestic Like Product, provide the Commission conducts under Title VII of Country, you may file a single response. following information separately on the Act, or in internal audits and If you do so, please ensure that your your firm’s operations on each product investigations relating to the programs response to each question includes the during calendar year 1998 (report and operations of the Commission information requested for each pertinent quantity data in thousands of pounds pursuant to 5 U.S.C. Appendix 3. Subject Country. As used below, the and value data in thousands of U.S. Written submissions.—Pursuant to term ‘‘firm’’ includes any related firms. dollars, f.o.b. plant). If you are a union/ section 207.61 of the Commission’s (1) The name and address of your firm worker group or trade/business rules, each interested party response to or entity (including World Wide Web association, provide the information, on this notice must provide the information address if available) and name, an aggregate basis, for the firms in specified below. The deadline for filing telephone number, fax number, and E- which your workers are employed/ such responses is March 23, 1999. mail address of the certifying official. which are members of your association. Pursuant to section 207.62(b) of the (2) A statement indicating whether (a) Production (quantity) and, if Commission’s rules, eligible parties (as your firm/entity is a U.S. producer of known, an estimate of the percentage of specified in Commission rule the Domestic Like Product to which total U.S. production of the Domestic 207.62(b)(1)) may also file comments your response pertains, a U.S. union or Like Product accounted for by your concerning the adequacy of responses to worker group, a U.S. importer of the firm’s(s’) production; and the notice of institution and whether the Subject Merchandise, a foreign producer (b) The quantity and value of U.S. Commission should conduct expedited or exporter of the Subject Merchandise, commercial shipments of the Domestic or full reviews. The deadline for filing a U.S. or foreign trade or business Like Product produced in your U.S. such comments is April 16, 1999. All association, or another interested party plant(s). written submissions must conform with (including an explanation). If you are a (8) If you are a U.S. importer or a the provisions of sections 201.8 and union/worker group or trade/business trade/business association of U.S. 207.3 of the Commission’s rules and any association, identify the firms in which importers of the Subject Merchandise submissions that contain BPI must also your workers are employed or which are from the Subject Countries, provide the conform with the requirements of members of your association. following information on your firm’s(s’) sections 201.6 and 207.7 of the (3) A statement indicating whether operations on that product during Commission’s rules. The Commission’s your firm/entity is willing to participate calendar year 1998 (report quantity data rules do not authorize filing of in these reviews by providing in thousands of pounds and value data submissions with the Secretary by information requested by the in thousands of U.S. dollars). If you are facsimile or electronic means. Also, in Commission. a trade/business association, provide the accordance with sections 201.16(c) and (4) A statement of the likely effects of information, on an aggregate basis, for 207.3 of the Commission’s rules, each the revocation of the antidumping and the firms which are members of your document filed by a party to the reviews countervailing duty orders on each association. must be served on all other parties to Domestic Industry for which you are (a) The quantity and value (landed, the reviews (as identified by either the filing a response in general and/or your duty-paid but not including public or APO service list as firm/entity specifically. In your antidumping or countervailing duties) appropriate), and a certificate of service response, please discuss the various of U.S. imports and, if known, an must accompany the document (if you factors specified in section 752(a) of the estimate of the percentage of total U.S. are not a party to the reviews you do not Act (19 U.S.C. 1675a(a)) including the imports of Subject Merchandise from need to serve your response). likely volume of subject imports, likely the Subject Countries accounted for by Inability to provide requested price effects of subject imports, and your firm’s(s’) imports; and information.—Pursuant to section likely impact of imports of Subject (b) The quantity and value (f.o.b. U.S. 207.61(c) of the Commission’s rules, any Merchandise on the Domestic Industry. port, including antidumping and/or interested party that cannot furnish the (5) A list of all known and currently countervailing duties) of U.S. information requested by this notice in operating U.S. producers of each commercial shipments of Subject the requested form and manner shall Domestic Like Product for which you Merchandise imported from the Subject notify the Commission at the earliest are filing a response. Identify any Countries. possible time, provide a full explanation known related parties and the nature of (9) If you are a producer, an exporter, of why it cannot provide the requested the relationship as defined in section or a trade/business association of information, and indicate alternative 771(4)(B) of the Act (19 U.S.C. producers or exporters of the Subject forms in which it can provide 1677(4)(B)). Merchandise in the Subject Countries, equivalent information. If an interested (6) A list of all known and currently provide the following information on party does not provide this notification operating U.S. importers of the Subject your firm’s(s’) operations on that (or the Commission finds the Merchandise and producers of the product during calendar year 1998 explanation provided in the notification Subject Merchandise in Brazil, Canada, (report quantity data in thousands of inadequate) and fails to provide a France, Germany, Italy, Korea, and pounds and value data in thousands of Federal Register / Vol. 64, No. 20 / Monday, February 1, 1999 / Notices 4895

U.S. dollars, landed and duty-paid at INTERNATIONAL TRADE Atmel’s motion to file a reply brief and the U.S. port but not including COMMISSION respondents’ motions to file surreplies. antidumping or countervailing duties). On August 28, 1998, Atmel filed a [Inv. No. 337±TA±395] If you are a trade/business association, notice of appeal of the Commission’s provide the information, on an aggregate In the Matter of Certain EPROM, final determination in this investigation basis, for the firms which are members EEPROM, Flash Memory, and Flash with the United States Court of Appeals of your association. Microcontroller Semiconductor for the Federal Circuit. On October 26, (a) Production (quantity) and, if Devices, and Products Containing 1998, Atmel identified as an appellate known, an estimate of the percentage of Same; Notice of Commission Decision issue the Commission’s determination that the ‘903 patent is unenforceable for total production of Subject Merchandise to Reconsider Portions of Final failure to name an inventor. On in the Subject Countries accounted for Determination by your firm’s(s’) production; and November 6, 1998, respondents Sanyo AGENCY: U.S. International Trade and Winbond filed motions to dismiss (b) The quantity and value of your the inventorship issue as moot. The firm’s(s’) exports to the United States of Commission. ACTION: Notice. Commission took no position on those Subject Merchandise and, if known, an motions in order not to prejudice its estimate of the percentage of total SUMMARY: Notice is hereby given that deliberations on Atmel’s petition for exports to the United States of Subject the U.S. International Trade relief. On December 8, 1998, the Federal Merchandise from the Subject Countries Commission has determined to Circuit stayed the appeal pending the accounted for by your firm’s(s’) exports. reconsider certain portions of its final Commission’s disposition of Atmel’s (10) Identify significant changes, if determination in the above-captioned petition. any, in the supply and demand investigation. Having examined the petition, the conditions or business cycle for each FOR FURTHER INFORMATION CONTACT: John briefs in opposition, the reply brief, and Domestic Like Product that have A. Wasleff, Esq., Office of the General the surreplies, the Commission has occurred in the United States or in the Counsel, U.S. International Trade determined to reconsider its market for the Subject Merchandise in Commission, telephone 202–205–3094. determination that the ‘903 patent is the Subject Countries since the Order unenforceable for failure to name an SUPPLEMENTARY INFORMATION: Dates, and significant changes, if any, The inventor, and its consequent finding of that are likely to occur within a Commission instituted this investigation no violation of section 337 with respect reasonably foreseeable time. Supply on March 18, 1997, based on a to the ‘903 patent. On reconsideration, conditions to consider include complaint filed by Atmel Corporation. the record will be reopened and the technology; production methods; 62 FR 13706. The complaint named five investigation remanded to the presiding development efforts; ability to increase respondents: Sanyo Electric Co., Ltd., administrative law judge, Judge Paul J. production (including the shift of Winbond Electronics Corporation and Luckern, for the limited purpose of production facilities used for other Winbond Electronics North America resolving the issues arising from the products and the use, cost, or Corporation (collectively Winbond), issuance of the Certificate of Correction availability of major inputs into Macronix International Co., Ltd., and to the ‘903 patent. production); and factors related to the Macronix America, Inc. (collectively This action is taken under the ability to shift supply among different Macronix). Silicon Storage Technology, authority of section 337 of the Tariff Act national markets (including barriers to Inc. (SST) was permitted to intervene. of 1930 (19 U.S.C. 1337) and section importation in foreign markets or In its complaint, Atmel alleged, inter 210.47 of the Commission’s Rules of changes in market demand abroad). alia, that respondents violated section Practice and Procedure (19 CFR 210.47). Demand conditions to consider include 337 of the Tariff Act of 1930 by The Commission waived the 14-day end uses and applications; the existence importing into the United States, selling limit under rule 210.47 pursuant to rule and availability of substitute products; for importation, and/or selling in the 210.4(b) (19 CFR 210.4(b)). and the level of competition among the United States after importation certain Copies of Atmel’s petition and all Domestic Like Product produced in the electronic products and/or components other nonconfidential documents filed United States, Subject Merchandise that infringe claim 1 of U.S. Letters in connection with this investigation are produced in the Subject Countries, and Patent 4,451,903 (the ‘903 patent). or will be available for inspection such merchandise from other countries. On July 2, 1998, the Commission during official business hours (8:45 a.m. determined that the 903 patent was (11) (OPTIONAL) A statement of to 5:15 p.m.) in the Office of the unenforceable for failure to name an whether you agree with the above Secretary, U.S. International Trade inventor, and hence that there was no definitions of the Domestic Like Product Commission, 500 E Street SW, violation of section 337 with respect to and Domestic Industry; if you disagree Washington, DC 20436, telephone 202– that patent. On August 11, 1998, Atmel with either or both of these definitions, 205–2000. Hearing-impaired persons are filed a petition to correct the please explain why and provide advised that information on this matter inventorship of the 903 patent with the alternative definitions. can be obtained by contacting the U.S. Patent and Trademark Office Commission’s TDD terminal on 202– Authority: These reviews are being (PTO). The PTO granted that petition on conducted under authority of title VII of the 205–1810. General information August 18, 1998, and issued a concerning the Commission may also be Tariff Act of 1930; this notice is published Certificate of Correction on October 6, pursuant to section 207.61 of the obtained by accessing its Internet server Commission’s rules. 1998. On September 8, 1998, Atmel (http://www.usitc.gov). filed with the Commission a Petition Issued: January 27, 1999. For Relief From Final Determination Issued: January 25, 1999. By order of the Commission. Finding U.S. Patent No. 4,415,903 By order of the Commission. Donna R. Koehnke, Unenforceable. Respondents and the Donna R. Koehnke, Secretary. Commission’s Office of Unfair import Secretary. [FR Doc. 99–2351 Filed 1–29–99; 8:45 am] Investigations filed responses to the [FR Doc. 99–2227 Filed 1–29–99; 8:45 am] BILLING CODE 7020±02±P petition. The Commission granted BILLING CODE 7020±02±P 4896 Federal Register / Vol. 64, No. 20 / Monday, February 1, 1999 / Notices

INTERNATIONAL TRADE EFFECTIVE DATE: February 1, 1999. In the original antidumping and COMMISSION FOR FURTHER INFORMATION CONTACT: countervailing duty determinations concerning top-of-the-stove stainless [Investigations Nos. 731±TA±298±299 Mary Messer (202–205–3193) or Vera (Review)] Libeau (202–205–3176), Office of steel cooking ware from Korea and Investigations, U.S. International Trade Taiwan, the Commission defined the Porcelain-on-Steel Cooking Ware From Commission, 500 E Street SW, Domestic Like Product to correspond China and Taiwan Washington, DC 20436. Hearing- with the Subject Merchandise, that is, impaired persons can obtain all top-of-the-stove stainless steel Porcelain-on-Steel Cooking Ware From information on this matter by contacting cooking ware, excluding teakettles, Mexico (Investigations Nos. 701–TA–265 ovenware, and kitchen ware. and 731–TA–297 (Review)) the Commission’s TDD terminal on 202– 205–1810. Persons with mobility (4) The Domestic Industry is the U.S. Top-of-the-Stove Stainless Steel Cooking impairments who will need special producers as a whole of the Domestic Ware From Korea (Investigations Nos. assistance in gaining access to the Like Product, or those producers whose 701–TA–267 and 731–TA–304 (Review)) collective output of the Domestic Like Top-of-the-Stove Stainless Steel Cooking Commission should contact the Office of the Secretary at 202–205–2000. Product constitutes a major proportion Ware From Taiwan (Investigations Nos. of the total domestic production of the 701–TA–268 and 731–TA–305 (Review)) General information concerning the Commission may also be obtained by product. In its original determinations AGENCY: United States International accessing its internet server (http:// concerning porcelain-on-steel cooking Trade Commission. www.usitc.gov). ware from China, Mexico, and Taiwan, ACTION: Institution of five-year reviews the Commission defined the Domestic concerning the countervailing duty SUPPLEMENTARY INFORMATION: Industry as producers of porcelain-on- orders on porcelain-on-steel cooking Background.—On December 2, 1986, steel cooking ware, including teakettles. ware from Mexico and top-of-the-stove the Department of Commerce issued One Commissioner defined the stainless steel cooking ware from Korea antidumping duty orders on imports of Domestic Industry differently in the and Taiwan and the antidumping duty porcelain-on-steel cooking ware from original antidumping and orders on porcelain-on-steel cooking China, Mexico, and Taiwan (51 FR countervailing duty determinations ware from China, Mexico, and Taiwan 43414). On December 12, 1986, the concerning porcelain-on-steel cooking and top-of-the-stove stainless steel Department of Commerce issued a ware from China, Mexico, and Taiwan. cooking ware from Korea and Taiwan. countervailing duty order on imports of In the original antidumping and porcelain-on-steel cooking ware from countervailing duty determinations SUMMARY: The Commission hereby gives Mexico (51 FR 44827). On January 20, concerning top-of-the-stove stainless notice that it has instituted reviews 1987, the Department of Commerce steel cooking ware from Korea and pursuant to section 751(c) of the Tariff issued antidumping and countervailing Taiwan, the Commission defined the Act of 1930 (19 U.S.C. 1675(c)) (the Act) duty orders on imports of top-of-the- Domestic Industry as producers of top- to determine whether revocation of the stove stainless steel cooking ware from of-the-stove stainless steel cooking ware. countervailing duty orders on porcelain- Korea and Taiwan (52 FR 2138). The (5) The Order Dates are the dates that on-steel cooking ware from Mexico and Commission is conducting reviews to the antidumping and countervailing top-of-the-stove stainless steel cooking determine whether revocation of the duty orders under review became ware from Korea and Taiwan and the orders would be likely to lead to effective. In the reviews concerning the antidumping duty orders on porcelain- continuation or recurrence of material antidumping duty orders on porcelain- on-steel cooking ware from China, injury to the domestic industry within on-steel cooking ware from China, Mexico, and Taiwan and top-of-the- a reasonably foreseeable time. Mexico, and Taiwan, the Order Date is stove stainless steel cooking ware from Definitions.—The following December 2, 1986. In the review Korea and Taiwan would be likely to definitions apply to these reviews: concerning the countervailing duty lead to continuation or recurrence of (1) Subject Merchandise is the class or order on porcelain-on-steel cooking material injury. Pursuant to section kind of merchandise that is within the ware from Mexico, the Order Date is 751(c)(2) of the Act, interested parties scope of the five-year reviews, as December 12, 1986. In the reviews are requested to respond to this notice defined by the Department of concerning the antidumping and by submitting the information specified Commerce. countervailing duty orders on top-of- below to the Commission; the deadline (2) The Subject Countries in these the-stove stainless steel cooking ware for responses is March 23, 1999. reviews are China, Korea, Mexico, and from Korea and Taiwan, the Order Date Comments on the adequacy of responses Taiwan. is January 20, 1987. may be filed with the Commission by (3) The Domestic Like Product is the (6) An Importer is any person or firm April 16, 1999. domestically produced product or engaged, either directly or through a For further information concerning products which are like, or in the parent company or subsidiary, in the conduct of these reviews and rules absence of like, most similar in importing the Subject Merchandise into of general application, consult the characteristics and uses with, the the United States from a foreign Commission’s Rules of Practice and Subject Merchandise. In its original manufacturer or through its selling Procedure, part 201, subparts A through determinations concerning porcelain- agent. E (19 CFR part 201), and part 207, on-steel cooking ware from China, Participation in the reviews and subparts A, D, E, and F (19 CFR part Mexico, and Taiwan, the Commission public service list.—Persons, including 207). Recent amendments to the Rules defined the Domestic Like Product as all industrial users of the Subject of Practice and Procedure pertinent to porcelain-on-steel cooking ware, Merchandise and, if the merchandise is five-year reviews, including the text of including teakettles. One Commissioner sold at the retail level, representative subpart F of part 207, are published at defined the Domestic Like Product consumer organizations, wishing to 63 FR 30599, June 5, 1998, and may be differently in the original antidumping participate in the reviews as parties downloaded from the Commission’s and countervailing duty determinations must file an entry of appearance with World Wide Web site at http:// concerning porcelain-on-steel cooking the Secretary to the Commission, as www.usitc.gov/rules.htm. ware from China, Mexico, and Taiwan. provided in section 201.11(b)(4) of the Federal Register / Vol. 64, No. 20 / Monday, February 1, 1999 / Notices 4897

Commission’s rules, no later than 21 submissions with the Secretary by union/worker group or trade/business days after publication of this notice in facsimile or electronic means. Also, in association, identify the firms in which the Federal Register. The Secretary will accordance with sections 201.16(c) and your workers are employed or which are maintain a public service list containing 207.3 of the Commission’s rules, each members of your association. the names and addresses of all persons, document filed by a party to the reviews (3) A statement indicating whether or their representatives, who are parties must be served on all other parties to your firm/entity is willing to participate to the reviews. the reviews (as identified by either the in these reviews by providing Limited disclosure of business public or APO service list as information requested by the proprietary information (BPI) under an appropriate), and a certificate of service Commission. administrative protective order (APO) must accompany the document (if you (4) A statement of the likely effects of and APO service list.—Pursuant to are not a party to the reviews you do not the revocation of the antidumping and section 207.7(a) of the Commission’s need to serve your response). countervailing duty orders on each rules, the Secretary will make BPI Inability to provide requested Domestic Industry for which you are submitted in these reviews available to information.—Pursuant to section filing a response in general and/or your authorized applicants under the APO 207.61(c) of the Commission’s rules, any firm/entity specifically. In your issued in the reviews, provided that the interested party that cannot furnish the response, please discuss the various application is made no later than 21 information requested by this notice in factors specified in section 752(a) of the days after publication of this notice in the requested form and manner shall Act (19 U.S.C. § 1675a(a)) including the the Federal Register. Authorized notify the Commission at the earliest likely volume of subject imports, likely applicants must represent interested possible time, provide a full explanation price effects of subject imports, and parties, as defined in 19 U.S.C. 1677(9), of why it cannot provide the requested likely impact of imports of Subject who are parties to the reviews. A information, and indicate alternative Merchandise on the Domestic Industry. separate service list will be maintained forms in which it can provide (5) A list of all known and currently by the Secretary for those parties equivalent information. If an interested operating U.S. producers of each authorized to receive BPI under the party does not provide this notification Domestic Like Product for which you APO. (or the Commission finds the are filing a response. Identify any Certification.—Pursuant to section explanation provided in the notification known related parties and the nature of 207.3 of the Commission’s rules, any inadequate) and fails to provide a the relationship as defined in section person submitting information to the complete response to this notice, the 771(4)(B) of the Act (19 U.S.C. Commission in connection with these Commission may take an adverse § 1677(4)(B)). reviews must certify that the inference against the party pursuant to (6) A list of all known and currently information is accurate and complete to section 776(b) of the Act in making its operating U.S. importers of porcelain- the best of the submitter’s knowledge. In determinations in the reviews. making the certification, the submitter Information to be Provided in on-steel cooking ware and producers of will be deemed to consent, unless Response to This Notice of Institution: porcelain-on-steel cooking ware in otherwise specified, for the Please provide the requested China, Mexico, and Taiwan that Commission, its employees, and information separately for each currently export or have exported contract personnel to use the Domestic Like Product, as defined by Subject Merchandise to the United information provided in any other the Commission in its original States or other countries since 1985. A reviews or investigations of the same or determinations, and for each of the list of all known and currently operating comparable products which the products identified by Commerce as U.S. importers of top-of-the-stove Commission conducts under Title VII of Subject Merchandise. If you are a stainless steel cooking ware and the Act, or in internal audits and domestic producer, union/worker producers of top-of-the-stove stainless investigations relating to the programs group, or trade/business association; steel cooking ware in Korea and Taiwan and operations of the Commission import/export Subject Merchandise that currently export or have exported pursuant to 5 U.S.C. Appendix 3. from more than one Subject Country; or Subject Merchandise to the United Written submissions.—Pursuant to produce Subject Merchandise in more States or other countries since 1986. section 207.61 of the Commission’s than one Subject Country, you may file (7) If you are a U.S. producer of a rules, each interested party response to a single response. If you do so, please Domestic Like Product, provide the this notice must provide the information ensure that your response to each following information separately on specified below. The deadline for filing question includes the information your firm’s operations on each product such responses is March 23, 1999. requested for each pertinent Subject during calendar year 1998 (report Pursuant to section 207.62(b) of the Country. As used below, the term quantity data in thousands of units and Commission’s rules, eligible parties (as ‘‘firm’’ includes any related firms. value data in thousands of U.S. dollars, specified in Commission rule (1) The name and address of your firm f.o.b. plant). If you are a union/worker 207.62(b)(1)) may also file comments or entity (including World Wide Web group or trade/business association, concerning the adequacy of responses to address if available) and name, provide the information, on an aggregate the notice of institution and whether the telephone number, fax number, and E- basis, for the firms in which your Commission should conduct expedited mail address of the certifying official. workers are employed/which are or full reviews. The deadline for filing (2) A statement indicating whether members of your association. such comments is April 16, 1999. All your firm/entity is a U.S. producer of (a) Production (quantity) and, if written submissions must conform with the Domestic Like Product to which known, an estimate of the percentage of the provisions of sections 201.8 and your response pertains, a U.S. union or total U.S. production of the Domestic 207.3 of the Commission’s rules and any worker group, a U.S. importer of the Like Product accounted for by your submissions that contain BPI must also Subject Merchandise, a foreign producer firm’s(s’) production; and conform with the requirements of or exporter of the Subject Merchandise, (b) The quantity and value of U.S. sections 201.6 and 207.7 of the a U.S. or foreign trade or business commercial shipments of the Domestic Commission’s rules. The Commission’s association, or another interested party Like Product produced in your U.S. rules do not authorize filing of (including an explanation). If you are a plant(s). 4898 Federal Register / Vol. 64, No. 20 / Monday, February 1, 1999 / Notices

(8) If you are a U.S. importer or a development efforts; ability to increase Mexico and standard carnations from trade/business association of U.S. production (including the shift of Chile and Kenya. importers of the Subject Merchandise production facilities used for other from the Subject Countries, provide the products and the use, cost, or SUMMARY: The Commission hereby gives following information on your firm’s(s’) availability of major inputs into notice that it has instituted reviews operations on that product during production); and factors related to the pursuant to section 751(c) of the Tariff calendar year 1998 (report quantity data ability to shift supply among different Act of 1930 (19 U.S.C. 1675(c)) (the Act) in thousands of units and value data in national markets (including barriers to to determine whether revocation of the thousands of U.S. dollars). If you are a importation in foreign markets or countervailing duty orders on standard trade/business association, provide the changes in market demand abroad). chrysanthemums from the Netherlands, information, on an aggregate basis, for Demand conditions to consider include standard carnations from Chile, and the firms which are members of your end uses and applications; the existence pompon chrysanthemums from Peru association. and availability of substitute products; and the antidumping duty orders on (a) The quantity and value (landed, and the level of competition among the fresh cut flowers from Colombia, duty-paid but not including Domestic Like Product produced in the Ecuador, and Mexico and standard antidumping or countervailing duties) United States, Subject Merchandise carnations from Chile and Kenya would of U.S. imports and, if known, an produced in the Subject Countries, and be likely to lead to continuation or estimate of the percentage of total U.S. such merchandise from other countries. recurrence of material injury. Pursuant imports of Subject Merchandise from (11) (OPTIONAL) A statement of to section 751(c)(2) of the Act, interested the Subject Countries accounted for by whether you agree with the above parties are requested to respond to this your firm’s(s’) imports; and definitions of the Domestic Like Product notice by submitting the information (b) The quantity and value (f.o.b. U.S. and Domestic Industry; if you disagree specified below to the Commission; the port, including antidumping and/or with either or both of these definitions, deadline for responses is March 23, countervailing duties) of U.S. please explain why and provide 1999. Comments on the adequacy of commercial shipments of Subject alternative definitions. responses may be filed with the Merchandise imported from the Subject Authority: These reviews are being Commission by April 16, 1999. Countries. conducted under authority of title VII of the (9) If you are a producer, an exporter, Tariff Act of 1930; this notice is published For further information concerning or a trade/business association of pursuant to section 207.61 of the the conduct of these reviews and rules producers or exporters of the Subject Commission’s rules. of general application, consult the Merchandise in the Subject Countries, Issued: January 27, 1999. Commission’s Rules of Practice and Procedure, part 201, subparts A through provide the following information on By order of the Commission. your firm’s(s’) operations on that E (19 CFR part 201), and part 207, Donna R. Koehnke, product during calendar year 1998 subparts A, D, E, and F (19 CFR part (report quantity data in thousands of Secretary. 207). Recent amendments to the Rules units and value data in thousands of [FR Doc. 99–2353 Filed 1–29–99; 8:45 am] of Practice and Procedure pertinent to U.S. dollars, landed and duty-paid at BILLING CODE 7020±02±P five-year reviews, including the text of the U.S. port but not including subpart F of part 207, are published at antidumping or countervailing duties). 63 FR 30599, June 5, 1998, and may be INTERNATIONAL TRADE If you are a trade/business association, downloaded from the Commission’s COMMISSION provide the information, on an aggregate World Wide Web site at http:// basis, for the firms which are members www.usitc.gov/rules.htm. of your association. [Investigation No. 701±TA±278 (Review), EFFECTIVE DATE: February 1, 1999. (a) Production (quantity) and, if etc.] known, an estimate of the percentage of FOR FURTHER INFORMATION CONTACT: Standard Chrysanthemums From the total production of Subject Merchandise Mary Messer (202–205–3193) or Vera Netherlands, et al. in the Subject Countries accounted for Libeau (202–205–3176), Office of by your firm’s(s’) production; and Fresh Cut Flowers From Colombia, Ecuador, Investigations, U.S. International Trade (b) The quantity and value of your and Mexico (Investigations Nos. 731– Commission, 500 E Street SW, firm’s(s’) exports to the United States of TA–329, 331, and 333 (Review)) Washington, DC 20436. Hearing- Subject Merchandise and, if known, an Standard Carnations From Chile impaired persons can obtain estimate of the percentage of total (Investigations Nos. 701–TA–276 and information on this matter by contacting exports to the United States of Subject 731–TA–328 (Review)) the Commission’s TDD terminal on 202– Merchandise from the Subject Countries Standard Carnations From Kenya 205–1810. Persons with mobility (Investigation No. 731–TA–332 (Review)) accounted for by your firm’s(s’) exports. Pompon Chrysanthemums From Peru impairments who will need special (10) Identify significant changes, if (Investigation No. 303–TA–18 (Review)) assistance in gaining access to the any, in the supply and demand Commission should contact the Office conditions or business cycle for each AGENCY: United States International of the Secretary at 202–205–2000. Domestic Like Product that have Trade Commission. General information concerning the occurred in the United States or in the ACTION: Institution of five-year reviews Commission may also be obtained by market for the Subject Merchandise in concerning the countervailing duty accessing its internet server (http:// the Subject Countries since the Order orders on standard chrysanthemums www.usitc.gov). Dates, and significant changes, if any, from the Netherlands, standard that are likely to occur within a carnations from Chile, and pompon SUPPLEMENTARY INFORMATION: reasonably foreseeable time. Supply chrysanthemums from Peru and the Background.—On the dates listed conditions to consider include antidumping duty orders on fresh cut below, the Department of Commerce technology; production methods; flowers from Colombia, Ecuador, and issued orders on the subject imports: Federal Register / Vol. 64, No. 20 / Monday, February 1, 1999 / Notices 4899

Date Product/country Investigation No. FEDERAL REG- ISTER cite

3/12/87 ...... Standard chrysanthemums/Netherlands ...... 701±TA±278 52 F.R. 7646. 3/18/87 ...... Fresh cut flowers 1/Colombia ...... 731±TA±329 52 F.R. 8492. 3/18/87 ...... Fresh cut flowers 2/Ecuador ...... 731±TA±331 52 F.R. 8494. 3/19/87 ...... Standard carnations/Chile ...... 701±TA±276 52 F.R. 8635. 3/20/87 ...... Standard carnations/Chile ...... 731±TA±328 52 F.R. 8939. 4/23/87 ...... Standard carnations/Kenya ...... 731±TA±332 52 F.R. 13490. 4/23/87 ...... Fresh cut flowers 3/Mexico ...... 731±TA±333 52 F.R. 13491. 4/23/87 ...... Pompon chrysanthemums/Peru ...... 303±TA±18 52 F.R. 13491. 1 Consists of standard carnations, miniature carnations, standard chrysanthemums, and pompon chrysanthemums. 2 Consists of standard carnations, standard chrysanthemums, and pompon chrysanthemums. 3 Consists of standard carnations, standard chrysanthemums, and pompon chrysanthemums.

The Commission is conducting (3) The Domestic Like Product is the (4) The Domestic Industry is the U.S. reviews to determine whether domestically produced product or producers as a whole of the Domestic revocation of the orders would be likely products which are like, or in the Like Product, or those producers whose to lead to continuation or recurrence of absence of like, most similar in collective output of the Domestic Like material injury to the domestic industry characteristics and uses with, the Product constitutes a major proportion within a reasonably foreseeable time. Subject Merchandise. In its original of the total domestic production of the Definitions.—The following determinations, consistent with the product. In its original determinations, definitions apply to these reviews: remand from the Court of International consistent with the remand from the Trade, the Commission defined separate Court of International Trade, the (1) Subject Merchandise is the class or like products based on the types of Commission defined four separate kind of merchandise that is within the subject flowers. The Commission made Domestic Industries, each devoted to the scope of the five-year reviews, as affirmative determinations with respect production of one of the four Domestic defined by the Department of to each of four like products: standard Like Products, as defined above. The Commerce. carnations, miniature carnations, Domestic Like Products and the (2) The Subject Countries in these standard chrysanthemums, and pompon corresponding Domestic Industries and reviews are Chile, Colombia, Ecuador, chrysanthemums. Certain subject countries for which affirmative Kenya, Mexico, the Netherlands, and Commissioners defined the Domestic determinations were made are listed Peru. Like Product differently. below:

Domestic like product Domestic industry Subject country

Standard carnations ...... Standard carnations ...... Chile, Colombia, Ecuador, Kenya, and Mexico. Miniature carnations ...... Miniature carnations ...... Colombia. Standard chrysanthemums ...... Standard chrysanthemums ...... Colombia, Ecuador, Mexico, and the Netherlands. Pompon chrysanthemums ...... Pompon chrysanthemums ...... Colombia, Ecuador, Mexico, and Peru.

Certain Commissioners defined the (5) The Order Dates are the dates that effective. In these reviews, the Order Domestic Industry differently. the antidumping and countervailing Dates are as follows: duty orders under review became

Order date Product/country Investigation No.

3/12/87 ...... Standard chrysanthemums/Netherlands ...... 701±TA±278. 3/18/87 ...... Fresh cut flowers/Colombia ...... 731±TA±329. 3/18/87 ...... Fresh cut flowers/Ecuador ...... 731±TA±331. 3/19/87 ...... Standard carnations/Chile ...... 701±TA±276. 3/20/87 ...... Standard carnations/Chile ...... 731±TA±328. 4/23/87 ...... Standard carnations/Kenya ...... 731±TA±332. 4/23/87 ...... Fresh cut flowers/Mexico ...... 731±TA±333. 4/23/87 ...... Pompon chrysanthemums/Peru ...... 303±TA±18.

(6) An Importer is any person or firm sold at the retail level, representative or their representatives, who are parties engaged, either directly or through a consumer organizations, wishing to to the reviews. parent company or subsidiary, in participate in the reviews as parties Limited disclosure of business importing the Subject Merchandise into must file an entry of appearance with proprietary information (BPI) under an the United States from a foreign the Secretary to the Commission, as administrative protective order (APO) manufacturer or through its selling provided in section 201.11(b)(4) of the and APO service list.—Pursuant to agent. Commission’s rules, no later than 21 section 207.7(a) of the Commission’s Participation in the reviews and days after publication of this notice in rules, the Secretary will make BPI public service list.—Persons, including the Federal Register. The Secretary will submitted in these reviews available to industrial users of the Subject maintain a public service list containing authorized applicants under the APO Merchandise and, if the merchandise is the names and addresses of all persons, issued in the reviews, provided that the 4900 Federal Register / Vol. 64, No. 20 / Monday, February 1, 1999 / Notices application is made no later than 21 information requested by this notice in factors specified in section 752(a) of the days after publication of this notice in the requested form and manner shall Act (19 U.S.C. 1675a(a)) including the the Federal Register. Authorized notify the Commission at the earliest likely volume of subject imports, likely applicants must represent interested possible time, provide a full explanation price effects of subject imports, and parties, as defined in 19 U.S.C. 1677(9), of why it cannot provide the requested likely impact of imports of Subject who are parties to the reviews. A information, and indicate alternative Merchandise on the Domestic Industry. separate service list will be maintained forms in which it can provide (5) A list of all known and currently by the Secretary for those parties equivalent information. If an interested operating U.S. producers of each authorized to receive BPI under the party does not provide this notification Domestic Like Product for which you APO. (or the Commission finds the are filing a response. Identify any Certification.—Pursuant to section explanation provided in the notification known related parties and the nature of 207.3 of the Commission’s rules, any inadequate) and fails to provide a the relationship as defined in section person submitting information to the complete response to this notice, the 771(4)(B) of the Act (19 U.S.C. Commission in connection with these Commission may take an adverse 1677(4)(B)). reviews must certify that the inference against the party pursuant to (6) A list of all known and currently information is accurate and complete to section 776(b) of the Act in making its operating U.S. importers of the Subject the best of the submitter’s knowledge. In determinations in the reviews. Merchandise and producers of the making the certification, the submitter Information to be Provided in Subject Merchandise in the Subject will be deemed to consent, unless Response to This Notice of Institution: Countries that currently export or have otherwise specified, for the Please provide the requested exported Subject Merchandise to the Commission, its employees, and information separately for each United States or other countries since contract personnel to use the Domestic Like Product, as defined by 1986. information provided in any other the Commission in its original (7) If you are a U.S. producer of a reviews or investigations of the same or determinations, and for each of the Domestic Like Product, provide the comparable products which the products identified by Commerce as following information separately on Commission conducts under Title VII of Subject Merchandise. If you are a your firm’s operations on each product the Act, or in internal audits and domestic producer, union/worker during calendar year 1998 (report investigations relating to the programs group, or trade/business association; quantity data in thousands of stems for and operations of the Commission import/export Subject Merchandise standard carnations and standard pursuant to 5 U.S.C. Appendix 3. from more than one Subject Country; or chrysanthemums and thousands of Written submissions.—Pursuant to produce Subject Merchandise in more bunches for miniature carnations and section 207.61 of the Commission’s than one Subject Country, you may file pompon chrysanthemums; report value rules, each interested party response to a single response. If you do so, please data in thousands of U.S. dollars, f.o.b. this notice must provide the information ensure that your response to each plant). If you are a union/worker group specified below. The deadline for filing question includes the information or trade/business association, provide such responses is March 23, 1999. requested for each pertinent Subject the information, on an aggregate basis, Pursuant to section 207.62(b) of the Country. As used below, the term for the firms in which your workers are Commission’s rules, eligible parties (as ‘‘firm’’ includes any related firms. employed/which are members of your specified in Commission rule (1) The name and address of your firm association. 207.62(b)(1)) may also file comments or entity (including World Wide Web (a) Production (quantity) and, if concerning the adequacy of responses to address if available) and name, known, an estimate of the percentage of the notice of institution and whether the telephone number, fax number, and E- total U.S. production of the Domestic Commission should conduct expedited mail address of the certifying official. Like Product accounted for by your or full reviews. The deadline for filing (2) A statement indicating whether firm’s(s’) production; and such comments is April 16, 1999. All your firm/entity is a U.S. producer of (b) The quantity and value of U.S. written submissions must conform with the Domestic Like Product to which commercial shipments of the Domestic the provisions of sections 201.8 and your response pertains, a U.S. union or Like Product produced in your U.S. 207.3 of the Commission’s rules and any worker group, a U.S. importer of the plant(s). submissions that contain BPI must also Subject Merchandise, a foreign producer (8) If you are a U.S. importer or a conform with the requirements of or exporter of the Subject Merchandise, trade/business association of U.S. sections 201.6 and 207.7 of the a U.S. or foreign trade or business importers of the Subject Merchandise Commission’s rules. The Commission’s association, or another interested party from the Subject Countries, provide the rules do not authorize filing of (including an explanation). If you are a following information on your firm’s(s’) submissions with the Secretary by union/worker group or trade/business operations on that product during facsimile or electronic means. Also, in association, identify the firms in which calendar year 1998 (report quantity data accordance with sections 201.16(c) and your workers are employed or which are in thousands of stems for standard 207.3 of the Commission’s rules, each members of your association. carnations and standard document filed by a party to the reviews (3) A statement indicating whether chrysanthemums and thousands of must be served on all other parties to your firm/entity is willing to participate bunches for miniature carnations and the reviews (as identified by either the in these reviews by providing pompon chrysanthemums; report value public or APO service list as information requested by the data in thousands of U.S. dollars). If you appropriate), and a certificate of service Commission. are a trade/business association, provide must accompany the document (if you (4) A statement of the likely effects of the information, on an aggregate basis, are not a party to the reviews you do not the revocation of the antidumping and for the firms which are members of your need to serve your response). countervailing duty orders on each association. Inability to provide requested Domestic Industry for which you are (a) The quantity and value (landed, information.—Pursuant to section filing a response in general and/or your duty-paid but not including 207.61(c) of the Commission’s rules, any firm/entity specifically. In your antidumping or countervailing duties) interested party that cannot furnish the response, please discuss the various of U.S. imports and, if known, an Federal Register / Vol. 64, No. 20 / Monday, February 1, 1999 / Notices 4901 estimate of the percentage of total U.S. Domestic Like Product produced in the E (19 CFR part 201), and part 207, imports of Subject Merchandise from United States, Subject Merchandise subparts A, D, E, and F (19 CFR part the Subject Countries accounted for by produced in the Subject Countries, and 207). Recent amendments to the Rules your firm’s(s’) imports; and such merchandise from other countries. of Practice and Procedure pertinent to (b) The quantity and value (f.o.b. U.S. (11) (OPTIONAL) A statement of five-year reviews, including the text of port, including antidumping and/or whether you agree with the above subpart F of part 207, are published at countervailing duties) of U.S. definitions of the Domestic Like Product 63 FR 30599, June 5, 1998, and may be commercial shipments of Subject and Domestic Industry; if you disagree downloaded from the Commission’s Merchandise imported from the Subject with either or both of these definitions, World Wide Web site at http:// Countries. please explain why and provide www.usitc.gov/rules.htm. (9) If you are a producer, an exporter, alternative definitions. EFFECTIVE DATE: January 7, 1999. or a trade/business association of Authority: These reviews are being producers or exporters of the Subject FOR FURTHER INFORMATION CONTACT: Vera conducted under authority of title VII of the Libeau (202–205–3176), Office of Merchandise in the Subject Countries, Tariff Act of 1930; this notice is published provide the following information on pursuant to section 207.61 of the Investigations, U.S. International Trade your firm’s(s’) operations on that Commission’s rules. Commission, 500 E Street SW, product during calendar year 1998 Issued: January 27, 1999. Washington, DC 20436. Hearing- impaired persons can obtain (report quantity data in thousands of By order of the Commission. information on this matter by contacting stems for standard carnations and Donna R. Koehnke, the Commission’s TDD terminal on 202– standard chrysanthemums and Secretary. thousands of bunches for miniature 205–1810. Persons with mobility [FR Doc. 99–2352 Filed 1–29–99; 8:45 am] carnations and pompon impairments who will need special chrysanthemums; report value data in BILLING CODE 7020±02±P assistance in gaining access to the thousands of U.S. dollars, landed and Commission should contact the Office of the Secretary at 202–205–2000. duty-paid at the U.S. port but not INTERNATIONAL TRADE General information concerning the including antidumping or COMMISSION countervailing duties). If you are a Commission may also be obtained by trade/business association, provide the [Investigation Nos. 104±TAA±7 (Review), accessing its internet server (http:// information, on an aggregate basis, for AA1921±198±200 (Review), and 731±TA±3 www.usitc.gov). (Review)] the firms which are members of your SUPPLEMENTARY INFORMATION: On association. Sugar From the European Union; January 7, 1999, the Commission (a) Production (quantity) and, if Sugar From Belgium, France, and determined that it should proceed to known, an estimate of the percentage of Germany; and Sugar and Syrups From full reviews in the subject five-year total production of Subject Merchandise Canada (Investigation No. 731±TA±3 reviews pursuant to section 751(c)(5) of in the Subject Countries accounted for (Review)) the Act. The Commission, in by your firm’s(s’) production; and consultation with the Department of (b) The quantity and value of your AGENCY: United States International Commerce, grouped these reviews firm’s(s’) exports to the United States of Trade Commission. because they involve similar domestic Subject Merchandise and, if known, an ACTION: Notice of Commission like products. See 19 U.S.C. estimate of the percentage of total determination to conduct full five-year 1675(c)(5)(D); 63 FR 29372, 29374 (May exports to the United States of Subject reviews concerning the countervailing 29, 1998). Merchandise from the Subject Countries duty order on sugar from the European With regard to sugar and syrups from accounted for by your firm’s(s’) exports. Union, the antidumping duty orders on Canada, Inv. No. 731–TA–3 (Review), (10) Identify significant changes, if sugar from Belgium, France, and the Commission determined that both any, in the supply and demand Germany, and the antidumping duty domestic and respondent group conditions or business cycle for each order on sugar and syrups from Canada. responses to its notice of institution 1 Domestic Like Product that have were adequate and voted to conduct a occurred in the United States or in the SUMMARY: The Commission hereby gives full review. market for the Subject Merchandise in notice that it will proceed with full With regard to sugar from the the Subject Countries since the Order reviews pursuant to section 751(c)(5) of European Union, Inv. No. 104–TAA–7 Dates, and significant changes, if any, the Tariff Act of 1930 (19 U.S.C. (Review), the Commission determined that are likely to occur within a 1675(c)(5)) (the Act) to determine that the domestic interested party group reasonably foreseeable time. Supply whether revocation of the response was adequate,2 and that the conditions to consider include countervailing duty order on sugar from respondent interested party group technology; production methods; the European Union, the antidumping response was inadequate. The development efforts; ability to increase duty orders on sugar from Belgium, Commission further determined that production (including the shift of France, and Germany, and the other circumstances warranted a full production facilities used for other antidumping duty order on sugar and review.3 products and the use, cost, or syrups from Canada would be likely to With regard to sugar from Belgium, availability of major inputs into lead to continuation or recurrence of France, and Germany, Invs. Nos. production); and factors related to the material injury within a reasonably AA1921–198–200 (Review), the ability to shift supply among different foreseeable time. A schedule for the Commission determined that the national markets (including barriers to reviews will be established and domestic interested party group importation in foreign markets or announced at a later date. changes in market demand abroad). For further information concerning 1 The notice of institution for all of the subject Demand conditions to consider include the conduct of these reviews and rules reviews was published in the Federal Register on end uses and applications; the existence of general application, consult the Oct. 1, 1998 (63 FR 52759). and availability of substitute products; Commission’s Rules of Practice and 2 Commissioner Askey dissenting. and the level of competition among the Procedure, part 201, subparts A through 3 Commissioner Crawford dissenting. 4902 Federal Register / Vol. 64, No. 20 / Monday, February 1, 1999 / Notices response was inadequate,4 and that the 514–3337. Interested persons whose Director for Operations, U.S. Nuclear respondent interested party group registrations have been accepted may be Regulatory Commission, Washington, response was inadequate. The permitted to participate in the DC 20555. Commission further determined that discussions at the discretion of the Further, in accordance with 10 CFR other circumstances warranted full meeting chairman and with the 50.82(b)(5), notice is also provided of reviews.5 approval of the DFE. the Commission’s intent to approve the A record of the Commissioners’ votes If you need special accommodations plan by amendment, subject to such and statements are available from the due to a disability, please contact conditions and limitations as it deems Office of the Secretary and at the Komita Primalani at (202) 637–4927 at appropriate and necessary, if the plan Commission’s web site. least seven (7) days prior to the meeting. demonstrates that decommissioning will Authority: These reviews are being Further information with reference to be performed in accordance with the conducted under authority of title VII of the this meeting can be obtained from Kathy regulations in this chapter and will not Tariff Act of 1930; this notice is published Albert, the DFE, 901 E Street, NW, Suite be inimical to the common defense and pursuant to section 207.62 of the 510, Washington, DC 20530, or call security or to the health and safety of Commission’s rules. (202) 514–3337. the public. Issued: January 26, 1999. Dated: January 27, 1999. A copy of the application is available By order of the Commission. Kathy Albert, for public inspection at the Donna R. Koehnke, Commission’s Public Document Room, Global Network Coordinator, Secretary. Telecommunications Services Staff, the Gelman Building, at 2120 L Street [FR Doc. 99–2229 Filed 1–29–99; 8:45 am] Information Resources Management, Justice NW, Washington, D.C. 20037. BILLING CODE 7020±02±P Management Division, Department of Justice. Dated at Rockville, Maryland, this 25th day [FR Doc. 99–2333 Filed 1–29–99; 8:45 am] of January 1999. BILLING CODE 4410±AR±M For the Nuclear Regulatory Commission. DEPARTMENT OF JUSTICE Seymour H. Weiss, Director, Non-Power Reactors and Justice Management Division; NUCLEAR REGULATORY Decommissioning Project Directorate, Information Resources Management/ COMMISSION Division of Reactor Program Management, Telecommunications Services Staff Office of Nuclear Reactor Regulation. [Docket No. 50±160] Meeting of the Global Criminal Justice [FR Doc. 99–2305 Filed 1–29–99; 8:45 am] Information Network Ad Hoc Bylaws BILLING CODE 7590±01±P Committee Notice and Solicitation of Comments Pursuant to 10 CFR 20.1405 and 10 AGENCY: Justice Management Division, CFR 50.82(b)(5) Concerning Proposed Information Resources Management, Action to Decommission Georgia NUCLEAR REGULATORY Telecommunications Services, Justice. Institute of Technology Georgia Tech COMMISSION ACTION: Notice of meeting of the Global Research Reactor [Docket No. 50±331] Criminal Justice Information Network Notice is hereby given that the U.S. Ad Hoc Bylaws Committee. IES Utilities Inc.; Central Iowa Power Nuclear Regulatory Commission (the Cooperative, Corn Belt Power SUPPLEMENTARY INFORMATION: Pursuant Commission) has received an Cooperative; Notice of Consideration to section 10(a)(2) of the Federal application from the Georgia Institute of of Issuance of Amendment to Facility Advisory Committee Act (Public Law Technology dated July 1, 1998, for a Operating License, Proposed No 92–463), as amended, notice is hereby license amendment approving its Significant Hazards Consideration given that a meeting of the Global proposed decommissioning plan for the Determination, and Opportunity for a Criminal Justice Information Network Georgia Tech Research Reactor (Facility Hearing Ad Hoc Bylaws Committee will be held License No. R–97) located in the Neely on February 10, 1999. The Group will Nuclear Research Center on the campus The U.S. Nuclear Regulatory meet from 8:30 a.m.–1 p.m. at the Grand of the Georgia Institute of Technology in Commission (the Commission) is Hyatt Washington Hotel, located at 1000 Atlanta, Georgia. considering issuance of an amendment H Street, NW., Washington, DC 20001. In accordance with 10 CFR 20.1405, to Facility Operating License No. DPR– The Bylaws Committee will meet to the Commission is providing notice and 49, issued to IES Utilities Inc., Central determine the internal structure of the soliciting comments from local and Iowa Power Cooperative, and Corn Belt Global Advisory Committee in order to State governments in the vicinity of the Power Cooperative (the licensees), for facilitate the accomplishment of its site and any Indian Nation or other operation of the Duane Arnold Energy activities as identified under the indigenous people that have treaty or Center (DAEC) located in Linn County, National Performance Review’s ‘‘Access statutory rights that could be affected by Iowa. America’’ Initiative A07. This meeting the decommissioning. This notice and The proposed amendment would will be open to the public. Any solicitation of comments is published revise Technical Specification (TS) interested person must register two (2) pursuant to 10 CFR 20.1405, which Surveillance Requirement (SR) 3.8.1.7 to weeks in advance of the meeting. requires publication in the Federal better match plant conditions during Registrations will then be accepted on a Register and in a forum such as local testing by clarifying which voltage and space available basis. For information newspapers, letters to State or local frequency limits are applicable during on how to register, contact Kathy Albert, organizations, or other appropriate the transient and steady state portions of the Designated Federal Employee (DFE), forum that is readily accessible to the diesel generator start. 901 E Street, NW, Suite 510, individuals in the vicinity of the site. The licensee requested that this Washington, DC 20530, or call (202) Comments should be provided within proposed amendment be processed as 60 days of the date of this notice in an exigent request, pursuant to 10 CFR 4 Chairman Bragg dissenting. accordance with 10 CFR 20.1007, 50.91(a)(6). The exigency is created by 5 Commissioners Crawford and Askey dissenting. ‘‘Communications,’’ to the Executive the existing TS surveillance, SR 3.8.1.7, Federal Register / Vol. 64, No. 20 / Monday, February 1, 1999 / Notices 4903 containing inappropriate acceptance The safety function of the DG is to provide conditions (loaded in the actual time criteria that the diesel generator (DG) is AC power to required safety systems during sequence assumed in the accident analysis). not designed to meet and which is any Loss of Offsite Power (LOOP) event. The The DGs will continue to perform their overly conservative with respect to the limiting design basis accident is the Loss of intended safety function in accordance with Coolant Accident with concurrent LOOP the DAEC accident analysis and UFSAR DAEC Updated Final Safety Analysis (LOOP-LOCA). This proposed amendment requirements. Therefore, the proposed Report (UFSAR) requirements for the modifies a DG surveillance requirement and amendment will not involve a significant DGs. This acceptance criteria was does not impact the off-site AC distribution reduction in a margin of safety. incorporated into the TS just prior to the system; therefore the probability of any Based upon the above, the licensee approval of DAEC’s conversion to LOOP event, including the LOOP-LOCA is determined that the proposed amendment Improved Standard TS (NUREG 1433). not significantly increased. will not involve a significant hazards The licensee did not intend that the This proposed change revises the SR to consideration. basic requirements of this testing be better match the plant conditions during the The NRC staff has reviewed the test. SR 3.8.1.7 is performed with the DG licensee’s analysis and, based on this different from those contained in the unloaded. As a result, the DG initially over- former custom TS (CTS 4.8.A.2.a.2). shoots its target nominal voltage and review, it appears that the three However, a significant change was frequency during testing. In an actual event, standards of 10 CFR 50.92(c) are introduced due to the adoption of the the DG would be almost immediately loaded satisfied. Therefore, the NRC staff wording of NUREG–1433. Because this once minimum voltage and frequency proposes to determine that the change was not recognized at that time, requirements are met, thereby limiting the amendment request involves no the plant procedure for the new SR did over-shoot. significant hazards consideration. not correctly implement the TS. It was To ensure the DGs are able to fulfill their The Commission is seeking public safety function, the proposed SR requires DG comments on this proposed only recently, during the review of the voltage and frequency to achieve the BASES for this SR for another issue, that determination. Any comments received specified minimum acceptable values within within 14 days after the date of this error was recognized. 10 seconds and settle to a steady state voltage Based on the circumstances described and frequency within the specified minimum publication of this notice will be above, the NRC verbally issued a Notice and maximum values. That is, the upper considered in making any final of Enforcement Discretion (NOED) on limits are only applicable for steady state determination. Normally, the Commission will not January 20, 1999. The NOED was operation and do not apply during the issue the amendment until the documented by letter dated January 22, transient portion of the DG start. The revision changes the SR 3.8.1.7 criteria to clarify expiration of the 14-day notice period. 1999. The NOED expressed the NRC’s which voltage and frequency limits are However, should circumstances change intention to exercise discretion not to applicable during the transient and steady during the notice period, such that enforce compliance with SR 3.8.1.7 state portions of the DG start. failure to act in a timely way would until the exigent TS amendment request This change does not affect the DG’s ability result, for example, in derating or to revise SR 3.8.1.7, which the licensee to supply the minimum voltage and shutdown of the facility, the submitted on January 22, 1999, is frequency required within 10 seconds or the steady state voltage and frequency required Commission may issue the license processed. amendment before the expiration of the Before issuance of the proposed by the UFSAR. The DGs will continue to perform their intended safety function, in 14-day notice period, provided that its license amendment, the Commission accordance with the DAEC accident analysis. final determination is that the will have made findings required by the Thus, the consequences of any previously- amendment involves no significant Atomic Energy Act of 1954, as amended analyzed event are not significantly increased hazards consideration. The final (the Act) and the Commission’s by this change. determination will consider all public regulations. Therefore, the proposed amendment will and State comments received. Should Pursuant to 10 CFR 50.91(a)(6) for not involve a significant increase in the the Commission take this action, it will amendments to be granted under probability or consequences of an accident publish in the Federal Register a notice previously evaluated. exigent circumstances, the NRC staff 2. The proposed amendment will not of issuance. The Commission expects must determine that the amendment create the possibility of a new or different that the need to take this action will request involves no significant hazards kind of accident from any accident occur very infrequently. consideration. Under the Commission’s previously evaluated. Written comments may be submitted regulations in 10 CFR 50.92, this means The revision changes the SR 3.8.1.7 criteria by mail to the Chief, Rules and that operation of the facility in to clarify which voltage and frequency limits Directives Branch, Division of accordance with the proposed are applicable during the transient and Administrative Services, Office of amendment would not (1) involve a steady state portions of the DG start. No Administration, U.S. Nuclear Regulatory significant increase in the probability or changes are being made in how the system Commission, Washington, DC 20555– actually operates or is physically tested. 0001, and should cite the publication consequences of an accident previously Therefore, the proposed amendment will evaluated; or (2) create the possibility of not create the possibility of a new or different date and page number of this Federal a new or different kind of accident from kind of accident from any accident Register notice. Written comments may any accident previously evaluated; or previously evaluated. also be delivered to Room 6D59, Two (3) involve a significant reduction in a 3. The proposed amendment will not White Flint North, 11545 Rockville margin of safety. As required by 10 CFR involve a significant reduction in a margin of Pike, Rockville, Maryland, from 7:30 50.91(a), the licensee has provided its safety. a.m. to 4:15 p.m. Federal workdays. analysis of the issue of no significant The margin of safety is not significantly Copies of written comments received hazards consideration, which is reduced. The DGs will perform their may be examined at the NRC Public intended safety function, in accordance with Document Room, the Gelman Building, presented below: the DAEC accident analysis. The revised test After reviewing this proposed amendment, criteria are a better match for the tested 2120 L Street, NW., Washington, DC. the licensee concluded: condition (unloaded). The performance of The filing of requests for hearing and 1. The proposed amendment will not other TS Surveillances (in particular, SRs petitions for leave to intervene is involve a significant increase in the 3.8.1.9, 3.8.1.12 and 3.8.1.13) demonstrate discussed below. probability or consequences of an accident DG Operability in conditions which are more By March 3, 1999, the licensee may previously evaluated. representative of postulated accident file a request for a hearing with respect 4904 Federal Register / Vol. 64, No. 20 / Monday, February 1, 1999 / Notices to issuance of the amendment to the must consist of a specific statement of U.S. Nuclear Regulatory Commission, subject facility operating license and the issue of law or fact to be raised or Washington, DC 20555–0001, and to Al any person whose interest may be controverted. In addition, the petitioner Gutterman; Morgan, Lewis & Bockius, affected by this proceeding and who shall provide a brief explanation of the 1800 M Street NW, Washington, D.C. wishes to participate as a party in the bases of the contention and a concise 20036–5869, attorney for the licensee. proceeding must file a written request statement of the alleged facts or expert Nontimely filings of petitions for for a hearing and a petition for leave to opinion which support the contention leave to intervene, amended petitions, intervene. Requests for a hearing and a and on which the petitioner intends to supplemental petitions and/or requests petition for leave to intervene shall be rely in proving the contention at the for hearing will not be entertained filed in accordance with the hearing. The petitioner must also absent a determination by the Commission’s ‘‘Rules of Practice for provide references to those specific Commission, the presiding officer or the Domestic Licensing Proceedings’’ in 10 sources and documents of which the presiding Atomic Safety and Licensing CFR part 2. Interested persons should petitioner is aware and on which the Board that the petition and/or request consult a current copy of 10 CFR 2.714 petitioner intends to rely to establish should be granted based upon a which is available at the Commission’s those facts or expert opinion. Petitioner balancing of the factors specified in 10 Public Document Room, the Gelman must provide sufficient information to CFR 2.714(a)(1)(i)-(v) and 2.714(d). Building, 2120 L Street, NW., show that a genuine dispute exists with For further details with respect to this Washington, DC, and at the local public the applicant on a material issue of law action, see the application for document room located at the Cedar or fact. Contentions shall be limited to amendment dated January 22, 1999, Rapids Public Library, 500 First Street matters within the scope of the which is available for public inspection SE, Cedar Rapids, Iowa 52401. If a amendment under consideration. The at the Commission’s Public Document request for a hearing or petition for contention must be one which, if Room, the Gelman Building, 2120 L leave to intervene is filed by the above proven, would entitle the petitioner to Street, NW., Washington, DC, and at the date, the Commission or an Atomic relief. A petitioner who fails to file such local public document room, located at Safety and Licensing Board, designated a supplement which satisfies these the Cedar Rapids Public Library, 500 by the Commission or by the Chairman requirements with respect to at least one First Street SE, Cedar Rapids, Iowa of the Atomic Safety and Licensing contention will not be permitted to 52401. Board Panel, will rule on the request participate as a party. and/or petition; and the Secretary or the Those permitted to intervene become Dated at Rockville, Maryland, this 26th day of January 1999. designated Atomic Safety and Licensing parties to the proceeding, subject to any Board will issue a notice of hearing or limitations in the order granting leave to For the Nuclear Regulatory Commission. an appropriate order. intervene, and have the opportunity to Richard J. Laufer, As required by 10 CFR 2.714, a participate fully in the conduct of the Project Manager, Project Directorate III–1, petition for leave to intervene shall set hearing, including the opportunity to Division of Reactor Projects III/IV, Office of forth with particularity the interest of present evidence and cross-examine Nuclear Reactor Regulation. the petitioner in the proceeding, and witnesses. [FR Doc. 99–2304 Filed 1–29–99; 8:45 am] how that interest may be affected by the If the amendment is issued before the BILLING CODE 7590±01±P results of the proceeding. The petition expiration of the 30-day hearing period, should specifically explain the reasons the Commission will make a final why intervention should be permitted determination on the issue of no NUCLEAR REGULATORY with particular reference to the significant hazards consideration. If a COMMISSION following factors: (1) The nature of the hearing is requested, the final [Docket No. 50±388] petitioner’s right under the Act to be determination will serve to decide when made a party to the proceeding; (2) the the hearing is held. PP&L, Inc.; Notice of Consideration of nature and extent of the petitioner’s If the final determination is that the Issuance of Amendment to Facility property, financial, or other interest in amendment request involves no Operating License, Proposed No the proceeding; and (3) the possible significant hazards consideration, the Significant Hazards Consideration effect of any order which may be Commission may issue the amendment Determination, and Opportunity for a entered in the proceeding on the and make it immediately effective, Hearing petitioner’s interest. The petition should notwithstanding the request for a also identify the specific aspect(s) of the hearing. Any hearing held would take The U.S. Nuclear Regulatory subject matter of the proceeding as to place after issuance of the amendment. Commission (the Commission) is which petitioner wishes to intervene. If the final determination is that the considering issuance of an amendment Any person who has filed a petition for amendment request involves a to Facility Operating License No. 22 leave to intervene or who has been significant hazards consideration, any issued to PP&L, Inc. (the licensee) for admitted as a party may amend the hearing held would take place before operation of the Susquehanna Steam petition without requesting leave of the the issuance of any amendment. Electric Station (SSES), Unit 2, located Board up to 15 days prior to the first A request for a hearing or a petition in Luzerne County, Pennsylvania. prehearing conference scheduled in the for leave to intervene must be filed with This notice supersedes the previous proceeding, but such an amended the Secretary of the Commission, U.S. notice published on Spetember 9, 1998, petition must satisfy the specificity Nuclear Regulatory Commission, (63 FR 48263) in its entirety. The requirements described above. Washington, DC 20555-0001, Attention: proposed amendment would change the Not later than 15 days prior to the first Rulemakings and Adjudications Staff, or allowable values for both the core spray prehearing conference scheduled in the may be delivered to the Commission’s system and low pressure coolant proceeding, a petitioner shall file a Public Document Room, the Gelman injection system reactor steam dome supplement to the petition to intervene Building, 2120 L Street, NW., pressure low functions. which must include a list of the Washington, DC, by the above date. A Before issuance of the proposed contentions which are sought to be copy of the petition should also be sent license amendment, the Commission litigated in the matter. Each contention to the Office of the General Counsel, will have made findings required by the Federal Register / Vol. 64, No. 20 / Monday, February 1, 1999 / Notices 4905

Atomic Energy Act of 1954, as amended 2. The proposed change does not create the and State comments received. Should (the Act) and the Commission’s possibility of a new or different kind of the Commission take this action, it will regulations. accident from any accident previously publish in the Federal Register a notice The Commission has made a evaluated. of issuance and provide for opportunity This proposal does not create the proposed determination that the probability of a new or different type of for a hearing after issuance. The amendment request involves no accident from any accident previously Commission expects that the need to significant hazards consideration. Under evaluated. The new allowable values do not take this action will occur very the Commission’s regulations in 10 CFR change any plant systems, structures, or infrequently. 50.92, this means that operation of the components, nor do they change any existing Written comments may be submitted facility in accordance with the proposed or create any new Core Spray and LPCI logic by mail to the Chief, Rules and amendment would not (1) involve a or functions. The new allowable values were Directives Branch, Division of selected to ensure the required operation of Administrative Services, Office of significant increase in the probability or the Core Spray and LPCI systems within the consequences of an accident previously design pressures described above. Administration, U.S. Nuclear Regulatory evaluated; or (2) create the possibility of Therefore, the proposed change does not Commission, Washington, DC 20555– a new or different kind of accident from create the possibility of a new or different 0001, and should cite the publication any accident previously evaluated; or kind of accident from any accident date and page number of this Federal (3) involve a significant reduction in a previously evaluated. Register notice. Written comments may margin of safety. As required by 10 CFR 3. The proposed change does not involve also be delivered to Room 6D59, Two 50.91(a), the licensee has provided its a significant reduction in the margin of White Flint North, 11545 Rockville safety. Pike, Rockville, Maryland, from 7:30 analysis of the issue of no significant The change does not involve a reduction in hazards consideration, which is the margin of safety. Technical Specification a.m. to 4:15 p.m. Federal workdays. presented below: Bases Section B3.3.5.1 9 (ECCS Copies of written comments received may be examined at the NRC Public 1. The proposed change does not involve Instrumentation) identifies that the low a significant increase in the probability or reactor steam dome pressure signals are used Document Room, the Gelman Building, consequences of an accident previously as permissives for operation of the low 2120 L Street, NW., Washington, DC. evaluated. pressure ECCS subsystems. The new The filing of requests for hearing and This proposal does not involve an increase allowable values were selected so to not petitions for leave to intervene is in the probability or consequences of an impact the logic, redundancy, operability or discussed below. accident previously evaluated. The proposed surveillance requirements for these By March 3, 1999, the licensee may amendment changes the ‘‘Reactor Steam subsystems. The new allowable values file a request for a hearing with respect Dome Pressure-Low’’ Allowable Values so to maintain the margin requirements that the to issuance of the amendment to the Core Spray and LPCI system pressures such provide further assurance that the Core Spray subject facility operating license and and RHR systems will perform their LOCA that they do not exceed their system design basis function. maximum design pressures and that system any person whose interest may be The functional design basis of the Core pressures are high enough to ensure that the affected by this proceeding and who Spray and LPCI is to inject water into the ECCS injection prevents the fuel peak wishes to participate as a party in the reactor vessel to cool the core during a LOCA cladding temperature from exceeding the proceeding must file a written request by opening the Core Spray and LPCI injection limits of 10CFR50.46. for a hearing and a petition for leave to valves when reactor pressure drops below the The margin of safety is unaffected by the intervene. Requests for a hearing and a reactor vessel low pressure permissive. The proposed changes. petition for leave to intervene shall be upper analytical limit for the permissive is The NRC staff has reviewed the filed in accordance with the the Core Spray and LPCI systems’ maximum licensee’s analysis and, based on this design pressure, and the lower analytical Commission’s ‘‘Rules of Practice for limit is the lowest pressure which allows review, it appears that the three Domestic Licensing Proceedings’’ in 10 injection to prevent exceeding the fuel standards of 10 CFR 50.92(c) are CFR Part 2. Interested persons should cladding temperature limit. The new satisfied. Therefore, the NRC staff consult a current copy of 10 CFR 2.714 allowable values were selected to lie within proposes to determine that the which is available at the Commission’s the upper and lower limits to ensure there amendment request involves no Public Document Room, the Gelman will be no change in the required logic or significant hazards consideration. Building, 2120 L Street, NW., functions of the Core Spray and LPCI The Commission is seeking public Washington, DC, and at the local public systems. These new values do not affect the comments on this proposed LOCA or its ‘‘limiting fault’’ frequency of document room located at the Osterhout occurrence and do not introduce any new determination. Any comments received Free Library, Reference Department, 71 accidents or malfunctions of equipment within 30 days after the date of South Franklin Street, Wilkes-Barre, PA important to safety. Since they do not affect publication of this notice will be 18701. If a request for a hearing or the LOCA, they do not change the probability considered in making any final petition for leave to intervene is filed by of occurrence of the LOCA. The new determination. the above date, the Commission or an allowable values do not change the logic or Normally, the Commission will not Atomic Safety and Licensing Board, function of the reactor vessel low pressure issue the amendment until the designated by the Commission or by the permissive. These new allowable values expiration of the 30-day notice period. simply provide the basis for which the Chairman of the Atomic Safety and associated pressure instruments are to be set However, should circumstances change Licensing Board Panel, will rule on the to ensure proper operation of Core Spray and during the notice period such that request and/or petition; and the LPCI within the design pressures as failure to act in a timely way would Secretary or the designated Atomic described above. Therefore, the change in result, for example, in derating or Safety and Licensing Board will issue a allowable values does not increase the shutdown of the facility, the notice of hearing or an appropriate probability of occurrence or the Commission may issue the license order. consequences of an accident or malfunction amendment before the expiration of the As required by 10 CFR 2.714, a of equipment important to safety. 30-day notice period, provided that its petition for leave to intervene shall set Based upon the analysis presented above, PP&L concludes that the proposed action final determination is that the forth with particularity the interest of does not involve an increase in the amendment involves no significant the petitioner in the proceeding, and probability or consequences of an accident hazards consideration. The final how that interest may be affected by the previously evaluated. determination will consider all public results of the proceeding. The petition 4906 Federal Register / Vol. 64, No. 20 / Monday, February 1, 1999 / Notices should specifically explain the reasons determination on the issue of no NUCLEAR REGULATORY why intervention should be permitted significant hazards consideration. The COMMISSION with particular reference to the final determination will serve to decide [Docket No. 50±440] following factors: (1) The nature of the when the hearing is held. petitioner’s right under the Act to be If the final determination is that the Firstenergy Nuclear Operating made party to the proceeding; (2) the amendment request involves no Company (Perry Nuclear Power Plant, nature and extent of the petitioner’s significant hazards consideration, the Unit No. 1); Environmental property, financial, or other interest in Commission may issue the amendment Assessment and Finding of No the proceeding; and (3) the possible and make it immediately effective, Significant Impact effect of any order which may be notwithstanding the request for a entered in the proceeding on the hearing. Any hearing held would take The U.S. Nuclear Regulatory petitioner’s interest. The petition should place after issuance of the amendment. Commission (the Commission) is also identify the specific aspect(s) of the considering issuance of an exemption subject matter of the proceeding as to If the final determination is that the from the requirements of 10 CFR Part which petitioner wishes to intervene. amendment request involves a 50, Appendix A, General Design Any person who has filed a petition for significant hazards consideration, any Criterion (GDC) 19 to FirstEnergy leave to intervene or who has been hearing held would take place before Nuclear Operating Company (the admitted as a party may amend the the issuance of any amendment. licensee), for the Perry Nuclear Power petition without requesting leave of the A request for a hearing or a petition Plant, Unit No. 1 (PNPP) located in Lake Board up to 15 days prior to the first for leave to intervene must be filed with County, Ohio. prehearing conference scheduled in the the Secretary of the Commission, U.S. Environmental Assessment proceeding, but such an amended Nuclear Regulatory Commission, petition must satisfy the specificity Washington, DC 20555–0001, Attention: Identification of the Proposed Action requirements described above. Rulemakings and Adjudications Staff, or Not later than 15 days prior to the first By application dated December 3, may be delivered to the Commission’s 1998, the licensee requested an prehearing conference scheduled in the Public Document Room, the Gelman proceeding, a petitioner shall file a exemption from the control room dose Building, 2120 L Street, NW., acceptance criterion of 10 CFR part 50, supplement to the petition to intervene Washington, DC, by the above date. A which must include a list of the Appendix A, General Design Criterion copy of the petition should also be sent (GDC) 19, ‘‘Control Room.’’ The contentions which are sought to be to the Office of the General Counsel, litigated in the matter. Each contention proposed action would permit use of a U.S. Nuclear Regulatory Commission, 5 rem total effective dose equivalent must consist of a specific statement of Washington, DC 20555–0001, and to Jay the issue of law or fact to be raised or (TEDE) control room dose acceptance Silberg, Esquire, Shaw, Pittman, Potts criterion in lieu of ‘‘5 rem whole body, controverted. In addition, the petitioner and Trowbridge, 2300 N Street NW., shall provide a brief explanation of the or its equivalent to any part of the body’’ Washington, DC 20037, attorney for the as currently stated in GDC 19. bases of the contention and a concise licensee. statement of the alleged facts or expert The Need for the Proposed Action opinion which support the contention Nontimely filings of petitions for and on which the petitioner intends to leave to intervene, amended petitions, The NRC has established control room rely in proving the contention at the supplemental petitions and/or requests dose acceptance criteria in 10 CFR part hearing. The petitioner must also for hearing will not be entertained 50, Appendix A, GDC 19 for all light- provide references to those specific absent a determination by the water power reactors. GDC 19 requires, sources and documents of which the Commission, the presiding officer or the in part, that, ‘‘Adequate radiation petitioner is aware and on which the presiding Atomic Safety and Licensing protection shall be provided to permit petitioner intends to rely to establish Board that the petition and/or request access and occupancy of the control those facts or expert opinion. Petitioner should be granted based upon a room under accident conditions without must provide sufficient information to balancing of the factors specified in 10 personnel receiving radiation exposures show that a genuine dispute exists with CFR 2.714(a)(1)(i)–(v) and 2.714(d). in excess of 5 rem whole body, or its the applicant on a material issue of law For further details with respect to this equivalent to any part of the body, for or fact. Contentions shall be limited to action, see the application for the duration of the accident.’’ matters within the scope of the amendment dated November 23, 1998, As described in SECY–96–242, ‘‘Use amendment under consideration. The which is available for public inspection of the NUREG–1465 Source Term at contention must be one which, if at the Commission’s Public Document Operating Reactors,’’ the staff informed proven, would entitle the petitioner to Room, the Gelman Building, 2120 L the Commission of its approach to allow relief. A petitioner who fails to file such Street, NW., Washington, DC, and at the the use of the revised accident source a supplement which satisfies these local public document room located at term described in NUREG–1465, requirements with respect to at least one the Osterhout Free Library, Reference ‘‘Accident Source Terms for Light-Water contention will not be permitted to Department, 71 South Franklin Street, Nuclear Power Plants,’’ at operating participate as a party. Wilkes-Barre, PA 18701. plants. In the SECY paper, the staff Those permitted to intervene become described its plans to review plant parties to the proceeding, subject to any Dated at Rockville, Maryland, this 27th day applications implementing this source limitations in the order granting leave to of January, 1999. term and that the TEDE methodology intervene, and have the opportunity to For the Nuclear Regulatory Commission. would be incorporated in these reviews. participate fully in the conduct of the Victor Nerses, The Commission approved these plans hearing, including the opportunity to Senior Project Manager, Project Directorate and directed the staff to commence present evidence and cross-examine I–1, Division of Reactor Projects–I/II, Office rulemaking and requested the use of a witnesses. of Nuclear Reactor Regulation. TEDE dose methodology in the If a hearing is requested, the [FR Doc. 99–2306 Filed 1–29–99; 8:45 am] implementation of the revised accident Commission will make a final BILLING CODE 7590±01±P source term. The TEDE dose guidelines, Federal Register / Vol. 64, No. 20 / Monday, February 1, 1999 / Notices 4907 which are needed to support revised considered in the Final Environmental Westinghouse Electric Company’s accident source term applications, are Statement which was issued August WCOBRA/TRAC best-estimate large- not currently provided in regulations 1982. break LOCA code to Westinghouse governing operating reactors. plants with Upper Plenum Injection Agencies and Persons Consulted By letter dated December 3, 1998, the (UPI). The purpose of this meeting is to licensee submitted an exemption In accordance with its stated policy, gather information, analyze relevant request to the control room dose the Ohio State official was contacted issues and facts, and to formulate acceptance criteria of 10 CFR part 50, regarding the environmental impact of proposed positions and actions, as Appendix A, General Design Criterion the proposed action. The State official appropriate, for deliberation by the full (GDC) 19. The exemption request would had no comments. Committee. permit use of a 5 rem total effective dose Finding of No Significant Impact Oral statements may be presented by equivalent (TEDE) dose acceptance members of the public with the criterion in place of the ‘‘5 rem whole Based upon the environmental concurrence of the Subcommittee body, or its equivalent to any part of the assessment, the staff concludes that the Chairman; written statements will be body’’ dose acceptance criterion that is proposed action will not have a accepted and made available to the currently specified in GDC 19. significant effect on the quality of the Committee. Electronic recordings will human environment. Accordingly, the be permitted only during those portions Environmental Impacts of the Proposed staff has determined not to prepare an of the meeting that are open to the Action environmental impact statement for the public, and questions may be asked only The staff has completed its evaluation proposed action. by members of the Subcommittee, its of the proposed action and concludes For further details with respect to the consultants, and staff. Persons desiring that it is acceptable because the staff has proposed action, see the licensee’s letter to make oral statements should notify concluded that the TEDE methodology dated December 3, 1998, which is the cognizant ACRS staff engineer provides an alternate means of meeting available for public inspection at the named below five days prior to the the current regulatory requirement. The Commission’s Public Document room, meeting, if possible, so that appropriate proposed action will not increase the The Gelman Building, 2120 L Street, arrangements can be made. probability or consequences of NW, Washington, DC, and at the local During the initial portion of the accidents, no significant changes are public document room located at the meeting, the Subcommittee, along with being made in the types of any effluents Perry Public Library, 3753 Main Street, any of its consultants who may be that may be released offsite, and there Perry, OH 44081. present, may exchange preliminary is no significant increase in the Dated at Rockville, Maryland, this 26th day views regarding matters to be allowable occupational or public of January 1999. considered during the balance of the radiation exposure. The staff has For the Nuclear Regulatory Commission. meeting. concluded that there is no significant Douglas V. Pickett, The Subcommittee will then hear radiological environmental impact Senior Project Manager, Project Directorate presentations by and hold discussions associated with the proposed action. III–2, Division of Reactor Projects III/IV, Office with representatives of the The proposed action does not affect of Nuclear Reactor Regulation. Westinghouse Electric Company, the nonradiological plant effluents and has [FR Doc. 99–2307 Filed 1–29–99; 8:45 am] NRC staff, and other interested persons no other environmental impact. BILLING CODE 7590±01±P regarding this review. Accordingly, the Commission concludes Further information regarding topics that there are no significant to be discussed, whether the meeting environmental impacts associated with NUCLEAR REGULATORY has been canceled or rescheduled, the the proposed action. COMMISSION scheduling of sessions which are open Alternatives to the Proposed Action to the public, and the Chairman’s ruling Advisory Committee on Reactor on requests for the opportunity to Since the staff has concluded that Safeguards Subcommittee Meeting on present oral statements and the time there is no significant environmental Thermal-Hydraulic Phenomena allotted therefor, can be obtained by impact associated with the proposed The ACRS Subcommittee on Thermal- contacting the cognizant ACRS staff action, any alternatives with equal or Hydraulic Phenomena will hold a engineer, Mr. Paul A. Boehnert greater environmental impact need not meeting on February 23, 1999, Room T– (telephone 301/415–8065) between 7:30 be evaluated. As an alternative to the 2B1, 11545 Rockville Pike, Rockville, a.m. and 4:15 p.m. (EST). Persons proposed action, the staff considered Maryland. planning to attend this meeting are denial of the action (no-action Portions of this meeting will be closed urged to contact the above named alternative). Denial of the application to public attendance to discuss individual one or two working days would result in no change in current Westinghouse proprietary information prior to the meeting to be advised of any environmental impacts. The pursuant to 5 U.S.C. 552b(c)(4). potential changes to the agenda, etc., environmental impacts of the proposed The agenda for the subject meeting that may have occurred. action and the alternative action are shall be as follows: Dated: January 26, 1999. similar. Tuesday, February 23, 1999—8:30 a.m. Sam Duraiswamy, Alternative Use of Resources until the conclusion of business Chief, Nuclear Reactors Branch. This action does not involve the use The Subcommittee will continue its [FR Doc. 99–2308 Filed 1–29–99; 8:45 am] of any resources not previously review of the application of BILLING CODE 7590±01±P 4908 Federal Register / Vol. 64, No. 20 / Monday, February 1, 1999 / Notices

SECURITIES AND EXCHANGE 1934 (‘‘Act’’),5 an amendment to its express their views on whether (1) the COMMISSION application for exemption from Commission should impose additional registration as a national securities conditions on AZX in light of the [Release No. 34±40961; File No. 10±100] exchange. In its amendment, AZX proposed changes, (2) the proposal proposes to operate two additional affects AZX participants’ obligations Exempted Exchanges; AZX, Inc.; auctions during regular trading hours, at under the order handling rules,10 or (3) Amendment to Application for 12:30 p.m. and 2:30 p.m. (ET) each the proposal raises issues regarding Exemption From Registration as an trading day. AZX also proposes to trade surveillance by AZX of trading activity Exchange Under Section 5 of the exchange-listed and NNM securities in listed securities. In this regard, in Securities Exchange Act of 1934; during all three regular hours auctions. connection with its current regular Request for Comments In addition, AZX proposes to hours auction for NNM Securities, AZX January 22, 1999. consolidate its two evening after-hours undertook to implement surveillance auctions into one after-hours auction procedures to detect possible market I. Introduction and Summary ending at 4:30 p.m. (ET). manipulation and insider trading. These AZX, Inc. operates the Arizona Stock If the proposal is approved, there will procedures require AZX to compare Exchange (‘‘AZX’’), a computerized, be five AZX auction—two off-hours and auction prices and bids and offers single-price auction system that three regular hours. All five auctions entered into AZX with activity in the facilitates trading of registered equity will be permitted to trade both primary market, and to monitor the securities by broker-dealers and exchange-listed and NNM securities, effects of an order cancellation or institutions. AZX operates three off- and will be subject to real-time revision on the primary market. hours auctions in Nasdaq National transaction reporting under the National Commenters may wish to comment on Market (‘‘NNM’’) and exchange listed Association of Securities Dealers, Inc. whether these surveillance procedures securities, at 9:15 a.m., 4:20 p.m., and (‘‘NASD’’) rules.6 are sufficient for monitoring both NNM 5:00 p.m. (ET), each trading day. AZX The Commission is soliciting public and exchange-listed securities. also operates one auction during regular comment on whether it is appropriate to III. Solicitation of Comments trading hours,1 at 10:30 a.m. (ET), for amend the Exemption Order to reflect NNM securities only. AZX operates AZX’s proposal to add two auction The Commission is soliciting public pursuant to the terms and conditions of sessions during regular trading hours for comment on whether to amend the AZX a Commission order granting AZX a exchange-listed and NNM securities, Exemption Order to reflect the trading sessions during regular trading hours for ‘‘limited volume’’ exemption from trade exchange-listed securities at all exchange listed and NNM securities, the registration as a national securities day auctions, and consolidate AZX’s trading of exchange listed securities at exchange 2 and a staff no-action letter two off-hours evening auctions.7 its 10:30 (ET) auction, and the with respect to the nonregistration of II. Additional Trading Sessions consolidation of its two after hours AZX as a broker-dealer, clearing agency, evening auctions. Interested persons are transfer agent, and exclusive securities The proposed regular trading hours invited to submit written data, views information processor.3 Under the terms auctions are to be operated in the same and arguments concerning the of its exemption, AZX trades only NNM manner as the morning auction held 4 during regular trading hours. However, foregoing. Persons making written securities during regular trading hours. submissions should file six copies Although the statute provides no the proposal would allow exchange- listed securities, as well as NNM thereof with the Secretary, Securities guidelines as to what level of volume and Exchange Commission, 450 Fifth qualifies as ‘‘limited,’’ the Exemption securities, to be traded during all three regular trading hours auctions. Street, NW., Washington, DC 20549. All Order stated that the Commission may comment letters should refer to File No. rescind the exemption and require AZX Commenters are invited to express their views on whether trading listed 10–100. Copies will be available for to register as a national securities inspection and copying in the exchange if AZX’s volume exceeds that securities during regular trading hours is consistent with the language of Commission’s Public Reference Room in of any of the registered stock exchanges. Washington, DC. All submissions On July 30, 1998, AZX, Inc. filed with Section 5 of the Act 8 governing limited volume exemptions or whether it will should refer to the file number in the the Commission pursuant to Rule 6a–1 caption above and should be submitted under the Securities Exchange Act of affect AZX’s ability to comply with the terms and conditions of its Exemption by March 3, 1999. Order.9 Commenters may also wish to 1 ‘‘Regular trading hours’’ refers to the time period (3) the submission of activity reports to the in which the New York Stock Exchange, Inc. Commission; (4) the adoption and implementation 5 permits trading, which is 9:30 a.m. to 4:00 p.m. (ET) 17 CFR 240.6a–1 of procedures to conduct surveillance of trading by each trading day. 6 See NASD Rules 4630, 4631, 4632, 6400, 6410 AZX employees and to detect possible insider 2 Securities Exchange Act Release No. 28899 and 6420. trading or manipulative abuses; (5) continued (February 20, 1991), 56 FR 8377 (February 28, 7 Notwithstanding a statement to the contrary compliance with the capacity, security and 1991), amended by Securities Exchange Act Release contained in the application, the Commission has contingency plan requirements of the Commission’s No. 37272 (June 3, 1996), 61 FR 29145 (June 7, not previously approved any portion of AZX’s Automation Review Policy; and (6) the provision of 1996) (collectively ‘‘Exemption Order’’). proposal. 30 days prior notice of any material changes in the 3 Letter regarding Wunsch Auction Systems, Inc., 8 15 U.S.C. 78(e). operation of the auction. predecessor to AZX, Inc., (February 28, 1991). The 9 The most significant terms and conditions 10 The Division of Market Regulation (‘‘Division’’) no-action letter also provided AZX’s original include: (1) the continued registration of AZX’s previously issued a letter confirming that AZX is crossing broker, Bankers Trust Brokerage crossing-broker as a broker-dealer under Section not an electronic communications network (‘‘ECN’’) Corporation (‘‘BTBC’’) with relief with respect to 15(b) of the Act and the continued membership of as defined in Rule 11Ac1–1 under the Act (17 CFR non-registration as an exchange, clearing agency, AZX’s crossing-broker in at least one self-regulatory 240.11Ac1–1). Letter from Richard R. Lindsey, transfer agent, and exclusive securities information organization; (2) the effective registration of any Director, Division, SEC, to R. Steven Wunsch, processor. BTBC was replaced as AZX’s crossing security traded on AZX under Sections 12(b) or President, AZX, Inc., dated January 14, 1997. broker by Investment Technology Group, Inc. 12(g) of the Act, or the provision of information Because AZX is not an ECN, market maker (‘‘ITG’’) in February 1995. ITG is a registered with respect to a security pursuant to Section 15(d) participants entering priced orders into AZX will broker-dealer. of the Act, or an exemption from registration not be required to update their market maker quotes 4 See Securities Exchange Act Release No. 37272, because the security is a ‘‘government security’’ as to reflect their AZX orders under the amendments supra note 2. defined in Section 3(a)(42)(A), (B), or (C) of the Act; to the Quote Rule. Federal Register / Vol. 64, No. 20 / Monday, February 1, 1999 / Notices 4909

By the Commission. Filing Dates: The application was will engage in securities lending unless Margaret H. McFarland, filed on December 22, 1997, and so permitted. Deputy Secretary. amended on October 5, 1998, and on 3. Applicants propose to deposit [FR Doc. 99–2252 Filed 1–29–99; 8:45 am] December 14, 1998. uninvested cash balances of Hearing or Notification of Hearing: An participating Funds (‘‘Participants’’) that BILLING CODE 8010±01±M order granting the application will be remain at the end of the trading day issued unless the SEC orders a hearing. and/or cash for investment purposes SECURITIES AND EXCHANGE Interested persons may request a (‘‘Uninvested Cash’’) into one or more COMMISSION hearing by writing to the SEC’s joint accounts (the ‘‘Joint Investment Secretary and serving applicants with a Account’’). Applicants also propose to [Rel. No. IC±23662; 812±10916] copy of the request, personally or by deposit the cash received as collateral in mail. Hearing requests should be a securities lending transaction (‘‘Cash The Victory Portfolios, et al.; Notice of received by the SEC by 5:30 p.m. on Collateral’’) in a joint account (‘‘Joint Application February 18, 1999, and should be Collateral Account’’, together with the Janury 25, 1999. accompanied by proof of service on Joint Investment Account, the ‘‘Joint AGENCY: Securities and Exchange applicants, in the form of an affidavit or, Accounts’’). Commission (‘‘SEC’’). for lawyers, a certificate of service. 4. The Joint Accounts will be Hearing requests should state the nature established at Key Trust, the Funds’ ACTION: Notice of application for an custodian, and the daily balance of the order under section 17(d) of the of the writer’s interest, the reason for the request, and the issues contested Joint Accounts will be invested in the Investment Company Act of 1940 (the following short-term investments: (a) ‘‘Act’’) and rule 17d–1 under the Act. Persons who wish to be notified of a hearing may request notification by Repurchase agreements that are SUMMARY OF APPLICATION: Applicants writing to the SEC’s Secretary. collateralized fully within the meaning 2 request an order to permit The Victory ADDRESSSES: Secretary, SEC, 450 Fifth of rule 2a–7 under the Act; (b) interest- Portfolios to deposit uninvested cash Street, NW, Washington, DC 20549. bearing or discounted commercial balances in joint accounts investing in Applicants, 3435 Stelzer Road, paper, including dollar denominated short-term investments, and to permit Columbus, OH 43219. commercial paper of foreign issuers; and Key Trust Company of Ohio, N.A. (‘‘Key FOR FURTHER INFORMATION CONTACT: Lisa (c) any other short-term taxable and tax- Trust’’) to accept fees for acting as McCrea, Attorney Adviser, at (202) 942– exempt money market instruments, securities lending agent. 0562, or Mary Kay Frech, Branch Chief, including variable rate demand notes, Applicants: The Victory Portfolios at (202) 942–0564 (Office of Investment that constitute ‘‘Eligible Securities’’ (consisting of Victory Balanced Fund, Company Regulation, Division of within the meaning of rule 2a–7 under Victory Convertible Securities Fund, Investment Management). the Act (collectively, ‘‘Short-Term Investments’’). Victory Diversified Stock Fund, Victory SUPPLEMENTARY INFORMATION: The Established Value Fund, Victory Federal 5. Applicants also propose to permit following is a summary of the Key Trust to act as the Funds’ securities Money Market Fund, Victory Financial application. The complete application Reserves Fund, Victory Fund for lending agent, to invest the Cash may be obtained for a fee at the SEC’s Collateral at the direction of KAM in Income, Victory Government Mortgage Public Reference Branch, 450 5th Street Fund, Victory Gradison Government Short-Term Investments, and to enter NW, Washington, DC 20549 (tel. 202– into a fee splitting arrangement with the Reserves Fund, Victory Growth Fund, 942–8090). Victory Institutional Money Market Funds whereby Key Trust would receive Fund, Victory Intermediate Income Applicant’s Representations a fee based on a percentage of the net Fund, Victory International Growth 1. The Victory Portfolios is an open- returns generated by the lending Fund, Victory Investment Quality Bond end management investment company transactions. Under the proposed Fund, Victory Lakefront Fund, Victory registered under the Act, currently arrangement, Key Trust would receive a LifeChoice Conservative Investor Fund, consisting of thirty-two Funds. KAM is pre-negotiated percentage of the net Victory LifeChoice Growth Investor registered as an investment adviser earnings on the investment of the Cash Fund, Victory LifeChoice Moderate under the Investment Advisers Act of Collateral. 6. A Participant’s decision to use a Investor Fund, Victory Limited Term 1940, and serves as investment adviser Joint Account would be based on the Income Fund, Victory National to the Funds. Both KAM and Key Trust same factors as its decision to make any Municipal Bond Fund, Victory New are subsidiaries of KeyCorp. other Short-Term Investment. Key Trust, York Tax-Free Fund, Victory Ohio 2. All of the Funds are authorized by at the direction of KAM, would be Municipal Bond Fund, Victory Ohio their investment policies to invest in responsible for investing funds held by Municipal Money Market Fund, Victory short-term liquid assets including the Joint Accounts, establishing Ohio Regional Stock Fund, Victory repurchase agreements, United States accounting and control procedures, Prime Obligations Fund, Victory Real government securities, or other short- operating the Joint Accounts in Estate Investment Fund, Victory Special term debt obligations. The investment accordance with the procedures Growth Fund, Victory Special Value objectives, policies and restrictions of discussed below, and ensuring fair Fund, Victory Stock Index Fund, most Funds permit them to engage in treatment of Participants. KAM (or Key Victory Tax-Free Money Market Fund, securities lending transactions. No Fund Trust at KAM’s direction) would Victory U.S. Government Obligations manage investments in the Joint Fund, Victory Value Fund (each a controlling, controlled by, or under common Accounts in essentially the same ‘‘Fund’’)), Key Asset Management Inc. control with KAM acts as investment adviser. Each existing registered management investment manner as if it had invested in the (‘‘KAM’’), and Key Trust.1 company that currently intends to rely on the instruments on an individual basis for requested order has been named as an applicant. 1 Applicants request that the relief apply to all Any other existing or future registered investment each Participant. All purchases through existing and future series of The Victory Portfolios companies that subsequently rely on the order will and any other registered management investment comply with the terms and conditions in the 2 Applicants will not invest in hold-in-custody companies for which KAM or any entity application. repurchase agreements. 4910 Federal Register / Vol. 64, No. 20 / Monday, February 1, 1999 / Notices the Joint Accounts will comply with all further state that the proposed Joint competing quotes with respect to present and future SEC staff positions Accounts also could be deemed to be a lending agent fees from at least three relating to the investment of cash ‘‘joint enterprise or other joint independent lending agents to assist the collateral in connection with securities arrangement’’ within the meaning of Board in making the findings referred to lending activities. rule 17d–1. In addition, applicants state in paragraph (a) above. 7. Any repurchase agreements entered that the Funds’ securities lending fee (c) Each Fund’s contract with Key into through the Joint Accounts will arrangement with Key Trust may be Trust for lending agent services will be comply with the terms of Investment deemed a joint enterprise or profit reviewed annually and will be approved Company Act Release No. 13005 sharing plan within the meaning of rule for continuation only if a majority of the (February 2, 1983). Applicants 17d–1. Board (including a majority of the acknowledge that they have a 4. Applicants state that the proposed Disinterested Trustees) makes the continuing obligation to monitor the operation of the Joint Accounts, and Key findings referred to in paragraph (a) Commission’s published statements on Trust’s activities as securities lending above. repurchase agreements, and represent agent, are consistent with the standards (d) The Board (including a majority of that repurchase agreement transactions of section 17(d) and rule 17d–1 under the Disinterested Trustees), will (i) would comply with future positions of the Act. Applicants also assert that Key determine at each quarterly meeting, the Commission to the extent that such Trust is the most advantageous choice that the loan transactions during the positions set forth different or for the Funds to use as lending agent prior quarter were effected in additional requirements regarding because, as the Funds’ custodian, it can compliance with the conditions and repurchase agreements. In the event that administer the lending program procedures set forth in the application, the Commission sets forth guidelines efficiently. and (ii) review no less frequently than 5. Applicants state that Participants with respect to other Short-Term annually the conditions and procedures may earn a higher rate of return on Investments, all such investments made set forth in the application for through the Joint Accounts would investments through the Joint Accounts. continuing appropriateness. comply with those guidelines. Applicants also state that the Joint Accounts may increase the number of (e) The Funds will maintain and Applicants’ Legal Analysis dealers and issuers willing to enter into preserve permanently in an easily 1. Section 17(d) of the Act and rule Short-Term Investments with accessible place a written copy of the 17d–1 under the Act prohibit an Participants. Applicants assert that no conditions and procedures (and any affiliated person of a registered Participant would be in a less favorable modifications thereto) described in the investment company, or an affiliated position as a result of participating in application or otherwise followed in person of that person, acting as the Joint Accounts. Each Participant’s connection with lending securities and principal, from participating in any joint liability on any Short-Term Investment will maintain and preserve for a period arrangement or profit-sharing plan with would be limited to its interest in such of not less than six years from the end the investment company unless the SEC investment; no Participant would be of the fiscal year in which any loan has issued an order authorizing the jointly liable for the investments of any transaction occurred, the first two years arrangement. In passing on such other Participant. in an easily accessible place, a written applications, the SEC considers whether 6. Applicants agree to implement the record of each such loan transaction the investment company’s participation following procedural safeguards to setting forth a description of the security in the joint enterprise is consistent with ensure that the fee arrangement and loaned, the identity of the person on the the provisions, policies, and purposes of other terms governing the Funds’ other side of the loan transaction, the the Act, and the extent to which that relationship with Key Trust, as lending terms of the loan transaction, and the participation is on a basis different agent, will be fair: information or materials upon which from, or less advantageous than, that of (a) In connection with the approval of the determination was made that each other participants. Key Trust as lending agent to a Fund loan was in accordance with the 2. Section 2(a) (3) of the Act defines and implementation of the proposed fee procedures set forth above and the an affiliated person of an investment arrangement, a majority of the board of conditions to the application. company to include any investment trustees (the ‘‘Board’’) (including a Applicants’ Conditions adviser of the investment company and majority of the trustees who are not any person directly or indirectly ‘‘interested persons’’ of the Funds Applicants agree that the requested controlling, controlled by, or under within the meaning of section 2(a)(19) of order will be subject to the following common control with such investment the Act (the ‘‘Disinterested Trustees’’)), conditions: adviser. Applicants state that the Funds will determine that (i) the contract with Joint Accounts may be deemed to be affiliated persons Key Trust is in the best interests of the of each other because they are under the Fund and its shareholders; (ii) the 1. The Joint Accounts would not be common control of KAM. Applicants services to be performed by Key Trust distinguishable from any other accounts further state that KAM and Key Trust are required by the Fund; (iii) the nature maintained by Participants at their may be deemed to be under the common and quality of the services provided by custodian, except that monies from control of KeyCorp, and Key Trust Key Trust are at least equal to those Participants will be deposited in the therefore may be deemed an affiliated provided by others offering the same or Joint Accounts on a commingled basis. person of an affiliated person of the similar services; and (iv) the fees for Key The Joint Accounts will not have a Funds. Trust’s services are fair and reasonable separate existence and will not have 3. Applicants state that the in light of the usual and customary indicia of a separate legal entity. The Participants, by participating in the charges imposed by others for services sole function of the Joint Accounts will proposed Joint Accounts, and Key Trust, of the same nature and quality. be to provide a convenient way of managing the proposed Joint Accounts, (b) In connection with the approval of aggregating individual transactions could be deemed ‘‘joint participants’’ in Key Trust as lending agent to a Fund which would otherwise require daily a transaction within the meaning of and implementation of the proposed fee management of Uninvested Cash or section 17(d) of the Act. Applicants arrangement, the Board will obtain Cash Collateral. Federal Register / Vol. 64, No. 20 / Monday, February 1, 1999 / Notices 4911

2. Cash in the Joint Accounts would met. The Board will make and approve time to time) of its net assets in illiquid be invested in Short-Term Investments such changes as it deems necessary to securities, if KAM cannot sell the as directed by KAM (or, in the case of ensure that such procedures are instrument, or the Fund’s fractional Cash Collateral, Key Trust, at the followed. In addition, the Board will interest in such instrument, pursuant to direction of KAM). Short-Term determine, no less frequently than the preceding condition, or if such Investments that are repurchase annually, that the Joint Accounts have investment would otherwise be agreements would have a remaining been operated in accordance with the considered illiquid if held by a money maturity of 60 days or less and other proposed procedures and will permit a market fund. Short-Term Investments would have a Fund to continue to participate therein 13. Not every Participant participating remaining maturity of 90 days or less, only if it determines that there is a in the Joint Accounts will necessarily each as calculated in accordance with reasonable likelihood that the Fund and have its cash invested in every Joint rule 2a–7 under the Act. Cash Collateral its shareholders will benefit from the Account. However, to the extent a in a Joint Account would be invested in Fund’s continued participation. Participant’s cash is applied to a Short-Term Investments that have a 9. Any Short-Term Investments made particular Joint Account, the Participant remaining maturity of 397 days or less, through the Joint Accounts will satisfy will participate in and own a as calculated in accordance with rule the investment criteria of all proportionate share of the investment in 2a–7 under the Act. Participants in that investment. such Joint Account, and the income 3. All assets held in the Joint 10. KAM and/or the custodian of each earned or accrued thereon, based upon Investment Account would be valued on Participant will maintain records the percentage of such investment in an amortized cost basis to the extent documenting, for any given day, each such Joint Account purchased with permitted by applicable SEC releases, Participant’s aggregate investment in a monies contributed by the Participant. rules or orders. Joint Account and each Participant’s pro 4. Each Participant valuing its net rata share of each investment made Securities Lending assets in reliance on rule 2a–7 under the through such Joint Account. The records 14. The securities lending program of Act will use the average maturity of the maintained for each Participant shall be each Fund will comply with all present instruments in the Joint Investment maintained in conformity with section and future applicable Commission and Account in which such Participant has 31 of the Act and rules and regulations staff positions regarding securities an interest (determined on a dollar thereunder. lending arrangements. weighted basis) for the purpose of 11. Short-Term Investments held in a 15. The approval of the Board, computing its average portfolio maturity Joint Account generally will not be sold including a majority of the Disinterested with respect to its portion of the assets prior to maturity except if: (i) KAM Trustees, shall be required for the initial held in a Joint Investment Account on believes the investment no longer and subsequent approvals of Key Trust’s that day. presents minimal credit risks; (ii) the service as lending agent for each Fund, 5. In order to assure that there will be investment no longer satisfies the for the institution of all procedures no opportunity for any Participant to investment criteria of all Participants in relating to the securities lending use any part of a balance of a Joint the investment because of a program of the Funds, and for any Account credited to another Participant, downgrading or otherwise; or (iii) in the periodic review of loan transactions for no Participant will be allowed to create case of a repurchase agreement, the which Key Trust acted as lending agent. a negative balance in any Joint Account counterparty defaults. KAM may, For the SEC, by the Division of Investment for any reason, although each however, sell any Short-Term Management, under delegated authority. Participant would be permitted to draw Investment (or any fractional portion Margaret H. McFarland, down its entire balance at any time. thereof) on behalf of some or all Deputy Secretary. Participants prior to the maturity of the Each Participant’s decision to invest in [FR Doc. 99–2250 Filed 1–29–99; 8:45 am] a Joint Account would be solely at its investment if the cost of such BILLING CODE 8010±01±M option, and no Participant will be transaction will be borne solely by the obligated to invest in the Joint Account selling Participants and the transaction or to maintain any minimum balance in will not adversely affect other SECURITIES AND EXCHANGE the Joint Account. In addition, each Participants in the Joint Account. In no COMMISSION Participant will retain the sole rights of case would an early termination by less ownership to any of its assets in the than all Participants be permitted if it [Release No. 34±40969; File No. SR±CBOE± Joint Account. would reduce the principal amount or 98±23] yield received by other Participants in a 6. KAM would administer the Self-Regulatory Organizations; particular Joint Account or otherwise investment of cash balances in and Chicago Board Options Exchange, adversely affect the other Participants. operation of the Joint Accounts as part Inc.; Order Granting Approval to Each Participant in a Joint Account will of its general duties under its existing or Proposed Rule Change and Notice of be deemed to have consented to such any future investment advisory or sub- Filing and Order Granting Accelerated sale and partition of the investments in advisory agreements with Participants Approval to Amendment Nos. 1, 2 and the Joint Account. and will not collect any additional or 3 Relating to an Elimination of Position separate fees for advising any Joint 12. Short-Term Investments held through a Joint Account with a and Exercise Limits for Certain Broad- Account. Based Index Options 7. The administration of Joint remaining maturity of more than seven Accounts would be within the fidelity days, as calculated pursuant to rule 2a– January 22, 1999. bond coverage required by section 17(g) 7 under the Act, would be considered of the Act and rule 17g–1 under the Act. illiquid and would be subject to the I. Introduction 8. The Board will adopt procedures restriction that a Fund may not invest On June 11, 1998, the Chicago Board pursuant to which the Joint Accounts more than 15% or, in the case of a Options Exchange, Inc. (‘‘CBOE’’ or will operate, which will be reasonably money market fund, more than 10% (or, ‘‘Exchange’’) submitted to the Securities designed to provide that the in either such case, such other and Exchange Commission (‘‘SEC’’ or requirements of the application will be percentage as set forth by the SEC from ‘‘Commission’’), pursuant to Section 4912 Federal Register / Vol. 64, No. 20 / Monday, February 1, 1999 / Notices

19(b)(1) of the Securities Exchange Act received on the proposal.5 This order the requirements of the Act and the of 1934 (‘‘Exchange Act’’ or ‘‘Act’’) 1 and approves the proposal, as amended. rules and regulations thereunder Rule 19b–4 thereunder,2 a proposed rule applicable to a national securities II. Description change to establish a two year pilot exchange, and, in particular, with the program eliminating position and CBOE proposes to eliminate position requirements of Section 6 of the Act.9 exercise limits for certain broad-based and exercise limits for certain broad- Specifically, the Commission believes index options. based index options on a two year pilot the proposed rule change is designed to The proposed rule change was basis. Specifically, CBOE proposes to prevent fraudulent and manipulative published for comment in the Federal eliminate position and exercise limits acts and practices, to promote just and Register on July 9, 1998.3 CBOE filed for SPX, OEX, and DJX options.6 The equitable principles of trade, to foster amendments to the proposed rule proposal would also apply to FLEX cooperation and coordination with change on August 19, 1998, November broad-based index options on SPX, persons engaged in facilitating 13, 1998, and January 21, 1999, OEX, and DJX. These indexes will be transactions in securities, and to remove respectively.4 One comment letter was subject to new reporting thresholds.7 impediments to and perfect the OEX, SPX and all FLEX broad-based mechanism of a free and open market 1 15 U.S.C. 78s(b)(1). index options will be subject to a and a national market system. 2 17 CFR 240.19b–4. 100,000 contract reporting requirement Position limits serve as a regulatory 3 See Exchange Act Release No. 40158 (July 1, and DJX options, which are 1/10th the tool designed to address potential 1998), 63 FR 37153. size of a full value index contract, will manipulative schemes and adverse 4 See Letter to Christine Richardson, Attorney, Division of Market Regulation, Commission, from be subject to a 1 million contract market impact surrounding the use of Timothy Thompson, CBOE, dated August 18, 1998 reporting threshold. These reporting options. In the past, the Commission has (‘‘Amendment No. 1’’). CBOE’s original submission thresholds reflect an increase from the stated that: proposed to eliminate position and exercise limits current levels (i.e., 45,000 for SPX and Since the inception of standardized for all broad-based index options on a permanent 8 basis. Amendment No. 1 limited the proposal to a 65,000 for OEX). The proposal also options trading, the options exchanges have two year pilot program. Amendment No. 1 also reiterates that the Exchange has the had rules imposing limits on the aggregate limited the proposal to those broad-based indexes authority, pursuant to CBOE Rule 12.10, number of options contracts that a member meeting the following criteria: (1) a total to impose additional margin as it deems or customer could hold or exercise. These capitalization of at least $2 trillion or (2) an average rules are intended to prevent the capitalization of at least $15 billion. Amendment necessary upon an account maintaining an under-hedged option position in establishment of options positions that can No. 1 also stated that, near the end of the program, be used or might create incentives to CBOE would provide a report detailing the size and SPX, OEX, DJX or FLEX options on manipulate or disrupt the underlying market different types of strategies employed with respect these indexes. Finally, three months to positions established in those classes not subject so as to benefit the options position. In to position limits. The report would also indicate prior to completion of the pilot program, particular, position and exercise limits are whether any problems resulted from the no limit CBOE will provide a report to the designed to minimize the potential for mini- approach and provide any other information that Commission, including data for the first manipulations and for corners or squeezes of may be useful in evaluating the effectiveness of the eighteen months of the pilot. The report the underlying market. In addition such pilot program. will detail the size and different types limits serve to reduce the possibility for See Letter to Michael Walinskas, Deputy of strategies employed with respect to disruption of the options market itself, Associate Director, Division of Market Regulation, especially in illiquid options classes.10 Commission, from Mary Bender, CBOE, dated positions established in those classes In general, the Commission has taken October 28, 1998 (‘‘Amendment No. 2’’). not subject to position limits. The report a gradual, evolutionary approach toward Superseding the index criteria set forth in will also discuss whether any problems Amendment No. 1, Amendment No. 2 limited the expansion of position and exercise proposal to three specific broad-based indexes. resulted from the no limit approach and limits.11 The Commission has been Specifically, the proposal was limited to options on any other information that may be careful to balance two competing the S&P 500 (‘‘SPX’’), options on the S&P 100 useful in evaluating the effectiveness of concerns when considering the (‘‘OEX’’), and options on the Dow Jones Industrial the pilot program. Average (‘‘DJX’’). Amendment No. 2 also clarified appropriate level at which to set option that OEX and SPX options would be subject to a III. Discussion position and exercise limits. The 100,000 contract reporting threshold requirement Commission has recognized that the and DJX options, 1/10th the size of a full value The Commission finds that the limits must be sufficient to prevent index contract, would be subject to a 1 million proposed rule change is consistent with contract reporting threshold requirement. investors from disrupting the market in Amendment No. 2 also stated that the contract the component securities comprising thresholds, which would trigger an inquiry into No. 3 specified that that CBOE would provide a report to the Commission detailing the impact of whether additional margin should be imposed, 9 See 15 U.S.C. 78f(b). In approving this rule were being changed to 100,000 contracts for OEX the pilot program no later than three months prior to the expiration of the two year pilot program, change, the commission notes that it has considered and SPX options and 1 million contracts for DJX the proposal’s impact on efficiency, competition, options. containing certain data from the first eighteen month period of the pilot. and capital formation, consistent with Section 3 of See Letter to Michael Walinskas, Deputy 5 the Act. Id. at 78c(f). Associate Director, Division of Market Regulation, See Letter to Jonathan G. Katz, Secretary, Commission, from Mary Bender, CBOE, dated Commission, from Kathryn N. Natale, Deputy 10 Exchange Act Release Nos. 39489 (December January 20, 1999 (‘‘Amendment No. 3’’). General Counsel/Director of Compliance-Americas, 24, 1997), 63 FR 276 (January 5, 1998) (SR–CBOE– Amendment No. 3 deleted the margin review Credit Suisse First Boston, dated September 23, 97–11) (order approving an increase in OEX thresholds proposed in Amendment No. 2. 1998 (‘‘CSFB Letter’’). CSFB general supported the position and exercise limits); 31330 (October 16, Amendment No. 3 also clarified that the proposal. 1992), 57 FR 48408 (October 23, 1992) (SR–Amex– elimination of position limits for FLEX broad-based 6 The current position limits for SPX, OEX and 91–13) (order approving an increase in Institutional index options will apply only to FLEX options on DJX are 100,000 contracts, 150,000 contracts, and Index Options position and exercise limits). the SPX, OEX and DJX, and not to all broad-based 1,000,000 contracts, respectively. See CBOE Rule 11 This gradual approach to increasing position index options as originally proposed. Furthermore, 24.4. limits is evident with both the SPX and OEX. See SPX, OEX and DJX FLEX options contracts will be 7 Reporting thresholds are the contract levels at Exchange Act Release Nos. 37676 (September 13, subject to a 100,000 reporting requirement, and DJX which members are required to report certain 1996), 61 FR 49508 (September 20, 1996) (order will be subject to a 1 million contract reporting information regarding customer positions to the approving SR–CBOE–96–01; increasing position thresholds. Language was also added to reflect that Exchange. limits for the SPX from 45,000 to 100,000 the Exchange has the authority, pursuant to CBOE 8 Currently, DJX is not subject to an index contracts); 39789 (December 24, 1997), 63 FR 276 Rule 12.10, to impose additional margin upon and reporting requirement. Because DJX is part of the (January 5, 1998) (order approving SR–CBOE–97– account maintaining an underhedged FLEX SPX, proposal, CBOE is imposing new reporting 11; increasing position limits for the OEX from OEX or DJX option position. Finally, Amendment requirement for DJX options. 75,000 to 150,000 contracts). Federal Register / Vol. 64, No. 20 / Monday, February 1, 1999 / Notices 4913 the indexes. At the same time, the market manipulation or disruption in has the authority under its rules to Commission has determined that limits the underlying market.13 Removing impose a higher margin requirement must not be established at levels that are position and exercise limits for these upon the member or member so low as to discourage participation in index options may also bring additional organization when it determines a the options market by institutions and depth and liquidity, in terms of both higher requirement is warranted. other investors with substantial hedging volume and open interest, to the Monitoring accounts maintaining large needs or to prevent specialists and affected index options classes without positions should provide the Exchange market-makers from adequately meeting significantly increasing concerns with the information necessary to their obligations to maintain a fair and regarding intermarket manipulations or determine whether to impose additional orderly market.12 disruptions of the options or the margin and/or whether to assess capital The Commission has carefully underlying securities. charges upon a member organization considered the CBOE’s proposal. At the Second, eliminating position and carrying the account. In addition, the outset, the Commission notes that it still exercise limits for these specified Commission’s net capital rule, Rule believes the fundamental purposes of indexes should better serve the hedging 15c3–1 under the Exchange Act, position and exercise limits are being needs of institutions that engage in imposes a capital charge on members to served by their existence. Nevertheless, trading strategies different from those the extent of any margin deficiency the Commission believes that the covered under the index hedge resulting from the higher margin current experience with the trading of exemption policy (e.g., delta hedges, requirement. The significant increases index options as well as the surveillance OTC vs. listed hedges).4 Furthermore, in unhedged options capital charges capabilities of the CBOE have made it eliminating position and exercise limits resulting from the September 1997 permissible to consider other, less for the SPEX, OEX and DJX options will adoption of risk-based haircuts and prophylactic alternatives to regulating alleviate the regulatory burdens related CBOE’s margin requirements applicable the index options market while still to the current index hedge exemption, to these products under Exchange rules ensuring that large positions in such which involves a daily monitoring of serves as an additional form of index options will not unduly disrupt positions and reports to the Exchange at protection.16 The Commission also the options or underlying cash markets. the current levels. notes that the OCC will serve as the At this time, the Commission believes Third, the Commission believes that counter-party guarantor in every that it is appropriate to allow for an financial requirements imposed by exchange-traded transaction. elimination of position and exercise CBOE and by the Commission Fourth, the Commission notes that the limits for certain broad-based index adequately address concerns that a index options and other types of index- options on a two-year pilot basis. CBOE member or its customer may try based derivatives (e.g., forwards and The Commission believes that an to maintain an inordinately large swaps) are not subject to position and elimination of position and exercise unhedged position in a broad-based exercise limits in the OTC market. The limits for certain broad-based index index option. Current margin and risk- Commission believes that eliminating options on a pilot basis is appropriate based haircut methodologies serve to position and exercise limits for the SPX, for several reasons. Overall, the limit the size of positions maintained by OEX, and DJX options on a two-year Commission believes that the pilot will any one account by increasing the pilot basis will better allow CBOE to allow the CBOE to allocate certain of its margin and/or capital that a member compete with the OTC market. surveillance resources differently, must maintain for a large position held Fifth, the Commission believes that focusing on enhanced reporting and by itself or by its customer.15 CBOE also CBOE has adopted important enhanced surveillance of trading to detect surveillance and reporting safeguards potential manipulation and risky 13 SPX is a capitalization-weighted index that will allow it to detect and deter positions that may unduly affect the composed of 500 stocks from a broad range of trading abuses arising from the industries. As of August 1998, the total market elimination of position and exercise cash market, rather than focusing on the capitalization value for SPX was $8.5 trillion. See strict enforcement of position limits. Amendment No. 1. OEX is a capitalization- limits for SPX, OEX, DJX, and FLEX Although this regulatory approach weighted index composed of 100 stocks from a options on those indexes. These deviates from the current structure that broad range of industries. As of August 1998, the safeguards will also allow CBOE to total market capitalization value for OEX was $3.8 monitor large positions in order to has been in place since the beginning of trillion. Id. DJX is a price-weighted index composed index options trading, the Commission of 30 of the largest, most liquid New York Stock identify instances of potential risk and believes that the enhanced reporting Exchange-listed stocks. As of August 1998, the total to assess additional margin and/or and surveillance CBOE is providing, as market capitalization value for DJX was $2.2 capital charges, if deemed necessary. well as the fact that the pilot is limited trillion. Id. Specifically, CBOE will subject SPX, In addition, the average trading volume for the OEX and FLEX options on those indexes to the CBOE’s three most highly underlying components of these indexes for the six capitalized and actively traded index months preceding January 20, 1999, demonstrates to a 100,000 contract hedge reporting options, provides a sound basis for the substantial liquidity of the index components as requirement, and DJX, which is one- approving a two year pilot program a group. The average trading share volume tenth the size of a full value index underlying the SPX is 757.5 million shares. The contract, and FLEX options on the DJX eliminating position and exercise limits. average trading share volume underlying the OEX The Commission notes first that the is 244.3 million shares. Finally, the average trading will be subject to a 1 million contract proposal is limited to options on three share volume underlying the DJX is 94.77 million broad-based indexes, the SPX, OEX, shares. Telephone call between Patricia Cerny, broker-dealer’s aggregate index position over a +(¥) DJX, and FLEX options on those CBOE, and Christine Richardson, Commission, on 10% market move. Exchange margin rules require January 21, 1999. margin on naked index options which are in or at- indexes. The Commission believes that 14 CSFB notes that many institutional traders the-money equal to a 15% move in the underlying the enormous capitalization of and conduct substantial hedging activity similar to that index; and a minimum 10% charge for naked out- deep, liquid markets for the underlying of the listed options market in other markets that of-the money contracts. At an index value of 9,000 securities contained in these indexes are not restricted by position and exercise limits, this approximates to a $135,000 to $90,000 e.g., by trading off-shore or in the U.S. treasury requirement per each unhedged contract. significantly reduces concerns regarding bond futures and Eurodollar futures market. See 16 See Exchange Act Release No. 38248 (February CSFB Letter. 6, 1997), 62 FR 6474 (February 12, 1997)(adopting 12 See H.R. No. IFC–3, 96th Cong., 1st Sess. at 15 Exchange Act Rule 15c3–1 requires a capital Risk Based Haircuts), and CBOE Rule 24.11 189–91 (Comm. Print 1978). charge equal to the maximum potential loss on a Margins. 4914 Federal Register / Vol. 64, No. 20 / Monday, February 1, 1999 / Notices hedge reporting threshold.17 Each with the reporting requirements, established in those classes of options member or member organization that eliminating position and exercise limits not subject to position limits. This maintains a position on the same side of for FLEX options on the SPX, OEX and report will help CBOE and the the market in excess of these contract DJX for a two-year pilot period should Commission to assess the effects of thresholds for its own account of for the not substantially increase manipulative eliminating position and exercise limits account of a customer must file a report concerns. on the effected index options. that includes, but is not limited to, data Notwithstanding the protections that Accordingly, the Commission believes related to the option position, whether have been built into CBOE’s proposal, that good cause exists, consistent with such position is hedged and if so, a the Commission believes a prudent Sections 6(b)(5) and 19(b) of the Act to description of the hedge. If applicable, approach is warranted with respect to approve Amendment No. 1 to the the report must contain information the elimination of position limits for proposed rule change on an accelerated concerning collateral used to carry the these indexes. In this regard, the basis.23 position. Exchange market makers Commission cannot rule out the The Commission finds good cause to would continue to be exempt from this potential for adverse effects on the approve Amendment No. 2 to the reporting requirement. Although the securities markets for the component proposed rule filing prior to the thirtieth new reporting thresholds are higher for securities underlying the effected broad- day after the date of publication of SPX and OEX, the new levels will based indexes. To address this concern, notice of filing thereof in the Federal enable CBOE to allocate its surveillance the Commission is approving the Register. Specifically, Amendment No. resources on those accounts maintaining proposal for a two-year pilot period and 2 limited the proposal to three specific larger, potentially riskier, positions. limiting the proposal to SPX, OEX, DJX broad-based indexes—SPX, OEX, and CBOE has submitted to the Commission options, and FLEX options on those DJX options. By restricting the a detailed description of enhanced indexes.19 Furthermore, three months elimination of position and exercise surveillance procedures the Exchange prior to the end of the pilot program, limits to SPX, OEX, and DJX options, will implement in order to monitor CBOE will provide the Commission the proposed rule change is more accounts maintaining large positions. with a report detailing the size and restrictive than the original proposal, The Commission also believes that different types of strategies employed which was published for the entire CBOE’s new surveillance procedures with respect to positions established in twenty-one day comment period and should enable the Exchange to assess those classes not subject to position generated only one response.24 and respond to market concerns at an limits. In addition, the report will note Amendment No. 2 also imposed new early stage. Although it is inappropriate whether any problems resulted due to reporting thresholds on members to discuss the details of CBOE’s the no limit approach and any other holding large positions in the effected enhanced surveillance program, the information that may be useful in options. These reporting requirements Commission notes that these enhanced evaluating the effectiveness of the pilot will better enable CBOE to detect and 20 procedures were critical in its program. The Commission expects deter trading abuses arising from the determination to approve the proposed that CBOE will take prompt action, elimination of position and exercise rule change.18 including timely communication with limits. In addition, the Commission Finally, the Commission notes the the Commission and other marketplace notes that CBOE’s proposal reiterates lack of any discernible problems at self-regulatory organizations responsible the Exchange’s ability to impose margin existing levels. Although it is difficult to for oversight of trading in component and/or assess capital charges an compare a market with position limits stocks, should any unanticipated important safeguard to address concerns and one without, the Commission notes adverse market effects develop. regarding potential manipulation or that the lack of any significant problems The Commission finds good cause to other market disruptions. Accordingly, at existing levels, which are relatively approve Amendment No. 1 to the the Commission believes that good high for these three index options proposed rule filing prior to the thirtieth cause exists, consistent with Sections compared to other similar products does day after the date of publication of 6(b)(5) and 19(b) of the Act to approve provide some basis for going forward notice of filing thereof in the Federal Amendment No. 2 to the proposed rule with the CBOE’s proposal. The Register. Specifically, by restricting the change on an accelerated basis. Commission further believes that, if elimination of position and exercise The Commission finds good cause to problems were to occur during the pilot limits for certain broadbased index approve Amendment No. 3 to the options to a two-year pilot period, the proposed rule filing prior to the thirtieth period, the enhanced market proposed rule change is more restrictive day after the date of publication of surveillance of large positions should than the original proposal, which was notice of filing thereof in the Federal help CBOE to take the appropriate published for the entire twenty-one day Register. Specifically, the Commission action in order to avoid any comment period and generated only one believes that deleting the proposed manipulation or market risk concerns. 21 With regard to the elimination of response. Amendment No. 1 also margin review thresholds of 100,000 position and exercise limits for FLEX stated that CBOE will provide a report contracts for SPX and OEX and 1 to the Commission three months prior to million for DJX is appropriate to avoid options on the SPX, OEX and DJX, the 22 Commission believes that, given the size the end of the pilot period, detailing possible a misinterpretation that the and sophisticated nature of the FLEX any resulting problems, as well as the 23 options market for these indexes, along size and different types of strategies The Commission notes that Amendment No. 1 employed with respect to positions also limited the proposal to all broad-based indexes meeting the following criteria: (1) a total 17 The current hedge reporting thresholds for SPX capitalization of at least $2 trillion or (2) an average and OEX are 45,000 contracts and 65,000 contracts, 19 Cf. Exchange Act Release No. 30932 (September capitalization of at least $15 billion. Although this respectively. DJX is not currently subject to a 9, 1997), 62 FR 48683 (September 16, 1997) (order provision narrowed the application of the proposed reporting requirement. approving the elimination of position and exercise rule change, at the request of the Commission, 18 Disclosure of specific surveillance procedures limits for FLEX equity options on a two year pilot CBOE filed Amendment No. 2 which replaced this could provide market participants with information basis). provision and further narrowed application of the that could aid potential attempts at avoiding 20 See Amendment No. 1. proposed rule change to SPX, OEX, and DJX regulatory detection of inappropriate trading 21 See CSFB Letter. options. activity. 22 See Amendment No. 3. 24 See CSFB Letter. Federal Register / Vol. 64, No. 20 / Monday, February 1, 1999 / Notices 4915

Exchange may only impose additional For the Commission, by the Division of II. Self-Regulatory Organization’s margin under CBOE Rule 12.10 when Market Regulation, pursuant to delegated Statement of the Purpose of, and these thresholds are reached. authority.26 Statutory Basis for, the Proposed Rule Amendment No. 3 clarifies that the Margaret H. McFarland, Change Exchange may impose additional Deputy Secretary. In its filing with the Commission, the margin as it deems necessary. The [FR Doc. 99–2251 Filed 1–29–99; 8:45 am] CBOE included statements concerning Commission also believes that BILLING CODE 8010±01±M the purpose of and basis for the narrowing the elimination of position proposed rule change and discussed any and exercise limits to FLEX options on comments it received on the proposed the SPX, OEX, and DJX, rather than all SECURITIES AND EXCHANGE rule change. The text of these statement FLEX broad-based index options is COMMISSION may be examined at the places specified appropriate because it is more in Item IV below. The CBOE has restrictive than the original proposal [Release No. 34±40973; File No. SR±CBOE± prepared summaries, set forth in and it will allow the Exchange to focus 98±55] Sections A, B, and C below, of the most initially on a smaller number of significant aspects of such statements. accounts maintaining positions in FLEX Self-Regulatory Organizations; Notice A. Self-Regulatory Organization’s SPX, OEX and DJX options. Amendment of Filing and Immediate Effectiveness Statement of the Purpose of, and No. 3 also appropriately clarifies when of Proposed Rule Change and Statutory Basis for, the Proposed Rule the CBOE will provide the Commission Amendment No. 1 Thereto by the Change with a report concerning the impact of Chicago Board Options Exchange, Inc. the pilot program. Accordingly, the Relating to Exchange Fees for CBOT 1. Purpose Commission believes that good cause Exercisers. The purpose of this proposed rule exists, consistent with Sections 6(b)(5) change is to amend certain fees so that and 19(b) of the Act to approve January 25, 1999. these fees are charged to CBOE members Amendment No. 3 to the proposed rule Pursuant to Section 19(b)(1) of the that are also members of the CBOT change on an accelerated basis. Securities Exchange Act of 1934 (‘‘CBOT Exercisers’’) in the same 1 2 manner they are charged to the other IV. Solicitation of Comments (‘‘Act’’) and Rule 19b–4 thereunder, notice is hereby given that on December CBOE members. Article Five(b) of the CBOE Certificate Interested persons are invited to 30, 1998, the Chicago Board Options of Incorporation provides that: submit written data, views, and Exchange, Inc. (‘‘CBOE’’ or ‘‘Exchange’’) arguments concerning Amendments No. filed with the Securities and Exchange [E]very present and future member of the 1, 2 and 3, including whether the Commission (‘‘Commission’’ or ‘‘SEC’’) [the Board of Trade of the City of Chicago] who applies for membership in the [CBOE] proposal is consistent with the Act. the proposed rule change as described and who otherwise qualifies qualifies shall, Persons making written submissions in Items I, II, and III below, which Items so long as he remains a member of said Board should file six copies thereof with the have been prepared by the Exchange. of Trade, be entitled to be a member of the Secretary, Securities and Exchange On January 13, 1999, the Exchange [CBOE] notwithstanding any such limitation Commission, 450 Fifth Street, NW, submitted Amendment No. 1 to the on the number of members and without the Washington, DC 20549. Copies of the proposed rule change.3 The Commission necessity of acquiring such membership for consideration or value from the [CBOE], its submission, all subsequent is publishing this notice to solicit members, or elsewhere. Members of the amendments, all written statements comments on the proposed rule change, [CBOE] admitted pursuant to this paragraph with respect to the proposed rule as amended, from interested person. (b) shall, as a condition of membership in the change that are filed with the [CBOE], be subject to fees, dues, assessments Commission, and all written I. Self-Regulatory Organization’s and other like charges, and shall otherwise be communications relating to the Statement of the Terms of Substance of vested with all rights and privileges and proposed rule change between the the Proposed Rule Change subject to all obligations of membership, as provided in the by-laws. Commission and any person, other than The CBOE proposes to amend certain CBOE Rule 3.16(c) further provides that those that may be withheld from the fees so that these fees are charged to public in accordance with the for the purpose of entitlement to Chicago Board of Trade (‘‘CBOT’’) provisions of 5 U.S.C. 552, will be membership on the CBOE in accordance exercise members of CBOE in the same available for inspecting and copying at with Article Fifth(b), the term ‘‘member manner that they are charged to other the Commission’s Public Reference of the Board of Trade of the City of CBOE members. The text of the Room. Copies of such filing will also be Chicago’’ is interpreted to mean an proposed rule change is available at the available for inspection and copying at individual who is either an ‘‘Eligible Office of the Secretary, CBOE and at the the principal office of the Exchange. All CBOT Full Member’’ or an ‘‘Eligible Commission. submissions should refer to File No. CBOT Full Member Delegate’’ as those SR–CBOE–98–23 and should be terms are defined in the Agreement 26 submitted by February 22, 1999. 17 CFR 200.30–3(a)(12). entered into on September 1, 1992, 1 17 U.S.C. 78s(b)(1). between CBOT and CBOE (‘‘1992 V. Conclusion 2 17 CFR 240.19b–4. Agreement’’), and shall not mean any 3 See letter from Arthur B. Reinstein, Assistant other person. It is therefore Ordered, pursuant to General Counsel, CBOE, to Richard Strasser, On February 12, 1988, CBOE and 25 Assistant Director, SEC, dated January 12, 1999. section 19(b)(2) of the Act, that the (‘‘Amendment No. 1’’). In Amendment No. 1, CBOE CBOT entered into a Joint Venture proposed rule change (SR–CBOE–98– described the amount of CBOE dues and the Agreement (‘‘JV Agreement’’). The JV 23) is approved, as amended, on a two- technology fee which the rule change imposes on Agreement provided, among other year pilot basis until January 22, 2001. CBOT Exercisers. Additionally, CBOE summarized the fee waiver provisions of CBOE Rule 3.16(c) and things, that the CBOE would waive dues the Agreement entered into on September 1, 1992, in a given quarter for CBOT Exercisers 25 15 U.S.C. 78s(b)(2). between the Chicago Board of Trade and CBOE. who made no trades in CBOE contracts 4916 Federal Register / Vol. 64, No. 20 / Monday, February 1, 1999 / Notices for the immediate previous quarter and The Exchange believes that it is or otherwise in furtherance of the that the access/exerciser fee for CBOT appropriate to charge CBOT Exerciser purposes of the Act. Exercisers would be zero for the applicants the same membership IV. Solicitation of Comments duration of the joint venture. The JV application fees as other CBOE Agreement terminated on December 29, membership applicants because CBOT Interested persons are invited to 1998. As a result, CBOE dues will no Exerciser applications require the same submit written data, views, and longer be waived for CBOT Exercisers staff resources and effort to process as arguments concerning the foregoing, who make no trades in CBOE contracts applications submitted by other CBOE including whether the proposed rule in the immediate previous quarter, and membership applicants. Finally, it change is consistent with the Act. all CBOT Exercisers will be charged should be noted that this rule filing is Persons making written submissions CBOE dues to the same extent that other not intended to affect the fee waiver should file six copies thereof with the CBOE members are charged CBOE dues. provisions that are set forth in the 1992 Secretary, Securities and Exchange Accordingly, each person who is an Agreement and Rule 3.16(c).6 Commission, 450 Fifth Street, NW, effective CBOT Exerciser member of Washington, DC 20549. Copies of the 2. Statutory Basis CBOE at the end of the first business submission, all subsequent day of a calendar quarter will be The Exchange represents that the amendments, all written statements charged the applicable CBOE dues for proposed rule change is consistent with with respect to the proposed rule that quarter.4 Section 6(b) 7 of the Act in general and change that are filed with the Similarly, the CBOE technology fee furthers the objectives of Section Commission, and all written will no longer be waived for CBOT 6(b)(4) 8 in particular, in that it is communications relating to the Exercisers who make no trades in CBOE designed to provide for the equitable proposed rule change between the contracts in the immediate previous allocation of reasonable dues, fees, and Commission and person, other than month. As a result, each person who is other charges among CBOE members.9 those that may be withheld from the an effective CBOT Exerciser member of public in accordance with the B. Self-Regulatory Organization’s provisions of 5 U.S.C. 552, will be CBOE at the end of the first business Statement on Burden on Competition day of a month will be charged the available for inspection and copying at technology fee for that month.5 CBOE The Exchange does not believe that the Commission’s Public Reference began assessing dues and the technology the proposed rule change will impose Room. Copies of such filing also will be fee to CBOT Exercisers on January 4, any burden on competition. available for inspection and copying at the principal office of the CBOE. All 1999. C. Self-Regulatory Organization’s submissions should refer to File No. Due to the termination of the JV Statement on Comments on the SR–CBOE–98–55 and should be Agreement, the CBOE membership Proposed Rule Change Received from submitted by February 22, 1999. application fees will also no longer be Members, Participants, or Others waived for CBOT Exercisers. For the Commission, by the Division of Accordingly, commencing on December The Exchange has neither solicited Market Regulation, pursuant to delegated 29, 1998, each CBOT Exerciser not received written comments on the authority.12 membership applicant will be charged proposed rule change. Margaret H. McFarland, CBOE membership application fees to III. Date of Effectiveness of the Deputy Secretary. the same extent that other CBOE Proposed Rule Change and Timing for [FR Doc. 99–2297 Filed 1–29–99; 8:45 am] membership applicants are charged Commission Action BILLING CODE 8010±01±M CBOE membership application fees. These membership application fees The foregoing rule change, which include, but are not limited to, the establishes or changes a due, fee, or SECURITIES AND EXCHANGE $2,000 fee for new membership other charge imposed by the Exchange, COMMISSION applicants and the $100 renewal/change has become effective pursuant to section 19(b)(3)(A) of the Act 10 and [Release No. 34±40971; File No. SR±CBOE± of status fee. These amendments to 98±11) CBOE’s membership application fees subparagraph (e)(2) of Rule 19b–4 11 will be incorporated into CBOE’s thereunder. At any time within 60 Self-Regulatory Organizations; Order Membership Fee Circular. days of the filing of the proposed rule Approving Proposed Rule Change and Prior to the JV Agreement, CBOT change, the Commission may summarily Notice of Filing and Order Granting Exerciser applicants were charged a abrogate such rule change if it appears Accelerated Approval to Amendment $500 CBOT Exerciser application fee. to the Commission that such action is No. 2 to the Proposed Rule Change by Because CBOT Exerciser applicants will necessary or appropriate in the public the Chicago Board Options Exchange, now be charged the same membership interest, for the protection of investors, Inc. Relating to Adjustments in Market application fees as other CBOE Maker Equity membership applicants, the $500 CBOT 6 Amendment No. 1 explains that Rule 3.16(c) and the 1992 Agreement provide for CBOE to waive January 25, 1999. Exerciser application fee will be all membership dues, fees, and other charges and eliminated. all qualification requirements, other than those I. Introduction imposed by law, in order to permit Eligible CBOT Full Members and Eligible CBOT Full Member Pursuant to Section 19(b)(1) of the 4 Amendment No. 1 states that CBOE dues are Delegates to participate in certain CBOE offers, Securities Exchange Act of 1934 (‘‘Act’’ currently $625.00 per quarter, subject to a 25% distributions, and redemptions defined by the 1992 1 discount if CBOE average daily volume on a fiscal or ‘‘Exchange Act’’) and Rule 19b–4 Agreement. See note 3, supra. year-to-date basis (‘‘ADV’’) is between 800,001– thereunder,2 the Chicago Board Options 7 850,000 contracts, a 50% discount if CBOE ADV is 15 U.S.C. 78f(b). Exchange, Inc. (‘‘CBOE’’ or ‘‘Exchange’’) 8 15 U.S.C. 78f(b)(4). between 850,001–875,000 contracts, a 75% filed with the Securities and Exchange discount if CBOE ADV is between 875,001–900,000 9 In reviewing the proposed rule change, the contracts, and a 100% discount if CBOE ADV Commission considered its impact on efficiency, exceeds 900,000 contracts. See note 3, supra. competition, and capital formation. 15 U.S.C. 78c(f). 17 CFR 200.30–3(a)(12). 5 According to Amendment No. 1, the technology 10 15 U.S.C. 78s(b)(3)(A). 1 15 U.S.C. 78s(b)(1). fee is $200.00 a month. See note 3, supra. 11 17 CFR 240.19b–4(e)(2). 2 17 CFR 240.19b–4. Federal Register / Vol. 64, No. 20 / Monday, February 1, 1999 / Notices 4917

Commission (‘‘SEC’’ or ‘‘Commission’’) difficulty in maintaining positive equity overlying options series. Under these a proposal to amend CBOE Rule 12.3, in its account.7 circumstances, Interpretation and Policy ‘‘Margin Requirements’’ by adopting Notice of the proposed rule change .06 will permit the clearing broker to Interpretation and Policy .06, which and Amendment No. 1 to the proposed recalculate the value of the options will allow a clearing broker to adjust the rule change was published for comment position in the market maker’s account equity in the account of a market maker in the Federal Register on May 28, to reflect the movement in the price of whose net liquidating equity is in deficit 1998.8 The Commission received no the underlying stock. and permit the clearing broker to extend comments regarding the proposal. This According to the CBOE, the closing credit for opening transactions. notice and order solicits comments on price for a stock may be disseminated Specifically, Interpretation and Policy Amendment No. 2 to the proposal from after 3:02 p.m. when news announced .06 will allow a clearing broker to adjust interested persons and approves the near the close of trading results in heavy the equity in the account of a market proposed rule change, as amended. trading in the stock and a late trade maker whose account is in deficit II. Description of the Proposal tape. Under these circumstances, the because the dissemination of the last last sale price for the stock may sale price of a stock after the options CBOE Rule 12.3(f)(3)(C)(3) prohibits a incorporate information that is not close at 3:02 p.m.3 has resulted in a clearing firm from extending credit to a reflected in the closing price for the discrepancy between the last sale price market maker for opening transactions overlying options. As a result, the of the stock and the closing quotes and when the market maker’s account fails closing price of the underlying stock last sale price of the overlying options to maintain positive net liquidating 9 may be out of line with the closing series. Under these circumstances, equity. In addition, Exchange Act Rule quotes and last sale price of the Interpretation and Policy .06 will permit 15c3–1(c)(2)(x)(D) prohibits a clearing overlying options series.12 broker from extending credit to a the clearing broker to recalculate the The discrepancy between the closing specialist whose market maker account value of the options position in the prices of the underlying stock and the is in deficit and would require the market maker’s account to reflect the overlying options series may result in clearing broker to take steps to liquidate movement in the price of the underlying deficit equity in the account of an existing positions in the market maker stock. options market maker.13 As noted account.10 The Commission has taken a On May 7, 1998, the CBOE filed above, CBOE Rule 12.3(f)(3)(C)(3) 4 no-action position with regard to the Amendment No. 1 to the proposal. On requires a clearing broker to request application of Exchange Act Rule 15c3– August 18, 1998, the CBOE filed additional equity on any business day 5 1(c)(2)(x)(D) under the circumstances Amendment No. 2 to the proposal. In when a market maker does not maintain described in the proposal.11 Amendment No. 2, the CBOE indicated positive net liquidating equity and The CBOE proposes to add that without the adjustment permitted prohibits a clearing broker from Interpretation and Policy .06 to CBOE under the proposal, Exchange Act Rule extending additional credit to a market Rule 12.3 to permit a clearing broker to 15c3–1 would prohibit a clearing firm maker when the market maker’s account adjust the equity in the account of a from extending credit to a market maker is in deficit. Interpretation and Policy market maker whose net liquidating whose account is in deficit and would .06 will permit a clearing broker to equity is in deficit and allow the require the clearing firm to take steps to adjust the market maker’s equity when clearing broker to extend credit for liquidate the positions in the market the late dissemination of the closing 6 opening transactions. Specifically, maker’s account. In addition, the CBOE price for a stock results in a discrepancy represented that the Exchange would Interpretation and Policy .06 will allow between the closing price of the stock ascertain at the end of the business day a clearing broker to adjust the equity in and the closing quotes and last sale following the adjustment whether any the account of a market maker whose price of the overlying options.14 If the market maker whose equity was account is in deficit because the adjustment eliminates the deficit in the adjusted pursuant to Interpretation and dissemination of the last sale price of a market maker’s account, the clearing Policy .06 continued to experience stock after the options close at 3:02 p.m. has resulted in a discrepancy between broker may extend credit to the market maker for opening transactions. 3 All time references are in Central Time. the last sale price of the stock and the 4 See Letter from Timothy H. Thompson, Director, closing quotes and last sale price of the Regulatory Affairs, Legal Department, CBOE, to 12 In 1997, the CBOE and the other options Yvonne Fraticelli, Division of Market Regulation exchanges changed the closing time for trading 7 (‘‘Division’’), Commission, dated May 6, 1998 See Amendment No. 2, supra note 5. equity options and certain narrow-based index (‘‘Amendment No. 1’’). Amendment No. 1 made 8 See Securities Exchange Act Release No. 40015 options from 3:10 p.m. to 3:02 p.m. See e.g., technical revisions to the proposal, deleted an (May 20, 1998), 63 FR 29274. Securities Exchange Act Release No. 38543 (May incorrect reference to Regulation X of the Board of 9 Specifically, CBOE Rule 12.3(f)(3)(C)(3) states 14, 1997), 62 FR 28082 (May 22, 1997) (order Governors of the Federal Reserve System, and that on any day when a market maker does not approving File No. SR–CBOE–96–71). According to explained the circumstances under which it might maintain positive net liquidating equity is his or her the CBOE, this pricing discrepancy rarely arose be necessary for a clearing broker to adjust a market account(s), the carrying member must request when the options markets closed at 3:10 p.m. maker’s account equity. additional equity at least equal to the deficit and because final stock prices generally were 5 See Letter from Timothy H. Thompson, Director, may not extend further credit in the account(s) until disseminated by the time the options markets Regulatory Affairs, Legal Department, CBOE, to the account(s) maintains a positive net liquidating closed, thereby allowing options market makers to Yvonne Fraticelli, Division, Commission, dated equity. If the market maker fails to meet the call for adjust their quotes to reflect the last sale price of August 18, 1998 (‘‘Amendment No. 2’’). additional equity, the carrying member should the underlying stock. 6 Subsequent to the filing of this proposal, the promptly take steps to liquidate the positions in the 13 According to the CBOE, this deficit equity Division has granted the CBOE’s request for a no- account(s). condition may occur even though the market maker action position with regard to the application of 10 Specifically, Exchange Act Rule 15c3– is hedged in terms of market risk. SEC Rule 15c3–1(c)(2)(x)(D) under the 1(c)(2)(x)(D) prohibits a broker or dealer 14 To adjust the market maker’s equity, the circumstances described in the proposal. See Letter guaranteeing, endorsing, or carrying listed options clearing broker will recalculate the value of the from Michael A. Macchiaroli, Associate Director, transactions in a specialist’s market maker account options position to reflect the price movement of Division, Commission, to Richard Lewandowski, from extending any further credit if at any time the underlying stock. In recalculating the value of Vice President, Department of Financial and Sales there is a liquidating deficit in the account. Among the options position, the clearing broker will use Practice Compliance, Regulatory Division, CBOE, other things, the broker or dealer also must take the same methodology as that used by the Options dated January 19, 1999 (‘‘January 19 Letter’’). The steps to liquidate promptly existing positions in the Clearing Corporation to reprice the options CBOE’s request for no-action relief and the account. assuming different prices for the underlying Division’s response are attached as Exhibit A. 11 See January 19 Letter, supra note 6. securities. See January 19 Letter, supra note 6. 4918 Federal Register / Vol. 64, No. 20 / Monday, February 1, 1999 / Notices

Interpretation and Policy .06 requires maker’s account to call for additional adjustment to a market maker’s equity the clearing broker to document any equity on any business day on which prior to the next day’s opening, or at adjustment to a market maker’s equity the market maker’s account fails to least before the firm may extend credit and file it with the CBOE’s Department maintain positive net liquidating equity. for opening transactions. Accordingly, of Financial and Sales Practice In addition, that rule prohibits a the CBOE must approve the adjustment Compliance (‘‘Department’’). The clearing broker from extending before a clearing broker may finance clearing broker should file the additional credit to a market maker opening transactions. The clearing adjustment with the Department before whose account does not maintain broker and the CBOE must retain all the next day’s opening, but in any case positive net liquidating equity and information regarding the adjustments. before the clearing broker extends credit requires the clearing broker to take steps In additions, at the end of the business to the market maker for opening to liquidate the market maker’s account day following the adjustment, the CBOE transactions. The Department must if the market maker fails to satisfy the will determine whether any market approve any adjustment before the clearing broker’s call for additional maker whose account was adjusted clearing broker may finance opening equity. Interpretation and Policy .06 pursuant to Interpretation and Policy trades. All information regarding the will allow a clearing broker to adjust the .06 continues to experience difficulty in adjustments must be retained by the equity in the account of a market maker maintaining positive equity in its clearing broker and by the CBOE. In whose account is in deficit because the account.20 If the market maker fails to addition, the CBOE will ascertain at the last sale price of a stock is disseminated maintain positive equity in its account end of the business day following the after the overlying options cease trading at the end of the business day following adjustment whether any market maker at 3:03 p.m., resulting in a discrepancy the adjustment, the requirements of whose equity was adjusted pursuant to between the last sale price of a stock Exchange Act Rule 15c3–1(c)(2)(x)(D) Interpretation and Policy .06 continues and the closing quotations and last sale and CBOE Rule 12.3(f)(3)(C)(3), which to experience difficulty in maintaining price of the overlying options. The would prohibit the clearing broker from positive equity in his or her account.15 adjustments will permit the clearing extending additional credit to the If a market maker fails to maintain broker to extend credit to the market market maker and require the positive equity in its account at the end maker for opening transactions. liquidation of positions in the market of the business day following the The Commission believes that it is maker’s account, will apply to the adjustment, the requirements of appropriate for the CBOE to adopt account.21 These procedures should Exchange Act Rule 15c3–1(c)(2)(x)(D) Interpretation and Policy .06. In this help to ensure that CBOE market makers and CBOE Rule 12.3(f)(3)(C)(3) will regard, the Commission notes that experiencing financial difficulties are apply to the account.16 The CBOE Interpretation and Policy .06 will allow monitored closely and are not permitted estimates that the pricing discrepancy a clearing broker to adjust the equity of to continue to obtain credit from described in Interpretation and Policy a market maker whose account is in clearing firms if their financial .06 occurs, on average, approximately deficit only in the limited circumstances difficulties appear to be chronic. once each quarter.17 described in Interpretation and Policy Finally, the Commission notes that .06, i.e., when a market maker’s account the adjustment permitted under III. Discussion liquidates to a deficit because the last Interpretation and Policy .06 should The Commission finds that the sale price of a stock is disseminated occur infrequently. In this regard, the proposed rule change is consistent with after the overlying options cease trading CBOE has estimated that the pricing the requirements of the Act and the and the late dissemination of the closing discrepancy described in Interpretation rules and regulations thereunder stock price results in a discrepancy and Policy .06 occurs, on average, applicable to a national securities between the closing stock price and the approximately once each quarter.22 The exchange, and, in particular, with the closing quotations and last sale price of Commission expects that should this requirements of section 6(b) of the the overlying options. In such narrow issue arise more frequently than the Act.18 Specifically, the Commission instances, the adjusted equity should average in two consecutive quarters that finds that the proposal is consistent provide a more accurate picture of the the CBOE will advise the Commission with the Section 6(b)(5) requirements market maker’s financial condition than staff and consider whether the that the rules of an exchange be would be provided by using last sale adjustment should be discontinued or designed to remove impediments to and numbers for the options in the market limited. perfect the mechanism of a free and maker’s account (at last with respect to The Commission finds good cause for open market and a national market those options). By allowing the clearing approving Amendment No. 2 to the system, and, in general, to protect broker to extend credit for opening proposed rule change prior to the investors and the public interest.19 transactions under these limited thirtieth day after the date of CBOE Rule 12.3(f)(3)(C)(3) requires a circumstances, Interpretation and Policy publication of notice of filing of the clearing broker carrying a market .06 will permit the market maker to amendment in the Federal Register. As continue to operate with CBOE discussed above, Amendment No. 2 15 See Amendment No. 2, supra note 5. 12.3(f)(3)(C)(3) otherwise would require clarifies the CBOE’s reasons for 16 Telephone conversation among Timothy H. the clearing broker to take steps to adopting Interpretation and Policy .06 Thompson, Director, Regulatory Affairs, Legal liquidate the positions in the market and indicates that the CBOE will Department, CBOE, Richard Lewandowski, Vice maker’s account unless the market determine at the end of the business day President, Department of Financial and Sales Practice Compliance, Regulatory Division, CBOE, maker provided additional equity. following an adjustment whether a and Yvonne Fraticelli, Special Counsel, Division, The Commission notes that the market maker whose account equity was Commission, on January 20, 1999 (‘‘January 20 proposal contains several safeguards adjusted pursuant to Interpretation and Conversation’’). that should help to ensure appropriate Policy .06 continues to experience 17 See January 20 Conversation, supra note 16. use of the extension of credit permitted difficulties in maintaining positive 18 15 U.S.C. 78f(b). under Interpretation and Policy .06. 19 In approving the rule, the Commission has considered the proposed rule’s impact on Specifically, Interpretation and Policy 20 See Amendment No., supra note 5. efficiency, competition, and capital formation. 15 .06 requires a clearing broker to 21 See January 20 Conversation, supra note 16. U.S.C. 78c(f). document and file with the CBOE any 22 See January 20 Conservation, supra note 16. Federal Register / Vol. 64, No. 20 / Monday, February 1, 1999 / Notices 4919 equity in its account. The Amendment Act’’) (17 CFR 240.15c3–1), be permitted to Recalculation of the closing price would be does not raise new regulatory issues. adjust the value of options positions to reflect done by the carrying broker-dealer using in Accordingly, the Commission believes it substantial price movements of the the same methodology as that used by the is consistent with sections 6(b)(5) and underlying common stock when closing price Options Clearing Corporation to reprice options assuming different prices for the 19(b)(2) of the Act to approve information for the common stock is reported after closing quotations for the options series underlying securities. You believe that it is Amendment No. 2 to the proposed rule are established. unduly harsh to use a closing price for the change on an accelerated basis. Based on your letter and subsequent option which does not reflect the strong IV. Solicitation of Comments discussions with the staff of the Division of market movement of the underlying stop Market Regulation (‘‘Division’’), I understand when there was a reporting delay in that Interested persons are invited to the following facts to be pertinent to your price. submit written data, views, and request. A specialist in listed options on The Based upon the facts set forth above, the arguments concerning Amendment No. Chicago Board Options Exchange (‘‘CBOE’’ or Division will not recommend enforcement 2, including whether Amendment No. 2 ‘‘Exchange’’) maintains in a market-maker action to the Securities and Exchange is consistent with the Act. Persons account, carried by a broker-dealer, positions Commission (‘‘Commission’’) if, for the making written submissions should file in listed equity options and common stock purpose of determining whether a net underlying those options. In certain liquidating deficit exists in a specialist six copies thereof with the Secretary, market-maker account under Rule 15c3– Securities and Exchange Commission, situations, last sale information for the common stock is reported after closing (c)(2)(x)(D) a broker-dealer carrying market- 450 Fifth Street, NW, Washington, DC quotations and last sale information for the maker accounts for listed options specialists 20549. Copies of the submission, all options series overlying the common stock adjusts the value of options positions in the subsequent amendments, all written are established.1 In these situations, the specialist market-maker account, long or statements with respect to the proposed closing price of the common stock may not short, to reflect substantial price movement rule change that are filed with the be reflected in the closing quotation of the underlying common stock when the Commission, and all written information for the options series. Because of closing price of the common stock is reported communications relating to the the discrepancy between the last sale price of after closing prices for the options series are established and a liquidating deficit results. proposed rule change between the the underlying common stock and the closing quotations of the options series, the net Any broker-dealer adjusting equity in a Commission and any person, other than specialist market-maker account must those that may be withheld from the liquidating equity in the specialist’s market- maker account may be valued at a liquidating provide documentation to the Exchange for public in accordance with the deficit. such adjustments before the opening of provisions of 5 U.S.C. 552, will be Pursuant to Rule 15c3–1(c)(2)(x)(D), a trading the next business day (or before the available for inspection and copying in broker-dealer guaranteeing, endorsing, or broker-dealer may extend credit for opening the Commission’s Public Reference carrying listed options transactions in a transactions). In situations where the deficit Room. Copies of such filing will also be specialist market-maker account is prohibited is eliminated by the adjustment and the from extending any further credit if at any adjustment is approved by the Exchange’s available for inspection and copying at Department of Financial and Sales Practice the principal office of the CBOE. All time there is a liquidating deficit in the account. The broker-dealer is also required to Compliance, the specialist will be permitted submissions should refer to File No. to continue trading. SR–CBOE–98–11 and should be take steps to liquidate promptly existing positions in the account and to transmit You should be aware that this is a staff position with respect to enforcement only submitted by February 20, 1999. telegraphic facsimile notice of the deficit and and does not purport to express any legal its amount by the close of business of the V. Conclusion conclusions. This position is based solely on following business day to its Designated the foregoing description. Factual variations It is Therefore Ordered, pursuant to Examining Authority and the Designated could warrant a different response, and any Section 19(b)(2) of the Act,23 that the Examining Authority of the specialist, if material change in the facts must be brought proposed rule change (File No. SR– different from its own. The broker-dealer, to the Division’s attention. This position may upon approval by the broker-dealer’s CBOE–98–11), as amended, is approved. be withdrawn or modified if the staff Designated Examining Authority, is For the Commission, by the Division of determines that such action is necessary for Market Regulation, pursuant to delegated permitted to enter into hedging positions in 24 the protection of investors, in the public authority. the specialist’s market-maker account interest, or otherwise in furtherance of the Margaret H. McFarland, Rule 15c3–1(c)(2)(x)(B)(2) provides the purposes of the securities laws. Deputy Secretary. formula for computing equity in market- Sincerely, maker accounts for listed option specialists. Exhibit A Broker-dealers carrying accounts of listed Michael A. Macchiaroli, January 19, 1999. options specialists must (i) mark all Associate Director. securities positions long or short in the Mr. Richard Lewandowski, January 11, 1999. Vice President, account to their respective current market Mr. Michael Macchiaroli, Department of Financial and Sales Practice values; (ii) add (deduct in the case of a debit Associate Director, Division of Market Compliance, balance) the credit balance carried in such Regulation, Securities and Exchange Regulatory Division, specialist’s market-maker account; and (iii) Commission, 450 Fifth Street, N.W., The Chicago Board Options Exchange, add (deduct in the case of short positions) the Washington, DC 20549. market value of positions long in such 400 South LaSalle Street, Re: Adjustment of Closing Option Prices for account. Chicago, Illinois 60605. Purposes of Calculating Equity in Re: Computation of Equity by Broker-Dealers Accounts of Options Market-Makers 1 Carrying Market-Maker Accounts of CBOE Rule 6.1 Interpretation .01 permits transactions in options on individual stocks to be Dear Mr. Macchiaroli: Often, a situation Listed Options Specialists effect on the Exchange until two minutes after the arises wherein, due to heavy volume just Dear Mr. Lewandowski: This is in response normal time set for the close of trading of the prior to the close of trading, last sale to your letter dated January 11, 1999, in underlying stock on its primary exchange. See File information for transactions in a common which you request that broker-dealers, in No. SR–CBOE–96–71 approved in Securities stock will continue to be reported past the computing equity in specialist market-maker Exchange Act Release No. 34–38543 (May 14, 1997), time that trading in listed options on the accounts for purposes of Rule 15c3–1 of the 62 FR 28082 (May 22, 1997). CBOE has discovered common stock has ceased. When this occurs, Securities Exchange Act of 1934 (‘‘Exchange that when news of a stock underlying a CBOE option is disseminated near the close, heavy trading the closing price established for the options often results in dissemination of last sale is not adjusted to reflect the actual last sale 23 15 U.S.C. 78s(b)(2). information for the common stock well after the price for the stock. The closing option prices 24 17 CFR 200.30–3(a)(12). overlying options stop trading. are used to calculate equity in the accounts 4920 Federal Register / Vol. 64, No. 20 / Monday, February 1, 1999 / Notices of options market-makers. If the equity in a Mary Bender—CBOE multiple insurance product distribution market-maker’s account calculates to a deficit Douglas Beck—CBOE channels such as insurance agencies, in this situation, adjusting the closing option Timothy Thompson—CBOE broker-dealers, and other trading prices to reflect the underlying stock’s true [FR Doc. 99–2298 Filed 1–29–99; 8:45 am] last sale price and recalculating the equity partners (collectively, ‘‘distributors’’) to BILLING CODE 8010±01±M can alleviate a deficit situation in many transmit to insurance carriers instances. This can allow the market-maker information with respect to an initial to continue trading whereas in the deficit annuity application and premium SECURITIES AND EXCHANGE situation, further market-making activity is transfers on the sale of an annuity and COMMISSION prohibited. subsequent annuity activity, as well as Market-makers on the Chicago Board [Release No. 34±40975; File No. SR±NSCC± Options Exchange are generally not self- the related money settlement between 98±16] clearing. They maintain market-maker the distributors and insurance carriers. In addition, insurance carriers can accounts with other broker-dealer firms that Self-Regulatory Organizations; specialize in clearing and carrying such transmit to distributors a financial National Securities Clearing accounts. If the equity in the account of an activity report (‘‘FAR’’) that provides Corporation; Notice of Filing and options market-maker calculates to a deficit, information relating to events and Immediate Effectiveness of Proposed Rule 15c3–1(c)(2)(x)(D) of the Securities and transactions occurring with respect to Exchange Act of 1934 prohibits the clearing Rule Change Relating to Fees broker-dealer from extending any further existing annuity contracts that have credit to the market-maker account. The January 25, 1999. been issued by the insurance carriers. clearing broker-dealer must promptly Pursuant to Section 19(b)(1) of the Currently, no fees are being charged to liquidate existing positions in the account. Securities Exchange Act of 1934 users of these new APS services. With Although, the clearing broker-dealer may, (‘‘Act’’),1 notice is hereby given that on respect to use of these services on or upon approval of its Designated Examining December 28, 1998, National Securities Authority, itself effect or allow the market- after January 1, 1999, NSCC will charge maker to effect, opening hedging transactions Clearing Corporation (‘‘NSCC’’) filed its members as follows. NSCC will in the options market-maker’s account. The with the Securities and Exchange charge members that submit or receive clearing broker-dealer is also required to send Commission (‘‘Commission’’) the information relating to the initial telegraphic or facsimile notice of a deficit proposed rule change as described in application or premium transfer a fee of and its amount to its Designated Examining Items I, II, and III below, which Items Authority and the market-maker’s Designated $7.50 for each submission or receipt. have been prepared primarily by NSCC. NSCC will charge members that submit Examining Authority, if different, by the The Commission is publishing this close of business of the following business or receive information on subsequent day. notice to solicit comments on the annuity activity a fee of $0.50 for each proposed rule change from interested Equity in an options market-maker’s such transaction. NSCC will charge persons. account is calculated pursuant to a formula members that submit or receive a FAR found in Rule 15c3–1(c)(2)(x)(B)(2) of the Securities and Exchange Act of 1934. In I. Self-Regulatory Organization’s a fee of $0.50 for each FAR transmitted 4 calculating equity in an options market- Statement of the Terms of Substance of or received. maker’s account, all securities positions are the Proposed Rule Change NSCC believes that the proposed rule marked to their current market value. Equity The proposed rule change modifies change is consistent with the is equal to the market value of all long NSCC’s fee schedule with regard to its requirements of the Act and the rules positions, less the market value of all short positions, plus the credit (or minus the debit) Annuities Processing Service (‘‘APS’’). and regulations thereunder because it provides for the equitable allocation of balance in the account. II. Self-Regulatory Organization’s dues, fees, and other charges among The Exchange requests that the Division of Statement of the Purpose of, and Market Regulation not recommend NSCC’s participants. enforcement action to the Securities and Statutory Basis for, the Proposed Rule Exchange Commission if broker-dealers Change (B) Self-Regulatory Organization’s clearing and carrying the accounts of options In its filing with the Commission, Statement on Burden on Competition market-makers adjust the equity value of the NSCC included statements concerning NSCC does not believe that the market-maker’s option positions to reflect a the purpose of and basis for the substantial move in the price of the proposed rule change will impact or proposed rule change. The text of these underlying stock when the closing price of impose a burden on competition. the stock is reported after closing quotations statements may be examined at the for the options are established and a places specified in Item IV below. NSCC (C) Self-Regulatory Organization’s liquidating deficit results. Any broker-dealer has prepared summaries, set forth in Statement on Comments on the adjusting equity in a market-maker’s account sections (A), (B), and (C) below, of the Proposed Rule Change Received From under these circumstances would be required most significant aspects of such Members, Participants or Others to provide documentation to the Exchange’s statements.2 Department of Financial and Sales Practice No written comments have been Compliance for such adjustments before the (A) Self-Regulatory Organization’s opening of trading the next business day or solicited or received. NSCC will notify Statement of the Purpose of, and the Commission of any written before extending further credit to the market- Statutory Basis for, the Proposed Rule maker for opening transactions. If the comments received by NSCC. Exchange approves the adjustments and the Change adjustments eliminate the deficit, the market- On December 16, 1998, the NSCC–98–07]. See also Securities Exchange Act maker will be permitted to continue trading. Commission approved a proposed rule Release No. 39096 (September 19, 1997), 62 FR The Exchange greatly appreciates the change that allowed NSCC to implement 50416 [File No. SR–NSCC–96–21] (order approving attention you and your staff have given to phase two of APS.3 Phase two enables the establishment of APS and the implementation this matter. Please feel free to contact me of phase one of APS). For a more detailed should you have any questions or require description of APS, refer to the foregoing releases. 1 further information. 15 U.S.C. 78s(b)(1). 4 The text of the proposed amendments to NSCC’s 2 Sincerely, The Commission has modified the text of the fee schedule is attached as an exhibit to NSCC’s summaries prepared by NSCC. filing, which is available for inspection and copying Richard Lewandowski. 3 Securities Exchange Act Release No. 40799 in the Commission’s Public Reference Room and cc: (December 16, 1998), 63 FR 71175 [File No. SR– through NSCC. Federal Register / Vol. 64, No. 20 / Monday, February 1, 1999 / Notices 4921

III. Date of Effectiveness of the SECURITIES AND EXCHANGE handled by the specialist. The Phlx Proposed Rule Change and Timing for COMMISSION proposed to increase the maximum Commission Action order size eligible for AUTO–X from 50 [Release No. 34±40963; File No. SR±Phlx± to 100 contracts. The foregoing rule change has become 98±42] effective pursuant to Section III. Discussion Self-Regulatory Organizations; 19(b)(3)(A)(ii) of the Act 5 and pursuant After careful review, the Commission Philadelphia Stock Exchange, Inc.; 6 finds that the proposed rule change is to Rule 19b–4 (e)(2) thereunder Order Approving Proposed Rule because the proposal establishes or consistent with the requirements of the Change Increasing Maximum OTX Act and the rules and regulations changes a due, fee, or other charge AUTO±X Order Size Eligibility imposed by NSCC. At any time within thereunder applicable to a national 5 sixty days of the filing of the proposed January 22, 1999. securities exchange. The Commission rule change, the Commission may believes the proposal is consistent with I. Introduction the requirements of Sections 6 and 11A summarily abrogate such rule change if of the Act 6 in general, and in particular, it appears to the Commission that such On October 6, 1998, the Philadelphia with Sections 6(b)(5) and 11A(a)(1)(C)(i) action is necessary or appropriate in the Stock Exchange, Inc. (‘‘Phlx’’ or ‘‘Exchange’’) submitted to the Securities of the Act.7 The Commission notes that public interest, for the protection of the development and implementation to investors, or otherwise in furtherance of and Exchange Commission (‘‘Commission’’ or ‘‘SEC’’), pursuant to date of the AUTOM system has the purposes of the Act. Section 19(b)(1) of the Securities provided for more efficient handling IV. Solicitation of Comments Exchange Act of 1934 (‘‘Act’’) 1 and Rule and reporting or orders in PHLX equity 19b–4 thereunder,2 a proposed rule and index options through the use of Interested persons are invited to change to amend Phlx Rule 1080 new data processing and submit written data, views, and increasing to 100 contracts the communications techniques, thereby arguments concerning the foregoing, maximum order size for eligibility for improving order processing and including whether the proposed rule public customer market and marketable turnaround time. At this time, the change is consistent with the Act. limit orders for OTC Prime Index Commission consents to extending the Persons making written submissions (‘‘OTX’’) options contracts to be benefits available through the use of an should file six copies thereof with the executed on AUTO–X, the automatic automated system to larger-size Secretary, Securities and Exchange execution feature of the Phlx’s customer OTX options orders of up to 100 contracts. Commission, 450 Fifth Street, NW, Automated Options Market (‘‘AUTOM’’) system. Notice of the proposed rule Public customers may benefit from Washington, DC 20549. Copies of the the proposal because public customer change appeared in the Federal Register submission, all subsequent orders for up to 100 OTX option on December 23, 1998.3 The amendments, all written statements contracts may be executed automatically Commission received no comments on with respect to the proposed rule and guaranteed by the specialist at the the proposal. This order approves the change that are filed with the displayed market quote. Additionally, proposed rule change. Commission, and all written public customers will have the benefit communications relating to the II. Description of the Proposal of receiving immediate executions and proposed rule change between the The Exchange proposed to amend nearly instantaneous confirmations for Commission and any person, other than Phlx Rule 1080 to increase the orders of up to 100 contracts. The Commission also believes, based on those that may be withheld from the maximum order size for eligibility for representations by the Exchange, that public in accordance with the public customer market and marketable expanding the order eligibility size of provisions of 5 U.S.C. 552, will be limit orders for OTC 4 options contracts OTX AUTO–X options to 100 contracts available for inspection and copying in to be executed on AUTO–X. AUTO–X is will not expose the Phlx’s AUTOM the Commission’s Public Reference the automatic execution feature of system to risk of failure or operational Section, 450 Fifth Street, NW, AUTOM, the Phlx’s electronic order break-down. The Commission believes Washington, DC 20549. Copies of such routing, delivery, and reporting system that the proposed rule change is filing also will be available for for options. Orders are routed from consistent with section 6(b)(5) of the inspection and copying at the principal member firms directly to the Act, in that it is designed to promote office of NSCC. All submissions should appropriate specialist on the Phlx’s just and equitable principles of trade refer to File No. SR–NSCC–98–16 and trading floor. Certain orders are eligible and to facilitate transactions in should be submitted by February 22, for AUTOM’s automatic execution securities, as well as to protect investors 1999. feature, AUTO–X. These AUTO–X and the public interest, by extending the orders are automatically executed at the For the Commission by the Division of benefits of AUTO–X to a larger number Market Regulation, pursuant to delegated disseminated quotation price on the of customer orders. Further, the authority.7 Exchange and reported to the proposal is consistent with Section originating firm. Those orders not 11A(a)(1)(C)(i) of the Act because Margaret H. McFarland, eligible for AUTO–X are manually Deputy Secretary. increasing the maximum OTX option order size eligible for automatic [FR Doc. 99–2299 Filed 1–29–99; 8:45 am] 1 15 U.S.C. 78s(b)(1). 2 execution should provide for more BILLING CODE 8010±01±M 17 CFR 240.19b–4. 3 See Securities Exchange Act Release No. 40802 efficient handling and reporting of (December 17, 1998), 63 FR 71183 (December 23, 1998). 5 In approving this rule, the Commission has 4 The OTC Prime Index is composed of the fifteen considered the proposed rule’s impact on stocks which had the largest trading volume on the efficiency, competition, and capital formation. 15 5 15 U.S.C. 78s(b)(3)(A)(ii). Nasdaq during the preceding year. See Securities U.S.C. 78c(f). 6 17 CFR 240.19b–4(e)(2). Exchange Act Release No. 40058 (June 2, 1998), 63 6 15 U.S.C. 78f and 78k–1. 7 17 CFR 200.30–3(a)(12). FR 31543 (June 9, 1998). 7 15 U.S.C. 78f(b)(5) and 78k–1(a)(1)(C)(i). 4922 Federal Register / Vol. 64, No. 20 / Monday, February 1, 1999 / Notices orders, thereby promoting the broker-dealer or an associated person of and coordination with persons engaged economically efficient execution of a broker-dealer has any direct or in regulating, clearing, settling, transactions. indirect interest. In 1995, however, the processing information with respect to, It is therefore ordered, pursuant to Commission approved the Exchange’s and facilitating transactions in Section 19(b)(2) of the Act, that the proposal to route Phlx member and non- securities. Moreover, the Commission proposed rule change (SR–PHLX–98– member broker-dealer orders for TPX believes that the proposal is consistent 42) is approved. options through AUTOM.5 The Phlx with section 11A(a)(1)(C)(i) of the Act,11 For the Commission, by the Division of limits AUTOM routed public customer stating Congress’s finding that it is in Market Regulation, pursuant to delegated and broker-dealer TPX orders to 500 the public interest and appropriate for authority. contracts.6 Currently, when a broker- the protection of investors and the Margaret H. McFarland, dealer TPX order is entered into maintenance of fair and orderly markets Deputy Secretary. AUTOM, the order is executed to assure economically efficient manually by the specialist. execution of securities transactions. [FR Doc. 99–2249 Filed 1–29–99; 8:45 am] AUTO–X is a feature of AUTOM that The Commission believes that BILLING CODE 8010±01±M automatically executes public customer allowing broker-dealers to use AUTO–X orders. AUTO–X currently is limited to for TPX options orders may facilitate the public customer orders. AUTO–X orders efficient handling and reporting of SECURITIES AND EXCHANGE are executed automatically at the broker-dealer orders in TPX options, COMMISSION disseminated quotation price on the thereby improving TPX order processing [Release No. 34±40970; File No. SR±Phlx± Exchange and reported to the and turnaround time. In addition, by 98±44] originating firm. Presently, public providing prompt execution for broker- customer orders for up to 50 contracts dealer TPX orders, the proposal may Self-Regulatory Organizations; Order can be automatically executed through help to attract broker-dealer TPX orders, Approving Proposed Rule Change by AUTO–X.7 and thus help to improve the depth and the Philadelphia Stock Exchange, Inc. The Phlx seeks to amend Rule 1080 to liquidity of the market for TPX options. to Amend Exchange Rule 1080 To allow broker-dealer orders for TPX The Phlx has represented to the Permit Automatic Execution of U.S. options contracts to be automatically Commission that the Exchange Top 100 Index Options Orders for the executed through AUTO–X. In making anticipates that its systems are capable Accounts of Broker-Dealers this change, the Phlx will still limit the of processing potential resulting size of orders that can be automatically increased order flow through the January 25, 1999. executed through AUTO–X to 50 AUTO–X system and that public I. Introduction contracts. The Phlx believes that the customer TPX orders will continue to be On October 20, 1998, the Philadelphia change will help attract more broker- executed efficiently through the AUTO– 12 Stock Exchange, Inc. (‘‘Phlx’’ or dealer orders in TPX options. According X system. According to the Exchange, ‘‘Exchange’’) filed with the Securities to the Phlx, TPX options appeal more to TPX options appeal more to broker- and Exchange Commission broker-dealers because these options are dealers because these options are high- 8 13 (‘‘Commission’’) a proposed rule change high-priced. Further, the Phlx believes priced relative to other options. The pursuant to Section 19(b)(1) of the that permitting broker-dealer TPX Commission believes that it is Securities Exchange Act of 1934 orders to be executed via AUTO–X will reasonable for the Phlx to allow (‘‘Act’’),1 and Rule 19b–4 thereunder.2 allow broker-dealers to benefit from automatic execution of broker-dealer In its proposal, the Phlx seeks to allow prompt and efficient automatic orders in TPX option contracts as long automatic execution of broker-dealer execution and reporting. as retail customers are not adversely affected. The Commission anticipates orders in U.S. Top 100 Index (‘‘TPX’’) III. Discussion that the Exchange will monitor its options through the Phlx’s AUTO–X The Commission finds that the system. Notice of the proposal was AUTO–X system in light of the addition proposed rule change is consistent with of broker-dealer TPX orders and will published in the Federal Register on the requirements of the Act and the November 23, 1998.3 The Commission implement necessary systems rules and regulations thereunder enhancement should they be necessary received no comments on the proposal. applicable to a national securities This order approves the proposal. to accommodate any increase in volume exchange, and, in particular, the resulting from this proposal. II. Description of the Proposal requirements of sections 6 and 11A.9 Specifically, the Commission believes IV. Conclusion AUTOM is Phlx’s electronic order that the proposal is consistent with It is therefore ordered, pursuant to routing system for options orders. Until section 6(b)(5) of the Act,10 which Section 19(b)(2) of the Act,14 that the 1995, only public customer orders were requires that the rules of an Exchange be proposed rule change (SR–Phlx–98–44) eligible for routing through AUTOM.4 designed to promote just and equitable is approved. For purposes of AUTOM eligibility, principles of trade, foster cooperation For the Commission, by the Division of public customer orders do not include Market Regulation, pursuant to delegated any order entered for the account of a 5 Pursuant to Phlx Rule 1080(b)(i), with the authority.15 broker-dealer or any account in which a exception of orders for TPX options contracts, Margaret H. McFarland, broker-dealer orders are not eligible for AUTOM. Deputy Secretary. 1 15 U.S.C. 78s(b)(1). 6 Phlx Rule 1080(b)(ii). [FR Doc. 99–2300 Filed 1–29–99; 8:45 am] 2 17 CFR 240.19b–4. 7 Phlx Rule 1080(c). 3 See Securities Exchange Act Release No. 40681 8 See letter from Richard Rudolph, Counsel, Phlx, BILLING CODE 8010±01±M (Nov. 16, 1998), 63 FR 64751 (File No. SR–Phlx– to Joe Corcoran, Attorney, Division of Market 98–44). Regulation, Commission, dated December 22, 1998 11 15 U.S.C. 78k–1(a)(1)(C)(i). 4 See Securities Exchange Act Release No. 36429 (‘‘Phlx Letter’’). According to the Phlx, the average 12 See Phlx Letter, supra note 8. price for a TPX option contract during the third (Oct. 27, 1995), 60 FR 55874 (Nov. 3, 1995) (File 13 Id. No. SR–Phlx–95–35) (order approving the Phlx’s quarter of 1998 was $4,165.62. proposal seeking to route broker-dealer TPX options 9 15 U.S.C. 78f and 78k–1. 14 15 U.S.C. 78s(b)(2). orders through AUTOM). 10 15 U.S.C. 78f(b)(5). 15 17 CFR 200.30–3(a)(12). Federal Register / Vol. 64, No. 20 / Monday, February 1, 1999 / Notices 4923

SMALL BUSINESS ADMINISTRATION SUMMARY: In accordance with 20 CFR for an individual to receive a notice in 402.35(b)(2), the Commissioner of Social order to request application of an Data Collection Available for Public Security gives notice of Social Security Acquiescence Ruling to their claim. Comments and Recommendations Acquiescence Ruling 99-1(2). If this Social Security Acquiescence Ruling is later rescinded as obsolete, we ACTION: Notice and request for EFFECTIVE DATE: February 1, 1999. will publish a notice in the Federal comments. FOR FURTHER INFORMATION CONTACT: Gary Sargent, Litigation Staff, Social Register to that effect as provided for in SUMMARY: In accordance with the Security Administration, 6401 Security 20 CFR 416.1485(e). If we decide to Paperwork Reduction Act of 1995, this Boulevard, Baltimore, MD 21235, (410) relitigate the issue covered by this notice announces the Small Business 965-1695. Social Security Acquiescence Ruling as Administration’s intentions to request SUPPLEMENTARY INFORMATION: Although provided for by 20 CFR 416.1485(c), we approval on a new, and/or currently not required to do so pursuant to 5 will publish a notice in the Federal approved information collection. U.S.C. 522(a)(1) and (a)(2), we are Register stating that we will apply our DATES: Comments should be submitted publishing this Social Security interpretation of the Act or regulations on or before April 2, 1999. Acquiescence Ruling in accordance involved and explaining why we have decided to relitigate the issue. FOR FURTHER INFORMATION CONTACT: with 20 CFR 402.35(b)(2). Curtis B. Rich, Management Analyst, A Social Security Acquiescence (Catalog of Federal Domestic Assistance Small Business Administration, 409 3rd Ruling explains how we will apply a Programs Nos. 96.001 Social Security - Street, SW, Suite 5000, Washington, DC holding in a decision of a United States Disability Insurance; 96.006 - Supplemental 20416. Phone Number: 202–205–6629. Court of Appeals that we determine Security Income.) Dated: January 21, 1999. SUPPLEMENTARY INFORMATION: conflicts with our interpretation of a Title: ‘‘Verification of Damaged provision of the Social Security Act (the Kenneth S. Apfel, Property’’. Act) or regulations when the Commissioner of Social Security. Type of Request: Revision of a Government has decided not to seek currently approved collection. further review of that decision or is Acquiescence Ruling 99-1(2) Form No’s: 5C, 739, 1632. unsuccessful on further review. Florez on Behalf of Wallace v. Description of Respondents: We will apply the holding of the Callahan, 156 F.3d 438 (2d Cir. 1998)— Applicants requesting SBA Disaster Court of Appeals’ decision as explained Supplemental Security Income— Home Loans. in this Social Security Acquiescence Deeming of Income From a Stepparent Annual Responses: 63,205. Ruling to claims at all levels of to a Child When the Natural Parent is Annual Burden: 115,665. administrative adjudication within the Not Living in the Same Household— Comments: Send all comments Second Circuit. This Social Security Title XVI of the Social Security Act. regarding this information collection to, Acquiescence Ruling will apply to all Issue: Whether a stepparent is Bridget Dusenbury, Disaster Resource determinations or decisions made on or considered an ineligible parent whose Specialist, Office of Disaster Assistance, after February 1, 1999. If we made a income is subject to deeming to a child Small Business Administration, 409 3rd determination or decision on your eligible for Supplemental Security Street SW, Suite 6500, Washington, DC application for benefits between Income (SSI) when the natural or 20416. Phone No: 202–205–6734. September 29, 1998, the date of the adoptive parent is not living in the same Send comments regarding whether Court of Appeals’ decision, and household. this information collection is necessary February 1, 1999, the effective date of Statute/Regulation/Ruling Citation: for the proper performance of the this Social Security Acquiescence Section 1614 of the Social Security Act function of the agency, accuracy of Ruling, you may request application of (42 U.S.C. 1382c), 20 CFR 416.1101, burden estimate, in addition to ways to the Social Security Acquiescence Ruling 416.1160, 416.1806. minimize this estimate, and ways to to your claim if you first demonstrate, Circuit: Second (Connecticut, New enhance the quality. pursuant to 416.1485(b), that York and Vermont). Dated: January 27, 1999. application of the Ruling could change Florez on Behalf of Wallace v. Jacqueline K. White, our prior determination or decision. If Callahan, 156 F.3d 438 (2d Cir. 1998). Chief, Administrative Information Branch. you file a request for application of an Applicability of Ruling: This Ruling Acquiescence Ruling within the 60-day [FR Doc. 99–2312 Filed 1–29–99; 8:45 am] applies to all determinations, including appeal period for requesting all post-eligibility determinations, or BILLING CODE 8025±01±P administrative review and we deny that decisions at all administrative levels request, we shall extend the time to file (i.e., initial, reconsideration, an appeal on the merits of the claim to Administrative Law Judge (ALJ) hearing SOCIAL SECURITY ADMINISTRATION 60 days after the date that we deny the and Appeals Council). [Social Security Acquiescence Ruling 99± request for readjudication. Description of Case: Raul Wallace was 1(2)] Additionally, after we receive a born on October 28, 1982. His natural precedential circuit court decision and father is deceased. His natural mother is Florez on Behalf of Wallace v. determine that an Acquiescence Ruling married to Jorge Florez, the plaintiff, but Callahan; Supplemental Security may be required, we will begin to she abandoned her husband and IncomeÐDeeming of Income From a identify those claims that are pending children in 1985. Mr. Florez later Stepparent to a Child When the Natural before us within the circuit and that obtained full custody of Raul and an Parent is Not Living in the Same might be subject to readjudication if an order of protection against Raul’s HouseholdÐTitle XVI of the Social Acquiescence Ruling is subsequently mother that instructed her to stay away Security Act issued. When an Acquiescence Ruling is from the family residence and the AGENCY: Social Security Administration. published, we will send a notice to plaintiff’s place of business. Mr. Florez those individuals whose claims we have has unsuccessfully attempted to obtain ACTION: Notice of Social Security identified which may be affected by the a divorce from Raul’s mother and Acquiescence Ruling. Acquiescence Ruling. It is not necessary remains married to her. Raul lived with 4924 Federal Register / Vol. 64, No. 20 / Monday, February 1, 1999 / Notices his stepfather until July 31, 1991, when by reducing the stepchild’s SSI benefits. initial, reconsideration, ALJ hearing or Raul voluntarily began inpatient The court concluded that the plain Appeals Council. psychiatric treatments on a weekly basis language of the regulations (20 CFR When deeming income from an from Monday afternoon through Friday 416.1101 and 416.1806), supported by ineligible parent who is a stepparent to morning. During the weekends he lived the legislative history of the Act, reduce a child’s SSI benefit, at the Florez apartment. required SSA to exclude a stepparent’s adjudicators must exclude the income of Mr. Florez filed an application, on income from the calculations used to the stepparent from the deeming behalf of Raul, for SSI based on determine the amount of a child’s SSI calculation if the natural or adoptive disability on March 24, 1992. The Social benefits when the natural parent no parent is not living in the same Security Administration (SSA) longer lives in the family home. household with that child and determined that Raul satisfied the stepparent. Adjudicators will continue Statement as to How Florez Differs From disability requirements of the Social to apply SSA’s other rules for applying SSA’s Interpretation of the Regulations Security Act (the Act) retroactive to and calculating deeming of income, August 1, 1989, based on an earlier Section 1614(f) of the Act, as including the rules regarding temporary application. SSA also determined that implemented by the regulations, absences. Raul was not eligible for any payments provides that, when determining SSI [FR Doc. 99–2302 Filed 1–29–99; 8:45 am] eligibility and the benefit amount of a for the 16-month period between August BILLING CODE 4190±29±F 1989 and December 1990 because Mr. child under age 18, the child’s income Florez’ income was too high. Mr. Florez shall be deemed to include the income of a parent (or the spouse of such requested reconsideration of the benefit TENNESSEE VALLEY AUTHORITY amount, which was denied on the parent) who is ineligible for SSI benefits grounds that his income as a stepparent and is living in the same household as Sunshine Act Meeting was deemable to Raul. The plaintiff the child. Under SSA’s regulations, 20 requested and received a hearing before CFR 416.1160 defines an ineligible AGENCY HOLDING THE MEETING: Tennessee an ALJ who found that SSA had parent as ‘‘a natural or adoptive parent, Valley Authority. correctly calculated the SSI benefits. or the spouse (as defined in §416.1101) ``FEDERAL REGISTER'' CITATION OF After the Appeals Council denied the of a natural or adoptive parent, who PREVIOUS ANNOUNCEMENT: To be claimant’s request for review, he sought lives with [the child] and is not eligible published 26 January 1999 (Docket No. judicial review but the district court for SSI benefits.’’ Spouse is defined in 991804). affirmed SSA’s application of the 20 CFR 416.1101 as ‘‘someone who lives PREVIOUSLY ANNOUNCED TIME AND DATE OF regulations providing for deeming a with another person as that person’s MEETING: 9 a.m. (EST), Wednesday, stepparent’s income. Mr. Florez husband or wife. (See §416.1806)’’ January 27, 1999. appealed this decision to the United Under 20 CFR 416.1806(a)(1), SSA PREVIOUSLY ANNOUNCED PLACE OF States Court of Appeals for the Second considers someone to be a person’s MEETING: Chattanooga Office Complex, Circuit. spouse for SSI purposes if they are 110 Market Street, Chattanooga, Holding: The Second Circuit reversed legally married under State law. Tennessee. in part the judgment of the district court SSA considers 20 CFR 416.1806 to be CHANGES IN THE MEETING: Each member and remanded the case with the controlling regulation for of the TVA Board of Directors has instructions to recalculate Raul’s SSI determining who is a person’s spouse approved the addition of the following benefits excluding the income earned by for SSI purposes and for deeming of items to be previously announced his stepfather. After reviewing SSA’s income. Accordingly, SSA deems the agenda: regulations governing deeming of income of a stepparent to a child income and defining who is the spouse eligible for SSI benefits living in the Agenda Items: F—Unclassified of a natural or adoptive parent, the court same household when the stepparent is F1. Authority to license TVA held that 20 CFR 416.1101 creates a legally married under State law to that intellectual property. two-part test for determining whether a child’s natural or adoptive parent, even F2. Participation in capital funding spouse, who lives with a child eligible if the natural or adoptive parent is not entities. for SSI, is an ineligible parent for living in the same household. CONTACT PERSON FOR MORE INFORMATION: deeming purposes under 20 CFR The Second Circuit held that 20 CFR Please call TVA Media Relations at 416.1160: 416.1101 is the controlling regulation (423) 632–6000, Knoxville, Tennessee. (1) the spouse must live with the for the purpose of determining who is Information is also available through natural or adoptive parent; and a person’s spouse under the deeming TVA’s Washington Office at (202) 898– (2) the relationship must be as regulations. The court concluded that, 2999. husband or wife, as further defined in under the two-part test created by this Edward S. Christenbury, 20 CFR 416.1806. regulation, a stepparent is not an General Counsel and Secretary to the Board. Under the Second Circuit’s ineligible spouse and deeming of [FR Doc. 99–2466 Filed 1–28–99; 3:34 pm] construction of this regulation, it found income does not apply when the natural that Mr. Florez’s marriage to Raul’s parent no longer lives in the family BILLING CODE 8120±08±M mother ended, for all intents and home. purposes, when she abandoned the family home. Although the court Explanation of How SSA Will Apply DEPARTMENT OF TRANSPORTATION recognized SSA’s concern about holding The Florez Decision Within the Circuit a natural parent financially responsible This Ruling applies only where the Office of the Secretary for contributing to the care of a child SSI claimant is an eligible child who Aviation Proceedings, Agreements eligible for SSI, the court believed that resides in Connecticut, New York or filed during the week ending January SSA should not discourage a stepparent Vermont at the time of the 22, 1999 from voluntarily accepting such determination (including all post- financial responsibility, when the eligibility determinations) or decision at The following Agreements were filed natural parent has abandoned the child, any administrative level of review, i.e., with the Department of Transportation Federal Register / Vol. 64, No. 20 / Monday, February 1, 1999 / Notices 4925 under the provisions of 49 U.S.C. DEPARTMENT OF TRANSPORTATION a final order without further Sections 412 and 414. Answers may be proceedings. filed within 21 days of date of filing. Office of the Secretary Docket Number: OST–97–3187. Date Filed: January 22, 1999. Docket Number: OST–99–5015. Notice of Applications for Certificates Date Filed: January 19, 1999. Due Date for Answers, Conforming of Public Convenience and Necessity Applications, or Motions to Modify Parties: Members of the International and Foreign Air Carrier Permits Filed Scope: February 19, 1999. Air Transport Association. Under Subpart Q during the Week Description: Application of Subject: PTC31 Telex Mail Vote 985, Ending January 22, 1999 Transportes Aereos Ejecutivos, S.A. de Japan-Hawaii Spouse Fares—Reso 091p, The following Applications for C.V. pursuant to 49 U.S.C. Section Intended effective date: April 1, 1999. Certificates of Public Convenience and 41302 and Subpart Q, applies for Docket Number: OST–99–5017. Necessity and Foreign Air Carrier amendment and re-issuance of its foreign air carrier permit issued to it by Date Filed: January 19, 1999. Permits were filed under Subpart Q of the Department of Transportation’s Order 95–3–11 to permit TAESA to Parties: Members of the International engage in scheduled air transportation Air Transport Association. Procedural Regulations (See 14 CFR 302.1701 et. seq.). The due date for of property and mail on the following Subject: PTC1 Telex Mail Vote 984, Answers, Conforming Applications, or Mexico-United States scheduled all- PEX fares between Argentina and Motions to Modify Scope are set forth cargo routes Cancun, Mexico-Los Paraguay, Intended effective date: below for each application. Following Angeles, California; Cancun, Mexico- February 1, 1999. the Answer period DOT may process the Miami, Florida. Dorothy W. Walker, application by expedited procedures. Dorothy W. Walker, Federal Register Liaison. Such procedures may consist of the Federal Register Liaison. [FR Doc. 99–2328 Filed 1–29–99; 8:45 am] adoption of a show-cause order, a [FR Doc. 99–2329 Filed 1–29–99; 8:45 am] BILLING CODE 4910±62±P tentative order, or in appropriate cases BILLING CODE 4910±62±P federal register February 1,1999 Monday Final Rule Marketing AgreementandOrderNo.956; Northeast Oregon;OrderAmending Valley ofSoutheastWashingtonand Sweet OnionsGrownintheWalla 7 CFRPart956 Agricultural MarketingService Agriculture Department of Part II 4927 4928 Federal Register / Vol. 64, No. 20 / Monday, February 1, 1999 / Rules and Regulations

DEPARTMENT OF AGRICULTURE published in the April 1, 1998, issue of A Secretary’s Decision and the Federal Register (63 FR 15787). Referendum Order was issued on Agricultural Marketing Service Recommended Decision and November 13, 1998, directing that a Opportunity to File Written Exceptions referendum be conducted during the 7 CFR Part 956 issued on September 17, 1998, and period November 25 through December [Docket Nos. 98AMA±FV±956±1; FV98±956± published in the Federal Register on 10, 1998, among growers of Walla Walla 1] September 23, 1998 (63 FR 50802). sweet onions to determine whether they Secretary’s Decision and Referendum favored the proposed amendments to Sweet Onions Grown in the Walla Order issued November 13, 1998, and the order. In the referendum, both Walla Valley of Southeast Washington published in the Federal Register on amendments were favored by more than and Northeast Oregon; Order November 19, 1998 (63 FR 64215). two-thirds of the growers voting in the Amending Marketing Agreement and This administrative action is governed referendum by number and volume. Order No. 956 by the provisions of sections 556 and The amended marketing agreement 557 of Title 5 of the United States Code AGENCY: Agricultural Marketing Service, was subsequently mailed to all Walla USDA. and, therefore, is excluded from the Walla sweet onion handlers in the requirements of Executive Order 12866. ACTION: Final rule. production area for their approval. The Preliminary Statement marketing agreement was approved by SUMMARY: This final rule amends the handlers representing more than 50 This final rule was formulated on the marketing agreement and order (order) percent of the volume of Walla Walla record of a public hearing held in Walla for sweet onions grown in the Walla sweet onions handled by all handlers Walla, Washington, on April 7, 1998, to Walla Valley of Southeast Washington during the representative period of June consider the proposed amendment of and Northeast Oregon. The amendments 1, 1997, through May 31, 1998. were submitted by the Walla Walla Marketing Agreement and Order No. Sweet Onion Committee (committee), 956, regulating the handling of sweet Small Business Considerations onions grown in the Walla Walla Valley the agency responsible for local Pursuant to the requirements set forth of Southeast Washington and Northeast administration of the order. The changes in the Regulatory Flexibility Act (RFA), Oregon, hereinafter referred to broaden the scope of the order by the AMS has considered the economic collectively as the ‘‘order.’’ The hearing adding authority for grade, size, quality, impact of this action on small entities. was held pursuant to the provisions of maturity, and pack regulations, Accordingly, the AMS has prepared this the Agricultural Marketing Agreement mandatory inspection, marketing policy final regulatory flexibility analysis. statements, and minimum quantity Act of 1937, as amended (7 U.S.C. 601 et seq.), hereinafter referred to as the The purpose of the RFA is to fit exemptions. In addition, a minor change regulatory actions to the scale of is made in the committee’s name. These Act, and the applicable rules of practice and procedure governing proceedings to business subject to such actions so that changes were favored by Walla Walla small businesses will not be unduly or Sweet Onion growers in a mail formulate marketing agreements and marketing orders (7 CFR part 900). The disproportionately burdened. Small referendum and will improve the agricultural producers have been operation and functioning of the Walla Notice of Hearing contained amendment proposals submitted by the committee defined by the Small Business Walla Sweet Onion marketing order Administration (SBA) (13 CFR 121.601) program. and the U.S. Department of Agriculture. The committee’s proposals pertained as those having annual receipts of less EFFECTIVE DATE: February 2, 1999. to adding authority for grade, size, than $500,000. Small agricultural FOR FURTHER INFORMATION CONTACT: quality, maturity, and pack regulations, service firms, which include handlers Robert Curry, Marketing Specialist, mandatory inspection, marketing policy regulated under the order, are defined as Marketing Order Administration statements, and minimum quantity those with annual receipts of less than Branch, Fruit and Vegetable Programs, exemptions. In addition, the committee $5,000,000. AMS, USDA, Northwest Marketing proposed changing its name from the Interested persons were invited to Field Office, 1220 SW Third Avenue, Walla Walla Sweet Onion Committee to present evidence at the hearing on the room 369, Portland, Oregon 97204; the Walla Walla Sweet Onion Marketing probable regulatory and informational telephone: (503) 326–2724, or Fax: (503) Committee. impact of the proposed amendments on 326–7440; or Anne M. Dec, Marketing Also, the Fruit and Vegetable small businesses. The record indicates Order Administration Branch, Fruit and Programs of the Agricultural Marketing that growers and handlers would not be Vegetable Programs, AMS, USDA, room Service (AMS), U.S. Department of unduly burdened by any additional 2525–S, Washington, DC 20250–0200; Agriculture, proposed to allow such regulatory requirements, including telephone: (202) 720–2491, or Fax: (202) changes as may be necessary to the those pertaining to reporting and 205–6632. Small businesses may request order, if any or all of the above recordkeeping, that might result from information on compliance with this amendments are adopted, so that all of this proceeding. regulation, or obtain a guide on its provisions conform with the During the 1996–97 crop year, complying with fruit, vegetable, and proposed amendment. No conforming approximately 33 handlers were specialty crop marketing agreements changes have been deemed necessary. regulated under Marketing Order No. and orders by contacting Jay Guerber, Upon the basis of evidence 956. In addition, there were about 64 Marketing Order Administration introduced at the hearing and the record producers of Walla Walla sweet onions Branch, Fruit and Vegetable Programs, thereof, the Administrator of the in the production area. Marketing orders AMS, USDA, P.O. Box 96456, room Agricultural Marketing Service (AMS) and amendments thereto are unique in 2525–S, Washington, DC 20090–6456; on September 17, 1998, filed with the that they are normally brought about telephone (202) 720–2491; Fax (202) Hearing Clerk, U.S. Department of through group action of essentially 205–6632. Agriculture, a Recommended Decision small entities for their own benefit. SUPPLEMENTARY INFORMATION: Prior and Opportunity to File Written Thus, both the RFA and the Act are documents in this proceeding: Notice of Exceptions thereto by October 23, 1998. compatible with respect to small Hearing issued on March 25, 1998, and None were received. entities. Federal Register / Vol. 64, No. 20 / Monday, February 1, 1999 / Rules and Regulations 4929

Twenty-four of the 33 handlers are Vidalia onions, California Imperial confidence and harm producers’ also producers who handle their own onions, Hawaii Maui Sweets, New Mex. returns. The objective of implementing onions. There are seven commercial Sweets from New Mexico, and Texas quality control and size provisions packinghouses that pack approximately hybrid 1015Y’s. under marketing orders is to make the 90 percent of all Walla Walla sweet The acres harvested and production of markets work more efficiently, improve onions. In the 1996–97 season, the Vidalia onions have increased by 236% quality, and to market preferred sizes. average f.o.b. price for Walla Walla and 447%, respectively, since 1989. The The use of quality and size standards sweet onions was $8.70 per 50-pound Vidalia sweet onion industry’s normal through a grading scheme benefits sack. Total production for the 1996–97 harvesting and shipping season begins consumers by assuring the buyers that season was 666,000 50-pound in the middle of April and ends in late they are getting high quality produce of containers. A handler who packed over July. The Vidalia onion industry has desirable size. This helps build 550,000 50-pound units would exceed been successful in extending its consumer demand in the long run. the SBA definition of a small handler. shipping season into September and Minimum quality and size standards are According to record evidence, there are October by establishing controlled deemed desirable because they prevent two dominant handlers in the industry atmosphere storage capabilities. This the shipment of poor quality produce, and at least one of these handlers could may be having a price dampening effect which ends up harming producers’ be considered a large handler under this on Walla Walla sweet onions because of ability to sell their product and definition. The record revealed that all the overlap of shipping seasons and consumers’ willingness to buy. Walla Walla sweet onion growers would direct competition caused by the The reputation of Walla Walla sweet be considered small producers. extended season of Vidalia onions. onions has deteriorated over the recent Therefore, it can be concluded that the Of the six sweet onion-producing years due to the poor quality of some of majority of growers and handlers would areas in the U.S., Walla Walla sweet the onions marketed. Record evidence be considered small businesses. onion prices are lower than Maui, indicated that a surveillance project The marketing order, promulgated in Vidalia and Texas onions. In addition, conducted during the 1997 harvest 1995, currently defines the production the economic report presented on the season by the Washington State area where onions must be grown to be record shows that Vidalia onions always Department of Agriculture on behalf of designated as Walla Walla sweet onions. receive higher prices than Walla Walla the committee noted that a significant It also provides the authority to fund sweet onions with an average price amount of onions sold within the research and promotion activities differential of $5 per 50-pound immediate Walla Walla area did not through assessments on handlers, as container. meet minimum U.S. standards. Walla well as establish container regulations. The Walla Walla sweet onion season Walla sweet onions usually meet at least Although the marketing order as begins in middle or late June and U.S. No. 2 grade, but only a small currently written addresses some of the continues until the end of July. The volume meets U.S. No. 1 grade. marketing problems facing the industry, shipping season lasts for approximately Establishing quality and size the Walla Walla sweet onion industry six weeks. Prices for Walla Walla sweet provisions under the Walla Walla sweet continues to experience marketing onions at the beginning of the season onion marketing order would provide problems. start relatively high. As the season an incentive for producers to allow their Economic data presented on the progresses, prices generally fall. This onions to fully mature, resulting in a record indicates that the acres planted seasonal price behavior has resulted in higher quality of onion marketed. have decreased from 1,800 in 1988 to producers harvesting onions before they Establishing quality and size 900 acres planted in 1997. This is a 50% are fully matured. This has led to poor requirements would ensure consistent decrease since 1988. Similarly, acres quality onions being sold on the market quality and acceptable sizes of onions harvested have decreased from 1,600 in that make an unfavorable impression on throughout the season. This tends to 1988 to 900 in 1997. consumers, supermarkets, and other benefit consumers through a higher In addition, the data shows outlets that handle Walla Walla sweet quality of onion and benefits producers production has decreased dramatically onions. In addition, this situation with a higher demand for their product. from 1,280,000 50-pound containers in appears to have shortened the marketing In the long run, high quality, seasonal 1988 to 666,000 50-pound containers in season. produce builds name recognition and 1997. This is a 48% decrease in The quality at the beginning of the helps enhance demand. production in the last 10 years. season has a tendency to set the market The Walla Walla sweet onion industry Total crop values have declined from tone for the remainder of the season. If has attempted to voluntarily implement $9,345,000 in 1989 to $5,794,000 in quality is high at the beginning of the quality control. Prior to implementation 1997. This is a 38% decrease in total season, this makes a favorable of the marketing order, the Walla Walla crop values in 9 years. impression on buyers as well as Sweet Onion Commission, a voluntary U.S. per capita consumption of fresh consumers. With high quality onions at organization composed of producers onions has increased from 10.7 pounds the start of the season, consumers are and handlers, implemented quality per year in 1981 to 17.5 pounds per year likely to become repeat customers. rules for its members. These rules in 1997. This is a 64% increase in per However, if quality is low at the restricted the sale of U.S. No. 2 grade capita use of fresh onions, while the beginning of the season, receivers as onions and culls from fresh market use, production of Walla Walla sweet onions well as consumers are disappointed. and included random inspections. has decreased. This increased Initial low quality will result in Common defects that caused the onions consumption shows that this industry consumers shopping for alternative to fail to meet these requirements were has the potential to improve. sweet onions and they will not be repeat seed stems, immaturity, and decay. In addition, economic data shows that purchasers. Because of the voluntary nature of these competition from other sweet onion Minimum quality and size imposed regulations, this project was producing areas has increased requirements are established under unsuccessful. dramatically. Producers of Walla Walla marketing orders to ensure that Currently, the marketing order allows sweet onions have lost market share to substandard produce does not find its only onions grown in the designated other sweet onions such as Georgia way to the market and destroy consumer production area to be marketed as Walla 4930 Federal Register / Vol. 64, No. 20 / Monday, February 1, 1999 / Rules and Regulations

Walla sweet onions. Research activities better shape, more uniformity and larger on 100 50-pound containers and the as well as promotional activities are also size. There are increasingly more inspection lasted one hour, the per unit authorized under the current order. growers that are purchasing this cost for inspecting the lot would be $4, Broadening the scope of the order by equipment or contracting with other and the per hour cost would be $23. authorizing minimum quality and size growers that have the seeders. Seed Under this scenario, the handler would requirements will add another coating or pelleting is another be charged $23 for the inspection, the marketing tool to help the industry alternative for better seed placement, greater amount. This would average $.23 solve marketing problems, especially which is less expensive than the per unit. those related to quality. Minimum purchase of a highly advanced seeder. Under the current fee schedule, it quality and size requirements would The seed coating adds a clay-like would be necessary for the inspection allow the industry to improve their material to the exterior of the seed, so office to inspect over 4,600 50-pound name recognition with a quality that the seeders do not cause two or units of onions per day in order to product. Amending the order by three seeds to drop at the same time. It maintain the fee at $.04 per 50-pound authorizing the establishment of appears that costs associated with unit. If handlers do not handle over minimum quality and size requirements growers modifying their cultural 4,600 50-pound units per day, their will help to expand markets and deliver practices to abide by minimum quality inspection costs would be computed at a more consistent quality product of and size standards would be minimal the hourly rate. Even for handlers who desirable size to the consumer. and offset by improved producer normally handle that volume, there Without any quality and size returns. would be times during the season, provisions in place, industry members A witness for the committee testified particularly in the beginning and end of can place substandard product on the that the benefits of including the the season, where the volume of onions market that is severely impacting the authority for minimum quality and size inspected would not be at a level where credibility and marketability of all standards would far outweigh any the $.04 per 50-pound unit could be Walla Walla sweet onions. Because of negative impact to producers and used. The fees would convert to the these current practices, the industry is handlers and the industry could start hourly rate. experiencing problems establishing and rebuilding markets and creating new Record testimony indicated that the maintaining markets in areas that have ones. committee is concerned with increased traditionally been strong. The industry The Federal-State Inspection Service costs associated with these proposals, has lost markets due to poor quality, Office that is responsible for inspecting particularly, the costs of inspection. The short shelf life and increased Walla Walla sweet onions is currently committee discussed options to address competition from other sweet onion located in Pasco, Washington, less than these concerns and developed two producing areas. 50 miles from Walla Walla. According remedies intended to alleviate the cost Minimum quality and size to record testimony, inspectors would burdens on small handlers. First, the requirements would help alleviate some be staffed in Walla Walla during the committee recommended adding of these problems and work to improve season if mandatory inspection was authority in the order for the committee producer returns by strengthening implemented. to contract with the Federal-State consumer and retail demand. Inspection costs in the State of Inspection Service and pay for all Mandatory inspection requirements Washington are computed on an hourly inspections of Walla Walla sweet would make all producers and handlers basis or a per unit basis, whichever is onions. Second, the committee responsible for the quality of the greater. If the hourly rate is used, the recommended an exemption from industry’s output. Poor quality would rate applies to the total number of the inspection for handlers of small lots of not be mixed with better quality. The inspector’s hours, including travel time. onions. record revealed that most handlers are Depending upon the workload, Under the scenario of contracting already sorting by size. The inspectors could be based in Walla with the inspection service, each Department’s Market News Service Walla during the season, which would handler would pay a separate reports prices for jumbo and medium lessen travel costs. Record testimony assessment for inspection costs at a per onions, which further indicates that indicated that the hourly inspection rate unit price. All handlers would pay the handlers are sorting by size. Most is $26, with a two-hour minimum, or same price per bag for inspection, handlers also pack to a certain quality $52, for inspection or $208 for an eight- whether exempt or not. Under such a standards, usually based on U.S. grade hour day. However, the State of contract, the larger volume handlers standards. Therefore, handlers would Washington Agriculture Code would pay more of the inspection costs not be required to drastically modify regulations appearing at Chapter 16– because they handle so many more units their packing operations or purchase 400–210 WAC provide that the hourly of onions. In this manner, the burden of new equipment. The committee inspection rate is $23, with no inspection costs for smaller volume considered grower and handler costs minimum time required. In accordance handlers could be minimized. This was very seriously and even discussed the with the Rules of Practice and discussed with representatives of the cost burden between larger and smaller Procedure governing the formulation of inspection service. handlers. The minimum quantity marketing agreements and orders (7 CFR A Washington State inspector exemption should address such Part 900), official notice has been taken confirmed that travel costs would be concerns. of the fees set forth in the State of lessened if an inspector was based in Growers may be faced with a potential Washington regulations at Chapter 16– Walla Walla. However, the inspector cost item related to improved 400–210 WAC. The fee schedule will be indicated that $.04 per 50-pound unit equipment that could be needed in used in our analysis. On a per unit would be the minimum cost for the order to meet minimum quality or size basis, the inspection fee is $.04 per 50- inspection. Costs could increase standards. A handler testified that pound unit. depending on the workload. If the growers could update their mechanical As stated above, inspection costs are workload was light, such as late in the seeders so that the seeds could be computed on an hourly basis or a per season when the quantities of onions are planted equidistant from each other, unit basis, whichever is greater. For diminishing, it could be more costly for which would result in onions with example, if an inspection was requested an inspector to conduct inspections on Federal Register / Vol. 64, No. 20 / Monday, February 1, 1999 / Rules and Regulations 4931 smaller lots. It could be necessary to administer the program without this provision depending on industry convert the cost to an hourly cost, increasing the assessment rate. needs. The committee does not believe which would exceed $.04 per 50-pound When the committee was considering it would ever recommend not having a unit. amending the marketing order to minimum quantity exemption. There have been discussions include quality and size requirements, a A witness for the amendments regarding contractual relationships with compliance subcommittee was testified that the only cost increase the inspection service but factors such appointed to address concerns of small would be the cost of inspection. He as inspection of small quantities would producers and handlers. The further stated that the cost of inspection need to be addressed in the contract. subcommittee is composed of producers is a minor cost item, compared to labor The inspector testified that the and handlers who developed the and growing costs. Walla Walla sweet inspection office must cover the cost of minimum quantity exemption onion production is labor-intensive and inspectors and if there was not a full provisions of the committee’s proposals. high cost. A premium price is necessary days work in Walla Walla, the inspector The subcommittee considered different for the onions to pay the costs of would need to travel elsewhere. These options during their deliberations and production. situations would need to be factored determined that the amendments set This witness testified that a grower into any contractual agreements. A forth in this rule are the most normally has $1,800 to $2,000 an acre witness for the proposals testified that advantageous to small growers and invested in production prior to harvest. because of the variables associated with handlers while still allowing quality Using this estimate and assuming a inspecting Walla Walla sweet onions, it objectives to be met. yield of 190 50-pound units per acre, is estimated the cost of inspection Inspection requirements would not inspection costs (estimated at $.04 to would range between $.04 and $.06 per apply to shipments of Walla Walla $.06 per 50-pound unit) are estimated to 50-pound unit if the per unit price were sweet onions that are 2,000 pounds or be $7.60 to $11.40 per acre, or an used in a contractual agreement. The less. However, these onions would be estimated 0.4 to 0.6 percent increase of committee could consider only required to meet any minimum pre-harvest cost. contracting with the inspection service requirements in effect at the time of Following is an example of possible during the busiest parts of the season in shipment. This would be enforced costs associated with implementing order to keep the inspection cost lower. through periodic spot examinations quality and size standards. Testimony The committee could also consider only conducted by the committee. A general revealed that if a U.S. Commercial grade regulating for part of the season. consensus among industry members were established as a minimum quality Another option the committee was that establishing a minimum standard, 5 to 10 percent of the onions developed to address the issues of costs quantity exemption was necessary to would not meet that grade and would on small handlers would provide an relieve any undue financial burden on have to be disposed of in secondary exemption for handlers who handle up small volume handlers. The committee outlets. Using last year’s production to, but not more than 2,000 pounds of would be responsible for monitoring figures (1996–97), 666,000 50-pound Walla Walla sweet onions per shipment. compliance by conducting spot containers were produced for sale. If 10 These handlers would be exempt from inspections, if necessary, at the percent would not make U.S. inspection requirements, but these committee’s expense. It is estimated that Commercial grade, 66,600 50-pound exempt onions would still be required compliance activities could increase containers would need to be disposed in to meet the quality and size administrative costs for the committee secondary outlets. It is estimated that 5 requirements in effect at the time of by $3,000, or a 3 percent increase in the percent of the crop, or 33,300 pounds, shipment. Handlers could make more current committee budget. would be exempt from inspection. than one exempt shipment per day as As previously stated, 7 commercial Therefore, approximately 566,100 50- long as each shipment was at or below handlers pack 90 percent of the pound containers would need to be the 2,000-pound exemption. These industry’s crop. Approximately 26 inspected. Using the high inspection exempt onions would not be exempt handlers handle the remaining 10 cost estimate of $.06 per container, from assessments. The committee would percent. With the 2,000 pound inspection costs for the entire crop be able to recommend modification of inspection exemption implemented, it is would be $33,966. Seven commercial the minimum quantity exemption estimated that 50 percent of the packing houses pack 90 percent of the through informal rulemaking, if remaining 26 handlers would be exempt crop which would account for necessary. The committee would be from mandatory inspection. This $30,569.40 of the costs. The remaining responsible for monitoring compliance represents approximately 42 acres or 26 small handlers would be responsible with this proposal. If necessary, the 25,000 50-lb. units, which is 5 percent for the remaining inspection costs of committee would conduct spot of the crop. Therefore, it appears that at $3,396.60, or approximately $131 per inspections at the committee’s expense least 13 handlers would be exempt from handler for inspection fees for that to ensure that inspection-exempt onions inspection, while 95 percent of the season. were meeting the established quality production would still be inspected. Minimum quality and size standards and size regulations. This amendment would minimize the would maintain the integrity of the Record testimony indicated the impact on small handlers without product so that the commodities’ overall implementation of these amendments jeopardizing quality objectives. quality image is not diminished by a could necessitate that the committee These exempt onions would not be low quality sample. The principle increase the manager’s work hours in exempt from assessments. In addition, objective of a grading system is to make order to monitor compliance with these exempt onions would still be required the market work more efficiently. provisions. This could result in the need to meet the minimum quality and size Minimum quality and size requirements to recommend an increase in the requirements established by the would improve information between marketing order assessment rate. committee and approved by the buyers and sellers. Contracts could be However, an increase is not expected Secretary. Committee staff would made based on grade specifications, and because the increased production, conduct spot inspections to monitor the buyers need not personally inspect each demand, and expanded markets would exempt handlers’ activities. The lot of product. Standardization of help to supply ample funds to amendment allows for modification of quality and size reduces uncertainty 4932 Federal Register / Vol. 64, No. 20 / Monday, February 1, 1999 / Rules and Regulations between buyers and sellers, and this The Department has not identified Order Amending the Order Regulating helps reduce marketing costs. The goal any relevant Federal rules that the Handling of Sweet Onions Grown in of an effective grading system is to duplicate, overlap or conflict with this the Walla Walla Valley of Southeast improve quality and size. Minimum rule. All of these amendments are Washington and Northeast Oregon quality and size standards would help designed to enhance the administration Findings and Determinations ensure that substandard produce does and functioning of the marketing order not find its way to the market and to the benefit of the industry. The findings and determinations destroy consumer confidence and harm hereinafter set forth are supplementary While the implementation of quality producers’ returns. and in addition to the findings and and size requirements may impose some The ability of producers of Walla determinations previously made in additional costs on handlers, the costs Walla sweet onions to increase the connection with the issuance of the are minimal and uniform on all demand for their product depends on order; and all of said previous findings handlers. Some of these costs may be their ability to differentiate their and determinations are hereby ratified passed on to growers. However, these product and to create a favorable image and affirmed, except insofar as such (including quality) with consumers. In costs would be offset by the benefits findings and determinations may be in recent years, this favorable image has derived by the operation of the conflict with the findings and deteriorated. Culling out low quality marketing order. In addition, the determinations set forth herein. produce of undesirable size, even meetings regarding these amendments (a) Findings and Determinations Upon though the demand for it may be elastic, as well as the hearing date were widely the Basis of the Hearing Record. may increase total returns. The price publicized throughout the Walla Walla Pursuant to the provisions of the increase from the higher quality sold is sweet onion production area industry Agricultural Marketing Agreement Act expected to be large enough to offset the and all interested persons were invited of 1937, as amended (7 U.S.C. 601 et effect of the reduced quantity sold, even to attend the meetings and the hearing seq.), and the applicable rules of after the costs of culling are covered. and participate in committee practice and procedure effective Record evidence also shows that the deliberations on all issues. All thereunder (7 CFR part 900), a public collection of information under the committee meetings and the hearing hearing was held upon the proposed marketing order would not be effected were public forums and all entities, both amendments to the Marketing by these amendments to the marketing large and small, were able to express Agreement and Order No. 956 (7 CFR order. No increase in information views on these issues. Finally, part 956), regulating the handling of collection will occur with the adoption interested persons were invited to sweet onions grown in the Walla Walla of the amendments alone. However, if submit information on the regulatory Valley of Southeast Washington and these amendments are implemented and and informational impacts of this action Northeast Oregon. the committee recommends regulations on small businesses. Upon the basis of the evidence to impose quality and size requirements, introduced at such hearing and the Civil Justice Reform it is possible that additional information record thereof, it is found that: would be needed from handlers to aid The amendments contained in this (1) The marketing agreement and in administering the program rule have been reviewed under order, as hereby amended, and all of the effectively. It is also possible that Executive Order 12988, Civil Justice terms and conditions thereof, will tend because inspection certificates would be Reform. They are not intended to have to effectuate the declared policy of the received by the committee, needed retroactive effect. The amendments will Act; information could be collected from the not preempt any State or local laws, (2) The marketing agreement and certificates and the information regulations, or policies, unless they order, as hereby amended, regulate the collection requirements could be present an irreconcilable conflict with handling of sweet onions grown in the reduced. Whatever information the amendments. production area in the same manner as, collection changes result from any and is applicable only to persons in the regulations, the committee and the The Act provides that administrative respective classes of commercial and Department would submit such changes proceedings must be exhausted before industrial activity specified in the to the Office of Management and Budget parties may file suit in court. Under marketing order upon which hearings (OMB) for approval. Current section 608c(15)(A) of the Act, any have been held; information collection requirements for handler subject to an order may file (3) The marketing agreement and Part 956 are approved by OMB under with the Secretary a petition stating that order, as hereby amended, are limited in OMB number 0581–0172. the order, any provision of the order, or application to the smallest regional The amendment to modify the name any obligation imposed in connection production area which is practicable, of the committee from the Walla Walla with the order is not in accordance with consistent with carrying out the Sweet Onion Committee to the Walla law and request a modification of the declared policy of the Act, and the Walla Sweet Onion Marketing order or to be exempted therefrom. A issuance of several orders applicable to Committee will have no regulatory handler is afforded the opportunity for subdivisions of the production area impact on handlers or growers. a hearing on the petition. After the would not effectively carry out the Accordingly, this action will not hearing the Secretary would rule on the declared policy of the Act; impose any additional reporting or petition. The Act provides that the (4) The marketing agreement and recordkeeping requirements on either district court of the United States in any order, as hereby amended, prescribe, small or large Walla Walla sweet onion district in which the handler is an insofar as practicable, such different handlers. As with all Federal marketing inhabitant, or has his or her principal terms applicable to different parts of the order programs, reports and forms are place of business, has jurisdiction to production area as are necessary to give periodically reviewed to reduce review the Secretary’s ruling on the due recognition to the differences in the information requirements and petition, provided an action is filed not production and marketing of sweet duplication by industry and public later than 20 days after date of the entry onions grown in the production area; sector agencies. of the ruling. and Federal Register / Vol. 64, No. 20 / Monday, February 1, 1999 / Rules and Regulations 4933

(5) All handling of sweet onions and published in the Federal Register (1) Market prices for sweet onions, grown in the production area is in the on November 19, 1998, shall be and are including prices by variety, grade, size, current of interstate or foreign the terms and provisions of this order quality, and maturity, and by different commerce or directly burdens, amending the order and are set forth in packs; obstructs, or affects such commerce. full herein. (2) Supply of sweet onions by grade, (b) Additional findings. It is necessary size, quality, maturity, and variety in List of Subjects in 7 CFR Part 956 and in the public interest to make these the production area and in other sweet order amendments effective one day Marketing agreements, Onions, onion producing sections; after publication. A later effective date Reporting and recordkeeping (3) The trend and level of consumer would unnecessarily delay the requirements. income; implementation of the amendments and For the reasons set forth in the (4) Establishing and maintaining the improvement in operation of the preamble, 7 CFR Part 956 is amended as orderly marketing conditions for Walla marketing order program. The follows: Walla Sweet Onions; committee, producers and handlers (5) Orderly marketing of Walla Walla need as much time as possible to make PART 956ÐSWEET ONIONS GROWN Sweet Onions as will be in the public plans to implement the amended order IN THE WALLA WALLA VALLEY OF interest; and and discuss any needed changes to the SOUTHEAST WASHINGTON AND (6) Other relevant factors. regulations and committee operating NORTHEAST OREGON (b) Reports. (1) The committee shall submit a report to the Secretary setting procedures. Furthermore, the fiscal 1. The authority citation for 7 CFR forth the aforesaid marketing policy, period for 1999 begins on June 1. part 956 continues to read as follows: In view of the foregoing, it is hereby and the committee shall notify found and determined that good causes Authority: 7 U.S.C. 601–674. producers and handlers of the contents exists for making these amendments 2. In part 956, § 956.14 is added and of such report. effective one day after publication, and reserved, and new §§ 956.15 and 956.16 (2) In the event it becomes advisable that it would be contrary to the public are added to read as follows: to shift from such marketing policy interest to delay the effective date of because of changed supply and demand these amendments for 30 days after § 956.15 Grade and size. conditions, the committee shall prepare publication in the Federal Register (5 Grade means any of the officially an amended or revised marketing policy U.S.C. 553). established grades of onions, including in accordance with the manner (c) Determinations. It is hereby maturity requirements and size means previously outlined. The committee determined that: any of the officially established sizes of shall submit a report thereon to the (1) Handlers (excluding cooperative onions as set forth in the United States Secretary and notify producers and associations of producers who are not standards for grades of onions or handlers of the contents of such report engaged in processing, distributing, or amendments thereto, or modifications on the revised or amended marketing shipping Walla Walla sweet onions thereof, or variations based thereon, or policy. covered by the order as hereby States of Washington or Oregon 5. Section 956.62 is revised to read as amended) who, during the period June standards of onions or amendments follows: 1, 1997, through May 31, 1998, handled thereto or modifications thereof or 50 percent or more of the volume of variations based thereon, recommended § 956.62 Issuance of regulations. such onions covered by said order, as by the committee and approved by the (a) Except as otherwise provided in hereby amended, have signed an Secretary. this part, the Secretary shall limit the shipment of Walla Walla Sweet Onions amended marketing agreement; and § 956.16 Pack. (2) The issuance of this amendatory by any one or more of the methods order is favored or approved by at least Pack means a quantity of Walla Walla hereinafter set forth whenever the two-thirds of the producers who Sweet Onions specified by grade, size, Secretary finds from the participated in a referendum on the weight, or count, or by type or condition recommendations and information of container, or any combination of question of approval and who, during submitted by the committee, or from these recommended by the committee the period June 1, 1997, through May other available information, that such and approved by the Secretary. 31, 1998 (which has been deemed to be regulation would tend to effectuate the a representative period), have been § 956.20 [Amended] declared policy of the Act. Such engaged within the production area in 3. In § 956.20, paragraph (a) is limitation may: the production of such onions for fresh amended by adding the word (1) Regulate in any or all portions of market. ‘‘Marketing’’ immediately following the the production area, the handling of particular grades, sizes, qualities, or Order Relative to Handling word ‘‘Onion’’ in the first sentence. 4. In part 956, a new § 956.60 is added maturities of any or all varieties of It is therefore ordered, That on and to read as follows: Walla Walla Sweet Onions, or after the effective date hereof, all combinations thereof, during any period handling of sweet onions grown in the § 956.60 Marketing policy. or periods; Walla Walla Valley of Southeast (a) Preparation. Prior to each (2) Regulate the handling of particular Washington and Northeast Oregon, shall marketing season, the committee shall grades, sizes, qualities, or maturities of be in conformity to, and in compliance consider and prepare a proposed policy Walla Walla Sweet Onions differently, with, the terms and conditions of the for the marketing of Walla Walla Sweet for different varieties or packs, or for said order as hereby amended as Onions. In developing its marketing any combination of the foregoing, follows: policy, the committee shall investigate during any period or periods; The provisions of the proposed relevant supply and demand conditions (3) Provide a method, through rules marketing agreement and order for Walla Walla Sweet Onions. In such and regulations issued pursuant to this amendments contained in the investigations, the committee shall give part, for fixing the size, capacity, Secretary’s Decision issued by the appropriate consideration to the weight, dimensions, markings or pack of Administrator on November 13, 1998, following: the container or containers, which may 4934 Federal Register / Vol. 64, No. 20 / Monday, February 1, 1999 / Rules and Regulations be used in the packaging or handling of 7. In part 956, a new center heading recommended by the committee, and Walla Walla Sweet Onions, including and § 956.70 are added to read as approved by the Secretary. appropriate logo or other container follows: (c) Upon recommendation of the markings to identify the contents Inspection committee, and approval of the thereof; Secretary, all Walla Walla Sweet Onions (4) Regulate the handling of Walla § 956.70 Inspection and certification. that are required to be inspected and Walla Sweet Onions by establishing, in (a) During any period in which certified in accordance with this section terms of grades, sizes, or both, minimum shipments of Walla Walla Sweet Onions shall be identified by appropriate seals, standards of quality and maturity. are regulated pursuant to this subpart, stamps, tags, or other identification to (b) The Secretary may amend any no handler shall handle Walla Walla be furnished by the committee and regulation issued under this part Sweet Onions unless such onions are affixed to the containers by the handler whenever the Secretary finds that such inspected by an authorized under the direction and supervision of amendment would tend to effectuate the representative of the Federal-State the Federal-State or Federal inspector, declared policy of the Act. The Inspection Service, or such other or the committee. Master containers Secretary may also terminate or suspend may bear the identification instead of any regulation or amendment thereof inspection service as the Secretary shall the individual containers within said whenever the Secretary finds that such designate and are covered by a valid master container. regulation or amendment obstructs or inspection certificate, except when no longer tends to effectuate the relieved from such requirements (d) Insofar as the requirements of this declared policy of the Act. pursuant to §§ 956.63 or 956.64, or both. section are concerned, the length of time 6. Section 956.64 is revised to read as Upon recommendation of the for which an inspection certificate is follows: committee, with approval of the valid may be established by the Secretary, inspection providers and committee with the approval of the § 956.64 Minimum quantities. certification requirements may be Secretary. During any period in which modified to facilitate the handling of (e) When Walla Walla Sweet Onions shipments of Walla Walla Sweet Onions Walla Walla Sweet Onions. are inspected in accordance with the are regulated pursuant to this part, each (b) Regrading, resorting, or repacking requirements of this section, a copy of handler may handle up to, but not to any lot of Walla Walla Sweet Onions each inspection certificate issued shall exceed, 2,000 pounds of Walla Walla shall invalidate prior inspection be made available to the committee by Sweet Onions per shipment without certificates insofar as the requirements the inspection service. regard to the inspection requirements of of this section are concerned. No (f) The committee may enter into an this part: Provided, That such Walla handler shall ship Walla Walla Sweet agreement with an inspection service Walla Sweet Onion shipments meet the Onions after they have been regraded, with respect to the costs of the minimum requirements in effect at the resorted, repacked, or in any other way inspection as provided by paragraph (a) time of the shipment pursuant to further prepared for market, unless such of this section, and may collect from § 956.62. The committee, with the onions are inspected by an authorized handlers their respective pro rata shares approval of the Secretary, may representative of the Federal-State of such costs. recommend modifications to this Inspection Service, or such other section and the establishment of such inspection service as the Secretary shall Dated: January 26, 1999. other minimum quantities below which designate: Provided, That such Enrique E. Figueroa, Walla Walla Sweet Onion shipments inspection requirements on regraded, Administrator, Agricultural Marketing will be free from the requirements in, or resorted, or repacked Walla Walla Sweet Service. pursuant to, §§ 956.42, 956.62, 956.63, Onions may be modified, suspended, or [FR Doc. 99–2371 Filed 1–29–99; 8:45 am] and 956.70, or any combination thereof. terminated under rules and regulations BILLING CODE 3410±02±P federal register February 1,1999 Monday Rehabilitation Research;Notice National InstituteonDisabilityand Education Department of Part III 4935 4936 Federal Register / Vol. 64, No. 20 / Monday, February 1, 1999 / Notices

DEPARTMENT OF EDUCATION every adult American to possess the Description of Rehabilitation Research skills necessary to compete in a global and Training Centers National Institute on Disability and economy. Rehabilitation Research RRTCs are operated in collaboration The authority for the Secretary to with institutions of higher education or AGENCY: Department of Education. establish research priorities by reserving providers of rehabilitation services or ACTION: Notice of Proposed Funding funds to support particular research other appropriate services. RRTCs serve Priorities for Fiscal Years 1999–2000 for activities is contained in sections 202(g) as centers of national excellence and a Center and Certain Projects. and 204 of the Rehabilitation Act of national or regional resources for 1973, as amended (29 U.S.C. 762(g) and providers and individuals with SUMMARY: The Secretary proposes 764). disabilities and the parents, family funding priorities for one Rehabilitation Research and Training Center (RRTC) The Secretary will announce the final members, guardians, advocates or and two Disability and Rehabilitation priorities in a notice in the Federal authorized representatives of the Research Projects (DRRPs) under the Register. The final priorities will be individuals. National Institute on Disability and determined by responses to this notice, RRTCs conduct coordinated, Rehabilitation Research (NIDRR) for available funds, and other integrated, and advanced programs of fiscal years 1999–2000. The Secretary considerations of the Department. research in rehabilitation targeted takes this action to focus research Funding of a particular project depends toward the production of new attention on areas of national need. on the final priority, the availability of knowledge to improve rehabilitation These priorities are intended to improve funds, and the quality of the methodology and service delivery rehabilitation services and outcomes for applications received. The publication systems, to alleviate or stabilize individuals with disabilities. of these proposed priorities does not disabling conditions, and to promote DATES: Comments must be received on preclude the Secretary from proposing maximum social and economic or before March 3, 1999. additional priorities, nor does it limit independence of individuals with disabilities. ADDRESSES: All comments concerning the Secretary to funding only these these proposed priorities should be priorities, subject to meeting applicable RRTCs provide training, including addressed to Donna Nangle, U.S. rulemaking requirements. graduate, pre-service, and in-service Department of Education, 400 Maryland training, to assist individuals to more Avenue, SW, room 3418, Switzer Note: This notice of proposed priorities effectively provide rehabilitation Building, Washington, DC 20202–2645. does not solicit applications. A notice services. They also provide training Comments may also be sent through the inviting applications under this competition including graduate, pre-service, and in- Internet: [email protected] will be published in the Federal Register service training, for rehabilitation You must include the term ‘‘NIDRR concurrent with or following the publication research personnel and other Center and Projects Proposed Priorities’’ of the notice of final priorities. rehabilitation personnel. in the subject line of your electronic Rehabilitation Research and Training RRTCs serve as informational and message. Centers technical assistance resources to FOR FURTHER INFORMATION CONTACT: providers, individuals with disabilities, Donna Nangle. Telephone: (202) 205– Authority for the RRTC program of and the parents, family members, 5880. Individuals who use a NIDRR is contained in section 204(b)(2) guardians, advocates, or authorized telecommunications device for the deaf of the Rehabilitation Act of 1973, as representatives of these individuals (TDD) may call the TDD number at (202) amended (29 U.S.C. 764(b)(2)). Under through conferences, workshops, public 205–9136. Internet: this program the Secretary makes education programs, in-service training [email protected] awards to public and private programs and similar activities. Individuals with disabilities may organizations, including institutions of RRTCs disseminate materials in obtain this document in an alternate higher education and Indian tribes or alternate formats to ensure that they are format (e.g., Braille, large print, tribal organizations for coordinated accessible to individuals with a range of audiotape, or computer diskette) on research and training activities. These disabling conditions. request to the contact person listed in entities must be of sufficient size, scope, the preceding paragraph. and quality to effectively carry out the NIDRR encourages all Centers to involve individuals with disabilities SUPPLEMENTARY INFORMATION: This activities of the Center in an efficient and individuals from minority notice contains proposed priorities manner consistent with appropriate backgrounds as recipients of research under the Disability and Rehabilitation State and Federal laws. They must training, as well as clinical training. Research Projects and Centers Program demonstrate the ability to carry out the for one RRTC related to health and training activities either directly or The Department is particularly wellness for persons with long-term through another entity that can provide interested in ensuring that the disabilities, and two DRRPs related to: that training. expenditure of public funds is justified health care services for persons with by the execution of intended activities disabilities; and medical rehabilitation The Secretary may make awards for and the advancement of knowledge and, services for persons with disabilities. up to 60 months through grants or thus, has built this accountability into There are references in the proposed cooperative agreements. The purpose of the selection criteria. Not later than priorities to NIDRR’s proposed Long- the awards is for planning and three years after the establishment of Range Plan (LRP). The proposed LRP conducting research, training, any RRTC, NIDRR will conduct one or can be accessed on the World Wide Web demonstrations, and related activities more reviews of the activities and at: http://www.ed.gov/legislation/ leading to the development of methods, achievements of the Center. In FedRegister/announcements/1998-4/ procedures, and devices that will accordance with the provisions of 34 102698a.html benefit individuals with disabilities, CFR 75.253(a), continued funding These proposed priorities support the especially those with the most severe depends at all times on satisfactory National Education Goal that calls for disabilities. performance and accomplishment. Federal Register / Vol. 64, No. 20 / Monday, February 1, 1999 / Notices 4937

Priorities (2) Evaluate the impact of selected DRRPs improve the effectiveness of Under 34 CFR 75.105(c)(3) the health maintenance strategies on the services authorized under the Secretary proposes to give an absolute incidence and severity of secondary Rehabilitation Act of 1973, as amended. conditions and other outcomes such as preference to applications that meet the Proposed Research Priorities in Health function, independence, general health following priority. The Secretary Care and Medical Rehabilitation status, and quality of life; proposes to fund under this competition Services for Persons With Disabilities only applications that meet this priority. (3) Identify and evaluate best practices in health promotion activities Introduction Proposed Priority 1: Health and for persons with long-term disabilities; Wellness for Persons With Long-term (4) Provide training on: (i) research Chapter 4 of NIDRR’s proposed LRP Disabilities methodology and applied research (63 FR 57202) discusses the health care experience; and (ii) knowledge gained service and medical rehabilitation Introduction from the Center’s research activities to service needs of persons with Chapter Four of NIDRR’s proposed persons with disabilities and their disabilities. The demand for these LRP (63 FR 57190–57219) focuses on families, service providers, and other services is expected to continue to grow maximizing health and function for parties, as appropriate; in the coming decades because of persons with disabilities. Health (5) Develop informational materials increased potential for survival after maintenance for persons with based on knowledge gained from the trauma and disease, prevalence of disabilities includes not only access to Center’s research activities, and disability related to the general aging of care for routine health problems and disseminate the materials to persons the population, and the incidence of appropriate specialty care including with disabilities, their representatives, persons with disabilities acquiring medical rehabilitation, but also service providers, and other interested secondary disabilities or chronic participation in health promotion and parties; conditions. NIDRR proposes to establish wellness activities. (6) Involve individuals with a research agenda that examines access The National Center for Health disabilities and, if appropriate, their to the continuum of health care services, Statistics defined long-term disabilities representatives, in planning and and changes in medical rehabilitation as ‘‘long-term reduction in activity implementing its research, training, and service systems, including demands that resulting from chronic disease or dissemination activities, and in new populations of persons with impairment.’’ For the purpose of this evaluating the Center; disabilities are placing on medical priority, long-term disabilities include (7) Conduct a conference on the rehabilitation service systems. cerebral palsy, multiple sclerosis, post- findings of the RRTC and publish a There has been insufficient research polio, amputation, and spinal cord comprehensive report on the final on the access of persons with injury. This center will assess the health outcomes of the conference. The report disabilities to the continuum of health maintenance and promotion practices of must be published in the fourth year of care services. Access to this continuum, persons with long-term disabilities. the grant; and including primary, acute, and long-term (8) Coordinate with other entities NIDRR expects this research to clarify health care services over the course of carrying out related research or training whether specialized assessment and a lifetime, bears directly on quality of activities. health promotion activities are required life issues. By developing new In carrying out these purposes, the for persons with long-term disabilities, knowledge about access to the RRTC must coordinate with health and and how health promotion activities continuum of health care services for wellness research and demonstration affect the incidence of secondary persons with disability, NIDRR expects activities sponsored by the National conditions. the DRRP on health care services to For the purpose of this priority, health Center on Medical Rehabilitation contribute to persons with disabilities promotion strategies include alternative Research, the Department of Veterans maintaining their health and decreasing therapies (e.g., therapeutic massage, Affairs, and the Centers for Disease the occurrence of secondary conditions. acupuncture), stress management Control and Prevention. practices, physical exercise, nutrition, Medical rehabilitation service systems Disability and Rehabilitation Research are changing in response to a number of and other activities designed to promote Projects healthy lifestyle and social well-being. factors. One major factor is the rise of These strategies are vitally important in Authority for Disability and managed care as the dominant form of maintaining health and wellness. Rehabilitation Research Projects organization and payment for health NIDRR expects the RRTC, through its (DRRPs) is contained in section 204(a) care services, including medical training and dissemination activities, to of the Rehabilitation Act of 1973, as rehabilitation services. In addition, as encourage self-directed health amended (29 U.S.C. 764(a)). DRRPs discussed in the proposed LRP, new promotion activities. carry out one or more of the following populations of persons with disabilities types of activities, as specified in 34 are emerging and placing new demands Proposed Priority CFR 350.13–350.19: research, on medical rehabilitation service The Secretary proposes to establish an development, demonstration, training, systems. NIDRR expects the DRRP on RRTC for the purpose of developing dissemination, utilization, and technical medical rehabilitation services to strategies for health maintenance and assistance. Disability and Rehabilitation generate new knowledge about these reducing secondary conditions for Research Projects develop methods, changes in order to assist service persons with long-term disabilities. The procedures, and rehabilitation providers and consumers to achieve RRTC must: technology that maximize the full desired rehabilitation outcomes. For the (1) Evaluate health assessment inclusion and integration into society, purpose of the proposed priority, definitions, policies and practices, and employment, independent living, family emergent disabilities include, but are measurement methodologies and support, and economic and social self- not limited to, AIDS, Attention Deficit instruments, and describe their impact sufficiency of individuals with Hyperactivity Disorder, violence- on health promotion activities for disabilities, especially individuals with induced neurological damage, repetitive persons with long-term disabilities; the most severe disabilities. In addition, motion syndromes, childhood asthma, 4938 Federal Register / Vol. 64, No. 20 / Monday, February 1, 1999 / Notices drug addiction, and environmental qualifications of personnel, and Department. Telephone: (202) 219–1511 illnesses. payment systems; and or, toll free, 1–800–222–4922. The (2) Develop a methodology to analyze documents are located under Option Proposed Priority 2: Health Care the impact of these changes on G—Files/Announcements, Bulletins and Services for Persons With Disabilities outcomes; Press Releases. The Secretary proposes to fund a (3) Identify the nature and extent of Note: The official version of this document DRRP to improve the continuum of the need for medical rehabilitation is the document published in the Federal health care services for persons with services by persons with emergent Register. disabilities over their lifetime. The disabilities; DRRP must: (4) Analyze persons with emergent Invitation to Comment (1) Analyze the access of persons with disabilities’ access to medical disabilities to the continuum of health rehabilitation services; and Interested persons are invited to care services and identify successful (5) Identify strategies to improve submit comments and recommendations service delivery strategies and barriers access by persons with emergent regarding these proposed priorities. All to access to the continuum; and disabilities to medical rehabilitation comments submitted in response to this (2) Based on paragraph (1), develop services. notice will be available for public strategies to improve access to the inspection, during and after the continuum of health care services. Electronic Access to This Document comment period, in Room 3424, Switzer In carrying out the purposes of the Anyone may view this document, as Building, 330 C Street S.W., priority, the project must: well as all other Department of Washington, D.C., between the hours of • Address the health care needs of Education documents published in the 9:00 a.m. and 4:30 p.m., Monday persons with disabilities of all ages; and • Federal Register, in text or portable through Friday of each week except Coordinate with the RRTC on document format (pdf) on the World Federal holidays. Managed Care for Persons with Wide Web at either of the following Disabilities. Applicable Program Regulations: 34 CFR sites: Part 350. Proposed Priority 3: Medical http://ocfo.ed.gov/fedreg.html Program Authority: 29 U.S.C. 760–762. Rehabilitation Services for Persons With http://www.ed.gov/news.html Disabilities (Catalog of Federal Domestic Assistance To use the pdf you must have the Adobe Number 84.133A, Disability and The Secretary proposes to establish a Acrobat Reader Program with Search, Rehabilitation Research Projects, and DRRP to improve medical rehabilitation which is available free at either of the 84.133B, Rehabilitation Research and services for persons with disabilities, preceding sites. If you have questions Training Centers) about using the pdf, call the U.S. especially those with emergent Dated: January 26, 1999. disabilities. The DRRP must: Government Printing Office at (202) (1) Describe the changes taking place 512–1530 or, toll free at 1–888–293– Judith E. Heumann, in the delivery of medical rehabilitation 6498. Assistant Secretary for Special Education and services including, but not limited to, Anyone may also view these Rehabilitative Services. those related to the setting where documents in text copy only on an [FR Doc. 99–2248 Filed 1–29–99; 8:45 am] services are provided, length of stay, electronic bulletin board of the BILLING CODE 4000±01±P federal register February 1,1999 Monday Year 1999;Notice Proposed ComprehensivePlanforFiscal Delinquency Prevention Office ofJuvenileJusticeand Justice Department of Part IV 4939 4940 Federal Register / Vol. 64, No. 20 / Monday, February 1, 1999 / Notices

DEPARTMENT OF JUSTICE Overview These responsibilities are outlined After a steady climb in the rates of briefly below. Office of Juvenile Justice and juvenile violent crime arrests, resulting In 1974, the JJDP Act established Delinquency Prevention OJJDP as the Federal agency responsible in an increase of 60 percent between for providing national leadership, [OJP (OJJDP)±1204] 1988 and 1994, the Nation experienced coordination, and resources to develop a substantial, 23 percent, decline in the and implement effective methods to Proposed Comprehensive Plan for 3 years between 1994 and 1997. More prevent and reduce juvenile Fiscal Year 1999 notable were the trends in the juvenile delinquency and improve the quality of arrest rate for murder, which, after AGENCY: Office of Justice Programs, juvenile justice in the United States. doubling between 1987 and 1993, Office of Juvenile Justice and OJJDP administers State Formula Grants dropped by more than 40 percent Delinquency Prevention, Justice. under Part B of Title II, State Challenge between 1993 and 1997. In addition, in ACTION: Notice of proposed program Grants under Part E of Title II, and the discussion of trends, it is important plan for fiscal year 1999. Community Prevention Grants under to note that in any given year less than 1 Title V of the JJDP Act to assist States SUMMARY: The Office of Juvenile Justice ⁄2 of 1 percent of this country’s and territories to fund a range of and Delinquency Prevention is juveniles ages 10 to 17 are arrested for delinquency prevention, control, and publishing this notice of its Proposed violent crime. Even though rates have juvenile justice system improvement Comprehensive Plan for fiscal year (FY) been dropping, however, they are still activities. OJJDP provides support 1999. more than 20 percent higher than the activities for these and other programs DATES: Comments must be received on average rate of the years between 1980 under statutory set-asides that are used or before March 18, 1999. and 1988. to provide related research, evaluation, The serious concerns engendered by ADDRESSES: Comments may be mailed to statistics, demonstration, and training the increase in violent juvenile crime in and technical assistance services. OJJDP Shay Bilchik, Administrator, Office of the 1980’s led many States to enact Juvenile Justice and Delinquency also funds Special Emphasis programs legislation to address the changing authorized under Part C; school and Prevention, 800 K Street, NW., Third nature of juvenile delinquency and to Floor, Washington, DC 20531. community-based gang prevention, use a more accountability-based intervention, and suppression programs FOR FURTHER INFORMATION CONTACT: approach in dealing with serious violent Eileen M. Garry, Director, Information under Part D; and mentoring programs juvenile offenders. At the same time, a under Part G of Title II of the JJDP Act; Dissemination Unit, at 202–307–5911. national dialog began over how best to [This is not a toll-free number.] funds numerous research, evaluation, reform the juvenile justice system to statistics, demonstration, training and SUPPLEMENTARY INFORMATION: The Office make it more effective in preventing and technical assistance, and information of Juvenile Justice and Delinquency intervening with juvenile delinquency dissemination activities through its Prevention (OJJDP) is a component of and victimization and in protecting the National Institute for Juvenile Justice the Office of Justice Programs in the public. In order to see this become a and Delinquency Prevention; U.S. Department of Justice. Pursuant to reality, the positive achievements of administers the Drug Prevention the provisions of Section 204(b)(5)(A) of recent years should lead not to Program, the Underage Drinking the Juvenile Justice and Delinquency complacency, but to a renewed Program, the Safe Schools Initiative, a Prevention Act of 1974, as amended, 42 commitment to continue to pursue the Native American discretionary grants U.S.C. 5601 et seq. (JJDP Act), the research-based, comprehensive program, the Safe Start: Children Administrator of OJJDP is publishing for approach to problems of delinquency, Exposed to Violence Initiative, and the public comment a Proposed violence, and victimization that OJJDP Juvenile Accountability Incentive Block Comprehensive Plan describing the inaugurated with the publication in Grants program. OJJDP also coordinates program activities that OJJDP proposes December 1993 of its Comprehensive Federal activities related to juvenile to carry out during Fiscal Year (FY) Strategy for Serious, Violent, and justice and delinquency prevention. 1999. The Proposed Comprehensive Chronic Juvenile Offenders. OJJDP serves as the staff agency for Plan includes activities authorized in It is encouraging that in recent years the Coordinating Council on Juvenile Parts C and D of Title II of the JJDP Act, communities have begun to take on this Justice and Delinquency Prevention, codified at 42 U.S.C. 5651–5665a, 5667, work and make the commitment needed coordinates the Concentration of 5667a. Taking into consideration to make a comprehensive strategy a Federal Efforts Program, and comments received on this Proposed reality. More and more communities are administers both the Title IV Missing Comprehensive Plan, the Administrator coming to the understanding that a long- and Exploited Children’s Program and will develop and publish a Final term, consistent commitment will be programs under the Victims of Child Comprehensive Plan describing the required to reduce juvenile Abuse Act of 1990, as amended, 42 particular program activities that OJJDP delinquency, violence, and U.S.C. 13001 et seq. intends to fund during FY 1999, using victimization and to ensure public OJJDP focuses its assistance on the in whole or in part funds appropriated safety. development and implementation of under Parts C and D of Title II of the This Proposed Comprehensive Plan programs with the greatest potential for JJDP Act. describes OJJDP’s plans for funding reducing juvenile delinquency and Notice of the official solicitation of activities authorized under Part C improving the juvenile justice system by grant or cooperative agreement (National Programs) and Part D (Gang- establishing partnerships with State and applications for competitive programs to Free Schools and Communities; local governments, American Indian be funded under the Final Community-Based Gang Intervention) of and Alaska Native jurisdictions, and Comprehensive Plan will be published Title II of the Juvenile Justice and public and private agencies and at a later date in the Federal Register. Delinquency Prevention (JJDP) Act. The organizations. OJJDP performs its role of No proposals, concept papers, or other activities authorized under Parts C and national leadership in juvenile justice forms of application should be D make up part of OJJDP’s overall and delinquency prevention through a submitted at this time. responsibilities under the JJDP Act. cycle of activities. These include Federal Register / Vol. 64, No. 20 / Monday, February 1, 1999 / Notices 4941 collecting data and statistics to • Review of comments from youth • Compliance with any special determine the extent and nature of service providers, juvenile justice conditions of the award. issues affecting juveniles; funding practitioners, and researchers who • Availability of funds (based on research that can lead to demonstrations provide input in proposed new program appropriations and program priority funded by discretionary grants; areas. determinations). evaluating demonstration projects; • Consideration of suggestions made In accordance with section 262 sharing lessons learned from the field by juvenile justice policymakers (d)(1)(B) of the JJDP Act, as amended, 42 with practitioners through a range of concerning State and local needs. U.S.C. 5665a, the competitive process information dissemination vehicles; • Consideration of all comments for the award of Part C funds is not providing seed money to States through received during the period of public required if the Administrator makes a formula and block grants to implement comment on this Proposed written determination waiving the projects or reform efforts; and providing Comprehensive Plan. competitive process: 1. With respect to programs to be training and technical assistance to Discretionary Program Activities assist States and local governments to carried out in areas in which the implement programs effectively and to Discretionary Grant Continuation Policy President declares under the Robert T. maintain the integrity of model OJJDP has listed on the following Stafford Disaster Relief and Emergency programs as they are being replicated. pages continuation projects currently Assistance Act codified at 42 U.S.C. It is important to note that OJJDP funded in whole or in part with Part C 5121 et seq. that a major disaster or emphasizes coordination with other and Part D funds and eligible for emergency exists, or Office of Justice Program (OJP) continuation funding in FY 1999, either 2. With respect to a particular components and other Federal agencies within an existing project period or program described in Part C that is whenever possible to concentrate through an extension for an additional uniquely qualified. Federal resources to achieve maximum project period. A grantee’s eligibility for Program Goals results from its programs and initiatives. continued funding for an additional budget period within an existing project The three goals listed below This coordination, which is evidenced constitute the major elements of a sound in many of the program descriptions period depends on the grantee’s compliance with funding eligibility policy that ensures public safety and that follow, includes joint funding, security while establishing effective interagency agreements, and requirements and achievement of the prior year’s objectives. The amount of juvenile justice and delinquency partnerships to develop, implement, prevention programs. Underlying each and evaluate projects. More important, award is based on prior projections, demonstrated need, and fund of the goals is the overarching premise it is critical that the reader become that their achievement is vital to familiar with the program activities of availability. The only projects described in this protecting the long-term safety of the the other OJP Bureaus and Offices as public from juvenile delinquency and reflected in the Office of Justice Proposed Program Plan are those that would receive Part C or Part D FY 1999 violence. Programs Fiscal Year 1999 Program • Delinquency Prevention and Early Plan. The work undertaken in OJP in continuation funding under project period or discretionary continuation Intervention. OJJDP promotes many instances cuts across components delinquency prevention and early and areas of practice; therefore, the assistance awards and programs that OJJDP is considering for new awards in intervention efforts that reduce the flow work undertaken by OJJDP should be of juvenile offenders into the juvenile viewed as part of a larger OJP FY 1999. Readers should note that they will not find descriptions of other OJJDP justice system, the numbers of serious composite. and violent offenders, and the Considering all the factors discussed programs, including mentoring programs under Part G of Title II of the development of chronic delinquent above, OJJDP has prepared this careers. While removing serious and Proposed Comprehensive Plan for FY JJDP Act, the Drug Prevention Program, the Underage Drinking Program, the violent juvenile offenders from the 1999 for activities authorized under Part street serves to protect the public, long- C (National Programs) and Part D (Gang- Safe Schools Initiative, the Native American discretionary grants program, term solutions lie primarily in taking Free Schools and Communities; the Safe Start: Children Exposed to aggressive steps to stop delinquency Community-Based Gang Intervention) of Violence Initiative, and the Juvenile before it starts or becomes a pattern of Title II of the JJDP Act, as described in Accountability Incentive Block Grants behavior. the following pages. • program. When appropriate, separate Improvement of the Juvenile Justice Fiscal Year 1999 Program Planning solicitations are issued for applications System. OJJDP seeks to improve the Activities for funding for programs that are not juvenile justice system and the response of the system to juvenile delinquents, The OJJDP program planning process authorized under Parts C and D. Consideration for continuation status offenders, and dependent, for FY 1999 is being coordinated with funding for an additional project period neglected, and abused children. the Assistant Attorney General, Office of • for previously funded discretionary Corrections, Detention, and Justice Programs (OJP), and all OJP grant programs will be based upon Community-Based Alternatives. OJJDP components. The program planning several factors, including the following: supports efforts to preserve the public process involves the following steps: • safety through the appropriate • The extent to which the project Internal review of existing programs responds to the applicable requirements development and best use of secure by OJJDP staff. of the JJDP Act. detention and corrections options, while • Internal review of proposed • Responsiveness to OJJDP and at the same time fostering the use of programs by OJP bureaus and Department of Justice FY 1999 program community-based programs for juvenile Department of Justice components. priorities. offenders. • Review of information and data • Compliance with performance In pursuing these broad goals, OJJDP from OJJDP grantees and contractors. requirements of prior grant years. divides its programs into four • Review of information contained in • Compliance with fiscal and categories: public safety and law State comprehensive plans. regulatory requirements. enforcement; strengthening the juvenile 4942 Federal Register / Vol. 64, No. 20 / Monday, February 1, 1999 / Notices justice system; delinquency prevention National Juvenile Justice Action Plan sex offender typology; studies of risk and intervention; and child abuse and released in 1996. This Action Plan, reduction for delinquency, substance neglect and dependency courts. A fifth which grew out of the Comprehensive abuse, and school failure in school category, overarching programs, Strategy, provides eight objectives to children and of delinquency and contains programs that have significant reduce juvenile violence and describes attention deficit/hyperactivity disorder; elements common to more than one of ways to meet these objectives. OJJDP and censuses and surveys related to the other four categories. Following the proposes to continue to support confinement and probation. Continued introductory section below, the development and refinement of the support would be provided for programs that OJJDP proposes to fund in Comprehensive Strategy and training evaluations of the SafeFutures initiative, FY 1999 are listed and summarized and technical assistance to help Safe Kids/Safe Streets, Partnerships To within these five categories. jurisdictions begin to implement it by Reduce Juvenile Gun Violence, developing a continuum of care to deal Intensive Community-Based Aftercare, Introduction to Fiscal Year 1999 with both juvenile offenders and teen court training and technical Program Plan juveniles at risk of becoming offenders. assistance, and several gang-related Since 1993, when it published the Development, dissemination, and programs. Comprehensive Strategy for Serious, support of the Comprehensive Strategy OJJDP is also considering support for Violent, and Chronic Juvenile Offenders, and the Action Plan are prime examples new programs in several areas related to OJJDP has been advocating that States, of how OJJDP’s national leadership is emerging issues facing the juvenile local governments, and communities instrumental in moving the field from justice system. This Proposed Plan does adopt this research-based innovation to infrastructure. not include descriptions of any specific comprehensive strategy approach to OJJDP-funded programs that new programs. Ideas for possible address the problems of juvenile crime emphasize early prevention and family programming are discussed generally and victimization. OJJDP has involve a variety of approaches, below. It must be emphasized that this synthesized decades of research and including parent training, nurse-based wide range of possibilities exceeds practice from practitioners and home visitation for at-risk first-time OJJDP’s ability to provide new funding. established a framework for mothers, problem solving, parent OJJDP wants to consider comments from implementing an effective juvenile support groups led by parents policymakers, researchers, practitioners, justice system. Through support of themselves, multisystemic therapy, and and other concerned citizens about the research, demonstration programs, and training and technical assistance for broad areas it is considering before training and technical assistance, OJJDP replicating exemplary programs. Other prioritizing those areas and identifying encourages States, local governments, prevention programs reach out to youth new programs to be supported with the and communities to use the in the schools and the community. They discretionary funding that is available. Comprehensive Strategy to develop include youth development, conflict Dissemination of information to the coordinated, communitywide resolution, mentoring, career field is an important OJJDP function. approaches to preventing and preparation, truancy reduction, drug Information dissemination support intervening with juvenile delinquency prevention, violence prevention, and under consideration would focus on and victimization. OJJDP focuses its antigang outreach programs. events, programs, and activities relating support on programs and initiatives that Efforts involving intervention, to the 1999 centennial of the juvenile further one or more of the basic accountability, and sanctions include court; on findings from summits, policy principles of the Comprehensive dissemination of the principles of forums, centers, and education Strategy: balanced and restorative justice, campaigns devoted to preventing crime • Strengthen families in their role of emphasis on reducing overcrowding and violence, including gun violence, guiding, disciplining, and instilling and disproportionate minority whether deliberate or accidental; on sound values in their children. confinement in secure facilities, gender- public outreach, especially to youth, via • Support core social institutions and specific services targeted to female television programming, public service their role in supporting families and juvenile offenders, intensive aftercare announcements, videos, and CD-ROMS helping children develop to their services, services for chemically that encourage and model development maximum potential. involved young people, and a of life skills and decisionmaking • Promote prevention strategies and communitywide approach to preventing abilities in regard to key issues. activities that reduce the impact of and suppressing gangs. Funds are also Dissemination efforts would also be negative (risk) factors and enhance the provided for collaborations between directed toward supporting various influence of positive (protective) factors police and health services agencies and critical partners with juvenile justice in the lives of youth at greatest risk of for appropriate training for legislators, system responsibilities, such as city and delinquency. prosecutors, and line staff in secure county officials, legislators, and • Intervene immediately and facilities. Governors, to inform them of effective appropriately at the first signs of trouble Research and evaluation can assure strategies and approaches to prevent in a child’s life and establish a system policymakers, practitioners, and the delinquency and improve the juvenile of graduated sanctions and a continuum public that juvenile justice is moving in justice system. of services to respond appropriately to the right direction and that programs OJJDP is considering providing the needs of each juvenile offender. being supported do indeed work. OJJDP funding to increase existing training and • Protect the public from the most proposes to continue supporting a range technical assistance capacity in the area serious, violent, and chronic juvenile of research studies, including its of jobs and vocational training for offenders by providing for their landmark study of the causes and juveniles involved in the justice system. incapacitation while at the same time correlates of delinquency; studies of The purpose would be to enable them addressing their treatment needs. very young offenders and of the origins to gain skills, knowledge, and For the fourth consecutive year, OJJDP of and pathways to youth violence; a experience that would help them proposes a Program Plan rooted in its cost-benefit analysis of juvenile justice succeed in the workplace. Comprehensive Strategy. The Plan also programs; analyses of a range of juvenile Effective use of information sharing supports the Coordinating Council’s justice data; development of a juvenile and the design and implementation of Federal Register / Vol. 64, No. 20 / Monday, February 1, 1999 / Notices 4943 management information systems (MIS) need to do to promote the use of valid Intensive Services for Juveniles and are important issues for juvenile justice risk and needs assessments? Families practitioners. OJJDP proposes to support In the broad area of prevention, OJJDP Delancy Street training and technical assistance efforts would focus on supporting programs Juvenile Justice Program in Alaska to model information sharing and to that offer positive growth experiences to National Association of State Fire replicate best practices in MIS. youth. Examples would include Marshals In the area of child abuse and neglect, afterschool programs targeted at high- Syracuse-Onondaga County Drug and OJJDP is considering support for a risk youth, model recreation and parks Alcohol Abuse Commission program that helps older foster children programs, and other types of programs Law-Related Education make the transition from foster care to and services that promote delinquency Hamilton Fish National Institute on independent adult living. Another prevention and positive youth School and Community Violence approach to reducing child abuse and development. In addition, OJJDP has been directed neglect is to support the efforts of Finally, in the area of research, OJJDP to examine each of the following, community-based organizations to build is interested in studies that concentrate provide assistance if warranted, and their capacity to respond appropriately on the needs of at-risk female juveniles report to the Committees on to abused and neglected children. OJJDP and girls involved in the juvenile justice Appropriations of both the House and also proposes to evaluate the system. Demonstration programs the Senate on its intention for each effectiveness of children’s advocacy focusing on girls would also be proposal: centers, which are designed to prevent considered for funding. Low Country Children’s Center the inadvertent revictimization of an Together, the programs in this Center for Prevention of Juvenile Crime abused child by the judicial and social Proposed Plan constitute a practical, and Delinquency at Prairie View service systems in their efforts to protect multifaceted, and comprehensive University the child. approach to effectively preventing Project O.A.S.I.S. Recognizing that school failure is a juvenile delinquency and victimization. Consortium on Children, Families, and Law risk factor for delinquency and a barrier Fiscal Year 1999 Programs to positive development, OJJDP Women of Vision Program for Youthful proposes to join with the U.S. The following are brief summaries of Female Offenders Department of Education to sponsor a each of the new and continuation Violence Institute of New Jersey center for students with learning programs proposed to receive Part C and L.A. Bridges Youth Programs disabilities in the juvenile justice Part D funding in FY 1999. As indicated Compton Youth Intervention Center for system. Interagency coordination above, the program categories are public AfterSchool Programs between the Departments of Justice and safety and law enforcement; Kids With a Promise Program Operation Quality Time Education would enhance justice strengthening the juvenile justice Achievable Dream Program system knowledge and use of research- system; delinquency prevention and Secure School Pilot Program based strategies and practices and the intervention; and child abuse and Youth Advocates Program provisions of the Individuals with neglect and dependency courts. Camden Urban Science Enrichment Disabilities Education Act. The center However, because many programs have Program would provide guidance and assistance significant elements of more than one of these program categories or generally Juvenile Crime Reduction Strategies to States, schools, justice programs, Pilot Program families, and communities to design, support all of OJJDP’s programs, they are listed in an initial program category, School Security Technology Center implement, and evaluate comprehensive New Mexico Cooperative Service called overarching programs. With educational programs based on Extension 4-H Youth Development regard to implementation sites and other research-validated practices, for Program descriptive data and information, students with disabilities within the Adolescent Residential Treatment program priorities within each category juvenile justice system. Program will be determined based on grantee As communities seek to adopt Coalition for Drug-Free Lanai performance, application quality, fund effective methods of dealing with Youth Courts in Alaska availability, and other factors. Programs juvenile offenders, OJJDP proposes to Sioux Falls, South Dakota School are listed alphabetically within each continue to support efforts to develop District for Youth Programs community justice and balanced and category. South Dakota Unified Judicial System restorative justice approaches to A number of OJJDP programs have Nebraska Commission for Law enhance the effectiveness of the juvenile been identified for funding Enforcement for Youth Programs justice system. consideration by Congress with regard Chicago Public Schools Substance Mental health issues are an integral to the grantee(s), the amount of funds, Abuse Program part of juvenile justice concerns. OJJDP or both. These programs, which are Minnehaha, South Dakota, County is considering funding research to listed below, are not included in the Sheriff’s Office for Youth Programs systematically review, summarize, and program descriptions that follow. Essex Teen Center and other Vermont assess what is known about mentally National Council of Juvenile and Family Coalition for Teen Center’s Members disordered youth in the juvenile justice Court Judges Comprehensive Juvenile Justice Crime system and programs that address Teens, Crime, and the Community Prevention Initiative in Gainesville general and managed mental health care Parents Anonymous, Inc. Multistate Youth Violence Prevention for juvenile justice system involved Juvenile Offender Transition Program Network juveniles. Suffolk University Center for Juvenile State of Hawaii to combat teen OJJDP proposes to explore the critical Justice prostitution operational issue of risk and needs Center for Crimes and Violence Against Safe Places for Kids assessments. What instruments exist, Children The FY 1999 Omnibus how are they being used, and what is Metro Denver Gang Coalition Appropriations Conference agreement their impact? What do communities L.A. Best Youth also urges OJJDP to work with the Head 4944 Federal Register / Vol. 64, No. 20 / Monday, February 1, 1999 / Notices

Start Bureau and other Federal agencies Assessing Alcohol, Drug, and Mental Performance-Based Standards for to coordinate an effort to increase Health Disorders Juvenile Correction and Detention public/private partnerships, such as The CETARY Project Facilities Free to Grow, aimed at strengthening Communities in Schools—Federal Quantum Opportunities Program (QOP) families and communities in their Interagency Partnership Evaluation efforts to reduce the negative effect of Community Anti-Drug Abuse Technical Survey of Juvenile Probation substance abuse and use on the Assistance Voucher Project Technical Assistance to Juvenile development of young children. The Congress of National Black Corrections and Detention (The James Churches: National Anti-Drug Abuse/ E. Gould Memorial Program) Fiscal Year 1999 Program Listing Violence Campaign (NADVC) Technical Assistance to Native Overarching A Demonstration Afterschool Program Americans Diffusion of State Risk- and Protective- TeenSupreme Career Preparation Coalition for Juvenile Justice Factor Focused Prevention Initiative Cost-Benefit Analysis of Juvenile Justice Hate Crime Training and Technical Assistance for Programs Home Visitation National Innovations To Reduce Evaluation of SafeFutures Multisite, Multimodal Treatment Study Disproportionate Minority Insular Area Support of Children With Attention Deficit/ Confinement (The Deborah Ann Intergenerational Transmission of Hyperactivity Disorder Wysinger Memorial Program) Antisocial Behavior Project National Center for Conflict Resolution Training and Technical Support for Juvenile Justice Clearinghouse Education State and Local Jurisdictional Teams Juvenile Justice Statistics and Systems No Hope in Dope Project To Focus on Juvenile Corrections and Development Partnerships for Preventing Violence Detention Overcrowding OJJDP Management Evaluation Contract Proactive Youth Program OJJDP Technical Assistance Support Risk Reduction Via Promotion of Youth Child Abuse and Neglect and Contract—Juvenile Justice Resource Development Dependency Courts Center The SAGE Project and PRIDE Center National Evaluation of the Safe Kids/ Program of Research on the Causes and Afterschool Program Safe Streets Program Correlates of Delinquency Strengthening Services for Chemically Safe Kids/Safe Streets: Community SafeFutures: Partnerships To Reduce Involved Children, Youth, and Approaches to Reducing Abuse and Youth Violence and Delinquency Families Neglect and Preventing Delinquency Technical Assistance to Title V Study Group on Very Young Offenders Overarching Technical Assistance for State Training and Technical Assistance for Legislatures Family Strengthening Programs Coalition for Juvenile Justice Telecommunications Assistance Strengthening the Juvenile Justice This project supports the Coalition in Training and Technical Assistance System its efforts to meet the statutory mandates Coordination for the SafeFutures and through the development of a technical Balanced and Restorative Justice Project Safe Kids/Safe Streets Initiatives assistance capability that provides (BARJ) training, technical assistance, and Public Safety and Law Enforcement Blueprints for Violence Prevention: information to the State Juvenile Justice Training and Technical Assistance The Chicago Project for Violence Advisory Groups. This will be Prevention Building Blocks for Youth Census of Juveniles in Residential accomplished through a series of Comprehensive Community-Wide Placement regional training and information Approach to Gang Prevention, Circles of Care Program workshops and a national conference Intervention, and Suppression Development of the Comprehensive designed to address the needs of the Program Strategy for Serious, Violent, and membership of the Coalition. Evaluation of the Comprehensive Chronic Juvenile Offenders This project would be implemented Community-Wide Approach to Gang Evaluation of the Intensive Community- by the current grantee, the Coalition for Prevention, Intervention, and Based Aftercare Program Juvenile Justice. No additional Suppression Program Evaluation of Teen Courts applications would be solicited in FY Evaluation of the Partnerships To Gender-Specific Programming for 1999. Reduce Juvenile Gun Violence Female Juvenile Offenders Program Cost-Benefit Analysis of Juvenile Justice Intensive Community-Based Aftercare Programs Gang Prevention Through Targeted Demonstration and Technical Outreach (Boys & Girls Clubs) Assistance Program The University of Texas and the National Youth Gang Center Intensive Treatment Family Programs Dallas County Juvenile Department are Partnerships To Reduce Juvenile Gun (ITF) working together to perform a Violence The Juvenile Justice Prosecution Unit substantive cost-benefit analysis of Safe Start—Child Development- Juvenile Residential Facility Census juvenile adjudications in the county to Community-Oriented Policing (CD– Juvenile Sex Offender Typology explore the extent to which the method CP) Juvenile Transfers to Criminal Court can provide better answers to Survey of School-Based Gang Studies increasingly urgent questions by Prevention and Intervention Programs Linking Balanced and Restorative decisionmakers. The work, funded Training and Technical Assistance for Justice and Adolescents (LIBRA) under an FY 1997 competitive grant, is the Rural Gang Initiative National Academy of Sciences Study of examining several important Juvenile Justice methodological and practical issues, Delinquency Prevention and National Juvenile Justice Program including methods of determining Intervention Directory alternative measures for and the extent Advertising Campaign—Investing in The National Longitudinal Survey of of beneficial program effects and Youth for a Safer Future Youth 97 estimating and allocating unit costs- Federal Register / Vol. 64, No. 20 / Monday, February 1, 1999 / Notices 4945 benefit relationships of different Rochester subjects were parents. This additional applications would be programs. Through the process of provides a unique opportunity to solicited in FY 1999. addressing these and related matters examine and track the development of OJJDP Management Evaluation under the guidance of an advisory board delinquent behavior across three Contract composed of individuals directly generations in a particularly high-risk engaged in the juvenile justice field at sample. Results of the study should This contract was competitively the local and State level, the project will provide useful findings with policy awarded in FY 1995 for a period of 3 also show how the method can be made implications for prevention programs. years to provide OJJDP with an expert immediately useful to decisionmakers. The program is being funded under an resource to perform independent This program will be implemented by FY 1998 interagency agreement between program evaluations and assist in the current grantee, the University of OJJDP and the National Institute of implementing evaluation activities. Texas—Dallas. No additional Mental Health. Evaluations may be conducted on applications will be solicited in FY The project will be implemented by OJJDP-funded programs and on other 1999. the current grantee, SUNY Research programs designed to prevent and treat Foundation. No additional applications juvenile delinquency. The time and cost Evaluation of SafeFutures will be solicited in FY 1999. of each evaluation depends on program A national evaluation competitively complexity, availability of data, and Juvenile Justice Clearinghouse awarded with FY 1995 funds is being purpose of the evaluation. Because the conducted by the Urban Institute to A component of the National Criminal purpose of many evaluations is to determine the success of the Justice Reference Service (NCJRS), the inform management decisions, the SafeFutures initiative in creating a Juvenile Justice Clearinghouse (JJC) completion of an evaluation and comprehensive continuum of care for collects, synthesizes, and disseminates submission of a report may be required youth in six participating sites (Boston, information on all aspects of juvenile in a specific and, often, short time Massachusetts; Contra Costa County and justice. OJJDP established the period. Imperial County, California; Fort Clearinghouse in 1979 to serve the This contract will be implemented by Belknap, Montana; Seattle, Washington; juvenile justice community, legislators, the current contractor, Caliber and St. Louis, Missouri). The evaluation the media, and the public. JJC offers toll- Associates. However, a new competitive addresses the program implementation free telephone access to information; contract solicitation will also be issued process and measures performance prepares specialized responses to and a new contract awarded in FY 1999. outcomes and lessons learned about the information requests; produces, OJJDP Technical Assistance Support challenges and accomplishments across warehouses, and distributes OJJDP Contract—Juvenile Justice Resource the six sites. A cross-site report will publications; exhibits at national Center document the process of program conferences; maintains a comprehensive implementation and community juvenile justice library and database; This contract has been competitively outcomes for use by other funding and administers several electronic awarded since the mid-1980’s when agencies or communities that want to information resources. NCJRS is OJJDP identified the need for technical develop and implement a administered by the National Institute of assistance support in carrying out its comprehensive community-based Justice (NIJ) under a competitively mission. The Juvenile Justice Resource strategy to address serious, violent, and awarded contract to Aspen Systems Center (JJRC) provides technical chronic delinquency. Corporation. assistance and support to OJJDP, its The evaluation will be implemented This program will be implemented by grantees, and the Coordinating Council by the current grantee, the Urban the current contractor, Aspen Systems on Juvenile Justice and Delinquency Institute. No additional applications Corporation. No additional applications Prevention in the areas of program will be solicited in FY 1999. will be solicited in FY 1999. development, evaluation, training, and research. With assistance from expert Juvenile Justice Statistics and Systems Insular Area Support consultants, JJRC coordinates the peer Development The purpose of this statutorily review process for OJJDP grant required program is to provide support The Juvenile Justice Statistics and applications and grantee reports, to the U.S. Virgin Islands, Guam, Systems Development (SSD) program conducts research and prepares reports American Samoa, and the was competitively awarded in FY 1990 on current juvenile justice issues, plans Commonwealth of the Northern Mariana to the National Center for Juvenile meetings and conferences, and provides Islands. Funds are available to address Justice (NCJJ) to improve national, State, administrative support to various the special needs and problems of and local statistics on juveniles as Federal councils and boards. juvenile delinquency in these insular victims and offenders. The project has This contract will be implemented by areas, as specified by Section 261(e) of focused on three major tasks: (1) the current contractor, Aspen Systems the JJDP Act of 1974, as amended, 42 Assessing how current information Corporation. No additional applications U.S.C. § 5665(e). needs are being met with existing data will be solicited in FY 1999. collection efforts and recommending Intergenerational Transmission of options for improving national level Program of Research on the Causes and Antisocial Behavior Project statistics; (2) analyzing data and Correlates of Delinquency The purpose of this project is to disseminating information gathered Since 1986, this longitudinal study expand on the Rochester Youth from existing Federal statistical series has addressed a variety of issues related Development Study by examining the and national studies; and (3) providing to juvenile violence and delinquency development of antisocial behavior and training and technical assistance tools and has produced a massive amount of delinquency in the children of the for local agencies in developing or information on the causes and correlates original Rochester, New York, subjects enhancing management information of delinquent behavior. Three project of OJJDP’s Program of Research on the systems. sites participate: Institute of Behavioral Causes and Correlates of Delinquency. This project would be implemented Science, University of Colorado at By age 21, 40 percent of the original by the current grantee, NCJJ. No Boulder; Western Psychiatric Institute 4946 Federal Register / Vol. 64, No. 20 / Monday, February 1, 1999 / Notices and Clinic, University of Pittsburgh; and Psychiatric Institute and Clinic at the sustaining effective continuum of care Hindelang Criminal Justice Research University of Pittsburgh. No additional and systems change approaches in six Center, University at Albany, State applications will be solicited in FY SafeFutures and five Safe Kids/Safe University of New York. The sites 1999. Streets sites. Project activities include pursue both collaborative research assessment, identification, and Technical Assistance for State efforts and site-specific research. Results Legislatures coordination of the implementation of from the study have been used training and technical assistance needs extensively in the field of juvenile Since FY 1995, OJJDP has awarded at each of the sites and administration justice and contributed significantly to annual grants to the National of cross-site training. the development of OJJDP’s Conference of State Legislatures (NCSL) This program will be implemented by Comprehensive Strategy for Serious, to provide relevant, timely information the current grantee, Patricia Donahue. Violent, and Chronic Juvenile Offenders on comprehensive approaches in No additional applications will be and other program initiatives. juvenile justice to aid State legislators in solicited in FY 1999. This program would be implemented improving State juvenile justice by the current grantees. No additional systems. Nearly every State has enacted, Public Safety and Law Enforcement applications would be solicited in FY or is considering, statutory changes The Chicago Project for Violence 1999. affecting the juvenile justice system. Prevention This project has helped policymakers SafeFutures: Partnerships To Reduce understand the ramifications and The Chicago Project for Violence Youth Violence and Delinquency nuances of juvenile justice reform. The Prevention is a citywide, long-term Since FY 1995, this 5-year project has grant has improved capacity for the effort to reduce violence. Objectives awarded grants of up to $1.4 million delivery of information services to include reductions in homicide, annually to each of six communities legislatures. The project also supports physical injury, disability and (Boston, Massachusetts; Contra Costa increased communication between State emotional harm from assault, domestic County and Imperial County, California; legislators and State and local leaders abuse, sexual abuse and rape, and child Fort Belknap, Montana; Seattle, who influence decisionmaking abuse and neglect. A partnership among Washington; and St. Louis, Missouri) to regarding juvenile justice issues. the Chicago Department of Public assist in implementing comprehensive The project will be implemented by Health, the Illinois Council for the community programs designed to the current grantee, NCSL. No Prevention of Violence, the University reduce youth violence, delinquency, additional applications will be solicited of Illinois, and Chicago communities, and victimization through the creation in FY 1999. the project began in 1995 with joint of a continuum of care in communities. funding from OJJDP and the Centers for This continuum enables communities to Telecommunications Assistance Disease Control and Prevention, the respond to the needs of youth at critical OJJDP uses information technology National Center for Injury Prevention stages of their development through a and distance training to facilitate access and Control, the Bureau of Justice range of prevention, intervention, to information and training for juvenile Assistance, and the U.S. Department of treatment, and sanctions programs. justice professionals. This cost-effective Housing and Urban Development. The SafeFutures activities will be carried medium enhances OJJDP’s ability to project provides technical assistance to out by the current grantees. No share with the field salient elements of a variety of community-based and additional applications will be solicited the most effective or promising citywide organizations involved in in FY 1999. approaches to various juvenile justice violence prevention planning. issues. In FY 1995, OJJDP awarded a The Chicago Project for Violence Study Group on Very Young Offenders competitive grant to Eastern Kentucky Prevention would be implemented by Modeled after the OJJDP Study Group University (EKU) to produce live the current grantee, the University of on Serious and Violent Juvenile satellite teleconferences. In FY 1998, Illinois, School of Public Health. No Offenders, this program is exploring OJJDP continued the cooperative additional applications would be what is known about the prevalence and agreement with EKU to provide program solicited in FY 1999. frequency of very young (under the age support and technical assistance for a Comprehensive Community-Wide of 13) offending. In FY 1998, OJJDP variety of information technologies. The Approach to Gang Prevention, supplemented a grant to the University grantee also explored linkages with key Intervention, and Suppression Program of Pittsburgh, the grantee for the Study constituent groups to advance mutual Group on Serious and Violent Juvenile information goals and objectives. During This program supports Offenders. The Study Group on Very the past year, EKU has experimented implementation of a comprehensive Young Offenders is examining whether with cybercasting ‘‘live’’ satellite gang program model in five jurisdictions such offending predicts future videoconferences on the Internet. (Bloomington, Illinois; Mesa, Arizona; delinquent or criminal careers, how This project would be implemented Riverside, California; San Antonio, these youth are handled by various by the current grantee, EKU. No Texas; and Tucson, Arizona). OJJDP systems including juvenile justice, additional applications would be proposes to continue funding for the mental health, and social services; and solicited in FY 1999. program, which was competitively what methods are best for preventing awarded with FY 1994 funds. The very young offending and persistence of Training and Technical Assistance demonstration sites are implementing a offending. This project will disseminate Coordination for the SafeFutures and model developed by the University of the results of its research to the public, Safe Kids/Safe Streets Initiatives Chicago with OJJDP funding support. policymakers, and practitioners. The OJJDP proposes to continue to provide Implementation requires the Study Group is also assisting OJJDP in funding for long-term training and mobilization of the community to formulating a 5-year research agenda for technical assistance to the SafeFutures address gang-related violence by making OJJDP and the juvenile justice field. and Safe Kids/Safe Streets initiatives. available and coordinating social This program will be implemented by This coordination effort builds local interventions, providing social/ the current grantee, the Western capacity for implementing and academic/vocational and other Federal Register / Vol. 64, No. 20 / Monday, February 1, 1999 / Notices 4947 opportunities, and supporting gang are employing similar strategies with This program would be implemented suppression through law enforcement, different populations. by the current grantee, the Institute for probation, and other community control This evaluation will be implemented Intergovernmental Research. No mechanisms. Each site has established a by the current grantee, COSMOS additional applications would be multidisciplinary team to coordinate the Corporation. No additional applications solicited in FY 1999. services that project youth receive. will be solicited in FY 1999. Partnerships To Reduce Juvenile Gun Included in the service mix is Gang Prevention Through Targeted Violence accountability or social control. Outreach (Boys & Girls Clubs) Demonstration sites also receive training OJJDP will award continuation grants and technical assistance. The purpose of this program is to to each of three competitively selected This project would be implemented enable local Boys & Girls Clubs to communities that initially received by the current demonstration sites. No prevent youth from entering gangs, funds in FY 1997 to increase the additional applications would be intervene with gang members in the effectiveness of existing youth gun solicited in FY 1999. early stages of gang involvement, and violence reduction strategies by divert youth from gang activities into enhancing and coordinating prevention, Evaluation of the Comprehensive more constructive programs. This intervention, and suppression strategies Community-Wide Approach to Gang program reflects the ongoing pattern of and strengthening linkages between Prevention, Intervention, and cooperation between OJJDP and the community residents, law enforcement, Suppression Program Boys & Girls Clubs to reduce problems and the juvenile justice system. Baton OJJDP proposes to continue funding of juvenile delinquency and violence. Rouge, Louisiana; Oakland, California: this evaluation. Under a 4-year The Boys & Girls Clubs of America and Syracuse, New York, were selected competitive cooperative agreement provides training and technical to receive 3-year awards. The goals of awarded in FY 1995, the evaluation assistance to local gang prevention and this initiative are to reduce juveniles’ grantee assisted the five program sites intervention sites, including some at illegal access to guns and address the (Bloomington, Illinois; Mesa, Arizona; SafeFutures and OJJDP Comprehensive reasons they carry and use guns in Riverside, California; San Antonio, Gang sites. The project includes funds violent exchanges. A national Texas; and Tucson, Arizona) in for local clubs to implement the evaluation currently underway will establishing realistic and measurable Targeted Outreach program. A national document the process of community objectives, documenting program evaluation of this program is being mobilization, planning, and implementation, and measuring the implemented by Public/Private collaboration needed to develop a impact of this comprehensive approach. Ventures. comprehensive, collaborative approach It has also provided interim feedback to This program would be implemented to reducing juvenile gun violence. the program implementors and trained by the current grantee, the Boys & Girls The Partnerships To Reduce Juvenile the local site interviewers. The grantee Clubs of America. No additional Gun Violence program will be carried will continue to gather and analyze data applications would be solicited in FY out by the three current grantees. No required to evaluate the program; 1999. additional applications will be solicited in FY 1999. monitor and oversee the quality control National Youth Gang Center of data; provide assistance for The proliferation of gang problems Safe Start—Child Development- completion of interviews; and provide Community-Oriented Policing (CD–CP) ongoing feedback to project sites. over the past two decades led OJJDP to This project would be implemented develop a comprehensive, coordinated The Child Development-Community- by the current grantee, the University of response to America’s gang problem. Oriented Policing (CD–CP) program is Chicago, School of Social Service This response involved five program an innovative partnership between the Administration. No additional components, one of which was New Haven Department of Police applications would be solicited in FY implementation and operation of the Services and the Child Study Center at 1999. National Youth Gang Center (NYGC), the Yale University School of Medicine competitively funded with FY 1994 that addresses the psychological Evaluation of the Partnerships To funds, to expand and maintain the body burdens on children, families, and the Reduce Juvenile Gun Violence Program of critical knowledge about youth gangs broader community of children This 3-year project began with a and effective responses to them. NYGC witnessing increasing levels of competitive award in FY 1997 to provides support services to the community violence. In FY 1993, OJJDP document and evaluate the process of National Youth Gang Consortium, provided support to document Yale— community mobilization, planning, and composed of Federal agencies with New Haven’s child-centered, collaboration needed to develop a responsibilities in this area. NYGC is community-oriented policing model. comprehensive, collaborative approach also providing technical assistance for The model consists of interrelated to reducing gun violence involving the Rural Gang Initiative planning and training of police officers, consultation, juveniles. The Partnerships to Reduce assessment phase. OJJDP proposes to and teaming mental health clinicians Juvenile Gun Violence Program is being extend the NYGC project an additional with law enforcement in intervening implemented in four sites: Baton Rouge year and provide FY 1999 funds to onsite with children and families who and Shreveport, Louisiana; Oakland, NYGC to conduct more indepth witness violence. OJJDP, with first-year California: and Syracuse, New York. In analyses of the National Youth Gang support from the Bureau of Justice addition to working with these sites, the Survey results that track changes in Assistance, funded a 3-year replication grantee will also identify additional gang membership and gang-related of the model in Buffalo, New York; promising or effective programs crime, produce timely information on Charlotte, North Carolina; Nashville, underway in communities across the the nature and scope of the youth gang Tennessee; and Portland, Oregon. Other country and evaluate a select number of problem, and continue its efforts to OJP components joined OJJDP in these programs. An expanded base of foster integration of gang-related items funding an expansion of CD–CP in FY youth gun violence programs offers into other relevant surveys and national 1998 under the Safe Start Initiative. This greater opportunity to identify sites that data collection efforts. expansion moved the project into 4948 Federal Register / Vol. 64, No. 20 / Monday, February 1, 1999 / Notices school-based activities and the area of Delinquency Prevention and University. No additional applications addressing exposure to violence in Intervention would be solicited in FY 1999. domestic violence settings and will Advertising Campaign—Investing in The CETARY Project continue to do so in FY 1999. This project would be continued by Youth for a Safer Future The goals of this project are to provide the current grantee, the Yale University OJJDP proposes to continue its 20 second-time juvenile offenders, up to School of Medicine, in collaboration support, which began in FY 1997, of the age 18, an opportunity to enroll in an with the New Haven Department of National Crime Prevention Council’s intense and structured culinary arts Police Services. No additional (NCPC’s) ad campaign, ‘‘Investing in training program; develop and maintain applications would be solicited in FY Youth for A Safer Future,’’ through the linkage and employment opportunities 1999. transfer of funds to the Bureau of Justice for the youth; and place a minimum of Assistance (BJA) under an Intra-agency 18 youth in an accredited continuing Survey of School-Based Gang Agreement. OJJDP and BJA are working education program and/or in the Prevention and Intervention Programs with the NCPC Media Unit to produce, workplace with full-time employment. Under a competitively awarded FY disseminate, and support effective Funded in FY 1998, the project also 1997 grant, this project is classifying public service advertising and related provides a counseling specialist who and describing approaches used by media to inform the public of effective helps the youth establish job readiness schools to prevent or reduce gang solutions to juvenile crime and to and who coordinates placement involvement among students in a large motivate young people and adults to get between career development and sample of urban, suburban, and rural involved and support these solutions. employment. General educational schools. In addition, a search and The featured solutions include effective development (GED) classes are also review of activities undertaken by States prevention programs and intervention offered. Continuous progress to identify and evaluate school-based strategies. evaluations and needs assessments are gang prevention and intervention The program would be administered implemented and enforced for each programs will be completed. Based on a by BJA through its existing grant to youth. review of programs identified in a NCPC. No additional applications This project will be implemented by national survey currently under way, a would be solicited in FY 1999. the current grantee, Johnson & Wales small number of promising programs Assessing Alcohol, Drug, and Mental University. No additional applications will be examined more closely and Health Disorders will be solicited in FY 1999. described. Technical reports will describe the full range of gang This project supplements an ongoing Communities In Schools—Federal prevention and intervention currently National Institute of Mental Health Interagency Partnership being implemented in the United States, study assessing alcohol, drug, and This program would continue an and they will compare program types mental health disorders among juveniles ongoing national school dropout and quality of implementation across in detention in Cook County, Illinois. prevention model developed and different school levels and locations. A The project has three primary goals: (1) implemented by Communities In report will highlight promising To determine how alcohol, drug, and Schools, Inc. (CIS). CIS, Inc., provides programs and practices and include mental disorders develop over time training and technical assistance in guidelines on program development. among juvenile detainees; (2) to adapting and implementing the CIS This project will be implemented by investigate whether juvenile detainees model in States and local communities. the current grantee, Gottfredson receive needed psychiatric services after The model brings social, employment, Associates, Inc. No additional their cases reach disposition (and they mental health, drug prevention, applications will be solicited in FY are back in the community or serving entrepreneurship, and other resources to 1999. sentences); and (3) to study the high-risk youth and their families in the development of dangerous and risky school setting. Where they exist, CIS Training and Technical Assistance for behaviors. The study will investigate State organizations assume primary the Rural Gang Initiative how violence, drug use, and HIV/AIDS responsibility for local program In FY 1998, OJJDP provided risk behaviors develop over time, what replication during the Federal supplemental funding support to the the antecedents of these behaviors are, Interagency Partnership. The National Youth Gang Center to provide and how these behaviors are Partnership is based on enhancing (1) training and technical assistance to interrelated. This project is unique CIS, Inc., training and technical demonstration sites under OJJDP’s Rural because the sample is so large: it assistance capabilities; (2) its capability Gang Initiative. In FY 1999, training and includes 1,833 youth from Chicago who to introduce selected initiatives to youth technical assistance will continue to be were arrested and interviewed between at the local level; (3) its information provided to those sites chosen to 1996 and 1998. The sample is stratified dissemination capability; and (4) its implement the OJJDP Comprehensive by gender, race (African American, non- capability to network with Federal Gang model. Training and technical Hispanic white, Hispanic), age (10–13, agencies on behalf of State and local CIS assistance will focus on adapting the 14–17), and severity of charge. The programs. OJJDP model to rural jurisdictions and investigators will reinterview subjects The program would be implemented on implementing the model in a whether they are back in the community by the current grantee, Communities In theoretically sound manner. Assistance or incarcerated. Because the sample is Schools, Inc. No additional applications will be delivered through onsite visits, so large, there will be sufficient would be solicited in FY 1999. conferences, meetings, and other means statistical power to study rarer disorders such as telephone and electronic media. (especially comorbidity), patterns of Community Anti-Drug Abuse Technical This initiative will be implemented drug use, and risky, life-threatening Assistance Voucher Project by the current grantee, the National behaviors. OJJDP funding for this project Through the Community Anti-Drug Youth Gang Center. No additional began in FY 1998. Abuse Technical Assistance Voucher applications will be solicited in FY The project would be implemented by Project, the National Center for 1999. the current grantee, Northwestern Neighborhood Enterprise (NCNE) has Federal Register / Vol. 64, No. 20 / Monday, February 1, 1999 / Notices 4949 been awarding vouchers for several Through a curriculum of hands-on local public/private community years to grassroots organizations to science and reading projects and agencies and organizations and the faith purchase technical assistance and supervised recreation, Estrella is community. In FY 1999, EDC would training to effectively address the providing a constructive alternative to expand its training and technical problem of juvenile drug abuse. NCNE afternoons of unsupervised free time. assistance to new sites and further has established a clearinghouse New Mexico Mathematics, Engineering, disseminate the products through the featuring more than 1,200 promising Science Achievement (NM MESA) will education and juvenile justice networks. and proven anti-drug programs. The provide the academic component of the In addition, EDC would provide onsite, impact of technical assistance vouchers program. Middle school students will short-term technical assistance to includes enhanced organizational mentor elementary students in a highly practitioners interested in hate crime visibility, larger grant awards for interactive learning environment issues. EDC would also assist State indigenous groups, and expanded and developed through the use of the juvenile justice agencies to formulate increased services resulting from nationally recognized MESA hate crime prevention components for technical assistance in program curriculums. The New Mexico Police their juvenile delinquency prevention development and staff training. In Athletic League (PAL) will provide a plans. addition to awarding vouchers for sports component to round out the The project would be implemented, in technical assistance, NCNE provides program. The University of New partnership with the U.S. Department of technical assistance to applicants Mexico’s Institute for Social Research Education, by the current grantee, regarding the development of their will evaluate the program using both Education Development Center. No mission, goals, and objectives. qualitative and quantitative methods. additional applications would be The Community Anti-Drug Abuse This project will be implemented by solicited in FY 1999. Technical Assistance Voucher Project the current grantee, the University of Home Visitation would be implemented by the current New Mexico—Regents. No additional grantee, the National Center for applications will be solicited in FY This program integrates prenatal and Neighborhood Enterprise. No additional 1999. early childhood nurse home visitation applications would be solicited in FY into five sites of Operation Weed and Diffusion of State Risk- and Protective- 1999. Seed (Clearwater, Florida; Fresno, Los Factor Focused Prevention Angeles, and Oakland, CA; and The Congress of National Black Since FY 1997, OJJDP has provided Oklahoma City, OK) and one Churches: National Anti-Drug Abuse/ funds to the National Institute on Drug SafeFutures site (St. Louis, MO). Violence Campaign (NADVC) Abuse, through an interagency Operation Weed and Seed is a national The Congress of National Black agreement, to support this 5-year study initiative to make communities safe Churches (CNBC) addresses the of the public health approach to through law enforcement activities and problems of juvenile drug abuse, prevention, focusing on risk and to rebuild the community through social violence, and hate crime through its protective factors for substance abuse at services and economic redevelopment national public awareness and the State and community levels. The in crime-ridden communities across the mobilization strategy. The strategy study will identify factors that influence country. SafeFutures is an initiative to coordinates the black religious the adoption of the public health assist in implementing comprehensive leadership, in cooperation with the U.S. approach and assess the association community programs designed to Department of Justice and other Federal between this approach and the levels of reduce youth violence, delinquency, agencies and organizations, to mobilize risk and protective factors and and victimization through the creation community residents to combat juvenile substance abuse among adolescents. The of a continuum of care in communities. drug abuse and drug-related violence. study will also examine State substance The nurse home visitation program The CNBC National Anti-Drug Abuse/ abuse data gathered from 1988 through addresses three major goals: (1) Violence Campaign (NADVC) is a 2001 and use interviews to describe the preparation of clear, comprehensive partner in the Education Development process of implementing the home visitation materials to facilitate Center’s (EDC) Juvenile Hate Crime epidemiological risk- and protective- dissemination and accurate replication Initiative. NADVC’s training and factor approach in Colorado, Kansas, of the program; (2) dissemination of the technical assistance have helped sites Illinois, Maine, Oregon, Utah, and program to the six sites and provision of leverage funds from public and private Washington. technical support and training to local sources. The NADVC model for the This project will be implemented by staff; and (3) an evaluation of the development of prevention programs is the current grantee, the Social program with a significant research easily tailored to the local community’s Development Research Group at the focus on the dissemination process. assessment of its drug, delinquency, University of Washington School of The project would be implemented by violence, and hate crime problems. Social Work. No additional applications the current grantee, the University of The program would be implemented will be solicited in FY 1999. Colorado Health Services Center. No by the current grantee, the Congress of additional applications would be Hate Crime National Black Churches. No additional solicited in FY 1999. applications would be solicited in FY Under an OJJDP grant competitively Multisite, Multimodal Treatment Study 1999. awarded in FY 1993, the Education Development Center (EDC) developed of Children With Attention Deficit/ A Demonstration Afterschool Program Healing the Hate, a multipurpose Hyperactivity Disorder This project, known as Estrella, is curriculum for hate crime prevention in OJJDP will transfer funds under an using FY 1998 funds to design and middle schools and other classroom interagency agreement with the National evaluate a pilot afterschool program to settings. OJJDP expanded this grant to Institute of Mental Health (NIMH) to reduce juvenile delinquency and allow EDC to provide training and support this research, funded increase educational retention at technical assistance to youth, educators, principally by NIMH. In 1992, NIMH Gadsden Independent School District in juvenile justice and law enforcement began a study of the long-term efficacy Dona Ana County, New Mexico. professionals, and representatives of of stimulant medication and intensive 4950 Federal Register / Vol. 64, No. 20 / Monday, February 1, 1999 / Notices behavioral and educational treatment with the Kahuku and Castle School This project will be implemented by for children with attention deficit/ complexes of the Windward Oahu the current grantee, the University of hyperactivity disorder (ADHD). School District and the Honolulu Police New Mexico—Regents. No additional Although ADHD is classified as a Department. The program will be applications will be solicited in FY childhood disorder, up to 70 percent of evaluated with a pre/post intervention 1999. afflicted children continue to design that will allow conclusions about experience symptoms in adolescence the effectiveness of this community- and Risk Reduction Via Promotion of Youth and adulthood. The study will continue school-level intervention. Development through 2000 and will follow the This project will be implemented by This program, also known as Early original families and a comparison the current grantee, Operation Hope. No Alliance, is a large-scale prevention group. OJJDP’s participation, which additional applications will be solicited study involving hundreds of African- in FY 1999. began in FY 1998, will allow for American and Caucasian children in investigation into the subjects’ Partnerships for Preventing Violence several elementary schools in lower delinquent behavior and contact with socioeconomic neighborhoods of the legal system, including arrests and This program would continue for a second year in a multiple funding Columbia, SC. This project is designed court referrals. to promote coping-competence and OJJDP will support this study through agreement among OJJDP, the U.S. reduce risk for conduct problems, an interagency agreement with NIMH. Department of Education, and the U.S. aggression, substance use, delinquency No additional applications will be Department of Health and Human and violence, and school failure solicited in FY 1999. Services to provide support for distance training using satellite video beginning in early elementary school. National Center for Conflict Resolution conferencing as the medium. The Children are being followed Education project, funded under a 3-year grant, longitudinally throughout the 5 years of Funded under a competitively consists of a series of six live, the project. The program is funded awarded cooperative agreement in FY interactive satellite training broadcasts through an interagency agreement with 1995, the National Center for Conflict that focus on violence prevention the National Institute of Mental Health Resolution Education works to integrate programs and strategies that have (NIMH). NIMH’s grantee is the conflict resolution education (CRE) proven promising or effective. The University of South Carolina. Funding programming into all levels of education training is targeted to school and has also been provided by the Centers in schools, juvenile facilities, and community violence prevention for Disease Control and Prevention and youth-serving organizations. In FY 1998, personnel, health care providers, law the National Institute on Drug Abuse. OJJDP entered into a partnership with enforcement officials, and other service Funded initially in FY 1997 through the U.S. Department of Education to providers representing a variety of a fund transfer to NIMH under an expand and enhance this project. The community-based and youth-serving interagency agreement, support will be grantee provides training and technical organizations. To date, two events have continued for an additional 3 years. No assistance through onsite training and been held; the third telecast is additional applications will be solicited consultation for teams from schools, scheduled for April 16, 1999. in FY 1999. communities, and juvenile facilities; by The project would be implemented by providing resource materials including the current grantee, Harvard University The SAGE Project and PRIDE Center the guide to implementing conflict School of Public Health. No additional Afterschool Program applications would be solicited in FY resolution programs; and by partnering The SAGE project is continuing 1999. with State-level agencies to establish development of a project to prevent and State training institutes and otherwise Proactive Youth Program reduce juvenile delinquency and school build local capacity to implement The New Mexico Police Activities violence. The long-term goal of the successful CRE programs for youth. The PRIDE Center is to provide a Center also facilitates peer-to-peer League (PAL) is implementing a statewide prevention project consisting comprehensive, year-round juvenile mentoring. delinquency prevention and The project would be implemented by of recreational, educational, and intervention program that supports the the current grantee, Illinois Institute for cultural activities for families and youth youth objectives of the SAGE Secondary Dispute Resolution. No additional between the ages of 5 and 18, but School and the youth and community applications would be solicited in FY focused on at-risk youth and their objectives of the SAGE project as a 1999. families. The Albuquerque PAL will provide the initial model for the whole. Under an FY 1998 grant, the No Hope in Dope Project organization and implementation of the project is providing the collaborating The goal of the No Hope in Dope New Mexico PAL project. Local PAL organizations with the means to (1) (NHID) program, funded under an FY programs will be initiated in at least 12 expand and enhance adult-mentored 1998 OJJDP grant, is to prevent, reduce, other New Mexico communities. and supervised, structured educational or delay the onset of substance abuse in Schedules for core programs will be opportunities to court-involved and elementary, intermediate, and high coordinated, and a system of regional high-risk youth; (2) involve additional school students in Hawaii’s Windward and statewide activities will be city agencies and community-based Oaho area. This goal will be established. The overall goal of the organizations through the PRIDE Center; accomplished by using a community- project, which received an FY 1998 and (3) continue to evaluate and based approach that makes antidrug OJJDP grant, is to reduce negative disseminate findings on the project’s norms clear, salient, and useful as behavior and promote healthy success for replication in other urban guides for behavior. The program uses behavioral patterns among New areas. opinion-leading student athletes, the No Mexico’s youth by providing activities This project will be implemented by Hope in Dope seminar, and the Officer that unite youth with law enforcement the current grantee, Springfield College. Honolulu Safety Program. NHID is a officers, educators, and other positive No additional applications will be program of Project Hope in coordination adult role models. solicited in FY 1999. Federal Register / Vol. 64, No. 20 / Monday, February 1, 1999 / Notices 4951

Strengthening Services for Chemically establishing or enhancing a continuum government to replicate 10 ‘‘Blueprint’’ Involved Children, Youth, and Families of family strengthening efforts. After a model programs. These are programs The U.S. Departments of Justice and literature review, the grantee convened that CSPV identified as meeting a Health and Human Services and the regional training conferences to rigorous scientific standard of proven Office of National Drug Control Policy showcase selected exemplary and program effectiveness and replicability (ONDCP) provide services to children promising family strengthening for reducing adolescent violence, crime, affected by parental substance use or programs; developed a process for sites and substance abuse. CSPV will help abuse. OJJDP administers this training to receive followup training on specific communities determine the feasibility of and technical assistance program, which program models; conducted program- program development and also monitor began in FY 1998, with funds specific workshops; produced and then and assist in the replication of these transferred to OJJDP by the U.S. updated user and training-of-trainers Blueprint programs for 2 years. Department of Health and Human guides; and distributed videos of several This project will be implemented by Services’ Substance Abuse and Mental family strengthening workshops. The the current grantee, CSPV. No Health Services Administration, through grantee’s technical assistance delivery additional applications will be solicited a cooperative agreement to the Child system and the overall impact of the in FY 1999. project are being assessed. In FY 1999, Welfare League of America (CWLA), a Building Blocks for Youth nonprofit organization. CWLA is this program would expand its surveys assisting child welfare personnel to and research on effective practices and The goals of this initiative are to provide appropriate intervention assist in replication of identified protect minority youth in the justice services for children impacted by the programs. system and promote rational and abuse of alcohol and other drugs (AOD) This program would be implemented effective juvenile justice policies. These and for their caregivers. CWLA is by the current grantee, the University of goals are accomplished by the following producing a comprehensive assessment Utah’s DHE. No additional applications components: (1) Conducting research on tool and decisionmaking guidelines for would be solicited in FY 1999. issues such as the impact on minority child welfare workers and supervisors. Strengthening the Juvenile Justice youth of new State laws and the CWLA training and technical assistance System implications of privatization of juvenile will help to develop innovative and facilities by profit-making corporations; effective approaches to meeting the Balanced and Restorative Justice Project (2) undertaking an analysis of needs of children in the child welfare (BARJ) decisionmaking in the justice system system whose parents are AOD abusers. OJJDP has supported development and development of model ONDCP is considering transferring and improvement of juvenile restitution decisionmaking criteria that reduce or funds for this project in FY 1999. programs since 1977. The purpose of the eliminate disproportionate impact of the This jointly funded project would be BARJ project is to enhance the system on minority youth; (3) building implemented by CWLA. No additional development of restitution programs as a constituency for change at the applications would be solicited in FY part of systemwide juvenile justice national, State, and local levels; and (4) 1999. improvement using balanced approach developing communication strategies concepts and restorative justice for dissemination of information. A fifth Technical Assistance to Title V principles. The BARJ program model component, direct advocacy for The purpose of this continuation was first described in a 1994 OJJDP minority youth is funded by other contract is to provide OJJDP with Program Summary, Balanced and sources, not by OJJDP. Funding by training support for the Title V program. Restorative Justice, which became a OJJDP began in FY 1998. This training, which the grantee has reference source for BARJ training. The This initiative will be implemented developed and refined over several BARJ project has provided intensive by the current grantee, the Youth Law years, will continue to introduce key training, technical assistance, and Center. No additional applications will community leaders to data-based risk- guideline materials to three selected be solicited in FY 1999. and resiliency-focused delinquency sites (Allegheny County, Pennsylvania; Census of Juveniles in Residential prevention strategies and provide Dakota County, Minnesota; and West Placement localities with the knowledge and skills Palm Beach County, Florida), which to assess risk factors and resources in have been implementing major systemic In FY 1998, the Census of Juveniles in their communities. This contract will change in accordance with the BARJ Residential Placement (CJRP) replaced also increase the capacity of States to model. The BARJ Project also offers the biennial Census of Public and conduct data-based risk and resiliency technical assistance and training to Private Juvenile Detention, Correctional, focused training without Federal other jurisdictions nationwide. and Shelter Facilities, known as the support. This project would be implemented Children in Custody census. CJRP This project will be implemented by by the current grantee, Florida Atlantic collects detailed information on the the current grantee, Developmental University. No additional applications population of juveniles who are in Research and Programs, Inc. No would be solicited in FY 1999. juvenile residential placement facilities additional applications will be solicited as a result of contact with the juvenile Blueprints for Violence Prevention: in FY 1999. justice system. New methods developed Training and Technical Assistance for CJRP are expected to produce more Training and Technical Assistance for OJJDP will continue to fund an FY accurate, timely, and useful data on the Family Strengthening Programs 1998 cooperative agreement with the juvenile population, with less reporting OJJDP proposes to continue funding a Center for the Study and Prevention of burden for facility respondents. cooperative agreement competitively Violence (CSPV) at the University of This program would be implemented awarded in FY 1995 to the University of Colorado. Under this grant, CSPV through an existing interagency Utah’s Department of Health Education provides intensive training and agreement with the Bureau of the (DHE) to provide training and technical technical assistance to community Census. No additional applications assistance to communities interested in organizations and units of local would be solicited in FY 1999. 4952 Federal Register / Vol. 64, No. 20 / Monday, February 1, 1999 / Notices

Circles of Care Program Community-Based Aftercare prevention to detention. Connecticut’s In FY 1998, OJJDP and the Center for Demonstration and Technical objectives and activities also include Mental Health Services (CMHS) entered Assistance program. In FY 1998, the planning, implementing, and into an interagency agreement to have project was supplemented and extended demonstrating a program that will OJJDP provide support to the Circles of for an additional 2 years to continue the develop a hierarchy of sanctions with outcome evaluation. The outcome specific emphasis on females up to age Care Program, which CMHS had evaluation seeks to determine the extent 18 and incorporating systemic changes. developed. OJJDP transferred funds to of the differences between the Intensive The primary emphasis of the CMHS to support the funding of an Community-Based Aftercare Program Connecticut program is on the needs of additional site. The Circles of Care (IAP) participants and the ‘‘regular’’ pregnant girls and those who are Program is designed to facilitate the parolees, the supervision and services mothers. Technical assistance is being planning and implementation of a provided to both groups, and the cost- provided to both Cook County and the continuum of care for Native American effectiveness of IAP. Data collection is State of Connecticut by Greene, Peters, youth at risk of mental health, substance being accomplished using several and Associates, OJJDP’s gender-specific abuse, and delinquency problems. methods including searches of State training and technical assistance CMHS funded nine sites in FY 1998 and police records to measure recidivism grantee. will continue these sites in FY 1999, and analyzing State agency and juvenile The project will be implemented, in based on availability of funds and court data to estimate costs. partnership with the Bureau of Justice project performance. OJJDP will transfer This project will be implemented by Assistance, by the current grantee, the additional funds in FY 1999 to continue the current grantee, NCCD. No Cook County Bureau of Public Safety support for this program. additional applications will be solicited and Judicial Coordination, and by the The currently funded projects will in FY 1999. State of Connecticut’s Office of continue in FY 1999. No new Alternative Sanctions. No additional Evaluation of Teen Courts applications will be solicited in FY applications will be solicited in FY 1999. This project, which OJJDP began in 1999. Development of the Comprehensive FY 1997, is measuring the effect of handling young, relatively nonserious Intensive Community-Based Aftercare Strategy for Serious, Violent, and Demonstration and Technical Chronic Juvenile Offenders law violators in teen courts rather than in traditional juvenile or family courts. Assistance Program OJJDP has been providing support for Researchers are collecting data on This initiative supports development of its Comprehensive several dimensions of program implementation, training and technical Strategy for several years. This project outcomes, including postprogram assistance, and an independent will complete ongoing strategic recidivism, changes in teens’ evaluation of an intensive community- planning efforts in six States and perceptions of justice, and their ability based aftercare model in three expand to two additional States, Oregon to make more mature judgements. competitively selected demonstration and Wisconsin. In each State, up to six Analyses of these dimensions will be sites. The overall goal of the intensive jurisdictions have been identified to used to compare youth handled in at aftercare model is to identify and assist receive Comprehensive Strategy least three separate teen court programs high-risk juvenile offenders to make a planning training and technical with those processed by the traditional gradual transition from secure assistance. OJJDP internal technical juvenile justice system. In addition, the confinement back into the community. assistance capacity will be developed study will conduct a process evaluation The Intensive Aftercare Program (IAP) during this time to further assist States of the teen court programs, exploring model has three distinct, yet through training and technical legal, administrative, and case overlapping segments: (1) Prerelease assistance, including States planning on processing factors that affect the ability and preparatory planning activities developing a Comprehensive Strategy of the programs to achieve their goals. during incarceration; (2) structured planning framework. Implementation This evaluation will be implemented transitioning involving the participation support will be developed and provided by the current grantee, the Urban of institutional and aftercare staffs both to the six States and one pilot site Institute. No additional applications prior to and following community scheduled to complete Comprehensive will be solicited in FY 1999. reentry; and (3) long-term reintegrative Strategy plans in 1999. Further activities to ensure adequate service development and updates of the Guide Gender-Specific Programming for Female Juvenile Offenders delivery and the required level of social for Implementing the Comprehensive control. The grantee provides Strategy for Serious, Violent, and Using a FY 1995 competitive OJJDP continuing training and technical Chronic Juvenile Offenders will also grant, Cook County has built a network assistance to administrators, managers, occur in FY 1999. of support for juvenile female offenders. and line staff at the intensive This project will be implemented by The county has developed gender- community-based aftercare sites. The the current grantees, the National specific needs, strengths, and risk grant was competitively awarded in FY Council on Crime and Delinquency and assessments for juvenile female 1995 Developmental Research and Programs, offenders; provided training in The IAP project would be Inc. No additional applications will be implementing gender-appropriate implemented by the current grantee, the solicited in FY 1999. programming; and designed a pilot Johns Hopkins University. No program with a community-based Evaluation of the Intensive Community- additional applications would be continuum of care and a unique case solicited in FY 1999. Based Aftercare Program management system. In FY 1998, OJJDP In FY 1995, OJJDP competitively provided continuation funding to the Intensive Treatment Family Programs awarded a grant to the National Council Cook County gender-specific program (ITF) on Crime and Delinquency (NCCD) to and began providing funding to the The purpose of KidsPeace is to perform a process evaluation and design State of Connecticut to develop provide individualized foster care (IFC) an outcome evaluation of the Intensive specialized programs for girls from to seriously disturbed children and Federal Register / Vol. 64, No. 20 / Monday, February 1, 1999 / Notices 4953 adolescents in a therapeutic family implementaiton will take place in Justice Accountability Board. No setting. KidsPeace proposes to expand October 2000. additional applications would be their program to additional sites, with This project would be conducted solicited in FY 1999. the assistance of OJJDP’s funding, first through an interagency agreement with Linking Balanced and Restorative provided in FY 1997. KidsPeace has the Bureau of the Census, Governments Justice and Adolescents (LIBRA) established four sites (Union, New Division and Statistical Research Jersey; Orchard Park and Albany, New Division. No new applications would be The goal of this program is to York; and Muncie, Indiana). A fifth site solicited in FY 1999. continue development of a is currently under development. Juvenile Sex Offender Typology comprehensive, integrated, balanced This project will be implemented by and restorative system of justice for the current grantee, KidsPeace National In FY 1998, OJJDP competitively youthful offenders that holds them funded two feasibility studies in an Centers for Kids in Crisis of North accountable to victims, protects the effort to develop a juvenile sex offender America. No additional applications community, builds offender skills and typology. One study is being conducted will be solicited in FY 1999. competencies, and offers opportunities by the University of Illinois-Springfield, for positive connections to community The Juvenile Justice Prosecution Unit the other by Health Related Research. members. OJJDP funding for the Efforts to effectively address issues Under an FY 1996 OJJDP grant, the program began in FY 1998. To hold related to juvenile sex offenders’ American Prosecutors Research youth accountable, the project will dangerousness, the most appropriate Institute, the research and technical establish a network of accountability level of placement restrictiveness, the assistance affiliate of the National boards. The project will also pilot potential for rehabilitation, assessment District Attorneys Association, Community Justice Centers, which will requirements, and intervention needs established the Juvenile Justice demonstrate that the community is the have been hampered by the lack of an Prosecution Unit (JJPU) to promote core of the justice process and empirically based system for classifying prosecutor training. JJPU holds recognizes youth as a vital part of the this heterogeneous population into workshops on juvenile-related policy, community. meaningful subgroups. These initial leadership, and management for chief studies will determine specific This program will be implemented by prosecutors and juvenile unit chiefs and methodologies best suited to generate an the current grantee, the Vermont also provides prosecutors with empirically validated typology of the Department of Social and Rehabilitation background information on juvenile juvenile sex offender. Based on the Services. No additional applications justice issues, programs, training, and results of these initial studies, OJJDP will be solicited in FY 1999. technical assistance. The project solicits will determine the feasibility of planning and other advisory input from National Academy of Sciences Study of developing a juvenile sex offender prosecutors familiar with juvenile Juvenile Justice typology or the desirability of justice system and prosecutor needs. It continuing in the specific directions In FY 1997, OJJDP initiated support draws on the expertise of working suggested by Phase I of this work. for a 2-year study by the National groups of elected or appointed An expansion of this work would be Academy of Sciences to draw upon prosecutors and juvenile unit chiefs to implemented by one or both of the expertise from relevant disciplines in support project staff in providing current grantees, University of Illinois- the scientific and practitioner technical assistance, juvenile justice- Springfield and Health Related communities to develop a synthesis of related research, program information, Research. No additional applications the relevant scientific research and and training to practitioners nationwide. would be solicited in FY 1999. expert opinion regarding the prevention, This project would be implemented treatment, and control of juvenile crime. by the current grantee, the American Juvenile Transfers to Criminal Court Following an examination of empirical Prosecutors Research Institute. No Studies and clinical research relevant to the additional applications would be This study explores the impact of the origin of and pathways to youth solicited in FY 1999. 1994 changes in Florida law by violence and justice system treatment of juveniles, the review will be Juvenile Residential Facility Census contrasting transfer policies and practices and sentences received for supplemented by two workshops and As part of a long-term relationship 1993 with those for 1995. site visits to selected programs. These with the Bureau of the Census, OJJDP Postsentencing recidivism of the 400 activities will help to identify (1) the proposes to continue to fund the transferred youth in 1993 will be elements of settings, with a particular development and testing of a new examined. Detailed data on the role of emphasis on family and school, that census of juvenile residential facilities. the offender in the commission of the inhibit or contribute to the ways in This census would focus on those offense; the involvement of gangs, guns, which serious delinquency develops; (2) facilities that are authorized to hold and drugs; and prior offense histories juvenile and criminal justice system juveniles based on contact with the will be used in analyzing sentencing concerns regarding the shifts in youth juvenile justice system. From interviews outcomes and postrelease offending. crime prevention and control policies; with facility administrators and staff at Predictions will be made on rearrest and and (3) juvenile violence and policing 20 locations, project staff have produced time to failure in multivariate models practices in public and federally a detailed report discussing how best to with variables reflecting characteristics assisted housing. The study will capture information on education, of offenses, offenders, and offense identify key elements of current efforts mental health and substance abuse histories. Cross-group recidivism and policies that appear to either treatment, health services, conditions of analyses are planned to compare the contribute to or inhibit the development custody, staffing, and facility capacity. recidivism of youth transferred to adult of effective interventions and control Project staff have also drafted and tested court with that of those retained in the mechanisms for youth violence and a questionnaire based on the interview juvenile justice system. delinquency. The project is also being results. The questionnaire will be The project would be implemented by supported by the U.S. Department of finalized in 1999. The first full the current grantee, the Florida Juvenile Education. 4954 Federal Register / Vol. 64, No. 20 / Monday, February 1, 1999 / Notices

This program will be implemented by (1) introduce concepts, tools, and supervision. The exact nature and the current grantee, the National principles of performance-based extent of this survey depends greatly on Academy of Sciences. No additional standards and accountability in 25 to 30 the results of various development applications will be solicited in FY facilities nationwide; (2) complete the efforts OJJDP is pursuing currently. This 1999. collection of baseline measures of project would fund the Bureau of the performance on 22 standards covering Census to establish standard procedures National Juvenile Justice Program six critical areas of facility operations in for the implementation of this survey. Directory all participating facilities using uniform Funding for this project began in FY In FY 1995, OJJDP initiated data collection instruments and 1996. development of this program directory. protocols; (3) assist the management This project would be conducted To conduct its statistical functions, team in developing appropriate through an interagency agreement with OJJDP must maintain a current and strategies to respond to problem areas the Bureau of the Census, Governments accurate list of all entities surveyed based on the performance data; (4) Division. No new applications would be either in the various censuses or in facilitate access to OJJDP/OJP resources solicited in FY 1999. surveys. This list currently entails a for training and technical assistance and Technical Assistance to Juvenile complete list of juvenile residential related support services needed to carry Corrections and Detention (The James E. facilities and a list of juvenile probation out the facility improvement plan; (5) Gould Memorial Program) offices. As OJJDP expands its statistical monitor results of interventions through work, it will need to expand this listing reassessment and analysis of progress; The primary purpose of this program as well. The list needs to contain and (6) refine the measurement is to provide specialized technical contact information for the various processes and build database assistance to juvenile corrections, facilities or agencies and appropriate performance benchmarks. detention, and community residential information for sampling. This program will be implemented by service providers. The grantee also This project would be conducted the current grantee, Council of Juvenile plans and convenes an annual Juvenile through an interagency agreement with Correctional Administrators. No Corrections and Detention Forum, the Bureau of the Census, Governments additional applications will be solicited which provides an opportunity for Division. No additional applications in FY 1999. juvenile corrections and detention would be solicited in FY 1999. leaders to meet and discuss issues, Quantum Opportunities Program (QOP) problems, and solutions to emerging The National Longitudinal Survey of Evaluation corrections and detention problems. The Youth 97 OJJDP proposes to continue funding grantee also provides workshops and OJJDP proposes to continue an impact evaluation of the Quantum conferences on current and emerging supporting the second round of data Opportunities Program (QOP) through national issues in the field of juvenile collection under the National an interagency fund transfer to the U.S. corrections and detention, conducts Longitudinal Survey of Youth 97 Department of Labor (DOL). OJJDP surveys, and offers technical assistance (NLSY97) through an interagency began funding this evaluation in FY through document dissemination. OJJDP agreement with the Bureau of Labor 1997. QOP, designed by the Ford proposes to continue this program, Statistics (BLS). OJJDP funding began in Foundation and Opportunities which began in FY 1995 under FY 1997. NLSY97 is studying school-to- Industrialization Centers of America, is competitive grant for a 3-year period. work transition in a nationally a career enrichment program using a The project would be implemented by representative sample of 8,700 youth model providing basic education, the current grantee, the American ages 12 to 16 years old. BLS is also personal and cultural development, Correctional Association. No additional collecting data on the involvement of community service, and mentoring. The applications would be solicited in FY these youth in antisocial and other evaluation will determine whether QOP 1999. behavior that may affect their transition reduces the likelihood that inner-city Technical Assistance to Native to productive work careers. This survey youth at educational risk will enter the Americans provides information about risk and criminal or juvenile justice system. protective factors related to the Outcomes to be examined include The goal of this program is to build initiation, persistence, and desistance of academic achievement in high school; the capacity of the Gila River Indian delinquent and criminal behavior and misbehavior in school; self-esteem and community, the Pueblo of Jemez, the provides an opportunity to determine sense of control over one’s life; Navajo Nation, the Red Band of the generalizability of findings from educational and career goals; and Chippewa Indians, other Native OJJDP’s Program of Research on the personal decisions such as teenage American and Alaskan Native Causes and Correlates of Delinquency parenthood, substance abuse, and communities, and urban jurisdictions and other longitudinal studies across a criminal activity. Data on criminal where tribal people reside to address nationally representative population of activity are being collected from Indian youth crime, delinquency, youth. individual student interviews. violence and victimization. Project The program would be implemented This program would be implemented funds support the development of by the BLS under an interagency through an interagency agreement with comprehensive, systemwide responses agreement. No additional applications the U.S. Department of Labor. No to these problems in tribal communities. would be solicited in FY 1999. additional applications would be In FY 1999, OJJDP will continue to solicited in FY 1999. provide technical assistance to Native Performance-Based Standards for Americans to enable tribes to further Juvenile Correction and Detention Survey of Juvenile Probation develop alternatives to detention, Facilities OJJDP proposes to continue to support specifically targeting juveniles who are This program, which began with a development of a survey of juvenile first or nonviolent offenders; design competitive OJJDP cooperative probation offices in an effort to guidebooks for the tribal peacemaking agreement awarded in FY 1995, is in its determine the number of juveniles process to be used in addressing third phase. Goals for this phase are to under some form of community juvenile delinquency issues that are Federal Register / Vol. 64, No. 20 / Monday, February 1, 1999 / Notices 4955 reported to Family District Court to implement a 3-year national training, Westat, Inc., Rockville, MD, for a systems; design and implement juvenile technical assistance, and information national evaluation to document and justice needs assessments to assist tribes dissemination initiative. Since the 1988 explicate the process of community in responding to juvenile detention and reauthorization of the JJDP Act, State mobilization, planning, and alternatives to detention needs; develop Formula Grants program plans have collaboration that has taken place before protocols to implement State Children’s addressed disproportionate minority and during the Safe Kids/Safe Streets Code provisions that affect Native confinement (DMC). OJJDP’s DMC awards; to inform program staff of American Children; and establish funding efforts have included a performance levels on an ongoing basis; sustainable, comprehensive community- competitive award to demonstrate and to determine the effectiveness of the based planning processes that focus on model approaches in five State pilot implemented programs in achieving the the needs of tribal youth. In FY 1997, sites (Arizona, Florida, Iowa, North goals of the Safe Kids/Safe Streets American Indian Development Carolina, and Oregon) and an award to program. The initial 18-month grant Associates (AIDA) was selected to a national contractor to provide began a process evaluation and implement OJJDP’s national technical technical assistance to the pilot sites determined the feasibility of an impact assistance program for tribes and urban and other States. In addition, OJJDP tribal programs across the country for a made funds available to nonpilot States evaluation. 3-year period. that had completed data gathering and This evaluation will be implemented This program will be implemented by assessment to use for innovative DMC by the current grantee, Westat, Inc. No the current grantee, the American projects. additional applications will be solicited Indian Development Associates. No This project will be implemented by in FY 1999. additional applications will be solicited the current grantee, Cygnus Corporation, in FY 1999. Inc. No additional applications will be Safe Kids/Safe Streets: Community Approaches to Reducing Abuse and TeenSupreme Career Preparation solicited in FY 1999. Neglect and Preventing Delinquency Initiative Training and Technical Support for In FY 1998, OJJDP, in partnership State and Local Jurisdictional Teams To This 51⁄2 year demonstration program with the U.S. Department of Labor’s Focus on Juvenile Corrections and is designed to foster coordinated (DOL’s) Employment and Training Detention Overcrowding community responses to child abuse Administration, provided funding Through systemic change within local and neglect. Several components of the support to the Boys & Girls Clubs of juvenile detention systems or statewide Office of Justice Programs joined in FY America for demonstration and juvenile corrections systems, this 1996 to develop this coordinated evaluation of the TeenSupreme Career project seeks to reduce overcrowding in program response to break the cycle of Preparation Initiative. This initiative facilities where juveniles are held. early childhood victimization and later provides employment training and other Competitively awarded in FY 1994 to criminality and to reduce child abuse related services to at-risk youth through the National Juvenile Detention and neglect and resulting child local Boys & Girls Clubs with Association (NJDA), in partnership with fatalities. OJJDP awarded competitive TeenSupreme Centers. In FY 1998, DOL the San Francisco Youth Law Center, cooperative agreements in FY 1997 to funds supported program staffing in the the project provides training and five sites (National Children’s Advocacy existing 41 TeenSupreme Centers, technical assistance materials for use by Center, Huntsville, Alabama; the Sault provided intensive training and State and local jurisdictional teams. technical assistance to each site, and Ste. Marie Tribe of Chippewa Indians, NJDA selected three jurisdictions Sault Ste. Marie, Michigan; Heart of provided administrative and staffing (Camden, New Jersey; Oklahoma City, support to this program from the America United Way, Kansas City, Oklahoma; and the Rhode Island Missouri; Toledo Hospital Children’s national office. OJJDP funds supported Juvenile Corrections System) for onsite the evaluation component of the Medical Center, Toledo, Ohio; and the development, implementation, and Community Network for Children, program, which is to be implemented by testing of procedures to reduce Youth and Family Services, Chittenden an independent evaluator. crowding. Of the original sites selected, This jointly funded Department of County, Vermont). Funds were provided Oklahoma City has completed its work. Labor and OJJDP initiative will be The grantee is exploring additional sites by OJJDP, the Executive Office for Weed implemented by the Boys & Girls Clubs for comprehensive training and and Seed, and the Violence Against of America. No additional applications technical assistance in FY 1999. Women Grants Office. will be solicited in FY 1999. This project will be implemented by In FY 1999, continuation awards will Training and Technical Assistance for the current grantee, the National be made to each of the current National Innovations To Reduce Juvenile Detention Association. No demonstration sites. No additional Disproportionate Minority Confinement additional applications will be solicited applications will be solicited in FY (The Deborah Ann Wysinger Memorial in FY 1999. 1999. Program) Child Abuse and Neglect and Dated: January 27, 1999. In FY 1997, recognizing the continued Dependency Courts Shay Bilchik, need to improve the ability of States and local jurisdictions to address National Evaluation of the Safe Kids/ Administrator, Office of Juvenile Justice and disproportionate confinement of Safe Streets Program Delinquency Prevention. minority juveniles, OJJDP awarded a OJJDP will continue funding the grant [FR Doc. 99–2326 Filed 1–29–99; 8:45 am] competitive grant to Cygnus Corporation competitively awarded in FY 1997 to BILLING CODE 4410±18±P i

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4777±4956...... 1 ii Federal Register / Vol. 64, No. 20 / Monday, February 1, 1999 / Reader Aids

REMINDERS Pennsylvania; published 12- Dual fueled electric Alaska; fisheries of The items in this list were 3-98 passenger automobiles; Exclusive Economic editorially compiled as an aid GENERAL SERVICES minimum driving range; ZoneÐ to Federal Register users. ADMINISTRATION published 12-1-98 Pollock catcher/ Inclusion or exclusion from Acquisition regulations: processors; observer and inseason this list has no legal Federal Supply Service COMMENTS DUE NEXT management significance. multiple award schedule WEEK requirements; comments contracts; streamlining due by 2-8-99; administration and AGRICULTURE published 1-22-99 RULES GOING INTO clarifying marking DEPARTMENT EFFECT FEBRUARY 1, Atlantic coastal fisheriesÐ requirements; published 2- Animal and Plant Health 1999 1-99 Inspection Service Atlantic lobster; comments due by 2-10-99; HEALTH AND HUMAN Exportation and importation of published 1-15-99 AGRICULTURE SERVICES DEPARTMENT animals and animal Magnuson-Stevens Act DEPARTMENT Food and Drug products: provisionsÐ Animal and Plant Health Administration Poultry carcasses from Pacific Coast groundfish Inspection Service Food additives: regions where exotic fishery specifications Interstate transportation of Newcastle disease exists; PolymersÐ and management animals and animal products comments due by 2-8-99; Nylon MXD-6 resins; measures, etc.; (quarantine): published 12-9-98 published 2-1-99 comments due by 2-8- Plant-related quarantine, Tuberculosis in cervidsÐ Medical devices: 99; published 1-8-99 foreign: Identification requirements; Pacific Coast groundfish Humanitarian use devices; Fruits and vegetables; published 12-31-98 fishery specifications published 11-3-98 importationÐ Identification requirements; JUSTICE DEPARTMENT and management correction; published 1- Grapefruit, lemons, and measures, etc.; 21-99 Immigration and oranges from Argentina; comments due by 2-8- Naturalization Service comments due by 2-11- AGRICULTURE 99; published 2-2-99 Immigration: 99; published 12-4-98 DEPARTMENT West Coast States and AliensÐ Grapefruit, lemons, and Commodity Credit Western Pacific Temporary protected oranges from Argentina; fisheriesÐ Corporation comments due by 2-11- status; employment Pacific Coast groundfish; Loan and purchase programs: 99; published 10-16-98 authorization fee comments due by 2-8- Tobacco; importer requirements, etc.; AGRICULTURE 99; published 1-8-99 assessments; published 1- DEPARTMENT published 2-1-99 DEFENSE DEPARTMENT 19-99 Food and Nutrition Service LABOR DEPARTMENT Federal Acquisition Regulation AGRICULTURE Occupational Safety and Food distribution programs: (FAR): DEPARTMENT Health Administration Indian households in Voluntary consensus Grain Inspection, Packers Safety and health standards, Oklahoma; waiver standards use (OMB and Stockyards etc.: authority; comments due Circular A-119); comments Administration by 2-8-99; published 1-8- due by 2-8-99; published Permit-required confined 99 Fees: spaces; published 12-1-98 12-10-98 AGRICULTURE Official inspection and Correction; published 1-4- Personnel: DEPARTMENT weighing services; 99 Former operatives published 12-23-98 Rural Utilities Service PENSION BENEFIT incarcerated by Telecommunications standards AGRICULTURE GUARANTY CORPORATION Democratic Republic of DEPARTMENT and specifications: Vietnam; compensation; Single-employer plans: Rural Utilities Service Materials, equipment, and comments due by 2-8-99; Allocation of assetsÐ constructionÐ published 12-10-98 Program regulations: Interest assumptions for Central office equipment Materials and constructionÐ ENVIRONMENTAL valuing benefits; contract (not including PROTECTION AGENCY Electric overhead published 1-15-99 installation) (RUS Form Acquisition regulations: distribution lines; PERSONNEL MANAGEMENT 545); comments due by Contractor proposal specification and OFFICE 2-9-99; published 12-11- drawings for 24.9/14.4 evaluations; comments Pay administration: 98 kV line construction; due by 2-8-99; published COMMERCE DEPARTMENT published 12-31-98 Indebted government 12-9-98 employees; collection by Export Administration Air pollutants, hazardous; AGRICULTURE offset; published 12-31-98 Bureau national emission standards: DEPARTMENT TRANSPORTATION Export administration Amino/phenolic resins; Aerial photographic DEPARTMENT regulations: comments due by 2-12- reproductions; fee schedule; Specially designated 99; published 12-14-98 published 1-22-99 Federal Aviation Administration terrorists and foreign Air pollution; standards of ENVIRONMENTAL terrorist organizations; Airworthiness directives: performance for new PROTECTION AGENCY exports and reexports; Robinson Helicopter Co.; stationary sources: Air programs; State authority foreign policy controls; published 1-15-99 Synthetic organic chemical delegations: comments due by 2-8-99; manufacturing industry Sikorsky; published 1-15-99 Washington; published 12-1- published 1-8-99 wastewater; volatile 98 TRANSPORTATION COMMERCE DEPARTMENT organic compounds; Air quality implementation DEPARTMENT National Oceanic and comments due by 2-8-99; plans; approval and National Highway Traffic Atmospheric Administration published 12-9-98 promulgation; various Safety Administration Fishery conservation and Air quality implementation States: Fuel economy standards: management: plans; approval and Federal Register / Vol. 64, No. 20 / Monday, February 1, 1999 / Reader Aids iii

promulgation; various Utah; comments due by 2- due by 2-12-99; published Voluntary consensus States: 9-99; published 12-11-98 12-14-98 standards use (OMB California; comments due by Wisconsin; comments due HEALTH AND HUMAN Circular A-119); comments 2-10-99; published 1-11- by 2-8-99; published 12- SERVICES DEPARTMENT due by 2-8-99; published 12-10-98 99 28-98 Inspector General Office, Florida; comments due by FEDERAL HOUSING Health and Human Services TRANSPORTATION 2-8-99; published 1-7-99 FINANCE BOARD Department DEPARTMENT Consolidated Federal air rule: Federal home loan bank Medicare and State health Coast Guard Synthetic organic chemical system: care programs: Great Lakes pilotage manufacturing industry; Collateral eligible to secure Safe harbor provisions and regulations: comments due by 2-10- Federal home loan bank special fraud alerts Meeting; comments due by 99; published 1-14-99 advances; comments due development; comments 2-12-99; published 1-11- Drinking water: by 2-8-99; published 12-8- due by 2-8-99; published 99 National primary drinking 98 12-10-98 TRANSPORTATION water regulationsÐ FEDERAL RETIREMENT INTERIOR DEPARTMENT DEPARTMENT Small public water THRIFT INVESTMENT Fish and Wildlife Service Federal Aviation systems; unregulated BOARD Administration contaminant monitoring Endangered and threatened Thrift savings plan: requirements; species: Air traffic operating and flight suspension; comments Miscellaneous regulations; Findings on petitions, etc.Ð rules, etc.: acceptable power of due by 2-8-99; Bonneville cutthroat trout; High density airports; takeoff attorney requirements; published 1-8-99 comments due by 2-12- and landing slots, comments due by 2-12- Small public water 99; published 1-13-99 allocation; comments due 99; published 12-14-98 by 2-11-99; published 1- systems; unregulated INTERIOR DEPARTMENT contaminant monitoring GENERAL SERVICES 12-99 Wild and scenic rivers; requirements; ADMINISTRATION Airworthiness directives: comments due by 2-8-99; suspension; comments Federal Acquisition Regulation published 12-9-98 Airbus; comments due by 2- due by 2-8-99; (FAR): 8-99; published 1-8-99 INTERIOR DEPARTMENT published 1-8-99 Voluntary consensus Aircraft Belts, Inc.; Hazardous waste program standards use (OMB National Park Service comments due by 2-8-99; authorizations: Circular A-119); comments Land and water conservation published 12-9-98 Utah; comments due by 2- due by 2-8-99; published fund program, State Alexander Schleicher 12-99; published 1-13-99 12-10-98 assistance; post-completion Segelflugzeugbau; Pesticides; tolerances in food, HEALTH AND HUMAN compliance responsibilities; comments due by 2-11- animal feeds, and raw SERVICES DEPARTMENT modification; comments due 99; published 1-5-99 by 2-8-99; published 12-8- agricultural commodities: Food and Drug AlliedSignal, Inc.; comments 98 Cytokinins, etc.; comments Administration due by 2-12-99; published due by 2-8-99; published Human drugs and biological INTERNATIONAL 12-14-98 1-8-99 products: DEVELOPMENT Boeing; comments due by COOPERATION AGENCY Water pollution; effluent Medical imaging drugs and 2-8-99; published 12-9-98 guidelines for point source biologics, development; Overseas Private Investment Breeze Eastern Aerospace; categories: industry guidance; Corporation comments due by 2-12- Industrial laundries; comments due by 2-12- Administrative provisions: 99; published 12-14-98 comments due by 2-8-99; 99; published 1-5-99 Legal proceedings; British Aerospace; published 12-23-98 Human drugs, medical production of nonpublic comments due by 2-12- FARM CREDIT devices, and biological records and testimony of 99; published 12-31-98 ADMINISTRATION products: OPIC employees; CFE Co.; comments due by Farm credit system: Human cellular and tissue- comments due by 2-8-99; 2-12-99; published 12-14- Loan policies and based products published 12-10-98 98 operationsÐ manufacturers; JUSTICE DEPARTMENT McDonnell Douglas; Chartered territories; establishment registration Immigration and comments due by 2-8-99; comments due by 2-8- and listing; comments due Naturalization Service published 12-10-98 99; published 11-9-98 by 2-8-99; published 12- Immigration: S.N. CENTRAIR; comments 10-98 FEDERAL Health care workers; interim due by 2-11-99; published Unapproved or violative COMMUNICATIONS procedures; comments 1-5-99 products imported for further COMMISSION due by 2-11-99; published processing or incorporation TRANSPORTATION Radio stations; table of 10-14-98 DEPARTMENT assignments: and subsequent export; reporting and recordkeeping LABOR DEPARTMENT Federal Highway Massachusetts; comments Administration due by 2-8-99; published requirements; comments Pension and Welfare 12-28-98 due by 2-8-99; published Benefits Administration Motor carrier safety standards: 11-24-98 Montana; comments due by Employee Retirement Income Waivers, exemptions, and 2-8-99; published 12-28- HEALTH AND HUMAN Security Act: pilot programs; rules and 98 SERVICES DEPARTMENT Annual reporting and procedures; comments due by 2-8-99; published New York; comments due Health Care Financing disclosure requirements; 12-8-98 by 2-9-99; published 12- Administration comments due by 2-8-99; 11-98 Medicare and medicaid published 12-10-98 TRANSPORTATION North Dakota; comments programs: NATIONAL AERONAUTICS DEPARTMENT due by 2-8-99; published Civil money penalties, AND SPACE National Highway Traffic 12-28-98 assessments, exclusions, ADMINISTRATION Safety Administration Texas; comments due by 2- and related appeals Federal Acquisition Regulation Motor vehicle safety 8-99; published 12-28-98 procedures; comments (FAR): standards: iv Federal Register / Vol. 64, No. 20 / Monday, February 1, 1999 / Reader Aids

Lamps, reflective devices, TRANSPORTATION due by 2-11-99; Consolidated return and associated DEPARTMENT published 1-12-99 regulationsÐ equipmentÐ Research and Special Hazardous materials safety Consolidated groups; Headlighting; comments Programs Administration rulemaking and program overall foreign losses due by 2-10-99; procedures; revision and and separate limitation Hazardous materials: published 11-12-98 clarification; comments losses; cross-reference; Occupant crash protectionÐ Hazardous liquid due by 2-9-99; published comments due by 2-10- 99; published 12-29-98 Air bag depowering; transportationÐ 12-11-98 performance standard Liquefied compressed TREASURY DEPARTMENT TREASURY DEPARTMENT changed; correction; gases; continued Privacy Act; implementation; comments due by 2-11- manufacture of MC331 Internal Revenue Service comments due by 2-8-99; 99; published 12-28-98 cargo tanks; comments Income taxes: published 1-8-99 Federal Register / Vol. 64, No. 20 / Monday, February 1, 1999 / Reader Aids v

CFR CHECKLIST Title Stock Number Price Revision Date 14 Parts: 1–59 ...... (869–034–00037–1) ...... 47.00 Jan. 1, 1998 This checklist, prepared by the Office of the Federal Register, is 60–139 ...... (869–034–00038–0) ...... 40.00 Jan. 1, 1998 published weekly. It is arranged in the order of CFR titles, stock 140–199 ...... (869–034–00039–8) ...... 16.00 Jan. 1, 1998 numbers, prices, and revision dates. 200–1199 ...... (869–034–00040–1) ...... 29.00 Jan. 1, 1998 An asterisk (*) precedes each entry that has been issued since last 1200–End ...... (869–034–00041–0) ...... 23.00 Jan. 1, 1998 week and which is now available for sale at the Government Printing 15 Parts: Office. 0–299 ...... (869–034–00042–8) ...... 22.00 Jan. 1, 1998 A checklist of current CFR volumes comprising a complete CFR set, 300–799 ...... (869–034–00043–6) ...... 33.00 Jan. 1, 1998 also appears in the latest issue of the LSA (List of CFR Sections 800–End ...... (869–034–00044–4) ...... 23.00 Jan. 1, 1998 Affected), which is revised monthly. 16 Parts: The CFR is available free on-line through the Government Printing 0–999 ...... (869–034–00045–2) ...... 30.00 Jan. 1, 1998 Office's GPO Access Service at http://www.access.gpo.gov/nara/cfr/ 1000–End ...... (869–034–00046–1) ...... 33.00 Jan. 1, 1998 index.html. For information about GPO Access call the GPO User Support Team at 1-888-293-6498 (toll free) or 202-512-1530. 17 Parts: 1–199 ...... (869–034–00048–7) ...... 27.00 Apr. 1, 1998 The annual rate for subscription to all revised paper volumes is 200–239 ...... (869–034–00049–5) ...... 32.00 Apr. 1, 1998 $951.00 domestic, $237.75 additional for foreign mailing. 240–End ...... (869–034–00050–9) ...... 40.00 Apr. 1, 1998 Mail orders to the Superintendent of Documents, Attn: New Orders, 18 Parts: P.O. Box 371954, Pittsburgh, PA 15250±7954. All orders must be 1–399 ...... (869–034–00051–7) ...... 45.00 Apr. 1, 1998 accompanied by remittance (check, money order, GPO Deposit 400–End ...... (869–034–00052–5) ...... 13.00 Apr. 1, 1998 Account, VISA, Master Card, or Discover). Charge orders may be telephoned to the GPO Order Desk, Monday through Friday, at (202) 19 Parts: 512±1800 from 8:00 a.m. to 4:00 p.m. eastern time, or FAX your 1–140 ...... (869–034–00053–3) ...... 34.00 Apr. 1, 1998 charge orders to (202) 512-2250. 141–199 ...... (869–034–00054–1) ...... 33.00 Apr. 1, 1998 200–End ...... (869–034–00055–0) ...... 15.00 Apr. 1, 1998 Title Stock Number Price Revision Date 20 Parts: 1, 2 (2 Reserved) ...... (869–034–00001–1) ...... 5.00 5 Jan. 1, 1998 1–399 ...... (869–034–00056–8) ...... 29.00 Apr. 1, 1998 3 (1997 Compilation 400–499 ...... (869–034–00057–6) ...... 28.00 Apr. 1, 1998 and Parts 100 and 500–End ...... (869–034–00058–4) ...... 44.00 Apr. 1, 1998 1 101) ...... (869–034–00002–9) ...... 19.00 Jan. 1, 1998 21 Parts: 4 ...... (869–034–00003–7) ...... 7.00 5 Jan. 1, 1998 1–99 ...... (869–034–00059–2) ...... 21.00 Apr. 1, 1998 100–169 ...... (869–034–00060–6) ...... 27.00 Apr. 1, 1998 5 Parts: 170–199 ...... (869–034–00061–4) ...... 28.00 Apr. 1, 1998 1–699 ...... (869–034–00004–5) ...... 35.00 Jan. 1, 1998 200–299 ...... (869–034–00062–2) ...... 9.00 Apr. 1, 1998 700–1199 ...... (869–034–00005–3) ...... 26.00 Jan. 1, 1998 300–499 ...... (869–034–00063–1) ...... 50.00 Apr. 1, 1998 1200–End, 6 (6 500–599 ...... (869–034–00064–9) ...... 28.00 Apr. 1, 1998 Reserved) ...... (869–034–00006–1) ...... 39.00 Jan. 1, 1998 600–799 ...... (869–034–00065–7) ...... 9.00 Apr. 1, 1998 7 Parts: 800–1299 ...... (869–034–00066–5) ...... 32.00 Apr. 1, 1998 1–26 ...... (869–034–00007–0) ...... 24.00 Jan. 1, 1998 1300–End ...... (869–034–00067–3) ...... 12.00 Apr. 1, 1998 27–52 ...... (869–034–00008–8) ...... 30.00 Jan. 1, 1998 22 Parts: 53–209 ...... (869–034–00009–6) ...... 20.00 Jan. 1, 1998 1–299 ...... (869–034–00068–1) ...... 41.00 Apr. 1, 1998 210–299 ...... (869–034–00010–0) ...... 44.00 Jan. 1, 1998 300–End ...... (869–034–00069–0) ...... 31.00 Apr. 1, 1998 300–399 ...... (869–034–00011–8) ...... 24.00 Jan. 1, 1998 400–699 ...... (869–034–00012–6) ...... 33.00 Jan. 1, 1998 23 ...... (869–034–00070–3) ...... 25.00 Apr. 1, 1998 700–899 ...... (869–034–00013–4) ...... 30.00 Jan. 1, 1998 24 Parts: 900–999 ...... (869–034–00014–2) ...... 39.00 Jan. 1, 1998 0–199 ...... (869–034–00071–1) ...... 32.00 Apr. 1, 1998 1000–1199 ...... (869–034–00015–1) ...... 44.00 Jan. 1, 1998 200–499 ...... (869–034–00072–0) ...... 28.00 Apr. 1, 1998 1200–1599 ...... (869–034–00016–9) ...... 34.00 Jan. 1, 1998 500–699 ...... (869–034–00073–8) ...... 17.00 Apr. 1, 1998 1600–1899 ...... (869–034–00017–7) ...... 58.00 Jan. 1, 1998 700–1699 ...... (869–034–00074–6) ...... 45.00 Apr. 1, 1998 1900–1939 ...... (869–034–00018–5) ...... 18.00 Jan. 1, 1998 1700–End ...... (869–034–00075–4) ...... 17.00 Apr. 1, 1998 1940–1949 ...... (869–034–00019–3) ...... 33.00 Jan. 1, 1998 25 ...... (869–034–00076–2) ...... 42.00 Apr. 1, 1998 1950–1999 ...... (869–034–00020–7) ...... 40.00 Jan. 1, 1998 2000–End ...... (869–034–00021–5) ...... 24.00 Jan. 1, 1998 26 Parts: §§ 1.0-1–1.60 ...... (869–034–00077–1) ...... 26.00 Apr. 1, 1998 8 ...... (869–034–00022–3) ...... 33.00 Jan. 1, 1998 §§ 1.61–1.169 ...... (869–034–00078–9) ...... 48.00 Apr. 1, 1998 9 Parts: §§ 1.170–1.300 ...... (869–034–00079–7) ...... 31.00 Apr. 1, 1998 1–199 ...... (869–034–00023–1) ...... 40.00 Jan. 1, 1998 §§ 1.301–1.400 ...... (869–034–00080–1) ...... 23.00 Apr. 1, 1998 200–End ...... (869–034–00024–0) ...... 33.00 Jan. 1, 1998 §§ 1.401–1.440 ...... (869–034–00081–9) ...... 39.00 Apr. 1, 1998 §§ 1.441-1.500 ...... (869-034-00082-7) ...... 29.00 Apr. 1, 1998 10 Parts: §§ 1.501–1.640 ...... (869–034–00083–5) ...... 27.00 Apr. 1, 1998 0–50 ...... (869–034–00025–8) ...... 39.00 Jan. 1, 1998 §§ 1.641–1.850 ...... (869–034–00084–3) ...... 32.00 Apr. 1, 1998 51–199 ...... (869–034–00026–6) ...... 32.00 Jan. 1, 1998 §§ 1.851–1.907 ...... (869–034–00085–1) ...... 36.00 Apr. 1, 1998 200–499 ...... (869–034–00027–4) ...... 31.00 Jan. 1, 1998 §§ 1.908–1.1000 ...... (869–034–00086–0) ...... 35.00 Apr. 1, 1998 500–End ...... (869–034–00028–2) ...... 43.00 Jan. 1, 1998 §§ 1.1001–1.1400 ...... (869–034–00087–8) ...... 38.00 Apr. 1, 1998 11 ...... (869–034–00029–1) ...... 19.00 Jan. 1, 1998 §§ 1.1401–End ...... (869–034–00088–6) ...... 51.00 Apr. 1, 1998 2–29 ...... (869–034–00089–4) ...... 36.00 Apr. 1, 1998 12 Parts: 30–39 ...... (869–034–00090–8) ...... 25.00 Apr. 1, 1998 1–199 ...... (869–034–00030–4) ...... 17.00 Jan. 1, 1998 40–49 ...... (869–034–00091–6) ...... 16.00 Apr. 1, 1998 200–219 ...... (869–034–00031–2) ...... 21.00 Jan. 1, 1998 50–299 ...... (869–034–00092–4) ...... 19.00 Apr. 1, 1998 220–299 ...... (869–034–00032–1) ...... 39.00 Jan. 1, 1998 300–499 ...... (869–034–00093–2) ...... 34.00 Apr. 1, 1998 300–499 ...... (869–034–00033–9) ...... 23.00 Jan. 1, 1998 500–599 ...... (869–034–00094–1) ...... 10.00 Apr. 1, 1998 500–599 ...... (869–034–00034–7) ...... 24.00 Jan. 1, 1998 600–End ...... (869–034–00095–9) ...... 9.00 Apr. 1, 1998 600–End ...... (869–034–00035–5) ...... 44.00 Jan. 1, 1998 27 Parts: 13 ...... (869–034–00036–3) ...... 23.00 Jan. 1, 1998 1–199 ...... (869–034–00096–7) ...... 49.00 Apr. 1, 1998 vi Federal Register / Vol. 64, No. 20 / Monday, February 1, 1999 / Reader Aids

Title Stock Number Price Revision Date Title Stock Number Price Revision Date 200–End ...... (869–034–00097–5) ...... 17.00 6 Apr. 1, 1998 266–299 ...... (869–034–00151–3) ...... 33.00 July 1, 1998 ...... 28 Parts: ...... 300–399 (869–034–00152–1) 26.00 July 1, 1998 400–424 ...... (869–034–00153–0) ...... 33.00 July 1, 1998 0-42 ...... (869–034–00098–3) ...... 36.00 July 1, 1998 425–699 ...... (869–034–00154–8) ...... 42.00 July 1, 1998 43-end ...... (869-034-00099-1) ...... 30.00 July 1, 1998 700–789 ...... (869–034–00155–6) ...... 41.00 July 1, 1998 29 Parts: 790–End ...... (869–034–00156–4) ...... 22.00 July 1, 1998 0–99 ...... (869–034–00100–9) ...... 26.00 July 1, 1998 41 Chapters: 100–499 ...... (869–034–00101–7) ...... 12.00 July 1, 1998 1, 1–1 to 1–10 ...... 13.00 3 July 1, 1984 500–899 ...... (869–034–00102–5) ...... 40.00 July 1, 1998 1, 1–11 to Appendix, 2 (2 Reserved) ...... 13.00 3 July 1, 1984 900–1899 ...... (869–034–00103–3) ...... 20.00 July 1, 1998 3–6 ...... 14.00 3 July 1, 1984 1900–1910 (§§ 1900 to 7 ...... 6.00 3 July 1, 1984 1910.999) ...... (869–034–00104–1) ...... 44.00 July 1, 1998 8 ...... 4.50 3 July 1, 1984 1910 (§§ 1910.1000 to 9 ...... 13.00 3 July 1, 1984 end) ...... (869–034–00105–0) ...... 27.00 July 1, 1998 10–17 ...... 9.50 3 July 1, 1984 1911–1925 ...... (869–034–00106–8) ...... 17.00 July 1, 1998 18, Vol. I, Parts 1–5 ...... 13.00 3 July 1, 1984 1926 ...... (869–034–00107–6) ...... 30.00 July 1, 1998 18, Vol. II, Parts 6–19 ...... 13.00 3 July 1, 1984 1927–End ...... (869–034–00108–4) ...... 41.00 July 1, 1998 18, Vol. III, Parts 20–52 ...... 13.00 3 July 1, 1984 30 Parts: 19–100 ...... 13.00 3 July 1, 1984 1–199 ...... (869–034–00109–2) ...... 33.00 July 1, 1998 1–100 ...... (869–034–00157–2) ...... 13.00 July 1, 1998 200–699 ...... (869–034–00110–6) ...... 29.00 July 1, 1998 101 ...... (869–034–00158–1) ...... 37.00 July 1, 1998 700–End ...... (869–034–00111–4) ...... 33.00 July 1, 1998 102–200 ...... (869–034–00158–9) ...... 15.00 July 1, 1998 201–End ...... (869–034–00160–2) ...... 13.00 July 1, 1998 31 Parts: 0–199 ...... (869–034–00112–2) ...... 20.00 July 1, 1998 42 Parts: 200–End ...... (869–034–00113–1) ...... 46.00 July 1, 1998 1–399 ...... (869–034–00161–1) ...... 34.00 Oct. 1, 1998 400–429 ...... (869–032–00161–8) ...... 35.00 Oct. 1, 1997 32 Parts: 430–End ...... (869–034–00163–7) ...... 51.00 Oct. 1, 1998 1–39, Vol. I ...... 15.00 2 July 1, 1984 1–39, Vol. II ...... 19.00 2 July 1, 1984 43 Parts: 1–39, Vol. III ...... 18.00 2 July 1, 1984 1–999 ...... (869–032–00163–4) ...... 31.00 Oct. 1, 1997 1–190 ...... (869–034–00114–9) ...... 47.00 July 1, 1998 1000–end ...... (869–032–00164–2) ...... 50.00 Oct. 1, 1997 191–399 ...... (869–034–00115–7) ...... 51.00 July 1, 1998 44 ...... (869–032–00165–1) ...... 31.00 Oct. 1, 1997 400–629 ...... (869–034–00116–5) ...... 33.00 July 1, 1998 630–699 ...... (869–034–00117–3) ...... 22.00 4 July 1, 1998 45 Parts: 700–799 ...... (869–034–00118–1) ...... 26.00 July 1, 1998 1–199 ...... (869–032–00166–9) ...... 30.00 Oct. 1, 1997 800–End ...... (869–034–00119–0) ...... 27.00 July 1, 1998 200–499 ...... (869–032–00167–7) ...... 18.00 Oct. 1, 1997 500–1199 ...... (869–032–00168–5) ...... 29.00 Oct. 1, 1997 33 Parts: 1200–End ...... (869–034–00170–0) ...... 39.00 Oct. 1, 1998 1–124 ...... (869–034–00120–3) ...... 29.00 July 1, 1998 125–199 ...... (869–034–00121–1) ...... 38.00 July 1, 1998 46 Parts: 200–End ...... (869–034–00122–0) ...... 30.00 July 1, 1998 *1–40 ...... (869–034–00171–8) ...... 26.00 Oct. 1, 1998 *41–69 ...... (869–034–00172–6) ...... 21.00 Oct. 1, 1998 34 Parts: 70–89 ...... (869–034–00173–4) ...... 8.00 Oct. 1, 1998 1–299 ...... (869–034–00123–8) ...... 27.00 July 1, 1998 *90–139 ...... (869–034–00174–2) ...... 26.00 Oct. 1, 1998 300–399 ...... (869–034–00124–6) ...... 25.00 July 1, 1998 140–155 ...... (869–032–00174–0) ...... 15.00 Oct. 1, 1997 400–End ...... (869–034–00125–4) ...... 44.00 July 1, 1998 156–165 ...... (869–032–00175–8) ...... 20.00 Oct. 1, 1997 35 ...... (869–034–00126–2) ...... 14.00 July 1, 1998 166–199 ...... (869–032–00176–6) ...... 26.00 Oct. 1, 1997 *200–499 ...... (869–034–00178–5) ...... 22.00 Oct. 1, 1998 36 Parts 500–End ...... (869–034–00179–3) ...... 16.00 Oct. 1, 1998 1–199 ...... (869–034–00127–1) ...... 20.00 July 1, 1998 200–299 ...... (869–034–00128–9) ...... 21.00 July 1, 1998 47 Parts: 300–End ...... (869–034–00129–7) ...... 35.00 July 1, 1998 0–19 ...... (869–034–00180–7) ...... 36.00 Oct. 1, 1998 *20–39 ...... (869–034–00181–5) ...... 27.00 Oct. 1, 1998 37 (869–034–00130–1) ...... 27.00 July 1, 1998 40–69 ...... (869–032–00181–2) ...... 23.00 Oct. 1, 1997 38 Parts: 70–79 ...... (869–032–00182–1) ...... 33.00 Oct. 1, 1997 0–17 ...... (869–034–00131–9) ...... 34.00 July 1, 1998 80–End ...... (869–032–00183–9) ...... 43.00 Oct. 1, 1997 18–End ...... (869–034–00132–7) ...... 39.00 July 1, 1998 48 Chapters: 39 ...... (869–034–00133–5) ...... 23.00 July 1, 1998 1 (Parts 1–51) ...... (869–034–00185–8) ...... 51.00 Oct. 1, 1998 1 (Parts 52–99) ...... (869–034–00186–6) ...... 29.00 Oct. 1, 1998 40 Parts: 2 (Parts 201–299) ...... (869–032–00186–3) ...... 35.00 Oct. 1, 1997 1–49 ...... (869–034–00134–3) ...... 31.00 July 1, 1998 *3–6 ...... (869–034–00188–2) ...... 29.00 Oct. 1, 1998 50–51 ...... (869–034–00135–1) ...... 24.00 July 1, 1998 *7–14 ...... (869–034–00189–1) ...... 32.00 Oct. 1, 1998 52 (52.01–52.1018) ...... (869–034–00136–0) ...... 28.00 July 1, 1998 15–28 ...... (869–032–00189–8) ...... 33.00 Oct. 1, 1997 52 (52.1019–End) ...... (869–034–00137–8) ...... 33.00 July 1, 1998 29–End ...... (869–032–00190–1) ...... 25.00 Oct. 1, 1997 53–59 ...... (869–034–00138–6) ...... 17.00 July 1, 1998 60 ...... (869–034–00139–4) ...... 53.00 July 1, 1998 49 Parts: 61–62 ...... (869–034–00140–8) ...... 18.00 July 1, 1998 1–99 ...... (869–034–00192–1) ...... 31.00 Oct. 1, 1998 63 ...... (869–034–00141–6) ...... 57.00 July 1, 1998 100–185 ...... (869–032–00192–8) ...... 50.00 Oct. 1, 1997 64–71 ...... (869–034–00142–4) ...... 11.00 July 1, 1998 186–199 ...... (869–032–00193–6) ...... 11.00 Oct. 1, 1997 72–80 ...... (869–034–00143–2) ...... 36.00 July 1, 1998 200–399 ...... (869–032–00194–4) ...... 43.00 Oct. 1, 1997 81–85 ...... (869–034–00144–1) ...... 31.00 July 1, 1998 400–999 ...... (869–032–00195–2) ...... 49.00 Oct. 1, 1997 86 ...... (869–034–00144–9) ...... 53.00 July 1, 1998 1000–1199 ...... (869–034–00197–1) ...... 17.00 Oct. 1, 1998 87-135 ...... (869–034–00146–7) ...... 47.00 July 1, 1998 1200–End ...... (869–032–00197–9) ...... 14.00 Oct. 1, 1997 136–149 ...... (869–034–00147–5) ...... 37.00 July 1, 1998 50 Parts: 150–189 ...... (869–034–00148–3) ...... 34.00 July 1, 1998 1–199 ...... (869–032–00198–7) ...... 41.00 Oct. 1, 1997 190–259 ...... (869–034–00149–1) ...... 23.00 July 1, 1998 *200–599 ...... (869–034–00200–5) ...... 22.00 Oct. 1, 1998 260–265 ...... (869–034–00150–9) ...... 29.00 July 1, 1998 600–End ...... (869–032–00200–2) ...... 29.00 Oct. 1, 1997 Federal Register / Vol. 64, No. 20 / Monday, February 1, 1999 / Reader Aids vii

Title Stock Number Price Revision Date CFR Index and Findings Aids ...... (869–034–00049–6) ...... 46.00 Jan. 1, 1998 Complete 1998 CFR set ...... 951.00 1998 Microfiche CFR Edition: Subscription (mailed as issued) ...... 247.00 1998 Individual copies ...... 1.00 1998 Complete set (one-time mailing) ...... 247.00 1997 Complete set (one-time mailing) ...... 264.00 1996 1 Because Title 3 is an annual compilation, this volume and all previous volumes should be retained as a permanent reference source. 2 The July 1, 1985 edition of 32 CFR Parts 1–189 contains a note only for Parts 1–39 inclusive. For the full text of the Defense Acquisition Regulations in Parts 1–39, consult the three CFR volumes issued as of July 1, 1984, containing those parts. 3 The July 1, 1985 edition of 41 CFR Chapters 1–100 contains a note only for Chapters 1 to 49 inclusive. For the full text of procurement regulations in Chapters 1 to 49, consult the eleven CFR volumes issued as of July 1, 1984 containing those chapters. 4 No amendments to this volume were promulgated during the period July 1, 1997 to June 30, 1998. The volume issued July 1, 1997, should be retained. 5 No amendments to this volume were promulgated during the period January 1, 1997 through December 31, 1997. The CFR volume issued as of January 1, 1997 should be retained. 6 No amendments to this volume were promulgated during the period April 1, 1997, through April 1, 1998. The CFR volume issued as of April 1, 1997, should be retained. viii Federal Register / Vol. 64, No. 20 / Monday, February 1, 1999 / Reader Aids

TABLE OF EFFECTIVE DATES AND TIME PERIODSÐFEBRUARY 1999

This table is used by the Office of the dates, the day after publication is A new table will be published in the Federal Register to compute certain counted as the first day. first issue of each month. dates, such as effective dates and When a date falls on a weekend or comment deadlines, which appear in holiday, the next Federal business day agency documents. In computing these is used. (See 1 CFR 18.17)

DATE OF FR 15 DAYS AFTER 30 DAYS AFTER 45 DAYS AFTER 60 DAYS AFTER 90 DAYS AFTER PUBLICATION PUBLICATION PUBLICATION PUBLICATION PUBLICATION PUBLICATION

February 1 February 16 March 3 March 18 April 2 May 3

February 2 February 17 March 4 March 19 April 5 May 3

February 3 February 18 March 5 March 22 April 5 May 4

February 4 February 19 March 8 March 22 April 5 May 5

February 5 February 22 March 8 March 22 April 6 May 6

February 8 February 23 March 10 March 25 April 9 May 10

February 9 February 24 March 11 March 26 April 12 May 10

February 10 February 25 March 12 March 29 April 12 May 11

February 11 February 26 March 15 March 29 April 12 May 12

February 12 March 1 March 15 March 29 April 13 May 13

February 16 March 3 March 18 April 2 April 19 May 17

February 17 March 4 March 19 April 5 April 19 May 18

February 18 March 5 March 22 April 5 April 19 May 19

February 19 March 8 March 22 April 5 April 20 May 20

February 22 March 9 March 24 April 8 April 23 May 24

February 23 March 10 March 25 April 9 April 26 May 24

February 24 March 11 March 26 April 12 April 26 May 26

February 25 March 12 March 29 April 12 April 26 May 26

February 26 March 15 March 29 April 12 April 27 May 27