Pages 44101±44396 Vol. 64 8±13±99 eDt 8JN9 84 u 2 99Jt134 O000Fm001Ft41 ft41 :F\M1AW.X fm1PsN:13AUWS pfrm11 E:\FR\FM\13AUWS.XXX Sfmt4710 Fmt4710 Frm00001 PO00000 Jkt183247 18:45Aug12, 1999 VerDate 18-JUN-99 No. 156 federal register August 13,1999 Friday 1 II Federal Register / Vol. 64, No. 156 / Friday, August 13, 1999
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Contents Federal Register Vol. 64, No. 156
Friday, August 13, 1999
Advisory Commission on Electronic Commerce Commerce Department See Electronic Commerce Advisory Commission See Foreign-Trade Zones Board See International Trade Administration Agriculture Department See Animal and Plant Health Inspection Service Committee for Purchase From People Who Are Blind or See Food and Nutrition Service Severely Disabled See Food Safety and Inspection Service NOTICES See Grain Inspection, Packers and Stockyards Procurement list; additions and deletions, 44197–44198 Administration NOTICES Defense Department Agency information collection activities: See Engineers Corps Submission for OMB review; comment request, 44184– See Navy Department 44185 Reports and guidance documents; availability, etc.: Electronic Commerce Advisory Commission Biobased products submission for listing by USDA; NOTICES procedures, 44185–44193 Federal, State, local, and international taxation and tariff treatment of Internet transactions; comment request, Animal and Plant Health Inspection Service 44183 NOTICES Meetings, 44183–44184 Agency information collection activities: Proposed collection; comment request, 44193–44194 Employment and Training Administration NOTICES Army Department Agency information collection activities: See Engineers Corps Proposed collection; comment request, 44238 Employment Standards Administration Blind or Severely Disabled, Committee for Purchase From People Who Are NOTICES Minimum wages for Federal and federally-assisted See Committee for Purchase From People Who Are Blind or construction; general wage determination decisions, Severely Disabled 44239–44240
Bonneville Power Administration Energy Department NOTICES See Bonneville Power Administration Electric power transmission, acquisition, and conservation: See Federal Energy Regulatory Commission 2002 wholesale power rate adjustment; public hearing NOTICES and comment request, 44317–44361 Environmental statements; availability, etc.: Firm power products and services rate schedule (FPS-96); Yucca Mountain; NV; spent nuclear fuel and high-level correction of errors, 44361–44366 radioactive waste disposal; geologic repository, 44200–44202 Centers for Disease Control and Prevention NOTICES Engineers Corps Agency information collection activities: NOTICES Submission for OMB review; comment request, 44222– Environmental statements; notice of intent: 44224 Everglades National Park, FL; modified water deliveries Committees; establishment, renewal, termination, etc.: project; protection of Cape Sable seaside sparrow, National Vaccine Advisory Committee, 44224 44199–44200 Meetings: HIV and STD Prevention Advisory Committee, 44224 Environmental Protection Agency National Institute for Occupational Safety and Health— RULES Best practices back injury prevention program in Air quality implementation plans; approval and nursing homes; evaluation, 44224–44225 promulgation; various States: California, 44134–44135 Coast Guard Minnesota, 44131–44134 RULES Superfund program: Drawbridge operations: National oil and hazardous substances contingency Connecticut, 44131 plan— New Jersey, 44129–44131 National priorities list update, 44135–44136 PROPOSED RULES PROPOSED RULES Drawbridge operations: Air quality implementation plans; approval and Connecticut, 44145–44151 promulgation; various States: New Jersey, 44148–44149 Minnesota, 44152
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NOTICES Federal Railroad Administration Environmental statements; availability, etc.: NOTICES Agency statements— Environmental statements; availability, etc.: Comment availability, 44218–44219 Pennsylvania Station Redevelopment Project, NY, 44257– Weekly receipts, 44217–44218 44258 Pesticide programs: Traffic control systems; discontinuance or modification: Organophosphates; risk assessments and public CSX Transportation, Inc., 44258–44259 participation in risk management— Union Pacific Railroad Co., 44259–44260 Methyl parathion, 44219–44220 Superfund; response and remedial actions, proposed Federal Reserve System settlements, etc.: NOTICES Petroleum Products Site, 44220–44221 Meetings; Sunshine Act, 44221–44222 Water pollution control: Clean Water Act— Federal Transit Administration Class II administrative penalty assessments, 44221 NOTICES Environmental statements; notice of intent: Executive Office of the President Los Angeles, CA; Eastside Transit Corridor, 44260–44262 See Management and Budget Office See Presidential Documents Fish and Wildlife Service PROPOSED RULES Federal Aviation Administration Endangered and threatened species: RULES Scaleshell mussel, 44171–44182 Airworthiness directives: Migratory bird hunting: Boeing, 44110–44112 Federal Indian reservations, off-reservation trust lands Pilatus Aircraft Ltd., 44112–44114 and ceded lands, 44383–44395 Class D and Class E airspace, 44114–44116 NOTICES Class E airspace, 44116–44117 Agency information collection activities: Class E airspace; correction, 44268 Submission for OMB review; comment request, 44232– Standard instrument approach procedures, 44117–44121 44234 PROPOSED RULES Meetings: Air traffic operating and flight rules, etc.: Endangered Species of Wild Fauna and Flora High density rule; interpretation, 44145 International Trade Convention; correction, 44234 Airworthiness directives: National Wildlife Refuge System Improvement Act of 1997; Pilatus Aircraft Ltd., 44137–44139 implementation: Class E airspace, 44139–44145 Service Manual; comprehensive conservation plans and NOTICES step-down management plans, 44367–44382 Exemption petitions; summary and disposition, 44253– 44254 Food and Drug Administration Passenger facility charges; applications, etc.: RULES Pasco, WA, et al., 44254–44257 Food additives: Acidified sodium chlorite solutions, 44122–44123 Federal Deposit Insurance Corporation Petroleum wax, 44121–44122 NOTICES NOTICES Meetings; Sunshine Act, 44221 Meetings: Egg safety action plan, 44195–44196 Federal Energy Regulatory Commission Foodborne listeria monocytogenes; public health impact, NOTICES 44225 Electric rate and corporate regulation filings: Ready-to-eat foods; bare-hand contact, 44225–44226 Central Hudson Gas & Electric Corp. et al., 44206–44208 Vibrio parahaemolyticus in molluscan shellfish; public Environmental statements; notice of intent: health impact, 44226–44227 Southern LNG Inc., 44209–44210 Hydroelectric applications, 44210–44217 Food and Nutrition Service Applications, hearings, determinations, etc.: NOTICES AG-Energy, L.P., et al., 44202 Agency information collection activities: CP Power Sales Fifteen, L.L.C., et al., 44203 Proposed collection; comment request, 44194–44195 Duke Energy Moss Landing, LLC, et al., 44203 Edison Mission Marketing & Trading, Inc., et al., 44203 Food Safety and Inspection Service Equitrans, L.P., 44204 NOTICES FPL Energy Power Marketing, Inc., et al., 44204 Meetings: Logan Generating Co., L.P., et al., 44204 Egg safety action plan, 44195–44196 Mid Louisiana Gas Co., 44205 New England Power Co. et al., 44205 Foreign-Trade Zones Board Williams Gas Pipelines Central, Inc., 44205–44206 NOTICES Applications, hearings, determinations, etc.: Federal Housing Finance Board Oklahoma RULES Xerox Corp.; photocopier, printer toner, and cartridge Unpublished information availability, 44103–44109 manufacturing facilities, 44198–44199
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Grain Inspection, Packers and Stockyards Administration Maritime Administration NOTICES PROPOSED RULES Agency designation actions: Vessel financing assistance: California, 44196–44197 Obligation guarantees; Title XI program— Putting customers first, 44152–44164 Health and Human Services Department Minerals Management Service See Centers for Disease Control and Prevention NOTICES See Food and Drug Administration Agency information collection activities: See Health Care Financing Administration Proposed collection; comment request, 44236–44237 See National Institutes of Health National Highway Traffic Safety Administration Health Care Financing Administration PROPOSED RULES NOTICES Consumer information: Medicare: Seat belt positioners, 44164–44171 Durable medical equipment and prosthetic devices; NOTICES special payment limits, 44227–44231 Motor vehicle safety standards: Meetings: Nonconforming vehicles— Medicare Coverage Advisory Committee, 44231–44232 Importation eligibility; determinations, 44262–44263 Importation eligibility; determinations; correction, 44268 Housing and Urban Development Department Motor vehicle safety standards; exemption petitions, etc.: NOTICES American Honda Motor Co., Inc., 44263–44264 Grants and cooperative agreements; availability, etc.: Aprilia, S.p.A., 44264–44265 Facilities to assist homeless— Excess and surplus Federal property, 44269–44316 National Institutes of Health NOTICES Indian Affairs Bureau Patent licenses; non-exclusive, exclusive, or partially NOTICES exclusive: Tribal-State Compacts approval; Class III (casino) gambling: Ontogeny, Inc., 44232 Nisqually Tribe, WA, 44234 St Regis Mohawk Tribe, NY, 44234–44235 National Science Foundation NOTICES Committees; establishment, renewal, termination, etc.: Interior Department Public Affairs Advisory Group, 44242 See Fish and Wildlife Service See Indian Affairs Bureau Navy Department See Land Management Bureau NOTICES See Minerals Management Service Environmental statements; availability, etc.: Naval Air Station Fallon, NV; training complex International Trade Administration requirements, 44235–44236 NOTICES Antidumping: Nuclear Regulatory Commission Live cattle from— PROPOSED RULES Canada, 44199 Production and utilization facilities; domestic licensing: Risk-informed revisions, Option 3; workshop, 44137 NOTICES Labor Department Applications, hearings, determinations, etc.: See Employment and Training Administration Energy Northwest, 44242–44243 See Employment Standards Administration Nebraska Public Power District, 44243 See Occupational Safety and Health Administration PECO Energy Co., 44243–44245 NOTICES Tennessee Valley Authority, 44245–44246 Agency information collection activities: Submission for OMB review; comment request, 44237– Occupational Safety and Health Administration 44238 NOTICES Nationally recognized testing laboratories, etc.: Land Management Bureau Factory Mutual Research Corp., 44240–44241 NOTICES Underwriters Laboratories Inc., 44241–44242 Closure of public lands: Arizona, 44235 Office of Management and Budget Environmental statements; availability, etc.: See Management and Budget Office Naval Air Station Fallon, NV; training complex Pension Benefit Guaranty Corporation requirements, 44235–44236 RULES Realty actions; sales, leases, etc.: Single-employer plans: Colorado, 44236 Allocation of assets— Interest assumptions for valuing benefits, 44128–44129 Management and Budget Office NOTICES NOTICES Multi-employer plans: Financial management systems (Circular A-127), 44246 Interest rates and assumptions, 44246–44247
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Personnel Management Office See Federal Aviation Administration NOTICES See Federal Railroad Administration Agency information collection activities: See Federal Transit Administration Proposed collection; comment request, 44247 See Maritime Administration Submission for OMB review; comment request, 44247– See National Highway Traffic Safety Administration 44248 See Research and Special Programs Administration
Presidential Documents Treasury Department ADMINISTRATIVE ORDERS NOTICES Export control regulations; continuation of emergency Agency information collection activities: (Notice of August 10, 1999), 44101 Proposed collection; comment request, 44267 Public Health Service See Centers for Disease Control and Prevention United States Information Agency See Food and Drug Administration RULES See National Institutes of Health Exchange visitor program: Reinstatement of J-1 exchange visitors who fail to Research and Special Programs Administration maintain valid program status; monitoring NOTICES requirements, 44123–44128 Hazardous materials transportation: Preemption determinations, 44265–44267 Separate Parts In This Issue Securities and Exchange Commission NOTICES Agency information collection activities: Part II Proposed collection; comment request, 44248 Department of Housing and Urban Development, 44269– Meetings; Sunshine Act, 44248 44316 Self-regulatory organizations; proposed rule changes: Government Securities Clearing Corp., 44249–44250 Part III MBS Clearing Corp., 44250–44252 Department of Energy, Bonneville Power Administration, National Securities Clearing Corp., 44252–44253 44317–44366
Small Business Administration Part IV RULES Department of Interior, Fish and Wildlife Service, 44367– Business loans: 44382 Collateral liquidation and commercial loans sale, 44109– 44110 Part V Department of Interior, Fish and Wildlife Service, 44383– State Department 44395 NOTICES Meetings: International Communications and Information Policy Advisory Committee, 44253 Reader Aids Consult the Reader Aids section at the end of this issue for Transportation Department phone numbers, online resources, finding aids, reminders, See Coast Guard and notice of recently enacted public laws.
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CFR PARTS AFFECTED IN THIS ISSUE
A cumulative list of the parts affected this month can be found in the Reader Aids section at the end of this issue.
3 CFR Executive Orders: 12924 (See Notice of Aug. 10, 1999) ...... 44101 Administrative Orders: Notice of Aug. 10, 1999 ...... 44101 10 CFR Proposed Rules: 50...... 44137 12 CFR 905...... 44103 13 CFR 120...... 44109 14 CFR 39 (2 documents) ...... 44110, 44112 71 (4 documents) ...... 44114, 44116, 44117, 44268 97 (2 documents) ...... 44117, 44119 Proposed Rules: 39...... 44137 71 (5 documents) ...... 44139, 44140, 44141, 44142, 44144 93...... 44145 21 CFR 172...... 44121 173...... 44122 22 CFR 514...... 44123 29 CFR 4044...... 44128 33 CFR 117 (2 documents) ...... 44129, 44131 Proposed Rules: 117 (5 documents) ...... 44145, 44147, 44148, 44149, 44151 40 CFR 52 (2 documents) ...... 44131, 44134 300...... 44135 Proposed Rules: 52...... 44152 46 CFR Proposed Rules: 298...... 44152 49 CFR Proposed Rules: 575...... 44164 50 CFR Proposed Rules: 17...... 44171 20...... 55384
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Federal Register Presidential Documents Vol. 64, No. 156
Friday, August 13, 1999
Title 3— Notice of August 10, 1999
The President Continuation of Emergency Regarding Export Control Regulations
On August 19, 1994, consistent with the authority provided me under the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.), I issued Executive Order 12924. In that order, I declared a national emergency with respect to the unusual and extraordinary threat to the national security, foreign policy, and economy of the United States in light of the expiration of the Export Administration Act of 1979, as amended (50 U.S.C. App. 2401 et seq.). Because the Export Administration Act has not been renewed by the Congress, the national emergency declared on August 19, 1994, must continue in effect beyond August 19, 1999. Therefore, in accordance with section 202(d) of the National Emergencies Act (50 U.S.C. 1622(d)), I am continuing the national emergency declared in Executive Order 12924. This notice shall be published in the Federal Register and transmitted to the Congress. œ–
THE WHITE HOUSE, August 10, 1999. [FR Doc. 99–21180 Filed 8–12–99; 8:45 am] Billing code 3195–01–P
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Rules and Regulations Federal Register Vol. 64, No. 156
Friday, August 13, 1999
This section of the FEDERAL REGISTER I. Background to its regulations governing the contains regulatory documents having general The Finance Board, an independent availability of unpublished Finance applicability and legal effect, most of which Board information by document or by are keyed to and codified in the Code of agency in the Executive branch of the United States government, see 12 U.S.C. testimony of current or former Finance Federal Regulations, which is published under Board employees or agents. This new 50 titles pursuant to 44 U.S.C. 1510. 1422a(a)(2), recently has received requests from attorneys representing rule will ensure that requests for The Code of Federal Regulations is sold by private parties for access to information unpublished information include the Superintendent of Documents. Prices of or documents acquired by Finance everything the Finance Board needs to new books are listed in the first FEDERAL Board employees in their official make an objective decision regarding REGISTER issue of each week. capacity or in the course of performing use and disclosure of the requested official duties. The attorneys plan to use information. The rule also will enable the information in connection with the Finance Board to fairly and FEDERAL HOUSING FINANCE BOARD litigation in which neither the Finance effectively consider and respond to such requests. 12 CFR Part 905 Board nor the United States is a party. This type of information, referred to II. Analysis of the Interim Final Rule herein as ‘‘unpublished information,’’ [No. 99±42] generally is not subject to release under The interim final rule adds a new part the Freedom of Information Act (FOIA). 905 to the Finance Board’s regulations RIN 3069±AA81 See 5 U.S.C. 552. Because the Finance to be codified in Title 12 of the Code of Board previously has not received Federal Regulations. A more detailed Availability of Unpublished Information requests for unpublished information, it description of the provisions of part 905 has not established procedures for the follows. AGENCY: Federal Housing Finance efficient processing of such requests. In Board. A. Purposes and Scope order to control the process and the use ACTION: Interim final rule with request and disclosure of its unpublished Section 905.2 sets out the purposes for comments. information, the Finance Board has and scope of part 905, which governs determined to adopt procedures that the availability of unpublished Finance SUMMARY: The Federal Housing Finance must be followed by persons or entities Board information either by document Board (Finance Board) is adding a new requesting unpublished Finance Board or by testimony of current or former part to its regulations governing the information, and practices and Finance Board employees or agents. availability of unpublished information. procedures the Finance Board will use Under part 905, the term ‘‘unpublished The rule describes the procedures a in responding to such requests. information’’ means: (1) information person or entity must follow when The so-called federal ‘‘housekeeping and documents created or obtained by requesting unpublished Finance Board statute’’ authorizes an agency to issue the Finance Board in connection with information either by document or by regulations governing the conduct of the performance of official duties, testimony of current or former Finance agency employees and the custody, use, whether the information or documents Board employees or agents and the and preservation of agency records, are in the possession of the Finance practices and procedures the Finance papers, and property. See 5 U.S.C. 301. Board, a current or former Finance Board will use in responding to such Pursuant to this authority, many federal Board employee or agent, a FHLBank, requests. agencies have issued regulations the Office of Finance, or the Financing DATES: The interim final rule will governing the circumstances and Corporation (i.e., a supervised entity), a become effective on August 13, 1999. manner in which a current or former FHLBank member, or some other The Finance Board will accept agency employee or agent, regulated person, entity, or government agency; comments on the interim final rule in entity, or other person or entity in and (2) information and documents writing on or before Ocotber 12, 1999. possession of unpublished agency created or obtained by, or information in ADDRESSES: Send comments to Elaine L. information must respond to demands the memory of, a current or former Baker, Secretary to the Board, by for testimony or the production of Finance Board employee or agent, electronic mail at [email protected], or by documents. See, e.g., 12 CFR 1710.31– which was acquired in the person’s regular mail at the Federal Housing 40 (Office of Federal Housing Enterprise official capacity or in the course of Finance Board, 1777 F Street, N.W., Oversight); 12 CFR 510.5 (Office of performing official duties. Unpublished Washington, D.C. 20006. Comments will Thrift Supervision). In addition, section information does not include be available for public inspection at this 2B of the Federal Home Loan Bank Act information or records the Finance address. (Bank Act) empowers the Finance Board Board must disclose under the FOIA, to supervise the Federal Home Loan Privacy Act, or the Finance Board’s FOR FURTHER INFORMATION CONTACT: Banks (FHLBanks) and promulgate and implementing regulations. See 5 U.S.C. Janice A. Kaye, Attorney-Advisor, Office enforce such regulations as are 552 and 552a; 12 CFR parts 904 and of General Counsel, by telephone at 202/ necessary to carry out the provisions of 909.). It also does not include 408–2505, by electronic mail at the Bank Act. See 12 U.S.C. 1422b(a)(1). information or documents that were [email protected], or by regular mail at the Therefore, pursuant to the authority previously published or disclosed or are Federal Housing Finance Board, 1777 F provided by section 2B of the Bank Act customarily furnished to the public in Street, N.W., Washington, D.C. 20006. and the housekeeping statute, the the course of the performance of official SUPPLEMENTARY INFORMATION: Finance Board is adding a new part 905 duties such as the annual report the
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Finance Board submits to Congress information or records the Finance In addition to the basic requirements pursuant to section 2B(d) of the Bank Board must disclose under the FOIA or discussed above, a request for the Act (12 U.S.C. 1422b(d)), press releases, the Privacy Act. See 5 U.S.C. 552 and production of documents must Finance Board forms, and materials 552a. The interim final rule does not adequately describe the record or published in the Federal Register. The affect the rights and procedures records sought by type and date. A Finance Board expects that unpublished governing access to records under the request for the testimony of current or information will include confidential FOIA or the Privacy Act, which the former Finance Board employees or information that is privileged. Finance Board will continue to process agents also must set forth the intended The rule covers former as well as under part 904 or 909 of the Finance use of the testimony, a summary of the current employees to allow the Finance Board’s regulations, respectively. See 12 scope of the testimony requested, and a Board to control the release of CFR parts 904 and 909. However, the showing that no document or the unpublished information a former interim final rule may permit the testimony of other non-Finance Board employee possesses or information a Finance Board to disclose documents persons, including retained experts, former employee recalls regarding that are exempt from disclosure under could be provided and used in lieu of matters that remain confidential. It is the FOIA. the testimony. In order to limit the time not intended to restrict a former an employee or agent spends providing employee but rather to permit the B. Prohibition on Unauthorized Use and Disclosure of Unpublished Information authorized testimony, the rule requires Finance Board an opportunity to consult a requester to notify all other parties to with the former employee and parties The Finance Board considers all the matter at issue of the request for wishing to use the employee’s testimony unpublished information to be testimony and permits another party to in advance of testimony being given in confidential. Thus, use or disclosure of join in the request or submit its own order to protect the confidentiality of unpublished information without the request if the scope of the testimony unpublished information by prohibiting express authorization of the Finance sought is different. or limiting testimony as appropriate. Board is prohibited. Section 905.3 of the If a request is made in connection Since the rule prohibits the release only interim final rule makes clear that with a legal proceeding, the requester of unpublished information the former unpublished information in the must include detailed information about employee acquired in an official possession or control of any person, the legal proceeding. The Finance Board capacity or in the course of performing supervised entity, FHLBank member, generally will not consider a request official duties, it does not bar a former government agency, or other entity arising out of a legal proceeding unless employee from appearing on general remains the property of the Finance the legal proceeding is already filed. matters or otherwise employing his or Board. No person or entity may use or her knowledge or expertise as, for disclose unpublished information, even D. Consideration of Requests example, an expert witness. information lawfully in their possession Section 905.5(a) makes clear that a The purposes of the rule are to or control, without Finance Board decision concerning the availability of provide an orderly mechanism for authorization. A person or entity that unpublished information is at the sole expeditiously processing requests for uses or discloses unpublished discretion of the Finance Board. Absent unpublished information. The rule will information without authorization may exigent or unusual circumstances, the conserve the time of employees for be subject to criminal penalties. See 18 Finance Board will determine whether official duties and ensure that the U.S.C. 641. In addition, current Finance to grant a request for unpublished Finance Board can deploy its resources Board, FHLBank, or Office of Finance information in whole or in part within in the most efficient manner while employees may be subject to 60 days of receipt. The factors the preserving the Finance Board’s need to administrative or disciplinary Finance Board may consider in making maintain the confidentiality of certain proceedings. See, e.g., 12 U.S.C. a determination include, but are not information. The rule also is intended to 1422b(a)(2) and (b)(1). limited to, the following: allow the Finance Board to remain C. Requests for Unpublished • Whether and how the requested impartial among private litigants. The Information information is relevant to the purpose rule does not, and may not be relied for which it is sought. upon to create any substantive or Section 905.4 sets forth the procedure • Whether information reasonably procedural right or benefit enforceable for making requests for unpublished suited to the requester’s needs other against the Finance Board. information. The Finance Board only than the requested information is The Finance Board expects the will consider complete written requests available from another source. majority of requests for unpublished that include a detailed description of • Whether the requested information information to arise in the course of a the basis for the request. Every request is privileged. legal proceeding, such as an must demonstrate that the requested • If the request is in connection with administrative, civil, or criminal information is highly relevant to the a legal proceeding, whether the proceeding, including a grand jury or purpose for which it is sought and is not proceeding has been filed. discovery proceeding, in which neither available from any other source. The • The burden placed on the Finance the Finance Board nor the United States requester also must show that the need Board to respond to the request. is a party. However, because requests for the information clearly outweighs • Whether production of the also arise in a non-litigation context, the the need to maintain its confidentiality information would be contrary to the scope of the interim final rule is broad— and the burden on the Finance Board to public interest. it applies to any request for or produce it. If a requester seeks a • Whether the need for the disclosure of unpublished information response in less than 60 days, the information clearly outweighs the need by document or testimony. The rule is request must explain why it was not to maintain the confidentiality of the not intended to and will not apply to submitted earlier and why it should be information. requests for unpublished information in expedited. At its discretion, the Finance The Finance Board may respond to a connection with a legal proceeding in Board may seek additional information request by authorizing a person or entity which the Finance Board or the United from the requester, parties to the matter in lawful possession or control of States is a party or requests for at issue, or other sources of information. unpublished information to disclose the
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Upon request, Finance Board may authorize use of a that the information is not relevant or the Finance Board will provide certified deposition transcript or the disclosed otherwise protected from disclosure. or authenticated copies of documents documents in another legal proceeding The Finance Board generally will authorized to be disclosed. A party that or non-adversarial matter. notify a FHLBank, FHLBank member, wants to question a witness beyond the If the documents or testimony are the Office of Finance, or Financing authorized scope must submit a request disclosed in connection with a legal Corporation that it is the subject of a for expanded authorization to the proceeding, the requester is responsible request. The Finance Board will not Finance Board. The Finance Board will for promptly notifying all other parties provide notice if it determines, in its attempt to render decisions on such to the legal proceeding of the disclosure, sole discretion, that the notice would requests in an expedited manner. The and, after entry of a protective order, advantage or prejudice any of the parties Finance Board generally will not providing copies of the documents or to the matter at issue. authorize a current employee or agent to testimony to the other parties that are E. Duty of Persons and Entities With provide expert or opinion testimony for signatories and subject to the protective Access to Unpublished Information a private party. order. At the conclusion of the legal When the Finance Board has proceeding, the requester must retrieve Under section 905.6(a), a person or authorized testimony, it generally will the documents or testimony from the entity must immediately notify the make the witness available only through court or other body’s file as soon as they Finance Board’s Office of General written interrogatories or deposition. Counsel of any request or legal process are no longer required and certify to the Absent unusual circumstances, Finance Board that every party covered seeking the use or disclosure of authorized deposition testimony will unpublished information. Unless the by the protective order has destroyed take place at the Finance Board’s offices the unpublished information. Finance Board has authorized in writing at a time convenient for the employee. disclosure of the requested information, All costs associated with the appearance G. Fees the person or entity must decline to must be borne by the requester, disclose the information. Section Section 905.9 of the interim final rule including provision of a copy of the concerns the assessment and collection 905.6(b) requires a current or former transcript of the deposition at the of fees. The Finance Board generally Finance Board employee or agent or a request of the Office of General Counsel. will assess a fee for the actual costs of supervised entity that must respond to The Finance Board will not authorize searching, copying, authenticating, or a subpoena, order, or other legal trial or hearing testimony unless the certifying unpublished information it process, to decline to disclose the requester shows that properly authorizes for use or disclosure. The requested information, citing this part as developed deposition testimony could Finance Board will assess fees in the authority. The rule permits a non- not be used or would not be adequate same manner it assesses fees for Finance Board person or entity to at the trial or hearing. If the authorized providing FOIA services under 12 CFR disclose unpublished information only testimony is in connection with a legal 904.9. The Office of Resource after the requester has sought the proceeding, the requester must cause a information from the Finance Board subpoena to be served on the employee Management is responsible for billing under this part and a Federal court in in accordance with applicable rules of and collecting the fees. The Finance a judicial proceeding in which the procedure, with a copy by registered or Board generally will bill the requester Finance Board or the Department of certified mail to the Office of General upon completion of the production but, Justice has had the opportunity to Counsel. in certain instances, may require a appear, has ordered disclosure. The Finance Board’s authorization to requester to remit payment prior to If disclosure is not authorized, the provide unpublished information may providing the requested information. A Finance Board will provide a copy of include restrictions on the use and requester promptly must pay the part 905 to the requester and advise the disclosure of the information. With assessed fees by delivering a check or requester or the court or other body that regard to testimony, the Finance Board money order made payable to the issued the legal process, that the may condition its authorization on an ‘‘Federal Housing Finance Board’’ to the Finance Board has prohibited agreement of the parties to appropriate Office of Resource Management, located disclosure. The Finance Board or the limitations, such as an agreement to at the Federal Housing Finance Board’s Department of Justice may intervene in keep the transcript of a deposition offices at 1777 F Street, N.W., the matter at issue, attempt to have the under seal or to make the transcript Washington, D.C. 20006. compulsory process withdrawn, or available only to the parties, the court A requester also is responsible for register other appropriate objections. or other body, or the jury. The Finance paying witness fees and mileage Board may condition a decision to computed in accordance with 28 U.S.C. F. Available Information disclose unpublished information by 1821 upon completion of a testimonial Sections 905.7 and 905.8 prescribe document on entry of a protective order appearance. If the witness is a current limits on the scope of permissible satisfactory to the Finance Board, by the Finance Board employee or agent or a document disclosure or testimony and court or other body presiding in a legal former employee or agent still in the the manner in which documents or proceeding or, in non-adversarial employ of the United States, the testimony authorized for disclosure will matters, on a written agreement of requester promptly must remit the be made available. The scope of confidentiality that limits access of third witness fees to the Office of Resource permissible document disclosure or parties to the unpublished information. Management. If the witness is a former testimony is limited to that set forth in In a legal proceeding in which a employee or agent that is not currently the written authorization granted by the protective order already has been employed by the federal government, Finance Board. The Finance Board may entered, the Finance Board may the requester promptly must remit the act to ensure that the scope of condition a decision to disclose witness fees directly to the witness.
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III. Notice and Public Participation (a) Finance Board means the agency request for unpublished information by The Finance Board is promulgating established as the Federal Housing document or testimony arising out of a this procedural rule as an interim final Finance Board. legal proceeding in which neither the (b) Legal proceeding means any rule in order to fairly and effectively Finance Board nor the United States is administrative, civil, or criminal handle pending and anticipated a party. It does not apply to a request proceeding, including a grand jury or requests for unpublished information. for unpublished information in a legal discovery proceeding, in which neither However, because this type of proceeding in which the Finance Board the Finance Board nor the United States rulemaking generally requires notice or the United States is a party or a is a party. and receipt of public comment, the request for information or records the (c) Unpublished information means Finance Board will accept written Finance Board must disclose under the information and documents created or comments on the interim final rule on Freedom of Information Act, Privacy obtained by the Finance Board in or before October 12, 1999. Act, or the Finance Board’s connection with the performance of implementing regulations. IV. Effective Date official duties, whether the information (2) This part does not, and may not be For the reasons stated in part III or documents are in the possession of relied upon to create any substantive or above, the Finance Board for good cause the Finance Board, a current or former procedural right or benefit enforceable finds that the interim final rule should Finance Board employee or agent, a against the Finance Board. become effective on August 13, 1999. supervised entity, a Federal Home Loan Bank member, government agency, or § 905.3 Prohibition on unauthorized use See 5 U.S.C. 553(d)(3). and disclosure of unpublished information. some other person or entity; and V. Regulatory Flexibility Act information and documents created or (a) In general. Possession or control obtained by, or in the memory of, a by any person, supervised entity, The Finance Board is adopting part Federal Home Loan Bank member, 905 in the form of an interim final rule current or former Finance Board employee or agent, that was acquired in government agency, or other entity of and not as a proposed rule. Therefore, unpublished information does not the provisions of the Regulatory the person’s official capacity or in the course of performing official duties. It constitute a waiver by the Finance Flexibility Act do not apply. See 5 Board of any privilege or its right to U.S.C. 601(2) and 603(a). does not include information or documents the Finance Board must control, supervise, or impose limitations VI. Paperwork Reduction Act disclose under the Freedom of on, the subsequent use and disclosure of Information Act (5 U.S.C. 552), Privacy the information. The interim final rule does not (b) Current and former employees and contain any collections of information Act (5 U.S.C. 552a), or the Finance Board’s implementing regulations (12 agents. Except as authorized by this part pursuant to the Paperwork Reduction or otherwise by the Finance Board, no Act of 1995. See 44 U.S.C. 3501 et seq. CFR parts 904 and 909, respectively). It also does not include information or current or former Finance Board Consequently, the Finance Board has employee or agent may disclose or not submitted any information to the documents that were previously published or disclosed or are permit the disclosure in any manner of Office of Management and Budget for any unpublished information to anyone review. customarily furnished to the public in the course of the performance of official other than a Finance Board employee or List of Subjects in 12 CFR Part 905 duties such as the annual report the agent for use in the performance of Finance Board submits to Congress official duties. Confidential business information, (c) Other persons or entities pursuant to section 2B(d) of the Federal Federal home loan banks, Freedom of possessing unpublished information. (1) Home Loan Bank Act (12 U.S.C. information, Reporting and Except as authorized in writing by the 1422b(d)), press releases, Finance Board recordkeeping requirements. Finance Board, no person, supervised forms, and materials published in the For the reasons stated in the entity, Federal Home Loan Bank Federal Register. preamble, the Finance Board hereby member, government agency, or other adds 12 CFR part 905 to read as follows: (d) Supervised entity means a Federal Home Loan Bank, the Office of Finance, entity in possession or control of and the Financing Corporation. unpublished information may disclose PART 905ÐAVAILABILITY OF or permit the use or disclosure of such UNPUBLISHED INFORMATION § 905.2 Purpose and scope. information in any manner or for any Sec. (a) Purpose. The purposes of this part purpose. 905.1 Definitions. are to: (2) All unpublished information made 905.2 Purposes and scope. (1) Maintain the confidentiality and available under this part remains the 905.3 Prohibition on unauthorized use and control the dissemination of property of the Finance Board and may disclosure of unpublished information. unpublished information; not be used or disclosed for any purpose 905.4 Requests for unpublished information (2) Conserve the time of employees for other than that authorized under this by document or testimony. official duties and ensure that Finance part without the prior written 905.5 Consideration of requests. Board resources are used in the most permission of the Finance Board. 905.6 Persons and entities with access to (3) Reports of examination, unpublished information. efficient manner; 905.7 Availability of unpublished (3) Maintain the Finance Board’s supervisory correspondence, and other information by testimony. impartiality among private litigants; and unpublished information lawfully in the 905.8 Availability of unpublished (4) Establish an orderly mechanism possession of a supervised entity, information by document. for the Finance Board to process Federal Home Loan Bank member, or 905.9 Fees. expeditiously and respond government agency remains the Authority: 5 U.S.C. 301; 12 U.S.C. appropriately to requests for property of the Finance Board and may 1422b(a)(1). unpublished information. not be used or disclosed for any purpose (b) Scope. (1) This part applies to a other than that authorized under this § 905.1 Definitions. request for and use and disclosure of part without the prior written For purposes of this part: unpublished information, including a permission of the Finance Board.
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(4) Any person or entity that discloses (3) The need for the information (f) Where to submit requests. Send or uses unpublished information except clearly outweighs the need to maintain requests for unpublished information to as expressly authorized under this part its confidentiality; and the Office of General Counsel, Federal may be subject to the penalties provided (4) The need for the information Housing Finance Board, 1777 F Street, in 18 U.S.C. 641 and other applicable clearly outweighs the burden on the N.W., Washington, D.C. 20006. laws. A current Finance Board, Federal Finance Board to produce it. (g) Additional information. (1) From Home Loan Bank, or Office of Finance (b) Requests for documents. If the the requester. The Office of General employee also may be subject to request is for unpublished information Counsel may consult with the requester administrative or disciplinary by document, the request must include to refine and limit the scope of the proceedings. the elements in paragraph (a) of this request to make compliance less (d) Exception for supervised entities section and also must adequately burdensome or to obtain information and Federal Home Loan Bank members. describe the record or records sought by necessary to make an informed When necessary or appropriate for type and date. determination on the request. A business purposes, a supervised entity, (c) Requests for testimony. (1) If the requester’s failure to cooperate in good Federal Home Loan Bank member, or request is for unpublished information faith with the Office of General Counsel any director, officer, employee, or agent by testimony, the request must include may serve as the basis for a thereof, may disclose unpublished the elements in paragraph (a) of this determination not to grant the request. information, including information section and also must set forth the (2) From others. The Office of General contained in, or related to, supervisory intended use of the testimony, a Counsel may inquire into the facts and correspondence or reports of summary of the scope of the testimony circumstances underlying a request for examination, to a person or entity requested, and a showing that no unpublished information and rely on officially connected with the supervised document or the testimony of other non- sources of information other than the entity or Federal Home Loan Bank Finance Board persons, including requester, including other parties to the member as officer, director, employee, retained experts, could be provided and matter at issue. attorney, agent, auditor, or independent used in lieu of the testimony. auditor. A supervised entity, Federal (2) Upon submitting a request to the § 905.5 Consideration of requests. Finance Board for unpublished Home Loan Bank member, or a director, (a) Discretion. Each decision information by testimony, the requester officer, employee, or agent thereof, also concerning the availability of must notify all other parties to the may disclose unpublished information unpublished information is at the sole matter at issue of the request. to a consultant under this paragraph if discretion of the Finance Board based (3) After receipt of a request for on a weighing of all appropriate factors. the consultant is under a written unpublished information by testimony contract to provide services to the The decision is a final agency action but before the requested testimony that exhausts administrative remedies supervised entity or Federal Home Loan occurs, a party to the matter at issue Bank member and the consultant has for disclosure of the information. who did not join in the request and who (b) Time to respond. The Finance agreed in writing: wishes to question the witness beyond (1) To abide by the prohibition on the Board generally will respond in writing the scope of the testimony sought by the disclosure of unpublished information to a request for unpublished information request, must timely submit its own contained in this section; and within 60 days of receipt absent exigent (2) That it will not to use the request for unpublished information or unusual circumstances and unpublished information for any pursuant to this part. dependent upon the scope and (d) Requests in connection with legal purposes other than those stated in its completeness of the request. proceedings. If the request for contract to provide services to the (c) Factors the Finance Board may unpublished information arises out of a supervised entity or Federal Home Loan consider. The factors the Finance Board legal proceeding, the Finance Board Bank member. may consider in making a determination (e) Government agencies. The Finance generally will require that the legal regarding the availability of Board may make reports of examination, proceeding already be filed before it will unpublished information include: supervisory correspondence, and other consider the request. In addition to the (1) Whether and how the requested unpublished information available to elements in paragraph (a) of this section, information is relevant to the purpose another federal agency or a state agency requests in connection with legal for which it is sought; for use where necessary in the proceedings must include the caption (2) Whether information reasonably performance of the agency’s official and docket number of the case; the suited to the requester’s needs other duties. As used in this paragraph, the forum; the name, address, phone than the requested information is term agency does not include a grand number, and electronic mail address, if available from another source; jury. available, of counsel to all other parties (3) Whether the requested information to the legal proceeding; the requester’s is privileged; § 905.4 Requests for unpublished interest in the case; a summary of the (4) If the request is in connection with information by document or testimony. issues in litigation; and the reasons for a legal proceeding, whether the (a) Form of requests. A request for the request, including the relevance of proceeding has been filed; unpublished information must be the unpublished information and how (5) The burden placed on the Finance submitted to the Finance Board in the requested information will Board to respond to the request; writing and include a detailed contribute substantially to the (6) Whether production of the description of the basis for the request. resolution of one or more specifically information would be contrary to the At a minimum, the request must identified issues in the legal proceeding. public interest; and demonstrate that: (e) Expedited requests. If a requester (7) Whether the need for the (1) The requested information is seeks a response in less than 60 days, information clearly outweighs the need highly relevant to the purpose for which the request must explain why the to maintain the confidentiality of the it is sought; request was not submitted earlier and information. (2) The requested information is not why the Finance Board should expedite (d) Disclosure of unpublished available from any other source; the request. information by others. When a person or
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The appropriate limitations, such as an Finance Board, at its sole discretion, Finance Board or the Department of agreement to keep the transcript of the may respond to a request for the Justice may intervene in the matter at testimony under seal or to make the information by authorizing the person issue, attempt to have the compulsory transcript available only to the parties, or entity to disclose the information to process withdrawn, or register other the court or other body, or the jury. the requester pursuant to an appropriate appropriate objections. Upon request made pursuant to this part confidentiality order. Finance Board or on its own initiative, the Finance authorization to disclose information § 905.7 Availability of unpublished Board may authorize use of a deposition information by testimony. under this paragraph does not preclude transcript in another legal proceeding or the person or entity in possession of the (a) Scope. (1) The scope of non-adversarial matter. permissible testimony is limited to that unpublished information from asserting (d) Responsibility of litigants. If the set forth in the written authorization its own privilege, arguing that the testimony is disclosed in connection granted by the Finance Board. The information is not relevant, or asserting with a legal proceeding, the requester is Finance Board may act to ensure that any other argument to protect the responsible for: the scope of testimony provided is information from disclosure. (1) Promptly notifying all other (e) Notice to supervised entities and consistent with the written authorization. parties to the legal proceeding of the Federal Home Loan Bank members. The disclosure, and, after entry of a Finance Board generally will notify a (2) A party to the matter at issue that did not join in a request for unpublished protective order, providing copies of the supervised entity or Federal Home Loan testimony to the other parties who are Bank member that it is the subject of a information who wishes to question a witness beyond the authorized scope signatories and subject to the protective request, unless the Finance Board, in its order; and sole discretion, determines that to do so must request expanded authorization under this part. The Finance Board will (2) At the conclusion of the legal would advantage or prejudice any of the proceeding, retrieving the testimony parties to the matter at issue. attempt to render decisions on such requests in an expedited manner. from the court or other body’s file as § 905.6 Persons and entities with access (3) The Finance Board generally will soon as it is no longer required and to unpublished information. not authorize a current employee or certifying to the Finance Board that (a) Notice to Finance Board. Any agent to provide expert or opinion every party covered by the protective person, including a current or former testimony for a private party. order has destroyed the unpublished Finance Board employee or agent, or (b) Manner in which testimony is information. any entity, including a supervised given. (1) The Finance Board ordinarily § 905.8 Availability of unpublished entity, Federal Home Loan Bank will make the authorized testimony of a information by document. member, or government agency that former or current employee or agent (a) Scope. The scope of permissible receives a request for, or is served with available only through written document disclosure is limited to that a subpoena, order, or other legal process interrogatories or deposition. The set forth in the written authorization to disclose unpublished information by Finance Board will not authorize granted by the Finance Board. The document or testimony, must testimony at a trial or hearing unless the Finance Board may act to ensure that immediately notify the Office of General requester shows that properly the scope of documents provided is Counsel. developed deposition testimony could (b) Response of person or entity not be used or would be inadequate at consistent with the written served with request. Unless the Finance the trial or hearing. authorization. Board has authorized in writing (2) If the Finance Board has (b) Restrictions on use and disclosure. disclosure of the requested information: authorized testimony in connection The Finance Board may condition a (1) A current or former Finance Board with a legal proceeding, the requester decision to disclose unpublished employee or agent or a supervised entity must cause a subpoena to be served on information by document on entry of a that must respond to a subpoena, order, the employee in accordance with protective order satisfactory to the or other legal process, must decline to applicable rules of procedure, with a Finance Board by the court or other disclose the requested information, copy by registered or certified mail to body presiding in a legal proceeding or, citing this part as authority. the Office of General Counsel. in non-adversarial matters, on a written (2) A non-Finance Board person or (3) If the authorized testimony is agreement of confidentiality that limits entity may not disclose unpublished through deposition, the deposition access of third parties to the information unless: ordinarily will take place at the Finance unpublished information. In a legal (i) The requester has sought the Board’s offices at a time that will avoid proceeding in which a protective order information from the Finance Board substantial interference with the already has been entered, the Finance under this part; and (ii) After the performance of the employee’s official Board may condition a decision to Finance Board or the Department of duties. disclose unpublished information upon Justice has had the opportunity to (4) The requester is responsible for all inclusion of additional or amended appear and oppose disclosure, a Federal costs associated with an employee’s provisions in the protective order. Upon court has ordered the person or entity to appearance, including provision of a request made pursuant to this part or on disclose the information. copy of a transcript of the deposition at its own initiative, the Finance Board (c) Finance Board response. If the the request of the Office of General may authorize use of the documents in Finance Board does not authorize in Counsel. The person whose deposition another legal proceeding or non- writing disclosure of the requested was transcribed does not waive his or adversarial matter. information, the Finance Board will her right to review the transcript and (c) Responsibility of litigants. If the provide a copy of this part to the person note errors. documents are disclosed in connection
VerDate 18-JUN-99 09:54 Aug 12, 1999 Jkt 183247 PO 00000 Frm 00006 Fmt 4700 Sfmt 4700 E:\FR\FM\A13AU0.054 pfrm02 PsN: 13AUR1 Federal Register / Vol. 64, No. 156 / Friday, August 13, 1999 / Rules and Regulations 44109 with a legal proceeding, the requester is Dated: August 6, 1999. ‘‘(The Administrator) may sell at public responsible for: By the Board of Directors of the Federal or private sale * * * in (her) discretion (1) Promptly notifying all other Housing Finance Board. any evidence of debt * * * personal parties to the legal proceeding of the Bruce A. Morrison, property, or security * * *’’ It further disclosure, and, after entry of a Chairperson. provides, in 15 U.S.C. 634(b)(7) that the protective order, providing copies of the [FR Doc. 99–21060 Filed 8–12–99; 8:45 am] Administrator may ‘‘take any and all documents to the other parties that are BILLING CODE 6725±01±P actions * * * when [she] determines signatories and subject to the protective such actions are necessary or desirable order; and in * * * liquidating or otherwise (2) At the conclusion of the legal SMALL BUSINESS ADMINISTRATION dealing with or realizing on loans proceeding, retrieving the documents * * *’’ from the court or other body’s file as 13 CFR Part 120 Pursuant to this statutory authority, soon as they are no longer required and SBA is establishing an Asset Sales certifying to the Finance Board that Liquidation of Collateral And Sale of Program to sell portions of its direct and every party covered by the protective Commercial Loans participation loan portfolios. Under the order has destroyed the unpublished new regulation, SBA may sell its direct AGENCY: Small Business Administration. information. and participation loans in bulk through ACTION: Final rule. (d) Certification or authentication. If competitive procedures at publicly the Finance Board has authorized SUMMARY: With this rule, SBA amends advertised sales. disclosure of unpublished information its regulation regarding the liquidation by document, it will provide certified or Compliance With Executive Orders and sale of loans. As part of a 12612, 12988, and 12866, the authenticated copies of the document government-wide initiative, federal upon request. Regulatory Flexibility Act (5 U.S.C. credit agencies are being directed by the 601–612), and the Paperwork § 905.9 Fees. Office of Management and Budget Reduction Act (44 U.S.C. Ch. 35) (a) Fees for records search, copying, (OMB) to sell their loan portfolios. Initially, SBA intends to sell its SBA certifies that this final rule is not and certification. Unless waived or a significant rule within the meaning of reduced, a requester must pay a fee to portfolio of direct and purchased loans made under the authorities of the 7(a) Executive Order 12866, since it is not the Finance Board for the costs of likely to have an annual economic effect searching, copying, authenticating, or and 501, 502, 503, and 504 programs. This will include both secured and of $100 million or more, result in a certifying unpublished information in major increase in costs or prices, or have accordance with 12 CFR 904.9. The unsecured loans in performing and non- performing status. The loans will be a significant adverse effect on Office of Resource Management competition or the U.S. economy. generally will bill a requester upon sold to qualified bidders by means of competitive procedures at publicly SBA certifies that this final rule will completion of the production, but, in not have a significant economic impact certain instances, may require a advertised sales. Bidder qualifications will be set for each sale in accordance on a substantial number of small entities requester to remit payment prior to within the meaning of the Regulatory providing the requested information. To with the terms and conditions of each sale. SBA also intends to sell its disaster Flexibility Act, 5 U.S.C. 601–612. pay fees assessed under this section, a home loans and disaster business loans, SBA certifies that this final rule does requester must deliver to the Office of but will publish separate regulations not impose any additional reporting or Resource Management, located at the regarding these sales. recordkeeping requirements under the Federal Housing Finance Board, 1777 F Paperwork Reduction Act, 44 U.S.C., Street, N.W., Washington, D.C. 20006, a DATES: This rule is effective August 13, 1999. chapter 35. check or money order made payable to For purposes of Executive Order the ‘‘Federal Housing Finance Board.’’ FOR FURTHER INFORMATION CONTACT: 12612, SBA certifies that this final rule (b) Witness fees and mileage. (1) Richard Blewett, 202–205–4202. has no federalism implications Current Finance Board or federal SUPPLEMENTARY INFORMATION: SBA warranting preparation of a Federalism employees. If the Finance Board promulgates, without change, a rule Assessment. For purposes of Executive authorizes disclosure of unpublished which it proposed on June 29, 1999 (64 Order 12988, SBA certifies that this information by testimony of a current FR 34745). SBA received no comments final rule is drafted, to the extent Finance Board employee or agent or a to the proposed rule. practicable, to accord with the standards former Finance Board employee or agent 13 CFR 120.540 sets forth SBA’s set forth in paragraph 2 of that Order. who is still in the employ of the United policy for the liquidation of collateral States, upon completion of the and the sale of commercial loans. SBA List of Subjects in 13 CFR Part 120 testimonial appearance the requester amends and expands this rule to Loan programs—business. must remit promptly to the Office of include the sale of direct and purchased For the reasons stated in the Resource Management payment for loans in asset sales. Pub. L. 104–134, the preamble, the Small Business witness fees and mileage computed in ‘‘Debt Collection Improvement Act of Administration amends 13 CFR part 120 accordance with 28 U.S.C. 1821. 1996,’’ enacted on April 26, 1996, as follows: (2) Former employees or agents. If the provides that, ‘‘the head of an executive Finance Board authorizes disclosure of ** * agency may sell, subject to PART 120ÐBUSINESS LOANS unpublished information by testimony section 504(b) of the Federal Credit 1. The authority citation for part 120 of a former Finance Board employee or Reform Act of 1990 and using continues to read as follows: agent who is not currently employed by competitive procedures, any non-tax the United States, upon completion of debt owed to the United States that is Authority: 15 U.S.C. 634 (b)(6) and 636(a) the testimonial appearance the requester delinquent for more than 90 days.’’ 31 and (h). must remit promptly to the witness any U.S.C. 3711(i)(1). 2. In § 120.540, revise the section witness fees or mileage due in The Small Business Act, 15 U.S.C. heading, add paragraph (b)(4), and accordance with 28 U.S.C. 1821. 634(b)(2), provides in pertinent part that revise paragraph (d) to read as follows:
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§ 120.540 What are SBA's policies provides for optional terminating action consideration has been given to the concerning the liquidation of collateral and for the repetitive inspections. This comments received. the sale of business loans? amendment is prompted by reports Support for the Proposal * * * * * indicating that excessive wear was (b) * * * found on the safety spring wear plate One commenter supports the (4) Sell direct and purchased 7(a) and doublers on the APU firewall of Boeing proposed rule. 501, 502, 503 and 504 loans in asset Model 777 series airplanes. The actions Request for Extension of the sales. SBA will offer these loans for sale specified by this AD are intended to Compliance Time to qualified bidders by means of detect and correct wear of the safety competitive procedures at publicly spring wear plate doublers on the APU One commenter requests that the advertised sales. Bidder qualifications firewall, which could result in a hole in compliance time for the actions will be set for each sale in accordance the APU firewall, and consequent specified by paragraphs (a), (b), and (c) with the terms and conditions of each decreased fire protection capability. of the proposed AD be extended. The commenter states that it operates 34 sale. DATES: Effective September 17, 1999. airplanes affected by the proposed rule, * * * * * The incorporation by reference of including airplanes that have (d) Recoveries and security interests certain publications listed in the accumulated as many as 15,000 total shared. SBA and the Lender will share regulations is approved by the Director flight hours. The commenter states that pro rata (in accordance with their of the Federal Register as of September it has begun accomplishing the respective interests in a loan) all loan 17, 1999. terminating action, and thus far, none of payments or recoveries, including ADDRESSES: The service information the removed wear plates show wear proceeds from asset sales, all reasonable referenced in this AD may be obtained levels approaching penetration. expenses (including advances for the from Boeing Commercial Airplane Although the commenter supports the care, preservation, and maintenance of Group, P.O. Box 3707, Seattle, decision to mandate Boeing Alert collateral securing the loan and the Washington 98124–2207. This Service Bulletin 777–53A0018, Revision payment of senior lienholders), and any information may be examined at the 1, dated February 11, 1999, it feels that security interest or guarantee (excluding Federal Aviation Administration (FAA), the inspection compliance times SBA’s guarantee) which the Lender or Transport Airplane Directorate, Rules specified in paragraphs (a), (b), and (c) SBA may hold or receive in connection Docket, 1601 Lind Avenue, SW., of the proposal are unnecessarily with a loan. Renton, Washington; or at the Office of conservative. * * * * * the Federal Register, 800 North Capitol The FAA does not concur with the Dated: August 10, 1999. Street, NW., suite 700, Washington, DC. commenter’s request to extend the Aida Alvarez, FOR FURTHER INFORMATION CONTACT: Ed compliance time. In developing an Administrator. Hormel, Aerospace Engineer, appropriate compliance time for this [FR Doc. 99–21062 Filed 8–12–99; 8:45 am] Propulsion Branch, ANM–140S, FAA, action, the FAA considered the safety BILLING CODE 8025±01±P Transport Airplane Directorate, Seattle implications, parts availability, and Aircraft Certification Office, 1601 Lind normal maintenance schedules for Avenue, SW., Renton, Washington timely accomplishment of the DEPARTMENT OF TRANSPORTATION 98055–4056; telephone (425) 227–2681; modification. In consideration of these fax (425) 227–1181. items, as well as the variability in the Federal Aviation Administration SUPPLEMENTARY INFORMATION: A reported wear rate of the safety spring proposal to amend part 39 of the Federal wear plate doublers attached to the APU 14 CFR Part 39 Aviation Regulations (14 CFR part 39) to firewall, the FAA has determined that [Docket No. 98±NM±275±AD; Amendment include an airworthiness directive (AD) the compliance times specified in 39±11251; AD 99±17±02] that is applicable to certain Boeing paragraphs (a), (b), and (c) of the AD Model 777 series airplanes was will not place an undue hardship on the RIN 2120±AA64 published as a supplemental notice of majority of affected operators, and an Airworthiness Directives; Boeing proposed rulemaking (NPRM) in the acceptable level of safety can be Model 777 Series Airplanes Federal Register on April 8, 1999 (64 FR maintained. No change to the final rule 17130). That action proposed to require is necessary. AGENCY: Federal Aviation repetitive inspections of the safety Explanation of Changes Made to the Administration, DOT. spring wear plate doublers attached to Applicability ACTION: Final rule. the auxiliary power unit (APU) firewall, measurement of wear of the doublers, The final rule has been revised to SUMMARY: This amendment adopts a and follow-on actions, if necessary. For correct the applicability of the AD. In new airworthiness directive (AD), certain airplanes, that action also the preamble to the supplemental applicable to certain Boeing Model 777 proposed to require a one-time NPRM, the FAA discussed the series airplanes, that requires repetitive inspection to detect improper clearance difference between the effectivity listing inspections of the safety spring wear between the safety spring wear plate of the alert service bulletin and the plate doublers attached to the auxiliary doubler and the APU firewall, and applicability of the AD. The power unit (APU) firewall, corrective action, if necessary. That supplemental NPRM stated that Model measurement of wear of the doublers, action also provided for optional 777 series airplanes after line number and follow-on actions, if necessary. For terminating action for the repetitive 156 have stainless steel wear plate certain airplanes, this amendment also inspections. doublers installed prior to delivery. requires a one-time inspection to detect Since the issuance of the supplemental improper clearance between the safety Comments NPRM, the FAA has determined that spring wear plate doubler and the APU Interested persons have been afforded there are four airplanes having line firewall, and corrective action, if an opportunity to participate in the numbers less than 157 (line numbers 94, necessary. This amendment also making of this amendment. Due 102, 104, and 120) that had the stainless
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None of the wear plate doublers, it will take these airplanes would be subject to the 99–17–02 Boeing: Amendment 39–11251. approximately 3 work hours per unsafe condition described above; Docket 98–NM–275–AD. airplane to accomplish the replacement, therefore, the applicability of the final Applicability: Model 777 series airplanes at an average labor rate of $60 per work rule has been revised to include only listed as Groups 1 and 2 airplanes in Boeing Groups 1 and 2 airplanes, as listed in hour. Required parts, if acquired from Service Bulletin 777–53A0018, Revision 1, the alert service bulletin. The four the manufacturer, will cost dated February 11, 1999; certificated in any category. affected airplanes were not included in approximately $193 per airplane. Based the cost impact in the proposed rule; on these figures, the cost impact of Note 1: This AD applies to each airplane therefore, no change is required to the replacement of the wear plate doublers identified in the preceding applicability is estimated to be $373 per airplane. provision, regardless of whether it has been cost impact. modified, altered, or repaired in the area Conclusion Regulatory Impact subject to the requirements of this AD. For airplanes that have been modified, altered, or After careful review of the available The regulations adopted herein will repaired so that the performance of the data, including the comments noted not have substantial direct effects on the requirements of this AD is affected, the above, the FAA has determined that air States, on the relationship between the owner/operator must request approval for an safety and the public interest require the national government and the States, or alternative method of compliance in adoption of the rule with the changes on the distribution of power and accordance with paragraph (h) of this AD. previously described. The FAA has responsibilities among the various The request should include an assessment of determined that these changes will levels of government. Therefore, in the effect of the modification, alteration, or neither increase the economic burden repair on the unsafe condition addressed by accordance with Executive Order 12612, this AD; and, if the unsafe condition has not on any operator nor increase the scope it is determined that this final rule does of the AD. been eliminated, the request should include not have sufficient federalism specific proposed actions to address it. Cost Impact implications to warrant the preparation Compliance: Required as indicated, unless of a Federalism Assessment. There are approximately 152 accomplished previously. To detect and correct wear of the safety airplanes of the affected design in the For the reasons discussed above, I certify that this action (1) is not a spring wear plate doublers on the auxiliary worldwide fleet. The FAA estimates that power unit (APU) firewall, which could ‘‘significant regulatory action’’ under 35 airplanes of U.S. registry will be result in a hole in the APU firewall, and affected by this AD. Executive Order 12866; (2) is not a consequent decreased fire protection It will take approximately 2 work ‘‘significant rule’’ under DOT capability, accomplish the following: Regulatory Policies and Procedures (44 hours per airplane to accomplish the Initial Inspection required inspection to detect wear of the FR 11034, February 26, 1979); and (3) safety spring wear plate doublers, at an will not have a significant economic (a) Perform a visual inspection of the two average labor rate of $60 per work hour. impact, positive or negative, on a safety spring wear plate doublers on the APU substantial number of small entities firewall, and measure any wear of the Based on these figures, the cost impact doublers, in accordance with Boeing Service of this inspection required by this AD under the criteria of the Regulatory Bulletin 777–53A0018, Revision 1, dated on U.S. operators is estimated to be Flexibility Act. A final evaluation has February 11, 1999, at the time specified in $4,200, or $120 per airplane, per been prepared for this action and it is paragraph (a)(1), (a)(2), or (a)(3) of this AD, inspection cycle. contained in the Rules Docket. A copy as applicable. The cost impact figure discussed of it may be obtained from the Rules (1) For airplanes that have accumulated above is based on assumptions that no Docket at the location provided under 6,000 total flight hours or less as of the operator has yet accomplished any of the caption ADDRESSES. effective date of this AD: Inspect and the proposed requirements of this AD measure prior to the accumulation of 6,300 action, and that no operator would List of Subjects in 14 CFR Part 39 total flight hours. (2) For airplanes that have accumulated accomplish those actions in the future if Air transportation, Aircraft, Aviation more than 6,000 but less than 10,000 total this AD were not adopted. safety, Incorporation by reference, flight hours as of the effective date of this Should an operator be required to Safety. AD: Inspect and measure within 30 days after accomplish the temporary repair, it will the effective date of this AD. take approximately 2 work hours per Adoption of the Amendment (3) For airplanes that have accumulated airplane to accomplish the repair, at an 10,000 total flight hours or more as of the average labor rate of $60 per work hour. Accordingly, pursuant to the effective date of this AD: Inspect and Based on these figures, the cost impact authority delegated to me by the measure within 10 days after the effective of the temporary repair is estimated to Administrator, the Federal Aviation date of this AD. be $120 per airplane. Administration amends part 39 of the Note 2: Inspections, repairs, and Should an operator be required to Federal Aviation Regulations (14 CFR modifications accomplished prior to the accomplish the inspection to detect part 39) as follows: effective date of this AD in accordance with improper clearance between the safety Boeing Alert Service Bulletin 777–53A0018, dated June 29, 1998, are considered spring wear plate doubler and the APU PART 39ÐAIRWORTHINESS DIRECTIVES acceptable for compliance with this AD, firewall, it will take approximately 1 provided that the actions required by work hour per airplane to accomplish paragraph (f) of this AD, as applicable, are the inspection, at an average labor rate 1. The authority citation for part 39 continues to read as follows: accomplished in accordance with Boeing of $60 per work hour. Based on these Service Bulletin 777–53A0018, Revision 1, figures, the cost impact of this Authority: 49 U.S.C. 106(g), 40113, 44701. dated February 11, 1999.
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Repetitive Inspections (1) If the doublers are not in contact with DEPARTMENT OF TRANSPORTATION (b) If, during the inspection required by the chemically milled pocket of the APU paragraph (a) of this AD, the wear on each firewall, no further action is required by this Federal Aviation Administration doubler measures less than 0.045 inch, repeat paragraph. the inspection and measurement required by (2) If the doublers are in contact with the 14 CFR Part 39 paragraph (a) of this AD thereafter at chemically milled pocket of the APU intervals not to exceed 60 days, in firewall, prior to further flight, install shims [Docket No. 99±CE±20±AD; Amendment 39± accordance with Boeing Service Bulletin between the safety spring wear plate doublers 11250; AD 99±17±01] 777–53A0018, Revision 1, dated February 11, and the APU firewall, in accordance with 1999; until paragraph (g) of this AD has been Part 6 of the Accomplishment Instructions of accomplished. the service bulletin. RIN 2120±AA64 (c) If, during the inspection required by paragraph (a) of this AD, the wear on either Optional Terminating Action Airworthiness Directives; Pilatus doubler measures greater than or equal to (g) Replacement of the existing wear plate Aircraft Ltd. Models PC±12 and PC±12/ 0.045 inch, but does not penetrate into or doublers of the APU firewall with new 45 Airplanes through the APU firewall: Repeat the stainless steel wear plate doublers, in inspection and measurement required by accordance with Boeing Service Bulletin AGENCY: Federal Aviation paragraph (a) of this AD thereafter at Administration, DOT. intervals not to exceed 30 days, in 777–53A0018, Revision 1, dated February 11, accordance with Boeing Service Bulletin 1999, constitutes terminating action for the ACTION: Final rule. 777–53A0018, Revision 1, dated February 11, repetitive inspection requirements of 1999; until paragraph (g) of this AD has been paragraphs (b) and (c) of this AD. SUMMARY: This amendment adopts a accomplished. Alternative Methods of Compliance new airworthiness directive (AD) that Corrective Actions applies to certain Pilatus Aircraft Ltd. (h) An alternative method of compliance or (Pilatus) Models PC–12 and PC–12/45 (d) If, during the inspection required by adjustment of the compliance time that airplanes. This AD requires replacing all paragraph (a) of this AD, any wear penetrates provides an acceptable level of safety may be flap drive shafts with flap drive shafts through either doubler and into or through used if approved by the Manager, Seattle of improved design, installing the APU firewall: Within 20 days after ACO. Operators shall submit their requests detection of the wear, accomplish either through an appropriate FAA Principal additional gaskets on the power drive paragraph (d)(1) or (d)(2) of this AD in Maintenance Inspector, who may add unit, and modifying the attachment and accordance with Boeing Service Bulletin comments and then send it to the Manager, supporting hardware. This AD is the 777–53A0018, Revision 1, dated February 11, Seattle ACO. result of mandatory continuing 1999. Note 3: Information concerning the airworthiness information (MCAI) (1) Install a temporary stainless steel patch issued by the airworthiness authority for on both doublers, and within 4,000 flight existence of approved alternative methods of cycles after installation of the temporary compliance with this AD, if any, may be Switzerland. The actions specified by patch, accomplish the requirements of obtained from the Seattle ACO. this AD are intended to prevent the flap paragraph (e) of this AD. drive shafts from corroding to the point Special Flight Permits (2) Accomplish the requirements of where the flexible shafts in the flap paragraph (e) of this AD. (i) Special flight permits may be issued in drive system rupture, which could (e) For airplanes on which wear is detected accordance with §§ 21.197 and 21.199 of the result in the inability to utilize the flap that penetrates through either doubler and Federal Aviation Regulations (14 CFR 21.197 system with reduced airplane control. into or through the APU firewall: and 21.199) to operate the airplane to a Accomplish the requirements of paragraphs location where the requirements of this AD DATES: Effective October 1, 1999. (e)(1) and (e)(2) of this AD at the time can be accomplished. The incorporation by reference of specified in paragraph (d) of this AD, as certain publications listed in the applicable. Incorporation by Reference regulations is approved by the Director (1) Repair the damage to the APU firewall (j) Except as provided by paragraph (e)(1) of the Federal Register as of October 1, in accordance with a method approved by of this AD, the actions shall be done in 1999. the Manager, Seattle Aircraft Certification accordance with Boeing Service Bulletin Office (ACO), FAA, Transport Airplane 777–53A0018, Revision 1, dated February 11, ADDRESSES: Service information that Directorate. 1999. This incorporation by reference was applies to this AD may be obtained from (2) Replace both existing wear plate approved by the Director of the Federal Pilatus Aircraft Ltd., Customer Liaison doublers of the APU firewall with new Register in accordance with 5 U.S.C. 552(a) Manager, CH–6371 Stans, Switzerland; stainless steel wear plate doublers in and 1 CFR part 51. Copies may be obtained telephone: +41 41 619 63 19; facsimile: accordance with Boeing Service Bulletin from Boeing Commercial Airplane Group, +41 41 610 33 51. This information may 777–53A0018, Revision 1, dated February 11, P.O. Box 3707, Seattle, Washington 98124– also be examined at the Federal 1999. Such replacement constitutes 2207. Copies may be inspected at the FAA, terminating action for the repetitive Aviation Administration (FAA), Central Transport Airplane Directorate, 1601 Lind inspection requirements of paragraphs (b) Region, Office of the Regional Counsel, and (c) of this AD. Avenue, SW., Renton, Washington; or at the Attention: Rules Docket No. 99–CE–20– Office of the Federal Register, 800 North AD, Room 1558, 601 E. 12th Street, One-Time Inspection Capitol Street, NW., suite 700, Washington, Kansas City, Missouri 64106; or at the (f) For airplanes having L/N 001 through DC. Office of the Federal Register, 800 North (k) This amendment becomes effective on 037 inclusive that have been modified prior Capitol Street, NW, suite 700, September 17, 1999. to the effective date of this AD in accordance Washington, DC. with Boeing Alert Service Bulletin 777– Issued in Renton, Washington, on August 53A0018, dated June 29, 1998: Within 4 years 4, 1999. FOR FURTHER INFORMATION CONTACT: Mr. after the effective date of this AD, perform a Roman T. Gabrys, Aerospace Engineer, one-time visual inspection to detect improper D. L. Riggin, FAA, Small Airplane Directorate, 1201 clearance between the safety spring wear Acting Manager, Transport Airplane Walnut, suite 900, Kansas City, Missouri plate doublers and the APU firewall, in Directorate, Aircraft Certification Service. 64106; telephone: (816) 426–6932; accordance with Boeing Service Bulletin 777–53A0018, Revision 1, dated February 11, [FR Doc. 99–20501 Filed 8–12–99; 8:45 am] facsimile: (816) 426–2169. 1999. BILLING CODE 4910±13±P SUPPLEMENTARY INFORMATION:
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Events Leading to the Issuance of This an hour. Parts will be provided by the Note 1: This AD applies to each airplane AD manufacturer to the owners/operators of identified in the preceding applicability provision, regardless of whether it has been A proposal to amend part 39 of the the affected aircraft free-of-charge. Based on these figures, the total cost modified, altered, or repaired in the area Federal Aviation Regulations (14 CFR subject to the requirements of this AD. For part 39) to include an AD that would impact of this AD on US operators is airplanes that have been modified, altered, or apply to certain Pilatus Models PC–12 estimated to be $78,660, or $1,140 per repaired so that the performance of the and PC–12/45 airplanes was published airplane. requirements of this AD is affected, the owner/operator must request approval for an in the Federal Register as a notice of Regulatory Impact proposed rulemaking (NPRM) on June alternative method of compliance in 14, 1999 (64 FR 31756). The NPRM The regulations adopted herein will accordance with paragraph (d) of this AD. The request should include an assessment of proposed to require replacing all flap not have substantial direct effects on the States, on the relationship between the the effect of the modification, alteration, or drive shafts with flap drive shafts of repair on the unsafe condition addressed by improved design, installing additional national government and the States, or this AD; and, if the unsafe condition has not gaskets on the power drive unit, and on the distribution of power and been eliminated, the request should include modifying the attachment and responsibilities among the various specific proposed actions to address it. supporting hardware. Accomplishment levels of government. Therefore, in Compliance: Required as indicated in the of the proposed action as specified in accordance with Executive Order 12612, body of this AD, unless already the NPRM would be required in it is determined that this final rule does accomplished. accordance with Pilatus Service Bulletin not have sufficient federalism To prevent the flap drive shafts from No. 27–003, dated March 8, 1999. implications to warrant the preparation corroding to the point where the flexible The NPRM was the result of of a Federalism Assessment. shafts in the flap drive system rupture, which mandatory continuing airworthiness For the reasons discussed above, I could result in the inability to utilize the flap information (MCAI) issued by the system with reduced airplane control, certify that this action (1) Is not a accomplish the following: airworthiness authority for Switzerland. ‘‘significant regulatory action’’ under (a) Within the next 4 calendar months after Interested persons have been afforded Executive Order 12866; (2) is not a the effective date of this AD, accomplish the an opportunity to participate in the ‘‘significant rule’’ under DOT following in accordance with the making of this amendment. No Regulatory Policies and Procedures (44 Accomplishment Instructions section of comments were received on the FR 11034, February 26, 1979); and (3) Pilatus Service Bulletin No. 27–003, dated proposed rule or the FAA’s will not have a significant economic March 8, 1999: determination of the cost to the public. impact, positive or negative, on a (1) Replace all flap drive shafts with flap substantial number of small entities drive shafts of improved design (part The FAA’s Determination numbers as specified in paragraphs (b)(1) and under the criteria of the Regulatory (b)(2) of this AD); After careful review of all available Flexibility Act. A copy of the final information related to the subject (2) Install additional gaskets on the power evaluation prepared for this action is drive unit; and presented above, the FAA has contained in the Rules Docket. A copy determined that air safety and the (3) Modify the attachment and supporting of it may be obtained by contacting the hardware. public interest require the adoption of Rules Docket at the location provided (b) As of the effective date of this AD, no the rule as proposed except for minor under the caption ADDRESSES. person may install, on any affected airplane, editorial corrections. The FAA has a flap drive shaft assembly that is not of the determined that these minor corrections List of Subjects in 14 CFR Part 39 following part numbers (or FAA-approved will not change the meaning of the AD Air transportation, Aircraft, Aviation equivalent part numbers): and will not add any additional burden (1) Part number 945.02.02.201: Flap Drive safety, Incorporation by reference, upon the public than was already Shaft 953D100–5 (Inboard); and Safety. proposed. (2) Part-number 945.02.02.202: Flap Drive Adoption of the Amendment Shaft 953D100–7 (Outboard). Compliance Time of This AD Note 2: The FAA recommends that the The unsafe condition specified by this Accordingly, pursuant to the owner/operator of the affected airplanes AD is caused by corrosion. Corrosion authority delegated to me by the insert Pilatus Temporary Revision No. 27–07, can occur regardless of whether the Administrator, the Federal Aviation dated January 8, 1999, into the PC12 Administration amends part 39 of the Maintenance Manual at the same time this aircraft is being operated. For example, AD is accomplished to assure that the corrosion could develop on one of the Federal Aviation Regulations (14 CFR part 39) as follows: maintenance procedures for the improved affected airplanes at a certain time; then, design parts are current. if allowed to go undetected, the PART 39ÐAIRWORTHINESS (c) Special flight permits may be issued in corrosion could develop into a more DIRECTIVES accordance with §§ 21.197 and 21.199 of the serious problem even if the airplane is Federal Aviation Regulations (14 CFR 21.197 in storage. Therefore, to assure that the 1. The authority citation for part 39 and 21.199) to operate the airplane to a unsafe condition specified in this AD continues to read as follows: location where the requirements of this AD can be accomplished. does not go undetected for a long period Authority: 49 U.S.C. 106(g), 40113, 44701. of time, the compliance is presented in (d) An alternative method of compliance or calendar time instead of hours time-in- adjustment of the compliance time that § 39.13 [Amended] provides an equivalent level of safety may be service (TIS). 2. Section 39.13 is amended by approved by the Manager, Small Airplane Cost Impact adding a new airworthiness directive Directorate, 1201 Walnut, suite 900, Kansas City, Missouri 64106. The request shall be The FAA estimates that 69 airplanes (AD) to read as follows: forwarded through an appropriate FAA in the U.S. registry will be affected by 99–17–01 Pilatus Aircraft Ltd.: Amendment Maintenance Inspector, who may add this AD, that it will take approximately 39–11250; Docket No. 99–CE–20–AD. comments and then send it to the Manager, 19 workhours per airplane to Applicability: Models PC–12 and PC–12/45 Small Airplane Directorate. accomplish this action, and that the airplanes, manufacturer serial number (MSN) Note 3: Information concerning the average labor rate is approximately $60 101 through 239, certificated in any category. existence of approved alternative methods of
VerDate 18-JUN-99 09:54 Aug 12, 1999 Jkt 183247 PO 00000 Frm 00011 Fmt 4700 Sfmt 4700 E:\FR\FM\A13AU0.016 pfrm02 PsN: 13AUR1 44114 Federal Register / Vol. 64, No. 156 / Friday, August 13, 1999 / Rules and Regulations compliance with this AD, if any, may be internal boundary between Merrill Noname are 61°15′36′′N., 149°55′39′′W. obtained from the Small Airplane Field, AK, and Lake Hood, AK, airspace Additionally, the Class D internal Directorate. areas, the adoption of this rule will boundary between Lake Hood, AK, and (e) Questions or technical information result in the alignment of Class D Merrill Field, AK, was modified at the related to Pilatus Service Bulletin No: 27– airspace to coincide with the revised request of Merrill Field and Anchorage 003, dated March 8, 1999, should be directed Anchorage Terminal Airspace segment Airport Traffic Control Towers (ATCT) to Pilatus Aircraft Ltd., Customer Liaison Manager, CH–6371 Stans, Switzerland; boundaries, eliminating chart clutter to return to the pre-existing boundaries telephone: +41 41 619 63 19; facsimile: +41 and confusion between segment, Class D for the following reasons: (1) increase 41 610 33 51. This service information may boundaries, and Class E boundaries. The lateral separation between Merrill be examined at the FAA, Central Region, adoption of this rule will also align the Field’s West High and Chester Creek Office of the Regional Counsel, Room 1558, Elmendorf AFB, AK, and Merrill Field, arrival and departure routes; (2) 601 E. 12th Street, Kansas City, Missouri AK, Class E airspace areas (designated increased lateral separation between 64106. as surface areas) with the Class D Merrill Field traffic and Lake Hood (f) The replacements, installations, and boundaries. traffic; (3) operational advantage to both modification required by this AD shall be Lake Hood ATCT and Merrill Field done in accordance with Pilatus Service EFFECTIVE DATE: 0901 UTC, November 4, Bulletin No: 27–003, dated March 8, 1999. 1999. ATCT whereas aircraft traversing from Point MacKenzie Visual Check Point to This incorporation by reference was FOR FURTHER INFORMATION CONTACT: the West High School Visual Check approved by the Director of the Federal Robert Durand, Operations Branch, Point would not be spilling over into Register in accordance with 5 U.S.C. 552(a) AAL–531, Federal Aviation and 1 CFR part 51. Copies may be obtained Lake Hood Class D airspace, requiring Administration, 222 West 7th Avenue, from Pilatus Aircraft Ltd., Customer Liaison additional Lake Hood ATCT to Merrill Box 14, Anchorage, AK 99513–7587; Manager, CH–6371 Stans, Switzerland. Field ATCT coordination and telephone number (907) 271–5898; fax: Copies may be inspected at the FAA, Central communication; and (4) operational (907) 271–2850; email: Region, Office of the Regional Counsel, Room advantage to both Lake Hood ATCT and 1558, 601 E. 12th Street, Kansas City, [email protected]. Internet address: Merrill Field ATCT whereas aircraft, Missouri, or at the Office of the Federal http://www.alaska.faa.gov/at. Register, 800 North Capitol Street, NW, suite avoiding direct overflight of West High SUPPLEMENTARY INFORMATION: 700, Washington, DC. School, flying south of and around the Note 4: The subject of this AD is addressed History school (current operational standard) in Swiss AD HB 99–241, dated May 8, 1999. would not be spilling over into Lake On October 1, 1997, the FAA Hood Class D airspace. (g) This amendment becomes effective on published a Notice of Proposed October 1, 1999. The boundary change between Lake Rulemaking (NPRM) in the Federal Hood and Merrill Field Class D Issued in Kansas City, Missouri, on August Register (62 FR 190) to revise the 3, 1999. airspaces is an internal boundary Anchorage, Alaska, Terminal Area modification and does not affect the Michael Gallagher, (Docket No. 29029, Notice No. 97–14). external Class D boundaries. The Lake Manager, Small Airplane Directorate, Aircraft In this rulemaking, the segment Hood Class D airspace description will Certification Service. boundaries for the Merrill, Lake Hood, now read ‘‘* * * within a line [FR Doc. 99–20568 Filed 8–12–99; 8:45 am] and Elmendorf AFB segments were beginning at Point Mackenzie, thence BILLING CODE 4910±13±P revised. On March 29, 1999, the FAA direct to the Mouth of Fish Creek, published the final rule in the Federal thence direct to the Northern Lights Register (62 FR 14971) for the Boulevard (Blvd) railroad bridge, thence DEPARTMENT OF TRANSPORTATION Anchorage, Alaska, Terminal Area, direct to the intersection of Tudor Road revising boundaries and descriptions for Federal Aviation Administration and the New Seward Highway, * * *’’ each segment with the effective date as The Merrill Field Class D and Class E 14 CFR Part 71 June 17, 1999. airspace descriptions will now read On April 20, 1999 a proposal to ‘‘* * * west along Tudor Road to the [Airspace Docket No. 99±AAL±6] amend part 71 of the Federal Aviation New Seward Highway, thence direct to Regulations (14 CFR part 71) to revise Revision of Class D Airspace; Lake the Northern Lights Blvd railroad the Class D and Class E airspace in the bridge, thence direct to the Mouth of Hood, Elmendorf AFB, and Merrill Anchorage, Alaska, Terminal Area was Field, AK Revision of Class E Fish Creek, thence direct to Point published in the Federal Register (64 MacKenzie, * * *’’ The coordinates for Airspace; Elmendorf AFB and Merrill FR 19310). The proposal was necessary Field, AK Northern Lights Blvd railroad bridge to match the Class D and Class E and Mouth of Fish Creek have been AGENCY: Federal Aviation airspace boundaries to the changes in added: Northern Lights Blvd railroad Administration (FAA), DOT. segment boundaries in the Anchorage, bridge (lat. 61°11′43′′N., long ACTION: Final rule. Alaska, Terminal Area published in 149°55′48′′W.) and Mouth of Fish Creek airspace docket 29029. (lat. 61°12′21′′N., long. 149°55′59′′W.). SUMMARY: This action revises the Class Interested parties were invited to The Federal Aviation Administration D airspace at Lake Hood, AK, Elmendorf participate in this rulemaking has determined that these changes are Air Force Base (AFB), AK, and Merrill proceeding by submitting written editorial in nature and will not increase Field, AK, as well as the Class E comments on the proposal to the FAA. the scope of this rule. Except for the airspace (designated as surface areas) at No public comments to the proposal non-substantive change just discussed, Elmendorf AFB, AK, and Merrill Field, were received, however, the coordinates the rule is adopted as written. AK. The revision of the Anchorage, for West High School, Ship Creek, and The area will be depicted on Alaska, Terminal Airspace Area Point Noname were published with aeronautical charts for pilot reference. segment boundaries affecting Lake errors. The corrected coordinates for The coordinates for this airspace docket Hood, AK, Elmendorf AFB, AK, and West High School are 61°12′01′′N., are based on North American Datum 83. Merrill Field, AK, made this action 149°55′00′′W.; Ship Creek are The Class D airspace areas are published necessary. With the exception of the 61°13′26′′N., 149°53′37′′W.; and Point in paragraph 5000 and the Class E
VerDate 18-JUN-99 09:54 Aug 12, 1999 Jkt 183247 PO 00000 Frm 00012 Fmt 4700 Sfmt 4700 E:\FR\FM\A13AU0.019 pfrm02 PsN: 13AUR1 Federal Register / Vol. 64, No. 156 / Friday, August 13, 1999 / Rules and Regulations 44115 airspace designated as surface areas are Authority: 49 U.S.C. 106(g), 40103, 40113, Knik Arm, thence via the north bank of Knik published in paragraph 6002 in FAA 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– Arm to the point of beginning; excluding that Order 7400.9F, Airspace Designations 1963 Comp., p. 389. airspace within the Anchorage International Airport, AK, Class C airspace. and Reporting Points, dated September § 71.1 [Amended] * * * * * 10, 1998, and effective September 16, 2. The incorporation by reference in 1998, which is incorporated by 14 CFR 71.1 of Federal Aviation AAL AK D Anchorage, Merrill Field, AK reference in 14 CFR 71.1 (63 FR 50139; Administration Order 7400.9F, Airspace [Revised] September 21, 1998). The Class D and Designations and Reporting Points, Anchorage, Merrill Field, AK Class E airspace designations listed in dated September 10, 1998, and effective (Lat. 61°12′52′′ N., long. 149°50′46′′ W.) this document will be revised and Point Noname September 16, 1998, is amended as ° ′ ′′ ° ′ ′′ published subsequently in the Order. follows: (Lat. 61 15 36 N., long. 149 55 39 W.) Point MacKenzie The Rule Paragraph 5000 Class D Airspace (Lat. 61°14′14′′ N., long. 149° 59′12′′W.) This amendment to 14 CFR part 71 * * * * * Ship Creek (Lat. 61°13′26′′ N., long. 149°53′37′′W.) revises Class D and Class E airspace in AAL AK D Anchorage, Elmendorf AFB, AK Northern Lights Blvd Railroad Bridge the Anchorage, Alaska, Terminal Area. [Revised] (Lat. 61°11′43′′ N., long 149°55′48′′W.) With the exception of the internal Anchorage, Elmendorf AFB, AK Nouth of Fish Creek boundary between Merrill Field, AK, (Lat. 61°15′11′′ N., long. 149°47′38′′ W.) (Lat. 61°12′21′′N., long. 149°55′59′′W.). and Lake Hood, AK, airspace areas, the Point Noname That airspace extending upward from the intended effect of this action is to align (Lat. 61°15′36′′ N., long. 149°55′39′′ W.) surface to and including 2,500 feet MSL the Class D airspace boundaries at Lake Ship Creek within a line beginning at Point Noname, Hood, Elmendorf AFB, and Merrill (Lat. 61°13′26′′ N., long. 149°53′37′′ W.) thence direct to the Mouth of Ship Creek, Field, AK, to match the revised That airspace extending upward from the thence direct to the intersection of the Glenn Anchorage, Alaska, Terminal Area surface to and including 3,000 feet MSL Highway and Muldoon Road, thence south segment boundaries and align the Class within a line beginning at Point Noname; along Muldoon Road to Tudor Road, thence west along Tudor Road to the New Seward E airspace areas at Elmendorf AFB, AK, thence via the north bank of the Knik Arm to the intersection of the 4.7-mile radius of Highway, thence direct to the Mouth of Fish and Merrill Field, AK, to match the Elmendorf AFB; thence clockwise along the Creek, thence direct to the Northern Lights Class D boundaries. 4.7-mile arc of Elmendorf AFB to long. Blvd railroad bridge, thence direct to Point The FAA has determined that these 149°46′44′′ W., thence south along long. MacKenzie, thence via the north bank of proposed regulations only involve an 149°46′44′′ W. to lat. 61°19′10′′ N., thence to Knik Arm to the point of beginning; lat. 61°17′58′′ N. long. 149°44′08′′ W., thence excluding that airspace within the Anchorage established body of technical ° ′ ′′ ° ′ ′′ regulations for which frequent and to lat. 61 17 30 N. long. 149 43 08 W., International Airport, AK, Class C airspace. thence south along long. 149°43′08′′ W. to the This Class D airspace area is effective during routine amendments are necessary to Glenn Highway, thence south and west along the specific dates and times established in keep them operationally current. It, the Glenn Highway to Muldoon Road, thence advance by a Notice to Airmen. The effective therefore —(1) is not a ‘‘significant direct to the Mouth of Ship Creek, thence date and time will thereafter be continuously regulatory action’’ under Executive direct to the point of beginning; excluding published in the Airport/Facility Directory. Order 12866; (2) is not a ‘‘significant that airspace within the Anchorage * * * * * rule’’ under DOT Regulatory Policies International Airport, AK, Class C airspace. and Procedures (44 FR 11034; February This Class D airspace area is effective during Paragraph 6002 Class E airspace designated 26, 1979); and (3) does not warrant the specific dates and times established in as surface areas advance by a Notice to Airmen. The effective * * * * * preparation of a regulatory evaluation as date and time will thereafter be continuously the anticipated impact is so minimal. published in the Airport/Facility Directory. AAL AK E2 Anchorage, Elmendorf AFB, Since this is a routine matter that will * * * * * AK [Revised] only affect air traffic procedures and air Anchorage, Elmendorf AFB, AK navigation, it is certified that this rule, AAL AK D Anchorage, Lake Hood, AK (Lat. 61°15′11′′N., long. 149°47′38′′W.) when promulgated, will not have a [Revised] Point Noname significant economic impact on a Anchorage, Lake Hood, AK (Lat. 61°15′36′′ N., long. 149°55′39′′W.) substantial number of small entities (Lat. 61°10′48′′ N., long. 149°58′19′′ W.) Ship Creek under the criteria of the Regulatory Anchorage Air Traffic Control Tower (Lat. 61°13′26′′ N., long. 149° 53′37′′W.) ° ′ ′′ ° ′ ′′ Flexibility Act. (Lat. 61 10 36 N., long. 149 58 59 W.) That airspace extending upward from the Point MacKenzie surface to and including 3,000 feet MSL ° ′ ′′ ° ′ ′′ List of Subjects in 14 CFR Part 71 (Lat. 61 14 14 N., long. 149 59 12 W.) within a line beginning at Point Noname; Northern Lights Blvd Railroad Bridge thence via the north bank of the Knik Arm ° ′ ′′ ° ′ ′′ Airspace, Incorporation by reference, (Lat. 61 11 43 N., long 149 55 48 W.) to the intersection of the 4.7-mile radius of Navigation (air). Mouth of Fish Creek Elmendorf AFB; thence clockwise along the (Lat. 61°12′21′′ N., long. 149°55′59′′ W.). Adoption of the Amendment 4.7-mile arc of Elmendorf AFB to long. That airspace extending upward from the 149°46′44′′ W., thence south along long. In consideration of the foregoing, the surface to and including 2,500 feet MSL 149°46′44′′ W. to lat. 61°19′10′′ N., thence to within a line beginning at Point Mackenzie, lat. 61°17′58′′ N. long. 149°44′08′′ W., thence Federal Aviation Administration ° ′ ′′ ° ′ ′′ amends 14 CFR part 71 as follows: thence direct to the Mouth of Fish Creek, to lat. 61 17 30 N. long. 149 43 08 W., thence direct to the Northern Lights Blvd thence south along long. 149°43′08′′ W. to the PART 71Ð DESIGNATION OF CLASS railroad bridge, thence direct to the Glenn Highway, thence south and west along A, CLASS B, CLASS C, CLASS D, AND intersection of Tudor Road and the New the Glenn Highway to Muldoon Road, thence Seward Highway, thence south along the direct to the Mouth of Ship Creek, thence CLASS E AIRSPACE AREAS; New Seward Highway to the 090° bearing direct to the point of beginning; excluding AIRWAYS; ROUTES; AND REPORTING from the Anchorage Air Traffic Control that airspace within the Anchorage POINTS Tower, thence west direct to the Anchorage International Airport, AK, Class C airspace. Air Traffic Control Tower, thence north along This Class E airspace area is effective during 1. The authority citation for 14 CFR the 350° bearing from the Anchorage Air the specific dates and times established in part 71 continues to read as follows: Traffic Control Tower to the north bank of advance by a Notice to Airmen. The effective
VerDate 18-JUN-99 15:21 Aug 12, 1999 Jkt 183247 PO 00000 Frm 00013 Fmt 4700 Sfmt 4700 E:\FR\FM\13AUR1.XXX pfrm01 PsN: 13AUR1 44116 Federal Register / Vol. 64, No. 156 / Friday, August 13, 1999 / Rules and Regulations date and time will thereafter be continuously requires the establishment of controlled body of technical regulations for which published in the Airport/Facility Directory. airspace extending upward from 700 frequent and routine amendments are * * * * * feet Above Ground Level (AGL) to necessary to keep them operationally AAL AK E2 Anchorage, Merrill Field, accommodate the SIAP. current. Therefore, this regulation—(1) AK [Revised] EFFECTIVE DATE: 0901 UTC, Sept. 7, is not a ‘‘significant regulatory action’’ Anchorage, Merrill Field, AK (Lat. 1999. under Executive Order 12866; (2) is not 61°12′52′′ N., long. 149°50′46′′ W.) a ‘‘significant rule’’ under DOT Point Noname FOR FURTHER INFORMATION CONTACT: Mr. ° ′ ′′ ° ′ ′′ Francis Jordan, Airspace Specialist, Regulatory Policies and Procedures (44 (Lat. 61 15 36 N., long. 149 55 39 W.) FR 11034; February 26, 1979); and (3) Point MacKenzie Airspace Branch, AEA–520, Air Traffic (Lat. 61°14′14′′ N., long. 149°59′12′′ W.) Division, Eastern Region, Federal does not warrant preparation of a Ship Creek Aviation Administration, Federal Regulatory Evaluation as the anticipated (Lat. 61°13′26′′ N., long. 149°53′37′′ W.) Building #111, John F. Kennedy impact is so minimal. Since this is a Northern Lights Blvd railroad Bridge routine matter that will only affect air ° ′ ′′ ° ′ ′′ International Airport, Jamaica, New (Lat. 61 11 43 N., long 149 55 48 W.) York 11430, telephone: (718) 553–4521. traffic procedures and air navigation it Mouth of Fish Creek is certified that this rule will not have ° ′ ′′ ° ′ ′′ SUPPLEMENTARY INFORMATION: (Lat. 61 12 21 N., long. 149 55 59 W.). significant economic impact on a That airspace extending upward from the History substantial number of small entities surface to and including 2,500 feet MSL under the criteria of the Regulatory On June 9, 1999, a notice proposing within a line beginning at Point Noname, Flexibility Act. thence direct to the Mouth of Ship Creek, to amend Part 71 of the Federal Aviation thence direct to the intersection of the Glenn Regulations (14 CFR Part 71) to establish List of Subjects in 14 CFR Part 71 Highway and Muldoon Road, thence south Class E airspace at Ossining, NY was along Muldoon Road to Tudor Road, thence published in the Federal Register (64 Airspace, Incorporation by reference, west along Tudor Road to the New Seward FR 30928). A GPS helicopter Point in Navigation (air). Highway, thence direct to the Mouth of Fish Space, Standard Instrument Approach Adoption of the Amendment Creek, thence direct to the Northern Lights Procedure (SIAP) has been developed Blvd railroad bridge, thence direct to Point MacKenzie, thence via the north bank of for the General Electric Helipad, In consideration of the foregoing, the Knik Arm to the point of beginning; Ossining, NY. Controlled airspace Federal Aviation Administration excluding that airspace within the Anchorage extending upward from 700 feet AGL is amends 14 CFR part 71 as follows: International Airport, AK, Class C airspace. needed to accommodate the SIAP. This Class E airspace area is effective during The notice proposed to establish PART 71Ð[AMENDED] the specific dates and times established in controlled airspace extending upward advance by a Notice to Airmen. The effective from 700 feet AGL to contain IFR 1. The authority citation for 14 CFR date and time will thereafter be continuously operations in controlled airspace during Part 71 continues to read as follows: published in the Airport/Facility Directory. portions of the terminal operation and Authority: 49 U.S.C. 106(g), 40103, 40113, * * * * * while transitioning between the enroute Issued in Anchorage, AK, on August 6, 40120; EO 10854, 24 FR 9565, 3 CFR, 1959– and terminal environments. 1963 Comp., p. 389. 1999. Interested parties were invited to Willis C. Nelson, participate in this rulemaking § 71.1 [Amended] Manager, Air Traffic Division, Alaskan proceeding by submitting written Region. comments on the proposal to the FAA. 2. The incorporation by reference in [FR Doc. 99–21039 Filed 8–12–99; 8:45 am] No comments to the proposal were 14 CFR 71.1 of Federal Aviation Administration Order 7400.9F, Airspace BILLING CODE 4910±13±P received. The rule is adopted as proposed. Designations and Reporting Points, dated September 10, 1998, and effective The coordinates for this airspace September 16, 1998, is amended as DEPARTMENT OF TRANSPORTATION docket are based on North American follows: Federal Aviation Administration Datum 83. Class E airspace areas designations for airspace extending Paragraph 6005 Class E airspace areas 14 CFR Part 71 upward from 700 feet AGL are extending upward from 700 feet or more published in paragraph 6005 of FAA above the surface of the earth. [Airspace Docket No. 99±AEA±06] Order 7400.9F, dated September 10, * * * * * 1998, and effective September 16, 1998, Establishment of Class E Airspace: which is incorporated by reference in 14 AEA NY E5 Ossining, NY [New] Ossining, NY CFR 71.1. The Class E airspace General Electric Company Heliport, NY ° ′ ′′ ° ′ ′′ AGENCY: Federal Aviation designation listed in this document will (Lat. 41 11 16.38 N. x long. 73 52 05.81 Administration (FAA), DOT. be published subsequently in the Order. W.) ACTION: Final rule. The Rule That airspace extending upward from 700 feet above the surface within a 6-mile radius SUMMARY: This action establishes Class This amendment to Part 71 of the of General Electric Heliport. E airspace extending upward from 700 Federal Aviation Regulations (14 CFR * * * * * feet Above Ground Level (AGL) at Part 71) establishes Class E airspace at Issued in Jamaica, New York, on August 7, Ossining, NY. The development of a Ossining, NY extending upward from 1999. Standard Instrument Approach 700 feet AGL for aircraft executing the Procedure (SIAP), 014 helicopter Point GPS helicopter Point in Space SIAP to Franklin D. Hatfield, in Space approach, based on the Global the General Electric helipad. Manager, Air Traffic Division, Eastern Region. Positioning System (GPS) for the The FAA has determined that this [FR Doc. 99–21020 Filed 8–12–99; 8:45 am] General Electric Company, Ossining, NY regulation only involves an established BILLING CODE 4910±13±M
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DEPARTMENT OF TRANSPORTATION The Rule (Lat. 18°08′07′′ N, long. 65°29′30′′ W) This amendment to part 71 of the That airspace extending upward from 700 Federal Aviation Administration Federal Aviation Regulations (14 CFR feet or more above the surface of the earth within a 12-mile radius of Roosevelt Roads 14 CFR Part 71 part 71) amends Class E airspace at NS (Ofstie Field) Airport and within a 6.5- Roosevelt Roads NS (Ofstie Field), PR, mile radius of Antonio Rivera Rodriquez for the Antonio Rivera Rodriquez Airport, excluding that portion within the [Airspace Docket No. 99±ASO±9] Airport. San Juan, PR, Class E airspace area and that Amendment of Class E Airspace; The FAA has determined that this portion within Restricted Area R–7104. Roosevelt Roads NS (Ofstie Field), PR regulation only involves an established * * * * * body of technical regulations for which Issued in College Park, Georgia, on August AGENCY: Federal Aviation frequent and routine amendments are 3, 1999. Administration (FAA), DOT. necessary to keep them operationally Nancy B. Shelton, ACTION: Final rule. current. It, therefore, (1) is not a Acting Manager, Air Traffic Division, ‘‘significant regulatory action’’ under Southern Region. SUMMARY: This amendment modifies Executive Order 12866; (2) is not a [FR Doc. 99–21034 Filed 8–12–99; 8:45 am] Class E airspace at Roosevelt Roads NS ‘‘significant rule’’ under DOT BILLING CODE 4910±13±M (Ofstie Field), PR. A Global Positioning Regulatory Policies and Procedures (44 System (GPS) Runway (RWY) 9 FR 11034; February 26, 1979); and (3) Standard Instrument Approach does not warrant preparation of a DEPARTMENT OF TRANSPORTATION Procedure (SIAP) has been developed Regulatory Evaluation, as the for Antonio Rivera Rodriquez Airport. anticipated impact is so minimal. Since Federal Aviation Administration As a result, additional controlled this is a routine matter that will only 14 CFR Part 97 airspace extending upward from 700 affect air traffic procedures and air feet Above Ground Level (AGL) is navigation, it is certified that this rule [Docket No. 29683; Amdt. No. 1944] needed to accommodate the SIAP and will not have a significant economic for Instrument Flight Rules (IFR) impact on a substantial number of small Standard Instrument Approach operations at Antonio Rivera Rodriquez entities under the criteria of the Procedures; Miscellaneous Airport. The operating status of the Regulatory Flexibility Act. Amendments airport will change from Visual Flight List of Subjects in 14 CFR Part 71 AGENCY: Federal Aviation Rules (VFR) to include IFR operations Administration (FAA), DOT. concurrent with the publication of the Airspace, Incorporation by Reference, SIAP. Navigation (air). ACTION: Final rule. EFFECTIVE DATE: 0901 UTC, November 4, Adoption of the Amendment SUMMARY: This amendment establishes, 1999. In consideration of the foregoing, the amends, suspends, or revokes Standard FOR FURTHER INFORMATION CONTACT: Federal Aviation Administration Instrument Approach Procedures Nancy B. Shelton, Manager, Airspace amends 14 CFR part 71 as follows: (SIAPs) for operations at certain Branch, Air Traffic Division, Federal airports. These regulatory actions are Aviation Administration, P.O. Box PART 71ÐDESIGNATION OF CLASS A, needed because of the adoption of new 20636, Atlanta, Georgia 30320; CLASS B, CLASS C, CLASS D AND or revised criteria, or because of changes telephone (404) 305–5627. CLASS E AIRSPACE AREAS; occurring in the National Airspace SUPPLEMENTARY INFORMATION: AIRWAYS; ROUTES; AND REPORTING System, such as the commissioning of POINTS new navigational facilities, addition of History new obstacles, or changes in air traffic 1. The authority citation for 14 CFR requirements. These changes are On June 30, 1999, the FAA proposed part 71 continues to read as follows: to amend part 71 of the Federal Aviation designed to provide safe and effective Regulations (14 CFR part 71) by Authority: 49 U.S.C. 106(g), 40103, 40113, use of the navigable airspace and to 40120; EO 10854, 24 FR 9565, 3 CFR, 1959– promote safe flight operations under amending Class E airspace at Roosevelt 1963 Comp., p. 389. Roads NS (Ofstie Field), PR (64 FR instrument flight rules at the affected 35100). This action provides adequate § 71.1 [Amended] airports. Class E airspace for IFR operations at 2. The incorporation by reference in DATES: An effective date for each SIAP the Antonio Rivera Rodriquez Airport. 14 CFR 71.1 of Federal Aviation is specified in the amendatory Designations for Class E airspace Administration Order 7400.9F, Airspace provisions. extending upward from 700 feet or more Designations and Reporting Points, Incorporation by reference-approved above the surface are published in dated September 10, 1998, and effective by the Director of the Federal Register paragraph 6005 of FAA Order 7400.9F, September 16, 1998, is amended as on December 31, 1980, and reapproved dated September 10, 1998, and effective follows: as of January 1, 1982. September 16, 1998, which is * * * * * ADDRESSES: Availability of matters incorporated by reference in 14 CFR incorporated by reference in the part 71.1. The Class E designation listed Paragraph 6005 Class E Airspace Areas amendment is as follows: in this document will be published Extending Upward from 700 feet or More For Examination—1. FAA Rules above the Surface of the Earth. subsequently in the Order. Docket, FAA Headquarters Building, Interested parties were invited to * * * * * 800 Independence Avenue, SW, participate in this rulemaking ASO PR E5 Roosevelt Roads NS (Ofstie Washington, DC 20591; 2. The FAA proceeding by submitting written Field), PR [Revised] Regional Office of the region in which comments on the proposal to the FAA. Roosevelt Roads NS (Ofstie Field), PR the affected airport is located; or 3. The No comments objecting to the proposal Lat. 18°14′53′′ N, long. 65°37′59′′ W) Flight Inspection Area Office which were received. Antonio Rivera Rodriquez Airport, PR originated the SIAP.
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For Purchase—Individual SIAP SIAP amendments may have been PART 97ÐSTANDARD INSTRUMENT copies may be obtained from: 1. FAA previously issued by the FAA in a APPROACH PROCEDURES Public Inquiry Center (APA–200), FAA National Flight Data Center (NFDC) Headquarters Building, 800 Notice to Airmen (NOTAM) as an 1. The authority citation for part 97 is Independence Avenue, SW, emergency action of immediate flight revised to read as follows: Washington, DC 20591; or 2. The FAA safety relating directly to published Authority: 49 U.S.C. 106(g), 40103, 40113, Regional Office of the region in which aeronautical charts. The circumstances 40120, 44701; and 14 CFR 11.49(b)(2). the affected airport is located. which created the need for some SIAP 2. Part 97 is amended to read as By Subscription—Copies of all SIAPs, amendments may require making them follows: mailed once every 2 weeks, are for sale effective in less than 30 days. For the by the Superintendent of Documents, remaining SIAPs, an effective date at §§ 97.23, 97.25, 97.27, 97.29, 97.31, 97.33, US Government Printing Office, least 30 days after publication is 97.35 [Amended] Washington, DC 20402. provided. By amending: § 97.23 VOR, VOR/ FOR FURTHER INFORMATION CONTACT: Further, the SIAPs contained in this DME, VOR or TACAN, and VOR/DME Donald P. Pate, Flight Procedure amendment are based on the criteria or TACAN; § 97.25 LOC, LOC/DME, Standards Branch (AMCAFS–420), contained in the U.S. Standard for LDA, LDA/DME, SDF, SDF/DME; Flight Technologies and Programs Terminal Instrument Procedures § 97.27 NDB, NDB/DME; § 97.29 ILS, Division, Flight Standards Service, (TERPS). In developing these SIAPs, the ILS/DME, ISMLS, MLS, MLS/DME, Federal Aviation Administration, Mike TERPS criteria were applied to the MLS/RNAV; § 97.31 RADAR SIAPs; Monroney Aeronautical Center, 6500 conditions existing or anticipated at the § 97.33 RNAV SIAPs; and § 97.35 South MacArthur Blvd. Oklahoma City, affected airports. Because of the close COPTER SIAPs, identified as follows: OK 73169 (Mail Address: P.O. Box and immediate relationship between .. . Effective September 9, 1999 25082 Oklahoma City, OK 73125) these SIAPs and safety in air commerce, telephone: (405) 954–4164. I find that notice and public procedure Jacksonville, FL, Cecil Field, GPS RWY 9R, Orig SUPPLEMENTARY INFORMATION: before adopting these SIAPs are This Jacksonville, FL, Cecil Field, GPS RWY amendment to part 97 of the Federal impracticable and contrary to the public interest and, where applicable, that 18L, Orig Aviation Regulations (14 CFR part 97) Jacksonville, FL, Cecil Field, GPS RWY establishes, amends, suspends, or good cause exists for making some SIAPs effective in less than 30 days. 27L, Orig revokes Standard Instrument Approach Jacksonville, FL, Cecil Field, GPS RWY Procedures (SIAPs). The complete Conclusion 36R, Orig regulatory description of each SIAP is Emporia, KS, Emporia Muni, GPS RWY contained in official FAA form The FAA has determined that this regulation only involves an established 1, Orig documents which are incorporated by Corpus Christi, TX, Corpus Christi Intl, reference in this amendment under 5 body of technical regulations for which frequent and routine amendments are NDB RWY 13, Amdt 25 U.S.C. 552(a), 1 CFR part 51, and § 97.20 Corpus Christi, TX, Corpus Christi Intl, of the Federal Aviation Regulations necessary to keep them operationally current. It, therefore—(1) Is not a VOR OR TACAN RWY 17, Amdt 27 (FAR). The applicable FAA Forms are Corpus Christi, TX, Corpus Christi Intl, identified as FAA Forms 8260–3, 8260– ‘‘significant regulatory action’’ under Executive Order 12866; (2) is not a LOC RWY 31, Amdt 6 4, and 8260–5. Materials incorporated Corpus Christi, TX, Corpus Christi Intl, by reference are available for ‘‘significant rule’’ under DOT Regulatory Policies and Procedures (44 ILS RWY 13, Amdt 26 examination or purchase as stated Corpus Christi, TX, Corpus Christi Intl, above. FR 11034; February 26, 1979); and (3) does not warrant preparation of a ILS RWY 35, Amdt 11 The large number of SIAPs, their Corpus Christi, TX, Corpus Christi Intl, regulatory evaluation as the anticipated complex nature, and the need for a GPS RWY 13, Orig impact is so minimal. For the same special format make their verbatim Corpus Christi, TX, Corpus Christi Intl, reason, the FAA certifies that this publication in the Federal Register GPS RWY 17, Orig amendment will not have a significant expensive and impractical. Further, Corpus Christi, TX, Corpus Christi Intl, economic impact on a substantial airmen do not use the regulatory text of GPS RWY 31, Orig the SIAPs, but refer to their graphic number of small entities under the Corpus Christi, TX, Corpus Christi Intl, depiction on charts printed by criteria of the Regulatory Flexibility Act. GPS RWY 35, Orig publishers of aeronautical materials. List of Subjects in 14 CFR Part 97 Falfurrias, TX, Brooks County, NDB Thus, the advantages of incorporation RWY 35, Amdt 1 Air traffic control, Airports, by reference are realized and Falfurrias, TX, Brooks County, GPS Navigation (air). publication of the complete description RWY 17, Orig of each SIAP contained in FAA form Issued in Washington, DC on August 6, Falfurrias, TX, Brooks County, GPS documents is unnecessary. The 1999. RWY 35, Orig provisions of this amendment state the L. Nicholas Lacey, Hebbronville, TX, Jim Hogg County, affected CFR (and FAR) sections, with Director, Flight Standards Service. NDB RWY 13, Amdt 3 the types and effective dates of the Hebbronville, TX, Jim Hogg County, Adoption of the Amendment SIAPs. This amendment also identifies GPS RWY 13, Amdt 1 the airport, its location, the procedure Accordingly, pursuant to the Kingsville, TX, Kleberg County, NDB identification and the amendment authority delegated to me, part 97 of the RWY 13, Amdt 5 number. Federal Aviation Regulations (14 CFR Kingsville, TX, Kleberg County, GPS part 97) is amended by establishing, RWY 13, Orig The Rule amending, suspending, or revoking Robstown, TX, Nueces County, VOR/ This amendment to part 97 is effective Standard Instrument Approach DME–A, Amdt 3 upon publication of each separate SIAP Procedures, effective at 0901 UTC on Robstown, TX, Nueces County, GPS as contained in the transmittal. Some the dates specified, as follows: RWY 13, Orig
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Sinton, TX, San Patricio County, VOR/ Monroe, LA, Monroe Regional, GPS Cable, WI, Cable Union, GPS RWY 34, DME RWY 14, Amdt 1 RWY 4, Orig Orig Sinton, TX, San Patricio County, VOR Monroe, LA, Monroe Regional, GPS Hayward, WI, Sawyer County, VOR/ RWY 32, Amdt 8 RWY 22, Orig DME OR GPS RWY 2, Amdt 1, Sinton, TX, San Patricio County, GPS Fairfield, IL, Fairfield Muni, NDB RWY CANCELLED RWY 14, Orig 9, Amdt 3 Hayward, WI, Sawyer County, VOR Sinton, TX, San Patricio County, GPS Fairfield, IL, Fairfield Muni, GPS RWY RWY 20, Amdt 6, CANCELLED RWY 32, Orig 9, Orig Hayward, WI, Sawyer County, NDB French Lick, IN, French Lick Muni, GPS RWY 20, Amdt 13 .. . Effective October 7, 1999 RWY 8, Orig Hayward, WI, Sawyer County, GPS Gainesville, FL, Gainesville Regional, French Lick, IN, French Lick Muni, GPS RWY 2, Orig RADAR–1, Orig RWY 26, Orig Hayward, WI, Sawyer County, GPS Leesburg, FL, Leesburg Regional, GPS Logansport, IN, Logansport Muni, GPS RWY 20, Orig RWY 13, Amdt 1 RWY 9, Orig Logan, WV, Logan County, GPS RWY 6, Leesburg, FL, Leesburg Regional, GPS Logansport, IN, Logansport Muni, GPS Orig RWY 31, Amdt 1 RWY 27, Orig Logan, WV, Logan County, GPS RWY Punta Gorda, FL, Charlotte County, GPS Clarinda, IA, Schenck Field, NDB–A, 24, Orig RWY 3, Orig Amdt 5 [FR Doc. 99–21031 Filed 8–12–99; 8:45 am] Punta Gorda, FL, Charlotte County, GPS Clarinda, IA, Schenck Field, GPS RWY BILLING CODE 4910±13±M RWY 15, Orig 2, Orig Punta Gorda, FL, Charlotte County, GPS Clarinda, IA, Schenck Field, GPS RWY RWY 21, Orig 20, Orig DEPARTMENT OF TRANSPORTATION Punta Gorda, FL, Charlotte County, GPS Jackson, MN, Jackson Muni, NDB OR RWY 33, Orig GPS RWY 13, Amdt 9 Federal Aviation Administration Punta Gorda, FL, Charlotte County, Jackson, MN, Jackson Muni, GPS RWY VOR/DME RNAV or GPS RWY 27, 31, Amdt 1 14 CFR Part 97 Orig, CANCELLED Macon, MO, Macon-Fower Meml, VOR [Docket No. 29684; Amdt. No. 1945] Baltimore, MD, Baltimore-Washington RWY 2, Amdt 1 Intl, GPS RWY 4, Orig Macon, MO, Macon-Fower Meml, VOR/ Standard Instrument Approach Baltimore, MD, Baltimore-Washington DME OR GPS RWY 20, Amdt 1 Procedures; Miscellaneous Intl, GPS RWY 15L, Orig Macon, MO, Macon-Fower Meml, GPS Amendments Baltimore, MD, Baltimore-Washington RWY 2, Orig Intl, GPS RWY 22, Orig Albuquerque, NM, Albuquerque/Double AGENCY: Federal Aviation Duluth, MN, Duluth Intl, VOR OR Eagle II, GPS RWY 22, Orig Administration (FAA), DOT. TACAN OR GPS RWY 3, Amdt 19 London, OH, Madison County, NDB ACTION: Final rule. Duluth, MN, Duluth Intl, VOR/DME OR RWY 9, Amdt 8 SUMMARY: This amendment establishes, TACAN RWY 21, Amdt 14 London, OH, Madison County, GPS amends, suspends, or revokes Standard Duluth, MN, Duluth Intl, ILS RWY 9, RWY 9, Amdt 1 Instrument Approach Procedures Amdt 19 London, OH, Madison County, GPS (SIAPs) for operations at certain Duluth, MN, Duluth Intl, ILS RWY 27, RWY 27, Orig airports. These regulatory actions are Amdt 8 Guthrie, OK, Guthrie Muni, GPS RWY needed because of changes occurring in Duluth, MN, Duluth Intl, RADAR–1, 16, Orig the National Airspace System, such as Amdt 20 McAlester, OK, McAlester Regional, the commissioning of new navigational Perryville, MO, Perryville Muni, GPS GPS RWY 1, Orig facilities, addition of new obstacles, or RWY 2, Orig McAlester, OK, McAlester Regional, Perryville, MO, Perryville Muni, GPS GPS RWY 19, Orig changes in air traffic requirements. RWY 20, Orig Oklahoma City, OK, Wiley Post, GPS These changes are designed to provide Seward, NE, Seward Municipal, GPS RWY 17L, Orig safe and efficient use of the navigable RWY 16, Orig Oklahoma City, OK, Wiley Post, GPS airspace and to promote safe flight Seward, NE, Seward Municipal, GPS RWY 35R, Orig operations under instrument flight rules RWY 34, Orig Columbia-Mt. Pleasant, TN, Maury at the affected airports. Solon Springs, WI, Solon Springs Muni, County, GPS RWY 24, Orig DATES: An effective date for each SIAP NDB OR GPS RWY 19, Amdt 2 Millington, TN, Millington Muni, GPS is specified in the amendatory RWY 4, Orig provisions. .. . Effective November 4, 1999 Portland, TN, Portland Muni, GPS RWY Incorporation by reference—approved Red Bluff, CA, Red Bluff Muni, GPS 19, Orig by the Director of the Federal Register RWY 15, Orig Llano, TX, Llano Muni, GPS RWY 17, on December 31, 1980, and reapproved Red Bluff, CA, Red Bluff Muni, GPS Amdt 1 as of January 1, 1982. RWY 33, Orig Llano, TX, Llano Muni, GPS RWY 35, ADDRESSES: Availability of matter Miami, FL, Opa Locka, VOR/DME Amdt 1 incorporated by reference in the RNAV RWY 9L, Orig, CANCELLED San Antonio, TX, San Antonio Intl, GPS amendment is as follows: Miami, FL, Opa Locka, VOR/DME RWY 21, Orig For Examination—1. FAA Rules RNAV RWY 27R, Orig, CANCELLED Cable, WI, Cable Union, VOR/DME OR Docket, FAA Headquarters Building, Monroe, LA, Monroe Regional, VOR/ GPS–A, Amdt 5, CANCELLED 800 Independence Avenue, SW., DME RWY 4, Amdt 1 Cable, WI, Cable Union, NDB OR GPS– Washington, DC 20591; 2. The FAA Monroe, LA, Monroe Regional, VOR B, Amdt 10 Regional Office of the region in which RWY 22, Amdt 4 Cable, WI, Cable Union, VOR/DME affected airport is located; or 3. The Monroe, LA, Monroe Regional, ILS RWY RNAV OR GPS RWY 34, Amdt 4, Flight Inspection Area Office which 4, Amdt 21 CANCELLED originated the SIAP.
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For Purchase—Individual SIAP publication of the complete description public interest and, where applicable, copies may be obtained from: 1. FAA of each SIAP contained in FAA form that good cause exists for making these Public Inquiry Center (APA–200), FAA documents is unnecessary. The SIAPs effective in less than 30 days. Headquarters Building, 800 provisions of this amendment state the Conclusion Independence Avenue, SW., affected CFR (and FAR) sections, with Washington, DC 20591; or 2. The FAA the types and effective dates of the The FAA has determined that this Regional Office of the region in which SIAPs. This amendment also identifies regulation only involves an established the affected airport is located. the airport, its location, the procedure body of technical regulations for which By Subscription—Copies of all SIAPs, identification and the amendment frequent and routine amendments are mailed once every 2 weeks, are for sale number. necessary to keep them operationally by the Superintendent of Documents, current. It, therefore—(1) Is not a US Government Printing Office, The Rule ‘‘significant regulatory action’’ under Washington, DC 20402. This amendment to part 97 of the Executive Order 12866; (2) is not a FOR FURTHER INFORMATION CONTACT: Federal Aviation Regulations (14 CFR ‘‘significant rule’’ under DOT Donald P. Pate, Flight Procedure part 97) establishes, amends, suspends, Regulatory Policies and Procedures (44 Standards Branch (AMCAFS–420), or revokes SIAPs. For safety and FR 11034; February 26, 1979); and (3) Flight Technologies and Programs timeliness of change considerations, this does not warrant preparation of a Division, Flight Standards Service, amendment incorporates only specific regulatory evaluation as the anticipated Federal Aviation Administration, Mike changes contained in the content of the impact is so minimal. For the same Monroney Aeronautical Center, 6500 following FDC/P NOTAMs for each reason, the FAA certifies that this South MacArthur Blvd., Oklahoma City, SIAP. The SIAP information in some amendment will not have a significant OK 73169 (Mail Address: P.O. Box previously designated FDC/Temporary economic impact on a substantial 25082, Oklahoma City, OK 73125) (FDC/T) NOTAMs is of such duration as number of small entities under the telephone: (405) 954–4164. to be permanent. With conversion to criteria of the Regulatory Flexibility Act. FDC/P NOTAMs, the respective FDC/T SUPPLEMENTARY INFORMATION: This List of Subjects in 14 CFR part 97 amendment to part 97 of the Federal NOTAMs have been canceled. Aviation Regulations (14 CFR part 97) The FDC/P NOTAMs for the SIAPs Air traffic control, Airports, establishes, amends, suspends, or contained in this amendment are based Navigation (air). revokes Standard Instrument Approach on the criteria contained in the U.S. Issued in Washington, DC on August 6, Procedures (SIAPs). The complete Standard for Terminal Instrument 1999. regulatory description on each SIAP is Procedures (TERPS). In developing L. Nicholas Lacey, contained in the appropriate FAA Form these chart changes to SIAPs by FDC/P Director, Flight Standards Service. 8260 and the National Flight Data NOTAMs, the TERPS criteria were Center (FDC)/Permanent (P) Notices to applied to only these specific conditions Adoption of the Amendment Airmen (NOTAM) which are existing at the affected airports. All Accordingly, pursuant to the incorporated by reference in the SIAP amendments in this rule have authority delegated to me, part 97 of the amendment under 5 U.S.C. 552(a), 1 been previously issued by the FAA in a Federal Aviation Regulations (14 CFR CFR part 51, and § 97.20 of the Federal National Flight Data Center (FDC) part 97) is amended by establishing, Aviation’s Regulations (FAR). Materials Notice to Airmen (NOTAM) as an amending, suspending, or revoking incorporated by reference are available emergency action of immediate flight Standard Instrument Approach for examination or purchase as stated safety relating directly to published Procedures, effective at 0901 UTC on above. aeronautical charts. The circumstances the dates specified, as follows: The large number of SIAPs, their which created the need for all these complex nature, and the need for a SIAP amendments requires making PART 97ÐSTANDARD INSTRUMENT special format make their verbatim them effective in less than 30 days. APPROACH PROCEDURES publication in the Federal Register Further, the SIAPs contained in this 1. The authority citation for part 97 is expensive and impractical. Further amendment are based on the criteria revised to read as follows: airmen do not use the regulatory text of contained in the TERPS. Because of the the SIAPs, but refer to their graphic close and immediate relationship Authority: 49 U.S.C. 40103, 40113, 40120, depiction of charts printed by between these SIAPs and safety in air 44701; 49 U.S.C. 106(g); and 14 CFR 11.49(b) publishers of aeronautical materials. commerce, I find that notice and public (2). Thus, the advantages of incorporation procedure before adopting these SIAPs 2. Part 97 is amended to read as by reference are realized and are impracticable and contrary to the follows:
§§ 97.23, 97.25, 97.27, 97.29, 97.31, 97.33, 97.35 [Amended] By amending: § 97.23 VOR, VOR/DME, VOR or TACAN, and VOR/DME or TACAN; § 97.25, LOC, LOC/DME, LDA, LDA/DME, SDF, SDF/DME; § 97.27 NDB, NDB/DME; § 97.29 ILS, ILS/DME, ISMLS, MLS, MLS/DME, MLS/RNAV; § 97.31 RADAR SIAPs; § 97.33 RNAV SIAPs; and § 97.35 COPTER SIAPs, identified as follows: . . . Effective Upon Publication
NFDC TRANSMITTAL LETTER
FDC Date State City Airport FDC No. SIAP
06/09/99 ...... NJ Caldwell ...... Essex County ...... FDC 9/3961 NDB OR GPS±A AMDT 5. 06/09/99 ...... NJ Caldwell ...... Essex County ...... FDC 9/3962 LOC RWY 22 AMDT 1A. 07/23/99 ...... CA Oakdale ...... Oakdale ...... FDC 9/5344 VOR RWY 10 AMDT 5B. 07/23/99 ...... WA Seattle ...... Boeing Field/king County ... FDC 9/5346 ILS RWY 13R AMDT 27. 07/26/99 ...... LA Patterson ...... Harry P. Williams Memorial FDC 9/5438 LOC/DME RWY 24, AMDT 3.
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NFDC TRANSMITTAL LETTERÐContinued
FDC Date State City Airport FDC No. SIAP
07/26/99 ...... MO Rolla/Vichy ...... Rolla National ...... FDC 9/5433 VOR/DME OR GPS RWY 4, AMDT 2A. 07/26/99 ...... MO Rolla/Vichy ...... Rolla National ...... FDC 9/5434 VOR RWY 22, AMDT 7A. 07/26/99 ...... MO Rolla/Vichy ...... Rolla National ...... FDC 9/5435 VOR/DME RNAV OR GPS RWY 22, AMDT 2A. 07/28/99 ...... NY Syracuse ...... Syracuse Hancock Intl ...... FDC 9/5482 VOR RWY 14 AMDT 22A. 07/28/99 ...... NY Syracuse ...... Syracuse Hancock Intl ...... FDC 9/5483 VOR OR TACAN RWY 32 ORIG±B. 07/28/99 ...... NY Syracuse ...... Syracuse Hancock Intl ...... FDC 9/5484 GPS RWY 32 ORIG±A. 07/28/99 ...... NY Syracuse ...... Syracuse Hancock Intl ...... FDC 9/5485 GPS RWY 14 ORIG±A. 07/29/99 ...... FL Miami ...... Kendall-Tamiami Executive FDC 9/5508 ILS RWY 9R AMDT 8. 07/30/99 ...... CT Groton ...... Groton-New London ...... FDC 9/5524 VOR OR GPS RWY 23 AMDT 9. 07/30/99 ...... ME Bangor ...... Bangor Intl ...... FDC 9/5541 ILS RWY 15 AMDT 5 (CAT I, II, III). 07/30/99 ...... NE Omaha ...... Eplley Airfield ...... FDC 9/5540 ILS RWY 18, AMDT 6A. 08/03/99 ...... FL Miami ...... Miami Intl ...... FDC 9/5534 NDB OR GPS RWY 27L, AMDT 18B. 08/02/99 ...... VA Chesapeake ...... Chesapeake Muni ...... FDC 9/5593 VOR/DME RWY 23 AMDT 2B.
[FR Doc 99–21032 Filed 8–12–99; 8:45 am] November 14, 1996 (61 FR 58417), FDA wax is safe, the additive will achieve its BILLING CODE 4910±13±M announced that a food additive petition intended technical effect, and therefore, (FAP 7A4524) had been filed by Nalco/ 21 CFR part 172 should be amended as Exxon Energy Chemicals, L. P., c/o set forth below. DEPARTMENT OF HEALTH AND Keller and Heckman, 1001 G St. NW., In accordance with § 171.1(h) (21 CFR HUMAN SERVICES suite 500 West, Washington, DC 20001. 171.1(h)), the petition and the The petition proposed to amend the documents that FDA considered and Food and Drug Administration food additive regulations in § 172.886 relied upon in reaching its decision to Petroleum wax to provide for the safe approve the petition are available for 21 CFR Part 172 use of poly(alkylmethacrylate) as a inspection at the Center for Food Safety [Docket No. 96F±0415] processing aid in the manufacture of and Applied Nutrition by appointment petroleum wax. with the information contact person Food Additives Permitted for Direct Based on the data in the petition and listed above. As provided in § 171.1(h), Addition to Food for Human other relevant material, the agency has the agency will delete from the Consumption; Petroleum Wax determined that: (1) documents any materials that are not Poly(alkylmethacrylate) closely available for public disclosure before AGENCY: Food and Drug Administration, resembles and functions as making the documents available for HHS. poly(alkylacrylate), which is currently inspection. ACTION: Final rule. listed in § 172.886(c)(2) for use as a The agency has carefully considered processing aid in the manufacture of the potential environmental effects of SUMMARY: The Food and Drug petroleum wax; (2) this action. FDA has concluded that the Administration (FDA) is amending the poly(alkylmethacrylate) is a high action will not have a significant impact food additive regulations to provide for molecular weight polymer whose on the human environment, and that an the safe use of poly(alkylmethacrylate) absorption across the gastrointestinal environmental impact statement is not as a processing aid in the manufacture membrane would be minimal; and (3) required. The agency’s finding of no of petroleum wax. This action is in the estimated daily intake of the significant impact and the evidence response to a petition filed by Nalco/ monomeric impurity alkylmethacrylates supporting that finding, contained in an Exxon Energy Chemicals. from the proposed use, 0.1 milligram environmental assessment, may be seen DATES: This regulation is effective (mg)/person/day (d), is well below the in the Dockets Management Branch August 13, 1999; written objections and acceptable daily intake of 30 mg/person/ (address above) between 9 a.m. and 4 requests for a hearing by September 13, d established for alkylmethacrylates by p.m., Monday through Friday. 1999. The Director of the Office of the the agency. Furthermore, the agency has This final rule contains no collections Federal Register approves the determined that two methods of information. Therefore, clearance by incorporation by reference in incorporated by reference in the Office of Management and Budget accordance with 5 U.S.C. 552(a) and 1 § 172.886(c)(2) for the analysis of under the Paperwork Reduction Act of CFR part 51 of certain publications in poly(alkylacrylate) entitled ‘‘Method for 1995 is not required. § 172.886(c)(2) (21 CFR 172.886(c)(2)), Determining Weight-Average and Any person who will be adversely effective August 13, 1999. Number-Average Molecular Weight and affected by this regulation may at any ADDRESSES: Submit written objections to for Determining Alkylacrylate Monomer time on or before September 13, 1999, the Dockets Management Branch (HFA– Content of Poly(alkylacrylate) used as file with the Dockets Management 305), Food and Drug Administration, Processing Aid in Manufacture of Branch (address above) written 5630 Fishers Lane, rm. 1061, Rockville, Petroleum Wax’’ and ‘‘Method for objections thereto. Each objection shall MD 20852. Determining Residual Level of be separately numbered, and each FOR FURTHER INFORMATION CONTACT: Poly(alkylacrylate) in Petroleum Wax,’’ numbered objection shall specify with Aydin O¨ rstan, Center for Food Safety are applicable to the analysis of particularity the provisions of the and Applied Nutrition (HFS–215), Food poly(alkylmethacrylate). Based on this regulation to which objection is made and Drug Administration, 200 C St. SW., information, FDA concludes that the and the grounds for the objection. Each Washington, DC 20204, 202–418–3076. proposed food use of numbered objection on which a hearing SUPPLEMENTARY INFORMATION: In a notice poly(alkylmethacrylate) as a processing is requested shall specifically so state. published in the Federal Register of aid in the manufacture of petroleum Failure to request a hearing for any
VerDate 18-JUN-99 09:54 Aug 12, 1999 Jkt 183247 PO 00000 Frm 00019 Fmt 4700 Sfmt 4700 E:\FR\FM\A13AU0.043 pfrm02 PsN: 13AUR1 44122 Federal Register / Vol. 64, No. 156 / Friday, August 13, 1999 / Rules and Regulations particular objection shall constitute a Processing Aid in Manufacture of ADDRESSES: Written objections may be waiver of the right to a hearing on that Petroleum Wax,’’ which is incorporated sent to the Dockets Management Branch objection. Each numbered objection for by reference in accordance with 5 U.S.C. (HFA–305), Food and Drug which a hearing is requested shall 552(a) and 1 CFR part 51. Copies are Administration, 5630 Fishers Lane, rm. include a detailed description and available from the Office of Premarket 1061, Rockville, MD 20852. analysis of the specific factual Approval (HFS–200), Center for Food FOR FURTHER INFORMATION CONTACT: information intended to be presented in Safety and Applied Nutrition, Food and support of the objection in the event Drug Administration, 200 C St. SW., Robert L. Martin, Center for Food Safety that a hearing is held. Failure to include Washington, DC 20204, or may be and Applied Nutrition (HFS–215), Food such a description and analysis for any examined at the Center for Food Safety and Drug Administration, 200 C St. SW., particular objection shall constitute a and Applied Nutrition’s Library, Food Washington, DC 20204–0001, 202–418– waiver of the right to a hearing on the and Drug Administration, 200 C St. SW., 3074. objection. Three copies of all documents Washington, DC, or at the Office of the SUPPLEMENTARY INFORMATION: In a notice shall be submitted and shall be Federal Register, 800 North Capitol St. published in the Federal Register of identified with the docket number NW., suite 700, Washington, DC. January 26, 1998 (63 FR 3749), FDA found in brackets in the heading of this Petroleum wax shall contain not more announced that a food additive petition than 1,050 parts per million of document. Any objections received in (FAP 8A4568) had been filed by Bio- poly(alkylacrylate) or response to the regulation may be seen Cide International, Inc., c/o Keller and in the Dockets Management Branch poly(alkylmethacrylate) residues as determined by a method entitled Heckman LLP, 1001 G St. NW., suite between 9 a.m. and 4 p.m., Monday 500 West, Washington, DC 20001. The through Friday. ‘‘Method for Determining Residual Level of Poly(alkylacrylate) in petition proposed to amend the food List of Subjects in 21 CFR Part 172 Petroleum Wax,’’ which is incorporated additive regulations in 21 CFR part 173 Food additives, Incorporation by by reference. Copies are available from to provide for the safe use of acidified reference, Reporting and recordkeeping the addresses cited in this paragraph. sodium chlorite solutions in processing requirements. * * * * * water and ice intended for use in Therefore, under the Federal Food, contact with seafood. In its evaluation of Dated: August 5, 1999. Drug, and Cosmetic Act and under the petition, the agency has concluded authority delegated to the Commissioner Janice F. Oliver, that the microbial population of the of Food and Drugs and redelegated to Deputy Director, Center for Food Safety and water and ice is reduced, as long as a Applied Nutrition. the Director, Center for Food Safety and residual level of available acidified Applied Nutrition, 21 CFR part 172 is [FR Doc. 99–20889 Filed 8–12–99; 8:45 am] solution of sodium chlorite is amended as follows: BILLING CODE 4160±01±F maintained. Under the Antimicrobial Regulation PART 172ÐFOOD ADDITIVES PERMITTED FOR DIRECT ADDITION DEPARTMENT OF HEALTH AND Technical Corrections Act of 1998 TO FOOD FOR HUMAN HUMAN SERVICES (ARTCA) (Public Law 105–324), the use CONSUMPTION of an acidified solution of sodium Food and Drug Administration chlorite used as an antimicrobial agent 1. The authority citation for 21 CFR in water and ice that are used to rinse, part 172 continues to read as follows: 21 CFR Part 173 wash, thaw, transport, or store seafood Authority: 21 U.S.C. 321, 341, 342, 348, [Docket No. 98F±0014] is subject to regulation by FDA as a food 371, 379e. additive. Such solutions are to be used Secondary Direct Food Additives ‘‘in water that comes in contact with the 2. Section 172.886 is amended by Permitted in Food for Human food in the preparing, packing, or revising paragraph (c)(2) to read as Consumption follows: holding of the food for commercial AGENCY: Food and Drug Administration, purposes,’’ and therefore, such use is § 172.886 Petroleum wax. HHS. exempt from the definition of the term * * * * * ACTION: Final rule. ‘‘pesticide chemical’’ (21 U.S.C. (c) * * * 321(q)(1)(B)(i)). Moreover, as stated in (2) Poly(alkylacrylate) (CAS Reg. No. SUMMARY: The Food and Drug Administration (FDA) is amending the the ‘‘Legal and Policy Interpretation of 27029–57–8), made from long chain the Jurisdiction Under the Federal Food, (C16–C22) alcohols and acrylic acid, or food additive regulations to provide for the safe use of acidified solutions of Drug, and Cosmetic Act of the Food and poly(alkylmethacrylate) (CAS Reg. No. Drug Administration and the 179529–36–3), made from long chain sodium chlorite as an antimicrobial Environmental Protection Agency Over (C18–C22) methacrylate esters, having: agent in processing water and ice (i) A number average molecular intended for use in contact with the Use of Certain Antimicrobial weight between 40,000 and 100,000; seafood. This action is in response to a Substances’’ (63 FR 54532 at 54541, (ii) A weight average molecular petition filed by Bio-Cide International, October 9, 1998), FDA discussed, in the weight (MWw) to number average Inc. context of its jurisdiction over molecular weight (MWn) ratio (MWw/ DATES: The regulation is effective antimicrobial substances, what MWn) of not less than 3; and August 13, 1999; written objections and constitutes ‘‘processing’’ of seafood, (iii) Unreacted alkylacrylate or requests for a hearing by September 13, which interpretation is unchanged by alkylmethacrylate monomer content not 1999. The Director of the Office of the ARTCA. FDA stated that fish that is in excess of 14 percent, as determined Federal Register approves the harvested is ‘‘processed.’’ Consequently, by a method entitled ‘‘Method for incorporation by reference in activities done postharvest to seafood, Determining Weight-Average and accordance with 5 U.S.C. 552(a) and 1 such as handling, storing, preparing, Number-Average Molecular Weight and CFR part 51 of certain publications in heading, eviscerating, shucking, or for Determining Alkylacrylate Monomer § 173.325(e) (21 CFR 173.325(e)), holding, would be activities done to Content of Poly(alkylacrylate) used as effective August 13, 1999. ‘‘processed food,’’ not raw agricultural
VerDate 18-JUN-99 14:52 Aug 12, 1999 Jkt 183247 PO 00000 Frm 00020 Fmt 4700 Sfmt 4700 E:\FR\FM\13AUR1.XXX pfrm01 PsN: 13AUR1 Federal Register / Vol. 64, No. 156 / Friday, August 13, 1999 / Rules and Regulations 44123 commodities. Therefore, under ARTCA, environmental assessment, may be seen § 173.325 Acidified sodium chlorite fish processing operations and in the Dockets Management Branch solutions. commercial fishing vessels would not be (address above) between 9 a.m. and 4 * * * * * considered a ‘‘field’’ or a ‘‘treatment p.m., Monday through Friday. (d) The additive is used as an facility where raw agricultural This final rule contains no collection antimicrobial agent in water and ice that commodities are the only food treated’’ of information. Therefore, clearance by are used to rinse, wash, thaw, transport, (21 U.S.C. 321(q)(1)(B)(i)), and thus, an the Office of Management and Budget or store seafood in accordance with antimicrobial applied to water to which under the Paperwork Reduction Act of current industry standards of good seafood is added at such locations 1995 is not required. manufacturing practice. The additive is would not be subject to regulation as a produced by mixing an aqueous Any person who will be adversely ‘‘pesticide chemical,’’ but instead would solution of sodium chlorite with any affected by this regulation may, at any be subject to regulation as a ‘‘food GRAS acid to achieve a pH in the range time on or before September 13, 1999, additive’’ under the Federal Food, Drug, of 2.5 to 2.9 and diluting this solution file with the Dockets Management and Cosmetic Act (the act). with water to achieve an actual use Branch (address above) written Although the use of an acidified concentration of 40 to 50 parts per objections thereto. Each objection shall solution of sodium chlorite as an million (ppm) sodium chlorite. Any be separately numbered, and each antimicrobial agent in water and ice that seafood that is intended to be consumed numbered objection shall specify with are used to rinse, wash, thaw, transport, raw shall be subjected to a potable water particularity the provisions of the or store seafood is regulated under rinse prior to consumption. regulation to which objection is made section 409 of the act (21 U.S.C. 348) as * * * * * a food additive, this intended use may and the grounds for the objection. Each nevertheless be subject to regulation as numbered objection on which a hearing Dated: August 5, 1999. a pesticide under the Federal is requested shall specifically so state. Janice F. Oliver, Insecticide, Fungicide, and Rodenticide Failure to request a hearing for any Deputy Director, Center for Food Safety and Act (FIFRA). Therefore, manufacturers particular objection shall constitute a Applied Nutrition. intending to market acidified solutions waiver of the right to a hearing on that [FR Doc. 99–20890 Filed 8–12–99; 8:45 am] of sodium chlorite for such use should objection. Each numbered objection for BILLING CODE 4160±01±F contact the Environmental Protection which a hearing is requested shall Agency to determine whether this use include a detailed description and requires a pesticide registration under analysis of the specific factual UNITED STATES INFORMATION FIFRA. information intended to be presented in AGENCY FDA has evaluated data in the support of the objection in the event petition and other relevant material. The that a hearing is held. Failure to include 22 CFR Part 514 agency concludes that the proposed use such a description and analysis for any of the additive to reduce the microbial particular objection shall constitute a Reinstatement of Exchange Visitors contamination of water and ice that are waiver of the right to a hearing on the Who Fail To Maintain Valid Program used to rinse, wash, thaw, transport, or objection. Three copies of all documents Status store seafood is safe, will achieve its shall be submitted and shall be AGENCY: United States Information intended technical effect, and therefore, identified with the docket number Agency. that the regulation in § 173.325 should found in the brackets in the heading of be amended as set forth below. this document. Any objections received ACTION: Interim Final Rule with request In accordance with § 171.1(h) (21 CFR in response to the regulation may be for comments. 171.1(h)), the petition and the seen in the Dockets Management Branch SUMMARY: This is an Interim Final Rule documents that FDA considered and (address above) between 9 a.m. and 4 with request for comments being made relied upon in reaching its decision to p.m., Monday through Friday. by the United States Information approve the petition are available for List of Subjects in 21 CFR Part 173 Agency (hereinafter ‘‘the Agency’’). The inspection at the Center for Food Safety rule will amend the Agency’s Exchange and Applied Nutrition by appointment Food additives, Incorporation by Visitor Program regulations regarding with the contact person listed above. As reference. reinstatement of J–1 exchange visitors to provided in § 171.1(h), the agency will Therefore, under the Federal Food, valid program status. This Interim Final delete from the documents any Drug, and Cosmetic Act and under Rule supersedes the Agency’s Statement materials that are not available for authority delegated to the Commissioner of Policy which was published in the public disclosure before making the of Food and Drugs, and redelegated to Federal Register on April 24, 1997. documents available for inspection. the Director, Center for Food Safety and In the notice of filing, FDA gave EFFECTIVE DATE: This Interim Final Rule Applied Nutrition, 21 CFR part 173 is is effective on August 13, 1999. interested parties an opportunity to amended as follows: submit comments on the petitioner’s Comments regarding this rulemaking will be accepted until September 13, environmental assessment. FDA PART 173ÐSECONDARY DIRECT 1999. received no comments in response to FOOD ADDITIVES PERMITTED IN that notice. FOOD FOR HUMAN CONSUMPTION ADDRESSES: United States Information The agency has carefully considered Agency, Office of the General Counsel, the potential environmental effects of 1. The authority citation for 21 CFR 301 Fourth Street, SW, Room 700, this action. FDA has concluded that the part 173 continues to read as follows: Washington, DC 20547–0001. FOR FURTHER INFORMATION CONTACT: action will not have a significant impact Authority: 21 U.S.C. 321, 342, 348. on the human environment, and that an Lorie J. Nierenberg, Office of the General environmental impact statement is not 2. Section 173.325 is amended by Counsel, United States Informaiton required. The agency’s finding of no redesignating paragraph (d) as Agency, 301 Fourth Street, SW, significant impact and the evidence paragraph (e), and by adding new Washington, DC 20547; telephone (202) supporting that finding, contained in an paragraph (d) to read as follows: 619–6084.
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SUPPLEMENTARY INFORMATION: While it is exchange visitor’s program status is Hays Act) that established the Exchange not the responsibility of the sponor to administered by the Agency, but the Visitor Program and created the J visa as ensure that the exchange visitor timely terms and conditions of the exchange part of the Immigration and departs the U.S., the Exchange Visitor visitor’s nonimmigrant status are Naturalization Act. Nevertheless, the Program regulations do require that a administered by the Service. Thus, vision of the authors of that legislation sponsor monitor its participating responsible officers and exchange was that scholars, professors, trainees, exchange visitors [22 CFR 514.10(e)]. visitors must be aware that failure to and the other caregories of exchange Among other things, the sponsor must maintain valid J–1 program status may visitors mentioned in the Act would ensure that the activity in which the at the same time be a failure to maintain come to the United States, accomplish exchange visitor is engaged is consistent valid immigration status, which may the objective for which they came, and with the category and activity listed on result in serious adverse consequences then return to their home country to the exchange visitor’s Form IAP–66 [22 for an exchange visitor by operation of share their new knowledge and skills CFR 514.10(e)(1)]. The sponsor must immigration law. Where there has been with their countrymen. That vision also monitor the progress and welfare of a failure to maintain valid immigration would be frustrated and undermined if the exchange visitor to the extent status, the Agency’s reinstatement to there were no finite limit on the period appropriate for the category [22 CFR valid program status does not serve as of time in which exchange visitors 514.10(e)(2)]. Finally, the sponsor must a reinstatement to valid immigration could remain in the United States. require the exchange visitor to keep the status. Moreover, the Agency believes that sponsor apprised of his or her address Similarly, there may be instances greatly extended periods of stay here and telephone number, and maintain where an exchange visitor may fail to tend to cause a closer identification such information [22 CFR 514.10(e)(3)]. maintain both valid nonimmigrant with the United States and tend to work The Agency believes that the status and valid program status. For against the exchange visitor’s eventual monitoring requirements set forth in the example, the Agency has been advised return home and completion of the existing Exchange Visitor Program that a soon to be promulgated Service desired ‘‘exchange.’’ regulations illuminate the sponsor’s regulation will establish that a J–1 Thus, the Exchange Visitor Program general obligation to monitor the exchange visitor will be deemed to have regulations impose limits on the exchange visitor’s Form IAP–66 to failed to maintain valid nonimmigrant duration of participation that vary from ensure that such form accurately reflects status and valid J–1 program status if category to category in recognition of the activities and the program dates of the exchange visitor fails to pay the fee the fact that some categories require the exchange visitor and that the mandated by Public Law 104–208 (the longer stays than others. (In some cases, exchange visitor is advised of the ‘‘CIPRIS’’ fee). At the same time, failure the language in the sponsor’s limitations on his or her activities and to pay the fee would preclude designation letter provides for less than authorized stay in the United States reinstatement to valid J–1 program the maximum duration of stay for (Existing regulations also explicitly status under this interim final rule; i.e., program participation for that particular require the sponsor to notify the Agency reinstatement to valid program status category.) When the Agency fails to in writing when the exchange visitor could not be made until the fee is paid. require strict adherence to the has withdrawn from or completed a The Agency acknowledges that most established durations of participation, program thirty or more days prior to the program participants do not knowingly for example, by tolerating or enabling ending date on his or her Form IAP–66 or wilfully engage in practices that the exchange visitor to fail to maintain or when the exchange visitor has been would jeopardize their status in the valid program status or otherwise terminated from his or her program [22 United States. However, the Agency is remain in the United States beyond the CFR 514.13(c)].) aware that on occasion, whether expiration of thirty days after the end One of the purposes of the Fulbright- through circumstances beyond the date of the exchange visitor’s Form IAP– Hays Act is to increase mutual control of the exchange visitor or 66, the Agency believes that it is understanding between the people of through administrative oversight, departing from the intent of the the United States and the people of inadvertence, or neglect on the part of Fulbright-Hays Act and the immigration other countries by means of educational a Responsible Officer or an exchange laws of the United States. Moreover, and cultural exchanges. When Congress visitor, or both, the exchange visitor remaining in the United States more enacted that Act, it amended the may fail to maintain valid program than thirty days beyond the end date on Immigration and Nationality Act by status. the exchange visitor’s Form IAP–66 will adding a new nonimmigrant visa The Agency believes that the above pace the exchange visitor in jeopardy of category—the J visa—to be used solely principles apply to the subject of this violating laws and regulations enforced for educational and cultural exchanges. rulemaking: Reinstatement to valid by the Service. Exchange visitors who come to the program status. Valid program status, in The Agency recognizes that some United States on the J visa come here as turn, relates directly to the concept of exchange visitors commit minor or participants in exchange programs ‘‘duration of participation in an technical infractions of the Exchange designated by the Director of the exchange visitor program.’’ With one Visitor Program regulations through Agency. While the Agency has a exception, the Exchange Visitor Program sheer inadvertence or excusable neglect. programmatic role with respect to regulations establish a duration of The Agency is of the view that these designating and monitoring programs in participation for each specific program minor or technical regulations do not which exchange visitors will participate category. [Exchange visitors in the constitute a failure to maintain valid J– while in the United States on the J visa, ‘‘college and university student’’ 1 program status. Under this Interim it does not administer or enforce the category have no fixed duration of Final Rule, such minor or technical provisions of the Immigration and participation as long as they meet infractions may be corrected by the Nationality Act, as amended. certain requirements. See 22 CFR responsible Officer and an application Administration and enforcement of that 514.23(h)]. Those limits to duration of for reinstatement need not be submitted Act is solely under the jurisdiction of participation were not set forth in the to the Agency. The Responsible Officer’s the Immigration and Naturalization Mutual Educational and Cultural correction of a minor or technical Service (‘‘the Service’’). Oversight of the Exchange Act of 1961 (the Fulbright- infraction returns the exchange visitor
VerDate 18-JUN-99 09:54 Aug 12, 1999 Jkt 183247 PO 00000 Frm 00022 Fmt 4700 Sfmt 4700 E:\FR\FM\A13AU0.001 pfrm02 PsN: 13AUR1 Federal Register / Vol. 64, No. 156 / Friday, August 13, 1999 / Rules and Regulations 44125 to the status quo ante, i.e., it is as if the the end date on the Form IAP–66, was admitted to the United States, along minor or technical infraction never pursuing or maintained an intent to with documentary evidence supporting occurred. pursue his or her original program the declaration. The declaration should The Interim Final Rule provides objective, and (1) that the violation of also explain (1) why and how the examples of minor or technical status resulted from circumstances violation of program status resulted infractions. Nevertheless, it is beyond the control of the exchange from circumstances beyond the control impossible to foresee and list all visitor or from administrative oversight, of the Responsible Officer or the possible such infractions. Thus, the inadvertence, or neglect on the part of exchange visitor or from administrative Interim Final Rule establishes several the Responsible Officer or the exchange delay or oversight inadvertence, or criteria to guide the Responsible Officer visitor or (2) that the failure to receive neglect on the part of the Responsible in determining whether the infraction is reinstatement to valid program status Office or the exchange visitor, or (2) a minor or technical one. If there is any would result in an unusual hardship to why and how failure to receive question in the mind of the Responsible the exchange visitor. The Agency reinstatement to valid program status Officer as to whether the infraction is a considers an unusual hardship to be a would result in unusual hardship to the minor or a substantive one, the Interim hardship that would not normally be exchange visitor. (As stated above, both Final Rule requires that the Responsible expected to result from a failure to test must be met if the exchange visitor Officer apply to the Agency for obtain reinstatement. For example, if an failed to maintain valid program status reinstatement on behalf of the exchange exchange visitor fails to maintain valid for 120 or more calendar days.) The visitor. program status and, if denied Agency expects the Responsible Officer The Exchange Visitor Program reinstatement, must pay for a return to make reasonable inquiries to verify regulations, which appear at 22 CFR airline ticket to his or her home country, that the information supporting the Part 514, do not include a regulation or the level of hardship would not be application for reinstatement is true, reinstatement to valid program status. considered unusual. By contrast, if an particularly with respect to the On April 24, 1997, the Agency exchange visitor doctoral candidate is in declaration that the exchange visitor is published a Statement of Policy on the final semester of a seven-year degree pursuing or was at all times intending reinstatement which was to be followed program and fails to maintain valid to pursue the original exchange program until a formal rulemaking was program status, the Agency would activity for which the exchange visitor promulgated. 62 FR 19925. The Interim consider it an unusual hardship to be was admitted to the United States. Rule supersedes and replaces the April denied the opportunity to complete the The request for reinstatement also is 24, 1997 Statement of Policy. The final semester and obtain the doctoral to include copies of all of the exchange Interim Rule establishes two categories degree. (This rulemaking changes the visitor’s Forms IAP–66 issued to date with respect to reinstatement for failure April 25, 1997 Statement of Policy. The and a new completed Form IAP–66, to maintain valid program status: (1) latter required that in all cases both tests indicating in Block 3 the date for which those cases wherein a substantive be met and, in addition, required a reinstatement is sought (namely, the violation of the regulations has occurred showing of unwarranted hardship, as new program end date). The new Form and which require application to the opposed to unusual hardship.) IAP–66 submitted to the Agency is to Agency for reinstatement; and, (2) those In addition, if the failure to maintain include all copies, including the green cases in which reinstatement will not be valid program status was equal to or copy for the exchange visitor. The Form granted under any circumstances. For more than 120 calendar days duration, IAP–66 is to be prepared in the same those cases identified in item 1 above, then the Responsible Officer, on behalf manner as is done for an Extension of exchange visitors must provide of the exchange visitor, must Program (§ 514.43), Transfer of Program evidence that they have at all times demonstrate to the Agency that both (§ 514.42), or Change of Category continued, or maintained an intent to tests are met, i.e., (1) that the violation (§ 514.41). In addition to marking continue, their program objective. of status resulted from circumstances ‘‘Extend an ongoing program,’’ (1) Substantive violations or beyond the control of the exchange ‘‘Transfer to a different program,’’ or infractions of the regulations. The visitor or from administrative delay or ‘‘Begin a new program’’ in the Interim Final Rule lists two violations oversight, inadvertence, or neglect on ‘‘Purpose’’ box located in the Form’s which the Agency considers to be the part of the Responsible Officer or the upper right hand corner, also mark substantive violations or infractions of exchange visitor, and (2) that the failure ‘‘Reinstatement Request’’ in the the regulations. If the Responsible to receive reinstatement to program ‘‘Purpose’’ box. If the older ‘‘E’’ series Officer determines that the violation status would result in unusual hardship Form IAP–66 is still being used, type in does not fit within one of the two listed to the exchange visitor. the words ‘‘Reinstatement Request’’ in violations, then the violation is either a Pursuant to this Interim Final Rule, the ‘‘Purpose’’ box. technical violation which can be where there has been a substantive If the Agency determines that addressed by the Responsible Officer on violation or infraction of the regulations, reinstatement is warranted, Box 6 on the his or her own initiative, or it is one of the agency will consider reinstating to new Form IAP–66 will be stamped, the violations for which reinstatement valid program status a J–1 exchange dated, and signed by the Agency to cannot be obtained. visitor who makes a request for indicate that reinstatement has been While this Interim Rule on reinstatement through his or her granted. The effective date of the reinstatement for substantive violations Responsible Officer. In such cases, the reinstatement will be the date on which fairly tracks the April 24, 1997 Responsible Officer is to direct a letter the application for reinstatement was Statement of Policy, two additional to the Exchange Visitor Program received by the Agency. exceptions follow. The Interim Final Services office containing a declaration The Agency has consulted with the Rule requires the Responsible Officer, from the Responsible Officer together Service with respect to the date on on behalf of the exchange visitor, to with information demonstrating that the which reinstatements are to be made carry the burden of persuasion by exchange visitor is pursuing or has at all effective. The Agency had considered demonstrating that the exchange visitor time maintained an intent to pursue the making the reinstatement effective nunc failed to maintain valid program status original exchange program activity for pro tunc, i.e., effective on the date on for less than 120 calendar days beyond which the exchange visitor was which the exchange visitor first failed to
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For purpose of this tunc reinstatement provisions may be maintain valid program status for the section— inconsistent with the Service’s equivalent of one academic year cannot You means the Responsible Officer or forthcoming F–1 (Student) regulations. arguably be considered to have been Alternate Responsible Officer; In order to ensure regulatory caused by circumstances beyond the Exchange visitor means the person consistency, the Agency has decided to control of the exchange visitor or by who enters the United States on a J visa make its reinstatement regulation mirror administrative delay or oversight, in order to participate in an exchange the Service’s with respect to the date on inadvertence or neglect. Moreover, the program designated by the Director of which reinstatement is effective. The failure to maintain valid program status the United States Information Agency. exchange community has voiced for more than 270 days presumptively Fails or failed maintain valid program concern that the Agency’s failure to demonstrates a failure to maintain an status means the status of an exchange make reinstatement effective nunc pro interest in continuing the exchange visitor who has completed, concluded, tunc will create a time gap wherein the visitor’s original program objective. ceased, interrupted, graduated from, or exchange visitor might be deemed to otherwise terminated the exchange have failed to maintain valid Comments visitor’s participation in the exchange nonimmigrant status for a period of The Agency invites comments on this program, or who remains in the United time, thus triggering the ‘‘unlawful Interim Final Rule from all interested States beyond the end date on the presence’’ sanctions provided in the parties, notwithstanding the fact that it exchange visitor’s current Form IAP–66. Illegal Immigration Reform And is under no legal obligation to do so. Unauthorized employment means any Immigrant Responsibility Act of 1996 The oversight and administration of the employment not properly authorized by (IIRAIRA). However, based on the Exchange Visitor Program are deemed to you or by the Attorney General, i.e., the Service’s current interpretation of be foreign affairs functions of the United Immigration and Naturalization Service, ‘‘unlawful presence’’ of nonimmigrants States Government. The Administrative prior to commencement of employment. admitted for ‘‘duration of status’’ (D/S), Procedure Act, 5 U.S.C. 553(a)(1) (1989) Unauthorized employment does not the Agency remains convinced that the specifically exempts foreign affairs include activities that are normally ‘‘gap’’ will not result in any prejudice to functions from the rulemaking approvable, as described in paragraph the exchange visitor. Should the Service requirements of the Act. (c)(3) of this section. alter its interpretation of ‘‘unlawful The Agency will accept comments for We, our, or us means the office of presence,’’ the Agency will revisit this 30 days following publication of this Exchange Visitor Program Services of issue. Interim Final Rule in the Federal the United States Information Agency. The new Form IAP–66 (minus the Register. A final rule will be adopted (b) Who is authorized to correct minor yellow copy) will be returned to the upon Agency review of all comments or technical infractions of the Exchange Responsible Officer. An Agency received. Comments should be mailed Visitor Program regulations? (1) If the decision denying reinstatement is not to the address listed above. exchange visitor committed a technical appealable. In accordance with 5 U.S.C. 605(b), or minor infraction of the regulations, 2. Non-reinstatable violations. The the Agency certifies that this rule does you are authorized to correct the Interim Final Rule list six violations or not have a significant adverse economic exchange visitor’s records with respect other conditions which preclude impact on a substantial number of small to such technical or minor infractions of reinstatement. These include instances: entities. This rule is not considered to the regulations in this part. Your (1) when the exchange visitor willfully be a significant regulatory action within correction of such an infraction(s) fails to maintain the health and accident the meaning of section 3(f) of Executive returns the exchange visitor to the status insurance required under 22 CFR Order 12866, nor does this rule have quo ante, i.e., it is as if the infraction 514.14; (2) when the exchange visitor Federalism implications warranting the never occurred. (2) You may only correct the exchange has engaged in employment not preparation of a Federalism Assessment visitor’s record with respect to a authorized by the Exchange Visitor in accordance with Executive Order technical or minor infraction of the Program’s or the Service’s regulations; 12612. (3) when the exchange visitor has been regulations in this part if the exchange suspended or terminated from the most List of Subjects in 22 CFR Part 514 visitor is pursuing or intending to recent exchange visitor program; (4) Cultural exchange programs. pursue the exchange visitor’s original when the exchange visitor has failed to program objective. maintain valid program status for more Dated: August 6, 1999. (3) You may not correct the exchange than 270 days; (5) when the exchange Les Jin, visitor’s records with respect to a visitor has received a favorable General Counsel. technical or minor infraction of the recommendation from the Agency on an Accordingly, 22 CFR part 514 is regulations in this part if the exchange application of waiver of section 212(e) amended as follows: visitor has willfully failed to maintain of the Immigration and Nationality Act insurance coverage during the period for (the two-year home residency PART 514ÐEXCHANGE which the record is being corrected; if requirement;) or, (6) when the exchange the exchange visitor has engaged in visitor has failed to pay the fee 1. The authority citation for part 514 unauthorized employment during that mandated by Public Law 104–208 (the continues to read as follows: period, as defined in paragraph (a) of ‘‘CIPRIS’’ fee). Note: The overwhelming Authority: 8 U.S.C. 1101(A)(15)(J), 1182, this section, of if the exchange visitor majority of exchange visitors fall in the 1184, 1258; 22 U.S.C. 1431–1442, 2451–2460; was involuntarily suspended or ‘‘college and university student’’ Reorganization Plan No. 2 of 1977, 3 CFR terminated from his or her program category. The Agency has decided on Comp. P. 200; E.O. 12048 of March 27, 1978, during the period. the 270-day outer limit, not because that 3 CFR, 1978 Comp. P. 168. (4) If the exchange visitor has failed number has any relevance to time 2. Section 514.45 is added to read as to maintain valid program status periods set forth in the immigration follows: because of a substantive violation of the
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We following criteria: (5) Received a favorable consider the following to be examples of (1) Regardless of the reason, has the recommendation from the Agency on an technical or minor infractions which exchange visitor failed to maintain valid application for waiver of section 212(e) you are authorized to correct: program status for more than 120 of the Immigration and Nationality Act (1) Failure to extend the Form IAP–66 calendar days after the end date on the [8 U.S.C. 1182(e)]; or, in a timely manner (i.e., prior to the end current Form IAP–66? (6) Failed to pay the fee mandated by date on the current Form IAP–66) due (2) Has the exchange visitor, by his or Public Law 104–208 (the ‘‘CIPRIS’’ fee.) to inadvertence or neglect on your part her actions, failed to maintain, at all (g) What if you cannot determine or on the part of the exchange visitor. relevant times, his or her original which category (technical, substantive, (2) Failure on the part of the exchange program objective? or non-reinstatable) the violation or visitor to conclude a transfer of program (3) Has the exchange visitor willfully infraction falls within? If you cannot prior to the end date on the current failed to comply with our insurance determine which category the violation Form IAP–66 due to administrative coverage requirements (§ 514.14)? or condition falls within, then you must, delay or oversight, inadvertence or (4) Has the exchange visitor engaged on behalf of the exchange visitor, apply neglect on your part or on the part of the in unauthorized employment, as that to us for reinstatement. exchange visitor; term is defined in paragraph (a) of this (h) If you determine that the exchange (3) Failure to receive your prior section? visitor’s violation of the regulations in approval and/or an amended Form IAP– (5) Has the exchange visitor category this part is a substantive one, how do 66 before accepting an honorarium or been involuntarily suspended or you apply for a reinstatement to valid other type of payment for engaging in a terminated from his or her program? program status? (1) If you determine normally approvable and appropriate (6) Has an exchange visitor in the that the violation of the regulations in activity. Example, a lecture, student category failed to maintain a full this part is a substantive one, and that consultation, or other activity course of study (as defined in § 514.2) the exchange visitor has failed to appropriate to the category which is without prior consultation with you and maintain valid program status for 120 provided by a professor, research the exchange visitor’s academic advisor? days or less, you must apply to us for scholar, short-term scholar or specialist (7) Has the exchange visitor failed to reinstatement of the exchange visitor to without prior approval or an amended pay the fee mandated by Public Law valid program status. Your application Form IAP–66 issued prior to the 104–208 (the ‘‘CIPRIS’’ fee)? must include: occurrence of the activity. (8) If the answer to any of the above (i) All copies of the exchange visitor’s (4) You correct the record status quo questions is ‘‘yes,’’ then the infraction is Forms IAP–66 issued to date; ante by issuing a Form IAP–66 or by not a technical or minor one and you are (ii) A new, completed Form IAP–66, writing an authorization letter to reflect not authorized to reinstate the exchange showing in Block 3 the date of the the continuity in the program or the visitor to valid program status. period for which reinstatement is permission to engage in the activity that (e) Which violations or infractions do sought, i.e., the new program end date; a timely issued document would have we consider to be substantive ones (iii) A copy of the receipt showing reflected. requiring you to apply to us for that the Public Law 104–208 fee has (i) Forms IAP–66 should be: reinstatement? The following are been paid; and, (A) Issued to show continued substantive violations or infractions of (iv) A written statement (and authorized stay without interruption; the regulations in this part by the documentary information supporting (B) Marked in the ‘‘purpose’’ box with exchange visitor which require you to such statement): the appropriate purpose (i.e., extension, apply to us for reinstatement to valid (A) Declaring that the exchange visitor transfer, etc.) and with the additional program status: is pursuing or was at all times intending notation of ‘‘correct the record’’ typed (1) Failure to maintain valid program to pursue the original exchange visitor in; status for more than 120 days after the program activity for which the exchange (C) Dated as of the date the Form was end date on the current Form IAP–66; visitor was admitted to the United actually executed; and, (2) If a student, failure to maintain a States; and, (D) Submitted to the Agency in the full course of study (as defined in (B) Showing that the exchange visitor same way as any other notification. § 514.2) without prior consultation with failed to maintain valid program status (ii) Letters or other authorization you and the exchange visitor’s academic due to circumstances beyond the control documents should be: advisor. of the exchange visitor, or from (A) Issued according to the (f) Which, if any, violations of the administrative delay or oversight, regulations in this part appropriate to regulations in this part or other inadvertence, or excusable neglect on the category and the activity; conditions preclude reinstatement and your part or the exchange visitor’s part; (B) Marked or annotated to show will result in a denial if application is or, ‘‘correct the record,’’ made? We will not consider requests for (C) Showing that it would be an (C) Dated as of the date the letter or reinstatement (nor should you) when an unusual hardship to the exchange document was actually executed; and, exchange visitor has: visitor if we do not grant the (D) Attached to the exchange visitor’s (1) Knowingly or willfully failed to reinstatement to valid program status. Form IAP–66 and/or retained in the obtain or maintain the required health (2) If you determine that the violation sponsor’s file as required by the insurance (§ 514.14) at all times while in of the regulations is a substantive one, regulations in this part for that the United States; and that the exchange visitor has failed particular type of letter or document. (2) Engaged in unauthorized to maintain valid program status for (d) How do you determine if an employment, as that term is defined in more than 120 days, then you must infraction, other than those examples paragraph (a) of this section; apply to us for reinstatement of the
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PENSION BENEFIT GUARANTY lump sums, the interest assumptions to Your application must include: CORPORATION be used by the PBGC will be 5.00 (i) Copies of all the exchange visitor’s percent for the period during which a Forms IAP–66 issued to date; 29 CFR Part 4044 benefit is in pay status, 4.25 percent (ii) A new, completed Form IAP–66, during the seven-year period directly showing in Block 3 the date for which Allocation of Assets in Single- Employer Plans; Interest Assumptions preceding the benefit’s placement in pay reinstatement is sought, i.e., the new status, and 4.00 percent during any program end date; for Valuing Benefits (iii) A copy of the receipt showing other years preceding the benefit’s AGENCY: Pension Benefit Guaranty placement in pay status. The lump sum that the Pub. L. 104–208 fee has been Corporation. paid; and, interest assumptions are unchanged (iv) A written statement (together with ACTION: Final rule. from those in effect for August 1999. documentary evidence supporting such SUMMARY: The Pension Benefit Guaranty The PBGC has determined that notice statement): Corporation’s regulation on Allocation and public comment on this amendment (A) Declaring that the exchange visitor of Assets in Single-Employer Plans are impracticable and contrary to the is pursuing or was at all times intending prescribes interest assumptions for public interest. This finding is based on to pursue the exchange visitor program valuing benefits under terminating the need to determine and issue new activity for which the exchange visitor single-employer plans. This final rule interest assumptions promptly so that was admitted to the United States; and, amends the regulation to adopt interest (B) Showing that the exchange visitor the assumptions can reflect, as assumptions for plans with valuation failed to maintain valid program status accurately as possible, current market dates in September, 1999. Interest due to circumstances beyond the control conditions. assumptions are also published on the of the exchange visitor, or from Because of the need to provide PBGC’s web site (http://www.pbgc.gov). administrative delay or oversight, immediate guidance for the valuation of EFFECTIVE DATE: September 1, 1999. inadvertence, or excusable neglect on benefits in plans with valuation dates your part or the exchange visitor’s part; FOR FURTHER INFORMATION CONTACT: during September 1999, the PBGC finds and, Harold J. Ashner, Assistant General that good cause exists for making the Counsel, Office of the General Counsel, (C) Showing that it would be an assumptions set forth in this Pension Benefit Guaranty Corporation, unusual hardship to the exchange amendment effective less than 30 days 1200 K Street, NW., Washington, DC visitor if we do not grant the after publication. reinstatement to valid program status. 20005, 202–326–4024. (For TTY/TDD (i) How will we notify you of our users, call the Federal relay service toll- The PBGC has determined that this decision on your request for free at 1–800–877–8339 and ask to be action is not a ‘‘significant regulatory reinstatement? (1) If we deny your connected to 202–326–4024.) action’’ under the criteria set forth in request for reinstatement, we will notify SUPPLEMENTARY INFORMATION: The Executive Order 12866. you by letter. PBGC’s regulation on Allocation of Because no general notice of proposed (2) If we approve your request for Assets in Single-Employer Plans (29 rulemaking is required for this reinstatement, we will notify you: CFR part 4044) prescribes actuarial amendment, the Regulatory Flexibility (i) By stamping Box 6 on the new assumptions for valuing plan benefits of Form IAP–66 to show that reinstatement Act of 1980 does not apply. See 5 U.S.C. terminating single-employer plans 601(2). was granted, effective as of the date on covered by title IV of the Employee which the application for reinstatement Retirement Income Security Act of 1974. List of Subjects in 29 CFR Part 4044 was received by the Exchange Visitor Among the actuarial assumptions Program Services office; and prescribed in part 4044 are interest Pension insurance, Pensions. (ii) By returning the new Form IAP– assumptions. These interest 66 for the exchange visitor. In consideration of the foregoing, 29 assumptions are intended to reflect CFR part 4044 is amended as follows: (j) How long will it take us to act on current conditions in the financial and your request for reinstatement? We will annuity markets. PART 4044ÐALLOCATION OF act on your request for reinstatement Two sets of interest assumptions are within forty-five days from the date on ASSETS IN SINGLE-EMPLOYER prescribed, one set for the valuation of PLANS which we receive the request and benefits to be paid as annuities and one supporting documentation. set for the valuation of benefits to be (k) Are you required to notify us each 1. The authority citation for part 4044 paid as lump sums. This amendment time that you correct a record? No continues to read as follows: adds to appendix B to part 4044 the special notification is necessary. annuity and lump sum interest Authority: 29 U.S.C. 1301(a), 1302(b)(3), Submission of the notification copy of assumptions for valuing benefits in 1341, 1344, 1362. Form IAP–66 to the Agency serves as plans with valuation dates during notice that a record has been corrected. 2. In appendix B, a new entry is September 1999. Following the regulations in this part in added to Table I, and Rate Set 71 is For annuity benefits, the interest issuing a letter or document serves as added to Table II, as set forth below. assumptions will be 6.30 percent for the correction in the sponsor’s file for those first 20 years following the valuation The introductory text of each table is items not normally sent to the Agency date and 5.25 percent thereafter. The republished for the convenience of the under existing notification procedures. annuity interest assumptions are reader and remains unchanged. [FR Doc. 99–20783 Filed 8–12–99; 8:45 am] unchanged from those in effect for BILLING CODE 8230±01±M August 1999. For benefits to be paid as
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Appendix B to Part 4044—Interest Rates Used To Value Annuities and Lump Sums
TABLE I.ÐANNUITY VALUATIONS
[This table sets forth, for each indicated calendar month, the interest rates (denoted by i1, i2, . . ., and referred to generally as it) assumed to be in effect between specified anniversaries of a valuation date that occurs within that calendar month; those anniversaries are specified in the columns adjacent to the rates. The last listed rate is assumed to be in effect after the last listed anniversary date.]
The values of it are: For valuation dates occurring in the monthÐ it for t = it for t = it for t =
******* September 1999 ...... 0630 1±20 .0525 >20 N/A N/A
TABLE II.ÐLUMP SUM VALUATIONS [In using this table: (1) For benefits for which the participant or beneficiary is entitled to be in< pay status on the valuation date, the immediate annuity rate shall apply; (2) For benefits for which the deferral period is y years (where y is an integer and 0 < y ≤ n1), interest rate i1 shall apply from the valuation date for a period of y years, and thereafter the immediate annuity rate shall apply; (3) For benefits for which the de- ferral period is y years (where y is an integer and n1 < y < n1 > n2), interest rate i2 shall apply from the valuation date for a period of y < n1 > n2) years, interest rate i1 shall apply for the following n1 years, and thereafter the immediate annuity rate shall apply; (4) For benefits for which the deferral period is y years (where y is an integer and y > n1 + n2), interest rate i3 shall apply from the valuation date for a period of y±n1K±n2 years, interest rate i2 shall apply for the following n2 years, interest rate i1 shall apply for the following n1 years, and thereafter the immediate annuity rate shall apply.]
For plans with a valuation Immediate Deferred annuities (percent) Rate set date annuity rate i i n n On or after Before (percent) i1 2 3 1 2
******* 71 09±1±99 10±1±99 5.00 4.25 4.00 4.00 7 8
Issued in Washington, DC, on this 6th day of August, 1999. David M. Strauss, Executive Director, Pension Benefit Guaranty Corporation. [FR Doc. 99–20927 Filed 8–12–99; 8:45 am] BILLING CODE 7708±01±P
DEPARTMENT OF TRANSPORTATION ADDRESSES: Documents as indicated in The existing operating regulations for this preamble are available for the Rt-36 Bridge, listed at 33 CFR Coast Guard inspection or copying at the First Coast 117.755(a), require the bridge to open on Guard District Office, 408 Atlantic signal; except that, from Memorial Day 33 CFR Part 117 Avenue, Boston, Massachusetts 02110, 7 through Labor Day on Saturdays, [CGD01±99±010] a.m. to 3 p.m., Monday through Friday, Sundays, and holidays, from 10 a.m. to RIN 2115±AE47 except Federal holidays. The telephone 7 p.m., the draw need be opened only number is (617) 223–8364. on the hour and half hour. Drawbridge Operation Regulations: FOR FURTHER INFORMATION CONTACT: John The bridge owner, the New Jersey Shrewsbury River, NJ W. McDonald, Project Officer, First Department of Transportation (NJDOT) AGENCY: Coast Guard, DOT. Coast Guard District, (617) 223–8364. asked the Coast Guard to change the ACTION: Final Rule. SUPPLEMENTARY INFORMATION: operating regulations for the Route 36 SUMMARY: The Coast Guard is changing Regulatory History Bridge to help alleviate vehicular traffic caused by bridge openings during the the drawbridge operation regulations On May 25, 1999, the Coast Guard summer months. The Coast Guard governing the Route 36 Bridge, mile 1.8, published a notice of proposed published a notice of proposed across the Shrewsbury River at rulemaking entitled Drawbridge Highlands, New Jersey. This final rule Operation Regulations; Shrewsbury rulemaking on May 25, 1999, which requires the drawbridge need open only River, New Jersey, in the Federal proposed that the Route 36 Bridge open at a quarter before and a quarter after the Register (64 FR 28126). The Coast Guard on signal, except that, from May 15 hour, May 15 through October 15, 7 a.m. received one letter commenting on the through October 15, 7 a.m. to 8 p.m., the to 8 p.m. This change is necessary to notice of proposed rulemaking. No draw need open only on the hour and help alleviate vehicular traffic public hearing was requested and none half hour. congestion caused by frequent bridge was held. The Coast Guard received one openings. This final rule is expected to Background comment letter in response to the notice relieve traffic congestion, synchronize of proposed rulemaking suggesting that the opening times of the two moveable The Route 36 Bridge, at mile 1.8, at the Coast Guard synchronize the bridges on the waterway, and still meet Highlands, new Jersey, across the opening times for the Route 36 Bridge the reasonable needs of navigation. Shrewsbury River, has a vertical and the Monmouth County highway DATES: This final rule is effective clearance of 35 feet at mean high water September 13, 1999. and 39 feet at mean low water.
VerDate 18-JUN-99 16:11 Aug 12, 1999 Jkt 183247 PO 00000 Frm 00027 Fmt 4700 Sfmt 4700 E:\FR\FM\13AUR1.XXX pfrm04 PsN: 13AUR1 44130 Federal Register / Vol. 64, No. 156 / Friday, August 13, 1999 / Rules and Regulations bridge at mile 4.0, at Sea Bright, New The notice of proposed rulemaking Environment Jersey, both across the Shrewsbury proposed to change the clearance gage River. The synchronizing of the opening requirements for the Route 36 Bridge The Coast Guard considered the schedules at the bridges will allow only. This final rule will change the environmental impact of this final rule vessels to transit through the bridges clearance gage requirements for both and concluded that, under Section with minimum delay. bridges. 2.B.2., Figure 2–1, paragraph (32)(e), of The bridge opening log data for the Commandant Instruction M16475.1C, years 1995–1997 published by the Coast Regulatory Evaluation this final rule is categorically excluded Guard in the notice of proposed This final rule is not a significant from further environmental rulemaking was incorrect. The correct regulatory action under section 3(f) of documentation because promulgation of opening log data is included in this final Executive Order 12866 and does not changes to drawbridge regulations have rule along with the addition of 1998 require an assessment of potential costs been found to not have a significant opening log data. The correct opening and benefits under section 6(a)(3) of that effect on the environment. A written log data also supports the need to Order. It has not been reviewed by the ‘‘Categorical Exclusion Determination’’ change the operating regulations for the Office of Management and Budget under is not required for this final rule. Route 36 Bridge during the time period that Order. It is not significant under the the bridge owner has requested. regulatory policies and procedures of List of Subjects in 33 CFR Part 117 The Route 36 Bridge opening data, the Department of Transportation (DOT) Bridges. May through October, for 1995, 1996, (44 FR 11040; February 26, 1979). The 1997, 1998, indicates the following Coast Guard expects the economic Regulations number of openings: May, 186, 151, 149 impact of this final rule to be so and 146; June, 239, 384, 247 and 211; minimal that a full Regulatory For the reasons set out in the July, 398, 323, 302 and 327; August, Evaluation under paragraph 10e of the preamble, the Coast Guard amends 33 342, 488, 311 and 241; September, 280, regulatory policies and procedures of CFR part 117 as follows: 280, 199 and 228; October, 190, 298, 158 DOT is unnecessary. This conclusion is and 140, respectively. based on the fact that the bridge will PART 117ÐDRAWBRIDGE The bridge owner originally requested open for vessel traffic two times an hour OPERATION REGULATIONS that the Route 36 Bridge open on signal and the mariners will still be able to 1. The authority citation for part 117 on the hour and half hour, 7 a.m. to 10 transit the waterway provided they p.m., May 15 through October 15. The schedule their transits in accordance continues to read as follows: traffic counts indicated the hours 7 a.m. with the operating schedule of the Authority: 33 U.S.C. 499; 49 CFR 1.46; 33 to 8 p.m. were the hours each day that bridge. CFR 1.05–1(g); section 117.255 also issued most vehicles passed over the bridge. under the authority of Pub. L. 102–587, 106 The vehicular traffic counts did not Small Entities Stat. 5039. support the need to limit bridge Under the Regulatory Flexibility Act openings during the 8 p.m. to 10 p.m. (5 U.S.C. 601 et seq.), the Coast Guard 2. Section 117.755 is revised to read time period. considered whether this final rule will as follows: have a significant economic impact on Discussion of Comments and Changes § 117.755 Shrewsbury River. a substantial number of small entities. The Coast Guard received one letter in ‘‘Small entities’’ include small (a) The Route 36 Bridge, mile 1.8, at response to the notice of proposed businesses, not-for-profit organizations Highlands, New Jersey, shall open on rulemaking. The Coast Guard has that are independently owned and signal, except that, from May 15 through changed this final rule as a result of the operated and are not dominant in their October 15, 7 a.m. to 8 p.m., the draw comment letter received. The opening fields, and governmental jurisdictions need open only at a quarter before the schedule published in the notice of with populations less than 50,000. hour and a quarter after the hour. The proposed rulemaking required the Route Therefore, for reasons discussed in the owners of the bridge shall provide and 36 Bridge to need open only on the hour Regulatory Evaluation section above, the keep in good legible condition, two and half-hour. The Coast Guard, as a Coast Guard certifies under section clearance gauges, with figures not less result of the comment received, has 605(b) of the Regulatory Flexibility Act than eight inches high, designed, changed the opening schedule to require (5 U.S.C. 601 et seq.) that this final rule installed and maintained according to the Route 36 Bridge need open only at will not have a significant economic the provisions of § 118.160 of this a quarter before the hour and a quarter impact on a substantial number of small chapter. after the hour. This change will entities. synchronize the opening schedules for (b) The draw of the Monmouth the two moveable bridges on the Collection of Information County highway bridge, mile 4.0, at Sea Shrewsbury River and will allow vessels This final rule does not provide for a Bright, shall open on signal; except that, to transit through the bridges with collection of information under the from May 15 through September 30, on minimum delay. Paperwork Reduction Act of 1995 (44 Saturdays, Sundays, and holidays, from The existing regulations refer to the U.S.C. 3501 et seq.). 9 a.m. to 7 p.m., the draw need open Route 36 Bridge as the S36 Bridge. The only on the hour and half hour. The reference to S36 Bridge in the Federalism draw need not be opened at any time for regulations will be changed in this final The Coast Guard has analyzed this a sailboat, unless it is under auxiliary rule to the Route 36 Bridge because it final rule in accordance with the power or is towed by a powered vessel. is a more recognizable description. The principles and criteria contained in The owners of the bridge shall keep in language requiring clearance gages for Executive Order 12612 and has good legible condition two clearance the Monmouth County Bridge listed at determined that this final rule does not gages, with figures not less than eight § 117.755(b) will be changed in this have sufficient federalism implications inches high, designed, installed and final rule to reference specifications to warrant the preparation of a maintained according to the provisions listed under § 118.160 of this chapter. Federalism Assessment. of § 118.160 of this chapter.
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Dated: August 2, 1999. that can pass under the bridge without documents relevant to this action are R. M. Larrabee, an opening may do so at all times available for inspection during normal Rear Admiral, U.S. Coast Guard Commander, during the closed periods. business hours at the above address. First Coast Guard District. In accordance with 33 CFR 117.35(c), (Please telephone Christos Panos at [FR Doc. 99–20955 Filed 8–12–99; 8:45 am] this work will be performed with all due (312) 353–8328, before visiting the BILLING CODE 4910±15±M speed in order to return the bridge to Region 5 office.) normal operation as soon as possible. FOR FURTHER INFORMATION CONTACT: This deviation from the operating Christos Panos, Regulation Development DEPARTMENT OF TRANSPORTATION regulations is authorized under 33 CFR Section, Air Programs Branch (AR–18J), 117.35. Air and Radiation Division, United Coast Guard Dated: July 23, 1999. States Environmental Protection 33 CFR Part 117 R. M. Larrabee, Agency, Region 5, 77 West Jackson Rear Admiral, U.S. Coast Guard Commander, Boulevard, Chicago, Illinois 60604, [CGD01±99±125] (312) 353–8328. First Coast Guard District. SUPPLEMENTARY INFORMATION: [FR Doc. 99–20958 Filed 8–12–99; 8:45 am] Drawbridge Operation Regulations: We have organized this Thames River, CT BILLING CODE 4910±15±M Supplementary Information section as AGENCY: Coast Guard, DOT. follows: ACTION: Notice of temporary deviation ENVIRONMENTAL PROTECTION A. What Action Is EPA Taking Today? from regulations. B. Why Was this SIP Revision Needed? AGENCY C. Why Can We Approve this Request? SUMMARY: The Commander, First Coast D. What Is the Background for this 40 CFR Part 52 Guard District, has issued a temporary Rulemaking? deviation from the drawbridge operation [MN44±02±7269a; FRL±6414±9] A. What Action Is EPA Taking Today? regulations governing the operation of the Amtrak Bridge, mile 3.0, across the Approval and Promulgation of We are approving MPCA’s July 22, Thames River in New London, Implementation Plans; Minnesota 1998 request for a revision to the Connecticut. This deviation from the Minnesota PM SIP. Specifically, we are AGENCY: Environmental Protection approving the following: (A) the Title I regulations allows the bridge owner to Agency (EPA). require a two-hour advance notice for (non-expiring) conditions of Minnesota ACTION: Direct final rule. opening, Sunday through Thursday, 10 Air Emission Permit No. 12300353–001, p.m. to 5 a.m., August 2, 1999, through SUMMARY: We are approving a issued to Lafarge Corporation—Red September 30, 1999. This action is supplemental revision to the Minnesota Rock Terminal on April 14, 1998; (B) a necessary to facilitate electrical State Implementation Plan (SIP) for the modeled attainment demonstration for modifications at the bridge. Saint Paul particulate matter (PM) the Red Rock Road PM nonattainment area in Ramsey County, Minnesota; and DATES: This deviation is effective from nonattainment area, located in Ramsey August 2, 1999, through September 30, County, Minnesota. The Minnesota (C) a request that we withdraw from the SIP the February 2, 1996 Administrative 1999. Pollution Control Agency (MPCA) Order for Lafarge’s Red Rock Road submitted the supplemental SIP for the FOR FURTHER INFORMATION CONTACT: Joe facility. Schmied, Project Officer, First Coast purpose of maintaining the attainment Guard District, at (212) 668–7165. of the PM National Ambient Air Quality B. Why Was This SIP Revision Needed? SUPPLEMENTARY INFORMATION: The Standards (NAAQS) and is in response In response to monitored exceedances Amtrak Bridge, mile 3.0, across the to our July 22, 1997 conditional of the 24-hour PM NAAQS between Thames River in New London, approval (62 FR 39120), of the State’s 1992 and 1995, on February 9, 1996 the Connecticut, has a vertical clearance of February 9, 1996 SIP revision for Red State submitted a SIP revision with 30 feet at mean high water, and 33 feet Rock Road. We are also taking action to emission limits and/or control measures at mean low water in the closed revoke the Administrative Order for the for certain facilities located in the Red position. The bridge owner, National Lafarge Corporation that we had Rock Road area in order to bring the Railroad Passenger Corporation approved into the SIP in our July 22, area into modeled attainment. Two of (Amtrak), requested a temporary 1997 conditional approval. We are these facilities were required to commit deviation from the operating regulations providing the rationale for the approval to control measures to reduce their PM to facilitate electrical modifications at and other information in this notice. emissions and the third facility was the bridge. This deviation to the DATES: This action is effective on required to either quantify their PM operating regulations allows the bridge October 12, 1999 without further notice, emissions to show that they can meet owner to require a two-hour advance unless EPA receives relevant adverse the NAAQS, or commit to control notice for bridge openings for the comments by September 13, 1999. If measures to reduce their PM emissions. Amtrak Bridge, mile 3.0, across the adverse comments are received, EPA The MPCA put these requirements into Thames River in New London, will publish a timely withdrawal of the Administrative Orders (dated February Connecticut. This deviation will be in direct final rule in the Federal Register 2, 1996) for St. Paul Terminals, Inc., effect from Sunday through Thursday, informing the public that the rule will AMG Resources Corporation and 10 p.m. to 5 a.m., August 2, 1999, not take effect. Lafarge Corporation. through September 30, 1999. Requests ADDRESSES: Written comments may be We agreed that the February 9, 1996 for bridge openings can be made by mailed to: Carlton Nash, Chief, submittal would more than satisfy the calling (860) 395–2355 or on marine Regulation Development Section, Air nonattainment area requirements. radio channel 13 VHF/FM. Mariners Programs Branch (AR–18J), United However, the attainment demonstration requiring an emergency opening are States Environmental Protection submitted with the Red Rock Road SIP advised to call Amtrak’s Chief Agency, 77 West Jackson Boulevard, revision was not fully approvable Dispatcher at (617) 345–7569. Vessels Chicago, Illinois 60604. Copies of the because specific emission limits for
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Lafarge Corporation were not known of the prior plan, and not to any establishing a precedent for any future due to the installation of new control deficiencies in the prior plan. Based implementation plan. Each request for equipment at the facility. Given this, upon analysis of the monitoring revision to the state implementation and the State’s need to further analyze conditions, it was determined that three plan shall be considered separately in other sources outside of the 2 kilometer companies located in the Red Rock light of specific technical, economic, area but within 4 kilometers from the Road area were significant contributors and environmental factors and in ambient monitor, we approved the SIP to the most recent monitored relation to relevant statutory and submittal on July 22, 1997 at 62 FR exceedances. On February 9, 1996 the regulatory requirements. 39120, conditioned upon the receipt of State submitted a SIP revision with an approvable attainment demonstration emission limits and/or control measures Administrative Requirements and revised administrative orders for these facilities in order to bring the A. Executive Order (E.O.) 12866 incorporating the required information area into modeled attainment. Two of The Office of Management and Budget and changes. We also stated that an these facilities were required to commit (OMB) has exempted this regulatory additional modeling analysis would to control measures to reduce their PM action from E.O. 12866, entitled need to be submitted by the State. emissions and the third facility was ‘‘Regulatory Planning and Review.’’ Additional information regarding the required to either quantify their PM details of our conditional approval is emissions to show that they can meet B. Executive Order 12875 available in the July 22, 1997 Federal the NAAQS, or commit to control Under E.O. 12875, EPA may not issue Register document and our June 6, 1997 measures to reduce their PM emissions. a regulation that is not required by Technical Support Document (TSD). The MPCA put these requirements into statute and that creates a mandate upon Administrative Orders (dated February C. Why Can We Approve This Request? a state, local, or tribal government, 2, 1996) for St. Paul Terminals, Inc., unless the Federal government provides We are approving the current SIP AMG Resources Corporation and the funds necessary to pay the direct submittal as a Direct Final Federal Lafarge Corporation. Register document because the State has compliance costs incurred by those met the conditions set forth in our July EPA Action governments, or EPA consults with 22, 1997 conditional approval of a In this rulemaking action, EPA those governments. If EPA complies by February 9, 1996 SIP revision for approves the Title I (non-expiring) consulting, E.O. 12875 requires EPA to Ramsey County, Minnesota. As detailed conditions of Minnesota Air Emission provide to the Office of Management in our May 26, 1999 TSD, the Permit No. 12300353–001, issued to and Budget a description of the extent attainment demonstration for the Red Lafarge Corporation—Red Rock of EPA’s prior consultation with Rock Road portion of the Ramsey Terminal on April 14, 1998 and the representatives of affected state, local, County PM nonattainment area is now modeled attainment demonstration for and tribal governments, the nature of fully approvable. In addition, we are the Red Rock Road PM nonattainment their concerns, copies of any written withdrawing, at the State’s request, the area in Ramsey County, Minnesota. In communications from the governments, Administrative Order issued to Lafarge addition, EPA withdraws from the SIP and a statement supporting the need to Corporation on February 2, 1996 from the February 2, 1996 Administrative issue the regulation. In addition, E.O. the SIP and are replacing it with the Order for Lafarge’s Red Rock Road 12875 requires EPA to develop an Title I SIP requirements found in the facility. The EPA is publishing this effective process permitting elected April 14, 1998 operating permit issued action without prior proposal because officials and other representatives of to Lafarge Corporation. the Agency views this as a state, local, and tribal governments ‘‘to noncontroversial amendment and provide meaningful and timely input in D. What Is the Background for This anticipates no adverse comments. the development of regulatory proposals Rulemaking? However, in the proposed rules section containing significant unfunded A portion of the St. Paul area was of this Federal Register publication, the mandates.’’ designated nonattainment for PM upon EPA is publishing a separate document Today’s rule does not create a enactment of the Clean Air Act that will serve as the proposal to mandate on State, local or tribal Amendments of 1990. The State approve the State Plan should relevant governments. The rule does not impose submitted SIP revisions intended to adverse comments be filed. This rule any enforceable duties on these entities. satisfy the PM attainment demonstration will be effective October 12, 1999 Accordingly, the requirements of requirements of the Act in 1991, 1992, without further notice unless relevant section 1(a) of E.O. 12875 do not apply and 1993. The enforceable element of adverse comments are received by to this rule. the State’s submittals were September 13, 1999. If EPA receives C. Executive Order 13045 administrative orders for nine facilities such comments, this action will be in the St. Paul area. The EPA took final withdrawn before the effective date by Protection of Children from action on February 15, 1994 at 59 FR publishing a subsequent document that Environmental Health Risks and Safety 7218, to approve Minnesota’s submittals will withdraw the final action. All Risks (62 FR 19885, April 23, 1997), as satisfying the applicable public comments received will then be applies to any rule that: (1) is requirements for the St. Paul PM addressed in a subsequent final rule determined to be ‘‘economically nonattainment area. based on the proposed action. The EPA significant’’ as defined under E.O. However, an ambient monitor located will not institute a second comment 12866, and (2) concerns an on Red Rock Road monitored five period. Any parties interested in environmental health or safety risk that exceedances of the 24-hour PM NAAQS commenting on this action should do so EPA has reason to believe may have a between 1992 and 1995. The State at this time. If no such comments are disproportionate effect on children. If determined that the exceedances were received, the public is advised that this the regulatory action meets both criteria, attributable to shifts and increases in action will be effective October 12, the Agency must evaluate the local source activity (such as traffic 1999. environmental health or safety effects of newly occurring on unpaved surfaces) Nothing in this action should be the planned rule on children, and which had occurred since development construed as permitting or allowing or explain why the planned regulation is
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Filing a health or safety risks. flexibility analysis would constitute petition for reconsideration by the Federal inquiry into the economic D. Executive Order 13084 Administrator of this final rule does not reasonableness of State action. The Act affect the finality of this rule for Under E.O. 13084, EPA may not issue forbids the EPA from basing its actions purposes of judicial review nor does it a regulation that is not required by concerning SIPs on such grounds. extend the time within which a petition statute, that significantly affects or Union Electric Co. v. U.S. E.P.A., 427 uniquely affects the communities of U.S. 246, 256–66 (S.Ct. 1976); 42 U.S.C. for judicial review may be filed, and Indian tribal governments, and that section 7410(a)(2). shall not postpone the effectiveness of imposes substantial direct compliance such rule or action. This action may not costs on those communities, unless the F. Unfunded Mandates be challenged later in proceedings to Federal government provides the funds Under section 202 of the Unfunded enforce its requirements (see section necessary to pay the direct compliance Mandates Reform Act of 1995 307(b)(2)). costs incurred by the tribal (Unfunded Mandates Act), signed into List of Subjects in 40 CFR Part 52 governments, or EPA consults with law on March 22, 1995, EPA must those governments. If EPA complies by prepare a budgetary impact statement to Environmental protection, Air consulting, E.O. 13084 requires EPA to accompany any proposed or final rule pollution control, Incorporation by provide to the Office of Management that includes a Federal mandate that reference, Intergovernmental relations, and Budget, in a separately identified may result in estimated costs to State, Particulate matter, Reporting and section of the preamble to the rule, a local, or tribal governments in the recordkeeping requirements. description of the extent of EPA’s prior aggregate; or to private sector, of $100 Dated: July 22, 1999. consultation with representatives of million or more. Under section 205, Jerri-Anne Garl, affected tribal governments, a summary EPA must select the most cost-effective Acting Regional Administrator, Region 5. of the nature of their concerns, and a and least burdensome alternative that Title 40 of the Code of Federal statement supporting the need to issue achieves the objectives of the rule and Regulations, chapter I, part 52, is the regulation. In addition, E.O. 13084 is consistent with statutory amended as follows: requires EPA to develop an effective requirements. Section 203 requires EPA process permitting elected officials and to establish a plan for informing and PART 52ÐAPPROVAL AND other representatives of Indian tribal advising any small governments that PROMULGATION OF governments ‘‘to provide meaningful may be significantly or uniquely IMPLEMENTATION PLANS and timely input in the development of impacted by the rule. regulatory policies on matters that The EPA has determined that the 1. The authority citation for part 52 significantly or uniquely affect their approval action promulgated does not continues to read as follows: communities.’’ include a Federal mandate that may Authority: 42 U.S.C. 7401–7671q. Today’s rule does not significantly or result in estimated costs of $100 million uniquely affect the communities of or more to either State, local, or tribal 2. Section 52.1220 is amended by Indian tribal governments. This action governments in the aggregate, or to the adding paragraph (c)(50) to read as does not involve or impose any private sector. This Federal action follows: requirements that affect Indian Tribes. approves pre-existing requirements § 52.1220 Identification of plan. Accordingly, the requirements of under State or local law, and imposes section 3(b) of E.O. 13084 do not apply no new requirements. Accordingly, no * * * * * to this rule. additional costs to State, local, or tribal (c) * * * governments, or to the private sector, (50) On July 22, 1998 the State of E. Regulatory Flexibility Act result from this action. Minnesota submitted a supplemental The Regulatory Flexibility Act, 5 SIP revision for the control of U.S.C. 600 et seq., generally requires an G. Submission to Congress and the particulate matter emissions from agency to conduct a regulatory Comptroller General certain sources located along Red Rock flexibility analysis of any rule subject to The Congressional Review Act, 5 Road, within the boundaries of Ramsey notice and comment rulemaking U.S.C. 801 et seq., as added by the Small County. This supplemental SIP revision requirements unless the agency certifies Business Regulatory Enforcement is in response to EPA’s July 22, 1997 that the rule will not have a significant Fairness Act of 1996, generally provides conditional approval (62 FR 39120), of economic impact on a substantial that before a rule may take effect, the a February 9, 1996 SIP revision for Red number of small entities. Small entities agency promulgating the rule must Rock Road. In addition, the previously include small businesses, small not-for- submit a rule report, which includes a approved administrative order for profit enterprises, and small copy of the rule, to each House of the Lafarge Corporation (dated February 2, governmental jurisdictions. This final Congress and to the U.S. Senate, the 1996) is revoked. rule will not have a significant impact U.S. House of Representatives, and the (i) Incorporation by reference. on a substantial number of small entities Comptroller General of the United (A) Air Emission Permit No. because SIP approvals under section States prior to publication of the rule in 12300353–001, issued by the MPCA to 110 and subchapter I, part D of the Act the Federal Register. A major rule Lafarge Corporation—Red Rock do not create any new requirements, but cannot take effect until 60 days after it Terminal on April 14, 1998, Title I simply approve requirements that the is published in the Federal Register. conditions only. State is already imposing. Therefore, This rule is not a ‘‘major’’ rule as (B) Revocation of Findings and Order, because the Federal SIP approval does defined by 5 U.S.C. 804(2). dated and effective July 21, 1998, to
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Findings and Order issued to Lafarge ADDRESSES: Copies of the revised rules interpretation of these requirements as Corporation on February 2, 1996. and EPA’s evaluation report for each expressed in the various EPA policy (ii) Additional material. rule are available for public inspection guidance documents referenced in the (A) Letter submitting vendor at EPA’s Region IX office during normal NPRM(s) cited above. EPA has found certifications of performance for the business hours. Copies of the submitted that the rules meet the applicable EPA pollution control equipment at Lafarge revised rules are available for inspection requirements. A detailed discussion of Corporation’s facility on Red Rock Road at the following locations: the rule provisions and evaluations has in St. Paul, Minnesota, dated May 4, Rulemaking Office (AIR–4), Air been provided in 64 FR 23774 and in 1998, from Arthur C. Granfield, Division, U.S. Environmental technical support documents (TSDs) Regional Environmental Manager for Protection Agency, Region IX, 75 available at EPA’s Region IX office Lafarge Corporation, to Michael J. Hawthorne Street, San Francisco, CA (TSDs dated July 1998, SCAQMD’s Sandusky, MPCA Air Quality Division 94105 Rules 1171 and 1151). Manager. Environmental Protection Agency, Air III. Response to Public Comments (B) Letter submitting operating ranges Docket (6102), 401 ‘‘M’’ Street, SW, A 30-day public comment period was for the pollution control equipment at Washington, DC 20460 Lafarge Corporation’s facility on Red California Air Resources Board, provided in 64 FR 23774. EPA received a comment from EPI Research (EPIR) Rock Road in St. Paul, Minnesota, dated Stationary Source Division, Rule regarding Rule 1171. EPIR commented July 13, 1998, from Arthur C. Granfield, Evaluation Section, 2020 ‘‘L’’ Street, that they did not have accurate Regional Environmental Manager for Sacramento, CA 95812 information from SCAQMD during the Lafarge Corporation, to Michael J. South Coast Air Quality Management rule making process and that lowered Sandusky, MPCA Air Quality Division District, 21865 Copley Drive, VOC and/or vapor pressure limits of Manager. Diamond Bar, CA 91765 cleaning solvents would be difficult, if [FR Doc. 99–20547 Filed 8–12–99; 8:45 am] FOR FURTHER INFORMATION CONTACT: not impossible to meet, or were not BILLING CODE 6560±50±P Andrew Steckel, Rulemaking Office, commercially available. For this reason (AIR–4), Air Division, U.S. EPIR requested that EPA withhold Environmental Protection Agency, approval of SCAQMD’s Rule 1171 into ENVIRONMENTAL PROTECTION Region IX, 75 Hawthorne Street, San the California SIP. EPA has evaluated AGENCY Francisco, CA 94105, Telephone: (415) the information submitted by California 744–1185. regarding Rule 1171 and determined 40 CFR Part 52 SUPPLEMENTARY INFORMATION: that it fulfills the procedural [CA 207±156; FRL±6409±4] I. Applicability requirements of 40 CFR 51, Appendix V, including the requirements of 2.1(f) Approval and Promulgation of The rules being approved into the public notice, (g) public hearing, and (h) Implementation Plans; California State California SIP include: SCAQMD Rules compilation of public comments and Implementation Plan Revision, South 1151—Motor Vehicle and Mobile responses. Furthermore, under CAA Coast Air Quality Management District Equipment Non-Assembly Line Coating section 110(a)(2), EPA may not consider Operations, and Rule 1171—Solvent the economic or technological feasibility AGENCY: Environmental Protection Cleaning Operations. These rules were of the provisions of the SCAQMD rule Agency (EPA). submitted by the California Air in approval of the SIP revision. Union ACTION: Final rule. Resources Board (CARB) to EPA on Electric v. EPA, 427 U.S. 246, 265–266 March 10, 1998. (1976). As noted by the Supreme Court, SUMMARY: EPA is finalizing the approval II. Background it is the province of the State or local of revisions to the California State authorities to determine whether or not Implementation Plan (SIP) proposed in On May 4, 1999 in 64 FR 23813, EPA to impose more stringent limits that may the Federal Register on May 4, 1999. proposed to approve the following rules require technology forcing. EPA must The revisions concern rules from the into the California SIP: SCAQMD’s Rule assess the SIP revision on the basis of South Coast Air Quality Management 1151—Motor Vehicle and Mobile factors set forth in CAA section District (SCAQMD). This approval Equipment Non-Assembly Line Coating 110(a)(2) which include reasonable action will incorporate these rules into Operations and SCAQMD’s Rule 1171— notice and public hearings in the the federally approved SIP. The Solvent Cleaning Operations. Rule 1151 adoption process, but does not provide intended effect of approving these rules and 1171 were amended by SCAQMD for the disapproval of a rule in a SIP is to regulate emissions of volatile on June 13, 1997. Both rules were based upon economic or technological organic compounds (VOCs) in submitted by CARB to EPA on March infeasibility. For these reasons the accordance with the requirements of the 10, 1998. These rules were submitted in comments submitted do not affect the Clean Air Act, as amended in 1990 response to EPA’s 1988 SIP-Call and the incorporation of SCAQMD’s Rule 1171 (CAA or the Act). The revised rules CAA section 182(a)(2)(A) requirement into the California SIP. control VOC emissions from solvent that nonattainment areas fix their cleaning and motor vehicle refinish reasonably available control technology IV. EPA Action coating operations. Thus, EPA is (RACT) rules for ozone in accordance EPA is finalizing action to approve finalizing the approval of these with EPA guidance that interpreted the the above rules for inclusion into the revisions into the California SIP under requirements of the pre-amendment Act. California SIP. EPA is approving the provisions of the CAA regarding EPA A detailed discussion of the background submittal under section 110(k)(3) as action on SIP submittals, SIPs for for each of the above rules and meeting the requirements of section national primary and secondary ambient nonattainment areas is provided in the 110(a) and Part D of the CAA. This air quality standards and plan NPRM cited above. approval action will incorporate these requirements for nonattainment areas. EPA has evaluated the above rules for rules into the federally approved SIP. EFFECTIVE DATE: This action is effective consistency with the requirements of The intended effect of approving these on September 13, 1999. the CAA and EPA regulations and EPA rules is to regulate emissions of VOCs in
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This Federal action 1. The authority citation for part 52 13045, entitled ‘‘Protection of Children approves pre-existing requirements continues to read as follows: from Environmental Health Risks and under State or local law, and imposes Safety Risks,’’ because it is not an Authority: 42 U.S.C. 7401 et seq. no new Federal requirements. ‘‘economically significant’’ action under Accordingly, no additional costs to Subpart FÐCalifornia E.O. 12866. State, local, or tribal governments, or to B. Regulatory Flexibility Act the private sector, result from this 2. Section 52.220 is amended by action. adding paragraph (c) (254)(i)(D)(2) to Under the Regulatory Flexibility Act, read as follows: 5 U.S.C. 600 et seq., EPA must prepare D. Submission to Congress and the a regulatory flexibility analysis General Accounting Office § 52.220 Identification of plan. assessing the impact of any proposed or The Congressional Review Act, 5 * * * * * final rule on small entities. 5 U.S.C. 603 U.S.C. 801 et seq., as added by the Small (c) * * * and 604. Alternatively, EPA may certify Business Regulatory Enforcement (254) * * * that the rule will not have a significant Fairness Act of 1996, generally provides (i) * * * impact on a substantial number of small that before a rule may take effect, the (D) * * * entities. Small entities include small agency promulgating the rule must (2) Rule 1151, adopted on July 8, 1988 businesses, small not-for-profit submit a rule report, which includes a and amended on June 13, 1997, and enterprises, and government entities copy of the rule, to each House of the Rule 1171, adopted on August 2, 1991 with jurisdiction over populations of Congress and to the Comptroller General and amended on June 13, 1997. less than 50,000. of the United States. EPA will submit a * * * * * SIP approvals under section 110 and report containing this rule and other [FR Doc. 99–21011 Filed 8–12–99; 8:45 am] subchapter I, part D of the Clean Air Act required information to the U.S. Senate, BILLING CODE 6560±50±P do not create any new requirements but the U.S. House of Representatives, and simply approve requirements that the the Comptroller General of the United State is already imposing. Therefore, States prior to publication of the rule in ENVIRONMENTAL PROTECTION because the Federal SIP approval does the Federal Register. This rule is not a AGENCY not impose any new requirements, the ‘‘major’’ rule as defined by 5 U.S.C. Administrator certifies that it does not 804(2). 40 CFR Part 300 have a significant impact on any small entities affected. Moreover, due to the E. Petitions for Judicial Review [FRL±6417±8] nature of the Federal-State relationship Under section 307(b)(1) of the Clean National Oil and Hazardous under the CAA, preparation of a Air Act, petitions for judicial review of Substances Pollution Contingency flexibility analysis would constitute this action must be filed in the United Plan; National Priorities List Federal inquiry into the economic States Court of Appeals for the reasonableness of state action. The appropriate circuit by October 12, 1999. AGENCY: Environmental Protection Clean Air Act forbids EPA to base its Filing a petition for reconsideration by Agency. actions concerning SIPs on such the Administrator of this final rule does ACTION: Notice of deletion of the Davis grounds. Union Electric Co. v. U.S. EPA, not affect the finality of this rule for the Glocester-Smithfield Regional (GSR) 427 U.S. 246, 255–66 (1976); 42 U.S.C. purposes of judicial review nor does it Landfill site from the National Priorities 7410(a)(2). extend the time within which a petition List. C. Unfunded Mandates for judicial review may be filed, and shall not postpone the effectiveness of SUMMARY: The Environmental Protection Under section 202 of the Unfunded such rule or action. This action may not Agency (EPA) Region I announces the Mandates Reform Act of 1995 be challenged later in proceedings to deletion of the Davis GSR Landfill site (‘‘Unfunded Mandates Act’’), signed enforce its requirements. (See section from the National Priorities List (NPL). into law on March 22, 1995, EPA must 307(b)(2).) The NPL constitutes appendix B of 40 prepare a budgetary impact statement to CFR part 300 which is the National Oil accompany any proposed or final rule List of Subjects in 40 CFR Part 52 and Hazardous Substances Pollution that includes a Federal mandate that Environmental protection, Air Contingency Plan (NCP), which EPA may result in estimated costs to State, pollution control, Hydrocarbons, promulgated pursuant to section 105 of local, or tribal governments in the Incorporation by reference, the Comprehensive Environmental aggregate; or to private sector, of $100 Intergovernmental relations, Ozone, Response, Compensation, and Liability million or more. Under section 205, Reporting and recordkeeping Act (CERCLA) of 1980, as amended. EPA must select the most cost-effective requirements, Volatile organic EPA and the State of Rhode Island have and least burdensome alternative that compounds. determined that the Site poses no achieves the objectives of the rule and Note: Incorporation by reference of the significant threat to public health or the is consistent with statutory State Implementation Plan for the State of environment and, therefore, no further requirements. Section 203 requires EPA California was approved by the Director of remedial measures pursuant to CERCLA to establish a plan for informing and the Federal Register on July 1, 1982. are appropriate.
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EFFECTIVE DATE: August 13, 1999. 1440) and at E. Smithfield Public Reporting and recordkeeping FOR FURTHER INFORMATION CONTACT: Library, 50 Esmond Street, N. requirements, Superfund, Water Anna Krasko, Remedial Project Smithfield, RI (phone 401–231–5150). pollution control, Water supply. Manager, U.S. EPA Region I, 1 Congress EPA identifies sites that appear to For the reasons set out in the Street, Suite 1100 (HBO), Boston, MA present a significant risk to public preamble, 40 CFR part 300 is amended 02114–2023, (617) 918–1232 or health, welfare, or the environment and as follows: Matthew DeStefano, Project Manager, it maintains the NPL as the list of those Rhode Island Department of sites. Sites on the NPL may be the PART 300Ð[AMENDED] Environmental Management, 235 subject of the Hazardous Response Trust Promenade Street, Providence, RI Fund (Fund-) financed remedial actions. 1. The authority citation for part 300 02908–5767, (401) 222–2797. Any site deleted from the NPL remains continues to read as follows: SUPPLEMENTARY INFORMATION: The site to eligible for Fund-Financed remedial Authority: 33 U.S.C. 1321(c)(2); 42 U.S.C. be deleted from the NPL is: Davis actions in the unlikely event that 9601–9657; E.O. 12777, 56 FR 54757, 3 CFR, Glocester-Smithfield Regional (GSR) conditions at the site warrant such 1991 Comp., p. 351; E.O. 12580, 52 FR 2923; Landfill site, Glocester/Smithfield, action. 40 CFR 300.425(e)(3) of the NCP 3 CFR, 1987 Comp., p. 193. Rhode Island. states that Fund-Financed actions may A Notice of Intent to delete for this be taken at sites deleted from the NPL. Appendix B—[Amended] site was published on June 17, 1999 (64 Deletion of a site from the NPL does not 2. Table 1 of Appendix B to part 300 FR 32466). The closing date for affect responsible party liability or is amended by removing the site ‘‘Davis comments on the Notice of Intent to impede agency efforts to recover costs (GSR) Landfill, Glocester, Rhode Delete was July 19, 1999. EPA received associated with response efforts. Island.’’ comments from Town of Glocester List of Subjects in 40 CFR Part 300 Town Council, response to which is Dated: July 23, 1999. provided in a Responsiveness Summary Environmental protection, Air John P. DeVillars, included in a public docket which is pollution control, Chemicals, Hazardous Regional Administrator, Region I. located at EPA’s Region 1 Records substances, Hazardous waste, [FR Doc. 99–20706 Filed 8–12–99; 8:45 am] Center in Boston, MA (phone 617–918– Intergovernmental relations, Penalties, BILLING CODE 6560±50±P
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Proposed Rules Federal Register Vol. 64, No. 156
Friday, August 13, 1999
This section of the FEDERAL REGISTER • Risk-significant SSCs not covered Agenda: Preliminary agenda is as contains notices to the public of the proposed by regulation follows (a final agenda will be available issuance of rules and regulations. The 2. Are the problems with the at the workshop): purpose of these notices is to give interested regulations themselves or with their 7:45 am to 8:00 am Introduction, persons an opportunity to participate in the implementation (e.g., regulatory guides, opening remarks rule making prior to the adoption of the final 8:00 am to 9:15 am NRC Presentation rules. standard review plans, branch technical positions)? on Risk-Informed Part 50 Study: 3. Are any of the regulations —Purpose inconsistent or contradictory with other —Approach NUCLEAR REGULATORY —Status of Activities COMMISSION regulations? If so, where and which —Plans ones? 9:15 am to 9:30 am BREAK 10 CFR Part 50 4. Is the current set of design basis 9:30 am to 11:30 am Industry accidents appropriate, are any Domestic Licensing of Production Presentations modifications needed? If so, what are 11:30 am to 12:45 pm LUNCH Utilization Facilities; Risk-Informed the needed modifications? 12:45 pm to 2:15 pm General Revisions, Option 3 (SECY±98±300) 5. Are the principles stated in RG Discussion of Issues/Topics AGENCY: Nuclear Regulatory 1.174 appropriate in developing risk- 2:15 pm to 2:30 pm BREAK Commission. informed revisions to Part 50? 2:30 pm to 4:15 pm General Discussion of Issues/Topics ACTION: Notice of public workshop. 6. What level of risk should be the basis for risk-informed regulatory 4:15 pm to 4:45 pm Wrapup SUMMARY: The Nuclear Regulatory change? Location: Doubletree Hotel, 1750 Rockville Pike Rockville Maryland Commission has instructed the staff to 7. What should be the risk metrics pursue a study to explore changes to the 20852 (301) 468–1100 and criteria? Registration: No registration fee for body of the part 50 regulations, to Reference material (available for incorporate risk-informed attributes workshop; however, notification of inspection and copying for a fee at the attendance is requested so that adequate which is Option 3 in Secy–98–300. This NRC Public Document Room, 2120 L study will result in recommendations to space, etc. for the workshop can be Street NW (Lower Level), Washington arranged. Notification of attendance the Commission on any specific DC 20555–0001; a free single copy of regulatory changes that should be should be directed to Mary Drouin, each document, to the extent of supply, Office of Nuclear Regulatory Research, pursued, and the corresponding may be requested by writing to schedules and resource needs. The staff MS: T10–E50, U.S. Nuclear Regulatory Distribution Series, Printing and Mail Commission, Washington DC, 20555– intends to conduct a workshop to solicit Services, Branch, Office of information related to these changes. 0001, (301) 415–6675, email: Administration, U.S. Nuclear Regulatory [email protected] DATES: The workshop will be held on Commission, Washington DC 20555– September 15, 1999. 0001) includes: Dated this 3rd day of August 1999. For the Nuclear Regulatory Commission. ADDRESSES: The workshop will be held • SECY–98–300, ‘‘Options for Risk- at the Doubletree Hotel, 1750 Rockville, Informed Revisions to 10 CFR part 50— Thomas L. King, Pike, Rockville, Maryland 20852. ‘‘Domestic Licensing of Production and Division of Risk Analysis and Applications, Telephone No. 301–468–1100. Utilization Facilities,’’ December 23, Office of Nuclear Regulatory Research. [FR Doc. 99–21052 Filed 8–12–99; 8:45 am] FOR FURTHER INFORMATION CONTACT: 1998. Mary Drouin, Office of Nuclear • ‘‘Staff Requirements—SECY–98– BILLING CODE 7590±01±P Regulatory Research, MS: T10–E50, U.S. 300-Options for Risk-Informed Nuclear Regulatory Commission, Revisions to 10 CFR part 50—‘Domestic Washington DC 20555–0001, (301) 415– Licensing of Production and Utilization DEPARTMENT OF TRANSPORTATION 6675 email: [email protected]. Facilities’,’’ June 8, 1999. • RG 1.174 Federal Aviation Administration SUPPLEMENTARY INFORMATION: Listed • 10 CFR part 50 below are example topics on which 14 CFR Part 39 Workshop Meeting Information: discussion and feedback are sought from [Docket No. 99±CE±54±AD] the public at the workshop: The Commission intends to conduct a 1. Which regulations of 10 CFR Part workshop to solicit information related RIN 2120±AA64 50 are candidates for risk-informed to the risk-informed revisions to 10 CFR revisions; what are the bases for part 50 (Option 3). Persons other than Airworthiness Directives; Pilatus choosing these candidates; and what are NRC staff and NRC contractors Aircraft Ltd. Models PC±12 and PC±12/ the proposed changes to these candidate interested in making a presentation at 45 Airplanes the workshop should notify Mary regulations? AGENCY: Federal Aviation Drouin, Office of Nuclear Regulatory For example: Administration, DOT. • Requirements result in unnecessary Research, MS: T10-E50, U.S. Nuclear Regulatory Commission, Washington ACTION: Notice of proposed rulemaking regulatory burden (NPRM). • Additional requirements needed DC, 20555–0001, (301) 415–6675, email: • Requirements not commensurate [email protected] SUMMARY: This document proposes to with safety significance Date: September 15, 1999 adopt a new airworthiness directive
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(AD) that would apply to certain Pilatus and after the closing date for comments, FAA informed of the situation described Aircraft Ltd. (Pilatus) Models PC–12 and in the Rules Docket for examination by above. PC–12/45 airplanes. The proposed AD interested persons. A report that The FAA has examined the findings would require modifying the flap summarizes each FAA-public contact of the FOCA of Switzerland; reviewed inboard attachment fittings through the concerned with the substance of this all available information, including the installation of a reinforcement angle proposal will be filed in the Rules service information referenced above; bracket on the inside of the center web Docket. and determined that AD action is of both flap inner attachment fittings. Commenters wishing the FAA to necessary for products of this type The proposed AD is the result of acknowledge receipt of their comments design that are certificated for operation mandatory continuing airworthiness submitted in response to this notice in the United States. information (MCAI) issued by the must submit a self-addressed, stamped Explanation of the Provisions of the airworthiness authority for Switzerland. postcard on which the following Proposed AD The actions specified by the proposed statement is made: ‘‘Comments to AD are intended to prevent the potential Docket No. 99–CE–54–AD.’’ The Since an unsafe condition has been of the inboard flap attachment fittings postcard will be date stamped and identified that is likely to exist or buckling while operating at full flaps returned to the commenter. develop in other Pilatus PC–12 and PC– 12/45 airplanes of the same type design with full power into a head-on wind Availability of NPRMs gust, which could result in loss of registered in the United States, the FAA control of the airplane. Any person may obtain a copy of this is proposing AD action. The proposed AD would require modifying the flap DATES: Comments must be received on NPRM by submitting a request to the or before September 13, 1999. FAA, Central Region, Office of the inboard attachment fittings through the Regional Counsel, Attention: Rules installation of a reinforcement angle ADDRESSES: Submit comments in Docket No. 99–CE–54–AD, Room 1558, bracket on the inside of the center web triplicate to the Federal Aviation 601 E. 12th Street, Kansas City, Missouri of both flap inner attachment fittings. Administration (FAA), Central Region, 64106. Accomplishment of the proposed action Office of the Regional Counsel, would be required in accordance with Attention: Rules Docket No. 99–CE–54– Discussion Pilatus Service Bulletin No. 57–004, AD, Room 1558, 601 E. 12th Street, The Federal Office for Civil Aviation dated June 11, 1999. Kansas City, Missouri 64106. Comments (FOCA), which is the airworthiness Cost Impact may be inspected at this location authority for Switzerland, recently between 8 a.m. and 4 p.m., Monday notified the FAA that an unsafe The FAA estimates that 77 airplanes through Friday, holidays excepted. condition may exist on certain Pilatus in the U.S. registry would be affected by Service information that applies to the Models PC–12 and PC–12/45 airplanes. the proposed AD, that it would take proposed AD may be obtained from The FOCA of Switzerland reports that approximately 5 workhours per airplane Pilatus Aircraft Ltd., Customer Liaison static testing shows that insufficient to accomplish the proposed action, and Manager, CH–6371 Stans, Switzerland; safety margins could occur in certain that the average labor rate is telephone: +41 41 619 63 19; facsimile: situations. Operating the airplane at full approximately $60 an hour. Parts will +41 41 610 33 51. This information also flaps (at the maximum allowable aircraft be provided by the manufacturer at no may be examined at the Rules Docket at speed) with full power into a head-on cost to the owners/operators of the the address above. wind gust could result in the inboard affected airplanes. Based on these FOR FURTHER INFORMATION CONTACT: Mr. flap attachment fittings buckling. figures, the total cost impact of the Roman T. Gabrys, Aerospace Engineer, This condition, if not corrected, could proposed AD on U.S. operators is FAA, Small Airplane Directorate, 1201 result in loss of control of the airplane. estimated to be $23,100, or $300 per Walnut, suite 900, Kansas City, Missouri airplane. 64106; telephone: (816) 426–6932; Relevant Service Information facsimile: (816) 426–2169. Pilatus has issued Service Bulletin Regulatory Impact SUPPLEMENTARY INFORMATION: No. 57–004, dated June 11, 1999, which The regulations proposed herein specifies procedures for modifying the would not have substantial direct effects Comments Invited flap inboard attachment fittings through on the States, on the relationship Interested persons are invited to the installation of a reinforcement angle between the national government and participate in the making of the bracket on the inside of the center web the States, or on the distribution of proposed rule by submitting such of both flap inner attachment fittings. power and responsibilities among the written data, views, or arguments as The FOCA of Switzerland classified various levels of government. Therefore, they may desire. Communications this service bulletin as mandatory and in accordance with Executive Order should identify the Rules Docket issued Swiss AD HB 99–353, dated July 12612, it is determined that this number and be submitted in triplicate to 12, 1999, in order to assure the proposal would not have sufficient the address specified above. All continued airworthiness of these federalism implications to warrant the communications received on or before airplanes in Switzerland. preparation of a Federalism Assessment. the closing date for comments, specified For the reasons discussed above, I above, will be considered before taking The FAA’s Determination certify that this action (1) is not a action on the proposed rule. The This airplane model is manufactured ‘‘significant regulatory action’’ under proposals contained in this notice may in Switzerland and is type certificated Executive Order 12866; (2) is not a be changed in light of the comments for operation in the United States under ‘‘significant rule’’ under DOT received. the provisions of § 21.29 of the Federal Regulatory Policies and Procedures (44 Comments are specifically invited on Aviation Regulations (14 CFR 21.29) FR 11034, February 26, 1979); and (3) if the overall regulatory, economic, and the applicable bilateral promulgated, will not have a significant environmental, and energy aspects of airworthiness agreement. Pursuant to economic impact, positive or negative, the proposed rule. All comments this bilateral airworthiness agreement, on a substantial number of small entities submitted will be available, both before the FOCA of Switzerland has kept the under the criteria of the Regulatory
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Flexibility Act. A copy of the draft section of Pilatus Service Bulletin No. 57– controlled airspace extending upward regulatory evaluation prepared for this 004, dated June 11, 1999. from 700 feet or more above the surface action has been placed in the Rules (b) As of the effective date of this AD, no of the earth is needed to contain person may install on any of the affected Docket. A copy of it may be obtained by airplanes, flap inboard attachment fittings helicopters executing the Special Copter contacting the Rules Docket at the that do not have Modification Kit Number GPS 293 Point In Space approach to St. location provided under the caption 500.50.12.199 incorporated. Helena Fire Department Heliport. The ADDRESSES. (c) Special flight permits may be issued in intended effect of this proposal is to accordance with §§ 21.197 and 21.199 of the provide adequate controlled airspace for List of Subjects in 14 CFR Part 39 Federal Aviation Regulations (14 CFR 21.197 Instrument Flight Rules (IFR) operations Air transportation, Aircraft, Aviation and 21.199) to operate the airplane to a at St. Helena Fire Department Heliport, safety, Safety. location where the requirements of this AD St. Helena, CA. can be accomplished. The Proposed Amendment (d) An alternative method of compliance or DATES: Comments must be received on adjustment of the compliance times that or before September 16, 1999. Accordingly, pursuant to the provides an equivalent level of safety may be ADDRESSES: Send comments on the authority delegated to me by the approved by the Manager, Small Airplane proposal in triplicate to: Federal Administrator, the Federal Aviation Directorate, 1201 Walnut, suite 900, Kansas Aviation Administration, Attn: Administration proposes to amend part City, Missouri 64106. The request shall be Manager, Airspace Branch, AWP–520, 39 of the Federal Aviation Regulations forwarded through an appropriate FAA Docket No. 99–AWP–14, Air Traffic (14 CFR part 39) as follows: Maintenance Inspector, who may add comments and then send it to the Manager, Division, 15000 Aviation Boulevard, PART 39ÐAIRWORTHINESS Small Airplane Directorate. Lawndale, CA 90261. DIRECTIVES Note 2: Information concerning the The official docket may be examined existence of approved alternative methods of in the Office of the Regional Counsel, 1. The authority citation for part 39 compliance with this AD, if any, may be Western-Pacific Region, Federal continues to read as follows: obtained from the Small Airplane Aviation Administration, Room 6007, Directorate. Authority: 49 U.S.C. 106(g), 40113, 44701. 15000 Aviation Boulevard, Lawndale, (e) Questions or technical information CA 90261. § 39.13 [Amended] related to Pilatus Service Bulletin No: 57– An informal docket may also be 2. Section 39.13 is amended by 004, dated June 11, 1999, should be directed examined during normal business hours adding a new airworthiness directive to Pilatus Aircraft Ltd., Customer Liaison at the Office of the Manager, Airspace Manager, CH–6371 Stans, Switzerland; Branch, Air Traffic Division at the above (AD) to read as follows: telephone: +41 41 619 63 19; facsimile: +41 address. Pilatus Aircraft Ltd.: Docket No. 99–CE–54– 41 610 33 51. This service information may AD. be examined at the FAA, Central Region, FOR FURTHER INFORMATION CONTACT: Applicability: Models PC–12 and PC–12/45 Office of the Regional Counsel, Room 1558, Larry Tonish, Air Traffic Airspace airplanes, manufacturer serial number (MSN) 601 E. 12th Street, Kansas City, Missouri Specialist, Airspace Branch, AWP–520, 101 through MSN 300, certificated in any 64106. Air Traffic Division, Western-Pacific category. Note 3: The subject of this AD is addressed Region, Federal Aviation Note 1: This AD applies to each airplane in Swiss AD HB 99–353, dated July 12, 1999. Administration, 15000 Aviation identified in the preceding applicability Issued in Kansas City, Missouri, on August Boulevard, Lawndale, CA 90261, provision, regardless of whether it has been 6, 1999. telephone (310) 725–6539. modified, altered, or repaired in the area Michael Gallagher, SUPPLEMENTARY INFORMATION: subject to the requirements of this AD. For Manager, Small Airplane Directorate, Aircraft airplanes that have been modified, altered, or Certification Service. Comments Invited repaired so that the performance of the [FR Doc. 99–21017 Filed 8–12–99; 8:45 am] Interested parties are invited to requirements of this AD is affected, the owner/operator must request approval for an BILLING CODE 4910±13±P participate in this proposed rulemaking alternative method of compliance in by submitting such written data, views, accordance with paragraph (d) of this AD. or arguments as they may desire. The request should include an assessment of DEPARTMENT OF TRANSPORTATION Comments that provide the factual basis the effect of the modification, alteration, or supporting the views and suggestions repair on the unsafe condition addressed by Federal Aviation Administration presented are particularly helpful in this AD; and, if the unsafe condition has not 14 CFR Part 71 developing reasoned regulatory been eliminated, the request should include decisions on the proposal. Comments specific proposed actions to address it. [Airspace Docket No. 99±AWP±14] are specifically invited on the overall Compliance: Required as indicated in the regulatory, aeronautical, economic, body of this AD, unless already Proposed Establishment of Class E environmental, and energy-related accomplished. Airspace; St. Helena, CA To prevent the potential for the inboard aspects of the proposal. flap attachment fittings buckling while AGENCY: Federal Aviation Communications should identify the operating at full flaps with full power into a Administration (FAA), DOT. airspace docket number and be head-on wind gust, which could result in ACTION: Notice of proposed rulemaking. submitted in triplicate to the address loss of control of the airplane, accomplish the listed above. Commenters wishing the following: SUMMARY: This action proposes to FAA to acknowledge receipt of their (a) Within the next 100 hours time-in- establish a Class E airspace area at St. comments on this action must submit service (TIS) after the effective date of this Helena, CA. The establishment of a with the comments a self-addressed, AD, modify the flap inboard attachment Special Global Positioning System (GPS) stamped postcard on which the fittings by installing a reinforcement angle bracket on the inside of the center web of Standard Instrument Approach following statement is made: both flap inner attachment fittings Procedure (SIAP) Copter 293 Point In ‘‘Comments to Airspace Docket 99– (Modification Kit Number 500.50.12.199). Space approach serving St. Helena Fire AWP–14.’’ The postcard will be date/ Accomplish this modification in accordance Department Heliport has made this time stamped and returned to the with the Accomplishment Instructions proposal necessary. Additional commenter. All communications
VerDate 18-JUN-99 10:13 Aug 12, 1999 Jkt 183247 PO 00000 Frm 00003 Fmt 4702 Sfmt 4702 E:\FR\FM\A13AU2.101 pfrm04 PsN: 13AUP1 44140 Federal Register / Vol. 64, No. 156 / Friday, August 13, 1999 / Proposed Rules received on or before the specified Regulatory Policies and Procedures (44 DEPARTMENT OF TRANSPORTATION closing date for comments will be FR 11034; February 26, 1979); and (3) considered before taking action on the does not warrant preparation of a Federal Aviation Administration proposed rule. The proposal contained Regulatory Evaluation as the anticipated 14 CFR Part 71 in this notice may be changed in light impact is so minimal. Since this is a of comments received. All comments routine matter that will only affect air [Airspace Docket No. 99±AWP±15] submitted will be available for traffic procedures and air navigation, it examination in the Airspace Branch, Air is certified that this proposed rule Proposed Establishment of Class E Traffic Division, 15000 Aviation would not have a significant economic Airspace; Clearlake, CA Boulevard, Lawndale, CA 90261, both impact on a substantial number of small before and after the closing date for AGENCY: Federal Aviation entities under the criteria of the comments. A report summarizing each Administration (FAA), DOT. substantive public contact with FAA Regulatory Flexibility Act. ACTION: Notice of proposed rulemaking. personnel concerned with this List of Subjects in 14 CFR Part 71 SUMMARY: rulemaking will be filed in the docket. This action proposes to Airspace, Incorporation by reference, establish a Class E airspace area at Availability of NPRM Navigation (air). Clearlake, CA. The establishment of a Any person may obtain a copy of this Special Global Positioning System (GPS) Notice of Proposed Rulemaking (NPRM) The Proposed Amendment Standard Instrument Approach Procedure (SIAP) Copter 321 Point In by submitting a request to the Federal In consideration of the foregoing, the Aviation Administration, Airspace Space approach serving Redbud Federal Aviation Administration Branch, 15000 Aviation Boulevard, Community Hospital Heliport has made Lawndale, CA 90261. Communications proposes to amend 14 CFR part 71 as this proposal necessary. Additional must identify the docket number of this follows: controlled airspace extending upward from 700 feet or more above the surface NPRM. Persons interested in being PART 71ÐDESIGNATION OF CLASS A, placed on a mailing list for future of the earth is needed to contain CLASS B, CLASS C, CLASS D, AND NPRM’s should also request a copy of helicopters executing the Special Copter Advisory Circular No. 11–2A, which CLASS E AIRSPACE AREAS; GPS 321 Point In Space approach to describes the application procedures. AIRWAYS; ROUTES; AND REPORTING Redbud Community Hospital Heliport. POINTS The intended effect of this proposal is The Proposal to provide adequate controlled airspace The FAA is considering an 1. The authority citation for 14 CFR for Instrument Flight Rules (IFR) amendment to 14 CFR part 71 by part 71 continues to read as follows: operations at Redbud Community establishing a Class E airspace area at St. Authority: 49 U.S.C. 106(g), 40103, 40113, Hospital Heliport, Clearlake, CA. Helena, CA. The establishment of a 40120, E.O. 10854, 24 FR 9565, 3 CFR 1959– DATES: Comments must be received on Special Copter GPS 293 Point In Space 1963 Comp., p. 389. or before September 16, 1999. approach at St. Helena Fire Department ADDRESSES: Send comments on the Heliport has made this proposal § 71.1 [Amended] proposal in triplicate to: Federal necessary. Additional controlled 2. The incorporation by reference in Aviation Administration, Attn: airspace extending upward from 700 14 CFR 71.1 of the Federal Aviation Manager, Airspace Branch, AWP–520, feet above the surface is needed to Administration Order 7400.9F, Airspace Docket No. 99–AWP–15, Air Traffic contain helicopters executing the Division, 15000 Aviation Boulevard, Special Copter GPS 293 Point In Space Designations and Reporting Points, Lawndale, CA 90261. approach to the St. Helena Fire dated September 10, 1998, and effective The official docket may be examined Department Hospital Heliport. The September 16, 1998, is amended as in the Office of the Regional Counsel, intended effect of this proposal is to follows: Western-Pacific Region, Federal provide adequate controlled airspace for Aviation Administration, Room 6007, rotorcraft executing the Special Copter Paragraph 6005 Class E airspace areas extending upward from 700 feet or more 15000 Aviation Boulevard, Lawndale, GPS 293 Point In Space approach to the above the surface of the earth. CA 90261. St. Helena Fire Department Heliport, St. An informal docket may also be Helena, CA. Class E airspace * * * * * examined during normal business hours designations are published in paragraph AWP CA E5 ST Helena, CA [New] at the Office of the Manager, Airspace 6005 of FAA Order 7400.9F dated ST Helena Fire Department Heliport Branch, Air Traffic Division at the above September 10, 1998, and effective Point In Space Coordinates address. September 16, 1998, which is (Lat. 38°32′21′′N, long. 122°29′35′′W) incorporated by reference in 14 CFR FOR FURTHER INFORMATION CONTACT: 71.1. The Class E airspace designation That airspace extending upward from 700 Larry Tonish, Air Traffic Airspace listed in this document would be feet above the surface and within a 7-mile Specialist, Airspace Branch, AWP–520, published subsequently in this Order. radius of a Point In Space serving the ST Air Traffic Division, Western-Pacific The FAA has determined that this Helena Fire Department Heliport. Region, Federal Aviation proposed regulation only involves an * * * * * Administration, 15000 Aviation established body of technical Issued in Los Angeles, California, on Boulevard, Lawndale, CA 90261, regulations for which frequent and August 2, 1999. telephone (310) 725–6539. routine amendments are necessary to John Clancy, SUPPLEMENTARY INFORMATION: keep them operationally current. Manager, Air Traffic Division, Western-Pacific Comments Invited Therefore, this proposed regulation—(1) Region. is not a ‘‘significant regulatory action’’ [FR Doc. 99–21027 Filed 8–12–99; 8:45 am] Interested parties are invited to under Executive Order 12866; (2) is not participate in this proposed rulemaking BILLING CODE 4910±13±M a ‘‘significant rule’’ under DOT by submitting such written data, views,
VerDate 18-JUN-99 16:20 Aug 12, 1999 Jkt 183247 PO 00000 Frm 00004 Fmt 4702 Sfmt 4702 E:\FR\FM\13AUP1.XXX pfrm07 PsN: 13AUP1 Federal Register / Vol. 64, No. 156 / Friday, August 13, 1999 / Proposed Rules 44141 or arguments as they may desire. provide adequate controlled airspace for Paragraph 6005 Class E airspace areas Comments that provide the factual basis helicopters executing the Special Copter extending upward from 700 feet or more supporting the views and suggestions GPS 321 Point In Space approach to the above the surface of the earth. presented are particularly helpful in Redbud Community Hospital Heliport, * * * * * developing reasoned regulatory Clearlake, CA. Class E airspace AWP CA E5 Clearlake, CA [New] decisions on the proposal. Comments designations are published in paragraph are specifically invited on the overall Redbud Community Hospital Heliport 6005 of FAA Order 7400.9F dated Point In Space Coordinates regulatory, aeronautical, economic, September 10, 1998, and effective (Lat. 38°55′01′′N, long. 122°36′42′′W) environmental, and energy-related September 16, 1998, which is That airspace extending upward from 700 aspects of the proposal. incorporated by reference in 14 CFR feet above the surface and within a 6-mile Communications should identify the 71.1. The Class E airspace designation radius of a Point In Space serving the Redbud airspace docket number and be listed in this document would be Community Hospital Heliport. submitted in triplicate to the address published subsequently in this Order. * * * * * listed above. Commenters wishing the The FAA has determined that this Issued in Los Angeles, California, on FAA to acknowledge receipt of their August 2, 1999. proposed regulation only involves an comments on this action must submit John Clancy, with the comments a self-addressed, established body of technical regulations for which frequent and Manager, Air Traffic Division, Western-Pacific stamped postcard on which the Region. following statement is made: routine amendments are necessary to [FR Doc. 99–21026 Filed 8–12–99; 8:45 am] ‘‘Comments to Airspace Docket No. 99– keep them operationally current. AWP–15.’’ The postcard will be date/ Therefore, this proposed regulation—(1) BILLING CODE 4910±13±M time stamped and returned to the is not a ‘‘significant regulatory action’’ under Executive Order 12866; (2) is not commenter. All communications DEPARTMENT OF TRANSPORTATION received on or before the specified a ‘‘significant rule’’ under DOT closing date for comments will be Regulatory Policies and Procedures (44 Federal Aviation Administration considered before taking action on the FR 11034; February 26, 1979); and (3) proposed rule. The proposal contained does not warrant preparation of a 14 CFR Part 71 in this notice may be changed in light Regulatory Evaluation as the anticipated [Airspace Docket No. 99±AWP±12] of comments received. All comments impact is so minimal. Since this is a submitted will be available for routine matter that will only affect air Proposed Establishment of Class E examination in the Airspace Branch, Air traffic procedures and air navigation, it Airspace; Fort Bragg, CA Traffic Division, 15000 Aviation is certified that this proposed rule Boulevard, Lawndale, CA 90261, both would not have a significant economic AGENCY: Federal Aviation before and after the closing date for impact on a substantial number of small Administration (FAA, DOT. comments. A report summarizing each entities under the criteria of the ACTION: Notice of proposed rulemaking. substantive public contact with FAA Regulatory Flexibility Act. personnel concerned with this SUMMARY: This action proposes to rulemaking will be filed in the docket. List of Subjects in 14 CFR Part 71 establish a Class E airspace area at Fort Bragg, CA. The establishment of a Availability of NPRM Airspace, Incorporation by reference, Special Global Positioning System (GPS) Any person may obtain a copy of this Navigation (air). Standard Instrument Approach Notice of Proposed Rulemaking (NPRM) The Proposed Amendment Procedure (SIAP) Copter 158 Point In by submitting a request to the Federal Space Approach serving Mendocino Aviation Administration, Airspace In consideration of the foregoing, the Coast District Hospital Heliport has Branch, 15000 Aviation Boulevard, Federal Aviation Administration made this proposal necessary. Lawndale, CA 90261. Communications proposes to amend 14 CFR part 71 as Additional controlled airspace must identify the docket number of this follows: extending upward from 700 feet or more NPRM. Persons interested in being above the surface of the earth is needed placed on a mailing list for future PART 71ÐDESIGNATION OF CLASS A, to contain helicopters executing the NPRM’s should also request a copy of CLASS B, CLASS C, CLASS D, AND Special Copter GPS 158 Point In Space Advisory Circular No. 11–2A, which CLASS E AIRSPACE AREAS; approach to Mendocino Coast District describes the application procedures. AIRWAYS; ROUTES; AND REPORTING Hospital Heliport. The intended effect of The Proposal POINTS this proposal is to provide adequate controlled airspace for Instrument Flight The FAA is considering an 1. The authority citation for 14 CFR Rules (IFR) operations at Mendocino amendment to 14 CFR part 71 by part 71 continues to read as follows: Coast District Hospital Heliport, Fort establishing a Class E airspace area at Bragg, CA. Clearlake, CA. The establishment of a Authority: 49 U.S.C. 106(g), 40103, 40113, Special Copter GPS 321 Point In Space 40120; E. O. 10854, 24 FR 9565, 3 CFR, 1959– DATES: Comments must be received on approach at Redbud Community 1963 Comp., p. 389. or before September 16, 1999. ADDRESSES: Send comments on the Hospital Heliport has made this § 71.1 [Amended] proposal necessary. Additional proposal in triplicate to: Federal controlled airspace extending upward 2. The incorporation by reference in Aviation Administration, Attn: from 700 feet above the surface is 14 CFR 71.1 of the Federal Aviation Manager, Airspace Branch, AWP–520, needed to contain helicopters executing Administration Order 7400.9F, Airspace Docket No. 99–AWP–12, Air Traffic the Special Copter GPS 321 Point In Designations and Reporting Points, Division, 15000 Aviation Boulevard, Space approach to the Redbud dated September 10, 1998, and effective Lawndale, CA 90261. Community Hospital Heliport. The September 16, 1998, is amended as The official docket may be examined intended effect of this proposal is to follows: in the Office of the Regional Counsel,
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Western-Pacific Region, Federal Lawndale, CA 90261. Communications proposes to amend 14 CFR part 71 as Aviation Administration, Room 6007, must identify the docket number of this follows: 15000 Aviation Boulevard, Lawndale, NPRM. Persons interested in being CA 90261. placed on a mailing list for future PART 71ÐDESIGNATION OF CLASS A, An informal docket may also be NPRM’s should also request a copy of CLASS B, CLASS C, CLASS D, AND examined during normal business hours Advisory Circular No. 11–2A, which CLASS E AIRSPACE AREAS; at the Office of the Manager, Airspace describes the application procedures. AIRWAYS; ROUTES; AND REPORTING Branch, Air Traffic Division at the above POINTS The Proposal address. 1. The authority citation for 14 CFR FOR FURTHER INFORMATION CONTACT: The FAA is considering an part 71 continues to read as follows: Larry Tonish, Air Traffic Airspace amendment to 14 CFR part 71 by Authority: 49 U.S.C. 106(g), 40103, 40113, Specialist, Airspace Branch, AWP–520, establishing a Class E airspace area at Fort Bragg, CA. The establishment of a 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– Air Traffic Division, Western-Pacific 1963 Comp., p. 389. Region, Federal Aviation Special Copter GPS 158 Point In Space Administration, 15000 Aviation approach at Mendocino Coast District § 71.1 [Amended] Boulevard, Lawndale, CA 90261, Hospital Heliport has made this 2. The incorporation by reference in telephone (310) 725–6539. proposal necessary. Additional 14 CFR 71.1 of the Federal Aviation SUPPLEMENTARY INFORMATION: controlled airspace extending upward Administration Order 7400.9F, Airspace from 700 feet above the surface is Designations and Reporting Points, Comments Invited needed to contain rotorcraft executing dated September 10, 1998, and effective Interested parties are invited to the Special Copter GPS 158 Point In September 16, 1998, is amended as participate in this proposed rulemaking Space approach to the Mendocino Coast follows: by submitting such written data, views, District Hospital Heliport. The intended effect of this proposal is to provide Paragraph 6005 Class E airspace areas or arguments as they may desire. extending upward from 700 feet or more Comments that provide the factual basis adequate controlled airspace for above the surface of the earth. rotorcraft executing the Special Copter supporting the views and suggestions * * * * * presented are particularly helpful in GPS 158 Helicopter Point In Space developing reasoned regulatory approach to the Mendocino Coast AWP CA E5 Fort Bragg, CA [New] decisions on the proposal. Comments District Hospital Heliport, Fort Bragg, Medocino Coast District Hospital Heliport are specifically invited on the overall CA. Class E airspace designations are Point In Space Coordinates ° ′ ′′ ° ′ ′′ regulatory, aeronautical, economic, published in paragraph 6005 of FAA (Lat. 39 26 34 N, long. 123 48 04 W) environmental, and energy-related Order 7400.9F dated September 10, That airspace extending upward from 700 aspects of the proposal. 1998, and effective September 16, 1998, feet above the surface and within a 6-mile Communications should identify the which is incorporated by reference in 14 radius of the Point In Space serving the Medocino Coast District Hospital Heliport. airspace docket number and be CFR 71.1. The Class E airspace submitted in triplicate to the address designation listed in this document * * * * * listed above. Commenters wishing the would be published subsequently in Issued in Los Angeles, California, on August 2, 1999. FAA to acknowledge receipt of their this Order. comments on this action must submit The FAA has determined that this John Clancy, with the comments self-addressed, proposed regulation only involves an Manager, Air Traffic Division, Western-Pacific stamped postcard on which the established body of technical Region. following statement is made: regulations for which frequent and [FR Doc. 99–21025 Filed 8–12–99; 8:45 am] ‘‘Comments to Airspace Docket No. 99– routine amendments are necessary to BILLING CODE 4910±13±M AWP–12.’’ The postcard will be date/ keep them operationally current. time stamped and returned to the Therefore, this proposed regulation—(1) commenter. All communications is not a ‘‘significant regulatory action’’ DEPARTMENT OF TRANSPORTATION under Executive Order 12866; (2) is not received on or before the specified Federal Aviation Administration closing date for comments will be a ‘‘significant rule’’ under DOT considered before taking action on the Regulatory Policies and Procedures (44 14 CFR Part 71 proposed rule. The proposal contained FR 11034; February 26, 1979); and (3) in this notice may be changed in light does not warrant preparation of a [Airspace Docket No. 99±AWP±17] of comments received. All comments Regulatory Evaluation as the anticipated impact is so minimal. Since this is a Proposed Establishment of Class E submitted will be available for Airspace; Napa, CA examination in the Airspace Branch, Air routine matter that will only affect air Traffic Division, 15000 Aviation traffic procedures and air navigation, it AGENCY: Federal Aviation Boulevard, Lawndale, CA 90261, both is certified that this proposed rule Administration (FAA), DOT. before and after the closing date for would not have significant economic ACTION: Notice of proposed rulemaking. comments. A report summarizing each impact on a substantial number of small substantive public contact with FAA entities under the criteria of the SUMMARY: This action proposed to personnel concerned with this Regulatory Flexibility Act. establish a Class E airspace area at Napa, CA. The establishment of a Special rulemaking will be filed in the docket. List of Subjects in 14 CFR Part 71 Global Positioning System (GPS) Availability of NPRM Airspace, Incorporation by reference, Standard Instrument Approach Any person may obtain a copy of this Navigation (air). Procedure (SIAP) Copter 050 Point In Notice of Proposed rulemaking (NPRM) Space approach serving Queen of the The Proposed Amendment by submitting a request to the Federal Valley Hospital Heliport has made this Aviation Administration, Airspace In consideration of the foregoing, the proposal necessary. Additional Branch, 15000 Aviation Boulevard, Federal Aviation Administration controlled airspace extending upward
VerDate 18-JUN-99 10:13 Aug 12, 1999 Jkt 183247 PO 00000 Frm 00006 Fmt 4702 Sfmt 4702 E:\FR\FM\A13AU2.093 pfrm04 PsN: 13AUP1 Federal Register / Vol. 64, No. 156 / Friday, August 13, 1999 / Proposed Rules 44143 from 700 feet or more above the surface closing date for comments will be FR 11034; February 26, 1979); and (3) of the earth is needed to contain considered before taking action on the does not warrant preparation of a helicopters executing the Special Copter proposed rule. The proposal contained Regulatory Evaluation as the anticipated GPS 050 Point In Space approach to in this notice may be changed in light impact is so minimal. Since this is a Queen of the Valley Hospital Heliport. of comments received. All comments routine matter that will only affect air The intended effect of this proposal is submitted will be available for traffic procedures and air navigation, it to provide adequate controlled airspace examination in the Airspace Branch, Air is certified that this proposed rule for Instrument Flight Rules (IFR) Traffic Division, 15000 Aviation would not have a significant economic operations at Queen of the Valley Boulevard, Lawndale, CA 90261, both impact on a substantial number of small before and after the closing date for Hospital Heliport, Napa, CA. entities under the criteria of the comments. A report summarizing each DATES: Comments must be received on Regulatory Flexibility Act. or before September 16, 1999. substantive public contact with FAA ADDRESSES: Send comments on the personnel concerned with this List of Subjects in 14 CFR Part 71 proposal in triplicate to: Federal rulemaking will be filed in the docket. Airspace, Incorporation by reference, Aviation Administration, Attn: Availability of NPRM Manager, Airspace Branch, AWP–520, Navigation (air). Any person may obtain a copy of this Docket No. 99–AWP–17, Air Traffic Notice of Proposed Rulemaking (NPRM) The Proposed Amendment Division, 15000 Aviation Boulevard, by submitting a request to the Federal Lawndale, CA 90261. In consideration of the foregoing, the Aviation Administration, Airspace Federal Aviation Administration The official docket may be examined Branch 15000 Aviation Boulevard, proposes to amend 14 CFR part 71 as in the Office of the Regional Counsel, Lawndale, CA 90261. Communications Western-Pacific Region, Federal must identify the docket number of this follows: Aviation Administration, Room 6007, NPRM. Persons interested in being on a 15000 Aviation Boulevard, Lawndale, PART 71ÐDESIGNATION OF CLASS A, mailing list for future NPRM’s should CLASS B, CLASS C, CLASS D, AND CA 90261 also request a copy of Advisory Circular CLASS E AIRSPACE AREAS; An informal docket may also be No. 11–2A, which describes the examined during normal business hours application procedures. AIRWAYS; ROUTES; AND REPORTING at the Office of the Manager, Airspace POINTS Branch, Air Traffic Division at the above The Proposal address. The FAA is considering an 1. The authority citation for 14 CFR FOR FURTHER INFORMATION CONTACT: amendment to 14 CFR part 71 by part 71 continues to read as follows: Larry Tonish, Air Traffic Airspace establishing a class E airspace area at Authority: 49 U.S.C. 106(g), 40103, 40113, Specialist, Airspace Branch, AWP–520, Napa, CA. The establishment of a 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– Air Traffic Division, Western-Pacific Special Copter 050 Point in Space 1963 Comp., p. 389. Region, Federal Aviation approach at Queen of the Valley Administration, 15000 Aviation Hospital Heliport has made this § 71.1 [Amended] Boulevard, Lawndale, CA 90261, proposal necessary. Additional 2. The incorporation by reference in telephone (310) 725–6539. controlled airspace extending upward 14 CFR 71.1 of the Federal Aviation from 700 feet above the surface is SUPPLEMENTARY INFORMATION: Administration Order 7400.9F, Airspace needed to contain helicopters executing Designations and Reporting Points, Comments Invited the Special Copter 050 Point in Space Interested parties are invited to approach at Queen of the Valley dated September 10, 1998, and effective participate in this proposed rulemaking Hospital Heliport. The intended effect of September 16, 1998, is amended as by submitting such written data, views, this proposal is to provide adequate follows: or arguments as they may desire. controlled airspace for helicopters Paragraph 6005 Class E airspace areas Comments that provide the factual basis executing the Special Copter 050 Point extending upward from 700 feet or more supporting the views and suggestions in Space approach at Queen of the above the surface of the earth. presented are particularly helpful in Valley Hospital Heliport, Napa, CA. * * * * * developing reasoned regulatory Class E airspace designations are decisions on the proposal. Comments published in paragraph 6005 of FAA AWP CA E5 Napa, CA [New] are specifically invited on the overall Order 7400.9F dated September 10, Queen of the Valley Hospital Heliport regulatory, aeronautical, economic, 1998, and effective September 16, 1998, Point In Space Coordinates environmental, and energy-related which is incorporated by reference in 14 (Lat. 38°19′31′′N, long. 122°18′53′′W) aspects of the proposal. CFR 71.1. The Class E airspace That airspace extending upward from 700 Communications should identify the designation listed in this document feet above the surface and within a 5-mile airspace docket number and be would be published subsequently in radius of a Point In Space serving the Queen submitted in triplicate to the address this Order. of the Valley Hospital Heliport, excluding listed above. Commenters wishing the The FAA has determined that this that portion within the Santa Rafael, CA, FAA to acknowledge receipt of their proposed regulation only involved an Class E airspace area. comments on this action must submit established body of technical * * * * * with the comments a self-addressed, regulations for which frequent and Issued in Los Angeles, California, on stamped postcard on which the routine amendments are necessary to August 2, 1999. following statement is made: keep them operationally current. ‘‘Comments to Airspace Docket No. 99– Therefore, this proposed regulation—(1) John Clancy, AWP–17.’’ The postcard will be date/ is not a ‘‘significant regulatory action’’ Manager, Air Traffic Division, Western-Pacific time stamped and returned to the under Executive Order 12866; (2) is not Region. commenter. All communications a ‘‘significant rule’’ under DOT [FR Doc. 99–21023 Filed 8–12–99; 8:45 am] received on or before the specified Regulatory Policies and Procedures (44 BILLING CODE 4910±13±M
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DEPARTMENT OF TRANSPORTATION by submitting such written data, views, intended effect of this proposal is to or arguments as they may desire. provide adequate controlled airspace for Federal Aviation Administration Comments that provide the factual basis rotocraft executing the Special Copter supporting the views and suggestions GPS 015 Point In Space approach to the 14 CFR Part 71 presented are particularly helpful in Redwood Coast Medical Services [Airspace Docket No. 99±AWP±13] developing reasoned regulatory Hospital Heliport, Gualala, CA. Class E decisions on the proposal. Comments airspace designations are published in Proposed Establishment of Class E are specifically invited on the overall paragraph 6005 of FAA Order 7400.9F Airspace; Gualala, CA regulatory, aeronautical, economic, dated September 10, 1998, and effective environmental, and energy-related September 16, 1998, which is AGENCY: Federal Aviation aspects of the proposal. incorporated by reference in 14 CFR Administration (FAA), DOT. Communications should identify the 71.1. The Class E airspace designation ACTION: Notice of proposed rulemaking. airspace docket number and be listed in this document would be submitted in triplicate to the address published subsequently in this Order. SUMMARY: This action proposes to listed above. Commenters wishing the The FAA has determined that this establish a Class E airspace area at FAA to acknowledge receipt of their proposed regulation only involves an Gualala, CA. The establishment of a comments on this action must submit established body of technical Special Global Positioning System (GPS) with the comments a self-addressed, regulations for which frequent and Standard instrument Approach stamped postcard on which the routine amendments are necessary to Procedure (SIAP) Copter 015 Point In following statement is made: keep them operationally current. Space Approach serving Redwood Coast ‘‘Comments to Airspace Docket No. 99– Therefore, this proposed regulation—(1) Medical Services Hospital Heliport has AWP–13.’’ The postcard will be date/ is not a ‘‘significant regulatory action’’ made this proposal necessary. time stamped and returned to the under Executive Order 12866; (2) is not Additional controlled airspace commenter. All communications extending upward from 700 feet or more received on or before the specified a ‘‘significant rule’’ under DOT above the surface of the earth is needed closing date for comments will be Regulatory Policies and Procedures (44 to contain helicopters executing the considered before taking action on the FR 11034; February 26, 1979); and (3) Special Copter GPS 015 Point in Space proposed rule. The proposal contained does not warrant preparation of a approach to Redwood Coast Medical in this notice may be changed in light Regulatory Evaluation as the anticipated Services Hospital Heliport. The of comments received. All comments impact is so minimal. Since this is a intended effect of this proposal is to submitted will be available for routine matter that will only affect air provide adequate controlled airspace for examination in the Airspace Branch, Air traffic procedures and air navigation, it Instrument Flight Rules (IFR) operations Traffic Division, 15000 Aviation is certified that this proposed rule at Redwood Coast Medical Services Boulevard, Lawndale, CA 90261, both would not have a significant economic Hospital heliport, Gualala, CA. before and after the closing date for impact on a substantial number of small DATES: Comments must be received on comments. A report summarizing each entities under the criteria of the or before September 16, 1999. substantive public contact with FAA Regulatory Flexibility Act. EFFECTIVE DATE: Send comments on the personnel concerned with this List of Subjects in 14 CFR Part 71 proposal in triplicate to: Federal rulemaking will be filed in the docket. Airspace, Incorporation by reference, Aviation Administration, Attn: Availability of NPRM Manager, Airspace Branch, AWP–520, Navigation (air). Any person may obtain a copy of this Docket No. 99–AWP–13, Air Traffic Notice of Proposed Rulemaking (NPRM) The Proposed Amendment Division, 15000 Aviation Boulevard, by submitting a request to the Federal Lawndale, CA 90261. In consideration of the foregoing, the Aviation Administration, Airspace The official docket may be examined Federal Aviation Administration Branch, 15000 Aviation Boulevard, in the Office of the Regional Counsel, proposes to amend 14 CFR part 71 as Lawndale, CA 90261. Communications Western-Pacific Region, Federal follows: must identify the docket number of this Aviation Administration, Room 6007, NPRM. Persons interested in being 15000 Aviation Boulevard, Lawndale, PART 71ÐDESIGNATION OF CLASS A, placed on a mailing list for future CA 90261. CLASS B, CLASS C, CLASS D, AND NPRM’s should also request a copy of An informal docket may also be CLASS E AIRSPACE AREAS; Advisory Circular No. 11–2A, which examined during normal business hours AIRWAYS ROUTES; AND REPORTING describes the application procedures. at the Office of the Manager, Airspace POINTS Branch, Air Traffic Division at the above The Proposal 1. The authority citation for 14 CFR address. The FAA is considering an part 71 continues to read as follows: FOR FURTHER INFORMATION CONTACT: amendment to 14 CFR part 71 by Larry Tonish, Air Traffic Airspace establishing a Class E airspace area at Authority: 49 U.S.C. 106(g), 40103, 40113, Specialist, Airspace Branch, AWP–520, Gualala, CA. The establishment of a 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– Air Traffic Division, Western-Pacific Special Copter GPS 015 Point In Space 1963 Comp., p. 389. Region, Federal Aviation approach at Redwood Coast Medical § 71.1 [Amended] Administration, 15000 Aviation Services Hospital Heliport has made Boulevard, Lawndale, CA 90261, this proposal necessary. Additional 2. The incorporation by reference in telephone (310) 725–6539. controlled airspace extending upward 14 CFR 71.1 of the Federal Aviation SUPPLEMENTARY INFORMATION: from 700 feet above the surface is Administration Order 7400.9F, Airspace needed to contain rotocraft executing Designations and Reporting Points, Comments Invited the Special Copter GPS 015 Point In dated September 10, 1998, and effective Interested parties are invited to Space approach to the Redwood Coast September 16, 1998, is amended as participate in this proposed rulemaking Medical Services Hospital Heliport. The follows:
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Paragraph 6005 Class E airspace areas Comments Invited code-share partners to operate an extra extending upward from 700 feet or more section of a scheduled flight operated by above the surface of the earth Interested persons are invited to comment on this action by submitting a second code-share partner. A copy of * * * * * such written data, views, or arguments, Delta’s letter has been included in the AWP CA E5 Gualala, CA [New] as they may desire. Comments should docket for this matter. identify the regulatory docket and In the past, the FAA has consistently Redwood Coast Medical Services Hospital interpreted the term operator to be the Heliport should be submitted in triplicate to the Point In Space Coordinates Rules Docket address specified above. air carrier operating the flight. However, (Lat. 38°45′31′′ N, long. 123°32′20′′ W) Comments may also be sent after consideration of Delta’s proposal, That airspace extending upward from 700 electronically to the Rules Docket by the FAA believes that emerging use of feet above the surface and within a 6-mile using the following Internet address: 9– code-share arrangement in the aviation radius of the Point In Space serving the NPRM–[email protected]. All comments industry requires a reevaluation of Redwood Coast Medical Services Hospital received will be available, both before agency interpretation. As a result, the Heliport. and after the closing date for comments, FAA issued the Notice of proposed * * * * * in the Rules Docket for examination by interpretation. Additionally, several commenters Issued in Los Angeles, California, on interested persons. Commenters wishing August 2, 1999. were concerned with the short comment the FAA to acknowledge receipt of their period that was provided in the Notice. John Clancy, comments submitted in response to this Therefore, in order to provide full Manager, Air Traffic Division, Western-Pacific action must include a preaddressed, disclosure of the circumstances that Region. stamped postcard marked ‘‘Comments gave rise to the Notice, the FAA is [FR Doc. 99–21024 Filed 8–12–99; 8:45 am] to Docket 29624.’’ The postcard will be reopening the comment period to ensure BILLING CODE 4910±13±M date stamped and mailed to the that all interested parties have full commenter. knowledge of the basis for the proposed DEPARTMENT OF TRANSPORTATION Availability of this Notice interpretation and an opportunity to An electronic copy of this document comment. Accordingly, the FAA is Federal Aviation Administration may be downloaded, using a modem reopening the comment period for this proposed interpretation for an 14 CFR Part 93 and suitable communications software, from the FAA regulations section of the additional 30 days. Fedworld electronic bulletin board Issued in Washington, DC on August 9, [Docket No. 29624] service (telephone: (703) 321–3339) or 1999. High Density Rule the Federal Register’s electronic bulletin Nicholas G. Garaufis, board service (telephone: (202) 512– Chief Counsel. AGENCY: Federal Aviation 1661). Internet users may reach the [FR Doc. 99–21028 Filed 8–12–99; 8:45 am] Administration (FAA), DOT. FAA’s web page at http://www.faa.gov/ BILLING CODE 4910±13±M ACTION: Notice of proposed avr/arm/nprm/.htm or the Federal interpretation; reopening of comment Register 12s web page at http:// period. www.access.gop.gov/su docs for access DEPARTMENT OF TRANSPORTATION to recently published rulemaking SUMMARY: On July 2, 1999, the FAA documents. Coast Guard published a Notice of proposed Background 33 CFR Part 117 interpretation, which proposed to interpret the term ‘‘operator’’ as On June 28, 1999, the FAA issued a [CGD01±99±079] notice proposing to interpret the term interpreted in the extra section RIN 2115±AE47 provision of the FAA’s High Density ‘‘operator’’ as interpreted in the extra Rule to permit one airline code-share section provision of the FAA’s High Drawbridge Operation Regulations; partner to operate an extra section of a Density Rule to permit one airline code- Mystic River, CT regularly scheduled flight of another share partner to operate an extra section code-share partner. This notice of a regularly scheduled flight of AGENCY: Coast Guard, DOT. announces the reopening of the another code-share partner (64 FR ACTION: Notice of proposed rulemaking. comment period for an additional 30 35963; July 2, 1999). The purpose of this days. proposed interpretation is to recognize SUMMARY: The Coast Guard proposes to the development of code-share change the operating rules governing the DATES: Comments must be submitted on arrangements in the aviation industry. US 1 Bridge, mile 2.8, across the Mystic or before September 13, 1999. The FAA issued this Notice with a 10- River in Mystic, Connecticut. The bridge ADDRESSES: Comments regarding the day comment that closed on July 12, owner asked the Coast Guard to change notice of interpretation should be 1999. the regulations to require a six hour mailed, in triplicate, to Federal Aviation In the Notice, the FAA did not advance notice for openings in the Administration, Office of the Chief adequately identify the circumstances evening during the winter months Counsel, Attention: Rules Docket (AGC– that prompted the proposed because there have been no requests to 10), Docket No. 29624, 800 interpretation. This proposed open the bridge during that time period. Independence Avenue, SW, interpretation arose as a result of an This rulemaking is expected to relieve Washington, DC 20591. Comments must April 1, 1999, letter from Delta Air the bridge owner of the burden of be marked Docket No. 29624. Comments Lines, Inc. (Delta) requesting that the crewing the bridge at all times while may be examined in Room 915G FAA confirm Delta’s interpretation of meeting the reasonable needs of weekdays between 8:30 a.m. and 5 p.m., the extra section provision set forth in navigation. except on Federal holidays. 14 CFR 93.123(b)(4). Specifically, Delta DATES: Comments must reach the Coast SUPPLEMENTARY INFORMATION: interpreted this provision to permit Guard on or before October 12, 1999.
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ADDRESSES: You may mail comments to April 30 from 7:15 p.m. to 5:15 a.m., the Small Entities Commander (obr), First Coast Guard draw shall open on signal upon eight District, 408 Atlantic Avenue, Boston, hours advance notice. Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the Coast Guard MA. 02110–3350, or deliver them at the The owner of the bridge, the considers whether this proposed rule, same address between 7 a.m. and 4 Connecticut Department of adopted, will have a significant p.m., Monday through Friday, except Transportation (CONNDOT), asked the economic impact on a substantial Federal holidays. The telephone number Coast guard to change the regulations to number of small entities. ‘‘Small is (617) 223–8364. The First Coast require a six-hour advance notice for Guard District Bridge Branch maintains openings from November 1 through entities’’ include small business, not- the public docket for this rulemaking. April 30, 8 p.m. to 4 a.m. This change for-profit organizations that are Comments and documents as indicated is less restrictive than the existing independently owned and operated and in this preamble will become part of this regulations. The bridge opening log data are not dominant in their fields, and docket and will be available for for 1998 and 1999, November through governmental jurisdictions with inspection or copying at the above April, indicate no requests to open the populations of less than 50,000. address 7 a.m. to 3 p.m. Monday bridge during the time period 8 p.m. to Therefore, the Coast Guard certifies through Friday, except Federal holidays. 4 a.m. under section 5 U.S.C. 605(b), for the FOR FURTHER INFORMATION CONTACT: Mr. reasons discussed in the Regulatory John W. McDonald, Project Officer, First Discussion of Proposal Evaluation section above, that this Coast Guard District, (617) 223–8364. The Coast Guard proposes to revise proposed rule, it adopted, will not have SUPPLEMENTARY INFORMATION: the operating rules, listed at 33 CFR a significant economic impact on a substantial number of small entities. If, Request for Comments 117.211(b)(2), which govern the US 1 Bridge, mile 2.8, cross the Mystic River. however, you think that your business The Coast Guard encourages This change will require the bridge to or organization qualifies as a small interested persons to participate in this open on signal; with a maximum delay entity and that this proposed rule will rulemaking by submitting written data, of 20 minutes; except: (1) From May 1 have a significant economic impact on views, or arguments. Persons submitting through October 31 from 7:15 a.m. to your business or organization, please comments should include their names 7:15 p.m., the draw need only open submit a comment (see ADDRESSES) and addresses, identify this rulemaking hourly at quarter past the hour. (2) From explaining why you think it qualifies (CG01–99–079) and the specific section November 1 through April 30, from 8 and in what way and to what degree this of this document to which each p.m. to 4 a.m., the draw will open on proposed rule will economically affect comment applies, and give the reason signal if at least a six-hour advance it. for each comment. Please submit two notice is given. This proposed rule will Collection of Information copies of all comments and attachments relieve the bridge owner of the in an unbound format, no larger than requirement to crew the bridge during This proposed rule does not provide 81⁄2 by 11 inches, suitable for copying the winter months at night while and electronic filing. Persons wanting for a collection of information under the meeting the reasonable needs of Paperwork Reduction Act of 1995 (44 acknowledgment of receipt of comments navigation. should enclose a stamped, self- U.S.C. 3501 set seq.). The Coast Guard believes this addressed postcard or envelope. Federalism The Coast Guard will consider all proposal is reasonable because there comments received during the comment have been no requests to open the The Coast Guard has analyzed this period. It may change this proposed rule bridge during the winter months at proposed rule in accordance with the in view of the comments. night. principles and criteria contained in The Coast Guard plans no public Regulatory Evaluation Executive Order 12612 and has hearing. Persons may request a public determined that this proposed rule does hearing by writing to the address under This proposed rule is not a significant not have sufficient implications for ADDRESSES. The request should include regulatory action under station 3(f) of federalism to warrant the preparation of the reasons why a hearing would be Executive Order 12866 and does not a Federalism Assessment. beneficial. If it determines that the require an assessment of potential costs opportunity for oral presentations will and benefits under section 6(a)(3) of that Environment aid this rulemaking, the Coast Guard Order. It has not been reviewed by the The Coast Guard considered the Office of Management and Budget under will hold a public hearing at a time and environmental impact of this proposed that Order It is not significant under the place announced by a later notice in the rule and concluded that, under Section regulatory policies and procedures of Federal Register. 2.B.2., Figure 2–1, paragraph (32)(e), of the Department of Transportation (DOT) Commandant Instruction M16475.1C, Background (44 FR 11040; Feb. 26, 1979). The Coast this proposed rule is categorically The US 1 Bridge, mile 2.8, across the Guard expects the economic impact of Mystic River, has a vertical clearance of this proposed rule to be so minimal that excluded from further environmental 4 feet at mean high water and 7 feet at a full Regulatory Evaluation, under documentation because promulgation of mean low water. paragraph 10e of the regulatory policies drawbridge regulations has been found The existing operating regulations for and procedures of DOT, is unnecessary. not to have a significant effect on the the bridge listed at 33 CFR 117.211(b) This conclusion is based on the fact that environment. A ‘‘Categorical Exclusion require it to open on signal with a the bridge has not had any requests to Determination’’ is available in the maximum delay of 20 minutes; except, open in the evening during the winter docket for inspection or copying where from May 1 through October 31 from months. Mariners will still be able to indicated under ADDRESSES. 7:15 a.m. to 7:15 p.m., the draw need obtain bridge openings during the List of Subjects in 33 CFR Part 117 only open hourly at quarter past the regulated time period provided they hour, and from November 1 through give six-hour notice. Bridges.
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Regulations MA 02110–3350, or deliver them at the the Coast Guard to change the For the reasons set out in the same address between 7 a.m. and 4 regulations to require a six-hour preamble, the Coast Guard proposes to p.m., Monday through Friday, except advance notice for openings from 8 p.m. amend 33 CFR part 117 as follows: Federal holidays. The telephone number to 4 a.m., December 1 through March 31. is (617) 223–8364. The First Coast The bridge opening log data for 1998 PART 117ÐDRAWBRIDGE Guard District Bridge Branch maintains and 1999, December 1 through March OPERATION REGULATIONS the public docket for this rulemaking. 31, from 8 p.m. to 4 a.m. indicate the Comments and documents as indicated following number of openings: 1. The authority citation for part 117 in this preamble will become part of this December 1, N/A, January 5, 6, February continues to read as follows: docket and will be available for 4, 3, March 0, 3, respectively. Authority: 33 U.S.C. 499; 49 CFR 1.46; 33 inspection or copying at the above Discussion of Proposal CFR 1.05–1(g); section 117.255 also issued address 7 a.m. to 3 p.m. Monday under the authority of Pub. L. 102–587, 106 through Friday, except Federal holidays. The Coast Guard proposes to revise Stat. 5039. the operating rules, listed at 33 CFR FOR FURTHER INFORMATION CONTACT: Mr. 117.207(a), which govern the US 1 2. Section 117.211(b)(2) is revised to John W. McDonald, Project Officer, First Bridge, mile 3.5, across the Housatonic read as follows: Coast Guard District, (617) 223–8364. River. This change will require the § 117.211 Mystic River SUPPLEMENTARY INFORMATION: bridge to open on signal; except that, * * * * * Request for Comments from 7 a.m. to 9 a.m., Monday through (b) * * * Friday and 4 p.m. to 5:45 p.m. daily, the (1) * * * The Coast Guard encourages draw need not be opened for the passage (2) From November 1 through April interested persons to participate in this of vessels. From December 1 through 30, from 8 p.m. to 4 a.m., the draw shall rulemaking by submitting written data, March 31, from 8 p.m. to 4 a.m., the open on signal if at least six hours views, or arguments. Persons submitting draw shall open on signal if at least six- notice is given by calling the number comments should include their names hour advance notice is given. This posted at the bridge. and addresses, identifying this proposal will relieve the bridge owner rulemaking (CGD01–99–085) and the of the requirement to crew the bridge at Dated: July 29, 1999. specific section of this document to R.M. Larrabee, night during the winter months while which each comment applies, and give meeting the reasonable needs of Rear Admiral, U.S. Coast Guard Commander, the reason for each comment. Please First Coast Guard District. navigation. submit two copies of all comments and The Coast Guard believes this [FR Doc. 99–20953 Filed 8–12–99; 8:45 am] attachments in an unbound format, no proposal is reasonable based upon the BILLING CODE 4910±15±M larger than 81⁄2 by 11 inches, suitable for low number of opening requests at night copying and electronic filing. Persons during the winter months. wanting acknowledgment of receipt of DEPARTMENT OF TRANSPORTATION comments should enclose a stamped, Regulatory Evaluation self-addressed postcard or envelope. Coast Guard This proposed rule is not a significant The Coast Guard will consider all regulatory action under section 3(f) of 33 CFR Part 117 comments received during the comment Executive Order 12866 and does not period. It may change this proposed rule require an assessment of potential costs [CGD01±99±085] in view of the comments. and benefits under section 6(a)(3) of that RIN 2115±AE47 The Coast Guard plans no public Order. It has not been reviewed by the hearing. Persons may request a public Office of Management and Budget under Drawbridge Operation Regulations; hearing by writing to the address under that Order. It is not significant under the Housatonic River, CT ADDRESSES. The request should include regulatory policies and procedures of the reasons why a hearing would be the Department of Transportation (DOT) AGENCY: Coast Guard, DOT. beneficial. If it determines that the (44 FR 11040; Feb. 26, 1979). The Coast ACTION: Notice of proposed rulemaking. opportunity for oral presentations will Guard expects the economic impact of aid this rulemaking, the Coast Guard this proposed rule to be so minimal that SUMMARY: The Coast Guard proposes to will hold a public hearing at a time and change the operating rules governing the a full Regulatory Evaluation, under place announced by a later notice in the US 1 Bridge, mile 3.5, across the paragraph 10e of the regulatory policies Federal Register. Housatonic River in Stratford, and procedures of DOT, is unnecessary. Connecticut. The bridge owner asked Background This conclusion is based on the fact that the Coast Guard to change the the bridge has not had many requests to The US 1 Bridge, mile 3.5, across the open in the evening during the winter regulations to require a six hour Housatonic River, in Stratford, advance notice for openings at night months. Mariners will still be able to Connecticut, has a vertical clearance of obtain bridge openings during the during the winter months because there 32 feet at mean high water and 37 feet have been few requests to open the regulated time period provided they at mean low water. give six-hour notice. bridge during that time period. This The existing operating regulations rulemaking is expected to relieve the listed at 33 CFR 117.207(a) for the Small Entities bridge owner of the burden of crewing bridge require it to open on signal; Under the Regulatory Flexibility Act the bridge at all times while meeting the except that, from 7 a.m. to 9 a.m., (5 U.S.C. 601 et seq.), the Coast Guard reasonable needs of navigation. Monday through Friday and 4 p.m. to considers whether this proposed rule, if DATES: Comments must reach the Coast 5:45 p.m. daily, the draw need not be adopted, will have a significant Guard on or before October 12, 1999. opened for the passage of vessels. economic impact on a substantial ADDRESSES: You may mail comments to The owner of the bridge, the number of small entities. ‘‘Small Commander (obr), First Coast Guard Connecticut Department of entities’’ include small businesses, not- District, 408 Atlantic Avenue, Boston, Transportation (CONNDOT) has asked for-profit organizations that are
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Therefore, the Coast Guard certifies Comments and documents as indicated under section 5 U.S.C. 605(b), for the § 117.207 Housatonic River in this preamble will become part of this reasons discussed in the Regulatory (a) The draw of the US 1 Bridge, mile docket and will be available for Evaluation section above, that this 3.5, at Stratford, shall open on signal; inspection or copying at the above proposed rule, if adopted, will not have except that, from 7 a.m. to 9 a.m., address 7 a.m. to 3 p.m. Monday a significant economic impact on a Monday through Friday, and 4 p.m. to through Friday, except Federal holidays. substantial number of small entities. If, 5:45 p.m. daily, the draw need not open FOR FURTHER INFORMATION CONTACT: Mr. however, you think that your business for the passage of vessels. From John W. McDonald, Project Officer, First or organization qualifies as a small December 1 through March 31, from 8 Coast Guard District, (617) 223–8364. p.m. to 4 a.m, the draw shall open on entity and that this proposed rule will SUPPLEMENTARY INFORMATION: have a significant economic impact on signal if at least six hours notice is given your business or organization, please by calling the number posted at the Request for Comments submit a comment (see ADDRESSES) bridge. The Coast Guard encourages explaining why you think it qualifies * * * * * interested persons to participate in this and in what way and to what degree this Dated: July 29, 1999. rulemaking by submitting written data, proposed rule will economically affect R.M. Larrabee, views, or arguments. Persons submitting it. Rear Admiral, U.S. Coast Guard Commander, comments should include their names Collection of Information First Coast Guard District. and addresses, identify this rulemaking [FR Doc. 99–20954 Filed 8–12–99; 8:45 am] (CGD01–99–076) and the specific This proposed rule does not provide BILLING CODE 4910±15±M section of this document to which each for a collection of information under the comment applies, and give the reason Paperwork Reduction Act of 1995 (44 for each comment. Please submit two U.S.C. 3501 et seq.). DEPARTMENT OF TRANSPORTATION copies of all comments and attachments Federalism in an unbound format, no larger than Coast Guard 81⁄2 by 11 inches, suitable for copying The Coast Guard has analyzed this and electronic filing. Persons wanting proposed rule in accordance with the 33 CFR Part 117 acknowledgment of receipt of comments principles and criteria contained in [CGD01±99±076] should enclose a stamped, self- Executive Order 12612 and has addressed postcard or envelope. determined that this proposed rule does RIN 2115±AE47 The Coast Guard will consider all not have sufficient implications for Drawbridge Operation Regulations; comments received during the comment federalism to warrant the preparation of Hackensack River, Passaic River, NJ period. It may change this proposed rule a Federalism Assessment. in view of the comments. Environment AGENCY: Coast Guard, DOT. The Coast Guard plans no public ACTION: Notice of proposed rulemaking. hearing. Persons may request a public The Coast Guard considered the hearing by writing to the address under environmental impact of this proposed SUMMARY: The Coast Guard proposes to ADDRESSES. The request should include rule and concluded that, under Section change the operating regulations the reasons why a hearing would be 2.B.2., Figure 2–1, paragraph (32)(e) of governing the Harold J. Dillard (Court beneficial. If it determines that the Commandant Instruction M16475.1C, Street) Bridge, at mile 16.2, at opportunity for oral presentations will this proposed rule is categorically Hackensack, across the Hackensack aid this rulemaking, the Coast Guard excluded from further environmental River, the Avondale Bridge, mile 10.7, at will hold a public hearing at a time and documentation because promulgation of Lyndhurst, across the Passaic River, and place announced by a later notice in the drawbridge regulations have been found the Douglas O. Mead (Union Avenue) Federal Register. not to have a significant effect on the Bridge, mile 13.2, at Rutherford, across environment. A written ‘‘Categorical the Passaic River, in New Jersey. The Background Exclusion Determination’’ is available in brige owner has asked the Coast Guard The Harold J. Dillard (Court Street) the docket for inspection or copying to change the regulations for these Bridge, mile 16.2, across the Hackensack where indicated under ADDRESSES. bridges to require a four-hour advance River in Hackensack, New Jersey, has a List of Subjects in 33 CFR Part 117 notice for openings at all times because vertical clearance of 3 feet at mean high there have been few requests to open water and 8 feet at mean low water. The Bridges. these bridges since 1994. This Douglas O. Mead (Union Avenue) Regulations rulemaking is expected to relieve the Bridge, mile 13.2, across the Passaic bridge owner of the burden of crewing For the reasons set out in the River, in Rutherford, New Jersey, has a the bridges at all times while meeting vertical clearance of 13 feet at mean preamble, the Coast Guard proposes to the reasonable needs of navigation. amend 33 CFR part 117 as follows: high water and 18 feet at mean low DATES: Comments must reach the Coast water. The Avondale Bridge, mile 10.7, PART 117ÐDRAWBRIDGE Guard on or before October 12, 1999. across the Passaic River in Lyndhurst, OPERATION REGULATIONS ADDRESSES: You may mail comments to New Jersey, has a vertical clearance of Commander (obr), First Coast Guard 7 feet at mean high water and 12 feet at 1. The authority citation for part 117 District, 408 Atlantic Avenue, Boston, mean low water. continues to read as follows: MA. 02110–3350, or deliver them at the The existing operating regulations for Authority: 33 U.S.C. 499; 49 CFR 1.46; 33 same address between 7 a.m. and 4 the Harold J. Dillard (Court Street) CFR 1.05–1(g); section 117.255 also issued p.m., Monday through Friday, except Bridge listed at § 117.723(g) require the
VerDate 18-JUN-99 10:13 Aug 12, 1999 Jkt 183247 PO 00000 Frm 00012 Fmt 4702 Sfmt 4702 E:\FR\FM\A13AU2.002 pfrm04 PsN: 13AUP1 Federal Register / Vol. 64, No. 156 / Friday, August 13, 1999 / Proposed Rules 44149 bridge to open on signal from 7 a.m. to Guard expects the economic impact of Exclusion Determination’’ is not 11 p.m. From 11 p.m. to 7 a.m., and at this proposed rule to be so minimal that required for this proposed rule. all times on weekends and Federal a full Regulatory Evaluation, under List of Subjects in 33 CFR Part 117 holidays, the draw shall open on signal paragraph 10e of the regulatory policies if at least eight hours notice is given. and procedures of DOT, is unnecessary. Bridges. The existing operating regulations for This conclusion is based on the fact that Regulations the Douglas O. Mead (Union Avenue) these bridges have had few requests to Bridge listed at § 117.739(o) require the open since 1994. Mariners will continue For the reasons set out in the bridge to open on signal; except that, to obtain bridge openings provided they preamble, the Coast Guard proposes to from 4 p.m. to 8 a.m., the draw shall give four-hour notice. amend 33 CFR part 117 as follows: open if at least eight hours notice is Small Entities PART 117ÐDRAWBRIDGE given. The existing operating OPERATION REGULATIONS regulations for the Avondale Bridge Under the Regulatory Flexibility Act listed at § 117.739(1) require the bridge (5 U.S.C. 601 et seq.), the Coast Guard 1. The authority citation for part 117 to open on signal; except that, notice considers whether this proposed rule, if continues to read as follows: must be given before 2:30 a.m. for adopted, will have a significant Authority: 33 U.S.C. 499; 49 CFR 1.46; 33 openings between 3 a.m. and 8:30 a.m. economic impact on a substantial CFR 1.05–1(g); section 117.255 also issued and before 2:30 p.m. for openings number of small entities. ‘‘Small under the authority of Pub. L. 102–587, 106 between 4:30 p.m. and 7 p.m. entities’’ include small businesses, not- Stat. 5039. The bridge owner, the County of for-profit organizations that are 2. Section 117.723(g) is revised to Bergen, has asked the Coast Guard to independently owned and operated and read as follows: change the regulations for these bridges are not dominant in their fields, and to require a four-hour advance notice for governmental jurisdictions with § 117.723 Hackensack River openings at all times. populations of less than 50,000. * * * * * The bridges’ log data indicates that Therefore, the Coast Guard certifies (g) The draw of the Harold J. Dillard the Harold J. Dillard (Court Street) under section 5 U.S.C. 605(b), for the Memorial (Court Street) Bridge, mile Bridge and Douglas O. Mead (Union reasons discussed in the Regulatory 16.2, at Hackensack, shall open on Avenue) Bridge have not received a Evaluation section above, that this signal if at least four hours notice is request to open since 1994. The proposed rule, if adopted, will not have given. Avondale Bridge had 8 openings in a significant economic impact on a * * * * * 1996, 4 openings in 1997, 2 openings in substantial number of small entities. If, 3. Section 117.39(l) and (o) are revised 1998, and no openings thus far in 1999. however, you think that your business to read as follows: Discussion of Proposal or organization qualifies as a small entity and that this proposed rule will § 117.739 Passiac River The Coast Guard proposes to revise have a significant impact on your * * * * * the operating rules governing the Harold business or organization, please submit (l) The draw of the Avondale Bridge, J. Dillard (Court Street) Bridge, listed at a comment (see ADDRESSES) explaining mile 10.7, at Lyndhurst, shall open on 33 CFR 117.723(g), for the Hackensack why you think it qualifies and in what signal if at least four hours notice is River and the operating rules for the way and to what degree this proposed given. Avondale and Douglas O. Mead (Union rule will economically affect it. * * * * * Avenue) bridges listed at 33 CFR (o) The draw of the Douglas O. Mead, 117.739 (l) and (o), respectively, for the Collection of Information (Union Avenue) Bridge, mile 13.2, shall Passaic River. This proposal will require This proposed rule does not provide open on signal if at least four hours all three bridges to open on signal at all for a collection of information under the notice is given. times if at least four-hours notice is Paperwork Education Act of 1995 (44 * * * * * given. The advance notice requirements U.S.C. 3501 et seq.). Dated: July 29, 1999. shall be posted at the bridges in Federalism R.M. Larrabee, accordance with 33 CFR 117.55(c) of Rear Admiral, U.S. Coast Guard, Commander, this chapter. This proposal will relieve The Coast Guard has analyzed this First Coast Guard District. the bridge owner of the requirement to proposed rule in accordance with the [FR Doc 99–20956 Filed 8–12–99; 8:45 am] have personnel crew the bridges and principles and criteria contained in BILLING CODE 4910±15±M still meet the needs of navigation. Executive Order 12612 and has The Coast Guard believes this determined that this proposed rules proposal is reasonable based upon the does not have sufficient implications for DEPARTMENT OF TRANSPORTATION low number of opening requests federalism to warrant the preparation of received since 1994. a Federalism Assessment. Coast Guard Regulatory Evaluation Environment 33 CFR Part 117 This proposed rule is not a significant The Coast Guard considered the [CGD01±99±087] regulatory action under section 3(f) of environmental impact of this proposed Executive Order 12866 and does not rule and concluded that, under Section RIN 2115±AE47 require an assessment of potential costs 2.B.2., Figure 2–1, paragraph (32)(e), of and benefits under section 6(a)(3) of that Commandant Instruction M16475.1C, Drawbridge Operation Regulations; Order. It has not been reviewed by the this proposed rule is categorically Niantic River, CT Office of Management and Budget under excluded from further environmental AGENCY: Coast Guard, DOT. that Order. It is not significant under the documentation because promulgation of ACTION: Notice of proposed rulemaking. regulatory policies and procedures of drawbridge regulations has been found the Department of Transportation (DOT) not to have a significant effect on the SUMMARY: The Coast Guard proposes to (44 FR 11040; Feb. 26, 1979). The Coast environment. A written ‘‘Categorical change the operating rules governing the
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S156 Bridge, mile 0.1, across the Niantic Background This conclusion is based on the fact that River, at Niantic, Connecticut. The The S156 Bridge, mile 0.1, across the the bridge has not had any requests to bridge owner asked the Coast Guard to Niantic River, at Niantic, Connecticut, open in 1998 and 1999, December change the regulations to require a six has a vertical clearance of 9 feet at mean through March, from 8 p.m. to 4 a.m. hour advance notice for openings at high water and 12 feet at mean low Mariners will still be able to obtain night during the winter months because water. bridge openings during the regulated there have been no requests to open the The existing operating regulations time period provided they give six-hour bridge during that time period. This listed at 33 CFR 117.215(b) require the notice. rulemaking is expected to relieve the bridge to open on signal; except that, Small Entities bridge owner of the burden of crewing from 7 a.m. to 8 a.m., and 4 p.m. to 5 Under the Regulatory Flexibility Act the bridge at all times while meeting the p.m., Monday through Friday, except reasonable needs of navigation. (5 U.S.C. 601 et seq.), the Coast Guard holidays, the draw shall open only for considers whether this proposed rule, if DATES: Comments must reach the Coast the passage of commercial vessels. Guard on or before October 12, 1999. adopted, will have a significant The owner of the bridge, the economic impact on a substantial ADDRESSES: You may mail comments to Connecticut Department of number of small entities. ‘‘Small Commander (obr), First Coast Guard Transportation (CONNDOT) has asked entities’’ include small businesses, not- District, 408 Atlantic Avenue, Boston, the Coast Guard to change the for-profit organizations that are MA 02110–3350, or deliver them at the regulations to require a six-hour independently owned and operated and same address between 7 a.m. and 4 advance notice for openings from 8 p.m. are not dominant in their fields, and p.m., Monday through Friday, except to 4 a.m., December 1 through March 31. governmental jurisdictions with Federal holidays. The telephone number The bridge opening log data for 1998 populations of less than 50,000. is (617) 223–8364. The First Coast and 1999, December through March, 8 Therefore, the Coast Guard certifies Guard District Bridge Branch maintains p.m. to 4 a.m., indicate no requests to under section 5 U.S.C. 605(b), for the the public docket for this rulemaking. open the bridge. reasons discussed in the Regulatory Comments and documents as indicated Evaluation section above, that this in this preamble will become part of this Discussion of Proposal proposed rule, if adopted, will not have docket and will be available for The Coast Guard proposes to revise a significant economic impact on a inspection or copying at the above the operating rules, listed at 33 CFR substantial number of small entities. If, address 7 a.m. to 3 p.m. Monday 117.215(b), which govern the S156 however, you think that your business through Friday, except Federal holidays. Bridge, mile 0.1, across the Niantic or organization qualifies as a small FOR FURTHER INFORMATION CONTACT: River. This change will require the Mr. entity and that this proposed rule will bridge to open on signal; except that, John W. McDonald, Project Officer, First have a significant economic impact on from 7 a.m. to 8 a.m., and from 4 p.m. Coast Guard District, (617) 223–8364. your business or organization, please to 5 p.m., Monday through Friday, SUPPLEMENTARY INFORMATION: submit a comment (see ADDRESSES) except holidays, the draw shall open explaining why you think it qualifies Request for Comments only for the passage of commercial and in what way and to what degree this The Coast Guard encourages vessels. From December 1 through proposed rule will economically affect interested persons to participate in this March 31, from 8 p.m. to 4 a.m., the it. rulemaking by submitting written data, draw shall open on signal if at least six- views, or arguments. Persons submitting hour advance notice is given. This Collection of Information comments should include their names proposal will relieve the bridge owner This proposed rule does not provide and addresses, identify this rulemaking of the requirement to crew the bridge at for a collection of information under the (CGD01–99–087) and the specific night during the winter months while Paperwork Reduction Act of 1995 (44 section of this document to which each meeting the reasonable needs of U.S.C. 2501 et seq.). comment applies, and give the reason navigation. for each comment. Please submit two The Coast Guard believes this Federalism copies of all comments and attachments proposal is reasonable because there The Coast Guard has analyzed this in an unbound format, no larger than have been no requests to open the proposed rule in accordance with the 81⁄2 by 11 inches, suitable for copying bridge at night during the winter principles and criteria contained in and electronic filing. Persons wanting months. Executive Order 12612 and has acknowledgment of receipt of comments Regulatory Evaluation determined that this proposed rule does should enclose a stamped, self- not have sufficient implications for addressed postcard or envelope. This proposed rule is not a significant federalism to warrant the preparation of The Coast Guard will consider all regulatory action under section 3(f) of a Federalism Assessment. comments received during the comment Executive Order 12866 and does not period. It may change this proposed rule require an assessment of potential costs Environment in view of the comments. and benefits under section 6(a)(3) of that The Coast Guard considered the The Coast Guard plans no public Order. It has not been reviewed by the environmental impact of this proposed hearing. Persons may request a public Office of Management and Budget under rule and concluded that, under Section hearing by writing to the address under that Order. It is not significant under the 2.B.2., Figure 2–1, paragraph (32)(e), of ADDRESSES. The request should include regulatory policies and procedures of Commandant Instruction M16475.1C, the reasons why a hearing would be the Department of Transportation (DOT) this proposed rule is categorically beneficial. If it determines that the (44 FR 11040; Feb. 26, 1979). The Coast excluded from further environmental opportunity for oral presentations will Guard expects the economic impact of documentation because promulgation of aid this rulemaking, the Coast Guard this proposed rule to be so minimal that drawbridge regulations have been found will hold a public hearing at a time and a full Regulatory Evaluation, under not to have a significant effect on the place announced by a later notice in the paragraph 10e of the regulatory policies environment. A written ‘‘Categorical Federal Register. and procedures of DOT, is unnecessary. Exclusion Determination’’ is available in
VerDate 18-JUN-99 10:13 Aug 12, 1999 Jkt 183247 PO 00000 Frm 00014 Fmt 4702 Sfmt 4702 E:\FR\FM\A13AU2.006 pfrm04 PsN: 13AUP1 Federal Register / Vol. 64, No. 156 / Friday, August 13, 1999 / Proposed Rules 44151 the docket for inspection or copying bridge during that time period. This The existing operating regulations for where indicated under ADDRESSES. rulemaking is expected to relieve the the bridge listed at § 117.219(b) require bridge owner of the burden of crewing it to open on signal; except that, from List of Subjects in 33 CFR Part 117 the bridge at all times while meeting the 6:45 a.m. to 7:15 a.m., 7:45 a.m. to 8:15 Bridges. reasonable needs of navigation. a.m., 11:45 a.m. to 1:15 p.m., and 4:30 Regulations DATES: Comments must reach the Coast p.m. to 6:10 p.m., the draw need not Guard on or before October 12, 1999. open for the passage of vessels. For the reasons set out in the The owner of the bridge, the ADDRESSES: You may mail comments to preamble, the Coast Guard proposes to Connecticut Department of Commander (obr), First Coast Guard amend 33 CFR part 117 as follows: Transportation (CONNDOT), has asked District, 408 Atlantic Avenue, Boston, the Coast Guard to change the MA 02110–3350, or deliver them at the PART 117ÐDRAWBRIDGE regulations to require a six hour notice same address between 7 a.m. and 4 OPERATION REGULATIONS for openings from December 1 through p.m., Monday through Friday, except March 31, 8 p.m. to 4 a.m. The bridge 1. The authority citation for part 117 Federal holidays. The telephone number opening log data for 1998 and 1999, continues to read as follows: is (617) 223–8364. The First Coast December through March, indicate the Guard District Bridge Branch maintains Authority: 33 U.S.C. 499; 49 CFR 1.46; 33 following number of openings during CFR 1.05–1(g); section 117.255 also issued the public docket for this rulemaking. the time period, 8 p.m. to 4 a.m.: under the authority of Pub. L. 102–587, 106 Comments and documents as indicated Stat. 5039. December 0, N/A, January 0, 0, February in this preamble will become part of this 2, 1, March 1, 2, respectively. 2. Section 117.215(b) is revised to docket and will be available for read as follows: inspection or copying at the above Discussion of Proposal address 7 a.m. to 3 p.m., Monday The Coast Guard proposes to revise § 117.215 Niantic River. through Friday, except Federal holidays. the operating rules, listed at 33 CFR * * * * * FOR FURTHER INFORMATION CONTACT: Mr. 117.219(b), which govern the Stratford (b) The draw of the S156 Bridge, mile John W. McDonald, Project Officer, First Avenue Bridge, mile 0.1, across the 0.1, at Niantic, shall open on signal; Coast Guard District, (617) 223–8364. Pequonnock River. This change will except that, from 7 a.m. to 8 a.m., and SUPPLEMENTARY INFORMATION: require the bridge to open on signal; 4 p.m. to 5 p.m., Monday through except that, from 6:45 a.m. to 7:15 a.m., Friday, except holidays, the draw shall Request for Comments 7:45 a.m. to 8:15 a.m., 11:45 a.m. to 1:15 open only for the passage of commercial The Coast Guard encourages p.m., and 4:30 p.m. to 6:10 p.m., the vessels. From December 1 through interested persons to participate in this draw need not open for the passage of March 31, from 8 p.m. to 4 a.m., the rulemaking by submitting written data, vessels. From December 1 through draw shall open on signal if at least six views, or arguments. Persons submitting March 31, from 8 p.m. to 4 a.m., the hours notice is given by calling the comments should include their names draw shall open on signal if at least six number posted at the bridge. and addresses, identify this rulemaking hour notice is given. This proposal will * * * * * (CGD01–99–086) and the specific relieve the bridge owner of the Dated: July 29, 1999. section of this document to which each requirement to crew the bridge during R.M. Larrabee, comment applies, and give the reason the winter months and meet the needs Rear Admiral, U.S. Coast Guard, Commander, for each comment. Please submit two of navigation. The reference in the First Coast Guard District. copies of all comments and attachments existing regulations to sound signals for [FR Doc. 99–20957 Filed 8–12–99; 8:45 am] in an unbound format, no larger than bridge openings is being removed 1 BILLING CODE 4910±15±M 8 ⁄2 by 11 inches, suitable for copying because it is now listed at § 117.15 of and electronic filing. Persons wanting this chapter. acknowledgement of receipt of The Coast Guard believes this DEPARTMENT OF TRANSPORTATION comments should enclose a stamped, proposal is reasonable based upon the self-addressed postcard or envelope. low number of opening requests at night Coast Guard The Coast Guard will consider all during the winter months. comments received during the comment Regulatory Evaluation 33 CFR Part 117 period. It may change this proposed rule [CGD01±99±086] in view of the comments. This proposed rule is not a significant The Coast Guard plans no public regulatory action under section 3(f) of RIN 2115±AE47 hearing. Persons may request a public Executive Order 12866 and does not require an assessment of potential costs Drawbridge Operation Regulations; hearing by writing to the address under and benefits under section 6(a)(3) of that Pequonnock River, CT ADDRESSES. The request should include the reasons why a hearing would be Order. It has not been reviewed by the AGENCY: Coast Guard, DOT. beneficial. If it determines that the Office of Management and Budget under ACTION: Notice of proposed rulemaking. opportunity for oral presentations will that Order. It is not significant under the aid this rulemaking, the Coast Guard regulatory policies and procedures of SUMMARY: The Coast Guard proposes to will hold a public hearing at a time and the Department of Transportation (DOT) change the operating rules governing the place announced by a later notice in the (44 FR 11040; Feb. 26, 1979). The Coast Stratford Avenue Bridge, mile 0.1, Federal Register. Guard expects the economic impact of across the Pequonnock River at this proposed rule to be so minimal that Bridgeport, Connecticut. The bridge Background a full Regulatory Evaluation, under owner asked the Coast Guard to change The Stratford Avenue Bridge, mile paragraph 10e of the regulatory policies the regulations to require a six hour 0.1, across the Pequonnock River at and procedures of DOT, us unnecessary. advance notice for openings during the Bridgeport, Connecticut, has a vertical This conclusion is based on the fact that winter months at night because there clearance of 8 feet at mean high water the bridge has not had many requests to have been few requests to open the and 14 feet at mean low water. open overnight during the winter
VerDate 18-JUN-99 10:13 Aug 12, 1999 Jkt 183247 PO 00000 Frm 00015 Fmt 4702 Sfmt 4702 E:\FR\FM\A13AU2.007 pfrm04 PsN: 13AUP1 44152 Federal Register / Vol. 64, No. 156 / Friday, August 13, 1999 / Proposed Rules months. Mariners will still be able to Regulations a noncontroversial revision amendment obtain bridge openings during the For the reasons set out in the and anticipate no adverse comments. A regulated time period provided they preamble, the Coast Guard proposes to detailed rationale for the approval is set give six-hour notice. amend 33 CFR part 117 as follows: forth in the direct final rule. If no adverse comments are received in Small Entities PART 117ÐDRAWBRIDGE response to this rule, no further activity Under the Regulatory Flexibility Act OPERATION REGULATIONS is contemplated in relation to this rule. (5 U.S.C. 601 et seq.). the Coast Guard If we receive adverse comments, the considers whether this proposed rule, if 1. The authority citation for part 117 direct final rule will be withdrawn and adopted, will have a significant continues to read as follows: all public comments received will be economic impact on a substantial Authority: 33 U.S.C. 499; 49 CFR 1.46; 33 addressed in a subsequent final rule number of small entities. Small entities CFR 1.05–1(g); section 117.255 also issued based on this proposed rule. We will not include small businesses, not-for-profit under the authority of Pub. L. 102–587, 106 institute a second comment period on organizations that are independently Stat. 5039. this action. Any parties interested in owned and operated and are not 2. Section 117.219(b) is revised to commenting on this action should do so dominant in their fields, and read as follows: at this time. governmental jurisdictions with § 117.219 Pequonnock River populations of less than 50,000. DATES: Comments must be received by Therefore, the Coast Guard certifies * * * * * September 13, 1999. (b) The Stratford Avenue Bridge, mile under section 5 U.S.C. 605(b), for the ADDRESSES: Written comments should reasons discussed in the Regulatory 0.1, at Bridge port, shall open on signal; be sent to: Carlton T. Nash, Chief, Evaluation section above, that this except that, from 6:45 a.m. to 7:15 a.m., Regulation Development Section, Air proposed rule, if adopted, will not have 7:45 a.m. to 8:15 a.m., 11:45 a.m. to 1:15 Programs Branch (AR–18J), EPA Region a significant economic impact on a p.m., and 4:30 p.m. to 6:10 p.m., the 5, 77 West Jackson Boulevard, Chicago, substantial number of small entities. If, draw need not open for the passage of Illinois 60604–3590. however, you think that your business vessels. From December 1 through March 31, from 8 p.m. to 4 a.m., the FOR FURTHER INFORMATION CONTACT: or organization qualifies as a small Christos Panos, Regulation Development entity and that this proposed rule will draw shall open on signal if at least six hours notice is given by calling the Section, Air Programs Branch (AR–18J), have a significant economic impact on EPA Region 5, 77 West Jackson your business or organization, please number posted at the bridge. * * * * * Boulevard, Chicago, Illinois 60604, submit a comment (see ADDRESSES) (312) 353–8328. explaining why you think it qualifies Dated: July 29, 1999. and in what way and to what degree this R.M. Larrabee, SUPPLEMENTARY INFORMATION: For proposed rule will economically affect Rear Admiral, U.S. Coast Guard Commander, additional information, see the Direct it. First Coast Guard District. Final notice which is located in the [FR Doc. 99–20959 Filed 8–12–99 8:45 am] Rules section of this Federal Register. Collection of Information BILLING CODE 4910±15±M Copies of the request and the EPA’s This proposed rule does not provide analysis are available for inspection at for a collection of information under the the above address. (Please telephone Paperwork Reduction Act of 1995 (44 ENVIRONMENTAL PROTECTION Christos Panos at (312) 353–8328 before U.S.C. 3501 et seq.). AGENCY visiting the Region 5 Office.) Authority: 42 U.S.C. 7401 et seq. Federalism 40 CFR Part 52 The Coast Guard has analyzed this Dated: July 22, 1999. [MN44±02±7269b; FRL±6415±1] proposed rule in accordance with the Jerri-Anne Garl, principles and criteria contained in Approval and Promulgation of Acting Regional Administrator, Region 5. Executive Order 12612 and has Implementation Plans; Minnesota [FR Doc. 99–20548 Filed 8–12–99; 8:45 am] determined that this proposed rule does BILLING CODE 6560±50±P not have sufficient implications for AGENCY: Environmental Protection federalism to warrant the preparation of Agency (EPA). a Federalism Assessment. ACTION: Proposed rule. DEPARTMENT OF TRANSPORTATION Environment SUMMARY: We are proposing to approve The Coast Guard considered the a supplemental revision to the Maritime Administration environmental impact of this proposed Minnesota State Implementation Plan rule and concluded that, under Section (SIP) for the Saint Paul particulate 46 CFR Part 298 2.B.2., Figure 2–1, paragraph (32)(e), of matter (PM) nonattainment area, located Commandant Instruction M16475.1C, in Ramsey County Minnesota. The [Docket No. MARAD±98±3468] this proposed rule is categorically supplemental SIP was submitted by the excluded from further environmental State for the purpose of bringing about RIN 2133±AB14 documentation because promulgation of the attainment of the PM National drawbridge regulations have been found Ambient Air Quality Standards Putting Customers First in the Title XI not to have a significant effect on the (NAAQS) and is in response to our July Program environment. A written ‘‘Categorical 22, 1997, conditional approval (62 FR AGENCY: Maritime Administration, Exclusion Determination’’ is available in 39120), of a February 9, 1996 SIP Department of Transportation. the docket for inspection or copying revision for Red Rock Road. In the final where indicated under ADDRESSES. rules section of this Federal Register, ACTION: Notice of Proposed Rulemaking. we are conditionally approving the SIP List of Subjects in 33 CFR part 117 revision as a direct final rule without SUMMARY: The Maritime Administration Bridges. prior proposal, because we view this as (‘‘MARAD’’) is seeking public comment
VerDate 18-JUN-99 16:20 Aug 12, 1999 Jkt 183247 PO 00000 Frm 00016 Fmt 4702 Sfmt 4702 E:\FR\FM\13AUP1.XXX pfrm07 PsN: 13AUP1 Federal Register / Vol. 64, No. 156 / Friday, August 13, 1999 / Proposed Rules 44153 on a proposed rule which modifies How can I be sure that my comments • After typing the docket number, certain provisions of the existing were received? click on ‘‘search.’’ • regulations which implement Title XI of If you wish Docket Management to On the next page, which contains the Merchant Marine Act, 1936, as notify you upon its receipt of your docket summary information for the amended (‘‘Act’’). This rule intends to comments, enclose a self-addressed, docket you selected, click on the desire improve administration of the Title XI stamped postcard in the envelope comments. program. Title XI guarantees are issued • You may download the comments. containing your comments. Upon Please note that even after the for all types of vessel construction and receiving your comments, Docket shipyard modernization and comment closing date, we will continue Management will return the postcard by to file relevant information in the improvement projects, except for fishing mail. vessels. The part of the Title XI program Docket as it becomes available. Further, related to fishing vessels is administered How do I submit confidential business some people may submit late comments. by the National Oceanic and information? Accordingly, we recommend that you Atmospheric Administration of the U.S. If you wish to submit any information periodically check the Docket for new Department of Commerce. under a claim of confidentiality, you material. should submit three copies of your Title XI of the Act authorizes the DATES: You should submit your complete submission, including the Secretary of Transportation (Secretary) comments early enough to ensure that information you claim to be confidential to guarantee debt issued for the purpose Docket Management receives them not business information, to the MARAD of financing or refinancing: (a) the later than September 13, 1999. Chief Counsel at the address given construction, reconstruction or reconditioning of U.S.-flag vessels or ADDRESSES: You should mention the above under FOR FURTHER INFORMATION eligible export vessels built in United docket number that appears at the top CONTACT. In addition, you should States shipyards, and (b) the of this document and submit your submit two copies, from which you have deleted the claimed confidential construction of advanced shipbuilding written comments to: Docket technology and modern shipbuilding Management, Room PL–401, business information, to Docket Management at the address given above technology of a general shipyard facility Department of Transportation, 400 located in the United States. You should Seventh Street, S.W., Washington, D.C. under ADDRESSES. When you send a comment containing information submit Title XI applications to MARAD 20590. You may call Docket acting under authority delegated by the Management at (202) 366–9324. claimed to be confidential business information, you should include a cover Secretary to the Maritime Comments may also be submitted by Administrator. Prior to execution of a electronic means via the Internet at letter setting forth with specificity the basis for any such claim. guarantee, we must, among other things, http://dmses.dot.gov/submit/. You may make determinations of economic visit the docket room to inspect and Will the agency consider late soundness of the project, and your copy documents at the above address comments? financial and operating capability. The from 10 a.m. to 5 p.m., local time, We will consider all comments that Title XI program enables you to obtain Monday through Friday, except on long-term financing on terms and Federal holidays. An electronic version Docket Management receives before the close of business on the comment conditions that may otherwise not be of this document is available on the available. World Wide Web at http://dms.dot.gov. closing date indicated above under DATES. To the extent possible, we will National Performance Review FOR FURTHER INFORMATION CONTACT: You also consider comments that Docket may call Mitchell D. Lax of the MARAD Management receives after that date. If In response to a 1993 Office of Ship Financing, at (202) 366– Docket Management receives a comment recommendation from Vice President 5744, or you may write to him at the too late for us to consider it in Gore’s National Performance Review following address: MAR–530, Room developing a final rule, we will consider team, President Clinton issued 8122, 400 Seventh Street, S.W., that comment as an informal suggestion Executive Order 12862, September 11, Washington, D.C. 20590. for future rulemaking action. 1993, calling for a revolution within the Federal Government to change the way SUPPLEMETARY INFORMATION: How can I read the comments submitted it does business by putting customers Comments by other people? first and striving for a customer-driven You may read the comments received government that matches or exceeds the How do I prepare and submit by Docket Management at the address best service available in the private comments? given above under ADDRESSES. The sector. In October 1997, the National Performance Review team reported that Your comments must be written and hours of the Docket Room are indicated above in the same location. Federal agencies, implementing the in English. To ensure that your Executive Order, had launched a comments are correctly filed in the You may also see the comments on the Internet. To read the comments on massive effort to improve governmental Docket, please include the docket service and had made a noticeable number of this document in your the Internet, take the following steps: • Go to the Docket Management difference. comments. We encourage you to write System (DMS) Web page of the On December 1, 1997, in a your primary comments in a concise Department of Transportation (http:// memorandum to heads of Operating fashion. However, you may attach dms.dot.gov/). Administrations and Departmental necessary additional documents to your • On that page, click on ‘‘search.’’ offices at the United States Department comments. There is no limit on the • On the next page (http:// of Transportation, Secretary of length of the attachments. dms.dot.gov/search/), type in the four- Transportation Rodney E. Slater urged Please submit two copies of your digit docket number shown at the all Departmental offices and heads of comments, including the attachments, beginning of this document. Example: If Operating Administrations to ask their to Docket Management at the address the docket number were ‘‘MARAD– customers what is important to them in given above under ADDRESSES. 1999–1234,’’ you would type ‘‘1234.’’ the kinds and quality of services they
VerDate 18-JUN-99 10:13 Aug 12, 1999 Jkt 183247 PO 00000 Frm 00017 Fmt 4702 Sfmt 4702 E:\FR\FM\A13AU2.014 pfrm04 PsN: 13AUP1 44154 Federal Register / Vol. 64, No. 156 / Friday, August 13, 1999 / Proposed Rules want and what is their level of the comments we received by nine determinations. We also solicited satisfaction with existing services. commenters on the ANPRM which are comments on whether the financial Secretary Slater emphasized that it is divided into the above-mentioned requirements pose impractical or ‘‘this customer feedback that will be the categories, with the omission of the excessive tests and on suggested basis for improving, revising, adding, or categories concerning the application changes to the regulations. deleting standards when it makes sense form and closing documentation, for the With regard to the financial and, ultimately, for helping us become reason previously discussed. information requirements, comments a more customer focused DOT.’’ were received concerning the Applicant and Operator Qualifications requirement that, in the case of an ANPRM We solicited your comments as to eligible export vessel application, the We published an advanced notice of whether the requirements for applicant may provide financial proposed rulemaking (ANPRM) on information on the your and/or your information in the normal accounting February 17, 1998, in the Federal operator’s qualifications referenced in system you are using provided that it is Register (63 FR 7744) and are now section 298.12 are unnecessary, an accepted accounting system in your issuing this notice of proposed redundant or not generally required in country of origin and provided that you rulemaking concerning program commercial transactions of this type. submit a reconciliation of the major administration and how it can be Additionally, we solicited your differences between the accounting improved. The ANPRM requested that comments as to whether the system employed and U.S. Generally you provide us with your views about requirements ask sufficient information Accepted Accounting Principles how the Title XI program is to permit us to screen out inexperienced (GAAP). Several commenters believe administered and how it could be and inappropriate applicants and that the requirement for reconciliation improved. Specifically, we solicited operators. Finally, we solicited of financial statements with GAAP is comments on ten sets of questions, comments on what specific changes, if time-consuming, burdensome, and which can be grouped into the following any, you thought should be made to the unnecessary. One commenter stated that general categories: Title XI regulations. we should either have the ability to • The standard application Form As a general matter, you stated that analyze the financial statements as MA–163, including the requirement for too much information is required in prepared by the applicant or should vessel plans and specifications. section 298.12 regarding the applicant’s retain an accounting firm to handle the • The requirements for information and operator’s qualifications, reconciliation to GAAP. Other on your and/or your operator’s particularly for established companies commenters stated that we should qualifications. and exceeds that ordinarily requested in accept statements prepared in • The requirements for financial commercial transactions. One accordance with international information and certain financial tests. commenter stated that this section is accounting standards. • The requirements for information largely formatted and phrased for U.S. We received several comments on the on economic soundness and the based firms and should be rewritten to question of whether the financial economic soundness criteria. focus more broadly on the global requirements in section 298.13 pose • The inclusion in the Title XI community. The commenter suggested impractical or excessive tests. One regulations of the provisions of that national shipping or shipbuilder’s commenter stated that any significant Maritime Administrative Order (MAO) associations could endorse an changes to the financial requirements to No. 520–1, Amendment 2. applicant’s qualifications. Another make them more lenient would be • The documentation requirements commenter stated that listing all vessels unfair to previous applicants who were for a closing on a commitment to owned and operated is unnecessary as required to meet, and would still be guarantee obligations. a brief statement for each type of subject to, the existing requirements. On July 30, 1998, a notice was equipment with the number and average Another commenter thought that the published in the Federal Register vessel age should suffice. The existing qualifying requirements were advising that the Title XI application commenter also maintained that naming too rigid and not current with form and closing documentation had each officer, director, and their commercial practice which focuses on been modified. The modifications were principal business activity for the past coverage ratios. A third commenter made after consideration of your five years is unnecessary as operational stated that MARAD needs to assess an comments received in response to the proficiency of company personnel is applicant’s market share or its balance ANPRM and the notice invited your addressed under the economic sheet but not both. further comments on the modifications. soundness section of the regulations. With respect to specific requirements, Comments on the proposals were due by Regarding the applicant and operator one commenter believes that the the end of August, 1998. Because most qualification requirements, one requirement for the Owner as Operator of the revisions of the application form commenter stated that tough to maintain an equity level of 90 percent and the closing documentation are not requirements should be maintained to of the equity as shown on its most within the scope of this rulemaking, ensure that the Title XI project fosters recent audited financial statement your comments received on these issues long term Title XI goals. Another should be eliminated because this are not discussed herein, except to the commenter suggested that the requirement is excessively restrictive to limited extent that certain of the shipowner’s operating ability should be the Owner; the requirement of a 2:1 debt application and documentation addressed only insofar as it bears on to equity ratio as well as the working requirements are contained in the Title market-share viability and preserving capital requirements should be XI regulations. the ship asset value. sufficient to ensure debt repayment. The ANPRM stated that any changes Another commenter believes that we to the existing regulation that we Financial Requirements should be more flexible with regard to proposed would be the subject of a We asked whether the financial the requirement for subordination of future notice of proposed rulemaking. information requested in section 298.13 debt considered as equity. Our proposed changes are the subject of is unnecessary or redundant and if it is We received some comments this rule. The following is a summary of sufficient to permit us to make valid concerning the need for a waiver for the
VerDate 18-JUN-99 16:20 Aug 12, 1999 Jkt 183247 PO 00000 Frm 00018 Fmt 4702 Sfmt 4702 E:\FR\FM\13AUP1.XXX pfrm07 PsN: 13AUP1 Federal Register / Vol. 64, No. 156 / Friday, August 13, 1999 / Proposed Rules 44155 inclusion of foreign material in vessel the borrower will have the ability to obtaining business by expediting the actual cost. One commenter repay the Title XI debt but also at the Title XI review process and approving recommended that all exclusions of overall financial strength of the more risky projects. Finally, a foreign components and services in applicant. Two commenters said that commenter suggested that we consider Title XI financing be waived so that U.S. the economic soundness should be disclosing to all applicants the range of shipyards have the greatest opportunity judged not only on the applicant’s fees charged by bond underwriters and to attract new foreign customers. The ability to ultimately repay the the customary spread over the Treasury commenter stated that many foreign obligations but also upon the ability to curve. shipowners specify outfitting, successfully operate the project as a We advised in the ANPRM that, to propulsion, bridge electronics or stand-alone project. Another respondent seek further clarification of the written accommodation items that are original said that the applicant’s demonstrated issues raised in response to the ANPRM, equipment manufactured in foreign ability to repay its debts should be our we may subsequently hold a public countries in large part because the U.S. primary criteria for approval and that meeting if we believe that such a manufacturing industry has stopped we should place a greater emphasis on meeting would be helpful. Following a producing the items or does not meet the applicant’s overall credit and review of the detailed and specific global standards. The commenter stated operational quality as opposed to the comments received in response to the that ‘‘principles that apply to economic soundness of a project. One ANPRM, we have determined that such automobiles or computers may be commenter said that the economic a public meeting is not necessary. considered so that the U.S. steel, soundness criteria should consider the Whenever reference is made in these assembly labor and overhead costs are overall corporate entity rather than the regulations to forms prescribed by us for the principal factors required for Title specific project. Two respondents stated applications or other filing XI guarantees. When the U.S. share of that the criteria should be tailored to the requirements, the format of such forms the global shipbuilding market specific purpose of the application in effect prior to the effective date of approaches five percent, then the (vessel financing vs. shipyard these regulations may be used pending existing restrictions could be modernization). revision and issuance of new forms, reevaluated and reapplied.’’ Another MAO 520–1, Amendment 2 which must be approved by the Office commenter believes that the exclusion We solicited as to whether the of Management and Budget. To the of foreign content from actual cost is extent necessary to reflect statutory seen as arrogant in the international provisions of MAO 520–1, Amendment 2, should be included in the regulations. requirements, any form submitted may marketplace and adds difficulty to be modified or supplemented to selling for export. The commenter states The administrative guidelines in the MAO were intended to clarify our facilitate processing, but until new that a foreign buyer often has a distinct forms have been approved, these main engine preference because of his existing policies and procedures with regulations do not require more existing fleet and usually wants respect to economic considerations extensive paperwork or reporting equipment he can resupply or repair employed in evaluating Title XI requirements than exist under the locally. The commenter recommended applications. present Title XI regulations. that we scrap the foreign content waiver Four commenters stated that the MAO or revise it to conform to the Export- provisions should be incorporated into Discussion of Rulemaking Text Import Bank’s 15 percent foreign the Title XI regulations to provide The discussion that follows notes content allowance with no waiver and clarification and additional information where changes are proposed to be made a higher percentage with a waiver. as our requirements. Two of these commenters believe that the inclusion to the Title XI regulations and the Economic Soundness of the MAO will properly place rationale therefor, and, where relevant, We requested comments concerning emphasis on operating cash flow, with states why particular recommendations/ the information requirements for an one commenter adding that historical suggestions have not been adopted. economic soundness determination operating experience will be We are proposing to amend our under Section 298.14. We asked if the emphasized as well. Another Obligation Guarantees regulations at 46 information required is unnecessary or commenter stated that any changes in CFR Part 298. The proposed redundant and if it is sufficient to core policy should be determined before amendments are summarized as follows: permit us to make valid determinations. determining what policy belongs in the Section 298.2 Definitions We also requested comments as to regulations. whether the requirements pose Section 298.2 is intended to provide Miscellaneous Issues impracticable or excessive tests and convenient reference to the meaning of what specific changes should be made. We received several comments on significant terminology used in Part 298. Regarding the information required miscellaneous other requirements of the The definitions are based principally on under section 298.14, one commenter Title XI program. Two commenters statutory derivation and reflect the letter stated that it is excessive. Another opposed the lump sum prepayment designation of the paragraphs commenter said that the economic feature of the guarantee fee, stating respectively, contained in the final rule soundness criteria should be respectively that it is a disincentive to published on May 9, 1996, as amended streamlined. A third commenter attracting business to U.S. shipyards on September 8, 1997, or as proposed to recommended consideration of and that it amounts to a prepayment be redesignated in this rulemaking. As additional economic factors such as penalty. One commenter stated that the proposed: double hull or safety or environmental performance bonding requirement and Paragraph (c), ‘‘Advanced requirements. progress payment feature of Shipbuilding Technology’’ is changed in As to the criteria on which an construction period financing makes order to include other modernization economic soundness finding is based, construction period financing elements which are not previously several commenters suggested we prohibitive in terms of cost. Another listed in the definition and which should look not only at the cash flow commenter urged that we more contribute to a shipyard’s efficiency or generated by the project to determine if proactively assist U.S. shipbuilders in productivity.
VerDate 18-JUN-99 10:13 Aug 12, 1999 Jkt 183247 PO 00000 Frm 00019 Fmt 4702 Sfmt 4702 E:\FR\FM\A13AU2.018 pfrm04 PsN: 13AUP1 44156 Federal Register / Vol. 64, No. 156 / Friday, August 13, 1999 / Proposed Rules
Paragraph (n), ‘‘Guarantee Fee’’ is American Bureau of Shipping so long as of financial statements that are not changed to delete the references to an the society meets the inspection reconciled to U.S. GAAP if a satisfactory annual fee and continuing Guarantees. standards of the United States Coast justification is provided concerning the The regulations now require that the Guard. inability to reconcile. MARAD proposes to further amend the paragraph to guarantee fee for the entire term of the Section 298.12 Applicant and eliminate the requirement for a debt financing be paid in advance at the Operator’s Qualifications initial funding of the transaction, with amortization schedule and sources and no refund in the event the Obligations MARAD concurs that too much uses statement, and to incorporate are retired early. information is requested in this section current financial definitions. Paragraph (o), ‘‘Indenture Trustee’’ is particularly with respect to the MARAD does not believe a change in changed to increase the amount of applicant’s existing vessels, and certain financial requirements at Closing as set combined capital and surplus an background data, and the section has forth in paragraph (d) is necessary indenture trustee must have to at least been modified to reduce the information because applications are analyzed on a $25,000,000 as the current amount of required. With respect to the suggestion case-by-case basis and, where MARAD $3,000,000 is not adequate. that the endorsement of industry deems the existing qualifying financial associations be utilized by MARAD, the requirements to be inappropriate, Section 298.3 Applications regulations do not preclude MARAD’s Section 298.13(h) authorizes the waiver Paragraph (b) is amended to reflect consideration of such an endorsement of or modifications to the financial that only two sets of documentation when evaluating the applicant’s and/or requirements if there is adequate must be submitted to the Secretary for operator’s qualifications. security for the Guarantees. This review. A paragraph is being added to this authority allows MARAD to consider Paragraph (d) is amended to delete the section to reflect the MAO 520–1 coverage ratios as appropriate. provision that, if an applicant does not provision requiring that an operator’s MARAD believes that the 90 percent claim a Freedom of Information Act historical performance record be equity test in paragraph (d)(1)(ii)(B) of (FOIA) exemption at the time an considered in evaluating operating this section is useful and is not application or amendment is filed, ability. proposing an amendment to this MARAD will not oppose any paragraph. While the working capital Section 298.13 Financial Requirements subsequent request for disclosure and leverage tests are essential in pursuant to FOIA. Deletion of this MARAD is not proposing an analyzing the financial condition of the provision reflects actual agency amendment to paragraph (a)(2) of this company, they do not necessarily practice, which is to allow a request for section to eliminate the requirement for identify reductions in net worth which exemption under FOIA at any time. a waiver in order for foreign items to be are often an important element in Paragraph (e) is amended to clarify included in Actual Cost. MARAD’s determining a company’s financial that priority will be given for processing interest is in promoting a shipbuilding condition. Moreover, as the net worth applications for vessels capable of industry including both shipyards and amount is established only once, at the serving as United States naval and suppliers. Therefore, it would be initial funding of the transaction, military auxiliary in time of war or inappropriate to permit wholesale use of companies that are meeting their national emergency. In addition, the foreign items in Title XI financings projected revenues and expenses should priority given to applications from when comparable items are available be able to continue to meet this general shipyard facilities that have from U.S. suppliers. MARAD believes requirement. Therefore, elimination of engaged in naval vessel construction such a practice would have an adverse the 90 percent net worth requirement is and that have pilot projects for shipyard impact on the U.S. shipbuilding not warranted. modernization and vessel construction industry as a whole. However, requests MARAD is proposing elimination of is being eliminated due to the fact that for waivers to include foreign items the special financial requirements set all the funds previously appropriated to have not been unreasonably withheld by forth in paragraph (e) due to the the Department of Defense and MARAD, so that the no-foreign-content- restrictive nature of the covenants that transferred to the Department of requirement without a waiver has not accompany these requirements and the Transportation for the Title XI program had a negative impact on the shipyards fact that companies have not elected have been expended. or shipowners. Therefore, MARAD will this alternative in the recent past. continue to review inclusion of foreign Therefore, in order to make clear that Section 298.11 Vessel Requirements items on a case-by-case basis. there is only one set of financial Paragraph (a) of this section is being MARAD believes that the current requirements, the word ‘‘primary’’ is amended to clarify that the vessel must inclusion in paragraph (a)(2) of the being deleted from paragraph (d) and, be constructed in the United States. illustration of how the cost of foreign later in the regulation, paragraphs Paragraph (b) of this section is revised components of the hull and 298.35(b), 298.35(e), and 298.35(e)(5). to provide that the Secretary may superstructure may be used to satisfy an MARAD is not proposing to change contact the shipyard to request that it applicant’s equity requirements is paragraph (g) of this section which submit additional technical data, unnecessary. Therefore, MARAD is allows the applicant to fund the 121⁄2 backup cost details, and other evidence deleting the illustration from the percent equity requirement with if the Secretary has insufficient data. paragraph and the one sentence which subordinated debt. If MARAD allows Paragraph (c) of this section is being refers to the illustration in the paragraph greater flexibility with regard to the amended to delete the last sentence of the regulation. subordination requirements, the which is redundant with the last The reference to guarantee fees in repayment of the Title XI debt portion sentence of paragraph (a) of this section paragraph (a)(2)(iv) is being deleted as of the transaction could be jeopardized. and to conform the regulations to our guarantee fees are eligible for inclusion present practices which permit a U.S.- in Actual Cost. Section 298.14 Economic Soundness flag constructed vessel to meet the MARAD is proposing to amend MARAD recognizes that much of the highest classification standard of a paragraph (a)(4) to permit, in the case of information requested under section classification society other than the Eligible Export Vessels, the acceptance 298.14 (a)(2)(iii) and (iv) was developed
VerDate 18-JUN-99 10:13 Aug 12, 1999 Jkt 183247 PO 00000 Frm 00020 Fmt 4702 Sfmt 4702 E:\FR\FM\A13AU2.020 pfrm04 PsN: 13AUP1 Federal Register / Vol. 64, No. 156 / Friday, August 13, 1999 / Proposed Rules 44157 for applications from companies States since the Export-Import Bank’s shipyard or manufacturer of Advanced involved in a liner service. MARAD has risk assessments are reflected in the or Modern Shipbuilding Technology has taken steps to simplify the regulations Inter-Agency Country Risk Assessment sufficient financial resources and by reducing or eliminating requested System. operational capacity to complete the information. Specifically, sections 46 project. In instances where sufficient Section 298.20 Term, Redemptions and CFR 298.14(a)(2)(iii), (iv), and (v), resources cannot be demonstrated, Interest Rate requesting information on expenses, MARAD’s interests as a guarantor must have been deleted and are replaced by Paragraph (a)(2) of this section is be fully protected. Furthermore, a new paragraph (iii) which will being amended to clarify that for inasmuch as Section 298.21 of this part encompass all three parts. The new multiple vessels the maturity date of the provides for performance bond paragraph differentiates between Guarantees may be less than but in no premiums to be included as an item of applications for vessel financing and event more than twenty-five years from actual cost and therefore financeable up shipyard modernization projects. the date of delivery from the shipyard to a maximum of 871⁄2 percent, MARAD MARAD does not propose to add a of the last of multiple vessels but that finds that the bonding requirement does requirement to the economic soundness the amount of the Guarantees shall not constitute an inordinate out of section concerning the applicant’s relate to the depreciated actual cost of pocket expense. financial strength because the existing the multiple vessels as of the date of the MARAD proposes to modify Section requirements of Section 298.13, Closing. 298.32 to delete the word ‘‘annual’’ in Financial Requirements, already require paragraph (b)(4) in reference to Section 298.21 Limits MARAD to make certain determinations citizenship filing requirements. The concerning the financial position of the This section is being amended to citizenship requirements for the Title XI ultimate transaction credit. specify that no foreign, federal, state or program were modified by a final rule In order to clarify the criteria used for local taxes, user fees, or other which was published in the Federal economic soundness findings, MARAD governmental charges shall be included Register and became effective on proposes to include in this section the in actual cost. September 8, 1997, which no longer provisions of MAO 520–1 relating to Section 298.22 Amortization of required the filing of annual citizenship economic soundness. Specifically, Obligations affidavits for Title XI obligors. section (b) is being amended to include Section 298.33 Escrow Fund requirements concerning the ability to The parenthetical phrase ‘‘straight service debt at the time of delivery line basis’’ is to be replaced with the This section has been modified to which will be based on market phrase ‘‘level principal’’ to reflect conform to the documentation in the conditions at that time, and that primary current GAAP terminology. general provisions of the new security agreement. consideration shall be given to operating Section 298.23 Refinancing cash flow. To enable MARAD to analyze Section 298.34 Construction Fund cash flow, the applicant is requested to This section has been amended to provide a five-year forecast of operating clarify MARAD’s position regarding the This section has been modified to cash flow. refinancing of debt on Advanced or clarify the requirements regarding the Modern Shipbuilding Technology. construction fund and to eliminate the Section 298.15 Investigation Fee Refinancing of non-Title XI debt on current redundancies in paragraphs (b) Paragraph (b) of this section is being Advanced or Modern Shipbuilding and (c) of this section regarding revised by correcting the reference to Technology is not permitted. withdrawals and deposits, the the filing fee to $5,000. procedure for which is described in Section 298.24 Financing Facilities and Section 298.33 of this Part. MARAD Section 298.16 Substitution of Equipment Related to Marine requires that the items and amounts for Participants Operations which reimbursement is requested have Paragraph (a) of this section is being This section is deleted in its entirety been satisfactorily completed. To amended to delete the last sentence as there is no current authority for require otherwise, i.e., to issue interim which references an annual guarantee MARAD to finance facilities and payments prior to completion of work, fee. equipment related to marine operations. would increase MARAD’s overall project risk. MARAD must insure that Section 298.18 Financing Advanced or Section 298.30 Nature and Content of adequate security exists for guarantees Modern Shipbuilding Technology Obligations entered into during construction. Paragraph (a) of this section is being This section is amended to clarify that In response to requests by amended to eliminate from the initial an indenture trustee is not required commenters to terminate the criteria for Guarantee approval under MARAD’s documents. construction fund, legislation has been consideration of whether Guarantees submitted to broaden our authority to Section 298.31 Mortgage will aid in the transition of a shipyard hold bond proceeds in the escrow fund from naval to commercial shipbuilding. This section has been amended to and to eliminate the need for a MARAD believes that giving weight to correct that a mortgage shall be filed construction fund—see section 3 of H.R. this factor could discourage otherwise with the United States Coast Guard’s 1557 introduced on April 26, 1999. desirable modernization projects from National Vessel Documentation Center. Section 298.35 Reserve Fund and shipyards that have not engaged in Section 298.32 Required Provisions in Financial Agreement naval vessel construction. Documentation This section has been modified in its Section 298.19 Financing Eligible Section 298.32 (a)(1) remains entirety. Paragraph (c) of this section Export Vessels unchanged. Under the current Title XI regarding financial covenants for Paragraph (b)(3) of this section is regulations, the Secretary may waive or companies meeting the special financial being modified by deleting the reference modify the performance bond requirements has been deleted in its to the Export-Import Bank of the United requirement, upon determining that the entirety pursuant to the discussion
VerDate 18-JUN-99 10:13 Aug 12, 1999 Jkt 183247 PO 00000 Frm 00021 Fmt 4702 Sfmt 4702 E:\FR\FM\A13AU2.022 pfrm04 PsN: 13AUP1 44158 Federal Register / Vol. 64, No. 156 / Friday, August 13, 1999 / Proposed Rules above in section 298.13(e). The federalism implications to warrant the (3) Other elements contributing to a references to a Title XI company preparation of a Federalism Assessment. shipyard’s efficiency or productivity qualifying as either a section 12 or assisting it to more effectively operate in Regulatory Flexibility Act section 13 company are deleted and two the shipbuilding industry. sets of covenants for all Title XI MARAD certifies that this regulation * * * * * companies are provided. One set of will not have a significant economic Guarantee fee means the fee payable covenants will be imposed regardless of impact on a substantial number of small to the Secretary in consideration for the the company’s financial condition entities because these amendments are issuance of the Guarantee. intended only to simplify and clarify the (primary covenants) and the second set * * * * * of covenants will only apply if the procedural requirements for obtaining Guarantees, principally to expedite the Preferred Mortgage *** company does not meet the specific (2) * * * financial conditions (supplemental process for MARAD’s review of applications. (iv) Is otherwise in compliance with covenants). the provisions of Chapter 313 of Title 46 Section 298.38 Partnership Agreements Environmental Assessment of the U.S. Code. MARAD proposes to modify this MARAD has considered the * * * * * environmental impact of this section to cover limited liability § 298.3 [Amended] companies as well as partnership rulemaking and has concluded that an 3. Section 298.3 is amended as agreements. environmental impact statement is not required under the National follows: Section 298.41 Remedies After Default Environmental Policy Act of 1969. a. By removing the words ‘‘exhibit and schedule’’ in the fourth sentence of As all guarantee fees are to be paid Paperwork Reduction Act paragraph (a), and adding in their place up-front, it is proposed that paragraph This rulemaking contains reporting (c)(1) of this section be deleted. the words ‘‘exhibits, schedules and requirements that have previously been attachments’’. Rulemaking Analyses and Notices approved by the Office of Management b. By removing the number ‘‘four’’ in and Budget (Approval No. 2133–0018). the first sentence of paragraph (b)(2) and Executive Order 12866 (Regulatory Use of the present Maritime Planning and Review) adding in its place the number ‘‘two’’. Administration Title XI Obligation c. By removing the third sentence in This rulemaking has been reviewed Guarantees form will be continued paragraph (d). under Executive Order 12866, and it has pending revision and issuance of new d. By amending the first sentence of been determined that this is not a forms, which must be approved by the paragraph (e) by adding before the word significant regulatory action. The rule is Office of Management and Budget. ‘‘naval’’, the words ‘‘United States’’ and not likely to result in an annual effect List of Subjects in 46 CFR Part 298 removing the third sentence of this on the economy of $100 million or paragraph. more. Also, it has been determined to be Loan programs-transportation, a nonsignificant rule under the Maritime carriers, and Mortgages. § 298.11 [Amended] Department’s Regulatory Policies and Accordingly, the Maritime 4. Section 298.11 is amended as Procedures. Because the economic Administration proposes to amend 46 follows: impact should be minimal, further CFR part 298 as follows: a. By adding in the first sentence of regulatory evaluation is not necessary. paragraph (a), between the words PART 298ÐOBLIGATION These amendments are intended only to ‘‘Guarantee’’ and ‘‘is’’, the phrase ‘‘must GUARANTEES simplify and clarify the procedural be constructed in the United States. It requirements for obtaining Guarantees, 1. The authority citation for part 298 shall be’’ and removing the word ‘‘is’’. principally to expedite the process for continues to read as follows: b. By adding in the second sentence of paragraph (b), between the words MARAD’s review of applications. Its Authority: 46 App. U.S.C. 1114 (b), 1271 purpose is to encourage the construction et seq, 49 CFR 1.66. ‘‘Secretary’’ and ‘‘may’’, the phrase of ships in U.S. shipyards both for the ‘‘may directly contact the shipyard domestic and the export markets and to 2. Section 298.2 is amended as and’’. modernize and improve general follows: c. By revising the first sentence of a. By adding at the end of paragraph shipyard facilities in the United States. paragraph (c), to read as follows: ‘‘The (2) of the definition of ‘‘Advanced MARAD is publishing these Vessel shall be constructed, maintained, Shipbuilding Technology’’ a semi-colon amendments as a notice of proposed and operated so as to meet the highest and the word, ‘‘and’’ and a new rulemaking, as necessary to carry out classification, certification, rating, and paragraph (3) to read as set forth below. inspection standards for Vessels of the the Secretary’s responsibilities under b. By revising the definition of same age and type imposed by the Title XI and to improve the efficient Guarantee Fee, to read as set forth American Bureau of Shipping (ABS) or administration of the Title XI program. below. This rulemaking document has been c. By amending the definition of another classification society that also reviewed by the Office of Management Indenture Trustee, by removing the meets the inspection standards of the and Budget under Executive Order number ‘‘$3,000,000’’ and adding in its United States Coast Guard with respect 12866, ‘‘Regulatory Planning and place the number ‘‘$25,000,000’’. to the documentation of U.S.-flag Review.’’ d. By revising paragraph (2)(iv) of the vessels, or in the case of an Eligible Export Vessel, such standards as may be Federalism definition of Preferred Mortgage, to read as set forth below. imposed by a member of the MARAD has analyzed this rulemaking International Association of in accordance with the principles and § 298.2 Definitions. Classification Societies (IACS) criteria contained in Executive Order * * * * * classification societies to be ISO 9000 12612 and has determined that these Advanced shipbuilding technology series registered or Quality Systems regulations do not have sufficient *** Certificate Scheme qualified IACS
VerDate 18-JUN-99 10:13 Aug 12, 1999 Jkt 183247 PO 00000 Frm 00022 Fmt 4702 Sfmt 4702 E:\FR\FM\A13AU2.023 pfrm04 PsN: 13AUP1 Federal Register / Vol. 64, No. 156 / Friday, August 13, 1999 / Proposed Rules 44159 members who have been recognized by number, or if appropriate, international (iii) Individual references. Name(s), the United States Coast Guard as identification number of entity; telephone and fax number of banking meeting acceptable standards with such (ii) Address of principal place of officer(s). recognition including, at a minimum, business; and (d) Management of applicant. The that the society meets the requirements (iii) Certified copy of certificate of applicant shall include: of IMO Resolution A.739(18) with formation, partnership agreement or (1) A brief description of the principal appropriate certificates required at other documentation forming the entity. business activities during the past five delivery, so long as the home country of (3) Other entities. For any entity that years of each officer, director, partner or the IACS member accords equal does not fit the descriptions in member of the applicant listed in reciprocity, as determined by the paragraphs (b)(1) and (b)(2) of this paragraph (b)(5) of this section and if Secretary, to United States classification section, MARAD will specify the these persons (have) act(ed) as executive societies.’’ information that the entity shall submit officers in other entities, indicate the d. By removing the last sentence of regarding its identity and ownership. names of these entities and whether paragraph (c). (4) The Applicant and any bareboat such entities have defaulted on any U.S. 5. Section 298.12 is revised to read as charterer shall provide a brief statement Government debt, and follows: of the general effect of each voting (2) The name and address of each agreement, voting trust or other organization engaged in business § 298.12 Applicant and operator's arrangement whereby the voting rights activities which have a direct financial qualifications. of any interest in the Applicant or relationship to those carried on or to be (a) Operator’s qualifications. No bareboat charterer are controlled or carried on by the applicant with which Letter Commitment shall be issued by exercised by any person who is not the any person listed in paragraph (d)(2) of the Secretary without a prior holder of legal title to such interest. this section has any present business determination that the applicant, (5) The Applicant and any bareboat connection, the name of each such bareboat charterer, or other Person charterer shall provide the following person and, briefly, the nature of such identified in the application as the information regarding the entity’s connection. operator of the Vessel or Advanced or officers, directors, partners or members: (e) Applicant’s property and activity. Modern Shipbuilding Technology, (i) Name and address; The applicant shall provide: (1) A brief description of the general possesses the necessary experience, (ii) Office or position; and character and location of the principal ability and other qualifications to (iii) Nationality and interest owned assets employed in the business of the properly operate and maintain the (e.g. shares owned and whether voting applicant, other than vessels. Describe Vessel(s) or Advanced and Modern or non-voting). financial encumbrances, if any; Shipbuilding Technology which serve (c) Applicants: Business and as security for the Guarantees, and (2) Provide a general description of affiliations. The applicant shall include: the vessels currently owned and/or otherwise to comply with all (1) A brief description of the principal requirements of this part. operated by the applicant or its affiliates business activities during the past five and a description of the areas of (b) Identity and ownership of years of applicant; applicant. In order to assess the operation; and, (2) A list of all business entities that (3) In the case of an Eligible Shipyard likelihood that the project will be directly or indirectly, through one or which is an applicant for a guarantee for successful, the Secretary needs more intermediaries, control, are Advanced or Modern Shipbuilding information about the applicant and the controlled by, or are under common Technology, a brief description of the proposed project. To permit this control with the applicant. Also indicate general character (i.e., number of assessment, each applicant shall the nature of the business transacted by building ways, launch method, provide the following information in its each entity and the relationship drydocks and size) and location (i.e., application for Title XI guarantees. between these entities. This information water depth, length of riverfront) of the (1) Incorporated companies. If the may be presented in the form of a chart. principal properties of the applicant applicant or any bareboat charterer is an Indicate whether any of the affiliated employed in its business. Describe incorporated company, it shall submit entities have previously applied for or financial encumbrances, if any. the following identifying information: received Title XI assistance; (f) Operating ability. (1) In the case of (i) Name of company, place and date (3) A statement indicating whether an applicant for a vessel financing of incorporation, and tax identification the applicant, any predecessor or Guarantee, the applicant shall submit a number, or if appropriate, international affiliated entity has been in bankruptcy detailed statement showing its ability to identification number of the company; or reorganization under any insolvency successfully operate the Vessel(s). If a (ii) Address of principal place of or reorganization proceeding and if so, company other than the applicant will business; and give details; and operate the Vessel(s), then this (iii) Certified copy of certificate of (4) A statement indicating whether information shall be provided for the incorporation and bylaws. the applicant or any predecessor or operating company together with a copy (2) Partnerships, limited partnerships, affiliated entity is now, or during the of the operating agreement. limited liability companies, joint past five years has been, in default (2) The applicant shall submit a copy ventures, associations, unincorporated under any agreement or undertaking of any management agreement(s) companies. If the applicant or any with others or with the United States of between the applicant and any related bareboat charterer is a partnership, America, or is currently delinquent on or unrelated organization(s) which will limited partnership, limited liability any Federal debt, and if so, provide affect the management of the Title XI company, joint venture, association, or explanatory information. vessel or shipyard. unincorporated company, it shall (5) A list of the applicant’s banking (3) In the case of an Eligible Shipyard submit the following identifying references: which is an applicant for a guarantee for information: (i) Principal bank(s) or lending Advanced or Modern Shipbuilding (i) Name of entity, place and date of institutions(s)—name and address Technology, a detailed statement shall formation, and tax identification (ii) Nature of relationship be submitted showing the ability of the
VerDate 18-JUN-99 10:13 Aug 12, 1999 Jkt 183247 PO 00000 Frm 00023 Fmt 4702 Sfmt 4702 E:\FR\FM\A13AU2.026 pfrm04 PsN: 13AUP1 44160 Federal Register / Vol. 64, No. 156 / Friday, August 13, 1999 / Proposed Rules applicant to successfully operate the in accordance with U.S. generally Related Party (other than current shipbuilding technology, including accepted accounting principles (GAAP) receivables arising out of the ordinary name, education, background of, and if formed in the U.S. or reconciled to course of business and not outstanding licenses held by, all senior supervisory GAAP if formed in a foreign country for more than 60 days) and personnel concerned with the physical unless a satisfactory justification is (ii) Any increment resulting from the operation of the shipbuilding provided explaining the inability to reappraisal of assets. technology. reconcile); (4) Long Term Debt means, as of any (4) Where an operator has an (ii) A pro forma balance sheet of the date, the total notes, bonds, debentures, historical performance record, this applicant and guarantor (if applicable) equipment obligations and other record shall be considered in evaluating as of the estimated date of execution of evidence of indebtedness that would be the operating ability of the applicant. the Guarantees reflecting the included in long term debt in For newly formed entities, the assumption of the Title XI Obligations, accordance with GAAP. There shall also performance of affiliates and/or including the current liability (for be included any guarantee or other companies associated with the eligible export vessels, the applicant’s liability for the debt of any other Person principals (where the principals have a financial statements shall be in not otherwise included on the balance significant degree of control) shall be accordance with GAAP if formed in the sheet. evaluated in determining the operating U.S. or reconciled to GAAP if formed in 7. Section 298.14 is amended as ability of the applicant. However, unless a foreign country unless a satisfactory follows: the affiliates or principals have an justification is provided explaining the a. By adding after the first sentence in obligation with respect to the debt, inability to reconcile); and, paragraph (a) the following two historical performance shall not be (iii) Pro forma balance sheets of the sentences: ‘‘The economic soundness considered in evaluating the applicant and guarantor (if applicable) and the applicant’s ability to repay the creditworthiness of the application. for five years subsequent to the Closing. Obligations shall be the primary basis 6. Section 298.13 is amended as (b) * * * for the Secretary’s approval of a Letter follows: (2) Working Capital shall mean the Commitment. The collateral value of the a. By removing the sixth sentence in excess of current assets over current asset for which Obligations are to be paragraph (a)(2)(i) and the illustration liabilities, both determined in issued shall be only a secondary entitled ‘‘Illustration-Cost of Foreign accordance with GAAP and adjusted as consideration in determining the Components Satisfying Equity follows: applicant’s ability to repay the Requirements.’’ in their entirety. (i) In determining current assets there Obligations.’’ b. By removing the words, ‘‘guarantee shall be deducted: b. By amending paragraph (a)(2)(ii) to fees,’’ in paragraph (a)(2)(iv). (A) Any securities, obligations or add the following sentence after the first c. By removing all references to the evidence of indebtedness of a Related sentence and before the second word, ‘‘primary’’, in paragraph (d). Party or of any stockholder, director, sentence: ‘‘Vessel revenue projections d. By revising paragraph (a)(4)to read officer or employee (or any member of shall include shipping/hire rates for as set forth below. his family) of the Company or of such current market conditions or market e. By revising paragraphs (b)(2) Related Party, except advances to agents conditions expected to exist at the time through (b)(4), to read as set forth below. required for the normal current of vessel delivery, taking into account f. By removing existing paragraph (e), operation of the Company’s vessels and seasonal or temporary fluctuations.’’ and redesignating paragraphs (f), (g) and current receivables arising out of the c. By revising paragraph (a)(2)(iii) to (h) as paragraphs (e), (f) and (g). ordinary course of business and not read as set forth below. g. By removing ‘‘paragraphs (d) and outstanding for more than 60 days; and d. By revising paragraph (a)(2)(iv) to (e)’’ in newly designated paragraph (e) (B) An amount equal to any excess of read as set forth below. and adding ‘‘paragraph (d)’’ in its place. unterminated voyage revenue over e. By removing paragraph (a)(2)(v). h. By removing ‘‘paragraphs (a)(3), (d) unterminated voyage expenses. f. By adding to paragraph (b)(1)(i) the and (e)’’ in newly designated paragraph (ii) In determining current liabilities words ‘‘or for’’ after the word ‘‘by’’. (f) and adding ‘‘paragraphs (a)(3) and there shall be deducted any excess of g. By adding new paragraphs (b)(2) (d)’’ in its place. unterminated voyage expenses over and (b)(3) to read as set forth below. unterminated voyage revenue. § 298.13 Financial requirements. (iii) In determining current liabilities § 298.14 Economic soundness. * * * * * there shall be added one half of all (a) Economic Evaluation. *** (a) * * * annual charter hire and other lease (2) Project Feasibility. *** (4) Financial information. The obligations (having a term of more than (iii) Expenses. (A) For applications for applicant shall provide the following six months) due and payable within the vessel financing, a statement of financial statements, footnoted to succeeding fiscal year, other than estimated vessel expenses including the explain the basis for arriving at the charter hire and such other lease following (where applicable): figures: obligations already included and (1) A detailed breakdown of estimated (i) The most recent financial reported as a current liability on the vessel daily operating expenses, statement of the applicant, its parent Company’s balance sheet. including wages, insurance, and other significant participants, as (3) Equity (net worth) means, as of any maintenance and repair, fuel, etc. and a applicable (year end or intermediate), date, the total of paid-in capital stock, detailed projection of anticipated costs and the three most recent audited paid-in surplus, earned surplus and associated with long term maintenance statements with details of all existing appropriated surplus, and all other of the vessel(s) such as drydocking and debt. If the applicant is a new entity and amounts that would be included in net major mid-life overhauls, with a time is to be funded from or guaranteed by worth in accordance with GAAP, but frame for these events over the period of external source(s), it shall provide the exclusive of: the Guarantee; above mentioned statements for such (i) Any receivables from any (2) If applicable, a detailed breakdown source(s) (for eligible export vessels, the stockholder, director, Officer or of those expenses associated with the applicant’s financial statements shall be employee of the Company or from any vessel(s) voyage, such as port fees,
VerDate 18-JUN-99 10:13 Aug 12, 1999 Jkt 183247 PO 00000 Frm 00024 Fmt 4702 Sfmt 4702 E:\FR\FM\A13AU2.028 pfrm04 PsN: 13AUP1 Federal Register / Vol. 64, No. 156 / Friday, August 13, 1999 / Proposed Rules 44161 agency fees and canal fees that are § 298.16 [Amended] the construction, reconstruction or assessed as a result of the voyage; and 9. Section 298.16 is amended by reconditioning of other Vessels or (3) A detailed breakdown of annual removing the last sentence of paragraph Advanced or Modern Shipbuilding capital costs and administrative (a). Technology. The Secretary may permit expenses, segregated as to: the refinancing of existing debt but only § 298.18 [Amended] (i) Interest on debt; if any security lien on the Vessel(s) or (ii) Principal amortization; and 10. Section 298.18 is amended by Advanced or Modern Shipbuilding (iii) Salaries and other administrative removing the words, ‘‘will aid in the Technology is discharged immediately expenses (indicate basis of allocation). transition from naval shipbuilding to prior to the placing of any Mortgage commercial ship construction for (B) For applications for Advanced or thereon by the Secretary. The applicant domestic and export sales’’, from the Modern Shipbuilding Technology, a shall satisfy all the eligibility second sentence of paragraph (a). statement of estimated expenses related requirements set forth in subpart B of to the Advanced or Modern § 298.19 [Amended] this part, including economic Shipbuilding Technology, including the 11. Section 298.19 is amended by soundness, as may be necessary. following (where applicable): removing the words ‘‘by the Export- § 298.24 [Removed and Reserved] (1) A detailed breakdown of estimated Import Bank of the United States and daily operating expenses for the 16. Section 298.24 is removed and country risk analyses’’ from the last reserved. shipyard, such as wages, including sentence of paragraph (b)(3). staffing, and aggregated to a straight- § 298.30 [Amended] § 298.20 [Amended] line, overtime and fringe benefits; utility 17. Section 298.30 is amended by 12. Section 298.20, paragraph (a)(2) is costs; costs of stores, supplies, and adding in the first sentence after the amended by adding after the word equipment; maintenance and repair word ‘‘Trustee’’, before the period, the ‘‘Guarantees’’ and before the semi-colon, cost; insurance costs; and, other words ‘‘if any’’. the words ‘‘but that the amount of the expenses (indicate items included); and 18. Section 298.31 is amended by Guarantees shall relate to the amount of (2) A detailed breakdown of annual revising paragraph (a)(5) to read as the depreciated actual cost of the capital costs and administrative follows: expenses, segregated as to: interest on multiple Vessels as of the Closing’’. debt; principal amortization; and 13. Section 298.21 is amended by § 298.31 Mortgage. salaries and other administrative revising paragraph (c)(7) to read as (a) * * * expenses (indicate basis of allocation). follows: (5) The Mortgage shall be filed with (iv) Forecast of Operations. Utilizing § 298.21 Limits. the United States Coast Guard’s the revenues and expenses provided in National Vessel Documentation Center, paragraphs (a)(2)(ii) and (iii) of this * * * * * (c) * * * or with the proper foreign authorities section, the applicant shall provide a (7) Foreign, federal, state or local with respect to an Eligible Export forecast of operating cash flow, as taxes, user fees, or other governmental Vessel, and with respect to assets of a defined in paragraph (b)(3) of this charges. General Shipyard Facility a Mortgage section, for the Title XI project for the and security interest shall be filed with * * * * * first full year of operations and the next the proper authorities within the four years. The cash flow statements § 298.22 [Amended] appropriate state and shall be delivered should be footnoted to explain the 14. Section 298.22 is amended by to the Secretary after being recorded. assumptions used. removing from the second sentence of * * * * * (b) * * * the introductory text the parenthetical (2) In cases where market conditions phrase ‘‘straight line basis’’ and adding § 298.32 [Amended] are inadequate for the applicant to in its place the phrase ‘‘level principal’’. 19. Section 298.32, is amended by service the Obligation indebtedness at 15. Section 298.23 is revised to read removing the word ‘‘annual’’ in the first the time of vessel delivery, or shipyard as follows: sentence of paragraph (b)(4). modernization completion, applications 20. Section 298.33 is revised to read may be approved only if there are § 298.23 Refinancing. as follows: sufficient outside sources of cash flow The Secretary may approve to service such indebtedness. guarantees with respect to Obligations § 298.33 Escrow fund. (3) With respect to the asset for which to be secured by one or more Vessels or (a) Escrow Fund Deposits. At the time Obligations are to be issued, the Advanced or Modern Shipbuilding of the sale of the Obligations, the operating cash flow to Obligation debt Technology and issued to refinance: Obligor shall deposit with the Secretary service ratio over the term of the existing Title XI debt only for Advanced in an escrow fund (the ‘‘Escrow Fund’’) Guarantee shall be in excess of 1:1. or Modern Shipbuilding Technology, all of the proceeds of that sale unless the Operating cash flow is defined as and existing debt for Vessels, whether or Obligor is entitled to withdraw funds revenues less operating and capital not covered by Title XI mortgage under paragraph (b) of this section. The expenses including taxes paid but insurance or Guarantees, so long as the Obligor shall also deposit into the exclusive of interest, accrued taxes, existing debt has been issued for one of Escrow Fund on the Closing date an depreciation and amortization for the the purposes set forth in Sections amount equal to six months interest at Title XI asset. Debt service is defined as 1104(a)(1) through (4) of the Act. the rate borne by the Obligations, unless interest plus principal. Section 1104(a)(1) of the Act requires the Secretary shall find the existence of that, if the existing indebtedness was adequate consideration or accept other § 298.15 [Amended] incurred more than one year after the consideration in lieu of the interest 8. Section 298.15 is amended by delivery or redelivery of the related deposit. removing the figure ‘‘$1,000’’ in the Vessel or Advanced or Modern (b) Escrow Fund Withdrawals. (1) The second sentence of paragraph (b), and Shipbuilding Technology, the proceeds Secretary shall, within a reasonable time adding in its place the figure ‘‘$5,000’’. of such Obligations shall be applied to after written request from the Obligor,
VerDate 18-JUN-99 10:13 Aug 12, 1999 Jkt 183247 PO 00000 Frm 00025 Fmt 4702 Sfmt 4702 E:\FR\FM\A13AU2.030 pfrm04 PsN: 13AUP1 44162 Federal Register / Vol. 64, No. 156 / Friday, August 13, 1999 / Proposed Rules disburse from the Escrow Fund directly representing changes and extras or income realized on the Escrow Fund to the Indenture Trustee, any Paying owner furnished equipment, if any, shall be paid to the Obligor upon receipt Agent for such Obligations, or any other unless such items, amounts and by the Secretary of such income. Person entitled thereto, any amount increases shall have been previously (e) Termination date of the Escrow which the Obligor is obligated to pay, or approved by the Secretary; provided, Fund. The Escrow Fund will terminate to the Obligor for any amounts it has however, that when the amount 90 days after the delivery date of the last paid, on account of the items and guaranteed by the Secretary equals 75% Vessel or Technologies covered by the amounts or any other items approved by or less of the Actual Cost and the Security Agreement (the ‘‘Termination the Secretary, provided that, the Obligor demonstrates to the Secretary’s Date’’). In the event that on such date Secretary is satisfied with the accuracy satisfaction the ability to pay in the the payment of the full amount of the and completeness of the information remaining 25%, then after the initial aggregate Actual Cost of all of the contained in the following submissions: 121⁄2% of Actual Cost has been paid by Vessels or Technologies has not been (i) A responsible officer of the Obligor or on behalf of the Obligor for such made or the amounts with respect to shall deliver an officer’s certificate, in Vessel or Technologies and up to 371⁄2% such Actual Cost are not then due and form and substance satisfactory to the of Actual Cost has been withdrawn from payable, then the Obligor and the Secretary, stating that: the Escrow Fund for such Vessel or Secretary by written agreement shall (A) There is neither a default under Technologies, the Obligor shall pay the extend the Termination Date for such the construction contract nor the remaining Obligor’s equity of at least period as they shall determine is Security Agreement; 121⁄2% (as determined by the Secretary) sufficient to allow for such (B) There have been no occurrences before additional monies can be contingencies. Any amounts remaining which have or would adversely and withdrawn from the Escrow Fund in the Escrow Fund on the Termination materially affect the condition of the relating to such Vessel or Technologies. Date which are in excess of 871⁄2% or Vessel, its hull or any of its component (2) The Secretary shall not be required 75% of Actual Cost, as the case may be, parts, or the Technologies; to make any disbursement except out of shall be applied to retire a pro rata (C) The amounts of the request is in the cash available in the Escrow Fund. portion of the Obligations. accordance with the construction If any sale or payment on maturity shall 21. Section 298.34 is revised to read contract including the approved result in a loss in the principal amount as follows: disbursement schedule and each item in of the Escrow Fund invested in § 298.34 Construction fund. these amounts is properly included in securities so sold or matured, the the Secretary’s approved estimate of requested disbursement from the (a) Circumstances requiring deposits. Actual Cost; Escrow Fund shall be reduced by an When the Security Agreement provides (D) With respect to the request, once amount equal to such loss, and the for an Escrow Fund and the Obligor the contractor is paid there will be no Obligor shall pay to any Person entitled submits a claim to the agency that it has liens or encumbrances on the applicable thereto, the balance of the requested previously paid for items of Actual Cost Vessel, its hull or component parts, or disbursement from the Obligor’s funds and is seeking reimbursement at the the Technologies for which the other than the proceeds of such Closing, the Obligor shall also make withdrawal is being requested except for Obligations. Construction Fund deposits as follows. those already approved by the Secretary; (3) If the Secretary assumes the At the time of the sale of the and Obligor’s rights and duties under the Obligations, the Obligor shall deposit (E) If the Vessel or Technologies has Obligations or the Secretary pays the with the Depository cash equal to the already been delivered, it is in class and Guarantees, all amounts in the Escrow principal amount of the Obligations is being maintained in the highest and Fund (including realized income which issued at such time less the sum of the best condition. The Obligor shall also has not yet been paid to the Obligor), aggregate principal amount then attach an officer’s certificate of the shall be paid to the Secretary and be required to be in the Escrow Fund and shipyard and other general contractors, credited against any amounts due or to the amount in excess of 121⁄2 or 25 in form and substance satisfactory to the become due to the Secretary under the percent of Actual Cost or Depreciated Secretary, stating that there are no liens Security Agreement and the Secretary’s Actual Cost, as applicable (whichever is or encumbrances as provided in Note. payable under § 298.33(e)) which the paragraph (d) of this section and (4) Other rights and duties with Secretary determines has been paid by attaching the invoices and receipts respect to withdrawals from the Escrow or for the account of the Obligor. The supporting each proposed withdrawal to Fund shall be set out in the closing Secretary shall have a security interest the satisfaction of the Secretary. documentation in form and substance in and control over the Construction (ii) No payment or reimbursement satisfactory to the Secretary. Fund and its proceeds. The balance of under this Section shall be made: (c) Investment and liquidation of the the proceeds from the sale of the (A) To any Person until the Escrow Fund. The Secretary may invest Obligations, after depositing the Construction Fund, if any, has been the Escrow Fund in obligations of the amounts required to be deposited in the exhausted, United States. The Secretary shall Escrow Fund and/or the Construction (B) To any Person until the total deposit the Escrow Fund into an Fund, shall be retained by the Obligor. amount paid by or for the account of the account with the U.S. Treasury (b) Withdrawals and redeposits. The Obligor from sources other than the Department and upon agreement with Secretary shall, subject to the proceeds of such Obligations equals at the Obligor, shall deliver to the U.S. satisfaction of any applicable conditions least 121⁄2% of the Actual Cost of the Treasury Department instructions for contained in the Security Agreement, Vessel or Technologies is made; the investment, reinvestment and periodically approve disbursements (C) To the Obligor which would have liquidation of the Escrow Fund. The from the Construction Fund under the the effect of reducing the total amounts Secretary shall have no liability to the same procedures and conditions as from paid by the Obligor pursuant to Obligor for acting in accordance with the Escrow Fund in § 298.33(e), except paragraph (B) of this section; or such instructions. the request for withdrawal will not be (D) To any Person on account of (d) Income on the Escrow Fund. subject to § 298.33(e)(1) and (h)(1). The items, amounts or increases Unless there is an existing default, any administration of the Construction Fund
VerDate 18-JUN-99 10:13 Aug 12, 1999 Jkt 183247 PO 00000 Frm 00026 Fmt 4702 Sfmt 4702 E:\FR\FM\A13AU2.032 pfrm04 PsN: 13AUP1 Federal Register / Vol. 64, No. 156 / Friday, August 13, 1999 / Proposed Rules 44163 shall also be subject to the terms and the Company’s total net income after tax Company’s assets; the Company retains conditions of § 298.33(i), (j), and (k). for each of the prior years, less any the proceeds of the sale of assets for use 22. Section 298.35 is amended as distributions that were made in such in accordance with the Company’s follows: years; or the aggregate of the Company’s regular business activities; and the sale a. By revising paragraph (b) to read as total net income after tax for such prior is not otherwise prohibited by set forth below. years, provided that, after making such paragraph (b)(1)(iii) of this section. b. By removing paragraph (c) and distribution, the Company’s Long Term Notwithstanding any other provision of redesignating paragraphs (d) through (g) Debt does not exceed its Net Worth. In this paragraph (b)(1)(vii), the Company as paragraphs (c) through (f). computing net income for purposes of may not consummate such sale without this paragraph (b)(1)(i)(C), extraordinary the prior written consent of the § 298.35 Reserve Fund and Financial Agreement. gains, such as gains from the sale of Secretary if the Company has not, prior assets, shall be excluded; to the time of such sale, submitted to the * * * * * (ii) Enter into any service, Secretary the financial statement (b) Financial covenants. There will be management or operating agreement for referred to in paragraph (a) of this two sets of covenants. One set is the operation of the Vessel or the section, and any attempt to consummate covenants that will be imposed Technologies (excluding husbanding a sale absent such approval shall be null regardless of the Company’s financial type agreements), or appoint or and void ab initio. condition (primary covenants). The designate a managing or operating agent (2) Supplemental Covenants which other set of covenants will be imposed for the operation of the Vessel or the may become applicable. Unless, after only if the Company does not meet Technologies (excluding husbanding giving effect to such transaction or specific financial conditions agents) unless approved by the transactions, during any fiscal year of (supplemental covenants). The primary Secretary; the Company, the Company’s Working and supplemental covenants are to be (iii) Sell, mortgage, transfer, or demise Capital is equal to at least one dollar, set forth in the Agreement. Covenants charter the Vessel or the Technologies the Company’s Long-Term Debt does shall be imposed on the Company as or any assets to any non-Related Party not exceed two times the Company’s follows: except as permitted in paragraph Net Worth and the Company’s Net (1) Primary covenants. So long as (b)(1)(vii) of this section or sell, Worth is at least the amount specified Guarantees are in effect the Company mortgage, transfer, or demise charter the by the Secretary, the Company shall not, shall not, without the prior written Vessel or any assets to a Related Party, without Secretary’s prior written consent of the Secretary: unless such transaction is at a fair consent: (i) Except as hereinafter provided, market value as determined by an (i) Withdraw any capital; make any distribution of earnings, independent appraiser acceptable to the (ii) Redeem any share capital or except as may be permitted by Secretary, and a total cash transaction convert any of the same into debt; paragraphs (b)(1)(i)(A) or (B) of this or, in the case of demise charter, the (iii) Pay any dividend (except section: charter payments are cash payments; dividends payable in capital stock of the (A) From retained earnings in an (iv) Enter into any agreement for both Company); amount specified in paragraph sale and leaseback of the same assets so (iv) Make any loan or advance (except (b)(1)(i)(C) of this section, provided that, sold unless the proceeds from such sale advances to cover current expenses of in the fiscal year in which the are at least equal to the fair market value the Company), either directly or distribution of earnings is made there is of the property sold; indirectly, to any stockholder, director, no operating loss to the date of such (v) Guarantee, or otherwise become officer, or employee of the Company, or payment of such distribution of liable for the obligations of any other to any other Related Party; earnings, and there was no operating Person, except in respect of any (v) Make any investments in the loss in the immediately preceding three undertakings as to the fees and expenses securities of any Related Party; fiscal years, or there was a one-year of the Indenture Trustee, except (vi) Prepay in whole or in part any operating loss during the immediately endorsement for deposit of checks and indebtedness to any stockholder, preceding three fiscal years, but such other negotiable instruments acquired in director, officer, or employee of the loss was not in the immediately the ordinary course of business and Company, or to any Related Party, preceding fiscal year, and there was except as otherwise permitted in this which has a stated maturity of more positive net income for the three year section; than one year from such date; period; (vi) Directly or indirectly embark on (vii) Increase any direct employee (B) If distributions of earnings may any new enterprise or business activity compensation (as hereafter defined) not be made under paragraph (b)(1)(i)(A) not directly connected with the business paid to any employee in excess of of this section, a distribution can be of shipping or other activity in which $100,000 per annum; nor increase any made in an amount equal to the total the Company is actively engaged; direct employee compensation which is operating net income for the (vii) Enter into any merger or already in excess of $100,000 per immediately preceding three fiscal year consolidation or convey, sell, demise annum; nor initially employ or re- period, provided that, there were no two charter, or otherwise transfer, or dispose employ any person at a direct employee successive years of operating losses, in of any portion of its properties or assets compensation rate in excess of $100,000 the fiscal year in which such (any and all of which acts are per annum; provided, however, that distribution is made, there is no encompassed within the words ‘‘sale’’ beginning with January 20, 1999, the operating loss to the date of such or ‘‘sold’’ as used herein), provided that, $100,000 limit may be increased distribution, and the distribution of the Company shall not be deemed to annually based on the previous years’’ earnings made would not exceed an have sold such properties or assets if the closing Consumer Price Index for All amount specified in paragraph net book value of the aggregate of all the Urban Consumers published by the (b)(1)(i)(C) of this section; assets sold by the Company during any Bureau of Labor Statistics. For the (C) Distributions of earnings may be period of 12 consecutive calendar purpose of this subsection, the term made from earnings of prior years in an months does not exceed ten percent of ‘‘direct employee compensation’’ is the aggregate amount equal to 40 percent of the total net book value of all of the total amount of any wage, salary, bonus
VerDate 18-JUN-99 10:13 Aug 12, 1999 Jkt 183247 PO 00000 Frm 00027 Fmt 4702 Sfmt 4702 E:\FR\FM\A13AU2.033 pfrm04 PsN: 13AUP1 44164 Federal Register / Vol. 64, No. 156 / Friday, August 13, 1999 / Proposed Rules commission, or other form of direct in their place the words ‘‘the Guarantee regulations to require seat belt payment to any employee from all Fee rate shall be set’’. positioners to be labeled as not suitable companies with guarantees under the c. By removing the third and fourth for children of a certain age, e.g., under Act as reported to the Internal Revenue sentences of paragraph (e) and adding 6 years old, or a certain height. Seat belt Service for any fiscal year. one sentence in their place to read as positioners alter the positioning of (viii) Acquire any fixed assets other follows: ‘‘In calculating the present vehicle lap and shoulder belts on than those required for the maintenance value used in determining the amount children. We found in tests of some of of the Company’s existing assets, of the Guarantee Fee to be paid, the devices that they inadequately including normal maintenance and MARAD will use a discount rate based restrained a 3-year-old child dummy operation of any vessel or vessels owned on information contained in the and reduced the performance of vehicle or chartered by the Company; Department of Commerce’s Economic belts restraining a 6-year-old child (ix) Either enter into or become liable Bulletin Board annual rates.’’ dummy. We are also requesting (directly or indirectly) under charters 24. Section 298.38 is revised to read information on the alternative of and leases (having a term of six months as follows: establishing a minimum performance or more) for the payment of charter hire § 298.38 Partnership and limited liability standard for seat belt positioners. We and rent on all such charters and leases company agreements. have issued this document in response to a petition for rulemaking from the which have annual payments Partnership and limited liability American Academy of Pediatrics. aggregating in excess of an amount company agreements shall be in form specified by the Secretary; and substance satisfactory to the DATES: You should submit your (x) Pay any indebtedness Secretary prior to any Guarantee comments early enough to ensure that subordinated to the Obligations or to closing, especially relating, but not Docket Management receives them not any other Title XI obligations; limited to, four basic areas: later than October 12, 1999. (xi) Create, assume, incur, or in any (a) Duration of the entity, ADDRESSES: You should mention the manner become liable for any (b) Adequate partnership or limited docket number of this document in your indebtedness, except current liabilities, liability company funding requirements comments and submit your comments or short term loans, incurred or assumed and mechanisms, in writing to: Docket Management, in the ordinary course of business as (c) Dissolution of the entity and Room PL–401, 400 Seventh Street, SW, such business presently exists; withdrawal of a general partner or Washington, DC, 20590. (xii) Make any investment whether by member and You may call Docket Management at acquisition of stock or indebtedness, or (d) The termination, amendment, or 202–366–9324. You may visit the by loan, advance, transfer of property, other modification of the entity without Docket from 10:00 a.m. to 5:00 p.m., capital contribution, guarantee of the prior written consent of the Monday through Friday. indebtedness or otherwise, in any Secretary. FOR FURTHER INFORMATION CONTACT: Person, other than obligations of the § 298.41 [Amended] For non-legal issues, you may call United States, bank deposits or Mike Huntley of the NHTSA Office of investments in securities of the 25. Section 298.41 is amended by Crashworthiness Standards, at 202–366– character permitted for monies in the removing paragraph (c)(1) and 0029. Title XI Reserve Fund; and, redesignating existing paragraphs (c)(2) For legal issues, you may call Deirdre (xiii) Create, assume, permit or suffer through (c)(6) as new paragraphs (c)(1) Fujita of the NHTSA Office of Chief to exist or continue any mortgage, lien, through (c)(5). Counsel at 202–366–2992. charge or encumbrance upon, or pledge Dated: August 6, 1999. You may send mail to both of these of, or subject to the prior payment of By Order of the Maritime Administrator. officials at National Highway Traffic any indebtedness, any of its property or Joel C. Richard, Safety Administration, 400 Seventh St., assets, real or personal, tangible or Secretary, Maritime Administration. SW, Washington, DC, 20590. intangible, whether now owned or [FR Doc. 99–20757 Filed 8–12–99; 8:45 am] SUPPLEMENTARY INFORMATION: thereafter acquired, or own or acquire, BILLING CODE 4910±81±P or agree to acquire, title to any property Overview of any kind subject to or upon a chattel This document grants a petition for mortgage or conditional sales agreement DEPARTMENT OF TRANSPORTATION rulemaking from the American or other title retention agreement, Academy of Pediatrics (AAP) requesting except loans, mortgages and National Highway Traffic Safety that NHTSA amend Federal Motor indebtedness guaranteed by the Administration Vehicle Safety Standard No. 213, ‘‘Child Secretary under Title XI of the Act or Restraint Systems’’ (49 CFR 571.213) related to the construction of a vessel 49 CFR Part 575 (Standard 213), to include performance approved for Title XI by the Secretary, [Docket No. 99±5100] requirements applicable to aftermarket, and liens incurred in the ordinary add-on seat belt positioners. These course of business as such business RIN 2127±AG49 devices alter the positioning of vehicle presently exists. lap and shoulder belts. The statements Consumer Information Regulations; on the packaging for some of these § 298.36 [Amended] Seat Belt Positioners devices indicate that they are suitable 23. Section 298.36 is amended as AGENCY: National Highway Traffic for improving the fit of the belts on follows: Safety Administration (NHTSA), children, which in some cases includes a. By removing the word ‘‘Annual’’ Department of Transportation. 3- to 6-year-olds, and small adults. from the heading of the section. ACTION: Grant of petition for rulemaking; The agency dynamically tested three b. By amending paragraph (a) by notice of proposed rulemaking (NPRM). types of belt positioning devices in removing the words in the first sentence 1994, using 3-year-old and 6-year-old ‘‘Secretary shall charge the Obligor an SUMMARY: This document proposes to dummies. We tested the dummies by annual fee (Guarantee Fee)’’ and adding amend our consumer information restraining them in lap/shoulder belts
VerDate 18-JUN-99 16:20 Aug 12, 1999 Jkt 183247 PO 00000 Frm 00028 Fmt 4702 Sfmt 4702 E:\FR\FM\13AUP1.XXX pfrm07 PsN: 13AUP1 Federal Register / Vol. 64, No. 156 / Friday, August 13, 1999 / Proposed Rules 44165 with, and without, the devices. When products should be subject to the same It said these devices are targeted to those we compared the results, we found that scrutiny and testing that child restraint children who have outgrown toddler seats in many of the tests with the 3-year-old systems undergo. AAP’s concern is that but are too small to be appropriately dummy, the positioners reduced belt some seat belt positioners ‘‘appear to restrained by adult seatbelts. Redlog, a performance and contributed toward interfere with proper lap and shoulder manufacturer of belt adjustment devices, excessive head injury criterion (HIC) harness fit by positioning the lap belt recommended that these devices be included measurements (HICs were greater than too high on the abdomen, the shoulder in the definition of child restraints in FMVSS 1000). The devices generally performed harness too low across the shoulder, and No. 213. Redlog recommended creating a adequately with the 6-year-old dummy, by allowing too much slack in the sub-category within the existing definition of in that the performance criteria of our shoulder harness.’’ Accordingly, AAP child restraints to accommodate these child restraint standard were not believes that the devices should be devices. It concluded by saying that dynamic exceeded, although there was some subject to a safety standard so that they crash testing and labeling for appropriate reduction in the performance of the are required to meet a minimum level of usage are essential requirements. Advocates vehicle belt system restraining the performance. AAP believes that this [Advocates for Highway and Auto Safety] dummy. would be especially appropriate expressed its concern with the safety of these In this document, we propose to because, AAP contends, some parents devices and said the agency has an obligation amend our consumer information decide to have their older children sit to test them to determine if they interfere regulations (49 CFR Part 575) to require directly on the vehicle seat and use a with the safety performance of the restraint seat belt positioners to be labeled as not combination of vehicle seat belts and system. Safety BeltSafe said that ‘‘standards suitable for children of a certain age, seat belt positioners instead of having are essential for the new category of product e.g., 6 years, and younger. We also those children sit in booster seats which purports to reconfigure the shoulder request information on the alternative, certified to Standard 213. (As explained lap belt to respond to the differing seated or additional, approach of establishing a below, NHTSA recommends that heights of passengers and drivers in minimum performance standard for seat children weighing over 40 pounds (lb) vehicles.’’ It, however, said at this time, it belt positioners. Further, we also seek be restrained in a booster seat until they does not recommend use of such products if information on whether there is a real- are tall enough so that they can, without the passenger is able to use a belt-positioning world safety problem of sufficient the aid of a booster seat: (1) Wear the booster. CompUTence said that FMVSS 213 magnitude to merit the agency’s taking shoulder belt comfortably across their should address all child and small adult action. shoulder, and secure the lap belt across safety devices relating to occupant restraint and that, currently, these devices are sold their pelvis, and (2) bend their legs over Petition for Rulemaking without knowledge of whether they provide the front of the seat when their backs are the safety claimed by their manufacturers. On January 31, 1996, AAP petitioned against the vehicle seat back.) NHTSA to amend Standard 213, ‘‘Child While commenters supported regulating Restraint Systems,’’ to regulate NHTSA’s Previous Consideration of the aftermarket devices, the agency is not aftermarket seat belt positioners. Seat Belt Positioners prepared to undertake rulemaking at this Aftermarket seat belt positioners, which We previously raised the question of time. NHTSA needs to better assess the safety are designed to improve the fit of the lap whether seat belt positioners should be benefits of such rulemaking, and the and shoulder belt system on a child or regulated by Standard 213 several years feasibility of a test procedure and small adult, are not currently subject to ago. In a rulemaking proceeding practicability of performance requirements. (60 FR at 35137) any Federal motor vehicle safety initiated in response to the NHTSA standard. Standard 213 applies to ‘‘any Authorization Act of 1991 (sections Agency Review of Petition device except Type I or Type II seat 2500–2509 of the Intermodal Surface belts, designed for use in a motor Transportation Efficiency Act), we In reviewing AAP’s petition, we were vehicle or aircraft to restrain, seat, or issued an NPRM seeking comment on, guided by a number of considerations. position children who weigh 50 pounds among other issues, the question of First, we believe that children’s crash or less.’’ (S4) A seat belt positioner that whether the standard should be applied protection will be maximized if parents does not restrain, seat or position to those devices, and if so, what follow the recommendations we children is not a device regulated by requirements would be appropriate. We developed on what type of restraint Standard 213. Safety Standard No. 208, later issued a final rule amending should be used for children of particular ‘‘Occupant Crash Protection’’ (49 CFR Standard 213 in areas unrelated to seat sizes. One question for us was whether 571.208) and Standard 210 (571.210), belt positioners, but in that rule we the positioners themselves, or the ‘‘Seat Belt Assembly Anchorages,’’ discussed the public comments on this statements in their marketing and apply to new, completed vehicles. issue and announced our decision (60 packaging, might encourage parents to Standard 209 (571.209), ‘‘Seat Belt FR 35126; July 6, 1995) not to propose use child restraints in a manner Assemblies,’’ applies to new seat belt applying the standard to these devices: inconsistent with those assemblies. Because an aftermarket seat recommendations. Second, we believe belt positioner is not installed as part of Six commenters responded to this issue. All believed the devices need to be subjected that use of belt positioners must not a completed vehicle or a seat belt to safety standards to ensure that they degrade the safety of children whose assembly, Standards 208, 209 and 210 provide occupants with proper safety child restraint usage is consistent with do not apply.1 protection. UM–CPP [University of Michigan the recommendations. AAP states that, because seat belt Child Protection Program] stated that the positioners are generally marketed as primary problem with these devices is that NHTSA Recommendations Regarding child occupant protection devices, the there are ‘‘no formal test procedures and Child Restraint Usage criteria for determining whether a given deflector is effective and/or better than 1 While seat belt positioners are not subject to the Our usage recommendations, which standards, they are items of motor vehicle nothing for certain vehicle belt/occupant combinations.’’ IIHS [Insurance Institute for were published in November 1997 as equipment. Accordingly, their manufacturers are part of an information brochure subject to the requirements in 49 U.S.C. 30119 and Highway Safety] strongly urged that these 30120 concerning the recall and remedy of products restraint devices to improve belt fit, be concerning on-off switches for air bags, with safety related defects. subject to Standard 213, as are booster seats. are as follows:
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What Restraint Is Right For Your Child?
Proper type of restraint (Put your child in back seat, if pos- Weight or size of your child sible)
Children less than 20 pounds,* or less than 1 year ...... Rear-facing infant seat (secured to the vehicle by the seat belts). Children from about 20 to 40 pounds* and at least 1 year ...... Forward-facing child seat (secured to the vehicle by the seat belts).
Children more than 40 pounds* ...... Booster seat, plus both portions of a lap/shoulder belt (ex- cept only the lap portion is used with some booster seats equipped with front shield).
Children who meet both criteria below: Both portions of a lap/shoulder belt.
(1) Their sitting height is high enough so that they can, without the aid of a booster seat: wear the shoulder belt comfortably across their shoulder, and secure the lap belt across their pelvis, and (2) Their legs are long enough to bend over the front of the seat when their backs are against the vehicle seat back. * To determine whether a particular restraint is appropriate for your child, see restraint manufacturer's recommendations concerning the weight of children who may safely use the restraint.
We believe that it is important that lb). A positioner that, several years ago, shoulder belt is rerouted. The seat belt positioners and other child had been advertised in packaging as ChildSafer was then recommended for passenger devices, and the statements in suitable for use by children as young as occupants between the heights of 38 their marketing and packaging, not 3 years old, 2 no longer is so inches (the standing height of the induce parents and other care givers to recommended. Now, it is instead average 3-year-old male child) to 60 restrain children in a way that may be marketed as suitable for children inches. VRTC conducted a series of 35 appropriate for a larger child, but not for weighing over 50 lb. Further, it is sled tests using a dynamic test that child. For example, children who uncertain whether or to what extent seat procedure to evaluate seat belt cannot meet the sitting height and leg belt positioners are being used with positioners using the standard frontal length criteria in the agency’s children 3- to 6-years old. State child condition specified in Standard 213 4, as recommendations should not be placed restraint use laws requiring the use of well as modified conditions to simulate directly on a vehicle seat, restrained by child safety seats would indirectly oblique (15 degree offset) impacts. the vehicle seat belts. prohibit use of a positioner alone in VRTC used test dummies representing a We believe that if seat belt positioners combination with vehicle seat belts 3-year-old and 6-year-old child, and a are marketed for children under 6 years (with no child safety seat), for 5th percentile adult female. In the test old, they can induce people to act restraining very young children (e.g., representing a 15 degree offset impact, contrary to this advice. The 50th under the age of 4). the test seat assembly was placed in two percentile 3-year-old male child weighs different positions, rotated clockwise 33 lb. Under our recommendations, a 3- NHTSA’s Dynamic Testing of Seat Belt (occupant faces toward shoulder portion year-old child should be restrained by a Positioners of seat belt) and rotated forward-facing child restraint (a Following the issuance of the July counterclockwise (occupant faces away convertible or toddler seat) rather than 1995 rule, NHTSA published a report on from shoulder portion of seat belt). by the vehicle’s seat belts. When the an evaluation by our Vehicle Research VRTC found that injury criteria child outgrows a forward-facing and Test Center (VRTC) of three types measurements were generally higher convertible or toddler seat, he or she of seat belt positioners. ‘‘Evaluation of when a seat belt positioner was used in should use a child booster seat, which Devices to Improve Shoulder Belt Fit,’’ restraining the 3-year-old dummy than lifts and positions the child to fit a DOT HS 808 383, Sullivan and when the child dummy was restrained vehicle’s belt system. The booster seat Chambers, August 1994.3 The three without a belt positioner. (The latter should be used until the child is tall devices were the ChildSafer, a plastic case is referred to as the ‘‘baseline’’ enough to wear the vehicle’s lap and strip that attaches to the lap belt and configuration. In the baseline tests shoulder belts properly without an that has three different openings conducted using the 3-year-old dummy, accessory, and can sit comfortably on through which the shoulder belt can be the dummy was positioned such that the vehicle seat with knees bent over the routed; the SafeFit, a pouch design the shoulder belt was positioned across front of the seat when the child’s back through which the lap/shoulder belt is the shoulder and away from the neck is against the vehicle seat back. routed; and the Seatbelt Adjuster, a area as best as possible.) When tested in We note that it is uncertain whether plastic clip that attaches to the lap belt, the baseline configuration, i.e., with no seat belt positioners are now generally which has a flange through which the positioner, the HIC values were less marketed for use with 3-year-old than 1000 for all tests. (However, the children. We believe that the positioners 2 This positioner, the Child-Safer, was included in HIC value for the three-year-old dummy are usually advertised in both their NHTSA’s test program, infra, and tested with the 3- promotional materials and in statements year-old dummy. 4 Standard 213’s dynamic test uses a standard on their packaging as being suitable for 3 While the study was conducted in 1994, vehicle seat assembly to which a child restraint children who weigh 50 lb or more, preparation of the report for publication was not system is attached by means of a vehicle seat belt. completed until 1995. The report is available from The seat assembly, along with the child restraint which is approximately the weight of the National Technical Information Service, system, is subjected to a frontal 30 mph change of the 50th percentile 6-year-old male (48 Springfield, VA 22161. velocity over a duration of about 80 milliseconds.
VerDate 18-JUN-99 16:20 Aug 12, 1999 Jkt 183247 PO 00000 Frm 00030 Fmt 4702 Sfmt 4702 E:\FR\FM\13AUP1.XXX pfrm07 PsN: 13AUP1 Federal Register / Vol. 64, No. 156 / Friday, August 13, 1999 / Proposed Rules 44167 in the baseline/clockwise orientation In other tests with a seat belt all the tests (with and without seat belt was marginal at 995.) When tested with positioner, the shoulder belt portion of positioners), except one of the seat belt the positioners, HIC levels, for the most the lap/shoulder belt slipped off the positioners had chest g measurements part, exceeded the 1000 HIC limit of shoulder, allowing the 3-year-old exceeding the limit of Standard 213 in Standard 213. dummy to slip around the belt. In tests the frontal and 15 degree offset In all of the tests (with and without of the 3-year-old dummy in the frontal clockwise tests. That device introduced seat belt positioners) with the 3-year-old crash configuration with a seat belt slack in the shoulder belt during the dummy, the dummy’s head hit his positioner, the increased chest g’s and test. In some of the tests, the positioners forearms. In some tests, these head head and knee excursions were still resulted in injury criteria values that impacts were more severe than in within the limits of the standard. One were lower than or approximately the others. In some tests with a seat belt positioner lowered chest g same as those obtained in the baseline positioner, the forehead would hit one measurements in the frontal and 15 tests. forearm and then bounce to the other degree offset crash configurations. The complete test results are set forth forearm. These contacts contributed to In tests with the 6-year-old dummy, in Tables 1 and 2 below. Those results the increase of the HIC measurements. when using a seat belt positioner, the should be compared to the requirements However, although removing the effect dummy tended to ‘‘roll-out’’ of the seat of Standard 213, which specifies testing of the head contact reduced the HIC belt positioner and around the shoulder in the frontal crash condition and limits values by about 6 percent, the HIC belt. The HIC, chest g’s, and head and HIC to 1000; chest acceleration to 60 g’s; values were still above the Standard 213 knee excursions increased in some cases head excursion to 813 mm; and knee criterion of 1000. but were generally within the limits for excursion to 915 mm.
TABLE 1.ÐINJURY CRITERIA AND EXCURSION FOR 3-YEAR-OLD DUMMY
Chest clip Head excur- Knee excur- Fit device HIC (g) sion (mm) sion (mm)
Limits of Standard 213 ...... 1000 60 813 915
3-Year-Old ...... Baseline (No Device) ...... 874 48.7 477 553
Frontal ...... Child Safer ...... 1309 55.1 560 615
SafeFit ...... 1095 56.5 496 618
Seatbelt adjuster ...... 999 48.1 551 583
3-Year-Old ...... Baseline (No Device) ...... 995 48.5 411 535
15° Offset Clock-wise ...... Child Safer ...... 1565 52.3 564 665
SafeFit ...... 1435 62.1 486 639
Seatbelt adjuster ...... 1238 45.4 452 580
TABLE 2.ÐINJURY CRITERIA AND EXCURSION FOR 6-YEAR-OLD DUMMY
Chest clip Head excur- Knee excur- Fit device HIC (g) sion (mm) sion (mm)
Limits of Standard 213 ...... 1000 60 813 915
6-Year-Old ...... Baseline (No Device) ...... 657 50.4 481 628
Frontal ...... Child Safer ...... 769 65.2 567 674
SafeFit ...... 427 49.1 566 649
Seatbelt adjuster ...... 634 50.8 473 604
6-Year-Old ...... Baseline (No Device) ...... 595 54.3 435 602
15° Offset Clockwise ...... Child Safer ...... 947 67.1 540 661
SafeFit ...... 621 57.7 461 580
Seatbelt adjuster ...... 794 55.1 493 640
6-Year-Old ...... Baseline (No Device) ...... 409 48.5 516 607
15° Offset Counter-clockwise ...... Child Safer ...... 509 50.1 628 605
SafeFit ...... 386 42.8 577 589
Seatbelt adjuster ...... 374 45.7 554 559
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Agency Decision Regarding AAP’s seat belt positioners might not be restraints may incorporate a tether to Petition typically used with 3-year-old children. meet this requirement). NHTSA is granting AAP’s petition As noted above, the devices are The average values for each of the and is proposing to amend our labeling typically marketed (in advertising injury criteria measured with the 6-year- regulation to require seat belt literature and on packaging) for children old dummy in compliance tests of belt- positioners to be labeled with a warning who weigh 50 lb or more, which is positioning booster seats are below against using the devices with children approximately the weight of the 50th those measured using the seat belt under the age of 6.5 We also request percentile 6-year-old male (48 lb). In positioning devices in the VRTC study. comment on whether the requirements view of the current marketing of seat HIC values in 17 compliance tests of proposed in this NPRM should also belt positioners for use by children belt-positioning booster seats using the apply to seat belt positioners installed weighing 50 lb or more, we request 6-year-old dummy have averaged 464, as original equipment in a motor comments on whether regulating the as compared to 610 for the seat belt vehicle, in addition to seat belt devices is warranted. positioning devices in the VRTC study, positioners sold directly to consumers While the VRTC study compared the and chest acceleration values have in the ‘‘aftermarket.’’ We are also asking performance of the various seat belt averaged 48.8 g’s for belt-positioning for information on other possible positioners to a baseline configuration booster seats, as compared to 55 g’s for courses of action we could take with of the test dummy restrained without the seat belt positioning devices. Head and knee excursion are also reduced by regard to the devices. the positioner (i.e., positioned directly on the test seat and restrained by a lap/ an average of 1 inch each when using a Issue 1: Is There a Safety Need for This shoulder belt), we also compared the belt-positioning seat. Rulemaking Action? performance of the seat belt positioners The data above indicate that children are typically afforded greater levels of A real-world safety problem has not (as measured in the VRTC study) to protection when using convertible-type been quantified thus far. There are no Standard 213 compliance test results of and belt-positioning booster seats than complaints in our crash files concerning convertible child restraints and belt- when using the seat belt positioning seat belt positioners. AAP did not positioning seats. We compared the devices tested in the VRTC study. These submit any information indicating that VRTC test results of the seat belt data indicate that a 3-year-old child positioners are actually causing or positioning devices to compliance tests should not be restrained using a seat exacerbating injuries. that were conducted by the agency belt positioning device. Children of this The VRTC study found that there between 1993 and 1998, using the 3- age should typically be restrained in a could be a potential safety problem. The year-old dummy in convertible child study found that three types of convertible-type child restraint, which restraints and the 6-year-old dummy in often offers a 5-point harness for added positioners generally degraded the belt-positioning booster seats. The performance of the lap/shoulder belt protection in the event of a crash. average HIC value in 363 compliance Further, the data show that a 6-year-old system when tested with the 3-year-old tests conducted on convertible child dummy, by increasing the head and child restrained in a belt-positioning restraints using the 3-year-old dummy is booster seat is provided a greater level chest injury criteria measurements, and 483.6, as compared to an average HIC of head and knee excursion measurements, of safety protection than when using a 1,134.3 for the three seat belt positioners seat belt positioning device. over the measurements made in the tested (using the frontal crash scenario baseline tests. One positioner slightly results only). This is a 57.3 percent Issue 2: Should We Require a Warning decreased chest clip values measured in reduction of HIC values when using the Label for the Devices? the frontal and 15 degree offset tests. convertible-type child restraint. Test Our tests of seat belt positioners HIC levels for the positioners were at or results also indicate that chest indicate that they generally performed exceeded the 1000 HIC limit of Standard acceleration values are reduced to an adequately with the 6-year-old dummy, 213 in all tests. When tested with the 6- average of 46.9 g’s in the 363 but did not do so in tests with 3-year- year-old dummy, the positioners compliance tests using the 3-year-old old dummy. (The devices increased the generally performed adequately, by dummy in a convertible child restraint, latter dummy’s HIC values to keeping the injury criteria from an average of 53.2 g’s using the unacceptable levels.) In view of this, we measurements within the limits of the seat belt positioning devices. are proposing to require that the devices standard. In some of the tests, the The average head and knee excursion be labeled with a warning that they positioners resulted in injury criteria in the compliance tests of the must not be used with children under values that were lower than or convertible seats was found to be 28.9 a certain age, e.g., 6 years. Alternatively, approximately the same as those inches and 32.5 inches, respectively. a child’s height might be a better obtained in the baseline tests. These values are somewhat greater than predictor of whether a positioner would However, although HIC values the 21.1 inches and 23.8 inches for head perform adequately than a child’s age. generally exceeded the limit of Standard and knee excursion found for the belt Thus, we also are requesting comments 213 in tests with the 3-year-old dummy, positioning devices during the VRTC on whether the label should include a study, but still well within the limits of warning against using the devices with 5 In November 1998, NHTSA Administrator Ricardo Martinez, M.D., formed a ‘‘Blue Ribbon 32 inches and 36 inches prescribed in children under a certain height, e.g., the Panel,’’ consisting of representatives from the auto Standard 213. It should also be noted height of a 50th percentile 6-year-old and child restraint safety communities, to examine that beginning in September of this year, male (47.5 inches, or 1206 mm), as an ways to ensure the proper protection of children child restraints will be required to meet alternative or in addition to the warning ages 5 to 16 in motor vehicles. On March 15, 1999, the panel released a set of recommendations, more stringent requirements with referencing the child’s age. including a number in the areas of product design respect to the allowable head excursion We are proposing that seat belt and research that directly address the issue of seat in dynamic testing. Convertible child positioners be labeled with information belt positioning devices. NHTSA will consider the restraints manufactured on or after that would maximize the correct recommendations of the panel in conjunction with those comments received in response to this notice September 1, 1999 will be required to positioning of the belts on the child. in determining the appropriate course of action limit head excursion of the test dummy The lap and shoulder belt needs to be regarding the regulation of belt positioning devices. to a maximum of 28 inches (the positioned so as to maximize the
VerDate 18-JUN-99 10:13 Aug 12, 1999 Jkt 183247 PO 00000 Frm 00032 Fmt 4702 Sfmt 4702 E:\FR\FM\A13AU2.043 pfrm04 PsN: 13AUP1 Federal Register / Vol. 64, No. 156 / Friday, August 13, 1999 / Proposed Rules 44169 distribution of the crash forces to the unacceptable performance of belt and distributes dynamic crash forces child’s skeletal structure. The lap belt positioners. Belt positioning devices can away from vulnerable parts of the and the shoulder belt should not be cause the lap belt to rise above the hips child’s body. Further, a toddler or positioned such that they would in a crash and press into the soft booster seat is more comfortable for increase the loading of the soft tissues abdominal area instead of staying lower children whose legs are too short to and organs of the child’s abdomen. The and lying across the child’s hips, allow them to bend their knees when shoulder belt should not be aligned so thereby increasing the potential for sitting upright against the vehicle seat that the child might twist toward the abdominal injury. Currently there are no back. These children will slouch down middle of the vehicle in a crash, or abdominal sensors on the child when seated directly on the vehicle seat adjusted with excessive slack in the dummies used by NHTSA in cushion, so as to bend their knees, and belt. We thus propose that seat belt compliance testing, or injury criteria in doing so are likely to reposition the positioners be labeled with the developed, and thus no way to evaluate vehicle’s lap belt over the soft statement: ‘‘Make sure that this device the potential for abdominal injury using abdominal area.7 The more comfortable positions the lap belt low across the the existing test protocols of Standard fit of the child restraint system’s child’s hips and not on the stomach. 213.6 platform seat therefore results in a safer The shoulder belt must be snug and on If Standard 213 were applied to belt fit of the lap restraint, compared to the the child’s shoulder, not near the neck positioners, some consumers might fit of the lap belt on a child sitting or off the shoulder.’’ Comments are erroneously conclude that a belt directly on the vehicle cushion. requested on this issue. positioner certified to the Federal Older children who can fit in a belt- The regulatory text provided in this standard would provide the same level positioning booster seat would be safer NPRM proposes a permanent label that of protection as a child restraint system. in such seats than seated on a vehicle includes the information, noted above, Some parents might respond to the seat using the vehicle seat belts and a as to how the lap and shoulder belt certification of belt positioners by seat belt positioning device of the types should be properly fitted, and prematurely moving their child out of a discussed in this document. The main information as to the model name or child safety seat into the vehicle seat object of belt positioning devices is to number of the system, the belt system, believing that the adjust the shoulder belt portion of a manufacturer’s name, and the place of ‘‘certified’’ belt positioner renders the Type II (lap and shoulder) belt so as not manufacture. The latter information vehicle belt system adequate for the to cross the child’s face or neck. Booster would be required to assist in child. The premature ‘‘graduation’’ of a seats achieve this objective by raising identifying the equipment for purposes child to the vehicle belt system would the child in relation to the belts—rather of a finding of a safety defect or a recall. be contrary to NHTSA’s than vice versa, as with belt positioning Is there enough room on these devices recommendations on restraining devices—and thereby make it less for a permanent label which children and could degrade the child’s likely, than when using a positioning incorporates all of this information in a crash protection. device, that the lap belt would be readable size? If not, are there NHTSA believes that children who positioned over the child’s abdomen. alternative means to convey the same cannot properly wear the vehicle Boosters provide a seating platform that information, e.g., a permanent label shoulder belt without a positioning enable children to bend their knees warning ‘‘Do not use for children under device should still be using a child without slouching, which may occur 6’’ on the device, in conjunction with a restraint system, such as a toddler seat when the child is seated directly on the requirement that the remaining or a belt-positioning booster, rather than vehicle seat. As noted in the previous information be provided with the the vehicle belt system. A toddler seat paragraph, slouching can result in the packaging material? provides a high back for neck support repositioning of a lap belt over the Issue 3: Should the Devices Be and typically has side supports that child’s soft abdominal area. Booster Regulated by Standard 213? cushion and protect the child in frontal seats also hold the child more securely and side impacts. Seat belt positioners and reduce the likelihood that excessive The agency tentatively believes that it do not provide such protection. In slack will be introduced into the belt would not be appropriate for seat belt addition, toddler seats have an internal system. Again, however, these positioners to be regulated by Standard restraint system (a harness system differences would be obscured by the 213. Standard 213 does not apply to which may include a shield or shelf) fact that both the seat belt positioner devices recommended for children which fits the child better than vehicle and the booster seat would be certified weighing over 50 lb, which, NHTSA belts and which does not allow direct as complying with ‘‘all applicable believes, is the recommended weight contact of a vehicle lap belt with the Federal motor vehicle safety standards.’’ range for the users of most, if not all, child. Thus, the child restraint diverts Thus, consumers might mistakenly positioners. Further, even if the current assume that both offer comparable requirements of Standard 213 were 6 Similarly, belt positioning devices increased levels of protection when they would extended to such devices, there is some neck load and moments in the VRTC tests when not. question of whether those requirements used with the 5th percentile female dummy compared to baseline conditions (no device). No To avoid this misunderstanding, could effectively assess belt positioners. NHTSA tentatively believes seat belt If the current test procedure and neck injury assessment was performed using child dummies because child dummies equipped with a positioners should not be considered as injury criteria of Standard 213 were neck load cell were not available at the time that the same type of device as a child used to test and evaluate the devices, it the VRTC test program was conducted. On September 18, 1998, NHTSA proposed to amend restraint system, or regulated by appears that belt positioners would Standard 213. Comments are requested generally pass Standard 213 when Standard 208 to require the use of new 12-month- , 3-year-, and 6-year-old dummies that are on this issue. (We also note, however, tested in accordance with the standard, instrumented with load cells to measure neck forces that use of booster seats for children i.e., with the 6-year-old dummy. This and moments when evaluating air bags in frontal weighing more than 40 pounds has been conformance would leave unaddressed crashes (63 FR 49957). The proposal also included neck injury criteria. If a procedure and criteria are and even obscure the question of adopted, seat belt positioners and other child safety 7 ‘‘Study of Older Child Restraint/Booster Seat Fit whether the standard would be able to devices may be evaluated for potential child neck and NASS Injury Analysis,’’ Klinich, Pritz, Welty, distinguish between acceptable and injury. et al., DOT HS 808 248, November 1994.
VerDate 18-JUN-99 10:13 Aug 12, 1999 Jkt 183247 PO 00000 Frm 00033 Fmt 4702 Sfmt 4702 E:\FR\FM\A13AU2.044 pfrm04 PsN: 13AUP1 44170 Federal Register / Vol. 64, No. 156 / Friday, August 13, 1999 / Proposed Rules documented to be very low. The beginning of this document. You may this NPRM are estimated to be $0.05 to availability of belt positioning devices also read the document via the Internet, $0.08 for the manufacturer’s cost. may encourage some people to use the by following the instructions in the Added consumer costs could be from shoulder portion of a lap/shoulder belt section below entitled, ‘‘How can I read $0.12 to $0.19. The agency tentatively who otherwise would put the shoulder the comments submitted by other believes that the cost increase would not belt behind their back due to physical people?’’ The PRE will be listed in the significantly raise the price of seat belt discomfort. Putting the shoulder belt docket summary, along with the positioners, and would not have a behind the back dramatically decreases comments from other people. significant economic impact on a restraint effectiveness.) The PRE notes that labeling substantial number of small entities. positioners as proposed in this NPRM Issue 4: Should the Devices Be Subject could be beneficial in helping assure Executive Order 12612 (Federalism) to Performance Requirements? If Yes, that young children are restrained in the This rulemaking action has been What Requirements Would Be most appropriate manner for their size Appropriate? analyzed in accordance with the or age. This would help prevent the principles and criteria contained in Despite the tentative conclusion degradation of safety benefits that Executive Order 12612, and the agency above, comments are requested occurs when seat belts are not properly has determined that this proposal does regarding a performance requirement, in fitted across occupants’ shoulders and not have sufficient federalism lieu of or in addition to, a labeling hips. However, we cannot currently implications to warrant the preparation requirement. Comments are requested quantify these benefits because no data of a Federalism Assessment. on the feasibility of developing a exist to determine the target population. practical procedure to dynamically test The PRE estimates that labeling costs National Environmental Policy Act resulting from the proposed labeling the performance of these devices when NHTSA has analyzed this rulemaking requirements of this NPRM could be used alone with the vehicle’s belt action for the purposes of the National $0.05 to $0.08 for the manufacturer’s system, and also in conjunction with a Environmental Policy Act. The agency cost, depending on the type of label child restraint system. If commenters has determined that implementation of used, and between $0.12 and $0.19 per are supportive of performance this action would not have any positioner for the consumer. The cost to requirements for seat belt positioners, significant impact on the quality of the label the roughly 1.7 million positioners NHTSA requests that they provide human environment. methods by which to assess the injury sold annually is expected to be between potential for areas of identified concern, $204,000 and $323,000. Executive Order 12778 (Civil Justice such as abdominal and neck loading. As Regulatory Flexibility Act Reform) noted above in this document, NHTSA The Regulatory Flexibility Act of 1980 This proposed rule would not have issued a September 18, 1998 proposal to any retroactive effect. A petition for amend Standard 208, to require the use (Public Law 96–354), as amended, requires agencies to evaluate the reconsideration or other administrative of new child dummies that are proceeding will not be a prerequisite to instrumented with load cells to measure potential effects of their proposed and final rules on small businesses, small an action seeking judicial review of this neck forces and moments when organizations and small governmental rule. This proposed rule would not evaluating air bags in frontal crashes. jurisdictions. Section 603 of the Act preempt the states from adopting laws The proposal included neck injury requires agencies to prepare and make or regulations on the same subject, criteria. Comments are requested on the available for public comment a except that it would preempt a state appropriateness of using the proposed preliminary regulatory flexibility regulation that is in actual conflict with procedure and criteria for evaluating analysis (PRFA) describing the impact the Federal regulation or makes neck injury potential using various of proposed rules on small entities. compliance with the Federal regulation child dummies restrained in seat belt NHTSA has included a PRFA in the PRE impossible or interferes with the positioners. for this proposal. implementation of the Federal statute. Business entities are generally defined Rulemaking Analyses and Notices Comments as small businesses by Standard Executive Order 12866 (Federal Industrial Classification (SIC) code, for How Do I Prepare and Submit Regulation) and DOT Regulatory the purposes of receiving Small Comments? Policies and Procedures Business Administration assistance. This rulemaking document was not One of the criteria for determining size, Your comments must be written and reviewed under E.O. 12866, ‘‘Regulatory as stated in 13 CFR 121.601, is the in English. To ensure that your Planning and Review.’’ The agency has number of employees in the firm. To comments are correctly filed in the considered the impact of this qualify as a small business in the Motor Docket, please include the docket rulemaking action under the Vehicle Parts and Accessories category number of this document in your Department of Transportation’s (SIC 3714), the firm must have fewer comments. regulatory policies and procedures, and than 750 employees. The agency has Your comments must not be more has determined that it is not considered the small business impacts than 15 pages long. (49 CFR 553.21). We ‘‘significant’’ under them. NHTSA has of this proposed rule based on this established this limit to encourage you prepared a preliminary regulatory criterion. to write your primary comments in a evaluation (PRE) for this document The PRFA discusses the possible concise fashion. However, you may which discusses issues relating to the impacts of this action on small attach necessary additional documents potential costs, benefits and other businesses that manufacture belt to your comments. There is no limit on impacts of this regulatory action. The positioning devices and requests the length of the attachments. PRE is available in Docket No. 99–5100 information that would assist NHTSA in Please submit two copies of your and may be obtained by contacting further analyzing those impacts. As comments, including the attachments, Docket Management at the address or noted above, possible labeling costs to Docket Management at the address telephone number provided at the resulting from the labeling provisions of given above under ADDRESSES.
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How Can I Be Sure That My Comments (4) On the next page, which contains alter the positioning of Type I and/or Were Received? docket summary information for the Type II belt systems in motor vehicles. If you wish Docket Management to docket you selected, click on the desired (e) Requirements. Each manufacturer notify you upon its receipt of your comments. of a seat belt positioner shall You may download the comments. comments, enclose a self-addressed, permanently label the device with the However, since the comments are stamped postcard in the envelope following information: imaged documents, instead of word containing your comments. Upon (1) The model name or number of the processing documents, the downloaded receiving your comments, Docket system. comments are not word searchable. (2) The manufacturer’s name, or a Management will return the postcard by Please note that even after the mail. distributor’s name, if the distributor comment closing date, we will continue assumes responsibility for all duties and How Do I Submit Confidential Business to file relevant information in the liabilities imposed on the manufacturer Information? Docket as it becomes available. Further, with respect to the device by 49 U.S.C. some people may submit late comments. If you wish to submit any information 30101 et seq. Accordingly, we recommend that you under a claim of confidentiality, you (3) The place of manufacture (city and periodically check the Docket for new should submit three copies of your State, or foreign country), or the location material. complete submission, including the (city and State, or foreign country) of the information you claim to be confidential List of Subjects 49 CFR Part 575 principal offices of the distributor, if the business information, to the Chief distributor’s name is used instead of the Consumer protection, Labeling, Motor manufacturer’s name. Counsel, NHTSA, at the address given vehicle safety, Motor vehicles. above under FOR FURTHER INFORMATION (4) A statement warning that the CONTACT. In addition, you should PART 575Ð[AMENDED] CONSUMER device must not be used with children submit two copies, from which you INFORMATION REGULATIONS under the age of six [alternatively, or have deleted the claimed confidential additionally, under the height of 47.5 business information, to Docket In consideration of the foregoing, inches (1206 mm).] Management at the address given above NHTSA proposes to amend 49 CFR Part (5) The statement: ‘‘Make sure that under ADDRESSES. When you send a 575 as set forth below. this device positions the lap belt low comment containing information 1. The authority citation for Part 575 across the child’s hips and not on the claimed to be confidential business would continue to read as follows: stomach. The shoulder belt must be information, you should include a cover Authority: 49 U.S.C. 322, 30111, 30115, snug and on the child’s shoulder, not letter setting forth the information 30117 and 30166; delegation of authority at near the neck or off the shoulder.’’ specified in our confidential business 49 CFR 1.50. Issued on August 9, 1999. information regulation. (49 CFR Part 2. Section 575.4(a) would be revised L. Robert Shelton, 512.) to read as follows: Associate Administrator for Safety Performance Standards. Will the Agency Consider Late Subpart AÐGeneral Comments? [FR Doc. 99–20950 Filed 8–11–99; 8:45 am] * * * * * BILLING CODE 4910±59±P We will consider all comments that Docket Management receives before the § 575.4 Application close of business on the comment (a) General. Except as provided in DEPARTMENT OF THE INTERIOR closing date indicated above under paragraphs (b) through (d) of this DATES. To the extent possible, we will section, each section set forth in subpart Fish and Wildlife Service also consider comments that Docket B of this part applies, according to its Management receives after that date. terms, to motor vehicles, tires and items 50 CFR Part 17 How Can I Read the Comments of motor vehicle equipment RIN 1018±AF57 Submitted by Other People? manufactured after the effective date indicated. Endangered and Threatened Wildlife You may read the comments received * * * * * and Plants; Proposed Rule To List the by Docket Management at the address 3. Section 575.101 would be added to Scaleshell Mussel as Endangered given above under ADDRESSES. The read as follows: hours of the Docket are indicated above AGENCY: Fish and Wildlife Service, in the same location. § 575.101 Seat belt positioners Interior. You may also see the comments on (a) Scope. This section requires ACTION: Proposed rule. the Internet. To read the comments on manufacturers of seat belt positioners to the Internet, take the following steps: provide information about the correct SUMMARY: We, the U.S. Fish and (1) Go to the Docket Management use of the devices and warn against the Wildlife Service, propose endangered System (DMS) Web page of the use of the devices with small children. status pursuant to the Endangered Department of Transportation (http:// (b) Purpose. The purpose of this Species Act of 1973, as amended (Act), dms.dot.gov/). section is to provide purchasers for the scaleshell mussel (Leptodea (2) On that page, click on ‘‘search.’’ information related to the performance leptodon). This species historically (3) On the next page (http:// of seat belt positioners with small occurred in 13 states in the eastern dms.dot.gov/search/), type in the four- children. United States. Currently, the species is digit docket number shown at the (c) Application. This section applies known from a few scattered populations beginning of this document. Example: If to seat belt positioners that are not an within the Mississippi River Basin in the docket number were ‘‘NHTSA– integral part of a motor vehicle. Missouri, Oklahoma, and Arkansas. 1999–1234,’’ you would type ‘‘1234.’’ (d) Definitions. Seat belt positioner Scaleshell inhabits medium-sized to After typing the docket number, click on means a device, other than a belt- large rivers with stable channels and ‘‘search.’’ positioning seat, that is manufactured to good water quality. The abundance and
VerDate 18-JUN-99 10:13 Aug 12, 1999 Jkt 183247 PO 00000 Frm 00035 Fmt 4702 Sfmt 4702 E:\FR\FM\A13AU2.046 pfrm04 PsN: 13AUP1 44172 Federal Register / Vol. 64, No. 156 / Friday, August 13, 1999 / Proposed Rules distribution of scaleshell have decreased upper part of the shell) are reduced to typical riffle species, occurring only in due to habitat loss and adverse effects a small thickened ridge. The lateral clear, unpolluted water with good associated with water quality teeth (the elongated teeth along the current. Conversely, Call (1900), degradation, reservoir construction, hinge line of the shell) are moderately Goodrich and Van der Schalie (1944), sedimentation, channelization, and long with two indistinct teeth occurring and Cummings and Mayer (1992) dredging. These habitat changes have in the left valve and one fine tooth in reported collections from muddy resulted in significant extirpations, the right. The beak cavity is very bottoms of medium-sized and large restricted and fragmented distributions, shallow. The nacre (the interior layer of rivers. The unifying characteristic and poor recruitment. This proposed the shell) is pinkish white or light appears to be an intact system (stable rule, if made final, would extend the purple and highly iridescent. channels) with good water quality. This is consistent with the current Act’s protection to the scaleshell Life History mussel. distribution of scaleshell. Most extant The general biology of scaleshell is DATES: Send your comments to reach us populations are restricted to river on or before October 12, 1999. We will similar to other bivalved mollusks stretches with stable channels not consider comments received after belonging to the family Unionidae. (Buchanan 1980, Harris 1992) and that the above date in making our decision Adults are filter-feeders, spending their have maintained relatively good water entire lives partially or completely on the proposed rule. We must receive quality (Oesch 1995). Scaleshell is buried within the substrate (Murray and requests for public hearings by usually collected in association with a Leonard 1962). Their food includes September 27, 1999. high diversity of other freshwater detritus, plankton, and other mussels. ADDRESSES: The complete microorganisms (Fuller, 1974). Unionids administrative file for this rule is have an unusual mode of reproduction. Distribution and Abundance available for inspection, by Their life cycle includes a brief, Scaleshell historically occurred across appointment, during normal business obligatory parasitic stage on fish. Eggs most of the eastern United States. While hours at the U.S. Fish and Wildlife develop into microscopic larvae the scaleshell had a broad distribution, Service, Bishop Henry Whipple Federal (glochidia) within special gill chambers locally it was a rare species (Gordon Building, 1 Federal Drive, Fort Snelling, (ectobranchous marsupia) of the female. 1991, Oesch 1995, Call 1900). Williams MN 55111–4056, (telephone 612–713– The female expels the mature glochidia et al. (1993) reported the historical range 5342). and they must attach to the gills or the as Alabama, Arkansas, Illinois, Indiana, FOR FURTHER INFORMATION CONTACT: fins of an appropriate fish host to Iowa, Kentucky, Michigan, Mississippi, Andy Roberts at the U.S. Fish and complete development. Host fish Missouri, Ohio, Oklahoma, South Wildlife Service, Columbia Field Office, specificity varies among unionids. Some Dakota, Tennessee, and Wisconsin. 608 East Cherry Street, Room 200, species appear to use a single host, Clarke (1996) also reported scaleshell Columbia, Missouri 65201, (telephone while others can transform on several occurrence from the Minnesota River, 573–876–1911, ext. 110). host species. Following proper Minnesota. Within the last 50 years, this SUPPLEMENTARY INFORMATION: infestation, glochidia transform into species has become increasingly rare juveniles and excyst (drop off). For and its range greatly restricted. Of the 53 Background further information on the life history of historical populations, 13 remain The scaleshell mussel (Leptodea freshwater mussels, see Gordon and scattered within the Mississippi River leptodon) was described by Rafinesque Layzer (1989) and Watters (1995). Basin, including the Meramec, in 1820. Synonymy includes Unio Mussel biologists know relatively Bourbeuse, Big, and Gasconade Rivers velum (Say), Sympnynota tenuissima little about the specific life history in Missouri; the South Spring, St. (Lea), Lampsilis blatchleyi (Daniels), requirements of scaleshell. Baker (1928) Francis, Little, Mountain Fork, Spring, and Lampsilis leptodon (Rafinesque). surmised that scaleshell is a long-term and South LaFave Rivers and Frog Buchanan (1980), Cummings and brooder (spawns in fall months and Bayou and Gates Creek in Arkansas; and Mayer (1992), Oesch (1995), and Watters females brood the larvae in their gills the Kiamichi River in Oklahoma. (1995) provide descriptions of the until the following spring or summer). Of the 13 extant scaleshell scaleshell mussel (scaleshell). The shell Glochidia present in the ectobranchous populations, three are thought to be grows to about three to ten centimeters marsupia in September, October, stable (long term persistence is possible (one to four inches) in length. The shells November, and March support that but unsure), two are declining, four are are elongate, very thin, and compressed. conclusion (Gordon 1991). The presumed to be declining (long term The anterior end is rounded. In males, scaleshell mussel uses the freshwater persistence is in doubt), and the status the posterior end is bluntly pointed. In drum (Aplodinotus grunniens) as the of four are unknown. Six additional females, the periostracum (the outside fish host for its larvae (Chris Barnhart, populations may also persist but their layer or covering of the shell) forms a Southwest Missouri State University, current status is uncertain due to lack of wavy, fluted extension of the posterior pers. comm., 1998). Other species in the recent collections or surveys end of the shell. The dorsal margin is genus Leptodea and a closely related (Szymanski 1998). straight and the ventral margin is gently genus Potamilus are also known to use Upper Mississippi River Basin rounded. Beaks (the raised or domed freshwater drum exclusively as a host part of the dorsal margin of the shell) (Roe and Lydeard 1997, Watters 1994). Scaleshell formerly occurred in eight are small and low, nearly even with the rivers and tributaries within the upper hinge line. The beak sculpture is Habitat Characteristics Mississippi River Basin, including the inconspicuously compressed and The scaleshell occurs in a variety of Mississippi River in Illinois, Iowa, and consists of four or five double-looped river habitats. For example, Buchanan Wisconsin; the Minnesota River in ridges. The periostracum is smooth, (1980, 1994) and Gordon (1991) Minnesota; Burdett’s Slough in Iowa; yellowish green or brown, with reported scaleshell from riffle areas with the Iowa and Cedar Rivers in Iowa; and numerous faint green rays. The substrate assemblages of gravel, cobble, the Illinois, Sangamon, and Pecatonica pseudocardinal teeth (the triangular, boulder, and occasionally mud or sand. Rivers in Illinois. However, the often serrated, teeth located on the Oesch (1995) considered scaleshell a scaleshell has not been found in more
VerDate 18-JUN-99 10:13 Aug 12, 1999 Jkt 183247 PO 00000 Frm 00036 Fmt 4702 Sfmt 4702 E:\FR\FM\A13AU2.067 pfrm04 PsN: 13AUP1 Federal Register / Vol. 64, No. 156 / Friday, August 13, 1999 / Proposed Rules 44173 than 50 years in the Upper Mississippi with specimens collected from the Buchanan (1994) surveyed the Basin and is believed extirpated from mainstem Meramec River (34 specimens Gasconade River, and he found it to that basin (Kevin Cummings, Illinois from 9 sites), the Bourbeuse River (10 support 36 species of freshwater Natural History Survey, in litt. 1994). specimens from 5 sites), and the Big mussels. He collected scaleshell River (2 specimens from 1 site). The specimens at eight sites between river Middle Mississippi River Basin MDC documented live scaleshell at four miles 6 and 57.7. Buchanan found only Historically, scaleshell occurred in 25 of the five sites where Buchanan dead shells at two sites and eight live rivers and tributaries within the middle previously collected live specimens on specimens at the remaining six sites. Mississippi River Basin including the the Meramec River (Sue Bruenderman, Overall, scaleshell comprised less than Kaskaskia River in Illinois; the pers. comm. 1998). One site where they 0.1% of the mussels collected. If mainstem Ohio River in Kentucky and did not reconfirm scaleshell had only populations still exist in any of the Ohio; the Wabash River in Illinois and two live mussels where Buchanan had rivers within the Missouri River Indiana; the White River and Sugar previously observed 93 living drainage, their long-term persistence is Creek in Indiana; the Green and Licking individuals. This site no longer supports undoubtably precarious. Rivers in Kentucky; the Scioto, St. suitable mussel habitat. Although Middle Mississippi River Basin Mary’s, and East Fork Little Miami portions of the Meramec River continue summary—Of the 25 rivers and Rivers in Ohio; the Cumberland River in to provide suitable habitat, mussel tributaries in the middle Mississippi Kentucky and Tennessee, Beaver Creek species diversity and abundance have River Basin, four, and possibly five, in Kentucky; Caney Fork in Tennessee; declined noticeably above mile 64 since support scaleshell populations today. the Tennessee River in Alabama and 1980. While populations in the Meramec and Tennessee; the Clinch, Holston, and The number of scaleshell specimens Bourbeuse Rivers are likely stable, Duck Rivers in Tennessee; Auxvasse MDC collected in 1997 is greater than numbers in the Big and Gasconade Creek in Missouri; the Meramec, that reported by Buchanan’s study Rivers are presumed declining, and the Bourbeuse, South Grand, Gasconade, (Buchanan 1980); however, the small status of populations in the Big Piney and Big Piney Rivers in Missouri; and number of specimens collected, River are unknown (Szymanski 1998). the mainstem Missouri River in South especially from the Bourbeuse and Big Lower Mississippi River Basin Dakota. The scaleshell has been Rivers, indicates that the long-term extirpated from most of the middle viability of these populations is Scaleshell historically occupied 20 Mississippi River Basin. Currently, the tenuous. Moreover, the limited rivers and tributaries in the lower scaleshell is extant in four, possibly availability of mussel habitat and the Mississippi River Basin. These include five, rivers within the Meramec River loss of mussel beds since 1980 from the St. Francis, White, James, Spring, and Missouri River drainages in sedimentation, eutrophication, and Little Missouri, Middle Fork Little Red, Missouri as described below. unstable substrates (Buchanan in litt. Saline, Ouachita, Cossatot, South Meramec River Basin (Missouri)—In 1997; Sue Bruenderman pers. comm. Fourche LaFave, and Strawberry Rivers 1979, Buchanan surveyed for mussels at 1998) indicate that scaleshell in Arkansas; South Fork Spring, Frog 198 sites within the Meramec River populations within the Meramec River Bayou and Myatt Creek in Arkansas; Basin (Buchanan 1980). Of these sites, Basin are threatened. Poteau, Little, and Kiamichi Rivers in 14 had evidence of live or dead Missouri River drainage (South Oklahoma; and Gates Creek and scaleshell. Seven of the 14 sites were in Dakota, Missouri)—Within the Missouri Mountain Fork in Oklahoma. the lower 112 miles of the Meramec River drainage, Buchanan (1980, 1994) St. Francis River (Arkansas and River, five in the lower 54 miles of the and Oesch (1995) reported scaleshell Missouri)—Bates and Dennis (1983), Bourbeuse River, and two in the lower from Missouri, Gasconade, Big Piney Ahlstedt and Jenkinson (1987), Clarke 10 miles of the Big River. In addition to and South Grand Rivers and Auxvasse (1985), and Rust (1993) conducted being restricted to only three rivers, Creek. The last collection of Scaleshell mussel surveys on the St. Francis River scaleshell is also locally rare. Buchanan from Auxvasse Creek was in the late in Arkansas and Missouri. Records of found that the species comprised less 1960s (Buchanan, in litt. 1997). dead mussels and relict shells indicate than 0.1 percent of the 20,589 living Similarly, the last known collection date that at one time mussels were naiades found in the basin. He collected for the South Grand is the early 1970s, distributed throughout the river (Bates live specimens at four sites, three in the and this collection site, now inundated and Dennis 1983). Clarke (1985) Meramec and one in the Bourbeuse. by Truman Lake, is unsuitable for documented scaleshell at two sites by Although the lower 108 miles of the scaleshell (Buchanan, in litt. 1997). The single specimens. Bates and Dennis Meramec River had suitable habitat for only specimen reported from the (1983) determined that of the 54 sites many rare species, live scaleshell were mainstem Missouri River is from South sampled, 15 were productive, 10 found only in the lower 40 miles Dakota adjacent to the Nebraska border marginal, and 29 had either no shells or (Buchanan 1980). Both the Bourbeuse (Hoke 1983). This occurrence represents dead specimens only. Although and Big Rivers had lower species the westernmost record within the scaleshell was not collected, they diversity and less suitable habitat than Upper Mississippi River Basin. A identified 48 miles of probable suitable the Meramec River. Suitable habitat subsequent survey failed to relocate live mussel habitat: Wappapello Dam, to occurs only in the lower 54 miles of the specimens or relict shells (Clarke 1996). Mingo Ditch, Missouri; Parkin to Bourbeuse River and lower 10 miles of However, high water conditions limited Madison Arkansas; and Marianna to the the Big River (Buchanan 1980). Clarke’s survey and it is uncertain if confluence with the Mississippi River at The Missouri Department of scaleshell is still present below Gavin’s Helena, Arkansas. They indicated that Conservation (MDC) sampled 78 sites in Point Dam (Nell McPhillips, U.S. Fish the remaining river miles were an intensive resurvey of the Meramec and Wildlife Service, in litt. 1998). A unsuitable for mussels. If scaleshell is River Basin in 1997 (Sue Bruenderman, single, fresh dead specimen was extant in the St. Francis River, it will be Missouri Department of Conservation, collected from Big Piney River in 1981 restricted to the few patches of suitable in litt. 1998). Similar to Buchanan’s (Bruenderman, in litt. 1998). No other habitat. findings (1980), scaleshell represented specimens of scaleshell have been White River (Arkansas)—Clarke only 0.4 percent of the living mussels, documented from this river. (1996) noted the collection, in 1902, of
VerDate 18-JUN-99 10:13 Aug 12, 1999 Jkt 183247 PO 00000 Frm 00037 Fmt 4702 Sfmt 4702 E:\FR\FM\A13AU2.070 pfrm04 PsN: 13AUP1 44174 Federal Register / Vol. 64, No. 156 / Friday, August 13, 1999 / Proposed Rules a single specimen from the White River River no longer provides mussel habitat. scaleshell in the Mulberry River is near Garfield, Arkansas. A late 1970s Clarke (1987) stated that suitable mussel unlikely. survey of the White River between habitat was restricted to a six-mile Red River Drainage (Oklahoma)—In Beaver Reservoir and its headwaters stretch from the confluence of Tick the Red River drainage, Valentine and failed to relocate live or dead scaleshell Creek upstream to the mouth of Stansbery (1971) reported the collection individuals. Navigation maintenance Meadow Creek. of a single, undated specimen from activities have relegated mussel Arkansas River Basin (Oklahoma and Gates Creek, a tributary of the Kiamichi populations to a few refugial sites, none Arkansas)—Scaleshell has been River. Isley (1925) first collected of which support scaleshell (Bates and collected from the Arkansas River Basin scaleshell from the Kiamichi River in Dennis 1983). Specimens have not been in Oklahoma and Arkansas. The species 1925. Based on his account, the collected from the James River, a is reported from the Poteau River in Kiamichi River historically supported a tributary of the White River, since Oklahoma (Gordon 1991), Frog Bayou in diverse and abundant mussel fauna. He before 1950 (Clarke 1996). It is unlikely Arkansas (Harris and Gordon 1987), and collected 36 specimens of scaleshell at that either river currently supports the South Fourche La Fave and one of 22 stations visited. As recently as scaleshell. Mulberry Rivers in Arkansas (Gordon 1987, Clarke described the Kiamichi Spring River (Arkansas)—An eight- 1991 and Harris 1992). Despite several River as ‘‘in remarkably good condition’’ mile section of the Spring River in freshwater mussel surveys of the Poteau and a ‘‘faunal treasure’’ (Clarke 1987). Arkansas supports a diverse assemblage River (Isely 1925, Branson 1984, Harris However, despite extensive searches of of freshwater mussels (Gordon et al. 1994), only a single, undated specimen the Kiamichi River over the last 11 1984, Arkansas Highway and has been collected (Gordon 1980). The years, only a single fresh dead shell of Transportation Dept 1984, Miller and persistence of scaleshell in Poteau River scaleshell (in 1987) has been collected Hartfield 1986). The collections from is doubtful. (Caryn Vaughn, Oklahoma Biological this river total eight scaleshell Frog Bayou (Arkansas)—Gordon Survey, pers. comm. 1997; Charles specimens (Cummings in litt. 1994, (1980) collected two scaleshell Mather, University of Science and Arts Clarke 1996, Arkansas State Highway specimens from Frog Bayou. Beaver of Oklahoma, in litt. 1984 and 1995). and Transportation Dept. 1984). Gordon Reservoir now inundates one of the Frog Vaughn (pers. comm. 1997) failed to et al. (1984) surveyed the river and Bayou collection sites. The most recent find even a dead shell during three reported suitable mussel habitat collection was a fresh dead individual years (1993–1996) of surveys in the Red between river miles 3.2 and 11.0, during a 1979 survey (Gordon 1980). River Basin. However, the Kiamichi although species richness below river Gordon noted that stream bank River is in relatively good shape above mile 9 had declined markedly compared bulldozing upstream recently disturbed the Hugo Reservoir, (Clarke 1987) and to past surveys. Gordon et al. (1984), as this site and other nearby sites. He also may still support a remnant population well as Miller and Hartfield (1986), reported in-stream gravel mining of scaleshell. reported that the lower three miles of activities at several sites. Within Frog Little River, Red River Drainage river were completely depleted of Bayou, potential habitat is restricted to (Oklahoma)—Although there is no mussels and contained no suitable the area between Rudy and the evidence of scaleshell persisting in the habitat. Harris did not document confluence of the Arkansas River. Above Little River, above the Pine Creek scaleshell in a 1993 survey of the Spring Rudy, two reservoirs impact the river; Reservoir a healthy mussel population River (John Harris, Arkansas State one near Maddux Spring and the other persists (Vaughn in litt. 1997). Below University, in litt. 1997). at Mountainburg. Live mussels have not Pine Creek Lake, the mussel fauna is Scaleshell was collected from the been found at the confluence of the severely depleted but recovers with South Fork of the Spring River in 1983 Arkansas River, likely due to dredging increasing distance from the and 1990. During the 1983 survey, activities (Gordon 1980). Although the impoundment (Vaughn in litt. 1997). Harris (in litt. 1997) collected four current status of scaleshell in Frog Valentine and Stansbery (1971) reported specimens near Saddle, Arkansas, and Bayou is uncertain, any remaining a single specimen from Mountain Fork. one specimen and one valve north of individuals are in potential jeopardy Clarke (1987) hypothesized that, based Hunt, Arkansas. During a subsequent due to limited habitat and in-stream on the presence of mussel populations visit in 1990, Harris collected young mining activities. at the confluence of Mountain Fork and adults (Harris, pers. comm. 1995). South Fork La Fave River beyond the Arkansas border, damage to Although juveniles were not found, the (Arkansas)—The only scaleshell record Mountain Fork from the Broken Bow presence of young adults suggests that from the South Fork La Fave River is Reservoir has not occurred. However, reproduction recently occurred. based on a single live specimen found Vaughn (in litt. 1997) indicated that Strawberry River and Myatt Creek in 1991 (Harris 1992). The potential of these populations have been severely (Arkansas)—Records of scaleshell from discovering additional populations in depleted with most no longer containing the Strawberry River and the Myatt this river is unlikely due to the limited live mussels. Although extensive Creek are based on single specimen availability of suitable substrate. surveys throughout the length of the collections (Harris in litt. 1997). In 1996, Similarly, other major tributaries of the Little River have not documented Harris collected a live specimen from South Fourche La Fave River provide scaleshell, suitable habitat remains and the Strawberry River near the little mussel habitat. Like Frog Bayou, scaleshell individuals may persist confluence with Clayton Creek in the persistence of scaleshell in this river (Vaughn in litt. 1997). However, the Lawrence County. He also collected a is in doubt. discharge of reservoir water from Pine single relict specimen from Myatt Creek Mulberry River (Arkansas)—Although Creek and periodic discharge of in Fulton County in 1996 (Harris in litt. Gordon (1991) reported scaleshell from pollution from Rolling Fork Creek 1997). the Mulberry River, documentation is would seriously impact any remaining Little Red River (Arkansas)—The lacking (no written acknowledgment). A viable populations and prohibit any historical locality (near Shirley, Van recent survey did not find the species in future recolonization (Clarke 1987). Buren County, Arkansas) where a single, the Mulberry River (Craig Hilborne, U.S. If scaleshell still occurs in the Red specimen of scaleshell was collected Forest Service, pers. comm. 1995; River drainage in Oklahoma, extant from the Middle Fork of the Little Red Stoeckel et al. 1995). Persistence of populations are probably small and are
VerDate 18-JUN-99 10:13 Aug 12, 1999 Jkt 183247 PO 00000 Frm 00038 Fmt 4702 Sfmt 4702 E:\FR\FM\A13AU2.072 pfrm04 PsN: 13AUP1 Federal Register / Vol. 64, No. 156 / Friday, August 13, 1999 / Proposed Rules 44175 likely restricted to isolated areas of a candidate species as a species for populations persisting in only 13 rivers suitable habitat in the Kiamichi and which we have on file sufficient in three states. Scaleshell has been Mountain Fork rivers. Given the information to propose it for protection eliminated from the entire upper and extensive survey effort over the last under the Act. We designated scaleshell most of the middle Mississippi River decade, long-term survival of the as a candidate species on October 16, drainages. Although much of the scaleshell in Oklahoma is doubtful. 1998. decline occurred before 1950, Cossatot and Saline Rivers On May 8, 1998, we published Listing population declines continue in some (Arkansas)—Harris collected single Priority Guidance for Fiscal Years 1998 portions of the species’ range and specimens of scaleshell from the and 1999 (63 FR 25502). The guidance numerous threats are likely to impact Cossatot and Saline Rivers in Arkansas clarifies the order in which we will the few remaining viable extant in 1983 (Harris in litt. 1997) and 1987 process rulemakings, giving highest populations. Water pollution, (Harris pers. comm. 1995), respectively. priority (Tier 1) to processing sedimentation, channelization, and No other information is available for emergency rules to add species to the impoundments contributed to the either river. The existence of scaleshell Lists of Endangered and Threatened decline of scaleshell throughout its in the Ouachita River and its two Wildlife and Plants (Lists); second range. A general description of how tributaries, the Saline River and Little priority (Tier 2) to processing final these factors affect mussels is given Missouri River, is sporadic as well. Both determinations on proposals to add below. Refer to Szymanski (1998) for a the Little Missouri and Saline rivers species to the Lists, processing new more detailed discussion. records are based on single specimens. proposals to add species to the Lists, Mussel biologists generally accept The Saline River specimen was processing administrative findings on that contaminants are partially collected in 1946 (Clarke 1996), and the petitions (to add species to the Lists, responsible for the decline of mussels Little Missouri River collection record is delist species, or reclassify listed (Havlik and Marking 1987, Williams et from 1995 (Harris in litt. 1997). Four species), and processing a limited al. 1993, Biggins et al. 1996). Because undated museum specimens taken from number of proposed or final rules to mussels are sedentary, they are Arkadelphia, Clark County, Arkansas delist or reclassify species; and third extremely vulnerable to toxic effluents document the occurrence of scaleshell priority (Tier 3) to processing proposed and changes in water chemistry from in the Ouachita River (Clarke 1996). or final rules designating critical habitat. point and nonpoint source pollution. Based on the few collections and the The processing of this proposed rule Point source pollution is the entry of limited habitat available, the long-term falls under Tier 2. material from a discrete, identifiable persistence of scaleshell in Cossatot, source such as industrial effluents, Summary of Factors Affecting the Saline, Little Missouri, and Ouachita sewage treatment plants, and solid Species Rivers is precarious. waste disposal sites. Freshwater mussel Lower Mississippi River Basin Section 4 of the Act and regulations mortality from toxic spills and polluted summary—Of these 20 rivers and (50 CFR Part 424) promulgated to water are well documented (Ortmann tributaries in the lower Mississippi implement the listing provisions of the 1909, Baker 1928, Cairns et al. 1971, River Basin, nine, and possibly an Act set forth the procedures for adding Goudreau et al. 1988). Decline and additional five, support scaleshell species to the Federal lists. We may elimination of populations may be due populations today. Of these determine a species to be endangered or to acute and chronic toxic effects that populations, the South Spring River is threatened due to one or more of the result in direct mortality, reduced likely stable; the St. Francis River, five factors described in section 4(a)(1). reproductive success, or compromised Kiamichi River, Little River, and These factors and their application to health of the animal or host fish. Mountain Fork are declining; the Spring scaleshell (Leptodea leptodon) are as Nonpoint source pollution is the entry River, Frog Bayou, South Fourche follows: of material into the environment from a LaFave River, and Gates Creek are A. The Present or Threatened diffuse source such as runoff from presumed declining; and the status of Destruction, Modification, or cultivated fields, pastures, private populations in Mayatt Creek, Strawberry Curtailment of its Habitat or Range. The wastewater effluents, agricultural feed- River, Cossatot River, Saline River and loss of mussel diversity in the United lots and poultry houses, active and Little Missouri River are unknown States has been well documented and is abandoned mines, construction, and (Szymanski 1998). a major concern for conservation highway and road drainage. Stream biologists. In a review of the Previous Federal Action discharge from these sources may conservation status of native freshwater accelerate eutrophication (i.e., organic We had identified the scaleshell as a fauna, the American Fisheries Society enrichment), decrease oxygen Category 2 species in notices of review found that of the 297 native freshwater concentration, increase acidity and published in the Federal Register on mussels, 71 percent are imperiled conductivity, and cause other changes May 22, 1984 (49 FR 21664). Scaleshell (Williams et al. 1993). Similarly, The in water chemistry that are detrimental remained a Category 2 in subsequent Nature Conservancy recognizes 55 to the survival of most mussel species notices including January 6, 1989 (54 FR percent of North America’s mussel and may impact host fishes (Goudreau 554), November 21, 1991 (56 FR 58804), fauna as extinct or imperiled (Master et al. 1988, Dance 1981, Fuller 1974). November 15, 1994 (59 FR 58982). Prior 1990 in LaRoe et al. 1995). Habitat loss Sediment is material that is in to 1996, a Category 2 species was one and degradation are the primary causes suspension, is being transported, or has that we were considering for possible of the precipitous decline of unionids been moved as the result of erosion addition to the Federal List of (Neves 1993). (USSCS 1988). Although sedimentation Endangered and Threatened Wildlife, Arguably, the scaleshell has suffered is a natural process, agricultural but for which conclusive data on a greater range restriction than any other encroachment, channelization, biological vulnerability and threat were unionid. The range of this species was impoundments, timber harvesting not available to support a proposed rule. once expansive, spanning the within riparian zones, heavy We stopped designating Category 2 Mississippi River Basin in at least 53 recreational use, urbanization, and other species in the February 28, 1996, Notice rivers and 13 States. Today, the range is land use activities can accelerate of Review (61 FR 7596). We now define significantly reduced with known extant erosion (Waters 1995, Myers et al. 1985,
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Chesters and Schierow 1985). The water depend on for dispersal. Upstream Bruenderman (pers. comm. 1998) quality impacts caused by populations can become reproductively attributed this decline primarily to the sedimentation are numerous. Generally, isolated causing a decrease in genetic loss of channel stability. The Bourbeuse it affects aquatic biota by altering the diversity. Even small, lowhead dams River has undergone the greatest change substratum (Ellis 1936, USSCS 1988, can hinder fish movement and isolate with respect to mussel populations. In Myers et al. 1985) and by altering the mussel populations from fish hosts. For particular, mussel populations have chemical and physical composition of example, Watters (1996) determined declined in the lower river. Whereas the water (Ellis 1936, Myers et al. 1985, that the upstream distribution of two Buchanan (1980) found this section of USSCS 1988). Sedimentation directly mussel species, the fragile papershell the Bourbeuse River to have the greatest affects freshwater mussel survival by (Leptodea fragilis) and pink heelsplitter mussel diversity, this stretch was nearly interfering with respiration and feeding. (Potamilus alatus), which like scaleshell void of mussels when resurveyed in Due to their difficulty in escaping are also believed to use the freshwater 1997. Buchanan (in litt. 1997) and smothering conditions (Imlay 1972, drum as a sole host, stopped at lowhead Bruenderman (pers. comm. 1998) Aldridge et al. 1987), a sudden or slow dams. attributed this decline to several factors, blanketing of stream bottom with Many of the same threats that caused including sedimentation, sediment can suffocate freshwater the extirpation of historical populations eutrophication, and unstable substrates. mussels (Ellis 1936). Increased sediment of scaleshell still exist and continue to The Big River has the lowest species levels may also reduce feeding threaten extant populations. This diversity and abundance in the efficiency (Ellis 1936), which can lead species appears to be especially Meramec River Basin. Buchanan (1980) to decreased growth and survival (Bayne susceptible to contamination and attributed this to the effects of lead and et al. 1981). sedimentation. Historically, the species barite mining. While most mining Channelization, sand and gravel was widespread and occurred in diverse operations have ceased, 45 dams mining, and other dredging operations habitat. Today, scaleshell no longer retaining mine waste and numerous physically remove mussels along with occurs at disturbed sites that still waste piles remain in the Big River the dredged material and may also bury support other endangered unionids Basin. Most of those dams were or crush mussels (Watters 1995). Other (Szymanski 1998). This suggests that improperly constructed or maintained. effects of dredging extend beyond the scaleshell is especially sensitive to The U.S. Army Corps of Engineers excavated area. Headcutting, the degraded water quality. Given the found that only one of the 45 dams was upstream progression of substrate pervasiveness of the sources of safe and 27 received the worst possible destabilization and accelerated bank pollution and sedimentation, it is rating and could fail during a flood. The erosion, can affect an area much larger apparent that these threats will continue poor condition of the dams has led to than the dredging site (Hartfield 1993). to be problematic for the remaining large influxes of mine waste into the Big In severe cases, this erosional process scaleshell populations. River from dam collapse (Missouri can extend throughout an entire system Department of Conservation 1997). For Upper Mississippi River Basin (Smith and Patrick 1991). As relatively example, since 1978, a ruptured tailings immobile benthic invertebrates, mussels Scaleshell formerly occurred in eight dam has discharged 63,000 cubic meters are particularly vulnerable to channel rivers and tributaries within the Upper (81,000 cubic yards) of mine tailings degradation (Hartfield 1993). Mississippi Basin. However, this species into the Big River covering 25 miles of Accelerated erosion also releases has not been found in more than 50 stream and negatively impacting the sediment and pollutants, and in some years and is believed extirpated from lower 80 miles of the river (Alan instances, diminishes mussel diversity this region (Kevin Cummings, Illinois Buchanan, Missouri Department of and habitat as documented in the Natural History Survey, in litt. 1994). Conservation, in litt. 1995). Yellow and Kankakee rivers in Indiana, We believe the same factors that have While no major impoundments exist the Big Vermillion River in Illinois, and caused declines and extirpations of in the Meramec River Basin, several old the Ohio River (Fuller 1974). other mussel species including mill dams (low-head dams) affect the Impoundments affect both upstream impoundments, pollution, mainstem of the Big and Bourbeuse and downstream mussel populations by sedimentation, and channelization and rivers. Five dams are still in place along inducing scouring, changing dredging activities, have caused the the lower 30 miles of the Big River, and temperature regimes, and altering disappearance of scaleshell from the one dam exists in the lower Bourbeuse habitat, food, and fish host availability Upper Mississippi River Basin. River. These structures are barriers to (Vaughn, in litt. 1997). Impoundments fish movement during normal flows Middle Mississippi River Basin permanently flood stream channels and (Missouri Department of Conservation eliminate flowing water that are Similar to the Upper Mississippi 1997). essential habitat for most unionids River Basin, threats have lead to the Gravel mining poses an imminent including scaleshell (Fuller 1974, Oesch extirpation of scaleshell from the entire threat to scaleshell populations in the 1995). Scouring is a major cause of Ohio River Basin. Many of these threats Meramec River Basin. In 1998, a court mussel mortality below dams (Layzer et continue to adversely affect extant ruling deauthorized the Army Corps of al. 1993). Most detrimental, however, is populations in the middle Mississippi Engineers (Corps) from regulating gravel the disruption of reproductive River Basin. Scaleshell habitat in the mining in the basin. Prior to that ruling, processes. Impoundments interfere with Meramec River Basin has been reduced the Corps required operators to obtain a movement of host fishes, alter fish host in recent years. Buchanan (1980) found permit and follow several guidelines, assemblages, and isolate mussel scaleshell in the lower 112 miles of the which avoided adverse effects to populations from each other and from Meramec River. In 1997, scaleshell was mussels. Except in very small host fishes (Stansbery 1973, Fuller 1974, collected only in the lower 60 miles of tributaries, the Corps required all Vaughn 1993, Williams et al. 1993). The the river. While portions of the lower operators to establish a streamside and result of these factors is diminished reach continue to provide suitable riparian buffer and prohibited removing recruitment success (Layzer et al. 1993). habitat, mussel species diversity and gravel from flowing water (i.e., no in- Dams are effective barriers to fish host abundance above mile 60 have declined stream mining) or from below the water movement and migration that unionids noticeably in the last 20 years. table. There are many gravel mining
VerDate 18-JUN-99 10:13 Aug 12, 1999 Jkt 183247 PO 00000 Frm 00040 Fmt 4702 Sfmt 4702 E:\FR\FM\A13AU2.075 pfrm04 PsN: 13AUP1 Federal Register / Vol. 64, No. 156 / Friday, August 13, 1999 / Proposed Rules 44177 operations in the Meramec River Basin. Species richness in the Spring River water quality problems resulting from Between 1994 and 1998, the Corps below river mile 9 has declined surrounding dumps (Clarke 1987). issued permits for 230 sites (excluding markedly from past surveys, with the In summary, many of the same threats undocumented events). Existing and lower three miles of river completely that caused the extirpation of historical future mining operations will not need depleted of mussels and no longer populations of scaleshell still exist and to obtain a permit or follow guidelines supporting suitable habitat (Miller and continue to threaten extant populations. and may legally mine gravel directly Hartfield 1986, Gordon et al. 1984). Nonpoint and point source pollution is from the Meramec River and all Sand and gravel dredging, livestock currently affecting the Spring River in tributaries (Danny McKlendon, U.S. movements (i.e., destruction of stream Arkansas (Gordon et al. 1984, Miller and Army Corps of Engineers, St. Louis banks, disturbance of mussel beds, Hartfield 1986) and the Little River in District, pers. comm. 1998). deposition of wastes, etc.), siltation, and Oklahoma (Clarke 1987, Vaughn 1994). In 1994, several areas of the surface run-off of pesticide and fertilizer Sedimentation is causing deleterious Gasconade River were highly unstable, appear to be contributing factors in the effects in the Meramec and Bourbeuse possibly a result of row-crop farming degradation of this river reach (Gordon Rivers, MO (Sue Bruenderman, pers. near the bank in conjunction with the et al. 1984). comm. 1998); Gasconade River, MO 1993 flood. These areas had high cut Within Frog Bayou, potential habitat (Buchanan 1994); Frog Bayou, AR mud banks with trees fallen into the is restricted to the area between Rudy (Gordon 1980); and Spring River, AR river, unstable substrate, and contained and the confluence of the Arkansas (Gordon et al. 1984). Unregulated sand very few mussels. Buchanan (1994) River. Within this area, streambank and gravel mining are eliminating predicted that habitat degradation on modifications and in-stream gravel important pool habitat (for both this river would continue and mining are degrading scaleshell habitat. scaleshell and potential fish hosts) in postulated that the mussel fauna would Two reservoirs, one near Maddux the Meramec, Bourbeuse, Big, and be further impacted with some species Spring and the other at Mountainburg, Gasconade rivers in Missouri possibly disappearing. He noted that impact the river above Rudy. Below the (Bruenderman pers. comm. 1998). below river mile 6, only one stable confluence of the Arkansas River, Impoundments, channelization, and gravel bar contained a diverse mussel Gordon (1980) did not find live mussels, other dredging activities (e.g., sand and fauna. High silt deposition from the likely due to dredging activities (Gordon gravel mining) are destroying mussel Missouri River prohibits the formation 1980). Although the current status of populations and impairing water quality scaleshell in Frog Bayou is uncertain, in Frog Bayou, AR (Gordon 1980); St. of mussel habitat below this area. If any remaining individuals are probably Francis River, AR (Ahlstedt and populations still exist in any of the in jeopardy due to limited habitat and Jenkinson 1987); White River, AR (Bates rivers within the Missouri River in-stream mining activities. and Dennis 1983); Spring River, AR drainage, their long-term persistence is The proposed Tuskahoma Reservoir (Gordon et al. 1984); and Ouachita undoubtably precarious. (located above Hugo Reservoir) is a River, AR (Clarke 1987). The proposed Lower Mississippi River Basin potential threat to mussels in the Kiamichi River Reservoir, if Kiamichi River. Although the U.S. Army constructed, will have adverse impacts Channelization, levee construction, Corps of Engineers has authorized on any remaining populations in diversion ditches, control structures, construction, the lack of a local sponsor Oklahoma. Nearly all scaleshell and floodways have drastically altered has rendered the project ‘‘inactive’’ populations are now restricted to small much of the St. Francis River from the (David Martinez, U.S. Fish and Wildlife stretches of rivers with little, if any, mouth above Helena, Arkansas to Service, pers. comm. 1997). If potential for expansion or Wappapello Dam, Missouri (Ahlstedt constructed, the adverse effects recolonization to other areas. For and Jenkinson 1987, Bates and Dennis associated with reservoirs (including example, sewage pollution, gravel 1983). Bates and Dennis (1983) permanent flooding of the channel and dredging, and reservoir construction determined that of the 54 sites sampled, disruption of reproduction) are likely to have so degraded the Little River in 15 were productive, 10 marginal, and 29 destroy the mussel fauna. Oklahoma that only a few small had either no shells or dead specimens Sewage pollution, gravel dredging, stretches are able to support mussel only. They identified 48 miles that may and reservoirs continue to impact the populations. still provide suitable mussel habitat, but Little River. Pine Creek Reservoir B. Overutilization for Commercial, did not collect scaleshell. All the impounds the mainstem of the river. Recreational, Scientific, or Educational remaining river miles are unsuitable for Further downstream, Broken Bow Purposes. It is unlikely that commercial mussels. If the scaleshell is extant in the Reservoir impounds a major tributary to mussel collectors ever purposefully St. Francis River, it occurs in very small the Little River, the Mountain Fork collected scaleshell because of its small numbers and is restricted to the River. Below Pine Creek Lake, the size and thin shell. It is probable, remaining few patches of suitable mussel fauna is severely depleted but however, that over-harvesting activities habitat. recovers with increasing distance from that removed entire mussel beds The White River between Beaver the impoundment (Vaughn in litt. 1997). impacted scaleshell populations. For Reservoir and its headwaters, due to The discharge of reservoir water from example, according to local fishermen, municipal pollution, gravel dredging, Pine Creek and periodic discharge of during a period of extended drought and dam construction, is no longer pollution from Rolling Fork Creek, mussel harvesters severely over- suitable for mussels (Gordon 1980). however, would seriously impact any collected mussel beds in the Spring and Navigational maintenance activities remaining viable populations and Black rivers and completely destroyed continue to destroy habitat from prohibit any future recolonization most beds (Gordon et al. 1984). Thus, Newport to the confluence of the (Clarke 1987). habitat destruction, removal of Mississippi River (Bates and Dennis Hydroelectric dams and artificial individuals from the stream and 1983). This habitat destruction has lakes have impacted the Ouachita River. improper replacement may have relegated mussel populations to a few The ‘‘Old River’’ (an oxbow system off indirectly impacted scaleshell refugial sites, none of which support the mainstem), is now essentially a populations. Today, incidental scaleshell. series of muddy, stagnant pools with collecting could adversely affect
VerDate 18-JUN-99 10:13 Aug 12, 1999 Jkt 183247 PO 00000 Frm 00041 Fmt 4702 Sfmt 4702 E:\FR\FM\A13AU2.078 pfrm04 PsN: 13AUP1 44178 Federal Register / Vol. 64, No. 156 / Friday, August 13, 1999 / Proposed Rules existing populations. In addition to water standards that exist today. Goals scaleshell populations. Once a larva disturbance of the stream bed, collection of the CWA include protection and successfully transforms on a host, it is or improper replacement of only a few enhancement of fish, shellfish, and further challenged with dropping off individuals, given that scaleshell now wildlife; providing conditions suitable onto suitable habitat. Watters (1995) occurs in very small, isolated for recreation in surface waters; and reported that estimated chances of populations, could decimate an entire eliminating the discharge of pollutants successful transformation and population. Even for mussels returned into U.S. waters. excystment range between 0.0001 to the stream, mortality can still occur Although the passage of these Acts percent (Jansen and Hanson 1991) and (Williams et al. 1993). has resulted in positive consequences 0.000001 percent (Young and Williams As scaleshell becomes more (including a decrease in lead and fecal 1984). As a result of fish host-specificity uncommon, the interest of scientific and coliform bacteria), degraded water and the difficulty of locating suitable shell collectors will increase. quality still presents problems for habitat, freshwater mussel population Populations considered in this rule are sensitive aquatic organisms such as growth occurs very slowly. generally localized, easily accessible, freshwater mussels. Specifically, Furthermore, the sedentary nature of exposed during low flow periods, and nationwide sampling has indicated mussels limits their dispersal capability. are vulnerable to take for fish bait, increases in nitrate, chloride, arsenic, This trait, coupled with low recruitment curiosity, or vandalism. Up to five and cadmium concentrations (Neves success, translates into the need for freshwater mussels per day, including 1993). Nonpoint pollution sources decades of immigration and recruitment scaleshell, may be legally collected in appear to be the cause of increases in for re-establishment of self-sustaining Missouri and used for bait (Sue nitrogen. Many of the impacts discussed populations. Bruenderman, pers. comm. 1998). above occurred in the past as The small number and low density of C. Disease or Predation. Although unintended consequences of human the remaining scaleshell populations natural predation is not a factor for development. Improved understanding exacerbate the threats to its survival stable, healthy mussel populations, of these consequences has led to posed by the above factors. Although small mammal predation could regulatory (e.g., Clean Water Act) and the scaleshell was always locally rare if potentially pose a problem for scaleshell voluntary measures (e.g., best broadly distributed, the widespread loss populations (Gordon 1991). While the management practices for agriculture of populations and the limited number large size and/or thick shells of some and silviculture) and improved land use of collections in recent years indicates species afford protection from small practices that are generally compatible that the current population densities are mammal predators, the small size and with the continued existence of much lower (due to the previously fragile shell of scaleshell makes it an scaleshell. Nonetheless, scaleshell is identified threats) than historical levels. easy and desirable prey species. A highly restricted in numbers and Despite any evolutionary adaptations for freshwater mussel survey of the distribution and shows little evidence of rarity, habitat loss and degradation Meramec and Bourbeuse Rivers found recovering from historic habitat losses. increase a species’ vulnerability to fresh scaleshell shells at several active Although recognized by species extinction (Noss and Cooperrider 1994). racoon feeding areas (Sue Bruenderman experts as threatened in Arkansas, the Numerous studies have shown that pers. comm. 1998). Extant scaleshell scaleshell is not afforded State with decreasing habitat availability, the populations in Arkansas and Oklahoma protection. Missouri and Oklahoma list probability of extinction increases. are small, isolated and have very limited the scaleshell as a species of Similarly, as the number of occupied recolonization potential. Consequently, conservation concern (Bruenderman, in sites decreases, the likelihood of predation could exacerbate ongoing litt. 1998; Caryn Vaughn pers. comm. extinction increases (Vaughn 1993). population declines. 1995). However, these designations are This increased vulnerability is the result Bacteria and protozoans persist at used primarily for planning and of chance events. Environmental unnaturally high concentrations in communication purposes and do not variation, random or predictable, streams with high sediment load or in afford State protective status from direct naturally causes fluctuations in waterbodies affected by point source take and habitat destruction (David populations. However, low density pollution, such as sewage treatment Martinez; Paul McKenzie; U.S. Fish and populations are more likely to fluctuate plants (Goudreau et al. 1988). At these Wildlife Service, pers. comm. 1997). below the minimum viable population densities, ova and glochidia are subject Without habitat protection, populations (i.e., the minimum number of to infection (Ellis 1929) and mussel of scaleshell will continue to decline. individuals needed in a population to growth can be slowed (Imlay and Paige E. Other Natural or Manmade Factors persist). If population levels stay below 1972). Disease and parasites may have Affecting Its Continued Existence. As a this minimum size, an inevitable, and caused major die-offs of freshwater consequence of the above factors, the often irreversible, slide toward mussels in the late 1970’s throughout inherent biological traits of freshwater extinction will occur. Small populations the eastern United States (Neves 1986). mussels increase their vulnerability to are also more susceptible to inbreeding For example, significant die-offs of extinction (Neves 1993). For example, depression and genetic drift. freshwater mussels occurred in 1977 the larval stage (glochidium) of most Populations subjected to either of these and 1978 in the Meramec and mussels is dependent on a few or a problems usually have low genetic Bourbeuse Rivers. Large numbers of specific host fish (Neves 1993). The diversity, which reduces fertility and mussels of all species, including scaleshell is believed to use freshwater survivorship. Lastly, chance variation in scaleshell were lost. Buchanan (1986) drum as a sole host. Despite the age and sex ratios can affect birth and presumed an epizootic or other disease tremendous fecundity of female deaths rates. Skewing of the caused the die-off since no mussels, this trait greatly reduces the demographics may lead to death rates environmental impact was reported or likelihood of contact between glochidia exceeding the birth rates, and when this could be found. and suitable hosts. Watters (1995) occurs in small populations there is a D. The Inadequacy of Existing postulated that the glochidia must higher risk of extinction. Regulatory Mechanisms. The passage of acquire suitable hosts within 24 hours. Similarly, the fertilization success of the Clean Water Act of 1972 (CWA) set Obviously, reduction or loss of host fish mussels may be related to population the stage for the regulations and the populations will adversely impact density, with a threshold density
VerDate 18-JUN-99 10:13 Aug 12, 1999 Jkt 183247 PO 00000 Frm 00042 Fmt 4702 Sfmt 4702 E:\FR\FM\A13AU2.080 pfrm04 PsN: 13AUP1 Federal Register / Vol. 64, No. 156 / Friday, August 13, 1999 / Proposed Rules 44179 required for any reproductive success to pers. comm. 1995). Massive unionid accordance with the Act, on which are occur (Downing et al. 1993). Small mortality and extinctions are expected found those physical or biological mussel populations may have in some areas colonized by zebra features (I) essential to the conservation individuals too scattered to reproduce mussels (Biggins 1992). If zebra mussel of the species and (II) that may require effectively. Many of the remaining invasion does occur, the continued special management considerations or scaleshell populations may be at or survival of scaleshell will be further protection; and (ii) specific areas below this threshold density. These jeopardized. outside the geographic area occupied by populations will be, if the a species at the time it is listed, upon Conclusion aforementioned threats go unabated, a determination that such areas are forced below or forced to remain below Significant habitat loss, range essential for the conservation of the the minimum threshold. As a result, the restriction, and population species. ‘‘Conservation’’ means the use current decline to extinction will be fragmentation and size reduction have of all methods and procedures needed accelerated. rendered the scaleshell mussel to bring the species to the point at Furthermore, species that occur in vulnerable to extinction. The scaleshell which listing under the Act is no longer low numbers must rely on dispersal and has disappeared from the entire upper necessary. recolonization for long-term persistence. and most of the middle Mississippi Section 4(a)(3) of the Act, as In order to retain genetic viability and River drainages. Of the 53 known amended, and implementing regulations guard against chance extinction, historical populations, 13 remain. (50 CFR 424.12) require that, to the movement between local populations Although much of the decline occurred maximum extent prudent and must occur. Although the scaleshell before 1950, population declines determinable, we designate critical naturally occurs in patches and continue in some portions of the habitat at the time the species is necessarily possesses mechanisms to species’ range and numerous threats are determined to be endangered or adapt to such a population structure, likely to impact the few remaining threatened. Our regulations (50 CFR anthropogenic influences have viable extant populations. The small 424.12(a)(1)) state that the designation fragmented and further lengthened the number and low density of the of critical habitat is not prudent when distance between populations. remaining scaleshell populations one or both of the following situations Empirical studies have shown that with exacerbate the threats and effects of exist—(1) the species is threatened by increasing isolation, colonization rates chance events to scaleshell. The taking or other human activity, and decrease. Also, as previously explained, survival of all scaleshell populations is identification of critical habitat can be natural recolonization of mussels occurs threatened by water quality degradation, expected to increase the degree of threat at a very low rate (Vaughn 1993). impoundments, sedimentation, to the species, or (2) such designation of Therefore, preservation of a channelization, or dredging. The recent critical habitat would not be beneficial metapopulation (interconnected deregulation of gravel mining is a to the species. We find that designation subpopulations) structure is imperative significant threat to scaleshell of critical habitat is not prudent for for long-term freshwater mussel populations in three rivers within the scaleshell for both reasons stated above. survival. Unfortunately, many of the Meramec River Basin, Missouri. Potential benefits of critical habitat extant scaleshell populations now occur We have carefully assessed the best designation derive from section 7(a)(2) as single, isolated sites. These insular scientific and commercial information of the Act, which requires Federal populations are very susceptible to available regarding the past, present, agencies, in consultation with us, to chance events and extinction with no and future threats faced by the ensure that their actions are not likely chance of recolonization. scaleshell in determining to make this to jeopardize the continued existence of Lastly, the recent invasion of the proposed rule. The present distribution listed species or to result in the exotic zebra mussel (Dreissena and abundance of the scaleshell is at destruction or adverse modification of polymorpha) poses a substantial threat risk given the potential for these critical habitat of such species. Critical to native unionids (Herbert et al. 1989). impacts to continue. Federal listing habitat designation, by definition, The introduction of Dreissena into under authority of the Endangered directly affects only Federal agency North America probably resulted from Species Act is the only mechanism we actions. Since the scaleshell is aquatic, an ocean-crossing vessel that discharged can presently identify that ensures Federal actions that might affect this freshwater ballast from Europe protection to scaleshell. Therefore, species and its habitat include those containing free-swimming larvae of the based on this evaluation, the preferred with impacts on stream channel zebra mussel (Griffiths et al. 1991). The action is to list the scaleshell mussel as geometry, bottom substrate composition, spread of this species has caused severe an endangered species. The Act defines water quantity and quality, and declines in native freshwater mussel an endangered species as one that is in stormwater runoff. Such activities that species. Currently, the zebra mussel danger of extinction throughout all or a impact scaleshell habitat would be invasion of the Mississippi and Ohio significant portion of its range. A subject to review under section 7(a)(2) rivers threaten native freshwater mussel threatened species is one that is likely of the Act, whether or not critical fauna (Clarke 1995). Zebra mussels to become an endangered species in the habitat was designated. The scaleshell starve and suffocate native mussels by foreseeable future throughout all or a has become so restricted in distribution attaching to their shells in large significant portion of its range. that any significant adverse numbers. The natural history of zebra Endangered status is appropriate for the modification or destruction of occupied mussels is not completely understood; scaleshell due to habitat loss, range habitats would likely jeopardize the therefore, effective control measures are restriction, and population continued existence of this species. not yet known. Given that recreational fragmentation. Additionally, our regulations (50 CFR and commercial vessels greatly facilitate part 402) specify that the jeopardy zebra mussel movement, and because of Critical Habitat analysis, like the adverse modification the proliferation and spread that has Section 3 of the Act defines critical or destruction of critical habitat occurred, invasion of the zebra mussel habitat as: (i) the specific areas within analysis, consider the detrimental effect into portions of the middle and lower the geographical area occupied by a to both survival and recovery. Mississippi Basin is likely (Buchanan species, at the time it is listed in Therefore, even as the species recovers
VerDate 18-JUN-99 10:13 Aug 12, 1999 Jkt 183247 PO 00000 Frm 00043 Fmt 4702 Sfmt 4702 E:\FR\FM\A13AU2.082 pfrm04 PsN: 13AUP1 44180 Federal Register / Vol. 64, No. 156 / Friday, August 13, 1999 / Proposed Rules and its numbers increase, the jeopardy may also be involved. One threat to all Available Conservation Measures analysis would continue to protect surviving populations appears to be Conservation measures provided to scaleshell habitat. As part of the pollutants in stormwater runoff that species listed as endangered or outreach from this proposed rule, we originate from private land activities. threatened under the Act include will notify the State and Federal Therefore, the survival and recovery of recognition, recovery actions, agencies of this species’ general this species will be highly dependent on requirements for Federal protection, and distribution, and request that they landowner cooperation in reducing land prohibitions against certain practices. provide data on proposed Federal use impacts. Controversy resulting from Recognition through listing encourages actions that might adversely affect the critical habitat designation has been and results in conservation actions by species. Should any future projects be known to reduce private landowner Federal, State, and local agencies, proposed in areas inhabited by this cooperation in the management of private organizations, and individuals. mussel, the involved Federal agency species listed under the Act. Critical The Act provides for possible land will have the distributional data needed habitat designation could affect acquisition and cooperation with the to determine if their action may impact landowner cooperation within States and requires that recovery actions the species, and if needed, we will watersheds occupied by the scaleshell be carried out for all listed species. The provide more specific distributional and in areas unoccupied that might be protection required of Federal agencies information. Therefore, habitat needed for recovery. and the prohibitions against taking and protection for the scaleshell can be Though critical habitat designation harm are discussed, in part, below. accomplished through the directly affects only Federal agency Section 7(a) of the Act, as amended, implementation of section 7 jeopardy actions, this process can arouse concern requires Federal agencies to evaluate standard and there is no benefit in and resentment on the part of private their actions with respect to any species designating currently occupied habitat landowners and other interested parties. that is proposed or listed as endangered of this species as critical habitat. The publication of critical habitat maps Recovery of this species may require in the Federal Register and local or threatened and with respect to its the identification of unoccupied stream newspapers, and other publicity or critical habitat, if any is being and river reaches appropriate for controversy accompanying critical designated. Regulations implementing reintroduction. Critical habitat habitat designation may increase the this interagency cooperation provision designation of unoccupied stream and potential for vandalism as well as other of the Act are codified at 50 CFR Part river reaches might benefit this species collection threats. Scaleshell 402. Section 7(a)(4) requires Federal by alerting permitting agencies to populations are especially vulnerable to agencies to confer informally with us on potential sites for reintroduction and vandalism. This species is found in any action that is likely to jeopardize allowing them the opportunity to shallow shoals or riffles in restricted the continued existence of a proposed evaluate projects that may affect these stream and river segments and is species or result in destruction or areas. We are currently working with relatively immobile and unable to adverse modification of proposed state and other Federal agencies to escape collectors or vandals. It inhabits critical habitat. If a species is listed periodically survey and assess habitat remote but easily accessed areas, and subsequently, Section 7(a)(2) of the Act potential of stream and river reaches for they are sensitive to a variety of easily requires Federal agencies to ensure that listed and candidate aquatic species. obtained commercial chemicals and activities they authorize, fund, or carry This process provides up to date products. Because of these factors, out are not likely to jeopardize the information on instream habitat vandalism or collecting could be continued existence of such a species or conditions in response to land use undetectable and uncontrolled. to destroy or adversely modify its changes within watersheds. We We believe that the potential for critical habitat. If a Federal action may distribute the information generated taking represents a significant threat to affect a listed species or its critical from river surveys and assessments scaleshell populations. The rarity of this habitat, the responsible Federal agency through our coordination with other species increases the likelihood that it must enter into formal consultation with agencies. We will continue to work with will be sought by shell collectors and for us. State and Federal agencies, as well as scientific purposes. The publication of Federal agency actions that may private property owners and other critical habitat, maps, and other require conference and/or consultation affected parties, through the recovery publicity accompanying critical habitat as described in the preceding paragraph process to identify stream reaches and designation could increase that threat. include the issuance of permits for potential sites for reintroduction of this The locations of populations of this reservoir construction, stream species. Thus, any benefit that might be species have consequently been alterations, waste water facility provided by designation of unoccupied described only in general terms for development, water withdrawal habitat as critical will be accomplished purposes of this rulemaking action. projects, pesticide registration, more effectively with the current Based on the above analysis, we have agricultural assistance programs, coordination process, and is preferable concluded that critical habitat mining, road and bridge construction, for aquatic habitats which change designation would provide little Federal loan programs, water allocation, rapidly in response to watershed land additional benefit for this species and hydropower relicensing. In our use practices. In addition, we believe beyond those that would accrue from experience, nearly all section 7 that any potential benefits to critical listing under the Act. We also conclude consultations result in protecting the habitat designation on occupied and that any potential benefit from such a species and meeting the project’s unoccupied habitats are outweighed by designation would be offset by an objectives. additional threats to the species that increased level of vulnerability to The Act and implementing would result from such designation, as vandalism or collecting and by a regulations set forth a series of general discussed below. possible reduction in landowner prohibitions and exceptions that apply All known populations of scaleshell cooperation to manage and recover this to all endangered wildlife. The occur in streams flowing through species. We have concluded therefore prohibitions, codified at 50 CFR 17.21, private lands, and if unoccupied habitat that the designation of critical habitat in part, make it illegal for any person is needed for recovery, private lands for scaleshell is not prudent. subject to the jurisdiction of the United
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States to take (includes harass, harm, stream dredging, channelization, receive requests within 45 days of the pursue, hunt, shoot, wound, kill, trap, discharge of fill material); date of publication of the proposal in capture, or collect; or to attempt any of (3) violation of any discharge or water the Federal Register. Such requests these), import or export, ship in withdrawal permit within the species’ must be made in writing and addressed interstate commerce in the course of occupied range; and to Field Supervisor, U.S. Fish and commercial activity, or sell or offer for (4) illegal discharge or dumping of Wildlife Service, Ecological Services sale in interstate or foreign commerce toxic chemicals or other pollutants into Field Office, 608 East Cherry Street any listed species. It also is illegal to waters supporting the species. Room 200, Columbia, Missouri 65201. possess, sell, deliver, carry, transport, or We will review other activities not ship any such wildlife that has been identified above on a case-by-case basis Executive Order 12866 to determine whether they may be likely taken illegally. Certain exceptions apply Executive Order 12866 requires each to our agents and agents of State to result in a violation of section 9 of the agency to write regulations that are easy conservation agencies. Act. We do not consider these lists to be to understand. We invite your We may issue permits to carry out exhaustive and provide them as otherwise prohibited activities information to the public. comments on how to make this rule involving endangered wildlife under You should direct questions regarding easier to understand including answers certain circumstances. We codified the whether specific activities may to the following: (1) Are the regulations governing permits for constitute a future violation of section 9 requirements of the rule clear? (2) Is the endangered species at 50 CFR 17.22. to the Field Supervisor of the Service’s discussion of the rule in the Such permits are available for scientific Columbia Field office (see ADDRESSES Supplementary Information section of purposes, to enhance the propagation or section). You may request copies of the the preamble helpful in understanding survival of the species, and/or for regulations regarding listed wildlife the rule? (3) What else could we do to incidental take in the course of from and address questions about make the rule easier to understand? otherwise lawful activities. prohibitions and permits to the U.S. Send a copy of any comments that It is our policy, published in the Fish and Wildlife Service, Ecological concern how we could make this rule Federal Register on July 1, 1994 (59 FR Services Division, Henry Whipple easier to understand to the office 34272), to identify, to the maximum Federal Building, 1 Federal Drive, Fort identified in the ADDRESSES section at extent practicable, those activities that Snelling, MN 55111 (Phone 612/713– the beginning of this document. are or are not likely to constitute a 5350; Fax 612/713–5292). violation of section 9 of the Act. The We intend that any final action National Environmental Policy Act resulting from this proposal will be as intent of this policy is to increase public We have determined that we do not accurate and as effective as possible. awareness as to the potential effects of need to prepare an Environmental Therefore, we request comments or this proposed listing on future and Assessment, as defined under the ongoing activities within a species’ suggestions from the public, other concerned governmental agencies, the authority of the National Environmental range. We believe that the following Policy Act of 1969, in connection with activities are unlikely to result in a scientific community, industry, or any other interested party concerning this regulations adopted pursuant to section violation of section 9: 4(a) of the Act. We published a notice (1) Existing discharges into waters proposed rule. Comments particularly outlining our reasons for this supporting these species, provided these are sought concerning: determination in the Federal Register activities are carried out in accordance (1) Biological, commercial trade, or with existing regulations and permit other relevant data concerning any on October 25, 1983 (48 FR 49244). requirements (e.g., activities subject to threat (or lack thereof) to this species; Paperwork Reduction Act sections 402, 404, and 405 of the Clean (2) The location of any additional Water Act and discharges regulated populations of this species and the This rule does not contain any new under the National Pollutant Discharge reasons why any habitat should or collections of information other than Elimination System). should not be determined to be critical those already approved under the (2) Actions that may affect the habitat as provided by Section 4 of the Paperwork Reduction Act, 44 U.S.C. scaleshell and are authorized, funded or Act; 3501 et seq., and assigned Office of carried out by a Federal agency when (3) Additional information concerning Management and Budget clearance the action is conducted in accordance the range, distribution, and population number 1018–0094. An agency may not with any reasonable and prudent size of this species; conduct or sponsor, and a person is not measures we have specified in (4) Current or planned activities in the required to respond to a collection of accordance with section 7 of the Act. subject area and their possible impacts information, unless it displays a (3) Development and construction on this species. currently valid control number. For activities designed and implemented We will take into consideration your additional information concerning pursuant to Federal, State, and local comments and any additional permit and associated requirements for water quality regulations. information received on this species threatened species, see 50 CFR 17.22. (4) Existing recreational activities when making a final determination such as swimming, wading, canoeing, regarding this proposal. We will also References Cited submit the available scientific data and and fishing. A complete list of all references cited We believe the following activities information to appropriate, independent herein, as well as others, is available would be likely to result in a violation specialists for review. We will upon request from the Field Supervisor of section 9; however, possible summarize the opinions of these (see ADDRESSES section). violations are not limited to these reviewers in the final decision actions alone: document. The final determination may Authors: The primary authors of this (1) Unauthorized collection or capture differ from this proposal based upon the proposed rule are Mr. Andy Roberts (see of the species; information we receive. FOR FURTHER INFORMATION CONTACT (2) Unauthorized destruction or The Act provides for a public hearing section) and Ms. Jennifer Szymanski alteration of the species habitat (e.g., in- on this proposal, if requested. We must (see ADDRESSES section).
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List of Subjects in 50 CFR Part 17 the Code of Federal Regulations, as set 2. Section 17.11(h) is amended by forth below: adding the following, in alphabetical Endangered and threatened species, order, under Clams to the List of Exports, Imports, Reporting and record PART 17Ð[AMENDED] Endangered and Threatened Wildlife: keeping requirements, Transportation. 1. The authority citation for part 17 § 17.11 Endangered and threatened Regulation Promulgation continues to read as follows: wildlife. Authority: 16 U.S.C. 1361–1407; 16 U.S.C. * * * * * Accordingly, the Service amends part 1531–1544; 16 U.S.C. 4201–4245; Pub. L. 99– 17, subchapter B of chapter I, title 50 of 625, 100 Stat. 3500; unless otherwise noted. (h) * * *
Species Vertebrate popu- Historic range lation where endan- Status When listed Critical habi- Special Common name Scientific name gered or threatened tat rules
*******
CLAMS
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Mussel, Scaleshell ... Leptodea leptodon .. U.S.A. (AL, AR, IL, NA ...... E NA NA IN, IA, KY, MN, MO, OH, OK, SD, TN, WI).
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Dated: July 29, 1999. John G. Rogers, Acting Director, Fish and Wildlife Service. [FR Doc. 99–20965 Filed 8–12–99; 8:45 am] BILLING CODE 4310±55±P
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Notices Federal Register Vol. 64, No. 156
Friday, August 13, 1999
This section of the FEDERAL REGISTER relationship between the collection and • All written comments and any contains documents other than rules or administration of such taxes when using accompanying exhibits must be typed in proposed rules that are applicable to the the Internet or not using the Internet; double-space. public. Notices of hearings and investigations, • The impact of the Internet and • One version of all written committee meetings, agency decisions and Internet access (particularly voice comments should be sent electronically rulings, delegations of authority, filing of transmission) on the revenue base for petitions and applications and agency to statements of organization and functions are taxes imposed under section 4251 of the [email protected]. Internal Revenue Code of 1986; Thirty (30) hard copies of all written examples of documents appearing in this • section. Model state legislation that: comments should be sent to: Advisory 1. Provides uniform definitions of Commission on Electronic Commerce, categories of property, goods, service or 3401 North Fairfax Drive, Arlington, VA ADVISORY COMMISSION ON information subject to or exempt from 22201–4498. ELECTRONIC COMMERCE sales and use taxes; • Comments must contain the name, 2. Ensures that Internet access address, phone number and e-mail services, online services, and Requests for Written Comment address (if available) and capacity of the communications and transactions using person submitting the comments, as The Advisory Commission on Internet, Internet access service, or well as the names of any clients or Electronic Commerce (the Commission) online services are treated in a tax and persons or organizations for which the was established by Pub. L. 105–277 to technology neutral manner relative to conduct a thorough study of federal, comments are submitted. other forms of remote sales; • state, local and international taxation • The effects of taxation (or absence For those comments exceeding two and tariff treatment of transactions using of ) on all interstate sales transactions, pages in length an executive summary the Internet and Internet access and including those using the Internet, on must accompany the submission. The other comparable intrastate, interstate or retail businesses and on state and local executive summary should not exceed international sales activities. The governments. This examination may two (2) pages in length. Commission is to report its findings and include a review of purchases from out- For further information, contact the recommendations to the Congress no of-state sellers; and Advisory Commission on Electronic later than April 21, 2000. Notice is • The ways to simplify federal, state Commerce, 3401 North Fairfax Drive, hereby given that the Commission and local taxes imposed on the Arlington, VA 22201–4498, (703) 993– requests the submission of written provision of telecommunications 8049. comments from interested persons or services. Heather Rosenker, organizations with respect to its Executive Director. mandates. These comments must be The Commission Must Adhere to These Other Parameters [FR Doc. 99–20941 Filed 8–12–99; 8:45 am] prepared in conformity with the BILLING CODE 0000±00±P guidelines set out below. Potential • The Commission is not authorized contributors should be aware of two to examine any fees or charges imposed deadlines. The deadline for receipt of by the Federal Communications ADVISORY COMMISSION ON documents to be available to the Commission or states related to the ELECTRONIC COMMERCE Commission for its September 14–15 following: meeting is September 1, 1999. Other 1. Obligations under the Meetings submissions should be received as soon Communications Act of 1934 (47 U.S.C. as possible, but no later than November 151 et seq.); The Advisory Commission on 15, 1999. The Commission’s Web site, 2. The implementation of the Electronic Commerce was established www.ecommercecommission.org, will Telecommunications Act of 1996 (or by Public Law 105–277 to conduct a contain the latest information about amendments made by the Act); thorough study of federal, state, local meeting agendas and any written • The Commission ‘‘shall, to the and international taxation and tariff submission guideline updates. extent possible, ensure that its work treatment of transactions using the The Commission may study the does not undermine the efforts of the Internet and Internet access and other following issues: National Tax Association comparable intrastate, interstate or • Barriers imposed in foreign markets Communications and Electronic international sales activities. The on U.S. property, goods, services or Commerce Tax Project.’’ Commission is to report its findings and information engaged in E-commerce and recommendations to the Congress no Written Submissions on United States providers of later than April 21, 2000. Notice is telecommunications services; Interested persons are invited to hereby given, that the Advisory • How the imposition of such barriers provide comments in writing to the Commission on Electronic Commerce affects U.S. consumers, the Commission. Written comments should will hold meetings on September 14, competitiveness of U.S. businesses in be related to the Commission’s mandate. 1999, from 4:30 p.m. to 5:30 p.m. at the foreign markets and the growth of the All those persons submitting comments Millennium Hotel, 145 West 44th Street, Internet; should be aware that such comments New York, New York and on September • The collection and administration will be available for public inspection. 15, 1999, from 9:30 a.m. to 5:00 p.m. at of consumption taxes on E-Commerce in The following guidelines should be the Digital Sandbox, 55 Broad St., New the U.S. and abroad, the impact this has followed for written comments that will York, New York. The meetings of the on the global economy and the be considered by the Commission: Commission shall be open to the public. 44184 Federal Register / Vol. 64, No. 156 / Friday, August 13, 1999 / Notices
Records shall be kept of all displays a currently valid OMB control technological innovations have Commission proceedings and shall be number. increased the use of computers to available for public inspection given provide enhanced systems for service Forest Service adequate notice at the Commission’s delivery, eligibility determination, offices at 3401 North Fairfax Dr., Title: Grazing Permit Administration benefit delivery and maintenance of Arlington, Virginia 22201–4498. Forms. program integrity. The primary purpose A listing of the members of the OMB Control Number: 0596–0003. of the study is to provide USDA with a commission and details concerning Summary of Collection: Domestic thorough view of the administrative their appointment were published in the livestock grazing currently exist on changes states have made, are making, Federal Register on June 9, 1999, at 64 approximately 90 million acres of or will make to their Food Stamp FR 30958. National Forest Service (NFS) lands. Programs in FY 1999. The Economic Heather Rosenker, This grazing is subject to authorization Research Service (ERS) has awarded a and administrative oversight by the Executive Director. contract to the Health Systems Research, Forest Service (FS). Information is Inc. (HSR) to collect existing documents [FR Doc. 99–20942 Filed 8–12–99; 8:45 am] required for the issuance and from Food Stamp Directors and abstract BILLING CODE 0000±00±P administration of grazing permits, data from these documents into a including fee collections, on NFS lands descriptive database. States will be as authorized by the Federal Land requested to provide documents that fit DEPARTMENT OF AGRICULTURE Policy and Management Act, as within six basic re-engineering amended, and the subsequent Secretary categories: the changing role of the Submission for OMB Review; of Agriculture regulation 5 U.S.C. 301, caseworkers; organizational changes; Comment Request 36 CFR 222, Subparts A and C. The bills changes in client tracking and August 9, 1999. for collection of grazing fees are based accountability systems; changes in on the number of domestic livestock The Department of Agriculture has program accessibility and certification grazed on national forest lands and are submitted the following information systems; increases in program a direct result of issuance of the grazing collection requirement(s) to OMB for monitoring and evaluation; and plans permit. Information must be collected review and clearance under the for implementing the simplified Food on an individual basis through the Paperwork Reduction Act of 1995, Stamp Program. ERS will collect permit issuance and administration Public Law 104–13. Comments information using mail and telephone process. FS will collect information regarding (a) whether the collection of surveys. using several forms. Need and Use of the Information: ERS information is necessary for the proper Need and Use of the Information: FS will collect information on the number performance of the functions of the will collect information on the and percentage of states that have agency, including whether the ownership or control of livestock and implemented or plan to implement information will have practical utility; base ranch property; the need for administrative changes in their Food (b) the accuracy of the agency’s estimate additional grazing to round out year Stamp Program; the number and of burden including the validity of the long ranching operations; and percentage of states and county- methodology and assumptions used; (c) citizenship. The information collected is administered programs that have ways to enhance the quality, utility and used by FS in administering the grazing implemented or plan to implement clarity of the information to be use program on NFS lands. If administrative changes; methods used collected; (d) ways to minimize the information is not collected, it would be by states (regulatory, legislative, burden of the collection of information impossible for the agency to administer executive order, etc.) to implement on those who are to respond, including a grazing use program in accordance changes; differences between the type of through the use of appropriate with the statutes and regulations. administrative changes made between automated, electronic, mechanical, or Description of Respondents: Business states with state-administered FSPs and other technological collection or other for-profit; not-for-profit county-administered FSPs; number and techniques or other forms of information institutions; farms, State, Local or Tribal percentage of states making technology should be addressed to: Desk Government; individuals or households. organizational changes in their Officer for Agriculture, Office of Number of Respondents: 7,200. governmental structure as a result of Information and Regulatory Affairs, Frequency of Responses: Reporting: welfare reform; the number and Office of Management and Budget Annually; Other (as needed basis). percentage of states making (OMB), Washington, D.C. 20503 and to Total Burden Hours: 2,950. privatization efforts, by type of state and Departmental Clearance Office, USDA, administrative activity; and the type of OCIO, Mail Stop 7602, Washington, D.C. Economic Research Service privatization efforts being made by 20250–7602. Comments regarding these Title: Study of Re-Engineering the states, by state demographic information collections are best assured Welfare System. characteristics. The report will be used of having their full effect if received OMB Control Number: 0536–NEW. to assist ERS in determining future within 30 days of this notification. Summary of Collection: In 1996, needs and measuring progress toward Copies of the submission(s) may be President Clinton signed into law the achieving Food Stamp Program goals. obtained by calling (202) 720–6746. Personal Responsibility and Work Description of Respondents: State, An agency may not conduct or Opportunity Reconciliation Act of 1996 Local or Tribal Government. sponsor a collection of information (PRWORA), thereby dramatically Number of Respondents: 102. unless the collection of information changing the system that had provided Frequency of Responses: Reporting: displays a currently valid OMB control welfare cash assistance and food stamp On occasion. number and the agency informs benefits to low-income households Total Burden Hours: 119. potential person who are to respond to since the early 1970’s. In addition to the the collection of information that such changes enacted in PRWORA, states Economic Research Service persons are not required to respond to have begun the process of modernizing Title: Emergency Food Assistance the collection of information unless if and improving their FSPs. New System Study. Federal Register / Vol. 64, No. 156 / Friday, August 13, 1999 / Notices 44185
OMB Control Number: 0536–0048. Frequency of Responses: Reporting: Total Burden Hours: 467. Summary of Collection: Many On occasion; Other (one time). Nancy B. Sternberg, emergency food providers are reporting Total Burden Hours: 4,941. Departmental Clearance Officer. increased demand for their services as a Economic Research Service [FR Doc. 99–20922 Filed 8–12–99; 8:45 am] result of changes in the nation’s welfare and food assistance safety net under the Title: Evaluation of the Impact of EBT BILLING CODE 3410±01±M Personal Responsibility and Work Customer Waivers on Recipients: New EBT User Survey. Opportunity Reconciliation Act of 1996 DEPARTMENT OF AGRICULTURE and decreasing ability to meet the OMB Control Number: 0536–NEW. Summary Of Collection: In April additional demands. USDA is Office of the Secretary coordinating public and private efforts 1992, the Food and Nutrition Service intended to increase the amount of (FNS) issued regulations governing the Procedures for Submission of surplus food channeled through design, implementation and use of Biobased Products for Listing by Emergency Food Assistance System electronic benefits transfer (EBT) USDA (EFAS) providers by 33 percent by the systems for the issuance and year 2000. On November 23, 1996, redemption of food stamp benefits. AGENCY: U.S. Department of Agriculture. Since 1992, the growth of EBT systems President Clinton signed an executive ACTION: Notice and request for comment. memorandum directing all Federal has been dramatic, and the U.S. agencies to join the USDA effort to Congress has now mandated the use of SUMMARY: As required by Executive recover excess food and established a EBT systems in all states by October 1, Order 13101, the U.S. Department of Federal interagency task force on 2002. Because experience with EBT Agriculture (USDA) is proposing gleaning and food recovery. USDA, systems was somewhat limited at the guidelines for listing commercially through the Food and Nutrition Service, time the regulations were promulgated, available commercial and industrial administers several food assistance the regulations included numerous biobased products (a commercial or programs that help low-income measures intended to protect recipients’ industrial product (other than food or households obtain adequate and rights and to make EBT systems easy to feed) that utilizes biological products or nutritious diets. The largest USDA food use. Examples included regulations renewable domestic agricultural (plant, assistance program, the Food Stamp which require the FSP recipients: (a) are animal, and marine) or forestry Program, is designed to provide food to be allowed to select their own materials) available for purchase by assistance programs by serving as a personal identification number (PIN); Federal agencies. This notice includes a distribution outlet for Emergency Food (b) are to receive hands-on-training and generic definition of biobased products, Assistance Program (TEFAP) experience in how to use EBT suggested criteria for including biobased commodities and by providing equipment; and (c) are to receive items in a list to be put together by temporary or supplemental food replacement EBT cards within two USDA, and a description of the process assistance to many of the same needy business days. As more states USDA will use in considering items for populations served by USDA programs. implement EBT and experience with inclusion on the USDA Biobased A study of the Emergency Food these systems increased, however, Products List. USDA is seeking specific Assistance System is going to be efforts to reduce EBT administrative public comment on the criteria and conducted. The Economic Research costs increase as well. State agencies are process and other comments as Service (ERS) previously obtained OMB requesting waivers to the EBT appropriate. USDA will, after approval for the first phase of this study regulations so they can try new and development of the first list, also be which was focused on identifying more efficient approaches to system accepting items for listing on an on- proper respondents for the purpose of implementation and operations. The going basis. establishing a statistically valid Economic Research Service (ERS) will sampling frame. In the second phase, collect information using a survey to DATES: Comments should be received on ERS proposes using the sampling frame learn about the impact of three types of or before September 13, 1999. to conduct the study survey. ERS will customers service waivers on recipients. ADDRESSES: Individuals wishing to collect information in phase two using Need And Use Of The Information: comment must send an original and two questionnaires and telephone ERS will collect information on service copies of their written comments to: J. interviews. problems recipients have encounter R. Holcombe, Jr.; Office of Procurement Need And Use Of The Information: with: PIN assignment rather than PIN and Property Management; U.S. ERS will collect information on selection; mailing of training materials Department of Agriculture; Mail Stop providers’ operating characteristics, to recipients rather than hands-on- 9303; 1400 Independence Avenue, SW; service areas, resource base, quantity training; and extending the time for card Washington, DC 20250. Please place the and type of food flowing into the replacement from two days up to five phrase ‘‘USDA Biobased Products List’’ system, number of people served, and days. The purpose of the study is to on your envelopes containing providers’ capacity to manage current learn more about the actual impacts of comments. The comments themselves and future changes in food demand and the three customer service waivers on also should be identified with the resources. Information collected by the recipients and how the waivers may phrase ‘‘USDA Biobased Products List’’. EFAS study will help USDA assess affect recipients and the recipients’ FOR FURTHER INFORMATION CONTACT: J. R. emergency food providers ability to responses. It will also provide Holcombe, Jr., at the address above or by manage current and future changes in preliminary estimates of the frequency E-mail at food demand and resources and of customer service problems in selected [email protected]. Persons determine whether additional programs states with and without the waivers. requiring accommodations, including to support EFAS are needed. Description of Respondents: sign language interpreters, should call J. Description of Respondents: Not-for- Individuals or households. profit institutions; Local or Tribal Number Of Respondents: 1,400. R. Holcombe, Jr. through Terry Thir at Government. Frequency of Responses: Reporting: (202)720–2531 or TDD (202)720–8372). Number of Respondents: 9,046. On occasion. SUPPLEMENTARY INFORMATION: 44186 Federal Register / Vol. 64, No. 156 / Friday, August 13, 1999 / Notices
Table of Contents applies to all Federal agencies. E.O. industrial products, such as synthetic I. Authority 13101 is silent on micro-purchases, thus chemicals and liquid fuels, were in the II. Background there is no threshold or other exception 20th century. Biobased industrial III. Definitions which would discourage agencies from products will improve economic IV. Model purchasing biobased products. Nor is security through use of domestic versus V. Methodology there any exemption for purchases using imported resources, optimal use of VI. Criteria for Proposing Biobased Products 1. Contain biobased materials Federal credit cards. While there is no currently unused or underused land, 2. Readily available stated equivalent encouragement for and geographically widespread 3. Reasonably priced state and local governments to purchase production and manufacture across the 4. Performance biobased products, generally state and U.S.’’ (Quote from Vision for 5. Meets EPA’s EPP Guiding Principles local governments follow the Federal Agricultural Research and Development VII. Proposed Categories of Products for lead in such matters. in the 21st Century, December 14, 1998, Consideration prepared by the National Agricultural II. Background Category 1: Absorbents/Adsorbents Biotechnology Council). Category 2: Adhesives/Inks/Coatings Sustained economic growth depends The Biobased Products List (BPL) Category 3: Alternative Fuels and Fuel on having a secure raw material source Additives does not qualify as a rule making under Category 4: Construction Materials/ for industrial production. Petroleum, the Administrative Procedure Act, 5 Composites today’s prevalent industrial feed stock, U.S.C. 551 et seq. The Biobased Category 5: Lubricants/Functional Fluids is neither sustainable nor Products Coordination Council (BPCC) Category 6: Renewable Alternative Fiber environmentally friendly. Biobased listing of biobased products is without Papers/Packaging products offer alternatives to petroleum a binding effect. Agencies are not Category 7: Solvents/Cleaners/Surfactants and mineral-derived industrial products required to purchase biobased products, Category 8: Plant Based Plastics/ currently in the marketplace which may and listing does not guarantee any sales Degradable Polymers/Films have negative environmental impacts. of such products. Listing heightens Category 9: Landscaping Products Biological plant and animal systems and Category 10: Bioremediation Products awareness in the Federal acquisition Category 11: New Fibers/Filler/Yarn/ processing streams in the U.S. food, feed community that such products are Insulation and fiber industries are renewable over available. Listing acknowledges that Category 12: Enzymes/Intermediate a short time frame and, in general, at the these products contain certain features Chemicals end of their life cycle are either that may make the products more Category 13: Other recycled, or allowed to return in an desirable for Federal agencies. The (A.) Cosmetics environmentally friendly manner to the BPCC also is not requiring any action be (B.) Pharmaceuticals/Nutraceuticals environment. Utilizing biobased taken by the private sector. The listing (C.) Products no longer under materials to produce industrial products is simply information dissemination. consideration or for which USDA has will expand the nation’s capabilities to inadequate information Even though not a rule, USDA is eager (D.) Products USDA has decided not to take advantage of new and exciting to obtain public involvement in the designate technologies and America’s agricultural formulation of the biobased products VII. Questions and Answers abundance. list to develop a more utilitarian, IX. Appendix From a procurement perspective, a comprehensive, and informed list. For 1.USDA Biobased Products Coordination broader range of biobased industrial those reasons, USDA is soliciting public Council Functions by Member products will assist agencies in comment through this notice. 2. Other Resources successfully meeting environmental As stated above, the designation of I. Authority goals as outlined in E.O. 13101. From products by USDA and the resulting the USDA perspective, the issues extend BPL is part of USDA’s efforts to The designation and consideration of well beyond good stewardship of the heighten awareness among those in the biobased products is authorized by nation’s resources. Federal acquisition community Executive Order (EO) 13101, Greening USDA is engaged in research and regarding the availability of such the Government Through Waste development activities for biobased products. Simultaneously, as a collateral Prevention, Recycling, and Federal industrial products. These activities are benefit, USDA believes such listing will Acquisition, dated September 14, 1998, conducted in-house, through promote the use of products made from as follows: universities and colleges, through agricultural materials. The intent of E.O. Sec. 504. Designation of Biobased Items by private business, and through USDA’s 13101 is to use the purchasing power of the USDA. The USDA Biobased Products Alternative Agricultural Research and the Federal government to create new Coordination Council shall, in consultation Commercialization Corporation. markets and stimulate the development with the FEE (Federal Environmental Partnerships with universities, industry, of new environmentally preferable Executive), issue a Biobased Products List. (a) state and local government and other products, including biobased products, The Biobased Products List shall be published in the Federal Register by the Federal agencies to create, apply and for the Federal market. As with recycled USDA within 180 days after the date of this transfer knowledge and technology, content products, Federal agency order and shall be updated biannually after have resulted in a broad range of non- procurement of biobased products will: publication to include additional items; (b) food and non-feed products to meet (1) demonstrate their performance and Once the Biobased Products List has been expanding market needs. Some of these quality; (2) help to provide markets, published, agencies are encouraged to modify products offer many performance thereby encouraging manufacturing; (3) their affirmative procurement program to advantages over conventional products drive the development of product give consideration to those products. such as enhanced quality, durability, specifications; (4) promote wider The requirement for Federal agencies flexibility, and strength, and are availability; (5) provide a model for to consider biobased products is not biodegradable when appropriate. State and local governments; and (6) only in Executive Order 13101, but also Buying biobased products ensures remove barriers to procurement and use in Office of Management and Budget that ‘‘biobased industrial products will of these products. (OMB)/Office of Federal Procurement be a major U.S. economic growth area in The Federal market place is already Policy (OFPP) Policy Letter 92–4 and the next century as fossil-based well aware of mature biobased products, Federal Register / Vol. 64, No. 156 / Friday, August 13, 1999 / Notices 44187 such as cotton shirts and dimensional commercial or industrial products made section VII entitled ‘‘Questions and lumber. Because of the anticipated large from agricultural, forestry and marine Answers’. number of biobased products of which materials. The CPG implements section USDA proposes to designate biobased Federal officials are unaware, and to 6002(e) of the Resource Conservation products by establishing and help keep the BPL manageable and and Recovery Act (RCRA), as amended maintaining a list of product categories. useful as an effective and efficient by the Hazardous and Solid Waste For this document we have combined procurement information resource, Amendments of 1984, section 502 of some categories of commercial and USDA has decided not to list commonly E.O. 12873, and E.O. 13101. RCRA industrial products. Other categories are known mature products. Instead, USDA requires EPA to designate items that can not listed because they do not designate is publishing the BPL to promote new be produced with recovered materials products which are purchased by uses for conventional crops, non- and to recommend practices for the government procurement officials. This conventional crops, biological products, procurement of designated items by document is presented to the public for marine products, or forestry materials. procuring agencies. E.O. 12873 and E.O. comment. USDA is providing an Additionally, by increasing the 13101 set forth procedures for EPA to opportunity for interested parties to acquisition of the number and kinds of follow in implementing section 6002(e) suggest changes (alterations, additions biobased products available for of RCRA. Specifically, EPA designates or deletions) to the designated purchase by Federal procurement products for agencies to purchase and categories. USDA will consider the officials, competition in contracting will provides recommendations for timely comments and publish its be strengthened. Successful purchasing those products containing decision in the Federal Register as a implementation of E.O. 13101 will have recovered materials. Similarly, E.O. notice. Over time USDA will determine significant outcomes for U.S. agriculture 13101 directs that USDA identify whether the world wide web or a and the environment. There will be biobased products and prepare a list of similar electronic communication economic, environmental and societal biobased products and ‘‘agencies are system may be adequate to allow open advantages from the development of encouraged to modify their affirmative public review and comment. If this industrial feed stocks from agricultural procurement program to give determination is made, the electronic materials. consideration to those products.’’ system will be used to supplement III. Definitions Updated information on CPG can be publication in the Federal Register. found at the web site: http:// USDA also will issue guidance in the A ‘‘biobased product’ is defined in www.epa.gov/cpg. Federal Register on buying biobased E.O. 13101 as a commercial or industrial products in a Biobased Products product (other than food or feed) that V. Methodology Advisory Notice (BPAN). The BPANs utilizes biological products or As soon as E.O. 13101 was signed on will recommend biobased content renewable domestic agricultural (plant, September 14, 1998, USDA began its ranges or other descriptors for biobased animal, and marine) or forestry efforts to compile a list of biobased products and will be based on current materials. products as required by the E.O. A information on commercially available ‘‘Mature markets’’ means a product committee was appointed by USDA’s biobased content products. Content area that exists with sufficient BPCC to prepare the appropriate notice levels will be updated as marketplace commercial sales so that, within the for the Federal Register. conditions change. BPANs will be judgment of USDA, no marketing The committee is made up of prepared and published in the Federal support is needed. ‘‘Environmentally preferable individuals with commercialization, Register for public comment in the same products’’ means products that have a legal, legislative, marketing, manner as the BPL. lesser negative impact on human health procurement, rural development, USDA will list products and sources or the environment when compared research, and other technical expertise for these products on a world wide web with competing products that serve the and who meet to work on the list. Early site to allow buyers to use the same purpose. This comparison should in the process, draft copies of the designation of products as a ‘‘yellow use principles recommended in proposed listing process were shared pages’’ to seek out biobased products for guidance issued by the U.S. with other Federal agencies, their use. Biobased products which Environmental Protection Agency (EPA) environmental organizations, and agri- USDA is aware of will be listed on the (see Federal Acquisition Regulation industry groups, including the major site. USDA will not guarantee the 23.703). commodity representatives. The Federal validity of the advertising claims These are commonly recognized Trade Commission was contacted to presented by the vendor to inform definitions. The public is encouraged to seek their guidance with respect to USDA of the product. Vendors are comment on these definitions and labeling products biobased. The advised that their advertising, labeling, suggest others. committee also utilized existing and other marketing claims should documents on biobased products comply with the U.S. Federal Trade IV. Model referenced in the appendix of this Commission’s Guides for the Use of This notice, and the proposed USDA document. Based on public input, Environmental Marketing Claims, 16 methodology for designating biobased research and the expertise of the CFR Part 260. USDA also does not products, is patterned after the committee, this notice for comment was endorse any products on the list. Guidelines for Procurement of Products prepared. Vendors may submit information to Containing Recovered Material A number of questions were raised describe their products and its (Comprehensive Procurement during the committee deliberations. availability at any time after a suitable Guidelines—CPG) published by the U.S. Many of these related to the standard category is developed. Environmental Protection Agency (EPA) procurement requirements of price, Products may be listed in more than which designates items that are or can performance, and availability. Some are one category. The extent of information be made with recovered materials (59 answered below under the criteria to be offered USDA to support listing a FR 18852, April 20, 1994). In like section, while a number of other product is determined by the vendor. manner, the USDA BPL will identify considerations are conveyed under Should USDA reject a proposed listing, 44188 Federal Register / Vol. 64, No. 156 / Friday, August 13, 1999 / Notices the vendor will be informed of the VI. Criteria for Proposing Biobased environmental attributes of their reasons and allowed to resubmit. Products product or service, including claims of While directed primarily at Federal USDA proposes to evaluate five environmental preferability, the claims executive branch agencies, the BPL and primary concerns, which every product should conform to the Federal Trade BPAN information is helpful to must meet, when examining products Commission’s (FTC’s) Guides for the everyone interested in purchasing for proposed listing. Products proposed Use of Environmental Marketing Claims (Green Guides), 16 CFR Part 260. A copy biobased-content products. It is for listing must: of the Green Guides can be obtained expected that state and local (1) Contain Biobased Materials through FTC’s website: www.ftc.gov governments and commercial Products with a higher percentage of (select ‘‘Consumer Protection’’, then businesses will find the BPL and biobased content, are considered better. select ‘‘Environment’’, then select supporting information helpful. Products must be manufactured with ‘‘Guides’’). As explained in the FTC As part of the BPL designation raw materials that are domestically Green Guides (16 CFR 260.5), any party process, USDA will make its supporting produced from agricultural making a claim concerning a product’s documentation and background production—farming, ranching, forestry, environmental attribute ‘‘must, at the information available. In addition, aquaculture—or from materials derived time the claim is made, possess and rely product research information will be during the processing of these biobased upon a reasonable basis substantiating published in a technical background products. Particular attention is paid to the claim. A reasonable basis consists of document that discusses product those products produced from materials competent and reliable evidence. In the availability, performance, relevant that are a significant component of the context of environmental marketing specifications, government purchasing, waste stream. claims, such substantiation will often and other pertinent issues. (2) Readily Available require competent and reliable scientific evidence, defined as tests, analyses, All proposals, designations, and The products USDA selects for research, studies or other evidence recommendations will be published in designation are available from national, based on the expertise of professionals the Federal Register with a brief regional, or local sources. The relative in the relevant area, conducted and description for each of the designated availability of a product influences the evaluated in an objective manner by products listed (BPAN). The public also ability of a procuring agency to secure persons qualified to do so, using can view USDA’s recommended a reasonable price and an adequate level procedures generally accepted in the biobased content range, or other of competition when procuring it. profession to yield accurate and reliable descriptors and a list identifying USDA does not intend to designate results.’’ The Green Guides (16 CFR manufacturers, vendors, and suppliers experimental or developmental 260.5) provide guidance on the use of for each product at a web site to be products until it can be shown that they environmentally preferable claims, as created. meet these evaluation criteria, in well as other claims such as USDA’s method for identifying, particular, commercial availability. biodegradable, recycled, recyclable, Several of the technologies behind the proposing, and designating BPL non-toxic, and ozone friendly. products are new and supported by products is developed based on the The Green Guides state that either an patents. Some of these products have experience of EPA in the designation of unqualified or inadequately qualified been developed through Cooperative claim that a product is environmentally recycled-content products and on the Research and Development Agreements preferable implies to consumers that a direction set up in E.O. 13101, section (CRADAs) while other companies have product is generally environmentally 504. Prior to issuing or revising the BPL, licensed USDA developed technologies. superior to others. Such an overall USDA will consult with Federal Given this knowledge, the committee superiority claim would be difficult to acquisition officials, EPA and the felt it would be in the Government’s substantiate. Accordingly, Federal Environmental Executive (FEE) interest to purchase those products environmentally preferable claims required under E.O. 13101, to identify developed with Federal research and should be accompanied by language additional criteria to consider when commercialization dollars. Sole-source limiting the preferability claim to the selecting (product areas) products for products may be listed. Additionally, particular attributes that can be designation. although competition is desirable, all substantiated. In other words, the claim applicable patents shall be recognized. However, these product categories are should explain which specific product However it was also felt that the not all inclusive and other categories features or attributes benefit the promotion of these technologies would may be suggested through the comment environment (for example, the product encourage other companies to commit process. Many of the products under is non-toxic, contains no VOCs, and funds to enter the market thus leading these categories in this first list are those comes in a recycled package). In to greater competition. known to USDA or its partners because addition, the Green Guides state in 16 USDA has performed research, initiated (3) Reasonably Priced CFR 260.6, 260.7 that when technology transfer, or provided It also is important for the product to environmental seals-of-approval or commercialization assistance for these be priced competitively. It is highly other certifications are used, they products. USDA realizes there are many desirable that there is adequate should be accompanied by information biobased industrial products developed competition among suppliers of the explaining the basis for the award. by the private sector with little or no product. Federal assistance. These will also be (5) Meets EPA’s EPP Guiding Principles considered for listing without bias. The (4) Performance Products must meet the biobased industrial products list will be Products must meet commercial or Environmentally Preferable Products amended periodically to incorporate Federal performance standards and (EPP) Guiding Principles as published additional products or categories based specifications. by the EPA. (See definitions section III on public participation. Following is a If product and service providers make above for the definition of EPP. The EPP summary of USDA’s selection criteria. marketing claims regarding the Guiding Principles are listed below.) Federal Register / Vol. 64, No. 156 / Friday, August 13, 1999 / Notices 44189
Guiding Principle 1: Environment + to designate products in the categories government buys ink. However, it also Price + Performance = EPP listed below. USDA also will publish buys printing. The intent of this Environmental considerations should final or proposed biobased content designation is to have Federal become part of normal purchasing recommendations for each product. At procurement officials purchase soy inks practice, consistent with such this point, the proposed categories are for in-house use and specify the ink for traditional factors as product safety, listed for informational and discussion contracted printing.) Also in the price, performance, and availability. purposes only. USDA is interested in development stage at this time is a learning about category areas for broader range of inks such as silkscreen Guiding Principle 2: Pollution potential future designation. There is and flexography, toners for copiers and Prevention not a specific list of the information, laser printers, inkjet printer inks, textile Consideration of environmental which USDA requires before inks and higher soy content UV cured preferability should begin early in the considering a product, although the inks for a variety of purposes. When acquisition process and be rooted in the discussion above under ‘‘Criteria for these products are commercially ethic of pollution prevention which Proposing Biobased Products’’ should available, they will be designated if strives to eliminate or reduce, up front, provide general guidance for those appropriate. Plant oils are also used in potential risks to human health and the wishing to submit products for listing. a number of paints and coatings. environment. More details about USDA’s Examples under consideration include: information needs and the agency’s Concrete sealants and waterproofing Guiding Principle 3: Life Cycle decision-making process will be Perspective/Multiple Attributes Concrete stains provided after public input is received Wood sealers and waterproofing A product’s or service’s from this notice. Architectural coatings environmental preferability is a function Category 1: Absorbents/Adsorbents Metal coatings of multiple attributes from a life cycle Form release agents Within this category, the perspective. Corrosion inhibitors and polishes. environmental preferability of the entire Guiding Principle 4: Magnitude of product (e.g., absorbent/adsorbent and Category 3: Alternative Fuels and Fuel Impact the casing or framework holding or Additives Determining environmental enclosing the absorbent/adsorbent) must Within this category agricultural raw preferability might involve comparing be addressed by the buyer. Product materials, derivatives, or byproducts environmental impacts. In comparing examples under consideration for listing have been used to develop alternative environmental impacts, Federal include: fuels. Examples under consideration for agencies should consider: the Vegetable starch listing include: Cotton and cotton linters (cotton pads, reversibility and geographic scale of the Motor Fuels environmental impacts, the degree of oil absorbents) Biodiesel (made from plant based oils Wool (low value wool is used to make difference among competing products or or animal fats) adsorbent pads) services, and the overriding importance Ethanol (made from corn or other of protecting human health. Kenaf (oil absorbent) Agricultural wastes (such as corn stover, biomass) Guiding Principle 5: Environmental peanut hulls, and other crop residues Energy Fuels Performance Information to absorb liquids and petroleum) Fuel pellets (Generally such products contain over 60 percent by weight Comprehensive, accurate, and Category 2: Adhesives/Inks/Coatings meaningful information about the agricultural, forest, or other woody fiber, environmental performance of products Within this category a number of produce less than 20 percent ash after or services is necessary in order to adhesives have been developed which complete combustion, and contain less determine environmental preferability. utilize plant proteins, plant starches and than 15 percent moisture.) plant oils. These adhesives generally Copies of EPA’s final EPP guidance Category 4: Construction materials/ have low or no emissions (below EPA document can be obtained by calling the Composites Pollution Prevention Information standards where applicable) of Clearinghouse (PPIC) at (202) 260–1023. hazardous air pollutants and volatile This category includes wood products The text included here is our organic compounds (VOC’s). Examples and composites from woody and understanding of the guidance being of products using biobased adhesive agricultural materials, residues, and finalized. We intend to use the final under consideration for listing include: wastes. Within this category, products guidance published by EPA in operation Plywood must be derived from agricultural crop, of the Biobased Products List. The Finger-jointed lumber forest materials, or crop residue proposed EPP guidance was published Engineered wood building components (includes woody materials). The woody for public comment at 60 FR 50722, (laminated beams, trusses, etc.) materials can be from activities such as September 29, 1995, and is available on Decorative composites thinning, or fuel reduction in plantation Fiber board panels stands, regenerated forest stands, or the Internet at (http://www/epa.gov/ Paper board docs/EPA-TOX/1995/September/Day- intensively cultured short rotation 29/pr-139.html). We will rely on Plant oils are used to make inks. To woody stands, i.e. less than 10 years, or manufacturers’ advertising claims as a be considered a plant-based ink, the ink from wood residue, or recovered wood self-certification of these five principles. must contain a minimum of 20 percent products. Products produced from by volume of plant oil (Vegetable Ink recovered agricultural wastes (including VII. Proposed Categories of Products for Printing Act of 1994, Pub.L. 103–348). waste paper) need not meet the short Consideration Examples under consideration for rotation woody crop requirement during A key component of the BPL program listing include: the manufacturing process. Examples is USDA’s list of designated products Soy ink under consideration for listing include: and the accompanying biobased content (In regards to this product, in its own Wall systems made from compressed recommendations. USDA is proposing agency print shops, the Federal wheat straw or other plant fibers 44190 Federal Register / Vol. 64, No. 156 / Friday, August 13, 1999 / Notices
Fiber board made from wheat or other Kenaf pesticides. Bioremediation products cereal straw, sugarcane bagasse, or Other short term fibers may also be used to simultaneously other plant fibers Because they are mature markets, rag remove or separate toxic or hazardous Composites made from soybean meal or and linen papers are not suggested for substances from soil or surface water other plant proteins consideration. while promoting the development of Molded auto parts from vegetable fibers native microbe populations to hasten Building or office furnishings (desks, Category 7: Solvents/Cleaners/ biodegradation of residual amounts of tables, cabinets, etc.) made from Surfactants hazardous substances. Examples under biobased composites Within this category examples of consideration for listing include: This category includes wood products products under consideration for listing Biocontrol potting mix and composites from woody and include: Cotton linters agricultural materials which are bound Oil spill clean-up materials with biobased resins. Examples under Citrus based cleaners Soy-based cleaners and degreasers consideration for listing include: Category 11: New fibers/Filler/Yarn/ Soy-based solvents Insulation Plywood Soy-based paint strippers and graffiti Finger-jointed lumber Within this category several new Engineered wood building components removers fibers, or fibers which were once (laminated beams,trusses, etc.) Soy-based adhesive removers Decorative composites Pesticide adjuvants and surfactants common in the U.S., are under Dormant oil sprays for disease and development or redevelopment. The category may also include insect control Examples under consideration for thermoset plastics and reinforced plastic Other plant oil based solvents and listing include: parts and plastic foam insulation cleaners materials made from vegetable oil or Kenaf (used as absorbent, paper, and protein-based resins. Examples under Category 8: Plant based plastics clothes) consideration include: /Degradable polymers/films Flax (clothes) Rigid foam insulation Ramie (clothes) Within this category examples under Low grade wool Door and window components consideration for listing include: Molded reinforced plastic automotive Low grade cotton and equipment parts Plant starch compostable cutlery Milkweed (yarn, pillow filler, oil) Polylactic acid (PLA) compostable Plant lignin as adhesives Category 5: Lubricants/Functional fluids cutlery Paper plates coated with starch Category 12: Enzymes/Intermediate Within this category products include Chemicals oils and greases. Products are generally Protein derivatives or PLA made from soybean, canola, rapeseed, (compostable) Enzymes are sometimes referred to as corn or other plant materials. Examples Plant protein used to make films and biocatalysts. They can be used to under consideration for listing include: biodegradable bags accelerate a broad range of chemical Vehicle lubricants (crankcase oils, Loose fill packing peanuts from starch reactions, which occur in everyday life transmission fluids, fifth wheel or other natural plant materials and are used in production of a variety grease, all purpose total loss Flexible polyurethane foams made with of materials. Agriculturally-based lubricants) soybean oil based polyols (molded enzymes and chemicals are found in Vehicle fluids (windshield washer fluid cushions and pads for furniture, such products as pharmaceuticals, from ethanol) automotive seats, dashboards, etc.) detergents, cleaning agents, cotton Air-cooled engine lubricants (crankcase Resilient polyurethane components textile surface treatments, personal care oils, greases) made with soybean oil based polyols products, and microbial agents. The Hydraulic fluids (molded cases and covers for committee had difficulty with this Gearbox oils appliances, telephones, computers, category. While we realize these are Metal working fluids and cutting oils etc.) important manufacturing processes and Total loss lubricants: (including 2- Rigid insulating foams made from soy utilize agricultural raw materials, we cycle engine oils, rail and flange proteins (insulation for refrigerators, felt there was a need to directly link the lubricants, wire rope and cable freezers, coolers, appliances) use of an agricultural enzyme/chemical lubricants, pump drip oils, bar chain Category 9: Landscaping products to a commercial product which would oils, lumber skid lubricants, asphalt be available for purchase by Federal release agents, concrete form release Within this category a number of procurement officials, because that is oils, and penetrating oils). landscape materials are produced by the primary focus of this notice. Thus, composting green wastes. Some we have only mentioned broad product Category 6: Renewable alternative fiber biobased materials, when used as categories. We seek public comment to papers/Packaging absorbents, can also bioremediate decide what individual products should Within this category, products must hydrocarbons. Examples under be listed under this category. We also have at least 30 percent recovered consideration for listing include: seek public comments as to whether or content fiber (E.O. 13101), in addition to Potting soil not this should even be a category at all. biobased content, and the Soil amendments Category 13: Other manufacturing process should use less Protein-based mulching films (or zero) chlorine during bleaching than Cosmetics: Vegetable oils and small traditional tree fiber produced papers. Category 10: Biocontrol/Bioremediation molecule plant starches are one of the Crops must be of short rotation (less Media raw ingredients in a number of cosmetic than ten years) cropping system Within this category are products applications. required. Examples under consideration which contain microbes which prevent Pharmaceuticals/nutraceuticals: include papers which have as their raw plant diseases thus reducing or Bioactive compounds and complexes materials source: eliminating the need for chemical are being extracted from plant materials Federal Register / Vol. 64, No. 156 / Friday, August 13, 1999 / Notices 44191 for prevention and treatment of hydrocarbons. However, not all the likelihood of these displacements diseases. biobased products are environmentally happening is not great, and that it is preferable. For the purposes of E.O. more important, at this juncture, to Products No Longer Under 13101, USDA is listing only those stimulate the production of biobased Consideration products which are considered by products. If substitution occurs at some No entries at this time. USDA to be within the U.S. future date, USDA will consider Products That USDA Has Decided Not Environmental Protection Agency (EPA) developing guidelines to deal with the To Designate Environmentally Preferable Products situation. Guidelines. The committee has made the Will Products Be Listed by Company determination to focus on commercial Should the Biobased Product List Name? Contain Only Products That Are and industrial products and to avoid One of the issues considered was Commercially Available, or Should mature products, be they product areas whether or not to list products by Products Now in the Research Stage or products themselves. The committee manufacturer name and address in the Also Be Included? Is the Product does not foresee a need to designate initial notice. The committee believes it Available Only in a Limited Geographic products such as cotton fabrics or was prudent to first get full public Area? dimensional lumber presently in the comment on the guidelines, categories, commercial marketplace. Composite The committee unanimously agreed criteria and methodology (process) lumber, which utilizes low value woods that generally only those products in before proceeding to list products by or other fiber waste and is made using commercial production and generally manufacturers. It is the intent of the environmentally friendly glues and available nationally should be included. USDA to incorporate these public processes, would be considered However, geographic exceptions can be comments into a notice 60 days after the however. Products must be produced considered. For instance, landscaping publication of this request for comment. from renewable and sustainable materials are usually produced and That notice will call for the submission resources. Our emphasis is on biobased consumed regionally since it is not of information from companies which organic products, not natural or organic. economical to transport such materials have products they believe will fit the Thus, mined products are generally not over long distances. Starch-based defined criteria. A document (BPAN) under consideration. Petroleum-based packing peanuts are another example. listing products by company name, products are generally not under Both these products should be used near address, phone numbers, and sales consideration unless the end product is the point of production. In some contact information will be produced in distinguished by the incorporation of instances, a company may be national in the future after all interested parties renewable biobased materials. scope but have regional operations to have had a reasonable opportunity to VIII. Questions and Answers address transportation and other submit their information for listing. economic issues. Those submissions will be evaluated by What is the Biobased Products Coordination Council (BPCC)? Should There Be a Minimum Percentage a team of technical experts and of Biobased Materials in the Products published in a separate document and The BPCC was established by virtue Suggested for Listing? will also be available on a web site to of a Decision Memorandum signed by be created at a later date. the Secretary of Agriculture on Since the biobased products cover a September 13, 1995. The Council is wide range of industries, it was felt no IX. Appendix one percentage could be fairly applied chaired by the USDA Under Secretary 1. Biobased Products Coordination across the board. Instead, the committee for Research, Education, and Council Economics. The Council promotes agreed that each category of products commercial and industrial biobased could have their own percentage Biobased products from agricultural product research, development, and requirements by weight or volume based and forestry resources provide commercialization through information on what the committee could learn renewable raw materials for the sharing, implementation of strategic about that category. The committee does processing and manufacturing of a planning, and provision of policy advice believe that the products should contain broad range of nonfood and nonfeed to the Secretary. Ten USDA agencies are the largest percentage of biobased raw products, such as chemicals, fibers, members of the Council and include: materials possible. Persons commenting construction materials, and energy Forest Service, Agricultural Research on this notice are encouraged to address sources. Development and Service, Cooperative State Research, the percentage issue. commercialization of such products Education, and Extension Service, provide new and expanded markets, What About One Biobased Product accelerate successful market Office of Energy Policy and New Uses, Replacing Another? Alternative Agricultural Research and penetration, and diversify agriculture Commercialization Corporation, Foreign In its deliberations, the committee while fostering rural and sustainable Agricultural Service, Natural Resources considered the possibility of one development. Conservation Service, Agricultural biobased material displacing another The Biobased Products Coordination Marketing Service, Rural Business- biobased material as feedstock, thereby Council, established by the Secretary of Cooperative Service, and the Office of resulting in no net reduction in Agriculture, is chaired by the USDA the Assistant Secretary for materials available. We also discussed Under Secretary for Research, Administration. whether the diversion of biobased Education, and Economics. The Council materials from one product to another promotes biobased industrial product Why Are Biobased Products could possibly create shortages in research, development, and Environmentally Preferable? feedstocks for one or both products; and commercialization through information Because of their carbohydrate the ability of manufacturers to obtain sharing, implementation of strategic chemistry, biobased products are biobased materials in sufficient quantity planning, and provision of policy advice believed, within USDA, to be generally to produce the product under to the Secretary. Currently ten USDA preferable to those made from consideration. The committee believes agencies are members of the Council. 44192 Federal Register / Vol. 64, No. 156 / Friday, August 13, 1999 / Notices
The activities of these agencies in the Cooperative State Research, Education, for engines and transmissions; building area of biobased industrial products are and Extension Service materials made from wheat straw; described as follows: The Cooperative State Research, cleaners and biodiesel fuel made from vegetable oil; a lightweight, high- Forest Service Education, and Extension Service (CSREES), USDA’s principal link to strength molded fiber panel made from The Forest Service (FS) has Federal academia, participates in a nationwide waste wood and kenaf; windshield washer solvent using ethanol made from responsibility for national leadership in agricultural research planning and corn; oil spill absorbents made from forestry and forestry-related issues. coordination system that includes State natural fibers; and a nontoxic Through its research arm, the FS land-grant universities and the biodegradable concrete release agent. develops and communicates scientific agricultural industry. CSREES advances and technological information to research and development in new uses Foreign Agricultural Service protect, manage, and use the Nation’s for industrial crops and products The Foreign Agricultural Service 1.6 billion acres of forest and related through its Agricultural Materials (FAS) maintains 75 overseas posts with rangeland. program, National Research Initiative, the overall goal of supporting U.S. Small Business Innovation Research The FS Resource Valuation and Use exports of agricultural, forest, and fish program, and other activities. products. This is accomplished by Research program and Cooperative Areas of interest include paints and Forestry program develop and provide reducing trade barriers, collecting and coatings from new crops such as disseminating global trade and market scientific and technological information vernonia, euphorbia, and lesquerella; to support the harvesting, production, information; and developing markets fuels and lubricants from soybeans, through the use of promotion, loan and use of wood products in ways that crambe, rapeseed, and canola; fiber guarantees, food aid, and economic are efficient, safe, and environmentally products from kenaf and hesperaloe; development activities. beneficial. Specific areas of natural rubber from guayule; and FAS works through private industry development include improved wooden biobased polymers from vegetable oils to identify overseas markets for new transportation systems; fiber-reinforced and starches. products, promote exports of such cement products; uses for waste wood Office of Energy Policy and New Uses products, and research and develop new and plastics (ranging from very products. FAS supports these activities inexpensive, low-performance The Office of Energy Policy and New through the Market Access Program, the composites to expensive, high- Uses provides leadership, oversight, Foreign Market Development Program, performance building materials); coordination, and evaluation for all and scientific exchanges sponsored by housing components and systems made USDA energy and energy-related the International Cooperation and from recycled wood waste and activities with the exception of those Development program. wastepaper; and novel enzymes used to delegated to the USDA Assistant Natural Resources Conservation Service treat virgin and recycled wood fibers in Secretary for Administration. The Office analyzes existing and proposed energy the production of a variety of chemicals. The Natural Resources Conservation policies, strategies, and regulation Service (NRCS) has national Agricultural Research Service concerning or potentially affecting responsibility for helping farmers, agriculture or rural America. It also ranchers, and other private landowners As the in-house research arm of evaluates the feasibility of new uses for develop and implement voluntary USDA, the Agricultural Research agricultural products. efforts to conserve and protect our Service (ARS) develops new knowledge In collaboration with the U.S. Nation’s natural resources. Key NRCS and technology needed to solve a broad Department of Energy and the U.S. programs provide technical assistance to range of technical and agricultural Environmental Protection Agency, land users and local government to problems of high national priority. ARS projects have focused on technologies sustain agricultural productivity while aims to ensure adequate production of that convert plant cellulose and protecting and enhancing the natural high-quality food and agricultural hemicellulose into ethanol and resource base. products to meet the nutritional needs electricity production using direct Activities emphasize reduction of soil of the American consumer, to sustain a combustion or gasification technologies. erosion; improvements in soil and water viable food and agricultural economy, Alternative Agricultural Research and quantity and quality; wetland and to maintain a quality environment Commercialization Corporation conservation and improvement; and natural resource base. enhancement of fish and wildlife Created by Congress as part of the habitat; improvements in air quality; Biobased industrial product research Farm Bill in 1990, the Alternative and development focuses on areas such improvements in the conditions of Agricultural Research and pastures and rangelands; reduction in as chemicals and industrial products Commercialization Corporation (AARC) from crops, cattle, and animal fats; upstream flooding; and improved is a USDA agency that makes equity woodlands. starch-based biodegradable plastics; investments to commercialize industrial polysaccharide encapsulating agents; products from agricultural and forestry Agricultural Marketing Service and new products from soybean oil, materials and animal byproducts. This The mission of the Agricultural which are useful as additives to activity complements the work of Marketing Service (AMS) is to facilitate lubricants, fuels, and plastics, as surface USDA’s research agencies. AARC policy the strategic marketing of agricultural coatings; and as inks for the printing and program direction is provided by a products in domestic and international industry. Additional areas include nine-person Board of Directors—eight of markets while ensuring fair trading development of ion exchange resins whom are non-Federal—representing practices and promoting a competitive, based on agricultural residues, cotton- processing, financial, producer, and efficient marketing system. Working based fabrics with versatile new and scientific interests. with other government agencies, and the improved properties, and fiber crops for Development and commercialization public, AMS establishes grades and specialized uses. projects include vegetable oil lubricants standards for a wide array of Federal Register / Vol. 64, No. 156 / Friday, August 13, 1999 / Notices 44193 agricultural commodities and products Strategic Direction for Biobased alternative to diminishing fossil and provides grading and classing Products Work in USDA Through the feedstocks for biobased products. services to certify the quality or Biobased Products Coordination Agenda 2020–A Technology Vision condition of products in marketing Council (BPCC ), BPCC, Washington, and Research Agenda for America’s channels. DC, 16 pp, 1999. A plan to carry out Forest, Wood and Paper Industry, AMS provides oversight of federally programs to increase the domestic American Forest and Paper Association, sanctioned marketing orders and research, development and Washington, D.C., 1994. Develops a agreements and industry wide market commercialization of biobased long-term strategy for sustainability of research and promotion programs. In industrial and commercial products. forest products by increasingly addition, the agency administers certain Executive Order 13101, Greening the leveraging the virgin raw material with pesticide reporting requirements, Government Through Waste Prevention, material recovery and recycling. compiles data concerning pesticide Recycling, and Federal Acquisition, 63 Vision for Agricultural Research and residues on certain products, and FR 49643, Washington, D.C., September Development in the 21st Century, conducts or administers research and 16, 1998. Establishes guidelines and National Agriculture Biotechnology technical assistance programs to policy for each executive agency to Council, Ithaca, NY 1998. Supports improve the efficiency of the marketing increase and expand markets for agricultural research and development and transportation system and to recovered materials to create Federal to take the lead in providing technology identify new or expanding market Government preference and demands for a biobased economy in the 21st opportunities for U.S. farmers and for such products. century. agribusiness. The National Research Council, Biobased Industrial Products, National Done at Washington, D.C., on this 10th day of August, 1999. Rural Business-Cooperative Service Academy Press, Washington D.C. (In The Rural Business-Cooperative Press). Provides an analysis of the I. Miley Gonzalez, Service promotes economic potential benefits of encouraging a Under Secretary, Research, Education and development in rural communities by transition to more biobased industrial Extension. financing needed facilities, assisting products through future public policies. [FR Doc. 99–21103 Filed 8–12–99; 8:45 am] business development and rural Biological sciences are likely to make BILLING CODE 3410±01±P cooperatives, and planning national the same impact on the formation of strategies for rural economic new industries in the next century as development. the physical and chemical sciences have DEPARTMENT OF AGRICULTURE had on industrial development Animal and Plant Health Inspection Office of the Assistant Secretary for throughout the century now coming to Service Administration a close. The biological sciences, when The USDA Assistant Secretary for combined with recent and future [Docket No. 99±059±1] Administration provides leadership and advances in process engineering, can oversight in acquisition, asset become the foundation for producing a Notice of Request for Extension of management, civil rights, internal wide variety of industrial products from Approval of an Information Collection energy conservation, and recycling. As renewable plant resources. These AGENCY: Animal and Plant Health the USDA Energy Management ‘‘biobased industrial products’’ will Inspection Service, USDA. Executive and the Environmental include fuels, chemicals, lubricants, Executive (dual assignment with the plastics, and building materials. * ** ACTION: Extension of approval of an Under Secretary for Research, Education The long-term growth of biobased information collection; comment and Economics), the Deputy Assistant industrial products will depend on request. Secretary has responsibility for development of cost-competitive SUMMARY: In accordance with the coordinating environmentally preferable technologies and access to diverse Paperwork Reduction Act of 1995, this and energy-efficient initiatives and markets. notice announces the Animal and Plant 1995 Federal Research and serves as an advocate for coordination of Health Inspection Service’s intention to Development Program in Materials these initiatives in USDA facilities and request an extension of approval of an Science and Technology, The Materials programs across the country. information collection in support of the Technology Subcommittee of the regulations issued under the Animal 2. Other Resources National Science and Technology Welfare Act for guinea pigs, hamsters, Agricultural Research, Extension, and Council, Gaithersburg, MD, 1995. This and rabbits. Education Reform Act of 1998, Sec. 404 report describes the materials R&D (7 U.S.C. 7624), provides authority to programs of nine Federal departments DATES: Comments on this notice must be increase and coordinate biobased and agencies to facilitate collaboration received by October 12, 1999 to be product activities in USDA. among the public and private sector assured of consideration. Sustainable America, A New members of the broad materials R&D ADDRESSES: We invite you to comment Consensus for Prosperity, Opportunity, community. regarding the accuracy of burden and a Healthy Environment for the Plant/Crop-Based Renewable estimate, ways to minimize the burden Future, President’s Council on Resources 2020 Program—A Vision to (such as through the use of automated Sustainable Development, Washington, Enhance U.S. Economic Security collection techniques or other forms of D.C., 186 pp., 1996. Contains a national Through Renewable Plant/Crop-Based information technology), or any other action strategy for sustainable Resource Use, Department of Energy, aspect of this collection of information. development which includes actions to: Washington, D.C., 1998. Develops a Please send your comment and three (1) Diversify the mix of agricultural program to provide continued economic copies to: Docket No. 99–059–1, goods produced to enhance profitability growth, healthy standards of living, and Regulatory Analysis and Development, and environmental quality; and (2) strong national security through the PPD, APHIS, Suite 3C03, 4700 River promote ongoing efforts to achieve development of plant/crop-based Road Unit 118, Riverdale, MD 20737– sustainable forest management. renewable resources as a viable 1238. 44194 Federal Register / Vol. 64, No. 156 / Friday, August 13, 1999 / Notices
Please state that your comment refers specify that the animals must be Respondents: Intermediate handlers, to Docket No. 99–059–1. accompanied by a certificate of carriers, ‘‘A’’ and ‘‘B’’ dealers (as You may read any comments that we acclimation signed by a U.S. consignors), USDA accredited receive on this docket in our reading Department of Agriculture accredited veterinarians. room. The reading room is located in veterinarian. Estimated annual number of room 1141 of the USDA South Building, In addition, all shipping enclosures respondents: 1,470. 14th Street and Independence Avenue, must be marked ‘‘Live Animals’’ and Estimated annual number of SW., Washington, DC. Normal reading have arrows indicating the correct responses per respondent: 1.408. room hours are 8 a.m. to 4:30 p.m., upright position of the container. Estimated annual number of Monday through Friday, except Intermediate handlers and carriers are responses: 2,070. holidays. To be sure someone is there to required to attempt to contact the Estimated total annual burden on help you, please call (202) 690–2817 consignee at least once every 6 hours respondents: 260 hours. (Due to before coming. upon the arrival of any live animals. rounding, the total annual burden hours APHIS documents published in the Documentation of these attempts must may not equal the product of the annual Federal Register, and related be recorded by the intermediate number of responses multiplied by the information, including the names of handlers and carriers and maintained average reporting burden per response.) organizations and individuals who have for inspection by Animal and Plant All responses to this notice will be commented on APHIS rules, are Health Inspection Service (APHIS) summarized and included in the request available on the Internet at http:// personnel. for OMB approval. All comments will www.aphis.usda.gov/ppd/rad/ The above reporting and also become a matter of public record. webrepor.html. recordkeeping requirements do not Done in Washington, DC, this 4th day of FOR FURTHER INFORMATION CONTACT: For mandate the use of any official August 1999 . information regarding the regulations government form. Bobby R. Acord, for guinea pigs, hamsters, and rabbits, 9 The burden generated by APHIS Acting Administrator, Animal and Plant CFR, part 3, subparts B and C, contact requirements that all shipping Health Inspection Service. Dr. Jerry DePoyster, Animal Care Staff documents be attached to the container [FR Doc. 99–20896 Filed 8–12–99; 8:45 am] has been cleared by the Office of Officer, AC, APHIS, 4700 River Road BILLING CODE 3410±34±U Unit 84, Riverdale, MD 20737–1234; Management and Budget (OMB) under (301) 734–7833; or e-mail: OMB No. 0579–0036. The reporting and recordkeeping [email protected]. For copies DEPARTMENT OF AGRICULTURE requirements of 9 CFR, part 3, subparts of more detailed information on the B & C, are necessary to enforce information collection, contact Ms. Food and Nutrition Service regulations intended to ensure the Cheryl Groves, APHIS’ Information humane treatment of guinea pigs, Agency Information Collection Collection Coordinator, at (301) 734– hamsters, and rabbits during Activities: Proposed Collection; 5086. transportation in commerce. Comment Request; FNS±245, Negative SUPPLEMENTARY INFORMATION: We are asking the Office of Case Action Review Schedule; FNS± Title: Animal Welfare. Management and Budget to approve the 247, Statistical Summary of Sample OMB Number: 0579–0092. continued use of this information Disposition; and FNS±248, Status of Expiration Date of Approval: October collection. Sample Selection and Completion 31, 1999. The purpose of this notice is to solicit AGENCY: Type of Request: Extension of comments from the public (as well as Food and Nutrition Service, approval of an information collection. affected agencies) concerning our USDA. Abstract: Regulations have been information collection. These comments ACTION: Notice. promulgated under the Animal Welfare will help us: Act (the Act) to promote and ensure the SUMMARY: In accordance with the (1) Evaluate whether the proposed Paperwork Reduction Act of 1995, this humane care and treatment of regulated information collection is necessary for animals under the Act. Title 9, part 3, notice invites the general public and the proper performance of the functions other public agencies to comment on subparts B and C, of the Code of Federal of the Agency, including whether the Regulations (CFR) address specific care proposed information collection of the information will have practical utility; FNS–245, Negative Case Action Review and handling regulations for guinea (2) Evaluate the accuracy of our Schedule; the FNS–247, Statistical pigs, hamsters, and rabbits. Enforcement estimate of the burden of the proposed Summary of Sample Disposition; and of the Act and regulations require collection of information, including the the FNS–248, Status of Sample documentation of specified information validity of the methodology and Selection and Completion. The concerning the transportation of these assumptions used; animals. (3) Enhance the quality, utility, and proposed collection is an extension of The regulations for transporting clarity of the information to be collection currently approved under guinea pigs, hamsters, and rabbits collected; and OMB No. 0584–0034. require intermediate handlers and (4) Minimize the burden of the DATES: Written comments must be carriers to accept only shipping collection of information on those who submitted on or before October 12, enclosures that meet the minimum are to respond, through use, as 1999. requirements set forth in the regulations appropriate, of automated, electronic, ADDRESSES: Comments are invited on: (§ 3.36) or are accompanied by mechanical, or other collection (a) Whether the proposed collection of documentation signed by the consignor technologies, e.g., permitting electronic information is necessary for the proper verifying that the shipping enclosures submission of responses. performance of the functions of the comply with the regulations. If guinea Estimate of burden: The public agency, including whether the pigs, hamsters, and rabbits are reporting burden for this collection of information has practical utility; (b) the transported in cargo space that falls information is estimated to average .125 accuracy of the agency’s estimate of the below 45 °F (7.2 °C), the regulations hours per response. burden of the proposed collection of Federal Register / Vol. 64, No. 156 / Friday, August 13, 1999 / Notices 44195 information, including the validity of Number of record keepers: 53. to 5 p.m. Comments should be the methodology and assumptions used; Number of record keepings per submitted to one of the dockets no later (c) ways to enhance the quality, utility, respondent: 636. than September 11, 1999, to be and clarity of the information to be Estimated Annual hours per record considered in the development of the collected; and (d) ways to minimize the keepers: 15. egg safety action plan. burden of the collection of information Hours per record keeping: 0.0236. ADDRESSES: The meeting will be held at on those who are to respond, including Total record keeping hours: 796. the Washington Plaza Hotel, 10 Thomas through the use of appropriate Total annual reporting/record keeping Circle, NW., Massachusetts Ave. and automated, electronic, mechanical, or hours: 101,049 (total hours per response 14th St., Washington, DC. Thirty rooms other technological collection plus total recordkeeping hours). have been blocked off at the government techniques or other forms of information Dated: August 6, 1999. rate of $115 for a single under reference technology. Comments may be sent to: Susan Carr Gossman, #8613. To guarantee a room with a Retha F. Oliver, Chief, Quality Control Acting Administrator, Food and Nutrition credit card, call the hotel at 800–424– Branch, Program Accountability Service. 1140 or 202–842–1300. Division, Food and Nutrition Service, [FR Doc. 99–21061 Filed 8–12–99; 8:45 am] FOR FURTHER INFORMATION CONTACT: U.S. Department of Agriculture, 3101 BILLING CODE 3410±30±P For registration: Sheila A. Johnson, Park Center Drive, Alexandria, VA FSIS, 202–501–7305 or FAX 202– 22302. 501–7642. Persons requiring a sign All responses to this notice will be DEPARTMENT OF AGRICULTURE language interpreter or other special summarized and included in the request accommodations should call by for OMB approval. All comments will Food Safety and Inspection Service August 19, 1999. also become a matter of public record. [Docket No. 98±045N2] For general information: Stephanie A. FOR FURTHER INFORMATION CONTACT: Smith, FDA, 202–205–0136 or FAX Requests for additional information or DEPARTMENT OF HEALTH AND 202–205–4422, or Alice Thaler, copies of the information collection HUMAN SERVICES FSIS, 202–690–2683. SUPPLEMENTARY INFORMATION: form and instruction should be directed to Retha F. Oliver, (703) 305–2474. Food and Drug Administration I. Background SUPPLEMENTARY INFORMATION: [Docket No. 98N±1230] The President’s Council on Food Title: Quality Control Negative Case Safety was established in August 1998 Egg Safety Action Plan; Public Meeting Action Review Schedule under Executive Order 13100 to Statistical Summary of Sample AGENCIES: Food Safety and Inspection strengthen and focus our efforts to Disposition Service, USDA; Food and Drug coordinate food safety policy and Status of Sample Selection and Administration, HHS. resources. The Council on Food Safety Completion. ACTION: was charged with developing a OMB Number: 0584–0034. Notice. comprehensive, long-range strategic Form Numbers: FNS–245, FNS–247, & SUMMARY: The Food and Drug plan that can be used to set priorities, FNS–248. Administration (FDA) and the Food Expiration Date: September 30, 1999. improve coordination and efficiency, Safety and Inspection Service (FSIS) are identify gaps in the current system and Type of Request: Reinstatement announcing a public meeting to discuss without change, of this previously how to fill those gaps, enhance and the development of an action plan to strengthen prevention and intervention approved collection of information. address the presence of Salmonella Abstract: The FNS–245, Negative Case strategies, and identify or develop enteritidis (SE) in shell eggs and egg Action Review Schedule, is designed to measures to show progress. products using a farm-to-table approach. collect QC data and serve as the data On July 1, 1999, FDA and FSIS The purpose of the action plan is: To entry form for negative case action testified before the Senate Committee on promote the implementation of existing quality control (QC) reviews in the Food Governmental Affair’s Subcommittee on technologies, to control and prevent, to Stamp program. State agencies complete Oversight of Government Management, the extent possible, the presence of the FNS–245 for each negative case in Restructuring, and the District of pathogens, particularly SE, in shell eggs their QC sample. The FNS–247, Columbia. The hearing explored and egg products, in order to reduce the Statistical Summary of Sample concerns raised by an U.S. General incidence of foodborne illness; to Disposition, summarizes the data Accounting Office report (GAO/RCED– examine alternative regulatory obtained from a State’s active and 99–184) relating to the Federal inspection structures to better negative QC samples over the course of Government’s current approach to shell coordinate the government’s egg safety each annual reporting period. The FNS– eggs and egg products safety. During the efforts from farm-to-table; to change, 248, Status of Sample Selection and hearing, the agencies committed to through education, unsafe egg handling Completion, tracks a State’s progress in developing an action plan in 120 days practices by producers, distributors, sample selection and case completion to address the presence of SE in shell retailers, and consumers, in part, by on a monthly basis. eggs and egg products using a farm-to- eliminating temperature abuse as Affected Public: Individuals or table approach. As part of the action required by FDA’s proposed and households; State or local governments. plan development process, FDA and Estimated Number of Respondents: USDA’s final rules; and to identify and FSIS will hold a public meeting on 53. develop new technologies to ensure August 26, 1999. Number of responses per respondent: safer shell eggs and egg products FDA and FSIS, in conjunction with 636. through research. FDA and FSIS have the Centers for Disease Control and Estimated Total annual responses: established public dockets to receive Prevention, the Agricultural Marketing 33,718. comments about the egg safety action Service, the Agricultural Research Hours per response: 3.0236. plan. Service, and the Animal Plant and Total annual reporting hours: DATES: The meeting will be held on Health Inspection Service, have already 100,254. Thursday, August 26, 1999, from 9 a.m. begun the process of developing an egg 44196 Federal Register / Vol. 64, No. 156 / Friday, August 13, 1999 / Notices safety action plan by participating in 1230, and all comments must include a California Federal State Office at 916– interagency sessions. The purpose of the docket number. Submit a disk with the 654–0743. GIPSA is asking persons August 26, 1999, public meeting is to written comments in WordPerfect 5.1/ interested in providing official services obtain stakeholder input on the draft 6.1 or ASCII file format. Submit written in the Los Angeles area to submit an goals, as well as on the development of comments in triplicate to: application for designation. the objectives and action items. The USDA/FSIS Hearing Clerk, 300 12th DATES: Applications must be meeting is intended to be a working St. SW., rm. 102 Cotton Annex, postmarked or sent by telecopier (FAX) meeting, with breakout sessions, in Washington, DC 20250–3700. on or before September 13, 1999. order to provide the stakeholders in FDA/Dockets Management Branch ADDRESSES: attendance the opportunity to offer (HFA–305), 5630 Fishers Lane, rm. Applications must be comments and suggestions. Therefore, 1061, Rockville, MD 20852. submitted to USDA, GIPSA, Janet M. the agenda will include brief Alternatively, comments may be Hart, Chief, Review Branch, Compliance informational presentations to provide: submitted electronically to Division, STOP 3604, Room 1647–S, (1) Background to individuals ‘‘[email protected]’’. Electronic 1400 Independence Avenue, SW, unfamiliar with the relevant issues, and comments must be submitted as an Washington, DC 20250–3604. (2) breakout sessions to facilitate public ASCII file avoiding the use of special Applications may be submitted by FAX participation. The breakout sessions characters and any form of encryption. on 202–690–2755. If an application is will be organized around the draft goals submitted by FAX, GIPSA reserves the III. Meeting Summaries and will include members of the right to request an original application. interagency planning workgroups to Summaries of the public meeting will All applications will be made available lead and facilitate discussions. be posted on the Internet at for public inspection at this address Discussion summaries will be available ‘‘www.foodsafety.gov’’. This website is located at 1400 Independence Avenue, within 30 days of the meeting. The draft a joint FDA, USDA, and Environmental SW., during regular business hours. goals for the egg safety action plan to be Protection Agency food safety home FOR FURTHER INFORMATION CONTACT: discussed at the meeting are as follows: page. It is linked to each agency for Janet M. Hart, at 202–720–8525. • Overarching Goal: To protect public persons seeking additional food safety SUPPLEMENTARY INFORMATION: This health by significantly reducing the information. Summaries of the public action has been reviewed and number of foodborne illnesses meeting may also be requested in determined not to be a rule or regulation associated with SE in shell eggs and egg writing from the Dockets Management as defined in Executive Order 12866 products through science-based and Branch (address above) approximately and Departmental Regulation 1512–1; coordinated regulation, inspection, 30 business days after the meeting at a therefore, the Executive Order and enforcement, research, and education cost of 10 cents per page. The Departmental Regulation do not apply programs. summaries of the public meeting will be to this action. • Goal 1: To promote the available for public examination at the Section 7(f)(1) of the United States implementation of existing Docket Management Branch between 9 Grain Standards Act, as amended (Act), technologies, to control and prevent, to a.m. and 4 p.m., Monday through authorizes the GIPSA Administrator to the extent possible, the presence of Friday. designate a qualified applicant to pathogens, particularly SE, in shell eggs Dated: August 10, 1999. provide official services in a specified and egg products, in order to reduce the Thomas J. Billy, area after determining that such incidence of foodborne illness; applicant is better able than any other • Goal 2: To examine alternative Administrator, Food Safety and Inspection Service, U.S. Department of Agriculture. applicant to provide such official regulatory inspection structures to better services. GIPSA designated Los Angeles, coordinate the government’s egg safety William K. Hubbard, Senior Associate Commissioner for Policy, main office located in Montebello, efforts from farm-to-table; California, to provide official inspection • Goal 3: To change, through Planning, and Legislation, Food and Drug services, under the Act on November 1, education, unsafe egg handling practices Administration. 1997. by producers, distributors, retailers, and [FR Doc. 99–21144 Filed 8–11–99; 1:11 pm] Section 7(g)(1) of the Act provides consumers, in part, by eliminating BILLING CODE 4160±01±F that designations of official agencies temperature abuse as required by FDA’s shall terminate not later than triennially proposed and USDA’s final rules; and • Goal 4: To identify and develop new DEPARTMENT OF AGRICULTURE and may be renewed according to the technologies to ensure safer shell eggs criteria and procedures prescribed in Grain Inspection, Packers and section 7(f) of the Act. The designation and egg products through research. Stockyards Administration Because the interagency workgroups of Los Angeles is scheduled to terminate will continue revising these goals and on October 31, 2000. However, Los Cancellation of Designation Issued to Angeles asked GIPSA to cancel its will begin developing objectives and Los Angeles Grain Inspection Service, action items in preparation for the designation August 27, 1999, due to a Inc., and Opportunity for Designation decline in requests for official services. August 26, 1999, meeting, the material in the Los Angeles Area distributed at the meeting may differ Any firms in the Los Angeles area that slightly from the information provided AGENCY: Grain Inspection, Packers and need official service after August 27, in this document. Stockyards Administration (GIPSA). 1999, should contact GIPSA’s California Federal State Office at 916–654–0743. ACTION: Notice. II. Public Dockets and Submission of Pursuant to section 7(f)(2) of the Act, Comments SUMMARY: Los Angeles Grain Inspection the following geographic area, in the The agencies have established public Service, Inc. (Los Angeles), asked GIPSA State of California, is assigned to Los dockets to which comments may be to cancel their designation August 27, Angeles. submitted. Comments should be 1999. Any firms in the Los Angeles area Bounded on the North by the Angeles directed either to FSIS, Docket No. 98– that need official service after August National Forest southern boundary from 045N2, or to FDA, Docket No. 98N– 27, 1999, should contact GIPSA’s State Route 2 east; the San Bernadino Federal Register / Vol. 64, No. 156 / Friday, August 13, 1999 / Notices 44197
National Forest southern boundary east to 34187) of proposed addition to the delete services previously furnished by State Route 79; Procurement List. After consideration of such agencies. Bounded on the East by State Route 79 the material presented to it concerning COMMENTS MUST BE RECEIVED ON OR south to State Route 74; capability of qualified nonprofit Bounded on the South by State Route 74 BEFORE: September 13, 1999. agencies to provide the service and west-southwest to Interstate 5; Interstate 5 ADDRESSES: Committee for Purchase impact of the addition on the current or northwest to Interstate 405; Interstate 405 From People Who Are Blind or Severely most recent contractors, the Committee northwest to State Route 55; State Route 55 Disabled, Crystal Gateway 3, Suite 310, has determined that the service listed northeast to Interstate 5; Interstate 5 1215 Jefferson Davis Highway, northwest to State Route 91; State Route 91 below is suitable for procurement by the Arlington, Virginia 22202–4302. west to State Route 11; and Federal Government under 41 U.S.C. Bounded on the West by State Route 11 46–48c and 41 CFR 51–2.4. I certify that FOR FURTHER INFORMATION CONTACT: north to U.S. Route 66; U.S. Route 66 west the following action will not have a Beverly Milkman (703) 603–7740. to Interstate 210; Interstate 210 northwest to significant impact on a substantial SUPPLEMENTARY INFORMATION: State Route 2; State Route 2 north to the This Angeles National Forest boundary. number of small entities. The major notice is published pursuant to 41 factors considered for this certification U.S.C. 47(a) (2) and 41 CFR 51–2.3. Its Interested persons are hereby given were: purpose is to provide interested persons the opportunity to apply for designation 1. The action will not result in any an opportunity to submit comments on to provide official services in the additional reporting, recordkeeping or the possible impact of the proposed geographic area specified above under other compliance requirements for small actions. the provisions of section 7(f) of the Act entities other than the small and section 800.196(d) of the organizations that will furnish the Additions regulations issued thereunder. service to the Government. If the Committee approves the Persons wishing to apply for 2. The action will not have a severe proposed additions, all entities of the designation should contact the economic impact on current contractors Federal Government (except as Compliance Division at the address for the service. otherwise indicated) will be required to listed above for forms and information. 3. The action will result in procure the commodities and services Applications and other available authorizing small entities to furnish the listed below from nonprofit agencies information will be considered in service to the Government. employing persons who are blind or determining which applicant will be 4. There are no known regulatory have other severe disabilities. I certify designated. alternatives which would accomplish that the following action will not have Authority: Pub. L. 94–582, 90 Stat. 2867, the objectives of the Javits-Wagner- a significant impact on a substantial as amended (7 U.S.C. 71 et seq.). O’Day Act (41 U.S.C. 46–48c) in number of small entities. The major Dated: August 9, 1999. connection with the service proposed factors considered for this certification Neil E. Porter, for addition to the Procurement List. were: Director, Compliance Division. Accordingly, the following service is 1. The action will not result in any [FR Doc. 99–21066 Filed 8–12–99; 8:45 am] hereby added to the Procurement List: additional reporting, recordkeeping or BILLING CODE 3410±EN±P Janitorial/Custodial other compliance requirements for small DLA Gadsden Depot, entities other than the small Gadsden, Alabama organizations that will furnish the COMMITTEE FOR PURCHASE FROM commodities and services to the This action does not affect current Government. PEOPLE WHO ARE BLIND OR contracts awarded prior to the effective 2. The action will result in SEVERELY DISABLED date of this addition or options that may authorizing small entities to furnish the be exercised under those contracts. Procurement List; Addition commodities and services to the G. John Heyer, Government. AGENCY: Committee for Purchase From General Counsel. 3. There are no known regulatory People Who Are Blind or Severely [FR Doc. 99–21041 Filed 8–12–99; 8:45 am] alternatives which would accomplish Disabled. BILLING CODE 6353±01±P the objectives of the Javits-Wagner- ACTION: Addition to the Procurement O’Day Act (41 U.S.C. 46–48c) in List. connection with the commodities and COMMITTEE FOR PURCHASE FROM SUMMARY: This action adds to the services proposed for addition to the PEOPLE WHO ARE BLIND OR Procurement List. Comments on this Procurement List a service to be SEVERELY DISABLED furnished by nonprofit agencies certification are invited. Commenters should identify the statement(s) employing persons who are blind or Procurement List; Proposed Additions underlying the certification on which have other severe disabilities. and Deletions they are providing additional EFFECTIVE DATE: September 13, 1999. AGENCY: Committee for Purchase From information. ADDRESSES: Committee for Purchase People Who Are Blind or Severely The following commodities and From People Who Are Blind or Severely Disabled. services have been proposed for Disabled, Crystal Gateway 3, Suite 310, ACTION: addition to Procurement List for 1215 Jefferson Davis Highway, Proposed additions to and deletions from procurement list production by the nonprofit agencies Arlington, Virginia 22202–4302. listed: FOR FURTHER INFORMATION CONTACT: SUMMARY: The Committee has received Beverly Milkman (703) 603–7740. proposals to add to the Procurement List Commodities SUPPLEMENTARY INFORMATION: On June commodities and services to be 3 Pack Nylon Scouring Pad 25, 1999, the Committee for Purchase furnished by nonprofit agencies M.R. 568 From People Who Are Blind or Severely employing persons who are blind or NPA: Beacon Lighthouse, Inc., Wichita Falls, Disabled published notice (64 F.R. have other severe disabilities, and to Texas 44198 Federal Register / Vol. 64, No. 156 / Friday, August 13, 1999 / Notices
‘‘Welcome Aboard’’ Baby Gift Bag 851 Sicard Street, SE DEPARTMENT OF COMMERCE M.R. 19525 Washington, DC NPA: Winston-Salem Industries for the NPA: Fairfax Opportunities Unlimited, Inc. Foreign-Trade Zones Board Blind, Winston-Salem, North Carolina Alexandria, Virginia Tape, Measuring Management and Operation of Depot Safety [Docket 39±99] Store 5210–01–139–7444 NPA: Charleston Vocational Rehabilitation Corpus Christi Army Depot, Corpus Christi, Foreign-Trade Zone 106ÐOklahoma Center, Charleston Heights, South Texas City, Oklahoma; Application for Carolina NPA: South Texas Lighthouse for the Blind, Foreign-Trade Subzone Status Xerox Corpus Christi, Texas Corporation (Photocopier and Printer Services Deletion Toner and Cartridges); Oklahoma City, Administrative Services I certify that the following action will Oklahoma Office of the U.S. Trade Representative, 1724 not have a significant impact on a F Street, NW., and 600 17th Street, NW., substantial number of small entities. An application has been submitted to Washington, DC The major factors considered for this the Foreign-Trade Zones Board (the NPA: Fairfax Opportunities Unlimited, Inc., Board) by the Port Authority of the Alexandria, Virginia certification were: 1. The action will not result in any Greater Oklahoma City Area, grantee of Food Service additional reporting, recordkeeping or FTZ 106, requesting special-purpose Marine Corps Base, Mess Halls 31611, other compliance requirements for small subzone status for the photocopier and 210702, 53502, 62502 and 22186, Camp entities. printer toner and cartridge Pendleton, California. 2. The action will result in manufacturing facilities of Xerox NPA: Job Options, Inc., San Diego, California authorizing small entities to furnish the # Corporation (Xerox), located in Marine Corps, Mess Halls 1620 and 569, San services to the Government. Oklahoma City, Oklahoma. The Diego, California, 3. There are no known regulatory application was submitted pursuant to NPA: Association for Retarded Citizens—San alternatives which would accomplish Diego, San Diego, California the Foreign-Trade Zones Act, as Marine Corps Barracks, the objectives of the Javits-Wagner- amended (19 U.S.C. 81a–81u), and the 8th & I Streets, O’Day Act (41 U.S.C. 46–48c) in regulations of the Board (15 CFR part Washington, DC connection with the services proposed 400). It was formally filed on August 4, NPA: Fairfax Opportunities Unlimited, Inc., for deletion from the Procurement List. 1999. Alexandria, Virginia The following services have been Marine Corps proposed for deletion from the The Xerox facility (443,000 mfg. sq. ft. Mess Hall #MCA 602, Norfolk, Virginia Procurement List: on 123 acres) is located at 100 North NPA: Louise W. Eggleston Center, Inc., Mustang Road and Route I–40, Norfolk, Virginia Administrative Services Oklahoma City (Canadian County), Social Security Administration Mail and Messenger Service Oklahoma. The facility (400 employees) Oxmoor South Industrial Park produces bulk and packaged toner and Headquarters, Naval Facilities Engineering Birmingham, Alabama Command, Naval Facilities Engineering Janitorial/Custodial toner cartridges for photocopiers and Command (NAVFACENGCOM) printers. The plant also produces 1322 Patterson Avenue, SE., Washington, DC U.S. Federal Building, Courthouse and Post photoreceptors, developers and binder NPA: Fairfax Opportunities Unlimited, Inc., Office tape for photocopiers, but is not Alexandria, Virginia Moscow, Idaho requesting to produce them under zone Naval Engineering Field Activity G. John Heyer, Chesapeake, procedures at this time. Foreign-sourced General Counsel. Atlantic Division, Washington Navy Yard, materials will account for, on average, Naval Facilities Engineering Command [FR Doc. 99–21042 Filed 8–12–99; 8:45 am] 14 percent of product value, and (NAVFACENGCOM) BILLING CODE 6353±01±P include the items listed below:
Duty rate Material HTSUS category HTSUS No. (percent)
SMT5103 ...... Pigment preparations ...... 3206.11.0000 6.0 NA50 SH Additive ...... Other silicon dioxide ...... 2811.22.5000 (1) T77W ...... Polypropylene polymers ...... 3902.10.0000 10.10 Bontron P±51 ...... Quaternary ammonium, other ...... 2923.90.0000 6.2 Wax 660P ...... Styrene polymers ...... 3902.10.0000 7.0 P200 Wax ...... Polypropylene polymers ...... 3902.10.0000 10.10 800P Wax ...... Polyethylene, GRV ≥ .94 ...... 3901.20.0000 10.10 T102STT127 ...... Titanium oxides ...... 2823.00.0000 5.6 TRH±SD CCA ...... Polypropylene polymers ...... 3902.10.0000 10.10 CEO2 Additive ...... Cerium compounds ...... 2846.10.0000 5.8 Various bulk toners, XP303 Resin, XP767, Resapol Chemical preps for Photographic uses ...... 3707.90.3290 6.5 HT. 1 Free. The final products are listed below:
Duty rate Product HTSUS No. (percent)
Copier and Printer Bulk Toner ...... 3707.90.3290 6.5 Copier and Printer Toner Resin ...... 3707.90.3290 6.5 Federal Register / Vol. 64, No. 156 / Friday, August 13, 1999 / Notices 44199
Duty rate Product HTSUS No. (percent)
Copier Toner Cartridges ...... 9009.90.7090 (1) Printer Toner Cartridges ...... 8473.30.9000 (1) 1 Free.
Zone procedures would exempt Xerox DEPARTMENT OF COMMERCE DEPARTMENT OF DEFENSE from Customs duty payments on foreign components used in export production International Trade Administration Corps of Engineers; Department of the (some 5–25% of production). On its Army domestic sales, Xerox would be able to [A±122±833] Intent To Prepare an Environmental choose the lower duty rate (duty free or Impact Statement (EIS) on Interim 6.5%) that applies to the finished Antidumping Investigation on Live Cattle from Canada: Notice of Operations of the Central and products for the foreign components Southern Florida (C&SF) Project To Extension of Deadline for Submission noted above (duty free-10.1%, with a Project the Cape Sable Seaside of Briefs and Hearing weighted average duty rate of 7.8%). Sparrow (Sparrow) Until the Modified FTZ procedures will also help Xerox Water Deliveries to Everglades AGENCY: Import Administration, implement a more cost-effective system National Park (Mod Waters) Project Is International Trade Administration, for handling Customs requirements Fully Constructed (including weekly entry filings, reduced Department of Commerce. AGENCY: U.S. Army Corps of Engineers, brokerage fees and Customs ACTION: Extension of deadline for DoD. merchandise processing fees). The submission of briefs and of hearing date. application indicates that the savings ACTION: Notice of intent. from zone procedures would help EFFECTIVE DATE: August 13, 1999. SUMMARY: The congressionally improve the plant’s international authorized Mod Waters project consists competitiveness. FOR FURTHER INFORMATION CONTACT: Gabriel Adler or Kris Campbell, AD/ of structural modifications and In accordance with the Board’s CVD Enforcement, Group II, Office 5, additions to the existing C&SF Project required to improve water deliveries for regulations, a member of the FTZ Staff Import Administration, International ecosystem restoration of Everglades has been designated examiner to Trade Administration, U.S. Department National Park (ENP) without adverse investigate the application and report to of Commerce, 14th Street and the Board. impacts on adjacent private property. Constitution Avenue, NW, Washington, The current water management Public comment on the application is D.C. 20230; telephone (202) 482–1442 or operational plan Test 7 of the invited from interested parties. (202) 482–3813, respectively. Experimental Water Deliveries Program Submissions (original and three copies) Extension of Time for the C&SF Project was developed in shall be addressed to the Board’s 1995 to allow experimentation and Executive Secretary at the address On July 19, 1999, the Department improvement of water delivery during below. The closing period for their postponed, until October 4, 1999, the the long construction phase of the Mod receipt is October 12, 1999. Rebuttal deadline for the final determination in Waters Project. In February 1999, the comments in response to material the antidumping investigation of live U.S. Fish and Wildlife Service (FWS) submitted during the foregoing period cattle from Canada. See Notice of issued a Biological Opinion under may be submitted during the subsequent Postponement of Final Antidumping provisions of the Endangered Species 15-day period to October 27, 1999. Determination: Live Cattle from Canada, Act that concluded that the Test 7 A copy of the application and the 64 FR 40351 (July 26, 1999). As a result jeopardized the continued existence of accompanying exhibits will be available of this postponement, the Department is the sparrow. They further concluded for public inspection at each of the extending the deadline for the that ultimate protection for the species following locations: submission of briefs. Case briefs are now would be achieved by completing due by August 13, 1999, and rebuttal construction of the Mod Waters Project Office of the Executive Secretary, as quickly as possible. In the interim, briefs are due by August 20, 1999. In Foreign-Trade Zones Board, U.S. they recommend that certain hydrologic addition, the hearing date is anticipated Department of Commerce, Room conditions be maintained in the to change. For more information 3716, 14th and Pennsylvania Avenue, sparrow’s breeding habitat to avoid N.W., Washington, D.C. 20230 regarding the hearing date, contact the jeopardizing the species. In response, parties stated above. U.S. Department of Commerce, Export the corps will develop an Interim Dated: August 4, 1999. Operational Plan (IOP) for the C&SF Assistance Center, 301 Northwest Bernard Carreau, 63rd Street, Suite 330, Oklahoma City, Project to meet the FWS’s guidelines. Deputy Assistant Secretary, AD/CVD Oklahoma 73116 FOR FURTHER INFORMATION CONTACT: U.S. Enforcement Group II. Army Corps of Engineers, P.O. Box Dated: August 4, 1999. [FR Doc. 99–21067 Filed 8–12–99; 8:45 am] 4970, Jacksonville, Florida 32232; Attn: Dennis Puccinelli, BILLING CODE 3510±DS±P Mr. Elmar Kurzbach, 904/232–2325. Acting Executive Secretary. SUPPLEMENTARY INFORMATION: . [FR Doc. 99–21018 Filed 8–12–99; 8:45 am] 1. The proposed action will consist of BILLING CODE 3510±DS±P water management operations of exist- ing structural components of the C&SF Project to avoid flooding the sparrow 44200 Federal Register / Vol. 64, No. 156 / Friday, August 13, 1999 / Notices breeding habitats during the breeding EIS–0250D). The Department has 0307, Telephone 1–800–967–3477, season and to rehydrate breeding prepared this Draft EIS in accordance Facsimile 1–800–967–0739. habitats during the annual wet season in with the Nuclear Waste Policy Act of General information on the DOE order to prevent and reverse degradation 1982, as amended (NWPA), the National NEPA process may be requested from: from invasion of exotic vegetation and Environmental Policy Act of 1969 Ms. Carol M. Borgstrom, Director, Office unnaturally high fire frequencies. (NEPA), the Council on Environmental of NEPA Policy and Assistance (EH–42), 2. Alternatives to be discussed Quality (CEQ) regulations that U.S. Department of Energy, 1000 involve spartial variations in conveying implement the procedural provisions of Independence Ave., SW, Washington, water through the C&SF Project, NEPA (40 CFR Parts 1500–1508), and DC 20585, Telephone 1–202–586–4600, tradeoffs in adverse effects on natural the DOE procedures implementing or leave a message at 1–800–472–2756. and manmade features of the NEPA (10 CFR Part 1021). The Draft EIS SUPPLEMENTARY INFORMATION: environment, and degrees of provides information on potential Background infringement on private property rights environmental impacts that could result these alternatives would cause. from a Proposed Action to construct, On August 7, 1995, the Department 3. A Scoping letter and public operate and monitor, and eventually published a Notice of Intent (60 FR Scoping Meeting will be used to invite close a repository for the disposal of 40164) to prepare an Environmental comments on alternatives and issues spent nuclear fuel and high-level Impact Statement for a Geologic from Federal, State, and local agencies, radioactive waste at Yucca Mountain in Repository for the Disposal of Spent affected Indian tribes, and other Nevada. The Draft EIS also considers the Nuclear Fuel and High-Level interested private organizations and potential environmental impacts from Radioactive Waste at Yucca Mountain, individuals. an alternative referred to as the No- Nye County, Nevada. The purpose of the 4. The Draft EIS will analyze issues Action Alternative, under which a Notice of Intent was to inform the related to flooding of private property, repository would not be developed at public of the proposed scope of the water quality degradation, endangered Yucca Mountain. The locations of the Repository EIS, to solicit public input, species protection, urban development public hearings to receive comments on and to announce that scoping meetings impacts, agricultural flood protection, the Draft EIS are listed below. would be held from August through October 1995. During that period, 15 and Everglades National Park ecosystem DATES: Comments on the Draft EIS will public scoping meetings were held restoration. be accepted during a 180-day public throughout the United States to obtain 5. The alternative plans will be comment period, which ends on public comments regarding the scope, reviewed under provisions of February 9, 2000. DOE will consider alternatives, and issues that should be appropriate laws and regulations, comments received after February 9, including the Endangered Species Act, addressed in the EIS. The scoping 2000, to the extent practicable. DOE will period closed on December 5, 1995. Due Fish and Wildlife Coordination Act, conduct public hearings on the Draft EIS Clean Water Act, and Farmland to subsequent budget reductions, EIS and will announce the dates in the activities were deferred until Fiscal Year Protection Act. Federal Register in the near future. 6. A scoping meeting will be held in 1997. In May 1997, DOE published Homestead, Florida at the Miami-Dade ADDRESSES: Written comments, requests Summary of Public Scoping Comments County Extension Office. The date and for further information on the Draft EIS Related to the Environmental Impact time will be announced in the Scoping or the public hearings, and requests for Statement for a Geologic Repository for letter. copies of the document (or a CD–ROM the Disposal of Spent Nuclear Fuel and 7. The Draft EIS is expected to be version) should be directed to: Ms. High-level Radioactive Waste at Yucca available for public review in the 2nd Wendy R. Dixon, EIS Project Manager, Mountain, Nye County, Nevada, which quarter CY 2000. M/S 010, U.S. Department of Energy, summarized the comments received by Gregory D. Showalter, Office of Civilian Radioactive Waste DOE during the scoping process and Management, Yucca Mountain Site Army Federal Register Liaison Officer. described how DOE planned at that time Characterization Office, P.O. Box 30307, to address issues raised during scoping. [FR Doc. 99–21057 Filed 8–12–99; 8:45 am] North Las Vegas, Nevada 89036–0307, A Notice of Availability for the BILLING CODE 3710±AS±M Telephone 1–800–967–3477, Facsimile Summary of Public Scoping Comments 1–800–967–0739. document was published on July 9, Written comments transmitted by 1997 (62 FR 36789). DEPARTMENT OF ENERGY facsimile should include the following identifier: ‘‘Yucca Mountain Draft EIS.’’ Alternatives Considered Draft Environmental Impact Statement Addresses of the locations where the The Draft EIS evaluates a Proposed for a Geologic Repository for the Draft EIS will be available for public Action and a No-Action Alternative. Disposal of Spent Nuclear Fuel and review are listed in this Notice under Under the Proposed Action, DOE would High-Level Radioactive Waste at Yucca ‘‘Availability of the Draft EIS.’’ construct, operate and monitor, and Mountain, Nye County, NV Written comments or requests for eventually close a geologic repository at AGENCY: Office of Civilian Radioactive copies of the document may also be Yucca Mountain for the disposal of as Waste Management, Department of submitted over the Internet via the much as 70,000 metric tons of heavy Energy. Yucca Mountain Project website at metal (MTHM) of spent nuclear fuel and http://www.ymp.gov, under the listing ACTION: Notice of availability. high-level radioactive waste. The ‘‘Environmental Impact Statement.’’ Proposed Action includes the SUMMARY: The Department of Energy FOR FURTHER INFORMATION CONTACT: transportation of spent nuclear fuel and (DOE) announces the availability of the Ms. Wendy R. Dixon, EIS Project high-level radioactive waste to Yucca Draft Environmental Impact Statement Manager, M/S 010, U.S. Department of Mountain from commercial and DOE for a Geologic Repository for the Energy, Office of Civilian Radioactive sites. Under the No-Action Alternative, Disposal of Spent Nuclear Fuel and Waste Management, Yucca Mountain DOE would end site characterization High-Level Radioactive Waste at Yucca Site Characterization Office, P.O. Box activities at Yucca Mountain, and Mountain, Nye County, Nevada (DOE/ 30307, North Las Vegas, Nevada 89036– commercial and DOE sites would Federal Register / Vol. 64, No. 156 / Friday, August 13, 1999 / Notices 44201 continue to store spent nuclear fuel and effective institutional control for at least Nevada; University of Nevada—Reno, high-level radioactive waste, packaged 10,000 years. Scenario 2 also assumes Nevada; Beatty Yucca Mountain Science as necessary for their safe on-site spent nuclear fuel and high-level Center, Nevada; and the DOE management. radioactive waste would remain at the Headquarters Office in Washington, DC. DOE developed implementing 77 sites, but under effective institutional Addresses of these Public Reading alternatives and analytical scenarios for control for only about 100 years. Rooms and of other Public Reading estimating in the Draft EIS the Rooms and libraries where the Draft EIS reasonably foreseeable environmental Public Hearings and Invitation To Comment is available for public review are listed impacts that could result from the below. Proposed Action. For example, DOE The public is invited to provide oral evaluated three thermal load scenarios, and written comments on the Public Reading Rooms which correspond to a relatively high Repository Draft EIS during the public Inyo County—Contact: Andrew Remus; emplacement density of spent nuclear comment period that ends on February (760) 878–0447; Inyo County Yucca fuel and high-level radioactive waste 9, 2000. DOE will consider comments Mountain Repository Assessment (high thermal load—85 MTHM per received during the comment period in Office; 168 North Edwards Street; Post acre), a relatively low emplacement preparation of the Final EIS. Comments Office Drawer L; Independence, CA density (low thermal load—25 MTHM received after February 9, 2000, will be 93526 per acre), and an intermediate case—60 considered to the extent practicable. Oakland Operations Office—Contact: MTHM per acre. DOE recognizes, The Department will hold 16 public Annette Ross; (510) 637–1762; U. S. however, that if the site is eventually hearings (each following the same Department of Energy Public Reading approved for development of a format in either the mid-morning or Room; EIC; 1301 Clay Street, Room repository, the designs of repository afternoon and evening) to receive oral 700N; Oakland, CA 94612–5208 surface and subsurface facilities, and and written comments from members of National Renewable Energy plans for the construction, operation the public. The public hearings are Laboratory—Contact: Sarah Manion; and monitoring, and closure of the currently planned to be held in the (303) 275–4709; Public Reading repository would continue to evolve and following Nevada locations: Pahrump, Room; 1617 Cole Boulevard; Golden, would depend on the outcome of the Goldfield, Caliente, Las Vegas, Reno, CO 80401 Austin, Crescent Valley, Amargosa Nuclear Regulatory Commission’s Rocky Flats Public Reading Room— Valley and Ely. Other hearing locations licensing review of the repository. Contact: Ann Smith; (303) 469–4435; will include Washington, DC; Atlanta, Two national transportation scenarios College Hill Library; 3705 112th are evaluated in the Draft EIS. The Georgia; Denver, Colorado; Boise, Idaho; Avenue B121; Westminster, CO 80030 mostly legal-weight truck 1 scenario Salt Lake City, Utah; St. Louis, Missouri; Headquarters Office—Contact: Carolyn assumes that most spent nuclear fuel and Lone Pine, California. DOE will Lawson; (202) 586–3142; U.S. and high-level radioactive waste would publish the dates, times, and specific Department of Energy; Room 1E–190, be shipped to the repository by legal- locations in the Federal Register, and Forrestal Building; 1000 weight truck over existing highways, will notify all recipients of the Draft EIS Independence Avenue, SW; with a few exceptions. The mostly rail and the media in writing as soon as this Washington, DC 20585 scenario assumes that most spent information is available. In addition, Atlanta Support Office—Contact: Nancy nuclear fuel and high-level radioactive this information will be available on the Mays/Laura Nicholas; (404) 347–2420; waste would be shipped to Nevada by Yucca Mountain website at http:// Department of Energy; Public Reading rail, with a few exceptions (based www.ymp.gov and on the toll-free Room; 730 Peachtree Street, Suite largely on the on-site loading limitations information line at 1–800–967–3477. at some commercial sites). The Nevada Each of the public hearings will 876; Atlanta, GA 30308–1212 transportation implementing include a brief session in which an Southeastern Power Administration— alternatives parallel the national overview of the Draft EIS will be Contact: Joel W. Seymour/Carol M. transportation scenarios; however, presented, a general question-and- Franklin; (706) 213–3800/(706) 213– because no rail access currently exists to answer session, and an opportunity to 3813; U.S. Department of Energy; the repository site, the EIS considers provide comments for the record. Reading Room; Samuel Elbert different implementing alternatives for Members of the public who plan to Building; 2 South Public Square; the construction of either a new branch present oral comments are asked to Elberton, GA 30635–2496 rail line to the proposed repository, or register in advance by calling 1–800– Boise State University Library—Contact: an intermodal transfer station 2 with 967–3477. Adrien Taylor; (208) 385–1621; associated highway improvements for Government Documents; 1910 heavy-haul trucks.3 Availability of the Draft EIS University Drive; P.O. Box 46; Boise, The No-Action Alternative considers Copies of the Draft EIS are being ID 83707–0046 two scenarios. Scenario 1 assumes that distributed to Federal, State, Indian Idaho Operations Office—Contact: Brent spent nuclear fuel and high-level tribal, and local officials, agencies, and Jacobson/Gail Willmore; (208) 526– radioactive waste would remain at the organizations and individuals who have 1144; Public Reading Room; 1776 72 commercial and 5 DOE sites under indicated an interest in the EIS process. Science Center Drive; Idaho Falls, ID Copies of the document may also be 83402 1 Truck with a gross vehicle weight (both truck requested by telephone (1–800-967– Chicago Operations Office—Contact: and cargo) of less than 80,000 pounds. 3477) or over the Internet via the Yucca John Shuler; (312) 996–2738; 2 An intermodal transfer station is a facility at the Document Department; University of juncture of rail and road transportation used to Mountain Project website at http:// transfer shipping casks containing spent nuclear www.ymp.gov, under the listing Illinois at Chicago; 801 South Morgan fuel and high-level radioactive waste from rail to ‘‘Environmental Impact Statement.’’ Street; Chicago, IL 60607 truck and empty casks from truck to rail. Copies of references considered in Strategic Petroleum Reserve Project 3 Shipment of a rail cask (weighing up to 300,000 preparation of the Draft EIS are available Management Office—Contact: Deanna pounds) on a special truck and trailer combination that would have a total weight of approximately at the following Public Reading Rooms: Harvey; (504) 734–4316; U.S. 500,000 pounds. University of Nevada—Las Vegas, Department of Energy; SPRPMO/SEB 44202 Federal Register / Vol. 64, No. 156 / Friday, August 13, 1999 / Notices
Reading Room; 850 Commerce Road, Albuquerque Operations Office— 101L; PO Box 999; Mailstop H2–53; East; New Orleans, LA 70123 Contact: Shawna Schwartz; (702) 845– Richland, WA 99352 Lander County—Contact: Tammy 4939; U.S. DOE Contract Reading Issued in Washington, DC, August 5, 1999. Manzini; (775) 964–2447; 610 Main Room; Kirtland Air Force Base; Street; (P.O. Box 10); Austin, NV Pennsylvania and H Street; Building Lake Barrett, 89310 388; Albuquerque, NM 87116 Acting Director, Office of Civilian Radioactive Beatty Yucca Mountain Science Fernald Area Office—Contact: Gary Waste Management. Center—Contact: Marina Anderson; Stegner; (513) 648–7480; U.S. [FR Doc. 99–20661 Filed 8–12–99; 8:45 am] (775) 553–2130; 100 North E Avenue; Department of Energy; Public BILLING CODE 6450±01±P Beatty, NV 89003 Information Room; 7400 Willey Road; Lincoln County—Contact: Eve Cincinnati, OH 45239 Culverwell; (775) 726–3511; Box 1068 Bartlesville Project Office/National DEPARTMENT OF ENERGY 100 Depot Avenue; Caliente, NV Institute for Petroleum and Energy 89008 Research—Contact: Josh Stroman; Federal Energy Regulatory Nevada State Clearinghouse—Contact: (918) 337–4371; BPO/NIPER Library; Commission Heather Elliot; (775) 684–0209; U.S. Department of Energy; 220 Department of Administration; 209 Virginia Avenue; Bartlesville, OK [Docket No. ER99±3912±000, ER99±3913± Musser Street, Room 200; Carson City, 74003 000, and ER99±3842±000] NV 89701 Southwestern Power Administration— White Pine County—Contact: Debra Contact: Pam Bland; (918) 595–6624; AG-Energy, L.P.; Seneca Power Kolkman; (775) 289–2033; 959 U.S. Department of Energy; Public Partners, L.P.; Sterling Power Partners, Campton Street; Ely, NV 89301 Reading Room; 1 West 3rd, Suite L.P.; Power City Partners, L.P.; Deseret Eureka County—Contact: Leonard 1600; Tulsa, OK 74101 Generation & Transmission Co- Fiorenzi; (775) 237–5372; Courthouse Bonneville Power Administration— operative; Southern Company Annex; (P.O. Box 714); Eureka, NV Contact: Jean Pennington; (503) 230– Services, Inc. 89316 7334; U.S. Department of Energy; Churchill County—Contact: Alan Kalt; BPA–C–ACS–1; 905 NE 11th Street; August 9, 1999. (775) 423–5136; 190 West First Street; Portland, OR 97208 Fallon, NV 89046–2478 Take notice that on July 30, 1999, the Pittsburgh Energy Technology Center— Esmeralda County—Contact: Tony Cain; above-mentioned power marketers filed Contact: Ann C. Dunlap; (412) 892– (775) 485–3419; Repository Oversight quarterly reports with the Commission 6167; U.S. Department of Energy; Program; Elliot Street between in above-referenced proceedings for Building 922/M210; Cochrans Mill Franklin and Euclid; P.O. Box 490; information only. These filings are Goldfield, NV 89013 Road; Pittsburgh, PA 15236–0940 available for public inspection and Mineral County—Contact: Savannah River Operations Office— copying in the Public Reference Room Commissioner Jackie Wells; (775) Contact: David Darugh; (803) 725– or on the web at www.ferc.fed.us/ 2497; Gregg-Graniteville Library; 945–2484; First & A Streets; (P.O. Box online/rims.htm for viewing and University of South Carolina—Aiken; 1600); Hawthorne, NV 89415 downloading (call 202–208–2222 for 171 University Parkway; Aiken, SC Clark County—Contact: Dennis Bechtel; assistance). (702) 455–5175; 500 South Grand 29801 Central Parkway #3012; (P.O. Box University of South Carolina—Contact: Any person desiring to be heard or to 551751); Las Vegas, NV 89155–1751 Lester Duncan; (803) 777–4841; protest such filing should file a motion Las Vegas, Nevada—Contact: Reference Thomas Cooper Library; Documents/ to intervene or protest with the Federal Desk; (702) 895–3409; University of Microforms Department; Green and Energy Regulatory Commission, 888 Nevada Las Vegas; James R. Dickinson Sumter Streets; Columbia, SC 29208 First Street, N.E., Washington, D.C. Library; Government Publications; Oak Ridge Operations Office—Contact: 20426, in accordance with Rules 211 4505 Maryland Parkway; Las Vegas, Amy Rothrock/Teresa Brown; (423) and 214 of the Commission’s Rules of NV 89154–7013 576-1216/(423) 241–4780; U.S. Practice and Procedure (18 CFR 385.211 Las Vegas Yucca Mountain Science Department of Energy; Public Reading and 385.214). All such motions and Center—Contact: Terri Brown; (702) Room; P.O. Box 2001; American protests should be filed on or before 295–1312; 4101–B Meadows Lane; Museum of Science and Energy; 300 August 19, 1999. Protests will be Las Vegas, NV 89107 S. Tulane Avenue; Oak Ridge, TN considered by the Commission to Nye County—Contact: Les Bradshaw; 37831 determine the appropriate action to be (775) 727–7727; c/o Department of Southern Methodist University— taken, but will not serve to make Natural Resources and Federal Contact: Stephen Short; (214) 768– protestants parties to the proceedings. Facilities; 1210 E. Basin Avenue; 2561; Central Union Libraries Any person wishing to become a party Pahrump, NV 89048 Fondren Library; Government must file a motion to intervene. Copies Pahrump Yucca Mountain Science Information; Airline and McFarland of this filing are on file with the Center—Contact: Gordon Froman; Streets; Dallas, TX 75275–0135 Commission and are available for public (775) 727–0896; 1141 South Highway University of Utah—Contact: Walter inspection. This filing may also be 160; Pahrump NV, 89041 Jones; (801) 581–8863; Marriott viewed on the Internet at http:// Reno, Nevada—Contact: Kathie Library Special Collections; 295 South www.ferc.fed.us/online/rims.htm (call Brinkerhoff; (775) 784–6500, x-258; 15th East; Salt Lake City, UT 84112– 202–208–2222 for assistance). University of Nevada, Reno; The 0860 University of Nevada Libraries; Richland Operations Center—Contact: Linwood A. Watson, Jr., Business and Government Terri Traub; (509) 372–7443; U.S. Acting Secretary. Information Center M/S 322; 1664 N. Department of Energy; Public Reading [FR Doc. 99–20983 Filed 6–12–99; 8:45 am] Virginia Street; Reno, NV 89557–0044 Room; 2770 University Drive; Room BILLING CODE 6717±01±M Federal Register / Vol. 64, No. 156 / Friday, August 13, 1999 / Notices 44203
DEPARTMENT OF ENERGY DEPARTMENT OF ENERGY DEPARTMENT OF ENERGY
Federal Energy Regulatory Federal Energy Regulatory Federal Energy Regulatory Commission Commission Commission
[Docket Nos. ER99±890±003, ER99±891± [Docket Nos. ER99±852±003, ER99±3893± 003, ER99±892±003, ER99±893±003, ER99± [Docket Nos. ER99±3895±000, ER99±3896± 000, ER99±3894±000, ER99±3902±000, 894±003, ER99±3878±000, ER99±3861±000, 000, ER99±3897±000, ER99±3898±000, ER99±3903±000, ER99±3904±000, ER99± ER99±3862±000, ER99±3864±000, and ER99±3899±000, ER99±3900±000, ER99± 3905±000, ER99±3906±000, ER99±3907±000, ER99±3883±000] 3910±000, ER99±3921±000] and ER99±3908±000]
CP Power Sales Fifteen, L.L.C., CP Duke Energy Moss Landing, LLC, Duke Edison Mission Marketing & Trading, Power Sales Fourteen, L.L.C., CP Energy Moss Landing, LLC, Duke Inc., Duke Energy Oakland, LLC, Duke Power Sales Thirteen, L.L.C., CP Power Energy South Bay, LLC, Duke Energy Energy Oakland, L.L.C., AmerGen Sales Twelve, L.L.C., CP Power Sales South Bay, LLC, Duke Energy Morro Energy Company, L.L.C., The Detroit Eleven, L.L.C., Cincinnati Gas & Bay, LLC, Duke Energy Morro Bay, Edison Company, Mountainview Power Electric Company and PSI Energy, Inc., LLC, Commonwealth Electric Company, Riverside Canal Power ISO New England Inc., Penobscot Company, Allegheny Energy; Notice of Company, Southern Energy Canal, Hydro, L.L.C., Oklahoma Gas and Filings L.L.C., Southern Energy Kendall, Electric Co., and Sunlaw Energy L.L.C., and Southern Energy New Partners I, L.P.; Notice of Filings August 9, 1999. England, L.L.C.; Notice of Filings
August 9, 1999. Take notice that on July 30, 1999, the August 9, 1999. Take notice that on July 30, 1999, the above-mentioned power marketers filed Take notice that on July 30, 1999, the above-mentioned power marketers filed quarterly reports with the Commission above-mentioned power marketers filed quarterly reports with the Commission in above-referenced proceedings for quarterly reports with the Commission in above-referenced proceedings for information only. These filing are in above-referenced proceedings for information only. These filings are available for public inspection and information only. These filing are available for public inspection and copying in the Public Reference Room available for public inspection and copying in the Public Reference Room or on the web at www.ferc.fed.us/ copying in the Public Reference Room or on the web at www.ferc.fed.us/ online/rims.htm for viewing and or on the web at www.ferc.fed.us/ online/rims.htm for viewing and download (call 202–208–2222 for online/rims.htm for viewing and downloading (call 202–208–2222 for assistance). downloading (call 202–208–2222 for assistance). Any person desiring to be heard or to assistance). Any person desiring to be heard or to protest such filing should file a motion Any person desiring to be heard or to protest such filing should file a motion to intervene or protest with the Federal protest such filing should file a motion to intervene or protest with the Federal Energy Regulatory Commission, 888 to intervene or protest with the Federal Energy Regulatory Commission, 888 First Street, N.E., Washington, D.C. Energy Regulatory Commission, 888 First Street, N.E., Washington, D.C. 20426, in accordance with Rules 211 First Street, N.E., Washington, D.C. 20426, in accordance with Rules 211 and 214 of the Commission’s Rules of 20426, in accordance with Rules 211 and 214 of the Commission’s Rules of and 214 of the Commission’s Rules of Practice and Procedure (18 CFR 385.211 Practice and Procedure (18 CFR 385.211 Practice and Procedure (18 CFR 385.211 and 385.214). All such motions and and 385.214). All such motions and and 385.214). All such motions and protests should be filed on or before protests should be filed on or before protests should be filed on or before August 19, 1999. Protests will be August 19, 1999. Protests will be August 19, 1999. Protests will be considered by the Commission to considered by the Commission to considered by the Commission to determine the appropriate action to be determine the appropriate action to be determine the appropriate action to be taken, but will not serve to make taken, but will not serve to make taken, but will not serve to make protestants parties to the proceedings. protestants parties to the proceedings. protestants parties to the proceedings. Any person wishing to become a party Any person wishing to become a party Any person wishing to become a party must file a motion to intervene. Copies must file a motion to intervene. Copies must file a motion to intervene. Copies of this filing are on file with the of this filing are on file with the of this filing are on file with the Commission and are available for public Commission and are available for public Commission and are available for public inspection. This filing may also be inspection. This filing may also be inspection. This filing may also be viewed on the Internet at http:// viewed on the Internet at http:// viewed on the Internet at http:// www.ferc.fed.us/online/rims.htm (call www.ferc.fed.us/online/rims.htm (call www.ferc.fed.us/online/rims.htm (call 202–208–2222 for assistance). 202–208–2222 for assistance). 202–208–2222 for assistance). Linwood A. Watson, Jr., Linwood A. Watson, Jr., Linwood A. Watson, Jr, Acting Secretary. Acting Secretary. Acting Secretary. [FR Doc. 99–20978 Filed 8–12–99; 8:45 am] [FR Doc. 99–20982 Filed 8–12–99; 8:45 am] [FR Doc. 99–20977 Filed 8–12–99; 8:45 am] BILLING CODE 6717±01±M BILLING CODE 6717±01±M BILLING CODE 6717±01±M 44204 Federal Register / Vol. 64, No. 156 / Friday, August 13, 1999 / Notices
DEPARTMENT OF ENERGY DEPARTMENT OF ENERGY DEPARTMENT OF ENERGY
Federal Energy Regulatory Federal Energy Regulatory Federal Energy Regulatory Commission Commission Commission
[Docket No. ER99±3839±000; ER99±3840± [Docket No. RP99±363±001] [Docket Nos. ER98±3566±003, ER99±3923± 000; ER99±3841±000; ER99±3843±000; 000, ER99±3924±000, ER99±3925±000, ER99±3844±000; ER99±3846±000; ER99± Equitrans, L.P.; Notice of Proposed ER99±3926±000, ER99±3927±000] 3847±000; ER99±3848±000; and ER99± Changes in FERC Gas Tariff 3860±000] FPL Energy Power Marketing, Inc., FPL August 9, 1999. Energy Maine Hydro, Inc., FPL Energy Logan Generating Company, L.P., Take notice that on July 29, 1999, Mason, LLC, FPL Energy Wyman, LLC, Millennium Power Partners, L.P., Equitrans, L.P. (Equitrans), tendered for FPL Energy Wyman IV, LLC, and FPL CinCap VI, LLC, Consumers Energy filing as part of its FERC Gas Tariff, Energy AVEC, LLC; Notice of Filings Company, Northern States Power Original Volume No. 1, the following Company (Minnesota), Northern States August 9, 1999. Power Company (Wisconsin), revised tariff sheets to become effective Northeast Utilities Service Company, August 1, 1999: Take notice that on July 30, 1999, the Boralex Stratton Energy, Inc., AYP above-mentioned power marketers filed Substitute First Revised Sheet No. 288 Energy, Inc., PECO Energy Company; quarterly reports with the Commission Notice of Filings Equitrans states that the purpose of in above-referenced proceedings for this filing is to comply with the information only. These filing are August 9, 1999. Commission’s Letter Order dated July available for public inspection and Take notice that on July 30, 1999, the 20, 1999 in the captioned docket. In its copying in the Public Reference Room above-mentioned power marketers filed order the Commission required or on the web at www.ferc.fed.us/ quarterly reports with the Commission Equitrans to incorporate in Section 26.3 online/rims.htm for viewing and in above-referenced proceedings for of its General Terms and Conditions the downloading (call 202–208–2222 for information only. These filings are omitted subcategory ‘‘Table of assistance). available for public inspection and Contents’’ from the GISB standard Any person desiring to be heard or to copying in the Public Reference Room 4.3.23. Equitrans has incorporated the protest such filing should file a motion or on the web at www.ferc.fed.us/ online/rims.htm for viewing and omitted subcategory ‘‘Table of to intervene or protest with the Federal downloading (call 202–208–2222 for Contents’’ in Section 26.3 of its General Energy Regulatory Commission, 888 assistance). Terms and Conditions. First Street, N.E., Washington, D.C. Any person desiring to be heard or to 20426, in accordance with Rules 211 Any person desiring to protest this protest such filing should file a motion and 214 of the Commission’s Rules of filing should file a protest with the to intervene or protest with the Federal Federal Energy Regulatory Commission, Practice and Procedure (18 CFR 385.211 Energy Regulatory Commission, 888 888 First Street, N.E., Washington, D.C. and 385.214). All such motions and First Street, N.E., Washington, D.C. 20426, in accordance with Section protests should be filed on or before 20426, in accordance with Rules 211 385.211 of the Commission’s Rules and August 19, 1999. Protest will be and 214 of the Commission’s Rules of Regulations. All such protests must be considered by the Commission to Practice and Procedure (18 CFR 385.211 filed as provided in Section 154.210 of determine the appropriate action to be and 385.214). All such motions and the Commission’s Regulations. Protests taken, but will not serve to make protests should be filed on or before will be considered by the Commission protestants parties to the proceedings. August 19, 1999. Protests will be in determining the appropriate action to Any person wishing to become a party considered by the Commission to be taken, but will not serve to make must file a motion to intervene. Copies determine the appropriate action to be protestants parties to the proceedings. of this filing are on file with the taken, but will not serve to make Copies of this filing are on file with the Commission and are available for public protestants parties to the proceedings. Commission and are available for public inspection. This filing may also be Any person wishing to become a party inspection in the Public Reference viewed on the Internet at http:// must file a motion to intervene. Copies Room. This filing may be viewed on the www.ferc.fed.us/online/rims.htm (call of this filing are on file with the web at http://www.ferc.fed.us/online/ 202–208–2222 for assistance). Commission and are available for public rims.htm (call 202–208–2222 for Linwood A. Watson, Jr., inspection. This filing may also be assistance). viewed on the Internet at http:// Acting Secretary. www.ferc.fed.us/online/rims.htm (call Linwood A. Watson, Jr., [FR Doc. 99–20979 Filed 8–12–99; 8:45 am] 202–208–2222 for assistance). Acting Secretary. BILLING CODE 6717±01±M Linwood A. Watson, Jr., [FR Doc. 99–20974 Filed 8–12–99; 8:45 am] Acting Secretary. BILLING CODE 6717±01±M [FR Doc. 99–20980 Filed 8–12–99; 8:45 am] BILLING CODE 6717±01±M Federal Register / Vol. 64, No. 156 / Friday, August 13, 1999 / Notices 44205
DEPARTMENT OF ENERGY rims.htm (call 202–208–2222 for DEPARTMENT OF ENERGY assistance). Federal Energy Regulatory Linwood A. Watson, Jr., Federal Energy Regulatory Commission Acting Secretary. Commission [FR Doc. 99–20976 Filed 8–12–99; 8:45 am] [Docket No. RP99±392±001] BILLING CODE 6717±01±M [Docket Nos. RP99±464±000 and RP89±183± 093] Mid Louisiana Gas Company; Notice of Proposed Changes in FERC Gas Tariff DEPARTMENT OF ENERGY Williams Gas Pipelines Central, Inc.; Notice of Proposed Changes in FERC August 9, 1999. Federal Energy Regulatory Gas Tariff Take notice that on August 4, 1999, Commission August 9, 1999. Mid Louisiana Gas Company (Mid [Docket Nos. ER99±3849±000, ER99±3850± Louisiana) tendered for filing as part of 000, ER99±3851±000, ER99±3852±000, Take notice that on August 3, 1999, its FERC Gas Tariff, Third Revised ER99±3853±000, ER99±3857±000, ER99± Williams Gas Pipelines Central, Inc. 3858±000, and ER99±3891±000] Volume No. 1, the following tariff sheet, (Williams), tendered for filing to become part of its FERC Gas Tariff, Original with an effective date of August 1, 1999: New England Power Company and Volume No. 1, the following tariff Substitute Fourth Revised Sheet No. 87 AllEnergy Marketing Company, Indeck- Pepperell Power Associates, Inc., sheets, with the proposed effective date Mid Louisiana states that the purpose Denver City Energy Associates, L.P., of August 1, 1999: of the filing is to comply with Portland General Electric Company, Eighth Revised Sheet No. 6 Commission’s July 23, 1999 order in New York State Electric & Gas Eleventh Revised Sheet No. 6A Docket No. RP99–392–000, wherein the Corporation and NGE Generation, Inc., Commission directed Mid Louisiana Gas Wisvest-Connecticut, L.L.C., Williams states that pursuant to Company to revise its tariff to include Southwestern Public Service Article 14 of the General Terms and Conditions of its FERC Gas Tariff, the revised versions of GISB Standard Company, South Eastern Electric Original Volume No. 1, it is filing to 1.3.24 and GISB Data Sets 3.4.1 through Development Company; Notice of discontinue the GSR component of the 3.4.3 in compliance with Order No. Filings maximum ITS rate established in Docket 587–K. Moreover, Mid Louisiana states August 9, 1999. No. RP97–407, which became effective that it submitted in the filing only the Take notice that on July 30, 1999, the August 1, 1997, and has been in effect tariff sheet that incorporated by above-mentioned power marketers filed for its 24-month recovery period, and reference GISB Invoicing Data Sets quarterly reports with the Commission the Rate Schedule FTS surcharge and 3.4.1, 3.4.2 and 3.4.3. Mid Louisiana in above-referenced proceedings for the GSR component of the maximum attests that no modification was made to information only. These filings are ITS rate established in Docket No. its tariff with respect to Standard 1.3.24, available for public inspection and RP98–293, which became effective as the standard was incorporated by copying in the Public Reference Room August 1, 1998, and has been in effect reference in FERC Docket No. RP97– or on the web at www.ferc.fed.us/ for its 12-month recovery period. 151–002, but was inadvertently omitted online/rimis.htm for viewing and Williams states that a copy of its filing from Appendix A of Mid Louisiana’s downloading (call 202–208–2222 for assistance). was served on all participants listed on July 1, 1999 Order 587–K compliance the service lists maintained by the filing. Any person desiring to be heard or to protest such filing should file a motion Commission in the dockets referenced Mid Louisiana requests that the to intervene or protest with the Federal above and on all of Williams’ Commission grants a waiver of Section Energy Regulatory Commission, 888 jurisdictional customers and interested 154.207 of the Commission’s First Street, NE., Washington, DC 20426, state commissions. Regulations thereby allowing the in accordance with Rules 211 and 214 Any person desiring to be heard or to indicated tariff sheet to be accepted to of the Commission’s Rules of Practice protest said filing should file a motion be effective August 1, 1999. and Procedure (18 CFR 385.211 and to intervene or a protest with the Any person desiring to protest this 385.214). All such motions and protests Federal Energy Regulatory Commission, filing should file a protest with the should be filed on or before August 19, 888 First Street, N.E., Washington, D.C. Federal Energy Regulatory Commission, 1999. Protests will be considered by the 20426, in accordance with Sections 888 First Street, N.E., Washington, D.C. Commission to determine the 385.214 or 385.211 of the Commission’s appropriate action to be taken, but will 20426, in accordance with Section Rules and Regulations. All such motions not serve to make protestants parties to 385.211 of the Commission’s Rules and or protests must be filed in accordance the proceedings. Any person wishing to with Section 154.210 of the Regulations. All such protests must be become a party must file a motion to filed as provided in Section 154.210 of Commission’s Regulations. Protests will intervene. Copies of this filing are on be considered by the Commission in the Commission’s Regulations. Protests file with the Commission and are will be considered by the Commission determining the appropriate action to be available for public inspection. This taken, but will not serve to make in determining the appropriate action to filing may also be viewed on the protestants parties to the proceedings. be taken, but will not serve to make Internet at http://www.ferc.fed.us/ Any person wishing to become a party protestants parties to the proceedings. online/rims.htm (call 202–208–2222 for must file a motion to intervene. Copies Copies of this filing are on file with the assistance). of this filing are on file with the Commission and are available for public Linwood A. Watson, Jr., Commission and are available for public inspection in the Public Reference Acting Secretary. inspection in the Public Reference Room. This filing may be viewed on the [FR Doc. 99–20981 Filed 8–12–99; 8:45 am] Room. This filing may be viewed on the web at http:www/ferc.fed.us/online/ BILLING CODE 6717±01±M web at http://www.ferc.fed.us/online/ 44206 Federal Register / Vol. 64, No. 156 / Friday, August 13, 1999 / Notices rims.htm (call 202–208–2222 for in above-referenced proceedings for and engaged directly and exclusively in assistance). information only. These filing are owning and operating the Heard County Linwood A. Watson, Jr., available for public inspection and Power, L.L.C., electric generating facility Acting Secretary. copying in the Public Reference Room (the Facility) to be located in Heard [FR Doc. 99–20975 Filed 8–12–99; 8:45 am] or on the web at www.ferc.fed.us/ County, Georgia, and selling electric BILLING CODE 6717±01±M online/rims.htm for viewing and energy and related ancillary services at downloading (call 202–208–2222 for wholesale from the Facility. The Facility assistance). will consist of three gas turbine generators that are nominally rated at DEPARTMENT OF ENERGY 3. Calpine Power Services Company approximately 166.87 MW each, for a Federal Energy Regulatory [Docket No. ER94–1545–019] total of approximately 500 MW, a Commission Take notice that on August 2, 1999, metering station, and associated [Docket No. ER97±1523±011, et al.] Calpine Power Services Company transmission interconnection (Calpine Power Services), tendered for components. Central Hudson Gas & Electric filing an updated market analysis in Comment date: August 20, 1999, in Corporation, et al.; Electric Rate and compliance with the Commission’s accordance with Standard Paragraph E Corporate Regulation Filings March 9, 1995 order in Docket No. at the end of this notice. The ER94–1545–000. Commission will limit its consideration August 6, 1999. Comment date: August 20, 1999, in of comments to those that concern the Take notice that the following filings accordance with Standard Paragraph E adequacy or accuracy of the application. have been made with the Commission: at the end of this notice. 7. DTE Energy Trading, Inc.; CL Power 1. Central Hudson Gas & Electric 4. Gregory L. Nesbitt Sales Ten, L.L.C.; CL Power Sales Eight, Corporation L.L.C.; CL Power Sales Nine, L.L.C.; CL [Docket No. ID–3150–001] Power Sales Six, L.L.C.; Coral Power, [Docket Nos. ER97–1523–011; OA97–470– Take notice that on August 2, 1999, 010; and ER97–4234–008] L.L.C.; CL Power Sales Two, L.L.C.; Cleco Evangeline LLC, tendered for Take notice that on August 3, 1999, Southern Energy Retail Trading; and filing abbreviated applications for Marketing, Inc.; Niagara Mohawk the Member Systems of the New York Gregory L. Nesbitt, David M. Eppler, Power Pool (Member System), tendered Energy Marketing, Inc.; and Thomas J. Howlin and Darrell Dubroc Constellation Power Source, Inc. for filing under sections 205 and 206 of now holding or may hold interlocking the Federal Power Act amendments to positions involving Cleco Evangeline [Docket Nos. ER97–3834–007; ER96–2652– the transmission agreement in effect LLC. 033; ER96–2652–035; ER96–2652–032; ER96–2652–034; ER96–25–017; ER95–892– between and among the individual Comment date: September 1, 1999, in Member Systems and/or various third 044; ER98–1149–004; ER96–2525–012; and accordance with Standard Paragraph E ER97–2261–011. parties consistent with the at the end of this notice. Commission’s Order dated January 27, Take notice that on July 30, 1999, the 1999. See Central Hudson Gas & Electric 5. California Independent System above-mentioned power marketers/or Corp., et al., 86 FERC 61,062 (1999). Operator Corporation public utilities tendered for filing quarterly reports with the Commission The Member Systems request all [Docket Nos. ER98–899–003; ER98–1923– necessary waivers to make the 001; and ER98–1923–003] in above-referenced proceedings for amendments effective upon information only. These filings are Take notice that on August 2, 1999, implementation of the New York available for public inspection and the California Independent System Independent System Operator (NYISO) copying in the Public Referenced Room Operator Corporation (California ISO), on September 1, 1999. or on the web at www.ferc.fed.us/ A copy of this filing was served upon tendered for filing a Compliance Report online/rims.htm for viewing and all persons on the Commission’s official as required by the Letter Order issued downloading (call 202–208–2222 for service list(s) in the captioned by the Commission on May 28, 1998. assistance). proceeding(s), and the respective Copies of the filing have been served 8. Edison Source; Duke Energy; Citizens electric utility regulatory agencies in upon each person designated on the Power Sales; DTE Edison America, Inc.; New York, New Jersey and restricted service list compiled by the PG&E Power Service Company; CMS Pennsylvania. Presiding Judge in this proceeding. Comment date: August 20, 1999, in Comment date: August 20, 1999, in Marketing, Services and Trading; Sonat accordance with Standard Paragraph E accordance with Standard Paragraph E Power Marketing L.P.; Sonat Power at the end of this notice. at the end of this notice. Marketing Inc.; and Koch Energy Trading, Inc. 2. New Energy Ventures, Inc.; 6. Heard County Power, L.L.C. [Docket Nos. ER96–2150–014; ER96–108– Competitive Utility Services [Docket No. EG99–210–000] 018; ER94–1685–026; ER98–3026–004; Corporation; C.C. Pace Resources, Inc., Take notice that on August 2, 1999, ER94–1394–021; ER96–2350–018; ER96– Hartford Power Sales, L.L.C.; CL Power Heard County Power, L.L.C., 1000 2343–012; ER95–1050–018; and ER95–218– Sales Seven, L.L.C., FirstEnergy Louisiana, Suite 5800, Houston, Texas 018] Trading Services, Inc.; CinCap V, LLC tendered for filing with the Federal Take notice that on July 30, 1999, the [Docket Nos. ER97–4636–007; ER97–1932– Energy Regulatory Commission an above-mentioned power marketers/or 010; ER94–1181–020; ER95–393–024; ER96– application for determination of exempt public utilities tendered for filing 2652–036; ER95–1295–013; and ER98–4055– wholesale generator status pursuant to quarterly reports with the Commission 004] part 365 of the Commission’s in above-referenced proceedings for Take notice that on July 30, 1999, the Regulations. information only. These filings are above-mentioned power marketers/or Heard County Power, L.L.C., is a available for public inspection and public utilities tendered for filing limited liability company, organized copying in the Public Referenced Room quarterly reports with the Commission under the laws of the State of Delaware, or on the web at www.ferc.fed.us/ Federal Register / Vol. 64, No. 156 / Friday, August 13, 1999 / Notices 44207 online/rims.htm for viewing and of the filing on The New York State certain reused tariff sheets consistent downloading (call 202–208–2222 for Public Service Commission and on the with the quarterly filing requirement. assistance). Customer. MidAmerican states that it is Comment date: August 20, 1999, in submitting these tariff sheets for the 9. American Electric Power Service accordance with Standard Paragraph E Corporation purpose of complying with the at the end of this notice. requirements set forth in Southern [Docket No. EL99–82–000] 12. CL Power Sales One, L.L.C.; CL Company Services, Inc., 75 FERC 61,130 Take notice that on August 2, 1999, Power Sales Three, L.L.C.; CL Power (1996), relating to quarterly filings by American Electric Power Service Sales Four, L.L.C.; CL Power Sales Five, public utilities of summaries of short- Corporation, on behalf of the operating L.L.C.; TXU Energy Trading; Mid- term market-based power transactions. companies of the American Electric American Power,L.L.C.; WPS Power The tariff sheets contain summaries of Power System (AEP) submitted a Development, Inc.; Unitil Resources, such transactions under the Rate Petition for Declaratory Order Inc.; Engage Energy US, L.P.; and NEV Schedule for Power Sales for the requesting that the Commission rule East, L.L.C. applicable quarter. that discounted non-firm transmission MidAmerican proposes an effective services offered by AEP are consistent [Docket No. ER95–892–045; Docket Nos. ER98–895–006; ER96–1858–013; ER96– date of the first day of the applicable with AEP’s open-access transmission 1088–026; ER97–2462–008; ER97–654–011; quarter for the rate schedule change. tariff (OATT) and the Commission’s pro and ER97–4652–007] Accordingly, MidAmerican requests a forma transmission tariff. In the Take notice that on July 30, 1999, the waiver of the 60-day notice requirement alternative, AEP requests that the above-mentioned power marketers/or for this filing. MidAmerican states that Commission accept for filing revisions public utilities tendered for filing this date is consistent with the to Schedule 8 of AEP’s OATT, which set quarterly reports with the Commission requirements of the Southern Company forth additional terms for the in above-referenced proceedings for Services, Inc., order and the effective discounting of Non-Firm Point-To-Point information only. These filing are date authorized in Docket No. ER96– Transmission Service. available for public inspection and 2459–000. Comment date: September 1, 1999, in copying in the Public Referenced Room Copies of the filing were served upon accordance with Standard Paragraph E or on the web at www.ferc.fed.us/ MidAmerican’s customers under the at the end of this notice. online/rims.htm for viewing and Rate Schedule for Power Sales and the 10. Tampa Electric Company downloading (call 202–208–2222 for Iowa Utilities Board, the Illinois assistance). [Docket No. ER99–3930–000] Commerce Commission and the South Dakota Public Utilities Commission. Take notice that on August 2, 1999, 13. Virginia Electric and Power Tampa Electric Company (Tampa Company Comment date: August 20, 1999, in Electric), tendered for filing a service accordance with Standard Paragraph E [Docket No. ER99–3932–000] at the end of this notice. agreement with Morgan Stanley Capital Take notice that on August 2, 1999, 15. Cleco Energy LLC Group Inc. (MSCG) under Tampa Virginia Electric and Power Company Electric’s market-based sales tariff. (Virginia Power), tendered for filing a [Docket No. ER99–3947–000] Tampa Electric proposes that the Service Agreements for Non-Firm and Take notice that on August 2, 1999, service agreement be made effective on Firm Point-to-Point Transmission July 6, 1999. Cleco Energy LLC (Cleco Energy), Cleco Service to Consumers Energy Company Evangeline LLC (Cleco Evangeline), Copies of the filing have been served under the Open Access Transmission on MSCG and the Florida Public Service Cleco Marketing, & Trading LLC (CMT), Tariff to Eligible Purchasers dated July tendered for filing their petition to the Commission. 14, 1997. Under the Service Comment date: August 20, 1999, in Commission for acceptance of Agreements, Virginia Power will Amendment No. 1 to Rate Schedule accordance with Standard Paragraph E provide point-to-point service to the at the end of this notice. FERC No. 1 (Market-Based Rate Transmission Customer under the rates, Schedule), Supplement No. 1, Original 11. New York State Electric & Gas terms and conditions of the Open Sheet Nos. 1–2, which the Commission Corporation Access Transmission Tariff. accepted in its Order, issued February Virginia Power requests an effective [Docket No. ER99–3931–000] 17, 1998, in the captioned docket. In date of August 2, 1999, the date of filing Cleco Energy’s proposed amendment, Take notice that on August 2, 1999, of the Service Agreements. Cleco Energy proposes to supersede New York State Electric & Gas Copies of the filing were served upon Original Sheet Nos. 1–2 with Revised Corporation (NYSEG), tendered for Consumers Energy Company, the Sheet No. 1. filing Service Agreements between Virginia State Corporation Commission NYSEG and Duke Energy Trading and and the North Carolina Utilities Comment date: August 20, 1999, in Marketing, L.L.C. (DETM) and NRG Commission. accordance with Standard Paragraph E Power Marketing, Inc., (Customer). Comment date: August 20, 1999, in at the end of this notice. These Service Agreements specify that accordance with Standard Paragraph E 16. South Carolina Electric & Gas the Customer has agreed to the rates, at the end of this notice. Company terms and conditions of the NYSEG 14. MidAmerican Energy Company open access transmission tariff filed July [Docket No. ER99–3929–000] 9, 1997 and effective on November 27, [Docket No. ER99–3935–000] Take notice that on August 2, 1999, 1997, in Docket No. ER97–2353–000. Take notice that on August 2, 1999, South Carolina Electric & Gas Company NYSEG requests waiver of the MidAmerican Energy Company (SCE&G), tendered for filing a service Commission’s sixty-day notice tendered for filing a proposed change in agreement establishing Alabama requirements and an effective date of its Rate Schedule for Power Sales, FERC Municipal Electric Authority (AMEA) as July 30, 1999 for the Service Electric Rate Schedule, Original Volume a customer under the terms of SCE&G’s Agreements. NYSEG has served copies No. 5. The proposed change consists of Negotiated Market Sales Tariff. 44208 Federal Register / Vol. 64, No. 156 / Friday, August 13, 1999 / Notices
SCE&G requests an effective date of Comment date: August 20, 1999, in placement requirements of 18 CFR Part one day subsequent to the date of filing. accordance with Standard Paragraph E 34. Accordingly, SCE&G requests waiver of at the end of this notice. Comment date: August 20, 1999, in the Commission’s notice requirements. 20. Avista Corp. accordance with Standard Paragraph E Copies of this filing were served upon at the end of this notice. AMEA and the South Carolina Public [Docket No. ER99–3408–000] Service Commission. Take notice that on August 2, 1999, 22. Atlanta Gas Light Services, Inc.; Comment date: August 20, 1999, in Avista Corp., tendered for filing a Calpine Power Services Company; accordance with Standard Paragraph E clarification of the rates under an Watts Works, L.L.C.; PP&L EnergyPlus at the end of this notice. executed service agreement with Co., LLC; OST Energy Trading Inc.; Cogentrix Energy Power Marketing, Inc., Southern Energy Trading and 17. Cleco Energy LLC for Dynamic Capacity and Energy Marketing, Inc.; Southern Company [Docket No. ER99–3946–000] Service at cost-based rates under Avista Energy Marketing L.P.; PG&E Energy Corp.’s FERC Electric Tariff, Original Trading—Power; Cinergy Capital & Take notice that on August 2, 1999, Volume No. 10. The service agreement Trading, Inc.; British Columbia Power Cleco Energy LLC (formerly CLECO was filed with the Commission on June Exchange Corporation; CinCap IV, LLC; ENERGY, L.L.C.) (Cleco Energy), 29, 1999. petitioned the Commission for Comment date: August 20, 1999, in Strategic Energy L.L.C.; Hinson Power acceptance of Amendment No. 1 to Rate accordance with Standard Paragraph E Company; Progress Power Marketing, Schedule FERC No. 1, Original Sheet at the end of this notice. Inc.; Western Systems Power Pool; and Nos. 1–9, which the Commission NEV California, L.L.C. accepted in its Order, issued February 21. Citizens Utilities Company [Docket Nos. ER97–542–008; ER94–1545– 17, 1998, in the captioned docket. In [Docket No. ES99–55–000] 018; ER98–4608–004; ER95–976–017; ER97– Cleco Energy’s proposed amendment, Take notice that on August 2, 1999, 4024–009; ER91–195–039; and Cleco Energy proposes to supersede Citizens Utilities Company (Applicant), Original Sheet Nos. 1–9 with Revised tendered for filing an application Take notice that on July 30, 1999, the Sheet Nos. 1–2. pursuant to Section 204 of the Federal above-mentioned power marketers/or Comment date: August 20, 1999, in Power Act requesting an order public utilities tendered for filing accordance with Standard Paragraph E authorizing, for the maximum period, quarterly reports with the Commission at the end of this notice. the issuance by the Applicant of: (I) Up in above-referenced proceedings for information only. These filings are 18. InPower Marketing Corp. to (a) $1,000,000,000 principal amount of unsecured promissory notes available for public inspection and [Docket No. ER99–3964–000] outstanding at any one time (Promissory copying in the Public Referenced Room Take notice that on August 2, 1999, Notes), (b) $1,000,000,000 aggregate or on the web at www.ferc.fed.us/ InPower Marketing Corp. (InPower), principal amount of debt securities online/rims.htm for viewing and tendered for filing a petition for (Longer Term Debt Securities) with a downloading (call 202–208–2222 for Commission acceptance of InPower’s final maturity or maturities of not less assistance). Rate Schedule No. 1; the granting of than nine months nor more than 50 Standard Paragraphs certain blanket approvals, including the years, (c) 80,000,000 shares of common authority to sell electricity at market- stock of Applicant (Common Stock) E. Any person desiring to be heard or (subject to adjustment for stock splits, based rates, and the waiver of certain to protest such filing should file a stock dividends, recapitalizations and Commission Regulations. motion to intervene or protest with the similar changes after the date of this InPower intends to engage in Federal Energy Regulatory Commission, wholesale electric power and energy Application), and $400,000,000 liquidation value of preferred stock of 888 First Street, N.E., Washington, D.C. purchases and sales as a marketer. 20426, in accordance with rules 211 and InPower is not in the business of Applicant (Preferred Stock), and (d) $1,000,000,000 of assumption of 214 of the Commission’s rules of generating or transmitting electric practice and procedure (18 CFR 385.211 power. obligations and liabilities as guarantor of obligations of its subsidiaries subject and 385.214). All such motions or Comment date: August 20, 1999, in to an overall limitation, at any time, of protests should be filed on or before the accordance with Standard Paragraph E the securities to be issued under (a), (b), comment date. Protests will be at the end of this notice. (c) and (d) of $1,000,000,000, and; (II) considered by the Commission in 19. Jersey Central Power & Light up to an additional $3,000,000,000 determining the appropriate action to be Company, Metropolitan Edison principal amount of unsecured taken, but will not serve to make Company and Pennsylvania Electric promissory notes outstanding at any one protestants parties to the proceeding. Company time for the purposes of temporary Any person wishing to become a party bridge financing that may be required must file a motion to intervene. Copies [Docket No. ER99–2388–001] for Applicant to meet its obligations of these filings are on file with the Take notice that on August 2, 1999, arising under agreements for the Commission and are available for public Jersey Central Power & Light Company, acquisition of local exchange telephone inspection. This filing may also be Metropolitan Edison Company and access lines. viewed on the Internet at http:// Pennsylvania Electric Company Applicant also requests, upon the www.ferc.fed.us/online/rims.htm (call (collectively, GPU Energy), tendered for issuance of authorization, that the 202–208–2222 for assistance). filing a compliance filing in response to Applicant’s authority under Docket No. Linwood A. Watson, Jr., the Commission’s letter order dated July ES98–21–000 be canceled. The 1, 1999 in the above-referenced docket. Applicant further requests that the Acting Secretary. (Green Power Partners I LLC, et al., 88 foregoing be exempted from the [FR Doc. 99–20925 Filed 8–12–99; 8:45 am] FERC ¶ 61,005 (1999)). competitive bidding and negotiated BILLING CODE 6717±01±P Federal Register / Vol. 64, No. 156 / Friday, August 13, 1999 / Notices 44209
DEPARTMENT OF ENERGY • Pressure relief, vent, and disposal • Renew dredging of berthing area systems; and turning basin; Federal Energy Regulatory • Spill containment facilities, • Increase dredged material basin Commission including a 400,000-barrel capacity capacity; main spill containment for each LNG • Modify power distribution [Docket Nos. CP99±579±000 and CP99±580± switchgear to allow parallel operation 000] storage tank; and • Fire water system sourced from a with utility (under consideration); and • Southern LNG Inc.; Notice of Intent To fresh-water pond and river water. Install distributed control and data Prepare an Environmental Assessment Southern LNG commenced operation acquisition system. for the Proposed Elba Island Terminal in July, 1978. Between 1978 to 1980, the The proposed improvements would Recommissioning Project and Request Elba Island Terminal was used to import bring the facilities into compliance with for Comments on Environmental LNG purchased from El Paso Algeria applicable current code requirements Issues Corporation. El Paso Algeria and would update the safety, security, Corporation transported LNG by operability and reliability of the August 9, 1999. cryogenic tankers to the point of terminal. The location of the project The staff of the Federal Energy unloading at the Elba Island Terminal. facilities is shown in appendix 1.2 Regulatory Commission (FERC or Southern LNG resold all of the In addition, in Docket No. CP99–579– Commission) will prepare an vaporized LNG to Southern Natural Gas 000, Southern LNG requests section 3 environmental assessment (EA) that will Company (Southern Natural). authorization under subpart B of Part discuss the environmental impacts of In April, 1980, Southern LNG was 153 of the Commission’s regulations for the Elba Island Terminal unable to continue importation of LNG siting of natural gas import facilities. Recommissioning Project involving due to economic considerations. After This application is directly related to construction and operation of facilities LNG shipments were discontinued, Southern LNG’s proposal described by Southern LNG Inc. (Southern LNG) Southern LNG retained an inventory of above in Docket No. CP99–580–000. LNG through April, 1982. During this on Elba Island in Chatham County, Land Requirements for Construction Georgia.1 The project involves returning time, Southern LNG rendered peaking Southern LNG’s existing, certificated service to Southern Natural until No additional land would be required liquefied natural gas (LNG) marine depleting the remaining LNG. by Southern LNG’s proposal. All work import terminal (Elba Island Terminal) Since 1982, the Elba Island Terminal would occur within previously to active service. This EA will be used has been maintained in a limited state disturbed and currently maintained by the Commission in its decision- of readiness to ensure that the plant areas. None of the proposed making process to determine whether could be safely and reliably reactivated. recommissioning tasks would result in the project is in the public convenience An ongoing preventative maintenance substantial changes to the appearance or and necessity. program has been in place since that previous function of the existing time and needed repairs, replacements, facilities. Prior to restarting the facility, Background enhancements and additions have been the ship berthing and turning basin In 1972, in Docket No. CP71–264, the identified for implementing during the areas would need to be dredged and Federal Power Commission (FERC’s recommissioning process. maintained to ¥39 feet mean low water predecessor) authorized Southern (MLW) with an over-dredge of two feet Energy Company (Southern LNG’s Summary of the Proposed Project to ¥41 feet MLW. predecessor), to construct and operate Southern LNG requests Commission The EA Process the Elba Island Terminal. Southern LNG authorization, in Docket No. CP99–580– initiated construction in 1973. The 000, to recommission the Elba Island The National environmental Policy terminal encompasses about 140 acres Terminal for the purpose of providing Act (NEPA) requires the Commission to on the 840-acre Elba Island in an estuary open-access service to shippers desiring take into account the environmental of the Savannah River. Elba Island lies to contract for receipt, storage, and impacts that could result from an action approximately 8 miles upstream of the vaporization of LNG and delivery of whenever it considers the issuance of a river’s discharge into the Atlantic Ocean vaporized LNG at the existing point of Certificate of Public Convenience and and approximately 5 miles downstream interconnect with the interstate pipeline Necessity. NEPA also requires us to from Savannah, Georgia. The existing of Southern Natural. discover and address concerns the authorized facilities at the Elba Island The storage and vaporization facilities public may have about proposals. We Terminal include the following: would not be significantly altered, call this ‘‘scoping’’. The main goal of the • LNG unloading facilities, including replaced or relocated. The storage and scoping process is to focus the analysis marine berth, pier, and arms for throughput capacity of the facilities in the EA on the important unloading LNG from vessels; would remain the same as originally environmental issues. By this Notice of • LNG storage facilities, including placed in service in 1978. The Intent, the Commission requests public three double-wall storage tanks, each recommissioning work will include the comments on the scope of the issues it with the capacity of 400,000 barrels following: will address in the EA. All comments (four billion cubic feet vaporized • Install suction drum level control received are considered during the equivalent); and minimum flow piping; preparation of the EA. State and local • LNG sendout facilities, including • Replace two LNG pumps; government representatives are pumps and vaporizers with a maximum • Install LNG recirculation piping; encouraged to notify their constituents capacity of 540 million cubic feet per • Install an additional boil-off day; compressor (1,000-horsepower); 2 The appendices referenced in this notice are not • Boil-off compressors; • Install LNG tank level, density and being printed in the Federal Register. Copies are temperature gauges; available from the Commission’s Public Reference • and Files Maintenance Branch, 888 First Street, NE, 1 Southern LNG’s application was filed with the Upgrade fire protection system; Washington, DC 20426, or call (202) 208–1371. Commission under section 7 of the Natural Gas Act • Upgrade hazard detection system; Copies of the appendices were sent to all those and part 157 of the Commission’s regulations. • Install intrusion detection system; receiving this notice in the mail. 44210 Federal Register / Vol. 64, No. 156 / Friday, August 13, 1999 / Notices of this proposed action and encourage Review and Compliance Branch, PR– to the texts of formal documents issued them to comment on their areas of 11.1; by the Commission, such as orders, concern. • Reference Docket Nos. CP99–579– notices, and rulemakings. From the The EA will discuss impacts that 000 and CP99–580–000; and FERC Internet website, click on the could occur as a result of the • Mail your comments so that they ‘‘CIPS’’ link, select ‘‘Docket #’’ from the construction and operation of the will be received in Washington, DC on CIPS menu, and follow the instructions. proposed project under these general or before September 8, 1999. For assistance with access to CIPS, the headings: Beyond asking for written comments, CIPS helpline can be reached at (202) in October, 1999, we will be conducting • Geology and soils 208–2474. a site visit, holding a public scoping • Water resource, fisheries, and Linwood A. Watson, Jr., meeting, and conducting a cryogenic wetlands Acting Secretary. • design and engineering review. The Vegetation and wildlife public meeting will be designed to [FR Doc 99–20928 Filed 8–12–99; 8:45 am] • Endangered and threatened species BILLING CODE 6717±01±M • provide you with more detailed Public safety information and another opportunity to • Land use • offer your comments on the proposed Cultural resources project. Further details on the dates and DEPARTMENT OF ENERGY • Air quality and noise • locations of the above events will be Federal Energy Regulatory Hazardous waste noticed at a later date. We will also evaluate possible Commission alternatives to the proposed project or Becoming an Intervenor Notice of Application Accepted for portions of the project, and make In addition to involvement in the EA Filing and Soliciting Motions To recommendations on how to lessen or scoping process, you may want to Intervene and Protests avoid impacts on the various resource become an official party to the areas. proceeding known as an ‘‘intervenor’’. August 9, 1999. Our independent analysis of the Intervenors play a more formal role in Take notice that the following issues will be in the EA. Depending on the process. Among other things, hydroelectric application has been filed the comments received during the intervenors have the right to receive with the Commission and is available scoping process, the EA may be copies of case-related Commission for public inspection: published and mailed to Federal, state, documents and filings by other a, Type of Application: Preliminary and local agencies, public interest intervenors. Likewise, each intervenor Permit. groups, interested individuals, affected must provide 14 copies of its filings to b. Project No.: P–11753–000. landowners, newspapers, libraries, and the Secretary of the Commission and c. Date filed: June 11, 1999. the Commission’s official service list for must send a copy of its filings to all d. Applicant: Universal Electric this proceeding. A comment period will other parties on the Commission’s Power Corporation. be allotted for review if the EA is service list for this proceeding. If you e. Name of Project: Mississipi Lock published. We will consider all want to become an intervenor you must and Dam No. 10 Hydro Project. comments on the EA before we make file a motion to intervene according to f. Location: At the existing U.S. Army our recommendations to the rule 214 of the Commission’s Rules of Corps of Engineers’ Mississippi Lock Commission Practice and Procedure (18 CFR and Dam No. 10 on the Mississippi To ensure your comments are 385.214) (see appendix 2). Only River, near the Town of Guttenburg, considered, please carefully follow the intervenors have the right to seek Clayton County, Iowa. instructions in the public participation rehearing of the Commission’s decision. g. Filed Pursuant to: Federal Power section below. The date for filing timely motions to Act 16 U.S.C. 791(a)– h. Applicant: Mr. Ronald S. Public Participation intervene in this proceeding ends on August 13, 1999. If this date cannot be Feltenberger, Universal Electric Power You can make a difference by met, parties seeking to file late Corp, 1145 Highbrook Street, Akron, providing us with your specific interventions must show good cause, as Ohio 44301, (330) 535–7115. comments or concerns about the project. required by section 385.214(b)(3), why i. FERC Contact: Ed Lee (202) 219– By becoming a commentor, your this time limitation should be waived. 2809 or E-mail address at concerns will be addressed in the EA Environmental issues have been viewed [email protected]. and considered by the Commission. You as good cause for late intervention. You j. Deadline for filing motions to should focus on the potential do not need intervenor status to have intervene and protest: 60 days from the environmental effects of the proposal, your environmental comments issuance date of this notice. alternatives to the proposal, and considered. All documents (original and eight measures to avoid or lessen Additional information about the copies) should be filed with: David P. environmental impact. The more proposed project is available from Mr. Boergers, Secretary, Federal Energy specific your comments, the more useful Paul McKee of the Commission’s Office Regulatory Commission, 888 First they will be. Please carefully follow of External Affairs at (202) 208–1088 or Street, NE, Washington, DC 20426. these instructions to ensure that your on the FERC website (www.ferc.fed.us) The Commission’s Rules of Practice comments are received in time and using the ‘‘RIMS’’ link to information in and Procedure require all intervenors properly recorded: this docket number. Click on the filing documents with the Commission • Send two copies of your letter to: ‘‘RIMS’’ link, select ‘‘Docket #’’ from the to serve a copy of that document on David P. Boergers, Secretary, Federal RIMS Menu, and follow the each person whose name appears on the Energy Regulatory Commission, 888 instructions. For assistance with access official service list for the project. First St. NE, Room 1A, Washington, DC to RIMS, the RIMS helpline can be Further, if an intervenor files comments 20426; reached at (202) 208–2222. or documents with the Commission • Label one copy of the comments for Similarly, the ‘‘CIPS’’ link on the relating to the merits of an issue that the attention of the Environmental FERC Internet website provides access may affect the responsibilities of a Federal Register / Vol. 64, No. 156 / Friday, August 13, 1999 / Notices 44211 particular resource agency, they must application. Submission of a timely copy must be sent to Director, Division also serve a copy of the document on notice of intent to file a development of Project Review, Federal Energy that resource agency. application allows an interested person Regulatory Commission, at the above- k. This application is not ready for to file the competing application no mentioned address. A copy of any environmental analysis at this time. later than 120 days after the specified notice of intent, competing application l. Description of Project: The comment date for the particular or motion to intervene must also be proposed project would utilize the application. A competing license served upon each representative of the existing U.S. Army Corps of Engineers’ application must conform with 18 CFR Applicant specified in the particular Mississippi Lock and Dam No. 10, and 4.30(b) and 4.36. application. would consist of the following facilities: Notice of intent—A notice of intent Agency Comments: Federal, state, and (1) five new steel penstocks, each about must specify the exact name, business local agencies are invited to file 80-foot-long and 9.5-foot-in-diameter; address, and telephone number of the comments on the described application. (2) a new powerhouse to be constructed prospective applicant, and must include A copy of the application may be on the downstream side of the dam an unequivocal statement of intent to obtained by agencies directly from the having an installed capacity of 10,000 submit, if such an application may be Applicant. If an agency does not file kilowatts; (3) a new 200-foot-long, 14.7- filed, either a preliminary permit comments within the time specified for kilovolt transmission line, and (4) application or a development filing comments, it will be presumed to appurtenant facilities. The proposed application (specify which type of have no comments. One copy of an average annual generation is estimated application). A notice of intent must be agency’s comments must also be sent to to be 61 gigawatthours. The cost of the served on the applicant(s) named in this the Applicant’s representatives. studies under the permit will not exceed public notice. Linwood A. Watson, Jr., $2,000,000. Proposed Scope of Studies under Acting Secretary. m. Available Locations of Permit—A preliminary permit, if issued, [FR Doc. 99–20970 Filed 8–12–99; 8:45 am] Application: A copy of the application does not authorize construction. The BILLING CODE 6717±01±M is available for inspection and term of the proposed preliminary permit reproduction at the Commission’s would be 36 months. The work Public Reference and Files Maintenance proposed under the preliminary permit DEPARTMENT OF ENERGY Branch, located at 888 First Street, N.E., would include economic analysis, Room 2–A, Washington, DC 20426, or preparation of preliminary engineering Federal Energy Regulatory by calling (202) 219–1371. A copy is plans, and a study of environmental Commission also available for inspection and impacts. Based on the results of these reproduction at Universal Electric studies, the Applicant would decide Notice of Application Accepted for Power Corp., Mr. Ronald S. whether to proceed with the preparation Filing and Soliciting Motions To Feltenberger, 1145 Highbrook Street, of a development application to Intervene and Protests Akron, Ohio 44301, (330) 535–7115. A construct and operate the project. copy of the application may also be Comments, Protests, or Motions to August 9, 1999. viewed or printed by accessing the Intervene—Anyone may submit Take notice that the following Commission’s website on the Internet at comments, a protest, or a motion to hydroelectric application has been filed http://www.ferc.fed.us/online/rims/htm intervene in accordance with the with the Commission and is available or call (202) 208–2222 for assistance. requirements of Rules of Practice and for public inspection: n. Individuals desiring to be included Procedure, 18 CFR 385.210, .211, .214. a. Type of Application: Preliminary on the Commission’s mailing list should In determining the appropriate action to Permit. so indicate by writing to the Secretary take, the Commission will consider all b. Project No.: P–11754–000. c. Date filed: June 11, 1999. of the Commission. protests or other comments filed, but d. Applicant: Universal Electric Preliminary Permit—Anyone desiring only those who file a motion to Power Corporation. to file a competing application for intervene in accordance with the e. Name of Project: Mississippi Lock preliminary permit for a proposed Commission’s Rules may become a and Dam No 21 Hydro Project. project must submit the competing party to the proceeding. Any comments, f. Location: At the existing U.S. Army application itself, or a notice of intent to protests, or motions to intervene must Corps of Engineers’ Mississippi Lock file such an application, to the be received on or before the specified and Dam No. 21 of the Mississippi Commission on or before the specified comment date for the particular River, near the Towns of Quincy and comment date for the particular application. Hannibal, Adams County, Illinois. application (see 18 CFR 4.36). Filing and Service of Responsive g. Filed Pursuant to: Federal Power Submission of a timely notice of intent Documentrs—Any filings must bear in Act 16 U.S.C. 791 (a)–825(r). allows an interested person to file the all capital letters the title h. Application Contact: Mr. Ronald S. competing preliminary permit ‘‘COMMENTS’’, ‘‘NOTICE OF INTENT Feltenberger, Universal Electric Power application no later than 30 days after TO FILE COMPETING APPLICATION’’, Corp., 1145 Highbrook Street, Akron, the specified comment date for the ‘‘COMPETING APPLICATION’’, Ohio 44031, (330) 535–7115. particular application. A competing ‘‘PROTEST’’, ‘‘MOTION TO i. FERC Contact: Ed Lee (202) 219– preliminary permit application must INTERVENE’’, as applicable, and the 2809 or E-mail address at conform with 18 CFR 4.30(b) and 4.36. Project Number of the particular [email protected]. Preliminary Permit—Any qualified application to which the filing refers. j. Deadline for filing motions to development applicant desiring to file a Any of the above-named documents intervene and protest: 60 days from the competing development application must be filed by providing the original issuance date of this notice. must submit to the Commission, on or and the number of copies provided by All documents (original and eight before a specified comment date for the the Commission’s regulations to: The copies) should be filed with: David P. particular application, either a Secretary, Federal Energy Regulatory Boergers, Secretary, Federal Energy competing development application or a Commission, 888 First Street, NE., Regulatory Commission, 888 First notice of intent to file such an Washington, DC 20426. An additional Street, NE, Washington, DC 20426. 44212 Federal Register / Vol. 64, No. 156 / Friday, August 13, 1999 / Notices
The Commission’s Rules of Practice preliminary permit application must INTERVENE’’, as applicable, and the and Procedure require all intervenors conform with 18 CFR 4.30(b) and 4.36. Project Number of the particular filing documents with the Commission Preliminary Permit—Any qualified application to which the filing refers. to serve a copy of that document on development applicant desiring to file a Any of the above-named documents each person whose name appears on the competing development application must be filed by providing the original official service list for the project. must submit to the Commission, on or and the number copies provided by the Further, if an intervenor file comments before a specified comment date for the Commission’s regulations to: The or documents with the Commission particular application, either a Secretary, Federal Energy Regulatory relating to the merits of an issue that competing development application or a Commission, 888 First Street, NE., may affect the responsibilities of a notice of intent to file such an Washington, DC 20426. An additional particular resource agency, they must application. Submission of a timely copy must be sent to Director, Division also serve a copy of the document on notice of intent to file a development of Project Review, Federal Energy that resource agency. application allows an interested person Regulatory Commission, at the above- k. This application is not ready for to file the competing application no mentioned address. A copy of any environmental analysis at this time. later than 120 days after the specified notice of intent, competing application l. Description of Project: The comment date for the particular or motion to intervene must also be proposed project would utilize the application. A competing license served upon each representative of the existing U.S. Army Corps of Engineers’ application must conform with 18 CFR Applicant specified in the particular Mississippi Lock and Dam No. 21, and 4.30(b) and 4.36. application. would consist of the following facilities: Notice of intent—A notice of intent Agency Comments—Federal, state, (1) five new steel penstocks, each about must specify the exact name, business and local agencies are invited to file 80-foot-long and 9-foot-in-diameters; (2) address, and telephone number of the comments on the described application. a new powerhouse to be constructed on prospective applicant, and must include A copy of the application may be the downstream side of the dam having an unequivocal statement of intent to obtained by agencies directly from the an installed capacity of 10,000 submit, if such an application may be Applicant. If an agency does not file kilowatts; (3) a new 1,000-foot-long, filed, either a preliminary permit comments within the time specified for 14.7-kilovolt transmission line; and (4) application or a development filing comments, it will be presumed to appurtenant facilities. The proposed application (specify which type of have no comments. One copy of an average annual generation is estimated application). A notice of intent must be agency’s comments must also be sent to to be 61 gigawatthours. The cost of the served on the applicant(s) named in this the Applicant’s representatives. studies under the permit will not exceed public notice. Linwood A. Watson, Jr., $2,000,000. Proposed Scope of Studies under m. Available Locations of Permit—A preliminary permit, if issued, Acting Secretary. Application: A copy of the application does not authorize construction. The [FR Doc. 99–20971 Filed 8–12–99; 8:45 am] is available for inspection and term of the proposed preliminary permit BILLING CODE 6717±01±M reproduction at the Commission’s would be 36 months. The work Public Reference and Files Maintenance proposed under the preliminary permit Branch, located at 888 First Street, N.E., would include economic analysis, DEPARTMENT OF ENERGY Room 2–A, Washington, D.C. 20426, or preparation of preliminary engineering Federal Energy Regulatory by calling (202) 219–1371. A copy is plans, and a study of environmental also available for inspection and impacts. Based on the results of these Commission reproduction at Universal Electric studies, the Applicant would decide Notice of Application Accepted for Power Corp., Mr. Ronald S. whether to proceed with the preparation Filing and Soliciting Motions To Feltenberger, 1145 Highbrook Street, of a development application to Intervene and Protests: Akron, Ohio 44301, (330) 535–7115. A construct and operate the project. copy of the application may also be Comments, Protests, or Motions to August 9, 1999. viewed or printed by accessing the Intervene—Anyone may submit Take notice that the following Commission’s website on the Internet at comments, a protest, or a motion to hydroelectric application has been filed http://www.ferc.fed.us/online/rims.htm intervenet in accordance with the with the Commission and is available or call (202) 208–2222 for assistance. requirements of Rules of Practice and for public inspection: n. Individuals desiring to be included Procedure, 18 CFR 385.210, .211, .214. a. Type of Application: Preliminary on the Commission’s mailing list should In determining the appropriate action to Permit. so indicate by writing to the Secretary take, the Commission will consider all b. Project No.: P–11755–000. of the Commission. protests or other comments filed, but c. Date filed: June 11, 1999. Preliminary Permit—Anyone desiring only those who file a motion to d. Applicant: Universal Electric to file a competing application for intervene in accordance with the Power Cooperation. preliminary permit for a proposed Commission’s Rules may become a e. Name of Project: Red River Lock project must submit the competing party to the proceeding. Any comments, and Dam No. 1 Hydro Project. application itself, or a notice of intent to protests, or motions to intervene must f. Location: At the existing U.S. Army file such an application, to the be received on or before the specified Corps of Engineers’ Red River Lock and Commission on or before the specified comment date for the particular Dam No. 1 on the Red River, near the comment date for the particular application. Town of Simmesport, Catahoula application (see 18 CFR 4.36). Filing and Service of Responsive County, Louisiana. Submission of a timely notice of intent Documents—Any filing sums bear in all g. Filed Pursuant to: Federal Power allows an interested person to file the capital letter the title ‘‘COMMENTS’’, Act 16 U.S.C. 791(a)–825(r). competing preliminary permit ‘‘NOTICE OF INTENT TO FILE h. Applicant Contact: Mr. Ronald S. application no later than 30 days after COMPETING APPLICATION’’, Feltenberger, Universal Electric Power the specified comment date for the ‘‘COMPETING APPLICATION’, Corp., 1145 Highbrook Street, Akron, particular application. A competing ‘‘PROTEST’’, ‘‘MOTION TO Ohio 44301, (330) 535–7115. Federal Register / Vol. 64, No. 156 / Friday, August 13, 1999 / Notices 44213
i. FERC Contact: Ed Lee (202) 219– application itself, or a notice of intent to protests, or motions to intervene must 2809 or E-mail address at file such an application, to the be received on or before the specified [email protected]. Commission on or before the specified comment date for the particular j. Deadline for filing motions to comment date for the particular application. intervene and protest: 60 days from the application (see 18 CFR 4.36). Filing and Service of Responsive issuance date of this notice. Submission of a timely notice of intent Documents—Any filings must bear in All documents (original and eight allows an interested person to file the all capital letters the title copies) should be filed with: David P. competing preliminary permit ‘‘COMMENTS’’, ‘‘NOTICE OF INTENT Boergers, Secretary, Federal Energy application no later than 30 days after TO FILE COMPETING APPLICATION’’, Regulatory Commission, 888 First the specified comment date for the ‘‘COMPETING APPLICATION’’, Street, NE, Washington, D.C. 20426. particular application. A competing ‘‘PROTEST’’, ‘‘MOTION TO The Commission’s Rules of Practice preliminary permit application must INTERVENE’’, as applicable, and the and Procedure require all interveners conform with 18 CFR 4.30(b) and 4.36. Project Number of the particular filing documents with the Commission Preliminary Permit—Any qualified application to which the filing refers. to serve a copy of that document on development applicant desiring to file a Any of the above-named documents each person whose name appears on the competing development application must be filed by providing the original official service list for the project. must submit to the Commission, on or and the number of copies provided by Further, if an intervenor files comments before a specified comment date for the the Commission’s regulations to: The or documents with the Commission particular application, either a Secretary, Federal Energy Regulatory relating to the merits of an issue that competing development application or a Commission, 888 First Street, N.E., may affect the responsibilities of a notice of intent to file such an Washington, D.C. 20426. An additional particular resource agency, they must application. Submission of a timely copy must be sent to Director, Division also serve a copy of the document on notice of intent to file a development of Project Review, Federal Energy that resource agency. application allows an interested person Regulatory Commission, at the above- k. This application is not ready for to file the competing application no mentioned address. A copy of any environmental analysis at this time. later than 120 days after the specified notice of intent, competing application l. Description of Project: The comment date for the particular or motion to intervene must also be proposed project would utilize the application. A competing license served upon each representative of the existing U.S. Army Corps of Engineers’ application must conform with 18 CFR Applicant specified in the particular Red River Lock and Dam No. 1, and 4.30(b) and 4.36. application. would consist of the following facilities: Notice of intent—A notice of intent Agency Comments—Federal, state, (1) eight new steel penstocks, each must specify the exact name, business and local agencies are invited to file about 80-foot-long and 9.5-foot-in- address, and telephone number of the comments on the described application. diameter; (2) a new powerhouse to be prospective applicant, and must include A copy of the application may be constructed on the downstream side of an unequivocal statement of intent to obtained by agencies directly from the the dam having an installed capacity of submit, if such an application may be Applicant. If an agency does not file 16,200 kilowatts; (3) a new 500-foot- filed, either a preliminary permit comments within the time specified for long, 14.7-kilovolt transmission line; application or a development filing comments, it will be presumed to and (4) appurtenant facilities. The application (specify which type of have no comments. One copy of an proposed average annual generation is application). A notice of intent must be agency’s comments must also be sent to estimated to be 99 gigawatthours. The served on the applicant(s) named in this the Applicant’s representatives. cost of the studies under the permit will public notice. Linwood A. Watson, Jr., not exceed $2,000,000. Proposed Scope of Studies under Acting Secretary. m. Available Locations of Permit—A preliminary permit, if issued, [FR Doc. 99–20972 Filed 8–12–99; 8:45 am] Application: A copy of the application does not authorize construction. The BILLING CODE 6717±01±M is available for inspection and term of the proposed preliminary permit reproduction at the Commission’s would be 36 months. The work Public Reference and Files Maintenance proposed under the preliminary permit DEPARTMENT OF ENERGY Branch, located at 888 First Street, N.E., would include economic analysis, Room 2–A, Washington, D.C. 20426, or preparation of preliminary engineering Federal Energy Regulatory by calling (202) 219–1371. A copy is plans, and a study of environmental Commission also available for inspection and impacts. Based on the results of these reproduction at Universal Electric studies, the Applicant would decide Notice of Application Accepted for Power Corp., Mr. Ronald S. whether to proceed with the preparation Filing and Soliciting Motions To Feltenberger, 1145 Highbrook Street, of a development application to Intervene and Protests construct and operate the project. Akron, Ohio 44301, (330) 535–7115. A August 9, 1999. Comments, Protests, or Motions to copy of the application may also be Take notice that the following Intervene—anyone may submit viewed or printed by accessing the hydroelectric application has been filed comments, a protest, or a motion to Commission’s website on the Internet with the Commission and is available intervene in accordance with the http://www.fer.fed.us/online/rims.htm for public inspection: or call (202) 208–2222 for assistance. requirements of Rules of Practice and a. Type of Application: Preliminary n. Individuals desiring to be included Procedure, 18 CFR 385.210, .211, .214. Permit. on the Commission’s mailing list should In determining the appropriate action to b. Project No: P–11788–000. so indicate by writing to the Secretary take, the Commission will consider all c. Date Filed: July 15, 1999. of the Commission. protests or other comments filed, but d. Applicant: Universal Electric Preliminary Permit—Anyone desiring only those who file a motion to Power Corporation. to file a competing application for intervene in accordance with the e. Name of Project: Kentucky L&D #8. preliminary permit for a proposed Commission’s Rules may become a f. Location: On the Kentucky River, project must submit the competing party to the proceeding. Any comments, near the town of Camp Nelson, 44214 Federal Register / Vol. 64, No. 156 / Friday, August 13, 1999 / Notices
Jessamine County, Kentucky, utilizing file such an application, to the be received on or before the specified federal lands administered by the U.S. Commission on or before the specified comment date for the particular Army Corps of Engineers. comment date for the particular application. g. Filed Pursuant to: Federal Power application see 18 CFR 4.36). Filing and Service of Responsive Act, 16 U.S.C. 791(a)–825(r). Submission of a timely notice of intent Documents—Any filings must bear in h. Applicant Contact: Mr. Gregory S. allows an interested person to file the all capital letters the title Feltenberger, Universal Electric Power competing preliminary permit ‘‘COMMENTS’’, ‘‘NOTICE OF INTENT Corp., 1145 Highbrook Street, Akron,OH application no later than 30 days after TO FILE COMPETING APPLICATION’’, 44301, (330) 535–7115. the specified comment date for the ‘‘COMPETING APPLICATION’’, i. FERC Contact: Chalres T. Raabe, E- particular application. A competing ‘‘PROTEST’’, ‘‘MOTION TO mail address, [email protected], preliminary permit application must INTERVENE’’, as applicable, and the or telephone (202) 219–2811. conform with 18 CFR 4.30(b) and 4.36. Project Number of the particular j. Deadline Date: 60 days from the Preliminary Permit—Any qualified application to which the filing refers. issuance date of this notice. development applicant desiring to file a Any of the above-named documents All documents (original and eight competing development application must be filed by providing the original copies) should be filed with: David P. must submit to the Commission, on or and the number of copies provided by Boergers, Secretary, Federal Energy before a specified comment date for the the Commission’s regulations to: The Regulatory Commission, 888 First particular application, either a Secretary, Federal Energy Regulatory Street, NE, Washington, DC 20426. competing developing application or a Commission, 888 First Street, N.E., The Commission’s Rules of Practice notice of intent to file such an and Procedure require all intervenors Washington, D.C. 20426. An additional application. Submission of a timely copy must be sent to Director, Division filing documents with the Commission notice of intent to file a development to serve a copy of that document on of Project Review, Federal Energy application allows an interested person Regulatory Commission, at the above- each person whose name appears on the to file the competing application no official service list for the project. mentions address. A copy of any notice later than 120 days after the specified of intent, competing application or Further, if an intervenor files comments comment date for the particular or documents with the Commission motion to intervene must also be served application. A competing license upon each representative of the relating to the merits of an issue that application must conform with 18 CFR may affect the responsibilities of a Applicant specified in the particular 4.30(b) and 4.36. application. particular resource agency, they must Notice of intent—A notice of intent also serve a copy of the document on must specify the exact name, business Agency Comments—Federal, state, that resource agency. address, and telephone number of the and local agencies are invited to file k. The proposed project would utilize prospective applicant, and must include comments on the described application. the existing U.S. Army Corps of an unequivocal statement of intent to A copy of the application may be Engineers’ Kentucky River L&D #8 and submit, if such an application may be obtained by agencies directly form the would consist of: (1) 5 new 50-foot-long, filed, either a preliminary permit Applicant. If an agency does not file 96-inch-diameter steel penstocks; (2) a application or a development comments within the time specified for new 100-foot-long, 30-foot-wide, 30- application (specify which type of filing comments, it will be presumed to foot-high powerhouse containing 5 application). A notice of intent must be have no comments. One copy of an generating units having a total installed served on the applicant(s) named in this agency’s comments must also be sent to capacity of 7,000-kW; (3) a new exhaust public notice. the Applicant’s representatives. apron; (4) a new 400-foot-long, 14.7-kV Proposed Scope of Studies under Linwood A. Watson, Jr., transmission line; and (5) appurtenant Permit—A preliminary permit, if issued, Acting Secretary. facilities. does not authorize construction. The [FR Doc. 99–20973 Filed 8–12–99; 8:45 am] Applicant estimates that the average term of the proposed preliminary permit BILLING CODE 6717±01±M annual generation would be 42 GWh would be 36 months. The work and that the cost of the studies to be proposed under the preliminary permit performed under the terms of the permit would include economic analysis, DEPARTMENT OF ENERGY would be $1,500,000. Project energy preparation of preliminary engineering would be sold to utility companies, plans, and a study of environmental Federal Energy Regulatory corporations, municipalities, impacts. Based on the results of these Commission aggregators, or similar entities. studies, the Applicant would decide l. A copy of the application is whether to proceed with the preparation Notice of Temporary Variance Request available for inspection and of a development application to and Soliciting Comments, Motions To reproduction at the Commission’s construct and operate the project. Intervene and Protests Comments, Protests, or Motions to Public Reference Room, located at 888 August 9, 1999. First Street, NE, Washington, D.C. Intervene—Anyone may submit 20426, or by calling (202) 208–1371. comments, a protest, or a motion to Take notice that the following This filing may be viewed on the web intervene in accordance with the hydroelectric application has been filed at http://www.ferc.fed.us/online/ requirements of Rules of Practice and with the Commission and is available rims.htm (call (202) 208–2222 for Procedure, 18 CFR 385.210, .211, .214. for public inspection: assistance). A copy is also available for In determining the appropriate action to a. Type of Application: Request for inspection and reproduction at the take, the Commission will consider all Temporary Variance of Minimum Flow address in item h above. protests or other comments filed, but Requirement. Preliminary Permit—Anyone desiring only those who file a motion to b. Project No: 405–048 to file a competing application for intervene in accordance with the c. Date Filed: August 6, 1999. preliminary permit for a proposed Commission’s Rules may become a d. Applicant: Susquehanna Power project must submit the competing party to the proceeding. Any comments, Company and Philadelphia Electric application itself, or a notice of intent to protests, or motions to intervene must Power Company. Federal Register / Vol. 64, No. 156 / Friday, August 13, 1999 / Notices 44215
e. Name of Project: Conowingo to 15 cfs). As of August 5, 1999, a 240 filing comments, it will be presumed to Project. cfs variance equals about 8% of the have no comments. One copy of an f. Location: On the Susquehanna required flow release. agency’s comments must also be sent to River, in Harford and Cecil Counties, The licensees are requesting the the Applicant’s representatives. Maryland and York and Lancaster minimum flow variance for the duration Linwood A. Watson, Jr., Counties, Pennsylvania. The project of the consumptive water withdrawal Acting Secretary. does not utilize federal or tribal lands. period, which is uncertain at this time. [FR Doc. 99–20984 Filed 8–12–99; 8:45 am] g. Filed Pursuant to: 18 CFR 4.200. The noticing of the request for this BILLING CODE 6717±01±M h. Applicant Contact: William longer-term period does not preclude Jefferson, Jr., Susquehanna Electric the Commission from approving a Company, 2569 Shures Landing Road, variance for an interim period. DEPARTMENT OF ENERGY Darlington, MD 21034, (410) 457–2401. l. Locations of the Application: A i. FERC Contact: John Mudre, copy of the application is available for Federal Energy Regulatory [email protected], (202) 219– inspection and reproduction at the Commission 1208. Commission’s Public Reference Room, j. Deadline for filing comments, located at 888 First Street, NE, Room Notice of Application Accepted for motions to intervene and protest: 10 2A, Washington, DC 20426, or by calling Filing and Request for Motions To days from the issuance date of this (202) 208–1371. This filing may be Intervene and Protests notice. Please include the project viewed on http://www.ferc.fed.us/ number (405–048) on many comments online/rims.htm (call (202) 208–2222 for August 9, 1999. or motions filed. All documents assistance) A copy is also available for Take notice that the following (original and eight copies) should be inspection and reproduction at the hydroelectric application has been filed filed with: David P. Boergers, Secretary, address in item h above. with the Commission and is available Federal Energy Regulatory Commission, m. Individuals desiring to be included for public inspection. This is a 888 First Street, NE, Washington, DC on the Commission’s mailing list should reissuance of the notice issued on 20426. so indicate by writing to the Secretary January 28, 1999. k. Description of Application: On of the Commission. a. Type of Application: Preliminary August 6, 1999, the Conowingo Protests or Motions to Intervene— Permit. licensees requested Commission Anyone may submit a protest or a b. Project No.: P–11652–000. c. Date filed: December 28, 1998, and approval of a variance of the minimum motion to intervene in accordance with flow requirements of the project license. revised on March 26, 1999. the requirements of Rules of Practice d. Applicant: Universal Electric According to the license, for the period and Procedure, 18 CFR 385.210, Power Corp. June 1 to September 14, annually, the 385.211, and 385.214. In determining e. Name of Project: Muskingum L&D licensees must provide a minimum flow the appropriate action to take, the #7 Hydroelectric Project. release (not including leakage) below Commission will consider all protests f. Location: At the existing the dam of 5,000 cubic feet per second filed, but only those who file a motion Muskingum Lock and Dam #7, which is (cfs), or inflow (as measured at the to intervene in accordance with the owned by the Ohio Department of USGS gaging station in Marietta, PA), Commission’s Rules may become a Natural Resources, Division of Parks whichever is less. As of August 5, 1999, party to the proceeding. Any protests or and Recreation, on the Muskingum the river flow at Marietta was 2,960 cfs. motions to intervene must be received River, near the Town of McConnelsville, Because of the continuing drought, on or before the specified deadline date Morgan County, Ohio. the City of Baltimore is preparing to for the particular application. g. Filed Pursuant to: Federal Power withdraw water from the Conowingo Filing and Service of Responsive Act 16 U.S.C. 791(a)–825(r). Reservoir for consumptive purposes. Documents—Any filings must bear in h. Applicant Contact: Mr. Ronald S. The licensees and the Susquehanna all capital letters the title Feltenberger, Universal Electric Power River Basin Commission are concerned ‘‘COMMENTS’’, Corp., 1145 Highbrook Street, Akron, that the combination of continued ‘‘RECOMMENDATIONS FOR TERMS Ohio 44301, (330) 535–7115. drought, the minimum flow AND CONDITIONS’’, ‘‘PROTEST’’, OR i. FERC Contact: Susan Tseng (202) requirement, and the City’s withdrawals ‘‘MOTION TO INTEVENE’’, as 219–2798 or e-mail address at will negatively impact the water levels applicable, and the Project Number of [email protected]. in the Conowingo reservoir. Depending the particular application to which the j. Comment Date: 30 days from the on its extent, a drawdown could impact filing refers. Any of the above-named issuance date of this notice. generating capacity for system documents must be filed by providing k. Description of Project: The emergencies and recreation on the the original and the number of copies proposed project would consist of the reservoir, as well as energy production provided by the Commission’s following facilities: (1) the existing of the Muddy Run Pumped Storage regulations to: The Secretary, Federal Muskingum Lock and Dam #7 with a Project and the Peach Bottom Atomic Energy Regulatory Commission, 888 storage of 2,999 acre-feet and a surface Power Station. First Street, N.E., Washington, D.C. area of 442 acres at an upstream pool To ensure their ability to maintain the 20426. A copy of any motion to elevation of 650.15 feet m.s.l; (2) a elevation of the Conowingo reservoir, intervene must also be served upon each powerhouse downstream of the dam the licensees are requesting a variance representative of the Applicant having an installed capacity of 3,140 of their minimum flow requirement to: specified in the particular application. kilowatts; (2) a new transmission line; (1) count leakage at the dam (about 800 Agency Comments—Federal, state, and (3) appurtenant facilities. The cfs) towards the required minimum and local agencies are invited to file proposed average annual generation is flow; and (2) subtract up to 240 cfs from comments on the described application. estimated to be 20 gigawatt hours. The their minimum flow requirement to A copy of the application may be cost of the studies under the permit will compensate for consumptive losses from obtained by agencies directly from the not exceed $1,500,000. the reservoir to the City of Baltimore (up Applicant. If an agency does not file m. Available Locations of to 225 cfs) and the City of Chester (up comments within the time specified for Application: A copy of the application 44216 Federal Register / Vol. 64, No. 156 / Friday, August 13, 1999 / Notices is available for inspection and preparation of preliminary engineering DEPARTMENT OF ENERGY reproduction at the Commission’s plans, and a study of environmental Public Reference and Files Maintenance impacts. Based on the results of these Federal Energy Regulatory Branch, located at 888 First Street, NE, studies, the Applicant would decide Commission Room 2–A, Washington, DC 20426, or whether to proceed with the preparation Notice of Application Accepted for by calling (202) 219–1371. A copy is of a development application to Filing and Request for Motions To also available for inspection and construct and operate the project. reproduction at Universal Electric Intervene and Protests Comments, Protests, or Motions to Power Corp., Mr. Ronald S. Feltenberger August 9, 1999. 1145 Highbrook Street, Akron, Ohio Intervene—Anyone may submit Take notice that the following 44301, (330) 535–7115. A copy of the comments, a protest, or a motion to hydroelectric application has been filed application may also be viewed or intervene in accordance with the with the Commission and is available printed by accessing the Commission’s requirements of Rules of Practice and for public inspection. This is a website on the Internet at Procedure, 18 CFR 385.210, .211, .214. reissuance of the notice issued on www.ferc.fed.us. For assistance, users In determining the appropriate action to January 28, 1999. may call (202) 208–2222. take, the Commission will consider all Preliminary Permit—Anyone desiring protests or other comments filed, but a. Type of Application: Preliminary to file a competing application for only those who file a motion to Permit b. Project No.: P–11653–000. preliminary permit for a proposed intervene in accordance with the c. Date filed: December 28, 1998, and project must submit the competing Commission’s Rules may become a application itself, or a notice of intent to revised on March 26, 1999. party to the proceeding. Any comments, d. Applicant: Universal Electric file such an application, to the protests, or motions to intervene must Commission on or before the specified Power Corp. be received on or before the specified e. Name of Project: Muskingum L&D comment date for the particular comment date for the particular # application (see 18 CFR 4.36). 10 Hydroelectric Project. application. f. Location: At the existing Submission of a timely notice of intent # allows an interested person to file the Filing and Service of Responsive Muskingum Lock and Dam 10, which competing preliminary permit Documents—Any filings must bear in is owned by the Ohio Department of application no later than 30 days after all capital letters the title Natural Resources, Division of Parks the specified comment date for the ‘‘COMMENTS,’’ ‘‘NOTICE OF INTENT and Recreation, on the Muskingum particular application. A competing TO FILE COMPETING APPLICATION’’, River, near the Town of Zanesville, preliminary permit application must ‘‘COMPETING APPLICATION, ’’ Muskingum County, Ohio. conform with 18 CFR 4.30(b) and 4.36. ‘‘PROTEST’’, ‘‘MOTION TO g. Filed Pursuant to: Federal Power Preliminary Permit—Any qualified INTERVENE’’, as applicable, and the Act 16 U.S.C. 791(a)–825(i). development applicant desiring to file a Project Number of the particular h. Applicant Contact: Mr. Ronald S. competing development application application to which the filing refers. Feltenberger, Universal Electric Power must submit to the Commission, on or Any of the above-named documents Corp., 1145 Highbrook Street, Akron, before a specified comment date for the must be filed by providing the original Ohio 44301, (330) 535–7115. particular application, either a and the number of copies provided by i. FERC Contact: Susan Tseng (202) 219–2798 or E-mail address at competing development application or a the Commission’s regulations to: The [email protected]. notice of intent to file such an Secretary, Federal Energy Regulatory j. Comment Date: 30 days from the application. Submission of a timely Commission, 888 First Street, NE, issuance date of this notice. notice of intent to file a development Washington, DC 20426. An additional application allows an interested person k. Description of Project: The copy must be sent to Director, Division proposed project would consist of the to file the competing application no of Project Review, Federal Energy later than 120 days after the specified following facilities: (1) the existing Regulatory Commission, at the above- comment date for the particular Muskingum Lock and Dam #10, with a mentioned address. A copy of any application. A competing license storage of 3,410-acre-feet and a surface notice of intent, competing application application must conform with 18 CFR area of 470 acres at an upstream pool 4.30(b) and 4.36. or motion to intervene must also be elevation of 687.55 feet m.s.1.; (2) a Notice of intent—A notice of intent served upon each representative of the powerhouse downstream of the dam must specify the exact name, business Applicant specified in the particular having an installed capacity of 4,000 address, and telephone number of the application. kilowatts; (2) a new transmission line; prospective applicant, and must include Agency Comments—Federal, state, and (3) appurtenant facilities. The an unequivocal statement of intent to and local agencies are invited to file proposed average annual generation is submit, if such an application may be comments on the described application. estimated to be 26 gigawatt hours. The filed, either a preliminary permit A copy of the application may be cost of the studies under the permit will application or a development obtained by agencies directly from the not exceed $1,750,000. application (specify which type of Applicant. If an agency does not file l. Available Locations of Application: application). A notice of intent must be comments within the time specified for A copy of the application is available for served on the applicant(s) named in this filing comments, it will be presumed to inspection and reproduction at the public notice. have no comments. One copy of an Commission’s Public Reference and Proposed Scope of Studies under agency’s comments must also be sent to Files Maintenance Branch, located at Permit—A preliminary permit, if issued, the Applicant’s representatives. 888 First, Street, N.E., Room 2–A, does not authorize construction. The Washington, D.C. 20426, or by calling term of the proposed preliminary permit Linwood A. Watson, Jr., (202) 219–1371. A copy is also available would be 36 months. The work Acting Secretary. for inspection and reproduction at proposed under the preliminary permit [FR Doc. 99–20985 Filed 8–12–99; 8:45 am] Universal Electric Power Corp., Mr. would include economic analysis, BILLING CODE 6717±01±M Ronald S. Feltenberger 1145 Highbrook Federal Register / Vol. 64, No. 156 / Friday, August 13, 1999 / Notices 44217
Street, Akron, Ohio 44301, (330) 535– comments, a protest, or a motion to Weekly receipt of Environmental Impact 7115. A copy of the application may intervene in accordance with the Statements also be viewed or printed by accessing requirements of Rules of Practice and Filed August 02, 1999 Through August the Commission’s website on the Procedure, 18 CFR 385.210, .211, .214. 06, 1999 Internet at www.ferc.fed.us. For In determining the appropriate action to Pursuant to 40 CFR 1506.9. assistance, users may call (202) 208– take, the Commission will consider all EIS No. 990276, Draft EIS, USN/BLM, 2222. protests or other comments filed, but NV, Fallon Naval Air Station (NAS), Preliminary Permit—Anyone desiring only those who file a motion to to file a competing application for Proposal for the Fallon Range intervene in accordance with the Complex Requirements, Federal and preliminary permit for a proposed Commission’s Rules may become a project must submit the competing Private Lands, Churchill, Eureka, party to the proceeding. Any comments, Lander, Mineral, Nye and Washoe application itself, or a notice of intent to protest, or motions to intervene must be file such an application, to the Counties, NV, Due: October 12, 1999, received on or before the specified Contact: Larry Jones (USN) (775) 885– Commission on or before the specified comment date of the particular comment date for the particular 6156 and Terri Knutson (BLM) (775) application. 426–2405. The US Navy’s and US application (see 18 CFR 4.36). Filing and Service of Responsive Department of Interior’s Bureau of Submission of a timely notice of intent Documents—Any filings must bear in Land Management are Joint Lead allows an interested person to file the all capital letters the title Agencies for this Project. competing preliminary permit ‘‘COMMENTS’’, ‘‘NOTICE OF INTENT application no later than 30 days after TO FILE COMPETING APPLICATION’’, EIS No. 990277, Draft EIS, AFS, CO, the specified comment date for the ‘‘COMPETING APPLICATION’’, White River National Forest, Revised particular application. A competing ‘‘PROTEST’’, ‘‘MOTION TO Land and Resource Management Plan, preliminary permit application must INTERVENE’’, as applicable, and the Implementation, Eagle, Garfield, conform with 18 CFR 4.30(b) and 4.36. Project Number of the particular Gunnison, Mesa, Moffat and Pitkin Preliminary Permit—Any qualified application to which the filing refers. Counties, CO, Due: November 05, development application desiring to file Any of the above-named documents 1999, Contact: Martha Ketelle (970) a competing development application must be filed by providing the original 945–2521. must submit to the Commission, on or and the number of copies provided by EIS No. 990278, Draft Supplement, before a specified comment date for the the Commission’s regulations to: The FHW, NY, NY–120/22 Reconstruction particular application, either a Secretary, Federal Energy Regulatory Corridor, from Exits 2 Funding, COE competing development application or a Commission, 888 First Street, N.E., Section 10 and 404 Permits, Town of notice of intent to file such an Washington, D.C. 20426. An additional North Castle, Westchester County, application. Submission of a timely copy must be sent to Director, Division NY, Due: September 27, 1999, notice of intent to file a development of Project Review, Federal Energy Contact: H.J. Brown (518) 472–3616. application allows an interested person Regulatory Commission, at the above- EIS No. 990279, Draft EIS, FHW, NC, to file the competing application no mentioned address. A copy of any US–1 Transportation Improvements, later than 120 days after the specified notice of intent, competing application From Sandhill Road (SR–197) to comment date for the particular or motion to intervene must also be North to Fox Road (SR–1606), application. A competing license served upon each representative of the Funding and COE Section 404 Permit, application must conform with 18 CFR Applicant specified in the particular City of Rockingham, Richmond 4.30(b) and 4.36. County, NC, Due: September 27, 1999, Notice of intent—A notice of intent application. Agency Comments—Federal, state, Contact: Nicholas L. Graf, P.E. (919) must specify the exact name, business and local agencies are invited to file 856–4346. address, and telephone number of the comments on the described application. prospective applicant, and must include EIS No. 990280, Final EIS, FHW, WA, A copy of the application may be an unequivocal statement of intent to Interstate 90 (I–90) South Sammamish obtained by agencies directly from the submit, if such an application may be Plateau Access Road and Sunset Applicant. If an agency does not file filed, either a preliminary permit Interchange Modifications, comments within the time specified for application or a development Construction, COE Section 404 filing comments, it will be presumed to application (specify which type of Permit, Coastal Zone Management have no comments. One copy of an application). A notice of intent must be and NPDES Permits, King County, agency’s comments must also be sent to served on the applicant(s) named in this WA, Due: September 13, 1999, the Applicant’s representatives. public notice. Contact: Gene Fong (360) 753–9413. Proposed Scope of Studies under Linwood A. Watson, Jr., EIS No. 990281, Final EIS, AFS, ID, Permit—A preliminary permit, if issued, Acting Secretary. Eagle Bird Project Area, Timber does not authorize construction. The [FR Doc. 99–20986 Filed 8–12–99; 8:45 am] Harvesting and Road Construction, term of the proposed preliminary permit BILLING CODE 6717±01±M Idaho Panhandle National Forests, St. would be 36-months. The work Joe Ranger District, Shoshone County, proposed under the preliminary permit ID, Due: September 13, 1999, Contact: would include economic analysis, ENVIRONMENTAL PROTECTION Jon Johnson (307) 775–6116. preparation of preliminary engineering AGENCY EIS No. 990282, Draft EIS, DOE, NV, plans, and a study of environmental Geologic Repository for the Disposal [ER±FRL±6245±3] impacts. Based on the results of these of Spent Nuclear Fuel and High-Level studies, the Applicant would decide Environmental Impact Statements; Radioactive Waste, Construction, whether to proceed with the preparation Notice of Availability Operation, Monitoring and Eventually of a development application to Closing a geologic repository at Yucca construct and operate the project. Responsible Agency: Office of Federal Mountain, Nye County, NV, Due: Comments, Protests, or Motions to Activities, General Information (202) February 08, 2000, Contact: Wendy R. Intervene—Anyone may submit 564–7167 OR (202) 564–7153. Dixon (702) 794–5564. 44218 Federal Register / Vol. 64, No. 156 / Friday, August 13, 1999 / Notices
Dated: August 10, 1999. operation of the facility. Overall, the Summary: EPA expressed William D. Dickerson, analyses indicates little difference in the environmental concerns regarding Director, NEPA Compliance Division, Office environmental impacts among potential non compliance with forest of Federal Activities. alternative. standards for open road density, and [FR Doc. 99–21063 Filed 8–12–99; 8:45 am] ERP No. D–FHW–L40211–AK Rating concern regarding regeneration after BILLING CODE 6560±50±P EC2, C Street Corridor Project, timber harvest that may leave many Improvements from O’Malley Road to large forest openings. EPA International Airport Road, NPDES and recommended that the final EIS describe ENVIRONMENTAL PROTECTION COE Section 404 Permits, Municipality water quality/aquatics monitoring that AGENCY of Anchorage, AK. would be required assure efficacy of the Summary: EPA expressed concerns mitigation actions. [ER±FRL±6245±4] related to alternatives evaluated in the ERP No. F–BLM–K65206–NV Caliente Environmental Impact Statements and EIS, air quality impacts, secondary/ Management Framework Plan Regulations; Availability of EPA cumulative effects analysis, and wetland Amendment, Implementation, Comments impacts and mitigation debits analysis. Management of Desert Tortoise Habitat More information has been requested for (Gopherus agassizii), Northeastern Availability of EPA comments the final EIS. Mojave Recovery Unit, Lincoln County, prepared July 19, 1999 Through July 23, ERP No. D–FRC–F03006–00 Rating NV. 1999 pursuant to the Environmental EO2, Independence Pipeline and Market Summary: Review of the Final EIS Review Process (ERP), under section Link Expansion Projects, Construction was not deemed necessary. No formal 309 of the Clean Air Act and section and Operation, Interstate National Gas comment letter was sent to the 102(2)(c) of the National Environmental Pipeline, (Docket Nos. CP97–315–001, preparing agency. Policy Act as amended. Requests for CP97–319–000, CP98–200–000 and ERP No. F–COE–G36148–TX Dallas copies of EPA comments can be directed CP98–540–000), NPDES and COE Floodway Extension, Implementation, to the Office of Federal Activities at Section 404 Permits, IL, IN, MI, OH, PA Trinity River Basin, Flood Damage (202) 564–7167. and NJ. Reduction and Environmental An explanation of the ratings assigned Summary: EPA expressed objections Restoration, Dallas County, TX. to draft environmental impact based on inadequate information in the Summary: The Final EIS adequately statements (EISs) was published in FR following areas: (1) Purposed and Need, responds to EPA comments offered on dated April 09, 1999 (64 FR 17362). (2) Cumulative Impact Analysis, (3) the Draft EIS. Wetlands and mitigation, (4) Upland ERP No. F–COE–L28007–OR Coos Draft EISs forests and mitigation, and (5) Water Bay-North Bend Water Board Water ERP No. D–AFS–J65301–MT Rating Quality. Supply Expansion Project, (Formerly EC2, North Belts Travel Plan/Maypie ERP No. D–UAF–G11038–00 Rating Known as Joe Ney and Upper Pony Confederate Vegetation Restoration EC2, Realistic Bomber Training Creek Reservoirs Expansion Project), Project, Improvements, Helena National Initiative, Improve the B–52 and B–1 COE Section 10 and 404 Permits, Coos Forest, Townsend and Helena Ranger Aircrews Mission Training and County, OR. District, Broadwater, Lewis and Clark Maximize Combat Training Time, Summary: The Final EIS satisfactorily and Meagher County, MT. Barksdale Air Force Base, LA, NM and addresses all of EPA’s concerns and Summary: EPA expressed TX. comments expressed in the draft EIS. environmental concerns regarding the Summary: EPA has identified some ERP No. F–FHW–K40231–AZ Red lack of information and commitment to environmental concerns that need to be Mountain Freeway (Loop 202) carrying out a monitoring program to resolved in the Final EIS to insure and Construction and Operation, between identify actual impacts from all the fully insure compliance with the AR 87 (County Club Drive) and US–60 implementation activities. EPA also requirements of NEPA and the CEQ (Superstition Freeway), Funding, expressed concerned about aerial regulations. EPA specific comments NPDES Permit and COE Section 404 application of herbicides, and suggests focus on the need to provide more Permit, City of Mesa, Maricopa County, the final EIS include recommendations complete analysis of noise impacts and AZ. to reduce adverse impacts from aerial airspace management issues, and to Summary: Review of the Final EIS spraying. provide references and citations to was not deemed necessary. No formal ERP No. D–COE–F36163–00 Rating support the DEIS analysis. comment letter was sent to the EO2, Upper Des Plaines River Flood ERP No. D1–IBR–K39050–CA Rating preparing agency. Damage Reduction Project, ** *, Programmatic—CALFED Bay- ERP No. F–NOA–F61018–MN Recommended Plan to Construction a Delta Program, Develop and Implement Minnesota’s Lake Superior Costal Lateral Storage Area, National Economic Long-Term Comprehensive Plan to Program, Approval and Implementation, Development (NED), Lake County, IL Restore Ecological Health and Improve St. Louis and Cook Counties, MN. and Kenosha and Racine Counties, WI. Water Management, San Francisco Summary: EPA expressed a lack of Summary: EPA expressed objections Bay—Sacramento/San Joaquin River objection to the proposed actions based on the limited scope of analysis Bay-Delta, CA. assessed in the FEIS. and range of alternative, and the Summary: Review of the EIS was not ERP No. F–NRC–J09802–UT Uranium potential significant adverse impacts to deemed necessary. No formal comment Mill Tailings Reclamation at Atlas Site, wetland and water quality. letter was sent to the preparing agency. License Amendment Request for ERP No. D–DOE–G06011–NM Rating existing License No. SUA–917 along the LO, Sandia National Laboratories/New Final EISs Colorado River near Moab, UT. Mexico (SNL), Continue Operation, Site- ERP No. F–AFS–J65299–MT Pinkham Summary: EPA agrees in principle to Wide (DOE/EIS–0281), Albuquerque, Timber Sales and Associated Activities, issue a license amendment to conduct NM. Implementation, Kootenai National preliminary cleanup action. However, Summary: EPA expressed a lack of Forest, Rexford Ranger District, Lincoln EPA continues to have objections to the objection to the continuation of the County, MT. proposed action due to the uncertainty Federal Register / Vol. 64, No. 156 / Friday, August 13, 1999 / Notices 44219 of whether the proposed reclamation of the subject line on the first page of your documents that are physically located in the site will meet the standards response. the docket, as well as the documents necessary to protect an endangered fish FOR FURTHER INFORMATION CONTACT: that are referenced in those documents. species from the leaching of Karen Angulo, Special Review and The public version of the official record contaminants into the Colorado River. Reregistration Division (7508C), Office does not include any information Dated: August 10, 1999. of Pesticide Programs, Environmental claimed as CBI. The public version of William D. Dickerson, Protection Agency, 401 M St., SW., the official record, which includes Director, NEPA Compliance Division, Office Washington, DC 20460; telephone printed, paper versions of any electronic of Federal Activities. number: (703) 308–8004; e-mail address: comments submitted during an [FR Doc. 99–21064 Filed 8–12–99; 8:45 am] [email protected]. applicable comment period, is available SUPPLEMENTARY INFORMATION BILLING CODE 6560±50±P : for inspection in Rm. 119, Crystal Mall I. Does this Action Apply to Me? #2, 1921 Jefferson Davis Hwy., Arlington, VA, from 8:30 a.m. to 4 p.m., ENVIRONMENTAL PROTECTION This action is directed to the public Monday through Friday, excluding legal AGENCY in general, nevertheless, a wide range of holidays. The Public Information and stakeholders will be interested in Records Integrity Branch (PIRIB) [OPP±34161B; FRL±6093±4] obtaining the revised risk assessments telephone number is (703) 305–5805. and submitting risk management Organophosphate Pesticide: Methyl comments on methyl parathion, III. How Can I Respond to this Action? including environmental, human health, Parathion; Availability of Revised Risk A. How and to Whom Do I Submit and agricultural advocates; the chemical Assessments and Public Participation Comments? on Risk Management industry; pesticide users; and members of the public interested in the use of You may submit comments through AGENCY: Environmental Protection pesticides on food. As such, the Agency the mail, in person, or electronically. To Agency (EPA). has not attempted to specifically ensure proper receipt by EPA, you must ACTION: Notice. describe all the entities potentially identify docket control number OPP– affected by this action. If you have any SUMMARY: This notices announces the 34161B in the subject line on the first questions regarding the applicability of page of your response. availability of the revised risk this action to a particular entity, consult assessments and related documents for the person listed in the ‘‘FOR FURTHER 1. By mail. Submit comments to: one organophosphate pesticide, methyl INFORMATION CONTACT’’ section. Public Information and Records parathion. In addition, this notice starts Integrity Branch, Information Resources a 60-day public participation period II. How Can I Get Additional and Services Division (7502C), Office of during which the public is encouraged Information, Including Copies of this Pesticide Programs, Environmental to submit risk management ideas. These Document or Other Related Documents? Protection Agency, 401 M St., SW., actions are in response to a joint A. Electronically Washington, DC 20460. initiative between EPA and the 2. In person or by courier. Deliver Department of Agriculture to increase You may obtain electronic copies of comments to: Public Information and transparency in the tolerance this document and other related Records Integrity Branch, Information reassessment process for documents from the EPA Internet Home organophosphate pesticides. Although Page at http://www.epa.gov/. To access Resources and Services Division methyl parathion is beginning the 60- this document, on the Home Page select (7502C), Office of Pesticide Programs, public participation process, to address ‘‘Laws and Regulations’’ and then look Environmental Protection Agency, Rm. dietary risk from food, the Agency has up the entry for this document under 119, Crystal Mall #2, 1921 Jefferson accepted voluntary cancellation of uses the ‘‘Federal Register—Environmental Davis Hwy., Arlington, VA. The on crops that contributed most to Documents.’’ You can also go directly to Document Control Office (DCO) is open children’s diet. These canceled uses the Federal Register listings at http:// 8 a.m. to 4 p.m., Monday through represent 90% of the dietary risk to www.epa.gov/fedrgstr/. Friday, excluding legal holidays. The children. Removal of these crops brings To access information about PIRIB telephone number is (703) 305– the acute dietary risk from food to below organophosphate pesticides and obtain 5805. electronic copies of the revised risk levels of concern (78% of the 3. Electronically. Submit electronic assessments and related documents population adjusted dose). The comments by e-mail to: ‘‘opp- mentioned in this notice, you can also agreement was signed and became [email protected],’’ or you may mail or go directly to the Home Page for the effective August 2, 1999, with the basic deliver your standard computer disk producers of methyl parathion. Office of Pesticide Programs (OPP) at http://www.epa.gov/pesticides/op/. using the addresses in this unit. Do not DATES: Comments, identified by docket submit any information electronically control number OPP–34161B, must be B. In Person that you consider to be CBI. Electronic received by EPA on or before October The Agency has established an official comments must be submitted as an 12, 1999. record for this action under docket ASCII file, avoiding the use of special ADDRESSES: Comments may be control number OPP–34161B. The characters and any form of encryption. submitted by mail, electronically, or in official record consists of the documents Comments and data will also be person. Please follow the detailed specifically referenced in this action, accepted on standard computer disks in instructions for each method as any public comments received during WordPerfect 5.1/6.1 or ASCII file provided in Unit III. of the an applicable comment period, and format. All comments in electronic form ‘‘SUPPLEMENTARY INFORMATION’’ other information related to this action, must be identified by the docket control section. To ensure proper receipt by including any information claimed as number OPP–34161B. Electronic EPA, it is imperative that you identify Confidential Business Information (CBI). comments may also be filed online at docket control number OPP–34161B in This official record includes the many Federal Depository Libraries. 44220 Federal Register / Vol. 64, No. 156 / Friday, August 13, 1999 / Notices
B. How Should I Handle CBI 43175) (FRL–6024–3), December 18, notice, for interested parties to provide Information that I Want to Submit to the 1998 (63 FR 70126) (FRL–6052–6), and written risk management ideas to the Agency? January 15, 1999 (64 FR 2644) (FRL– Agency on the chemical specified in Do not submit any information 6056–9), through notices in the Federal this notice. The public may comment on electronically that you consider to be Register. the Agency’s risk management position, To address dietary risk from food, the CBI. You may claim information that which will be reflected in the Agency has accepted voluntary you submit to EPA in response to this documents associated with the revised cancellation of uses on crops that document as CBI by marking any part or risk assessments. contributed most to children’s diet. all of that information as CBI. EPA will provide other opportunities These canceled uses represent 90% of Information so marked will not be for public participation and comment the dietary risk to children. Removal of disclosed except in accordance with on issues associated with the these crops brings the acute dietary risk procedures set forth in 40 CFR part 2. organophosphate tolerance reassessment from food to below levels of concern In addition to one complete version of program. Failure to participate or (78% of the population adjusted dose). the comment that includes any comment as part of this opportunity will The agreement was signed August 2, information claimed as CBI, a copy of in no way prejudice or limit a 1999, with the basic producers of the comment that does not contain the commentor’s opportunity to participate methyl parathion. Specific terms of the information claimed as CBI must be fully in later notice and comment agreement include: submitted for inclusion in the public processes. All comments and proposals Canceled uses—children’s food: All must be received by EPA on or before version of the official record. fruit uses (apples, cherries, grapes, Information not marked confidential October 12, 1999 at the addresses given nectarines, peaches, pears, and plums); under the ‘‘ADDRESSES’’ section. will be included in the public version carrots, succulent beans, succulent peas, of the official record without prior Comments and proposals will become and tomatoes; part of the Agency record for the notice. If you have any questions about Other canceled food uses: Artichokes, CBI or the procedures for claiming CBI, organophosphate specified in this broccoli, brussels sprouts, cauliflower, notice. please consult the person listed in the celery, collards, kale, kohlrabi, lettuce, ‘‘FOR FURTHER INFORMATION mustard greens, rutabagas, spinach, and List of Subjects CONTACT’’ section. turnips; Environmental protection, Chemicals, IV. What Action is EPA Taking in this Canceled non-food uses: Ornamental Pesticides and pests. plants, grasses grown for seed, mosquito Notice? Dated: August 6, 1999. use, and nursery stock. EPA is making available for public Uses remaining: Alfalfa, almonds, Lois Rossi, viewing the revised risk assessments barley, beets, cabbage, corn, cotton, and related documents for one dried beans, dried peas, grass, hops, Director, Special Review and Reregistration organophosphate, methyl parathion. lentils, oats, onions, pecans, rape seed, Division, Office of Pesticide Programs. These documents have been developed sugar (canola), rice, rye, soybeans, as part of the pilot public participation [FR Doc. 99–20873 Filed 8–12–99; 8:45 am] sunflower, sweet potato, walnuts, BILLING CODE 6560±50±F process that EPA and USDA are now wheat, and white potato. using for involving the public in the The cancellation of uses will take reassessment of pesticide tolerances effect prior to the next growing season. ENVIRONMENTAL PROTECTION under the Food Quality Protection Act Methyl parathion application for the AGENCY (FQPA), and the reregistration of canceled uses will be prohibited for the individual organophosphate pesticides 2000 growing season. [FRL±6421±2] under the Federal Insecticide, Also, risk to handlers and re-entry Petroleum Products Superfund Site; Fungicide, and Rodenticide Act workers exceed the Agency’s level of Notice of Proposed De Minimis (FIFRA). The pilot public participation concern. Cancellation of all fruits and Settlement process was developed as part of the many vegetables will reduce risks to EPA-USDA Tolerance Reassessment workers. For many of the remaining AGENCY: Environmental Protection Advisory Committee (TRAC), which uses, methyl parathion is applied Agency. was established in April 1998, as a aerially and these crops are typically not ACTION: Notice of proposed de minimis subcommittee under the auspices of hand-harvested. Also, per the settlement. EPA’s National Advisory Council for agreement, all non-agricultural uses of Environmental Policy and Technology. methyl parathion will be canceled. Prior SUMMARY: Under Section 122(g)(4) of the A goal of the pilot public participation to the next growing season, registrants Comprehensive Environmental process is to find a more effective way have agreed to increase the reentry Response, Compensastion and Liability for the public to participate at critical intervals to 4–5 days from 2 days. Act (CERCLA), the Environmental junctures in the Agency’s development For the 2001 growing season, the Protection Agency (EPA) has offered a of organophosphate risk assessments registrants have agreed to use enclosed de minimis settlement at the Petroleum and risk management decisions. EPA cabs and cockpits, and closed mixing Products Superfund Site (Site) under an and USDA began implementing this and loading systems. Registrants will Administrative Order on Consent (AOC) pilot process in August 1998, to increase also generate data to address to settle claims for past and future transparency and opportunities for uncertainties in the Agency’s response costs at the Site. stakeholder consultation. The occupational risk assessment. Approximately 300 parties have documents being released to the public In addition, this notice starts a 60-day returned signature pages accepting through this notice provide information public participation period during EPA’s settlement offer. Of these parties, on the revisions that were made to the which the public is encouraged to eight major oil companies are also methyl parathion preliminary risk comment on risk management for settling on behalf of approximately 1120 assessments, which where released to methyl parathion. The Agency is of their branded service stations that the public August 10, 1998 (63 FR providing an opportunity, through this sent waste oil to the Site. EPA will Federal Register / Vol. 64, No. 156 / Friday, August 13, 1999 / Notices 44221 consider public comments on the proceeding. Class II proceedings under U.S.C. 552b), notice is hereby given that proposed settlement for thirty days. EPA Section 311(b)(6) of the Clean Water Act at 10 a.m. on Tuesday, August 10, 1999, may withdraw from or modify the are conducted in accordance with the the Board of Directors of the Federal proposed settlement should such ‘‘Consolidated Rules of Practice Deposit Insurance corporation met in comments disclose facts or Governing the Administrative closed session to consider matters considerations which indicate the Assessment of Civil Penalties and the relating to the Corporation’s corporate, proposed settlement is inappropriate, Revocation and Suspension of Permits insurance, and supervisory activities. improper, or inadequate. Copies of the at 40 CFR Part 22 (‘‘Part 22’’)’’. In calling the meeting, the Board proposed settlement are available from: Pursuant to Section 311(b)(6)(C) of the determined, on motion of Vice Ms. Paula V. Batchelor, U.S. Clean Water Act, 33 U.S.C. Chairman Andrew C. Hove, Jr., Environmental Protection Agency, 1321(b)(6)(C), EPA is providing public seconded by Ms. Carolyn Buck, acting Region IV, Waste Management Division, notice of the following proposed Class in the place and stead of Ellen S. 61 Forsyth Street, SW, Atlanta, Georgia II penalty proceeding initiated by the Seidman (Director, Office of Thrift 30303, (404) 562–8887. Oil Program, Superfund Division, U.S. Supervision), concurred in by Director Written comment may be submitted to EPA, Region 9, 75 Hawthorne Street, John D. Hawke, Jr. (Comptroller of the Mr. Greg Armstrong at the above San Francisco, CA 94105: Currency), and Chairman Donna address within 30 days of the date of In the Matter of Union Pacific Tanoue, that Corporation business publication. Railroad Company (UPRR); Docket required its consideration of the matters on less than seven days’ notice to the Dated: August 3, 1999. Number OPA–09–99–01, filed July 21, 1999; proposed penalty $125,000.00; for public; that the public interest did not Franklin E. Hill, a violations of 311(b) and 311(j) of the require consideration of the matters in Chief, Program Services Branch, Waste Clean Water Act, 33 U.S.C. 1321(b) and a meeting open to public observation; Management Division. 33 U.S.C. 1321(j), at UPRR’s Norden and that the matters could be [FR Doc. 99–21014 Filed 8–12–99; 8:45 am] Snowshed located at Milemarker 192.0, considered in a closed meeting by BILLING CODE 6560±50±M Roseville Subdivision in Norden, authority of subsections (c)(2), (c)(4), California. (c)(6), (c)(8), and (c)(9)(A)(ii) of the The procedures by which the public ‘‘Government in the Sunshine Act’’ (5 ENVIRONMENTAL PROTECTION may submit written comments on a U.S.C. 552b(c)(2), (c)(4), (c)(6), (c)(8), AGENCY proposed Class II penalty order or and (c)(9)(A)(ii)). [FRL±6421±23] participate in a Class II penalty The meeting was held in the Board proceeding are set forth in Part 22. The Room of the FDIC Building located at Notice of Proposed Assessment of deadline for submitting public comment 550–17th Street, NW., Washington, DC. Clean Water Act Class II Administrative on a proposed Class II order is thirty Dated: August 10, 1999. Penalty and Opportunity to Comment days after issuance of public notice. Federal Deposit Insurance Corporation. EPA is providing notice of a proposed FOR FURTHER INFORMATION CONTACT: James D. LaPierre, administrative penalty for alleged Persons wishing to receive a copy of Deputy Executive Secretary. violations of the Clean Water Act. EPA Part 22, review the Complaint or other [FR Doc. 99–21113 Filed 8–11–99; 11:02 am] is also providing notice of opportunity documents filed by the parties in this BILLING CODE 6714±01±M to comment on the proposed penalty. proceeding, comment upon the EPA is authorized under Section proposed penalty assessment, or 311(b)(6) of the Clean Water Act, 33 participate in any hearing that may be FEDERAL RESERVE SYSTEM U.S.C. 1321(b)(6), to assess a civil held, should contact the Danielle Carr, penalty after providing the person Regional Hearing Clerk (ORC–1), U.S. Sunshine Act Meeting subject to the penalty notice of the EPA, Region 9, 75 Hawthorne Street, AGENCY HOLDING THE MEETING: Board of proposed penalty and the opportunity San Francisco, CA 94105, (415) 744– 1391. Documents filed as part of the Governors of the Federal Reserve for a hearing, and after providing System. interested persons public notice of the public record in this proceeding are TIME AND DATE: proposed penalty and a reasonable available for inspection during business Approximately 10:30 opportunity to comment on its issuance. hours at the office of the Regional a.m., Wednesday, August 18, 1999, Under Section 311(b)(6), any owner, Hearing Clerk. following a recess at the conclusion of operator, or person in charge of a vessel, In order to provide opportunity for the open meeting. onshore facility, or offshore facility from public comment, EPA will not take final PLACE: Marriner S. Eccles Federal which oil is discharged in violation of action in this proceeding prior to thirty Reserve Board Building, 20th and C Section 311(b)(3) of the Clean Water days after issuance of this notice. Streets, N.W., Washington, D.C. 20551. Act, 33 U.S.C. 1321(b)(3) may be Dated: July 20, 1999. STATUS: Closed. administratively assessed a civil penalty Keith A. Takata, MATTERS TO BE CONSIDERED: 1. Personnel actions (appointments, of up to $137,500 by EPA in a ‘‘Class II’’ Director, Superfund Division, EPA Region 9. administrative penalty proceeding. In promotions, assignments, [FR Doc. 99–20999 Filed 8–12–99; 8:45 am] addition, under Section 311(b)(6), any reassignments, and salary actions) owner, operator, or person in charge of BILLING CODE 6560±50±P involving individual Federal Reserve a vessel, onshore facility, or offshore System employees. facility in violation of the regulations 2. Any matters carried forward from a issued under Section 311(j) of the Clean FEDERAL DEPOSIT INSURANCE previously announced meeting. Water Act, 33 U.S.C. 1321(j), (‘‘Oil CORPORATION CONTACT PERSON FOR MORE INFORMATION: Lynn S. Fox, Assistant to the Board; Pollution Prevention Regulations’’—40 Sunshine Act Meeting CFR part 112) may be assessed a civil 202–452–3204. penalty of up to $137,500 by EPA in a Pursuant to the provisions of the SUPPLEMENTARY INFORMATION: You may ‘‘Class II’’ administrative penalty ‘‘Government in the Sunshine Act’’ (5 call 202–452–3206 beginning at 44222 Federal Register / Vol. 64, No. 156 / Friday, August 13, 1999 / Notices approximately 5 p.m. two business days will be available for listening in the Board’s identifies occupational safety and health before the meeting for a recorded Freedom of Information Office, and copies hazards, the Institute also develops announcement of bank and bank may be ordered for $6 per cassette by calling recommendations for controlling those holding company applications 202–452–3684 or by writing to: Freedom of hazards. In some cases, NIOSH Information Office, Board of Governors of the scheduled for the meeting; or you may Federal Reserve System, Washington, D.C. distributes these recommendations contact the Board’s Web site at http:// 20551. about the hazard directly to affected www.federalreserve.gov for an workplaces. CONTACT PERSON FOR MORE INFORMATION: electronic announcement that not only Lynn S. Fox, Assistant to the Board; One way that NIOSH accomplishes lists applications, but also indicates 202–452–3204. this is through the Alert. The Alert is procedural and other information about usually a six to ten page document that the meeting. SUPPLEMENTARY INFORMATION: You may call 202–452–3206 for a recorded outlines the causes and detection of the Dated: August 11, 1999. announcement of this meeting; or you hazard and recommendations for Robert deV. Frierson, may contact the Board’s Web site at controlling the risk to workers. One of Associate Secretary of the Board. http://www.federalreserve.gov for an the central goals of the Alert is to [FR Doc. 99–21116 Filed 8–11–99; 11:02 am] electronic announcement. (The Web site educate employers and encourage them to take steps to reduce the risks to their BILLING CODE 6210±01±P also includes procedural and other information about the open meeting.) workers. It is also important that the recommendations in the Alert provide FEDERAL RESERVE SYSTEM Dated: August 11, 1999. them with sufficient information. Robert deV. Frierson, The Alert chosen for this study Sunshine Act Meeting Associate Secretary of the Board. concerns the risk of needlestick injuries [FR Doc. 99–21117 Filed 8–11–99; 11:02 am] AGENCY HOLDING THE MEETING: Board of (NSI) to health care workers. Although Governors of the Federal Reserve BILLING CODE 6210±01±P there is not precise information about System. the frequency of NSI in the United TIME AND DATE: 10:00 a.m., Wednesday, States, it has been estimated that DEPARTMENT OF HEALTH AND August 18, 1999. approximately 800,000 of these injuries PLACE: Marriner S. Eccles Federal HUMAN SERVICES occur each year. As a result of NSI, Reserve Board Building, C Street health care workers can be exposed to Centers for Disease Control and HIV, and the Hepatitis B and C viruses. entrance between 20th and 2lst Streets, Prevention N.W., Washington, D.C. 20551. It is believed that the incidence of NSI account for the majority of occupational STATUS: Open. [30 DAY±18±99] transmission of these pathogens to MATTERS TO BE CONSIDERED: Agency Forms Undergoing Paperwork health care workers. Discussion Agenda Reduction Act Review In the proposed study, NIOSH will 1. Electronic delivery of federally The Centers for Disease Control and send the Alert to one of two individuals mandated disclosures: (a) proposed Prevention (CDC) publishes a list of with formal responsibility for employee rules for public comment authorizing information collection requests under health and safety in hospitals—Directors the electronic delivery of disclosures review by the Office of Management and of Infection Control and Directors of required by Regulations B (Equal Credit Budget (OMB) in compliance with the Health and Safety. NIOSH will then Opportunity) (proposed earlier for Paperwork Reduction Act (44 U.S.C. follow-up with a randomly selected public comment; Docket No. R–1006); E Chapter 35). To request a copy of these sample of hospitals at two points in (Electronic Fund Transfers) (interim requests, call the CDC Reports Clearance time. The recipient of the Alert will be rule published earlier with request for Officer at (404) 639–7090. Send written interviewed two to six weeks after the comment; Docket No. R–1002); M comments to CDC, Desk Officer; Human Alert was sent and ten to fourteen weeks (Consumer Leasing) (proposed earlier Resources and Housing Branch, New later, the other key individual will be for public; Docket No. R–1004; Z (Truth Executive Office Building, Room 10235; interviewed. in Lending) (proposed earlier for public Washington, DC 20503. Written Broadly, the goals of the study are to: comment; Docket No. R–1005); and DD comments should be received within 30 (1) assess whether, and under what (Truth in Savings) (proposed earlier for days of this notice. circumstances, the Alert encourages public comment; Docket No. R–1003); employers to adopt control measures, and (b) proposed interim rule under Proposed Projects and (2) ascertain whether the Regulation DD permitting depository 1. Evaluation of the Needlestick Injury information in the Alert assists institutions to provide periodic account Alert—NEW—The mission of the employers in implementing control activity statements electronically. National Institute of Occupational measures. Overall, the hope is that the 2. Any items carried forward from a Safety and Health (NIOSH)is to promote study will reveal ways of making the previously announced meeting. ‘‘safety and health at work for all people Alert a more effective tool for primary Note: This meeting will be recorded for the through research and prevention.’’ prevention. The total burden hours are benefit of those unable to attend. Cassettes NIOSH not only investigates and 294.
No. of Respondents No. of responses/re- Avg. burden respondents spondent per response
Directors of Infection Control ...... 450 1 0.3333 Directors of Health and Safety ...... 450 1 0.3333 Federal Register / Vol. 64, No. 156 / Friday, August 13, 1999 / Notices 44223
Dated: August 9, 1999. National Institute of Occupational hearing loss. First, wherever possible, Nancy Cheal, Safety and Health (NIOSH) is to engineering controls have to be Acting Associate Director for Policy, Planning promote ‘‘safety and health at work for implemented at the source of the and Evaluation Centers for Disease Control all people through research and hazardous noise. Second, workers have and Prevention (CDC). prevention.’’ NIOSH investigates and to be educated about hazardous levels of [FR Doc. 99–20944 Filed 8–12–99; 8:45 am] identifies occupational safety and health noise and what they can do to prevent BILLING CODE 4163±18±P hazards and conducts a variety of hearing loss. This study falls into the activities, including educational latter category. programs with workers, to help prevent The study is required because past DEPARTMENT OF HEALTH AND work-related illness and injury. efforts at educating coal miners about HUMAN SERVICES One of the most widespread, but often hearing loss have had only mixed overlooked, occupational hazards is success. Hearing loss occurs without Centers for Disease Control and noise. As a result, hearing loss is the pain or obvious physical abnormalities, Prevention most common occupational disease in so it has been difficult to create a sense the United States today. More than 30 [30 DAY±20±99] of urgency about this problem among million workers are exposed to workers. NIOSH has to identify new and Agency Forms Undergoing Paperwork hazardous noise levels. more effective ways of promoting The risk of hearing loss is particularly Reduction Act Review hearing conservation behaviors. high in certain occupations. Research The Centers for Disease Control and shows that more than 90 percent of coal In this study, NIOSH proposes Prevention (CDC) publishes a list of miners will experience moderate to working with the United Mine Workers information collection requests under significant hearing loss by the time they of America, and experts in health review by the Office of Management and reach retirement. This level of hearing communication, to test the effectiveness Budget (OMB) in compliance with the loss has a number of negative of several innovative approaches to Paperwork Reduction Act (44 U.S.C. implications for both the affected communicating risk and promoting safer Chapter 35). To request a copy of these individual and others: (1) Impaired behaviors. Different messages will be requests, call the CDC Reports Clearance communication with family members, sent to five different groups of coal Officer at (404) 639–7090. Send written friends, and coworkers can result in miners. All participants will receive comments to CDC, Desk Officer; Human social isolation; (2) Unrelenting tinnitus some beneficial information. The Resources and Housing Branch, New (ringing in the ears) can significantly researchers will follow up with these Executive Office Building, Room 10235; lower one’s quality of life; (3) a groups at two different points in time to Washington, DC 20503. Written diminished ability to monitor the work assess the relative effectiveness of the comments should be received within 30 environment (including warning messages. days of this notice. signals, etc.) increases the risk of The central purpose of this study is to accidents and further injury at the promote hearing conservation among Proposed Project workplace; and finally, (4) there are coal miners. However, NIOSH believes The Role of Positive and Negative economic costs that result from workers that the results of this study will help Emotion in Promoting Hearing compensation and lower productivity. in similar efforts with other worker Conservation Behaviors Among Coal NIOSH believes that there are two populations. The total burden hours are Miners—New—The mission of the broad strategies for reducing the risk of 340.
No. of Avg. burden Respondents No. of responses/ per response respondents respondent (in hrs.)
Coal Miners in Pretest ...... 80 1 .5 Coal Miners in Study ...... 300 2 .5
2. Measurement of Stress and area. Subjects will be recruited from the methodology developed and used Stressful Life Events in Black Women of flyers, newspaper announcements, for conducting reliability and validity Reproductive Age (0920–0356)— hospitals and clinics in the metropolitan tests. Approximately one half of the Reinstatement—National Center for Atlanta area. Subjects will be screened women will be pregnant at the time of Chronic Disease Prevention and Health and selected based on age (18–30 or 31– data collection. Promotion. A review of studies of 45 years), years of education (12, 13–15, Women enrolled in the study respond psycho-social factors and adverse 16 or more), and pregnancy status to a series of face-to-face and self- pregnancy outcome supports the (pregnant, not pregnant). A maximum of administered demographic and psycho- hypothesis that high levels of exposure thirty women will be selected for each social questionnaires. Women are also to stressful life experiences put black combination of age, education and asked to provide a saliva sample so that women at increased risk for adverse pregnancy status. The minimum age for we can correlate reported levels of stress reproductive outcome, particularly Pre- participation will be 18 to avoid the with biological measures of stress. Term Delivery (PTD) and Very Low complications due to requirement of Participation in this study is Birth Weight (VLBW). The purpose of parental consent. Women will be voluntary and participants will receive this study is to evaluate the reliability excluded if they use illicit drugs, such compensation for their time. A written and validity of existing instruments that as heroin, cocaine and marijuana informed consent will be obtained and measure stress and stressful life events because these substances may alter the oversight will be provided by local in black women of reproductive age. metabolism of cortisol. The contact, institutional review board. Eligible subjects will be black women timing and spacing of the interviews This project should take two years. who live in the Atlanta metropolitan and laboratory collection are based on One hundred fifteen (115) women will 44224 Federal Register / Vol. 64, No. 156 / Friday, August 13, 1999 / Notices participate only in the validity study potential sites for recruiting women for Self Evaluation Questionnaire) will be and thirty-nine (39) women will the study. During the next nine months, completed. Scoring for the qualitative participate in the validity and reliability all of the interviews (approximately 115 instruments (i.e., Structured Event study. The validity study requires one validity subjects and 39 reliability Probe and Narrative Rating Method interview and one salivary sample. The subjects remaining) will be conducted (SEPRATE) and Life Events and reliability study requires a second and data entry of the quantitative Difficulties Schedule (LEDS) will be interview and a second salivary instruments (i.e., Demographic Lifestyle initiated during year 1, but the bulk of specimen, approximately two weeks Questionnaire, Cohen Perceived Stress the qualitative scoring will be after the first interview. Scale, Life Experience Survey (LES), completed during Year 2. The data entry During the first three months of the ARIC/BAECKE Questionnaire of of the qualitative date will be completed study, the Project Director will set up Habitual Physical Activity, Center for during Year 2. Preliminary analyzes will the office, hire staff and student Epidemiologic Studies Depression Scale be conducted during Year 2, with the assistants and provide interviewer and (CES–D), Profile of Mood States, data entry training. The Project Director Multiple Affect Adjustive Checklist, technical assistance of CDC. The total will also make contacts and explore Speilberger Trait Anxiety Inventory— burden hours are 579.
No. of Avg. burden/ Respondents No. of responses/ response (in respondents respondent hrs.)
Reliability Study Group ...... 39 2 3 Validity Study Group ...... 115 1 3
Dated: August 9, 1999. Dated: August 9, 1999. Contact Person for More Information: Nancy Cheal, Carolyn J. Russell, Paulette Ford, Committee Management Acting Associate Director for Policy, Planning Director, Management Analysis and Services Analyst, National Center for HIV, STD, and and Evaluation Centers for Disease Control Office Centers for Disease Control and TB Prevention, 1600 Clifton Road, NE, M/S and Prevention (CDC). Prevention. E–07, Atlanta, Georgia 30333. Telephone 404/639–8008, fax 404/639–8600, e-mail [FR Doc. 99–20945 Filed 8–12–99; 8:45 am] [FR Doc. 99–20943 Filed 8–12–99; 8:45 am] [email protected]. BILLING CODE 4163±18±P BILLING CODE 4163±18±P The Director, Management Analysis and Services Office, has been delegated the authority to sign Federal Register Notices DEPARTMENT OF HEALTH AND DEPARTMENT OF HEALTH AND pertaining to announcements of meetings and HUMAN SERVICES HUMAN SERVICES other committee management activities, for both the Centers for Disease Control and Centers for Disease Control and Centers for Disease Control and Prevention and the Agency for Toxic Prevention Prevention Substances and Disease Registry. Dated: August 9, 1999. National Vaccine Advisory Committee, CDC Advisory Committee on HIV and Carolyn J. Russell, Centers for Disease Control and STD Prevention: Meeting Director, Management Analysis and Services Prevention: Notice of Charter Renewal In accordance with section l0(a)(2) of Office, Centers for Disease Control and the Federal Advisory Committee Act Prevention. This gives notice under the Federal [FR Doc. 99–20949 Filed 8–12–99; 8:45 am] Advisory Committee Act (Pub. L. 92– (Pub. L. 92–463), the Centers for Disease BILLING CODE 4163±18±P 463) of October 6, 1972, that the Control and Prevention (CDC) National Vaccine Advisory Committee, announces the following committee meeting. Centers for Disease Control and DEPARTMENT OF HEALTH AND Prevention, of the Department of Health Name: CDC Advisory Committee on HIV HUMAN SERVICES and Human Services, has been renewed and STD Prevention. for a 2-year period extending through Time and Date: 8:30 a.m.–5 p.m., Centers for Disease Control and July 30, 2001. September 2, 1999. Prevention Place: Hyatt Regency Atlanta Hotel, Hong FOR FURTHER INFORMATION CONTACT: Kong Conference Room, 265 Peachtree Street, The National Institute for Occupational Robert F. Breiman, M.D., Executive NE Atlanta, Georgia 30333. Safety and Health (NIOSH) of the Secretary, National Vaccine Advisory Status: Open to the public, limited only by Centers for Disease Control and Committee, Centers for Disease Control the space available. The meeting room will Prevention (CDC) Announces the and Prevention, 1600 Clifton Road, NE, accommodate approximately 32 people. Purpose: This Committee is charged with Following Meeting (A–11), Atlanta, Georgia 30333, advising the Director, CDC, regarding telephone 404/639–4452 or fax 404/ objectives, strategies, and priorities for HIV NAME: Peer Review meeting on the 639–3036. and STD prevention efforts including NIOSH research study entitled The Director, Management Analysis maintaining surveillance of HIV infection, ‘‘Evaluation of ‘Best Practices Back and Services office has been delegated AIDS, and STDs, the epidemiologic and Injury Prevention Program’ in Nursing laboratory study of HIV/AIDS and STDs, to the authority to sign Federal Register Homes.’’ notices pertaining to announcements of prevent the spread of HIV and STDs, and other preventive measures that become meetings and other committee TIME AND DATE: 8:30 a.m.–12 p.m., available. September 24, 1999. management activities, for both the Matters to be Discussed: Agenda items Centers for Disease Control and include issues pertaining to CDC’s HIV LOCATION: National Institute for Prevention and the Agency for Toxic Prevention budget. Agenda items are subject Occupational Safety and Health, Prete Substances and Disease Registry. to change as priorities dictate. Building, Large Conference Room, 3040 Federal Register / Vol. 64, No. 156 / Friday, August 13, 1999 / Notices 44225
University Avenue, Morgantown, West Committee on Microbiological Criteria described and preliminary conclusions Virginia 26505–2888. for Foods, in cooperation with the Food drawn. The scientific inferences and STATUS: Open to the public, limited only Safety and Inspection Service, U.S. models that can be made from the by the space available. The meeting Department of Agriculture (FSIS/USDA) completed search and analysis of room accommodates approximately 50 is announcing a public meeting to epidemiology and dose-response people. discuss issues related to the risk information will be presented. The risk PURPOSE: To provide a peer review of assessment models under development assessment team will request comments the draft research protocol for a study to examine the relationship between on the approaches and analyses on a back injury prevention program Listeria monocytogenes and human presented and on any additional among nursing home workers. health. The sponsoring agencies invite analyses that should be performed.–– Participants will provide NIOSH with comments on issues related to this The sponsoring agencies encourage comments regarding the technical and meeting. individuals with relevant scientific data scientific aspects of the study protocol, DATES: The public meeting will be held or information to present such ‘‘Evaluation of a ‘Best Practices Back on Thursday, September 23, 1999, from information at the meeting or in written Injury Prevention Program’ in Nursing 8 a.m. to 5 p.m. Submit registration and comments to this record.– Homes.’’ written notices of participation by A transcript of the public meeting will be prepared. Copies of the transcript MATTERS TO BE DISCUSSED: The agenda September 13, 1999. Submit written will include a presentation/overview of comments by October 25, 1999. may be requested in writing from the the study; followed by comments on the ADDRESSES: The public meeting will be Freedom of Information Office (HFI–35), technical and scientific aspects of the held at The Washington Plaza Hotel, 10 Food and Drug Administration, 5600 planned research. Viewpoints and Thomas Circle, NW., at Massachusetts Fishers Lane, rm. 12A–16, Rockville, suggestions from industry, labor, Ave. and 14th St., Washington, DC. MD 20857, approximately 15 working academia, other government agencies, Submit registration and written notices days after the meeting. and the public are invited. Written of participation to Catherine M. The transcript of the public meeting comments will also be considered. DeRoever (address below). Submit and submitted comments will be written comments to the Dockets available for public examination at the CONTACT PERSON FOR ADDITIONAL Dockets Management Branch (address INFORMATION: James W. Collins, Ph.D., Management Branch (HFA–305), Food and Drug Administration, 5630 Fishers above) between 9 a.m. and 4 p.m., Project Officer, Division of Safety Monday through Friday. Research, NIOSH, CDC, M/S P–1133, Lane, rm. 1061, Rockville, MD 20852. 1095 Willowdale Road, Morgantown, Two copies of any comments are to be Dated: August 6, 1999. West Virginia, 26505–2888. Telephone submitted, except that individuals may Margaret M. Dotzel, (304) 285-5998, E-mail [email protected]. submit one copy. Comments are to be Acting Associate Commissioner for Policy. Copies of the draft protocol may be identified with the docket number found in brackets in the heading of this [FR Doc. 99–20990 Filed 8–12–99; 8:45 am] obtained by contacting Dr. Collins. BILLING CODE 4160±01±F The Director, Management Analysis document. and Services office has been delegated FOR FURTHER INFORMATION CONTACT: the authority to sign Federal Register Catherine M. DeRoever, Advisory DEPARTMENT OF HEALTH AND notices pertaining to announcements of Committee Office (HFS–22), Center for HUMAN SERVICES± meetings and other committee Food Safety and Applied Nutrition, management activities, for both the Food and Drug Administration, 200 C Food and Drug Administration Centers for Disease Control and St. SW., Washington, DC 20204, 202– Prevention and the Agency for Toxic 205–4251, FAX 202–205–4970, or e- [Docket No. 99N±0438] Substances and Disease Registry. mail ‘‘[email protected]’’. Dated: August 9, 1999. Those persons interested in attending Bare-Hand Contact of Ready-to-Eat the public meeting should, by Foods Carolyn J. Russell, September 13, 1999, fax their name, Director, Management Analysis and Services title, firm name, address, and telephone AGENCY: Food and Drug Administration, Office Centers for Disease Control and HHS. Prevention. number to Catherine M. DeRoever (fax number above).– ACTION: Notice of public meeting; [FR Doc. 99–20948 Filed 8–12–99; 8:45 am] Those persons interested in request for comments. BILLING CODE 4160±19±P presenting information at the public SUMMARY: meeting should, by September 13, 1999, The Food and Drug fax their name, title, firm name, address, Administration (FDA), Center for Food DEPARTMENT OF HEALTH AND telephone number, and an outline of Safety and Applied Nutrition, in HUMAN SERVICES± their presentation to Catherine M. conjunction with the National Advisory Committee on Microbiological Criteria Food and Drug Administration DeRoever (fax number above).– There is no registration fee for this for Foods (the committee), and in [Docket No. 99N±1168] public meeting, but advance registration cooperation with the Food Safety and is suggested. Interested persons are Inspection Service, U.S. Department of Public Health Impact of Foodborne encouraged to register early because Agriculture is announcing a public Listeria Monocytogenes space may be limited. meeting to discuss issues related to the AGENCY: Food and Drug Administration, SUPPLEMENTARY INFORMATION: This contamination of ready-to-eat foods in HHS. public meeting will provide an retail establishments. The sponsoring agencies invite comments on this issue ACTION: Notice of public meeting. opportunity for an open discussion of the initial calculations of the L. at the request of the Conference for Food SUMMARY: The Food and Drug monocytogenes risk assessment. The Protection. Administration (FDA), Center for Food integrating of food groups, L. DATES: The public meeting will be held Safety and Applied Nutrition, in monocytogenes presence in foods and on Tuesday, September 21, 1999, from conjunction with the National Advisory food consumption data will be 8 a.m. to 5 p.m., and on Wednesday, 44226 Federal Register / Vol. 64, No. 156 / Friday, August 13, 1999 / Notices
September 22, 1999, from 8 a.m. to or minimize risks associated with bare- Two copies of any comments are to be 12:30 p.m. Registration and written hand contact of ready-to-eat foods) to submitted, except that individuals may notices of participation must be present such information at the meeting submit one copy. Comments are to be submitted by September 13, 1999. or in written comments to this record. identified with the docket number ADDRESSES: The public meeting will be –A transcript of the public meeting found in brackets in the heading of this held at The Washington Plaza Hotel, 10 will be prepared. Copies of the document. transcript may be requested in writing Thomas Circle NW., at Massachusetts FOR FURTHER INFORMATION CONTACT: from the Freedom of Information Office Ave. and 14th St., Washington, DC. Catherine M. DeRoever, Advisory (HFI–35), Food and Drug Submit registration and written notices Committee Office (HFS–22), Center for Administration, 5600 Fishers Lane, rm. of participation to Catherine M. Food Safety and Applied Nutrition, 12A–16, Rockville, MD 20857, DeRoever (address below). Submit Food and Drug Administration, 200 C approximately 15 working days after the written comments to the Dockets St. SW., Washington, DC 20204, 202– meeting. The transcript of the public Management Branch (HFA–305), Food 205–4251, FAX 202–205–4970, or e- meeting and submitted comments will and Drug Administration, 5630 Fishers mail ‘‘[email protected]’’. Lane, rm. 1061, Rockville, MD 20852. be available for public examination at Those persons interested in attending Two copies of any comments are to be the Dockets Management Branch the public meeting should, by submitted, except that individuals may (address above) between 9 a.m. and 4 September 13, 1999, fax their name, submit one copy. Comments are to be p.m., Monday through Friday. title, firm name, address, and telephone identified with the docket number Dated: August 6, 1999. number to Catherine M. DeRoever (fax found in brackets in the heading of this Margaret M. Dotzel, number above). document. Acting Associate Commissioner for Policy. FOR FURTHER INFORMATION CONTACT: Those persons interested in [FR Doc. 99–20992 Filed 8–12–99; 8:45 am] presenting information at the public Catherine M. DeRoever, Advisory BILLING CODE 4160±01±F Committee Office (HFS–22), Center for meeting should, by September 13, 1999, Food Safety and Applied Nutrition, fax their name, title, firm name, address, Food and Drug Administration, 200 C telephone number, and an outline of DEPARTMENT OF HEALTH AND their presentation to Catherine M. St. SW., Washington, DC 20204, 202– HUMAN SERVICES± 205–4251, FAX 202–205–4970, or e- DeRoever (fax number above). mail ‘‘[email protected]’’. Food and Drug Administration There is no registration fee for this –Those persons interested in public meeting, but advance registration [Docket No. 99N±1075] attending the public meeting should, by is suggested. Interested persons are September 13, 1999, fax their name, Public Health Impact of Vibrio encouraged to register early because title, firm name, address, and telephone Parahaemolyticus in Molluscan space may be limited. number to Catherine M. DeRoever (fax Shellfish SUPPLEMENTARY INFORMATION: This number above). public meeting will provide an AGENCY: –Those persons interested in Food and Drug Administration, opportunity for review and comment of presenting information at the public HHS. the preliminary V. parahaemolyticus ACTION: Notice of public meeting. meeting should, by September 13, 1999, risk assessment. The role of factors in fax their name, title, firm name, address, SUMMARY: The Food and Drug the environment, post harvest handling telephone number, and an outline of Administration (FDA), Center for Food and processing in the probability of their presentation to Catherine M. Safety and Applied Nutrition, in illness will be described. Integration of DeRoever (fax number above). Oral conjunction with the National Advisory epidemiology, consumption, and dose- comments may be made during the open Committee on Microbiological Criteria response will be modeled. Scientific public comment period, Tuesday, for Foods, in cooperation with the Food inferences, assumptions, and modeling September 21, 1999, between 4 p.m. and Safety and Inspection Service, U.S. tools will be made from the completed 5 p.m. Time allotted to each public Department of Agriculture (FSIS/USDA) search of peer reviewed literature. commentator may be limited to 3 is announcing a public meeting to Comments will be requested on the minutes with time being assigned on a discuss issues related to a preliminary approaches and analyses presented and first-come-first-served basis. risk assessment model examining the any additional information that should –There is no registration fee for this be included in the analyses. public meeting, but advance registration relationship between Vibrio is suggested. Interested persons are parahaemolyticus and human health. The sponsoring agencies encourage encouraged to register early because DATES: The public meeting will be held individuals with relevant scientific data space may be limited. on Friday, September 24, 1999, from 8 or information to present such SUPPLEMENTARY INFORMATION: This a.m. to 3:15 p.m. Submit registration information at the meeting or in written public meeting will provide an and written notices of participation by comments to this record. opportunity for an open discussion of September 13, 1999. Submit written A transcript of the public meeting will the issues related to bare-hand contact comments by October 25, 1999. be prepared. Copies of the transcript of ready-to-eat foods in retail ADDRESSES: The public meeting will be may be requested in writing from the establishments. The committee will be held at The Washington Plaza Hotel, 10 Freedom of Information Office (HFI–35), asked to consider the risk of Thomas Circle, NW., at Massachusetts Food and Drug Administration, 5600 transmitting bacterial, viral, and Ave. and 14th St., Washington, DC. Fishers Lane, rm. 12A–16, Rockville, parasitic pathogens from foodworkers, Submit registration and written notices MD 20857, approximately 15 working via ready-to-eat foods, to consumers, of participation to Catherine M. days after the meeting. The transcript of and the effectiveness of interventions.– DeRoever (address below). Submit the public meeting and submitted –The sponsoring agencies encourage written comments to the Dockets comments will be available for public individuals with relevant scientific data Management Branch (HFA–305), Food examination at the Dockets Management or information (i.e., epidemiology and an Drug Administration, 5630 Fishers Branch (address above) between 9 a.m. effectiveness of interventions to prevent Lane, rm. 1061, Rockville, MD 20852. and 4 p.m., Monday through Friday. Federal Register / Vol. 64, No. 156 / Friday, August 13, 1999 / Notices 44227
Dated: August 6, 1999. Room C5–16–03, 7500 Security made on a reasonable charge basis Margaret M. Dotzel, Boulevard, Baltimore, MD 21244– through contractors known as Medicare Acting Associate Commissioner for Policy. 1850. carriers and intermediaries. Reasonable [FR Doc. 99–20991 Filed 8–12–99; 8:45 am] Because of staffing and resource charge determinations were generally BILLING CODE 4160±01±F limitations, we cannot accept comments based on customary and prevailing by facsimile (FAX) transmission. In charges derived from historic charge commenting, please refer to file code data. The reasonable charges were DEPARTMENT OF HEALTH AND HCFA–1050–PN. Comments received established by the carriers using the HUMAN SERVICES timely will be available for public methodology set forth in sections 1833 inspection as they are received, and 1842(b) of the Social Security Act Health Care Financing Administration generally beginning approximately 3 (the Act) and 42 CFR part 405, subpart weeks after publication of a document, E of our regulations. The reasonable [HCFA±1050±PN] in Room 443–G of the Department’s charge for an item was generally set at RIN 0938±AJ34 offices at 200 Independence Avenue, the lowest of the following factors: SW., Washington, DC, on Monday • The supplier’s actual charge for the Medicare Program; Special Payment through Friday of each week from 8:30 item. Limits for Certain Durable Medical a.m. to 5 p.m. (phone: (202) 690–7890). • The supplier’s customary charge. Equipment and Prosthetic Devices FOR FURTHER INFORMATION CONTACT: Joel • The prevailing charge in the locality Kaiser, (410) 786–4499. for the item. AGENCY: Health Care Financing SUPPLEMENTARY INFORMATION: Copies: To (The prevailing charge could not exceed Administration (HCFA), HHS. order copies of the Federal Register the 75th percentile of the customary ACTION: Proposed notice. containing this document, send your charges of suppliers in the locality.) request to: New Orders, Superintendent • The inflation indexed charge. (The SUMMARY: This notice proposes special inflation indexed charge is defined in payment limits, for five items of durable of Documents, P.O. Box 371954, § 405.509(a) as the lowest of the fee medical equipment and one prosthetic Pittsburgh, PA 15250–7954. Specify the date of the issue requested and enclose screens used to determine reasonable device, to replace the current fee a check or money order payable to the charges for services, supplies, and schedule amounts for these items. Superintendent of Documents, or equipment paid on a reasonable charge Currently, payment under the Medicare enclose your Visa, Discover, or Master basis (excluding physicians’ services) program for these items is equal to 80 Card number and expiration date. Credit that is in effect on December 31 of the percent of the lesser of the actual charge card orders can also be placed by calling previous fee screen year, updated by the for the item or the fee schedule amount the order desk at (202) 512–1800 (or toll inflation adjustment factor.) for the item. We have determined that free at 1–888–293–6498) or by faxing to the Medicare fee schedule amounts for (202) 512–2250. The cost for each copy B. Payment Under Fee Schedules five durable medical equipment items is $8. As an alternative, you can view Sections 1834(a) and (h) of the Act and one prosthetic device are not and photocopy the Federal Register provide that Medicare payment for DME inherently reasonable because they are document at most libraries designated and prosthetics and orthotics, grossly excessive relative to the amounts as Federal Depository Libraries and at respectively, is equal to 80 percent of paid for these items by the Department many other public and academic the lesser of the actual charge for the of Veterans Affairs. This notice proposes libraries throughout the country that item or the fee schedule amount for the that payment for these items be 80 receive the Federal Register. item. Section 1834(a) of the Act percent of the actual charges for the This Federal Register document is classifies DME into the following items or the special payment limits we also available from the Federal Register payment categories: set for these items, whichever is less. It online database through GPO Access, a • Inexpensive or other routinely is intended to prevent continuation of service of the U.S. Government Printing purchased DME. excessive payment for these items. The Office. Free public access is available on • Items requiring frequent and special payment limits would be based a Wide Area Information Server (WAIS) substantial servicing. on the median wholesale prices paid by through the Internet and via • Customized items. the Department of Veterans Affairs for asynchronous dial-in. Internet users can • Oxygen and oxygen equipment. these items plus an appropriate markup. access the database by using the World • Other covered items (other than DATES: We will consider comments if Wide Web; the Superintendent of DME). we receive them at the appropriate Documents home page address is http:/ • Other items of DME (capped rental address, as provided below, by 5 p.m. /www.access.gpo.gov/nara/index.html, items). on October 12, 1999. by using local WAIS client software, or There is a separate methodology for ADDRESSES: Mail written comments (1 by telnet to swais.access.gpo.gov, then determining the fee schedule payment original and 3 copies) to the following login as guest (no password required). amount for each category of DME. address: Health Care Financing Dial-in users should use The fee schedules for DME and Administration, Department of Health communications software and modem prosthetic devices are calculated using and Human Services, Attention: HCFA– to call (202) 512–1661; type swais, then average reasonable charges from 1986 1050–PN, P.O. Box 9016, Baltimore, MD login as guest (no password required). and 1987 and are generally adjusted 21244–9016. I. Background annually by the change in the Consumer If you prefer, you may deliver your Price Index for all Urban Consumers written comments (1 original and 3 A. Payment Under Reasonable Charges (CPI–U), that is, the covered item copies) to one of the following Before January 1, 1989, payment for update, for the 12-month period ending addresses: all durable medical equipment (DME) June 30 of the preceding year. Section Room 443–G, Hubert H. Humphrey and prosthetic devices furnished under 1834(h)(2)(B) of the Act requires that Building, 200 Independence Avenue, Part B of the Medicare program regional fee amounts be calculated for SW., Washington, DC 20201, or (Supplementary Medical Insurance) was prosthetic devices. The regional fee 44228 Federal Register / Vol. 64, No. 156 / Friday, August 13, 1999 / Notices amounts are equal to the weighted higher or lower than acquisition or represent items that are generally average of the local (Statewide) fee production costs for the category of purchased as opposed to being rented. amounts in each of our 10 regions. In items or services. We feel that more data on rental costs addition, the fee schedules for DME and • There have been increases in and services is needed in order to prosthetics and orthotics are limited by payment amounts for a category of items address the reasonableness of the a ceiling (upper limit) and floor (lower or services that cannot be explained by Medicare payment amounts for rental limit). For DME, the ceiling and floor inflation or technology. items for which we obtained the VA are equal to 100 percent and 85 percent, • The payment amounts for a data, that is, items which are generally respectively, of the median (mid-point) category of items or services are grossly furnished to Medicare beneficiaries on a of the local (Statewide) fee amounts. For higher or lower than the payments made rental basis. prosthetics and orthotics, the ceiling for the same category of items or With the exception of HCPCS code and floor are equal to 120 percent and services by other purchasers in the same L7900, all items are covered as DME and 90 percent, respectively, of the regional locality. classified under the inexpensive or fee amounts. The fee schedule amounts Section 405.502(g)(3) requires that we routinely purchased DME fee schedule for areas outside the continental United publish for public comment proposed category. Medicare payment for these States are not subject to the ceiling and payment limits in the Federal Register. items is made on either a purchase or floor limits for DME or the regional fee We allow 60 days for receipt of public a rental basis. Total Medicare payment amounts and ceiling and floor limits for comments on the proposal. After we for rentals is limited to 100 percent of prosthetic devices. The local fee have considered all timely comments, the fee schedule amount for purchase of schedule amounts for areas outside the we publish in the Federal Register a the item. HCPCS code L7900 identifies continental United States are not final notice announcing the special a prosthetic device for which Medicare included in the calculation of the payment limits and our analyses and payment is made under the fee schedule ceiling and floor limits or regional fee responses to the comments. on a purchase basis only. All of the amounts. items above are high volume items in D. Items for Which Adjustments Are terms of Medicare expenditures. C. Exception to the Standard Payment Proposed The 1998 fee schedule amounts for Methodologies—Special Payment Using the authority discussed above, purchase of these items for areas within Amounts we reviewed the current Medicare the continental United States range from Section 1842(b)(8) of the Act states payment amounts for the following $67.97 to $79.97 for code E0135; $97.48 that we may establish special payment items: to $114.68 for code E0143; $89.42 to amounts for particular items or services, • Folding walker (pickup), adjustable $105.20 for code E0163; $298.02 to other than physicians’ services, that are or fixed height—code E0135 in the $350.61 for code E0720; $300.43 to covered under Medicare Part B, for HCFA Common Procedure Coding $353.45 for code E0730; and $357.76 to which we determine that the System (HCPCS). $477.01 for code L7900. The 1998 fee application of standard Part B pricing • Folding walker, wheeled, without schedule amounts for purchase of these rules results in grossly excessive or seat—HCPCS code E0143. items for areas outside the continental • grossly deficient payment amounts. The Commode chair, stationary, with United States (that is Alaska, Hawaii, applicable regulations are located at fixed arms—HCPCS code E0163. and Puerto Rico) range from $90.66 to • § 405.502(g) and require us to consider Transcutaneous Electrical Nerve $115.45 for code E0135; $107.85 to relevant information in establishing Stimulator (TENS), two lead, localized $145.22 for code E0143; $109.00 to stimulation—HCPCS code E0720. $138.62 for code E0163; $207.89 to payment limits that are realistic and • equitable. The special payment limit is TENS, four lead, larger area/ $465.26 for code E0720; $338.93 to either a specific dollar amount or is multiple nerve stimulation—HCPCS $508.22 for code E0730; and $394.65 to code E0730. $473.37 for code L7900. based on a special method to be used in • determining the payment amount. Vacuum erection system—HCPCS Based on a comparison of Medicare Section 405.502(g)(1) provides the code L7900. payment amounts and payment following examples of circumstances Section 134 of the Social Security Act amounts from the VA, we determined that may result in grossly deficient or Amendments of 1994 specifically that the current payment amounts for excessive charges: mandates that we review our payments these items are grossly excessive. • The marketplace is not competitive. for decubitus care equipment, TENS • devices, and other items we consider E. Comparison With the Department of Medicare and Medicaid are the sole Veterans Affairs or primary source of payment for a appropriate. We gathered payment data category of items or services. on 20 items identified as either The VA also administers a national • The payment amounts do not reflect decubitus care equipment or TENS program that includes the furnishing of changing technology, increased facility devices and 80 additional items drawn DME and prosthetic devices. Unlike with that technology, or changes in from a list of top 100 items ranked by Medicare, which is a payer of services acquisition, production, or supplier Medicare expenditures. Based on a and not a provider of services, the VA costs. review of retail prices, wholesale prices, generally obtains these items by direct • The payment amounts for a and prices paid by payers other than acquisition from manufacturers and category of items or services in a Medicare, we identified 20 items from wholesalers and provides them directly particular locality are grossly higher or this list of 100 items that warranted to veterans through its network of lower than the payment amounts in further review. We then obtained data medical centers located throughout the other comparable localities for the on the average payments made by the United States. Therefore, the prices paid category of items or services, taking into Department of Veterans Affairs (VA) for by the VA for these items represent account the relative costs of furnishing these 20 items and, based on a review wholesale prices as opposed to retail the category of items or services in the of this data, and as we explain below, prices charged by outlets that supply different localities. we determined that payment these items to Medicare beneficiaries. • The payment amounts for a adjustments were necessary for the six To make a valid comparison between category of items or services are grossly items listed above. These six items Medicare and VA payments, a price Federal Register / Vol. 64, No. 156 / Friday, August 13, 1999 / Notices 44229 markup must be applied to the VA The amount of the markup was based markups. If public comments or wholesale prices to approximate retail on data we compiled from over 200 additional research indicate that a prices. HCPCS coding recommendations markup of less than 67 percent is We obtained the median wholesale submitted by the industry to us for appropriate, we reserve discretion to payment amount for the items identified medical equipment and devices from establish a markup of less than 67 1989 to 1998. When submitting in section D above from a number of VA percent. It should be noted that requests recommendations for new HCPCS for new HCPCS codes generally involve medical centers across the nation. We codes, the requester, usually the new products or technology; therefore, received data from 109 (approximately manufacturer of the item, is required to it can be assumed that the markups for 63 percent) of the VA medical centers list the wholesale and suggested retail these items will be, in general, higher across the nation. We increased the prices for the item. The median markup than markups for items that have been median wholesale amount by a markup calculated using these data was 67 on the market for a number of years. of 67 percent; that is, a two-thirds percent. We consider 67 percent to be The VA and Medicare payments are markup. the upper end of a range of acceptable compared in the table below.
Medicare Medicare Code VA Payment VA+67% floor* ceiling*
E0135 ...... $30.24 $50.50 $67.97 $79.97 E0143 ...... 45.44 75.88 97.48 114.68 E0163 ...... 37.64 62.85 89.42 105.20 E0720 ...... 89.89 150.11 298.02 350.61 E0730 ...... 124.00 207.08 300.43 353.45 L7900 ...... 131.65 219.86 357.76 477.01 *Highest and lowest 1998 fee schedule amounts for States within the continental United States.
II. Provisions of This Proposed Notice B. Folding Walker, Wheeled, Without purchase of this item, when previously Seat—HCPCS Code E0143 used by other patients and when Below are the amounts we are The median VA wholesale payment furnished in the continental United proposing as the special payment limits: amount for this item is $45.44. Using a States, be equal to $47.14 or 75 percent A. Folding Walker (Pickup), Adjustable markup of 67 percent results in an of the special payment limit for or Fixed Height—HCPCS Code E0135 estimated retail payment amount of purchase of a new item. We propose $75.88. We propose that the special that the special payment limit for the The median VA wholesale payment payment limit for purchase of this item, monthly rental of this item, when amount for this item is $30.24. Using a when new and when furnished in the furnished in the continental United markup of 67 percent results in an continental United States, be equal to States, be equal to $6.29 or 10 percent estimated retail payment amount of $75.88. This amount is approximately of the special payment limit for $50.50. We propose that the special 34 percent below the 1998 Medicare purchase of a new item. payment limit for purchase of this item, ceiling of $114.68 and 22 percent below D. Transcutaneous Electrical Nerve when new and when furnished in the the 1998 Medicare floor of $97.48. We propose that the special payment limit Stimulator (TENS), Two Lead, Localized continental United States, be equal to Stimulation—HCPCS Code E0720 $50.50. This amount is approximately for purchase of this item, when 37 percent below the 1998 Medicare previously used by other patients and The median VA wholesale payment ceiling of $79.97 and 26 percent below when furnished in the continental amount for this item is $89.89. Using a the 1998 Medicare floor of $67.97. In United States, be equal to $56.91 or 75 markup of 67 percent results in an keeping with the Medicare policy for percent of the special payment limit for estimated retail payment amount of calculating fee schedule amounts for the purchase of a new item. We propose $150.11. We propose that the special that the special payment limit for the purchase of used equipment and the payment limit for purchase of this item, monthly rental of this item, when rental of equipment for which base fee when furnished in the continental furnished in the continental United United States, be equal to $150.11. This schedule data (that is, reasonable charge States, be equal to $7.59 or 10 percent data from 1986 and 1987) are not amount is approximately 57 percent of the special payment limit for below the 1998 Medicare ceiling of available (see section 5102.2.A.2 of the purchase of a new item. Medicare Carriers Manual), we propose $350.61 and 50 percent below the 1998 that the special payment limit for C. Commode Chair, Stationary, With Medicare floor of $298.02. Fixed Arms—HCPCS Code E0163 purchase of this item, when previously E. TENS, Four Lead, Larger Area/ used by other patients and when The median VA wholesale payment Multiple Nerve Stimulation—HCPCS furnished in the continental United amount for this item is $37.64. Using a Code E0730 States, be equal to $37.88 or 75 percent markup of 67 percent results in an of the special payment limit for estimated retail payment amount of The median VA wholesale payment purchase of a new item. We propose $62.85. We propose that the special amount for this item is $124.00. Using that the special payment limit for the payment limit for purchase of this item, a markup of 67 percent results in an monthly rental of this item, when when furnished in the continental estimated retail payment amount of furnished in the continental United United States, be equal to $62.85. This $207.08. We propose that the special States, be equal to $5.05 or 10 percent amount is approximately 40 percent payment limit for purchase of this item, of the special payment limit for below the 1998 Medicare ceiling of when furnished in the continental $105.20 and 30 percent below the 1998 United States, be equal to $207.08. This purchase of a new item. Medicare floor of $89.42. We propose amount is approximately 41 percent that the special payment limit for below the 1998 Medicare ceiling of 44230 Federal Register / Vol. 64, No. 156 / Friday, August 13, 1999 / Notices
$353.45 and 31 percent below the 1998 no case can the special payment limit $382.96 to $406.34. The special Medicare floor of $300.43. for an area outside the continental payment limit of $219.86 that we are United States be lower than the special proposing would be phased in over a F. Vacuum Erection System—HCPCS number of years so that in any given Code L7900 payment limit for the continental United States increased by 10 percent. year no adjustment would exceed 15 The median VA wholesale payment We are, therefore, proposing that the percent. We are proposing that the amount for this item is $131.65. Using special payment limits for areas outside special payment amounts be phased in a markup of 67 percent results in an the continental United States be at least so that the impact of the reductions is estimated retail payment amount of 10 percent greater than the special spread out over multiple years and gives $219.86. We propose that the special payment limits for areas within the the suppliers an extended period in payment limit for purchase of this item, continental United States because of the which to adjust to the reductions in when furnished in the continental unique costs of doing business in these payment. In addition, most DME United States, be equal to $219.86. This areas. We base this 10 percent parameter suppliers are small businesses and amount is approximately 46 percent on the fact that the fee schedule applying the payment limits at one time below the highest 1998 Medicare amounts for all DME and prosthetic would impose a serious burden on these regional fee schedule amount of $406.34 devices for areas outside the continental types of entities, particulary those that and 43 percent below the lowest 1998 United States, in general, are, on specialize in furnishing the items Medicare regional fee schedule amount average, 10 percent greater than the fee addressed in this notice. The proposed of $382.96. schedule amounts for areas within the special payment limit of $219.86 for G. Areas Outside the Continental United continental United States. HCPCS code L7900 would be phased in States as follows: H. Applicability The 1998 DME and prosthetic device Range in limits within fee schedule amounts for areas outside The initial special payment limits we Calendar year continental U.S. the continental United States are, on propose would apply to items furnished average, 10 percent greater than the on or after the effective date of the 1998 ...... $382.96 to $406.34. 1998 DME and prosthetic device fee published final notice. We propose that 1999 ...... $325.52 to $345.39. schedule amounts for areas within the the fee schedule amounts for the six 2000 ...... $276.69 to $293.58. continental United States. For the six items identified be reduced 2001 ...... $235.19 to $249.54. items identified above, we propose incrementally by a factor of 15 percent 2002 ...... $219.86 (special limit fully using a modified approach to set special or less per year until they are equal to implemented). payment limits for areas outside the the special payment limits applicable to continental United States (that is, each item. For each calendar year after For each calendar year after 2002, the Alaska, Hawaii, Puerto Rico). We the calendar year in which the proposed special payment limit for HCPCS code propose that special payment limits be special payment limits are fully in L7900 would be equal to the special established by reducing the 1998 fee effect, the special payment limits would payment limit for the preceding schedule amounts for these areas by the be adjusted using the applicable covered calendar year increased by the percentage difference between the 1998 item update (see ‘‘I. B. Payment Under appropriate covered item update for national ceilings, or the highest regional Fee Schedules’’) for the appropriate prosthetic devices. The ranges in the fee schedule amount in the case of calendar year. For example, as noted proposed payment limits, by calendar HCPCS code L7900, and the special above, the 1998 fee schedule amounts year, for all six HCPCS codes, for items payment limits proposed above for the for HCPCS code L7900 for areas within furnished within the continental United continental United States. However, in the continental United States range from States, are listed in the table below.
HCPCS 1999 2000 2001 2002 2003 2004
E0135 .... 57.77 to 67.97 ...... 50.50 to 57.77 ...... 50.501 ...... (2) ...... (2) ...... (2) E0143 .... 82.86 to 97.48 ...... 75.88 to 82.86 ...... 75.881 ...... (2) ...... (2) ...... (2) E0163 .... 76.01 to 89.42 ...... 64.61 to 76.01 ...... 62.85 to 64.61 ...... 62.851 ...... (2) ...... (2) E0720 .... 253.32 to 298.02 ...... 215.32 to 253.32 ...... 183.02 to 215.32 ...... 155.57 to 183.02 ...... 150.11 to 155.57 ...... 1150.11 E0730 .... 255.37 to 300.43 ...... 217.06 to 255.37 ...... 1207.08 to 217.06 ...... 207.08 ...... (2) ...... (2) L7900 ..... 325.52 to 345.39 ...... 276.69 to 293.58 ...... 235.19 to 249.54 ...... 1219.861 ...... (2) ...... (2) 1 Special payment limit fully implemented. 2 Special payment limit equal to the special payment limit for the preceding calendar year increased by the appropriate covered item update.
I. Proposed Payment carrier may grant an exception to a on Federal Register documents special payment limit. We are not published for comment, we are not able We propose that payment for the six proposing any circumstances under to acknowledge or respond to them items identified equal 80 percent of the which a carrier may grant an exception individually. We will consider all lesser of the actual charge for the system to the application of the proposed comments we receive by the date and or the appropriate special payment special payment limits. We are time specified in the DATES section of limit, as described in sections A. interested in receiving comments on any this preamble, and, if we proceed with through G. above. circumstances for which a commenter a subsequent document, we will J. Carrier-Granted Exceptions believes an exception should be granted. respond to the major comments in the preamble to that document. Section 405.502(h)(3) states that we III. Response to Comments must set forth the criteria and Because of the large number of items circumstances, if any, under which a of correspondence we normally receive Federal Register / Vol. 64, No. 156 / Friday, August 13, 1999 / Notices 44231
IV. Regulatory Impact Statement Medicare revenue. However, while the DEPARTMENT OF HEALTH AND We have examined the impacts of this overall impact is small, some suppliers HUMAN SERVICES proposed notice as required by would be seriously affected as a result Executive Order 12866 and the of the mix of DME and prosthetics that Health Care Financing Administration Regulatory Flexibility Act (RFA) (Pub. they furnish to Medicare beneficiaries. [HCFA±3022±N] L. 96–354). Executive Order 12866 In addition, section 1102(b) of the Act directs agencies to assess all costs and requires us to prepare a regulatory Medicare Program; Meeting of the Drugs, Biologics, and Therapeutics benefits of available regulatory impact analysis if a proposed notice Panel of the Medicare Coverage alternatives and, if regulation is may have a significant impact on the Advisory CommitteeÐSeptember 15 necessary, to select regulatory operations of a substantial number of and 16, 1999 approaches that maximize net benefits small rural hospitals. This analysis must (including potential economic, conform to the provisions of section 603 AGENCY: Health Care Financing environmental, public health and safety of the RFA. For purposes of section Administration (HCFA), HHS. effects, distributive impacts, and 1102(b) of the Act, we define a small equity). A regulatory impact analysis ACTION: Notice of meeting. rural hospital as a hospital that is must be prepared for major rules with SUMMARY: This notice announces a economically significant effects ($100 located outside of a Metropolitan Statistical Area and has less than 50 meeting of the Drugs, Biologics, and million or more annually). The Therapeutics Panel of the Medicare reductions in total expenditures over beds. We are not preparing a rural impact analysis since we have Coverage Advisory Committee. The the next 5 years are estimated to be: $10 Panel will discuss presentations from determined that this proposed notice million in 1999; $20 million in 2000; interested persons regarding the would not have a significant economic $30 million in 2001; $30 million in combination of high dose chemotherapy impact on the operation of a substantial 2002; and $30 million in 2003. Since the and stem cell transplantation for the proposed notice results in reductions in number of small rural hospitals. treatment of multiple myeloma. This total expenditures of less than $100 Section 202 of the Unfunded meeting is open to the public and million per year, this notice is not a Mandates Reform Act of 1995 also complies with the Federal Advisory major rule as defined in Title 5, United requires that agencies assess anticipated Committee Act (5 U.S.C. App. 2, section States Code, section 804(2) and is not an costs and benefits before issuing any 10(a)(1) and (a)(2)). economically significant rule under proposed notice that may result in an DATES: The Meeting: September 15, Executive Order 12866. annual expenditure by a State, local, or RFA requires agencies to analyze 1999, from 1 p.m. until 4 p.m., E.D.T., tribal government, in the aggregate, or options for regulatory relief of small and September 16, 1999, from 8 a.m. businesses. For purposes of the RFA, by the private sector of $100 million. until 4 p.m., E.D.T. Deadline for Presentation small entities include small businesses, The proposed notice would not have an Submissions: August 20, 1999, 5 p.m., non-profit organizations, and effect on the governments mentioned, E.D.T. government agencies. Most hospitals and private sector costs would be less Deadline for Submission of Final and most other providers and suppliers than the $100 million threshold. Comments: September 30, 1999, 5 p.m., are small entities either by non-profit In accordance with the provisions of E.D.T. status or by having revenues of $5 Executive Order 12866, this notice was ADDRESSES: The Meeting: The meeting million or less annually. Individuals reviewed by the Office of Management will be held at the Baltimore and States are not included in the and Budget. definition of a small entity. Based on Convention Center, One West Pratt data from the Small Business Authority: Sections 1834(a) and 1842(b) of Street, Rooms 327–329, Baltimore, the Social Security Act (42 U.S.C. 1395m and Administration (SBA), we estimate that Maryland 21201–2499. 1395u). 98 percent of suppliers of DME and Presentations and Comments: Submit prosthetic devices would be defined as (Catalog of Federal Domestic Assistance written presentations and comments to small entities for purposes of the RFA. Program No. 93.774, Medicare— Lauren K. Geyer, MHS, Executive We estimate that 106,000 entities bill Supplementary Medical Insurance Program) Secretary; Office of Clinical Standards Medicare for DME, prosthetics, Dated: January 27, 1999. and Quality; Health Care Financing orthotics, surgical dressings, and other Nancy-Ann Min DeParle, Administration; 7500 Security equipment and supplies each year. We Boulevard; Mail Stop S3–02–01; Administrator, Health Care Financing Baltimore, MD 21244. believe the impact on small businesses Administration. will be minimal because the FOR FURTHER INFORMATION CONTACT: Dated: April 28, 1999. implementation of the payment Lauren K. Geyer, MHS, Executive amounts will be phased in over several Donna E. Shalala, Secretary, (410) 786–2004. years. The annual adjustment in Secretary. SUPPLEMENTARY INFORMATION: We have payment will be no greater than 15 [FR Doc. 99–20989 Filed 8–12–99; 8:45 am] established the Medicare Coverage percent per year. Total Medicare BILLING CODE 4120±01±P Advisory Committee (MCAC) to provide expenditures for DME and prosthetics advice and recommendations to us devices is approximately $5 billion per about clinical coverage issues. The year. As indicated above, we estimate MCAC is composed of an Executive that the proposed payment reductions, Committee and six panels, each when fully implemented, will reduce containing members with expertise in these expenditures by approximately one or more of the following fields: $30 million per year. Therefore, the clinical and administrative medicine, overall impact on the total industry biologic and physical sciences, public annual receipts will be small, that is, health administration, health care data less than 1 percent reduction in and information management and 44232 Federal Register / Vol. 64, No. 156 / Friday, August 13, 1999 / Notices analysis, the economics of health care, Comments in the Dates section of this 6011 Executive Boulevard, Suite 325, medical ethics, and other related notice. Rockville, MD 20852–3804; Telephone: professions. Each panel is composed of (301) 496–7056, ext. 287; Facsimile: HCFA Home Page a chairperson, voting members, a (301) 402–0220; E-mail: [email protected]. nonvoting consumer representative, and You may access detailed information SUPPLEMENTARY INFORMATION: In an a nonvoting industry representative. regarding the agenda and schedule of effort to develop a method of detection presentations on our home page Current Members of the Panel and an efficacious treatment for basal (www.hcfa.gov/quality/8b.htm) the day cell carcinoma, nevoid basal cell Thomas V. Holohan, MA, MD, FACP after the Deadline for Presentation carcinoma syndrome, and (Chairperson); Leslie P. Francis, JD, Submissions in the Dates section of this medulloblastoma, the inventors posit Ph.D.; Judith A. Cahill, MA; Michael L. notice. that the Basal Cell Carcinoma Tumor Friedland, MD; Kathy J. Helzlsouer, MD, Authority: 5 U.S.C. App. 2, section 10(a)(1) Suppressor Gene and the disclosed MHS; Robert C. Johnson, MS; Ronald P. and (a)(2). mutations thereof may play a key Jordan, R.Ph.; Mitchell Sugarman, MBA, (Catalog of Federal Domestic Assistance physiological role. MS; Cathleen M. Dooley, MPA; and Program No. 93.774, Medicare— The prospective exclusive license will Christine M. Grant, JD. Supplementary Medical Insurance Program) be royalty-bearing and will comply with Dated: August 9, 1999. the terms and conditions of 35 U.S.C. Topic of the Meeting Michael M. Hash, 209 and 37 CFR 404.7. The prospective The Panel will discuss presentations Deputy Administrator, Health Care Financing exclusive license may be limited to the from interested persons regarding the Administration. fields of human diagnostics and combination of high dose chemotherapy [FR Doc. 99–20988 Filed 8–12–99; 8:45 am] therapeutics for indications consisting and stem cell transplantation for the BILLING CODE 4120±01±P of nevoid basal cell carcinoma treatment of multiple myeloma. syndrome, basal cell carcinoma, and medulloblastoma and may be granted Procedure and Agenda DEPARTMENT OF HEALTH AND unless, within 60 days from the date of The Panel will hear oral presentations HUMAN SERVICES this published Notice, NIH receives from the public for approximately 90 written evidence and argument that minutes on each day of the meeting. The National Institutes of Health establishes that the grant of the license Panel may limit the number and would not be consistent with the duration of oral presentations to the Prospective Grant of Exclusive requirements of 35 U.S.C. 209 and 37 time available. If you wish to make a License: A Basal Cell Carcinoma CFR 404.7. presentation during one of these Tumor Suppressor Gene Properly filed competing applications for a license filed in response to this sessions, you must submit the following AGENCY: National Institutes of Health, to the Executive Secretary before the Public Health Service, DHHS. notice will be treated as objections to the contemplated license. Comments Deadline for Presentation Submissions ACTION: Notice. date listed in the Dates section of this and objections submitted in response to notice: a brief statement of the general SUMMARY: This is notice, in accordance this notice will not be made available nature of the evidence or arguments you with 35 U.S.C. 209(c)(1) and 37 CFR for public inspection, and, to the extent wish to present, the names and 404.7(a)(1)(i), that the National permitted by law, will not be released addresses of proposed participants, and Institutes of Health (NIH), Department under the Freedom of Information Act, an estimate of the time required to make of Health and Human Services, is 5 U.S.C. 552. the presentation. We will request that contemplating the grant of an exclusive Dated: August 6, 1999. you declare at the meeting whether or license worldwide to practice the Jack Spiegel, not you have any financial involvement invention embodied in: U.S. Patent Director, Division of Technology Development with manufacturers of any items or Application Serial No. 08/857,636 filed and Transfer, Office of Technology Transfer. services being discussed (or with their May 16, 1997 entitled ‘‘A Basal Cell [FR Doc. 99–20938 Filed 8–12–99; 8:45 am] competitors). Carcinoma Tumor Suppressor Gene’’, BILLING CODE 4140±01±M After the 90-minute public PCT application US97/08433 filed May presentation on Day 2 of the meeting, 16, 1997 designating all countries, we will make a presentation to the except the U.S., entitled, ‘‘A Basal Cell DEPARTMENT OF THE INTERIOR Panel. After our presentation, the Panel Carcinoma Tumor Suppressor Gene’’ to will deliberate openly on the topic. Ontogeny, Inc., having a place of Fish and Wildlife Service Interested persons may observe the business in Cambridge, MA. The United deliberations, but the Panel will not States of America is the assignee or the Information Collections Submitted to hear further comments during this time exclusive licensee of the patent rights in the Office of Management and Budget except at the request of the chairperson. this invention. for Approval Under the Paperwork At the end of the Panel deliberations, DATES: Only written comments and/or Reduction Act the Panel will allow a 30-minute open application for a license which are AGENCY: Fish and Wildlife Service, public session for any attendee to received by the NIH Office of Interior. Technology Transfer on or before address issues specific to the topic. ACTION: Notice of information collection; October 12, 1999. Submission of Final Comments request for comments. ADDRESSES: Requests for a copy of the Interested persons not scheduled to patent applications, inquiries, SUMMARY: The U.S. Fish and Wildlife make an oral presentation, unable to comments and other materials relating Service (Service) has sent the collection attend the meeting, or wishing to make to the contemplated license should be of information described below to the further remarks, may submit written directed to Richard U. Rodriguez, Office of Management and Budget comments to the Executive Secretary by M.B.A., at the Office of Technology (OMB) for approval under the the Deadline for Submission of Final Transfer, National Institutes of Health, provisions of the Paperwork Reduction Federal Register / Vol. 64, No. 156 / Friday, August 13, 1999 / Notices 44233
Act of 1995. The public may obtain proposals and proposals that are geared enhance, restore and otherwise protect copies of the specific information specifically to project approaches that continental wetlands to benefit collection requirements, related will readily provide data for monitoring waterfowl and other wetland associated guidelines and explanatory material by and evaluation purposes. Current wildlife through partnerships between contacting the Service Information NAWCA projects do not, and cannot, and among the private and public Collection Clearance Officer at the provide the data and information sectors. Because the 1986 NAWMP did address provided below. necessary to meet the monitoring and not carry with it a mechanism to DATES: We will consider all comments evaluation requirements of Section 19. provide for broadly-based and sustained received on or before September 13, We are developing a unique set of financial support for wetland 1999. OMB has up to 60 days to approve evaluation grants guidelines, or conservation activities, Congress passed or disapprove the information collection instructions, that will provide the basis and the President signed into law the but may respond after 30 days. for information collection and this NAWCA to partially fill that funding Therefore, to ensure maximum request. We do have available for review need. The purpose of NAWCA is to use consideration, you must send your and comment the ‘‘Strategy For partnerships to promote long-term comments to OMB by the above Implementing and Evaluating the conservation of North American referenced date. Effectiveness of Wetland Conservation wetland ecosystems and the waterfowl ADDRESSES: Send your comments and Projects Completed Under the NAWCA’’ and other migratory birds, fish and suggestions on the requirement to (Sect. 19, part 1) and the ‘‘NAWCA wildlife that depend upon such habitat. Rebecca A. Mullin, Service Information Evaluation Grant Proposal Development Principal conservation actions Collection Clearance Officer, U.S. Fish and Review’’ outline (Sect. 19, part 2). supported by NAWCA are acquisition, and Wildlife Service, MS 222—ARLSQ, Both of these documents are approved enhancement and restoration of 1849 C Street, NW, Washington, DC by the NAWCA Council and will be wetlands and wetlands-associated 20240. used to develop the guidelines. The habitat. As well as providing for a continuing FOR FURTHER INFORMATION CONTACT: To Service is requesting a 3-year term of and stable funding base, NAWCA receive a copy of the information approval for this information collection establishes an administrative body made collection request, explanatory activity. An agency may not conduct or up of a State representative from each of information and related forms, contact sponsor, and a person is not required to the four Flyways, three representatives Rebecca A. Mullin at 703/358–2287, or respond to, a collection of information from wetlands conservation electronically to [email protected]. unless it displays a currently valid OMB control number. organizations, the Secretary of the Board SUPPLEMENTARY INFORMATION: The OMB The Service previously published a of the National Fish and Wildlife regulations at 5 CFR part 1320, which 60-day notice on the information Foundation, and the Director of the implement provisions of the Paperwork collections associated with this Service. This administrative body is Reduction Act of 1995 (Pub. L. 104–13), evaluation grants program (64 FR 6908) chartered, under the Federal Advisory require that interested members of the on Thursday, February 11, 1999. The Committee Act, by the U.S. Department public and affected agencies have an comment period expired April 12, 1999. of the Interior as the North American opportunity to comment on information The Service, in this notice, is requesting Wetlands Conservation Council collection and recordkeeping activities comment for the 30-day period (Council). As such, the purpose of the (see 5 CFR 1320.8(d)). We are seeking following its date of publication in the Council is to periodically recommend clearance from the OMB to collect Federal Register. No comments were wetlands conservation project proposals information in conjunction with a new provided to the Service Information to the Migratory Bird Conservation Evaluation Grants Pilot Program to be Collection Officer as a result of the Commission (MBCC) for funding. conducted under the North American February 11 notice. Subsection (c) of Section 5 (Council Wetlands Conservation Act (NAWCA) We invite your comments on: (1) Procedures) provides that the ‘‘* ** (Pub. L. 101–233, as amended; Whether the collection of information is Council shall establish practices and December 13, 1989). The Act, Section 19 necessary for the proper performance of procedures for the carrying out of its (Assessment of Progress in Wetlands the functions of the agency, including functions under subsections (a) and (b) Conservation), requires the Secretary of whether the information will have of this section * * *’’ which are the Interior, in cooperation with the practical utility; (2) the accuracy of the consideration of projects and North American Wetlands Conservation agency’s estimate of the burden of the recommendations to the MBCC, Council, to: ‘‘* * * 1) develop and collection of information; (3) ways to respectively. The means by which the implement a strategy to assist in the enhance the quality, utility and clarity Council decides which project implementation of this Act in of the information to be collected; and, proposals are important to recommend conserving the full complement of (4) ways to minimize the burden of the to the MBCC is through grants programs North American wetlands systems and collection of information on that are coordinated through the species dependent on those systems, respondents. Council Coordinator’s office (NAWWO) that incorporates information existing Title: Information Collection In within the Service. on the date of the issuance of the Support of Grant Programs Authorized Applications from partnerships strategy in final form on types of by the North American Wetlands competing for grant funds must describe wetlands habitats and species Conservation Act of 1989 (NAWCA). in substantial detail project locations dependent on the habitats; and (2) Approval Number: 1018–0104. OMB and other characteristics that will meet develop and implement procedures to emergency approval granted June 4, standards established by the Council monitor and evaluate the effectiveness 1999. and requirements of NAWCA. The of wetlands conservation projects Service Form Number(s): N/A. Evaluation Grants Pilot Program will completed under this Act.’’ To meet this Description and Use: The North differ in that it will be a two-stage requirement, we are embarking upon an American Waterfowl Management Plan process wherein successful applicants Evaluation Grants Pilot Program (NAWMP), first signed in 1986, is a will have submitted both a pre-proposal initative that requires selected tripartite agreement among Canada, and a proposal. Pre-proposals are prospective grantees to submit pre- Mexico and the United States to intended to allow screening such that 44234 Federal Register / Vol. 64, No. 156 / Friday, August 13, 1999 / Notices only the projects that have the greatest Dated: May 25, 1999. Dated: August 2, 1999. potential for contributing to the Jamie Rappaport Clark, John G. Rogers, evaluation program will be continued Director, Fish and Wildlife Service. Director. into the proposal stage. The Council [FR Doc. 99–20962 Filed 8–12–99; 8:45 am] [FR Doc. 99–20934 Filed 8–12–99; 8:45 am] Coordinator’s office currently publishes BILLING CODE 4310±55±P and distributes Standard and Small BILLING CODE 4310±55±P Grants instructional booklets that assist applicants in formulating project DEPARTMENT OF THE INTERIOR DEPARTMENT OF THE INTERIOR proposals for Council consideration. The guidelines for this new grants Fish and Wildlife Service Bureau of Indian Affairs evaluation initiative, to be contained in Indian Gaming the request for proposal, is an additional Conference of the Parties to the information collection instrument. The Convention on International Trade in AGENCY: Bureau of Indian Affairs, guidelines and instructions and other Endangered Species of Wild Fauna Interior. instruments, e.g., Federal Register and Flora (CITES); Eleventh Regular ACTION: Notice of amendment to notices on request for proposals, are the Meeting; Proposed Resolutions and approved Tribal-State Compact. basis for this information collection Agenda Items Being Considered; request for OMB clearance. Information Species Being Considered for SUMMARY: Pursuant to Section 11 of the collected under this program is used to Amendments to the CITES Indian Gaming Regulatory Act of 1988, respond to such needs as: audits, Appendices; Public Meeting; Observer Public Law 100–497, 25 U.S.C. 2710, the program planning and management, Information Secretary of the Interior shall publish, in program evaluation, Government the Federal Register, notice of approved Performance and Results Act reporting, AGENCY: Fish and Wildlife Service, Tribal-State Compacts for the purpose of Standard Form 424 (Application For Interior. engaging in Class III gaming activities Federal Assistance), grant agreements, on Indian lands. The Assistant budget reports and justifications, public ACTION: Notice, correction. Secretary—Indian Affairs, Department and private requests for information, of the Interior, through his delegated data provided to other programs for In our July 8, 1999, Federal Register authority, has approved the First databases on similar programs, notice entitled ‘‘Conference of the Amendment to the Tribal/State Compact Congressional inquiries and reports Parties to the Convention on for Class III Gaming between the required by NAWCA, etc. In the case of International Trade in Endangered Nisqually Tribe and the State of the additional Evaluation Grants Pilot Species of Wild Fauna and Flora Washington, which was executed on Program guidelines, the request (CITES); Eleventh Regular Meeting; March 4, 1999. responds also to the statutory Proposed Resolutions and Agenda Items DATES: This action is effective August requirements of the Act. Being Considered; Species Being 13, 1999. In summary, information collection Considered for Amendments to the FOR FURTHER INFORMATION CONTACT: under this program is required to obtain CITES Appendices; Public Meeting; George T. Skibine, Director, Indian a benefit, i.e., a cash reimbursable grant Observer Information’’ (64 FR 36893), Gaming Management Staff, Bureau of that will be given competitively to we make the following correction: Indian Affairs, Washington, D.C. 20240, selected applicants based on eligibility (202) 219–4066. and the relative value of their projects On page 36909, in the fourth to contribute to meaningful technical paragraph under item number 6 entitled Dated: August 5, 1999. evaluation of the success of the grants ‘‘Atlantic swordfish (Xiphias gladius),’’ Kevin Gover, programs. The information collection is which appears in the second column on Assistant Secretary—Indian Affairs. the page, the last sentence reading ‘‘The subject to the Paperwork Reduction Act [FR Doc. 99–20932 Filed 8–12–99; 8:45 am] plan also includes limited entry for the requirements for such activity, which BILLING CODE 4310±02±P includes soliciting comments from the commercial fishery and a time/area general public regarding the nature and closure to reduce juvenile swordfish burden imposed by the collection. mortality’’ is corrected to read follows: DEPARTMENT OF THE INTERIOR Frequency of Collection: Occasional. ‘‘The plan also includes limited entry We intend the Evaluation Grant Pilot for the commercial fishery. Bureau of Indian Affairs Program to have one project proposal Additionally, the National Marine submissions window per year. Fisheries Service is working on analyses Indian Gaming Description of Respondents: to implement a time/area closure that AGENCY: Bureau of Indian Affairs, Households and/or individuals; would protect small swordfish. The Interior. National Marine Fisheries Service business and/or other for-profit; not-for- ACTION: Notice of Tribal-State Gaming proposed a time/area closure to protect profit institutions; farms; Federal Compact taking effect. Government; and State, local and/or small swordfish in the draft FMP. Tribal governments. However, in response to comments SUMMARY: Pursuant to Section 11 of the Estimated Completion Time: We indicating the ineffectiveness of the Indian Gaming Regulatory Act of 1988 estimate the reporting burden, or time proposed Florida Straits closure, as well (IGRA), Public Law 100–497, 25 U.S.C. involved in writing project submissions, as updated analyses, the National 2710, the Secretary of the Interior shall to be 8 hours for a pre-proposal and 40 Marine Fisheries Service deferred the publish, in the Federal Register, notice hours for a proposal. implementation of a time/area closure of approved Tribal-State Compacts for Number of Respondents: We estimate for protection of small swordfish until a the purpose of engaging in Class III that 30 pre-proposals and 10 proposals later date, pending further analyses and gaming activities on Indian lands. The will be submitted each year for the review of more effective, and probably Assistant Secretary—Indian Affairs, grants evaluation pilot program. larger, time/area closures.’’ Department of the Interior, through his Federal Register / Vol. 64, No. 156 / Friday, August 13, 1999 / Notices 44235 delegated authority, is publishing notice to penalties outlined in 43 CFR Subpart comments may also be presented at five that the Amendment to Appendix X to 8360.0–7. public hearings, to be held: the Compact between the St. Regis FOR FURTHER INFORMATION CONTACT. September 8, 1999 (7–9pm)—Eureka Mohawk Tribe and the State of New Michael A. Taylor, Field Manager, Opera House, Eureka, NV York, executed on May 27, 1999, is Phoenix Field Office, 2015 West Deer September 9, 1999 (7–9pm)—Austin considered to have been approved. By Valley Road, Phoenix, Arizona 85027; Town Hall, Austin, NV the terms of IGRA this amendment is (623) 580–5500. September 21, 1999 (7–9pm)—Gabbs considered approved, but only to the Dated: August 5, 1999. Recreation Hall, Gabbs, NV extent it is consistent with the September 22, 1999 (7–9pm)—Fallon Michael A. Taylor, provisions of IGRA. Convention Center, 100 Campus Way, Field Manager. DATES: This action is effective August Fallon, NV [FR Doc. 99–20936 Filed 8–12–99; 8:45 am] 13, 1999. September 23, 1999 (7–9pm)—BLM BILLING CODE 4310±32±M Nevada State Office, 1340 Financial FOR FURTHER INFORMATION CONTACT: Blvd, Reno, NV George T. Skibine, Director, Indian ADDRESSES: Comments should be sent Gaming Management Staff, Bureau of DEPARTMENT OF THE INTERIOR Indian Affairs, 1849 C Street, NW, MS to: Bureau of Land Management, Carson 2070–MIB, Washington, D.C. 20240, Bureau of Land Management City Field Office, 5665 Morgan Mill (202) 219–4066. Road, Carson City, NV 89701, Attn: DEPARTMENT OF DEFENSE Terri Knutson, Project Manager. Dated: August 9, 1999. Comments may also be sent via Kevin Gover, Department of the Navy electronic mail to the following address: Assistant Secretary-Indian Affairs. [NV±030±1492±00] [email protected] or via fax: (775) [FR Doc. 99–20931 Filed 8–12–99; 8:45 am] 885–6147. A limited number of copies BILLING CODE 4310±02±P Notice of Availability for the Draft of the Draft EIS may be obtained at the Environmental Impact Statement, above BLM Field Office in Carson City, Bureau of Land Management Carson NV, as well as, BLM Battle Mountain DEPARTMENT OF THE INTERIOR City and Battle Mountain, Nevada Field Field Office, 50 Bastian Road, Battle Offices and Department of the Navy, Mountain, NV 89820. In addition, the Bureau of Land Management Naval Air Station Fallon, Nevada Draft EIS is available on the internet via [Docket No. AZ±020±1210±00] the Carson City Field Office Home Page AGENCY: Bureau of Land Management, at: www.nv.blm.gov/carson. Emergency Closure of Harquahala Department of the Interior and Naval Comments, including names and Pack Trail; Phoenix Field Office, Air Station Fallon, Nevada, Department addresses of respondents, will be Arizona of the Navy. available for public review at the above ACTION: Notice of availability of a draft address during regular business hours AGENCY: Bureau of Land Management, environmental impact statement (EIS) (7:30 a.m.–5 p.m.), Monday through Interior. for the Naval Air Station Fallon’s Friday, except holidays, and may be ACTION: Notice of temporary closure. proposed Fallon Range Training published as part of the EIS. Individual Complex Requirements. SUMMARY: This notice is to inform the respondents may request confidentiality. If you wish to withhold public that the Bureau of Land Cooperating Agencies Management intends to temporarily your name or street address from public close the Harquahala Pack Trail in the Federal Aviation Administration, U.S. review or from disclosure under the Harquahala Mountains Wilderness to all Fish and Wildlife Service, U.S. Forest Freedom of Information Act, you must public use. This closure is being Service, Bureau of Indian Affairs, state this prominently at the beginning established due to recent flood damage Yomba Shoshone Tribe, Fallon Paiute- of your written comment. However, we that has rendered portions of the Shoshone Tribe, Walker River Paiute will not consider anonymous Harquahala Pack Trail extremely Tribe, Nevada Division of Wildlife, comments. Such requests will be hazardous for public use. The closure Eureka, Lander, and Churchill County honored to the extent allowed by law. will take effect upon publication of this Commissions, and Kingston Town All submissions from organizations or notice and will remain in effect until Board. businesses, and from individuals completion of restoration of the trail, on SUMMARY: Pursuant to section 102 (2) (C) identifying themselves as or about May 31, 2000. of the National Environmental Policy representatives or officials of The following persons, operating Act (NEPA) and 40 CFR parts 1500– organizations or businesses, will be within the scope of their official duties, 1508 Council on Environmental Quality made available for public inspection in are exempt from the provisions of this Regulations (CEQ), notice is given that their entirety. closure: Employees of the BLM, Arizona the Bureau of Land Management (BLM) FOR FURTHER INFORMATION CONTACT: Game and Fish Department, and local Carson City and Battle Mountain, Terri Knutson, Carson City BLM, at and federal law enforcement and fire Nevada Field Offices and the (775) 885–6156 or Gary Foulkes, Battle protection personnel. Access by Department of the Navy (Navy) Naval Mountain BLM, at (775) 635–4060, or additional parties may be allowed, but Air Station Fallon have jointly prepared, Larry Jones, NAS Fallon, at (775) 426– must be approved in advance in writing with the assistance of a third-party 2405. by the Phoenix Field Manager. This consultant, a Draft EIS on the proposed SUPPLEMENTARY INFORMATION: The Naval closure is in accordance with the Fallon Range Training Complex Air Station Fallon completed the Fallon provisions of the Federal Land Policy Requirements, and has made the Range Training Complex Requirements and Management Act of 1976 (43 USC document available for public and Document in November 1998 which 1701), and 43 CFR, Subpart 8364.1. Any agency review. identifies and updates Navy training on person who fails to comply with the DATES: Comments will be accepted until public and Navy-owned lands in central provisions of this closure may be subject October 13, 1999. Oral and/or written Nevada. The requirements document 44236 Federal Register / Vol. 64, No. 156 / Friday, August 13, 1999 / Notices includes: Electronic Warfare, Airspace, SUMMARY: The following described land public comment in response to the Target Complex (B–16, B–17, B–19, B– is being considered for lease under the notice. This notice solicits comments on 20), Tracking/Communications, and authority of Section 302 of the Federal the proposed extension of an existing Land Training. Land Policy and Management Act of collection of information titled Directed This Draft EIS analyzes the 1976 (43 U.S.C. 1732), and 43 CFR Part Third-Party Communications Between environmental impacts associated with 2920 at no less than appraised fair Operators and Deliverers of Federal RIK the proposed action, three action market rental: Production to Strategic Petroleum alternatives, and the no action 6th Principal Meridian, Colorado Reserve (OMB Control Number 1010– alternative. Issues and resources 0130). T. 3 S., R. 73 W., Section 13: SW1⁄4NW1⁄4 analyzed in the Draft EIS include land DATES (2 parcels within) The two parcels, : Submit written comments on the use, airspace use, biological resources, containing 0.94 acres, are isolated tracts of collection of information by October 12, geology, soils, and minerals, water public land located within a parking facility 1999. resources, cultural resources, Native owned by the City of Central, Colorado. This ADDRESSES: Submit written comments American Religious Concerns, visual parking facility was developed by the City for on the collection of information to the resources, Environmental Justice and use by gambling patrons. The parcels would Minerals Management Service, Royalty socioeconomics, recreation, grazing, be offered noncompetitively to the City under Management Program, Rules and a 20-year renewable lease. Detailed wild horse and burros, air quality, noise, Publications Staff, P.O. Box 25165, MS– public safety and hazardous materials. information concerning the lease will be available upon request. 3021, Denver, Colorado 80225–0165; Public participation has occurred courier address is Building 85, Room ADDRESSES: during the EIS process. A Notice of Bureau of Land A613, Denver Federal Center, Denver, Intent was filed in the Federal Register Management, Royal Gorge Field Office, Colorado 80225; e:mail address is on December 21, 1998, and an open 3170 East Main Street, Canon City, [email protected]. Colorado 81212. scoping period was held until February FOR FURTHER INFORMATION CONTACT: For DATES: 1999. Four public scoping meetings to Interested parties may submit questions concerning this collection of solicit comments were held in January comments to the Field Office Manager at information, please contact Richard 1999 in Eureka, Austin, Fallon, and the above address until September 13, Winnor, RIK Study Team, telephone Reno, Nevada. All comments presented 1999. (202) 208–3118. You may also obtain to the BLM and Navy throughout the FOR FURTHER INFORMATION CONTACT: copies of this collection of information EIS process have been considered. Lindell Greer, Realty Specialist at (719) by contacting MMS’s Information To assist the BLM and Navy in 269–8532. Collection Clearance Officer at (202) identifying and considering issues and SUPPLEMENTARY INFORMATION: Any 208–7744. concerns regarding the proposed action adverse comments will be evaluated by SUPPLEMENTARY INFORMATION: and alternatives, comments on the Draft the State Director, who may sustain, Under the PRA, Federal agencies must EIS should be as specific as possible. It modify, or vacate this realty action. obtain approval from OMB for each is also helpful if comments refer to Levi Deike, collection of information they conduct specific pages or chapters in the Field Office Manager. or sponsor. Section 3506(c)(2)(A) of the document. Comments may address the [FR Doc. 99–20935 Filed 8–12–99; 8:45 am] PRA requires Federal agencies to adequacy of the Draft EIS and/or the BILLING CODE 4310±JB±P provide a 60-day notice in the Federal merits of the alternatives formulated Register concerning each proposed and discussed in the document. collection of information, including After the comment period ends for the DEPARTMENT OF THE INTERIOR each proposed extension of an existing Draft EIS, comments will be analyzed collection of information, before and considered jointly by the BLM and Minerals Management Service submitting the collection to OMB for the Navy in preparing the Final EIS. approval. To comply with this Agency Information Collection Dated: July 29, 1999. requirement, MMS is publishing notice Activities: Submission for Office of of the proposed collection of John Singlaub, Management and Budget Review; Manager, BLM Carson City. information listed below. Comment Request; Extension With respect to the following Dated: July 28, 1999. AGENCY: Minerals Management Service, collection of information, MMS invites RADM T.R. Beard, Interior. comments on: (1) Whether the proposed Commander, Naval Strike and Air Warfare ACTION: collection of information is necessary Center Fallon. Notice of extension of a currently approved information for the proper performance of MMS’s [FR Doc. 99–20625 Filed 8–12–99; 8:45 am] collection. functions, including whether the BILLING CODE 4310±HC±P information will have practical utility; SUMMARY: In compliance with the (2) the accuracy of MMS’s estimate of Paperwork Reduction Act (PRA) (44 the burden of the proposed collection of DEPARTMENT OF INTERIOR U.S.C. 3501 et seq.), we are notifying information, including the validity of you that MMS is planning to submit an the methodology and assumptions used; Bureau of Land Management information collection request to the (3) ways to enhance the quality, utility, Office of Management and Budget and clarity of the information to be [COC±57578; CO±200±1430±01] (OMB) to request an extension of a collected; and (4) ways to minimize the currently approved collection. Under burden of the collection of information Notice of Realty Action; Colorado the PRA, Federal agencies are required on respondents, including through the AGENCY: Bureau of Land Management, to publish notice in the Federal Register use of automated collection techniques, Interior. concerning each proposed collection of when appropriate, and other forms of information, including each proposed ACTION: Notice of realty action, lease of information technology. extension of an existing collection of In addition, the PRA requires agencies public lands in gilpin county, colorado. information and to allow 60 days for to estimate the total annual reporting Federal Register / Vol. 64, No. 156 / Friday, August 13, 1999 / Notices 44237 and recordkeeping ‘‘cost’’ burden to 1999 for the exchange of Federal RIK The PRA provides that an agency may respondents or recordkeepers resulting crude oil for oil to be delivered to the not conduct or sponsor, and a person is from the collection of information. We SPR. This initiative is separate from not required to respond to, a collection need to know if you have costs MMS’s RIK program for eligible refiners of information unless it displays a associated with the collection of this of crude oil. It is also separate from currently valid OMB Control Number. information for either total capital and MMS’s three RIK pilot projects and Burden Statement: The reporting startup cost components or annual investigation of direct Federal burden is estimated to average 2 operation, maintenance, and purchase consumption which are being minutes per response including the time of service components. Your estimates conducted to show whether or not RIK for reviewing the instructions. In should consider the costs to generate, is viable for the Federal Government. calculating the burden, we assume that maintain, and disclose or provide the To assure timely delivery to DOE of respondents perform many of the information. You should describe the MMS’s correct volume of RIK requirements and maintain records in methods you use to estimate major cost production, MMS is issuing letters the usual and customary course of their factors, including system and directing lessees and operators, from business activities. technology acquisition, expected useful whose Federal leases RIK is to be taken, Respondents/Affected Entities: life of capital equipment, discount to carry out all necessary Lessees or operators of Federal oil or gas rate(s), and the period over which you communications needed during the leases participating in delivery of incur costs. Capital and startup costs exchanges and deliveries. OMB granted Federal RIK production to the SPR. include, among other items, computers emergency approval (OMB Control Frequency of Collection: Monthly. and software you purchase to prepare Number 1010–0130, expiration date Estimated Number of Respondents: 42 for collecting information; monitoring, November 30, 1999) for MMS to instruct in Year 1; and 42 in Year 2. sampling, drilling, and testing lessees or their operators through such Estimated Total Annual Burden on equipment; and record storage facilities. a letter, which contains reporting and Respondents: 26 hours in Year 1; and 46 Generally, your estimates should not recordkeeping requirements, to conduct in Year 2. include equipment or services all necessary communications with RIK MMS Information Collection purchased: (i) before October 1, 1995; exchange contractors during RIK SPR Clearance Officer: Jo Ann Lauterbach (ii) to comply with requirements not activities. (202) 208–7744. associated with the information The three kinds of directed Dated: August 6, 1999. collection; (iii) for reasons other than to communication between operators and Lucy Querques Denett, provide information or keep records for exchange contractors are: (1) Associate Director for Royalty Management. information about the volumes, quality, the Government; or (iv) as part of [FR Doc. 99–20994 Filed 8–12–99; 8:45 am] customary and usual business or private and delivery dates of production being BILLING CODE 4310±MR±P practices. made available as RIK; (2) information Title: Directed Third Party correcting volumes, quality, and timing Communications Between Operators of delivery and acceptance of RIK and Deliverers of Federal RIK production; and (3) information DEPARTMENT OF LABOR concerning transportation costs, if Production to Strategic Petroleum Office of the Secretary Reserve—Extension. needed. Experience with RIK Pilots OMB Control Number: 1010–0130. demonstrates that the directed Submission for OMB Review; Abstract: The Secretary of the Interior, communication requirements differ Comment Request under the Mineral Leasing Act (30 according to the needs of each situation. U.S.C. 192) and the Outer Continental We had reasoned that, by obtaining August 6, 1999. Shelf Lands Act (43 U.S.C. 1353), is approval for these three kinds of The Department of Labor (DOL) has responsible for the management of reporting requirements (as opposed to submitted the following public royalties on minerals produced from approval of a number of specific letters information collection requests (ICRs) to leased Federal lands. MMS carries out to operators), we could draft situation- the Office of Management and Budget these responsibilities for the Secretary. specific letters—that is letters including (OMB) for review and approval in Most royalties are now paid in value— only the types of directed accordance with the Paperwork when a company or individual enters communications needed for each pilot Reduction Act of 1995 (Pub. L. 104–13, into a contract to develop, produce, and situation. This logic and the substance 44 U.S.C. Chapter 35). A copy of each dispose of minerals from Federal lands, of the situation applies to the SPR individual ICR, with applicable that company or individual agrees to situation also. supporting documentation, may be pay the United States a share (royalty) The types of communication and obtained by calling the Department of of the full value received for the supporting data we will require Labor, Departmental Clearance Officer, minerals taken from leased lands. MMS operators to use in setting up the Ira Mills ((202) 219–5096 ext. 143) or by may take the Government’s royalty in monthly delivery of RIK to the SPR are E-Mail to [email protected]. the form of production, that is, as standard business practices in the oil Comments should be sent to the royalty-in-kind (RIK). and gas industry. The information in the Office of Information and Regulatory On February 11, 1999, the Department directed communication is essential to Affairs, Attn: OMB Desk Officer for BLS, of the Interior announced that it will the delivery and acceptance of verifiable DM, ESA, ETA, MSHA, OSHA, PWBA, assist in an Administration initiative to quantities and qualities of oil and gas or VETS, Office of Management and collect RIK crude oil production from and is exchanged as a normal part of the Budget, Room 10235, Washington, DC Federal lessees in the Gulf of Mexico conduct of those business activities, 20503 ((202) 395–7316), within 30 days and transfer the RIK to the Department even when operators are not directed to from the date of this publication in the of Energy (DOE). DOE will use the RIK do so. No proprietary information will Federal Register. oil to refill 28 million barrels of oil be submitted to MMS under this The OMB is particularly interested in removed several years ago from the collection. No items of a sensitive comments which: Strategic Petroleum Reserve (SPR). DOE nature are collected. The requirement to • Evaluate whether the proposed published a Request for Offers in April respond is mandatory. collection of information is necessary 44238 Federal Register / Vol. 64, No. 156 / Friday, August 13, 1999 / Notices for the proper performance of the and/or continuing collections of functions of the agency, including functions of the agency, including information in accordance with the whether the information will have whether the information will have Paperwork Reduction Act of 1995 practical utility; practical utility; (PRA95) [44 U.S.C. 3506(c)(2)(A)]. This • Evaluate the accuracy of the • Evaluate the accuracy of the program helps to ensure that requested agency’s estimate of the burden of the agency’s estimate of the burden of the data can be provided in the desired proposed collection of information, proposed collection of information, format, reporting burden (time and including the validity of the including the validity of the financial resources) is minimized, methodology and assumptions used; methodology and assumptions used; collection instruments are clearly • • Enhance the Equality, utility, and Enhance the quality, utility, and understood, and the impact of collection clarity of the information to be clarity of the information to be requirements on respondents can be collected; and collected; and properly assessed. Currently, the Office • • Minimize the burden of the of Trade Adjustment Assistance is Minimize the burden of the collection of information on those who soliciting comments concerning the collection of information on those who are to respond, including through the proposed extension of data collection are to respond, including through the use of appropriate automated, using Form ETA 563, Quarterly use of appropriate automated, electronic, mechanical, or other Determinations, Allowance Activities, electronic, mechanical, or other technological collection techniques or and Reemployment Services Under the technological collection techniques or other forms of information technology, Trade Act. other forms of information technology, e.g., permitting electronic submission of A copy of the proposed information e.g., permitting electronic submissions responses. collection request (ICR) can be obtained of responses. Agency: Employment Standards by contacting the office listed below in III. Current Actions Administration. the addressee section of this notice. This is a notice of proposed extension Title: Application of the Polygraph DATES: Written comments must be of collection of information currently Protection Act. submitted to the office listed in the approved by OMB and assigned— OMB Number: 1215–0170. addressee’s section below on or before Frequency: On occasion. October 12, 1999. OMB Control No.: 1205–0016. Affected Public: Individuals or ADDRESSES: Curtis K. Kooser, Type of Review: Extension. households; business or other for-profit, Information Specialist, Office of Trade Agency: Employment and Training not-for-profit institutions. Adjustment Assistance, Room C4318, Administration. Number of Respondents: 328,000. 200 Constitution Ave., NW, Title: Quarterly Determinations, Estimated Time Per Respondent: 15– Washington, DC 20210. Phone (202) Allowance Activities, and 90 minutes. 219–4845, ext. 111 (this is not a toll-free Reemployment Services Under the Total Burden Hours: 82,406. number), FAX (202) 218–5753. Trade Act. Total Annualized capital/startup SUPPLEMENTARY INFORMATION: costs: $0. OMB Number: 1205–0016. Total annual costs (operating/ I. Background Affected Public: State or Local Government. maintaining systems or purchasing The Trade Act of 1974, Section services): $0. 236(d), as amended, requires the Cite/Reference/Form/etc: Form ETA Description: These third-party President to submit an annual report to 563. notifications and recordkeeping the Congress on the trade agreements Total Respondents: 52. requirements are necessary to insure program which includes information on Frequency: Quarterly. polygraph examinees receive the trade adjustment assistance for workers. Total Responses: An average of about protections and rights mandated by the The information from this collection of Employee Polygraph Protection Act. 4,275 responses are received each data is also used in the Secretary’s quarter, or about 17,100 per year. Ira L. Mills, annual report to Congress on training Average Time per Response: The Departmental Clearance Officer. waivers granted and revoked, as average time per response is estimated [FR Doc 99–20996 Filed 8–12–99; 8:45 am] required by Section 231(c)(3) of the to be 12 minutes. BILLING CODE 4510±27±M Trade Act, as amended by the Omnibus Trade and Competitiveness Act of 1988. Estimated Total Burden Hours: 3,472. Furthermore, key workload data on the Total Burden Cost (capital/startup): 0. DEPARTMENT OF LABOR Trade Adjustment Assistance (TAA) and Total Burden Cost (operating/ North American Free Trade Agreement maintaining): 0. Employment and Training Transitional Adjustment Assistance Administration Comments submitted in response to (NAFTA–TAA) programs are needed to this comment request will be measure program performance and to Proposed Collection; Comment summarized and/or included in the allocate program and administrative Request request for Office of Management and funds to State agencies administering Budget approval of the information ACTION: Notice. the programs for the Secretary. collection request; they will also II. Review Focus become a matter of public record. SUMMARY: The Department of Labor, as part of its continuing effort to reduce The Department of Labor is Dated: August 10, 1999. paperwork and respondent burden particularly interested in comments Edward A. Tomchick, conducts a preclearance consultation which: Director, Office of Trade Adjustment program to provide the general public • Evaluate whether the proposed Assistance. and Federal agencies with an collection of information is necessary [FR Doc. 99–20995 Filed 8–12–99; 8:45 am] opportunity to comment on proposed for the proper performance of the BILLING CODE 4510±30±M Federal Register / Vol. 64, No. 156 / Friday, August 13, 1999 / Notices 44239
DEPARTMENT OF LABOR CFR Parts 1 and 5. Accordingly, the MD990057 (Mar. 12, 1999) applicable decision, together with any MD990058 (Mar. 12, 1999) Employment Standards Administration modifications issued, must be made a Pennsylvania part of every contract for performance of PA990008 (Mar. 12, 1999) Wage and Hour Division PA990012 (Mar. 12, 1999) the described work within the PA990015 (Mar. 12, 1999) Minimum Wages for Federal and geographic area indicated as required by PA990021 (Mar. 12, 1999) Federally Assisted Construction; an applicable Federal prevailing wage PA990023 (Mar. 12, 1999) General Wage Determination Decisions law and 29 CFR Part 5. The wage rates PA990024 (Mar. 12, 1999) and fringe benefits, notice of which is PA990028 (Mar. 12, 1999) General wage determination decisions published herein, and which are PA990035 (Mar. 12, 1999) of the Secretary of Labor are issued in contained in the Government Printing PA990040 (Mar. 12, 1999) accordance with applicable law and are Office (GPO) document entitled PA990052 (Mar. 12, 1999) based on the information obtained by ‘‘General Wage Determinations Issued PA990063 (Mar. 12, 1999) Virginia the Department of Labor from its study Under The Davis-Bacon And Related of local wage conditions and data made VA990025 (Mar. 12, 1999) Acts,’’ shall be the minimum paid by VA990078 (Mar. 12, 1999) available from other sources. They contractors and subcontractors to specify the basic hourly wage rates and VA990092 (Mar. 12, 1999) laborers and mechanics. VA990099 (Mar. 12, 1999) fringe benefits which are determined to Any person, organization, or West Virginia be prevailing for the described classes of governmental agency having an interest WV990002 (Mar. 12, 1999) laborers and mechanics employed on in the rates determined as prevailing is WV990003 (Mar. 12, 1999) construction projects of a similar encouraged to submit wage rate and Volume III character and in the localities specified fringe benefit information for None therein. consideration by the Department. The determinations in these decisions Further information and self- Volume IV of prevailing rates and fringe benefits explanatory forms for the purpose of None have been made in accordance with 29 submitting this data may be obtained by Volume V CFR Part 1, by authority of the Secretary writing to the U.S. Department of Labor, of Labor pursuant to the provisions of Employment Standards Administration, Iowa the Davis-Bacon Act of March 3, 1931, Wage and Hour Division, Division of IA990005 (Mar. 12, 1999) IA990009 (Mar. 12, 1999) as amended (46 Stat. 1494, as amended, Wage Determinations, 200 Constitution 40 U.S.C. 276a) and of other Federal IA990013 (Mar. 12, 1999) Avenue, NW, Room S–3014, statutes referred to in 29 CFR Part 1, IA990016 (Mar. 12, 1999) Washington , DC 20210. Appendix, as well as such additional IA990024 (Mar. 12, 1999) statutes as may from time to time be Modifications to General Wage IA990080 (Mar. 12, 1999) Kansas enacted containing provisions for the Determination Decisions KS990002 (Mar. 12, 1999) payment of wages determined to be The number of decisions listed in the Oklahoma prevailing by the Secretary of Labor in Government Printing Office document OK990013 (Mar. 12, 1999) accordance with the Davis-Bacon Act. entitled ‘‘General Wage Determinations OK990014 (Mar. 12, 1999) The prevailing rates and fringe benefits Issued Under the Davis-Bacon and OK990016 (Mar. 12, 1999) determined in these decisions shall, in Related Acts’’ being modified are listed OK990017 (Mar. 12, 1999) OK990028 (Mar. 12, 1999) accordance with the provisions of the by Volume and State. Dates of foregoing statutes, constitute the OK990034 (Mar. 12, 1999) publication in the Federal Register are OK990035 (Mar. 12, 1999) minimum wages payable on Federal and in parentheses following the decisions federally assisted construction projects OK990036 (Mar. 12, 1999) being modified. OK990037 (Mar. 12, 1999) to laborers and mechanics of the Volume I OK990038 (Mar. 12, 1999) specified classes engaged on contract OK990043 (Mar. 12, 1999) work of the character and in the Connecticut Texas localities described therein. CT990001 (Mar. 12, 1999) TX990005 (Mar. 12, 1999) Good cause is hereby found for not CT990002 (Mar. 12 1999) TX990007 (Mar. 12, 1999) utilizing notice and public comment CT990003 (Mar. 12, 1999) CT990004 (Mar. 12, 1999) VOLUME VI procedure thereon prior to the issuance CT990005 (Mar. 12, 1999) of these determinations as prescribed in Montana MT990001 (Mar. 12, 1999) 5 U.S.C. 553 and not providing for delay Volume II in the effective date as prescribed in that District of Columbia VOLUME VII section, because the necessity to issue DC990001 (Mar. 12, 1999) Hawaii current construction industry wage Maryland HI990001 (Mar. 12, 1999) determinations frequently and in large MD990001 (Mar. 12, 1999) MD990002 (Mar. 12, 1999) General Wage Determination volume causes procedures to be MD990010 (Mar. 12, 1999) Publication impractical and contrary to the public MD990011 (Mar. 12, 1999) interest. MD990012 (Mar. 12, 1999) General wage determinations issued General wage determination MD990017 (Mar. 12, 1999) under the Davis-Bacon and related Acts, decisions, and modifications and MD990022 (Mar. 12, 1999) including those noted above, may be supersedes decisions thereto, contain no MD990031 (Mar. 12, 1999) found in the Government Printing Office expiration dates and are effective from MD990035 (Mar. 12, 1999) (GPO) document entitled ‘‘General Wage their date of notice in the Federal MD990036 (Mar. 12, 1999) Determinations Issued Under The Davis- MD990037 (Mar. 12, 1999) Register, or on the date written notice MD990043 (Mar. 12, 1999) Bacon and Related Acts.’’ This is received by the agency, whichever is MD990046 (Mar. 12, 1999) publication is available at each of the 50 earlier. These decisions are to be used MD990048 (Mar. 12, 1999) Regional Government Depository in accordance with the provisions of 29 MD990056 (Mar. 12, 1999) Libraries and many of the 1,400 44240 Federal Register / Vol. 64, No. 156 / Friday, August 13, 1999 / Notices
Government Depository Libraries across Room N3653, Washington, DC 20210, or pertinent information, and the the country. phone (202) 693–2110. assessment staff recommended, in a The general wage determinations SUPPLEMENTARY INFORMATION: memo dated February 10, 1999 (see issued under the Davis-Bacon and Exhibit 8), expansion of FMRC’s related Acts are available electronically Notice of Final Decision recognition to include the additional by subscription to the FedWorld The Occupational Safety and Health test standards listed below. Based upon Bulletin Board System of the National Administration (OSHA) hereby gives this examination and recommendation, Technical Information Service (NTIS) of notice of the expansion of recognition of OSHA finds that FMRC has met the the U.S. Department of Commerce at 1– Factory Mutual Research Corporation requirements of 29 CFR 1910.7 for 800–363–2068. (FMRC) as a Nationally Recognized expansion of its recognition to use the Hard-copy subscriptions may be Testing Laboratory (NRTL). FMRC’s additional 5 test standards, subject to purchased from: Superintendent of expansion request covers the use of the limitations and conditions listed Documents, U.S. Government Printing additional test standards. OSHA below. Pursuant to the authority in 29 Office, Washington, DC, 20402, (202) recognizes an organization as an NRTL, CFR 1910.7, OSHA hereby expands the 512–1800. and processes applications related to recognition of FMRC, subject to these When ordering hard-copy such recognitions, following limitations and conditions. As is the subscription(s), be sure to specify the requirements in Section 1910.7 of Title case for any NRTL, FMRC’s recognition State(s) of interest, since subscriptions 29, Code of Federal Regulations (29 CFR is further limited to equipment or may be ordered for any or all of the 1910.7). Appendix A to this section materials (products) for which OSHA seven separate volumes, arranged by requires that OSHA publish this public standards require third party testing and State. Subscriptions include an annual notice of its final decision on an certification before use in the edition (issued in January or February) application. workplace. which includes all current general wage FMRC submitted a request, dated Limitations determinations for the States covered by October 8, 1998 (see Exhibit 7A), to each volume. Throughout the remainder expand its recognition as an NRTL to OSHA hereby expands the recognition of the year, regular weekly updates are include four (4) additional test of FMRC for testing and certification of distributed to subscribers. standards. Then it submitted a request, products to demonstrate compliance to Signed at Washington, DC, this 6th day of dated November 18, 1998 (see Exhibit the following 5 standards. OSHA has August, 1999. 7B), to expand its recognition for one determined that each standard meets the Margaret J. Washington, more test standard. OSHA published the requirements for an appropriate test standard prescribed in 29 CFR Acting Chief, Branch of Construction Wage required notice in the Federal Register Determinations. (64 FR 18939, 4/16/99) to announce the 1910.7(c). [FR Doc. 99–20653 Filed 8–12–99; 8:45 am] application. The notice included a ANSI/UL 1950 Information Technology BILLING CODE 4510±27±M preliminary finding that FMRC could Equipment Including Electrical meet the requirements for expansion of Business Equipment its recognition, and OSHA invited FMRC 2000 Automatic Sprinklers for DEPARTMENT OF LABOR public comment on the application by Fire Protection June 15, 1999. OSHA received no FMRC 2008 Early Suppression-Fast Occupational Safety and Health comments concerning this application. Response (ESFR) Automatic Administration FMRC’s previous application as an Sprinklers [Docket No. NRTL±3±93] NRTL covered its renewal of recognition FMRC 3260 Flame Radiation Detectors as an NRTL (60 FR 16167, 3/29/95), for Automatic Fire Alarm Signaling Factory Mutual Research Corporation, which OSHA granted on August 16, FMRC 3990 Less or nonflammable Expansion of Recognition 1995 (60 FR 42590). Liquid-Insulated Transformers You may obtain or review copies of The NRTL Program staff verified the AGENCY: Occupational Safety and Health all public documents pertaining to the designations and titles of the above test Administration (OSHA), Labor. application by contacting the Docket standards at the time of preparation of ACTION: Notice. Office, Occupational Safety and Health the notice of the preliminary finding. Administration, U.S. Department of Also, the FMRC 3990 test standard was SUMMARY: This notice announces the Labor, 200 Constitution Avenue, NW, incorrectly listed as FMRC 3900 in the Agency’s final decision on the Room N2625, Washington, DC 20210, preliminary notice. application of Factory Mutual Research telephone: (202) 693–2350. You should Corporation (FMRC) for expansion of its refer to Docket No. NRTL–3–93, the Conditions recognition as a Nationally Recognized permanent records of public Factory Mutual Research Corporation Testing Laboratory (NRTL) under 29 information on the FMRC recognition. must also abide by the following CFR 1910.7. The current addresses of the testing conditions of the recognition, in EFFECTIVE DATE: This recognition facilities (sites) that OSHA recognizes addition to those already required by 29 becomes effective on August 13, 1999 for FMRC are: CFR 1910.7: and, unless modified in accordance Factory Mutual Research Corporation, OSHA must be allowed access to with 29 CFR 1910.7, continues in effect 1151 Boston-Providence Turnpike, FMRC’s facilities and records for while FMRC remains recognized by Norwood, Massachusetts 02062 purposes of ascertaining continuing OSHA as an NRTL. Factory Mutual Research Corporation, compliance with the terms of its FOR FURTHER INFORMATION CONTACT: 743 Reynolds Road, West Gloucester, recognition and to investigate as OSHA Bernard Pasquet, Office of Technical Rhode Island 02814 deems necessary; Programs and Coordination Activities, If FMRC has reason to doubt the NRTL Program, Occupational Safety and Final Decision and Order efficacy of any test standard it is using Health Administration, U.S. Department The NRTL Program staff has under this program, it must promptly of Labor, 200 Constitution Avenue, NW, examined the application and other inform the organization that developed Federal Register / Vol. 64, No. 156 / Friday, August 13, 1999 / Notices 44241 the test standard of this fact and provide ADDRESSES: Send comments concerning Underwriters Laboratory International that organization with appropriate this notice to: Office of Technical (U.K.) Ltd., 2 Station View, Guildford, relevant information upon which its Programs and Coordination Activities, Surrey, GU1 4JY, United Kingdom concerns are based; NRTL Program, Occupational Safety and Underwriters Laboratory International FMRC must not engage in or permit Health Administration, U.S. Department Italia S.r.l., Centro Direzionale others to engage in any of Labor, 200 Constitution Avenue, NW, Colleoni, Palazzo Andromeda/3, 1– misrepresentation of the scope or Room N3653, Washington, D.C. 20210. 20041 Agrate Brianza (MI), Milan, conditions of its recognition. As part of FOR FURTHER INFORMATION CONTACT: Italy this condition, FMRC agrees that it will Bernard Pasquet, Office of Technical General Background on the Application allow no representation that it is either Programs and Coordination Activities at and Note on Supplemental Programs a recognized or an accredited Nationally the above address, or phone (202) 693– UL has submitted a request, dated Recognized Testing Laboratory (NRTL) 2110. without clearly indicating the specific March 4, 1998 (see Exhibit 19A), to SUPPLEMENTARY INFORMATION: equipment or material to which this expand its recognition as an NRTL to recognition is tied, or that its Notice of Application include three sites in Europe. UL then recognition is limited to certain submitted supporting information The Occupational Safety and Health products; concerning its request (see Exhibits 19B- Administration (OSHA) hereby gives FMRC must inform OSHA as soon as D) and requested the use of all the notice that Underwriters Laboratories possible, in writing, of any change of ‘‘supplemental’’ programs at each of the Inc. (UL), has applied for expansion of ownership, facilities, or key personnel, 3 sites (see Exhibit 19E). The supporting its current recognition as a Nationally and of any major changes in its information that UL has submitted for Recognized Testing Laboratory (NRTL). operations as an NRTL, including these additional sites provides a general UL’s expansion covers the use of description of UL operations and, as details; additional testing sites. OSHA such, also applies to the sites already FMRC will continue to meet all the recognizes an organization as an NRTL recognized by OSHA. Each of the three terms of its recognition and will always and processes applications related to European sites is a subsidiary of UL. comply with all OSHA policies such recognitions following The site in Milan also includes a testing pertaining to this recognition; requirements in Section 1910.7 of Title facility in Sardinia, Italy. FMRC will continue to meet the 29, Code of Federal Regulations (29 CFR OSHA’s recognition of the three requirements for recognition in all areas 1910.7). Appendix A to this section additional sites will not be limited to where it has been recognized; and requires that OSHA publish this notice any particular test standards. However, FMRC will always cooperate with of the preliminary finding on an recognition of these sites will be limited OSHA to assure compliance with the application. to performing product testing and spirit as well as the letter of its certifications only to the test standards recognition and 29 CFR 1910.7. UL’s previous application as an NRTL covered an expansion of recognition (62 for which the site has the proper Signed at Washington, DC this 3rd day of FR 62359, 11/21/97), which OSHA capability and programs, and for which August, 1999. granted on June 24, 1999 (64 FR 33913). OSHA has recognized UL. This Charles N. Jeffress, The current addresses of the testing treatment is consistent with the Assistant Secretary. facilities (sites) that OSHA already recognition that OSHA has granted to [FR Doc. 99–20997 Filed 8–12–99; 8:45 am] recognizes for UL are: other NRTLs that operate multiple sites. Also, OSHA will permit these sites to BILLING CODE 4510±26±P Underwriters Laboratories Inc., 333 Pfingsten Road, Northbrook, Illinois use of all eight of the ‘‘supplemental’’ 60062 programs. OSHA has already recognized UL for these programs and, as a result, DEPARTMENT OF LABOR Underwriters Laboratories Inc., 1285 we are not listing them again in this Walt Whitman Road, Melville, Long Occupational Safety and Health notice, but merely providing this Island, New York 11747 Administration information as a matter of public Underwriters Laboratories Inc., 1655 [Docket No. NRTL±4±93] interest. Scott Boulevard, Santa Clara, OSHA has described the California 95050 Underwriters Laboratories Inc., supplemental programs referred to Underwriters Laboratories Inc., 12 Application for Expansion of above in a March 9, 1995 Federal Laboratory Drive, P.O. Box 13995, Recognition Register notice (60 FR 12980, 3/9/95). Research Triangle Park, North This notice described nine (9) programs AGENCY: Occupational Safety and Health Carolina 27709 and procedures (collectively, programs), Administration, Labor. Underwriters Laboratories Inc., 2600 eight of which an NRTL may use to ACTION: Notice. NW Lake Road, Camas, Washington control and audit, but not actually to 98607 generate, the data relied upon for SUMMARY: This notice announces the UL International Limited, Veristrong product certification. The notice also application of Underwriters Laboratory Industrial Centre, Block B, 14th Floor, includes the criteria for the use by the Inc. (UL), for expansion of its 34 Au Pui Wan Street, Fo Tan Sha NRTL of these eight, or supplemental, recognition as a Nationally Recognized Tin, New Territories, Hong Kong programs. An NRTL’s initial recognition Testing Laboratory (NRTL) under 29 UL International Services, Ltd., Taiwan will always include the first or basic CFR 1910.7, and presents the Agency’s Branch, 4th Floor, 260 Da-Yeh Road, program, which requires that all product preliminary finding. This preliminary Pei Tou District, Taipei, Taiwan testing and evaluation be performed in- finding does not constitute an interim or The current addresses of the house by the NRTL that will certify the temporary approval of this application. additional UL testing sites covered by product. OSHA developed the program DATES: Comments submitted by the expansion request are: descriptions to limit how an NRTL may interested parties must be received no DEMKO A/S, Lyskaer 8, P.O. Box 514, perform certain aspects of its work and later than October 12, 1999. DK–2730, Herlev, Denmark to permit the activities only when the 44242 Federal Register / Vol. 64, No. 156 / Friday, August 13, 1999 / Notices
NRTL meets certain criteria. In this receive the comment at the address communications and public affairs sense, they are special conditions that provided above (see ADDRESS), no later professions—public relations, print and the Agency places on an NRTL’s than the last date for comments (see broadcast journalism, science and recognition. OSHA does not consider DATES above). You may obtain or review technology publishing, science policy these programs in determining whether copies of UL’s requests, the supporting analysis, science and technology an NRTL meets the requirements for information, the on-site review report, education and outreach, and recognition, or for an expansion or and all submitted comments, as entertainment—and engineering and renewal of recognition, under 29 CFR received, by contacting the Docket science professionals successful in 1910.7. Office, Room N2625, Occupational making science and technology Safety and Health Administration, U.S. Preliminary Finding on the Application accessible to large publics. Stature and Department of Labor, at the above familiarity with NSF and its programs UL has submitted an acceptable address. You should refer to Docket No. are considered in selecting committee request for expansion of its recognition NRTL–4–93, the permanent records of members. Every effort is made to as an NRTL. In connection with these public information on UL’s recognition. achieve a balanced membership with requests, OSHA carried out on-site The NRTL Program staff will review representation including women, reviews of the three sites covered by the all timely comments and, after minority members, disabled persons as expansion request during the period of resolution of issues raised by these well as different geographic regions in September 14–29, 1998. Discrepancies comments, will recommend whether to the U.S. About 20 individuals will serve noted by the review team during the on- grant UL’s expansion request. The on this committee. site reviews were responded to Assistant Secretary will make the final Responsible NSF Official: Susan following their completion and are decision on granting the expansion and, Chase, Acting Section Head, Special included as an integral part of the on- in making this decision, may undertake Projects, Office of Legislative and Public site review report (see Exhibits 20). other proceedings prescribed in Affairs, Room 1245, National Science With the preparation of the final review Appendix A to 29 CFR Section 1910.7. Foundation, 4201 Wilson Boulevard, report, the NRTL Program staff is OSHA will publish a public notice of Arlington, VA 22230, telephone, (703) satisfied that UL has addressed concerns this final decision in the Federal 306–1070. arising from the review. In the report, Register. Dated: August 10, 1999. the staff recommended that OSHA Signed at Washington, D.C. this 3rd day of Karen J. York, expand the recognition of UL to include August, 1999. Committee Management Officer. the three (3) additional sites listed Charles N. Jeffress, above. The staff also recommended that Assistant Secretary. [FR Doc. 99–21065 Filed 8–12–99; 8:45 am] these sites be permitted to use all the BILLING CODE 7555±01±M supplemental programs. [FR Doc. 99–20998 Filed 8–12–99; 8:45 am] Following a review of the application BILLING CODE 4510±26±P file and the on-site review report, the NRTL Program staff concluded that UL NUCLEAR REGULATORY appeared to have met the requirements NATIONAL SCIENCE FOUNDATION COMMISSION for the expansion of recognition to [Docket No. 50±397] include the three (3) additional sites Committee Management; Notice of Establishment listed above. The staff therefore Energy Northwest, Notice of recommended to the Assistant Secretary The Director of the National Science Withdrawal of Application for that the application be preliminarily Foundation has determined that the Amendment to Facility Operating approved. This recognition will be establishment of the Public Affairs License limited to UL utilizing the additional Advisory Group is necessary and in the sites for performing product testing and public interest in connection with the The U.S. Nuclear Regulatory certifications only to the test standards performance of duties imposed upon the Commission (the Commission) has for which the site has the proper National Science Foundation (NSF), by granted the request of Energy Northwest capability and programs, and for which 42 U.S.C. 1861 et seq. This (the licensee), formerly known as the OSHA has recognized UL. determination follows consultation with Washington Public Power Supply Based upon a review of the complete the Committee Management Secretariat, System, to withdraw its October 15, application, and the recommendations General Services Administration. 1996, application for proposed of the staff, the Assistant Secretary has Name of Committee: Public Affairs amendment to Facility Operating made a preliminary finding that Advisory Group (PAAG). License No. NPF–21 for WNP–2, located Underwriters Laboratory Inc., can meet Purpose: The Group’s objective is in Benton County, Washington. the requirements as prescribed by 29 twofold. First, the Group will assess The proposed amendment would CFR 1910.7 for the expansion of its NSF’s current public affairs programs, have revised the facility technical recognition to include the three strategies and goals aimed at improving specifications pertaining to secondary additional sites listed above, subject to public understanding and appreciation containment drawdown time and the above limitation. This preliminary of science and engineering research and secondary containment bypass leakage. finding does not constitute an interim or education. Second, the Group will The Commission had previously temporary approval of the application. advise NSF on strategies and issued a Notice of Consideration of OSHA welcomes public comments, in mechanisms for strengthening NSF’s Issuance of Amendment published in sufficient detail, as to whether UL has public affairs programs in the future. the Federal Register on September 23, met the requirements of 29 CFR 1910.7 This includes help in building strategic 1998 (63 FR 50942). However, by letter for expansion of its recognition as a partnerships between NSF and the dated July 16, 1999, the licensee Nationally Recognized Testing private sector that will amplify the withdrew the proposed change and Laboratory. Your comment should agency’s public affairs programs. stated that they planned to revise and consist of pertinent written documents Balanced Membership Plans. resubmit the amendment request by and exhibits. To consider it, OSHA must Members are broadly representative of November 12, 1999. Federal Register / Vol. 64, No. 156 / Friday, August 13, 1999 / Notices 44243
For further details with respect to this and at the local public document room temperature is expected to approach action, see the application for located at the Auburn Memorial Library, and/or exceed 90 °F on a periodic basis amendment dated October 15, 1999, as 1810 Courthouse Avenue, Auburn, NE resulting in the failure to meet supplemented by letters dated 68305. Technical Specification SR 3.7.2.2. This December 4, 1997, April 12, 1999, and Dated at Rockville, Maryland, this 6th day would require PBAPS, Units 2 and 3 to June 10, 1999, and the licensee’s letter of August 1999. enter into Mode 3 [hot shutdown] dated July 16, 1999, which withdrew For The Nuclear Regulatory Commission operation within 12 hours and Mode 4 [cold shutdown] operation within 36 the application for license amendment. S. Patrick Sekerak, The above documents are available for hours. Project Manager, Section 1, Project public inspection at the Commission’s On July 18, 1999, the normal heat sink Directorate IV & Decommissioning, Division temperature reached 86 °F, which is Public Document Room, the Gelman of Licensing Project Management, Office of Building, 2120 L Street, NW., Nuclear Reactor Regulation. four (4) degrees below the TS limit of 90 °F. At that time, PBAPS Engineering Washington, DC, and at the local public [FR Doc. 99–21056 Filed 8–12–99; 8:45 am] began to identify the design basis document room located at the Richland BILLING CODE 7590±01±P Public Library, 955 Northgate Street, impacts of the increased cooling water Richland, Washington 99352. temperatures, analyze the NUCLEAR REGULATORY environmental conditions that impact Dated at Rockville, MD, this 4th day of the normal heat sink temperature, and August 1999. COMMISSION develop the analysis which would For the Nuclear Regulatory Commission. [Docket Nos. 50±277 and 50±278] support continued safe plant operation Jack Cushing, at elevated cooling water temperatures. Project Manager, Section 2, Project PECO Energy Co., Notice of Throughout this period, up to the Directorate IV & Decommissioning, Division Consideration of Issuance of submittal of this exigent license change, of Licensing Project Management, Office of Amendments to Facility Operating significant resources have been Nuclear Reactor Regulation. Licenses, Proposed No Significant committed to performing engineering [FR Doc. 99–21055 Filed 8–12–99; 8:45 am] Hazards Consideration Determination, analysis and preparing related BILLING CODE 7590±01±P and Opportunity for a Hearing documents, reviews of the analysis by on-site and off-site review groups, and The U.S. Nuclear Regulatory preparation of the license amendment NUCLEAR REGULATORY Commission (the Commission) is package itself. COMMISSION considering issuance of amendments to Shutdown of the plants would cause Facility Operating License Nos. DPR–44 [Docket No. 50±298] undue stress on the regional electrical and DPR–56, issued to PECO Energy grid which could potentially destabilize Nebraska Public Power District; Notice Company (the licensee), for operation of power flow to all customers and to the of Withdrawal of Application for the Peach Bottom Atomic Power Station PBAPS offsite sources. During two Amendment to Facility Operating (PBAPS) Units 2 and 3, located in York periods in the month of July (July 6 and License County, Pennsylvania. 19, 1999), energy demands resulted in The proposed amendments would voltage reduction situations. Loss of the The U.S. Nuclear Regulatory revise the Technical Specifications PBAPS, Units 2 and 3, capacity during Commission (the Commission) has (TSs) contained in Appendix A to the a period in which energy is needed granted the request of Nebraska Public Operating Licenses to incorporate a note most, could result in a load shedding Power District to withdraw its August 6, into the TSs which will permit a one- situation. Additionally, the unforeseen 1998, application for proposed time exemption, until September 30, weather conditions resulting in the ° amendment to Facility Operating 1999, from the 90 F limit stated in recent abnormally high normal heat sink License No. DPR–46 for the Cooper Surveillance Requirement (SR) 3.7.2.2. temperature did not permit the Nuclear Station, located in Nemaha This SR currently requires that the submittal of this change under the County, Nebraska. average water temperature of the normal normal license amendment process.’’ The proposed amendment would heat sink be less than or equal to 90 °F Before issuance of the proposed license have revised the Updated Safety as demonstrated on a 24-hour amendments, the Commission will have Analysis Report to reflect the as-built frequency. As stated in the proposed TS made findings required by the Atomic configuration of the reactor building note, during the time period between Energy Act of 1954, as amended (the isolation dampers. approval and September 30, 1999, the Act) and the Commission’s regulations. The Commission had previously average water temperature of the normal Pursuant to 10 CFR 50.91(a)(6) for issued a Notice of Consideration of heat sink will be limited to less than or amendments to be granted under Issuance of Amendment published in equal to 92 °F. exigent circumstances, the NRC staff the Federal Register on August 26, 1998 The licensee requested that these must determine that the amendment (63 FR 45526). However, by letter dated proposed amendments be processed as requests involve no significant hazards August 2, 1999, the licensee withdrew an exigent request pursuant to 10 CFR consideration. Under the Commission’s the proposed change. 50.91(a)(6) to permit implementation regulations in 10 CFR 50.92, this means For further details with respect to this during this summer. The licensee’s basis that operation of the facility in action, see the application for for the exigent request is as follows: ‘‘On accordance with the proposed amendment dated August 6, 1998, and August 1, 1999 at approximately 1500 amendments would not (1) Involve a the licensee’s letter dated August 2, hours, the normal heat sink temperature significant increase in the probability or 1999, which withdrew the application for the intake of Units 2 and 3 reached consequences of an accident previously for license amendment. The above 89 °F. Based on the current and evaluated; or (2) create the possibility of documents are available for public projected low rainfall conditions, above a new or different kind of accident from inspection at the Commission’s Public normal atmospheric temperatures, and any accident previously evaluated; or Document Room, the Gelman Building, below normal precipitation, the (3) involve a significant reduction in a 2120 L Street, NW., Washington, DC, Conowingo Pond (Normal Heat Sink) margin of safety. As required by 10 CFR 44244 Federal Register / Vol. 64, No. 156 / Friday, August 13, 1999 / Notices
50.91(a), the licensee has provided its does not involve a significant reduction in petition for leave to intervene shall be analysis of the issue of no significant the margin of safety. filed in accordance with the hazards consideration, which is The NRC staff has reviewed the Commission’s ‘‘Rules of Practice for presented below: licensee’s analysis and, based on this Domestic Licensing Proceedings’’ in 10 1. The proposed TS changes do not involve review, it appears that the three CFR Part 2. Interested persons should a significant increase in the probability or standards of 10 CFR 50.92(c) are consult a current copy of 10 CFR 2.714 consequences of an accident previously satisfied. Therefore, the NRC staff which is available at the Commission’s evaluated. proposes to determine that the Public Document Room, the Gelman The proposed changes do not involve a amendment requests involve no Building, 2120 L Street, NW, significant increase in the probability or Washington, DC, and at the local public consequences of an accident previously significant hazards consideration. The Commission is seeking public document room located at the evaluated because the probability of a Loss of Government Publications Section, State Coolant Accident is independent of an comments on this proposed increase in the normal heat sink temperature determination. Any comments received Library of Pennsylvania (Regional limit. The increase in the heat sink within 14 days after the date of Depository), Education Building, temperature does not affect any accident or publication of this notice will be Walnut Street and Commonwealth transient initiators. The engineering analysis considered in making any final Avenue, Box 1601, Harrisburg, PA discussed has determined that determination. 17105. If a request for a hearing or ESW[Emergency Service Water]/HPSW[High Normally, the Commission will not petition for leave to intervene is filed by Pressure Service Water] systems remain the above date, the Commission or an capable of their design safety functions at the issue the amendments until the expiration of the 14-day notice period. Atomic Safety and Licensing Board, increased normal heat sink temperature and designated by the Commission or by the will not impact the consequences of However, should circumstances change evaluated accidents. during the notice period, such that Chairman of the Atomic Safety and 2. The proposed TS changes do not create failure to act in a timely way would Licensing Board Panel, will rule on the the possibility of a new or different kind of result, for example, in derating or request and/or petition; and the accident from any accident previously shutdown of the facility, the Secretary or the designated Atomic evaluated. Safety and Licensing Board will issue a Commission may issue the license The proposed changes do not create the notice of hearing or an appropriate amendments before the expiration of the possibility of a new or different kind of order. accident from any previously evaluated 14-day notice period, provided that its As required by 10 CFR 2.714, a because the requested change is increasing final determination is that the petition for leave to intervene shall set the heat sink temperature limit, and this in amendments involve no significant forth with particularity the interest of and of itself does not create the possibility of hazards consideration. The final a new or different kind of accident. the petitioner in the proceeding, and determination will consider all public how that interest may be affected by the Increasing the heat sink temperature does not and State comments received. Should introduce any new accident initiator. results of the proceeding. The petition Additionally, this change will not introduce the Commission take this action, it will should specifically explain the reasons any new failure mechanisms. publish in the Federal Register a notice why intervention should be permitted 3. The proposed TS changes do not of issuance. The Commission expects with particular reference to the involve a significant reduction in a that the need to take this action will following factors: (1) The nature of the margin of safety. occur very infrequently. petitioner’s right under the Act to be Written comments may be submitted The proposed changes do not involve a made a party to the proceeding; (2) the significant reduction in a margin of safety, by mail to the Chief, Rules and nature and extent of the petitioner’s because the PBAPS, Units 2 and 3 ESW/ Directives Branch, Division of property, financial, or other interest in HPSW heat exchangers have been analyzed Administrative Services, Office of the proceeding; and (3) the possible using current plant conditions and Administration, US Nuclear Regulatory effect of any order which may be performance data. This analysis has Commission, Washington, DC 20555– entered in the proceeding on the concluded that the ESW/HPSW systems will 0001, and should cite the publication petitioner’s interest. The petition should continue to be capable of performing their date and page number of this Federal also identify the specific aspect(s) of the design bases heat removal functions with Register notice. Written comments may normal heat sink temperature as high as 92 subject matter of the proceeding as to °F. In order to maintain the margin of safety also be delivered to Room 6D59, Two which petitioner wishes to intervene. with a higher normal heat sink temperature, White Flint North, 11545 Rockville Any person who has filed a petition for the performance of the equipment must be Pike, Rockville, Maryland, from 7:30 leave to intervene or who has been better than assumed in the design basis a.m. to 4:15 p.m. Federal workdays. admitted as a party may amend the analyses. The actual performance of the Copies of written comments received petition without requesting leave of the affected heat exchangers is better than may be examined at the NRC Public Board up to 15 days prior to the first assumed in the accident analyses. Using the Document Room, the Gelman Building, prehearing conference scheduled in the actual performance capability of the 2120 L Street, NW, Washington, DC. proceeding, but such an amended equipment, based on the most recent plant The filing of requests for hearing and data and trending, more than compensates petition must satisfy the specificity for the increased normal heat sink petitions for leave to intervene is requirements described above. temperature. Additionally, many design discussed below. Not later than 15 days prior to the first calculations used a Normal Heat Sink By September 13, 1999, the licensee prehearing conference scheduled in the temperature of 95 °F with minimum torus may file a request for a hearing with proceeding, a petitioner shall file a water level. Also, the containment heat-up respect to issuance of the amendments supplement to the petition to intervene analysis was performed with conservatisms to the subject facility operating licenses which must include a list of the including a decay heat input which is based and any person whose interest may be contentions which are sought to be on a rated power level which is nominally affected by this proceeding and who 5% above the maximum licensed operating litigated in the matter. Each contention power level. These are examples of wishes to participate as a party in the must consist of a specific statement of additional conservative assumptions which proceeding must file a written request the issue of law or fact to be raised or remain in the analysis. Therefore, the for a hearing and a petition for leave to controverted. In addition, the petitioner increase in normal heat sink temperature intervene. Requests for a hearing and a shall provide a brief explanation of the Federal Register / Vol. 64, No. 156 / Friday, August 13, 1999 / Notices 44245 bases of the contention and a concise Company, 2301 Market Street, under 10 CFR 50.21(b) or 10 CFR 50.22 statement of the alleged facts or expert Philadelphia, PA 19101, attorney for the shall monitor the performance or opinion which support the contention licensee. condition of structures, systems, or and on which the petitioner intends to Nontimely filings of petitions for components (SSCs) against licensee- rely in proving the contention at the leave to intervene, amended petitions, established goals to provide reasonable hearing. The petitioner must also supplemental petitions and/or requests assurance that such SSCs as defined in provide references to those specific for hearing will not be entertained paragraph (b) are capable of fulfilling sources and documents of which the absent a determination by the their intended functions. Such goals petitioner is aware and on which the Commission, the presiding officer or the shall be established commensurate with petitioner intends to rely to establish presiding Atomic Safety and Licensing safety and, where practical, take into those facts or expert opinion. Petitioner Board that the petition and/or request account industry-wide operating must provide sufficient information to should be granted based upon a experience. When the performance or show that a genuine dispute exists with balancing of the factors specified in 10 condition of a structure, system, or the applicant on a material issue of law CFR 2.714(a)(1)(i)–(v) and 2.714(d). component does not meet established or fact. Contentions shall be limited to For further details with respect to this goals, appropriate corrective action shall matters within the scope of the action, see the application for be taken. Additionally, paragraph (b) of amendments under consideration. The amendments dated August 6, 1999, the rule, states that, ‘‘The scope of the contention must be one which, if which is available for public inspection monitoring program specified in proven, would entitle the petitioner to at the Commission’s Public Document paragraph (a)(1) of this section shall relief. A petitioner who fails to file such Room, the Gelman Building, 2120 L include safety related and non-safety a supplement which satisfies these Street, NW, Washington, DC, and at the related structures, systems, and requirements with respect to at least one local public document room, located at components as follows: contention will not be permitted to the Government Publications Section, ‘‘(1) Safety related structures, systems, participate as a party. State Library of Pennsylvania, (Regional and components that are relied upon to Those permitted to intervene become Depository) Education Building, Walnut remain functional during and following parties to the proceeding, subject to any Street and Commonwealth Avenue, Box design basis events to ensure the limitations in the order granting leave to 1601, Harrisburg, PA 17105. integrity of the reactor coolant pressure intervene, and have the opportunity to boundary, the capability to shut down participate fully in the conduct of the Dated at Rockville, Maryland, this 9th day of August 1999. the reactor and maintain it in a safe hearing, including the opportunity to shutdown condition, or the capability to present evidence and cross-examine For the Nuclear Regulatory Commission. Bartholomew C. Buckley, prevent or mitigate the consequences of witnesses. accidents that could result in potential Senior Project Manager, Section 2, Project If the amendments are issued before offsite exposure comparable to the the expiration of the 30-day hearing Directorate I, Division of Licensing Project Management, Office of Nuclear Reactor guidelines in (subsection) 50.34(a)(1) or period, the Commission will make a (subsection) 100.11 of this chapter, as final determination on the issue of no Regulation. [FR Doc. 99–21053 Filed 8–12–99; 8:45 am] applicable.’’ significant hazards consideration. If a ‘‘(2) Non-safety related structures, BILLING CODE 7590±01±P hearing is requested, the final systems, or components: (i) That are determination will serve to decide when relied upon to mitigate accidents or the hearing is held. NUCLEAR REGULATORY transients or are used in plant If the final determination is that the emergency operating procedures (EOPs); amendment requests involve no COMMISSION or (ii) Whose failure could prevent significant hazards consideration, the [Docket No. 50±259] safety related structures, systems, or Commission may issue the amendments components from fulfilling their safety and make them immediately effective, Tennessee Valley Authority; (Browns related function; or (iii) Whose failure notwithstanding the request for a Ferry Nuclear Plant Unit 1); Exemption could cause a reactor scram or actuation hearing. Any hearing held would take of a safety related system.’’ place after issuance of the amendments. I. If the final determination is that the The Tennessee Valley Authority (TVA III. amendment requests involve a or the licensee) is the holder of Facility Section 50.12(a) of 10 CFR, ‘‘Specific significant hazards consideration, any Operating License No. DPR–33 for exemptions,’’ states that: hearing held would take place before operation of the Browns Ferry Nuclear the issuance of any amendments. Plant (BFN) Unit 1. The license The Commission may, upon application by A request for a hearing or a petition any interested person, or upon its own provides, among other things, that the initiative, grant exemptions from the for leave to intervene must be filed with licensee is subject to all rules, requirements of the regulations of this part, the Secretary of the Commission, US regulations, and orders of the US which are (1) Authorized by law, will not Nuclear Regulatory Commission, Nuclear Regulatory Commission present an undue risk to the public health Washington, DC 20555–0001, Attention: (Commission or NRC) now or hereafter and safety, and are consistent with the Rulemakings and Adjudications Staff, or in effect. common defense and security. (2) The may be delivered to the Commission’s BFN is a boiling-water reactor located Commission will not consider granting an Public Document Room, the Gelman in Limestone County, Alabama. exemption unless special circumstances are Building, 2120 L Street, NW, present. Washington, DC, by the above date. A II. Section 50.12(a)(2)(ii) of 10 CFR states copy of the petition should also be sent By letter dated February 2, 1999, TVA that special circumstances are present to the Office of the General Counsel, US submitted a request for exemption from when ‘‘Application of the regulation in Nuclear Regulatory Commission, certain requirements in Title 10 of the the particular circumstances would not Washington, DC 20555–0001, and to J. Code of Federal Regulations (10 CFR). serve the underlying purpose of the rule W. Durham, Sr., Esquire, Sr. VP and 10 CFR 50.65(a)(1) requires, in part, that or is not necessary to achieve the General Counsel, PECO Energy holders of operating licenses granted underlying purpose of the rule. . . .’’ 44246 Federal Register / Vol. 64, No. 156 / Friday, August 13, 1999 / Notices
The licensee’s request for exemption well as adding a new Section 9a(3) and document published by JFMIP. JFMIP under the special circumstances of 10 9c to Circular A–127, in order to will coordinate the testing process and CFR 50.12(a)(2)(ii) was found to be eliminate the restriction to only acquire issue software certifications. appropriate. Application of the the software and related services from Information on the details of the regulation is not necessary to achieve the FMSS Schedule, and to provide for certification testing process and its the underlying purpose of the rule for software testing that is independent of results will be available to any the reasons stated in the staff Safety the procurement process. No comments interested Federal agency for any Evaluation, dated August 9, 1999. were received in response to the interim certified software package. Pursuant to 10 CFR 51.32, the final revision. Accordingly, OMB is 2. A new section 9a(3) is being added Commission has determined that adopting in final form, without change, to the current Circular as follows: granting of this exemption will have no the interim final revision to Circular A– 9a.(3). Notify JFMIP on Plans to significant effect on the quality of the 127 which was published at 64 FR Acquire Core Financial System human environment (64 FR 43228). 35701 on July 1, 1999. Software. Agencies shall notify JFMIP This exemption is effective upon issuance. Issued in Washington, DC, August 9, 1999. on plans to acquire software supporting core financial system functions. Dated at Rockville, MD, this 9th day of Norwood J. Jackson, Jr., August 1999. 3. Section 9b of the current Circular Acting Controller. is revised to read as follows: For the Nuclear Regulatory Commission. OMB Revises Circular A–127 as 9b. GSA Responsibilities. GSA is Suzanne C. Black, Follows responsible for continuing to support Deputy Director, Division of Licensing Project existing contracts under the FMSS Management, Office of Nuclear Reactor 1. Section 8d of the current Circular Schedule until their completion. GSA Regulation. should be deleted in its entirety and also will make procurement vehicles [FR Doc. 99–21054 Filed 8–12–99; 8:45 am] replaced with the following: available to agencies for acquiring 8d(1). Use of ‘‘Off-the-Shelf’’ BILLING CODE 7590±01±P software which has been certified Software. Agencies replacing software to according to the processes in Section meet core financial system requirements 8d(2). OFFICE OF MANAGEMENT AND are required to use the GSA FMSS 4. A new Section 9c is being added BUDGET Multiple Award Schedule until its and will read as follows: expiration on September 30, 1999. As of 9c. JFMIP Responsibilities. JFMIP will OMB Circular A±127, ``Financial October 1, 1999 agencies replacing establish processes for testing ‘‘off-the- Management Systems'' software to meet core financial system shelf’’ software supporting core requirements are no longer required to AGENCY: Office of Management and financial system requirements which use the GSA FMSS Multiple Award include: Budget, Executive Office of the Schedule; they must use ‘‘off-the-shelf’’ President. —Developing and administering the software that has been tested and certification test. ACTION: Final revision. certified through the JFMIP software —Notifying GSA when a software certification process as meeting JFMIP SUMMARY: The Office of Management package successfully completes the Core Financial Management System and Budget (OMB) is adopting the certification test. Requirements. Agencies may purchase interim final revision to OMB Circular —Providing interested parties with this software using the strategy and A–127, ‘‘Financial Management information on the core financial system procurement vehicle they believe will Systems,’’ that changes the process for requirements and their related testing best enable them to meet their needs in acquiring software to meet core scenarios. a timely and effective manner following financial system requirements by —Providing interested parties with the competition requirements associated eliminating the restriction to only details on the results of the certification with the procurement vehicle being acquire the software and related services tests for certified software packages. used to conduct the acquisition. from the FMSS Schedule, and to —Posting a public notice on planned In addition, agencies will notify provide for software testing that is core financial system procurements. JFMIP that a core financial management independent of the procurement software procurement is planned— [FR Doc. 99–20930 Filed 8–12–99; 8:45 am] process. These changes will result in the preferably prior to, or in the early BILLING CODE 3110±01±P revision of Sections 8d and 9b, as well phases of, acquisition planning. JFMIP as adding a new Section 9a(3) and 9c. will electronically post a public message These changes are shown below. to permit interested certified system PENSION BENEFIT GUARANTY DATES: Effective September 13, 1999. vendors to market agencies. The sole CORPORATION FOR FURTHER INFORMATION CONTACT: Jean purpose of this message is to facilitate Interest Assumption for Determining Holcombe, Federal Financial Systems agency market research. This message is Variable-Rate Premium; Interest Branch, Office of Federal Financial not intended to, and shall not, serve as Assumptions for Multiemployer Plan Management, Office of Management and an invitation for offerors to submit bids, Valuations Following Mass Withdrawal Budget, (202) 395–3993. The revisions proposals, or quotes. to the Circular are available on the OMB OMB policy pertaining to using ‘‘off- AGENCY: Pension Benefit Guaranty Home Page at http:// the-shelf’’ software is contained in OMB Corporation. www.whitehouse.gov/OMB. Circular A–130 and must be followed ACTION: Notice of interest rates and SUPPLEMENTARY INFORMATION: On July 1, when replacing financial management assumptions. 1999 (64 FR 35701), the Office of systems. Management and Budget (OMB) issued 8d(2). Software Certification Testing. SUMMARY: This notice informs the public an interim final revision to OMB ‘‘Off-the-shelf’’ software will be tested to of the interest rates and assumptions to Circular A–127, ‘‘Financial Management ensure that it meets core financial be used under certain Pension Benefit Systems.’’ The interim final revision system requirements as defined in the Guaranty Corporation regulations. These made changes to Sections 8d and 9b, as Core Financial System Requirements rates and assumptions are published Federal Register / Vol. 64, No. 156 / Friday, August 13, 1999 / Notices 44247 elsewhere (or are derivable from rates For premium payment The assumed in- —Whether our estimate of the public published elsewhere), but are collected years beginning in terest rate is burden of this collection of and published in this notice for the information is accurate, and based on convenience of the public. Interest rates August 1999 ...... 5.08 valid assumptions and methodology; are also published on the PBGC’s web —And ways in which we can minimize site (http://www.pbgc.gov). Multiemployer Plan Valuations the burden of the collection of Following Mass Withdrawal DATES: The interest rate for determining information on those who are to the variable-rate premium under part The PBGC’s regulation on Duties of respond, through the use of 4006 applies to premium payment years Plan Sponsor Following Mass appropriate technological collection beginning in August, 1999. The interest Withdrawal (29 CFR part 4281) techniques or other forms of assumptions for performing prescribes the use of interest information technology. multiemployer plan valuations assumptions under the PBGC’s We estimate 1,000 SF 2823 forms are following mass withdrawal under part regulation on Allocation of Assets in completed annually by annuitants. Each 4281 apply to valuation dates occurring Single-employer Plans (29 CFR part form takes approximately 15 minutes to in September, 1999. 4044). The interest assumptions complete for an annual estimated FOR FURTHER INFORMATION CONTACT: applicable to valuation dates in burden of 250 hours. Harold J. Ashner, Assistant General September 1999 under part 4044 are For copies of this proposal, contact Counsel, Office of the General Counsel, contained in an amendment to part 4044 Mary Beth Smith-Toomey on (202) 606– Pension Benefit Guaranty Corporation, published elsewhere in today’s Federal 8358, or E-mail to [email protected] 1200 K Street, NW., Washington, DC Register. Tables showing the DATES: Comments on this proposal 20005, 202–326–4024. (For TTY/TDD assumptions applicable to prior periods should be received on or before October users, call the Federal relay service toll- are codified in appendix B to 29 CFR 12, 1999. free at 1–800–877–8339 and ask to be part 4044. ADDRESSES: Send or deliver comments connected to 202–326–4024.) Issued in Washington, DC, on this 6th day to—Laura Lawrence, Senior Insurance SUPPLEMENTARY INFORMATION: of August, 1999. Benefits Specialist, Insurance Planning David M. Strauss, & Evaluation Division, Retirement and Variable-Rate Premiums Executive Director, Pension Benefit Guaranty Insurance Service, U.S. Office of Section 4006(a)(3)(E)(iii)(II) of the Corporation. Personnel Management, 1900 E Street, Employee Retirement Income Security [FR Doc. 99–20926 Filed 8–12–99; 8:45 am] NW, Room 3415, Washington, DC Act of 1974 (ERISA) and § 4006.4(b)(1) BILLING CODE 7708±01±P 20415. of the PBGC’s regulation on Premium FOR INFORMATION REGARDING Rates (29 CFR part 4006) prescribe use ADMINISTRATIVE COORDINATIONÐCONTACT: of an assumed interest rate in OFFICE OF PERSONNEL Cyrus S. Benson, Senior Management determining a single-employer plan’s MANAGEMENT Analyst, Budget & Administrative variable-rate premium. The rate is the Services Division, (202) 606–0623. ‘‘applicable percentage’’ (currently 85 Proposed Collection; Comment Office of Personnel Management. percent) of the annual yield on 30-year Request for Review of a Revised Janice R. Lachance, Treasury securities for the month Information Collection: SF 2823 Director. preceding the beginning of the plan year AGENCY: Office of Personnel [FR Doc. 99–20969 Filed 8–12–99; 8:45 am] for which premiums are being paid (the Management. BILLING CODE 6325±01±P ‘‘premium payment year’’). The yield figure is reported in Federal Reserve ACTION: Notice. Statistical Releases G.13 and H.15. SUMMARY: In accordance with the OFFICE OF PERSONNEL The assumed interest rate to be used Paperwork Reduction Act of 1995 (Pub. MANAGEMENT in determining variable-rate premiums L. 104–13, May 22, 1995), this notice for premium payment years beginning announces that the Office of Personnel Submission for OMB Review; in August 1999 is 5.08 percent (i.e., 85 Management (OPM) intends to submit to Comment Request for Review of a percent of the 5.98 percent yield figure the Office of Management and Budget a Revised Information Collection: RI 25± for July 1999). request for review of a revised 15 The following table lists the assumed information collection. SF 2823, AGENCY: interest rates to be used in determining Office of Personnel Designation of Beneficiary for Federal Management. variable-rate premiums for premium Employees’ Group Life Insurance, is ACTION: Notice. payment years beginning between used by any Federal employee or retiree September 1998 and August 1999. covered by the Federal Employees’ SUMMARY: In accordance with the Group Life Insurance Program to For premium payment The assumed in- Paperwork Reduction Act of 1995 (Pub. years beginning in terest rate is instruct the Office of Federal L. 104–13, May 22, 1995), this notice Employees’ Group Life Insurance how announces that the Office of Personnel September 1998 ...... 4.71 to distribute the proceeds of his or her Management (OPM) has submitted to October 1998 ...... 4.42 life insurance when the statutory order the Office of Management and Budget a November 1998 ...... 4.26 of precedence does not meet his or her request for review of a revised December 1998 ...... 4.46 needs. information collection. RI 25–15, Notice January 1999 ...... 4.30 Comments are particularly invited on: February 1999 ...... 4.39 of Change in Student’s Status, collects March 1999 ...... 4.56 —Whether this information is necessary information from adult children of April 1999 ...... 4.74 for the proper performance of deceased Federal employees or May 1999 ...... 4.72 functions of the Office of Personnel annuitants to assure that the child June 1999 ...... 4.94 Management, and whether it will continues to be eligible for payments July 1999 ...... 5.13 have practical utility; from OPM. 44248 Federal Register / Vol. 64, No. 156 / Friday, August 13, 1999 / Notices
Approximately 2,500 certifications are Rule 10b–17 requires any issuer of a writing within 60 days of this processed annually. Each form takes class of securities publicly traded by the publication. approximately 30 minutes to complete. use of any means or instrumentality of Please direct your written comments The annual estimated burden is 1,250 interstate commerce or of the mails or to Michael E. Bartell, Associate hours. of any facility of any national securities Executive Director, Office of For copies of this proposal, contact exchange to give notice of the following Information Technology, Securities and Mary Beth Smith-Toomey on (202) 606– actions relating to such class of Exchange Commission, 450 5th Street, 8358, or E-mail to [email protected]. securities: (1) a dividend; (2) a stock N.W., Washington, DC 20549. DATES: Comments on this proposal split; or (3) a rights or other Dated: August 5, 1999. should be received on or before subscriptions offering. Notice shall be Margaret H. McFarland, September 13, 1999. (1) given to the National Association of Deputy Secretary. ADDRESSES: Send or deliver comments Securities Dealers, Inc.; (2) in [FR Doc 99–20920 Filed 8–12–99; 8:45 am] accordance with the procedures of the to— BILLING CODE 8010±01±M Ronald W. Melton, Chief Operations national securities exchange upon Support Division, Retirement and which the securities are registered; or Insurance Service, U.S. Office of (3) may be waived by the Commission. SECURITIES AND EXCHANGE Personnel Management 1900 E Street, The information required by Rule COMMISSION NW, Room 3349, Washington, DC 10b–17 is necessary for the execution of 20415–3540 the Commission’s mandate under the Sunshine Act Meeting Exchange Act to prevent fraudulent, and Notice is hereby given, pursuant to manipulative, and deceptive acts and Joseph Lackey, OPM Desk Officer, the provisions of the Government in the practices by broker-dealers. The Office of Information and Regulatory Sunshine Act, Pub. L. 94–409, that the consequences of not requiring the Affairs, Office of Management and Securities and Exchange Commission information collection pursuant to Rule Budget, New Executive Office will hold the following meeting during 10b–17 is that sellers who have received Building, NW Room 10235, the week of August 16, 1999. Washington, DC 20503 distributions as recordholders may A closed meeting will be held on dispose of the cash or stock dividends FOR INFORMATION REGARDING Tuesday, August 17, 1999 at 11 a.m. or other rights received as recordholders ADMINISTRATIVE COORDINATIONÐ Commissioners, Counsel to the without knowledge of possible claims of CONTACT:Phyllis R. Pinkney, Commissioners, the Secretary to the purchasers. Management Analyst, Budget & Commission, and recording secretaries Administrative Services Division, (202) Annually, there are approximately will attend the closed meeting. Certain 606–0623. 29,430 respondents (based on staff members who have an interest in information received from the NASD the matters will be present. Office of Personnel Management. that it received 15,586 responses in The General Counsel of the Janice R. Lachance, 1998 and the NYSE that it received Commission, or his designee, has Director. 13,847 responses in 1998). It is certified that, in his opinion, one or [FR Doc. 99–20968 Filed 8–12–99; 8:45 am] estimated that each response takes about more of the exemptions set forth in 5 BILLING CODE 6325±01±P 10 minutes (or 0.1666 hours) to U.S.C. 552b(c)(4), (8), (9)(A) and (10) complete, thus imposing approximately and 17 CFR 200.402(a)(4), (8), (9)(i) and 4,905 burden hours annually (29,430 x (10), permit consideration of the SECURITIES AND EXCHANGE 0.1666). We believe that the average scheduled matters at the closed meeting. COMMISSION hourly cost to produce and file a Commissioner Johnson, as duty response under the rule is about $50. officer, voted to consider the items Proposed Collection; Comment Therefore, the annual reporting cost listed for the closed meeting in a closed Request burden for complying with this rule is session. about $245.250 (4,940 x $50). The subject matter of the closed Upon Written Request, Copies Available An agency may not conduct or meeting scheduled for Tuesday, August From: Securities and Exchange sponsor, and a person is not required to 17, 1999, at 11 a.m., will be: Commission, Office of Filings and respond to, a collection of information Institution and settlement of injuctive Information Service, Washington, DC unless it displays a currently valid actions. 20549 control number. Written comments are Institution and settlement of Extension: invited on: (a) whether the proposed administrative proceedings of an Rule 10b–17, SEC File No. 270–427, OMB collection of information is necessary enforcement nature. Commissioner Johnson, as duty Control No. 3236/5–0476 for the proper performance of the officer, determined that no earlier notice Notice is hereby given that pursuant functions of the agency, including thereof was possible. to the Paperwork Reduction Act of 1995 whether the information will have At times, changes in Commission (44 U.S.C. 3501 et seq.) the Securities practical utility; (b) the accuracy of the priorities require alterations in the and Exchange Commission agency’s estimate of the burden of the scheduling of meeting items. For further (‘‘Commission’’) is soliciting comments collection of information; (c) ways to information and to ascertain what, if on the collection of information enhance the quality, utility, and clarity any, matters have added, deleted or summarized below. The Commission of the information collected; and (d) postponed, please contact: The Office of plans to submit this existing collection ways to minimize the burden of the the Secretary at (202) 942–7070. of information to the Office of collection of information on Management and Budget for extension respondents, including through the use Dated: August 10, 1999. and approval. of automated collection techniques or Jonathan G. Katz, Rule 10b–17, Untimely other forms of information technology. Secretary. announcements of record dates (17 CFR Consideration will be given to [FR Doc. 99–21170 Filed 8–11–99; 2:24 pm] 240.10b–17). comments and suggestions submitted in BILLING CODE 8010±01±M Federal Register / Vol. 64, No. 156 / Friday, August 13, 1999 / Notices 44249
SECURITIES AND EXCHANGE among other things, ‘‘in a form, and and were added to reduce the likelihood COMMISSION contains such other terms and of dispute. For example, the uniform conditions, as may be required by the letter of credit provides that payment [Release No. 34±41715; SR±GSCC±99±03] Corporation.’’ GSCC has determined will be made regardless of the solvency, that as of September 1, 1999, a letter of existence, or condition (financial or Self-Regulatory Organizations; credit delivered to GSCC as clearing other) of the GSCC member. Government Securities Clearing fund collateral must be in the form of The proposed rule change will also Corporation; Notice of Filing of the uniform letter of credit (‘‘ULC’’) amend GSCC’s definition of ‘‘eligible Proposed Rule Change Relating to the developed by the Unified Clearing letter of credit’’ to conform it with the Acceptance of Letters of Credit as Group (‘‘UCG’’). The UCG is an uniform letter of credit. Clearing Fund Collateral organization comprised of all major It is expected that from time to time August 6, 1999. securities and futures clearing modifications will be made to the ULC Pursuant to Section 19(b)(1) of the corporations and despositories in the by the UCG. If and when that occurs, 4 Securities Exchange Act of 1934 United States. GSCC will require its members to use 5 (‘‘Act’’),1 notice is hereby given that on The ULC was developed to (i) foster the revised form. Other UCG members May 3, 1999, Government Securities uniformity among the various U.S. that accept letters of credit as margin Clearing Corporation (‘‘GSCC’’) filed securities and futures clearing also will use the ULC beginning 6 with the Securities and Exchange organizations with respect to letters of sometime during calendar year 1999. Commission (‘‘Commission’’) and on credit that are deposited as collateral, GSCC believes that the proposed rule (ii) reduce operational burdens for May 24, 1999, amended the proposed change is consistent with the industry participants and their letter of rule change [File No. SR–GSCC–99–03] requirements of Section 17A of the Act credit issues, and (iii) enhance the legal as described in Items I, II, and III below, and the rules and regulations certainty that letters of credit received which items have been prepared thereunder because, among other things, by UCG members as collateral will be primarily by GSCC. The Commission is it will promote the prompt and accurate enforceable. In developing, the ULC, the publishing this notice to solicit clearance and settlement of transactions UCG consulted with the National comments from interested persons on in securities by facilitating processing Standby Letter of Credit Commerce of the proposed rule change. and will foster cooperation within the International Financial Services financial community. I. Self-Regulatory Organization’s Association (formerly known as the U.S. Statement of the Terms of Substance of Council on International Banking) and B. Self-Regulatory Organization’s the Proposed Rule Change several letter of credit issuing banks. Statement on Burden on Competition The ULC consists of a (i) a cover page GSCC does not believe that the The purpose of the proposed rule with variable terms and (ii) uniform proposed rule change will impose any change is to replace GSCC’s current terms. Variable terms include the name burden on competition. letter of credit form with a letter of of the clearing member, the beneficiary credit form developed by the Unified C. Self-Regulatory Organization’s 2 clearing organization, the issuing bank, Clearing Group. the amount of the credit, and the Statement on Burden on Comments on the Proposed Rule Change Received II. Self-Regulatory Organization’s expiration date. General instructions From Members, Participants or Others Statement of the Purpose of, and drafted by the UCG assist clearing Statutory Basis for, the Proposed Rule organization members in completing the No comments on the proposed rule Change ULC. In addition, GSCC has provided change were solicited or received. GSCC supplemental instructions to assist will notify the Commission of any In its filing with the Commission, members specifically with letters of written comments it receives. GSCC included statements concerning credit furnished to GSCC. the purpose of and basis for the According to GSCC, the ULC provides III. Date of Effectiveness of the proposed rule change and discussed any that the presentment of a demand for Proposed Rule Change and Timing for comments it received on the proposed payment can be accomplished at the Commission Action rule change. The text of these statements discretion of the clearing corporation by Within thirty-five days of the date of may be examined at the places specified hand delivery, facsimile transmission, publication of this notice in the Federal in Item IV below. GSCC has prepared and SWIFT. If the demand is made Register or within such longer period: summaries, set forth in sections (A), (B), before 3:00 p.m. Central time, the bank (i) As the Commission may designate up and (C) below, of the most significant issuing the letter of credit must effect to ninety days of such date if it finds 3 aspects of such statements. payment within sixty minutes. such longer period to be appropriate (A) Self-Regulatory Organization’s The uniform letter of credit also and publishes its reasons for so finding; Statement of the Purpose of, and recites certain understandings regarding or (ii) as to which the self-regulatory Statutory Basis for, the Proposed Rule the issuing bank’s obligation to honor a organization consents, the Commission Change demand. GSCC states that these will: understandings restate the existing (a) by order approve the proposed rule GSCC’s Rule 4, Section 4, permits principles governing letters of credit change, or GSCC to accept letters of credit (in addition to cash and eligible netting 4 The members of the UCG include the Boston 5 GSCC will file proposed rule changes with the securities) as clearing fund collateral. Stock Exchange Clearing Corporation, The Commission prior to requiring members to comply GSCC’s rules define ‘‘eligible letter of Depository Trust Company, GSCC, MBS Clearing with substantive changes made to the ULC by the credit’’ as a letter of credit that is, Corporation, National Securities Clearing UCG. Corporation, The Options Clearing Corporation, 6 See Securities Exchange Act Release No. 41486 Board of Trade Clearing Corporation, Chicago (June 7, 1999), 64 FR 31889 (June 14, 1999) [File 1 15 U.S.C. 78s(b)(1). Mercantile Exchange, Clearing Corporation of New No. SR–OCC–99–01]. The National Securities 2 GSCC attached a copy of the uniform letter of York, Kansas City Board of Trade, Minneapolis Clearing Corporation and MBS Clearing Corporation credit as Exhibit A to the filing. Grain Exchange, New York Mercantile Exchange, have also filed proposed rule changes with the 3 The Commission has modified the text of the Emerging Markets Clearing Corporation, and Commission [File Nos. SR–NSCC–99–05 and SR– summaries prepared by GSCC. Clearing Corporation for Options and Securities. MBSCC–99–05]. 44250 Federal Register / Vol. 64, No. 156 / Friday, August 13, 1999 / Notices
(b) institute proceedings to determine solicit comments from interested developed to foster uniformity among whether the proposed rule change persons on the proposed rule change. the various U.S. securities and futures should be disapproved. clearing organizations with respect to I. Self-Regulatory Organization’s the acceptable terms of letters of credit IV. Solicitation of Comments Statement of the Terms of Substance of the Proposed Rule Change that are deposited as margin and to Interested persons are invited to reduce operational burdens for industry submit written data, views, and The purpose of the proposed rule participants and their letters of credit arguments concerning the foregoing, change is to modify MBSCC’s rule issuers. In developing the ULC, the UCG including whether the proposed rule regarding letters of credit accepted for consulted with the National Standby change is consistent with the Act. clearing fund purposes to facilities Letter of Credit Committee of the Persons making written submissions implementation of the uniform letter of International Financial Services should file six copies thereof with the credit developed by the Uniform Association (formerly known as the U.S. Secretary, Securities and Exchange Clearing Group.2 Council on International Banking) and Commission, 450 Fifth Street, NW, II. Self-Regulatory Organization’s several letters of credit issuing banks. Washington, DC 20549–0609. Copies of Statement of the Purpose of, and the submission, all subsequent The ULC consists of a cover page with Statutory Basis for, the Proposed Rule amendments, all written statements variable terms plus preprinted uniform Change with respect to the proposed rule terms. Variable terms include the name change that are filed with the In its filing with the Commission, of the participant, the beneficiary Commission, and all written MBSCC included statements concerning clearing organization, the issuing bank, communications relating to the the purpose of and basis for the the amount of the credit, and the proposed rule change between the proposed rule change and discussed any expiration date. To assist letter of credit Commission and any person, other than comments it received on the proposed issues and participants in completing those that may be withheld from the rule change. The text of these statements the ULC, the UCG has drafted general public in accordance with the may be examined at the places specified instructions. In addition, MBSCC has provisions of 5 U.S.C. 552, will be in Item IV below. MBSCC has prepared provided supplemental instructions available for inspection and copying in summaries, set forth in sections (A), (B), relating specifically to letters of credit the Commission’s Public Reference and (C) below, of the most significant furnished by MBSCC. Section, 450 Fifth Street, N.W., aspects of such statements.3 MBSCC expects that in the future Washington, D.C. 20549. Copies of such (A) Self-Regulatory Organization’s modifications may be made to the ULC. filing also will be available for Statement of the Purpose of, and If and when that occurs, MBSCC will inspection and copying at the principal Statutory Basis for, the Proposed Rule require its members to use the revised office of GSCC. All submissions should Change form.5 refer to File No. SR–GSCC–99–03 and MBSCC believes that the proposed should be submitted by September 3, Article IV, Rule 2, Section 9 of rule change is consistent with the 1999. MBSCC’s rules governs deposits of letters of credit by participants to the requirements of Section 17A of the Act For the Commission by the Division of participants’ fund for margin purposes. and the rules and regulations Market Regulation, pursuant to delegated thereunder because, among other things, 7 Currently, the rule requires participants authority. it is designed to assure the safeguarding Margaret H. McFarland, to amend letters of credit expiring on September 1 by extending the expiration of securities and funds which are in the Deputy Secretary. date to March 1 of the following year, custody or control of MBSCC or for [FR Doc. 99–21043 Filed 8–12–99; 8:45 am] and to deposit new letters of credit on which it is responsible and to foster BILLING CODE 8010±01±M March 1 of the following year. The cooperation and coordination with proposed rule change will reverse these persons engaged in the clearance and settlement of securities transactions. SECURITIES AND EXCHANGE dates and require participants to COMMISSION annually provide new letters of credit (B) Self-Regulatory Organization’s by September 1 and to amend letters of Statement on Burden on Competition [Release No. 34±41717; SR±MDSCC±99±05] credit by March 1. The proposed rule change will also require that letters of MBSCC does not believe that the Self-Regulatory Organizations; MBS credit delivered to MBSCC on or after proposed rule change will impose any Clearing Corporation; Notice of Filing September 1, 1999, be in the form of the burden on competition. of Proposed Rule Change Relating To uniform letter of credit (‘‘ULC’’) (C) Self-Regulatory Organization’s Acceptance of Letters of Credit developed by the United Clearing Group Statement on Comments on the August 6, 1999. (‘‘UCG’’). The UCG is an organization Proposed Rule Change Received From Pursuant to Section 19(b)(1) of the Members, Participants or Others Securities Exchange Act of 1934 comprised of all of the major securities (‘‘Act’’),1 notice is hereby given that on and futures clearing organizations and No comments on the proposed rule 4 June 25, 1999, MBS Clearing depositories in the U.S. The ULC was change were solicited or received. Corporation (‘‘MBSCC’’) filed with the MBSCC will notify the Commission of 2 MBSCC attached a copy of the uniform letter of Securities and Exchange Commission credit as Exhibit B to the filing. any written comments it receives. (‘‘Commission’’) the proposed rule 3 The Commission has modified the text of the change as described in Items I, II, and summaries prepared by MBSCC. York, Kansas City Board of Trade, Minneapolis III below, which items have been 4 The members of the UCG include the Boston Grain Exchange, New York Mercantile Exchange, prepared primarily by MBSCC. The Stock Exchange Clearing Corporation, The Emerging Markets Clearing Corporation, and Clearing Corporation for Options and Securities. Commission is publishing this notice to Depository Trust Company, Government Securities Clearing Corporation, MBSCC, National Securities 5 MBSCC will file proposed rule changes with the Clearing Corporation, Options Clearing Corporation, Commission prior to requiring members to comply 7 17 CFR 200.30–3(a)(12). Board of Trade Clearing Corporation, Chicago with substantive changes made to the ULC by the 1 15 U.S.C. 78s(b)(1). Mercantile Exchange, Clearing Corporation of New UCG. Federal Register / Vol. 64, No. 156 / Friday, August 13, 1999 / Notices 44251
III. Date of Effectiveness of the SECURITIES AND EXCHANGE 3. Non-Domestic Participants Proposed Rule Change and Timing for COMMISSION Commission Action The rule change modifies Article III, [Release No. 34±41714; File No. SR± Rule 1, Section 13 of MBSCC’s rules to Within thirty-five days of the date of MBSCC±99±02] codify the existing practice of requiring non-U.S. participants to: (i) Execute and publication of this notice in the Federal Self-Regulatory Organizations; MBS deliver to MSBCC a master agreement, Register or within such longer period (i) Clearing Corporation; Order Approving (ii) provide MBSCC with an opinion of as the Commission may designate up to Proposed Rule Change Relating to counsel, and (iii) confirm the master ninety days of such date if it finds such MBSCC's Risk Management Rules and agreement and opinion of counsel as longer period to be appropriate and Procedures publishes its reasons for so finding or MBSCC’s may require. The master (ii) as to which the self-regulatory August 6, 1999. agreement and the opinion of counsel generally address the enforceability of organization consents, the Commission On April 15, 1999, the MBS Clearing MBSCC’s rules. Article I, Rule 1 of will: Corporation (‘‘MBSCC’’) filed with the Securities and Exchange Commission MBSCC’S rules is also being modified to (a) By order approve the proposed (‘‘Commission’’) a proposed rule change add definitions of the terms ‘‘master rule change or (File No. SR–MBSCC–99–02) pursuant agreement’’ and ‘‘opinion of counsel.’’ (b) Institute proceedings to determine to Section 19(b)(1) of the Securities 4. Additional Assurances whether the proposed rule change Exchange Act of 1934 (‘‘Act’’).1 Notice should be disapproved. of proposal was published in the The rule change modifies Article III, Federal Register on June 21, 1999.2 No Rule 1 of MBSCC’s rules by adding a IV. Solicitation of Comments comment letters were received. For the new Section 16. The new section reasons discussed below, the Interested persons are invited to provides that any participant that Commission is approving the rule contemplates it no longer will be in submit written data, views, and change. compliance with MBSCC’s rules and arguments concerning the foregoing, procedures or will no longer be able to including whether the proposed rule I. Description perform its contracts or satisfy its change is consistent with the Act. The rule change makes several obligations to MBSCC or MBSCC Persons making written submissions modifications to MBSCC’s risk participants must immediately notify should file six copies thereof with the management rules. Specifically, the rule MBSCC. If MBSCC has reasonable Secretary, Securities and Exchange change: (i) Implements a net-out report, grounds to believe that a participant no Commission, 450 Fifth Street, NW., (ii) modifies financial reporting by longer will be in compliance with Washington, DC 20549–0609. Copies of participants, (iii) modifies certain MBSCC’s rules and procedures or no the submission, all subsequent special provisions applicable to longer will be able to perform its amendments, all written statements nondomestic participants, (iv) adds a contracts or satisfy its obligations to with respect to the proposed rule provision for additional assurances, and MBSCC or MBSCC participants, MBSCC (v) clarifies MBSCC’s role as agent in a change that are filed with the may require additional information from liquidation. Commission, and all written such participant relating to its ability to The specific objectives of the rule communications relating to the change and the corresponding comply with the rules and procedures, proposed rule change between the modifications to MBSCC’s rules are perform its contracts, and satisfy its Commission and any person, other than described below. obligations to MBSCC or MBSCC those that may be withheld from the participants. MBSCC may also increase public in accordance with the 1. Net-Out Report a participant’s minimum required provisions of 5 U.S.C. § 552, will be The rule change modifies Article II, deposits to the participants fund if available for inspection and copying in Rule 4 of MBSCC’s rules to add a MBSCC has reasonable grounds to the Commission’s Public Reference provision for a daily net-out report that believe such conditions may exist. The Section, 450 Fifth Street, NW., will list all of a participant’s open net- new section also states that it does not Washington, DC 20549. Copies of such out obligations. Article I, Rule 1 of restrict MBSCC from exercising its right filing also will be available for MBSCC’s rules is also being modified to at any time to cease to act for the participant pursuant to MBSCC’s rules. inspection and copying at the principal add a definition of the term ‘‘net-out office of MBSCC. All submissions report.’’ The new section providing for should refer to File No. SR–MBSCC–99– 2. Financing Reporting additional assurances is designed to enable MBSCC to better determine a 05 and should be submitted by The rule change modifies Article III, September 3, 1999. participant’s potential inability to meet Rule 1, Section 10 of MBSCC’s rules to its obligations and to increase the For the Commission by the Division of replace the general requirement for likelihood that a participant’s collateral Market Regulation, pursuant to delegated quarterly unaudited financial statements will be sufficient to satisfy its authority.6 with a requirement that a participant obligations. Margaret H. McFarland, must file unaudited financial statements as frequently as required by the 5. MBSCC as Agent Deputy Secretary. participant’s appropriate regulator. If a [FR Doc. 99–21045 Filed 8–12–99; 8:45 am] The proposed rule change modifies participant is not regulated or is a Article III, Rule 3, Section 5(f) to make BILLING CODE 8010±01±M nondomestic participant, the participant explicit that any distribution of funds must file monthly unaudited financial statements. relating to a participant for which MBSCC has ceased to act is made by 1 15 U.S.C. 78s(b)(1). MBSCC as agent. MBSCC’s role as an 2 Securities Exchange Act Release No. 41516 agent in the distribution of funds is 6 17 CFR 200.30–3(a)(12). (June 10, 1999), 64 FR 33125. currently implied in MBSCC’s rules 44252 Federal Register / Vol. 64, No. 156 / Friday, August 13, 1999 / Notices because MBSCC does not guarantee its Because MBSCC does not guaranty its II. Self-Regulatory Organization’s participant’s obligations. participants’ transactions, clarifying that Statement of the Purpose of, and MBSCC is acting as an agent when it Statutory Basis for, the Proposed Rule II. Discussion ceases to act for a participant should Change 3 Section 17A(b)(3)(F) of the Act eliminate any potential confusion and In its filing with the Commission, requires that the rules of a clearing potential liability with respect to NSCC included statements concerning agency be designed to assure the MBSCC’s role. the purpose of and basis for the safeguarding of funds which are in the III. Conclusion proposed rule change and discussed any custody or control of the clearing agency comments it received on the proposed or for which it is responsible. The On the basis of the foregoing, the rule change. The text of these statements Commission finds that each of MBSCC’s Commission finds that the proposal is may be examined at the places specified rule changes is consistent with its consistent with the requirements of the in Item IV below. NSCC has prepared obligations under the Act. The net-out Act and in particular with the summaries, set forth in sections (A), (B), report should provide participants with requirements of Section 17A of the Act and (C) below, of the most significant timely information regarding their open and the rules and regulations aspects of such statements.3 net-out obligations to enable them to thereunder. better monitor potential risk exposure It is therefore ordered, pursuant to (A) Self-Regulatory Organization’s with original contra sides. This Section 19(b)(2) of the Act, that the Statement of the Purpose of, and information is important because proposed rule change (File No. SR– Statutory Basis for, the Proposed Rule MBSCC’s rules generally provide that if MBSCC–99–02) be, and hereby is, Change a defaulting participant’s fund approved. Rule 4, Section 1 of NSCC’s Rules and contribution is insufficient to cover the For the Commission by the Division of Procedures permits NSCC to accept losses of the defaulting participant’s non Market Regulation, pursuant to delegated letters of credit in addition to cash and original contra sides, the deficiency is authority.4 government securities as collateral for assessed against the defaulting Margaret H. McFarland, its clearing fund.4 The proposed rule participant’s original contra sides. Deputy Secretary. change will require that letters of credit Therefore, the original contra sides [FR Doc. 99–21046 Filed 8–12–99; 8:45 am] delivered to NSCC on or after September remain liable for potential assessments BILLING CODE 8010±01±M 1, 1999, be in the form of the uniform even if as a result of MBSCC’s netting letter of credit (‘‘ULC’’) developed by process they net-out of transactions. the United Clearing Group (‘‘UCG’’). This should help reduce the potential SECURITIES AND EXCHANGE The UCG is an organization that the default of one participant will COMMISSION comprised of all the major securities cause other participants to default on and futures clearing corporations and [Release No. 34±41716; SR±NSCC±99±05] their obligations at MBSCC because of depositories in the U.S.5 The UCG unexpected risk exposure. Self-Regulatory Organizations; developed the ULC to (i) foster Requiring participants to provide National Securities Clearing uniformity among the various U.S. MBSCC with financial information as Corporation; Notice of Filing of securities and futures clearing frequently as required by the Proposed Rule Change Relating to the organization with respect to the participant’s appropriate regulator and Acceptance of Letters of Credit acceptable terms of letters of credit that requiring participants to notify MBSCC are deposited as margin and (ii) reduce in situations where the participant August 6, 1999. operational burdens for industry contemplates that it will be unable to Pursuant to Section 19(b)(1) of the participants and their letters of credit meet its obligations will provide Securities Exchange Act of 1934 issuers. In developing the ULC, the UCG MBSCC with more timely information (‘‘Act’’),1 notice is hereby given that on consulted with several letter of credit on the financial condition of certain April 20, 1999, the National Securities issuing banks and the National Standby participants. Clearing Corporation (‘‘NSCC’’) filed Letter of Credit Committee of the The additional master agreement, with the Securities and Exchange International Financial Services opinion of counsel, and periodic Commission (‘‘Commission’’) the Association (formerly known as the U.S. confirmation requirements applicable to proposed rule change as described in Council on International Banking). non-U.S. participants should better Items I, II, and III below, which items The ULC consists of a cover page plus enable MBSCC to evaluate and to lesson have been prepared primarily by NSCC. the uniform terms. All variable terms of or eliminate any negative effects that The Commission is publishing this the ULC, such as the name of the jurisdictional issues could have on notice to solicit comments from clearing member, the beneficiary MBSCC’s exercise of its rights and interested persons on the proposed rule clearing corporation, the issuing bank, remedies against a non-U.S. participant. change. the amount of the credit, and the Requiring a participant to give notice I. Self-Regulatory Organization’s of potential problems in meeting 3 The Commission has modified the text of the Statement of the Terms of Substance of summaries prepared by NSCC. MBSCC’s rules or in satisfying its the Proposed Rule Change 4 See also Securities Exchange Act Release No. obligations to MBSCC and other The purpose of the proposed rule 18052 (August 21, 1981), 46 FR 43341. participants and MBSCC’s right to 5 change is to replace NSCC’s current The members of the UCG include the Boston require additional assurances and Stock Exchange Clearing Corporation, The participants fund contributions as letter of credit form with a letter of Depository Trust Company, Government Securities Clearing Corporation, NSCC, The Options Clearing needed should better enable MBSCC to credit form developed by the Uniform Clearing Group.2 Corporation, MBS Clearing Corporation, Board of determine participants’ continuing Trade Clearing Corporation, Chicago Mercantile ability to meet their obligations and to Exchange, Clearing Corporation of New York, 4 17 CFR 200.30–3(a)(12). have sufficient collateral on hand. Kansas City Board of Trade, Minneapolis Grain 1 15 U.S.C. 78s(b)(1). Exchange, New York Mercantile Exchange, 2 NSCC attached a copy of the uniform letter of Emerging Markets Clearing Corporation, and 3 15 U.S.C. 78q–1(b)(3)(F). credit as Exhibit A to the filing. Clearing Corporation for Options and Securities. Federal Register / Vol. 64, No. 156 / Friday, August 13, 1999 / Notices 44253 expiration date, are set forth on the Commission, 450 Fifth Street, NW, working groups of the Advisory cover page. To assist members in Washington, DC 20549–0609. Copies of Committee. completing the ULC, the UCG drafted the submission, all subsequent This meeting will be held on general instructions. In addition, NSCC amendments, all written statements Thursday, September 16, 1999, from has provided supplemental instructions with respect to the proposed rule 9:30 a.m.–12:30 p.m. in Room 1107 of relating specifically to letters of credit change that are filed with the the Main Building of the U.S. furnished to NSCC. Commission, and all written Department of State, located at 2201 ‘‘C’’ NSCC expects that modifications may communications relating to the Street, NW, Washington, DC 20520. be made to the ULC in the future. If and proposed rule change between the Members of the public may attend these when that occurs, NSCC will require its Commission and any person, other than meetings up to the seating capacity of members to use the revised form.6 those that may be withheld from the the room. While the meeting is open to NSCC believes that the proposed rule public in accordance with the the public, admittance to the State change is consistent with the provisions of 5 U.S.C. 552, will be Department Building is only by means requirements of Section 17A of the Act available for inspection and copying in of a pre-arranged clearance list. In order and the rules and regulations the Commission’s Public Reference to be placed on the pre-clearance list, thereunder because, among other things, Section, 450 Fifth Street, NW, please provide your name, title, it will promote the prompt and accurate Washington, DC 20549. Copies of such company, social security number, date clearance and settlement of transactions filing also will be available for of birth, and citizenship to Shirlett in securities by facilitating processing inspection and copying at the principal Thornton at (202) 647–8345 or by fax at and will foster cooperation within the office of NSCC. All submissions should (202) 647–0158. All attendees must use financial community. refer to File No. SR-NSCC–99–05 and the ‘‘C’’ Street entrance. One of the (B) Self-Regulatory Organization’s should be submitted by September 3, following valid ID’s will be required for Statement on Burden on Competition 1999. admittance: any U.S. driver’s license with photo, a passport, or a U.S. NSCC does not believe that the For the Commission by the Division of proposed rule change will have an Market Regulation, pursuant to delegated Government agency ID. 7 impact on or impose any burden on authority. FOR FURTHER INFORMATION CONTACT: competition. Margaret H. McFarland, Timothy C. Finton, Executive Secretary Deputy Secretary. of the Committee, at (202) 647–5385 or (C) Self-Regulatory Organization’s [FR Doc. 99–21044 Filed 8–12–99; 8:45 am]
Application Number: 98–03–C–00– FOR FURTHER INFORMATION CONTACT: Decision Date: July 27, 1999. DCA. Terry Page, Washington Airports For Further Information Contact: Application Type: Impose and use a District Office, (703) 285–2570. Keafur Grimes, Jackson Airports District PFC. Public Agency: Mobile Airport Office, (601) 965–4628. PFC Level: $3.00. Authority, Mobile, Alabama. Public Agency: Joint Powers Board, Total PFC Revenue Approved in This Application Number: 99–03–C–00– Yellowstone Regional Airport, Cody, Decision: $23,563,086. MOB. Wyoming. Application Type: Impose and use a Earliest Charge Effective Date: Application Number: 99–22–00–COD. PFC. Application Type: Impose and use a PFC. November 1, 2000. PFC Level: $3.00. Estimated Charge Expiration Date: Total PFC Revenue Approved in This PFC Level: $3.00. February 1, 2002. Decision: $5,694,289. Total PFC Revenue Approved in This Class of Air Carriers Not Required To Earliest Charge Effective Date: October Decision: $219,000. Collect PFC’s: On-demand air taxis, both 1, 1999. Earliest Charge Effective Date: August fixed wing and rotary. Estimated Charge Expiration Date: 1, 1999. Determination: Approved. Based on October 1, 2004. Estimated Charge Expiration Date: information submitted in the public Class of Air Carriers Not Required To July 1, 2002. agency’s application, the FAA has Collect PFC’s: Air taxi/commercial Class of Air Carriers Not Required To determined that the proposed class operators filing FAA Form 1800–31. Collect PFC’s: Non-scheduled, on- accounts for less than 1 percent of the Determination: Approved. Based on demand air carries filing FAA Form total annual enplanements at Ronald information contained in the public 1800–31. Reagan Washington National Airport agency’s application, the FAA has Determination: Approved. Based on (DCA). determined that the proposed class information contained in the public accounts for less than 1 percent of the Brief Description of Project Approved agency’s application, the FAA has total annual enplanements at Mobile in Part for Collection at DCA and Use determined that the proposed class Regional Airport. at Washington Dulles International accounts for less than 1 percent of the Brief Description of Projects Approved Airport: Airside tunnel complex— total annual enplanements at for Collection and Use: pedestrian ‘‘walkback’’. Yellowstone Regional Airport. Passenger ramp. Brief Description of Project Approved Determination: The approved amount Land acquisition. is less than the amount requested for Airport beacon. for Collection and Use: Rehabilitation of PFC funding in the application due to Taxiway rehabilitation. runway 4/22. the limitations placed on the amount of Security system upgrade. Brief Description of Projects Approved funding authority available to the Runway overlay. for Collection Only: MWAA under Pub. L. No. 106–6, as General aviation ramp. Encasement of irrigation canal. amended by Pub. L. 106–31 (1999). The Brief Description of Projects Relocation/reconstruction of parallel FAA acknowledges the MWAA’s intent, Withdrawn: Air bags. taxiway. as stated in its June 7, 1999, letter, to Passenger shuttle. Decision Date: July 28, 1999. seek additional PFC funds, to the Determination: These projects were FOR FURTHER INFORMATION CONTACT: amount requested in the application, withdrawn by the public agency in its Christopher Schaffer, Denver Airports once the statutory restrictions on further letter dated June 28, 1999. Therefore, District Office, (303) 342–1258. PFC approval are removed. the FAA did not rule on these projects Decision Date: July 27, 1999. in this decision. Amendments to PFC Approvals
Original Amended Amendment Original Amended estimated estimated Amendment No. city, state approved date approved net approved net charge exp. charge exp. PFC revenue PFC revenue date date
95±07±I±02±CHO, Charlottesville, VA ...... 04/06/99 $56,318 $57,471 07/01/04 12/01/04 97±10±C±01±CHO, Charlottesville, VA ...... 04/06/99 1,023,120 1,033,600 07/01/04 12/01/04 97±11±C±01±CHO, Charlottesville, VA ...... 04/06/99 30,000 205,900 07/01/04 12/01/04 98±03±C±01±BGM, Binghamton, NY ...... 07/01/99 1,815,455 1,813,334 01/01/02 01/01/02 95±01±C±01±FLO, Florence, SC ...... 07/12/99 881,600 669,334 09/01/99 11/01/99 96±03±C±01±ILE, Kileen, TX ...... 07/13/99 816,500 162,830 11/01/99 11/01/99 97±02±C±01±ATW, Appleton, WI ...... 07/19/99 656,250 754,688 04/01/03 06/01/03 98±05±C±01±RHI, Rhinelander, WI ...... 07/20/99 20,500 36,500 04/01/01 07/01/00 93±01±C±04±EUG, Eugene, OR ...... 07/21/99 5,256,888 6,256,888 02/01/00 01/01/01 98±03±C±01±EUG, Eugene, OR ...... 07/22/99 805,335 1,577,459 02/01/00 01/01/01 96±04±C±3±YKM, Yakima, WA ...... 07/22/99 850,957 965,075 03/01/00 06/01/00 98±03±C±01±IAD, Alexandria, VA ...... 07/23/99 29,849,777 34,919,777 02/01/10 05/01/10 96±03±C±01±TUL, Tulsa, OK ...... 07/30/99 12,206,000 13.586,900 08/01/99 11/01/99 Federal Register / Vol. 64, No. 156 / Friday, August 13, 1999 / Notices 44257
Issued in Washington, DC. on August 6, Washington DC: Federal Railroad Designation Act of 1995) and the 1999. Administration, 1120 Vermont Transportation Equity Act for the 21st Eric Gabler, Avenue, NW., Room 6060, Century. FRA’s provision of funds for Manager, Passenger Facility Charge Branch. Washington, DC 20590, (202) 493– project purposes is subject to NEPA and [FR Doc. 99–21038 Filed 8–12–99; 8:45 am] 6380. NHPA. BILLING CODE 4910±13±M New York, NY.: Pennsylvania Station Redevelopment Corporation (PSRC), Alternatives Analyzed in the Draft 633 Third Avenue, 36th Floor, New Environmental Assessment DEPARTMENT OF TRANSPORTATION York, NY 10017, (212) 803–3642. Alternative 1. No Action Boston, MA: McGinley Hart and Under this alternative, the only Federal Railroad Administration Associates, 77 N. Washington Street, changes anticipated at Penn Station Boston, MA, 02114, (617) 227–2932. would be routine repairs and Availability of an Environmental Comments on the Environmental Assessment on the Proposed New maintenance. Amtrak has underway and Assessment should be submitted to: Mr. will very soon complete life safety York Pennsylvania Station Alexander V. Chavrid, Federal Railroad Redevelopment Project improvements and modifications to Administration, Office of Railroad meet the needs of the start up of Acela AGENCY: Federal Railroad Development, Mailstop-20, 1120 high-speed rail service in late 1999. The Administration (FRA), Department of Vermont Avenue, NW, Washington, DC only changes anticipated on the exterior Transportation (DOT). 20590, (202) 493–6380. Comments can or interior of the Farley Building would also be submitted through E-mail to ACTION: Notice of availability of the be routine repairs and maintenance of [email protected] (please include the structure. The No Build alternative Environmental Assessment, request for the sender’s full name and mailing public comment. also includes minor work at the Eight address). Avenue Subway concourse at 33rd FOR FURTHER INFORMATION CONTACT: Mr. SUMMARY: Pursuant to the Council on Street. Alexander V. Chavrid, at the above Environmental Quality regulations and address and telephone number. Alternative 2. The Build Alternative the FRA’s Procedures for Considering Environmental Impacts, the FRA SUPPLEMENTARY INFORMATION: Efforts to The Build Alternative has been announces the availability of an improve the National Railroad designed to meet New York’s Environmental Assessment for the Passenger Corporation’s (Amtrak) rail transportation needs into the 21st proposed Pennsylvania Station passenger station facilities in New York Century. PSRC proposes to redevelop Redevelopment Project in New York, City have been underway since 1991. the Farley Building into an intermodal New York. The Environmental New York Pennsylvania Station is an transportation facility and commercial Assessment examines the Pennsylvania aging facility and inadequate to serve center, which includes an Amtrak Station Redevelopment Corporation’s the thousands of daily intercity and station in the original Farley Building, proposal to transform a portion of the commuter rail passengers that pass an intermodal hall, a sky-lit train James A. Farley Post Office (located through it let alone the expected concourse, a postal loading dock below directly across Eighth Avenue from increases in intercity and commuter rail grade, and a commuter concourse as Pennsylvania Station) into an ridership over the coming years. The well as Eighth Avenue subway intermodal transportation facility and environmental impacts associated with connection improvements and ancillary commercial center. The FRA is an initial Amtrak proposal to expand retail. The new station would have two soliciting comments on this the Station space by moving intercity midblock entrances on West 31st and Environmental Assessment. FRA will rail passenger functions to the James A. West 33rd Streets. At these entrances, consider these comments in making a Farley Post Office (located directly (complemented by entrances at the decision pursuant to the National across the street from Pennsylvania north and south corners of Eight Environmental Policy Act (NEPA) and Station with access to the tracks and Avenue), at-grade Americans With the National Historic Preservation Act of platforms) was analyzed by the FRA in Disabilities Act-compliant access would 1966 (NHPA). a 1995 environmental assessment. be provided for all passengers and Amtrak’s proposal was not progressed to postal retail customers and covered DATES: The Environmental Assessment final design and in 1995, a new areas would be included for taxi pick- will remain available for public corporation, the Pennsylvania Station up and drip-off. The United States comment through September 10, 1999. Redevelopment Corporation (PSRC), Postal Service (USPS) would improve ADDRESSES: Individuals wishing copies was formed specifically to manage the and continue to occupy the historic of the draft Environmental Assessment Pennsylvania Station Redevelopment postal lobby, the offices on the upper should immediately contact the FRA Project. PSRC is a subsidiary of the New floors of the original Farley Building, Office and personnel listed below. York State Urban Development and the postal rail access facilities and Copies of the Environmental Corporation, a public benefit mail processing and distribution Assessment are being mailed to agencies corporation of the State of New York. functions on all floors of the Farley and individuals that have participated PSRC has proposed a comprehensive Building Annex. New, modern USPS in the environmental assessment program of improvements at the Farley loading facilities would be built on the process. The complete Volume I of the Building that would transform it into a train concourse and the first-floor levels Environmental Assessment has also major transportation facility and of the Farley Building Annex, accessible been placed on FRA’s Internet page at commercial center. Congress has by ramps from Ninth Avenue. Finally, http://www.fra.dot.gov/s/regs/env/ appropriated Federal funds to the FRA the Build Alternative includes traffic pennstation.htm Finally, the for the redevelopment project in improvements, operational measures, Environmental Assessment is also Department of Transportation and pedestrian improvements to streets available for public inspection, by Appropriations Acts, the Intermodal in the vicinity of the Farley Building. appointment, during normal business Surface Transportation Efficiency Act All interested agencies, organizations, hours at the following locations: (as amended by the National Highway and individuals are urged to provide 44258 Federal Register / Vol. 64, No. 156 / Friday, August 13, 1999 / Notices comments on the draft Environmental interest of the Protestant in the Construction, 4901 Belfort Road, Suite Assessment. All comments received by proceeding. Additionally, one copy of 130 (S/C J–370), Jacksonville, Florida the closing date will be considered by the protest shall be furnished to the 32256. the FRA as it completes its NEPA and applicant at the address listed above. Consolidated Rail Corporation, Mr. R. E. NHPA compliance. All communications concerning this Inman, Chief Engineer—C&S Assets, Dated: August 9, 1999. proceeding should be identified by the 1000 Howard Boulevard, Mount docket number and must be submitted Laurel, New Jersey 08054. Mark E. Yachmetz, to the Docket Clerk, DOT Central Docket CSX Transportation Incorporated Chief, Passenger Programs Division. Management Facility, Room PI–401, (CSXT) and Consolidated Rail [FR Doc. 99–20967 Filed 8–12–99; 8:45 am] Washington, DC 20590–0001. Corporation, jointly seek approval of the BILLING CODE 4910±06±P Communications received within 45 proposed temporary discontinuance of days of the date of this notice will be the current of traffic and interlocking considered by the FRA before final signal systems, at Riverdale, Illinois, DEPARTMENT OF TRANSPORTATION action is taken. Comments received after milepost DC–11.40, on the CSXT Barr Federal Railroad Administration that date will be considered as far as Subdivision, Chicago Service Lane, for a practicable. All written communications period of approximately 60 days. During Notice of Application for Approval of concerning these proceedings are the temporary discontinuance, it is Discontinuance or Modification of a available for examination during regular proposed to govern train movements by Railroad Signal System or Relief From business hours (9 a.m.–5 p.m.) at DOT Yard Limit Rules under the direction of the Requirements of Title 49 Code of Central Docket Management Facility, the train dispatcher, and utilize a switch Federal Regulations Part 236 Room PI–401 (Plaza Level), 400 Seventh tender handle all switches. The Street, SW, Washington, DC 20590– proposal is associated with major Pursuant to Title 49 Code of Federal 0001. All documents in the public modifications to track and signal Regulations (CFR) part 235 and 49 docket are also available for inspection arrangements, and include the U.S.C. App. 26, the following railroads and copying on the internet at the installation of a traffic control system. have petitioned the Federal Railroad docket facility’s Web site at http:// The reason given for the proposed Administration (FRA) seeking approval dms.dot.gov. changes is to safely and efficiently for the discontinuance or modification FRA expects to be able to determine expedite train movements during of the signal system or relief from the these matters without an oral hearing. construction and cut-over. requirements of 49 CFR part 236 as However, if a specific request for an oral Any interested party desiring to detailed below. hearing is accompanied by a showing protest the granting of an application shall set forth specifically the grounds Docket No. FRA–1999–5896 that the party is unable to adequately present his or her position by written upon which the protest is made, and Applicant: CSX Transportation, statements, an application may be set contain a concise statement of the Incorporated, Mr. E.G. Peterson, for public hearing. interest of the Protestant in the Assistant Chief Engineer, Signal Design proceeding. Additionally, one copy of Issued in Washington, DC, on August 9, the protest shall be furnished to the and Construction, 4901 Belfort Road, 1999. Suite 130 (S/C J–370), Jacksonville, applicant at the address listed above. Grady C. Cothen, Jr., Florida 32256. All communications concerning this CSX Transportation Incorporated Deputy Associate Administrator for Safety proceeding should be identified by the Standards and Program Development. seeks approval of the proposed docket number and must be submitted modification of the traffic control [FR Doc. 99–21047 Filed 8–12–99; 8:45 am] to the Docket Clerk, DOT Central Docket system, on the single main track, BILLING CODE 4910±06±P Management Facility, Room PI–401, between milepost CAB–79.03 and Washington, DC 20590–0001. milepost CAB–80.0, near Communications received within 45 DEPARTMENT OF TRANSPORTATION Scottsville,Virgina, on the Rivanna days of the date of this notice will be considered by the FRA before final Subdivision, C&O Business Unit, Federal Railroad Administration consisting of the following: action is taken. Comments received after Notice of Application for Approval of that date will be considered as far as 1. The discontinuance and removal of practicable. All written communications absolute controlled signals 70R, 70L, and C Discontinuance or Modification of a at East End Scottsville, milepost CAB–79.03; Railroad Signal System or Relief From concerning these proceedings are 2. Conversion of the power-operated the Requirements of Title 49 Code of available for examination during regular switch at the East End Scottsville to hand Federal Regulations Part 236 business hours (9 a.m.–5 p.m.) at DOT operation, equipped with an electric lock; Central Docket Management Facility, 3. The discontinuance and removal of Pursuant to Title 49 Code of Federal Room PI–401 (Plaza Level), 400 Seventh absolute controlled signals 66R and 66L at Regulations (CFR) part 235 and 49 Street, SW, Washington, DC 20590– West End Scottsville, milepost CAB–80.0; U.S.C. App. 26, the following railroads 0001. All documents in the public and have petitioned the Federal Railroad docket are also available for inspection 4. Installation of back to back intermediate Administration (FRA) seeking approval and copying on the internet at the signals at milepost CAB–79.1. for the discontinuance or modification docket facility’s Web site at http:// The reason given for the proposed of the signal system or relief from the dms.dot.gov. changes is to eliminate facilities no requirements of 49 CFR part 236 as FRA expects to be able to determine longer needed for present day detailed below. these matters without an oral hearing. operations. However, if a specific request for an oral Any interested party desiring to Docket No. FRA–1999–5753 hearing is accompanied by a showing protest the granting of an application Applicants: that the party is unable to adequately shall set forth specifically the grounds CSX Transportation, Incorporated, Mr. present his or her position by written upon which the protest is made, and E. G. Peterson, Assistant Chief statements, an application may be set contain a concise statement of the Engineer, Signal Design and for public hearing. Federal Register / Vol. 64, No. 156 / Friday, August 13, 1999 / Notices 44259
Issued in Washington, DC, on August 9, days of the date of this notice will be The reason given for the proposed 1999. considered by the FRA before final changes is that removal of switches and Grady C. Cothen, Jr., action is taken. Comments received after changes in train operation no longer Deputy Associate Administrator for Safety that date will be considered as far as require signals at these locations. Standards and Program Development. practicable. All written communications Any interested party desiring to [FR Doc. 99–21050 Filed 8–12–99; 8:45 am] concerning these proceedings are protest the granting of an application BILLING CODE 4910±06±P available for examination during regular shall set forth specifically the grounds business hours (9 a.m.–5 p.m.) at DOT upon which the protest is made, and Central Docket Management Facility, contain a concise statement of the DEPARTMENT OF TRANSPORTATION Room PI–401 (Plaza Level), 400 Seventh interest of the Protestant in the Street, SW, Washington, DC 20590– proceeding. Additionally, one copy of Federal Railroad Administration 0001. All documents in the public the protest shall be furnished to the docket are also available for inspection applicant at the address listed above. Notice of Application for Approval of and copying on the internet at the All communications concerning this Discontinuance or Modification of a docket facility’s Web site at http:// proceeding should be identified by the Railroad Signal System or Relief From dms.dot.gov. docket number and must be submitted the Requirements of Title 49 Code of to the Docket Clerk, DOT Central Docket Federal Regulations Part 236 FRA expects to be able to determine these matters without an oral hearing. Management Facility, Room PI–401, Pursuant to Title 49 Code of Federal However, if a specific request for an oral Washington, DC 20590–0001. Regulations (CFR) part 235 and 49 hearing is accompanied by a showing Communications received within 45 U.S.C. App. 26, the following railroads that the party is unable to adequately days of the date of this notice will be have petitioned the Federal Railroad present his or her position by written considered by the FRA before final Administration (FRA) seeking approval statements, an application may be set action is taken. Comments received after for the discontinuance or modification for public hearing. that date will be considered as far as of the signal system or relief from the practicable. All written communications Issued in Washington, DC, on August 9, concerning these proceedings are requirements of 49 CFR part 236 as 1999. detailed below. available for examination during regular Grady C. Cothen, Jr., business hours (9 a.m.—5 p.m.) at DOT Docket No. FRA–1999–5754 Deputy Associate Administrator for Safety Central Docket Management Facility, Standards and Program Development. Applicant: CSX Transportation, Room PI–401 (Plaza Level), 400 Seventh Incorporated, Mr. E.G. Peterson, [FR Doc. 99–21051 Filed 8–12–99; 8:45 am] Street, SW, Washington, DC 20590– Assistant Chief Engineer, Signal Design BILLING CODE 4910±06±P 0001. All documents in the public and Construction, 4901 Belfort Road, docket are also available for inspection Suite 130 (S/C J–370), Jacksonville, and copying on the Internet at the DEPARTMENT OF TRANSPORTATION Florida 32256. docket facility’s Web site at http:// dms.dot.gov. CSX Transportation Incorporated Federal Railroad Administration seeks approval of the proposed FRA expects to be able to determine modification of the traffic control Notice of Application for Approval of these matters without an oral hearing. system, on Main Track No. 2, at Discontinuance or Modification of a However, if a specific request for an oral milepost CA–403.1, South Fayette, West Railroad Signal System or Relief From hearing is accompanied by a showing Virginia, on the New River Subdivision, the Requirements of Title 49 Code of that the party is unable to adequately C&O Business Unit, consisting of the Federal Regulations Part 236 present his or her position by written following: statements, an application may be set for public hearing. 1. Discontinuance and removal of absolute Pursuant to Title 49 Code of Federal controlled signals 58RA, 58RC, and 58L; Regulations (CFR) part 235 and 49 Issued in Washington, DC on August 9, 2. Conversion of the power-operated U.S.C. App. 26, the following railroads 1999. switch to hand operation; and have petitioned the Federal Railroad Grady C. Cothen, Jr., 3. Installation of back to back intermediate Administration (FRA) seeking approval Deputy Associate Administrator for Safety signals 4030 and 4031, and signal E1. for the discontinuance or modification Standards and Program Development. The reason given for the proposed of the signal system or relief from the [FR Doc. 99–21048 Filed 8–12–99; 8:45 am] changes is to increase operating requirements of 49 CFR part 236 as BILLING CODE 4910±06±P efficiency. detailed below. Any interested party desiring to Docket No. FRA–1999–5751 protest the granting of an application DEPARTMENT OF TRANSPORTATION shall set forth specifically the grounds Applicant: Union Pacific Railroad upon which the protest is made, and Company, Mr. Phil Abaray, Chief Federal Railroad Administration Engineer—Signals, 1416 Dodge Street, contain a concise statement of the Notice of Application for Approval of interest of the Protestant in the Room 1000, Omaha, Nebraska 68179– 1000. Discontinuance or Modification of a proceeding. Additionally, one copy of Railroad Signal System or Relief From the protest shall be furnished to the Union Pacific Railroad Company the Requirements of Title 49, Code of applicant at the address listed above. seeks approval of the proposed Federal Regulations, Part 236 All communications concerning this modification of the traffic control proceeding should be identified by the system, on the single main track, of the Pursuant to Title 49 Code of Federal docket number and must be submitted Palestine Subdivision, near Palestine, Regulations (CFR) part 235 and 49 to the Docket Clerk, DOT Central Docket Texas, consisting of the discontinuance U.S.C. App. 26, the following railroads Management Facility, Room PI–401, and removal of automatic signals 06 and have petitioned the Federal Railroad Washington, DC 20590–0001. 07 at milepost 82.2 and automatic Administration (FRA) seeking approval Communications received within 45 signals 11R and 12R at milepost 82.9. for the discontinuance or modification 44260 Federal Register / Vol. 64, No. 156 / Friday, August 13, 1999 / Notices of the signal system or relief from the Issued in Washington, DC, on August 9, consists of a heavy rail subway that requirements of 49 CFR part 236 as 1999. would follow the alignment identified detailed below. Grady C. Cothen, Jr., in the 1994 FEIS/FEIR and the FTA Deputy Associate Administrator for Safety Record of Decision, December 1994. (6) Docket No. FRA–1999–5752 Standards and Program Development. A Transportation Demand Management Applicant: Union Pacific Railroad [FR Doc. 99–21049 Filed 8–12–99; 8:45 am] (TDM)/Transportation System Company, Mr. Phil Abaray, Chief BILLING CODE 4910±06±P Management (TSM) Alternative. (7) A Engineer—Signals, 1416 Dodge Street, No Build Alternative, which involves no change to transportation services or Room 1000, Omaha, Nebraska 68179– DEPARTMENT OF TRANSPORTATION facilities in the corridor beyond already 1000. committed projects. Potential new Union Pacific Railroad Company Federal Transit Administration feasible alternatives generated through seeks approval of the proposed Supplemental Environmental Impact the scoping process will also be modification of the traffic control Statement on the Los Angeles considered. system, on the single main track and Eastside Transit Corridor The results of the Re-Evaluation MIS siding, near Delta, Missouri, milepost process is intended to narrow the 138.6, on the Chester Subdivision, AGENCY: Federal Transit Administration, alternatives to be evaluated in detail in consisting of the discontinuance and DOT. the SEIS/SEIR. Scoping will be removal of automatic signals 161, D161, ACTION: Notice of intent to prepare a accomplished through correspondence 162, and D162. Supplemental Environmental Impact with interested persons, organizations, The reason given for the proposed Statement. and Federal, State, and local agencies; changes is that signals are no longer three public scoping meetings; and one- SUMMARY: The Federal Transit inter-agency scoping meeting. required since the at-grade railroad Administration (FTA), as Federal lead crossing is no longer in service and the agency, and the Los Angeles County DATES: Comment Due Date: Written tracks crossing the railroad have been Metropolitan Transportation Authority comments on the scope of alternatives retired. (MTA) intend to prepare a Re- and impacts to be considered should be submitted by September 10, 1999. Any interested party desiring to Evaluation Major Investment Study (MIS) and a Supplemental Written comments should be sent to Mr. protest the granting of an application Steven Byre, Los Angeles County shall set forth specifically the grounds Environmental Impact Statement (SEIS) in accordance with the National Metropolitan Transportation Authority, upon which the protest is made, and One Gateway Plaza, Los Angeles, contain a concise statement of the Environmental Policy Act of 1969 (NEPA) on a proposal by MTA to California 90012. Written comments interest of the Protestant in the may also be made at the public scoping proceeding. Additionally, one copy of provide additional transit service to the Eastside communities within the Los meetings scheduled below. Scoping the protest shall be furnished to the Angeles metropolitan area. In addition meeting: The public scoping meetings applicant at the address listed above. to NEPA, the proposed project is subject will take place on the following days All communications concerning this to compliance with the California and locations at the time indicated: proceeding should be identified by the Environmental Quality Act (CEQA); 1. Tuesday, August 24, 1999, 4:30 docket number and must be submitted therefore, a joint SEIS/Supplemental p.m. to 8 p.m.—Resurrection Parish to the Docket Clerk, DOT Central Docket Environmental Impact Report (SEIR) Hall, 3324 E. Opal Street, Los Angeles, Management Facility, Room PI–401, will be prepared. CA 90023 Washington, DC 20590–0001. The Re-Evaluation MIS and the SEIS/ 2. Thursday, August 26, 1999, 4:30 Communications received within 45 SEIR will consider the following p.m. to 8 p.m.—St. Alphonsus School days of the date of this notice will be alternatives: (1) Exclusive busway Auditorium, 552 S. Amalia, Los considered by the FRA before final alternatives between Union Station and Angeles, CA 90022 action is taken. Comments received after Whittier/Atlantic via 1st St., Lorena, 3. Wednesday, September 2, 1999, that date will be considered as far as Whittier or other alternative arterial 4:30 p.m. to 8 p.m.—Montebello City practicable. All written communications roadways that would be at-grade or Hall, City Council Chamber, 1600 West concerning these proceedings are elevated. (2) Light rail alternatives Beverly Blvd., Montebello, CA 90640 available for examination during regular between Union Station and Whittier/ A scoping meeting for governmental business hours (9 a.m.–5 p.m.) at DOT Atlantic via 1st St., Lorena, Whittier or agencies will be held on Wednesday, Central Docket Management Facility, other alternative arterial roadways that August 25 1999, 9 a.m. to 11 a.m.—Los Room PI–401 (Plaza Level), 400 Seventh would be at-grade or elevated. (3) A Angeles County MTA, 1 Gateway Plaza, Street, SW, Washington, DC 20590– Heavy Rail alternative from Union 3rd Floor Board Room, Los Angeles, CA Station to Chevaz/Soto without a Little 90012. 0001. All documents in the public Toyko station. (4) The Heavy Rail LPA People with special needs should docket are also available for inspection initial operating segment (IOS–2, 3.7 contact Steven Brye at MTA at the and copying on the Internet at the miles) from Union Station to 1st/Lorena address below or by calling (213) 922– docket facility’s Web site at http:// as identified in the Los Angeles Eastside 3078. The selected locations are dms.dot.gov. Corridor Final Environmental Impact accessible to people with disabilities. FRA expects to be able to determine Statement/Final Environmental Impact The scoping meetings will be held in these matters without an oral hearing. Report (FEIS/FEIR), May 1994 and the an ‘‘open-house’’ format, and However, if a specific request for an oral FTA Record of Decision, December 1994 representatives will be available to hearing is accompanied by a showing and is the currently suspended Locally discuss the project throughout the time that the party is unable to adequately Preferred Alternative project. (5) The periods given. Informational displays present his or her position by written Heavy Rail Locally Preferred Alternative and written material will also be statements, an application may be set (LPA) from Union Station to Whittier/ available throughout the time periods for public hearing. Atlantic. This 6.8-mile alternative given. Federal Register / Vol. 64, No. 156 / Friday, August 13, 1999 / Notices 44261
ADDRESSES: Written comments should this Re-Evaluation MIS, the study area Boulevard are not only important to the be sent to Mr. Steven Brye, Los Angeles has been defined that includes that community but serve the needs of a County Metropolitan Transportation portion of East Los Angeles bounded by much larger area. The two colleges Authority, One Gateway Plaza, Los the Los Angeles Central Business (California State University at Los Angeles, California 90012. Written District on the west (Alameda Avenue, Angeles and the East Los Angeles comments may also be made at the Union Station), Interstate 10 (San Community College) in the study area scoping meetings. See DATES above for Bernardino Freeway, to the I–710) and are important to the cultural and meeting locations. State Route 60 (Pomona Freeway, I–710 educational needs of the Eastside and FOR FURTHER INFORMATION CONTACT: Mr. to 605) on the north, I–605 (San Gabriel require quality public transit Robert Hom, Director, Program River Freeway) on the east, and accessibility. Development, FTA Region IX, 201 Interstate 5 (Santa Ana Freeway) on the III. Alternatives Mission St., Suite 2210, San Francisco, south. MTA and FTA are interested in The alternatives proposed for initial CA 94105–1831. Phone: (415) 744–3133. comments as to the possible need to consideration in the Re-Evaluation SUPPLEMENTARY INFORMATION: extend the boundaries of this corridor study area to consider longer range Major Investment Study (see FTA I. Scoping transportation needs. The western part Procedures below) include: (1) Exclusive busway alternatives between FTA and MTA invite interested of the Los Angeles Central Business District (to the I–110 Harbor Freeway) Union Station and Whittier/Atlantic via individuals, organizations, and Federal, 1st St., Lorena, Whittier or other State, and local agencies to participate may be considered a part of the study area depending on the extent of the alternative arterial roadways that would in defining the alternatives to be be at-grade or elevated. (2) Light rail evaluated in the Re-Evaluation Major alternatives considered west of Union Station and Alameda Avenue. alternatives between Union Station and Investment Study (MIS) and the SEIS/ Whittier/Atlantic via 1st St., Lorena, SEIR and identifying any significant The MTA has considered extension of Whittier or other alternative arterial social, economic, or environmental the Los Angeles Rail Rapid Transit roadways that would be at-grade or issues related to the alternatives. An Project (Metro Red Line) to the Eastside elevated. (3) A Heavy Rail alternative information packet describing the communities for many years. The most from Union Station to Chavez/Soto purpose of the project, the location, the recent study led to the adoption of a without a Little Toyko station. (4) The proposed alternatives, and the impact Locally Preferred Alternative to extend Heavy Rail LPA initial operating areas to be evaluated is being mailed to the Metro Red Line as a subway for 6.8 segment (IOS–2, 3.7 miles) from Union affected Federal, State, and local miles into the Eastside communities. Station to 1st/Lorena as identified in the agencies. Others may request the The initial phase (3.7 miles) of the 1994 FEIS/FEIR and the FTA Record of scoping materials by contacting Mr. Eastside heavy rail subway project Decision, December 1994 and is the Steven Brye, Los Angeles County continued into Final Design and right- currently suspended Locally Preferred Metropolitan Transportation Authority, of-way acquisition activities assuming Alternative project. (5) The Heavy Rail One Gateway Plaza, Los Angeles, the funding was available to construct Locally Preferred Alternative (LPA) California 90012, (213) 922–3078. the project, and MTA entered into a Full from Union Station to Whittier/Atlantic. Scoping comments may be made in Funding Grant Agreement for the initial This 6.8-mile alternative consists of a writing at the public scoping meeting. phase with FTA in December 1994. heavy rail subway that would follow the See the DATES section above for the Subsequently, an evaluation of the alignment identified in the 1994 FEIS/ location and time. During scoping, current local funding available for the FEIR and the FTA Record of Decision, comments should focus on identifying Eastside project and other rail projects December 1994. (6) A Transportation specific social, economic, or in Los Angeles County led to a Demand Management (TDM)/ environmental impacts to be evaluated suspension of work in May 1998. Voters Transportation System Management and suggesting alternatives that are less also approved a new County law in (TSM) Alternative. (7) A No Build costly or less environmentally damaging November 1998 that restricts the use of Alternative, which involves no change while meeting the identified mobility Proposition A and C sales tax revenues to transportation services or facilities in needs. Scoping is not the appropriate for ‘‘new subways’’. The MTA was the corridor beyond already committed time to indicate a preference for a directed to study viable and effective projects. particular alternative. Comments on options for all parts of Los Angeles Other alignment alternatives preferences should be communicated County, with an emphasis on the involving rail or bus may be developed after the Re-Evaluation MIS and the corridors in which rail project in the scoping process in the early Supplemental Draft EIS/EIR has been development efforts had been stages of the study. completed. If you wish to be placed on suspended. As a result, MTA has the mailing list to receive further decided to undertake this current study IV. Probable Effects information as the project develops, that will involve an in-depth review of FTA and MTA will evaluate contact: Mr. Steven Brye, Los Angeles fixed guideway and other modal significant environmental, social, and County Metropolitan Transportation alternatives (rail and bus) that could economic impacts of the alternatives to Authority, One Gateway Plaza, Los lead to a project that is affordable, meets be analyzed in the SEIS/SEIR. Among Angeles, California 90012, (213) 922– corridor mobility and related needs and the primary transit issues to be 3078. goals, and is acceptable to the evaluated are the expected increase in community. The Eastside community is transit ridership, the expected increase II. Description of the Study Area and one of the most transit-dependent and in mobility for the corridor’s transit Project Need transit-oriented communities in Los dependent, the support of the region’s The Eastside Transit Corridor study Angeles County. Many of the highest air quality goals, the capital outlays area is a major travel corridor in the Los MTA and Montebello Transit ridership needed to construct the project, the cost Angeles region as identified in the bus routes are there. The commercial of operating and maintaining the previous environmental documents and shopping areas on Cesar Chavez facilities created by the project, and the referenced in the Summary above. For Avenue, 1st Street and Whittier financial impacts on the funding 44262 Federal Register / Vol. 64, No. 156 / Friday, August 13, 1999 / Notices agencies. Potentially affected DEPARTMENT OF TRANSPORTATION the same model year as the model of the environmental and social resources motor vehicle to be compared, and is proposed for analysis include land use National Highway Traffic Safety capable of being readily altered to and neighborhoods impacts, residential Administration conform to all applicable Federal motor and business displacements and [Docket No. NHTSA±99±6081] vehicle safety standards. relocations, traffic and parking impacts Petitions for eligibility decisions may near stations, traffic circulation, visual Notice of Receipt of Petition for be submitted by either manufacturers or impacts, impacts on cultural and Decision That Nonconforming 1999± importers who have registered with archaeological resources, and noise and 2000 Ferrari 360 Modena Passenger NHTSA pursuant to 49 CFR Part 592. As vibration impacts. Impacts on air and Cars Are Eligible for Importation specified in 49 CFR 593.7, NHTSA publishes notice in the Federal Register water quality, groundwater, hazardous AGENCY: National Highway Traffic of each petition that it receives, and waste sites, and water resources will Safety Administration, DOT. also be covered. The impacts will be affords interested persons an ACTION: Notice of receipt of petition for opportunity to comment on the petition. evaluated both for the construction decision that nonconforming 1999–2000 period and for the long-term period of At the close of the comment period, Ferrari 360 Modena passenger cars are NHTSA decides, on the basis of the operation. Measures to mitigate adverse eligible for importation. impacts will be considered. petition and any comments that it has received, whether the vehicle is eligible SUMMARY: This document announces V. FTA Procedures receipt by the National Highway Traffic for importation. The agency then Safety Administration (NHTSA) of a publishes this decision in the Federal A Re-Evaluation Major Investment Register. Study (MIS) will initially be prepared to petition for a decision that 1999–2000 J.K. Motors of Kingsville, Maryland evaluate several rail and bus mode and Ferrari 360 Modena passenger cars that were not originally manufactured to (‘‘J.K.’’) (Registered Importer 90–006) alignment options. The MIS/Draft SEIS/ comply with all applicable Federal has petitioned NHTSA to decide SEIR and the conceptual engineering for motor vehicle safety standards are whether 1999-2000 Ferrari 360 Modena the project will be prepared eligible for importation into the United passenger cars are eligible for simultaneously. Following FTA States because (1) they are substantially importation into the United States. The approval, Preliminary Engineering similar to vehicles that were originally vehicles which J.K. believes are would be conducted during preparation manufactured for importation into and substantially similar are 1999–2000 of the Final SEIS/SEIR. The impacts of sale in the United States and that were Ferrari 360 Modena passenger cars that these initial alternatives will be certified by their manufacturer as were manufactured for importation into, evaluated on a corridor-level basis complying with the safety standards, and sale in, the United States and during the Re-Evaluation/MIS and SEIS/ and (2) they are capable of being readily certified by their manufacturer as SEIR scoping phase. The alternatives altered to conform to the standards. conforming to all applicable Federal coming out of this initial evaluation will DATES: The closing date for comments motor vehicle safety standards. then be assessed in the Draft SEIS/SEIR. on the petition is September 13, 1999. The petitioner claims that it carefully The Draft SEIS/SEIR/conceptual ADDRESSES: Comments should refer to compared non-U.S. certified 1999–2000 engineering process will assess the the docket number and notice number, Ferrari 360 Modena passenger cars to social, economic, and environmental and be submitted to: Docket their U.S.-certified counterparts, and impacts of the proposed alternatives at Management, Room PL–401, 400 found the vehicles to be substantially a project-level while refining their Seventh St., SW, Washington, DC similar with respect to compliance with design to minimize and mitigate any 20590. [Docket hours are from 9 am to most Federal motor vehicle safety adverse impacts. After its publication, 5 pm.] standards. the Draft SEIS/SEIR will be available for FOR FURTHER INFORMATION CONTACT: J.K. submitted information with its public and agency review and comment, George Entwistle, Office of Vehicle petition intended to demonstrate that and a public hearing will be held. On Safety Compliance, NHTSA (202–366– non-U.S. certified 1999–2000 Ferrari the basis of the Draft SEIS/SEIR and 5306). 360 Modena passenger cars, as comments received, MTA will select a SUPPLEMENTARY INFORMATION: originally manufactured, conform to preferred alternative to carry forward many Federal motor vehicle safety into the Final SEIS/SEIR. The Final Background standards in the same manner as their SEIS/SEIR will be based on information Under 49 U.S.C. 30141(a)(1)(A), a U.S. certified counterparts, or are resulting from Preliminary Engineering. motor vehicle that was not originally capable of being readily altered to conform to those standards. Issued On: August 9, 1999. manufactured to conform to all applicable Federal motor vehicle safety Specifically, the petitioner claims that Leslie Rogers, standards shall be refused admission non-U.S. certified 1999–2000 Ferrari Regional Administrator, Federal Transit into the United States unless NHTSA 360 Modena passenger cars are identical Administration, Region IX. has decided that the motor vehicle is to their U.S. certified counterparts with [FR Doc. 99–20952 Filed 8–12–99; 8:45 am] substantially similar to a motor vehicle respect to compliance with Standard BILLING CODE 4910±57±M originally manufactured for importation Nos. 102 Transmission Shift Lever into and sale in the United States, Sequence . . ., 103 Defrosting and certified under 49 U.S.C. 30115, and of Defogging Systems, 104 Federal Register / Vol. 64, No. 156 / Friday, August 13, 1999 / Notices 44263
Windshield Wiping and Washing with combination lap and shoulder belts exemption from the fade and water Systems, 105 Hydraulic Brake Systems, that are self tensioning and capable of recovery requirements of Federal Motor 106 Brake Hoses, 109 New Pneumatic being released by means of a single red Vehicle Safety Standard No. 122 Tires, 113 Hood Latch Systems, 116 push-button. Motorcycle brake systems. Honda Brake Fluid, 124 Accelerator Control Standard No. 214 Side Impact asserted that an exemption would make Systems, 201 Occupant Protection in Protection: installation of U.S.-model easier the development or field Interior Impact, 202 Head Restraints, doorbars in vehicles that are not already evaluation of a new motor vehicle safety 204 Steering Control Rearward so equipped. feature providing a safety level at least Displacement, 205 Glazing Materials, The petitioner also states that a equal to the safety level of the standard. 206 Door Locks and Door Retention vehicle identification plate must be We published notice of receipt of Components, 207 Seating Systems, 209 affixed to the vehicle near the left Honda’s application on May 24, 1999, Seat Belt Assemblies, 210 Seat Belt windshield post and a reference and and afforded an opportunity for Assembly Anchorages, 212 Windshield certification label must be affixed in the comment (64 FR 28025). No comments Retention, 216 Roof Crush Resistance, area of the left front door post to meet were received responding to this notice. 219 Windshield Zone Intrusion, 301 the requirements of 49 CFR Part 565. The discussion that follows is based Fuel System Integrity, and 302 Interested persons are invited to on information contained in Honda’s Flammability of Interior Materials. submit comments on the petition application. Additionally, the petitioner states that described above. Comments should refer non-U.S. certified 1999–2000 Ferrari to the docket number and be submitted Why Honda Needs Again To Renew Its 360 Modena passenger cars comply with to: Docket Management, Room PL–401, Temporary Exemption To Make Easier the Bumper Standard found in 49 CFR 400 Seventh St., SW, Washington, DC the Development or Field Evaluation of Part 581. 20590. [Docket hours are from 9 am to a New Motor Vehicle Safety Feature Petitioner also contends that the 5 pm.] It is requested but not required Providing a Safety Level at Least Equal vehicles are capable of being readily that 10 copies be submitted. to the Safety Level of Standard No. 122 altered to meet the following standards, All comments received before the We previously granted Honda NHTSA in the manner indicated: close of business on the closing date Temporary Exemption No. 97–1, Standard No. 101 Controls and indicated above will be considered, and expiring September 1, 1998, from the Displays: (a) substitution of a lens will be available for examination in the following requirements of 49 CFR marked ‘‘Brake’’ for a lens with a docket at the above address both before 571.122 Standard No. 122 Motorcycle noncomplying symbol on the brake and after that date. To the extent brake systems: S5.4.1 Baseline check— failure indicator lamp; (b) replacement possible, comments filed after the minimum and maximum pedal forces, of the speedometer with one calibrated closing date will also be considered. S5.4.2 Fade, S5.4.3 Fade recovery, in miles per hour. Notice of final action on the petition S5.7.2 Water recovery test, and S6.10 Standard No. 108 Lamps, Reflective will be published in the Federal Brake actuation forces (62 FR 52372, Devices and Associated Equipment: (a) Register pursuant to the authority October 7, 1997). This exemption installation of U.S.-model headlamps indicated below. covered Honda’s 1998 CBR1100XX and front sidemarker lamps; (b) motorcycle. Honda later applied for an installation of U.S.-model taillamp Authority: 49 U.S.C. 30141 (a)(1)(A) and extension of its exemption to September assemblies and rear sidemarker lights; (b)(1); 49 CFR 593.8; delegations of authority at 49 CFR 1.50 and 501.8. 1, 1999, to cover the 1999 model (c) installation of a U.S.-model high CBR1100XX motorcycle. This request mounted stop lamp on vehicles that are Issued on: August 9, 1999. was also granted (63 FR 65272, not already so equipped. Marilynne Jacobs, Standard No. 110 Tire Selection and Director, Office of Vehicle Safety November 25, 1998). Now Honda has Rims: installation of a tire information Windshield Retention, 216 Roof Crush applied for the exemption to continue placard. Resistance, 219 Windshield Zone for another year to cover the 2000 model Standard No. 111 Rearview Mirror: Intrusion, 301 Fuel System Integrity, and CBR1100XX motorcycle. The 2000 replacement of the passenger side 302 Flammability of Interior Materials. model of the CBR1100XX will be rearview mirror with a U.S.-model Compliance. mechanically identical to the 1999 model. Under Temporary Exemption component. [FR Doc. 99–20960 Filed 8–12–99; 8:45 am] No. 97–1, Honda has sold far less than Standard No. 114 Theft Protection: BILLING CODE 4910±59±P installation of a warning buzzer and a 2,500 exempted 1998 and 1999 model warning buzzer microswitch in the CBR1100XX motorcycles. steering lock assembly. DEPARTMENT OF TRANSPORTATION Honda’s original and renewed Standard No. 118 Power Window requests concern exemption ‘‘from the Systems: installation of a relay in the National Highway Traffic Safety requirement of the minimum hand-lever power window system so that the Administration force of five pounds in the base line window transport is inoperative when check for the fade and water recovery [Docket No. NHTSA 99±5698; Notice 2] the ignition is switched off. tests.’’ The company continues to Standard No. 208 Occupant Crash American Honda Motor Company, Inc.; evaluate the marketability of an Protection: (a) installation of a safety Grant of Application for Second ‘‘improved’’ motorcycle brake system belt warning buzzer, wired to the Renewal of Temporary Exemption setting which is currently applied to the driver’s seat belt latch; (b) replacement From Federal Motor Vehicle Safety model sold in Europe. The difference in of the driver’s and passenger’s side air Standard No. 122 setting is limited to a softer master bags, control units, sensors, seat belts cylinder return spring in the European and knee bolsters with U.S.-model For the reasons expressed below, we version. Using the softer spring results components on vehicles that are not are granting the application by in a ‘‘more predictable (linear) feeling already so equipped. The petitioner American Honda Motor Co., Inc., of during initial brake lever application,’’ states that the vehicles are equipped at Torrance, California (‘‘Honda’’), for a and ‘‘allows a more predictable rise in the front outboard seating positions second renewal of its temporary brake gain.’’ Honda considers that 44264 Federal Register / Vol. 64, No. 156 / Friday, August 13, 1999 / Notices motorcycle brake systems have as we did before. As we said in granting overall safety level of nonexempt continued to evolve and improve since Honda’s initial petition in 1997 (62 FR vehicles,’’ 49 U.S.C. 30113(b)(3)(B)(iv). Standard No. 122 was adopted in 1972, 52372): We published notice of receipt of the and that one area of improvement is The distinctive motorcycle brake system application on August 28, 1998, and brake lever force which has gradually setting which Honda seeks to evaluate in the provided an opportunity for comment been reduced. However, the five-pound United States is a ‘‘new motor vehicle safety (63 FR 46097). minimum specification ‘‘is preventing feature’’ that can be evaluated in the field. Paragraph S5.2.1 of Standard No. 123 further development and improvement’’ ** * Further, the level of safety provided requires that, if a motorcycle is of brake system characteristics. This should be at least equal to the level provided equipped with rear wheel brakes, those limit, when applied to the CBR1100XX by Standard No. 122 * * * Honda * * * brakes be operable through the right foot ‘‘results in an imprecise feeling when asserts that the lower force to modulate the control, though the left handlebar is a the rider applies low-level front brake brake lever would improve the rider’s control permissible brake control location for over the brake force. This improved control, lever inputs.’’ motor driven cycles (Item 11, Table 1). and thus predictability over the brake’s Aprilia would like to use the left On November 5, 1997, Honda function, would also improve the rider’s submitted a petition for rulemaking to confidence in the brakes and motorcycle. handlebar as the control for the rear amend Standard No. 122 to eliminate NHTSA concurs with Honda that new brakes of its Leonardo 150 motorcycle, the minimum brake actuation force technology that may lead to greater rider whose 150 cc engine produces more requirement. We granted Honda’s control over the brake force thus resulting in than the 5 hp maximum that separates rulemaking petition on March 16, 1999. reduced stopping distances and better crash motor driven cycles from motorcycles. Honda interprets this action as avoidance is in the public interest and The Aprilia can attain speeds up to 106 ‘‘signifying that the agency believes a consistent with efforts to improve traffic km/h (65.7 mph). The frame of the further review of the issues raised in the safety. Leonardo ‘‘has not been designed to petition appears to have merit.’’ And we conclude that a renewal should mount a right foot operated brake pedal, The CBR1100XX is equipped with allow further refinement and which is a sensitive pressure point able Honda’s Linked Braking System (LBS) development of the LBS. to apply considerable stress to the which is designed to engage both front In consideration of the foregoing, it is frame, causing failure due to fatigue and rear brakes when either the front hereby found that an exemption would ** * .’’ Aprilia ‘‘intends to begin sales brake lever or the rear brake pedal is make easier the development or field into the United States for market testing used. The LBS differs from other evaluation of a new motor vehicle safety purposes during the 1999 sales year and integrated systems in that it allows the feature providing a safety level at least would like to present a model line rider to choose which wheel gets the equal to the safety level of Standard No. including the Leonardo 150 majority of braking force, depending on 122. It is also hereby found that the motorcycle.’’ Absent an exemption, it which brake control the rider uses. renewal of the temporary exemption is would be unable to do so because the According to Honda, the overall in the public interest and consistent vehicle would not fully comply with braking performance remains with the objectives of motor vehicle Standard No. 123. It requested an unchanged from a conforming safety. Accordingly, NHTSA Temporary exemption for calendar years 1999 and motorcycle. Exempted CBR1100XX Exemption No. 97–1 is extended to, and 2000. vehicles meet ‘‘the stopping distance will expire on, September 1, 2000. Aprilia argued that the overall level of safety of the Leonardo 150 equals or requirement but at lever forces slightly (49 U.S.C. 30113; delegation of authority below the minimum.’’ exceeds that of a non-exempted motor at 49 CFR 1.50.) vehicle for the following reasons. The Honda’s Reasons Why a Temporary Issued on August 9, 1999. Leonardo 150 is equipped with an Exemption Is in the Public Interest and Ricardo Martinez, automatic transmission. As there is no Consistent With Objectives of Motor Administrator. foot operated gear change, ‘‘the Vehicle Safety [FR Doc. 99–20961 Filed 8–12–99; 8:45 am] operation and use of a motorcycle with Honda argued in 1997 that granting an BILLING CODE 4910±59±P an automatic transmission is similar to exemption would be in the public the operation and use of a bicycle.’’ interest and consistent with objectives Thus, the Leonardo 150 can be operated of traffic safety because it DEPARTMENT OF TRANSPORTATION without requiring special training or *** should improve a rider’s ability to practice. In response to NHTSA’s precisely modulate the brake force at low- National Highway Traffic Safety justification for standardization of level brake lever input forces. Improving the Administration motorcycle controls, Aprilia argued that predictability, even at very low-level brake ‘‘any driver will not hesitate when [Docket No. NHTSA 98±4357; Notice 2] lever input, increases the rider’s confidence confronted with an emergency’’ because in the motorcycle’s brake system. Aprilia, S.p.A.; Grant of Application for ‘‘the use of a left hand lever for the rear Honda repeated those arguments in Temporary Exemption From Federal brake is highly ‘intuitive’’ and easy to 1998 and 1999. It has asserted that a Motor Vehicle Safety Standard No. 123 use * * * .’’ renewal allows further refinement and Admitting that ‘‘the human foot can development of the LBS. It believes that We are granting the application by apply much more force than can the the LBS has ‘‘many desirable Aprilia S.p.A. of Noale, Italy, for a hand,’’ Aprilia believes that ‘‘with the characteristics—especially during temporary exemption from a modern hydraulically activated disc emergency braking—that could reduce requirement of S5.2.1 (Table 1) of brakes used on the Leonardo 150, more the number of rear brake locks-up Federal Motor Vehicle Safety Standard than enough brake actuation force is crashes.’’ No. 123 Motorcycle Controls and available from the hand of even the Displays. The basis of the request was smallest rider.’’ Further, ‘‘it takes much Our Findings in Support of Granting that ‘‘compliance with the standard longer for the rider’s foot to be placed Honda’s Application would prevent the manufacturer from over the pedal, and the foot force We find persuasive the same reasons selling a motor vehicle with an overall applied, than it does for the rider to supporting granting Honda’s application level of safety at least equal to the reach and squeeze the hand lever.’’ Federal Register / Vol. 64, No. 156 / Friday, August 13, 1999 / Notices 44265
Aprilia argued that ‘‘reducing this comment on our concern that a left 30113; delegation of authority at 49 CFR ‘‘latency time’’ to a minimum, hand lever-operated rear brake may 1.50). especially for inexperienced riders, has contribute to unfamiliarity and thus Issued on: August 9, 1999. obvious safety benefits.’’ Finally, the degrade a rider’s overall braking Ricardo Martinez, hand lever reduces the possibility of reaction beyond what would exist on a Administrator. loss of control because of rear wheel motorcycle with conventionally locking in an emergency braking configured controls. At the request of [FR Doc. 99–20951 Filed 8–12–99; 8:45 am] situation because of ‘‘the increased Aprilia’s U.S. sales subsidiary, Aprilia BILLING CODE 4910±59±P sensitivity to brake feedback with the U.S.A. Inc. of Woodstock, Georgia, hand lever.’’ Carter Engineering of Franklin, DEPARTMENT OF TRANSPORTATION Aprilia pointed out that European Tennessee, prepared a report on regulations allow motorcycle ‘‘Motorscooter Braking Control Study’’ Research and Special Programs manufacturers the option of choosing (Report No. CE–99–APR–05, May 1999) Administration rear brake application through either a comparing braking response times of right foot or left handlebar control, and riders using the left hand control of the [Preemption Determination No. PD±15(R); that Australia permits the optional Leonardo 150 and the right foot control Docket No. RSPA±97±2968 (PDA±17(R))] locations for motorcycles of any size of the Yamaha XC–125 Riva. We have Public Utilities Commission of Ohio with automatic transmissions. placed a copy of this report in the Requirements for Cargo Tanks An exemption would be consistent docket. Aprilia U.S.A. comments that with objectives of motor vehicle safety, ‘‘[o]verall, the test subjects’’ reaction AGENCY: Research and Special Programs Aprilia argued, because it believes that times on the Leonardo were Administration (RSPA), DOT. its disc brake system provides ‘‘better approximately 20% quicker than their ACTION: Decision on petition for resistance to fade and better reaction times on the conventional performance under wet conditions.’’ reconsideration of administrative motorcycle.’’ Aprilia believes that ‘‘a determination of preemption. The design of the vehicle ‘‘has been less complex braking arrangement like tested by long use in Europe and the rest that of the Leonardo will improve rider PETITIONERS: William E. Comley, Inc. of the world’’ without safety concerns reaction in an emergency situation.’’ We (WECCO) and TWC Transportation being raised. An exemption would be in interpret the report as indicating that a Corporation (TWC). the public interest because the Leonardo rider’s braking response is not emissions ‘‘of the small engines have STATE LAWS AFFECTED: Ohio Admin. likely to be degraded by the different Code § 4901:2–05–02. been demonstrated to be lower than placement of the brake controls, thus APPLICABLE FEDERAL REQUIREMENTS: alternative means of transportation such directly addressing and meeting our as large motorcycles or automobiles.’’ Federal hazardous material safety concern. The introduction of ‘‘this type of motor transportation law, 49 U.S.C. 5101 et vehicle will provide the American With respect to the public interest and seq., and the Hazardous Materials consumer with a broader range of choice consistency with objectives of motor Regulations (HMR), 49 CFR Parts 171– of low-cost transportation.’’ vehicle safety, the available information 180. suggests that Aprilia’s request to operate NHTSA received one comment on MODES AFFECTED: Highway. Aprilia’s application, from Peugeot the rear brake with the left hand instead SUMMARY: RSPA affirms its March 29, Motocycles of France, which supported of the right foot may not degrade the 1999 determination that there is it. rider’s braking response. By allowing insufficient evidence that the Public In order to grant Aprilia’s application, exempted vehicles to be sold on a Utilities Commission of Ohio (PUCO) NHTSA must find that an exemption is temporary basis for two years, it will be has applied or enforced requirements consistent with the public interest and possible for us to gather data on governing the transportation of motor vehicle safety (49 U.S.C. Sec. operators’ experience with this hypochlorite solutions in any different 30113(b)(3)(A)), and that compliance alternative rear brake control. This manner than provided in the HMR. with the brake control location information would allow us to make a requirement of Standard No. 123 would more informed decision about locations FOR FURTHER INFORMATION CONTACT: prevent Aprilia from selling a for motorcycle brake controls. Frazer C. Hilder, Office of the Chief motorcycle with an overall safety level In consideration of the foregoing, it is Counsel, Research and Special Programs at least equal to the safety level of a hereby found that to require compliance Administration, U.S. Department of nonexempt motorcycle (49 U.S.C. Sec. with Standard No. 123 would prevent Transportation, Washington, DC 20590– 30113(b)(3)(B)(iv)). the manufacturer from selling a motor 0001 (Tel. No. 202–366–4400). Aprilia has correctly identified vehicle with an overall level of safety at SUPPLEMENTARY INFORMATION: NHTSA’s principal area of concern: the least equal to the overall safety level of I. Background standardization of motorcycle controls. nonexempt vehicles. It is further found In adopting Standard No. 123 in April that a temporary exemption is in the WECCO and TWC applied to RSPA 1972, effective September 1, 1974, the public interest and consistent with the for an administrative determination that agency justified standardization of objectives of motor vehicle safety. Federal hazardous material motorcycle controls as a means of Accordingly, Aprilia, S.p.A. is hereby transportation law preempts an alleged minimizing operator error in responding granted NHTSA Temporary Exemption requirement of the State of Ohio, as to the motoring environment, saying No. EX99–9 from the requirement of supposedly applied and enforced by that ‘‘a cyclist, especially the novice and Item 11, Column 2, Table 1 of 49 CFR PUCO, with respect to cargo tank motor the cyclist who has changed from one 571.123 Standard No. 123, Motorcycle vehicles used to transport hypochlorite make of machine to another, must not Controls and Displays, that the rear solutions. According to these two hesitate when confronted with an wheel brakes be operable through the companies, PUCO brought enforcement emergency’’ (37 FR 7207). right foot control. This exemption cases against them based on their use of Accordingly, after the close of the applies only to the Leonardo 150 and a non-DOT specification cargo tank comment period, we asked Aprilia to will expire on July 1, 2001. 49 U.S.C. motor vehicle to transport hypochlorite 44266 Federal Register / Vol. 64, No. 156 / Friday, August 13, 1999 / Notices solutions containing more than 5% but the standards for making determinations —The right of these companies to less than 16% available chlorine. of preemption. 64 FR 14965–66. As represent themselves ‘‘pro se’’ in the WECCO and TWC have not paid the explained there, unless DOT grants a PUCO enforcement hearings; total of almost $25,000 in civil penalties waiver or there is specific authority in —The failure of a PUCO commissioner assessed by PUCO. another Federal law, a State (or other to attend the PUCO enforcement RSPA dismissed the first application non-Federal) requirement is preempted hearings; submitted by WECCO and TWC. After if: considering additional information —An alleged failure of PUCO to serve a —It is not possible to comply with both the supplied by these companies in support State requirement and a requirement in the ‘‘Notice of Apparent Violations; of their second application, on October Federal hazardous material transportation —The preponderance of the evidence in 10, 1997, RSPA published a notice in law or regulations; the PUCO enforcement hearings and the Federal Register inviting interested —The State requirement, as applied or allegations that ‘‘[t]he Department parties to comment on these companies’ enforced, is an ‘‘obstacle’’ to accomplishing tampered with evidence and records and carrying out the Federal hazardous application. 62 FR 53049. In response to while the [WECCO and TWC] trucks that notice, PUCO and the National material transportation law or regulations; were impounded’’; and Tank Truck Carriers, Inc. (NTTC) or submitted comments opposing the —The State requirement concerns a ‘‘covered —The Ohio Governor and other State subject’’ and is not ‘‘substantively the same application of WECCO and TWC. The officials ‘‘each became Party through as’’ a provision in the Federal hazardous malfeasance or misfeasance in office.’’ applicants did not submit further material transportation law or regulations. comments. Among the five covered subjects are (1) The conclusion of these parties is that In its decision in Preemption ‘‘the designation, description, and ‘‘Ohio did enforce a variance and Determination (PD) No. 15(R), published classification of hazardous material,’’ and conflicting regulations against WECCO in the Federal Register on March 29, (2) the ‘‘packing, repacking, handling, and TWC.’’ They state that it would be 1999, RSPA found that written labeling, marking, and placarding of requirements of the State of Ohio hazardous material.’’ ‘‘wrong, immoral, and illegal’’ for RSPA applicable to the transportation of to ‘‘violate law by supporting the Ohio See 49 U.S.C. 5125 (a) & (b). These Department’s lawlessness.’’ hazardous materials are consistent with preemption provisions stem from the HMR and that there is ‘‘no evidence congressional findings that State and The petition for reconsideration that PUCO applies or enforces a general local laws which vary from Federal submitted by WECCO and TWC requirement for the use of a DOT hazardous material transportation contains the same arguments as specification cargo tank motor vehicle to requirements can create ‘‘the potential previously considered by RSPA in PD– transport hypochlorite solutions with for unreasonable hazards in other 15(R). These companies still have not less than 16% available chlorine.’’ 64 jurisdictions and confounding shippers provided any information or evidence FR 14965, 14967. RSPA explained that and carriers which attempt to comply that PUCO has generally enforced WECCO and TWC could have appealed with multiple and conflicting . . . requirements concerning the an individual misinterpretation or regulatory requirements,’’ and that transportation of hazardous materials in misapplication of the HMR’s safety is advanced by ‘‘consistency in a manner inconsistent with the HMR. requirements in the PUCO enforcement laws and regulations governing the As PUCO states in its responding proceedings and stated that: transportation of hazardous materials.’’ comments, the petition for As a general matter, an inconsistent or Pub. L. 101–615 Sections 2(3) & 2(4), reconsideration ‘‘presents nothing new erroneous interpretation of a non-Federal 104 Stat. 3244. for RSPA’s consideration and, instead, regulation should be addressed in the In PD–15(R), RSPA also explained its merely attempts to once again appropriate State or local forum, because ‘‘isolated instances of improper enforcement procedures for issuing preemption improperly invite RSPA to sit as an (e.g., misinterpretation of regulations) do not determinations and the rights to file a appeals court.’’ petition for reconsideration and/or render such provisions inconsistent’’ with III. Ruling Federal hazardous material transportation judicial review. 63 FR at 67509, 67511. law. IR–31, Louisiana Statutes and Within the 20-day time period RSPA denies the petition for Regulations on Hazardous Materials provided in 49 CFR 107.211(a), WECCO reconsideration filed by WECCO and Transportation, 55 FR 25572, 25584 (June 21, and TWC filed a petition for 1990), appeal dismissed as moot, 57 FR TWC and affirms its March 29, 1999 41165 (Sept. 9, 1992), quoted in PD–4(R), reconsideration of PD–15(R). These determination that there is insufficient California Requirements Applicable to Cargo companies certified that they had evidence that PUCO has applied or Tanks Transporting Flammable and mailed a copy of their petition to PUCO enforced requirements governing the Combustible Liquids, 58 FR 48940 (Sept. 20, and NTTC, the only parties that had transportation of hypochlorite solutions 1993), decision on reconsideration, 60 FR submitted comments. PUCO submitted in any different manner than provided 8800 (Feb. 15, 1995). comments on the City’s petition for in the HMR. PD–14(R), Houston, Texas Fire Code reconsideration. Requirements on the Storage, II. Petition for Reconsideration IV. Final Agency Action Transportation, and Handling of Hazardous Materials, 63 FR 67506, In their petition for reconsideration, In accordance with 49 CFR 67510 n.4 (Dec. 7, 1998), decision on WECCO and TWC acknowledge that the 107.211(d), this decision constitutes petition for reconsideration, 64 FR State of Ohio has adopted the Federal RSPA’s final agency action on the 33949 (June 24, 1999), quoted from 64 HMR verbatim. They argue that ‘‘RSPA’s application of WECCO and TWC for a FR 14967. ruling claim of ‘nsufficiency of determination of preemption as to In Part II of its decision in PD–15(R), evidence’ is incomprehensible,’’ and requirements of the State of Ohio, as RSPA discussed the applicability of they present a lengthy list of complaints applied and enforced by PUCO, Federal hazardous material about the two enforcement proceedings concerning the transportation of transportation law to the transportation brought against them. They assert such hypochlorite solutions in cargo tank of hazardous materials in commerce and matters as motor vehicles. Federal Register / Vol. 64, No. 156 / Friday, August 13, 1999 / Notices 44267
Issued in Washington, DC on August 9, Secretary to administer the Bank Estimated Number of Respondents: 1999. Secrecy Act regulations has been 550. Alan I. Roberts, delegated to the Director of FinCEN. Estimated Number of Annual Associate Administrator for Hazardous Section 5313(a) authorizes the Responses: 140,000. Materials Safety. Secretary to issue regulations that Frequency: As required. [FR Doc. 99–21019 Filed 8–12–99; 8:45 am] require a report when ‘‘a domestic Estimate of Burden: Reporting average BILLING CODE 4910±60±P financial institution is involved in a of 19 minutes per response; transaction for the payment, receipt, or recordkeeping average of 5 minutes per transfer of United States coins or response. DEPARTMENT OF THE TREASURY currency (or other monetary instruments Estimate of Total Annual Burden on the Secretary of the Treasury Respondents: Reporting burden estimate Financial Crimes Enforcement prescribes), in an amount, = 44,333 hours; recordkeeping burden Network; Proposed Collection; denomination, or amount and estimate = 11,667 hours. Estimated Comment Request denomination, or under circumstances combined total of 56,000 hours. the Secretary prescribes.’’ Regulations Estimate of Total Annual Cost to AGENCY: Financial Crimes Enforcement implementing section 5313(a) are found Respondents for Hour Burdens: Based Network, Treasury. at 31 CFR 103.22. In general, the on $20 per hour, the total cost to the ACTION: Notice and request for regulations require the reporting of public is estimated to be $1,120,000. comments. transactions in currency in excess of $10,000 a day. Casinos as defined in 31 Estimate of Total Other Annual Costs SUMMARY: In order to comply with the U.S.C. 5312(a)(2)(X) and 31 CFR to Respondents: None. requirements of the Paperwork 103.11(n)(7)(i) are financial institutions Type of Request: Extension of a Reduction Act of 1995 concerning subject to the currency transaction currently approved information proposed extensions of information reporting requirement. Card clubs, as collection. collection requirements, the Financial defined in 31 CFR 103.11(n)(8)(i), are Request for Comments: FinCEN Crimes Enforcement Network casinos subject to currency transaction specifically invites comments on the (‘‘FinCEN’’) is soliciting comments reporting. (See 63 FR 1919, January 13, following subjects: (a) whether the concerning Internal Revenue Service 1998.) The Currency Transaction Report proposed collection of information is (‘‘IRS’’) Form 8362, Currency by Casinos, IRS Form 8362, is the form necessary for the proper performance of Transaction Report by Casinos casinos and card clubs use to comply the mission of FinCEN, including (‘‘CTRC’’), which is filed for currency with the currency transaction reporting whether the information shall have transactions involving casinos and card requirements. practical utility; (b) the accuracy of clubs under the Bank Secrecy Act Information collected on the CTRC is FinCEN’s estimate of the burden of the regulations. made available, in accordance with proposed collection of information; (c) DATES: Written comments must be strict safeguards, to appropriate criminal ways to enhance the quality, utility, and received on or before October 12, 1999. law enforcement and regulatory clarity of the information to be ADDRESSES: Direct all written comments personnel solely in the official collected; and (d) ways to minimize the to the Financial Crimes Enforcement performance of their duties. The burden of the collection of information Network, Office of Program information contained is used in on respondents, including through the Development, Attn.: CTRC Comments, investigations involving international use of automated collection techniques Suite 200, 2070 Chain Bridge Road, and domestic money laundering, tax or other forms of information Vienna, VA 22182–2536. violations, fraud, and other financial technology. In addition, the Paperwork Reduction FOR FURTHER INFORMATION CONTACT: crimes. Act of 1995 requires agencies to Requests for additional information or This notice proposes no changes to estimate the total annual cost burden to for a copy of the form should be the current text of the Form 8362 or its respondents or recordkeepers resulting directed to Leonard Senia, Senior instructions. In accordance with requirements of from the collection of information. Financial Enforcement Officer; Office of the Paperwork Reduction Act of 1995, Thus, FinCEN also specifically requests Program Development, (703) 905–3931; 44 U.S.C. 3506(c)(2)(A), and its comments to assist with this estimate. In or Stacie A. Larson, Office of Chief implementing regulations, 5 CFR 1320, this connection, FinCEN requests Counsel, (703) 905–3590. A copy of the the following information concerning commenters to identify any additional CTRC form, as well as all other forms the collection of information on Form costs associated with the completion of required by the Bank Secrecy Act, can 8362 is presented to assist those persons the form. These comments on costs be obtained through the Internet at wishing to comment on the information should be divided into two parts: (1) http://www.treas.gov/fincen/. collection. (Since the number of any additional costs associated with SUPPLEMENTARY INFORMATION: The Bank respondents has increased during 1998 reporting; and (2) any additional costs Secrecy Act (Titles I and II of Public because of the inclusion of card clubs associated with recordkeeping. Law 91–508), as amended, codified at under the Bank Secrecy Act, the Responses to this notice will be 12 U.S.C. 1829b, 12 U.S.C. 1951–1959, estimates below are based on 1998 summarized and included in the request and 31 U.S.C. 5311–5314, 5316–5330, filings.) for Office of Management and Budget authorizes the Secretary of the Treasury, Title: Currency Transaction Report by approval. All comments will become a inter alia, to issue regulations requiring Casinos. matter of public record. records and reports that are determined Form Number: IRS Form 8362. to have a high degree of usefulness in OMB Number: 1506–0005. Dated: August 6, 1999. criminal, tax, and regulatory matters. Description of Respondents: All James F. Sloan, Regulations implementing Title II of the United States casinos and card clubs Director, Financial Crimes Enforcement Bank Secrecy Act, codified at 31 U.S.C. having gross annual gaming revenues in Network. 5311–5314, 5316–5330, appear at 31 excess of $1 million, except for casinos [FR Doc. 99–20966 Filed 8–12–99; 8:45 am] CFR Part 103. The authority of the in Nevada. BILLING CODE 4820±03±P 44268
Corrections Federal Register Vol. 64, No. 156
Friday, August 13, 1999
This section of the FEDERAL REGISTER DEPARTMENT OF TRANSPORTATION DEPARTMENT OF TRANSPORTATION contains editorial corrections of previously published Presidential, Rule, Proposed Rule, Federal Aviation Administration National Highway Traffic Safety and Notice documents. These corrections are Administration prepared by the Office of the Federal 14 CFR Part 71 Register. Agency prepared corrections are issued as signed documents and appear in [Airspace Docket No. 99±ASW±17] [Docket No. NHTSA-99-6038] the appropriate document categories elsewhere in the issue. Revision of Class E Airspace; Antlers, Notice of Receipt of Petition for OK Decision that Nonconforming 1998- Correction 1999 Audi A6 Passenger Cars Are Eligible for Importation In rule document 99–20083 beginning on page 42591 in the issue of Thursday, Correction August 5, 1999, make the following correction(s): In notice document 99–20179, beginning on page 42756, in the issue of § 71.1 [Corrected] Thursday, August 5, 1999, the docket On page 42592, in § 71.1, in the line should appear as set forth above. second column, in the 5th line from the [FR Doc. C9–20179 Filed 8–12–99; 8:45 am] bottom, after ‘‘ASW OK’’ add ‘‘E5’’. BILLING CODE 1505±01±D [FR Doc. C9–20083 Filed 8–12–99; 8:45 am] BILLING CODE 1505±01±D eDt 8JN9 73 u 2 99Jt134 O000Fm001Ft41 ft41 :F\M1AN.X fm3PsN:13AUN2 pfrm03 E:\FR\FM\13AUN2.XXX Sfmt4717 Fmt4717 Frm00001 PO00000 Jkt183247 17:33Aug12, 1999 VerDate 18-JUN-99 federal register August 13,1999 Friday Assist theHomeless;Notice Federal HousingSuitableasFacilitiesTo Development Housing andUrban Department of Part II 44269 44270 Federal Register / Vol. 64, No. 156 / Friday, August 13, 1999 / Notices
DEPARTMENT OF HOUSING AND interested in any such property should 0515; DOT: Mr. Rugene Spruill, URBAN DEVELOPMENT send a written expression of interest to Principal, Space Management, SVC– HHS, addressed to Brian Rooney, 140, Department of Transportation, 400 [Docket No. FR±4432±N±32] Division of Property Management, 7th Street, SW, Room 2310, Washington, Federal Property Suitable as Facilities Program Support Center, HHS, room DC 20590; (202) 366–4246; ENERGY: To Assist the Homeless 5B–41, 5600 Fishers Lane, Rockville, Ms. Marsha Penhaker, Department of MD 20857; (301) 443–2265. (This is not Energy, Facilities Planning and AGENCY: Office of the Assistant a toll-free number.) HHS will mail to the Acquisition Branch, FM–20, Room 6H– Secretary for Community Planning and interested provider an application 058, Washington, DC 20585; (202) 586– Development, HUD. packet, which will include instructions 0426; GSA: Mr. Brian K. Polly, Assistant ACTION: Notice. for completing the application. In order Commissioner, General Services to maximize the opportunity to utilize a Administration, Office of Property SUMMARY: This Notice identifies suitable property, providers should Disposal, 18th and F Streets, NW, unutilized, underutilized, excess, and submit their written expressions of Washington, DC 20405; (202) 501–0052; surplus Federal property reviewed by interest as soon as possible. For INTERIOR: Mr. Al Barth, Property HUD for suitability for possible use to complete details concerning the Management, Department of the assist the homeless. processing of applications, the reader is Interior, 1849 C Street, NW, Mail Stop FOR FURTHER INFORMATION CONTACT: encouraged to refer to the interim rule 5512–MIB, Washington, DC 20240; (202) Clifford Taffet, room 7266, Department governing this program, 24 CFR part 208–7283; NAVY: Mr. Charles C. Cocks, of Housing and Urban Development, 581. Department of the Navy, Director, Real 451 Seventh Street SW, Washington, DC For properties listed as suitable/to be Estate Policy Division, Naval Facilities 20410; telephone (202) 708–1234; TTY excess, that property may, if Engineering Command, Washington number for the hearing- and speech- subsequently accepted as excess by Navy Yard, 1322 Patterson Ave., SE, impaired (202) 708–2565 (these GSA, be made available for use by the Suite 1000, Washington, DC 20374– numbers are not toll-free), or call the homeless in accordance with applicable 5065; (202) 685–9200; VA: Mr. Anatolij toll-free Title V information line at 1– law, subject to screening for other Kushnir, Director, Asset & Enterprise 800–927–7588. Federal use. At the appropriate time, Development Service, 181B, Department HUD will publish the property in a SUPPLEMENTARY INFORMATION: of Veterans Affairs, 811 Vermont In Notice showing it as either suitable/ accordance with 24 CFR part 581 and Avenue, NW, Room 419, Lafayette available or suitable/unavailable. Bldg., Washington, DC 20420; (202) section 501 of the Stewart B. McKinney For properties listed as suitable/ Homeless Assistance Act (42 U.S.C. 565–5941; (These are not toll-free unavailable, the landholding agency has numbers). 11411), as amended, HUD is publishing decided that the property cannot be this Notice to identify Federal buildings declared excess or made available for Dated: August 5, 1999. and other real property that HUD has use to assist the homeless, and the Fred Karnas, Jr., reviewed for suitability for use to assist property will not be available. Deputy Assistant Secretary for Economic the homeless. The properties were Properties listed as unsuitable will Development. reviewed using information provided to not be made available for any other Title V, Federal Surplus Property HUD by Federal landholding agencies purpose for 20 days from the date of this Program Federal Register Report for 8/ regarding unutilized and underutilized Notice. Homeless assistance providers 13/99 buildings and real property controlled interested in a review by HUD of the by such agencies or by GSA regarding determination of unsuitability should Suitable/Available Properties its inventory of excess or surplus call the toll free information line at 1– Buildings (by State) Federal property. This Notice is also 800–927–7588 for detailed instructions published in order to comply with the or write a letter to Mark Johnston at the California December 12, 1998 Court Order in address listed at the beginning of this Bldg. 604 National Coalition for the Homeless v. Notice. Included in the request for Point Arena Air Force Station Veterans Administration, No. 88–2503– review should be the property address Co: Mendocino CA 95468–5000 OG (D.D.C.). Landholding Agency: Air Force (including zip code), the date of Property Number: 18199010237 Properties reviewed are listed in this publication in the Federal Register, the Status: Unutilized Notice according to the following landholding agency, and the property Comment: 1232 sq. ft.; stucco-wood frame; categories: Suitable/available, suitable/ number. most recent use—housing. unavailable, suitable/to be excess, and For more information regarding Bldg. 605 unsuitable. The properties listed in the particular properties identified in this Point Arena Air Force Station three suitable categories have been Notice (i.e., acreage, floor plan, existing Co: Mendocino CA 95468–5000 reviewed by the landholding agencies, sanitary facilities, exact street address), Landholding Agency: Air Force and each agency has transmitted to providers should contact the Property Number: 18199010238 HUD: (1) Its intention to make the appropriate landholding agencies at the Status: Unutilized property available for use to assist the following addresses: AIR FORCE: Ms. Comment: 1232 sq. ft.; stucco-wood frame; homeless, (2) its intention to declare the Barbara Jenkins, Air Force Real Estate most recent use—housing. property excess to the agency’s needs, or Agency, (Area-MT), Bolling Air Force Bldg. 612 (3) a statement of the reasons that the Base, 112 Luke Avenue, Suite 104, Point Arena Air Force Station Co: Mendocino CA 95468–5000 property cannot be declared excess or Building 5683, Washington, DC 20332– Landholding Agency: Air Force made available for use as facilities to 8020; (202) 767–4184; COE: Ms. Shirley Property Number: 18199010239 assist the homeless. Middleswarth, Army Corps of Status: Unutilized Properties listed as suitable/available Engineers, Management & Disposal Comment: 1232 sq. ft.; stucco-wood frame; will be exclusively for homeless use for Division, Pulaski Building, Room 4224, most recent use—housing. a period of 60 days from the date of this 20 Massachusetts Avenue, NW, Bldg. 611 Notice. Homeless assistance providers Washington, DC 20314–1000; (202) 761– Point Arena Air Force Station
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Co: Mendocino CA 95468–5000 Comment: 1400 sq. ft. brick veneer, presence VA Northern Indiana Health Care System Landholding Agency: Air Force of asbestos/lead paint, most recent use— Marion Campus, 1700 East 38th Street Property Number: 18199010240 residential/office, off-site use only. Marion Co: Grant IN 46953– Status: Unutilized Bldg. #2 Landholding Agency: VA Comment: 1232 sq. ft.; stucco-wood frame; John Martin Reservoir Project Property Number: 97199810001 most recent use—housing. 29955 County Road Status: Underutilized Bldg. 613 Hasty Co: Bent CO 81044–9715 Comment: 16,864 sq. ft., presence of asbestos, Point Arena Air Force Station Landholding Agency: COE most recent use—psychiatric ward, Co: Mendocino CA 95468–5000 Property Number: 31199930004 National Register of Historic Places. Landholding Agency: Air Force Status: Unutilized Bldg. 10 Property Number: 18199010241 Comment: 1400 sq. ft. brick veneer, presence VA Northern Indiana Health Care System Status: Unutilized of asbestos/lead paint, most recent use— Marion Campus, 1700 East 38th Street Comment: 1232 sq. ft.; stucco-wood frame; residential/office, off-site use only. Marion Co: Grant IN 46953– most recent use—housing. Connecticut Landholding Agency: VA Bldg. 614 DG–12, DG14, DG28–DG46 Property Number: 97199810002 Point Arena Air Force Station Naval Submarine Base New London Status: Underutilized Co: Mendocino CA 95468–5000 Groton Co: New London CT 06349– Comment: 16,361 sq. ft., presence of asbestos, Landholding Agency: Air Force Landholding Agency: Navy most recent use—psychiatric ward, Property Number: 18199010242 Property Number: 77199930026 National Register of Historic Places. Status: Unutilized Status: Unutilized Bldg. 11 Comment: 1232 sq. ft.; stucco-wood frame; Comment: 19 detached garages, off-site use VA Northern Indiana Health Care System most recent use—housing. only. Marion Campus, 1700 East 38th Street Marion Co: Grant IN 46953– Bldg. 615 District of Columbia Point Arena Air Force Station Landholding Agency: VA Co: Mendocino CA 95468–5000 William A. White Bldg. Property Number: 97199810003 Landholding Agency: Air Force 2700 Martin Luther King Ave., SE Status: Underutilized Washington Co: DC 20032– Property Number: 18199010243 Comment: 16,361 sq. ft., presence of asbestos, Landholding Agency: GSA Status: Unutilized most recent use—psychiatric ward, Property Number: 54199930006 Comment: 1232 sq. ft.; stucco-wood frame; National Register of Historic Places. Status: Excess most recent use—housing. Bldg. 18 Comment: 150,952 sq. ft. on 2 acres, needs Bldg. 616 repair, presence of asbestos/lead paint, VA Northern Indiana Health Care System Point Arena Air Force Station controlled access, mental hospital campus Marion Campus, 1700 East 38th Street Co: Mendocino CA 95468–5000 GSA Number: 4–F–DC–479. Marion Co: Grant IN 46953– Landholding Agency: Air Force Landholding Agency: VA Idaho Property Number: 18199010244 Property Number: 97199810004 Status: Unutilized Bldg. 516 Status: Underutilized Comment: 1232 sq. ft.; stucco-wood frame; Mountain Home Air Force Base Comment: 13,802 sq. ft., presence of asbestos, most recent use—housing. Mountain Home Co: Elmore ID 86348– most recent use—psychiatric ward, Landholding Agency: Air Force Bldg. 617 National Register of Historic Places. Property Number: 18199520004 Point Arena Air Force Station Bldg. 25 Status: Excess Co: Mendocino CA 95468–5000 VA Northern Indiana Health Care System Comment: 4928 sq. ft., 1 story wood frame, Landholding Agency: Air Force Marion Campus, 1700 East 38th Street presence of lead paint and asbestos, most Marion Co: Grant IN 46953– Property Number: 18199010245 recent use—offices. Status: Unutilized Landholding Agency: VA Comment: 1232 sq. ft.; stucco-wood frame; Bldg. 2201 Property Number: 97199810005 most recent use—housing. Mountain Home Air Force Base Status: Unutilized Mountain Home Co: Elmore ID 83648– Comment: 32,892 sq. ft., presence of asbestos, Bldg. 618 Landholding Agency: Air Force Point Arena Force Station most recent use—psychiatric ward, Property Number: 18199520005 National Register of Historic Places Co: Mendorino CA 95468–5000 Status: Underutilized Landholding Agency: Air Force Comment: 6804 sq. ft., 1 story wood frame, Iowa Property Number: 18199010246 most recent us—temporary garage for base Tract 141 Status: Unutilized fire dept. vehicles, presence of lead paint Melos, Stanley, Camp Dodge Comment: 1232 sq. ft.; stucco-wood frame; and asbestos shingles. Johnston Co: Polk IA 50131– most recent use—housing; needs rehab. Indiana Landholding Agency: COE 3 Bachelor Enlisted Quarters Property Number: 31199610005 U.S. Coast Guard Station Bldg. 105, VAMC Status: Excess Humboldt Bay East 38th Street Comment: 1104 sq. ft., most recent use— Samoa CA 95564–9999 Marion Co: Grant IN 46952– storage, needs rehab, possible asbestos, off- Landholding Agency: DOT Landholding Agency: VA site use only. Property Number: 87199810001 Property Number: 97199230006 Status: Excess Kentucky Status: Unutilized # Comment: 2550 sq. ft. each, 2-story, wood, Comment: 310 sq. ft., 1 story stone structure, Green River Lock & Dam 3 no sanitary or heating facilities, Natl most recent use—residential, needs rehab, Rochester Co: Butler KY 42273– Register of Historic Places. off-site use only. Location: SR 70 west from Morgantown, KY., Bldg. 140, VAMC approximately 7 miles to site. Colorado East 38th Street Landholding Agency: COE Bldg. #1 Marion Co: Grant IN 46952– Property Number: 31199010022 John Martin Reservoir Project Landholding Agency: VA Status: Unutilized 29955 County Road Property Number: 97199230007 Comment: 980 sq. ft.; 2 story wood frame; Hasty Co: Bent CO 81044–9715 Status: Excess two story residence; potential utilities; Landholding Agency: COE Comment: 60 sq. ft., concrete block bldg., needs major rehab. Property Number: 31199930003 most recent use—trash house. Kentucky River Lock and Dam 3 Status: Unutilized Bldg. 7 Pleasureville Co: Henry KY 40057–
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Location: SR 421 North from Frankfort, KY., Comment: 1260 sq. ft. w/attached garage, Property Number: 18199910015 to highway 561, right on 561 most recent use—residence, off-site use Status: Unutilized approximately 3 miles to site. only. Comment: 2790 sq. ft., presence of lead, most Landholding Agency: COE Proj. Residence #2 recent use—residential, off-site use only. Property Number: 31199010060 Stockton Lake 6 Bldgs., Type D Status: Unutilized Stockton Co: Cedar MO 65785– Kirtland AFB Comment: 897 sq. ft.; 2 story wood frame; Landholding Agency: COE Duplex Houses structural deficiencies. Property Number: 31199840002 Kirtland AFB Co: Bernalillo NM 87117–5000 Bldg. 1 Status: Excess Location: #2165, 2163, 2144, 2131, 2106, Kentucky River Lock and Dam Comment: 1260 sq. ft. w/attached garage, 2105 Carrolton Co: Carroll KY 41008– most recent use—residence, off-site use Landholding Agency: Air Force Location: Take I–71 to Carrolton, KY exit, go only. Property Number: 18199910016 east on SR #227 to Highway 320, then left Status: Unutilized Montana for about 1.5 miles to site. Comment: 2936 sq. ft., presence of lead, most Landholding Agency: COE Bldg. 112 recent use—residential, off-site use only. Property Number: 31199011628 Forsyth Training Site 9 Bldg., Type E Status: Unutilized Co: Rosebud MT Kirtland AFB Comment: 1539 sq. ft.; 2 story wood frame Landholding Agency: Air Force Single Units house; subject to periodic flooding; needs Property Number: 18199610002 Kirtland AFB Co: Bernalillo NM 87117— rehab. Status: Unutilized 5000 Bldg. 2 Comment: 586 sq. ft., recent use—cold Location: #2153, 2151, 2134, 2141, 2133, Kentucky River Lock and Dam storage. 2119, 2112, 2111, 2101 Carrolton Co: Carroll KY 41008– Nebraska Landholding Agency: Air Force Location: Take I–71 to Carrolton, KY exit, go Property Number: 18199910017 # Bldg. 20 east on SR 227 to Highway 320, then left Offutt Communications Annex 4 Status: Unutilized for about 1.5 miles to site. Silver Creek Co: Nance NE 68663– Comment: 1482 sq. ft., presence of lead, most Landholding Agency: COE Landholding Agency: Air Force recent use—residential, off-site use only. Property Number: 31199011629 Property Number: 18199610004 Quarters 1 Status: Unutilized Status: Unutilized Cochiti Lake Project Comment: 1530 sq. ft.; 2 story wood frame Comment: 4714 sq. ft., most recent use— Pena Blanca Co: Sandoval NM 87041– house; subject to periodic flooding; needs dormitory needs major repair. Landholding Agency: COE rehab. Property Number: 31199930005 Utility Bldg, Nolin River Lake New Jersey Status: Unutilized Moutardier Recreation Site Naval Reserve Center Comment: 1400 sq. ft., presence of asbestos/ Co: Edmonson KY 53 Hackensack Ave. lead paint, most recent use—storage, off- Landholding Agency: COE Kearny Co: Hudson NJ 07302– site use only. Property Number: 31199320002 Landholding Agency: Navy Qtrs No. 2 Status: Unutilized Property Number: 77199930038 Cochiti Lakes Project Comment: 541 sq. ft., concrete block, off-site Status: Excess Pena Blanca Co: Sandoval NM 87041– use only. Comment: 12,180 sq. ft., minor repairs Landholding Agency: COE Bldg. needed on 2.63 acres, most recent use— Property Number: 31199930006 Rough River Lake Project office. Status: Unutilized Comment: 1400 sq. ft., presence of asbestos/ Louisville Co: Breckenridge KY 40232– New Mexico Landholding Agency: COE lead, most recent use—storage, off-site use Property Number: 31199920001 16 Bldgs., Type A only. Status: Excess Kirtland AFB Qtrs. No. 3 Comment: 469 sq. ft., concrete block, most Duplex Houses Cochiti Lake Project recent use—water treatment, off-site use Kirtland AFB Co: Bernalillo NM 87117–5000 Pena Blanca Co: Sandoval NM 87041– only. Location: 2160–2162, 2157, 2155, 2148, 2139, Landholding Agency: COE 2137, 2130, 2129, 2117, 2113, 2109, 2107, Missouri Property Number: 31199930007 2102, 2100 Status: Unutilized Riverlands Ofc. Bldg. Landholding Agency: Air Force Comment: 1400 sq. ft., presence of asbestos/ Melvin Price Locks & Dam Property Number: 18199910013 lead paint, most recent use—storage, off- Access Road Status: Unutilized site use only. West Alton Co: St. Charles MO 63386– Comment: 2733 sq. ft., presence of lead, most Landholding Agency: COE recent use—residential, off-site use only. New York Property Number: 31199730001 12 Bldgs., Type B Bldgs. 1106 & 184 acres Status: Excess Kirtland AFB Forestport Test Annex Comment: 5000 sq. ft., steel, most recent Duplex Houses Forestport Co: Oneida NY 13338– use—office, flood damaged, off-site use Kirtland AFB Co: Bernalillo NM 87117–5000 Landholding Agency: Air Force only. Location #2158, 2149, 2147, 2136, 2132, Property Number: 18199920028 Project Residence 2125–2128, 2121, 2115, 2103 Status: Unutilized Long Branch Lake Landholding Agency: Air Force Comment: 11,760 sq. ft. on 184 acres, most 30186 Visitor Center Road Property Number: 18199910014 recent use—research lab, presence of Macon MO 63552– Status: Unutilized asbestos/lead paint/endangered species. Landholding Agency: COE Comment: 2735 sq. ft., presence of lead, most Bldg. 1105 Property Number: 31199830001 recent use—residential, off-site use only. Forestport Test Annex Status: Excess 15 Bldgs., Type C Forestport Co: Oneida NY 13338– Comment: 1440 sq. ft., off-site use only. Kirtland AFB Landholding Agency: Air Force Proj. Residence #1 Duplex Houses Property Number: 18199920029 Stockton Lake Kirtland AFB Co: Bernalillo NM 87117–5000 Status: Unutilized Stockton Co: Cedar MO 65785– Location: #2164, 2159, 2156, 2150, 2142, Comment: 1920 sq. ft., most recent use—cold Landholding Agency: COE 2143, 2140, 2135, 2122–2124, 2120, 2110, rsch. equip. storage, presence of asbestos Property Number: 31199840001 2108, 2104 lead paint. Status: Excess Landholding Agency: Air Force Bldg. 1452 & 297 acres
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AVA Test Annex Pennsylvania Comment: 1996 sq. ft., most recent use— Town of Ava Co: Oneida NY 13303– Mahoning Creek Reservoir residential, good condition, off-site use Landholding Agency: Air Force New Bethlehem Co: Armstrong PA 16242– only. Property Number: 18199920030 Landholding Agency: COE Dwelling #2 Status: Unutilized Property Number: 31199210008 Loyalhanna Lake Comment: 11,000 sq. ft. on 297 acres (67 Status: Unutilized Saltsburg Co: Westmoreland PA 15681–9302 acres of wetland), most recent use— Comment: 1015 sq. ft., 2 story brick Landholding Agency: COE electronic research testing, presence of residence, off-site use only. Property Number: 31199740007 asbestos/lead paint. Dwelling Status: Excess Bldg. 1453 Lock & Dam 6, Allegheny Comment: 1996 sq. ft., most recent use— AVA Test Annex River, 1260 River Rd residential, good condition, off-site use Town of Ava Co: Oneida NY 13303– Freeport Co: Armstrong PA 16229–2023 only. Landholding Agency: Air Force Landholding Agency: COE Dwelling #1 Property Number: 18199920031 Property Number: 311996210008 Woodcock Creek Lake Status: Unutilized Status: Unutilized Saegertown Co: Crawford PA 16433–0629 Comment: 266 sq. ft., most recent use— Comment: 2652 sq. ft., 3-story brick house, in Landholding Agency: COE generator bldg., presence of asbestos. close proximity to Lock and Dam, available Property Number: 31199740008 Bldg. 1454 for interim use for nonresidential purposes. Status: Excess AVA Test Annex Govt. Dwelling Comment: 2106 sq. ft., most recent use— Town of Ava Co: Oneida NY 13303– Youghiogheny River Lake residential, good condition, off-site use Landholding Agency: Air Force Confluence Co: Fayette PA 15424–9103 only. Property Number: 18199920032 Landholding Agency: COE Dwelling #2 Status: Unutilized Property Number: 31199640002 Lock & Dam 6, 1260 River Road Comment: 53 sq. ft., most recent use—switch Status: Unutilized Freeport Co: Armstrong PA 16229–2023 station, presence of asbestos. Comment: 1421 sq. ft., 2-story brick w/ Landholding Agency: COE North Dakota basement, most recent use—residential. Property Number: 31199740009 Mobile Home Dwelling Status: Excess Tract V1999, Little Knife Lock & Dam 4, Allegheny River Comment: 2652 sq. ft., most recent use— Cabin Site Natrona Co: Allegheny PA 15065–2609 residential, good condition, off-site use Lake Sakakawea Co: Mountrail ND 00000– Landholding Agency: COE only. Landholding Agency: COE Property Number: 31199710009 Dwelling #2 Property Number: 31199930002 Status: Unutilized Youghiogheny River Lake Status: Excess Comment: 1664 sq. ft., 2-story brick Confluence Co: Fayette PA 15424–9103 Comment: 1040 sq. ft. double-wide mobile residence, needs repair, off-site use only. Landholding Agency: COE home, needs repairs, off-site use only. Dwelling #1 Property Number: 31199830003 Crooked Creek Lake Ohio Status: Excess Ford City Co: Armstrong PA 16226–8815 Comment: 1421 sq. ft., 2-story + basement, Barker Historic House Landholding Agency: COE most recent use—residential. Willow Island Locks and Dam Property Number: 31199740002 Bldg. 25—VA Medical Center Newport Co: Washington OH 45768–9801 Status: Excess Location: Located at Lock site, downstream Delafield Road Comment: 2030 sq. ft., most recent use— Pittsburgh Co: Allegheny PA 15215– of lock and dam structure residential, good condition, off-site use Landholding Agency: COE Landholding Agency: VA only. Property Number: 97199210001 Property Number: 31199120018 Dwelling #12 Status: Unutilized Status: Unutilized 1 Crooked Creek Lake Comment: 133 sq. ft., one story brick guard Comment: 1600 sq. ft. bldg. with ⁄2 acre of Ford City Co: Armstrong PA 16226–8815 land, 2 story brick frame, needs rehab, on house, needs rehab. Landholding Agency: COE Bldg. 3, VAMC Natl Register of Historic Places, no utilities, Property Number: 31199740003 off-site use only. 1700 South Lincoln Avenue Status: Excess Lebanon Co: Lebanon PA 17042– Dwelling No. 2 Comment: 3045 sq. ft., most recent use— Delaware Lake, Highway 23 Landholding Agency: VA residential, good condition, off-site use Property Number: 97199230012 North only. Delaware OH 43015– Status: Underutilized Dwelling #13 Comment: portion of bldg. (3850 and 4360 sq. Landholding Agency: COE Crooked Creek Lake Property Number: 31199810005 ft.), most recent use—storage, second Ford City Co: Armstrong PA 16226–8815 floor—lacks elevator access. Status: Excess Landholding Agency: COE South Dakota Comment: 2-story brick w/basement, most Property Number: 31199740004 recent use—residential, presence of Status: Excess West Communications Annex asbestos/lead paint, of-site use only. Comment: 1847 sq. ft., most recent use— Ellsworth Air Force Base Oklahoma office, good condition, off-site use only. Ellsworth AFB Co: Meade SD 57706– Water Treatment Plant Govt Dwelling Landholding Agency: Air Force Belle Starr, Eufaula Lake East Branch Lake Property Number: 18199340051 Eufaula Co: McIntosh OK 74432– Wilcox Co: Elk PA 15870–9709 Status: Unutilized Landholding Agency: COE Landholding Agency: COE Comment: 2 bldgs. on 2.37 acres, remote area, Property Number: 31199630001 Property Number: 31199740005 lacks infrastructure, road hazardous during Status: Excess Status: Underutilized winter storms, most recent use—industrial Comment: 16′×16′, metal, off-site use only. Comment: approx. 5299 sq. ft., 1-story, most storage. Water Treatment Plant recent use—residence, off-site use only. Tennessee Gentry Creek, Eufaula Lake Dwelling #1 Cheatham Lock & Dam Eufaula Co: McIntosh OK 74432– Loyalhanna Lake Tract D, Lock Road Landholding Agency: COE Saltsburg Co: Westmoreland PA 15681–9302 Nashville Co: Davidson TN 37207– Property Number: 31199630002 Landholding Agency: COE Landholding Agency: COE Status: Excess Property Number: 31199740006 Property Number: 31199520003 Comment: 12′×16′, metal, off-site use only. Status: Excess Status: Unutilized
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Comment: 1100 sq. ft. w/storage bldgs on 7 Kaukauna Co: Outagamie WI 54131– Section 12 acres, needs major rehab, contamination Landholding Agency: COE Arkadelphia Co: Clark AR 71923–9361 issues, 1 acre in fldwy, off-site use only Property Number: 31199011527 Landholding Agency: COE modif. to struct. subj. to approval of St. Status: Unutilized Property Number: 31199010071 Hist. Presv. Ofc. Comment: 1290 sq. ft.; 2 story wood frame Status: Unutilized Utah residence; needs rehab; secured area with Comment: 77.6 acres. alternate access. Salt Lake City Admin. Bldg. Parcel 02 1745 W 1700 S Former Lockmaster’s Dwelling DeGray Lake Salt Lake City Co: UT 84104– Appleton 1st Lock Section 13 Landholding Agency: GSA 905 South Oneida Street Arkadelphia Co: Clark AR 71923–9361 Property Number: 54199930005 Appleton Co: Outagamie WI 54911– Landholding Agency: COE Status: Surplus Landholding Agency: COE Property Number: 31199010072 Comment: 36,060 sq. ft., 2-story concrete/ Property Number: 31199011531 Status: Unutilized brick, needs repair, presence of asbestos, Status: Unutilized Comment: 198.5 acres. most recent use—office/storage. Comment: 1300 sq. ft.; potential utilities; 2 Parcel 03 GSA Number: 7–G–UT–429 story wood frame residence; needs rehab; DeGray Lake secured area with alternate access. Section 18 Virginia Former Lockmaster’s Dwelling Arkadelphia Co: Clark AR 71923–9361 Peters Ridge Site Rapid Croche Lock Landholding Agency: COE Gathright Dam Lock Road Property Number: 31199010073 Covington VA Wrightstown Co: Outagamie WI 54180– Status: Unutilized Landholding Agency: COE Location: 3 miles southwest of intersection Comment: 50.46 acres. Property Number: 31199430013 State Highway 96 and Canal Road. Parcel 04 Status: Excess Landholding Agency: COE DeGray Lake Comment: 64 sq. ft., metal bldg. Property Number: 31199011533 Section 24, 25, 30 and 31 Metal Bldg. Status: Unutilized Arkadelphia Co: Clark AR 71923–9361 John H. Kerr Dam & Reservoir Comment: 1952 sq. ft.; 2 story wood frame Landholding Agency: COE Co: Boydton VA residence; potential utilities; needs rehab. Property Number: 31199010074 Landholding Agency: COE Former Lockmaster’s Dwelling Status: Unutilized Property Number: 31199620009 Little KauKauna Lock Comment: 236.37 acres. Status: Excess Little KauKauna Parcel 05 Comment: 800 sq. ft., most recent use— Lawrence Co: Brown WI 54130– DeGray Lake storage, off-site use only. Location: 2 miles southeasterly from Section 16 West Virginia intersection of Lost Dauphin Road (County Arkadelphia Co: Clark AR 71923–9361 Dwelling 1 Trunk Highway ‘‘D’’) and River Street. Landholding Agency: COE Summersville Lake Landholding Agency: COE Property Number: 31199010075 Summersville Co: Nicholas WV 26651–9802 Property Number: 31199011535 Status: Unutilized Landholding Agency: COE Status: Unutilized Comment: 187.30 acres. Comment: 1224 sq. ft.; 2 story brick/wood Property Number: 31199810003 Parcel 06 frame residence; needs rehab. Status: Excess DeGray Lake Comment: 1200 sq. ft., presence of asbestos/ Former Lockmaster’s Dwelling Section 13 lead paint, most recent use—residential, Little Chute, 2nd Lock Arkadelphia Co: Clark AR 71923–9361 off-site use only. 214 Mill Street Landholding Agency: COE Dwelling 2 Little Chute Co: Outagamie WI 54140– Property Number: 31199010076 Sutton Lake Landholding Agency: COE Status: Unutilized Sutton Co: Braxton WV 26651–9802 Property Number: 31199011536 Comment: 13.0 acres. Status: Unutilized Landholding Agency: COE Parcel 07 Comment: 1224 sq. ft.; 2 story brick/wood Property Number: 31199810004 DeGray Lake frame residence; potential utilities; needs Status: Excess Section 34 rehab; secured area with alternate access. Comment: 1100 sq. ft., most recent use— Arkadelphia Co: Hot Springs AR 71923–9361 residential, off-site use only. Bldg. 8 Landholding Agency: COE Wisconsin VA Medical Center Property Number: 31199010077 County Highway E Former Lockmaster’s Dwelling Status: Unutilized Tomah Co: Monroe WI 54660– Comment: 0.27 acres. Cedar Locks Landholding Agency: VA Parcel 08 4527 East Wisconsin Road Property Number: 97199010056 DeGray Lake Appleton Co: Outagamie WI 54911– Status: Underutilized Section 13 Landholding Agency: COE Comment: 2200 sq. ft., 2 story wood frame, Arkadelphia Co: Clark AR 71923–9361 Property Number: 31199011524 possible asbestos, potential utilities, Landholding Agency: COE Status: Unutilized structural deficiencies, needs rehab. Comment: 1224 sq. ft.; 2 story brick/wood Property Number: 31199010078 frame residence; needs rehab; secured area Land (by State) Status: Unutilized with alternate access. Alabama Comment: 14.6 acres. Former Lockmaster’s Dwelling Parcel 09 VA Medical Center Appleton 4th Lock DeGray Lake VAMC 905 South Lowe Street Section 12 Tuskegee Co: Macon AL 36083– Appleton Co: Outagamie WI 54911– Arkadelphia Co: Hot Spring AR 71923–9361 Landholding Agency: VA Landholding Agency: COE Landholding Agency: COE Property Number: 97199010053 Property Number: 31199011525 Property Number: 31199010079 Status: Underutilized Status: Unutilized Status: Unutilized Comment: 40 acres, buffer to VA Medical Comment: 908 sq. ft.; 2 story wood frame Comment: 6.60 acres. Center, potential utilities, undeveloped. residence; needs rehab. Parcel 10 Former Lockmaster’s Dwelling Arkansas DeGray Lake Kaukauna 1st Lock Parcel 01 Section 12 301 Canal Street DeGray Lake Arkadelphia Co: Hot Spring AR 71923–9361
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Landholding Agency: COE Landholding Agency: COE Comment: 2.02 acres; steep and wooded; no Property Number: 31199010080 Property Number: 31199010027 utilities. Status: Unutilized Status: Excess Tract 4817 Comment: 4.5 acres. Comment: 3.59 acres; rolling and wooded; no Barkley Lake, Kentucky and Parcel 11 utilities. Tennessee DeGray Lake Tract 2800 Canton Co: Trigg KY 42212– Section 19 Barkley Lake, Kentucky and Location: 61⁄2 miles south of Canton, KY. Arkadelphia Co: Hot Spring AR 71923–9361 Tennessee Landholding Agency: COE Landholding Agency: COE Cadiz Co: Trigg KY 42211– Property Number: 31199010036 Property Number: 31199010081 Location: 41⁄2 miles in a southeasterly Status: Excess Status: Unutilized direction from the village of Rockcastle. Comment: 1.75 acres; wooded. Comment: 19.50 acres. Landholding Agency: COE Tract 1217 Lake Greeson Property Number: 31199010028 Barkley Lake, Kentucky and Section 7, 8 and 18 Status: Excess Tennessee Murfreesboro Co: Pike AR 71958–9720 Comment: 5.44 acres; steep and wooded. Eddyville Co: Lyon KY 42030– Landholding Agency: COE Location: On the north side of the Illinois Tract 2915 Property Number: 31199010083 Central Railroad. Barkley Lake, Kentucky and Status: Unutilized Landholding Agency: COE Comment: 46 acres. Tennessee Property Number: 31199010042 Cadiz Co: Trigg KY 42211– Status: Excess California 1 2 Location: 6 ⁄ miles west of Cadiz. Comment: 5.80 acres; steep and wooded. Land Landholding Agency: COE Property Number: 31199010029 Tract 1906 4150 Clement Street Barkley Lake, Kentucky and San Francisco Co: San Francisco CA 94121– Status: Excess Comment: 5.76 acres; steep and wooded; no Tennessee Landholding Agency: VA Eddyville Co. Lyon KY 42030– utilities. Property Number: 97199240001 Location: Approximately 4 miles east of Status: Underutilized Tract 2702 Eddyville, KY. Comment: 4 acres; landslide area. Barkley Lake, Kentucky and Landholding Agency: COE Iowa Tennessee Property Number: 31199010044 Cadiz Co: Trigg KY 42211– Status: Excess 40.66 acres Location: 1 mile in a southerly direction from VA Medical Center Comment: 25.86 acres; rolling steep and the village of Rockcastle. partially wooded; no utilities. 1515 West Pleasant St. Landholding Agency: COE Tract 1907 Knoxville Co: Marion IA 50138– Property Number: 31199010031 Landholding Agency: VA Barkley Lake, Kentucky and Status: Excess Property Number: 97199640002 Tennessee Comment: 4.90 acres; wooded; no utilities. Status: Unutilized Eddyville Co: Lyon KY 42038– Comment: golf course, easement Tract 4318 Location: On the waters of Pilfen Creek, 4 requirements. Barkley Lake, Kentucky and miles east of Eddyville, KY Tennessee Kansas Landholding Agency: COE Canton Co: Trigg KY 42212– Property Number: 31199010045 Parcel 1 Location: Trigg Co. adjoining the city of Status: Excess El Dorado Lake Canton, KY. on the waters of Hopson Comment: 8.71 acres; rolling steep and Section 13, 24, and 18 Creek. wooded; no utilities. (See County) Co: Butler KS Landholding Agency: COE Tract 2001 #1 Landholding Agency: COE Property Number: 31199010032 Barkley Lake, Kentucky and Property Number: 31199010064 Status: Excess Tennessee Status: Unutilized Comment: 8.24 acres; steep and wooded. Eddyville Co: Lyon KY 42030– Comment: 61 acres; most recent use— Tract 4502 Location: Approximately 41⁄2 miles east of recreation. Barkley Lake, Kentucky and Eddyville, KY. Kentucky Tennessee Landholding Agency: COE Tract 2625 Canton Co: Trigg KY 42212– Property Number: 31199010046 Barkley Lake, Kentucky, and Location: 31⁄2 miles in a southerly direction Status: Excess Tennessee from Canton, KY. Comment: 47.42 acres; steep and wooded; no Cadiz Co: Trigg KY 42211– Landholding Agency: COE utilities. Location: Adjoining the village of Rockcastle. Property Number: 31199010033 Tract 2001 #2 Landholding Agency: COE Status: Excess Barkley Lake, Kentucky and Tennessee Property Number: 31199010025 Comment: 4.26 acres; steep and wooded. Eddyville Co: Lyon KY 42030– Status: Excess Tract 4611 Location: Approximately 41⁄2 miles east of Comment: 2.57 acres; rolling and wooded. Barkley Lake, Kentucky and Eddyville, KY Tract 2709–10 and 2710–2 Tennessee Landholding Agency: COE Barkley Lake, Kentucky and Canton Co: Trigg KY 42212– Property Number: 31199010047 Tennessee Location: 5 miles south of Canton, KY. Status: Excess Cadiz Co: Trigg KY 42211– Landholding Agency: COE Comment: 8.64 acres; steep and wooded; no Location: 21⁄2 miles in a southerly direction Property Number: 31199010034 utilities. from the village of Rockcastle. Status: Excess Tract 2005 Landholding Agency: COE Comment: 10.51 acres; steep and wooded; no Barkley Lake, Kentucky and Tennessee Property Number: 31199010026 utilities. Eddyville Co: Lyon KY 42030– Status: Excess Tract 4619 Location: Approximately 51⁄2 miles east of Comment: 2.00 acres; steep and wooded. Barkley Lake, Kentucky and Eddyville, KY Tract 2708–1 and 2709–1 Tennessee Landholding Agency: COE Barkley Lake, Kentucky and Canton Co: Trigg KY 42212– Property Number: 31199010048 Tennessee Location: 41⁄2 miles south from Canton, KY. Status: Excess Cadiz Co: Trigg KY 42211– Landholding Agency: COE Comment: 4.62 acres; steep and wooded; no Location: 21⁄2 miles in a southerly direction Property Number: 31199010035 utilities. from the village of Rockcastle. Status: Excess Tract 2307
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Barkley Lake, Kentucky and Tennessee Comment: 97.66 acres; steep rolling and Landholding Agency: COE Eddyville Co: Lyon KY 42030– wooded; no utilities. Property Number: 31199011625 Location: Approximately 71⁄2 miles Tract 500–2 Status: Excess southeasterly of Eddyville, KY Barkley Lake, Kentucky and Tennessee Comment: 2.44 acres; steep and wooded; Landholding Agency: COE Kuttawa Co: Lyon KY 42055– subject to utility easements. Property Number: 31199010049 Location: Situated on the waters of Poplar Tract 215–B Status: Excess Creek, approximately 1 mile southwest of Barkley Lake, Kentucky and Tennessee Comment: 11.43 acres; steep; rolling and Kuttawa, KY Grand Rivers Co: Lyon Ky 42045– wooded; no utilities. Landholding Agency: COE Location: 5 miles southwest of Kuttawa Tract 2403 Property Number: 31199010057 Landholding Agency: COE Barkley Lake, Kentucky and Tennessee Status: Excess Property Number: 31199011626 Eddyville Co: Lyon KY 42030– Comment: 3.58 acres; hillside ridgeland and Status: Excess Location: Approximately 7 miles wooded; no utilities. Comment: 1.00 acres; wooded; subject to southeasterly of Eddyville, KY Tracts 5203 and 5204 utility easements. Landholding Agency: COE Barkley Lake, Kentucky and Tennessee Tract 233 Property Number: 31199010050 Linton Co: Trigg KY 42212– Barkley Lake, Kentucky and Tennessee Status: Excess Location: Village of Linton, KY state highway Grand Rivers Co: Lyon Ky 42045– Comment: 1.56 acres; steep and wooded; no 1254 Location: 5 miles southwest of Kuttawa utilities. Landholding Agency: COE Landholding Agency: COE Tract 2504 Property Number: 31199010058 Property Number: 31199011627 Barkley Lake, Kentucky and Tennessee Status: Excess Status: Excess Eddyville Co: Lyon KY 42030– Comment: 0.93 acres; rolling, partially Comment: 1.00 acres; wooded; subject to Location: Approximately 9 miles wooded; no utilities. utility easements. southeasterly of Eddyville, KY Tract 5240 Tract B—Markland Locks & Dam Landholding Agency: COE Barkley Lake, Kentucky and Tennessee Hwy 42, 3.5 miles downstream of Warsaw Property Number: 31199010051 Linton Co: Trigg KY 42212– Warsaw Co: Gallatin KY 41095– Status: Excess Location: 1 mile northwest of Linton, KY Landholding Agency: COE Comment: 24.46 acres; steep and wooded; no Landholding Agency: COE Property Number: 31199130002 utilities. Property Number: 31199010059 Status: Unutilized Tract 214 Status: Excess Comment: 10 acres, most recent use— Barkley Lake, Kentucky and Tennessee Comment: 2.26 acres; steep and wooded; no recreational, possible periodic flooding. Grand Rivers Co: Lyon KY 42045– utilities. Tract A—Markland Locks & Dam Location: South of the Illinois Central Tract 4628 Hwy 42, 3.5 miles downstream of Warsaw Railroad, 1 mile east of the Cumberland Barkley Lake, Kentucky and Tennessee Warsaw Co: Gallatin KY 41095– River Canton Co: Trigg KY 42212– Landholding Agency: COE Landholding Agency: COE Location: 41⁄2 miles south from Canton, KY Property Number: 31199130003 Property Number: 31199010052 Landholding Agency: COE Status: Unutilized Status: Excess Property Number: 31199011621 Comment: 8 acres, most recent use— Comment: 5.5 acres; wooded; no utilities. Status: Excess recreational, possible periodic flooding. Tract 215 Comment: 3.71 acres; steep and wooded; Tract C—Markland Locks & Dam Barkley Lake, Kentucky and Tennessee subject to utility easements. Hwy 42, 3.5 miles downstream of Warsaw Grand Rivers Co: Lyon KY 42045– Tract 4619–B Warsaw Co: Gallatin KY 41095– Location: 5 miles southwest of Kuttawa Barkley Lake, Kentucky and Tennessee Landholding Agency: COE Landholding Agency: COE Canton Co: Trigg KY 42212– Property Number: 31199130005 Property Number: 31199010053 Location: 41⁄2 miles south from Canton, KY Status: Unutilized Status: Excess Landholding Agency: COE Comment: 4 acres, most recent use— Comment: 1.40 acres; wooded; no utilities. Property Number: 31199011622 recreational, possible periodic flooding. Tract 241 Status: Excess Tract N–819 Barkley Lake, Kentucky and Tennessee Comment: 1.73 acres; steep and wooded; Dale Hollow Lake & Dam Project Grand Rivers Co: Lyon KY 42045– subject to utility easements. Illwill Creek, Hwy 90 Location: Old Henson Ferry Road, 6 miles Tract 2403–B Hobart Co: Clinton KY 42601– west of Kuttawa, KY Barkley Lake, Kentucky and Tennessee Landholding Agency: COE Landholding Agency: COE Eddyville Co: Lyon KY 42038– Property Number: 31199140009 Property Number: 31199010054 Location: 7 miles southeasterly from Status: Underutilized Status: Excess Eddyville, KY Comment: 91 acres, most recent use— Comment: 1.26 acres; steep and wooded; no Landholding Agency: COE hunting, subject to existing easements. utilities. Property Number: 31199011623 Portion of Lock & Dam No. 1 Tracts 306, 311, 315 and 325 Status: Unutilized Kentucky River Barkley Lake, Kentucky and Tennessee Comment: 0.70 acres, wooded; subject to Carrolton Co: Carroll KY 41008–0305 Grand Rivers Co: Lyon KY 42045– utility easements. Landholding Agency: COE Location: 2.5 miles southwest of Kuttawa, Tract 241–B Property Number: 31199320003 KY, on the waters of Cypress Creek Barkley Lake, Kentucky and Tennessee Status: Unutilized Landholding Agency: COE Grand Rivers Co: Lyon KY 42045– Comment: approx. 3.5 acres (sloping), access Property Number: 31199010055 Location: South of Old Henson Ferry Road, monitored. Status: Excess 6 miles west of Kuttawa, KY Portion of Lock & Dam No. 2 Comment: 38.77 acres; steep and wooded; no Landholding Agency: COE Kentucky River utilities. Property Number: 31199011624 Lockport Co: Henry KY 40036–9999 Tracts 2305, 2306, and 2400–1 Status: Excess Landholding Agency: COE Barkley Lake, Kentucky and Tennessee Comment: 11.16 acres; steep and wooded; Property Number: 31199320004 Eddyville Co: Lyon KY 42030– subject to utility easements. Status: Underutilized Location: 61⁄2 miles southeasterly of Tracts 212 and 237 Comment: approx. 13.14 acres (sloping), Eddyville, KY Barkley Lake, Kentucky and Tennessee access monitored. Landholding Agency: COE Grand Rivers Co: Lyon KY 42045– Property Number: 31199010056 Location: Old Henson Ferry Road, 6 miles Louisiana Status: Excess west of Kuttawa, KY Wallace Lake Dam and Reservoir
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Shreveport Co: Caddo LA 71103– Parcel 7 Comment: 20 acres; acres: no utilities; most Landholding Agency: COE Grenada Lake recent use—wildlife and forestry Property Number: 31199011009 Sections 22, 23, T24N management; (14 acres/agriculture lease). Status: Unutilized Grenada Co: Yalobusha MS 38901–0903 Parcel 6 Comment: 11 acres; wildlife/forestry; no Landholding Agency: COE Grenada Lake utilities. Property Number: 31199011019 Section 9, T24N, R6E Bayou Bodcau Dam and Reservoir Status: Underutilized Grenada Co:Yalobusha MS 38901–0903 Haughton Co: Caddo La 71037–9707 Comment: 100 acres; no utilities; Landholding Agency: COE Location: 35 miles Northeast of Shreveport, intermittently used under lease—expires Property Number: 31199011027 La. 1994. Status: Underutilized Landholding Agency: COE Parcel 8 Comment: 80 acres; no utilities; most recent Property Number: 31199011010 Grenada Lake use—wildlife and forestry management. Status: Unutilized Section 20, T24N Parcel 11 Comment: 203 acres; wildlife/forestry; no Grenada Co: Yalobusha MS 38901–0903 Grenada Lake utilities. Landholding Agency: COE Section 20, T24N, R8E Maine Property Number: 31199011020 Grenada Co: Calhoun MS 38901–0903 Status: Underutilized Irish Ridge NEXRAD Site Landholding Agency: COE Comment: 30 acres; no utilities; Loring AFB Property Number: 31199011028 intermittently used under lease—expires Fort Fairfield Co: Aroostook ME 04742— Status: Underutilized 1994. Location: Comment: 30 acres; no utilities; most recent Landholding Agency: Air Force Parcel 9 use—wildlife and forestry management. Grenada Lake Property Number: 18199640017 Parcel 12 Section 20, T24N, R7E Status: Unutilized Grenada Lake Grenada Co: Yalobusha MS 38901–0903 Comment: 3.491 acres in fee simple. Section 25, T24N, R7E Landholding Agency: COE Maryland Grenada Co: Yalobusha MS 38901–10903 Property Number: 31199011021 Landholding Agency: COE VA Medical Center Status: Underutilized Property Number: 31199011029 9500 North Point Road Comment: 23 acres; no utilities; Status: Underutilized Fort Howard Co: Baltimore MD 21052— intermittently used under lease—expires Comment: 30 acres; no utilities; most recent Landholding Agency: VA 1994. use—wildlife and forestry management. Property Number: 97199010020 Parcel 10 Status: Underutilized Grenada Lake Parcel 13 Comment: Approx. 10 acres, wetland and Section 16, 17, 18 T24N, R8E Grenada Lake periodically floods, most recent use— Grenada Co: Calhoun MS 38901–0903 Section 34, T24N, R7E dump site for leaves. Landholding Agency: COE Grenada Co: Yalobusha MS 38903–0903 Massachusetts Property Number: 31199011022 Landholding Agency: COE Property Number: 31199011030 .07 acre Status: Underutilized Status: Underutilized Westover Air Reserve Base Comment: 490 acres: no utilities; Comment: 35 acres; no utilities; most recent Off Rte 33 intermittently used under lease—expires use—wildlife and forestry management; Chicopee Co: Hampden MA 01022— 1994. (11 acres/agriculture lease). Landholding Agency: Air Force Parcel 2 Property Number: 18199840007 Grenada Lake Parcel 14 Status: Excess Section 20 and T23N, R5E Grenada Lake Comment: land, no utilities Grenada Co: Grenada MS 38901–0903 Section 3, T23N, R6E Grenada Co: Yalobusha MS 38901–0903 Minnesota Landholding Agency: COE Property Number: 31199011023 Landholding Agency: COE Parcel D Status: Underutilized Property Number: 31199011031 Pine River Comment: 60 acres; no utilities; most recent Status: Underutilized Cross Lake Co: Crow Wing MN 56442— use—wildlife and forestry management. Comment: 15 acres; no utilities; most recent Location: 3 miles from city of Cross Lake, use—wildlife and forestry management. between highways 6 and 371. Parcel 3 Grenada Lake Parcel 15 Landholding Agency: COE Grenada Lake Property Number: 31199011038 Section 4, T23N, R5E Grenada Co: Yalobusha MS 38901–0903 Section 4, T24N, R6E Status: Excess Grenada Co: Yalobusha MS 38901–0903 Comment: 17 acres; no utilities. Landholding Agency: COE Property Number: 31199011024 Landholding Agency: COE Tract 92 Status: Underutilized Property Number: 31199011032 Sandy Lake Comment: 120 acres; no utilities; most recent Status: Underutilized McGregor Co: Aitkins MN 55760— use—wildlife and forestry management; Comment: 40 acres; no utilities; most recent Location: 4 miles west of highway 65, 15 (13.5 acres/agriculture lease). use—wildlife and forestry management. miles from city of McGregor. Parcel 16 Landholding Agency: COE Parcel 4 Grenada Lake Property Number: 31199011040 Grenada Lake Section 9, T23N, R6E Status: Excess Section 2 and 3, T23N, R5E Grenada Co: Yalobusha MS 38901–0903 Comment: 4 acres; no utilities. Grenada Co: Yalobusha MS 38901–0903 Landholding Agency: COE Landholding Agency: COE Tract 98 Property Number: 31199011025 Property Number: 31199011033 Leech Lake Status: Underutilized Status: Underutilized Benedict Co: Hubbard MN 56641— Comment: 60 acres; no utilities; most recent Comment: 70 acres; no utilities; most recent Location: 1 mile from city of Federal Dam, use—wildlife and forestry management. use—wildlife and forestry management. Mn. Landholding Agency: COE Parcel 5 Parcel 17 Property Number: 31199011041 Grenada Lake Grenada Lake Status: Excess Section 7, T24N, R6E Section 17, T23N, R7E Comment: 7.3 acres; no utilities. Grenada Co: Yalobusha MS 38901–0903 Grenada Co: Grenada MS 28901–0903 Landholding Agency: COE Landholding Agency: COE Mississippi Property Number: 31199011026 Property Number: 31199011034 A Status: Underutilized Status: Underutilized
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Comment: 35 acres; no utilities; most recent Landholding Agency: COE Landholding Agency: COE use—wildlife and forestry management. Property Number: 31199011011 Property Number: 31199010933 Parcel 18 Status: Unutilized Status: Unutilized Grenada Lake Comment: 7.59 acres; potential for utilities. 11 acres; subject to existing easements. Section 22, T23N, R7E Portion of Tract L–21A Tract 1911 Grenada Co: Grenada MS 28901–0903 Crooked Creek Lake, LR 03051 J. Percy Priest Dam and Reservoir Landholding Agency: COE Ford City Co: Armstrong PA 16226– Murfreesboro Co: Rutherford TN 37130– Property Number: 31199011035 Landholding Agency: COE Location: East of Lamar Road Status: Underutilized Property Number: 31199430012 Landholding Agency: COE Comment: 10 acres; no utilities; most recent Status: Unutilized Property Number: 31199010934 use—wildlife and forestry management. Comment: Approximately 1.72 acres of Status: Excess Parcel 19 undeveloped land, subject to gas rights. 15.31 acres; subject to existing easements. Grenada Lake Tennessee Tract 2321 Section 9, T22N, R7E J. Percy Priest Dam and Reservoir Tract 6827 Grenada Co: Grenada MS 38901–0903 Murfreesboro Co: Rutherford TN 37130– Barkley Lake Landholding Agency: COE Location: South of Old Jefferson Pike Property Number: 31199011036 Dover Co: Stewart TN 37058– 1 Landholding Agency: COE Status: Underutilized Location: 2 ⁄2 miles west of Dover, TN. Landholding Agency: COE Property Number: 31199010935 Comment: 20 acres; no utilities; most recent Status: Excess use—wildlife and forestry management. Property Number: 31199010927 Status: Excess 12 acres; subject to existing easements. Missouri Comment: .57 acres; subject to existing Tract 7206 Barkley Lake Harry S Truman Dam & Reservoir easements. Dover Co: Stewart TN 37058– Warsaw Co: Benton MO 65355– Tracts 6002–2 and 6010 1 Location: Triangular shaped parcel southwest Barkley Lake Location: 2 ⁄2 miles SE of Dover, TN. of access road ‘‘B’’, part of Bledsoe Ferry Dover Co: Stewart TN 37058– Landholding Agency: COE Property Number: 31199010936 Park Tract 150. Location: 31⁄2 miles south of village of Landholding Agency: COE Tabaccoport. Status: Excess Property Number: 31199030014 Landholding Agency: COE 10.15 acres; subject to existing easements. Status: Underutilized Property Number: 31199010928 Tracts 8813, 8814 Comment: 1.7 acres; potential utilities. Status: Excess Barkley Lake Dover Co: Stewart TN 37050– Nebraska Comment: 100.86 acres; subject to existing easements. Location: 11⁄2 miles East of Cumberland City. Hastings Radar Bomb Scoring Tract 11516 Landholding Agency: COE Hastings Co: Adams NE 68901– Barkley Lake Property Number: 31199010937 Landholding Agency: Air Force Ashland City Co: Dickson TN 37015– Status: Excess Property Number: 18199810027 Locatin: 1⁄2 mile downstream from Cheatham 96 acres; subject to existing easements. Status: Unutilized Dam Tract 8911 Comment: 11 acres. Landholding Agency: COE Barkley Lake Oklahoma Property Number: 31199010929 Cumberland City Co: Montgomery TN Pine Creek Lake Status: Excess 37050– Section 27 Comment: 26.25 acres; subject to existing Location: 4 miles east of Cumberland City. (See County) Co: McCurtain OK easements. Landholding Agency: COE Landholding Agency: COE Tract 2319 Property Number: 31199010938 Property Number: 31199010923 J. Percy Priest Dam and Reservoir Status: Excess Status: Unutilized Murfreesboro Co: Rutherford TN 37130– 7.7 acres; subject to existing easements. Comment: 3 acres; no utilities; subject to Location: West of Buckeye Bottom Road Tract 11503 right of way for Oklahoma State Highway Landholding Agency: COE Barkley Lake 3. Property Number: 31199010930 Ashland City Co: Cheatham TN 37015– Pennsylvania Status: Excess Location: 2 miles downstream from Comment: 14.48 acres; subject to existing Cheatham Dam. Mahoning Creek Lake easements. Landholding Agency: COE New Bethlehem Co: Armstrong PA 16242– Property Number: 31199010939 9603 Tract 2227 Status: Excess Location: Route 28 north to Belknap, Road #4 J. Percy Priest Dam and Reservoir 1.1 acres; subject to existing easements. Landholding Agency: COE Murfreesboro Co: Rutherford TN 37130– Property Number: 31199010018 Location: Old Jefferson Pike Tracts 11523, 11524 Status: Excess Landholding Agency: COE Barkley Lake Comment: 2.58 acres; steep and densely Property Number: 31199010931 Ashland City Co: Cheatham TN 37015– wooded. Status: Excess Location: 21⁄2 miles downstream from Tracts 610, 611, 612 2.27 acres; subject to existing easements. Cheatham Dam. Shenango River Lake Tract 2107 Landholding Agency: COE Sharpsville Co: Mercer PA 16150– J. Percy Priest Dam and Reservoir Property Number: 31199010940 Location: I–79 North, I–80 West, Exit Sharon. Murfreesboro Co: Rutherford TN 37130– Status: Excess R18 North 4 miles, left on R518, right on Location: Across Fall Creek near Fall Creek Comment: 19.5 acres; subject to existing Mercer Avenue. camping area. easements. Landholding Agency: COE Landholding Agency: COE Tract 6410 Property Number: 31199011001 Property Number: 31199010932 Barkley Lake Status: Excess Status: Excess Bumpus Mills Co: Stewart TN 37028– Comment: 24.09 acres; subject to flowage 14.85 acres; subject to existing easements. Location: 41⁄2 miles SW. of Bumpus Mills. easement. Tracts 2601, 2602, 2603, 2604 Landholding Agency: COE Tracts L24, L26 Cordell Hull Lake and Dam Property Number: 31199010941 Crooked Creek Lake Project Status: Excess Co: Armstrong PA 03051– Doe Row Creek Comment: 17 acres; subject to existing Location: Left bank—55 miles downstream of Gainesboro Co: Jackson TN 38562– easements. dam. Location: TN Highway 56 Tract 9707
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Barkley Lake Olin E. Teague Veterans Center Co: Elmore ID 83648– Palmyer Co: Montgomery TN 37142– 1901 South 1st Street Landholding Agency: Air Force Location: 3 miles NE of Palmyer, TN. Temple Co: Bell TN 76504– Property Number: 18199840008 Highway 149 Landholding Agency: VA Status: Unutilized Landholding Agency: COE Property Number: 97199010079 Comment: 1890 sq. ft., no plumbing facilities, Property Number: 31199010943 Status: Underutilized possible asbestos/lead paint, most recent Status: Excess Comment: 13 acres, portion formerly landfill, use—office. Comment: 6.6 acres; subject to existing portion near flammable materials, railroad Illinois easements. crosses property, potential utilities. Bldg. 7 Tract 6949 Washington Ohio River Locks & Dam No. 53 Barkley Lake Spokane Satellite Tracking #1 Grand Chain Co: Pulaski IL 62941–9801 Dover Co: Stewart TN 37058– Fairchild AFB Location: Ohio River Locks and Dam No. 53 Location: 11⁄2 miles SE of Dover, TN. Portion of Site at Grand Chain Landholding Agency: COE Spokane WA 99224– Landholding Agency: COE Property Number: 31199010944 Landholding Agency: Air Force Property Number: 31199010001 Status: Excess Property Number: 18199810028 Status: Unutilized Comment: 29.67 acres; subject to existing Status: Unutilized Comment: 900 sq. ft.; 1 floor wood frame; easements. Comment: 1.14 acres w/water well pump most recent use—residence. Tracts 6005 and 6017 house. Bldg. 6 Barkley Lake Ohio River Locks & Dam No. 53 Dover Co: Stewart TN 37058– Wisconsin Grand Chain Co: Pulaski IL 62941–9801 Location: 3 miles south of Village of VA Medical Center Location: Ohio River Locks and Dam No. 53 Tobaccoport. County Highway E at Grand Chain Landholding Agency: COE Tomah Co: Monroe WI 54660– Landholding Agency: COE Property Number: 31199011173 Landholding Agency: VA Property Number: 31199010002 Status: Excess Property Number: 97199010054 Status: Unutilized Comment: 5 acres; subject to existing Status: Underutilized Comment: 900 sq. ft.; 1 floor wood frame; easements. Comment: 12.4 acres, serves as buffer most recent use—residence. Tracts K–1191, K–1135 between center and private property, no Bldg. 5 Old Hickory Lock and Dam utilities. Ohio River Locks & Dam No. 53 Hartsville Co: Trousdale TN 37074– Suitable/Unavailable Properties Landholding Agency: COE Grand Chain Co: Pulaski IL 62941–9801 Property Number: 31199130007 Buildings (by State) Location: Ohio River Locks and Dam No. 53 at Grand Chain Status: Underutilized Alaska Comment: 92 acres (38 acres in floodway), Landholding Agency: COE Bldgs. 001A&B most recent use—recreation. Property Number: 31199010003 Spruce Cape Loran Station Status: Unutilized Tract A–102 Kodiak Co: Kodiak Is. Bor. AK 99615– Comment: 900 sq. ft.; 1 floor wood frame; Dale Hollow Lake & Dam Project Landholding Agency: DOT most recent use—residence. Canoe Ridge, State Hwy 52 Property Number: 87199720001 Celina Co: Clay TN 38551– Bldg. 4 Status: Excess Ohio River Locks & Dam No. 53 Landholding Agency: COE Comment: 12492 sq. ft. steel frame, most Property Number: 31199140006 Grand Chain Co: Pulaski IL 62941–9801 recent use—barracks and shops, needs Location: Ohio River Locks and Dam No. 53 Status: Underutilized extensive repairs, in Tsunami evacuation at Grand Chain Comment: 351 acres, most recent use— area. hunting, subject to existing easements. Landholding Agency: COE California Property Number: 31199010004 Tract A–120 Status: Unutilized Dale Hollow Lake & Dam Project Santa Fe Flood Control Basin Comment: 900 sq. ft.; 1 floor wood frame; Swann Ridge, State Hwy No. 53 Irwindale Co: Los Angeles CA 91706– most recent use—residence. Celina Co: Clay TN 38551– Landholding Agency: COE Landholding Agency: COE Property Number: 31199011298 Bldg. 3 Property Number: 31199140007 Status: Unutilized Ohio River Locks & Dam No. 53 Status: Underutilized Comment: 1400 sq. ft.; 1 story stucco; needs Grand Chain Co: Pulaski IL 62941–9801 Comment: 883 acres, most recent use— rehab; termite damage; secured area with Location: Ohio River Locks and Dam No. 53 hunting, subject to existing easements. alternate access. at Grand Chain Tracts A–20, A–21 Colorado Landholding Agency: COE Property Number: 31199010005 Dale Hollow Lake & Dam Project Bldg. 9023 Status: Unutilized Red Oak Ridge, State Hwy No. 53 U.S. Air Force Academy Comment: 900 sq. ft.; 1 floor wood frame; Celina Co: Clay TN 38551– Colorado Springs Co: El Paso CO 80814–2400 most recent use—residence. Landholding Agency: COE Landholding Agency: Air Force Property Number: 31199140008 Property Number: 18199730010 Bldg. 2 Status: Underutilized Status: Underutilized Ohio River Locks & Dam No. 53 Comment: 821 acres, most recent use— Comment: 4112 sq. ft., most recent use— Grand Chain Co: Pulaski IL 62941–9801 recreation, subject to existing easements. preschool. Location: Ohio River Locks and Dam No. 53 at Grand Chain Tract D–185 Bldg. 9027 Landholding Agency: COE Dale Hollow Lake & Dam Project U.S. Air Force Academy Property Number: 31199010006 Ashburn Creek, Hwy No. 53 Colorado Springs Co: El Paso CO 80814–2400 Status: Unutilized Livingston Co: Clay TN 38570– Landholding Agency: Air Force Comment: 900 sq. ft.; 1 floor wood frame. Landholding Agency: COE Property Number: 18199730011 Property Number: 31199140010 Status: Underutilized Bldg. 1 Status: Underutilized Comment: 4112 sq. ft., most recent use— Ohio River Locks & Dam No. 53 Comment: 883 acres, most recent use— child care center. Grand Chain Co: Pulaski IL 62941–9801 hunting, subject to existing easements Location: Ohio River Locks and Dam No. 53 Idaho at Grand Chain Texas Bldg. 224 Landholding Agency: COE Land Mountain Home Air Force Property Number: 31199010007
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Status: Unutilized Cape Ann Light, Thachers Island Comment: 698 sq. ft., 1-story, concrete and Comment: 900 sq. ft.; 1 floor wood frame; U.S. Coast Guard metal frame, possible asbestos, access most recent use—residence. Rockport Co: Essex MA 01966– restrictions, most recent use—storage. Landholding Agency: DOT Indiana Ohio Property Number: 87199240024 Bldg. 24, VAMC Status: Unutilized Bldg.—Berlin Lake East 38th Street Comment: 1000 sq. ft., 2-story brick dwelling, 7400 Bedell Road Marion Co: Grant IN 46952– large wave action with severe ocean Berlin Center Co: Mahoning OH 44401–9797 Landholding Agency: VA storms. Landholding Agency: COE Property Number: 97199230005 Property Number: 31199640001 Assistant Keepers Dwelling Status: Unutilized Status: Underutilized Cape Ann Light, Thachers Island Comment: 4135 sq. ft. 2-story wood structure, Comment: 1420 sq. ft., 2-story brick w/garage U.S. Coast Guard needs minor rehab, no sanitary or heating and basement, most recent use— Rockport Co: Essex MA 01966– facilities, presence of asbestos, Natl residential, secured w/alternate access. Landholding Agency: DOT Register of Historic Places. Property Number: 87199240025 Pennsylvania Bldg. 122 Status: Unutilized Tract 353 VA Northern Indiana Health Care System Comment: 1100 sq. ft., 2-story wood frame Grays Landing Lock & Dam Project Marion Campus, 1700 East 38th Street dwelling, large wave action with severe Greesnboro Co: Greene PA 15338– Marion Co: Grant IN 46953– ocean storms. Landholding Agency: COE Landholding Agency: VA Property Number: 31199430019 Michigan Property Number: 97199810006 Status: Unutilized Status: Underutilized Bldg. 50 Comment: 812 sq. ft., 2-story, log structure, Comment: 37,135 sq. ft., presence of asbestos, Calumet Air Force Station needs repair, most recent use—residential, most recent use—former dietetics bldg., Calumet Co: Keweenaw MI 49913– if used for habitation must be flood proofed National Register of Historic Places. Landholding Agency: Air Force or removed off-site. Iowa Property Number: 18199010790 Tract 403A Bldg. 00627 Status: Excess Grays Landing Lock & Dam Project Sioux Gateway Airport Comment: 6171 sq. ft.; 1 story; concrete Greensboro Co: Greene PA 15338– Sioux City Co: Woodbury IA 51110– block; potential utilities; possible asbestos; Landholding Agency: COE Landholding Agency: Air Force most recent use—Fire Department vehicle Property Number: 31199430021 Property Number: 18199310001 parking building. Status: Unutilized Status: Unutilized Bldg. 14 Comment: 620 sq. ft., 2-story, needs repair, Comment: 1932 sq. ft., 1-story concrete block Calumet Air Force Station most recent use—residential, if used for bldg., most recent use—storage, pigeon Calumet Co: Keweenaw MI 49913– habitation must be flood proofed or infested, contamination investigation in Landholding Agency: Air Force removed off-site. progress. Property Number: 18199010833 Tract 403B Bldg. 00669 Status: Excess Grays Landing Lock & Dam Sioux Gateway Airport Comment: 6751 sq. ft.; 1 floor concrete block; Project Sioux City Co: Woodbury IA 51110– possible asbestos; most recent use— Greensboro Co: Greene PA 15338— Landholding Agency: Air Force gymnasium. Landholding Agency: COE Property Number: 18199310002 Bldg. 16 Property Number: 31199430022 Status: Unutilized Calumet Air Force Station Status: Unutilized Comment: 1113 sq. ft., 1-story concrete block Calumet Co: Keweenaw MI 49913– Comment: 1600 sq. ft., 2-story, brick bldg., contamination clean-up in process. Landholding Agency: Air Force structure, needs repair, most recent use— Maine Property Number: 18199010834 residential, if used for habitation must be Status: Excess flood protected or removed off-site. Mount Desert Rock Light Comment: 3000 sq. ft.; floor concrete block; Tract 403C U.S. Coast Guard most recent use—commissary facility. Grays Landing Lock & Dam Southwest Harbor Co: Hancock ME 04679– Bldg. 15 Project Landholding Agency: DOT Calumet Air Force Station Greensboro Co: Greene PA 15338— Property Number: 87199240023 Calumet Co: Keweenaw MI 49913– Landholding Agency: COE Status: Unutilized Landholding Agency: Air Force Property Number: 31199430023 Comment: 1600 sq. ft., 2-story wood frame Property Number: 18199010864 Status: Unutilized dwelling, needs rehab, limited utilities, Comment: 672 sq. ft., 2-story, carriage house/ limited access, property is subject to severe Status: Excess stable barn type structure, needs repair, storms. Comment: 538 sq. ft.; 1 floor; concrete/wood structure; potential utilities; most recent most recent use—storage/garage, if used for Little River Light use—gymnasium facility. habitation must be flood protected or U.S. Coast Guard removed. Cutler Co: Washington ME Nebraska Tract 434 Landholding Agency: DOT Bldg. 64 Grays Landing Lock & Dam Property Number: 87199240026 Offutt AFB Project Status: Unutilized Silver Creek Co: Nance NE 68113– Greensboro Co: Greene PA 15338— Comment: 1100 sq. ft., 2-story wood frame Landholding Agency: Air Force Landholding Agency: COE dwelling, well is contaminated, limited Property Number: 18199720040 utilities. Property Number: 31199430024 Status: Unutilized Status: Unutilized Burnt Island Light Comment: 4000 sq. ft.; most recent use— Comment: 1059 sq. ft., 2-story, wood frame U.S. Coast Guard admin., needs major rehab, possible 2 apt. units, historic property, if used for Southport Co: Lincoln ME 04576– asbestos/lead base paint. habitation must be flood protected or Landholding Agency: DOT New Hampshire removed off-site. Property Number: 87199240027 Status: Unutilized Bldg. 127 Tract 224 Comment: 750 sq. ft., 2-story wood frame New Boston Air Force Station Grays Landing Lock & Dam dwelling. Amherst Co: Hillsborough NH 03031–1514 Project Landholding Agency: Air Force Greensboro Co: Greene PA 15338— Massachusetts Property Number: 18199320057 Landholding Agency: COE Keepers Dwelling Status: Excess Property Number: 31199430001
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Status: Unutilized Comment: 20 acres, used as exercise trails Property Number: 97199740003 Comment: 1040 sq. ft., 2-story bldg., needs and storage areas, potential utilities. Status: Underutilized repair, historic struct, flowage easement, if Nebraska Comment: intermittent use, partially habitation is desired property will be landlocked, flooding. Land/Offutt Comm. Annex No. 4 required to be flood protected or removed Texas off site. Silver Creek Co: Nance NE 68663– Landholding Agency: Air Force Parcel #222 Wisconsin Property Number: 18199720041 Lake Texoma Status: Unutilized Co: Grayson TX Former Lockmaster’s Dwelling Comment: 354 acres, most recent use—radio Location: C. Meyerheim survey A–829 J. DePere Lock transmitter site, wetlands, isolated area. Hamilton survey A–529 100 James Street De Pere Co: Brown WI 54115— New York Landholding Agency: COE Property Number: 31199010421 Landholding Agency: COE VA Medical Center Status: Excess Property Number: 31199011526 Fort Hill Avenue Comment: 52.80 acres; most recent use— Status: Unutilized Canandaigua Co: Ontario NY 14424– recreation. Comment: 1224 sq. ft., 2-story, brick/wood Landholding Agency: VA frame residence; needs rehab, secured area Property Number: 97199010017 Suitable/To Be Excessed with alternate access. Status: Underutilized Buildings (by State) Blgd. 2 Comment: 27.5 acres, used for school VA Medical Center ballfield and parking, existing utilities Massachusetts 5000 West National Ave. easement, portion leased. Cuttyhunk Boathouse Milwaukee WI: 53295— Pennsylvania South Shore of Cuttyhunk Landholding Agency: VA Pond Property Number: 97199830002 East Branch Clarion River Lake Wilcox Co: Elk PA Gosnold Co: Dukes MA 02713– Status: Unutilized Landholding Agency: DOT Comment: 133730 sq. ft., needs rehab, Location: Free camping area on the right bank off entrance roadway. Property Number: 87199310001 presence of asbestos/lead paint, most Status: Unutilized recent use—storage. Landholding Agency: COE Property Number: 31199011012 Comment: 2700 sq. ft., wood frame, one LAND Status: Underutilized story, needs rehab, limited utilities, off-site use only. Georgia Comment: 1 acre; most recent use—free campground. Nauset Beach Light Land—St. Simons Boathouse Dashields Locks and Dam Nauset Beach Co: Barnstable MA St. Simons Islands Co: Glynn GA 31522–0577 Landholding Agency: DOT Landholding Agency: DOT (Glenwillard, PA) Crescent Twp. Co: Allegheny PA 15046–0475 Property Number: 87199420001 Property Number: 87199540003 Status: Unutilized Status: Unutilized Landholding Agency: COE Property Number: 31199210009 Comment: 48 foot tower, cylindrical cast Comment: .08 acres, most recent use—pier iron, most recent use—aid to navigation. and dockage for Coast Guard boats. Status: Unutilized Comment: 0.58 acres, most recent use— Plymouth Light Illinois baseball field. Co: Plymouth MA Lake Shelbyville VA Medical Center Landholding Agency: DOT Shelbyville Co: Shelby & Moultrie IL 62565– New Castle Road Property Number: 87199420003 9804 Butler Co: Butler PA 16001– Status: Unutilized Landholding Agency: COE Landholding Agency: VA Comment: 250 sq. ft. tower, and 2096 sq. ft. Property Number: 31199240004 Property Number: 97199010016 dwelling, wood frame, most recent use— Status: Unutilized Status: Underutilized aid to navigation/housing. Comment: 5 parcels of land equalling 0.70 Comment: Approx. 9.29 acres, used for Light Tower, Highland Light acres, improved 2/4 small equipment patient recreation, potential utilities. Near Rt. 6, 9 miles south of Race Point storage bldgs. and a small access road, Land No. 645 North Truro Co: Barnstable MA 02652– easement restrictions. VA Medical Center Landholding Agency: DOT Iowa Highland Drive Property Number: 87199430005 Pittsburgh Co: Allegheny PA 15206– Status: Excess 38 acres ′ ′′ VA Medical Center Location: Between Campania and Wiltsie Comment: 66 ft. tower, 14 9 diameter, brick 1515 West Pleasant St. Streets structure, scheduled to be vacated 9/94. Knoxville Co: Marion IA 50138— Landholding Agency: VA Keepers Dwelling Landholding Agency: VA Property Number: 97199010080 Highland Light Property Number: 97199740001 Status: Unutilized Near Rt. 6, 9 miles south of Race Point Status: Unutilized Comment: 90.3 acres, heavily wooded, North Truro Co: Barnstable MA 02652– Comment: golf course. property includes dump area and Landholding Agency: DOT numerous site storm drain outfalls. Kentucky Property Number: 87199430006 Land—3416 acres Status: Excess Porton of Tract 3300 VA Medical Center Comment: 1160 sq. ft., 2-story wood frame, Fishtrap Lake 1400 Black Horse Hill Road attached to light tower, scheduled to be Co: Pike KY 41548– Coatesville Co: Chester PA 19320– vacated 9/94. Landholding Agency: COE Landholding Agency: VA Duplex Housing Unit Property Number: 31199830002 Property Number: 97199340001 Highland Light Status: Excess Status: Underutilized Near Rt. 6, 9 miles south of Race Point Comment: 0.40 acre encroachment, steep hill. Comment: 34.16 acres, open field, most North Truro Co: Barnstable MA 02652– Michigan recent use—recreation/buffer. Landholding Agency: DOT VA Medical Center Tennessee Property Number: 87199430007 5500 Armstrong Road 44 acres Status: Excess Battle Creek Co: Calhoun MI 49016– VA Medical Center Comment: 2 living units, 930 sq. ft. each, 1- Landholding Agency: VA 3400 Lebanon Rd. story each, located on eroding ocean bluff, Property Number: 97199010015 Murfreesboro Co: Rutherford TN 37129– scheduled to be vacated 9/94. Status: Underutilized Landholding Agency: VA Nahant Towers
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Nahant Co: Essex MA Hancock Field Landholding Agency: COE Landholding Agency: DOT Syracuse Co: Onandaga NY 13211– Property Number: 31199440011 Property Number: 87199530001 Landholding Agency: Air Force Status: Unutilized Status: Unutilized Property Number: 18199530056 Comment: 3 parcels totalling 5.17 acres, most Comment: 196 sq. ft., 8-story observation Status: Excess recent use—buffer zone, endangered plant tower. Comment: 1627 sq. ft., 1 story concrete block, species. most recent use—storage. New York Indiana South Carolina Bldg. 1 Brookville Lake—Land Hancock Field 5 Bldgs. Liberty Co: Union IN 47353– Syracuse Co: Onandaga NY 13211– Charleston AFB Annex Housing Landholding Agency: COE Landholding Agency: Air Force N. Charleston SC 29404–4827 Property Number: 31199440009 Property Number: 18199530048 Location: 101 Vector Ave., 112, 114, 116, 118 Status: Unutilized Status: Excess Intercept Ave. Comment: 6.91 acres, limited utilities. Comment: 4955 sq. ft., 2 story concrete block, Landholding Agency: Air Force needs rehab, most recent use— Property Number: 18199830035 Kansas adminstration. Status: Unutilized Parcel #1 Bldg. 2 Comment: 1433 sq. ft. + 345 sq. ft. carport, Fall River Lake Hancock Field lead base paint/exterior most recent use— Section 26 Syracuse Co: Onandaga NY 13211– residential. Co: Greenwood KS Landholding Agency: Air Force 1 Bldg. Landholding Agency: COE Property Number: 18199530049 Charleston AFB Annex Housing Property Number: 31199010065 Status: Excess N. Charleston SC 29404–4827 Status: Unutilized Comment: 1476 sq. ft., 1 story concrete block, Location: 102 Vector Ave. Comment: 126.69 acres; most recent use— needs rehab, most recent use—repair shop. Landholding Agency: Air Force recreation and leased cottage sites. Bldg. 6 Property Number: 18199830036 Parcel No. #2, El Dorado Lake Hancock Field Status: Unutilized Approx. 1mi east of the town of El Dorado Comment: 1545 sq. ft. + 345 sq. ft. carport, Syracuse Co: Onandaga NY 13211– Co: Butler KS lead base paint/exterior most recent use— Landholding Agency: Air Force Landholding Agency: COE residential. Property Number: 18199530050 Property Number: 31199210005 Status: Excess 1 Bldg. Status: Unutilized Comment: 2466 sq. ft., 1 story concrete block, Charleston AFB Annex Housing Comment: 11 acres, pat of a relocated needs rehab, most recent use—repair shop. N. Charleston SC 29404–4827 railroad bed, rural area. Location: 103 Vector Ave. Bldg. 11 Massachusetts Hancock Field Landholding Agency: Air Force Syracuse Co: Onandaga NY 13211– Property Number: 18199830037 Buffumville Dam Landholding Agency: Air Force Status: Unutilized Fllod Control Project Property Number: 18199530051 Comment: 1445 sq. ft. + 346 sq. ft. carport, Gale Road Status: Excess lead base paint/exterior most recent use— Carlton Co: Worcester MA 01540–0155 Comment: 1750 sq. ft., 1 story wod frame, residential. Location: Portion of tracts B–200, B–248, B– needs rehab, most recent use—storage. 18 Bldgs. 251, B–204, B–247, B–200 and B–256 Bldg. 8 Charleston AFB Annex Housing Landholding Agency: COE Hancock Field N. Charleston SC 29404–4827 Property Number: 31199010016 Syracuse Co: Onandaga NY 13211– Location: 104–107 Vector Ave., 108–111, Status: Excess Landholding Agency: Air Force 113, 115, 117, 119 Intercept Ave., 120–122 Comment: 1.45 acres. Property Number: 18199530052 Radar Ave. Minnesota Landholding Agency: Air Force Status: Excess Tract #3 Comment: 1812 sq. ft., 1 story concrete block, Property Number: 18199830038 Status: Unutilized Lac Qui Parle Flood Control Project needs rehab, most recent use—repair shop County Rd. 13 communications. Comment: 1265 sq. ft. + 353 sq. ft. carport, lead base paint/exterior most recent use— Watson Co: Lac Qui Parle MN 56295– Bldg. 14 residential. Landholding Agency: COE Hancock Field Property Number: 31199340006 Syracuse Co: Onandaga NY 13211– Land (by State) Status: Unutilized Landholding Agency: Air Force Alaska Comment: approximately 2.9 acres, fallow Property Number: 18199530053 Gibson Cove Tract land. Status: Excess # Comment: 156 sq. ft., 1 story wood frame, Kodiak Co: AK 99619– Tract 34 most recent use—vehicle fuel station. Landholding Agency: DOT Lac Qui Parle Flood Control Project Property Number: 87199920001 Marsh Lake Bldg. 30 Status: Unutilized Watson Co: Lac Qui Parle MN 56295– Hancock Field Comment: 37.55 acres, undeveloped land. Landholding Agency: COE Syracuse Co: Onandaga NY 13211– Property Number: 31199340007 Landholding Agency: Air Force Georgia Status: Unutilized Property Number: 18199530054 Lake Sidney Lanier Comment: approximately 8 acres, fallow Status: Excess Co: Forsyth GA 30130– land. Comment: 3649 sq. ft., 1 story, needs rehab, Location: Located on Two Mile Creek adj. to most recent use—assembly hall. State Route 369 New York Bldg. 31 Landholding Agency: COE 14.90 Acres Hancock Field Property Number: 31199440010 Hancock Field Syracuse Co: Onandaga NY 13211– Status: Unutilized Syracuse Co: Onandaga NY 13211– Landholding Agency: Air Force Comment: 0.25 acres, endangered plant Landholding Agency: Air Force Property Number: 18199530055 species. Property Number: 18199530057 Status: Excess Lake Sidney Lanier-3 parcels Status: Excess Comment: 8252 sq. ft., 1 story concrete block, Gainesville Co: Hall GA 30505– Comment: Fenced in compound, most recent most recent use—storage. Location: Between Gainesville, H.S. and State use—Air Natl. Guard Communication & Bldg. 32 Route 53 By-Pass Electronics Group.
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Tennessee Reason: Floodway. Status: Unutilized Tract D–456 Bldg. 7 Reasons: Contamination, Secured Area. Cheatham Lock and Dam VA Medical Center Bldg. 63–320 Ashland Co: Cheatham TN 37015– Tuskegee Co: Macon AL 36083– Elmendorf Air Force Base Location: Right downstream bank of Landholding Agency: VA 21 CSG/DEER Sycamore Creek. Property Number: 97199730001 Elmendorf AFB Co: Anchorage AK 99506– Landholding Agency: COE Status: Underutilized 5000 Property Number: 31199010942 Reason: Secured Area. Landholding Agency: Air Force Status: Excess Bldg. 8 Property Number: 18199010307 Comment: 8.93 acres; subject to existing VA Medical Center Status: Unutilized Reasons: Contamination, Secured Area. easements. Tuskegee Co: Macon AL 36083– Texas Landholding Agency: VA Bldg. 63–325 Property Number: 97199730002 Elmendorf Air Force Base Corpus Christi Ship Channel 21 CSG/DEER Corpus Christi Co: Neuces TX Status: Underutilized Reason: Secured Area. Elmendorf AFB Co: Anchorage AK 99506– Location: East side of Carbon Plant Road, 5000 approx. 14 miles NW of downtown Corpus Alaska Landholding Agency: Air Force Christi Property Number: 18199010308 Landholding Agency: COE Bldg. 203 Status: Unutilized Property Number: 31199240001 Tin City Air Force Station Reasons: Contamination, Secured Area. Status: Unutilized 21 CSG/DEER Elmendorf AFB Co: Anchorage AK 99506– Bldg. 103 Comment: 4.4 acres, most recent use—farm Ft. Yukon Air Force Station land. 5000 Landholding Agency: Air Force 21 CSG/DEER Unsuitable Properties Property Number: 18199010296 Elmendorf AFB Co: Anchorage AK 99506– 5000 Status: Unutilized Buildings (by State) Landholding Agency: Air Force Reason: Isolated area, Not accessible by road, Property Number: 18199010309 Alabama Contamination, Secured Area. Status: Unutilized Bldg. 426, Maxwell AFB Bldg. 165 Reasons: Isolated area, Not accessible by Montgomery Co: Montgomery AL 36114– Sparrevohn Air Force Station road, Contamination, Secured Area. 3112 21 CSG/DEER Bldg. 110 Landholding Agency: Air Force Elmendorf AFB Co: Anchorage AK 99506– Ft. Yukon Air Force Station Property Number: 18199720027 5000 21 CSG/DEER Status: Unutilized Landholding Agency: Air Force Elmendorf AFB Co: Anchorage AK 99506– Reason: Secured Area Extensive Property Number: 18199010298 deterioration. 5000 Status: Unutilized Landholding Agency: Air Force Dwelling A Reasons: Isolated area, Not accessible by Property Number: 18199010310 USCG Mobile Pt. Station road, Contamination, Secured Area. Status: Unutilized Ft. Morgan Bldg. 150 Reasons: Isolated area, Not accessible by Gulfshores Co: Baldwin AL 36542– Sparrevohn Air Force Station road, Contamination, Secured Area. Landholding Agency: DOT 21 CSG/DEER Property Number: 87199120001 Bldg. 112 Elmendorf AFB Co: Anchorage AK 99506– Ft. Yukon Air Force Station Status: Excess 5000 Reason: Floodway. 21 CSG/DEER Landholding Agency: Air Force Elmendorf AFB Co: Anchorage AK 99506– Dwelling B Property Number: 18199010299 5000 USCG Mobile Pt. Station Status: Unutilized Landholding Agency: Air Force Ft. Morgan Reasons: Isolated area, Not accessible by Property Number: 18199010311 Gulfshores Co: Baldwin AL 36542– road, Contamination, Secured Area. Status: Unutilized Landholding Agency: DOT Bldg. 130 Reasons: Isolated area Not accessible by road Property Number: 87199120002 Sparrevohn Air Force Station Contamination Secured Area. Status: Excess 21 CSG/DEER Bldg. 113 Reason: Floodway. Elmendorf AFB Co: Anchorage AK 99506– Ft. Yukon Air Force Station Oil House 5000 21 CSG/DEER USCG Mobile Pt. Station Landholding Agency: Air Force Elmendorf AFB Co: Anchorage AK 99506– Ft. Morgan Property Number: 18199010300 5000 Gulfshores Co: Baldwin AL 36542– Status: Unutilized Landholding Agency: Air Force Landholding Agency: DOT Reasons: Isolated area, Not accessible by Property Number: 18199010312 Property Number: 87199120003 road, Contamination, Secured Area. Status: Unutilized Status: Excess Bldg. 306 Reasons: Isolated area Not accessible by road Reason: Floodway. King Salmon Airport Contamination Secured Area. Garage 21 CSG/DEER Bldg. 114 USCG Mobile Pt. Station Elmendorf AFB Co: Anchorage AK 99506– Ft. Yukon Air Force Station Ft. Morgan 5000 21 CSG/DEER Gulfshores Co: Baldwin AL 36542– Landholding Agency: Air Force Elmendorf AFB Co: Anchorage AK 99506– Landholding Agency: DOT Property Number: 18199010301 5000 Property Number: 87199120004 Status: Unutilized Landholding Agency: Air Force Status: Excess Reasons: Isolated area, Not accessible by Property Number: 18199010313 Reason: Floodway. road, Contamination, Secured Area. Status: Unutilized Shop Building Bldg. 11–230 Reasons: Isolated area Not accessible by road USCG Mobile Pt. Station Elmendorf Air Force Base Contamination Secured Area. Ft. Morgan 21 CSG/DEER Bldg. 115 Gulfshores Co: Baldwin AL 36542– Elmendorf AFB Co: Anchorage AK 99506– Ft. Yukon Air Force Station Landholding Agency: DOT 5000 21 CSG/DEER Property Number: 87199120005 Landholding Agency: Air Force Elmendorf AFB Co: Anchorage AK 99506– Status: Excess Property Number: 18199010303 5000
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Landholding Agency: Air Force Bldg. 150 Landholding Agency: Air Force Property Number: 18199010314 Cape Lisburne Air Force Station Property Number: 18199010330 Status: Unutilized 21 CSG/DEER Status: Unutilized Reasons: Isolated area Not accessible by road Elmendorf AFB Co: Anchorage AK 88506– Reasons: Isolated area Contamination Secured Area. 5000 Not accessible by road Bldg. 118 Landholding Agency: Air Force Contamination Ft. Yukon Air Force Station Property Number: 18199010323 Secured Area. 21 CSG/DEER Status: Unutilized Bldg. 104 Elmendorf AFB Co: Anchorage AK 99506– Reasons: Isolated area, Not accessible by Kotzebue Air Force Station 5000 road, Contamination, Secured area. 21 CSG/DEER Landholding Agency: Air Force Bldg. 152 Elmendorf AFB Co: Anchorage AK 99506– Property Number: 18199010315 Cape Lisburne Air Force Station 5000 Status: Unutilized 21 CSG/DEER Landholding Agency: Air Force Reasons: Isolated area Not accessible by road Elmendorf AFB Co: Anchorage AK 99506– Property Number: 18199010331 Contamination Secured Area. 5000 Status: Unutilized Bldg. 1018 Landholding Agency: Air Force Reasons: Isolated area Ft. Yukon Air Force Station Property Number: 18199010324 Not accessible by road 21 CSG/DEER Status: Unutilized Contamination Elmendorf AFB Co: Anchorage AK 99506– Reasons: Isolated area, Not accessible by Secured Area. 5000 road, Contamination, Secured area. Bldg. 105 Landholding Agency: Air Force Bldg. 301 Kotzebue Air Force Station Property Number: 18199010317 Cape Lisburne Air Force Station 21 CSG/DEER Status: Unutilized 21 CSG/DEER Elmendorf AFB Co: Anchorage AK 99506– Reasons: Isolated area Not accessible by road Elmendorf AFB Co: Anchorage AK 99506– 5000 Contamination Secured Area. 5000 Landholding Agency: Air Force Bldg. 1025 Landholding Agency: Air Force Property Number: 18199010332 Ft. Yukon Air Force Station Property Number: 18199010325 Status: Unutilized 21 CSG/DEER Status: Unutilized Reasons: Isolated area Elmendorf AFB Co: Anchorage AK 99506– Reasons: Isolated area, Not accessible by Not accessible by road 5000 road, Contamination, Secured area. Contamination Landholding Agency: Air Force Bldg. 1001 Secured Area. Property Number: 18199010318 Cape Lisburne Air Force Station Bldg. 110 Status: Unutilized 21 CSG/DEER Kotzebue Air Force Station Reasons: Isolated area Not accessible by road Elmendorf AFB Co: Anchorage AK 99506– 21 CSG/DEER Contamination Secured Area. 5000 Elmendorf AFB Co: Anchorage AK 99506– Bldg. 1055 Landholding Agency: Air Force 5000 Ft. Yukon Air Force Station Property Number: 18199010326 Landholding Agency: Air Force 21 CSG/DEER Status: Unutilized Property Number: 18199010333 Elmendorf AFB Co: Anchorage AK 99506– Reasons: Isolated area, Not accessible by Status: Unutilized 5000 road, Contamination, Secured area. Reasons: Isolated area Landholding Agency: Air Force Bldg. 1003 Not accessible by road Property Number: 18199010319 Cape Lisburne Air Force Station Contamination Status: Unutilized 21 CSG/DEER Secured Area. Reasons: Isolated area Not accessible by road Elmendorf AFB Co: Anchorage AK 99506– Bldg. 114 Contamination Secured Area. 5000 Kotzebue Air Force Station Bldg. 107 Landholding Agency: Air Force 21 CSG/DEER Cape Lisburne Air Force Station Property Number: 18199010327 Elmendorf AFB Co: Anchorage AK 99506– 21 CSG/DEER Status: Unutilized 5000 Elmendorf AFB Co: Anchorage AK 99506– Reasons: Isolated area, Not accessible by Landholding Agency: Air Force 5000 road, Contamination, Secured area. Property Number: 18199010334 Landholding Agency: Air Force Bldg. 1055 Status: Unutilized Property Number: 18199010320 Cape Lisburne Air Force Station Reasons: Isolated area Status: Unutilized 21 CSG/DEER Not accessible by road Reasons: Isolated area Not accessible by road Elmendorf AFB Co: Anchorage AK 99506– Contamination Contamination Secured Area. 5000 Secured Area. Bldg. 115 Landholding Agency: Air Force Bldg. 202 Cape Lisburne Air Force Station Property Number: 18199010328 Kotzebue Air Force Station 21 CSG/DEER Status: Unutilized 21 CSG/DEER Elmendorf AFB Co: Anchorage AK 99506– Reasons: Isolated area, Not accessible by Elmendorf AFB Co: Anchorage AK 99506– 5000 road, Contamination, Secured area. 5000 Landholding Agency: Air Force Bldg. 1056 Landholding Agency: Air Force Property Number: 18199010321 Cape Lisburne Air Force Station Property Number: 18199010335 Status: Unutilized 21 CSG/DEER Status: Unutilized Reasons: Isolated area, Not accessible by Elmendorf AFB Co: Anchorage AK 99506– Reasons: Isolated area road, Contamination, Secured area. 5000 Not accessible by road Bldg. 113 Landholding Agency: Air Force Contamination Cape Lisburne Air Force Station Property Number: 18199010329 Secured Area. 21 CSG/DEER Status: Unutilized Bldg. 204 Elmendorf AFB Co: Anchorage AK 99506– Reasons: Isolated area, Not accessible by Kotzebue Air Force Station 5000 road, Contamination, Secured area. 21 CSG/DEER Landholding Agency: Air Force Bldg. 103 Elmendorf AFB Co: Anchorage AK 99506– Property Number: 18199010322 Kotzebue Air Force Station 5000 Status: Unutilized 21 CSG/DEER Landholding Agency: Air Force Reasons: Isolated area, Not accessible by Elmendorf AFB Co: Anchorage AK 99506– Property Number: 18199010336 road, Contamination, Secured area. 5000 Status: Unutilized
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Reasons: Isolated area Status: Unutilized Fairbanks Co: Fairbanks NS AK Not accessible by road Reasons: Floodway, Secured Area, Extensive Landholding Agency: Air Force Contamination deterioration. Property Number: 18199520024 Secured Area. Bldg. 1832, Galena Airport Status: Unutilized Bldg. 205 Elmendorf AFB AK 99506–4420 Reason: Extensive deterioration. Kotzebue Air Force Station Landholding Agency: Air Force Bldg. 2 21 CSG/DEER Property Number: 18199420005 Lonely Dewline Site Elmendorf AFB Co: Anchorage AK 99506– Status: Unutilized Fairbanks Co: Fairbanks NS AK 5000 Reasons: Floodway, Secured Area, Extensive Landholding Agency: Air Force Landholding Agency: Air Force deterioration. Property Number: 18199520025 Property Number: 18199010337 Bldg. 1842, Galena Airport Status: Unutilized Status: Unutilized Elmendorf AFB AK 99506–4420 Reasons: Not accessible by road, Extensive Reasons: Isolated area Landholding Agency: Air Force deterioration. Not accessible by road Property Number: 18199420006 Bldg. 12 Contamination Status: Unutilized Lonely Dewline Site Secured Area. Reasons: Floodway, Secured Area, Extensive Fairbanks Co: Fairbanks NS AK Bldg. 1001 deterioration. Landholding Agency: Air Force Kotzebue Air Force Station Bldg. 1844, Galena Airport Property Number: 18199520026 21 CSG/DEER Elmendorf AFB AK 99506–4420 Status: Unutilized Elmendorf AFB Co: Anchorage AK 99506– Landholding Agency: Air Force Reasons: Not accessible by road, Extensive 5000 Property Number: 18199420007 deterioration. Landholding Agency: Air Force Status: Unutilized Bldg. 1 Property Number: 18199010338 Reasons: Floodway, Secured Area, Extensive Wainwright Dewline Site Status: Unutilized deterioration. Fairbanks Co: Fairbanks NS AK Reasons: Isolated area Bldg. 1853, Galena, Airport Landholding Agency: Air Force Not accessible by road Elmendorf AFB AK 99506–4420 Property Number: 18199520027 Contamination Landholding Agency: Air Force Status: Unutilized Secured Area. Property Number: 18199440011 Reasons: Not accessible by road, Extensive Bldg. 1015 Status: Unutilized deterioration. Kotzebue Air Force Station Reasons: Floodway, Secured Area. Bldg. 2 21 CSG/DEER Bldg. 142 Wainwright Dewline Site Elmendorf AFB Co: Anchorage AK 99506– Tin City Long Range Radar Fairbanks Co: Fairbanks NS AK 5000 Site Landholding Agency: Air Force Landholding Agency: Air Force Wales Co: Nome AK Property Number: 18199520028 Property Number: 18199010339 Landholding Agency: Air Force Status: Unutilized Status: Unutilized Property Number: 18199520013 Reasons: Not accessible by road, Extensive Reasons: Isolated area, Not accessible by Status: Unutilized deterioration. road, Contamination, Secured Area. Reasons: Secured Area, Extensive Bldg. 3 Bldg. 50 deterioration. Wainwright Dewline Site Cold Bay Air Force Station Bldg. 110 Fairbanks Co: Fairbanks NS AK 21 CSG/DEER Tin City Long Range Radar Landholding Agency: Air Force Elmendorf AFB Co: Anchorage AK 99506– Site Property Number: 18199520029 5000 Wales Co: Nome AK Status: Unutilized Landholding Agency: Air Force Landholding Agency: Air Force Reasons: Not accessible by road, Extensive Property Number: 18199010433 Property Number: 18199520014 deterioration. Status: Unutilized Status: Unutilized Bldg. 3024 Reasons: Isolated area, Not accessible by Reasons: Secured Area, Extensive Tatalina Long Range Radar road, Isolated and remote; arctic deterioration. Site environment. Bldg. 646 Elmendorf AFB AK 99506–4420 Bldg. 1548, Galena Airport King Salmon Airport Landholding Agency: Air Force Elmendorf AFB AK 99506–4420 Naknek Co: Bristol Bay AK Property Number: 18199530001 Landholding Agency: Air Force Landholding Agency: Air Force Status: Unutilized Property Number: 18199420001 Property Number: 18199520015 Reasons: Secured Area, Extensive Status: Unutilized Status: Unutilized deterioration. Reasons: Floodway, Secured Area, Extensive Reasons: Secured Area, Extensive Bldg. 3045 deterioration. deterioration. Tatalina Long Range Radar Bldg. 1568, Galena Airport Bldg. 2541 Site Elmendorf AFB AK 99506–4420 Galena Airport Elmendorf AFB AK 99506–4420 Landholding Agency: Air Force Galena Co: Yukon AK Landholding Agency: Air Force Property Number: 18199420002 Landholding Agency: Air Force Property Number: 18199530002 Status: Unutilized Property Number: 18199520016 Status: Unutilized Reasons: Floodway, Secured Area, Extensive Status: Unutilized Reasons: Secured Area, Extensive deterioration. Reasons: Secured Area, Extensive deterioration. Bldg. 1570, Galena Airport deterioration. Bldg. 18 Elmendorf AFB AK 99506–4420 Bldg. 1770 Lonely Dewline Site Landholding Agency: Air Force Galena Airport Elmendorf ABF AK 99506–4420 Property Number: 18199420003 Galena Co: Yukon AK Landholding Agency: Air Force Status: Unutilized Landholding Agency: Air Force Property Number: 18199530003 Reasons: Floodway, Secured Area, Extensive Property Number: 18199520017 Status: Unutilized deterioration. Status: Unutilized Reasons: Secured Area, Extensive Bldg. 1700, Galena Airport, Elmendorf AFB Reasons: Secured Area, Extensive deterioration. AK 99506–420 deterioration. Bldg. 23 Landholding Agency: Air Force Bldg. 1 Lonely Dewline Site Property Number: 18199420004 Lonely Dewline Site Elmendorf AFB AK 99506–4420
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Landholding Agency: Air Force Barter Island Property Number: 18199740004 Property Number: 18199530004 Elmendorf AFB AK 99506–4420 Status: Unutilized Status: Unutilized Landholding Agency: Air Force Reasons: Secured Area, Extensive Reasons: Secured Area, Extensive Property Number: 18199530013 deterioration. deterioration. Status: Unutilized Bldg. 132 Bldg. 1015 Reasons: Secured Area, Extensive Tin City Long Range Radar Kotzebue Long Range Radar deterioration. Site Site Bldg. 75 Elmendorf AFB AK 99506–2270 Elmendorf AFB AK 99506–4420 Barter Island Landholding Agency: Air Force Landholding Agency: Air Force Elmendorf AFB AK 99506–4420 Property Number: 18199810003 Property Number: 18199530005 Landholding Agency: Air Force Status: Unutilized Status: Unutilized Property Number: 18199530014 Reasons: Secured Area, Extensive Reasons: Secured Area, Extensive Status: Unutilized deterioration. deterioration. Reasons: Secured Area, Extensive Bldgs. 1001, 211 Bldg. 1 deterioration. Murphy Dome AF Station Flaxman Island DEW Site Bldg. 86 Elmendorf AFB AK 99506–2270 Elmendorf AFB AK 99506–4420 Barter Island Landholding Agency: Air Force Landholding Agency: Air Force Elmendorf AFB AK 99506–4420 Property Number: 18199810004 Property Number: 18199530006 Landholding Agency: Air Force Status: Unutilized Status: Unutilized Property Number: 18199530015 Reasons: Secured Area, Extensive Reasons: Secured Area, Extensive Status: Unutilized deterioration. deterioration. Reasons: Secured Area, Extensive Bldg. 1551 Bldg. 2 deterioration. Galena Airport Flaxman Island DEW Site Bldg. 3060 Elmendorf AFB AK 99506–2270 Elmendorf AFB AK 99506–4420 Barter Island Landholding Agency: Air Force Landholding Agency: Air Force Elmendorf AFB AK 99506–4420 Property Number: 18199810030 Property Number: 18199530007 Landholding Agency: Air Force Status: Unutilized Status: Unutilized Property Number: 18199530016 Reasons: Within airport runway clear zone. Reasons: Secured Area, Extensive Status: Unutilized Bldg. 1771 deterioration. Reasons: Secured Area, Extensive Galena Airport Bldg. 3 deterioration. Elmendorf AFB AK 99506–2270 Flaxman Island DEW Site Bldg. 11–330 Landholding Agency: Air Force Elmendorf AFB AK 99506–4420 Elmendorf Air Force Base Property Number: 18199820001 Landholding Agency: Air Force Anchorage AK 99506–3240 Status: Unutilized Property Number: 18199530008 Landholding Agency: Air Force Reasons: Secured Area, Extensive Status: Unutilized Property Number: 18199530017 deterioration. Reasons: Secured Area, Extensive Status: Unutilized Bldg. 62–146 deterioration. Reasons: Within airport runway clear zone, Elmendorf AFB Bldg. 4100 Secured Area, Extensive deterioration. Anchorage AK 99506–3240 Cape Romanzof Long Range Bldg. 21–870 Landholding Agency: Air Force Radar Site Elmendorf Air Force Base Property Number: 18199830007 Elmendorf AFB AK 99506–4420 Anchorage AK 99506–3240 Status: Unutilized Landholding Agency: Air Force Landholding Agency: Air Force Reasons: Within 2000 ft. of flammable or Property Number: 18199530009 Property Number: 18199530019 explosive material, Secured Area. Status: Unutilized Status: Unutilized Bldg. 34–570 Reasons: Secured Area, Extensive Reason: Secured Area. Elmendorf AFB deterioration. Bldg. 31–342 Anchorage AK 99506–3240 Bldg. 200 Elmendorf Air Force Base Landholding Agency: Air Force Cape Newenham Long Range Anchorge AK 99506–3240 Property Number: 18199830008 Radar Site Landholding Agency: Air Force Status: Unutilized Elmendorf AFB AK 99506–4420 Property Number: 1819953022 Reasons: Within 2000 ft. of flammable or Landholding Agency: Air Force Status: Unutilized explosive material, Secured Area. Property Number: 18199530010 Reasons: Secured Area, Extensive Bldg. 3 Status: Unutilized deterioration. Oliktok Long Range Radar Site Reasons: Secured Area, Extensive Bldg. 32–126 Elmendorf AFB AK 99506–2270 deterioration. Elmendorf Air Force Base Landholding Agency: Air Force Bldg. 2166 Anchorage AK 99506–3240 Property Number: 18199840010 Cape Newenham Long Range Landholding Agency: Air Force Status: Unutilized Radar Site Property Number: 18199530023 Reasons: Secured Area, Extensive Elmendorf AFB AK 99506–4420 Status: Unutilized deterioration. Landholding Agency: Air Force Reasons: Within airport runway clear zone, Bldg. 8 Property Number: 18199530011 Secured Area, Extensive deterioration. Oliktok Long Range Radar Site Status: Unutilized Bldg. 221–737 Elmendorf AFB AK 99506–2270 Reasons: Extensive deterioration. Elmendorf Air Force Base Landholding Agency: Air Force Bldg. 5500 Anchorage AK 99506–5000 Property Number: 18199840011 Cape Newenham Long Range Landholding Agency: Air Force Status: Unutilized Radar Site Property Number: 18199540001 Reasons: Secured Area, Extensive Elmendorf AFB AK 99506–4420 Status: Unutilized deterioration. Landholding Agency: Air Force Reasons: Secured Area, Extensive Bldg. 19 Property Number: 18199530012 deterioration. Lonely Short Range Radar Site Status: Unutilized Bldg. 52–651 Elmendorf AFB AK 99506–2270 Reasons: Secured Area, Extensive Elmendorf AFB Landholding Agency: Air Force deterioration. Anchorage AK 99506–3240 Property Number: 18199840012 Bldg. 8 Landholding Agency; Air Force Status: Unutilized
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Reasons: Secured Area, Extensive clear zone, Secured Area, Extensive Landholding Agency: Air Force deterioration. deterioration. Property Number: 18199840030 Bldg. 20 Bldg. 34–638 Status: Unutilized Lonely Short Range Radar Site Elmendorf AFB Reasons: Secured Area, Extensive Elmendorf AFB AK 99506–2270 Anchorage AK 99506–3240 deterioration. Landholding Agency: Air Force Landholding Agency: Air Force Bldg. 223 Property Number: 18199840013 Property Number: 18199840022 Eareckson Air Station Status: Unutilized Status: Unutilized Shemya Island AK Reasons: Secured Area, Extensive Reasons: Within 2000 ft. of flammable or Landholding Agency: Air Force deterioration. explosive material, Within airport runway Property Number: 18199840031 Bldg. 338 clear zone, Secured Area, Extensive Status: Unutilized King Salmon Airport deterioration. Reasons: Secured Area, Extensive Naknek Co: Bristol Bay AK Bldg. 140 deterioration. Landholding Agency: Air Force Cape Lisburne Long Range Bldg. 452 Property Number: 18199840014 Radar Site Eareckson Air Station Status: Unutilized Elmendorf AFB AK 99506–3240 Shemya Island AK Reasons: Secured Area, Extensive Landholding Agency: Air Force Landholding Agency: Air Force deterioration. Property Number: 18199840023 Property Number: 18199840032 Bldg. 560 Status: Unutilized Status: Unutilized King Salmon Airport Reasons: Secured Area, Extensive Reasons: Secured Area, Extensive Naknek Co: Bristol Bay AK deterioration. deterioration. Landholding Agency: Air Force Bldg. 145 Bldg. 502 Property Number: 18199840015 Cape Lisburne Long Range Eareckson Air Station Status: Unutilized Radar Site Shemya Island AK Reasons: Secured Area, Extensive Elmendorf AFB AK 99506–3240 Landholding Agency: Air Force deterioration. Landholding Agency: Air Force Property Number: 18199840033 Bldg. 612 Property Number: 18199840024 Status: Unutilized King Salmon Airport Status: Unutilized Reasons: Secured Area, Extensive Naknek Co: Bristol Bay AK Reasons: Secured Area, Extensive deterioration. Landholding Agency: Air Force deterioration. Bldg. 503 Property Number: 18199840016 Bldg. 310 Eareckson Air Station Status: Unutilized Cape Lisburne Long Range Shemya Island AK Reasons: Secured Area, Extensive Radar Site Landholding Agency: Air Force deterioration. Elmendorf AFB AK 99506–3240 Property Number: 18199840034 Bldg. 618 Landholding Agency: Air Force Status: Unutilized King Salmon Airport Property Number: 18199840025 Reasons: Secured Area, Extensive Naknek Co: Bristol Bay AK Status: Unutilized deterioration. Landholding Agency: Air Force Reasons: Secured Area, Extensive Bldg. 522 Property Number: 18199840017 deterioration. Status: Unutilized Eareckson Air Station Reasons: Secured Area, Extensive Bldg. 27 Shemya Island AK deterioration. Eareckson Air Station Landholding Agency: Air Force Shemya Island, AK Property Number: 18199840035 Bldg. 643 Landholding Agency: Air Force Status: Unutilized King Salmon Airport Property Number: 18199840026 Reasons: Secured Area, Extensive Naknek Co: Bristol Bay AK Status: Unutilized deterioration. Landholding Agency: Air Force Reasons: Secured Area, Extensive Property Number: 18199840018 Bldg. 587 deterioration. Status: Unutilized Eareckson Air Station Reasons: Secured Area, Extensive Bldg. 30 Shemya Island AK deterioration. Eareckson Air Station Landholding Agency: Air Force Shemya Island AK Property Number: 18199840036 Bldg. 649 Landholding Agency: Air Force Status: Unutilized King Salmon Airport Property Number: 18199840027 Reasons: Secured Area, Extensive Naknek Co: Bristol Bay AK Status: Unutilized deterioration. Landholding Agency: Air Force Property Number: 18199840019 Reasons: Secured Area, Extensive Bldg. 588 Status: Unutilized deterioration. Eareckson Air Station Reasons: Secured Area, Extensive Bldg. 42 Shemya Island AK deterioration. Eareckson Air Station Landholding Agency: Air Force Bldg. 114 Shemya Island AK Property Number: 18199840037 Indian Mountain Long Range Landholding Agency: Air Force Status: Unutilized Radar Site Property Number: 18199840028 Reasons: Secured Area, Extensive Elmendorf AFB AK 99506–2270 Status: Unutilized deterioration. Landholding Agency: Air Force Reasons: Secured Area, Extensive Bldg. 598 Property Number: 18199840020 deterioration. Eareckson Air Station Status: Unutilized Bldg. 212 Shemya Island AK Reasons: Secured Area, Extensive Eareckson Air Station Landholding Agency: Air Force deterioration. Shemya Island AK Property Number: 18199840038 Bldg. 34–636 Landholding Agency: Air Force Status: Unutilized Elmendorf AFB Property Number: 18199840029 Reasons: Secured Area, Extensive Anchorage AK 99506–3240 Status: Unutilized deterioration. Landholding Agency: Air Force Reasons: Secured Area, Extensive Bldg. 605 Property Number: 18199840021 deterioration. Eareckson Air Station Status: Unutilized Bldg. 213 Shemya Island AK Reasons: Within 2000 ft. of flammable or Eareckson Air Station Landholding Agency: Air Force explosive material, Within airport runway Shemya Island AK Property Number: 18199840039
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Status: Unutilized Bldg. 731 Shemya Island AK Reasons: Secured Area, Extensive Eareckson Air Station Landholding Agency: Air Force deterioration. Shemya Island AK Property Number: 18199840058 Bldg. 613 Landholding Agency: Air Force Status: Unutilized Eareckson Air Station Property Number: 18199840049 Reasons: Secured Area, Extensive Shemya Island AK Status: Unutilized deterioration. Landholding Agency: Air Force Reasons: Secured Area, Extensive Bldg. 3063 Property Number: 18199840040 deterioration. Eareckson Air Station Status: Unutilized Bldg. 751 Shemya Island AK Reasons: Secured Area, Extensive Eareckson Air Station Landholding Agency: Air Force deterioration. Shemya Island AK Property Number: 18199840059 Bldg. 614 Landholding Agency: Air Force Status: Unutilized Eareckson Air Station Property Number: 18199840050 Reasons: Secured Area, Extensive Shemya Island AK Status: Unutilized deterioration. Landholding Agency: Air Force Reasons: Secured Area, Extensive Bldg. 32–189 Property Number: 18199840041 deterioration. Elmendorf Air Force Base Status: Unutilized Bldg. 753 Anchorage Co: AK 99506–3230 Reasons: Secured Area, Extensive Eareckson Air Station Landholding Agency: Air Force deterioration. Shemya Island AK Property Number: 18199920001 Bldg. 615 Landholding Agency: Air Force Status: Unutilized Eareckson Air Station Property Number: 18199840051 Reasons: Within 2000 ft. of flammable or Shemya Island AK Status: Unutilized explosive material, Secured Area, Landholding Agency: Air Force Reasons: Secured Area, Extensive Extensive deterioration. Property Number: 18199840042 deterioration. Bldg. 4893 Status: Unutilized Bldg. 1001 Elmendorf AFB Reasons: Secured Area, Extensive Eareckson Air Station Elmendorf AFB Co: AK 99506– deterioration. Shemya Island AK Landholding Agency: Air Force Bldg. 616 Landholding Agency: Air Force Property Number: 18199930001 Eareckson Air Station Property Number: 18199840052 Status: Unutilized Shemya Island AK Status: Unutilized Reasons: Within airport runway clear zone. Landholding Agency: Air Force Reasons: Secured Area, Extensive Bldg. 4905 Property Number: 18199840043 deterioration. Elmendorf AFB Status: Unutilized Bldg. 1005 Elmendorf AFB Co: AK 99506– Reasons: Secured Area, Extensive Eareckson Air Station Landholding Agency: Air Force deterioration. Shemya Island AK Property Number: 18199930002 Bldg. 617 Landholding Agency: Air Force Status: Unutilized Eareckson Air Station Property Number: 18199840053 Reasons: Within airport runway clear zone, Shemya Island AK Status: Unutilized Secured Area. Landholding Agency: Air Force Reasons: Secured Area, Extensive Bldg. 4913 Property Number: 18199840044 deterioration. Status: Unutilized Elmendorf AFB Reasons: Secured Area, Extensive Bldg. 1010 Elmendorf AFB Co: AK 99506– deterioration. Eareckson Air Station Landholding Agency: Air Force Shemya Island AK Property Number: 18199930003 Bldg. 624 Landholding Agency: Air Force Status: Unutilized Eareckson Air Station Property Number: 18199840054 Reasons: Within airport runway clear zone, Shemya Island AK Status: Unutilized Secured Area. Landholding Agency: Air Force Reasons: Secured Area, Extensive Property Number: 18199840045 Bldg. 5887 deterioration. Status: Unutilized Elmendorf AFB Reasons: Secured Area, Extensive Bldg. 1025 Elmendorf AFB Co: AK 99506– deterioration. Eareckson Air Station Landholding Agency: Air Force Shemya Island AK Property Number: 18199930004 Bldg. 700 Landholding Agency: Air Force Status: Unutilized Eareckson Air Station Property Number: 18199840055 Reasons: Within 2000 ft. of flammable or Shemya Island AK Landholding Agency: Air Force Status: Unutilized explosive material, Within airport runway Property Number: 18199840046 Reasons: Secured Area, Extensive clear zone, Secured Area. Status: Unutilized deterioration. Bldg. 10449 Reasons: Secured Area, Extensive Bldg. 1030 Elmendorf AFB deterioration. Eareckson Air Station Elmendorf AFB Co: AK 99506– Bldg. 718 Shemya Island AK Landholding Agency: Air Force Eareckson Air Station Landholding Agency: Air Force Property Number: 18199930005 Shemya Island AK Property Number: 18199840056 Status: Unutilized Landholding Agency: Air Force Status: Unutilized Reasons: Secured Area. Property Number: 18199840047 Reasons: Secured Area, Extensive Bldg. 12759 Status: Unutilized deterioration. Elmendorf AFB Reasons: Secured Area, Extensive Bldg. 3016 Elmendorf AFB Co: AK 99506– deterioration. Eareckson Air Station Landholding Agency: Air Force Bldg. 727 Shemya Island AK Property Number: 18199930006 Eareckson Air Station Landholding Agency: Air Force Status: Unutilized Shemya Island AK Property Number: 18199840057 Reasons: Within 2000 ft. of flammable or Landholding Agency: Air Force Status: Unutilized explosive material, Secured Area, Property Number: 18199840048 Reasons: Secured Area, Extensive Extensive deterioration. Status: Unutilized deterioration. Bldg. 28 Reasons: Secured Area, Extensive Bldg. 3062 USCG Support Center deterioration. Eareckson Air Station Kodiak Co: Kodiak Island AK 99619–5000
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Landholding Agency: DOT Bldg. R13, USCG ISC Kodiak Bldg. 100 Property Number: 87199210126 Holiday Beach Point Arena Air Force Station Status: Excess Kodiak Co: Kodiak Is. Borough AK 99619– (See Country) Co: Mendocino CA 95468– Reasons: Within airport runway clear zone, Landholding Agency: DOT 5000 Secured Area. Property Number: 87199720003 Landholding Agency: Air Force Bldg. 19 Status: Excess Property Number: 18199010233 USCG Support Center Reason: Secured Area. Status: Unutilized Kodiak Co: KOdiak Island AK 99619–5000 Bldg. 172, USCG ISC Kodiak Reason: Secured Area. Landholding Agency: DOT Nyman’s Pensinsula Bldg. 101 Property Number: 87199210128 Kodiak Co: Kodiak Is Bor AK 99619– Point Arena Air Force Station Status: Excess Landholding Agency: DOT (See County) Co: Mendocino CA 95468–5000 Reasons: Within airport runway clear zone, Property Number: 87199720004 Landholding Agency: Air Force Extensive deterioration, Secured Area. Status: Unutilized Property Number: 18199010234 Bldg. 18 Reason: Secured Area. Status: Underutilized USCG Support Center Bldg. 160, USCG ISC Kodiak Reason: Secured Area. Kodiak Co: Kodiak Island AK 99619–5000 Comsta/Buskin Lake Bldg. 116 Landholding Agency: DOT Kodiak Co: Kodiak IS Bor AK 99619– Point Arena Air Force Station Property Number: 87199210132 Landholding Agency: DOT (See County) Co: Mendocino CA 95468–5000 Status: Excess Property Number: 87199720005 Landholding Agency: Air Force Reasons: Within airport runway clear zone, Status: Excess Property Number: 18199010235 Secured Area Reasons: Secured Area, Extensive Status: Unutilized GSA Number: U–ALAS–655A. deterioration. Reason: Secured Area. Bldg. A512 Arizona Bldg. 202 USCG Support Center Point Arena Air Force Station Kodiak Co: Kodiak Island AK 99619–5000 Facility 90002 (See County) Co: Mendocino CA 95468–5000 Landholding Agency: DOT Holbrook Radar Site Landholding Agency: Air Force Property Number: 87199210133 Holbrook Co: Navajo AZ 86025– Property Number: 18199010236 Status: Excess Landholding Agency: Air Force Status: Unutilized Reasons: Within 2000 ft. of flammable or Property Number: 18199340049 Reason: Secured Area. explosive material, Secured Area. Status: Unutilized Bldg. 201 Bldg. R1, Holiday Beach Reason: With airport runway clear zone. Vandenberg Air Force Base U.S. Coast Guard Support Center Point Arguello Kodiak Co: Kodiak Island AK 99619–5014 Arkansas Vandenberg AFB Co: Santa Barbara CA Landholding Agency: DOT Dwelling 93437– Property Number: 87199310014 Bull Shoals Lake/Dry Run Road Location: Highway 1, Highway 246, Coast Status: Unutilized Okland Co: Marion AR 72661– Road, Pt Sal Road, Miguelito Cyn. Reason: Secured Area. Landholding Agency: COE Landholding Agency: Air Force Bldg. S–3 Property Number: 31199820001 Property Number: 18199010546 U.S. Coast Guard Support Center Status: Unutilized Status: Unutilized Kodiak Co: Kodiak Island AK 99619–5014 Reason: Extensive deterioration. Reason: Secured Area. Landholding Agency: DOT Bldg. 202 Property Number: 87199310015 California Vandenberg Air Force Base Status: Unutilized Bldg. 707 63 ABG/DE Point Arguello Reason: Secured Area. Norton Air Force Base Vandenberg AFB Co: Santa Barbara CA Bldg. S–16 Norton Co: San Bernadino CA 92409–5045 93437– U.S. Coast Guard Support Center Landholding Agency: Air Force Location: Highway 1, Highway 246, Coast Kodiak Co: Kodiak Island AK 99619–5014 Property Number: 18199010193 Road, Pt Sal Road, Miguelito Cyn. Landholding Agency: DOT Status: Excess Landholding Agency: Air Force Property Number: 87199310016 Reason: Within 2000 ft. of flammable or Property Number: 18199010547 Status: Unutilized explosive material, Secured Area. Status: Unutilized Reason: Secured Area. Bldg. 575 63 ABG/DE Reason: Secured Area. Bldg. 624 Norton Air Force Base Bldg. 203 U.S. Coast Guard Support Center Norton Co: San Bernadino CA 92409–5045 Vandenberg Air Force Base Kodiak Co: Kodiak Island AK 99619–5014 Landholding Agency: Air Force Point Arguello Landholding Agency: DOT Property Number: 18199010195 Vandenberg AFB Co: Santa Barbara CA Property Number: 87199310021 Status: Excess 93437– Status: Unutilized Reason: Within 2000 ft. of flammable or Location: Highway 1, Highway 246, Coast Reasons: Within airport runway clear zone, explosive material. Road, Pt Sal Road, Miguelito Cyn. Secured Area. Bldg. 502 63 ABG/DE Landholding Agency: Air Force Bldg. 456 Norton Air Force Base Property Number: 18199010548 Coast Guard—ISC Kodiak Norton Co: San Bernadino CA 92409–5045 Status: Unutilized Kodiak Co: Kodiak Borough AK 99615– Landholding Agency: Air Force Reason: Secured Area. Landholding Agency: DOT Property Number: 18199010196 Bldg. 204 Property Number: 87199710002 Status: Excess Vandenberg Air Force Base Status: Excess Reason: Within 2000 ft. of flammable or Point Arguello Reasons: Within airport runway clear zone, explosive material, Secured Area. Vandenberg AFB Co: Santa Barbara CA Secured Area, Extensive deterioration. Bldg. 23 63 ABG/DE 93437– Bldg. 524A Norton Air Force Base Location: Highway 1, Highway 246, Coast USCG ISC Kodiak Norton Co: San Bernadino CA 92409–5045 Road, Pt Sal Road, Miguelito Cyn. Kodiak Co: Kodiak Is. Borough AK 99619– Landholding Agency: Air Force Landholding Agency: Air Force Landholding Agency: DOT Property Number: 18199010197 Property Number: 18199010549 Property Number: 87199710004 Status: Excess Status: Unutilized Status: Excess Reason: Within 2000 ft. of flammable or Reason: Secured Area. Reasons: Floodway, Secured Area. explosive material, Secured Area. Bldg. 1823
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Vandenberg Air Force Base Landholding Agency: Air Force Landholding Agency: Air Force Vandenberg AFB Co: Santa Barbara CA Property Number: 18199340008 Property Number: 18199530031 93437– Status: Unutilized Status: Unutilized Location: Highway 1, Highway 246, Coast Reason: Secured Area. Reasons: Secured Area, Extensive Road, Pt Sal Road, Miguelito Cyn. Bldg. 6443 deterioration. Landholding Agency: Air Force Vandenberg Air Force Base Bldg. 480 Property Number: 18199130360 Vandenberg AFB Co: Santa Barbara CA Vandenberg Air Force Base Status: Excess 93437– Vandenberg AFB Co: Santa Barbara CA Reasons: Within 2000 ft. of flammable or Landholding Agency: Air Force 93437– explosive material Secured Area. Property Number: 18199340020 Landholding Agency: Air Force Bldg. 10312 Status: Unutilized Property Number: 18199530032 Vandenberg Air Force Base Reason: Secured Area. Status: Unutilized Vandenberg AFB Co: Santa Barbara CA Bldg. 7306 Reason: Secured Area, Extensive 93437– Vandenberg Air Force Base deterioration. Landholding Agency: Air Force Vandenberg AFB Co: Santa Barbara CA Bldg. 6606 Property Number: 18199210026 93437– Vandenberg Air Force Base Status: Unutilized Landholding Agency: Air Force Vandenberg AFB Co: Santa Barbara CA Reason: Secured Area. Property Number: 18199340022 93437– Bldg. 16104, Vandenberg AFB Status: Unutilized Landholding Agency: Air Force Vandenberg Co: Santa Barbara CA 93437– Reason: Secured Area. Property Number: 18199530037 Location: Hwy 1, Hwy 246; Coast Rd., Pt Sal Bldg. 16164 Status: Unutilized Rd.; Miguelito Cyn Vandenberg Air Force Base Reasons: Secured Area, Extensive Landholding Agency: Air Force Vandenberg AFB Co: Santa Barbara CA deterioration. Property Number: 18199230020 93437– Bldg. 7307 Status: Underutilized Landholding Agency: Air Force Vandenberg Air Force Base Reason: Secured Area. Property Number: 18199340028 Vandenberg AFB Co: Santa Barbara CA Bldg. 5428, Vandenberg AFB Status: Unutilized 93437– Vandenberg Co: Santa Barbara CA 93437– Reason: Secured Area. Landholding Agency: Air Force Landholding Agency: Air Force Bldg. 6521 Property Number: 18199530039 Property Number: 18199310015 Vandenberg Air Force Base Status: Unutilized Status: Unutilized Vandenberg AFB Co: Santa Barbara CA Reasons: Secured Area, Extensive Reason: Secured Area. 93437– deterioration. Bldg. 7304, Vandenberg AFB Landholding Agency: Air Force Bldg. 10717 Vandenberg Co: Santa Barbara CA 93437– Property Number: 18199410004 Vandenberg Air Force Base Landholding Agency: Air Force Status: Unutilized Vandenberg AFB Co: Santa Barbara CA Property Number: 18199310030 Reason: Secured Area. 93437– Status: Unutilized Bldg. 908 Landholding Agency: Air Force Reason: Secured Area. Vandenberg Air Force Base Property Number: 18199530041 Bldg. 8215 Vandenberg AFB Co: Santa Barbara CA Status: Unutilized Vandenberg Air Force Base 93437– Reasons: Secured Area, Extensive Vandenberg AFB Co: Santa Barbara CA Landholding Agency: Air Force deterioration. 93437– Property Number: 18199520018 Bldg. 10722 Landholding Agency: Air Force Status: Excess Vandenberg Air Force Base Property Number: 18199330016 Reason: Detached Latrine Vandenberg AFB Co: Santa Barbara CA Status: Unutilized Bldg. 13004 93437– Reason: Secured Area. Vandenberg Air Force Base Landholding Agency: Air Force Bldg. 1988 Vandenberg AFB Co: Santa Barbara CA Property Number: 18199530043 Vandenberg Air Force Base 93437– Status: Unutilized Vandenberg AFB Co: Santa Barbara CA Landholding Agency: Air Force Reasons: Secured Area, Extensive 93437– Property Number: 18199520022 deterioration. Landholding Agency: Air Force Status: Excess Bldg. 13213 Property Number: 181993340003 Reasons: Secured Area, Extensive Vandenberg Air Force Base Status: Unutilized deterioration Vandenberg AFB Co: Santa Barbara CA Reason: Electrical Power Generator Bldg. Bldg. 422 93437– Secured Area. Vandenberg Air Force Base Landholding Agency: Air Force Bldg. 1324 Vandenberg AFB Co: Santa Barbara CA Property Number: 18199530044 Vandenberg Air Force Base 93437– Status: Unutilized Vandenberg AFB Co: Santa Barbara CA Landholding Agency: Air Force Reasons: Secured Area, Extensive 93437– Property Number: 18199530029 deterioration. Landholding Agency: Air Force Status: Unutilized Bldg. 893 Property Number: 18199340006 Reasons: Secured Area, Extensive Vandenberg AFB Status: Unutilized deterioration Vandenberg AFB Co: Santa Barbara CA Reason: Secured Area. Bldg. 431 93437– Bldg. 1341 Vandenberg Air Force Base Landholding Agency: Air Force Vandenberg Air Force Base Vandenberg AFB Co: Santa Barbara CA Property Number: 18199530043 Vandenberg AFB Co: Santa Barbara CA 93437– Status: Unutilized 93437– Landholding Agency: Air Force Reasons: Secured Area, Extensive Landholding Agency: Air Force Property Number: 18199530030 deterioration. Property Number: 18199340007 Status: Unutilized Bldg. 9350 Status: Unutilized Reasons: Secured Area, Extensive Vandenberg AFB Reason: Secured Area. deterioration. Vandenberg AFB Co: Santa Barbara CA Bldg. 1955 Bldg. 470 93437– Vandenberg Air Force Base Vandenberg Air Force Base Landholding Agency: Air Force Vandenberg AFB Co: Santa Barbara CA Vandenberg AFB Co: Santa Barbara CA Property Number: 18199620030 93437– 93437– Status: Unutilized
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Reasons: Secured Area, Extensive Bldg. 1875 Vandenberg AFB Co: Santa Barbara CA deterioration. Vandenberg AFB 93437– Bldg. 13003 Vandenberg AFB Co: Santa Barbara CA Landholding Agency: Air Force Vandenberg AFB 93437– Property Number: 18199710016 Vandenberg AFB Co: Santa Barbara CA Landholding Agency: Air Force Status: Unutilized 93437– Property Number: 18199630046 Reasons: Secured Area, Extensive Landholding Agency: Air Force Status: Unutilized deterioration. Property Number: 18199620031 Reasons: Secured Area, Extensive Bldg. 21300 Status: Unutilized deterioration. Vandenberg AFB Reasons: Secured Area, Extensive Bldg. 1877 Vandenberg AFB Co: Santa Barbara CA deterioration. Vandenberg AFB 93437– Bldg. 13222 Vandenberg AFB Co: Santa Barbara CA Landholding Agency: Air Force Vandenberg AFB 93437– Property Number: 18199710020 Vandenberg AFB Co: Santa Barbara CA Landholding Agency: Air Force Status: Unutilized 93437– Property Number: 18199630047 Reasons: Secured Area, Extensive Landholding Agency: Air Force Status: Unutilized deterioration. Property Number: 18199620032 Reasons: Secured Area, Extensive Bldg. 00835 Status: Unutilized deterioration. Vandenberg AFB Reasons: Secured Area, Extensive Bldg. 1879 Vandenberg AFB Co: Santa Barbara CA deterioration. Vandenberg AFB 93437– Bldg. 815 Vandenberg AFB Co: Santa Barbara CA Landholding Agency: Air Force Vandenberg AFB 93437– Property Number: 18199720008 Vandenberg AFB Co: Santa Barbara CA Landholding Agency: Air Force Status: Unutilized 93437– Property Number: 18199630048 Reasons: Secured Area, Extensive Landholding Agency: Air Force Status: Unutilized deterioration. Property Number: 18199630040 Reasons: Secured Area, Extensive Bldg. 00879 Status: Unutilized deterioration. Vandenberg AFB Reasons: Secured Area, Extensive Bldg. 1885 Vandenberg AFB Co: Santa Barbara CA deterioration. Vandenberg AFB 93437– Bldg. 1850 Vandenberg AFB Co: Santa Barbara CA Landholding Agency: Air Force Vandenberg AFB 93437– Property Number: 18199720009 Vandenberg AFB Co: Santa Barbara CA Landholding Agency: Air Force Status: Unutilized 93437– Property Number: 18199630049 Reasons: Secured Area, Extensive Landholding Agency: Air Force Status: Unutilized deterioration. Property Number: 18199630041 Reasons: Secured Area, Extensive Bldg. 01630 Status: Unutilized deterioration. Vandenberg AFB Reasons: Secured Area, Extensive Bldg. 1898 Vandenberg AFB Co: Santa Barbara CA deterioration. Vandenberg AFB 93437– Bldg. 1853 Vandenberg AFB Co: Santa Barbara CA Landholding Agency: Air Force Vandenberg AFB 93437– Property Number: 18199720011 Vandenberg AFB Co: Santa Barbara CA Landholding Agency: Air Force Status: Unutilized 93437– Property Number: 18199630050 Reasons: Secured Area, Extensive Landholding Agency: Air Force Status: Unutilized deterioration. Property Number: 18199630042 Reasons: Secured Area, Extensive Bldg. 01797 Status: Unutilized deterioration. Vandenberg AFB Reasons: Secured Area, Extensive Bldg. 06445 Vandenberg AFB Co: Santa Barbara CA deterioration. Vandenberg AFB 93437– Bldg. 1856 Vandenberg AFB Co: Santa Barbara CA Landholding Agency: Air Force Vandenberg AFB 93437– Property Number: 18199720012 Vandenberg AFB Co: Santa Barbara CA Landholding Agency: Air Force Status: Unutilized 93437– Property Number: 18199630052 Reasons: Secured Area, Extensive Landholding Agency: Air Force Status: Unutilized deterioration. Property Number: 18199630043 Reasons: Secured Area, Extensive Bldg. 01830 Status: Unutilized deterioration. Vandenberg AFB Reasons: Secured Area, Extensive Bldg. 21160 Vandenberg AFB Co: Santa Barbara CA deterioration. Vandenberg AFB 93437– Bldg. 1865 Vandenberg AFB Co: Santa Barbara CA Landholding Agency: Air Force Vandenberg AFB 93437– Property Number: 18199720013 Vandenberg AFB Co: Santa Barbara CA Landholding Agency: Air Force Status: Unutilized 93437– Property Number: 18199630055 Reasons: Secured Area, Extensive Landholding Agency: Air Force Status: Unutilized deterioration. Property Number: 18199630044 Reasons: Secured Area, Extensive Bldg. 01852 Status: Unutilized deterioration. Vandenberg AFB Reasons: Secured Area, Extensive Bldg. 06437 Vandenberg AFB Co: Santa Barbara CA deterioration. Vandenberg AFB 93437– Bldg. 1874 Vandenberg AFB Co: Santa Barbara CA Landholding Agency: Air Force Vandenberg AFB 93437– Property Number: 18199720014 Vandenberg AFB Co: Santa Barbara CA Landholding Agency: Air Force Status: Unutilized 93437– Property Number: 18199710014 Reasons: Secured Area, Extensive Landholding Agency: Air Force Status: Unutilized deterioration. Property Number: 18199630045 Reasons: Secured Area, Extensive Bldg. 10003 Status: Unutilized deterioration. Vandenberg AFB Reasons: Secured Area, Extensive Bldg. 10715 Vandenberg AFB Co: Santa Barbara CA deterioration. Vandenberg AFB 93437–
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Landholding Agency: Air Force Status: Unutilized Bldg. 11167 Property Number: 18199720016 Reasons: Secured Area. Vandenberg AFB Status: Unutilized Bldg. 08412 Co: Santa Barbara CA 93437– Reasons: Secured Area, Extensive Vandenberg AFB Landholding Agency: Air Force deterioration. Vandenberg AFB Co: Santa Barbara CA Property Number: 18199820007 Bldg. 10252 93437– Status: Unutilized Vandenberg AFB Landholding Agency: Air Force Reasons: Secured Area, Extensive Vandenberg AFB Co: Santa Barbara CA Property Number: 18199740006 deterioration 93437– Status: Unutilized Bldg. 11168 Landholding Agency: Air Force Reasons: Secured Area. Vandenberg AFB Property Number: 18199720017 Bldg. 11153 Co: Santa Barbara CA 93437– Status: Unutilized Vandenberg AFB Landholding Agency: Air Force Reasons: Secured Area, Extensive Vandenberg AFB Co: Santa Barbara CA Property Number: 18199820008 deterioration. 93437– Status: Unutilized Bldg. 11345 Landholding Agency: Air Force Reasons: Secured Area, Extensive Vandenberg AFB Property Number: 18199740007 deterioration Vandenberg AFB Co: Santa Barbara CA Status: Unutilized Soil & Materials Testing Lab 93437– Reasons: Secured Area. Sausalito Co: CA 00000– Landholding Agency: Air Force Bldg. 11154 Landholding Agency: COE Property Number: 18199720019 Vandenberg AFB Property Number: 31199920002 Status: Unutilized Vandenberg AFB Co: Santa Barbara CA Status: Excess Reasons: Secured Area, Extensive 93437– Reason: Contamination deterioration. Landholding Agency: Air Force Parker Dam Govt Housing Camp Property Number: 18199740008 Bldg. 13600 Township 2 North Status: Unutilized Vandenberg AFB San Bernardino Co: CA 92401– Reasons: Secured Area, Extensive Landholding Agency: Interior Vandenberg AFB Co: Santa Barbara CA deterioration. 93437– Property Number: 61199930001 Landholding Agency: Air Force Bldgs. 2–11, 20–21 Status: Excess Property Number: 18199720021 Edwards AFB Reason: Extensive deterioration Status: Unutilized P-Area Housing Bldgs. 40, 62 Edwards AFB Co: Kern CA 93524– Reasons: Secured Area, Extensive Naval Air Station, North Island Landholding Agency: Air Force deterioration. Imperial Beach Co: CA 91932– Property Number: 18199810029 Bldg. 14019 Landholding Agency: Navy Status: Unutilized Property Number: 77199930024 Vandenberg AFB Reasons: Extensive deterioration. Vandenberg AFB Co: Santa Barbara CA Status: Excess Bldg. 00907 Reasons: Secured Area, Extensive 93437– Vandenberg AFB Landholding Agency: Air Force deterioration Co: Santa Barbara CA 93437– 10 Bldg. Property Number: 18199720022 Landholding Agency: Air Force Status: Unutilized USCG Station Humboldt Bay Property Number: 18199820002 Samoa Co: Humboldt CA 95564–9999 Reasons: Secured Area, Extensive Status: Unutilized deterioration. Landholding Agency: DOT Reasons: Secured Area, Extensive Property Number: 87199440027 Bldg. 14026 deterioration. Status: Excess Vandenberg AFB Bldg. 1681 Reason: Extensive deterioration. Vandenberg AFB Co: Santa Barbara CA Vandenberg AFB Comment: Land to be relinquished to BLM 93437– Co: Santa Barbara CA 93437– (Public Domain Land). Landholding Agency: Air Force Landholding Agency: Air Force Bldg. T102 Property Number: 18199720023 Property Number: 18199820003 Status: Unutilized U.S.C.G. Training Center Status: Unutilized Petaluma Co: Sonoma CA 94952– Reasons: Secured Area, Extensive Reasons: Secured Area, Extensive deterioration. Landholding Agency: DOT deterioration. Property Number: 87199830001 Bldg. 16162 Bldg. 01839 Status: Unutilized Vandenberg AFB Vandenberg AFB Reason: Within 2000 ft. of flammable or Vandenberg AFB Co: Santa Barbara CA Co: Santa Barbara CA 93437– explosive material. 93437– Landholding Agency: Air Force Colorado Landholding Agency: Air Force Property Number: 18199820004 Property Number: 18199720024 Status: Unutilized Bldg. 00910 Status: Unutilized Reasons: Secured Area Extensive ‘‘Blue Barn’’—Falcon Air Force Base Reasons: Secured Area, Extensive deterioration. Falcon Co: El Paso CO 80912– deterioration. Bldg. 06519 Landholding Agency: Air Force Bldg. 22300 Vandenberg AFB Property Number: 18199530046 Vandenberg AFB Co: Santa Barbara CA 93437– Status: Underutilized Vandenberg AFB Co: Santa Barbara CA Landholding Agency: Air Force Reason: Secured Area. 93437– Property Number: 18199820005 Bldg. 1007 Landholding Agency: Air Force Status: Unutilized U.S. Air Force Academy Property Number: 18199730002 Reasons: Secured Area, Extensive Colorado Springs Co: El Paso CO 80814–2400 Status: Unutilized deterioration. Landholding Agency: Air Force Reasons: Secured Area, Extensive Bldg. 06526 Property Number: 18199730003 deterioration. Vandenberg AFB Status: Underutilized Bldg. 01310 Co: Santa Barbara CA 93437– Reasons: Within 2000 ft. of flammable or Vandenberg AFB Landholding Agency: Air Force explosive material; Secured Area; Vandenberg AFB Co: Santa Barbara CA Property Number: 18199820006 Extensive deterioration. 93437– Status: Unutilized Bldg. 1008 Landholding Agency: Air Force Reasons: Secured Area, Extensive U.S. Air Force Academy Property Number: 18199740005 deterioration Colorado Springs Co: El Paso CO 80814–2400
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Landholding Agency: Air Force Airport 23 Family Housing Property Number: 18199730004 East Granby Co: Hartford CT 06026–9309 MacDill Auxiliary Airfield Status: Underutilized Landholding Agency: Air Force No. 1 Reasons: Within 2000 ft. of flammable or Property Number: 18199640004 Avon Park Co: Polk FL 33825– explosive material; Secured Area; Status: Unutilized Location: Include Bldgs: 448, 451 thru 470, Extensive deterioration. Reason: Within 2000 ft. of flammable or 472 and 474 Bldg. 9214 explosive material. Landholding Agency: Air Force U.S. Air Force Academy Bldg. 4 Property Number: 18199520006 Colorado Springs Co: El Paso CO 80814–2400 Bradley International Status: Excess Landholding Agency: Air Force Airport Reason: Within airport runway clear zone. Property Number: 18199730012 East Granby Co: Hartford CT 06026–9309 Bldg. 240 Status: Underutilized Landholding Agency: Air Force MacDill Auxiliary Airfield Reasons: Within airport runway clear zone; Property Number: 18199640005 No. 1 Secured Area. Status: Unutilized Avon Park Co: Polk FL 33825– Bldg. 7067 Reason: Within 2000 ft. of flammable or Landholding Agency: Air Force USAF Academy explosive material. Property Number: 18199520007 Co: El Paso CO 80840– Hezekiah S. Ramsdell Farm Status: Excess Landholding Agency: Air Force West Thompson Lake Reason: Extensive deterioration. Property Number: 18199810005 North Grosvenordale Co: Windham CT Bldg. 243 Status: Unutilized 06255–9801 Eglin Air Force Base Reason: Extensive deterioration. Landholding Agency: COE Eglin AFB Co: Okaloosa FL 32542–5000 Bldg. 8222 Property Number: 31199740001 Landholding Agency: Air Force USAF Academy Status: Unutilized Property Number: 18199540002 Co: El Paso CO 80840– Reasons: Floodway Extensive deterioration. Status: Unutilized Landholding Agency: Air Force DG1–DG8, DG10–DG–27 Reasons: Secured Area, Extensive Property Number: 18199810006 Dolphin Gardens deterioration. Status: Unutilized Naval Submarine Base New London Bldg. 510 Reason: Extensive deterioration. Groton Co: New London CT 06349– Eglin Air Force Base Bldg. 9200 Landholding Agency: Navy Eglin AFB Co: Okaloosa FL 32542–5000 USAF Academy Property Number: 77199930025 Landholding Agency: Air Force Co: El Paso CO 80840– Status: Unutilized Property Number: 18199540003 Landholding Agency: Air Force Reason: Extensive deterioration. Status: Unutilized Property Number: 18199810007 Falkner Island Light Reasons: Secured Area, Extensive Status: Unutilized U.S. Coast Guard deterioration. Reasons: Within airport runway clear zone; Guilford Co: New Haven CT 06512– Bldg. 521 Secured Area. Landholding Agency: DOT Eglin Air Force Base Bldg. 888 Property Number: 87199240031 Eglin AFB Co: Okaloosa FL 32542–5000 Rocky Flats Environmental Status: Unutilized Landholding Agency: Air Force Tech site Reason: Floodway. Property Number: 18199540004 Golden Co: Jefferson CO 80020– Florida Status: Unutilized Landholding Agency: Energy Bldg. 1179 Reasons: Secured Area, Extensive Property Number: 41199930001 deterioration. Status: Unutilized Patrick Air Force Base Reasons: Within 2000 ft. of flammable or 1179 School Avenue Bldg. 872 explosive material, Secured Area. Co: Brevard FL 32935– Eglin Air Force Base Landholding Agency: Air Force Eglin AFB Co: Okaloosa FL 32542–5000 Alemeda Facility Property Number: 18199240030 Landholding Agency: Air Force 350 S. Santa Fe Drive Status: Unutilized Property Number: 18199540005 Denver Co: Denver CO 80223– Reasons: Extensive Deterioration, Secured Status: Unutilized Landholding Agency: DOT Area. Reasons: Secured Area, Extensive Property Number: 87199010014 deterioration. Status: Unutilized Bldg. 575 Reason: Other environmental. Patrick Air Force Base Bldg. 30004 Comment: Contamination. Co: Brevard FL 32925– Eglin Air Force Base Landholding Agency: Air Force Eglin AFB Co: Okaloosa FL 32542–5000 Connecticut Property Number: 18199320004 Landholding Agency: Air Force Bldg. 13 Status: Unutilized Property Number: 18199540006 Bradley International Reasons: Within 2000 ft. of flammable or Status: Unutilized Airport explosive material, Within airport runway Reasons: Secured Area, Extensive East Granby Co: Hartford CT 06026–9309 clear zone, Extensive Deterioration, deterioration. Landholding Agency: Air Force Secured Area. Bldg. 12513 Property Number: 18199640002 Facility 90523 Eglin Air Force Base Status: Unutilized Cape Canaveral AFS Eglin AFB Co: Okaloosa FL 32542–5000 Reasons: Within 2000 ft. of flammable or Cape Canaveral AFS Co: Brevard FL Landholding Agency: Air Force explosive material, Secured Area. Landholding Agency: Air Force Property Number: 18199540007 Bldg. 10 Property Number: 18199330001 Status: Unutilized Bradley International Status: Underutilized Reasons: Secured Area, Extensive Airport Reason: Secured Area. deterioration. East Granby Co: Hartford CT 06026–9309 Bldg. 921 Facility 36901 Landholding Agency: Air Force Patrick Air Force Base Cape Canaveral Air Station Property Number: 18199640003 Co: Brevard FL 32925– Cape Canaveral Co: Brevard FL 32925– Status: Unutilized Landholding Agency: Air Force Landholding Agency: Air Force Reasons: Within 2000 ft. of flammable or Property Number: 18199430002 Property Number: 18199640006 explosive material, Secured Area. Status: Unutilized Status: Unutilized Bldg. 5 Reasons: Within 2000 ft. of flammable or Reasons: Secured Area, Extensive Bradley International explosive material, Secured Area. deterioration.
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Facility 8816 Facility No. 1346 Eglin AFB Co: Okaloosa FL 32542–5133 Cape Canaveral Air Station Cape Canaveral Air Station Landholding Agency: Air Force Cape Canaveral Co: Brevard FL 32925– Cape Canaveral AS Co: Brevard FL 32925– Property Number: 18199710044 Landholding Agency: Air Force Landholding Agency: Air Force Status: Unutilized Property Number: 18199640007 Property Number: 18199710029 Reason: Extensive deterioration. Status: Unutilized Status: Unutilized Bldg. 895, Eglin AFB Reasons: Within 2000 ft. of flammable or Reason: Secured Area. Eglin AFB Co: Okaloosa FL 32542–5133 explosive material, Secured Area. Facility No. 1348 Landholding Agency: Air Force Bldg. 12734, Eglin AFB Cape Canaveral Air Station Property Number: 18199710045 Eglin AFB Co: Okaloosa FL 32542–5133 Cape Canaveral AS Co: Brevard FL 32925– Status: Unutilized Landholding Agency: Air Force Landholding Agency: Air Force Reason: Extensive deterioration. Property Number: 18199640011 Property Number: 18199710030 Facility No. 90520 Status: Unutilized Status: Unutilized Cape Canaveral AS Reason: Secured Area. Reason: Secured Area. Cape Canaveral Co: Brevard FL 32925– Bldg. 12708, Eglin AFB Facility No. 7805 Landholding Agency: Air Force Eglin AFB Co: Okaloosa FL 32542–5133 Cape Canaveral Air Station Property Number: 18199720038 Landholding Agency: Air Force Cape Canaveral AS Co: Brevard FL 32925– Status: Underutilized Property Number: 18199640012 Landholding Agency: Air Force Reason: Secured Area. Status: Unutilized Property Number: 18199710031 Bldg. 312, Patrick AFB Reasons: Secured Area, Extensive Status: Unutilized Co: Brevard FL 32925– deterioration. Reason: Secured Area. Landholding Agency: Air Force Bldg. 307 Facility No. 7850 Property Number: 18199720039 Patrick Air Force Base Cape Canaveral Air Station Status: Unutilized Patrick AFB Co: Brevard FL Cape Canaveral AS Co: Brevard FL 32925– Reasons: Secured Area, Extensive Landholding Agency: Air Force Landholding Agency: Air Force deterioration. Property Number: 18199710022 Property Number: 18199710032 Bldg. 10686 Status: Unutilized Status: Unutilized Elgin AFB Reason: Secured Area. Reason: Secured Area. Elgin AFB Co: Okaloosa FL 32542–5133 Bldg. 315 Facility No. 10831 Landholding Agency: Air Force Patrick Air Force Base Cape Canaveral Air Station Property Number: 18199740001 Patrick AFB Co: Brevard FL Cape Canaveral, AS Co: Brevard FL 32925– Status: Unutilized Landholding Agency: Air Force Landholding Agency: Air Force Reasons: Secured Area, Extensive Property Number: 18199710023 Property Number: 18199710033 deterioration. Status: Unutilized Status: Unutilized Bldg. 10563 Reason: Secured Area. Reason: Secured Area. Elgin AFB Bldg. 317 Facility No. 15500 Elgin AFB Co: Okaloosa FL 32542–5133 Patrick Air Force Base Cape Canaveral Air Station Landholding Agency: Air Force Patrick AFB Co: Brevard FL Cape Canaveral, AS Co: Brevard FL 32925– Property Number: 18199740002 Landholding Agency: Air Force Landholding Agency: Air Force Status: Unutilized Property Number: 18199710024 Property Number: 18199710034 Reasons: Secured Area, Extensive Status: Unutilized Status: Unutilized deterioration. Reasons: Secured Area, Extensive Reasons: Secured Area, Extensive Bldg. 10352 deterioration. deterioration. Elgin AFB Bldg. 318 Facility No. 39764 Elgin AFB Co: Okaloosa FL 32542–5133 Patrick Air Force Base Cape Canaveral Air Station Landholding Agency: Air Force Patrick AFB Co: Brevard FL Cape Canaveral, AS Co: Brevard FL 32925– Property Number: 18199740003 Landholding Agency: Air Force Landholding Agency: Air Force Status: Unutilized Property Number: 18199710025 Property Number: 18199710035 Reasons: Secured Area, Extensive Status: Unutilized Status: Unutilized deterioration. Reasons: Secured Area, Extensive Reason: Secured Area. Fac. No. 09010 deterioration. Facility No. 70580 Cape Canaveral Air Station Bldg. 324 Cape Canaveral Air Station Cape Canaveral Co: Brevard FL 32925– Patrick Air Force Base Cape Canaveral, AS Co: Brevard FL 32925– Landholding Agency: Air Force Patrick AFB Co: Brevard FL Landholding Agency: Air Force Property Number: 18199810008 Landholding Agency: Air Force Property Number: 18199710036 Status: Unutilized Property Number: 18199710026 Status: Unutilized Reasons: Secured Area. Status: Unutilized Reasons: Secured Area, Extensive Fac. No. 15832 Reasons: Secured Area, Extensive deterioration. Cape Canaveral Air Station deterioration. Facility No. 70662 Cape Canaveral Co: Brevard FL 32925– Facility No. 1114 Cape Canaveral Air Station Landholding Agency: Air Force Cape Canaveral Air Station Cape Canaveral, AS Co: Brevard FL 32925– Property Number: 18199810009 Cape Canaveral AS Co: Brevard FL 32925– Landholding Agency: Air Force Status: Unutilized Landholding Agency: Air Force Property Number: 18199710037 Reasons: Secured Area. Property Number: 18199710027 Status: Unutilized Bldg. 744 Status: Unutilized Reasons: Secured Area, Extensive Elgin AFB Reasons: Secured Area, Extensive deterioration. Co: Okaloosa FL 32542–5133 deterioration. Facility No. 72920 Landholding Agency: Air Force Facility No. 1345 Cape Canaveral Air Station Property Number: 18199820009 Cape Canaveral Air Station Cape Canaveral, AS Co: Brevard FL 32925– Status: Unutilized Cape Canaveral AS Co: Brevard FL 32925– Landholding Agency: Air Force Reasons: Secured Area, Extensive Landholding Agency: Air Force Property Number: 18199710038 deterioration. Property Number: 18199710028 Status: Unutilized Bldg. 3008 Status: Unutilized Reason: Secured Area. Elgin AFB Reason: Secured Area. Bldg. 897, Eglin AFB Co: Okaloosa FL 32542–5133
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Landholding Agency: Air Force Facility 32 Bldg. 9281 Property Number: 18199820010 Malabar Transmitter Annex Eglin AFB Status: Unutilized Palm Bay Co: Brevard FL 32907– Santa Rosa Island Reasons: Secured Area, Extensive Landholding Agency: Air Force Okaloosa Co: FL 32542–5133 deterioration. Property Number: 18199830003 Landholding Agency: Air Force Bldg. 3010 Status: Unutilized Property Number: 18199910006 Elgin AFB Reason: Secured Area. Status: Unutilized Co: Okaloosa FL 32542–5133 Facility 36 Reasons: Floodway, Secured Area, Extensive Landholding Agency: Air Force Malabar Transmitter Annex deterioration. Property Number: 18199820011 Palm Bay Co: Brevard FL 32907– Bldg. 9280 Status: Unutilized Landholding Agency: Air Force Eglin AFB Reasons: Secured Area, Extensive Property Number: 18199830004 Santa Rosa Island deterioration. Status: Unutilized Okaloosa Co: FL 32542–5133 Bldg. 12709 Reason: Secured Area. Landholding Agency: Air Force Eglin AFB Facility 42 Property Number: 18199910007 Co: Okaloosa FL 32542–5133 Malabar Transmitter Annex Status: Unutilized Landholding Agency: Air Force Palm Bay Co: Brevard FL 32907– Reasons: Floodway, Secured Area, Extensive Property Number: 18199820012 Landholding Agency: Air Force deterioration. Status: Unutilized Property Number: 18199830005 Bldg. 609 Reasons: Secured Area, Extensive Status: Unutilized Eglin AFB deterioration. Reason: Secured Area. Okaloosa Co: FL 32542–5133 Landholding Agency: Air Force Bldg. 08807 Facility 44608 Property Number: 18199910008 Cape Canaveral Air Station Cape Canaveral Air Station Status: Unutilized Co: Brevard FL 32925– Co: Brevard FL 32925– Reasons: Secured Area, Extensive Landholding Agency: Air Force Landholding Agency: Air Force deterioration. Property Number: 18199820013 Property Number: 18199830006 Status: Unutilized Status: Unutilized Bldg. 01103 Reason: Secured Area. Reasons: Witin 2000 ft. of flammable or Cape Canaveral Air Station Bldg. 08809 explosive material. Secured Area. Brevard Co: FL 32925– Landholding Agency: Air Force Cape Canaveral Air Station Bldg. 12577 Property Number: 18199910009 Co: Brevard FL 32925– Eglin AFB Status: Unutilized Landholding Agency: Air Force Santa Rosa Island Reason: Secured Area. Property Number: 18199820014 Okaloosa Co: FL 32542–5133 Status: Unutilized Landholding Agency: Air Force Bldg. 55152 Reasons: Secured Area, Extensive Property Number: 18199910001 Cape Canaveral Air Station deterioration. Status: Unutilized Brevard Co: FL 32925– Bldg. 21911 Reasons: Floodway, Secured Area, Extensive Landholding Agency: Air Force Cape Canaveral Air Station deterioration. Property Number: 18199910010 Status: Unutilized Co: Brevard FL 32925– Bldg. 12576 Reason: Secured Area. Landholding Agency: Air Force Eglin AFB Property Number: 18199820015 Santa Rosa Island Facility 1737 Status: Unutilized Okaloosa Co: FL 32542–5133 Cape Canaveral Air Station Reasons: Secured Area, Extensive Landholding Agency: Air Force Cape Canaveral Co: Brevard FL 32907– deterioration. Property Number: 18199910002 Landholding Agency: Air Force Bldg. 21914 Status: Unutilized Property Number: 18199920002 Cape Canaveral Air Station Reasons: Floodway, Secured Area, Extensive Status: Underutilized Co: Brevard FL 32925– deterioration. Reason: Secured Area. Landholding Agency: Air Force Bldg. 12534 Facility 5200 Property Number: 18199820016 Eglin AFB Cape Canaveral Air Station Status: Unutilized Santa Rosa Island Cape Canaveral Co: Brevard FL 32907– Reasons: Secured Area, Extensive Okaloosa Co: FL 32542–5133 Landholding Agency: Air Force deterioration. Landholding Agency: Air Force Property Number: 18199920003 Bldg. 32349 Property Number: 18199910003 Status: Underutilized Cape Canaveral Air Station Status: Unutilized Reason: Secured Area. Co: Brevard FL 32925– Reasons: Floodway, Secured Area, Extensive Facility 49950 Landholding Agency: Air Force deterioration. Cape Canaveral Air Station Property Number: 18199820017 Bldg. 12533 Cape Canaveral Co: Brevard FL 32907– Status: Unutilized Eglin AFB Landholding Agency: Air Force Reasons: Secured Area, Extensive Santa Rosa Island Property Number: 18199920004 deterioration. Okaloosa Co: FL 32542–5133 Status: Underutilized Facility 22 Landholding Agency: Air Force Reason: Secured Area. Malabar Transmitter Annex Property Number: 18199910004 Bldg. 1704 Palm Bay Co: Brevard FL 32907– Status: Unutilized Eglin AFB Landholding Agency: Air Force Reasons: Floodway, Secured Area, Extensive Eglin AFB Co: Okaloosa, FL 32542– Property Number: 18199830001 deterioration. Landholding Agency: Air Force Status: Unutilized Bldg. 12528 Property Number: 18199930007 Reason: Secured Area. Eglin AFB Status: Unutilized Facility 27 Santa Rosa Island Reasons: Floodway, Secured Area, Extensive Malabar Transmitter Annex Okaloosa Co: FL 32542–5133 deterioration. Palm Bay Co: Brevard FL 32907– Landholding Agency: Air Force Bldg. 01390 Landholding Agency: Air Force Property Number: 18199910005 Cape Canaveral Air Station Property Number: 18199830002 Status: Unutilized Cape Canaveral Co: Brevard FL 32907– Status: Unutilized Reasons: Floodway, Secured Area, Extensive Landholding Agency: Air Force Reason: Secured Area. deterioration. Property Number: 18199930008
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Status: Unutilized Cape San Blas Reasons: Secured Area Extensive Reason: Secured Area. Port St. Joe Co: Gulf FL deterioration. Bldg. A–146 Landholding Agency: DOT Facility 187 Boca Chica Annex Property Number: 87199440013 Naval Station Naval Air Station Status: Underutilized Pearl Harbor Co: Honolulu HI 96860– Key West Co: Monroe FL 33040– Reasons: Floodway, Secured Area. Landholding Agency: Navy Landholding Agency: Navy 9993 Admin. Bldg. Property Number: 77199930031 Property Number: 77199930027 Cape San Blas Status: Excess Status: Unutilized Port St. Joe Co: Gulf FL Reasons: Secured Area Extensive Reason: Extensive deterioration. Landholding Agency: DOT deterioration. Bldg. A–232 Property Number: 87199440014 Facility 191 Boca Chica Annex Status: Underutilized Naval Station Naval Air Station Reasons: Floodway, Secured Area. Pearl Harbor Co: Honolulu HI 96860– Key West Co: Monroe FL 33040– 9994 Water Pump Bldg. Landholding Agency: Navy Landholding Agency: Navy Cape San Blas Property Number: 77199930032 Property Number: 77199930028 Port St. Joe Co: Gulf FL Status: Excess Status: Unutilized Landholding Agency: DOT Reasons: Secured Area, Extensive Reason: Extensive deterioration. Property Number: 87199440015 deterioration. Bldg. A–4020 Status: Underutilized Facility 1263 Boca Chica Annex Reasons: Floodway, Secured Area. Naval Station Naval Air Station Storage Bldg. Pearl Harbor Co: Honolulu HI 96860– Key West Co: Monroe FL 33040– Cape San Blas Landholding Agency: Navy Landholding Agency: Navy Port St. Joe Co: Gulf FL Property Number: 77199930033 Property Number: 77199930029 Landholding Agency: DOT Status: Excess Status: Unutilized Property Number: 87199440016 Reasons: Secured Area Extensive Reason: Extensive deterioration. Status: Underutilized deterioration. Bldg. A–#3, Recreation Cottage Reasons: Floodway, Secured Area. Facility S214 USCG Station 9999 Storage Bldg. Naval Station Marathon Co: Monroe FL 33050– Cape San Blas Pearl Harbor Co: Honolulu HI 96860– Landholding Agency: DOT Port St. Joe Co: Gulf FL Landholding Agency: Navy Property Number: 87199210008 Landholding Agency: DOT Property Number: 77199930034 Status: Unutilized Property Number: 87199440017 Status: Excess Reason: Floodway Secured Area. Status: Underutilized Reasons: Secured Area Extensive Bldg. A–103, Trumbo Point Reasons: Floodway, Secured Area. deterioration. Key West Co: Monroe FL 33040– 3 Bldgs. and Land Facility 1271 Landholding Agency: DOT Peanut Island Station Naval Station Property Number: 87199230001 Riveria Beach Co: Palm Beach FL 33419– Pearl Harbor Co: Honolulu HI 96860– Status: Unutilized 0909 Landholding Agency: Navy Reason: Floodway, Secured Area. Landholding Agency: DOT Property Number: 77199930035 Exchange Building Property Number: 87199510009 Status: Excess St. Petersburg Co: Pinellas FL 33701– Status: Unutilized Reasons: Secured Area Extensive Landholding Agency: DOT Reasons: Floodway, Secured Area. deterioration. Property Number: 87199410004 Cape St. George Lighthouse Facility 408 Status: Unutilized Co: Franklin FL 32328– Submarine Base Reason: Floodway . Landholding Agency: DOT Pearl Harbor Co: Honolulu HI 96860– 9988 Keepers Quarters A Property Number: 87199640002 Property Number: 77199930036 Cape San Blas Status: Unutilized Status: Excess Port St. Joe Co: Gulf FL Reason: Extensive deterioration. Reasons: Within 2000 ft. of flammable or Landholding Agency: DOT Georgia explosive material, Secured Area, Property Number: 87199440009 Extensive deterioration. Coast Guard Station Status: Underutilized Facility 645 St. Simons Island Reason: Floodway, Secured Area. Submarine Base Co: Glynn GA 31522–0577 Pearl Harbor Co: Honolulu HI 96860– 9988 Keepers Quarters B Landholding Agency: DOT Landholding Agency: Navy Cape San Blas Property Number: 87199540002 Port St. Joe Co: Gulf FL Property Number: 77199930037 Status: Unutilized Status: Excess Landholding Agency: DOT Reason: Extensive deterioration. Property Number: 87199440010 Reasons: Within 2000 ft. of flammable or Status: Underutilized Guam explosive material, Secured Area, Reason: Floodway, Secured Area. Anderson South Extensive deterioration. 9990 Bldg. Anderson Admin. Annex Bldg. 1740 Cape San Blas 360 housing units & a U.S. Coast Guard Air Station Port St. Joe Co: Gulf FL commercial structure Barbers Point Landholding Agency: DOT Mangilao GU 96923– Honolulu Co: HI 96862–5800 Property Number: 87199440011 Landholding Agency: Air Force Landholding Agency: DOT Status: Underutilized Property Number: 18199840009 Property Number: 87199910002 Reason: Floodway, Secured Area. Status: Underutilized Status: Unutilized Reason: Secured Area. 9991 Plant Bldg. Reason: Secured Area. Cape San Blas Hawaii Idaho Port St. Joe Co: Gulf FL Facility 1 Bldg. 1012 Landholding Agency: DOT Naval Station Mountain Home Air Force Base Property Number: 87199440012 Pearl Harbor Co: Honolulu HI 96860– 7th Avenue Status: Underutilized Landholding Agency: Navy (See County) Co: Elmore ID 83648– Reasons: Floodway, Secured Area. Property Number: 77199930030 Landholding Agency: Air Force 9992 Shop Bldg. Status: Excess Property Number: 18199030004
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Status: Excess Status: Excess Camp Dodge Reason: Within 2000 ft. of flammable or Reason: Extensive deterioration. Johnston Co: Polk IA 50131– explosive material. Bldg. 21, VA Medical Center Landholding Agency: COE Bldg. 923 East 38th Street Property Number: 31199530007 Mountain Home Air Force Base Marion Co: Grant IN 46952– Status: Excess 7th Avenue Landholding Agency: VA Reason: Extensive deterioration. (See County) Co: Elmore ID 83648– Property Number: 97199230001 Barn, Tract 122 Landholding Agency: Air Force Status: Excess Camp Dodge Property Number: 18199030005 Reason: Extensive deterioration. Johnston Co: Polk IA 50131– Status: Excess Bldg. 22, VA Medical Center Landholding Agency: COE Reason: Within 2000 ft. of flammable or East 38th Street Property Number: 31199530008 explosive material. Marion Co: Grant IN 46952– Status: Excess Bldg. 604 Landholding Agency: VA Reason: Extensive deterioration. Mountain Home Air Force Base Property Number: 97199230002 2-Car Garage, Tract 122 Pine Street Status: Excess Camp Dodge (See County) Co: Elmore ID 83648– Reason: Extensive deterioration. Johnston Co: Polk IA 50131– Landholding Agency: Air Force Bldg. 62, VA Medical Center Landholding Agency: COE Property Number: 18199030006 East 38th Street Property Number: 31199530009 Status: Excess Marion Co: Grant IN 46952– Status: Excess Reason: Within 2000 ft. of flammable or Landholding Agency: VA Reason: Extensive deterioration. explosive material. Property Number: 97199230003 Barn, Tract 128 Bldg. 229 Status: Excess Camp Dodge Mt. Home Air Force Base Reason: Extensive deterioration. Johnston Co: Polk IA 50131– 1st Avenue and A Street Iowa Landholding Agency: COE Mt. Home AFB Co: Elmore ID 83648– Bldg. 00671 Property Number: 31199530010 Landholding Agency: Air Force Sioux Gateway Airport Status: Excess Property Number: 18199040857 Sioux Co: Woodbury IA 51110– Reason: Extensive deterioration. Status: Unutilized Landholding Agency: Air Force Shed, Tract 128 Reasons: Within 2000 ft. of flammable or Property Number: 18199310009 Camp Dodge explosive material, Within airport runway Status: Unutilized Johnston Co: Polk IA 50131– clear zone. Reason: Fuel pump station. Landholding Agency: COE Bldg. 4403 Bldg. 00736 Property Number: 31199530011 Mountain Home Air Force Base Sioux Gateway Airport Status: Excess Mountain Home Co: Elmore ID 83647– Sioux Co: Woodbury IA 51110– Reason: Extensive deterioration. Landholding Agency: Air Force Landholding Agency: Air Force House, Tract 129 Property Number: 18199520008 Property Number: 18199310010 Camp Dodge Status: Unutilized Status: Unutilized Johnston Co: Polk IA 50131– Reason: Extensive deterioration. Reason: Pump station. Landholding Agency: COE Bldg. 101 House, Tract 100 Property Number: 31199530012 Mountain Home Air Force Base Camp Dodge Status: Excess Co: Elmore ID 83648– Johnston Co: Polk IA 50131– Reason: Extensive deterioration. Landholding Agency: Air Force Landholding Agency: COE Play House, Tract 129 Property Number: 18199840001 Property Number: 31199530002 Camp Dodge Status: Unutilized Status: Excess Johnston Co: Polk IA 50131– Reason: Extensive deterioration. Reason: Extensive deterioration. Landholding Agency: COE Bldg. 105 Play House, Tract 100 Property Number: 31199530013 Mountain Home Air Force Base Camp Dodge Status: Excess Co: Elmore ID 83648– Johnston Co: Polk IA 50131– Reason: Extensive deterioration. Landholding Agency: Air Force Landholding Agency: COE Kennel, Tract 129 Property Number: 18199840002 Property Number: 31199530003 Camp Dodge Status: Unutilized Status: Excess Johnston Co: Polk IA 50131– Reason: Extensive deterioration. Reason: Extensive deterioration. Landholding Agency: COE Bldg. AFD0070 House, Tract 122 Property Number: 31199530014 Albeni Falls Dam Camp Dodge Status: Excess Oldtown Co: Bonner ID 83822– Johnston Co: Polk IA 50131– Reason: Extensive deterioration. Landholding Agency: COE Landholding Agency: COE Corn Crib, Tract 129 Property Number: 31199910001 Property Number: 31199530004 Camp Dodge Status: Unutilized Status: Excess Johnston Co: Polk IA 50131– Reason: Extensive deterioration. Reason: Extensive deterioration. Landholding Agency: COE Illinois Shed, Tract 122 Property Number: 31199530015 Camp Dodge Status: Excess Calumet Harbor Station Johnston Co: Polk IA 50131– Reason: Extensive deterioration. U.S. Coast Guard Landholding Agency: COE Barn W, Tract 129 Chicago Co: Cook IL Property Number: 31199530005 Camp Dodge Landholding Agency: DOT Status: Excess Johnston Co: Polk IA 50131– Property Number: 87199310005 Reason: Extensive deterioration. Landholding Agency: COE Status: Excess Garage, Tract 122 Property Number: 31199530016 Reason: Secured Area. Camp Dodge Status: Excess Indiana Johnston Co: Polk IA 50131– Reason: Extensive deterioration. Brookville Lake—Bldg. Landholding Agency: COE Barn W, Tract 129 Brownsville Rd. in Union Property Number: 31199530006 Camp Dodge Liberty Co: Union IN 47353– Status: Excess Johnston Co: Polk IA 50131– Landholding Agency: COE Reason: Extensive deterioration. Landholding Agency: COE Property Number: 31199440004 Machine Shed, Tract 122 Property Number: 31199530017
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Status: Excess Landholding Agency: COE Rochester Co: Butler KY 42273– Reason: Extensive deterioration. Property Number: 31199630006 Location: Off State Hwy 369, which runs off Shed, Tract 129 Status: Unutilized of Western Ky. Parkway Camp Dodge Reason: Extensive deterioration. Landholding Agency: COE Property Number: 31199120012 Johnston Co: Polk IA 50131– Kansas Landholding Agency: COE Status: Unutilized Property Number: 31199530018 Bldg. 2703 Reason: Floodway. Status: Excess Forbes Field 2 Pit Toilets Reason: Extensive deterioration. Topeka KS Green River Lock and Dam No. 3 Landholding Agency: Air Force House, Tract 130 Rochester Co: Butler KY 42273– Property Number: 18199820018 Camp Dodge Location: Off State Hwy 369, which runs off Status: Unutilized Johnston Co: Polk IA 50131– of Western Ky. Parkway Reason: Extensive deterioration. Landholding Agency: COE Landholding Agency: COE Property Number: 31199530019 Kentucky Property Number: 31199120013 Status: Excess Status: Unutilized Spring House Reason: Floodway. Reason: Extensive deterioration. Kentucky River Lock and Dam No. 1 Out House, Tract 130 Highway 320 Louisiana Camp Dodge Carrollton Co: Carroll KY 41008– Bldg. 3477 Johnston Co: Polk IA 50131– Landholding Agency: COE Barksdale Air Force Base Landholding Agency: COE Property Number: 21199040416 Davis Avenue Property Number: 31199530020 Status: Unutilized Barksdale AFB Co: Bossier LA 71110–5000 Status: Excess Reason: Spring House. Landholding Agency: Air Force Reason: Extensive deterioration. Building Property Number: 18199140015 Chicken House, Tract 130 Kentucky River Lock and Dam No. 4 Status: Unutilized Camp Dodge 1021 Kentucky Avenue Reason: Secured area. Johnston Co: Polk IA 50131– Frankfort Co: Franklin KY 40601–9999 Maine Landholding Agency: COE Landholding Agency: COE Property Number: 31199530021 Property Number: 21199040417 Supply Bldg., Coast Guard Status: Excess Status: Unutilized Southwest Harbor Reason: Extensive deterioration. Reason: Coal storage. Southwest Harbor Co: Hancock ME 04679– Shed, Tract 130 Building 5000 Camp Dodge Kentucky River Lock and Dam No. 4 Landholding Agency: DOT Johnston Co: Polk IA 50131– 1021 Kentucky Avenue Property Number: 87199240005 Landholding Agency: COE Frankfort Co: Franklin KY 40601–9999 Status: Unutilized Property Number: 31199530022 Landholding Agency: COE Reason: Floodway. Status: Excess Property Number: 21199040418 Base Exchange, Coast Guard Reason: Extensive deterioration. Status: Unutilized Southwest Harbor Barn, Tract 135 Reason: Coal storage. Southwest Harbor Co: Hancock ME 04679– Camp Dodge Barn 5000 Johnston Co: Polk IA 50131– Kentucky River Lock and Dam No. 3 Landholding Agency: DOT Landholding Agency: COE Highway 561 Property Number: 87199240006 Property Number: 31199530023 Pleasureville Co: Henry KY 40057– Status: Unutilized Status: Excess Landholding Agency: COE Reason: Floodway. Reason: Extensive deterioration. Property Number: 21199040419 Engineering Shop, Coast Guard Smokehouse, Tract 135 Status: Underutilized Southwest Harbor Camp Dodge Reason: Extensive deterioration. Southwest Harbor Co: Hancock ME 04679– Johnston Co: Polk IA 50131– Latrine 5000 Landholding Agency: COE Kentucky River Lock and Dam Number 3 Landholding Agency: DOT Property Number: 31199530024 Highway 561 Property Number: 87199240007 Status: Excess Pleasureville Co: Henry KY 40057– Status: Unutilized Reason: Extensive deterioration. Landholding Agency: COE Reason: Floodway. Shed, Tract 137 Property Number: 31199040009 Storage Bldg., Coast Guard Camp Dodge Status: Unutilized Southwest Harbor Johnston Co: Polk IA 50131– Reason: Detached latrine. Southwest Harbor Co: Hancock ME 04679– Landholding Agency: COE 6-Room Dwelling 5000 Property Number: 31199530025 Green River Lock and Dam No. 3 Landholding Agency: DOT Status: Excess Rochester Co: Butler KY 42273– Property Number: 87199240008 Reason: Extensive deterioration. Location: Off State Hwy 369, which runs off Status: Unutilized Shed—White, Tract 137 of Western Ky. Parkway Reason: Floodway. Camp Dodge Landholding Agency: COE Squirrel Point Light Johnston Co: Polk IA 50131– Property Number: 31199120010 U.S. Coast Guard Landholding Agency: COE Status: Unutilized Phippsburg Co: Sagadahoc ME 04530– Property Number: 31199530026 Reason: Floodway. Landholding Agency: DOT Status: Excess 2-Car Garage Property Number: 87199240032 Reason: Extensive deterioration. Green River Lock and Dam No. 3 Status: Unutilized Leanto, Tract 137 Rochester Co: Butler KY 42273– Reason: Floodway. Camp Dodge Location: Off State Hwy 369, which runs off Keepers Dwelling Johnston Co: Polk IA 50131– of Western Ky. Parkway Heron Neck Light, U.S. Coast Guard Landholding Agency: COE Landholding Agency: COE Vinalhaven Co: Knox ME 04841– Property Number: 31199530027 Property Number: 31199120011 Landholding Agency: DOT Status: Excess Status: Unutilized Property Number: 87199240035 Reason: Extensive deterioration. Reason: Floodway. Status: Unutilized Tract 116, Camp Dodge Office and Warehouse Reason: Extensive deterioration. Johnston Co: Polk IA 50131– Green River Lock and Dam No. 3 Fort Popham Light
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Phippsburg Co: Sagadahoc ME 04562– Bldg. 6 Landholding Agency: Air Force Landholding Agency: DOT U.S. Coast Guard Yard, 2401 Property Number: 18199010875 Property Number: 87199320024 Hawkins Point Rd. Status: Excess Status: Unutilized Baltimore MD 21226–1797 Reason: Gasoline Station. Reason: Extensive deterioration. Landholding Agency: DOT Bldg. 120 Nash Island Light Property Number: 87199620001 Calumet Air Force Station U.S. Coast Guard Status: Excess Calumet Co: Keweenaw MI 49913– Addison Co: Washington ME 04606– Reasons: Within 2000 ft. of flammable or Landholding Agency: Air Force Landholding Agency: DOT explosive material, Secured Area. Property Number: 18199010876 Property Number: 87199420005 Bldg. 59 Status: Excess Status: Unutilized U.S. Coast Guard Yard, 2401 Reason: Gasoline Station. Reason: Inaccessible. Hawkins Point Rd. Bldg. 166 Bldg.—South Portland Base Baltimore MD 21226–1797 Calumet Air Force Station U.S. Coast Guard Landholding Agency: DOT Calumet Co: Keweenaw MI 49913– S. Portland Co: Cumberland ME 04106– Property Number: 87199620002 Landholding Agency: Air Force Landholding Agency: DOT Status: Excess Property Number: 18199010877 Property Number: 87199420006 Reasons: Within 2000 ft. of flammable or Status: Excess Status: Unutilized explosive material, Secured Area. Reason: Pump lift station. Reason: Secured Area. Massachusetts Bldg. 168 Garage—Boothbay Harbor Stat. Bldg. 4, USCG Support Center Calumet Air Force Station Boothbay Harbor Co: Lincoln ME 04538– Commercial Street Calumet Co: Keweenaw MI 49913– Landholding Agency: DOT Boston Co: Suffolk MA 02203– Landholding Agency: Air Force Property Number: 87199430001 Landholding Agency: DOT Property Number: 18199010878 Status: Unutilized Property Number: 87199240001 Status: Excess Reason: Secured Area. Status: Underutilized Reason: Gasoline station. Maryland Reason: Secured Area. Bldg. 69 Bldg. 3542 Eastern Point Light Calumet Air Force Station Andrews AFB U.S. Coast Guard Calumet Co: Keweenaw MI 49913– Andrews AFB MD 20652–25177 Gloucester Co: Essex MA 01930– Landholding Agency: Air Force Landholding Agency: Air Force Landholding Agency: DOT Property Number: 18199010889 Status: Excess Property Number: 18199810010 Property Number: 87199240029 Reason: Sewer pump facility. Status: Unutilized Status: Unutilized Reason: Secured Area. Reason: Floodway, Secured Area. Bldg. 2 Calumet Air Force Station Bldg. 3543 Storage Shed Calumet Co: Keweenaw MI 49913– Andrews AFB Highland Light Landholding Agency: Air Force Andrews AFB MD 20652–25177 N. Truro Co: Barnstable MA 02652– Property Number: 18199010890 Landholding Agency: Air Force Location: DeSoto Johnson Status: Excess Property Number: 18199810011 Landholding Agency: DOT Reason: Water pump station. Status: Unutilized Property Number: 87199430004 Reason: Secured Area. Status: Unutilized Facility 20 7 Bldgs. Reason: Extensive deterioration. Selfridge AFB Davidsonville Family Housing Mt. Clemens Co: Macomb MI 48045–5295 Westview Street Wells Landholding Agency: Air Force Annex 300, 301, 303, 305, 308, 309, 311 Lexington Co: MA 02173– Davidsonville Co: Anne Arundel MD 20755– Property Number: 18199630001 Landholding Agency: VA Status: Unutilized Landholding Agency: Air Force Property Number: 97199920001 Property Number: 18199910011 Reasons: Within 2000 ft. of flammable or Status: Unutilized explosive material, Secured Area. Status: Unutilized Reason: Extensive deterioration. Reason: Extensive deterioration. Facility 21 Michigan 8 Bldgs. Selfridge AFB Davidsonville Family Housing Bldg. 71 Mt. Clemens Co: Macomb MI 48045–5295 Annex 302, 306, 307, 312–315 Calumet Air Force Station Landholding Agency: Air Force Davidsonville Co: Anne Arundel MD 20755– Calumet Co: Keweenaw MI 49913– Property Number: 18199630002 Landholding Agency: Air Force Landholding Agency: Air Force Status: Unutilized Property Number: 18199910012 Property Number: 18199010810 Reasons: Within 2000 ft. of flammable or Status: Unutilized Status: Excess explosive material, Secured Area. Reason: Extensive deterioration. Reason: Sewage treatment and disposal Facility 30 facility. Bldgs. 38–39, 41, 43–46, 56 Selfridge AFB U.S. Coast Guard Yard Bldg. 99 (WATER WELL) Mt. Clemens Co: Macomb MI 48045–5295 Baltimore MD 21226– Calumet Air Force Station Landholding Agency: Air Force Landholding Agency: DOT Calumet Co: Keweenaw MI 49913– Property Number: 18199630003 Property Number: 87199540005 Landholding Agency: Air Force Status: Unutilized Status: Unutilized Property Number: 18199010831 Reasons: Within 2000 ft. of flammable or Reasons: Within 2000 ft. of flammable or Status: Excess explosive material, Secured Area. explosive material, Secured Area, Reason: Water well. Facility 98 Extensive deterioration. Bldg. 100 (WATER WELL) Selfridge AFB Bldg. 53 Calumet Air Force Station Mt. Clemens Co: Macomb MI 48045–5295 U.S. Coast Guard Yard Calumet Co: Keweenaw MI 49913– Landholding Agency: Air Force Baltimore MD 21226– Landholding Agency: Air Force Property Number: 18199630004 Landholding Agency: DOT Property Number: 18199010832 Status: Excess Property Number: 87199540006 Status: Excess Reasons: Within 2000 ft. of flammable or Status: Unutilized Reason: Water well. explosive material, Secured Area. Reasons: Within 2000 ft. of flammable or Bldg. 118 Facility 103 explosive material, Secured Area, Calumet Air Force Station Selfridge AFB Extensive deterioration. Calumet Co: Keweenaw MI 49913– Mt. Clemens Co: Macomb MI 48045–5295
VerDate 18-JUN-99 17:33 Aug 12, 1999 Jkt 183247 PO 00000 Frm 00031 Fmt 4701 Sfmt 4703 E:\FR\FM\13AUN2.XXX pfrm03 PsN: 13AUN2 44300 Federal Register / Vol. 64, No. 156 / Friday, August 13, 1999 / Notices
Landholding Agency: Air Force Status: Unutilized Property Number: 18199630024 Property Number: 18199630005 Reasons: Within 2000 ft. of flammable or Status: Unutilized Status: Unutilized explosive material, Secured Area. Reasons: Within 2000 ft. of flammable or Reasons: Within 2000 ft. of flammable or Facility 827 explosive material, Secured Area. explosive material, Secured Area. Selfridge AFB Facility 1514 Facility 116 Mt. Clemens Co: Macomb MI 48045–5295 Selfridge AFB Selfridge AFB Landholding Agency: Air Force Mt. Clemens Co: Macomb MI 48045–5295 Mt. Clemens Co: Macomb MI 48045–5295 Property Number: 18199630015 Landholding Agency: Air Force Landholding Agency: Air Force Status: Unutilized Property Number: 18199630025 Property Number: 18199630006 Reasons: Within 2000 ft. of flammable or Status: Unutilized Status: Unutilized explosive material, Secured Area. Reason: Secured area Reasons: Within 2000 ft. of flammable or Facility 832 Facility 1575 explosive material, Secured Area. Selfridge AFB Selfridge AFB Facility 129 Mt. Clemens Co: Macomb MI 48045–5295 Mt. Clemens Co: Macomb MI 48045–5295 Selfridge AFB Landholding Agency: Air Force Landholding Agency: Air Force Mt. Clemens Co: Macomb MI 48045–5295 Property Number: 18199630016 Property Number: 18199630026 Landholding Agency: Air Force Status: Unutilized Status: Unutilized Property Number: 18199630007 Reasons: Within 2000 ft. of flammable or Reasons: Within 2000 ft. of flammable or Status: Unutilized explosive material, Secured Area. explosive material, Secured Area. Reasons: Within 2000 ft. of flammable or Facility 833 Facility 1576 explosive material, Secured Area. Selfridge AFB Selfridge AFB Facility 152 Mt. Clemens Co: Macomb MI 48045–5295 Mt. Clemens Co: Macomb MI 48045–5295 Selfridge AFB Landholding Agency: Air Force Landholding Agency: Air Force Mt. Clemens Co: Macomb MI 48045–5295 Property Number: 18199630017 Property Number: 18199630027 Landholding Agency: Air Force Status: Unutilized Status: Unutilized Property Number: 18199630008 Reasons: Within 2000 ft. of flammable or Reasons: Within 2000 ft. of flammable or Status: Unutilized explosive material, Secured Area. explosive material, Secured Area. Reasons: Within 2000 ft. of flammable or Facility 1005 Facility 1578 explosive material, Secured Area. Selfridge AFB Selfridge AFB Facility 156 Mt. Clemens Co: Macomb MI 48045–5295 Mt. Clemens Co: Macomb MI 48045–5295 Selfridge AFB Landholding Agency: Air Force Landholding Agency: Air Force Mt. Clemens Co: Macomb MI 48045–5295 Property Number: 18199630018 Property Number: 18199630028 Landholding Agency: Air Force Status: Unutilized Status: Unutilized Property Number: 18199630009 Reason: Secured Area. Reasons: Within 2000 ft. of flammable or Status: Unutilized Facility 1012 explosive material, Secured Area. Reasons: Within 2000 ft. of flammable or Selfridge AFB Facility 1580 explosive material, Secured Area. Mt. Clemens Co: Macomb MI 48045–5295 Selfridge AFB Facility 181 Landholding Agency: Air Force Mt. Clemens Co: Macomb MI 48045–5295 Selfridge AFB Property Number: 18199630019 Landholding Agency: Air Force Mt. Clemens Co: Macomb MI 48045–5295 Status: Unutilized Property Number: 18199630029 Landholding Agency: Air Force Reason: Secured Area. Status: Unutilized Property Number: 18199630010 Facility 1017 Reasons: Within 2000 ft. of flammable or Status: Unutilized Selfridge AFB explosive material, Secured Area. Reasons: Within 2000 ft. of flammable or Mt. Clemens Co: Macomb MI 48045–5295 Facility 1582 explosive material, Secured Area. Landholding Agency: Air Force Selfridge AFB Facility 509 Property Number: 18199630020 Mt. Clemens Co: Macomb MI 48045–5295 Selfridge AFB Status: Unutilized Landholding Agency: Air Force Mt. Clemens Co: Macomb MI 48045–5295 Reason: Secured Area. Property Number: 18199630030 Landholding Agency: Air Force Facility 1025 Status: Unutilized Property Number: 18199630011 Selfridge AFB Reasons: Within 2000 ft. of flammable or Status: Unutilized Mt. Clemens Co: Macomb MI 48045–5295 explosive material, Secured Area. Reasons: Within 2000 ft. of flammable or Landholding Agency: Air Force Facility 1583 explosive material, Secured Area. Property Number: 18199630021 Selfridge AFB Facility 562 Status: Unutilized Mt. Clemens Co: Macomb MI 48045–5295 Selfridge AFB Reason: Secured Area. Landholding Agency: Air Force Mt. Clemens Co: Macomb MI 48045–5295 Facility 1031 Property Number: 18199630031 Landholding Agency: Air Force Selfridge AFB Status: Unutilized Property Number: 18199630012 Mt. Clemens Co: Macomb MI 48045–5295 Reasons: Within 2000 ft. of flammable or Status: Unutilized Landholding Agency: Air Force explosive material, Secured Area. Reasons: Within 2000 ft. of flammable or Property Number: 18199630022 Facility 1584 explosive material, Secured Area. Status: Unutilized Selfridge AFB Facility 573 Reason: Secured Area. Mt. Clemens Co: Macomb MI 48045–5295 Selfridge AFB Facility 1041 Landholding Agency: Air Force Mt. Clemens Co: Macomb MI 48045–5295 Selfridge AFB Property Number: 18199630032 Landholding Agency: Air Force Mt. Clemens Co: Macomb MI 48045–5295 Status: Unutilized Property Number: 18199630013 Landholding Agency: Air Force Reasons: Within 2000 ft. of flammable or Status: Unutilized Property Number: 18199630023 explosive material, Secured Area. Reasons: Within 2000 ft. of flammable or Status: Unutilized Facility 1585 explosive material, Secured Area. Reasons: Within 2000 ft. of flammable or Selfridge AFB Facility 801 explosive material, Secured Area. Mt. Clemens Co: Macomb MI 48045–5295 Selfridge AFB Facility 1445 Landholding Agency: Air Force Mt. Clemens Co: Macomb MI 48045–5295 Selfridge AFB Property Number: 18199630033 Landholding Agency: Air Force Mt. Clemens Co: Macomb MI 48045–5295 Status: Unutilized Property Number: 18199630014 Landholding Agency: Air Force Reason: Secured Area.
VerDate 18-JUN-99 17:33 Aug 12, 1999 Jkt 183247 PO 00000 Frm 00032 Fmt 4701 Sfmt 4703 E:\FR\FM\13AUN2.XXX pfrm03 PsN: 13AUN2 Federal Register / Vol. 64, No. 156 / Friday, August 13, 1999 / Notices 44301
Facilities 246, 248, 252–254 Property Number: 54199930002 Malmstrom AFB Co: Cascade MT 59402– Selfridge Air National Guard Status: Excess Landholding Agency: Air Force Mt. Clemens Co: Macomb MI 48045–5295 Reason: Within 2000 ft. of flammable or Property Number: 18199540014 Landholding Agency: Air Force explosive material, GSA Number: 1–D– Status: Underutilized Property Number: 18199710039 MN–576. Reason: Secured Area. Status: Unutilized MG Clement Trott Mem. USARC Bldg. 547 Reasons: Within 2000 ft. of flammable or Walker Co: Cass MN 56484– Malmstrom AFB Co: Cascade MT 59402– explosive material, Secured Area. Landholding Agency: GSA Landholding Agency: Air Force 7 Facilities Property Number: 54199930003 Property Number: 18199620025 Selfridge Air National Guard Status: Excess Status: Unutilized #240, 242, 244, 245, 247, 250, 251 Reason: Within 2000 ft. of flammable or Reason: Within 2000 ft. of flammable or Mt. Clemens Co; Macomb MI 48045–5295 explosive material, GSA Number: 1–D– explosive material, Secured Area. Landholding Agency: Air Force MN–575. Bldg. 23 Property Number: 18199710040 Naval Ind. Rsv Ordnance Plant Great Falls ANG Station Status: Unutilized Minneapolis Co: MN 55421–1498 Great Falls Co: Cascade MT 59404– Reasons: Within 2000 ft. of flammable or Landholding Agency: GSA Landholding Agency: Air Force explosive material, Secured Area. Property Number: 54199930004 Property Number: 18199720030 Facilities 237, 238 Status: Excess Status: Excess Selfridge Air National Guard Reason: Within 2000 ft. of flammable or Reason: Within 2000 ft. of flammable or Mt. Clemens Co: Macomb MI 48045–5295 explosive material, GSA Number: 1–N– explosive material, Secured Area. Landholding Agency: Air Force MN–570. Bldg. 24 Property Number: 18199710041 Mississippi Great Falls ANG Station Status: Unutilized Great Falls Co: Cascade MT 59404– Reasons: Within 2000 ft. of flammable or Natchez Moorings Landholding Agency: Air Force explosive material, Secured Area. 82 L.E. Berry Road Property Number: 18199720031 5 Facilities Natchez Co: Adams MS 39121– Status: Excess Selfridge Air National Guard Landholding Agency: DOT Reason: Within 2000 ft. of flammable or #228, 230, 232, 234, 236 Property Number: 87199340002 explosive material, Secured Area. Mt. Clemens Co: Macomb MI 48045–5295 Status: Unutilized Reason: Extensive Deterioration. Bldg. 35 Landholding Agency: Air Force Great Falls ANG Station Property Number: 18199710042 Bldg. 6, Boiler Plant Great Falls Co: Cascade MT 59404– Status: Unutilized Biloxi VA Medical Center Landholding Agency: Air Force Reasons: Within 2000 ft. of flammable or Biloxi Co: Harrison MS 39531– Property Number: 18199720033 explosive material, Secured Area. Landholding Agency: VA Status: Excess Facility 114 Property Number: 97199410001 Reasons: Within 2000 ft. of flammable or Selfridge Air National Guard Status: Unutilized explosive material, Secured Area. Mt. Clemens Co: Macomb MI 48045–5295 Reason: Floodway. Bldg. 230 Landholding Agency: Air Force Bldg. 67 Malmstrom AFB Property Number: 18199710043 Biloxi VA Medical Center Malmstrom AFB Co: Cascade MT 59402– Status: Unutilized Biloxi Co: Harrison MS 39531– Landholding Agency: Air Force Reasons: Within 2000 ft. of flammable or Landholding Agency: VA Property Number: 18199810012 explosive material, Secured Area. Property Number: 97199410008 Status: Unutilized Bldg. 114 Status: Unutilized Reason: Within 2000 ft. of flammable or Alpena CRTC Reason: Extensive deterioration. explosive material, Secured Area. Alpena Co: MI 49707– Bldg. 68 Bldg. 1065 Landholding Agency: Air Force Biloxi VA Medical Center Property Number: 18199930009 Malmstrom AFB Biloxi Co: Harrison MS 39531– Malmstrom AFB Co: Cascade MT 59402– Status: Unutilized Landholding Agency: VA Reason: Secured Area. Landholding Agency: Air Force Property Number: 97199410009 Property Number: 18199810013 Bldg. 318 Status: Unutilized Status: Unutilized Alpena CRTC Reason: Extensive deterioration. Reason: Within 2000 ft. of flammable or Alpena Co: MI 49707– explosive material, Secured Area. Landholding Agency: Air Force Missouri Property Number: 18199930010 Tract 2222 Bldg. 1305 Status: Unutilized Stockton Project Malmstrom AFB Reason: Secured Area. Aldrich Co: Polk MO 65601– Malmstrom AFB Co: Cascade MT 59402– Landholding Agency: Air Force Quarters B Landholding Agency: COE Property Number: 18199810014 U.S. Coast Guard Property Number: 31199510001 Status: Unutilized Marquette MI 49855– Status: Excess Reasons: Within 2000 ft. of flammable or Landholding Agency: DOT Reason: Extensive deterioration. explosive material, Secured Area. Property Number: 87199740001 Barn, Longview Lake Status: Unutilized Kansas City Co: Jackson MO 64134– Bldg. 22 Reason: Secured Area. Landholding Agency: COE Great Falls IAP Great Falls Co: Cascade MT 59404–5570 Minnesota Property Number: 31199620001 Status: Excess Landholding Agency: Air Force Bldg. Reason: Extensive deterioration. Property Number: 18199820019 Upper St. Anthony Falls Status: Underutilized Minneapolis Co: Hennepin MN 55440– Montana Reasons: Within 2000 ft. of flammable or Landholding Agency: COE Bldg. 1189, Malstrom AFB explosive material, Secured Area. Property Number: 31199930001 Malmstrom AFB Co: Cascade MT 59402– Bldg. 803 Status: Unutilized Landholding Agency: Air Force Malmstrom AFB Reason: Extensive deterioration. Property Number: 18199540013 Co: Cascade MT 59402– Matthew Marvin USARC Status: Underutilized Landholding Agency: Air Force Winona Co: MN 55987– Reason: Secured Area. Property Number: 18199840003 Landholding Agency: GSA Bldg. 1308, Malstrom AFB Status: Unutilized
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Reasons: Within 2000 ft. of flammable or Bldg. 31 Property Number: 18199320061 explosive material, Secured Area. Offutt Air Force Base Status: Excess Bldg. 1060 Sac Boulevard Reason: Contamination. Malmstrom AFB Offutt Co: Sarpy NE 68113– Bldg. 504 Co: Cascade MT 59402– Landholding Agency: Air Force Hastings Family Housing Landholding Agency: Air Force Property Number: 18199240007 Hastings Radar Bomb Scoring Site Property Number: 18199840004 Status: Unutilized Hastings Co: Adams NE 68901– Status: Unutilized Reason: Secured Area. Landholding Agency: Air Force Reasons: Within 2000 ft. of flammable or Bldg. 311 Property Number: 18199320062 explosive material, Secured Area. Offutt Air Force Base Status: Excess Bldg. 1846 Nelson Drive Reason: Contamination. Malmstrom AFB Offutt Co: Sarpy NE 68113– Bldg. 506 Co: Cascade MT 59402– Landholding Agency: Air Force Hastings Family Housing Landholding Agency: Air Force Property Number: 1819924008 Hastings Radar Bomb Scoring Site Property Number: 18199840005 Status: Unutilized Hastings Co: Adams NE 68901– Status: Unutilized Reason: Secured Area. Landholding Agency: Air Force Reasons: Within 2000 ft. of flammable or Bldg. 401 Property Number: 18199320063 explosive material, Secured Area. Offutt Air Force Base Status: Excess Bldg. 1847 Custer Drive Reason: Contamination. Malmstrom AFB Offutt Co: Sarpy NE 68113– Bldg. 507 Co: Cascade MT 59402– Landholding Agency: Air Force Hastings Family Housing Landholding Agency: Air Force Property Number: 1819924009 Hastings Radar Bomb Scoring Site Property Number: 18199840006 Status: Unutilized Hastings Co: Adams NE 68901– Status: Unutilized Reason: Secured Area. Landholding Agency: Air Force Reasons: Within 2000 ft. of flammable or Bldg. 416 Property Number: 18199320064 explosive material, Secured Area. Offutt Air Force Base Status: Excess Bldgs. 1218, 1220 Sherman Turnpike Reason: Contamination. Malmstrom Air Force Base Offutt Co: Sarpy NE 68113– Bldg. 509 Malmstron AFB Co: Cascade MT 59402– Landholding Agency: Air Force Hastings Family Housing Landholding Agency: Air Force Property Number: 18199240010 Hastings Radar Bomb Scoring Site Property Number: 18199920005 Status: Unutilized Hastings Co: Adams NE 68901– Status: Unutilized Reason: Secured Area. Landholding Agency: Air Force Reasons: Within 2000 ft. of flammable or Bldg. 417 Property Number: 18199320065 explosive material, Secured Area. Offutt Air Force Base Status: Excess Bldgs. 1210, 1212, 1214, 1216 Sherman Turnpike Reason: Contamination. Malmstrom Air Force Base Offutt Co: Sarpy NE 68113– Bldg. 511 Malmstron AFB Co: Cascade MT 59402– Landholding Agency: Air Force Hastings Family Housing Landholding Agency: Air Force Property Number: 18199240011 Hastings Radar Bomb Scoring Site Property Number: 18199920006 Status: Unutilized Hastings Co: Adams NE 68901– Status: Unutilized Reason: Secured Area. Landholding Agency: Air Force Reasons: Within 2000 ft. of flammable or Bldg. 545 Property Number: 18199320066 explosive material, Secured Area. Offutt Air Force Base Status: Excess Bldg. 1701 Offutt Co: Sarpy NE 68113 Reason: Contamination. Malmstrom Air Force Base Landholding Agency: Air Force Bldg. 512 Malmstron AFB Co: Cascade MT 59402– Property Number: 18199240012 Hastings Family Housing Landholding Agency: Air Force Status: Unutilized Hastings Radar Bomb Scoring Property Number: 18199920007 Reason: Secured Area. Site Status: Unutilized Bldg. 21 Hastings Co: Adams NE 68901– Reasons: Within 2000 ft. of flammable or Hastings Radar Bomb Scoring Site Landholding Agency: Air Force explosive material, Secured Area. Hastings Co: Adams NE 68901– Property Number: 18199320067 Nebraska Landholding Agency: Air Force Status: Excess Property Number: 18199320058 Reason: Contamination. Offutt Communications Annex–#3 Status: Excess Offutt Air Force Base Bldg. 515 Scribner Co: Dodge NE 68031– Reason: Generator. Hastings Family Housing Landholding Agency: Air Force Bldg. 4, Hastings Family Hsg. Hastings Radar Bomb Scoring Property Number: 18199210006 Hastings Radar Bomb Scoring Site Site Status: Unutilized Hastings Co: Adams NE 68901– Hastings Co: Adams NE 68901– Reason: Former sewage lagoon. Landholding Agency: Air Force Landholding Agency: Air Force Bldg. 637 Property Number: 18199320059 Property Number: 18199320068 Lincoln Municipal Airport Status: Excess Status: Excess 2301 West Adams Reason: Contamination. Reason: Contamination. Lincoln Co: Lancaster NE 68524– Bldg. 500 Bldg. 517 Landholding Agency: Air Force Hastings Family Housing Hastings Family Housing Property Number: 18199230021 Hastings Radar Bomb Scoring Site Hastings Radar Bomb Scoring Status: Unutilized Hastings Co: Adams NE 68901– Site Reason: Extensive deterioration. Landholding Agency: Air Force Hastings Co: Adams NE 68901– Bldg. 639 Property Number: 18199320060 Landholding Agency: Air Force Lincoln Municipal Airport Status: Excess Property Number: 18199320069 2301 West Adams Reason: Contamination. Status: Excess Lincoln Co: Lancaster NE 68524– Bldg. 502 Reason: Contamination. Landholding Agency: Air Force Hastings Family Housing Bldg. 519 Property Number: 18199230022 Hastings Radar Bomb Scoring Site Hastings Family Housing Status: Unutilized Hastings Co: Adams NE 68901– Hastings Radar Bomb Scoring Reason: Extensive deterioration. Landholding Agency: Air Force Site
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Hastings Co: Adams NE 68901– Property Number: 18199320078 Reason: Contamination. Landholding Agency: Air Force Status: Excess Bldg. 552 Property Number: 18199320070 Reason: Contamination. Hastings Family Housing Status: Excess Bldg. 536 Hastings Radar Bomb Scoring Reason: Contamination. Hastings Family Housing Site Bldg. 521 Hastings Radar Bomb Scoring Hastings Co: Adams NE 68901– Hastings Family Housing Site Landholding Agency: Air Force Hastings Radar Bomb Scoring Hastings Co: Adams NE 68901– Property Number: 18199320087 Site Landholding Agency: Air Force Status: Excess Hastings Co: Adams NE 68901– Property Number: 18199320079 Reason: Contamination. Landholding Agency: Air Force Status: Excess Bldg. 553 Property Number: 18199320071 Reason: Contamination. Hastings Family Housing Status: Excess Bldg. 538 Hastings Radar Bomb Scoring Reason: Contamination. Hastings Family Housing Site Bldg. 523 Hastings Radar Bomb Scoring Hastings Co: Adams NE 68901– Hastings Family Housing Site Landholding Agency: Air Force Hastings Radar Bomb Scoring Hastings Co: Adams NE 68901– Property Number: 18199320088 Site Landholding Agency: Air Force Status: Excess Hastings Co: Adams NE 68901– Property Number: 18199320080 Reason: Contamination. Landholding Agency: Air Force Status: Excess Bldg. 555 Property Number: 18199320072 Reason: Contamination. Hastings Family Housing Status: Excess Bldg. 541 Hastings Radar Bomb Scoring Reason: Contamination. Hastings Family Housing Site Bldg. 525 Hastings Radar Bomb Scoring Hastings Co: Adams NE 68901– Hastings Family Housing Site Landholding Agency: Air Force Hastings Radar Bomb Scoring Hastings Co: Adams NE 68901– Property Number: 18199320089 Site Landholding Agency: Air Force Status: Excess Hastings Co: Adams NE 68901– Property Number: 18199320081 Reason: Contamination. Landholding Agency: Air Force Status: Excess Bldg. 557 Property Number: 18199320073 Reason: Contamination. Hastings Family Housing Status: Excess Bldg. 542 Hastings Radar Bomb Scoring Reason: Contamination. Hastings Family Housing Site Bldg. 526 Hastings Radar Bomb Scoring Hastings Co: Adams NE 68901– Hastings Family Housing Site Landholding Agency: Air Force Hastings Radar Bomb Scoring Hastings Co: Adams NE 68901– Property Number: 18199320090 Site Landholding Agency: Air Force Status: Excess Hastings Co: Adams NE 68901– Property Number: 18199320082 Reason: Contamination. Landholding Agency: Air Force Status: Excess Bldg. 558 Property Number: 18199320074 Reason: Contamination. Hastings Family Housing Status: Excess Bldg. 544 Hastings Radar Bomb Scoring Reason: Contamination. Hastings Family Housing Site Bldg. 529 Hastings Radar Bomb Scoring Hastings Co: Adams NE 68901– Hastings Family Housing Site Landholding Agency: Air Force Hastings Radar Bomb Scoring Hastings Co: Adams NE 68901– Property Number: 18199320091 Site Landholding Agency: Air Force Status: Excess Hastings Co: Adams NE 68901– Property Number: 18199320083 Reason: Contamination. Landholding Agency: Air Force Status: Excess Bldg. 560 Property Number: 18199320075 Reason: Contamination. Hastings Family Housing Status: Excess Bldg. 546 Hastings Radar Bomb Scoring Reason: Contamination. Hastings Family Housing Site Bldg. 531 Hastings Radar Bomb Scoring Hastings Co: Adams NE 68901– Hastings Family Housing Site Landholding Agency: Air Force Hastings Radar Bomb Scoring Hastings Co: Adams NE 68901– Property Number: 18199320092 Site Landholding Agency: Air Force Status: Excess Hastings Co: Adams NE 68901– Property Number: 18199320084 Reason: Contamination. Landholding Agency: Air Force Status: Excess 27 Detached Garages Property Number: 18199320076 Reason: Contamination. Hastings Family Housing Status: Excess Bldg. 549 Hastings Radar Bomb Scoring Reason: Contamination. Hastings Family Housing Site Bldg. 533 Hastings Radar Bomb Scoring Hastings Co: Adams NE 68901– Hastings Family Housing Site Landholding Agency: Air Force Hastings Radar Bomb Scoring Hastings Co: Adams NE 68901– Property Number: 18199320093 Site Landholding Agency: Air Force Status: Excess Hastings Co: Adams NE 68901– Property Number: 18199320085 Reason: Contamination. Landholding Agency: Air Force Status: Excess Bldg. 17 Property Number: 18199320077 Reason: Contamination. Hastings Radar Bomb Scoring Site Status: Excess Bldg. 550 Hastings Co: Adams NE 68901– Reason: Contamination. Hastings Family Housing Landholding Agency: Air Force Bldg. 534 Hastings Radar Bomb Scoring Property Number: 18199320094 Hastings Family Housing Site Status: Excess Hastings Radar Bomb Scoring Hastings Co: Adams NE 68901– Reason: Contamination. Site Landholding Agency: Air Force Bldg. 16 Hastings Co: Adams NE 68901– Property Number: 18199320086 Hastings Radar Bomb Scoring Site Landholding Agency: Air Force Status: Excess Hastings Co: Adams NE 68901–
VerDate 18-JUN-99 17:33 Aug 12, 1999 Jkt 183247 PO 00000 Frm 00035 Fmt 4701 Sfmt 4703 E:\FR\FM\13AUN2.XXX pfrm03 PsN: 13AUN2 44304 Federal Register / Vol. 64, No. 156 / Friday, August 13, 1999 / Notices
Landholding Agency: Air Force Amherst Co: Hillsborough NH 03031–1514 Landholding Agency: DOT Property Number: 18199320095 Landholding Agency: Air Force Property Number: 87199610002 Status: Excess Property Number: 18199320006 Status: Unutilized Reason: Contamination. Status: Unutilized Reasons: Secured Area. Bldg. 18 Reason: Within 200 ft. of flammable or New Mexico Hastings Radar Bomb Scoring Site explosive material. Bldg. 831 Hastings Co: Adams NE 68901– Bldg. 104 833 CSG/DEER Landholding Agency: Air Force New Boston Air Force Station Holloman AFR Co: Otero NM 88330– Property Number: 18199320096 Amherst Co: Hillsborough NH 03031–1514 Landholding Agency: Air Force Status: Excess Landholding Agency: Air Force Property Number: 18199130333 Reason: Contamination. Property Number: 18199320007 Status: Unutilized Bldg. 6 Status: Unutilized Reasons: Secured Area. Hastings Family Housing Reason: Within 2000 ft. of flammable or Bldg. 21 Hastings Radar Bomb Scoring Site explosive material. Holloman Air Force Base Co: Otero NM Hastings Co: Adams NE 68901– Bldg. 116 88330– Landholding Agency: Air Force New Boston Air Force Station Landholding Agency: Air Force Property Number: 18199320097 Amherst Co: Hillsborough NH 03031–1514 Property Number: 18199240032 Status: Excess Landholding Agency: Air Force Status: Unutilized Reason: Contamination. Property Number: 18199320016 Reasons: Secured Area. Bldg. 547 Status: Unutilized Bldg. 80 Hastings Family Housing Reason: Extensive deterioration. Holloman Air Force Base Co: Otero NM Hastings Radar Bomb Scoring Site Bldg. 117 88330– Hastings Co: Adams NE 68901– New Boston Air Force Station Landholding Agency: Air Force Landholding Agency: Air Force Amherst Co: Hillsborough NH 03031–1514 Property Number: 18199240033 Property Number: 18199320098 Landholding Agency: Air Force Status: Unutilized Status: Excess Property Number: 18199320008 Reasons: Secured Area. Reason: Contamination. Status: Unutilized Bldg. 98 Bldg. 604 Reason: Within 2000 ft. of flammable or Holloman Air Force Base Co: Otero NM Hastings Family Housing explosive material. Secured Area 88330– Hastings Radar Bomb Scoring Site Bldg. 129 Landholding Agency: Air Force Hastings Co: Adams NE 68901– New Boston Air Force Station Property Number: 18199240034 Landholding Agency: Air Force Amherst Co: Hillsborough NH 03031–1514 Status: Unutilized Property Number: 18199320099 Landholding Agency: Air Force Reasons: Secured Area. Status: Excess Property Number: 18199920009 Reason: Contamination. Status: Unutilized Bldg. 324 Holloman Air Force Base Co: Otero NM Bldg. 686 Reason: Within 2000 ft. of flammable or 88330– Offutt Air Force Base explosive material, Secured Area. Landholding Agency: Air Force Offutt Co: Sarpy NE 68113– Facility 5210 Property Number: 18199240035 Landholding Agency: Air Force Newington POL DFS Status: Unutilized Property Number: 18199510021 Newington Co: Rockingham NH 03801– Reasons: Secured Area. Status: Unutilized Landholding Agency: Air Force Reason: Secured Area. Property Number: 18199920010 Bldg. 598 Holloman Air Force Base Co: Otero NM Bldg. 439 Status: Excess 88330– Offutt Air Force Base Reasons: Within 2000 ft. of flammable or Landholding Agency: Air Force Offutt Co: Sarpy NE 68113– explosive material. Property Number: 18199240036 Landholding Agency: Air Force Bldg. 155 Status: Unutilized Property Number: 18199510022 Pease Air National Guard Reasons: Secured Area. Status: Unutilized Newington Co: Rockingham NH 03033– Bldg. 801 Reason: Secured Area. Landholding Agency: Air Force Holloman Air Force Base Bldg. 606 Property Number: 18199930011 Co: Otero NM 88330– NE Air National Guard Status: Unutilized Landholding Agency: Air Force Lincoln Co: Lancaster NE 68524–1888 Reason: Within 2000 ft. of flammable or Property Number: 18199240037 Landholding Agency: Air Force explosive material. Status: Unutilized Property Number: 18199720028 Reasons: Secured Area. Status: Unutilized New Jersey Reason: Floodway, Secured Area. Bldg. 802 Piers and Wharf Holloman Air Force Base Bldg. 675 Station Sandy Hook Co: Otero NM 88330– NE Air National Guard Highlands Co: Monmouth NJ 07732–5000 Landholding Agency: Air Force Lincoln Co: Lancaster NE 68524–1888 Landholding Agency: DOT Property Number: 18199240038 Landholding Agency: Air Force Property Number: 87199240009 Status: Unutilized Property Number: 18199720029 Status: Unutilized Reasons: Secured Area. Status: Unutilized Reasons: Secured Area, Extensive Reasons: Floodway Secured Area. Bldg. 1095 deterioration. Holloman Air Force Base New Hampshire Chapel Hill Front Range Co: Otero NM 88330– Bldg. 101 Light Tower Landholding Agency: Air Force New Boston Air Force Station Middletown Co: Monmouth NJ 07748– Property Number: 18199240039 Amherst Co: Hillsborough NH 03031–1514 Landholding Agency: DOT Status: Unutilized Landholding Agency: Air Force Property Number: 87199440002 Reasons: Secured Area. Property Number: 18199320005 Status: Unutilized Bldg. 1096 Status: Unutilized Reasons: Skeletal tower. Holloman Air Force Base Reasons: Within 2000 ft. of flammable or Bldg. 103 Co: Otero NM 88330– explosive material. U.S. Coast Guard Station Landholding Agency: Air Force Bldg. 102 Sandy Hook Property Number: 18199240040 New Boston Air Force Station Middleton Co: Monmouth NJ 07737– Status: Unutilized
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Reasons: Secured Area. Bldg. 867 Co: Otero NM 88330– Facility 321 Holloman Air Force Base Landholding Agency: Air Force Holloman Air Force Base Co: Otero NM 88330– Property Number: 18199740013 Co: Otero NM 88330– Landholding Agency: Air Force Status: Unutilized Landholding Agency: Air Force Property Number: 18199430020 Reasons: Within 2000 ft. of flammable or Property Number: 18199240041 Status: Unutilized explosive material, Secured Area. Status: Unutilized Reason: Secured Area. Bldg. 205 Reasons: Secured Area. Bldg. 884 Holloman Air Force Base Facility 75115 Holloman Air Force Base Co: Otero NM 88330– Holloman Air Force Base Co: Otero NM 88330– Landholding Agency: Air Force Co: Otero NM 883390– Landholding Agency: Air Force Property Number: 18199740014 Landholding Agency: Air Force Property Number: 18199430021 Status: Unutilized Property Number: 18199240042 Status: Unutilized Reasons: Within 2000 ft. of flammable or Status: Unutilized Reasons: Within airport runway clear zone, explosive material, Secured Area. Reasons: Secured Area. Secured Area. Bldg. 1089 Bldg. 874 Bldg. 886 Holloman Air Force Base Holloman Air Force Base Holloman Air Force Base Co: Otero NM 88330– Co: Otero NM 88330– Co: Otero NM 88330– Landholding Agency: Air Force Landholding Agency: Air Force Landholding Agency: Air Force Property Number: 18199830009 Property Number: 18199320041 Property Number: 18199430022 Status: Unutilized Status: Unutilized Status: Unutilized Reasons: Secured Area. Reasons: Extension Deterioration, Secured Reasons: Within airport runway clear zone, Bldg. 2149 Area. Secured Area. Holloman AFB Bldg. 1258 Bldg. 908 Co: Otero NM 88330– Holloman Air Force Base Holloman Air Force Base Landholding Agency: Air Force Co: Otero NM 88330– Co: Otero NM 88330– Property Number: 18199830010 Landholding Agency: Air Force Landholding Agency: Air Force Status: Unutilized Property Number: 18199320042 Property Number: 18199430023 Reasons: Within 2000 ft. of flammable or Status: Unutilized Status: Unutilized explosive material, Secured Area. Reasons: Extension Deterioration, Secured Reason: Secured area. Bldg. 2151 Area. Bldg. 599 Holloman AFB Bldg. 134 Holloman Air Force Base Co: Otero NM 88330– Holloman Air Force Base Co: Otero NM 88330– Landholding Agency: Air Force Co: Otero NM 88330– Landholding Agency: Air Force Property Number: 18199830011 Landholding Agency: Air Force Property Number: 18199510001 Status: Unutilized Property Number: 18199430014 Status: Unutilized Reasons: Within 2000 ft. of flammable or Status: Unutilized Reason: Secured Area. explosive material, Secured Area. Reasons: Secured Area. Bldg. 600 Bldg. 2176 Bldg. 640 Holloman Air Force Base Holloman AFB Holloman Air Force Base Co: Otero NM 88330– Co: Otero NM 88330– Co: Otero NM 88330– Landholding Agency: Air Force Landholding Agency: Air Force Landholding Agency: Air Force Property Number: 18199510002 Property Number: 18199830012 Property Number: 18199430015 Status: Unutilized Status: Unutilized Status: Unutilized Reason: Secured Area. Reasons: Within 2000 ft. of flammable or Reasons: Secured Area. Bldg. 599 explosive material, Secured Area. Bldg. 703 Holloman Air Force Base Bldg. 2178 Holloman Air Force Base Co: Otero NM 88330– Holloman AFB Co: Otero NM 88330– Landholding Agency: Air Force Co: Otero NM 88330– Landholding Agency: Air Force Property Number: 18199610007 Landholding Agency: Air Force Property Number: 18199430016 Status: Unutilized Property Number: 18199830013 Status: Unutilized Reason: Secured Area. Status: Unutilized Reason: Within airport runway clear zone, Reasons: Within 2000 ft. of flammable or Secured Area. Bldg. 600 Holloman Air Force Base explosive material, Secured Area. Bldg. 813 Co: Otero NM 88330– Bldg. 27 Holloman Air Force Base Los Alamos National Lab Co: Otero NM 88330– Landholding Agency: Air Force Property Number: 18199610008 Los Alamos Co: NM 87545– Landholding Agency: Air Force Landholding Agency: Energy Property Number: 18199430017 Status: Unutilized Reason: Secured Area. Property Number: 41199930002 Status: Unutilized Status: Unutilized Bldg. 995 Reason: Secured Area. Reasons: Secured Area, Extensive Holloman Air Force Base Bldg. 821 deterioration. Co: Otero NM 88330– Holloman Air Force Base Bldg. 31 Co: Otero NM 88330– Landholding Agency: Air Force Property Number: 18199610009 Los Alamos National Lab Landholding Agency: Air Force Los Alamos Co: NM 87545– Property Number: 18199430018 Status: Unutilized Reason: Secured Area. Landholding Agency: Energy Status: Unutilized Property Number: 41199930003 Reason: Secured Area. Bldg. 1257 Status: Unutilized Bldg. 829 Holloman Air Force Base Reasons: Secured Area, Extensive Holloman Air Force Base Co: Otero NM 88330– deterioration. Co: Otero NM 88330– Landholding Agency: Air Force Landholding Agency: Air Force Property Number: 18199740012 New York Property Number: 18199430019 Status: Unutilized Bldg. 626 (Pin: RVKQ) Status: Unutilized Reason: Secured Area. Niagara Falls International Airport Reasons: Within airport runway clear zone, Bldg. 332 914th Tactical Airlift Group Secured Area. Holloman Air Force Base Niagara Falls Co: Niagara NY 14303–5000
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Landholding Agency: Air Force Reason: Secured Area. Hancock Field Property Number: 18199010075 Facility 138 Syracuse Co: Onondaga NY 13211– Status: Unutilized Griffiss Air Force Base Landholding Agency: Air Force Reasons: Within 2000 ft. of flammable or Otis Street Property Number: 18199810017 explosive material, Secured Area. Rome Co: Oneida NY 13441–4520 Status: Unutilized Bldg. 272 Landholding Agency: Air Force Reasons: Within 2000 ft. of flammable or Griffiss Air Force Base Property Number: 18199240024 explosive material, Secured Area. Rome Co: Oneida NY 13441– Status: Unutilized Bldg. 615 Landholding Agency: Air Force Reason: Secured Area. Hancock Field Property Number: 18199140022 Facility 173 Syracuse Co: Onondaga NY 13211– Status: Excess Griffiss AFB Landholding Agency: Air Force Reason: Secured Area. Sefridge Street Property Number: 18199810018 Bldg. 888 Rome Co: Oneida NY 13441–4520 Status: Unutilized Griffiss Air Force Base Landholding Agency: Air Force Reasons: Within 2000 ft. of flammable or Rome Co: Oneida NY 13441– Property Number: 18199240025 explosive material, Secured Area. Landholding Agency: Air Force Status: Unutilized Bldg. 629 Property Number: 18199140023 Reasons: Secured Area. Hancock Field Status: Excess Facility 261 Syracuse Co: Onondaga NY 13211— Reason: Secured Area. Griffiss Air Force Base Landholding Agency: Air Force Facility 814, Griffiss AFB McDill Street Property Number: 18199810019 NE of Weapons Storage Area Rome Co: Oneida NY 13441–4520 Status: Unutilized Rome Co: Oneida NY 13441– Landholding Agency: Air Force Reasons: Within 2000 ft. of flammable or Landholding Agency: Air Force Property Number: 18199240026 explosive material, Secured Area. Property Number: 18199230001 Status: Unutilized Bldg. 630 Status: Excess Reason: Secured Area. Hancock Field Reasons: Within airport runway clear zone Facility 308 Syracuse Co: Onondaga NY 13211— Secured Area. Griffiss Air Force Base Landholding Agency: Air Force Facility 808, Griffiss AFB 205 Chanute Street Property Number: 18199810020 Perimiter Road Rome Co: Oneida NY 13441–4520 Status: Unutilized Rome Co: Oneida NY 13441– Landholding Agency: Air Force Reasons: Within 2000 ft. of flammable or Landholding Agency: Air Force Property Number: 18199240027 explosive material, Secured Area. Property Number: 18199230002 Status: Unutilized Bldg. 635 Status: Excess Reason: Secured Area. Hancock Field Reasons: Within airport runway clear zone Facility 1200 Syracuse Co: Onondaga NY 13211— Secured Area. Griffiss Air Force Base Landholding Agency: Air Force Facility 807, Griffiss AFB Donaldson Road Property Number: 18199810021 Perimiter Road Rome Co: Oneida NY 13441–4520 Status: Unutilized Rome Co: Oneida NY 13441– Landholding Agency: Air Force Reasons: Within 2000 ft. of flammable or Landholding Agency: Air Force Property Number: 18199240028 explosive material, Secured Area. Property Number: 18199230003 Status: Unutilized Bldg. 640 Status: Excess Reason: Secured Area. Hancock Field Reasons: Within airport runway clear zone Facility 841 Syracuse Co: Onondaga NY 13211— Secured Area. Griffiss Air Force Base Landholding Agency: Air Force Facility 126 Rome Co: Oneida NY 13441–4520 Property Number: 18199810022 Griffiss Air Force Base Landholding Agency: Air Force Status: Unutilized Hanger Road Property Number: 18199330097 Reasons: Within 2000 ft. of flammable or Rome Co: Oneida NY 13441–4520 Status: Unutilized explosive material, Secured Area. Landholding Agency: Air Force Reason: Secured Area. Bldg. 733 Property Number: 18199240020 Bldg. 740 Hancock Field Status: Unutilized Niagara Falls Air Force Syracuse Co: Onondaga NY 13211— Reason: Secured Area. Reserve Landholding Agency: Air Force Facility 127 Niagara Falls Co: Niagara NY 14304–5001 Property Number: 18199810023 Griffiss Air Force Base Landholding Agency: Air Force Status: Unutilized Hanger Road Property Number: 18199720026 Reasons: Within 2000 ft. of flammable or Rome Co: Oneida NY 13441–4520 Status: Unutilized explosive material, Secured Area. Landholding Agency: Air Force Reasons: Within airport runway clear zone, Bldg. 514 Property Number: 18199240021 Floodway Secured Area. Niagara Falls ARS Status: Unutilized Bldg. 629 Niagara Falls Co: Niagara NY 14304–5001 Reason: Secured Area. Hancock Field Landholding Agency: Air Force Facility 135 Syracuse Co: Onondaga NY 13211– Property Number: 18199810024 Griffiss Air Force Base Landholding Agency: Air Force Status: Unutilized Hanger Road Property Number: 18199730006 Reasons: Floodway, Secured Area, Extensive Rome Co: Oneida NY 13441–4520 Status: Unutilized deterioration. Landholding Agency: Air Force Reasons: Within 2000 ft. of flammable or Bldg. 614 Property Number: 18199240022 explosive material, Secured Area. Niagara Falls AFR Status: Unutilized Bldg. 604 Niagara Falls Co: Niagara NY 14305–5001 Reason: Secured Area. Hancock Field Landholding Agency: Air Force Facility 137 Syracuse Co: Onondaga NY 13211– Property Number: 18199830014 Griffiss Air Force Base Landholding Agency: Air Force Status: Unutilized Otis Street Property Number: 18199810016 Reasons: Within 2000 ft. of flammable or Rome Co: Oneida NY 13441–4520 Status: Unutilized explosive material, Secured Area, Landholding Agency: Air Force Reasons: Within 2000 ft. of flammable or Extensive deterioration. Property Number: 18199240023 explosive material, Secured Area. Bldg. 722 Status: Unutilized Bldg. 606 Niagara Falls AFR
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Niagara Falls Co: Niagara NY 14305–5001 Facility 1208 Status: Unutilized Landholding Agency: Air Force Verona Text Annex Reasons: Secured Area, Extensive Property Number: 18199830015 Town of Verona Co: Oneida NY 13478– deterioration. Status: Unutilized Landholding Agency: Air Force Bldg. 517, USCG Support Center Reasons: Within 2000 ft. of flammable or Property Number: 18199920018 Governors Island Co: Manhattan NY 10004– explosive material, Secured Area, Status: Unutilized Landholding Agency: DOT Extensive deterioration. Reason: No public access. Property Number: 87199320025 Bldg. 750 Facility 1209 Status: Unutilized Niagara Falls AFR Verona Test Annex Reason: Secured Area. Niagara Falls Co: Niagara NY 14305–5001 Town of Verona Co: Oneida NY 13478– Bldg. 138 Landholding Agency: Air Force Landholding Agency: Air Force U.S. Coast Guard Support Center Property Number: 18199830016 Property Number: 18199920019 Governors Island Co: Manhattan NY 10004– Status: Unutilized Status: Unutilized Landholding Agency: DOT Reasons: Within 2000 ft. of flammable or Reason: No public access. Property Number: 87199410003 explosive material, Secured Area, Facility 1210 Status: Unutilized Extensive deterioration. Verona Test Annex Reason: Secured Area. Bldg. 751 Town of Verona Co: Oneida NY 13478– Bldg. 830 Niagara Falls AFR Landholding Agency: Air Force U.S. Coast Guard Niagara Falls Co: Niagara NY 14305–5001 Property Number: 18199920020 Governors Island Co: Manhattan NY 10004– Landholding Agency: Air Force Status: Unutilized Landholding Agency: DOT Property Number: 18199830017 Reason: No public access. Property Number: 87199320004 Status: Unutilized Facility 1259 Status: Unutilized Reason: Within 2000 ft. of flammable or Verona Test Annex Reason: Secured Area. explosive material, Secured Area, Town of Verona Co: Oneida NY 13478– Bldg. 8 Extensive deterioration. Landholding Agency: Air Force Rosebank—Coast Guard Facility 1200 Property Number: 18199920021 Housing Verona Text Annex Status: Unutilized Staten Island Co: Richmond NY 10301– Town of Verona Co: Oneida NY 13478– Reason: No public access. Landholding Agency: DOT Landholding Agency: Air Force Facility 1260 Property Number: 87199530009 Property Number: 18199920011 Verona Test Annex Status: Unutilized Status: Unutilized Town of Verona Co: Oneida NY 13478– Reason: Secured Area. Reason: No public access. Landholding Agency: Air Force Bldg. 7 Facility 1202 Property Number: 18199920022 Rosebank—Coast Guard Verona Text Annex Status: Unutilized Housing Town of Verona Co: Oneida NY 13478– Reason: No public access. Staten Island Co: Richmond NY 10301– Landholding Agency: Air Force Warehouse Landholding Agency: DOT Property Number: 18199920012 Whitney Lake Project Property Number: 87199530010 Status: Unutilized Whitney Point Co: Broome NY 13862–0706 Status: Unutilized Reason: No public access. Landholding Agency: COE Reasons: Secured Area, Extensive Facility 1203 Property Number: 31199630007 deterioration. Verona Text Annex Status: Unutilized Bldg. 222 Town of Verona Co: Oneida NY 13478– Reason: Extensive deterioration. Fort Wadsworth Landholding Agency: Air Force 2 Buildings Staten Island Co: Richmond NY 10305– Property Number: 18199920013 Ant Saugerties Landholding Agency: DOT Status: Unutilized Saugerties Co: Ulster NY 12477– Property Number: 87199620003 Reason: No public access. Landholding Agency: DOT Status: Unutilized Facility 1204 Property Number: 87199230005 Reason: Secured Area. Verona Text Annex Status: Unutilized Bldg. 223 Town of Verona Co: Oneida NY 13478– Reason: Extensive deterioration. Fort Wadsworth Landholding Agency: Air Force Bldg. 606, Fort Totten Staten Island Co: Richmond NY 10305– Property Number: 18199920014 New York Co: Queens NY 11359– Landholding Agency: DOT Status: Unutilized Landholding Agency: DOT Property Number: 87199620004 Reason: No public access. Property Number: 87199240020 Status: Unutilized Facility 1205 Status: Unutilized Reason: Secured Area. Verona Text Annex Reason: Secured Area. Bldg. 205 Town of Verona Co: Oneida NY 13478– Bldg. 607, Fort Totten Fort Wadsworth Landholding Agency: Air Force New York Co: Queens NY 11359– Staten Island Co: Richmond NY 10305– Property Number: 18199920015 Landholding Agency: DOT Landholding Agency: DOT Status: Unutilized Property Number: 87199240021 Property Number: 87199620005 Reason: No public access. Status: Unutilized Status: Unutilized Facility 1206 Reasons: Extensive deterioration, Secured Reason: Secured Area. Verona Text Annex Area. Bldg. 9 Town of Verona Co: Oneida NY 13478– Bldg. 605, Fort Totten U.S. Coast Guard—Rosebank Landholding Agency: Air Force New York Co: Queens NY 11359– Staten Island Co: Richmond NY 10301– Property Number: 18199920016 Landholding Agency: DOT Landholding Agency: DOT Status: Unutilized Property Number: 87199240022 Property Number: 87199630027 Reason: No public access. Status: Unutilized Status: Excess Facility 1207 Reasons: Extensive deterioration, Secured Reason: Secured Area. Verona Text Annex Area. Bldg. 10 Town of Verona Co: Oneida NY 13478– Eatons Neck Station U.S. Coast Guard—Rosebank Landholding Agency: Air Force U.S. Coast Guard Staten Island Co; Richmond NY 10301– Property Number: 18199920017 Huntington Co: Suffolk NY 11743– Landholding Agency: DOT Status: Unutilized Landholding Agency: DOT Property Number: 87199630028 Reason: No public access. Property Number: 87199310003 Status: Excess
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Reason: Secured Area. Buxton Co: Dare NC 27902–0604 Landholding Agency: DOT Bldg. 206, Rosebank Landholding Agency: DOT Property Number: 87199530018 Staten Island Co: Richmond NY 10301– Property Number: 87199340005 Status: Unutilized Landholding Agency: DOT Status: Unutilized Reason: Floodway. Property Number: 87199630029 Reason: Secured Area. Unit #68 Status: Excess Water Tanks Buxton Annex, Anna May Court Reason: Secured Area. Group Cape Hatteras Buxton Co: Dare NC 27920– North Carolina Buxton Co: Dare NC 27902–0604 Landholding Agency: DOT Landholding Agency: DOT Property Number: 87199530019 Bldg. 4230—Youth Center Property Number: 87199340006 Status: Unutilized Cannon Ave. Status: Unutilized Reason: Floodway. Goldsboro Co: Wayne NC 27531–5005 Reason: Secured Area. Unit #69 Landholding Agency: Air Force USCG Gentian (WLB 290) Buxton Annex, Anna May Court Property Number: 18199120233 Fort Macon State Park Buxton Co: Dare NC 27920– Status: Underutilized Atlantic Beach Co: Carteret NC 27601– Landholding Agency: DOT Reason: Secured Area. Landholding Agency: DOT Property Number: 87199530020 Bldg. 607, Pope Air Force Base Property Number: 87199420007 Status: Unutilized Fayetteville Co: Cumberland NC 28308–2890 Status: Excess Reason: Floodway. Landholding Agency: Air Force Reason: Secured Area. Unit #70 Property Number: 18199330041 Unit #71 Buxton Annex, Anna May Court Status: Unutilized Buxton Annex, Cape Kendrick Buxton Co: Dare NC 27920– Reasons: Secured Area, Extensive Circle Landholding Agency: DOT deterioration. Buxton Co: Dare NC 27920– Property Number: 87199530021 Bldg. 910, Pope Air Force Base Landholding Agency: DOT Status: Unutilized Fayetteville Co: Cumberland NC 28308–2003 Property Number: 87199530011 Reason: Floodway. Landholding Agency: Air Force Status: Unutilized Unit #77 Property Number: 18199420022 Comment: Floodway. Buxton Annex, Old Lighthouse Road Status: Unutilized Unit #72 Buxton Co: Dare NC 27920– Reasons: Secured Area, Extensive Buxton Annex, Cape Kendrick Landholding Agency: DOT deterioration. Circle Property Number: 87199530022 Bldg. 912, Pope Air Force Base Buxton Co: Dare NC 27920– Status: Unutilized Fayetteville Co: Cumberland NC 28308–2003 Landholding Agency: DOT Reason: Floodway. Landholding Agency: Air Force Property Number: 87199530012 Unit #78 Property Number: 18199420023 Status: Unutilized Buxton Annex, Old Lighthouse Road Status: Unutilized Comment: Floodway. Buxton Co: Dare NC 27920– Reasons: Secured Area, Extensive Unit #73 Landholding Agency: DOT deterioration. Buxton Annex, Cape Kendrick Property Number: 87199530023 Bldg. 914, Pope Air Force Base Circle Status: Unutilized Fayetteville Co: Cumberland NC 28308–2003 Buxton Co: Dare NC 27920– Reason: Floodway. Landholding Agency: Air Force Landholding Agency: DOT Bldg. 45 Property Number: 18199420024 Property Number: 87199530013 Coast Guard Support Center Status: Unutilized Status: Unutilized Elizabeth City Co: Pasquotank NC 27909– Reasons: Secured Area, Extensive Comment: Floodway. 5006 deterioration. Unit #74 Landholding Agency: DOT Bldg. 633, Pope Air Force Base Buxton Annex, Cape Kendrick Circle Property Number: 87199630020 Fayetteville Co: Cumberland NC 28308– Buxton Co: Dare NC 27920– Status: Unutilized Landholding Agency: Air Force Landholding Agency: DOT Reason: Secured Area. Property Number: 18199540019 Property Number: 87199530014 Bldg. 47 Status: Unutilized Status: Unutilized Coast Guard Support Center Reasons: Secured Area, Extensive Reason: Floodway. Elizabeth City Co: Pasquotank NC 27909– deterioration. Unit #75 5006 Group Cape Hatteras Buxton Annex, Cape Kendrick Circle Landholding Agency: DOT Boiler Plant Buxton Co: Dare NC 27920– Property Number: 87199630021 Buxton Co: Dare NC 27902–0604 Landholding Agency: DOT Status: Unutilized Landholding Agency: DOT Property Number: 87199530015 Reason: Secured Area. Property Number: 87199240018 Status: Unutilized Bldg. 53 Status: Unutilized Reason: Floodway. Coast Guard Support Center Reason: Secured Area. Unit #63 Elizabeth City Co: Pasquotank NC 27909– Group Cape Hatteras Buxton Annex, Anna May Court 5006 Bowling Alley Buxton Co: Dare NC 27920– Landholding Agency: DOT Buxton Co: Dare NC 27902–0604 Landholding Agency: DOT Property Number: 87199630022 Landholding Agency: DOT Property Number: 87199530016 Status: Unutilized Property Number: 87199240019 Status: Unutilized Reason: Secured Area. Status: Unutilized Reason: Floodway. Bldg. 57 Reason: Secured Area. Unit #64 Coast Guard Support Center Bldg. 54 Buxton Annex, Anna May Court Elizabeth City Co: Pasquotank NC 27909– Group Cape Hatteras Buxton Co: Dare NC 27920– 5006 Buxton Co: Dare NC 27902–0604 Landholding Agency: DOT Landholding Agency: DOT Landholding Agency: DOT Property Number: 87199530017 Property Number: 87199630023 Property Number: 87199340004 Status: Unutilized Status: Unutilized Status: Unutilized Reason: Floodway. Reason: Secured Area. Reason: Secured Area. Unit #76 Bldg. 9 Bldg. 83 Buxton Annex, Anna May Court VA Medical Center Group Cape Hatteras Buxton Co: Dare NC 27920– 1100 Tunnel road
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Asheville Co: Buncombe NC 28805– Status: Unutilized U.S. Coast Guard Air Station Landholding Agency: VA Reason: Secured Area. Borinquen Property Number: 97199010008 Office Building Aquadilla PR 00604– Status: Unutilized Ohio River Division Landholding Agency: DOT Reason: Extensive deterioration. Laboratories Property Number: 87199330001 North Dakota Mariemont Co: Hamilton OH 15227–4217 Status: Unutilized Reason: Secured Area. Bldg. 422 Landholding Agency: COE Minot Air Force Base Property Number: 31199510004 Bldg. 115 Minot Co: Ward ND 58705– Status: Unutilized U.S. Coast Guard Base Landholding Agency: Air Force Reason: Secured Area. San Juan PR 00902–2029 Property Number: 18199010724 Bldg. 116 Landholding Agency: DOT Status: Underutilized VA Medical Center Property Number: 87199510001 Reason: Secured Area. Dayton Co: Montgomery OH 45428– Status: Unutilized Reason: Secured Area. Bldg. 50 Landholding Agency: VA Fortuna Air Force Station Property Number: 97199920002 Bldg. 117 Extreme northwestern corner of North Dakota Status: Unutilized U.S. Coast Guard Base Fortuna Co: Divide ND 58844– Reason: Extensive deterioration. San Juan PR 00902–2029 Landholding Agency: Air Force Bldg. 217 Landholding Agency: DOT Property Number: 18199310107 VA Medical Center Property Number: 87199510002 Status: Excess Dayton Co: Montgomery OH 45428– Status: Unutilized Reason: Garbage incinerator. Landholding Agency: VA Reason: Secured Area. Bldg. 119 Property Number: 97199920003 Bldg. 118 Minot Air Force Base Status: Unutilized U.S. Coast Guard Base Minot Co: Ward ND 58710– Reason: Extensive deterioration. San Juan PR 00902–2029 Landholding Agency: Air Force Bldg. 402 Landholding Agency: DOT Property Number: 18199320034 VA Medical Center Property Number: 87199510003 Status: Unutilized Dayton Co: Montgomery OH 45428– Status: Unutilized Reason: Secured Area. Landholding Agency: VA Reason: Secured Area. Bldg. 526 Property Number: 97199920004 Bldg. 119 Minot Air Force Base Status: Unutilized U.S. Coast Guard Base Minot Co: Ward ND 58701– Reasons: Extensive deterioration. San Juan PR 00902–2029 Landholding Agency: DOT Landholding Agency: Air Force Bldg. 105 Property Number: 87199510004 Property Number: 18199320038 VA Medical Center Status: Unutilized Status: Unutilized Dayton Co: Montgomery OH 45428– Reason: Secured Area. Reason: Secured Area. Landholding Agency: VA Property Number: 97199920005 Bldg. 120 Bldg. 895 Status: Unutilized U.S. Coast Guard Base Minot Air Force Base Reason: Extensive deterioration. San Juan PR 00902–2029 Minot Co: Ward ND 58701– Landholding Agency: DOT Landholding Agency: Air Force Oklahoma Property Number: 87199510005 Property Number: 18199320039 Bldg. 010 Status: Unutilized Status: Unutilized Tulsa IAP Base Reason: Secured Area. Reason: Secured Area. Tulsa OK 74115–1699 Landholding Agency: Air Force Bldg. 122 Ohio Property Number: 18199820031 U.S. Coast Guard Base 14 Bldgs. Status: Unutilized San Juan PR 00902–2029 Area B, Wright-Patterson AFB Reasons: Within 2000 ft. of flammable or Landholding Agency: DOT Co: Montgomery OH 45433– explosive material, Secured Area. Property Number: 87199510006 Location: 6036, 38, 42, 44, 45, 49, 54, 64, 65, Status: Unutilized Bldg. 305 Reason: Secured Area. 69, 75 Tulsa IAP Base Landholding Agency: Air Force Tulsa OK 74115–1699 Bldg. 128 Property Number: 18199820030 Landholding Agency: Air Force U.S. Coast Guard Base Status: Unutilized Property Number: 18199820032 San Juan PR 00902–2029 Reason: Within airport runway clear zone. Status: Unutilized Landholding Agency: DOT Bldg. 6104, 08, 09 Reasons: Within 2000 ft. of flammable or Property Number: 87199510007 Area B, Wright-Patterson AFB explosive material, Secured Area. Status: Unutilized Reason: Secured Area. Co: Montgomery OH 45433– Oregon Landholding Agency: Air Force Bldg. 129 Property Number: 18199820044 Bldg. 8 U.S. Coast Guard Base Status: Unutilized USCG Tongue Point Moorings San Juan PR 00902–2029 Reason: Within airport runway clear zone. Astoria Co: OR 97103–2099 Landholding Agency: DOT Landholding Agency: DOT Lab Property Number: 87199510008 Property Number: 87199910001 Status: Unutilized Ohio River Division Status: Unutilized Reason: Secured Area. Laboratories Reasons: Extensive deterioration. Mariemont Co: Hamilton OH 15227–4217 Rhode Island Puerto Rico Landholding Agency: COE Station Point Judith Pier Property Number: 31199510002 NAFA Warehouse Narranganset Co: Washington RI 02882— Status: Unutilized U.S. Coast Guard Air Station Landholding Agency: DOT Reason: Secured Area. Borinquen Property Number: 87199310002 Storage Facility Aquadilla PR 00604– Status: Unutilized Ohio River Division Landholding Agency: DOT Reason: Extensive deterioration. Laboratories Property Number: 87199310011 Mariemont Co: Hamilton OH 15227–4217 Status: Unutilized South Dakota Landholding Agency: COE Reason: Secured Area. Bldg. 200, South Nike Ed Annex Property Number: 31199510003 Storage Equipment Bldg. Ellsworth Air Force Base
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Ellsworth AFB Co: Pennington SD 57706— Status: Underutilized Bldg. 609 Landholding Agency: Air Force Reasons: Within 2000 ft. of flammable or Ellsworth AFB Property Number: 18199320048 explosive material, Within airport runway Ellsworth AFB Co: Pennington SD 57706– Status: Unutilized clear zone, Secured Area. Landholding Agency: Air Force Reason: Extensive deterioration. Bldg. 4001 Property Number: 18199930012 Bldg. 201, South Nike Ed Annex Ellsworth AFB Status: Unutilized Ellsworth Air Force Base Co: Meade SD 57706– Reasons: Within 2000 ft. of flammable or Ellsworth AFB Co: Pennington SD 57706— Landholding Agency: Air Force explosive material, Secured Area. Landholding Agency: Air Force Property Number: 18199820035 Bldg. 7911 Property Number: 18199320049 Status: Unutilized Ellsworth AFB Status: Unutilized Reason: Secured Area. Ellsworth AFB Co: Pennington SD 57706– Reason: Extensive deterioration. Bldg. 7239 Landholding Agency: Air Force Bldg. 203, South Nike Ed Annex Ellsworth AFB Property Number: 18199930013 Ellsworth Air Force Base Co: Meade SD 57706– Status: Unutilized Ellsworth AFB Co: Pennington SD 57706– Landholding Agency: Air Force Reason: Secured Area. Landholding Agency: Air Force Property Number: 18199820036 Tennessee Property Number: 18199320050 Status: Unutilized Bldg. 204 Status: Unutilized Reasons: Within 2000 ft. of flammable or Cordell Hull Lake and Dam Project Reason: Extensive deterioration. explosive material, Within airport runway Defeated Creek Recreation Area clear zone, Secured Area. Bldg. 204, South Nike Ed Annex Carthage Co: Smith TN 37030– Ellsworth Air Force Base Bldg. 1102 Location: US Highway 85 Ellsworth AFB Co: Pennington SD 57706– Ellsworth AFB Landholding Agency: COE Landholding Agency: Air Force Co: Meade SD 57706– Property Number: 31199011499 Property Number: 18199320051 Landholding Agency: Air Force Status: Unutilized Status: Unutilized Property Number: 18199820037 Reason: Floodway. Reason: Extensive deterioration. Status: Unutilized Reason: Secured Area. Tract 2618 (Portion) Bldg. 205, South Nike Ed Annex Cordell Hull Lake and Dam Project Ellsworth Air Force Base Bldg. 88307 Roaring River Recreation Area Ellsworth AFB Co: Pennington SD 57706– Ellsworth AFB Gainesboro Co: Jackson TN 38562– Landholding Agency: Air Force Co: Meade SD 57706– Location: TN Highway 135 Property Number: 18199320052 Landholding Agency: Air Force Landholding Agency: COE Status: Unutilized Property Number: 18199820038 Property Number: 31199011503 Reason: Extensive deterioration. Status: Unutilized Status: Underutilized Bldg. 206, South Nike Ed Annex Reasons: Within 2000 ft. of flammable or Reason: Floodway. Ellsworth Air Force Base explosive material, Secured Area. Water Treatment Plant Ellsworth AFB Co: Pennington SD 57706– Bldg. 88320 Dale Hollow Lake & Dam Landholding Agency: Air Force Ellsworth AFB Project Property Number: 18199320053 Co: Meade SD 57706– Obey River Park, State Hwy 42 Status: Unutilized Landholding Agency: Air Force Livingston Co: Clay TN 38351– Reason: Extensive deterioration. Property Number: 18199820039 Landholding Agency: COE Bldg. 88470 Status: Unutilized Property Number: 31199140011 Ellsworth Air Force Base Reasons: Within 2000 ft. of flammable or Status: Excess Ellsworth AFB Co: Meade SD 57706– explosive material, Secured Area. Reason: Water treatment plant. Landholding Agency: Air Force Bldg. 608 Water Treatment Plant Property Number: 18199340033 Ellsworth Air Force Base Status: Unutilized Dale Hollow Lake & Dam Ellsworth AFB Co: Pennington SD 57706— Project Reasons: Within 2000 ft. of flammable or Landholding Agency: Air Force explosive material, Secured Area. Lillydale Recreation Area, State Hwy 53 Property Number: 18199920023 Livingston Co: Clay TN 38351– Bldg. 7506 Status: Unutilized Landing Agency: COE Ellsworth Air Force Base Reasons: Within 2000 ft. of flammable or Property Number: 31199140012 Ellsworth AFB Co: Meade SD 57706– explosive material, Within airport runway Status: Excess Landholding Agency: Air Force clear zone, Secured Area. Reason: Water treatment plant. Property Number: 18199340037 Bldg. 3501 Water Treatment Plant Status: Unutilized Ellsworth Air Force Base Reason: Secured Area. Ellsworth AFB Co: Pennington SD 57706– Dale Hollow Lake & Dam Project Bldg. 111 Landholding Agency: Air Force Willow Grove Recreational Area, Hwy. 53 Ellsworth Air Force Base Property Number: 18199920024 Livingston Co: Clay TN 38351– Ellsworth AFB Co: Meade SD 57706– Status: Unutilized Landholding Agency: COE Landholding Agency: Air Force Reason: Secured Area. Property Number: 31199140013 Property Number: 18199730007 Status: Excess 5 Bldgs. Reason: Water treatment plant. Status: Unutilized Ellsworth Air Force Base Reason: Secured Area. 6926, 6928, 6929, 6930, 6931 Texas Bldg. 7530 Ellsworth AFB Co: Pennington SD 57706– Old Exchange Bldg. Ellsworth Air Force Base Landholding Agency: Air Force U.S. Coast Guard Ellsworth AFB Co: Meade SD 57706– Property Number: 18199920025 Galveston Co: Galveston TX 77553–3001 Landholding Agency: Air Force Status: Unutilized Landholding Agency: DOT Property Number: 18199830025 Reason: Secured Area. Property Number: 87199310012 Status: Unutilized Bldg. 8001 Status: Unutilized Reason: Secured Area. Ellsworth Air Force Base Reason: Secured Area. Bldg. 7504 Ellsworth AFB Co: Pennington SD 57706– WPB Building Ellsworth Air Force Base Landholding Agency: Air Force Station Port Isabel Ellsworth AFB Co: Meade SD 57706– Property Number: 18199920026 Coast Guard Station Landholding Agency: Air Force Status: Unutilized South Padre Island Co: Cameron, TX 78597– Property Number: 18199820034 Reason: Secured Area. 6497
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Landholding Agency: DOT Landholding Agency: Air Force Bldg. 2000 Property Number: 87199530002 Property Number: 18199730008 Fairchild Air Force Base Status: Unutilized Status: Excess Fairchild AFB Co: Spokane WA 99011– Reason: Floodway. Reason: Within 2000 ft. of flammable or Landholding Agency: Air Force Aton Shops Building explosive material. Property Number: 18199310058 USCG Station Sabine Depot Street Status: Unutilized Sabine Co: Jefferson TX 77655– Downtown at the Waterfront Reasons: Within 2000 ft. of flammable or Landholding Agency: DOT Burlington Co: Chittenden VT 05401–5226 explosive material, Secured Area. Property Number: 87199530003 Landholding Agency: DOT Facility 2450 Status: Unutilized Property Number: 87199220003 Fairchild Air Force Base Reasons: Within 2000 ft. of flammable or Status: Excess Fairchild AFB Co: Spokane WA 99011– explosive material, Secured Area. Reason: Floodway. Landholding Agency: Air Force WPB Storage Shed Virginia Property Number: 18199310065 Status: Unutilized USCG Station Sabine Bldg. 417 Sabine Co: Jefferson TX 77655– Reasons: Within 2000 ft. of flammable or Camp Pendleton explosive material, Secured Area. Landholding Agency: DOT Virginia Beach VA 23451– Bldg. 1, Waste Annex Property Number: 87199530004 Landholding Agency: Air Force West of Craig Road Status: Unutilized Property Number: 18199710003 Co: Spokane WA 99022– Reasons: Within 2000 ft. of flammable or Status: Unutilized Landholding Agency: Air Force explosive material, Secured Area. Reason: Extensive deterioration. Property Number: 18199320043 Flammable Storage Building Bldg. 418 USCG Station Sabine Status: Unutilized Camp Pendleton Reason: Secured Area. Sabine Co: Jefferson TX 77655– Virginia Beach VA 23451– Bldg. 97 Landholding Agency: DOT Landholding Agency: Air Force Naval Air Station Property Number: 87199530005 Property Number: 18199710004 Whidbey Island Status: Unutilized Status: Unutilized Oak Harbor Co: WA 98278– Reasons: Within 2000 ft. of flammable or Reason: Extensive deterioration. explosive material, Secured Area. Landholding Agency: Navy Former Oceana HS Property Number: 77199930040 Battery Storage Building Naval Air Station USCG Station Sabine Status: Unutilized Virginia Beach Co: VA 23460– Reason: Extensive deterioration. Sabine Co: Jefferson TX 77655– Landholding Agency: Navy Bldg. 331 Landholding Agency: DOT Property Number: 77199930039 Naval Undersea Warfare Center Property Number: 87199530006 Status: Unutilized Keyport Co: Kitsap WA 98345– Status: Unutilized Reasons: Within airport runway clear zone, Landholding Agency: Navy Reasons: Within 2000 ft. of flammable or Extensive deterioration. explosive material, Secured Area. Property Number: 77199930041 Bldg. 052 & Tennis Court Status: Unutilized Boat House USCG Reserve Training Center USCG Station Sabine Reasons: Secured Area, Extensive Yorktown Co: York VA 23690– deterioration. Sabine Co: Jefferson TX 77655– Landholding Agency: DOT Bldg. 786 Landholding Agency: DOT Property Number: 87199230004 Naval Undersea Warfare Center Property Number: 87199530007 Status: Excess Keyport Co: Kitsap WA 98345– Status: Unutilized Reason: Secured Area. Reasons: Within 2000 ft. of flammable or Landholding Agency: Navy explosive material, Secured Area. Admin. Bldg. Property Number: 77199930042 Coast Guard, Group Eastern Shores Status: Unutilized Small Boat Pier Chincoteague Co: Accomack VA 23361–510 USCG Station Sabine Reasons: Secured Area, Extensive Landholding Agency: DOT deterioration. Sabine Co: Jefferson TX 77655– Property Number: 87199240014 Pistol Range Bldg. Landholding Agency: DOT Status: Unutilized USCG Port Angeles Property Number: 87199530008 Reason: Secured Area. Status: Unutilized Port Angeles Co: Clallam WA 98362–0159 Reasons: Within 2000 ft. of flammable or Little Creek Station Landholding Agency: DOT explosive material, Secured Area. Navamphib Base, West Annex, Property Number: 87199630030 U.S. Coast Guard Status: Unutilized Bldg. 108 Norfolk Co: Princess Anne VA 23520– Fort Crockett/43rd St. Reasons: Within airport runway clear zone, Landholding Agency: DOT Secured Area, Extensive deterioration. Housing Property Number: 87199310004 Floating Boathouse Galveston Co: Galveston TX 77553– Status: Unutilized Bellingham Co: Whatcom WA 98225– Landholding Agency: DOT Reason: Secured Area. Property Number: 87199630008 Landholding Agency: DOT Status: Unutilized Operations Bldg. Property Number: 87199820001 Reason: Extensive deterioration. U.S. Coast Guard Group Status: Excess Hampton Roads Reason: Inaccessible. Utah Portsmouth VA 23703– Bldg. 789 Landholding Agency: DOT Wisconsin Hill Air Force Base (See County) Co: Davis Property Number: 87199710003 Rawley Point Light UT 84056– Status: Unutilized Two Rivers Co: Manitowoc WI Landholding Agency: Air Force Reason: Secured Area. Landholding Agency: DOT Property Number: 18199040859 Washington Property Number: 87199540004 Status: Unutilized Status: Unutilized Reasons: Within airpport runway clear zone, Bldg. 100, Geiger Heights Reasons: Secured Area, Extensive Secured Area. Grove and Hallet Streets deterioration. Fairchild AFB Co: Spokane WA 99204– Vermont Landholding Agency: Air Force Wyoming Facility 100 Property Number: 18199210004 Bldg. 31 Burlington IAP Status: Unutilized F.E. Warren Air Force Base Burlington Co: Chittenden VT 05403–5872 Reason: Extensive deterioration. Cheyenne Co: Laramie WY 82005–
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Landholding Agency: Air Force 8 Bldgs. Reasons: Secured Area, Extensive Property Number: 18199010198 F.E. Warren AFB deterioration. Status: Unutilized 2785–2786, 2770–2771, 2774, 2776, 2990, 9 Bldgs. Reason: Secured Area. 2992 F.E. Warren AFB Bldg. 34 Cheyenne Co: Laramie WY 82005–5000 Cheyenne Co: Laramie WY 82005–5000 F.E. Warren Air Force Base Landholding Agency: Air Force Location: 2529, 2531, 2535–2536, 2538, Cheyenne Co: Laramie WY 82005– Property Number: 18199720006 2540–2543 Landholding Agency: Air Force Status: Unutilized Landholding Agency: Air Force Property Number: 18199010199 Reasons: Secured Area, Extensive Property Number: 18199830025 Status: Unutilized deterioration. Status: Unutilized Reason: Secured Area. Bldgs. 2460–2468 Reasons: Secured Area, Extensive Bldg. 37 F.E. Warren AFB deterioration. F.E. Warren Air Force Base Cheyenne Co: Laramie WY 82005–5000 9 Bldgs. Cheyenne Co: Laramie WY 82005– Landholding Agency: Air Force F.E. Warren AFB Landholding Agency: Air Force Property Number: 18199830018 Cheyenne Co: Laramie WY 82005–5000 Property Number: 18199010200 Status: Unutilized Location: 2545, 2546, 2548–2554 Status: Unutilized Reasons: Secured Area, Extensive Landholding Agency: Air Force Reason: Secured Area. deterioration. Property Number: 18199830026 Bldg. 284 9 Bldgs. Status: Unutilized F.E. Warren Air Force Base F.E. Warren AFB Reasons: Secured Area, Extensive Cheyenne Co: Laramie WY 82005– Cheyenne Co: Laramie WY 82005–5000 deterioration. Landholding Agency: Air Force Location: 2469, 2470, 2508–2511, 2520, 2523, 9 Bldgs. Property Number: 18199010201 2528 F.E. Warren AFB Status: Unutilized Landholding Agency: Air Force Cheyenne Co: Laramie WY 82005–5000 Reason: Secured Area. Property Number: 18199830019 Location: 2555, 2556, 2558, 2559, 2603, 2605, Status: Unutilized Bldg. 385 2607, 2609, 2611 Reasons: Secured Area, Extensive F.E. Warren Air Force Base Landholding Agency: Air Force deterioration. Cheyenne Co: Laramie WY 82005– Property Number: 18199830027 Landholding Agency: Air Force 9 Bldgs. Status: Unutilized Property Number: 18199010202 F.E. Warren AFB Reasons: Secured Area, Extensive Status: Unutilized Cheyenne Co: Laramie WY 82005–5000 deterioration. Reason: Secured Area. Location: 2471–2472, 2502, 2504–2507, 2544 9 Bldgs. Bldgs. 2565–2571 Landholding Agency: Air Force F.E. Warren AFB F.E. Warren AFB Property Number: 18199720020 Cheyenne Co: Laramie WY 82005–5000 Cheyenne Co: Laramie WY 82005–5000 Status: Unutilized Landholding Agency: Air Force Reasons: Secured Area, Extensive Location: 2560, 2561, 2600, 2602, 2604, 2701, Property Number: 18199720001 deterioration. 2702, 2704, 2705 Status: Unutilized Landholding Agency: Air Force 8 Bldgs. Property Number: 18199830028 Reasons: Secured Area, Extensive F.E. Warren AFB deterioration. Status: Unutilized Cheyenne Co: Laramie WY 82005–5000 Reasons: Secured Area, Extensive Location: 2473, 2500, 2503, 2547, 2557, 2601, Bldgs. 2564, 2572 deterioration. F.E. Warren AFB 2613, 2625 Cheyenne Co: Laramie WY 82005–5000 Landholding Agency: Air Force 9 Bldgs. Landholding Agency: Air Force Property Number: 18199830021 F.E. Warren AFB Property Number: 18199720002 Status: Unutilized Cheyenne Co: Laramie WY 82005–5000 Status: Unutilized Reasons: Secured Area, Extensive Location: 2614, 2616, 2618, 2620, 2622, 2624, Reasons: Secured Area, Extensive deterioration. 2714, 2718, 2722 Landholding Agency: Air Force deterioration. 9 Bldgs. Property Number: 18199830029 9 Bldgs. F.E. Warren AFB Status: Unutilized F.E. Warren AFB Cheyenne Co: Laramie WY 82005–5000 Reasons: Secured Area, Extensive 2982–2986, 2989, 2991, 2994–2995 Location: 2512, 2514–2517, 2418, 2519, 2524, deterioration. Cheyenne Co: Laramie WY 82005–5000 2525 Landholding Agency: Air Force Landholding Agency: Air Force 9 Bldgs. Property Number: 18199720003 Property Number: 18199830022 F.E. Warren AFB Status: Unutilized Status: Unutilized Cheyenne Co: Laramie WY 82005–5000 Reasons: Secured Area, Extensive Reasons: Secured Area, Extensive Location: 2615, 2617, 2619, 2621, 2623, 2627 deterioration. deterioration. Landholding Agency: Air Force 6 Bldgs. 9 Bldgs. Property Number: 18199830030 F.E. Warren AFB F.E. Warren AFB Status: Unutilized 2768, 2772, 2773, 2993, 2980, 2988 Cheyenne Co: Laramie WY 82005–5000 Reasons: Secured Area, Extensive Cheyenne Co: Laramie WY 82005–5000 Location: 2513, 2530, 2537, 2606, 2626, 2700, deterioration. Landholding Agency: Air Force 2707, 2720, 2750 9 Bldgs. Property Number: 18199720004 Landholding Agency: Air Force F.E. Warren AFB Status: Unutilized Property Number: 18199830023 Cheyenne Co: Laramie WY 82005–5000 Reasons: Secured Area, Extensive Status: Unutilized Location: 2706, 2708–2713, 2715, 2716 deterioration. Reasons: Secured Area, Extensive Landholding Agency: Air Force 8 Bldgs. deterioration. Property Number: 18199830031 F.E. Warren AFB 9 Bldgs. Status: Unutilized 2784, 2762–2764, 2769, 2775, 2777, 2981 F.E. Warren AFB Reasons: Secured Area, Extensive Cheyenne Co: Laramie WY 82005–5000 Cheyenne Co: Laramie WY 82005–5000 deterioration. Landholding Agency: Air Force Location: 2526, 2527, 2532–2534, 2439, 2608, 9 Bldgs. Property Number: 18199720005 2610, 2612 F.E. Warren AFB Status: Unutilized Landholding Agency: Air Force Cheyenne Co: Laramie WY 82005–5000 Reasons: Secured Area, Extensive Property Number: 18199830024 Location: 2717, 2719, 2721, 2727, 2728, 2751, deterioration. Status: Unutilized 2753, 2757, 2759
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Landholding Agency: Air Force Bldg. 97 Reason: Inaccessible. Property Number: 18199830032 Medical Center Arizona Status: Unutilized Sheridan Co: Sheridan WY 82801– Reasons: Secured Area, Extensive Landholding Agency: VA 58 acres deterioration. Property Number: 97199410011 VA Medical Center 500 Highway 89 North 10 Bldgs. Status: Unutilized Prescott Co: Yavapai AZ 86313– F.E. Warren AFB Reason: Sewage disposal plant. Landholding Agency: VA Cheyenne Co: Laramie WY 82005–5000 Structure 98 Property Number: 97190630001 Location: 2723–2726, 2752, 2754–2756, 2758, Medical Center Status: Unutilized 2703 Sheridan Co: Sheridan WY 82801– Reason: Floodway Landholding Agency: Air Force Landholding Agency: VA 20 acres Property Number: 18199830033 Property Number: 97199410012 Status: Unutilized VA Medical Center Status: Unutilized 500 Highway 89 North Reasons: Secured Area, Extensive Reason: Sludge bed/sewage disposal plant. deterioration. Prescott Co: Yavapai AZ 86313– Bldg. 80 Landholding Agency: VA 4 Bldgs. Medical Center Property Number: 97190630002 F.E. Warren AFB Sheridan WY 82801– Status: Underutilized Cheyenne Co: Laramie WY 82005–5000 Landholding Agency: VA Reason: Floodway. Location: 2739, 2740, 2760, 2761 Property Number: 97199840001 Landholding Agency: Air Force Status: Unutilized Florida Property Number: 18199830034 Reasons: Floodway, Extensive deterioration. Land Status: Unutilized MacDill Air Force Base Reasons: Secured Area, Extensive Land (by State) 6601 S. Manhattan Avenue deterioration. Alaska Tampa Co: Hillsborough FL 33608– Bldg. 919 Campion Air Force Station Landholding Agency: Air Force F.E. Warren AFB 21 CSG/DEER Property Number: 18199030003 Cheyenne Co: Laramie WY 82005–5000 Elmendorf AFB Co: Anchorage AK 99506– Status: Excess Landholding Agency: Air Force 5000 Reason: Floodway. Property Number: 18199930015 Landholding Agency: Air Force Land—approx. 220 acres Status: Unutilized Property Number: 18199010430 Cape San Blas Reason: Secured Area. Status: Unutilized Port St. Joe Co: Gulf FL Bldg. 95 Reasons: Isolated area, Not accessible by Landholding Agency: DOT Medical Center road, isolated and remote area; Arctic Property Number: 87199440018 N.W. of town at the end of Fort Road environ. Status: Underutilized Sheridan Co: Sheridan WY 82801– Reason: Floodway, Secured Area. Lake Louise Recreation Landholding Agency: VA Wildlife Sanctuary, VAMC Property Number: 97199110004 21 CSG–DEER Elmendorf AFB Co: Anchorage AK 99506– 10,000 Bay Pines Blvd. Status: Unutilized Bay Pines Co: Pinellas FL 33504– Reason: Sewage digester for disposal plant. 5000 Landholding Agency: Air Force Landholding Agency: VA Bldg. 96 Property Number: 18199010431 Property Number: 97199230004 Medical Center Status: Unutilized Status: Underutilized N.W. of town at the end of Fort Road Reasons: Isolated area, Not accessible by Reason: Inaccessible. Sheridan Co: Sheridan WY 82801– road, Isolated and remote area; Arctic Kentucky Landholding Agency: VA coast. Property Number: 97199110005 Tract 4626 Status: Unutilized Nikolski Radio Relay Site Barkley Lake, Kentucky and Tennessee Reason: Pump house for sewage disposal 21 CSG/DEER Donaldson Creek Launching Area plant. Elmendorf AFB Co: Anchorage AK 99506– Cadiz Co: Trigg KY 42211– 5000 Structure 99 Location: 14 miles from US Highway 68. Landholding Agency: Air Force Medical Center Landholding Agency: COE Property Number: 18199010432 N.W. of town at the end of Fort Road Property Number: 31199010030 Status: Unutilized Sheridan Co: Sheridan WY 82801– Status: Underutilized Reasons: Isolated area, Not accessible by Landholding Agency: VA Reason: Floodway. road, Isolated and remote area; Arctic Property Number: 97199110006 Tract AA–2747 Status: Unutilized coast. Wolf Creek Dam and Lake Cumberland Reason: Mechanical screen for sewage Russian Creek Aggregate Site US HWY. 27 to Blue John Road disposal plant. USCG Support Center Kodiak Burnside Co: Pulaski KY 42519– Structure 100 Kodiak Co: Kodiak AK 99619– Landholding Agency: COE Medical Center Landholding Agency: DOT Property Number: 31199010038 N.W. of town at the end of Fort Road Property Number: 87199440025 Status: Underutilized Sheridan Co: Sheridan WY 82801– Status: Excess Reason: Floodway. Landholding Agency: VA Reason: Floodway. Tract AA–2726 Property Number: 97199110007 Sargent Creek Aggregate Site Wolf Creek Dam and Lake Cumberland Status: Unutilized USCG Support Center Kodiak KY HWY. 80 to Route 769 Reason: Dosing tank for sewage disposal Kodiak Co: Kodiak AK 99619– Burnside Co: Pulaski KY 42519– plant. Landholding Agency: DOT Landholding Agency: COE Structure 101 Property Number: 87199440026 Property Number: 31199010039 Medical Center Status: Excess Status: Underutilized N.W. of town at the end of Fort Road Reason: Floodway. Reason: Floodway. Sheridan Co: Sheridan WY 82801– Land—Sanak Island Tract 1358 Landholding Agency: VA 106+acres Barkley Lake, Kentucky and Tennessee Property Number: 97199110008 Sanak Island Co: Sanak Harbor AK Eddyville Recreation Area Status: Unutilized Landholding Agency: DOT Eddyville Co: Lyon KY 42038– Reason: Chlorination chamber for sewage Property Number: 87199640003 Location: US Highway 62 to state highway disposal. Status: Unutilized 93.
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Landholding Agency: COE Landholding Agency: COE Property Number: 31199011018 Property Number: 31199010043 Property Number: 31199840003 Status: Underutilized Status: Excess Status: Unutilized Reason: Within airport runway clear zone. Reason: Floodway. Reason: Inaccessible. Missouri Red River Lake Project Maryland Ditch 19, Item 2, Tract No. 230 Stanton Co: Powell KY 40380– St. Francis Basin Project Location: Exit Mr. Parkway at the Stanton Land 21⁄2 miles west of Malden Co: Dunklin MO and Slade Interchange, then take SR Hand Brandywine Storage Annex 1776 ABW/DE Brandywine Road, Landholding Agency: COE 15 north to SR 613. Property Number: 31199130001 Landholding Agency: COE Route 381 Andrews AFB Co: Prince Georges MD 20613– Status: Unutilized Property Number: 31199011684 Reason: Floodway. Status: Unutilized Landholding Agency: Air Force Reason: Floodway. Property Number: 18199010263 New Mexico Barren River Lock & Dam No. 1 Status: Unutilized Facility 75100 Richardsville Co: Warren KY 42270– Comment: Secured Area. Holloman Air Force Base Landholding Agency: COE Tract 131R Co: Otero NM 88330– Property Number: 31199120008 Youghiogheny River Lake, Rt. 2, Box 100 Landholding Agency: Air Force Status: Unutilized Friendsville Co: Garrett MD Property Number: 18199240043 Reason: Floodway. Landholding Agency: COE Status: Unutilized Green River Lock & Dam No. 3 Property Number: 31199240007 Reason: Secured Area. Rochester Co: Butler KY 42273– Status: Underutilized New York Reason: Floodway. Location: Off State Hwy. 369, which runs off Tract 1 of Western Ky. Parkway Michigan VA Medical Center Landholding Agency: COE Middle Marker Facility Bath Co: Steuben NY 14810– Property Number: 31199120009 Yipsilanti Co: Washtenaw MI 48198– Location: Exit 38 off New York State Route Status: Unutilized Location: 549 ft. north of intersection of 17. Reason: Floodway. Coolidge and Bradley Ave. on East side of Landholding Agency: VA Green River Lock & Dam No. 4 street Property Number: 97199010011 Woodbury Co: Butler KY 42288– Landholding Agency: DOT Status: Unutilized Location: Off State Hwy 403, which is off Property Number: 87199120006 Reason: Secured Area. State Hwy 231 Status: Unutilized Tract 2 Landholding Agency: COE Reason: Within airport runway clear zone. VA Medical Center Property Number: 31199120014 Bath Co: Steuben NY 14810– Status: Underutilized Minnesota Location: Exit 38 off New York State Route Reason: Floodway. Parcel G 17. Pine River Green River Lock & Dam No. 5 Landholding Agency: VA Cross Lake Co: Crow Wing MN 56442– Readville Co: Butler KY 42275– Property Number: 97199010012 Location: 3 miles from city of Cross Lake Location: Off State Highway 185 Status: Underutilized between highways 6 and 371. Landholding Agency: COE Reason: Secured Area. Property Number: 31199120015 Landholding Agency: COE Tract 3 Status: Unutilized Property Number: 31199011037 VA Medical Center Reason: Floodway. Status: Excess Reason: Highway right of way. Bath Co: Steuben NY 14810– Green River Lock & Dam No. 6 Location: Exit 38 off New York State Route VAMC Brownsville Co: Edmonson KY 42210– 17. VA Medical Center Location: Off State Highway 259 Landholding Agency: VA 4801 8th Street No. Landholding Agency: COE Property Number: 97199010013 St. Cloud Co: Sterns MN 56303– Property Number: 31199120016 Status: Underutilized Landholding Agency: VA Status: Underutilized Reason: Secured Area. Reason: Floodway. Property Number: 97199010049 Status: Underutilized Tract 4 Vacant land west of locksite VA Medical Center Greenup Locks and Dam Reason: Within 2000 ft. of flammable or explosive material. Bath Co: Steuben NY 14810– 5121 New Dam Road Location: Exit 38 off New York State Route 3.85 acres (Area #2) Rural Co: Greenup KY 41144– 17. VA Medical Center Landholding Agency: COE Landholding Agency: VA 4801 8th Street Property Number: 31199120017 Property Number: 97199010014 St. Cloud Co: Stearns MN 56303– Status: Unutilized Status: Unutilized Landholding Agency: VA Reason: Floodway. Reason: Secured Area. Property Number: 97199740004 Tract 6404, Cave Run Lake North Dakota U.S. Hwy 460 Status: Unutilized Index Co: Morgan KY Reason: Landlocked. 0.23 acres # Landholding Agency: COE 7.48 acres (Area 1) Minot Middle Marker Annex Property Number: 31199240005 VA Medical Center Co: Ward ND 58705– Status: Underutilized 4801 8th Street Landholding Agency: Air Force Reason: Floodway. St. Cloud Co: Stearns MN 56303– Property Number: 18199810001 Status: Unutilized Tract 6803, Cave Run Lake Landholding Agency: VA Reason: Within airport runway clear zone. State Road 1161 Property Number: 97199740005 Pomp Co: Morgan KY Status: Underutilized Ohio Reason: Secured Area. Landholding Agency: COE Mosquito Creek Lake Property Number: 31199240006 Mississippi Everett Hull Road Boat Launch Status: Underutilized Parcel 1 Cortland Co: Trumbull OH 44410–9321 Reason: Floodway. Grenada Lake Landholding Agency: COE 8.04 acres Section 20 Property Number: 31199440007 Taylorsville Lake Project Grenada Co: Grenada MS 38901–0903 Status: Underutilized Taylorsville Co: Spenser KY 40071–9801 Landholding Agency: COE Reason: Floodway.
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Mosquito Creek Lake Location: Big Bottom Road Property Number: 31199011487 Housel—Craft Rd., Boat Launch Landholding Agency: COE Status: Unutilized Cortland Co: Trumbull OH 44410–9321 Property Number: 31199011479 Reason: Floodway. Landholding Agency: COE Status: Excess Tracts 2200 and 2201 Property Number: 31199440008 Reason: Floodway. Gainesboro Airport Status: Underutilized Track 3507 Cordell Hull Lake and Dam Project Reason: Floodway. Proctor Site Gainesboro Co: Jackson TN 38562– 36 Site Campground Cordell Hull Lake and Dam Project Location: Big Bottom Road German Church Campground Celina Co: Clay TN 38551– Landholding Agency: COE Berlin Center Co: Portage OH 44401–9707 Location: TN Highway 52 Property Number: 31199011488 Landholding Agency: COE Landholding Agency: COE Status: Underutilized Property Number: 31199810001 Property Number: 31199011480 Reason: Within airport runway clear zone, Status: Unutilized Status: Unutilized Floodway. Reason: Floodway. Reason: Floodway. Tracts 710C and 712C Pennsylvania Tract 3721 Sullivan Island Lock and Dam #7 Obey Cordell Hull Lake and Dam Project Monongahela River Cordell Hull Lake and Dam Project Carthage Co: Smith TN 37030– Greensboro Co: Greene PA Celina Co: Clay TN 38551– Location: Sullivan Bend Road Location: Left hand side of entrance roadway Location: TN Highway 53 Landholding Agency: COE to project. Landholding Agency: COE Property Number: 31199011489 Landholding Agency: COE Property Number: 31199011481 Status: Unuitlized Property Number: 31199011564 Status: Unutilized Reason: Floodway. Status: Unutilized Reason: Floodway. Tract 2403, Hensley Creek Reason: Floodway. Tracts 608, 609, 611 and 612 Cordell Hull lake and Dam Project Mercer Recreation Area Sullivan Bend Launching Area Gainesboro Co: Jackson TN 38562– Shenango Lake Cordell Hull Lake and Dam Project Location: TN Highway 85 Transfer Co: Mercer PA 16154– Carthage Co: Smith TN 37030– Landholding Agency: COE Landholding Agency: COE Location: Sullivan Bend Road Property Number: 31199011490 Property Number: 31199810002 Landholding Agency: COE Status: Unutilized Status: Unutilized Property Number: 31199011482 Reason: Floodway. Reason: Floodway. Status: Underutilized Tracts 2117C, 2118 and 2120 Reason: Floodway. South Dakota Cordell Hull lake and Dam Project Tract 920 Trace Creek Badlands Bomb Range Indian Creek Camping Area Gainesboro Co: Jackson TN 38562– 60 miles southeast of Rapid City, SD Cordell Hull Lake and Dam Project Location: Brooks Ferry Road 11⁄2 miles south of Highway 44 Granville Co: Smith TN 38564– Landholding Agency: COE Co: Shannon SD Location: TN Highway 53 Property Number: 31199011491 Landholding Agency: Air Force Landholding Agency: COE Status: Unutilized Property Number: 18199210003 Property Number: 31199011483 Reason: Floodway. Status: Unutilized Status: Underutilized Tracts 424, 425 and 426 Reason: Secured Area. Reason: Floodway. Cordell Hull Lake and Dam Project Tennessee Tracts 1710, 1716 and 1703 Stone Bridge Brooks Bend Flynns Lick Launching Ramp Carthage Co: Smith TN 37030– Cordell Hull Dam and Reservoir Cordell Hull Lake and Dam Project Location: Sullivan Bend Road Highway 85 to Brooks Bend Road Gainesboro Co: Jackson TN 38562– Landholding Agency: COE Gainesboro Co: Jackson TN 38562– Location: Whites Bend Road Property Number: 31199011492 Location: Tracts 800, 802–806, 835–837, 900– Landholding Agency: COE Status: Unutilized 902, 1000–1003, 1025 Property Number: 31199011484 Reason: Floodway. Landholding Agency: COE Status: Underutilized Tract 517 Property Number: 21199040413 Reason: Floodway. J. Percy Priest Dam and Reservoir Status: Underutilized Tract 1810 Suggs Creek Embayment Reason: Floodway. Wartrace Creek Launching Ramp Nashville Co: Davidson TN 37214– Cheatham Lock and Dam Cordell Hull Lake and Dam Project Location: Interstate 40 to S. Mount Juliet Highway 12 Gainesboro Co: Jackson TN 38551– Road. Ashland City Co: Cheatham TN 37015– Location: TN Highway 85 Landholding Agency: COE Location: Tracts E–513, E–512–1 and E–512– Landholding Agency: COE Property Number: 31199011493 2 Property Number: 31199011485 Status: Underutilized Landholding Agency: COE Status: Underutilized Reason: Floodway. Property Number: 21199040415 Reason: Floodway. Tract 1811 Status: Underutilized Tract 2524 West Fork Launching Area Reasons: Floodway. Jennings Creek Smyrna Co: Rutherford TN 37167– Tract 6737 Cordell Hull Lake and Dam Project Location: Florence raod Enon Springs Road Blue Creek Recreation Area Gainesboro Co: Jackson TN 38562– Landholding Agency: COE Barkley Lake, Kentucky and Tennessee Location: TN Highway 85 Property Number: 31199011494 Dover Co: Stewart TN 37058– Landholding Agency: COE Status: Underutilized Location: U.S. Highway 79/TN Highway 761 Property Number: 31199011486 Reason: Floodway. Landholding Agency: COE Status: Unutilized Tract 1504 Property Number: 31199011478 Reason: Floodway. J. Perry Priest Dam and Reservoir Status: Underutilized Tracts 2905 and 2907 Lamon Hill Recreation Area Reason: Floodway. Webster Smyrna Co: Rutherford TN 37167– Tracts 3102, 3105, and 3106 Cordell Hull Lake and Dam Project Location: Lamon Road Brimstone Launching Area Gainesboro Co: Jakson TN 38551– Landholding Agency: COE Cordell Hull Lake and Dam Project Location: Big Bottom Road Property Number: 31199011495 Gainesboro Co: Jackson TN 38562– Landholding Agency: COE Status: Underutilized
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Reason: Floodway. Location: Highway 70 N Utah Tract 1500 Landholding Agency: COE 10.24 acres J. Perry Priest Dam and Reservoir Property Number: 31199011504 Southern Utah Communication Pools Knob Recreation Status: Underutilized Site Smyrna Co: Rutherford TN 37167– Reason: Floodway. Salt Lake UT Location: Jones Mill Road Tracts 510, 511, 513 and 514 Landholding Agency: Air Force Landholding Agency: COE J. Percy Priest Dam and Reservoir Project Property Number: 1819810002 Property Number: 31199011496 Lebanon Co: Wilson TN 37087– Status: Unutilized Status: Underutilized Location: Vivrett Creek Launching Area, Reason: Inaccessible. Reason: Floodway. Alvin Sperry Road Washington Tracts 245, 257, and 256 Landholding Agency: COE J. Perry Priest Dam and Reservoir Property Number: 31199120007 Fairchild AFB Cook Recreation Area Status: Underutilized SE corner of base Nashville Co: Davidson TN 37214– Reason: Floodway. Fairchild AFB Co: Spokane WA 99011– Location: 2.2 miles south of Interstate 40 near Landholding Agency: Air Force Tract A–142, Old Hickory Beach Property Number: 18199010137 Saunders Ferry Pike. Old Hickory Blvd. Landholding Agency: COE Status: Unutilized Old Hickory Co: Davidson TN 37138– Reason: Secured Area. Property Number: 31199011497 Landholding Agency: COE Status: Underutilized Property Number: 31199130008 Fairchild AFB Reason: Floodway. Status: Underutilized Fairchild AFB Co: Spokane WA 99011– Tracts 107, 109 and 110 Reason: Floodway. Location: NW corner of base Cordell Hull Lake and Dam Project Landholding Agency: Air Force Two Prong Texas Property Number: 18199010138 Carthage Co: Smith TN 37030– Tracts 104, 105–1, 105–2 & 118 Status: Unutilized Location: US Highway 85 Joe Pool Lake Reason: Secured Area. Landholding Agency: COE Co: Dallas TX Tract B–201 Property Number: 31199011498 Landholding Agency: COE Geiger Heights Lagoon Status: Underutilized Property Number: 31199010397 Spokane Co: WA 99210– Reason: Floodway. Status: Underutilized Landholding Agency: Air Force Tracts 2919 and 2929 Reason: Floodway. Property Number: 18199930014 Cordell Hull Lake and Dam Project Part of Tract 201–3 Status: Excess Sugar Creek Joe Pool Lake Reason: No public access Gainesboro Co: Jackson TN 38562– Co: Dallas TX West Virginia Location: Sugar Creek Road Landholding Agency: COE Morgantown Lock and Dam Landholding Agency: COE Property Number: 31199010398 Box 3 RD # 2 Property Number: 31199011500 Status: Underutilized Morgantown Co: Monongahelia WV 26505– Status: Underutilized Reason: Floodway. Landholding Agency: COE Reason: Floodway. Part of Tract 323 Property Number: 31199011530 Tracts 1218 and 1204 Joe Pool Lake Status: Unutilized Cordell Hull Lake and Dam Project Co: Dallas TX Reason: Floodway. Granville—Alvin Yourk Road Landholding Agency: COE London Lock and Dam Granville Co: Jackson TN 38564– Property Number: 31199010399 Route 60 East Landholding Agency: COE Status: Underutilized Rural Co: Kanawha WV 25126– Property Number: 31199011501 Reason: Floodway. Location: 20 miles east of Charleston, W. Status: Underutilized Tract 702–3 Virginia. Reason: Floodway. Granger Lake Landholding Agency: COE Tract 2100 Route 1, Box 172 Property Number: 31199011690 Cordell Hull Lake and Dam Project Granger Co: Williamson TX 76530–9801 Status: Unutilized Galbreaths Branch Landholding Agency: COE Reason: 03 acres; very narrow strip of land Gainesboro Co: Jackson TN 38562– Property Number: 31199010401 loc. Location: TN Highway 53 Status: Unutilized Portion of Tract #101 Landholding Agency: COE Reason: Floodway. Buckeye Creek Property Number: 31199011502 Tract 706 Sutton Co: Braxton WV 26601– Status: Unutilized Granger Lake Landholding Agency: COE Reason: Floodway. Route 1, Box 172 Property Number: 31199810006 Tract 104 et al. Granger Co: Williamson TX 76530–9801 Status: Excess Cordell Hull Lake and Dam Landholding Agency: COE Reason: inaccessible. Project Property Number: 31199010402 Horshoe Bend Launching Area Status: Unutilized [FR Doc. 99–20563 Filed 8–12–99; 8:45 am] Carthage Co: Smith TN 37030– Reason: Floodway. BILLING CODE 4210±29±M
VerDate 18-JUN-99 17:33 Aug 12, 1999 Jkt 183247 PO 00000 Frm 00048 Fmt 4701 Sfmt 4703 E:\FR\FM\13AUN2.XXX pfrm03 PsN: 13AUN2 eDt 8JN9 92 u 2 99Jt134 O000Fm001Ft41 ft41 :F\M1AN.X fm3PsN:13AUN3 pfrm03 E:\FR\FM\13AUN3.XXX Sfmt4717 Fmt4717 Frm00001 PO00000 Jkt183247 19:29Aug12, 1999 VerDate 18-JUN-99 federal register August 13,1999 Friday Comment: Notices and OpportunityforPublicReview Energy ReturnContracts,PublicHearing, Contract RatetoCertainCapacityWith Clarifying theApplicabilityofFPS±96 Services RateSchedule(FPS±96): Errors intheFirmPowerProductsand Comment andProposedCorrectionof Opportunities forPublicReviewand Adjustment, PublicHearing,and 2002 ProposedWholesalePowerRate Bonneville PowerAdministraiton Energy Department of Part III 44317 44318 Federal Register / Vol. 64, No. 156 / Friday, August 13, 1999 / Notices
DEPARTMENT OF ENERGY Mr. Stephen R. Oliver, Bulk Power transmission service, including Marketing—PSB–6, P.O. Box 3621, ancillary services, must satisfy section Bonneville Power Administration Portland, OR 97208 212(i) of the Federal Power Act, 16 Mr. Richard J. Itami, Eastern Power U.S.C. 824k(i). Such rates must also 2002 Proposed Wholesale Power Rate Business Area—PSE, 707 W. Main, satisfy the comparability standard for Adjustment, Public Hearing, and Suite 500, Spokane, WA 99201 the open access tariff reciprocity Opportunities for Public Review and Mr. John Elizalde, Western Power compliance requirements of FERC Order Comment Business Area—PSW–6, P.O. Box 888.1 The inter-business line and 3621, Portland, OR 97208 AGENCY: Bonneville Power General Transfer Agreement (GTA) Administration (BPA), Department of Responsible Official: Ms. Diane issues discussed below will be used to Energy (DOE). Cherry, Manager for Power Products, develop ancillary service and Pricing and Rates, is the official transmission rates in the subsequent ACTION: Notice of Proposed Wholesale responsible for the development of transmission rate case. Power Rates and Proposed Resolution of BPA’s wholesale power rates. BPA’s initial proposed 2002 Certain Transmission-Related Issues. SUPPLEMENTARY INFORMATION: Wholesale Power Rate Schedules and SUMMARY: BPA requests that all Table of Contents General Rate Schedule Provisions are comments and documents intended to published in Part V below. The studies I. Introduction and Procedural Background addressing the factors used to develop become part of the Official Record in II. Purpose and Scope of Hearing this process contain the file number III. Public Participation these rates are listed in Part IV and will designation WP–02. The Pacific IV. Major Studies and Summary of Proposal be available for examination on August Northwest Electric Power Planning and V. 2002 Wholesale Power Rate Schedules 24, 1999, at BPA’s Public Information Conservation Act (Northwest Power A. Introduction Center, BPA Headquarters Building, 1st B. Summary of 2002 Wholesale Power Rate Act), provides that BPA must establish Floor; 905 NE. 11th, Portland, Oregon, Schedules, 2002 GRSPs, and New 1996 and will be provided to parties at the and periodically review and revise its GRSPs rates so that they are adequate to prehearing conference to be held on recover, in accordance with sound Part I—Introduction and Procedural August 24, 1999, from 9 a.m. to 12 p.m., business principles, the costs associated Background Room 223, 911 NE. 11th, Portland, with the acquisition, conservation, and Section 7(i) of the Northwest Power Oregon. transmission of electric power, and to Act, 16 U.S.C. 839e(i), requires that To request any of the studies by recover the Federal investment in the BPA’s rates be established according to telephone, call BPA’s document request Federal Columbia River Power System certain procedures. These procedures line: (503) 230–4328 or call toll-free 1– (FCRPS) and other costs incurred by include, among other things, 800–622–4519. Please request the BPA. publication of notice of the proposed document by its listed title. Also state By this notice, BPA announces its rates in the Federal Register; one or whether you require the accompanying proposed 2002 wholesale power rates, a more hearings conducted as documentation (these can be quite proposed methodology for treatment expeditiously as practicable by a lengthy); otherwise the study alone will and allocation of inter-business line hearing officer; public opportunity for be provided. The studies and costs, and a cost allocation proposal for both oral presentation and written documentation will also be available on non-Federal transmission for Federal submission of views; data questions and BPA’s website at www.bpa.gov/power/ and non-Federal power purchases for argument related to the proposed rates; ratecase. BPA’s current General Transfer and a decision by the Administrator BPA will release its 2002 initial Customers, to be effective on October 1, based on the record. This proceeding is wholesale power rate proposal on 2001. The rate case proceedings also governed by Section 1010.9 of BPA’s August 24, 1999, and expects to publish include BPA’s proposal to revise the Procedures Governing Bonneville Power a final ROD on April 7, 2000. BPA will Priority Firm Power (PF–96) rate Administration Rate Hearings, 51 FR be conducting a formal evidentiary rate schedule by applying a Targeted 7611 (1986) (Procedures). These hearing attended by regional parties. Adjustment Charge for Uncommitted Procedures implement the statutory Interested parties must file petitions to Loads, to be effective January 1, 2001. section 7(i) requirements. Section intervene in order to take part in the 1010.7 of the Procedures prohibits ex formal hearing. A proposed schedule for DATES: Written comments by the formal hearing is stated below. A participants must be received by parte communications. The Bonneville Project Act, 16 U.S.C. final schedule will be established by the November 5, 1999, to be considered in Hearing Officer at the prehearing the Record of Decision (ROD). 832, the Flood Control Act of 1944, 16 U.S.C. 825s, the Federal Columbia River conference. ADDRESSES: Written comments should Transmission System Act, 16 U.S.C. August 24, 1999: BPA files Direct Case/ be submitted to the Manager, Corporate 838, and the Northwest Power Act, 16 Prehearing Conference Communications—CK; Bonneville U.S.C. 839, provide guidance regarding October 14, 1999: Parties file Direct Power Administration; P.O. Box 12999; BPA ratemaking. The Northwest Power Cases Portland, Oregon 97212. Act requires BPA to set rates that are November 5, 1999: Close of Participant FOR FURTHER INFORMATION CONTACT: Mr. sufficient to recover, in accordance with Comments Michael Hansen, Public Involvement sound business principles, the cost of December 8, 1999: Litigants file Rebuttal and Information Specialist, at the acquiring, conserving, and transmitting Testimony address listed above. Interested persons electric power, including amortization January 13, 2000: Cross-Examination may also call (503) 230–4328 or call toll- of the Federal investment in the FCRPS February 10, 2000: Initial Briefs Filed free 1–800–622–4519. Information also over a reasonable period of years, and may be obtained from: the other costs and expenses incurred 1 Promoting Wholesale Competition Through Open Access Non-Discriminatory Transmission Mr. Allen L. Burns, Group Vice by the Administrator. In addition, rates Services by Public Utilities; Recovery of Stranded President, Power Business Line—PS– for the Federal Energy Regulatory Costs by Public Utilities and Transmitting Utilities, 6, P.O. Box 3621, Portland, OR 97208 Commission (FERC)-ordered Order No. 888, FERC Stats. & Regs ¶ 31,036 (1996).
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February 17, 2000: Oral Argument of generating power; the costs of regional public process known as the before the Administrator protecting, mitigating, and enhancing Cost Review (described below) to reduce March 10, 2000: Draft ROD issued fish and wildlife; the costs of investing costs. March 24, 2000: Briefs on Exceptions in public purposes; and the costs of The third goal of BPA’s Subscription April 7, 2000: Final ROD—Final Studies repaying the Treasury for the capital Strategy was to allow BPA to fulfill its BPA will also be conducting eight investment in the hydro system. BPA fish and wildlife obligations while public field hearings in cities has addressed these legislative assuring a high level of Treasury throughout the region. Public field requirements with policies that payment. There are a wide range of hearings are an opportunity for persons implement the statutory directives. options currently under discussion for who are not parties in the formal rate The major goal for many of BPA’s these fish and wildlife obligations. The hearing to have their views included in policies, as stated in BPA’s Subscription options have different costs associated the official record. Written transcripts Strategy, is to promote the spread of the with them, so BPA’s financial tools will be made at all of the field hearings. benefits of the FCRPS as broadly as include methods to ensure that there The field hearings are scheduled to possible, with special attention given to will be sufficient money to meet the begin at 6 p.m. Following are the the residential and rural customers of costs, such as risk mitigation measures tentative dates and locations for the the region. Due to the changing market, in the event that future revenues are not field hearings. Confirmation of these BPA must balance the competing as high as anticipated. BPA measures its hearing dates will be made through demands for its low cost power. Public ability to meet its obligations by setting mailings and public advertising or by agency customers, known as preference an 88 percent probability goal of making calling BPA Corporate Communications customers, continue to have first its U.S. Treasury payment on time and at the telephone number listed above. priority to this low cost power. For this in full. By setting a high Treasury Announcements will also be posted on group, BPA proposes to sell Payment Probability (TPP), BPA assures BPA’s wholesale power rate case Subscription power below market, with that all other obligations are met before website at www.bpa.gov/power/ no increase in the average Priority Firm the Treasury payment is made. ratecase. Power (PF) rate from BPA’s 1996 rates. BPA’s Subscription Strategy has a BPA’s initial rate proposal also September 30, 1999: Idaho Falls, Idaho final goal of continuing to support its implements the Subscription Strategy October 4, 1999: Pasco, Washington important role of being a leader in the plan to offer a combination of power October 5, 1999: Missoula, Montana regional effort to capture the value of October 6, 1999: Spokane, Washington and financial benefits to regional conservation and renewable resources. October 7, 1999: Everett, Washington investor-owned utilities (IOUs) for the BPA intends to provide market October 12, 1999: Olympia, Washington benefit of their residential and small incentives for these and other emerging October 13, 1999: Eugene, Oregon farm customers. BPA’s rate proposal technologies. October 14, 1999: Portland, Oregon also responds to the viability concerns BPA’s Subscription goal of spreading of BPA’s direct service industrial the benefits of the FCRPS through low Part II—Purpose and Scope of Hearing customers (DSIs) by offering power cost power, as well as BPA’s other goals, A. Overview of the Market below market prices. are reflected in all of BPA’s actions. The In addition to supplying low cost rate case provides only one part of The wholesale electricity market power to its customer groups, BPA implementing BPA’s goals—through facing BPA today is different from 1996, policies also spread the benefits of the rate levels and rate designs. Many when BPA last set rates, although BPA FCRPS to other stakeholders. BPA uses actions, such as contract negotiations anticipated that the market would its funds to support its share of a wide and setting spending levels, occur become increasingly competitive. range of activities designed to address outside of the ratemaking process. External influences such as the national fish and wildlife concerns by keeping BPA has conducted a number of and state-by-state deregulation of the open all the options for future fish public processes over the last five years power markets, changes in market price alternatives. Finally, BPA protects the to gain public input into how to balance expectations, and continuing concerns interests of the U.S. Treasury and these major goals. Now it is about to about the environment are factors that Federal taxpayers by maintaining a high start another one, the ratemaking BPA must take into account when probability of making Treasury process. Following is a list of the other establishing rates. payments on time and in full. important public processes that BPA has In 1996, it appeared that BPA’s rates BPA’s major Subscription goal is used to involve its customers and could exceed market prices and BPA supported by the other three goals of the stakeholders in the important decisions was not sure it could sell all its power Subscription Strategy. The second of how BPA will continue to provide at rates that would recover its costs. By Strategy goal is to avoid rate increases service to the citizens of the Pacific 2002, however, BPA’s rates are through a creative and businesslike Northwest. anticipated to be lower than market response to markets and additional prices through cost cutting and careful aggressive cost reductions. By avoiding B. An Overview of the Public Processes management, as well as an expectation rate increases, BPA believes that it This section describes four major that market prices could increase. Thus, contributes to a stable customer base public review processes that BPA has customers have now indicated an comprised of all customer groups. A undertaken in the last five years. Many interest in purchasing more power than stable customer base leads in turn to a important policy decisions were made BPA can produce from the FCRPS. stable revenue stream which enables in these processes. The ratemaking Despite customers’ changed BPA to cover its share of fish and process is one vehicle to implement perceptions of the value of BPA power, wildlife and conservation costs in this some of the decisions made in these BPA’s business requirements are fairly rate period and in future rate periods. other processes. constant and are dictated by legislation. BPA has committed to pursue a number BPA is required to sell power at a price of financial strategies through rates and 1. Business Plan Public Review Process that recovers all costs. These costs are contracts that will allow it to meet its In 1995, BPA prepared a draft and determined by a number of factors, goal of avoiding rate increases, such as final Business Plan, including a draft including, among other things, the cost following the recommendations of a and final Environmental Impact
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Statement (EIS). In the Business Plan, A draft of the panel’s did not establish any rates or rate BPA announced its response to a recommendations was circulated designs, it suggested general rate design changing market. For the first time, throughout the region, and public approaches to be considered in the BPA’s costs appeared to exceed market comments were received during a formal ratemaking process. prices, so BPA found itself in a more month-long period that included public The Subscription Strategy also competitive environment. It responded meetings and briefings with various provided a framework for the bilateral in 1996 with products and services that interest groups. Based on comments negotiations with each customer that were competitively priced and that received during this public consultation will reflect the specific business included more flexible terms. BPA process, the draft recommendations relationships between BPA and that began to change how it sold power, were modified and presented to the customer. Those contracts will be establishing posted prices for core Administrator, the region’s Governors, negotiated outside this rate case. requirements products, while selling the Northwest Congressional delegation, The Subscription Strategy recognized other unbundled products and energy and the U.S. House and Senate that the FCRPS is a regional resource, services at negotiated prices reflecting Committees on Appropriations in March limited in size, and valued by the the true costs of providing services. The 1998. citizens of the Northwest. The Strategy goal of these early changes was to give Additionally, both the seeks to balance potentially competing customers lower prices, stability, and recommendations and implementation demands on the system, as described in flexible new choices, while giving BPA plans were a subject of ‘‘Issues ’98,’’ a the key marketing goals above. It guides greater certainty about its expected public comment process conducted by the distribution of power among loads and revenues. Unbundling BPA in summer 1998. A key purpose of competing demands, while balancing products allowed customers to pay for Issues ’98 was to decide how the Cost the goals of avoiding PF rate increases, only those products and services that Review recommendations would be meeting fish and wildlife obligations, they needed. Decisions made during the implemented. and funding public purposes. 1995 Business Plan process will not be This rate proceeding will not revisit After going through an extensive public process, BPA stated in its revisited in this rate case. the methodology used to develop the Subscription Strategy that it planned to The rate design in the current Cost Review recommendations, the offer 1,800 average megawatts (aMW) proposal continues the basic goals of the policy merits or wisdom of the specific worth of benefits for the residential and Business Plan, with some added recommendations, or BPA’s small farm consumers of IOUs while features designed to allow BPA the implementation plans. For meeting all public agency net firm load flexibility of passing to customers the informational purposes only, the history of the Cost Review and implementation requirements. The Strategy also stated incremental cost of unanticipated that BPA expected to be able to meet all expenses. of the final recommendations will be summarized in the Revenue loads that DSI customers asked BPA to 2. Cost Review Public Review Process Requirement Study, WP–02–E–BPA–02. serve. This rate case consists of the rates to serve all BPA customers. In September 1997, BPA and the 3. Subscription Strategy Public Review Northwest Power Planning Council Process 4. Fish and Wildlife Obligations Public initiated a process called the Cost Review Process As noted previously, one of BPA’s Review of the Federal Columbia River goals is to encourage the widest possible Another important public review Power System (Cost Review). The diversified use of electric energy while process has occurred since BPA’s last primary objective of the Cost Review recovering costs. To define this broad ratemaking process in 1996. In late was to ensure that BPA’s long-term concept in greater detail for the post- 1995, the Clinton Administration and power and transmission costs would be 2001 period, BPA engaged in a the Northwest Congressional delegation as low as possible, consistent with multiyear process that culminated in agreed to stabilize BPA’s fish and sound business practices, so that BPA BPA’s Subscription Strategy. wildlife funding obligations over a six- could maximize its ability to fully In 1996, a regional effort began with year period, FY 1996 through FY 2001. recover costs through power rates that the Comprehensive Review of the In September 1996, the Secretaries of are at or below market prices. Northwest Energy System. In December Energy, Commerce, Army and Interior The Cost Review process began with 1996, the Final Report of the signed a Memorandum of Agreement the establishment of a panel of five Comprehensive Review recommended (MOA) on behalf of five Federal executives with considerable experience that BPA capture and deliver the low- agencies—BPA, the National Marine managing large organizations during cost benefits of the Federal hydropower Fisheries Service (NMFS), the U.S. periods of downsizing and competitive system to Northwest energy customers Army Corps of Engineers, the U.S. Fish transition. The panel focused on costs to through a Subscription-based power and Wildlife Service (USF&W), and the be recovered through power rates for the sales approach. Bureau of Reclamation. The MOA initial Subscription period, fiscal years A public process to develop a represents a multiagency commitment (FY) 2002 through 2006. Costs Subscription Strategy began in 1997. to stable BPA funding for fish and associated with fish and wildlife This process brought together all the wildlife through FY 2001. recovery efforts were excluded from the regional stakeholders in an ongoing The MOA divides BPA’s financial scope of the Cost Review, while the series of workgroups and meetings. BPA obligations for fish and wildlife into two following costs were recognized as issued a final Subscription Strategy and major categories: (1) The financial subject to significant change in the rate Record of Decision in December 1998. impacts of the system operations called development process: The Subscription Strategy provides a for in the 1995 Biological Opinions on • Short-term power purchases, marketing policy framework for the the operation of the FCRPS issued by • Residential Exchange Program, power rate case. It reflects agency NMFS and the USF&W, as well as • General Transfer Agreements, decisions on equitable distribution of certain other operational measures • Federal interest and depreciation, the electric power generated by the specified in the MOA; and (2) a and FCRPS to BPA’s customers within the commitment of an average of $252 • Inter-business line expenses. framework of existing law. Although it million per year for capital costs,
VerDate 18-JUN-99 19:29 Aug 12, 1999 Jkt 183247 PO 00000 Frm 00004 Fmt 4701 Sfmt 4703 E:\FR\FM\13AUN3.XXX pfrm03 PsN: 13AUN3 Federal Register / Vol. 64, No. 156 / Friday, August 13, 1999 / Notices 44321 operation and maintenance of fish and mechanism, BPA could not proceed These Principles differ significantly wildlife facilities, and implementation with its Subscription process for post- from the MOA. BPA and the other of the Northwest Power Planning FY 2001 power sales or its FY 2002– participants are not establishing a Council’s Fish and Wildlife Program. 2006 power rates process because BPA budget for the FY 2002 through FY 2006 In addition, the Administration could not provide the necessary cost period. In fact, final decisions and committed to provide cost-sharing certainty to its potential post-FY 2001 approvals on a fish and wildlife assistance pursuant to section power sales customers nor assure recovery strategy and funding are not 4(h)(10)(C) of the Northwest Power Act, adequate funding for fish and wildlife expected during this rate proceeding. 16 U.S.C. Section 839b(4)(h)(10)(C), on recovery efforts. Because rates are being set before a permanent basis for BPA’s direct fish The Fish and Wildlife Funding decisions and approvals are made, the and wildlife expenses, and also to Principles (Principles) were developed Principles take into account the broad provide section 4(h)(10)(C) credits for in consultation with constituents, range of potential costs associated with BPA’s power purchase costs related to customers, other Federal agencies, the the hydrosystem configuration its fish and wildlife programs through Northwest Congressional delegation, alternatives under consideration at the FY 2001. The Administration also and Columbia Basin Tribes in an time the Principles were adopted. The established a Fish Cost Contingency extensive public involvement process. Principles are intended to ensure that Fund (FCCF) consisting of U.S. Treasury The parties focused on guidelines for BPA’s rates and power sales contracts payment credits associated with section structuring BPA’s approach to yield a very high probability of meeting 4(h)(10)(C) that BPA has not yet Subscription and FY 2002–2006 power all post-FY 2001 financial obligations, exercised. The FCCF balance of $325 rates to ensure that BPA could meet its including BPA funding obligations for million in U.S. Treasury payment financial obligations, including those for the fish and wildlife recovery strategy credits will be available to BPA in the fish and wildlife, given that is eventually adopted. case of low water years and under hydroconditions, market prices, fish A number of fish and wildlife certain other conditions to defray fish recovery costs, and other uncertainties. initiatives are currently being and other water-related costs. Further, The Principles specify that BPA will developed, analyzed, and reviewed in the Administration acknowledged that, take into account the full range of the region. These include: (1) the 1999 to the extent necessary, BPA would potential fish and wildlife costs, as decision on long-term configuration of reduce its build-up of cash reserves in reflected in 13 long-term alternatives for the FCRPS called for in the 1995 NMFS FY 1996–2001. This action could make configuration of the FCRPS, with each Biological Opinion and the NMFS it more likely that BPA would have to alternative assumed to be equally likely recovery plan for listed salmon and reschedule a portion of its annual U.S. to occur. steelhead; (2) the Columbia Basin Treasury payments in future years. The Principles also state that BPA In June 1997, all eight Senators will set rates to achieve a high Forum ‘‘Four H’’ process, which focuses representing the Northwest sent a letter probability that U.S. Treasury payments on development of a regional fish and to Vice President Gore requesting that will be made in full and on time over wildlife plan through a broad ecosystem the Administration work with the the five-year rate period, and that BPA approach that takes into consideration Northwest Congressional delegation and will adopt rates and contract strategies the hydrosystem, habitat, hatcheries, the four Northwest Governors through that are easy to implement and and harvest; (3) the Multi-Species the Governors’ Transition Review Board administer and that will minimize rate Framework initiated by the Northwest to develop a proposal for extending the impacts on Pacific Northwest power and Power Planning Council and NMFS, in MOA beyond FY 2001 to enable BPA to transmission customers. The contract consultation with the region’s Indian proceed with a Subscription process for strategies may include sales of Tribes, to establish a coherent array of post-FY 2001 power sales. As described Subscription products on staggered scientifically based options for the above, the Subscription concept was contract terms, a Cost Recovery Columbia Basin; and (4) proposed created in 1996, during the year-long Adjustment Clause (CRAC) in power revisions to the Northwest Power Comprehensive Review of the sales contracts, and cost-based indexed Planning Council’s Fish and Wildlife Northwest Energy System. The pricing for some Subscription products. Program. BPA believes that the range of Comprehensive Review was sponsored The Principles also commit the costs associated with the 13 alternatives by the four Northwest Governors and Administration to extend the is sufficiently broad to cover any studied how the region’s electricity availability of section 4(h)(10)(C) U.S. eventual decision made on potential system should be structured in the Treasury payment credits and any activities to be undertaken, or any deregulated wholesale electricity remaining FCCF funds through FY 2006 outcome reached through these other market. under the same terms as those processes. In the absence of a consensus on a established for FY 1996 through FY In December 1998, BPA published its post-FY 2001 fish and wildlife recovery 2001, and to support BPA’s efforts to implementation plan for the Principles. strategy by mid-1998, concerned Federal implement the Cost Review This document is entitled ‘‘How BPA’s agencies and regional stakeholders recommendations. Subscription Strategy Implements the agreed that a strategy and mechanism The Principles have been reviewed by Fish and Wildlife Funding Principles.’’ were needed to establish post-FY 2001 the Office of Management and Budget See Revenue Requirement Study fish and wildlife funding assumptions and are consistent with the Documentation, WP–02–E–BPA–02A, for Subscription and ratemaking Administration’s principles and Volume 1, Chapter 13. purposes. This strategy is directed at priorities. These Principles were C. Scope of the 2002 Rate Case ‘‘keeping the options open’’ for future published on September 16, 1998, in a decisions on long-term configuration of document entitled ‘‘Fish and Wildlife Many of the decisions that guide the FCRPS, including the potential Funding Principles for Bonneville BPA’s marketing policies have been drawdown of reservoirs behind the four Power Administration Rates and made or will be made in other public Lower Snake River projects and John Contracts.’’ Vice President Gore review processes. This section provides Day Dam on the mainstem of the announced the establishment of the guidance to the Hearing Officer as to Columbia. Without such a strategy and Principles on September 21, 1998. those matters that are within the scope
VerDate 18-JUN-99 19:29 Aug 12, 1999 Jkt 183247 PO 00000 Frm 00005 Fmt 4701 Sfmt 4703 E:\FR\FM\13AUN3.XXX pfrm03 PsN: 13AUN3 44322 Federal Register / Vol. 64, No. 156 / Friday, August 13, 1999 / Notices of the rate case, and those that are increase the amount of power provided the policy merits or wisdom of the outside the scope. to regional IOUs from 1,800 aMW to strategy to ‘‘keep the options open’’ or 1,900 aMW for the FY 2002–2006 of the Fish and Wildlife Funding 1. Spending Levels period. While the Subscription Strategy Principles. The Principles were As described above, the Cost Review accurately reflects BPA’s settlement developed through extensive public recommendations and BPA’s planned proposal, any decision by BPA to involvement and comment processes, implementation of those change the amount of power offered to and have been adopted as policy at the recommendations have already received the IOUs will be made outside of this highest levels of the Administration. extensive public review. Pursuant to rate case. Parties to the rate case, The rate proceeding will, however, section 1010.3(f) of BPA’s Procedures, however, may raise and discuss any address implementation of the the Administrator directs the Hearing issues regarding the potential effects of Principles in the Revenue Requirement Officer to exclude from the record any such an increase on BPA’s rates. Study (including repayment studies and material attempted to be submitted or BPA has developed the Conservation risk mitigation), the Risk Analysis arguments attempted to be made in the and Renewables (C&R) Discount over Study, the Loads and Resources Study, hearing which seek to in any way visit the past year based on public comment. and the Wholesale Power Rate the appropriateness or reasonableness of The range of public opinion regarding Development Study (including rate BPA’s decisions on spending levels, as the discount was discussed in the design, cost allocation, and revenue included in BPA’s test period revenue Subscription ROD. Working from the forecast). requirement for FYs 2002 through 2006. ROD, BPA has included the following Fish and wildlife issues that will be If, and to the extent, any re-examination proposal as part of the rate case. The addressed in this rate proceeding of spending levels is necessary, that re- C&R Discount will apply to all include: (1) how the terms of access to examination will occur outside of the customers served under requirements the FCCF are modeled in the rate rate case. Excepted from this direction rates including the Priority Firm Power proposal and their impact on TPP and on account of their variable nature, rate (PF), the Industrial Firm Power rate rates; (2) how section 4(h)(10)(C) credits dependency on BPA’s rate case models, (IP), the New Resource Firm Power rate are modeled in the rate proposal and or timing, are: (1) forecasts of (NR), the Residential Load Firm Power their impact on TPP and rates; (3) the Residential Exchange benefits; (2) rate (RL), and Slice. The total eligibility calculation and treatment of operations forecasts of short-term purchase power for each customer will equal .5 mills per and maintenance and capital investment costs; (3) capital recovery matters such kilowatthour (kWh) based on in repayment studies and the revenue as interest rate forecasts, scheduled Subscription loads. Customers will be requirement; (4) the selection, design, amortization, depreciation, accountable for demonstrating terms and conditions, assumptions, replacements, and interest expense; (4) compliance with their expenditure treatment, and impact of planned net inter-business line expenses; and (5) target at the end of the contract term. revenues for risk, CRAC, indexed power General Transfer Agreements. The discount will be applied sales contracts, stepped rates, and 2. Subscription Strategy automatically on each customer’s targeted adjustment charge; (5) the monthly bill. If a dividend is declared, RiskMod, NORM, and Tool Kit model As noted above, the Subscription based on better than expected revenues, design, operation, inputs and outputs, Strategy has already received extensive the first $15 million will be disbursed and use of results; (6) the level of TPP public review and was accompanied by to customers actively pursuing C&R that is targeted, from the range of a Final ROD in December 1998. BPA’s Discount programs. potential TPP targets established in the Subscription Strategy states that BPA Also based on the Subscription ROD, Principles; and (7) the design, terms and will negotiate new power sales contracts BPA is addressing the following issues conditions, assumptions, and treatment with the DSIs but make the actual level outside the rate case. Recommendations of the Dividend Distribution Clause of service under such contracts for measures that will be eligible for the (DDC), including the threshold for contingent on the availability of power C&R Discount will be submitted to BPA triggering a dividend distribution, the remaining after the close of the by the Regional Technical Forum. BPA conditions under which a dividend is Subscription window. The Subscription will go through a separate public distributed, and the mechanism used to Strategy also notes that BPA was not process to review and adopt these distribute dividends to certain power prepared at the time of issuing the recommendations before the new rates customers. Strategy to make any final decisions go into effect. BPA will conduct a Included among the policy decisions, regarding augmentation in order to serve separate process in the fall of 1999 to commitments, and assumptions that are DSI load. Since then BPA has decided discuss simplified eligibility criteria for not at issue in this rate proceeding are: to propose serving approximately 1,440 small utilities and other administrative (1) The Administration’s decision to aMW of DSI load. BPA does not intend details. extend the existing terms of access to to conduct a separate public process to The Administrator directs the Hearing the FCCF and to roll over the existing take comments on this proposal. Officer to exclude from the record any formula for calculating section Therefore, parties to the rate case may material attempted to be submitted or 4(h)(10)(C) credits from the current rate raise and discuss any issues regarding arguments attempted to be made in the period to FY 2006; (2) the content, BPA’s proposal to serve the DSIs, hearing which seek to in any way revisit merits, or level of costs for the fish and including any issues regarding the decisions that were made in BPA’s wildlife recovery strategies reflected in potential effects of this proposal on Subscription Strategy, including the each of the 13 alternatives; (3) the BPA’s rates. ROD for the Strategy. decision to include the full range of BPA’s Subscription Strategy also costs for all 13 alternatives for the provides that BPA will offer the 3. Fish and Wildlife Funding Principles purposes of BPA’s repayment study, equivalent of 1,800 aMW of Federal The Administrator directs the Hearing revenue requirement, revenue forecast, power to regional IOUs for the FY 2002– Officer to exclude from the record any and risk management studies and 2006 period as a proposed settlement of material attempted to be submitted or strategies; (4) the TPP goal of 88 percent the Residential Exchange Program. BPA arguments attempted to be made in the over the 5-year rate period with a has recently received a suggestion to hearing which seek to in any way revisit ‘‘floor’’ of 80 percent; (5) the policy
VerDate 18-JUN-99 19:29 Aug 12, 1999 Jkt 183247 PO 00000 Frm 00006 Fmt 4701 Sfmt 4703 E:\FR\FM\13AUN3.XXX pfrm03 PsN: 13AUN3 Federal Register / Vol. 64, No. 156 / Friday, August 13, 1999 / Notices 44323 objective that rates and contracts be case. In addition, the scope of the The Administrator directs the Hearing designed to position BPA to achieve wholesale power rate case does not Officer to exclude from the record any similarly high TPP post-FY 2006; (6) the include the merits of the business line material attempted to be submitted or incorporation of the full range of costs separation or BPA’s rates for arguments attempted to be made in the using the same probabilistic method transmission and ancillary services that hearing on any issue regarding the BPA uses for other cost and revenue will be marketed by the Transmission proposed adjustment of the PF–96 rate uncertainties in its ratemaking; (7) the Business Line (TBL). All transmission schedule other than the Targeted assumption that all 13 alternatives are and ancillary service rates and rate Adjustment Charge for Uncommitted equally likely to occur; (8) the design issues will be addressed in the Loads. assumption that BPA’s annual fish and subsequent transmission rate case. A D. The National Environmental Policy wildlife operations and maintenance notice of BPA’s transmission and Act costs have an equal probability of falling ancillary services rate proposals will be anywhere within the range of $100 announced and published in the BPA’s initial rate proposal falls within million and $179 million; (9) the Federal Register at a later date. the scope of the Final Business Plan EIS, adoption of a flexible approach in order In BPA’s 2002 power rate case, BPA completed in June 1995. The analysis in to respond to a variety of different fish will decide the appropriate treatment of the EIS includes an evaluation of the and wildlife cost scenarios, and in costs that mutually affect both of its environmental impacts of rate design particular, the 35 to 45 percent goal of power and transmission business lines, issues for BPA’s power products and total post-FY 2001 sales in contract-term or that assess costs from one business services. Comments on the Business lengths of three years or less, in short- line to the other. The treatment of these Plan EIS were received outside the term surplus sales, and/or in cost-based ‘‘inter-business line’’ issues will formal rate hearing process, but will be indexed sales; and (10) the goals of determine whether the costs are included in the rate case record and adopting rates and contract strategies recovered through power, transmission, considered by the Administrator in that are easy to implement and or ancillary services rates. BPA plans to making a final decision establishing administer. address in this power rate case: BPA’s 2002 rates. 4. Transmission Related Issues functionalization of corporate overhead Part III—Public Participation costs; treatment of generation- In setting rates for the period integration and generation step-up A. Distinguishing Between beginning October 1, 2001, BPA is transformer costs; determination of the ‘‘Participants’’ and ‘‘Parties’’ bifurcating its general rate proceeding generation input costs or unit costs that BPA distinguishes between into separate power and transmission will become the basis for certain ‘‘participants in’’ and ‘‘parties to’’ the rate proceedings. BPA has voluntarily ancillary services rates; and hearings. Apart from the formal hearing committed to marketing its power and determination of the costs of generation process, BPA will receive comments, transmission services in a manner services used by the TBL, including views, opinions, and information from modeled after the regulatory initiatives Remedial Action Schemes and station ‘‘participants,’’ who are defined in the articulated by FERC in Order Nos. 888 service. BPA Procedures as persons who may 2 and 889. In Order No. 888, FERC The other transmission-related issues submit comments without being subject directed public utilities regulated under to be proposed in the power rate case to the duties of, or having the privileges the Federal Power Act to functionally include all GTAs and GTA replacement of, parties. Participants’ written and oral unbundle transmission and ancillary costs for Federal power deliveries and comments will be made part of the services from their wholesale power for non-Federal power deliveries, and official record and considered by the services, and to establish separate rates PBL responsibility, if any, for Delivery Administrator. Participants are not for wholesale generation, transmission, Segment costs. Resolution of the GTA entitled to participate in the prehearing and ancillary services. Establishing issues for Federal and non-Federal conference; may not cross-examine BPA’s power and transmission and power deliveries will allow GTA parties’ witnesses, seek discovery, or ancillary services rates in separate rate customers to make informed power serve or be served with documents; and cases is consistent with FERC’s purchase decisions and will affect the are not subject to the same procedural unbundling paradigm because it will level of the power revenue requirement. requirements as parties. separately resolve power and The Administrator directs the Hearing Written comments by participants transmission issues in the different rate Officer to exclude from the record any will be included in the record if they are cases. material attempted to be submitted or received by November 5, 1999. This The proposal for new and revised arguments attempted to be made in the date follows the anticipated submission wholesale power rates, the methodology hearing which seek to in any way of BPA’s and all other parties’ direct for the treatment and allocation of inter- address those transmission items which cases. Written views, supporting business line costs, and the proposed are not within the scope of this rate case information, questions, and arguments cost allocation for non-Federal as noted above. should be submitted to BPA’s Manager transmission costs for the Federal and of Corporate Communications at the 5. Adjustment to PF–96 Rate: Targeted non-Federal power purchases of GTA address listed in the ADDRESSES Section Adjustment Charge for Uncommitted customers are discussed below. The of this Notice. In addition, BPA will Loads Administrator will decide the inter- hold several field hearings in the Pacific business line and GTA issues as part of This rate case also includes a proposal Northwest region. Participants may the wholesale power rate case and will to establish a charge in the PF–96 rate appear at the field hearings and present not revisit the decision on these issues schedule for customer loads that were oral testimony. The transcripts of these in the subsequent transmission rate uncommitted during the 1996 rate case hearings will be a part of the record but return to BPA as firm requirements upon which the Administrator makes 2 Open Access Same-Time Information System (Formerly Real-Time Information Networks) and load prior to September 30, 2001. There her final rate decisions. Standards of Conduct (Order 889), FERC Stats, & are no other changes to the PF–96 rate Persons wishing to become a party to Regs ¶ 31,035 (1996). schedule proposed in this rate case. BPA’s rate proceeding must notify BPA
VerDate 18-JUN-99 19:29 Aug 12, 1999 Jkt 183247 PO 00000 Frm 00007 Fmt 4701 Sfmt 4703 E:\FR\FM\13AUN3.XXX pfrm03 PsN: 13AUN3 44324 Federal Register / Vol. 64, No. 156 / Friday, August 13, 1999 / Notices in writing. Petitioners may designate no all parties. At the conclusion of the rate noted that power sales under the more than two representatives upon proceeding, BPA will file its rates with settlement might be in the form of ‘‘in whom service of documents will be FERC for confirmation and approval. lieu’’ power sales under section 5(c) of made. Petitions to intervene shall state BPA must continue to meet with the Northwest Power Act or the name and address of the person customers in the ordinary course of requirements sales under section 5(b) of requesting party status and the person’s business during the rate case. To the Act. The PF Exchange Subscription interest in the hearing. comport with the rate case procedural rate applies to ‘‘in lieu’’ sales under the Petitions to intervene as parties in the rule prohibiting ex parte settlement. rate proceeding are due to the Hearing communications, BPA will provide b. RL–02: Residential Load Firm Power Officer by 9 a.m. on August 24, 1999. necessary notice of meetings involving Rate The petitions should be directed to: rate case issues for participation by all Christopher Jones, Hearing Clerk—LP, rate case parties. Parties should be The RL rate applies to sales of power Bonneville Power Administration, 905 aware, however, that such meetings may to regional investor-owned utilities that NE. 11th Ave., P.O. Box 12999, be held on very short notice and they participate in a settlement of the Portland, Oregon 97212. should be prepared to devote the Residential Exchange Program. As noted Petitioners must explain their necessary resources to participate fully above, the Subscription Strategy interests in sufficient detail to permit in every aspect of the rate proceeding. indicated that power sales under the the Hearing Officer to determine Consequently, parties should be settlement might be in the form of ‘‘in whether they have a relevant interest in prepared to attend meetings every day lieu’’ power sales under section 5(c) of the hearing. Pursuant to Rule 1010.1(d) during the course of the rate case. the Northwest Power Act or requirement of BPA’s Procedures, BPA waives the sales under section 5(b) of the Act. The requirement in Rule 1010.4(d) that an Part IV—Major Studies and Summary Residential Load rate applies to opposition to an intervention petition be of Proposal requirements sales under the settlement. filed and served 24 hours before the A. Summary of Proposed 2002 c. NR–02: New Resource Firm Power prehearing conference. Any opposition Wholesale Power Rate Structure to an intervention petition may instead Rate be made at the prehearing conference. 1. List of Proposed 2002 Wholesale The NR rate applies to net Any party, including BPA, may oppose Power Rates requirements power sales to IOUs for a petition for intervention. Persons who BPA is proposing five different rate resale to ultimate consumers for direct have been denied party status in any schedules for its 2002 Wholesale Power consumption, for construction, test, and past BPA rate proceeding shall continue Rates. All of these rate schedules are start-up, and for station service. NR–02 to be denied party status unless they discussed in more detail in Part V of firm power is also available to public establish a significant change of this Notice. utility customers for serving New Large circumstances. All timely applications Single Loads. This rate covers seven will be ruled on by the Hearing Officer. a. PF–02: Priority Firm Power Rate products: Late interventions are strongly The PF rate schedule is comprised of New Large Single Loads disfavored. Opposition to an untimely three rates: the PF Preference rate, the Full Service Product petition to intervene shall be filed and PF Exchange Program rate, and the PF Actual Partial Service Product—Simple received by BPA within two days after Exchange Subscription rate. Actual Partial Service Product— service of the petition. The PF Preference rate applies to Complex B. Developing the Record BPA’s firm power sales to be used Block Product within the Pacific Northwest by public Block Product with Factoring The record will include, among other bodies, cooperatives, and Federal Block Product with Shaping Capacity things, the transcripts of all hearings, agencies. This power is guaranteed to be any written material submitted by the d. IP–02: Industrial Firm Power Rate continuously available. The rate applies parties, documents developed by BPA to the following products: The IP rate applies to firm power sales staff, BPA’s environmental analysis and to BPA’s DSI customers. The IP rate comments accepted on it, and other Full Service Product applies to the firm take-or-pay Block material accepted into the record by the Actual Partial Service Product—Simple Product for DSI customers that purchase Hearing Officer. The Hearing Officer Actual Partial Service Product— under 2002 Industrial Firm Power then will review the record, will Complex Contracts. The IP–02 rate includes supplement it if necessary, and will Block Product Targeted Adjustment Charges. certify the record to the Administrator Block Product with Factoring for decision. Block Product with Shaping Capacity e. NF–02: Nonfirm Energy Rate The Administrator will develop final Slice Product The NF rate applies to energy sold proposed rates based on the entire The PF Exchange Program rate applies under an arrangement that does not record, including the record certified by to sales of power to regional utilities have the guaranteed continuous the Hearing Officer, comments received that participate in the Residential availability of firm power. The rate from participants, other material and Exchange Program established under provides for upward and downward information submitted to or developed section 5(c) of the Northwest Power Act, pricing flexibility from an average cost. by the Administrator, and any other 16 U.S.C. Section 839c(c). Any time that BPA has nonfirm energy comments received during the rate The PF Exchange Subscription rate for sale, any combination of the development process. The basis for the applies to sales of power to regional following rates may apply: final proposed rates first will be IOUs that participate in a settlement of Standard Rate expressed in the Administrator’s Draft the Residential Exchange Program. This Market Expansion Rate ROD. Parties will have an opportunity proposed settlement was established in Incremental Rate to respond to the Draft ROD as provided BPA’s Subscription Strategy and Contract Rate in BPA’s Procedures. The Administrator includes a power sale component and a Western Systems Power Pool will serve copies of the Final ROD on financial component. The Strategy Transactions
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End-user Rate purchases are for a year or longer, and 3. Changes in Rate Design are needed on an annual basis to 2. Rate Development Issues BPA redesigned its rates in BPA’s produce an annual load/resource 1996 rate case to send price signals that a. Inter-Business Line Calculations balance. reflected the market estimated at that BPA is addressing certain inter- BPA’s initial proposal contains a time. BPA is generally continuing the business line issues that must be provision that requires purchasers of the same rate design for its 2002 rates, with resolved in order to determine BPA’s Slice product to pay their share of the some changes described below to power revenue requirement and to net costs of system augmentation account for current market and hydro forecast associated revenues. In its purchases. The net costs are the actual conditions. power rate case, BPA is proposing: a costs of the system augmentation The major change that BPA has made methodology for functionalizing purchases minus the revenue BPA in designing its rates is to add a corporate overhead costs; unit costs for derives from selling the equivalent ‘‘Subscription Settlement’’ step, which generation inputs for operating reserves amount of power at posted rates. The serves as the basis for calculating the RL and regulation ancillary services; the initial proposal also frees Slice and PF Exchange Subscription rates and generation input cost for the reactive purchasers from paying for shorter-term for developing targeted adjustment ancillary service; and the costs of station balancing purchases. These elements of charges for the IP and PF rates. More service and remedial action schemes the Slice product were designed at a detail on this change is described later needed by the TBL. In addition, BPA is time when the amount of purchases in this Notice under Rates Analysis proposing an allocation of generation necessary to augment the system was Model. integration and generation step-up anticipated to be relatively small. a. Load Variance Charge transformer costs to the business lines. The anticipated amount of power BPA does not propose to recover any necessary to augment the system has In this rate case BPA is eliminating Delivery Segment costs through increased significantly since Slice was the Load Shaping Charge and replacing wholesale power rates. BPA’s proposal initially proposed. Because of the it with a Load Variance Charge. The for treatment of Delivery Segment costs increased augmentation purchases, the Load Variance Charge covers BPA’s cost will be resolved in the separate risks associated with having Slice of standing ready to meet customers’ transmission rate case. purchasers only obligated to share the load growth for reasons other than annexation or retail access load gain or b. Rate Mitigation Costs net costs of system augmentation may no longer be consistent with the loss. In addition, it provides Full and The average proposed PF Preference underlying principle of the Slice Partial Service purchasers the right to rate is about the same as in 1996. product that there would be ‘‘no cost deviate from their monthly forecasted However, due to rate design changes, shifts.’’ BPA intends to examine this BPA purchases due to weather, some utilities will experience a rate issue in the rate case to ensure that economic business cycles, or plant increase and some will experience a rate having Slice purchasers share only the energy consumption. The charge is set decrease based on their individual net costs of system augmentation does at 0.80 mill per kWh and is charged usage. not create a cost shift. against the customer’s Total Retail Load. BPA has proposed to mitigate rate Further details on these charges are impacts in a number of ways. These d. Exchange Settlement Methodology found in the General Rate Schedule include modifying the monthly demand The Subscription Strategy proposes a Provisions (GRSPs) (Part V of this charge, capping the Load Variance settlement of the Residential Exchange Notice). Charge, and continuing the Low Density Discount. These items are described Program with regional IOUs that b. Stepped Up Multi-Year (SUMY) below. In addition, BPA proposes to includes both power and monetary Block Charge benefits. The total package is valued at have $4 million available each year to An additional adjustment is proposed 1800 aMW at the RL–02 or PF Exchange mitigate remaining impacts on certain by BPA to recover the added cost of Subscription rate. BPA will supply at customers. serving a block purchase that increases least 1000 aMW at the RL–02 or PF over time. This is to compensate BPA c. System Augmentation Costs Subscription rate. In addition, the for the incremental cost of serving an remaining 800 aMW will be provided Under the Subscription Strategy, BPA additional amount of load above first either in the form of monetary benefits expects to be obligated to serve more year loads. firm load than is forecasted to be or as physical power at BPA’s produced by the Federal Base System discretion. For purposes of the rate case c. Monthly Demand and Energy Charges (FBS) under critical water conditions. this 800 aMW of benefits will be BPA is proposing to set monthly Additional firm power will be needed to calculated as the difference between a energy and demand charges for the FY augment the FBS. For ratemaking market forecasted price for power and 2002–2006 rate period. BPA’s Marginal purposes, this firm power will be the RL–02 or PF Exchange Subscription Cost Analysis shows substantial defined as FBS replacements. The costs rate. monthly differentiation in predicted associated with this FBS replacement BPA does not know if the IOUs will energy rates for this period. In setting power will be allocated to power rate accept the proposed settlement. (The monthly charges for energy and pools as specified by the rate directives IOUs have the choice of accepting this demand, BPA is moving away from the in the Northwest Power Act. RL settlement or participating in the six seasonal period energy charges and Power purchases for system Residential Exchange Program.) the annual demand charge used in augmentation are distinguished from Therefore, rates that will apply to the BPA’s 1996 rate case. balancing power purchases by their settlement, the RL–02 and PF Exchange longer duration. Balancing power Subscription rates, as well as a rate that d. Demand Adjuster purchases are shorter-term purchases will apply to the traditional Residential In addition to the change in the needed to serve daily and monthly load Exchange Program, the PF Exchange development of the demand charge, obligations within the annual load/ Program rate, must be established in the BPA is making a change in the resource balance. System augmentation rate case. measurement of a customer’s peak
VerDate 18-JUN-99 19:29 Aug 12, 1999 Jkt 183247 PO 00000 Frm 00009 Fmt 4701 Sfmt 4703 E:\FR\FM\13AUN3.XXX pfrm03 PsN: 13AUN3 44326 Federal Register / Vol. 64, No. 156 / Friday, August 13, 1999 / Notices demand. BPA will continue measuring and 2005. These levels of AANR are separate public consultation process Full Service customers’ peak demand equivalent to reserve levels of $300 before the beginning of the rate period coincidental to BPA’s generation peak. million for FYs 2001 and 2002, and to establish criteria for apportioning the However, Partial Service customers’ $500 million for FYs 2003, 2004, and amount of annual dividends among BPA demand entitlement is measured on 2005. In the event that AANR falls stakeholders. their system peak, and adjusted through below the threshold level for any of the f. Excess Factoring Charges a Demand Adjuster to compensate for years from FYs 2001–2005, rates will be the different demand billing basis increased for a 12-month period Part of the rate design in this rate case compared to the demand billing basis of beginning with power deliveries in the includes the establishment of a a Full Service customer. following April. (In FY 2006, rates will Factoring Product and an Excess only be increased for six months, Factoring Charge. Factoring for purposes e. Stepped Rates through the end of FY 2006.) The CRAC of the Core Subscription Products is A major change in BPA’s proposal is is intended to generate additional specifically defined as the BPA service the posting of Stepped Rates. The Rates revenue of up to $125 million, $135 of shaping a given quantity of megawatt- Analysis Model (RAM) calculates an million, $150 million, $150 million, and hours among hours during certain average five-year rate, however, rates $87.5 million if the threshold levels are periods to follow load. Factoring that customers pay will be differentiated crossed for FYs 2001, 2002, 2003, 2004, charges will be applied to Excess Load between the first three years and the last or 2005, respectively. The CRAC is Factoring that exceeds the benchmark two years of the rate period. The rates projected to have an average of about a limits. The Factoring Charge is limited for the FY 2002 to 2004 period will be 12 percent chance of triggering. to customers that have dispatchable 0.6 mills per kWh below the average resources and that have purchased the c. Cost-Based Indexed IP Rate five-year rate. The rates for the FY 2005 Actual Partial Product or the Block to 2006 period will be 0.9 mills per kWh BPA is proposing a variable rate for Product with the Factoring Product. above the average five-year rate. The the direct service aluminum companies g. Green Energy Premium effective differential is 1.5 mills per in this rate filing. It will be a rate that kWh. is adjusted higher or lower to reflect the The Green Energy Premium (GEP) aluminum price forecast. The rate is will be available to customers 4. New Adjustments to Rates designed to go no lower than 19 mills purchasing firm power. The GEP will be BPA is proposing a number of new per kWh, with an upper ceiling of 28.5 charged when a customer chooses to adjustments and continuing some mills per kWh. The variable rate will be designate any portion (up to 100 existing adjustments. These adjustments designed to yield an average rate of 23.5 percent) of its Subscription purchase as are listed alphabetically and are mills for those DSI customers that will Environmentally Preferred Power. discussed in greater detail in Part V of be offered an Industrial Power Targeted The GEP will range from zero to $40/ this Notice. Adjustment Charge (IP TAC) rate of 23.5 megawatthour depending on the a. Conservation and Renewables (C&R) mills, and 25 mills for those DSI specific products and associated costs Discount customers that will be offered an IP TAC selected by each customer. rate of 25 mills. BPA has included a C&R Discount in h. Industrial Power Targeted this rate case. In setting power rates, d. Cost-Based Indexed PF Rate Adjustment Charge (IP TAC) BPA has included the cost of this This rate is designed to provide a BPA is proposing to apply a TAC to discount by applying 0.5 mills per kWh market based alternative rate to all firm all IP sales to cover the incremental to loads served by posted rates and the load requirements customers that wish costs that it incurs from purchasing Slice product. Within the PBL billing to diversify their power portfolios. power to serve loads beyond the amount process, customers will receive a C&R Customers can choose to convert their of firm inventory in the augmented FBS. Discount to encourage investment in applicable PF rate to a market indexed It will apply to sales at both 23.5 mills qualifying new conservation and or floating price adjusted for BPA’s risk. and 25 mills. The IP TAC will prevent renewables. BPA and its customers will The customer and BPA will choose a the transfer of these incremental costs to reconcile the actual conservation and mutually agreeable reference point for other customers. It is designed to renewable investments and C&R the index, and the index price will be recover costs to keep BPA whole, and is Discount eligibility. BPA is assumed to based on a current market forecast of the not designed to discourage purchases remain revenue neutral in this program. index selected. from BPA. While IP–02 rate customers are eligible for the C&R Discount, the discount e. Dividend Distribution Clause (DDC) i. Low Density Discount (LDD) cannot be used to lower the IP rate Because of a wide range of financial BPA is continuing to offer the LDD to below the DSI Floor Rate. uncertainties, there is the potential that utilities with low system densities, such net revenues will accumulate in excess as rural electric cooperatives with high b. Cost Recovery Adjustment Clause of what will be needed to ensure distribution costs resulting from (CRAC) recovery of costs over time. BPA is sparsely populated service areas. The BPA is including a CRAC in its rate proposing to distribute ‘‘dividends’’ if LDD principles, eligibility criteria, and proposal as one of the risk mitigation an accumulated net revenue threshold is discount calculation table appear in the tools intended to address the wide range exceeded and if a five-year net revenue GRSPs. of financial uncertainty BPA is facing in forecast and risk analysis show that an the FYs 2002–2006 rate period. The 88 percent Treasury Payment j. PF Targeted Adjustment Charge (PF CRAC would cause posted power rates Probability would still be met. TAC) to be adjusted upward for one year if The DDC proposes criteria and The purpose of the PF TAC is to allow actual accumulated net revenues process requirements that the BPA the flexibility of passing to (AANR) fall below a threshold level: Administrator will follow in customers the incremental cost of -$350 million for FYs 2001 and 2002 determining the total amount of annual unanticipated or additional loads that and $200 million for FYs 2003, 2004, dividends. BPA intends to conduct a are not embedded in the posted rates for
VerDate 18-JUN-99 19:29 Aug 12, 1999 Jkt 183247 PO 00000 Frm 00010 Fmt 4701 Sfmt 4703 E:\FR\FM\13AUN3.XXX pfrm03 PsN: 13AUN3 Federal Register / Vol. 64, No. 156 / Friday, August 13, 1999 / Notices 44327 the FYs 2002–2006 rate period. The The PBL is proposing a new approach be less than the rates in effect for the Subscription Strategy indicated that to procuring Supplemental Reserves in contract year ending June 30, 1985.’’ 16 BPA would have inventory available this rate case. The PBL will purchase U.S.C. 839e(c)(2). Accordingly, a floor during the Subscription window for the most cost-effective Supplemental rate test is performed to determine if the customers. After the window closes, all Reserves or provide those reserves itself. IP rate has been set at a level below the ‘‘late signers’’ or public utilities with No Supplemental Reserves are explicitly floor rate. If so, an adjustment is made new or annexed load, including retail forecasted to be provided by the DSIs in that raises the DSI rate to recover access load gain or returning load, will this rate case. Any payment to the DSIs revenues at the floor rate and credits be subject to a PF TAC. The PF TAC for Supplemental Contingency Reserves other customers with the increased also applies to requests for requirements will be negotiated within a specified revenue from the DSIs. If the DSI rate service for customer loads previously range on an individual customer basis has been set at a level above the floor served by a customer’s own resources. If rather than a credit applied to some or rate, no floor rate adjustment is inventory is available to serve the all of BPA’s DSI load. The range is necessary. request, the PF TAC is the PF rate. If stated in the IP rate schedule (see Part The first step in calculating the floor BPA must buy power to serve the load, V of this Notice). rate is to apply the IP–83 Standard rate an adjustment charge reflecting the 5. Development of IP Rate/7(c)(2) charges to test period (FY 2002—2006) differences between PF–02 and BPA’s Adjustment DSI billing determinants. The resulting cost to buy power is added to the PF revenue figure is then divided by total rate. The IP–02 rate applies to firm power IP test period loads to arrive at an sales to BPA’s DSI customers, including BPA will provide limited exemptions average rate in mills per kWh. This rate the firm take-or-pay Block Product for from the PF TAC for those customers is reduced by an Exchange Cost DSIs that purchase power under 2002 requesting requirements load previously Adjustment and a deferral that were Industrial Firm Power contracts. Rates served by renewable resources. In included in the IP–83 rate. Both for the DSIs are set according to the rate developing the posted rates, BPA is not adjustments are made on a mills per directives contained in section 7(c) of kWh basis. forecasting that it will receive revenues the Northwest Power Act, 16 U.S.C. under the PF TAC. BPA is conducting separate rate cases 839e(c). Section 7(c)(1)(B) provides that for power and transmission. Therefore, k. Slice True-Up Adjustment after July 1, 1985, the DSI rates will be BPA has removed all transmission costs set ‘‘at a level which the Administrator from the IP–83 rate to make a power- Under the Subscription Strategy, BPA determines to be equitable in relation to only floor rate comparison. These decided to offer a Slice product. Each the retail rates charged by the public calculations result in a DSI floor rate of year, BPA will calculate the difference body and cooperative customers to their 20.98 mills per kWh. Because the between the Slice Revenue industrial consumers in the region.’’ 16 proposed IP rate revenues are below the Requirement’s audited actual expenses U.S.C. 839e(c)(1)(B). Pursuant to section floor rate revenues, an adjustment was and credits and the expenses and credits 7(c)(2), the DSI rates are to be based on necessary. Therefore, the IP rate that are forecast in this rate case. The BPA’s ‘‘applicable wholesale rates’’ to becomes the floor rate. true-up will be a charge to the Slice its preference customers and the customer’s bill. ‘‘typical margins’’ included by those 6. Changes in Methodology l. Unauthorized Increase Charges for customers in their retail industrial rates. a. AURORA Model Power Sales 16 U.S.C. 839e(c)(2). Section 7(c)(3) provides that the DSI rates are also to be AURORA is a model used to estimate This rate proposal includes separate adjusted to account for the value of the variable cost of the marginal penalty charges for Unauthorized power system reserves provided through resource in a competitively priced Increases in Energy and Unauthorized contractual rights that allow BPA to energy market. In competitive market Increases in Demand. These charges will restrict portions of the DSI load. 16 pricing, the marginal cost of production be applied to deliveries that exceed U.S.C. 839e(c)(3). This adjustment is is equivalent to the market clearing contractual entitlements for energy and typically made through a value of price, which is the basis for determining demand, respectively. Further details on reserves (VOR) credit. As described BPA’s bulk power revenues in the rate these charges are found in the GRSPs above, for this rate case BPA is not case. (Part V of this Notice). proposing a uniform VOR credit to be AURORA models wholesale energy m. Value of Reserves applied against DSI rates. Thus, the DSI transactions within a competitive rates shall be set equal to the applicable market pricing system. AURORA uses a Section 7(c)(3) of the Northwest wholesale rate, plus a typical margin, demand forecast and supply cost Power Act, 16 U.S.C. 839e(c)(3), subject to the floor rate test. As a final information to estimate marginal cost. provides that the Administrator shall step in rate design, BPA develops To determine the marginal cost in a adjust rates to the direct service monthly and diurnally differentiated given hour, AURORA models the industrial customers ‘‘to take into energy charges and monthly dispatch of electric generating resources account the value of power system differentiated demand charges based on in least cost order to meet the load reserves made available to the allocated costs and scaled based on the (demand) forecast. The price in the Administrator through his rights to results of BPA’s Marginal Cost Analysis. given hour is equal to the variable cost interrupt or curtail service to such direct The typical Industrial Margin is 0.46 of the marginal resource. Over time, service industrial customers.’’ The DSIs mills per kWh. As stated above, a zero AURORA adds new resources and may provide two types of reserves: VOR credit is being forecast in this rate retires old resources based on the net Supplemental Contingency Reserves case. Thus, the net margin of 0.46 mills present value of the resource. and Stability Reserves. The Initial Rate per kWh is added to the seasonal and b. Risk Mitigation proposal assumes that Stability Reserves diurnal PF energy charges. will be purchased by the TBL and Section 7(c)(2) of the Northwest This rate proposal implements the addressed in TBL’s transmission rate Power Act requires that the DSI rates in TPP standard that all payments to case. the post-1985 period ‘‘shall in no event Treasury of the power function be
VerDate 18-JUN-99 19:29 Aug 12, 1999 Jkt 183247 PO 00000 Frm 00011 Fmt 4701 Sfmt 4703 E:\FR\FM\13AUN3.XXX pfrm03 PsN: 13AUN3 44328 Federal Register / Vol. 64, No. 156 / Friday, August 13, 1999 / Notices recovered through power rates on time These incremental loads will be charged Risk Analysis Study and Documentation and in full over the 5-year rate period the PF Preference (PF–96) rate, plus the (Study and documentation are with 88 percent probability. Payments TACUL, which is an adjustment charge combined, approximately 130 pages) to Treasury are the lowest priority in reflecting the difference between the Marginal Cost Analysis Study and BPA’s priority of payments. For this PF–96 rate and BPA’s cost to supply this Documentation (Study about 50 reason, TPP measures the ability to power. BPA will calculate the cost for pages, documentation about 400 recover costs in a timely fashion. the TACUL at the time a customer pages) BPA has identified and analyzed its requests power or requests BPA to price Wholesale Power Rate Development power risks and is proposing to power already purchased under this Study and Documentation (Study implement several risk mitigation tools schedule. The TACUL will be finalized about 175 pages, documentation about that, taken together, achieve an 88 prior to signing of the final contract or 700 pages) percent TPP: access to the Fish Cost before initial delivery. The TACUL will Section 7(b)(2) Rate Test Study and Contingency fund; starting FY 2002 expire with the PF–96 rate schedule. Documentation (Study about 50 financial reserves; a CRAC that adjusts pages, documentation about 350 posted rates upward as frequently as 8. Payment of Non-Federal pages) each year of the five-year rate period if Transmission Costs for GTA Customers’ 1. Loads and Resources Study actual accumulated net revenues Federal and Non-Federal Power attributable to the generation function Purchases The Loads and Resources Study fall below an accumulated net revenue BPA’s PBL and TBL are proposing to represents the compilation of the load threshold; and Planned Net Revenues pay the non-Federal transmission cost and resource data necessary for for Risk, a component of the revenue for customers’ Federal and non-Federal developing BPA’s wholesale power requirement that is added to planned power purchases, respectively. PBL’s rates. The Study has three major expenses. and TBL’s proposals are separate and interrelated components: (a) BPA’s distinct from one another. Federal system load forecast; (b) BPA’s c. Rates Analysis Model (RAM) PBL proposes to continue existing Federal system resource forecast; and (c) The RAM has been modified to have GTA service to current loads for the Federal system load and resource two steps. The first is the Rate Design delivery of Federal power through the balances. Step, which uses the Northwest Power FY 2001–2006 rate period. Continuation The Federal system load forecast is Act’s rate directives to calculate posted of GTA service for Federal power composed of customer group sales rates, including the NR–02 rate and the deliveries is consistent with BPA’s forecasts for public utilities and Federal PF Exchange Program rate. In this first historical practice and helps promote agencies, DSIs, IOUs, and other BPA step, BPA calculates rates by: (1) the widespread use of Federal power. contractual obligations. allocating costs to rate pools as noted in The GTA costs associated with delivery The Federal system resource forecast the Cost of Service Analysis (COSA); (2) of Federal power will be borne by PBL includes power generated by both adjusting these results to reflect revenue and are estimated to be around $42 Federal and non-Federal hydroprojects, credits and statutory rate directives; and million per year through the rate period. return energy associated with BPA’s (3) using the marginal cost of power TBL proposes to pay up to $6.5 existing capacity-for-energy exchanges, values to shape the annual costs into million annually for non-Federal contracted resources, and other BPA energy rates across months and time-of- transmission to allow preference and hydrorelated contracts. The Federal day. In the second step, the DSI customers who have historically system hydroresource estimates are Subscription Step, BPA adjusts the rates been served by GTAs to avoid derived from a hydroregulation study calculated from the first step to reflect ‘‘pancaked’’ transmission rates when that estimates generation under 50 water the Subscription Strategy and to serving their loads with non-Federal conditions using the operating produce Subscription power rates. power. BPA proposes that the forecasted provisions of the Pacific Northwest non-Federal transmission cost (up to the Coordination Agreement. The seasonal 7. Adjustment to PF–96: Targeted cap of $6.5 million) for GTA customers’ shape and magnitude of the Federal Adjustment Charge for Uncommitted non-Federal power purchases will be system hydro generation depends on Loads included in cost of the Network availability of all regional resources and The Targeted Adjustment Charge for segment, or its successor, when it coordination of those resources to meet Uncommitted Loads (TACUL) applies to develops its transmission rate proposal. regional loads. purchases from BPA to serve customer This rate treatment is included in the The projections of Federal system loads that were uncommitted during the power rate case to resolve all issues that resources are compared with projected 1996 rate case due primarily to the affect GTA customers and to enable Federal system firm loads for each diversification of customer loads. GTA customers to make informed power month of Operating Years 2002–2007 Uncommitted loads returning to BPA purchase decisions. (August 2001–July 2007) under 1937 firm power requirements service from water conditions. The resulting load and B. Studies in Support of Initial Proposal January 2001, through to the beginning resource balances yield the firm energy of the 2002 rate period, will be subject The studies that have been prepared surplus or deficit of the Federal system to TACUL. The TACUL will prevent the to support BPA’s 2002 Initial Wholesale resources. Similarly, firm capacity erosion of reserves that could occur Power Rate proposal are described in surpluses and deficits are determined from additional costs of power detail in this section. for the same period. purchases that may be required to meet Loads and Resources Study and customer returned load. Documentation (Study about 100 2. Revenue Requirement Study BPA is currently facing an energy pages, documentation about 500 The purpose of the Revenue deficit during the time period January pages) Requirement Study is to establish the 2001 to September 2001, and could face Revenue Requirement Study and level of revenues from wholesale power even greater deficits should BPA receive Documentation (Study about 250 rates necessary to recover, in accordance additional requests by customers to pages, documentation about 700 with sound business principles, the serve returning uncommitted load. pages) FCRPS costs associated with the
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The Section 7(b)(2) of the Northwest recovery, and conservation; Federal models do not attempt to capture and Power Act directs BPA to assure that the agencies’ operations and maintenance measure the effects of extraordinary wholesale power rates effective after expenses allocated to power; capitalized and/or unquantifiable risks such as July 1, 1985, to be charged its public contract expenses associated with such State or Federal electricity deregulation body, cooperative, and Federal agency non-Federal power suppliers as Energy legislation. customers (the 7(b)(2) Customers) for Northwest (formerly known as the The Risk Analysis Study, with input their general requirements for the rate Supply System); other purchase power from the Marginal Cost Analysis (MCA), test period, plus the ensuing four years, expenses, such as short-term power is also used for estimating purchase are no higher than the costs of power to purchases; power marketing expenses; power expense and secondary revenues. those customers would be for the same cost of transmission services necessary time period if specified assumptions are for the sale and delivery of FCRPS 4. Marginal Cost Analysis (MCA) made. The effect of the rate test is to power; and all other power-related costs The MCA estimates the hourly protect the 7(b)(2) Customers’ wholesale incurred by the Administrator pursuant variable cost of the marginal resource firm power rates from certain costs to law. for transactions in wholesale energy resulting from provisions of the Cost estimates reflect implementation market. The specific market used in this Northwest Power Act. The rate test can of Cost Review recommendations, the analysis is at the Mid-Columbia trading result in a reallocation of costs from the Principles, and certain components of hub in the State of Washington. 7(b)(2) Customers to other rate classes. the Subscription Strategy. No change in The MCA is used for two purposes in The Section 7(b)(2) Rate Test Study repayment policy or practice is the BPA rate case. First, the MCA is the describes the application and results of proposed. The repayment study reflects basis for approximating the prices BPA the Section 7(b)(2) Implementation actual implementation of the may experience in the bulk power Methodology. Appropriations Refinancing Act and a market. The MCA estimates are The Section 7(b)(2) rate test triggers in number of updates to actual and therefore used to inform, but not to this proposal, causing costs to be projected new repayment obligations. directly set, the price used in BPA’s reallocated in the test period. The PF All new capital investments are bulk revenue forecast. Second, the MCA Preference rate applied to the general assumed to be financed with debt or represents BPA’s marginal cost in requirements of the 7(b)(2) Customers appropriations. The study includes a acquiring new energy, or the has been reduced by the 7(b)(2) amount substantial level of planned net opportunity cost BPA may see in selling while other rates, including the PF revenues to mitigate financial risk. This wholesale energy. The MCA is therefore Exchange Program rate applied to risk mitigation tool, in combination used in rate design to send market based customers purchasing under the with other risk mitigation tools such as Residential Exchange Program, have starting financial reserves, CRAC, and price signals. The MCA uses a production cost been increased by an allocation of the access to the FCCF, is designed to 7(b)(2) amount. achieve the 88 percent TPP standard. model, AURORA, to estimate a market The adequacy of projected revenues to clearing price for wholesale energy. The Part V—2002 Wholesale Power Rate recover test period revenue fundamental theory behind this model Schedules is based on a competitive wholesale requirements and to meet repayment A. Introduction period recovery of the Federal energy pricing structure. The model investments is tested and demonstrated dispatches resources in a least cost BPA’s 2002 Wholesale Power Rate for the generation function. order to meet a specified demand. Schedules cover five different rates: Short-term prices are set at the variable PF–02: Priority Firm Power Rate 3. Risk Analysis Study cost of the marginal generator. Long- RL–02: Residential Load Firm Power The Risk Analysis Study evaluates term capital investment decisions are Rate both operational and non-operational based on economic profitability in an NR–02: New Resource Firm Power Rate risks. The portion addressing unregulated environment. IP–02: Industrial Firm Power Rate operational risks evaluates impacts of NF–02: Nonfirm Energy Rate 5. Wholesale Power Rate Development economic and generation resource The following section (Part B below) Study capability variations on BPA’s ability to contains BPA’s proposed 2002 meet its annual U.S. Treasury payment The Wholesale Power Rate wholesale power rate schedules, BPA’s during the rate test period. The portion Development Study (WPRDS) is the proposed 2002 GRSPs for power rates, addressing non-operational risks primary source for details of the rates, and the new 1996 GRSP for the Targeted evaluates the impacts of uncertainties in reflecting the results of all the other Adjustment Charge for uncommitted cost projections in the revenue studies. It documents the Rates Analysis loads. requirement. The results are used to Model and designs rates for BPA’s The proposed wholesale power rate support the amount of planned net wholesale power products and services. schedules were prepared in accordance revenues for risk that are included in The WPRDS documents the with BPA’s statutory authority to the revenue requirement. The risk development of Slice costs; the develop rates, including the Bonneville variations are tested through the use of development and forecast of inter- Project Act of 1937, as amended, 16 several risk simulation models business line revenues and costs; the U.S.C. 832 (1982); the Flood Control Act including RiskMod, which quantifies development of charges for demand, of 1944, 16 U.S.C. 825s (1982); the net revenue risk; RevSim, a revenue and load variance, unauthorized increase Federal Columbia River Transmission expense estimation model; RiskSim, a charges, and excess factoring charges, System Act (Transmission System Act), data management model; and the Non- and the development of the three and 16 U.S.C. 838 (1982); and the Northwest Operating Risk Model (NORM), which two year rates. The end results of the Power Act, 16 U.S.C. 839 (1982).
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BPA’s 2002 proposed wholesale GRSPs). Products available under this 2. Monthly Energy Rates for FY 2005 power rate schedules and the GRSPs rate schedule are defined in the 2002 Through FY 2006 associated with those rate schedules GRSPs. For sales under this rate 2.1 Applicability will supersede BPA’s 1996 rate schedule, bills shall be rendered and schedules, except for the FPS–96 rate payments due pursuant to BPA’s 2002 These rates apply to purchases during schedule. The FPS–96 rate schedule GRSPs and billing process. the last two years of the rate period for continues in effect as modified in Section II. Rates Tables customers purchasing for all five years Docket No. FPS–96R. BPA proposes that of the rate period. its wholesale power rate schedules, The rates in this section apply to PF 2.2 Rate Table including the GRSPs associated with products. The PF Exchange Program these rate schedules, become effective rates and the PF Exchange Subscription upon interim approval or upon final HLH LLH rates are shown in Section III. rate Rate confirmation and approval by FERC. Applicable months (mills/ (mills/ BPA currently anticipates that it will A. Demand Rate kWh) kWh) request FERC approval of its revised 1. Monthly Demand Rate for FY 2002 rates effective October 1, 2001. January ...... 20.56 14.95 Through FY 2006 February ...... 19.45 14.34 B. Summary of 2002 Wholesale Power 1.1 Applicability March ...... 18.68 13.59 Rate Schedules, 2002 GRSPs, and New April ...... 13.14 10.05 1996 GRSPs These rates apply to customers May ...... 12.71 8.52 Schedule PF–02 purchasing Firm Power for three or five June ...... 16.01 10.11 years. These rates are also used to July ...... 20.35 17.10 Section I. Availability implement the Pre-Subscription August ...... 30.74 20.73 This schedule is available for the Contracts. September ...... 21.59 20.90 October ...... 18.18 14.85 contract purchase of Firm Power or 1.2 Rate Table November ...... 22.06 19.27 capacity to be used within the Pacific December ...... 22.90 19.17 Northwest. Priority Firm Power may be Rate purchased by public bodies, Applicable months (kW-mo) 3. Monthly Energy Rates for FY 2002 cooperatives, and Federal agencies for Through FY 2006 resale to ultimate consumers; for direct January ...... $2.14 consumption; and for Construction, Test February ...... 2.06 3.1 Applicability and Start-Up, and Station Service. Rates March ...... 1.96 in this schedule are in effect beginning April ...... 1.37 These rates are used to implement the October 1, 2001, and are available for May ...... 1.32 Pre-Subscription Contracts. These rates purchase under requirements Firm June ...... 1.69 are also available to customers Power sales contracts for a three or five- July ...... 2.12 purchasing for all five years of the rate year period. The Slice Product is only August ...... 2.44 period under this rate table. available for public bodies and September ...... 2.28 October ...... 1.90 3.2 Rate Table cooperatives. Utilities participating in November ...... 2.31 the Residential Exchange Program under December ...... 2.40 HLH LLH section 5(c) of the Northwest Power Act Applicable months rate Rate may purchase Priority Firm Power (mills/ (mills/ pursuant to the Residential Exchange B. Energy Rate kWh) kWh) Program. Utilities participating in 1. Monthly Energy Rates for FY 2002 January ...... 19.66 14.05 settlement of the Residential Exchange Through FY 2004 February ...... 18.55 13.44 Program may purchase Priority Firm 1.1 Applicability March ...... 17.78 12.69 Power pursuant to their Subscription April ...... 12.24 9.15 settlement agreement. Rates under These rates apply to customers May ...... 11.81 7.62 contracts that contain charges that purchasing power in the first three years June ...... 15.11 9.21 escalate based on BPA’s Priority Firm of the rate period. July ...... 19.45 16.20 Power rates shall be based on the five- August ...... 29.84 19.83 year rates listed in this rate schedule in 1.2 Rate Table September ...... 20.69 20.00 addition to applicable transmission October ...... 17.28 13.95 charges. HLH LLH November ...... 21.16 18.37 rate Rate December ...... 22.00 18.27 Sales under the PF Exchange Applicable months (mills/ (mills/ Subscription rate will be delivered in kWh) kWh) equal hourly amounts over the rate C. Load Variance Rate period. The consumer bills of January ...... 19.06 13.45 participating IOUs should designate February ...... 17.95 12.84 The Load Variance rate for FY 2002 ‘‘Benefits of the Federal Columbia River March ...... 17.18 12.09 through FY 2006 applies to all Power System (FCRPS)’’ to describe the April ...... 11.64 8.55 customers purchasing power under this amount of benefits each consumer May ...... 11.21 7.02 rate schedule unless specifically receives. Only the block product is June ...... 14.51 8.61 excluded in Section IV below. The rate available under this rate schedule. July ...... 18.85 15.60 for Load Variance is 0.8 mills/kWh. This rate schedule supersedes the PF– August ...... 29.24 19.23 September ...... 20.09 19.40 D. Slice Rate 96 rate schedule, which went into effect October ...... 16.68 13.35 The monthly rate for the Slice Product October 1, 1996. Sales under the PF–02 November ...... 20.56 17.77 rate schedule are subject to BPA’s 2002 December ...... 21.40 17.67 is $1,381,390 per 1 percent of the Slice General Rate Schedule Provisions (2002 System.
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Section III. PF Exchange Rate Tables Subscription settlements of the (1) The Purchaser’s HLH Energy The rates in this section apply to sales Residential Exchange Program for all Entitlement as specified in the under the Residential Exchange Program five years of the rate period. contract multiplied by the HLH Energy Rate from Section II.B. and the Subscription settlements of the 2.2 Rate Table Residential Exchange Program. (2) The Purchaser’s LLH Energy HLH Rate LLH rate Entitlement as specified in the A. Demand Rate Applicable months mills/kWh mills/kWh contract multiplied by the LLH Energy 1. Monthly Demand Rate for FY 2002 Rate from Section II.B. Through FY 2006 January ...... 19.66 14.05 February ...... 18.55 13.44 1.3 Load Variance Charge 1.1 Applicability March ...... 17.78 12.69 The charge for Load Variance will be: April ...... 12.24 9.15 These rates apply to customers The Purchaser’s Total Retail Load for purchasing power for all five years of May ...... 11.81 7.62 June ...... 15.11 9.21 the billing period multiplied by the the rate period under the Residential July ...... 19.45 16.20 Load Variance Rate from Section II.C. Exchange Program and to customers August ...... 29.84 19.83 purchasing power for all five years of September ...... 20.69 20.00 2. Adjustments, Charges, and Special the rate period under Subscription October ...... 17.28 13.95 Rate Provisions settlements of the Residential Exchange November ...... 21.16 18.37 Adjustments, Charges, and Special Program. December ...... 22.00 18.27 Rate Provisions are described in the 1.2 Rate Table 2002 GRSPs. Relevant sections are C. Load Variance Rate identified below. Applicable months Rate The Load Variance rate for FY 2002 kW-mo through FY 2006 applies to all 2002 Adjustments, charges, and special GRSP customers purchasing power under this rate provisions January ...... $2.14 section February ...... 2.06 rate schedule unless specifically March ...... 1.96 excluded in Section IV.H below. The Conservation and Renewables Dis- II.A. April ...... 1.37 rate for Load Variance is 0.8 mills/kWh. count. Conservation Surcharge ...... II.B. May ...... 1.32 Section IV June ...... 1.69 Cost-Based Indexed PF Rate ...... II.D. July ...... 2.12 The rates described above apply to the Cost Contributions ...... II.E. August ...... 2.44 following: Cost Recovery Adjustment Clause II.F. September ...... 2.28 Dividend Distribution Clause ...... II.H. Section IV.A. Full Service Product Flexible PF Rate Option ...... II.L. October ...... 1.90 Section IV.B. Actual Partial Service November ...... 2.31 Green Energy Premium ...... II.M. December ...... 2.40 Product—Simple Low Density Discount ...... II.P. Section IV.C. Actual Partial Service Rate Melding ...... II.Q. Targeted Adjustment Charge ...... II.U. B. Energy Rate Product—Complex Section IV.D. Block Product Unauthorized Increase Charge ...... II.V. 1. PF Exchange Program Energy Rates Section IV.E. Block Product with for FY 2002 Through FY 2006 Factoring B. Actual Partial Service Product— 1.1 Applicability Section IV.F. Block Product with Simple Shaping Capacity Purchases of the core Subscription These rates apply to customers Section IV.G. Slice Product Actual Partial Service Product—Simple purchasing power for all five years of Section IV.H. Customers who purchase are subject to the charges specified the rate period under the Residential under the Residential Exchange below. Exchange Program. Program or Subscription 1.2 Rate Table settlements of the Residential 1. Priority Firm Power Exchange Program 1.1 Demand Charge Energy 1. Priority Firm Exchange Program Applicable months rate Power The charge for Demand will be: mills/kWh 2. Priority Firm Exchange (the Purchaser’s Demand Entitlement January ...... 30.11 Subscription Power multiplied by a Demand Adjuster) as February ...... 28.67 A. Full Service Product specified in the contract multiplied by March ...... 27.52 the Demand Rate from Section II.A. April ...... 19.68 Purchases of the core Subscription May ...... 18.14 Full Service Product are subject to the 1.2 Energy Charge June ...... 22.80 charges specified below. The total monthly charge for energy July ...... 31.49 will be the sum of (1) and (2): August ...... 45.01 1. Priority Firm Power (1) The Purchaser’s HLH Energy September ...... 35.08 1.1 Demand Charge October ...... 27.78 Entitlement as specified in the November ...... 34.58 The charge for Demand will be: contract multiplied by the HLH December ...... 35.43 The Purchaser’s Measured Demand on Energy Rate from Section II.B. the Generation System Peak as (2) The Purchaser’s LLH Energy 2. PF Exchange Subscription Energy specified in the contract multiplied by Entitlement as specified in the Rates for FY 2002 Through FY 2006 the Demand Rate from Section II.A. contract multiplied by the LLH Energy Rate from Section II.B. 2.1 Applicability 1.2 Energy Charge These rates apply to eligible The total monthly charge for energy 1.3 Load Variance Charge customers purchasing power under will be the sum of (1) and (2): The charge for Load Variance will be:
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The Purchaser’s Total Retail Load for Adjustments, charges, and special 2002 Adjustments, charges, and special 2002 the billing period multiplied by the rate provisions GRSP rate provisions GRSP Load Variance Rate from Section II.C. Section section 2. Adjustments, Charges, and Special Conservation and Renewables Dis- II.A. Stepped Up Multiyear Block II.S. Rate Provisions count. (SUMY). Conservation Surcharge ...... II.B. Targeted Adjustment Charge ...... II.U. Adjustments, Charges, and Special Cost-Based Indexed PF Rate ...... II.D. Unauthorized Increase Charge ...... II.V. Rate Provisions are described in the Cost Contributions ...... II.E. 2002 GRSPs. Relevant sections are Cost Recovery Adjustment Clause II.F. E. Block Product With Factoring identified below. Dividend Distribution Clause ...... II.H. Excess Factoring Charge ...... II.I. Purchases of the core Subscription 2002 Flexible PF Rate Option ...... II.L. Block Product with Factoring are subject Adjustments, charges, and special Green Energy Premium ...... II.M. to the charges specified below. rate provisions GRSP section Low Density Discount ...... II.P. Rate Melding ...... II.Q. 1. Priority Firm Power Conservation and Renewables Dis- II.A. Targeted Adjustment Charge ...... II.U. 1.1 Demand Charge count. Unauthorized Increase Charge ...... II.V. Conservation Surcharge ...... II.B. The charge for Demand will be: Cost-Based Indexed PF Rate ...... II.D. D. Block Product (The Purchaser’s Demand Entitlement Cost Contributions ...... II.E. multiplied by a Demand Adjuster) as Cost Recovery Adjustment Clause II.F. Purchases of the core Subscription specified in the contract multiplied by Dividend Distribution Clause ...... II.H. Block Product are subject to the charges the Demand Rate from Section II.A. Flexible PF Rate Option ...... II.L. specified below. Green Energy Premium ...... II.M. 1.2 Energy Charge 1. Priority Firm Power Low Density Discount ...... II.P. The total monthly charge for energy Rate Melding ...... II.Q. 1.1 Demand Charge will be the sum of (1) and (2): Targeted Adjustment Charge ...... II.U. Unauthorized Increase Charge ...... II.V. The charge for Demand will be: (1) The Purchaser’s HLH Energy The Purchaser’s Demand Entitlement as Entitlement as specified in the C. Actual Partial Service Product— specified in the contract multiplied by contract multiplied by the HLH Complex the Demand Rate from Section II.A. Energy Rate from Section II.B. (2) The Purchaser’s LLH Energy Purchases of the core Subscription 1.2 Energy Charge Entitlement as specified in the Actual Partial Service Product— The total monthly charge for energy contract multiplied by the LLH Energy Complex are subject to the charges will be the sum of (1) and (2): Rate from Section II.B. specified below. (1) The Purchaser’s HLH Energy 1.3 Load Variance Charge 1. Priority Firm Power Entitlement as specified in the Not applicable to Block purchases 1.1 Demand Charge contract multiplied by the HLH unless the customer is also purchasing Energy Rate from Section II.B. another product to which Load Variance The charge for Demand will be: (2) The Purchaser’s LLH Energy is applicable as specified by contract. (The Purchaser’s Demand Entitlement Entitlement as specified in the multiplied by a Demand Adjuster) as contract multiplied by the LLH Energy 2. Adjustments, Charges, and Special specified in the contract multiplied by Rate from Section II.B. Rate Provisions the Demand Rate from Section II.A. 1.3 Load Variance Charge Adjustments, Charges, and Special Rate Provisions are described in the 1.2 Energy Charge Not applicable to Block purchases 2002 GRSPs. Relevant sections are The total monthly charge for energy unless the customer is also purchasing identified below. will be the sum of (1) and (2): another product to which Load Variance is applicable as specified by contract. 2002 (1) The Purchaser’s HLH Energy Adjustments, charges, and special GRSP Entitlement as specified in the 2. Adjustments, Charges, and Special rate provisions section contract multiplied by the HLH Rate Provisions Energy Rate from Section II.B. Conservation and Renewables Dis- II.A. Adjustments, Charges, and Special count. (2) The Purchaser’s LLH Energy Rate Provisions are described in the Conservation Surcharge ...... II.B. Entitlement as specified in the 2002 GRSPs. Relevant sections are Cost-Based Indexed PF Rate ...... II.D. contract multiplied by the LLH Energy identified below. Cost Contributions ...... II.E. Rate from Section II.B. Cost Recovery Adjustment Clause II.F. Dividend Distribution Clause ...... II.H. Adjustments, charges, and special 2002 1.3 Load Variance Charge GRSP Excess Factoring Charge ...... II.I. rate provisions section The charge for Load Variance will be: Flexible PF Rate Option ...... II.L. Green Energy Premium ...... II.M. The Purchaser’s Total Retail Load for Conservation and Renewables Dis- II.A. Low Density Discount ...... II.P. the billing period multiplied by the count. Rate Melding ...... II.Q. Load Variance Rate from Section II.C. Conservation Surcharge ...... II.B. Stepped Up Multiyear Block II.S. Cost-Based Indexed PF Rate ...... II.D. (SUMY). 2. Adjustments, Charges, and Special Cost Contributions ...... II.E. Targeted Adjustment Charge ...... II.U. Rate Provisions Cost Recovery Adjustment Clause II.F. Unauthorized Increase Charge ...... II.V. Dividend Distribution Clause ...... II.H. Adjustments, Charges, and Special Flexible PF Rate Option ...... II.L. F. Block Product With Shaping Capacity Rate Provisions are described in the Green Energy Premium ...... II.M. 2002 GRSPs. Relevant sections are Low Density Discount ...... II.P. Purchases of the core Subscription identified below. Rate Melding ...... II.Q. Block Product with Shaping Capacity
VerDate 18-JUN-99 19:29 Aug 12, 1999 Jkt 183247 PO 00000 Frm 00016 Fmt 4701 Sfmt 4703 E:\FR\FM\13AUN3.XXX pfrm03 PsN: 13AUN3 Federal Register / Vol. 64, No. 156 / Friday, August 13, 1999 / Notices 44333 are subject to the charges specified 2. Adjustments, Charges, and Special Regulation under the applicable charge below. Rate Provisions established by the TBL or its successor. 1. Priority Firm Power Adjustments, Charges, and Special c. Adjustments, Charges, and Special Rate Provisions are described in the Rate Provisions 1.1 Demand Charge 2002 GRSPs. Relevant sections are The charge for Demand will be: identified below. Adjustments, charges, and special 2002 rate provisions GRSP The Purchaser’s Demand Entitlement as 2002 section specified in the contract multiplied by Adjustments, charges, and special GRSP the Demand Rate from Section II.A. rate provisions section Conservation and Renewables Discount ...... II.A. 1.2 Energy Charge Conservation and Renewables Dis- II.A. Conservation Surcharge ...... II.B. Cost Contributions ...... II.E. The total monthly charge for energy count. Cost-Based Indexed PF Rate ...... II.D. Cost Recovery Adjustment Clause II.F. will be the sum of (1) and (2): Cost Contributions ...... II.E. Dividend Distribution Clause ...... II.H. (1) The Purchaser’s HLH Energy Low Density Discount ...... II.P. Green Energy Premium ...... II.M. Entitlement as specified in the Slice True-Up Adjustment ...... II.R. Low Density Discount ...... II.P. Unauthorized Increase Charge .... II.V. contract multiplied by the HLH Unauthorized Increase Charge ...... II.V. Energy Rate from Section II.B. 2. Priority Firm Exchange Subscription (2) The Purchaser’s LLH Energy H. Customers Who Purchase Under Power Entitlement as specified in the Residential Exchange Program or contract multiplied by the LLH Energy Subscription Settlements of the This PF Exchange Subscription rate Rate from Section II.B. Residential Exchange Program applies to sales under section 5(c) of the The PF Exchange rates include: (1) Northwest Power Act to investor-owned 1.3 Load Variance Charge the PF Exchange Program rate; and (2) utilities (IOU) that participate in a Not applicable to Block purchases the PF Exchange Subscription rate. settlement of the Residential Exchange unless the customer is also purchasing Program as described in BPA’s 1. Priority Firm Exchange Program another product to which Load Variance Subscription Strategy. Power is applicable as specified by contract. a. Priority Firm Exchange Subscription This PF Exchange Program rate Power Charges 2. Adjustments, Charges, and Special applies to the traditional Rate Provisions implementation of the Residential 1.1 Demand Charge Adjustments, Charges, and Special Exchange Program. The charge for Demand will be: Rate Provisions are described in the a. Priority Firm Exchange Program The Purchaser’s Contract Demand 2002 GRSPs. Relevant sections are Power Charges multiplied by the Demand Rate from identified below. Section III.A. 1.1 Demand Charge 1.2 Energy Charge Adjustments, charges, and special 2002 The charge for Demand will be: GRSP The total monthly charge for energy rate provisions section (The Purchaser’s Billing Demand, which is calculated by applying the load will be the sum of (1) and (2): Conservation and Renewables Dis- II.A. factor, determined as specified in the (1) The Purchaser’s HLH Contract count. Residential Exchange Program Energy multiplied by the HLH Energy Conservation Surcharge ...... II.B. agreement, to the Billing Energy for Rate from Section III.B.2. Cost-Based Indexed PF Rate ...... II.D. each billing period) multiplied by the (2) The Purchaser’s LLH Contract Cost Contributions ...... II.E. Demand Rate from Section III.A. Energy multiplied by the LLH Energy Cost Recovery Adjustment Clause II.F. Rate from Section III.B.2. Dividend Distribution Clause ...... II.H. 1.2 Energy Charge Flexible PF Rate Option ...... II.L. 1.3 Load Variance Charge The monthly charge for energy will Green Energy Premium ...... II.M. Not applicable. Low Density Discount ...... II.P. be: Rate Melding ...... II.Q. (The Purchaser’s Billing Energy, which b. Adjustments, Charges, and Special Stepped Up Multiyear Block II.S. is the energy associated with the Rate Provisions (SUMY). utility’s residential load for each Targeted Adjustment Charge ...... II.U. billing period computed in Adjustments, charges, and special 2002 Unauthorized Increase Charge ...... II.V. GRSP accordance with the provisions of the rate provisions section Purchaser’s Residential Exchange G. Slice Product Program agreement) multiplied by the Conservation and Renewables Purchases of the Subscription Slice Energy Rate from Section III.B.1. Discount ...... II.A. Conservation Surcharge ...... II.B. Product are limited to Public Body 1.3 Load Variance Charge Customers and are subject to the Cost-Based Indexed PF Rate ...... II.D. Cost Contributions ...... II.E. charges specified below. The charge for Load Variance is embedded in the energy charge. Cost Recovery Adjustment Clause II.F. 1. Slice Product Charge Dividend Distribution Clause ...... II.H. b. Transmission Charges Green Energy Premium ...... II.M. The charge for the Slice Product will Customers purchasing under this rate Low Density Discount ...... II.P. Unauthorized Increase Charge .... II.V. be: schedule are charged for transmission The elected Slice Percentage expressed services under the NT rate schedule or as a decimal (.01 = 1%) multiplied by its successor. Section IV. Transmission 100 multiplied by the Slice Rate in Customers purchasing under this rate All customers will need to obtain Section II.D. schedule are charged for Load transmission for delivery of products
VerDate 18-JUN-99 19:58 Aug 12, 1999 Jkt 183247 PO 00000 Frm 00017 Fmt 4701 Sfmt 4703 E:\FR\FM\13AUN3.XXX pfrm03 PsN: 13AUN3 44334 Federal Register / Vol. 64, No. 156 / Friday, August 13, 1999 / Notices listed under this rate schedule, except Applicable months Rate Adjustments, charges, and special 2002 for the exchange product listed under (kW-mo) rate provisions GRSP Section IV.H.1. section December ...... 2.40 Schedule RL–02 Conservation and Renewables B. Energy Rate Discount ...... II.A. Residential Load Firm Power Rate Conservation Surcharge ...... II.B. Section I. Availability 1. Monthly Energy Rates for FY 2002 Cost Contributions ...... II.E. Through FY 2006 Cost Recovery Adjustment Clause II.F. This schedule is available for the Dividend Distribution Clause ...... II.H. contract purchase of Firm Power to be 1.1 Applicability Green Energy Premium ...... II.M. used within the Pacific Northwest. The Low Density Discount ...... II.P. These rates apply to eligible Residential Load (RL) Firm Power Rate Unauthorized Increase Charge .... II.V. customers purchasing power for all five is available to investor-owned utilities years of the rate period. (IOUs) under net requirement contracts Section IV. Transmission for resale to ultimate residential 1.2 Rate Table All customers will need to obtain consumers for direct consumption. transmission for delivery of products Further, in order to purchase under this HLH LLH rate rate listed under this rate schedule unless rate, the IOU must agree to waive its Applicable months (mills/ (mills/ BPA’s Power Business Line (PBL) and right to request benefits under section kWh) kWh) the customer negotiate otherwise at time 5(c) of the Northwest Power Act for the of sale. term of the contract. Each IOU will be January ...... 19.66 14.05 able to purchase a specified amount of February ...... 18.55 13.44 Schedule NR–02 March ...... 17.78 12.69 Firm Power at the RL–02 rate. New Resource Firm Power Rate Additional sales of requirements power April ...... 12.24 9.15 to IOUs will be made at the NR–02 rate. May ...... 11.81 7.62 Section I. Availability June ...... 15.11 9.21 The product will be delivered in July ...... 19.45 16.20 This schedule is available for the equal hourly amounts over the rate August ...... 29.84 19.83 contract purchase of Firm Power or period. The consumer bills of September ...... 20.69 20.00 capacity to be used within the Pacific participating IOUs should designate October ...... 17.28 13.95 Northwest. New Resource Firm Power is ‘‘Benefits of the Federal Columbia River November ...... 21.16 18.37 available to investor-owned utilities Power System (FCRPS)’’ to describe the December ...... 22.00 18.27 (IOU) under net requirements contracts amount of benefits each consumer for resale to ultimate consumers; for receives. C. Load Variance Rate direct consumption; and for Rates in this schedule are available for Construction, Test and Start-Up, and Not applicable. purchases under requirements sales Station Service. New Resource Firm contracts for a five-year period. Only the Section III. Billing Factors and Power also is available to any public block product is available under this Adjustments body, cooperative, or Federal agency to rate schedule. Sales under this schedule the extent such power is needed to serve are subject to BPA’s 2002 General Rate Eligible customers purchasing power any New Large Single Load (NLSL), as Schedule Provisions (2002 GRSPs) and under a contract implementing defined by the Northwest Power Act. billing process. Subscription settlements of the That portion of the utility’s load placed Residential Exchange Program are Section II. Rates Tables on BPA that is attributable to the NLSL subject to the charges specified below. will be billed under this rate schedule. The rates for the RL Firm Power 1. Residential Load Firm Power Rates in this schedule are available for product are identified below. purchases under contracts for which 1.1 Demand Charge A. Demand Rate power deliveries begin on or after The charge for Demand will be: October 1, 2001 (2002 Contract), for a 1. Monthly Demand for FY 2002 three or five-year period. Products through FY 2006 The Purchaser’s Contract Demand available under this rate schedule are multiplied by the Demand Rate from 1.1 Applicability defined in BPA’s 2002 General Rate Section II.A. Schedule Provisions (2002 GRSPs). These rates apply to eligible This rate schedule supersedes the customers purchasing power for five 1.2 Energy Charge NR–96 rate schedule, which went into years. The total monthly charge for energy effect October 1, 1996. Sales under the 1.2 Rate Table will be the sum of (1) and (2): NR–02 rate schedule are subject to (1) The Purchaser’s HLH Contract BPA’s 2002 GRSPs and billing process. Rate Applicable months Energy multiplied by the HLH Energy Section II. Rates Tables (kW-mo) Rate from Section II.B; and The rates in this section apply to NR (2) The Purchaser’s LLH Contract January ...... $2.14 products. February ...... 2.06 Energy multiplied by the LLH Energy March ...... 1.96 Rate from Section II.B. A. Demand Rate April ...... 1.37 May ...... 1.32 2. Adjustments, Charges, and Special 1. Monthly Demand Rate for FY 2002 June ...... 1.69 Rate Provisions Through FY 2006 July ...... 2.12 1.1 Applicability August ...... 2.44 Adjustments, Charges, and Special September ...... 2.28 Rate Provisions are described in the These rates apply to eligible October ...... 1.90 2002 GRSPs. Relevant sections are customers purchasing power for three or November ...... 2.31 identified below. five years.
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1.2 Rate Table 3. Monthly Energy Rates for FY 2002 BPA and the Purchaser agree to bill Through FY 2006 based on a contract amount of energy. Rate Applicable months 3.1 Applicability (1) The NLSLs HLH Energy Entitlement (kW-mo) as specified in the contract multiplied These rates apply to eligible January ...... $2.14 by the HLH Energy Rate from Section customers purchasing for all five years II.B. February ...... 2.06 of the rate period under this rate table. March ...... 1.96 (2) The NLSLs LLH Energy Entitlement April ...... 1.37 3.2 Rate Table as specified in the contract multiplied May ...... 1.32 by the LLH Energy Rate from Section June ...... 1.69 HLH rate LLH rate II.B. July ...... 2.12 Applicable months (mills/ (mills/ August ...... 2.44 kWh) kWh) 1.3 Load Variance Charge September ...... 2.28 The charge for Load Variance will be: October ...... 1.90 January ...... 41.35 30.01 February ...... 39.10 28.79 The NLSLs Measured Energy for the November ...... 2.31 billing period as specified in the December ...... 2.40 March ...... 37.56 27.28 April ...... 26.36 20.12 contract multiplied by the Load May ...... 25.48 17.01 Variance Rate from Section II.C. B. Energy Rate June ...... 32.16 20.24 If the customer is already paying the 1. Monthly Energy Rates for FY 2002 July ...... 40.94 34.36 Load Variance Charge on the NLSL load Through FY 2004 August ...... 61.92 41.69 through this or another rate schedule, September ...... 43.43 42.04 this charge does not apply. 1.1 Applicability October ...... 36.54 29.82 November ...... 44.38 38.75 2. Adjustments, Charges, and Special These rates apply to eligible December ...... 46.07 38.55 Rate Provisions customers purchasing power in the first three years of the rate period. Adjustments, Charges, and Special C. Load Variance Rate Rate Provisions are described in the 1.2 Rate Table The Load Variance rate for FY 2002 2002 GRSPs. Relevant sections are through FY 2006 is applicable to all identified below. HLH rate LLH rate customers purchasing power under this Applicable months (mills/ (mills/ 2002 kWh) kWh) rate schedule unless specifically Adjustments, charges, and special excluded in Section III below. The rate GRSP rate provisions section January ...... 40.75 29.41 for Load Variance is 0.8 mills/kWh. February ...... 38.50 28.19 Conservation and Renewables March ...... 36.96 26.68 Section III. Billing Factors, and Adjustments for Each NR Product Discount ...... II.A. April ...... 25.76 19.52 Conservation Surcharge ...... II.B. May ...... 24.88 16.41 This rate schedule contains seven Cost Contributions ...... II.E. June ...... 31.56 19.64 subsections, corresponding to the Cost Recovery Adjustment Clause II.F. July ...... 40.34 33.76 products to which this rate schedule Dividend Distribution Clause ...... II.H. August ...... 61.32 41.09 applies. The following seven products Flexible NR Rate Option ...... II.K. September ...... 42.83 41.44 are available to serve NLSLs, or other Green Energy Premium ...... II.M. October ...... 35.94 29.22 Low Density Discount ...... II.P. November ...... 43.78 38.15 loads served at the NR–02 rate. Rate Melding ...... II.Q. December ...... 45.47 37.95 Section III.A. New Large Single Load Targeted Adjustment Charge ...... II.U. Section III.B. Full Service Product Unauthorized Increase Charge .... II.V. 2. Monthly Energy Rates for FY 2005 Section III.C. Actual Partial Service Through FY 2006 Product—Simple B. Full Service Product Section III.D. Actual Partial Service 2.1 Applicability Product—Complex Purchases of the core Subscription Section III.E. Block Product Full Service Product are subject to the These rates apply to purchases during Section III.F. Block Product with charges specified below. the last two years of the rate period for Factoring 1. New Resource Firm Power eligible customers purchasing for all Section III.G. Block Product with five years of the rate period. Shaping Capacity 1.1 Demand Charge The charge for Demand will be: 2.2 Rate Table A. New Large Single Load (NLSL) Service Product The Purchaser’s Measured Demand on HLH rate LLH rate the Generation System Peak as Applicable months (mills/ (mills/ Purchases of New Resource Firm specified in the contract multiplied by kWh) kWh) Power to serve a NLSL are subject to the the Demand Rate from Section II.A. charges specified below. January ...... 42.25 30.91 1.2 Energy Charge February ...... 40.00 29.69 1. New Resource Firm Power March ...... 38.46 28.18 The total monthly charge for energy April ...... 27.26 21.02 1.1 Demand Charge will be the sum of (1) and (2): May ...... 26.38 17.91 The charge for Demand will be: (1) The Purchaser’s HLH Energy June ...... 33.06 21.14 The NLSLs Demand Entitlement as Entitlement as specified in the July ...... 41.84 35.26 specified in the contract multiplied by contract multiplied by the HLH August ...... 62.82 42.59 the Demand Rate from Section II.A. Energy Rate from Section II.B. September ...... 44.33 42.94 (2) The Purchaser’s LLH Energy October ...... 37.44 30.72 1.2 Energy Charge November ...... 45.28 39.65 Entitlement as specified in the December ...... 46.97 39.45 The total monthly charge for energy contract multiplied by the LLH Energy will be the sum of (1) and (2), unless Rate from Section II.B.
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1.3 Load Variance Charge 2002 2002 Adjustments, charges, and special GRSP Adjustments, charges, and special GRSP The charge for Load Variance will be: rate provisions section rate provisions section The Purchaser’s Total Retail Load for the billing period multiplied by the Conservation and Renewables Rate Melding ...... II.Q. Load Variance Rate from Section II.C. Discount ...... II.A. Targeted Adjustment Charge ...... II.U. Conservation Surcharge ...... II.B. Unauthorized Increase Charge .... II.V. 2. Adjustments, Charges, and Special Cost Contributions ...... II.E. Rate Provisions Cost Recovery Adjustment Clause II.F. E. Block Product Adjustments, Charges, and Special Dividend Distribution Clause ...... II.H. Rate Provisions are described in the Flexible NR Rate Option ...... II.K. Purchases of the core Subscription Green Energy Premium ...... II.M. 2002 GRSPs. Relevant sections are Block Product are subject to the charges Low Density Discount ...... II.P. specified below. identified below. Rate Melding ...... II.Q. Targeted Adjustment Charge ...... II.U. 1. New Resource Firm Power 2002 Unauthorized Increase Charge .... II.V. Adjustments, charges, and special GRSP 1.1. Demand Charge rate provisions section D. Actual Partial Service Product— The charge for Demand will be: Conservation and Renewables Complex The Purchaser’s Demand Entitlement as Discount ...... II.A. Purchases of the core Subscription specified in the contract multiplied by Conservation Surcharge ...... II.B. Actual Partial Service Product— Cost Contributions ...... II.E. the Demand Rate from Section II.A. Complex are subject to the charges Cost Recovery Adjustment Clause II.F. 1.2. Energy Charge Dividend Distribution Clause ...... II.H. specified below. Flexible NR Rate Option ...... II.K. 1. New Resource Firm Power The total monthly charge for energy Green Energy Premium ...... II.M. shall be the sum of (1) and (2): Low Density Discount ...... II.P. 1.1 Demand Charge (1) The Purchaser’s HLH Energy Rate Melding ...... II.Q. The charge for Demand will be: Targeted Adjustment Charge ...... II.U. Entitlement as specified in the Unauthorized Increase Charge .... II.V. (The Purchaser’s Demand Entitlement contract multiplied by the HLH multiplied by a Demand Adjuster) as Energy Rate from Section II.B. C. Actual Partial Service Product— specified in the contract multiplied by (2) The Purchaser’s LLH Energy Simple the Demand Rate from Section II.A. Entitlement as specified in the contract multiplied by the LLH Energy Purchases of the core Subscription 1.2 Energy Charge Rate from Section II.B. Actual Partial Service Product—Simple The total monthly charge for energy are subject to the charges specified will be the sum of (1) and (2): 1.3 Load Variance Charge below. (1) The Purchaser’s HLH Energy Not applicable to Block purchases 1. New Resource Firm Power Entitlement as specified in the unless the customer is also purchasing contract multiplied by the HLH 1.1 Demand Charge another product to which Load Variance Energy Rate from Section II.B. is applicable as specified by contract. The charge for Demand will be: (2) The Purchaser’s LLH Energy (The Purchaser’s Demand Entitlement Entitlement as specified in the 2. Adjustments, Charges, and Special multiplied by a Demand Adjuster) as contract multiplied by the LLH Energy Rate Provisions Rate from Section II.B. specified in the contract multiplied by Adjustments, Charges, and Special the Demand Rate from Section II.A. 1.3 Load Variance Charge Rate Provisions are described in the 1.2 Energy Charge The charge for Load Variance will be: 2002 GRSPs. Relevant sections are identified below. The total monthly charge for energy The Purchaser’s Total Retail Load for the billing period multiplied by the will be the sum of (1) and (2): 2002 Load Variance Rate from Section II.C. Adjustments, charges, and special (1) The purchaser’s HLH Energy rate provisions GRSP Entitlement as specified in the 2. Adjustments, Charges, and Special section contract multiplied by the HLH Rate Provisions Conservation and Renewables Energy Rate from Section II.B. Adjustments, Charges, and Special Discount ...... II.A. (2) The purchaser’s LLH Energy Rate Provisions are described in the Conservation Surcharge ...... II.B. Entitlement as specified in the 2002 GRSPs. Relevant sections are Cost Contributions ...... II.E. contract multiplied by the LLH Energy identified below. Cost Recovery Adjustment Clause II.F. Rate from Section II.B. Dividend Distribution Clause ...... II.H. Flexible NR Rate Option ...... II.K. 1.3 Load Variance Charge 2002 Adjustments, charges, and special GRSP Green Energy Premium ...... II.M. The charge for Load Variance will be: rate provisions section Low Density Discount ...... II.P. The purchaser’s Total Retail Load for Rate Melding ...... II.Q. Conservation and Renewables Stepped Up Multiyear Block the billing period multiplied by the (SUMY) ...... II.S. Load Variance from Section II.C. Discount ...... II.A. Conservation Surcharge ...... II.B. Targeted Adjustment Charge ...... II.U. 2. Adjustments, Charges, and Special Cost Contributions ...... II.E. Unauthorized Increase Charge .... II.V. Rate Provisions Cost Recovery Adjustment Clause II.F. Dividend Distribution Clause ...... II.H. F. Block Product With Factoring Adjustments, Charges, and Special Excess Factoring Charge ...... II.I. Rate Provisions are described in the Flexible NR Rate Option ...... II.K. Purchases of the core Subscription 2002 GRSPs. Relevant sections are Green Energy Premium ...... II.M. Block Product with Factoring are subject identified below. Low Density Discount ...... II.P. to the charges specified below.
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1. New Resource Firm Power (1) The Purchaser’s HLH Energy Section II. Rates Tables 1.1. Demand Charge Entitlement as specified in the contract multiplied by the HLH The rates for the IP Firm Power The charge for Demand will be: Energy Rate from Section II.B. product are identified below. (the Purchaser’s Demand Entitlement (2) The Purchaser’s LLH Energy A. Demand Rate for All IP/IPTAC multiplied by a Demand Adjuster) as Entitlement as specified in the Products specified in the contract multiplied by contract multiplied by the LLH Energy the Demand Rate from Section II.A. Rate from Section II.B. 1. Flat Rate Demand for FY 2002 through 2006 1.2. Energy Charge 1.3 Load Variance Charge 1.1 Applicability The total monthly charge for energy Not applicable to Block purchases will be the sum of (1) and (2): unless the customer is also purchasing These rates apply to eligible (1) The Purchaser’s HLH Energy another product to which Load Variance customers purchasing power for all five Entitlement as specified in the is applicable as specified by contract. years of the rate period. contract multiplied by the HLH 2. Adjustments, Charges, and Special 1.2 Rate Table Energy Rate from Section II.B. Rate Provisions (2) The Purchaser’s LLH Energy Applicable months Rate Entitlement as specified in the Adjustments, Charges, and Special (kW-mo) contract multiplied by the LLH Energy Rate Provisions are described in the January ...... $2.14 Rate from Section II.B. 2002 GRSPs. Relevant sections are identified below: February ...... 2.06 1.3 Load Variance Charge March ...... 1.96 2002 April ...... 1.37 Not applicable to Block purchases Adjustments, charges, and special GRSP May ...... 1.32 unless the customer is also purchasing rate provisions section June ...... 1.69 another product to which Load Variance July ...... 2.12 is applicable as specified by contract. Conservation and Renewables August ...... 2.44 Discount ...... II.A. September ...... 2.28 2. Adjustments, Charges, and Special Conservation Surcharge ...... II.B. October ...... 1.90 Rate Provisions Cost Contributions ...... II.E. November ...... 2.31 Adjustments, Charges, and Special Cost Recovery Adjustment Clause II.F. December ...... 2.40 Dividend Distribution Clause ...... II.H. Rate Provisions are described in the Flexible NR Rate Option ...... II.K. B. Energy Rate 2002 GRSPs. Relevant sections are Green Energy Premium ...... II.M. identified below. Low Density Discount ...... II.P. 1. Monthly Energy Rates for FY 2002 Rate Melding ...... II.Q. Through FY 2006 2002 Stepped Up Multiyear Block Adjustments, charges, and special 1.1 Applicability rate provisions GRSP (SUMY) ...... II.S. section Targeted Adjustment Charge ...... II.U. Unauthorized Increase Charge .... II.V. These energy rates are to be combined Conservation and Renewables with one of the two IP Targeted Discount ...... II.A. Section IV. Transmission Adjustment Charges specified in Section Conservation Surcharge ...... II.B. 2.2 or 3.2 below. Cost Contributions ...... II.E. All customers will need to obtain Cost Recovery Adjustment Clause II.F. transmission for delivery of products 1.2 Rate Table Dividend Distribution Clause ...... II.H. listed under this rate schedule unless Excess Factoring Charge ...... II.I. HLH LLH BPA’s Power Business Line (PBL) and rate rate Flexible NR Rate Option ...... II.K. the customer negotiate otherwise at time Applicable months Green Energy Premium ...... II.M. (mills/ (mills/ Low Density Discount ...... II.P. of sale. Regulation and Frequency kWh) kWh) Rate Melding ...... II.Q. Response may have to be purchased for January ...... 21.49 15.87 Stepped Up Multiyear Block NLSLs. February ...... 20.37 15.27 (SUMY) ...... II.S. IP–02 March ...... 19.61 14.52 Targeted Adjustment Charge ...... II.U. April ...... 14.07 10.98 Unauthorized Increase Charge .... II.V. Industrial Firm Power Rate May ...... 13.63 9.44 Section I. Availability June ...... 16.93 11.04 G. Block Product With Shaping Capacity July ...... 21.28 18.03 This schedule is available, in Purchases of the core Subscription August ...... 31.66 21.65 conjunction with the IPTAC, to BPA’s September ...... 22.51 21.83 Block Product with Shaping Capacity direct service industrial (DSI) customers are subject to the charges specified October ...... 19.10 15.78 for Firm Power to be used in their November ...... 22.99 20.20 below. industrial operations. DSIs that December ...... 23.82 20.10 1. New Resource Firm Power purchase power under contracts for which power deliveries begin on or after 2. Monthly Energy Rates for FY 2002 1.1. Demand Charge October 1, 2001 (2002 Contracts), are Through FY 2006 for IPTAC (23.5 mills) The charge for Demand will be: eligible to purchase under this rate The Purchaser’s Demand Entitlement as schedule for up to a five-year period. 2.1 These rates apply to the eligible specified in the contract multiplied by This rate schedule supersedes the IP– customers purchasing power under this the Demand Rate from Section II.A. 96 rate schedule, which went into effect rate schedule for all five years of the rate October 1, 1996. Sales under the IP–02 period. 1.2. Energy Charge rate schedule are subject to BPA’s 2002 2.2 A charge of 2.02 mills shall be The total monthly charge for energy General Rate Schedule Provisions (2002 added to each IP energy rate in the Rate shall be the sum of (1) and (2): GRSPs) and billing process. Table in 1.2 above.
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3. Monthly Energy Rates for FY 2002 2002 GRSPs. Relevant sections are Section IV. Transmission Through FY 2006 for IPTAC (25.0 mills) identified below: All customers will need to obtain 3.1 These rates apply to the eligible 2002 transmission for delivery of products customers purchasing power under this Adjustments, charges, and special GRSP listed under this rate schedule unless rate schedule for all five years of the rate rate provisions section BPA’s Power Business Line (PBL) and period. the customer negotiate otherwise at time 3.2 A charge of 3.52 mills shall be Conservation and Renewable Dis- of sale. added to each IP energy rate in the Rate count ...... II.A. Table in 1.2 above. Conservation Surcharge ...... II.B. NF–02 Cost Contributions ...... II.E. Nonfirm Power Rate C. Load Variance Rate Cost Recovery Adjustment Clause II.F. The Load Variance rate for FY 2002 Dividend Distribution Clause ...... II.H. Section I. Availability through FY 2006 applies to all Green Energy Premium ...... II.M. Rate Melding ...... II.Q. This schedule is available for the customers purchasing power under this Supplemental Contingency Re- purchase of nonfirm energy to be used rate schedule unless specifically serves Adjustment ...... II.T. both inside and outside the United excluded in Section III below. The rate Unauthorized Increase Charge .... II.V. States including sales under the for Load Variance is 0.8 mills/kWh. Western Systems Power Pool (WSPP) Section III. Billing Factors and B. DSI Customers Who Purchase Under agreements and sales to consumers. The Adjustments for Each IP Product 2002 Industrial Firm Power Targeted offer of nonfirm energy under this schedule shall be determined by BPA. This rate schedule contains two Adjustment Charge (IPTAC) Contracts This rate schedule supersedes the subsections, corresponding to the Purchases of power under a 2002 products to which this rate schedule NF–96 schedule, which went into effect IPTAC contract are subject to the on October 1, 1996. Sales under the NF– applies. Only the firm take-or-pay Block charges specified below. Product is available under these rate 02 rate schedule are subject to BPA’s schedules. 1. Industrial Firm Power 2002 General Rate Schedule Provisions (2002 GRSPs). For sales under this rate SECTION III.A. DSI Customers Who 1.1 Demand Charge schedule, bills shall be rendered and Purchase Under 2002 Industrial Firm The charge for Demand will be: payments due pursuant to BPA’s 2002 Power (IP) Contracts SECTION III.B. DSI Customers Who The Purchaser’s monthly Contract GRSPs and billing process. Purchase Under 2002 Industrial Firm Demand multiplied by the Demand Section II. Rates, Billing Factors, and Power Targeted Adjustment Charge Rate from Section II.A. Adjustments (IPTAC) Contracts 1.2 Energy Charge The average cost of nonfirm energy is A. DSI Customers Who Purchase Under 24.98 mills/kWh. The NF–02 rate Energy charges will be calculated 2002 Industrial Firm Power (IP) schedule provides for upward and pursuant to the GRSPs IPTAC at the Contracts downward pricing flexibility from this time of contract negotiations. Purchases of power under a 2002 IP average nonfirm energy cost. 1.3 Load Variance Charge contract are subject to the charges A. Rates for Nonfirm Energy specified below. Not applicable to Block purchases 1. Standard Rate 1. Industrial Firm Power unless the customer is also purchasing another product to which Load Variance The Standard rate is any offered rate 1.1 Demand Charge is applicable as specified by contract. not to exceed 29.98 mills/kWh. The charge for Demand will be: 2. Adjustments, Charges, and Special 2. Market Expansion Rate The Purchaser’s monthly Contract Rate Provisions Demand multiplied by the Demand The Market Expansion rate is any Rate from Section II.A. Adjustments, Charges, and Special offered rate below the Standard rate in Rate Provisions are described in the effect. BPA may have one or more 1.2 Energy Charge 2002 GRSPs. Relevant sections are Market Expansion rates in effect The Total monthly charge for energy identified below: simultaneously. will be the sum of (1) and (2): 3. Incremental Rate (1) The Purchaser’s monthly HLH Adjustments, charges, and special 2002 Contract Energy multiplied by the GRSP The Incremental Rate is the rate provisions section HLH Energy Rate from Section II.B; Incremental Cost of energy plus 2.00 and mills/kWh, where the Incremental Cost Conservation and Renewable Dis- is defined as all identifiable costs (2) The Purchaser’s monthly LLH count ...... II.A. Contract Energy multiplied by the Conservation Surcharge ...... II.B. (expressed in mills/kWh) that BPA LLH Energy Rate from Section II.B. Cost-Based Indexed IP Rate ...... II.C. would have avoided had it not Cost Contributions ...... II.E. produced or purchased the energy being 1.3 Load Variance Charge Cost Recovery Adjustment Clause II.F. sold under this rate. Not applicable to Block purchases Dividend Distribution Clause ...... II.H. 4. Contract Rate unless the customer is also purchasing Flexible IP Rate Option ...... II.J. another product to which Load Variance Green Energy Premium ...... II.M. The Contract Rate is 24.98 mills/kWh. is applicable as specified by contract. Industrial Firm Power Targeted Adjustment Charge ...... II.O. B. Billing Factor for Nonfirm Energy 2. Adjustments, Charges, and Special Rate Melding ...... II.Q. The billing factor for nonfirm energy Rate Provisions Supplemental Contingency Re- serves Adjustment ...... II.T. purchased under this rate schedule shall Adjustments, Charges, and Special Unauthorized Increase Charge .... II.V. be the Measured Energy unless Rate Provisions are described in the otherwise specified by contract.
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C. Adjustments for Nonfirm Energy 3. Eligibility Criteria for Market preference. The rate for transactions Expansion Rate under the WSPP agreement is any rate All adjustments are described in the a. When only one Market Expansion within the limits specified by the 2002 GRSPs. The applicable sections are Standard, Market Expansion, and identified for each adjustment. rate is offered: Purchasers satisfying the Market Incremental rates but may not exceed the maximum rate specified in the 2002 Expansion Rate Qualifying Criteria Adjustments, charges, and special WSPP agreement. The rate for WSPP rate provisions GRSP specified in Section III.B.2 above, who section purchased nonfirm energy directly from sales may differ from the actual rate BPA, are eligible to purchase power offered for non-WSPP transactions in Cost Contributions ...... II.E. under the Market Expansion rate offered any hour. The rate for WSPP Unauthorized Increase Charge .... II.V. if the decremental cost of the qualifying transactions is independent of any other resource, purchase, or qualifying rate offered concurrently under this rate Section III. Determination of the alternative fuel source is lower than the schedule outside the agreement. Applicable NF Rate Standard rate in effect plus 2.00 mills/ F. End-User Rate Any time that BPA has nonfirm kWh. BPA may agree to a rate formula for energy for sale, the Standard rate, the Purchasers qualifying under Section nonfirm energy purchases by end-users. Market Expansion rate, the Incremental III.B.2 who purchase nonfirm energy Such rate or rate formula will be within rate, the Contract rate, or any through a third party are eligible to the limits specified for the Standard and combination of these rates may be in purchase power under the Market Market Expansion rates but may differ effect. Expansion rate offered if the cost of the qualifying alternative fuel source is from the actual rates offered during any A. Standard Rate lower than the Standard rate in effect hour. The Standard rate is available for all plus 4.00 mills/kWh. Section IV. Delivery purchases of nonfirm energy. b. When more than one Market Expansion rate is offered: A. Rate of Delivery B. Market Expansion Rate Purchasers qualifying under Section BPA shall determine the amount of 1. Application of the Market Expansion III.B.2 who purchase nonfirm energy nonfirm energy to be made available for Rate directly from BPA are eligible to each hour. Such determination shall be purchase power under the Market made for each applicable nonfirm The Market Expansion rate applies Expansion rate if the decremental cost energy rate. when BPA determines that all markets of the qualifying resource, purchase, or at the Standard rate have been satisfied qualifying alternative fuel source is B. Guaranteed Delivery and BPA offers additional nonfirm lower than the Standard rate in effect 1. Availability energy. plus 2.00 mills/kWh. The rate BPA will determine the amount and 2. Market Expansion Rate Qualification applicable to a purchaser will be the duration of nonfirm energy to be offered Criteria highest Market Expansion rate offered on a guaranteed basis. Such daily or that is below the purchaser’s qualifying hourly amounts may be as small as zero In order to purchase nonfirm energy decremental cost minus 2.00 mills/kWh. or as much as all the nonfirm energy at the Market Expansion rate, a C. Incremental Rate that BPA plans to offer for sale on such purchaser must: days. a. Have a displaceable resource, The Incremental rate applies to sales displaceable purchase of electricity; or of energy: 2. Conditions 1. That is produced or purchased by Scheduled amounts of guaranteed b. Be an end-user load with a BPA concurrently with the nonfirm nonfirm energy may not be changed displaceable alternative fuel source. In energy sale; addition, a purchaser must demonstrate 2. That BPA may at its option not except: a. When BPA and the purchaser one of the following: produce or purchase; and 3. that has an mutually agree to increase or decrease a. Shutdown or reduction of the Incremental Cost greater than the the scheduled amounts; or output of the displaceable resource Standard rate (plus the Intertie Charge, b. When BPA must reduce nonfirm associated with that purchase, in an if applicable) minus 2 mills. energy deliveries in order to serve firm amount equal to the amount of Market loads. Expansion rate energy purchased; or D. Contract Rate b. Reduction of a displaceable The Contract rate applies to contracts Section V. Transmission (except power sales contracts offered purchase and the output of the resource All customers will need to obtain pursuant to Sections 5(b), 5(c), and 5(g) associated with that purchase, in an transmission for delivery of products of the Northwest Power Act) that refer amount equal to the amount of Market listed under this rate schedule unless Expansion rate energy purchased; or to the Contract rate: 1. For sale of nonfirm energy; or BPA’s Power Business Line (PBL) and c. Shutdown or reduction of the 2. For determining the value of the customer negotiate otherwise at time identified output of the resource(s) energy. of sale. indirectly in an amount equal to the BPA’S 2002 General Rate Schedule amount of Market Expansion rate energy E. Western Systems Power Pool Provisions for Power Rates purchased (for example, the purchase Transactions (WSPP) may be used to run a pumped storage BPA may make available nonfirm Index General Rate Schedule Provisions unit); or energy for transactions under the WSPP Section I: Adoption of Revised Rate d. Decrease of an end-user alternate agreement. WSPP sales shall be subject Schedules and General Rate Schedule fuel source in an amount equivalent to to the terms and conditions specified in Provisions the amount of Market Expansion rate the WSPP agreement and will be A. Approval of Rates energy purchased. consistent with regional and public B. General Provisions
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C. Late Payment Provisions 20. Firm Power (PF–02, IP–02, NR–02, RL– enactment of the Pacific Northwest D. Notices 02) Electric Power Planning and 21. Full Service Customer Section II: Adjustments, Charges, and Special Conservation Act (Northwest Power 22. Generation System Peak Act). All sales under these rate Rate Provisions 23. Heavy Load Hours (HLH) A. Conservation and Renewables Discount 24. Inventory Solution Costs schedules are subject to the following (C&R Discount) 25. Light Load Hour (LLH) acts as amended: The Bonneville Project B. Conservation Surcharge (PF/NR only) 26. Measured Demand Act, the Regional Preference Act (P.L. C. Cost-Based Indexed IP Rate 27. Measured Energy 88–552), the Federal Columbia River D. Cost-Based Indexed PF Rate 28. Metered Demand Transmission System (FCRTS) Act (P.L. E. Cost Contributions 29. Metered Energy 93–454), the Northwest Power Act (P.L. F. Cost Recovery Adjustment Clause (CRAC) 30. Mid-Columbia Bus (Mid-C Bus) 96–501), and the Energy Policy Act of G. Demand Adjuster 31. Monthly Federal System Peak Load 1992 (P.L. 102–486). H. Dividend Distribution Clause (DDC) 32. NP15 These 2002 rate schedules do not I. Excess Factoring Charges 33. NW1 (California-Oregon Border) supersede any previously established J. Flexible IP Rate Option 34. NW3 (Nevada-Oregon Border) K. Flexible NR Rate Option 35. Partial Service Customer rate schedule which is required, by L. Flexible PF Rate Option 36. Point of Delivery (POD) agreement, to remain in effect. M. Green Energy Premium 37. Point of Integration (POI) If a provision in an executed N. Guaranteed Delivery Charge (NF Only) 38. Point of Interconnection (POI) agreement is in conflict with a provision O. Industrial Firm Power Targeted 39. Points of Metering (POM) contained herein, the former shall Adjustment Charge (IPTAC) 40. Pre-Subscription Contract prevail. P. Low Density Discount 41. Purchaser Q. Rate Melding 42. Receiving Party C. Late Payment Provisions R. Slice True-Up Adjustment 43. Retail Access Bills not paid in full on or before S. Stepped Up Multiyear Block (SUMY) 44. Scheduled Demand close of business on the due date shall T. Supplemental Contingency Reserves 45. Scheduled Energy be subject to an interest charge of one- Adjustment (SCRA) 46. Slice Administrative Costs U. Targeted Adjustment Charge 47. Slice Revenue Requirement twentieth percent (0.05 percent) applied V. Unauthorized Increase Charge 48. Subscription each day to the unpaid amount. This interest charge shall be assessed on a Section III: Definitions 49. Subscription Contract 50. System Obligations daily basis until such time as the unpaid A. Power Products and Services Offered By 51. Total Plant Load amount is paid in full. the Power Business Line of BPA 52. Total Retail Load (TRL) Remittances will be accepted without 1. Actual Partial Service Product—Simple/ 53. Utility Distribution Company assessment of the charges referred to in Complex the preceding paragraph provided 2. Block Product General Rate Schedule Provisions 3. Block Product with Factoring payment was received on or before the 4. Block Product with Shaping Capacity Section I. Adoption of Revised Rate due date. The due date is the 20th day 5. Construction, Test and Start-Up, and Schedules and General Rate Schedule after the issue date of the bill unless the Station Service Provisions 20th day is a Saturday, Sunday, or 6. Core Subscription Products A. Approval of Rates Federal holiday, in which case the due 7. Customer System Peak (CSP) date is the next business day. Whenever 8. Full Service Product These 2002 Wholesale Power Rate a power bill or a portion thereof remains 9. Industrial Firm Power Schedules and General Rate Schedule unpaid subsequent to the due date, and 10. Load Variance Provisions (2002 GRSPs) shall become after giving 30 days’ advance notice in 11. New Resource Firm Power effective upon interim approval or upon 12. Nonfirm Energy writing, BPA may cancel the contract for final confirmation and approval by the service to the Purchaser. However, such 13. Priority Firm Power Federal Energy Regulatory Commission 14. Regulation and Frequency Response cancellation shall not affect the 15. Residential Exchange Program Power (FERC). Bonneville Power Purchaser’s liability for any previously 16. Slice Product Administration (BPA) has requested that accrued charges under such contract. B. Definition of Rate Schedule Terms FERC make these rates and 2002 GRSPs 1. 2002 Contract effective on October 1, 2001, for D. Notices 2. Annual Billing Cycle customers who are billed by BPA on a For the purpose of determining 3. Billing Demand calendar month basis and on the first elapsed time from receipt of a notice 4. Billing Energy day of the first billing month following applicable to rate schedule and GRSP 5. California Independent System Operator that date for all other customers. All rate administration, a notice shall be deemed (California ISO) schedules shall remain in effect until 6. California ISO Spinning Reserve to have been received at 0000 hours on Capacity they are replaced or expire on their own the first calendar day following actual 7. California ISO Supplemental Energy terms. receipt of the notice. 8. California Power Exchange (California B. General Provisions Section II. Adjustments, Charges, and PX) 9. Contract Demand These 2002 Wholesale Power Rate Special Rate Provisions 10. Contract Energy Schedules and the 2002 GRSPs A. Conservation and Renewables 11. Control Area associated with these schedules Discount (C&R Discount) 12. Decremental Cost supersede BPA’s 1996 rate schedules 13. Delivering Party (which became effective October 1, 1. Description of the Discount 14. Demand Entitlement 1996) to the extent stated in the To encourage and support the 15. Discount Period 16. Dow Jones Mid-C Indexes (DJ Mid-C Availability section of each rate development of conservation projects Indexes) schedule. These schedules and 2002 and renewable resources in the Pacific 17. Electric Power GRSPs shall be applicable to all BPA Northwest, BPA is offering a 18. Energy Entitlement contracts, including contracts executed Conservation and Renewables Discount 19. Federal System both prior to, and subsequent to, (C&R Discount) to customers purchasing
VerDate 18-JUN-99 19:29 Aug 12, 1999 Jkt 183247 PO 00000 Frm 00024 Fmt 4701 Sfmt 4703 E:\FR\FM\13AUN3.XXX pfrm03 PsN: 13AUN3 Federal Register / Vol. 64, No. 156 / Friday, August 13, 1999 / Notices 44341 under the Priority Firm (PF–02), New charges and credits on the participating IV. Support Activities (i.e., Resources (NR–02), and Residential customer’s power bill. administrative, advertising, R&D, and Load (RL–02) rate schedules. Customers BPA will provide the discount even in evaluation purchasing under the Industrial Firm those months when the discount c. Certification of Incremental Spending Power Rate (IP–02) will be eligible to amount is larger than the customer’s the extent that the C&R Discount does total power bill amount. Each Interim Report and the Final not reduce their effective rate below the Reconciliation Report shall include 3. Qualifying Expenditures DSI floor rate. Regional public agency language certifying the participating customers with Pre-Subscription Participating customers shall record customer’s actual incremental spending, contracts with collared pricing all qualifying expenditures to ensure such as: provisions may be eligible for the C&R full credit for their conservation and ‘‘[Customer] certifies that the Discount subject to contract provisions. renewable resource activities. expenditures documented in this report The amount of the Discount will be a Qualifying expenditures are those that are incremental increases in this fixed monthly amount based on the meet technical standards developed by organization’s budget for the current customer’s forecasted purchases from the Regional Technical Forum as operating year beyond what we planned BPA under its Subscription contract. approved by BPA. to spend absent the discount.’’ Following the end of the Discount Although BPA will provide the credit d. Exemption Language for State and Period (which is the end of the rate on a monthly basis, the customer has no Municipal Initiatives period or the customer’s contract term, obligation to adhere to any particular whichever comes first), BPA will expenditure pattern. To retain the full If States, municipalities, or other evaluate the customer’s investments in discount provided by BPA, the governmental bodies in the BPA service eligible conservation and renewable participating customer must make territory require, by law or regulation, that a utility, which is a participating resource projects during the Discount qualifying expenditures during the customer in the C&R Discount, to Period. Any customer that has not spent Discount Period in an amount equal to, acquire or invest in new conservation at least as much money on eligible or exceeding, the cumulative C&R and/or a new renewable resource activities as the cumulative discount Discount received from BPA during the project, then such acquisitions and received from BPA must reimburse the Discount Period. investments will be deemed as difference to BPA. 4. Reporting incremental budget increases for the 2. Calculation and Application of the a. Interim Conservation and Renewable purposes of section 4.c. above. Discount Reports 5. Reimbursement a. Overview of the Discount Participating customers shall submit a. Customers Whose Expenditures The C&R Discount will be included as to BPA annual Interim Conservation and Exceed the Threshold a fixed dollar credit in the monthly Renewable Reports at the end of each No reimbursements are required of power bill of each participating fiscal year of the rate period (i.e., 10/01/ any participating customer whose total customer. The credit will equal the 01 to 9/30/02; 10/01/02, to 9/30/03; expenditures over the Discount Period customer’s forecasted average monthly etc.). The Interim Report shall show the equal or exceed the total cumulative Subscription contract (in megawatts) customer’s cumulative discounts C&R Discount received from BPA. multiplied by the unit discount. received to date and their cumulative (Because the average contract is used, qualifying expenditures. If the report b. Customers Whose Expenditures Fall the discount does not vary by month). shows that the customer’s qualifying Below the Threshold expenditures are less than or equal to its b. Determination of the ‘‘Unit Discount’’ If a participating customer’s Final discount receipts by 5 percent or more, Reconciliation Report shows that the The unit discount will equal 0.5 mills the customer must indicate in its report cumulative discount received from BPA per kilowatthour (kWh). how it plans to adjust its expenditures exceeds the customer’s total qualifying c. Determination of Individual Customer to ensure that it will retain the full expenditures, the customer may take an Discounts discount after the Discount Period. additional month (for a total of two For a participating customer buying b. Final Reconciliation Reports months after the end of the Discount power from BPA under a Subscription At the end of the Discount Period the Period) to make the necessary qualifying contract for the entire five-year rate participating customer shall prepare a expenditures and prepare a Revised period, BPA will determine the monthly Final Reconciliation Report. This report Final Reconciliation Report. The final dollar discount by multiplying the shall be submitted and received by BPA report is due to BPA within two months customer’s forecasted average monthly one month after the end of the Discount of the end of the Discount Period power consumption over the rate period Period (November 1, 2006, for (December 1, 2006, for the five-year by the unit discount. participating customers’ purchasing customers). If the customer’s qualifying power from BPA for the full five-year expenditures still do not equal or d. Annual Review of Individual exceed its cumulative discount, the Customer Discounts rate period). This report shall identify: customer must reimburse the difference At least 30 days prior to the start of i. The cumulative C&R Discount that to BPA. Such reimbursement shall be each fiscal year, customers will submit the customer has received from BPA made within the same two-month grace adjustments to the section c monthly during the Discount Period, and period and shall be made using the discounts based on changes to the ii. The total qualifying expenditures same payment method as the customer customers load as specified in their BPA that the customer has made during the uses for paying its wholesale bill. contract. Discount Period segregated into the BPA will not assess interest on any reimbursement paid within the two- e. Application of the Discount following four categories: I. Incremental Conservation month window. However, any payment The C&R Discount will be applied II. Renewable Resources received after the due date (December 1, after BPA has determined all other III. Low Income Weatherization 2006, the five-year customers) shall be
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BPA will base the index pricing on conservation and renewable resource be equivalent to or greater than, on a net a current market forecast of the market development. BPA will distribute the present value basis, the revenues BPA index referenced. The expected Net C&R portion of any declared dividend in would have received had the IPTAC Present Value (NPV) revenue of the the same manner outlined in this specified in the IP–02 rate schedule forecast index prices will be adjusted by section with the following been applied to the same sales. a HLH and a LLH Market Index Monthly modifications: 2. Risk Adjustments: Risk, both credit Adjustment (MIMA) to equal the 1. In order to receive their portion of risk associated with individual expected NPV of the applicable PF rates. the C&R dividend, customers must be customers and price risk associated with The MIMA reflects BPA’s PF equivalent actively participating in the basic C&R power and commodity prices, will be expected revenues at the time the Discount effort; and factors in establishing any flexible rate contract is signed, including an 2. Participating customers must spend option. Creditworthiness will be insurance premium to ensure revenue two dollars on eligible activities to determined by BPA consistent with sufficiency. receive one dollar of their dividend prevailing business standards, and 3. Customers must select this rate for share (i.e., any C&R dividend will be applied consistently to each customer. the term of their Subscription contract leveraged on a 2 for 1 basis). Such credit risks will be dealt with that the 2002–2006 rate period covers. 3. The unit discount for participating through a ‘‘margin deposit’’ expense Customers who choose a contract length customers receiving the dividend will charge built into the rates, or other of less than five years and wish to renew set at $0.75 per MWh during the months methods acceptable to BPA. will be subject to rates established 3. Industry Index: The Cost-Based the dividend is in effect. under a new rate case. Indexed IP Rate will be adjusted on a B. Conservation Surcharge (PF/NR regular basis consistent with a 4. Billing will be based on the index’s Only) negotiated cash or financial index. average of the last 15 days of closing or The Conservation Surcharge, where Adjusting the price of the Cost-Based posted daily prices at the reference implemented shall be applied in Indexed IP Rate with the fluctuations in point. The MIMA will be calculated as accordance with relevant provisions of a world aluminum price index would be follows: the Northwest Power Act, BPA’s current one use of an industry index. Index = average of last 15 days of closing or conservation surcharge policy, and the 4. Lower Rate Limit and Upper Rate posted daily prices at the reference point. customer’s power sales contract with Limit: A lower and upper rate limit will PF = monthly PF HLH or LLH energy rate BPA. The PF and NR rate schedules are bound the Cost-Based Index and Cost of Insurance = The premium on a subject to the Conservation Surcharge. establish the minimum and maximum physical and financial instrument used to prices to be charged during the contract mitigate the risk. C. Cost-Based Indexed IP Rate MIMA = Index¥PF+Cost of Insurance period. The Cost-Based Indexed IP Rate E. Cost Contributions option shall be offered at BPA’s D. Cost-Based Indexed PF Rate discretion to a DSI Purchaser who The Cost-Based Indexed PF Rate will BPA has made the following resource makes a contractual commitment to be offered to all firm load requirements cost determinations: purchase power for all five years of the customers who wish to convert their 1. The forecasted average cost of rate period from BPA that is subject to applicable PF rate under their contracts resources available to BPA under the IP Targeted Adjustment Charge to a market-indexed or floating price average water conditions is 19.12 mills/ (IPTAC). The charges and billing factors adjusted for BPA’s risk. The following kWh. under this option shall be specified by are features of this rate: 2. The approximate cost contribution BPA at the time the Administrator offers 1. BPA and the customer will choose of different resource categories to each to make power available to a Purchaser during contract negotiations a mutually rate schedule is as shown in Table A:
TABLE A
Resource cost contribution Rate schedule Federal base system* Exchange* New resources*
PF ...... 100 0 0 IP ...... 52.86 43.66 3.48 NR ...... 52.86 43.66 3.48 * In percent.
F. Cost Recovery Adjustment Clause sales on a temporary basis if Actual The CRAC applies to power (CRAC) Accumulated Net Revenues (AANR) in customers under these firm power rate the generation function fall below a schedules: Priority Firm Power The CRAC is an upward adjustment to threshold level. [Preference (PF excluding Slice), posted power rates for Subscription Exchange Program, and Exchange
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Subscription], IP–02, including under Where Revenue Amount is the included in determinations under the the IPTAC and Cost-Based Index Rate, amount of additional revenue that an CRAC. Accrued revenues and expenses RL–02 including the financial portion of increase in rates under CRAC is of the transmission function are any Residential Exchange Settlement intended to generate during the period excluded. The determination of AANR under this rate schedule, NR–02, and that the rate increase is effective. will be confirmed by BPA’s Subscription purchase under FPS. The Where CRAC Threshold is the ‘‘trigger independent auditing firm. CRAC does not apply to Pre- point’’ for invoking a rate increase Where Maximum Planned Recovery Subscription rates or Slice purchases. under the CRAC. The threshold is pre- Amount is the maximum amount specified for the end of fiscal years planned to be recovered through the 1. Formula for the Calculation of the 2001, 2002, 2003, 2004, and 2005 in Revenue Amount and CRAC Percentage CRAC beginning in April following the Table B. end of a fiscal year in which the AANR If the AANR in any fiscal year 2001 Where AANR is generation function falls below the CRAC Threshold. through 2004 falls below the CRAC net revenues, as accumulated since If the AANR in fiscal year 2005 falls Threshold for that same fiscal year, the 1998, at the end of each of the fiscal below the CRAC Threshold, the CRAC CRAC triggers, and rates will be years 2001 through 2005. Net revenues triggers, and rates will be increased for increased for a 12-month period for any given fiscal year are accrued a six-month period beginning the beginning the following April. The revenues less accrued expenses, in following April. The Revenue Amount Revenue Amount will be determined by accordance with Generally Accepted will be determined by the following the following formula: Accounting Practices. Only generation formula: Revenue Amount is the lower of: function revenues and expenses, which CRAC Threshold—AANR; or is to say accrued revenues and accrued Revenue Amount is the lower of: The annual Maximum Planned expenses that are associated with the (CRAC Threshold¥AANR) divided by Recovery Amount, shown in Table B production, acquisition, marketing, and 2; or $87.5 million ($175 million below. conservation of electric power, will be divided by 2)
TABLE B
Maximum CRAC thresh- planned recov- Fiscal year old (AANR, $ ery amount (be- millions) ginning fol- lowing April)
2001 ...... ¥350 125 2002 ...... ¥350 135 2003 ...... ¥200 150 2004 ...... ¥200 150 2005 ...... ¥200 87.5
Once the Revenue Amount is the CRAC Threshold. If the AANR is b. Notice of CRAC Trigger determined, that amount will be below the CRAC Threshold, the BPA shall notify all customers and converted to the CRAC Percentage. The Administrator will propose, in January, rate case parties on or about January 15 CRAC Percentage is the percentage to increase applicable rates effective in in each of the fiscal years 2002–2006, if increase in each of the firm power rate the following April. The adjustment is schedules listed above. This percentage the AANR fell below the CRAC applied to power deliveries beginning Threshold for that fiscal year and rates will be applied for a period of time to April 1. Any such increase beginning in generate the additional (CRAC) revenue. will be adjusted under the CRAC. (If the fiscal years 2002–2005 remains in effect December unaudited AANR report for The CRAC Percentage will be through March of the following year. An determined by the following formula: the generation function indicated that increase beginning in the final fiscal the CRAC Threshold might be reached, CRAC Percentage = year of the rate period (2006) will and the audited actuals show that it has Revenue Amount remain in effect through September Divided by not triggered, customers and rate case CRAC Revenue Basis, 2006. parties will be so notified.) Notification Where CRAC Revenue Basis is the 3. CRAC Notification Process will include the audited AANR for the total generation revenue for the loads prior fiscal year, the calculation of the subject to CRAC, plus any Slice loads, BPA shall follow the following Revenue Amount, and the estimated for the fiscal year in which the CRAC notification procedures: CRAC Percentage. The notice shall also describe the data and assumptions implementation begins, based on the a. Financial Performance Status Reports then most current revenue forecast. relied upon by BPA. Such data, assumptions and documentation, if non- Each non-Slice product’s total charge By no later than August 31 of each proprietary and/or non-privileged, shall for energy, demand and load variance year, BPA shall post on its electronic be made available for review at BPA will be increased by this CRAC information access site (World Wide Percentage amount. upon request. The notice shall also Web) a forecast of AANR attributable to contain the tentative schedule for the 2. CRAC Adjustment Timing the generation function for the fiscal remainder of the CRAC implementation year ending September 30. By no later In January of each year of the rate process. than December 1 of each year, BPA shall period, the Administrator will On or about February 1 of any of the determine whether the AANR at the end also post on its World Wide Web site fiscal years 2002–2006 in which the of the preceding fiscal year fell below the unaudited AANR. AANR falls below the CRAC Threshold,
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BPA staff shall conduct a public forum ‘‘Stakeholders’’ are groups that have a The portion of the DDC Amount to explain the AANR result, the fundamental policy or financial interest allocated to power customers (the Power calculation of the Revenue Amount and in BPA’s generation function. These Customers DDC Amount) will be the CRAC Percentage, and demonstrate groups include, but are not limited to, determined according to a plan to be that the CRAC has been implemented in customers subject to the posted firm adopted in a public process BPA will accordance with the GRSPs. The forum power rate schedules cited above. A full conduct (see Section 3 below). The will provide an opportunity for public identification of stakeholders will be Power Customer DDC Amount will be comment. provided for comment in the public converted to a percentage (the Power On or about March 1 of any of the consultation process. Customer DDC Percentage), which will fiscal years 2002–2006 in which the 1. Formula for the Calculation of the be applied to all power customer rates AANR falls below the CRAC Threshold, Dividend Distribution Amount subject to the DDC to arrive at the the BPA Administrator shall notify all amount to be rebated on power bills for customers to whom the CRAC applies of The DDC process will be each of the included power customers. the final calculation of the adjustment implemented if audited actual The Power Customer DDC Percentage and the resulting rate increase (as a accumulated net revenues for the end of will be determined by the following percentage) applicable to each rate any of the fiscal years 2001–2005 are formula: schedule. above the DDC Threshold value. Actual Accumulated Net Revenues Power Customer DDC Percentage equals: G. Demand Adjuster (AANR) are generation function net Power Customer DDC Amount, revenues, as accumulated since 1998, at Divided by the DDC Revenue Basis The Demand Adjuster is applied to a the end of each of the fiscal years 2001 Where DDC Revenue Basis is the total customer’s demand billing factor. It is a through 2005. Net revenues are accrued generation revenue for the loads subject number less than or equal to one revenues less accrued expenses, in to the DDC for the fiscal year in which calculated by dividing the customer’s accordance with Generally Accepted the DDC implementation begins, based Total Retail Load on the Generation Accounting Practices. Only generation on the then most current revenue System Peak by the customer’s Total function revenues and expenses, which forecast. Retail Load on their system peak. The is to say accrued revenues and accrued Each covered power customer will minimum Demand Adjuster is 0.6 (six expenses that are associated with the receive a rebate equal to the Power tenths). The Demand Adjuster is used production, acquisition, marketing, and Customer DDC Percentage applied to with the demand billing factor for the conservation of electric power, are their total charge for energy, demand Actual Partial Service Products, and included in determinations under the and load variance. For any customer or with the demand billing factor for the DDC; accrued revenues and expenses of stakeholder entitled to a dividend who Block with Factoring. the transmission function are excluded. is not a power customer, the H. Dividend Distribution Clause (DDC) The determination of AANR will be Administrator will convert the DDC confirmed by BPA’s independent Percentage to a dollar figure. The DDC is a clause establishing outside auditing firm. 2. Determination and Timing of a criteria and public process requirements DDC Threshold is the minimum level Dividend Distribution that the Administrator will use to of AANR that must be realized before a decide whether dividends should be dividend distribution is considered. The On or about January 15 of each year distributed and the amount that should DDC Threshold is $500 million for the of the rate period (FY 2002–2006), the be distributed. The DDC enables BPA to end of fiscal years 2001, 2002, 2003, Administrator will determine whether distribute dividends to customers and 2004, and 2005. the AANR exceeds the DDC Threshold. other stakeholders. The DDC also DDC Amount is the aggregate amount If the AANR exceeds the DDC establishes the mechanism to be used to that is available to be distributed to Threshold: (1) Customers and rate case make a distribution to certain firm customers and stakeholders. The DDC parties will be so notified; and (2) the power customers. Amount may be equal to zero and will Administrator will prepare a Five-Year The DDC applies to power customers be determined by the following formula: Forecast. On or about March 1, the under these firm power rate schedules: DDC Amount is the lower of: Administrator will propose to distribute Priority Firm Power [Preference (PF AANR¥DDC Threshold; or or not distribute dividends. The excluding Slice), Exchange Program, Cash in excess of that needed to meet Administrator will issue a final decision and Exchange Subscription], IP–02 the Treasury Payment Probability on the proposal on or about April 15. including under the IPTAC and Cost- (TPP) Standard, based on the Five-Year Dividends distributed to customers Based Index Rate, RL–02 including the Forecast are included in energy deliveries financial portion of any Residential Where the TPP Standard is an 88 beginning May 1, and, for any fiscal year Exchange Settlement under this rate percent probability that all planned 2002–2005, remain in affect for 12 schedule, NR–02, and Subscription payments to the U.S. Treasury will be months; i.e., through April 30 of the purchases under FPS. The DDC does not paid on time and in full over the Five- following year. In the last year of the apply to Pre-Subscription rates or Slice Year Forecast period (or equivalent rate period (FY 2006), the rebate would purchases, unless those customers financial criterion in the event that BPA expire on September 30, 2006. participate in the C&R Discount and a replaces its TPP Standard); and distribution is made to eligible Where the Five-Year Forecast is the 3. Determining How the Distribution is participants of that program. forecast of accrued revenues and Allocated The DDC does not apportion, or expenses, and the risk analysis and The first $15 million of the DDC establish criteria for apportioning, assessment of TPP or any replacement Amount, if the DDC Amount exceeds dividends to customers under the above financial criterion, for the current year $15 million, or the entire DDC Amount firm power rate schedules other than to and subsequent four years that the if it equals $15 million or less, will be qualifying power customers Administrator prepares and subjects to allocated to qualifying customers participating in the C&R Discount, or to public review and comment if the DDC participating in the Conservation and other customers and stakeholders. Threshold has been met. Renewables Discount Program (C&R
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Discount). The C&R Discount is a rate shall notify customers to which the DDC from BPA used more within-month mechanism designed to encourage applies of the decision on the proposal, factoring service than the underlying incremental conservation and renewable the final calculation of the DDC load would have used. The within-day resource development by BPA’s power Amount, the allocation of the DDC factoring test (see above) is not purchasers under PF, IP, RL, and NR Amount, and, if applicable, the resulting equipped to identify a factoring service rate schedules. See Conservation and level of the Power Customer DDC issue if, for example, the customer Renewables Discount GRSP, Section Percentage to be applied to each resource deliveries were zero for a II.A. applicable firm power rate schedule. particular day. The within-month BPA intends to conduct a separate factoring test is equipped to address that I. Excess Factoring Charges public consultation process by October type of instance. The within-month 1, 2001, to develop the criteria for 1. Excess Within-Day Factoring Charge factoring test establishes an upper and allocating any remaining DDC Amount The within-day factoring test lower boundary for each diurnal period (exceeding the $15 million for the C&R compares the hour-by-hour shape of the of the day. Excess within-month Discount) among customers and customer’s load to the customer’s hour- factoring for each diurnal period is the stakeholders. by-hour energy take from BPA within a greater of: (1) the sum of the amounts 4. Dividend Distribution Notification day. This test identifies whether or not greater than the upper boundary; or (2) Process the hour-by-hour shape of the the sum of the amounts less than the customer’s take from BPA has used lower boundary. BPA shall follow the following Excess Within-Month Factoring notification procedures: more within-day factoring service, measured in kilowatthours, than the Charge applies to that amount of energy a. Financial Performance Status Reports underlying load would have used. take that either exceeds or falls short of a range defined by: (1) a flat load By no later than August 31 of each Excess Within-Day Factoring Charge, for any hour(s) in the month, applies to placement on BPA; and (2) a load year, BPA shall post on its electronic placement that follows the customer’s information access site (World Wide that amount of hourly energy in excess of the authorized maximum energy actual load shape. Web) a forecast of AANR attributable to The Excess Within-Month Factoring amounts defined by the customer’s the generation function for the fiscal quantities are reduced by any within-day load shape. year ending September 30. By December Unauthorized Increase Energy amounts The total amount of Excess Within- 1 of each year, BPA shall post on its in the like diurnal period, and only the Day Factoring Charge during the HLH’s World Wide Web site the unaudited residual is charged the Excess Within- of the month shall be billed the greater AANR. Month Factoring Charge. of: The Excess Within-Month Factoring b. Notice of DDC Trigger a. Five (5) mills/kWh; during the HLH’s of the month shall be b. Among all HLH periods of the On or about January 15 in each of the billed the greater of: fiscal years 2002–2006, BPA will notify billing month, the maximum within-day a. Five (5) mills/kWh. all power customers and rate case difference between the highest hourly b. The highest peak DJ Mid-C Index parties if the AANR exceeds the DDC HLH California ISO Supplemental price for firm power during the month Threshold. (If the December unaudited Energy price (NP15) and the lowest LESS the lowest peak DJ Mid-C Firm AANR report for the generation function hourly HLH California ISO Index price for firm power during the indicated that the DDC Threshold might Supplemental Energy price (NP15). month. be exceeded, and the audited actuals The total amount of Excess Within- c. The highest average HLH California show that it was not exceeded, Day Factoring Charge during the LLH’s ISO Supplemental Energy price (NP15) customers will also be notified). of the month shall be billed the greater (average of hours 7 through 22, Notification will include the AANR for of: excluding Sundays) during the month the prior fiscal year, the DDC Amount, a. Five (5) mills/kWh; LESS the lowest average HLH California the calculation of the DDC Amount, and b. Among all LLH periods of the ISO Supplemental Energy price (NP15) the estimated resulting Power Customer billing month, the maximum within-day for the same period. DDC Percentage for each applicable rate difference between the highest hourly The Excess Within-Month Factoring schedule. The notice shall also describe LLH California ISO Supplemental during the LLH’s of the month shall be the data and assumptions relied upon Energy price (NP15) and the lowest billed the greater of: by BPA. Such data, assumptions, and hourly LLH California ISO a. Five (5) mills/kWh. documentation, if non-proprietary and/ Supplemental Energy price (NP15). b. The highest offpeak DJ Mid-C Index or non-privileged, shall be made In the event that the index for ISO price for firm power during the month available for review at BPA upon Supplemental Energy expires, that LESS the lowest offpeak DJ Mid-C Index request. The notice shall also contain index will be replaced for the purpose price for firm power; the tentative schedule for the remainder of deriving Excess Within-Day Factoring c. The highest average LLH California of the DDC implementation process. Charges by another hourly energy index, ISO Supplemental Energy price (NP15) (1) On or about March 1 of any of the such as the California PX (NW1 or NW (average of hours 1 through 6, and 23, fiscal years 2002–2006 in which the 3), at a hub at which Northwest parties and 24 Monday through Saturday; AANR exceeds the DDC Threshold, the can trade. average of hours 1 through 24 Sunday) Administrator will post the Five-Year during the month LESS the lowest 2. Excess Within-Month Factoring Forecast on BPA’s World Wide Web site average LLH California ISO Charges and will propose to distribute or not Supplemental Energy price (NP15) for distribute dividends. During March, The within-month factoring test the same month in the same time BPA will conduct a public review and compares the day-by-day shape of the period. comment process on the proposal. customer’s load to the customer’s day- In the event that the index for ISO (2) On or about April 15 of any of the to-day energy take from BPA within a Supplemental Energy or DJ Mid-C Index fiscal years 2002–2006 in which the month. This test identifies whether the expires, that index will be replaced for AANR exceeds the DDC Threshold, BPA day-to-day shape of the customer’s take the purpose of deriving Excess Within-
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Month Factoring Charges by another Equivalent Net Present Value M. Green Energy Premium hourly or diurnal energy index, such as Revenues: Forecasted revenues from a 1. Overview of the Premium the California PX (NW1 or NW3), at a Purchaser under the Flexible NR rate hub at which Northwest parties can option must be equivalent, on a net The Green Energy Premium (GEP) is trade. present value basis, to the revenues BPA a premium ranging from zero to $40/ would have received had the megawatthour (MWh) that a customer J. Flexible IP Rate Option elects to pay BPA to ensure that BPA is appropriate charges specified in the NR producing some system power from The Flexible IP rate option will be rate schedule Section II been applied to offered at BPA’s discretion to Environmentally Preferred Power (EPP) the same sales. purchasers who make a contractual resources. The GEP is the difference commitment to purchase under this The Flexible NR rate contract may between the customer’s applicable option for all five years of the rate establish a limit on the amount of power average annual energy charge under the period. The charges and billing factors purchased at the Flexible NR rate. In PF–02, RL–02, NR–02, and IP–02 rates under this option will be specified by this case, purchases beyond the and the total cost of the EPP resource BPA at the time the Administrator offers contractual limit will be billed at the selected by the customer. The GEP is to make power available to a Purchaser Demand and Energy (and Load Variance applied to the number of EPP MWhs under this option. The actual charges and SUMY, if appropriate) charges that the customer has elected to and billing factors will be mutually specified in the PF rate schedule purchase. BPA guarantees the customer agreed to by BPA and the Purchaser Section II, unless such power would be paying the premium that BPA will subject to satisfying the following charged as an Unauthorized Increase. produce an amount of EPP equal to the condition: The Flexible NR rate option is only amount of energy subject to this Equivalent Net Present Value adjustment. The GEP will be charged in available for development of an energy Revenues: Forecasted revenues from a a line item on the monthly power bill rate that is stepped up in FY 2005 and Purchaser under the Flexible IP rate of each participating. option must be equivalent, on a net 2006. The costs to be considered in present value basis, to the revenues BPA L. Flexible PF Rate Option determining the applicable GEP include, would have received had the but are not limited to: appropriate charges specified in the IP The Flexible PF rate option will be • Costs of existing EPP resources, rate schedule Section II been applied to offered at BPA’s discretion to over and above the cost of BPA system the same sales. purchasers who make a contractual resources. The Flexible IP rate contract may commitment to purchase under this • Costs of new EPP resources, over establish a limit on the amount of power option. The charges and billing factors and above the cost of BPA system purchased at the Flexible IP rate. In this under this option shall be specified by resources. • case, purchases beyond the contractual BPA at the time the Administrator offers Costs of BPA system resources. • limit will be billed at the Demand and to make power available to a Purchaser Endorsement fees for specific EPP Energy charges specified in the IP rate under this option. The customers resources. • Market purchases of EPP resources. schedule Section II unless such power purchasing under the Flexible PF rate • Transmission and other services would be charged as an Unauthorized option purchase the same set of power Increase. required to integrate EPP resources into products and services that they would the BPA system. Risk Adjustments: Credit risk otherwise purchase under the rate associated with individual customers schedule. The actual charges and billing 2. Calculation and Application of the will be a factor in establishing any factors will be mutually agreed to by Premium flexible rate option. Creditworthiness BPA and the Purchaser subject to a. Determination of the Premium will be determined by BPA consistent satisfying the following condition: with prevailing business standards, and For a customer buying power from applied consistently to each customer. Equivalent Net Present Value BPA under a requirements firm power Such credit risks will be dealt with Revenues: Forecasted revenues from a sales contract, the amount of EPP and through a ‘‘margin deposit,’’ expense Purchaser under the Flexible PF rate the premium will be determined as part charge, built into the rates, or other option must be equivalent, on a net of the product selection process and methods acceptable to BPA. present value basis, to the revenues BPA will be completed as part of the power would have received had the sales contract negotiation during the K. Flexible NR Rate Option appropriate charges specified in the PF Subscription window. The charge will The Flexible NR rate option will be rate schedule Section II been applied to not exceed $40 per MWh and may be as offered at BPA’s discretion to the same sales. low as zero. The premium will be zero purchasers who make a contractual The Flexible PF rate contract may if the unit cost of the GEP resource(s) commitment to purchase under this establish a limit on the amount of power dedicated to the customer is equal to, or option. The charges and billing factors purchased at the Flexible PF rate. In this less than, the energy charge of the under this option shall be specified by case, purchases beyond the contractual applicable rate. The premium will be BPA at the time the Administrator offers limit will be billed at the Demand and equal to the average unit cost of the GEP to make power available to a Purchaser Energy (and Load Variance, and SUMY resource(s) minus the applicable average under this option. The customers if appropriate) charges specified in the PF–02, RL–02, NR–02, and IP–02 energy purchasing under the Flexible NR rate charge. option purchase the same set of power PF rate schedule Section II, unless such products and services that they would power would be charged as an b. Determination of Individual Customer otherwise purchase under the rate Unauthorized Increase. GEP schedule. The actual charges and billing The Flexible PF rate option is only (1) During the Subscription window, factors will be mutually agreed to by available for development of an energy customers will be provided notice of the BPA and the Purchaser subject to rate that is stepped up in FY 2005 and availability of specific GEP products satisfying the following condition: 2006. and associated premiums. The total GEP
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For For eligible Purchasers as defined in Purchasers with service territories that (2) The average annual energy charge section 2 below, a discount shall be will be calculated as the average per include any areas outside the PNW, applied each billing month to BPA’s BPA shall compile data submitted by kilowatthour (kWh) charge for an charges for the following components of annual flat undelivered product using the Purchaser separately on the Priority Firm Power, New Resources Purchaser’s system in the PNW and on the energy charges applicable to the Firm Power and Residential Load Firm customer. Where customers are the Purchaser’s entire electric utility Power service: (1) Demand; (2) HLH inside and outside the PNW. BPA will purchasing under more than one rate purchases; (3) LLH purchases; and (4) schedule, the average energy charge will apply the eligibility criteria and Load Variance. The Low Density discount percentages to the Purchaser’s be calculated using expected loads and Discount (LDD) shall not be applied to applicable rate schedules. system within the PNW and, where Unauthorized Increase Charges, Excess applicable, also to its entire system (3) The individual customer GEP for Factoring Charges, transmission charges inside and outside the PNW. The billing will be the total cost of the or any other charges. The discount shall Purchaser’s eligibility for the LDD will product selected by the customer minus be revised annually based on data be determined by the lesser amount of the average annual energy charge. supplied by June 30 of each Calendar discount applicable to its PNW system c. Application of the GEP Year (CY) for the previous CY and shall or to its combined system inside and become effective on the upcoming outside the PNW. BPA, in its sole The GEP will be applied after BPA October 1. discretion, may waive the requirement has determined all other charges and a. The Kilowatthour/Investment Ratio to submit separate data for the credits except the Conservation and Purchaser with a small amount of its Renewables Discount line item, on the The kWh/Investment (K/I) ratio is system outside the PNW. Results of the participating customer’s power bill. calculated annually based on the data calculations shall not be rounded. supplied by June 30 for the previous CY. A Purchaser who has not provided d. Billing for the Premium The K/I ratio is calculated by dividing BPA with the requisite pieces of data the Purchaser’s Total Retail Load during needed to calculate the K/I and C/M The customer’s bill will include a line the CY by the value of the Purchaser’s ratios by June 30 of each year, for the item showing the kWh amount of EPP depreciated electric plant (excluding prior CY, shall be declared ineligible for purchased times the GEP for the generation plant) at the end of the CY. products elected and the total cost. The the LDD, effective the upcoming calculation will appear as: b. The Consumers/Mile of Line Ratio October 1. The Consumers/Mile of Line (C/M) If a Purchaser’s data was submitted on (EPP amount) kWh * GEP mills/kWh = time and a revision is necessary to the $XXXXX ratio is determined annually using the data supplied by June 30 for the data, the revised data must be N. Guaranteed Delivery Charge (NF previous CY. The C/M ratio is resubmitted no later than 12 months only) calculated by dividing the maximum after the original submission date to be number of consumers on the considered for an adjustment. A surcharge of 2.00 mills/kWh of distribution system, in any one month Billing Energy is applied whenever BPA 2. Eligibility Criteria during the CY, by the end of CY number guarantees delivery of nonfirm energy to of pole miles of distribution. To qualify for a discount, the a Purchaser under the NF Standard rate Consumer means every billed Purchaser must meet all five of the or Market Expansion rate. consumer regardless of usage. following eligibility criteria: O. Industrial Firm Power Targeted Separately billed services for water a. The Purchaser must serve as an Adjustment Charge (IPTAC) heating and security lights are not electric utility offering power for resale; counted as an additional billed b. The Purchaser must agree to pass 1. Availability consumer. the benefits of the discount through to the Purchaser’s eligible consumers The Industrial Firm Power Targeted The number of pole miles of within the region served by BPA; Adjustment Charge (IPTAC) pertains to distribution line means the end of CY the IP rate schedule. The IPTAC will be pole miles. Distribution lines are c. The Purchaser’s average retail rate applied to Firm Power requirements defined as lines that deliver electric for the reporting year must exceed the service of DSIs who take service from a energy from a substation or metering Purchaser’s average cost of BPA power combination of Federal inventory and point, at a voltage of 34.5 kilovolt or purchases under the applicable rate for power purchased from the market less, to the point of attachment to the the qualifying period by at least 10 during the 2002 rate period. consumer’s wiring and include primary, percent. For CY 2001, the Purchaser’s secondary, and service facilities. average cost of BPA power purchases The maximum total requirements (Service drops are considered service under the applicable rate shall be under service the IPTAC will be developed for, facilities.) the applicable 1996 rate for the first and applied to, is 1,440 aMW (flat, These calculations shall be based on nine months and under the applicable annual block). The total inventory used CY data provided from the Purchaser’s 2002 rate for the last three months. For to provide this requirement service will annual financial and operating reports. CY 2002 and beyond, the Purchaser’s be composed of 990 aMW from Federal The Purchaser shall certify that the data average cost of BPA power purchases inventory and 450 aMW of market submitted is correct and that no loads under the applicable rate shall be under purchases. gained as provided in section 6, Retail the applicable rate for all 12 months; There will be two rates for the IPTAC Access Exclusion, are receiving LDD d. The Purchaser’s K/I ratio must be product. 1210 aMW will be sold at benefits. less than 100; and $23.50 per MWh, and 230 aMW sold at In calculating these ratios, BPA shall e. The Purchaser’s C/M ratio must be $25 per MWh. compile the data submitted by the less than 12.
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3. Discounts 2001, in accordance with section 4 the Purchaser qualifies, based on the The Purchaser shall be awarded the below. The discount will be the sum of following Table C. The discount shall following discount beginning October 1, the two potential discounts for which not exceed 7 percent.
TABLE C.ÐLDD PERCENTAGE DISCOUNT TABLE
Applicable range for Applicable range for Percentage discount KWh/investment (K/I) consumers/mile (C/ ratio M) ratio
0.0 ...... 35.0 ≤ X 12.0 ≤ X 0.5 ...... 31.5 ≤ X < 35.0 10.8 ≤ X < 12.0 1.0 ...... 28.0 ≤ X < 31.5 9.6 ≤ X < 10.83 1.5 ...... 24.5 ≤ X < 28.0 8.4 ≤ X < 9.6 2.0 ...... 21.0 ≤ X < 24.5 7.2 ≤ X < 8.4 2.5 ...... 17.5 ≤ X < 21.0 6.0 ≤ X < 7.2 3.0 ...... 14.0 ≤ X < 17.5 4.8 ≤ X < 6.0 3.5 ...... 10.5 ≤ X < 14.0 3.6 ≤ X < 4.8 4.0 ...... 7.0 ≤ X < 10.5 2.4 ≤ X < 3.6 4.5 ...... 3.5 ≤ X < 7.0 1.2 ≤ X < 2.4 5.0 ...... X ≤ 3.5 X < 1.2
4. LDD Phase-Out Adjustment established by Federal, State, or local (and credits) and those expenses (and If the Purchaser satisfies the eligibility legislation, and that would not credits) forecasted in the 2002 rate case criteria (2. a. through e.), and the otherwise have been gained absent such (except for the Inventory Solution calculated discount differs from the legislation, is not eligible to receive the which is billed based on the estimate existing discount by more than one-half benefits provided by the LDD. The from the 2002 rate case). This true-up of 1 percent, the applicable discount Purchaser shall not pass the benefits of will be the True-Up Adjustment Charge will be: the LDD to its gained load consumers. and will be applied to the customer’s 1 May bill. In addition, an interim true-up a. The existing discount plus ⁄2 Q. Rate Melding percent if the calculated discount adjustment procedure to allow for an exceeds the existing discount; or BPA’s rate proposal allows the intermediate true-up prior to March 31, customers more than one rate choice. b. The existing discount minus 1⁄2 will be developed in the power sales percent if the calculated discount is less Separately tracking and administering contracts with the customers. the customer’s rate choices and than the existing discount. S. Stepped Up Multiyear Block (SUMY) The foregoing formula will be applied maintaining the distinction would each October 1 until the then-current increase BPA’s overall cost of providing The SUMY Block charge applies to calculated discount is fully phased out. rate choices. For administrative Block purchases if the annual amounts The Purchaser is not eligible to simplicity upon mutual agreement increase (i.e., step up) over multiple receive any discount, effective each between BPA and the customer, BPA years of a purchase commitment term October, if the Purchaser fails to meet may offer to meld the customer’s rate due to increases in customer net the eligibility criteria in section 2. a. choices into a single composite set of requirement which are not subject to a through e. rates that reflects the specific choices Targeted Adjustment Charge (TAC). made by the customer. BPA will ensure The cost for the SUMY Block service 5. Benefits Legislation Exclusion that this melded set of rates will result is the difference between PF–02 rates If the Federal government or a State, in a bill that is nearly mathematically and the AURORA On-and Off-Peak or local government adopt(s) a law, equivalent to applying the customer’s market price forecast in the final rate regulation or other provision that individual choices throughout the rate proposal. establishes benefits for low density and/ period. BPA will provide the affected The starting basis for computing the or rural electric systems that are similar customer the calculations it used to SUMY Block quantities will be the to benefits provided by BPA’s LDD, then establish the melded rates and provide purchaser’s subscribed block amount for the Purchaser’s service territory within 30 days for the customer to review and the period October 2001 through that jurisdiction shall no longer be accept the melding calculation before it September 2002. Costs will be eligible to receive the LDD. The effective implements the melded rates. Melded computed for 24 monthly blocks (12 date for discontinuation of the LDD and rates established by BPA will continue HLH and 12 LLH) for each year of the the Phase-Out Adjustment shall be the until one of the customer’s rate choices rate period. Each year’s monthly amount implementation date of the expires, or a rate adjustment occurs that above the base year’s monthly amount is jurisdiction’s benefits provision is provided for under the chosen rate the stepped up quantity. Total cost is legislation. BPA will evaluate new schedules (e.g., Cost Recovery the sum of each month’s HLH and LLH provisions and determine, in BPA’s Adjustment Clause), or a significant stepped up quantities times each judgment, whether they provide benefits change in the loads applicable to the month’s HLH and LLH costs. The SUMY charge is the total cost of similar to the LDD. If BPA concludes rates occurs. the SUMY Block service divided by the that the benefits are similar, BPA will R. Slice True-Up Adjustment total Block energy purchase including conduct a public comment process stepped up amounts. The charge is in before issuing a final decision. By March 31 of each year, BPA will calculate the final true-up for the addition to the PF and NR energy and 6. Retail Access Exclusion previous fiscal year based on the demand rates that the customer will pay Load that is gained by a Purchaser as difference between the Slice Revenue for these power purchases. a direct result of retail access rights Requirement’s audited actual expenses BILLING CODE 6450±01±P
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BILLING CODE 6450±01±C
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Formula for Calculating a Charge for The suitability and quality of the Where a public agency customer SUMY Block Service Supplemental Reserves will be annexes residential and small farm load Step 1: Determine HLH MWh of SUMY measured by whether they have certain previously served by an IOU and such Block. October 2002 HLH Block characteristics, some of which are load was receiving BPA power or minus October 2001 HLH Block = required and others optional. Any financial benefits through Subscription, HLH MWh of SUMY Block for Supplemental Reserves purchased by the public agency customer will receive October 2002 PBL must be consistent with NERC, through assignment the right to the Step 2: Determine LLH MWh of SUMY WSCC, and NWPP criteria: IOUs power and/or financial benefits Block. October 2002 LLH Block 1. The interruptible load must be applicable to the annexed load. BPA minus October 2001 LLH Block = offline within five minutes after a call will deliver the same amount of firm LLH MWh of SUMY Block for by BPA; power that was assigned by the IOU to October 2002 2. In the event of a system the annexing public agency customer at Step 3: Determine Cost of HLH SUMY disturbance, the interruptible load must the PF–02 rate. Power provided by BPA Block service. HLH MWh of SUMY be accessible prior to a request for to the public agency customer to meet Block * (Aurora October 2002 On- reserves from other NWPP parties; the remaining annexed load not covered Peak Market Price minus October 3. The interruptible load must be by the power assigned from the IOU will 2002 PF HLH energy and demand available to be offline for up to 60 be subject to the TAC. rate) = Total Cost of October 2002 minutes. The TAC will apply for the duration HLH SUMY Block service. In addition to these required of the Customer’s contract or until 2006, Step 4: Determine Cost of LLH SUMY characteristics, the issues identified whichever occurs first. For five-year Block service. LLH MWh of SUMY below will help define when PBL may contracts that guarantee rates for a Block * (Aurora October 2002 Off- pay the maximum value for multitude of periods (for example, Peak Market Price minus October Supplemental Reserves: contracts that have both three-year and 2002 PF LLH energy rate) = Total 1. The extent to which PBL has the five-year components) the TAC applies Cost of October 2002 LLH SUMY discretion when and how to use all until the end of the five-year rate period. Block service. operating reserves and to determine If a new public requests service, the Step 5: Determine Cost for all months of what resources to call on in the event of TAC, if any, must apply until 2006. the rate period by repeating Steps a system disturbance; If a PF Preference customer is serving 1–4 for each month of the 2. Whether there are limitations on a portion of its load with a certifiable remaining purchase period always the number of times or total minutes the renewable resource eligible for the C&R calculating the MWh difference reserves may be utilized. Discount, or contract purchases of certified renewable resource power from the first year and U. Targeted Adjustment Charge corresponding month. Calculate the eligible for the C&R Discount for a 1. Availability price difference using that year’s period less than the term of the and month’s market price and PF The Targeted Adjustment Charge customer’s BPA requirements firm rate. (TAC) pertains to the PF rate schedule, power contract, then the customer may Step 6: Custom Charge: Divide the Net except for PF exchange program and PF request, during the 2002 to 2006 rate Present Value (NPV) of the stream exchange Subscription rates. The TAC period, requirements firm power service of costs derived from Steps 1–5 by applies to firm power requirements for such load at the end of the specified the NPV of the total block purchase service to regional firm load that results contract period at PF Preference (PF–02) including SUMY Block in MWh for in an unanticipated increase in BPA’s without being subject to the TAC. This the five-year period. The NPV uses projected loads within the rate period. limited exception applies to the first 200 a 6.8 percent discount rate and is The TAC will be applied to the aMW in any contract year, or to present valued to October 2001. applicable rate for requirements service amounts that BPA specifies in Step 7: Billing Determinant: Custom requested after the Subscription accordance with its Policy on the charge is applied to each MWh of window closes. Determination of Net Requirements. block purchase including the TAC will also apply to subsequent 2. Energy Charge SUMY Block amounts. requests made by a customer under a Subscription contract for requirements The TAC is a monthly mills/kWh T. Supplemental Contingency Reserves service for such customer’s load(s) that adjustment to the HLH and LLH energy Adjustment (SCRA) had been previously served by that rates specified in the 2002 rate The energy charges stated in the IP– customer’s 5(b)(1)(A) or 5(b)(1)(B) schedule, and is applied to that portion 02 rate schedule will be adjusted to resources. of the Purchaser’s load that is subject to reflect the negotiated SCRA adjustment. If a public agency customer that the TAC. The TAC rate adjustment will PBL will negotiate with any DSI requests requirements service from BPA be established based on the following interested in providing Supplemental is annexing or otherwise taking on the formula: Contingency Reserves (Supplemental obligation of load from another public TAC = [(Incr $ * Incr Amt)—(Rate $ * Reserves). Supplemental Reserves refers agency customer and the request to Incr Amt)]/TAC Amt to generating capacity, and associated annex or take on load obligation and the Where: energy, fully available within 10 reduction in obligation are equal TAC Amt = The amount of load subject minutes notice of a system disturbance. amounts such that BPA’s total load to the TAC, determined monthly. PBL has established a flexible rate with obligation does not increase, BPA may Rate $ = The monthly PF energy rate a cap that will permit BPA to negotiate exempt the newly acquired load from shown in the applicable rate a price according to the quality of the TAC and apply PF–02. The TAC schedule. reserves provided. The maximum will apply if the annexed requirements Inventory Amt=Amount of energy in amount PBL may pay for Supplemental service has been previously served by inventory available to serve this load Reserves from a DSI is capped at $5.92/ that customer’s 5(b)(1)(A) or 5(b)(1)(B) based on average annual Federal kW-mo. resources. system firm resource capability,
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estimated using critical water month, day, or hour that exceeds the the core Subscription staple-on product excluding balancing purchases and amount of energy the purchaser is for Factoring Service. Factoring purchases for system augmentation, contractually entitled to take during that provides the service of distributing from the 2002 rate case with updates period shall be billed the greater of: Block energy to follow Purchaser hourly if BPA determines that is necessary. a. One hundred (100) mills/kWh; or load needs to the extent of such Block Incr $=Monthly cost to BPA, including b. For the month in question, the energy. a handling fee, of incremental power greater of: 4. Block Product With Shaping Capacity purchases expressed in mills/kWh. (1) the highest diurnal DJ Mid-C Index These costs also may include, where price for firm power; or The Block Product with Shaping applicable, wheeling, ancillary, and (2) the highest hourly ISO California Capacity is a combination of the Block other charges BPA may incur in Supplemental Energy price (NP15). HLH energy product and the core purchasing power from other entities In the event that either the ISO Subscription staple-on product for such as, but not limited to, the California Supplemental Energy price Shaping capacity. Shaping capacity California ISO or the California PX. index or the DJ Mid-C Index expires, the allows the customer to preschedule Incr Amt=Amount of incremental power index will be replaced for purposes of Block energy with some limited shape required, determined monthly and the Unauthorized Increase Charge for among HLHs within a contractually defined as the TAC Amt minus the energy by: specified bandwidth. Inventory Amt. (If there is no (1) The highest price experienced for 5. Construction, Test and Start-Up, and available Inventory Amt, the Incr Amt the month at the California PX, NW1 Station Service will equal the TAC Amt). (COB); Incr $ is greater than Rate $ (If Incr $ (2) The highest price experienced for Power for the purpose of is less than Rate $, the TAC is 0 mills/ the month at the California PX, NW3 Construction, Test and Start-Up, and kWh). (NOB); or Station Service for a generating resource or transmission facility shall be made TAC is the monthly rate adjustment in (3) The highest price experienced for available to eligible purchasers under mills/kWh. BPA will calculate the cost the month from any applicable new the Priority Firm Power (PF–02), New (Incr $) per month in mills/kWh of the hourly or diurnal energy index at a hub Resources Firm Power (NR–02), and additional power per month (Incr Amt) at which Northwest parties can trade, Firm Power Products and Services for a specific customer request. BPA established between October 1, 2001, (FPS–96), rate schedules. Such power is will establish the cost of the additional and September 30, 2006. not available for the PF Exchange power by the following methods: Section III. Definitions • BPA will establish the price based Program rate, the PF Exchange on BPA’s monthly cost to purchase the A. Power Products and Services Offered Subscription rate, and the Residential incremental load by purchases of By the Power Business Line of BPA Load rate. Construction, Test and Start-Up, and resources at market. 1. Actual Partial Service Product— Station Service power must be used in V. Unauthorized Increase Charge Simple/Complex the manner specified below: 1. Charge for Unauthorized Increase in The Actual Partial Service Products a. Power sold for construction is to be Demand are core Subscription products that are used in the construction of the project. available to purchasers who have a right b. Power sold for test and start-up The amount of Measured Demand may be used prior to commercial during a billing hour that exceeds the to purchase from BPA for their requirements. These products are operation, both to bring the project amount of demand the purchaser is online and to ensure that the project is contractually entitled to take during that intended for customers who have contractual or generating resources with working properly. hour shall be billed at the greater of: c. Power sold for station service may firm capabilities and therefore require a a. Three (3) times the applicable be purchased at any time following product other than Full Service. The monthly demand charge; commercial operation of the project. Simple and Complex versions of this b. The sum of hourly California ISO Once the project has been energized for Spinning Reserve Capacity prices for all product category differ in that the commercial operation, the Purchaser HLHs in the month, at path NW1 (COB); Complex version is subject to the may use station service power for start- or Factoring Benchmark tests in the billing up, shutdown, normal operations, and c. The sum of hourly California ISO process and to potential Excess operations during a shutdown period. Spinning Reserve Capacity prices for all Factoring Charges. The Simple version d. Power sold for Construction, Test HLHs in the month, at path NW3 (NOB). encompasses several possible and Start-Up, and Station Service is not In the event that the hourly California approaches to customer resource available for replacement of lost ISO Spinning Reserve Capacity market declaration, all of which obviate the generation for forced or planned outages expires, the Unauthorized Increase need for the Factoring Benchmark tests. or resource underperformance. Charge for demand shall be the greater 2. Block Product of: 6. Core Subscription Products a. Three (3) times the applicable The Block Product is a core BPA’s Core Subscription Products are monthly demand charge; Subscription product that is available to described in the BPA Product Catalog. b. The sum of hourly or diurnal prices purchasers who have a right to purchase Core Subscription Products are available for all HLHs in the month, at a hub at from BPA for their requirements. This at the posted rates for customers who which Northwest parties can trade, product is available in HLH and LLH have a right to purchase them. established between October 1, 2001, quantities per month, with the hourly The core products are: and September 30, 2006. amount flat for all hours in such • Actual Partial Service Product— periods. 2. Charge for Unauthorized Increase in Simple/Complex • Block Product Energy 3. Block Product with Factoring • Block Product with Factoring The amount of Measured Energy The Block Product with Factoring is • Block Product with Shaping during a diurnal period of a billing a combination of the Block Product with Capacity
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• Full Service Product except for reasons of certain intervention. Regulation and frequency uncontrollable forces and force majeure response is required to provide AGC 7. Customer System Peak (CSP) events. New Resource Firm Power is response to load and generation Customer System Peak (CSP) is the power where BPA agrees to provide fluctuations in an effective manner and largest measured HLH Total Retail Load operating reserves in accordance with to maintain desired compliance with (TRL) amount in kilowatts for the billing the standards established by the NERC, NERC AGC Control Performance period. WSCC, and the NWPP. 15. Residential Exchange Program 8. Full Service Product 12. Nonfirm Energy Power Full Service is a core Subscription Nonfirm Energy is energy that is Residential Exchange Program Power product that is available to purchasers supplied or made available by BPA to a is power BPA sells to a Purchaser who have a right to purchase from BPA Purchaser under an arrangement that pursuant to the Residential Exchange for their requirements. This product is does not have the guaranteed Program. Under section 5(c) of the available to customers who either have continuous availability feature of Firm Northwest Power Act, BPA ‘‘purchases’’ no resources or whose resources meet Power. Nonfirm energy is sold primarily power from PNW utilities at a utility’s the criteria for small, non-dispatchable under the Nonfirm Energy rate Average System Cost (ASC). BPA then resources. schedule, NF–02. Nonfirm energy also offers, in exchange, to ‘‘sell’’ an may be supplied under the NF–02 rate 9. Industrial Firm Power equivalent amount of electric power to schedule to the Western Systems Power that customer at BPA’s PF rate Industrial Firm Power is electric Pool (WSPP) subject to terms and applicable to exchanging utilities. The power that BPA will make continuously conditions agreed upon by the members amount of power purchased and sold is available to a direct-service industrial participating in the WSPP and in equal to the utility’s eligible residential (DSI) purchaser subject to the terms of accordance with BPA policy for such and small farm load. Benefits must be the Purchaser’s power sales contract arrangements. Nonfirm Energy that has passed directly to the utility’s with BPA. Deliveries may be reduced or been purchased under a guarantee residential and small farm customers. interrupted as permitted by the terms of provision in the Nonfirm Energy rate the Purchaser’s power sales contract schedule shall be provided to the 16. Slice Product with BPA. Adjustments as provided in Purchaser in accordance with the The Slice product is a power sale the Purchaser’s power sales contract provisions of that schedule and the based upon an eligible customer’s shall be made for power restricted to power sales contract if applicable. BPA annual net firm requirements load and provide reserves. may make Nonfirm Energy available to is shaped to BPA’s generation from the Federal system resources over the year. 10. Load Variance purchasers both inside and outside the United States. Slice purchasers are entitled to a fixed For core Subscription products, Load percentage of the energy generated by Variance is defined as the variability in 13. Priority Firm Power the FCRPS. The Slice purchaser’s monthly energy consumption within the Priority Firm Power is electric power percentage entitlements are set by BPA customer’s system. Through the (capacity, energy, or capacity and contract. The Slice product includes Load Variance charge under the Full energy) that BPA will make both service to net requirements firm and Actual Partial Service Products, the continuously available for direct load as well as an advance sale of customer’s billing factors will follow consumption or resale by public bodies, surplus power. actual consumption. Load Variance is cooperatives, and Federal agencies. not applicable to Block Product Utilities participating in the Residential B. Definition of Rate Schedule Terms purchases. For purposes of pricing and Exchange under section 5(c) of the 1. 2002 Contract rate tests under Pre-Subscription Northwest Power Act may purchase A 2002 contract is a contract for contracts, the Load Variance charge is Priority Firm Power pursuant to their service in the FY 2002 through 2006 rate deemed to correspond to the PF–96 Residential Exchange contracts with period that is signed after January 1, Load Shaping charge. BPA. Priority Firm Power is not 1999. available to serve NLSLs. Deliveries of 11. New Resource Firm Power Priority Firm Power may be reduced or 2. Annual Billing Cycle New Resource Firm Power is electric interrupted as permitted by the terms of The Annual Billing Cycle is the 12 power (capacity, energy, or capacity and the Purchaser’s power sales contract months beginning with the customer’s energy) that BPA will make with BPA. first monthly power bill for deliveries in continuously available: Priority Firm Power is guaranteed to the first billing month starting on or a. For any New Large Single Load be continuously available to the after October 1. (NLSL); and Purchaser during the period covered by b. For Firm Power purchased by IOUs its contractual commitment, except for 3. Billing Demand pursuant to power sales contracts with reasons of certain uncontrollable forces The Purchaser’s Billing Demand is the BPA. and force majeure events. Priority Firm amount of capacity to which the New Resource Firm Power is to be Power is power where BPA agrees to demand charge specified in the rate used to meet the Purchaser’s firm power provide operating reserves in schedule is applied. When the rate load within the PNW. Deliveries of New accordance with the standards schedule includes charges for several Resource Firm Power may be reduced or established by the NERC, WSCC, and products, there may be a Billing interrupted as permitted by the terms of NWPP. Demand quantity for each product. The the Purchaser’s power sales contract calculation of Billing Demand is 14. Regulation and Frequency Response with BPA. described in the customer’s contract. New Resource Firm Power is Regulation and frequency response is guaranteed to be continuously available the generating capacity of a power 4. Billing Energy to the Purchaser during the period system that is immediately responsive The Purchaser’s Billing Energy is the covered by its contractual commitment, to AGC control signals without human amount of energy to which the energy
VerDate 18-JUN-99 19:29 Aug 12, 1999 Jkt 183247 PO 00000 Frm 00039 Fmt 4701 Sfmt 4703 E:\FR\FM\13AUN3.XXX pfrm03 PsN: 13AUN3 44356 Federal Register / Vol. 64, No. 156 / Friday, August 13, 1999 / Notices charge specified in the rate schedule is agrees to make available, subject to any 17. Electric Power applied. When the rate schedule limitations included in the applicable Electric Power is electric peaking includes charges for several products, contract between BPA and the capacity (kilowatts) and/or electric there may be a Billing Energy quantity Purchaser. energy (kilowatthours). for each product. Billing Energy is 11. Control Area divided into HLH and LLH for this rate 18. Energy Entitlement period. A Control Area is the electrical (not For purchases made under contracts 5. California Independent System necessarily geographical) area within for core Subscription products, HLH Operator (California ISO) which a controlling utility operating and LLH Energy Entitlement is the sum under all NERC standards has the in kilowatthours of amounts for HLH The FERC regulated control area responsibility to adjust its generation on and LLH energy respectively, that the operator of the ISO transmission grid. Its an instantaneous basis to match internal purchaser is entitled to receive from responsibilities include providing non- load and power flow across interchange BPA as specified in the contract. discriminatory access to the boundaries to other Control Areas. transmission grid, managing congestion, 19. Federal System maintaining the reliability and security 12. Decremental Cost The Federal System is the generating of the grid, and providing billing and Unless otherwise specified in a facilities of the FCRPS, including the settlement services. The ISO has no Federal generating facilities for which affiliation with any market participant. contractual arrangement, Decremental Cost as applied to Nonfirm Energy BPA is designated as marketing agent; 6. California ISO Spinning Reserve transactions is defined as: the Federal facilities under the Capacity jurisdiction of BPA; and any other a. All identifiable costs (expressed in facilities: The portion of unloaded mills/kWh) associated with the use of a a. From which BPA receives all or a synchronized generating capacity, displaceable thermal resource or end- portion of the generating capability controlled by the California ISO, which use load with alternate fuel source to (other than station service) for use in is capable of being loaded in 10 serve a purchaser’s load that the meeting BPA’s loads to the extent BPA minutes, and which is capable of purchaser is able to avoid by purchasing has the right to receive such capability. running for at least two hours. power from BPA, rather than generating ‘‘BPA’s loads’’ do not include any of the the power itself or using an alternate 7. California ISO Supplemental Energy loads of any BPA customer that are fuel source; or served by a non-Federal generating Energy from generating units and b. All identifiable costs (expressed in resource purchased or owned directly other resources which have mills/kWh) to serve the load of a by such customer which may be uncommitted capacity following displaceable purchase of energy that the scheduled by BPA; finalization of the hour-ahead schedules purchaser is able to avoid by choosing b. Which BPA may use under contract and for which scheduling coordinators not to make the alternate energy or license; or have submitted bids to the California purchase. c. To the extent of the rights acquired ISO at least 30 minutes before the by BPA pursuant to the 1961 U.S.- All identifiable costs as used in the commencement of the settlement Canada Treaty relating to the above definition may be reduced to period. cooperative development of water reflect costs of purchasing BPA energy resources of the Columbia River Basin. 8. California Power Exchange (California such as transmission costs, losses, or PX) loopflow constraints that are agreed to 20. Firm Power (PF–02, IP–02, NR–02, An independent agency responsible by BPA and the Purchaser. RL–02) for conducting an auction for the 13. Delivering Party Firm Power is electric power generators seeking to sell energy and for (capacity and energy) that BPA will loads which are not otherwise being The entity supplying the capacity make continuously available under served by bilateral contracts. The and/or energy to be transmitted at contracts executed pursuant to Section California PX is responsible for Point(s) of Interconnection. 5 of the Northwest Power Act. scheduling generation in its scheduling (e.g., day-ahead) markets, for 14. Demand Entitlement 21. Full Service Customer determining hourly market clearing For purchases made under contracts A Full Service customer is one who prices for its market, and for settlement for core Subscription products, Demand is purchasing power from BPA through and billing for suppliers and Utility Entitlement is the largest HLH amount the Full Service Product. Distribution Company’s (UDC) using its of power in kilowatts that the purchaser 22. Generation System Peak market. is entitled to receive from BPA during The Generation System Peak is the 9. Contract Demand the billing period as specified in the contract. hour of the largest HLH output of the The Contract Demand is the Federal System that occurs during the maximum number of kilowatts that the 15. Discount Period customer’s billing period. Purchaser agrees to purchase and BPA 23. Heavy Load Hours (HLH) agrees to make available, subject to any The end of the rate period or the limitations included in the applicable customer’s contract term, whichever Heavy Load Hours (HLH) are all those contract between BPA and the comes first. hours in the peak period hour ending 7 Purchaser. 16. Dow Jones Mid-C Indexes (DJ Mid- a.m. to the hour ending 10 p.m., C Indexes) Monday through Saturday, Pacific 10. Contract Energy Prevailing Time (Pacific Standard Time Contract Energy is the maximum Peak and offpeak price indexes for or Pacific Daylight Time, as applicable). number of kilowatthours that the sale of firm and nonfirm power traded There are no exceptions to this Purchaser agrees to purchase and BPA at the Mid-Columbia Bus. definition; that is, it does not matter
VerDate 18-JUN-99 19:29 Aug 12, 1999 Jkt 183247 PO 00000 Frm 00040 Fmt 4701 Sfmt 4703 E:\FR\FM\13AUN3.XXX pfrm03 PsN: 13AUN3 Federal Register / Vol. 64, No. 156 / Friday, August 13, 1999 / Notices 44357 whether the day is a normal working Purchaser during a particular diurnal 31. Monthly Federal System Peak Load day or a holiday. period (HLH or LLH) in a billing period. Monthly Federal System Peak Load is If more than one class of power is 24. Inventory Solution Costs the peak load on the Federal System delivered to any point of delivery, the during a customer’s billing month, Costs associated with BPA’s potential portion of the measured quantities determined by the largest hourly actions to supplement the capability of assigned to any class of power shall be integrated demand produced from the Federal System Resources, as a as specified by contract. Any delivery of system generating plants in BPA’s result of BPA’s Subscription process. It Federal power not assigned to classes of control area and scheduled imports for is currently not known whether an power delivered under other agreements BPA’s account from other control areas. Inventory Solution will be necessary, or shall be included in the Measured what form the Inventory Solution will Energy for PF, NR, or IP power as 32. NP15 take. applicable. The portion of the total The portion of the California ISO’s 25. Light Load Hours (LLH) Measured Energy so assigned shall control area north of transmission path constitute the Measured Energy for each 15. Light Load Hours (LLH) are all those such class of power. Any residual 33. NW1 (California-Oregon Border) hours in the offpeak period hour ending quantity, after determination of the 11 p.m. to the hour ending 6 a.m., Purchaser’s contractual entitlement at a California PX and California ISO Monday through Saturday and all hours particular rate, is considered designation for delivery at COB (Captain Sunday, Pacific Prevailing Time (Pacific ‘‘unauthorized.’’ Unauthorized increases Jack/Malin). Standard Time or Pacific Daylight Time, are billed in accordance with the 34. NW3 (Nevada-Oregon Border) as applicable). provisions of these GRSPs. California PX and California ISO 26. Measured Demand 28. Metered Demand designation for delivery at NOB. The Purchaser’s Measured Demand is that portion of its Metered or Scheduled The Metered Demand in kilowatts 35. Partial Service Customer Demand provided by BPA to the shall be the largest of the 60-minute A Partial Service customer is any Purchaser. If more than one class of clock-hour Integrated Demands at which customer that is not a Full Service power is delivered to any point of electric energy is delivered to a customer. purchaser: delivery, the portion of the measured 36. Point of Delivery (POD) quantities assigned to any class of a. At each point of delivery for which power shall be as specified by contract. the Metered Demand is the basis for A Point of Delivery is the contractual Any delivery of Federal power not determination of the Measured Demand; interconnection point where power is delivered to the customer. Typically, a assigned to classes of power delivered b. During each time period specified point of delivery is located at a under other agreements shall be in the applicable rate schedule; and included in the Measured Demand for substation site, but it could be located c. During any billing period. PF, NR, or IP power as applicable. The at the change of ownership point on a portion of the total Measured Demand Such largest Integrated Demand shall transmission line. so assigned shall constitute the be determined from measurements 37. Point of Integration (POI) Measured Demand for each such class of made in accordance with the provisions A Point of Integration is the power. Any residual quantity, after of the applicable contract and these contractual interconnection point where determination of the Purchaser’s GRSPs. This amount shall be adjusted as power is received from the customer. contractual entitlement at a particular provided herein and in the applicable Typically a point of integration is rate, is considered ‘‘unauthorized.’’ agreement between BPA and the located at a resource site, but it could be Unauthorized increases are billed in Purchaser. located at some other interconnection accordance with the provisions of these 29. Metered Energy point to receive system power from the GRSPs. customer. In determining Measured Demand for The Metered Energy for a purchaser any Purchaser who experiences an shall be the number of kilowatthours 38. Point of Interconnection (POI) outage as defined pursuant to the that are recorded on the appropriate A Point of Interconnection is a point Purchaser’s agreement with BPA, BPA metering equipment, adjusted as where the facilities of two entities are shall adjust any abnormal Integrated specified in the applicable agreement interconnected. Demand due to, or resulting from: and delivered to a Purchaser: 39. Points of Metering (POM) a. Emergencies or breakdowns on, or a. At all points of delivery for which maintenance of, the Federal System metered energy is the basis for The Points of Metering (POM) shall be Facilities; and determination of the Measured Energy; those points specified in the contract at b. Emergencies on the Purchaser’s and which TRL and Metered Amounts are facilities to the extent BPA determines measured. that such facilities have been adequately b. during any billing period. 40. Pre-Subscription Contract maintained and prudently operated. 30. Mid-Columbia Bus (Mid-C Bus) BPA will follow its billing process in A contract for service in the FY 2002 establishing the Billing Demand should The switchyards associated with five through 2006 rate period that was an outage cause an unusual Billing non-Federal hydroelectric projects, signed prior to January 1, 1999, is a Pre- Demand quantity. BPA will not give including Rocky Reach, Priest Rapids, Subscription Contract. outage credits for demand. Wanapum, Douglas, and McKenzie. The following Federal switchyards which 41. Purchaser 27. Measured Energy are operated by BPA and interconnected Pursuant to the terms of an agreement The Purchaser’s Measured Energy is with the non-Federal switchyards are and applicable rate schedule(s), a that portion of its Metered or Scheduled also included: Valhalla, Columbia, Purchaser contracts to pay BPA for Energy that is provided by BPA to the Midway, Sickler, and Vantage. providing a product or service.
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42. Receiving Party Scheduled Demand is deemed PBL revenue requirement as identified delivered for the purpose of determining in all of the PBL’s rate cases that are The entity receiving the capacity and/ Billing Demand. effective during the term of the Slice or energy transmitted by BPA to a Purchaser’s contract except for the Point(s) of Delivery. 45. Scheduled Energy following items: (1) transmission costs 43. Retail Access For purposes of applying the rates (other than those associated with the herein to applicable purchases by the fulfillment of System Obligations); (2) Retail Access is nondiscriminatory Purchaser, Scheduled Energy in power purchase costs (with the retail distribution access mandated kilowatthours shall be the sum of the exception of those net costs incurred as either by Federal or State law which hourly demands at which electric grants retail electric power consumers energy is scheduled by BPA for delivery part of the ‘‘Inventory Solution’’); and the right to choose their electricity to a purchaser: (3) planned net revenues for risk. supplier. a. For each system for which See Table E for Slice Product Costing Scheduled Energy is the basis for 44. Scheduled Demand Table. determination of the Measured Energy; For purposes of applying the rates and 48. Subscription b. During any billing period. herein to applicable purchases by the Subscription refers to the Power Scheduled Energy is deemed Purchaser, the Scheduled Demand in Subscription Strategy issued by BPA on kilowatts is the largest of the hourly delivered for the purpose of determining December 21, 1998, which is BPA’s demands at which electric energy is Billing Energy. policy power sales beginning FY 2002. scheduled by BPA for delivery to a 46. Slice Administrative Costs purchaser: 49. Subscription Contract All overhead costs incurred by BPA a. To each system for which that are attributable to the Scheduled Demand is the basis for See 2002 Contract. implementation of the Slice product. determination of the Measured Demand; 50. System Obligations b. During each time period specified 47. Slice Revenue Requirement in the applicable rate schedule; and The Slice Revenue Requirement is BILLING CODE 6450±01±P c. During any billing period. comprised of all the line items in BPA’s
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BILLING CODE 6450±01±C
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System Obligations include, but are 2. Energy Charge Where the California PX basis is not limited to, the transmission costs The TACUL is a monthly mills/kWh adjusted to DJ Mid C associated with the return of the adjustment to the HLH and LLH energy Where: Canadian Entitlement, and transactions rates specified in the 1996 rate DJ Mid C = Dow Jones Firm On-peak related to the Pacific Northwest schedule, and is applied to that portion (HLH) and Firm Off-peak (LLH) Mid- Coordination Agreement, Mid-Columbia of the customer’s load that is subject to Columbia Electricity Price Index Hourly Coordination, and the Canadian the TACUL. The TACUL rate California PX = California Power Non-Treaty Storage Agreement. adjustment will be established based on Exchange Day-Ahead Zonal Prices 51. Total Plant Load the following formula: (Constrained)—the average of NW1 (Captain Jack/Malin—COB) and NW3 Total Plant Load means a DSI TACUL = [(Incr $ * Incr Amt)¥(Rate $ * Incr Amt)]/TACUL Amt (NOB) for HLH and LLH customer’s total electrical energy load at NYMEX Mid C = the New York Where: facilities eligible for BPA service during Mercantile Exchange Futures any given time period whether the TACUL Amt = The amount of load Electricity Closing Price at Mid-C for customer has chosen to serve its load subject to the TACUL, determined the applicable month monthly. with BPA power or non-Federal power. California PX prices will be adjusted for Rate $ = The monthly PF energy rate basis difference between COB/NOB and 52. Total Retail Load (TRL) shown in the applicable rate the Mid-C using the IS/PTP Rates Total Retail Load is all electric power schedule. contained in BPA’s 1996 Transmission consumption including distribution Inventory Amt = Amount of energy Rate Schedules. system losses, within a utility’s available to serve this load based on distribution system as measured at an annual energy Federal system firm Issued in Portland, Oregon, on July 30, metering points, adjusted for unmetered resource capability as defined in the 1999. loads or generation. No distinction is Loads and Resources Study, and Jack Robertson, made between load that is served with updated if BPA determines that is Deputy Administrator. BPA power and load that is served with necessary. [FR Doc. 99–20805 Filed 8–12–99; 8:45 am] power from other sources. For DSIs, Incr $ = Monthly cost to BPA, plus a BILLING CODE 6450±01±P Total Retail Load is called Total Plant handling fee, of incremental power for Load. HLH and LLH expressed in mills/kWh (see below). These costs also may DEPARTMENT OF ENERGY 53. Utility Distribution Company include where applicable, wheeling, A company that owns and maintains ancillary, and other charges BPA may Bonneville Power Administration incur in purchasing power from other the distribution facilities used to serve Proposed Correction of Errors in the entities such as, but not limited to, the end-use customers. Firm Power Products and Services California ISO or the California PX. BPA’s New 1996 General Rate Schedule Incr Amt = Amount of incremental Rate Schedule (FPS±96): Clarifying the Provisions for Power Rates power required, determined monthly Applicability of the FPS±96 Contract and defined as the TACUL Amt minus Rate to Certain Capacity With Energy A. Targeted Adjustment Charge for Return Contracts, Public Hearing, and Uncommitted Loads the Inventory Amt. (If there is no available Inventory Amt, the Incr Amt Opportunity for Public Review and 1. Availability will equal the TACUL Amt). Comment The Targeted Adjustment Charge for Incr $ is greater than Rate $ (If Incr $ AGENCY: Bonneville Power Uncommitted Loads (TACUL) pertains is less than Rate $, the TACUL is 0 Administration (BPA), Department of to the PF rate schedule. The TACUL mills/kWh). Energy (DOE). applies after December 7, 2000, to TACUL is the monthly rate ACTION: Notice of Proposed Correction of purchases to serve customer loads that adjustment in mills/kWh. BPA will Errors in the Firm Power Products and were uncommitted during the 1996 rate calculate the cost (Incr $) per month in Services Rate Schedule (FPS–96): case which are returned to BPA firm mills/kWh of the additional power per Clarifying the Applicability of the FPS– power requirements service during a month (Incr Amt) for a specific 96 Contract Rate to Certain Capacity period prior to FY 2002. Customers Customer request. BPA will establish With Energy Return Contracts. subject to the TACUL are those that the cost of the additional power by the reduced their purchases from BPA by following methods: SUMMARY: BPA unbundled its wholesale adding firm resources to serve load a. BPA will establish the price based power and transmission products in its under: (1) 1981 power sales contracts on BPA’s monthly cost to purchase the 1996 rate case. Pursuant to this that expire on or before July 31, 2001, incremental load by purchases of unbundling, several of BPA’s wholesale as may be amended; (2) Amendatory resources at market, or the monthly cost power rate schedules included separate Agreement No. 7 (AA7) to the 1981 of BPA recallable power contracts, rates for sales of firm capacity with power sales contracts, or new ‘‘1996’’ averaged, whichever is less. energy returns (commonly referred to as power sales contracts where the b. A price plus handling fee capacity without energy). Although customer provides BPA notice after calculated based on the following index. clarifying language was mistakenly December 7, 1998, consistent with the BPA will calculate the price per omitted from the FPS–96 rate schedule, terms of the customer’s power sales month for HLH and LLH, based on an the record established that it was BPA’s contract, for requirements service for the index calculated according to the intent that the firm capacity with energy period prior to FY 2002. This charge following: returns product would be sold at a will be in effect through September 30, Price of HLH = 1⁄3 HLH (DJ Mid C) + 1⁄3 negotiated price. 2001. HLH (California PX) + 1⁄3 (NYMEX Certain BPA contracts executed prior This rate schedule amends the PF–96 Mid C) to October 1, 1996, provide that BPA rate schedule, which went into effect Price of LLH = 1⁄2 LLH (DJ Mid C) + 1⁄2 supply capacity without energy at the October 1, 1996. LLH (PX) demand charge in the Contract Rate of
VerDate 18-JUN-99 19:29 Aug 12, 1999 Jkt 183247 PO 00000 Frm 00045 Fmt 4701 Sfmt 4703 E:\FR\FM\13AUN3.XXX pfrm03 PsN: 13AUN3 44362 Federal Register / Vol. 64, No. 156 / Friday, August 13, 1999 / Notices the then applicable surplus firm power (including irrigation costs required to be B. Background rate schedule. BPA erred in the FPS–96 repaid out of power revenues) over a reasonable period of years and the other costs On July 17, 1995, BPA filed a notice rate schedule when it failed to expressly in the Federal Register proposing new state in that schedule that the capacity and expenses incurred by the Administrator pursuant to this Act and other provisions of wholesale power and transmission rates without energy product would be priced law. to be effective on October 1, 1996, at a negotiated rate. The demand charge including the FPS–96 rate schedule. in the Contract Rate section of FPS–96 Rates established by BPA are effective BPA’s initial rate proposal was filed on was priced to be sold only in on an interim or final basis when July 10, 1995, and was supported by conjunction with the purchase of the approved by FERC. 16 U.S.C. 839e(a)(2). written testimony and studies. Parties to separate energy product in that section. In addition to the Northwest Power Act, the proceeding filed their rebuttal to This action is intended to correct those BPA ratemaking is governed by the BPA’s direct case and their own direct errors. Bonneville Project Act, 16 U.S.C. testimony on September 8, 1995. On DATES: The prehearing conference will Section 832 et seq., the Federal December 8, 1995, litigants filed rebuttal be held on August 24, 1999, from 1:00 Columbia River Transmission System to the parties’ direct cases. BPA also p.m. to 4:00 p.m., Room 223, 911 N.E. Act, 16 U.S.C. Section 838 et seq., and filed a supplemental rate proposal on 11th, Portland, Oregon. Written the Flood Control Act of 1944, 16 U.S.C. December 8, 1995, which consisted of comments by participants must be 825s. written testimony and studies. received by October 13, 1999, to be Section 7(i) of the Northwest Power Parties filed their direct cases in considered in the Record of Decision Act, 16 U.S.C. 839e(i), requires that response to BPA’s supplemental rate (ROD). BPA’s rates be set according to certain proposal on January 26, 1996. ADDRESSES: BPA’s initial rate proposal procedures. These procedures include Testimony responding to the parties’ in this proceeding will be available for issuance of a Federal Register notice supplemental cases was filed on examination on August 24, 1999 at announcing the proposed rates; one or February 12, 1996. Rebuttal testimony BPA’s Public Information Center, BPA more hearings; the opportunity to was filed by all litigants on February 14, Headquarters Building, 1st Floor, 905 submit written views, supporting 1996. Cross-examination began on N.E. 11th, Portland, Oregon. Written information, questions, or arguments; February 20, 1996. Parties submitted comments should be submitted to Mr. and a decision by the Administrator initial briefs on April 22, 1996. Oral Michael Hansen, Public Involvement based on the record developed during argument before the BPA Administrator and Information Specialist; Bonneville the hearing process. This proceeding and Deputy Administrator was held on Power Administration; P.O. Box 12999; will be governed by BPA’s ‘‘Procedures April 30, 1996. A Draft ROD was Portland, Oregon 97212. The prehearing Governing Bonneville Power published and distributed to parties on conference will be held on August 24, Administration Rate Hearings,’’ 51 FR May 4, 1996. Parties filed briefs on 1999, from 1:00 p.m. to 4:00 p.m., Room 7611 (March 5, 1986), which implement exceptions on May 30, 1996. BPA 223, 911 N.E. 11th, Portland, Oregon. To and, in most instances, expand these published its Final ROD on June 17, request documents in this proceeding by statutory requirements. 1996. telephone, call BPA’s document request Pursuant to section 1010.3(c) of the BPA filed its proposed rates, line: (503) 230–4328 or call toll-free 1– Procedures Governing Bonneville Power including the FPS–96 schedule, with 800–622–4519. Please request the Administration Rate Hearings (BPA FERC on July 26, 1996. On September document by its listed title. BPA’s Procedures), this hearing will be 25, 1996, FERC granted interim initial proposal for FPS–96R will also be conducted under Rule 1010.10, which approval of the proposed rates effective available on BPA’s website at governs Expedited Rate Proceedings. October 1, 1996. United States Dept. of www.bpa.gov/power/ratecase. The expedited procedures will be used Energy-Bonneville Power Responsible Official: Ms. Diane rather than the procedures for General Administration, 76 FERC ¶ 61,314 Cherry, Manager for Power Products, Rate Proceedings conducted under Rule (1996). On July 30, 1996, FERC issued Pricing and Rates, is the official 1010.9. The procedures for General Rate an order granting final confirmation and responsible for the development of Proceedings are intended for use when approval of BPA’s rates, including the BPA’s wholesale power rates. the Administrator proposes to revise all, FPS–96 rate schedule. United Stated SUPPLEMENTARY INFORMATION: or substantially all, of BPA’s wholesale Dept. of Energy-Bonneville Power power and transmission rates. The Administration, 80 FERC ¶ 61,118 Part I—Introduction and Procedural proposed correction of the FPS–96 Background (1997). The FPS–96 rate was approved schedule does not impact any other part for a 10-year period ending September A. Relevant Statutory Provisions of the FPS–96 rate schedule, or any 30, 2006. Governing This Rate Proceeding other rate schedule, and will be applicable to a very limited number of C. Proposed Schedule Concerning This Section 7 of the Northwest Power Act, Rate Proceeding 16 U.S.C. 839e, contains a number of contracts. Therefore, the issues in this general directives that the BPA rate proceeding will be fewer and of BPA’s initial rate proposal in this Administrator must consider in more limited scope than the issues in a proceeding will be available for establishing rates for the sale of electric proceeding to adjust all BPA rates. BPA examination on August 24, 1999, at energy and capacity. In particular, believes that the Expedited Rate BPA’s Public Information Center, BPA section 7(a)(1), 16 U.S.C. 839e(a)(1), Proceeding will be adequate to develop Headquarters Building, 1st Floor; 905 provides in part that: a full and complete record and to N.E. 11th, Portland, Oregon, and will be receive public comment and argument provided to parties at the prehearing [S]uch rates shall be established and, as related to the proposed corrections. If conference to be held on August 24, appropriate, revised to recover, in accordance more time is required, the Hearing with sound business principles, the costs 1999, from 1:00 p.m. to 4:00 p.m., Room associated with the acquisition, conservation, Officer may request under section 223, 911 N.E. 11th, Portland, Oregon. and transmission of electric power, including 1010.10(b) of the BPA Procedures that To request documents in this the amortization of the Federal investment in the BPA Administrator grant an proceeding by telephone, call BPA’s the Federal Columbia River Power System extension. document request line: (503) 230–4328
VerDate 18-JUN-99 19:29 Aug 12, 1999 Jkt 183247 PO 00000 Frm 00046 Fmt 4701 Sfmt 4703 E:\FR\FM\13AUN3.XXX pfrm03 PsN: 13AUN3 Federal Register / Vol. 64, No. 156 / Friday, August 13, 1999 / Notices 44363 or call toll-free 1–800–622–4519. Please charge was not intended to apply to sale product. The fact that an error was request the document by its listed title. capacity without energy. made is reflected in the above quoted BPA’s initial proposal for FPS–96R will The FPS–96 rate schedule is a language from the WPRDS, and in the also be available on BPA’s website at successor to the Surplus Firm Power fact that the $0.87/kW/month price does www.bpa.gov/power/ratecase. (SP–93) rate schedule. However, prior to not, and did not at the time the rate As noted above, BPA will release its the product unbundling in the FPS–96 schedule was developed, recover the proposed revisions to the FPS–96 rate rate schedule, the Contract Rate demand costs to BPA associated with providing schedule on August 24, 1999. BPA charge in BPA’s Surplus Firm Power energy during high cost periods and expects to publish a final ROD on rate schedules (SP–93, SP–91, SP–89 taking energy back during lower cost December 6, 1999. The following and SP–86) was priced to provide periods. proposed schedule is provided for capacity without energy. The Contract Because some contracts may require a informational purposes. A final Rate demand charge in each of these posted, as opposed to a negotiated, rate schedule will be established by the Surplus Firm Power rate schedules for capacity without energy, BPA is Hearing Officer at the prehearing included: (1) firm energy; (2) firm proposing to post seasonally adjusted conference: capacity without energy; and (3) firm rates that may be used in instead of a August 24—Prehearing Conference power. In addition, the demand charge negotiated rate. The posted rates shall (BPA files Direct Case) and deadline in the Contract Rate in those schedules be available only for those contracts in for petitions to intervene. was priced to reflect the value of effect on or before October 1, 1996, that September 17—Data Requests on BPA’s capacity, with or without energy. provide for capacity without energy to Pursuant to BPA’s product Direct Case Due. be priced at the Contract Rate demand unbundling in the 1996 rate case, September 24—Data Responses Due. charge in the then applicable Surplus separate sections for the capacity October 4—Parties’ Direct Cases Firm Power rate schedule. without energy product were included (including rebuttal to BPA’s Direct BPA has assessed the potential in the Priority Firm Power (PF–96) and Case). environmental effects of its rate New Resource Power (NR–96) rate October 12—Data Requests on Parties’ proposal, as required by the National schedules. Consistent with this product Direct Cases Due. Environmental Policy Act (NEPA), as unbundling, the FPS–96 rate schedule October 13—Close of Public Comment. part of BPA’s Business Plan was also designed to unbundle capacity October 19—Data Responses Due. Environmental Impact Statement (EIS). and energy products. Although October 26—Litigants’ Rebuttal Cases The analysis includes an evaluation of clarifying language was mistakenly (no discovery). the environmental impacts of a range of omitted from the FPS–96 rate schedule, rate design alternatives for BPA’s power November 2—Cross-Examination. it was BPA’s stated intent that the November 9—Initial Briefs. services and an analysis of the capacity without energy product would environmental impacts of the rate levels November 17—Draft Record of Decision. be sold at a negotiated price, not under November 27—Briefs on Exceptions. resulting from the rates for such services the Contract Rate demand charge. This under the business structure December 6—Final Record of Decision. is established by BPA’s Final 1996 The procedural schedule established alternatives. BPA’s proposal to revise Wholesale Power Rate Development the FPS–96 schedule falls within the for Docket No. FPS–96R will provide an Study (WPRDS), WP–96–FS–BPA–01. opportunity for interested persons to range of alternatives evaluated in the Section 4.7 of the WPRDS states in Final Business Plan EIS. Comments on review BPA’s proposed rates, to pertinent part that: participate in the rate hearing, and to the Business Plan EIS were received Firm capacity without energy is available outside the formal rate hearing process, submit oral and written comments. under PF–96 and NR–96 rate schedules for During the development of the final rate but will be included in the rate case Computed Requirements customers record and considered by the proposal, BPA will evaluate all written purchasing under the 1981 Contract. Firm and oral comments received in the rate capacity without energy is also available Administrator in making a final proceeding. Consideration of comments under the FPS–96 rate schedule, at decision establishing BPA’s revisions to and more current data may result in the negotiated prices and terms that may vary the 1996 rate schedules. The Business final rate proposal differing from the from those in the PF and NR rate schedules. Plan EIS was completed in June 1995. Pursuant to Rule 1010.3(f) of BPA’s rates proposed in this Notice. BPA entered into some contracts prior Procedures, the Administrator limits the BPA expects to file its ROD with to the establishment of the FPS–96 rate scope of this hearing to issues FERC by January 6, 2000, requesting schedule that provide for BPA to respecting the correction of the FPS–96 that the proposed revisions go into supply, under specified circumstances, rate schedule as described in section II effect on or before June 1, 2000. capacity without energy, and further provide that such product should be hereof. Other provisions of the existing Part II—Purpose and Scope of Hearing priced under the Contract Rate demand FPS–96 rate schedule are not rate The purpose of the proposed changes charge section of the then applicable matters for the purposes of this hearing. to the Firm Power Products and Surplus Firm Power rate schedule. As III. Public Participation Services (FPS–96) rate schedule is to noted previously, the FPS–96 rate clarify and establish the rates that apply schedule is the successor to all prior A. Distinguishing Between to the capacity without energy product. Surplus Firm Power rate schedules. ‘‘Participants’’ and ‘‘Parties’ The FPS–96 rate schedule includes a BPA erred in the FPS–96 rate schedule BPA distinguishes between Contract Rate demand charge section, when it failed to expressly state in that ‘‘participants in’’ and ‘‘parties to’’ the which contains a rate of $0.87/kW/ schedule that contracts providing for hearings. Apart from the formal hearing month. The demand charge in this capacity without energy would no process, BPA will receive comments, section was designed and priced to be longer be sold at the Contract Rate views, opinions, and information from used exclusively in conjunction with demand charge, but rather would be ‘‘participants,’’ who are defined in the the purchase of the separate energy priced at a negotiated rate, and that the BPA Procedures as persons who may product included in the same section of demand charge in the Contract Rate submit comments without being subject FPS–96. The Contract Rate demand section in FPS–96 was for a firm power to the duties of, or having the privileges
VerDate 18-JUN-99 19:29 Aug 12, 1999 Jkt 183247 PO 00000 Frm 00047 Fmt 4701 Sfmt 4703 E:\FR\FM\13AUN3.XXX pfrm03 PsN: 13AUN3 44364 Federal Register / Vol. 64, No. 156 / Friday, August 13, 1999 / Notices of, parties. Participants’ written and oral C. Developing the Record Applicable months Rate comments will be made part of the official record and considered by the Cross-examination will be scheduled September±December ...... $15.16/kW-mo. Administrator. Participants are not by the Hearing Officer as necessary January±March ...... 11.11/kW-mo. entitled to participate in the prehearing following completion of the filing of all April ...... 10.10/kW-mo. litigants’ direct and rebuttal testimony. May±June ...... $8.30/kW-mo. conference; may not cross-examine Parties will have the opportunity to file July ...... 13.39/kW-mo. parties’ witnesses, seek discovery, or initial briefs at the close of any cross- August ...... 19.93/kW-mo. serve or be served with documents; and examination. After the close of the are not subject to the same procedural hearings, and following submission of The rates in the Contract Rate Section requirements as parties. initial briefs, BPA will issue a Draft II.A.1.1 of FPS–96 apply only to a firm Written comments by participants ROD that states the Administrator’s power sale. will be included in the record if they are tentative decision(s). Parties may file V. The Revised FPS–96 Rate Schedule submitted on or before October 13, briefs on exceptions, or when all parties 1999. Participants’ written views, have previously agreed, oral argument The revised FPS rate schedule is set supporting information, questions, and may be substituted for briefs on forth below. An interlined version of the arguments should be submitted to the exceptions. When oral argument has revised rate schedule will be available address noted above. The second been scheduled in lieu of briefs on for examination on August 24, 1999, at category of interest is that of a ‘‘party’’ exceptions, the argument will be BPA’s Public Information Center, BPA as defined in Rules 1010.2 and 1010.4 transcribed and made part of the record. Headquarters Building, 1st Floor; 905 of the BPA Procedures. 51 FR 7611 The record will include, among other N.E. 11th, Portland, Oregon, and will be (1986). Parties may participate in any things, the transcripts of any hearings, provided to parties at the prehearing aspect of the hearing process. written material submitted by the conference to be held on August 24, participants, and evidence accepted into 1999, from 1:00 p.m. to 4:00 p.m., Room B. Petitions for Intervention the record by the Hearing Officer. The 223, 911 N.E. 11th, Portland, Oregon. In addition, the interlined version of this Persons wishing to become a party to Hearing Officer then will review the record, supplement it if necessary, and revised rate schedule will be posted on BPA’s rate proceeding must notify BPA BPA’s website that same day. The in writing. Petitioners may designate no certify the record to the Administrator for decision. website may be reached via more than two representatives upon www.bpa.gov/power/ratecase. whom service of documents will be The Administrator will develop the made. Petitions to intervene shall state final corrections to the FPS–96 rate Schedule FPS–96 the name and address of the person schedule based on the entire record. The Firm Power Products and Services requesting party status and the person’s basis for the final corrections to the rate Section I. Availability interest in the hearing. schedule will be expressed in the Administrator’s Final ROD. The Petitions to intervene as parties in the This rate schedule is available for the Administrator will serve copies of the purchase of Firm Power, Capacity rate proceeding are due to the Hearing ROD on all parties and will file the final Officer by August 24, 1999. The Without Energy, Supplemental Control proposed rate corrections, together with Area Services, Shaping Services, and petitions should be directed to: the record, with FERC for confirmation Christopher Jones, Hearing Clerk—LP, Reservation and Rights to Change and approval. See 18 CFR Part 300. Services for use inside and outside the Bonneville Power Administration, 905 Pacific Northwest during the period N.E. 11th Ave., P.O. Box 12999, IV. Summary of the Proposal beginning October 1, 1996, and ending Portland, Oregon 97212. Below are the proposed corrections September 30, 2006. Petitioners must explain their intended to the FPS–96 rate schedule. Products and services available under interests in sufficient detail to permit 1. Title to Section II. A. is corrected this rate schedule are described in the the Hearing Officer to determine from ‘‘Firm Power’’ to ‘‘Firm Power and reprint of the 1996 GRSPs for FPS–96, whether they have a relevant interest in Capacity Without Energy Sales’ Section III.A of Bonneville Power the hearing. Pursuant to Rule 1010.1(d) 2. The following language will be Administration (BPA’s) General Rate of BPA’s Procedures, BPA waives the added to 1.1 Contract Rate section of Schedule Provisions (GRSPs). BPA is requirement in Rule 1010.4(d) that an FPS–96: not obligated to enter into agreements to opposition to an intervention petition be sell products and services under this filed and served 24 hours before the The demand charge in the Contract rate schedule or make power or energy prehearing conference. Any opposition Rate applies firm power sales. Firm available under this rate schedule if to an intervention petition may instead capacity without energy is available such power or energy would displace be made at the prehearing conference. under the FPS–96 rate schedule at the sales under the PF–96, NR–96, IP–96, or Any party, including BPA, may oppose prices identified in section 1.3 unless VI–96 rates schedules or their a petition for intervention. Persons who otherwise agreed to by BPA and the successors. Sales under the FPS–96 rate have been denied party status in any Purchaser. schedule are subject to BPA’s GRSPs. past BPA rate proceeding shall continue 3. New FPS–96 Section 1.3: Transmission service over Federal to be denied party status unless they 1.3 Capacity Without Energy Columbia River Transmission System establish a significant change of facilities shall be charged under the circumstances. All timely applications Unless otherwise agreed to by the applicable transmission rate schedule. will be ruled on by the Hearing Officer. parties, the monthly charge for capacity Ancillary services shall be available Late interventions are strongly without energy shall be the applicable under, or at charges consistent with, the disfavored. Opposition to an untimely rate for that month, multiplied by the Ancillary Products and Services (APS) petition to intervene shall be filed and Purchaser’s Contract Demand associated rate schedule. received by BPA within two days after with the purchase of capacity without This rate schedule supersedes the service of the petition. energy. Surplus Firm Power (SP–93) and
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Emergency Capacity (CE–95) rate (2) The applicable Light Load Hour Rate adjustment Section schedules. Rates under contracts that (LLH) rate for that month, multiplied by contain charges that escalate based on the Purchaser’s LLH Contract Energy Reactive Power Charge ...... II.O. rates listed in this rate schedule shall unless otherwise agreed by BPA and the Unauthorized Increase Charge ...... II.R. include applicable transmission Purchaser. charges. For sales under this rate 2.2 Special Rate Provisions schedule, bills shall be rendered and HLH rate LLH rate Applicable months (mills/ (mills/ Special rate provisions Section payments due pursuant to BPA’s Billing kWh) kWh) Procedures and/or as agreed to in Cost Contributions ...... II.D. purchase agreements. September±Decem- ber ...... 49.63 46.45 Section II. Rates, Billing Factors, and January±March ...... 50.39 47.25 B. Supplemental Control Area Services Adjustments April ...... 44.74 42.73 1. Rates and Billing Factors May±June ...... 24.36 21.21 For each product, the rate(s) for each The charge for Supplemental Control product along with the associated July ...... 29.94 26.09 August ...... 42.68 37.06 Area Services shall be the applicable billing factor(s) are identified below. rate(s) times the applicable billing Applicable adjustments, charges, and 1.2 Flexible Rate factor(s), pursuant to the agreement special rate provisions are listed for between BPA and the Purchaser. each product. This rate schedule Demand and/or energy charges may The rate(s) and billing factor(s) for contains four subsections, be specified at a higher or lower average Supplemental Control Area Services corresponding to the products offered rate as mutually agreed by BPA and the shall be as established by BPA or as under this rate schedule: Purchaser. Billing factors shall be mutually agreed by BPA and the Section II.A. Firm Power and Capacity Contract Demand and Contract Energy Purchaser. Without Energy unless otherwise agreed by BPA and the Section II.B. Supplemental Control Area Purchaser. 2. Adjustments, Charges, and Special Rate Provisions Services 1.3 Capacity Without Energy Section II.C. Shaping Services Adjustments, Charges, and Special Section II.D. Reservation and Rights to 1.3.1 Flexible Rate Rate Provisions are described in the Change Services For sales not covered by section 1.3.2 GRSPs. Relevant sections are identified the rate(s) for capacity without energy A. Firm Power and Capacity Without below. sales shall be as mutually agreed by Energy BPA and the Purchaser. 2.1 Rate Adjustments 1. Rates and Billing Factors 1.3.2 Posted Rate Rate adjustment Section 1.1 Contract Rate The posted rates are available Energy Return Surcharge ...... II.H. The demand charge in the Contract exclusively for contracts entered into on Reactive Power Charge ...... II.O. Rate applies to purchases of a firm or before September 30, 1996, that Unauthorized Increase Charge ...... II.R. capacity with no energy return product include Capacity without Energy exclusively, that is, a firm power sale provisions where payment shall be at 2.2 Special Rate Provisions product. Firm capacity with energy the demand charge associated with the return (Capacity without Energy) is Contract Rate of the then applicable Special rate provisions Section available under the FPS–96 rate surplus power rate schedule. For sales schedule at the prices identified in pursuant to such contracts the monthly Cost Contributions ...... II.D. section 1.3. Contracts entered into on or charge for Capacity without Energy shall before September 30, 1996, that refer to be the applicable rate for that month, C. Shaping Services the demand charge in the Contract Rate multiplied by the Purchaser’s Contract 1. Rates and Billing Factors section of the then applicable surplus Demand associated with the purchase of power schedule for pricing this product Capacity without Energy. The charge for Shaping Services shall will be priced under section 1.3. be the applicable rate(s) times the Applicable months Rate applicable billing factor(s), pursuant to 1.1.1 Demand Charge the agreement between BPA and the The charge for demand shall be $0.87 September±December ...... $15.16/kW-mo. Purchaser. per kilowatt per month in all months of January±March ...... $11.11/kW-mo. The rate(s) and billing factor(s) for use April ...... $10.10/kW-mo. the year, multiplied by the Contract of Shaping Services shall be as May±June ...... $8.30/kW-mo. established by BPA or as mutually Demand unless otherwise agreed by July ...... $13.39/kW-mo. BPA and the Purchaser. August ...... $19.93/kW-mo. agreed by BPA and the Purchaser. 1.1.2 Demand Charge—Capacity 2. Adjustments, Charges, and Special Without Energy Sales 2. Adjustments, Charges, and Special Rate Provisions Rate Provisions See section 1.3 for pricing. Adjustments, Charges, and Special Adjustments, Charges, and Special Rate Provisions are described in the 1.1.3 Energy Charge Rate Provisions are described in the GRSPs. Relevant sections are identified The total monthly charge for energy GRSPs. Relevant sections are identified below. below. shall be the sum of (1) and (2): 2.1 Rate Adjustments (1) The applicable Heavy Load Hour 2.1 Rate Adjustments (HLH) rate for that month, multiplied by Rate adjustment Section the Purchaser’s HLH Contract Energy Rate adjustment Section unless otherwise agreed by BPA and the Energy Return Surcharge ...... II.H. Purchaser; and Energy Return Surcharge ...... II.H. Reactive Power Charge ...... II.O.
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Rate adjustment Section D. Reservation and Rights to Change 2. Adjustments, Charges, and Special Services Rate Provisions Unauthorized Increase Charge ...... II.R. 1. Rates and Billing Factors There are no additional adjustments, 2.2 Special Rate Provisions The charge for Reservation and Rights charges, or special rate provisions for to Change Services shall be the the Reservation and Rights to Change Special rate provisions Section applicable rate(s) times the applicable Services. billing factor(s), pursuant to the Issued in Portland, Oregon, on July 30, Cost Contributions ...... II.D. agreement between BPA and the 1999. Purchaser. The rate(s) and billing factor(s) for Jack Robertson, Reservation and Rights to Change Deputy Administrator. Services shall be as established by BPA [FR Doc. 99–20804 Filed 8–12–99; 8:45 am] or mutually agreed by BPA and the BILLING CODE 6450±01±P Purchaser.
VerDate 18-JUN-99 19:29 Aug 12, 1999 Jkt 183247 PO 00000 Frm 00050 Fmt 4701 Sfmt 4703 E:\FR\FM\13AUN3.XXX pfrm03 PsN: 13AUN3 eDt 8JN9 53 u 2 99Jt134 O000Fm001Ft41 ft41 :F\MA3U.7 fm4PsN:13AUN4 pfrm04 E:\FR\FM\A13AU3.271 Sfmt4717 Fmt4717 Frm00001 PO00000 Jkt183247 15:33Aug12, 1999 VerDate 18-JUN-99 federal register August 13,1999 Friday Improvement Actof1997;Notice National WildlifeRefugeSystem Draft PlanningPolicyPursuanttothe Fish andWildlifeService Interior Department ofthe Part IV 44367 44368 Federal Register / Vol. 64, No. 156 / Friday, August 13, 1999 / Notices
DEPARTMENT OF THE INTERIOR Refuge System; reinforces the are suitable for use as administrative importance of comprehensive planning sites or visitor facilities; significant Fish and Wildlife Service for all units of the National Wildlife problems that may adversely affect the Refuge System; and gives refuge populations and habitats of fish, Draft Planning Policy Pursuant to the managers uniform direction and wildlife, and plants within the planning National Wildlife Refuge System procedures for making decisions unit and the actions necessary to correct Improvement Act of 1997 regarding wildlife conservation and uses or mitigate such problems; and AGENCY: Fish and Wildlife Service, of the National Wildlife Refuge System. opportunities for compatible wildlife- Interior. dependent recreational uses. Planning and the NWRSIA–1997 In preparing and revising each CCP, ACTION: Notice. We will develop a CCP for each refuge we shall, to the maximum extent SUMMARY: We propose to establish or related complex of refuges by October practicable and consistent with the requirements and guidance for National 2012 and will revise each plan every 15 NWRSIA–1997, consult with adjoining Wildlife Refuge System planning, years thereafter or sooner as necessary. Federal, State, local, and private including Comprehensive Conservation The NWRSIA–1997 also requires that landowners and affected State Plans (CCPs) and step-down we provide an opportunity for active conservation agencies. We shall also management plans. This policy, which public involvement during the coordinate the development of the CCP incorporates the CCP provisions of the preparation and revision of CCPs. These or revision with relevant State National Wildlife Refuge System plans will guide management decisions conservation plans for fish and wildlife Improvement Act of 1997 (NWRSIA– and establish strategies for achieving the and their habitats. 1997), will replace Part 602 Chapters 1, mission of the System and the purposes We shall develop and implement a 2, and 3 of the Fish and Wildlife Service of each refuge unit. process to ensure active public Manual. The NWRSIA–1997 includes a involvement in the preparation and Our policy for managing units of the number of provisions that specifically revision of CCPs. At a minimum, the National Wildlife Refuge System address planning. The following is a publication of any final CCP shall (System) is that we will manage all summary of those provisions and how include a summary of the comments refuges in accordance with an approved they apply to us. made by States, owners of adjacent or CCP that: guides management decisions; In general, we will propose a CCP for potentially affected land, local sets forth goals, objectives, and each refuge or related complex of governments, and any other affected strategies for achieving refuge purposes; refuges. For each proposed plan we will persons, and a statement of the contributes to the mission of the publish a notice of opportunity for disposition of concerns expressed in System; and meets other relevant public comment in the Federal Register. those comments. mandates. We also may require step- We will issue a final CCP for each Prior to the adoption of each CCP, we down management plans to provide planning unit consistent with the shall issue a public notice of the draft additional details about meeting goals provisions of the NWRSIA–1997 and, to proposed CCP, make copies of the CCP and objectives and implementing the extent practicable, consistent with available at our field and regional management strategies identified in the fish and wildlife and conservation offices, and provide opportunity for CCPs. Each plan will be consistent with plans of the State in which the refuge is public comment. located. We will revise the CCP every 15 principles of sound fish and wildlife Purpose of This Draft Policy management, available science, legal years after issuance or sooner as mandates, and our other policies, necessary. This draft policy would establish guidelines, and planning documents. We shall manage each refuge or requirements and guidance for National planning unit under plans in effect on Wildlife Refuge System planning, DATES: Submit comments on or before the date of enactment of the NWRSIA– October 12, 1999. including CCPs and step-down plans, 1997, to the extent such plans are and ensure that planning efforts comply ADDRESSES: Send comments concerning consistent with the NWRSIA–1997, with the provisions of the NWRSIA– this draft planning policy via mail, fax until new CCPs revise or supercede 1997. This draft planning policy or e-mail to: Chief, Division of Refuges, these plans. Uses or activities consistent describes a systematic decision-making US Fish and Wildlife Service, 4401 with the NWRSIA–1997 may occur on process that fulfills the requirements we North Fairfax Drive, Room 670, any refuge or planning unit before we are establishing for developing a CCP. It Arlington, Virginia 22203; fax (703) revise existing plans or issue new CCPs. is not the intent of this policy to provide 358–2248; e-mail: Upon completion of a CCP for a refuge l l step-by-step direction on how to prepare Planning Policy [email protected] or planning unit, we shall manage the a CCP but rather to establish the FOR FURTHER INFORMATION CONTACT: Liz refuge or planning unit in a manner requirements and standards to which Bellantoni, Refuge Planning consistent with the CCP and revise the we will hold all CCPs. Coordinator, Division of Refuges, US plan at any time if we determine that Fish and Wildlife Service, telephone conditions affecting the refuge or Fish and Wildlife Service Directives (703) 358–2422. planning unit have changed System SUPPLEMENTARY INFORMATION: The significantly. Because many of our field stations are NWRSIA–1997 amends and builds upon In developing each CCP for a planning in remote areas across the United States, the National Wildlife Refuge System unit, the plan shall identify and it is important that all employees have Administration Act of 1966, providing describe: the purposes of each refuge available and know the current policy an ‘‘Organic Act’’ for the National comprising the planning unit; the and management directives that affect Wildlife Refuge System. It clearly distribution, migration patterns, and their daily activities. Our Directives establishes that wildlife conservation is abundance of fish, wildlife, and plant System, consisting of the Fish and the singular mission of the National populations and related habitats within Wildlife Service Manual, Director’s Wildlife Refuge System; provides the planning unit; the archaeological Orders, and National Policy Issuances, guidance to the Secretary of the Interior and cultural values of the planning unit; is the vehicle for issuing our standing for management of the National Wildlife such areas within the planning unit that and continuing policy and management
VerDate 18-JUN-99 15:33 Aug 12, 1999 Jkt 183247 PO 00000 Frm 00002 Fmt 4701 Sfmt 4703 E:\FR\FM\A13AU3.271 pfrm04 PsN: 13AUN4 Federal Register / Vol. 64, No. 156 / Friday, August 13, 1999 / Notices 44369 directives. We post new directives on your Internet message, contact us 1.2 What does Part 602 apply to? the Internet upon approval, ensuring directly at (703) 358–1744. You may Part 602 applies to all units of the that all employees have prompt access also fax comments to: Chief, Division of National Wildlife Refuge System. to the most current guidance. Refuges, (703) 358–2248. Finally, you 1.3 What is our policy for managing The Fish and Wildlife Service Manual may hand-deliver comments to the refuges? We will manage all refuges in contains our standing and continuing address mentioned above. accordance with an approved CCP that directives with which our employees Our practice is to make comments, guides management decisions and sets must comply and has force and effect including names and home addresses of forth goals, objectives, and strategies, within the Service. We use it to respondents, available for public review which when implemented will achieve implement our authorities and to ‘‘step during regular business hours. refuge purposes, contribute to the down’’ our compliance with statutes, Individual respondents may request that System mission, and meet all other executive orders, and departmental we withhold their home address from relevant mandates. We also may require directives. It establishes the the record, which we will honor to the step-down management plans to requirements and procedures to assist extent allowable by law. There also may provide additional details about meeting our employees in carrying out our be circumstances in which we would goals and objectives and implementing authorities, responsibilities, and withhold from the record a respondent’s management strategies identified in activities. identity, as allowable by law. If you CCPs. Each plan will be consistent with We limit Director’s orders to wish us to withhold your name and/or principles of sound fish and wildlife temporary policy, procedures, address, you must state this management, available science, legal delegations of authority, emergency prominently at the beginning of your mandates, and our other policies, regulations, special assignments of comment. However, we will not guidelines, and planning documents. functions, and initial functional consider anonymous comments. We 1.4 What are our authorities? statements on the establishment of new will make all submissions from Authorities listed below include laws organizational units. We convert all organizations or businesses and from that require us to manage units of the Director’s orders, as needed, to individuals identifying themselves as System in accordance with approved appropriate parts of the Fish and representatives or officials of CCPs and to integrate refuge planning Wildlife Service Manual. We generally organizations or businesses, available decisions with the National do not issue material appropriate for Environmental Policy Act (NEPA) immediate inclusion in the Fish and for public inspection in their entirety. process. Wildlife Service Manual as a Director’s We seek public comments on this order. draft planning policy and will take into A. National Wildlife Refuge System National Policy Issuances promulgate consideration comments and any Administration Act of 1966 as amended the Director’s national policies for additional information received during by the National Wildlife Refuge System managing the Service and our programs. the 60-day comment period. Improvement Act of 1997, 16 U.S.C. These policies are necessarily broad and We will send a copy of the draft Fish 668dd–668ee (Refuge Administration generally require management and Wildlife Service Manual chapters Act). This law states that ‘‘ * * * the discretion or judgment in their on National Wildlife Refuge System Secretary shall—(i) propose a implementation. They represent the planning to anyone who would like to comprehensive conservation plan for Director’s expectations of how we will receive them. In addition, these chapters each refuge or related complex of act in carrying out our official will be available on the National refuges * * * in the System; (ii) publish responsibilities. Wildlife Refuge System web site (http:/ a notice of opportunity for public The Fish and Wildlife Service /refuges.fws.gov [select link to comment in the Federal Register on Manual, Director’s Orders, and National ‘‘Library,’’ then link to ‘‘Service each proposed conservation plan; (iii) Policy Issuances are available on the Manual/Policy—Draft Chapters’’]) issue a final conservation plan for each Internet at http://www.fws.gov/ during the 60-day comment period. planning unit consistent with the directives/direct.html. When finalized, Primary Author: Elizabeth Bellantoni, provisions of this Act and, to the extent we will incorporate this policy on Fish and Wildlife Biologist (Refuge practicable, consistent with fish and National Wildlife Refuge System Planning Coordinator), Division of wildlife conservation plans of the State planning into the Fish and Wildlife Refuges, U.S. Fish and Wildlife Service, in which the refuge is located; and (iv) Service Manual as Part 602 Chapters 1, is the primary author of this notice. not less frequently than 15 years after 2, and 3. the date of issuance of a conservation Dated: July 14, 1999. plan under clause (iii) and every 15 Comment Solicitation John G. Rogers, years thereafter, revise the conservation If you wish to comment, you may Director. plan as may be necessary.’’ This law submit your comments by any one of Refuge Management provides additional detail on several methods. You may mail conservation planning for the System. comments to: Chief, Division of Refuges, Part 602 National Wildlife Refuge B. Alaska National Interest Lands US Fish and Wildlife Service, 4401 System Planning Conservation Act of 1980 as amended, North Fairfax Drive, Room 670, Chapter 1 Refuge Planning Overview 16 U.S.C. 140hh–3233, 43 U.S.C. 1602– Arlington, Virginia 22203. You may 1784 (ANILCA). Section 304 states, in comment via the Internet to: 602 FW 1 part, ‘‘The Secretary shall prepare, and [email protected]. 1.1 What is the purpose of Part 602? from time to time, revise, a Please submit Internet comments as an Part 602 provides guidance for National comprehensive conservation plan * ** ASCII file avoiding the use of special Wildlife Refuge System (System) for each refuge.’’ Find additional characters and any form of encryption. planning, including specific chapters on guidance on the content of these plans Please also include your name and Comprehensive Conservation Plans and on management direction in this return address in your Internet message. (CCPs) and step-down management and other sections of ANILCA. If any If you do not receive a confirmation plans. This chapter (602 FW 1) provides provisions of the Refuge Administration from the system that we have received an overview of refuge planning. Act conflict with the provisions of
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ANILCA, the provisions of ANILCA 1.6 What do the following terms refuge accomplishments, and evaluating shall prevail for refuges in Alaska. mean? (Quotations are from the Refuge the success of the strategies. Make your C. National Environmental Policy Act Administration Act) objectives attainable and time-specific (NEPA) of 1969, as amended, 42 U.S.C. A. Alternative. Alternatives are and state them quantitatively to the extent possible. If you cannot state 4321–4347, and the Council on different means of accomplishing refuge objectives quantitatively, state them Environmental Quality’s (CEQ) purposes and goals, contributing to the System mission, and resolving issues. qualitatively. Regulations for Implementing the I. Planning Area. A planning area B. Comprehensive Conservation Plan/ Procedural Provisions of NEPA, 40 CFR may include lands outside existing CCP. A document that describes the 1500–1508. NEPA is the basic national planning unit boundaries currently desired future conditions of the refuge charter for the protection of the studied for inclusion in the System and/ and provides long-range guidance and environment (NEPA, section 2). The or partnership planning efforts. It may management direction to accomplish procedural provisions in CEQ’s also include watersheds or ecosystems the purposes of the refuge, contribute to regulations require Federal agencies to: that affect the planning unit. integrate the NEPA process with other the mission of the System, and meet J. Planning Team. Planning teams are planning at the earliest possible time in other relevant mandates. interdisciplinary in membership and order to provide a systematic C. Coordination Area. A wildlife function. Teams generally consist of a management area that is made available interdisciplinary approach; identify and Planning Team Leader; Refuge Manager to a State, by ‘‘(A) cooperative analyze environmental effects of their and staff biologists; and other agreement between the United States actions; describe appropriate appropriate specialists (e.g., social Fish and Wildlife Service and the State scientist, ecologist, recreation alternatives to the proposal; involve the fish and game agency pursuant to affected State and Federal agencies, specialist). Team members may come section 4 of the Fish and Wildlife from our other programs and other Indian tribes, and the affected public in Coordination Act (16 U.S.C. 664); or (B) the planning and decision making Federal, Tribal, and State natural by long-term leases or agreements resource agencies. The planning team process; and fully integrate all refuge pursuant to the Bankhead-Jones Farm proposals that may have an impact on prepares the CCP. Tenant Act (50 Stat. 525; 7 U.S.C. 1010 K. Planning Team Leader. The the environment with the procedural et seq.).’’ States manage coordination provisions of NEPA (40 CFR 1501.2). Planning Team Leader typically is a areas but they are part of the Refuge professional planner or natural resource 1.5 What are the goals of refuge System. We do not require CCPs for specialist knowledgeable of the planning? Coordination Areas. requirements of the National D. Goal. Descriptive, open-ended, and A. To help ensure that we manage the Environmental Policy Act (NEPA) and often broad statement of desired future System for the conservation of fish, who has planning experience. The conditions that conveys a purpose but wildlife, plants, and their habitats; and Planning Team Leader manages the does not define measurable units. refuge planning process. that refuge management accomplishes E. Issue. Any unsettled matter that our policies, the System mission, and L. Planning Unit. A single refuge, an requires a management decision, e.g., an ecologically/administratively related the purposes for which we established initiative, opportunity, resource the refuge. refuge complex or distinct unit of a management problem, threat to the refuge. B. To help ensure that the resources of the unit, conflict in uses, M. Purposes of the Refuge. ‘‘The administration of the System public concern, or the presence of an purposes specified in or derived from contributes to the conservation of undesirable resource condition. the law, proclamation, executive order, biological diversity and integrity and to F. National Wildlife Refuge (refuge). agreement, public land order, donation the structure and function of the ‘‘A designated area of land, water, or an document, or administrative ecosystems of the United States. interest in land or water within the memorandum establishing, authorizing, System, but does not include C. To help ensure that our other or expanding a refuge, refuge unit, or Coordination Areas.’’ Find a complete programs; Federal, State, and local refuge subunit.’’ listing of all units of the System in the agencies; Tribal governments; N. Refuge Operating Needs System current Annual Report of Lands Under conservation organizations; adjacent (RONS). The Refuge Operating Needs Control of the U.S. Fish and Wildlife System is a national database which landowners; and the public have Service. opportunities to participate in the refuge contains the unfunded operational G. National Wildlife Refuge System needs of each refuge. We include planning process. Mission (mission). ‘‘The mission of the projects required to implement D. To provide a basis for adaptive System is to administer a national approved plans, and meet goals, management by monitoring progress, network of lands and waters for the objectives, and legal mandates. evaluating plan implementation, and conservation, management and, where O. Step-down Management Plans. updating refuge plans accordingly. appropriate, restoration of the fish, Step-down management plans deal with E. To promote efficiency, wildlife and plant resources and their specific management subjects (e.g., effectiveness, continuity and national habitats within the United States for the habitat, public use, fire, safety) or benefit of present and future generations consistency in refuge management. groups of related subjects. Step-down of Americans.’’ management plans describe F. To help ensure consistent H. Objective. An objective is a concise management strategies and Systemwide consideration of the six statement of what we want to achieve, implementation schedules. priority general public uses—hunting, how much we want to achieve, when P. Strategy. A specific action, tool or fishing, wildlife observation and and where we want to achieve it, and technique or combination of actions, photography, and environmental who is responsible for the work. tools, and techniques used to meet unit education and interpretation— Objectives derive from goals and objectives. established by the Refuge provide the basis for determining Q. U.S. Fish and Wildlife Service Administration Act. management strategies, monitoring Mission. Our mission is working with
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Convert refuge long-range Use. ‘‘A use of a refuge involving the plans will be consistent with the management plans (e.g., master plans hunting, fishing, wildlife observation fish and wildlife conservation plans of and refuge management plans), and photography, or environmental the State and the conservation programs approved prior to October 9, 1997, into education and interpretation.’’ These of Tribal, public, and private partners CCPs with appropriate public uses are the six priority general public within the ecosystem. involvement and NEPA compliance no uses of the Refuge System as established C. Land Acquisition Planning. later than October 2012. in the National Wildlife Refuge System (1) Refuge planning typically begins E. Step-down Management Plans. Administration Act. before the establishment of an area as a Step-down management plans provide S. Vision Statement. A concise unit of the System. Land acquisition the details necessary to implement statement of what the planning unit planning, (usually resulting in a Land management strategies identified in the could be, or what we could do, in the Protection Plan (LPP) and associated CCP. CCPs will either incorporate or next 10 to 15 years, based primarily NEPA document) is a preliminary step identify step-down plans required to upon the System mission and specific in the continuous, integrated refuge fully implement the CCP. After refuge purposes, and other relevant planning process. This process completion of the CCP, modify existing mandates. eventually results in completion of a step-down plans to accomplish stated 1.7 What is the relationship CCP and appropriate refuge step-down objectives as needed. See 602 FW 3. between the Refuge System, and other plans. Other land use, species, or habitat F. Integration with Budget planning efforts? Refuge planning protection planning efforts, or Development and Implementation. We should maintain continuity and legislative or executive directive may will use CCPs to guide annual budget consistency with other planning precede land acquisition planning. requests. We will identify the unfunded initiatives. The relationship between Initial refuge establishment costs of implementing strategies in these planning efforts is hierarchical, documentation (LPP and associated refuge plans using our budget databases, starting from national plans to regional, NEPA document) should identify the including the Refuge Operating Needs State, and ecoregion level plans approved refuge boundary, refuge System (RONS), Maintenance stepping down to refuge-specific purpose(s), goals, and general Management System (MMS), and Land planning. See Exhibit 1. The process of management direction. Acquisition Priority System (LAPS). As adaptive management uses feedback (2) Planning for proposed new refuges we complete or update each plan, we from refuge research and monitoring, or major expansions to existing refuges will review and update these databases and evaluation of management actions not undergoing a CCP will include the to incorporate projects identified in to support or modify goals, objectives, development of a Conceptual refuge plans. The total funding and and strategies at all planning levels. Management Plan (CMP) for the new staffing identified in these databases A. National and Regional Plans. unit. We design the CMP to provide represents the additional resources Opportunities and issues to address in general, interim management direction. required to fully implement the refuge refuge planning will consider other The CMP should identify refuge plans. Service documents that address purpose(s), interim goals, and pre- 1.8 Who are the responsible particular programs, species, habitats, existing compatible wildlife-dependent officials? public uses, economic uses, recreational uses that we may allow to A. Director. The Director is archaeological resources, etc. National continue on an interim basis. We define responsible for providing national and regional goals, objectives, strategies, the interim period as the duration of policy and ensuring adherence to refuge and policies influence management time between establishment of a new planning policy. planning for refuges. Source documents refuge or refuge expansion and the B. Regional Director. The Regional include the Service Manual, the North completion of an approved CCP. Fully Director: (1) Ensures compliance with American Waterfowl Management Plan, integrate land acquisition planning national planning policy, NEPA, and National Outreach Strategy, regional efforts into CCP preparation whenever other applicable laws and policies; (2) resource plans, endangered species possible. Some proposed new refuges or approves CCPs and associated NEPA recovery plans, migratory bird and refuge expansions may warrant CCP and other agency compliance flyway plans, fishery resource plans, development at the time of acquisition documents; and (3) ensures that we joint venture plans, Partners in Flight planning. Include appropriate Realty manage refuges in accordance with plans, and strategies to promote the staff on the planning team when approved CCPs. The Regional Director conservation of natural biological considering land acquisition during the or designee approves step-down plans, diversity. The contribution of the refuge CCP process to ensure consistency with determines planning priorities and to achieving regional and national goals land acquisition policy. Also see 341 allocates funds to develop and will help implement our mission and FW 2. implement plans. ensure the integrity of the System. D. Comprehensive Conservation C. Refuge Programmatic Assistant B. Service Ecoregion Plans, State Fish Plans (CCP). The CCP is a document Regional Director (PARD)/Geographic and Wildlife Conservation Plans, and that describes the desired future Assistant Regional Director (GARD). Other Landscape Level Plans. Refuge conditions of the refuge and provides The Refuges and Wildlife Program planning will reflect conservation goals long-range guidance and management Assistant Regional Directors are and objectives for the landscapes in direction for the Refuge Manager to responsible for initiating and which the refuges are located. Refuges accomplish the purposes of the refuge, completing refuge plans, budgeting for must review goals and objectives of contribute to the mission of the System, planning, ensuring programmatic staff existing ecosystem plans and determine and to meet other relevant mandates. participation, and developing planning how the refuge can best contribute to See 602 FW 2. For refuges established priorities with input from the the functioning of the ecosystem. after October 9, 1997, prepare CCPs Geographic Assistant Regional
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Directors. The Geographic Assistant preparation and completion of refuge is responsible for making compatibility Regional Directors are responsible for plans, and associated compliance determinations and ensuring that ensuring that ecosystem teams requirements. The Planning Team agency compliance requirements are participate in developing plans and Leader is responsible for identifying met and that the CCP, when implementing approved plans. appropriate and proper representation implemented, will achieve the purposes D. Refuge Planning Coordinators. The on the interdisciplinary planning team, of the refuge and will contribute to Washington Office, Division of Refuges including core team members, support fulfilling the System mission. The and each Region will designate a Refuge personnel, and outside or contract Refuge Manager is responsible for Planning Coordinator. The Coordinators assistance. The Refuge Manager and implementing approved comprehensive will periodically meet as a national Planning Team Leader submit the final and step-down plans, monitoring team to review and recommend changes CCP through line supervision for progress, and recommending changes to to planning policy, resolve common concurrence and approval by the plans based on monitoring and planning problems and issues, and help Regional Director. evaluation. The Refuge Manager also ensure national consistency. In F. Refuge Supervisor. The Refuge reports plan accomplishments through cooperation with representatives of our Supervisor is responsible for overseeing standard reporting mechanisms and National Conservation Training Center, participation of the Refuge Manager in budgeting procedures. the Coordinators will establish and CCP preparation and implementation, H. Planning Team. The planning maintain appropriate training courses. and for providing direction and team, coordinated by the Planning Team Refuge Planning Coordinators will guidance on compliance with System Leader, is responsible for the initiation provide guidance and direction to assist policy and regulations. and completion of all planning steps, regional and field-based planning staff G. Refuge Manager. The Refuge including public involvement and and planning team members. The Manager prepares the CCP working NEPA compliance, resulting in a refuge coordinators are also responsible for closely with the Planning Team Leader. CCP. We describe the steps in 602 FW maintaining regional planning The Refuge Manager assures that the 2.4 C. schedules and updating status reports refuge staff participates in plan I. Regional Environmental (NEPA) and funding needs for the planning development. The Refuge Manager and Coordinator. The Regional program. Planning Team Leader submit the final Environmental (NEPA) Coordinator E. Planning Team Leader. The CCP through line supervision for provides technical assistance on NEPA- Planning Team Leader is responsible for concurrence and approval by the related matters. initiation of the planning process, Regional Director. The Refuge Manager BILLING CODE 4310±55±P
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BILLING CODE 4310±55±C
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Refuge Management C. To encourage that we conduct through some of the steps more than Part 602 National Wildlife Refuge refuge planning in concert with an once or to have several steps occurring System Planning ecosystem approach. This includes simultaneously. Actions within each of conducting concurrent refuge planning the eight steps may not be sequential. Chapter 2 Comprehensive Conservation for refuges within the same watershed (1) Preplanning: Plan the Plan Planning Process or ecosystem, and to consider the 602 FW 2 broader goals and objectives of the (a) Planning Team. Assemble the ecoregion, ecosystems and watersheds planning team, including the Planning 2.1 What is the purpose of this in which refuges are located when Team Leader, the Refuge Manager and chapter? Comprehensive Conservation developing management direction. key staff members, and appropriate Plans (CCPs) describe the desired future D. To support management decisions support staff or specialists from both conditions of a refuge, and provide long- and their rationale by sound regional and ecosystem teams (e.g., range guidance and management professional judgment. fisheries, cultural resources, endangered direction for the Refuge Manager to E. To provide a forum for the public species, external affairs/outreach, realty, accomplish the purposes of the refuge, to comment on the type, extent, and contaminants, migratory birds, water contribute to the mission of the System, compatibility of uses on refuges. resources, etc.). The planning team also and meet other relevant mandates. The F. To provide a uniform basis for may include representatives from purpose of this chapter is to describe a budget requests for operational, appropriate State or Tribal conservation systematic decision-making process that maintenance, and capital improvement agencies, and any agency that may have fulfills the requirements we are programs. a direct land management relationship G. To ensure public involvement in establishing for developing a CCP. It is with the refuge. refuge management decisions by not the intent of this policy to provide (b) Identify Planning and Compliance step-by-step direction on how to prepare providing a process for effective coordination, interaction, and Requirements and Special a CCP but rather to establish the Designations. The planning team will requirements and standards to which cooperation with affected parties, including Federal agencies, State identify planning and compliance we will hold all CCPs. Experienced requirements by reviewing our mission planners lead the CCP process. We conservation agencies, Tribal governments, local governments, statements and those of the System, as strongly encourage the Refuge Manager well as refuge purposes and establishing and other key planning team members conservation organizations, adjacent landowners, and interested members of legislation of the refuge. See Exhibit 2 to attend the National Conservation for a list of laws and Executive Orders Training Center (NCTC) course on the public. 2.4 What is the Comprehensive that may apply and Exhibit 3 for a Refuge Comprehensive Conservation checklist of elements we must include Planning. Conservation Planning process? A. The Comprehensive Conservation within a CCP. The planning team will 2.2 What is our policy for CCPs? We Planning process (see Exhibit 1) identify and review other relevant will prepare a CCP for each refuge in provides consistent guidelines for mandates including laws, executive existence as of October 9, 1997, by developing CCPs. We designed the orders, regulations, and our policies, October 2012. For refuges established planning process to result in the especially those with compliance after October 9, 1997, we will prepare development of vision statements, goals, requirements. The planning team also CCPs when we staff the refuge and objectives, and management strategies will review any existing special acquire a land base sufficient to that achieve refuge or planning unit designation areas such as wilderness, accomplish refuge purposes, but no later purpose(s), contribute to the fulfillment research natural areas, wild and scenic than 15 years after establishment of the of the System mission, and meet other rivers, wetlands of international refuge. To the extent practicable, we relevant mandates. importance, Western Hemisphere will coordinate the development of B. Each CCP will comply with the shorebird reserves, etc., and will CCPs with affected States. We will provisions of the National specifically address the potential for any continue to manage each refuge or Environmental Policy Act (NEPA) new special designations. Concurrent planning unit with existing plans through the concurrent preparation of with the CCP process we will conduct effective prior to October 9, 1997, to the an Environmental Assessment (EA) or a wilderness review and incorporate a extent these plans are consistent with Environmental Impact Statement (EIS) summary of the review into the CCP. the Refuge Administration Act, until we that will accompany or be integrated Refer to the wilderness section of the revise such plans or new CCPs with the CCP. We have integrated NEPA manual (Part 610) for guidance. supercede them. Upon completion of a compliance requirements directly into (c) Purpose and Need for the Plan. CCP, we will manage the refuge or the CCP planning process. When The purpose of developing the CCP is to planning unit in a manner consistent preparing an EA, consider integrating it provide the Refuge Manager with a 15- with the CCP. We will revise the CCP into the draft CCP. When preparing an year management plan for the every 15 years thereafter, or earlier, if EIS with a CCP, integrate the conservation of fish, wildlife, and plant conditions that affect the refuge or documents. See Exhibit 1. Following resources and their related habitats, planning unit change significantly. completion of the final CCP/NEPA while providing opportunities for 2.3 What are our goals for document, the product of the compatible wildlife-dependent Comprehensive Conservation Planning? Comprehensive Conservation Planning recreational uses. The CCP, when fully A. To provide a clear and process will be a stand-alone CCP, implemented, should achieve planning comprehensive statement of desired separate from the EA or EIS. unit purpose(s), contribute to the future conditions for each refuge or C. Our Comprehensive Conservation mission of the System, and address any planning unit. Planning process consists of the relevant mandates. The CCP must be B. To help ensure that we manage following eight steps. Although we specific to the planning unit and each refuge to fulfill the mission of the display the steps sequentially, CCP identify the overarching wildlife, System as well as the specific purposes planning and NEPA documentation are public, or management needs for the for which we established that refuge. iterative processes. It is normal to cycle refuge.
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(d) Planning Area, Data Needs, and and Deep Water Habitats (FGDC–STD– data. Identify any additional Data Standards. Identify the 004). Compliance with these standards information and data needed where relationship between the planning unit will facilitate the sharing and exchange appropriate. and its ecosystem(s) as well as of high-quality vegetation and wetland (h) Public Involvement/Outreach relationships between the refuge and data among Federal agencies and their Planning. The planning team will any other refuges or protected areas. partners. We also are developing other prepare a Public Involvement/Outreach Identify data available to address issues data standards, such as cartographic Plan indicating how and when we will discussed in Step (g) Internal Scoping. standards for delineation of refuge invite the affected public to participate You do not need to develop new data boundaries and land status. in the development of the CCP. for the CCP; the CCP can identify the (f) Vision and Goals. Review the Establish a mailing list. Identify need for further data collection as a part existing planning unit vision statement appropriate techniques and materials to of plan implementation and refinement. and goals and determine the need for use in public involvement efforts. Identify and describe the following as revision. If these do not exist, prepare Public involvement and outreach are appropriate (also see Exhibit 3). draft vision and goals for consideration integrated into each step and will (i) Distribution, migration patterns, during public scoping. At a minimum continue throughout the planning and abundance of fish, wildlife, and each refuge should develop goals within process. For additional information on plant populations, including any the following management areas: public involvement techniques, consult threatened or endangered species, and habitat; fish, wildlife, and plant the Public Participation Handbook (U.S. related habitats. populations; compatible wildlife- Fish and Wildlife Service, 1985) or the (ii) Significant problems that may dependent recreation; and other NCTC Refuge Comprehensive adversely affect the populations and relevant mandates (such as refuge- Conservation Planning Course habitats of fish, wildlife, and plants specific legislation, executive orders, Handbook and Reference Notebook. found within the planning unit and the special area designations, etc.). In some (i) Work Plan/Planning Schedule. actions necessary to correct or mitigate cases, one or more of these areas will Establish a work plan or planning the problems. not require goal statements because schedule for the project. Determine who (iii) Diversity of habitats and natural opportunities do not exist in the will be responsible for carrying out communities. management area. Goals will reflect identified tasks, gathering information (iv) Archaeological and cultural planning unit purposes, contribute to and data, and preparing products resources. the mission of the System, and will be identified in the work plan or schedule. (v) Land acquisition or habitat consistent with relevant mandates and Identify all key NEPA compliance steps protection efforts. principles of sound fish and wildlife and public involvement activities. (vi) Habitat management practices. management. Planning unit goals will Identify any additional expertise, (vii) Natural and historic role of fire also reflect ecosystem goals to the extent besides the planning team, required to and other major disturbance agents these goals do not conflict with the prepare the CCP. This may include an affecting ecological processes. System mission or the purposes for economist, a facilitator for public and (viii) Water resources including which we established the refuge. We other meetings, contracted professional quality and quantity. also may develop refuge goals for our services, etc. (ix) Known or suspected sources of relevant mandates. Subsequently, we (j) Planning Record. Establish a environmental contaminants and their will develop objectives and strategies Planning Record to document the potential impacts on the planning unit for planning unit goals (see 602 FW 2.5 preparation of the CCP and NEPA (refer to the Contaminant Assessment (D)(a) Objective Development). For compliance, and assign its maintenance Program). additional information on developing to a team member. The Planning Record (x) Opportunities for compatible goals and objectives, see the Writing will serve as a valuable reference source wildlife-dependent recreation. Refuge Management Goals and and provide important background and (xi) Potential need for administrative Objectives: A Handbook (March 1996). historical information. If there is a legal sites or visitor facilities. (g) Internal Scoping. The planning challenge to the CCP, use the Planning (xii) Existing administrative team begins the internal scoping process Record to construct the Administrative resources, including staffing, funding, by identifying management concerns, Record. For additional information on and facilities. issues, and opportunities to resolve the Planning Record, consult the NCTC (xiii) Existing special management them, as well as any potential impacts Refuge Comprehensive Conservation areas, or the potential for such and alternatives that we may need to Planning Course Handbook and designations (e.g., wilderness, research address in the CCP and the NEPA Reference Notebook. natural areas, and wild and scenic analysis. Identify any significant (2) Initiate Public Involvement and rivers). problems that may adversely affect the (e) Review all available information, populations and habitats of fish, Scoping plans, data, maps, and data standards. wildlife, and plants found within the (a) Notice of Intent. Prepare a Notice Based on this review, determine what planning unit (including candidate, of Intent (NOI) to prepare a CCP, with the initial planning area should include threatened, and endangered species) appropriate NEPA compliance, and and identify any additional information and the actions necessary to correct or publish the notice in the Federal and data needs, including mapping and mitigate such problems. Make a Register. The notice initiates public GIS needs. Note: All Federal agencies preliminary assessment of water quality scoping for the CCP/NEPA planning and and their contractors must comply with and quantity issues. See 403 FW1–3. decision-making process. If we initially data standards endorsed by the Federal Identify the potential need for determine that we will prepare an EIS Geographic Data Committee (Executive administrative sites or visitor facilities, for the CCP, the NOI should specify Order 12906; 59 FR 17671, April 13, and land acquisition. Review the that. If at any time during the planning 1994). Of particular relevance to refuge background, rationale, and the success process we decide to prepare an EIS, we planning are the Vegetation or failure of any controversial will publish a NOI to prepare an EIS in Classification Standard (FGDC–STD– management actions, and determine the Federal Register. A 30-day comment 005) and the Classification of Wetlands whether you need more information or period will follow this notice.
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(b) Public Scoping. Using news issues, impacts, and benefits for each Handbook (March 1996). Prepare step- releases to the local media and other alternative. down management plans to provide the appropriate means, notify the affected (a) No Action Alternative. Define the specific details of how to implement public of the opportunity to participate No Action Alternative, which usually some strategies, and accomplish some in the preparation of the CCP and begin will be a continuation of current objectives, if needed. the scoping process. Conduct public planning unit management strategies, (e) Strategy Development. Develop involvement activities and gather public fish, wildlife, plant populations, habitat, strategies to identify the specific comments on any existing planning unit and public use management with no actions, tools, or techniques which are vision statements, goals, and objectives. changes, or changes that would have necessary to accomplish each objective. Encourage the public to help identify occurred without the CCP. Develop Strategies represent specific projects potential issues, management actions maps that depict the No Action that provide the detail required to assess and concerns, significant problems or Alternative and document current and develop funding, staffing, and impacts, and opportunities or management strategies. partnerships needed to implement the alternatives to resolve them. (b) A Range of Alternatives. Develop plan. Develop inventory and monitoring (c) Issues and Data Needs. Analyze all a range of alternatives, or different strategies to measure implementation comments gathered and recorded during approaches to planning unit results in quantifiable and verifiable the scoping process. Identify any new management, that we could reasonably ways. We may need step-down issues, concerns, or significant undertake to achieve planning unit management plans to provide the problems, opportunities to resolve them, goals and resolve any significant issues specific details of how to implement and potential refinements or revisions of identified. Combine different sets of some strategies. existing planning unit vision objectives and strategies to provide (f) Environmental Consequences. statements, goals, and objectives. Based alternatives for management of the Assess the environmental consequences on this analysis, identify any additional refuge. Give an equal effort to each of implementing each alternative as information and data needed. alternative regarding specific objectives required by NEPA. Compare the and strategies so that the decision-maker consequences of implementing each (3) Review Vision Statement and Goals can make an informed choice. NEPA alternative in relation to the No Action and Determine Significant Issues requires an equal and full analysis of all Alternative, which serves as a baseline. (a) Vision and Goals. Review and alternatives considered for Describe the adverse and beneficial evaluate the public’s comments on the implementation. impacts of implementing each planning unit vision statement and (c) Proposed Action. Identify our alternative on fish, wildlife, and plants, goals. Based on this review, modify the proposed action. This may be the and their habitats; any threatened or vision and goals for the planning unit as alternative that best achieves planning endangered species; cultural resources; appropriate. See 602 FW2.5A(5). unit purpose(s), vision, and goals; the local economy; the ability to provide (b) Determine Significant Issues. contributes to the System mission; opportunities for compatible wildlife- Review and evaluate all potential issues, addresses the significant issues and dependent recreational uses; and other management concerns, and problems relevant mandates, and is consistent issues identified earlier in the planning and the opportunities to resolve them with principles of sound fish and process. This analysis must provide the that the planning team or the public wildlife management. Our proposed level of detail necessary to assess the have identified. Identify those issues action is, for all practical purposes, the compatibility of all proposed uses. and concerns that are significant and draft CCP for the planning unit. Describe each alternative’s ability to that the CCP and associated NEPA (d) Objective Development. Develop achieve planning unit purpose(s), document will address. Document the objectives to address each goal. Consult vision, and goals; contribute to the rationale for selecting significant issues, our manual chapters on habitat System mission; and address the as well as the rationale for not selecting management, populations management, significant issues and relevant the other issues and concerns (e.g., and wildlife-dependent recreation mandates. This assessment will also outside the scope of the CCP, does not during the development of objectives. identify the funding, staffing, and contribute to meeting refuge purposes/ The planning team should develop facilities required for implementation of mission, etc.). detailed, quantitative objectives when each alternative. (4) Develop and Analyze possible, using available information. Alternatives, Including the Proposed Developing detailed objectives at this (5) Prepare Draft Plan and NEPA Action. This part of the process is not stage will expedite development of step- Document sequential, it is iterative. Iterations of down plans. Develop objectives for (a) Draft CCP and NEPA Document. issue assessment; refinement and specific refuge habitat types, Concurrently prepare the draft CCP and development of goals, objectives, and management units, key species (e.g., appropriate NEPA documentation. strategies; analysis and comparison of migratory birds and threatened and When preparing an EA, consider impacts and benefits of management endangered species), wildlife-dependent integrating the draft CCP with the EA. actions; and the packaging or combining recreation, monitoring populations of When preparing an EIS with a CCP, of similar themes or programs to fish, wildlife, and plants and their integrate the documents. If you decide develop preliminary alternatives result habitats, and other areas of to prepare separate documents, see in the development of alternative management. Objectives may also deal Exhibit 4 for a recommended CCP management plans, and assessment of with station information needs (for outline. If the documents are separate, their environmental consequences. Start example, including the development of the proposed action and alternatives in the process by defining the No Action baseline data), administrative needs, the EA/EIS must fully contain all of the or Continuation of Current Management and any other issues we need to address major actions of the draft CCP. If you Alternative. The alternatives should to meet the goals of the refuge. decide to merge the CCP and NEPA reflect different sets of strategies and Document the rationale which supports documents, see Exhibit 5 for a actions to achieve refuge purposes, goals each objective. The planning team also recommended outline. During the and objectives. Consider presenting this should consult Writing Refuge process of preparing the plan, refer to information in a matrix comparing Management Goals and Objectives: a Exhibit 3 to ensure that you include all
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The Preservation Act, Section 14 of the clear that we are seeking concurrent Refuge Manager and Planning Team Archaeological Resources Protection review on compatibility determinations. Leader submit the final CCP and the Act, Executive Order 13007—Protection Provide a minimum of 30 days review FONSI through line supervision for of Sacred Sites, Executive Order for a draft CCP with an EA and 60 days concurrence and approval by the 11990—Protection of Wetlands, for a draft CCP with a draft EIS. Make Regional Director. The Regional Director Executive Order 11988—Floodplain copies of the draft CCP and NEPA will sign and date both the FONSI and Management, etc. See Exhibit 2 for a list document available to appropriate the final CCP. Following approval, print of relevant mandates to consider during elected officials; Federal, State, and and distribute the final documents and the planning process. local agencies; Tribal governments; appropriate appendices. Provide the (b) Compatibility Determinations. organizations; libraries; adjacent FONSI to all interested and affected Complete or recertify compatibility landowners; and individuals requesting parties. Concurrent with distribution of determinations as part of the CCP them. Conduct appropriate public the FONSI, provide the final, approved process for all individual uses, specific involvement activities as called for in CCP or a summary to all interested use programs, or groups of uses the Public Involvement/Outreach Plan. parties. In some cases we may require a associated with our proposed action. Document all public comments, both 30-day public review period for the Prepared concurrently with the CCP, written and oral, received on the draft FONSI (see 550 FW 3.3 B(4)(c)). In these incorporate the draft compatibility CCP and NEPA document as part of the cases, we may not sign or release the determinations into the draft CCP as an planning record. final CCP until the end of the 30-day appendix. We require public review and review. comment for all compatibility (6) Prepare and Adopt Final Plan (ii) CCP with an EIS and ROD. The determinations. We can achieve this (a) Public Comment, Analysis, and Refuge Manager and Planning Team concurrently through public review and Response. Review and analyze all Leader submit the final CCP/EIS comment of the draft CCP and NEPA written and oral comments received through line supervision for document. While other alternatives do from the public on the draft CCP and concurrence and approval to release not require formal compatibility NEPA document. Determine which these documents to the public. Provide determinations, assess the comments are substantive and warrant the final EIS to interested and affected environmental consequences, and, for written response. Modify the parties for at least 30 days prior to all practical purposes, compatibility of document(s) as appropriate. Prepare a issuing a ROD. After a minimum of 30 all uses proposed in those alternatives summary of the public comments days, submit the ROD through line in the NEPA document. For additional received and a statement of the supervision for concurrence and information on compatibility disposition of concerns expressed in approval by the Regional Director. The determinations, consult the Service those comments, noting where we have Regional Director will sign and date Manual, Part 603, Chapter 3 (603 FW 3). changed the document(s) or why we did both the ROD and the final CCP. (c) Interim Compatibility not make such changes. Incorporate the Following approval, print the final Determinations. If our proposed action summary and statement of disposition documents and appropriate appendices. includes expanding the planning unit into the final document(s) (usually in Provide the ROD or notification of its by acquiring new lands, the draft CCP the NEPA document or a CCP availability to all interested and affected and NEPA documents also must identify appendix). parties. Concurrent with the release of any existing wildlife-dependent (b) Final CCP and NEPA Document(s). the ROD, provide or make available the recreational uses occurring on those Identify our preferred alternative and final, approved CCP or a summary to lands. Also identify those uses deemed prepare the final CCP and appropriate interested parties. Effective with the compatible that we may allow to NEPA documentation. The preferred signing and release of the ROD, continue on an interim basis once we alternative can be the proposed action, implement the CCP. acquire the lands, pending completion no action alternative, or another (iii) The final product of the CCP of the CCP. Incorporate these interim alternative discussed in the draft CCP process is a stand-alone CCP (the compatibility determinations into the and NEPA document. Following preferred alternative for the planning draft CCP and NEPA document. completion of the final CCP/NEPA unit). (d) Internal Review. Submit the draft document, the product of the CCP (e) Public Notice. Prepare a Notice of CCP and NEPA document for internal process is a stand-alone CCP (the Availability of the final approved CCP review within the Region following preferred alternative for the planning and NEPA document(s) and publish it established regional procedures. Also unit). During the process of preparing in the Federal Register. Notify the submit these documents for internal the final plan, refer to Exhibit 3 to affected public of the availability of the review to all Regional Planning ensure that you include all required final document(s) and through other Coordinators and the Washington Office elements. appropriate means, as identified in the Planning Coordinator. Consider all (c) Internal Review. Submit the final Public Involvement/Outreach Plan. comments received from the internal document(s) for internal review within Send copies of all final documents to reviews and make appropriate changes the region according to established the regional and Washington Office to the draft document. Print the draft regional procedures. Consider all Planning Coordinators. Make copies of CCP and NEPA document and prepare comments received from the internal the final approved CCP and NEPA for public review. review and make appropriate changes to document(s) available to appropriate (e) Public Notice, Review, and the final document(s). elected officials; Federal, State, and Comment. Prepare a Notice of (d) Decision Document. The decision local agencies; Tribal governments; Availability of the draft CCP and NEPA document will certify that agency organizations; libraries; adjacent
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BILLING CODE 4310±55±C
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EXHIBIT 2ÐMANDATES TO CONSIDER DURING COMPREHENSIVE CONSERVATION PLANNING
Applicable Yes/No
Statutes Alaska National Interest Lands Conservation Act of 1980, as amended ...... llllll American Indian Religious Freedom Act of 1978 ...... llllll Americans with Disabilities Act of 1990 ...... llllll Anadromous Fish Conservation Act of 1965, as amended ...... llllll Antiquities Act of 1906 ...... llllll Archaeological and Historic Preservation Act of 1974 ...... llllll Archaeological Resources Protection Act of 1979, as amended ...... llllll Bald and Golden Eagle Protection Act of 1940, as amended ...... llllll Clean Air Act of 1970 ...... llllll Clean Water Act of 1974, as amended ...... llllll Coastal Zone Management Act of 1972, as amended ...... llllll Emergency Wetlands Resources Act of 1986 ...... llllll Endangered Species Act of 1973, as amended ...... llllll Farmland Protection Act of 1981, as amended ...... llllll Federal Cave Protection Act of 1988 ...... llllll Federal Noxious Weed Act of 1990 ...... llllll Fish and Wildlife Act of 1956 ...... llllll Fish and Wildlife Coordination Act of 1958 ...... llllll Fishery (Magnuson) Conservation and Management Act of 1976 ...... llllll Marine Mammal Protection Act of 1972, as amended ...... llllll Migratory Bird Conservation Act of 1929 ...... llllll Migratory Bird Hunting and Conservation Stamp Act of 1934 ...... llllll Migratory Bird Treaty Act of 1918, as amended ...... llllll National Environmental Policy Act of 1969 ...... llllll National Historic Preservation Act of 1966, as amended ...... llllll National Wildlife Refuge System Administration Act of 1966, as amended ...... llllll Native American Graves Protection and Repatriation Act of 1990 ...... llllll Refuge Recreation Act of 1962, as amended ...... llllll Rivers and Harbors Act of 1899 ...... llllll Water Resources Planning Act of 1965 (sole-source aquifers) ...... llllll Wild and Scenic Rivers Act of 1972, as amended ...... llllll Wilderness Act of 1964, as amended ...... llllll Executive Orders Executive Order 11644, Use of Off-Road Vehicles on Public Lands ...... llllll Executive Order 11987, Exotic Organisms ...... llllll Executive Order 11988, Floodplain Management ...... llllll Executive Order 11990, Protection of Wetlands ...... llllll Executive Order 12898, Environmental Justice for Minority Populations ...... llllll Executive Order 12996, Management and General Public Use of the National Wildlife Refuge System ...... llllll Executive Order 13007, Indian Sacred Sites ...... llllll Executive Order 13084, Consultation and Coordination with Indian Tribal Governments ...... llllll
Exhibit 3—Checklist of Required species, priority public use wildlife, and plants, as they occur Comprehensive Conservation Plan program). throughout their natural ranges; Elements ll Identify any relevant mandates that ll describe the natural and historic apply to the area or the proposed role of fire and other ecological ll Short description of the refuge to plan. processes; include: ll ll ll Description of the refuge identify any existing special Size environment: management areas (e.g., wilderness, ll Establishment date ll ll the distribution, migration wild and scenic rivers); Regional setting (include area patterns, and abundance of fish ll the relationship between the map) planning unit and other refuges and ll wildlife, and plant populations Status of acquisition protected areas. ll within the planning unit; Current management (including ll the archaeological and cultural Exhibit 3 a map) values of the planning unit; ll Current staffing ll refuge land status map; ll Document and describe the ll Existing partnerships ll description of refuge (planning following: ll Purpose(s) for which we area) vegetation types (map ll the need for administrative sites established the refuge required); or visitor facilities and areas within ll Refuge System mission and goals. ll description of vegetation/land the planning unit that are suitable ll Ecosystem goals and objectives. cover and wildlife habitat for such sites; ll Goals and objectives for other relationships; ll significant problems that may landscape level plans. ll description of wildlife habitat adversely affect the populations and ll National goals and objectives for and species relationships; habitats of fish, wildlife, and plants species, species groups, or programs ll describe the context of the refuge within the planning unit and the (e.g., shorebirds, an endangered in meeting the habitat needs of fish, actions necessary to correct or
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mitigate such problems; ll NEPA documentation. Purpose of and Need for Plan ll summary of management history; NWRS Mission, Goals and Guiding ll Note: Some of these required elements may water quantity and quality not be available. In these cases, you need to Principles requirements and issues; develop objectives or strategies in the plan to History of Refuge Establishment, ll identify all known or suspected acquire that information. Acquisition and Management sources of environmental Legal and Policy Guidance contaminants and their potential Exhibit 4—Refuge Comprehensive Refuge Purpose(s) impacts (i.e., Contaminant Conservation Plan Recommended Refuge Vision Statement Assessment Program); Outline Refuge Management Direction: Goals ll opportunities for compatible Cover Sheet Refuge Management Policies and wildlife-dependent recreational Title/Approval Page Guidelines uses; Acknowledgments Step-down Management Plans ll other significant issues of Table of Contents Description of Planning Process management or public concern; Summary Planning Issues ll the potential for special I. Introduction/Background Plan Amendment and Revision management areas (e.g., wilderness, Refuge Overview: History of Refuge II. Alternatives, Including the Service’s wild and scenic rivers, research Establishment, Acquisition and Proposed Action natural areas). Management Description of Each Alternative ll Refuge Vision Statement Purpose of and Need for Plan Refuge Management Direction: ll Refuge goals for at least the NWRS Mission, Goals and Guiding Objectives and Strategies following areas: Principles Funding and Personnel ll habitat management (including Refuge Purpose(s) Partnership Opportunities land protection needs as Refuge Vision Statement Monitoring and Evaluation appropriate); Legal and Policy Guidance Alternatives Considered, but ll fish, wildlife, and plant Existing Partnerships Eliminated from Detailed Study populations management; II. Planning Process Summary Comparison of Alternatives ll wildlife-dependent recreation; Description of Planning Process III. Affected Environment ll others as needed to meet relevant Planning Issues Geographic/Ecosystem Setting mandates (e.g., wilderness, wild III. Summary Refuge and Resource Refuge Resources, Cultural Values and scenic rivers, cultural Descriptions and Uses resources, etc.). Geographic/Ecosystem Setting IV. Environmental Consequences Refuge Resources, Cultural Values ll Objectives for each goal, including Environmental Effects of Each and Uses Alternative objectives to monitor the status and Special Management Areas trends of fish, wildlife and plants V. List of Preparers IV. Management Direction VI. Consultation and Coordination with which will evaluate the Refuge Management Direction: Goals, effectiveness of the plan. Others ll Objectives and Strategies/Projects Summary of Public Involvement/ Strategies to achieve each Refuge Management Policies and objective. Comments ll Guidelines Mailing List Map(s) of desired future conditions V. Implementation and Monitoring (e.g., habitat management areas, Appendices Funding and Personnel Glossary facilities, wildlife-dependent Step-down Management Plans Bibliography recreation sites, etc.). Partnership Opportunities ll RONS List Identify step-down management Monitoring and Evaluation MMS List plans required to fully implement Plan Amendment and Revision the plan. Appendices Compatibility Determinations ll Prioritized list of projects and Glossary Habitat/Land Protection Plan(s) estimated project costs (update Bibliography Compliance Requirements priorities and cost estimates RONS List Others, as appropriate annually). MMS list Refuge Management ll Staffing required to implement the Compatibility Determinations plan. Habitat/Land Protection Plan(s) Part 602 National Wildlife Refuge ll Potential partnership Compliance Requirements System Planning opportunities. NEPA Documentation Chapter 3 Step-Down Management ll Monitoring plan to evaluate the Summary of Public Involvement/ Planning effectiveness of the plan and project Comments and Consultation/ 602 FW 3 implementation, including Coordination monitoring of target fish, wildlife, Mailing List 3.1 What is the purpose of this and plant populations and their List of Preparers chapter? This chapter provides habitats. Others, as appropriate guidance on step-down management ll Summary of public involvement planning. process, comments, and Exhibit 5—EA or EIS Incorporating 3.2 What is our policy for step- consultation and coordination with Elements of a CCP Recommended down management planning? Prepare other Federal agencies, State Outline step-down management plans when conservation agencies, and adjacent Cover Sheet required by policy or identified in landowners. Acknowledgments Comprehensive Conservation Plans ll Compatibility determinations. Table of Contents (CCPs) and when they may be necessary ll Wilderness review. Summary to provide additional detail for ll Habitat/Land Protection Plans (if I. Introduction, Purpose of and Need for achieving objectives or implementing applicable). Action management strategies identified in
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CCPs. Step-down management plans address management programs in detail Step-down management Service manual should include public involvement and during the preparation of the CCP. plans reference National Environmental Policy Act Determining which programs we can (NEPA) compliance documentation, as address in detail in the CCP depends on Public Use Natural (611 FW 2) appropriate. Develop step-down several factors, including the degree of Areas. public interest, the amount of available Wild and Scenic Riv- (611 FW 3) management plans following the ers. planning process guidance in 602 FW 2. information, and the complexity of the National Trails ...... (611 FW 4) (Consult your NEPA Coordinator.) issues. Wilderness Area (Part 610) 3.3 What is the applicability of step- 3.4 How do we combine step-down Management. down management planning and its management plans? Address Man in the Bio- (National Park relationship to Comprehensive management subjects individually or sphere Reserve. Service) Conservation Plans? combined into a single, integrated step- Western Hemisphere A. Step-down management planning down plan. This decision rests with the Shorebird Re- is the formulation of detailed plans that Refuge Manager. Base the decision on serves. describe management activities management strategies defined in the Ramsar Convention (International Legal Materials necessary to achieve objectives or CCP, the relationship between management program areas, and the 11:963±976) implement management strategies Minerals Management .... (Part 612) identified in the CCP. complexity of the programs under Minerals and Mining (612 FW 1) B. Step-down plans describe the consideration. Some program areas, Oil and Gas ...... (612 FW 2) specific management actions we are to such as fire management and habitat Long-Range Water Man- (403 FW 1.4) follow, ‘‘stepping down’’ from general management, logically suggest an agement Plan. goals, objectives, and strategies. The integrated approach. Cultural Resources Man- (Part 614) preparation of new step-down plans or 3.5 What is the list of potential step- agement. substantial changes to existing step- down management plans? Following is Habitat Management (Part 620) the current list of potential refuge step- Plan (HMT). down plans typically will require Fire Management ...... (Part 621) further compliance with NEPA and down management plans. Consider all of these plans during the CCP process. Wildlife-dependent (Part 605) other policies, and opportunity for Recreation. public review. For public use plans or The CCP will document which plans we Hunting (required) ... (605 FW 2) other step-down plans dealing with require for the station. Fishing (required) .... (605 FW 3) proposed uses of the refuge, prepare and Wildlife Observation (605 FW 4) Step-down management Service manual Wildlife Photography (605 FW 5) append compatibility determinations to plans reference the plan. Environmental Edu- (605 FW 6) cation. C. The CCP will identify which step- Occupational Safety and (Part 240) Interpretation ...... (605 FW 7) Health (required). down management plans are necessary Law Enforcement ...... (Parts 440±459) Safety Program ...... (240 FW 1±9) and provide a schedule for their Populations Management (Part 701) Safety Operations ... (241 FW 1±8) completion. While we require certain Wildlife Inventories .. (701 FW 2) step-down plans for all refuges, we may Industrial Hygiene ... (242 FW 1±13) Emergency Spill Re- (242 FW 6.1) Propagation and (701 FW 3) require others, such as fire management sponse Plan. Stocking. and pest management depending on Compliance Require- (Part 561) Marking and Band- (701 FW 4) refuge resources, specific program ments. ing. requirements, or the need for additional Spill Prevention (561 FW 3) Disease Prevention (701 FW 7) details to implement management Control and Coun- and Control. Fishery Management (Part 710) strategies identified in CCPs. In the termeasures Plan. Pollution Prevention (560 FW 1 and Trapping ...... (631 FW 4) absence of an approved CCP, we may Pest Management ... (562 FW 2) develop step-down plans to describe Plan. 560 FW 2) Hazardous Waste (561 FW 6) Exotic Species Man- (Part 751) goals, objectives, management strategies, Contingency Plan. agement. and details necessary to implement a Special Management (Part 611) Air Quality Management (563 FW 2) management program. Areas. D. As an alternative to separate step- Research Natural (611 FW 1) [FR Doc. 99–20923 Filed 8–12–99; 8:45 am] down management plans, we may Areas. BILLING CODE 4310±55±P
VerDate 18-JUN-99 15:33 Aug 12, 1999 Jkt 183247 PO 00000 Frm 00016 Fmt 4701 Sfmt 4703 E:\FR\FM\A13AU3.288 pfrm04 PsN: 13AUN4 eDt 8JN9 54 u 2 99Jt134 O000Fm001Ft41 ft41 :F\MA3U.4 fm3PsN:13AUP2 pfrm03 E:\FR\FM\A13AU2.049 Sfmt4717 Fmt4717 Frm00001 PO00000 Jkt183247 15:42Aug12, 1999 VerDate 18-JUN-99 federal register August 13,1999 Friday Proposed Rule Ceded Landsforthe1999±2000Season; Certain FederalIndianReservationsand Migratory BirdHuntingRegulationson Migratory BirdHunting:Proposed 50 CFRPart20 Fish andWildlifeService Interior Department ofthe Part V 44383 44384 Federal Register / Vol. 64, No. 156 / Friday, August 13, 1999 / Proposed Rules
DEPARTMENT OF THE INTERIOR usual framework dates and season adversely affect the status of the length, with some added flexibility in migratory bird resource. Fish and Wildlife Service daily bag and possession limits. Before developing the guidelines, we In all cases, the regulations 50 CFR Part 20 reviewed available information on the established under the guidelines must current status of migratory bird RIN 1018±AF24 be consistent with the March 10 to populations; reviewed the current status September 1 closed season mandated by of migratory bird hunting on Federal Migratory Bird Hunting; Proposed the 1916 Migratory Bird Treaty with Indian reservations; and evaluated the Migratory Bird Hunting Regulations on Canada. The guidelines apply to those potential impact of such guidelines on Certain Federal Indian Reservations tribes having recognized reserved migratory birds. We concluded that the and Ceded Lands for the 1999±2000 hunting rights on Federal Indian impact of migratory bird harvest by Season reservations (including off-reservation tribal members hunting on their AGENCY: Fish and Wildlife Service, trust lands) and on ceded lands. They reservations is minimal. also apply to establishing migratory bird Interior. One area of interest in Indian hunting regulations for non-tribal ACTION: Proposed rule. migratory bird hunting regulations members on all lands within the relates to hunting seasons for non-tribal SUMMARY: The U.S. Fish and Wildlife exterior boundaries of reservations members on dates that are within Service (hereinafter Service or we) where tribes have full wildlife Federal frameworks, but which are proposes special migratory bird hunting management authority over such different from those established by the regulations for certain tribes on Federal hunting or where the tribes and affected State(s) where the reservation is located. Indian reservations, off-reservation trust States otherwise have reached A large influx of non-tribal hunters onto lands, and ceded lands for the 1999– agreement over hunting by non-tribal a reservation at a time when the season 2000 migratory bird hunting season. members on lands owned by non- is closed in the surrounding State(s) Indians within the reservation. DATES: To comment on these proposed could result in adverse population Tribes usually have the authority to regulations, you must do so by August impacts on one or more migratory bird regulate migratory bird hunting by 23, 1999. species. The guidelines make this nonmembers on Indian-owned ADDRESSES: Send your comments to: unlikely, however, because tribal reservation lands, subject to Service Chief, Office of Migratory Bird proposals must include: Management, U.S. Fish and Wildlife approval. The question of jurisdiction is Service, ms 634–ARLSQ, 1849 C St., more complex on reservations that (a) Harvest anticipated under the NW., Washington, DC 20240. You may include lands owned by non-Indians, requested regulations; inspect comments during normal especially when the surrounding States (b) Methods that will be employed to business hours in Room 634—Arlington have established or intend to establish measure or monitor harvest (such as bag Square Building, 4401 N. Fairfax Drive, regulations governing hunting by non- checks, mail questionnaires, etc.); Arlington, VA. Indians on these lands. In such cases, (c) Steps that will be taken to limit FOR FURTHER INFORMATION CONTACT: Ron we encourage the tribes and States to level of harvest, where it could be W. Kokel, Office of Migratory Bird reach agreement on regulations that shown that failure to limit such harvest Management, U.S. Fish and Wildlife would apply throughout the would adversely impact the migratory Service, (703/358–1714). reservations. When appropriate, we will bird resource; and consult with a tribe and State with the SUPPLEMENTARY INFORMATION: In the May (d) Tribal capabilities to establish and 3, 1999, Federal Register (64 FR 23742), aim of facilitating an accord. We also will consult jointly with tribal and State enforce migratory bird hunting we requested proposals from Indian regulations. tribes wishing to establish special officials in the affected States where We may modify or establish migratory bird hunting regulations for tribes wish to establish special hunting regulations experimentally, after the 1999–2000 hunting season, under regulations for tribal members on ceded evaluation and confirmation of harvest the guidelines described in the June 4, lands. information obtained by the tribes. 1985, Federal Register (50 FR 23467). Because of past questions regarding We developed guidelines in response to interpretation of what events trigger the We believe the guidelines provide tribal requests for recognition of their consultation process, as well as who appropriate opportunity to reserved hunting rights and, for some initiates it, we provide the following accommodate the reserved hunting tribes, recognition of their authority to clarification. We routinely provide rights and management authority of regulate hunting by both tribal and non- copies of Federal Register publications Indian tribes while ensuring that the tribal members on their reservations. to all State Directors, tribes and others migratory bird resource receives The guidelines include possibilities for: interested parties. It is the responsibility necessary protection. The conservation (1) On-reservation hunting by both of the States, tribes and others to notify of this important international resource tribal and non-tribal members, with us of any concern regarding any is paramount. The guidelines should not hunting by non-tribal members on some feature(s) of any regulations. When we be viewed as inflexible. In this regard, reservations to take place within Federal receive such notification, we will we note that they have been employed frameworks but on dates different from initiate consultation. successfully since 1985. We believe they those selected by the surrounding Our guidelines provide for the have been tested adequately and State(s); continued harvest of waterfowl and therefore, made them final beginning (2) On-reservation hunting by tribal other migratory game birds by tribal with the 1988–89 hunting season. It members only, outside of usual Federal members on reservations where it has should be stressed here, however, that frameworks for season dates and length, been a customary practice. We do not use of the guidelines is not mandatory and for daily bag and possession limits; oppose this harvest, provided it does and no action is required if a tribe and not take place during the closed season wishes to observe the hunting (3) Off-reservation hunting by tribal defined by the 1916 Migratory Bird regulations established by the State(s) in members on ceded lands, outside of Convention with Canada, and does not which the reservation is located.
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Population Status above their respective long term hunt in 1998, but seasonal hunting averages, while pintails (¥30%) and May Breeding Waterfowl and Habitat success declined 4%, from 6.9 to 6.6 scaup (¥18%) were below their long Survey woodcock per successful hunter in 1997 term averages. In the eastern areas of and 1998, respectively. In the Central In the Western or Traditional survey Canada and the U.S., the total number Region, the daily success index in 1998 area, breeding habitat conditions were of ducks (1.3 million) remained was unchanged from the 1997 index (2.1 generally good to excellent, and overall unchanged from last year and the 1995– woodcock per successful hunt) but the better than conditions in 1998. An early 98 average. Abundances of individual seasonal success index increased from warm spring and plenty of precipitation species in the east were similar to those 10.0 to 11.0 (10%) woodcock per resulted in abundant ponds and of last year, except for increased successful hunter. Singing-ground excellent nesting cover in most of the estimates of goldeneye (+196%). Survey data indicated that the number Dakotas, northern Saskatchewan, the Goldeneye was above it’s long term Northwest Territories, and western average (+287%), while blue-winged of displaying woodcock in the Eastern Ontario. The exceptions to these good teal (¥95%) and scaup (¥90%) were Region was unchanged (P>0.1) from conditions were southern and central below theirs. 1998 levels. In the Central Region, there Alberta, central Saskatchewan, and was a 13.4% decrease in the number of western Montana, where a dry early Sandhill Cranes woodcock heard displaying (P<0.01) spring limited nesting habitat; and The Mid-Continent Population of compared to 1998 levels. Trends from Alaska, where spring was as much as 2 Sandhill Cranes appears to have the Singing-ground Survey during weeks late. The estimated number of stabilized following dramatic increases 1989–99 were negative (¥3.3 and May ponds in the traditional survey area in the early 1980’s. The Central Platte ¥3.7% per year for the Eastern and (6.7 million) was 46% greater than that River Valley 1999 preliminary spring Central regions, respectively; P<0.01). of 1998, and 37% greater than the 1974– index, uncorrected for visibility, was There were long-term (1968–99) 98 average. Overall, the traditional 222,500. The photo-corrected 3-year declines (P<0.01) of 2.4% per year in survey area was in good to excellent average for the 1996–98 period was the Eastern Region and 1.6% per year in condition this spring and good to 477,911, which was 3% above the the Central Region. excellent waterfowl production is established population-objective range expected this year. of 343,000–465,000 cranes. All Central Doves and Band-tailed Pigeons An expanded area of Eastern habitat Flyway States, except Nebraska, elected conditions was included this year in the to allow crane hunting in portions of Analyses of Mourning Dove Call- East. Although these additional areas their respective States in 1998–99. count Survey data indicated significant have been surveyed since 1996, About 8,700 hunters participated in declines in doves heard over the most information from them is included this these seasons, which was 8% higher recent 10 years and the entire 34 years year for the first time. Unlike the than the previous year’s seasons. About of the survey in all 3 management units. Western survey area, habitat conditions 21,849 cranes were harvested in 1998– White-winged doves in Arizona are in the east were generally poorer this 99 in the Central Flyway, a 5% increase maintaining a fairly stable population year than last year. Much of the eastern from the previous year’s high estimate. since the late 1970’s. A low harvest is survey area was relatively dry, Harvests from Pacific Flyway, Canada being maintained compared with birds especially Maine, the Maritimes, and Mexico are estimated to be about taken several decades ago. In Texas, the southern Quebec, and southern Ontario. 13,700 for 1998–99 sport-hunting phenomenon of the white-winged dove Conditions resulted in few temporary seasons. The total North American sport range expansion continues. Birds are ponds and low water levels in harvest, including crippling losses, was now seen in most large cities in north permanent water bodies. The northern estimated to be about 41,414 for the and central Texas. White-tipped doves portions of the east were in good to Mid-Continent Population. in Texas are maintaining their excellent condition, but lack of brood The fall 1998 pre-migration survey population with a relatively low harvest rearing habitat is expected to also limit estimate for the Rocky Mountain level. For band-tailed pigeons, the production from this area. Overall, the Population was 18,202, which is similar Coastal population continues to show a eastern survey area was in fair to good to the 1997 estimate. Limited special condition, with fair to good production seasons were held during 1998 in significant decline as indicated by the expected this year. portions of Arizona, Idaho, Montana, Breeding Bird Survey (BBS) for the 10 The 1999 total duck population New Mexico, Utah, and Wyoming, and 32-year periods. In contrast, mineral estimate for the traditional survey area resulting in an estimated harvest of 538 spring counts at 10 selected sites in was 43.4 million birds, an increase of cranes. Oregon indicate an overall stable 11% over that of 1998, and 32% higher population in the state with an than the 1955–98 average. Mallard Woodcock increasing trend since 1986. Call-count abundance was 10.8 million, an increase Wing-collection and Singing-ground survey results in Washington show no of 12% over last year and 47% greater surveys were conducted to assess the significant trends in the bandtail than the long term average. Blue-winged population status of the American population between 1975–98. teal abundance was 7.1 million, similar woodcock (Scolopax minor). The 1998 Washington has not opted to select a to 1998, but 65% greater than the long recruitment index for the Eastern Region hunting season for band-tail pigeons term average. Northern pintail (3.0, (1.7 immatures per adult female) since 1991. The harvest of coastal +21%), scaup (4.4 million, +27%), equaled the long-term regional average; pigeons is estimated to be less than green-winged teal (2.6, +26%), and the recruitment index for the Central 20,000 birds out of a population of northern shoveler (3.9 million, +22%) Region (1.6 immatures per adult female) about 3 million. The Interior band-tailed increased from 1998 estimates. Gadwall was 6% below the long-term regional pigeon population is stable with no (3.2 million, +110%), green-winged teal average. The index of daily hunting trend indicated by the BBS over the (+51%), northern shoveler (+95%), success in the Eastern Region increased short or long-term time periods. Harvest redheads (0.9 million, +60%), and from 1.8 woodcock per successful hunt is less than 1,000 birds. canvasbacks (0.7 million, +29%) were in 1997 to 1.9 woodcock per successful
VerDate 18-JUN-99 15:56 Aug 12, 1999 Jkt 183247 PO 00000 Frm 00003 Fmt 4701 Sfmt 4702 E:\FR\FM\13AUP2.XXX pfrm03 PsN: 13AUP2 44386 Federal Register / Vol. 64, No. 156 / Friday, August 13, 1999 / Proposed Rules
Hunting Season Proposals From Indian for the twenty tribes with proposals that in their possession while hunting. As in Tribes and Organizations meet the established criteria are shown the past, the regulations would apply For the 1999–2000 hunting season, we below. both to tribal and non-tribal hunters, received requests from twenty-three (a) Colorado River Indian Tribes, and non-toxic shot is required for tribes and Indian organizations Colorado River Indian Reservation, waterfowl hunting. Parker, Arizona (Tribal Members and We propose to approve the Colorado appropriate for Federal Register Non-tribal Hunters) River Indian Tribes regulations for the publication. We actively solicit The Colorado River Indian 1999–2000 hunting season. regulatory proposals from other tribal Reservation is located in Arizona and groups that are interested in working California. The tribes own almost all (b) Confederated Salish and Kootenai cooperatively for the benefit of lands on the reservation, and have full Tribes, Flathead Indian Reservation, waterfowl and other migratory game wildlife management authority. Pablo, Montana (Non-tribal Hunters) birds. We encourage tribes to work with In their 1999–2000 proposal, dated For the past several years, the us to develop agreements for June 17, 1999, the Colorado River Indian Confederated Salish and Kootenai management of migratory bird resources Tribes requested split dove seasons. Tribes and the State of Montana have on tribal lands. It should be noted that They propose their early season begin entered into cooperative agreements for this proposed rule includes generalized September 1 and end September 15, the regulation of hunting on the regulations for both early- and late- 1999. Daily bag limits would be 10 Flathead Indian Reservation. The State season hunting. A final rule will be mourning or 10 white-winged doves and the tribes are currently operating published in a late-August 1999 Federal either singly or in the aggregate. The late under a cooperative agreement signed in Register that will include tribal season for doves is proposed to open 1990 that addresses fishing and hunting regulations for the early-hunting season. November 19, 1999, and close January 3, management and regulation issues of The early season begins on September 1 2000. A daily bag limit would be 10 mutual concern. This agreement enables each year and most commonly includes mourning doves. The possession limit all hunters to utilize waterfowl hunting such species as mourning doves and would be twice the daily bag limit. opportunities on the reservation. The white-winged doves. A final rule will Shooting hours would be from one-half tribes proposed special regulations for also be published in a September 1999 hour before sunrise to noon in the early waterfowl hunting were submitted in a Federal Register that will include season and until sunset in the late June 8, 1999, proposal. regulations for late-season hunting. The season. Other special tribally set As in the past, tribal regulations for late season begins on or around October regulations would apply. non-tribal members would be at least as 1 and most commonly includes The tribes also propose duck hunting restrictive as those established for the waterfowl species. seasons. The season would likely open Pacific Flyway portion of Montana. In this current rulemaking, because of October 2, 1999, or on a Saturday and Goose season dates would also be at the compressed time frame for run for the maximum number of days least as restrictive as those established establishing regulations for Indian tribes allowed under the Pacific Flyway for the Pacific Flyway portion of and because final frameworks dates and frameworks. The tribes propose the Montana. Shooting hours for waterfowl other specific information are not same season dates for coots and hunting on the Flathead Reservation are available, the regulations for many tribal common moorhens. The daily bag limit sunrise to sunset. Steel, bismuth-tin, or hunting seasons are described in for ducks, including mergansers, would other Federally-approved non-toxic relation to the season dates, season be the same as that allowed in the shots are the only legal shotgun loads on length and limits that will be permitted Pacific Flyway. The possession limit the reservation for waterfowl or other when final Federal frameworks are would be twice the daily bag limit. The game birds. announced for early- and late-season daily bag limit for coots and common The requested season dates and bag regulations. For example, daily bag and moorhens would be 25, singly or in the limits are generally similar to past possession limits for ducks on some aggregate. The possession limit for coots regulations. Harvest levels are not areas are shown as ‘‘Same as permitted and common moorhens would be twice expected to change significantly. Pacific Flyway States under final the daily bag limit. For geese, the Standardized check station data from Federal frameworks,’’ and limits for Colorado River Indian Tribes propose a the 1993–94 and 1994–95 hunting geese will be shown as the same season of November 20, 1999, through seasons indicated no significant changes permitted by the State(s) in which the January 16, 2000. The daily bag and in harvest levels and that the large tribal hunting area is located. possession limits for geese would be 4, majority of the harvest is by non-tribal The proposed frameworks for early- but could include no more than 3 light hunters. season regulations were published in geese or 2 dark geese. We propose to approve the tribes’ the Federal Register on July 22, 1999 In 1996, the tribe conducted a request for special migratory bird (64 FR 38700); early-season final detailed assessment of dove hunting. regulations for the 1999–2000 hunting frameworks will be published in mid- Results showed approximately 16,100 season. August. Proposed late-season mourning doves and 13,600 white- frameworks for waterfowl and coots will winged doves were harvested by (c) Crow Creek Sioux Tribe, Crow Creek be published in mid-August, and the approximately 2,660 hunters who Indian Reservation, Fort Thompson, final frameworks for the late seasons averaged 1.45 hunter-days. Field South Dakota (Tribal Members and Non- will be published in mid-September. We observations and permit sales indicate tribal Hunters) will notify affected tribes of season that fewer than 200 hunters participate The Crow Creek Indian Reservation dates, bag limits, etc., as soon as final in waterfowl seasons. Under the has a checkerboard pattern of land frameworks are established. As proposed regulations described here ownership, with much of the land previously discussed, no action is and, based upon past seasons, we and owned by non-Indians. Since the 1993– required by tribes wishing to observe the tribes estimate harvest will be 94 season, the tribe has selected special migratory bird hunting regulations similar. waterfowl hunting regulations established by the State(s) where they Hunters must have a valid Colorado independent of the State of South are located. The proposed regulations River Indian Reservation hunting permit Dakota. The tribe observes migratory
VerDate 18-JUN-99 15:42 Aug 12, 1999 Jkt 183247 PO 00000 Frm 00004 Fmt 4701 Sfmt 4702 E:\FR\FM\A13AU2.051 pfrm03 PsN: 13AUP2 Federal Register / Vol. 64, No. 156 / Friday, August 13, 1999 / Proposed Rules 44387 bird hunting regulations contained in 50 Lac Band proposes a September 1 to (e) Grand Traverse Band of Ottawa and CFR part 20. November 28, 1999, season. Proposed Chippewa Indians, Suttons Bay, In their 1999 proposal, the tribe daily bag limits would consist of the Michigan (Tribal Members Only) requested a duck and merganser season following: In the 1995–96 migratory bird of October 9 to December 21, 1999, with Ducks: 20 ducks, including no more seasons, the Grand Traverse Band of a daily bag limit of 6 ducks, including than 10 mallards (only 5 of which may Ottawa and Chippewa Indians and the no more that 5 mallards (1 hen mallard), be hens), 4 black ducks, 4 redheads, 4 Service first cooperated to establish 1 canvasback, 2 redheads, 2 wood pintails, and 2 canvasbacks. special regulations for waterfowl. The ducks, 2 scaup, and 1 pintail. The Mergansers: 5 mergansers, including Grand Traverse Band is a self-governing, merganser daily bag limit would be 5 no more than 1 hooded merganser. federally recognized tribe located on the and include no more than 1 hooded Geese: 10 geese. west arm of Grand Traverse Bay in merganser. For Canada geese, the tribe Coots and Common Moorhens proposes an October 9, 1999, to January Leelanau County, Michigan. The Grand (Common Gallinules): 20 coots and Traverse Band is a signatory tribe of the 9, 2000, season with a 3 bird daily bag common moorhens, singly or in the limit. For white-fronted geese, the tribe Treaty of 1836. We have approved aggregate. special regulations for tribal members of proposes an October 2 to December 12, Sora and Virginia Rails: 25 sora and 1999, season with a daily bag limit of 2. the 1836 treaty’s signatory tribes on Virginia rails singly, or in the aggregate. ceded lands in Michigan since the For snow geese, the tribe proposes an Common Snipe: 8 common snipe. October 2 to December 25, 1999, and 1986–87 hunting season. Woodcock: 3 woodcock. For the 1999–2000 season, the Grand February 19 to March 10, 2000, season The following general conditions with a daily bag limit of 20. Similar to Traverse Band of Ottawa and Chippewa apply: Indians proposes a tribal member duck last year, the tribe also requests a 1. While hunting waterfowl, a tribal sandhill crane season from September season that would run from September member must carry on his/her person a 20, 1999, through January 20, 2000. A 18 to October 24, 1999, with a daily bag valid tribal waterfowl hunting permit. limit of 3. In all cases, except snow daily bag limit of 10 would include no 2. Except as otherwise noted, tribal geese, the possession limits would be more than 1 pintail, 1 canvasback, 1 members will be required to comply twice the daily bag limit. There would hooded merganser, 2 black ducks, 2 with tribal codes that will be no less be no possession limit for snow geese. wood ducks, 2 redheads, and 5 mallards restrictive than the provisions of Shooting hours would be from one-half (only 2 of which may be hens). For Chapter 10 of the Model Off-Reservation hour before sunrise to sunset. Canada geese, the tribe proposes a The season and bag limits would be Code. Except as modified by the Service September 1 through November 30, essentially the same as last year and as rules adopted in response to this 1999, and a January 1 through February such the tribe expects similar harvest. In proposal, these amended regulations 8, 2000, season. For white-fronted geese, 1994–95, duck harvest was 48 birds, parallel Federal requirements in 50 CFR brant, and snow geese, the tribe down from 67 in 1993–94. Goose part 20 as to hunting methods, proposes an October 1 through harvest during recent past seasons has transportation, sale, exportation and November 30, 1999, season. The daily been less than 100 geese. other conditions generally applicable to bag limit for all geese (including brant) We propose to approve the tribe’s migratory bird hunting. would be 5 birds. Based on our requested seasons. We also remind the 3. Band members in each zone will information, it is unlikely that any tribe that all sandhill crane hunters are comply with State regulations providing Canada geese from the Southern James required to obtain a Federal sandhill for closed and restricted waterfowl Bay Population would be harvested by crane permit. As such, the tribe should hunting areas. the tribe. contact us for further information on 4. Possession limits for each species For woodcock, snipe, and sora rail, obtaining the needed permits. In are double the daily bag limit, except on the tribe proposes a September 1 to addition, as with all other groups, we the opening day of the season, when the November 14, 1999, season. The daily request the tribe continue to survey and possession limit equals the daily bag bag limit shall not exceed 5 birds per report harvest. limit, unless otherwise noted above. species. Possession limits are applicable only to All other Federal regulations (d) Fond du Lac Band of Lake Superior transportation and do not include birds contained in 50 CFR part 20 would Chippewa Indians, Cloquet, Minnesota which are cleaned, dressed, and at a apply. The tribe proposes to closely (Tribal Members Only) member’s primary residence. For monitor harvest through game bag In 1996, for the first time, the Service purposes of enforcing bag and checks, patrols, and mail surveys. In and the Fond du Lac Band of Lake possession limits, all migratory birds in particular, the tribe proposes monitoring Superior Chippewa Indians cooperated the possession or custody of band the harvest of Southern James Bay to establish special migratory bird members on ceded lands will be Canada geese to assess any impacts of hunting regulations for tribal members. considered to have been taken on those tribal hunting on the population. The Fond du Lac’s June 4, 1999, lands unless tagged by a tribal or State We propose to approve the Grand proposal covers land set apart for the conservation warden as having been Traverse Band of Ottawa and Chippewa band under the Treaty of 1854 in taken on-reservation. All migratory Indian’s requested 1999-2000 special northeast Minnesota. birds which fall on reservation lands migratory bird hunting regulations. The band’s proposal for 1999–2000 is will not count as part of any off- essentially the same as that approved reservation bag or possession limit. (f) Great Lakes Indian Fish and Wildlife last year. Specifically, the Fond du Lac The Band anticipates harvest will be Commission, Odanah, Wisconsin (Tribal Band proposes a September 11 to fewer than 500 ducks and geese and 150 Members Only) November 23, 1999, season on ducks, coots. Since 1985, various bands of the Lake mergansers, coots and moorhens, and a We propose to approve the request for Superior Tribe of Chippewa Indians September 1 to November 28, 1999, special migratory bird hunting have exercised judicially recognized off- season for geese. For sora and Virginia regulations for the Fond du Lac Band of reservation hunting rights for migratory rails, snipe, and woodcock, the Fond du Lake Superior Chippewas. birds in Wisconsin. The specific
VerDate 18-JUN-99 15:42 Aug 12, 1999 Jkt 183247 PO 00000 Frm 00005 Fmt 4701 Sfmt 4702 E:\FR\FM\A13AU2.052 pfrm03 PsN: 13AUP2 44388 Federal Register / Vol. 64, No. 156 / Friday, August 13, 1999 / Proposed Rules regulations were established by the Superior Tribe of Chippewa Indians, B. Michigan 1836 and 1842 Treaty Service in consultation with the The Lake Oreilles Band of Lake Superior Zones Wisconsin Department of Natural Tribe of Chippewa Indians, the Lac du Season Dates: Begin September 15 Resources and the Great Lakes Indian Flambeau Band of Lake Superior Tribe and end December 1, 1999. Fish and Wildlife Commission of Chippewa Indians, the Red Cliff Band Daily Bag Limit: 10 ducks, including (GLIFWC, which represents the various of Lake Superior Tribe of Chippewa no more than 5 mallards (only 2 of bands). Beginning in 1986, a tribal Indians, the St. Croix Chippewa Indians which may be hens), 2 black ducks, 2 season on ceded lands in the western of Wisconsin, the Sokaogon Chippewa redheads, 2 pintails, and 1 canvasback. portion of the State’s Upper Peninsula Community (Mole Lake Band), the Mille was developed in coordination with the Lacs Band of Chippewa Indians in Mergansers Michigan Department of Natural Minnesota, the Lac Vieux Desert Band A. Wisconsin and Minnesota 1837 and Resources, and we have approved of Chippewa Indians, and the 1842 Zones special regulations for tribal members in Keweenaw Bay Indian Community in both Michigan and Wisconsin since the Michigan. Details of the proposed Season Dates: Begin September 15 1986–87, hunting season. In 1987, the regulations are shown below. In general, and end December 1, 1999. Daily Bag Limit: 5 mergansers. GLIFWC requested and we approved the proposal is essentially the same as special regulations to permit tribal the regulations approved for the 1998– B. Michigan 1836 and 1842 Treaty members to hunt on ceded lands in 99 season. Zones Minnesota, as well as in Michigan and Wisconsin. The States of Michigan and Results of the 1998–99 hunter survey Season Dates: Begin September 15 Wisconsin concurred with the show that 599 ducks and 177 geese were and end December 1, 1999. regulations, although Wisconsin has harvested under an anticipated harvest Daily Bag Limit: 5 mergansers, raised some concerns each year. of 3,000 ducks and 900 geese. Under the including no more than 1 hooded Minnesota did not concur with the proposed regulations, harvest is merganser. regulations, stressing that the State expected to be similar to last year and Geese: All Ceded Areas: would not recognize Chippewa Indian most likely would not exceed 2,500 Season Dates: Begin September 1 and hunting rights in Minnesota’s treaty area ducks and 800 geese. end December 1, 1999. Daily Bag Limit: 10 geese. until a court with jurisdiction over the We believe that regulations advanced State acknowledges and defines the by the GLIFWC for the 1999–2000 Other Migratory Birds: All Ceded Areas extent of these rights. We acknowledge hunting season are biologically A. Coots and Common Moorhens the State’s concern, but pointed out that acceptable and recommend approval. If (Common Gallinules) the United States Government has the regulations are finalized as recognized the Indian hunting rights proposed, we would request that the Season Dates: Begin September 15 decided in the Voigt case, and that GLIFWC closely monitor the member and end December 1, 1999. acceptable hunting regulations have band duck harvest and take any actions Daily Bag Limit: 20 coots and been negotiated successfully in both necessary to reduce harvest if locally common moorhens (common Michigan and Wisconsin even though nesting populations are being gallinules), singly or in the aggregate. the Voigt decision did not specifically significantly impacted. address ceded land outside Wisconsin. B. Sora and Virginia Rails We believe this is appropriate because The Commission and the Service are Season Dates: Begin September 15 the treaties in question cover ceded parties to a Memorandum of Agreement and end December 1, 1999. lands in Michigan (and Minnesota), as (MOA) designed to facilitate the ongoing Daily Bag Limit: 25 sora and Virginia well as in Wisconsin. Consequently, in enforcement of Service-approved tribal rails singly, or in the aggregate. view of the above, we have approved migratory bird regulations. Its intent is special regulations since the 1987–88 to provide long-term cooperative C. Common Snipe hunting season on ceded lands in all application. Season Dates: Begin September 15 three States. In fact, this recognition of Also, as in recent seasons, the and end December 1, 1999. the principle of reserved treaty rights for proposal contains references to Chapter Daily Bag Limit: 8 common snipe. band members to hunt and fish was 10 of the Migratory Bird Harvesting D. Woodcock pivotal in our decision to approve a Regulations of the Model Off- special 1991–92 season for the 1836 Reservation Conservation Code. Chapter Season Dates: Begin September 7 and ceded area in Michigan. 10 regulations parallel State and Federal end December 1, 1999. Recently, certain GLIFWC member regulations and, in effect, are not Daily Bag Limit: 5 woodcock. bands have brought suit to resolve the changed by this proposal. General Conditions issue of hunting, fishing and gathering rights in the Minnesota ceded areas The GLIFWC’s proposed 1999–2000 1. While hunting waterfowl, a tribal covered under the 1837 and 1854 waterfowl hunting season regulations member must carry on his/her person a treaties. The Federal Government has are as follows: valid tribal waterfowl hunting permit. intervened in support of the bands. Ducks 2. Except as otherwise noted, tribal In a June 3, 1999, letter, the GLIFWC members will be required to comply proposed off-reservation special A. Wisconsin and Minnesota 1837 and with tribal codes that will be no less migratory bird hunting regulations for 1842 Zones restrictive than the provisions of the 1999–2000 seasons on behalf of the Chapter 10 of the Model Off-Reservation member tribes of the Voigt Intertribal Season Dates: Begin September 15 Code. Except as modified by the Service Task Force of the GLIFWC (for the 1837 and end December 1, 1999. rules adopted in response to this and 1842 Treaty areas) and the Bay Daily Bag Limit: 20 ducks, including proposal, these amended regulations Mills Indian Community (for the 1836 no more than 10 mallards (only 5 of parallel Federal requirements in 50 CFR Treaty area). Member tribes of the Task which may be hens), 4 black ducks, 4 Part 20 as to hunting methods, Force are: the Bad River Band of Lake redheads, 4 pintails, and 2 canvasbacks. transportation, sale, exportation and
VerDate 18-JUN-99 15:42 Aug 12, 1999 Jkt 183247 PO 00000 Frm 00006 Fmt 4701 Sfmt 4702 E:\FR\FM\A13AU2.054 pfrm03 PsN: 13AUP2 Federal Register / Vol. 64, No. 156 / Friday, August 13, 1999 / Proposed Rules 44389 other conditions generally applicable to mainly mallards, gadwall, wigeon, and frameworks for ducks and geese of migratory bird hunting. teal. Northern pintail comprised only 3 September 1, 1999, through January 31, 3. Tribal members in each zone will percent of the total harvest in 1998. 2000. However, during that period, the comply with State regulations providing The proposed regulations are tribe proposes that the season run for closed and restricted waterfowl essentially the same as were established continuously. Daily bag and possession hunting areas. last year. The tribe anticipates the limits would be the same as those for 4. Possession limits for each species maximum 1999–2000 waterfowl harvest the States of Washington and Idaho. are double the daily bag limit, except on would be around 600 to 1,000 ducks The tribe reports that there was no the opening day of the season, when the and 20 to 50 geese. 1998–99 tribal harvest. Under the possession limit equals the daily bag We propose to approve the tribe’s proposal, the tribe expects harvest to be limit, unless otherwise noted above. requested 1999–2000 hunting seasons. less than 200 geese and 300 ducks. Possession limits are applicable only to (h) Kalispel Tribe, Kalispel Reservation, Tribal members would be required to transportation and do not include birds Usk, Washington (Tribal Members and possess a signed Federal migratory bird which are cleaned, dressed, and at a Non-tribal Hunters) stamp and a tribal ceded lands permit. member’s primary residence. For purposes of enforcing bag and The Kalispel Reservation was We propose to approve the possession limits, all migratory birds in established by Executive Order in 1914, regulations requested by the Kalispel the possession or custody of tribal and currently comprises approximately Tribe provided that the non-tribal members on ceded lands will be 4,600 acres. The tribe owns all seasons conform to final Federal considered to have been taken on those Reservation land and has full frameworks for the Pacific Flyway. For lands unless tagged by a tribal or State management authority. The Kalispel the 1999–2000 season, outside Federal conservation warden as having been Tribe has a fully developed wildlife frameworks in the Pacific Flyway are taken on-reservation. In Wisconsin, program with hunting and fishing October 2, 1999, through January 23, such tagging will comply with codes. The tribe enjoys excellent 2000 for ducks and geese with a 107-day applicable State laws. All migratory wildlife management relations with the maximum season length. birds which fall on reservation lands State. The tribe and the State have an (i) Klamath Tribe, Chiloquin, Oregon will not count as part of any off- operational Memorandum of (Tribal Members Only) reservation bag or possession limit. Understanding with emphasis on 5. Minnesota and Michigan—Duck fisheries but also for wildlife. The non- The Klamath Tribe currently has no Blinds and Decoys. Tribal members tribal member seasons described below reservation, per se. However, the hunting in Michigan and Minnesota will pertain to a 176-acre waterfowl Klamath Tribe has reserved hunting, comply with tribal codes that contain management unit. The tribe is utilizing fishing and gathering rights within its provisions that parallel applicable State this opportunity to rehabilitate an area former reservation boundary. This area laws concerning duck blinds and/or that needs protection because of past of former reservation, granted to the decoys. land use practices, as well as to provide Klamaths by the Treaty of 1864, is over additional waterfowl hunting in the 1 million acres. Tribal natural resource (g) Jicarilla Apache Tribe, Jicarilla area. Beginning in 1996, the requested management authority is derived from Indian Reservation, Dulce, New Mexico regulations also included a proposal for the Treaty of 1864, and carried out (Tribal Members and Non-tribal Kalispel-member only migratory bird cooperatively under the judicially Hunters) hunting on Kalispel-ceded lands within enforced Consent Decree of 1981. The The Jicarilla Apache Tribe has had Washington, Montana, and Idaho. parties to this Consent Decree are the special migratory bird hunting For the 1999–2000 migratory bird Federal Government, the State of regulations for tribal members and hunting seasons, the Kalispel Tribe Oregon and the Klamaths. The Klamath nonmembers since the 1986–87 hunting proposed, in a May 13, 1999, letter, Indian Game Commission sets the season. The tribe owns all lands on the tribal and non-tribal member waterfowl seasons. The tribal biological staff and reservation and has recognized full seasons. For non-tribal members, the tribal Regulatory Enforcement Officers wildlife management authority. In tribe requests seasons which begin monitor tribal harvest by frequent bag general, the proposed seasons would be September 1, 1999 and end January 31, checks and hunter interviews. more conservative than allowed by the 2000. In that period, non-tribal hunters In a July 26, 1999, communication, Federal frameworks of last season and would be allowed to hunt on weekends, the Klamath Tribe proposed season by States in the Pacific Flyway. holidays and continuously in the month dates of October 1, 1999, through In a May 17, 1999, proposal, the tribe of December and January for a total of January 31, 2000. Daily bag limits would proposed a 1999–2000 waterfowl season about 110 days. Hunters should obtain be 9 for ducks and 6 for geese with opening date of October 2 and a closing further information on days from the possession limits twice the daily bag date of November 30, 1999. Daily bag Kalispel Tribe. Daily bag and possession limit. The daily bag and possession and possession limits would be the limits would be the same as those for limit for coots would be 25. Shooting same as Pacific Flyway States. The tribe the State of Washington. hours would be one-half hour before proposes a season on Canada geese with The tribe reports a 1998–99 non-tribal sunrise to one-half hour after sunset. a 2-bird daily bag limit. Other harvest of 74 ducks and 0 geese. Under regulations specific to the Pacific the proposal, the tribe expects harvest to Based on the number of birds Flyway guidelines for New Mexico be similar to last year and less than 100 produced in the Klamath Basin, the would be in effect. geese and 200 ducks. tribe expects that this year’s harvest will The Jicarilla Game and Fish All other State and Federal be similar to last year’s. Information on Department’s annual estimate of regulations contained in 50 CFR part 20, tribal harvest suggests that more than 70 waterfowl harvest is relatively small. In such as use of steel shot and possession percent of the annual goose harvest is the 1998–99 season, estimated duck of a signed migratory bird hunting local birds produced in the Klamath harvest was 608, a significant decrease stamp, would be required. basin. from 816 in 1997–98. The species For tribal members on Kalispel-ceded We propose to approve the Klamath composition in the past has included lands, the Kalispel proposes outside Tribe’s requested regulations.
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(j) Leech Lake Band of Ojibwe, Cass 6 birds, including no more than 5 coots, band-tailed pigeons, and Lake, Minnesota (Tribal Members Only) mallards (only 1 of which may be a mourning doves. For waterfowl, the The Leech Lake Band of Ojibwe is a hen), 1 pintail, 2 redheads, 2 wood Navajo Nation requests the earliest federally recognized tribe located in ducks, 1 canvasback, 1 hooded opening dates and longest seasons, and Cass Lake, Minnesota. The reservation merganser, and 1 mottled duck. The the same daily bag and possession employs conservation officers to enforce daily bag limit for coots would be 15. limits, permitted Pacific Flyway States conservation regulations. Possession limits would be twice the under final Federal frameworks. For both mourning dove and band- For the 1999–2000 season, the tribe daily bag limits. The tribe also proposes tailed pigeons, the Navajo Nation proposed in a May 20, 1999 letter a a youth waterfowl hunt on September 25, 1999. proposes seasons of September 1 tribal member duck and goose season The tribe’s proposed Canada goose through 30. The Navajo Nation also that would run from September 25 season would run from October 16, proposes daily bag limits of 10 and 5 for through November 28, 1999. Daily bag 1999, through January 16, 2000, with a mourning dove and band-tailed pigeon, limits for both ducks and geese would daily bag limit of 3 Canada geese. The respectively. Possession limits would be be 10. Shooting hours are one-half hour tribe’s proposed white-fronted goose twice the daily bag limits. before sunrise to one-half hour after season would run from October 16 In addition, the nation proposes to sunset. through December 26, 1999, with a daily require tribal members and non- Based on past harvest surveys, the bag limit of 2 white-fronted geese. The members to comply with all basic tribe expects less than 200 tribal hunters tribe’s proposed light goose season Federal migratory bird hunting to participate and a harvest of less than would run from October 16, 1999, regulations in 50 CFR part 20 pertaining 2,000 birds. through January 16, 2000, and February to shooting hours and manner of taking. We propose to approve the Leech 25 through March 10, 2000. The light In addition, each waterfowl hunter 16 Lake Band of Ojibwe’s requested 1999– goose daily bag limit would be 20. years of age or over must carry on his/ 2000 special migratory bird hunting Possession limits would be twice the her person a valid Migratory Bird regulations. daily bag limits. Hunting and Conservation Stamp (Duck (k) Lower Brule Sioux Tribe, Lower In the 1998–99 season, hunters Stamp) signed in ink across the face. Brule Reservation, Lower Brule, South harvested an estimated 1,971 geese and Special regulations established by the Dakota (Tribal Members and Non-tribal 355 ducks. In 1994, duck harvest Navajo Nation also apply on the Hunters) species composition was primarily reservation. mallard (57 percent), gadwall (10 The tribe anticipates a total harvest of The Lower Brule Sioux Tribe first percent), and green-winged teal (10 less than 300 mourning doves, 100 established tribal migratory bird hunting percent). Goose harvest is traditionally band-tail pigeons, 500 ducks, coots, and regulations for the Lower Brule 98% Canada geese. mergansers, and 300 Canada geese. Reservation in 1994. The Lower Brule The tribe anticipates a duck harvest We propose to approve the Navajo Reservation is about 214,000 acres in similar to last year and a goose harvest Nation request for these special size and is located on and adjacent to below the target harvest level of 3,000 regulations for the 1999–2000 migratory the Missouri River, south of Pierre. Land to 4,000 geese. All basic Federal bird hunting seasons. ownership on the reservation is mixed, regulations contained in 50 CFR part 20, (m) Oneida Tribe of Indians of and until recently, the Lower Brule including the use of steel shot, Wisconsin, Oneida, Wisconsin (Tribal Tribe had full management authority Migratory Waterfowl Hunting and Members Only) over fish and wildlife via a MOA with Conservation Stamp, etc., would be the State of South Dakota. The MOA observed by the tribe’s proposed Since 1991–92, the Oneida Tribe of provided the tribe jurisdiction over fish regulations. In addition, the Lower Indians of Wisconsin and the Service and wildlife on reservation lands, Brule Sioux Tribe has an official have cooperated to establish uniform including deeded and Corps of Conservation Code that was established regulations for migratory bird hunting Engineers taken lands. For the 1999– by Tribal Council Resolution in June by tribal and non-tribal hunters within 2000 season, the two parties have come 1982 and updated in 1996. the original Oneida Reservation to a tentative agreement and meetings We propose to approve the tribe’s boundaries. Since 1985, the Oneida between the Lower Brule Sioux Tribe requested regulations for the Lower Tribe’s Conservation Department has and the South Dakota Department of Brule Reservation. enforced their own hunting regulations Game, Fish and Parks are continuing. It within those original reservation limits. is anticipated that an agreement will be (l) Navajo Nation, Navajo Indian The Oneida Tribe also has a good established and management authority Reservation, Window Rock, Arizona working relationship with the State of clarified to allow the public a clear (Tribal Members and Non-tribal Wisconsin and the majority of the understanding of the Lower Brule Sioux Hunters) seasons and limits are the same for the Wildlife Department license Since 1985, we have established tribe and Wisconsin. requirements and hunting season uniform migratory bird hunting In a May 6, 1999, letter, the tribe regulations. The Lower Brule regulations for tribal members and proposed special migratory bird hunting Reservation waterfowl season is open to nonmembers on the Navajo Indian regulations. For ducks, the tribe tribal and non-tribal hunters. Reservation (in parts of Arizona, New described the general ‘‘outside dates’’ as For the 1999–2000 migratory bird Mexico, and Utah). The nation owns being September 18 through November hunting season, the Lower Brule Sioux almost all lands on the reservation and 19, 1999, inclusive. The tribe proposes Tribe proposes a duck and coot season has full wildlife management authority. a daily bag limit of 6 birds, which could length of 97 days, the same number of In a May 28, 1999 proposal, the tribe include no more than 5 mallards (1 hen days tentatively allowed in the High proposed special migratory bird hunting mallard), 5 wood ducks, 1 canvasback, Plains Management Unit for this season. regulations on the reservation for both 1 redhead, 2 pintails, and 1 hooded The tribe’s proposed season would run tribal and non-tribal members for the merganser. from October 2, 1999, through January 1999–2000 hunting season for ducks For geese, the tribe recommends a 6, 2000. The daily bag limit would be (including mergansers), Canada geese, season between September 1 and
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December 31, 1999, with a daily bag twice the daily bag limit. For mourning they seemed to provide additional limit of 5 brant, 3 Canada geese, and 5 doves, the tribes propose a September 1 protection to mallards and pintails. The snow geese. Hunters will be issued 8 to September 30, 1999, season with a State of Idaho concurred with the tribal tags for geese in order to monitor daily bag limit of 10. zoning arrangement. We have no goose harvest. Additional tags will be The tribes require that all hunters objection to the State’s use of this zone issued when birds are registered. The authorized to hunt migratory birds on again in the 1999–2000 hunting season, tribe will also close the season during the reservation obtain a tribal hunting provided the duck and goose hunting the gun deer season of November 20 to permit from the respective tribe. season dates are the same as on the 28, 1999. If a quota of 150 geese is Hunters are also required to adhere to a reservation. attained before the season concludes, number of special regulations available In a May 14, 1999, proposal for the the tribe will recommend closing the at the tribal office. Tribal harvest last 1999–2000 hunting season, the season early. year under similar regulations was Shoshone-Bannock Tribes requested a For woodcock, the tribe proposes a approximately 212 ducks, 27 geese and continuous duck (including mergansers) season between September 11 and 22 coots. season with the maximum number of November 19, 1999, with a daily bag We propose to approve the Point No days and the same daily bag and and possession limit of 5 and 10, Point Treaty Tribes requested 1999– possession limits permitted Pacific respectively. 2000 regulations. Flyway States, under final Federal The tribe proposes shooting hours be frameworks. The tribes propose that, if one-half hour before sunrise to sunset. (o) Seminole Tribe of Florida, Big Cypress Seminole Reservation, the same number of hunting days are Tribal members and non-tribal members permitted as last year, the season would hunting on the Reservation or on lands Clewiston, Florida (Tribal Members and Non-tribal Hunters) have an opening date of October 4, under the jurisdiction of the tribe will 1999, and a closing date of January 4, observe all basic Federal migratory bird The Seminole Tribe of Florida and the 2000. hunting regulations found in 50 CFR, Service have cooperated since 1995 to Coot and snipe season dates would be with the following exceptions: Indian establish regulations for the 70,000 acre the same as for ducks, with the same hunters would be exempt from the Big Cypress Seminole Reservation. daily bag and possession limits purchase of the Migratory Waterfowl Located northwest of Miami, the Big permitted Pacific Flyway States. The Hunting and Conservation Stamp (Duck Cypress Seminole Reservation is totally tribes anticipate harvest will be between Stamp); and shotgun capacity would not tribally owned and the tribe has full 2,000 and 5,000 ducks. be limited to 3 shells. wildlife management authority. The tribes also requested a continuous The Service proposes to approve the For the 1999–2000 season, the goose season with the maximum request for special migratory bird Seminole Tribe proposes establishing a number of days and the same daily bag hunting regulations for the Oneida Tribe mourning dove season from September and possession limits permitted Idaho of Indians of Wisconsin. We commend 18, 1999, through January 20, 2000. under Federal frameworks. The tribes the tribe for their continuing efforts to Hunting would be allowed for tribal and propose that, if the same number of closely monitor goose harvest and their non-tribal members, but would be on hunting days are permitted as in other conservation efforts. Saturdays only. Daily bag limits would previous years, the season would have be the same as those allowed within the (n) Point No Point Treaty Tribes, an opening date of October 4, 1999, and Federal frameworks for the State of Kingston, Washington (Tribal Members a closing date of January 11, 2000. The Florida. All other Federal regulations Only) tribes anticipate harvest will be between contained in 50 CFR part 20 would 4,000 and 6,000 geese. For the first time in 1996, the Service apply. In 1997, under identical Non-tribal hunters must comply with and the Point No Point Treaty Tribes, regulations, hunters harvested 2,078 all basic Federal migratory bird hunting consisting of the Skokomish, Port doves on the reservation. The tribe regulations in 50 CFR part 20, Gamble S’klallam, Jamestown S’klallam, controls all entry to the hunt area. pertaining to shooting hours, use of steel and Elwha S’klallam tribes, cooperated We propose to approve the Seminole shot, and manner of taking. Special to establish special regulations for Tribe’s requested 1999–2000 special regulations established by the migratory bird hunting. The four tribes migratory bird hunting regulations. Shoshone-Bannock Tribes also apply on have reservations located on the (p) Shoshone-Bannock Tribes, Fort Hall the reservation. Olympic Peninsula in Washington. All We note that the requested regulations four tribes have successfully Indian Reservation, Fort Hall, Idaho (Non-tribal Hunters) are nearly identical to those of last year administered tribal hunting regulations and propose they be approved for the since 1985 and each tribe has a Almost all of the Fort Hall Indian 1999–2000 hunting season. comprehensive hunting ordinance. Reservation is tribally-owned. The tribes The tribes’ May 28, 1999, proposal claim full wildlife management (q) Squaxin Island Tribe, Squaxin Island requests seasons for ducks, geese, brant, authority throughout the reservation, Reservation, Shelton, Washington coots, snipe, and mourning doves. For but the Idaho Fish and Game (Tribal Members Only) ducks, coots, geese, brant, and snipe, the Department has disputed tribal The Squaxin Island Tribe of tribes request a September 15, 1999, to jurisdiction, especially for hunting by Washington and the Service have January 15, 2000, season with a daily non-tribal members on reservation lands cooperated since 1995 to establish bag limit of 7 ducks, 25 coots, 4 geese owned by non-Indians. As a special tribal migratory bird hunting (including no more than 3 light geese), compromise, since 1985, we have regulations. These special regulations 2 brant, and 8 snipe. The duck daily bag established the same waterfowl hunting apply to tribal members on the Squaxin limit would include mergansers and regulations on the reservation and in a Island Reservation, located in western could include no more than 2 hen surrounding off-reservation State zone. Washington near Olympia, and all lands mallards, 2 pintails, 1 canvasback, and The regulations were requested by the within the traditional hunting grounds 2 redheads. The season is closed on tribes and provided for different season of the Squaxin Island Tribe. harlequin ducks and Aleutian Canada dates than in the remainder of the State. The Squaxin Island Tribe usually geese. All possession limits would be We agreed to the season dates because outlines their migratory bird hunting
VerDate 18-JUN-99 15:42 Aug 12, 1999 Jkt 183247 PO 00000 Frm 00009 Fmt 4701 Sfmt 4702 E:\FR\FM\A13AU2.059 pfrm03 PsN: 13AUP2 44392 Federal Register / Vol. 64, No. 156 / Friday, August 13, 1999 / Proposed Rules proposal through the Service’s Region 1 tribe would normally request period of time allowed for the State of Office, however, this year has not establishing an off-reservation duck, Washington under final Pacific Flyway provided confirmatory information. The merganser, Canada goose, brant, and Federal frameworks. Daily bag and tribe would normally request coot season opening on the earliest possession limits for Tulalip Tribal establishing duck, coot, and snipe possible date allowed by the final members would be 6 and 12 ducks, seasons that would run from September Federal frameworks for the Pacific respectively, except that for blue- 15, 1999, through January 15, 2000. The Flyway and closing 30 days after the winged teal, canvasback, harlequin, daily bag limit for ducks would be 5 per State of Washington closes. Daily bag pintail, and wood duck, the bag and day and could include only 1 and possession limits would be the possession limits would be the same as canvasback. The season on harlequin same as those allowed by the State those established for the State of ducks would be closed. For coots and except that the Swinomish request an Washington in accordance with final snipe, the daily bag limit would be 25 additional three birds of each species Federal frameworks. For non-tribal and 8, respectively. For geese, the tribe over that allowed by the State. hunters, bag and possession limits would propose establishing a season The Community normally anticipates would be the same as those permitted that would run from September 15, that the regulations will result in the the State of Washington under final 1999, through January 15, 2000. The harvest of approximately 200 to 300 Federal frameworks. Non-tribal daily bag limit for geese would be 4 per ducks, 25 to 50 Canada geese, 75 members should check with the Tulalip day and could include only 2 snow mergansers, 100 brant, and 50 coot. The tribal authorities regarding additional geese and 1 dusky Canada goose. The Swinomish also utilize a tag and permit conservation measures which may season on Aleutian and Cackling system to monitor harvest and will apply to specific species managed Canada geese would be closed. For implement steps to limit harvest where within the region. For geese, tribal brant, the tribe normally would propose conservation is needed. All tribal members are proposed to be allowed to establishing a September 15 to regulations will be enforced by tribal hunt from September 15, 1999, through December 31, 1999, season with a daily fish and game officers. February 1, 2000. Non-tribal hunters bag limit of 2 birds per day. The tribe On reservation, the Tribal Community would be allowed the longest season also would propose a September 15 to would propose a hunting season for the and the latest closing date permitted for December 1, 1999, season for band- above mentioned species beginning on the State of Washington under final tailed pigeons with a daily bag limit of the earliest possible opening date and Federal frameworks. For tribal hunters, 2 per day. closing March 9, 1999. The Swinomish the goose daily bag and possession In all cases, the possession limit manage harvest by a tagging system and limits would be 6 and 12, respectively, would be twice the daily bag limit. anticipate harvest will be similar to that except that the bag limits for brant, Shooting hours would be from one-half expected off reservation. cackling Canada geese and dusky We believe the estimated harvest by hour before sunrise to one-half hour Canada geese would be those the Swinomish will be minimal and will after sunset and steel shot would be established for the Pacific Flyway in not adversely effect migratory bird required for migratory bird hunting. accordance with final Federal populations. We propose to approve the Further, the tribe requires all harvest be frameworks. For non-tribal hunters Tribal Community’s regulations for the reported to their Natural Resources hunting on reservation lands, the daily 1999–2000 season, provided the tribe Office within 72 hours. bag and possession limits would be provides the appropriate confirmation In 1995, the tribe reported that there those established in accordance with for the seasons. was no harvest of any species. Tribal final Federal frameworks for the State of regulations are enforced by the tribe’s (s) The Tulalip Tribes of Washington, Washington. The Tulalip Tribes also set Law Enforcement Department. Tulalip Indian Reservation, Marysville, a maximum annual bag limit on ducks We propose to approve the Squaxin Washington (Tribal Members and Non- and geese for those tribal members who Island Tribe’s 1999–2000 special tribal Hunters) engage in subsistence hunting. migratory bird hunting regulations, provided the tribe provides the The Tulalip Tribes are the successors All hunters on Tulalip Tribal lands appropriate confirmation for the in interest to the tribes and bands are required to adhere to shooting hour seasons. signatory to the Treaty of Point Elliott of regulations set at one-half hour before January 22, 1855. The Tulalip Tribes’ sunrise to sunset, special tribal permit (r) Swinomish Indian Tribal government is located on the Tulalip requirements, and a number of other Community, LaConner, Washington Indian Reservation at Marysville, tribal regulations enforced by the tribe. (Tribal Members Only) Washington. The tribes or individual Non-tribal hunters sixteen years of age In 1996, the Service and the tribal members own all of the land on and older, hunting pursuant to Tulalip Swinomish Indian Tribal Community the reservation, and they have full Tribes’ Ordinance No. 67, must possess began cooperating to establish special wildlife management authority. All a valid Federal Migratory Bird Hunting regulations for migratory bird hunting. lands within the boundaries of the and Conservation Stamp and a valid The Swinomish Indian Tribal Tulalip Tribes Reservation are closed to State of Washington Migratory Community is a federally recognized non-member hunting unless opened by Waterfowl Stamp. Both stamps must be Indian tribe consisting of the Suiattle, Tulalip Tribal regulations. validated by signing across the face. Skagit, and Kikialos tribes. The In a June 1, 1999, letter, the Tulalip Although the season length requested Swinomish Reservation was established Tribes proposed tribal and non-tribal by the Tulalip Tribes appears to be quite by the Point Elliott Treaty of 1855 and hunting regulations for the 1999–2000 liberal, harvest information indicates a lies in the Puget Sound area north of seasons. For ducks and coot, the total take by tribal and non-tribal Seattle, Washington. proposed season for tribal members hunters under 1,000 ducks and 500 The Tribal Community usually would be from September 15, 1999, geese, annually. outlines their migratory bird hunting through February 1, 2000. In the case of We propose approval of the Tulalip proposal through the Service’s Region 1 non-tribal hunters hunting on the Tribes request for the above seasons. We Office, however, this year has not reservation, the season would be the request that harvest be monitored provided confirmatory information. The latest closing date and the longest closely and regulations be reevaluated
VerDate 18-JUN-99 15:42 Aug 12, 1999 Jkt 183247 PO 00000 Frm 00010 Fmt 4701 Sfmt 4702 E:\FR\FM\A13AU2.061 pfrm03 PsN: 13AUP2 Federal Register / Vol. 64, No. 156 / Friday, August 13, 1999 / Proposed Rules 44393 for future years if harvest becomes too the Mogollon Rim, within Wildlife adopted by the State of South Dakota. great in relation to population numbers. Management Units 2 and 3 will be open For geese, the tribe has requested a dark to waterfowl hunting during the 1999– geese (Canada geese, brant, white-fronts) (t) White Earth Band of Chippewa, 2000 season. All other waters of the season starting October 30, 1999, and White Earth, Minnesota (Tribal reservation would be closed to running for the maximum amount of Members Only) waterfowl hunting for the 1999–2000 days allowed under the final Federal The White Earth Band of Chippewa is season. frameworks. The daily bag limit would a federally recognized tribe located in For non-tribal and tribal hunters, the be 3 geese (including no more than 1 northwest Minnesota and encompasses tribe proposes a continuous duck, coot, whitefront or brant). Possession limits all of Mahnomen County and parts of merganser, gallinule and moorhen would be twice the daily bag limit. For Becker and Clearwater Counties. The hunting season, with an opening date of snow geese, the proposed hunting reservation employs conservation October 23, 1999, and a closing date of season would start October 30, 1999, officers to enforce conservation January 17, 2000. The tribe proposes a and running for the maximum amount regulations. For the first time in the daily duck (including mergansers) bag of days allowed under the final Federal 1999–2000 season, the tribe proposes to limit of 4, which may include no more frameworks. Daily bag and possession establish migratory bird hunting seasons than 2 redheads or 1 canvasback and 1 limits would be the same as those on reservation lands. redhead, 1 pintail, and 3 mallards adopted by the State of South Dakota. In a July 28, 1999, letter, the tribe (including no more than 1 hen mallard). All hunters would have to be in proposed a duck, merganser, and coot The daily bag limit for coots, gallinules possession of a valid tribal license while season of September 18 to November 30, and moorhens would be 25 singly, or in hunting on Yankton Sioux trust lands. 1999. The daily bag limit of 7 would the aggregate. For geese, the season is Tribal and non-tribal hunters must include no more than 2 mallards and 1 proposing a season from October 23, comply with all basic Federal migratory canvasback through September 24 and 1999, through January 17, 2000. Hunting bird hunting regulations in 50 CFR part no more than 2 hen mallards and 2 would be limited to Canada geese, and 20, pertaining to shooting hours and the canvasbacks through the remainder of the daily bag limit would be 3. manner of taking. Special regulations the season. The merganser daily bag Season dates for band-tailed pigeons established by the Yankton Sioux Tribe limit would be 5 with no more than 2 and mourning doves would run also apply on the reservation. hooded mergansers, and the coot daily concurrently from September 1 through During the 1998–99 hunting season, bag limit would be 20. For geese, the September 12, 1999, in Wildlife the tribe reported that 83 non-tribal tribe proposes a September 1 to Management Units 7 and 10, only. hunters took 350 Canada geese, 40 snow November 30, 1999, season with a daily Proposed daily bag limits for band- geese, and 70 ducks. Tribal members bag limit of 5 geese. tailed pigeons and mourning doves harvested less than 75 geese and 40 For dove, rail, woodcock, and snipe, would be 3 and 8, respectively. ducks. the tribe proposes a September 11 to Possession limits for the above We concur with the Yankton Sioux December 1, 1999, season with daily bag species are twice the daily bag limits. proposal for the 1999–2000 hunting limits of 25 rails, 10 snipe, 10 Shooting hours would be from one-half season. woodcock, and 25 doves. Shooting hour before sunrise to sunset. There Public Comment Invited hours are one-half hour before sunrise to would be no open season for sandhill one-half hour after sunset. Non-toxic cranes, rails and snipe on the White We intend that adopted final rules be shot is required. Mountain Apache lands under this as responsive as possible to all Based on past harvest surveys, the proposal. A number of special concerned interests, and therefore desire tribe expects a harvest of less than 500 regulations apply to tribal and non- to obtain the comments and suggestions Canada geese and 1000 ducks. tribal hunters, which may be obtained of the public, other governmental We propose to approve the White from the White Mountain Apache Tribe agencies, non-governmental Earth Band of Chippewa’s requested Game and Fish Department. organizations, and other private 1999–2000 special migratory bird We propose to approve the interests on these proposals. However, hunting regulations. regulations requested by the tribe for the special circumstances are involved in 1999–2000 seasons. the establishment of these regulations (u) White Mountain Apache Tribe, Fort which limit the amount of time that we Apache Indian Reservation, Whiteriver, (v) Yankton Sioux Tribe, Marty, South can allow for public comment. Arizona (Tribal Members and Non-tribal Dakota (Tribal Members and Non-tribal Specifically, two considerations Hunters) Hunters) compress the time in which the The White Mountain Apache Tribe On May 25, 1999, the Yankton Sioux rulemaking process must operate: (1) the owns all reservation lands, and the tribe Tribe submitted a waterfowl hunting need to establish final rules at a point has recognized full wildlife proposal for the 1999–2000 season. The early enough in the summer to allow management authority. The White Yankton Sioux tribal waterfowl hunting affected State agencies to appropriately Mountain Apache Tribe has requested season would be open to both tribal adjust their licensing and regulatory regulations that are essentially members and non-tribal hunters. The mechanisms; and (2) the unavailability, unchanged from those agreed to since waterfowl hunting regulations would before mid-June, of specific, reliable the 1997–98 hunting year. apply to tribal and trust lands within data on this year’s status of some The hunting zone for waterfowl is the external boundaries of the waterfowl and migratory shore and restricted and is described as: the entire reservation. upland game bird populations. length of the Black and Salt Rivers For duck (including mergansers) and Therefore, we believe that to allow forming the southern boundary of the coots, the Yankton Sioux Tribe proposes comment periods past the dates reservation; the White River, extending a season starting October 9, 1999, and specified is contrary to the public from the Canyon Day Stockman Station running for the maximum amount of interest. to the Salt River; and all stock ponds days allowed under the final Federal The Department of the Interior’s located within Wildlife Management frameworks. Daily bag and possession policy is, whenever practicable, to Units 4, 6 and 7. Tanks located below limits would be the same as those afford the public an opportunity to
VerDate 18-JUN-99 15:42 Aug 12, 1999 Jkt 183247 PO 00000 Frm 00011 Fmt 4701 Sfmt 4702 E:\FR\FM\A13AU2.062 pfrm03 PsN: 13AUP2 44394 Federal Register / Vol. 64, No. 156 / Friday, August 13, 1999 / Proposed Rules participate in the rulemaking process. (1981). That case and cases dealing with Division of Endangered Species and Accordingly, we invite interested other treaty cessions, such as Lac Courte Office of Migratory Bird Management, persons to submit written comments, Oreilles v. Wisconsin (i.e., both the 1837 U.S. Fish and Wildlife Service, at the suggestions, or recommendations and the 1842 Treaties), provide address indicated under the caption regarding the proposed regulations. persuasive precedent for the belief that ADDRESSES. Before promulgation of final migratory hunting as well as fishing rights were Regulatory Flexibility Act game bird hunting regulations, we will reserved by the tribes in the Treaty of take into consideration all comments 1836. We have not altered our position These regulations have a significant received. Such comments, and any on this matter. economic impact on substantial additional information received, may numbers of small entities under the NEPA Consideration lead to final regulations that differ from Regulatory Flexibility Act (5 U.S.C. 601 these proposals. We invite interested Pursuant to the requirements of et seq.). We analyzed the economic persons to participate in this rulemaking section 102(2)(C) of the National impacts of the annual hunting by submitting written comments to the Environmental Policy Act of 1969 (42 regulations on small business entities in address indicated under the caption U.S.C. 4332(C)), the ‘‘Final detail and issued a Small Entity ADDRESSES. You may inspect comments Environmental Statement for the Flexibility Analysis (Analysis) in 1998. received on the proposed annual Issuance of Annual Regulations The Analysis documented the regulations during normal business Permitting the Sport Hunting of significant beneficial economic effect on hours at the Service’s office in room Migratory Birds (FES–75–74)’’ was filed a substantial number of small entities. 634, 4401 North Fairfax Drive, with the Council on Environmental The primary source of information Arlington, Virginia. For each series of Quality on June 6, 1975, and notice of about hunter expenditures for migratory proposed rulemakings, we will establish availability was published in the game bird hunting is the National specific comment periods. We will Federal Register on June 13, 1975, (40 Hunting and Fishing Survey, which is consider, but possibly may not respond FR 25241). A supplement to the final conducted at 5-year intervals. The in detail to, each comment. As in the environmental statement, the ‘‘Final Analysis was based on the 1996 past, we will summarize all comments Supplemental Environmental Impact National Hunting and Fishing Survey received during the comment period Statement: Issuance of Annual and the U.S. Department of Commerce’s and respond to them after the closing Regulations Permitting the Sport County Business Patterns from which it date. Hunting of Migratory Birds (SEIS 88– was estimated that migratory bird 14)’’ was filed on June 9, 1988, and hunters would spend between $429 and Public Comments Received notice of availability was published in $1,084 million at small businesses in We received two comments regarding the Federal Register on June 16, 1988 1998. Copies of the Analysis are the Notice of Intent published on May (53 FR 22582), and June 17, 1988 (53 FR available upon request. 3, 1999, which announced rulemaking 22727). Copies of these documents are on regulations for migratory bird available from us at the address Executive Order (E.O.) 12866 hunting by American Indian tribal indicated under the caption ADDRESSES. While this individual supplemental members. The Wisconsin Department of In addition, an August 1985 rule was not reviewed by the Office of Natural Resources (Wisconsin) Environmental Assessment titled Management and Budget (OMB), the commented on the GLIFWC’s proposal. ‘‘Guidelines for Migratory Bird Hunting migratory bird hunting regulations are Wisconsin had no objections to the Regulations on Federal Indian economically significant and are proposed duck or goose season dates Reservations and Ceded Lands’’ is annually reviewed by OMB under E.O. and bag limits. Wisconsin requested that available from the same address. 12866. tribal members honor the noon opening E.O. 12866 requires each agency to for shooting hours for the first day of the Endangered Species Act Considerations write regulations that are easy to State’s duck season and comply with Prior to issuance of the 1999–2000 understand. We invite comments on the State’s open water hunting migratory game bird hunting how to make this rule easier to restrictions. The Michigan Department regulations, we will consider provisions understand, including answers to of Natural Resources commented on the of the Endangered Species Act of 1973, questions such as the following: (1) Are establishment of tribal regulations on as amended (16 U.S.C. 1531–1543; the requirements in the rule clearly 1836 Treaty areas. Michigan believed it hereinafter the Act) to ensure that stated? (2) Does the rule contain was premature of the Service to hunting is not likely to jeopardize the technical language or jargon that establish waterfowl regulations in areas continued existence of any species interferes with its clarity? (3) Does the covered by the 1835 Treaty until such designated as endangered or threatened format of the rule (grouping and order time as the issue of 1836 Treaty hunting or modify or destroy its critical habitat of sections, use of headings, rights are affirmed by a court of and that the proposed action is paragraphing, etc.) aid or reduce its competent jurisdiction. consistent with conservation programs clarity? (4) Would the rule be easier to Service Response: Our position is that for those species. Consultations under understand if it were divided into more the Federal Government does recognize Section 7 of this Act may cause us to (but shorter) sections? (5) Is the the Treaty of 1836 as reserving to the change proposals in this and future description of the rule in the affected tribes or bands hunting rights in supplemental proposed rulemakings. ‘‘Supplementary Information’’ section of the ceded territory. Further, the Federal We will include findings from these the preamble helpful in understanding courts have already confirmed the consultations in a biological opinion the rule? What else could we do to make retention of reserved fishing rights in and may cause modification of some the rule easier to understand? the territory ceded by the Treaty of 1836 regulatory measures proposed in this in United States v. Michigan, 471 document. The final rule will reflect any Small Business Regulatory Enforcement F.Supp. 192 (W.D. Mich. 1979), modifications. Our biological opinion Fairness Act remanded, 623 F.2d 448 (6th Cir. 1980), resulting from its Section 7 consultation This rule is a major rule under 5 order modified, 653 F.2d 277 (6th Cir. are public documents available for U.S.C. 804(2), the Small Business 1981), cert. denied, 454 U.S. 1124 public inspection in the Service’s Regulatory Enforcement Fairness Act.
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For the reasons outlined above, this rule Migratory Bird Treaty Act, do not have are no effects on Indian trust resources. has an annual effect on the economy of significant takings implications and do However, by virtue of the tribal $100 million or more. However, because not affect any constitutionally protected proposals contained in this proposed this rule establishes hunting seasons, we property rights. These rules will not rule, we have consulted with all the do not plan to defer the effective date result in the physical occupancy of tribes affected by this rule. under the exemption contained in 5 property, the physical invasion of List of Subjects in 50 CFR Part 20 U.S.C. 808(1). property, or the regulatory taking of any property. In fact, these rules allow Paperwork Reduction Act Exports, Hunting, Imports, Reporting hunters to exercise privileges that and recordkeeping requirements, We examined these regulations under would be otherwise unavailable; and, Transportation, Wildlife. the Paperwork Reduction Act of 1995. therefore, reduce restrictions on the use We utilize the various recordkeeping of private and public property. Based on the results of soon to be and reporting requirements imposed completed migratory game bird studies, Federalism Effects under regulations established in 50 CFR and having due consideration for any part 20, Subpart K, in the formulation of Due to the migratory nature of certain data or views submitted by interested migratory game bird hunting species of birds, the Federal government parties, this proposed rulemaking may regulations. Specifically, OMB has has been given responsibility over these result in the adoption of special hunting approved the information collection species by the Migratory Bird Treaty regulations for migratory birds requirements of the Migratory Bird Act. We annually prescribe frameworks beginning as early as September 1, 1999, Harvest Information Program and from which the States make selections on certain Federal Indian reservations, assigned clearance number 1018–0015 and employ guidelines to establish off-reservation trust lands, and ceded (expires 9/30/2001). This information is special regulations on Federal Indian lands. Taking into account both used to provide a sampling frame for reservations and ceded lands. This reserved hunting rights and the degree voluntary national surveys to improve process preserves the ability of the to which tribes have full wildlife our harvest estimates for all migratory States and Tribes to determine which management authority, the regulations game birds in order to better manage seasons meet their individual needs. only for tribal members or for both tribal these populations. OMB has also Any State or Tribe may be more and non-tribal members may differ from approved the information collection restrictive than the Federal frameworks those established by States in which the requirements of the Sandhill Crane at any time. The frameworks are reservations, off-reservation trust lands, Harvest Questionnaire and assigned developed in a cooperative process with and ceded lands are located. The clearance number 1018–0023 (expires 9/ the States and the Flyway Councils. regulations will specify open seasons, 30/2000). The information from this This allows States to participate in the shooting hours, and bag and possession survey is used to estimate the development of frameworks from which limits for rails, coot, gallinules magnitude, the geographical and they will make selections, thereby (including moorhen), woodcock, temporal distribution of harvest, and the having an influence on their own common snipe, band-tailed pigeons, portion it constitutes of the total regulations. These rules do not have a mourning doves, white-winged doves, population. A Federal agency may not substantial direct effect on fiscal ducks (including mergansers) and geese. conduct or sponsor, and a person is not capacity, change the roles or The rules that eventually will be required to respond to, a collection of responsibilities of Federal or State promulgated for the 1999–2000 hunting information unless it displays a governments, or intrude on State policy season are authorized under the currently valid OMB control number. or administration. Therefore, in Migratory Bird Treaty Act (MBTA) of accordance with Executive Order 12612, July 3, 1918 (40 Stat. 755; 16 U.S.C. 703 Unfunded Mandates Reform Act these regulations do not have significant et seq.), as amended. The MBTA We have determined and certify, in federalism effects and do not have authorizes and directs the Secretary of compliance with the requirements of the sufficient federalism implications to the Interior, having due regard for the Unfunded Mandates Act, 2 U.S.C. 1502 warrant the preparation of a Federalism zones of temperature and for the et seq., that this rulemaking will not Assessment. distribution, abundance, economic impose a cost of $100 million or more Government-to-Government value, breeding habits, and times and in any given year on local or State Relationship With Tribes lines of flight of migratory game birds, government or private entities. to determine when, to what extent, and Due to the migratory nature of certain by what means such birds or any part, Civil Justice Reform—Executive Order species of birds, the Federal government 12988 nest or egg thereof may be taken, has been given responsibility over these hunted, captured, killed, possessed, The Department, in promulgating this species by the Migratory Bird Treaty sold, purchased, shipped, carried, proposed rule, has determined that Act. Thus, in accordance with the exported or transported. these regulations meet the applicable President’s memorandum of April 29, standards provided in Sections 3(a) and 1994, ‘‘Government-to-Government Dated: August 9, 1999. 3(b)(2) of Executive Order 12988. Relations with Native American Tribal Donald Barry, Governments’’ (59 FR 22951) and 512 Assistant Secretary for Fish and Wildlife and Taking Implication Assessment DM 2, we have evaluated possible Parks. In accordance with Executive Order effects on Federally recognized Indian [FR Doc. 99–20963 Filed 8–12–99; 8:45 am] 12630, these rules, authorized by the tribes and have determined that there BILLING CODE 4310±55±P
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Reader Aids Federal Register Vol. 64, No. 156 Friday, August 13, 1999
CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING AUGUST
Federal Register/Code of Federal Regulations At the end of each month, the Office of the Federal Register General Information, indexes and other finding 202±523±5227 publishes separately a List of CFR Sections Affected (LSA), which aids lists parts and sections affected by documents published since the revision date of each title. Laws 523±5227 10 CFR 3 CFR 31...... 42269 Presidential Documents Proclamations: 50...... 42823 Executive orders and proclamations 523±5227 7103 (See Proc. 7214) ...... 42265 Proposed Rules: The United States Government Manual 523±5227 50...... 44137 7202 (See Proc. Other Services 7214) ...... 42265 11 CFR 7208 (See Proc. Electronic and on-line services (voice) 523±4534 7214) ...... 42265 110...... 42579 Privacy Act Compilation 523±3187 7214...... 42265 9004...... 42579 Public Laws Update Service (numbers, dates, etc.) 523±6641 9034...... 42579 Executive Orders: 9036...... 42584 TTY for the deaf-and-hard-of-hearing 523±5229 12372 (Supplemented by EO 13132)...... 43255 12 CFR 12612 (Revoked by ELECTRONIC RESEARCH 201...... 41765 EO 13132)...... 43255 602...... 41770 World Wide Web 12866 (Supplemented 612...... 43046 by EO 13132)...... 43255 Full text of the daily Federal Register, CFR and other 614...... 43046, 43049 12875 (Revoked by publications: 616...... 43049 EO 13132)...... 43255 618...... 43046, 43049 http://www.access.gpo.gov/nara 12924 (See Notice of 621...... 43049 Aug. 10, 1999) ...... 44101 Federal Register information and research tools, including Public 905...... 44103 Inspection List, indexes, and links to GPO Access: 12988 (Supplemented by EO 13132)...... 43255 Proposed Rules: http://www.nara.gov/fedreg 13083 (Revoked by 361...... 42861, 42862 E-mail EO 13132)...... 43255 13 CFR 13095 (Revoked by PENS (Public Law Electronic Notification Service) is an E-mail EO 13132)...... 43255 120...... 44109 service for notification of recently enacted Public Laws. To 13132...... 43255 Proposed Rules: subscribe, send E-mail to 13133...... 43895 120...... 43636 [email protected] Administrative Orders: 14 CFR with the text message: Notice of Aug. 10, 1999 ...... 44101 4...... 43599 subscribe PUBLAWS-L your name 27...... 43016 Use [email protected] only to subscribe or unsubscribe to 7 CFR 29...... 43016 39 ...... 41775, 41776, 41778, PENS. We cannot respond to specific inquiries. 11...... 43043 42007, 42275, 42824, 43050, Reference questions. Send questions and comments about the 610...... 41999 43051, 43053, 43056, 43058, Federal Register system to: 989...... 43897 43060, 43061, 43905, 44110, 1728...... 42005 [email protected] 44112 Proposed Rules: The Federal Register staff cannot interpret specific documents or 71 ...... 41780, 42276, 42432, 6...... 42288 regulations. 42585, 42591, 42592, 43063, 354...... 43103 43065, 43066, 43068, 43069, 931...... 42858 43261, 43599, 43907, 44114, FEDERAL REGISTER PAGES AND DATES, AUGUST 932...... 42619 44116, 44117, 44268 981...... 43298 97...... 44117, 44119 41765±41998...... 2 1106...... 42860 41999±42264...... 3 254...... 41781 3419...... 42576 382...... 41781 42265±42578...... 4 Proposed Rules: 42579±42822...... 5 8 CFR 25 ...... 43570, 43943, 43946 42823±43042...... 6 217...... 42006 39 ...... 41841, 41842, 42289, 43043±43254...... 9 42291, 42293, 42295, 42296, 9 CFR 43255±43598...... 10 42297, 42619, 42622, 42866, 43599±43896...... 11 101...... 43043 42868, 42870O, 43314, 43897±44100...... 12 102...... 43043 43316, 43318, 43638, 43948, 44101±44396...... 13 105...... 43043 43950, 43953, 43955, 43957, 112...... 43043 43959, 43961, 43963, 43966, 113...... 43043 44137 116...... 43043 65...... 42810 124...... 43043 66...... 42810 390...... 43902 71 ...... 42300, 42301, 44139, Proposed Rules: 44140, 44141, 44142, 44144 145...... 43301 93...... 44145 147...... 43301 107...... 43321
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108...... 43322 1312...... 42432 231a...... 43856 Proposed Rules: 147...... 42810 Proposed Rules: 51-2...... 41882 33 CFR 101...... 42315 51-5...... 41882 15 CFR 207...... 43114 100 ...... 42278, 42598, 43289 42 CFR 734...... 42009 314...... 42625, 42873 110...... 42279 738...... 42009 607...... 43114 117 ...... 42033, 42599, 44129, 413...... 42610 740...... 42009 807...... 43114 44131 498...... 43295 742...... 42009 870...... 43114 160...... 41794 1001...... 42174 902...... 42826 888...... 43114 165...... 43290, 43291 Proposed Rules: 890...... 43114 Proposed Rules: Ch. IV...... 43338 16 CFR 100...... 41853 2...... 43599 22 CFR 117 ...... 44145, 44147, 44148, 44 CFR 5...... 42594 41...... 42032 44149, 44151 61...... 41825 514...... 44123 64...... 42852 Proposed Rules: 34 CFR 1212...... 42302 206...... 41827 24 CFR 611...... 42837 Proposed Rules: 17 CFR 108...... 44094 Proposed Rules: 61...... 42632 9...... 43254 982...... 43613 668 ...... 42206, 43024, 43582 62...... 42633 10...... 43071 Proposed Rules: 673...... 42206 12...... 43071 990...... 43641 674...... 42206 45 CFR 200...... 42594 675...... 42206 801...... 42039 240...... 42031, 42594 26 CFR 676...... 42206 249...... 42594 1 ...... 41783, 43072, 43267, 682 ...... 42176, 43024, 43428 46 CFR Proposed Rules: 43613, 43910 685...... 43428 10...... 42812 4...... 41843 31...... 42831 690...... 42206 12...... 42812 275...... 43556 301...... 41783 36 CFR Proposed Rules: 602 ...... 41783, 43072, 43613 298...... 44152 18 CFR 801...... 42834 Proposed Rules: 13...... 41854 535...... 42057 Proposed Rules: Proposed Rules: 1191...... 42056 101...... 42304 1 ...... 43117, 43323, 43462, 47 CFR 343...... 43600 43969 37 CFR 0...... 43618 357...... 42623 301...... 43324 1...... 42854 602...... 43462 Proposed Rules: 385...... 42307, 43600 201...... 42316 5...... 43094 28 CFR 43...... 43618 19 CFR 39 CFR 62...... 43937 505...... 43880 4...... 43262 20...... 43292 63...... 43095, 43618 10...... 43262 64...... 43618 29 CFR 12...... 43262 40 CFR 73 ...... 41827, 41828, 41829, 24...... 42031, 43262 2570...... 42246 9 ...... 42432, 43426, 43936 41830, 41831, 41832, 41833, 102...... 43262 2575...... 42246 52 ...... 42600, 43083, 44131, 41834, 42614, 42615, 42616, 112...... 43262 4044...... 44128 44134 43095 113...... 43262 Proposed Rules: 58...... 42530 76...... 42617, 42855 118...... 43262 2520...... 42792, 42797 62...... 43091 90...... 43094 122...... 43262 2560...... 42792, 42797 63...... 42764 Proposed Rules: 133...... 43262 2570...... 42797 86...... 43936 Ch. 1...... 41883, 42635 141...... 43262 1...... 41884, 41887 30 CFR 122...... 42432, 43426 143...... 43262 123...... 42432, 43426 2...... 41891, 43643 144...... 43262 26...... 43280 124...... 42432, 43426 15...... 41897 148...... 43262 29...... 43280 180 ...... 41804, 41810, 41812, 51...... 41897 151...... 43608 57...... 43280 41815, 41818, 42280, 42839, 68...... 41897 162...... 43262 70...... 43283 42846 73...... 41899, 43132 173...... 43262 71...... 43283 186...... 41818 76...... 41887 174...... 43262, 43608 75...... 43280, 43286 261...... 42033 78...... 41899 178...... 43608 90...... 43283 271...... 41823, 42602 95...... 41891 181...... 43262 202...... 43506 300...... 44135 Proposed Rules: 206...... 43288, 43506 403...... 42552 48 CFR 12...... 41851 250...... 42597 501...... 42432, 43426 202...... 43096 113...... 41851, 42872 914...... 43911 503...... 42552 204...... 43098 141...... 41851 943...... 43913 745...... 42849 212...... 43098 Proposed Rules: Proposed Rules: 213...... 43098 20 CFR 935...... 42887 52 ...... 42629, 42888, 42891, 217...... 43096 Proposed Rules: 936...... 43327 42892, 44152 252...... 43098 404...... 42310 147...... 43329 253...... 43098 31 CFR 416...... 42310 261...... 42317 601...... 43618 538...... 41784 62...... 43123 602...... 43618 21 CFR 550...... 41784 97...... 43124 603...... 43618 101...... 42277 560...... 41784 300...... 43970 604...... 43618 172 ...... 43072, 43908, 44121 590...... 43924 271...... 42630, 43331 605...... 43618 173...... 44122 Proposed Rules 281...... 43336 606...... 43618 510...... 42596 375...... 42626 300 ...... 41875, 42328, 42630, 608...... 43618 520...... 42596 43129, 43641 609...... 43618 522...... 42596, 42830 32 CFR 372...... 42222 610...... 43618 524...... 42831 Proposed Rules: 611...... 43618 558...... 42596, 43909 230...... 43856 41 CFR 613...... 43618 1308...... 42432 231...... 43858 301...... 43254 614...... 43618
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REMINDERS Federal safety, bumper, and New England Fishery California; comments due by The items in this list were theft prevention standards: Management Council; 8-19-99; published 7-20- editorially compiled as an aid Show or display; limited meetings; comments 99 to Federal Register users. conditions for exemption due by 8-16-99; Louisiana; comments due by Inclusion or exclusion from from compliance published 7-2-99 8-18-99; published 7-19- this list has no legal standards; published 7-14- West Coast States and 99 significance. 99 Western Pacific Maryland; comments due by UNITED STATES fisheriesÐ 8-19-99; published 7-20- INFORMATION AGENCY West coast salmon; 99 RULES GOING INTO Exchange visitor program: comments due by 8-20- Michigan; comments due by EFFECT AUGUST 13, 99; published 8-6-99 Reinstatement of exchange 8-20-99; published 7-21- 1999 visitors (J visa) unlawfully COMMODITY FUTURES 99 present in United States; TRADING COMMISSION Nevada; comments due by AGRICULTURE monitoring requirements; Commodity Exchange Act: 8-16-99; published 6-17- DEPARTMENT published 8-13-99 Contract market rule review 99 Agricultural Marketing procedures; comments Tennessee; comments due by 8-18-99; published 7- Service COMMENTS DUE NEXT due by 8-16-99; published 7-15-99 19-99 Grapes grown inÐ WEEK California; published 7-14-99 DEFENSE DEPARTMENT Pesticides; tolerances in food, Civilian health and medical animal feeds, and raw Raisins produced from grapes AGRICULTURE program of uniformed agricultural commodities: grown inÐ DEPARTMENT services (CHAMPUS): Sethoxydim; comments due California; published 8-12-99 Animal and Plant Health Double coverage policy; by 8-16-99; published 6- AGRICULTURE Inspection Service comments due by 8-16- 16-99 DEPARTMENT Plant related quarantine, 99; published 6-17-99 FEDERAL domestic: Forest Service Federal Acquisition Regulation COMMUNICATIONS National Forest System lands: Oriental fruit fly; comments (FAR): COMMISSION Occupancy and use; due by 8-16-99; published Nondisplacement of qualified Common carrier services: mediation of grazing 6-15-99 workers; comments due Commercial mobile radio disputes; published 7-14- Plant-related quarantine, by 8-16-99; published 6- servicesÐ 99 domestic: 17-99 Calling party pays service ENVIRONMENTAL Mexican fruit fly; comments DEFENSE DEPARTMENT offering; regulatory due by 8-16-99; published PROTECTION AGENCY Engineers Corps obstacles removed; 6-15-99 comments due by 8-18- Superfund program: Water resources development 99; published 7-16-99 National oil and hazardous COMMERCE DEPARTMENT projects; public use; substances contingency Export Administration comments due by 8-19-99; Radio stations; table of planÐ Bureau published 7-20-99 assignments: California; comments due by National priorities list Chemical Weapons ENERGY DEPARTMENT 8-16-99; published 7-6-99 update; published 8-13- Convention regulations; Federal Energy Regulatory Texas; comments due by 8- 99 comments due by 8-20-99; Commission published 7-21-99 16-99; published 7-6-99 FEDERAL HOUSING Electric utilities (Federal Power Wyoming and Utah; FINANCE BOARD COMMERCE DEPARTMENT Act): comments due by 8-16- Unpublished information National Oceanic and Rate schedules filingÐ 99; published 7-6-99 availability; published 8-13- Atmospheric Administration Regional Transmission Television broadcasting: 99 Endangered and threatened Organizations; Cable television systemsÐ HEALTH AND HUMAN species: comments due by 8-16- SERVICES DEPARTMENT Findings on petitions, etc.Ð 99; published 6-10-99 12 GHz relay service; eligibility requirements; Food and Drug Barndoor skate; Oil pipelines: comments due by 8-16- Administration comments due by 8-20- Annual report; technical 99; published 8-2-99 Food additive petitions: 99; published 6-21-99 conference; comments Fishery conservation and due by 8-20-99; published GENERAL SERVICES Acidified sodium chlorite ADMINISTRATION solutions; published 8-13- management: 8-5-99 Federal Acquisition Regulation 99 Caribbean, Gulf, and South ENVIRONMENTAL (FAR): Petroleum wax; published 8- Atlantic fisheriesÐ PROTECTION AGENCY Nondisplacement of qualified 13-99 Gulf of Mexico reef fish; Air pollutants, hazardous; comments due by 8-16- workers; comments due SMALL BUSINESS national emission standards: 99; published 7-2-99 by 8-16-99; published 6- ADMINISTRATION Off-site waste and recovery 17-99 Puerto Rico and Virgin operations; comments due Business loans: Federal travel: Islands coral reef by 8-19-99; published 7- Collateral liquidation and resources; comments 20-99 Income tax reimbursement commercial loans sale; allowance; comments due due by 8-20-99; Air programs; approval and published 8-13-99 by 8-17-99; published 6- published 6-21-99 promulgation; State plans 18-99 TRANSPORTATION Magnuson-Stevens Act for designated facilities and DEPARTMENT provisionsÐ pollutants: HEALTH AND HUMAN National Highway Traffic Domestic fisheries; New York; comments due SERVICES DEPARTMENT Safety Administration exempted fishing by 8-18-99; published 7- Food and Drug Civil monetary penalties; permits; comments due 19-99 Administration inflation adjustment; by 8-19-99; published Air quality implementation Reports and guidance published 7-14-99 8-4-99 plans; approval and documents; availability, etc.: Importation of vehicles and Northeastern United States promulgation; various Veterinary Medicinal equipment subject to fisheriesÐ States: Products, International
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Cooperation on Undercapitalized federally- Bombardier; comments due Section 467 rental Harmonisation of insured credit unions; by 8-16-99; published 7- agreementsÐ Technical Requirements prompt corrective action 16-99 Agreements involving for RegistrationÐ system; comments due by British Aerospace; payments of 8-16-99; published 5-18- Anthelmintics efficacy; comments due by 8-16- $2,000,000; comments 99 general and specific 99; published 7-16-99 due by 8-16-99; recommendations; INTERIOR DEPARTMENT Cessna; comments due by published 5-18-99 comments due by 8-16- National Indian Gaming 8-16-99; published 7-16- 99; published 7-16-99 Commission 99 HOUSING AND URBAN Administrative practice and Construcciones LIST OF PUBLIC LAWS DEVELOPMENT procedure: Aeronauticas, S.A.; DEPARTMENT comments due by 8-16- Litigation involving agency; This is a continuing list of Mortgage and loan insurance 99; published 7-16-99 testimony, information, public bills from the current programs: and response to Dornier; comments due by session of Congress which Multifamily housing projects; subpoena; comments due 8-16-99; published 7-16- have become Federal laws. It tenant participation; by 8-16-99; published 7- 99 may be used in conjunction comments due by 8-16- 15-99 Eurocopter France; with ``P L U S'' (Public Laws 99; published 6-17-99 NORTHEAST DAIRY comments due by 8-16- Update Service) on 202±523± INTERIOR DEPARTMENT COMPACT COMMISSION 99; published 6-17-99 6641. This list is also Surface Mining Reclamation Over-order price regulations: Fairchild; comments due by available online at http:// and Enforcement Office Supply management 8-16-99; published 7-16- www.nara.gov/fedreg. Permanent program and program; hearings; 99 abandoned mine land comments due by 8-18- Fokker; comments due by The text of laws is not reclamation plan 99; published 6-21-99 8-16-99; published 7-16- published in the Federal submissions: 99 Register but may be ordered STATE DEPARTMENT in ``slip law'' (individual Indiana; comments due by Gulfstream Aerospace; Chemical Weapons pamphlet) form from the 8-16-99; published 7-15- comments due by 8-16- Convention and Chemical Superintendent of Documents, 99 99; published 7-16-99 Weapons Convention U.S. Government Printing Maryland; comments due by Implementation Act: Gulfstream American; Office, Washington, DC 20402 8-16-99; published 7-16- Sample taking and record comments due by 8-16- (phone, 202±512±1808). The 99 keeping and inspections; 99; published 7-16-99 text will also be made JUSTICE DEPARTMENT comments due by 8-20- International Aero Engines available on the Internet from Immigration and 99; published 7-21-99 AG; comments due by 8- GPO Access at http:// Naturalization Service TRANSPORTATION 16-99; published 6-15-99 www.access.gpo.gov/nara/ Nonimmigrant classes: DEPARTMENT Lockheed; comments due index.html. Some laws may not yet be available. F and J nonimmigrant Coast Guard by 8-16-99; published 7- aliens; status duration Ports and waterways safety: 16-99 H.R. 2565/P.L. 106±46 period extension; Gulf of Alaska, Narrow McDonnell Douglas; comments due by 8-16- Cape, Kodiak Island, AK; comments due by 8-16- To clarify the quorum 99; published 6-15-99 safety zone; comments 99; published 7-16-99 requirement for the Board of Correction; comments due due by 8-20-99; published Mitsubishi; comments due Directors of the Export-Import by 8-16-99; published 7-21-99 by 8-16-99; published 7- Bank of the United States. 16-99 (Aug. 11, 1999; 113 Stat. 227) 7-6-99 TRANSPORTATION H petitions filed after DEPARTMENT Saab; comments due by 8- Last List August 12, 1999 numerical cap is reached; Standard time zone 16-99; published 7-16-99 treatment; comments due boundaries: Sabreliner; comments due by 8-16-99; published 6- Kentucky; comments due by by 8-16-99; published 7- 15-99 8-20-99; published 6-21- 16-99 Public Laws Electronic JUSTICE DEPARTMENT 99 Short Brothers; comments Notification Service due by 8-16-99; published (PENS) Prisons Bureau TRANSPORTATION 7-16-99 Inmate control, custody, care, DEPARTMENT etc.: Federal Aviation Airworthiness standards: PENS is a free electronic mail Federal Tort Claims Act; Administration Special conditionsÐ notification service of newly comments due by 8-16- Boeing Model 707-353B Air traffic operating and flight enacted public laws. To 99; published 6-15-99 airplanes; comments rules, etc.: subscribe, send E-mail to due by 8-20-99; NATIONAL AERONAUTICS Checked baggage; security [email protected] with published 7-21-99 AND SPACE on domestic flights; the text message: ADMINISTRATION comments due by 8-17- Class E airspace; comments Federal Acquisition Regulation 99; published 6-11-99 due by 8-16-99; published SUBSCRIBE PUBLAWS-L (FAR): Airworthiness directives: 7-16-99 Your Name. Nondisplacement of qualified TREASURY DEPARTMENT Aerospatiale; comments due Note: This service is strictly workers; comments due by 8-16-99; published 7- Internal Revenue Service for E-mail notification of new by 8-16-99; published 6- 16-99 Income taxes: public laws. The text of laws 17-99 Airbus; comments due by 8- Gross proceeds payments is not available through this NATIONAL CREDIT UNION 16-99; published 7-15-99 to attorneys; reporting; service. PENS cannot respond ADMINISTRATION Bell; comments due by 8- comments due by 8-19- to specific inquiries sent to Credit unions: 16-99; published 6-17-99 99; published 5-21-99 this address.
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