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1 II Federal Register / Vol. 65, No. 177 / Tuesday, September 12, 2000
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2 III
Contents Federal Register Vol. 65, No. 177
Tuesday, September 12, 2000
Agricultural Marketing Service Education Department RULES NOTICES Kiwifruit grown in California and imported, 54945–54948 Agency information collection activities: Submission for OMB review; comment request, 55008 Agriculture Department See Agricultural Marketing Service Employment and Training Administration See Animal and Plant Health Inspection Service NOTICES See Cooperative State Research, Education, and Extension Adjustment assistance and NAFTA transitional adjustment Service assistance: See Farm Service Agency Levis Strauss & Co., 55048–55049 See Food and Nutrition Service Sommers, Inc., et al., 55049–55051 See Natural Resources Conservation Service NAFTA transitional adjustment assistance: See Rural Business-Cooperative Service Rockwell Automation, 55051 See Rural Housing Service Stanly Knitting Mills et al., 55051–55053 See Rural Utilities Service PROPOSED RULES Energy Department Acquisition regulations: See Federal Energy Regulatory Commission Contractor performance system; designation and NOTICES mandatory use, 54986–54987 Grants and cooperative agreements; availability, etc.: Solid State Energy Conversion Alliance, 55008–55009 Animal and Plant Health Inspection Service Environmental Protection Agency RULES RULES Plant-related quarantine, domestic: Hazardous waste: Asian longhorned beetle, 54943–54945 Project XL program; site-specific projects— Civil Rights Commission IBM Semiconductor Manufacturing Facility, Essex Junction, VT, 54955–54965 NOTICES NOTICES Meetings; State advisory committees: Air pollution control: Hawaii, 54993 Citizens suits; proposed settlements— Zinc Corp. of America; correction, 55076 Coast Guard Meetings: RULES Environmental Policy and Technology National Advisory Drawbridge operations: Council, 55024 California, 54954–54955 Superfund; response and remedial actions, proposed Commerce Department settlements, etc.: Koppers (Florence Plant) Site, SC, 55024 See International Trade Administration See National Oceanic and Atmospheric Administration Executive Office of the President See Management and Budget Office Cooperative State Research, Education, and Extension Service Farm Service Agency NOTICES PROPOSED RULES Grants and cooperative agreements; availability, etc.: Program regulations: National Research Initiative Competitive Grants Program, Emergency Farm Loan Program; requirements, 54973– 54989–54992 54981 Copyright Office, Library of Congress Federal Aviation Administration PROPOSED RULES RULES Copyright office and procedures, etc.: Class D airspace, 54950–54952 Cable statutory license; royalty rates adjustment, 54984– Class E airspace, 54952–54954 54985 Class E airspace; correction, 55076 PROPOSED RULES Defense Department Airworthiness directives: See Navy Department British Aerospace, 54981–54982 RULES Acquisition regulations: Federal Communications Commission Contract administration and audit services; correction, NOTICES 54968–54969 Meetings; Sunshine Act, 55024–55025 PROPOSED RULES Acquisition regulations: Federal Election Commission Foreign military sales contract line items; closeout NOTICES Withdrawn, 54985–54986 Meetings; Sunshine Act, 55025
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Federal Emergency Management Agency General Services Administration NOTICES RULES Disaster and emergency areas: Federal Management Regulation: Idaho, 55025–55026 Home-to-work transportation, 54965–54968 Montana, 55026 New Jersey, 55026–55027 Government Ethics Office RULES Federal Energy Regulatory Commission Standards of ethical conduct for Executive Branch NOTICES employees Hydroelectric applications, 55018–55021 Correction, 55076 Meetings; Sunshine Act, 55021–55024 Applications, hearings, determinations, etc.: Health and Human Services Department Algonquin LNG, Inc., 55009 See Food and Drug Administration ANR Pipeline Co., 55009–55010 See Health Care Financing Administration Casco Bay Energy Co., LLC, et al.; correction, 55076 See National Institutes of Health Distrigas of Massachusetts LLC, 55010 Duke Energy Corp., 55010–55011 Health Care Financing Administration EnergyUSA-TPC Corp., 55011 RULES Kinder Morgan Interstate Gas Transmission LLC, 55011 Medicaid: KO Transmission Co., 55011 State Children’s Health Insurance Program; allotments Maritimes & Northeast Pipeline, L.L.C., 55018 and payments to States Michigan Gas Storage Co., 55012 Correction, 55076 MI Energy, LLC, 55012 PROPOSED RULES Mississippi River Transmission Corp., 55009 Medicare: Morgan Stanley Capital Group Inc. et al., 55012–55013 Ambulance services payment; fee schedule; and National Fuel Gas Supply Corp., 55013 nonemergency ambulance services coverage; Oleander Power Project, L.P., 55013–55014 physician certification requirements, 55077–55100 Panhandle Eastern Pipe Line Co., 55014 NOTICES Portland General Electric Co. et al., 55014 Agency information collection activities: Reliant Energy Gas Transmission Co., 55014–55015 Proposed collection; comment request; meeting, 55030– Sea Robin Pipeline Co., 55015 55031 Southern Natural Gas Co., 55015–55016 Southwest Gas Storage Co., 55016 Housing and Urban Development Department Texas Gas Transmission Corp., 55016 RULES Trigen-Cholla LLC, 55016–55017 Low income housing: Trunkline Gas Co., 55017 Housing assistance payments (Section 8)— Trunkline LNG Co., 55017 Homeownership program, 55133–55168 Westcoast Gas Services Delaware (America) Inc., 55017– NOTICES 55018 Agency information collection activities: Proposed collection; comment request; correction, 55076 Federal Reserve System NOTICES Interior Department Meetings; Sunshine Act, 55027 See Fish and Wildlife Service See Land Management Bureau Fish and Wildlife Service See National Park Service NOTICES See Surface Mining Reclamation and Enforcement Office Agency information collection activities: Proposed collection; comment request, 55032–55035 Internal Revenue Service Wild Bird Conservation Act of 1992: NOTICES Approval applications— Meetings: Jordan, Rick, 55035 Art Advisory Panel, 55075 Van Oosten, Jan Roger, 55035 Citizen Advocacy Panels— Brooklyn District, 55075 Food and Drug Administration NOTICES International Trade Administration Agency information collection activities: NOTICES Reporting and recordkeeping requirements, 55027 Antidumping: Submission for OMB review; comment request, 55027– Granular polytetrafluoroethylene resin from— 55028 Italy, 54993–54994 Committees; establishment, renewal, termination, etc.: Industrial belts from— Medical Devices Advisory Committee et al., 55028–55030 Various countries, 54994–54996 Industrial nitrocellulose from— Food and Nutrition Service Various countries, 54997–54998 PROPOSED RULES Yugoslavia, 54996–54997 Child nutrition programs: Oil country tubular goods from— Child and adult care food program— Mexico, 54998–55003 Management and program integrity improvement, Polyethylene terephthalate film, sheet, and strip from— 55101–55132 Korea, 55003–55005
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Static random access memory semiconductors from— National Highway Traffic Safety Administration Taiwan, 55005–55006 NOTICES Overseas trade missions: Motor vehicle safety standards; exemption petitions, etc.: 2000 trade missions— Mercedes-Benz USA, LLC, 55073–55074 Automotive trade mission to ASEAN countries, et al., 55006–55007 National Institutes of Health NOTICES International Trade Commission Agency information collection activities: NOTICES Proposed collection; comment request, 55031 Import investigations: Meetings: Canned pineapple from— National Center for Complementary and Alternative Thailand, 55047 Medicine, 55031–55032 Ferrovanadium and nitrided vanadium from— Scientific Review Center, 55032 Russia, 55047 Pure magnesium from— China, 55047–55048 National Oceanic and Atmospheric Administration RULES Labor Department Fishery conservation and management: See Employment and Training Administration Alaska; fisheries of Exclusive Economic Zone— NOTICES License Limitation Program; correction, 54971–54972 Agency information collection activities: Atlantic highly migratory species— Submission for OMB review; comment request, 55048 Atlantic bluefin tuna, 54970–54971 International fisheries regulations: Land Management Bureau Pacific halibut— NOTICES Catch sharing plan, 54969–54970 Closure of public lands: PROPOSED RULES Idaho, 55035–55036 Fishery conservation and management: Coal leases, exploration licenses, etc.: Northeastern United States fisheries— Montana, 55036 New England Fishery Management Council; meetings, Meetings: 54987–54988 Powder River Regional Coal Team, 55036–55037 Resource Advisory Councils— National Park Service New Mexico, 55037–55038 NOTICES Protraction diagram plat filings: Environmental statements; notice of intent: Montana, 55038 Gaviota Coast Seashore, CA, 55039–55040 Realty actions; sales, leases, etc.: Glacier National Park, MT, 55040–55041 Arizona; correction, 55039 National Register of Historic Places: Survey plat filings: Pending nominations, 55041 Oregon/Washington, 55039 Native American human remains and associated funerary objects: Legal Services Corporation Kansas State Historical Society, KS— NOTICES Inventory from Kansas and Nebraska, 55041–55042 Meetings; Sunshine Act, 55053–55054 Peabody Museum of Archaeology and Ethnology, MA— Library of Congress Objects from Fort Stevenson, Dakota Territory, 55042– See Copyright Office, Library of Congress 55043 State Archaeologist Office, University of Iowa, IA— Management and Budget Office Inventory from Scott and Dubuque Counties, IA, et al., NOTICES 55044–55045 Agency information collection activities: State Archaeologist Office, University of Iowa, and State Submission for OMB review; comment request, 55065 Historical Society of Iowa, IA— Inventory from Polk County, IA, 55045–55046 Marine Mammal Commission State Historical Society of Iowa, IA— NOTICES Inventory from Allamakee County, IA, et al., 55043– Meetings; Sunshine Act, 55054–55055 55044 University of Denver, Anthropology Department and Merit Systems Protection Board Museum, CO— NOTICES Inventory from Sandoval County, NM, 55046–55047 Agency information collection activities: Submission for OMB review; comment request, 55055 National Science Foundation National Aeronautics and Space Administration NOTICES Agency information collection activities: NOTICES Inventions, Government-owned; availability for licensing, Proposed collection; comment request, 55056 55055 Natural Resources Conservation Service National Credit Union Administration NOTICES NOTICES Field office technical guides; changes: Meetings; Sunshine Act, 55055–55056 Alabama, 54992–54993
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Navy Department Securities and Exchange Commission NOTICES NOTICES Environmental statements; availability, etc.: Investment Company Act of 1940: Naval Air Warfare Center Weapons Division Point Mugu Exemption applications— Sea Range, CA, 55007 Propel, Inc., 55066–55069 Meetings: Self-regulatory organizations; proposed rule changes: Naval Academy, Board of Visitors, 55007–55008 Philadelphia Stock Exchange, Inc., 55069–55071
Nuclear Regulatory Commission Social Security Administration RULES NOTICES Energy Reorganization Act; Section 202 references; revision, Meetings: 54948–54950 Ticket to Work and Work Incentives Advisory Panel, NOTICES 55071–55072 Environmental statements; availability, etc.: Florida Power Corp., 55059–55061 Surface Mining Reclamation and Enforcement Office Environmental statements; notice of intent: AmerGen Energy Co., LLC, 55061–55064 PROPOSED RULES Reports and guidance documents; availability, etc.: Permanent program and abandoned mine land reclamation Radioactive waste management systems, structures, and plan submissions: components installed in light-water-cooled nuclear Texas, 54982–54984 power plants; design guidance, 55064 Safety-related concrete structures for nuclear power Surface Transportation Board plants (other than reactor vessels and containments), NOTICES 55064–55065 Railroad operation, acquisition, construction, etc.: Applications, hearings, determinations, etc.: Pennsylvania Lines LLC et al., 55074–55075 Pennsylvania Power Co. et al., 55056–55058 Tennessee Valley Authority Office of Management and Budget NOTICES See Management and Budget Office Meetings: Regional Resource Stewardship Council, 55072 Personnel Management Office NOTICES Transportation Department Agency information collection activities: See Coast Guard Proposed collection; comment request, 55065 See Federal Aviation Administration See National Highway Traffic Safety Administration Public Health Service See Surface Transportation Board NOTICES See Food and Drug Administration Agency information collection activities: See National Institutes of Health Proposed collection; comment request, 55072 Aviation proceedings: Railroad Retirement Board Agreements filed; weekly receipts, 55072–55073 NOTICES Agency information collection activities: Treasury Department Submission for OMB review; comment request, 55065– 55066 See Internal Revenue Service Supplemental annuity program; determination of quarterly rate of excise tax, 55066 Separate Parts In This Issue Rural Business-Cooperative Service PROPOSED RULES Part II Program regulations: Health Care Finanacing Administration, 55077–55100 Emergency Farm Loan Program; requirements, 54973– 54981 Part III Department of Agriculture, Food and Nutrition Service, Rural Housing Service 55101–55132 PROPOSED RULES Program regulations: Emergency Farm Loan Program; requirements, 54973– Part IV 54981 Housing and Urban Development, 55133–55168
Rural Utilities Service PROPOSED RULES Reader Aids Program regulations: Consult the Reader Aids section at the end of this issue for Emergency Farm Loan Program; requirements, 54973– phone numbers, online resources, finding aids, reminders, 54981 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.
5 CFR 2635...... 55076 7 CFR 301...... 54943 920...... 54945 944...... 54945 Proposed Rules: 226...... 55102 1945...... 54973 10 CFR 1...... 54948 2...... 54948 19...... 54948 30...... 54948 40...... 54948 50...... 54948 51...... 54948 70...... 54948 14 CFR 71 (4 documents) ...... 54950, 54952, 54953, 55076 Proposed Rules: 39...... 54981 24 CFR 5...... 55134 903...... 55134 982...... 55134 30 CFR Proposed Rules: 943...... 54982 33 CFR 117...... 54954 37 CFR Proposed Rules: 201...... 54984 256...... 54984 40 CFR 261...... 54955 41 CFR 101-16...... 54965 102-5...... 54965 42 CFR 447...... 55076 457...... 55076 Proposed Rules: 410...... 55078 414...... 55078 48 CFR 209...... 54968 Proposed Rules: 204...... 54985 442...... 54986 50 CFR 300...... 54969 635...... 54970 679...... 54971 Proposed Rules: 648...... 54987
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Rules and Regulations Federal Register Vol. 65, No. 177
Tuesday, September 12, 2000
This section of the FEDERAL REGISTER APHIS documents published in the artificial spread of ALB to noninfested contains regulatory documents having general Federal Register, and related areas of the United States. Portions of applicability and legal effect, most of which information, including the names of New York City and Nassau and Suffolk are keyed to and codified in the Code of organizations and individuals who have Counties in the State of New York and Federal Regulations, which is published under commented on APHIS dockets, are 50 titles pursuant to 44 U.S.C. 1510. portions of the State of Illinois are available on the Internet at http:// already designated as quarantined areas. www.aphis.usda.gov/ppd/rad/ The Code of Federal Regulations is sold by Recent surveys conducted by webrepor.html. the Superintendent of Documents. Prices of inspectors of State, county, and city new books are listed in the first FEDERAL FOR FURTHER INFORMATION CONTACT: Mr. REGISTER issue of each week. agencies and by inspectors of the Michael B. Stefan, Staff Officer, Invasive Animal and Plant Health Inspection Species and Pest Management Staff, Service (APHIS) have revealed that PPQ, APHIS, 4700 River Road, Unit 134, DEPARTMENT OF AGRICULTURE infestations of ALB have occurred Riverdale, MD 20737–1231; (301) 734– outside the quarantined areas in New Animal and Plant Health Inspection 7338. York City and in Nassau and Suffolk Service SUPPLEMENTARY INFORMATION: Counties, NY. Officials of the U.S. Background Department of Agriculture and officials 7 CFR Part 301 of State, county, and city agencies in The Asian longhorned beetle (ALB) New York are conducting an intensive [Docket No. 00±077±1] (Anoplophora glabripennis), an insect native to China, Japan, Korea, and the survey and eradication program in the Asian Longhorned Beetle Regulations; Isle of Hainan, is a destructive pest of infested areas. The State of New York Addition to Regulated Area hardwood trees. It is known to attack has quarantined the infested areas and is restricting the intrastate movement of AGENCY: healthy maple, horse chestnut, birch, Animal and Plant Health regulated articles from the quarantined Inspection Service, USDA. poplar, willow, elm, and locust trees. It may also attack other species of area to prevent the artificial spread of ACTION: Interim rule and request for ALB within the State. However, Federal comments. hardwood trees. In addition, nursery stock, logs, green lumber, firewood, regulations are necessary to restrict the SUMMARY: We are amending the Asian stumps, roots, branches, and debris of a interstate movement of regulated Longhorned Beetle regulations by half an inch or more in diameter are articles from the quarantined area to expanding the quarantined area in the subject to infestation. The beetle bores prevent the artificial spread of ALB to city of New York and in Nassau and into the heartwood of a host tree, other States and Canada. Suffolk Counties, NY. As a result of this eventually killing it. Immature beetles The regulations in § 301.51–3(a) action, the interstate movement of bore into tree trunks and branches provide that the Administrator of APHIS regulated articles from those areas is causing heavy sap flow from wounds will list as a quarantined area each restricted. This action is necessary on an and sawdust accumulation at tree bases. State, or each portion of a State, in emergency basis to prevent the artificial They feed on, and over-winter in, the which ALB has been found by an spread of the Asian longhorned beetle to interiors of trees. Adult beetles emerge inspector, in which the Administrator noninfested areas of the United States. in the spring and summer months from has reason to believe that ALB is DATES: This interim rule was effective round holes approximately three- present, or that the Administrator September 6, 2000. We invite you to eighths of an inch in diameter (about the considers necessary to regulate because comment on this docket. We will size of a dime) that they bore through of its inseparability for quarantine consider all comments that we receive the trunks of trees. After emerging, adult enforcement purposes from localities by November 13, 2000. beetles feed for 2 to 3 days and then where ALB has been found. ADDRESSES: Please send your comment mate. Adult females then lay eggs in Less than an entire State will be and three copies to: Docket No. 00–077– oviposition sites that they make on the quarantined only if (1) the branches of trees. A new generation of 1, Regulatory Analysis and Administrator determines that the State ALB is produced each year. If this pest Development, PPD, APHIS, Suite 3C03, has adopted and is enforcing restrictions moves into the hardwood forests of the 4700 River Road, Unit 118, Riverdale, on the interstate movement of regulated United States, the nursery, maple syrup, MD 20737–1238. articles; and (2) the designation of less Please state that your comment refers and forest products industries could than an entire State as a quarantined to Docket No. 00–077–1. experience severe economic losses. In area will be adequate to prevent the You may read any comments that we addition, urban and forest ALB artificial spread of ALB. receive on this docket in our reading infestations will result in environmental room. The reading room is located in damage, aesthetic deterioration, and a In accordance with these criteria and room 1141 of the USDA South Building, reduction in public enjoyment of the recent ALB findings described 14th Street and Independence Avenue, recreational spaces. above, we are amending § 301.51–3(c) SW, Washington, DC. Normal reading The Asian longhorned beetle by expanding the quarantined areas in room hours are 8 a.m. to 4:30 p.m., regulations (7 CFR 301.51–1 through the city of New York and in Nassau and Monday through Friday, except 301.51–9, referred to below as the Suffolk Counties, NY. The expanded holidays. To be sure someone is there to regulations) restrict the interstate and new quarantined areas are help you, please call (202) 690–2817 movement of regulated articles from described in the rule portion of this before coming. quarantined areas to prevent the document.
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Emergency Action National Environmental Policy Act 2. In § 301.51–3, paragraph (c), the An environmental assessment and entry for the State of New York is The Administrator of the Animal and revised to read as follows: Plant Health Inspection Service has finding of no significant impact have determined that an emergency exists been prepared for this on-going § 301.51±3 Quarantined areas. that warrants publication of this interim program. The environmental assessment * * * * * rule without prior opportunity for concludes that expanding the Federal (c) * * * quarantine for ALB will not have a public comment. Immediate action is New York necessary to prevent the ALB from significant impact on the quality of the spreading to noninfested areas of the human environment. Based on the New York City. That area in the United States. finding of no significant impact, the boroughs of Manhattan, Brooklyn, and Administrator of the Animal and Plant Queens in the City of New York that is Because prior notice and other public Health Inspection Service has bounded as follows: Beginning at a procedures with respect to this action determined that an environmental point where the Brooklyn Battery are impracticable and contrary to the impact statement need not be prepared. Tunnel intersects the Manhattan public interest under these conditions, The environmental assessment and shoreline of the East River; then north we find good cause under 5 U.S.C. 553 finding of no significant impact were along the shoreline of the East River to to make this action effective less than 30 prepared in accordance with: (1) The Whitehall Street; then north along days after publication. We will consider National Environmental Policy Act of Whitehall Street to Broadway; then comments that are received within 60 1969, as amended (NEPA) (42 U.S.C. north along Broadway to west 58th days of publication of this rule in the 4321 et seq.), (2) regulations of the Street; then west along west 58th Street Federal Register. After the comment Council on Environmental Quality for to the shoreline of the Hudson River; period closes, we will publish another implementing the procedural provisions then north along the shoreline of the document in the Federal Register. The of NEPA (40 CFR parts 1500–1508), (3) Hudson River to Martin Luther King, Jr., document will include a discussion of USDA regulations implementing NEPA Boulevard; then east along Martin any comments we receive and any (7 CFR part 1b), and (4) APHIS’ NEPA Luther King, Jr., Boulevard and across amendments we are making to the rule Implementing Procedures (7 CFR part the Triborough Bridge to the west as a result of the comments. 372). shoreline of Randall’s and Ward’s Executive Order 12866 and Regulatory Copies of the environmental Island; then east and south along the Flexibility Act assessment and finding of no significant shoreline of Randall’s and Ward’s Island impact are available for public to the Triborough Bridge; then east This rule has been reviewed under inspection at USDA, room 1141, South along the Triborough Bridge to the Executive Order 12866. For this action, Building, 14th Street and Independence Queens shoreline; then north and east the Office of Management and Budget Avenue, SW., Washington, DC, between along the Queens shoreline to the has waived its review process required 8 a.m. and 4:30 p.m., Monday through western boundary of LaGuardia Airport; under Executive Order 12866. Friday, except holidays. Persons then south and east along the LaGuardia This emergency situation makes wishing to inspect copies are requested Airport boundary to 94th Street; then compliance with section 603 and timely to call ahead on (202) 690–2817 to south along 94th Street to Junction compliance with section 604 of the facilitate entry into the reading room. In Boulevard; then south along Junction Regulatory Flexibility Act (5 U.S.C. 601 addition, copies may be obtained by Boulevard to Queens Boulevard; then et seq.) impracticable. We are currently writing to the individual listed under east along Queens Boulevard to assessing the potential economic effects FOR FURTHER INFORMATION CONTACT, by Yellowstone Boulevard; then south of this action on small entities. Based on calling the Plant Protection and along Yellowstone Boulevard to that assessment, we will either certify Quarantine fax service at (301) 734– Woodhaven Boulevard; then south that the rule will not have a significant 3560 and requesting document number along Woodhaven Boulevard to Atlantic economic impact on a substantial 0023, or by visiting the following Avenue; then west along Atlantic number of small entities or publish a Internet site: http:// Avenue to the Eastern Parkway final regulatory flexibility analysis. www.aphis.usda.gov/ppd/ead/ Extension; then south and west along ppqdocs.html. the Eastern Parkway Extension and Executive Order 12372 Eastern Parkway to Grand Army Plaza; Paperwork Reduction Act then west along the south side of Grand This program/activity is listed in the This interim rule contains no Army Plaza to Union Street; then west Catalog of Federal Domestic Assistance collection or recordkeeping along Union Street to Van Brunt Street; under No. 10.025 and is subject to requirements under the Paperwork then south along Van Brunt Street to Executive Order 12372, which requires Reduction Act of 1995 (44 U.S.C. 3501 Hamilton Avenue and the Brooklyn intergovernmental consultation with et seq.). Battery Tunnel; then north along State and local officials. (See 7 CFR part List of Subjects Hamilton Avenue and the Brooklyn 3015, subpart V.) Battery Tunnel to the East River; then Agricultural commodities, Plant Executive Order 12988 north along the Brooklyn Battery Tunnel diseases and pests, Quarantine, across the East River to the point of This rule has been reviewed under Reporting and recordkeeping beginning. Executive Order 12988, Civil Justice requirements, Transportation. That area in the borough of Queens in Reform. This rule: (1) Preempts all State Accordingly, we are amending 7 CFR the City of New York that is bounded as and local laws and regulations that are part 301 as follows: follows: Beginning at a point where the inconsistent with this rule; (2) has no 1. The authority citation for part 301 Grand Central Parkway intersects the retroactive effect; and (3) does not continues to read as follows: City of New York and Nassau County require administrative proceedings Authority: Title IV, Pub. L. 106–224, 114 line; then west along the Grand Central before parties may file suit in court Stat. 438, 7 U.S.C. 7701–7772; 7 U.S.C. 166; Parkway to 188th Street; then north challenging this rule. 7 CFR 2.22, 2.80, and 371.3. along 188th Street to the northern
VerDate 112000 08:38 Sep 11, 2000 Jkt 190000 PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 E:\FR\FM\12SER1.SGM pfrm04 PsN: 12SER1 Federal Register / Vol. 65, No. 177 / Tuesday, September 12, 2000 / Rules and Regulations 54945 boundary of the Kissena Corridor; then Done in Washington, DC, this 6th day of 720–5698, or E-mail: west along the northern boundary of the September 2000. [email protected]. Bobby R. Acord, Kissena Corridor, Kissena Park, and SUPPLEMENTARY INFORMATION: This final Kissena Corridor Park to Van Wyck Acting Administrator, Animal and Plant rule is issued under Marketing Order Expressway; then north along the Van Health Inspection, Service. No. 920, as amended (7 CFR part 920), Wyck Expresssway to the east shoreline [FR Doc. 00–23368 Filed 9–11–00; 8:45 am] regulating the handling of kiwifruit of the Flushing River; then west, north, BILLING CODE 3410±34±U grown in California, hereinafter referred and east along the Queens shoreline to to as the ‘‘order.’’ The order is effective the City of New York and Nassau under the Agricultural Marketing DEPARTMENT OF AGRICULTURE County line; then southeast along the Agreement Act of 1937, as amended (7 City of New York and Nassau County Agricultural Marketing Service U.S.C. 601–674), hereinafter referred to line to the point of beginning. as the ‘‘Act.’’ Nassau and Suffolk Counties. That 7 CFR Parts 920 and 944 This final rule is also issued under area in the villages of Amityville, West section 8e of the Act, which provides Amityville, North Amityville, Babylon, [Docket No. FV00±920±2 FR] that whenever certain specified West Babylon, Copiague, Lindenhurst, commodities, including kiwifruit, are Massapequa, Massapequa Park, and East Kiwifruit Grown in California and regulated under a Federal marketing Massapequa; in the towns of Oyster Bay Imported Kiwifruit; Relaxation of the order, imports of these commodities and Babylon; in the counties of Nassau Minimum Maturity Requirement into the United States are prohibited unless they meet the same or and Suffolk that is bounded as follows: AGENCY: Agricultural Marketing Service, comparable grade, size, quality, or Beginning at a point where West Main USDA. Street intersects the west shoreline of maturity requirements as those in effect ACTION: Final rule. Carlis Creek; then west along West Main for the domestically produced commodities. Street to Route 109; then north along SUMMARY: This rule relaxes the current The Department of Agriculture Route 109 to Arnold Avenue; then minimum maturity requirements for (Department) is issuing this rule in northwest along Arnold Avenue to fresh shipments of kiwifruit grown in conformance with Executive Order Albin Avenue; then west along Albin California and for kiwifruit imported 12866. Avenue to East John Street; then west into the United States. The Kiwifruit This rule has been reviewed under along East John Street to Wellwood Administrative Committee (Committee) Executive Order 12988, Civil Justice Avenue; then north along Wellwood which locally administers the marketing Reform. This action is not intended to Avenue to the Southern State Parkway; order for California kiwifruit have retroactive effect. This final rule then west along the Southern State unanimously recommended the change will not preempt any State or local laws, Parkway to Broadway; then south along for California kiwifruit. The change in regulations, or policies, unless they Broadway to Hicksville Road; then the import regulation is required under present an irreconcilable conflict with south along Hicksville Road to Division section 8e of the Agricultural Marketing Avenue; then south along Division this rule. Agreement Act of 1937. This action The Act provides that administrative Avenue to South Oyster Bay; then east allows handlers and importers to ship along the shoreline of South Oyster Bay proceedings must be exhausted before kiwifruit which meets the minimum parties may file suit in court. Under to Carlis Creek; then along the west maturity requirement of 6.2 percent shoreline of Carlis Creek to the point of section 608c(15)(A) of the Act, any soluble solids. This change is expected handler subject to an order may file beginning. to reduce handler inspection costs, with the Secretary a petition stating that That area in the villages of Bayshore, increase grower returns, and enable the order, any provision of the order, or East Islip, Islip, and Islip Terrace in the handlers and importers to compete more any obligation imposed in connection Town of Islip, in the County of Suffolk, effectively in the marketplace. with the order is not in accordance with that is bounded as follows: Beginning at EFFECTIVE DATE: September 13, 2000. law and request a modification of the a point where Route 27A intersects FOR FURTHER INFORMATION CONTACT: Rose order or to be exempted therefrom. A Brentwood Road; then east along Route Aguayo, Marketing Specialist, California handler is afforded the opportunity for 27A to the Southern State Parkway Marketing Field Office, Marketing Order a hearing on the petition. After the Heckscher Spur; then north and west Administration Branch, Fruit and hearing the Secretary would rule on the along the Southern State Parkway Vegetable Programs, AMS, USDA, 2202 petition. The Act provides that the Heckscher Spur to Carleton Avenue; Monterey Street, suite 102B, Fresno, district court of the United States in any then north along Carleton Avenue to the California 93721; telephone: (559) 487– district in which the handler is an southern boundary of the New York 5901, Fax: (559) 487–5906; or George inhabitant, or has his or her principal Institute of Technology; then west along Kelhart, Technical Advisor, Marketing place of business, has jurisdiction to the southern boundary of the New York Order Administration Branch, Fruit and review the Secretary’s ruling on the Institute of Technology through its Vegetable Programs, AMS, USDA, room petition, provided an action is filed not intersection with Wilson Boulevard to 2525-S, P.O. Box 96456, Washington, later than 20 days after the date of the Pear Street; then west along Pear Street DC 20090-6456; telephone: (202) 720– entry of the ruling. through its intersection with Freeman 2491, Fax: (202) 720–5698. There are no administrative Avenue to Riddle Street; then west Small businesses may request procedures which must be exhausted along Riddle Street to Broadway; then information on complying with this prior to any judicial challenge to the south along Broadway to the Southern regulation by contacting Jay Guerber, provisions of import regulations issued State Parkway Heckscher Spur; then Marketing Order Administration under section 8e of the Act. west along the Southern State Parkway Branch, Fruit and Vegetable Programs, Under the terms of the order, fresh Heckscher Spur to Brentwood Road; AMS, USDA, P.O. Box 96456, room market shipments of California kiwifruit then south along Brentwood Road to the 2525-S, Washington, DC 20090–6456; are required to be inspected and are point of beginning. telephone: (202) 720–2491, Fax: (202) subject to grade, size, maturity, pack
VerDate 112000 08:38 Sep 11, 2000 Jkt 190000 PO 00000 Frm 00003 Fmt 4700 Sfmt 4700 E:\FR\FM\12SER1.SGM pfrm04 PsN: 12SER1 54946 Federal Register / Vol. 65, No. 177 / Tuesday, September 12, 2000 / Rules and Regulations and container requirements. Current The Committee, at its May 2, 2000, Final Regulatory Flexibility Analysis requirements include specifications that meeting, unanimously recommended Pursuant to the requirements set forth such shipments be at least Size 45, relaxing the minimum maturity in the Regulatory Flexibility Act (RFA), grade at least KAC No. 1 quality, and requirements to 6.2 percent soluble the Agricultural Marketing Service contain a minimum of 6.5 percent solids because of the above-mentioned (AMS) has considered the economic soluble solids. factors and because this relaxation is impact of this final rule on small The order authorizes under expected to reduce handler inspection entities. Accordingly, AMS has § 920.52(a)(1) the establishment of costs, increase grower returns, and prepared this final regulatory flexibility minimum maturity requirements. enable handlers and importers to analysis. Section 920.302(a)(3) of the rules and compete more effectively in the The purpose of the RFA is to fit regulations outlines the minimum marketplace. regulatory actions to the scale of maturity requirements for fresh Section 8e of the Act provides that business subject to such actions in order shipments of California kiwifruit and when certain domestically produced that small businesses will not be unduly specifies that kiwifruit shall have a commodities, including kiwifruit, are or disproportionately burdened. minimum of 6.5 percent soluble solids regulated under a Federal order, imports Marketing orders issued pursuant to the at the time of inspection. of that commodity must meet the same Act, and rules issued thereunder, are Maturity is generally determined on or comparable grade, size, quality, and unique in that they are brought about the basis of total solids or soluble solids through group action of essentially content. Kiwifruit can ripen on or off maturity requirements. Since this rule relaxes the minimum maturity small entities acting on their own the vine and typically contains between behalf. Thus, both statutes have small 5 and 8 percent starch at harvest. This requirement under the domestic handling regulations, a corresponding entity orientation and compatibility. starch hydrolyzes into sugars during Import regulations issued under the Act ripening. Kiwifruit continues to ripen change to the import regulation must also be considered. are based on those established under while stored in refrigerated facilities Federal marketing orders. and may reach 16.2 percent soluble Minimum grade, size, quality, and There are approximately 56 handlers solids when completely ripe. maturity requirements for kiwifruit of California kiwifruit who are subject to In the 1980’s, the minimum maturity imported into the United States are regulation under the order and about requirements were established at 6.5 currently in effect under § 944.550 (7 400 kiwifruit producers in the regulated percent soluble solids for both the CFR 944.550). The minimum maturity area. There are approximately 50 domestic and import regulations. This requirement is covered in paragraph (a) importers of kiwifruit. Small minimum soluble solids level was of § 944.550. Paragraph (a) of § 944.550 agricultural service firms which include established because research showed states that the importation into the kiwifruit handlers and importers, have that the majority of fruit harvested at 6.5 United States of any kiwifruit is been defined by the Small Business percent soluble solids ripened to a 13.5– prohibited unless such kiwifruit meets Administration (13 CFR 121.201) as 14 percent soluble solids level or higher, all the requirements of a U.S. No. 1 those having annual receipts are less and stored well. Also, consumer taste grade as defined in the United States than $5,000,000, and small agricultural tests showed that fruit containing at Standards for Grades of Kiwifruit (7 CFR producers are defined as those whose least 13.5 percent soluble solids were 51.2335 through 51.2340) (Standards), annual receipts are less than $500,000. more acceptable than fruit containing except that the kiwifruit shall be ‘‘not Fifty-six handlers and fifty importers lower levels of soluble solids. These badly misshapen’’, and an additional have annual receipts of less than regulations benefited growers, handlers, tolerance of 7 percent is provided for $5,000,000, excluding receipts from consumers, and importers as ‘‘badly misshapen’’ fruit. The Standards other sources. Three hundred ninety improvements were seen in the quality define ‘‘Mature’’ to mean that the fruit producers have annual sales less than of fruit shipped to the market place, has reached the stage of development $500,000, excluding receipts from any domestic and export sales, and grower which will ensure the proper other sources. Therefore, a majority of returns. completion of the ripening process. The the kiwifruit handlers, importers, and Since that time a number of factors Standards further specify that the producers may be classified as small have changed: (1) Research conducted minimum average soluble solids, unless entities. during the 1990’s has shown that fruit otherwise specified, shall be not less This rule relaxes the minimum harvested at 6.2 percent soluble solids than 6.5 percent. maturity requirements specified in and handled properly has the potential § 920.302(a)(3) (7 CFR part 920) of the The relaxation in the minimum to ripen to 12.6 percent soluble solids or order’s regulations and in § 944.550 (7 maturity requirement for importers of higher, (2) recent consumer taste tests CFR 944.550) for imported kiwifruit. kiwifruit will also have a beneficial have shown that fruit containing at least These sections, respectively, allow impact. This rule relaxes the minimum 12.6 percent soluble solids has a high handlers and importers to ship kiwifruit maturity requirement for imported level of acceptability, and (3) the which meets the minimum maturity kiwifruit from 6.5 percent soluble solids majority of the kiwifruit producing requirement of 6.5 percent soluble countries are now utilizing 6.2 percent to 6.2 percent soluble solids. The solids. Relaxation of the minimum soluble solids as their guideline for majority of the kiwifruit producing maturity requirements to 6.2 percent minimum maturity. countries now are utilizing a 6.2 percent soluble solids is expected to reduce The six countries exporting kiwifruit soluble solids level as their guideline for handler inspection costs, increase to the United States are New Zealand, minimum maturity. Thus, importers grower returns, and enable handlers and Chile, Greece, France, Italy, and Canada. will be able to utilize one minimum importers to compete more effectively in New Zealand has a mandatory maturity maturity standard for shipments of the marketplace. Authority for this standard of 6.2 percent soluble solids. kiwifruit. action is provided in § 920.52 (a)(1) of Chile, Greece, France, Italy, and Canada The metric equivalent of the the order, and section 8e of the Act. utilize a voluntary 6.2 percent soluble minimum sizes currently specified is Regarding the impact of this action on solids guideline for minimum maturity. also added to paragraph (a) of § 944.550. affected entities, relaxing the minimum
VerDate 112000 08:38 Sep 11, 2000 Jkt 190000 PO 00000 Frm 00004 Fmt 4700 Sfmt 4700 E:\FR\FM\12SER1.SGM pfrm04 PsN: 12SER1 Federal Register / Vol. 65, No. 177 / Tuesday, September 12, 2000 / Rules and Regulations 54947 maturity requirement to 6.2 percent estimate the amount of increased grower regulation implementation, time, soluble solids is expected to benefit returns. expenses, imports, and enforcement. handlers and importers. Handlers and Additionally, recent consumer taste Another alternative discussed was to importers will be able to utilize one tests have shown that fruit containing at eliminate the minimum maturity minimum maturity standard for the least 12.6 percent soluble solids has a requirement from the order. It was majority of shipments of kiwifruit. The high level of acceptability. Research determined that there is still a need to majority of the kiwifruit producing conducted during the 1990’s also has have a maturity testing system in place countries now utilize 6.2 percent shown that fruit with 6.2 percent to prevent the immature fruit from soluble solids as their guideline for soluble solids and that is handled entering the market. Thus, this minimum maturity. Importers have not properly has the potential to ripen to alternative was not adopted. experienced problems meeting the 12.6 percent soluble solids. Relaxing the Utilizing a different testing method minimum maturity requirement of 6.5 minimum maturity requirement should was also considered. Utilization of a dry percent soluble solids. Therefore, it is make more kiwifruit available to weight test (total solids test) versus the expected that importers will not have consumers early in the season. currently used refractometer to measure any difficulty meeting the relaxed In the past, some early season fruit maturity was discussed. This suggestion minimum maturity requirement of 6.2 failed to meet minimum maturity was not adopted because the test will be percent soluble solids. requirements at the time of inspection. hard to implement, burdensome, and Imports account for 67 percent of Handlers had the option of re- costly to the industry. domestic shipments and enter the conditioning the fruit or placing it into Finally, another alternative presented United States between the months of cold storage to ripen. After the soluble in the meeting was to increase the March and August. Recent yearly data solids content was high enough to meet minimum maturity requirement. This indicate that imports during the months the minimum maturity requirements, alternative was not acceptable because it of September through March are the fruit was reinspected and the fails to recognize the recent findings handler was billed for the original negligible. New Zealand, Chile, and that consumers find fruit with lower inspection and the reinspection. Italy were the principal sources of soluble solids acceptable. Relaxing the minimum maturity imported fruit during the 1999–2000 This final rule relaxes the minimum requirement to a 6.2 percent soluble (August 1–July 31) season, and maturity requirements under the accounted for 98 percent of the total solids level is expected to provide kiwifruit marketing order and the import shipments, with the remaining incentives for proper harvesting and import regulation. Accordingly, this imports being supplied by France, handling of early fruit and to result in action will not impose any additional Greece, and Canada. Chile has been the lower inspection costs. Thus, both large reporting or recordkeeping requirements largest exporter of kiwifruit to the and small handlers should be able to on either small or large kiwifruit United States since 1993. Chile shipped benefit in the marketplace. handlers and importers. As with all approximately 8 million tray The Committee expressed concern Federal marketing order programs, equivalents (about 7 pounds of fruit per that lowering the minimum maturity reports and forms are periodically tray) into the U.S. market during the requirements to 6.2 percent soluble reviewed to reduce information 1999–2000 season, representing over 56 solids might result in a larger quantity percent of total market share. New of undersized fruit. However, the requirements and duplication by Zealand shipped approximately 3 Committee expects growers to industry and public sector agencies. million tray equivalents; Italy shipped voluntarily test for minimum maturity As noted in the initial regulatory approximately 1 million tray and size before harvesting a field to flexibility analysis, the Department has equivalents; and Greece, France, and limit harvesting unacceptable fruit. not identified any relevant Federal rules Canada had combined shipments of Other alternatives have been that duplicate, overlap or conflict with approximately 200,500 tray equivalents. suggested regarding the minimum this final rule. The amount of imported kiwifruit is maturity requirements, but will not Further, the Committee’s meeting was expected to increase during the 2000– adequately address the problem. The widely publicized throughout the 2001 season. Italy is expected to have a first alternative was to leave the kiwifruit industry and all interested bumper crop and the U.S. tariff regulation unchanged. However, this persons were invited to attend the restrictions on imports from New alternative will not address the changes meeting and participate in Committee Zealand were lifted in August 1999. in marketing conditions and in deliberations. Like all Committee The Committee believes that lowering consumer acceptance of fruit with a meetings, the May 2, 2000, meeting was the minimum maturity requirements to lower level of soluble solids. a public meeting and all entities, both 6.2 percent soluble solids will benefit Another alternative considered was to large and small, were able to express large and small entities equally. regulate the current minimum maturity their views on this issue. Finally, Handlers and importers will be able to at the time of harvest. The Committee interested persons were invited to maximize shipments of early-season also considered utilizing the New submit information on the regulatory kiwifruit. The shipment of early-season Zealand ‘‘Kiwi Start’’ program which and informational impacts of this action kiwifruit is expected to result in also tests for minimum maturity in the on small businesses. No such comments increased grower returns, as such fruit field at the time of harvest. These were received. normally commands a higher price than alternatives were not considered viable. A proposed rule concerning this fruit harvested later in the season. The regulation of growers is not action was published in the Federal The amount of fruit harvested for the authorized under the Act. Register on July 31, 2000 (65 FR 46658). early market is dependent upon market Consideration was given to removing Interested persons were invited to conditions, the storability of fruit, and the 6.5 percent soluble solids minimum submit written comments until August the overall size and quality of the crop. maturity requirement from the order 30, 2000. Copies of the rule were mailed Since such information is not yet and adding it to the California State or sent via facsimile to all known available, the Committee was not able to Code of Regulations. This option was interested parties. Finally, the rule was estimate the amount of fruit that will be not acceptable to the Committee because made available through the Internet by shipped during the early season, nor of concerns regarding layers of the Office of the Federal Register.
VerDate 112000 08:38 Sep 11, 2000 Jkt 190000 PO 00000 Frm 00005 Fmt 4700 Sfmt 4700 E:\FR\FM\12SER1.SGM pfrm04 PsN: 12SER1 54948 Federal Register / Vol. 65, No. 177 / Tuesday, September 12, 2000 / Rules and Regulations
One comment was received during List of Subjects Dated: September 8, 2000. the comment period in response to the Robert C. Keeney, 7 CFR Part 920 proposal. The commenter, representing Deputy Administrator, Fruit and Vegetable the European Community, supports the Kiwifruit, Marketing agreements, Programs. relaxation of the minimum maturity Reporting and recordkeeping [FR Doc. 00–23496 Filed 9–8–00; 12:52 pm] standard to 6.2 percent soluble solids, as requirements. BILLING CODE 3410±02±P it will simplify commerce. The 7 CFR Part 944 European Community also urged the United States to incorporate relevant Avocados, Food grades and standards, NUCLEAR REGULATORY international standards of the Economic Grapefruit, Grapes, Imports, Kiwifruit, COMMISSION Commission for Europe of the UN (UN/ Limes, Olives, Oranges. ECE) and of the Organization for 10 CFR Parts 1, 2, 19, 30, 40, 50, 51, For the reasons set forth in the and 70 Economic Co-operation and preamble, 7 CFR parts 920 and 944 are Development (OECD) into our amended as follows: RIN 3150±AG53 regulations, including the U.S. Standards for Grades of Kiwifruit (7 CFR PART 920ÐKIWIFRUIT GROWN IN Revision of References to Section 202 51.2335 to 51.2340). These requests are CALIFORNIA of the Energy Reorganization Act outside the scope of this rulemaking AGENCY: Nuclear Regulatory action. However, these suggestions will 1. The authority citation for 7 CFR Commission. parts 920 and 944 continues to read as be reviewed for further appropriate ACTION: Final rule. action in connection with this program. follows: Accordingly, no changes will be made Authority: 7 U.S.C. 601–674. SUMMARY: This final rule makes a number of minor conforming changes to to the rule as proposed, based on the 2. In § 920.302, paragraph (a)(3) is comments received. the regulations that reference Section revised to read as follows: 202 of the Energy Reorganization Act. A small business guide on complying § 920.302 Grade, size, pack, and container The final rule is necessary to remove the with fruit, vegetable, and specialty crop regulations. footnotes that describe the provisions of marketing agreements and orders may Section 202 in order for all such (a) * * * be viewed at the following web site: references in the regulations to be http://www.ams.usda.gov/fv/ * * * * * consistent and complete. This final rule moab.html. Any questions about the (3) Maturity requirements. Such also corrects a typographical error in compliance guide should be sent to Jay kiwifruit shall have a minimum of 6.2 Part 19, makes other minor changes to Guerber at the previously mentioned percent soluble solids at the time of conform Part 51 to other parts of this address in the FOR FURTHER INFORMATION inspection. chapter, and reflects the abolishment of CONTACT section. * * * * * the Office for Analysis and Evaluation In accordance with section 8e of the of Operational Data. PART 944ÐFRUITS; IMPORT Act, the United States Trade EFFECTIVE DATE: September 12, 2000. REGULATIONS Representative has concurred with the FOR FURTHER INFORMATION CONTACT: issuance of this final rule. Alzonia W. Shepard, Rules and 3. In § 944.550, paragraph (a) is Directives Branch, U.S. Nuclear After consideration of all relevant revised to read as follows: Regulatory Commission, Washington, matter presented, including the § 944.550 Kiwifruit import regulation. DC 20555–0001. Telephone: (301) 415– information and recommendation 6864. submitted by the Board and other (a) Pursuant to section 8e of the SUPPLEMENTARY INFORMATION: available information, it is hereby found Agricultural Marketing Agreement Act that this rule, as hereinafter set forth, of 1937, as amended, the importation Background will tend to effectuate the declared into the United States of any kiwifruit There are multiple references to policy of the Act. is prohibited unless such kiwifruit Section 202 of the Energy It is further found that good cause meets all the requirements of the U.S. Reorganization Act of 1974, in NRC exists for not postponing the effective No. 1 grade as defined in the United regulations at 10 CFR 2.4, 30.4, 40.4, date of this rule until 30 days after States Standards for Grades of Kiwifruit 50.2, 50.11, 70.4, and 70.11. These publication in the Federal Register (5 (7 CFR 51.2335 through 51.2340), except references are inconsistent in that some U.S.C. 553) because: (1) This rule that the kiwifruit shall be ‘‘not badly cite Section 202, while others describe should be in effect promptly because the misshapen,’’ and an additional tolerance provisions of Section 202 in a footnote. of 7 percent is provided for kiwifruit 2000–2001 harvest in California is Those references that describe Section that is ‘‘badly misshapen,’’ and except expected to begin soon; (2) these 202 are also incomplete because they do that such kiwifruit shall have a changes were unanimously not reflect amendments to Section 202. minimum of 6.2 percent soluble solids. Because of the inconsistency and recommended by the Committee and Such fruit shall be at least Size 45, interested persons had an opportunity incompleteness of the references to which means there shall be a maximum Section 202, and to avoid repeated to provide input; (3) handlers are aware of 55 pieces of fruit and the average changes to the regulations to reflect any of this change which was recommended weight of all samples in a specific lot amendments of Section 202, the NRC is at a public meeting; and (4) a 30-day must weigh at least 8 pounds (3.632 amending the regulations to cite Section comment period was provided for in the kilograms), provided that no individual 202, rather than include text of Section proposed rule, and the comment sample may be less than 7 pounds 12 202 in a footnote. received supported the reduced ounces (3.472 kilograms). The NRC is also making other minor maturity requirement. * * * * * conforming changes to its regulations:
VerDate 112000 08:38 Sep 11, 2000 Jkt 190000 PO 00000 Frm 00006 Fmt 4700 Sfmt 4700 E:\FR\FM\12SER1.SGM pfrm04 PsN: 12SER1 Federal Register / Vol. 65, No. 177 / Tuesday, September 12, 2000 / Rules and Regulations 54949 deletion of 10 CFR 1.35, ‘‘Office for For the reasons set out in the Sections 2.800 and 2.808 also issued under Analysis and Evaluation of Operational preamble and under the authority of the 5 U.S.C. 553. Section 2.809 also issued under Data’’ because that office has been Atomic Energy Act of 1954, as amended, 5 U.S.C. 553 and sec. 29, Pub. L. 85–256, 71 Stat. 579, as amended (42 U.S.C. 2039). abolished; correction of a typographical the Energy Reorganization Act of 1974, Subpart K also issued under sec. 189, 68 Stat. error in 10 CFR 19.32 by substituting as amended, and 5 U.S.C. 552 and 553, 955 (42 U.S.C. 2239); sec. 134, Pub. L. 97– ‘‘Title VII’’ for ‘‘Title VI;’’ and deletion the NRC is adopting the following 425, 96 Stat. 2230 (42 U.S.C. 10154). Subpart in 10 CFR 51.22(c)(1) of the reference to amendments to 10 CFR Parts 1, 2, 19, L also issued under sec. 189, 68 Stat. 955 (42 Part 0 because of the repeal of that part. 30, 40, 50, 51, and 70. U.S.C. 2239). Appendix A also issued under Because these amendments involve sec. 6, Pub. L. 91–560, 84 Stat. 1473 (42 either matters of agency organization or PART 1ÐSTATEMENT OF U.S.C. 2135). minor conforming changes to existing ORGANIZATION AND GENERAL § 2.4 [Amended] regulations, the NRC has determined INFORMATION 4. In § 2.4, in the definition of the that notice and comment under the 1. The authority citation for Part 1 term ‘‘person,’’ footnote 4 is removed. Administrative Procedure Act 5 U.S.C. continues to read as follows: 553(b) (A) and (B) is unnecessary and that good cause exists to dispense with Authority: Secs. 23, 161, 68 Stat. 925, 948, PART 19ÐNOTICES, INSTRUCTIONS, such notice and comment. For these as amended (42 U.S.C. 2033, 2201); sec. 29, AND REPORTS TO WORKERS; Pub. L. 85–256, 71 Stat. 579, Pub. L. 95–209, INSPECTION AND INVESTIGATIONS reasons, good cause also exists to 91 Stat. 1483 (42 U.S.C. 2039); sec. 191, Pub. dispense with the usual 30-day delay in L. 87–615, 76 Stat. 409 (42 U.S.C. 2241); secs. 5. The authority citation for Part 19 the effective date. Therefore, the 201, 203, 204, 205, 209, 88 Stat.1242, 1244, continues to read as follows: amendments are effective upon their 1245, 1246, 1248, as amended (42 U.S.C. publication in the Federal Register. 5841, 5843, 5844, 5845, 5849); 5 U.S.C. 552, Authority: Secs. 53, 63, 81, 103, 104, 161, 553; Reorganization Plan No. 1 of 1980, 45 186, 68 Stat. 930, 933, 935, 936, 937, 948, Environmental Impact: Categorical FR 40561, June 16, 1980. 955, as amended, sec. 234, 83 Stat. 444, as Exclusion amended, sec. 1701, 106 Stat. 2951, 2952, § 1.35 [Removed] 2953 (42 U.S.C. 2073, 2093, 2111, 2133, 2134, The NRC has determined that this 2201, 2236, 2282 2297f); sec. 201, 88 Stat. final rule is the type of action described 2. Section 1.35 is removed. 1242, as amended (42 U.S.C. 5841); Pub. L. 95–601, sec. 10, 92 Stat. 2951 (42 U.S.C. in categorical exclusion 10 CFR 51.22 PART 2ÐRULES OF PRACTICE FOR (c) (1) and (2). Therefore, neither an 5851). DOMESTIC LICENSING PROCEEDINGS 6. Section 19.32 is revised to read as environmental impact statement nor an AND ISSUANCE OF ORDERS environmental assessment has been follows: prepared for this final rule. 3. The authority citation for Part 2 § 19.32 Discrimination prohibited. Paperwork Reduction Act Statement continues to read as follows: No person shall on the ground of sex Authority: Secs.161, 181, 68 Stat. 948, 953, be excluded from participation in, be This final rule does not contain a new as amended (42 U.S.C. 2201, 2231); sec. 191, denied the benefits of, or be subjected or amended information collection as amended, Pub. L. 87–615, 76 Stat. 409 (42 to discrimination under any program or requirement subject to the Paperwork U.S.C. 2241); sec. 201, 88 Stat.1242, as activity licensed by the Nuclear amended (42 U.S.C. 5841); 5 U.S.C. 552. Reduction Act of 1995 (44 U.S.C. 3501 Regulatory Commission. This provision et seq.). Existing requirements were Section 2.101 also issued under secs. 53, will be enforced through agency approved by the Office of Management 62, 63, 81, 103, 104, 105, 68 Stat. 930, 932, provisions and rules similar to those and Budget, approval numbers 3150– 933, 935, 936, 937, 938, as amended (42 already established, with respect to U.S.C. 2073, 2092, 2093, 2111, 2133, 2134, 0044, –0017, –0020, –0011, –0021, and racial and other discrimination, under –0009. 2135); sec. 114(f), Pub. L. 97–425, 96 Stat. 2213, as amended (42 U.S.C. 10134(f)); sec. Title VII of the Civil Rights Act of 1964. Public Protection Notification 102, Pub. L. 91-190, 83 Stat. 853, as amended This remedy is not exclusive, however, (42 U.S.C. 4332); sec. 301, 88 Stat. 1248 (42 and will not prejudice or cut off any If a means used to impose an U.S.C. 5871). Sections 2.102, 2.103, 2.104, other legal remedies available to a information collection does not display 2.105, 2.721 also issued under secs. 102, 103, discriminatee. a currently valid OMB control number, 104, 105, 183, 189, 68 Stat. 936, 937, 938, the NRC may not conduct or sponsor, 954, 955, as amended (42 U.S.C. 2132, 2133, PART 30ÐRULES OF GENERAL and a person is not required to respond 2134, 2135, 2233, 2239). Section 2.105 also APPLICABILITY TO DOMESTIC to, the information collection. issued under Pub. L. 97–415, 96 Stat. 2073 LICENSING OF BYPRODUCT (42 U.S.C. 2239). Sections 2.200–2.206 also MATERIAL Regulatory Analysis issued under secs. 161 b, i, o, 182, 186, 234, A regulatory analysis has not been 68 Stat. 948–951, 955, 83 Stat. 444, as 7. The authority citation for Part 30 amended (42 U.S.C. 2201 (b), (i), (o), 2236, continues to read as follows: prepared for this final rule because the 2282); sec. 206, 88 Stat 1246 (42 U.S.C. 5846). final rule makes minor conforming Sections 2.205(j) also issued under Pub. L. Authority: Secs. 81, 82, 161, 182, 183, 186, changes to the regulations that reference 101–410, 104 Stat. 890, as amended by 68 Stat. 935, 948, 953, 954, 955, as amended, Section 202 of the Energy section 31001(s), Pub. L. 104–134, 110 Stat. sec. 234, 83 Stat. 444, as amended (42 U.S.C. Reorganization Act, and makes other 1321–373 (28 U.S.C. 2461 note). Sections 2111, 2112, 2201, 2232, 2233, 2236, 2282); minor changes to the regulations. 2.600–2.606 also issued under sec. 102, Pub. secs. 201, as amended, 202, 206, 88 Stat. L. 91–190, 83 Stat. 853, as amended (42 1242, as amended, 1244, 1246 (42 U.S.C. Backfit Analysis U.S.C. 4332). Sections 2.700a, 2.719 also 5841, 5842, 5846). The NRC has determined that these issued under 5 U.S.C. 554. Sections 2.754, Section 30.7 also issued under Pub. L. 95– 2.760, 2.770, 2.780 also issued under 5 U.S.C. amendments do not involve any 601, sec. 10, 92 Stat. 2951 as amended by 557. Section 2.764 also issued under secs. Pub. L. 102–486, sec. 2902, 106 Stat. 3123, provisions which would impose backfits 135, 141, Pub. L. 97–425, 96 Stat. 2232, 2241 (42 U.S.C. 5851). Section 30.34(b) also issued as defined in 10 CFR 50.109(a)(1); (42 U.S.C. 10155, 10161). Section 2.790 also under sec.184, 68 Stat. 954, as amended (42 therefore, a backfit analysis need not be issued under sec. 103, 68 Stat. 936, as U.S.C. 2234). Section 30.61 also issued under prepared. amended (42 U.S.C. 2133) and 5 U.S.C. 552. sec. 187, 68 Stat. 955 (42 U.S.C. 2237).
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§ 30.4 [Amended] Stat. 2073 (42 U.S.C. 2239). Section 50.78 sec. 234, 83 Stat. 444, as amended, (42 U.S.C. also issued under sec. 122, 68 Stat. 939 (42 8. In § 30.4, in the definition of the 2071, 2073, 2201, 2232, 2233, 2282, 2297f); U.S.C. 2152). Sections 50.80–50.81 also secs. 201, as amended, 202, 204, 206, 88 Stat. term ‘‘person,’’ footnote 1 is removed. issued under sec. 184, 68 Stat. 954, as 1242, as amended, 1244, 1245, 1246 (42 amended (42 U.S.C. 2234). Appendix F also U.S.C. 5841, 5842, 5845, 5846). Sec. 193, 104 PART 40ÐDOMESTIC LICENSING OF issued under sec. 187, 68 Stat. 955 (42 U.S.C Stat. 2835 as amended by Pub.L. 104–134, SOURCE MATERIAL 2237). 110 Stat. 1321, 1321–349 (42 U.S.C. 2243). Sections 70.1(c) and 70.20a(b) also issued 9. The authority citation for Part 40 § 50.2 [Amended] continues to read as follows: under secs. 135, 141, Pub. L. 97–425, 96 Stat. 12. In § 50.2, in the definition 2232, 2241 (42 U.S.C. 10155, 10161). Section Authority: Secs. 62, 63, 64, 65, 81, 161, ‘‘person,’’ footnote 1 is removed. 70.7 also issued under Pub. L. 95–601, sec. 182, 183, 186, 68 Stat. 932, 933, 935, 948, 10, 92 Stat. 2951 (42 U.S.C. 5851). Section 953, 954, 955, as amended, secs. 11e(2), 83, § 50.11 [Amended] 70.21(g) also issued under sec. 122, 68 Stat. 84, Pub. L. 95–604, 92 Stat. 3033, as 13. In § 50.11, paragraph (b), 939 (42 U.S.C. 2152). Section 70.31 also amended, 3039, sec. 234, 83 Stat. 444, as introductory text, footnote 2 is removed. issued under sec. 57d, Pub. L. 93–377, 88 amended (42 U.S.C. 2014(e)(2), 2092, 2093, Stat. 475 (42 U.S.C. 2077). Sections 70.36 and 2094, 2095, 2111, 2113, 2114, 2201, 2232, PART 51ÐENVIRONMENTAL 70.44 also issued under sec. 184, 68 Stat. 954, 2233, 2236, 2282); sec. 274, Pub. L. 86–373, PROTECTION REGULATIONS FOR as amended (42 U.S.C. 2234). Section 70.61 73 Stat. 688 (42 U.S.C. 2021); secs. 201, as also issued under secs. 186, 187, 68 Stat. 955 amended, 202, 206, 88 Stat. 1242, as DOMESTIC LICENSING AND RELATED REGULATORY FUNCTIONS (42 U.S.C. 2236, 2237). Section 70.62 also amended, 1244, 1246 (42 U.S.C. 5841, 5842, issued under sec. 108, 68 Stat. 939, as 5846); sec. 275, 92 Stat. 3021, as amended by amended (42 U.S.C. 2138). Pub. L.97–415, 96 Stat. 2067 (42 U.S.C. 14. The authority citation for Part 51 2022); sec. 193, 104 Stat. 2835, as amended is revised to read as follows: § 70.4 [Amended] by Pub. L. 104–134, 110 Stat. 1321, 1321–349 Authority: Sec. 161, 68 Stat. 948, as 17. In § 70.4, in the definition (42 U.S.C. 2243). amended, sec. 1701, 106 Stat. 2951, 2952, ‘‘person,’’ footnote 9 is removed. Section 40.7 also issued under Pub. L. 95– 2953, (42 U.S.C. 2201, 2297f); secs. 201, as 601, sec. 10, 92 Stat. 2951 (42 U.S.C. 5851). amended, 202, 88 Stat. 1242, as amended, § 70.11 [Amended] Section 40.31(g) also issued under sec. 122, 1244 (42 U.S.C. 5841, 5842). Subpart A also 68 Stat. 939 (42 U.S.C. 2152). Section 40.46 issued under National Environmental Policy 18. In § 70.11, in the introductory text, also issued under sec. 184, 68 Stat. 954, as Act of 1969, secs. 102, 104, 105, 83 Stat. 853– footnote 10 is removed. 854, as amended (42 U.S.C. 4332, 4334, amended (42 U.S.C. 2234). Section 40.71 also Dated at Rockville, Maryland, this 28th day 4335); and Pub. L. 95–604, Title II, 92 Stat. issued under sec. 187, 68 Stat. 955 (42 U.S.C. of August, 2000. 3033–3041; and sec. 193, Pub. L. 101–575, 2237). 104 Stat. 2835 (42 U.S.C. 2243). Sections For the Nuclear Regulatory Commission. 51.20, 51.30, 51.60, 51.80. and 51.97 also William D. Travers, § 40.4 [Amended] issued under secs. 135, 141, Pub. L. 97–425, Executive Director for Operations. 96 Stat. 2232, 2241, and sec. 148, Pub. L. 10. In § 40.4, in the definition [FR Doc. 00–23356 Filed 9–11–00; 8:45 am] ‘‘person,’’ footnote 1 is removed. 100–203, 101 Stat. 1330–223 (42 U.S.C. 10155, 10161, 10168). Section 51.22 also BILLING CODE 7590±01±P PART 50ÐDOMESTIC LICENSING OF issued under sec. 274, 73 Stat. 688, as amended by 92 Stat. 3036–3038 (42 U.S.C. PRODUCTION AND UTILIZATION 2021) and under Nuclear Waste Policy Act of FACILITIES 1982, sec 121, 96 Stat. 2228 (42 U.S.C. DEPARTMENT OF TRANSPORTATION 10141). Sections 51.43, 51.67, and 51.109 11. The authority citation for Part 50 also under Nuclear Waste Policy Act of 1982, Federal Aviation Administration continues to read as follows: sec 114(f), 96 Stat. 2216, as amended (42 Authority: Secs. 102, 103, 104, 105, 161, U.S.C. 10134(f)). 14 CFR Part 71 182, 183, 186, 189, 68 Stat. 936, 937, 938, 15. In § 51.22, paragraph (c)(1) is 948, 953, 954, 955, 956, as amended, sec. revised to read as follows: 234, 83 Stat. 1244, as amended (42 U.S.C. [Airspace Docket No. 2000±ASW±18] 2132, 2133, 2134, 2135, 2201, 2232, 2233, § 51.22 Criterion for categorical exclusion; 2236, 2239, 2282); secs. 201, as amended, identification of licensing and regulatory Revision of Class D Airspace, Robert 202, 206, 88 Stat. 1242, as amended, 1244, actions eligible for categorical exclusion or Gray Army Airfield, TX; and 1246 (42 U.S.C. 5841, 5842, 5846). otherwise not requiring environmental Revocation of Class D Airspace, Hood review. Army Airfield, TX Section 50.7 also issued under Pub. L. 95– * * * * * 601, sec. 10, 92 Stat. 2951 (42 U.S.C. 5851). (c) * * * AGENCY: Federal Aviation Section 50.10 also issued under secs. 101, Administration (FAA), DOT. 185, 68 Stat. 955 as amended (42 U.S.C. 2131, (1) Amendments to Parts 1, 2, 4, 7, 8, 2235), sec. 102, Pub. L. 91–190, 83 Stat. 853 9, 10, 11, 19, 21, 25, 55, 75, 95, 110, 140, ACTION: Direct final rule; request for (42 U.S.C. 4332). Sections 50.13, 50.54(dd), 150, 170, or 171 of this chapter, and comments. and 50.103 also issued under sec. 108, 68 actions on petitions for rulemaking Stat. 939, as amended (42 U.S.C. 2138). relating to Parts 1, 2, 4, 7, 9, 10, 11, 14, SUMMARY: This amendment revises the Sections 50.23, 50.35, 50.55, and 50.56 also 19, 21, 25, 55, 75, 95, 110, 140, 150, 170, Class D Airspace at Robert Gray Army issued under sec. 185, 68 Stat. 955 (42 U.S.C. or 171. Airfield (RGAAF), TX and revokes the 2235). Sections 50.33a, 50.55a, and Appendix * * * * * Class D Airspace at Hood Army Airfield Q also issued under sec. 102, Pub. L. 91–190, (HAAF), TX. Two Class D Airspace 83 Stat. 853 (42 U.S.C. 4332). Sections 50.34 PART 70ÐDOMESTIC LICENSING OF areas (RGAAF, TX; and HAAF, TX) and 50.54 also issued under sec. 204, 88 Stat. describe the same airspace. This 1245 (42 U.S.C. 5844). Section 50.37 also SPECIAL NUCLEAR MATERIAL redundancy is unnecessary. The issued under E.O. 12829, 3 CFR 1993 Comp., 16. The authority citation for Part 70 p. 570; E.O. 12958, as amended, 3 CFR, 1995 intended effect of this proposal is to Comp., p. 333; E.O. 12968, 3 CFR 1995 is revised to read as follows: provide adequate controlled airspace for Comp., p. 391. Sections 50.58, 50.91, and Authority: Secs. 51, 53, 161, 182, 183, 68 aircraft operating in the vicinity of 50.92 also issued under Pub. L. 97–415, 96 Stat. 929, 930, 948, 953, 954, as amended, RGAAF, TX, and HAAF, TX.
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DATES: Effective 0901 UTC, November publish a document in the Federal have federalism implications under 30, 2000. Comments must be received Register indicating that no adverse or Executive Order 13132. on or before October 27, 2000. negative comments were received and Further, the FAA has determined that ADDRESSES: Send comments on the rule confirming the date on which the final this regulation is noncontroversial and in triplicate to Manager, Airspace rule will become effective. If the FAA unlikely to result in adverse or negative Branch, Air Traffic Division, Federal does receive, within the comment comments and only involves an Aviation Administration, Southwest period, an adverse or negative comment, established body of technical Region, Docket No. 2000–ASW–18, Fort or written notice of intent to submit regulations that require frequent and Worth, TX 76193–0520. The official such a comment, a document routine amendments to keep them docket may be examined in the Office withdrawing the direct final rule will be operationally current. Therefore, I of the Regional Counsel, Southwest published in the Federal Register, and certify that this regulation (1) is not a Region, Federal Aviation a notice of proposed rulemaking may be ‘‘significant regulatory action’’ under Administration, 2601 Meacham published with a new comment period. Executive Order 12866; (2) is not a ‘‘significant rule’’ under DOT Boulevard, Room 663, Fort Worth, TX, Comments Invited between 9 a.m. and 3 p.m., Monday Regulatory Policies and Procedures (44 through Friday, except Federal holidays. Although this action is in the form of FR 11034; February 26, 1979); and (3) if An informal docket may also be a final rule and was not preceded by a promulgated, will not have a significant examined during normal business hours notice of proposed rulemaking, economic impact, positive or negative, at the Airspace Branch, Air Traffic comments are invited on this rule. on a substantial number of small entities Division, Federal Aviation Interested persons are invited to under the criteria of the Regulatory Administration, Southwest Region, comment on this rule by submitting Flexibility Act. Since this rule involves Room 414, Fort Worth, TX. such written data, views, or arguments routine matters that will only affect air traffic procedures and air navigation, it FOR FURTHER INFORMATION CONTACT: as they may desire. Communications does not warrant preparation of a Donald J. Day, Airspace Branch, Air should identify the Rules Docket Regulatory Flexibility Analysis because Traffic Division, Southwest Region, number and be submitted in triplicate to the anticipated impact is so minimal. Federal Aviation Administration, Fort the address specified under the caption Worth, TX 76193–0520, telephone 817– ADDRESSES. All communications List of Subjects in 14 CFR Part 71 222–5593. received on or before the closing date for comments will be considered, and Airspace, Incorporation by reference, SUPPLEMENTARY INFORMATION: Navigation (air). This amendment to 14 CFR part 71 this rule may be amended or withdrawn revises the Class D Airspace at Robert in light of the comments received. Adoption of the Amendment Gray Army Airfield (RGAAF), TX and Factual information that supports the commenter’s ideas and suggestions is Accordingly, pursuant to the revokes the Class D Airspace at Hood authority delegated to me, the Federal AAF, TX. Two Class D Airspace areas extremely helpful in evaluating the effectiveness of this action and Aviation Administration amends 14 (RGAAF), TX and HAAf, TX) describe CFR part 71 as follows: the same airspace. This redundancy is determining whether additional unnecessary. The intended effect of this rulemaking action is needed. PART 71ÐDESIGNATION OF CLASS A, proposal is to provide adequate Comments are specifically invited on CLASS B, CLASS C, CLASS D, AND controlled airspace for aircraft operating the overall regulatory, economic, CLASS E AIRSPACE AREAS; in the vicinity of RGAAF, TX, and environmental, and energy aspects of AIRWAYS; ROUTES; AND REPORTING HAAF, TX. the rule that might suggest a need to POINTS Class D airspace designations are modify the rule. All comments 1. The authority citation for 14 CFR published in Paragraph 5000 of FAA submitted will be available, both before 71 continues to read as follows: Order 7400.9G, dated September 1, and after the closing date for comments, 1999, and effective September 16, 1999, in the Rules Docket for examination by Authority: 49 U.S.C. 106(g), 40103, 40113, which is incorporated by reference in 14 interested persons. A report that 40120; E.O. 10854; 24 FR 9565, 3 CFR, 1959– CFR 71.1. The Class D airspace summarizes each FAA-public contact 1963 Comp., p. 389. designations listed in this document concerned with the substance of this § 71.1 [Amended] will be published subsequently in the action will be filed in the Rules Docket. 2. The incorporation by reference in order. Commenters wishing the FAA to acknowledge receipt of their comments 14 CFR 71.1 of the Federal Aviation The Direct Final Rule Procedure submitted in response to this rule must Administration Order 7400.9G, The FAA anticipates that this submit a self-addressed, stamped Airspace Designations and Reporting regulation will not result in adverse or postcard on which the following Points, dated September 1, 1999, and negative comment and therefore is statement is made: ‘‘Comments to effective September 16, 1999, is issuing it as a direct final rule. A Docket No. 2000–ASW–18.’’ The amended as follows: substantial number of previous postcard will be date stamped and Paragraph 5000 Class D airspace areas. opportunities provided to the public to returned to the commenter. * * * * * comment on substantially identical Agency Findings actions have resulted in negligible ASW TX D Robert Gray Army Airfield (AAF), TX [Revised] adverse comments or objections. Unless The regulations adopted herein will a written adverse or negative comment, not have substantial direct effects on the Robert Gray Army Airfield (AAF), TX (Lat. 31°03′54″ N., long. 97°49′40″ W.) or a written notice of intent to submit States, on the relationship between the Hood Army Airfield (AAF), TX an adverse or negative comment is national government and the States, or (Lat. 31°08′16″ N., long. 97°42′51″ W.) received within the comment period, on the distribution of power and Killeen Municipal Airport, TX the regulation will become effective on responsibilities among the various (Lat. 31°05′09″ N., long. 97°41′11″ W.) the date specified above. After the close levels of government. Therefore, it is That airspace extending upward from the of the comment period, the FAA will determined that this final rule will not surface to and including 3,500 feet MSL
VerDate 112000 16:04 Sep 11, 2000 Jkt 190000 PO 00000 Frm 00009 Fmt 4700 Sfmt 4700 E:\FR\FM\12SER1.SGM pfrm03 PsN: 12SER1 54952 Federal Register / Vol. 65, No. 177 / Tuesday, September 12, 2000 / Rules and Regulations within a 4.7-mile radius of Robert Gray AAF at the Airspace Branch, Air Traffic comment on this rule by submitting and within a 3.8-mile radius of Hood AAF, Division, Federal Aviation such written data, views, or arguments excluding that airspace southeast of a direct Administration, Southwest Region, as they may desire. Communications line between lat. 31°04′39″ N., long. ° ′ ″ Room 414, Fort Worth TX. should identify the Rules Docket 97 44 16 W., and the northeast intersection number and be submitted in triplicate to of the 4-mile radius of Killeen Municipal FOR FURTHER INFORMATION CONTACT: Airport and the 3.8-mile radius of Hood AAF. Donald J. Day, Airspace Branch, Air the address specified under the caption ‘‘ADDRESSES.‘‘ All communications * * * * * Traffic Division, Southwest Region, Federal Aviation Administration, Fort received on or before the closing date ASW TX D Hood Army Airfield (AAF), TX Worth, TX 76193–0520, telephone 817– for comments will be considered, and [Revoked] 222–5593. this rule may be amended or withdrawn in light of the comments received. * * * * * SUPPLEMENTARY INFORMATION: Factual information that supports the Issued in Forth Worth, TX, on August 29, This amendment to 14 CFR part 71 commenter’s ideas and suggestions is 2000. revises the Class E airspace at Tulsa, extremely helpful in evaluating the Robert N. Stevens, OK. The development of a VOR or GPS effectiveness of this action and Acting Manager, Air Traffic Division, SIAP, at William R. Pogue Municipal determining whether additional Southwest Region. Airport, Sand Springs, OK, has made rulemaking action is needed. [FR Doc. 00–23178 Filed 9–11–00; 8:45 am] this rule necessary. This action is Comments are specifically invited on BILLING CODE 4910±13±M intended to provide adequate controlled the overall regulatory, economic, airspace extending upward from 700 environmental, and energy aspects of feet or more above the surface for IFR the rule that might suggest a need to DEPARTMENT OF TRANSPORTATION operations to William R. Pogue modify the rule. All comments Municipal Airport, Sand Springs, OK. Federal Aviation Administration submitted will be available, both before Class E airspace designations are and after the closing date for comments, published in Paragraph 6005 of FAA 14 CFR Part 71 in the Rules of Docket for examination Order 7400.9G, dated September 1, by interested persons. A report that [Airspace Docket No. 2000±ASW±15] 1999, and effective September 16, 1999, summarizes each FAA-public contact which is incorporated by reference in 14 concerned with the substance of this Revision of Class E Airspace; Tulsa, CFR 71.1. The Class E airspace action will be filed in the Rules Docket. OK designation listed in this document will Commenters wishing the FAA to be published subsequently in the order. AGENCY: Federal Aviation acknowledge receipt of their comments Administration (FAA), DOT. The Direct Final Rule Procedure submitted in response to this rule must submit a self-addressed, stamped ACTION: Direct final rule; request for The FAA anticipates that this postcard on which the following comments. regulation will not result in adverse or statement is made: ‘‘Comments to negative comment and therefore is SUMMARY: This amendment revises the Docket No. 2000–ASW–15.’’ The issuing it as a direct final rule. A Class E airspace at Tulsa, OK. The postcard will be date stamped and substantial number of previous development of a Very High Frequency returned to the commenter. opportunities provided to the public to Omnidirectional Range (VOR) or Global comment on substantially identical Agency Findings Positioning System (GPS) Standard actions have resulted in negligible The regulations adopted herein will Instrument Approach Procedure (SIAP), adverse comments or objections. Unless not have substantial direct effects on the at William R. Pogue Municipal Airport, a written adverse or negative comment, States, on the relationship between the Sand Springs, OK, has made this rule or a written notice of intent to submit national government and the states, or necessary. This action is intended to an adverse or negative comment is on the distribution of power and provide adequate controlled airspace received within the comment period, responsibilities among the various extending upward from 700 feet or more the regulation will become effective on levels of government. Therefore, it is above the surface for Instrument Flight the date specified above. After the close determined that this final rule will not Rules (IFR) operations to William R. of the comment period, the FAA will have federalism implications under Pogue Municipal Airport, Sand Springs, publish a document in the Federal Executive Order 13132. OK. Register indicating that no adverse or Further, the FAA has determined that DATES: Effective 0901 UTC, November negative comments were received and this regulation is noncontroversial and 30, 2000. Comments must be received confirming the date on which the final unlikely to result in adverse or negative on or before October 27, 2000. rule will become effective. If the FAA comments and only involves an ADDRESSES: Send comments on the rule does receive, within the comment established body of technical in triplicate to Manager, Airspace period, an adverse or negative comment, regulations that require frequent and Branch, Air Traffic Division, Federal or written notice of intent to submit routine amendments to keep them Aviation Administration, Southwest such a comment, a document operationally current. Therefore, I Region, Docket No. 2000–ASW–15, Fort withdrawing the direct final rule will be certify that this regulation (1) is not a Worth, TX 76193–0520. The official published in the Federal Register, and ‘‘significant regulatory action’’ under docket may be examined in the Office a notice of proposed rulemaking may be Executive Order 12866; (2) is not a of the Regional Counsel, Southwest published with a new comment period. ‘‘significant rule’’ under DOT Region, Federal Aviation Regulatory Policies and Procedures (44 Administration, 2601 Meacham Comments Invited FR 11034; February 26, 1979); and (3) if Boulevard, Room 663, Fort Worth, TX, Although this action is in the form of promulgated, will not have a significant between 9 a.m. and 3 p.m., Monday a final rule and was not preceded by a economic impact, positive or negative, through Friday, except Federal holidays. notice of proposed rulemaking, on a substantial number of small entities An informal docket may also be comments are invited on this rule. under the criteria of the Regulatory examined during normal business hours Interested persons are invited to Flexibility Act. Since this rule involves
VerDate 112000 08:38 Sep 11, 2000 Jkt 190000 PO 00000 Frm 00010 Fmt 4700 Sfmt 4700 E:\FR\FM\12SER1.SGM pfrm04 PsN: 12SER1 Federal Register / Vol. 65, No. 177 / Tuesday, September 12, 2000 / Rules and Regulations 54953 routine matters that will only affect air Issued in Fort Worth, TX, on August 29, has made this rule necessary. This traffic procedures and air navigation, it 2000. action is intended to provide adequate does not warrant preparation of a Robert N. Stevens controlled airspace extending upward Regulatory Flexibility Analysis because Acting Manager, Air Traffic Division, from 700 feet or more above the surface the anticipated impact is so minimal. Southwest Region for Instrument Flight Rules (IFR) [FR Doc. 00–23176 Filed 9–11–00; 8:45 am] operations in the vicinity of List of Subjects in 14 CFR Part 71 BILLING CODE 4910±13±M Fayetteville, AR. Airspace, Incorporation by reference, Class E airspace designations are Navigation (air). published in Paragraphs 6004 and 6005 DEPARTMENT OF TRANSPORTATION of FAA Order 7400.9G, dated September Adoption of the Amendment 1, 1999, and effective September 16, Federal Aviation Administration 1999, which is incorporated by Accordingly, pursuant to the reference in 14 CFR 71.1. The Class E authority delegated to me, the Federal 14 CFR Part 71 airspace designations listed in this Aviation Administration amends 14 [Airspace Docket No. 2000±ASW±17] document will be published CFR part 71 as follows: subsequently in the order. Revision of Class E Airspace; The Direct Final Rule Procedure PART 71ÐDESIGNATION OF CLASS A, Fayetteville, AR CLASS B, CLASS C, CLASS D, AND The FAA anticipates that this CLASS E AIRSPACE AREAS; AGENCY: Federal Aviation regulation will not result in adverse or AIRWAYS; ROUTES; AND REPORTING Administration (FAA), DOT. negative comment and therefore is POINTS ACTION: Direct final rule; request for issuing it as a direct final rule. A comments. substantial number of previous 1. The authority citation for 14 CFR opportunities provided to the public to part 71 continues to read as follows: SUMMARY: This amendment revises the comment on substantially identical Class E airspace at Fayetteville, AR. The actions have resulted in negligible Authority: 49 U.S.C. 106(g), 40103, 40113, decomissioning of the Microwave 40120; E.O. 10854; 24 FR 9565, 3 CFR, 1959– adverse comments or objections. Unless Landing System (MLS) at Drake Field, 1963 Comp., p. 389. a written adverse or negative comment, Fayetteville, AR has made this rule or a written notice of intent to submit § 71.1 [Amended] necessary. This action is intended to an adverse or negative comment is provide adequate controlled airspace received within the comment period, 2. The incorporation by reference in extending upward from 700 feet or more the regulation will become effective on 14 CFR 71.1 of the Federal Aviation above the surface for Instrument Flight the date specified above. After the close Administration Order 7400.9G, Rules (IFR) operations in the vicinity of of the comment period, the FAA will Airspace Designations and Reporting Fayetteville, AR. publish a document in the Federal Points, dated September 1, 1999, and DATES: Effective 0901 UTC, November Register indicating that no adverse or effective September 16, 1999, is 30, 2000. Comments must be received negative comments were received and amended as follows: on or before October 27, 2000. confirming the date on which the final rule will become effective. If the FAA Paragraph 605 Class E airspace areas ADDRESSES: Send comments on the rule extending upward from 700 feet or more in triplicate to Manager, Airspace does receive, within the comment above the surface of the Earth. Branch, Air Traffic Division, Federal period, an adverse or negative comment, * * * * * Aviation Administration, Southwest or written notice of intent to submit Region, Docket No. 2000–ASW–17, Fort such a comment, a document ASW OK E5 Tulsa, OK [Revised] Worth, TX 76193–0520. The official withdrawing the direct final rule will be Tulsa International Airport, OK docket may be examined in the Office published in the Federal Register, and ° ′ ″ ° ′ ″ (Lat. 36 11 54 N., long. 95 53 18 W. of the Regional Counsel, Southwest a notice of proposed rulemaking may be Tulsa, Richard Lloyd Jones Jr. Airport, OK Region, Federal Aviation published with a new comment period. ° ′ ″ ° ′ ″ (Lat. 36 02 23 N., long. 95 59 05 W.) Administration, 2601 Meacham Comments Invited Sand Springs, William R. Pogue Municipal Boulevard, Room 663, Fort Worth, TX, Airport, OK Although this action is in the form of ° ′ ″ ° ′ ″ between 9 a.m. and 3 p.m., Monday a final rule and was not preceded by a (Lat. 36 10 31 N., long. 96 09 07 W.) through Friday, except Federal holidays. Tulsa VORTAC notice of proposed rulemaking, An informal docket may also be (Lat. 36°11′47″N., long. 95°47′17″W.) comments are invited on this rule. examined during normal business hours Glenpool VOR/DME Interested persons are invited to (Lat. 35°55′15″N., long. 95°58′07″W.) at the Airspace Branch, Air Traffic comment on this rule by submitting Division, Federal Aviation That airspace extending upward from 700 such written data, views, or arguments Administration, Southwest Region, as they may desire. Communications feet above the surface within a 8–mile radius Room 414, Fort Worth, TX. of Tulsa International Airport and within 1.6 should identify the Rules Docket miles each side of the 089° radial of the Tulsa FOR FURTHER INFORMATION CONTACT: number and be submitted in triplicate to VORTAC extending from the 8–mile radius Donald J. Day, Airspace Branch, Air the address specified under the caption to 11.9 miles east of the airport and within Traffic Division, Southwest Region, ADDRESSES. All communications a 6.5–mile radius of Richard Lloyd Jones Jr. Federal Aviation Administration, Fort received on or before the closing date Airport and within a 7.2–mile radius of Worth, TX 76193–0520, telephone 817– for comments will be considered, and William R. Pogue Municipal Airport and 222–5593. this rule may be amended or withdrawn within 4.1 miles each side of the 330° radial SUPPLEMENTARY INFORMATION: in light of the comments received. of the Glenpool VOR/DME extending from This amendment to 14 CFR part 71 Factual information that supports the the 7.2–mile radius to 8.3 miles northwest of revises the Class E airspace at commenter’s ideas and suggestions is the airport. Fayetteville, AR. The decomissioning of extremely helpful in evaluating the * * * * * the MLS at Drake Field, Fayetteville, AR effectiveness of this action and
VerDate 112000 16:04 Sep 11, 2000 Jkt 190000 PO 00000 Frm 00011 Fmt 4700 Sfmt 4700 E:\FR\FM\12SER1.SGM pfrm03 PsN: 12SER1 54954 Federal Register / Vol. 65, No. 177 / Tuesday, September 12, 2000 / Rules and Regulations determining whether additional PART 71ÐDESIGNATION OF CLASS A, ACTION: Temporary final rule. rulemaking action is needed. CLASS B, CLASS C, CLASS D, AND Comments are specifically invited on CLASS E AIRSPACE AREAS; SUMMARY: The Commander, Eleventh the overall regulatory, economic, AIRWAYS; ROUTES; AND REPORTING Coast Guard District is temporarily environmental, and energy aspects of POINTS changing the regulation governing the the rule that might suggest a need to Eight Mile Road Drawbridge over modify the rule. All comments 1. The authority citation for 14 CFR Honker Cut, mile 0.3, San Joaquin submitted will be available, both before part 71 continues to read as follows: County, California. The drawbridge and after the closing date for comments, Authority: 49 U.S.C. 106(g), 40103, 40113, need not open for vessel traffic and may in the Rules Docket for examination by 40120; E.O. 10854; 24 FR 9565, 3 CFR, 1959– remain in the closed-to-navigation interested persons. A report that 1963 Comp., p. 389. position from 1201 a.m. on September 5 summarizes each FAA-public contact until 1159 p.m. on December 21, 2000. § 71.1 [Amended] concerned with the substance of this This temporary rule is issued to allow action will be filed in the Rules Docket. 2. The incorporation by reference in the preventative maintenance, cleaning Commenters wishing the FAA to 14 CFR 71.1 of the Federal Aviation and painting of the bridge. acknowledge receipt of their comments Administration Order 7400.9G, DATES: This temporary rule is effective submitted in response to this rule must Airspace Designations and Reporting from 12:01 a.m. on September 5 until submit a self-addressed, stamped Points, dated September 1, 1999, and 11:59 p.m. on December 21, 2000. postcard on which the following effective September 16, 1999, is ADDRESSES: The public docket and all statement is made: ‘‘Comments to amended as follows: documents referred to in this notice will Docket No. 2000–ASW–17.’’ The Paragraph 6004 Class E airspace Areas be available for inspection and copying postcard will be date stamped and extending upward from the surface at the office of the Commander (oan–2), returned to the commenter. * * * * * Building 50–6, Eleventh Coast Guard Agency Findings District, Coast Guard Island, Alameda, ASW AR E4 Fayetteville, AR [Revised] The regulations adopted herein will CA 94501–5100, between 7 a.m. and 4 Fayetteville, Drake Field, AR p.m., Monday through Friday, except not have substantial direct effects on the ° ′ ″ ° ′ ″ (Lat. 36 00 18 N., long. 94 10 12 W.) Federal holidays. States, on the relationship between the Fayetteville LDA national government and the States, or (Lat. 36°00′26″N., long. 94°10′10″W.) FOR FURTHER INFORMATION CONTACT: on the distribution of power and That airspace extending upward from the David H. Sulouff, Chief, Bridge Section, responsibilities among the various surface within 3 miles each side of the Eleventh Coast Guard District, Building levels of government. Therefore, it is Fayetteville LDA 354° course inbound 50–6 Coast Guard Island, Alameda, CA determined that this final rule will not extending from the 4.1-mile radius of Drake 94501–5100, telephone 510–437–3516. have federalism implications under Field to 12 miles south of the airport. SUPPLEMENTARY INFORMATION: Executive Order 13132. * * * * * Regulatory Information Further, the FAA has determined that Paragraph 6005 Class E airspace areas this regulation is noncontroversial and extending upward from 700 feet or more We did not publish a notice of unlikely to result in adverse or negative above the surface of the earth. proposed rulemaking (NPRM) for this comments and only involves an * * * * * regulation. Under 5 U.S.C. 553(b)(B), the established body of technical Coast Guard finds that good cause exists regulations that require frequent and ASW AR E4 Fayetteville, AR [Revised] for not publishing an NPRM. This rule routine amendments to keep them Point of Origin is being promulgated without an NPRM operationally current. Therefore, I (Lat. 36°12′00″N., long. 94°14′01″W.) due to the short time frame allowed certify that this regulation (1) is not a That airspace extending upward from 700 between the submission of the request ‘‘significant regulatory action’’ under feet above the surface within a 23.9-mile by the County of San Joaquin and the Executive Order 12866; (2) is not a radius of the point of origin. date of the maintenance. Additionally, ‘‘significant rule’’ under DOT * * * * * extensive preliminary coordination with Regulatory Policies and Procedures (44 Issued in Forth Worth, TX, on August 29, the waterway users was done and no FR 11034; February 26, 1979); and (3) if 2000. negative impacts are expected. No promulgated, will not have a significant Robert N. Stevens, negative comments were received and economic impact, positive or negative, Acting Manager, Air Traffic Division, alternative navigational routes are on a substantial number of small entities Southwest Region. available via Little Connection Slough under the criteria of the Regulatory [FR Doc. 00–23177 Filed 9–11–00; 8:45 am] or King Island Cut. The drawspan will be able to open if necessary, in the event Flexibility Act. Since this rule involves BILLING CODE 4910±13±M routine matters that will only affect air of an emergency. Under 5 U.S.C. traffic procedures and air navigation, it 553(d)(3), the Coast Guard finds that does not warrant preparation of a DEPARTMENT OF TRANSPORTATION good cause exists for making this rule Regulatory Flexibility Analysis because effective less than 30 days after the anticipated impact is so minimal. Coast Guard publication in the Federal Register. This rule should be made effective in List of Subjects in 14 CFR Part 71 33 CFR Part 117 less than 30 days due to the short time Airspace, Incorporation by reference, frame allowed between the submission Navigation (air). [CGD11±00±006] of the request by the County of San Joaquin and the date of the Adoption of the Amendment RIN 2115±AE47 maintenance. Accordingly, pursuant to the Drawbridge Operating Regulations; Background and Purpose authority delegated to me, the Federal Honker Cut, San Joaquin County, CA Aviation Administration amends 14 On June 5, 2000, the County of San CFR part 71 as follows: AGENCY: Coast Guard, DOT. Joaquin requested a temporary change to
VerDate 112000 16:38 Sep 11, 2000 Jkt 190000 PO 00000 Frm 00012 Fmt 4700 Sfmt 4700 E:\FR\FM\12SER1.SGM pfrm04 PsN: 12SER1 Federal Register / Vol. 65, No. 177 / Tuesday, September 12, 2000 / Rules and Regulations 54955 the operation of the Eight Mile Road significant economic impact on a safety that may disproportionately affect Drawbridge over Honker Cut, mile 0.3, substantial number of small entities. children. San Joaquin County, California to allow Assistance for Small Entities Environmental for maintenance, cleaning and painting. The drawspan provides 4 feet vertical Under section 213(a) of the Small The Coast Guard considered the clearance above flood stage when in the Business Regulatory Enforcement environmental impact of this temporary closed-to-navigation position. Fairness Act of 1996 (Pub. L. 104–121), rule and concluded that under Chapter Navigation on the waterway consists of we offer to assist small entities in 2.B.2 and Figure 2–1, 32(e) of both commercial and recreational understanding the rule so they can Commandant Instruction M16475.1C, watercraft. Presently, the draw is better evaluate its effects on them and this temporary rule is categorically required to open on signal if at least participate in the rulemaking process. excluded from further environmental twelve hours advance notice is Any individual who qualifies or, documentation. A ‘‘Categorical provided. The County requested the believes they qualify as a small entity, Exclusion Determination’’ is available in drawbridge be permitted to remain requiring assistance with the provisions the docket for inspection or copying closed to navigation from September 5 of this rule, may contact David H. where indicated under ADDRESSES. until December 21, 2000. During this Sulouff, Chief, Bridge Section, Eleventh List of Subjects in 33 CFR Part 117 time the bridge will be enclosed with Coast Guard District, Building 50–6, scaffolding and containment tarps while Coast Guard Island, Alameda, CA Bridges. cleaning and painting operations are 94501–5100, telephone 510–437–3516. For the reasons set out in the performed. This temporary drawbridge Collection of Information preamble, the Coast Guard amends Part operation amendment has been 117 of Title 33, Code of Federal coordinated with the waterway users. This rule calls for no new collection Regulations, as follows: No objections to the proposed rule were of information under the Paperwork raised. Reduction Act (44 U.S.C. 3501–3520). PART 117ÐDRAWBRIDGE OPERATION REGULATIONS Regulatory Evaluation Federalism This temporary rule is not a We have analyzed this rule under the 1. The authority citation for Part 117 ‘‘significant regulatory action’’ under principles and criteria contained in continues to read as follows: section 3(f) of Executive Order 12866 Executive Order 13132, and have Authority: 33 U.S.C. Sec. 499; 49 CFR 1.46; and does not require an assessment of determined this rule does not have 33 CFR 1.05–1(g); section 117.225 also issued potential costs and benefits under implications for federalism under that under the authority of Pub. L. 102–587, 106 section 6(a)(3) of that Order. It has not Order. Stat. 5039. been reviewed by the Office of 2. From 12:01 a.m. on September 5 Unfunded Mandates Reform Act Management and Budget under that until 11:59 p.m. on December 21, 2000, Order. It is not significant under the The Unfunded Mandates Reform Act § 117.161 is suspended and a new regulatory policies and procedures of of 1995 (2 U.S.C. 1531–1538) governs § 117.T162 is temporarily added to read the Department of Transportation (DOT) the issuance of Federal regulations as follows: (44 FR 11040, February 26, 1979). We requiring unfunded mandates. An expect the economic impact of this unfunded mandate is a regulation § 117.T162 Honker Cut. temporary rule to be so minimal that a requiring a State, local, or tribal The draw of the Eight Mile Road full Regulatory Evaluation under government or the private sector to Drawbridge over Honker Cut, mile 0.3, paragraph 10(e) of the regulatory incur direct costs without the Federal San Joaquin County, between Empire policies and procedures of DOT is Government having first provided the Tract and King Island at Stockton, unnecessary. This is because the average funds to pay those unfunded mandate California need not open for navigation number of requests for opening the costs. This rule will not impose an from 12:01 a.m. on September 5 until drawspan are seven per year and unfunded mandate. 11:59 p.m. on December 21, 2000. alternate navigational routes are Taking of Private Property Dated: September 5, 2000. available. E.R. Riutta, This rule will not effect a taking of Small Entities Vice Admiral, U.S. Coast, Guard Commander, private property or otherwise have Eleventh Coast Guard District. Under the Regulatory Flexibility Act taking implications under E.O. 12630, [FR Doc. 00–23331 Filed 9–11–00; 8:45 am] (5 U.S.C. 601–612), the Coast Guard Governmental Actions and Interference must consider whether this temporary with Constitutionally Protected Property BILLING CODE 4910±15±U rule will have a significant economic Rights. impact on a substantial number of small entities. The term ‘‘small entities’’ Civil Justice Reform ENVIRONMENTAL PROTECTION comprises small businesses and not-for- This rule meets applicable standards AGENCY profit organizations that are in sections 3(a) and 3(b)(2) of E.O. independently owned and operated and 12988, Civil Justice Reform, to minimize 40 CFR Part 261 are not dominant in their fields and litigation, eliminate ambiguity, and [FRL±6867±7] government jurisdictions with reduce burden. RIN 2090±AA11 populations of less than 50,000. Protection of Children Due to the small number of requests Project XL Site-Specific Rulemaking to open the bridge per year and the We have analyzed this rule under E.O. for the IBM Semiconductor availability of alternative routes, the 13045, Protection of Children from Manufacturing Facility in Essex Coast Guard expects the impact of this Environmental Health Risks and Safety Junction, VT action to be minimal. Therefore, the Risks. This rule is not an economically Coast Guard certifies under 5 U.S.C. significant rule and does not concern an AGENCY: Environmental Protection 605(b), that this action will not have a environmental risk to health or risk to Agency (EPA).
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ACTION: Final rule. A duplicate copy of the docket is D. Does this Project Trigger the available for inspection and copying at Requirements of the Unfunded Mandates SUMMARY: This rule will allow the U.S. EPA New England, One Congress Reform Act? implementation of a pilot project under Street, Suite 1100 (LIB), Boston MA, E. RCRA & Hazardous and Solid Waste the Project XL program that will provide Amendments 02114–2023 during normal business 1. Applicability of Rules in Authorized site-specific regulatory flexibility under hours. Persons wishing to view the the Resource Conservation and States duplicate docket at the Boston location 2. Effect on Vermont Authorization Recovery Act (RCRA), as amended, for are encouraged to contact Mr. John F. How Does this Rule Comply with the International Business Machines Moskal or Mr. George Frantz in advance, Executive Order 13045: Protection of Corporation (IBM) semiconductor by telephoning (617) 918–1826 or (617) Children from Environmental Health manufacturing facility in Essex 918–1883, respectively. Information is Risks and Safety Risks? Junction, Vermont. The principal also available on the world wide web at G. Does this Rule Comply with Executive objective of this IBM Vermont XL http://www.epa.gov.ProjectXL. Order 12875: Enhancing project is to determine whether the Intergovernmental Partnerships? FOR FURTHER INFORMATION CONTACT: Mr. H. How Does this Rule Comply with wastewater treatment sludge resulting John Moskal or Mr. George Frantz, U.S. from an innovative copper metallization Executive Order 13084: Consultation and Environmental Protection Agency, New Coordination with Indian Tribal process (i.e., an electroplating England (SPP), Assistance and Pollution Governments? operation) should be designated a RCRA Prevention Division, One Congress I. Does this Rule Comply with the National hazardous waste (F006), and thus be Street, Suite 1100, Boston, MA, 02114– Technology Transfer and Advancement subject to RCRA regulatory controls. If, 2023. Mr. Moskal can be reached at Act? as a result of this XL project, the Agency (617) 918–1826 (or I. Authority determines that the wastewater [email protected]) and Mr. Frantz treatment sludge (which does not can be reached at (617) 918–1883 (or EPA is publishing this regulation otherwise exhibit a hazardous [email protected]). Further under the authority of sections 2002, characteristic) need not be subject to information on today’s action may also 3001, 3002, 3003, 3006, 3010, and 7004 RCRA hazardous waste regulations to be be obtained on the world wide web at of the Solid Waste Disposal Act of 1970, protective of human health and the http://www.epa.gov/projectxl. as amended by the Resource environment and removes such sludges SUPPLEMENTARY INFORMATION: Conservation and Recovery Act, as from the hazardous waste program, this amended (42 U.S.C. 6912, 6921, 6922, would not only enhance the cost- Outline of Today’s Rule 6923, 6926, 6930, 6937, 6938, and effectiveness of the innovative process The information presented in this 6974). by removing the costs of such regulatory preamble is organized as follows: II. Overview of Project XL controls, but could also encourage the I. Authority development and installation of this II. Overview of Project XL The Final Project Agreement (FPA) innovative process (or similar ones) by III. Overview of the IBM Vermont XL Pilot sets forth the intentions of EPA, VTDEC, other semiconductor manufacturers. To Project and the IBM Essex Junction, VT facility achieve this, this rule provides an A. To Which Facilities Will the Rule with regard to a project developed exemption for the copper metallization Apply? under Project XL, an EPA initiative to process from the narrative listing B. What Problems will the IBM Vermont allow regulated entities to achieve better description of electroplating operations XL Project Attempt to Address? environmental results with limited that result in an F006 wastewater 1. Background on Hazardous Waste Identification regulatory flexibility. The regulation, treatment sludge. 2. Background on the F006 Hazardous along with the FPA, will facilitate DATES: This final rule is effective Waste Listing implementation of the project. Project September 12, 2000. 3. Site-Specific Considerations at the IBM XL—‘‘eXcellence and Leadership’’— ADDRESSES: A docket containing the Vermont Facility was announced on March 16, 1995, as C. What Solutions Are Being Tested by the rule, Final Project Agreement, IBM Vermont XL Project? a central part of the National supporting materials, and public D. What Regulatory Changes Are Being Performance Review and the Agency’s comments is available for public Promulgated to Implement this Project? effort to reinvent environmental inspection and copying at the RCRA 1. Federal Regulatory Changes protection. See 60 FR 27282 (May 23, Information Center (RIC), located at 2. State Regulatory Changes 1995). Project XL provides a limited Crystal Gateway, 1235 Jefferson Davis E. Why is EPA Supporting this Approach number of private and public regulated Highway, First Floor, Arlington, to Removing a Waste From a Hazardous entities an opportunity to develop their Virginia. The RIC is open from 9 am to Waste Listing? own pilot projects to request regulatory 4 pm Monday through Friday, excluding F. How Have Various Stakeholders Been flexibility that will result in Involved in this Project? Federal holidays. The public is G. How Will this Project Result in Cost environmental protection that is encouraged to phone in advance to Savings and Paperwork Reduction? superior to what would be achieved review docket materials. Appointments H. What Are the Terms of the IBM Vermont through compliance with current and can be scheduled by phoning the Docket XL Project and How Will They Be reasonably-anticipated future Office at (703) 603–9230. Refer to RCRA Enforced? regulations. These efforts are crucial to docket number F–2000–IBMP–FFFFF. I. How Long Will this Project Last and EPA’s ability to test new strategies that The public may copy a maximum of 100 When Will It Be Complete? reduce regulatory burden and promote pages from any regulatory docket at no IV. Additional Information economic growth while achieving better charge. Additional copies cost 15 cents A. How Does this Rule Comply With environmental and public health Executive Order 12866? per page. B. Is a Regulatory Flexibility Analysis protection. EPA intends to evaluate the Project materials are also available for Required? results of this and other Project XL review for today’s action on the world C. Is an Information Collection Request projects to determine which specific wide web at http://www.epa.gov/ Required for this Project Under the elements of the project(s), if any, should projectxl/. Paperwork Reduction Act? be more broadly applied to other
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It to develop common sense, cost-effective is reflected in a variety of statutory addresses the eight Project XL criteria, strategies that will replace or modify provisions, such as section 8001 of and the expectation of the Agency that specific regulatory requirements, on the RCRA. the XL project will meet those criteria. condition that they produce and XL Criteria The FPA identifies performance goals demonstrate superior environmental and indicators that the project is To participate in Project XL, performance. yielding the expected environmental The XL program is intended to applicants must develop alternative benefits, and specifically addresses the encourage EPA to experiment with environmental performance objectives manner in which the project is expected potentially promising regulatory pursuant to eight criteria: Superior to produce superior environmental approaches, both to assess whether they environmental performance; cost benefits. The FPA also discusses the provide benefits at the specific facility savings and paperwork reduction; local administration of the FPA, including affected, and whether they should be stakeholder involvement and support; dispute resolution and termination. The considered for wider application. Such test of an innovative strategy; FPA for this XL project is available for pilot projects allow EPA to proceed transferability; feasibility; identification review in the docket for today’s action, more quickly than would be possible of monitoring, reporting and evaluation and also is available on the world wide when undertaking changes on a methods; and avoidance of shifting risk web at http://www.epa.gov/projectxl/. nationwide basis. As part of this burden. The XL projects must have the experimentation, EPA may try out full support of the affected Federal, III. Overview of the IBM Vermont XL approaches or legal interpretations that State, local and tribal agencies to be Project depart from, or are even inconsistent selected. Today’s rule will facilitate with, longstanding Agency practice, so For more information about the XL implementation of the FPA (the long as those interpretations are within criteria, readers should refer to the two document that embodies EPA’s intent to the broad range of discretion enjoyed by descriptive documents published in the implement this project) that has been the Agency in interpreting the statutes Federal Register (60 FR 27282, May 23, developed by EPA, the Vermont that it implements. EPA may also 1995 and 62 FR 19872, April 23, 1997), Department of Environmental modify rules, on a site-specific basis, and the December 1, 1995 ‘‘Principles Conservation (VTDEC), the IBM Essex that represent one of several possible for Development of Project XL Final Junction, VT facility, and other policy approaches within a more Project Agreements’’ document. For stakeholders. Today’s rule, will not be general statutory directive, so long as further discussion as to how the IBM effective in Vermont until the State has the alternative being used is permissible Vermont XL project addresses the XL made conforming changes to its under the statute. criteria, readers should refer to the Final hazardous waste program. Adoption of such alternative Project Agreement available from the approaches or interpretations in the EPA RCRA docket, the U.S. EPA New A. To Which Facilities Will the Rule context of a given XL project does not, England library, or the Project XL web Apply? however, signal EPA’s willingness to page (see ADDRESSES section of today’s This rule will apply only to the IBM adopt that interpretation as a general preamble). Essex Junction, VT facility. Further, the matter, or even in the context of other XL Program Phases regulatory modification only affects the XL projects. It would be inconsistent copper metallization plating process with the forward-looking nature of these The Project XL program is (and the wastes generated by that pilot projects to adopt such innovative compartmentalized into four basic process) that is the focus of this XL approaches prematurely on a developmental phases: The initial pre- project; wastes resulting from any other widespread basis without first proposal phase where the project operations at the facility are not affected determining whether they are viable in sponsor comes up with an innovative by this rule. practice and successful in the particular concept that they would like EPA to projects that embody them. consider as an XL pilot project; the B. What Problems Will the IBM Vermont Furthermore, as EPA indicated in second phase where the project sponsor XL Project Attempt To Address? announcing the XL program, EPA works with EPA and interested IBM does not believe the innovative expects to adopt only a limited number stakeholders in developing an XL copper metallization process it uses of carefully selected projects. These proposal; the third phase where EPA, should be included among those pilot projects are not intended to be a local regulatory agencies, and other electroplating operations that result in a means for piecemeal revision of entire interested stakeholders review the XL wastewater treatment sludge that is programs. Depending on the results in proposal; and the fourth phase where specifically listed as a hazardous waste these projects, EPA may or may not be the project sponsor works with EPA, (F006), and that the regulatory controls willing to consider adopting the local regulatory agencies, and interested (with associated increases in costs) alternative interpretation again, either stakeholders in developing a Final provide no benefit to the environment. generally or for other specific facilities. Project Agreement and legal EPA believes that adopting alternative mechanism. After promulgation of the 1. Background on Hazardous Waste policy approaches and interpretations, final rule (or other legal mechanism) for Identification on a limited, site-specific basis and in the XL pilot, and after the Final Project Under the current RCRA regulatory connection with a carefully selected Agreement has been signed by all framework, the generator of a waste is pilot project, is consistent with the designated parties, the XL pilot project responsible for determining whether the expectations of Congress about EPA’s proceeds onto implementation and waste is hazardous (see 40 CFR 262.11). role in implementing the environmental evaluation. There are two ways that a waste is
VerDate 112000 08:38 Sep 11, 2000 Jkt 190000 PO 00000 Frm 00015 Fmt 4700 Sfmt 4700 E:\FR\FM\12SER1.SGM pfrm04 PsN: 12SER1 54958 Federal Register / Vol. 65, No. 177 / Tuesday, September 12, 2000 / Rules and Regulations determined to be hazardous; either the by the listing, they all generally involve operation was a major consideration in waste exhibits a characteristic of a hazardous constituents of concern at whether the wastewater treatment hazardous waste as defined in 40 CFR concentration levels requiring sludge would be designated a hazardous 261.21, 261.22, 261.23, and 261.24, or regulatory oversight to ensure that the waste. Other factors that may impact the the Agency has identified and management and disposal of such concentration levels of hazardous specifically listed it as a hazardous sludges will not result in damages to the constituents in the wastewater treatment waste in 40 CFR 261.31, 261.32, and environment or otherwise present a risk sludge are the type and shape of the 261.33. The wastewater treatment to human health and the environment. article being plated, how much of the sludge that is the focus of this XL The metal constituents found to be plating solution is carried over into the project typically does not exhibit a commonly used in electroplating rinsewater, and the actual plating characteristic of hazardous waste; operations include cadmium, lead, process being used. however, it does meet the narrative chromium (in hexavalent form), copper, 3. Site-Specific Considerations at the listing description for F006, generally nickel, zinc, gold and silver. Cyanides, IBM Vermont Facility described as wastewater treatment strong acids and strong bases are also sludge from electroplating operations. In used extensively in the general types of Since the IBM facility has many promulgating the hazardous waste plating operations intended to be complicated manufacturing processes, a listings, EPA presented the basis for the included in the listing description. As review of the basic steps in listings in 40 CFR part 261, appendix stated earlier, the specific constituents semiconductor manufacturing relevant VII (e.g., the basis for the F006 listing is of concern cited as the basis for listing to the metallization process which is the the presence of cadmium, hexavalent such wastewater treatment sludges as subject of this XL project may be useful. chromium, nickel, and cyanide hazardous wastes were cadmium, In general, the surface of a silicon wafer (complexed) in high enough hexavalent chromium, nickel, and is cleaned and passivated (i.e., coated to concentrations to present a risk to cyanide (complexed) (see 40 CFR part provide an insulating layer) with a very human health and the environment if 261, appendix VII). thin silicon oxide layer. An organic the waste is mismanaged). However, the While the actual composition of the photoresist is applied to the wafer and hazardous waste listings are electroplating-generated wastewater a circuit pattern is exposed onto the implemented based on their narrative treatment sludges may vary due to the resist by shining light onto the wafer descriptions, not by a waste-specific specific sequence of processing through a mask. The exposed assessment of the hazardous operations (commonly, more than one photoresist is washed away, while the constituents the wastes contain (such an processing step is involved in a plating remainder is hardened to protect the assessment is how the ‘‘toxicity operation), in general, the sludges insulating layer. After this is completed, characteristic’’ is implemented pursuant would be expected to contain significant the wafer is treated with inorganic to 40 CFR 261.24). To address those concentrations of toxic metals, and liquids and gases to create the doped wastes that meet the narrative possibly complexed cyanides in high circuits which provide the description of a listed hazardous waste concentrations if the cyanides are not semiconductor function. The hardened but which the generator believes are properly isolated in the wastewater resist is then removed with organic nonhazardous, RCRA regulations treatment process. Thus, the approach solvents. At certain points in the provide a mechanism for the generator to this hazardous waste listing was one process, metallization techniques are to petition the Agency for a where the constituents typically used in used to electronically connect the determination that the wastes generated the ‘‘up-stream’’ production process stacked layers of the semiconductor at their facility should not be regulated were, in part, the basis of the hazardous device. (The copper metallization as hazardous (i.e., a ‘‘delisting’’ waste listing applicable to the residuals process which is the basis for this XL pursuant to 40 CFR 260.22). from wastewater treatment (typically project serves this purpose.) Wafer alkaline precipitation of the heavy cleaning and rinsing steps, using 2. Background on the F006 Hazardous metals). mixtures of inorganic acids, oxidizers, Waste Listing The Agency noted in the May 19, and deionized water, occur after many On May 19, 1980, EPA promulgated 1980 rulemaking that several plating of the process steps. This process cycle the F006 hazardous waste listing, operations were found to not contain is repeated until a fully functional thereby designating wastewater significant concentrations of toxic memory or logic device has been treatment sludges from electroplating metals or cyanides, such that the produced. After the circuits are built on operations to be a RCRA hazardous sludges resulting from the treatment of the wafer, minute amounts of metal are waste (see 45 FR 33084). This the wastewaters resulting from such deposited onto the wafer to produce the wastestream is typically generated operations would not be expected to connections which marry the through the chemical treatment (e.g., pose a risk to human health and the semiconductor to a module or circuit lime precipitation) of wastewaters environment. These operations were board for use in a computer. Finally, the generated by plating operations to accordingly identified and specifically wafer is sliced into individual chips for precipitate out certain toxic metals. excluded from the F006 listing testing and placement onto substrates or These wastewaters are typically made description: (1) sulfuric acid anodizing modules for use in computer systems. up of spent plating/coating solutions of aluminum, (2) tin plating on carbon The new copper metallization process and rinsewaters (from the rinsing of steel, (3) zinc plating (segregated basis) IBM has introduced, which is the parts after being plated). As discussed in on carbon steel, (4) aluminum or zinc- subject of this XL project, serves to more detail in the background aluminum plating on carbon steel, (5) provide the interconnection of the document supporting the listing of cleaning/stripping associated with tin, device circuits, electronically electroplating wastewater treatment zinc and aluminum plating on carbon connecting the stacked layers of the sludge (F006), Electroplating and Metal steel, and (6) chemical etching and semiconductor device. In designing the Finishing Operations (pages 105–143) milling of aluminum. (see 40 CFR process, IBM worked with the (available in the docket for this project), 261.31). manufacturers of the plating solutions the Agency noted that while there are Accordingly, the chemical make-up of and the manufacturer of the plating tool many various plating processes covered the materials used in the plating (which holds the wafer) to minimize
VerDate 112000 08:38 Sep 11, 2000 Jkt 190000 PO 00000 Frm 00016 Fmt 4700 Sfmt 4700 E:\FR\FM\12SER1.SGM pfrm04 PsN: 12SER1 Federal Register / Vol. 65, No. 177 / Tuesday, September 12, 2000 / Rules and Regulations 54959 waste and increase efficiency. The solution that is or will be sent through The aluminum chemical vapor metallization process uses this the facility’s wastewater treatment deposition process which the copper specialized tool to bring only one side system is the relatively small amount metallization process replaces was dry of the wafer into contact with the that is carried over to the rinsewaters. and generated no wastewater or sludge copper plating solution and applies an According to tests conducted by IBM, that was subject to RCRA. From the time electrical current to plate the copper the plating solution currently being the copper metallization process was onto the wafer surface. Once the used by the facility does not contain any first introduced in 1996 until April of metallization process is complete, the of the hazardous metal constituents and 1998, the copper metallization wafer is rinsed with sulfuric acid over cyanides which were the focus of the rinsewaters were collected and the plating bath to keep as much plating original hazardous waste listing for drummed for off-site disposal, keeping solution as possible in the bath (thus wastewater treatment sludges from these wastewaters separate from the on- minimizing the amount of plating electroplating operations (and thus, site wastewater treatment system. solution that is carried over into the these constituents would not be However, beginning in May 1998, the rinsewaters). After the sulfuric acid expected to be in the wastewater volume of rinsewater generated rinse, the wafer is then rinsed with treatment sludge unless they are (approximately 250 gallons/day) became deionized water, and deionized water introduced from some other production large enough to make it necessary to and sulfuric acid, in a pre-defined process). introduce the plating rinsewaters into sequence, with the resulting rinsewaters IBM reported other significant the wastewater treatment system by being sent through the facility’s environmental benefits of converting to commingling them with other wastewater treatment system. the copper metallization process that wastewater streams generated on-site. For each wafer produced, should be considered. The copper Even though the contribution of approximately 3.5 grams of plating metallization process replaced an wastewaters from the copper solution (containing approximately aluminum chemical vapor deposition metallization process to the total 0.065 grams of copper) is carried over to process that required the vaporization of volume of wastewater being treated to the rinsewaters. The volume of water aluminum for deposit on the wafer. The generate the sludge is minimal (the used in the rinsing ranges from 0.5 to use of the vapor deposition process volume of rinsewaters from the plating 0.7 gallons per wafer. Present entailed cleaning steps that used operation expected to be generated projections show that copper mass and perfluorinated compounds (PFCs), when the plating process is at full rinsewater volume will increase from which are global warming gases. By production is 1600 gallons/day, approximately 110 grams/day and replacing a majority of the aluminum compared with an estimated 5,000,000 1000–2000 gallons/day, respectively in connections with copper, a significant gallons/day volume of other on-site the second quarter of 1999 to 180 grams/ reduction in global warming gases will wastewaters), the sludge generated by day and 2000–3000 gallons/day when be realized simply by minimizing the the treatment of the commingled the process is fully deployed in 2002.1 number of cleaning steps that use PFCs. wastewaters is regulated as F006 Also, the plating unit includes a 40- because it meets the narrative listing gallon reservoir for the plating solution It should also be noted that while such description (i.e., wastewater treatment that constantly filters and regenerates vapor deposition processes (and sludges from an electroplating the solution. The goal in designing and subsequent cleaning steps) are still operating this reservoir is to achieve an required in other aspects of the operation). infinite bath life for the solution. semiconductor manufacturing process, Consequently, IBM’s reported annual However, it is currently necessary to IBM has developed an alternative hazardous waste generation increased replace a portion of the used plating cleaning method that uses dilute from 2.14 million pounds to 5.78 solution in the reservoir with new nitrogen trifluoride (NF3) instead of million pounds (1999 totals) and their solution. Currently, IBM drums the PFCs, wherever appropriate. NF3 has waste management costs increased by spent plating solution from the reservoir significantly less impact on global $3,500 per year. Regarding IBM’s waste 2 and sends the material for appropriate warming than PFCs. The Agency management costs, the State of Vermont off-site management. IBM does not recognizes this significant has deferred the hazardous waste tax currently, nor plan to in the future, send environmental benefit although it is not that would normally apply to the the spent plating solution from the closely associated with the regulatory generation of an F006 waste 3 reservoir through the wastewater flexibility being sought by IBM. (approximately $225,000/year). treatment system. Thus, the only plating IBM also reported that the new copper While the increased waste metallization process is much more management costs (as well as the 1 Prior to the copper electroplating operation, a energy efficient (30 to 40% less energy) associated recordkeeping and thin layer of copper is applied to each wafer by than the aluminum chemical vapor paperwork burdens) are relatively vapor deposition. This very thin layer serves as a deposition process it replaces. insignificant to the facility, they ‘‘seed’’ site for the deposition of the electroplated copper. A scheduled change (not related to this XL Similarly, the semiconductor chip project) in the process for depositing the seed layer produced by the copper metallization 3 VTDEC accepted IBM’s position that the F006 will result in additional copper being inadvertently process is approximately 25% more listing was inappropriately bringing the copper deposited to the outermost edge of the wafer as a energy-efficient than the chip it metallization waste stream into the hazardous waste result of a change in the way the wafer is held in system since the process did not contain the the tool. replaces. IBM expects this type of constituents for which F006 was listed. VTDEC has Due to this change in the seed layer process, it metallization process (or processes very the discretion to waive the hazardous waste tax ‘‘for will be necessary for future copper plating tools to similar) to become more common in the cause shown.’’ 32 VSA 10102(2). VTDEC took the remove the copper from the outer three millimeters semiconductor manufacturing industry. position that the constituents for which F006 was of the wafer edge following the plating step to listed took primacy over the narrative listing prepare the wafer for future processing. the copper description that was intended to further describe on the edge is removed using an acid spray, in a 2 There are a few cleaning processes at the facility wastes within the boundaries of the basis for listing, process step termed ‘‘edge bead removal.’’ This will where dilute NF3 is an ineffective substitute for the i.e. the constituents of concern. The constituents add 0.77 grams/day of copper to the wastewater PFC. However, for those operations, IBM has described the potential for harm to human health stream, representing 5–10% of the load generated substituted a much more dilute PFC than was and the environment while the narrative listing by the plating wastewaters and 0.5–1% of the load originally used, still achieving reductions in the description described the processes, known at the generated by the total copper process. global warming gas emissions. time, that were likely to contain the constituents.
VerDate 112000 08:38 Sep 11, 2000 Jkt 190000 PO 00000 Frm 00017 Fmt 4700 Sfmt 4700 E:\FR\FM\12SER1.SGM pfrm04 PsN: 12SER1 54960 Federal Register / Vol. 65, No. 177 / Tuesday, September 12, 2000 / Rules and Regulations nevertheless represent increased costs Agency considered a modification to the most circumstances (it is, generally, a for no net environmental benefit. F006 listing description in the table in better approach for determining the 40 CFR 261.31(a), adding the copper C. What Solutions Are Being Tested by hazardous nature of the actual waste metallization process at the IBM the IBM Vermont XL Project? material and whether the waste should Vermont facility to the list of plating be removed from the hazardous waste IBM’s position is that they have operations that are not intended to be management program). In this instance, adopted a more energy-and resource- subject to the listing. However, because however, because the Agency wants to efficient metallization process that the exemption will have a number of test whether IBM’s copper metallization employs a plating solution that is conditions that the IBM facility must process should be included within the significantly different from the plating follow to ensure that this XL project is scope of the F006 listing, the Agency solutions used when the Agency protective of human health and the believed an evaluation of the promulgated the F006 listing, and environment throughout the term of the ‘‘production side’’ of the sequence of therefore should not be subject to the project and to provide the information operations that resulted in the F006 listing. This process has been and data the Agency will use to wastewater treatment sludge is more specifically designed to minimize the consider whether the regulatory use of the plating solution while useful. Specifically, because the exemption should be incorporated into wastewater treatment sludge is maximizing the use of the copper metal the national program, the Agency considered hazardous due to an in the solution, and minimizing the prefered placing the exemption ‘‘upstream’’ production unit meeting the amount of solution that is carried over language in 40 CFR 261.4(b). Regardless narrative description of an into the rinsewater. Because this of where EPA chose to place the metallization process does not exemption language in the regulations electroplating operation, the Agency contribute hazardous constituents to the (§ 261.31(a) or § 261.4(b)), the legal believed it was more appropriate to wastewater treatment sludge, IBM effect of the exemption is the same. EPA evaluate the upstream production unit sought to have its copper metallization expects that should the exemption of to determine whether the hazardous process exempted from the F006 the copper metallization process from waste listing on the ‘‘downstream’’ hazardous waste listing. Therefore, the F006 listing be incorporated into the wastewater treatment sludge is rather than pursue a delisting of the national program, EPA would then warranted. Therefore, the Agency wastewater treatment sludge under 40 modify the listing description in 40 CFR focused on the key parameters on the CFR 260.22, IBM has opted to work with 261.31(a). production side (in this case, the the Agency, VTDEC, and interested innovative design and operation of the stakeholders to develop and implement E. Why Is EPA Supporting This copper metallization process) to make a a pilot project under Project XL that will Approach to Removing a Waste From a determination of the regulatory status of evaluate whether the copper Hazardous Waste Listing? the materials generated on the waste metallization process should be The Agency agrees with IBM that this management side (in this case, the included in the plating operations that XL project has merit and has the wastewater treatment sludge). This XL result in F006 listed hazardous wastes. potential to yield significant project therefore represents an The Agency agrees with IBM that this environmental benefits should this opportunity for EPA to explore a XL project has a somewhat different exemption be adopted on a national different approach to determining aspect to it (i.e., the focus on the basis. Project XL offers the opportunity whether a waste (in this case, one innovative production process that for the Agency to test its belief that this resulting from an innovative process) generates the wastewaters that, in turn, innovative process should be should continue to be subject to a are treated to generate the listed sludge), encouraged as one that is hazardous waste listing. In other words, such that the delisting approach is not environmentally superior to existing this approach may be considered the most suitable. A delisting approach technologies and to consider the another ‘‘tool’’ for the Agency to use in would look strictly at the waste being appropriate regulatory status of the ‘‘fine tuning’’ the hazardous waste delisted (as well as how it is managed), wastes from this technology before it is listings so that the narrative description which in this situation is the result of adopted by similar manufacturing of a listed waste appropriately treating large volumes of wastewaters facilities. delineates between those wastes that from a variety of production processes Further, this XL project offered EPA pose a risk to human health and the (including wastewaters contributed by the opportunity to test a different the innovative copper metallization approach to re-evaluating whether a environment from those wastes (which process) and would not adequately specific wastestream is appropriately arguably are generated by very similar reflect the specific environmental subject to regulatory controls as a listed processes) that do not pose such a risk. impacts associated with the innovative waste. The existing mechanism for If, in fact, the absence of hazardous production process. It is the innovative removing a waste from a listing on a constituents of concern in the plating production process that causes the site-specific basis is through a solution is determinative of whether the wastewater treatment sludge to be ‘‘delisting’’ petition under 40 CFR wastewater treatment sludge is designated a hazardous waste. 260.22. However, the delisting approach hazardous (or whether any ‘‘hazard’’ in is not the most suitable for the situation the sludge stems from the plating D. What Regulatory Changes Are Being at the IBM Vermont facility because the operation), this may become the key Promulgated to Implement this Project? scope of the listing itself is at issue. If determining factor in similar requests To implement this XL project, the IBM submitted a delisting petition, EPA for regulatory exemptions. Agency is promulgating in today’s would evaluate the hazardous nature of Alternatively, if the Agency determines notice a site-specific exemption in 40 the entire wastewater treatment sludge that the amount of plating solution that CFR 261.4(b) (i.e., ‘‘Solid wastes which (which is the wastestream that actually is carried over into the rinsewater (with are not hazardous wastes’’) for the carries the F006 listing) rather than only focus on the shape of the parts being copper metallization process at the IBM that portion which is contributed by the plated as well as the actual plating Vermont facility from the F006 copper metallization process. EPA process) is the determining factor, this hazardous waste listing description. The generally prefers a delisting approach in variable may be accounted for in future
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Stakeholder meetings were electroplating operations, EPA agrees developed an alternative cleaning held at the IBM facility on February 17 with IBM’s expectation that more process that uses dilute nitrogen and March 24, 2000. semiconductor manufacturing facilities trifluoride (NF3) as a replacement for the IBM has kept an open dialogue with will seek to adopt this process (or ones PFCs. The dilute NF3 is reported to have interested stakeholders since the very similar). The Agency agrees that if a much lower impact on global warming project’s inception and will continue to there is no adverse effect on the than the PFCs that would otherwise be involve any interested stakeholders in wastewater treatment sludge from the used.) the project’s development. In addition, use of this metallization process, then From a public policy standpoint, it EPA and IBM will make all project- regulating the sludge as a hazardous would not serve to encourage related documents and events publically waste based solely on the fact that the manufacturers to employ less-hazardous accessible through announcements, metallization process continues to meet or more environmentally friendly and EPA’s web site and public dockets. the narrative listing description of an innovative production processes and G. How Will This Project Result in Cost electroplating operation may be ingredients in manufacturing operations Savings and Paperwork Reduction? imposing regulatory controls if the Agency is unwilling to revisit unnecessarily. existing hazardous waste listings to As stated earlier, introducing the Further, the Agency believes that this determine if the wastes resulting from rinsewaters from the metallization innovative metallization process is such innovative process changes still process into the wastewater treatment environmentally superior to the old warrant a hazardous waste listing. This system has caused the entire volume of process it replaces, i.e., the aluminum XL project offers the Agency the wastewater treatment sludge to be chemical vapor deposition process. Not opportunity to consider proactively the defined as a hazardous waste, increasing only is the metallization process 30 to appropriate regulatory status of the the facility’s waste management costs by 40% more energy efficient than the old wastewater treatment sludges generated approximately $3,500/year. Removing process and the chips produced from an innovative production process the hazardous waste designation will approximately 25% more energy before it is widely used and eliminate this expenditure. Also, as efficient, there are also environmental commonplace and may serve as a discussed earlier, the State of Vermont benefits realized by discontinuing the precedent for other listed wastestreams. has waived the waste tax that would use of the old process. While the Additionally, the Agency believes that otherwise apply to IBM’s generation of metallization process generates a to the extent the implementation of the F006 waste (approximately $225,000/ wastewater stream (and subsequent hazardous waste regulations, including year). (Note that the State of Vermont is sludge from the treatment of that the actual requirements as well as the not authorized to do hazardous waste wastewater) that was not inherent to the costs and administrative burdens, are delistings which could change the aluminum chemical vapor deposition directly related to the hazards being regulatory status of the sludge from a process, the old vapor deposition posed by the waste being regulated, this listed hazardous waste to a process entailed a cleaning step that will improve the overall nonhazardous waste; however, the State used perfluorinated compounds (PFCs), implementation of the program and has more flexibility in assessing which are global warming gases. The compliance with the regulations. Just as hazardous waste generation taxes. Had aluminum chemical vapor deposition it is important to ensure that those the State not granted this tax waiver, the process basically uses vaporized metal wastes that can pose significant risk to cost savings associated with this (in this case, aluminum) that is then human health and the environment are specific XL project would be considered deposited on the wafer, all of which properly controlled and managed, it is significant.) Finally, IBM expects to see occurs in ‘‘chambers.’’ The vaporized also important to not needlessly subject cost savings of $100,000 to $200,000 per metal also gets deposited on the insides wastes that do not pose such risks to the year when the conversion to the copper of these chambers, which must same type of regulatory oversight. metallization process has been fully periodically be cleaned of this metal implemented. The sources of these cost coating. Thus, by replacing the old F. How Have Various Stakeholders Been savings include reduced material costs process with the metallization Involved in This Project? (e.g., reduction in the use and resultant process,10,000 metric tons of carbon IBM has established an appropriate purchase of PFCs) and reduced energy equivalent (MTCE) of global warming stakeholder group to develop the Final expenditures. gases will not be emitted to the air. Project Agreement for this XL pilot Because the IBM Vermont facility will However, it should be noted that, due to project and to evaluate IBM’s plan and continue to be regulated as a Large the nature of the materials and progress in implementing the project. Quantity Generator due to the volume of components involved in the IBM has solicited input on this project hazardous wastes generated at other semiconductor manufacturing process, from a wide range of stakeholders parts of the facility, and because there the vapor deposition process cannot be including local and national is no State hazardous waste tax being completely eliminated from the environmental groups, neighborhood applied, the actual reduction in production line, nor can the subsequent associations, and industry trade paperwork and cost savings related to cleaning steps. (However, the number of associations. Stakeholders have been waste management are not significant. cleaning steps requiring the use of PFCs notified of this project by direct mail, The wastewater treatment sludge will has been significantly reduced and will telephone, and notification in the local no longer be considered a hazardous continue to be reduced by the press. waste (unless the sludge otherwise conversion to the innovative copper In addition, IBM has conducted a exhibits a characteristic of hazardous metallization process. The vapor series of meetings with select waste) and so will not have to be deposition chambers, therefore, are a stakeholders who had agreed to serve as counted in the facility’s annual report.
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While this reduction in reported exemption for IBM’s copper rinsewaters. IBM must collect, analyze hazardous waste generated will metallization process from the narrative and submit this data twice a year (by certainly improve the facility’s public description for F006 listed hazardous January 15 and July 15 of each year). image, it will save only a little time and waste (see 40 CFR 261.31(a)), thus (2) In addition, IBM must report on money in preparing the annual report removing the F006 listing designation the status of the greenhouse gas for the hazardous wastes generated by from the sludges generated by the emission reduction project at the other facility operations. treatment of the wastewaters generated facility. This will include greenhouse There are also cost savings realized by by the copper metallization process. gas reductions achieved from the not having to use a hazardous waste VTDEC likewise intends to modify its conversion to the copper metallization transporter or hazardous waste manifest State hazardous waste program to allow process and IBM’s additional voluntary to ship the sludge off-site for further for the same removal of the F006 listing initiative to reduce greenhouse gas management. Also, because the sludges designation from the wastewater emissions from its other chamber are currently shipped to Canada for treatment sludge. It should be noted that cleaning processes. IBM will track usage treatment and disposal, IBM must the Agency intends that the exemption of C2F6, the primary PFC used in the currently file an annual ‘‘Request for will apply to all the wastewater chamber cleaning operation, and Export of Hazardous Waste’’ with treatment sludge resulting from the estimate the reduction in PFC emissions Canada, requiring 2 hours of treatment of the copper metallization based on the reduction in chemical engineering time, as well as several rinsewaters at the site, including those usage. Likewise, IBM will provide hours of phone calls and follow-up to sludges that are in the process of being similar data for the chemicals that ensure the application is expeditiously generated, sludges that result from replace the C2F6, specifically, dilute processed. Such an application and rinsewaters already in the wastewater nitrogen trifluoride (NF3), and dilute expenditure of resources is not needed treatment system, and sludges that have C2F6, including the quantity of NF3 used if the sludges being shipped to Canada been removed from the wastewater in the cleaning process, and the carbon are not hazardous wastes. treatment system and are being stored equivalent potential of the NF3 to EPA, as well as VTDEC, will also pending off-site transportation. calculate the global warming impact of benefit from some paperwork reduction Through the development of the Final the converted processes. IBM will report and cost savings by not having to Project Agreement (FPA), IBM has on the number of chambers converted process and track the manifests and agreed to comply with several key during the reporting period and export documents that will otherwise criteria as conditions for this exemption, remaining to be converted to achieve the have to be processed without this XL which are included in the regulatory site global warming gas emission project. text of the exemption. These conditions reduction goal along with an update of In considering the cost savings and are focused on proving the the calculated greenhouse gas emission paperwork reduction associated with environmental benefits of removing the reductions for the facility, both in terms this XL project, it is important to F006 listing from the wastewater of total mass emitted and mass emitted consider the potential impacts if this treatment sludges (or the normalized to production.4 Submissions pilot project proves successful and the inappropriateness of designating these of these data are likewise due twice a regulatory flexibility (i.e., the exemption wastewater treatment sludges F006 year, by January 15 and July 15 in of the copper metallization unit from hazardous waste) and to gather the data conjunction with the plating bath and the listing description of F006 wastes) is and other information that would allow rinsewater analyses. promulgated on a national basis. The the Agency to make a determination In addition, IBM commits to monitor conversion to the copper metallization regarding the possible future adoption copper concentrations in its wastewater process represents significant of this site-specific exemption as a effluent for conformance with their operational cost savings for IBM. As a nationwide generic exemption. IBM has current NPDES (National Pollutant result, on a national level the overall also agreed to commit to a good faith Discharge Elimination System) permit. cost (and paperwork) reduction that effort to achieve several goals related to IBM’s stated goal is to maintain copper would be realized may be quite superior environmental performance. concentrations in the effluent discharge significant, assuming this innovative (Note that while achieving these goals is of less than 40% of the discharge limit. technology (or a similar one) is adopted not being proposed as a condition of the I. How Long Will This Project Last and by more semiconductor manufacturers. exemption due to their uncertain nature, When Will It Be Completed? While there is little question that a an evaluation of the success of this XL national exemption patterned after this pilot project will certainly be influenced This project will be in effect for five site-specific exemption would result in by IBM’s success in achieving their years from the date that the final cost and paperwork reductions, because stated goals, as well as the effort rulemaking becomes effective (the latter of the variability in how States expended to achieve the goals.) of the EPA final rule or the VTDEC final implement their waste taxes, or other As conditions of the site-specific rule) unless it is terminated earlier or mechanisms for raising revenues based exemption, IBM must report on the extended by all Project Signatories (if on the hazardous wastes generated in following: the FPA is extended, the comments and the State, it is difficult to estimate a (1) IBM must analyze the plating bath input of stakeholders will be sought and projected savings on such taxes on a and rinsewaters generated from the a Federal Register document will be national level. copper metallization process. The analysis must be conducted on samples 4 The Agency notes that in the proposed rule H. What Are the Terms of the IBM that are representative of rinsewaters language, the condition for reporting on estimated Vermont XL Project and How Will They and plating baths associated with all the greenhouse gas emissions and reductions from a Be Enforced? 1995 base year would cease after 2004 or once IBM tools that are converted to the copper had achieved their facility-wide goal of 50% As stated earlier, to allow for the metallization process and will measure reduction, whichever comes first. The draft FPA implementation of the XL pilot project, for the presence of volatiles, semi- identified the goal as a 40% reduction. No comments were received noting this discrepancy. EPA is today modifying the current volatiles, and metals (using the methods The correct goal is 40% and the regulatory language regulatory framework in 40 CFR specified in 40 CFR part 264, appendix being promulgated today has been amended to 261.4(b) to provide a site-specific IX) in both the plating bath and reflect the correct 40% goal.
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The This action applies only to one impact of entitlement, grants, user fees, project will be completed at the facility, and therefore requires no or loan programs of the rights and conclusion of the five-year anniversary information collection activities subject obligations of recipients thereof; or of the final rulemaking or at a time to the Paperwork Reduction Act, and earlier or later determined by the (4) Raise novel legal or policy issues arising out of legal mandates, the therefore no information collection amount of information gathered to date request (ICR) will be submitted to OMB and the interest of the parties involved. President’s priorities, or the principles set forth in the Executive Order. for review in compliance with the Upon completion of the project term, Because the annualized cost of this Paperwork Reduction Act, 44 U.S.C. EPA and VTDEC commit to evaluating final rule will be significantly less than 3501, et seq. the project. If the project results indicate $100 million and will not meet any of E. Does This Project Trigger the that it was a success, EPA will consider the other criteria specified in the Requirements of the Unfunded transferring the regulatory flexibility (or Executive Order, it has been determined Mandates Reform Act? some similar flexibility) to the national that this rule is not a ‘‘significant RCRA program (through rulemaking regulatory action’’ under the terms of Title II of the Unfunded Mandates procedures). Should the project results Executive Order 12866, and is therefore Reform Act of 1995 (UMRA), Public indicate that the project was not not subject to OMB review. Law 104–4, establishes requirements for successful, EPA will promulgate a rule Federal agencies to assess the effects of B. Is a Regulatory Flexibility Analysis to remove the site-specific exemption. their regulatory actions on State, local, Required? Absent any regulatory action on the part and tribal governments and the private of the Agency, the implementing rule The Regulatory Flexibility Act (RFA), sector. Under section 202 of the UMRA, (i.e., the site-specific exemption) will 5 U.S.C. 601 et seq., generally requires EPA generally must prepare a written remain in effect as long as IBM an agency to conduct a regulatory statement, including a cost-benefit continues to meet its conditions (i.e., flexibility analysis of any rule subject to analysis, for proposed and final rules EPA and VTDEC intend to allow IBM to notice and comment rulemaking with ‘‘Federal mandates’’ that may continue operating under the site- requirements unless the agency certifies result in expenditures to State, local, and tribal governments, in the aggregate, specific rule). However, as for any that the rule will not have a significant or to the private sector, of $100 million conditional exemption, if at any time, economic impact on a substantial or more in any one year. Before should IBM fail to meet the conditions number of small entities. Small entities promulgating an EPA rule for which a of the site-specific exemption, the include small businesses, small not-for- written statement is needed, section 205 exemption is not applicable. Also, the profit enterprises, and small of the UMRA generally requires EPA to Agency may promulgate a rule to governmental jurisdictions. This rule identify and consider a reasonable withdraw the exemption at any time, will not have a significant impact on a number of regulatory alternatives and subject to the procedures agreed to in substantial number of small entities adopt the least costly, most cost- the Final Project Agreement (FPA), because it only affects the IBM facility effective or least burdensome alternative including, but not limited to, a in Essex Junction, VT and it is not a that achieves the objectives of the rule. substantial failure on the part of any small entity. Therefore, EPA certifies that this action will not have a The provisions of section 205 do not Project Signatory to comply with the apply when they are inconsistent with terms and conditions of the FPA or if significant economic impact on a substantial number of small entities. applicable law. Moreover, section 205 the exemption becomes inconsistent allows EPA to adopt an alternative other with future statutory or regulatory C. Is EPA Required To Submit a Rule than the least costly, most cost-effective requirements. Report Under the Congressional Review or least burdensome alternative if the Act? IV. Additional Information Administrator publishes with the final The Congressional Review Act, 5 rule an explanation of why that A. How Does This Rule Comply With U.S.C. 801 et seq., as added by the Small alternative was not adopted. Before EPA Executive Order 12866? Business Regulatory Enforcement establishes any regulatory requirements Fairness Act of 1996, generally provides that may significantly or uniquely affect Under Executive Order 12866 (58 FR that before a rule may take effect, the small governments, including tribal 51735, October 4, 1993) the Agency agency promulgating the rule must governments, it must have developed must determine whether the regulatory submit a rule report, which includes a under section 203 of the UMRA a small action is ‘‘significant’’ and therefore copy of the rule, to each House of the government agency plan. The plan must subject to Office of Management and Congress and the Comptroller General of provide for notifying potentially Budget (OMB) review and the the United States. Section 804, however, affected small governments, enabling requirements of the Executive Order. exempts from Section 801 the following officials of affected small governments The Order defines ‘‘significant types of rules: rules of particular to have meaningful and timely input in regulatory action’’ as one that is likely applicability, rules relating to agency the development of EPA regulatory to result in a rule that may: management and personnel, and rules of proposals with significant Federal (1) Have an annual effect on the agency organization, procedure, or intergovernmental mandates, and economy of $100 million or more or practice that do not substantially affect informing, educating, and advising adversely affect in a material way the the rights or obligations of non-agency small governments on compliance with economy, a sector of the economy, parties. 5 U.S.C. 804 (3). EPA is not the regulatory requirements. productivity, competition, jobs, the required to submit a rule report As noted above, this rule is applicable environment, public health or safety in regarding today’s action under section only to one facility in Vermont. EPA has State, local, or tribal governments or 801 because this is a rule of particular determined that this rule contains no communities; applicability. regulatory requirements that might
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How Does This Rule Comply with relationship between the national Thus, today’s rule is not subject to the Executive Order 13045: Protection of government and the States. Or on the requirements of sections 202 and 205 of Children From Environmental Health the UMRA. distribution of power and Risks and Safety Risks? responsibilities among the various level F. RCRA & Hazardous and Solid Waste The Executive Order 13045, of government, as specified in Executive Amendments of 1984 ‘‘Protection of Children from Order 13132. The exemption outlined in 1. Applicability of Rules in Authorized Environmental Health Risks and Safety today’s rule will not take effect unless States Risks’’ (62 FR 19885, April 23, 1997) Vermont chooses to adopt the rule or applies to any rule that: (1) Is other legal implementing mechanism. Under section 3006 of RCRA, EPA determined to be ‘‘economically Thus, the requirements of section 6 of may authorize qualified States to significant,’’ as defined under Executive the Executive Order do not apply to this administer and enforce the RCRA Order 12866; and (2) concerns an rule. Although section 6 of Executive program for hazardous waste within the environmental health or safety risk that State. (See 40 CFR part 271 for the Order 13132 does not apply to this rule, EPA has reason to believe may have a EPA did fully coordinate and consult standards and requirements for disproportionate effect on children. If with the state and local officials in authorization.) States with final the regulatory action meets both criteria, developing this rule. authorization administer their own the Agency must evaluate the hazardous waste programs in lieu of the environmental health or safety effects of I. How Does This Rule Comply With Federal program. Following the planned rule on children, and Executive Order 13084: Consultation authorization, EPA retains enforcement explain why the planned regulation is and Coordination with Indian Tribal authority under sections 3008, 7003 and preferable to other potentially effective Governments ? 3013 of RCRA. and reasonably feasible alternatives After authorization, Federal rules considered by the Agency. Under Executive Order 13084, EPA written under RCRA (non-HSWA), no This rule is not subject to Executive may not issue a regulation that is not longer apply in the authorized state Order 13045 because it is not an required by statute, that significantly or except for those issued pursuant to the economically significant rule, as defined uniquely affects the communities of Hazardous and Solid Waste Act by Executive Order 12866, and because Indian tribal governments, and that Amendments of 1984 (HSWA). New it does not involve decisions based on imposes substantial direct compliance Federal requirements imposed by those environmental health or safety risks. costs on those communities, unless the rules do not take effect in an authorized Federal government provides the funds State until the State adopts the H. Does This Rule Comply With necessary to pay the direct compliance requirements as State law. Executive Order 13132: Federalism? In contrast, under section 3006(g) of Executive Order 13132, entitled: costs incurred by the tribal RCRA, new requirements and ‘‘Federalism’’ (64 FR 43255, August 10, governments. If the mandate is prohibitions imposed by HSWA take 1999), requires EPA to develop an unfunded, EPA must provide to the effect in authorized States at the same accountable process to ensure Office of Management and Budget, in a time they take effect in nonauthorized ‘‘meaningful and timely input by State separately identified section of the States. EPA is directed to carry out and local officials in the development of preamble to the rule, a description of HSWA requirements and prohibitions in regulatory policies that have federalism the extent of EPA’s prior consultation authorized States until the State is implications.’’ ‘‘Policies that have with representatives of affected tribal granted authorization to do so. federalism implications’’ is defined in governments, a summary of the nature the Executive order to include of their concerns, and a statement 2. Effect on Vermont Authorization regulations that have ‘‘substantial direct supporting the need to issue the Today’s rule, will be promulgated effects on the States, on the relationship regulation. In addition, Executive Order pursuant to non-HSWA authority, rather between the national government and 13084 requires EPA to develop an than HSWA. Vermont has received the States, or on the distribution of effective process permitting elected and authority to administer most of the power and responsibilities among the other representatives of Indian tribal RCRA program; thus, authorized various levels of government.’’ governments to provide meaningful and provisions of the State’s hazardous Under section 6 of Executive Order timely input in the development of waste program are administered in lieu 13132, EPA may not issue a regulation regulatory policies on matters that of the Federal program. Vermont has that has federalism implications, that significantly or uniquely affect their received authority to administer the imposes substantial direct compliance communities. Today’s rule does not regulations that specifically identify costs, and that is not required by statute, significantly or uniquely affect the hazardous wastes by listing them. As a unless the Federal government provides communities of Indian tribal result, the rule to modify the listing for funds necessary to pay the direct F006 hazardous waste would not be compliance costs incurred by State and governments. There are no communities effective in Vermont until the State local governments, or EPA consults with of Indian tribal governments located in adopts the modification. It is EPA’s State and local officials early in the the vicinity of the facility. Accordingly, understanding that subsequent to the process of developing the regulation. the requirements of section 3(b) of promulgation of this rule, Vermont EPA may also not issue a regulation that Executive Order 13084 do not apply to intends to propose rules or other legal has federalism implications and that this rule. mechanisms to provide the exemption preempts State law, unless the Agency
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J. Does This Rule Comply With the volatiles, and metals using methods regulatory material that is easy to read National Technology Transfer and presented in part 264, appendix IX of and understand. Advancement Act ? this chapter of both the plating solution EFFECTIVE DATE: September 12, 2000. As noted in the proposed rule, section utilized by, and the rinsewaters FOR FURTHER INFORMATION CONTACT: 12(d) of the National Technology generated by, the copper metallization James B. Vogelsinger, Federal Vehicle Transfer and Advancement Act of 1995 process; Policy Division (MTV), 202–501–1764 (‘‘NTTAA’’), Public Law 104–113, (ii) IBM provides the agency with or e-mail at [email protected]. semi-annual reports (by January 15 and section 12(d) (15 U.S.C. 272 note) SUPPLEMENTARY INFORMATION: directs EPA to use voluntary consensus July 15 of each year), through the year standards in its regulatory activities 2004, or when IBM has achieved its A. Background unless to do so would be inconsistent facility-wide goal of a 40% reduction in As parts of the FPMR are rewritten, with applicable law or otherwise greenhouse gas emissions from a 1995 they are being moved into the Federal impractical. Voluntary consensus base year (when normalized to Management Regulation (FMR). Subpart standards are technical standards (e.g., production), whichever is first, that 101–6.4 of the Federal Property materials specifications, test methods, contain the following: Management Regulations (FPMR) has (A) Estimated greenhouse gas sampling procedures, and business been rewritten as a part of GSA’s emissions, and estimated greenhouse practices) that are developed or adopted regulatory initiative to update, gas emission reductions. Greenhouse by voluntary consensus standards streamline, and clarify the FPMR. gas emissions will be reported in terms bodies. The NTTAA directs EPA to During this rewriting process, GSA of total mass emitted and mass emitted provide Congress, through OMB, surveyed the Federal Fleet Policy normalized to production; and explanations when the Agency decides Council (FEDFLEET) members in (B) The number of chemical vapor not to use available and applicable November 1999 and considered the deposition chambers used in the voluntary consensus standard. This comments received. semiconductor manufacturing rulemaking does not involve technical The scope provision of the current production line that have been standards. Therefore, EPA did not regulation in subpart 101–6.400 states converted to either low flow C F or NF consider the use of any voluntary 2 6 3 that the rule does not apply to use of a during the reporting period and the consensus standards. Government passenger carrier in number of such chambers remaining to conjunction with official travel in List of Subjects in 40 CFR Part 261 be converted to achieve the facility goal performing temporary duty (TDY) for global warming gas emission Environmental protection, Hazardous assignments. In redrafting the reductions. materials, Waste treatment and disposal, regulation, GSA revised the structure of (iii) No significant changes are made Recycling. the rule. While the scope of this final to the copper metallization process such rule states that the regulation governs Dated: September 1, 2000. that any of the constituents listed in 40 the use of Government passenger Carol M. Browner, CFR part 261, appendix VII as the basis carriers to transport employees between Administrator. for the F006 listing are introduced into their homes and place of work, the rule For the reasons set forth in the the process. still does not apply to the use of a preamble, part 261 of Chapter I of Title * * * * * Government passenger carrier in 40 of the Code of Federal Regulations is [FR Doc. 00–23239 Filed 9–11–00; 8:45 am] conjunction with official travel in to be amended as follows: BILLING CODE 6560±50±U performing temporary duty (TDY) PART 261ÐIDENTIFICATION AND assignments, or permanent change of LISTING OF HAZARDOUS WASTE station (PCS) travel, as is made clear in GENERAL SERVICES § 102–5.20 of this final rule. 1. The authority citation for part 261 ADMINISTRATION GSA occasionally receives inquiries continues to read as follows: about the tax implications for 41 CFR Parts 101±6 and 102±5 Authority: 42 U.S.C. 6905, 6912(a), 6921, employees using Government passenger 6922, 6924(y), and 6938. [FPMR Amendment A±55] carriers for transportation between their residence and place of employment. 2. Section 261.4 is amended by RIN 3090±AH08 adding paragraph (b)(16) to read as Agencies and employees should follows: Home-to-Work Transportation examine their tax responsibilities and consult the Internal Revenue Service as § 261.4 Exclusions. AGENCY: Office of Governmentwide needed. * * * * * Policy, GSA. Another subject about which GSA (b) * * * ACTION: Final rule. receives questions involves Government (16) Sludges resulting from the contractor use of Government passenger treatment of wastewaters (not including SUMMARY: The General Services carriers. While this regulation, in most spent plating solutions) generated by the Administration (GSA) is revising provisions, addresses Federal officers or copper metallization process at the Federal Property Management employees exclusively, 41 CFR 102– International Business Machines Regulations (FPMR) by moving coverage 34.230 states that an agency cannot Corporation (IBM) semiconductor on the official use of Government authorize a Government contractor to manufacturing facility in Essex passenger carriers between residence use motor vehicles between residence Junction, VT, are exempt from the F006 and place of employment (i.e. home-to- and place of employment unless listing, provided that: work transportation) into the Federal authorized in accordance with 31 U.S.C. (i) IBM provides the Agency with Management Regulation (FMR). A cross- 1344 and this regulation. semi-annual reports (by January 15 and reference is added to the FPMR to direct July 15 of each year) detailing readers to the coverage in the FMR. The B. Executive Order 12866 constituent analyses measuring the FMR is written in plain language to GSA has determined that this final concentrations of volatiles, semi- provide agencies with updated rule is not a significant regulatory action
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This final rule is not expected to have Sec. § 102±5.5 Preamble. a significant economic impact on a 102–5.5 Preamble. (a) The questions and associated substantial number of small entities 102–5.10 What does this part cover? answers in this part are regulatory in within the meaning of the Regulatory 102–5.15 Who is covered by this part? effect. Thus compliance with the Flexibility Act, 5 U.S.C. 601, et seq. 102–5.20 Who is not covered by this part? written text of this part is required by 102–5.25 What additional guidance all to whom it applies. D. Paperwork Reduction Act concerning home-to-work transportation (b) The terms ‘‘we,’’ ‘‘I,’’ ‘‘our,’’ should Federal agencies issue? The Paperwork Reduction Act does 102–5.30 What definitions apply to this ‘‘you,’’ and ‘‘your,’’ when used in this not apply because this final rule does part? part, mean you as a Federal agency, an not impose recordkeeping or agency head, or an employee, as Subpart BÐAuthorizing Home-to-Work appropriate. information collection requirements, or Transportation the collection of information from 102–5.35 Who is authorized home-to-work § 102±5.10 What does this part cover? offerors, contractors, or members of the transportation? This part covers the use of public which require the approval of the 102–5.40 May the agency head delegate the Government passenger carriers to Office of Management and Budget authority to make home-to-work transport employees between their (OMB) under 44 U.S.C. 3501, et seq. determinations? homes and places of work. 102–5.45 Should determinations be E. Small Business Regulatory completed before an employee is § 102±5.15 Who is covered by this part? Enforcement Fairness Act provided with home-to-work This part covers Federal agency transportation? This final rule is exempt from 102–5.50 May determinations be made in employees in the executive, judicial, congressional review prescribed under 5 advance for employees who respond to and legislative branches of the U.S.C. 801 since it relates solely to unusual circumstances when they arise? Government, with the exception of agency management and personnel. 102–5.55 How do we prepare employees of the Senate, House of determinations? Representatives, Architect of the List of Subjects in 41 CFR Parts 101–6 102–5.60 How long are initial Capitol, and government of the District and 102–5 determinations effective? of Columbia. 102–5.65 What procedures apply when the Government property management. need for home-to-work transportation § 102±5.20 Who is not covered by this exceeds the initial period? part? For the reasons set forth in the 102–5.70 What considerations apply in preamble, GSA amends 41 CFR chapters This part does not cover: making a determination to authorize (a) Employees who are on official 101 and 102 as follows: home-to-work transportation for field travel (TDY); or work? CHAPTER 101Ð[AMENDED] (b) Employees who are on permanent 102–5.75 What circumstances do not establish a basis for authorizing home-to- change of station (PCS) travel; or 1. The authority citation for part 101– (c) Employees who are essential for 6 continues to read as follows: work transportation for field work? 102–5.80 What are some examples of the safe and efficient performance of Authority: Sec. 205(c), 63 Stat. 390 (40 positions that may involve field work? intelligence, counterintelligence, U.S.C. 486(c)); 31 U.S.C. 1344(e)(1). 102–5.85 What information should our protective services, or criminal law determination for field work include if enforcement duties when designated in PART 101±6ÐMISCELLANEOUS positions are identified rather than writing as such by their agency head. REGULATIONS named individuals? 102–5.90 Should an agency consider § 102±5.25 What additional guidance concerning home-to-work transportation 2. Subpart 101–6.4 consisting of whether to base a Government passenger carrier at a Government facility near the should Federal agencies issue? § 101–6.400 is revised to read as employee’s home or work rather than follows: Each Federal agency using authorize the employee home-to-work Government passenger carriers to transportation? provide home-to-work transportation for Subpart 101±6.4ÐOfficial Use of 102–5.95 Is the comfort and/or convenience Government Passenger Carriers of an employee considered sufficient employees who are essential for the safe Between Residence and Place of justification to authorize home-to-work and efficient performance of Employment transportation? intelligence, counterintelligence, 102–5.100 May we use home-to-work protective services, or criminal law § 101±6.400 Cross-reference to the Federal transportation for other than official enforcement duties should issue Management Regulation (FMR) (41 CFR purposes? guidance concerning such use. chapter 102, parts 102±1 through 102±220). 102–5.105 May others accompany an employee using home-to-work § 102±5.30 What definitions apply to this For policy concerning official use of transportation? part? Government passenger carriers between The following definitions apply to residence and place of employment Subpart CÐDocumenting and Reporting Determinations this part: previously contained in this part, see Agency head means the highest FMR part 5 (41 CFR part 102–5), Home- 102–5.110 Must we report our official of a Federal agency. to-Work Transportation. determinations outside of our agency? 102–5.115 When must we report our Clear and present danger means CHAPTER 102Ð[AMENDED] determinations? highly unusual circumstances that 102–5.120 What are our responsibilities for present a threat to the physical safety of 3. Part 102–5 is added to subchapter documenting use of home-to-work the employee or their property when the A of chapter 102 to read as follows: transportation? danger is:
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(1) Real; and Home means the primary place where (a) A clear and present danger; (2) Immediate or imminent, not an employee resides and from which the (b) An emergency; or merely potential; and employee commutes to his/her place of (c) A compelling operational (3) The use of a Government work. consideration. passenger carrier would provide Home-to-work transportation means Note to § 102–5.50: Implementation of protection not otherwise available. the use of a Government passenger these determinations is contingent upon one Compelling operational carrier to transport an employee of the three circumstances occurring. Thus, considerations means those between his/her home and place of these may be referred to as ‘‘contingency circumstances where home-to-work work. determinations.’’ transportation is essential to the Passenger carrier means a motor conduct of official business or would vehicle, aircraft, boat, ship, or other § 102±5.55 How do we prepare substantially increase a Federal agency’s similar means of transportation that is determinations? efficiency and economy. owned (including those that have come Determinations must be in writing Emergency means circumstances that into the possession of the Government and include the: exist whenever there is an immediate, by forfeiture or donation), leased, or (a) Name and title of the employee (or unforeseeable, temporary need to rented (non-TDY) by the United States other identification, if confidential); provide home-to-work transportation for Government. (b) Reason for authorizing home-to- those employees necessary to the Work means any place within the work transportation; and uninterrupted performance of the accepted commuting area, as (c) Anticipated duration of the agency’s mission. (An emergency may determined by the Federal agency for authorization. occur where there is a major disruption the locality involved, where an of available means of transportation to § 102±5.60 How long are initial employee performs his/her official determinations effective? or from a work site, an essential duties. Government service must be provided, Initial determinations are effective for and there is no other way to transport Subpart BÐAuthorizing Home-to-Work no longer than: those employees.) Transportation (a) Two years for field work, updated Employee means a Federal officer or as necessary; and employee of a Federal agency, including § 102±5.35 Who is authorized home-to- (b) Fifteen days for other an officer or enlisted member of the work transportation? circumstances. Armed Forces. By statute, certain Federal officials are Federal agency means: authorized home-to-work § 102±5.65 What procedures apply when (1) A department (as defined in transportation, as are employees who the need for home-to-work transportation exceeds the initial period? section 18 of the Act of August 2, 1946 meet certain statutory criteria as (41 U.S.C. 5a)); determined by their agency head. The The agency head may approve (2) An executive department (as Federal officials authorized by statute unlimited subsequent determinations, defined in 5 U.S.C. 101); are the President, the Vice-President, when the need for home-to-work (3) A military department (as defined and other principal Federal officials and transportation exceeds the initial in 5 U.S.C. 102); their designees, as provided in 31 U.S.C. period, for no longer than: (4) A Government corporation (as 1344(b)(1) through (b)(7). Those (a) Two years each for field work, defined in 5 U.S.C. 103(1)); updated as necessary; and (5) A Government controlled employees engaged in field work, or faced with a clear and present danger, (b) Ninety calendar days each for corporation (as defined in 5 U.S.C. other circumstances. 103(2)); an emergency, or a compelling (6) A mixed-ownership Government operational consideration may be § 102±5.70 What considerations apply in corporation (as defined in 31 U.S.C. authorized home-to-work transportation making a determination to authorize home- 9101(2)); as determined by their agency head. No to-work transportation for field work? (7) Any establishment in the other employees are authorized home- Agencies should consider the executive branch of the Government to-work transportation. following when making a determination (including the Executive Office of the § 102±5.40 May the agency head delegate to authorize home-to-work President); the authority to make home-to-work transportation for field work: (8) Any independent regulatory determinations? (a) The location of the employee’s agency (including an independent No, the agency head may not delegate home in proximity to his/her work and regulatory agency specified in 44 U.S.C. the authority to make home-to-work to the locations where non-TDY travel is 3502(10)); determinations. required; and (9) The Smithsonian Institution; (b) The use of home-to-work (10) Any nonappropriated fund § 102±5.45 Should determinations be transportation for field work should be instrumentality of the United States; completed before an employee is provided authorized only to the extent that such and with home-to-work transportation? transportation will substantially (11) The United States Postal Service. Yes, determinations should be increase the efficiency and economy of Field work means official work completed before an employee is the Government. requiring the employee’s presence at provided with home-to-work various locations other than his/her transportation unless it is impracticable § 102±5.75 What circumstances do not establish a basis for authorizing home-to- regular place of work. (Multiple stops to do so. (itinerant-type travel) within the work transportation for field work? accepted local commuting area, limited § 102±5.50 May determinations be made in The following circumstances do not use beyond the local commuting area, or advance for employees who respond to establish a basis for authorizing home- transportation to remote locations that unusual circumstances when they arise? to-work transportation for field work: are only accessible by Government- Yes, determinations may be made in (a) When an employee assigned to provided transportation are examples of advance when the Federal agency wants field work is not actually performing field work.) to have employees ready to respond to: field work.
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(b) When the employee’s workday employee’s home or work rather than § 102±5.115 When must we report our begins at his/her work; or authorize the employee home-to-work determinations? (c) When the employee normally transportation. You must report your determinations commutes to a fixed location, however to Congress no later than 60 calendar far removed from his/her official duty § 102±5.95 Is the comfort and/or days after approval. You may station (for example, auditors or convenience of an employee considered consolidate any subsequent investigators assigned to a defense sufficient justification to authorize home-to- determinations into a single report and work transportation? contractor plant). submit them quarterly. No, the comfort and/or convenience Note to § 102–5.75: For instances where an § 102±5.120 What are our responsibilities employee is authorized home-to-work of an employee is not considered for documenting use of home-to-work transportation under the field work sufficient justification to authorize transportation? provision, but performs field work only on an home-to-work transportation. intermittent basis, the agency shall establish Your responsibilities for documenting procedures to ensure that a Government § 102±5.100 May we use home-to-work use of home-to-work transportation are passenger carrier is used only when field transportation for other than official that you must maintain logs or other work is actually being performed. Although purposes? records necessary to verify that any some employees’ daily work station is not home-to-work transportation was for located in a Government office, these No, you may not use home-to-work official purposes. Each agency may employees are not performing field work. transportation for other than official decide the organizational level at which Like all Government employees, employees purposes. However, if your agency has the logs should be maintained and kept. working in a ‘‘field office’’ are responsible for prescribed rules for the incidental use of The logs or other records should be their own commuting costs. Government vehicles (as provided in 31 easily accessible for audit and should U.S.C. note), you may use the vehicle in contain: § 102±5.80 What are some examples of accordance with those rules in positions that may involve field work? (a) Name and title of employee (or connection with an existing home-to- other identification, if confidential) Examples of positions that may work authorization. using the passenger carrier; involve field work include, but are not (b) Name and title of person § 102±5.105 May others accompany an limited to: authorizing use; (a) Quality assurance inspectors; employee using home-to-work (c) Passenger carrier identification; (b) Construction inspectors; transportation? (d) Date(s) home-to-work (c) Dairy inspectors; Yes, an employee authorized home-to- (d) Mine inspectors; transportation is authorized; work transportation may share space in (e) Meat inspectors; and (e) Location of residence; (f) Medical officers on outpatient a Government passenger carrier with (f) Duration; and service. other individuals, provided that the (g) Circumstances requiring home-to- passenger carrier does not travel work transportation. Note to § 102–5.80: The assignment of an additional distances as a result and such Note: This document was received at the employee to such a position does not, of sharing is consistent with his/her Office of the Federal Register on September itself, entitle an employee to receive daily 6, 2000. home-to-work transportation. Federal agency’s policy. When a Federal agency establishes its space sharing Dated: February 14, 2000. § 102±5.85 What information should our policy, the Federal agency should David J. Barram, consider its potential liability for and to determination for field work include if Administrator of General Services. positions are identified rather than named those individuals. Home-to-work individuals? transportation does not extend to the [FR Doc. 00–23250 Filed 9–11–00; 8:45 am] If positions are identified rather than employee’s spouse, other relatives, or BILLING CODE 6820±24±P named individuals, your determination friends unless they travel with the for field work should include sufficient employee from the same point of information to satisfy an audit, if departure to the same destination, and DEPARTMENT OF DEFENSE this use is consistent with the Federal necessary. This information should 48 CFR Part 209 include the job title, number, and agency’s policy. operational level where the work is to [DFARS Cases 98±D003, 99±D004, 99±D010] be performed (e.g., five recruiter Subpart CÐDocumenting and personnel or, positions at the Detroit Reporting Determinations Defense Federal Acquisition Army Recruiting Battalion). Regulation Supplement; Contract § 102±5.110 Must we report our Administration and Audit Services Note to § 102–5.85: An agency head may determinations outside of our agency? elect to designate positions rather than AGENCY: Department of Defense (DoD). Yes, you must submit your individual names, especially in positions ACTION: Correction to final rule. where rapid turnover occurs. determinations to the following Congressional Committees: SUMMARY: DoD is issuing a correction to § 102±5.90 Should an agency consider (a) Chairman, Committee on the final rule published at 64 FR 61028 whether to base a Government passenger Governmental Affairs, United States on November 9, 1999, pertaining to carrier at a Government facility near the Senate, Suite SD–340, Dirksen Senate contract administration and audit employee's home or work rather than services. authorize the employee home-to-work Office Building, Washington, DC 20510– transportation? 6250; and EFFECTIVE DATE: November 9, 1999. Yes, situations may arise where, for (b) Chairman, Committee on FOR FURTHER INFORMATION CONTACT: Ms. cost or other reasons, it is in the Governmental Reform, United States Michele Peterson, Defense Acquisition Government’s interest to base a House of Representatives, Suite 2157, Regulations Council, OUSD (AT&L) DP Government passenger carrier at a Rayburn House Office Building, (DAR), IMD 3D139, 3062 Defense Government facility located near the Washington, DC 20515–6143. Pentagon, Washington, DC 20301–3062.
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Telephone (703) 602–0311; telefax (703) incidental season for halibut taken sport fishing in September. By 602–0350. shoreward of the 30-fathom depth combining the 14,044 lb (6,370 kg) SUPPLEMENTARY INFORMATION: contour, and lasts from May 1 through remaining in the all-depth quota with September 30. Halibut are not the 5,000 lb (2,268 kg) available from Correction frequently encountered in nearshore the nearshore fishery, 19,368 lb (8,785 In the issue of Tuesday, November 9, waters, and this first season offers kg) could be made available to the all- 1999, on page 61028, in the third fishers the opportunity to retain depth fishery. Historically, September column, amendatory instruction 4 is incidentally-caught halibut on fishing all-depth fishing days have had landings corrected to read as follows: trips targeting other species. The second levels of about half the level of August 4. Section 209.106–2 is amended in season is an all-depth fishery in May, all-depth fishing days in the same year. paragraph (1) in the first sentence by with the season length determined by Because the August fishery this year removing the reference and abbreviation comparing pre-season estimates of was expected to take about 30,000 lb ‘‘DLAH 4105.4, DoD’’ and adding in expected catch per day against the (13,608 kg) of halibut, managers their place the words ‘‘the Federal’’. halibut quota for that fishery. The third determined that 19,368 lb (8,785 kg) season is an all-depth fishery in August, would be enough halibut to hold a day Michele P. Peterson, which harvests the remainder of the all- of all-depth fishing in September. To Executive Editor, Defense Acquisition depth quota not taken in the May ensure conservative season structuring, Regulations Council. fishery. halibut managers further recommended [FR Doc. 00–23370 Filed 9–11–00; 8:45 am] Before the start of the May 2000 all- holding the fishery on a week day in BILLING CODE 5000±04±M depth season, Oregon Department of late September, when sport fishery Fish and Wildlife (ODFW) estimated participation decreases due to colder that the May fishery would take 106,724 weather and the opening of the school DEPARTMENT OF COMMERCE lb (48,409 kg) of halibut over a 5-day year. season, leaving 35,893 lb (16,281 kg) of Section 24 of the 2000 Pacific halibut National Oceanic and Atmospheric halibut for the August all-depth fishery. regulations provides NMFS with the Administration However, weather during the 5-day flexibility to make certain inseason fishery was unusually pleasant and management changes, provided that the 50 CFR Part 300 vessels landed significantly more action is necessary to allow allocation halibut than had been estimated in objectives to be met, and that the action [Docket No. 991220343-0071-02; I.D. preseason projections, 128,573 lb will not result in exceeding the catch 082300C] (58,320 kg). As a result of this overage limit for the area. The structuring Pacific Halibut Fisheries; Oregon Sport in the May fishery, only 14,044 lb (6,370 objectives for this subarea are to provide Fisheries kg) of halibut remained for an August two periods of fishing opportunity in fishery from the all-depth quota. Based May and in August in productive deeper AGENCY: National Marine Fisheries on past August all-depth fisheries, water areas along the coast, principally Service (NMFS), National Oceanic and ODFW had estimated that at least for charter boat and larger private boat Atmospheric Administration (NOAA), 30,000 lb (13,608 kg) would be needed anglers, and to provide a period of Commerce. to hold a single day of all-depth fishing fishing opportunity in the summer for ACTION: Inseason action. in August. The International Pacific nearshore waters for small boat anglers. Halibut Commission (IPHC), ODFW, While this year’s fishing season has met SUMMARY: NMFS announces changes to and NMFS met and agreed to cancel the the structuring objective for the the fishing season for the Area 2A sport August all-depth fishing opportunity, nearshore fishery, too much halibut was fisheries off the Oregon coast. This based on insufficient quota. This fishery taken in the May fishery to meet the action would transfer quota from the had been set preseason for Friday, objective of having a second all-depth Oregon coast nearshore fishery to the August 4. season in August. This inseason action Oregon coast all-depth fishery, and The Area 2A CSP allows inseason would address the lost August would set an all-depth fishing date for changes to sport fishery season dates opportunity as much as possible by Friday, September 22, 2000. and other management measures, and scheduling an all-depth season date in DATES: Effective September 7, 2000, includes several provisions for quota September. through December 31, 2000. transfers. Under the CSP, halibut quota In consultation with the ODFW, the may be transferred from the Oregon Council, and the IPHC, NMFS has ADDRESSES: Comments may be mailed to central coast nearshore fishery to the all- determined that transferring 5,000 lb William Stelle, Jr., Regional depth fishery, as long as enough quota (2,268 kg) of unneeded quota from the Administrator, Northwest Region, remains available to allow nearshore nearshore fishery to the all-depth NMFS, 7600 Sand Point Way, Seattle, halibut fishing opportunities through fishery and scheduling a day of all- WA 98115. September 30. The 2000 quota for the depth fishing for Friday, September 22 FOR FURTHER INFORMATION CONTACT: Oregon coast nearshore fishery is 12,324 accommodates the CSP’s season Yvonne deReynier, 206-526-6129. lb (5,590 kg,) of which ODFW estimates structuring objective for the Oregon SUPPLEMENTARY INFORMATION: The Area 7,324 lb (3,322 kg) will be needed to central coast area without allowing the 2A Catch Sharing Plan (CSP) for Pacific maintain the fishery through September fishery to exceed its quota. halibut off Washington, Oregon, and 30. California is implemented in the annual On August 11, 2000, NMFS met via NMFS Action management measures for the Pacific telephone conference call with For the reasons stated here, NMFS halibut fisheries published on March 20, representatives of ODFW, the Pacific announces the following changes to the 2000 (65 FR 14909). Those measures Fishery Management Council (Council), 2000 annual management measures (65 organize the Oregon sport fishery for and IPHC to determine whether moving FR 14909, March 20, 2000). halibut between Cape Falcon and quota from the nearshore fishery to the 1. In section 23. Sport Fishing for Humbug Mountain into three separate all-depth fishery would provide enough Halibut, paragraphs (4)(b)(v)(A)(1) and seasons. The first season is a small, halibut quota to hold a day of all-depth (A)(3) are revised to read as follows:
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2000 Pacific Halibut Fishery these actions is based on the most recent SUPPLEMENTARY INFORMATION: Regulations data available. Because of the need for Regulations implemented under the immediate action to allow fishers access authority of the Atlantic Tunas 23. Sport Fishing for Halibut to the Oregon coast halibut quota, and Convention Act (16 U.S.C. 971 et seq.) * * * * * because the public had an opportunity and the Magnuson-Stevens Fishery (4) * * * to comment on the CSP that is being Conservation and Management Act (b) * * * implemented and on NMFS’ authority (Magnuson-Stevens Act; 16 U.S.C. 1801 (v) * * * to make inseason changes to certain et seq.) governing the harvest of BFT by (A) * * * management measures when those persons and vessels subject to U.S. (1) The first season is limited to the measures would further the objectives of jurisdiction are found at 50 CFR part area inside the 30-fathom (55 m) curve the Catch Sharing Plan, NMFS has 635. General category effort controls nearest to the coastline as plotted on determined that good cause exists for (including time-period subquotas and National Ocean Service charts this document to be published without RFDs) are specified annually under 50 numbered 18520, 18580, and 18600. It affording a prior opportunity for public CFR 635.23(a) and 635.27(a). The 2000 commences May 1 and continues every comment or a 30-day delayed General category effort controls were day through September 30, or until the effectiveness period. Public comments specified on July 7, 2000 (65 FR 42883, combined subquotas of the north central will be received for a period of 15 days July 12, 2000). and south central inside 30-fathom after the effectiveness of this action. fisheries (7,324 lb (3.32 mt)) is estimated Adjustment of Daily Retention Limit for This action is authorized by Section 24 Selected Dates to have been taken and the season is of the annual management measures for closed by the Commission, whichever is Pacific halibut fisheries published on Under 50 CFR 635.23(a)(4), NMFS earlier. March 20, 2000 (65 FR 14909) and has may increase or decrease the daily * * * * * been determined to be not significant for retention limit of large medium and (3) The third season is open on purposes of Executive Order 12866. giant BFT over a range from zero (on September 22 to harvest the remainder RFDs) to a maximum of three per vessel of the quotas for the all-depth fisheries Dated: September 5, 2000. to allow for maximum utilization of the in the subareas described in paragraphs Richard W. Surdi, quota for BFT. Based on a review of (v) and (vi) of this section, totaling Acting Director, Office of Sustainable dealer reports, daily landing trends, and 142,618 lb (64.7 mt). Fisheries, National Marine Fisheries Service. the availability of BFT on the fishing * * * * * [FR Doc. 00–23385 Filed 9–7–00; 3:06 pm] grounds, NMFS has determined that 2. In section 23. Sport Fishing for BILLING CODE 3510±22±S adjustment to the RFD schedule, and, Halibut, paragraphs (4)(b)(vi)(A)(1), and therefore, an increase of the daily (A)(3) are revised to read as follows: retention limit for certain previously DEPARTMENT OF COMMERCE designated RFDs, is necessary. 2000 Pacific Halibut Fishery Therefore, NMFS adjusts the daily Regulations National Oceanic and Atmospheric retention limit for September 10, 11, 17, Administration 23. Sport Fishing for Halibut 18, 24, and 25, 2000, to one large medium or giant BFT per vessel. NMFS * * * * * 50 CFR Part 635 has selected these days in order to give (4) * * * adequate advance notice to fishery (b) * * * [I.D. 081600A] participants and NMFS enforcement. (vi) * * * The intent of this adjustment is to (A) * * * Atlantic Highly Migratory Species allow for maximum utilization of the (1) The first season is limited to the Fisheries; Atlantic Bluefin Tuna General category subquotas for the area inside the 30-fathom (55 m) curve September fishing period (specified AGENCY: nearest to the coastline as plotted on National Marine Fisheries under 50 CFR 635.27(a)) by General National Ocean Service charts Service (NMFS), National Oceanic and category participants in order to help numbered 18520, 18580, and 18600. It Atmospheric Administration (NOAA), achieve optimum yield in the General commences May 1 and continues every Commerce. category fishery, to collect a broad range day through September 30, or until the ACTION: Adjustment of General category of data for stock monitoring purposes, combined subquotas of the north central daily retention limit on previously and to be consistent with the objectives and south central inside 30-fathom designated restricted fishing days. of the HMS FMP. For these same fisheries (7,324 lb (3.32 mt)) is estimated reasons, NMFS has already adjusted the SUMMARY: NMFS has determined that to have been taken and the season is General category daily retention limit the Atlantic bluefin tuna (BFT) General closed by the Commission, whichever is for 10 previously scheduled RFDs in category restricted fishing day (RFD) earlier. July and August (65 FR 46654, July 31, schedule should be adjusted; i.e., * * * * * 2000). (3) The third season is open on certain RFDs should be waived in order While catch rates have continued to September 22 to harvest the remainder to allow for maximum utilization of the be low so far this season, NMFS of the quotas for the all-depth fisheries General category subquota for the recognizes that they may increase. In in the subareas described in paragraphs September fishing period. Therefore, addition, due to the temporal and (v) and (vi) of this section, totaling NMFS increases the daily retention geographical nature of the fishery, 142,618 lb (64.7 mt). limit from zero to one large medium or certain gear types and areas are more giant BFT on the following previously * * * * * productive at various times during the designated RFDs for 2000: September fishery. In order to ensure that the Classification 10, 11, 17, 18, 24, and 25. September subquota is not filled This action is authorized by the DATES: Effective September 7, 2000. prematurely and to ensure equitable regulations implementing the Catch FOR FURTHER INFORMATION CONTACT: Pat fishing opportunities in all areas and for Sharing Plan. The determination to take Scida or Brad McHale, 978-281-9260. all gear types, NMFS has not waived all
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Amendment 5 was approved by under Executive Order 12866. The current regulatory text regarding the National Marine Fisheries Service Authority: 16 U.S.C. 971 et seq. and 1801 an eligible applicant for a Norton Sound on September 12, 1997, and added et seq. red or blue king crab license under the section 8.1.4.1.1 to the FMP, which LLP does not accurately represent the Dated: September 6, 2000. reads in part as follows: Council’s intent or the FMP amendment License Recipients. Licenses will be issued Bruce C. Morehead, text and is inconsistent with regulations to current owners (as of June 17, 1995) of Acting Director, Office of Sustainable governing the LLP application qualified vessels, except in the Norton Sound Fisheries, National Marine Fisheries Service. requirements. The word ‘‘and’’ between summer red and blue king crab fisheries. [FR Doc. 00–23313 Filed 9–7–00; 8:45 am] License for these fisheries would be issued ‘‘1993’’ and ‘‘1994’’, in the ‘‘eligible to: BILLING CODE: 3510±22 ±S applicant’’ definition at 50 CFR 679.2, is a. Individuals who held a State of Alaska a drafting error that instead should be Permit for the Norton Sound summer king ‘‘or’’. Currently, the regulation defining crab fisheries and made at least one landing; DEPARTMENT OF COMMERCE an eligible applicant for an LLP license or b. Vessel owners as of June 17, 1995, in National Oceanic and Atmospheric based on participation in the Norton Sound red and blue king crab fisheries instances where a vessel was corporate Administration owned, but operated by a skipper who was at 50 CFR 679.2 reads as follows: a temporary contract employee. 50 CFR Part 679 ‘‘Eligible applicant means a qualified The FMP text, for individuals, shows person who submitted an application during the application period announced by NMFS a strong connection between holding a [Docket No. 970703166-8209-04; I.D. State permit for, and making at least one 060997A] and . . . who was an individual who held a State of Alaska permit for the Norton Sound landing from, the Norton Sound RIN 0648-AH65 king crab summer fishery in 1993 and 1994, summer king crab fisheries. The reason and who made at least one harvest of red or that the Council made an exception to Fisheries of the Exclusive Zone blue king crab in the relevant area during the the normal vessel ownership Economic Zone Off Alaska; License period specified in §679.4(k)(5)(ii)(G), or a requirement for these fisheries is that Limitation Program; Correction corporation that owned or leased a vessel on many of the participants are not vessel June 17, 1995, that made at least one harvest owners and fished on the vessels of AGENCY: National Marine Fisheries of red or blue king crab in the relevant area Service (NMFS), National Oceanic and during the period in §679.4(k)(5)(ii)(G), and others, and the Council did not want to Atmospheric Administration (NOAA), that was operated by an individual who was exclude any past participant from future Commerce. an employee or a temporary contractor; or.’’ participation in these fisheries under The reference to § 679.4(k)(5)(ii)(G) the LLP. In addition, the Council was ACTION: Correcting amendments. specifies the criteria for an area/species aware that this approach could result in SUMMARY: NMFS is correcting a final endorsement for Norton Sound red and more vessels fishing for king crab in rule implementing the License blue king crab on an LLP license. Norton Sound under the LLP, but the Limitation Program (LLP) established Basically, these criteria include one entry of new vessels from outside the for the groundfish fisheries in the Bering documented harvest of any amount of area was unlikely due to the Sea and Aleutian Islands management red or blue king crab from Norton management of those fisheries by the area (BSAI), the groundfish fisheries in Sound between January 1, 1993, and State of Alaska (State) under a super- the Gulf of Alaska (GOA), and the crab December 31, 1994. exclusive registration system. fisheries in the BSAI, that was This regulatory text appears clear that The FMP amendment text does not published in the Federal Register of unless otherwise exempted, to qualify specify a particular time period within Thursday, October 1, 1998. for an LLP license to fish for red or blue which an individual would have to hold king crab in Norton Sound, an a State permit for, and make at least one DATES: Effective January 1, 1999. individual would have to: landing from, the Norton Sound FOR FURTHER INFORMATION CONTACT: John (a) Submit an LLP application during summer king crab fisheries. The Council Lepore, 907-586-7228. the application period (which ended newsletter dated June 28, 1995, and the SUPPLEMENTARY INFORMATION: The LLP is December 17, 1999); preamble to the proposed rule indicate a limited access system authorized (b) Have held a State of Alaska permit that the Council intended the Norton under section 303(d) of the Magnuson- for the Norton Sound king crab summer Sound king crab fisheries to be Stevens Fishery Conservation and fishery in 1993 and 1994; and exempted from the standard general Management Act. The LLP is designed (c) Have made one documented qualification period (GQP) of January 1, to limit the number, size, and operation harvest of any amount of red or blue 1988, through June 27, 1992, that of vessels that may be used in the king crab from Norton Sound during the applies to most other crab fisheries. affected groundfish and crab fisheries. same 2-year period, 1993 through 1994. Instead of the GQP, the Council The North Pacific Fishery Management This regulation is essentially the same stipulated a landing requirement during Council (Council) adopted the LLP in as that published in the proposed rule the 2-year period 1993 through 1994. June 1995, and officially submitted it to for public comment on August 15, 1997 The reason for this is that the State NMFS in June 1997. A proposed rule to (62 FR 43866). No comments were started its super-exclusive registration implement the LLP was published on received on this eligibility issue in system in 1993. Hence, when the August 15, 1997 (62 FR 43865). The LLP Norton Sound. However, a more Council adopted the LLP in June 1995, was approved by NMFS on September fundamental issue is whether the intent the period 1993 through 1994
VerDate 112000 08:38 Sep 11, 2000 Jkt 190000 PO 00000 Frm 00029 Fmt 4700 Sfmt 4700 E:\FR\FM\12SER1.SGM pfrm04 PsN: 12SER1 54972 Federal Register / Vol. 65, No. 177 / Tuesday, September 12, 2000 / Rules and Regulations represented the most recent for the Norton Sound king crab PART 679ÐFISHERIES OF THE participation history under the super- fisheries). Requiring a State permit only EXCLUSIVE ECONOMIC ZONE OFF exclusive system for Norton Sound, and for the year in which the minimim ALASKA the best snapshot of local or resident landing requirement was satisfied involvement in the king crab fisheries in would be less restrictive. In addition, 1. The authority citation for part 679 continues to read as follows: that area. regulations implementing the LLP In summary, the resulting ‘‘eligible application process (published August Authority: 16 U.S.C 773 et seq., 1801 et applicant’’ regulatory text quoted earlier 6, 1999, 64 FR 42826) added § seq., and 3631et seq.; Title II of Division C, Pub. L. 105-277; Sec. 3027, Pub. L. 106-31, substitutes an individual State permit 679.4(k)(6) in which an applicant for a requirement for the vessel ownership 113 Stat. 57; 16 U.S.C. 1540(f). Norton Sound crab species endorsement 2. In § 679.2, paragraph (3) under the otherwise required for LLP eligibility, must contain: and exempts the Norton Sound king definition for ‘‘Eligible applicant,’’ is ‘‘. . . valid evidence that the applicant was corrected to read as follows: crab fishery from the GQP requirements. a State of Alaska permit holder for the Norton Instead, an ‘‘eligible applicant’’ could Sound king crab summer fishery in 1993 or § 679.2 Definitions. receive an LLP license with a Norton 1994.’’ (Emphasis added) * * * * * Sound red and blue king crab area/ Eligible applicant * * * species endorsement if the applicant has For this reason, the definition for a minimum of one documented harvest ‘‘eligible applicant,’’ subparagraph (3) at * * * * * of red or blue king crab in Norton Sound § 679.2, is corrected. (3) Who was an individual who held a State of Alaska permit for the Norton during the 2-year period 1993 through List of Subjects in 50 CFR Part 679 1994. Sound king crab summer fishery at the Apparently the Council intended to Alaska, Fisheries, Recordkeeping and time he or she made at least one harvest design the LLP to include all of the 1993 reporting requirements. of red or blue king crab in the relevant area during the period specified in and 1994 participants in the Norton Dated: September 7, 2000. Sound summer king crab fisheries. No § 679.4(k)(5)(ii)(G), or a corporation that William T. Hogarth, indication of the same concern for owned or leased a vessel on June 17, excess fishing capacity exists in these Acting Assistant Administrator for Fisheries, 1995, that made at least one harvest of fisheries that the Council had for the National Marine Fisheries Service. red or blue king crab in the relevant area other LLP groundfish and crab fisheries. during the period in § 679.4(k)(5)(ii)(G), For reasons explained in the and that was operated by an individual Requiring a minimum of only one preamble, 50 CFR part 679 is corrected documented harvest in the Norton who was an employee or a temporary by making the following correcting contractor; or Sound king crab fisheries in either 1993 amendment: and 1994, but requiring a State permit * * * * * in both years would be restrictive (i.e., [FR Doc. 00–23400 Filed 9–11–00; 8:45 am] would qualify fewer LLP participants BILLING CODE 3510±22±S
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Proposed Rules Federal Register Vol. 65, No. 177
Tuesday, September 12, 2000
This section of the FEDERAL REGISTER and has been reviewed by the Office of The Unfunded Mandates Reform Act of contains notices to the public of the proposed Management and Budget. 1995 issuance of rules and regulations. The purpose of these notices is to give interested Regulatory Flexibility Act Title II of the Unfunded Mandates persons an opportunity to participate in the Reform Act of 1995 (UMRA) established rule making prior to the adoption of the final This rule will not have a significant requirements for Federal agencies to rules. economic impact on a substantial assess the effects of their regulatory number of small entities. New actions on State, local, and tribal provisions included in this rule will not governments or the private sector. This DEPARTMENT OF AGRICULTURE impact small entities to a greater extent rule contains no Federal mandates, as defined in Title II of the UMRA, for Rural Housing Service than large entities. Therefore, this action is determined to be exempt from the State, local, and tribal governments or provisions of the Regulatory Flexibility the private sector. Therefore, this rule is Rural Business-Cooperative Service not subject to the requirements of Act (5 U.S.C. 605) and no Regulatory sections 202 and 205 of UMRA. Rural Utilities Service Flexibility Analysis was prepared. Paperwork Reduction Act of 1995 Executive Order 13132 Farm Service Agency In accordance with section 3507(j) of The policies contained in this rule do the Paperwork Reduction Act of 1995 7 CFR Part 1945 not have any substantial direct effect on (44 U.S.C. chapter 35), the information States, on the relationship between the collection and recordkeeping RIN 0560±AF72 national Government and the States, or requirements included in the proposed on the distribution of power and rule have been submitted for approval to Streamlining of the Emergency Farm OMB. Loan Program Loan Regulations responsibilities among the various levels of Government. Nor does this rule Title: Emergency Loans. AGENCY: Farm Service Agency, USDA. OMB Control Number: 0560–0159. impose substantial direct compliance Expiration Date: March 31, 2001. ACTION: Proposed rule. costs on State and local governments. Abstract: The information collected Therefore, consultation with the States under this rule is needed for FSA to SUMMARY: The Farm Service Agency is not required. effectively make and service Emergency (FSA) proposes to amend regulations to loans. The reporting requirements streamline the Emergency loan Environmental Impact Statement imposed by the proposed rule are requirements to make them clearer and necessary to administer Emergency to reduce administrative burdens on This document has been reviewed in loans in accordance with statutory FSA and borrowers. accordance with 7 CFR part 1940, subpart G. It has been determined that requirements of the Consolidated Farm DATES: Comments on the proposed rule this action does not affect the quality of and Rural Development Act (7 U.S.C. must be received on or before November human environment. Therefore, an 1921 et seq.) consistent with commonly 13, 2000 to be assured of consideration. Environmental Impact Statement is not performed lending practices. Comments on the information collection In order to apply for an Emergency required. requirements of this rule must be loan, the applicant must provide received on or before November 13, Executive Order 12988 information regarding the farming 2000 to be assured of consideration. operation, financial condition, ability to ADDRESSES: Submit written comments This rule has been reviewed in obtain other credit, plans for how it to the Director, Loan Making Division, accordance with Executive Order 12988, intends to repay the loan, and loan Farm Loan Programs, Farm Service civil justice reform. All State and local security. If the borrower seeks loan Agency, United States Department of laws and regulations that are in conflict servicing, the borrower must provide Agriculture, STOP 0522, 1400 with this rule will be preempted. No information regarding the financial Independence Avenue, SW, retroactive effect will be given to this condition of the borrower. Washington, DC 20250–0522. rule. It will not affect agreements The purpose of the proposed rule is FOR FURTHER INFORMATION CONTACT: entered into prior to the effective date to streamline the requirements for Mike Hinton, Branch Chief, Loan of the rule. The administrative appeal making an Emergency loan to enable Making Division, Farm Loan Programs, provisions published at 7 CFR parts 11 FSA to more rapidly and efficiently Farm Service Agency, United States and 780 must be exhausted before make Emergency loans to qualified Department of Agriculture, STOP 0522, bringing any action for judicial review. applicants. Type of Request: Revision and 1400 Independence Avenue, SW, Executive Order 12372 Extension of a Currently Approved Washington, DC 20250–0522 telephone Information Collection Package. (202) 720–1632; or e-mail: The programs within this rule are Estimate of Burden: Public reporting [email protected]. excluded from the scope of Executive burden for this collection of information SUPPLEMENTARY INFORMATION: Order 12372, which requires is estimated to average 2.94 hours per intergovernmental consultation with Executive Order 12866 loan application. State and local officials. See the Notice Respondents: Farmers and ranchers: This rule has been determined to be related to 7 CFR part 3015, subpart V 4,664. significant under Executive Order 12866 (48 FR 29115, June 24, 1983).
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Estimated Number of Respondents: elsewhere test to reduce the burden of the proposed rule will exercise FSA 6,895. this requirement on applicants in discretion in section 329 of the Act (7 Estimated Number of Responses per accordance with section 322 of the U.S.C. 1970) to increase the loan level Respondent: 2.34. Consolidated Farm and Rural for production loss Emergency loans Estimated Total Annual Burden on Development Act (Act) (7 U.S.C. 1962). from 80 percent to 100 percent of the Respondents: 13,714 hours. The current regulations contain eligible production loss. Comments are solicited on the requirements regarding obtaining The proposed rule provides that a proposed information collection and written rejections of credit from the borrower may use the proceeds of a recordkeeping to assist FSA to: (a) local community that exceed those production loss Emergency loan for the Evaluate whether the collection of required by the Act. Under the proposed purposes of replacing working capital information is necessary for the proper rule, these requirements have been lost as a result of the disaster. In the performance of the functions of the reduced to more accurately reflect the current regulation, replacement of agency, including whether the minimum requirements of the Act and working capital is not a specifically information will have practical utility; to focus these requirements on stated authorized use of loan funds. (b) evaluate the accuracy of FSA’s applications for larger loans and from Over the years, however, FSA has estimate of burden including the applicants with substantial net worth. determined that in responding to a validity of the methodology and This proposed rule provides that in the disaster a borrower not only may assumptions used; (c) enhance the case of loans in excess of $300,000 experience a loss in production of the quality, utility and clarity of the where the applicant’s net worth is in crop, but also may have to devote information to be collected; and (d) excess of $1,000,000, the applicant must working capital set aside for the minimize the burden of the collection of obtain three written declinations of production of crops for other purposes information on those who are to credit and at least one of which must be in response to the disaster. Section 323 respond, including through the use of from a lender outside the normal trade of the Act (7 U.S.C. 1963) provides that appropriate automated, electronic, area of the applicant. The purpose for Emergency loans can be used for the mechanical, or other technological requiring a declination of credit outside same purposes as operating and real collection techniques or other forms of the normal trade area is to ensure that estate loans. Section 312 (a)(10) of the information technology. an applicant with a substantial net Act (7 U.S.C. 1942 (a)(10)), in turn, Comments regarding this information worth seeking a large loan has made the provides that operating loans may be collection should be sent to the Desk fullest effort to obtain credit from used for ‘‘other farm, ranch, or home Officer for Agriculture, Office of another source within the reasonable needs’’. The proposed rule clarifies that Information and Regulatory Affairs, proximity. For the remaining applicants, production loss Emergency loans may Office of Management and Budget, the requirements for obtaining written be used for other farm, ranch, or home Washington, DC 20503 and to Mike declinations of credit have been reduced needs, including but not limited to the Hinton, Branch Chief, Loan Making to two in the case of loans in excess of replacement of working capital lost. Under the proposed rule, livestock Division, Farm Loan Programs, Farm $300,000 and to one in the case of loans losses will be treated as a physical loss Service Agency, United States less than $300,000. The proposed rule instead of a production loss as under the Department of Agriculture, STOP 0522, also will add a provision that permits current rule. This change will simplify 1400 Independence Avenue, SW, waiver of the documentation of credit the loss calculation for livestock by Washington, DC 20250–0522. A elsewhere when the loan is for less than allowing FSA to value the livestock lost comment to OMB is best assured of $100,000, if the Agency determines this having its full effect if OMB receives it instead of attempting to apply a requirement would pose an undue production formula which is more within 30 days of publication of the burden on the applicant and credit is proposed rule. Comments regarding applicable to crop production than to not likely to be available based on the the production of livestock. This change paperwork burden will be summarized applicant’s circumstances. and included in the request for OMB also will remove livestock and livestock The proposed rule also will simplify approval of the information collection. products losses from the requirement the process for calculating qualifying All comments will also become a matter that they must reach a 30 percent yield production losses for which an of public record. loss threshold as required for all applicant may seek an Emergency loan. production losses. This change is based Federal Assistance Programs The current regulation has a very on the conclusion that yield loss These changes affect the following complex set of formulas for determining thresholds are not readily determinable FSA program as listed in the Catalog of qualifying production losses. As a or relevant in the livestock context. Federal Domestic Assistance under No. result, the current process consumes Therefore, FSA has determined to 10.404—Emergency Loans. substantial amounts of time for FSA and simply use the loss of livestock or the applicant before FSA can determine production itself as the basis for Background if the applicant is eligible and, if determining the loss for loan eligibility The current Emergency loan program eligible, how much may be borrowed. purposes. has been in effect since 1978. There The Agency proposes to calculate the The proposed rule will make a have been numerous changes to the eligible production loss as the difference conforming change to the use of loan program in subsequent years. The between the production level for the proceeds in the case of farming Agency has reviewed the current disaster year and the production history operations that have suffered a physical regulations and determined that they for the crops on the farm. The loss of livestock. The proposed rule will should be streamlined to reduce the production history for the farm will be allow the borrower to pay essential burden on the applicant. Recent based on crop insurance and FSA data. family household expenses from the statutory changes also have required In cases where sufficient production proceeds of a physical loss Emergency revisions to the regulations to ensure history is not available, the 3 year loan. Under the current rule, livestock that they reflect statutory requirements. county production average for the crop operations are able to pay essential The proposed rule will revise the will be used. In addition, in order to family household expenses from loan documentation requirement of the credit provide more assistance to borrowers, proceeds because the losses are treated
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The proceeds will be used for essential losses, a change was needed to allow plan must also indicate how pricing family household expenses. such livestock operations to use risks will be addressed through the use The proposed rule will provide more physical loss loan proceeds to pay of marketing contracts, hedging, flexibility in the requirements regarding essential family household expenses. options, or revenue insurance and an applicant whose operation changed The proposed rule will specifically include a marketing plan or similar risk between the time that the disaster took allow the costs of restoring perennials management practice. Further, the place and the time the loan application the produce an agricultural commodity applicant must demonstrate that it has is submitted. Under the current rule, the to their pre-disaster condition as an had positive net cash income in at least changed farming operation cannot be eligible purpose for physical loss loans 1 of the immediately preceding 5 years. larger than the farming operation that for the losses to chattel. Exhibit D to 7 The proposed rule also will provide that existed at the time of the disaster. The CFR part 1945, subpart D, currently if the applicant is using the applicant’s proposed rule will allow a farming provides that such loans may be used to ability to repay the loan as security, FSA operation to increase in size, however, pay the costs for restoring or shall require that the applicant pledge the loan amount will reflect the rehabilitating damaged citrus trees over all available assets (including personal percentage of the former farming a period of up to five years. Section assets for both individuals and members operation in the new operation and in 1945.163 (b) further provides that actual of entities). no case can the loan amount exceed the physical loss from income producing The proposed rule will include amount the former operation would trees includes the cost of reestablishing changes regarding the insurance have been eligible to receive. To further the trees; such loss from trees grown for requirements to protect FSA’s interests simplify this process, the proposed rule timber is based on the value of the trees in loan security. The proposed rule will also will remove the formula for at the time of the disaster less their retain the current requirement that a adjusting the loan amount for the new salvage value, and such loss to growing borrower must obtain at least farming operation based on the changes crops or pasture is the cost of catastrophic risk protection of crop in ownership from the former farming reestablishing the crops or pasture. After insurance or waive future emergency operation. replacing such perennials after a crop loss assistance for each crop that is The proposed rule will retain two disaster, the borrower may incur a basic part of an applicant’s total eligibility requirements from the additional costs for several years until farming operation, if available, in previous regulation regarding the perennials are able to produce writing. However, the proposed rule managerial ability and honest endeavor. agricultural commodities. Therefore, the will add an exception that a borrower Prior to amendments made to the Act by proposed rule clearly states that the must obtain crop insurance on all the Department of Agriculture proceeds of physical loss loans for growing crops used to provide adequate Reorganization Act of 1994 (1994 Act) chattels may be used to pay costs security, if available as determined by (Pub. L. 103–354), these requirements necessary to restore perennials which the Agency. This additional insurance were statutory eligibility requirements. were damaged by the disaster and that requirement is being imposed to provide Even though these statutory produce agricultural commodities. further protection for FSA with respect requirements were eliminated by The proposed rule will modify the to growing crops being used to meet section 227 of the 1994 Act, FSA has requirements regarding security for adequate security requirements. For all retained them administratively as Emergency loans. Section 802 of the types of insurance required for an requirements of the Emergency loan Agriculture, Rural Development, Food Emergency loan, the proposed rule also program. The basis for retaining these and Drug Administration, and Related requires the borrower to list FSA as loss provisions stems from the determination Agencies Appropriation Act, 1999, payee for the insurance indemnity that these requirements give FSA amended section 324(d) of the Act to payment or as a beneficiary of a critical information in determining prohibit FSA from rejecting an mortgage loss payable clause. This whether an applicant will be able to Emergency loan applicant because the change will ensure that FSA is able to repay the loan and meet all other applicant failed to pledge a particular obtain the portion of such insurance conditions of the loan. Managerial amount of collateral, if FSA is proceeds that represented security for ability of the applicant is a critical reasonably certain the applicant can the loan if an insurance indemnity is element in determining whether the repay the loan. However, section 324(d) paid. The proposed rule will require applicant will be able to successfully also allows FSA to require the applicant that in the case of crop insurance, the manage the operation to generate to pledge available collateral as security borrower must execute an assignment of sufficient revenue to repay the loan. The for the loan. indemnity in favor of FSA. Such an requirement of honestly endeavoring to Therefore, the proposed rule will assignment will also ensure that FSA carry out the conditions of the loan is eliminate the requirement that an will be able to collect the portion of a critical element in determining Emergency loan must be secured by a such indemnity payments in which it whether an applicant will repay the particular amount of collateral. The has an interest. loan and meet all other loan conditions. proposed rule will require the applicant The proposed rule also will eliminate The requirement assures that applicants to demonstrate an ability to repay the the limitations on the amount given to will completely and truthfully represent loan on an on-going operational basis, the applicant at loan closing for their farming operation for the purpose excluding special one-time sources of essential family household expenses. of determining loan eligibility. The income or expenses. Because the ability Instead of limiting the amount the requirement also assures that the to repay is a method for determining borrower may use for this purpose to a borrower will operate the farming whether the loan will be repaid, the set amount, the proposed rule will allow operation in a manner consistent with
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Emergency loan purposes and will not PART 1945ÐEMERGENCY Applicant means an individual or unnecessarily jeopardize FSA’s security entity (including each owner of the interests. With respect to this 1. The authority citation for part 1945 entity unless the context requires requirement, the proposed rule will continues to read as follows. otherwise) operating a farming provide FSA with the authority to Authority: 5 U.S.C. 301; 7 U.S.C. 1989; and operation at the time of the disaster, consider whether the applicant has 42 U.S.C. 1980. who is requesting assistance from the properly fulfilled its obligations with 2. Add subpart B to read as follows: Agency under this subpart. All other parties including other Federal requirements of applicants apply to Agencies in good faith. This provision is Subpart BÐEmergency Loans owners of the entity individually and not intended to address situations Sec. collectively unless the context clearly beyond the applicant’s control or 1945.51 Purpose. requires otherwise. isolated and inadvertent mistakes made 1945.52 Definitions. Aquacultural species means aquatic by the applicant. FSA believes that an 1945.53 Emergency loan funds uses. organisms (including fish, mollusks, 1945.54 Eligibility requirements. examination of such information will crustaceans or other invertebrates, 1945.55 Limitations. amphibians, reptiles, or aquatic plants) give it more critical information about 1945.56 Interest rate. the applicant to determine whether the 1945.57 Loan terms. raised in a controlled or selected applicant will operate the farming 1945.58 Repayment and Security environment which the applicant has operation in a manner consistent with requirements. exclusive rights to use. the requirements of the loan. 1945.59 Appraisal and valuation Basic part of an applicant’s total requirements. farming operation means an agricultural FSA also proposes to add the 1945.60 Insurance for loan security. commodity production enterprise of an eligibility requirement that an 1945.61 Charges and fees. applicant’s farming operation which applicant’s property must not be subject normally generates sufficient income to to a Federal judgement lien. This Subpart BÐEmergency Loans be considered essential to the success of amendment is required by Federal debt § 1945.51 Purpose. such farming operation. collection procedure, 28 U.S.C. 3201(e). Borrower means an individual or The purpose of the Emergency Loan Until such judgment is paid in full or entity which has an outstanding Program is to provide financial otherwise satisfied, the debtor is not obligation to the Agency under any assistance to family farmers that have eligible for any Federal loan or grant Farm Loan Program loan, without regard suffered losses as the result of a disaster assistance under this provision. to whether the loan has been so that they can return to normal accelerated. A borrower includes all The proposed rule also will amend farming operations as soon as possible parties liable for such obligation owed the Emergency loan regulations to after the disaster. Specifically, this to the Agency, including collection-only reflect the consolidation of the Farm subpart describes the policies and borrowers, except for debtors whose Loan Program portions of the former procedures of the Agency for making total loans and accounts have been Farmers Home Administration with the Emergency loans to operators of such voluntarily or involuntarily foreclosed, Agricultural Stabilization and farms. Conservation Service into FSA pursuant sold, or conveyed; or who have been to the Department of Agriculture § 1945.52 Definitions. discharged of all such obligations owed Reorganization Act of 1994. FSA further Act means the Consolidated Farm and to the Agency. will amend the current regulation to Rural Development Act (7 U.S.C. 1921 Chattel means any property that is not add, for clarity, definitions of the et seq.). real estate. Chattel or real estate essential to the following terms: ‘‘Act,’’ ‘‘agricultural Additional security means any real farming operation means chattel or real commodity,’’ ‘‘allowable costs,’’ estate or chattel that provides security estate that would be necessary for the ‘‘applicant,’’ ‘‘chattel,’’ ‘‘chattel or real in excess of the amount of security applicant to continue operating the farm estate essential to the farming value equal to the loan amount, after the disaster in a manner similar to operation,’’ ‘‘debt forgiveness,’’ excluding security described in the manner in which the farm was ‘‘disaster,’’ ‘‘disaster area,’’ ‘‘disaster § 1945.58(g). operated immediately prior to the yield,’’ ‘‘essential family household Adequate security means any real disaster, as determined by the Agency. expenses,’’ ‘‘entity,’’ ‘‘Farm Loan estate and chattel that is required to Corporation means a private domestic Program loan,’’ ‘‘farmer,’’ ‘‘livestock,’’ provide a security value at least equal to entity recognized as a corporation and ‘‘non-essential assets,’’ ‘‘normal the loan amount. authorized as a corporation under the production yield,’’ ‘‘owner,’’ ‘‘physical Agency means the Farm Service laws of the State or States in which the losses,’’ ‘‘security value,’’ and ‘‘trust.’’ Agency, including its employees, State entity does business. In addition to these changes, the and area committee members, and any County means a local administrative proposed rule generally will eliminate successor agency. subdivision of a State or similar provisions in the current regulations Agricultural commodity means political subdivision of the United that address certain administrative livestock, grains, cotton, oilseeds, dry States. functions of FSA, the details of which beans, tobacco, peanuts, sugar beets, Debt forgiveness means reducing or do not directly affect loan making sugar cane, fruit, vegetable, forage, tree terminating a debt under the Act in a decisions or administrative burdens of farming, nursery crops, nuts, manner that results in a loss to the the applicant. aquacultural species, and other Agency (excluding a consolidation, agricultural commodities as determined rescheduling, reamortization, or List of Subjects in 7 CFR Part 1945 by the Agency. deferral), through: Allowable costs means those costs for Agriculture, Credit, Disaster (1) Writing down or writing off a debt replacement or repair that are supported assistance, Loan programs—Agriculture. pursuant to 7 U.S.C. 2001; by acceptable documentation, including (2) Compromising, adjusting, Accordingly, 7 CFR part 1945 is but not limited to written estimates, reducing, or charging off a debt or claim proposed to be amended as follows: invoices, and bills. pursuant to 7 U.S.C. 1981; or
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(3) Paying a loss pursuant to 7 U.S.C. and directly as a commercial business U.S.C. 1501 et seq.) and part 400, 2005 on a Farm Loan Program loan through contracts or business subpart G of this title for the production guaranteed by the Agency. arrangements with farmers, except a year during which the disaster occurred; Disaster means an event of unusual grower under contract with an integrator (2) When the actual production and adverse weather conditions or other or processor may be considered an history is not available and the operator natural phenomena that has established farmer, provided the has been a Farm Loan Program borrower substantially affected producers of operation is not managed by an outside with respect to that farming operation agricultural commodities by causing full-time manager or management for the 3 years prior to the year of the physical property or production losses service and such loans shall be based on disaster the prior 3 year average per acre in a county, or similar political the applicant’s share of the agricultural yield for the crops will be determined subdivision, that triggered the inclusion production as set forth in the contract. using the Agency Farm Loan Program of such county or political subdivision Entity means a partnership, production records for the farming in the disaster area pursuant to subpart corporation, cooperative or joint operation when such records are A of this part. operation that is an operator of an available and the disaster yield for the Disaster area means the county(ies) , operation engaged in farming, ranching, years when such records are not declared/designated as a disaster area or aquaculture activities at the time the available; or for Emergency loan assistance as a result disaster occurs. (3) When the actual production of disaster related losses. This includes Family farm means family farm as history for the farming operation is not counties named as contiguous to those defined in § 1941.4 of this chapter. available and the operator has not been counties declared/designated as disaster Farm Loan Program loan means a a Farm Loan Program borrower for the areas. Farm Ownership loan, Operating loan, prior 3 years, the per acre average of the Disaster yield means the per acre Emergency loan, Soil and Water loan, or county average production for the crops yield of an agricultural commodity on Economic Emergency loan made or for the 3 years prior to the production the farming operation during the guaranteed by the Agency pursuant to year during which the disaster occurred. production period when the disaster the Act. Owner means those persons with an occurred. Farmer means individuals, interest in the entity as a stockholder, Essential family household expenses cooperatives, corporations, partnerships partner, member, or joint operator. means the expenses associated with or joint operations who are farmers, Physical loss means damage or providing food, clothing, and shelter ranchers, or aquaculture operators destruction with respect to real estate or necessary to maintain the borrower and actively engaged in their operation at chattel, excluding annual growing the immediate family of the borrower. the time a disaster occurs. crops. Established farmer means a farmer Feasible plan means feasible plan as Production loss means damage or who is an operator of the farming defined in § 1943.4. destruction with respect to annual operation (in the case of a farming Household contents means the growing crops. operation operated by an entity, its essential household items necessary to Security value means the value of real owners as a group) who: maintain viable living quarters such as: estate or chattels (less the value of any (1) Actively participated in the stove, refrigerator, furnace, couch, prior liens) used as security for a loan operation and the management, chairs, tables, beds, lamps, clothes, etc. under this subpart as of the date of the including but not limited to, exercising The term excludes all luxury items closing of the loan. control over, making decisions including jewelry, furs, antiques, Trust means an organization that regarding, and establishing the direction paintings, etc. under applicable State law meets the of, the farming operation at the time of Hazard insurance means coverage criteria of being a trust of any kind, but the disaster; against losses due to fire, windstorm, excluding trusts that under applicable (2) Spends a substantial portion of lightning, hail, explosion, business State law also meet the criteria of being time in carrying out the farming interruption, riot, civil commotion, a farm cooperative, private domestic operation; aircraft, land vehicles, marine vehicles, corporation, partnership, or joint (3) Planted the crop, or purchased or smoke, builders risk, public liability, operation. produced the livestock on the farming property damage, flood or mudslide, United States means each of the operation; workman’s compensation, or any several States, the Commonwealth of (4) In the case of an entity, is similar insurance that is available and Puerto Rico, the Virgin Islands of the primarily engaged in farming and has needed to protect the security, or which United States, Guam, American Samoa, over 50 percent of its gross income from is required by law. and the Commonwealth of the Northern all sources from its farming operation Livestock means a member of the Mariana Islands. based on the farming operation’s animal kingdom, or product thereof, as Working capital means cash available projected cash flow for the next crop determined by the Agency. to conduct normal daily farming or year or the next 12 month period, as Majority interest means an ownership ranching operations including but not mutually determined; and interest of 50 percent or more of the limited to feed, seed, fertilizer, (5) Is not: entity. pesticides, farm or ranch supplies, (i) A corporation with a majority Non-essential asset means non- cooperative stock, and cash rent. interest held by one or more estates, essential asset as defined in § 1951.906 trusts, other corporations, partnerships, of this chapter. § 1945.53 Emergency loan funds uses. or joint operations; Nonfarm enterprise means nonfarm (a) Physical losses. (ii) A partnership or joint operation enterprise as defined in § 1941.4 of this (1) Real estate losses. Emergency with a majority interest held by an chapter. loans may be used to address the needs estate, trust, corporation, another Normal production yield means: of the farming operation associated with partnership or another joint operation; (1) The per acre actual production physical losses of real estate that were or history of the crops produced by the the result of a disaster to: (iii) An integrated livestock, poultry, farming operation determined pursuant (i) Acquire or enlarge the farm, as or fish processor who operates primarily to the Federal Crop Insurance Act (7 specified in § 1943.16(a) of this chapter,
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In the case of a loan for a (iii) Pay for activities to promote soil which includes, but is not limited to, purpose specified in § 1945.53(a)(2), an and water conservation and protection feed, seed, fertilizer, pesticides, farm or applicant must be the operator of the on the family farm as specified in ranch supplies, cooperative stock, and farming operation. § 1943.16(c) of this chapter; cash rent; (iii) Loans for production losses. In (iv) Pay loan closing costs related to (3) Pay costs associated with Federal the case of a loan for a purpose specified acquiring, enlarging, or improving the or State-approved standards under the in § 1945.53(b), an applicant must be the family farm as specified in § 1943.16(d) Occupational Safety and Health Act of operator of the farming operation. of this chapter that an applicant cannot 1970 (29 U.S.C. 655 and 667) if the (6) For entity applicants: pay from other sources; applicant can show that compliance (i) If the owners holding a majority (v) Replace land or water resources on with the standards will cause interest in the entity applicant are the family farm which resources cannot substantial economic injury; related by blood or marriage, at least one be restored; (4) Pay training costs required or of such related owners must operate the (vi) Pay costs associated with land recommended by the Agency; family farm. and water development for conservation (5) Pay essential family household (ii) If the owners holding a majority or use purposes; expenses; interest in the entity applicant are not (vii) Establish a new site for farm (6) Refinance a debt (in the case Farm related by blood or marriage, the dwelling and service buildings outside Loan Program loan debt as long as the majority interest holders must all of a flood or mudslide area; and applicant has not refinanced the loan operate the family farm. (iii) If the entity applicant has an (viii) Replace land from the family more than 4 times); and operator interest in any other farming farm that was sold or conveyed, if such (7) Replace lost working capital. operation, that farming operation must land is necessary for the farming § 1945.54 Eligibility requirements. not be larger than a family farm. operation to be effective. (a) General borrower eligibility (7) Intent to continue farming. An (2) Chattel losses. Emergency loans requirements. To be eligible for an applicant must demonstrate the intent may be used to address the needs of the Emergency loan: to continue the farm operation after the farming operation associated with the (1) Legal capacity. An applicant must disaster. physical losses of chattel that were the have the legal capacity to incur the (8) Credit history. The applicant must result of a disaster to: obligation of the loan. demonstrate a credit history satisfactory (i) Purchase livestock and farm (2) Citizenship. to the Agency. The Agency may use equipment, including but not limited to (i) Applicant that is an individual. credit reports or any other available quotas, and cooperative stock for credit, The individual applicant must be a information to make this determination. production, processing, or marketing citizen of the United States or an alien (9) Availability of credit elsewhere. purposes; lawfully admitted to the United States An applicant must be unable to obtain (ii) Pay customary costs associated for permanent residence as determined sufficient credit elsewhere at reasonable with obtaining, planning, and closing a by the U.S. Immigration and rates and terms. To establish this, the loan that an applicant cannot pay from Naturalization Service. applicant must obtain written other sources (e.g. fees for legal, (ii) Applicant that is an entity. If the declinations of credit from legally architectural, and other technical applicant is an entity, the majority organized commercial lending services, but not fees for agricultural interest of the applicant must be held by institutions within reasonable proximity management consultation and individuals who are citizens of the of the applicant that specify the reasons preparation of Agency forms); United States or aliens lawfully for the declination as follows: (iii) Repair or replace essential admitted to the United States for (i) In the case of a loan in excess of household contents damaged in the permanent residence, as determined by $300,000 and the net worth of the disaster; the U.S. Immigration and Naturalization applicant is $1,000,000 or greater, three (iv) Pay the costs to restore Service. written declinations of credit, one of perennials, which produce an (3) Family farm and nonfarm which is from a lender outside the agricultural commodity, to the stage of enterprise. The applicant’s farming normal trade area of the applicant, are development the damaged perennials operation must qualify as a family farm required; had obtained prior to the disaster; and must not be a nonfarm enterprise. (ii) In the case of a loan in excess of (v) In the case of a farming operation (4) Established farmer. An applicant $300,000 and the net worth of the that has suffered livestock losses, pay must be an established farmer. applicant is less than $1,000,000, two essential family household expenses; (5) Owner and operator requirements. written declinations of credit are and (i) Loans for physical losses to real required; (vi) Refinance a loan (in the case of a estate. In the case of a loan for a purpose (iii) In the case of a loan of $300,000 Farm Loan Program loan debt as long as specified in § 1945.53(a)(1), an applicant or less, one written declination of credit the applicant has not refinanced the must be: is required; and loan more than 4 times). (A) the owner and operator of the (iv) In the case of a loan of $100,000 (b) Production losses. Emergency farming operation; or or less, the Agency may waive the loans may be used to address the losses (B) an operator of the farming requirement for obtaining a written of the farming operation associated with operation whose lease on the affected declination of credit, if the Agency production of agricultural commodities real estate would exceed the term of the determines that it would pose an undue (except the losses associated with the loan and give the Agency prior burden on the applicant, the applicant loss of livestock) of the farming notification of the termination of the certifies that they cannot get credit
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For (2) In the case of a physical loss loan, applicant must not have received debt physical loss loans, an applicant must the total eligible physical losses caused forgiveness from the Agency on more have suffered disaster-related damage to by the disaster; or than one occasion before April 4, 1996, chattel or real estate essential to the (3) In the case of a production loss or any time on or after April 4, 1996. farming operation, or to household loan, 100 percent of the total actual (11) Federal judgement lien. An items that must be repaired or replaced. production loss sustained by the applicant calculated pursuant to applicant’s property must not be subject (3) Changes in ownership structure. paragraph (d) of this section. to a Federal judgement lien. The ownership structure of a family (12) Managerial ability. An applicant (c) Maximum cumulative loan farm may change between the time of a must have sufficient managerial ability principal. The maximum cumulative qualifying loss and the time an to assure reasonable prospects of loan Emergency loan principal that any Emergency loan is closed. In such case, repayment, as determined by the individual, entity, or owner of an entity all of the following requirements must Agency. The applicant must may have outstanding is $500,000. be met: demonstrate this managerial ability by (d) Production losses. The applicant’s education, on-the-job training, or (i) The applicant, in its new form, actual production loss with respect to a farming experience within the last 5 including all owners must meet all crop is calculated as follows: years that covers an entire production applicable eligibility requirements (1) Subtract the applicant’s disaster cycle. contained in this section; yield from the applicant’s normal (13) Borrower training. The applicant (ii) The new individual applicant, or production yield to determine the must agree to meet the borrower training all owners of a new entity applicant applicant’s per acre production loss; requirements in accordance with must have had an ownership interest in (2) Multiply the applicant’s per acre § 1924.74 of this chapter. the farming operation at the time of the production loss by the number of acres (14) Prior drug convictions. An disaster; and of the farming operation devoted to the applicant cannot have been convicted (iii) The amount of the loan will be crop to determine the volume of the under Federal or State law of planting, based on the percentage of the former production loss; (3) Multiply the volume of the cultivating, growing, producing, farming operation transferred to the new applicant’s production loss by the harvesting, or storing a controlled applicant and in no event will the market price for such crop as substance, as defined in part 1308 of individual portions aggregated equal determined by the Agency to determine title 21 during the current crop year or more than would have been authorized the dollar value for the production loss; the previous 4 crop years. for the former farming operation. and (15) Honestly endeavor. The applicant (4) Requirement of insurance. must demonstrate to the Agency that the (4) Subtract any other disaster related Emergency loan funds may not be used compensation received by the applicant applicant will honestly endeavor to for physical loss purposes (excluding for the production loss. carry out the conditions of the loan. The losses to livestock) unless that physical (e) Physical loss. Agency will determine whether the property was covered by general hazard (1) Amount of loss. The applicant’s applicant will make a sincere effort to insurance at the time that the damage total eligible physical losses is repay the loan, devote the effort caused by the natural disaster occurred. calculated as follows: required to carry out the terms and The level of the coverage in effect at the (i) Add the allowable costs associated conditions of the loan, and deal with the time of the disaster must have been the with replacing or repairing chattel Agency in good faith. This includes the tax or cost depreciated value, whichever covered by hazard insurance (excluding applicant providing current, complete, is less. Chattel property must have been labor, machinery, equipment, or and truthful information when applying covered at the tax or cost depreciated materials contributed by the applicant for assistance. In making this value, whichever is less, when such to repair or replace chattel); determination, the Agency may examine insurance was readily available and the (ii) Add the allowable costs associated whether the applicant has properly benefit of the coverage (the lesser of the with repairing or replacing real estate, fulfilled its obligations to other parties, property’s tax or cost depreciated value) covered by hazard insurance; including other agencies of the Federal was greater than the cost of the (iii) Add the value of replacement Government. insurance. livestock (such valuation will be based (b) Additional Emergency loan on a national or regional valuation of eligibility requirements. § 1945.55 Limitations. species or product classification (1) Timely loan application. A loan (a) General limitations. whichever the Agency determines is application must be received by the (1) Highly erodible soil and wetlands more accurate); Agency not later than 8 months after the (iv) Add the allowable costs to restore conservation. The Agency will not make date the disaster is declared or perennials, which produce an a loan under this subpart for any designated in the county of the agricultural commodity, to the stage of purpose that contributes to erosion of applicant’s farming operation. development the damaged perennials highly erodible land or the conversion (2) Qualifying losses. had obtained prior to the disaster; (i) Loss must occur in a disaster area. of wetlands to produce an agricultural (v) Add, in the case of an applicant An applicant may seek an Emergency commodity. that is an individual, the allowable costs loan only with respect to a family farm (2) Construction. Any construction associated with repairing or replacing that had production or physical losses financed by the Agency must comply essential household contents, not to as a result of a disaster in a disaster area. with applicable Federal, State, local, exceed $20,000; and (ii) Eligible production loss. For and industry building standards. (vi) Subtract any other disaster related production loss loans, an applicant (b) Restriction on loan amount. An compensation or insurance indemnities must have a disaster yield that is at least Emergency loan may not exceed the received by the applicant for the loss or 30 percent below the normal production lesser of: damage to the chattel or real estate.
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(2) Documentation. In the case of (3) Interests in property not owned by (iv) The purchase contract must not physical losses associated with the applicant. Interests in property not be subject to summary cancellation on livestock, the applicant must have owned by the applicant (such as leases default and must not contain any written documentation of the inventory that provide a mortgageable value, water provisions that are contrary to the of livestock and records of livestock rights, easements, mineral rights, and Agency’s best interests; and product sales sufficient to allow the royalties) can be offered as security for (v) The contract holder must agree in Agency to value such livestock or the loan and will be considered in writing to notify the Agency of any livestock products just prior to the loss. determining whether adequate security breach by the purchaser, and give the is available. Agency the option to rectify the § 1945.56 Interest rate. (b) Real estate loans. In the case of an conditions that amount to a breach The interest rate applicable for an Emergency loan for real estate purposes, within 30 days after the date the Agency Emergency loan will be the lower of the the loan shall be secured at a minimum receives written notice of the breach. interest rate at the time of either loan by the real estate that is being (3) Chattel security. If chattel property approval or loan closing and in no event purchased, repaired, replaced, is pledged as security for a loan the shall exceed 8 percent annually. refinanced, or improved with the loan Agency must obtain a first lien on the § 1945.57 Loan terms. funds. chattel that is being purchased, (a) Basis for repayment. The Agency (c) Chattel and production loans. In repaired, replaced, refinanced, or schedules repayment of Emergency the case of an Emergency loan for produced with the loan funds. loans based on the useful life of the loan chattel purposes (including production (e) Same security for multiple loans. security, the applicant’s repayment purposes), the loan shall be secured, at The same property may be pledged as ability, and the type of loss. a minimum, by the chattel that is being security for more than one Farm Loan (b) Minimum payment requirement. purchased, repaired, replaced, Program loan. The repayment schedule must include refinanced, or produced with the loan (f) Lack of adequate security. When at least one payment every year. funds. adequate security is not available (c) Repayment of loans for annual (d) Agency lien position because of the disaster, the loan operating expenses. Emergency loans (1) Real estate security. If real estate application may be approved if the for annual operating expenses must be is pledged as security for a loan, the Agency determines based on the plan repaid within 12 months, except the Agency must obtain a first lien, if required in paragraph (a)(1) of this Agency may extend this term to not available, on the real estate. When a first section there is a reasonable assurance more than 18 months to accommodate lien is not available, the Agency may that the applicant has the ability to the production cycle of the agricultural take a junior lien under the following repay the loan (based on an on-going commodities of the farming operation. conditions: operational basis, excluding special one- (d) Repayment of loans for production (i) The prior lien does not contain any time sources of income or expenses) or physical losses to chattel. The provision that may jeopardize the provided: repayment schedule for loans for Agency’s interest or the applicant’s (1) The applicant has pledged as production losses or physical losses to ability to repay the loan to the Agency; collateral for the loan, all available chattel (including but not limited to (ii) Prior lienholders agree to notify personal and business collateral, except assets with an expected life between 1 the Agency of acceleration and those items listed in paragraphs (h)(1) and 7 years) may not exceed 7 years. If foreclosure whenever State law or other and (h)(2) of this section; necessary to improve the repayment arrangements do not require such (2) The farm plan, approved by the ability of the loan and real estate notice; and Agency, indicates the loan will be security is available, the term of the loan (iii) The applicant must agree to repaid based upon the applicant’s may be extended up to a total length not obtain permission from the Agency production and income history; to exceed 20 years. prior to granting any additional security addresses applicable pricing risks (e) Repayment of loans for physical interests in the real estate. through the use of marketing contracts, losses to real estate. The repayment (2) Real estate held under a purchase hedging, or options and includes a schedule for loans for physical losses to contract. If the real estate offered as marketing plan or similar risk real estate is based on repayment ability security is held under a recorded management practice; and of the applicant and the useful life of purchase contract: (3) The applicant has had positive net the security, but in no case will the term (i) An applicant must provide a cash farm income in at least 1 of the past of repayment exceed 40 years. security interest in the real estate; 5 years. § 1945.58 Repayment and security (ii) An applicant and the purchase (g) Conditions for taking other assets requirements. contract holder must agree in writing as security. (a) General requirements that any insurance proceeds received to (1) Conditions. In addition to the (1) Ability to repay. The applicant compensate for real estate losses will be requirements for adequate and must submit a feasible plan that used only to replace or repair the additional security, the Agency will take demonstrates the applicant’s ability to damaged real estate; a security interest in other assets (other repay the loan. The plan must (iii) An applicant must refinance the than assets listed under the exceptions demonstrate that the applicant will meet existing purchase contract, or in paragraph (h) of this section), if all other credit needs. demonstrate that financing is not available, when: (2) Sufficient equity. An applicant available, if an acceptable contract of (i) An applicant has non-essential must have sufficient equity in the sale cannot be negotiated or the assets that are not being converted to security pledged for an Emergency loan purchase contract holder refuses to cash to reduce the loan amount; or to provide adequate security for the loan agree to apply all the insurance (ii) The real estate security and chattel except as permitted in paragraph (h) of proceeds to repair or replace the security do not provide adequate this section. The applicant must provide damaged real estate and wants to retain security for the loan. additional security, if available, not to some of the proceeds as an extra (2) List of other assets. Other assets exceed 150 percent of the loan amount. payment on the balance owed; may include:
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(i) A pledge of real estate or chattel by Agency obtains valuations of Subpart DÐ[Removed] a third party; agricultural commodities and (ii) Patents, copyrights, life insurance, equipment, such valuations shall be as 4. Subpart D is removed. stocks, other securities, and follows: Signed at Washington, DC, on August 30, membership in cooperatives, owned by (1) The security value of the annual 2000. the applicant; agricultural commodities production August Schumacher, Jr., (iii) Assets owned by an applicant (excluding livestock) is presumed to be Under Secretary for Farm and Foreign that cannot be converted to cash 100 percent of the amount loaned for Agricultural Services. without jeopardizing the farm operation; annual operating and essential family [FR Doc. 00–23226 Filed 9–11–00; 8:45 am] and household expenses; and BILLING CODE 3410±05±P (iv) Non-essential assets owned by the (2) The value of livestock and applicant with an aggregate value in equipment will be market value as excess of $5,000. determined by the Agency. (h) Exceptions to security (c) Assets damaged by the disaster. In DEPARTMENT OF TRANSPORTATION requirements. The Agency will not take the case of farm assets damaged by the Federal Aviation Administration a security interest in certain property in disaster, the value of such security shall the following situations: be established immediately before the 14 CFR Part 39 (1) The property proposed as security disaster occurred. has environmental contamination, [Docket No. 99±CE±40±AD] restrictions, or historical impact that § 1945.60 Insurance for loan security. could impair the value or expose the (a) Adequacy of insurance. An RIN 2120±AA64 Agency to potential liability; applicant must obtain insurance, (2) The Agency cannot obtain a valid consistent with this section, equal to the Airworthiness Directives; British lien on the security; lesser of the value, of the security at the Aerospace Jetstream Models 3101 and (3) An applicant’s personal residence time of the closing of the loan, or the 3201 Airplanes and appurtenances are on a parcel of principal of the loan. AGENCY: Federal Aviation (b) Hazard insurance. All security land separate and apart from that real Administration, DOT. estate being used as adequate security (except growing crops) must be covered for the loan; or by hazard insurance. ACTION: Proposed rule; Withdrawal. (4) An applicant’s other assets are (c) Flood or mudslide insurance. Real SUMMARY: This document withdraws a used for farming or for essential living estate security located in flood or notice of proposed rulemaking (NPRM) expenses and are not needed for mudslide prone areas, as determined by that would have applied to all British security purposes and may include but the Agency, must be covered by flood or Aerospace Jetstream Models 3101 and not limited to subsistence livestock, mudslide insurance. 3201 airplanes. The proposed AD would cash or special cash collateral accounts, (d) Crop insurance. have required you to revise the Airplane retirement accounts, personal vehicles, (1) Requirement to obtain crop Flight Manual (AFM) to include household goods, and small tools and insurance. Except as provided in requirements for activation of the equipment such as hand tools, power paragraph (d)(2) of this section, prior to airframe pneumatic deicing boots. The lawn mowers. the closing of the loan under this (i) Requirements for security. subpart, the applicant must have proposed AD was the result of reports (1) For loans over $25,000, title obtained at least the catastrophic risk of in-flight incidents and an accident clearance is required when real estate is protection level of crop insurance (on airplanes other than the referenced taken as security. coverage for the crop during the crop British Aerospace airplanes) that (2) For loans of $25,000 or less, when year for which the loan is sought for occurred in icing conditions where the real estate is taken as security, a each crop which is a basic part of an airframe pneumatic deicing boots were certification of ownership in real estate applicant’s total farming operation, if not activated. British Aerospace has is required. Certification of ownership such insurance is available, unless the shown the design of the affected may be in the form of an affidavit which applicant executes a written waiver of airplanes, including the language is signed by the applicant, names the any emergency crop loss assistance with currently in the AFM, is adequate to record owner of the real estate in respect to such crop. address the conditions identified in the question and lists the balances due on (2) Exception. Growing crops used to proposed AD for these airplanes. all known debts against the real estate. provide adequate security must be Therefore, AD action is not necessary to Whenever the loan approving official is covered by crop insurance if such address the conditions on these uncertain of the record owner or debts insurance is available. airplanes and we are withdrawing the against the real estate security, a title (e) Indemnities. A borrower must: NPRM. (1) List the Agency as loss payee for search is required. ADDRESSES: You may look at the insurance indemnity payment or as information related to this action at the § 1945.59 Appraisal and valuation a beneficiary of a mortgagee loss payable requirements. Federal Aviation Administration (FAA), clause; and Central Region, Office of the Regional (a) Establishing value for real estate. (2) In the case of crop insurance, Counsel, Attention: Rules Docket No. Real estate appraisals conducted execute an assignment of indemnity in 99–CE–40–AD, 901 Locust, Room 506, pursuant to this subpart may be favor or the Agency. completed by designated appraisers or Kansas City, Missouri 64106, between 8 contract appraisers and shall conform to § 1945.61 Charges and fees. a.m. and 4 p.m., Monday through the Uniform Standards of Professional The applicant must pay all filing, Friday, except holidays. Appraisal Practice guidelines and recording, notary, and lien search fees FOR FURTHER INFORMATION CONTACT: Mr. standards in accordance with part 761 necessary to process and close a loan. Larry E. Werth, Airworthiness Directive of this title. The applicant may pay or be reimbursed Coordinator, FAA, Small Airplane (b) Establishing value for agricultural for these fees from Emergency loan Directorate, 901 Locust, Room 301, commodities and equipment. When the funds. Kansas City, Missouri 64106; telephone:
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(816) 329–4147; facsimile: (816) 329– Regulatory Policies and Procedures (44 ADDRESSES: You should mail or hand 4090. FR 11034, February 26, 1979). deliver written comments and requests to speak at the hearing to Michael C. SUPPLEMENTARY INFORMATION: List of Subjects in 14 CFR Part 39 Wolfrom, Director, Tulsa Field Office, at Discussion Air transportation, Aircraft, Aviation the address listed below. safety, Safety. What action has FAA taken to date? You may review copies of the Texas We issued a proposal to amend part 39 The Withdrawal program, the amendment, a listing of of the Federal Aviation Regulations (14 Accordingly, FAA withdraws the any scheduled public hearings, and all CFR part 39) to include an AD that notice of proposed rulemaking, Docket written comments received in response would apply to all British Aerospace No. 99–CE–40–AD, published in the to this document at the addresses listed Jetstream Models 3101 and 3201 Federal Register on October 8, 1999 (64 below during normal business hours, airplanes that are equipped with FR 54811). Monday through Friday, excluding pneumatic deicing boots. The proposal holidays. You may receive one free copy was published in the Federal Register Issued in Kansas City, Missouri, on of the amendment by contacting OSM’s September 5, 2000. as an NPRM on October 8, 1999 (64 FR Tulsa Field Office. 54811). The NPRM proposed to require Michael Gallagher, Michael C. Wolfrom, Director, Tulsa revising the Limitations Section of the Manager, Small Airplane Directorate, Aircraft Field Office, Office of Surface Mining, AFM to include requirements for Certification Service. 5100 East Skelly Drive, Suite 470, Tulsa, activation of pneumatic deicing boots at [FR Doc. 00–23323 Filed 9–11–00; 8:45 am] Oklahoma 74135–6547, Telephone: the first sign of ice accumulation on the BILLING CODE 4910±13±P (918) 581–6430. airplane. Was the public invited to comment? Surface Mining and Reclamation The FAA invited interested persons to DEPARTMENT OF THE INTERIOR Division, Railroad Commission of take part in making this amendment. We Texas, 1701 North Congress Avenue, received a comment on the proposed Office of Surface Mining Reclamation Capitol Station, P. O. Box 12967, AD from British Aerospace. Our and Enforcement Austin, Texas 78711–2967, Telephone: analysis and disposition of this (512) 46–6900. 30 CFR Part 943 comment follow: FOR FURTHER INFORMATION CONTACT: Comment Disposition [SPATS No. TX±047±FOR] Michael C. Wolfrom, Director, Tulsa Field Office. Telephone: (918) 581– What is the commenter’s concern? Texas Regulatory Program 6430. Internet: British Aerospace provides data it [email protected]. believes shows the design of the affected AGENCY: Office of Surface Mining airplanes, including the language Reclamation and Enforcement, Interior. SUPPLEMENTARY INFORMATION: currently in the AFM, is adequate to ACTION: Proposed rule; public comment address the conditions identified in the period and opportunity for public I. Background on the Texas Program hearing. proposed AD for these airplanes. On February 16, 1980, the Secretary of Therefore, British Aerospace requests SUMMARY: The Office of Surface Mining the Interior conditionally approved the that FAA withdraw the NPRM. Reclamation and Enforcement (OSM) is Texas program. You can find What is FAA’s response to the announcing receipt of a proposed background information on the Texas concern? After evaluating the data that amendment to the Texas regulatory program, including the Secretary’s British Aerospace sent, we have program (Texas program) under the findings, the disposition of comments, determined the design of the affected Surface Mining Control and and the conditions of approval in the airplanes, including the language Reclamation Act of 1977 (SMCRA). February 27, 1980, Federal Register (45 currently in the AFM, is adequate to Texas proposes revisions to and FR 12998). You can find later actions address the conditions identified in the additions of regulations concerning concerning the Texas program at 30 CFR proposed AD for these airplanes. We remining, coal processing plants, and 943.10, 943.15, and 943.16. will withdraw the NPRM as British procedures for processing petitions to Aerospace requests. II. Description of the Proposed designate lands as unsuitable for Amendment The FAA’s Determination mining. Texas intends to revise its What is FAA’s final determination on program to be consistent with the By letter dated August 24, 2000 this issue? Based on the above corresponding Federal regulations. (Administrative Record No. TX–650.01), information, we have determined there This document gives the times and Texas sent us an amendment to its is no need for the NPRM, Docket No. locations that the Texas program and program under SMCRA and the Federal 99–CE–40–AD, and that we should the proposed amendment to that regulations at 30 CFR 732.17(b). Texas withdraw it. program are available for your sent the amendment in response to our Withdrawal of this NPRM does not inspection, the comment period during letter dated November 22, 1999 prevent us from issuing another notice which you may submit written (Administrative Record No. TX–650), in the future, nor will it commit us to comments on the amendment, and the that we sent to Texas under 30 CFR any course of action in the future. procedures that we will follow for the 732.17(c). The amendment also includes public hearing, if one is requested. changes made at Texas’ own initiative. Regulatory Impact DATES: We will accept written Texas proposes to amend the Texas Coal Does this AD involve a significant comments until 4 p.m., c.d.t., October Mining Regulations. Below is a rule or regulatory action? Since this 12, 2000. If requested, we will hold a summary of the changes proposed by action only withdraws a proposed AD, public hearing on the amendment on Texas. The full text of the program it is not an AD and, therefore, is not October 10, 2000. We will accept amendment is available for your covered under Executive Order 12866, requests to speak at the hearing until 4 inspection at the locations listed above the Regulatory Flexibility Act, or DOT p.m., c.d.t. on September 27, 2000. under ADDRESSES.
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1. Backfilling and Grading: General respondents, available for public review IV. Procedural Determinations Grading Requirements [§ 12.385 during regular business hours at OSM’s Executive Order 12866—Regulatory (surface) and § 12.552 (underground)] Tulsa Field Office (see ADDRESSES). Planning and Review Texas proposes to add new sections Individual respondents may request that This rule is exempted from review by that describe the backfilling and grading we withhold their home address from performance standards for previously the administrative record, which we the Office of Management and Budget mined areas. will honor to the extent allowable by under Executive Order 12866. law. There also may be circumstances in Executive Order 12630—Takings 2. Coal Processing Plants: Performance which we would withhold from the This rule does not have takings Standards [§ 12.651] administrative record a respondent’s implications. This determination is Texas proposes to add new language identity, as allowable by law. If you based on the analysis performed for the to include cross references to topsoil wish us to withhold your name and/or counterpart Federal regulations. requirements for coal processing plant address, you must state this reclamation. prominently at the beginning of your Executive Order 13132—Federalism 3. Procedures: Initial Processing, Record comment. However, we will not This rule does not have federalism Keeping and Notification Requirements consider anonymous comments. We implications. SMCRA delineates the [§ 12.80] will make all submissions from roles of the Federal and State organizations or businesses, and from a. At § 12.80(a)(1), Texas proposes to governments with regard to the change the timeframe for determining individuals identifying themselves as regulation of surface coal mining and whether an unsuitability petition is representatives or officials of reclamation operations. One of the complete from 60 days to 30 days. organizations or businesses, available purposes of SMCRA is to ‘‘establish a b. Texas proposes to remove for public inspection in their entirety. nationwide program to protect society § 12.80(a)(3) and to redesignate Public Hearing: If you wish to speak and the environment from the adverse § 12.80(a)(4) through (a)(7) as at the public hearing, contact the person effects of surface coal mining § 12.80(a)(3) through (a)(6). Texas also listed under FOR FURTHER INFORMATION operations.’’ Section 503(a)(1) of proposes to add new language to CONTACT by 4 p.m., c.d.t. on September SMCRA requires that State laws redesignated § 12.80(a)(3) to expand the 27, 2000. We will arrange the location regulating surface coal mining and definition of ‘‘frivolous petition.’’ and time of the hearing with those reclamation operations be ‘‘in c. Texas proposes to remove persons requesting the hearing. If no one accordance with’’ the requirements of § 12.80(b)(2) that deals with requests an opportunity to speak at the SMCRA, and section 503(a)(7) requires discretionary hearings on petition public hearing, the hearing will not be that State programs contain rules and completeness and to redesignate held. regulations ‘‘consistent with’’ § 12.80(b)(3) as § 12.80(b)(2). regulations issued by the Secretary To assist the transcriber and ensure an under SMCRA. III. Public Comment Procedures accurate record, we request, if possible, Under the provisions of 30 CFR that each person who speaks at a public Executive Order 12988—Civil Justice 732.17(h), we are seeking comments on hearing provide us with a written copy Reform whether the proposed amendment of his or her testimony. The public The Department of the Interior has satisfies the applicable program hearing will continue on the specified conducted the reviews required by approval criteria of 30 CFR 732.15. If we date until all persons scheduled to section 3 of Executive Order 12988 and approve the amendment, it will become speak have been heard. If you are in the has determined that, to the extent part of the Texas program. audience and have not been scheduled allowed by law, this rule meets the Written Comments: If you submit to speak and wish to do so, you will be applicable standards of subsections (a) written or electronic comments on the allowed to speak after those who have and (b) of this section. However, these proposed rule during the 30-day been scheduled. We will end the standards are not applicable to the comment period, they should be hearing after all persons scheduled to actual language of State regulatory specific, should be confined to issues speak and persons present in the programs and program amendments pertinent to the notice, and should audience who wish to speak have been since each such program is drafted and explain the reason for your heard. promulgated by a specific State, not recommendation(s). We may not be able If you are disabled and need a special OSM. Under sections 503 and 505 of to consider or include in the accommodation to attend a public SMCRA (30 U.S.C. 1253 and 1255) and Administrative Record comments hearing, contact the person listed under 30 CFR 730.11, 732.15, and delivered to an address other than the FOR FURTHER INFORMATION CONTACT. 732.17(h)(10), decisions on proposed one listed above (see ADDRESSES). State regulatory programs and program Electronic Comments: Please submit Public Meeting: If only one person amendments submitted by the States Internet comments as an ASCII, requests an opportunity to speak at a must be based solely on a determination WordPerfect, or Word file avoiding the hearing, a public meeting, rather than a of whether the submittal is consistent use of special characters and any form public hearing, may be held. If you wish with SMCRA and its implementing of encryption. Please also include ‘‘Attn: to meet with us to discuss the proposed Federal regulations and whether the SPATS NO. TX–047–FOR’’ and your amendment, you may request a meeting other requirements of 30 CFR Parts 730, name and return address in your by contacting the person listed under 731, and 732 have been met. Internet message. If you do not receive FOR FURTHER INFORMATION CONTACT. All a confirmation that we have received such meetings are open to the public National Environmental Policy Act your Internet message, contact the Tulsa and, if possible, we will post notices of Section 702(d) of SMCRA (30 U.S.C. Field Office at (918) 581–6430. meetings at the locations listed under 1292(d)) provides that a decision on a Availability of Comments: Our ADDRESSES. We will also make a written proposed State regulatory program practice is to make comments, including summary of each meeting a part of the provision does not constitute a major names and home addresses of Administrative Record. Federal action within the meaning of
VerDate 112000 08:43 Sep 11, 2000 Jkt 190000 PO 00000 Frm 00011 Fmt 4702 Sfmt 4702 E:\FR\FM\12SEP1.SGM pfrm04 PsN: 12SEP1 54984 Federal Register / Vol. 65, No. 177 / Tuesday, September 12, 2000 / Proposed Rules section 102(2)(C) of the National on any governmental entity or the signals. A cable system’s individual Environmental Policy Act (42 U.S.C. private sector. gross receipts determine the applicable 4332(2)(C)). A determination has been percentages. These percentages, and the List of Subjects in 30 CFR Part 943 made that such decisions are gross receipts limitations, are published categorically excluded from the NEPA Intergovernmental relations, Surface in 37 CFR part 256 and are subject to process (516 DM 8.4.A). mining, Underground mining. adjustment at five-year intervals. 17 U.S.C. 801(b)(2)(A) & (D). This is a Paperwork Reduction Act Dated: September 5, 2000. Malcolm Ahrens, window year for such an adjustment. This rule does not contain A cable rate adjustment is initiated by information collection requirements that Acting Regional Director, Mid-Continent the filing of a petition from a party with Regional Coordinating Center. require approval by the Office of a significant interest in the rates. The Management and Budget under the [FR Doc. 00–23378 Filed 9–11–00; 8:45 am] Library received two such petitions: Paperwork Reduction Act (44 U.S.C. BILLING CODE 4310±05±P One filed on behalf of the National 3507 et seq.). Basketball Association, the National Hockey League, Major League Baseball, Regulatory Flexibility Act LIBRARY OF CONGRESS and the National Collegiate Athletic The Department of the Interior has Association; the other filed on behalf of determined that this rule will not have Copyright Office syndicated television programmers. The a significant economic impact on a Library published a Federal Register substantial number of small entities 37 CFR Parts 201 and 256 notice seeking comment on these under the Regulatory Flexibility Act (5 [Docket No. 2000±4 CARP CRA] petitions and directed interested parties U.S.C. 601 et seq.). the State submittal to file a Notice of Intent to Participate which is the subject of this rule is based Adjustment of Cable Statutory License in a Copyright Arbitration Royalty Panel upon counterpart Federal regulations for Royalty Rates (‘‘CARP’’) proceeding. 65 FR 10564 which an economic analysis was (February 28, 2000). The Library also AGENCY: Copyright Office, Library of prepared and certification made that designated a 30-day period to negotiate Congress. such regulations would not have a a settlement as to adjustment of the significant economic effect upon a ACTION: Notice of proposed rulemaking. rates. 37 CFR 251.63(a). The Library substantial number of small entities. extended the negotiation period on two SUMMARY: The Copyright Office of the Therefore, this rule will ensure that separate occasions in Orders dated May Library of Congress is submitting for existing requirements previously 15, 2000, and June 5, 2000. The public comment a settlement proposal promulgated by OSM will be extensions proved to be successful, as for the adjustment of the royalty rates implemented by the State. In making the the Library has now received a joint for the cable statutory license. determination as to whether this rule proposal to adjust the cable royalty fees would have a significant economic DATES: Comments and Notices of Intent and the gross receipts limitations. impact, the Department relied upon the to Participate are due by October 12, When a joint proposal is received in data and assumptions for the 2000. a rate adjustment proceeding, counterpart Federal regulations. ADDRESSES: If sent by mail, an original the Librarian may, upon the request of the Small Business Regulatory Enforcement and five copies of comments and parties, submit the agreed upon rate to the Fairness Act Notices of Intent to Participate should public in a notice-and-comment proceeding. be addressed to: Copyright Arbitration The Librarian may adopt the rate embodied This rule is not a major rule under 5. Royalty Panel (CARP), P.O. Box 70977, in the proposed settlement without U.S.C. 804(2), the Small Business convening an arbitration panel, provided that Southwest Station, Washington, DC no opposing comment is received by the Regulatory Enforcement Fairness Act. 20024. If hand delivered, copies should This rule: Librarian from a party with an intent to be brought to: Office of the Copyright participate in a CARP proceeding. a. Does not have an annual effect on General Counsel, James Madison 37 CFR 251.63(b). This Federal Register the economy of $100 million. Memorial Building, Room LM–403, First b. Will not cause a major increase in notice implements the requirements of and Independence Avenue, SE., costs or prices for consumers, § 251.63(b). Washington, DC 20540. individual industries, federal, state, or FOR FURTHER INFORMATION CONTACT: II. Proposed Rates and Gross Receipts local government agencies, or Limitations geographic regions. David O. Carson, General Counsel, or c. Does not have significant adverse William J. Roberts, Jr., Senior Attorney On June 30, 2000, the Library received effects on competition, employment, for Compulsory Licenses, Copyright a joint proposal from the National Cable investment, productivity, innovation, or Arbitration Royalty Panel (CARP), P.O. Television Association; the Joint Sports the ability of U.S. based enterprises to Box 70977, Southwest Station, Claimants; the Program Suppliers; the compete with foreign-based enterprises. Washington, DC 20024. Telephone: Canadian Claimants; the Public This determination is based upon the (202) 707–8380. Telefax (202) 252–3423. Television Claimants; the National fact that the State submittal which is the SUPPLEMENTARY INFORMATION: Association of Broadcasters; Broadcast subject of this rule is based upon Music, Inc.; the American Society of I. Background counterpart Federal regulations for Composers, Authors and Publishers; which an analysis was prepared and a Section 111 of the Copyright Act, 17 SESAC, Inc.; the Devotional Claimants; determination made that the Federal U.S.C., creates a statutory license for and National Public Radio, which regulation was not considered a major cable systems that retransmit to their represent all the parties that filed a rule. subscribers over-the-air broadcast Notice of Intent to Participate in this signals. Royalty fees for this license are proceeding. The joint proposal puts Unfunded Mandates calculated as percentages of a cable forward adjustments to the cable license This rule will not impose a cost of system’s gross receipts received from royalty rates, pursuant to 17 U.S.C. $100 million or more in any given year subscribers for receipt of broadcast 801(b)(2)(A), and the gross receipts
VerDate 112000 08:43 Sep 11, 2000 Jkt 190000 PO 00000 Frm 00012 Fmt 4702 Sfmt 4702 E:\FR\FM\12SEP1.SGM pfrm04 PsN: 12SEP1 Federal Register / Vol. 65, No. 177 / Tuesday, September 12, 2000 / Proposed Rules 54985 limitations, pursuant to 17 U.S.C. accompanying Notice of Intent to 10. In § 256.2(a)(4), remove ‘‘.265’’ 801(b)(2)(D). The details of the Participate in a CARP proceeding to and add ‘‘.296’’ in its place. adjustments are as follows. adjust the cable rates and gross receipts 11. In § 256.2(b), introductory text, With respect to rates, the joint limitations. It should be understood that remove the phrase ‘‘the first semiannual proposal raises the basic (or minimum) anyone who challenges the proposed accounting period of 1985’’ and add the fee for providing broadcast stations from rules must be willing to fully participate phrase ‘‘the second semiannual .893 of 1 per centum to .956 of 1 per in a CARP proceeding and have a accounting period of 2000’’ in its place. centum of gross receipts for the significant interest in the adjustment of privilege of further transmitting any the rates. Failure to submit a Notice of 12. In § 256.2(b)(1), remove non-network programming of a primary Intent to Participate will preclude an ‘‘$146,000’’ and add ‘‘$189,800’’ in its transmitter in whole or in part beyond interested party from participating in place, and remove ‘‘$5,600’’ and add the local service area of such primary this proceeding and will preclude ‘‘$7,400’’ in its place. transmitter; the fee for the first distant consideration of his or her written 13. In § 256.2(b)(2), remove signal equivalent from .893 of 1 per challenge. Any interested party that ‘‘$146,000’’ each place it appears, and centum to .956 of 1 per centum of gross does file a Notice of Intent to Participate add ‘‘$189,800’’ in its place, and remove receipts; the fee for the second, third, will be notified as to when the CARP ‘‘$292,000’’ each place it appears and and fourth distant signal equivalent proceeding will commence and when add ‘‘$379,600’’ in its place. from .563 of 1 per centum to .630 of 1 written direct cases will be due. Dated: September 7, 2000. per centum of gross receipts; and the fee for the fifth distant signal equivalent List of Subjects David O. Carson, General Counsel. and each distant signal equivalent 37 CFR Part 201 thereafter, from .265 of 1 per centum to [FR Doc. 00–23388 Filed 9–11–00; 8:45 am] .296 of 1 per centum of gross receipts. Copyright, Procedures. BILLING CODE 1410±33±P With respect to the gross receipts 37 CFR Part 256 limitations which determine the size of Cable television, Royalties. a cable system (small, medium or large) and the royalty fee percentages that For the reasons set forth in the DEPARTMENT OF DEFENSE apply to those characterizations, the preamble, the Library proposes to joint proposal puts forward increases as amend 37 CFR parts 201 and 256 as 48 CFR Part 204 well. The gross receipts threshold for follows: determining when a cable system is a [DFARS Case 2000±D002] PART 201ÐGENERAL PROVISIONS small system would be raised from $75,800 to $98,600. Medium-sized cable 1. The authority citation for part 201 Defense Federal Acquisition systems have two methods of continues to read as follows: Regulation Supplement; Closeout of Foreign Military Sales Contract Line calculating their royalties, depending Authority: 17 U.S.C. 702. upon which side of the limitation Items threshold their gross receipts result. § 201.17 Statements of Account covering That threshold would be raised from compulsory licenses for secondary AGENCY: Department of Defense (DoD). transmissions by cable systems. $146,000 to $189,800, with the ACTION: Proposed rule; withdrawal. minimum reportable gross receipts over 2. In § 201.17(d)(2), remove $189,800 being raised from $5,600 to ‘‘$292,000’’ each place it appears and SUMMARY: DoD is withdrawing the $7,400. Finally, the gross receipts add ‘‘$379,600’’ in its place. proposed rule published at 65 FR 19865 limitation for determining a large cable 3. In § 201.17(e)(12), remove on April 13, 2000. The rule proposed system would be raised from $292,000 ‘‘$75,800’’ and add ‘‘$98,600’’ in its amendments to the contract closed out to $379,600. place. policy in the Defense Federal 4. In § 201.17(g)(2)(ii), remove ‘‘.893’’ The joint proposal establishes July 1, Acquisition Regulation Supplement to and add ‘‘.956’’ in its place. 2000, as the effective date of these rates, specify that, if a contract includes meaning that they would apply to PART 256ÐADJUSTMENT OF Foreign Military Sales (FMS) contract royalty calculations and payments made ROYALTY FEE FOR CABLE line items and non-FMS contract line by cable systems beginning with the COMPULSORY LICENSE items, the FMS line items should be second accounting period of 2000. closeout as soon as the closeout III. Proposed Rulemaking 5. The authority citation for part 256 requirements for those line items are continues to read: satisfied. This change was proposed as As noted above, the Library is Authority: 17 U.S.C. 702, 802. part of a DoD initiative to improve the publishing the terms of the joint FMS process. Public comments on the proposal as proposed amendments to § 256.2 Royalty fee for compulsory license proposed rule indicated that many parts 201 and 256 of its rules. Any party for secondary transmission by cable automated acquisition systems could who wishes to challenge these proposed systems. not accommodate this change. rules must submit its written comments 6. In § 256.2(a), introductory text, Therefore, DoD is withdrawing the to the Librarian of Congress no later remove the phrase ‘‘the first semiannual proposed rule and is exploring than close of business on October 12, accounting period of 1985’’ and add the alternative methods of expediting the 2000. The content of the written phrase ‘‘the second semiannual closeout of FMS contract line items. challenge should describe the party’s accounting period of 2000’’ in its place. interest in this proceeding, the proposed 7. In § 256.2(a)(1), remove ‘‘.893’’ and FOR FURTHER INFORMATION CONTACT: Ms. rule or rules that the party finds add ‘‘.956’’ in its place. Melissa Rider, Defense Acquisition objectionable, and the reasons for the 8. In § 256.2(a)(2), remove ‘‘.893’’ and Regulations Council, challenge. add ‘‘.956’’ in its place. OUSD(AT&L)DP(DAR), IMD 3D139, In addition, any party submitting 9. In § 256.2(a)(3), remove ‘‘.563’’ and 3062 Defense Pentagon, Washington, DC written challenges must also submit an add ‘‘.630’’ in its place. 20301–3062. Telephone (703) 602–4245;
VerDate 112000 08:43 Sep 11, 2000 Jkt 190000 PO 00000 Frm 00013 Fmt 4702 Sfmt 4702 E:\FR\FM\12SEP1.SGM pfrm04 PsN: 12SEP1 54986 Federal Register / Vol. 65, No. 177 / Tuesday, September 12, 2000 / Proposed Rules telefax (703) 602–0350. Please cite I. Background 3501, et seq., or OMB’s implementing DFARS Case 2000–D002. The AGAR implements the Federal regulation at 5 CFR Part 1320. Michele P. Peterson, Acquisition Regulation (FAR) (48 CFR D. Unfunded Mandates Reform Act chapter 1) where further Executive Editor, Defense Acquisition Title II of the Unfunded Mandates implementation is needed, and Regulations Council. Reform Act of 1995 (UMRA), Pub. L. No. [FR Doc. 00–23371 Filed 9–11–00; 8:45 am] supplements the FAR where coverage is 104–4, establishes requirements for needed for subject matter not covered by BILLING CODE 5000±04±M Federal agencies to assess the effects of the FAR. AGAR section 442.1502 their regulatory actions on State, local, currently provides that the heads of the and tribal governments and the private contracting activities are responsible for DEPARTMENT OF AGRICULTURE sector. USDA has determined that the establishing past performance proposed rule, if promulgated, would Office of Procurement and Property evaluation procedures and systems as not contain a Federal mandate. USDA Management required by FAR sections 42.1502 and has also determined that the proposed 42.1503. USDA has identified a single rule, if promulgated, would not 48 CFR Part 442 automated performance evaluation significantly or uniquely affect small system (the NIH Contractor Performance governments. Accordingly, the proposed [AGAR Case 99±02] System) to be used USDA-wide and rule is not subject to the requirements RIN 0599±AA09 proposes to modify AGAR section of Title II of UMRA. 442.1502 to identify that system and Agriculture Acquisition Regulation; specify its mandatory use by all USDA E. Executive Order 13132: Federalism Designation and Mandatory Use of contracting activities. Information about Executive Order 13132, entitled Contractor Performance System the NIH Contractor Performance System ‘‘Federalism’’ (64 FR 4325, August 10, is available on the internet at http:// 1999), imposes requirements on USDA AGENCY: Office of Procurement and ocm.od.nih.gov/cdmp/cps.htm. in the development of regulatory Property Management, USDA. II. Procedural Requirements policies that have federalism ACTION: Notice of proposed rulemaking. implications. ‘‘Policies that have A. Executive Order Nos. 12866 and federalism implications’’ is defined in SUMMARY: This document invites written 12988 the Executive Order to include comments on a proposed amendment to regulations that have ‘‘substantial direct the Department of Agriculture’s (USDA) USDA prepared a work plan for this effects on the States, on the relationship Agriculture Acquisition Regulation regulation and submitted it to the Office between the national government and (AGAR). USDA proposes to amend the of Management and Budget (OMB) the States, or on the distribution of AGAR to establish the National pursuant to Executive Order No. 12866. power and responsibilities among the Institutes of Health (NIH) Contractor OMB determined that the rule was not various levels of government.’’ Performance System as the single significant for the purposes of Executive Order No. 12866. Therefore, the rule has USDA has determined that this USDA-wide automated performance proposed rule does not have federalism evaluation system. Regulations are being not been reviewed by OMB. USDA has reviewed this rule in accordance with implications. It will not have substantial revised to identify that system and direct effects on the States, on the specify its mandatory use. Executive Order No. 12988, Civil Justice Reform. The proposed rule meets the relationship between the national DATES: Comments are requested no later applicable standards in section 3 of government and the States, or on the than November 13, 2000. Executive Order No. 12988. distribution of power and ADDRESSES: Submit written comments responsibilities among the various concerning this proposed rule to Patrice B. Regulatory Flexibility Act levels of government, as specified in K. Honda, U.S. Department of USDA reviewed this rule under the Executive Order 13132. The rule will Agriculture, Office of Procurement, Regulatory Flexibility Act, 5 U.S.C. 601– not impose substantial costs on States Property and Emergency Preparedness, 611, which requires preparation of a and localities. Accordingly, this Procurement Policy Division, Stop 9303, regulatory flexibility analysis for any proposed rule is not subject to the 1400 Independence Avenue SW, rule which is likely to have significant requirements of Executive Order 13132. Washington, DC 20250–9303. Submit economic impact on a substantial F. Executive Order 13084: Consultation electronic comments via electronic mail number of small entities. USDA certifies and Coordination With Indian Tribal to: [email protected]. Submit that this rule will not have a significant Governments comments via facsimile to: (202) 720– economic effect on a substantial number 8972. See Supplementary Information of small entities, and, therefore, no Under Executive Order 13084, section for detailed information about regulatory flexibility analysis has been entitled, ‘‘Consultation and filing of comments. prepared. However, comments from Coordination with Indian Tribal FOR FURTHER INFORMATION CONTACT: small entities concerning parts affected Governments’’ (63 FR 27655, May 14, Patrice K. Honda, (202) 720–8924. by the proposed rule will be considered. 1998), USDA may not issue a regulation that is not required by statute if that SUPPLEMENTARY INFORMATION: Such comments must be submitted separately and cite 5 U.S.C. 609 (AGAR regulation significantly or uniquely I. Background Case 99–02) in correspondence. affects the communities of Indian Tribal II. Procedural Requirements governments, and if it imposes A. Executive Order Nos. 12866 and 12988 C. Paperwork Reduction Act substantial direct compliance costs on B. Regulatory Flexibility Act No information collection or those communities, unless the Federal C. Paperwork Reduction Act D. Unfunded Mandates Reform Act recordkeeping requirements are government provides the funds E. Executive Order 13132: Federalism imposed on the public by this rule. necessary to pay the costs of compliance F. Executive Order 13084: Consultation Accordingly no OMB clearance is incurred by the tribal governments or and Coordination With Indian Tribal required by section 350(h) of the USDA consults with those tribal Governments Paperwork Reduction Act, 44 U.S.C. governments. USDA has determined
VerDate 112000 15:40 Sep 11, 2000 Jkt 190000 PO 00000 Frm 00014 Fmt 4702 Sfmt 4702 E:\FR\FM\12SEP1.SGM pfrm09 PsN: 12SEP1 Federal Register / Vol. 65, No. 177 / Tuesday, September 12, 2000 / Proposed Rules 54987 that this proposed rule does not DEPARTMENT OF COMMERCE foreign fishing permit conditions and significantly or uniquely affect the restrictions. The Capacity Committee communities of Indian Tribal National Oceanic and Atmospheric will recommend for consideration by governments and, therefore, the Administration the Groundfish Committee proposals requirements of Executive Order 13084 that will allow the transfer of fishing do not apply to this proposed rule. 50 CFR Part 648 permits, address latent (unused) days-at- sea (DAS), and allow the transfer of [I.D. 090500A] List of Subjects in 48 CFR Part 442 groundfish DAS. Acquisition regulations, Government New England Fishery Management Wednesday, September 27, 2000 contracts, Government procurement, Council; Public Meeting Procurement. The Scallop Committee’s report will AGENCY: National Marine Fisheries be presented on the second day of the For the reasons set out in the Service (NMFS), National Oceanic and Council meeting and will include a preamble, the Office of Procurement and Atmospheric Administration (NOAA), presentation of the 2000 Stock Property Management proposes to Commerce. Assessment and Fishery Evaluation amend 48 CFR Part 442 as set forth ACTION: Public meetings. (SAFE) Report on the sea scallop below: resource. The Council will also consider SUMMARY: The New England Fishery approval of initial action on the annual PART 442ÐCONTRACT Management Council (Council) will adjustment to the Atlantic Sea Scallop ADMINISTRATION hold a 3-day public meeting on Fishery Management Plan (FMP). September 26, 27, and 28, 2000, to Discussion will focus on selection of consider actions affecting New England 1. The authority citation for part 442 management alternatives. Issues may fisheries in the exclusive economic zone continues to read as follows: include, but are not limited to, DAS (EEZ). During this timeframe, the allocations, access to the Hudson Authority: 5 U.S.C. 301; 40 U.S.C. 486(c). Council’s Herring Oversight Committee Canyon and Virginia/North Carolina also will meet. 2. Revise section 442.1502 to read as closed areas, new area closures, and a DATES: The Herring Oversight follows: prohibition on shell stocking. Committee will meet on Tuesday, 442.1502 Policy. September 26 at 8:30 a.m. Following the Thursday, September 28, 2000 committee meeting, the full Council will The third day of the meeting will The Contractor Performance System meet on Tuesday, September 26 at 10:30 begin with reports on recent activities (CPS), developed by the National a.m., and on Wednesday, September 27, from the Council Chairman, Executive Institutes of Health, is designated as the and Thursday, September 28, 2000, Director, the NMFS Regional single USDA-wide system for beginning at 8:30 a.m. maintaining contractor performance/ Administrator, Northeast Fisheries ADDRESSES: The meetings will be held at Science Center and Mid-Atlantic evaluation information. Use of the CPS the Holiday Inn Express (formerly Fishery Management Council liaisons, is mandatory. As a minimum, the CPS Seaport Inn Conference Center), 110 and representatives of the Coast Guard, shall be accessed for contractor past Middle Street, Fairhaven, MA 02719; NMFS Enforcement and the Atlantic performance information as part of telephone (508) 997-1281. Requests for States Marine Fisheries Commission. proposal evaluation in accordance with special accommodations should be There will also be a report on the FAR 15.3, and information resulting addressed to the New England Fishery Northwest Atlantic Fisheries from the evaluation of contractor Management Council, 50 Water Street, Organization’s most recent meeting. The performance in accordance with FAR Mill 2, Newburyport, MA 01950; Groundfish Overfishing Definition 42.15 shall be entered into and telephone (978) 465-0492. Committee will report on its review of maintained in this system. The CPS is FOR FURTHER INFORMATION CONTACT: Paul the Council’s overfishing definitions. a part of the USDA Acquisition Toolkit J. Howard, Executive Director, New The Groundfish Committee will then which can be accessed from the USDA England Fishery Management Council, provide an update on development of Procurement Homepage at http:// (978) 465-0492. management options for Amendment 13 www.usda.gov/da/procure.html. SUPPLEMENTARY INFORMATION: to the Northeast Multispecies FMP, including a discussion of alternatives Done at Washington, D.C., this 5th day of Tuesday, September 26, 2000 September, 2000. within the status quo management The Herring Oversight Committee will option, area management option(s), and W.R. Ashworth, meet to develop recommendations for a sector allocation option. The chairman Director, Office of Procurement and Property consideration by the full Council on also will report on committee Management. herring foreign fishing permit discussions concerning rebuilding [FR Doc. 00–23187 Filed 9–11–00; 8:45 am] conditions and restrictions. schedules of overfished groundfish BILLING CODE 3410±TX±P Recommendations may be specific to a stocks. Following the Groundfish permit application already submitted by Committee discussions, there will be a Lithuania, or may be applicable to any presentation of the available skate stock subsequent permit applications received assessment and fishery information to for the 2001 fishing year (January 1, be included in the Skate SAFE Report. 2001-December 31, 2001). Following the The Skate Committee will provide its Herring Committee meeting, the Council recommendation on issues to be will swear in new and re-appointed included in a scoping document for a members, and elect 2000-2001 officers. Skate FMP. The Enforcement Committee The Herring Committee will then will provide the Council with its provide its recommendations on herring recommendations concerning a safe
VerDate 112000 17:05 Sep 11, 2000 Jkt 190000 PO 00000 Frm 00015 Fmt 4702 Sfmt 4702 E:\FR\FM\12SEP1.SGM pfrm01 PsN: 12SEP1 54988 Federal Register / Vol. 65, No. 177 / Tuesday, September 12, 2000 / Proposed Rules harbor experimental fishery that would action will be restricted to those issues final regulations in the Federal Register. allow vessels to enter Gloucester Harbor specifically listed in this notice and any Documents pertaining to framework without unloading haddock trip limit issues arising after publication of this adjustments are available for public overages. The Habitat Committee will notice that require emergency action review 7 days prior to a final vote by the ask the Council to approve a response under section 305(c) of the Magnuson- Council. to the Atlantic States Marine Fisheries Stevens Act, provided the public has Special Accommodations Commission’s request for comments on been notified of the Council’s intent to a report about gear impacts on take final action to address the This meeting is physically accessible submerged aquatic vegetation. There emergency. to people with disabilities. Requests for sign language interpretation or other will be updates on the activities of the The Council will consider public auxiliary aids should be directed to Paul Mid-Atlantic Council’s FMPs’ Research comments at a minimum of two Council J. Howard (see ADDRESSES) at least 5 Steering and Monkfish Committees. meetings before making days prior to the meeting date. After addressing any other outstanding recommendations to the NMFS Regional business, the Council will adjourn. Administrator on any framework Dated: September 7, 2000. Although other non-emergency issues adjustment to a fishery management Bruce C. Morehead, not contained in this agenda may come plan. If she concurs with the adjustment Acting Director, Office of Sustainable before this Council for discussion, those proposed by the Council, the Regional Fisheries, National Marine Fisheries Service. issues may not be the subject of formal Administrator has the discretion to [FR Doc. 00–23399 Filed 9–11–00; 8:45 am] action during this meeting. Council publish the action either as proposed or BILLING CODE 3510-22-S
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Notices Federal Register Vol. 65, No. 177
Tuesday, September 12, 2000
This section of the FEDERAL REGISTER ADDRESSES: Written user comments Regulations applicable to this contains documents other than rules or should be submitted by mail to: Policy program include the following: (a) the proposed rules that are applicable to the and Program Liaison Staff; Office of regulations governing the NRI, 7 CFR public. Notices of hearings and investigations, Extramural Programs; USDA–CSREES; part 3411, which set forth procedures to committee meetings, agency decisions and STOP 2299; 1400 Independence be followed when submitting grant rulings, delegations of authority, filing of petitions and applications and agency Avenue, S.W.; Washington, D.C. 20250– proposals, rules governing the statements of organization and functions are 2299; or via e-mail to: RFP– evaluation of proposals and the examples of documents appearing in this [email protected]. awarding of grants, and regulations relating to the post-award section. FOR FURTHER INFORMATION CONTACT: USDA/CSREES/NRI, Stop 2241, 1400 administration of grant projects; (b) the USDA Uniform Administrative Independence Ave., SW, Washington, Requirements for Grants and DEPARTMENT OF AGRICULTURE DC 20250–2241. Phone: (202) 401–5022. Agreements with Institutions of Higher E-mail: [email protected]. Cooperative State Research, Education, Hospitals, and Other Non- Education, and Extension Service SUPPLEMENTARY INFORMATION: Profit Organizations, 7 CFR part 3019; Table of Contents (c) the USDA Uniform Federal Applications for FY 2001 National Assistance Regulations, 7 CFR part Research Initiative Competitive Grants Stakeholder Input Authority and Applicable Regulations 3015; (d) the USDA Uniform Program Conflicts of Interest Administrative Requirements for Grants AGENCY: Cooperative State Research, Project Types and Eligibility Requirements and Cooperative Agreements to State Education, and Extension Service, I. Conventional Projects and Local Governments, 7 CFR part II. Agricultural Research Enhancement USDA. 3016; and (e) 7 U.S.C. 3103(17), which Awards defines ‘‘sustainable agriculture.’’ ACTION: Notice of the Availability of the Funding Categories for FY 2001 Solicitation for Applications for the Research Opportunities Conflicts of Interest Fiscal Year 2001 National Research Application Materials For the purpose of determining Initiative Competitive Grants Program, Materials Available on the Internet conflicts of interest in accordance with and Request for Stakeholder Input. Electronic Subscription to NRI Documents NRI Deadline Dates 7 CFR 3411.12, the academic and SUMMARY: This notice announces the Stakeholder Input administrative autonomy of an institution shall be determined by availability of the fiscal year (FY) 2001 CSREES is requesting comments solicitation for applications which is reference to the 2000 Higher Education regarding the FY 2001 NRI solicitation Directory, published by Higher titled the ‘‘NRI Program Description’’ for for applications from any interested the National Research Initiative (NRI) Education Publications, Inc., 6400 party. In your comments, please include Arlington Boulevard, Suite 648, Falls Competitive Grants Program the name of the program and the fiscal Church, Virginia 22042. Phone: (703) administered by the Competitive year solicitation for applications to 532–2305. Research Grants and Awards which you are responding. These Management Division, Cooperative State comments will be considered in the Project Types and Eligibility Research, Education, and Extension development of the next solicitation for Requirements Service (CSREES). The solicitation applications for the program. Such The FY 2001 NRI program solicitation invites applications for competitive comments will be used in meeting the solicits proposals for the following types grant awards in agricultural, forest, and requirements of section 103(c)(2) of the of projects: related environmental sciences for FY Agricultural Research, Extension, and 2001. Education Reform Act of 1998, 7 U.S.C. I. Conventional Projects By this notice, CSREES also requests 7613(c). Comments should be submitted (a) Standard Research Grants: input regarding the FY 2001 NRI as provided for in the ‘‘Addresses’’ and Research will be supported that is program solicitation from any interested ‘‘Dates’’ portions of this notice. The e- fundamental or mission-linked, and that party. These comments will be mail address in the ‘‘Addresses’’ portion is conducted by individual considered in the development of the is intended only for receiving comments investigators, co-investigators within the next solicitation for applications for this regarding the FY 2001 NRI program same discipline, or multidisciplinary program. Such comments will be used solicitation, and not for requesting teams. Any State agricultural in meeting the requirements of section information or forms. experiment station, college, university, 103(c)(2) of the Agricultural Research, other research institution or Extension, and Education Reform Act of Authority and Applicable Regulations organization, Federal agency, national 1998. The authority for this program is laboratory, private organization, DATES: Proposals must be postmarked contained in 7 U.S.C. 450i(b). Under corporation, or individual may apply. on or before the dates provided in the this program, subject to the availability Proposals submitted by non-United table at the end of this notice. of funds, the Secretary may award States organizations will not be User comments are requested within competitive research grants, for periods considered for support. six months from the issuance of this not to exceed five years, for the support (b) Conferences: Scientific meetings notice. Comments received after that of research projects to further the that bring together scientists to identify date will be used to the extent programs of the United States research needs, update information, or practicable. Department of Agriculture (USDA). advance an area of research are
VerDate 112000 16:45 Sep 11, 2000 Jkt 190000 PO 00000 Frm 00001 Fmt 4703 Sfmt 4703 E:\FR\FM\12SEN1.SGM pfrm01 PsN: 12SEN1 54990 Federal Register / Vol. 65, No. 177 / Tuesday, September 12, 2000 / Notices recognized as integral parts of research Vermont Scripps Research Institute efforts. Any State agricultural West Virginia Stanford University experiment station, college, university, Wyoming State University of New York at Stony other research institution or For FY 2001, other USDA-EPSCoR Brook organization, Federal agency, national entities consist of the following: Thomas Jefferson University laboratory, private organization, American Samoa Tufts University corporation, or individual is an eligible District of Columbia Tulane University applicant in this area. Proposals Guam University Corporation for Atmospheric submitted by non-United States Micronesia Research organizations will not be considered for Northern Marianas University of Alabama Birmingham support. Puerto Rico University of Arizona Virgin Islands University of California Berkeley II. Agricultural Research Enhancement University of California Davis Awards Investigators at small and mid-sized University of California Irvine institutions (total enrollment of 15,000 To contribute to the enhancement of University of California Los Angeles or less) may also be eligible for research capabilities in the research University of California San Diego Strengthening Awards. An institution in program areas described herein, the FY University of California San Francisco this instance is an organization that 2001 NRI program solicitation solicits University of California Santa Barbara possesses a significant degree of applications for Agricultural Research University of Chicago autonomy. Significant degree of Enhancement Awards. Such University of Cincinnati autonomy is defined by being applications may be submitted by any University of Colorado Boulder independently accredited as determined State agricultural experiment station, University of Colorado Health Sciences by reference to the 2000 Higher college, university, other research Center Education Directory, published by institution or organization, Federal University of Florida Higher Education Publications, Inc., agency, national laboratory, private University of Georgia 6400 Arlington Boulevard, Suite 648, organization, corporation, or individual; University of Illinois Urbana- Falls Church, Virginia 22042. Phone: however, further eligibility Champaign (703) 532–2305. requirements are defined in 7 CFR University of Illinois Chicago Institutions which are among the most 3411.3 and restated in the FY 2001 NRI University of Iowa successful universities and colleges for program solicitation, which is titled the University of Maryland Baltimore receiving Federal funds for science and ‘‘NRI Program Description.’’ University of Maryland College Park engineering research, except those in Applications submitted by non-United University of Massachusetts Medical USDA EPSCoR entities, are ineligible for States organizations will not be School Worcester strengthening awards. The top 100 considered for support. However, University of Medicine and Dentistry of institutions for receiving these funds, United States citizens applying as New Jersey excluding those in USDA EPSCoR individuals for Postdoctoral University of Miami entities, are as follows: Fellowships may perform all or part of University of Michigan Ann Arbor University of Minnesota Twin Cities the proposed work at a non-United Baylor College of Medicine University of Missouri Columbia States organization. Agricultural Boston University University of North Carolina Chapel Hill Research Enhancement Awards are California Institute of Technology University of Oklahoma available in the following categories: Carnegie-Mellon University University of Pennsylvania (a) Postdoctoral Fellowships. Case Western Reserve University Colorado State University University of Pittsburgh (b) New Investigator Awards. Columbia University University of Rochester (c) Strengthening Awards: Institutions Cornell University University of Southern California in USDA Experimental Program for CUNY Mount Sinai School of Medicine University of Texas at Austin Stimulating Competitive Research Duke University University of Texas Health Science (EPSCoR) entities are eligible for Emory University Center Houston strengthening awards. 7 CFR 3411.2(o) Florida State University University of Texas Health Science sets forth how EPSCoR entities are Georgia Institute of Technology Center San Antonio determined. For FY 2001, USDA Harvard University University of Texas MD Anderson EPSCoR states consist of the following: Indiana University Purdue University at Cancer Center Alaska Indianapolis University of Texas Medical Branch Arkansas Johns Hopkins University Galveston Connecticut Massachusetts Institute of Technology University of Texas SW Medical Center Delaware Medical College of Wisconsin Dallas Hawaii Michigan State University University of Utah Idaho New York University University of Virginia Kentucky North Carolina State University University of Washington Maine Northwestern University University of Wisconsin Madison Mississippi Ohio State University Utah State University Montana Oregon Health Sciences University Vanderbilt University Nevada Oregon State University Virginia Polytechnic Institute and State New Hampshire Pennsylvania State University University New Mexico Princeton University Virginia Commonwealth University North Dakota Purdue University Wake Forest University Rhode Island Rockefeller University Washington University South Carolina Rutgers, The State University of New Wayne State University South Dakota Jersey Woods Hole Oceanographic Institute
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Yeshiva University, New York Research Opportunities titled the ‘‘NRI Program Description,’’ See 7 CFR 3411.3 and the FY 2001 The funds appropriated as listed and a copy of the NRI Application Kit. NRI program solicitation for complete above will be used to support research The NRI Program Description and the details on programs and eligibility. grants in the following areas: NRI Application Kit contain the information and materials necessary to Funding Categories for FY 2001 NATURAL RESOURCES AND THE prepare and submit a proposal. The FY The FY 2001 NRI program solicitation ENVIRONMENT 2001 NRI program solicitation, which solicits proposals, subject to the Plant Responses to the Environment contains research topic descriptions, availability of funds, for support of high Ecosystem Science and the NRI Application Kit, which priority research of importance to Soils and Soil Biology contains detailed instructions on how to agriculture, forestry, and related Watershed Processes and Water apply and the requisite forms, are environmental sciences, in the Resources available through the NRI home page, following research categories www.reeusda.gov/nri. CSREES NUTRITION, FOOD SAFETY, AND encourages the use of these electronic (ANTICIPATED FY 2001 (FY01) funding HEALTH and ACTUAL FY 2000 (FY00) funding, documents. However, if necessary, rounded to the $0.1M, follows in Improving Human Nutrition for Optimal paper copies of these application parentheses): Health materials may be obtained by sending Food Safety an e-mail with your name, complete • Natural Resources and the Epidemiological Approaches for Food mailing address (not e-mail address), Environment (FY01: $19.1M, FY00. Safety phone number, and materials that you $19.1M) are requesting to [email protected]. • ANIMALS Nutrition, Food Quality, and Health Materials will be mailed to you (not e- (FY01: $14.9M, FY00. $14.9M) Animal Reproduction mailed) as quickly as possible. • Plant Systems (FY01: $38.2M, Animal Growth and Nutrient Utilization Alternatively, paper copies may be FY00: $38.2M). Animal Genome and Genetic obtained by writing or calling the office • Animal Systems (FY01: $27.0M, Mechanisms indicated below. FY00: $27.0M). Animal Genome: Basic Reagents and Proposal Services Unit, Office of • Markets, Trade, and Policy (FY01: Tools Extramural Programs, Cooperative $4.3M, FY00: $4.3M). Animal Health and Well-Being State Research, Education, and • New Products and Processes (FY01: BIOLOGY AND MANAGEMENT OF Extension Service, U.S. Department of $7.6M, FY00: $7.6M). PESTS AND BENEFICIAL ORGANISMS Agriculture, STOP 2245, 1400 Support for research opportunities Independence Ave., SW, Washington, Entomology and Nematology listed below may be derived from one or D.C. 20250–2245, Telephone: (202) Biologically Based Pest Management more of the above funding categories 401–5048. Biology of Plant-Microbe Associations based on the nature of the scientific Biology of Weedy and Invasive Plants Materials Available on the Internet topic to be supported. In addition, the funds described above may be used to PLANTS The following are among the materials available on the NRI home page fund proposals submitted to Plant Genome (www.reeusda.gov/nri). supplementary NRI solicitations and/or Plant Genetic Mechanisms solicitations for multiagency programs Plant Growth and Development NRI Program Description in which the NRI is participating. Plant Biochemistry The FY 2001 NRI program solicitation Pursuant to 7 U.S.C. 450i(b)(10), no is titled the ‘‘NRI Program Description.’’ less than 10 percent (FY01: $11.1M, MARKETS, TRADE, AND RURAL This document is available on the FY00: $11.1M) of the available funds DEVELOPMENT internet for the current fiscal year, and listed above will be made available for Markets and Trade describes NRI funding programs. To Agricultural Research Enhancement Rural Development apply for a grant, it is necessary to Awards (excluding New Investigator ENHANCING VALUE AND USE OF obtain both the FY 2001 NRI program Awards), and no more than 2 percent AGRICULTURAL AND FOREST solicitation (the FY 2001 ‘‘NRI Program (FY01: $2.2M, FY00: $2.2M) of the PRODUCTS Description’’) and the NRI Application available funds listed above will be Kit. made available for equipment grants. Value-Added Products Research Further, no less than 30 percent (FY01: Food Characterization/Process/Product NRI Application Kit Research $33.4M, FY00: $33.4M) of the funds This document contains guidelines Non-Food Characterization/Process/ listed above shall be made available for for proposal preparation and the Product Research grants for research to be conducted by requisite forms. multidisciplinary teams, and no less Improved Utilization of Wood and than 40 percent (FY01: $44.5M, FY00: Wood Fiber NRI Abstracts of Funded Research $44.5M) of the funds listed above shall AGRICULTURAL SYSTEMS The abstracts available on this be made available for grants for mission- RESEARCH (integrated, searchable database are nontechnical linked systems research. multidisciplinary research on abstracts written by the principal CSREES is prohibited from paying agricultural systems) investigator of each individual grant, indirect costs exceeding 19 per centum starting with FY 1993. Each entry also of the total Federal funds provided Application Materials includes the title, principal under each award on competitively This notice does not constitute the FY investigator(s), awardee institution, awarded research grants (7 U.S.C. 3310). 2001 NRI program solicitation. Those dollar amount, and proposal number for An alternative method of calculation of wishing to apply for a grant under this each grant. The first two digits of the this limitation is to multiply total direct program should obtain a copy of the FY proposal number indicate the fiscal year costs by 23.456 percent. 2001 NRI program solicitation, which is in which the proposal was submitted.
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NRI Annual Report containing an announcement regarding deadlines within the NRI. To be The NRI Annual Reports starting with the document’s availability on the NRI considered for funding in any fiscal FY 1995 are available. These reports home page. year, proposals must be transmitted by include descriptions of the program To subscribe: the date listed below (as indicated by concept, the authorization, policy, Send an e-mail message to: postmark or date on courier bill of inputs to establish research needs, [email protected] lading). When the deadline date falls on program execution, and outcomes, In the body of the message, include a weekend or Federal holiday, including relevant statistics. Also only the words: subscribe nri-epubs transmission must be made by the included are examples of recent To unsubscribe: following business day. Send an e-mail message to: research funded by the NRI. Programs offered in any fiscal year [email protected] Electronic Subscription to NRI In the body of the message, include depend on availability of funds and Documents only the words: unsubscribe nri-epubs deadlines may be delayed due to The NRI has set up a mailserver Please note that this is not a forum. unforeseen circumstances. Consult the which will notify subscribers when Messages, other than those related to pertinent NRI notice in the Federal publications such as its Program subscription, cannot be posted to this Register, the NRI Program Description, Description or Abstracts of Funded address. or the NRI home page Research are available electronically on (www.reeusda.gov/nri) for up-to-date the World Wide Web. Subscribers will NRI Deadline Dates information. not receive the document itself, but The following fixed dates have been instead will receive an e-mail established for proposal submission
Postmarked dates and program codes Program Areas
November 15: 22.1 ...... Plant Responses to the Environment. 23.0 ...... Ecosystem Science. 25.0 ...... Soils and Soil Biology. 26.0 ...... Watershed Processes and Water Resources. 31.0 ...... Improving Human Nutrition for Optimal Health. 51.9 ...... Biology of Weedy and Invasive Plants. 80.1 ...... Research Career Enhancement Awards. 80.2 ...... Equipment Grants. 80.3 ...... Seed Grants. 100.0 ...... Agricultural Systems. December 15: 52.1 ...... Plant Genome. 52.2 ...... Plant Genetic Mechanisms. 53.0 ...... Plant Growth and Development. 61.0 ...... Markets and Trade. 62.0 ...... Rural Development. 71.1 ...... Food Characterization/Process/Product Research. 71.2 ...... Non-Food Characterization/Process/Product Research. January 15: 32.0 ...... Food Safety. 32.1 ...... Epidemiological Approaches for Food Safety. 41.0 ...... Animal Reproduction. 44.0 ...... Animal Health and Well-Being. 51.2 ...... Entomology and Nematology. 51.7 ...... Biologically Based Pest Management. 51.8 ...... Biology of Plant-Microbe Associations. 73.0 ...... Improved Utilization of Wood and Wood Fiber. February 15: 42.0 ...... Animal Growth and Nutrient Utilization. 43.0 ...... Animal Genome and Genetic Mechanisms. 43.1 ...... Animal Genome: Basic Reagents and Tools. 54.3 ...... Plant Biochemistry.
Done at Washington, D.C., this 5 day of DEPARTMENT OF AGRICULTURE Alabama, U.S. Department of September 2000. Agriculture. Natural Resources Conservation Charles W. Laughlin, ACTION: Notice of availability of Service Administrator, Cooperative State Research, proposed changes in Section IV of the Education, and Extension Service. Notice of Proposed Change to Section FOTG of the NRCS in Alabama for [FR Doc. 00–23369 Filed 9–11–00; 8:45 am] IV of the Field Office Technical Guide review and comment. BILLING CODE 3410±22±P (FOTG) of the Natural Resources Conservation Service in Alabama SUMMARY: It is the intention of NRCS in Alabama to issue conservation practice AGENCY: Natural Resources standards: Conservation Service (NRCS) in Filter Strip—Code 393
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Nutrient Management—Code 590 days before the scheduled date of the Background Waste Utilization—Code 633 meeting. This review covers sales of PTFE resin DATES: Comments will be received until The meeting will be conducted made during the POR by Ausimont October 12, 2000. pursuant to the provisions of the rules SpA/Ausimont USA (Ausimont). On and regulations of the Commission. FOR FURTHER INFORMATION CONTACT: May 10, 2000, the Department Inquire in writing to Robert N. Jones, Dated at Washington, DC, September 5, published the preliminary results of this State Conservationist, Natural Resources 2000. review. See Notice of Preliminary Conservation Service (NRCS), 3381 Lisa M. Kelly, Results of Antidumping Duty Skyway Drive, P.O. Box 311, Auburn, Special Assistant to the Staff Director, Administrative Review: AL 36830. Copies of the practice Regional Programs Coordination Unit. Polytetrafluoroethylene Resin from standards will be made available upon [FR Doc. 00–23276 Filed 9–11–00; 8:45 am] Italy, 65 FR 30064 (May 10, 2000) (Preliminary Results). We invited written request. BILLING CODE 6335±01±P parties to comment on the Preliminary SUPPLEMENTARY INFORMATION: Section Results. On June 12, 2000, we received 343 of the Federal Agriculture case briefs from Ausimont and the Improvement and Reform Act of 1996 DEPARTMENT OF COMMERCE petitioner, E.I. DuPont de Nemours & states that revisions made after Company (DuPont). On June 19, 2000, enactment of the law to NRCS State International Trade Administration we received rebuttal briefs from technical guides used to carry out Ausimont and DuPont. highly erodible land and wetland provisions of the law shall be made [A±475±703] Scope of the Review available for public review and Notice of Final Results of Antidumping The product covered by this review is comment. For the next 30 days the Duty Administrative Review: Granular granular PTFE resin, filled or unfilled. NRCS in Alabama will receive Polytetrafluoroethylene Resin From This order also covers PTFE wet raw comments relative to the proposed Italy polymer exported from Italy to the changes. Following that period a United States. See Granular determination will be made by the AGENCY: Import Administration, Polytetrafluoroethylene Resin from NRCS in Alabama regarding disposition International Trade Administration, Italy; Final Affirmative Determination of of those comments and a final Department of Commerce. Circumvention of Antidumping Duty determination of change will be made. Order, 58 FR 26100 (April 30, 1993). EFFECTIVE DATE: September 12, 2000. Dated: August 31, 2000. This order excludes PTFE dispersions in FOR FURTHER INFORMATION CONTACT: J.B. Chaffin, water and fine powders. During the Magd Zalok or Charles Riggle, Group II, period covered by this review, the Assistant State Conservationist, Natural Office 5, Import Administration, Resources Conservation Service, Auburn, subject merchandise was classified International Trade Administration, under item number 3904.61.00 of the Alabama. U.S. Department of Commerce, 14th [FR Doc. 00–23363 Filed 9–9–00; 8:45 am] Harmonized Tariff Schedule of the Street and Constitution Avenue, NW., United States (HTS). We are providing BILLING CODE 3410±16±M Washington, DC 20230; telephone: (202) this HTS number for convenience and 482–4162, (202) 482–0650, respectively. Customs purposes only. The written The Applicable Statute and Regulations description of the scope remains COMMISSION ON CIVIL RIGHTS dispositive. Unless otherwise indicated, all Agenda and Notice of Public Meeting citations to the statute are references to Fair Value Comparisons of the Hawaii Advisory Committee the provisions effective January 1, 1995, We calculated constructed export the effective date of the amendments price (CEP) and normal value (NV) Notice is hereby given, pursuant to made to the Tariff Act of 1930 (the Act) based on the same methodology used in the provisions of the rules and by the Uruguay Round Agreements Act the preliminary results, except for regulations of the U.S. Commission on (URAA). In addition, unless otherwise corrections to the calculation of CEP Civil Rights, that a meeting of the indicated, all citations to the profit. See our response to Comment 2 Hawaii Advisory Committee to the Department of Commerce (the in the September 5, 2000, Commission will convene at 8:00 a.m. Department) regulations refer to the memorandum: Issues and Decision and adjourn at 8:00 p.m. on Friday, regulations codified at 19 CFR Part 351 Memorandum for the Final Results in September 29, 2000, at the Hilton (April 1999). the 1998/1999 Antidumping Duty Hawaiian Village, 2005 Kalia Road, Administrative Review of Granular SUMMARY: On May 10, 2000, the Honolulu, Hawaii 96815–1999. The Polytetrafluoroethylene Resin from Italy Department of Commerce published the purpose of the factfinding, one day open (Decision Memorandum), as well as the preliminary results of its administrative meeting is to discuss the impact of the September 5, 2000, Analysis review of the antidumping duty order Rice vs. Cayetano Supreme Court Memorandum for Ausimont S.p.A. decision on the State of Hawaii. on granular polytetrafluoroethylene Persons desiring additional resin (PTFE resin) from Italy. This Analysis of Comments Received information, or planning a presentation review covers one producer/exporter of All issues raised in the case and to the Committee, should contact Philip subject merchandise. The period of rebuttal briefs by parties to this Montez, Director of the Western review (POR) is August 1, 1998, through administrative review are addressed in Regional Office, 213–894–3437 (TDD July 31, 1999. Based on our analysis of the September 5, 2000, Decision 213–894–3435). Hearing-impaired comments received, these final results Memorandum, which is hereby adopted persons who will attend the meeting differ from the preliminary results. The by this notice. Attached to this notice as and require the services of a sign final results are listed below in the an appendix is a list of the issues which language interpreter should contact the section ‘‘Final Results of Review.’’ parties have raised and to which we Regional Office at least ten (10) working SUPPLEMENTARY INFORMATION: have responded in the Decision
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Memorandum. Parties can find a In addition, a complete version of the Final Results of Review complete discussion of all issues raised Decision Memorandum can be accessed As a result of our review, we in this review and the corresponding directly on the Web at www.ia.ita.doc. determine that the following percentage recommendations in this public The paper copy and electronic version weighted-average margin exists for the memorandum which is on file in Room of the Decision Memorandum are period August 1, 1998, through July 31, B–099 of the main Commerce building. identical in content. 1999:
Margin Manufacturer/exporter Period (percent)
Ausimont S.p.A ...... 08/01/98±07/31/99 0.72
The Department shall determine, and antidumping duties prior to liquidation DEPARTMENT OF COMMERCE the Customs Service shall assess, of the relevant entries during this antidumping duties on all appropriate review period. Failure to comply with International Trade Administration entries. In accordance with 19 CFR this requirement could result in the [A±428±802; A±475±802; A±599±802; A± 351.212(b)(1), we have calculated Secretary’s presumption that 588±807] importer-specific assessment rates by reimbursement of antidumping duties dividing the dumping margin found on occurred, and in the subsequent Revocation of the Antidumping Duty the subject merchandise examined by assessment of double antidumping Orders on Industrial Belts From the entered value of such merchandise. duties. Germany, Italy, Singapore, and Japan We will direct the Customs Service to assess antidumping duties by applying This notice also is the only reminder AGENCY: Import Administration, the assessment rate to the entered value to parties subject to administrative International Trade Administration, of the merchandise. protective order (APO) of their Department of Commerce Furthermore, the following deposit responsibility concerning the return or ACTION: Notice of revocation of requirements will be effective for all destruction of proprietary information antidumping duty orders on industrial shipments of the subject merchandise disclosed under APO in accordance belts from Germany, Italy, Singapore, entered, or withdrawn from warehouse, with 19 CFR 353.34(d). Timely written and Japan. for consumption on or after the notification of the return/destruction of publication date of these final results of APO materials or conversion to judicial SUMMARY: On December 30, 1999, the administrative review, as provided by protective order is hereby requested. Department of Commerce (‘‘the Department’’), pursuant to sections section 751(a) of the Act: (1) For Failure to comply with the regulations Ausimont, the cash deposit rate will be 751(c) and 752 of the Tariff Act of 1930, and the terms of an APO is a as amended (‘‘the Act’’), determined the rate listed above; (2) for sanctionable violation. This merchandise exported by manufacturers that revocation of the antidumping duty determination is issued and published orders on industrial belts from or exporters not covered in this review in accordance with sections 751(a)(1) but covered in a previous segment of Germany, Italy, Singapore, and Japan and 777(i)(1) of the Act. this proceeding, the cash deposit rate would be likely to lead to continuation will continue to be the company- This determination is issued and or recurrence of dumping. See Final specific rate published in the most published in accordance with sections Results of Expedited Sunset Reviews: recent final results in which that 751(a)(1) and 777(i)(1) of the Act. Industrial Belts from Germany, Italy, Singapore, and Japan (‘‘Final Results’’), manufacturer or exporter participated; Dated: September 5, 2000. (3) if the exporter is not a firm covered 64 FR 73511 (December 30, 1999). On Troy H. Cribb, in this review or in any previous August 30, 2000, the International Trade segment of this proceeding, but the Acting Assistant Secretary for Import Commission (’’the Commission’’), manufacturer is, the cash deposit rate Administration. pursuant to section 751(c) of the Act, determined that revocation of the above will be that established for the Appendix manufacturer of the merchandise in antidumping duty orders on industrial these final results of review or in the List of Comments in the Issues and belts from Germany, Italy, Singapore, most recent final results in which that Decision Memorandum: and Japan would not be likely to lead to manufacturer participated; and (4) if 1. Application of the Special Rule for continuation or recurrence of material neither the exporter nor the Value Added Merchandise; and injury to an industry in the United manufacturer is a firm covered in this 2. CEP Profit Calculation. States within a reasonably foreseeable time. See Certain Industrial Belts from review or in any previous segment of [FR Doc. 00–23392 Filed 9–11–00; 8:45 am] this proceeding, the cash deposit rate Germany, Italy, Japan, and Singapore will be 46.46 percent, the ‘‘all others’’ BILLING CODE 3510±DS±P (‘‘ITC Final Results’’), 65 FR 52785 rate established in the less-than-fair- (August 30, 2000). Therefore, pursuant value investigation (50 FR 26019, June to 19 CFR 351.222(i)(1), the Department 24, 1985). These deposit requirements is publishing this notice of the shall remain in effect until publication revocation of the antidumping duty of the final results of the next orders on industrial belts from administrative review. Germany, Italy, Singapore, and Japan. This notice also serves as a final EFFECTIVE DATE: January 1. 2000. reminder to importers of their FOR FURTHER INFORMATION CONTACT: responsibility to file a certificate Kathryn B. McCormick or James regarding the reimbursement of Maeder, Office of Policy for Import
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Administration, International Trade closed loops) belts, or in belting in as a result, the products covered by the Administration, U.S. Department of length or links.2 The antidumping duty orders became classifiable under Commerce, 14th Street and Constitution order on imports from Singapore HTSUS numbers 3626.90.55, Ave., NW., Washington, D.C. 20230; includes industrial V-Belts used for 3926.90.56, 3926.90.57, 3926.90.59, telephone: (202) 482–1930 or (202) 482– power transmission. These include 3926.90.60, 4010.21.30, 4010.21.60, 3330, respectively. industrial V-belts, in part or wholly of 4010.22.30, 4010.22.60, 4010.23.30, SUPPLEMENTARY INFORMATION rubber or plastic, and containing textile 4010.23.41, 4010.23.45, 4010.23.50, fiber (including glass fiber) or steel wire, 4010.23.90, 4010.24.30, 4010.24.41, Background cord or strand, and whether in endless 4010.24.45, 4010.24.50, 4010.24.90, On June 1, 1999, the Department (i.e., closed loops) belts, or in belting in 4010.29.10, 4010.29.20, 4010.29.30, initiated (64 FR 73511), and the lengths or links.3 The antidumping duty 4010.29.41, 4010.29.45, 4010.29.50, Commission instituted (64 FR 29342), order on imports from Japan covers 4010.29.90, 5910.00.10, 5910.00.90, and sunset reviews of the antidumping duty industrial V-belts and synchronous belts 7326.20.00.6 U.S. Customs officials orders on industrial belts from and other industrial belts, in part or confirmed the accuracy of the HTSUS Germany, Italy, Singapore, and Japan. wholly of rubber or plastic, and numbers for subject merchandise As a result of its reviews, the containing textile fiber (including glass suggested by Gates.7 However, the above Department found that revocation of the fiber) or steel wire, cord or strand, and HTSUS and TSUSA subheadings are antidumping duty orders would likely whether in endless (i.e., closed loops) provided for convenience and customs lead to continuation or recurrence of belts, or in belting in lengths or links.4 purposes only and the written dumping, and notified the Commission The above orders exclude conveyor description remains dispositive. of the magnitude of the margins were belts and automotive belts as well as The Department has made the the orders revoked. front engine drive belts found on On August 30, 2000, the Commission following scope rulings for the orders on equipment powered by internal imports from Germany, Italy, and Japan: determined, pursuant to section 751(c) combustion engines, including trucks, of the Act, that revocation of the tractors, buses and lift trucks. With respect to the order on subject antidumping duty orders on industrial The subject merchandise was imports from Germany, the belts from Germany, Italy, Singapore, classifiable under Tariff Schedules of Department’s sole administrative review and Japan would not be likely to lead to the United States Annotated (‘‘TSUSA’’) clarified that the scope of the order continuation or recurrence of material item numbers 358.0210, 358.0290, includes round belts and flat belts (56 injury to an industry in the United 358.0610, 358.0690, 358.0800, 358.0900, FR 9672, March 7, 1991). Additionally, States within a reasonably foreseeable 358.1100, 358.1400, 358.1600, 657.2520, the Department determined in a 1991 time. See ITC Final Results, 65 FR 773.3510, and 773.3520 in the orders for scope ruling that the scope of the order 48733 (August 9, 2000), and USITC all four countries. Currently, subject includes nylon core flat belts and Publication 3341 (August 2000), merchandise is classifiable under item excludes spindle belting.8 Investigation Nos. 731–TA–413–415 and numbers 3926.90.55, 3926.90.56, With respect to the order on subject 419 (Review). 3926.90.57, 3926.90.59, 3926.90.60, imports from Italy, the Department, in Scope of the Orders 4010.10.10, 4010.10.50, 4010.91.11, the February 24, 1993, Scope Ruling, 4010.91.15, 4010.91.19, 4010.91.50, determined that ‘‘Panther’’ industrial The merchandise covered by the 4010.99.11, 4010.99.15, 4010.99.19, antidumping duty order on Germany belts from Pirelli Power Corp. are within 4010.99.50, 5910.00.10, 5910.00.90, and includes industrial belts other than V- the scope of the order (58 FR 11209). 7326.20.00 of the Harmonized Tariff belts and synchronous belts used for With respect to the order on subject Schedule of the United States power transmission, in part or wholly of imports from Japan, the Department has (‘‘HTSUS’’).5 made several scope rulings. The rubber or plastic, and containing textile In its substantive response, The Gates following products were determined to fiber (including glass fiber) or steel wire, Rubber Company (’’Gates’’) asserts that be within the scope of the order: cord or strand, and whether in endless the HTSUS subheading of Chapter 40 (i.e., closed loops) belts, or in belting in were significantly revised in 1996, and, lengths or links from Germany and 6 According to Gates, subject merchandise from Japan.1 The antidumping duty order on Germany excludes item numbers 3926.90.55, 2 See Antidumping Duty Order of Sales at Less imports from Italy covers industrial V- 4010.21.30, 4010.21.60, 4010.22.30, 4010.22.60, Than Fair Value; Industrial Belts and Components 4010.23.30, 4010.23.41, 4010.23.45, 4010.23.50, belts and synchronous belts and and Parts Thereof, Whether Cured or Uncured, 4010.23.90, 4010.24.30, 4010.24.41, 4010.24.45, From Italy, 54 FR 25313 (June 14, 1989). components used for power 4010.24.50, 4010.24.90, 4010.29.10, and 4010.29.20 transmission, in part or wholly of rubber 3 See Antidumping Duty Order of Sales at Less Than Fair Value; Industrial Belts and Components (see July 1, 1999, Substantive Response of Gates at or plastic, and containing textile fiber and Parts Thereof, Whether Cured or Uncured, 3); and subject merchandise from Singapore (including glass fiber) or steel wire, cord From Singapore, 54 FR 25315 (June 14, 1989). excludes item numbers 3926.90.56, 3926.90.57, or strand, and whether in endless (i.e., 4 See Industrial Belts and Components and Parts 3926.90.59, 4010.23.30, 4010.23.41, 4010.23.45, Thereof, Whether Cured or Uncured, From Japan; 4010.23.50, 4010.23.90, 4010.24.30, 4010.24.41, 1 See Antidumping Duty Order of Sales at Less Final Results of Antidumping Duty Administrative 4010.24.45, 4010.24.50, 4010.24.90, 4010.29.30, Than Fair Value; Industrial Belts and Components Review, 60 FR 39929 (August 4, 1995). 4010.29.41, 4010.29.45, 4010.29.50, 4010.29.90 for and Parts Thereof, Whether Cured on Uncured, 5 Subject merchandise from Germany excludes imports (see July 1, 1999, Substantive Response of From the Federal Republic of Germany, 54 FR item numbers 3926.90.55, 4010.10.10, and Gates at 3). 25316 (March 17, 1991), and Antidumping Duty 4010.10.50; subject merchandise from Singapore 7 See December 23, 1999, Memo to File of excludes item numbers 3926.90.56, 3926.90.57, Order of Sales at Less Than Fair Value; Industrial telephone conversation with George Barthes, U.S. Belts and Components and Parts Thereof, Whether 3926.90.59, 3926.90.60, 4010.91.11, 4010.91.15, Customs official, regarding new HTSUS numbers Cured or Uncured, From Japan, 54 FR 25314 (June 4010.91.19, 4010.99.11, 4010.99.15, 4010.99.19, and 14, 1989). 4010.99.50. for industrial belts. 8 See Scope Rulings, 56 FR 57320 (November 8, 1991).
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Product within scope Importer Citation
V-volt model 5L118 ...... Japan Freight Consolidators (Calif.), Inc ...... 57 FR 16602 (May 7, 1992). Closed loop synthetic timing belt used in the Tower Group International, Inc. and Epson 58 FR 47124 (Sept. 7, 1993). Epson LX±800 desk-top personal computer America, Inc. printer.
The following products were determined to be not within the scope of the order:
Product outside scope Importer Citation
59011 series of belts ...... Kawasaki Motors Corp., USA ...... 57 FR 19692 (May 7, 1992). Certain round and flat belts which are com- Matsushita Electric Corp., Matsushita Floor 57 FR 57420 (December 4, 1992). posed of rubber or plastics but are not rein- Care Company and Panasonic Company. forced with a tensile member. Conveyor Belts of five-series comprised of 30 Nitta Industries Corp., and Nitta International, 58 FR 59991 (Nov. 12, 1993). models. Inc. Eight-drive and blade belts ...... Honda Power Equipment Manufacturing Inc ... 62 FR 30569 (June 4, 1997). Twenty-two drive and blade belts ...... American Honda Motor Co ...... 62 FR 30569 (June 4, 1997).
Determination ACTION: Revocation of antidumping duty order would likely lead to continuation As a result of the determination by the order: Industrial nitrocellulose from or recurrence of dumping and notified Commission that revocation of the Yugoslavia. the Commission of the magnitude of the antidumping duty orders on industrial margin likely to prevail were the order SUMMARY: Pursuant to section 751(c) of belts from Germany, Italy, Singapore, revoked. See Final Results of Expedited the Tariff Act of 1930, as amended (‘‘the Sunset Review: Industrial Nitrocellulose and Japan would not be likely to lead to Act’’), the United States International From Yugoslavia, 64 FR 57852 (October continuation or recurrence of material Trade Commission (‘‘the Commission’’) 27, 1999). injury to an industry in the United determined that revocation of the States, pursuant to section 751(d)(2) of antidumping duty order on industrial On August 30, 2000, the Commission the Act, the Department hereby orders nitrocellulose from Yugoslavia is not determined, pursuant to section 751(c) the revocation of the antidumping duty likely to lead to continuation or of the Act, that revocation of the orders on industrial belts from recurrence of material injury to an antidumping duty order on industrial Germany, Italy, Singapore, and Japan. industry in the United States within a nitrocellulose from Yugoslavia would The Department will instruct the reasonably foreseeable time. See 65 FR not be likely to lead to continuation or Customs Service to discontinue 52786 (August 30, 2000). Therefore, recurrence of material injury to an suspension of liquidation and collection pursuant to section 751(d)(2) of the Act industry in the United States within a of cash deposits, and to refund any cash and 19 CFR 351.222(i)(1), the reasonably foreseeable time. See deposits collected, on entries of subject Department of Commerce (‘‘the merchandise entered or withdrawn from Industrial Nitrocellulose From Brazil, Department’’) is revoking the China, France, Germany, Japan, Korea, warehouse on or after January 1, 2000 antidumping duty order on industrial (the effective date). The Department will the United Kingdom, and Yugoslavia 65 nitrocellulose from Yugoslavia. FR 52786 (August 30, 2000), and USITC complete any pending administrative Pursuant to section 751(c)(6)(A) of the reviews of these orders and will conduct Publication 3342, Inv. No. 731–TA–96 Act and 19 CFR 351.222(i)(2), the (Review) (August 2000). administrative reviews of subject effective date of revocation is January 1, merchandise entered prior to the 2000. Scope effective date of revocation in response EFFECTIVE DATE: January 1, 2000. to appropriately filed requests for The merchandise subject to this review. FOR FURTHER INFORMATION CONTACT: antidumping duty order is industrial Dated: September 6, 2000. Martha V. Douthit or James P. Maeder, nitrocellulose from Yugoslavia. Office of Policy for Import Troy H. Cribb, Industrial nitrocellulose is a dry, white, Administration, International Trade amorphous synthetic chemical with a Acting Assistant Secretary for Import Administration, U.S. Department of Administration. nitrogen content between 10.8 and 12.2 Commerce, 14th Street and Constitution percent, and is produced from the [FR Doc. 00–23396 Filed 9–11–00; 8:45 am] Avenue, NW., Washington, DC 20230; reaction of cellulose with nitric acid. BILLING CODE 3510±DS±P telephone: (202) 482–5050 or (202) 482– 3330, respectively. Industrial nitrocellulose is used as a film-former in coatings, lacquers, SUPPLEMENTARY INFORMATION: DEPARTMENT OF COMMERCE furniture finishes, and printing inks. Background The scope of this order does not include International Trade Administration On June 1, 1999, the Department explosive grade nitrocellulose, which [A±479±801] initiated, and the Commission has a nitrogen content greater than 12.2 percent. Industrial nitrocellulose is Revocation of Antidumping Duty instituted, a sunset review (64 FR 29261 and 64 FR 29344) of the antidumping currently classifiable under Harmonized Order: Industrial Nitrocellulose From Tariff Schedule (‘‘HTS’’) item number Yugoslavia duty order on industrial nitrocellulose from Yugoslavia pursuant to section 3912.20.00. The HTS item number is AGENCY: Import Administration, 751(c) of the Act. As a result of its provided for convenience and customs International Trade Administration, review, the Department found that purposes only. The written description Department of Commerce. revocation of the antidumping duty remains dispositive.
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Determination and the United Kingdom (‘‘UK’’) is injury to an industry in the United As a result of the determination by the likely to lead to continuation or States within a reasonably foreseeable Commission that revocation of this recurrence of dumping. See 64 FR time. See Industrial Nitrocellulose From antidumping duty order would not be 57854, 57859, 57843, 57845, 57847, Brazil, France, Germany, Japan, Korea, likely to lead to continuation or 57857, 57850 (October 27, 1999). China, and the United Kingdom, 65 FR recurrence of material injury to an On August 30, 2000, the International 52786 (August 30, 2000) and USITC industry in the United States, pursuant Trade Commission (‘‘the Commission’’), Publication 3342, Investigation Nos. to section 751(d)(2) of the Act and 19 pursuant to section 751(c) of the Act, 731–TA–96 and 439–445 (Review) CFR 351.222(i)(1), the Department determined that revocation of the (August 2000). hereby orders the revocation of the antidumping duty orders on industrial Scope of the Orders antidumping duty order on industrial nitrocellulose from Brazil, France, Germany, Japan, Korea, the PRC, and nitrocellulose from Yugoslavia. The product covered by these Pursuant to section 751(c)(6)(A) of the the UK would be likely to lead to continuation or recurrence of material antidumping duty orders is industrial Act and 19 CFR 351.222(i)(2), this nitrocellulose from Brazil, France, revocation is effective January 1, 2000. injury to an industry in the United States within a reasonably foreseeable Germany, Japan, Korea, the PRC, and The Department will instruct the U.S. the UK. Industrial nitrocellulose is a Customs Service to discontinue time. See 65 FR 52786 (August 30, dry, white, amorphous synthetic suspension of liquidation and collection 2000). Therefore, pursuant to 19 CFR chemical with a nitrogen content of cash deposits on entries of the subject 351.218(f)(4), the Department is between 10.8 and 12.2 percent, and is merchandise entered or withdrawn from publishing notice of continuation of the warehouse on or after January 1, 2000 antidumping duty orders on industrial produced from the reaction of cellulose (the effective date). The Department will nitrocellulose from Brazil, France, with nitric acid. Industrial complete any pending administrative Germany, Japan, Korea, the PRC, and nitrocellulose is used as a film-former in reviews of this order and will conduct the UK. coatings, lacquers, furniture finishes, administrative reviews of subject EFFECTIVE DATE OF CONTINUATION: and printing inks. The scope of these merchandise entered prior to the September 12, 2000. orders does not include explosive grade effective date of revocation in response FOR FURTHER INFORMATION CONTACT: nitrocellulose which has a nitrogen to appropriately filed requests for Martha V. Douthit or James P. Maeder, content greater than 12.2 percent. review. Office of Policy for Import Industrial nitrocellulose is currently Dated: September 6, 2000. Administration, International Trade classifiable under Harmonized Tariff Administration, U.S. Department of Schedule (‘‘HTS’’) item number Troy H. Cribb, Commerce, 14th Street and Constitution 3912.20.00. The HTS item number is Acting Assistant Secretary for Import Ave., NW., Washington, DC 20230; Administration. provided for convenience and customs telephone: (202) 482–5050 or (202) 482– [FR Doc. 00–23395 Filed 9–11–00; 8:45 am] purposes only. The written description 3330, respectively. remains dispositive. BILLING CODE 3510±DS±P SUPPLEMENTARY INFORMATION: Determination Background DEPARTMENT OF COMMERCE On June 1, 1999, the Department As a result of the determination by the Department and the Commission that International Trade Administration initiated, and the Commission instituted, sunset reviews (64 FR 64 FR revocation of the antidumping duty [A±351±804, A±427±009, A±428±803, A±588± 29261 and 64 FR 29344 ) of the orders would be likely to lead to 812, A±580±805, A±570±802, A±412±803] antidumping duty orders on industrial continuation or recurrence of dumping nitrocellulose from Brazil, France, and material injury to an industry in the Continuation of Antidumping Duty United States, pursuant to section Orders: Industrial Nitrocellulose From Germany, Japan, Korea, the PRC, and the UK pursuant to section 751(c) of the 751(d)(2) of the Act and 19 CFR Brazil, France, Germany, Japan, Korea, 351.222(i)(1), the Department hereby the People's Republic of China, and Act. See 64 FR 57854, 57859, 57843, orders the continuation of the the United Kingdom 57845, 57847, 57857, 57850 (October 27, 1999). As a result of its reviews, the antidumping duty orders on industrial AGENCY: Import Administration, Department found on October 27, 1999, nitrocellulose from Brazil, France, International Trade Administration, that revocation of the antidumping duty Germany, Japan, Korea, the PRC, and Department of Commerce. orders on industrial nitrocellulose from the UK. ACTION: Notice of continuation of Brazil, France, Germany, Japan, Korea, The Department will instruct the U.S. antidumping duty orders: Industrial the PRC, and the UK would likely lead Customs Service to continue to collect to continuation or recurrence of nitrocellulose from Brazil, France, antidumping duty deposits at the rates dumping and notified the Commission Germany, Japan, Korea, the People’s in effect at the time of entry for all of the magnitude of the margins likely Republic of China, and the United imports of subject merchandise. The Kingdom. to prevail were the orders revoked. See 64 FR 57854, 57859, 57843, 57845, effective date of continuation of these SUMMARY: On October 27, 1999, the 57847, 57857, 57850 (October 27, 1999). orders will be the date of publication in Department of Commerce (‘‘the On August 30, 2000, the Commission the Federal Register of this notice. Department’’), pursuant to sections determined, pursuant to section 751(c) Pursuant to section 751(c)(2) and 751(c) and 752 of the Tariff Act of 1930, of the Act, that revocation of the 751(c)(6) of the Act, the Department as amended (‘‘the Act’’), determined antidumping duty orders on industrial intends to initiate the next five-year that revocation of the antidumping duty nitrocellulose from Brazil, France, review of the orders on industrial orders on industrial nitrocellulose from Germany, Japan, Korea, the PRC, and nitrocellulose from Brazil, France, Brazil, France, Germany, Japan, Korea, the UK would be likely to lead to Germany, Japan, Korea, the PRC, and the People’s Republic of China (‘‘PRC’’), continuation or recurrence of material the UK not later than August 2005.
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Dated: September 6, 2000. Agreements Act (URAA). In addition, United States (HTSUS) under item Troy H. Cribb, unless otherwise indicated, all citations numbers: 7304.21.30.00, 7403.21.60.00, Acting Assistant Secretary for Import to the Department’s regulations are 7304.29.10.10, 7304.29.10.20, Administration. references to the provisions codified at 7304.29.10.30, 7304.29.10.40, [FR Doc. 00–23397 Filed 9–11–00; 8:45 am] 19 CFR part 351 (1999). 7304.29.10.50, 7304.29.10.60, 7304.29.10.80, 7304.29.20.10, BILLING CODE 3510±DS±P Background 7304.29.20.20, 7304.29.20.30, The Department published a final 7304.29.20.40, 7304.29.20.50, DEPARTMENT OF COMMERCE determination of sales at less than fair 7304.29.20.60, 7304.29.20.80, value for OCTG from Mexico on June 7304.29.30.10, 7304.29.30.20, International Trade Administration 28, 1995 (60 FR 33567), and 7304.29.30.30, 7304.29.30.40, [A±201±817] subsequently published the 7304.29.30.50, 7304.29.30.60, antidumping duty order on August 11, 7304.29.30.80, 7304.29.40.10, Oil Country Tubular Goods From 1995 (60 FR 41056). The Department 7304.29.40.20, 7304.29.40.30, Mexico: Preliminary Results of published a notice of ‘‘Opportunity to 7304.29.40.40, 7304.29.40.50, Antidumping Duty Administrative Request an Administrative Review’’ of 7304.29.40.60, 7304.29.40.80, Review and Notice of Intent Not To the antidumping duty order for the 7304.29.50.15, 7304.29.50.30, Revoke in Part 1998/1999 review period on August 11, 7304.29.50.45, 7304.29.50.60, 1999 (64 FR 43649). Respondents 7304.29.50.75, 7304.29.60.15, AGENCY: Import Administration, TAMSA and Hylsa requested that the 7304.29.60.30, 7304.29.60.45, International Trade Administration, Department conduct an administrative 7304.29.60.60, 7304.29.60.75, Department of Commerce. review of the antidumping duty order 7305.20.20.00, 7305.20.40.00, ACTION: Notice of preliminary results of on OCTG from Mexico. On August 31, 7305.20.60.00, 7305.20.80.00, antidumping duty administrative review 1999, Hylsa and TAMSA submitted 7306.20.10.30, 7306.20.10.90, and intent not to revoke in part. timely requests that the order be 7306.20.20.00, 7306.20.30.00, revoked in part with respect to Hylsa 7306.20.40.00, 7306.20.60.10, SUMMARY: In response to requests from and TAMSA, respectively. We initiated two respondents, the Department of 7306.20.60.50, 7306.20.80.10, and this review on September 24, 1999. See Commerce (the Department) is 7306.20.80.50. 64 FR 53318 (October 1, 1999). Although the HTSUS subheadings are conducting an administrative review of Under section 751(a)(3)(A) of the Act, provided for convenience and customs the antidumping duty order on oil the Department may extend the purposes, our written description of the country tubular goods (OCTG) from deadline for issuing a preliminary scope of this proceeding is dispositive. Mexico. This review covers two determination in an administrative The Department has determined that manufacturers and exporters of the review if it determines that it is not couplings, and coupling stock, are not subject merchandise, Tubos de Acero de practicable to complete the preliminary within the scope of the antidumping Mexico, S.A. de C.V. (TAMSA) and review within the statutory time limit of order on OCTG from Mexico. See Letter Hylsa S.A. de C.V. (Hylsa). The period 245 days. On March 14, 2000, the to Interested Parties; Final Affirmative of review (POR) is August 1, 1998, Department published a notice of Scope Decision, August 27, 1998. through July 31, 1999. We preliminarily extension of the time limit for the Duty Absorption determine that sales have not been made preliminary results in this case to below normal value (NV). If these August 30, 2000. See Extension of Time On November 1, 1999, a petitioner preliminary results are adopted in our Limit: Oil Country Tubular Goods from (North Star Steel Ohio) requested that final results of administrative review, Mexico; Antidumping Administrative the Department determine, with respect we will instruct U.S. Customs to assess Review, 65 FR 13716 (March 14, 2000). to TAMSA, whether antidumping duties antidumping duties based on the had been absorbed during the POR. difference between export price (EP) or Period of Review Section 751(a)(4) of the Act provides for constructed export price (CEP) and NV. The review covers the period August the Department, if requested, to Interested parties are invited to 1, 1998 through July 31, 1999. The determine during an administrative comment on these preliminary results. Department is conducting this review in review initiated two or four years after EFFECTIVE DATE: September 12, 2000. accordance with section 751 of the Act. the publication of the order, whether FOR FURTHER INFORMATION CONTACT: antidumping duties have been absorbed Scope of the Review Phyllis Hall (TAMSA), Dena Aliadinov by a foreign producer or exporter, if the (Hylsa), or Linda Ludwig, Enforcement Imports covered by this review are oil subject merchandise is sold in the Group III, Office 8, Import country tubular goods, hollow steel United States through an affiliated Administration, International Trade products of circular cross-section, importer. Because TAMSA sold to the Administration, U.S. Department of including oil well casing, tubing, and United States through an importer that Commerce, 14th Street and Constitution drill pipe, of iron (other than cast iron) is affiliated within the meaning of Avenue, N.W., Room 7866, Washington, or steel (both carbon and alloy), whether section 751(a)(4) of the Act, and because DC 20230; telephone (202) 482-1398, seamless or welded, whether or not this review was initiated four years after (202) 482–2667, or (202) 482–3833, conforming to American Petroleum the publication of the order, we will respectively. Institute (API) or non-API make a duty absorption determination specifications, whether finished or in this segment of the proceeding. The Applicable Statute unfinished (including green tubes and Because we have preliminarily Unless otherwise indicated, all limited service OCTG products). This determined that there are no dumping citations to the Tariff Act of 1930, as scope does not cover casing, tubing, or margins for TAMSA with respect to its amended (the Act) are references to the drill pipe containing 10.5 percent or U.S. sales, we also preliminarily provisions effective January 1, 1995, the more of chromium. The OCTG subject to determine that there is no duty effective date of the amendments made this order are currently classified in the absorption. As our analysis of the to the Act by the Uruguay Round Harmonized Tariff Schedule of the dumping margin may be modified in
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Any such information will be continues to be that respondent not sell In analyzing normal commercial considered by the Department if we at less than normal value for at least activities characteristic of TAMSA, we determine in our final results that there three consecutive years and that, during examined its sales of merchandise to the are dumping margins on certain U.S. those years, respondent exported subject United States during the period covered sales. merchandise to the United States in by the antidumping investigation commercial quantities.’’ (emphasis (annualized), and the second, third and Intent Not To Revoke added) Amended Regulation fourth administrative reviews. TAMSA’s Section 351.222 of the Department’s Concerning the Revocation of actual sales volume for these periods, on regulations requires, inter alia, that a Antidumping and Countervailing Duty which the Department has based this company requesting revocation submit Orders, 64 FR 51236, 51237 (September decision, is proprietary. However, based the following: (1) A certification that the 22, 1999) (Amended Revocation on ranged (i.e., approximate) quantities company has sold the subject Regulations). For purposes of in the public version of TAMSA’s merchandise at not less than NV in the revocation, the Department must be able second supplemental response, TAMSA current review period and that the to determine that past margins reflect a made very limited sales in the United company will not sell at less than NV company’s normal commercial activity. States, totaling approximately 51 metric in the future; (2) a certification that the Sales during the POR which, in the tons of subject merchandise during the company sold the subject merchandise aggregate, are an abnormally small twelve month period covered by the in commercial quantities in each of the quantity do not provide a reasonable fourth administrative review.1 By three years forming the basis of the basis for determining that the discipline contrast, during the period covered by receipt of such a request; and (3) an of the order is no longer necessary to the antidumping investigation, which agreement that the order will be offset dumping. As the Department has was only six months long, TAMSA reinstated if the company is previously stated, the commercial made sales totaling approximately subsequently found to be selling the quantities requirement is a threshold 11,000 metric tons.2 In other words, subject merchandise at less than fair matter. See e.g., Pure Magnesium From TAMSA’s sales for the entire year value. Id. at 351.222(e)(i). Thus, in Canada; Final Results of Antidumping covered by the fourth review period determining whether a requesting party Duty Administrative Review and were only 0.23 percent of its sales is entitled to a revocation inquiry, the Determination Not to Revoke Order in volume during the annualized period Department must determine that the Part, 64 FR 50489, 50490 (September 17, covered by the investigation. Similarly, party received a zero or de minimis 1999). Thus, a party must have TAMSA made only a few sales of margins for three years forming the basis meaningfully participated in the subject merchandise in the United for the request. 19 CFR 351.222(e)(1). marketplace in order to substantiate the States during both the second and third See, e.g., Notice of Final Results of need for further inquiry regarding administrative reviews, totaling Antidumping Duty Administrative whether continued imposition of the approximately 110 metric tons and 130 Review and Determination Not to order is warranted. metric tons respectively.3 In other Revoke the Antidumping Duty Order: On August 31, 1999, TAMSA and words, TAMSA sales in the second and Brass Sheet and Strip From the Hylsa each submitted a request, in third reviews were only 0.5 percent and Netherlands, 65 FR 742, 743 (January 6, accordance with 19 CFR 351.222 (e)(1), 0.59 percent, respectively. Therefore, 2000). that the Department revoke the order the number of sales and total sales Additionally, in determining whether covering OCTG from Mexico with volume is so small in the U.S. market, a requesting party is entitled to a respect to their sales of this both in absolute terms and in revocation inquiry, the Department merchandise. The requests for comparison with the period of must be able to determine that the revocation were accompanied by investigation, that we cannot reasonably company has continued to participate certifications from both TAMSA and conclude that the zero margins TAMSA meaningfully in the U.S. market during Hylsa that they had not sold the subject received are reflective of the company’s each of the three years at issue. See Pure merchandise at less than NV for a three- normal commercial experience. Magnesium From Canada; Preliminary year period, including this review In making a determination with Results of Antidumping Administrative period, and would not do so in the respect to revocation based on an Review and Notice of Intent Not To future. absence of dumping, the Department Revoke Order in Part (Pure Magnesium must consider ‘‘whether the continued From Canada), 63 FR 26147, 26149 (May Hylsa application of the antidumping order is 12, 1998). This practice has been We have preliminarily determined a otherwise necessary to offset dumping.’’ codified by § 351.222(e) where a party weighted-average margin of 1.47 percent requesting a revocation review is for Hylsa in the current review period. 1 TAMSA’s second supplemental response required to certify that they have sold The margin calculated during the (ranged values, public version) in the current administrative review of OCTG from Mexico (May the subject merchandise in commercial current review period constitutes one of 17, 2000 at Exhibit A29). quantities. See also § 351.222(d)(1) of the three consecutive reviews cited by 2 TAMSA’s second supplemental response the Department’s regulations, which Hylsa to support its request for (ranged values, public version) in the current state that, ‘‘before revoking an order or revocation. Consequently, we administrative review of OCTG from Mexico (May terminating a suspended investigation, preliminarily find that Hylsa does not 17, 2000 at Exhibit A29). 3 TAMSA’s second supplemental response the Secretary must be satisfied that, qualify for revocation of the order under (ranged values, public version) in the current during each of the three (or five) years, section 351.222(b) of the Department’s administrative review of OCTG from Mexico (May there were exports to the United States regulations. Therefore, we have not 17, 2000 at Exhibit A29).
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See 19 CFR 351.222(b)(1) (B) and (C) as Fair Value Comparisons subject merchandise is first sold (or amended in Amended Revocation To determine whether sales of OCTG agreed to be sold) in the United States Regulations, 64 FR at 51236. The ability from Mexico to the United States were before or after the date of importation by to sell to the United States market made at less than fair value, we or for the account of the producer or during three sequential years without compared the EP or CEP to the NV, as exporter of such merchandise or by a dumping is normally deemed to be described in the ‘‘Export Price and seller affiliated with the producer or probative as to a company’s future Constructed Export Price’’ and ‘‘Normal exporter, to a purchaser not affiliated pricing practices. However, this Value’’ sections of this notice, below. In with the producer or exporter. approach assumes that the company accordance with section 777A (d)(2) of In its response to the Department, continues to participate meaningfully in the Act, we calculated monthly TAMSA claimed that its sales to the the U.S. market during that period. In weighted-average prices for NV and United States were EP sales. However, this case, the three years in question are compared these to individual U.S. we reclassified the U.S. sales as CEP characterized by a negligible number transactions. sales because the subject merchandise and volume of sales by TAMSA to the We have used the date of invoice as was first sold to an unaffiliated U.S. market; therefore, the fact that the date of sale for all home market sales purchaser by a U.S. affiliate of TAMSA TAMSA made these sales without made by TAMSA during the POR. For (Siderca) after importation into the dumping does not have the same U.S. sales made by TAMSA, we have United States. Siderca receives the probative value it would otherwise used the date of shipment, which purchase order from the unaffiliated have. In light of this fact, we corresponds to date of invoice, as the U.S. customer, confirms the purchase preliminarily find that TAMSA did not date of sale. For U.S. sales made by order with a sales acknowledgment, meaningfully participate in the Hylsa, we have used the reported invoices the unaffiliated U.S. customer, marketplace for purposes of qualifying purchase order date as the date of sale. and receives payment. Moreover, sales for a revocation inquiry and thus, Although the Department generally uses through Siderca are made through because it has not sold the subject invoice date as the date of sale, section transactions in which Siderca takes title merchandise for three years in 351.401(i) of the Department’s to the merchandise prior to making the commercial quantities within the regulations stipulates that ‘‘the sale to the U.S. customer. Based upon meaning of 351.222(e), does not qualify Secretary may use a date other than the its analysis, the Department has for a revocation inquiry. See Analysis date of invoice if the Secretary is preliminarily determined to treat Memorandum for TAMSA, dated satisfied that a different date better TAMSA’s U.S. sales as CEP sales, as August 30, 2000. reflects the date on which the exporter defined in section 772(b) of the Act. We based CEP on the delivered price Verification or producer establishes the material to unaffiliated customers in the United As provided in section 782(i) of the terms of sale.’’ The agreed-upon price for Hylsa’s U.S. sales does not change States. We made adjustments, where Act, we verified information provided applicable, for movement expenses by both Hylsa and TAMSA (sales and after the purchase order is issued; therefore, we determined that the (foreign and U.S. inland freight, foreign cost) using standard verification and U.S. brokerage, handling expenses, procedures, including on-site inspection purchase order date most accurately reflects the point in time at which the ocean freight, insurance, and U.S. of the manufacturer’s facilities and the customs duties), credit expenses, and examination of the relevant sales and parties reached final agreement as to the material terms of the sale. See Analysis indirect selling expenses that were financial records. associated with economic activity in the Our verification results are outlined Memorandum for Hylsa, dated August 30, 2000. United States. Finally, we made an in the public versions of the verification adjustment for CEP profit in accordance reports. See Sales Verification Report Export Price and Constructed Export with section 772(d)(3) of the Act. dated August 30, 2000 and Cost Price Verification Report dated August 28, Normal Value 2000 for Hylsa and Sales Verification Hylsa In order to determine whether there Report dated August 30, 2000 and Cost We calculated EP in accordance with were sufficient sales of OCTG in the Verification Report dated August 24, section 772(a) of the Act, because the home market (HM) to serve as a viable 2000 for TAMSA. subject merchandise was sold directly to basis for calculating NV, we compared the first unaffiliated purchaser in the Product Comparisons the volume of home market sales of United States prior to importation. We subject merchandise to the volume of In accordance with section 771(16) of based EP on packed prices to subject merchandise sold in the United the Act, we considered all products unaffiliated customers in the United States, in accordance with section produced by the respondents, covered States. Where appropriate, we made 773(a)(1)(C) of the Act. by the descriptions in the ‘‘Scope of the deductions from the starting price for Review’’ section of this notice, supra, foreign inland freight, foreign brokerage Hylsa and sold in the home market during the and handling, U.S. brokerage and Hylsa reported that it had no viable POR, to be a foreign like product for handling, and U.S. customs duties. home or third country market during the purposes of determining appropriate POR. Therefore, in accordance with product comparisons to U.S. sales. TAMSA section 773(a)(4) of the Act, we based Where there were no sales of identical Section 772(a) of the Act states that NV for Hylsa on CV. In accordance with merchandise in the home market to EP is the price at which the subject section 773(e)(1) of the Act, we compare to U.S. sales, we compared merchandise is first sold (or agreed to be calculated CV based on the sum of the U.S. sales to the next most similar sold) before the date of importation by costs of materials; labor; overhead; foreign like product on the basis of the the producer or exporter of the subject selling, general & administrative (SG&A) characteristics listed in the merchandise outside of the United expenses; profit; interest expenses; and Department’s October 4, 1999 States to an unaffiliated purchaser in the U.S. packing costs. questionnaire, or to constructed value United States. Section 772(b) of the Act We relied on Hylsa’s submitted CV, (CV). states that CEP is the price at which the except in the following specific
VerDate 112000 16:45 Sep 11, 2000 Jkt 190000 PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 E:\FR\FM\12SEN1.SGM pfrm01 PsN: 12SEN1 Federal Register / Vol. 65, No. 177 / Tuesday, September 12, 2000 / Notices 55001 instances. (See Constructed Value from the exporter to the importer. For by TAMSA to PEMEX. We then sought Calculation Adjustments for the CEP, it is the level of the constructed to determine whether these sales to Preliminary Determination, sale from the exporter to the importer. PEMEX were made at the same level of Memorandum from Gina Lee to Neal To determine whether NV sales are at trade as TAMSA’s sales to the United Halper, August 30, 2000). a different LOT than EP or CEP sales, we States. To determine whether TAMSA’s 1. We revised Hylsa’s CV data to examine stages in the marketing process CEP and NV sales were at the same include the minor corrections presented and selling functions along the chain of LOT, we compared the CEP sales to the to us at verification. distribution between the producer and PEMEX HM sales in accordance with 2. We revised Hylsa’s general and the unaffiliated customer. If the the methodology discussed above. administrative (G&A) rate to be based on comparison market sales are at a Our analysis of the stages in the the 1999 financial statements instead of different LOT, and the difference affects marketing process indicates that the the POR financial data. We added price comparability, as manifested in a sales to the United States were made at extraordinary expenses which related to pattern of consistent price differences a different point in the chain of bonuses as well as the 1999 exchange between the sales on which NV is based distribution than the relevant sales to gains and losses (EGL) related to and comparison market sales at the LOT PEMEX. Whereas the sales to PEMEX purchases. We also deducted packing of the export transaction, we make an were made to the end user, TAMSA’s expenses from the cost of goods sold LOT adjustment under section U.S. sales, for which we have (COGS) denominator. 773(a)(7)(A) of the Act. Finally, for CEP constructed an export price, were made 3. We adjusted Hylsa’s financial sales, if the NV level is more remote to a distributor (Siderca). Therefore, the expense rate to be based on the 1999 from the factory than the CEP level and Department analyzed the different financial statements instead of the POR there is no basis for determining selling functions and services which financial data of Alfa, S.A. de C.V., whether the differences in the levels TAMSA provided to these two Hylsa’s parent company. We also between NV and CEP affects price customers. deducted packing expenses from the comparability, we adjust NV under We requested information concerning COGS denominator. section 773(A)(7)(B) of the Act (the CEP the selling functions associated with 4. We used the profit rate from Hylsa’s offset provision). (See, e.g., Notice of sales in each market for TAMSA. In tubular products division for purposes Final Determination of Sales at Less addition to the standard selling of calculating the CV. See below. Than Fair Value: Certain Cut-to-Length functions that TAMSA provided to all In this case, because Hylsa did not Carbon Steel Plate from South Africa, 62 home market customers, such as have a viable home market or third FR 61731 (November 19, 1997). inventory maintenance, technical country market for this product, we advice, and others, TAMSA provides based Hylsa’s profit and indirect selling Hylsa other services on a just-in-time basis to expenses on the following methodology. Because NV for Hylsa is based on CV, PEMEX. Provision of these services In accordance with section the level of trade is that of the sales from requires staff dedicated to administering 773(e)(2)(B)(iii) of the Act, we which we derive SG&A expenses and the just-in-time agreements, and entails calculated indirect selling expenses profit used in the CV calculations. We certain expenses for TAMSA. Such incurred and profit realized by the derived profit and indirect selling expenses include provisions and producer based on the sale of expenses from Hylsa’s tubular products expenditures for breach of contract, merchandise of the same general types division submitted financial sheets salaries and overhead for extra as the exports in question. Specifically, worksheets, which we examined at personnel to administer the just-in-time we based our profit calculations and verification. agreements, and other costs. These indirect selling expenses on the income We compared EP sales to home expenses and selling functions do not statement of Hylsa’s tubular products market sales of the tubular products exist for TAMSA’s sales to the United division, a general pipe division that division to determine whether they States. See Analysis Memorandum for produces OCTG and like products. were made at the same LOT. To perform TAMSA dated August 30, 2000 for this analysis, we compared the selling further discussion. Based on this TAMSA functions performed by Hylsa on its EP analysis, we preliminarily determine TAMSA’s aggregate volume of HM sales to the functions performed on its that TAMSA’s home market sales to sales of the foreign like product was home market sales in the tubular PEMEX and its CEP sales were made at greater than five percent of its respective products division. We found that the different LOTs. aggregate volume of U.S. sales of the selling functions performed for U.S. Section 773(a)(7)(B) of the Act directs subject merchandise. Therefore, for customers of OCTG did not vary from us to make an adjustment for differences TAMSA, we have based NV on HM those performed for the home market in LOTs where such differences affect sales. customers of the tubular products price comparability. Where such an division. Consequently, the Department adjustment is not feasible, and the home Level of Trade preliminary determines that a LOT market LOT is more advanced than the In accordance with section adjustment is not appropriate for CEP LOT, the Department must make a 773(a)(1)(B)(i) of the Act, to the extent Hylsa’s sales. CEP offset. We examined the data for practicable, we determine NV based on TAMSA and have determined that we sales in the comparison market at the TAMSA do not have an appropriate basis for a same level of trade (LOT) as the EP or It is the Department’s policy to match, LOT adjustment. Specifically, we note CEP transaction. The NV LOT is that of whenever possible, U.S. sales to home that although TAMSA made sales to the starting price sales in the market sales of identical merchandise. other customers which involved comparison market or, when NV is The Department determined that the different sales functions, it made no based on CV, that of the sales from U.S. sales made by TAMSA had sales in Mexico at the LOT of the CEP which we derive selling, general and matches in the home market of identical which could be used to calculate the administrative expenses and profit. For merchandise within the same month of extent to which price comparability can EP, the U.S. LOT is also the level of the the U.S. sales. The U.S. sales matched be attributed to differences in LOT. starting price sale, which is usually exclusively to home market sales made Thus, the Department is unable to
VerDate 112000 16:45 Sep 11, 2000 Jkt 190000 PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 E:\FR\FM\12SEN1.SGM pfrm01 PsN: 12SEN1 55002 Federal Register / Vol. 65, No. 177 / Tuesday, September 12, 2000 / Notices calculate the amount for a LOT prices below the COP, we compared the deductions, where appropriate, for adjustment. adjusted weighted-average COP figures foreign inland freight, warehousing and As indicated above, in accordance to home-market sales of the foreign like inland insurance pursuant to section with section 773(a)(7)(B) of the Act, a product as required under section 773(a)(6)(B) of the Act. In addition, we CEP offset is warranted where NV is 773(b) of the Act. In determining made adjustments for differences in established at a LOT which constitutes whether to disregard home-market sales circumstances-of-sale (COS) in a more advanced stage of distribution made at prices below the COP, we accordance with section 773(a)(6)(C)(iii) (or the equivalent) than the LOT of the examined whether (1) within an of the Act and 19 CFR 351.410. We CEP sale, and a LOT adjustment is not extended period of time, such sales made COS adjustments for imputed feasible. Because we have determined were made in substantial quantities, and credit expenses, interest revenue, that TAMSA’s home market LOT is (2) such sales were made at prices performance bond costs, royalties and different from the CEP LOT and is at a which permitted the recovery of all warranties. Finally, we deducted home more advanced stage of distribution, as costs within a reasonable period of time. market packing costs and added U.S. well as that an LOT adjustment is not On a product-specific basis, we packing costs in accordance with feasible, we have made a CEP offset compared the COP to the home-market section 773(a)(6) of the Act. pursuant to section 773(a)(7)(B) of the prices, less any applicable movement Act. charges, discounts, and rebates. Price to Constructed Value Comparisons Cost-of-Production Analysis C. Results of COP Test Where we compared EP to CV for Because the Department disregarded In accordance with section Hylsa, we made COS adjustments by sales below cost for TAMSA in the 773(b)(2)(C), for models for which less deducting from CV the weighted- comparison market during the last than 20 percent of TAMSA’s sales of a average home market direct selling completed segment of the proceeding, given product were at prices below the expenses and adding the U.S. direct we initiated a cost of production (COP) COP, we did not disregard any below- selling expenses, in accordance with analysis of TAMSA’s home market sales cost sales of that product because we section 773(a)(8) of the Act and section in accordance with section 773(b) of the determined that the below-cost sales 19 CFR 351.401(c). were not made in ‘‘substantial Act. We conducted the COP analysis as Based on our findings at verification, quantities.’’ For models for which 20 described below. we made adjustments to the reported percent or more of TAMSA’s sales values for U.S. credit expense, U.S. A. Calculation of COP during the POR were at prices below the packing, and U.S. direct selling expense. In accordance with section 773(b)(3) COP, we determined such sales to have See Analysis Memorandum for Hylsa for of the Act, we calculated the weighted- been made in ‘‘substantial quantities’’ further discussion. average COP, by model, based on the within an extended period of time in sum of the cost of materials, fabrication accordance with section 773(b)(2)(B) of Currency Conversion and general expenses, and packing the Act. Furthermore, because we For purposes of the preliminary costs. We relied on the submitted COPs, compared prices to POR average COPs, results, we made currency conversions except in the following specific we determined that below-cost prices in accordance with section 773A of the instances where the submitted costs did not permit recovery of all costs Act, based on the official exchange rates were not appropriately quantified or within a reasonable period of time, in in effect on the dates of the U.S. sales valued. accordance with section 773(b)(2)(D) of as certified by the Federal Reserve Bank 1. We adjusted the COP and CV by the Act. Therefore, we disregarded such of New York. Section 773A(a) of the Act including the standard costs plus the below-cost sales made by TAMSA. POR variance for those products which We found that for OCTG products, directs the Department to use a daily were sold, but not produced during the TAMSA made comparison-market sales exchange rate in order to convert foreign POR. at prices below the COP within an currencies into U.S. dollars, unless the 2. We revised the fixed overhead and extended period of time in substantial daily rate involves a ‘‘fluctuation.’’ In variance rate calculations for a quantities. Further, we found that these accordance with the Department’s mathematical error and computed the sales prices did not permit recovery of practice, we have determined as a expenses as a percentage of standard costs within a reasonable period of time. general matter that a fluctuation exists cost of manufacturing rather than We therefore excluded these sales from when the daily exchange rate differs standard cost of sales. our analysis in accordance with section from a benchmark by 2.25 percent. See, 3. We revised the reserve for 773(b)(1) of the Act. e.g., Certain Stainless Steel Wire Rods inventory obsolescence rate calculation from France; Preliminary Results of by computing the expense as a D. Calculation of CV Antidumping Duty Administrative percentage of total standard costs rather In accordance with section 773(e) of Review, 61 FR 8915, 8918 (March 6, than a per-ton amount. the Act, we calculated CV based on the 1998), and Policy Bulletin 96–1: 4. We revised the 1999 G&A expense sum of each company’s cost of Currency Conversions, 61 FR 9434 rate calculation to include certain materials, fabrication, SG&A, U.S. (March 8, 1996). The benchmark is ‘‘other expenses.’’ packing costs, interest expenses, and defined as the rolling average of rates for 5. We revised the 1999 financial profit. See Normal Value section above the past 40 business days. When we expense rate calculation to exclude for a discussion of the calculation of determine a fluctuation exists, we interest income related to accounts SG&A and profit for Hylsa. substitute the benchmark for the daily receivable. rate. Price-to-Price Comparisons Preliminary Results of the Review B. Test of Home-Market Prices We calculated NV for TAMSA based We used TAMSA’s weighted-average on packed, FOB or delivered prices to As a result of this review, we COPs for the reporting period as unaffiliated customers in Mexico. We preliminarily determine that the adjusted above. In order to determine made adjustments for discounts and following weighted-average dumping whether these sales had been made at billing adjustments. We made margin exists:
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OIL COUNTRY TUBULAR GOODS unliquidated entries of subject DEPARTMENT OF COMMERCE merchandise produced by TAMSA or Producer/manufacturer/ Weighted-av- Hylsa exported to the United States and International Trade Administration exporter erage margin entered, or withdrawn from warehouse, [A±580±807] TAMSA ...... 0 for consumption on or after August 1, Hylsa ...... 1.47 1999, the first day after the period under Polyethylene Terephthalate Film, Sheet review. and Strip From Korea: Final Results of The Department will disclose Furthermore, the following deposit Antidumping Duty Administrative calculations performed within five days requirements will be effective upon Review of the date of publication of this notice completion of the final results of this AGENCY: to the parties of this proceeding in Import Administration, administrative review for all shipments International Trade Administration, accordance with 19 CFR 351.224(b). An of subject merchandise entered, or interested party may request a hearing Department of Commerce. withdrawn from warehouse, for within 30 days of publication of these ACTION: Notice of final results of consumption on or after the publication preliminary results. See 19 CFR antidumping duty administrative of the final results of this administrative 351.310(c). Any hearing, if requested, review. will be held 37 days after the date of review, as provided for by section SUMMARY: On May 8, 2000, the publication, or the first working day 751(a)(1) of the Act: (1) The cash deposit Department of Commerce (the thereafter. Interested parties may submit rate for the reviewed companies will be Department) published the preliminary case briefs and/or written comments no the rate as stated above; (2) for results of the administrative review of later than 30 days after the date of previously reviewed or investigated the antidumping duty order on publication of these preliminary results companies not listed above, the cash polyethylene terephthalate film, sheet, of review. Rebuttal briefs and rebuttals deposit rate will continue to be the and strip (PET film) from the Republic to written comments, limited to issues company-specific rate published for the of Korea (65 FR 26574). The review raised in such briefs or comments, may most recent period; (3) if the exporter is covers three manufacturers/exporters of be filed no later than 35 days after the not a firm covered in this review, a prior the subject merchandise to the United date of publication. Parties who submit review, or the original less than fair States: H.S, Industries (HSI), Hyosung arguments are requested to submit with value (LTFV) investigation, but the Corporation (Hyosung) and SKC Limited the argument (1) A statement of the manufacturer is, the cash deposit rate (SKC). The review covers the period issue, (2) a brief summary of the will be the rate established in the most June 1, 1998 through May 31, 1999. We argument (no longer than five pages recent period for the manufacturer of gave interested parties an opportunity to including footnotes) and (3) a table of the merchandise; and (4) if neither the comment on the preliminary results. authorities. Further, we would exporter nor the manufacturer is a firm The final weighted-average dumping appreciate it if parties submitting covered in this or any other previous margins for the reviewed firms are listed written comments would provide the review conducted by the Department, in the section entitled Final Results of Department with an additional copy of the cash deposit rate will continue to be Review. As a result of comments the public version of any such the ‘‘all other’’ rate established by the received, we have made changes to the comments on diskette. The Department LTFV investigation, which was 23.79 final margin calculations for SKC. will issue the final results of this percent. administrative review, which will EFFECTIVE DATE: September 12, 2000. include the results of its analysis of This notice serves as a preliminary FOR FURTHER INFORMATION CONTACT: issues raised in any such comments, reminder to importers of their Michael J. Heaney or Robert James, AD/ within 120 days of publication of these responsibilities under 19 CFR 351.402(f) CVD Enforcement Group III, Office 8, preliminary results. to file a certificate regarding the Import Administration, International Upon issuance of the final results of reimbursement of antidumping duties Trade Administration, U.S. Department the review, the Department will prior to liquidation of the relevant of Commerce, 14th Street and determine, and Customs will assess, entries during this review period. Constitution Avenue, NW., Washington, antidumping duties on all appropriate Failure to comply with this requirement DC 20230; telephone (202) 482–4475 or entries. The Department will issue could result in the Secretary’s (202) 482–0649, respectively. appraisement instructions directly to presumption that reimbursement of Applicable Statute Customs. The final results of this review antidumping duties occurred and the will be the basis for the assessment of subsequent assessment of double Unless otherwise indicated, all citations to the Tariff Act of 1930, as antidumping duties on entries of antidumping duties. merchandise covered by the results and amended (the Tariff Act), are references for future deposits of estimated duties. This administrative review and this to the provisions effective January 1, For duty assessment purposes, we will notice are in accordance with Section 1995, the effective date of the calculate an importer-specific 751(a)(1) and 777(i)(1) of the Act. amendments made to the Tariff Act by assessment rate by dividing the total Dated: August 30, 2000. the Uruguay Round Agreements Act. In dumping margins calculated for the U.S. Troy H. Cribb, addition, unless otherwise indicated, all sales to the importer by the total entered citations to the Department’s regulations Acting Assistant Secretary for Import are to the regulations codified at 19 CFR value of these sales. This rate will be Administration. used for the assessment of antidumping Part 351 (1999). [FR Doc. 00–23393 Filed 9–11–00; 8:45 am] duties on all entries of the subject SUPPLEMENTARY INFORMATION: merchandise by that importer during the BILLING CODE 3510±DS±P POR. Background If the Department determines that On May 8, 2000, the Department revocation is warranted for TAMSA or published in the Federal Register the Hylsa, this decision will apply to all preliminary results of administrative
VerDate 112000 16:45 Sep 11, 2000 Jkt 190000 PO 00000 Frm 00015 Fmt 4703 Sfmt 4703 E:\FR\FM\12SEN1.SGM pfrm01 PsN: 12SEN1 55004 Federal Register / Vol. 65, No. 177 / Tuesday, September 12, 2000 / Notices review of the antidumping duty order Memorandum can be accessed directly or exporter received a company-specific on PET film from Korea. SKC Co., Ltd. on the Web at www.ia.ita.doc.gov. The rate; (4) if the exporter is not a firm and SKC America, Inc. (collectively paper copy and electronic version of the covered in this review or the original SKC) and E.I. DuPont de Nemours & Decision Memorandum are identical in investigation, but the manufacturer is, Company and Mitsubishi Polyester content. the cash deposit rate will be that Film, LLC (collectively Petitioners) Changes Since the Preliminary Results established for the manufacturer of the submitted their respective case briefs on of Review merchandise in the final results of the June 7, 2000. SKC submitted rebuttal most recent review or the LTFV comments on June 16, 2000. Petitioners We have deleted sales of PET film that investigation; and (5) if neither the submitted rebuttal comments on June were subsequently exported from the exporter nor the manufacturer is a firm 19, 2000. The Department has United States from SKC’s U.S. database. covered in this or any previous reviews, conducted this administrative review in Additionally, for purposes of applying the cash deposit rate will be 21.50 accordance with section 751 of the the constructed export price (CEP) profit percent the ‘‘all others’’ rate established Tariff Act. ratio to SKC’s indirect U.S. selling in the LTFV investigation. (See expenses, we have applied the CEP Scope of the Review Polyethylene Terephthalate Film, Sheet, profit ratio only to those indirect selling and Strip from the Republic of Korea: Imports covered by this review are expenses incurred in the United States. Notice of Final Court Decision and shipments of all gauges of raw, Further details regarding these changes Amended Final Determination, 62 FR pretreated, or primed polyethylene can be found in the Decision 50557, (September 26, 1997).) terephthalate film, sheet, and strip, Memorandum and the SKC September whether extruded or coextruded. The 5, 2000 Final Results Analysis This notice serves as the final films excluded from this review are Memorandum, both of which are on file reminder to importers of their metallized films and other finished in room B–099 of the main Commerce responsibility under 19 CFR 351.402(f) films that have had at least one of their building. to file a certificate regarding the surfaces modified by the application of reimbursement of antidumping duties Final Results of Review a performance-enhancing resinous or prior to liquidation of the relevant inorganic layer of more than 0.00001 As a result of our analysis of the entries during this review period. inches (0.254 micrometers) thick. Roller comments received, we determine that Failure to comply with this requirement transport cleaning film which has at the following margins exist for the could result in the Secretary’s least one of its surfaces modified by the period June 1, 1998 through May 31, presumption that reimbursement of application of 0.5 micrometers of SBR 1999: antidumping duties occurred and the latex has also been ruled as not within subsequent assessment of double Margin antidumping duties. the scope of the order. Company (percent) PET film is currently classifiable This notice also serves as a reminder under Harmonized Tariff Schedule HSI ...... 0.00 to parties subject to administrative (HTS) subheading 3920.62.00.00. The Hyosung ...... 0.00 protective orders (APOs) of their HTS subheading is provided for SKC ...... 1.23 responsibility concerning the convenience and for U.S. Customs disposition of proprietary information purposes. The written description The U.S. Customs Service will assess disclosed under APO in accordance remains dispositive as to the scope of antidumping duties on all appropriate with 19 CFR 351.305(a). Timely written the product coverage. entries. The Department will issue notification of the return or destruction The review covers the period June 1, appraisement instructions directly to of APO materials or conversion to 1998 through May 31, 1999. The the Customs Service. We have judicial protective order is hereby Department has conducted this review calculated an importer-specific requested. in accordance with section 751 of the assessment rate for subject merchandise Failure to comply with the regulations Tariff Act. based on the ratio of the total amount of antidumping duties calculated for the and terms of an APO is a sanctionable Analysis of Comments Received examined sales to the total entered violation. All issues raised in the case and value of sales examined. This administrative review and notice rebuttal briefs are addressed in the Furthermore, the following deposit is in accordance with section 751(a)(1) ‘‘Issues and Decision Memorandum’’ requirements shall be required for all of the Tariff Act. (Decision Memorandum) from Joseph A. shipments of PET film from the Dated: September 5, 2000. Republic of Korea entered, or Spetrini, Deputy Assistant Secretary for Troy H. Cribb, Import Administration to Troy H. Cribb, withdrawn from warehouse, for consumption on or after the publication Acting Assistant Secretary for Import Acting Assistant Secretary for Import Administration. Administration, dated September 5, date of these final results of this review, 2000 which is adopted by this notice. A as provided by section 751(a)(1) of the Appendix—Issues in the Decision list of the issues which parties have Tariff Act: (1) The cash deposit for SKC Memorandum raised and to which we have responded, shall be 1.23 percent; (2) since the rates 1. Accounting for B-grade Film Costs all of which are in the Decision for HSI and Hyosung are zero no cash 2. Calculation of CEP Profit Memorandum, is attached to this notice deposit shall be required for those firms, 3. Inclusion in SKC’s U.S. Sales Listing of as an Appendix. Parties can find a (3) for merchandise exported by Merchandise Subsequently Exported from complete discussion of all issues raised manufacturers or exporters not covered the United States in this review and the corresponding in this review but covered in the less- 4. Calculation of US Indirect Selling recommendations in this public than-fair-value (LTFV) investigation or a Expenses memorandum which is on file in the previous review, the cash deposit will 5. Proper Home Market Comparison for Model DS10. Central Records Unit, room B–099 of the continue to be the most recent rate main Commerce building. In addition a published in the final determination or [FR Doc. 00–23394 Filed 9–11–00; 8:45 am] complete version of the Decision final results for which the manufacturer BILLING CODE 3510±DS±U
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DEPARTMENT OF COMMERCE Background Period of Review This review covers three The POR is October 1, 1997, through International Trade Administration manufacturers/exporters (i.e., G-Link March 31, 1999, for G-Link and [A±583±827] Technology (G-Link), GSI Technology, Winbond. Because GSI Technology was Inc. (GSI Technology), 1 and Winbond a respondent in the 1997–1998 new Static Random Access Memory Electronics Corporation (Winbond)). shipper review on SRAMs, the POR for Semiconductors From Taiwan; Final On May 8, 2000, the Department our administrative review of its U.S. Results and Partial Rescission of published in the Federal Register the sales is October 1, 1998, through March Antidumping Duty Administrative preliminary results of administrative 31, 1999. Review review of the antidumping duty order on static random access memory Partial Rescission of Review AGENCY: Import Administration, As noted in the preliminary results, in International Trade Administration, semiconductors (SRAMs) from Taiwan. June and July 1999, respectively, two Department of Commerce. See Static Random Access Memory Semiconductors from Taiwan; manufacturers/exporters of subject ACTION: Notice of final results of Preliminary Results and Partial merchandise to the United States, antidumping duty administrative Rescission of Antidumping Alliance Semiconductor (Alliance) and review. Administrative Review, 65 FR 26577 Galvantech, Inc. (Galvantech), withdrew SUMMARY: On May 8, 2000, the (May 8, 2000). their requests for administrative review. Department of Commerce published the We invited parties to comment on our No other interested party requested a preliminary results of administrative preliminary results of review. At the review of sales of merchandise review of the antidumping duty order request of certain interested parties, we produced or exported by either Alliance on static random access memory held a public hearing on August 2, 2000. or Galvantech during the POR. semiconductors from Taiwan. The The Department has conducted this Therefore, in accordance with 19 CFR merchandise covered by this order are administrative review in accordance 351.213(d)(1) and consistent with our synchronous, asynchronous, and with section 751 of the Act. practice, we are rescinding our review with respect to Alliance and specialty static random access memory Scope of Review semiconductors from Taiwan, whether Galvantech. The products covered by this review assembled or unassembled. This review Analysis of Comments Received covers the U.S. sales and/or entries of are synchronous, asynchronous, and All issues raised in the case briefs by three manufacturers/exporters. In specialty SRAMs from Taiwan, whether parties to this administrative review are addition, we are rescinding this review assembled or unassembled. Assembled addressed in the ‘‘Issues and Decision with respect to two companies. The SRAMs include all package types. Memorandum’’ (Decision Memo) from period of review is October 1, 1997, Unassembled SRAMs include processed Richard W. Moreland, Deputy Assistant through March 31, 1999, for two of the wafers or die, uncut die and cut die. reviewed companies and October 1, Processed wafers produced in Taiwan, Secretary, Import Administration, to but packaged, or assembled into 1998, through March 31, 1999, for the Troy H. Cribb, Acting Assistant memory modules, in a third country, are remaining company. Secretary for Import Administration, Based on our analysis of the included in the scope; processed wafers dated September 5, 2000, which is comments received, we have made produced in a third country and hereby adopted by this notice. A list of changes in the margin calculations. assembled or packaged in Taiwan are the issues which parties have raised and Therefore, the final results differ from not included in the scope. The scope of to which we have responded, all of the preliminary results. The final this review includes modules which are in the Decision Memo, is weighted-average dumping margins for containing SRAMs. Such modules attached to this notice as an Appendix. the reviewed firms are listed below in include single in-line processing Parties can find a complete discussion modules, single in-line memory the section entitled ‘‘Final Results of the of all issues raised in this review and modules, dual in-line memory modules, Review.’’ the corresponding recommendations in memory cards, or other collections of this public memorandum, which is on EFFECTIVE DATE: September 12, 2000. SRAMs, whether unmounted or file in the Central Records Unit, room FOR FURTHER INFORMATION CONTACT: Irina mounted on a circuit board. The scope B–099, of the main Department Itkin or Shawn Thompson, Import of this review does not include SRAMs building. Administration, International Trade that are physically integrated with other In addition, a complete version of the Administration, U.S. Department of components of a motherboard in such a Decision Memo can be accessed directly Commerce, Washington, D.C. 20230; manner as to constitute one inseparable on the Web at www.ia.ita.doc.gov. The telephone: (202) 482–0656 or (202) 482– amalgam (i.e., SRAMs soldered onto paper copy and electronic version of the 1776, respectively. motherboards). The SRAMs within the Decision Memo are identical in content. SUPPLEMENTARY INFORMATION: scope of this review are currently Changes Since the Preliminary Results The Applicable Statute classifiable under subheadings 8542.13.8037 through 8542.13.8049, Based on our analysis of comments Unless otherwise indicated, all 8473.30.10 through 8473.30.90, received, we have made changes in the citations to the Tariff Act of 1930, as 8542.13.8005, and 8542.14.8004 of the margin calculations for two of the three amended (the Act), are references to the Harmonized Tariff Schedule of the companies under review. These changes provisions effective January 1, 1995, the United States (HTSUS). Although the are discussed in the relevant sections of effective date of the amendments made HTSUS subheadings are provided for the Decision Memo. to the Act by the Uruguay Round convenience and customs purposes, the Final Results of Review Agreements Act (URAA). In addition, written description of the scope of this unless otherwise indicated, all citations proceeding is dispositive. We determine that the following to the Department of Commerce’s (the weighted-average margin percentages Department’s) regulations are to 19 CFR 1 GSI Technology is also known as Giga exist for the period October 1, 1997, part 351 (1999). Semiconductor, Inc. through March 31, 1999 (for G-Link and
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Winbond) and the period October 1, antidumping duties occurred and the according to the Statement of Policy 1998, through March 31, 1999 (for GSI subsequent assessment of doubled Governing Department of Commerce Technology): antidumping duties. Overseas Trade Missions dated March 3, This notice also serves as the only 1997. Percent reminder to parties subject to Automotive Trade Mission to ASEAN Manufacturer/exporter margin administrative protective orders (APO) Countries G-Link Technology ...... 32.12 of their responsibility concerning the Bangkok, Thailand; Manila, the GSI Technology, Inc/Giga return or destruction of proprietary Philippines; Kuala Lumpur, Malaysia; Semiconductor Inc ...... 33.85 information disclosed under APO in Jakarta, Indonesia Winbond Electronics Corp ...... 0.67 accordance with 19 CFR 351.305 or April 1–13, 2001 conversion to judicial protective order is Recruitment closes on January 26, 2001 The Department shall determine, and hereby requested. Failure to comply For further information contact: Mr. Customs shall assess, antidumping with the regulations and terms of an Jeffery Dutton, U.S. Department of duties on all appropriate entries. In APO is a violation which is subject to Commerce. Tel: 202–482–0671, Fax: accordance with 19 CFR 351.212(b), we sanction. 202–482–5872, E-Mail: have calculated exporter/importer- We are issuing and publishing this [email protected]. specific assessment rates. We divided determination and notice in accordance Medical Trade Mission to Israel, Jordan the total dumping margins for the with sections 751(a)(1) and 777(i)(1) of and the United Arab Emirates reviewed sales by their total entered the Act. Tel Aviv and Jerusalem, Israel; Amman, value for each importer. We will direct Dated: September 5, 2000. Jordan; Abu Dhabi, U.A.E. Customs to assess the resulting April 22–29, 2001 Troy H. Cribb, percentage margins against the entered Recruitment closes on February 28, Customs values for the subject Acting Assistant Secretary for Import 2001 Administration. merchandise on each of that importer’s For further information contact: Ms. entries under the relevant order during Appendix—Issues in Decision Memo Lisa Huot, U.S. Department of the review period. Comments Commerce. Tel: 202–482–2796, Fax: Cash Deposit Requirements 202–482–0975, E-Mail: 1. Facts Available [email protected]. The following deposit requirements 2. Date of Sale for Certain Transactions Related to a Joint-Venture Agreement Information and Communications will be effective upon publication of Technology Trade Mission from this notice of final results of 3. Unreported Cost Data 4. Ordinary Course of Trade Silicon Valley to the Nordic-Baltic administrative review for all shipments 5. Winbond’s Cash Deposit Rate Region of SRAMs from Taiwan entered, or 6. Yields Copenhagen, Denmark; Oslo, Norway; withdrawn from warehouse, for 7. Variances Stockholm, Sweden; Helsinki, consumption on or after the date of 8. Foreign Exchange Losses Related to Cash Finland; St. Petersburg, Russia publication, as provided by section Transactions December 3–12, 2000 751(a)(1) of the Act: (1) the cash deposit 9. Research and Development Costs Recruitment closes on November 3, rates for the reviewed firms will be the 10. Products Produced But Not Sold During 2000. rates shown above; (2) for previously the Review Period 11. Bonuses For further information contact: Ms. reviewed or investigated companies not Tish Falco, U.S. Department of listed above, the cash deposit rate will 12. Clerical Errors in Winbond’s Calculations 13. Constructed Export Price Offset Commerce. Tel: 408–970–4615, Fax: continue to be the company-specific rate 408–970–4618, E-mail: published for the most recent period; (3) [FR Doc. 00–23391 Filed 9–11–00; 8:45 am] [email protected]. if the exporter is not a firm covered in BILLING CODE 3510±DS±P For further information contact Mr. this review, a prior review, or the Reginald Beckham, U.S. Department of original less-than-fair-value (LTFV) Commerce. Tel: 202–482–5478, Fax: DEPARTMENT OF COMMERCE investigation, but the manufacturer is, 202–482–1999. the cash deposit rate will be the rate established for the most recent period International Trade Administration Dated: September 6, 2000. Thomas H. Nisbet, for the manufacturer of the Overseas Trade Missions: 2000 Trade merchandise; and (4) the cash deposit Director, Promotion Planning and Support Missions; Automotive Trade Mission to Division, Office of Export Promotion rate for all other manufacturers or Thailand, the Philippines, Malaysia and exporters will continue to be 41.75. This Coordination. Indonesia rate is the ‘‘All Others’’ rate from the [FR Doc. 00–23398 Filed 9–11–00; 8:45 am] LTFV investigation. AGENCY: International Trade BILLING CODE 3510±DR±U These deposit requirements shall Administration, Department of remain in effect until publication of the Commerce. DEPARTMENT OF DEFENSE final results of the next administrative ACTION: Notice. review. This notice also serves as a final SUMMARY: The Department of Commerce Department of the Navy reminder to importers of their invites U.S. companies to participate in Extension of Public Comment Period responsibility under 19 CFR 351.402(f) the below listed overseas trade for the Draft Environmental Impact to file a certificate regarding the missions. For a more complete Statement/Draft Overseas reimbursement of antidumping duties description of each trade mission, Environmental Impact Statement prior to liquidation of the relevant obtain a copy of the mission statement (DEIS/DOEIS) for the Naval Air Warfare entries during this review period. from the Project Officer indicated for Center Weapons Division (NAWCWD) Failure to comply with this requirement each mission below. Recruitment and Point Mugu Sea Range could result in the Secretary’s selection of private sector participants presumption that reimbursement of for these missions will be conducted AGENCY: Department of the Navy, DOD.
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ACTION: Notice. E. P. Foster Library, 651 E. Main Street a.m. to 11:00 a.m. The closed Executive Ventura, California. Session will be from 10:25 a.m. to 11:00 SUMMARY: The Department of the Navy • Santa Barbara Public Library, 40 a.m. (Navy) has prepared and filed with the East Anapamu Street, Santa Barbara, ADDRESSES: The meeting will be held in U.S. Environmental Protection Agency California Room SC5 of the U.S. Capitol Building, (EPA) a DEIS/DOEIS evaluating the Naval Air Station Point Mugu Library, Washington, DC. environmental effects of existing and Code 836300E, Building No. 3–10, FOR FURTHER INFORMATION CONTACT: increased testing and training activities North Mugu Road, Point Mugu, Lieutenant Commander Thomas E. on the NAWCWD Point Mugu Sea California. Osborn, Executive Secretary to the Range. The public review period • Camarillo Public Library, 3100 Board of Visitors, Office of the previously announced in the Federal Ponderosa Drive, Camarillo, California. Superintendent, U.S. Naval Academy, Register on July 28, 2000 (65 FR 46696) • Malibu Library, 23519 West Civic Annapolis, MD 21402–5000, (410) 293– provided for a 45-day comment period Center Way, Malibu, California. 1503. with comments due on September 11, • Santa Monica Public Library, 2000. This notice announces the Reference Section, 1343 6th Street, SUPPLEMENTARY INFORMATION: This extension of the public review period to Santa Monica, California. notice of meeting is provided per the October 11, 2000. Five public hearings The Executive Summary of the DEIS/ Federal Advisory Committee Act (5 to receive comments on the DEIS/DOEIS DOEIS may be viewed on the Point U.S.C. App. 2). The executive session of were conducted during August 2000 in Mugu Sea Range DEIS/DOEIS Home the meeting will consist of discussions Oxnard, California; Camarillo, Page at the following web address: of information which pertain to the California; Ventura, California; Santa http://www.nawcwpns.navy.mil/∼pmeis. conduct of various midshipmen at the Barbara, California; and Santa Monica, FOR FURTHER INFORMATION CONTACT: Ms. Naval Academy and internal Board of California. Gina Smith, Code 8G0000E, Naval Air Visitors matters. Discussion of such Warfare Center Weapons Division, Point information cannot be adequately DATES AND ADDRESSES: See Mugu Sea Range EIS, 521 9th Street, segregated from other topics, which SUPPLEMENTARY INFORMATION section for Point Mugu, CA 93042–5001, telephone precludes opening the executive session dates and addresses. (888) 217–9045, facsimile (805) 989– of this meeting to the public. In SUPPLEMENTARY INFORMATION: Per 0143. Additional information may be accordance with 5 U.S.C. App. 2, Section 102(2)(c) of the National obtained by accessing the Point Mugu section 10(d), the Secretary of the Navy Environmental Policy Act of 1969 as Sea Range EIS/OEIS Home Page at the has determined in writing that the implemented by the Council on following web address: http:// special committee meeting shall be Environmental Quality regulations (40 www.nawcwpns.navy.mil/∼pmeis. partially closed to the public because they will be concerned with matters as CFR Parts 1500–1508) and Executive Dated: September 6, 2000. Order 12114 (Environmental Effects outlined in section 552(b)(2), (5), (6), C.G. Carlson, Abroad of Major Federal Actions), the and (7) of title 5, U.S.C. Due to Navy has prepared and filed with the Major, U.S. Marine Corps, Alternate Federal unavoidable delay in administrative Register Liaison Officer. EPA a DEIS/DOEIS evaluating the processing, the normal 15 days notice environmental effects of existing and [FR Doc. 00–23401 Filed 9–11–00; 8:45 am] could not be provided. BILLING CODE 3810±FF±P increased testing and training activities Dated: September 6, 2000. on the NAWCWD Point Mugu Sea J.L. Roth, Range. A Notice of Availability for the DEPARTMENT OF DEFENSE Lieutenant Commander, Judge Advocate DEIS/DOEIS appeared in the Federal General’s Corps, U.S. Navy, Federal Register Register on July 28, 2000 (65 FR 46696). Department of the Navy Liaison Officer. That notice stated that comments on the [FR Doc. 00–23404 Filed 9–11–00; 8:45 am] DEIS/DOEIS were due by September 11, Meeting of the Board of Visitors to the BILLING CODE 3810±FF±P 2000. The Navy is extending the public U.S. Naval Academy review period to October 11, 2000. All AGENCY: Department of the Navy, DOD. written comments should be DEPARTMENT OF EDUCATION postmarked on or before October 11, ACTION: Notice of meeting. 2000. Written comments should be sent SUMMARY: The U.S. Naval Academy Submission for OMB Review; to Naval Air Warfare Center Weapons Board of Visitors will meet to make such Comment Request Division, Point Mugu Sea Range EIS, inquiry as the Board shall deem 521 9th Street, Point Mugu, California necessary into the state of morale and AGENCY: Department of Education. 93042–5001 (Attn. Ms. Gina Smith, discipline, the curriculum, instruction, SUMMARY: The Leader, Regulatory Code 8G0000E, facsimile (805) 989– physical equipment, fiscal affairs, and Information Management Group, Office 0143). academic methods of the Naval of the Chief Information Officer invites The DEIS/DOEIS has been distributed Academy. During this meeting inquiries comments on the submission for OMB to various federal, state, and local will relate to the internal personnel review as required by the Paperwork agencies, elected officials, and special rules and practices of the Academy, may Reduction Act of 1995. interest groups and libraries. Complete involve on-going criminal DATES: Interested persons are invited to copies of the document are available for investigations, and include discussions submit comments on or before October public review at the following eight of personal information the disclosure 12, 2000. information repositories: of which would constitute a clearly ADDRESSES: Written comments should • Oxnard Public Library, Reference unwarranted invasion of personal be addressed to the Office of Desk, 251 South ‘‘A’’ Street, Oxnard, privacy. The executive session of this Information and Regulatory Affairs, California. meeting will be closed to the public. Attention: Lauren Wittenberg, Acting • Ray D. Prueter Library, 510 Park DATES: The meeting will be held on Desk Officer, Department of Education, Avenue, Port Hueneme, California. Friday, September 15, 2000 from 8:00 Office of Management and Budget, 725
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17th Street, N.W., Room 10235, New Office Building 3, Washington, D.C. check the NETL Homepage to ascertain Executive Office Building, Washington, 20202–4651. Requests may also be the status of these documents. D.C. 20503 or should be electronically electronically mailed to the internet FOR FURTHER INFORMATION CONTACT: mailed to the internet address address [email protected] or [email protected]. faxed to 202–708–9346. Please specify Mary S. Gabriele, MS I07, U.S. the complete title of the information Department of Energy, National Energy SUPPLEMENTARY INFORMATION: Section Technology Laboratory, 3610 Collins 3506 of the Paperwork Reduction Act of collection when making your request. Comments regarding burden and/or the Ferry Road, P.O. Box 880, Morgantown, 1995 (44 U.S.C. Chapter 35) requires WV 26507–0880, E-mail Address: that the Office of Management and collection activity requirements should [email protected], Telephone Budget (OMB) provide interested be directed to Kathy Axt at her internet l Number: (304) 285–4253. Federal agencies and the public an early address Kathy [email protected]. opportunity to comment on information Individuals who use a SUPPLEMENTARY INFORMATION: The U. S. collection requests. OMB may amend or telecommunications device for the deaf Department of Energy is seeking waive the requirement for public (TDD) may call the Federal Information Industrial Teams to develop a total of Relay Service (FIRS) at 1–800–877– consultation to the extent that public three solid-oxide fuel cell system 8339. participation in the approval process prototypes per team with a net power would defeat the purpose of the [FR Doc. 00–23278 Filed 9–11–00; 8:45 am] output of between 3 kilawatts (kW) to information collection, violate State or BILLING CODE 4000±01±P 10kW. A single organization (prime) Federal law, or substantially interfere will lead each Industrial Team. The with any agency’s ability to perform its project will be structured in three statutory obligations. The Leader, DEPARTMENT OF ENERGY phases over ten years with minimum Regulatory Information Management goals and requirements established for Group, Office of the Chief Information National Energy Technology each phase. A full functional prototype Officer, publishes that notice containing Laboratory; Notice of Availability of a will be tested according to a minimum proposed information collection Financial Assistance Solicitation requests prior to submission of these set of goals and requirements no later requests to OMB. Each proposed AGENCY: National Energy Technology than the end of each phase. information collection, grouped by Laboratory (NETL), Department of This solicitation represents the office, contains the following: (1) Type Energy (DOE). beginning of a new fuel cell program. of review requested, e.g. new, revision, ACTION: Notice of Availability of a The new program will attack the fuel extension, existing or reinstatement; (2) Financial Assistance Solicitation. cell commercialization by reducing Title; (3) Summary of the collection; (4) costs and producing system SUMMARY: Notice is hereby given of the Description of the need for, and intent to issue Financial Assistance configurations that have wide proposed use of, the information; (5) Solicitation No. DE–PS26–00NT40854, applicability. SECA includes two major Respondents and frequency of entitled ‘‘Solid State Energy Conversion components—the Industrial Teams collection; and (6) Reporting and/or Alliance (SECA).’’ The purpose of the Component and the Core Technology Recordkeeping burden. OMB invites SECA solicitation is to seek Industrial Program. This solicitation is for the public comment. Development Teams to develop a 3 Industrial Team Component only. Dated: September 6, 2000. kilawatt (kW)–10kW solid-oxide fuel The DOE anticipates award of John Tressler, cell system including stack and balance multiple cost-sharing cooperative Leader, Regulatory Information Management, of plant that has a Factory Cost of $400/ agreements; but the DOE reserves the Office of the Chief Information Officer. kW by 2010. The goal is to develop right to award the agreement type and Office of the Chief Information Officer solid-oxide fuel cell systems that have number deemed in its best interest. As broad applicability via use of mass Type of Review: Extension. required in Section 3002, Title XXX of customization techniques. Development the Energy Policy Act (EPACT), offerors Title: Master Plan for Customer of solid-oxide fuel cell systems that are Surveys and Focus Groups. are advised that mandatory cost-share applicable to stationary, mobile, and will be required for each phase of the Frequency: On Occasion. military applications with minimal Affected Public: Individuals or project: 20% for Phase I and 50% for differences in core module components household; Businesses or other for- Phases II and III. Funds are not is also desired. profit; Not-for-profit institutions; State, currently available for this solicitation; DATES: Local, or Tribal Gov’t, SEAs or LEAs. A draft solicitation will be the Government’s obligation under any available on or about September 15, Reporting and Recordkeeping Hour cooperative agreement awarded is 2000. Comments and/or questions Burden: Responses: 100,000; Burden contingent upon the availability of concerning the draft solicitation shall be Hours: 25,120. appropriated FY2001 funds. Abstract: This Master Plan allows ED submitted to the DOE Contract to seek OMB clearance for individual Specialist no later than 25 days after Issued in Morgantown, WV on August 31, customer satisfaction and focus group publication of the solicitation; the 2000. surveys in a short time frame. These mailing address and E-mail address is Randolph L. Kesling, surveys focus on ways to improve provided below. Director, Acquisition and Assistance Division. customer service and to further assist ADDRESSES: The draft solicitation will [FR Doc. 00–23387 Filed 9–11–00; 8:45 am] the public sector. be available for viewing and BILLING CODE 6450±01±P Requests for copies of the proposed downloading from NETL’s Homepage at information collection request may be http://www.netl.doe.gov/business. The accessed from http://edicsweb.ed.gov, or final version of the solicitation along should be addressed to Vivian Reese, with all amendments will be posted on Department of Education, 400 Maryland the NETL Homepage; applicants are Avenue, SW, Room 4050, Regional therefore encouraged to periodically
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DEPARTMENT OF ENERGY DEPARTMENT OF ENERGY DEPARTMENT OF ENERGY
Federal Energy Regulatory Federal Energy Regulatory Federal Energy Regulatory Commission Commission Commission [Docket No. RP00±524±000] [Docket No. RP00±512±000] [Docket No. RP00±510±000] ANR Pipeline Company; Notice of Algonquin LNG, Inc.; Notice of Mississippi River Transmission Proposed Changes in FERC Gas Tariff Proposed Changes in FERC Gas Tariff Corporation; Notice of Proposed September 6, 2000. Changes in FERC Gas Tariff September 6, 2000. Take notice that on August 31, 2000, Take notice that on August 31, 2000, September 6, 2000. ANR Pipeline Company (ANR) tendered Algonquin LNG, Inc. (ALNG) tendered for filing as part of itS FERC Gas Tariff, Take notice that on August 31, 2000, Second Revised Volume No. 1, the for filing as part of its FERC Gas Tariff, Mississippi River Transmission First Revised Volume No. 1, the following tariff sheets proposed to Corporation (MRT) tendered for filing as become effective September 1, 2000: following revised tariff sheets to become part of its FERC Gas Tariff, Third effective as indicated: Forty-third Revised Sheet No. 8 Revised Volume No. 1, the following Forty-third Revised Sheet No. 9 To Be Effective on March 27, 2000 tariff sheets to be effective March 27, Forty-second Revised Sheet No. 13 Third Revised Sheet No. 55 2000: Fifty-second Revised Sheet No. 18 Fourth Revised Sheet No. 557A Third Revised Sheet No. 165 ANR states that the above-referenced Second Revised Sheet No. 62 Fourth Revised Sheet No. 169 tariff sheets are being filed to implement Second Revised Sheet No. 64 Fifth Revised Sheet No. 170 recovery of approximately $2 million of Fourth Revised Sheet No. 64A above-market costs that are associated Fifth Revised Sheet No. 65 MRT states that the purpose of this with its obligations to Dakota Fourth Revised Sheet No. 66 filing is to remove tariff provisions Gasification Company (Dakota). ANR To Be Effective on September 1, 2000 inconsistent with the two-year waiver of proposes a reservation surcharge Fourth Revised Sheet No. 51 the maximum rate ceiling for short-term applicable to its Part 284 firm capacity release transactions effected by transportation customers to collect ALNG states that the purpose of this Order No. 637. ninety percent (90%) of the Dakota filing is to comply with the Any person desiring to be heard or to costs, and an adjustment to the requirements of Order No. 637 regarding protest said filing should file a motion maximum base tariff rates of Rate the waiver of the rate ceiling for short- Schedule ITS and overrun rates to intervene or a protest with the term capacity release transactions and applicable to Rate Schedule FTS–2, so Federal Energy Regulatory Commission, the prospective limitations on the as to recover the remaining ten percent availability of the Right-of-First-Refusal. 888 First Street, N.E., Washington, D.C. (10%). ANR also advises that the 20426, in accordance with Sections ALNG states that copies of the filing proposed changes would decrease 385.214 or 385.211 of the Commission’s current quarterly Above-Market Dakota were mailed to all affected customers Rules and Regulations. All such motions and interested state commissions. Cost recoveries from $2,543,133 to or protests must be filed in accordance $2,023,299. Any person desiring to be heard or to with Section 154.210 of the Any person desiring to be heard or to protest said filing should file a motion Commission’s Regulations. Protests will protest said filing should file a motion to intervene or a protest with the be considered by the Commission in to intervene or a protest with the Federal Energy Regulatory Commission, determining the appropriate action to be Federal Energy Regulatory Commission, 888 First Street, N.E., Washington, D.C. taken, but will not serve to make 888 First Street, NE., Washington, DC 20426, in accordance with Sections protestants parties to the proceedings. 20426, in accordance with Sections 385.214 or 385.211 of the Commission’s Any person wishing to become a party 385.214 or 385.211 of the Commission’s Rules and Regulations. All such motions must file a motion to intervene. Copies Rules and Regulations. All such motions or protests must be filed in accordance of this filing are on file with the or protests must be filed in accordance with Section 154.210 of the Commission and are available for public with Section 154.210 of the Commission’s Regulations. Protests will Commission’s Regulations. Protests will be considered by the Commission in inspection in the Public Reference Room. This filing may be viewed on the be considered by the Commission in determining the appropriate action to be determining the appropriate action to be web at http://www.ferc.fed.us/online/ taken, but will not serve to make taken, but will not serve to make protestants parties to the proceedings. rims.htm (call 202–208–2222 for protestants parties to the proceedings. Any person wishing to become a party assistance). Any person wishing to become a party must file a motion to intervene. Copies David P. Boergers, must file a motion to intervene. Copies of this filing are on file with the Secretary. of this filing are on file with the Commission and are available for public Commission and are available for public [FR Doc. 00–23312 Filed 9–11–00; 8:45 am] inspection in the Public Reference inspection in the Public Reference Room. This filing may be viewed on the BILLING CODE 6717±01±M Room. This filing may be viewed on the web at http://www.ferc.fed.us/online/ web at http://www.ferc.fed.us/online/ rims.htm (call 202–208–2222 for rims.hti (call 202–208–2222 for assistance). assistance). David P. Boergers, David P. Boergers, Secretary. Secretary. [FR Doc. 00–23310 Filed 9–11–00; 8:45 am] [FR Doc. 00–23300 Filed 9–11–00; 8:45 am] BILLING CODE 6717±01±M BILLING CODE 6717±01±M
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DEPARTMENT OF ENERGY Federal Energy Regulatory Commission, without further notice before the 888 First Street, NE, Washington, DC Commission or its designee on this Federal Energy Regulatory 20426, a motion to intervene or a protest application if no motion to intervene is Commission in accordance with the requirements of filed within the time required herein, if [Docket No. CP00±447±000] the Commission’s Rules of Practice and the Commission on its own review of Procedure (18 CFR 385.214 or 385.211) the matter finds that a grant of the Distrigas of Massachusetts LLC; and the Regulations under the NGA (18 certificate is required by the public Notice of Application CFR 157.10). All protests filed with the convenience and necessity. If a motion Commission will be considered by it in for leave to intervene is timely filed, or September 6, 2000. determining the appropriate action to be if the Commission on its own motion Take notice that on August 28, 2000, taken but will not serve to make the believes that a formal hearing is Distrigas of Massachusetts LLC protestants parties to the proceeding. (DOMAC), Two Seaport Lane, Suite Any person wishing to become a party required, further notice of such hearing 1300, Boston, Massachusetts 02210– to a proceeding or to participate as a will be duly given. 2019, filed a request with the party in any hearing therein must file a Under the procedure herein provided Commission in Docket No. CP00–447– motion to intervene in accordance with for, unless otherwise advised, it will be 000 pursuant to Section 7(c) of the the Commission’s Rules. Any questions unnecessary for DOMAC to appear or be Natural Gas Act (NGA) for authorization regarding the application should be represented at the hearing. to construct, install, operate, and directed to Robert A. Nailling, Senior maintain facilities at its liquefied Counsel, Distrigas of Massachusetts David P. Boergers, natural gas (LNG) terminal in Everett, LLC, Two Seaport Lane, Suite 1300, Secretary. Massachusetts, to provide LNG sales Boston, Massachusetts 02210–2019, [FR Doc. 00–23288 Filed 9–11–00; 8:45 am] service to an electric power generation telephone (617) 526–8300. BILLING CODE 6717±01±M plant under construction by Sithe A person obtaining intervenor status Mystic Development LLC (Sithe) in will be placed on the service list Everett, Massachusetts, all as more fully maintained by the Secretary of the DEPARTMENT OF ENERGY set forth in the application which is Commission and will receive copies of open to the public for inspection. This all documents filed by the applicant and Federal Energy Regulatory application may be viewed on the web by everyone of the intervenors. An Commission at http://www.ferc.fed.us/online/ intervenor can file for rehearing of any rims.htm (call 202–208–2222 for Commission order and can petition for [Project No. 2232±407] assistance). court review of any such order. DOMAC states that it would However, an intervenor must submit Duke Energy Corporation; Notice of construct, install, operate, and maintain copies of comments or any filing it Meeting new vaporization equipment and makes with the Commission to every associated systems needed to serve other intervenor in the proceeding, as September 6, 2000. Sithe and to optimize the operating well as 14 copies with the Commission. efficiency and productivity of the A person does not have to intervene, Take notice that the Commission staff combined vaporization systems of the however, in order to have comments will hold a pubic meeting with Duke LNG plant. DOMAC also states that the considered. A person, instead, may Energy Corporation, the licensee for the proposed facilities would be located submit two copies of comments to the Catawba-Wateree Project No. 2232, entirely within the existing boundaries Secretary of the Commission. Charlotte-Mecklenburg Utilities, their of the LNG plant. Specifically, DOMAC Commenters will be placed on the consultant and other interested parties proposes to install four submerged Commission’s environmental mailing to discuss the issues concerning the combustion vaporization units, each list, will receive copies of preparation of the environmental having a send-out capacity of 150,000 environmental documents and will be assessment for the amendment of Mcf per day of natural gas. The able to participate in meetings license. vaporizers would be integrated into associated with the Commission’s The meeting will be held on DOMAC’s existing LNG plant with an environmental review process. Thursday, September 21, 2000, at 2 arrangement of cross-connections and Commenters will not be required to p.m., at the FERC Headquarters, 888 tie-ins. In addition to the vaporizers, serve copies of filed documents on all First Street, Washington DC, 20426. cross-connections, and tie-ins, the other parties. However, commenters Expected participants need to give their proposed facilities would include new will not receive copies of all documents LNG tank pumps, LNG booster pumps, filed by other parties or issued by the names to Michael Spencer (FERC) at LNG impoundment and vapor control Commission and will not have the right (202) 219–2846 so that they can get systems, equipment for treatment of to seek rehearing or appeal the through security. All interested persons stack effluent, equipment for automatic Commission’s final order at a federal are invited to attend the meeting. read-out and treatment of water court. For further information, please discharge, a distributed control system, The Commission will consider all contact Michael Spencer at (202) 219– and odorization equipment, all as more comments and concerns equally, 2846. fully set forth in the application. whether filed by commenters or those DOMAC further states that it would requesting intervenor status. David P. Boergers, finance the estimated $35,040,000 Take further notice that, pursuant to Secretary. construction cost for the proposed the authority contained in and subject to [FR Doc. 00–23290 Filed 9–11–00; 8:45 am] facilities entirely with funds on hand. the jurisdiction conferred upon the BILLING CODE 6717±01±M Any person desiring to be heard or to Federal Energy Regulatory Commission make any protest with reference to said by Sections 7 and 15 of the NGA and the application should on or before Commission’s Rules of Practice and September 27, 2000, file with the Procedure, a hearing will be held
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DEPARTMENT OF ENERGY /www.ferc.fed.us/online/rims.htm (call DEPARTMENT OF ENERGY 202–208–2222 for assistance). Federal Energy Regulatory Federal Energy Regulatory David P. Boergers, Commission Commission Secretary. [FR Doc. 00–23296 Filed 9–11–00; 8:45 am] [Docket No. ER00±3219±000] [Docket No. RP00±±394±001] BILLING CODE 6717±01±M EnergyUSA±TPC Corporation; Notice KO Transmission Company; Notice of of Issuance of Order Tariff Filing DEPARTMENT OF ENERGY September 6, 2000. September 6, 2000. EnergyUSA–TPC Corporation Federal Energy Regulatory (EnergyUSA) submitted for filing a rate Commission Take notice that on August 25, 2000, schedule under which EnergyUSA will KO Transmission Company (KOT) engage in wholesale electric power and [Docket No. RP00±521±000] tendered for filing as part of its FERC Gas Tariff, Original Volume No. 1, the energy transactions at market-based Kinder Morgan Interstate Gas rates. EnergyUSA also requested waiver following revised tariff sheets, to be Transmission LLC; Notice of Tariff effective March 27, 2000: of various Commission regulations. In Filing particular, EnergyUSA requested that Second Revised Sheet No. 50 the Commission grant blanket approval September 6, 2000 Second Revised Sheet No. 51 under 18 CFR Part 34 of all future Take notice that on August 31, 2000, Second Revised Sheet No. 52 issuances of securities and assumptions Kinder Morgan Interstate Gas Second Revised Sheet No. 53 of liability by EnergyUSA. Transmission LLC, (KMIGT) tendered Second Revised Sheet No. 54 On August 24, 2000, pursuant to for filing as part of its FERC Gas Tariff, delegated authority, the Director, Second Revised Volume Nos. 1–C and Pursuant to the Commission’s Order Division on Corporate Applications, 1–D, the following tariff sheets, to No. 637, KOT has modified its capacity Office of Markets, Tariffs and Rates, become effective October 1, 2000: release provisions, as set forth in GTC Section 4 of its tariff, to remove the granted requests for blanket approval Second Revised Volume 1–C under Part 34, subject to the following: maximum price cap for short-term 1st Rev. Original Sheet No. 0 Within thirty days of the date of the capacity release transactions. The order, any person desiring to be heard Second Revised Volume 1–D pertinent tariff provisions are to be or to protest the blanket approval of effective from March 27, 2000 through 1st Rev. Original Sheet No. 0 issuances of securities or assumptions of September 30, 2002, unless otherwise KMIGT is making this filing to cancel liability by EnergyUSA should file a extended by the Commission. all of its tariff sheets included in motion to intervene or protest with the Volume Nos. 1–C and 1–D of its FERC Any person desiring to protest this Federal Energy Regulatory Commission, Gas Tariff as result of the sale of filing should file a protest with the 888 First Street, N.E., Washington, D.C. KMIGT’s Buffalo Wallow assets to Federal Energy Regulatory Commission, 20426, in accordance with Rules 211 OkTex Pipeline Company, an interstate 888 First Street, N.E., Washington, DC and 214 of the Commission’s Rules of pipeline. 20426, in accordance with Section Practice and Procedure (18 CFR 385.211 Any person desiring to be heard or to 385.211 of the Commission’s Rules and and 385.214). protest said filing should file a motion Regulations. All such protests must be Absent a request for hearing within to intervene or a protest with the filed as provided in Section 154.210 of this period, EnergyUSA is authorized to Federal Energy Regulatory Commission, the Commission’s Regulations. Protests issue securities and assume obligations 888 First Street NE., Washington, DC or liabilities as a guarantor, indorser, will be considered by the Commission 20426, in accordance with Sections in determining the appropriate action to surety, or otherwise in respect of any 385.214 or 385.211 of the Commission’s security of another person; provided be taken, but will not serve to make Rules and Regulations. All such motions protestants parties to the proceedings. that such issuance or assumption is for or protests must be filed in accordance some lawful object within the corporate Copies of this filing are on file with the with Section 154.210 of the Commission and are available for public purposes of the applicant, and Commission’s Regulations. Protests will compatible with the public interest, and inspection in the Public Reference be considered by the Commission in Room. This filing may be viewed on the is reasonably necessary or appropriate determining the appropriate action to be web at http://www.ferc.fed.us/online/ for such purposes. taken, but will not serve to make rims.htm (call 202–208–2222 for The Commission reserves the right to protestants parties to the proceedings. assistance). require a further showing that neither Any person wishing to become a party public nor private interests will be must file a motion to intervene. Copies David P. Boergers, adversely affected by continued of this filing are on file with the approval of EnergyUSA’s issuances of Secretary. Commission and are available for public [FR Doc. 00–23287 Filed 9–11–00; 8:45 am] securities or assumptions of liability. inspection in the Public Reference Notice is hereby given that the Room. This filing may be viewed on the BILLING CODE 6717±01±M deadline for filing motions to intervene web at http://www.ferc.fed.us/online/ or protests, as set forth above, is rims.htm (call 202–208–2222 for September 25, 2000. assistance). Copies of the full text of the Order are available from the Commission’s Public David P. Boergers, Reference Branch, 888 First Street, N.E., Secretary. Washington, D.C. 20426. The Order may [FR Doc. 00–23303 Filed 9–11–00; 8:45 am] also be viewed on the Internet at http:/ BILLING CODE 6717±01±M
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DEPARTMENT OF ENERGY is reasonably necessary or appropriate originally filed these tariff changes as for such purposes. part of the pro forma tariff sheets filed Federal Energy Regulatory The Commission reserves the right to July 17, 2000 in Docket No. RP00–396– Commission require a further showing that neither 000. [Docket No. ER00±3190±000] public nor private interests will be MGSCo states that copies of this filing adversely affected by continued are being served on all customers and MI Energy, LLC; Notice of Issuance of approval of MI Energy’s issuances of applicable state regulatory agencies. Order securities or assumptions of liability. Any person desiring to be heard or to Notice is hereby given that the protest said filing should file a motion September 6, 2000. deadline for filing motions to intervene to intervene or a protest with the MI Energy, LLC (MI Energy) or protests, as set forth above, is Federal Energy Regulatory Commission, submitted for filing a rate schedule September 29, 2000. 888 First Street, NE, Washington, DC under which MI Energy will engage in Copies of the full text of the Order are 20426, in accordance with Sections wholesale electric power and energy available from the Commission’s Public 385.214 or 385.211 of the Commission’s transactions at market-based rates. MI Reference Branch, 888 First Street, N.E., Rules and Regulations. All such motions Energy also requested waiver of various Washington, D.C. 20426. The Order may or protests must be filed in accordance Commission regulations. In particular, also be viewed on the Internet at http:/ with Section 154.210 of the MI Energy requested that the /www.ferc.fed.us/online/rims.htm (call Commission’s Regulations. Protests will Commission grant blanket approval 202–208–2222 for assistance). be considered by the Commission in under 18 CFR Part 34 of all future determining the appropriate action to be David P. Boergers, issuances of securities and assumptions taken, but will not serve to make of liability by MI Energy. Secretary. protestants parties to the proceedings. On August 30, 2000, pursuant to [FR Doc. 00–23334 Filed 9–11–00; 8:45 am] Any person wishing to become a party delegated authority, the Director, BILLING CODE 6717±01±M must file a motion to intervene. Copies Division of Corporate Applications, of this filing are on file with the Office of Markets, Tariffs and Rates, Commission and are available for public granted requests for blanket approval DEPARTMENT OF ENERGY inspection in the Public Reference under Part 34, subject to the following: Room. This filing may be viewed on the Within thirty days of the date of the Federal Energy Regulatory Commission web at http://www.ferc.fed.us/online/ order, any person desiring to be heard rims.htm (call 202–208–2222 for or to protest the blanket approval of [Docket No. RP00±523±000] assistance). issuances of securities or assumptions of liability by MI Energy should file a Michigan Gas Storage Company; David P. Boergers, motion to intervene or protest with the Notice of Proposed Changes in FERC Secretary. Federal Energy Regulatory Commission, Gas Tariff [FR Doc. 00–23301 Filed 9–11–00; 8:45 am] 888 First Street, N.E., Washington, D.C. BILLING CODE 6717±01±M 20426, in accordance with Rules 211 September 6, 2000. and 214 of the Commission’s Rules of Take notice that on August 31, 2000, Practice and Procedure (18 CFR 385.211 Michigan Gas Storage Company DEPARTMENT OF ENERGY and 385.214). (MGSCo) tendered for filing as part of its Absent a request for hearing within FERC Gas Tariff, First Revised Volume Federal Energy Regulatory this period, MI Energy is authorized to No. 1, Third Revised Tariff Sheet No. 61 Commission issue securities and assume obligations and Third Revised Tariff Sheet No. 63, or liabilities as a guarantor, indorser, with an effective date of March 27, [Docket No. EL00±91±000; et al.] surety, or otherwise in respect of any 2000. Morgan Stanley Capital Group Inc. v. security of another person; provided MGSCo states that the filing is being California Independent System that such issuance or assumption is for made in compliance with Order Nos. Operator Corporation, et al.; Notice of some lawful object within the corporate 637 and 637–A, regarding the removal Meeting purposeS of the applicant, and of the maximum ceiling rate for capacity compatible with the public interest, and release transactions. MGSCo had September 6, 2000.
Morgan Stanley Capital Group Inc. v. California Independent System Operator Corporation ...... Docket No. EL00–91–000 San Diego Gas & Electric Company v. Sellers of Energy and Ancillary Services Into Markets Operated by Docket No. EL00–95–000 the California Independent System Operator and the California Power Exchange. Investigation of Practices of the California Independent System Operator and the California Power Ex- Docket No. EL00–98–000 change. Reliant Energy Power Generation, Inc., Dynegy Power Marketing, Inc., and Southern Energy California, Docket No. EL00–97–000 L.L.C. v. California Independent System Operator Corporation. California Electricity Oversight Board v. All Sellers of Energy and Ancillary Services Into the Energy and Docket No. EL00–104–000 Ancillary Services Markets Operated by the California Independent System Operator Corporation and the California Power Exchange; All Scheduling Coordinators Acting On behalf of the Above Sellers; California Independent System Operator Corporation; and California Power Exchange Corporation. California Independent System Operator Corporation ...... Docket No. ER00–2208–000 El Segundo Power, LLC ...... Docket No. ER00–1830–000 California Independent System Operator Corporation ...... Docket No. ER00–2383–000 Southern Energy Delta, L.L.C ...... Docket No. ER00–2726–000 Southern Energy Potrero, L.L.C ...... Docket No. ER00–2727–000 Sempra Energy Trading Corporation ...... Docket No. ER00–3473–000 California Independent System Operator Corporation ...... Docket No. ER00–1239–000 California Independent System Operator Corporation ...... Docket No. ER00–1365–000
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Southern California Edison Company ...... Docket No. ER00–845–000 Pacific Gas and Electric Company ...... Docket No. ER00–851–000 San Diego Gas & Electric Company ...... Docket No. ER00–860–000 California Independent System Operator Corporation ...... Docket No. ER98–3594–000 California Independent System Operator Corporation ...... Docket No. ER99–4462–000 San Diego Gas & Electric Company ...... Docket No. ER99–3426–000 California Independent System Power Corporation ...... Docket Nos. ER98–3760–000; EC96–19–000; ER96–1663– 000 California Independent System Operator Corporation ...... Docket No. ER00–997–000 California Independent System Operator Corporation ...... Docket No. ER00–703–000 El Segundo Power, LLC ...... Docket No. ER98–2971–000 Long Beach Generation, LLC ...... Docket No. ER98–2972–000 AES Redondo Beach, L.L.C...... Docket No. ER98–2843–000 AES Huntington Beach, L.L.C ...... Docket No. ER98–2844–000 AES Alamitos, L.L.C ...... Docket No. ER98–2883–000 Ocean Vista Power Generation, L.L.C.; Mountain Vista Power Generation, L.L.C.; Alta Power Generation, Docket No. ER98–2977–000 L.L.C.; Oeste Power Generation, L.L.C.; Ormond Beach Power Generation, L.L.C.. Williams Energy Services Company ...... Docket No. ER98–3106–000 Duke Energy Oakland, L.L.C...... Docket No. ER98–3416–000 Duke Energy Morro Bay, L.L.C...... Docket No. ER98–3417–000 Duke Energy Moss Landing, L.L.C...... Docket No. ER98–3418–000 Sempra Energy Trading Corporation ...... Docket No. ER98–4497–000 San Diego Gas & Electric Company ...... Docket No. ER98–4498–000 California Independent System Operator Corporation ...... Docket No. ER99–1971–000 Pacific Gas & Electric Company ...... Docket Nos. ER98–495–000; ER98–1614–000; ER98–2145– 000; ER98–3603–000 San Diego Gas & Electric Company ...... Docket Nos. ER98–496–000, ER98–2160–000 California Independent System Operator Corporation ...... Docket No. ER99–1770–000 California Independent System Operator Corporation ...... Docket No. ER99–3301–000 California Independent System Operator Corporation ...... Docket No. ER99–896–000
The Commission will hold a public DEPARTMENT OF ENERGY 888 First Street, N.E., Washington, D.C. meeting on September 12, 2000 in San 20426, in accordance with Sections Diego, California, to discuss Federal Energy Regulatory 385.214 or 385.211 of the Commission’s participants’ views on recent events in Commission Rules and Regulations. All such motions or protests must be filed in accordance California’s wholesale electric power [Docket No. RP00±511±000] markets. During the course of this with Section 154.210 of the meeting, discussion of issues pending in National Fuel Gas Supply Corporation; Commission’s Regulations. Protests will the above-listed cases could arise. Any Notice of Tariff Filing be considered by the Commission in person having an interest in wholesale determining the appropriate action to be power prices in California, including September 6, 2000. taken, but will not serve to make any party in the above-listed cases, is Take notice that on August 31, 2000, protestants parties to the proceedings. invited to attend. There will be a National Fuel Gas Supply Corporation Any person wishing to become a party (National) tendered for filing as part of must file a motion to intervene. Copies Commission transcript of this its FERC Gas Tariff, Fourth Revised of this filing are on file with the discussion. Information discussed or Volume No. 1, the following tariff sheet Commission and are available for public disseminated in the meeting will not to become effective September 1, 2000. inspection in the Public Reference constitute part of the decisional record Twenty Sixth Revised Sheet No. 9 Room. This filing may be viewed on the in the above-listed cases, unless web at http://www.ferc.fed.us/online/ formally filed in accordance with National states that under Article II, rims.htm (call 202–208–2222 for Commission regulations, except that the Section 2, of the settlement, it is assistance). Commission may elect to place the required to recalculate the maximum transcript in the official record of Interruptible Gathering (IG) rate David P. Boergers, Docket Nos. EL00–95–000 and EL00– monthly and to charge that rate on the Secretary. 98–000. Additional information about first day of the following month if the [FR Doc. 00–23311 Filed 9–11–00; 8:45 am] the meeting may be obtained from the result is an IG rate more than 2 cents BILLING CODE 6717±01±M Commission’s web page at above or below the IG rate as calculated www.ferc.fed.us/public/Sandieg.htm. under Section 1 of Article II. The recalculation produced an IG rate of 24 DEPARTMENT OF ENERGY David P. Boergers, cents per dth. In addition, Article III, [Docket No. ER00±3240±000] Secretary. Section 1 states that any overruns of the [FR Doc. 00–23475 Filed 9–11–00; 8:45 am] Firm Gathering service provided by Oleander Power Project, Limited BILLING CODE 6717±01±P National shall be priced at the Partnership; Notice of Issuance of maximum IG rate. Order Any person desiring to be heard or to protest said filing should file a motion September 6, 2000. to intervene or a protest with the Oleander Power Project, Limited Federal Energy Regulatory Commission, Partnership (Oleander) submitted for
VerDate 112000 16:45 Sep 11, 2000 Jkt 190000 PO 00000 Frm 00025 Fmt 4703 Sfmt 4703 E:\FR\FM\12SEN1.SGM pfrm01 PsN: 12SEN1 55014 Federal Register / Vol. 65, No. 177 / Tuesday, September 12, 2000 / Notices filing a rate schedule under which DEPARTMENT OF ENERGY DEPARTMENT OF ENERGY Oleander will engage in wholesale electric power and energy transactions Federal Energy Regulatory Federal Energy Regulatory at market-based rates. Oleander also Commission Commission requested waiver of various Commission [Project No. 2030±030; Project No. 11832± regulations. In particular, Oleander [Docket No. RP00±522±000] 000] requested that the Commission grant Panhandle Eastern Pipe Line blanket approval under 18 CFR Part 34 Portland General Electric Company; Company; Notice of Proposed The Confederated Tribes of the Warm of all future issuances of securities and Changes in FERC Gas Tariff assumptions of liability by Oleander. Springs Reservation of Oregon; Notice of Meeting On August 30, 2000, pursuant to September 6, 2000. delegated authority, the Director, Take notice that on August 31, 2000, September 6, 2000. Division of Corporate Applications, Panhandle Eastern Pipe Line Company At the request of Portland General Office of Markets, Tariffs and Rates, (Panhandle) tendered for filing as part of Electric Company and The Confederated granted requests for blanket approval its FERC Gas Tariff, First Revised Tribes of the Warm Springs Reservation Volume No. 1, Fourth Revised Sheet No. under Part 34, subject to the following: of Oregon, a meeting will be convened 326, to be effective October 1, 2000. by staff of the Office of Energy Projects Within thirty days of the date of the Panhandle states that the purpose of on September 19, 2000, at 8:30 a.m., 888 order, any person desiring to be heard this filing is to facilitate compliance First Street NE., Washington, DC. The or to protest the blanket approval of with the Commission’s Regulation of purpose of this meeting is to discuss issuances of securities or assumptions of Short-Term Natural Gas Transportation procedures for filing a joint amendment liability by Oleander should file a Service, and Regulation of Interstate to the Pelton Round Butte applications. motion to intervene or protest with the Natural Gas Transportation Services in However, other issues may be discussed Federal Energy Regulatory Commission, Docket Nos. RM98–10–000 and RM98– as time permits. 888 First Street, N.E., Washington, D.C. 12–000 issued on February 9, 2000, 90 Any person wishing to attend or 20426, in accordance with Rules 211 FERC ¶ 61,109 (Order No. 637) and the needing additional information should and 214 of the Commission’s Rules of revised reporting requirements in contact Nan Allen at (202) 219–2938 or Practice and Procedure (18 CFR 385.211 Section 161.3(1)(2) of the Commission’s e-mail at [email protected]. and 385.214). Regulations. Specifically, the proposed changes remove the shared operating David P. Boergers, Absent a request for hearing within personnel and facilities information Secretary. this period, Oleander is authorized to from the tariff. Under the Commission’s [FR Doc. 00–23292 Filed 9–11–00; 8:45 am] issue securities and assume obligations revised regulations this information will BILLING CODE 6717±01±M or liabilities as a guarantor, indorser, not be available on Panhandle’s Internet surety, or otherwise in respect of any web site. security of another person; provided Panhandle states that copies of this DEPARTMENT OF ENERGY that such issuance or assumption is for filing are being served on all affected some lawful object within the corporate customers and applicable state Federal Energy Regulatory purposes of the applicant, and regulatory agencies. Commission compatible with the public interest, and Any person desiring to be heard or to [Docket No. RP00±509±000] is reasonably necessary or appropriate protest said filing should file a motion for such purposes. to intervene or a protest with the Reliant Energy Gas Transmission Company; Notice of Proposed The Commission reserves the right to Federal Energy Regulatory Commission, Changes in FERC Gas Tariff require a further showing that neither 888 First Street, NE., Washington DC 20426, in accordance with Sections public nor private interests will be September 6, 2000. 385.214 or 385.211 of the Commission’s adversely affected by continued Take notice that on August 31, 2000, Rules and Regulations. All such motions approval of Oleander’s issuances of Reliant Energy Gas Transmission or protests must be filed in accordance securities or assumptions of liability. Company (REGT) tendered for filing as with Section 154.210 of the part of its FERC Gas Tariff, Fifth Revised Notice is hereby given that the Commission’s Regulations. Protests will Volume No. 1, the following tariff sheets deadline for filing motions to intervene be considered by the Commission in to be effective March 27, 2000: or protests, as set forth above, is determining the appropriate action to be September 29, 2000. taken, but will not serve to make First Revised Sheet No. 398 First Revised Sheet No. 406 Copies of the full text of the Order are protestants parties to the proceedings. Any person wishing to become a party First Revised Sheet No. 412 available from the Commission’s Public First Revised Sheet No. 414 Reference Branch, 888 First Street, N.E., must file a motion to intervene. Copies REGT states that the purpose of this Washington, D.C. 20426. The Order may of this filing are on file and the filing is to remove tariff provisions also be viewed on the Internet at http:/ Commission and are available for public inspection in the Public Reference inconsistent with the two-year waiver of /www.ferc.fed.us/online/rims.htm (call Room. This filing may be viewed on the the maximum rate ceiling for short-term 202–208–2222 for assistance). web at http://www.ferc.fed.us/online/ capacity release transactions effected by David P. Boergers, rims.htm (call 202–208–2222 for Order No. 637. Any person desiring to be heard or to Secretary. assistance). protest said filing should file a motion [FR Doc. 00–23298 Filed 9–11–00; 8:45 am] David P. Boergers, to intervene or a protest with the BILLING CODE 6717±01±M Secretary. Federal Energy Regulatory Commission, [FR Doc. 00–23302 Filed 9–11–00; 8:45 am] 888 First Street, NE., Washington, DC BILLING CODE 6717±01±M 20426, in accordance with Sections
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385.214 or 385.211 of the Commission’s 20426, in accordance with Sections pending, it may use the NPV method to Rules and Regulations. All such motions 385.214 or 385.211 of the Commission’s evaluate pending requests if capacity or protests must be filed in accordance Rules and Regulations. All such motions becomes available. Such tariff with Section 154.210 of the or protests must be filed in accordance provisions shall apply to capacity that is Commission’s Regulations. Protests will with Section 154.210 of the or becomes available—not to expansion be considered by the Commission in Commission’s Regulations. Protests will capacity. Southern may, however, determining the appropriate action to be be considered by the Commission in reserve capacity that becomes available taken, but will not serve to make determining the appropriate action to be or is going to become available for an protestants parties to the proceedings. taken, but will not serve to make open season relating to an expansion. Any person wishing to become a party protestants parties to the proceedings. If Southern reserves such capacity, it must file a motion to intervene. Copies Any person wishing to become a party will pose such reservation on its website of this filing are on file with the must file a motion to intervene. Copies and it will not award that capacity Commission and are available for public of this filing are on file with the unless it rescinds its reservation on the inspection in the Public Reference Commission and are available for public website. Such open season will be held Room. This filing may be viewed on the inspection in the Public Reference the later of one year from the date of the web at http://www.ferc.fed.us/online/ Room. This filing may be viewed on the reservation or one year from the date the rims. htm (call 202–208–2222 for web at http://www.ferc.fed.us/online/ capacity becomes available. In the event assistance). rims.htm (call 202–208–2222 for Southern holds an open season for the assistance). capacity, it may set a reserve price for David P. Boergers, the capacity. If it does not post the David P. Boergers, Secretary. reserve price it must establish with a [FR Doc. 00–23286 Filed 9–11–00; 8:45 am] Secretary. reputable third party that it set the BILLING CODE 6717±01±M [FR Doc. 00–23299 Filed 9–11–00; 8:45 am] reserve price prior to the open season BILLING CODE 6717±01±M unless it blinds the identity of the bids by having bidders submit the bids to the DEPARTMENT OF ENERGY third party. If the identity of the bidders DEPARTMENT OF ENERGY Federal Energy Regulatory is unknown to Southern, then Southern Commission Federal Energy Regulatory may establish the reserve price after it Commission views the bid prices. [Docket No. RP00±526±000] Southern will continue to award [Docket No. RP00±514±000] Receipt Point changes on a first-come, Sea Robin Pipeline Company; Notice first-served basis, but delivery point of Proposed Changes in FERC Gas Southern Natural Gas Company; changes will be awarded in conjunction Tariff Notice of Proposed Changes to FERC with the new NPV methodology. Both Gas Tariff September 6, 2000. delivery point changes and receipt point Take notice that on August 31, 2000, September 6, 2000. changes will be designated a NPV of Sea Robin Pipeline Company (Sea Take notice that on August 31, 2000, zero, unless other consideration is Robin) tendered for filing as part of its Southern Natural Gas Company given. FERC Gas Tariff, First Revised Volume (Southern) tendered for filing as part of In addition, as part of the net present No. 1, Fourth Revised Sheet No. 58, to its FERC Gas Tariff, Seventh Revised value procedures, Southern is changing be effective October 1, 2000. Volume No. 1, the following revised the timeframe in which executed Sea Robin states that the purpose of tariff sheets to become effective October contracts must be returned to Southern this filing is to facilitate compliance 1, 2000: from thirty (30) days to five (5) days. Southern has requested to place the with the Commission’s Regulation of Fourth Revised Sheet No. 101 Short-Term Natural Gas Transportation Original Sheet No. 101A new capacity award methodology into Service, and Regulation of Interstate Original Sheet No. 101B effect October 1, 2000. Natural Gas Transportation Services in First Revised Sheet No. 102 Any person desiring to be heard or to Docket Nos. RM98–10–000 and RM98– Original Sheet No. 102A protest said filing should file a motion 12–000 issued on February 9, 2000, 90 Second Revised Sheet No. 104 to intervene or a protest with the FERC ¶ 61,109 (Order No. 637) and the Third Revised Sheet No. 116 Federal Energy Regulatory Commission, revised reporting requirements in Fourth Revised Sheet No. 117 888 First Street, N.E., Washington, D.C. Section 161.3(1)(2) of the Commission’s Southern states that the tariff sheets 20426, in accordance with Sections Regulations. Specifically, the proposed filed by Southern set forth the terms and 385.214 or 385.211 of the Commission’s changes remove the shared operating conditions under which Southern Rules and Regulations. All such motions personnel and facilities information proposes to implement a new method of or protests must be filed in accordance from the tariff. Under the Commission’s awarding firm capacity on its system. with Section 154.210 of the revised regulations this information will Southern proposes to replace its first- Commission’s Regulations. Protests will now be available on Sea Robin’s Internet come, first-served method with a net be considered by the Commission in web site. present value method (NPV). The NPV determining the appropriate action to be Sea Robin states that copies of this method will be based on objective taken, but will not serve to make filing are being served on all affected criteria which Southern will be required protestants parties to the proceedings. customers and applicable state to post. Any person wishing to become a party regulatory agencies. Southern requests evaluated at the must file a motion to intervene. Copies Any person desiring to be heard or to same time must be evaluated under the of this filing are on file with the protest said filing should file a motion same criteria. Commission and are available for public to intervene or a protest with the Southern states that it may have an inspection in the Public Reference Federal Energy Regulatory Commission, open season or it may award requests as Room. This filing may be viewed on the 888 First Street, NE., Washington, DC they are submitted or, if they are web at http://www.ferc.fed.us/online/
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[FR Doc. 00–23305 Filed 9–11–00; 8:45 am] DEPARTMENT OF ENERGY BILLING CODE 6717±01±M DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Federal Energy Regulatory DEPARTMENT OF ENERGY Commission [Docket No. RP00±517±000] Federal Energy Regulatory [Docket No. RP00±518±000] Southwest Gas Storage Company; Commission Notice of Proposed Changes in FERC Texas Gas Transmission Corporation; [Docket No. ER00±3262±000] Gas Tariff Notice of Proposed Changes in FERC Gas Tariff Trigen-Cholla LLC; Notice of Issuance September 6, 2000. of Order Take notice that on August 31, 2000, September 6, 2000. Southwest Gas Storage Company Take notice that on August 31, 2000, September 6, 2000. (Southwest) tendered for filing as part of Texas Gas Transmission Corporation Trigen-Cholla LLC (Trigen-Cholla) its FERC Gas Tariff, First Revised (Texas Gas) tendered for filing as part of submitted for filing a rate schedule Volume No. 1, First Revised Sheet No. its FERC Gas Tariff, First Revised under which Trigen-Cholla will engage 142, to be effective October 1, 2000. Volume No. 1, Ninth Revised Sheet No. in wholesale electric power and energy Southwest states that the purpose of 14, to become effective November 1, transactions at market-based rates. this filing is to facilitate compliance 2000. Trigen-Cholla also requested waiver of with the Commission’s Regulation of Texas Gas states that the tariff sheet various Commission regulations. In Short-Term Natural Gas Transportation is being filed to establish a revised particular, Trigen-Cholla requested that Service, and Regulation of Interstate Effective Fuel Retention Percentage the Commission grant blanket approval Natural Gas Transportation Services in (EFRP) under the provisions of Section under 18 CFR Part 34 of all future Docket Nos. RM98–10–000 and RM98– 16 ‘‘Fuel Retention’’ as found in the issuances of securities and assumptions 12–000 issued on February 9, 2000, 90 General Terms and Conditions of Texas of liability by Trigen-Cholla. FERC ¶ 61,109 (Order No. 637) and the Gas’s FERC Gas Tariff, First Revised On August 22, 2000, pursuant to revised reporting requirements in Volume No. 1. The revised EFRP may be delegated authority, the Director, Section 161.3(1)(2) of the Commission’s in effect for the annual period Division of Corporate Applications, Regulations. Specifically, the proposed November 1, 2000, through October 31, Office of Markets, Tariffs and Rates, changes remove the shared operating 2001. In general, the instant filing granted requests for blanket approval personnel and facilities information results in a minimal overall annual under Part 34, subject to the following: from the tariff. Under the Commission’s impact on most customers due to the Within thirty days of the date of the revised regulations this will now be fact each season and each zone of order, any person desiring to be heard available on Southwest’s Internet web delivery has some EFRPs that increase or to protest the blanket approval of site. and some that decrease from issuances of securities or assumptions of Southwest states that copies of this percentages charged during the last liability by Trigen-Cholla should file a filing are being served on all affected annual period. motion to intervene or protest with the customers and applicable state Texas Gas states that copies of the Federal Energy Regulatory Commission, regulatory agencies. revised tariff sheets are being mailed to 888 First Street, NE., Washington, DC Any person desiring to be heard or to Texas Gas’s jurisdictional customers 20426, in accordance with Rules 211 protest said filing should file a motion and interested state commissions. and 214 of the Commission’s Rules of to intervene or a protest with the Any person desiring to be heard or to Practice and Procedure (18 CFR 385.211 Federal Energy Regulatory Commission, protest said filing should file a motion and 385.214). 888 First Street, NE., Washington, DC to intervene or a protest with the Absent a request for hearing within 20426, in accordance with Sections Federal Energy Regulatory Commission, this period, Trigen-Cholla is authorized 385.214 or 385.211 of the Commission’s 888 First Street, NE., Washington, DC to issue securities and assume Rules and Regulations. All such motions 20426, in accordance with Sections obligations or liabilities as a guarantor, or protests must be filed in accordance 385.214 or 385.211 of the Commission’s indorser, surety, or otherwise in respect with Section 154.210 of the Rules and Regulations. All such motions of any security of another person; Commission’s Regulations. Protests will or protests must be filed in accordance provided that such issuance or be considered by the Commission in with Section 154.210 of the assumption is for some lawful object determining the appropriate action to be Commission’s Regulations. Protests will within the corporate purposes of the taken, but will not serve to make be considered by the Commission in applicant, and compatible with the protestants parties to the proceedings. determining the appropriate action to be public interest, and is reasonably Any person wishing to become a party taken, but will not serve to make necessary or appropriate for such must file a motion to intervene. Copies protestants parties to the proceedings. purposes. of this filing are on file with the Any person wishing to become a party The Commission reserves the right to Commission and are available for public must file a motion to intervene. Copies require a further showing that neither inspection in the Public Reference of this filing are on file with the public nor private interests will be Room. This filing may be viewed on the Commission and are available for public adversely affected by continued
VerDate 112000 16:45 Sep 11, 2000 Jkt 190000 PO 00000 Frm 00028 Fmt 4703 Sfmt 4703 E:\FR\FM\12SEN1.SGM pfrm01 PsN: 12SEN1 Federal Register / Vol. 65, No. 177 / Tuesday, September 12, 2000 / Notices 55017 approval of Trigen-Cholla’s issuances of or protests must be filed in accordance or protests must be filed in accordance securities or assumptions of liability. with Section 154.210 of the with Section 154.210 of the Notice is hereby given that the Commission’s Regulations. Protests will Commission’s Regulations. Protests will deadline for filing motions to intervene be considered by the Commission in be considered by the Commission in or protests, as set forth above, is determining the appropriate action to be determining the appropriate action to be September 21, 2000. taken, but will not serve to make taken, but will not serve to make Copies of the full text of the Order are protestants parties to the proceedings. protestants parties to the proceedings. available from the Commission’s Public Any person wishing to become a party Any person wishing to become a party Reference Branch, 888 First Street, N.E., must file a motion to intervene. Copies must file a motion to intervene. Copies Washington, D.C. 20426. The Order may of this filing are on file with the of this filing are on file with the also be viewed on the Internet at Commission and are available for public Commission and are available for public http://www.ferc.fed.us/online/rims.htm inspection in the Public Reference inspection in the Public Reference (call 202–208–2222 for assistance). Room. This filing may be viewed on the Room. This filing may be viewed on the David P. Boergers, web at http://www.ferc.fed.us/online/ web at http://www.ferc.fed.us/online/ Secretary. rims.htm (call 202–208–2222 for rims.htm call (202–208–2222 for assistance). assistance). [FR Doc. 00–23295 Filed 9–11–00; 8:45 am] BILLING CODE 6717±01±M David P. Boergers, David P. Boergers, Secretary. Secretary. [FR Doc. 00–23307 Filed 9–11–00; 8:45 am] [FR Doc. 00–23304 Filed 9–11–00; 8:45 am] DEPARTMENT OF ENERGY BILLING CODE 6717±01±M BILLING CODE 6717±01±M Federal Energy Regulatory Commission DEPARTMENT OF ENERGY DEPARTMENT OF ENERGY [Docket No. RP00±516±000] Federal Energy Regulatory Federal Energy Regulatory Trunkline Gas Company; Notice of Commission Commission Proposed Changes in FERC Gas Tariff [Docket No. RP00±520±000] [Docket No. ER00±3315±000] September 6, 2000. Take notice that on August 31, 2000, Trunkline LNG Company; Notice of Westcoast Gas Service Delaware Trunkline Gas Company (Trunkline) Proposed Changes in FERC Gas Tariff (America) Inc.; Notice of Issuance of Order tendered for filing as part of its FERC September 6, 2000. Gas Tariff, First Revised Volume No. 1, Take notice that on August 31, 2000, September 6, 2000. the following revised tariff sheets to be Trunkline NLG Company (TLNG) Westcoast Gas Services Delaware effective October 1, 2000: tendered for filing as part of its FERC (America) Inc. (Westcoast) submitted for Third Revised Sheet No. 2 Gas Tariff, Original Volume No. 1–A, filing a rate schedule under which First Revised Sheet No. 150 Second Revised Sheet No. 108, to be Westcoast electric power and energy Fourth Revised Sheet No. 214 effective October 1, 2000. transactions at market-based rates. Trunkline states that the purpose of TLNG states that the purpose of this Westcoast also requested waiver of this filing is to facilitate compliance filing is to facilitate compliance with the various Commission regulations. In with the Commission’s Regulation of Commission’s Regulation of Short-Term particular, Westcoast requested that the Short-Term Natural Gas Transportation Natural Gas Transportation Service, and Commission grant blanket approval Service, and Regulation of Interstate Regulation of Interstate Natural Gas under 18 CFR Part 34 of all future Natural Gas Transportation Services in Transportation Services in Docket Nos. issuances of securities and assumptions Docket Nos. RM98–10–000 and RM98– RM98–10–000 and RM98–12–000 of liability by Westcoast. 12–000 issued on February 9, 2000, 90 issued on February 9, 2000, 90 FERC On August 03, 2000, pursuant to FERC ¶ 61,109 (Order No. 637) and the ¶ 61,109 (Order No. 637) and the revised delegated authority, the Director, revised reporting requirements in reporting requirements in Section Division of Corporate Applications, Section 161.3(l)(2) of the Commission’s 161.3(1)(2) of the Commission’s Office of Markets, Tariffs and Rates, Regulations. Specifically, the proposed Regulations. Specifically, the proposed granted requests for blanket approval changes remove the shared operating changes remove the shared operating under Part 34, subject to the following: personnel and facilities information personnel and facilities information Within thirty days of the date of the from the tariff. Under the Commission’s from the tariff. Under the Commission’s order, any person desiring to be heard revised regulations this information is revised regulations this information will or to protest the blanket approval of available on Trunkline’s Internet web now be available on TLNG’s Internet issuances of securities or assumptions of site. web site. liability by Westcoast should file a Trunkline states that copies of this TLNG states that copies of this filing motion to intervene or protest with the filing are being served on all affected are being served on all affected Federal Energy Regulatory Commission, customers and applicable state customers and applicable state 888 First Street, NE., Washington, DC regulatory agencies. regulatory agencies. 20426, in accordance with Rules 211 Any person desiring to be heard or to Any person desiring to be heard or to and 214 of the Commission’s Rules of protest said filing should file a motion protest said filing should file a motion Practice and Procedure (18 CFR 385.211 to intervene or a protest with the to intervene or a protest with the and 385.214). Federal Energy Regulatory Commission, Federal Energy Regulatory Commission, Absent a request for hearing within 888 First Street, NE., Washington, DC 888 First Street, NE., Washington, DC this period, Westcoast is authorized to 20426, in accordance with Sections 20426, in accordance with Sections issue securities and assume obligations 385.214 or 385.211 of the Commission’s 385.214 or 385.211 of the Commission’s or liabilities as a guarantor, endorser, Rules and Regulations. All such motions Rules and Regulations. All such motions surety, or otherwise in respect of any
VerDate 112000 16:45 Sep 11, 2000 Jkt 190000 PO 00000 Frm 00029 Fmt 4703 Sfmt 4703 E:\FR\FM\12SEN1.SGM pfrm01 PsN: 12SEN1 55018 Federal Register / Vol. 65, No. 177 / Tuesday, September 12, 2000 / Notices security of another person; provided customers and interested state i. FERC Contact: Lee Emery, E-mail that such issuance or assumption is for commissions. address, [email protected], 202– some lawful object within the corporate Any person desiring to be heard or to 219–2779. purposes of the applicant, and protest said filing should file a motion j. Deadline for filing motions to compatible with the public interest, and to intervene or a protest with the intervene and protest: 60 days from the is reasonably necessary or appropriate Federal Energy Regulatory Commission, issuance date of this notice. for such purposes. 888 First Street, N.E., Washington, D.C. All documents (original and eight The Commission reserves the right to 20426, in accordance with sections copies) should be filed with: David P. require a further showing that neither 385.214 or 385.211 of the Commission’s Boergers, Secretary, Federal Energy public nor private interests will be Rules and Regulations. All such motions Regulatory Commission, 888 First adversely affected by continued or protests must be filed in accordance Street, NE., Washington, DC 20426. approval of Westcoast’s issuances of with Section 154.210 of the The Commission’s Rules of Practice and Procedure require all interveners securities or assumptions of liability. Commission’s Regulations. Protests will filing documents with the Commission Notice is hereby given that the be considered by the Commission in to serve a copy of that document on deadline for filing motions to intervene determining the appropriate action to be each person on the official service list or protests, as set forth above, is taken, but will not serve to make for the project. Further, if an intervener September 29, 2000. protestants parties to the proceedings. files comments or documents with the Copies of the full text of the Order are Any person wishing to become a party Commission relating to the merits of an available from the Commission’s Public must file a motion to intervene. Copies issue that may affect the responsibilities Reference Branch, 888 First Street, NE., of this filing are on file with the of a particular resource agency, they Washington, DC 20426. The Order may Commission and are available for public must also serve a copy of the document also be viewed on the Internet at inspection in the Public Reference http://www.ferc.fed.us/online/rims.htm on that resource agency. Room. This filing may be viewed on the k. The project consists of the following (call 202–208–2222 for assistnace). web at http://www.ferc.fed.us/online/ existing facilities: (1) a 1,860-foot-long David P. Boergers, rims.htm (call 202–208–2222 for dam consisting of: (a) a 1,646-foot-long assistance). Secretary. rolled, compacted earth-fill structure [FR Doc. 00–23297 Filed 9–11–00; 8:45 am] David P. Boergers, 112 feet high at its highest point (crest BILLING CODE 6717±01±M Secretary. elevation of 714.0 feet) with a base that [FR Doc. 00–23308 Filed 9–11–00; 8:45 am] varies from 120 feet to 680 feet in width; (b) a reinforced concrete Taintor gate BILLING CODE 6717±01±M DEPARTMENT OF ENERGY spillway measuring 151 feet long, 49.7 feet wide, and 34 feet high, containing Federal Energy Regulatory DEPARTMENT OF ENERGY five 27-foot-long by 14.5-foot-high steel Commission Taintor gates; (c) a 63-foot-long Federal Energy Regulatory reinforced concrete intake structure [Docket No. RP00±515±000] Commission equipped with two 25-foot-high by 22- foot-wide steel gates with 35⁄8-inch clear Maritimes & Northeast Pipeline, L.L.C.; Notice of Application Accepted for spaced steel bar trashracks located Notice of Proposed Changes in FERC Filing and Soliciting Motions To directly in front of the gates; and (d) a Gas Tariff Intervene and Protests 29-foot-wide roadway along the crest of the dam; (2) a reservoir (Stewart’s September 6, 2000. September 6, 2000. Bridge Reservoir) with a surface area of Take notice that on August 31, 2000, Take notice that the following 480 acres at a normal water surface Maritimes & Northeast Pipeline, L.L.C. hydroelectric application has been filed elevation of 705.0 feet National Geodetic (Maritimes) tendered for filing as part of with the Commission and is available Vertical Datum; (3) a 10-foot-diameter, its FERC Gas Tariff, First Revised for public inspection: plugged diversion conduit used to pass Volume No. 1, the following revised a. Type of Application: New Major river flows during project construction; tariff sheets to become effective as License. (4) an 850-foot-long plastic concrete indicated: b. Project No.: 2047–004. seepage barrier constructed through the To Be Effective on March 27, 2000 c. Date filed: June 23, 1998. impervious dam core; (5) a 216-foot- long, 22-foot inside diameter steel First Revised Sheet No. 246 d. Applicant: Erie Boulevard First Revised Sheet No. 250 Hydropower, L.P. penstock; (6) an 88-foot-long by 78-foot- First Revised Sheet No. 253 wide brick-faced structural steel framed e. Name of Project: Stewarts Bridge powerhouse with one vertical Francis First Revised Sheet No. 254 Hydroelectric Project. First Revised Sheet No. 258 turbine/generator unit; (7) a tailrace First Revised Sheet No. 259 f. Location: On the Sacandaga River, which extends 450 feet downstream about 3 miles upstream from the To Be Effective on September 1, 2000 from the powerhouse; (8) an outdoor confluence with the Hudson River, in transformer, switching station, and 400- First Revised Sheet No. 227 the town of Hadley, Saratoga County, foot-long transmission line; and (9) Maritimes states that the purpose of New York. The project would not utilize appurtenant facilities. There is no this filing is to comply with the federal funds. bypassed reach. The project has an requirements of Order No. 637 regarding g. Filed Pursuant to: Federal Power installed capacity of 30.0 megawatts and the waiver of the rate ceiling for short- Act, 16 U.S.C. 791(a)–825(r). an annual average energy production of term capacity release transactions and h. Applicant Contact: Jerry L. Sabattis, 118,678 megawatt hours. the prospective limitations on the Hydro Licensing Coordinator, 225 The project currently operates as a availability of the Right-of-First-Refusal. Greenfield Parkway, Suite 201, peaking facility in tandem with the Maritimes states that copies of the Liverpool, New York 13088, (315) 413– upstream E.J. West Project (P–2318), filing were mailed to all affected 2787. generating 12 hours a day (typically
VerDate 112000 16:45 Sep 11, 2000 Jkt 190000 PO 00000 Frm 00030 Fmt 4703 Sfmt 4703 E:\FR\FM\12SEN1.SGM pfrm01 PsN: 12SEN1 Federal Register / Vol. 65, No. 177 / Tuesday, September 12, 2000 / Notices 55019 between 8:00 AM to 10:00 PM). Daily Review, Office of Energy Projects, from 31.5 million gallons per day (MGD) reservoir fluctuations are less than one Federal Energy Regulatory Commission, currently to 90.0 MGD, which is foot most of the year except for at the above address. A copy of any equivalent to 140 cubic feet per second. maintenance drawdowns that approach protest or motion to intervene must be Existing pumps at the site are able to 15 feet and are timed to coincide with served upon each representative of the accommodate this increased water the drawdowns of Great Sacandaga Lake applicant specified in the particular withdrawal; consequently, the proposed which begin in mid-March. application. action would not involve any land- l. A copy of the application is disturbing or new construction activities David P. Boergers, available for inspection and on project lands. Further, GPC requests reproduction at the Commission’s Secretary. that the Commission allow the licensee Public Reference Room, located at 888 [FR Doc. 00–23289 Filed 9–11–00; 8:45 am] to recover from CWW adequate First Street, NE., Room 2A, Washington, BILLING CODE 6717±01±M compensation for the electric energy DC 20426, or by calling (202) 208–1371. and capacity value lost to GPC’s The application may be viewed on hydroelectric developments as a http://www.ferc.fed.us/online/rims.htm DEPARTMENT OF ENERGY consequence of CWW’s water (call (202) 208–2222 for assistance). A withdrawals from Lake Oliver. copy is also available for inspection and Federal Energy Regulatory Commission l. Locations of the application: Copies reproduction at the address in item h of the application are available for above. Notice of Amendment of License and inspection and reproduction at the Protests or Motions to Intervene— Soliciting Comments, Motions To Commission’s Public Reference Room, Anyone may submit a protest or a Intervene, and Protests located at 888 First Street, NE, Room motion to intervene in accordance with 2A, Washington, DC 20426, or by calling the requirements of Rules of Practice September 6, 2000. (202) 208–1371. The application also and Procedure, 18 CFR 385.210, Take notice that the following may be viewed on the Web at 385.211, and 385.214. In determining application has been filed with the www.ferc.fed.us/online/rims.htm. Call the appropriate action to take, the Commission and is available for public (202) 208–2222 for assistance. Copies of Commission will consider all protests inspection. the application also are available for filed, but only those who file a motion a. Type of Application: Amendment inspection and reproduction at the to intervene in accordance with the of license for the non-project use of addresses in item h above. Commission’s Rules may become a project lands and waters: to allow the m. Individuals desiring to be included party to the proceeding. Any protests or City of Columbus Water Works (CWW) on the Commission’s mailing list for the motions to intervene must be received to increase its average daily withdrawal on or before the specified deadline date proposed amendment of license should of water from Lake Oliver for domestic so indicate by writing to the Secretary for the particular application. and industrial consumption in the Filing and Service of Responsive of the Commission. Columbus, Georgia region. Comments, Protests, or Motions to Documents—The application is not b. Project No: 2177–041 ready for environmental analysis at this Intervene—Anyone may submit c. Date Filed: August 24, 2000 comments, a protest, or a motion to time; therefore, the Commission is not d. Applicant: Georgia Power Company intervene in accordance with the now requesting comments, e. Name of Project: Middle requirements of Rules of Practice and recommendations, terms and Chattahoochee Project conditions, or prescriptions. f. Location: Muscogee County, Georgia Procedure, 18 CFR 385.210, .211, 214. In When the application is ready for g. Filed Pursuant to: Federal Power determining the appropriate action to environmental analysis, the Act, 16 U.S.C. 791(a)–825(r) take, the Commission will consider all Commission will issue a public notice h. Applicant Contact: Mr. Mike protests or other comments filed, but requesting comments, Phillips, Georgia Power Company, Bin only those who file a motion to recommendations, terms and 10151, 241 Ralph McGill Blvd. NE., intervene in accordance with the conditions, or prescriptions. Atlanta, GA 30308–3374, (404) 506– Commission’s Rules may become a All filings must (1) bear in all capital 2392. party to the proceeding. Any comments, letters the title ‘‘PROTEST’’ or i. FERC Contact:Any questions on this protests, or motions to intervene must ‘‘MOTION TO INTERVENE;’’ (2) set notice should be addressed to Jim be received on or before the specified forth in the heading the name of the Haimes at (202) 219–2780, or e-mail comment date for the particular applicant and the project number of the address: [email protected] application. application to which the filing j. Deadline for filing comments and or Filing and Service of Responsive responds; (3) furnish the name, address, motions: 30 days from the issuance date Docments—Any filings must bear in all and telephone number of the person of this notice. capital letters the title ‘‘COMMENTS,’’ protesting or intervening; and (4) All documents (original and eight ‘‘RECOMMENDATIONS FOR TERMS otherwise comply with the requirements copies) should be filed with: David P. AND CONDITIONS,’’ ‘‘PROTEST,’’ OR 18 CFR 385.2001 through 385.2005. Boergers, Secretary, Federal Energy ‘‘MOTION TO INTERVENE,’’ as Agencies may obtain copies of the Regulatory Commission, 888 First applicable, and the Project Number of application directly from the applicant. Street, NE, Washington, DC 20426. the particular application to which the Any of these documents must be filed Please include the project number (P– filing refers. Any of the above-named by providing the original and the 2177–041) on any comments or motions documents must be filed by providing number of copies required by the filed. the original and the number of copies Commission’s regulations to: The k. Description of Project: Georgia provided by the Commission’s Secretary, Federal Energy Regulatory Power Company (GPC), licenses, regulations to: The Secretary, Federal Commission, 888 First Street, NE., requests Commission authorization to Energy Regulatory Commission, 888 Washington, DC 20426. An additional permit the CWW to increase the rate of First Street, NE, Washington, DC 20426. copy must be sent to Director, Division water withdrawal at its existing A copy of any motion to intervene must of Environmental and Engineering pumping station at Lake Oliver reservoir also be served upon each representative
VerDate 112000 16:45 Sep 11, 2000 Jkt 190000 PO 00000 Frm 00031 Fmt 4703 Sfmt 4703 E:\FR\FM\12SEN1.SGM pfrm01 PsN: 12SEN1 55020 Federal Register / Vol. 65, No. 177 / Tuesday, September 12, 2000 / Notices of the Applicant specified in the Please include the noted project Applicant. If an agency does not file particular application. numbers on any comments or motions comments within the time specified for Agency Comments—Federal, state, filed. filing comments, it will be presumed to and local agencies are invited to file j. Description of Proposal: The have no comments. One copy of an comments on the described application. applicants state that the transfer will agency’s comments must also be sent to A copy of the application may be assure the continued operation of these the Applicant’s representatives. obtained by agencies directly from the hydroelectric projects and will effect the Applicant. If an agency does not file desired change of ownership of the David P. Boergers, comments within the time specified for generating facilities consistent with the Secretary. filing comments, it will be presumed to restructuring plans of these members of [FR Doc. 00–23293 Filed 9–11–00; 8:45 am] have no comments. One copy of an the electric industry. BILLING CODE 6717±01±M agency’s comments must also be sent to k. Locations of the application: A the Applicant’s representatives. copy of the application is available for inspection and reproduction at the DEPARTMENT OF ENERGY David P. Boergers, Commission’s Public Reference Room, Secretary. located at 888 First Street, NE., Room Federal Energy Regulatory [FR Doc. 00–23291 Filed 9–11–00; 8:45 am] 2A, Washington, DC 20426, or by calling Commission BILLING CODE 6717±01±M (202) 208–1371. The application may be Notice of Transfer of Licenses, viewed on the web at www.ferc.fed.us/ Substitution of Relicense Applicant, online/rims.htm (Call (202) 208–2222 and Soliciting Comments, Motions To DEPARTMENT OF ENERGY for assistance). A copy is also available Intervene, and Protest for inspection and reproduction at the Federal Energy Regulatory addresses in item g above. September 6, 2000. Commission l. Individuals desiring to be included Take notice that the following on the Commission’s mailing list should application has been filed with the Notice of Transfer of Licenses and so indicate by writing to the Secretary Soliciting Comments, Motions To Commission and is available for public of the Commission. inspection: Intervene, and Protests Comments, Protests, or Motions to Intervene—Anyone may submit a. Application Types: (1) Transfer of September 6, 2000. Licenses and (2) Request for Take notice that the following comments, a protest, or a motion to intervene in accordance with the Substitution of Applicant for New application has been filed with the License (in Project No. 2064–004). Commission and is available for public requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211, .214. b. Project Nos: 2064–005, 2684–005, inspection: and 2064–004. a. Application Type: Transfer of In determining the appropriate action to take, the Commission will consider all c. Date Filed: August 16, 2000. Licenses. d. Applicants: North Central Power b. Project Nos.: 2894–005, 9184–006, protests or other comments filed, but only those who file a motion to Co., Inc. (transferor) and Flambeau and 9185–005. Hydro, LLC (transferee). c. Date Filed: August 16, 2000. intervene in accordance with the e. Name and Location of Project: The d. Applicants: Northwestern Commission’s Rules may become a Winter and Arpin Dam Hydroelectric Wisconsin Electric Company (transferor) party to the proceeding. Any comments, Projects are on the East Fork of the and Flambeau Hydro, LLC (transferee). protests, or motions to intervene must e. Name and Location of Projects: The be received on or before the specified Chippewa River in Sawyer County, Black Brook Dam Project is on the comment date for the particular Wisconsin. The Winter Project occupies Apple River in Polk County, Wisconsin. application. federal lands within the Chequamegon- The Danbury Dam Project is on the Filing and Service of Responsive Nicolet National Forest, but no tribal Yellow River and the Clam River Dam Documents—Any filings must bear in lands. The Arpin Dam Project does not Project is on the Clam River, both in all capital letters the title occupy federal or tribal lands. Burnett County, Wisconsin. The projects ‘‘COMMENTS‘‘, f. Filed Pursuant to: Federal Power do not occupy federal or tribal lands. ‘‘RECOMMENDATIONS FOR TERMS Act, 16 U.S.C. 791(a)–825(r). f. Filed Pursuant to: Federal Power AND CONDITIONS‘‘, ‘‘PROTEST‘‘, or g. Applicant Contacts: Mr. Mark F. Act, 16 U.S.C. 791(a)–825(r). ‘‘MOTION TO INTERVENE‘‘, as Dahlberg, North Central Power Co., Inc., g. Applicant Contacts: Mr. Mark F. applicable, and the Project Number of P.O. Box 167, Grantsburg, WI 54840, Dahlberg, Northwestern Wisconsin the particular application to which the (715) 463–5371 and Mr. Donald H. Electric Company, P.O. Box 9, filing refers. Any of the above-named Clarke, Wilkinson Barker Knauer, LLP, Grantsburg, WI 54840–0009, (715) 463– documents must be filed by providing 2300 N Street NW, No. 700, 5371 and Mr. Donald H. Clarke, the original and the number of copies Washington, DC 20037, (202) 783–4141. Wilkinson Barker Knauer, LLP, 2300 N provided by the Commission’s h. FERC Contact: Any questions on Street NW., No. 700, Washington, DC regulations to: The Secretary, Federal this notice should be addressed to James 20037, (202) 783–4141. Energy Regulatory Commission, 888 Hunter at (202) 219–2839. h. FERC Contact: Any questions on First Street, NE., Washington, DC 20426. i. Deadline for filing comments and or this notice should be addressed to James A copy of any motion to intervene must motions: November 3, 2000. Hunter at (202) 219–2839. also be served upon each representative All documents (original and eight i. Deadline for filing comments and or of the Applicant specified in the copies) should be filed with: David P. motions: October 13, 2000. particular application. Boergers, Secretary, Federal Energy All documents (original and eight Agency Comments—Federal, state, Regulatory Commission, 888 First copies) should be filed with: David P. and local agencies are invited to file Street, NE, Washington, DC 20426. Boergers, Secretary, Federal Energy comments on the described application. Please include the noted project Regulatory Commission, 888 First A copy of the application may be numbers on any comments or motions Street, NE., Washington, DC 20426. obtained by agencies directly from the filed.
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j. Description of Proposal: The ‘‘RECOMMENDATIONS FOR TERMS 747th—Meeting September 14, 2000, Regular applicants state that the transfer will AND CONDITIONS’’, ‘‘PROTEST’’, OR Meeting (2:00 p.m.) assure the continued operation of these ‘‘MOTION TO INTERVENE’’, as Consent Agenda—Markets, Tariffs and renewable energy projects and will applicable, and the Project Number of Rates—Electric effect the desired change of ownership the particular application to which the CAE–1. of the generating facilities consistent filing refers. Any of the above-named Docket# ER99–4392, 000, Southwest Power with the restructuring plans of these documents must be filed by providing Pool, Inc. members of the electric industry. the original and the number of copies Other#s ER99–4392, 003, Southwest Power The transfer application was filed provided by the Commission’s Pool, Inc. within five years of the expiration of the regulations to: The Secretary, Federal CAE–2. license for Project No. 2064, which is Energy Regulatory Commission, 888 Docket# ER00–718, 000 Tampa Electric the subject of a pending relicense Company First Street, NE, Washington, DC 20426. Other#s ER00–718, 001, Tampa Electric application. In Hydroelectric A copy of any motion to intervene must Company Relicensing Regulations Under the also be served upon each representative CAE–3. Federal Power Act (54 Fed. Reg. 23,756; of the Applicant specified in the Docket# ER00–1534, 000, Ocean State FERC Stats. and Regs., Regs. Preambles particular application. Power, II 1986–1990, 30,854 at p. 31,437), the Agency Comments—Federal, state, Other#s ER00–1535, 000, Ocean State Commission declined to forbid all and local agencies are invited to file Power CAE–4. license transfers during the last five comments on the described application. years of an existing license, and instead Docket# ER00–2814, 000, Commonwealth A copy of the application may be Edison Company indicated that it would scrutinize all obtained by agencies directly from the Other#s ER00–2814, 001, Commonwealth such transfer requests to determine if Applicant. If an agency does not file Edison Company the transfer’s primary purpose was to comments within the time specified for CAE–5. give the transferee an advantage in filing comments, it will be presumed to Docket# ER00–3300, 000, Northeast Power relicensing (id. at p. 31,438 n. 318). have no comments. One copy of an Coordinating Council The transfer application also contains CAE–6. agency’s comments must also be sent to Docket# ER00–1053, 002, Maine Public a separate request for approval of the the Applicant’s representatives. substitution of the transferee for the Service Company transferor as the applicant in the David P. Boergers, Other#s ER00–1053, 000, Maine Public Service Company pending relicensing application, filed by Secretary. CAE–7. the transferor on November 26, 1999, in [FR Doc. 00–23294 Filed 9–11–00; 8:45 am] Docket# ER00–1319, 003, Wisconsin Project No. 2064–004. BILLING CODE 6717±01±M Energy Corporation Operating k. Locations of the application: A Companies copy of the application is available for Other#s ER00–1319, 000, Wisconsin inspection and reproduction at the DEPARTMENT OF ENERGY Energy Corporation Operating Commission’s Public Reference Room, Companies located at 888 Street, NE, Room 2A, Federal Energy Regulatory CAE–8. Washington, DC 20426, or by calling Commission Docket# ER97–1523, 018, Central Hudson Gas & Electric Corporation, Orange and (202) 208–1371. The application may be Rockland Utilities, Inc., Rochester Gas viewed on the web at www.ferc.fed.us/ Sunshine Act Meeting and Electric Corporation, Consolidated online/rims.htm (Call (202) 208–2222 September 7, 2000. Edison Company of New York, Inc., Long for assistance). A copy is also available Island Lighting Company, New York for inspection and reproduction at the The following notice of meeting is State Electric and GAS Corporation, addresses in item g above. published pursuant to section 3(a) of the Niagara Mohawk Power Corporation and 1. Individuals desiring to be included Government in the Sunshine Act (Pub. New York Power Pool on the Commission’s mailing list should L. No. 94–409), 5 U.S.C 552B: Other#s OA97–470, 017, Central Hudson so indicate by writing to the Secretary AGENCY HOLDING MEETING: Federal Gas & Electric Corporation, Orange and Energy Regulatory Commission. Rockland Utilities, Inc., Rochester Gas of the Commission. and Electric Corporation, Consolidated Comments, Protests, or Motions to DATE AND TIME: September 14, 2000, 2 Edison Company of New York, Inc., Long Intervene—Anyone may submit p.m. Island Lighting Company, New York comments, a protest, or a motion to PLACE: Room 2C, 888 First Street, NE, State Electric and Gas Corporation, intervene in accordance with the Washington, DC 20426. Niagara Mohawk Power Corporation and requirements of Rules of Practice and New York Power Pool STATUS: Open. Procedure, 18 CFR 385.210, .211, .214. OA97–470, 040, Central Hudson Gas & MATTERS TO BE CONSIDERED: In determining the appropriate action to Agenda. Electric Corporation, Orange and take, the Commission will consider all Note: Items listed on the agenda may be Rockland Utilities, Inc., Rochester Gas deleted without further notice. and Electric Corporation, Consolidated protests or other comments filed, but Edison Company of New York, Inc., Long only those who file a motion to CONTACT PERSON FOR MORE INFORMATION: Island Lighting Company, New York intervene in accordance with the David P. Boergers, Secretary, Telephone State Electric and Gas Corporation, Commission’s Rules may become a (202) 208–0400. For a recording listing Niagara Mohawk Power Corporation and party to the proceeding. Any comments, items stricken from or added to the New York Power Pool protests, or motions to intervene must meeting, call (202) 208–1627. ER97–1523, 042, Central Hudson Gas & be received on or before the specified This is a list of matters to be Electric Corporation, Orange and comment date for the particular considered by the Commission. It does Rockland Utilities, Inc., Rochester Gas not include a listing of all papers and Electric Corporation, Consolidated application. Edison Company of New York, Inc., Long Filing and Service of Responsive relevant to the items on the agenda; Island Lighting Company, New York Documents—Any filings must bear in however, all public documents may be State Electric and Gas Corporation, all capital letters the title examined in the reference and Niagara Mohawk Power Corporation and ‘‘COMMENTS’’, information center. New York Power Pool
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ER97–4234, 015, Central Hudson Gas & and Electric Corporation, Consolidated ER93–465, 009, Florida Power & Light Electric Corporation, Orange and Edison Company of New York, Inc., Long Company Rockland Utilities, Inc., Rochester Gas Island Lighting Company, New York ER93–465, 010, Florida Power & Light and Electric Corporation, Consolidated State Electric and Gas Corporation, Company Edison Company of New York, Inc., Long Niagara Mohawk Power Corporation and ER93–465, 011, Florida Power & Light Island Lighting Company, New York New York Power Pool Company State Electric and Gas Corporation, CAE–13. ER93–465, 012, Florida Power & Light Niagara Mohawk Power Corporation and Docket# ER00–1026, 003, Indianapolis Company New York Power Pool Power & Light Company ER93–465, 013, Florida Power & Light ER97–4234, 038, Central Hudson Gas & Other#s ER00–1026, 000, Indianapolis Company Electric Corporation, Orange and Power & Light Company ER93–465, 014, Florida Power & Light Rockland Utilities, Inc., Rochester Gas CAE–14. Company and Electric Corporation, Consolidated Docket# ER99–2339, 004, Sierra Pacific ER93–465, 015, Florida Power & Light Edison Company of New York, Inc., Long Power Company Company Island Lighting Company, New York Other#s ER99–2339, 000, Sierra Pacific ER93–465, 016, Florida Power & Light State Electric and Gas Corporation, Power Company Company Niagara Mohawk Power Corporation and CAE–15. ER93–465, 017, Florida Power & Light New York Power Pool Docket# ER00–2003, 001, Sierra Pacific Company CAE–9. Power Company ER93–465, 018, Florida Power & Light Docket# ER99–4323, 000, Pacific Gas and Other# ER00–2003, 000, Sierra Pacific Company Electric Company Power Company ER93–465, 019, Florida Power & Light Other#s ER99–4323, 001, Pacific Gas and CAE–16. Company Electric Company Docket# ER93–465, 001, Florida Power & ER93–465, 020, Florida Power & Light CAE–10. Light Company Company Docket# ER00–612, 000, Ameren Operating Other#s EL93–28, 000, Florida Power & ER93–465, 021, Florida Power & Light Companies Light Company Company CAE–11. EL93–28, 001, Florida Power & Light ER93–465, 022, Florida Power & Light Docket# ER97–1523, 045, Central Hudson Company Company Gas & Electric Corporation, Orange and EL93–28, 002, Florida Power & Light ER93–465, 023, Florida Power & Light Rockland Utilities, Inc., Rochester Gas Company Company and Electric Corporation, Consolidated EL93–28, 003, Florida Power & Light ER93–465, 024, Florida Power & Light Edison Company of New York, Inc., Long Company Company Island Lighting Company, New York EL93–28, 004, Florida Power & Light ER93–465, 025, Florida Power & Light State Electric and Gas Corporation, Company Company Niagara Mohawk Power Corporaton and EL93–28, 005, Florida Power & Light ER93–465, 026, Florida Power & Light New York Power Pool Company Company Other#s ER97–4234, 041, Central Hudson EL93–28, 006, Florida Power & Light ER93–507, 000, Florida Power & Light Gas & Electric Corporation, Orange and Company Company Rockland Utilities, Inc., Rochester Gas EL93–28, 007, Florida Power & Light ER93–507, 001, Florida Power & Light and Electric Corporation, Consolidated Company Company Edison Company of New York, Inc., Long EL93–28, 008, Florida Power & Light ER93–507, 002, Florida Power & Light Island Lighting Company, New York Company Company State Electric and Gas Corporation, EL93–40, 000, Florida Power & Light ER93–507, 003, Florida Power & Light Niagara Mohawk Power Corporaton and Company Company New York Power Pool EL93–40, 001, Florida Power & Light ER93–507, 004, Florida Power & Light OA97–470, 043, Central Hudson Gas & Company Company Electric Corporation, Orange and EL93–40, 002, Florida Power & Light ER93–507, 005, Florida Power & Light Rockland Utilities, Inc., Rochester Gas Company Company and Electric corporation, Consolidated EL93–40, 003, Florida Power & Light ER93–507, 006, Florida Power & Light Edison Company of New York, Inc., long Company Company island lighting company, New York State EL93–40, 004, Florida Power & Light ER93–507, 007, Florida Power & Light Electric and Gas Corporation, Niagara Company Company Mohawk Power Corporation and New EL93–40, 005, Florida Power & Light ER93–922, 000, Florida Power & Light York Power Pool Company Company CAE–12. EL93–40, 006, Florida Power & Light ER93–922, 001, Florida Power & Light Docket# ER97–1523, 043, Central Hudson Company Company Gas & Electric Corporation, Orange and EL93–40, 007, Florida Power & Light ER93–922, 002, Florida Power & Light Rockland Utilities, Inc., Rochester Gas Company Company and Electric Corporation, Consolidated EL93–40, 008, Florida Power & Light ER93–922, 003, Florida Power & Light Edison Company of New York, Inc., Long Company Company Island Lighting Company, New York ER93–465, 000, Florida Power & Light ER93–922, 004, Florida Power & Light State Electric and Gas Corporation, Company Company Niagara Mohawk Power Corporation and ER93–465, 002, Florida Power & Light ER93–922, 005, Florida Power & Light New York Power Pool Company Company Other#s OA97–470, 041, Central Hudson ER93–465, 003, Florida Power & Light ER93–922, 006, Florida Power & Light Gas & Electric Corporation, Orange and Company Company Rockland Utilities, Inc., Rochester Gas ER93–465, 004, Florida Power & Light ER93–922, 007, Florida Power & Light and Electric Corporation, Consolidated Company Company Edison Company of New York, Inc., Long ER93–465, 005, Florida Power & Light ER93–922, 008, Florida Power & Light Island Lighting Company, New York Company Company State Electric and Gas Corporation, ER93–465, 006, Florida Power & Light ER93–922, 009, Florida Power & Light Niagara Mohawk Power Corporation and Company Company New York Power Pool ER93–465, 007, Florida Power & Light ER93–922, 010, Florida Power & Light ER97–4234, 039, Central Hudson Gas & Company Company Electric Corporation, Orange and ER93–465, 008, Florida Power & Light ER93–922, 011, Florida Power & Light Rockland Utilities, Inc., Rochester Gas Company Company
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ER93–922, 012, Florida Power & Light & Light Company ER99–723, 002, Florida Docket# PR00–3, 000, Creole Gas Pipeline Company Power & Light Company ER99–2770, Corporation ER93–922, 013, Florida Power & Light 000, Florida Power & Light Company Other#s PR00–3 001 Creole Gas Pipeline Company ER99–2770, 001, Florida Power & Light Corporation EC94–12, 000, Florida Power & Light Company ER99–2770, 002, Florida CAG–13. Company Power & Light Company ER00–13, 000, Docket# RP00–205, 002, PG&E Gas EL94–12, 001, Florida Power & Light Florida Power & Light Company Transmission, Northwest Corporation Company CAE–17. Other#s RP00–205, 000, PG&E Gas EL94–12, 002, Florida Power & Light Omitted Transmission, Northwest Corporation; Company CAE–18. RP00–205, 003, PG&E Gas Transmission, EL94–12, 003, Florida Power & Light Omitted Northwest Corporation Company CAE–19. CAG–14. EL94–12, 005, Florida Power & Light Omitted Omitted Company CAE–20. CAG–15. EL94–12, 006, Florida Power & Light Docket# EL00–92, 000, North Central Docket# CP96–152, 027, Kansas Pipeline Company Missouri Electric Cooperative, Inc. Company EL94–12, 007, Florida Power & Light CAE–21. Other#s RP99–485, 000, Kansas Pipeline Company Docket# EL00–93, 000, Midland Company EL94–12, 008, Florida Power & Light Cogeneration Venture Limited CAG–16. Company Partnership Docket# RP97–284, 002, Southern EL94–28, 000, Florida Power & Light CAE–22. California Edison Company v. Southern Company Docket# EL00–87, 000, Fresno California Gas Company EL94–28, 001, Florida Power & Light Cogeneration Partners, L.P. Other#s RP97–284, 000, Southern Company Other#s QF88–134, 002, Fresno California Edison Company v. Southern EL94–28, 002, Florida Power & Light Cogeneration Partners, L.P. California Gas Company Company CAE–23. Consent Agenda—Miscellaneous CAM–1. EL94–28, 003, Florida Power & Light Omitted Company CAE–24. Docket# RM00–12, 000, Electronic Filing of EL94–28, 004, Florida Power & Light Docket# EL00–88, 000, Allegheny Electric Documents Company Cooperative, Inc. v. Pennsylvania Consent Agenda—Energy Projects—Hydro EL94–28, 005, Florida Power & Light Electric Company CAH–1. Company CAE–25. Docket# P–2543, 046, Montana Power EL94–28, 006, Florida Power & Light Docket# OA97–163, 011, Mid-Continent Company Company Area Power Pool CAH–2. EL94–47, 000, Florida Power & Light Other#s OA97–658 011 Mid-Continent Docket# P–10703, 039, City of Centralia, Company Area Power Pool; ER97–1162, 010, Mid- Washington, Light Department EL94–47, 001, Florida Power & Light Continent Area Power Pool CAH–3. Company CAE–26. Docket# P–2188, 030, PP&L Montana, LLC EL94–47, 002, Florida Power & Light Docket# ER00–3214, 000, Pacific Gas & CAH–4. Company Electric Company Docket# P–11828, 000, Universal Electric EL94–47, 003, Florida Power & Light Power Corporation Company Consent Agenda—Markets, Tariffs and CAH–5. EL94–47, 004, Florida Power & Light RateS—Gas Docket# HB02–00–1, 000, Public Utility Company CAG–1. District No. 1 of Chelan County, EL94–47, 005, Florida Power & Light Docket# RP99–190, 002, National Fuel Gas Washington, Eugene Water and Electric Company Distribution Corporation Board, City of Seattle, Washington, EL94–47, 006, Florida Power & Light CAG–2. Public Utility District No. 2 of Grant Company Docket# RP00–455, 000, Honeoye Storage County, Washington, Public Utility OA96–39, 000, Florida Power & Light Corporation District No. 1 of Pend Oreille County, Company CAG–3. Washington, Public Utility District No. 1 OA96–39, 001, Florida Power & Light Omitted of Douglas County, Washington, Portland Company CAG–4. General Electric Company, Avista OA96–39, 002, Florida Power & Light Omitted Corporation and PP&L Montana, LLC Company CAG–5. OA96–39, 003, Florida Power & Light Docket# RP99–351, 000, Florida Gas Consent Agenda—Energy Projects— Company Transmission Company Certificates ER96–417, 000, Florida Power & Light CAG–6. CAC–1. Company Docket# RP00–169, 000, Natural Gas Docket# CP00–129, 000, Horizon Pipeline ER96–1375, 000, Florida Power & Light Pipeline Company of America Company, L.L.C. Company CAG–7. Other#s CP00–130, 000, Horizon Pipeline ER96–1375, 001, Florida Power & Light Docket# RP00–249, 000, Transwestern Company, L.L.C.; CP00–131 000 Horizon Company Pipeline Company Pipeline Company, L.L.C.; CP00–132 000 ER96–2381, 000, Florida Power & Light Other#s RP00–249, 001, Transwestern Natural Gas Pipeline Company of Company Pipeline Company America ER96–2381, 001, Florida Power & Light CAG–8. CAC–2. Company Docket# RP00–430, 000, Norteno Pipeline Docket# CP00–59, 000, Petal Gas Storage, OA97–245, 000, Florida Power & Light Company L.L.C. Company CAG–9. Other#s CP00–59, 001, Petal Gas Storage, DR98–24, 000, Florida Power & Light Omitted L.L.C. Company CAG–10. CAC–3. EL99–69, 000, Florida Power & Light Docket# RP00–316, 001, Kinder Morgan Docket# CP99–21, 003, Northern Border Company Interstate Gas Transmission LLC Pipeline Company EL99–69, 001, Florida Power & Light CAG–11. CAC–4. Company Docket# PR00–14, 001, Aim Pipeline, LLC Docket# CP98–49, 005, KN Wattenberg ER99–723, 000, Florida Power & Light Other# PR00–14, 000, Aim Pipeline, LLC Transmission Limited Liability Company Company ER99–723, 001, Florida Power CAG–12. CAC–5.
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Omitted will be held at RESOLVE, Suite 275, ENVIRONMENTAL PROTECTION CAC–6. 1255 23rd St., NW., Washington, DC AGENCY Docket# GP00–1, 000, Williams Energy 20037, phone (202) 965–6387. Marketing & Trading Company [FRL±6868±1] CAC–7. The agenda for the meeting will be focused primarily on discussion and Docket# CP95–168, 003, Sea Robin Kopper's (Florence Plant) Superfund Pipeline Company endorsement of a 5-yr Sector Program Plan. Public comment is planned for Site; Notice of Proposed Settlement Energy Projects—Hydro Agenda 4:45 pm on September 27. A final AGENCY: H–1. Environmental Protection Agenda can be obtained at the meeting, Agency (EPA). Reserved or by contacting the Designated Federal ACTION: Notice of proposed settlement. Energy Projects—Certificates Agenda Officer, as noted below. C–1. SUPPLEMENTARY INFORMATION: NACEPT SUMMARY: The United States Reserved is a federal advisory committee under Environmental Protection Agency is Markets, Tariffs and Rates—Electric Agenda the Federal Advisory Committee Act, proposing to enter into a settlement with the Beazer East Incorporated for E–1. Public Law 92463. NACEPT provides Reserved advice and recommendations to the response costs pursuant to section Administrator and other EPA officials 122(h)(1) of the Comprehensive Markets, Tariffs and Rates—Gas Agenda on a broad range of domestic and Environmental Response, G–1. international environmental policy Compensation, and Liability Act Reserved issues. NACEPT consists of a (CERCLA), 42 U.S.C. 9622(h)(1) David P. Boergers, representative cross-section of EPA’s concerning the Koppers (Florence Plant) Superfund Site located in Florence, Secretary. partners and principal constituents who Florence County, South Carolina. EPA [FR Doc. 00–23474 Filed 9–8–00; 11:10 am] provide advice and recommendations on policy issues and serve as a sounding will consider public comments on the BILLING CODE 6717±01±P board for new strategies that the Agency proposed settlement for thirty (30) days. is developing. EPA may withdraw from or modify the In follow-up to completion of work by proposed settlement should such ENVIRONMENTAL PROTECTION comments disclose facts or AGENCY EPA’s Common Sense Initiative (CSI) Council, the Administrator asked considerations which indicate the [FRL±6868±2] NACEPT to create a Standing proposed settlement is inappropriate, Committee on Sectors. This Committee improper or inadequate. Copies of the The National Advisory Council for began its work in March 1999 and proposed settlement are available from: Environmental Policy and Technology, provides a multi-stakeholder forum Ms. Paula V. Batchelor, U.S. EPA, (NACEPT) Standing Committee on through which the Agency can continue Region 4 (WMD–PSB), 61 Forsyth Street Sectors to receive advice and recommendations SW, Atlanta, Georgia 30303, (404) 562– on sector-based approaches to 8887. AGENCY: Environmental Protection Written comments may be submitted Agency (EPA). environmental protection. (A sector is generally defined a discrete production to Ms. Batchelor within 30 calendar ACTION: Notification of Public Advisory system of the economy, e.g., petroleum days of the date of this publication. NACEPT Standing Committee on refining, printing, metal finishing.) Dated: August 30, 2000. Sectors Meeting; open meeting. Further information on sectors is Franklin E. Hill, SUMMARY: Pursuant to the Federal available electronically on our web site Chief, CERCLA Program Services Branch, Advisory Committee Act, Public Law at http.//www.epa.gov/sectors. Waste Management Division. 92–463, notice is hereby given that the For further information concerning [FR Doc. 00–23374 Filed 9–11–00; 8:45 am] Standing Committee on Sectors will the NACEPT Standing Committee on BILLING CODE 6560±50±P meet on the date and time described Sectors, including the upcoming below. The meeting is open to the meeting, contact Kathleen Bailey, public. Seating at the meeting will be a Designated Federal Officer (DFO), on first-come basis and limited time will be (202) 260–3413, or E-mail: FEDERAL COMMUNICATIONS provided for public comment. For [email protected]. COMMISSION further information concerning this Inspection of Subcommittee Sunshine Act Meeting meeting, please contact the individual Documents: Documents relating to the listed with the announcement below. above topics will be publicly available September 7, 2000. NACEPT Standing Committee on at the meeting. Thereafter, key Open Commission Meeting; Thursday, Sectors; September 27–28, 2000 documents and the minutes of the September 14, 2000 meeting will be available electronically Notice is hereby given that the on the web site, or by calling the DFO. The Federal Communications Environmental Protection Agency will Commission will hold an Open Meeting hold an open meeting of the NACEPT Dated: September 6, 2000. on the subjects listed below on Standing Committee on Sectors on Robert S. Benson, Thursday, September 14, 2000, which is Wednesday, September 27, 2000 from 9 Acting Designated Federal Officer. scheduled to commence at 9:30 a.m. in am–5 pm, and Thursday, September 28, [FR Doc. 00–23377 Filed 9–11–00; 8:45 am] Room TW–C305, at 445 12th Street, 2000 from 8:30 am–12 pm. The meeting BILLING CODE 6560±50±P SW., Washington, DC.
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Item No. Bureau Subject
1 Mass Media ...... Title: Extension of the Filing Requirement for Children's Television Programming Reports, (FCC Form 398), (MM Docket No. 00±44). Summary: The Commission will consider a Report and Order, and Further Notice of Pro- posed Rule Making regarding the extension of the requirement that television broad- casters file children's television programming reports (FCC Form 398). 2 Mass Media ...... Title: Children's Television Obligations of Digital Television Broadcasters. Summary: The Commmission will consider a Notice of Proposed Rule Making regarding television broadcasters' obligation to serve children as they transition to digital trans- mission technology. 3 Mass Media ...... Title: Standardized and Enhanced Disclosure Requirements for Television Broadcast Li- censee Public Interest Obligations. Summary: The Commission will consider a Notice of Proposed Rule Making concerning standardizing and enhancing information provided to the public on how broadcast tele- vision stations serve the public interest. 4 Cable Services ...... Title: Implementation of Section 304 of the Telecommunications Act of 1996; Commercial Availability of Navigation Devices (CS Docket No. 97±80). Summary: The Commission will consider a Further Notice of Proposed Rule Making and Declaratory Ruling regarding the navigation devices rules. 5 Office of plans and policy ...... Title: Compatibility Between Cable Systems and Consumer Electronics Equipment (PP Docket No. 00±67). Summary: The Commission will consider a Report and Order concerning compatibility be- tween cable systems and consumer electronics equipment. 6 Wireless Telecommunications ...... Title: Promotion of Competitive Networks in Local Telecommunications Markets (WT Dock- et No. 99±217); Wireless Communications Association International, Inc., Petition for Rule Making to Amend Section 1.4000 of the Commission's Rules to Preempt Restric- tions on Subscriber Premises Reception or Transmission Antennas Designed to Provide Fixed Wireless Services; Implementation of the Local Competition Provisions in the Tele- communications Act of 1996 (CC Docket No. 96±98); and Review of Sections 68.104, and 68.213 of the Commission's Rules Concerning Connection of Simple Inside Wiring to Telephone Network (CC Docket No. 88±57). Summary: The Commission will consider a First Report and Order and Further Notice of Proposed Rule Making in WT Docket No. 99-217, a Fourth report and Order and Memo- randum Opinion and Order in CC Docket No. 96±98, and a Memorandum Opinion and Order in CC Docket No. 88±57), regarding obstacles to consumer's choice of tele- communications providers in multiple tenant environments. 7. Common Carrier, Cable Services, Title: Inquiry Concerning Intermodal Competition Between Providers of High-Speed Serv- Office of Engineering and Tech- ices. nology, and Office of Plans and Policy. Summary: The Commission will consider a Notice of Inquiry concerning issues surrounding high-speed services provided to subscribers over different technologies and to determine what legal and policy framework should apply to high-speed cable access technologies.
Additional information concerning Internet audio broadcast page at PLACE: 999 E Street, NW., Washington, this meeting may be obtained from . The DC (Ninth Floor). Maureen Peratino or David Fiske, Office meeting can also be heard via telephone, STATUS: of Media Relations, telephone number for a fee, from National Narrowcast This meeting will be open to (202) 418–0500; TTY (202) 418–2555. Network, telephone (202) 966–2111 fax the public. Copies of materials adopted at this (202) 966–1770. Audio and video tapes ITEMS TO BE DISCUSSED: meeting can be purchased from the of this meeting can be purchased from 2000 General Election Entitlement of Infocus, 341 Victory Drive, Herndon, FCC’s duplicating contractor, $12,613,452 for Patrick J. Buchanan and International Transcription Services, VA 20170, telephone (703) 834–0100; Ezola Foster. Inc. (ITS, Inc.) at (202) 857–3800; fax fax number (703) 834–0111. 2000 General Election Entitlement for (202) 857–3805 and 857–3184; or TTY Federal Communications Commission. (202) 293–8810. These copies are John Hagelin and Nat Goldhaber. Magalie Roman Salas, available in paper format and alternative PERSON TO CONTACT FOR INFORMATION: media, including large print/type; Secretary. [FR Doc. 00–23494 Filed 9–8–00; 12:00 am] Mr. Ron Harris, Press Officer, digital disk; and audio tape. ITS may be Telephone: (202) 694–1220. reached by e-mail: BILLING CODE 6712±01±M [email protected]. Their internet Mary W. Dove, address is http://www.itsdocs.com/. Acting Secretary of the Commission. This meeting can be viewed over [FR Doc. 00–23493 Filed 9–8–00; 11:59 am] George Mason University’s Capitol FEDERAL ELECTION COMMISSION BILLING CODE 6715±01±M Connection. The Capitol Connection Sunshine Act Meeting also will carry the meeting live via the Internet. For information on these AGENCY: Federal Election Commission. services call (703) 993–3100. The audio portion of the meeting will be broadcast DATE AND TIME: Tuesday, September 12, live on the Internet via the FCC’s 2000 at 2:00 p.m.
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FEDERAL EMERGENCY the Federal Emergency Management continuing, is of sufficient severity and MANAGEMENT AGENCY Agency under Executive Order 12148, I magnitude to warrant a major disaster hereby appoint William Lokey of the declaration under the Robert T. Stafford [FEMA±1341±DR] Federal Emergency Management Agency Disaster Relief and Emergency Assistance to act as the Federal Coordinating Act, 42 U.S.C. 5121 et seq. (the Stafford Act). Idaho; Major Disaster and Related I, therefore, declare that such a major disaster Determinations Officer for this declared disaster. I do hereby determine the following exists in the State of Montana. In order to provide Federal assistance, you AGENCY: Federal Emergency areas of the State of Idaho to have been are hereby authorized to allocate from funds Management Agency (FEMA). affected adversely by this declared available for these purposes, such amounts as ACTION: Notice. major disaster: you find necessary for Federal disaster The counties of Bannock, Boise, assistance and administrative expenses. SUMMARY: This is a notice of the Clearwater, Elmore, Idaho, Jerome, Lemhi, You are authorized to provide Individual Presidential declaration of a major Lewis, and Power, and the Fort Hall Indian Assistance and Hazard Mitigation in the disaster for the State of Idaho (FEMA– Reservation for Individual Assistance. designated areas and any other forms of 1341–DR), dated September 1, 2000, and All counties within the State of Idaho assistance under the Stafford Act you may related determinations. are eligible to apply for assistance under deem appropriate. Consistent with the EFFECTIVE DATE: September 1, 2000. the Hazard Mitigation Grant Program. requirement that Federal assistance be FOR FURTHER INFORMATION CONTACT: supplemental, any Federal funds provided (The following Catalog of Federal Domestic Madge Dale, Response and Recovery under the Stafford Act for Hazard Mitigation Assistance Numbers (CFDA) are to be used will be limited to 75 percent of the total Directorate, Federal Emergency for reporting and drawing funds: 83.537, Management Agency, Washington, DC eligible costs. If Public Assistance is later Community Disaster Loans; 83.538, Cora requested and warranted, Federal funds 20472, (202) 646–3772. Brown Fund Program; 83.539, Crisis provided under that program will also be Counseling; 83.540, Disaster Legal Services SUPPLEMENTARY INFORMATION: Notice is limited to 75 percent of the total eligible hereby given that, in a letter dated Program; 83.541, Disaster Unemployment Assistance (DUA); 83.542, Fire Suppression costs. September 1, 2000, the President Assistance; 83.543, Individual and Family Further, you are authorized to make declared a major disaster under the Grant (IFG) Program; 83.544, Public changes to this declaration to the extent authority of the Robert T. Stafford Assistance Grants; 83.545, Disaster Housing allowable under the Stafford Act. Disaster Relief and Emergency Program; 83.548, Hazard Mitigation Grant The time period prescribed for the Assistance Act (42 U.S.C. 5121 et seq.), Program.) implementation of section 310(a), Priority to as follows: James L. Witt, Certain Applications for Public Facility and Public Housing Assistance, 42 U.S.C. 5153, I have determined that the damage in Director. shall be for a period not to exceed six months certain areas of the State of Idaho, resulting [FR Doc. 00–23352 Filed 9–11–00; 8:45 am] after the date of this declaration. from wildfires on July 27, 2000, and BILLING CODE 6718±02±P continuing is of sufficient severity and Notice is hereby given that pursuant to the magnitude to warrant a major disaster authority vested in the Director of the Federal Emergency Management Agency under declaration under the Robert T. Stafford FEDERAL EMERGENCY Disaster Relief and Emergency Assistance Executive Order 12148, I hereby appoint Act, 42 U.S.C. 5121 et seq. (‘‘the Stafford MANAGEMENT AGENCY Carlos Mitchell of the Federal Emergency Act’’). I, therefore, declare that such a major [FEMA±1340±DR] Management Agency to act as the Federal disaster exists in the State of Idaho. Coordinating Officer for this declared In order to provide Federal assistance, you Montana; Major Disaster and Related disaster. are hereby authorized to allocate from funds Determinations I do hereby determine the following areas available for these purposes, such amounts as of the State of Montana to have been affected you find necessary for Federal disaster AGENCY: Federal Emergency adversely by this declared major disaster: assistance and administrative expenses. Management Agency (FEMA). You are authorized to provide Individual The counties of Beaverhead, Broadwater, ACTION: Notice. Assistance and Hazard Mitigation in the Carbon, Cascade, Deer Lodge, Flathead, designated areas and any other forms of Gallatin, Glacier, Granite, Jefferson, Judith SUMMARY: This is a notice of the assistance under the Stafford Act you may Basin, Lake, Lewis and Clark, Lincoln, deem appropriate. Consistent with the Presidential declaration of a major Madison, Meagher, Mineral, Missoula, Park, requirement that Federal assistance be disaster for the State of Montana Pondera, Powell, Ravalli, Sanders, Silver supplemental, any Federal funds provided (FEMA–1340–DR), dated August 30, Bow, Stillwater, Sweet Grass, Teton, and under the Stafford Act for Hazard Mitigation 2000, and related determinations. Wheatland for Individual Assistance. will be limited to 75 percent of the total EFFECTIVE DATE: August 30, 2000. The Blackfeet Indian Reservation and eligible costs. If Public Assistance is later FOR FURTHER INFORMATION CONTACT: Flathead Indian Reservation for Individual warranted, Federal funds provided under Assistance. that program will also be limited to 75 Madge Dale, Response and Recovery Directorate, Federal Emergency All counties within the State of Montana percent of the total eligible costs. are eligible to apply for assistance under the Management Agency, Washington, DC Further, you are authorized to make Hazard Mitigation Grant Program. changes to this declaration to the extent 20472, (202) 646–3772. (The following Catalog of Federal Domestic allowable under the Stafford Act. SUPPLEMENTARY INFORMATION: Notice is hereby given that, in a letter dated Assistance Numbers (CFDA) are to be used The time period prescribed for the for reporting and drawing funds: 83.537, August 30, 2000, the President declared implementation of section 310(a), Community Disaster Loans; 83.538, Cora Priority to Certain Applications for a major disaster under the authority of Brown Fund Program; 83.539, Crisis Public Facility and Public Housing the Robert T. Stafford Disaster Relief Counseling; 83.540, Disaster Legal Services Assistance, 42 U.S.C. 5153, shall be for and Emergency Assistance Act (42 Program; 83.541, Disaster Unemployment a period not to exceed six months after U.S.C. 5121 et seq.), as follows: Assistance (DUA); 83.542, Fire Suppression the date of this declaration. I have determined that the damage in Assistance; 83.543, Individual and Family Notice is hereby given that pursuant certain areas of the State of Montana, Grant (IFG) Program; 83.544, Public to the authority vested in the Director of resulting from wildfires on July 13, 2000 and Assistance Grants; 83.545, Disaster Housing
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Program; 83.548, Hazard Mitigation Grant reassignments, and salary actions) number. OMB has now approved the Program.) involving individual Federal Reserve information collection and has assigned James L. Witt, System employees. OMB control number 0910–0078. The Director. 2. Any items carried forward from a approval expires on August 31, 2003. A [FR Doc. 00–23351 Filed 9–11–00; 8:45 am] previously announced meeting. copy of the supporting statement for this BILLING CODE 6718±02±P CONTACT PERSON FOR MORE INFORMATION: information collection is available on Lynn S. Fox, Assistant to the Board; the Internet at http://www.fda.gov/ 202–452–3204. ohrms/dockets. FEDERAL EMERGENCY SUPPLEMENTARY INFORMATION: You may MANAGEMENT AGENCY Dated: September 5, 2000. call 202–452–3206 beginning at William K. Hubbard, [FEMA±1337±DR] approximately 5 p.m. two business days before the meeting for a recorded Senior Associate Commissioner for Policy, New Jersey; Amendment No. 1 to announcement of bank and bank Planning, and Legislation. Notice of a Major Disaster Declaration holding company applications [FR Doc. 00–23327 Filed 9–11–00; 8:45 am] AGENCY: Federal Emergency scheduled for the meeting; or you may BILLING CODE 4160±01±F Management Agency (FEMA). contact the Board’s Web site at http:// ACTION: Notice. www.federalreserve.gov for an electronic announcement that not only DEPARTMENT OF HEALTH AND SUMMARY: This notice amends the notice lists applications, but also indicates HUMAN SERVICES of a major disaster for the State of New procedural and other information about Jersey (FEMA–1337–DR), dated August the meeting. Food and Drug Administration 17, 2000, and related determinations. Dated: September 8, 2000. [Docket No. 00N±1311] EFFECTIVE DATE: August 30, 2000. Robert deV. Frierson, FOR FURTHER INFORMATION CONTACT: Associate Secretary of the Board. Agency Information Collection Madge Dale, Response and Recovery [FR Doc. 00–23544 Filed 9–8–00; 3:22 pm] Directorate, Federal Emergency Activities; Submission for OMB BILLING CODE 6210±01±P Management Agency, Washington, DC Review; Comment Request; Export of 20472, (202) 646–3772. Medical DevicesÐForeign Letters of Approval SUPPLEMENTARY INFORMATION: Notice is DEPARTMENT OF HEALTH AND hereby given that the incident period for HUMAN SERVICES AGENCY: Food and Drug Administration, this disaster is closed effective August HHS. 21, 2000. Food and Drug Administration (The following Catalog of Federal Domestic ACTION: Notice. [Docket No. 00N±1226] Assistance Numbers (CFDA) are to be used for reporting and drawing funds: 83.537, Agency Information Collection SUMMARY: The Food and Drug Community Disaster Loans; 83.538, Cora Administration (FDA) is announcing Brown Fund Program; 83.539, Crisis Activities; Announcement of OMB Counseling; 83.540, Disaster Legal Services Approval; Investigational Device that the proposed collection of Program; 83.541, Disaster Unemployment Exemptions, Reports, and Records information listed below has been Assistance (DUA); 83.542, Fire Suppression submitted to the Office of Management Assistance; 83.543, Individual and Family AGENCY: Food and Drug Administration, and Budget (OMB) for review and Grant (IFG) Program; 83.544, Public HHS. clearance under the Paperwork Assistance Grants; 83.545, Disaster Housing ACTION: Notice. Reduction Act of 1995. Program; 83.548, Hazard Mitigation Grant Program.) SUMMARY: The Food and Drug DATES: Submit written comments on the Lacy E. Suiter, Administration (FDA) is announcing collection of information by October 12, Executive Associate Director, Response and that a collection of information entitled 2000. ‘‘Investigational Device Exemptions, Recovery Directorate. ADDRESSES: Submit written comments [FR Doc. 00–23350 Filed 9–11–00; 8:45 am] Reports, and Records’’ has been approved by the Office of Management on the collection of information to the BILLING CODE 6718±02±P and Budget (OMB) under the Paperwork Office of Information and Regulatory Reduction Act of 1995. Affairs, OMB, New Executive Office Bldg., 725 17th St. NW., rm. 10235, FEDERAL RESERVE SYSTEM FOR FURTHER INFORMATION CONTACT: Peggy Schlosburg, Office of Information Washington, DC 20503, Attn: Wendy Sunshine Act Meeting Resources Management (HFA–250), Taylor, Desk Officer for FDA. Food and Drug Administration, 5600 FOR FURTHER INFORMATION CONTACT: AGENCY HOLDING THE MEETING: Board of Fishers Lane, Rockville, MD 20857, Peggy Schlosburg, Office of Information Governors of the Federal Reserve 301–827–1223. Resources Management (HFA 250), System SUPPLEMENTARY INFORMATION: In the Food and Drug Administration, 5600 TIME AND DATE: 11:00 a.m., Monday, Federal Register of July 6, 2000 (65 FR Fishers Lane, Rockville, MD 20857, September 18, 2000. 41676), the agency announced that the 301–827–1223. PLACE: Marriner S. Eccles Federal proposed information collection had Reserve Board Building, 20th and C been submitted to OMB for review and SUPPLEMENTARY INFORMATION: In Streets, NW., Washington, DC 20551. clearance under 44 U.S.C. 3507. An compliance with 44 U.S.C. 3507, FDA STATUS: Closed. agency may not conduct or sponsor, and has submitted the following proposed MATTERS TO BE CONSIDERED: a person is not required to respond to, collection of information to OMB for 1. Personnel actions (appointments, a collection of information unless it review and clearance. promotions, assignments, displays a currently valid OMB control
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Export of Medical Devices—Foreign of the foreign country to which it is the foreign country has any objection to Letters of Approval—Federal Food, intended for export. the importation of the device into their Drug, and Cosmetic Act—21 U.S.C. Requesters communicate (either country. 381(e)(2) (OMB Control No. 0910 directly or through a business associate The respondents to this collection of 0264)—Extension in the foreign country) with a information are companies that seek to representative of the foreign government export medical devices. Section 801(e)(2) of the Federal Food, to which they seek exportation, and In the Federal Register of June 20, Drug, and Cosmetic Act (the act) (21 written authorization must be obtained 2000 (65 FR 38288), the agency U.S.C. 381(e)(2)) provides for the from the appropriate office within the requested comments on the proposed exportation of an unapproved device foreign government approving the collection of information. No comments under certain circumstances if the importation of the medical device. FDA were received. exportation is not contrary to the public uses the written authorization from the FDA estimates the burden of this health and safety and it has the approval foreign country to determine whether collection of information as follows:
TABLE 1.ÐESTIMATED ANNUAL REPORTING BURDEN 1
Annual Statute No. of Frequency per Total Annual Hours per Total Hours Respondents Response Responses Response
Section 801(e)(2) of the Federal Food, Drug, and Cosmetic Act 20 1 20 2.5 50 Total 50 1 There are no capital costs or operating and maintenance costs associated with this collection of information.
These estimates are based on the Assurance Advisory Committee in the Drug Administration, 5600 Fishers experience of FDA’s medical device Center for Devices and Radiological Lane, Rockville, MD 20857. program personnel, who estimate that Health (CDRH). Nominations will be FOR FURTHER INFORMATION CONTACT: completion of the requirements of this accepted for current vacancies and those Kathleen L. Walker, CDRH (HFZ–17), collection of information should take that will or may occur through August Food and Drug Administration, 2098 approximately 2.5 hours to complete. 31, 2001. Gaither Rd., Rockville, MD 20850, 301– Prior to the enactment of the Food and FDA has a special interest in ensuring 594–1283, ext. 114, Drug Export Reform and Enhancement that women, minority groups, and ([email protected]). Act of 1996, FDA received individuals with disabilities are approximately 800 requests from U.S. adequately represented on advisory SUPPLEMENTARY INFORMATION: FDA is firms to export medical devices under committees and, therefore, encourages requesting nominations of voting section 801(e)(2) of the act. The nominations of qualified candidates members for vacancies listed below. enactment of the Food and Drug Export from these groups. 1. Anesthesiology and Respiratory Reform and Enhancement Act of 1996 Therapy Devices Panel: Three vacancies DATES: Because scheduled vacancies has greatly reduced the number of occurring November 30, 2000; occur on various dates throughout each export permit requests made to the anesthesiologists, pulmonary medicine year, no cutoff date is established for the present estimated 20 per year. specialists, or other experts who have receipt of nominations. However, when Dated: September 5, 2000. specialized interests in ventilatory possible, nominations should be support, pharmacology, physiology, or William K. Hubbard, received at least 6 months before the the effects and complications of Senior Associate Commissioner for Policy, date of scheduled vacancies for each anesthesia. Planning, and Legislation. year, as indicated in this notice. 2. Circulatory System Devices Panel: [FR Doc. 00–23326 Filed 9–11–00; 8:45 am] ADDRESSES: All nominations and Three vacancies immediately, two BILLING CODE 4160±01±F curricula vitae for the device panels vacancies occurring June 30, 2001; should be sent to Nancy J. Pluhowski, interventional cardiologists, DEPARTMENT OF HEALTH AND Advisory Panel Coordinator, Office of electrophysiologists, invasive (vascular) HUMAN SERVICES Device Evaluation (HFZ–400), CDRH, radiologists, vascular and cardiothoracic Food and Drug Administration, 9200 surgeons, and cardiologists with special Food and Drug Administration Corporate Blvd., Rockville, MD 20850. interest in congestive heart failure. All nominations and curricula vitae 3. Dental Products Panel: Two Request for Nominations for Voting for the National Mammography Quality vacancies occurring October 31, 2000; Members on Public Advisory Panels or Assurance Advisory Committee, dentists who have expertise in the areas Committees excluding consumer representatives, of lasers, temporomandibular joint AGENCY: Food and Drug Administration, should be sent to Charles A. Finder, implants and/or endodontics; or experts HHS. CDRH (HFZ–240), Food and Drug in tissue engineering and/or bone Administration, 1350 Piccard Dr., physiology relative to the oral and ACTION: Notice. Rockville, MD 20850. maxillofacial area. SUMMARY: The Food and Drug All nominations and curricula vitae 4. Ear, Nose, and Throat Devices Administration (FDA) is requesting for consumer representatives for the Panel: One vacancy immediately, two nominations for voting members to National Mammography Quality vacancies occurring October 31, 2000; serve on certain device panels of the Assurance Advisory Committee should audiologists, otolaryngologists, Medical Devices Advisory Committee be sent to Mary C. Wallace, Office of neurophysiologists, statisticians, or and the National Mammography Quality Consumer Affairs (HFE–3), Food and electrical or biomedical engineers.
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5. Gastroenterology and Urology gynecology devices; urogynecologists; three regulatory categories; advises on Devices Panel: One vacancy experts in breast care; and experts in any possible risks to health associated immediately, two vacancies occurring gynecology in the older patient. with the use of devices; advises on December 31, 2000; nephrologists with 13. Ophthalmic Devices Panel: Three formulation of product development expertise in diagnostic and therapeutic vacancies occurring October 31, 2000; protocols; reviews premarket approval management of adult and pediatric ophthalmologists specializing in applications for medical devices; patient populations. refractive surgery, vitreo-retinal surgery, reviews guidelines and guidance 6. General and Plastic Surgery Devices and the treatment of glaucoma; vision documents; recommends exemption of Panel: One vacancy immediately, two scientists, electrophysiologists and certain devices from the application of vacancies occurring August 31, 2001; optometrists. portions of the act; advises on the general surgeons, plastic surgeons, 14. Orthopaedic and Rehabilitation necessity to ban a device; and responds biomaterials experts, laser experts, Devices Panel: One vacancy to requests from the agency to review wound healing experts or endoscopic immediately; one vacancy occurring and make recommendations on specific surgery experts. August 31, 2000; five vacancies issues or problems concerning the safety 7. General Hospital and Personal Use occurring August 31, 2001; doctors of and effectiveness of devices. With the Devices Panel: Two vacancies medicine or philosophy with experience exception of the Medical Devices immediately, two vacancies occurring in tissue engineering, calcification or Dispute Resolution Panel, each panel, December 31, 2000; internists, biomaterials; orthopedic surgeons according to its specialty area, may also pediatricians, neonatologists, experienced with prosthetic ligament make appropriate recommendations to gerontologists, nurses, biomedical devices, joint implants, or spinal the Commissioner on issues relating to engineers or microbiologists/infection instrumentation; physical therapists the design of clinical studies regarding control practitioners or experts. experienced in spinal cord injuries, the safety and effectiveness of marketed 8. Hematology and Pathology Devices neurophysiology, electrotherapy, and and investigational devices. Panel: Two vacancies immediately, one joint biomechanics; rheumatologists; or The Dental Products Panel also vacancy occurring February 28, 2001; biomedical engineers. functions at times as a dental drug cytopathologists and histopathologists, 15. Radiological Devices Panel: One panel. The functions of the dental drug hematologists (blood banking, vacancy occurring January 31, 2001; panel are to evaluate and recommend coagulation and hemostasis), molecular physicians and scientists with expertise whether various prescription drug biologists (nucleic acid amplification in nuclear medicine, diagnostic or products should be changed to over-the- techniques), and hematopathologists therapeutic radiology, radiation physics, counter status and to evaluate data and (oncology). mammography, thermography, make recommendations concerning the 9. Immunology Devices Panel: Two transillumination, hyperthermia cancer approval of new dental drug products vacancies occurring February 28, 2001; therapy, bone densitometry, magnetic for human use. persons with experience in medical, resonance, computed tomography, or The Medical Devices Dispute surgical, or clinical oncology, internal ultrasound. Resolution Panel provides advice to the medicine, clinical immunology, allergy, 16. National Mammography Quality Commissioner on complex or contested molecular diagnostics, or clinical Assurance Advisory Committee: One scientific issues between the FDA and laboratory medicine. vacancy immediately; six vacancies medical device sponsors, applicants, or 10. Microbiology Devices Panel: Two occurring January 31, 2001; five shall manufacturers relating to specific vacancies occurring February 28, 2001; include physicians, practitioners, and products, marketing applications, infectious disease clinicians, e.g., other health professionals whose regulatory decisions and actions by pulmonary disease specialists, sexually clinical practice, research FDA, and agency guidance and policies. transmitted disease specialists, pediatric specialization, or professional expertise The panel makes recommendations on infectious disease specialists; clinical include a significant focus on issues that are lacking resolution, are microbiologists; clinical microbiology mammography; and two shall include highly complex in nature, or result from laboratory directors, clinical virologists consumer representatives from among challenges to regular advisory panel with expertise in clinical diagnosis and national breast cancer or consumer proceedings or agency decisions or in vitro diagnostic assays, e.g., health organizations with expertise in actions. hepatologists; molecular biologists; and mammography. National Mammography Quality clinical oncologists experienced with Assurance Advisory Committee antitumor resistance and susceptibility. Functions 11. Neurological Devices Panel: Two The functions of the committee are to vacancies occurring November 30, 2000; Medical Devices Advisory Committee advise FDA on: (1) Developing neurologists with experience in pain The committee reviews and evaluates appropriate quality standards and management and the treatment of data on the safety and effectiveness of regulations for mammography facilities; movement disorders, neurosurgeons marketed and investigational devices (2) developing appropriate standards with experience in pediatric and and makes recommendations for their and regulations for bodies accrediting stereotactic neurosurgery, interventional regulation. The panels engage in a mammography facilities under this neuroradiologists, biomedical engineers, number of activities to fulfill the program; (3) developing regulations or biostatisticians with interest in functions the Federal Food, Drug, and with respect to sanctions; (4) developing neurological devices. Cosmetic Act (the act) envisions for procedures for monitoring compliance 12. Obstetrics and Gynecology Devices device advisory panels. With the with standards; (5) establishing a Panel: Two vacancies occurring January exception of the Medical Devices mechanism to investigate consumer 31, 2001; experts in reproductive Dispute Resolution Panel, each panel, complaints; (6) reporting new endocrinology, endoscopy, according to its specialty area, advises developments concerning breast electrosurgery, laser surgery, assisted the Commissioner of Food and Drugs imaging which should be considered in reproductive technologies, and (the Commissioner) regarding the oversight of mammography contraception; biostatisticians and recommended classification or facilities; (7) determining whether there engineers with experience in obstetrics/ reclassification of devices into one of exists a shortage of mammography
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Requirements To Be Submitted to the interests as identified in this notice. To Office of Management and Budget Qualifications be eligible for selection, the applicant’s (OMB) Panels of the Medical Devices Advisory experience and/or education will be Committee evaluated against Federal civil service In compliance with the requirement criteria for the position to which the of section 3506(c)(2)(A) of the Persons nominated for membership person will be appointed. Paperwork Reduction Act of 1995, in on the panels shall have adequately the near future, the Health Care Selection of members representing diversified experience appropriate to Financing Administration (HCFA), consumer interests is conducted the work of the panel in such fields as Department of Health and Human clinical and administrative medicine, through procedures that include use of Services (DHHS), will be submitting to engineering, biological and physical a consortium of consumer organizations the Office of Management and Budget sciences, statistics, and other related that has the responsibility for (OMB) a request for review of the professions. The nature of specialized recommending candidates for the proposed Appeals Data Collections training and experience necessary to agency’s selection. Candidates should System for Managed Care Organizations qualify the nominee as an expert possess appropriate qualifications to (M+COs) suitable for appointment may include understand and contribute to the In order to seek public input at this experience in medical practice, committee’s work. early juncture and before we seek teaching, and/or research relevant to the Nominations shall include a complete approval for this information collection field of activity of the panel. The curriculum vita of each nominee and from OMB, HCFA will be holding a particular needs at this time for each shall state that the nominee is aware of town hall meeting to discuss the goals panel are shown above. The term of the nomination, is willing to serve as a of the proposed Appeals Data Collection office is up to 4 years, depending on the member, and appears to have no conflict System for M+COs, issues that may appointment date. of interest that would preclude surround it, and the required data elements associated with it. National Mammography Quality membership. FDA will ask the potential Interested persons are invited to Assurance Advisory Committee candidates to provide detailed participate in a public discussion about Persons nominated for membership information concerning such matters as various aspects of this collection of should be physicians, practitioners, and financial holdings, employment, and information, including any of the other health professionals, whose research grants and/or contracts to following subjects: (1) The necessity and clinical practice, research permit evaluation of possible sources of utility of the proposed information specialization, or professional expertise conflict of interest. The nomination collection for the proper performance of include a significant focus on should state whether the nominee is the agency’s functions; (2) the estimated mammography and individuals interested only in a particular advisory burden; (3) ways to enhance the quality, identified with consumer interests. Prior committee or in any advisory utility, and clarity of the information to experience on Federal public advisory committee. The term of office is up to be collected; and (4) the use of committees in the same or similar 4 years, depending on the appointment automated collection techniques or subject areas will also be considered date. other forms of information technology to relevant professional expertise. The This notice is issued under the minimize the information collection particular needs are shown above. The Federal Advisory Committee Act (5 burden. term of office is up to 4 years, Dates: The meeting is scheduled for U.S.C. app. 2) and 21 CFR part 14 depending on the appointment date. September 25, 2000 from 10 a.m. until relating to advisory committees. Nomination Procedures 4 p.m., E.D.T. Dated: September 1, 2000. Persons Interested in Attending or Any interested person may nominate Linda A. Suydam, one or more qualified persons for Requesting More Information Should Senior Associate Commissioner. membership on one or more of the Contact [FR Doc. 00–23325 Filed 9–11–00; 8:45 am] advisory panels or advisory committees. Brandon Bush, (410) 786–0028 Self-nominations are also accepted. BILLING CODE 4160±01±F ([email protected]) Project Nominations shall include a complete Coordinator; John Burke , (410) 786– curriculum vitae of each nominee, 1325 ([email protected]) PRA current business address and telephone Reports Clearance Officer. number, and shall state that the SUPPLEMENTARY INFORMATION: nominee is aware of the nomination, is willing to serve as a member, and Background appears to have no conflict of interest At present, we capture data on ‘‘plan that would preclude membership. FDA level’’ appeal activities at the Medicare will ask the potential candidates to ∂ Choice Organizations (M∂COs), provide detailed information concerning namely those managed care appeals not such matters as financial holdings, resolved at the M∂CO level and which
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Therefore, since our current Technology Investment Management Group, Written comments and/or suggestions data collection efforts represent only a Division of HCFA Enterprise Standards, from the public and affected agencies Health Care Financing Administration. portion of a M∂CO’s total appeal are invited on one or more of the [FR Doc. 00–23495 Filed 9–8–00; 12:16 pm] activity, it is insufficient to (1) assess following points: (1) Whether the plans’ performance and provide BILLING CODE 4120±03±P proposed collection of information is feedback for improvement of their necessary for the proper performance of the functions of the agency, including appeals process; and (2) review DEPARTMENT OF HEALTH AND whether the information shall have ‘‘enrollee-specific’’ appeal trends. (3) HUMAN SERVICES practical utility; (2) The accuracy of the allow beneficiaries to make plan to plan agency’s estimate of the burden National Institutes of Health comparisons based on the depth of (including hours and cost) of the sufficient data. Proposed Collection; Comment proposed information collection; (3) Through Operational Policy Letters Request; National Survey of Ways to enhance the quality, utility, and (O.P.Ls) and Federal Register notices as Nonhuman Primate Research Use clarity of the information to be well as industry association and collected; and (4) Ways to minimize the beneficiary group meetings, we have SUMMARY: In compliance with the burden of the collection of information made clear our intent to implement a requirement of Section 3506(c)(2)(A) of on respondents, including through the data collection system to which M∂COs the Paperwork Reduction Act of 1995, use of automated collection techniques will be required to periodically submit for opportunity for public comment on or other forms of information their appeal activity. Prior to finalizing proposed data collection projects, the technology. the design of the data collection system, National Center for Research Resources FOR FURTHER INFORMATION CONTACT: To we are interested in validating our (NCRR), the National Institutes of request more information on the requirements of M∂COs through a Health (NIH) will publish periodic proposed project or to obtain a copy of public process involving those who will summaries of proposed project to be the data collection plans and use the information (for example, submitted to the Office of Management instruments, contact: Patricia Newman, beneficiaries, M∂COs, researchers, other and Budget (OMB) for review and Program Analyst, NCRR Office of purchasers, the public, and us). This approval. Science Policy, 6705 Rockledge Drive, public venue will afford us the Proposed Collection Suite 5046, Bethesda, MD 20892–7965, opportunity to educate the users about or call non-toll-free number (301) 435– our efforts to assist beneficiaries in Title: The National Survey of 0866 or E-mail your request, including making informed decisions when Nonhuman Primate Research Use. Type your address to: [email protected] choosing plans. It will also serve to of Information Collection Request: Comments Due Date: Comments NEW. Need and Use of Information educate participants about the breadth regarding this information collection are Collection: The National Center for of data that can be collected , and to best assured of having their full effect if Research Resources (NCRR) seeks to receive input on data to be collected. received within 60-days of the date of evaluate the support that it provides this publication. investigators for scientific research Agenda Dated: August 31, 2000. involving nonhuman primates. NCRR The meeting will begin at 10 a.m. wants to ensure that the NIH support Louise E. Ramm, with an introduction to the system. We structure for nonhuman primate Deputy Director, NCRR. will give an overview to the participants research permits all investigators with [FR Doc. 00–23314 Filed 9–11–00; 8:45 am] of the proposed data elements to be meritorious research proposals to have BILLING CODE 4140±01±M considered. Informational booklets and access to scarce animal and specimen writing materials will be provided at the resources. NCRR will collect meeting. information using an Internet survey. DEPARTMENT OF HEALTH AND HUMAN SERVICES After the introduction and initial The online survey will be implemented using SSL (Secure Socket Layer) discussion, participants will be able to National Institutes of Health encryption technology and password break up into four groups, which will be access. NCRR will use first-class mail led by facilitators and employees of our National Center for Complementary & and e-mail messages to advise Alternative Medicine; Notice of Meeting staff to review the elements and discus investigators that they have been concerns. The information gathered in selected to participate in the survey. Pursuant to Section 10(d) of the these sessions will then be shared and Frequency of Response: One time Federal Advisory Committee Act, as discussed with the group as a whole. survey. Affected Public: Not-for-profit amended (5 U.S.C. Appendix 2), notice Afterwards, the participants will again institutions. Type of Respondents: NIH- is hereby given of the Cancer Advisory break up into four separate groups for supported investigators. The annual Panel for Complementary and one last session, which will be shared reporting burden is as follows: Alternative Medicine (CAPCAM). and discussed with the entire group. Estimated Number of Respondents: 878; The meeting is open to the public as At the conclusion of the meeting we Estimated Number of Responses per indicated below, with attendance will provide a summary of the meeting, Respondent: 1; Estimated Burden Hours limited to space available. Individuals discussions and recommendations for Per Response: 30; Estimated Total who plan to attend and need special data elements. Annual Burden Hours: 439. The assistance, such as sign language annualized cost to respondents is interpretation or other reasonable estimated at $178,588. There are no accommodations, should notify the
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Contact Person listed below in advance This notice is being published less 93.337, 93.393–93.396, 93.837–93.844, of the meeting. than 15 days prior to the meeting due 93.846–93.878, 93.892, 93.893, National Institutes of Health, HHS) The meeting will be closed to the to scheduling conflicts. Dated: August 31, 2000. public in accordance with the Dated: September 1, 2000. Anna Snouffer, provisions set forth in sections LaVerne Y. Stringfield, Acting Director, Office of Federal Advisory 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Director, Office of Federal Advisory Committee Policy. as amended, for the discussions of Committee Policy, NIH. [FR Doc. 00–23315 Filed 9–11–00; 8:45 am] individual patient information, the [FR Doc. 00–23316 Filed 9–11–00; 8:45 am] BILLING CODE 4130±01±M disclosure of which would constitute a BILLING CODE 4140±01±M clearly unwarranted invasion of personal privacy. Name of Committee: Cancer Advisory DEPARTMENT OF HEALTH AND DEPARTMENT OF THE INTERIOR Panel for Complementary and Alternative HUMAN SERVICES Medicine. Fish and Wildlife Service Date: September 18, 2000. National Institutes of Health Open: 1:00 pm to adjournment. Information Collection To Be Agenda: The agenda will include a report Center for Scientific Review; Notice of Submitted to the Office of Management on clinical trial data on Virulizen (R) use for Closed Meetings and Budget (OMB) for Approval Under pancreatic cancer, an update on NIH the Paperwork Reduction Act (PRA) initiatives for CAM and Cancer treatments, Pursuant to section 10(d) of the and other business of the Panel. Federal Advisory Committee Act, as ACTION: New information collection. Closed: 8:30 am to 11:30 am. amended (5 U.S.C. Appendix 2), notice Agenda: To discuss individual patient is hereby given of the following SUMMARY: The U.S. Fish and Wildlife information. meetings. Service (Service) plans to submit the Place: Pooks Hill Marriott, 5151 Pooks Hill The meetings will be closed to the collection of information requirement Road, Bethesda, MD. public in accordance with the described below to the Office of Contact Person: Richard Nahin, Ph.D., provisions set forth in sections Management and Budget (OMB) for Executive Secretary, National Center for approval under the provisions of the Complementary & Alternative Medicine, 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., National Institutes of Health, 9000 Rockville as amended. the grant applications and Paperwork Reduction Act (PRA). You Pike, Room 5B36, Bethesda, MD 20892, 301– the discussions could disclose may obtain copies of the collection 496–4792. confidential trade secrets or commercial requirement and related forms and property such as patentable material, explanatory material by contacting the The public comments session is and personal information concerning Service’s Information Collection scheduled from 4:30 pm to 5:00 pm. individuals associated with the grant Clearance Officer at the phone number Each speaker will be permitted 5 applications, the disclosure of which listed below. The Service is soliciting minutes for their presentation. would constitute a clearly unwarranted comment and suggestions on the Interested individuals and invasion of personal privacy. requirement as described below. representatives of organizations are DATES: Interested parties must submit requested to notify Dr. Richard Nahin, Name of Committee: Center for Scientific comments on or before November 13, National Center for Complementary and Review Special Emphasis Panel. Date: September 6, 2000. 2000. Alternative Medicine, NIH, 31 Center Time: 12:00 pm to 1:00 pm. ADDRESSES: Drive, (MSC 2182), Building 31, Room Agenda: To review and evaluate grant Interested parties should 5B36, Bethesda, Maryland, 20892, 301– applications. send comments and suggestions on the 496–4792, Fax 301–402–4741. Letters of Place: NIH, Rockledge 2, Bethesda, MD requirement to Rebecca A. Mullin, intent to present comments, along with 20892 (Telephone Conference Call). Information Collection Clearance a brief description of the organization Contact Person: Stephen M. Nigida, PhD, Officer, U.S. Fish and Wildlife Service, represented, should be received no later Scientific Review Administrator, Center for 4401 North Fairfax Drive, Suite 222, than 5:00 pm on September 13, 2000. Scientific Review, National Institutes of Arlington, VA 22203, (703) 358–2287 or Health, 6701 Rockledge Drive, Room 4112, [email protected] E-mail. Only one representative of an MSC 7812, Bethesda, MD 20892, (301) 435– organization may present oral 3565. FOR FURTHER INFORMATION CONTACT: Jack comments. Any person attending the This notice is being published less than 15 Hicks, (703) 358–1851, fax (703) 358– meeting who does not request an days prior to the meeting due to the timing 1837, or Jack_Hicks @fws.gov E-mail. opportunity to speak in advance of the limitations imposed by the review and SUPPLEMENTARY INFORMATION: meeting may be considered for oral funding cycle. Title of Form: NEPA COMPLIANCE presentation, if time permits. and at the Name of Committee: Center for Scientific CHECKLIST discretion of the Chairperson. In Review Special Emphasis Panel FWS Form Number: 3–2185 addition, written comments may be Date: September 21–23, 2000 Time: 7:00 pm to 4:00 pm. OMB Approval Number: 1018–XXXX submitted to Dr. Nahin at the address The Service will submit to OMB an listed above up to ten calendar days Agenda: To review and evaluate grant applications. approval request before collecting (September 28, 2000) following the Place: Hampton Inn, 1101 E. College information. meeting. Avenue, College Station, PA 16801. Description and Use: The Service Copies of the meeting agenda and the Contact Person: Lee Rosen, PhD, Scientific administers several grant programs roster of members will be furnished Review Administrator, Center for Scientific authorized by the Federal Aid in upon request by Dr. Richard Nahin, Review, National Institutes of Health, 6701 Wildlife Restoration Act, the Federal Executive Secretary, CAPCAM, National Rockledge Drive, Room 5116, MSC 7854, Aid in Sport Fish Restoration Act, the Bethesda, MD 20892, (301) 435–1171. Institutes of Health, Building 31, Room Anadromous Fish Conservation Act, the 5B36, 31 Center Drive, Bethesda, (Catalogue of Federal Domestic Assistance Endangered Species Act, the Clean Maryland 20892, 301 496–4792, Fax Program Nos. 93.306, Comparative Medicine, Vessel Act, the Sportfishing and Boating 301–402–4741. 93.306; 93.333, Clinical Research, 93.333, Safety Act, North American Wetlands
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Conservation Act, the Coastal Wetlands all the required information. Only about information; (3) ways to enhance the Planning, Protection and Restoration 3 percent of the Service’s applicants for quality, utility, and clarity of the Act, and through other Acts and either a new grant or for an amendment information to be collected; and, (4) authorities. The Service uses the to an existing grant will meet the ways to minimize the burden of information collected to make a criteria, and need to complete the NEPA collection of information on determination as to National Compliance Checklist. respondents, including through the use Environmental Policy Act compliance. of appropriate automated, electronic, SUPPLEMENTAL INFORMATION: The Service The State or other grantee uses the mechanical, or other technological plans to submit the following checklist as a guide to general NEPA collection techniques or other forms of information collection requirements to requirements and it becomes an information technology. administrative record to meet their OMB for review and approval under the assurances requirements for receiving a Paperwork Reduction Act of 1995, Frequency: Generally annually. grant. Grant applicants provide the Public Law 104–13. Comments are Description of Respondents: State information requested in the NEPA invited on: (1) Whether the collection of Government, territorial (the Compliance Checklist in order to qualify information is necessary for the proper Commonwealth of Puerto Rico, the to receive benefits in the form of grants performance of the functions of the District of Columbia, the for purposes outlined in the applicable agency, including whether the Commonwealth of the Northern Mariana law. This form is designed to cause the information will have practical utility; Islands, Guam, the Virgin Islands, and minimum impact in the form of hourly (2) the accuracy of the agency’s American Samoa), local governments, burden on grant applicants and still get estimates of burden of the collection of and others receiving grant funds.
COMPLETION TIME AND ANNUAL RESPONSE AND BURDEN ESTIMATE
Completion time per Annual Annual Form name checklist response burden
NEPA Compliance Checklist ...... 1¤2 160 80
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Dated: September 5, 2000. following office within 30 days of the Documents and other information Rebecca A. Mullin, date of publication of this notice: U.S. submitted with this application are U.S. Fish and Wildlife Service Information Fish and Wildlife Service, Division of available for review, subject to the Collection Officer. Management Authority, 4401 North requirements of the Privacy Act and [FR Doc. 00–23251 Filed 9–11–00; 8:45 am] Fairfax Drive, Room 700, Arlington, Freedom of Information Act, by any BILLING CODE 4310±55±M Virginia 22203. Phone: (703/358–2104); party who submits a written request for FAX: (703/358-2281). a copy of such documents to the Dated: September 6, 2000. following office within 30 days of the DEPARTMENT OF THE INTERIOR Rosemarie Gnam, date of publication of this notice: U.S. Fish and Wildlife Service, Division of Fish and Wildlife Service Chief, Branch of CITES Operations, Division of Management Authority. Management Authority, 4401 North Fairfax Drive, Room 700, Arlington, [FR Doc. 00–23360 Filed 9–11–00; 8:45 am] Notice of Receipt of Application for Virginia 22203. Phone: (703/358–2104); Approval BILLING CODE 4310±55±P FAX: (703/358–2281). The following applicant has applied Dated: September 6, 2000 for approval to conduct certain activities DEPARTMENT OF THE INTERIOR Rosemarie Gnam, with birds that are protected in Chief, Branch of CITES Operations Division accordance with the Wild Bird Fish and Wildlife Service of Management Authority. Conservation Act of 1992. This notice is [FR Doc. 00–23361 Filed 9–11–00; 8:45 am] provided pursuant to section 112(4) of Notice of Receipt of Application for BILLING CODE 4310±55±P the Wild Bird Conservation Act of 1992, Approval 50 CFR 15.26(c). The following applicant has applied Applicant: Mr. Jan Roger van Oosten, for approval to conduct certain activities DEPARTMENT OF THE INTERIOR Seattle, Washington, on behalf of the with birds that are protected in Solomon Islands Parrot Consortium accordance with the Wild Bird Bureau of Land Management (CB016). The applicant wishes to amend Conservation Act of 1992. This notice is approved cooperative breeding program provided pursuant to Section 112(4) of [ID±075±2822±JL±G172] CB 016, to include Ducorp’s cockatoo the Wild Bird Conservation Act of 1992, (Cacatua ducorpsii). In addition, the 50 CFR 15.26(c). Notice of Closure to Livestock Grazing applicant wishes to include additional Applicant: Mr. Rick Jordan, Dripping Use and Notice of Intent To Impound specimens of Yellow-bibbed lory (Lorius Springs, Texas, on behalf of the chlorocercus). The International Cooperative Breeding Program for SUMMARY: Effective immediately, the Loriinae Society maintains Crimson-bellied conure (CB 009). The Warm Springs allotment, #05315 is responsibility for the oversight of the applicant wishes to amend approved closed to livestock grazing as well as program. cooperative breeding program CB 009, that portion of Houtz Canyon allotment, Written data or comments should be to include the following species of #05316 north of the Houtz Canyon submitted to the Director, U.S. Fish and conure: Hoffman’s conure (Pyrrhura Road. This closure will remain in effect Wildlife Service, Division of hoffmani hoffmani and Pyrrhura until March 1, 2003; or until such time Management Authority, 4401 North hoffmani gaudens). The American as the authorized officer of the Bureau Fairfax Drive, Room 700, Arlington, Federation of Aviculture maintains of Land Management (BLM), Malad Virginia 22203 and must be received by responsibility for the oversight of the Resource Area determines the closure the Director within 30 days of the date program. may be lifted. This closure is a direct of this publication. Written data or comments should be result of a wildfire that burned this area Documents and other information submitted to the Director, U.S. Fish and in July of 2000 and subsequent submitted with this application are Wildlife Service, Division of rehabilitation efforts of the BLM. The available for review, subject to the Management Authority, 4401 North closure will promote the requirements of the Privacy Act and Fairfax Drive, Room 700, Arlington, reestablishment of vegetation on this Freedom of Information Act, by any Virginia 22203 and must be received by site and improve the potential for party who submits a written request for the Director within 30 days of the date recovery of wildlife and livestock a copy of such documents to the of this publication. forage.
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This notice is also to inform the Spring Creek Coal Company in a DEPARTMENT OF THE INTERIOR public and permittees that any program for the exploration of coal unauthorized livestock grazing upon deposits owned by the United States of Bureau of Land Management public land or other lands under the America in the following-described [WY±920±1320±EL] BLM’s control is in violation of 43 CFR lands located in Big Horn County, 4140.1(b)(1) and may be impounded. Montana, encompassing 520.00 acres: Powder River Regional Coal Team The unauthorized livestock may be Activities: Notice of Public Meeting impounded after five days from delivery T. 8 S., R. 39 E., P.M.M. Sec. 14: E1⁄2SE1⁄4 AGENCY: Bureau of Land Management, of this notice or any time after five days 1 from publishing and posting this notice. Sec. 21: SE ⁄4 Interior. Sec. 22: SW1⁄4SW1⁄4 Unauthorized livestock within the ACTION: Notice of public meeting. Sec. 23: N1⁄2NE1⁄4 Warm Springs and the Houtz Canyon Sec. 24: N1⁄2NW1⁄4 SUMMARY: The Powder River Regional allotments, may be impounded without T. 8 S., R. 40 E., P.M.M. Coal Team (RCT) has scheduled a public further notice any time in the 12-month Sec. 30: S1⁄2SE1⁄4 meeting for October 25, 2000, to review period beginning five days from receipt current and proposed activities in the of this notice as authorized by 43 CFR SUPPLEMENTARY INFORMATION: Any party Powder River Coal Region and to review 4150.4–2. This notice is issued in electing to participate in this pending coal lease applications (LBA). accordance with 43 CFR 4150.4–1 (a) exploration program shall notify, in DATES: The RCT meeting will begin at 9 and (b); any impoundment of writing, both the State Director, Bureau unauthorized livestock in connection a.m. M.D.T. on Wednesday, October 25, of Land Management, P.O. Box 36800, 2000. The meeting is open to the public. with this notice will be done in Billings, Montana 59107–6800; and accordance with 43 CFR 4150.4–2. ADDRESSES: The meeting will be held at Spring Creek Coal Company, P.O. Box the Hitching Post Inn, 1700 W. Pursuant to 43 CFR 4150.4–4, any 67, Decker, Montana 59025. Such owner or his agent, or both, or lien- Lincolnway, Cheyenne, Wyoming written notice must refer to serial holder of record of the impounded 82001, 307–638–3301. Attendees are number MTM 90308 and be received no livestock may redeem them under these responsible for making their own regulations or, if a suitable agreement is later than 30 calendar days after reservations. publication of this Notice in the Federal in effect, in accordance with State law, FOR FURTHER INFORMATION CONTACT: Mel prior to the time of sale upon settlement Register or 10 calendar days after the Schlagel, Wyoming State Office, P.O. with the United States under Sec. last publication of this Notice in the Box 1828, MS–922, Cheyenne, 4150.3 or adequate showing that there Sheridan Press newspaper, whichever is Wyoming 82003, telephone 307–775– has been no violation. later. This Notice will be published 6257. once a week for two (2) consecutive SUPPLEMENTARY INFORMATION: The area SUPPLEMENTARY INFORMATION: The weeks in the Sheridan Press, Sheridan, of closure is located in the northwestern primary purpose of the meeting is to Wyoming. portion of Rockland Valley, within the discuss pending coal lease by above mentioned allotments and more The proposed exploration program is applications (LBA) in the Powder River specifically described wholly or fully described, and will be conducted Basin. Specific topics for the Powder partially in T. 10 S., R. 29 E., secs. 12, pursuant to an exploration plan to be River (RCT) to consider are: 13, 24, and 25; T. 10 S., R. 30 E., secs. approved by the Bureau of Land 1. North Jacobs Ranch LBA. A follow- 7, 18, 19, 20, 28, 29, 30, 31, and 32; Management. The exploration plan, as up discussion on the North Jacobs Detailed maps of the area closed to submitted by Spring Creek Coal Ranch LBA (Kennecott) is needed. This livestock grazing are available at the Company, is available for public LBA was discussed at the February 1998 Malad Field Station, Malad, Idaho. inspection at the Bureau of Land RCT meeting in Billings and again at the FOR FURTHER INFORMATION CONTACT: The Management, Montana State Office, 1999 RCT meeting in Gillette. Several Malad Field Station, 138 S. Main, 5001 Southgate Drive, Billings, items such as coal and oil and gas Malad, ID 83252 or the Pocatello Field Montana, during regular business hours conflicts need further followup by the Office, 1111 N. 8th Avenue, Pocatello, (9 a.m. to 4 p.m.), Monday through RCT. ID 83201. Friday. 2. Belle Ayr LBA. The Belle Ayr Mine Dated: August 28, 2000. (RAG) recently requested accelerated processing for a portion of the original Jeff Steele, FOR FURTHER INFORMATION CONTACT: either Robert Giovanini, Mining Belle Ayr LBA. The original LBA Pocatello Field Manager. contained approximately 1,335.39 acres [FR Doc. 00–23281 Filed 9–11–00; 8:45 am] Engineer, or Bettie Schaff, Land Law Examiner, Branch of Solid Minerals with approximately 171 million tons of BILLING CODE 4310±GG±P (MT–921), Bureau of Land Management, Federal coal. The accelerated lease Montana State Office, P.O. Box 36800, application reduced the original LBA by 243.61 acres and 29 million tons of DEPARTMENT OF THE INTERIOR Billings, Montana 59017–6800, telephone (406) 896–5084 or (406) 896– Federal coal. The RCT needs to consider the processing schedule for the Bureau of Land Management 5063, respectively. accelerated lease application and to [MT–921–00–1320–EL–P; MTM 90308] Date: September 6, 2000. reschedule the original Belle Ayr LBA. AGENCY: Bureau of Land Management, Randy D. Heuscher, 3. State Section LBA. This new LBA, Montana State Office. Chief, Branch of Solid Minerals. filed by Evergreen Enterprises, is for ACTION: Notice of Invitation—Coal [FR Doc. 00–23320 Filed 9–11–00; 8:45 am] 8,494.13 acres with approximately 712.1 million tons of Federal coal. Exploration License Application MTM BILLING CODE 4310±$$±P 90308. Approximately 4,741 acres and 519 million tons of Federal coal within this SUMMARY: Members of the public are LBA overlap with the North Jacobs hereby invited to participate with Ranch LBA. The RCT needs to consider
VerDate 112000 16:45 Sep 11, 2000 Jkt 190000 PO 00000 Frm 00048 Fmt 4703 Sfmt 4703 E:\FR\FM\12SEN1.SGM pfrm01 PsN: 12SEN1 Federal Register / Vol. 65, No. 177 / Tuesday, September 12, 2000 / Notices 55037 the processing schedule for the State —Review and recommendation(s) on or evening meetings on this day. The Section LBA. pending Lease Application(s). exact time and location of the 4. NARO LBA. This is a new LBA 6. Discussion of the next meeting. Subcommittee meetings will be filed by the Powder River Coal 7. Adjourn. established by the Chairperson of each Company (Peabody) for the North Subcommittee earlier in the day during Antelope Rochelle Mine. Approximately Alan R. Pierson, the RAC meeting. On Friday, October 4,501 acres and 564 million tons of State Director. 13, 2000, the meeting starts at 8:00 a.m. Federal coal are involved. The Powder [FR Doc. 00–23318 Filed 9–11–00; 8:45 am] and will end about 3:00 p.m. The River Coal Company also has a small BILLING CODE 4310±22±P ending time of 3:00 p.m. may be lease modification pending changed depending on the work (WYW136142). The RCT needs to remaining for the RAC. The draft agenda consider the processing schedule for the DEPARTMENT OF THE INTERIOR for the RAC meeting includes agreement NARO LBA. Bureau of Land Management on the meeting agenda, any RAC 5. Little Thunder Creek LBA. This comments on the draft minutes of the new LBA, filed by Ark Land Company, [NM±910±00±1020±PB] last RAC meeting on August 23 through is for the Black Thunder Mine. 25, 2000, in Gallup, NM, a check-in Approximately 2,709.5 acres and 383.6 New Mexico Resource Advisory from the RAC members and the million tons of Federal coal are Council Meeting following planned presentations that involved. The RCT needs to consider AGENCY: Bureau of Land Management, also include discussion: A brief review the processing schedule for the Little Interior. of the OHV issue which was discussed Thunder Creek LBA. ACTION: Notice of council meeting. in depth at the last meeting, an 6. West Roundup LBA. Triton Coal overview by Joseph Brunner, Manager of Company filed this new LBA for the SUMMARY: In accordance with the Environmental Services, Chino Mine North Rochelle Mine. Approximately Federal Land Policy and Management Services, of a project to study the 1,869.12 acres and 173.2 million tons of Act and the Federal Advisory impacts of historic mining operations on Federal coal are involved. Triton Coal Committee Act of 1972 (FACA), 5 U.S.C. human health and the environment in also has a small lease modification Appendix 1, The Department of the and around the Santa Rita Mine, and to pending (WYW127221). The RCT needs Interior, Bureau of Land Management remediate those impacts, and a to consider the processing schedule for (BLM), announces a meeting of the New presentation by Eddie Humphrey, the West Roundup LBA. Mexico Resource Advisory Council Manager of Environmental remediation 7. North Hay Creek Tract. Triton Coal (RAC). The meeting will be held on at the Pinos Altos Mine Reclamation Company filed this new LBA for the October 12 and 13, 2000, at the Copper Project, a small underground mine near Buckskin Mine. Approximately 1,015.51 Manor Motel, 710 Silver Heights Blvd, Silver City. The Bureau of Land acres and 135 million tons of Federal Silver City, NM 88062. Management and the State of New coal are involved. The RCT needs to There will be an optional all day field Mexico will also provide speakers on consider the processing schedule for the trip on Wednesday, October 11, 2000. the main topics. Jon Borne, New Mexico North Hay Creek Tract. Transportation will be provided for RAC State University, Regional Task Force on 8. Any other LBAs filed before the members. The optional field trip will be the Southwestern Willow Flycatcher has October 25, 2000, meeting. organized by the Las Cruces Field Office been invited, as well a speaker from The RCT may generate of the Bureau of Land Management and New Mexico Energy, Minerals and recommendation(s) for any or all of hosted by Phelps Dodge Mining Natural Resources. these topics: Company, which operates the Chino, The meeting is open to the public, Any party interested in providing Tyrone and Cobre mines near Silver and starting at 2:45 p.m. on Thursday, comments or data related to the above City. October 12, 2000, there will be an pending applications may either do so The Field Tour will leave from the additional 15 minute Public Comment in writing to the State Director (925), Copper Manor Motel at 8:00 a.m. and Period for members of the public who Wyoming State Office, Bureau of Land proceed to the Gila River area near Cliff, are not able to be present for the regular Management, P.O. Box 1828, Cheyenne, NM. Mr. Thomas L. Shelley, Manager of Public Comment Period on Friday, WY 82003, no later than October 13, Environmental Services at Phelps Dodge October 13, to address the RAC. The 2000, or by addressing the RCT with Tyrone, Inc., will provide a tour of meeting on Friday, August 25 will start his/her concerns at the meeting on Southwestern Willow Flycatcher habitat at 8:00 a.m. with a review of the agenda October 25, 2000. managed by the Tyrone Mine. The thus far. At 8:15 a.m., BLM State of the The draft agenda for the meeting Southwestern Willow Flycatcher is a Field Office Reports will take place, follows: small, migratory bird classified as presented by Field Office managers with 1. Introduction of RCT Members and endangered by the Endangered Species a concentration on conditions of grazing guests. Act. This portion of the Gila River allotments, community based planning, 2. Approval of the Minutes of the valley is home to the largest known abandoned mines, assessments of February 23, 1999, Regional Coal Team population of this species. The tour will fundamentals (Standards and meeting held in Gillette, Wyoming. proceed to the Chino Mine. An Guidelines). 3. Industry Presentations: overview presentation of the Chino The regular Public Comment Period —Jacobs Ranch Coal Company facility will be given. The Chino Mine for the Public to address the RAC is on —Belle Ayr Coal Company will be toured during the afternoon. The Friday, August 25, 2000, from 10:00 —Evergreen Enterprises tour will return to Silver City by 5:00 a.m. to 12:00 noon. The RAC may —Powder River Coal Company p.m. reduce or extend the end time of 12:00 —Ark Land Company The meeting on Thursday, October 12, noon depending on the number of —Triton Coal Company 2000, starts at 8:00 a.m. and will end people wishing to address the RAC. 4. Other pending coal action updates about 5:00 p.m. Anyone wishing to address the RAC 5. RCT Activity Planning The three established RAC should be present at the 10:00 a.m. Recommendations Subcommittees may have late afternoon starting time. The length of time
VerDate 112000 16:45 Sep 11, 2000 Jkt 190000 PO 00000 Frm 00049 Fmt 4703 Sfmt 4703 E:\FR\FM\12SEN1.SGM pfrm01 PsN: 12SEN1 55038 Federal Register / Vol. 65, No. 177 / Tuesday, September 12, 2000 / Notices available for each person to address the unsurveyed Townships 21, 22, 23, and Principal Meridian, Montana, was RAC will be established at the start of 24 North, Ranges 31, 32, 33, and 34 accepted August 18, 2000. the public comment period and will West, Principal Meridian, Montana, was T. 23 N., R. 28 W. depend on how many people wish to accepted August 21, 2000. The plat, representing Amended T. 21 N., R. 31 W. Protraction Diagram 32 of unsurveyed address the RAC. At the completion of The plat, representing Amended Township 23 North, Range 28 West, public comments, the RAC may Protraction Diagram 31 of unsurveyed Principal Meridian, Montana, was continue discussion on its agenda items. Township 21 North, Range 31 West, accepted August 18, 2000. Scheduled at 1:00 p.m. are RAC Principal Meridian, Montana, was T. 24 N., R. 28 W. Subcommittee Reports from the Urban accepted August 21, 2000. The plat, representing Amended and Open Space Subcommittee, the T. 22 N., R. 31 W. Protraction Diagram 32 of unsurveyed Roads and Trails Subcommittee, and the The plat, representing Amended Township 24 North, Range 28 West, Oil and Gas Subcommittee. These Protraction Diagram 31 of unsurveyed Principal Meridian, Montana, was Township 22 North, Range 31 West, reports are followed by RAC discussions accepted August 18, 2000. Principal Meridian, Montana, was T. 25 N., R. 28 W. and any RAC recommendations, accepted August 21, 2000. The plat, representing Amended development of draft agenda items, T. 23 N., R. 31 W. Protraction Diagram 32 of unsurveyed selection of a location for the next RAC The plat, representing Amended Township 25 North, Range 28 West, meeting and a RAC assessment of the Protraction Diagram 31 of unsurveyed Principal Meridian, Montana, was current meeting. Township 23 North, Range 31 West, accepted August 18, 2000. Principal Meridian, Montana, was FOR FURTHER INFORMATION CONTACT: T. 23 N., R. 29 W. accepted August 21, 2000. The plat, representing Amended Mary White, New Mexico State Office, T. 21 N., R. 32 W. Office of External Affairs, Bureau of Protraction Diagram 32 of unsurveyed The plat, representing Amended Township 23 North, Range 29 West, Land Management, 1474 Rodeo Road, Protraction Diagram 31 of unsurveyed Principal Meridian, Montana, was P.O. Box 27115, Santa Fe, New Mexico Township 21 North, Range 32 West, accepted August 18, 2000. 87502–0115, telephone (505) 438–7404. Principal Meridian, Montana, was T. 24 N., R. 29 W. SUPPLEMENTARY INFORMATION: The accepted August 21, 2000. The plat, representing Amended purpose of the Resource Advisory T. 22 N., R. 32 W. Protraction Diagram 32 of unsurveyed The plat, representing Amended Township 24 North, Range 29 West, Council is to advise the Secretary of the Protraction Diagram 31 of unsurveyed Interior, through the BLM, on a variety Principal Meridian, Montana, was Township 22 North, Range 32 West, accepted August 18, 2000. of planning and management issues Principal Meridian, Montana, was T. 24 N., R. 30 W. associated with the management of accepted August 21, 2000. The plat, representing Amended public lands. The Council’s T. 23 N., R. 32 W. Protraction Diagram 32 of unsurveyed responsibilities include providing The plat, representing Amended Township 24 North, Range 30 West, advice on long-range planning, Protraction Diagram 31 of unsurveyed Principal Meridian, Montana, was establishing resource management Township 23 North, Range 32 West, accepted August 18, 2000. priorities and assisting the BLM to Principal Meridian, Montana, was accepted August 21, 2000. The amended protraction diagrams identify State and regional standards for T. 24 N., R. 32 W. were prepared at the request of the U.S. rangeland health and guidelines for The plat, representing Amended Forest Service to accommodate Revision grazing management. Protraction Diagram 31 of unsurveyed of Primary Base Quadrangle Maps for Dated: September 5, 2000. Township 24 North, Range 32 West, the Geometronics Service Center. Richard A. Whitley, Principal Meridian, Montana, was A copy of the preceding described accepted August 21, 2000. Associate State Director. plats of the amended protraction T. 23 N., R. 32 W. diagrams accepted August 18 and 21, [FR Doc. 00–23319 Filed 9–11–00; 8:45 am] The plat, representing Amended 2000, will be immediately placed in the BILLING CODE 4310±FB±M Protraction Diagram 31 of unsurveyed Township 23 North, Range 32 West, open files and will be available to the Principal Meridian, Montana, was public as a matter of information. DEPARTMENT OF THE INTERIOR accepted August 21, 2000. If a protest against these amended T. 24 N., R. 33 W. protraction diagrams, accepted August Bureau of Land Management The plat, representing Amended 18 and 21, 2000, as shown on these Protraction Diagram 31 of unsurveyed plats, is received prior to the date of the [MT±929±00±1910±HE±4677±UT940] Township 24 North, Range 33 West, official filings, the filings will be stayed Principal Meridian, Montana, was Montana: Filing of Amended pending consideration of the protests. accepted August 21, 2000. These particular plats of the amended Protraction Diagram Plats T. 24 N., R. 34 W. The plat, representing Amended protraction diagrams will not be AGENCY: Bureau of Land Management, Protraction Diagram 31 of unsurveyed officially filed until the day after all Montana State Office, Interior. Township 24 North, Range 34 West, protests have been accepted or ACTION: Notice. Principal Meridian, Montana, was dismissed and become final or appeals accepted August 21, 2000. from the dismissal affirmed. SUMMARY: The plats of the amended Tps. 22, 23, 24, and 25 N., Rs. 28, 29, and FOR FURTHER INFORMATION CONTACT: protraction diagrams accepted August 30 W. Bureau of Land Management, 5001 18 and 21, 2000, of the following The plat, representing the Amended Protraction Diagram 32 Index of Southgate Drive, P.O. Box 36800, described lands are scheduled to be Billings, Montana 59107–6800. officially filed in the Montana State unsurveyed Townships 22, 23, 24, and Office, Billings Montana, thirty (30) 25 North, Ranges 28, 29, and 30 West, Dated: August 29, 2000. Principal Meridian, Montana, was Steven G. Schey, days from the date of this publication. accepted August 18, 2000. Tps. 21, 22, 23, and 24 N., Rs. 31, 32, 33, and T. 22 N., R. 28 W. Chief Cadastral Surveyor, Division of 34 W. The plat, representing Amended Resources. The plat, representing the Amended Protraction Diagram 32 of unsurveyed [FR Doc. 00–23364 Filed 9–11–00; 8:45 am] Protraction Diagram 31 Index of Township 22 North, Range 28 West, BILLING CODE 4310±DN±P
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DEPARTMENT OF THE INTERIOR above office upon required payment. A includes approximately 76 miles of person or party who wishes to protest coastline and 200,000 acres of land. It is Bureau of Land Management against a survey must file with the State entirely within Santa Barbara County, [AZ±020±00±1430±ES; AZA±31250] Director, Bureau of Land Management, California, and extends from Coal Oil Portland, Oregon, a notice that they Point in Isla Vista northerly to Point Sal Notice of Realty Action; Recreation wish to protest prior to the proposed at the northern boundary of Vandenberg and Public Purposes (R&PP) Act official filing date given above. A Air Force Base. The study area Classification; Arizona, Correction statement of reasons for a protest may be boundary extends inland to the filed with the notice of protest to the watershed crests except in the Santa AGENCY: Bureau of Land Management, State Director, or the statement of Ynez Valley, where it is primarily Interior. reasons must be filed with the State limited to Vandenberg Air Force Base. Correction: In notice issued in Director within thirty (30) days after the Inshore coastal waters will also be Volume 65 Number 152 beginning on proposed official filing date. addressed in the feasibility study. page 48250 in the issue dated August 7, The above-listed plats represent In conducting the Gaviota Coast 2000, make the following correction: On dependent resurveys, survey, and feasibility study, the NPS will evaluate page 48250 under SUMMARY:, in the subdivision. the national significance of the area’s 1 1 1 third column, ‘‘25, E ⁄2SE ⁄4SE ⁄4’’ FOR FURTHER INFORMATION CONTACT: natural, cultural, and recreational should read ‘‘25, E1⁄2, SE1⁄4SW1⁄4’’. Bureau of Land Management, (1515 resources. The NPS will also assess the Dated: August 28, 2000. S.W. 5th Avenue), P.O. Box 2965, area’s suitability and feasibility to be a unit of the National Park System, Deborah K. Rawhouser, Portland, Oregon 97208. whereby factors which the NPS study Assistant Field Manager, Resources, Use & Dated: August 24, 2000. team will evaluate include: Whether the Protection. Robert D. DeViney, Jr., Gaviota Coast includes types or quality [FR Doc. 00–23365 Filed 9–11–00; 8:45 am] Branch of Realty and Records Services. of resources not already adequately BILLING CODE 4310±32±P [FR Doc. 00–23282 Filed 9–11–00; 8:45 am] represented in the National Park BILLING CODE 4310±33±M System; whether long-term protection and public use of the area are feasible, DEPARTMENT OF THE INTERIOR and; whether the area can be adequately DEPARTMENT OF THE INTERIOR Bureau of Land Management protected and administered at a reasonable cost. [OR±957±00±1420±BJ: GP0±0348] National Park Service The NPS will also consider: alternative boundaries and strategies for Gaviota Coast Seashore Feasibility Filing of Plats of Survey; Oregon/ the management, protection and use of Study, Santa Barbara County, CA; Washington significant resources within the overall Notice of Intent To Prepare an study area, including management by AGENCY: Bureau of Land Management. Environmental Impact Statement other public agencies or the private ACTION: Notice. SUMMARY: In accordance with sector; technical or financial assistance available from established programs or SUMMARY: The plats of survey of the § 102(2)(C) of the National following described lands are scheduled Environmental Policy Act (42 U.S.C. special initiatives and partnerships; to be officially filed in the Oregon State 4321 et seq.), the National Park Service alternative designations to a National Office, Portland, Oregon, thirty (30) (NPS) is undertaking a conservation Seashore (e.g., Heritage Area), and; cooperative management by NPS and calendar days from the date of this planning and impact analysis process to other entities. publication. identify and assess potential impacts of alternative resource protection and After public input and review of a Williamette Meridian visitor use concepts and other draft feasibility study report, Oregon considerations within the Gaviota Coast alternatives will be identified and T. 25 S., R. 2 W., accepted August 4, 2000 Seashore Feasibility Study area in Santa evaluated, and the results transmitted to T. 22 S., R. 3 W., accepted August 16, 2000 Barbara County. Notice is hereby given Congress in a final feasibility study report. Washington that a public scoping process has been initiated to prepare an environmental Scoping to Date/Comments: Various T. 2 N., R. 7 E., accepted August 10, 2000 impact statement (EIS) and feasibility newsletters and press releases issued T. 30 N., R. 38 E., accepted August 11, 2000 during the initial scoping process for T. 12 N., R. 8 E., accepted August 11, 2000 study report. The purpose of the scoping process is to elicit public comment environmental impact analysis If protests against a survey, as shown regarding the full spectrum of public indicated initial consideration had been on any of the above plat(s), are received issues and concerns, including a given to preparing an Environmental prior to the date of official filing, the suitable range of alternatives, Assessment. Preliminary public filing will be stayed pending appropriate boundaries, and the nature information activities were undertaken consideration of the protest(s). A plat and extent of potential environmental beginning in January 2000. These will not be officially filed until the day impacts and appropriate mitigation included three public meetings in Santa after all protests have been dismissed strategies which should be addressed in Barbara, Goleta, and Lompoc, as well as and become final or appeals from the the EIS process. two invitational workshops in Gaviota dismissal affirmed. Background: As authorized by Pub.L. to explore desired future conditions for The plat(s) will be placed in the open 106–113, and H.R. 3194 Conference the coast. In addition, scoping meetings files of the Oregon State Office, Bureau Report, November 17, 1999, Title III, were held with a wide representation of of Land Management, 1515 S.W. 5th § 326, the NPS is conducting a stakeholder groups and interested Avenue, Portland, Oregon 97201, and feasibility study to determine the organizations. Approximately 200 will be available to the public as a potential for designating the Gaviota responses were received by letter, matter of information only. Copies of Coast as a unit of the National Park comment sheets, e-mail, and Internet the plat(s) may be obtained from the System. The Gaviota Coast study area web page forms. Two newsletter
VerDate 112000 16:45 Sep 11, 2000 Jkt 190000 PO 00000 Frm 00051 Fmt 4703 Sfmt 4703 E:\FR\FM\12SEN1.SGM pfrm01 PsN: 12SEN1 55040 Federal Register / Vol. 65, No. 177 / Tuesday, September 12, 2000 / Notices mailings describing the planning The official responsible for the initial implications; and determine economic process and preliminary identification recommendation is the Regional feasibility to establish the number of rooms of issues were also widely distributed. Director, Pacific West Region, National and service that should be made available in Upon consideration of public responses Park Service. The official responsible for the park. . .’’ GMP 1999 obtained through this initial public amending or ratifying the The effort will result in a involvement, it has been determined recommendation and transmitting to the comprehensive Commercial Services that an Environmental Impact Statement Secretary of the Interior is the Director, Plan. Alternatives to be considered will be prepared. National Park Service. The Secretary include no-action and alternatives that All comments received during the determines whether to forward the address the following. A preferred initial phase have been fully recommendation to Congress for their alternative will be identified in the draft documented and have already aided this consideration. Environmental Impact Statement. conservation planning and 1. Determine the overall mix of Dated: August 31, 2000. environmental impact analysis process, commercial services. as noted above. A summary of all issues Holly Bundock, 2. Establish the framework for future and concerns generated to date is Acting Regional Director, Pacific West Region. decisions. available on request—this summary and [FR Doc. 00–23329 Filed 9–11–00; 8:45 am] 3. Establish the types and level of additional information about the study BILLING CODE 4310±70±P service by park area based on need, can also be obtained on the Internet at expectations, economic feasibility, http://www.nps.gov/pwro/gaviota/. resource concerns, etc. In addition to the extensive public DEPARTMENT OF THE INTERIOR 4. Provide a vision and involvement undertaken to date, formal implementation strategy for National Park Service scoping for the feasibility study and EIS rehabilitating the historic hotels and is hereby initiated. All interested Commercial Services Plan/ continuing a wide range of visitor individuals, organizations and agencies Environmental Impact Statement, experiences. wishing to provide additional Glacier National Park, Montana 5. Provide the specific information comments, suggestions, or relevant necessary for issuance of new information (or those wishing to be AGENCY: National Park Service, concession contracts including those added to the project mailing list) should Department of the Interior. that allow the rehabilitation efforts. respond to Gaviota Coast Feasibility ACTION: Notice of Intent to prepare an Congress defined concession activity Study Team, Attn: Ray Murray, National Environmental Impact Statement for and enacted Title IV of the National Park Service, 600 Harrison Street, Suite Commercial Services Plan, Glacier Parks Omnibus Management Act of 600, San Francisco, CA 94107. All National Park. 1998, under which the National Park written comments must be postmarked Service (NPS) authorizes park not later than October 9, 2000 (or if via SUMMARY: Under the provisions of the concession operations. It requires that e-mail, transmitted no later than this National Environmental Policy Act, the development ‘‘be limited to those date to [email protected]). National Park Service is preparing an accommodations, facilities, services that If individuals submitting comments Environmental Impact Statement for the are necessary and appropriate for public request that their name or/and address Commercial Services Plan for Glacier use and enjoyment. . .’’ of the national be withheld from public disclosure, it National Park. This plan and park area in which they are located will be honored to the extent allowable Environmental Impact Statement will be ‘‘. . .and that are consistent to the by law. Such requests must be stated approved by the Intermountain Regional highest practicable degree with the prominently in the beginning of the Director. This plan will implement preservation and conservation of the comments. There also may be decisions previously made in the newly resources and values of the unit.’’ circumstances wherein the NPS will completed General Management Plan. The plan will tier down from the withhold a respondent’s identity as The approved General Management General Management plan to provide a allowable by law. As always: NPS will Plan (GMP) for Glacier National Park framework or broad, general direction make available to public inspection all committed the park to rehabilitate the for commercial services as well as submissions from organizations or historic lodging facilities in Glacier and specific information such as the number businesses and from persons identifying outlined general direction for the park of a particular facility type in a given themselves as representatives or and its commercial services. The GMP area. It would also provide site-specific officials of organizations and states, ‘‘Historic visitor lodging schematic design for key areas of the businesses; and, anonymous comments experiences would continue. . .from park. While providing direction for the may not be considered. camping cabins to the grand hotels, as park’s commercial services, the plan Decision Process: Availability of the appropriate to the geographic area and would also provide the information draft EIS for review and written management zones.’’ necessary for development of comment will be announced by Federal The GMP also required the park to prospectuses for new concession Register notice, via local and regional develop a commercial services plan to contracts. news media, and direct mailing. At this deal more specifically with A scoping newsletter will be prepared time the draft EIS is anticipated to be concessioner activities. which details the issues identified to available for public review in June 2001, ‘‘The overall mix of services to be offered date. Copies will be distributed in the and that subsequently a final EIS will be would be determined through the fall of 2000 and will be available online completed in January 2002. To afford development of a commercial services plan. on the Commercial Services Plan additional opportunity to comment on The type and level of these services would website at: http://www.nps.gov/ the draft EIS after it is distributed, be guided by the management philosophy of planning/glac/ or by writing to: public meetings will be held in the the General Management Plan, to retain Glacier’s classic western park character. A Commercial Services Plan/EIS Glacier Gaviota Coast area (dates and locations minimum of approximately 500 rooms would National Park West Glacier, MT 59936– to be determined). Notice of the be retained. . .Develop a commercial service 0128. availability of the final EIS will likewise plan that analyzes visitor needs, expectations If you wish to comment, you may be published in the Federal Register. and demands; resource constraints and submit your comments by any one of
VerDate 112000 16:45 Sep 11, 2000 Jkt 190000 PO 00000 Frm 00052 Fmt 4703 Sfmt 4703 E:\FR\FM\12SEN1.SGM pfrm01 PsN: 12SEN1 Federal Register / Vol. 65, No. 177 / Tuesday, September 12, 2000 / Notices 55041 several methods. You may mail comments should be submitted by DEPARTMENT OF THE INTERIOR comments to the address noted above. September 27, 2000. You may also comment via the Internet National Park Service Carol D. Shull, address noted above. Please also include Notice of Inventory Completion for your name and return mailing address Keeper of the National Register. Native American Human Remains and in your Internet message. If you do not ARIZONA Associated Funerary Objects from receive a confirmation from the system Gila County Kansas and Nebraska in the that we have received your Internet Randall, Alfred Jason, House, AZ 87, Pine, Possession of the Kansas State message, contact us directly at the Historical Society, Topeka, KS address noted above. Finally, you may 00001165 hand-deliver comments to Glacier CALIFORNIA AGENCY: National Park Service, Interior. National Park at park headquarters in ACTION: Notice. Los Angeles County West Glacier, Montana. Angels Flight Railway, Hill St., Los Angeles, Notice is hereby given in accordance Our practice is to make comments, 00001168 with provisions of the Native American including names and home addresses of Club Casa Del Mar, 1910 Ocean Ave., Santa Graves Protection and Repatriation Act respondents, available for public review Monica, 00001169 (NAGPRA), 43 CFR 10.9, of the during regular business hours. completion of an inventory of human San Diego County Individual respondents may request that remains and associated funerary objects we withhold their home address from San Diego Veterans’ War Memorial from Kansas and Nebraska in the the record, which we will honor to the Building—Balboa Park, 3325 Zoo Dr., San possession of the Kansas State Historical extent allowable by law. There also may Diego, 00001167 Santa Barbara County Society, Topeka, KS. be circumstances in which we would Stow House, 304 N. Los Carneros Rd., Goleta, This notice is published as part of the withhold from the record a respondent’s 00001166 National Park Service’s administrative identity, as allowable by law. If you FLORIDA responsibilities under NAGPRA, 43 CFR wish us to withhold your name and/or 10.2 (c). The determinations within this address, you must state this Manatee County notice are the sole responsibility of the prominently at the beginning of your Villa Serena Apartments, (Whitfield Estates museum, institution, or Federal agency comment. However, we will not Subdivision MPS) 7014 Willow St., that has control of these Native consider anonymous comments. We Sarasota, 00001172 American human remains and will make all submissions from LOUISIANA associated funerary objects. The organizations or businesses, and from National Park Service is not responsible Jefferson Parish individuals identifying themselves as for the determinations within this representatives or officials of Martin, Ed, Seafood Company Factory and notice. organizations or businesses, available House, 300 Sala Ave. and 306 Sala House, A detailed assessment of the human for public inspection in their entirety. Westwego, 00001170 remains was made by Kansas State Historical Society professional staff in MISSOURI FOR FURTHER INFORMATION CONTACT: consultation with representatives of the Contact Superintendent, Glacier St. Louis Independent city Pawnee Nation of Oklahoma. National Park, 406–888–7801. A & P Food Stores Building, 6016, 6014, and During the late 1980’s, human remains representing one individual R. Everhart, 6018 Delmar, St. Louis (Independent City), 00001171 were recovered from the Minneapolis Regional Director, Intermountain Region. site (14OT5), Ottawa County, KS by Mr. [FR Doc. 00–23328 Filed 9–11–00; 8:45 am] TEXAS Harold Reed, a local artifact collector. In BILLING CODE 4310±70±P Grayson County 1990, Mr. Reed donated these human remains to the Kansas State Historical Sherman US Post Office and Courthouse, 101 Society. No known individual was E. Pecan St., Sherman, 00001173 DEPARTMENT OF THE INTERIOR identified. No associated funerary Hays County objects are present. National Park Service San Antonio US Post Office and Courthouse, Based on the reported archeological 615 E. Houston St., San Antonio, 00001174 context, this individual has been National Register of Historic Places; identified as Native American. Based on Notification of Pending Nominations Potter County material culture, geographic location, Amarillo US Post Office and Courthouse, 205 and radiocarbon dates, the Minneapolis Nominations for the following E. Fifth St., Amarillo, 00001175 site has been identified as a Smoky Hill properties being considered for listing Aspect (Central Plains Tradition) UTAH in the National Register were received occupation dating from approximately by the National Park Service before Sanpete County A.D. 1250. Based on temporal position, September 2, 2000. Pursuant to section Wales Co-operative Mercantile Institution, geographic location, and continuities of 60.13 of 36 CFR Part 60 written 150 N. State St., Wales, 00001176 material culture, the Smoky Hill Aspect comments concerning the significance has been identified as ancestral to the of these properties under the National [FR Doc. 00–23330 Filed 9–11–00; 8:45 am] Pawnee Nation of Oklahoma. Register criteria for evaluation may be BILLING CODE 4310±70±P In 1978, human remains representing forwarded to the National Register, three individuals were recovered from National Park Service, 1849 C St. NW, site 14SD350, Sheridan County, KS NC400, Washington, DC 20240. Written during excavations conducted by a Kansas State Historical Society archeologist. No known individuals
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Based on material the available documentation, this notice are the sole responsibility of the culture and geographic location, site individual has been further identified as museum, institution, or Federal agency 14SD350 has been identified as an Pawnee. that has control of these Native Upper Republican Aspect (Central Based on the above-mentioned American human remains and Plains Tradition) occupation dating information, officials of the Kansas State associated funerary objects. The from approximately A.D. 1250. Based on Historical Society have determined that, National Park Service is not responsible temporal position, geographic location, pursuant to 43 CFR 10.2 (d)(1), the for the determinations within this and continuities of material culture, the human remains listed above represent notice. Upper Republican Aspect has been the physical remains of eight A detailed assessment of the human identified as ancestral to the Pawnee individuals of Native American remains was made by Peabody Museum Nation of Oklahoma. ancestry. Officials of the Kansas State of Archaeology and Ethnology In 1960, human remains representing Historical Society have determined that, professional staff in consultation with two individuals were recovered from pursuant to 43 CFR 10.2 (e), there is a representatives of the Cheyenne River the Ringneck site (14LC302), Lincoln relationship of shared group identity Sioux Tribe of the Cheyenne River County, KS during legally authorized that can be reasonably traced between Reservation, South Dakota; the Spirit excavations conducted by Kansas State these Native American human remains Lake Tribe, North Dakota; the Historical Society archeologists. No and the Pawnee Nation of Oklahoma. Assiniboine and Sioux Tribes of the Fort known individuals were identified. No This notice has been sent to officials of Peck Indian Reservation, Montana; and associated funerary objects are present. the Standing Rock Sioux Tribe of North Based on archeological context, these the Pawnee Nation of Oklahoma. and South Dakota. individuals have been identified as Representatives of any other Indian tribe Native American. Based on material that believes itself to be culturally In 1867, human remains representing culture and geographic location, the affiliated with these human remains three individuals were removed from Ringneck site has been identified as an should contact Randall M. Thies, Fort Stevenson, Dakota Territory by U.S. Upper Republican Aspect (Central Archeologist, Kansas State Historical Army Surgeon Charles C. Gray and Plains Tradition) habitation dating from Society, 6425 Southwest Sixth Avenue, Acting Assistant Surgeon Washington approximately A.D. 1250. Based on Topeka, KS 66615-1099, telephone (785) Matthews on behalf of the Smithsonian temporal position, geographic location, 272-8681, extension 267, before October Institution. No known individuals were and continuities of material culture, the 12, 2000. Repatriation of the human identified. A Notice of Inventory Upper Republican Aspect has been remains to the Pawnee Nation of Completion for these human remains identified as ancestral to the Pawnee Oklahoma may begin after that date if was published September 3, 1997; a Nation of Oklahoma. no additional claimants come forward. corrected notice was published In 1971, human remains representing Dated: August 18, 2000. September 15, 1997. The 16 associated one individual were donated to Kansas John Robbins, funerary objects are 7 dentalium shell beads, 7 oval shell beads, 1 blue glass State Historical Society by Guy Assistant Director, Cultural Resources Whiteford who reportedly recovered Stewardship and Partnerships. bead and a brass bracelet. Neither the records of the Peabody these human remains during [FR Doc. 00–23381 Filed 9–11–00; 8:45 am] Museum of Archaeology and Ethnology excavations at site 14SA412, Saline BILLING CODE 4310±70±F County, KS. No known individual was nor the Smithsonian Institution indicate identified. No associated funerary the date of transfer of these individuals objects are present. DEPARTMENT OF THE INTERIOR to the Peabody Museum of Archaeology Based on the reported archeological and Ethnology. Primary accession and context, this individual has been National Park Service catalogue documents associated with identified as Native American. Based on these individuals at the Smithsonian material culture and geographic Notice of Inventory Completion for record the individuals to be location, site 14SA412 has been Human Remains and Associated ‘‘Yanktonnais Sioux.’’ Cuthead Band of identified as a Smoky Hill Aspect Funerary Objects from Fort Stevenson, Upper Yanktonai Sioux oral traditions (Central Plains Tradition) habitation Dakota Territory in the Possession of and historical documents indicate that dating from approximately A.D. 1250. the Peabody Museum of Archaeology Fort Stevenson was located within the Based on temporal position, geographic and Ethnology, Harvard University, Cuthead Band’s traditional territory location, and continuities of material Cambridge, MA during the 19th century. The specific culture, the Smoky Hill Aspect has been cultural affiliation attributed to the AGENCY: identified as ancestral to the Pawnee National Park Service, Interior. individuals by the collectors and the Nation of Oklahoma. ACTION: Notice. known policy during the 19th century of In 1999, human remains representing the Smithsonian Institution to request one individual were donated to Kansas Notice is hereby given in accordance the remains of recently deceased Native State Historical Society by a forensic with provisions of the Native American individuals to be collected by U.S. osteologist. The osteologist received Graves Protection and Repatriation Act Army personnel and Indian agents and these human remains from a (NAGPRA), 43 CFR 10.9, of the sent to the Smithsonian Institution representative of the Abilene High completion of an inventory of human further support affiliation with the School, Abilene, KS. No known remains and associated funerary objects Cuthead Band of Yanktonai Sioux. The individual was identified. No associated from Fort Stevenson, Dakota Territory in Cuthead Band of Yanktonai Sioux are funerary objects are present. the possession of the Peabody Museum represented by the Cheyenne River Abilene High School records indicate of Archaeology and Ethnology, Harvard Sioux Tribe, Spirit Lake Tribe, that these are the remains of a Pawnee University, Cambridge, MA. Assiniboine and Sioux Tribes of the Fort
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Peck Reservation, and the Standing Notice is hereby given in accordance Orr, under the direction of Charles R. Rock Sioux Tribe. with provisions of the Native American Keyes. No known individuals were Based on the above-mentioned Graves Protection and Repatriation Act identified. The three associated funerary information, officials of the Peabody (NAGPRA), 43 CFR 10.9, of the objects include a catlinite pipe, a Museum of Archaeology and Ethnology completion of an inventory of human projectile point, and a fossil. A fourth have determined that, pursuant to 43 remains and associated funerary objects object, a projectile point, was found CFR 10.2 (d)(2), the 16 objects listed in the possession of the State Historical embedded in the sternum of the above are reasonably believed to have Society of Iowa, Des Moines, IA. individual. It is unlikely to have been been placed with or near individual This notice is published as part of the placed intentionally with the individual human remains at the time of death or National Park Service’s administrative at the time of death or later as part of later as part of the death rite or responsibilities under NAGPRA, 43 CFR the death rite or ceremony. For the ceremony. Officials of the Peabody 10.2 (c). The determinations within this purpose of this notice, it is considered Museum of Archaeology and Ethnology notice are the sole responsibility of the to be an intrinsic part of the human have determined that, pursuant to 43 museum, institution, or Federal agency remains. CFR 10.2 (e), there is a relationship of that has control of these Native In 1936, human remains representing shared group identity that can be American human remains and three individuals were excavated from reasonably traced between these associated funerary objects. The site 13AM86, Hog Back Mound Group, associated funerary objects and the National Park Service is not responsible Allamakee County, northeastern Iowa, Cheyenne River Sioux Tribe of the for the determinations within this by Ellison Orr, under the direction of Cheyenne River Reservation, South notice. Charles R. Keyes. No known individuals Dakota; the Spirit Lake Tribe, North A detailed assessment of the human were identified. No associated funerary Dakota; the Assiniboine and Sioux remains was made by the Office of the objects are present. Tribes of the Fort Peck Indian State Archaeologist of Iowa professional In 1934, human remains representing Reservation, Montana; and the Standing staff in consultation with one individual were excavated from site Rock Sioux Tribe of North and South representatives of the Iowa Tribe of 13AM104, Lane Farm Mounds, Dakota. This notice has been sent to Kansas and Nebraska, the Iowa Tribe of Allamakee County, northeastern Iowa, officials of the Cheyenne River Sioux Oklahoma, and the Otoe-Missouria by Ellison Orr, under the direction of Tribe of the Cheyenne River Tribe of Oklahoma. Charles R. Keyes. No known individuals Reservation, South Dakota; the Spirit In 1934, human remains representing were identified. The five associated Lake Tribe, North Dakota; the 25 individuals were recovered from site funerary objects are Oneota pottery Assiniboine and Sioux Tribes of the Fort 13AM21, the O’Regan Terrace, fragments. Allamakee County, IA during In 1934 and 1936, human remains Peck Indian Reservation, Montana; and excavations conducted by Ellison Orr, representing three individuals were the Standing Rock Sioux Tribe of North under the direction of Charles R. Keyes, excavated from site 13AM108, New and South Dakota. Representatives of while a small number of human remains Galena Mounds, Allamakee County, any other Indian tribe that believes itself and objects from the same site were northeastern Iowa, by Ellison Orr, under to be culturally affiliated with these donated to Keyes and Orr by unknown the direction of Charles R. Keyes. No associated funerary objects should individuals at an unknown date. No known individuals were identified. The contact Barbara Isaac, Repatriation known individuals were identified. The 46 associated funerary objects include Coordinator, Peabody Museum of 202 associated funerary objects include projectile points, other chipped stone Archaeology and Ethnology, Harvard chipped stone tools, fossil fragments, a tools, ground stone tools, flaking debris, University, 11 Divinity Avenue, pebble, a clamshell, chert flakes, glass a modified bone pipe, a shell awl, and Cambridge, MA 02138, telephone (617) beads, pottery, metal ear ornaments, a copper snake ornament. 495–2254, before October 12, 2000. beaver incisor fragments, a bone awl In 1935, human remains representing Repatriation of the associated funerary fragment, a copper bracelet, and a two individuals were given to Charles R. objects to the culturally affiliated tribes brown fibrous material. Keyes by a collector, Lee Maiers. Mr. may begin after that date if no In 1934, human remains representing Maiers reportedly had removed these additional claimants come forward. seven individuals were excavated from remains from site 21FA2, James Vosburg Dated: August 18, 2000. site 13AM59, Elephant Terrace, Gravel Pit, southern Minnesota, at an John Robbins, Allamakee County, northeastern Iowa, unknown date. No known individuals Assistant Director, Cultural Resources by Charles R. Keyes and Ellison Orr. No were identified. No associated funerary Stewardship and Partnerships. known individuals were identified. The objects are present. [FR Doc. 00–23379 Filed 9–11–00; 8:45 am] six associated funerary objects include a The human remains and associated BILLING CODE 4310±70±F whetstone, a chipped stone, a bone bead funerary objects included in this notice and fragments, and a fossil. were either recovered from excavations In 1936, human remains representing undertaken by Charles R. Keyes and DEPARTMENT OF THE INTERIOR one individual were excavated from site Ellison Orr in northern Iowa and 13AM61, the Woolstrom Cemetery, southern Minnesota between 1934 and National Park Service Allamakee County, northeastern Iowa, 1936, or are part of collections that were by Ellison Orr, under the direction of given to Keyes. The remains now form Notice of Inventory Completion for Charles R. Keyes. No known individuals part of the Charles R. Keyes Native American Human Remains and were identified. The 15 associated Archaeological Collection. Based on Associated Funerary Objects from funerary objects include a ceramic archaeological, ethnohistorical, and Iowa in the Possession of the State vessel, an iron fragment, a rolled copper biological evidence, historical maps, Historical Society of Iowa, Des Moines, tube, and metal ear ornaments. and similarities in material culture and IA In 1936, human remains representing manner of interment, the sites and AGENCY: National Park Service, Interior. one individual were excavated from site remains have been identified as 13AM67, Burke’s Mound, Allamakee belonging to the Oneota and date to the ACTION: Notice. County, northeastern Iowa, by Ellison 13th to 17th century. The Iowa and
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Otoe-Missouria peoples have been DEPARTMENT OF THE INTERIOR common clay pipe, a number of shell culturally affiliated with the Oneota and glass beads, and a silver ear ring’’ based on continuities of material culture National Park Service associated with the remains. Based on and historical documents. Oral history historical maps, written historical Notice of Inventory Completion for evidence presented by representatives of accounts, archaeological evidence, and Native American Human Remains and the Iowa Tribe of Kansas and Nebraska, tribal history, the Sac and Fox Associated Funerary Objects from (Meskwaki) are known to have had the Iowa Tribe of Oklahoma, and the Scott and Dubuque Counties, IA, and Otoe-Missouria Tribe of Oklahoma villages in this vicinity during the late Rock Island County, IL, in the 1700’s and early 1800’s. The artifacts further indicates Oneota affiliation with Possession of the Office of the State these present-day tribes. described as found with the remains are Archaeologist, University of Iowa, Iowa consistent with those associated with Based on the above-mentioned City, IA the Sac and Fox (Meskwaki). The information, officials of the State AGENCY: National Park Service, Interior. current location of the artifacts is Historical Society of Iowa have unknown. ACTION: Notice. determined that, pursuant to 43 CFR In the late 1800’s or early 1900’s, 10.2 (d)(1), the human remains listed Notice is hereby given in accordance human remains representing two above represent the physical remains of with provisions of the Native American individuals were excavated from graves 43 individuals of Native American Graves Protection and Repatriation Act at the Mines of Spain, Dubuque, ancestry. Officials of the State Historical (NAGPRA), 43 CFR 10.9, of the Dubuque County, IA, by Richard Society of Iowa also have determined completion of an inventory of human Herrmann, a local collector. Mr. that, pursuant to 43 CFR 10.2 (d)(2), the remains and associated funerary objects Herrmann donated the remains to the 277 objects listed above are reasonably in the possession of the Office of State Ham House Museum, owned by the believed to have been placed with or Archaeologist, University of Iowa, Iowa Dubuque County Historical Society, near individual human remains at the City, IA. Dubuque, IA. In 1986, the remains were time of death or later as part of the death This notice is published as part of the transferred to the Office of State rite or ceremony. Lastly, officials of the National Park Service’s administrative Archaeologist Burials Program. No Iowa State Historical Society have responsibilities under NAGPRA, 43 CFR known individuals were identified. determined that, pursuant to 43 CFR 10.2 (c). The determinations within this There are no associated funerary objects. 10.2 (e), there is a relationship of shared notice are the sole responsibility of the Mr. Herrmann’s notes indicated that group identity that can be reasonably museum, institution, or Federal agency these two individuals were from graves traced between these Native American that has control of these Native located on a bluff in what is now known human remains and associated funerary American human remains and as the Mines of Spain, Dubuque, IA. Mr. objects and the Iowa Tribe of Kansas associated funerary objects. The Herrmann participated in the removal and Nebraska, the Iowa Tribe of National Park Service is not responsible and reburial of the remains of what were Oklahoma, and the Otoe-Missouria for the determinations within this purported to be Julien Dubuque (Hodges Tribe of Oklahoma. notice. 1994), and he collected the remains of A detailed assessment of the human a woman from a grave outside of the This notice has been sent to officials remains was made by the Office of State presumed grave of Mr. Dubuque and of the Iowa Tribe of Kansas and Archaeologist, University of Iowa, Chief Peosta. Mr. Herrmann identified Nebraska, the Iowa Tribe of Oklahoma, professional staff in consultation with the woman as ‘‘Potosa,’’ also known as and the Otoe-Missouria Tribe of representatives of the Sac and Fox Tribe Ms. Potosi, the purported wife of Mr. Oklahoma. Representatives of any other of the Mississippi in Iowa, Sac and Fox Dubuque. Historical records do not Indian tribe that believes itself to be Nation of Missouri in Kansas and provide any information on Ms. Potosi, culturally affiliated with these human Nebraska, and the Sac and Fox Nation and it is not known when she died, how remains and associated funerary objects of Oklahoma. old she was when she died, the cause should contact Jerome Thompson, State In 1877, human remains representing of her death, or even if the remains in Historical Society of Iowa, New one individual were excavated from site this collection are those of ‘‘Potosa.’’ Historical Building, 600 East Locust, 13ST82, Scott County, Iowa, by Rev. J. The remains of a second individual Des Moines, IA 50319-0290, telephone Gass and other members of the were taken from a grave 60 feet west of (515) 281-4221, before October 12, 2000. Davenport Academy of Natural the purported Dubuque/Peosta grave. A Repatriation of these human remains Sciences. The museum associated with tag written by Mr. Herrmann identifies and associated funerary objects to the this group is now known as the Putnam these remains as ‘‘Kettle Chief.’’ Given Iowa Tribe of Kansas and Nebraska, the Museum, Davenport, IA. In 1993, the that none of the graves was marked, that Iowa Tribe of Oklahoma, and the Otoe- human remains were transferred to the they were excavated at least 75 to 100 Missouria Tribe of Oklahoma may begin Office of the State Archaeologist Burials years after the deaths of the named Program. No known individuals were individuals, and the stated rationale for after that date if no additional claimants identified. There are no associated Mr. Herrmann’s purported identification come forward. funerary objects. is suspect, the remains of these Dated: August 9, 2000. The Putnam Museum card catalog individuals cannot be identified with John Robbins, information identified the remains as certainty. Physical anthropological Assistant Director, Cultural Resources coming from the upper levels of a evidence indicates that these two Stewardship and Partnerships. Woodland-period mound and that this individuals are Native American. [FR Doc. 00–23380 Filed 9–11–00; 8:45 am] intrusive burial was associated with Historical maps, written historical ‘‘European artifacts.’’ Descriptions of the accounts, archeological evidence, and BILLING CODE 4310±70±F excavations published in the tribal history demonstrate that the Proceedings of the Davenport Academy Meskwaki had a village at this location of Natural Sciences describe this as a in the late 1700’s and early 1800’s and 19th century burial with ‘‘a fire steel, a that Julien Dubuque lived and died in
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In 1987, the the Office of the State Archaeologist, shell beads, 900 red-brown glass seed remains were transferred to the Office of University of Iowa, Iowa City, IA and beads, 90 large clear faceted glass beads, State Archaeologist Burial Program from the State Historical Society of Iowa, 42 pink glass seed beads, 4 red glass a private collection. Saukenauk was an Des Moines, IA seed beads, 1,100 white glass seed important Sac and Meskwaki village beads, 16 large blue faceted glass beads, AGENCY: National Park Service, Interior. between 1764 and 1830, which has been 41 blue glass seed beads, 600 gray and documented by oral historical, archival, ACTION: Notice. white glass seed beads, 30 brass ball and and anthropological evidence. No Notice is hereby given in accordance cone hair ornaments, 5 brass ball and known individuals were identified. with provisions of the Native American cone hair ornaments attached to human There are no associated funerary objects. Graves Protection and Repatriation Act hair, 4 lacquered paper-mache snuff box parts, 1 preserved clump of snuff or Based on the above-mentioned (NAGPRA), 43 CFR 10.9, of the tobacco, a fragment of bead ornament completion of an inventory of human information, officials of the Office of the strung on copper wire, a copper wire- remains and associated funerary objects State Archaeologist, University of Iowa, wrapped ornament, 8 copper bracelets, in the possession of the Office of State have determined that, pursuant to 43 a copper alloy brooch/blanket pin, 6 Archaeologist, University of Iowa, Iowa CFR 10.2 (d)(1), the human remains iron cut nails, a bronze-handled and City, IA, and an inventory of human listed above represent the physical iron-bladed knife, 9 brass hawk bells, 3 remains and associated funerary objects remains of five individuals of Native brass buttons, a vial containing in the possession of the State Historical American ancestry. Also, officials of the vermilion, a yellow ochre sample, 2 silk Society of Iowa, Des Moines, IA. Office of the State Archaeologist, cloth remnants, and 14 wool cloth University of Iowa, have determined This notice is published as part of the remnants. that, pursuant to 43 CFR 10.2 (e), there National Park Service’s administrative Site 13PK54, located near the responsibilities under NAGPRA, 43 CFR is a relationship of shared group Chesterfield School in Des Moines, was 10.2 (c). The determinations within this identity that can be reasonably traced a village and cemetery. The burials at notice are the sole responsibility of the between these Native American human this site were first found by A.A. museum, institution, or Federal agency Bennett, who unearthed 14 graves remains and the Sac and Fox Tribe of that has control of these Native the Mississippi in Iowa, Sac and Fox during sand quarrying operations. Mr. American human remains and Bennett notified T. Van Hyning, of the Nation of Missouri in Kansas and associated funerary objects. The Nebraska, and the Sac and Fox Nation Iowa Historical Museum, who National Park Service is not responsible proceeded to identify and excavate nine of Oklahoma. for the determinations within this additional graves. The available This notice has been sent to officials notice. documentation of the excavations is of the Sac and Fox Tribe of the A detailed assessment of the human limited to an extensive interview of Mr. Mississippi in Iowa, Sac and Fox Nation remains was made by the Office of the Van Hyning published in the Des of Missouri in Kansas and Nebraska, State Archaeologist, University of Iowa, Moines Register and Leader on March and the Sac and Fox Nation of professional staff and the State 26, 1905. Mr. Van Hyning collected Oklahoma. Representatives of any other Historical Society of Iowa professional three human skulls and a variety of Indian tribe that believes itself to be staff in consultation with associated funerary objects including culturally affiliated with these human representatives of the Sac and Fox Tribe glass beads, a bronze-handled iron- remains should contact Shirley of the Mississippi in Iowa, Sac and Fox bladed knife, brass and copper Schermer, Burials Program Director, Nation of Missouri in Kansas and ornaments, textile remnants, iron cut Nebraska, and the Sac and Fox Nation Office of the State Archaeologist, nails, and two paper-mache snuff boxes. of Oklahoma. A detailed assessment of Eastlawn, University of Iowa, Iowa City, While the newspaper and the 1905 the funerary objects was made by the IA 52242, telephone (319) 384–0732, annual report of the Iowa Historical State Historical Society of Iowa Department mention three skulls, only before October 12, 2000. Repatriation of professional staff in consultation with one was accessioned into the museum the human remains to the Sac and Fox representatives of the Sac and Fox Tribe collection. Only one was located in the Tribe of the Mississippi in Iowa, Sac of the Mississippi in Iowa, Sac and Fox early 1980’s when the museum was and Fox Nation of Missouri in Kansas Nation of Missouri in Kansas and analyzing human remains prior to and Nebraska, and the Sac and Fox Nebraska, and the Sac and Fox Nation transfer to the Office of the State Nation of Oklahoma may begin after that of Oklahoma. Archaeologist for reburial under the date if no additional claimants come In 1904, human remains representing state’s burial protection act of 1976. It is forward. two individuals were excavated by staff not known what happened to the other Dated: August 23, 2000. of the Iowa Historical Department, now two skulls. the State Historical Society of Iowa, Research into this site and collection John Robbins, from site 13PK54 located near the was initiated in 1983. The associated Assistant Director, Cultural Resources Chesterfield School in Des Moines, Polk funerary objects conclusively indicate Stewardship and Partnerships County, IA. One set of human remains an historic period burial. The style of [FR Doc. 00–23384 Filed 9–11–00; 8:45 am] consists of a single cranium and the the cut iron nails would date to the BILLING CODE 4310±70±F other set of human remains is a lock of 1790’s, at the earliest, and is consistent hair. In the early 1980’s, the skeletal with types made circa 1805-1850. The
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Sac and Fox Indian Agency, known as October 12, 2000. Repatriation of the At an unknown date, human remains the Raccoon River Indian Agency, was human remains and associated funerary representing one individual were located in the vicinity of this site from objects to the Sac and Fox Tribe of the recovered by an unknown individual 1843-1845. Kathryn E.M. Gourley, in a Mississippi in Iowa, Sac and Fox Nation from Old Zia Pueblo, Sandoval County, 1985 report entitled ‘‘The Raccoon River of Missouri in Kansas and Nebraska, New Mexico, within the exterior Indian Agency: Predicted Site and the Sac and Fox Nation of boundaries of the Zia Pueblo Locations,’’ concluded that site 13PK54 Oklahoma may begin after that date if reservation. According to an account was ‘‘within or near the village no additional claimants come forward. written by Theodore Sowers, Ray Salas, tentatively assigned to Wishecomaque.’’ Dated: August 23, 2000. Governor of the Pueblo of Zia, gave the The identification of this site is based remains to Mr. Sowers in the late 1930’s John Robbins, on historical documents, including or early 1940’s, although the military records, Indian agents’ reports, Assistant Director, Cultural Resources circumstances under which this transfer Stewardship and Partnerships local records, and original land survey occurred are not described. It is not reports. The types of objects are within [FR Doc. 00–23383 Filed 9–11–00 ; 8:45 am] clear whether Mr. Salas was acting in the range of materials carried by traders BILLING CODE 4310±70±F his capacity as an elected Tribal official authorized to provide goods to the Sac when he gave the remains to Mr. and Fox (Meskwaki) during this period. Sowers. Mr. Sowers was a graduate of Based on the historical record, DEPARTMENT OF THE INTERIOR the University of Denver, and, in 1995, geographic location, and archeological National Park Service his daughters donated the remains to evidence, it is reasonable to conclude the University of Denver so that they that these remains and associated Notice of Inventory Completion for could be repatriated. The identity of this funerary objects are associated with the Native American Human Remains and individual is not known. There are no Sac and Fox (Meskwaki). Associated Funerary Objects from associated funerary objects. Based on the above-mentioned Sandoval County, NM in the Control of Oral history, archeological evidence, information, officials of the Office of the the Bureau of Indian Affairs, and ethnohistoric documents have State Archaeologist, University of Iowa, Department of the Interior, identified Old Zia as a group of four have determined that, pursuant to 43 Washington, DC and in the Possession abandoned villages that were occupied CFR 10.2 (d)(1), the human remains of the University of Denver Department by the Zia people from approximately listed above represent the physical of Anthropology and Museum of A.D. 1250 to 1800. Upon the remains of two individuals of Native Anthropology, Denver, CO abandonment of these villages, their American ancestry. Officials of the State occupants moved to the remaining Historical Society of Iowa also have AGENCY: National Park Service, Interior. village, which is the present-day Pueblo determined that, pursuant to 43 CFR of Zia. These remains came from one of ACTION: Notice. 10.2 (d)(2), the 3,081 objects listed the four Old Zia sites, but it is above are reasonably believed to have Notice is hereby given in accordance impossible to determine which site. The been placed with or near individual with provisions of the Native American cultural, social, linguistic, and historic human remains at the time of death or Graves Protection and Repatriation Act continuity of affiliation between the later as part of the death rite or (NAGPRA), 43 CFR 10.9, of the Pueblo of Zia and people of Old Zia is ceremony. Also, officials of the Office of completion of an inventory of human attested by evidence from oral history the State Archaeologist, University of remains and associated funerary objects presented during the consultations, and Iowa, and the State Historical Society of in the control of the Bureau of Indian supported by the ethnological data and Iowa have determined that, pursuant to Affairs, Department of the Interior, historic accounts of the Spanish 43 CFR 10.2 (e), there is a relationship Washington, DC, and in the possession colonizers. Based on the above-mentioned of shared group identity that can be of the University of Denver Department reasonably traced between these Native information, officials of the University of Anthropology and Museum of American human remains and of Denver Department of Anthropology Anthropology, Denver, CO. associated funerary objects and the Sac and Museum of Anthropology have and Fox Tribe of the Mississippi in This notice is published as part of the determined that, pursuant to 43 CFR Iowa, Sac and Fox Nation of Missouri in National Park Service’s administrative 10.2 (d)(1), the human remains listed Kansas and Nebraska, and the Sac and responsibilities under NAGPRA, 43 CFR above represent the physical remains of Fox Nation of Oklahoma. 10.2 (c). The determinations within this one individual of Native American This notice has been sent to officials notice are the sole responsibility of the ancestry. Also, officials of the of the Sac and Fox Tribe of the museum, institution, or Federal agency University of Denver Department of Mississippi in Iowa, Sac and Fox Nation that has control of these Native Anthropology and Museum of of Missouri in Kansas and Nebraska, American human remains and Anthropology have determined that, and the Sac and Fox Nation of associated funerary objects. The pursuant to 43 CFR 10.2 (e), there is a Oklahoma. Representatives of any other National Park Service is not responsible relationship of shared group identity Indian tribe that believes itself to be for the determinations within this that can be reasonably traced between culturally affiliated with these human notice. these Native American human remains remains and associated funerary objects A detailed assessment of the human and the Pueblo of Zia. should contact Shirley Schermer, remains was made by University of This notice has been sent to officials Burials Program Director, Office of the Denver Department of Anthropology of the Pueblo of Jemez, the Pueblo of State Archaeologist, Eastlawn, and Museum of Anthropology Acoma, the Pueblo of Zia, and the University of Iowa, Iowa City, IA 52242, professional staff, a contract physical Bureau of Indian Affairs. telephone (319) 384-0732, or Jerome anthropologist, and the New Mexico Representatives of any other Indian tribe Thompson, State Historical Society of State Archaeologist, in consultation that believes itself to be culturally Iowa, New Historical Building, 600 East with representatives of the Pueblo of affiliated with these human remains and Locust, Des Moines, IA 50319-0290, Jemez, the Pueblo of Acoma, and the associated funerary objects should telephone (515) 281-4221, before Pueblo of Zia. contact Jan I. Bernstein, Collections
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Manager and NAGPRA Coordinator, Commission may also be obtained by 201, subparts A through E (19 CFR part University of Denver Museum of accessing its internet server (http:// 201), and part 207, subparts A, D, E, and Anthropology, 2000 Asbury, Sturm Hall www.usitc.gov). F (19 CFR part 207). S-146, Denver, CO 80218-2406, email SUPPLEMENTARY INFORMATION: On EFFECTIVE DATE: September 1, 2000. [email protected], telephone (303) 871- September 1, 2000, the Commission FOR FURTHER INFORMATION CONTACT: 2543, before October 12, 2000. determined 1 that it should proceed to a George Deyman (202–205–3197), Office Repatriation of the human remains to full review in the subject five-year of Investigations, U.S. International the Pueblo of Zia may begin after that review pursuant to section 751(c)(5) of Trade Commission, 500 E Street SW, date if no additional claimants come the Act. The Commission found that Washington, DC 20436. Hearing- forward. both domestic and respondent impaired persons can obtain Dated: August 22, 2000. interested party group responses to its information on this matter by contacting John Robbins, notice of institution (65 FR 25363) were the Commission’s TDD terminal on 202– Assistant Director, Cultural Resources adequate. 205–1810. Persons with mobility Stewardship and Partnerships. A record of the Commissioners’ votes, impairments who will need special [FR Doc. 00–23382 Filed 9–11–00; 8:45 am] the Commission’s statement on assistance in gaining access to the adequacy, and any individual BILLING CODE 4310±70±F Commission should contact the Office Commissioner’s statements will be of the Secretary at 202–205–2000. available from the Office of the General information concerning the Secretary and at the Commission’s web INTERNATIONAL TRADE Commission may also be obtained by site. COMMISSION accessing its internet server (http:// Authority: This review is being conducted www.usitc.gov). [Investigation No. 731±TA±706 (Review)] under authority of title VII of the Tariff Act SUPPLEMENTARY INFORMATION: On of 1930; this notice is published pursuant to Canned Pineapple From Thailand section 207.62 of the Commission’s rules. September 1, 2000, the Commission determined that it should proceed to a AGENCY: United States International Issued: September 5, 2000. full review in the subject five-year Trade Commission. By order of the Commission. review pursuant to section 751(c)(5) of ACTION: Notice of Commission Donna R. Koehnke, the Act. The Commission found that determination to conduct a full five-year Secretary. both domestic and respondent review concerning the antidumping [FR Doc. 00–23335 Filed 9–11–00; 8:45 am] interested party group responses to its duty order on canned pineapple from BILLING CODE 7020±02±P notice of institution (65 F.R. 25363) Thailand. were adequate. A record of the Commissioners’ votes, SUMMARY: The Commission hereby gives INTERNATIONAL TRADE the Commission’s statement on notice that it will proceed with a full COMMISSION adequacy, and any individual review pursuant to section 751(c)(5) of Commissioner’s statements will be the Tariff Act of 1930 (19 U.S.C. [Investigation No. 731-TA±702 available from the Office of the § 1675(c)(5)) to determine whether (Review)] Secretary and at the Commission’s web revocation of the antidumping duty Ferrovanadium and Nitrided Vanadium site. order on canned pineapple from From Russia Authority: This review is being conducted Thailand would be likely to lead to under authority of title VII of the Tariff Act continuation or recurrence of material AGENCY: United States International of 1930; this notice is published pursuant to injury within a reasonably foreseeable Trade Commission. section 207.62 of the Commission’s rules. time. A schedule for the review will be ACTION: Notice of Commission Issued: September 5, 2000. established and announced at a later determination to conduct a full five-year By order of the Commission. date. For further information concerning review concerning the antidumping Donna R. Koehnke, the conduct of this review and rules of duty order on ferrovanadium and general application, consult the nitrided vanadium from Russia. Secretary. Commission’s Rules of Practice and [FR Doc. 00–23336 Filed 9–11–00; 8:45 am] Procedure, part 201, subparts A through SUMMARY: The Commission hereby gives BILLING CODE 7020±02±P E (19 CFR part 201), and part 207, notice that it will proceed with a full subparts A, D, E, and F (19 CFR part review pursuant to section 751(c)(5) of 207). the Tariff Act of 1930 (19 U.S.C. INTERNATIONAL TRADE 1675(c)(5)) to determine whether COMMISSION EFFECTIVE DATE: September 1, 2000. revocation of the antidumping duty [Investigation No. 731±TA±696 (Review)] FOR FURTHER INFORMATION CONTACT: Vera order on ferrovanadium and nitrided Libeau (202–205–3176), Office of vanadium from Russia would be likely Pure Magnesium From China Investigations, U.S. International Trade to lead to continuation or recurrence of Commission, 500 E Street SW, material injury within a reasonably Determination Washington, DC 20436. Hearing- foreseeable time. A schedule for the On the basis of the record 1 developed impaired persons can obtain review will be established and information on this matter by contacting in the subject five-year review, the announced at a later date. For further United States International Trade the Commission’s TDD terminal on 202– information concerning the conduct of 2 205–1810. Persons with mobility Commission determines, pursuant to this review and rules of general section 751(c) of the Tariff Act of 1930 impairments who will need special application, consult the Commission’s assistance in gaining access to the Rules of Practice and Procedure, part 1 The record is defined in sec. 207.2(f) of the Commission should contact the Office Commission’s Rules of Practice and Procedure (19 of the Secretary at 202–205–2000. 1 Commissioner Jennifer A. Hillman is not CFR 207.2(f)). General information concerning the participating in this five-year review. 2 Commissioner Askey dissenting.
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(19 U.S.C. § 1675(c)), that revocation of DEPARTMENT OF LABOR The Office of Management and Budget the antidumping duty order on pure is particularly interested in comments magnesium from China would be likely Office of the Secretary which: to lead to continuation or recurrence of • Agency Recordkeeping/Reporting Evaluate whether the proposed material injury to an industry in the Requirements Under Emergency collection of information is necessary United States within a reasonably Review by the Office of Management for the proper performance of the foreseeable time. and Budget (OMB) functions of the agency, including whether the information will have Background September 5, 2000. practical utility; The Commission instituted this The Department of Labor has • Evaluate the accuracy of the review on April 3, 2000 (65 FR 17531, submitted the following (see below) agency’s estimate of the burden of the April 3, 2000) and determined on July emergency processing public proposed collection of information, information collection request (ICR) to 6, 2000 that it would conduct an including the validity of the the Office of Management and Budget expedited review (65 FR 45105, July 20, methodology and assumptions used; (OMB) for review and clearance under • 2000). the Paperwork Reduction Act of 1995 Enhance the quality, utility, and The Commission transmitted its (Pub.L. 104–13, 44 U.S.C. Chapter 35). clarity of the information to be determination in this review to the OMB approval has been requested by collected; and Secretary of Commerce on August 31, October 12, 2000. A copy of this ICR, • Minimize the burden of the 2000. The views of the Commission are with applicable supporting collection of information on those who contained in USITC Publication 3346 documentation, may be obtained by are to respond, including through the (August 2000), entitled Pure Magnesium calling the Department of Labor use of appropriate automated, from China: Investigation No. 731–TA– Departmental Clearance Office, Ira Mills electronic, mechanical, or other 696 (Review). (202) 219–5095, x 113. Comments and technological collection techniques or questions about the ICR listed below other forms of information technology, Issued: September 5, 2000. should be forwarded to Office e.g., permitting electronic submissions By order of the Commission. Information and Regulatory Affairs, of response. Donna R. Koehnke, Attn: OMB Desk Officer for the Agency: Employment and Training Secretary. Employment and Training Administration. Administration, Office of Management [FR Doc. 00–23337 Filed 9–11–00; 8:45 am] Title: One-Stop Labor Market and Budget, Room 10235, Washington, BILLING CODE 7020±02±P Information Grant Reporting. DC 20503 (202) 395–7316. Written comments must be submitted to OIRA OMB Number: 1205–ONEW. on or before October 10, 2000. Affected Public: States.
No. of Responses Total Hours per Total bur- Form respondents per year responses response den hours
Annual Plan ...... 54 2 54 36 1,944 Progress Reports ...... 54 2 108 67 648
Total ...... 54 3 162 43 2,592
Total Burden Cost (capital/startup): which explains the progress of the requested regarding the Department’s $0. grantee in accomplishing the plan. negative determination of eligibility for workers of the subject firm to apply for Total Burden Cost (operating/ Ira Mills, maintaining): $0. Trade Adjustment Assistance (TAA) Departmental Clearance Officer. under petition number TA–W–37,493 Description: ETA seeks approval of an [FR Doc. 00–23347 Filed 9–11–00; 8:45 am] and North American Free Trade annual plan narrative and two progress BILLING CODE 4510±30±M Agreement-Transitional Adjustment reports as requirements for One Stop Assistance (NAFTA–TAA) under Labor Market Information grants. This petition number NAFTA–3802. The information will be used by the DEPARTMENT OF LABOR denial notices were signed on July 17, Department of Labor and its managing 2000, and published in the Federal State partners to assure that a Employment and Training Administration Register on August 1, 2000 (65 FR employment statistics system required 46954). by Wagner Peyser as amended by the Pursuant to 29 CFR 90.18(c) Workforce Investment Act meets the [TA±W±37,493 and NAFTA±3802] reconsideration may be granted under needs of its customers. States seeking Levi Strauss & Company, RMQ Lab, the following circumstances: grants are requested to provide an Pellicano Finishing Plant, El Paso, (1) if it appears on the basis of facts annual grant narrative that provides Texas; Notice of Negative specific information on how the grant not previously considered that the Determination Regarding Application determination complained of was funds will accomplish any of seven for Reconsideration priorities developed by the Department erroneous; through the Workforce Information By application dated August 1, 2000, (2) if it appears that the determination Council. In addition the States are filed by the petitioners, and August 21, complained of was based on a mistake requested to provide a brief progress 2000, filed by the company, in the determination of facts not report twice during the grant period administrative reconsideration is previously considered; or
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(3) if in the opinion of the Certifying DEPARTMENT OF LABOR for eligibility have not been met for the Officer, a misinterpretation of facts or of reasons specified. the law justified reconsideration of the Employment and Training TA–W–37,920; Chic-A-Dee Packing decision. Administration Corp., Monmouth ME TA–W–37,921 & A; ACS Shared Service, The petitioners report that prior to the Notice of Determinations Regarding Inc., Berea, KY and Richmond, KY Pellicano plant closure, workers tested Eligibility To Apply for Worker TA–W–37,812; Amway Corp., Buy-Out both domestic and foreign production. Adjustment Assistance and NAFTA Quality Assurance, Ada, MI When the Pellicano plant closed, the Transitional Adjustment Assistance workers at the Raw Material Quality TA–W–37,818; ARCO Marine, Inc., Long Department (RMQ) lab in El Paso were In accordance with Section 223 of the Beach, CA left with only testing Mexican Trade Act of 1974, as amended, the TA–W–37,908; Sweatt Industries, d/b/a contractor’s production and domestic Department of Labor herein presents Sentry Service, Odessa, TX TA–W–37,943; Ryan International and Mexican fabric. The petitioners summaries of determinations regarding Airlines, Denver, CO state that there was no lab in Powell, eligibility to apply for trade adjustment TA–W–37,829; Bucilla Corp., Hazleton, Tennessee, until the El Paso lab shut assistance for workers (TA–W) issued PA down. during the period of August, 2000. In order for an affirmative TA–W–37,951; William Energy Service The company official’s request for determination to be made and a Co., Houston, TX reconsideration emphasizes that Levi certification of eligibility to apply for TA–W–37,768; Big B Valve Repair and Strauss & Company closed six worker adjustment assistance to be Service, Inc., Laurel, MS production plants in the El Paso area. issued, each of the group eligibility TA–W–37,817; DHL Worldwide Express, Because of these closures, Levi Strauss requirements of Section 222 of the Act Houston, TX & Company closed the El Paso Pellicano must be met. The workers firm does not produce an lab, and all employees were terminated (1) That a significant number or article as required for certification under in October 1999. The company states proportion of the workers in the Section 222 of the Trade Act of 1974. that imports contributed to the decision workers’ firm, or an appropriate TA–W–37,824; Avian Farms to close the six plants and the Pellicano subdivision thereof, have become totally International, Inc., Waterville, MI lab. The company further states that an or partially separated, TA–W–37,879; Beaulieu of America, RMQ was created in Powell, Tennessee, (2) That sales or production, or both, Hollytex Div., Anadarko, OK using fewer workers than in the El Paso of the firm or subdivision have TA–W–37,905; Cooper Industries, RMQ. decreased absolutely, and Lighting Div., Elk Grove Village, IL The workers at Levi Strauss & (3) That increases of imports of TA–W–37,805; Eastern Tool and Die, Company, RMQ lab, at the Pellicano articles like or directly competitive with Inc., Newington, CT Finishing Plants, El Paso, Texas, articles produced by the firm or TA–W–37,914; Joseph Timber Co LLC, engaged in testing and quality control of appropriate subdivision have Joseph, OR denim products were denied eligibility contributed importantly to the TA–W–37,901; Oxo Welding Equipment to apply for TAA and NAFTA–TAA separations, or threat thereof, and to the Co., Troy, OH based on the findings that worker absolute decline in sales or production. TA–W–37,676; Schreiber Foods, Inc., separations were attributable to the Negative Determinations for Worker Monroe, WI company’s decision to have the RMQ Adjustment Assistance TA–W–37,857; Optimum Air Corp., lab work done at another domestic Malta, NY In each of the following cases the facility of Levi Strauss. TA–W–37,877; Swiss Maid, Inc., investigation revealed that criterion (3) Greentown, PA The petitioners and the company has not been met. A survey of customers TA–W–37,742B; Key Industries, Inc., official both assert that some former El indicated that increased imports did not Quilting Div., Buffalo, NY Paso lab employees are eligible for contribute importantly to worker TA–W–37,900 & A, B, C; Oxy USA, Inc., NAFTA–TAA. Our petition records do separations at the firm. Houston, TX, Aransas Pas, TX, not show that a NAFTA–TAA TA–W–37,744; Sommers, Inc., Sommers Liberal, KS and Venice, LA certification has been issued for the Ribbon Co., Stroudsburg, PA TA–W–37,745 & A; Louisiana Pacific RMQ workers. TA–W–37,728; Hill Knitting Mills, Corp., Ketchikan Pulp Co., Conclusion Richmond Hill, NY Ketchikan Sawmill, Ketchikan, AK TA–W–37,600; Trinity Industries, Inc., and Timber Div., Prince of Wales After review of the application and Mt. Orab, OH Island, AK investigative findings, I conclude that TA–W–37,828; Johnstown Corp., Increased imports did not contribute there has been no error or Johnstown, PA importantly to worker separations at the misinterpretation of the law or of the TA–W–37,863; Morton Forest Products, firm. a/k/a Tree Source, Morton, WA facts which would justify TA–W–37,890; Thomson Consumer TA–W–37,439; National Ceramics, Inc., reconsideration of the Department of Electronics, Dunmore, PA Labor’s prior decision. Accordingly, the Ceramic Fashions, Inc., The investigation revealed that application is denied. Cunningham, KY TA–W–37,780; Memphis Chair Co., criteria (2) has not been met. Sales or Signed at Washington, D.C. this 30th day Gainesboro, TN production, or both, did not decline of August 2000. TA–W–37,797; Craft Houses during the relevant period as required Edward A. Tomchick, International, Inc., Kalkaska, MI for certification. Director, Division of Trade Adjustment TA–W–37,884; Rycraft, Inc., Corvallis, TA–W–37,777; Pearl Brewing Co., San Assistance. OR Antonio, TX [FR Doc. 00–23343 Filed 9–11–00; 8:45 am] In the following cases, the The investigation revealed that BILLING CODE 4510±30±M investigation revealed that the criteria criteria (2) and criteria (3) have not been
VerDate 112000 16:45 Sep 11, 2000 Jkt 190000 PO 00000 Frm 00061 Fmt 4703 Sfmt 4703 E:\FR\FM\12SEN1.SGM pfrm01 PsN: 12SEN1 55050 Federal Register / Vol. 65, No. 177 / Tuesday, September 12, 2000 / Notices met. Sales or production did not decline TA–W–37,742 and A; Key Industries, competitive with articles produced by during the relevant period as required Inc., Fort Scott, KS and Hermitage, such firm or subdivision have increased, for certification. Increases of imports of MO: May 22, 1999. and that the increases in imports articles like or directly competitive. TA–W–37,792; Southwire Co., Smelter contributed importantly to such and Tankhouse, Carrollton, GA: workers’ separations or threat of Affirmative Determinations for Worker May 23, 1999. separation and to the decline in sales or Adjustment Assistance TA–W–37,849; Seagate Technology, production of such firm or subdivision; The following certifications have been Inc., Research and Design Center, or issued; the date following the company Oklahoma City, OK: June 26, 1999 (4) That there has been a shift in name and location of each TA–W–37,772; Tech Center production by such workers’ firm or determination references the impact Manufacturing, Goodyear Tire and subdivision to Mexico or Canada of date for all workers of such Rubber, Akron, OH: June 5, 1999. articles like or directly competitive with determination. TA–W–37,902; Toastmater, Ingraham articles which are produced by the firm TA–W–37,930; The Stanleyworks, Time Products Div., Laurinburg, or subdivision. Hardware Plant, Richmond, VA: NC: July 7, 1999. Negative Determinations NAFTA–TAA July 25, 1999 TA–W–37,795; Arlington Apparel Co- TA–W–37,882; Walpole, Inc., A Div. of Op, LLC, Arlington, GA: June 2, In each of the following cases the Marion Technologies, Inc., Mt. 1999. investigation revealed that criteria (3) Holly, NJ: June 30, 1999 TA–W–37,872; Chipman-Union, Inc., and (4) were not met. Imports from TA–W–37,947; Charles Craft, Inc., Belmont, NC: June 28, 1999. Canada or Mexico did not contribute Wadesboro Plant, Wadesboro, NC: TA–W–37,773; Alfa Laval Separation, importantly to workers’ separations. July 25, 1999 Inc., Warminster, PA: August 4, There was no shift in production from TA–W–37,823; Carleton Woolen Mills, 2000. the subject firm the Canada or Mexico Inc., Winthrop, ME: July 23, 2000 TA–W–37,767; Ingersoll-Rand Co., Rock during the relevant period. TA–W–37,927; Deka Medical, Triad Drill Div., Roanoke, VA: May 26, NAFTA–TAA–03950; Pearl Brewing Co., Div., Waynesville, NC: July 31, 1999 TA–W–37,936; Allied Signal/Honeywell 1999. San Antonio, TX Specialty Chemicals, Smethport, TA–W–37,848; Genicom Corp., Temple, NAFTA–TAA–03980; Morton Forest PA: July 20, 1999 TX: June 16, 1999. Products, a/k/a Tree Source, TA–W–37,816; Multiplex Technology, TA–W–37,875; Personal Products Co., Morton, WA Inc., Brea, CA: June 13, 1999 Wilmington, IL: June 28, 1999 NAFTA–TAA–04020; Thomson TA–W–37,832; Nestaway Corp., TA–W–37,793; Hitachi Koki Imaging Consumer Electronics, Inc., A.T.O Cleveland, OH: June 22, 1999 Solutions, Inc., (Formerly Known as Div., Dunmore, PA TA–W–37,842; Siemens, Norwood, OH: Data Products), Simi Valley, CA: NAFTA–TAA–04059; Beaulieu of June 14, 1999 June 2, 1999. America, Hollytex Div., Anadarko, TA–W–37,810; Buckeye Apparel, TA–W–37,839; Congoleum Corp., OK Coldwater, OH: June 2, 1999 Trainer, PA: June 15, 1999. NAFTA–TAA–03998, Trinity Industries, TA–W–37,864; Weinmann, Inc., Olney, Also, pursuant to Title V of the North Inc., Mt. Orab, OH IL: June 22, 1999 American Free Trade Agreement NAFTA–TAA–04003; Wallowa Forest TA–W–37,924; Banta Healthcare Group, Implementation Act (P.L. 103–182) Products, Wallowa, OR Eaton Park, FL: July 17, 1999 concerning transitional adjustment NAFTA–TAA–03965; Memphis Chair TA–W–37,851; J. Angela Dress Corp., assistance hereinafter called (NAFTA– Co., Gainesboro, TN Brooklyn, NY: June 19, 1999 TAA) and in accordance with Section NAFTA–TAA–03978 & A; Key TA–W–37,751; Hoff Forest Products, 250(a), Subchapter D, Chapter 2, Title II, Industries, Inc., Quilting Dept., Meridian, ID: May 24, 1999 of the Trade Act as amended, the Buffalo, MO and Hermitage, MO TA–W–37,736; Transsouthern Leasing, Department of Labor presents NAFTA–TAA–04007; Key Industries, a/k/a Dallas Manufacturing, Selma, summaries of determinations regarding Inc., Fort Scott, KS AL: May 15, 1999 eligibility to apply for NAFTA–TAA NAFTA–TAA–04042; Joseph Timber TA–W–37,853; VF Workwear, Inc., issued during the month of August, Co., LLC, Joseph, OR Bassville, MS: June 22, 1999 2000. NAFTA–TAA–03970; Craft House TA–W–37,918; Trans Regional In order for an affirmative International, Inc., Kalkaska, MI Manufacturing Co., Inc., Blackville NAFTA–TAA–04058; Cloverland determination to be made and a SC: June 15, 1999 Manufacturing, Inc., Escanaba, MI certification of eligibility to apply for TA–W–37,897; Osram Sylvania, St. NAFTA–TAA–03902; Berstone Knitting NAFTA–TAA the following group Marys, PA: July 12, 1999. Mills, Brooklyn, NY eligibility requirements of Section 250 TA–W–37,912; Aquatech, Inc., NAFTA–TAA–04053; Ochoco Lumber of the Trade Act must be met: McMinnville, TN: July 6, 1999. Co., Prineville, OR (1) That a significant number or TA–W–37,748; Coats North America, NAFTA–TAA–04005; Graphic Vinyl proportion of the workers in the Anniston, AL: May 23, 1999. Products, Inc., Newark, NJ workers’ firm, or an appropriate TA–W–37,888; Federal Mogul Wiper The investigation revealed that the Products, Michigan City, IN: July 6, subdivision thereof, (including workers in any agricultural firm or appropriate criteria for eligibility have not been met 1999. for the reasons specified. TA–W–37,790; Empire Steel Castings, subdivision thereof) have become totally Inc., Reading, PA: June 5, 1999. or partially separated from employment NAFTA–TAA–4052; Chief Tonasket TA–W–37,874; Frink America, Inc., and either— Growers, Tonasket, WA Clayton, NY: June 15, 1999 (2) That sales or production, or both, NAFTA–TAA–04091; Humpty Dumpty TA–W–37,705; Competitive Engineering, of such firm or subdivision have Snack Foods USA, Inc., Inc., Tucson, AZ: May 5, 1999. decreased absolutely, Scarborough, ME TA–W–37,695; Ryan Press, Ogdensburg, (3) That imports from Mexico or The investigation revealed that NY: April 27, 1999. Canada of articles like or directly workers of the subject firm did not
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The denial Petitions for transitional adjustment NAFTA–TAA–04010; Personal Products was issued on July 17, 2000, and was assistance under the North American Co., Wilmington, IL: June 28, 1999. Free Trade Agreement-Transitional NAFTA–TAA–03982; Friedman Bag Co., published in the Federal Register on Adjustment Assistance Implementation Textile Div., Portland, OR: June 19, August 1, 2000 (65 FR 46954). Act (Pub. L. 103–182), hereinafter called 1999. The IUE Local 737 presents evidence (NAFTA–TAA), have been filed with NAFTA–TAA–04012; Walpole, Inc., A that the shift in production to Canada of State Governors under Section 250 (b)(1) Div. of Marino Technologies, Inc., the housing (cabinets) produced by of Subchapter D, Chapter 2, Title II, of Mt. Holly, NJ: June 30, 1999. workers in the Sheet Metal Fabrication the Trade Act of 1974, as amended, are NAFTA–TAA–04056; Medical Department, occurred in the early part identified in the Appendix to this Parameters, Inc., d/b/a Arrow/ of 1999, not 1998 as indicated in the Notice. Upon notice from a Governor Walrus, Woburn, MA: July 24, 1999. Department’s negative determination for NAFTA–TAA–04092; Ledalite that a NAFTA–TAA petition has been the Rockwell Automation petition. received, the Director of the Division of Architectural Products, Genlyte- Therefore, worker separations occurred Thomas Group, Kent, WA: August Trade Adjustment Assistance (DTAA), within one year of the date of the Employment and Training 9, 1999. petition. NAFTA–TAA–04030; C and M Corp., Administration (ETA), Department of Wauregan, CT: July 13, 1999. At the subject firm’s Euclid, Ohio Labor (DOL), announces the filing of the NAFTA–TAA–4044; Tri State Data plant, the workers in the Sheet Metal petition and takes action pursuant to Products, Feasterville, PA: July 24, Fabrication Department are separately paragraphs (c) and (e) of Section 250 of 1999. identifiable from those workers at the the Trade Act. NAFTA–TAA–04054; Victor Equipment plant engaged in employment related to The purpose of the Governor’s actions Co., Abilene, TX: August 3, 1999. wiring and testing of the final product, and the Labor Department’s NAFTA–TAA–04078; Wolverine control cabinets. investigations are to determine whether Worldwide, Inc., Kirksville, MO: the workers separated from employment July 17, 1999. Conclusion on or after December 8, 1993 (date of enactment of Pub. L. 103–182) are I hereby certify that the aforementioned After careful consideration of the new eligible to apply for NAFTA–TAA under determinations were issued during the month facts obtained on reopening, it is Subchapter D of the Trade Act because of August, 2000. Copies of these concluded that the workers of Rockwell of increased imports from or the shift in determinations are available for inspection in Automation, Sheet Metal Fabrication Room C–5311, U.S. Department of Labor, 200 production to Mexico or Canada. Constitution Avenue, N.W., Washington, D.C. Department, Euclid Plant, Euclid, Ohio, The petitioners or any other persons 20210 during normal business hours or will were adversely affected by the shift in showing a substantial interest in the be mailed to persons who write to the above production of sheet metal cabinets to subject matter of the investigations may address. Canada. In accordance with the request a public hearing with the provisions of the Trade Act of 1974, I Director of DTAA at the U.S. Dated: September 5, 2000. make the following revised Department of Labor (DOL) in Edward A. Tomchick, determination: Washington, DC provided such request Director, Division of Trade Adjustment if filed in writing with the Director of ‘‘All workers of Rockwell Automation, Assistance. DTAA not later than September 22, Sheet Metal Fabrication Department, Euclid [FR Doc. 00–23344 Filed 9–11–00; 8:45 am] 2000. Plant, Euclid, Ohio, engaged in employment BILLING CODE 4510±30±M related to the production of sheet metal Also, interested persons are invited to cabinets, who became totally or partially submit written comments regarding the subject matter of the petitions to the DEPARTMENT OF LABOR separated from employment on or after February 4, 1999, through two years from the Director of DTAA at the address shown Employment and Training date of certification, are eligible to apply for below not later than September 22, Administration NAFTA–TAA under Section 250 of the Trade 2000. Act of 1974.’’ Petitions filed with the Governors are [NAFTA±3721] available for inspection at the Office of Signed at Washington, D.C. this 30th day the Director, DTAA, ETA, DOL, Room Rockwell Automation; Sheet Metal of August 2000. C–5311, 200 Constitution Avenue, NW., Fabrication Department; Euclid Plant; Edward A. Tomchick, Washington, DC 20210. Euclid, Ohio; Notice of Revised Director, Division of Trade Adjustment Determination on Reopening Signed at Washington, D.C. this 30th day Assistance. of August, 2000. By letter of July 28, 2000, Local 737 [FR Doc. 00–23345 Filed 9–11–00; 8:45 am] Edward A. Tomchick, of the International Union of Electronic, BILLING CODE 4510±30±M Director, Division of Trade Adjustment Electrical, Salaried, Machine and Assistance.
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Appendix
Date received Subject firm Location at Governor's Petition Articles produced Office Number
Stanly Knitting Mills (Co.) ...... Oakboro, NC ...... 08/07/2000 NAFTA±4,061 jogging suits, tops & knit dresses. Penn MachineÐMarmon Group (USWA) ...... Johnstown, PA ...... 08/08/2000 NAFTA±4,062 locomotive products. RMH Teleservices (Wkrs) ...... Sergeant Bluff, IA ...... 06/01/2000 NAFTA±4,063 teleservices. General MotorsÐDesert Proving Ground Mesa, AZ ...... 08/10/2000 NAFTA±4,064 weather testing. (Co.). Academy Broadway (Co.) ...... Pine Knot, KY ...... 08/08/2000 NAFTA±4,065 sleeping bags. Lund Induystries (Wkrs) ...... Anoka, MN ...... 08/08/2000 NAFTA±4,066 fiberglass truck accessories. ABCÐNACO (IBM) ...... Superior, WI ...... 08/10/2000 NAFTA±4,067 railroad truckwork products. Rock Tenn (PACE) ...... Madison, WI ...... 07/27/2000 NAFTA±4,068 folding cartons. Alaris Medical Systems (wkrs) ...... Creedmoor, NC ...... 08/11/2000 NAFTA±4,069 disposable medical devices. Consolidated Metco Rivergate (IAMAW) ...... Porland, OR ...... 08/10/2000 NAFTA±4,070 parts for trucks. Telxon Corporation (Co.) ...... Houston, TX ...... 08/11/2000 NAFTA±4,071 repair of handheld wireless computers. Santtony Wear (Co.) ...... Rockingham, NC ...... 08/11/2000 NAFTA±4,072 undergarments. Smith and Nephew (Co.) ...... Charlotte, NC ...... 08/11/2000 NAFTA±4,073 synthetic orthopedic cast tape. Jockey International (C0.) ...... Randleman, NC ...... 08/07/2000 NAFTA±4,074 women's sheer hosiery & tights. HobmanÐModel Rectifier (Wkrs) ...... Jim Thorpe, PA ...... 08/14/2000 NAFTA±4,075 printed circuit boards. Reynolds Metals (IAMAW) ...... Troudale, OR ...... 08/09/2000 NAFTA±4,076 aluminum. Movies 99ÐNew Movie Corp. (Wkrs) ...... Salk Lake City, UT ...... 08/08/2000 NAFTA±4,077 film, television & commercial production. Wolverine World Wide (UNITE) ...... Kirksville, MO ...... 08/09/2000 NAFTA±4,078 work boots. Royal Oak Enterprises (Wkrs) ...... Licking, MO ...... 08/14/2000 NAFTA±4,079 lump charcoal. Louisiana Pacific (Co) ...... Hayden Lake, ID ...... 07/31/2000 NAFTA±4,080 lumber. Mountaineer Precision Tool & Mold (C0.) ...... Waynesville, NC ...... 08/15/2000 NAFTA±4,081 injection molds for plastic parts. Pillowtex (UNITE) ...... Salisbury, NC ...... 08/14/2000 NAFTA±4,082 bed sheeting materials. Canon Business Machnes (Co.) ...... Costa Mesa, CA ...... 08/14/2000 NAFTA±4,083 electronic business machines. WP Industries (Wkrs) ...... South Gate, CA ...... 08/14/2000 NAFTA±4,084 pottery. GRT (Wkrs) ...... Sun Valley, CA ...... 07/24/2000 NAFTA±4,085 plastic injection molding sup- plies. Eagle Eaton LeonardÐEagle Precision (Co.) Carlsbad, CA ...... 08/07/2000 NAFTA±4,086 tube bending machinery. Astro Design (CBO) ...... Seattle, WA ...... 08/18/2000 NAFTA±4,087 active wear garments. Leoni Wiring Systems (Co.) ...... Tuscon, AZ ...... 08/11/2000 NAFTA±4,088 cables. Tyco Electronics (Wkrs) ...... Sanford, ME ...... 08/16/2000 NAFTA±4,089 electronic connectors. Midwest Electric Products (Co.) ...... Mankato, MN ...... 08/09/2000 NAFTA±4,090 electrical equipment. Humpty Dumpty Snack Food (Co.) ...... South Portland, ME ...... 08/16/2000 NAFTA±4,091 potato chips. Ledalite Architectural Products (Wkrs) ...... Kent, WA ...... 08/18/2000 NAFTA±4,093 linear lighting. Central Point Lumber (Wkrs) ...... Central Point, OR ...... 08/14/2000 NAFTA±4,093 stud lumber. A.O. Smith (Co.) ...... gordonsville, Tn ...... 08/15/2000 NAFTA±4,094 electric motors. Trust Joict (Wkrs) ...... Engene, OR ...... 08/17/2000 NAFTA±4,095 i-beams. Roseburg Forest Products (Co.) ...... Roseburg, OR ...... 08/17/2000 NAFTA±4,096 pondersoa pine & sugar pine shop. Trinity Industries (Wkrs) ...... Asheville, NC ...... 08/18/2000 NAFTA±4,097 railcar parts. Savane International (Co.) ...... El Paso, TX ...... 08/22/2000 NAFTA±4,098 pants. Adirondack Knitting (Co.) ...... New York, NY ...... 08/29/2000 NAFTA±4,099 home furnishings. Great Lakes ChemicalÐPolymer Additives Laredo, TX ...... 08/23/2000 NAFTA±4,100 antimony oxide. (Wkrs). Garden Grow (The) (Co.) ...... Wilsonville, OR ...... 08/24/2000 NAFTA±4,101 packet seed. Freightliner (IAM) ...... Portland, OR ...... 08/23/2000 NAFTA±4,102 trucks. Burlington Industries (Co.) ...... Stokesdale, NC ...... 08/24/2000 NAFTA±4,103 comforters, bedroom acces- sories. Hennessee Apparel (Co.) ...... Deactur, TN ...... 08/28/2000 NAFTA±4,104 sweatshirts, t-shirts & sweat- ers. Lucchese (Wkrs) ...... El Paso, TX ...... 08/23/2000 NAFTA±4,105 boots. United States LeatherÐLackawanna Leath El Paso, TX ...... 08/22/2000 NAFTA±4,106 finished leather. (Co.). American Bag (Co.) ...... Stearns KY ...... 08/23/2000 NAFTA±4,107 airbads. Parker Seal (Wkrs) ...... Berea, KY ...... 08/21/2000 NAFTA±4,108 o-ring & shape seals. Universal Garment Finishing (Wkrs) ...... Louisville, KY ...... 08/21/2000 NAFTA±4,109 garment finishing services. JBLÐHarman (Wkrs) ...... Northridge, CA ...... 08/24/2000 NAFTA±4,110 loudspeaker components & cabinets. Hayden Industrial Products (Co.) ...... Corona, CA ...... 08/28/2000 NAFTA±4,111 truck cooling systems. Harris Interactice (Wkrs) ...... Vestal, NY ...... 08/22/2000 NAFTA±4,112 market research surveys. U.S. Textiles (Wkrs) ...... Newland, NC ...... 08/03/2000 NAFTA±4,113 ladies pantyhose. Lotus Designs (Wkrs) ...... Weaverville, NC ...... 08/23/2000 NAFTA±4,114 life vest. International Paper (Wkrs) ...... Monticello, AR ...... 08/07/2000 NAFTA±4,115 paper & poly bags. WTTC (Wkrs) ...... Raymondville, TX ...... 08/22/2000 NAFTA±4,116 cut denim materials.
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Date received Subject firm Location at Governor's Petition Articles produced Office Number
TRW (Wkrs) ...... Danville, PA ...... 08/24/2000 NAFTA±4,117 valves. Louisiana Pacific (Wkrs) ...... Hines, OR ...... 08/24/2000 NAFTA±4,118 wood products. Bulk Manufacturing (Co.) ...... Plant City, FL ...... 08/15/2000 NAFTA±4,119 cxargo tanks. Corlair Corporation (Co.) ...... Piedmont, MO ...... 08/28/2000 NAFTA±4,120 leather vinyl business acces- sories. Terex Corporation (Co.) ...... Tulsa, OK ...... 08/25/2000 NAFTA±4,121 dump bodies, front axles.
[FR Doc. 00–23346 Filed 9–11–00; 8:45 am] 11. Consider and act on the report of who have a disability and need an BILLING CODE 4510±30±M the Board’s Finance Committee. accommodation to attend the meeting 12. Consider and act on the report of may notify Shannon Nicko Adaway, at the Board’s Operations and Regulations (202) 336–8800. LEGAL SERVICES CORPORATION Committee. Dated: September 7, 2000. 13. Establish the Board’s FY 2000 Victor M. Fortuno, Sunshine Act Meeting of the Board of Annual Performance Reviews Directors Vice President for Legal Affairs, General Committee to conduct the fiscal year Counsel & Corporate Secretary. 2000 annual performance appraisals of [FR Doc. 00–23515 Filed 9–8–00; 2:11 pm] TIME AND DATE: The Board of Directors LSC’s President and Inspector General. of the Legal Services Corporation will 14. Consider and act on the BILLING CODE 7050±01±P meet on September 18, 2000. The establishment of an independent panel, meeting will begin at 12:30 p.m. and and delegation to the Board Chair of LEGAL SERVICES CORPORATION continue until conclusion of the Board’s authority to appoint the membership agenda. thereof, to study and report to the Board Sunshine Act Meeting of the Board of LOCATION: San Francisco Marriott, 55 on the impact of LSC restrictions on the Directors Finance Committee Fourth Street, San Francisco, California services that LSC grantees provide to 94103. clients. TIME AND DATE: The Finance Committee STATUS OF MEETING: Open, except that a 15. Consider and act on report by OIG of the Legal Services Corporation Board portion of the meeting may be closed Liaison John Erlenborn concerning OIG of Directors will meet on September 17, pursuant to a vote of the Board of issuance and enforcement of subpoenas 2000. The meeting will begin at 4:30 Directors to hold an executive session. on Georgia programs. p.m. and continue until the Committee At the closed session, the Corporation’s 16. Consider and act on proposed concludes its agenda. General Counsel will report to the Board change of the currently scheduled LOCATION: San Francisco Marriott, 55 on litigation to which the Corporation is March 2001 Board meeting date. Fourth Street, San Francisco, California or may become a party, and the Board Closed Session 94103. may act on the matters reported. The STATUS OF MEETING: Open. closing is authorized by the relevant 17. Briefing 1 by the Inspector General provisions of the Government in the on the activities of the Office of MATTERS TO BE CONSIDERED: Sunshine Act [5 U.S.C. 552b(c) (2), (4), Inspector General. 1. Approval of agenda. (6) and (10)] and the corresponding 18. Consider and act on the Office of 2. Approval of the minutes of the provisions of the Legal Services Legal Affairs’ report on potential and Committee’s meeting of June 25, 2000. Corporation’s implementing regulation pending litigation involving LSC. 3. Report on LSC’s Consolidated [45 CFR § 1622.5 (a), (c), (e) and (h)]. A 19. Consider and act on an LSC Operation Budget, Expenses and Other copy of the LSC Senior officer’s request for Board consent to his Funds Available through July 31, 2000. Assistant General Counsel’s performing some limited services to a 4. Report on the projected operating Certification that the closing is non-LSC entity during his own time. expenses for fiscal year 2000 based on operating experiences through June 30, authorized by law will be available Open Session upon request. 2000. 20. Consider and act on other MATTERS TO BE CONSIDERED: Open 5. Report on the internal budgetary business. Session adjustments. 1. Approval of agenda. 21. Public Comment. 6. Consider and act on the President’s 2. Approval of the minutes of the CONTACT PERSON FOR INFORMATION: recommendations for Consolidated Board’s meeting of June 26, 2000. Victor M. Fortuno, Vice President for Operating Budget reallocations. 3. Approval of the minutes of the Legal Affairs, General Counsel & 7. Consider and act on proposed executive session of the Board’s meeting Corporate Secretary, at (202) 336–8800. Temporary Operating Budget for Fiscal of June 26, 2000. SPECIAL NEEDS: Upon request, meeting Year 2001. 4. Approval of minutes of the Board’s notices will be made available in 8. Briefing by Randi Youells, Vice telephonic meeting of August 1, 2000. alternate formats to accommodate visual President for Programs, and Carolyn 5. Scheduled Public Speakers. and hearing impairments. Individuals Worrell of LSC’s Office of Program 6. Chairman’s Report. Performance, on changes in LSC’s 7. Members’ Report. 1 Any portion of the closed session consisting services in Indian Country. 8. Inspector General’s Report. solely of staff briefings does not fall within the 9. Consider and act on budget mark 9. President’s Report. Sunshine Act’s definition of the term ‘‘meeting’’ for fiscal year 2002. and, therefore, the requirements of the Sunshine 10. Consider and act on other 10. Consider and act on the report of Act do not apply to any such portion of the closed the Board’s Committee on Provision for session. 5 U.S.C. 552(b)(a)(2) and (b). See also 45 business. the Delivery of Legal Services. C.F.R. § 1622.2 & 1622.3 11. Public comment.
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CONTACT PERSON FOR INFORMATION: may notify Shannon Nicko Adaway, at alternate formats to accommodate visual Victor M. Fortuno, Vice President for (202) 336–8800. and hearing impairments. Individuals who have a disability and need an Legal Affairs, General Counsel & Victor M. Fortuno, Corporate Secretary, at (202) 336–8800. accommodation to attend the meeting Vice President for Legal Affairs, General may notify Shannon Nicko Adaway, at Counsel & Corporate Secretary. SPECIAL NEEDS: Upon request, meeting (202) 336–8800. notices will be made available in [FR Doc. 00–23517 Filed 9–8–00; 2:11 pm] Dated: September 7, 2000. alternate formats to accommodate visual BILLING CODE 7050±01±P and hearing impairments. Individuals Victor M. Fortuno, who have a disability and need an Vice President for Legal Affairs, General LEGAL SERVICES CORPORATION Counsel & Corporate Secretary accommodation to attend the meeting [FR Doc. 00–23518 Filed 9–8–00; 2:12 pm] may notify Shannon Nicko Adaway, at Sunshine Act Meeting of the Board of BILLING CODE 7050±01±P (202) 336–8800. Directors Committee on Provision for September 7, 2000. the Delivery of Legal Services Victor M. Fortuno, MARINE MAMMAL COMMISSION TIME AND DATE: The Committee on Vice President for Legal Affairs, General Provision for the Delivery of Legal Sunshine Act Meetings Counsel & Corporate Secretary. Services of the Legal Services [FR Doc. 00–23516 Filed 9–8–00; 2:11 pm] Corporation Board of Directors will TIME AND DATE: The Marine Mammal BILLING CODE 7050±01±P meet on September 17, 2000. The Commission and its Committee of meeting will begin at 10:00 a.m. and Scientific Advisors on Marine Mammals continue until the Committee concludes will meet in executive session on LEGAL SERVICES CORPORATION its agenda. Tuesday, October 10, 2000, from 8:30 LOCATION: San Francisco Marriott, 55 a.m. to 10:00 a.m. The public sessions Sunshine Act Meeting of the Board of Fourth Street, San Francisco, California of the Commission and the Committee Directors Operations & Regulations 94103. meeting will be held on Tuesday, Committee STATUS OF MEETING: Open. October 10, from 10:15 a.m. to 5:15 MATTERS TO BE CONSIDERED: p.m., on Wednesday,October 11, from TIME AND DATE: The Operations and 1. Approval of agenda. 8:30 a.m. to 5:00 p.m., and on Thursday, Regulations Committee of the Legal 2. Approval of the minutes of the October 12, from 8:30 a.m. to 3:45 p.m. Services Corporation Board of Directors Committee’s meeting of June 25, 2000. PLACE: The TradeWinds Sandpiper will meet on September 18, 2000. The 3. Presentation on State Planning by Hotel, 6000 Gulf Boulevard, St. Pete meeting will begin at 9:45 a.m. and Senior Program Counsel for State Beach, Florida 33706; Phone number continue until the Committee concludes Planning Robert Gross and the following 727/360–5551. Fax number 727/562– its agenda. panel of guests: 1282. • Robert Clyde, Executive Director, STATUS: The executive session will be LOCATION: San Francisco Marriott, 55 Ohio Legal Assistance Foundation; • closed to the public. At it, matters Fourth Street, San Francisco, California Joseph Dailing, Executive Director, relating to international negotiations in 94103. Prairie State Legal Services (Illinois); process, personnel, and the budget of • Estella Casas, Executive Director, STATUS OF MEETING: Open. the Commission will be discussed. All Greater Bakersfield Legal Assistance other portions of the meeting will be MATTERS TO BE CONSIDERED: Foundation (California). open to public observation. Public 4. Report by Glen Rawdon, of LSC’s 1. Approval of agenda. participation will be allowed as time Office of Program Performance, on permits and as determined to be 2. Approval of the minutes of the LSC’s technology initiative and grant desirable by the Chairman. Committee’s meeting of June 25, 2000. awards. MATTERS TO BE CONSIDERED: The 3. Consider and act on a proposed 5. Briefing by Randi Youells, Vice President for Programs, and Carolyn Commission and Committee will meet Rulemaking Protocol for in public session to discuss a broad recommendation to the Board. Worrell of LSC’s Office of Program Performance, on changes in LSC’s range of marine mammal matters. The 4. Consider and act on revised services in Indian Country. focus of the meeting will be on species Federal Register notice announcing and 6. Report by Randi Youells, Vice that occur in waters along the Atlantic requesting comment on proposed President for Programs, on the and Gulf of Mexico coasts of the United Property Acquisition and Management development of revisions to the CSR States. While subject to change, major Manual. system (the LSC Results Project) and the issues that the Commission plans to consider at the meeting include: 5. Consider and act on other business. development of new performance measures (the LSC Performance Project). research and management issues related 6. Public comment. 7. Report by Randi Youells, Vice to the Florida population of West Indian CONTACT PERSON FOR INFORMATION: President for Programs, on LSC’s manatees, the Atlantic and Gulf Victor M. Fortuno, Vice President for Diversity Initiatives. populations of bottlenose dolphins, northern right whales, and the effects of Legal Affairs, General Counsel & 8. Consider and act on other business. 9. Public comment. noise on marine mammals. Corporate Secretary, at (202) 336–8800. CONTACT PERSON FOR INFORMATION: CONTACT PERSON FOR MORE INFORMATION: SPECIAL NEEDS: Upon request, meeting Victor M. Fortuno, Vice President for Robert H. Mattlin, Executive Director, notices will be made available in Legal Affairs, General Counsel & Marine Mammal Commission, 4340 alternate formats to accommodate visual Secretary of the Corporation, at (202) East-West Highway, Room 905, and hearing impairments. Individuals 336–8800. Bethesda, MD 20814, 301/504–0087. who have a disability and need an SPECIAL NEEDS: Upon request, meeting SUPPLEMENTARY INFORMATION: This is a accommodation to attend the meeting notices will be made available in second notice of the Commission’s 2000
VerDate 112000 16:45 Sep 11, 2000 Jkt 190000 PO 00000 Frm 00066 Fmt 4703 Sfmt 4703 E:\FR\FM\12SEN1.SGM pfrm01 PsN: 12SEN1 Federal Register / Vol. 65, No. 177 / Tuesday, September 12, 2000 / Notices 55055 meeting and, except for the contact MERIT SYSTEMS PROTECTION review and comment. The appeal form information, does not constitute any BOARD is currently displayed in 5 CFR part significant change in the specifics of the 1201, appendix I, and on the MSPB Web meeting as originally published in the Agency Information Collection Page at http://www.mspb.gov/foia/ July 12, 2000, notice (65 FR 43039). Activities; Proposed Collection applform.pdf. Dated: September 8, 2000. AGENCY: Merit Systems Protection In this regard, we are soliciting Robert H. Mattlin, Board. comments on the public reporting ACTION: Executive Director. Notice. burden. The reporting burden for the collection of information on this form is [FR Doc. 00–23460 Filed 9–8–00; 10:13 am] SUMMARY: In compliance with the estimated to vary from 20 minutes to BILLING CODE 6820±31±M Paperwork Reduction Act (44 U.S.C. 3501 et seq.), this notice announces that one hour per response, with an average the Merit Systems Protection Board’s of 30 minutes, including time for request for a three year extension of reviewing instructions, searching approval of its optional appeal form, existing data sources, gathering and Optional Form 283 (Rev. 10/94) has maintaining the data needed, and been forwarded to the Office of completing and reviewing the collection Management and Budget (OMB) for of information.
ESTIMATED ANNUAL REPORTING BURDEN
Annual Frequency Hours per 5 CFR section number of per Total annual response Total hours respondents response responses (average)
1201 and 1209 ...... 9,000 1 9,000 .5 4,500
Send comments regarding the burden NATIONAL AERONAUTICS AND NATIONAL CREDIT UNION estimate, or any other aspect of the SPACE ADMINISTRATION ADMINISTRATION information collection, including [Notice 00±107] suggestions for reducing the burden, to Sunshine Act Meeting the address shown below. Please refer to Government-Owned Inventions, The National Credit Union OMB Control No. 3124–0009 in any Available for Licensing Administration Board determined that correspondence. its business required the deletion of the AGENCY: National Aeronautics and following two items from the previously DATES: Space Administration. Comments must be received on announced closed meeting (Federal or before (insert date 30 days from ACTION: Notice of Availability of Register, Vol. 65, No. 173, page 54078, publication). Inventions for Licensing. Wednesday, September 6, 2000) ADDRESSES: Copies of the appeal form SUMMARY: The inventions listed below scheduled for Thursday, September 7, may be obtained from the MSPB Web are assigned to the National Aeronautics 2000. 1. Administrative Action under site at http://www.mspb.gov/foia/ and Space Administration, have been filed in the United States Patent and Section 206 of the Federal Credit Union applform.pdf, any MSPB regional or Act. Closed pursuant to exemptions (8), field office, or from the Office of the Trademark Office, and are available for licensing. (9)(A)(ii) and (9)(B). Clerk, Merit Systems Protection Board, The Board voted two-to-one, Board 1615 M Street, NW., Washington, DC DATES: Dates published in the Federal Member Wheat voting no, that agency 20419, by calling (202) 653–7200. Register. business required that this item be Comments concerning the paperwork FOR FURTHER INFORMATION CONTACT: John deleted from the closed agenda and that burden should also be addressed to Mr. Kusmiss, Patent Counsel, NASA no earlier announcement of this change Arlin Winefordner, Office of the Clerk, Management Office-JPL, 4800 Oak was possible. and to the Office of Information and Grove Drive, Mail Stop 180–801, 3. Field of Membership Appeal. Regulatory Affairs, Office of Pasadena, CA 91109; Tel. (818) 354– Closed pursuant to exemptions (8) and management and Budget, Attention: 7770. (9)(A)(ii). Desk Officer for MSPB, 725 17th Street NASA Case No. NPO 19289–1: On- The Board voted unanimously that NW., Washington, DC 20503. Chip Learning in VLSI Environment; agency business required that this item NASA Case No. NPO–20403–1: Inrush be deleted from the closed agenda and Dated: September 12, 2000. Current Control Circuit; that no earlier announcement of this Robert E. Taylor, NASA Case No. DRC 099–006: change was possible. Clerk of the Board. Algorithm and Test Technique for a The previously announced closed [FR Doc. 00–23283 Filed 9–11–00; 8:45 am] Frequency Excitation Using an items were: 1. Administrative Action under BILLING CODE 7400±01±M Optimized Multiple Frequency Sweep Waveform (Sweepstack). Section 206 of the Federal Credit Union Act. Closed pursuant to exemptions (8), Dated: September 6, 2000. (9)(A)(ii) and (9)(B). Edward A. Frankle, 2. Two (2) Administrative Actions General Counsel. under Part 704 of NCUA’s Rules and [FR Doc. 00–23362 Filed 9–11–00; 8:45 am] Regulations. Closed pursuant to BILLING CODE 7510±01±P exemption (8).
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3. Field of Membership Appeal. have earned doctoral degrees in science minutes to complete the survey. We Closed pursuant to exemptions (8) and and engineering from U.S. institutions estimate that the total annual burden (9)(A)(ii). will be surveyed. The purpose of the will be 16,666 hours during the year. 4. Three (3) Personnel Matters. Closed study is to provide national estimates Special Areas for Review: NSF pursuant to exemptions (2) and (6). describing the relationship between requests special review and comments FOR FURTHER INFORMATION CONTACT: education and employment for Ph.D. in the following areas: Becky Baker, Secretary of the Board, recipients in science and engineering. (a) Whether the proposed collection of Telephone (703) 518–6304. The study is one of three components of information is necessary for the proper the Scientists and Engineers Statistical performance of the functions of the Becky Baker, Data System (SESTAT), which produces Foundation, including whether the Secretary of the Board. national estimates of the size and information will have practical utility; [FR Doc. 00–23459 Filed 9–7–00; 5:08 pm] characteristics of the nation’s science (b) The accuracy of the Foundation’s BILLING CODE 7535±01±M and engineering population. estimate of the burden of the proposed The National Science Foundation Act collection of information; of 1950, as subsequently amended, (c) Ways to enhance the quality, NATIONAL SCIENCE FOUNDATION includes a statutory charge to ‘‘* * * utility, and clarity of the information to provide a central clearinghouse for the be collected; and Agency Information Collection collection, interpretation, and analysis (d) Ways to minimize the burden of Activities: Proposed Collection; of data on scientific and engineering the collection of information on those Comment Request resources, and to provide a source of who are to respond. information for policy formulation by Dated: September 6, 2000. AGENCY: National Science Foundation. other agencies of the Federal Suzanne H. Plimpton, ACTION: Notice. Government.’’ The Survey of Doctorate NSF Reports Clearance Officer. Recipients is designed to comply with SUMMARY: Under the Paperwork these mandates by providing [FR Doc. 00–23324 Filed 9–11–00; 8:45 am] Reduction Act of 1995, Pub. L. 104–13 information on the supply and BILLING CODE 7555±01±M (44 U.S.C. 3501 et seq.), and as part of utilization of doctorate level scientists its continuing effort to reduce and engineers. Collected data will be paperwork and respondent burden, the used to produce estimates of the NUCLEAR REGULATORY National Science Foundation (NSF) is characteristics of these individuals. COMMISSION inviting the general public or other They will also provide necessary input [Docket No. 50±412] Federal agencies to comment on this into the SESTAT labor force data proposed continuing information system, which produces national Pennsylvania Power Company, Ohio collection estimates of the size and characteristics Edison Company, the Cleveland DATES: Written comments on this notice of the country’s science and engineering Electric Illuminating Company, the must be received by November 13, 2000 population. The Foundation uses this Toledo Edison Company, FirstEnergy to be assured of consideration. information to prepare congressionally Nuclear Operating Company, Beaver Comments received after that date will mandated reports such as Women and Valley Power Station, Unit 2; Notice of be considered to the extent practicable. Minorities in Science and Engineering Consideration of Issuance of FOR FURTHER INFORMATION CONTACT: For and Science and Engineering Indicators. Amendment to Facility Operating further information or for a copy of the A public release file of collected data, License, Proposed No Significant collection instrument and instructions designed to protect respondent Hazards Consideration Determination, contact Ms. Suzanne H. Plimpton, confidentiality, is expected to be made and Opportunity for a Hearing Reports Clearance Officer, via surface available to researchers on CD–ROM and on the World Wide Web. The U.S. Nuclear Regulatory mail: National Science Foundation, Commission (the Commission) is ATTN: NSF Reports Clearance Officer, Questionnaires will be mailed in April 2001 and nonrespondents to the considering issuance of an amendment Suite 295, 4201 Wilson Boulevard, to Facility Operating License No. NPF– Arlington, VA 22230; telephone (703) mail questionnaire will be contacted by computer assisted telephone 73 issued to FirstEnergy Nuclear 292–7556; e-mail [email protected]; or Operating Company (the licensee) for FAX (703) 292–9188. Individuals who interviewing (CATI). The survey will be collected in conformance with the operation of the Beaver Valley Power use a telecommunications device for the Station, Unit 2, located in Beaver deaf (TDD) may call the Federal Privacy Act of 1974 and the individual’s response to the survey is voluntary. NSF County, Pennsylvania. Information Relay Service (FIRS) at 1– The proposed amendment would 800–877–8339 between 8 a.m. and 8 will insure that all information collected will be kept strictly confidential and revise certain 18-month surveillance p.m., Eastern time, Monday through requirements in the technical Friday. will be used only for research or statistical purposes, analyzing data, and specifications by eliminating the SUPPLEMENTARY INFORMATION: preparing scientific reports and articles. condition that testing be conducted Title of Collection: 1999 Survey of during shutdown, or during cold Doctorate Recipients. Expected Respondents shutdown or refueling mode. The OMB Control No.: 3145–0020. We will mail the survey to a statistical systems that would be affected are the Expiration Date of Approval: April 30, sample of approximately 40,000 U.S. emergency core cooling system (ECCS), 2001. doctorates. containment depressurization and cooling system, chemical addition Abstract Burden on the Public system, and containment isolation valve The Survey of Doctorate Recipients The amount of time to complete the system. The proposed amendment (SDR) has been conducted biennially questionnaire may vary depending on would not change the current type and since 1973. For the 2001 cycle, a sample an individual’s circumstances; however, frequency of the 18-month surveillances of individuals under the age of 76 who on average it will take approximately 25 for these systems.
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Allowing testing to be performed month surveillance tests. By allowing credit 3. Does the change involve a significant either at shutdown or crediting testing to be taken for testing accomplished while at reduction in a margin of safety? performed at power maintains the safety power to meet the 18-month surveillance The proposed amendment does not involve analysis conclusions and allows requirement, eliminating redundant testing, revisions to any safety limits or safety system and performing that portion of the associated setting that would adversely impact plant shutdown activities to be planned tests that need to be performed at shutdown, safety. The proposed amendment does not which will reduce the shutdown risk. plant safety is not adversely affected and affect the ability of systems, structures or In addition, the proposed amendment shutdown risk can be minimized. components important to the mitigation and would make administrative, editorial, Beaver Valley Power Station (BVPS) is control of design basis accident conditions and format changes that have no impact actively managing operational risk using within the facility to perform their safety on plant safety. insights from the site-specific probabilistic related functions. In addition, the proposed Before issuance of the proposed risk assessment. Through active risk amendment does not affect the ability of the license amendment, the Commission management, BVPS assesses the effect of safety systems to ensure that the facility can scheduled maintenance and surveillance will have made findings required by the be maintained in a shutdown or refueling activities on core damage frequency. condition for extended periods of time. Atomic Energy Act of 1954, as amended Adjustments to scheduled activities are The proposed amendment does not change (the Act) and the Commission’s made, when possible, to lower operational the current surveillance type and frequency regulations. risk. of the affected 18 month surveillance The Commission has made a These accident mitigation systems will be requirements for the ECCS, Containment proposed determination that the demonstrated to be able to function as Depressurization and Cooling System, amendment request involves no required on a periodic basis. Thus, the Chemical Addition System, and Containment significant hazards consideration. Under performance of the affected surveillance Isolation Valves. The proposed amendment requirements will continue to ensure that removes only the requirement to perform this the Commission’s regulations in 10 CFR these systems are capable of mitigating a 50.92, this means that operation of the testing during shutdown conditions. design basis accident. Therefore, the Allowing this testing to be performed either facility in accordance with the proposed consequence of an accident previously during shutdown or at power when plant amendment would not (1) involve a evaluated is not significantly increased as a conditions do not adversely affect plant significant increase in the probability or result of this license amendment request. safety maintains the safety analysis consequences of an accident previously The proposed administrative, editorial, and conclusions and allows shutdown activities evaluated; or (2) create the possibility of format changes have no impact on plant to be planned which will reduce the a new or different kind of accident from safety. shutdown risk. Therefore, the proposed amendment does The proposed administrative, editorial, and any accident previously evaluated; or not involve a significant increase in the (3) involve a significant reduction in a format changes have no impact on plant probability or consequences of an accident safety. margin of safety. As required by 10 CFR previously evaluated. Therefore, the proposed amendment does 2. Does the change create the possibility of 50.91(a), the licensee has provided its not involve a significant reduction in a a new or different kind of accident from any analysis of the issue of no significant margin of safety. hazards consideration, which is accident previously evaluated? presented below: The proposed amendment does not involve The NRC staff has reviewed the any physical changes to the plant or the licensee’s analysis and, based on this 1. Does the change involve a significant modes of plant operation defined in the plant review, it appears that the three increase in the probability or consequences Technical Specifications. The proposed standards of 10 CFR 50.92(c) are of an accident previously evaluated? amendment does not involve the addition or satisfied. Therefore, the NRC staff The proposed amendment does not involve modification of plant equipment nor does it a significant increase in the probability of an alter the design or operation of any plant proposes to determine that the accident previously evaluated because no systems. No new accident scenarios, requested amendment involves no changes are being made to any event transient precursors, failure mechanisms, or significant hazards consideration. initiator. The proposed amendment involves limiting single failures are introduced as a The Commission is seeking public changes to accident mitigation system result of these changes. comments on this proposed surveillance requirements. No analyzed There are no changes in this amendment determination. Any comments received accident scenario is being revised. The that would cause the malfunction of safety- within 30 days after the date of initiating conditions and assumptions for related equipment assumed to be operable in publication of this notice will be accidents described in the Updated Final accident analyses. No new mode of failure considered in making any final Safety Analysis Report (UFSAR) remain as has been created and no new equipment previously analyzed. performance requirements are imposed. The determination. Certain safety related components can be proposed amendment has no effect on any Normally, the Commission will not tested only during plant shutdown in order previously evaluated accident. issue the amendment until the to avoid a plant transient during power This license amendment request does not expiration of the 30-day notice period. operation. The 18-month surveillances alter the surveillance type or frequency of the However, should circumstances change associated with this license amendment affected 18 month surveillance requirements during the notice period such that request also involve testing of components for the ECCS, Containment Depressurization failure to act in a timely way would (e.g., relays) that are coupled with safety and Cooling System, Chemical Addition result, for example, in derating or related systems and components which System, and Containment Isolation Valves. shutdown of the facility, the interface with core cooling systems used The license amendment request only during shutdown conditions. Performance of proposes the removal of the requirement to Commission may issue the license this testing during shutdown conditions perform the associated surveillances during amendment before the expiration of the increases the shutdown risk. Elimination of shutdown conditions. Elimination of the 30-day notice period, provided that its the requirement to test associated requirement to test associated components final determination is that the components during shutdown conditions during shutdown conditions will minimize amendment involves no significant will minimize overall plant risk by allowing overall plant risk by allowing credit for hazards consideration. The final credit for components that are tested at components that tested at power when the determination will consider all public power when the testing is consistent with testing is consistent with safe operation of and State comments received. Should safe operation of the plant. Other the plant. surveillance testing on the identified systems Therefore, the proposed amendment will the Commission take this action, it will and components is already required to be not create the possibility of a new or different publish in the Federal Register a notice performed periodically at power which kind of accident from any accident of issuance and provide for opportunity duplicates a portion of the identified 18- previously evaluated. for a hearing after issuance. The
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Commission expects that the need to nature and extent of the petitioner’s significant hazards consideration, the take this action will occur very property, financial, or other interest in Commission may issue the amendment infrequently. the proceeding; and (3) the possible and make it immediately effective, Written comments may be submitted effect of any order which may be notwithstanding the request for a by mail to the Chief, Rules and entered in the proceeding on the hearing. Any hearing held would take Directives Branch, Division of petitioner’s interest. The petition should place after issuance of the amendment. Administrative Services, Office of also identify the specific aspect(s) of the Administration, U.S. Nuclear Regulatory subject matter of the proceeding as to If the final determination is that the Commission, Washington, DC 20555– which petitioner wishes to intervene. amendment request involves a 0001, and should cite the publication Any person who has filed a petition for significant hazards consideration, any date and page number of this Federal leave to intervene or who has been hearing held would take place before Register notice. Written comments may admitted as a party may amend the the issuance of any amendment. also be delivered to Room 6D59, Two petition without requesting leave of the A request for a hearing or a petition White Flint North, 11545 Rockville Board up to 15 days prior to the first for leave to intervene must be filed with Pike, Rockville, Maryland, from 7:30 prehearing conference scheduled in the the Secretary of the Commission, U.S. a.m. to 4:15 p.m. Federal workdays. proceeding, but such an amended Nuclear Regulatory Commission, Copies of written comments received petition must satisfy the specificity Washington, DC 20555–0001, Attention: may be examined at the NRC Public requirements described above. Rulemakings and Adjudications Staff, or Document Room, the Gelman Building, Not later than 15 days prior to the first may be delivered to the Commission’s 2120 L Street, NW., Washington, DC. prehearing conference scheduled in the The filing of requests for hearing and proceeding, a petitioner shall file a Public Document Room, the Gelman petitions for leave to intervene is supplement to the petition to intervene Building, 2120 L Street, NW., discussed below. which must include a list of the Washington, DC, by the above date. A By October 12, 2000 the licensee may contentions which are sought to be copy of the petition should also be sent file a request for a hearing with respect litigated in the matter. Each contention to the Office of the General Counsel, to issuance of the amendment to the must consist of a specific statement of U.S. Nuclear Regulatory Commission, subject facility operating license and the issue of law or fact to be raised or Washington, DC 20555–0001, and to any person whose interest may be controverted. In addition, the petitioner Mary O’Reilly, FirstEnergy Nuclear affected by this proceeding and who shall provide a brief explanation of the Operating Company, First Energy wishes to participate as a party in the bases of the contention and a concise Corporation, 76 South Main Street, proceeding must file a written request statement of the alleged facts or expert Akron, OH 44308, attorney for the for a hearing and a petition for leave to opinion which support the contention licensee. intervene. Requests for a hearing and a and on which the petitioner intends to Nontimely filings of petitions for petition for leave to intervene shall be rely in proving the contention at the leave to intervene, amended petitions, filed in accordance with the hearing. The petitioner must also supplemental petitions and/or requests Commission’s ‘‘Rules of Practice for provide references to those specific Domestic Licensing Proceedings’’ in 10 sources and documents of which the for hearing will not be entertained CFR Part 2. Interested persons should petitioner is aware and on which the absent a determination by the consult a current copy of 10 CFR 2.714 petitioner intends to rely to establish Commission, the presiding officer or the which is available at the Commission’s those facts or expert opinion. Petitioner presiding Atomic Safety and Licensing Public Document Room, the Gelman must provide sufficient information to Board that the petition and/or request Building, 2120 L Street, NW., show that a genuine dispute exists with should be granted based upon a Washington, DC, and accessible the applicant on a material issue of law balancing of the factors specified in 10 electronically through the ADAMS or fact. Contentions shall be limited to CFR 2.714(a)(1)(i)–(v) and 2.714(d). Public Electronic Reading Room link at matters within the scope of the For further details with respect to this the NRC Web site (http://www.nrc.gov). amendment under consideration. The action, see the application for If a request for a hearing or petition for contention must be one which, if amendment dated September 1, 2000, leave to intervene is filed by the above proven, would entitle the petitioner to which is available for public inspection date, the Commission or an Atomic relief. A petitioner who fails to file such at the Commission’s Public Document Safety and Licensing Board, designated a supplement which satisfies these Room, the Gelman Building, 2120 L by the Commission or by the Chairman requirements with respect to at least one of the Atomic Safety and Licensing contention will not be permitted to Street, NW., Washington, DC, and Board Panel, will rule on the request participate as a party. accessible electronically through the and/or petition; and the Secretary or the Those permitted to intervene become ADAMS Public Electronic Reading designated Atomic Safety and Licensing parties to the proceeding, subject to any Room link at the NRC Web site (http:/ Board will issue a notice of hearing or limitations in the order granting leave to /www.nrc.gov). an appropriate order. intervene, and have the opportunity to Dated at Rockville, Maryland, this 6th day As required by 10 CFR 2.714, a participate fully in the conduct of the of September 2000. petition for leave to intervene shall set hearing, including the opportunity to For the Nuclear Regulatory Commission. forth with particularity the interest of present evidence and cross-examine Peter S. Tam, the petitioner in the proceeding, and witnesses. how that interest may be affected by the If a hearing is requested, the Senior Project Manager, Section 1, Project results of the proceeding. The petition Commission will make a final Directorate I, Division of Licensing Project should specifically explain the reasons determination on the issue of no Management, Office of Nuclear Reactor why intervention should be permitted significant hazards consideration. The Regulation with particular reference to the final determination will serve to decide [FR Doc. 00–23358 Filed 9–11–00; 8:45 am] following factors: (1) the nature of the when the hearing is held. BILLING CODE 7590±01±P petitioner’s right under the Act to be If the final determination is that the made party to the proceeding; (2) the amendment request involves no
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NUCLEAR REGULATORY were evaluated in the Final from the pool to permit installation of COMMISSION Environmental Statement (FES) dated the new rack modules. The old racks May 1973. The proposed changes to the will be washed down in preparation for [Docket No. 50±302] SFP will not involve any change in the packaging and shipment. Shipping Florida Power Corporation; Crystal waste treatment systems described in containers and procedures will conform River Unit 3; Environmental the FES. to Federal regulations as specified in 10 CFR Part 71, ‘‘Packaging and Assessment and Finding of No Gaseous Radioactive Wastes Significant Impact Transportation of Radioactive Material,’’ The storage of additional spent fuel and to the requirements of any state The U.S. Nuclear Regulatory assemblies in the pool is not expected through which the shipment may pass, Commission (NRC) is considering to affect the releases of radioactive gases as set forth by the state’s department of issuance of an amendment to Facility from the spent fuel pool. Gaseous transportation. Operating License No. DPR–72 issued to fission products such as Krypton-85 and Liquid Radioactive Wastes Florida Power Corporation (FPC or the Iodine-131 are produced by the fuel in licensee), for operation of Crystal River the core during reactor operation. A The release of radioactive liquids will Unit 3 (CR–3) located in Citrus County, small percentage of these fission gases not be affected directly as a result of the Florida. can be released to the reactor coolant SFP modifications. The SFP ion from the small number of fuel exchanger resins remove soluble Environmental Assessment assemblies that are expected to develop radioactive materials from the pool Identification of the Proposed Action leaks during reactor operation. During water. When the resins are replaced, the refueling operations, some of these small amount of resin sluice water that The proposed action would increase fission products would then enter the is released is processed by the radwaste the number of fuel assemblies that can pools and be subsequently released into systems. As previously stated, the be stored in the CR–3 spent fuel pools the air. At CR–3, there has been no frequency of resin replacement may (SFPs) from 1357 fuel assemblies to measured Krypton-85 release from the increase slightly during the installation 1474 fuel assemblies, an increase of fuel building ventilation system for the of the new racks. However, the increase approximately 8 percent, and change 2 years preceding the September 16, in the amount of radioactive liquid the configuration of fresh fuel storage in 1999, submittal. Since the frequency of released to the environment as a result spent fuel pool A. In addition, the new refueling (and, therefore, the number of of the proposed SFP expansion is spent fuel storage racks will use Boral freshly offloaded spent fuel assemblies expected to be negligible. as the neutron absorber material, stored in the pools at any one time) will replacing the present neutron absorber not increase, there will be no increase Occupational Dose Consideration material, Boraflex, which is continuing in the amounts of these types of fission Radiation protection personnel at CR– to degrade. products released to the atmosphere as 3 will monitor the doses to the workers The proposed action is in accordance a result of the increased pool fuel during the SFP expansion operations. with the licensee’s application for storage capacity. The total occupational dose to plant amendment dated September 16, 1999, The increased heat load on the pool workers as a result of the SFP reracking as supplemented by letters dated May 3 from the storage of additional spent fuel operations is estimated to be and June 29, 2000. assemblies was determined by the approximately 3 person-rem, which The Need for the Proposed Action licensee to be insignificant, and includes estimates of person-rem therefore there would be no significant The currently available storage exposures associated with washdown increase in the pools’ evaporation rate. capacity for spent fuel at CR–3, allowing and preparation of the existing racks for Therefore, no increase in the amount of for the required reserve capacity to shipping. No diving operations are gaseous tritium released from the pool accommodate a full core offload, is planned for the actual rack replacement is expected. The overall release of projected to be exceeded in the year operation. The dose estimate is radioactive gases from CR–3 will remain 2013. The CR–3 operating license has an comparable to doses for similar SFP a small fraction of the limits of 10 CFR expiration date of December 3, 2016. modifications performed at other 20.1301. Thus, the additional 117 locations for nuclear plants. The SFP rack storage of fuel assemblies are necessary Solid Radioactive Wastes installations will follow detailed to provide adequate spent fuel storage procedures prepared with full Spent resins are generated by the consideration of as low as reasonably capacity for the remainder of the CR–3 processing of SFP water through the operating license. In addition, the achievable (ALARA) principles. pools’ purification system. These spent On the basis of its review of the existing racks utilize Boraflex as the resins are disposed of as solid licensee’s proposal, the NRC staff neutron absorber material. The new radioactive waste. Resin replacement is concludes that the CR–3 SFP reracking spent fuel storage racks utilize Boral as determined primarily by the operations can be performed in a the neutron absorber material, which requirement for water clarity and is manner that will ensure that doses to will minimize the water clarity normally done approximately once per workers will be maintained ALARA. problems associated with use of year. No significant increase in the The estimated dose of 3 person-rem to Boraflex. volume of solid radioactive waste is perform the proposed SFP reracking Environmental Impacts of the Proposed expected with the expanded storage operations is a small fraction of the Action capacity. During reracking operations, annual collective dose accrued at CR–3. small amounts of additional waste resin Radioactive Waste Treatment may be generated by the pools’ cleanup Accident Considerations CR–3 uses waste treatment systems systems on a one-time basis. Additional A fuel handling accident outside the designed to collect and process gaseous, solid radwaste will consist of the old reactor building at CR–3 is postulated as liquid, and solid waste that might spent fuel rack modules themselves, as the dropping of a fuel assembly into the contain radioactive material. These well as any interferences of pool SFP, resulting in damage to all 208 fuel radioactive waste treatment systems hardware that may have to be removed pins in the dropped fuel assembly. The
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The revised Heat System, the Demineralized Water fuel storage configuration does not affect Supply System, and temporary fire Reprocessing of spent fuel from CR– the construction or fuel enrichment of hoses. Based on the isolation valves 3 is not a viable alternative since there individual fuel assemblies. Therefore, being maintained closed, the negligible are no operating commercial the probability or consequences of a fuel leakage rate through the concrete, and reprocessing facilities in the United handling accident is not increased. the various sources of make-up, the States. Therefore, spent fuel would have The licensee evaluated spent fuel make-up capability exceeds any leakage to be shipped to an overseas facility for drop accidents onto the spent fuel racks, resulting from a rack drop. Uncovery of reprocessing. However, this approach assuming three different orientations, the fuel stored in the SFP B is has never been used and it would and the dropping of a rack onto the precluded, and, therefore, there is no require approval by the Department of spent fuel pool floor. The three increase in consequences as a result of State as well as other entities. Therefore, orientations for the fuel assembly drops a rack drop onto the SFP floor. shipping fuel to a reprocessing facility were; (1) Drop of a fuel assembly onto The change in fresh fuel storage is not a viable option. the top of a rack with the assembly in configuration in SFP A will result in the Reduction of Spent Fuel Generation a vertical position, (2) drop of a fuel effective neutron multiplication factor assembly onto the top of a rack with the remaining well below 0.95. Therefore, Operation at a reduced power level assembly in an inclined position, and there is no reduction in the margin to would decrease the amount of fuel being (3) drop of a fuel assembly through an criticality as a result of the change in stored in the pool and thus increase the empty rack cell to the bottom of the fresh fuel storage configuration in SFP amount of time before full core off-load rack. In each case, the rack structure A, and no increase in the probability of capacity is lost. However, operating the retained the functional capability to an inadvertent criticality. plant at a reduced power level would maintain the fuel in a non-critical state. The Commission has completed its not make effective use of available For orientation 3, the drop to the bottom evaluation of the proposed action and resources, and the generation of of the empty rack cell did not result in concludes that the proposed action will replacement power would also result in penetration of the pool liner. not increase the probability or environmental impacts. Therefore, An analysis was performed to consequences of accidents, no changes reducing the amount of spent fuel determine the consequences of a rack are being made in the amount or types generated by reducing power would not drop into SFP B (racks will not be of any effluents that may be released off result in a significant improvement in moved over SFP A). The heaviest load site, and there is no significant increase environmental impacts and is not to be lifted as part of the rack in occupational or public radiation considered a practical alternative. replacement project is a rack currently exposure. Therefore, there are no in SFP B with a weight of 17,715 Transshipment of the Fuel Offsite to significant radiological environmental Another FPC Site pounds. The combined weight of this impacts associated with the proposed rack and the lifting rig is less than action. CR–3 is the only nuclear unit of FPC. 20,000 pounds. The load drop analysis With regard to potential non- Therefore, transshipment of spent fuel was performed using a bounding load of radiological impacts, the proposed to another facility with FPC is not an 20,000 pounds, assumed to be dropped action does not involve any historical available option. from the highest lift point of 6 inches sites. It does not affect non-radiological Decommissioning above the spent fuel pool operating deck plant effluents and has no other Power generation from CR–3 is to the pool floor. environmental impact. Therefore, there The results of dropping a rack directly essential to meet the current growth rate are no significant non-radiological onto the SFP floor were the puncturing for energy demand in the State of environmental impacts associated with of the SFP liner and penetrating the 5- Florida. Additional replacement the proposed action. foot thick concrete floor slab below the capacity would be required if CR–3 Accordingly, the Commission liner to a depth of less than 6 inches. were to be retired early. Permanent concludes that there are no significant The seams between all sections of shutdown of CR–3 would result in loss environmental impacts associated with concrete are sealed and a waterproof of valuable power resources. The the proposed action. sealant applied to the inside surfaces of environmental impact would be similar the concrete. The floor and walls of the Alternatives to the Proposed Action to that for operation at a reduced power CR–3 SFP have a system of leak chases level. at the welded joints of the stainless steel Shipping Fuel to a Permanent Federal liner panels. The leak chase trenches Fuel Storage/Disposal Facility Alternatives Creating Additional collect liner leakage and drain by Shipment of spent fuel to a high-level Storage Capacity gravity to a leak test hopper/funnel. radioactive storage facility is an Dry cask storage is a method of Isolation valves are provided in each alternative to increasing the onsite spent transferring spent fuel, after storage in drain line from the leak chase trenches fuel storage capacity. However, the U.S. the pool for several years, to high- to the hopper. These valves will be Department of Energy’s (DOE’s) high- capacity casks with passive heat maintained closed during rack level radioactive waste repository is not dissipation features. Storage of fuel in a movements, thereby precluding expected to begin receiving spent fuel private Independent Spent Fuel Storage excessive leakage that might occur until approximately 2010, at the earliest. Installation (ISFSI) located away from following a load drop. The only non- To date, no location has been identified the CR–3 site is not available, since such isolable leakage from the SFP would be and an interim federal storage facility a facility has not been constructed by a slow migration of the water from the has yet to be identified in advance of a FPC or licensed by the NRC. An on-site
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ISFSI is a long-term solution for CR–3, Dated at Rockville, Maryland, this 5th day that there are no significant but cost and schedule considerations do of September 2000. environmental impacts associated with not allow this alternative to meet Richard P. Correia, the proposed action. The factors current needs at CR–3 for near term Chief, Section 2, Project Directorate II, considered in this determination are spent fuel storage needs. Division of Licensing Project Management, discussed below. Office of Nuclear Reactor Regulation. The alternative technology of Radioactive Wastes constructing an ISFSI that could create [FR Doc. 00–23357 Filed 9–11–00; 8:45 am] BILLING CODE 7590±01±P Oyster Creek uses waste treatment additional storage capacity involves systems designed to collect and process additional fuel handling with an gaseous, liquid, and solid waste that attendant opportunity for a fuel NUCLEAR REGULATORY might contain radioactive material. handling accident, involves higher COMMISSION These radioactive waste treatment cumulative dose to workers affecting the systems were evaluated in the Final fuel transfers, and would not result in [Docket No. 50±219] Environmental Statement (FES) dated a significant improvement in Amergen Energy Company, LLC; December 1974. The proposed SFP environmental impacts compared to the Oyster Creek Nuclear Generating expansion will not involve any change proposed reracking modifications. Station; Environmental Assessment in the waste treatment systems described in the FES. The No-Action Alternative and Finding of No Significant Impact Radioactive Material Released to the The U.S. Nuclear Regulatory The NRC staff also considered denial Atmosphere Commission (NRC) is considering of the proposed action (i.e., the ‘‘no- issuance of an amendment to Facility The storage of additional spent fuel action’’ alternative). Denial of the Operating License No. DPR–16, issued assemblies in the SFP is not expected to application would result in no to AmerGen Energy Company, LLC, (the affect the releases of radioactive gases significant change in current licensee), for operation of the Oyster from the SFP. Gaseous fission products environmental impacts. The Creek Nuclear Generating Station such as Krypton-85 and Iodine-131 are environmental impacts of the proposed (Oyster Creek), located in Lacey produced by the fuel in the core during action and the alternative actions are Township, Ocean County, New Jersey. reactor operation. A small percentage of similar. these fission gases are released to the Environmental Assessment reactor coolant from the small number Alternative Use of Resources Identification of the Proposed Action of fuel assemblies which are expected to develop leaks during reactor operation. This action does not involve the use The proposed action would revise the of any resources not previously Technical Specifications (TSs) to reflect During refueling operations, some of considered in the FES for CR–3. the installation of additional spent fuel these fission products enter the SFP and are subsequently released into the air. Agencies and Persons Contacted pool (SFP) storage racks. The additional new racks would provide 390 additional Since the frequency of refuelings (and spent fuel assembly storage locations. therefore the number of freshly off In accordance with its stated policy, loaded spent fuel assemblies stored in on August 7, 2000, the NRC staff The proposed action is in accordance with the licensee’s application for the SFP at any one time) will not consulted with William Passetti, Chief, increase, there will be no increase in the Department of Health, Bureau of amendment dated June 18, 1999, as supplemented on June 22 and December amounts of these types of fission Radiation Control, for the State Florida, products released to the atmosphere as regarding the environmental impact of 10, 1999, and February 10, and May 2, 2000. On the date of the application, a result of the increased SFP fuel storage the proposed action. The state official GPU Nuclear, Inc. (GPUN) was the capacity. had no comments. licensed operator for Oyster Creek. On The increased heat load on the SFP Finding of No Significant Impact August 8, 2000, GPUN’s ownership from the storage of additional spent fuel interest in Oyster Creek was transferred assemblies could potentially result in an On the basis of the environmental to AmerGen Energy Company, LLC increase in the SFP evaporation rate. assessment, the NRC concludes that the (AmerGen). By letter dated August 10, However, this increased evaporation proposed action will not have a 2000, AmerGen requested that the rate is not expected to result in an significant effect on the quality of the Nuclear Regulatory Commission increase in the amount of gaseous human environment. Accordingly, the continue to review and act upon all tritium released from the pool. The NRC has determined not to prepare an requests before the Commission, which overall release of radioactive gases from environmental impact statement for the had been submitted by GPUN. Oyster Creek will remain a small proposed action. fraction of the limits of 10 CFR 20.1301. The Need for the Proposed Action Criticality analyses were performed For further details with respect to the The proposed action is needed to with several assumptions which tend to proposed action, see the licensee’s letter provide for storage of spent fuel. The maximize the rack reactivity. For dated September 16, 1999, as underlying purpose of the expansion is example, it was assumed that the racks supplemented by letters dated May 3 to provide interim additional storage contain the most reactive fuel and June 29, 2000, which are available capacity for spent fuel to allow for authorized to be stored at Oyster Creek for public inspection at the continued operation of the plant until without any control rods or any Commission’s Public Document Room, additional methods of storing spent fuel uncontained burnable absorber and with The Gelman Building, 2120 L Street, have been established. the fuel at the burnup corresponding to NW., Washington, DC. Publicly the highest planar reactivity during its available records will be accessible Environmental Impacts of the Proposed burnup history. The criticality aspects electronically from the ADAMS Public Action of the proposed expansion of the spent Library Component on the NRC Web The NRC has completed its evaluation fuel storage racks are acceptable and site, http://www.nrc.gov. of the proposed action and concludes meet the requirements of General Design
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Criterion 62 for the prevention of dosimetry, and other work controls Alternatives to the Proposed Action criticality in fuel storage and handling. consistent with the intent of Regulatory Spent fuel pool expansion was found Therefore, there is no significant Guide 8.38, Appendix A guidance. The by the licensee to be the preferred increase in the probability or total occupational dose to plant workers option. An overview of the alternative consequences of accidents which could as a result of the SFP expansion technologies considered by the licensee include the release of radioactive operation is estimated to be between 1 is provided below. material. and 2 person-rem. This dose estimate is Rod Consolidation Solid Radioactive Wastes reasonable, given the limited work scope proposed, and is consistent with Rod consolidation has been shown to Spent resins are generated by the comparable doses for similar SFP processing of SFP water through the be a feasible technology. Rod modifications/operations performed at consolidation involves disassembly of SFP purification system at Oyster Creek. other plants. The upcoming SFP rack These spent resins are disposed of as spent fuel, followed by the storage of the installation will follow detailed fuel rods from two assemblies into the solid radioactive waste. The water procedures prepared with full turbulence caused by the SFP reracking volume of one and the disposal of the consideration of as low as is reasonably fuel assembly skeleton outside of the may result in some minor amounts of achievable (ALARA) principles. resuspension of particulate matter in the pool (this is considered a 2:1 SFP. This could result in a small, On the basis of our review of the compaction ratio). The rods are stored temporary increase in the resin change- licensee’s proposal, the staff concludes in a stainless steel can that has the outer up frequency of the SFP purification that the Oyster Creek Station SFP rack dimensions of a fuel assembly. The can system during the SFP reracking installation operation can be performed is stored in the spent fuel racks. The top operation. The licensee will use, as in a manner that will ensure that doses of the can has an end fixture that necessary, an underwater vacuum to to workers will be maintained ALARA. matches up with the spent fuel handling clean the floor of the SFP. Vacuuming The estimated collective dose to tool. This permits moving the cans in an of the SFP floor will remove any perform the proposed SFP racking easy fashion. extraneous debris and crud and ensure operation is a small fraction of the Rod consolidation pilot projects in the visual clarity in the SFP (to facilitate annual collective dose accrued at the past have consisted of underwater above-pool and diving operations, if facility. tooling that is manipulated by an overhead crane and operated by a necessary). Additional solid radwaste Accident Considerations will consist of any interferences that maintenance worker. This is a very slow may have to be removed from the SFP In its application, the licensee and repetitive process. to permit installation of the new SFP evaluated the possible consequences of The industry experience with rod rack modules. Other than the radwaste a fuel handling accident to determine consolidation has been mixed thus far. generated during the actual new rack the thyroid and whole-body doses at the The principal advantages of this installation operation, the staff does not Exclusion Area Boundary, Low technology are the ability to modularize, expect that the additional fuel storage Population Zone, and Control Room. compatibility with Department of made possible by the increased SFP The proposed SFP rack installation at Energy (DOE) waste management storage capacity will result in a Oyster Creek will not affect any of the system, moderate cost, no need of significant change in the generation of assumptions or inputs used in additional land, and no additional solid radwaste at the facility. evaluating the dose consequences of a required surveillance. The fuel handling accident and therefore disadvantages are the release of fission Liquid Radioactive Wastes will not result in an increase in the gases from rod breakage, the potential The release of radioactive liquids will doses from a postulated fuel handling for increased fuel cladding corrosion not be affected directly as a result of the accident. from scraping of the protective oxide SFP modifications. The SFP ion The proposed action will not layer, the potential interference of the exchanger resins remove soluble and significantly increase the probability or (prolonged) consolidation activity with particulate radioactive materials from consequences of accidents, no changes ongoing plant operation, the increased the SFP water. When the resins are are being made in the types of any dead weight and floor loading, and the changed out, the small amount of resin effluents that may be released off site, lack of sufficient industry experience. sluice water which is released is and there is no significant increase in On-Site Cask Storage processed by the radwaste system. As occupational or public radiation Dry cask storage is a method of storing stated above, the frequency of resin exposure. Therefore, there are no spent nuclear fuel in a high capacity change-up may increase only slightly significant radiological environmental container. The cask provides radiation during the installation of the new racks. impacts associated with the proposed shielding and passive heat dissipation. However, the amount of liquid action. radioactive material released to the Typical capacities for boiling-water With regard to potential environment as a result of the proposed reactor fuel range from 44 to 68 nonradiological impacts, the proposed SFP expansion is expected to be assemblies that have been removed from action does not involve any historic negligible. the reactor for at least 5 years. The sites. It does not affect nonradiological casks, once loaded, are then stored Radiological Impact Assessment plant effluents and has no other outdoors on a seismically qualified Radiation Protection personnel will environmental impact. Therefore, there concrete pad. The pad will have to be monitor the doses to the workers during are no significant nonradiological located away from the secured boundary the SFP expansion operation, and all environmental impacts associated with of the site because of site limitations. work will be in accordance with the proposed action. The storage location will be required to radiation work permits. If divers are Accordingly, the Commission have a high level of security that used for the SFP racking operation, the concludes that there are no significant includes frequent tours, reliable licensee will provide procedures which environmental impacts associated with lighting, intruder detection, and will specify required survey, personal the proposed action. continuous visual monitoring.
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The casks, as presently licensed, are security requires it to have its own until approximately 2010, at the earliest. limited to 20-year storage service life. video surveillance system, intrusion In October 1996, the Administration did Once the 20 years has expired the cask detection, and an autonomous power commit DOE to begin storing wastes at manufacturer or the utility must source. a centralized location by January 31, recertify the cask or the utility must Some other concerns relating to the 1998. However, no location has been remove the spent fuel from the vault storage system are the inevitable identified and an interim federal storage container. In the interim, the U.S. DOE ‘‘repackaging’’ for shipment to the DOE facility has yet to be identified in has embraced the concept of multi- repository, the responsibility to advance of a decision on a permanent purpose canister (MPC), obsolescing all eventually decommission the new repository. Therefore, shipping spent existing licensed cask designs. Work is facility, the large ‘‘footprint’’ (land fuel to the DOE repository is not also continuing by several companies to consumption), the potential fuel considered an alternative to increased provide an MPC system that will be handling accidents, the potential fuel/ onsite spent fuel storage capacity at this capable of long-term storage, transport, clad rupture due to high temperatures, time. and final disposal in a repository. For and the high cost. example, the plant must provide for a At the present time, no MPC Shipment of Fuel to a Reprocessing decontamination facility where the technology based vault system has been Facility outgoing cask can be decontaminated licensed for fuel transport. The high cost Reprocessing of spent fuel from for release. There are several plant and uncertainty make this option less Oyster Creek is not a viable alternative modifications required to support cask prudent. since there are no operating commercial use. Tap-ins must be made to the reprocessing facilities in the United gaseous waste system and chilled water Horizontal Silo Storage States. Therefore, spent fuel would have to support vacuum drying of the spent A variation of the horizontal vault to be shipped to an overseas facility for fuel and piping must be installed to storage technology is more aptly reprocessing. However, this approach return cask water back to the spent fuel referred to as ‘‘horizontal silo’’ storage. has never been used and it would pool/cask pit. A seismic concrete pad This technology suffers from the same require approval by the Department of must be made to store the loaded casks. drawbacks that other dry cask State as well as other entities. The This pad must have a security fence, technologies have, namely: shipment of spent fuel to a reprocessing surveillance protection, emergency a. No fuel with cladding defects can facility is not an acceptable alternative power, and video surveillance. Finally, be placed in the silo. because of increased fuel handling risks facilities must be provided to vacuum b. Concern regarding long-term and additional occupational exposure. dry the cask, back fill it with helium, integrity of the fuel at elevated perform leak checks, remachine the temperatures. Shipment of Fuel to Another Utility or gasket surfaces if leaks persist, and c. Potential for eventual repackaging Site for Storage assemble the cask on-site. Presently, no at the site. The shipment of fuel to another utility MPC cask had been licensed. Because of d. Potential for fuel handling for storage would provide short-term the continued uncertainty in the accidents. relief from the storage problem at Oyster government’s policy, the licensee stated e. Relatively high cumulative dose to Creek. The Nuclear Waste Policy Act that the capital investment to use a dry personnel in effecting fuel transfer and 10 CFR Part 53, however, clearly storage system is considered to be an (compared to reracking). place the responsibility for the interim inferior alternative for Oyster Creek at f. Compatibility of reactor/fuel storage of spent fuel with each owner or this time. building handling crane with fuel operator of a nuclear plant. The transfer hardware. Modular Vault Dry Storage shipment of fuel to another source is not g. Potential incompatibility with DOE an acceptable alternative because of Vault storage consists of storing spent shipment for eventual off-site shipment. increased fuel handling risks and fuel in shielded stainless steel cylinders h. Potential for sabotage. additional occupational radiation in a horizontal configuration in a New Fuel Pool exposure, as well as the fact that no reinforced concrete vault. The concrete additional storage capacity would be vault provides radiation shielding and Constructing and licensing a new fuel created. missile protection. It must be designed pool is not a practical alternative for to withstand the postulated seismic Oyster Creek because such an effort may Reduction of Spent Fuel Generation loadings for the site. take up to 10 years. Moreover, the cost Operation at a reduced power level A transfer cask is needed to deliver of this option is prohibitively high. would decrease the amount of fuel being the storage canisters from the fuel pool. As a result, the licensee concluded stored in the pool and thus increase the The plant must provide for a that none of the alternative technologies amount of time before full core off-load decontamination bay to decontaminate that could create additional spent fuel capacity is lost. However, operating the the transfer cask and connection to its storage capacity at Oyster Creek could plant at a reduced power level would gaseous waste system and chilled water do so with less environmental impact not make effective use of available systems. A collection and delivery than the impacts associated with the resources. Therefore, reducing the system must be installed to return the preferred alternative. amount of spent fuel generated by pool water entrained in the canisters Shipment of Fuel to a Permanent reducing power is not considered a back to the fuel pool. Provisions for Federal Fuel Storage/Disposal Facility practical alternative. canister drying, helium injection, handling and automatic welding are Shipment of spent fuel to a high-level The No-Action Alternative also necessary. radioactive storage facility is an As an alternative to the proposed The storage area must be designed to alternative to increasing the onsite spent action, the NRC staff considered denial have a high level of security. Due to the fuel storage capacity. However, the U.S. of the proposed action (i.e., the ‘‘no- required space, the vault secured area Department of Energy’s (DOE’s) high- action’’ alternative). must be located outside the secured level radioactive waste repository is not Denial of the application would result perimeter. Consideration of safety and expected to begin receiving spent fuel in no change in current environmental
VerDate 112000 16:45 Sep 11, 2000 Jkt 190000 PO 00000 Frm 00075 Fmt 4703 Sfmt 4703 E:\FR\FM\12SEN1.SGM pfrm01 PsN: 12SEN1 55064 Federal Register / Vol. 65, No. 177 / Tuesday, September 12, 2000 / Notices impacts. The environmental impacts of for implementing specific parts of the the U.S. Nuclear Regulatory the proposed action and the alternative NRC’s regulations, techniques used by Commission, Washington, DC 20555, action are similar. the staff in evaluating specific problems Attention: Reproduction and or postulated accidents, and data Distribution Services Section; or by fax Alternative Use of Resources needed by the staff in its review of to (301) 415–2289, or by e-mail to This action does not involve the use applications for permits and licenses. . of any resources not previously The draft guide, temporarily Telephone requests cannot be considered in the Final Environmental identified by its task number, DG–1100 accommodated. Regulatory guides are Statement for Oyster Creek. (which should be mentioned in all not copyrighted, and Commission correspondence concerning this draft approval is not required to reproduce Agencies and Persons Consulted guide), is titled ‘‘Design Guidance for them. (5 U.S.C. 552(a)) In accordance with its stated policy, Radioactive Waste Management Dated at Rockville, Maryland, this 31st day on July 17, 2000, the NRC staff Systems, Structures, and Components of August 2000. consulted with the New Jersey State Installed in Light-Water-Cooled Nuclear For the Nuclear Regulatory Commission. official, Mr. Richard Pinney, of the State Power Plants.’’ This guide is being Michael E. Mayfield, of New Jersey Department of developed to propose guidance on Environmental Protection, regarding the Director, Division of Engineering Technology, methods acceptable to the NRC staff for Office of Nuclear Regulatory Research. environmental impact of the proposed complying with the NRC’s regulations action. The State official had no on the design, construction, installation, [FR Doc. 00–23247 Filed 9–11–00; 8:45 am] comments. and testing of radioactive waste BILLING CODE 7590±01±P management facilities, and the Finding of No Significant Impact structures, systems, and components in NUCLEAR REGULATORY On the basis of the environmental light-water-reactor nuclear power COMMISSION assessment, the NRC concludes that the plants. proposed action will not have a This draft guide has not received Draft Regulatory Guide; Issuance, significant effect on the quality of the complete staff approval and does not Availability human environment. Accordingly, the represent an official NRC staff position. NRC has determined not to prepare an Comments may be accompanied by The Nuclear Regulatory Commission environmental impact statement for the relevant information or supporting data. has issued for public comment a proposed action. Written comments may be submitted to proposed revision of a guide in its For further details with respect to the the Rules and Directives Branch, Office Regulatory Guide Series. This series has proposed action, see the licensee’s letter of Administration, U.S. Nuclear been developed to describe and make dated June 18, 1999, as supplemented Regulatory Commission, Washington, available to the public such information on June 22 and December 10, 1999, and DC 20555. Copies of comments received as methods acceptable to the NRC staff February 10, and May 2, 2000, which may be examined at the NRC Public for implementing specific parts of the are available for public inspection at the Document Room, 2120 L Street NW., NRC’s regulations, techniques used by Commission’s Public Document Room, Washington, DC. Comments will be the staff in evaluating specific problems The Gelman Building, 2120 L Street, most helpful if received by November or postulated accidents, and data NW., Washington, DC. Publicly 20, 2000. needed by the staff in its review of available records will be accessible You may also provide comments via applications for permits and licenses. electronically from the ADAMS Public the NRC’s interactive rulemaking The draft guide, temporarily Library component on the NRC Web website through the NRC home page identified by its task number, DG–1098 site, http:\\www.nrc.gov (the Electronic (http://www.nrc.gov). This site provides (which should be mentioned in all Reading Room). the availability to upload comments as correspondence concerning this draft files (any format), if your web browser guide), is titled ‘‘Safety-Related Dated at Rockville, Maryland, this 5th day supports that function. For information Concrete Structures for Nuclear Power of September, 2000. about the interactive rulemaking Plants (Other than Reactor Vessels and For the Nuclear Regulatory Commission. website, contact Ms. Carol Gallagher, Containments.)’’ This guide is being Helen N. Pastis, (301) 415–5905; e-mail [email protected]. revised to propose guidance on methods Senior Project Manager, Section 1, Project For information about the draft guide acceptable to the NRC staff for Directorate I, Division of Licensing Project and the related documents, contact Mr. complying with the NRC’s regulations Management, Office of Nuclear Reactor H. Graves at (301) 415–5880; e-mail on the design, evaluation, and quality Regulation. [email protected]. assurance of safety-related nuclear [FR Doc. 00–23359 Filed 9–11–00; 8:45 am] Although a time limit is given for concrete structures, excluding concrete BILLING CODE 7590±01±P comments on this draft guide, reactor vessels and concrete comments and suggestions in containments. connection with items for inclusion in This draft guide has not received NUCLEAR REGULATORY guides currently being developed or complete staff approval and does not COMMISSION improvements in all published guides represent an official NRC staff position. Draft Regulatory Guide; Issuance, are encouraged at any time. Comments may be accompanied by Availability Regulatory guides are available for relevant information or supporting data. inspection at the Commission’s Public Written comments may be submitted to The Nuclear Regulatory Commission Document Room, 2120 L Street NW., the Rules and Directives Branch, Office has issued for public comment a draft of Washington, DC. Requests for single of Administration, U.S. Nuclear a proposed guide in its Regulatory copies of draft or final guides (which Regulatory Commission, Washington, Guide Series. This series has been may be reproduced) or for placement on DC 20555. Copies of comments received developed to describe and make an automatic distribution list for single may be examined at the NRC Public available to the public such information copies of future draft guides in specific Document Room, 2120 L Street NW., as methods acceptable to the NRC staff divisions should be made in writing to Washington, DC. Comments will be
VerDate 112000 16:45 Sep 11, 2000 Jkt 190000 PO 00000 Frm 00076 Fmt 4703 Sfmt 4703 E:\FR\FM\12SEN1.SGM pfrm01 PsN: 12SEN1 Federal Register / Vol. 65, No. 177 / Tuesday, September 12, 2000 / Notices 55065 most helpful if received by November Information and Regulatory Affairs SUMMARY: In accordance with the 20, 2000. (OIRA) for review under provisions of Paperwork Reduction Act of 1995 You may also provide comments via the Paperwork Reduction Act of 1995 (Public Law 104–13) and 5 CFR the NRC’s interactive rulemaking (Pub. L. 104–13). The form (SF–LLL) is 1320.5(a)(I)(iv) this notice announces website through the NRC home page required by 31 U.S.C. 1352. No that OPM intends to submit to the Office (http://www.nrc.gov). This site provides comments were received in response to of Management and Budget (OMB) a the availability to upload comments as OMB’s earlier Federal Register notice request for clearance of a revised files (any format), if your web browser (June 19, 2000, 65 FR 38005). OMB is information collection. The Mail supports that function. For information not proposing any changes to the SF– Reinterview Form, IS–10, a two sided about the interactive rulemaking LLL. form, is completed by individuals who website, contact Ms. Carol Gallagher, DATES: have been interviewed by a contract (301) 415–5905; e-mail [email protected]. Submit comments on or before October 12, 2000. Investigator during the course of a For information about the draft guide personnel investigation. The front of the and the related documents, contact Mr. ADDRESSES: Comments should be form is a letter requesting the sender to H. Graves at (301) 415–5880; e-mail addressed to: Ed Springer, Desk Officer, respond to the questions on the back of [email protected]. OIRA, OMB, 725 17th Street NW, Room the form. Used as a quality assurance Although a time limit is given for 10236, New Executive Office Building, instrument, the questions on the back of comments on this draft guide, Washington, DC 20503. Comments may the form ask questions regarding the comments and suggestions in be submitted via E-mail performance of the investigator. connection with items for inclusion in ([email protected]), but must be The letter and questionnaire portions guides currently being developed or made in the text of the message and not have been reworded to comply with improvements in all published guides as an attachment. ‘‘plain language’’ precepts. We have are encouraged at any time. FOR FURTHER INFORMATION CONTACT: F. eliminated obsolete and extraneous Regulatory guides are available for James Charney, Office of Federal language in the letter. The reinterview inspection at the Commission’s Public Financial Management, OMB, (202) questions on the back of the form have Document Room, 2120 L Street NW., 395–3993. The SF–LLL can be been revised and reduced to make it Washington, DC. Requests for single downloaded from OMB’s home page clearer. The form number has been copies of draft or final guides (which (http://www.whitehouse.gov/omb), revised to comply with the may be reproduced) or for placement on under the heading ‘‘Grants Investigations Service reorganization. an automatic distribution list for single Management.’’ We estimate that 600 individuals will copies of future draft guides in specific SUPPLEMENTARY INFORMATION: respond annually, each response divisions should be made in writing to requiring approximately 6 minutes to the U.S. Nuclear Regulatory OMB Control No.: 0348–0046. Title: Disclosure of Lobbying complete, for a total burden of 60 hours. Commission, Washington, DC 20555, This submission represents a change in Attention: Reproduction and Activities. Form No: SF–LLL. number of respondents. Distribution Services Section; or by fax For copies of this proposal contact to (301) 415–2289, or by e-mail to Type of Review: Reinstatement, without change, of a previously Mary Beth Smith-Toomey at (202) 606– . 8358 or fax (202) 418–3251 or by e-mail Telephone requests cannot be approved collection for which approval has expired. to [email protected]. accommodated. Regulatory guides are DATES: Comments on this proposal not copyrighted, and Commission Respondents: States, Local Governments, Non-Profit organizations. should be received on or before approval is not required to reproduce November 13, 2000. them. (5 U.S.C. 552(a)) Number of Responses: 300. Estimated Time Per Response: 10 ADDRESSES: Send or deliver written Dated at Rockville, Maryland, this 1st day minutes. comments to: Richard A. Ferris, of September 2000. Needs and Uses: The SF–LLL is the Associate Director, Investigations For the Nuclear Regulatory Commission. standard disclosure reporting form for Service, U.S. Office of Personnel Michael E. Mayfield, lobbying paid for with non-Federal Management, Room 5416, 1900 E. Street Director, Division of Engineering Technology, funds, as required by the Byrd NW. Washington, DC 20415–4000. Office of Nuclear Regulatory Research. Amendment, as amended by the FOR FURTHER INFORMATION CONTACT: [FR Doc. 00–23248 Filed 9–11–00; 8:45 am] Lobbying Disclosure Act of 1995. Rasheedah I. Ahmad, Program Analyst, BILLING CODE 7590±01±P Issued in Washington, DC. (202) 606–7983 or FAX (202) 606–2390. Joshua Gotbaum, U.S. Office of Personnel Management. Janice R. Lachance, OFFICE OF MANAGEMENT AND Controller. Director. BUDGET [FR Doc. 00–23279 Filed 9–11–00; 8:45 am] BILLING CODE 3110±01±P [FR Doc. 00–23277 Filed 9–11–00; 8:45 am] Agency Information Collection Under BILLING CODE 6325±01±P Review by the Office of Management and Budget OFFICE OF PERSONNEL MANAGEMENT RAILROAD RETIREMENT BOARD AGENCY: Office of Management and Budget, Executive Office of the Reinstatement, Without Change of a Agency Forms Submitted for OMB President. Previously Approved Collection For Review ACTION: Notice of submission for OMB Which Approval Has Expired; IS±10 review, Comment request. SUMMARY: In accordance with the AGENCY: U.S. Office of Personnel Paperwork Reduction Act of 1995 (44 SUMMARY: The Office of Management Management. U.S.C. Chapter 35), the Railroad and Budget (OMB) has submitted an Retirement Board (RRB) has submitted ACTION: Notice. information collection to the Office of the following proposal(s) for the
VerDate 112000 16:45 Sep 11, 2000 Jkt 190000 PO 00000 Frm 00077 Fmt 4703 Sfmt 4703 E:\FR\FM\12SEN1.SGM pfrm01 PsN: 12SEN1 55066 Federal Register / Vol. 65, No. 177 / Tuesday, September 12, 2000 / Notices collection of information to the Office of beginning October 1, 2000, shall be at ADDRESSES: Secretary, SEC, 450 Fifth Management and Budget for review and the rate of 261⁄2 cents. Street, N.W., Washington, D.C. 20549– approval. In accordance with directions in 0609. Applicant, c/o Thomas P. Holden, Section 15(a) of the Railroad Retirement Motorola, Inc. 425 North Martingale Summary of Proposal(s) Act of 1974, the Railroad Retirement Road, Schaumburg, IL 60173. (1) Collection title: Statement of Board has determined that for the FOR FURTHER INFORMATION CONTACT: Claimant or Other Person. quarter beginning October 1, 2000, 38.3 Marilyn Mann, Senior Counsel, at (202) (2) Form(s) submitted: G–93. percent of the taxes collected under 942–0582, or Mary Kay Frech, Branch (3) OMB Number: 3220–0183. Sections 3211(b) and 3221(c) of the Chief, at (202) 942–0564, (Division of (4) Expiration date of current OMB Railroad Retirement Tax Act shall be Investment Management, Office of clearance: 11/30/2000. credited to the Railroad Retirement Investment Company Regulation). (5) Type of request: Extension of a Account and 61.7 percent of the taxes SUPPLEMENTARY INFORMATION: The currently approved collection. collected under such Sections 3211(b) following is a summary of the (6) Respondents: Individuals or and 3221(c) plus 100 percent of the application. The complete application households, Business or other for-profit. taxes collected under Section 3221(d) of may be obtained for a fee at the SEC’s (7) Estimated annual number of the Railroad Retirement Tax Act shall be Public Reference Branch, 450 5th Street, respondents: 900. credited to the Railroad Retirement N.W., Washington, D.C. 20549–0102 (8) Total annual responses: 900. Supplemental Account. (tel. 202–942–8090). (9) Total annual reporting hours: 225. By Authority of the Board. (10) Collection description: Under Dated: August 30, 2000. Applicant’s Representations Section 2 of the Railroad Retirement Act Beatrice Ezerski, 1. Propel, Inc. (‘‘Propel’’) a Delaware and the Railroad Unemployment Secretary to the Board. corporation, was formed in 1999 to Insurance Act, pertinent information [FR Doc. 00–23366 Filed 9–11–00; 8:45 am] succeed to a portion of the business and proofs must be submitted by an BILLING CODE 7905±01±M conducted by the Network Management applicant so that the Railroad Group (‘‘NMG’’) of Motorola, Inc. Retirement Board can determine his or (‘‘Motorola’’), a Delaware corporation. her entitlement to benefits. The The assets used in connection with collection obtains information SECURITIES AND EXCHANGE COMMISSION NMG’s business are currently owned by supplementing or changing the Motorola or by one of the following information previously provided by an [Investment Company Act Release No. subsidiaries of Motorola: Motorola applicant. 24633: 812±12236] International Development Corporation Additional Information or Comments: and Motorola International Network Copies of the forms and supporting Propel, Inc.; Notice of Application Ventures, Inc. (the ‘‘Holding documents can be obtained from Chuck September 6, 2000. Companies’’). These assets consist Mierzwa, the agency clearance officer AGENCY: Securities and Exchange predominantly of voting security (312–751–3363). Comments regarding Commission (‘‘SEC’’). positions in various foreign cellular the information collection should be telephone network operating companies ACTION: addressed to Ronald J. Hodapp, Railroad Notice of an application under (‘‘Operating Companies’’). Upon Propel Retirement Board, 844 North Rush section 6(c) of the Investment Company succeeding to NMG’s business,1 Propel Street, Chicago, Illinois, 60611–2092 Act of 1940 (the ‘‘Act’’). will effect a public offering of its equity and the OMB reviewer, Joe Lackey (202– securities and/or its equity securities SUMMARY OF THE APPLICATION: The order 395–7316), Office of Management and will be distributed by Motorola to its would permit applicant and its Budget, Room 10230, New Executive security holders in a spin-off controlled companies to engage in Office Building, Washington, D.C. transaction. Immediately prior to such certain foreign telecommunications 20503. offering or distribution, the Holding ventures without being subject to the Companies will be merged into Chuck Mierzwa, provisions of the Act. Motorola and the majority of the NMG Clearance Officer. FILING DATES: The application was filed assets contributed to Propel. This [FR Doc. 00–23367 Filed 9–11–00; 8:45 am] on August 30, 2000. transaction is expected to occur in the BILLING CODE 7905±01±M HEARING OR NOTIFICATION OF HEARING: An third or fourth quarter of 2000. order granting the application will be 2. NMG is actively engaged in the issued unless the SEC orders a hearing. RAILROAD RETIREMENT BOARD operations of the Operating Companies. Interested persons may request a The personnel of NMG serve as Determination of Quarterly Rate of hearing by writing to the SEC’s directors and officers of, and in some Excise Tax for Railroad Retirement Secretary and serving applicant with a cases hold management-level employee Supplemental Annuity Program copy of the request, personally or by positions with, the Operating mail. Hearing requests should be Companies. NMG’s directors, officers In accordance with directions in received by the SEC by 5:30 p.m. on and employees are experienced Section 3221(a) of the Railroad October 2, 2000, and should be Retirement Tax Act (26 U.S.C., Section accompanied by proof of service on 1 Certain NMG assets, including a domestic 3221(c)), the Railroad Retirement Board applicant, in the form of an affidavit or, holding, will not be contributed to Propel due to various tax, legal, and business considerations. has determined that the excise tax for lawyers, a certificate of service. Propel will hold an interest in a domestic entity imposed by such Section 3221(c) on Hearing requests should state the nature that operates an international Internet protocol every employer, with respect to having of the writer’s interest, the reasons for based communications platform. In the future, individuals in his employ, for each the request, and the issues contested. Propel may hold interests in other domestic entities that are involved in the telecommunications work-hour for which compensation is Persons who wish to be notified of a business in the United States. The requested order paid by such employer for services hearing may request notification by will not address Propel’s activities in the United rendered to him during the quarter writing to the SEC’s Secretary. States.
VerDate 112000 16:45 Sep 11, 2000 Jkt 190000 PO 00000 Frm 00078 Fmt 4703 Sfmt 4703 E:\FR\FM\12SEN1.SGM pfrm01 PsN: 12SEN1 Federal Register / Vol. 65, No. 177 / Tuesday, September 12, 2000 / Notices 55067 operating, financial, engineering, legal means any ownership interest that Propel acquired) a substantial interest in and/or business development personnel. represents at least a 10% economic or a foreign telecommunications venture Through negotiated contractual and voting interest. In addition, applicant after the development stage and a other arrangements with the Operating represents that ‘‘active developmental Covered Entity provides (or NMG Companies and their other owners, assistance’’ means material involvement provided) active developmental NMG possesses and exercises significant in the creation (including but not assistance to the foreign control over key operational and limited to license acquisition), telecommunications venture, then a economic aspects of the Operating development or operation of, the Covered Entity may continue to rely on Companies. provision of material managerial, the exemptive order, even through 3. Propel requests relief to permit it advisory, technical, or operational active developmental assistance ceases, and each entity that is now or in the services relating to, or significant input so long as a Covered Entity continues to future controlled by, or under common on material decisions affecting the have a substantial interest in the control with, Propel (each, including development or operations of, a foreign venture, and (a) the business of the Propel, a ‘‘Covered Entity’’) to engage, telecommunications venture. foreign telecommunications venture was either directly or indirectly through 5. The second way applicant would significantly enhanced by the active subsidiaries, in certain foreign participate in foreign developmental assistance of a Covered telecommunications ventures without telecommunications ventures is to Entity or NMG or (b) the foreign being subject to the provisions of the invest, either directly or through one or telecommunications venture (i) is Act. For purposes of the application, more other Covered Entities, in a merged or combined with, or acquired Propel represents that ‘‘foreign telecommunications partnership. by, a company in the same or a related telecommunications venture’’ means Applicant represents that, for purposes business, or (ii) effects an initial public any and all activities outside the United of the application, a offering of voting stock. States involving: communications; ‘‘telecommunications partnership’’ 7. Propel represents that NMG has media; the creation, storage and means any partnership, joint venture, provided. and Propel or another transmission of analog or digital voice, limited liability company or other Covered Entity will provide, active video or data; programming, including unincorporated association (a) developmental assistance to each entertainment, news, information and substantially all of whose operations are foreign telecommunications company or home shopping services; broadband and conducted outside of the United States, telecommunications partnership in satellite distribution; over the air and (b) whose purpose is to acquire which a Covered Entity takes a broadcast; telecommunications; wireless interest in, and to develop, operate, or substantial interest by either and wireline distribution and provide management services to, one or developing, conducting or expanding telephony; network construction; more foreign telecommunications the company’s or partnership’s design, operation and ownership of companies. Representatives of Propel or 2 related transport construction; wireless another Covered Entity would satisfy operations. This assistance includes handsets and accessories; and any and the active development assistance one or more of the following areas: all related or similar activities, services requirement generally by participation license acquisition (through bid and assets. on the management committee or preparation or otherwise); network/ 4. Applicant would participate in similar governing body of the system design and engineering; foreign telecommunications ventures in telecommunication partnership. Propel employee hiring and training; either of two ways. In one, applicant, or one or more other Covered Entities operations including marketing, sales, directly or through one or more other would acquire a substantial interest in billing, collections, customer care, and Covered Entities, would invest in a the telecommunications partnership. computerization; and purchasing. foreign telecommunications company. That telecommunications partnership 8. In preparation of the bid for a ‘‘Foreign telecommunications would, in turn directly or through one license, NMG performs comprehensive company,’’ as used in the application, or more subsidiaries, acquire a market demand analysis in the potential means any corporation, partnership, substantial interest in one or more country market and evaluates future joint venture, association, joint stock foreign telecommunications companies wireless telephony demand. NMG next company, limited liability company, or and provide active developmental translates this information into a other form of organization (a) assistance to the foreign business plan, developed in conjunction substantially all of whose operations are telecommunications ventures of the with a proprietary business model of conducted outside of the United States, telecommunications partnership. NMG. This model generates information (b) that owns the assets of a foreign 6. Propel represents that providing that helps determine whether a bid telecommunications venture (which ‘‘active developmental assistance’’ should be made and the amount of the may consist of capital assets or stock of requires Propel or another Covered bid. In preparation of the bid, NMG also operating subsidiaries), and (c) whose Entity to be or have been materially relies on its previous bid experiences in business primarily relates to, or whose involved in providing such assistance. other foreign markets. operations consist primarily of, the Thus, Propel or another Covered Entity 9. Networks/system design and ownership, development and operation may rely on the exemptive order even engineering services begin before a bid of, or the provisions of management or though it no longer provides active is submitted for a license and continue operational services relating to, foreign developmental assistance so long as it until completion of network build out. telecommunications ventures. Propel or continues to have a substantial interest In the pre-bid phase, NMG provides one or more other Covered Entities in the foreign telecommunications engineering and design expertise in would acquire a substantial interest in venture, which is past the planning and constructing the cellular the foreign telecommunications developmental stage, and a Covered system. NMG provides marketing company, and provide active Entity or NMG provided active research, market analysis, system design developmental assistance to the foreign developmental assistance during the telecommunications venture. For venture’s developmental stage. 2 To date, NMG has not held an interest in a purposes of the application, applicant Similarly, if a Covered Entity acquires telecommunications partnership but Propel may do represents that ‘‘substantial interest’’ (or NMG while the predecessor to so in the future.
VerDate 112000 16:45 Sep 11, 2000 Jkt 190000 PO 00000 Frm 00079 Fmt 4703 Sfmt 4703 E:\FR\FM\12SEN1.SGM pfrm01 PsN: 12SEN1 55068 Federal Register / Vol. 65, No. 177 / Tuesday, September 12, 2000 / Notices and technology choice consulting because going forward it would be experience in other markets, and ability during the bid process. constrained in its participation in to leverage telecommunications services 10. NMG provides assistance with exiting and future foreign to maximize economies of scale and recruiting and training qualified senior telecommunications ventures by the operating efficiencies complement the executives and other personnel to requirements of the Act. assets and local business connections of operate a foreign telecommunications a partner; (b) the desire for capital venture during the early stages of the Applicant’s Legal Analysis financing from third parties; (c) the development of some ventures. NMG 1. Section 3(a)(1)(C) of the Act defines expertise one or more partners may provides employee training to localize an ‘‘investment company’’ to include bring to a foreign venture, including expertise in all areas of operations. any issuer that is engaged in the knowledge of local preferences and NMG personnel help select management business of investing, reinvesting, business practices and existing employees and train them in various owning, holding, or trading in relationships with suppliers, areas, including systems operations, securities, and owns investment contractors, government agencies or financial and billing, customer care, securities having a value exceeding 40% potential customers; (d) the enhanced marketing and sales, and general back- of the value of the issuer’s total assets intangible appeal that the involvement office support. In many instances, NMG (exclusive of Government securities and of an additional major international employees were seconded to the foreign cash items). Section 3(a)(2) of the Act investor may lend to a bidding contest telecommunications company in the defines ‘‘investment securities’’ to for a telecommunications license in a initial stages of setting up the operations include, in pertinent part, all securities developing country; and (e) Propel’s and participated in the selection and except securities issued by majority- desire to test a new market through a training of their replacements. In some owned subsidiaries of the owner which relatively small initial commitment of instances NMG provides senior are not investment companies and capital undertaken with one or more management on a longer-term basis. which are not excepted from the partners, thereby diversifying the 11. Assistance may also be provided definition of investment company by business and financial risks attendant to in deploying, servicing, trouble shooting section 3(c)(1) or section 3(c)(7). Section establishing operations where wireless and operating the networks of foreign 2(a)(24) defines a ‘‘majority-owned and other telecommunications telecommunications ventures. When subsidiary’’ of a person as a company businesses have a relatively modest or these ventures win licenses, NMG 50% or more of the outstanding voting no established infrastructure or assists in the design, installation and securities of which are owned by the subscriber base. optimization of the cellular systems, as person, or by a company which, within 4. Applicant’s holdings at its well as providing consultation and the meaning of section 2(a)(24), is inception will be such that it may come support services in implementing the majority-owned subsidiary of the within the definition of investment system. NMG assists in the design and person. company in section 3(a)(1)(C) of the Act. installation of financial control 2. Rule 3a–1 under the Act deems In the absence of the requested relief, procedures and accounting systems and certain issuers that meet the statutory applicant would be required to in training people to use the systems. definition of investment company in restructure its positions in its existing NMG provides back-up support for section 3(a)(1)(C) of the Act not to be ventures in order to avoid having to billing procedures and billing software investment companies, provided the register under the Act. With respect to selection, as well as marketing and sales issuer meets certain criteria. An issuer future ventures, applicant states that the assistance. NMG also helps its ventures can qualify for this exemption only if no need to structure participation in with purchasing goods and services, more than 45% of its total assets consist foreign telecommunications ventures in including hardware and software, of, and no more than 45% of its net a manner that complies with the Act necessary in building and operating a income is derived from securities other would result in severe constraints on cellular network. than, among others, securities of certain Propel’s ability to effectively and 12. Applicant’s participation in efficiently operate and grow its foreign telecommunications ventures companies controlled primarily by the issuer.3 business. These constraints principally with local and strategic partners is occur in two areas. The first is in the generally made necessary by both 3. NMG’s business has been conducted almost exclusively in formation of a potential foreign restrictions on ownership of foreign telecommunications venture. If a countries outside the United States. In telecommunications ventures under the Covered Entity is unable to obtain either many instances, foreign laws will laws of many countries, as well as by a majority interest or primary control for prohibit or constrain Propel and the the benefits, both tangible and purposes of section 3(a)(1)(C) or rule 3a– other Covered Entities from obtaining or intangible, that applicant may obtain 1, or the type of control that would holding controlling positions in from joining with strategic partners both allow it to obtain an opinion of counsel telecommunications operating local and international, to create, that it can classify its participation as a companies. Bidding for a develop and operate such ventures. The joint venture interest, then the Covered telecommunications license must in structure of NMG’s ventures was not Entity would most likely abstain from many cases be done through a joint established for the purpose of creating participating in that foreign an investment company within the venture or consortium. Beyond these telecommunications venture. contemplation of the Act. Motorola legal constraints, a joint investment 5. The second constraint arises after a entities through which NMG operates with one or more strategic partners may Covered Entity has acquired its interest have never been registered investment be advisable in foreign ventures for a in a foreign telecommunications companies (or subject to any analogous variety of additional reasons, including: venture. As a venture grows out of the regulatory scheme in another (a) a desire to structure ventures so that development stage, it will often seek to jurisdiction) nor been held out as Propel’s management expertise, expand its businesses through primarily engaged in the business of acquisitions, or will seek financing in 3 ‘‘Primary control’’ under rule 3a–1 means a investing, reinvesting, or trading in degree of control that is greater than that of any the public capital markets. However, securities. Applicant represents that it is other person. See Health Communications Services, these goals are often in direct conflict seeking the requested exemptive order Inc. (pub. avail. Apr. 26, 1985). with the Covered Entity’s need to
VerDate 112000 16:45 Sep 11, 2000 Jkt 190000 PO 00000 Frm 00080 Fmt 4703 Sfmt 4703 E:\FR\FM\12SEN1.SGM pfrm01 PsN: 12SEN1 Federal Register / Vol. 65, No. 177 / Tuesday, September 12, 2000 / Notices 55069 maintain its ownership interest at a foreign telecommunications venture. notice is hereby given that on June 5, level that avoids an issue under the Act. Accordingly, applicant asserts that the 2000, the Philadelphia Stock Exchange Applicant submits that this can result in Covered Entities will engage in business (‘‘Phlx’’ or the ‘‘Exchange’’) filed with serious restraints on the development of activities that do not entail the types of the Securities and Exchange certain foreign telecommunications abuses that the Act was designed to Commission (‘‘SEC’’ or ‘‘Commission’’) ventures, a Propel seeks to structure address. the proposed rule change relating to the transactions around the requirements of 9. Applicant believes that the reporting of options transactions. The the Act. Applicant states that, at times, requested relief is consistent with the Phlx filed Amendment No. 1 to this when the Covered Entity’s interest protection of investors and the purposes proposal on August 31, 2000. 3 The would fall below the level of fairly intended by the policy and proposed rule change, as amended, is presumptive control set forth in section provisions of the Act. Applicant described in Items I, II, and III below, 2(a)(9) of the Act, the Covered Entity represents that the requirements of its which Items have been prepared by the may have to deny the foreign business, its strategy that each Covered Exchange. The Commission is telecommunications venture permission Entity own or hold directly or indirectly publishing this notice to solicit to undertake a transaction that would a substantial interest in a foreign comments on the proposed rule change, have been in the best interests of the telecommunications company or as amended, from interested persons Covered Entity and that venture. partnership, and its representation that and to grant accelerated approval to the 6. Applicant states that a Covered each Covered Entity will provide active proposed rule change, as amended. Entity’s ability to structure its developmental assistance to a foreign participation in a foreign telecommunications venture I. Self-Regulatory Organization’s telecommunications venture as an demonstrate that the applicant is not of Statement of the Terms of Substance of unincorporated joint venture or the type that engages in the activities the Proposed Rule Change partnership interest is not adequate to that the Act was designed to address. The Exchange proposes to amend permit Propel to conduct its business Applicant’s Conditions Exchange Rule 1051, ‘‘Reporting, free of the constraints of the Act. Propel General Comparison and Clearance states that whether an arrangement is a Applicant agrees that the order Rule,’’ and Options Floor Procedure joint venture is sometimes difficult to granting the requested relief will be Advice (‘‘OFPA’’) F–2, ‘‘Allocation, determine. subject to the following conditions: Time Stamping, Matching and Access to 7. Section 6(c) provides that the SEC 1. No Covered Entity that proposes to Matched Trades,’’ to require the may exempt any person, security or rely on the requested relief will hold reporting of options transactions within transaction from any provision of the itself out as being engaged in the 90 seconds after execution. The text of Act or any rule or regulation under the business of investing, reinvesting or the proposed rule change, as amended, Act, if and to the extent that the trading in securities. is set forth below. Additions are in exemption is necessary or appropriate 2. A Covered Entity may rely on the italics. in the public interest and consistent order granting the requested relief only with the protection of investors and the to the extent that the manner in which F–2 Allocation, Time Stamping, Matching purposes fairly intended by the policy it is involved in foreign and Access to Matched Trades telecommunications ventures does not (a) In order to facilitate timely tape and provisions of the Act. Applicant reporting of executed trades, it is the duty of requests an order under section 6(c) to differ materially from that described in the largest participant in a trade to allocate, permit applicant and the other Covered the application. match and time stamp manually executed Entities to engage, directly or through For the SEC, by the Division of Investment trades as well as to submit the matched trade subsidiaries, in foreign Management, pursuant to delegated to the appropriate person at the respective telecommunications ventures without authority. Specialist post immediately upon execution. being subject to the Act. Margaret H. McFarland, A member or member organization initiating an options transaction, whether acting as 8. Applicant represents that the Deputy Secretary. principal or agent, must report or ensure that requested exemption is necessary and [FR Doc. 00–23342 Filed 9–11–00; 8:45 am] appropriate in the public interest. the transaction is reported within 90 seconds Applicant asserts that its interests in the BILLING CODE 8010±01±M after execution to the tape. Transactions not reported within 90 seconds after execution foreign telecommunications ventures, shall be designated as late. A pattern or unlike the assets of investment SECURITIES AND EXCHANGE companies, will not be liquid, mobile or COMMISSION 3 See letter from Richard S. Rudolph, Counsel, otherwise readily negotiable. Applicant Phlx to Deborah Flynn, Senior Special Counsel, also states that neither it nor any other [Release No. 34±43243; File No. SR±Phlx± Division of Market Regulation (‘‘Division’’), Covered Entity will be a ‘‘special 00±49] Commission, dated August 31, 2000 (‘‘Amendment situation’’ investment company that No. 1’’). Amendment No. 1 requests the Self-Regulatory Organizations; Notice Commission to approve the proposed rule change takes a controlling position in other of Filing and Order Granting on an accelerated basis and clarifies that if a issuers primarily for the purpose of member fails to report an options transaction within Accelerated Approval of a Proposed making a profit in the sale of the 90 seconds, the report would be considered ‘‘late.’’ Rule Change and Amendment No. 1 by controlled company’s securities. Additionally, Amendment No. 1 revises the the Philadelphia Stock Exchange, Inc. proposed rule language to clarify that a pattern or Applicant states that the Covered Relating to the Reporting of Options practice of late reporting, without exceptional Entities will provide active circumstances, would be considered conduct Transactions developmental assistance for the inconsistent with just and equitable principles of trade. Amendment No. 1 also clarifies that the purpose of participating in the profits September 1, 2000. three-year running calendar basis for the imposition from the foreign telecommunications Pursuant to Section 19(b)(1) of the of the fine schedule in OFPA F–2 begins to run on ventures’ operations. Applicant Securities Exchange Act of 1934 the date of the first infraction. Amendment No. 1 maintains that active developmental (‘‘Act’’),1 and Rule 19b–4 thereunder, 2 supersedes a previous amendment filed with the Commission on August 23, 2000. See letter from assistance requires personnel with Richard S. Rudolph, Counsel, Phlx to Nancy expertise in planning, operating, 1 15 U.S.C. 78s(b)(1). Sanow, Assistant Director, Divsion, Commission, managing, and providing services to a 2 17 CFR 240.19b–4. dated August 22, 2000.
VerDate 112000 16:45 Sep 11, 2000 Jkt 190000 PO 00000 Frm 00081 Fmt 4703 Sfmt 4703 E:\FR\FM\12SEN1.SGM pfrm01 PsN: 12SEN1 55070 Federal Register / Vol. 65, No. 177 / Tuesday, September 12, 2000 / Notices practice of late reporting without exceptional A. Self-Regulatory Organization’s furthers the objectives of Section circumstances may be considered conduct Statement of the Purpose of, and 6(b)(5) 6 in particular, in that it is inconsistent with just and equitable Statutory Basis for, the Proposed Rule designed to prevent fraudulent and principles of trade. If there is only one seller Change manipulative acts and practices, to and one buyer, the seller is responsible. promote just and equitable principles of 1. Purpose Execution times must be recorded on the change, to foster cooperation and reverse side of one or more of the tickets to The Phlx is proposing to amend Phlx coordination with persons engaged in a matched trade. Rule 1051 and OFPA F–2 to require facilitating transactions in securities, to (b) Once a trade has been matched and timely tape reporting of executed trades remove impediments to and perfect the submitted for reporting at the post, the on the Options Floor. Under the mechanism of a free and open market respective Specialist Unit must preserve the proposal, as amended, the largest and a national market system. matched tickets for a period of not less than participant in a trade would be required three years. to allocate, match, and time stamp B. Self-Regulatory Organization’s (c) Member access to tickets comprising a manually executed trades, as well as to Statement on Burden on Competition matched trade is available to any participant submit the matched trade to the The Exchange does not believe that of that trade, as well as the respective appropriate person at the respective the proposed rule change will impose Specialist and any Floor Official acting in his specialist post immediately upon any burden on competition not capacity as a Floor Official. Requests to execution and no later than 90 seconds necessary or appropriate in furtherance review trade matches must be made with the following execution of the trade. of the purposes of the Act. Specialist Unit. Additionally, the proposal would Fine Schedule (Implemented on a three year require exchange options transactions to C. Self-Regulatory Organization’s running calendar basis) be reported to the tape immediately Statement on Comments on the upon execution and no later than 90 Proposed Rule Change Received From F–2 Members, Participants, or Others 1st Occurrence—$100.00 seconds after execution of the trade. 2nd Occurrence—$250.00 Under the proposed rule, transactions The Exchange neither solicited nor 3rd Occurrence—$500.00 not reported within 90 seconds after received written comments on the 4th and Thereafter—Sanction is discretionary execution would be designated as late. proposed rule change. Patterns or practices of late reporting with Business Conduct Committee III. Solicitation of Comments Rule 1051. Reporting, General Comparison without exceptional circumstances may And Clearance Rule be considered conduct inconsistent with Interested persons are invited to 4 (a) A member or member organization just and equitable principles of trade. submit written data, views and initiating an options transaction, whether Currently, Exchange Rule 1051 arguments concerning the foregoing, acting as principal or agent, must report or requires executed trades to be reported including whether the proposed rule ensure that the transaction is reported within at the time of execution. The Exchange’s change, as amended, is consistent with 90 seconds after execution to the tape. proposal would require immediate trade the Act. Persons making written Transactions not reported within 90 seconds reporting no later than 90 seconds submissions should file six copies after execution shall be designated as late. A following execution. The Phlx believes thereof with the Secretary, Securities pattern or practice of late reporting without that setting a specific time limit for and Exchange Commission, 450 Fifth exceptional circumstances may be trade participants to report transactions Street, N.W., Washington, DC 20549– considered conduct inconsistent with just should enable the Exchange’s Market 0609. Copies of the submission, all and equitable principles of trade. Surveillance Department and subsequent amendments, all written (b) All Exchange options transactions shall Enforcement Department to evaluate statements with respect to the proposed be reported at the time of execution to the and determine accurately any violation rule change that are filed with the Exchange for comparison of trade of the rule. Commission, and all written information at the specialist’s post and all The Phlx believes that the proposed communications relating to the compared transactions shall be cleared rule change will facilitate transparency proposed rule change between the through the Options Clearing Corporation and help to present a more accurate Commission and any persons, other and shall be subject to the rules of the picture of market activity. Additionally, than those that may be withheld from Options Clearing Corporation. the Phlx believes that the proposal will the public in accordance with the help to protect investors and the public provisions of 5 U.S.C. 552, will be II. Self-Regulatory Organization’s interest by requiring the prompt available for inspection and copying at Statement of the Purpose of, and reporting of executed trades to the tape the Commission’s Public Reference Statutory Basis for, the Proposed Rule that, in turn, will enable the Exchange Room. Copies of such filing will also be Change to better monitor compliance with order available for inspection and copying at handling and transparency rules, the principal office of the Phlx. All In its filing with the Commission, the including limit order protection, submissions should refer to the File No. Phlx included statements concerning priority, and best execution. SR–Phlx–00–49 and should be the purpose of, and basis for, the 2. Statutory Purpose submitted by October 3, 2000. proposed rule change and discussed any IV. Commission’s Findings and Order comments it received on the proposed The Exchange believes that the Granting Accelerated Approval of rule change. The text of these statements proposed rule change is consistent with 5 Proposed Rule Change may be examined at the places specified Section 6(b) of the Act, in general, and in Item III below. The Phlx has prepared The Commission finds that the 4 In Amendment No. 1, the Phlx incorporated this summaries, set forth in Sections A, B, proposal is consistent with the language into Phlx Rule 1051 and OFPA F–2. The 7 and C below, of the most significant Exchange also clarified that a failure to report a requirements of the Act. In particular, aspects of such statements. single options transaction within 90 seconds would be considered a violation of the proposed options 6 15 U.S.C. 78f(b)(5). rule. See Amendment No. 1, supranote 3. 7 In approving this rule, the Commission has 5 15 U.S.C. 78f(b). considered the proposed rule’s impact on
VerDate 112000 16:45 Sep 11, 2000 Jkt 190000 PO 00000 Frm 00082 Fmt 4703 Sfmt 4703 E:\FR\FM\12SEN1.SGM pfrm01 PsN: 12SEN1 Federal Register / Vol. 65, No. 177 / Tuesday, September 12, 2000 / Notices 55071 the Commission finds that the proposed For the Commission, by the Division of concerning this topic in advance of or rule change furthers the objectives of Market Regulation, pursuant to delegated at the meeting for the Panel’s 12 Section 6(b)(5),8 in that it is designed to authority. consideration. prevent fraudulent and manipulative Margaret H. McFarland, Agenda: The meeting will commence acts and practices, to promote just and Deputy Secretary. at 9 a.m. Tuesday September 26. The equitable principles of trade, to foster [FR Doc. 00–23284 Filed 9–11–00; 8:45 am] Panel will use this time to discuss the cooperation and coordination with BILLING CODE 8010±01±M status of TWWIIA implementation and persons engaged in facilitating the notice of proposed rulemaking transactions in securities, and to remove announced in the Federal Register. An impediments to and perfect the SOCIAL SECURITY ADMINISTRATION outline of the agenda follows this mechanism of a free and open market announcement. A copy of the agenda Ticket to Work and Work Incentives may also be obtained from the Internet and national market system. Advisory Panel Meeting at the web site of SSA’s Office of Specifically, the Commission believes AGENCY: Employment Support Programs at http:/ that the proposal, as amended, which Social Security Administration (SSA). /www.ssa.gov/work or by contacting the requires the reporting of all options Panel staff at the mailing address, Email ACTION: Notice of meeting. transactions with 90 seconds of address, telephone and fax numbers execution, should help to prevent DATES: September 26–27, 9 a.m.–5 p.m. shown below. Requests for materials in fraudulent and manipulative acts and alternate formats, i.e., large print, ADDRESSES: Embassy Suites Hotel, 1900 Braille, computer disc, etc. may be made practices, as well as to promote just and Diagonal Road, Alexandria VA 22314, equitable principles of trade. The 703–684–5900 to the Panel staff at the addresses and Commission believes that the proposed numbers below. SUPPLEMENTARY INFORMATION: Records are being kept of all Panel rule change, as amended, should enable Type of meeting: The meeting is open proceedings and will be available for the Exchange to provide accurate trade to the public. The public is invited to public inspection at the Office of information to investors more participate by coming to the address Employment Support Programs web site efficiently. The enhanced transparency listed above. The public is also invited at http://www.ssa.gov/work or by associated with timely trade reporting to submit comments in writing prior to appointment at the office of the Ticket should facilitate price discovery for or at the meeting. investors and assist the Phlx’s Purpose: In accordance with section to Work and Work Incentives Advisory Panel staff, 107 Altmeyer Building, 6401 surveillance of its members’ trading in 10(a)(2) of the Federal Advisory Security Boulevard, Baltimore, MD listed options. Committee Act, SSA announces a 21235. Anyone requiring information The Phlx has requested that the meeting of the Ticket to Work and Work Incentives Advisory Panel (the Panel). regarding the Panel should contact the Commission find good cause for Section 101(f) of the Ticket to Work and Panel staff by: approving the proposed rule change, as • Mail addressed to Social Security Work Incentives Improvement Act of amended, prior to the thirtieth day after Administration, Ticket to Work and 1999 (TWWIIA), Public Law 106–170, Work Incentives Advisory Panel Staff, the date of publication of notice in the establishes the Panel to advise the 107 Altmeyer Building, 6401 Security Federal Register. The Commission Commissioner of Social Security, the Boulevard, Baltimore, MD 21235; believes the proposal is substantially President and the Congress on issues • Telephone at (410) 966–7225. similar to the Amex proposal to amend related to work incentives programs, • Fax at (410) 966–8597. Amex rules to require the reporting of planning and assistance for individuals • Email to [email protected] options transactions within 90 seconds with disabilities as provided under of execution that was recently reviewed section 101(f)(2)(A) of TWWIIA. The Dated: September 5, 2000. and approved by the Commission.9 The Panel is also to advise the Susan M. Daniels, Amex proposal was noticed for the full Commissioner on matters specified in Deputy Commissioner for Disability and 21 day comment period and no section 101(f)(2)(B) of that Act, Income Security Programs. comments were received. Accordingly, including certain issues related to the Ticket to Work and Work Incentives; the Commission finds good cause Ticket to Work and Self Sufficiency Advisory Panel Meeting, September 26– pursuant to Section 19(b)(2) of the Act 10 Program established under section 27, 2000 to accelerate approval of the proposed 101(a) of that Act. rule change, as amended. This is a deliberative meeting of the Tuesday, September 26, 2000 Panel. The Panel will meet to discuss It is therefore ordered, pursuant to 9:00 AM 11 the status of TWWIIA implementation. Meeting Convenes Section 19(b)(2) of the Act, that the Public testimony regarding the notice of proposed rule change (SR–Phlx–00–49), Welcome—Sarah Mitchell, Presiding proposed rulemaking published in the Introductions as amended, is approved on an Federal Register concerning the Approval of the Minutes accelerated basis. implementation of TWWIIA will be Panel Operating Principles and heard at this meeting. Interested parties Procedures are invited to address the panel for a Ticket to Work and Work Incentives maximum of three minutes. Speakers Improvement Act (TWWIIA) must submit full comments in writing Notice of Proposed Rule Making efficiency, competition, and capital formation. 15 and will be recognized in the order in (NPRM) U.S.C. 78c(f). which they register for the meeting until 11:45–1:00 PM 8 15 U.S.C. 78f(b)(5). the time for public comment has Lunch (On Your Own) 9 See Securities Exchange Act Release No. 43233 expired. Any interested citizen is 1:00 PM (Aug. 30, 2000) (approving SR–Amex–00–03). encouraged to submit comments Meeting Reconvenes Sarah Mitchell, 10 15 U.S.C. 78s(b)(2). Presiding 11 Id. 12 17 CFR 200.30–3(a)(12). 1:00 to 3:00 PM
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Reserved for Public Testimony Regional Resource Stewardship Council, SUPPLEMENTARY INFORMATION: 3:30 PM Tennessee Valley Authority, 400 West Title: Aircraft Accident Liability Panel Discussion Summit Hill Drive, WT 11A, Knoxville, Insurance. 5:00 PM Tennessee 37902. OMB Control Number: 2106–0030. Adjournment DATES: The meeting will be held in two Expiration Date: February 28, 2001. Type of Request: Extension of a Wednesday, September 27, 2000 sessions on Thursday, September 21, 2000, from 8:30 a.m. to 1:30 p.m. and previously approved collection. 9:00 AM from 3:30 p.m.–5 p.m. EDT. Abstract: 14 CFR part 205 contains Meeting Reconvenes—Sarah Mitchell, the minimum requirements for air ADDRESSES: Presiding The meeting will be held in carrier accident liability insurance to Panel Discussion Continues Chattanooga, Tennessee, at the protect the public from losses, and 11:45–1:00 PM Tennessee Valley Authority directs that certificates evidencing Lunch (On Your Own) Chattanooga Office Complex, appropriate coverage must be filed with 1:00 PM Missionary Ridge Building, First Floor, the Department. Meeting Reconvenes—Sarah Mitchell, Ross Landing Room, 2201 Market Street, Respondents: U.S. and foreign air Presiding Chattanooga, Tennessee 37402, and will carriers. Follow Up Actions and Assignments be open to the public. Anyone needing Estimated Number of Respondents: Proposed Time and Place for Fiscal special access or accommodations 4,270 (avg. 1.3 responses per respondent Year 2001 Meetings should let the contact below know at per year). Agenda Items for Next Meeting least a week in advance. Average Annual Burden Per 5:00 PM FOR FURTHER INFORMATION CONTACT: Respondent: .67 hour (.5 hour per Adjournment Sandra L. Hill, 400 West summit Hill response). [FR Doc. 00–23280 Filed 9–11–00; 8:45 am] Drive, WT 11A, Knoxville, Tennessee Estimated Total Burden on BILLING CODE 4190±29±P 37902, (865) 632–2333. Respondents: 2,762.5 hours. Dated: August 31, 2000. This information collection is Kathryn J. Jackson, available for inspection at the Air Carrier Fitness Division (X–56), Office TENNESSEE VALLEY AUTHORITY Executive Vice President, River System Operations & Environment, Tennessee Valley of Aviation Analysis, DOT, at the Meeting of the Regional Resource Authority. address above. Copies of 14 CFR part Stewardship Council [FR Doc. 00–23321 Filed 9–11–00; 8:45 am] 205 can be obtained from Ms. Delores King at the address and telephone BILLING CODE 8120±08±M AGENCY: Tennessee Valley Authority number shown above. (TVA). Comments are invited on: (a) Whether ACTION: Notice of meeting. the proposed collection of information DEPARTMENT OF TRANSPORTATION is necessary for the proper performance SUMMARY: The Regional Resource Office of the Secretary of the functions of the Department, Stewardship Council (Regional Council) including whether the information will will hold a meeting to consider various Aircraft Accident Liability Insurance; have practical utility; (b) the accuracy of matters. Notice of this meeting is given Notice of Request for Extension of a the Department’s estimate of the burden under the Federal Advisory Committee Previously Approved Collection of the proposed information collection; Act, 5 U.S.C. App. 2, (FACA). (c) ways to enhance the quality, utility, The meeting agenda includes the AGENCY: Office of the Secretary, DOT. and clarity of the information to be following/briefings: ACTION: Notice and request for collected; and (d) ways to minimize the 1. Briefings of published economic comments. burden of the collection of information analyses on water allocation alternatives on respondents, including the use of 2. National Environmental Policy Act SUMMARY: In accordance with the automated collection techniques or 3. Public comments Paperwork Reduction Act of 1995 (44 other forms of information technology. 4. Subcommittee reports U.S.C. Chapter 35, as amended), this All responses to this notice, will be It is the Regional Council’s practice to notice announces the Department of summarized and included in the request provide an opportunity for members of Transportation’s (DOT) intention to for OMB approval. All comments will the public to make oral public request the extension of a previously also become a matter of public record. comments at its meetings. Public approved collection. comment session is scheduled from Issued in Washington, DC on September 7, DATES: Comments on this notice must be 2000. 11:00 a.m.–noon EDT. Members of the received by November 13, 2000. public who wish to make oral public Randall D. Bennett, comments may do so during the Public ADDRESSES: Comments should be Acting Director, Office of Aviation Analysis. comments portion of the agenda. Up to directed to the Air Carrier Fitness [FR Doc. 00–23403 Filed 9–11–00; 8:45 am] Division (X–56), Office of Aviation one hour will be allotted for the Public BILLING CODE 4910±62±P comments with participation available Analysis, Office of the Secretary, US on a first-come, first-served basis. Department of Transportation, 400 Speakers addressing the Council are Seventh Street, SW., Washington, DC DEPARTMENT OF TRANSPORTATION requested to limit their remarks to no 20590. Office of the Secretary more than 5 minutes. Persons wishing FOR FURTHER INFORMATION CONTACT: to speak register at the door and are then Delores King, Air Carrier Fitness Aviation Proceedings, Agreements called on by the Council Chair during Division (X–56), Office of Aviation Filed During the Week Ending the public comment period. Hand-out Analysis, Office of the Secretary, US September 1, 2000 materials should be limited to one Department of Transportation, 400 printed page. Written comments are also Seventh Street, SW., Washington, DC The following Agreements were filed invited and may be mailed to the 20590, (202) 366–2343. with the Department of Transportation
VerDate 112000 16:45 Sep 11, 2000 Jkt 190000 PO 00000 Frm 00084 Fmt 4703 Sfmt 4703 E:\FR\FM\12SEN1.SGM pfrm01 PsN: 12SEN1 Federal Register / Vol. 65, No. 177 / Tuesday, September 12, 2000 / Notices 55073 under the provisions of 49 U.S.C. vehicles of less than 10,000 pounds vehicle and promptly fastens his/her Sections 412 and 414. Answers may be gross vehicle weight rating (GVWR) seat belt and then turns the ignition to filed within 21 days after the filing of incorporate a visual and audible seat the ‘‘on’’ or ‘‘start’’ position, the visual the application. belt warning system that alerts the warning will flash for four to eight Docket Number: OST–2000–7893. driver when the seat belt is unbuckled seconds. In addition, the audible Date Filed: September 1, 2000. and the vehicle’s ignition switch is warning will sound for a brief period of Parties: Members of the International moved to either the ‘‘on’’ or ‘‘start’’ time less than four seconds Air Transport Association. position. Manufacturers are afforded (approximately two seconds). This Subject: MV/PSC/111 dated July 28, two options regarding the visual and additional audible warning was 2000, Recommended Practice 1724 audible warning requirements. intended to act as part of the vehicle (Mail Vote S074), Intended effective Specifically, FMVSS No. 208, Paragraph start-up systems check to alert the driver date: October 1, 2000. S7.3 states: that all warning systems are fully ‘‘(a) A seat belt assembly provided at operational. Based on a July 12, 2000 Dorothy Y. Beard, the driver’s seating position shall be letter of interpretation from NHTSA, Federal Register Liaison equipped with a warning system that, at however, MBUSA has learned that the [FR Doc. 00–23332 Filed 9–11–00; 8:45 am] the option of the manufacturer, either— additional two-second audible warning BILLING CODE 4910±62±P (1) Activates a continuous or that occurs after the seat belt is fastened intermittent audible signal for a period is not in compliance with the of not less than 4 seconds and not more requirements of FMVSS No. 208 S7.3. DEPARTMENT OF TRANSPORTATION than 8 seconds Accordingly, MBUSA submitted this (2) and that activates a continuous or petition for determination of National Highway Traffic Safety flashing warning light visible to the inconsequential noncompliance with Administration driver displaying the identifying symbol regards to the extra seat belt buzzers. [Docket No. NHTSA 2000±7854 Notice 1] for the seat belt telltale shown in Table 2 of FMVSS 101 or, at the option of the Supporting Information Submitted by Mercedes-Benz USA, LLC; Receipt of manufacturer if permitted by FMVSS MBUSA Application for Determination of 101, displaying the words ‘‘Fasten Seat MBUSA does not believe that the Inconsequential Non-Compliance Belts’’ or ‘‘Fasten Belts’’, for not less foregoing noncompliance will impact than 60 seconds (beginning when the motor vehicle safety for a number of Mercedes-Benz USA, (MBUSA) of vehicle ignition switch is moved to the reasons. Specifically, a very limited Montvale, New Jersey has applied to be ‘‘on’’ or ‘‘start’’ position) when number of these vehicles were produced exempted from the notification and condition (b) exists simultaneously with with the extra buzzer in model year remedy requirements of 49 U.S.C. condition (c), or that 2000. No other model year vehicles have Chapter 301 ‘‘Motor Vehicle Safety’’ for (3) Activates for a period of not less this feature. In addition, because the a noncompliance with Federal Motor than 4 seconds and not more that 8 audible and visual seat belt warning Vehicle Safety Standard (FMVSS) No. seconds (beginning when the vehicle work as otherwise required by FMVSS 208, ‘‘Occupant Crash Protection,’’ on ignition switch is moved to the ‘‘on’’ of No. 208, MBUSA believes that the extra the basis that the noncompliance is the ‘‘start’’ position), a continuous or buzzer is, at worst, an annoyance to the inconsequential to motor vehicle safety. flashing warning light visible to the driver and does not detract from the MBUSA has filed a report of driver, displaying the identifying safety intent served by the audible noncompliance pursuant to 49 CFR Part symbol of the seat belt telltale shown in signal. Moreover, since the vast majority 573 ‘‘Defects and Noncompliance Table 2 of FMVSS 101 or, at the option of vehicle owners do not even buckle Reports.’’ of the manufacturer, if permitted by their seat belts until after starting their This notice of receipt of an FMVSS 101, displaying the words vehicle, MBUSA does not believe that application is published under 49 ‘‘Fasten Seat Belts’’ or ‘‘Fasten Belts,’’ drivers will even notice this extra U.S.C. 30118 and 30120 and does not when condition (b) exists, and a feature. Those that do notice this feature represent any agency decision or other continuous or intermittent audible will only encounter it during vehicle exercise of judgement concerning the signal when condition (b) exists start up and at no other time (i.e., while merits of the application. simultaneously with condition (c). the vehicle is in operation). Consequently, MBUSA believes this Description of Noncompliance (b) The vehicle’s ignition switch is moved to the ‘‘on’’ position or to the noncompliance is inconsequential to MBUSA is a wholly owned subsidiary ‘‘start’’ position. motor vehicle safety. of DaimlerChrysler, AG (DCAG). (c) The driver’s lap belt is not in use, MBUSA introduced the additional MBUSA is incorporated in the state of as determined, at the option of the two-second buzzer as a new feature into Delaware and conducts business manufacturer, either by the belt latch its model year 2000 M-Class vehicles at throughout the United States from the mechanism not being fastened, or by the the beginning of production. Because a Company’s headquarters at One belt not being extended by at least 4 question had arisen regarding the Mercedes Drive, Montvale, New Jersey, inches from its stowed position.’’ compliance status of this feature with 07645. (emphasis added) the requirements of FMVSS 208, this A limited number of model year 2000 In the M-Class vehicles identified feature was removed while model year Mercedes-Benz M-Class vehicles, above, the seat belt warning system 2000 M-Class vehicles were in manufactured by Mercedes-Benz, U.S. operates as follows. If a driver enters the production in order to allow MBUSA International, Inc. (MBUSI), the vehicle, but neglects to fasten his/her time to obtain a definitive response from domestic manufacturing subsidiary of seat belt, when the driver turns the NHTSA. As a result, only a very limited DCAG, are equipped with audible seat ignition to the ‘‘on’’ or ‘‘start’’ position, number of these vehicles were produced belt warning devices that do not meet a visual warning will flash and an with the additional buzzer feature. certain requirements mandated by audible warning will sound for eight MBUSA estimates that only 4,354 out of FMVSS No. 208. Specifically, FMVSS seconds or until the driver buckles his/ 56,264 vehicles produced as of August No. 208 requires that all passenger her seat belt. If a driver enters the 17, 2000 has this feature. This figure
VerDate 112000 16:45 Sep 11, 2000 Jkt 190000 PO 00000 Frm 00085 Fmt 4703 Sfmt 4703 E:\FR\FM\12SEN1.SGM pfrm01 PsN: 12SEN1 55074 Federal Register / Vol. 65, No. 177 / Tuesday, September 12, 2000 / Notices represents only 7.7% of the M-Class engine has just been started and the application and supporting materials, vehicles manufactured and sold for vehicle is typically not yet in motion. and all comments received after the model year 2000 to date. This figure will By the time the driver engages the closing date will also be filed and will be even lower as production and sale of transmission and proceeds, the be considered to the extent practicable. the 2000 model year vehicle continues. additional buzzer has already run When the application is granted or As a result of this extremely low through its systems check and has shut denied, the Notice will be published in number, MBUSA does not believe that off. Thereafter, the only time the buzzer the Federal Register pursuant to the vehicles equipped with the additional will again sound is when the vehicle authority indicated below. buzzer pose a substantial decrease in engine is restarted after it has first been Comment closing date: October 12, safety for M-Class owners. stopped and turned off. Consequently, 2000, MBUSA continues to believe that the the buzzer will not operate anytime the (49 U.S.C. 30118, 30120; delegations of additional buzzer will enhance safety. vehicle is in motion where it may authority at 49 CFR 1.50 and 49 CFR 501.8). Specifically, as noted in their October 5, otherwise distract the driver. For this September 6, 2000. 1999 request for interpretation, MBUSA additional reason, MBUSA believes that incorporated this additional buzzer as a the extra buzzer, while not in Stephen R. Kratzke, systems check to alert vehicle operators compliance with the requirements of Associate Administrator for Safety of the proper functioning of the audible FMVSS No. 208, is not a noncompliance Performance Standards. warning system. Given the extremely that will negatively impact motor [FR Doc. 00–23333 Filed 9–11–00; 8:45 am] short duration of this additional buzzer vehicle safety. BILLING CODE 4910±59±P (approximately two seconds), MBUSA Based on the above analysis, MBUSA believes that the annoyance factor is low does not believe that the extra seat belt in comparison to the value provided by warning buzzer has any appreciable DEPARTMENT OF TRANSPORTATION the systems check. Additionally, the impact on motor vehicle safety. Surface Transportation Board brief audible signal alerted drivers to the Unbelted drivers will receive both the importance of safety belt use. While the audible and visual warnings for eight [STB Finance Docket No. 33895] 1 driver may have been buckled when this seconds as required by FMVSS No. 208 alert sounded, the extra reminder may when the vehicle’s ignition is turned to Ohio Southern Railroad, still have been helpful in reminding the ‘‘on’’ or ‘‘start’’ position. Belted IncorporatedÐAcquisition and drivers that other occupants should also drivers receive the visual warning and Operation ExemptionÐPennsylvania be sure to fasten their seat belts, a two second audible warning check Lines LLC and Norfolk Southern MBUSA believes that this reminder is that merely informs him/her that the Railway Company analogous to the Ford Motor Company’s audible warning system is operational Ohio Southern Railroad, Incorporated planned new ‘‘Belt-Minder’’ system. As and reminds the driver of the (OSRR), a Class III carrier, has filed a described at the Ford Motor Company importance of seat belt use. Due to the verified notice of exemption under 49 Web site, extremely short duration of the check CFR 1150.41 to acquire by sublease from audible warning versus the audible [t]he Belt-Minder system will use a Pennsylvania Lines LLC (PRR) and warning indicating the need to fasten safety belt usage sensor located in the Norfolk Southern Railway Company seat belts, MBUSA believes that belted belt buckle to determine whether a (NSR) and operate approximately 2.3 drivers will not be unduly bothered or driver is buckled up. The sensor feeds route miles of rail line between milepost confused by the check audible warning. this information to a control module, RQ 36.0, at Wilbren, OH, and milepost As a result, the MBUSA believes that and if a driver is unbelted when the RQ 38.1, at New Lexington, OH, there will be no diminished effect to the vehicle is in motion, a red light in the including connecting tracks in the full eight second warning to unbelted instrument panel will illuminate and a vicinity of New Lexington (line).2 drivers reminding them to buckle up. In chime will intermittently sound to The transaction was expected to be addition, the additional check buzzer remind customers to use their safety consummated promptly following the does not operate in situations where the belts. In time, the system will be effective date of the exemption. The vehicle may be in motion, thus not expanded to offer front-seat passengers earliest the transaction could be providing a distraction for vehicle the same type of reminder. operators that may interfere with 1 See, http://www.ford.com/ On August 25, 2000, the Ohio Southern operation of the vehicle. Finally, the Railroad, Incorporated filed an Amended Verified default.asp?pageid=69 &storyid=274. number of affected vehicles is small Notice of Exemption in STB Finance Docket No. Like the Ford Motor Company Belt- (i.e., approximately 7%). For the 33895. The notice being served today corrects and Minder system, the Mercedes-Benz foregoing reasons, MBUSA has supersedes the Board’s initial notice that was system also serves to remind drivers of served on July 18, 2000, and published the same requested NHTSA grant the petition for date at 65 FR 44571 by clarifying that the total the importance of seat belt use and to determination of inconsequential length of track being acquired is 2.3 route miles and assure drivers that the buzzer is noncompliance. includes connecting tracks in the vicinity of New working. Thus, MBUSA believe the Interested persons are invited to Lexington. The remainder of the Board’s July 18, buzzer enhances safety and as such submit written data, views and 2000 notice remains unchanged. 2 On July 5, 2000, NSR filed a verified notice of represents a noncompliance that is arguments on the petition of MBUSA, exemption under the Board’s class exemption inconsequential to motor vehicle safety. described above. Comments should refer procedures at 49 CFR 1180.2(d)(7). The notice MBUSA also believes that the to the Docket Number and be submitted covered an agreement between PRR, NSR and OSRR situations in which the additional to: Docket Management, National for the grant by OSRR to NSR of overhead trackage rights over the line. The trackage rights will enable buzzer will operate also does not Highway Traffic Safety Administration, NSR to continue operations over the line and negatively impact motor vehicle safety. Room PL 401, 400 Seventh Street, SW., facilitate the development of a more efficient Specifically, the additional buzzer only Washington, DC 20590. It is requested routing for both OSRR and NSR to move traffic sounds under certain conditions, that two copies be submitted. more expeditiously in the region. See Norfolk Southern Railway Company—Trackage Rights namely upon vehicle startup when the All comments received before the Exemption—Ohio Southern Railroad, Incorporated driver has already fastened his seat belt. close of business on the closing date in Perry County, OH, STB Finance Docket No. In this limited situation, the vehicle indicated below will be considered. The 33900 (STB served July 18, 2000).
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LLC and Norfolk Southern Railway Internal Revenue Service Company, STB Finance Docket No. SUMMARY: Closed meeting of the Art Open Meeting of Citizen Advocacy Advisory Panel will be held in 33902 (STB served July 18, 2000), to Panel, Brooklyn District exempt OSRR’s extension of service Washington, D.C. over Glouster Coal Company’s line DATES: The meeting will be held AGENCY: Internal Revenue Service (IRS), serving its Buckingham Mine and September 27 and 28, 2000. Treasury. OSRR’s trackage rights over NSR’s West ADDRESSES: The closed meeting of the ACTION: Notice. Secondary line from New Lexington to Art Advisory Panel will be held on SUMMARY: An open meeting of the a point near Glouster, OH. Upon September 27 and 28, 2000, in room Brooklyn District Citizen Advocacy consummation of these transactions 4600E, beginning at 9:30 a.m., Franklin Panel will be held in Brooklyn, New OSRR will be able to provide coal Court Building, 1099 14th Street, NW., York. transportation service in conjunction Washington, DC 20005. with NSR from the Buckingham Mine to DATES: The meeting will be held FOR FURTHER INFORMATION CONTACT: customers of Glouster Coal Company Karen Carolan, C:AP:AS, 1099 14th Thursday, October 12, 2000. located on or accessed via the lines of Street, NW., Washington, DC 20005. FOR FURTHER INFORMATION CONTACT: OSRR. Telephone (202) 694–1861 (not a toll Eileen Cain at 1–888–912–1227 or 718– If the verified notice contains false or free number). 488–3555. misleading information, the exemption SUPPLEMENTARY INFORMATION: SUPPLEMENTARY INFORMATION: Notice is hereby given pursuant to section is void ab initio. Petitions to reopen the Notice is hereby given pursuant to 10(a)(2) of the Federal Advisory proceeding to revoke the exemption section 10(a)(2) of the Federal Advisory under 49 U.S.C. 10502(d) may be filed Committee Act, 5 U.S.C. App. (1988) Committee Act, 5 U.S.C. App. (1988), at any time. The filing of a petition to that an operational meeting of the that a closed meeting of the Art Citizen Advocacy Panel will be held revoke will not automatically stay the Advisory Panel will be held on transaction. Thursday October 12, 2000, 6 p.m. to 9 September 27 and 28, 2000, in room p.m. at the Internal Revenue Service An original and 10 copies of all 4600E, beginning at 9:30 a.m., Franklin Brooklyn Building located at 625 Fulton pleadings, referring to STB Finance Court Building, 1099 14th Street, NW., Street, Brooklyn, NY 11201. For more Docket No. 33895, must be filed with Washington, DC 20005. information or to confirm attendance, the Surface Transportation Board, Office The agenda will consist of the review notification of intent to attend the of the Secretary, Case Control Unit, 1925 and evaluation of the acceptability of meeting must be made with Eileen Cain. K Street, N.W., Washington, DC 20423- fair market value appraisals of works of Mrs. Cain can be reached at 1–888–912– 0001. In addition, a copy of each art involved in Federal income, estate, 1227 or 718–488–3555. The public is pleading must be served on Kelvin J. or gift tax returns. This will involve the invited to make oral comments from Dowd, Esq., Slover & Loftus, 1224 discussion of material in individual tax 8:30 p.m. to 9 p.m. on Thursday, Seventeenth Street, N.W., Washington, returns made confidential by the October 12, 2000. Individual comments DC 20036. provisions of section 6103 of Title 26 of will be limited to 5 minutes. If you the United States Code. Board decisions and notices are would like to have the CAP consider a A determination as required by available on our website at written statement, please call 1–888– section 10(d) of the Federal Advisory ‘‘WWW.STB.DOT.GOV.’’ 912–1227 or 718–488–3555, or write Committee Act has been made that this Eileen Cain, CAP Office, P.O. Box R, Decided: September 5, 2000. meeting is concerned with matters listed Brooklyn, NY, 11201. By the Board, David M. Konschnik, in section 552b(c)(3), (4), (6), and (7) of The Agenda will include the Director, Office of Proceedings. Title 5 of the United States Code, and following: various IRS issues. that the meeting will not be open to the Vernon A. Williams, Note: Last minute changes to the agenda Secretary. public. are possible and could prevent effective [FR Doc. 00–23340 Filed 9–11–00; 8:45 am] The Commissioner of Internal advance notice. Revenue has determined that this BILLING CODE 4915±00±P document is not a significant regulatory Dated: August 30, 2000. action as defined in Executive Order John J. Mannion, 12866 and that a regulatory impact Program Manager, TAS. analysis therefore is not required. [FR Doc. 00–23389 Filed 9–11–00; 8:45 am] Neither does this document constitute a BILLING CODE 4830±01±P
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Corrections Federal Register Vol. 65, No. 177
Tuesday, September 12, 2000
This section of the FEDERAL REGISTER 546+5566’’ should read ‘‘(202) 564– DEPARTMENT OF HOUSING AND contains editorial corrections of previously 5566’’. URBAN DEVELOPMENT published Presidential, Rule, Proposed Rule, and Notice documents. These corrections are [FR Doc. C0–22051 Filed 9–11–00; 8:45 am] [Docket No. FR±4566±N±11] prepared by the Office of the Federal BILLING CODE 1505±01±D Register. Agency prepared corrections are Notice of Proposed Information issued as signed documents and appear in Collection: Comment Request, the appropriate document categories OFFICE OF GOVERNMENT ETHICS Historically Black Colleges and elsewhere in the issue. Universities (HBCUs) Program 5 CFR Part 2635 Correction RIN 3209±AAO4 DEPARTMENT OF ENERGY In notice document 00–22351 Standards of Ethical Conduct for beginning on page 53022, in the issue of Federal Energy Regulatory Employees of the Executive Branch; Thursday, August 31, 2000, make the Commission Definition of Compensation for following corrections: Purposes of Prohibition on 1. On page 53022, in the third [Docket No. EC00±125±001] Acceptance of Compensation in column, the 26th line from the bottom, Connection With Certain Teaching, ‘‘ 28880’’ should read ‘‘2880’’. Casco Bay Energy Company, LLC, Speaking and Writing Activities 2. On the same page, in the same Duke Energy Oakland, LLC, Duke column, in the last paragraph, in the Correction Energy Trenton, LLC, Duke Energy fifth line, ‘‘20754’’ should read ‘‘27054’’. South Bay, LLC, Duke Energy Morro Interim rule document 00–22612 was Bay, LLC, and Duke Energy Moss inadvertently published in the Proposed [FR Doc. C0–22351 Filed 9–11–00; 8:45 am] Landing, LLC; Notice of Filing Rules section of the issue of Tuesday, BILLING CODE 1505±01±D September 5, 2000 beginning on page Correction 53650. It should have appeared in the In notice document 00–22474 Rules and Regulations section. DEPARTMENT OF TRANSPORTATION appearing on page 53284 in the issue of [FR Doc. C0–22612 Filed 9–11–00; 8:45 am] Federal Aviation Administration Friday, September 1, 2000, the docket BILLING CODE 1505±01±D number should read as set forth above. 14 CFR Part 71 [FR Doc. C0–22474 Filed 9–11–00; 8:45 am] BILLING CODE 1505±01±D DEPARTMENT OF HEALTH AND [Airspace Docket No. 00±AGL±17] HUMAN SERVICES Modification of Class E Airspace; Health Care Financing Administration Dickinson, ND ENVIRONMENTAL PROTECTION Correction AGENCY 42 CFR Parts 447 and 457 In rule document 00–21815 beginning State Child Health; State Children's on page 52015 in the issue of Monday, [FRL 6857±8] Health Insurance Program Allotments August 28, 2000, make the following Proposed Settlement Agreement, and Payments to States correction: Clean Air Act Petitions for Review Correction §71.1 [Corrected] Correction In the issue of Monday, June 19, 2000, On page 52016, in the first column, in on page 38027, in the second column, §71.1, under the heading ‘‘AGL ND E5 In notice document 00–22051 in the correction of rule document 00- Dickinson, ND [Revised]’’, in the 13th appearing on page 52424, in the issue of 12879, CFR title ‘‘45’’ is corrected to line, ‘‘225.2–mile’’ should read ‘‘25.2– Tuesday, August 29, 2000, make the read CFR title ‘‘42’’ as set forth above. mile’’. following correction: On page 52424, in the third column, [FR Doc. C0–12879 Filed 9–11–00; 8:45 am] [FR Doc. C0–21815 Filed 9–11–00; 8:45 am] the 10th line from the bottom, ‘‘(202) BILLING CODE 1505±01±D BILLING CODE 1505±01±D
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Part II
Department of Health and Human Services Health Care Financing Administration
42 CFR Parts 410 and 414 Medicare Program; Payment of Ambulance Services, Fee Schedule; and Revision to Physician Certification Requirements for Coverage of Nonemergency Ambulance Services; Proposed Rule
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DEPARTMENT OF HEALTH AND Room 443–G, Hubert H. Humphrey and prospective payment systems for HUMAN SERVICES Building, 200 Independence Avenue, Medicare payment. In the case of SW, Washington, DC 20201, or ambulance services, the reasonable Health Care Financing Administration C5–15–03, Central Building, 7500 charge methodology has resulted in a Security Boulevard, Baltimore, MD wide variation of payment rates for the 42 CFR Parts 410 and 414 21244–1850. same service depending on location. In [HCFA±1002±P] Comments mailed to the two above addition, this payment methodology is addresses may be delayed and received administratively burdensome, requiring RIN 0938±AK07 too late to be considered. substantial recordkeeping for historical Because of staffing and resource charge data. The Congress, under the Medicare Program; Fee Schedule for limitations, we cannot accept comments Balanced Budget Act of 1997 (BBA), Payment of Ambulance Services and by facsimile (FAX) transmission. In (Pub. L. 105–33), mandated the Revisions to the Physician commenting, please refer to file code establishment of a fee schedule for Certification Requirements for HCFA–1002–P. payment of ambulance services. Coverage of Nonemergency Comments received timely will be Ambulance Services available for public inspection as they B. Recent Legislation AGENCY: Health Care Financing are received, generally beginning 1. Balanced Budget Act of 1997 Administration (HCFA), HHS. approximately 3 weeks after publication Section 4531(b)(2) of the BBA added ACTION: Proposed rule. of a document, in Room 443–G of the a new section 1834(l) to the Social Department’s offices at 200 Security Act (the Act). Section 1834(l) of SUMMARY: This proposed rule would Independence Avenue, SW, the Act requires that we establish a establish a fee schedule for the payment Washington, DC 20201, on Monday national fee schedule for payment of of ambulance services under the through Friday of each week from 8:30 ambulance services furnished under Medicare program, implementing a.m. to 5 p.m. (phone: (202) 690–7890). Medicare Part B. This section also section 1834(l) of the Social Security FOR FURTHER INFORMATION CONTACT: requires that in establishing the Act. As required by that section, this Margot Blige, (410) 786–4642, for ambulance fee schedule, we will— proposed fee schedule for ambulance coverage issues. Glenn McGuirk, (410) • Establish mechanisms to control services was the product of a negotiated 786–5723, for payment issues. increases in expenditures for ambulance rulemaking process that was carried out SUPPLEMENTARY INFORMATION: services under Part B of the Medicare consistent with the Federal Advisory I. Background program; Committee Act. The fee schedule • Establish definitions for ambulance described in this proposed rule would A. Current Payment System services that link payments to the type replace the current retrospective of services furnished; reasonable cost reimbursement system The Medicare program pays for ambulance services on a reasonable cost • Consider appropriate regional and for providers and the reasonable charge operational differences; system for suppliers of ambulance basis when furnished by a provider and on a reasonable charge basis when • Consider adjustments to payment services. In addition, this proposed rule rates to account for inflation and other would require that payment for furnished by a supplier. (For purposes of this discussion, the term ‘‘provider’’ relevant factors; ambulance services would be made only • Phase in the fee schedule in an on an assignment related basis; establish means all Medicare-participating institutional providers that submit efficient and fair manner; and, new codes to be reported on claims for • claims for Medicare ambulance services Require payment for ambulance ambulance services; establish increased services be made only on an assignment payment for ambulance services (hospitals (including critical access hospitals), skilled nursing facilities related basis. furnished in rural areas based on the In addition, the BBA requires that location of the beneficiary at the time (SNFs), and home health agencies (HHAs)). The term ‘‘supplier’’ means an ambulance services covered under the patient is placed on board the Medicare be paid based on the lower of ambulance; and revise the physician entity that is independent of any provider.) The reasonable charge the actual billed charge or the certification requirements for coverage ambulance fee schedule amount. The of nonemergency ambulance services. methodology which is the basis of payment for ambulance services BBA also requires that total payments DATES: We will consider comments if furnished by ambulance suppliers is under the ambulance fee schedule may we receive them at the appropriate determined by the lowest of the be no more than what would have been address, as provided below, no later customary, prevailing, actual, or paid if the ambulance fee schedule were than 5 p.m. on November 13, 2000. inflation indexed charge (IIC). not in effect. As discussed below, we ADDRESSES: Mail written comments (one The following describes the current intended to incorporate $65 million in original and three copies) to the billing methods for ambulance services: program savings in the 1998 base year following address ONLY: Health Care • Method 1 is a single, all-inclusive data upon which the ambulance fee Financing Administration, Department charge reflecting all services, supplies, schedule is calculated consistent with of Health and Human Services, Attn: and mileage. the statutory requirement that, in the HCFA–1002–P, P.O. Box 8013, • Method 2 is one charge reflecting aggregate, we pay no more than would Baltimore, MD 21244–8013. all services and supplies (base rate) with have been paid in the absence of the fee Since comments must be received by a separate charge for mileage. schedule for CY 2001. This amount the date specified above, please allow • Method 3 is one charge for all correlates to $67.3 million when sufficient time for mailed comments to services and mileage, with a separate updated for the effects of inflation. be received timely in the event of charge for supplies. 2. Balanced Budget Refinement Act of delivery delays. If you prefer, you may • Method 4 is separate charges for 1999 deliver your written comments (one services, mileage, and supplies. original and three copies) by courier to Over the past 20 years, the Congress Section 412 of the Medicare, one of the following addresses: has been moving towards fee schedules Medicaid, and the State Child Health
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Insurance Program Balanced Budget ground ambulance services relative to a until January 1, 2001. This action is in Refinement Act of 1999 (BBRA) basic life support ground ambulance keeping with our objective to have the provided a new definition for the term service, a factor is needed in order to ambulance fee schedule become ‘‘rural’’ in the context of the Medicare convert the relative value to a dollar effective as soon as possible after the coverage provision for paramedic amount equal to the national base January 1, 2000 statutory date, given our advanced life support (ALS) intercept payment rate. In order to determine the Year 2000 activities and our other services. The BBRA states that, effective conversion factor (CF), the general statutory obligations to implement for services furnished on or after approach is first to determine the total various revised payment systems in January 1, 2000: amount of money available and divide calendar year 2000. that total by the total number of relative An area shall be treated as a rural area if D. Negotiated Rulemaking Process it is designated as a rural area by any law or value units. As we describe in more regulation of the State or if it is located in detail below, we used 1998 Medicare Section 1834(l)(1) of the Act provided a rural census tract of a metropolitan ambulance claims data to determine the that the ambulance fee schedule be statistical area (as determined under the most total RVUs in this calculation. The total established through the negotiated recent Goldsmith modification, originally dollars is equal to the total allowed rulemaking process described in the published in the Federal Register on Negotiated Rulemaking Act of 1990 February 27, 1992 (57 Fed. Reg. 6725)). charges for all ambulance services billed to Medicare in 1998, less the $65 (Pub. L. 101–648, 5 U.S.C. 561–570). This definition applies only to the million adjustment for those basic life Prior to using negotiated rulemaking Medicare paramedic ALS intercept support (BLS) services that had been under the Negotiated Rulemaking Act, benefit implemented at 42 CFR paid at the advanced life support (ALS) the head of an agency must generally 410.40(c). This is a very limited benefit services payment rate, as described in consider whether the following and to date we know of only one State Section 1834(l)(3) of the Act. This conditions exist: (New York) with areas that meet the section states that, in establishing the • There is a need for a rule. statutory requirements. (See the March ambulance fee schedule, the Secretary • There are a number of identifiable 15, 2000 final rule (65 FR 13911).) For must ensure that the aggregate amount interests that will be significantly all other ambulance services, the of payment made for ambulance affected by the rule. definition of ‘‘rural’’ specified in this services in calendar year (CY) 2000 does • There is a reasonable likelihood that proposed rule would apply. not exceed the aggregate amount of a committee can be convened with C. Components of Ambulance Fee payment that would have been made a balanced representation of Schedule Payment Amounts absent the fee schedule. In the January persons who— In general, the payment amount for 22, 1999 notice concerning the + Can adequately represent the each air ambulance service paid under negotiated rule meetings, we stated that, interests identified; and, the ambulance fee schedule would be although we were postponing final + Are willing to negotiate in good the product of two primary factors: (1) agency action on the proposal to define faith to reach a consensus on the BLS and ALS services because of the proposed rule. A nationally uniform unadjusted base • rate; and (2) a geographic adjustment BBA requirement that this issue be There is a reasonable likelihood that factor for an ambulance fee schedule subject to negotiated rulemaking, we a committee will reach a consensus area. A detailed description of these believe that the savings that would have on the proposed rule within a fixed been realized through implementation time frame. factors is discussed in this proposed • rule. of that policy should not be lost to the The negotiated rulemaking procedure In general, the payment amount for Medicare program. We determined that will not unreasonably delay the each ground ambulance service paid $65 million in program savings would notice of proposed rulemaking and have been realized in the base year 1998 the issuance of a final rule. under the ambulance fee schedule • would be the product of three primary data if the final rule had been in effect. The agency has adequate resources factors: (1) A nationally uniform relative The total RVUs are equal to the sum of and is willing to commit its value for the service; (2) a geographic the total number of allowed services resources, including technical that were billed in 1998 for each of the assistance, to the committee. adjustment factor for an ambulance fee • schedule area; and (3) a nationally categories (levels) of ambulance services The agency, to the maximum extent uniform conversion factor (CF) for the established by the negotiated possible consistent with the legal service. A detailed description of these rulemaking committee multiplied by the obligations of the agency, will use factors is discussed in this proposed respective relative value of each of the the consensus of the committee as rule. new levels of service. the basis for the rule proposed by Relative value units (RVUs) measure Section 4531(b)(3) of the BBA the agency for notice and comment. the value of ambulance services relative provides that the fee schedule was to be Negotiations were conducted by a to the value of a base level ambulance effective for ambulance services committee chartered under the Federal service. Thus, if the value of the furnished on or after January 1, 2000. Advisory Committee Act (FACA) (5 resources necessary to furnish service B However, because of other statutory U.S.C. App. 2). We used the services of are twice the value of the resources obligations and the scope of systems an impartial convener to help identify needed to furnish service A, service B changes required to implement the interests that would be significantly will have RVUs that are twice the value ambulance fee schedule, we could not affected by the proposed rule (including of the RVUs for service A. RVUs are meet this statutory deadline while residents of rural areas) and the names multiplied by a CF expressed as a dollar assuming that our respective systems of persons who were willing and value to produce a payment amount. were compliant with the Year 2000 qualified to represent those interests. The RVUs represent, on average, the requirements. Therefore, because we The Negotiated Rulemaking Committee relative resources associated with the were unable to implement the on the Medicare Ambulance Services various levels of ambulance services. ambulance fee schedule on January 1, Fee Schedule (that is, ‘‘the Committee’’) Because the fee schedule is based on 2000, we delayed implementation of the consisted of national representatives of the relative values of different levels of fee schedule for ambulance services interests that were likely to be
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We knowledge and skill of the First ambmain.htm.) determined that $65 million in program Responder, but is also qualified to To the extent that this proposed rule savings would have been realized in the function as the minimum staff for an accurately reflects the Committee base year 1998 data if the final rule had ambulance. EMT—Intermediate Statement as signed on February 14, been in effect. After adjusting for personnel has the knowledge and skills 2000, each member to the Committee inflation, program savings for CY 2001 identified at the First Responder and has agreed not to comment on those have been estimated at $67.6 million. EMT—Basic levels, but is also qualified issues on which consensus was reached. Therefore, in the January 22, 1999 to perform essential advanced E. Interaction With the Proposed Rule notice (64 FR 3474), we stated that we techniques and to administer a limited Published on June 17, 1997 intended to incorporate these savings in number of medications. The EMT— the base amount upon which the fee Paramedic, in addition to having the On June 17, 1997, we published a schedule is calculated consistent with competencies of an EMT—Intermediate, proposed rule (62 FR 32715) in the the statutory requirement that in the has enhanced skills and can administer Federal Register to revise and update aggregate we pay no more than would additional interventions and the Medicare ambulance services have been paid in the absence of the fee medications. regulations at 42 CFR 410.40. schedule. Since the release of the Blueprint, a Specifically, we proposed: to base consensus panel of EMS educators has Medicare payment on the level of II. Provisions of the Proposed Rule recommended that the Department of ambulance service required to treat the A. Proposed Changes Based on Transportation, National Highway beneficiary’s condition; to clarify and Negotiated Rulemaking Traffic and Safety Administration (DOT/ revise the policy on coverage of NHTSA) revise the document. DOT/ nonemergency ambulance services; and In accordance with the negotiated NHTSA has accepted the to set national vehicle, staff, billing, and rulemaking procedures described above, recommendation of the panel and reporting requirements. As noted above, we propose the following additions to expects to release a revised Blueprint or section 1834(l)(2) of the Act provides, in Part 414 based on the recommendations an equivalent document in the near part, that in establishing the ambulance of the Committee. future. fee schedule, the Secretary will 1. Definitions and levels of services. To request a copy of the National establish definitions for ambulance In Part 414, we propose to add Subpart Emergency Medical Services Education services that link payments to the types H, § 414.605 that would define several and Practice Blueprint, please fax your of services furnished. One of the levels of ground ambulance services request to: NHTSA/EMS Division, (202) provisions of the June 17, 1997 ranging from BLS to specialty care 366–7721. Please include your name proposed rule would have defined transport. (Note that the term ‘‘ground’’ and address. Because of staffing and ambulance services as either BLS or refers to both land and water resource limitations NHTSA will ALS and linked Medicare payment to transportation. The definitions and forward the requested document via the type of service required by the RVUs for each of the levels of service regular mail. beneficiary’s condition. We received a are described in § 414.605, There would be two levels of air large number of comments on this issue, ‘‘Definitions.’’) Also, the rate per ground ambulance services to distinguish fixed and, in general, commenters were very mile for all ground ambulance services wing from rotary wing (helicopter) concerned about our proposal. In light would be the same for each level of aircraft. In addition, to recognize the of that concern and because defining service. operational cost differences of the two ambulance services is a required During 1990, the development of a types of aircraft, there would be two element of this negotiated rulemaking training blueprint and the evaluation of distinct payment amounts for air (under section 1834(l) of the Act), we current levels of prehospital provider ambulance mileage. The air ambulance decided not to proceed with a final rule training and certification were services mileage rate would be on the definition of BLS and ALS identified as priority needs for national calculated per actual loaded (patient services. Instead, we included this issue emergency medical services (EMS). As a onboard) miles flown, expressed in as a matter for the Committee. We did, result, the National EMS Training statute miles (that is, ground, not however, proceed with a final rule on Blueprint Project was formed. nautical, miles.) all other issues of the June 17, 1997 In May 1993, representatives of EMS We are proposing the following seven proposed rule. That rule was published organizations adopted the National EMS levels of ambulance services. on January 25, 1999 (64 FR 3637). Education and Practice Blueprint a. Basic Life Support (BLS)—When Section 1834(l)(3) of the Act provides (Blueprint) consensus document. This medically necessary, the provision of that, in establishing the ambulance fee consensus document is used as the basis basic life support (BLS) services as schedule, the Secretary must ensure that for defining the levels of service. As defined in the National Emergency the aggregate amount of payment made stated in the National EMS Education Medicine Services (EMS) Education and for ambulance services in calendar year and Practice Blueprint, Executive Practice Blueprint for the Emergency (CY) 2000 does not exceed the aggregate Summary, printed September 1993, Medical Technician-Basic (EMT-Basic) amount of payment that would have ‘‘The Blueprint divides the major areas including the establishment of a been made absent the fee schedule. In of prehospital instruction and/or core peripheral intravenous (IV) line. the January 22, 1999 notice concerning performance into 16 ’core elements’.’’ b. Advanced Life Support, Level 1 the negotiated rule meetings, we stated For each core element, the Blueprint (ALS1)—When medically necessary, that, although we were postponing final recommends that there be four levels of this is the provision of an assessment by agency action on the proposal to define prehospital EMS providers an advanced life support (ALS) BLS and ALS services because of the ‘‘corresponding to various knowledge ambulance provider or supplier and the
VerDate 112000 10:16 Sep 11, 2000 Jkt 190000 PO 00000 Frm 00004 Fmt 4701 Sfmt 4702 E:\FR\FM\12SEP2.SGM pfrm04 PsN: 12SEP2 Federal Register / Vol. 65, No. 177 / Tuesday, September 12, 2000 / Proposed Rules 55081 furnishing of one or more ALS from which the beneficiary is The GPCI would be applied to 70 interventions. An ALS assessment is transported to the nearest hospital with percent of the base payment rate for performed by an ALS crew and results appropriate facilities is inaccessible by ground ambulance services; this in the determination that the patient’s ground vehicle, or great distances or percentage approximates the portion of condition requires an ALS level of care, other obstacles (for example, heavy ground ambulance service costs that are even if no other ALS intervention is traffic) and the beneficiary’s medical represented by salaries. Similarly, the performed. An ALS provider or supplier condition is not appropriate for GPCI would be applied to 50 percent of is defined as a provider trained to the transport by either BLS or ALS ground the base payment rate for air ambulance level of the EMT-Intermediate or ambulance. services. The GPCI would not be applied to the mileage payment rate. In Paramedic as defined in the National 2. Emergency Response Adjustment addition, the applicable GPCI would be EMS Education and Practice Blueprint. Factor An ALS intervention is defined as a based on the geographic location at procedure beyond the scope of an EMT- We are proposing to add § 414.610, which the beneficiary is placed on Basic as defined in the National EMS ‘‘Basis of Payment,’’ paragraph (c)(1), to board the ambulance. Education and Practice Blueprint. state that for the BLS and ALS1 levels We would use the most recent GPCI; c. Advanced Life Support, Level 2 of service, an ambulance service that the physician fee schedule law requires (ALS2)—When medically necessary, the qualifies as an emergency response that the GPCI be updated every 3 years. administration of at least three different service would be assigned higher RVUs The next revision will be effective medications or the provision of one or to recognize the additional costs January 1, 2001. We anticipate using the more of the following ALS procedures: incurred in responding immediately to updated data, which was proposed in • Manual defibrillation/ an emergency medical condition. An the July 17, 2000 proposed rule on the cardioversion. immediate response is one in which the physician fee schedule (65 FR 44176). • Endotracheal intubation. ambulance supplier begins as quickly as b. Services furnished in rural areas: • Central venous line. possible to take the steps necessary to We are proposing to add • Cardiac pacing. respond to the call. No emergency § 414.610(c)(1)(v) which would state • Chest decompression. response adjustment factor applies to PI, that an adjustment would be made to • Surgical airway. ALS2, SCT, FW, or RW. increase the base payment rate for • Intraosseous line. ambulance services furnished in rural d. Specialty Care Transport (SCT)— 3. Operational Variations areas. This adjustment would be made When medically necessary, for a We are proposing to add § 414.610(a) because of the additional cost per critically injured or ill beneficiary, a which would state that the ambulance ambulance trip of isolated, essential level of interhospital service furnished fee schedule applies to all entities that ambulance suppliers (that is, when beyond the scope of the paramedic as furnish ambulance services, regardless there is only one ambulance service in defined in the National EMS Education of type. For example, all public or a given geographic area) for which there and Practice Blueprint. This is private, for profit or not-for-profit, are not many trips furnished over the necessary when a beneficiary’s volunteer, government-affiliated, course of a typical month because of a condition requires ongoing care that institutionally-affiliated or owned, or small rural population. While we must be furnished by one or more health wholly independent supplier recognize the inadequacy of the professionals in an appropriate specialty ambulance companies, however methodology to completely compensate area (for example, nursing, emergency organized, would be paid according to for these costs (that is, not every rural medicine, respiratory care, this ambulance fee schedule. ambulance supplier is isolated, cardiovascular care, or a paramedic with essential, low-volume, and the additional training). 4. Regional Variations definition of rural we are proposing is e. Paramedic ALS Intercept (PI)— a. Cost of living differences: not as precise as other alternatives), we These services are defined in § 410.40(c) The payment for ambulance services propose an additional adjustment to ‘‘Paramedic ALS Intercept Services’’. would be adjusted to reflect the varying increase the mileage rate if the location These are ALS services furnished by an costs of conducting business in different at which the beneficiary is placed on entity that does not provide the regions of the country. We would adjust board the ambulance is located in a ambulance transport. Under limited the payment by the geographic rural area. The definition of a rural area circumstances, Medicare payment may adjustment factor (GAF), equal to the would be an area outside a Metropolitan be made for these services. (To obtain practice expense (PE) portion of the Statistical Area (MSA) or a New additional information about paramedic geographic practice cost index (GPCI) England County Metropolitan Area, or ALS intercept services, please refer to for the Medicare physician fee schedule. an area within an MSA identified as the March 15, 2000 final rule (65 FR (For purposes of this document, we use rural, using the Goldsmith modification. 13911)). the abbreviation ‘‘GPCI’’ to mean the PE The Goldsmith modification evolved f. Fixed Wing Air Ambulance (FW)— portion of the GPCI.) The GPCI is an from an outreach grant program Fixed wing air ambulance services are index that reflects the relative costs of sponsored by the Office of Rural Health covered when the point from which the certain components of a physician’s Policy of the Health Resources and beneficiary is transported to the nearest costs of doing business (for example, Services Administration (HRSA) of the hospital with appropriate facilities is employee salaries, rent, and Department of Health and Human inaccessible by land vehicle, or great miscellaneous expenses) in one area of Services. This program was created to distances or other obstacles (for the country versus another. The establish an operational definition of example, heavy traffic) and the geographic areas would be the same as rural populations lacking easy beneficiary’s medical condition is not those used for the physician fee geographic access to health services in appropriate for transport by either BLS schedule. (A detailed discussion of the large counties with metropolitan cities. or ALS ground ambulance. physician fee schedule areas can be Using 1980 census data, Dr. Harold F. g. Rotary Wing Air Ambulance (RW)— found in the July 2, 1996 proposed rule Goldsmith and his associates created a Rotary wing (helicopter) air ambulance (61 FR 34615) and the November 22, methodology for identifying rural services are covered when the point 1996 final rule (61 FR 59494).) census tracts located within a large
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Additional information regarding the as follows: $5 for ground ambulance, $6 Our present regulations (at Goldsmith modification can be found on for fixed wing ambulance, and $16 for §§ 410.40(d)(2) and 410.40(d)(3)) set the Internet at http://www.nal.usda.gov/ rotary wing ambulance. Payment for forth the requirements for scheduled orhp/Goldsmith.htm. some mileage in rural areas is made at and unscheduled nonemergency We could not easily adopt and a higher rate and is discussed in detail ambulance transports. The regulations implement, within the timeframe later in this proposed rule. require ambulance suppliers to obtain, necessary to implement the fee schedule from the beneficiary’s attending by January 1, 2001, a methodology for 6. Structure of the Fee Schedule for physician, a written physician statement recognizing geographic population Ambulance Services certifying the medical necessity of density disparities other than MSA/non- We are proposing in § 414.610(a) that requested ambulance transports. MSA. However, we will consider the fee schedule payment for ambulance Section 410.40(d)(3)(i) specifies that, alternative methodologies that may services would equal a base rate in cases when a beneficiary living in a more appropriately address payment to payment plus payments for mileage and facility and under the direct care of a isolated, low-volume rural ambulance applicable adjustment factors. (See physician requires nonemergency, suppliers. Thus, the rural adjustment in Table 1 for a description of the structure unscheduled transport, the physician’s this rule is a temporary proxy to of the ambulance fee schedule.) certification can be obtained up to 48 recognize the higher costs of certain hours after transport. After publication low-volume rural supplies. 7. Ambulance Inflation Factor of this rule, we were made aware of In the process of evaluating the We are proposing to add § 414.615, instances in which ambulance operation of the regulations developed ‘‘Transition methodology for suppliers, despite having provided through the negotiated rulemaking implementing the ambulance fee ambulance transports, were process, there are several difficult issues schedule,’’ which would state that the experiencing difficulty in obtaining the that will need to be resolved. Examples ambulance fee schedule would include necessary physician certification of such issues include: (1) the ambulance inflation factor specified statements within the required 48-hour Appropriately identifying an ambulance in section 1834(l)(3) of the Act and timeframe. supplier as rural; (2) identifying the discussed below. While we still believe that the 48-hour supplier’s total ambulance volume timeframe is the appropriate standard, (since Medicare only has a record of its 8. Phase-in Methodology we recognize that there may be Medicare services); and (3) identifying We are proposing to add § 414.615 instances when, not through fault of whether the supplier is isolated, given that would provide for a 4-year their own, it may not be possible for the that some suppliers might not furnish transition period. (The phase-in ambulance suppliers to meet the services for Medicare (that is, Medicare schedule is described in section IV.) requirement. Therefore, we have would have no record of their existence) determined that there is a need to revise B. Proposed Changes Not Based on and clarify this requirement (as and one of these suppliers may be Negotiated Rulemaking located near an otherwise ‘‘isolated’’ described in § 410.40, ‘‘Coverage of supplier. Addressing these issues in We are proposing changes to certain ambulance services,’’ paragraph (d)(3)). some cases will require the collection of policies that were not within the scope Before submitting a claim, the data that is currently unavailable. We of the negotiated rulemaking process. ambulance supplier must obtain: (1) A intend to work with the industry to These proposed changes are as follows: signed physician certification statement from the attending physician; (2) if the identify and collect all pertinent data as 1. Coverage of Ambulance Services soon as possible, and we encourage ambulance supplier is unable to obtain comments regarding the type and source In § 410.40(b), we are proposing to a signed physician certification of data that could be used for this revise the introductory language to statement from the attending physician, purpose. provide a cross reference to § 414.605 a signed physician certification must be The application of the rural for a description of the specific levels of obtained from either the physician, adjustment would be determined by the services. We are proposing to revise physician assistant, nurse practitioner, geographic location at which the paragraph § 410.40(d)(1) to state that clinical nurse specialist, registered beneficiary is placed on board the transportation includes fixed wing and nurse, or discharge planner who is ambulance. The rural adjustment would rotary wing ambulances. Also, we are employed by the hospital or facility be made using the following proposing to revise § 410.40(d)(3) by where the beneficiary is being treated methodology: adding two options to document and who has personal knowledge of the • Ground—A 50 percent add-on medical necessity. beneficiary’s condition at the time the transport is ordered or the service was applied to only the mileage payment 2. Physician Certification Requirements rate for the first 17 loaded miles. furnished (the term physician • Air—A 50 percent add-on applied On January 25, 1999, we published a certification statement will also be to the base rate and to all of the loaded final rule (64 FR 3637) that updated applicable to statements signed by other mileage. Medicare coverage policy concerning authorized individuals); or (3) if the ambulance services. That final rule supplier is unable to obtain the required 5. Mileage provided the documentation statement as described in 1 and 2 above We are proposing to add requirements for coverage of within 21 calendar days following the § 414.610(c)(1) that would state that nonemergency ambulance services for date of service, the ambulance supplier mileage would be paid separately from Medicare beneficiaries. The rule must document its attempts to obtain the base rate. The payment for mileage requires ambulance suppliers to obtain, the physician certification statement reflects the costs attributable to the use from the beneficiary’s attending and may then submit the claim.
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Acceptable documentation must include requirement (see section 1834 (1)(2)(C) payment would be made as if the a signed return receipt from the U.S. of the Act) to link payments to the types beneficiary had not died). Postal Service or similar delivery of services furnished. c. Multiple Arrivals—When multiple service. A signed return receipt will units respond to a call for services, we 6. Mandatory Assignment serve as proof that the ambulance would pay the entity that provides the supplier attempted to obtain the In § 414.610, we would state that transportation for the beneficiary. The required physician certification effective January 1, 2001, all payments transporting entity would bill for all statement from the beneficiary’s for ambulance services must be made on services furnished, as stated in current attending physician. an assignment-related basis. Ambulance policy. For example, if BLS and ALS In all cases, the appropriate suppliers must accept the Medicare entities respond to a call and the BLS documentation must be kept on file and, allowed charge as payment in full and entity furnishes the transportation after upon request, presented to the carrier or not bill the beneficiary any amount an ALS assessment is furnished, the intermediary. It is important to note that other than unmet Part B deductible or BLS entity would bill using the ALS1 neither the presence nor absence of the coinsurance amounts. There is no rate. We would pay the BLS entity at the signed physician certification statement transitional period for mandatory ALS1 rate. The BLS entity and the ALS necessarily proves (or disproves) assignment. entity would have to negotiate payment whether the transport was medically for the ALS assessment. necessary. The ambulance supplier 7. Miscellaneous Payment Policies d. BLS Services in an ALS Vehicle— must meet all coverage criteria in order Although not included in the Effective January 1, 2001, claims will be for payment to be made. proposed regulations, we are clarifying paid at the BLS level where an ALS vehicle was used but no ALS level of 3. Payment During the First Year the following payment policies. a. Multiple patients—Occasionally, an service was furnished. Claims must be As explained below in more detail, ambulance will transport more than one filed using the appropriate BLS code. we would use the universe of claims patient at a time. (For example, this may There is no transitional period for paid in 1998 (reduced by the $65 happen at the scene of a traffic claims paid at the BLS level for non- million savings that would have been accident.) In this case, we propose to ALS services rendered in an ALS realized through implementation of the prorate the payment as determined by vehicle. BLS and ALS definitions proposed in the ambulance fee schedule among all of III. Methodology for Determining the the June 17, 1997 proposed rule (62 FR the patients in the ambulance. For Conversion Factor 32718)) to establish the CF and would example, if two patients were Our approach to determining the CF index the 1998 dollars to 2001 dollars transported at one time, and one was a using the compounded inflation factors would be to: (1) Use the most recent Medicare beneficiary and the other was complete year of ambulance claims; (2) provided by section 1834(l)(3) of the not, we would make payment based on Act. (The transition and the inflation translate those claims into the format one-half of the ambulance fee schedule that would have been used under the fee factors are described in proposed amount for the level of medically § 414.615.) schedule; and (3) calculate the CF to be appropriate service furnished to the applied to the RVUs of the different 4. Billing Method Medicare patient. The Medicare Part B levels of service that would result in the In § 414.610, we would state that after coinsurance, deductible, and same total program payment for those the transition period, we would bundle assignment rules would apply to this claims less $65 million. We would then into the base rate payment all items and prorated payment. inflate this CF in accordance with the services furnished within the Similarly, if both patients were inflation factor prescribed in the statute. ambulance service benefit. This would Medicare beneficiaries, payment for (See section 1834(1)(3) of the Act.) We eliminate billing on an itemized basis each beneficiary would be made based used 1998 as the base year because this for any items and services related to the on half of the ambulance fee schedule was the most recent complete year for ambulance service (for example, oxygen, amount for the level of medically which claims data were available. For drugs, extra attendants, and EKG appropriate services furnished to each claims processed by carriers (that is, testing). In addition, only the base rate patient. The Medicare Part B claims from independent ambulance code and the mileage code would be coinsurance, deductible, and suppliers), we used allowed charges. used to bill Medicare. (This decision assignment rules would apply to these For claims processed by fiscal was made, in accordance with section prorated amounts. intermediaries (FIs) from provider-based 1834(l)(7) of the Act, which gives us the b. Pronouncement of death—There ambulance services, we used the authority to specify a uniform coding are three rules that apply to ambulance submitted charges on the Medicare system.) During the transition period, services and the pronouncement of claims multiplied by the cost-to-charge suppliers who currently use billing death. First, if the beneficiary was ratio applicable to the ambulance costs methods 3 or 4 may continue to bill for pronounced dead by an individual who for that provider. supplies separately. is licensed to pronounce death in that We decided that choosing the most State prior to the time that the common number of miles on existing 5. Local or State Ordinances ambulance is called, no payment would claims would be the best estimate as to In § 414.610, we would state that, be made. Second, if the beneficiary is those claims that did not report mileage. regardless of any local or State pronounced dead after the ambulance is The research indicated that the mode for ordinances that contain provisions on called but before the ambulance arrives urban claims was 1, and the mode for ambulance staffing or furnishing of all at the scene, payment for an ambulance rural claims was also 1. ambulance services by ALS suppliers, trip would be made at the BLS rate, but We modified the claims data in we would pay the appropriate no mileage would be paid. Third, if the several ways to calculate the proposed ambulance fee schedule rate for the beneficiary is pronounced dead after fee schedule and its impact. First, we services that are actually required by the being loaded into the ambulance, separated all claims into two groups: condition of the beneficiary. This policy payment would be made following the • Carrier processed claims for derives from the Medicare statutory usual rules (that is, the same level of ambulance services (8 million in 1998).
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• FI processed claims for ambulance A0999 represent ambulance services, emergency ALS codes according to the services (900,000 in 1998). supplies, and equipment that are following formulas: covered by the ambulance fee schedule, • For claims on which both the origin A. Carrier Processed Claims and CPT codes 93005 and 93041 and destination was a hospital: 33 Not all of the 1998 claims were represent electrocardiogram (EKG) percent would convert to specialty care directly usable for purposes of the services that may be billed by transport (SCT), 5 percent to advanced proposed ambulance fee schedule. Some ambulance suppliers. In addition, we life support, level two (ALS2), and the of the claims did not show mileage and, included all HCPCS billing codes in the remainder to ALS1—Emergency. because mileage would be required for range of A4000 through Z9999; these • For all other claims: 8.3 percent each ambulance service under the fee services may only be paid by a carrier would convert to ALS2, and the schedule, an adjustment had to be made to an ambulance supplier if they remainder to ALS1—Emergency. for the missing miles. In other cases, the represent items and services covered B. FI Processed Claims billing codes under the old system did under the Medicare ambulance benefit. not translate directly into services that We excluded all other CPT billing codes Since all FI claims contained mileage, we did not make any adjustment for would be paid under the proposed fee in the range of 00001 through 99999 mileage. We determined the codes that schedule. Below is a more detailed (except the two EKG codes listed above) represented items and services included explanation of the adjustments that because they represent services not under the ambulance fee schedule. In were made to the 1998 base year data in covered by the ambulance fee schedule. order to accommodate missing data. the case of hospital-based claims, the Next, we adjusted all billing codes same claim is used to report services 1. Mileage that represented an ALS vehicle when furnished in the emergency room and Approximately 1.1 million claims for no ALS service was furnished. We other outpatient departments of the ground ambulance services did not removed the actual allowed charges on hospital as is used to report the show any mileage. The proposed fee these claims and replaced them with the ambulance service. Therefore, it is schedule for ambulance services would charges that would have been allowed impossible to know exactly where any provide a payment for the trip and a by the carrier for the corresponding BLS of the nonambulance services were payment per statute mile for the loaded level of service (that is, emergency for furnished. Because most of these mileage traveled. Therefore, in emergency and nonemergency for nonambulance services were of the kind calculating the proposed CF, we added nonemergency). As described in this that would likely have been furnished mileage to those claims that did not preamble, this adjustment reduced the in the hospital’s emergency room, we report mileage. We did so by assigning Medicare portion of the total allowed did not include them in data for the the mode value (that is, the number of charges for ambulance services by $65 proposed ambulance fee schedule. miles billed most often) per trip in million. Therefore, we determined the billing urban areas (1.0 miles) and the mode 3. Crosswalking the Old Billing Codes to codes that would be covered by the value or mileage per trip in rural areas the New Billing Codes ambulance fee schedule were all billing (1.0 miles). codes representing ambulance services Current billing instructions provide We converted the old billing codes in (for example, in the range of HCPCS that only one ambulance trip may be the base year data to the new billing codes A0030 through A0999 (excluding billed per line on a claim. Therefore, we codes as they would be under the HCPCS code A0888, which is not did not count multiple trips billed on proposed fee schedule. The old BLS covered by Medicare)) submitted by the same line of a claim. This reduced codes convert directly to the proposed hospitals. the total trip count processed by carriers BLS codes. The old air ambulance codes Codes that represented the use of an by approximately 1 percent. Billing (fixed wing and helicopter) convert to ALS vehicle, but when no ALS level of rules prohibit more than one trip to be the proposed air ambulance codes. The service was furnished, were converted reported on a line; therefore, we old water ambulance code converts to to the corresponding BLS BILLING assumed any number greater than one the proposed BLS–Emergency code. The CODE. However, in this case, no was an error. Because the allowed old mileage codes distinguished ALS adjustment was made for payment charges on these claims represented the miles from BLS miles; both of these old because payment for these claims would amounts paid, there was a codes would convert to the single have been corrected to the proper corresponding increase by the same proposed mileage code. Codes used to amount at cost settlement. percentage of the average charge per report air mileage would convert to the trip. proposed codes for fixed and rotary C. Air Ambulance 2. Billing Codes wing mileage respectively. All air miles To establish a consistent system of would be reported in statute miles. As RVUs that could be applied to ground We determined that the billing codes mentioned earlier, we converted the and air ambulance services, we would that represent items and services codes for an ALS vehicle when no ALS have been required to know the cost per included under the ambulance fee services were furnished to the service in each setting. Unfortunately, schedule are all billing codes submitted corresponding BLS codes. The these data do not exist. The air by ambulance suppliers in the range of conversion of the remaining old ALS ambulance representative to the HCFA Common Procedure Coding codes (for example, when ALS services Committee presented data and stated System (HCPCS) A0030 through A0999 were furnished) to proposed ALS codes that the data, when combined with an (excluding HCPCS code A0888, which is less straightforward because there are analysis by an economist, demonstrated is not covered by Medicare) and more levels of ALS service under the that the total costs in 1998 for air Common Procedural Terminology–4 1 proposed fee schedule than currently ambulance services were between a (CPT–4) codes 93005 and 93041. exist. All nonemergency ALS codes minimum of $134.8 million and a HCPCS billing codes A0030 through convert to the proposed ALS1 maximum of $168 million. This amount (nonemergency) code. Based on advice exceeded the billed charges for air 1 CPT codes and descriptions only are copyright 2000 American Medical Association. All Rights from various negotiating committee ambulance services. The representative Reserved. Applicable FARS/DFARS Apply. members, we propose converting the old also stated that RVUs should be based
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Assuming the would calculate the actual fee schedule that the air ambulance services costs appropriate payment for ground amounts directly. Namely, we divided were not based on an audited statistical ambulance services is the average the total number of billed air ambulance sample and that the data had not been allowed charge for the independent services into the total amount of subject to independent scrutiny. Based suppliers, the amount of money payment available for these services on recommendations from the misallocated to provider-based ground Committee, we would set the amount of ambulance services substantially ($158 million). The amounts in the base the base year expenditures to be used in exceeds the amount that would result in year (1998) are $2,115.00 and $2,459.00 determining the payment levels for air a total payment for air ambulance for fixed wing and rotary trips, ambulance services between $134.8 services at the maximum authorized by respectively. Then these numbers would million and $158 million. the Committee ($158 million). also be inflated by the inflation factor We considered several approaches in Considering this large discrepancy provided in section 1834(l) of the Act. an attempt to accurately estimate the between the payment rates for provider- (Additional information regarding the appropriate amount for air ambulance based and independent supplier ground inflation factor is discussed below.) services within the range prescribed by ambulance services and the fact that We would monitor payment data and the Committee. suppliers are able to furnish services at evaluate whether projections used to We considered using cost data from a the lower rate, we believe that the establish the original CF (for example, ground ambulance services survey appropriate payment for ground the ratio of the volume of BLS services acquired by an independent source that ambulance services is closer to the was hired by a member of the to ALS services) is accurate. If the actual independent supplier charge. proportions among the different levels Committee. We tried to compare the Consequently, we have chosen the of service are different from the results of this survey to cost data from maximum air ambulance total amount projected amounts, we would adjust the our estimate. Because the study was designated by the Committee, that is, only a self-reporting survey and did not $158 million. conversion factor accordingly and apply report audited costs and because the this adjusted conversion factor results varied widely and were D. Calculation of the CF prospectively. substantially different from our Following this process, we IV. Implementation Methodology estimate, we could not establish a determined the total number of consistent relationship between the ambulance trips and loaded miles and Currently, payment of ambulance survey that resulted in any estimates the total amount of charges allowed by services follows one of two within the range prescribed by the Medicare for ambulance services in the methodologies, depending on the type Committee. base year of 1998 (less the adjustment of ambulance biller. Claims from We converted old billing codes to the for those cases where an ALS vehicle ambulance service suppliers are paid proposed billing codes in the same way was used, but no ALS services were based on a reasonable charge as discussed above for the carrier- furnished, described above). To rocessed claims. Using the billed charge methodology, whereas claims from calculate the CF for ground ambulance providers are paid based on the adjusted by the supplier’s cost-to-charge services, we followed these steps— provider’s interim rate (which is a ratio, we are able to estimate the • Multiplied the volume of services supplier’s Medicare–allowable cost for for each level of ground ambulance percentage based on the provider’s all ambulance services. However, we are service by the respective RVUs historical cost-to-charge ratio multiplied unable to estimate with any certainty recommended by the Committee by the submitted charge) and then cost- the split of air ambulance services costs (including application of the practice settled at the end of the provider’s fiscal and ground ambulance services costs expense of the GPCI and rural payment year. from the same supplier. This is because rate as described above); The proposed ambulance fee schedule the Medicare cost–apportioning rules do • Summed those products to arrive at would be phased in over a 4-year not furnish data in this detail. the total number of RVUs; period. The transition would begin on • Originally, we assumed that the same Subtracted the total allowed January 1, 2001 and the fee schedule cost-to-charge ratio applies to both air amount for air ambulance services ($158 would be phased in on a CY basis. and ground ambulance services charges. million as discussed above) from the Therefore, for dates of service (DOS) However, because this assumption may total charges allowed by Medicare for beginning January 1, 2001, suppliers/ not be correct and because it results in ambulance services, which results in the providers would be paid based on 80 an amount below the range specified by total amount of charges allowed by percent of the respective current the Committee, we did not pursue this Medicare for ground ambulance methodology. services; payment allowance (as described in Next, we considered using the billed • Subtracted the total amount of Program Memorandum AB–99–73) charges for ambulance services. Over 80 RVUs for ground mileage from this total applicable to 2001 plus 20 percent of percent of ground ambulance services charge amount; the ambulance fee schedule amount. are furnished by independent (not • Divided the remaining charge (See § 414.615 for additional provider-based) ambulance services amount by the total number of RVUs for information.) suppliers. However, the average ground services and applied the Based on the Committee’s consensus adjusted charge (that is, the charge ambulance inflation factor for 2001, recommendation, we would implement adjusted by the provider’s cost-to-charge which results in a CF for ground the ambulance fee schedule as follows: ratio) for ALS and basic life support ambulance trips of $157.52.
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Former Fee would be derived using the HCPCS codes would crosswalk to the proposed payment schedule crosswalks as shown below. new codes under the ambulance fee percent- percent- schedule. We would establish the codes age age We would change current ambulance HCPCS codes in order to implement the before implementation of the ambulance Year One (CY 2001) 80 20 ambulance fee schedule. The proposed fee schedule on January 1, 2001. Year Two (CY 2002) 50 50 HCPCS codes would have to be effective Additionally, the chart shows current Year Three (CY January 1, 2001. The existing HCPCS HCPCS codes that would not have a 2003) ...... 20 80 codes are not billable effective January corresponding code under the proposed Year Four (CY 2004) 0 100 1, 2001, except for those HCPCS codes ambulance fee schedule. The items and related to items and services for which services represented by these codes A. Revisions and Additions to HCPCS a Method 3 or Method 4 biller may bill would be bundled into the base rate Codes for supplies separately during the services. Claims would be processed using the transition period. proposed billing codes created for the National HCPCS codes and Codes Not Valid Under the New Fee ambulance fee schedule. From these descriptions of services created for Schedule (Codes Terminate proposed codes, the amount for the ambulance services were presented to Effective 01/01/04): portion of the payment based on the the HCFA Alpha-Numeric group. The A0382, A0384, A0392, A0396, A0398, current system (80 percent in 2001) following chart shows how the existing A0420, A0422, A0424, A0999
HCPCS CODE CHANGES
Current HCPCS Code(s) New HCPCS Code Descriptions of proposed new codes
A0380, A0390 ...... A0425 Ground mileage (per statute mile). A0306, A0326, A0346, A0426 Ambulance service, advanced life support, non-emergency transport, level 1 A0366. (ALS1). A0310, A0330, A0350, A0427 Ambulance service, advanced life support, emergency transport, level 1 (ALS1- A0370. Emergency). A0300, A0304, A0320, A0428 Ambulance service, basic life support, non-emergency transport (BLS). A0324, A0340, A0344, A0360, A0364. A0050, A0302, A0308, A0429 Ambulance service, basic life support, emergency transport (BLS-Emergency). A0322, A0328, A0342, A0348, A0362, A0368. A0030 ...... A0430 Ambulance service, conventional air services, transport, one way (fixed wing). A0040 ...... A0431 Ambulance service, conventional air services, transport, one way (rotary nwing). Q0186 ...... A0432 Paramedic ALS intercept (PI), rural area, transport furnished by a volunteer ambu- lance company which is prohibited by state law from billing third party payers. A0433 Advanced life support, Level 2 (ALS2). The administration of at least three different medications and/or the provision of one or more of the following ALS procedures: Manual defibrillation/cardioversion, endotracheal intubation, central venous line, cardiac pacing, chest decompression, surgical airway, intraosseous line. A0435 Air mileage; fixed wing (per statute mile). A0436 Air mileage; rotary wing (per statute mile). A0434 Specialty Care Transport (SCT). In a critically injured or ill patient, a level of inter- facility service provided beyond the scope of the Paramedic. This service is nec- essary when a patient's condition requires ongoing care that must be provided by one or more health professionals in an appropriate specialty area (for example, nursing, emergency medicine, respiratory care, cardiovascular care, or a para- medic with additional training).
New suppliers that have not billed applied to the provider’s cost per adjust to the new payment amounts, Medicare in the past would be subject ambulance trip. The fee schedule because some providers may receive to the transition period rules. They transition would begin on January 1, substantially lower payments that at would be assigned an allowed charge 2001 and would phase in the fee present. For DOS in CY 2002, the under the current reasonable charge schedule on a CY basis. Therefore, for blended amount would equal the sum of rules (50th percentile charges) and providers that file cost reports on other 50 percent of the current payment would follow the same blended than a CY basis, for cost reporting system amount and 50 percent of the transition payments as other ambulance periods beginning after January 1, 2001, ambulance fee schedule amount. For suppliers. In all cases, the resulting two different blended rates would DOS in CY 2003, the blended amount transitional payment would be subject apply. Effective for services furnished would equal the sum of 20 percent of to the Part B coinsurance and deductible during CY 2001, the proposed blended the current payment system amount and requirements. amount for provider claims would equal 80 percent of the ambulance fee Currently, provider claims are paid the sum of 80 percent of the current schedule amount. For DOS in CY 2004 based on the provider’s interim rate (the payment system amount and 20 percent and beyond, the payment amount would provider’s submitted charge multiplied of the ambulance fee schedule amount. equal the ambulance fee schedule by the provider’s past year’s cost to The intent of our implementing amount. The program’s payment in all charge ratio) which is cost settled at the payment under the fee schedule at only cases would be subject to the Part B end of the provider’s fiscal year and 20 percent in the first year is to give coinsurance and deductible limited by the statutory inflation factor ambulance providers a period of time to requirements.
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To assure that the providers receive to set the original CF (for example, the current reasonable charge system, but the correct payment amount during the ratio of the volume of BLS services to rather specified only that the aggregate transition period, all submitted charges ALS services) are accurate. If the actual amount of payments for ambulance attributable to ambulance services proportions of the various levels of services not exceed the amount that furnished during a cost-reporting period service are different (too high or too would have been paid absent the fee would be aggregated and treated low) from the projected ones, we will schedule. separately from the submitted charges adjust the CF accordingly. Given the law and the uncertainty of suppliers’ future behavior, we propose attributable to all other services B. Low Billers furnished in the hospital. Also, the not to attempt to adjust the CF on the necessary statistics would be A concern was raised about low assumption that low billing will or will maintained for the provider’s Provider billers of ambulance services. Low not continue. However, as mentioned Statistics and Reimbursement report; billers are suppliers who currently bill above, we will monitor payment and this would ensure that the ambulance less than the maximum charge allowed billing data and recalculate the CF as fee schedule portion of the blended by Medicare. There are several reasons appropriate. transition payment would not be cost low billers exist. For example, low billers may be municipal or volunteer VI. Adjustments to Account for settled at cost settlement time. Inflation and Other Factors New providers would not have a cost suppliers of services, regulated by local per trip from the prior year. Therefore, ordinances, limited by an inflation- In setting the CF for 2001, we would there would be no cost per trip inflation indexed charge that is part of the adjust the base year data from 1998 for limit applied to new providers in their Medicare program’s current reasonable inflation. Section 4531 of the Balanced first year of furnishing ambulance charge policy, or restricted for other Budget Act of 1997 prescribes the services. reasons. inflation factor to be used in New suppliers would use the Because the total ambulance service determining the payment allowances for customary charge established for new payment amount is based on the actual ambulance services paid under suppliers in accordance with standard allowed charges from the base year Medicare under the current payment program procedures from the year 2000, (1998), the CF will reflect the lower than system. The inflation factor is equal to adjusted for each year of the transition maximum charges. At the same time, if the projected consumer price index for period by the ambulance inflation factor low billers of ambulance services all urban consumers (U.S. city average) that we published. continue to charge less than the (CPI–U) minus 1 percentage point from Section 1834(1) of the Act also ambulance fee schedule amount, we March-to-March for claims paid under requires that all payments made for will pay less than if all suppliers cost reimbursement (providers) and ambulance services under the proposed charged the ambulance fee schedule from June-to-June for claims paid under fee schedule be made on an assignment- amount. Therefore, some members of reasonable charges (carrier processed related basis. As stated in section the ambulance industry have urged us claims). The base year for our data is 1842(b)(18) of the Act, referenced in to increase the fee schedule CF 1998. The inflation factors in percent section 1834(l)(6), ambulance suppliers anticipating that otherwise savings are: would result from billers who continue would have to accept the Medicare to charge less than the fee schedule allowed charge as payment in full and March-to- June-to- amount. We have estimated that in the not bill or collect from the beneficiary March June base year 1998 the difference between (provider (carrier any amount other than the unmet Part actual charges and the maximum claims) claims) B deductible and Part B coinsurance charges allowed by Medicare is amounts. Violations of this requirement 1999/1998 ...... 0.9 1.1 approximately $150 million. may subject the supplier to sanctions. 2000/1999 ...... 2.4 2.0 Approximately half of this amount is The law provides that mandatory 2001/2000 ...... 1.3 1.4 attributable to charges that are 70 assignment provisions apply as soon as Compounded infla- percent of the maximum allowed payment is made under the fee tion factor (in charges or greater. Assuming that a low percent) ...... 4.665 4.566 schedule; therefore, there would be no biller is someone whose charge is less transitional period for mandatory than 70 percent of the maximum We would use the most recently assignment of claims. Also, the rule that allowed charge, approximately $75 available estimate of inflation from 2000 claims would be paid at the BLS level million can be attributed to low billing. to 2001 at the time of the writing of the if an ALS vehicle was used but no ALS We have neither a means to estimate final rule. level of service was furnished would be the extent to which low billing will In addition, the Committee effective on January 1, 2001 and would continue after the fee schedule is acknowledged that the statutory not be subject to transition. These implemented and the inflation-indexed provisions in section 1834(l)(3)(B) of the claims would have to be filed using the charge limit no longer applies, nor a Act, regarding annual updates to the fee appropriate BLS code. means to estimate the extent to which schedule, would be used to make V. Mechanisms To Control volunteer and municipal ambulances adjustments to account for inflation. Expenditures for Ambulance Services will choose not to file Medicare claims That section of the Act provides for an at the fee schedule amounts to which annual update to the ambulance fee A. Number of Services they could be entitled. The Congress has schedule based on the percentage We do not anticipate that the number provided that ‘‘the amounts paid shall increase in the CPI-U for the 12-month of ambulance services furnished will be 80 percent of the lesser of the actual period ending with June of the previous increase to offset the effects of lower charge for the services or the amount year. For 2001 and 2002, the increase in payments per service. Therefore, the determined by a fee schedule * * *’’ the CPI-U is reduced by 1.0 percentage Committee has not suggested (section 1833(a)(1)(R) of the Act). point for each year. mechanisms to control expenditures. Moreover, the Congress did not require We would monitor payment data and However, we will monitor payment data that payment under the ambulance fee evaluate whether projections used to and evaluate whether projections used schedule be budget neutral to the establish the original CF (for example,
VerDate 112000 10:16 Sep 11, 2000 Jkt 190000 PO 00000 Frm 00011 Fmt 4701 Sfmt 4702 E:\FR\FM\12SEP2.SGM pfrm04 PsN: 12SEP2 55088 Federal Register / Vol. 65, No. 177 / Tuesday, September 12, 2000 / Proposed Rules the ratio of the volume of BLS services list. Therefore, the medical condition employee to provide the certification. to ALS services) is accurate. If the actual list is not all-inclusive. We estimate that, there will be 5,000 proportions among the different levels Since the negotiated rulemaking certifications on an annual basis at an of service are different from the committee concluded its work, we have estimated 5 minutes per certification. projected amounts, we would adjust the received positive feedback on the Therefore, the annual national burden CF accordingly. medical conditions list in Addendum A. associated with this requirement is 417 While we maintain the final decision- hours. VII. Medical Conditions Lists making authority regarding required use (d)(3)(iv) If the ambulance supplier is When the Congress mandated that the of the above referenced medical unable to obtain the required physician ambulance fee schedule be developed condition list or a similar type of list, certification statement within 21 through the negotiated rulemaking we are soliciting information from calendar days following the date of the process, we deferred final action on our interested parties on the need for such service, the ambulance supplier must proposal to base Medicare payment on a listing and the development of codes document its attempts to obtain the the level of ambulance service required used in association with such a list that requested physician certification to treat the beneficiary’s condition. That would best support the processing of statement and may then submit the proposal would have used International claims. claim. Acceptable documentation must Classification of Diseases, 9th revision, include a signed return receipt from a VIII. Collection of Information U.S. Postal Service or other similar Clinical Modification (ICD–9–CM) Requirements diagnostic codes that would have service. This documentation will serve described the nature of the beneficiary’s Under the Paperwork Reduction Act as proof that the ambulance supplier medical condition. Use of the ICD–9– of 1995 (PRA), we are required to attempted to obtain the required CM codes would also have assisted provide 60-day notice in the Federal signature from the attending physician. ambulance suppliers to bill the Register and solicit public comment The burden associated with this medically necessary level of ambulance before a collection of information requirement is the time and effort service. requirement is submitted to the Office of necessary for the ambulance supplier to document its attempts to obtain the While we are not establishing a formal Management and Budget (OMB) for requested physician certification proposal in this proposed rule, as a first review and approval. In order to fairly statement. We estimate that 5,000 step, we reopened the discussion of evaluate whether an information providers will be required to submit a developing a medical condition listing collection should be approved by OMB, receipt instead of certification for an during the negotiated rulemaking section 3506(c)(2)(A) of the PRA average of 12 instances on an annual process. The goal of the discussion was requires that we solicit comment on the following issues: basis, at an estimated 5 minutes per to develop a list of medical conditions, • instance. Therefore, the annual national not diagnoses, that generally require The need for the information collection and its usefulness in carrying burden associated with this requirement ambulance services and the appropriate is 5,000 hours. level of care. The identified condition(s) out the proper functions of our agency. • The accuracy of our estimate of the would describe the beneficiary’s Section 414.610 Basis of Payment. information collection burden. medical condition that would • The quality, utility, and clarity of (d) The zip code of the point of pick- necessitate the ambulance services. the information to be collected. up must be reported on each claim for The medical conditions listed in • Recommendations to minimize the ambulance services, so that the correct Addendum A of this proposed rule information collection burden on the GAF and RAF may be applied, as would enable the ambulance supplier to affected public, including automated appropriate. identify the level of service at which a collection techniques. The burden associated with this claim may be paid. The list identifies We are soliciting public comment on requirement is the time and effort nonemergency conditions; emergency each of these issues for the following necessary for the ambulance supplier to medical conditions—traumatic and sections of this document that contain note the required zip code for each nontraumatic; and emergency and information collection requirements: claim of service. We estimate that of the nonemergency conditions that warrant 9,000 (potential) providers, 5000 interfacility transport services. This Section 410.40 Coverage of providers will be required to provide listing would also aid Medicare Ambulance Services. the documentation, for an estimated contractors in their efforts to assure that (d)(3)(iii) If the ambulance supplier is 550,000 (5% of total claims volume of claims for ambulance services are paid unable to obtain the signed physician 11M) instances on an annual basis. Per appropriately and that providers and certification statement from the provider (5,000), we estimate 1 minute suppliers of ambulance services are beneficiary’s attending physician, a per instance to meet this requirement, educated as to the documentation that signed physician certification statement for a burden of 2 hours per provider on would best support a claim. Use of an must be obtained from either the an annual basis. Therefore, the annual identified condition, however, would physician, physician assistant (PA), national burden associated with this not make the claim payable if the nurse practitioner (NP), clinical nurse requirement is 10,000 hours. beneficiary could have been served by specialist (CNS), registered nurse (RN), If you comment on these information other means. We recognize that unusual or discharge planner, who is employed collection and recordkeeping circumstances exist that warrant the use by the hospital or facility where the requirements, please mail copies of ambulance services. In these beneficiary is being treated, and who directly to the following: circumstances, the publication of the has personal knowledge of the Health Care Financing Administration, list would not preclude the contractor beneficiary’s condition at the time the Office of Information Services, from accepting other relevant medical ambulance transport is ordered or the Information Technology Investment information (for example, ICD–10–CM ambulance service was furnished. Management Group, Attn: John Burke, codes or other relevant on-the-scene The burden associated with this Room N2–14–26,7500 Security information) to describe a medical requirement is the time and effort Boulevard, Baltimore, MD 21244– condition that is not included on the necessary for the required hospital 1850.
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Office of Information and Regulatory located outside of a Metropolitan have been paid absent the fee schedule. Affairs, Office of Management and Statistical Area and has fewer than 50 One of the characteristics of the present Budget, Room 10235, New Executive beds. In the aggregate, in 2001, $17 payment system is that widely varying Office Building, Washington, DC million in total revenue would be amounts are paid for the same type of 20503, Attn: Allison Herron Eydt, redistributed from urban to rural service depending upon the location of HCFA Desk Officer. entities. It is also true that some rural the service. In effect, the proposed entities would be paid less than their ambulance fee schedule would lower IX. Regulatory Impact Analysis current rate. While we do not have payments in areas of high current levels A. Overall Impact specific data on the number of small of payment and raise payments in areas We have examined the impacts of this rural hospitals that furnish ambulance of low current levels of payment. When rule as required by Executive Order services, we recognize that the rural examining the impact of the proposed 12866 and the Regulatory Flexibility Act adjustment factor incorporated in this ambulance fee schedule, a given area could have a large reduction in payment (RFA) (Public Law 96–354). Executive proposal may not completely offset the only because such an area had Order 12866 directs agencies to assess higher costs of low-volume suppliers. historically been paid at a rate higher all costs and benefits of available As stated earlier, we recognize that this than average for the type of service. regulatory alternatives and, if regulation rural adjustment is a temporary proxy to Also, as previously described, we are is necessary, to select regulatory acknowledge the higher costs of certain taking into account a $67.6 million approaches that maximize net benefits low-volume isolated and essential program savings that would have (including potential economic, suppliers. We will consider alternative resulted from a coverage change that environmental, public health and safety methodologies that would more was proposed in 1997. Implementation effects, distributive impacts, and appropriately address payment to isolated, low-volume rural ambulance of that proposed rule was delayed until equity). A regulatory impact analysis the ambulance fee schedule was (RIA) must be prepared for major rules suppliers. Therefore, we solicit public comment on the number, location, and established. with economically significant effects Implementation of the proposed ($100 million or more annually). We characteristics of the rural entities that are affected by this proposal. ambulance fee schedule would have have determined that this is not a major several general effects. One effect would rule. It would result in spending for the Section 202 of the Unfunded Mandates Reform Act of 1995 also be that in 2001, $19 million in total first year at approximately $67.6 million revenue would be redistributed from less than would have been paid if the requires that agencies assess anticipated costs and benefits before issuing any providers to ambulance suppliers fee schedule were not implemented. because providers have been paid, on The total impact would be $84.5 million rule that may result in an expenditure in any one year by State, local, or tribal average, more for the same service in reduced revenue for ambulance furnished by a supplier. providers and suppliers ($67.6 million governments, in the aggregate, or by the plus $16.9 million in reduced Part B private sector, of $100 million. The 2. Effects on Urban, Rural, and Air coinsurance). In addition, proposed rule would not have any Ambulance Services approximately $19 million in total unfunded mandates. Payment could be redistributed from Executive Order 13132 establishes revenue (due to Medicare Part B urban ambulance services to rural certain requirements that an agency coinsurance and deductible ambulance services for two reasons: (1) requirements of approximately 80 must meet when it promulgates a urban ambulance services have been percent that would be program proposed rule (and subsequent final paid, on average, more than for the same expenditures) would be redistributed rule) that imposes substantial direct services furnished in rural areas; and (2) among entities that furnish ambulance compliance costs on State and local the proposed ambulance fee schedule services according to the data presented governments, preempts State law, or would pay more for the same services in this section. otherwise has Federalism implications. furnished in a rural area because of the The RFA requires agencies to analyze The proposed rule would not impose rural adjustment factor (RAF). Payment options for regulatory relief of small compliance costs on the governments would also be redistributed from urban businesses. For purposes of the RFA, mentioned. air ambulance services to rural air small entities include small businesses, Although we view the anticipated ambulance services because of the RAF nonprofit organizations, and results of this proposed regulation as for air services. Finally, there would be government agencies. Most hospitals beneficial to the Medicare program and a redistribution of payment from ground and most other providers and suppliers to Medicare beneficiaries, we recognize ambulance services to air ambulance are small entities, either by nonprofit that not all of the potential effects of this services. This effect is explained in status or by having revenues of $5 proposed rule can be anticipated. greater detail in the discussion of the million or less annually. For purposes of The foregoing analysis concludes that CF. the RFA, most ambulance providers and this regulation may have a financial Currently, providers are paid on most ambulance suppliers are impact on a number of small entities. average 66 percent more than considered to be small entities. This analysis, in combination with the independent suppliers for the same type Individuals and States are not included rest of the preamble, is consistent with of ambulance service. This is because in the definition of a small entity. the standards for analysis set forth by providers are currently paid based on In addition, section 1102(b) of the Act the RFA. reasonable cost and suppliers are paid requires us to prepare an RIA if a rule B. Anticipated Effects based on reasonable charges capped by may have a significant impact on the the inflation indexed charge (IIC). The operations of a substantial number of 1. Effect on Ambulance Providers and IIC has limited the growth of suppliers’ small rural hospitals. This analysis must Suppliers payments over the years, whereas, until conform to the provisions of section 603 Section 1834(l)(3)(A) of the Act enactment of the BBA in 1997, there had of the RFA. For purposes of section requires that the aggregate amount paid not been a limit on the growth of 1102(b) of the Act, we define a small under the ambulance fee schedule not providers’ reimbursable cost for rural hospital as a hospital that is exceed the aggregate amount that would ambulance services.
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There are offsetting factors that affect From To Revenue proposed in 1997 of paying for an ALS payment in urban versus rural areas. ambulance vehicle at the BLS payment While payment rates in rural areas Providers ..... Suppliers ..... $19 million. rate when no ALS service is furnished would generally be lowered by the Urban ...... Rural ...... $17 million. to the beneficiary. This change would be Ground ...... Air ...... $7 million. proposed GPCI (since the GPCI is implemented as part of the ambulance generally lower in rural areas than it is fee schedule. in urban areas), rural payment rates These amounts represent total revenue, that is, the 80 percent Medicare portion Savings would increase because of the rural Fiscal year ($ Million) mileage add-on. As a result, in 2001, plus the 20 percent beneficiary coinsurance liability. $17 million in total revenue would be 2001 ...... 40 redistributed from providers and 3. Effect on the Medicare Program 2002 ...... 70 suppliers in urban areas to providers 2003 ...... 70 We estimate that the proposed rule and suppliers in rural areas. 2004 ...... 70 would produce a calendar year net 2005 ...... 80 Furthermore, in 2001, $7 million in savings to the Medicare program of total revenue would be redistributed $67.6 million because of the delayed Under this proposed rule, we from providers and suppliers of ground implementation of the coverage policy anticipate savings for beneficiaries in ambulance services to providers and proposed in the June 17, 1997 rule. The terms of reduced coinsurance and suppliers of air ambulance services. following chart shows the estimated savings due to mandatory assignment of The following chart summarizes these fiscal year annual savings that the benefits. findings for 2001: Medicare program would realize over The table below represents the the next 5 years as a result of our proposed fee schedule amounts for CY proposal to implement the policy 2001 under this rule:
TABLE 1.Ð2001 FEE SCHEDULE FOR PAYMENT OF AMBULANCE SERVICES
Amount Unadjusted adjusted Amount Loaded Rural Service level RVUs CF base by GPCI not adjusted mileage ground rate (UBR)² (70% of UBR) (30% of URB) mileage*
BLS ...... 1.00 157.52 $157.52 $110.26 $47.26 $5.00 $7.50 BLSÐEmergency ...... 1.60 157.52 252.03 176.42 75.61 5.00 7.50 ALS1 ...... 1.20 157.52 189.02 132.31 56.71 5.00 7.50 ALS1ÐEmergency ...... 1.90 157.52 299.29 209.50 89.79 5.00 7.50 ALS2 ...... 2.75 157.52 433.18 303.23 129.95 5.00 7.50 SCT ...... 3.25 157.52 511.94 358.36 153.58 5.00 7.50 PI ...... 1.75 157.52 275.66 192.96 82.70 (1) No Mileage Rate
Amount Unadjusted adjusted Amount Loaded Rural Air Rural air Service Level base rate by GPCI not adjusted mileage mileage ** base rate *** (UBR)² (50% of UBR) (50% of UBR)
FW ...... $2,213.00 $1,106.50 $1,106.50 $6.00 $9.00 $3,319.50 RW ...... 2,573.00 1,286.50 1,286.50 16.00 24.00 3,859.50 * A 50 percent add-on to the mileage rate (that is, a rate of $7.50 per mile) for each of the first 17 miles identified as rural. The regular mileage allowance applies for every mile over 17 miles. ** A 50 percent add-on to the air mileage rate is applied to every mile identified as rural. *** A 50 percent add-on to the air base rate is applied to air trips identified as rural. The payment rate for rural air ambulance (rural air mileage rate and rural air base rate) is 50 percent more than the corresponding payment rate for urban services (that is, the sum of the base rate adjusted by the geographic adjustment factor and the mileage). ² This column illustrates the payment rates without adjustment by the GPCI. The conversion factor (CF) has been inflated for 2001.
Legend for Table 1 Formulas—The amounts in the above chart Payment Rate = [(((RVU* ALS1—Advanced Life Support, Level 1 are used in the following formulas to 0.5)+((RVU*0.5)*GPCI))*CF)]+ [MAR*#MILES] ALS2—Advanced Life Support, Level 2 determine the fee schedule payments— Air-Rural: BLS—Basic Life Support Ground: Payment Rate = CF—Conversion Factor Ground—Urban: [(1+RA)*(((RVU*0.5)+((RVU* FW—Fixed Wing Payment Rate=[(RVU* 0.5)*GPCI))*CF)]+ GPCI—Practice Expense Portion of the (0.3+(0.7*GPCI)))*CF]+[MGR*#MILES] [(1+RA)*(MAR*#MILES)] Geographic Practice Cost x from the Ground—Rural: Physician Fee Schedule Payment Rate=[(RVU* Legend for Formulas PI—Paramedic ALS intercept (0.3+(0.7*GPCI)))*CF]+ Symbol and Meaning RVUs—Relative Value Units [(((1+RG)*MGR)*#MILES≤17)+ ≤ less than or equal to. RW—Rotary Wing (MGR*#MILES≤17)] > greater than. SCT—Specialty Care Transport * multiply. Air: CF conversion factor (ground = $157.52; air UBR—Unadjusted Base Rate Air—Urban: = 1.0).
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GPCI practice expense portion of the Example 1: Ground Ambulance, Urban Payment Rate = $317.46 (subject to Part B geographic practice cost index from the (Independent Supplier) deductible and coinsurance physician fee schedule. A Medicare beneficiary residing in requirements) #MILES number of miles the beneficiary Baltimore, Maryland, was transported via Because 2001 would be the first year of a was transported. ground ambulance from his or her home to 4-year transition period, the ambulance fee MGR mileage ground rate (5.0). the nearest appropriate hospital 2 miles schedule payment rate would be multiplied MAR mileage air rate (fixed wing rate = 6.0, by 20 percent and added to 80 percent of the helicopter rate = 16.0). away. An emergency response was required, and an ALS assessment was performed. The payment calculated by the current payment RA rural air adjustment factor (0.50 on system. The payment rate for Year 2 (2002) level of service furnished would be ALS1- entire claim). would be calculated by multiplying the Rate maximum allowed rate from Emergency. ambulance fee schedule payment rate by 50 ambulance fee schedule. Assuming that the beneficiary was placed percent and adding the result to 50 percent RG rural ground adjustment factor amount on board the ambulance in Baltimore, it of the current payment system amount. The (0.50 on first 17 miles). would be an urban trip. Therefore, no rural payment rate for Year 3 (2003) would be RVUs relative value units (from chart). payment rate would apply. In Baltimore, the calculated by multiplying the ambulance fee Notes: The GPCI is determined by the GPCI = 1.039. The fee schedule amount schedule payment rate by 80 percent and address of the point of pickup. would be calculated as follows— adding the result to 20 percent of the current Payment Rate = [(RVU* (0.3+ payment system amount. The payment rate Table 2 for Year 4 (2004) would be based solely on (0.7*GPCI)))*CF]+ [MGR*#MILES] the ambulance fee schedule. EXAMPLES: The following examples Payment Rate = demonstrate the use of the proposed Assuming the inflation indexed charge [(1.9*(0.3+(0.7*1.039)))*157.52]+[5*2] (IIC) in 2001, the reasonable charge rate for ambulance fee schedule amounts and Payment Rate = this service in Maryland would be $315.62 how they would be used during the first [(1.9*(0.3+(.7273)))*157.52]+[10] ($303.00 for HCPCS A0310, $6.31 × 2 miles year (2001). Examples 1 through 4 relate Payment Rate = [(1.9*(1.0273))*157.52]+[10] for A0390). Therefore, the total allowed to independent supplier claims, and Payment Rate = [(1.95187)*157.52]+[10] charge for this service during 2001 would be: Example 5 relates to hospital based Payment Rate = [307.4585624]+[10] Old HCPCS Code(s) = A0310 and A0390 supplier claims. Payment Rate = 317.4585624 New HCPCS Code(s) = A0427 and A0425
Reasonable Fee schedule Total allowed Reasonable charge IIC new charge × Fee schedule × 80% 20% charge
$315.62 ...... $252.50 $317.46 $63.49 $315.99
Assuming that the Part B deductible has Under our proposal, the level of service ambulance fee schedule payment rate would been met, the program would pay 80 percent, would be BLS (nonemergency). be multiplied by 20 percent and added to 80 and beneficiary’s liability would be 20 For this part of Texas, the GPCI = 0.888. percent of the payment calculated by the percent, representing the Part B coinsurance The proposed ambulance fee schedule current payment system. The payment rate amount would be calculated as follows— amount: for Year 2 (2002) would be calculated by 36 mile trip = 17 miles at the rural payment multiplying the ambulance fee schedule rate plus 19 miles at the regular rate. Beneficiary payment rate by 50 percent and adding the Medicare Payment (80%) Liability Payment Rate = [(RVU* (0.3+ result to 50 percent of the current payment (20%) (0.7*GPCI)))*CF]+ system amount. The payment rate for Year 3 [(((1+RG)*MGR)*#MILES≤17)+ $252.79 ...... $63.20 (MGR*#MILES>17)] (2003) would be calculated by multiplying Payment Rate = [(1.00*(0.3+ the ambulance fee schedule by 80 percent Example 2: Ground Ambulance, Rural (0.7*0.888)))*157.52]+ [(((1+0.5)*5)*17)+ and adding the result to 20 percent of the (Independent Supplier) (5*19)] current payment system amount. The A Medicare beneficiary residing in Cottle Payment Rate = [(1.00* (0.3+0.6216))* payment rate for Year 4 (2004) would be 157.52]+ [((1.5*5)*17)+95] County, Texas, was transported via ground based solely on the ambulance fee schedule. Payment Rate = Assuming the inflation indexed charge ambulance from his or her home to the [(1.00*0.9216)*157.52]+[(7.5*17)+95] nearest appropriate facility located in (IIC) in 2001, the reasonable charge rate for Payment Rate = [0.9216*157.52]+[127.50+95] this service in Texas would be $292.44 Quanah, Texas. Cottle County, where the Payment Rate = [145.170432]+[222.50] ($152.76 for HCPCS A0300, $3.88 × 36 miles beneficiary was placed on board the Payment Rate = 367.670432 ambulance, is a non-MSA and, therefore, is Payment Rate = $367.67 (subject to Part B for A0380). Therefore, the total allowed rural. A rural payment rate would apply. The deductible and coinsurance charge for this service during 2001 under our total distance from the beneficiary’s home to requirements) proposal would be: the facility was 36 miles. A BLS Under the proposal, since 2001 would be Old HCPCS Code(s) = A0300 and A0380 nonemergency assessment was performed. the first year of a 4-year transition period, the New HCPCS Code(s) = A0428 and A0425
Reasonable Fee schedule Total allowed Reasonable charge IIC new charge × Fee schedule × 80% 20% charge
$292.44 ...... $233.95 $367.67 $73.53 $307.48
Assuming that the Part B deductible was Beneficiary Li- Example 3: Air Ambulance, Urban met, the program would pay 80 percent, and Medicare Payment (80%) ability (20%) (Independent Supplier) the beneficiary’s liability would be 20 A Medicare beneficiary was involved in an percent, representing the Part B coinsurance $245.98 ...... $61.50 automobile accident along a busy interstate amount: near Detroit, Michigan. A helicopter
VerDate 112000 15:41 Sep 11, 2000 Jkt 190000 PO 00000 Frm 00015 Fmt 4701 Sfmt 4702 E:\FR\FM\12SEP2.SGM pfrm02 PsN: 12SEP2 55092 Federal Register / Vol. 65, No. 177 / Tuesday, September 12, 2000 / Proposed Rules transported the beneficiary to the nearest Payment Rate = [(1286.50+ percent of the current payment system appropriate facility located within the city ((1286.50)*1.022))]+ [224] amount. The payment for Year 3 (2003) limits of Detroit. The total distance from the Payment Rate = [(1286.50+1314.803)]+[224] would be calculated by multiplying the accident to the facility was 14 miles. The Payment Rate = [2601.303]+[224] ambulance fee schedule by 80 percent and level of service was rotary wing. Payment Rate = [2825.303] adding the result to 20 percent of the current Assuming that the patient was placed on Payment Rate = $2,825.30 (subject to Part B board the air ambulance within the Detroit deductible and coinsurance payment system amount. The payment for MSA, and because this is not a Goldsmith requirements) Year 4 (2004) would be based solely on the county, the trip would be urban. Therefore, Because 2001 would be the first year of a ambulance fee schedule. no rural payment rate would apply. In the 4-year transition period, the payment rate Assuming the inflation indexed charge Detroit metropolitan area, the GPCI = 1.022. from the ambulance fee schedule would be (IIC) in 2001, the reasonable charge rate for The ambulance fee schedule amount would multiplied by 20 percent and added to 80 this service in Michigan is $1,982.26. be calculated as follows— percent of the payment calculated by the Therefore, the total allowed charge for this Payment Rate = [((UBR*0.5)+ ((UBR*0.5)* current payment system. The payment rate service during 2001 would be: GPCI))]+ [MAR*#MILES] for Year 2 (2002) would be calculated by Old HCPCS Code = A0040 Payment Rate = [((2573.00*0.5)+ multiplying the ambulance fee schedule by New HCPCS Code = A0431 and A0436 ((2573.00*0.5)*1.022))]+ [16.00*14] 50 percent and adding the result to 50
Reasonable Fee schedule Total allowed Reasonable charge IIC new charge × Fee schedule × 80% 20% charge
$1,982.26 ...... $1,585.81 $2,825.30 $565.06 $2,150.87
Assuming that the Part B deductible has a rural payment rate would apply. In proposed fee schedule would then be been met, the program would pay 80 percent Arizona, the GPCI = 0.971. The ambulance multiplied by 20 percent and added to 80 and the beneficiary’s liability would be 20 fee schedule amount would be calculated as percent of the payment calculated by the percent, representing the Part B coinsurance follows— current payment system. Year 2 would be amount: Payment Rate = [(1+RA)*((UBR*0.5)+ calculated by multiplying the fee schedule by ((UBR*0.5)*GPCI))] 50 percent and adding the result to 50 Beneficiary Li- +[(1+RA)*(MAR*#MILES)] Medicare Payment (80%) ability (20%) percent of the current payment system Payment Rate = [(1+0.5)*(((2573.00*0.5)+ amount. Year 3 would be calculated by $1,720.70 ...... $430.17 ((2573.00*0.5)*0.971))]+ multiplying the fee schedule by 80 percent [(1+0.5)*(16*86)] and adding 20 percent of the current Example 4: Air Ambulance, Rural Payment Rate = [(1.5)*((1286.50)+ payment system amount. Year 4 (2004) is (1286.50*0.971))]+ [(1.5)*(1376)] (Independent Supplier) based solely on the fee schedule amount. Payment Rate = A Medicare beneficiary was transported via Assuming the inflation indexed charge helicopter from a rural county in Arizona to [(1.5)*(1286.50+1249.192)]+[2064] Payment Rate = [(1.5)*2535.692]+[2064] (IIC) for the example in question, in 2001 the the nearest appropriate facility. The total reasonable charge rate for this service in distance from point of pick-up to the facility Payment Rate = 4599.692 Arizona would be $1,564.80. Therefore, the was 86 miles. The level of service was rotary Payment Rate = $4,599.69 (subject to Part B total allowed charge for this service during wing. deductible and coinsurance Because the point of pick-up was in a rural, requirements) 2001 would be: non-MSA area, this transport would be a Because 2001 is the first year of a 4 year Old HCPCS Code = A0040 rural trip under the proposed rule. Therefore, transition period, this payment rate from the New HCPCS Code = A0431 and A0436
Reasonable Fee schedule Total allowed Reasonable charge IIC new charge × Fee schedule × 80% 20% charge
$1,564.80 ...... $1,251.84 $4,599.69 $919.94 $2,171.78
Assuming that the Part B deductible has Hospital A is 14 miles. A BLS nonemergency Payment Rate = [(1.00*0.9174)*157.52]+ been met, the program would pay 80 percent transport was furnished. The level of service [(7.5*14)+0] and 20 percent would be the beneficiary’s would be BLS (nonemergency). Payment Rate = [0.9174*157.52]+[105+0] liability: For Iowa, the GPCI = 0.882. The ambulance Payment Rate = [144.508848]+[105] fee schedule amount would be calculated as Payment Rate = 249.508848 Medicare payment (80%) Beneficiary li- follows— Payment Rate = $249.51 (subject to Part B ability (20%) 14 mile trip = 14 miles at the rural payment deductible and coinsurance rate plus 0 miles at the regular rate. requirements) $1,737.42 ...... $434.36 The HCPCS codes to be used under the fee Since 2001 would be the first year of a Example 5: Ground Ambulance, Rural schedule are A0428 and A0425. proposed 4-year transition period, the (Hospital Based Supplier) A Medicare Payment Rate = ambulance fee schedule payment rate would beneficiary residing in a rural area in the [(RVU*(0.3+(0.7*GPCI)))*CF]+ be multiplied by 20 percent. The total state of Iowa was transported via ground [(((1+RG)*MGR)*#MILES≤17)+ payment under the proposed fee schedule for ambulance from her home located in a rural (MGR*#MILES>#7)] 2001 is: area (non-MSA) to the nearest appropriate Payment Rate = [(1.00*(0.3+(0.7*0.882) Payment Rate = Fee Schedule * Transition facility (Hospital A). Because the point of ))*157.52]+ [(((1+0.5)*5)*14)+(5*0)] Percentage pick-up is in a rural area, under our proposal, Payment Rate = Payment Rate = 249.51*0.2 a rural payment rate would apply. The total [(1.00*(0.3+0.6174))*157.52]+ Payment Rate = 49.902 distance from the beneficiary’s home to [((1.5*5)*14)+0] Payment Rate = $49.90
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The remaining 80 percent of the payment relative values for the levels of PART 410ÐSUPPLEMENTARY rate is determined by the current payment ambulance service, other definitions for MEDICAL INSURANCE (SMI) system. For FIs, the current payment the levels of ambulance service and BENEFITS calculation is as follows. other definitions for ‘‘rural entities’’, but Assume that Hospital A’s charge (HCB) for it did not adopt them for various I. Part 410 is amended as set forth a BLS-nonemergency service is $220.00, its below: charge for mileage (HCM) is $4.00 per mile, reasons. (A full description of these and its past year’s cost-to-charge ratio (CCR) alternatives may be found at the 1. The authority citation for part 410 is 0.9. website: www.hcfa.gov/medicare/ continues to read as follows: Assuming that the beneficiary’s Medicare ambmain.htm.) Authority: Secs. 1102 and 1871 of the Part B deductible has been met, the Social Security Act (42 U.S.C. 1302 and beneficiary’s coinsurance liability for 2001 D. Conclusion 1395hh). would be: We anticipate that the proposed Total Charge = HCB+(HCM*#MILES) Subpart BÐMedical and Other Health Total Charge = 220+(4*14) ambulance fee schedule amounts for Services Total Charge = 220+56 entities that have received lower than Total Charge = $276.00 (Current system) average payment rates historically 2. Section 410.40 is amended by: For 2001, the coinsurance is equal to 20 would be relatively higher and the fee A. Revising paragraph (b). percent of: schedule amounts for entities that have B. Revising paragraph (d)(1). Total rate = (0.80*Current System)+(0.20*FS) received higher than average payment C. Republishing the introductory Total rate = (0.80*276)+(49.90) rates historically would be relatively paragraph (d)(3). Total rate = (220.80)+(49.90) lower. Generally, this would mean Total rate = $270.70 D. Adding new paragraphs (d)(3)(iii), higher rates in the future for rural (d)(3)(iv), and (d)(3)(v). Coinsurance = 0.20*270.70 = $54.14 transports, lower rates in the future for The revisions and additions read as For 2001, the transition payment rate is equal urban transports, and higher rates in the follows: to: future for air ambulance services. The Transition payment rate = [0.80*current rate]+[0.20*FS] ambulance fee schedule will have a § 410.40 Coverage of ambulance services. Transition Payment Rate = [0.80*((HCB)+ leveling effect on coinsurance liability. * * * * * (HCM*#MILES))*CCR]+ [0.20*FS] While beneficiaries in those areas of (b) Levels of service. Medicare covers Transition Payment Rate = [0.80*((220)+ historically higher than average the following levels of ambulance (4*14))*0.9]+[49.90] payment rates would benefit from lower service: basic life support ((BLS) Transition Payment Rate = [0.80*((220)+ coinsurance liability, beneficiaries in emergency and nonemergency), (56))*0.9]+[49.90] areas of historically lower than average Transition Payment Rate = advanced life support, level 1 ((ALS1) payment rates would experience an emergency and nonemergency), [0.80*(276)*0.9]+[49.90] upward adjustment of coinsurance Transition Payment Rate = [198.72]+[49.90] advanced life support, level 2 (ALS2), Transition Payment Rate = $248.62 liability. Beneficiaries would also paramedic intercept (PI), specialty care benefit in those cases in which Assuming the part B deductible is met: transport (SCT), fixed wing transport Medicare program payment = (transition suppliers previously did not accept (FW), and rotary wing transport (RW). payment rate)¥(coinsurance) assignment and billed the beneficiary See § 414.605 for a definition of each Medicare program payment = 248.62¥54.14 the difference between the Medicare level of services. Medicare program payment = $194.48 program allowed amount and their actual charge, because under the fee * * * * * Under our proposal, the payment rate for (d) Medical necessity requirements— Year 2 (2002) would be calculated by schedule all suppliers must accept multiplying the ambulance fee schedule assignment. We anticipate that the (1) General rule. Medicare covers payment rate by 50 percent and adding the integrity of the Medicare Part B Trust ambulance services, including fixed result to 50 percent of the current payment Fund will be protected by the wing and rotary wing ambulance system amount. The payment rate for Year 3 continuance of the inflation factors services, only if they are furnished to a (2003) would be calculated by multiplying prescribed in the statute. beneficiary whose medical condition is the ambulance fee schedule by 80 percent such that other means of transportation and adding the result to 20 percent of the In accordance with the provisions of would be contraindicated. While current payment system amount. The Executive Order 12866, this regulation physician certification allows the payment rate for Year 4 (2004) would be was reviewed by the Office of ambulance supplier to assert that the based solely on the ambulance fee schedule. Management and Budget. transportation was reasonable and C. Alternatives Considered List of Subjects Affected necessary, the beneficiary’s medical While there were many alternatives record must support the coverage of the 42 CFR Part 410 considered during the course of the transportation. For nonemergency ambulance transportation, the following negotiated rulemaking process, the Health facilities, Health professions, criteria must be met to ensure that statute requires that total program Kidney diseases, Laboratories, ambulance transportation is medically expenditures not exceed what the Medicare, Rural areas, X-rays. payments would have been without the necessary: fee schedule. All of the alternatives 42 CFR Part 414 (i) The beneficiary is unable to get up considered did not change total program from bed without assistance. Administrative practice and expenditures. The alternatives varied in (ii) The beneficiary is unable to procedure, Health facilities, Health the manner in which the total amount ambulate. professions, Kidney diseases, Medicare, of program expenditures might be (iii)The beneficiary is unable to sit in Reporting and recordkeeping distributed among the entities that a chair or wheelchair. requirements, Rural areas, X-rays. furnish ambulance services to Medicare These criteria, as defined, are not beneficiaries. For example, the For the reasons set forth in the meant to be the sole criterion in Committee considered other preamble, 42 CFR chapter IV is determining medical necessity. They are geographical adjustment factors, other proposed to be amended: one factor to be considered when
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ALS procedures: established under one of the following 1833—Rules for payment for most Part B (1) Manual defibrillation/ services. circumstances: 1834(a) and (h)—Amounts and frequency of cardioversion. * * * * * payments for durable medical equipment (2) Endotracheal intubation. (iii) If the ambulance provider or and for prosthetic devices and orthotics (3) Central venous line. supplier is unable to obtain a signed and prosthetics. (4) Cardiac pacing. physician certification statement from 1834(l)—Establishment of a Fee Schedule for (5) Chest decompression. the beneficiary’s attending physician, a Ambulance Services. signed physician certification statement 1848—Fee schedule for physician services. (6) Surgical airway. 1881(b)—Rules for payment for services to (7) Intraosseous line. must be obtained from either the ESRD beneficiaries. physician, physician assistant (PA), 1887—Payment of charges for physician Advanced Life Support (ALS) nurse practitioner (NP), clinical nurse services to patients in providers. intervention means a procedure beyond the scope of an emergency medical specialist (CNS), registered nurse (RN), 3. A new subpart H, consisting of technician-basic (EMT-Basic). or discharge planner, who is employed §§ 414.601 through 414.625, is added to by the hospital or facility where the read as follows: Advanced Life Support (ALS) provider beneficiary is being treated, and who means an individual trained to the level has personal knowledge of the Subpart HÐFee Schedule for Ambulance of the EMT-Intermediate or paramedic. beneficiary’s condition at the time the Services The EMT-Intermediate is defined as ambulance transport is ordered or the Sec. having the knowledge and skills ambulance service was furnished; and, 414.601 Purpose. identified for the EMT-Basic, but also as (iv) If the ambulance provider or 414.605 Definitions. qualified to perform essential advanced supplier is unable to obtain the required 414.610 Basis of payment. 414.611 Coding system. techniques and to administer a limited physician certification statement within 414.615 Transition for implementation of number of medications. The EMT- 21 calendar days following the date of the ambulance fee schedule. Paramedic is defined as possessing the the service, the ambulance supplier 414.620 Publication of the ambulance competencies of the EMT-Intermediate, must document its attempts to obtain services fee schedule. but also has enhanced skills that the requested physician certification 414.625 Limitation on review. include being able to administer statement and may then submit the additional interventions and claim. Acceptable documentation must Subpart HÐFee Schedule for medications. Ambulance Services include a signed return receipt from a Basic Life Support (BLS) means U.S. Postal Service or other similar § 414.601 Purpose. transportation by ambulance vehicle service. This documentation will serve This subpart implements section and medically necessary supplies and as proof that the ambulance supplier 1834(l) of the Act, by establishing a fee ancillary services, plus the provision of attempted to obtain the required schedule for the payment of ambulance BLS ambulance services. The EMT- signature from the attending physician. services. Section 1834(l) of the Act Basic, in addition to being able to (v) In all cases, the provider or requires that payment for all ambulance operate limited equipment on board the supplier must keep appropriate services otherwise payable on a vehicle and being able to assist in documentation on file and, upon reasonable charge system or performing assessments and request, present it to the contractor. The retrospective reasonable cost interventions, is qualified to function as presence or absence of the signed reimbursement system be made under minimum staff for an ambulance and, to physician certification statement or the ambulance fee schedule effective for establish a peripheral intravenous (IV) signed return receipt does not services furnished after January 1, 2000. line. definitively demonstrate that the Conversion Factor (CF) is a nationally ambulance transport was medically § 414.605 Definitions. uniform dollar value, multiplied by necessary. The ambulance provider or As used in this subpart, the following relative value units for a service to supplier must meet all other coverage definitions apply to both land and water produce a payment amount. criteria for payment to be made. (hereafter referred to as ‘‘ground’’) and Emergency Response means * * * * * to air services: Advanced Life Support (ALS) responding immediately to an PART 414ÐPAYMENT FOR PART B assessment is an assessment performed emergency medical condition. An MEDICAL AND OTHER HEALTH by an ALS crew that results in the immediate response is one in which the SERVICES determination that the patient’s ambulance supplier begins as quickly as condition requires an ALS level of care, possible to take the steps necessary to II. Part 414 is amended as set forth even if no other ALS intervention is respond to the call. below: performed. Fixed Wing Air Ambulance (FW) 1. The authority citation for part 414 Advanced Life Support, Level 1 means transportation by a fixed wing continues to read as follows: (ALS1) means transportation by aircraft that is certified as a fixed wing Authority: Secs. 1102, 1871, and 1881(b)(1) ambulance vehicle and medically air ambulance and such ancillary of the Social Security Act (42 U.S.C. 1302, necessary supplies and ancillary services as may be medically necessary. 1395hh, 1395rr(b)(1)). services, plus an ALS assessment by an Geographic Adjustment Factor (GAF) 2. Section 414.1 is revised to read as ALS provider or the provision of at least means the practice expense (PE) portion follows: one ALS intervention. of the geographic practice cost index
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(GPCI) from the physician fee schedule based on the lesser of the actual charge (iv) Geographic adjustment factor as applied to a percentage of the base or the applicable fee schedule amount. (GAF). For ground ambulance services, rate. For ground ambulance services, the The fee schedule payment for the PE portion of the GPCI from the PE portion of the GPCI is applied to 70 ambulance services equals a base rate physician fee schedule is applied to 70 percent of the base rate. For air for the level of service plus payment for percent of the base rate. For air ambulance services, the practice mileage and applicable adjustment ambulance services, the PE portion of expense (PE) portion of the GPCI is factors. All ambulance services the physician fee schedule GPCI is applied to 50 percent of the base rate. (regardless of the vehicle (for example, applied to 50 percent of the base rate. Goldsmith Modification means the ALS or BLS) furnishing the service or of (v) Rural adjustment factor (RAF). For methodology for the identification of any local or State ordinances) are paid ground ambulance services, a 50 percent rural census tracts that are located under the fee schedule specified in this increase is applied to the mileage rate within large metropolitan counties of at subpart. for each of the first 17 miles; the regular least 1,225 square miles, but are so (b) Mandatory assignment. Effective mileage allowance applies to every mile isolated from the metropolitan core of with implementation of the ambulance over 17 miles. For air ambulance that county by distance or physical fee schedule described in § 414.601, for services, a 50 percent increase is features so as to be more rural than services furnished on or after January 1, applied to the total payment for air urban in character. 2001, all payments made for ambulance services; that is, the adjustment applies Loaded Mileage means the number of services are made on an assignment- miles for which the Medicare to the sum of the base rate and the related basis. Ambulance suppliers must mileage. beneficiary is transported in the accept the Medicare allowed charge as ambulance vehicle. payment in full and may not bill or (2) Payment Rates. Payment, in Paramedic ALS Intercept (PI) means collect from the beneficiary any amount accordance with this section, represents EMT-Paramedic services furnished by other than the unmet Part B deductible payment in full (subject to applicable an entity that does not furnish the and Part B coinsurance amounts. Medicare Part B deductible and ambulance transport. See § 410.40(c) of Violations of this requirement may coinsurance requirements as described this chapter for criteria governing direct subject the provider or supplier to in subpart G of part 409 of this chapter) payment. sanctions, as provided by law. There is for all costs (routine, ancillary, and Point of Pick-up means the location of no transitional period for mandatory capital-related) associated with the beneficiary at the time he or she is assignment of claims. furnishing inpatient SNF services to placed on board the ambulance. (c) Formula for computation of Medicare beneficiaries other than costs Relative value units (RVUs) measure payment amounts. The fee schedule associated with operating approved the value of ambulance services relative payment amount for ambulance services educational activities as described in to the value of a base level ambulance is computed according to the following: § 413.85 of this chapter. service. Rotary Wing Air Ambulance (RW) (1) Relative value units. The relative (d) Point of pick-up. The zip code of means transportation by a helicopter value unit (RVU) scale for the the point of pick-up must be reported on that is certified as an ambulance and ambulance fee schedule is as follows: each claim for ambulance services, so such ancillary services as may be that the correct GAF and RAF may be Relative value applied, as appropriate. medically necessary. Service level units (RVUs) Rural adjustment factor (RAF) means (e) Updates. The CF is updated an adjustment applied to services at the BLS ...... 1.00 annually for inflation by a factor equal point of pick-up in a rural area and BLSÐEmergency ...... 1.60 to the payment amounts provided under added to the base payment rate. ALS1 ...... 1.20 the fee schedule for services furnished Services in a Rural area means ALS1ÐEmergency ...... 1.90 in CY 2001 and each subsequent year at ALS2 ...... 2.75 services that are furnished in an area amounts under the fee schedule for outside a Metropolitan Statistical Area SCT ...... 3.25 PI ...... 1.75 services furnished during the previous (MSA) or a New England County year. The CF is increased by the Metropolitan Area (NECMA) or an area (i) Ground ambulance service levels. percentage increase in the consumer within an MSA identified as rural, using RVUs for ground ambulance services are price index for all urban consumers the Goldsmith modification. multiplied by a CF and adjusted by the (U.S. city average) for the 12-month Specialty Care Transport (SCT) means period ending with June of the previous interfacility transportation by an GAF and rural adjustment factor (RAF), as appropriate, in order to determine the year reduced in 2001 and 2002 by 1 ambulance vehicle, including medically percentage point. necessary supplies and ancillary respective payment rates. (f) Adjustments. The CF may be services, of a critically injured or ill (ii) Air ambulance service levels. The adjusted to take into account factors patient at a level of service beyond the base payment rate for air is adjusted by that, as determined by the Secretary, scope of the EMT-Paramedic. SCT is the GAF and RAF, as appropriate, in show data that results in a significantly necessary when a patient’s condition order to determine the amount of different aggregate payment of items and requires ongoing care that must be payment. There are no RVUs for air services paid under the ambulance fee furnished by one or more health ambulance services because there are schedule. professionals in an appropriate specialty only two types of air ambulance services: fixed wing (FW) and rotary area (for example, nursing, emergency § 414.611 Coding system. medicine, respiratory care, wing (RW). cardiovascular care, or a paramedic with (iii) Loaded mileage. Payment is made All claims for services for which the additional training). for each loaded mile. Air mileage is amount of payment is determined under based on loaded miles flown, as § 414.610 must include a code (or codes) § 414.610 Basis of payment. expressed in statute miles. There are from the uniform coding system (a) Method of payment. Medicare three mileage payment rates for ground specified by the Secretary that identifies payment for ambulance services is and water, FW, and RW. the services furnished.
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§ 414.615 Transition for implementation of or reasonable cost for CY 2001, annually for inflation as described in the ambulance fee schedule. multiplied by the statutory inflation § 414.610(e). The fee schedule for ambulance factors for ambulance services. services will be phased in over 4 years (c) For services furnished in CY 2003, § 414.620 Publication of the ambulance beginning January 1, 2001. Payment for the payment is based 20 percent on the services fee schedule. services furnished during the transition reasonable charge or reasonable cost, Each year, HCFA will publish updates period are made based on a combination plus 80 percent of the ambulance fee to the fee schedule for ambulance of the fee schedule payment for schedule amount. The reasonable charge services. ambulance services and the amount the and reasonable cost in CY 2003 for each carrier would have paid absent the fee supplier or provider respectively is § 414.625 Limitation on review. schedule for ambulance services, as equal to the supplier or provider’s There shall be no administrative or follows: reasonable charge or reasonable cost for judicial review under sections 1869 of (a) For services furnished in CY 2001, CY 2002, multiplied by the statutory the Act or otherwise of the amounts the payment is based 80 percent on the inflation factors for ambulance services. reasonable charge-based payments for (d) For services furnished in CY 2004 established under the fee schedule for independent suppliers and 80 percent and thereafter, the payment is based ambulance services, including but not on reasonable cost for providers, plus 20 solely on the ambulance fee schedule limited to matters described in section percent of the ambulance fee schedule amount. 1834(l)(2) of the Act. amount. The reasonable charge or (e) Updates. The portion of the (Catalog of Federal Domestic Assistance reasonable cost portion of payment in transition payment that is based on the Program No. 93.774, Medicare— CY 2001 is equal to the reasonable existing payment methodology (that is, Supplementary Medical Insurance Program) charge or reasonable cost for CY 2000, the non fee schedule portion) is updated Dated: August 15, 2000. multiplied by the statutory inflation annually for inflation by a factor equal Nancy-Ann Min DeParle, factors for ambulance services. to the projected consumer price index (b) For services furnished in CY 2002, for all urban consumers (U.S. city Administrator, Health Care Financing Administration. the payment is based 50 percent on the average), from March to March for reasonable charge or reasonable cost, as claims paid under cost reimbursement Dated: August 31, 2000. applicable, plus 50 percent of the and from June to June for claims paid Donna E. Shalala, ambulance fee schedule amount. The under reasonable charges, minus 1 Secretary. reasonable charge and reasonable cost percentage point. The portion of the portion in CY 2002 is equal to the transition payment that is based on the Note: The following addendum will not supplier or provider’s reasonable charge ambulance fee schedule is updated appear in the Code of Federal Regulations.
ADDENDUM A [** When using this chart, use all codes that apply **]
On-scene condition On-scene condition Svc. Comments and examples # (general) (specific) Lev. [not all-inclusive]
Emergency Conditions (non-traumatic)
1 ...... Abdominal pain ...... With other signs or symptoms ...... ALS Nausea, vomiting, fainting, pulsatile mass, distention, rigid, tenderness on exam, guarding. 2 ...... Abdominal pain ...... Without other signs or symptoms ...... BLS 3 ...... Abnormal cardiac rhythm/Cardiac Potentially life-threatening ...... ALS Bradycardia, junctional and ventricular dysrythmia. blocks,non-sinus tachycardias, PVC's >6, bi and trigeminy, vtach,vfib, atrial flutter, PEA, asystole. 4 ...... Abnormal skin signs ...... ALS Diaphorhesis, cyanosis, delayed cap refill, poor turgor, mottled. 5 ...... Abnormal vital signs (includes abnor- With symptoms ...... ALS Other emergency conditions. mal pulse oximetry). 6 ...... Abnormal vital signs (includes abnor- Without symptoms ...... BLS mal pulse oximetry). 7 ...... Allergic reaction ...... Potentially life-threatening ...... DALS Other emergency conditions, rapid pro- gression of symptoms, prior hx. of anaphylaxis, wheezing, difficulty swallowing. 8 ...... Allergic reaction ...... Other ...... BLS Hives, itching, rash, slow onset, local swelling, redness, erythema. 9 ...... Animal bites/sting/envenomation ...... Potentially life or limb-threatening ...... ALS Symptoms of specific envenomation, significant face, neck, trunk, and ex- tremity involvement; other emer- gency conditions. 10 ...... Animal bites/sting/envenomation ...... Other ...... BLS Local pain and swelling, special han- dling considerations and patient monitoring required. 11 ...... Sexual assault ...... With injuries ...... ALS 12 ...... Sexual assault ...... With no injuries ...... BLS 13 ...... Blood glucose ...... Abnormal¥ <80 or >250, with symp- ALS Altered mental status, vomiting, signs toms. of dehydration, etc.
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ADDENDUM AÐContinued [** When using this chart, use all codes that apply **]
On-scene condition On-scene condition Svc. Comments and examples # (general) (specific) Lev. [not all-inclusive]
14 ...... Respiratory arrest ...... ALS Apnea, hypoventilation requiring venti- latory assistance and airway man- agement. 15 ...... Difficulty breathing ...... ALS 16 ...... Cardiac arrestÐResuscitation in ...... ALS progress. 17 ...... Chest pain (non-traumatic) ...... ALS Dull, severe, crushing, substernal, epigastric, left sided chest pain asso- ciated with pain of the jaw, left arm, neck, back, and nausea, vomiting, palpitations, pallor, diaphoresis, de- creased LOC. 18 ...... Choking episode ...... ALS 19 ...... Cold exposure ...... Potentially life or limb threatening ...... ALS Temperature< 95F, deep frost bite, other emergency conditions. 20 ...... Cold exposure ...... With symptoms ...... BLS Shivering, superficial frost bite, and other emergency conditions. 21 ...... Altered level of consciousness (non- ...... ALS Acute condition with Glascow Coma traumatic). Scale<15. 22 ...... Convulsions/Seizures ...... Seizing, immediate post-seizure, post- ALS ictal, or at risk of seizure & requires medical monitoring/observation. 23 ...... Eye symptoms, non-traumatic ...... Acute vision loss and/or severe pain .... BLS 24 ...... Non traumatic headache ...... With neurologic distress conditions ...... ALS 25 ...... Non traumatic headache ...... Without neurologic symptoms ...... BLS 26 ...... Cardiac Symptoms other than chest Palpitations, skipped beats ...... ALS pain. 27 ...... Cardiac symptoms other than chest Atypical pain or other symptoms ...... ALS Persistent nausea and vomiting, weak- pain. ness, hiccups, pleuritic pain, feeling of impending doom, and other emer- gency conditions. 28 ...... Heat Exposure...... Potentially life-threatening...... ALS Hot and dry skin, Temp>105, neurologic distress, signs of heat stroke or heat exhaustion, orthostatic vitals, other emergency conditions. 29 ...... Heat exposure ...... With symptoms ...... BLS Muscle cramps, profuse sweating, fa- tigue. 30 ...... Hemorrhage ...... Severe (quantity) ...... ALS Uncontrolled or significant signs of shock, other emergency conditions. 31 ...... Hemorrhage ...... Potentially life-threatening ...... ALS Active vaginal, rectal bleeding, hematemesis, hemoptysis, epistaxis, active post-surgical bleeding. 32 ...... Infectious diseases requiring isolation ...... BLS procedures / public health risk. 33 ...... Hazmat Exposure ...... ALS Toxic fume or liquid exposure via inha- lation, absorption, oral, radiation, smoke inhalation. 34 ...... Medical Device Failure...... Life or limb threatening malfunction, ALS Malfunction of ventilator, internal pace- failure, or complication. maker, internal defibrillator, im- planted drug delivery device. 35 ...... Medical Device Failure ...... Health maintenance device failures ...... BLS O2 supply malfunction, orthopedic de- vice failure. 36 ...... Neurologic Distress ...... Facial drooping; loss of vision; aphasia; ALS difficulty swallowing; numbness, tin- gling extremity; stupor, delirium, con- fusion, hallucinations; paralysis, pa- resis (focal weakness); abnormal movements; vertigo; unsteady gait/ balance; slurred speech, unable to speak. 37 ...... Pain, acute and severe not otherwise Patient needs specialized handling to BLS specified in this list. be moved: pain exacerbated by movement. 38 ...... Pain, severe not otherwise specified in Acute onset, unable to ambulate or sit BLS Pain is the reason for the transport. this list. 39 ...... Pain, severe not otherwise specified in ALS Use severity scale (7±10 for severe this list. pain), pt. receiving pre-hospital phar- macologic intervention.
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ADDENDUM AÐContinued [** When using this chart, use all codes that apply **]
On-scene condition On-scene condition Svc. Comments and examples # (general) (specific) Lev. [not all-inclusive]
40 ...... Back painÐnon-traumatic (T and/or Suspect cardiac or vascular etiology .... ALS Other emergency conditions, absence LS). of or decreased leg pulses, pulsatile abdominal mass, severe tearing ab- dominal pain. 41 ...... Back painÐnon-traumatic (T and/or New neurologic symptoms ...... ALS Neurologic distress list. LS). 42 ...... Poisons, ingested, injected, inhaled, Adverse drug reaction, poison expo- ALS absorbed. sure by inhalation, injection or ab- sorption. 43 ...... Alcohol intoxication, drug overdose Unable to care for self; unable to am- BLS. (suspected). bulate; no risk to airway; no other symptoms. 44 ...... Alcohol intoxication, drug overdose All others, including airway at risk, ALS. (suspected). pharmacological intervention, cardiac monitoring. 45 ...... PostÐoperative procedure complica- Major wound dehiscence, evisceration, BLS Orthopedic appliance; prolapse. tions. or requires special handling for trans- port. 46 ...... Pregnancy complication/ Childbirth/ ...... ALS Labor. 47 ...... Psychiatric/Behavioral ...... Abnormal mental status; drug with- ALS Suicidal, homicidal, hallucinations, vio- drawal. lent, Disoriented, DT's, withdrawal symptoms, transport required by state law/court order. 48 ...... Psychiatric/Behavioral ...... Threat to self or others, severe anxiety, BLS acute episode or exacerbation of paranoia, or disruptive behavior. 49 ...... Sick Person...... Fever with associated symptoms ALS (headache, stiff neck, etc.). 50 ...... Sick Person ...... Fever without associated symptoms ..... BLS >102 in adults; >104 in children. 51 ...... Sick Person ...... No other symptoms ...... BLS With other emergency conditions 52 ...... Sick Person ...... Nausea and vomiting, diarrhea, severe ALS and incapacitating. 53 ...... Unconscious, Fainting, Syncope...... Transient unconscious episode or ALS found unconscious. 54 ...... Near syncope, weakness or dizziness Acute episode or exacerbation ...... ALS 55 ...... Medical/Legal ...... State or local ordinance requires ambu- BLS Minor with no guardian; DWI arrest at lance transport under certain condi- MVA for evaluation; arrests and tions. medical conditions (psych, drug OD).
Emergency ConditionsÐTrauma
56 ...... Major trauma ...... As defined by ACS Field Triage Deci- ALS Trauma with one of the following: sion Scheme. Glascow <14; systolic BP<90; RR<10 or >29; all penetrating inju- ries to head, neck, torso, extremities proximal to elbow or knee; flail chest; combination of trauma and burns; pelvic fracture; 2 or more long bone fractures; open or depressed skull fracture; paralysis; severe mecha- nism of injury including: ejection, death of another passenger in same patient compartment, falls >20'', 20'' deformity in vehicle or 12'' deformity of patient compartment, auto pedes- trian/bike, pedestrian thrown/run over, motorcycle accident at speeds >20 mph and rider separated from vehicle. 57 ...... Other trauma ...... Need to monitor or maintain airway ...... ALS Decreased LOC, bleeding into airway, trauma to head, face or neck. 58 ...... Other trauma ...... Major bleeding ...... ALS Uncontrolled or significant bleeding. 59 ...... Other trauma ...... Suspected fracture/dislocation requiring BLS Spinal, long bones, and joints including splinting/immobilization for transport. shoulder elbow, wrist, hip, knee, and ankle, deformity of bone or joint. 60 ...... Other trauma ...... Penetrating extremity injuries ...... BLS Isolated with bleeding stopped and good CSM. 61 ...... Other trauma ...... AmputationÐdigits ...... BLS
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ADDENDUM AÐContinued [** When using this chart, use all codes that apply **]
On-scene condition On-scene condition Svc. Comments and examples # (general) (specific) Lev. [not all-inclusive]
62 ...... Other trauma ...... AmputationÐall other ...... ALS 63 ...... Other trauma ...... Suspected internal, head, chest, or ab- ALS Signs of closed head injury, open head dominal injuries. injury, pneumothorax, hemothorax, abdominal bruising, positive abdom- inal signs on exam, internal bleeding criteria, evisceration. 64 ...... Other trauma...... Severe pain requiring pharmacologic ALS See severity scale. pain control. 65 ...... Other trauma ...... Trauma NOS: it is up to the provider to BLS Ambulance required because injury is furnish sufficient documentation to associated with other emergency support this claim. conditions or other reasons for trans- port exist such as special patient handling or patient safety issues. 66 ...... Burns ...... MajorÐper ABA ...... ALS Partial thickness burns > 10% TBSA; involvement of face, hands, feet, genitalia, perineum, or major joints; third degree burns; electrical; chem- ical; inhalation; burns with preexisting medical disorders; burns and trauma; 67 ...... Burns ...... MinorÐper ABA ...... BLS Other burns than listed above. 68 ...... Lightning ...... ALS 69 ...... Electrocution ...... ALS 70 ...... Near Drowning ...... ALS 71 ...... Eye injuries...... Acute vision loss or blurring, severe BLS pain or chemical exposure, pene- trating, severe lid lacerations.
Reason for transport Reason for transport Svc. # (general) (specific) Lev. Comments
Non-Emergency
72 ...... Bed confined (at the time of transport) *Unable to get up without assistance; BLS Patient is going to a medical proce- and. dure, treatment, testing, or evaluation *Unable to ambulate; and that is medically necessary. *Unable to sit in a chair or wheelchair 73 ...... ALS monitoring, required ...... Cardiac/hemodynamic monitoring re- ALS Expectation monitoring is needed be- quired en route. fore and after transport. 74 ...... ALS monitoring, required ...... Advanced airway management ...... ALS Ventilator dependent, apnea monitor, possible intubation needed, deep suctioning. 75 ...... ALS monitoring, required ...... IV meds required en route ...... ALS Does not apply to self-administered IV medications. 76 ...... ALS monitoring, required ...... Chemical restraint ...... ALS 77 ...... BLS monitoring required ...... Suctioning required en route ...... BLS Per transfer instructions. 78 ...... BLS monitoring required ...... Airway control/positioning required en BLS Per transfer instructions. route. 79 ...... BLS monitoring required...... Third party assistance/attendant re- BLS Does not apply to patient capable of quired to apply, administer, or regu- self-administration of portable or late or adjust oxygen en route. home O2. Patient must require oxy- gen therapy and be so frail as to re- quire assistance. 80 ...... Specialty care monitoring ...... A level of service provided to a criti- SCT cally injured or ill patient beyond the scope of the national paramedic cur- riculum.
81 ...... Medical conditions that contraindicate Patient Safety: Dan- In restraints ...... BLS Refer to definition in the CFRÐsec. transport by other means. ger to self or oth- 482.13(e). ers. 82 ...... Medical conditions that contraindicate Patient safety: Dan- Monitoring ...... BLS Behavioral or cognitive risk such that transport by other means. ger to self or oth- patient requires monitoring for safe- ers. ty.
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83 ...... Medical conditions that contraindicate Patient safety: Dan- Seclusion (Flight BLS Behavioral or cognitive risk such that transport by other means. ger to self or oth- risk). patient requires attendant to assure ers. patient does not try to exit the am- bulance prematurely. CFR sec. 482.13(f)(2) for definition. 84 ...... Medical conditions that contraindicate Patient safety Risk of falling off BLS Patient's physical condition is such transport by other means. wheel chair or that patient risks injury during vehi- stretcher while in cle movement despite restraints. In- motion. direct indicators include MDS cri- teria. 85 ...... Medical conditions that contraindicate Special handling en Isolation ...... BLS Includes patients with communicable transport by other means. route. diseases or hazardous material ex- posure who must be isolated from public or whose medical condition must be protected from public expo- sure; surgical drainage complica- tions. 86 ...... Medical conditions that contraindicate Special handling en Patient Size ...... BLS Morbid obesity which requires addi- transport by other means. route. tional personnel or equipment to transfer. 87 ...... Medical conditions that contraindicate Special handling en Orthopedic device ... BLS Backboard, halotraction, use of pins transport by other means. route. and traction, etc. 88 ...... Medical conditions that contraindicate Special handling en 1 person for physical BLS transport by other means. route. assistance in transfers. 89 ...... Medical conditions that contraindicate Special handling en Severe pain ...... BLS Pain must be aggravated by transfers transport by other means. route. or moving vehicle such that trained expertise of EMT required (pain scale). Pain is present, but is not sole reason for transport. 90 ...... Medical conditions that contraindicate Special handling en Positioning requires BLS Requires special handling to avoid fur- transport by other means. route. specialized han- ther injury (such as with >grade 2 dling. decubiti on buttocks). Generally does not apply to shorter transfers of <1 hour. Positioning in wheelchair or standard car seat inappropriate due to con- tractures or recent extremity frac- turesÐpost-op hip as an example.
# Reason for transfer (general) Reason for transfer (specific) Ser. Lev. Comments
Inter-facility
91 ...... EMTALA-certified inter-facility Physician has made the deter- BLS, ALS, SCT, FW, RW .. Excludes patient-requested transfer to a higher level of mination that this transfer is EMTALA transfer. care. neededÐCarrier only needs to know the level of care and mode of transport. 92 ...... Service not available at origi- ...... BLS, ALS, SCT, FW, RW .. Specify what service is not avail- nating facility, and must meet able. one or more emergency or non-emergency conditions. 93 ...... Service not covered ...... Indicates to Carrier that claim should be automatically de- nied.
[FR Doc. 00–23195 Filed 9–11–00; 8:45 am] BILLING CODE 4120±01±P
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Part III
Department of Agriculture Food and Nutrition Service
7 CFR Part 226 Child and Adult Care Food Program; Improving Management and Program Integrity; Proposed Rule
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DEPARTMENT OF AGRICULTURE Rothstein at the above address or by • Whether State agencies and telephone at (703) 305–2620. A participating institutions complied with Food and Nutrition Service regulatory impact analysis was applicable laws, regulations, and completed as part of the development of guidance. 7 CFR Part 226 this proposed rule. Copies of this These audits found serious types of RIN 0584±AC24 analysis may be requested from Mr. regulatory noncompliance by both Morawetz or Ms. Rothstein. sponsors and homes, including: • Child and Adult Care Food Program; SUPPLEMENTARY INFORMATION: Meals claimed for absent children; • Improving Management and Program Meals claimed for nonexistent Integrity Background homes and children; • Why is USDA issuing this proposed Lack of documentation for meal AGENCY: Food and Nutrition Service, rule? counts and/or menu records; USDA. • Failure by sponsors to perform ACTION: Proposed rule. In recent years, State and Federal required monitoring visits; and Program reviews have found numerous • Sponsors’ failure to require SUMMARY: This rule proposes changes to cases of mismanagement, abuse, and, in providers to attend training. the Child and Adult Care Food Program some instances, fraud by child care Later, OIG conducted additional regulations. These changes result from institutions and facilities, especially audits of family day care home and the findings of State and Federal (though not exclusively) in the family child care center sponsors, many of Program reviews and from audits and day care home component of the Child which State or Federal Program investigations conducted by the Office and Adult Care Food Program (CACFP). administrators had suspected of having of Inspector General. This rule proposes These reviews revealed weaknesses in serious management problems. to revise: State agency criteria for State agency and institution These targeted audits, which were approving and renewing institution management controls over Program released in August of 1999 and were applications; certain State- and operations, and examples of regulatory referred to collectively as ‘‘Operation institution-level monitoring noncompliance by institutions, Kiddie Care’’ by OIG, confirmed the requirements; Program training and including failure to pay facilities or findings of the 1995 audits and other operating requirements for child failure to pay them in a timely manner; developed additional findings as well. care institutions and facilities; and other improper use of Program funds for non- provisions which we are required to Program expenditures; and improper What were OIG’s recommendations to change as a result of the Healthy Meals meal reimbursements due to incorrect FNS in the 1995 audit? for Healthy Americans Act of 1994, the meal counts or to miscategorized or Based on its findings, OIG’s 1995 Personal Responsibility and Work incomplete income eligibility audit recommended changes to CACFP Opportunities Reconciliation Act of statements. In addition, audits and review requirements and management 1996, and the William F. Goodling investigations conducted by the Office controls. Their most significant Child Nutrition Reauthorization Act of of Inspector General (OIG) have raised recommendations were that the CACFP 1998. Additional statutory changes serious concerns regarding the adequacy regulations be amended to require that: resulting from enactment of Public Law of financial and administrative controls • Sponsors and State agencies make 106–224, the Agricultural Risk in CACFP. unannounced monitoring visits to day Protection Act of 2000, will be care homes; Why did OIG conduct these audits and addressed in one or more future • Parental contacts be made in order investigations? rulemaking actions. The proposed to verify children’s Program changes are primarily designed to The Food and Nutrition Service (FNS) participation; improve Program operations and asked OIG to conduct an audit of the • Sponsor reviews of day care homes monitoring at the State and institution family day care home component of include, at a minimum, reconciliation of levels and, where possible, to streamline CACFP because of the results of State enrollment, attendance, and meal claim and simplify Program requirements for and Federal Program reviews. OIG data; State agencies and institutions. selected five States for inclusion in the • All family day care home providers audit based on the States’ total family receive training each year; and DATES: To be assured of consideration, • comments must be postmarked on or day care home sponsor and provider At a minimum, all State agency before December 11, 2000. Comments enrollment, program costs, and reviews include certain specified review will also be accepted via E Mail geographic location. Then, it randomly elements. submission at the following Internet selected family day care sponsors and In total, the 1995 audit made fifteen address: providers within those five States to be recommendations. We have completed [email protected]. included in the audits. action on the five OIG recommendations from the national audit which do not ADDRESSES: Comments should be What did the OIG audits reveal? require regulatory change. The other ten addressed to Mr. Robert Eadie, Chief, In 1995, OIG released a report (No. recommendations would require Policy and Program Development 27600–6–At) which presented the regulatory change, most of which are Branch, Child Nutrition Division, Food results of these five audits. The audits addressed in this preamble. and Nutrition Service, Department of evaluated: Recommendations from the 1995 audit Agriculture, 3101 Park Center Drive, • The adequacy of FNS, State agency, which were addressed in Public Law Room 1007, Alexandria, Virginia and family day care home sponsors’ 106–224 will be addressed in a separate 22302–1594. All written submissions financial and administrative controls rulemaking action. will be available for public inspection at over meal claims; We agree with the 1995 audit this location Monday through Friday, • The accuracy of Program and recommendations and believe they will 8:30 a.m.–5 p.m. participation data and claims for support our efforts to improve CACFP FOR FURTHER INFORMATION CONTACT: Mr. reimbursement submitted by family day administration. In some cases, we Edward Morawetz or Ms. Melissa care home sponsors; and believe that OIG’s recommendations
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Most of the ‘‘Operation Kiddie However, even if these budget review Care’’ audit’s recommendations for and suggestions offered by Program techniques are fully implemented and administrators and included in regulatory changes also appear in this work as intended, the current system proposed rule. Those which are not comprehensive CACFP management may perpetuate some of the incentive improvement guidance which FNS addressed in this rule will be included for sponsors to administer more homes, in a separate rulemaking action, due to issued in 1997 and 1998. because their administrative cost ceiling the fact that they were included in Pub. The preamble is divided into four will continue to be determined by the L. 106–224. The single exception to this parts: number of homes administered. We are statement is that we have not I. State agency review of institutions’ therefore asking readers of this rule to incorporated, either in this proposal or Program applications; in the separate rulemaking being comment on the following possible II. State agency and institution developed to implement Pub. L. 106– alternatives to the current system of monitoring requirements; 224, the audit’s recommendation for a administrative reimbursement for III. Training and other operational major Program design change in the way sponsors of family day care homes: requirements; and that sponsoring organizations of family • Eliminate ‘‘homes times rates’’ as a IV. Other provisions mandated by day care homes are reimbursed for their component of the administrative cost Pub. L. 103–448, the Healthy Meals for administrative expenses. We fully system, instead paying sponsors the Healthy Americans Act of 1994, Pub. L. concur with OIG regarding the lesser of actual costs or approved budget 104–193, the Personal Responsibility seriousness of the ‘‘Kiddie Care’’ audit’s amounts; and Work Opportunities Reconciliation findings, and have already addressed a • Act of 1996, and Pub. L. 105–336, the Establish a fixed percentage of the William F. Goodling Child Nutrition number of issues raised in that audit in meal reimbursement distributed to Program training which was provided to Reauthorization Act of 1998. providers as the sponsor’s While many of the changes proposed State agency staff during the fall and administrative payment. In other words, winter of 1999–2000. Nevertheless, we in Parts I–III of this preamble are if the sponsor disburses $300,000 per discretionary changes designed to have not received sufficient input from month in meal reimbursements to its the public and from Program improve Program management and providers, they would receive, in streamline Program operations, the stakeholders to make legislative or addition to the $300,000 in meal regulatory proposals regarding Program Department is also including a number reimbursements for its providers, up to design or structure at this time. of changes to the CACFP regulations some fraction (perhaps 10 to 15 percent) Therefore, we would like to use this which it is required to make by Pub. opportunity to solicit comment on this of that amount to cover all of their Laws 103–448, 104–193, and 105–336. recommendation from Program approved and allowable administrative Although the Department encourages stakeholders and others who are expenses; public comments on its approach to knowledgeable of CACFP. The major • Pay sponsors a fixed fee for each implementing the changes required by program design recommendation from reimbursable meal served by their these three laws, commenters are the ‘‘Kiddie Care’’ audit on which we providers; reminded that the provisions of these are seeking public comment is OIG’s • Lower the per home administrative laws, amending the Richard B. Russell proposal that we develop a new system rates for sponsors of more than 200 National School Lunch Act (NSLA), of administrative reimbursement for homes, to reduce their financial require that these changes be made. sponsors of family day care homes. The incentive to sponsor more homes; and Most of the mandatory changes are current administrative reimbursement • located in Part IV of this preamble, system for sponsors of family day care Any other system of administrative though some appear in other parts of the homes sets a cap on administrative reimbursement which commenters preamble, depending on whether the expenses which is based on the total might recommend. statutory change was thematically number of homes sponsored. Sponsors Ultimately, we will analyze comments related to the discretionary changes are paid the lesser of: the number of made in response to these possible being discussed in another part of the homes administered times a per home alternatives to the current preamble. Non-discretionary provisions administrative rate; actual administrative reimbursement system, will be identified in the preamble administrative costs; or the sponsor’s along with input gathered from other discussion. approved budget. Thus, under the Program stakeholders, and either In addition to the statutory provisions current structure, there is a built-in develop legislative proposals for above, on June 20, 2000, President incentive for day care home sponsors to congressional consideration or present a Clinton signed the Agricultural Risk administer more homes, and a built-in separate regulatory proposal for changes Protection Act (ARPA) of 2000. Section disincentive to terminate homes’ CACFP to this aspect of the Program, as 243 of that Act, entitled ‘‘Child and participation, even if the homes are appropriate. We plan to offer legislative Adult Care Food Program Integrity’’, doing a poor job of administering the proposals, and/or to issue another mandated a number of changes to Program, since a larger number of rulemaking or other guidance CACFP designed to reduce the risk of homes raises the ‘‘ceiling’’ on the addressing these issues, as appropriate, Program fraud, abuse, or sponsor’s administrative earnings. no later than March 31, 2001. mismanagement. To implement these
VerDate 112000 12:42 Sep 11, 2000 Jkt 190000 PO 00000 Frm 00003 Fmt 4701 Sfmt 4702 E:\FR\FM\12SEP3.SGM pfrm04 PsN: 12SEP3 55104 Federal Register / Vol. 65, No. 177 / Tuesday, September 12, 2000 / Proposed Rules mandated changes, we will soon Part I. State Agency Review of State agency has not conducted a review address in a separate complementary Institutions’ Program Applications of that institution since the last rulemaking action provisions which A. State Agency Review of a New agreement was signed or extended but relate to many of the issues and Institution’s Application has reason to believe that such a review provisions which are addressed in this is immediately necessary, the State rulemaking. The new statutory changes What does the law say with regard to the agency may approve the institution for affecting CACFP to be addressed in the duration of an application? a period of less than one year, pending second rulemaking are as follows: Section 204(a)(3) of Pub. L. 101–147 the completion of such a review. (1) Restructuring of the definition of amended section 17(d) of the NSLA (42 Is the Department proposing changes the term ‘‘institution’’ [Sec. 243(a)(1)–(7) U.S.C. 1766(d)) by adding a new other than giving State agencies the of ARPA]; paragraph (2)(A) which requires the option of using three-year applications? (2) Change to basic institution Department to ‘‘develop a policy that eligibility criteria: Yes. We are aware of the desirability allows institutions providing child care of establishing less burdensome (a) Institutions must not have been . . . , at the option of the State agency, application requirements. The original determined ineligible to participate in to reapply for assistance . . . at 2-year requirements were promulgated at a any publicly-funded program [Sec. intervals.’’ It also requires that State time when State agencies and 243(a)(8)(A)]; agencies choosing this option must institutions were required to deal with (b) Requirement that sponsors employ ‘‘confirm on an annual basis’’ that each a new and rapidly expanding program. an appropriate number of monitoring participating institution is in However, by 1990, when we convened staff [Sec. 243(a)(8)(B)]; compliance with the licensing and the Task Force on Paperwork Reduction (c) Restrictions on outside approval requirements set forth at in Child Nutrition Programs (which was employment for sponsor employees section 17(a)(1) (42 U.S.C. 1766(a)(1)). mandated by section 108 of Pub. L. 101– [Sec. 243(a)(8)(D)]; and Later, in 1994, section 116(b) of Pub. L. 147, the Child Nutrition and WIC (d) State bonding requirements [Sec. 103–448 amended section 17(d)(2)(A) Reauthorization Act of 1989), the 243(a)(8)(D)]; (42 U.S.C. 1766 (d)(2)(A)) by extending CACFP application was frequently cited (3) Conditions for approval of the two-year CACFP reapplication as including redundant and unnecessary institutions [Sec. 243(b)(1)] including: interval to three years. The enactment of elements, and as requiring the annual (a) Requiring all institutions these provisions lessened the burden submission of information for which participating in CACFP to be financially placed on State agencies and updates either are not needed that viable, administratively capable, and institutions by eliminating the frequently or are already collected in have internal controls in place to ensure requirement for an annual Program monthly reports. We therefore believe it Program accountability; application. In addition, the provisions is appropriate to consider regulatory (b) Eliminating the participation of gave State agencies the option of changes other than the single change private nonprofit institutions which are allowing institutions to apply for (giving State agencies the option of in a ‘‘moving towards tax exempt’’ participation at other than annual taking applications on an up to three- status; and intervals. year cycle) required by the statute. (c) Requiring that new sponsors Are three-year and one-year What other general changes to the demonstrate a need for their services, by applications the only options available application process does this rule showing that they provide Program to the State agency? propose? benefits to currently unserved facilities or children. No. Although the statute requires There are four. reapplication for participation at least (4) Basic monitoring requirements First, this rule proposes to reorganize once every three years, we believe that [Sec. 243(b)(2)]; sections 226.6(b) and (f). It proposes that it does not require annual or biennial (5) Provision of Program information section 226.6(b) set forth the broad applications to be the only alternatives to parents [Sec. 243(b)(4)]; requirements for the information which to the triennial option. Therefore, this institutions must include in their (6) Allowable administrative expenses rule proposes to remove the references applications, and that section 226.6(f) for sponsoring organizations [Sec. to an annual application found in the specify the frequency with which the 243(b)(5)]; introductory paragraphs of current institution would be required to update (7) Termination or suspension of sections 226.6(b) and 226.6(f), and in the information contained in its original participating organizations, corrective section 226.7(g), and to further revise application. action, hearings, disqualified list [Sec. section 226.6(b) to require each On September 26, 1995, we issued 243(c)]; institution to reapply for participation at updated guidance pertaining to the (8) Funds recovery [Sec. 243(d)]; a time determined by the State agency, multi-year application renewal option. (9) Limitation on center sponsors’ as long as not more than three years This guidance gave State agencies an administrative expenses [Sec. 243(e)]; have elapsed since its last application opportunity to implement the statutory (10) Provider transfers [Sec. 243(f)]; approval. This proposal would not changes prior to publication of a (11) Addition of third State to for- prevent administering agencies from regulation, and also enabled them to profit demonstration project [Sec. retaining an annual application process; eliminate from their applications any 243(g)]; rather, it would give State agencies the unnecessary or duplicative information (12) Training and technical assistance option to consider whether the annual which renewing institutions were on fraud and abuse identification and renewal of applications represents the previously required to submit. That prevention [Sec. 243(h)]; most efficient and effective means of guidance also provided State agencies (13) At-risk program [Sec. 243(i)]; and carrying out their Program with broad parameters for determining (14) Withholding of State responsibilities, and to consider any how often they need to require Administrative Expense Funds (SAE) length of application between 12 and 36 institutions to submit updated due to State failure to train or monitor months. In addition, if an institution information concerning various aspects [Sec. 243(j)]. submits a renewal application, and the of the institution’s Program operations.
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Most of the provisions of that guidance for cause and placed on the seriously • Submit enrollment information and are being proposed without change in deficient list by one State was an assurance that providers’ own this rule. subsequently admitted to participation children enrolled in the Program are Second, current Program regulations by another State. Thus, we are eligible for free and reduced price meals at sections 226.6(b), 226.6(f), 226.7(g), proposing to add regulatory language [sponsoring organizations of family day 226.15(b), 226.16(b) and 226.23(a) all requiring that a State agency consult the care homes only]; establish various requirements for seriously deficient list, and deny the • Issue a nondiscrimination policy Program applications. We propose to application of any institution or statement and media release; consolidate these requirements so that individual on the list, whenever it • Submit a management plan State agencies and institutions may reviews any institution’s application to [sponsoring organizations only]; more easily refer to them in the participate. • Submit an administrative budget; • regulations during the application Accordingly, this proposed rule Submit documentation that child process. would remove the requirements for care facilities are in compliance with Third, we also believe it is useful to licensing/approval requirements; application content and the application • differentiate between the application process found at section 226.6(b)(1)– Submit documentation that they are requirements for ‘‘new’’ and ‘‘renewing’’ (10), section 226.6(f)(2) and (3), section in compliance with the requirements institutions. It is appropriate to 226.15(b), and section 226.23(a); add pertaining to receipt of Title XIX or Title recognize these distinctions since XX benefits [proprietary centers only]; definitions of ‘‘new’’ and ‘‘renewing’’ • institutions applying to enter the institutions to section 226.2; revise and Indicate a preference for Program for the first time, or to re-enter reorganize sections 226.6(b) and (f); and commodities or cash-in-lieu of the Program after a lapse in commodities [centers only]; and make other changes to relocate, revise, • participation, should be evaluated on a or delete the requirements of these and Indicate a preference to receive all, different basis than those which have other parts of the current regulations, as part or none of an advance payment. Current section 226.6(b)(10) also been participating for some time. Even follows. greater attention needs to be paid to requires State agencies to: first-time applicants and applicants re- Won’t a shorter Program application • Notify institutions within 15 entering the Program after a lapse in give State agencies less information calendar days of receipt of an participation, so that they will about the institutions whose potential incomplete application; successfully operate the Program from ability to operate the Program is being • Provide technical assistance to the start. assessed? institutions which submitted an We believe that the need to ensure incomplete application; and that new applicants are brought into the No. Although some may view less • Approve or disapprove applications Program successfully is best served by a frequent applications and fewer within 30 calendar days of receipt of a regulation which establishes specific application requirements as contrary to complete application. minimum requirements for applications this proposal’s stated intent to improve Current sections 226.6(f)(1)–(3) and submitted by new institutions, but Program management, we do not believe 226.7(g) expand upon the requirements which allows State agencies to largely that streamlined, multi-year application of sections 226.6(b)(1), (5), and (6) by manage the continued participation of procedures for renewing institutions describing the information to be renewing institutions through the will impede State agencies’ ability to included in the Program agreement and application renewal process in the improve Program management. In fact, the management plan, and by manner they see fit. Therefore, this rule the less frequent processing of renewal establishing requirements pertaining to proposes very specific application applications, coupled with the the State agency’s review and approval requirements for new institutions. elimination of unnecessary information of the administrative budget. Current However, for renewing institutions, this on the application, should allow State section 226.15(b) reiterates the annual rule proposes to specify only that the agencies to devote more time to institution application requirements set reapplication be evaluated on the basis evaluating applicant institutions’ forth in section 226.6(b) and requires of the institution’s ability to operate the potential ability to operate the Program that nonprofit institutions submit Program properly, efficiently, and properly, efficiently, and effectively, evidence of their tax exempt status in effectively as documented in its especially through review of the accordance with section 226.15(a). management plan (if the institution administrative budgets submitted by all Current section 226.16(b) reiterates the sponsors child care facilities), its institutions and the management plans annual application requirements administrative budget, and its prior submitted by sponsoring organizations pertaining to institutions which are record in operating the Program. The of homes and/or centers. sponsoring organizations of child care proposed revisions to section 226.6(f) What specific application requirements facilities, and section 226.23(a) requires would specify those information are in the current regulations? that each institution submit, and State elements which institutions would be agencies approve, a free and reduced required to update on a regular basis, Section 226.6(b) of the current price policy statement to be used in all regardless of the duration of time which regulations establishes the broad State child care and adult day care facilities the State agency allows an application agency requirements governing the under the institution’s supervision as to be in effect. annual application process for part of the annual application process. Fourth, and finally, the results of OIG institutions and for the facilities on audit activity have convinced us that whose behalf sponsoring organizations What changes to the current State agencies must be explicitly apply. As part of the annual requirements does this rulemaking required to consult the seriously application/re-application process, an propose, and why? deficient list when reviewing any institution must currently: Current section 226.6(b), introductory institution’s application for • Renew its Program agreement; paragraph and (b)(1): Program participation. In several instances, OIG • Submit current enrollment and free agreement— found that an institution or individual and reduced price meal eligibility First, all references to the agreement which had been terminated from CACFP information [centers only]; under the current introductory
VerDate 112000 12:42 Sep 11, 2000 Jkt 190000 PO 00000 Frm 00005 Fmt 4701 Sfmt 4702 E:\FR\FM\12SEP3.SGM pfrm04 PsN: 12SEP3 55106 Federal Register / Vol. 65, No. 177 / Tuesday, September 12, 2000 / Proposed Rules paragraph to section 226.6(b) would be elements as set forth in the proposed maintained for new sponsoring removed; current section 226.6(b)(1) revision to section 226.6(f). organizations of family day care homes would be removed and replaced with a As noted previously, under this at revised section 226.6(b)(1)(i)(B), in new section 226.6(b)(1); and the specific proposed revision to the application that sponsors would be required to requirements pertaining to agreements process, State agencies would continue provide an estimate of their annual which appear at current section to be responsible for distributing to, and aggregate enrollment for planning 226.6(f)(1) would be relocated to a new collecting from, participating purposes; State agencies could include section 226.6(b)(2) dealing with institutions certain Program information or exclude this requirement from agreements. and data, and for ensuring that the sponsoring organizations’ renewal Second, the basic requirement that CACFP is being operated in compliance applications. The specific data reporting State agencies establish an application with all regulatory requirements. In this requirements pertaining to tier I and tier process, and the general requirements of proposed rule, these additional State II homes and meals, which are currently that process, would be included in the agency responsibilities for information found at section 226.6(f)(11), have been introductory text of proposed section collection or dissemination outside of included in proposed section 226.6(b)(1). the application process are grouped into 226.6(b)(1)(i)(B) as a required part of the In addition, the introductory text three paragraphs within revised and application for new family day care would require State agencies to reorganized section 226.6(f), home sponsoring organizations, and establish a reapplication process and to ‘‘Miscellaneous responsibilities’’. current section 226.6(f)(11) is proposed meet the statutorily mandated deadlines Section 226.6(f)(1) would delineate to be deleted. These data reporting for review of an institution’s responsibilities, including the collection requirements would only be included in application. However, this paragraph or distribution of certain information, proposed section 226.6(f)(1) indirectly, would only specify that applications be which State agencies would be required insofar as the estimated number of in effect for a maximum of 36 months. to perform annually; section 226.6(f)(2) homes and children enrolled would be Otherwise, State agencies would be free would list State agency responsibilities an integral part of the institution’s to establish their own reapplication to be performed at least once every three budget which the State agency would requirements, provided that the years; and section 226.6(f)(3) would collect annually in accordance with requirements of section 226.6(f)—which enumerate those State agency proposed section 226.6(f)(1)(vi). The fact would specify the timeframes for responsibilities which could be that this information will be collected complied with at intervals established at submitting and re-submitting monthly on the FNS–44 form, starting in the State agency’s discretion, though not documentation of compliance with Fiscal Year 2000, means that sponsoring more frequently than annually. organizations would far exceed this specific Program requirements, as Current section 226.6(b)(2): Child care discussed below—are met. requirement. center requirements pertaining to free Current sections 226.6(b)(4), Proposed section 226.6(b)(1)(i) would and reduced price eligibility 226.15(b)(5), and 226.23(a): contain the minimum requirements for The current regulations at section Nondiscrimination policy statement and new applicants, and would include 226.6(b)(2) require that centers submit media release— most of the required elements of the current free and reduced price eligibility Current sections 226.6(b)(4) and application set forth at current section information annually. This requirement 226.15(b)(5) require the ‘‘issuance of a 226.6(b)(1)–(10), modified slightly as would be relocated to proposed section nondiscrimination policy statement and discussed below, as well as the specific 226.6(b)(1)(i)(A), and new independent media release’’ as part of the annual language regarding the content of the centers and new sponsors of centers application. The wording of this sponsor’s management plan found at would continue to be required to submit requirement at proposed section current section 226.6(f)(2). The such information to the State agency 226.6(b)(1)(i)(C) will be altered slightly modifications to the wording of the with their initial application. In to require that each new institution requirements set forth in current section addition, collection of this information submit its free and reduced price policy 226.6(b)(1)–(10) are necessitated by the by the State agency would be required statement, its nondiscrimination policy distinctions being drawn in this annually at proposed section 226.6(f)(1) statement, and a copy of its media proposal between new applicants and to enable the State agency to use this release announcing the Program’s renewing institutions; these specific information to construct an annual availability at participating child care items will now only be required of new claiming percentage or blended rate for facilities. Because section 722 of Pub. L. applicants. In addition, current section each participating child care center in 104–193 prohibited institutions from 226.6(b)(10), which makes the accordance with section 226.9(b) of the being required to re-submit the policy institution’s ‘‘choice to receive all, part, current regulations. In States where the statement unless it was substantively or none of the advance payment’’ a part administering agency mandates the changed, section 226.6(b)(1)(ii) would of the application, must be modified ‘‘actual count’’ method for centers, such prohibit State agencies from requiring due to Pub. L. 104–193’s elimination of information would already be submitted resubmission unless the institution has the requirement that State agencies on a monthly basis. made substantive changes to the make advance payments available to Current section 226.6(b)(3): Family statement. However, all institutions Program institutions upon request. day care home sponsoring organization would continue to be required, at Proposed section 226.6(b)(1)(ii) would requirements for submission of proposed section 226.6(f)(1), to annually require State agencies to establish enrollment information— submit to the State agency procedures for reviewing the Current section 226.6(b)(3) requires documentation that they had issued a applications of renewing institutions no sponsors of family day care homes to media release which informed the more than annually and no less than annually provide aggregate enrollment public of the Program’s availability, and every three years. The proposed rule information for the homes they sponsor State agency collection of the would allow State agencies to determine and to confirm the eligibility of nondiscrimination statement would be the remaining content of the renewal providers’ children for free and reduced done on an ‘‘as needed’’ basis (i.e., only application, provided that institutions price meals. Under this proposed rule, when the institution made substantive continue to update Program information these requirements would be changes to its free and reduced price
VerDate 112000 12:42 Sep 11, 2000 Jkt 190000 PO 00000 Frm 00006 Fmt 4701 Sfmt 4702 E:\FR\FM\12SEP3.SGM pfrm04 PsN: 12SEP3 Federal Register / Vol. 65, No. 177 / Tuesday, September 12, 2000 / Proposed Rules 55107 policy) under proposed section 226.6(f)(3) and 226.7(g) require the State in the budget shall be necessary, 226.6(f)(3). Because these requirements agency to: reasonable, allowable, and allocable in would now be located at proposed • Review and approve administrative accordance with Department financial section 226.6(f), the current budgets; management regulations, OMB requirements at section 226.15(b)(5) • Limit the allowable administrative circulars, and the CACFP Financial would be removed. Finally, the current costs of family day care home Management Instruction. The audits requirement at section 226.23(a) for the sponsoring organizations to the conducted by OIG revealed State agency institution to submit its free and administrative costs in their approved budget review to be a particular reduced price policy statement with its budgets; and weakness in a number of States, and it • application would be revised to conform Establish administrative cost limits is important to emphasize the purpose to the new requirements of Pub. L. 104– for other institutions [e.g., independent of the budget review and the budget 193. centers and sponsors of centers] as it amendment process in the regulatory Current section 226.6(b)(5): sees fit. text itself. This proposed rule would continue to Sponsoring organization management Current sections 226.6(b)(7), require, at proposed sections plans— 226.15(b)(4), and 226.16(b)(3): Licensing 226.6(b)(1)(i)(E) and (b)(1)(ii), that both The current requirement at section and Approval Information— new and renewing institutions submit 226.6(b)(5), under which sponsoring The current application requirements administrative budgets for State agency organizations must annually submit a at sections 226.6(b)(7), 226.15(b)(4), and approval with their applications. In management plan as part of their 226.16(b)(3) require documentation of addition, this rule proposes at section licensing or approval to be submitted application, would be moved to 226.6(f)(1) that revised budgets be proposed section 226.6(b)(1)(i)(D), each year. As previously noted, section submitted for State agency review and 17(d)(2)(B) of the NSLA requires that governing the submission of approval by all sponsoring organizations applications by new institutions, as State agencies exercising the option to each year, and at proposed section take applications at other than annual would the substance of current section 226.6(f)(3) that the administrative intervals are nevertheless required to 226.6(f)(2), which details the specific budgets of independent centers be ‘‘confirm on an annual basis that each elements which must be included in a submitted as frequently as the State such institution is in compliance with sponsor’s management plan. Because it agency deems necessary. [Note: routine the licensing or approval provisions of is such a critical document in adjustments to annual budget [section 17(a) of the law].’’ (emphasis establishing a sponsoring organization’s projections are reviewed by State added) Therefore, this rule continues to ability to perform its Program agencies for all CACFP institutions on require (at section 226.6(b)(1)(i)(F)) that responsibilities, this rule also proposes an ongoing basis, in accordance with facilities submit documentation of their to specifically require an updated section 226.7(g)]. Finally, the reference licensure or approval. The Department management plan to be part of to ‘‘annual’’ budgets currently found in also proposes that revised section sponsoring organizations’ renewal section 226.7(g) would be deleted, since 226.6(f)(1) include the requirement that applications. Because of this proposal to budgets for independent centers would State agencies annually obtain from require submission of a current no longer be required on an annual institutions or facilities the licensure or management plan with the renewal basis. However, all budgets, whenever approval status of any facility which is application, we propose to leave more submitted, would be required to required to be licensed or approved. frequent updates of the plan to the State demonstrate the institution’s ability to However, with regard to this agency’s discretion if the State agency manage Program funds in accordance requirement, the Department wishes to has chosen to take applications less with this Part, OMB circulars, FNS stress that this system would not frequently than annually and to include Instruction 796–2, and the Department’s necessarily have to include the the management plan update Uniform Financial Management submission of the same ‘‘hard copy’’ requirement at revised section Requirements. paper documentation year after year. 226.6(f)(2), meaning that the State Our September 26, 1995, guidance Some State CACFP agencies have made agency would be required to collect the concerning application requirements arrangements with the State licensing amended plan from sponsors no less permitted institutions which sponsored agency to provide them with frequently than every three years. only centers to submit budget revisions computerized updates, either by The only portion of the management every three years. However, due to providing a list of all licensed facilities plan which would require annual concerns raised by OIG in the Kiddie or by notifying the CACFP State agency updating would be the sponsoring Care audits regarding the amount of on an ‘‘exception’’ basis of any child organization’s administrative budget, as administrative costs claimed by some care facility whose license/approval has discussed in the next paragraph of this sponsors of centers, this rule proposes lapsed or been terminated. The preamble. Of course, justification for to require all sponsoring organizations Department encourages such changes to a sponsoring organization’s (whether of homes and/or centers) to arrangements in the interest of reducing budget assumptions might also require resubmit their entire budget for annual administrative burden, while amendments to other portions of the review by the State agency. The 1995 maintaining Program integrity and management plan dealing with staffing, guidance remains in effect until such statutory and regulatory compliance. projected growth or decline in the time as the Department issues a final Current sections 226.6(b)(7) and number of providers sponsored, or other version of this proposed rule, but the 226.15(a): Tax-exempt status factors. Department encourages State agencies to information— Current sections 226.6(b)(6) and review the administrative budgets of Current regulations at section 226.15(b)(3): Institutions’ administrative center sponsors on a more frequent basis 226.6(b)(7) and 226.15(a) require budgets— than was required in the 1995 guidance. institutions to document their tax- Current sections 226.6(b)(6) and Finally, to underscore the importance exempt status as part of their 226.15(b)(3) require that institutions of the State agency’s review of the application. This requirement would be annually submit administrative budgets institution’s budget, we propose to retained for new sponsors at proposed with their application. Current sections specifically state that all approved costs section 226.6(b)(1)(i)(G). However, we
VerDate 112000 12:42 Sep 11, 2000 Jkt 190000 PO 00000 Frm 00007 Fmt 4701 Sfmt 4702 E:\FR\FM\12SEP3.SGM pfrm04 PsN: 12SEP3 55108 Federal Register / Vol. 65, No. 177 / Tuesday, September 12, 2000 / Proposed Rules propose to place the periodic The current provisions at sections relocated at proposed section resubmission of such documentation at 226.6(f)(5)–(6), which require that State 226.6(f)(1)(i)–(iii), since they relate to the State agency’s discretion at revised agencies determine institutions’ information which the State agency section 226.6(f)(3). preferences with regard to receiving must provide annually to some Public Law 105–336 amended the commodities or cash-in-lieu of institutions. Current section 226.6(f)(8), provision which allowed institutions to commodities and make available which relates to the State agency’s participate after they had applied for, information regarding foods available in collection of verification as part of an but before they had officially received, plentiful supply, have been relocated in administrative review, would be moved their tax-exempt status. Subsequently, this proposed rule into revised section to proposed section 226.6(f)(3)(viii), Public Law 106–224 removed this 226.6(h), which addresses State which would require that verification be provision from the law entirely, agencies’ overall responsibilities conducted as part of State agency meaning that only institutions which relating to commodity distribution. reviews of institutions conducted in have received their tax exempt status Current section 226.6(b)(10): Advance accordance with section 226.6(l). under the Internal Revenue Code of payment information— Accordingly, we propose to 1986 are permitted to participate. This The current application requirement reorganize and revise sections 226.6(b) change will be addressed in a second at section 226.6(b)(10) governing the and 226.6(f) as described above; to make rulemaking. institution’s election to receive advance conforming changes, as necessary, to Current sections 226.6(b)(8) and payments would be relocated in a new current sections 226.15(b) and 226.15(b)(6): Proprietary center section 226.6(f)(3)(vii) as a general State 226.16(b); and to revise current sections requirements— agency responsibility. As previously 226.6(j), 226.7(g), and 226.23(a), as Current regulations at sections noted, section 708(f) of Pub. L. 104–193 described above. 226.6(b)(8) and 226.15(b)(6) set forth the amended section 17(f) of the NSLA (42 application requirements for proprietary U.S.C. section 1766(f)) by making What do the current regulations say centers. Such centers are permitted to payment of advances optional at the with regard to Program agreements? participate in a given month only if at State agency’s discretion. Because a Under the current regulations at least 25 percent of their licensed State agency could elect to issue no sections 226.6(b)(1) and 226.6(f)(1), capacity or enrolled participants receive advance payments whatsoever, this renewal of an institution’s Program funding under Title XX of the Social proposed rule would remove all agreement is required as part of the Security Act (42 U.S.C., section 1397, et references to advances at proposed annual reapplication process. These seq.) The requirement that a new section 226.6(b)(1). provisions were established prior to the applicant proprietary center document Current section 226.15(b)(1): change to section 17 of the NSLA which its eligibility would be retained at Demonstration of nonprofit status— now gives State agencies the option to proposed section 226.6(b)(1)(i)(H). The current application requirement take applications from participating However, no similar requirement would at section 226.15(b)(1) pertaining to the institutions no less frequently than be included for renewing institutions at annual demonstration of nonprofit every three years. proposed section 226.6(b)(1)(ii) since, as status reiterates the requirement at a condition of their eligibility, such section 226.15(a) that all but proprietary The law requires that State agencies centers are required to document institutions must demonstrate their have the option of renewing compliance with the 25 percent nonprofit status. As already mentioned applications every three years; what requirement each month. Therefore, this above, we are proposing to relocate this does the law state regarding the length rule proposes to place the periodic requirement at new section 226.6(f)(3) of an institution’s agreement? resubmission of such documentation at as a general State agency responsibility, The NSLA has never specified the revised section 226.6(f)(3), since the to be reviewed by the State on an ‘‘as duration of the Program agreement State agency is already receiving this needed’’ basis. between the State agency and the information on a monthly basis as part Current section 226.6(f)(4): institution. Recently, however, section of the claiming process. Procurement requirements— 102(d) of Pub. L. 105–336 amended Current sections 226.6(b)(9) and Current section 226.6(f)(4) requires section 9(c) of the NSLA (42 U.S.C. 226.6(f)(5)–(6): Information on State agencies to annually determine section 1758(c)) by requiring State commodities— that all meal procurements with food agencies which administer any The current application requirement service management companies are in combination of the child nutrition at section 226.6(b)(9) under which conformance with bid and contractual programs (i.e., the National School institutions are to indicate their requirements of section 226.22. Because Lunch, School Breakfast, Child and preference for commodities or cash-in- this is an annual requirement on State Adult Care Food or Summer Food lieu of commodities would be included agencies and has nothing to do with the Service Programs) to enter into a single in the requirements for new applicants institution application process, this rule permanent agreement with a school at proposed section 226.6(b)(1)(i)(I) and proposes to incorporate the requirement food authority which administers more in proposed section 226.6(f)(3) as a into revised section 226.6(j) dealing than one of these programs. The law is general State agency responsibility. This with ‘‘Procurement provisions.’’ still silent with regard to the length of would provide State agencies with the Current sections 226.6(f)(7)–(10): the agreement between the State agency flexibility to allow institutions to Other State agency responsibilities— and non-school institutions. change the initial statement of This proposed rule would relocate preference submitted with their original current sections 226.6(f)(7)–(10), which What is the Department proposing with application on an ‘‘as needed’’ basis. deal with State agency responsibilities regard to the length of the Program The requirement for annual submission regarding information made available to agreement for non-school institutions? of this information by institutions at pricing programs, the conduct of Consistent with section 17(d)(2) of the current section 226.6(h) would be verification, and implementation of the NSLA (42 U.S.C. section 1766(d)(2)), deleted by removing the first sentence two-tiered reimbursement system for which permits State agencies to take and by making conforming changes to family day care homes. Current sections applications every three years, we the remainder of the paragraph. 226.6(f)(7), (f)(9), and (f)(10) would be propose that Program agreements for
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State Agency and Institution Review length of the Program application and the initiation of its program. and Oversight Requirements agreement for non-school institutions, Accordingly, the Department while requiring State agencies to enter proposes to amend current section What were OIG’s recommendations for into permanent agreements with 226.6(b)(10) [proposed section changes to the monitoring institutions which are schools and 226.6(b)(1)(iv)] by removing the requirements? which, in accordance with Pub. L. 105– requirement that State agencies provide As discussed above, OIG’s national 336, operate more than one child technical assistance to institutions audit of the family day care home nutrition program administered by the submitting incomplete applications, and component of CACFP made a number of same State agency. This proposed rule replacing that with language recommendations for changes to the would continue to require that any recommending that State agencies current State agency and sponsoring Program agreements covering more than provide this assistance. organization monitoring requirements. one Federal fiscal year stipulate that the Second, with regard to the law’s Among these were recommendations to agreement is contingent in subsequent requirement that State agencies notify require that: fiscal years upon the availability of an institution within 15 days of its • Some or all sponsor reviews of day Federal funds and would, under the submission of an incomplete care homes and State agency monitoring circumstances described in the application, we have observed that, as visits to homes be unannounced; discussion of renewal applications State agencies experience increased • Routine parental contacts be made above, also permit the State agency to workloads and simultaneous staff as part of the State agency and sponsor renew the institution’s agreement for reductions, it has become difficult for monitoring of day care homes in order less than one year, pending the them to meet this requirement. Since to verify children’s Program completion of a review of the institution the law has been amended to allow participation; by the State agency. State agencies to take applications every • Sponsors and day care providers Accordingly, this rule proposes to three years, we now believe that it is keep more detailed information on amend sections 226.6(b), 226.6(b)(1) and necessary to provide State agencies with enrollment forms, including a record of 226.6(f)(1) by removing all references to additional time to review all each child’s normal hours of care and the Program agreement, and by applications, and that the up-to-30-day normal places (i.e., at day care, school, establishing a new section 226.6(b)(2), period now prescribed by the law or home) of receiving meals throughout as described above, covering all Program provides a more reasonable amount of the day; agreements. time for State agencies to review the • Minimum sponsor review B. State Agency Notification to application to determine if it is requirements—including reconciliation Applicant Institutions complete and, if it is, to approve or deny of enrollment, attendance, and meal it. Renewing institutions would, of claim data—be established; Prior to 1996, what were the legal course, continue to participate in the • Sponsors routinely perform certain requirements regarding a State agency’s Program during the State agency’s ‘‘edit checks’’ on all meal claims handling of an institution’s application review of their application. submitted by their facilities; and to participate in CACFP? Therefore, we proposed to amend • Minimum standards for State There were three requirements in section 17(d)(1) of the law by agency review coverage be established. section 17(d)(1) of the law. State eliminating the requirement that State After the release of this national audit, agencies were required to: agencies notify institutions that their OIG informally recommended that the • Notify institutions in writing of applications are incomplete within 15 Department: their approval or disapproval within 30 days of receipt. This concept was • Address the matter of placing days. included in the Administration’s 1998 seriously deficient child care facilities • If an incomplete application was child nutrition reauthorization (family day care homes and child care submitted, notify the institution in proposals and later incorporated in H.R. centers) on a list of seriously deficient writing within 15 days. 3666. Ultimately, this concept was facilities, much as the Department • If an incomplete application was included in section 107(d) of Pub. L. currently maintains a list of seriously submitted, ‘‘provide technical 105–336, which amended section deficient institutions; and assistance, if necessary, to the 17(d)(1) to require that a State agency • Give State agencies explicit institution for the purpose of notify an institution of its approval or regulatory authority to limit the transfer completing its application.’’ denial ‘‘within thirty days after the date of family day care home providers from the complete application is received.’’ one sponsoring organization to another. What changes to these requirements Thus, a State agency has 30 days from Finally, the ‘‘Operation Kiddie Care’’ have been enacted, and how are these its initial receipt of a complete audit made an additional changes reflected in this proposed rule? application to either approve or deny recommendation related to sponsor First, section 708(c) of Pub. L. 104– the application. The conference report monitoring—that the regulations 193 of the Personal Responsibility and accompanying the bill (H. Report 105– prescribe a maximum number of family Work Opportunity Reconciliation Act of 786, October 6, 1998) encouraged State day care homes for which each sponsor 1996 amended section 17(d)(1) by agencies to inform applicants as quickly monitor would have responsibility. removing the requirement that State as possible if their application is agencies provide an institution with incomplete. What is FNS’s response to these technical assistance when the Accordingly, this rule proposes to recommendations? institution submitted an incomplete further revise current section We largely concur with these Program application. However, the 226.6(b)(10) [proposed section recommendations and believe that their elimination of the statutory requirement 226.6(b)(1)(iv)] to allow States to notify implementation will aid our ongoing did not eliminate the State agency’s applying institutions of their approval efforts to improve Program management.
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However, those audit recommendations interim rule published at 62 FR 889 We do not agree that household which are now statutorily mandated as (January 7, 1997) and further refined in contacts should be made routinely. In a result of the enactment of Pub. L. 106– a final rule published at 63 FR 9087 addition to being extremely time- 224 (specifically, those dealing with (February 24, 1998)), went into effect on consuming when it proves difficult to unannounced visits, seriously deficient July 1, 1997, and required family day contact a household, we have concerns facilities, provider transfer limits, and care home sponsoring organizations to regarding the privacy of households sponsor monitoring staff) will be engage in a broad range of new with children in care and the efficacy of addressed in a second rulemaking. administrative responsibilities. using this technique on a routine basis. Since households with children in care Does FNS believe that OIG’s The cumulative impact of this rarely have contact with representatives recommended changes should apply to ‘‘tiering’’ system and the changes from the sponsoring organization, it sponsored centers as well? proposed in this rulemaking will be significant for some family day care seems less likely that they would be Yes. Although OIG’s 1995 audit and home sponsoring organizations. willing to respond to telephone recommendations applied specifically Therefore, we believe that it is necessary inquiries regarding their children’s care to the family day care component of to find ways to focus regulatory arrangements. CACFP, many of these findings should requirements pertaining to sponsors’ At the same time, we are deeply be extended to sponsored centers as reviews of their facilities to increase concerned with OIG’s finding that well. Portions of the ‘‘Operation Kiddie efficiency and improve Program ‘‘block claiming’’ (i.e., claiming the Care’’ audit pointed to problems with compliance. Our proposals for changes same number and type of meals served sponsored centers that, in our opinion, to the current requirements pertaining every day) by child care facilities often can be addressed by extending some of to institution monitoring of sponsored goes unchallenged by their sponsoring our regulatory proposals for home facilities appear in Part II(F) of this organizations. We therefore believe that, sponsors to sponsors of centers as well. preamble. in order to deter the type of fraud In addition, the owner and director of a Finally, we are also proposing other documented in recent audits and large sponsor of child care centers were modifications to the current monitoring investigations, it is necessary to propose recently convicted of fraud and other requirements for sponsored child care that, under certain circumstances, felonies for illegally obtaining millions centers and outside-school-hours care household contact be a required part of of dollars from CACFP. Coupled with centers These changes are intended to sponsoring organization and State the fact that the center component of the streamline Program administration and agency reviews of child care facilities. Program still accounts for over 40 to provide CACFP administrators with Under what circumstances does USDA percent of CACFP’s annual expenditures additional flexibility in the use of their propose to require that sponsoring of roughly $1.6 billion, this case and monitoring resources. The proposed organizations make household contacts? other recent review and audit findings changes are also discussed in Part II(F) We propose to require that, when demonstrate that there is a compelling of this preamble. need for better monitoring and controls facilities claim the same number and in sponsored centers as well. A. Household Contacts type of meals served for ten or more consecutive days, or claim an unusually Will FNS propose a similar extension of What did the OIG audit say about high number of meals for more than one the new monitoring requirements to household contacts? day in a claiming period, sponsoring independent centers or the adult day OIG’s audit of family day care home organizations contact at least one half of care component of CACFP? sponsoring organizations revealed that the households of children in care at To date, we have not had significant fewer than one in six currently make that facility (not including family day audit or review findings which would parental contacts a part of their normal care providers’ households when their indicate the existence of similar provider reviews. They recommended children are in care) for the purpose of problems in these types of institutions. that household contacts be made a verifying their children’s enrollment Therefore, we do not believe it is routine part of a sponsoring and attendance and the specific meal necessary to propose all of these organization and/or State agency’s service(s) which those children changes for all types of institutions and review protocols in order to confirm routinely receive in care. facilities. The preamble and regulatory their child’s enrollment and attendance, We realize that using this 10-day text will differentiate between those and the specific meals routinely claiming ‘‘trigger’’ could alert changes which we propose to apply to received by the child, at the family day unscrupulous providers, and cause all facilities or institutions, and those care home being reviewed. Such them to ‘‘block claim’’ their meals for a which we propose to apply to a subset contacts can serve to establish the period of less than 10 days. We are of institutions or facilities. accuracy and completeness of the therefore proposing additional language provider’s claims for reimbursement by which encourages sponsoring Aren’t CACFP institutions facing new identifying providers who inflate meal organizations to utilize household resource constraints? Won’t they have claims, either by claiming meals for a contacts whenever they note suspicious difficulty implementing some of these child not in attendance or by claiming claiming patterns by their sponsored proposed review requirements? service of a particular meal at times of facilities, and not only in the two Yes, many CACFP institutions face the day when the child is not in care circumstances described above which funding and resource constraints. For (e.g., the child routinely eats breakfast at require household contacts. example, as a result of the enactment of school or at home, not at the day care Accordingly, we propose to add a new Pub. L. 104–193, the Personal home). paragraph, Section 226.16(d)(5) entitled Responsibility and Work Opportunity ‘‘Household Contacts’’, which specifies Reconciliation Act of 1996, sponsors of Is USDA proposing to require that the circumstances under which family day care homes were required to sponsoring organizations or State sponsoring organizations would be implement a new, two-tiered system of agencies make household contacts? required to contact one-half of the reimbursement to their providers. That Only under certain specific households of children in care in a system (which was implemented in an circumstances. sponsored facility, excluding the
VerDate 112000 12:42 Sep 11, 2000 Jkt 190000 PO 00000 Frm 00010 Fmt 4701 Sfmt 4702 E:\FR\FM\12SEP3.SGM pfrm04 PsN: 12SEP3 Federal Register / Vol. 65, No. 177 / Tuesday, September 12, 2000 / Proposed Rules 55111 provider’s household in a family day ‘‘following up’’ on the results of enrolled children (Source: ‘‘Early care home. This paragraph would also household contacts. We believe, Childhood and Child Care Study’’, encourage the use of household contacts however, that the use of an 1997), the requirements for household whenever sponsors note suspicious unannounced visit under this contact would probably be in the claiming patterns by their facilities. circumstance will be an effective means neighborhood of 15–20 households, We further propose to require that of establishing the validity of a again depending on the number of sponsoring organizations observe the provider’s, or a sponsored center’s, households with more than one child in following guidelines in making monthly claim. care at the center. However, this household contacts: increased workload is commensurate What if households do not respond to (1) Household contacts should be with the increased risk of Program abuse the written or telephone inquiries? How made in writing or by telephone. If a and financial loss to the government if will the sponsor meet its requirement to sponsor chooses to contact a household a center is not accurately reporting its contact a particular number of by telephone, it would be required to meal claims. first notify the household in writing that households if some households refuse to they should expect a call from a respond? Under what circumstances does USDA particular sponsor employee for the We recognize that parents may not propose to require that State agencies purpose of verifying their children’s respond to the sponsor’s inquiry and make household contacts? receipt of meals in day care. This notice that, in cases of ‘‘ghost children’’ (i.e., This rule also proposes to require that would also provide written assurance fictitious children), no parent exists to State agencies include some level of that any information provided will be be contacted. Thus, in some cases, parental contact in their reviews of confidential and that the sponsor will factors beyond the sponsoring sponsored day care homes or centers only use the information for Program organization’s control would prevent it when, as part of their review of the purposes. from contacting the requisite number of sponsoring organization’s records, they We believe that these precautions will households. Therefore, this rule will detect block claiming or inordinately help to address possible parental propose to count an unsuccessful high meal counts. As with the concerns regarding the provision of contact toward meeting the required household contact requirement information about their child’s day care number of households to contact if the described for sponsors in the preceding schedule, and will also allow the sponsoring organization makes two paragraphs, we are proposing that State sponsoring organization some flexibility documented attempts at contact over a agencies be required to contact one-half in determining which method of two-week period. Because the of the households of children in a household contact is likely to yield a household contact requirement was sponsored child care facility (excluding higher and more accurate rate of triggered by a suspicious meal claiming the provider’s own children in a family response. Public Law 106–224 requires pattern, we would still require that an day care home) when one of these that households with children in unannounced visit take place if a center claiming patterns is detected. The CACFP-supported child care facilities sponsor could not contact one-quarter of purpose of this requirement would be to receive information about CACFP, along the selected households in their sample, deter fraudulent claims for ‘‘ghost’’ with the name and address of the or if a home sponsor could not contact children by providers, centers, or sponsor and State administering agency, all of the households in its sample. sponsors, a practice found by OIG in a from either the sponsor or the facility. Accordingly, this rule further disturbing number of its audits. Like Prior receipt of this information should proposes to add to Section 226.2 a sponsoring organizations, unannounced help parents understand that their definition of ‘‘household contact’’ and State agency visits to the facility would provider receives Federal to further amend new Section be triggered if one-quarter of the reimbursement for meals served to their 226.16(d)(5). Both of these sections households selected in a sponsored children, and that that may be contacted would require adherence to the center, or any of the selected by the State or local administering procedures described in the paragraphs households in a family day care home, agency to verify their children’s above whenever household contacts are could not be contacted, or if any of the participation and attendance. The utilized. households contacted failed to requirement to inform parents about corroborate the facility’s meal claim. We CACFP will be addressed in a How many households will a sponsoring propose that the procedures for the subsequent rule which addresses the organization usually be required to conduct of household contacts by a changes mandated by ARPA. contact? State agency be identical to those (2) If contact cannot be made with It depends on the type of facility described above for household contacts one-quarter of the selected households which the organization sponsors. made by sponsoring organizations. in a center or with all of the selected In the case of sponsoring Finally, in order to ensure that sponsors households in a family child care home, organizations of family day care homes, are properly implementing these or if any of the households in the the average CACFP home serves only requirements, this rule also proposes sample fails to support the validity of seven or eight children, including the that State agencies be required to the provider’s claim, the sponsoring provider’s own (Source: ‘‘Early include a review of a sponsor’s records organization must make an Childhood and Child Care Study’’, of household contact as part of its unannounced visit to the sponsored 1997). Excluding the provider, a normal review of a sponsor. center or home within one week, in requirement to contact one-half of the order to review the validity of the households of children in care would Would State agencies also be required to facility’s meal counting and claiming usually entail contact with between two conduct household contacts if procedures. to three households, depending on the suspicious claiming patterns were Although Public Law 106–224 number of provider’s children in care discovered in an independent center? mandated the use of unannounced visits and the number of households with Yes. Although OIG attention has by sponsoring organizations, it did not more than one child in care at the home. focused on sponsoring organizations specifically consider the use of In the case of sponsored CACFP child and their facilities, the same potential unannounced visits as a way of care centers, which average about 66 for improper claiming exists among
VerDate 112000 12:42 Sep 11, 2000 Jkt 190000 PO 00000 Frm 00011 Fmt 4701 Sfmt 4702 E:\FR\FM\12SEP3.SGM pfrm04 PsN: 12SEP3 55112 Federal Register / Vol. 65, No. 177 / Tuesday, September 12, 2000 / Proposed Rules independent centers. If a State agency What regulatory changes did the OIG meals normally received in care. We are review or its edit check of a claim audit recommend? also proposing that identical changes reveals block claiming or an unusually The audit noted that there is no regarding the content of enrollment high meal claim for one or more days, current requirement that enrollment forms be added to sections 226.17(b)(7), this will also trigger a requirement for forms be updated on a regular basis or 226.18(e), and 226.19(b)(8)(i). Finally, household contact by the State agency. that they contain an indication that the this rule proposes to amend the first Accordingly, this rule would further child’s parents have seen the form and sentence of section 226.18(e) to clarify amend proposed sections 226.6(l)(2) and verified its accuracy. OIG also noted that family day care homes, like all 226.6(l)(4) by adding the requirement that other useful information—such as a other types of facilities participating in that State agency reviews of institutions record of each child’s normal hours of the Program, must retain enrollment include a review of the institution’s care and the place (i.e., at day care, records for each child in care. conduct of household contacts. This school, or home) where each child C. Standard Review Elements Required rule proposes to further amend section normally receives each meal service for Sponsor Review of Facilities 226.6(l)(4) to require that State agencies throughout the day—is not required to make household contacts under the be on the enrollment forms. The audit What are the current regulatory same circumstances, and utilizing the recommended that enrollment forms be requirements pertaining to sponsor same procedures, as those described for updated annually, be signed by parents, monitoring? sponsoring organizations. and include information which would Current regulations at section B. Enrollment Forms enable reviewers to verify the number of 226.16(d)(4) require sponsors to review children enrolled and in attendance at centers or homes at least three times per What are the current regulatory the home, and the number and type(s) year, but do not specify the areas to be requirements pertaining to children’s of meals normally consumed by each covered during the review. enrollment forms? child. What were OIG’s general suggestions Current regulations at sections What action has the Department taken regarding sponsoring organization 226.15(e)(2) and (3) require that each in response to these recommendations? monitoring requirements? institution keep a record of each child’s To address these concerns, we have In addition to the recommendations enrollment and copies of all income developed and distributed to State for unannounced visits and household eligibility forms used to establish a agencies an optional prototype contacts discussed above, OIG also child’s eligibility for free or reduced enrollment form to be signed by the made three more general suggestions price meals in child care centers or tier child’s parent or guardian and updated intended to improve sponsor monitoring I reimbursements in mixed tier 2 family at least annually. The prototype of family day care homes: day care homes. Current section includes information not currently • Requiring that each sponsoring 226.16(a) specifically extends these required on the enrollment form, such organization review of a family day care requirements to sponsoring as normal days and hours of care and home cover certain basic elements of organizations, while sections the meals to be received at the family Program management (such as 226.17(b)(7), 226.18(b) and (e), day care home and at school, where recordkeeping, attendance at training, 226.19(b)(8), and 226.19a(b)(8) state that applicable. and menus), including a reconciliation child care centers, family day care Although this rule does not propose of enrollment and attendance records homes, outside-school-hours care requiring that this prototype be used, it with provider meal claim data; centers, and adult day care centers, does require that all enrollment forms • Requiring each sponsoring respectively, must maintain capture certain information which will organization to hire enough staff to documentation of enrollment for each allow reviewers to compare the data on adequately perform the monitoring Program participant. the enrollment forms to attendance function, and to express ‘‘adequate What did the OIG audit find regarding records and meal claims. Specifically, monitoring staff’’ in terms of a number enrollment forms? this rule proposes to require that the of homes which a monitor could enrollment form include the child’s reasonably be expected to oversee; and In its audit of family day care homes, normal hours in care and the meals • Using routine computerized or OIG noted several serious problems usually received in care by that child, manual edit checks to detect errors related to the information contained on and that the form be updated annually when processing their facilities’ enrollment forms. The most serious of and signed by a parent at each update. monthly meal claims. these involved inaccurate meal counts We believe that requiring this The first of these recommendations is for breakfasts and suppers. OIG noted information on all enrollment forms will addressed in this section of the that daily meal counts were often improve Program management by preamble, while the third is addressed inflated by claiming that children facilitating reviewers’ comparison of in section II(D) below. It should be regularly received a breakfast or supper current enrollment against attendance noted with respect to the first of these in care when, in fact, that meal was records and meal claims. In addition, recommendations that, although FNS normally received elsewhere. In based on the findings of recent audits Instruction 786–5, Rev. 1 (‘‘Provider addition, OIG noted that, in many of the and investigations, we believe that these Claim Documentation and family day care homes reviewed, new requirements should also be Reconciliation’’, November 8, 1991), enrollment forms which parents are extended to enrollment forms kept on establishes that sponsoring required to complete when their child file for children in child care centers. organizations should reconcile meal enters care were often inaccurate, out- Accordingly, we propose to amend claims submitted by family day care of-date, or incomplete. The audit sections 226.15(e)(2) and (3) to require home providers with enrollment and attributed these problems to that all enrollment forms be signed by attendance records, it does not establish shortcomings in the current regulatory a parent, be updated annually, and how often such reconciliations should requirements pertaining to enrollment include information on each child’s be done; does not require that they be forms. normal days and hours of care and the part of the normal review process; and
VerDate 112000 12:42 Sep 11, 2000 Jkt 190000 PO 00000 Frm 00012 Fmt 4701 Sfmt 4702 E:\FR\FM\12SEP3.SGM pfrm04 PsN: 12SEP3 Federal Register / Vol. 65, No. 177 / Tuesday, September 12, 2000 / Proposed Rules 55113 does not state that they should be enrollment and attendance records to will ensure that all sponsors observe at utilized in reviews by sponsors of child determine the number of children in least one meal service per year at each care centers. care during each meal service and to facility and will provide additional compare these numbers to the numbers scheduling flexibility to sponsors which What has USDA done in response to the of breakfasts, lunches, suppers, an/or are conducting more in-depth facility recommendation concerning the second supplements claimed for that day. Based reviews . This proposal underscores our OIG recommendation: that USDA on that comparison, the reviewers must desire to ensure that the nutritional, as establish staffing standards for the determine whether the claims were well as the fiscal, integrity of the meal monitoring function performed by accurate. If there is a discrepancy service is being properly monitored. sponsoring organizations of family day between the number of children Accordingly, we propose to further care homes? enrolled or in attendance on the day of amend section 226.16(d)(4)(iii) by Because that recommendation is also review and prior claiming patterns, the adding the requirement that at least one included among the statutory changes reviewer must attempt to reconcile the review per year at each sponsored required by Pub. L. 106–224, it will be difference and determine whether the facility include the observation of a addressed in a separate rulemaking establishment of an overclaim is meal service. which will include other changes necessary. In addition, after the on-site Second, we are proposing a slight required by the new law. review has been conducted, the alteration to the current requirements regarding meal counts. The current What has USDA done in response to the sponsoring organization must analyze regulations at section 226.15(e)(4) recommendation concerning standard the review findings to determine require institutions to keep ‘‘[d]aily review elements? whether household contacts, as defined in the proposed definition at section records indicating the number of We have developed separate optional 226.2, should be initiated to determine participants in attendance and the prototype forms for use by sponsoring the validity of providers’ previous meal number of meals, by type (breakfast, organizations in monitoring their claims. As with other proposed changes, lunch, supper, and supplements) served sponsored family day care homes and we also believe that these changes to participants.’’ However, this child care centers. Before the should be applied to sponsors of child requirement has been broadened in FNS development of these prototype review care centers as well as to sponsors of Instruction 796–2 (‘‘Financial forms, there was only one prototype family day care homes. Management—Child and Adult Care review form (FNS 345–1) for all Accordingly, we propose to further Food Program’’) to require that ‘‘point of facilities participating in CACFP. Based amend section 226.16(d)(4)(i) to require service meal counts’’ be taken in all on input from OIG and Program that sponsors’ reviews of child care child care facilities. Although we administrators, we have concluded that facilities include an assessment of: believe that point of service counts are the current review form is not sufficient licensing or approval; health, safety and crucial for the conduct of institutional to identify inflated meal counts and sanitation; attendance at training; day of meal service in schools, they are not other significant Program problems. The review meal service; meal pattern really feasible in all child care facilities. 1995 audit recommended that a more requirements; menu and meal records; For child care centers, we propose to detailed prototype be developed which and compliance with the requirements require that meal counts be taken at the would detect material Program pertaining to the annual update and time of meal service; for family day care weaknesses at child care facilities. content of enrollment forms. A facility homes, which serve meals to a limited Although this proposed rule does not review must also include a thorough number of children whose attendance require CACFP sponsors to employ the examination of the facility’s meal claims varies only slightly from day to day, prototype review forms, we have made and a determination, based on the counts may be taken either at the time the forms available to State agencies and procedures described above, of whether of meal service or at another time during will require that, if State agencies or the claims were accurate. In addition, the day. sponsors wish to develop different we propose to further amend section This clarification is being proposed in review forms, they include, at a 226.16(d)(4)(i) to require that each recognition of the realities of conducting minimum, a review of compliance with review of a sponsored facility include home-based day care. The needs of the Program requirements pertaining to an assessment of whether the facility children in home-based child care are licensing or approval; health, safety and has corrected problems noted on the often more immediate and compelling sanitation; attendance at training; day of previous review(s). than the need to record a meal count, review meal service; meal counts; meal meaning that it may not be feasible for pattern requirements; and menu and Does this rule propose any additional a day care home provider to record meal meal records. In addition, we propose to changes to the requirements governing counts at the time of meal service. further amend section 226.16(d)(4)(i) to the content of sponsoring organizations’ Centers, on the other hand, generally require that each review of a sponsored reviews? conduct meal service in a way which facility include an assessment of Yes. We are proposing two additional facilitates time-of-service counting. Any whether the facility has corrected changes to clarify the minimum delay in taking the meal count in a problems noted on the previous requirements for sponsors’ reviews of center would inevitably lead to review(s). facilities. estimates and errors due to the larger With regard to the recommendation The first change would require that at number of children typically being for reconciliation of meal claims with least one of the sponsor’s annual visits served. At the same time, we wish to attendance and enrollment records, this include the observation of a meal strongly emphasize the need to require rule proposes to require that each on- service. We understand that many States that, at a minimum, day care home site review include a thorough and sponsoring organizations already providers record meal counts on a daily examination of the meal claims include the observation of a meal basis. One of the most serious and recorded by the facility for at least five service in all facility reviews. By persistent problems noted by OIG was a days of operation during the current or proposing this requirement, we do not failure to record meal counts until a full previous claiming period. For each day wish to discourage this practice. week, or even a month, after the fact. examined, reviewers must use However, this proposed requirement Therefore, we also wish to re-emphasize
VerDate 112000 12:42 Sep 11, 2000 Jkt 190000 PO 00000 Frm 00013 Fmt 4701 Sfmt 4702 E:\FR\FM\12SEP3.SGM pfrm04 PsN: 12SEP3 55114 Federal Register / Vol. 65, No. 177 / Tuesday, September 12, 2000 / Proposed Rules to sponsor and State agency reviewers of What were OIG’s findings regarding reimbursement, and which will often be day care homes that meals served prior claim edit checks? part of the sponsor’s automated claims to the day of review must be disallowed OIG’s audit of the family day care processing system. for reimbursement when they have not home component found that very few Both of these meal claim reviews will been recorded as of the day of review. sponsoring organizations make use of help to identify and resolve potential Accordingly, we are proposing to claim edit check techniques. In several problems in facilities’ meal claiming amend sections 226.11(c)(1), cases, day care homes routinely claimed patterns. These internal controls in the 226.15(e)(4), and 226.17(b)(8) to require the maximum number of meals for each payment process are being proposed in time of service meal counts in child care child each month, or regularly claimed order to curtail the type of routine over- centers. No change is proposed to weekend meal service, without being claiming of meals which OIG has section 226.18(e), which requires daily questioned or reviewed by their reported in both of its national audits. meal counts in family day care homes, sponsor. In most other cases, sponsors Thus, this rule proposes to require but the Department does propose to performed a single edit check (e.g., explicitly require daily meal counts for that the reconciliation of meal counts comparing meals claimed against against enrollment and attendance occur family day care homes at sections enrollment) which was not sufficient to 226.13(c) and 226.15(e)(4). The during on-site facility reviews, as detect many significant errors in the discussed in section II(C) of this Department will later revise FNS claiming process. Instruction 796–2 to clarify that daily preamble, and whenever sponsors meal counts (not point of service What is the Department doing in analyze their facilities’ monthly meal counts) are required in family day care response to this finding? counts as part of the sponsoring homes and that meals served prior to organization’s claims preparation We share OIG’s concerns. Therefore, process. This system of internal controls the day of review may not be included we are proposing that sponsors be in the claim for reimbursement when in the payment process is necessary in required to perform routine edit checks order to curtail the inappropriate they have not been recorded by the time of monthly claims prior to submitting that the review is conducted. payments identified in the OIG audit their consolidated claim to the State and in other recent audit and review D. Meal Claim Edit Checks agency for payment. activity. Because many sponsors utilize Specifically, we are proposing that What regulatory requirements now exist computerized claim processing, and sponsoring organizations be required to some will need to update their systems to help ensure that the claims being perform edit checks in order to detect submitted by facilities accurately reflect to reflect these proposed requirements, and minimize inaccurate or fraudulent the final rule implementing this change their actual meal service? meal claims. Edit checks must: • would provide for some period of time Section 226.10(c) of the current Verify that the facility has been during which sponsoring organizations regulations requires all institutions to approved to serve the types of meals could reprogram their claims payment report claims information in accordance claimed; systems. with the State agency’s financial • Compare the number of children management system and in sufficient enrolled for care (taking an expected Accordingly, we propose to amend detail to justify the amount of rate of absences into account) to the sections 226.10(c), 226.11(b), and reimbursement claimed. However, these number of meals claimed; and 226.13(b) to require that, prior to regulations establish no specific • Detect block claiming (i.e., no daily submitting their consolidated monthly procedures which sponsors must utilize variation in the number of meals claim to the State agency, sponsoring to determine the validity of facility claimed). organizations compare facilities’ meal claims, or which State agencies must Edit checks must be performed for claims against the most recent utilize to determine the validity of every day meals are claimed by a information on enrollment, licensed institutions’ claims. facility. Meal claims which cannot be capacity, total days of operation, reconciled with enrollment (taking an attendance patterns, and authorized What are edit checks? expected rate of absences into account) meal services, for each meal type being Edit checks are methods of comparing must be subjected to more thorough claimed on each day of operation. the information that appears on a claim review to determine if the meal claims Are State agency edit checks of for reimbursement with other were accurate. The expanded amount of institutions’ claims needed as well? information about the claiming facility’s enrollment information proposed in Part normal operations (e.g., enrollment, II(B) of this preamble will allow Yes. Management evaluations have attendance, approved meal types) in sponsoring organizations to perform the recently revealed several instances in order to help determine the claim’s meal claim edit checks which this rule which State agencies lack edit checks validity. An edit check by itself may proposes to require. In addition, we when processing institutions’ monthly identify erroneous claims, but more encourage State agencies to develop, claims. In one instance, a State agency often will identify claiming patterns and require the use of, any other edit had made payments for suppers served which raise ‘‘red flags’’ for those checks they deem appropriate. when no facilities sponsored by that reviewing the claim (that is, areas In summary, this rule proposes to institution were approved to serve calling for a closer examination and require two types of meal claim reviews: suppers. In another instance, the total followup prior to payment of the claim). • The five-day reconciliation of number of meals claimed by an For example, one common edit check claims to enrollment and attendance institution and paid for by the State would be to compare the total number data which will be accomplished during agency in that month exceeded the of meals claimed by a facility to the an on-site review, and which may be product of operating days times product of the number of children followed up with household contacts by children times approved meal types. For enrolled at the facility, times the the sponsoring organization; and that reason, we believe it is also number of serving days in the month, • The monthly meal claim edit necessary for State agencies to employ times that facility’s number of approved checks performed by the sponsor when edit checks when processing meal services per day. preparing its consolidated claim for institutions’ claims.
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What are USDA’s proposals regarding propose changes to existing review • The sponsored facility (except for State agency edit checks? requirements in order to ensure a outside-school-hours care centers) be consistent, minimum national standard reviewed three times per year; At a minimum, State-level edit checks • should ensure that payments are made of State-level review of institutions. No more than six months elapse only for authorized meal types, and that between reviews; and What has USDA done in response to • New facilities be reviewed during increases in the number of facilities these recommendations? claiming meals, or the total number of the early stages of their operation. However, there are some differences meals being claimed, are consistent with We have developed new prototype in the current requirements for the sponsoring organization’s report of forms for State agency review of child reviewing different types of sponsored new facilities entering the Program and care institutions (sponsoring facilities: the number of serving days in the month organizations, independent child and • New homes are currently required (Note: section 226.16(b)(2) and (3) adult care centers, independent outside- to be reviewed in their first four weeks require sponsoring organizations to school-hours care centers, and of operation, whereas new sponsored submit to the State agency an proprietary title XIX and XX centers). centers are to be reviewed during their application to participate, as well as These forms include sections covering first six weeks of operation; documentation of licensure or approval, required Program documents on file, • With State agency approval, for each child and adult care facility facility licensing or approval, meal sponsoring organizations of family day which it sponsors). counts, administrative costs, sponsor care homes are currently permitted to We recognize that not all family day training and monitoring of facilities, review each home an average of three care homes claim Program meals each observation of meal service, and other times per year, meaning that they may month, and that there will therefore be Program requirements. This rule does devote a greater share of their review a normal monthly fluctuation in the not propose requiring State agencies to resources to the review of new or number of meals being claimed by a utilize these particular forms in problem day care home providers, sponsor. Nevertheless, it is reasonable to conducting their reviews of provided that the average number of require that State agencies establish participating institutions. However, annual visits per home is at least three. certain ‘‘flags’’, or indicators, in their State agencies will need to review their This allows family day care home automated claims processing systems forms in order to ensure that the new sponsors more flexibility than sponsors which will alert them to the possibility minimum review requirements are of centers; and of erroneous claims and trigger further captured on their review forms. • Sponsored outside-school-hours efforts by the State agency to establish Accordingly, we propose to further care centers are required to be reviewed the claim’s accuracy. six times per year although the Accordingly, we are proposing to amend section 226.6(l)(3) to require that Department on January 11, 1993, issued revise section 226.7(k) to require State each State agency review of an guidance reducing this to three times agencies to establish and utilize edit institution also include State review of per year for school-sponsored outside- checks when processing claims. a sample of sponsored facilities in order to compare enrollment records, school-hours care centers. E. Minimum State Agency Review attendance records, and day-of-review What changes are being proposed in this Elements meal counts observed during sponsor rule? reviews to meal counts submitted by the What are the current regulatory We believe that different requirements facility on its monthly claim. In requirements pertaining to State agency for reviews of different types of addition, this rule proposes to require reviews of institutions? sponsored facilities are not warranted. that State agency reviews of institutions The current regulations governing We are therefore proposing that State agency reviews of institutions are include a review of: required Program sponsoring organizations of any type of located at section 226.6(l). This section documents on file; documentation of facility be required to: addresses the frequency of State agency facility licensing or approval; meal • Review each of its sponsored reviews and requires that they ‘‘assess counts; administrative costs; sponsor facilities three times per year; institutional compliance with the training and monitoring of facilities; and • Allow no more than six calendar provisions of this part and with any observation of meal service. months between reviews; and • applicable instructions of FNS and the F. Review Cycle for Sponsored Review each new facility within its Department.’’ However, current Facilities first four weeks of Program operation. regulations do not specify the broad We also believe that all sponsoring subject areas to be examined in these What are the current requirements for organizations (not just sponsors of reviews, nor do they mandate any sponsoring organization review of family day care homes) should have specific tests to determine the validity facilities? greater flexibility in their conduct of of meal claims. reviews. Due to the additional sponsor The current regulations at section responsibilities being proposed in this What were OIG’s findings and 226.16(d)(4) establish the requirements rule, and the new administrative recommendations regarding State for sponsoring organization reviews of requirements resulting from the agency monitoring requirements? their facilities. Specifically, the implementation of ‘‘tiering’’ in the OIG found that State agencies’ regulations establish separate minimum family day care component of the reviews of family day care home requirements for facility reviews by Program, we believe that sponsors need sponsoring organizations and day care sponsors of child and adult day care greater flexibility in order to better home providers ‘‘generally did not centers, family day care homes, and target and utilize their monitoring include sufficient tests to identify outside-school-hours care centers. resources. We are therefore proposing recordkeeping deficiencies and inflated The current regulations governing the that, if two facility reviews in a review meal claims, and to assess the adequacy review of sponsored centers and homes cycle have been conducted without of sponsor monitoring of [day care are similar in most respects. Both uncovering substantive problems (e.g., homes].’’ We believe it is necessary to require that: non-compliance with the meal pattern,
VerDate 112000 12:42 Sep 11, 2000 Jkt 190000 PO 00000 Frm 00015 Fmt 4701 Sfmt 4702 E:\FR\FM\12SEP3.SGM pfrm04 PsN: 12SEP3 55116 Federal Register / Vol. 65, No. 177 / Tuesday, September 12, 2000 / Proposed Rules missing or inaccurate meal counts, shall be a basis for non-payment of Circular A–133, ‘‘Audits of States, Local submission of inaccurate claims, failure claims for reimbursement.’’ According Governments, and Non-Profit to keep required records, or a provider’s to OIG, this passage’s failure to mention Organizations’’, and the Departmental unexplained absence), the sponsor child and adult care facilities, as well as regulations at 7 CFR Part 3052. These should have the option of either not institutions and food service requirements apply to audits of State conducting a third review of that facility management companies, discouraged agencies and institutions for fiscal years or of using the third review solely as an some State agencies and sponsors from beginning on or after July 1, 1996. opportunity to conduct training at the withholding or recovering funds which Accordingly, we propose to update facility. We also propose that had been improperly paid to facilities. the references at section 226.8(a). sponsoring organizations be allowed to We believe that State agencies and What, if any, substantive changes have employ this option without State agency sponsors of child or adult care centers occurred in the audit requirements for approval, provided that the average and/or day care homes clearly possess State and local governments and for number of annual visits per home is the authority to deny payment for private nonprofit organizations? three. This proposed change will allow improper claims, either at the time of sponsoring organizations the flexibility submission or retroactively, in State agencies have already been to target their reviews to newer facilities accordance with the sponsor-facility informed of these changes. The most or facilities with a history of operational agreement, which requires the facility to significant changes involved the problems, as they see fit, while ensuring operate the CACFP in accordance with threshold for the conduct of audits, that there is no reduction in the Program regulations. When meals are which was raised from $25,000 to sponsor’s overall monitoring efforts. served which do not conform to $300,000 and the express prohibition on Accordingly, we propose to further Program requirements, or when using Federal funds for audits not amend section 226.16(d)(4) to: inaccurate claims are submitted, the required by 7 CFR Part 3052. That • Make uniform the basic State agency and sponsor have the means that, if an institution expended less than $300,000 in total Federal requirements for sponsors’ review of all authority and the responsibility to resources (which includes both CACFP of their child and adult care facilities, disallow payment for those meals. operating and administrative regardless of the type of facility being Nevertheless, we are aware that some reimbursements, as well as the value of reviewed; State appeals officers are reluctant to USDA commodities), it is now exempt • Permit sponsors to waive a third uphold disallowances when the from the Federal requirement to have an review at a facility, or to use the third regulations do not specifically require organization-wide audit or, in some review solely for on-site training, if the such action on the part of the sponsor has conducted two reviews of cases, a program-specific audit. administering agency. This may be the In addition, the Department is the facility during the review cycle case in section 226.10(f), which proposing two changes to sections without discovering substantive specifically mentions ‘‘institutions and 226.8(b) and (c) which will bring those problems; and food service management companies’’ • Allow all sponsors to conduct an sections into conformance with the without mentioning facilities. Department’s regulations at 7 CFR Part average of three reviews per facility per Therefore, we are proposing to amend 3052. Specifically, we propose to revise year across their sponsorship (i.e., the section 226.10(f) to specify that facilities the language at section 226.8(b), which third review at one facility could be participating in CACFP shall have describes the circumstances under deferred in favor of performing an claims denied when audits, which a State agency may make a additional review at a facility investigations, or other reviews reveal portion of audit funding available to experiencing more Program problems). that they have claimed meals for absent institutions for the conduct of or nonexistent children, claimed meals G. Disallowing Payment to Facilities organization-wide audits, to reference which did not meet the meal pattern, or the new Departmental regulations What were OIG’s recommendations with otherwise engaged in unlawful acts with governing such funds use. Also, we regard to disallowing payments to respect to Program operations. facilities? propose to revise the language at section H. Change to Audit Requirements 226.8(c), which describes the The OIG audit of the family child care circumstances under which the State What change is the Department component of CACFP found that, in agency may use audit funds for proposing? some instances where a provider had program-specific audits, to clarify that submitted claims for reimbursement for We are updating the language of the the funds may also be used for agreed- meals served to absent or nonexistent regulations at section 226.8(a) to reflect upon procedures engagements, as children, they still received Program recent changes to government-wide described at 7 CFR Part 3052.230(b)(2). payment for these meals. The audit auditing rules. stated ‘‘that State agencies and sponsors What rules govern audits for proprietary may be reluctant to disallow payments What are the changes to these institutions? and/or request repayment of total meal government-wide auditing rules? The current regulations state that claims made during a period when it The current regulations at section proprietary (for-profit) institutions not was determined that a [day care home] 226.8(a) state that, unless exempt, State- subject to organization-wide audit * * * claimed meals [fraudulently] for and institution-level audits must be requirements must be audited by the absent and/or nonexistent children’’ due carried out in accordance with Office of State agency at least once every two to the wording of the current regulations Management and Budget (OMB) years. Our policy has been to exempt at section 226.10(f). That section states Circulars A–128 and A–110 and with 7 proprietary institutions from this that, ‘‘If a State agency has reason to CFR Part 3015, the Department’s requirement if they received less than believe that an institution or food Uniform Federal Assistance $25,000 per year in Federal Child service management company has Regulations. However, audit Nutrition Program funds. Institutions engaged in unlawful acts with respect to requirements for States, local were (and still are) also required to Program operations, evidence found in governments, and nonprofit comply with the audit requirements of audits, investigations, or other reviews organizations can now be found in OMB all other Federal departments or
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Furthermore, although sponsoring normal course of conducting Given the cost of these audits, we organizations are required to verify the management evaluations, and review of believe that States should raise the audit information submitted by providers the State agency’s implementation of threshold for proprietary centers above claiming Tier I eligibility based on this requirement will be included in our the previously-established $25,000 income, there are no verification Management Evaluation guidelines. figure. requirements, per se, for a provider Accordingly, we propose to amend Accordingly, we propose to further claiming eligibility on the basis of food revised section 226.6(f)(1) by adding a amend section 226.8(a) with regard to stamp participation. Therefore, if new paragraph, (x), requiring that State audits of proprietary institutions; to providers are improperly receiving food agencies annually collect from each amend the language at section 226.8(b) stamps, and if their actual household sponsoring organization of family day to include references to Departmental income exceeds 185 percent of the care homes a list of day care home regulations governing the funding of Federal income poverty guidelines, they providers qualifying to receive tier I organization-wide audits; and to amend would not be eligible to receive tier I benefits on the basis of their the language at section 226.8(c) to reimbursement for CACFP meals served participation in the Food Stamp clarify that 11⁄2 percent audit funds may to all of the children in their care. Program. This proposed new paragraph also be used for agreed-upon procedures What did OIG recommend to address will also require State agencies to share engagements, as described at 7 CFR Part this problem? this information with the State agency 3052.230(b)(2). administering the food stamp program The Kiddie Care audit recommended within 30 days of receipt. I. Income Eligibility of Family Day Care that FNS take steps to minimize the Home Providers Based on Food Stamp possibility of this improper claiming of III. Training and Other Operational Participation food stamp and CACFP benefits. In a Requirements number of cases, the office making the What did the Operation Kiddie Care As discussed in the ‘‘Background’’ food stamp eligibility determination had audit reveal regarding family day care section of this preamble, OIG’s national been unaware that the household home providers claiming income audit of family day care homes made included a day care provider. Therefore, eligibility on the basis of food stamp recommendations for changes to the OIG recommended that sponsors share participation? current requirements for the training of information concerning CACFP day care providers by sponsoring The Operation Kiddie Care audit also providers claiming eligibility on the organizations. Specifically, OIG uncovered problems regarding the basis of food stamp participation with recommended that the CACFP CACFP participation of family day care the State agency, which would then regulations be strengthened to require home providers whose income provide the information to the State eligibility is based on participation in agency administering the food stamp that all participating child care the Food Stamp Program. OIG sampled program. In this way, food stamp providers attend a minimum number of 24 providers in two States who claimed eligibility offices would know which hours in Program and child care training reimbursement for meals served to their households included an individual self- each year, and that minimum content own children based on their food stamp employed as a CACFP day care home requirements be established for such participation (NOTE: These findings provider, and would be better able to training. Current section 226.18 requires were developed by OIG prior to the July discern the household’s actual income. that the agreement between a 1, 1997, implementation of the two- If some of these households were sponsoring organization and a family tiered reimbursement system for family determined to be ineligible to receive day care home provider include a day care home providers). Of these 24 food stamps, they would then be statement of the sponsor’s responsibility providers, OIG determined that 14 had required to submit income eligibility to train the day care home provider; not revealed, or had understated, their statements detailing their household however, this provision has, in some self-employment income from providing income, including their child care cases, been interpreted to mean that child care. In these cases, the provider income and expenses, in order to training must be offered to day care either should have received a lower qualify for tier I benefits in CACFP. home providers, and not that providers food stamp allotment, or would have are actually required to attend the been ineligible to receive food stamps at What is FNS proposing in this rule? training. OIG also recommended that all. In some cases, this would also have We agree with this recommendation. sponsor monitors receive, at a prevented them from claiming We are therefore proposing to add, minimum, training on the same content reimbursement for meals served to their effective 6 months after issuance of the areas provided to sponsored facilities. own children in CACFP. final rule, a requirement that sponsoring We are also proposing a number of Since the implementation of tiering, organizations of family day care homes other miscellaneous changes that have the fiscal consequences of provide to the State agency a list of all been suggested by Program underreporting child care income are of their sponsored providers who administrators in recent years. These potentially far greater. Providers qualify qualify for tier I eligibility on the basis include: to receive Tier I rates for reimbursable of food stamp participation. Within 30 • Giving State agencies the authority meals served to all children in their care days of receipt, the State agency would to place restrictions on meal service if they live in an eligible, low-income be required to provide this information times; area, or if their household income is at to the State agency responsible for the • Providing State agencies with or below 185 percent of the Federal administration of the Food Stamp greater flexibility on payment income poverty guidelines. Providers Program. Once this information was procedures for new child care and claiming income eligibility on the basis provided to the State Food Stamp outside-school-hours care centers;
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• Stating expressly that State agencies that providers receive training at least Will the Department establish are required to issue and enforce the annually. requirements on training content to provisions of all Program guidance State agencies? issued by FNS; What does the Department propose in • Stating expressly that sponsoring this rule? Recognizing that some State agencies organizations of family day care homes will want to have Federal guidance on We believe it is imperative that staff training, we have developed materials may neither use temporarily nor retain at sponsored child and adult care any portion of providers’ food designed to help sponsors of child care facilities receive training both before reimbursement, except as specified in facilities provide training on quality and during their CACFP participation. section 226.13(c); and program operations. This guidance, • Eliminating obsolete language with Therefore, we propose to clarify that day entitled ‘‘Guide to Provider Standards’’ regard to the participation of adult day care providers are required to attend and ‘‘Guide to Center Standards,’’ can care centers. training prior to participation in the be used by State agencies and sponsors CACFP, and at least annually thereafter. to measure the proficiency of facility A. Training Requirements for However, within these broad staff in conducting their CACFP (and Sponsored Facilities and Sponsor broader child care) responsibilities, and Monitors parameters, we also believe that it is necessary to provide State agencies with by sponsors to train facility staff in areas What are the current regulatory some flexibility in defining the format, in which they may be deficient. The three standards established in the requirements for sponsor training of content, length, frequency, and other guidance are that facility staff: facility staff? aspects of the required training process. • The current regulations at section For example, some State agencies may Comply with CACFP administrative 226.15(e)(11) require institutions to wish to impose Statewide policies on requirements; maintain records which document: how sponsors of centers and homes • Comply with CACFP meal service • The date(s) and location(s) of all handle missed training sessions, or requirements and serve nutritious training sessions conducted; whether technical assistance provided meals; and • The topics covered at the session(s); during monitoring visits can be counted • Promote the health, safety and well- and towards meeting minimum training being of the children in care. • The attendees at each training requirements. Other State agencies may This guidance was developed in a session. prefer to handle these matters on a case- cooperative effort with State In addition, sections 226.16(d)(2) and by-case basis. Some State agencies may administrators and its use is strongly (3) require sponsors to provide training choose to require that facility staff encouraged. to all sponsored child and adult care receive training in the provision of facilities in Program duties and In addition, we are proposing in this ‘‘quality child care,’’ whereas others rule that certain content be covered in responsibilities prior to beginning may be unwilling to mandate training Program operations, and to provide the training of all sponsored child care not directly related to the CACFP. additional training sessions not less facilities. Although we wish to provide Finally, since State CACFP frequently than annually afterwards. as much flexibility as possible to State These requirements are designed to administrators will be familiar with agencies, it is clear that all sponsored ensure that facility staff are familiar what training requirements, if any, are facilities must be thoroughly familiar with Program requirements prior to imposed by their State licensing with Program requirements if they are to beginning their work with CACFP, and authorities, they will be in the best properly operate the Program. These that the staff of facilities participating in position to determine how CACFP basic Program requirements must be CACFP continue to receive additional training might complement any training included in all training of sponsored training on a regular basis. provided to child care staff as a result facilities: of licensing-related or other State • Serving meals which meet the What were OIG’s findings and requirements. CACFP meal patterns; recommendations with regard to facility • An explanation of the Program’s training? Accordingly, we propose to amend sections 226.16(d)(2)–(3) to require that reimbursement system; OIG found that compliance with these sponsors provide training to, and • Taking accurate meal counts; training requirements is not uniformly require the attendance of, key staff from • monitored and enforced by State Submitting accurate meal claims, all sponsored child care facilities in agencies and institutions. Some CACFP including an explanation of how the Program duties and responsibilities administrators have interpreted current sponsor will review the facility’s claims; prior to the facility’s participation in regulations to require that sponsoring and organizations offer training to day care CACFP, and no less frequently than • Complying with recordkeeping home providers, rather than requiring annually thereafter. We also propose to requirements. that the providers actually attend the amend sections 226.17(b), 226.18(b)(2), 226.19(b)(7), and to add a new section Does the Department expect providers training. In fact, section 226.18 is not to receive the same training every year? entirely clear on this point; currently, 226.19a(b)(11), to clarify that key child the agreement between providers and care home, child care center and adult No, but we expect that even providers sponsors must simply include a day care center staff (as defined by the with long experience in CACFP can use statement of the sponsor’s responsibility State agency) are required to attend ‘‘reminders’’ regarding these basic to train the day care home’s staff. OIG Program training prior to the facility’s features of the Program. Although recommended that all participating participation in CACFP, and at least sponsors may want to design their family day care home providers receive annually thereafter, on content areas training to experienced providers a minimum number of hours in Program established by each State administering differently, a review of these Program and child care training each year, and agency. features must be a part of every that sponsors and State agencies verify provider’s annual training.
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Don’t sponsor monitors need the same require that meals be served at agencies to have regulatory authority to training? particular times of day, or that a certain support their attempts to limit this type Yes. A sponsor monitor can hardly be amount of time must elapse between of abuse. expected to ensure Program meal services. Even for outside-school- However, we ask State agencies to accountability if he/she is not hours care centers, the regulations place exercise care in implementing thoroughly familiar with these Program restrictions on the time of meal service restrictions on meal service times that requirements. Therefore, we are also for suppers only. might limit the amount of quality care available to children whose parents proposing that sponsor monitors receive Who has asked for changes to these the same training as providers, both requirements? work unusual hours or experience before they begin their monitoring unique circumstances. In the example In the past, some Program duties and on an annual basis thereafter. cited above, the child receiving a administrators have requested us to supplement at 4:30 p.m. may need one Does the Department also propose to propose definite times of service for as soon as he arrives at day care if he adopt the OIG recommendation to each meal type (e.g., breakfasts only to ate lunch at school at 11:30 a.m.; require that State agencies and be served between 6:00 and 9:00 AM), similarly, he may also need to receive a sponsoring organizations verify that or to require that a certain amount of supper prior to leaving care if his facilities have received training? time elapse between meal services. commute home is a particularly long Yes. The OIG audit recommended that How has the Department responded to one. In addition, homes and centers day care home sponsors and State these requests? serving infants and toddlers may need agencies verify, at least annually, that to provide meals more frequently given We remain reluctant to establish such participating providers actually received these children’s tendency to eat smaller requirements on a national basis, for required training. As discussed in Parts portion sizes more frequently fear of restricting Program access. Single II(C) and (E) of the preamble above, we throughout the day. State agencies may parents working the night shift, for have developed prototype sponsor and wish to limit their use of this authority example, often have tremendous State agency review forms which to particular sponsorships or particular difficulty finding suitable care for their include a section on verifying that facilities which have been found to be children; it would be counterproductive appropriate facility personnel have providing meals inappropriately to to mandate rules that make it even received training in accordance with children. harder for parents in this type of job regulatory requirements. Although use Accordingly, we propose to add situation to find appropriate, licensed or of these prototype forms is optional, we section 226.20(k), entitled ‘‘Time of approved care for their children. meal service’’, to provide State agencies propose to require that, at least once a However, recent audits and reviews with the authority to require that child year, sponsor reviews of all child care have found child care facilities which care facilities allow a certain amount of facilities include an assessment of regularly serve apparently unnecessary time between meal services or that meal compliance with training requirements meals in order to maximize their claims services not exceed a specified duration. and that State agency reviews of for reimbursement (e.g., serving and/or We further propose to redesignate sponsors always include this claiming service of a snack at 4:30 and current paragraphs (k)–(p) as (l)–(q), component. a supper at 5:45 to an after-school child Accordingly, we propose to further respectively. who is to be picked up by a parent at amend section 226.6(l) to require that, 6). Therefore, we are concerned about C. Reimbursement to Institutions When as part of their administrative reviews, the potential for Program abuse. Approved for Participation State agencies assess the compliance of Although the proposed requirement to sponsoring organizations with the What are the current rules pertaining to provide more information about training requirements set forth at section reimbursement of new institutions? children’s hours of care and meals 226.16(d). In addition, we propose to received on enrollment forms (see Part Current section 226.11(a) states that further amend section 226.16(d) to II(B) of the preamble, above) and to payment for meals served in child and require that at least annually, as part of conduct edit checks of enrollment forms adult care centers may only be made to a review, sponsoring organizations against monthly claims (see Part II(D) of institutions operating under an verify that one or more staff from each the preamble) will certainly help agreement with the State agency for child care facility has attended the identify these practices, it will only do meal types specified in the agreement. training offered by the sponsor and that so during reviews or monthly State agencies have the option to these staff receive training on CACFP reconciliations, after the meal has been reimburse child and adult care centers meal patterns, an explanation of the inappropriately served and claimed. for meals served in the calendar month Program’s reimbursement system, meal preceding the calendar month in which counts, the claims process and claim What is the Department proposing? the agreement is executed, provided that review, and Program recordkeeping We are sympathetic to State agencies’ the center has records to document requirements, before entering the requests to have specific regulatory participant eligibility, the number of Program and on an annual basis authority to impose limits on meal meals served, and that the meals met thereafter. Finally, we also propose to services. In States where Program Program requirements. The State agency add a new paragraph, section reviews have uncovered patterns of does not have a similar option with 226.15(e)(15), which would require that abuse involving claiming of multiple regard to reimbursing family day care sponsor monitoring staff be trained on meals to children in care for a brief homes for meals served prior to these same content areas. amount of time, or where main meals execution of an agreement. B. Times of Meal Service such as breakfasts and lunches are routinely served only a short time apart, Why is the Department proposing a What are the current restrictions on the we wish to provide State agencies with change to this provision? time of meal service? appropriate tools for eliminating such State agencies have expressed concern Except for outside-school-hours care mismanagement. In these that the current regulation’s wording centers, current regulations do not circumstances, it is appropriate for State limits their flexibility by:
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• Setting up an expectation that organizations of family day care homes F. Technical Change: Elimination of centers will always be paid for meals shall disburse the full amount of meal Obsolete Adult day Care Provision served in the calendar month preceding service earnings to providers, except Why is the Department proposing this execution of the agreement; and that, with the provider’s prior written change? • Not specifically citing the State consent, the sponsor may deduct the agency’s authority to defer payments for costs of providing meals or foodstuffs to In 1988, Pub. L. 100–175, the Older a period of time after the execution of the provider. In recent years, we have Americans Act Amendments of 1987, an agreement with an institution and/or been asked whether the regulations permitted adult day care centers to its facilities. would permit sponsors: participate in the CACFP under certain We did not intend to establish an • To temporarily retain some portion circumstances. Although the law was expectation that new centers would of the providers’ meal service payments; enacted on November 29, 1987, its always be reimbursed for meals served or provisions with regard to these centers’ in the month prior to execution of their • participation in CACFP were agreement. However, we do not agree With or without prior written retroactively effective back to October 1, with State agencies which wish to defer consent, to subtract the costs of other 1987. Therefore, we published an reimbursement to approved centers goods or services (e.g., liability interim rule (53 FR 52584, December 28, until after the date they sign the insurance premiums, toys, or 1988) which amended section 226.25 to Program agreement. Rather, we believe educational materials) provided to the establish the guidelines under which the regulations should clarify that State family day care provider. adult day care centers could claim agencies are required to begin The intent of the current regulations reimbursement for meals served reimbursing centers for meals when a is to prohibit any retention of meal between October 1 and November 29, Program agreement is signed and all service payments by the sponsoring 1987. The sole purpose of these Program requirements are being met. organization, except in the single provisions was to deal with the one- Accordingly, we propose to add instance described in the regulations (a time circumstance of making retroactive language to section 226.11(a) to clearly written agreement for the provision of payments to adult day care centers. establish State agencies’ authority to meals or foodstuffs by the sponsor to the Accordingly, we propose to remove defer payment for meals served in provider). We are well aware that section 226.25(g). centers until the day on which the sponsors often sell related goods or center executes a Program agreement services to family day care home IV. Non-Discretionary Changes with the State agency. providers, including providers they do Required by Public Laws 104–193 and 105–336 D. Regulations and Guidance not sponsor. However, because sponsoring organizations of family day What is a ‘‘non-discretionary change’’? Are State agencies required to ensure care homes are required to be public A ‘‘non-discretionary’’ change is a compliance with Federal guidance as entities or to have nonprofit status specific change to the regulations that is well as regulations? under the Internal Revenue Code, such mandated by law. That is, if a law is sales must generally be handled through Yes. Section 226.6(l) makes State enacted which eliminates one of the a separately-incorporated proprietary agencies responsible for monitoring previously-reimbursable meal services subsidiary of the sponsoring institutions’ compliance with Program in a child nutrition program, a Federal organization. There is no reason for the regulations ‘‘and with any applicable administering agency literally has ‘‘no government to facilitate proprietary instructions of FNS and the discretion’’ with regard to whether it transactions through the retention of Department.’’ Although this will change the regulations to food service payments provided under requirement and case law have implement the law and eliminate the the CACFP. We intend there to be no demonstrated that State agencies have meal service. If it fails to make this exceptions save that specified in the the authority and the responsibility to change, the Federal agency is in current rule. apply Federal guidance which interprets violation of the law. the regulations and the law, we believe What if the sponsor retains the Most of the other changes being it is necessary to clarify this fact. providers’ payments temporarily? proposed in this rule are Comparable regulatory language already ‘‘discretionary’’, in that they are exists in other programs, such as the This practice amounts to interest-free designed to carry out the law’s intent Summer Food Service Program (see 7 ‘‘borrowing’’ by the sponsor from the but were not specifically mandated by CFR section 225.15(a)). provider, and is prohibited by the law. Thus, CACFP reimbursement must Accordingly, we propose to further regulations. Provider payments are not be made only for eligible meals served amend section 226.6(l) to clarify State the property of the sponsor. Sponsors to participants, but the law does not agencies’ authority in this regard, and to that improperly retain provider specifically mandate that USDA ensure add a new paragraph, section 226.15(m), payments for any period of time have this by establishing a system of which requires institutions to comply misappropriated these funds, in performance standards for institutions, with all regulations, instructions, and violation of the statute authorizing as it proposed in Section I of this guidance materials issued for the CACFP. preamble. CACFP. Accordingly, we propose to amend Why is USDA including non- E. Sponsor Disbursement of Food sections 226.13(c) and 226.18(b)(7) to further clarify the limitations on discretionary changes in a proposed Service Payments to Family Day Care rule? Providers sponsoring organizations’ temporary or permanent retention of meal service Generally, because changes to the What are the rules governing sponsors’ payments, except when it is expressly statute must be implemented in the disbursement of meal service payments permitted by the regulation or permitted regulations, non-discretionary changes to family day care homes? by the State agency due to questions are published in an ‘‘interim’’ or ‘‘final’’ The regulations at sections 226.13(c) concerning the legitimacy of the regulation, which has the force of law and 226.18(b)(7) state that sponsoring provider’s claim. upon publication. However, this
VerDate 112000 12:42 Sep 11, 2000 Jkt 190000 PO 00000 Frm 00020 Fmt 4701 Sfmt 4702 E:\FR\FM\12SEP3.SGM pfrm04 PsN: 12SEP3 Federal Register / Vol. 65, No. 177 / Tuesday, September 12, 2000 / Proposed Rules 55121 proposed rule includes a number of make State agency issuance of advances C. Elimination of the Aid to Families non-discretionary changes to the CACFP to institutions optional. With Dependent Children (AFDC) which were mandated by Pub. L. 104– Program B. Change to Method of Rounding Meal 193, the Personal Responsibility and Perhaps the most significant change Work Opportunities Reconciliation Act Rates in Child Care and Adult Day Care Centers made by the Personal Responsibility of 1996, and Pub. L. 105–336, the and Work Opportunities Reconciliation William F. Goodling Child Nutrition How did the law change with regard to Act of 1996 was the elimination of the Reauthorization Act of 1998. Although the method of rounding meal rates? Aid to Families with Dependent not all of these changes relate to Children, or AFDC, Program. This Program management, the primary focus Section 704(b)(1) of Public Law 104– Federally-run entitlement program was of this rule, it is expedient to include 193 amended section 11(a)(3)(B) of the replaced by a series of State-run these changes in this proposal. NSLA by changing the method to be programs with different requirements, Commenters are encouraged to used by the Department in making all funded under a Federal block grant respond to the specific way in which we annual adjustments to the national called the Temporary Assistance to are proposing to implement these average payment rate for paid meals Needy Families (TANF) program. changes, but are asked not to comment served in the NSLP and SBP. This on the changes themselves, which we change also affected the method of What effect did this change have on are required by law to incorporate into rounding used to calculate the annual CACFP? the Program regulations. adjustment to the rate for paid meals In regulatory terms, this change had little impact on the Child Nutrition A. Issuance of Advances to Institutions served in child care centers and adult Programs. Section 109(g)(1)(B)(i) of Participating in CACFP day care centers participating in the CACFP because, under sections Public Law 104–193 made conforming How did the law change the rules 17(c)(1)–(3) and 17(o)(3) of the NSLA, changes to the statutes governing the governing advance payments to these rates are linked to the rates and Child Nutrition Programs which institutions? rounding methods established in section required that households which were Prior to the passage of Public Law 11(a)(3)(B). Later, section 103(b) of categorically eligible for free meal 104–193, section 17(f)(4) of the NSLA Public Law 105–336 extended the same benefits in these programs by virtue of required State agencies to ‘‘provide rounding procedure to the free and their AFDC recipiency would also be advance payments****to each reduced price meal rates in NSLP, SBP, categorically eligible for free meals approved institution in an amount that and the center-based component of based on their receipt of TANF benefits. Accordingly, we propose to remove reflects the full level of valid claims CACFP, effective July 1, 1999. the definition of ‘‘AFDC assistance unit’’ customarily received from such Prior to this change, the Department at section 226.2 and replace it with a institution for one month’s operation.’’ rounded all meal rates paid to child and definition of ‘‘TANF recipient’’. In Section 708(f)(2) of Public Law 104–193 adult day care centers in the same addition, we propose to remove all amended section 17(f)(4) to make manner. Each year, the previous year’s references to ‘‘AFDC assistance unit’’, issuance of advances discretionary, at rate was adjusted for inflation and then ‘‘AFDC case number’’, and all other the State agency’s option. rounded up or down to the nearest one- references to ‘‘AFDC’’ throughout the How does USDA propose to implement quarter cent. This rounding Part 226 regulations and to replace them this change to the law? methodology for meals served in centers with references to ‘‘TANF recipient’’, is set forth in the regulations at section We believe that the law intended to ‘‘TANF case number’’, and ‘‘TANF’’, 226.4(g)(2). Public Law 104–193 respectively. provide State agencies with broad changed this rounding method for meals discretion in this area, and that State served at the paid rate in child and D. State Agency Outreach Requirements agencies may choose one of a number of adult day care centers by requiring that options. State agencies may choose to: What changes did Public Law 104–193 • the unrounded amount for the make relating to Program outreach? Issue advances to all institutions; preceding 12-month period be adjusted • Section 708(a) of Public Law 104–193 Issue advances to no institutions; for inflation, then rounded down to the • Issue advances to those institutions amended the statutory ‘‘purpose nearest whole cent. Later, Public Law with records of adequate Program statement’’ for CACFP by amending 105–336 extended the same rounding administration; or section 17(a) of the NSLA. Previously, procedure to the free and reduced price • Issue advances to one or more the law had required us to assist States meal rates in NSLP, SBP, and the center- type(s) of institution (e.g., issue to ‘‘initiate, maintain, and expand based component of CACFP, effective advances only to independent centers). nonprofit food service programs for July 1, 1999. However, we also believe that, if a children in institutions providing child State agency chooses the third or fourth Accordingly, this rule proposes to care.’’ Section 708(a) deleted the words option listed above, it must have valid modify the language at section ‘‘and expand’’ from this sentence. In reasons for distinguishing between 226.4(g)(2) regarding the rounding of addition, section 708(h) of Pub. L. 104– types of institutions, or between meals served in child and adult day care 193 revised section 17(k) of the NSLA individual institutions, to which it will/ centers to conform to the requirements in its entirety. Previously, this section of will not issue advances. We also wish of Pub. Laws 104–193 and 105–336. In the law had required State agencies to to note that a State agency’s decision to addition, this rule proposes to change ‘‘facilitate expansion and effective employ the third option (not to issue the word ‘‘supplements’’ to ‘‘meals’’ at operation of the Program’’ and to advances to one or more institutions section 226.4(g)(2) of the regulations annually notify each nonparticipating due to their record in administering the since this paragraph is clearly intended institution of the Program’s availability, Program) is an appealable action in to describe the method of adjusting and the requirements for participation, and accordance with section 226.6(k). rounding the rates for all meals (not just the procedures for application. As a Accordingly, we propose to amend supplements) served in child and adult result of Public Law 104–193, this section 226.10(a) of the regulations to day care centers. section of the law now requires State
VerDate 112000 16:40 Sep 11, 2000 Jkt 190000 PO 00000 Frm 00021 Fmt 4701 Sfmt 4702 E:\FR\FM\12SEP3.SGM pfrm04 PsN: 12SEP3 55122 Federal Register / Vol. 65, No. 177 / Tuesday, September 12, 2000 / Proposed Rules agencies to ‘‘provide sufficient training, NSLA by prohibiting any family day F. Pre-Approval Visits by State technical assistance, and monitoring to care home sponsoring organization Agencies to Private Institutions facilitate effective operation of the which employs more than one person What change did the recent program.’’ from basing payment to employees on reauthorization make to the rules for Did this change eliminate outreach from the number of family day care homes State agency visits to new private the CACFP? recruited. institutions? No. State agency outreach is still an Because these terms were not Section 107(c) of Public Law 105–336 allowable and desirable Program narrowly defined by Congress, we have amended section 17(d) of the NSLA (42 activity. Although Public Law 104–193 broadly construed the terms U.S.C. section 1766(d)) to require State removed two specific requirements for ‘‘employee’’ and ‘‘payment’’. For agencies to visit private institutions State agency outreach, it nonetheless example, sponsoring organizations often (both non-profit and for-profit) applying maintained, and even reinforced, the pay individuals (including family day for the first time prior to their approval State agency’s responsibility to foster care home providers whom they to participate in CACFP. Section 107(c) Program expansion in low-income and sponsor for CACFP) to perform specific further requires State agencies to make rural areas. program functions, such as training, ‘‘periodic site visits to private Previously, Public Law 101–147 had monitoring, or recruitment. Although institutions that the State agency made additional funds available to that person is not a full-time employee determines have a high probability of sponsoring organizations of day care of the family day care home sponsoring program abuse.’’ homes for expansion into rural or low- organization, we nevertheless believe income areas. Public Law 103–448 had How does USDA propose to implement that they were intended to be covered permitted day care home sponsors to these changes in the regulations? by this prohibition. We also believe that use their administrative funds to defray It is clear that Congress intended to the licensing-related costs of non- Congress intended to prohibit any form exclude from this pre-approval visit participating low-income day care home of payments (including bonuses, free requirement both public institutions providers. Public Law 104–193 trips, or any other perquisite or gratuity) and institutions which are adult day underscored Congress’ commitment to based solely on recruitment made to any care centers, and to focus additional these provisions by mandating that we full-time or part-time employee, State agency resources on child care publish interim regulations contractor, or family day care home institutions, especially on sponsors of implementing these changes and giving provider. more than one child care facility. The them the force of law, which was done conference report language (Conf. Can a family day care home sponsor in 1998 (63 FR 9721, February 26, 1998). Report 105–786, October 6, 1998) still pay persons to perform recruitment Thus, although the specific requirement focuses throughout on the Program to notify non-participating institutions functions? management problems documented in was removed, the law continues to Yes. The recruitment of family day OIG audits. These audits have been promote program expansion among care home providers to participate in confined to sponsors of family child rural and low-income family day care CACFP is not prohibited. In fact, as care homes and/or child care centers home providers, and the regulations because these organizations account for noted in the previous section of this continue to require State agencies to such a large share of Program preamble, the law continues to perform outreach activities, especially reimbursements. in rural and low-income areas. encourage recruitment of new providers in low-income and rural areas. This Why require a pre-approval visit to What changes to the rule is the means that family day care home private independent centers? Department proposing? sponsors are permitted to pay We recognize that requiring State Accordingly, we propose to amend: employees or contractors to perform agencies to conduct a pre-approval visit • Section 226.6(a) to require that recruitment functions. However, the of each new independent center could, State agencies continue to commit person being paid cannot be reimbursed especially in geographically large and sufficient resources to facilitate Program solely on the basis of the number of rural States, result in delays in expansion in low-income and rural homes recruited. Similarly, including approving such centers. In large, rural areas; and States, the remote location of some • the number of homes recruited as an Section 226.6(g), entitled ‘‘Program evaluation factor when measuring an centers might require State agencies to expansion’’, to eliminate the language employee or contractor’s performance is delay pre-approval visits until such time requiring that State agencies take permissible, whereas providing a bonus as other duties brought them to that part specific actions to facilitate expansion, or award for recruiting a certain number of the State. Given Congress’ while retaining the broader requirement of homes would not be permissible. documented concern with Program that State agencies take action to expand access in low-income and rural areas, the availability of Program benefits, How does USDA propose to implement we have addressed this issue in Program especially in low-income and rural this change? guidance issued on July 14, 1999. That areas. guidance sets forth various ways in Accordingly, we propose to amend E. Prohibition on Payment of Incentive which the pre-approval requirement section 226.15 by adding a new Bonuses for Recruitment of Family Day might be met for independent centers paragraph (g) which prohibits Care Homes (including obtaining information sponsoring organizations of family day gathered by the State licensing agency What change did the law make with care homes from making payments to in its previous visit(s) to the center), and regard to employee payments by family employees or contractors solely on the also describes certain circumstances day care home sponsoring basis of the number of family day care under which we would be willing to organizations? homes recruited, and by redesignating entertain State agency requests to delay Section 708(b) of Public Law 104–193 current sections 226.15(g)–(k) as the pre-approval requirement for one or amended section 17(a)(2)(D) of the sections 226.15(h)–(l), respectively. more independent centers. Thus, the
VerDate 112000 12:42 Sep 11, 2000 Jkt 190000 PO 00000 Frm 00022 Fmt 4701 Sfmt 4702 E:\FR\FM\12SEP3.SGM pfrm04 PsN: 12SEP3 Federal Register / Vol. 65, No. 177 / Tuesday, September 12, 2000 / Proposed Rules 55123 guidance provides State agencies with H. Audit Funding officials (7 CFR Part 3015, Subpart V, options for meeting the legal and final rule related notice published What change did the law make to audit in 48 FR 29114, June 24, 1983, and 49 requirement with respect to funds available to State agencies? independent centers, but ensures that a FR 22676, May 31, 1984). Over the past pre-approval visit to sponsoring Section 107(e) of Public Law 105–336 five years, the Department informally organizations by the State agency will amended section 17(i) of the NSLA (42 consulted with State administering always occur. U.S.C. section 1766(i)) by reducing the agencies, Program sponsors, and CACFP amount of audit funding made available advocates on ways to improve Program Accordingly, we propose to further to State agencies. Prior to this change, management and integrity in CACFP. amend revised section 226.6(b)(1)(i) to State agencies could receive up to two Discussions with State agencies took require State agencies to conduct pre- percent of Program expenditures during place in the joint Management approval visits to new private child care the preceding fiscal year to conduct Improvement Task Force meetings held institutions. Program audits. This was changed to between 1995 and 2000; in three one and one-half percent of Program G. Provision of Information on the WIC biennial National meetings of State and expenditures in the previous fiscal year, Federal CACFP administrators (1996 in Program beginning in fiscal year 1999. In Seattle, 1998 in New Orleans, and 2000 What does the law require with regard addition, in order to meet mandatory in Chicago); at the December 1999 to distribution of information on the ten-year budget targets, the law also meeting of State Child Nutrition WIC Program? mandated a further reduction (to one Program administrators in New Orleans; percent) in fiscal years 2005 through and in a variety of other small- and Section 107(i) of Public Law 105–336 2007; however, the conference report large-group meetings. Discussions with requires us to provide State agencies made clear Congress’ intent to restore Program advocates and sponsors with information concerning the Special funding which would maintain the level occurred in the Management Supplemental Nutrition Program for at one and one-half percent in those Improvement Task Force meetings held Women, Infants and Children (WIC) three years. in 1999–2000; in annual National Program. It also requires State agencies meetings of the Sponsors Association, How does USDA propose to implement the CACFP Sponsors Forum; the to ‘‘ensure that each participating family this change? and group day care home and child care Western Regional Office-California center (other than an institution Accordingly, we propose to amend Sponsors Roundtable from 1996–2000; providing care to school children section 226.4(h) by removing the words and in a variety of other small-and large- outside school hours) receive materials’’ ‘‘2 percent’’ and substituting in their group meetings. place the words ‘‘11⁄2 percent’’. that explain WIC’s importance, its Public Law 104–4 income eligibility guidelines, and how Executive Order 12866 Title II of the Unfunded Mandates to obtain benefits. In addition, State This proposed rule has been Reform Act of 1995 (UMRA), Pub. L. agencies must provide these facilities determined to be significant and was 104–4, requires Federal agencies to with periodic updates of this reviewed by the Office of Management assess the effects of their regulatory information and must ensure that the and Budget under Executive Order actions on State, local, and tribal parents of enrolled children receive this 12866. governments and the private sector. information. Under Section 202 of the UMRA, the Regulatory Flexibility Act Food and Nutrition Service must How does USDA propose to implement This rule has been reviewed with usually prepare a written statement, this change? regard to the requirements of the including a cost-benefit analysis, for On April 14, 1999, we provided the Regulatory Flexibility Act (5 U.S.C. proposed and final rules with ‘‘Federal 601–612). Shirley R. Watkins, Under required information to each State mandates’’ that may result in new Secretary for Food, Nutrition, and agency administering the CACFP. We annual expenditures of $100 million or Consumer Services, has certified that propose to require State agencies to more by State, local, or tribal this rule will not have a significant governments or the private sector. When distribute this information to each economic impact on a substantial such a statement is needed, section 205 institution participating in the Program, number of small entities. When of the UMRA requires the Food and to require that the institution make this implemented, this proposed rule will Nutrition Service to identify and information available to each sponsored primarily affect the procedures used by consider regulatory alternatives that facility (except sponsored outside- State agencies in reviewing applications would achieve the same result. school-hours care centers), and to submitted by, and monitoring the This rule contains no Federal ensure that institutions and/or facilities performance of, institutions which are mandates (as defined in Title II of the make this information available to the participating or which wish to UMRA) that would lead to new annual households of participating children. participate in the Child and Adult Care expenditures exceeding $100 million for Accordingly, we propose to amend Food Program. Those proposed changes State, local, or tribal governments or the section 226.6 by adding a new which would affect institutions and private sector. Therefore, the rule is not paragraph (q) which includes the facilities will not, in the aggregate, have subject to the requirements of sections requirements for State agencies with a significant economic impact. 202 and 205 of the UMRA. respect to dissemination of WIC Executive Order 12372 Executive Order 12988 information. We also propose to amend This Program is listed in the Catalog This proposed rule has been reviewed section 226.15 by adding a new of Federal Domestic Assistance under under Executive Order 12988, Civil paragraph (n) which sets forth the No. 10.558 and is subject to the Justice Reform. This proposed rule is institution’s requirements for provisions of Executive Order 12372, intended to have preemptive effect with dissemination of WIC information to which requires intergovernmental respect to any State or local laws, parents. consultation with State and local regulations, or policies which conflict
VerDate 112000 18:15 Sep 11, 2000 Jkt 190000 PO 00000 Frm 00023 Fmt 4701 Sfmt 4702 E:\FR\FM\12SEP3.SGM pfrm12 PsN: 12SEP3 55124 Federal Register / Vol. 65, No. 177 / Tuesday, September 12, 2000 / Proposed Rules with its provisions or which would Food and Nutrition Service. A copy of The title and description of the otherwise impede its full these comments may also be sent to Mr. information collections are shown implementation. This proposed rule is Robert Eadie at the address listed in the below with an estimate of the annual not intended to have retroactive effect ADDRESSES section of this preamble. reporting and recordkeeping burdens. unless so specified in the ‘‘Effective Commenters are asked to separate their Included in the estimate is the time for Date’’ section of the preamble of the remarks on information collection reviewing instructions, searching final rule. All available administrative requirements from their comments on existing data sources, gathering and procedures must be exhausted prior to the remainder of the proposed rule. maintaining the data needed, and any judicial challenge to the provisions OMB is required to make a decision completing and reviewing the collection of this rule or the application of its concerning the collection of information of information. provisions. This includes any proposed in this rule between 30 to 60 Title: 7 CFR Part 226, Child and Adult administrative procedures provided by days after its publication in the Federal Care Food Program. State or local governments. In the Register. Therefore, a comment to OMB OMB Number: 0584–0055. CACFP, the administrative procedures is most likely to be considered if OMB Expiration Date: October 31, 2001. are set forth at: receives it within 30 days of the Type of request: Revision of existing (1) 7 CFR 226.6(k), which establishes publication of this proposed rule. This collections. appeal procedures; and does not affect the 90-day deadline for (2) 7 CFR 226.22 and 7 CFR 3015, Abstract: This rule proposes to revise: the public to comment to the which address administrative appeal the application process for institutions Department on the substance of the procedures for disputes involving applying to participate in the CACFP; proposed rule. procurement by State agencies and State- and institution-level monitoring institutions. Comments are invited on: (a) Whether requirements; Program training and the collection of information is other operating requirements for child Paperwork Reduction Act necessary for the Agency to perform its care institutions and facilities; and other In accordance with the Paperwork functions of the agency and will have provisions which we are required to Reduction Act of 1995 (44 U.S.C. 3507), practical utility; (b) the accuracy of the change as a result of the Healthy Meals this notice invites the general public Agency’s estimate of the burden of for Healthy Americans Act of 1994, the and other public agencies to comment collecting the information, including Personal Responsibility and Work on the information collection. Written whether its methodology and Opportunities Reconciliation Act of comments on the information collection assumptions are valid; (c) ways to 1996, and the William F. Goodling requirements proposed in this rule must enhance the quality, utility, and clarity Child Nutrition Reauthorization Act of be received on or before November 13, of the information to be collected; and 1998. The proposed changes are 2000 by the Office of Information and (d) ways to minimize the burden of the primarily designed to improve Program Regulatory Affairs, Office of information collection, including the operations and monitoring at the State Management and Budget (OMB), 3208 use of appropriate automated, and institution levels and, where New Executive Office Building, electronic, mechanical, or other possible, to streamline and simplify Washington, DC 20503, Attention: Ms. technological collection techniques or Program requirements for State agencies Brenda Aguilar, Desk Officer for the other forms of information technology. and institutions.
ESTIMATED ANNUAL RECORDKEEPING BURDEN
Annual Average Description of change Section number of Annual burden per Annual burden respondents frequency response hours
Enrollment documentation shall be updated annually, signed by a par- ent or legal guardian, and include information on child's normal days & hours of care & the meals nor- mally received while in care Total Existing Households ...... 0 ...... 0 0 0 0 Total Proposed Households ...... 7 CFR 226.15(e)(2) ...... 1,490,770 1 .33 491,954 Total Existing Recordkeeping Bur- 0 ...... 0 0 0 0 den. Total Proposed Recordkeeping Bur- denÐ+491,954 ChangeÐ+491,954 ...... 0 ...... 0 0 0 0
List of Subjects in 7 CFR Part 226 Accordingly, 7 CFR Part 226 is 2. In part 226: proposed to be amended as follows: a. All references to ‘‘AFDC’’ are Accounting, Aged, Day care, Food and revised to read ‘‘TANF’’. Nutrition Service, Food assistance PART 226ÐCHILD AND ADULT CARE b. All references to ‘‘AFDC assistance programs, Grant programs—health, FOOD PROGRAM unit’’ are revised to read ‘‘TANF Indians, Individuals with disabilities, recipient’’. Infants and children, Intergovernmental 1. The authority citation for part 226 3. In § 226.2: relations, Loan programs, Reporting and continues to read as follows: a. Remove the definition of AFDC recordkeeping requirements, Surplus Authority: Secs. 9, 11, 14, 16, and 17, assistance unit. agricultural commodities. National School Lunch Act, as amended (42 b. New definitions of Household U.S.C. 1758, 1759a, 1762a, 1765 and 1766). contact, New institution, Renewing
VerDate 112000 15:58 Sep 11, 2000 Jkt 190000 PO 00000 Frm 00024 Fmt 4701 Sfmt 4702 E:\FR\FM\12SEP3.SGM pfrm01 PsN: 12SEP3 Federal Register / Vol. 65, No. 177 / Tuesday, September 12, 2000 / Proposed Rules 55125 institution, and TANF recipient are (g) * * * include a satisfactory pre-approval visit added in alphabetical order. (2) * * * Such adjustments shall be by the State agency to confirm the The revision and additions specified rounded to the nearest lower cent, based information in the institution’s above read as follows: on changes measured over the most application and to further assess its recent twelve-month period for which ability to manage the Program. In § 226.2 Definitions data are available. The adjustment to the addition, such procedures shall include: * * * * * rates shall be computed using the (A) For both sponsored and Household contact means a contact unrounded rate in effect for the independent child care centers, adult made by a sponsoring organization or a preceding year. day care centers and outside-school- State agency to a household with a * * * * * hours care centers, submission of the child(ren) in a family day care home or 5. In § 226.6: number of enrolled children eligible for a child care center (excluding family a. Paragraphs (a) and (b) are revised. free, reduced price and paid meals; day care home providers’ households b. Paragraphs (f) (1) through (f)(3) are (B) For sponsoring organizations of when the provider’s own children are in revised, and paragraphs (f)(4) through day care homes: care). Such contact may be made in (f)(11) are removed. (1) Submission of the current total writing or by telephone; however, a c. Paragraph (g) is revised. number of children enrolled; telephone contact must be preceded by d. Paragraph (h) is amended by (2) An assurance that day care home written notice to the household revising the first sentence and by adding providers’ children enrolled in the explaining the reason for the call, a new second sentence immediately Program are eligible for free or reduced providing the name of the sponsor thereafter. price meals; employee who will make the call, and e. Paragraph (j) is revised. (3) The total number of tier I and tier providing assurance that any f. Paragraphs (l) and (m) are revised. II day care homes that it sponsors; information provided will be g. A new paragraph (q) is added. (4) The number of children enrolled confidential and will be used solely for The additions and revisions specified in tier I day care homes; Program purposes. The household above read as follows: (5) The number of children enrolled contact shall ask an adult member of the in tier II day care homes; and household to verify the attendance and § 226.6 State agency administrative (6) The number of children in tier II responsibilities. enrollment of the household’s children day care homes that have been and the specific meal service(s) which (a) State agency personnel. Each State identified as eligible for free or reduced the children routinely receive while in agency shall provide sufficient price meals; care. consultative, technical, and managerial (C) For all institutions, submission of personnel to: * * * * * the institution’s nondiscrimination (1) Administer the Program; New institution means an institution policy statement, free and reduced price (2) Provide sufficient training and policy statement, and media release; which is applying to participate in the technical assistance to institutions; Program for the first time, or an (D) For all sponsoring organizations, (3) Monitor Program performance; submission of a management plan institution which is applying to (4) Facilitate expansion of the participate in the Program after a lapse which includes: Program in low-income and rural areas; (1) Detailed information on the in Program participation. and sponsoring organization’s * * * * * (5) Ensure effective operation of the administrative structure; Renewing institution means an Program by participating institutions. (2) The staff assigned to Program institution which is participating in the (b) Program applications and management and monitoring; Program at the time the State agency agreements. (1) Application review (3) An administrative budget; requires the institution to submit a process. Each State agency shall (4) The procedures to be used by the renewal application. establish an application review process sponsoring organization to administer * * * * * to determine the eligibility of new the Program in, and disburse payments TANF recipient means an individual institutions, renewing institutions, and to, the child care facilities under its or household receiving assistance (as facilities for which applications are sponsorship; and, defined in 45 CFR § 260.31) under a submitted by sponsoring organizations. (5) For sponsoring organizations of State-administered Temporary In its review of any institution’s day care homes, a description of the Assistance to Needy Families program. application to participate in the system for making tier I day care home * * * * * Program, the State agency shall consult determinations, and a description of the 4. In § 226.4: the list of seriously deficient institutions system of notifying tier II day care a. Paragraph (g)(2) is amended by and shall deny the application of any homes of their options for removing the word ‘‘supplements’’ and institution on that list. The State agency reimbursement; adding in its place the word ‘‘meals’’, shall enter into written agreements with (E) For all institutions, submission of and by removing the second sentence institutions in accordance with an administrative budget which the and adding two new sentences in its paragraph (b)(2) of this section. State agency shall review in accordance place. (i) Application procedures for new with § 226.7(g); b. Paragraph (h) is amended by institutions. Each State agency shall (F) Submission of documentation that removing the words ‘‘two percent’’ and establish application procedures to all independent or sponsored child care adding in their place the words ‘‘one determine the eligibility of new centers, adult day care centers, and and one-half percent’’. institutions under this part. At a outside-school-hours care centers, and The addition specified above reads as minimum, such procedures shall all day care homes for which follows: require that institutions submit application is made by a sponsoring information to the State agency in organization, are in compliance with § 226.4 Payments to States and use of accordance with paragraph (f) of this Program licensing/approval provisions; funds section. For new private child care (G) Except for any public organization * * * * * institutions, such procedures shall also or any proprietary title XIX and title XX
VerDate 112000 10:21 Sep 11, 2000 Jkt 190000 PO 00000 Frm 00025 Fmt 4701 Sfmt 4702 E:\FR\FM\12SEP3.SGM pfrm04 PsN: 12SEP3 55126 Federal Register / Vol. 65, No. 177 / Tuesday, September 12, 2000 / Proposed Rules centers and organizations which solely the Program shall be notified in writing 1973, the Age Discrimination Act of sponsor proprietary title XIX and title of approval or disapproval by the State 1975 and the Department’s regulations XX centers, submission of evidence of agency, within 30 calendar days of the concerning nondiscrimination (7 CFR tax-exempt status in accordance with State agency’s receipt of a complete parts 15, 15a and 15b), including § 226.15(a); application. Whenever possible, State requirements for racial and ethnic (H) For proprietary title XX child care agencies should provide assistance to participation data collection, public centers, submission of: institutions which have submitted an notification of the nondiscrimination (1) Documentation that they are incomplete application. Any policy, and reviews to assure currently providing nonresidential day disapproved applicant shall be notified compliance with such policy, to the end care services for which they receive of the reasons for its disapproval and its that no person shall, on the grounds of compensation under title XX of the right to appeal under paragraph (k) of race, color, national origin, sex, age, or Social Security Act; and this section. disability, be excluded from (2) Certification that not less than 25 (2) Program agreements. (i) The State participation in, be denied the benefits percent of enrolled children or 25 agency shall require each institution of, or be otherwise subjected to percent of the licensed capacity, which has been approved for discrimination under, the Program. whichever number is less, in each such participation in the Program to enter * * * * * center during the most recent calendar into an agreement governing the rights (f) Miscellaneous responsibilities. month were title XX beneficiaries. and responsibilities of each party. The State agencies shall require institutions (I) For proprietary title XIX or title XX State agency may allow a renewing to comply with the applicable institution to amend its existing adult day care centers, submission of: provisions of this part and shall provide (1) Documentation that they are Program agreement in lieu of executing or collect the information specified in currently providing nonresidential day a new agreement. The existence of a this paragraph (f). care services for which they receive valid agreement, however, does not (1) Annual responsibilities. In compensation under title XIX or title XX eliminate the need for an institution to addition to its other responsibilities of the Social Security Act; and comply with the reapplication under this part, each State agency shall (2) Certification that not less than 25 provisions of paragraphs (b) and (f) of annually: percent of enrolled adult participants in this section. each such center during the most recent (ii) The length of time during which (i) Inform institutions which are calendar month were title XIX or title such agreements are in effect shall be no pricing programs of their responsibility XX beneficiaries; and less than one nor more than three years, to ensure that free and reduced price (J) Submission of a statement of except that: meals are served to participants unable institutional preference to receive (A) The State agency and institutions to pay the full price; commodities or cash-in-lieu of which are school food authorities shall (ii) Provide to all institutions a copy commodities. enter into a single permanent agreement of the income standards to be used by (ii) Application procedures for for the administration of all child institutions for determining the renewing institutions. Each State agency nutrition programs for which the State eligibility of participants for free and shall establish application procedures to agency has responsibility; and reduced price meals under the Program; determine, under this part, the (B) If the State agency has not (iii) Coordinate with the State agency eligibility of renewing institutions. conducted a review of a renewing which administers the National School (A) At a minimum, such procedures institution since the last agreement was Lunch Program to ensure the receipt of shall include the renewing institution’s signed or extended, and it has reason to a list of elementary schools in the State submission of: believe that such a review is in which at least one-half of the (1) A management plan and immediately necessary, the State agency children enrolled are certified eligible to administrative budget, in accordance may approve the agreement with the receive free or reduced price meals. The with paragraphs (b)(1)(i)(D), (b)(1)(i)(E), institution for a period of less than one State agency shall provide the list to and (f)(1)(vi) of this section; and year, pending the completion of a sponsoring organizations by February 15 (2) Such other documentation as the review of the institution. of each year, unless the State agency State agency shall determine necessary (iii) Any agreement that extends from that administers the National School to ensure an institution’s ability to one fiscal year into the following fiscal Lunch Program has elected to base data manage the Program properly, year shall stipulate that, in subsequent for the list on a month other than efficiently, and effectively in accordance years, the agreement shall be in effect October, in which case the State agency with this part. contingent upon the availability of shall provide the list to sponsoring (B) Renewing institutions shall not be Program funds. However, this shall not organizations within 15 calendar days of required to submit a free and reduced limit the State agency’s ability to its receipt from the State agency that price policy statement unless they make terminate the agreement in accordance administers the National School Lunch substantive changes to that statement. with paragraph (c) of this section. Program. The State agency shall also (C) The State agency shall require (iv) The Program agreement shall provide each sponsoring organization each renewing institution participating provide that the institution accepts final with census data, as provided to the in the Program to reapply for financial and administrative State agency by FNS upon its participation at a time determined by responsibility for management of a availability on a decennial basis, the State agency, except that no proper, efficient, and effective food showing areas in the State in which at institution shall be allowed to service, and will comply with all least 50 percent of the children are from participate for less than 12 or more than requirements under this part. In households meeting the income 36 calendar months under an existing addition, the agreement shall provide standards for free or reduced price application, except as described in that the sponsor shall comply with all meals. In addition, the State agency paragraph (b)(2)(ii)(B) of this section. requirements of title VI of the Civil shall ensure that the most recent (iii) State agency notification Rights Act of 1964, title IX of the available data is used if the requirements. Any new or renewing Education Amendments of 1972, determination of a day care home’s institution applying for participation in Section 504 of the Rehabilitation Act of eligibility as a tier I day care home is
VerDate 112000 10:21 Sep 11, 2000 Jkt 190000 PO 00000 Frm 00026 Fmt 4701 Sfmt 4702 E:\FR\FM\12SEP3.SGM pfrm04 PsN: 12SEP3 Federal Register / Vol. 65, No. 177 / Tuesday, September 12, 2000 / Proposed Rules 55127 made using school or census data. sponsorship have adhered to the during the most recent calendar month Determinations of a day care home’s training requirements set forth in were title XX beneficiaries; eligibility as a tier I day care home shall Program regulations; and (vi) Require proprietary title XIX or be valid for one year if based on a (x) Require each sponsoring title XX adult care centers to submit provider’s household income, three organization of family day care homes to documentation that they are currently years if based on school data, or until submit to the State agency a list of providing nonresidential day care more current data are available if based family day care home providers services for which they receive on census data. However, a sponsoring receiving tier I benefits on the basis of compensation under title XIX or title XX organization, the State agency, or FNS their participation in the Food Stamp of the Social Security Act, and may change the determination if Program. Within 30 days of receiving certification that not less than 25 information becomes available this list, the State agency will provide percent of enrolled participants in each indicating that a home is no longer in this list to the State agency responsible such center during the most recent a qualified area. The State agency shall for the administration of the Food calendar month were title XIX or title not routinely require annual Stamp Program. XX beneficiaries; redeterminations of the tiering status of (2) Triennial responsibilities. In (vii) Require each institution to tier I day care homes based on updated addition to its other responsibilities indicate its choice to receive all, part or elementary school data; under this part, each State agency shall, none of advance payments, if the State (iv) Provide all sponsoring at intervals not to exceed 36 months: agency chooses to make advance organizations of day care homes in the (i) Require participating institutions payments available; and State with a listing of State-funded to re-apply to continue their (viii) Perform verification in programs, participation in which by a participation; and accordance with § 226.23(h) and parent or child will qualify a meal (ii) Require sponsoring organizations paragraph (l)(3) of this section. State served to a child in a tier II home for of child care facilities to submit a agencies verifying the information on the tier I rate of reimbursement; management plan with the elements set free and reduced price applications (v) Require child care centers, adult forth in paragraph (b)(1)(i)(D) of this shall ensure that verification activities day care centers and outside-school- section. are conducted without regard to the hours care centers to submit current (3) Other responsibilities. At intervals participant’s race, color, national origin, eligibility information on enrolled and in a manner specified by the State sex, age, or disability. participants, in order to calculate a agency, but not more frequently than (g) Program expansion. Each State blended rate or claiming percentage in annually, the State agency may: agency shall take action to expand the accordance with § 226.9(b), and require availability of benefits under this sponsoring organizations of family day (i) Require independent centers to submit an administrative budget with Program, and shall conduct outreach to care homes to submit the total number potential sponsoring organizations of of tier I and tier II day care homes that sufficiently detailed information and documentation to enable the State family day care homes which might it sponsors, as well as a breakdown administer the Program in low-income showing the total number of children agency to make an assessment of the institution’s qualifications to manage or rural areas. enrolled in tier I day care homes, (h) Commodity distribution. The State enrolled in tier II day care homes, and Program funds. Such budget shall demonstrate that the institution will agency shall require new applicant enrolled in tier II day care homes but institutions to state their preference to identified as eligible for free and expend and account for funds in accordance with regulatory receive commodities or cash-in-lieu of reduced price meals; commodities, and may periodically (vi) Require each sponsoring requirements, FNS Instruction 796–2 (‘‘Financial Management in the Child inquire as to participating institutions’ organization of child care facilities to preference to receive commodities or submit an administrative budget with and Adult Care Food Program’’), 7 CFR Parts 3015 and 3016, and applicable cash-in-lieu of commodities. State sufficiently detailed information for the agencies shall annually provide State agency to determine the Office of Management and Budget circulars; institutions with information on foods allowability, necessity, and available in plentiful supply, based on reasonableness of all proposed (ii) Require institutions to report their commodity preference; information provided by the expenditures, and to assess the Department. * * * institution’s capability to manage (iii) Require each institution to submit Program funds. The administrative documentation of its non-discrimination * * * * * budget submitted by any sponsoring statement; (j) Procurement provisions. State organization shall demonstrate that the (iv) Require an institution (except for agencies shall require institutions to sponsor will expend and account for any public organization, or any adhere to the procurement provisions funds in accordance with regulatory proprietary title XIX and title XX set forth in § 226.22 and shall annually requirements, FNS Instruction 796–2 centers and sponsoring organizations of determine that all meal procurements (‘‘Financial Management in the Child proprietary title XIX and title XX with food service management and Adult Care Food Program’’), 7 CFR centers) to submit evidence of nonprofit companies are in conformance with bid Parts 3015 and 3016, and applicable status in accordance with § 226.15(a); and contractual requirements of Office of Management and Budget (v) Require proprietary title XX child § 226.22. circulars; care centers to submit documentation * * * * * (vii) Require each institution to issue that they are currently providing (l) Program assistance—(1) General. a media release; nonresidential day care services for Each State agency shall provide (viii) Require each institution to which they receive compensation under technical and supervisory assistance to provide information concerning its title XX of the Social Security Act, and institutions and facilities to facilitate licensing/approval status and that of its certification that not less than 25 effective Program operations, monitor facilities, as appropriate; percent of enrolled participants or 25 progress toward achieving Program (ix) Require each institution to submit percent of the licensed capacity, goals, and ensure compliance with the verification that all facilities under its whichever is less, in each such center Department’s nondiscrimination
VerDate 112000 10:21 Sep 11, 2000 Jkt 190000 PO 00000 Frm 00027 Fmt 4701 Sfmt 4702 E:\FR\FM\12SEP3.SGM pfrm04 PsN: 12SEP3 55128 Federal Register / Vol. 65, No. 177 / Tuesday, September 12, 2000 / Proposed Rules regulations (part 15 of this title) issued children’s enrollment and attendance Special Supplemental Nutrition under title VI of the Civil Rights Act of and the specific meal service(s) which Program for Women, Infants and 1964. Documentation of supervisory their children routinely receive while in Children (WIC), and WIC income assistance activities, including reviews care. Household contacts may be made eligibility guidelines, to participating conducted, corrective actions in writing or by telephone. However, if institutions. In addition, the State prescribed, and follow-up efforts, shall telephone contacts are used, State agency shall ensure that: be maintained on file by the State agencies shall give advance notice of the (1) Participating family day care agency. call to the household in writing. Such homes and sponsored child care centers (2) Review content. As part of its notice shall inform the household of the receive this information, and periodic conduct of administrative reviews, the upcoming call and shall provide the updates of this information, from their State agency shall assess institutional name of the employee who will make sponsoring organizations or the State compliance with: the provisions of this the call. Such notice shall also inform agency; and part; any applicable instructions and the household that the call is being (2) The parents of enrolled children handbooks issued by FNS and the made to verify their child’s participation also receive this information. Department under this part; and any or attendance at a child care facility 6. In § 226.7: instructions and handbooks issued by receiving CACFP reimbursement; that the State agency which are not all information provided shall be strictly a. Paragraph (g) is revised. inconsistent with the provisions of this confidential; and that the State agency b. Paragraph (k) is amended by adding part. Program reviews shall include will only use the information for a new sentence after the first sentence. State agency evaluation of the Program purposes. If one-quarter or The revision and addition specified documentation used by sponsoring more of the selected households with above read as follows: organizations to classify their day care children in a sponsored center, or if any homes as tier I day care homes. At a of the households with children in a § 226.7 State agency responsibilities for minimum, State agency reviews shall family day care home, cannot be financial management. also include an assessment of: contacted or refuse to provide * * * * * (i) The institution’s maintenance of information within 30 days, or if any of (g) Administrative budget approval. required Program documents on file; the households contacted fail to The State agency shall review (ii) Facility licensing and approval; corroborate the facility’s meal claim, the institution administrative budgets and (iii) Meal counts; State agency shall make an shall limit allowable administrative (iv) Administrative costs; unannounced visit to the facility within claims by each sponsoring organization (v) Sponsor training and monitoring one week. Non-respondent households to the administrative costs approved in of facilities; shall be counted towards meeting the its budget. The administrative budget (vi) Observation of meal service; shall demonstrate the institution’s (vii) The sponsoring organization’s State agency’s requirement to contact ability to manage Program funds in compliance with the household contact one-half of the households with accordance with this part, FNS requirements set forth at § 226.16(d)(5); children in a particular facility. Instruction 796–2 (‘‘Financial and (5) Frequency and number of required (viii) All other Program requirements. institution reviews. State agencies shall Management in the Child and Adult (3) Review of sponsored facilities. As annually review 33.3 percent of all Care Food Program’’), 7 CFR Parts 3015 part of each required review of a institutions. State agencies shall also and 3016, and applicable Office of sponsoring organization, the State ensure that each institution is reviewed Management and Budget circulars. agency shall select a sample of facilities according to the following schedule. Sponsoring organizations shall submit in order to compare available (i) Independent centers, sponsoring an administrative budget to the State enrollment and attendance records and organizations of centers, and sponsoring agency annually, and independent facility review results to meal counts organizations of day care homes with 1 centers shall submit administrative submitted by those facilities. As part of to 200 homes shall be reviewed at least budgets as frequently as required by the such reviews, the State agency shall once every four years. Reviews of State agency. Administrative budget conduct verification of Program sponsoring organizations shall include levels may be adjusted to reflect changes applications in accordance with reviews of 15 percent of their child care, in Program activities. § 226.23(h). adult day care, and outside-school- * * * * * (4) Household contacts. When hours care centers and 10 percent of (k) * * * Such procedures shall conducting reviews of sponsored their day care homes. include State agency edit checks, facilities or institutions, State agencies (ii) Sponsoring organizations with including but not limited to ensuring shall contact the households of children more than 200 homes shall be reviewed that payments are made only for in family day care homes or in child at least once every two years. Reviews approved meal types and do not exceed care centers (to exclude family day care of such sponsoring organizations shall the product of the total enrollment times home provider’s households when the include reviews of 5 percent of the first operating days times approved meal provider’s own children are in care) 1,000 homes and 2.5 percent of all types. * * * homes in excess of 1,000. whenever a facility or institution claims * * * * * the same number and type of meals (iii) Reviews shall be conducted for 7. In § 226.8: served for ten or more consecutive days, newly participating sponsoring or claims an unusually high number of organizations with five or more child a. Paragraphs (a) and (b) are revised. meals for more than one day in a care facilities or adult day care facilities b. Paragraph (c) is amended by adding claiming period. In such cases, the State within the first 90 days of program the words ‘‘or agreed-upon procedures agency shall contact at least one half of operations. engagements’’ after the words the households of children in care (not * * * * * ‘‘administrative reviews’’ in the second counting family day care providers’ (q) WIC Program Information. State sentence. households when their children are in agencies shall provide information on The revisions specified above read as care) for the purpose of verifying their the importance and benefits of the follows:
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§ 226.8 Audits. (3) Detect block claiming (i.e., no § 226.13 Food service payments to (a) Unless otherwise exempt, audits at daily variation in the number of meals sponsoring organizations for day care homes. the State and institution levels shall be claimed). conducted in accordance with Office of * * * * * * * * * * Management and Budget circular A–133 (f) If, based on the results of audits, (b) * * * Prior to submitting its and the Department’s implementing investigations, or other reviews, a State consolidated monthly claim to the State regulations at 7 CFR part 3052. State agency has reason to believe that an agency, each sponsoring organization agencies shall establish audit policy for institution, child or adult care facility, shall compare day care homes’ meal title XIX and title XX proprietary or food service management company claims against the most recent institutions. However, the audit policy has engaged in unlawful acts with information on enrollment, licensed established by the State agency shall not respect to Program operations, the capacity, total days of operation, conflict with the authority of the State evidence found in audits, investigations, attendance patterns, and authorized agency or the Department to perform, or or other reviews shall be a basis for non- meal services at each home, for each cause to be performed, audits, reviews, payment of claims for reimbursement. meal type being claimed on each day of operation, and shall not include in its agree-upon procedures, or other 9. In § 226.11: consolidated claim any meal(s) which monitoring activities. a. Paragraph (a) is amended by adding (b) The funds provided to the State are not properly supported by a new sentence to the end of the appropriate documentation. agency under § 226.4(h) may be made paragraph. available to institutions to fund a * * * * * b. Paragraph (b) is amended by adding 11. In § 226.15: portion of organization-wide audits a new sentence to the end of the made in accordance with 7 CFR part a. Paragraph (b) is revised. paragraph. b. Paragraphs (e)(2) and (e)(3) are 3052. The funds provided to an c. Paragraph (c)(1) is revised. institution for an organization-wide amended by adding a new sentence to The additions and revision specified audit shall be determined in accordance the end of each paragraph. above read as follows: c. Paragraph (e)(4) is revised. with 7 CFR 3052.230(a). d. New paragraph (e)(15) is added. * * * * * § 226.11 Program payments for child care e. Paragraphs (g)-(k) are redesignated 8. In § 226.10: centers, adult day care centers and outside- school-hours care centers. as paragraphs (h)-(l), and a new a. The first sentence of paragraph (a) paragraph (g) is added. is revised. (a) * * * However, State agencies f. Redesignated paragraph (i) is b. Paragraph (c) is amended by adding may defer payment for meals served in amended by removing the reference three new sentences at the end of the approved centers until the day on which ‘‘§ 226.6(f)(1)’’ and adding in its place introductory text and by adding the State agency and center enter into a the reference ‘‘§ 226.6(b)(2)’’. paragraphs (c)(1), (c)(2), and (c)(3). Program agreement. g. New paragraphs (m) and (n) are c. Paragraph (f) is revised. (b) * * * Prior to submitting its added. The addition and revisions specified consolidated monthly claim to the State The additions and revisions specified above read as follows: agency, each sponsoring organization above read as follows: shall compare sponsored child care and § 226.10 Program payment procedures. outside-school-hour care centers’ meal § 226.15 Institution provisions. * * * * * (a) If a State agency decides to issue claims against the most recent (b) New applications and renewals. advance payments to all or some of the information on enrollment, licensed Each institution shall submit to the participating institutions in the State, it capacity, total days of operation, State agency with its application all shall provide such advances no later attendance patterns, and authorized information required for its approval as than the first day of each month to those meal services, for each meal type being set forth in § § 226.6(b) and (f). Such institutions electing to receive advances claimed on each day of operation. information shall demonstrate that the in accordance with § 226.6 (f)(3)(vii). (c) * * * institution has the administrative and *** (1) Base reimbursement to child care financial capability to operate the * * * * * centers and adult day care centers on actual time of service meal counts, and Program properly, efficiently, and (c) * * * Prior to submitting its effectively. consolidated monthly claim to the State multiply the number of meals, by type, served to participants eligible to receive * * * * * agency, each sponsoring organization (e) * * * shall perform edit checks on its free meals, served to participants eligible to receive reduced-price meals, (2) * * * For child care centers and facilities’ meal claims. Edit checks must outside-school-hours care centers, such be performed for every day meals are and served to participants from families not meeting such standards by the documentation of enrollment shall be claimed by a facility. Discrepancies updated annually, signed by a parent or between the facility’s meal claim and its applicable national average payment rate; or legal guardian, and include information enrollment (as adjusted for absences, on each child’s normal days and hours shift care, and other factors) must be * * * * * of care and the meals normally received subjected to more thorough review to 10. In § 226.13: while in care. determine if the claim is accurate. At a a. Paragraph (b) is amended by adding (3) * * * Such documentation of minimum, these edit checks must: a new sentence to the end of the enrollment shall be updated annually, (1) Verify that the facility has been paragraph; and signed by a parent or legal guardian, and approved to serve the types of meals b. Paragraph (c) is amended by adding include information on each child’s claimed; the words ‘‘based on daily meal counts normal days and hours of care and the (2) Compare the number of children taken in the home’’ after the words ‘‘as meals normally received while in care. enrolled for care (taking an expected applicable,’’. (4) Daily records indicating the rate of absences into account) to the The addition specified above reads as number of participants in attendance number of meals claimed; and follows: and the daily meal counts, by type
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(breakfast, lunch, supper, and capability to operate the Program determine whether the claims were supplements), served to family day care properly, efficiently, and effectively in accurate. If there is a discrepancy home participants, or the time of service accordance with the Program between the number of children meal counts, by type, (breakfast, lunch, regulations. In addition to the enrolled or in attendance on the day of supper, and supplements), served to information required in § § 226.6(b) and review and prior claiming patterns, the child care center and adult day care (f), the application shall include: reviewer shall attempt to reconcile the center participants. (1) A sponsoring organization difference and determine whether the * * * * * management plan and budget, in establishment of an overclaim is (15) For sponsoring organizations, accordance with § § 226.6(b)(1)(i)(D), necessary. In addition, after the on-site records documenting the attendance of 226.6(f)(1)(vi), and 226.7(g); review has been conducted, the each staff member with monitoring * * * * * sponsoring organization shall analyze responsibilities at training which (d) * * * the review findings to determine includes instruction on the Program’s (2) Providing, prior to the beginning whether household contacts, as defined meal patterns, meal counts, claims of Program operations, training on in § 226.2, must be initiated to submission and review procedures, Program duties and responsibilities to determine the validity of the providers’ recordkeeping requirements, and an key staff from all sponsored child care previous meal claims. explanation of the Program’s and adult day care facilities. At a (iii) Frequency and type of required reimbursement system. minimum, such training shall include reviews of sponsored child care and adult day care facilities. Such reviews instruction on the Program’s meal * * * * * shall be made not less frequently than patterns, meal counts, claims (g) No institution which is a three times per year at each child care submission and review, recordkeeping sponsoring organization of family day facility and adult day care facility. At requirements, and an explanation of the care homes which employs more than least one review shall be made during Program’s reimbursement system. one person is permitted to base payment each child care or adult day care Attendance by key staff, as defined by (including bonuses or gratuities) to its facility’s first four weeks of Program the sponsoring organization, shall be employees, contractors, or family day operations and not more than six mandatory; care home providers solely on the months shall elapse between reviews. (3) Providing, not less frequently than number of new family day care homes However, sponsors may conduct recruited for the sponsoring annually, additional mandatory training reviews on average of three times each organization’s Program. sessions for key staff from all sponsored year per child care or adult day care * * * * * child care and adult day care facilities. facility, provided that each facility (m) Each institution shall comply At a minimum, such training shall receives at least two visits per year, at with all regulations, instructions and include instruction on the Program’s least one review is made during each handbooks issued by FNS and the meal patterns, meal counts, claims facility’s first four weeks of Program Department and all regulations, submission and review, recordkeeping operations, and no more than twelve instructions and handbooks issued by requirements, and an explanation of the months elapse between reviews. the State agency which are not Program’s reimbursement system. Sponsoring organizations which have inconsistent with the provisions Attendance by key staff, as defined by completed two of the three required established in Program regulations. the State agency, shall be mandatory; facility reviews without discovering (n) Each institution shall ensure that (4)(i) Review elements. All reviews serious problems (e.g., non-compliance parents of enrolled children are shall include a reconciliation of the with the meal pattern, missing or provided with current information on facility’s meal claims with enrollment inaccurate meal claims, submission of the benefits and importance of the and attendance records, an assessment inaccurate claims, failure to keep Special Supplemental Nutrition of whether the facility has corrected required records, or the provider’s Program for Women, Infants and problems noted on the previous unexplained absence) may choose either Children (WIC), and the eligibility review(s), and an assessment of the to not conduct a third review of that requirements for WIC participation. facility’s compliance with the Program facility or to use the third review as an 12. In § 226.16: requirements pertaining to: opportunity to conduct training at that a. The introductory text of paragraph (A) The meal pattern; facility; (b) and paragraph (b)(1) are revised. (B) Licensing or approval; (5) Household contacts. (i) Sponsoring b. Paragraphs (d)(2), (d)(3) and (d)(4) (C) Health, safety and sanitation; organizations shall contact households are revised. (D) Attendance at training; of children in family day care homes c. New paragraph (d)(5) is added. (E) Meal counts; and child care centers (to exclude d. New paragraph (l) is added. (F) Menu and meal records; and family day care home provider’s The additions and revisions specified (G) The annual updating and content households when the provider’s own above read as follows: of enrollment forms. children are in care) whenever a facility (ii) Such reviews shall include a claims the same number and type of § 226.16 Sponsoring organization thorough examination of the meal meals served for ten or more provisions. claims recorded by the facility for five consecutive days, or claims an * * * * * consecutive days during the current unusually high number of meals for (b) Each sponsoring organization shall and/or prior claiming period. For each more than one day in a claiming period. submit to the State agency with its day examined, reviewers shall use In such cases, sponsoring organizations application all information required for enrollment and attendance records to shall contact at least one half of the its approval, and the approval of the determine the number of children in households of children in care at that child care and adult day care facilities care during each meal service and to facility (not counting family day care under its jurisdiction, as set forth in compare those numbers to the numbers providers’ households when their § § 226.6(b) and (f). The application of breakfasts, lunches, suppers, and/or children are in care) for the purpose of shall demonstrate that the institution supplements claimed for that day. Based verifying their children’s enrollment has the administrative and financial on that comparison, reviewers shall and attendance and the specific meal
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Paragraph (b)(8)(i) is amended by detect unusual or suspicious patterns in maintain daily records of time of service removing the semicolon, adding a the meal claims submitted by their meal counts by type (breakfast, lunch, period after ‘‘§ 226.23(e)(1)’’ and adding sponsored facilities. supper, and supplements) served to a new sentence at the end of the (ii) Household contacts may be made enrolled children, and to adults paragraph. in writing or by telephone. However, if performing labor necessary to the food The addition and revision specified telephone contacts are used, sponsoring service. above read as follows: organizations shall give advance notice (9) Each child care center shall of the call to the household in writing. require key staff, as defined by the State § 226.19 Outside-school-hours care center Such notice shall inform the household agency, to attend Program training prior provisions. of the upcoming call and shall provide to the facility’s participation in the * * * * * the name of the employee who will Program, and at least annually (b) * * * make the call. Such notice shall also thereafter, on content areas established (7) Each outside-school-hours care inform the household that the call is by the State agency. center shall require key operational being made to verify their child’s 14. In § 226.18: staff, as defined by the State agency, to participation or attendance at a child a. Paragraph (b)(2) is revised. attend Program training prior to the b. Paragraph (b)(7) is amended by care facilities receiving CACFP facility’s participation in the Program, removing the semicolon, adding a reimbursement; that all information and at least annually thereafter, on period after the word ‘‘agreement’’ and provided shall be strictly confidential; content areas established by the State by adding a new sentence at the end of and that the sponsor will only use the agency. Each meal service shall be the paragraph. supervised by an adequate number of information for Program purposes. c. Paragraph (e) is amended by adding (iii) If one-quarter or more of the operational personnel who have been the words, ‘‘shall maintain on file selected households with children in a trained in Program requirements as documentation of each child’s sponsored center, or if any of the outlined in this Section. Operational enrollment and’’ after the words ‘‘Each households with children in a family personnel shall ensure that: day care home’’ in the first sentence, day care home, cannot be contacted or and by adding a new sentence after the * * * * * refuse to provide information within 30 first sentence. (8) * * * days, or if any of the households The revisions and additions specified (i) * * * Such documentation of contacted fail to corroborate the above read as follows: enrollment shall be updated annually, facility’s meal claim, the sponsoring shall be signed by a parent or legal organization shall make an § 226.18 Day care home provisions. guardian, and shall include information unannounced visit to the facility within * * * * * on each child’s normal days and hours one week. Non-respondent households (b) * * * of care and the meals normally received shall be counted towards meeting the (2) The responsibility of the while in care. sponsoring organization’s requirement sponsoring organization to require key * * * * * to contact one-half of the households staff, as defined by the State agency, to 16. In § 226.19a: with children in a particular facility. attend Program training prior to the a. Paragraph (b)(9) is revised. Sponsoring organizations may make facility’s participation in the Program, b. A new paragraph (b)(11) is added. additional household contacts as they and at least annually thereafter, on The addition and revision specified may deem necessary, provided that the content areas established in this Part above read as follows: procedures set forth in this paragraph and by the State agency, and the are followed. responsibility of the sponsoring § 226.19a Adult day care center * * * * * organization to train the day care provisions. (l) Sponsoring organizations of family home’s staff in Program requirements; * * * * * day care homes shall not make * * * * * (b) * * * payments to employees or contractors (7) * * * The sponsoring organization (9) Each adult day care center shall solely on the basis of the number of shall not withhold Program payments to maintain daily records of time of service homes recruited. However, such any family day care home for any other meal counts by type (breakfast, lunch, employees or contractors may be paid or reason except that, with the prior supper, and supplements) served to evaluated on the basis of recruitment consent of the State agency, the enrolled participants, and to adults activities accomplished. sponsoring organization may withhold performing labor necessary to the food 13. In § 226.17: from the provider any amounts which service. a. Paragraph (b)(7) is amended by the sponsoring organization has reason * * * * * adding a new sentence at the end of the to believe are based on a false or (11) Each adult day care center shall paragraph. erroneous claim submitted by the require key operational staff, as defined b. Paragraph (b)(8) is revised. provider. c. A new paragraph (b)(9) is added. by the State agency, to attend Program * * * * * The additions and revision specified training prior to the facility’s (e) * * * Such documentation of above read as follows: participation in the Program, and at enrollment shall be updated annually, least annually thereafter, on content § 226.17 Child care center provisions. signed by a parent or legal guardian, and areas established by the State agency. * * * * * include information on each child’s Each meal service shall be supervised (b) * * * normal days and hours of care and the by an adequate number of operational (7) * * * Such documentation of meals normally received while in care. personnel who have been trained in enrollment shall be updated annually, * * * Program requirements as outlined in signed by a parent or legal guardian, and * * * * * this Section.
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17. In § 226.20, paragraphs (k)-(p) are 18. In § 226.23, paragraph (a) is Pending approval of a revision of a redesignated as paragraphs (l)-(q), revised to read as follows: policy statement, the existing policy respectively, and a new paragraph (k) is shall remain in effect. added to read as follows: § 226.23 Free and reduced-price meals. (a) The State agency shall not enter * * * * * § 226.20 Requirements for meals. into a Program agreement with a new § 226.25 [Amended] * * * * * institution until the institution has (k) Time of meal service. In addition submitted, and the State agency has 19. In § 226.25, paragraph (g) is to the requirements for outside-school- approved, a written policy statement removed. hours care centers set forth at concerning free and reduced-price Dated: August 28, 2000. § 226.19(b)(6), State agencies may meals to be used in all child and adult Shirley R. Watkins, require any institution or child care day care facilities under its jurisdiction, facility to allow a specific amount of as described in paragraph (b) of this Under Secretary for Food, Nutrition, and Consumer Services. time to elapse between meal services or Section. The State agency shall not require that meal services not exceed a require an institution to revise its policy [FR Doc. 00–22901 Filed 9–11–00; 8:45 am] specified duration. statement unless the institution makes a BILLING CODE 3410±30±P * * * * * substantive change to its policy.
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Part IV
Department of Housing and Urban Development 24 CFR Parts 5, 903 and 982 Section 8 Homeownership Program; Final Rule
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DEPARTMENT OF HOUSING AND amended by a final rule published on (ACC) or new tenant-based Section 8 URBAN DEVELOPMENT October 21, 1999 (64 FR 56894), funding for rental or homeownership implement the statutory merger of the purposes. The PHA may opt to limit the 24 CFR Parts 5, 903 and 982 Section 8 tenant-based certificate and number of Section 8 homeownership [Docket No. FR±4427±F±02] voucher programs into a new Housing vouchers or not implement the Choice Voucher program. Subpart M of homeownership option. There is no RIN 2577±AB90 24 CFR part 982 describes program separate or additional funding for the requirements for alternatives to the homeownership program. Section 8 Homeownership Program basic Housing Choice Voucher program. Generally, a PHA that administers AGENCY: Office of the Assistant Homeownership assistance offers a Section 8 tenant-based assistance has Secretary for Public and Indian new option for families that receive the choice whether to offer the Housing, HUD. Section 8 tenant-based assistance. As homeownership option. However, a with the other special housing types, PHA that elects to provide ACTION: Final rule. HUD does not provide any additional or homeownership assistance must have SUMMARY: This final rule implements separate funding for homeownership the capacity to operate a successful the ‘‘homeownership option’’ assistance under section 8(y). In general, Section 8 homeownership program. The authorized by section 8(y) of the United a public housing agency (PHA) that PHA has the required capacity if it: • States Housing Act of 1937, as amended administers section 8 tenant-based Establishes a minimum homeowner by section 555 of the Quality Housing assistance has the choice whether to downpayment requirement of at least 3 and Work Responsibility Act of 1998. offer homeownership assistance as an percent of the purchase price for Under the section 8(y) homeownership option for qualified applicants and participation in its Section 8 option, a public housing agency may participants in the PHA’s Housing homeownership program, and requires provide tenant-based assistance to an Choice Voucher program. The PHA may that at least one percent of the purchase eligible family that purchases a dwelling choose to make homeownership price come from the family’s personal assistance available for any qualified resources; unit that will be occupied by the family. • This final rule follows publication of an applicant or participant, or to restrict Requires that financing for purchase April 30, 1999 proposed rule, and takes homeownership assistance to families or of a home under its Section 8 into consideration the public comments purposes defined by the PHA. homeownership program be provided, received on the proposed rule. As required by law, the insured, or guaranteed by the state or homeownership option is not available Federal government, comply with DATES: Effective Date: October 12, 2000. for units receiving section 8 project- secondary mortgage market FOR FURTHER INFORMATION CONTACT: based assistance. By law, underwriting requirements, or comply Gerald J. Benoit, Office of Public and homeownership under section 8(y) may with generally accepted private sector Indian Housing, Department of Housing only be provided for families receiving underwriting standards; or and Urban Development, Room 4210, ‘‘tenant-based assistance’’ (42 U.S.C. • Otherwise demonstrates in its 451 Seventh Street, SW., Washington, 1437f(y)(1)). Integral to the tenant-based Annual Plan that it has the capacity, or DC 20410; telephone (202) 708–0477. nature of the housing choice voucher will acquire the capacity, to successfully (This is not a toll-free number.) Hearing program is the freedom-of-choice operate a Section 8 homeownership or speech-impaired individuals may afforded to the participant family, program. access this number via TTY by calling regardless of whether the voucher is At the briefing of families selected to the toll-free Federal Information Relay used for rental or homeownership participate in the tenant-based Section 8 Service at 1–800–877–8339. assistance. A PHA may not reduce a program, the PHA must discuss any SUPPLEMENTARY INFORMATION: family’s choice by limiting the use of homeownership option. Family participation in the homeownership I. Introduction homeownership assistance to particular units, neighborhoods, developers, or program is voluntary. Although the On April 30, 1999 (64 FR 23488), lenders. For example, while HUD homeownership program is open to both HUD published a proposed rule for encourages PHAs to develop Section 8 applicants and participants, public comment to implement the partnerships with lenders in order to not every Section 8 tenant-based family ‘‘homeownership option’’ under section assist the family in obtaining financing, may receive homeownership assistance. 8(y) of the United States Housing Act of the PHA may not require the family to The PHA may limit the number of 1937 (42 U.S.C. 1437 et seq.) (referred to use a certain lender or financing homeownership families and there are as the ‘‘1937 Act’’), as amended by approach. statutory family eligibility requirements section 555 of the Quality Housing and such as a minimum level of income and Work Responsibility Act of 1998 (Title II. Overview of the Section 8 a history of full-time employment. (The V of the FY 1999 HUD Appropriations Homeownership Program employment history requirement is not Act; Public Law 105–276, approved An overview of how the Section 8 applicable to elderly and disabled October 21, 1998; 112 Stat. 2461, 2518) homeownership program works follows. families, and there is a modified income (referred to as the ‘‘Public Housing The details regarding the operation of requirement for elderly and disabled Reform Act’’). Section 8(y) authorizes the Section 8 homeownership option are families.) The program is generally Section 8 tenant-based assistance for an provided elsewhere in the preamble and limited to first-time homeowners. The eligible family that occupies a home the regulatory text. PHA may add other local eligibility purchased and owned by members of requirements such as participation in the family. A. General the Family Self-Sufficiency (FSS) The April 30, 1999 rule proposed to PHA administration of the Section 8 program. implement the section 8(y) homeownership program differs from Once a family has been determined by homeownership option by adding a new the tenant-based rental program in many the PHA to be eligible for Section 8 ‘‘special housing type’’ under subpart M ways. A PHA may use the certificate homeownership assistance, the family of HUD’s regulations at 24 CFR part 982. and voucher program funding already must attend homeownership counseling The part 982 regulations, which were under Annual Contributions Contract sessions. The counseling may be done
VerDate 112000 16:26 Sep 11, 2000 Jkt 190000 PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 E:\FR\FM\12SER2.SGM pfrm01 PsN: 12SER2 Federal Register / Vol. 65, No. 177 / Tuesday, September 12, 2000 / Rules and Regulations 55135 by PHA staff or another entity such as Homeownership housing assistance time during receipt of homeownership a HUD-approved housing counseling payments may be made directly to the assistance the family qualifies as a agency. family or to lender on behalf of the disabled family. If, during the course of The PHA must advise the family of family. (Two-party checks to the family homeownership assistance, the family any deadlines on locating a home, and lender are not authorized because ceases to qualify as a disabled or elderly securing financing, and purchasing the such a practice is incompatible with family, the maximum term becomes home. In establishing such time limits, typical lending documents and applicable from the date the PHA should ensure that a family practices.) Before the housing assistance homeownership assistance commenced. who has executed a sales contract is begins, the family and the PHA must However, such a family must be provided reasonable time to close on the execute a ‘‘statement of homeowner provided at least 6 months of purchase of the home. The PHA does obligations.’’ The Section 8 tenant-based homeownership assistance after the not issue a voucher to the family. If the housing assistance payments (HAP) maximum term becomes applicable family is unable to locate a home to contract, request for lease approval and (provided the family is otherwise purchase within the PHA established lease addendum are not applicable to eligible to receive Section 8 deadlines, the PHA may issue the family the Section 8 homeownership program. homeownership assistance). a rental voucher. The homeownership housing A home may be purchased under the assistance payment will equal the lower PHAs shall recapture a percentage of homeownership option if, at the time of (1) the payment standard minus the homeownership assistance defined in the PHA determines that the family is total tenant payment or (2) the monthly the regulations upon the sale or eligible to purchase the home with homeownership expenses minus the refinancing of the home. Sales proceeds homeownership assistance, the home is total tenant payment. The family is that are used by the family to purchase either under construction or already responsible for the monthly a new home with Section 8 existing. The home chosen by the family homeownership expenses not homeownership assistance are not must pass an initial PHA Housing reimbursed by the housing assistance subject to recapture. Further, a family Quality Standards (HQS) inspection. payment. (Total tenant payment is may refinance to take advantage of (The HQS used for the Section 8 rental higher of the minimum rent, 10 percent lower interest rates, or better mortgage program is applicable to the of monthly income, 30 percent of terms, without any recapture penalty. homeownership program.) In addition, monthly adjusted income, or the welfare Only those proceeds realized upon the family must hire an independent, rent.) The PHA must use the utility refinancing that are retained by the professional home inspector to inspect allowance schedule and payment family (for example during a ‘‘cash-out’’ the home selected by the family to standard schedules applicable to the of the refinanced debt) are subject to the identify physical defects and the Section 8 voucher rental program. program recapture provision. condition of the major building systems After the homeownership housing A PHA opting to administer the and components. A copy of the assistance payments begin, the PHA will Section 8 homeownership program must independent inspection report must be annually reexamine family income and establish local homeownership policies. given to the PHA. The family and the composition and make appropriate The following policies must be PHA must determine if any prepurchase adjustments to the amount of the described in the PHA administrative repairs are necessary. monthly housing assistance payment. plan: any additional PHA requirements The family will enter into a contract There is no requirement for the PHA to for participation in its Section 8 of sale with the seller. The family must conduct an annual HQS inspection. secure its own financing for the home Except for elderly and disabled homeownership program (§ 982.626(b)); purchase. There is no prohibition families, Section 8 homeownership PHA maximum times to locate and against using local or State Community assistance may only be paid for a purchase a home (§ 982.629(a)); PHA Development Block Grant (CDBG) or maximum period of 15 years if the policy about issuing the family a rental other subsidized financing in initial mortgage incurred to finance voucher if the family does not find a conjunction with the Section 8 purchase of the home has a term that is suitable house to buy (§§ 982.629(c)); homeownership program. The PHA may 20 years or longer. In all other cases, the any minimum cash downpayment or prohibit certain forms of financing, maximum term of homeownership equity requirements (§ 982.632); any require a minimum cash downpayment, assistance is 10 years. The PHA may not requirements for financing purchase of or determine that the family cannot establish shorter or longer maximum a home, including requirements afford the proposed financing. (There terms. The maximum term for concerning qualification of lenders (for are no Section 8 funds for home homeownership assistance applies to example, prohibition of seller financing purchase financing. Instead, the Section any member of the household who has or case-by-case approval of seller 8 housing assistance will be provided an ownership interest in the unit during financing), terms of financing (for monthly to help the family meet any time that homeownership payments example, a prohibition of balloon homeownership expenses.) are made, or is the spouse of any payment mortgages and establishment It is anticipated that mortgage lenders member of the household who has an of a minimum homeowner equity will consider the Section 8 assistance ownership interest in the unit at the requirement), and financing when underwriting the loan. If purchase time homeownership payments are affordability (§ 982.632); any PHA of the home is financed with FHA- made. requirements for continuation of insured mortgage financing, such The maximum term for homeownership assistance financing is subject to FHA mortgage homeownership assistance does not (§ 982.633(b)(8)); PHA policy for insurance credit underwriting apply to an elderly family or a disabled determining the amount of allowable requirements. Otherwise, the family. In the case of an elderly family, homeownership expenses (§ 982.635(c)); underwriting standards of the this exception is only applied if the PHA policy for payment of the HAP to individual lender and/or financing family qualifies as an elderly family at the family or lender (§ 982.635(d)); and program will apply in cases where the commencement of homeownership any PHA policies that prohibit more financing for purchase of the home is assistance. In the case of a disabled than one move by the family during any not FHA-insured. family, this exception applies if at any one year period (§ 982.637(a)(3)).
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B. Who Is Assisted or displaced homemaker who, while Section 8 voucher program. The PHA married, owned a home with his or her may elect to offer either or both of these 1. General spouse, or resided in a home owned by forms of cooperative assistance in its The homeownership option is used to his or her spouse. voucher program, and to define the assist families in two types of housing: The restriction to ‘‘first-time’’ appropriate role of each available form • A unit owned by the family—One homeowners is intended to direct of cooperative assistance in the local or more family members hold title to the homeownership assistance to ‘‘new’’ Section 8 program. home. homeowners who may be unable to In the new homeownership option, • A cooperative unit—One or more purchase a home without this Section 8 assistance is paid on behalf of family members hold membership assistance, but to discourage use of a cooperative member, but there is no shares in the cooperative. Section 8 subsidy on behalf of families requirement that the cooperative enter 2. Assistance for Homeowner who have achieved homeownership into any agreement or any direct independently, without benefit of the relationship with the PHA that provides Before enactment of Section 8(y), Federal Section 8 subsidy. In addition, Section 8 assistance for the cooperative Section 8 assistance could be paid on the PHA may not commence member. The cooperative is not asked to behalf of a renter or cooperative homeownership assistance for a family modify any ordinary requirement for member, but not for a family that owns if any family member has previously cooperative membership or occupancy, fee title to its home. Section 8 rental received assistance under the nor asked to modify any requirement assistance terminates when the family homeownership option, and has concerning assessment or collection of takes title to the home. By contrast, defaulted on a mortgage securing debt the cooperative carrying charge, Section 8(y) is specifically designed to incurred to purchase the home (see maintenance of the unit or sanctions for authorize assistance for a § 982.627(e) of this final rule). violation of cooperative requirements. ‘‘homeowner’’—a family that owns title For clarity, in describing requirements to the home. 3. Assistance for Cooperative Member for homeownership assistance to a The law provides that the public Section 8(y) authorizes cooperative member, the new rule housing agency may provide assistance homeownership assistance for a family supplements existing definitions. The for: that ‘‘owns or is acquiring shares in a term ‘‘cooperative’’ refers to housing • A ‘‘first-time homeowner’’; and cooperative.’’ Thus, the law allows owned by a corporation or association, • A family that owns or is acquiring assistance for a family that already owns and where a member of the corporation shares in a cooperative. cooperative shares before or association has the right to reside in By law and this rule, the commencement of Section 8 a particular unit, and to participate in homeownership option is designed to homeownership assistance, not just for management of the housing (§ 982.4). promote and support homeownership a family that acquires cooperative shares The rule also adds the following two by a ‘‘first-time’’ homeowner—a family for the first time with the support of new definitions: that moves for the first time from rental such assistance. In this respect, the law • Cooperative member. A family of housing to a family-owned home. treats ownership of cooperative which one or more members owns Section 8 payments supplement the membership different from ownership membership shares in a cooperative. family’s own income to facilitate the of title to the home. In the latter case, • Membership shares. Shares in a transition from rental to the law authorizes assistance for a first cooperative. By owning such homeownership. The initial availability time homeowner. The rule specifies that cooperative shares, the share-owner has of these assistance payments helps the cooperative membership shares may be the right to reside in a particular unit in family pay the costs of homeownership, purchased at or before commencement the cooperative, and the right to and may provide additional assurance of homeownership assistance (see the participate in management of the for a lender, so that the family can definition of ‘‘membership shares’’ at housing. finance purchase of the home. § 982.4). Prior to the enactment of the Public Section 8 homeownership assistance Before this rule, HUD has provided Housing Reform Act, a family could for cooperative homeowners is essentially the same Section 8 rental only receive assistance in a cooperative specifically authorized for both a family assistance for a cooperative member as that had adopted requirements to that is a first time cooperative for a family that chooses to rent a unit maintain continued affordability for homeowner and a family that owned its in conventional rental housing. Since lower income families after transfer of a cooperative unit prior to receiving the origin of the Section 8 program, the member’s interest. There is now no such Section 8 assistance. Cooperative law has provided that with respect to statutory affordability requirement for homeowners were eligible for tenant- members of a cooperative, ‘‘rent’’ means Section 8 tenant-based assistance to based assistance prior to passage of the the charges under the occupancy cooperative residents—whether such Public Housing Reform Act. agreements between the members and assistance is provided under the rental To qualify as a ‘‘first-time the cooperative (42 U.S.C. 1437f(f)(5)). assistance program or under the new homeowner,’’ the assisted family may Thus Section 8 assistance is paid to Section 8(y) homeownership option— not include any person who owned a cover the difference between the and there is no such requirement under ‘‘present ownership interest’’ in a cooperative occupancy charges and the this rule. residence of any family member during income-based tenant rent. HUD believes that such a continuing the three years before the Under this final rule, the PHA may affordability requirement would restrict commencement of homeownership provide assistance for a cooperative housing choice of Section 8 families assistance for the family (regulatory member either under the new among available cooperative units. Such definition at § 982.4; statutory definition homeownership option or under the a requirement would also diminish a at 42 U.S.C. 1437f(y)(7)(A)). Such special procedures for cooperative major advantage of homeownership— interest includes ownership of title or of housing within the Section 8 tenant- the incentive for an assisted family to cooperative membership shares. This based rental program (§ 982.619). Each maintain and improve the housing and rule defines the term ‘‘first-time form of assistance is designated as a to benefit from appreciation upon a homeowner’’ to include a single parent separate special housing type under the future sale of the home. This rule
VerDate 112000 16:26 Sep 11, 2000 Jkt 190000 PO 00000 Frm 00004 Fmt 4701 Sfmt 4700 E:\FR\FM\12SER2.SGM pfrm01 PsN: 12SER2 Federal Register / Vol. 65, No. 177 / Tuesday, September 12, 2000 / Rules and Regulations 55137 removes the federal mandate for existing continuation of assisted occupancy. Section 982.317 also provides that in continuing affordability requirements Consequently, there is no need to determining whether the rent to owner for rental assistance in cooperative specify any allocation of maintenance for a unit subject to a lease-purchase housing. responsibility between the cooperative agreement is a reasonable amount, any In addition, this rule modifies the and the family. ‘‘homeownership premium’’ paid by the allocation of maintenance responsibility 4. Lease-Purchase Agreements family to the owner must be excluded between the cooperative and the family. when the PHA determines rent In the regular rental assistance program, The law and rule explicitly permit reasonableness. the owner is responsible for most Section 8 homeownership assistance for Lease-purchase agreements are maintenance of a unit. Under the old a family that purchases a home that the considered rental, and all the normal rule, this principle also applies to rental family previously occupied under a tenant-based Section 8 rental rules are assistance for Section 8 cooperative ‘‘lease-purchase agreement’’—generally applicable. The family will be subject to housing. However, in a conventional a lease with option to purchase. Section the homeownership regulatory cooperative, the member is generally 8(y) provides that the PHA may provide requirements at the time the family is responsible for maintenance of the Section 8 homeownership assistance for ready to exercise the homeownership an eligible family that purchases ‘‘a unit individual apartment, and the option under the lease-purchase under a lease-purchase agreement’’ (42 cooperative entity is only responsible agreement. At that point in time, the U.S.C. 1437f(y)(1)). for maintenance of common areas and PHA will determine whether the family systems. The cooperative agreement Prior to enactment of the Public Housing Reform Act, a family that is eligible for Section 8 homeownership defines the division of maintenance assistance (e.g., whether the family obligations between the member and the received Section 8 rental subsidy could exercise an option to purchase the unit meets the income and employment cooperative. thresholds and any other criteria The existing regulation is amended by under a lease-purchase agreement. established by the PHA). If determined this rule to reflect the normal division However, there were problems in eligible for a homeownership voucher, of maintenance responsibility in applying the rent reasonableness the family will then arrange for an cooperative housing for which rental requirements and, as noted above, independent home inspection, attend (not homeownership) assistance is being Section 8 rental subsidy terminated counseling sessions, and obtain provided (§ 982.619(d)(3)). The revised when the family took title to the home. rule provides that the family is Thus the prospective loss of subsidy financing. Homeownership assistance responsible for a breach of the HQS discouraged the family from taking title, will begin when the family purchases caused by failure to perform and moving from rental to the home and after all of the maintenance in accordance with the homeownership. However, Section 8(y) requirements of the homeownership cooperative occupancy agreement now provides a vehicle for continuation option are met. between the family and the cooperative. of Section 8 assistance after the family C. How to Qualify for Homeownership The PHA must take prompt and takes title to the home. Assistance vigorous action to enforce the family To qualify as a first-time homeowner maintenance obligation, and may (as noted above) the family may not 1. General terminate assistance for failure to have owned title to a principal To qualify for assistance under the perform maintenance in accordance residence in the last three years. The homeownership option, a family must with the cooperative occupancy rule specifies, however, that the right to meet the general requirements for agreement (§ 982.619(d)(4)). purchase title under a lease-purchase admission to the PHA’s Section 8 During the term of the HAP contract agreement does not constitute a tenant-based voucher program, and between the PHA and the cooperative, prohibited ‘‘present ownership additional special requirements for the unit and premises must be interest.’’ A family that holds an option homeownership assistance (§ 982.627). maintained in accordance with the to purchase may exercise the option and The PHA may not provide Section 8 HQS. If the contract unit and receive assistance under the new homeownership assistance for a family premises are not properly maintained, homeownership option. unless the PHA determines that the A new § 982.317 is added to describe the PHA may exercise all available family satisfies all of the following the requirements for lease-purchase remedies, regardless of whether the initial requirements at commencement agreements. The housing assistance family or the owner is responsible for of homeownership assistance for the payment for a lease-purchase unit may such breach of the HQS. PHA remedies family: for breach of the HQS include recovery not exceed the amount that would be • The family satisfies the minimum of overpayments, suspension of housing paid on behalf of the family if the rental income requirements described in assistance payments, abatement or other unit was not subject to a lease-purchase agreement. Any ‘‘homeownership § 982.627(c) of the final rule; reduction of housing assistance • payments, termination of housing premium’’ included in the rent to the The family satisfies the assistance payments and termination of owner that would result in a higher employment requirements described in the HAP contract (§ 982.619(d)(1)). subsidy amount than would otherwise § 982.627(d) of the final rule; In the new homeownership be paid by the PHA must be absorbed • The family has not defaulted on a cooperative option under Section 8(y), by the family. ‘‘Homeownership mortgage securing debt to purchase a there is no HAP contract (between the premium’’ is defined as an increment of home under the homeownership option PHA and the cooperative as unit value attributable to the value of the (see § 982.627(e) of the final rule); ‘‘owner’’) and no lease (between the lease-purchase right or agreement such • Except for cooperative members cooperative and the family). The unit is as an extra monthly payment to who have acquired cooperative only inspected before the accumulate a downpayment or reduce membership shares prior to the commencement of assistance. There is the purchase price. Families are commencement of homeownership no requirement that the family or permitted to pay an extra amount out- assistance, no family member has a cooperative assure that the unit of-pocket to the owner for purchase present ownership interest in a continues to satisfy HQS during the related expenses. residence at the commencement of
VerDate 112000 10:27 Sep 11, 2000 Jkt 190000 PO 00000 Frm 00005 Fmt 4701 Sfmt 4700 E:\FR\FM\12SER2.SGM pfrm04 PsN: 12SER2 55138 Federal Register / Vol. 65, No. 177 / Tuesday, September 12, 2000 / Rules and Regulations homeownership assistance for the homeownership assistance payments disabled family. In particular, as purchase of any home; will not be disrupted because of a drop required by the law, the requirement to • Except for cooperative members in family income. Any minimum count welfare assistance income does who have acquired cooperative income requirement will only apply not apply in the case of a family that membership shares prior to the again if the family purchases a includes a disabled person other than commencement of homeownership subsequent home with Section 8 the household head or spouse (and assistance, the family has entered into a homeownership assistance. where the household head or spouse are contract of sale in accordance with The law provides that the income not elderly or disabled). § 982.631(c); counted in meeting any minimum • The family satisfies any other initial income requirement under the 3. Family Employment requirements established by the PHA. homeownership option must come from Section 8(y) provides that, except as 2. Minimum Income Requirement sources other than welfare assistance. provided by HUD, the family must be Thus, PHAs may limit homeownership able to demonstrate, at the time that the To enter the Section 8 voucher assistance to families with substantial family initially receives homeownership program, a family must be income- non-welfare income available to pay assistance, that one or more adult eligible (i.e., below the maximum housing and non-housing costs. members of the family have achieved income cutoff). However, to qualify for However, the law provides that HUD employment for the time period the homeownership option in the may count welfare assistance in established by HUD (42 U.S.C. voucher program, the family must determining availability of voucher 1437f(y)(1)(B)). demonstrate sufficient income to meet a homeownership assistance for an The final rule requires that the family minimum income standard, which is elderly or disabled family (in which the must demonstrate that one or more intended to assure that a family will household head or spouse is an elderly adult members of the family who will have sufficient income to pay or disabled person). (The term ‘‘welfare own the home at commencement of homeownership and other family assistance’’ is defined in HUD’s homeownership assistance: expenses not covered by the Section 8 regulations at § 5.603, thereby • Is currently employed on a full-time subsidy. identifying the types of income that may basis (the term ‘‘full-time employment’’ Section 8(y) provides that a family not be included in determining whether is defined to mean not less than an may not receive homeownership a family meets the homeownership average of 30 hours per week); and assistance unless the family minimum income standard.) • Has been continuously so employed demonstrates that gross monthly income The rule also clarifies that the during the year before commencement is at least two times the voucher requirement to disregard welfare of homeownership assistance for the ‘‘payment standard’’ or an ‘‘other assistance income only applies in family. amount’’ established by the Secretary determining whether a family has the The final rule provides that the PHA (Section 8(y)(1)(B), 42 U.S.C. minimum income to qualify for has the discretion to determine whether 1437f(y)(1)(B)). homeownership assistance. However, (and to what extent) an employment At the request of several public welfare assistance income is counted for interruption is considered permissible commenters, the final rule establishes a other program purposes: in determining in satisfying the employment national minimum income requirement income-eligibility for admission to the requirement. The final rule also clarifies that is equal to 2,000 hours of annual voucher program, in calculating the that the PHA may consider successive full-time work at the Federal minimum amount of the family’s total tenant employment during the one-year period wage. In response to public comment, payment (gross family contribution); and self-employment in a business. the final rule also provides that the and in calculating the amount of the The employment requirement does adult family members who will own the monthly homeownership assistance not apply to an elderly family or a home at the commencement of the payment for a family assisted under the disabled family. Furthermore, if a homeownership assistance (as opposed homeownership option. family, other than an elderly family or to only the head of household or Under the law, HUD may permit a disabled family, includes a person spouse) must have annual income (gross PHAs to count welfare assistance with disabilities, the PHA must grant an income) that is not less than the income of an ‘‘elderly family’’ or a exemption from the employment minimum income requirement. ‘‘disabled family’’—a family whose head requirement if the PHA determines that The law does not specify whether the or spouse is elderly or disabled an exemption is needed as a reasonable minimum income requirement is only (definitions of these terms are found in accommodation so that the program is applied at initial qualification for section 3(b)(3)(B) of the 1937 Act; 42 readily accessible to and usable by commencement of homeownership U.S.C. 1437a(b)(3)(B))—in determining persons with disabilities. assistance, or is also a continuing whether a family has the minimum requirement that must be maintained so income to qualify for homeownership 4. Discussion of Other Requirements long as the family is receiving assistance assistance. On consideration of this a. Homeownership counseling. under the homeownership option. (By issue, and recognizing the special needs Section 8(y) provides that a family that contrast, the law explicitly provides that of such families, the rule requires that receives assistance under the the statutory employment requirement the PHA count welfare assistance of an homeownership option must participate only applies at the time the family elderly or disabled family in in a homeownership and housing initially receives homeownership determining whether the family meets counseling program provided by the assistance.) HUD has decided that any the minimum income requirement for PHA (42 U.S.C. 1437f(y)(1)(D)). The rule minimum income requirement will only homeownership assistance. This provides that, before commencement of be applied to determine initial requirement to count welfare assistance homeownership assistance for a family, qualification to purchase a particular in determining whether a family has the the family must attend and satisfactorily home, not as a continuing requirement. minimum income to qualify for complete the pre-assistance This policy gives assurance to the homeownership assistance only applies, homeownership and housing counseling family, and possibly to a potential however, to families which satisfy the program required by the PHA (pre- mortgage lender, that the stream of statutory definition of an elderly or assistance counseling) (§ 982.630).
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Suggested topics for the PHA-required counseling will assist families in otherwise habitable. The PHA HQS pre-assistance counseling program making informed decisions when inspection does not include an include: selecting the home they wish to assessment of the adequacy and life • Home maintenance (including care purchase. span of the major building components, of the grounds); b. Financing purchase of home. building systems, appliances and other • Budgeting and money management; Families selected to participate in the structural components. • Credit counseling; Section 8 homeownership program must The only difference between the HQS • How to negotiate the purchase price secure their own financing. If the family inspection requirements for the tenant- of a home; applies for a mortgage or loan (including based rental and homeownership • How to obtain homeownership an FHA mortgage), all regular lender programs is that the PHA is not required financing and loan preapprovals, underwriting and property inspection by the regulation to conduct annual including a description of types of requirements apply. inspections. The exemption from annual financing that may be available, and the The rule provides that a PHA may HQS homeownership inspections is pros and cons of different types of establish requirements for financing authorized by the statute. The initial financing; purchase of a home to be assisted under (prior to the commencement of housing • How to find a home, including the homeownership option (§ 982.632). assistance) HQS inspection is the only information about homeownership All PHA financing or affordability PHA inspection required for opportunities, schools, and requirements must be described in the homeownership units during the entire transportation in the PHA jurisdiction; PHA administrative plan. The PHA may time the family is receiving Section 8 • Advantages of purchasing a home also set requirements concerning homeownership assistance. in an area that does not have a high qualifications of lenders and terms of The other inspection required by this concentration of low-income families financing. For example, a PHA may final rule is a statutory requirement that and how to locate homes in such areas; determine that mortgages with balloon is consistent with private real estate • Information on fair housing, payments and certain kinds of variable practice. The independent professional including fair housing lending and local interest rate loans are not in the best home inspection is conducted by a fair housing enforcement agencies; and interest of the family because it is private market home inspector (not PHA • Information about the Real Estate unlikely the family could afford the staff) that is experienced and qualified Settlement Procedures Act (12 U.S.C. payments when the balloon comes due to conduct prepurchase inspections for 2601 et seq.) (RESPA), state and Federal or interest rates rise. In addition, the homebuyers. The purpose of the home truth-in-lending laws, and how to PHA could opt to prohibit seller inspection is the identification of home identify and avoid loans with financing, or to only allow seller defects and an assessment of the oppressive terms and conditions. financing in cases when the seller is a adequacy and life span of the major The PHA may adapt subjects covered nonprofit or the purchase price can be building components, building systems, in pre-assistance counseling to local clearly supported by an independent appliances and other structural circumstances and the needs of appraisal. components. The requirement for an individual families. The PHA may also Another purpose of the PHA inspection arranged by the buyer and offer additional counseling after financing review would be to determine satisfactory to the buyer is a typical commencement of homeownership whether the monthly mortgage or loan contingency clause in contracts of sale. assistance (ongoing counseling). If the payment is affordable after considering The Section 8 family selects the home PHA offers a program of ongoing other family expenses. The PHA may inspector and pays the home inspector’s counseling for participants in the disapprove proposed financing, fees. (The source of funds for family homeownership option, the PHA has refinancing or other debt if the PHA payment of the home inspection may be the discretion to determine whether the determines that the debt is unaffordable. a gift, family savings or an inheritance, family is required to participate in the PHAs may wish to establish minimum or sources other than family savings.) A ongoing counseling. initial downpayment requirements to copy of the inspection report is The counseling may be provided by ensure that the family has a personal provided to the family and the PHA. the PHA, another entity such as a HUD- financial stake in the home, thus Although the PHA may not require approved housing counseling agency, or helping to minimize mortgage loan the family to use a particular inspector, by both the PHA and another entity. defaults (for example, the PHA may the PHA may establish standards for HUD-approved housing counseling require that the family use its own qualification of the home inspector agencies provide free counseling. The resources to make the entire initial selected by the family. For example, the HUD field office will provide the PHA downpayment, or a percentage of the PHA may require the use of a home with a list of the HUD-approved initial downpayment). inspector certified by the American counseling agencies. If the PHA is not c. Home inspections. Two kinds of Society of Home Inspectors, or a similar using a HUD-approved housing physical inspections are required in the national organization. counseling agency to provide the homeownership option (in addition to, The PHA must review the home counseling for families participating in and separate from, any lender required inspector’s report to determine whether the homeownership option, the PHA inspections): an HQS inspection by the repairs are necessary prior to purchase, should ensure that its counseling PHA and an independent professional and to generally assess whether the program is consistent with the home inspection by an inspector that is purchase transaction makes sense in homeownership counseling provided used in the private market by light of the overall condition of the under HUD’s Housing Counseling homebuyers. (§ 982.631). home and the likely costs of repairs and program. The PHA inspection is the normal capital expenditures. For example, the Experience with low-income initial HQS inspection conducted by the home inspector’s report might reveal homeownership programs has PHA for the tenant-based rental foundation instability, and a defective demonstrated that quality counseling is assistance program. This inspection will roof and heating system that needs imperative for successful indicate the current physical condition immediate replacement at great cost. homeownership and prevention of of the unit and any repairs necessary to Confronted with these facts the PHA mortgage defaults. In addition, ensure that the unit is safe and would discuss the inspection results
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Switching from Section 8 (described in §§ 982.353 and 982.355) applicable to the Section 8 voucher homeownership voucher assistance to apply to the homeownership option and program are applicable to the rental voucher assistance, and vice- the administrative responsibilities of the homeownership program. PHAs must versa, after a mortgage default and at initial and receiving PHA are not altered comply with all equal opportunity and other times. There are a number of except that some administrative nondiscrimination requirements circumstances under which a family functions (e.g, issuance of a voucher or imposed by contract or Federal law. In may switch between rental and execution of a tenancy addendum) do addition, PHAs are reminded that homeownership assistance under the not apply to the homeownership option. ‘‘finders-keepers’’ applies to voucher program. Various scenarios are The receiving PHA may absorb the homeownership assistance; PHAs may described below. homeownership family or bill the initial not steer families to particular units or • A Section 8 participant receiving PHA for the homeownership housing neighborhoods. Further, as in the voucher assistance may request a PHA assistance using the normal portability tenant-based rental voucher program, operating a homeownership program to billing process. Communications PHAs must provide assistance to determine whether the family is eligible between the initial and receiving PHA expand housing opportunities. The PHA for Section 8 homeownership are necessary. As is the case for Section briefing for both rental and assistance. If the family is determined 8 rental portable families, all of the homeownership families must explain: eligible for homeownership assistance, receiving PHA’s administrative policies • Where the family may lease or the PHA may authorize the family to are applicable to the homeownership purchase a unit; search for a home to purchase. The family. The family will be required to • How portability works (if the family family would continue to receive rental attend the briefing and counseling qualifies to lease or purchase a unit assistance until the family vacates the sessions required by the receiving PHA. outside the PHA jurisdiction under rental unit (consistent with the lease). The receiving PHA, not the initial PHA, portability procedures); and • A Section 8 applicant selected from will determine whether the financing • The advantages of moving to an the PHA waiting list goes to the briefing for and the physical condition of the area that does not have a high and learns of the homeownership unit are acceptable. concentration of poor families (if the option. The PHA determines the family f. Buying another home with Section family is currently living in a high is eligible for homeownership and the 8 assistance. A homeownership family poverty census tract within the family is given two months to find a may purchase another home with jurisdiction of the PHA). home to purchase. At the end of the two Section 8 assistance provided there is Further, if the family includes any months the PHA extends the search no mortgage loan default. The family person with disabilities, the PHA must period for an additional month because must sell its current home in order to take appropriate steps to ensure the family has found a unit. However, purchase another with homeownership effective communication during the the purchase never occurs due to assistance. briefing in accordance with 24 CFR 8.6. problems qualifying for a loan. The As noted above, PHAs shall recapture h. Link between Section 8 family opts to rent an apartment and try a percentage of homeownership homeownership and the Family Self- homeownership at a later time after they assistance defined in the regulations Sufficiency (FSS) Program. PHAs may have increased their savings. The PHA upon the sale or refinancing of the wish to link Section 8 homeownership issues the family a rental voucher. home. Proceeds invested in the with the FSS program. For example, • The family purchases a home under purchase of another home are exempt participation in the FSS program could the Section 8 homeownership option. from recapture. Most of the be a PHA eligibility requirement. The After several years the family decides homeownership requirements PHA may also opt to incorporate the that they prefer to live in a rental applicable to the first home purchase homeownership goal into the family’s apartment. If there is no mortgage loan remain applicable to a subsequent FSS contract of participation so any FSS default and the family has met all purchase. For example, the family must escrow could be advanced for purchase obligations under the Section 8 once again meet the employment of a home or home maintenance/ program, the PHA may issue the family threshold. The necessity of any improvement purposes. It is noted that a rental voucher. The family must sell counseling will be determined by the FSS families must meet the the home before the PHA may provide PHA. An independent home inspection homeownership income and rental assistance. If there is a default on will be conducted and the PHA will employment thresholds. a mortgage (whether FHA-insured or determine the acceptability of the i. PHA determination of non-FHA), the PHA may exercise the financing. The maximum term of ‘‘homeownership expense’’. Section PHA option to issue the family a rental homeownership assistance applies to 982.635(c) details the expenses that the voucher only if the family vacates the the cumulative time the family receives PHA will include when determining the home and conveys the title in homeownership assistance. The only family’s homeownership expenses. The accordance with § 982.638(d) (assuming exception to eligibility requirements principal and interest amount is the the family has met all the family applicable to initial receipt of debt service amount for the initial obligations under the Section 8 program homeownership assistance is that the (original) mortgage debt, any refinancing other than not causing a mortgage family need not meet the first-time of such debt, and any mortgage default). homebuyer requirement (See insurance premium. The utility e. Portability. Generally, a family § 982.637(b)). allowance is the same utility allowance determined eligible for homeownership g. Applicability of the Section 8 schedule as used in the rental voucher assistance by the initial PHA may tenant-based voucher requirements to program. The PHA allowance for
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If a no longer limited to housing owned by underwriting standards; or member of the family is a person with a nonprofit entity. • Otherwise demonstrates in its disabilities, such debt may include debt 4. Revised definition of the term Annual Plan that its has the capacity, or incurred by the family to finance costs ‘‘first-time homeowner’’ (§ 982.4(b)). The will acquire the capacity, to successfully needed to make the home accessible for definition of ‘‘first-time homeowner’’ operate a Section 8 homeownership such person, if the PHA determines that has been revised to clarify that any program. A PHA may acquire this allowance of such costs as family who has owned any residential capacity by either partnering with an homeownership expenses is needed as a property during the preceding three entity experienced in reviewing reasonable accommodation so that the years (regardless of whether its is the homeownership financing or by hiring homeownership option is readily family’s principal residence) does not staff with such experience. accessible to and usable by such person, meet the definition of a ‘‘first-time’’ The final rule also makes a in accordance with 24 CFR part 8. homeowner. The final rule also clarifies conforming change to HUD’s PHA Plan These allowances for maintenance that a single parent or displaced regulations at 24 CFR part 903. The homemaker who, while married, owned revision is necessary so that the capacity expenses and major repairs and a home with a spouse (or resided in a requirement can be applied fully to replacements should not be based on home owned by a spouse) is considered high-performing PHAs wishing to the condition of the home, similar to a ‘‘first-time homeowner’’ for purposes provide Section 8 homeownership how utility allowances work. It is of the Section 8 homeownership option. assistance. The final rule amends recommended that a PHA contact 5. Separate definition of the term § 903.11 to provide that the information counseling agencies, local realtors and ‘‘Present ownership interest’’ required by § 903.7(k) pertaining to relevant national organizations for (§ 982.4(b)). For purposes of clarity, this homeownership programs must be advice on the appropriate level for these final rule provides a separate definition included in the PHA’s streamlined local allowances. (Families are not of the term ‘‘present ownership Annual Plan submission only to the required to put the amount set aside for interest.’’ The proposed rule had extent that the PHA participates in these two maintenance allowances in defined this term within the definition homeownership programs under section the bank or in escrow. Further, it is not of the term ‘‘first-time homeowner.’’ 8(y) of the 1937 Act. expected that the monthly amounts for 6. Overview of special housing types 8. Reorganization of Eligibility these allowances will cover all (§ 982.601). This final rule reorganizes requirements (§§ 982.626, 982.627, and maintenance and capital expenditures.) and makes several clarifying changes to 982.628). For purposes of clarity, this III. Summary of Changes Made by this § 982.601, which provides an overview final rule reorganizes the eligibility Final Rule to the April 30, 1999 of the special housing types. For requirements for participation in the Proposed Rule example, the changes clarify that the homeownership option located in provisions of subpart M of 24 CFR part §§ 982.626 and 982.627 of the proposed The following discussion summarizes 982 apply solely to the specific special rule). Section 982.626 of the final rule the most significant differences between housing type noted in the heading of describes the initial requirements that the April 30, 1999 proposed rule and each regulatory section. Further, the must be satisfied before the this final rule. The changes made in revisions clarify that the PHA may not commencement of homeownership response to public comment are set aside program funds or program slots assistance. Section 982.627 of the final discussed in greater detail in sections for special housing types or for a rule sets forth the eligibility IV., V., and VI. of this preamble. specific special housing type. These requirements (such as the minimum 1. Revised definition of ‘‘net family technical changes do not establish or income and employment requirements) assets’’ (§ 5.603(d)). In response to modify existing program requirements, for families wishing to participate in the public comment, this final rule revises but are designed solely to make homeownership option. Section 982.628 the definition of ‘‘net family assets’’ § 982.601 easier to understand. of the final rule describes the eligibility located in 24 CFR 5.603(d) to exclude 7. PHA capacity to operate successful requirements for homes purchased with the value of a home currently being Section 8 homeownership program homeownership assistance. With the purchased with Section 8 (§ 982.625(d)). This final rule adds a exception of those changes described homeownership assistance. This new § 982.625(d), which requires that a elsewhere in this preamble, this exclusion is limited to the first 10 years PHA wishing to provide Section 8 reorganization is not substantive, but is after the purchase date of the home. homeownership assistance must have intended to clarify these regulatory 2. Use of the term ‘‘welfare the capacity to operate a successful requirements. The substance of assistance’’ rather than the term ‘‘public homeownership program. The PHA has proposed § 982.628 and subsequent assistance’’ (§ 982.4(a)). The final rule the required capacity if it either: regulatory sections have been replaces the proposed definition of the • Establishes a minimum homeowner redesignated to conform to the term ‘‘public assistance’’ with a cross- downpayment requirement of at least 3 establishment of new § 982.628 (for reference to the term ‘‘welfare percent of the purchase price for example, proposed § 982.628 has assistance’’, which is defined at 24 CFR participation in its Section 8 become § 982.629 of this final rule, 5.603. The proposed definition of homeownership program, and requires proposed § 982.630 has become ‘‘public assistance’’ was redundant of that at least one percent of the purchase § 982.631, etc.). HUD’s existing definition of ‘‘welfare price come from the family’s personal 9. Homeownership assistance as a assistance.’’ Further, the use of the term resources; reasonable accommodation ‘‘welfare assistance’’ in this final rule • Requires that financing for purchase (§ 982.627(b)(3)). This final rule revises will help to ensure the consistent use of of a home under its Section 8 § 982.627 to clarify that a family
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The final rule must contain a seller certification that homeowner (as those terms are defined also clarifies that the PHA may consider the seller is not debarred, suspended, or at § 982.4). successive employment during the one- subject to a limited denial of 10. Prohibition on the provision of year period and self-employment in a participation under 24 CFR part 24. homeownership assistance to family business. 24. Applicability of Federal Housing with present ownership interest 16. Eligible homes for purchase under Administration (FHA) underwriting (§ 982.627(a)(6)). This final rule clarifies the homeownership option standards for non-FHA insured loans that, except for cooperative members (§ 982.628(a)(2)). The final rule provides (§ 982.632). The final rule removes the who have acquired cooperative that a home is eligible for purchase requirement that purchases of homes membership shares prior to the under the homeownership option if, at financed without FHA mortgage commencement of homeownership the time the PHA determines that the insurance must, nonetheless, comply assistance, no family member may have family is eligible to purchase the home with the basic underwriting a present ownership interest in a with homeownership assistance, the requirements for FHA-insured single residence at the commencement of home is either under construction or family homes. However, the final rule homeownership assistance for the already existing. continues to provide that if the purchase purchase of any home. 17. Provision of homeownership of the home is financed with FHA 11. Establishment of national counseling (§ 982.630). The final rule mortgage insurance, such financing is minimum income requirement clarifies that, although the PHA must subject to FHA mortgage insurance (§ 982.627(c)). At the request of several require pre-assistance homeownership requirements. 25. PHA approval of refinancing public commenters, the final rule counseling, the PHA is not itself agreements or securing of additional establishes a national minimum income obligated to provide the required financing on the home (§ 982.632(c)). requirement that is equal to 2,000 hours counseling. The final rule provides that the PHA of annual full-time work at the Federal 18. Housing counseling topics may establish requirements or other minimum wage. A PHA may not (§ 982.630(b)). The final rule clarifies restrictions concerning debt secured by establish a minimum income that the PHA-required counseling the home. requirement in addition to the program should ‘‘generally’’ cover the 26. PHA disapproval of lender minimum income standard established topics listed in § 982.629(b). qualifications and loan terms by this rule. 19. Fair housing as a suggested (§ 982.632(d)). This final rule clarifies 12. Fulfilling the minimum income counseling topic (§ 982.630(b)(8)). The that the PHA may review lender requirement (§ 982.627(c)(1)). In final rule expands the list of suggested qualifications and the loan terms before response to public comment, the final housing counseling topics to include authorizing homeownership assistance. rule provides that the adult family information on fair housing, fair The PHA may disapprove proposed members who will own the home at the housing lending practices, and local fair financing, refinancing or other debt if commencement of the homeownership housing enforcement agencies. the PHA determines that the debt is assistance (as opposed to only the head 20. RESPA and predatory lending as unaffordable, or if the PHA determines of household or spouse) must have suggested counseling topics that the lender or the loan terms do not annual income (gross income) that is not (§ 982.630(b)(9)). The final rule expands meet PHA qualifications. less than the minimum income the list of suggested housing counseling 27. Prohibition on ownership interest requirement. topics to include information about the in second residence (§ 982.633(b)(7)). 13. Establishment of national Real Estate Settlement Procedures Act This final rule clarifies that no family employment requirement (§ 982.627(d)). (12 U.S.C. 2601 et seq.) (RESPA), state member may have a present ownership At the request of several public and Federal truth-in-lending laws, and interest in a second residence while commenters, this final rule establishes a how to identify and avoid loans with receiving homeownership assistance. uniform national employment oppressive terms and conditions. 28. Additional requirements for requirement. For purposes of 21. Revision of housing counseling continuation of homeownership uniformity, the final rule defines ‘‘full- topics (§ 982.630(c)). The final rule assistance (§ 982.633(b)(8)). The final time employment’’ to mean not less provides that a PHA may revise the rule provides that the additional than an average of 30 hours per week. subjects covered in the pre-assistance requirements for continuation of Further, the final rule adds a new counseling to address local homeownership assistance established § 982.627(d)(4), which provides that a circumstances and the needs of by the PHA may include a requirement PHA may not establish an employment individual families. for post-purchase homeownership requirement in addition to the 22. Housing counseling standards counseling or for periodic unit employment standard established by the (§ 982.630(e)). The final rule provides inspections while the family is receiving final rule. that, if the PHA is not using a HUD- homeownership assistance. With 14. Fulfilling the employment approved housing counseling agency to regards to post-purchase counseling, requirement (§ 982.627(d)(1)). The final provide the counseling for families PHAs are encouraged to at least provide rule provides that one or more adult participating in the homeownership the family written briefing materials members of the family who will own the option, the PHA should ensure that its covering the topics in the PHA-required home at commencement of counseling program is consistent with housing counseling program at the time homeownership assistance (not just the the homeownership counseling of any refinancing of the initial debt, or head of household or spouse) must provided under HUD’s Housing the financing for improvement or repair fulfill the employment requirement. Counseling program. of the home.
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29. Maximum term of homeownership cooperative or condominium operating voucher homeownership assistance for assistance (§ 982.634). The final rule charges or maintenance fees assessed by any member of a family that is provides for a mandatory term limit on the condominium or cooperative dispossessed from the home pursuant to homeownership assistance of 15 years if homeowner association. a judgement or order of foreclosure on the initial mortgage incurred to finance 33. Homeownership assistance any mortgage (whether FHA-insured or purchase of the home has a term that is payments to lender or family non-FHA) securing debt incurred to 20 years or longer. In all other cases, the (§ 982.635(d)(2)). The final rule clarifies purchase the home, or any refinancing maximum term of homeownership that, if the PHA decides to make the of such debt. However, the family may assistance is 10 years. The PHA may not homeownership assistance payments be eligible to receive continued voucher establish shorter or longer maximum directly to the lender, and the assistance rental assistance. The PHA may terms. payment exceeds the amount due to the consider mitigating circumstances in 30. Applicability of maximum term lender, the PHA must pay the excess determining whether to provide a family for homeownership assistance amount directly to the family. with rental assistance after a mortgage (§ 982.634). The final rule clarifies that 34. Automatic termination of default. the maximum term for homeownership homeownership assistance 39. Recapture of homeownership assistance applies to any member of the (§ 982.635(e)). The final rule clarifies assistance (§ 982.640). In response to household who has an ownership that homeownership assistance for a public comment, the final rule provides interest in the unit during any time that family terminates automatically 180 for the recapture of a percentage of homeownership payments are made, or calendar days after the last housing homeownership assistance provided to is the spouse of any member of the assistance payment on behalf of the the family upon the sale or refinancing household who has an ownership family. However, a PHA has the of the home. Sales proceeds that are interest in the unit at the time discretion to grant relief from this used by the family to purchase a new homeownership payments are made. requirement in those cases where home with Section 8 homeownership As in the proposed rule, the final rule automatic termination would result in assistance are not subject to recapture. provides that the maximum term for extreme hardship for the family. Further, a family may refinance to take homeownership assistance does not 35. Clarification of portability advantage of lower interest rates, or apply to an elderly family or a disabled procedures (§ 982.636). This final rule better mortgage terms, without any family. The final rule clarifies that, in clarifies the portability procedures for recapture penalty. Only those proceeds the case of an elderly family, this Section 8 homeownership assistance. realized upon refinancing that are exception is only applied if the family Generally, a family determined eligible retained by the family (for example qualifies as an elderly family at the for homeownership assistance by the during a ‘‘cash-out’’ of the refinanced commencement of homeownership initial PHA may purchase a unit outside debt) are subject to the new recapture assistance. In the case of a disabled of the initial PHA’s jurisdiction, if the provision. family, this exception applies if at any receiving PHA is administering a The final rule requires that, upon time during receipt of homeownership voucher homeownership program and is purchase of the home, a family receiving assistance the family qualifies as a accepting new homeownership families. homeownership assistance shall execute disabled family. In general, the portability procedures for documentation as required by HUD, and If, during the course of the Housing Choice Voucher program consistent with State and local law, that homeownership assistance, the family (described in §§ 982.353 and 982.355) secures the PHA’s right to recapture the ceases to qualify as a disabled or elderly apply to the homeownership option and homeownership assistance. The lien family, the maximum term becomes the administrative responsibilities of the securing the recapture of applicable from the date initial and receiving PHA are not altered homeownership subsidy may be homeownership assistance commenced. except that some administrative subordinated to a refinanced mortgage. However, such a family must be functions (e.g, issuance of a voucher or The amount of homeownership provided at least 6 months of execution of a tenancy addendum) do assistance subject to recapture shall homeownership assistance after the not apply to the homeownership option. automatically be reduced over a 10 year maximum term becomes applicable 36. Prohibition on provision of period, beginning one year from the (provided the family is otherwise continued assistance to family with purchase date, in annual increments of eligible to receive homeownership interest in prior home (§ 982.637(a)(2)). 10 percent. At the end of the 10 year assistance in accordance with this part). The final rule provides that a PHA may period, the amount of the 31. Inclusion of accessibility not commence continued tenant-based homeownership assistance subject to modifications as homeownership assistance for occupancy of the new unit recapture will be zero. expenses (§ 982.635(c)(2)(vii) and so long as any family member owns any IV. Public Comments Received on the § 982.635(c)(3)(vii)). The final rule title or other interest in the prior home. clarifies that, if a member of the family 37. Denial or termination of April 30, 1999 Proposed Rule is a person with disabilities, eligible homeownership assistance (§ 982.638). The public comment period on the homeownership expenses may include For purposes of clarity, the final rule April 30, 1999 proposed rule closed on debt incurred to finance costs needed to consolidates the provisions regarding June 29, 1999. HUD received 93 public make the home accessible for the family the denial and termination of comments. Comments were submitted member, if the PHA determines that the homeownership assistance in a new by PHAs, including regional and State allowance is needed as a reasonable § 982.638. housing agencies; national organizations accommodation. 38. Continued assistance after representing PHAs; legal services 32. Inclusion of condominium or mortgage defaults (§ 982.638(d)). This organizations; mortgage bankers; Fannie cooperative operating charges or final rule clarifies the regulatory Mae and Freddie Mac; advocates for maintenance fees as homeownership provisions regarding continued persons with disabilities; low-income expenses (§ 982.635(c)(4)). The final rule assistance to a family that has defaulted housing advocates; and various other provides that, if the home is a on a mortgage obtained through the organizations and individuals. The cooperative or condominium unit, homeownership option. The final rule following sections of this preamble homeownership expenses may include provides that the PHA must terminate present a summary of the significant
VerDate 112000 10:27 Sep 11, 2000 Jkt 190000 PO 00000 Frm 00011 Fmt 4701 Sfmt 4700 E:\FR\FM\12SER2.SGM pfrm04 PsN: 12SER2 55144 Federal Register / Vol. 65, No. 177 / Tuesday, September 12, 2000 / Rules and Regulations issues raised by the public commenters assistance for extremely low-income permit localized financing strategies in on the April 30, 1999 proposed rule, families. According to these order to achieve success in individual and HUD’s responses to these commenters, the homeownership option communities. The approach of the final comments. is geared toward families with relatively rule is consistent with two of the Section V. of the preamble discusses higher incomes than the typical Section purposes of the Public Housing Reform general comments that did not address 8 rental program participant. Act: to deregulate PHAs, and to provide a specific regulatory section. Section VI. HUD response. Section 8(y) provides more flexible use of Federal assistance of the preamble discusses those that a PHA, in its discretion, may make to PHAs (see section 505(b) of the Public comments that concerned a specific Section 8 homeownership assistance Housing Reform Act). regulatory provision of the proposed available to eligible families. HUD While standardized requirements may rule. anticipates that PHAs will consider facilitate participation by certain local circumstances (such as the regional and national financing entities, V. Discussion of General Comments Not availability of other local resources) and increase opportunities for sales of Regarding a Specific Regulatory when deciding whether or not to mortgages in the secondary market, Section implement a homeownership program. HUD believes that PHA flexibility over A. Support for Proposed Rule HUD does not believe it is necessary certain features of the program will not to establish upper limits on the number preclude that result. For instance, a Comment: Support for proposed rule. of families a PHA may allow to regional lending institution could Several commenters expressed support participate in the homeownership establish its own requirements to for the proposed rule and the concept of option in order to protect the interests participate in the section 8(y) program. the Section 8 homeownership option. of extremely low-income families. Since PHAs could then choose to structure One commenter wrote: ‘‘In general, [our the same income targeting requirements their programs accordingly in order to PHA] commends the job that HUD has apply to the rental and homeownership comply with and complement the done in this component of the immense components of the Section 8 Housing lender’s requirements for participation. regulatory undertaking required by the Choice Voucher program, [Public Housing Reform Act].’’ Another implementation of the homeownership C. Comments Regarding Persons with commenter wrote that its board option should not have a significant Disabilities ‘‘unanimously endorsed the concept of effect on the availability of Section 8 Comment: Support for rule provisions the Section 8 homeownership program, voucher assistance to extremely low- regarding the elderly and persons with and applauds HUD for taking this income applicants. disabilities. A number of commenters initiative.’’ Still another commenter Comment: The lack of uniformity in commended HUD for the sensitivity wrote: ‘‘[We] applaud the proposed program rules for PHAs will discourage shown in the proposed rule to persons Section 8 Homeownership Program.’’ lender participation and impede family with disabilities’ real life situations, HUD Response. HUD is appreciative choice and economic mobility. Several especially in the areas of income and of the comments in support of HUD’s commenters wrote that the proposed employment. These commenters wrote efforts in developing the proposed rule. rule grants too much discretion to PHAs that the proposed rule demonstrated HUD believes that the Section 8 to establish certain critical elements of that HUD is attuned to disability issues homeownership option will provide the homeownership program. These and that a conscious effort was made to local PHAs with greater flexibility in areas include minimum income recognize those barriers faced in addressing the housing needs of their requirements, program eligibility accessible housing. communities while creating requirements, financing requirements, HUD response. HUD appreciates the homeownership opportunities for the and the duration of homeownership comments supporting the proposed rule low-income families the Section 8 assistance. The commenters wrote that, provisions concerning the elderly and tenant-based program is designed to as a result of the lack of uniform rules, persons with disabilities. serve. there will be considerable disparity Comment: The rule should require the from one jurisdiction to another unless PHA or a local supportive service B. General Concerns About the HUD imposes uniform rules. The provider to annually review difficulties Proposed Rule commenters wrote that such disparities faced by persons with disabilities in Comment: HUD should prohibit or would discourage lender participation maintaining their mortgage payments or limit the use of Section 8 rental and prevent regional efforts to expand homes. The commenter submitting this assistance funds for homeownership. homeownership opportunities. Without suggestion wrote that an annual review Several commenters were opposed to broad lender participation, families is necessary to ensure that: (1) the concept of Section 8 would be deprived of the protections homeowners with disabilities continue homeownership. These commenters offered by a competitive marketplace to be able to access the supportive wrote that limited Section 8 resources and would be vulnerable to fraudulent services they choose; and (2) supportive should be used solely to assist families real estate and financing practices. service agencies and the PHA are aware in renting decent, safe, and sanitary HUD response. The final rule of any problems the family may be units. One of the commenters wrote that continues to provide PHAs with broad having. many communities currently offer other administrative flexibility over the HUD Response: The final rule programs with Community homeownership option. Where HUD has provides that PHAs may offer post- Development Block Grant (CDBG), determined that uniformity is purchase counseling, and HUD HOME, or state or local funding to assist appropriate (such as in the areas of encourages the use of such counseling prospective first-time homebuyers. minimum income, employment, and to further lessen the risk of defaults. Several of the commenters suggested maximum term of assistance), this final However, it would be inappropriate to that HUD should establish reasonable rule establishes uniform Federal limit post-purchase counseling to upper limits on the number or standards. However, HUD continues to persons with disabilities, and HUD percentage of households that can use believe that administrative flexibility is believes it would be inappropriate to the homeownership option, in order to essential for the program to address presume that persons with disabilities protect the availability of rental local needs, adapt to local markets, and require additional scrutiny because they
VerDate 112000 10:27 Sep 11, 2000 Jkt 190000 PO 00000 Frm 00012 Fmt 4701 Sfmt 4700 E:\FR\FM\12SER2.SGM pfrm04 PsN: 12SER2 Federal Register / Vol. 65, No. 177 / Tuesday, September 12, 2000 / Rules and Regulations 55145 are more likely to default on their HUD response. The Section 8 agencies or private nonprofits to mortgages. Accordingly, HUD has not homeownership program is a ‘‘special administer a Section 8 homeownership adopted the suggestion made by the housing type’’ under subpart M of the program. Several commenters wrote that commenter. tenant-based Section 8 program this approach would expand Comment: The rule should define regulations. Except when specifically homeownership opportunities for what constitutes a ‘‘reasonable modified by subpart M, requirements in persons with disabilities, even in those accommodation’’ for a person with the other subparts of the tenant-based cases where a PHA chooses not to disabilities. Several commenters wrote regulations apply to the special housing provide the homeownership option or that the proposed rule would require a types (including the homeownership where there is no tenant-based program PHA to offer Section 8 homeownership program). Accordingly, as specified in at all (perhaps an area where there is assistance ‘‘if needed as a reasonable § 982.301, the PHA, in briefing a family little or no rental housing, but an accommodation for a family member that includes any person with abundance of low-cost single-family who is a person with disabilities’’ (64 disabilities, must take appropriate steps homes). FR 23488). These commenters suggested to ensure effective communication in HUD response. Section 8(o)(15) of the that the final rule should establish accordance with 24 CFR 8.6. 1937 Act specifically provides that a guidelines to determine when PHA providing tenant-based assistance homeownership assistance is a D. Comments Regarding the Role of ‘‘may at the option of the agency, ‘‘reasonable accommodation.’’ The Nonprofits provide assistance for homeownership’’ commenters wrote that, without such Comment: The final rule should and that a PHA ‘‘may contract with a guidance in the final rule, PHAs that encourage PHAs to contract with nonprofit organization to administer a choose not to provide a homeownership nonprofit organizations to administer homeownership program.’’ The decision option may fail to provide the required the homeownership assistance. A to offer homeownership assistance rests ‘‘reasonable accommodation’’ to persons number of commenters wrote that PHAs with the PHA and there is no additional with disabilities. have had little experience in operating or separate funding provided for Other commenters, however, wrote homeownership programs, whereas homeownership assistance. A PHA that that PHAs should not be required to nonprofits have a solid-track record in does not want to use existing staff to offer homeownership assistance as a this area. These commenters wrote that implement a homeownership program reasonable accommodation. The PHA partnerships with nonprofits may may consider subcontracting with a commenters wrote that this obligation prove particularly helpful in preventing nonprofit organization to administer the could be costly to a PHA that has not fraud and other abusive practices. In homeownership program on behalf of elected to offer the homeownership addition, the commenters wrote that the PHA, but is not required to do so. option and has not assembled the nonprofits’ knowledge of the market can counseling and other resources needed help ensure that families are exposed to E. Comments Regarding Income to operate it. housing choices in a range of Targeting HUD response. The provision of neighborhoods. The commenters wrote Comment: The final rule should homeownership assistance as a that there is much to be gained by clarify whether Section 8 reasonable accommodation is requiring, or at least strongly homeownership subsidies are subject to determined on a case-by-case basis by encouraging, PHAs to partner with the same income targeting requirements the PHA. The PHA will determine what nonprofits in the design and operation as the Section 8 rental assistance is reasonable based on the specific of Section 8 homeownership programs. program. A few commenters wrote that circumstances and individual needs of HUD response. While the final rule if the new income targeting the person with a disability. It is the does not require the PHA to partner requirements of the Public Housing sole responsibility of the PHA to with a nonprofit, the PHA may wish to Reform Act apply, the requirements will determine whether it is reasonable to consider subcontracting with nonprofits reduce the pool of families eligible for implement a homeownership program for administration of one or more of the Section 8 homeownership assistance. as a reasonable accommodation. For responsibilities under the HUD response. The Section 8 example, depending on the individual homeownership program, just as it may homeownership program is a ‘‘special circumstances, the PHA may determine contract out other PHA functions in housing type’’ under subpart M of the that it is a reasonable accommodation to administering the Section 8 Housing tenant-based Section 8 program provide homeownership assistance Choice Voucher program. Alternatively, regulations. Except when specifically when the PHA has implemented a the PHA may wish to consult with modified by subpart M, requirements in limited homeownership program and is nonprofit organizations with the other subparts of the tenant-based currently assisting the maximum homeownership experience in designing regulations apply to the special housing number of homeowners in the PHA the PHA’s homeownership program. types (including the homeownership program. On the other hand, the PHA HUD encourages PHAs lacking in program). The income targeting may determine that it is not reasonable homeownership program experience to requirements apply to the PHA’s entire to provide homeownership assistance as explore the possibility of working with tenant-based Section 8 program, a reasonable accommodation in cases experienced nonprofits through including the rental and any where the PHA has otherwise opted not partnerships or contractual homeownership portion of the program. to implement a homeownership arrangements to design and administer HUD anticipates that most program. a successful section 8(y) program. participants in the Section 8 Comment: All homeownership Regardless of the PHA approach to the homeownership program will be current briefing materials should be accessible delivery of PHA responsibilities, the program participants, not applicants. to persons with disabilities. Several PHA is always responsible for overall Since families continuing to receive commenters suggested that HUD should compliance with program requirements. assistance under the 1937 Act are not ensure that all homeownership Comment: Where there is no PHA considered as new admissions, their programs and briefing materials are willing to implement the income levels are not examined for accessible to person with all types of homeownership option in a particular compliance with income targeting disabilities. area, HUD should permit other public requirements.
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F. Comments Regarding the One of the commenters wrote that PHA may choose to make Relationship Between the lenders should not consider Section 8 homeownership assistance freely Homeownership Option and the Family assistance as a source of income because available for any qualified applicant or Self-Sufficiency (FSS) Program payments are not earned income or participant, or to restrict entitlement income, are not guaranteed homeownership assistance to families or Comment: Linking the FSS Program to for more than 12 months, and may purposes defined by the agency. (64 FR Homeownership Option. One decrease with an increase in total family 23488) commenter expressed the opinion that it income or violation of Section 8 One commenter wrote that the is very important to retain PHA program requirements. proposed regulatory text does not discretion regarding whether to link the Another commenter recommended contain comparable language. The Section 8 homeownership program to that the final rule prohibit commenter wrote that a PHA should FSS. Several commenters wrote that discrimination based on source of have the discretion to limit application families should not be required to income because lending institutions do of its Section 8 homeownership participate in the FSS program as a not view government benefits as a program, in whole or in part, to achieve condition of receiving homeownership reliable or stable source of income. local housing goals or priorities. assistance. Accordingly, these lenders will be Accordingly, the commenter suggested HUD response. There is no federal unlikely to approve home loan that the final rule contain regulatory text requirement that families must applications from Section 8 recipients. equivalent to the quoted preamble participate in the FSS program as a HUD response. Section 8(y) does not language. condition of receiving homeownership regulate the lending industry. HUD response. The final rule assistance. There is, however, PHA Consequently, the final rule does not explicitly provides at § 982.626(b) that administrative flexibility to link the FSS impose any requirement on lenders to the PHA may limit homeownership and homeownership programs. For treat the subsidy in a certain manner, assistance to families or purposes example, the PHA may adopt local nor does the rule prohibit defined by the PHA. Comment: HUD should explicitly homeownership eligibility requirements discrimination by lenders based on authorize and encourage PHAs to join such as participation in the FSS source of income. Lenders will apply together to administer the program. The PHA may opt to their underwriting criteria for financing homeownership option. Several incorporate the homeownership goal in of homes to be purchased under the commenters wrote that lenders are the family’s FSS contract of Section 8 homeownership program. much more likely to participate in a participation so any FSS escrow could HUD notes that, to the extent applicable, regional program than in a program be advanced for purchase of a home or lenders must comply with the Equal whose rules vary from PHA to PHA. The home maintenance/improvement Credit Opportunity Act (15 U.S.C. 1601 commenters wrote that a regional purposes. HUD believes that PHA et seq.) (referred to as ‘‘ECOA’’) and the program would facilitate mobility and discretion over this issue is appropriate implementing regulations issued by the Federal Reserve Board at 12 CFR part minimize portability concerns. and in keeping with the intention to HUD response. PHAs currently have ensure there is sufficient PHA flexibility 202. ECOA prohibits lending discrimination, including necessary flexibility to join in the to address the local community’s needs regional administration of the and objectives in the administrative discrimination based on receipt of public assistance. homeownership option. Explicit policies of the program. authorization is not necessary for PHAs G. Considering Section 8 Assistance as H. Comments Regarding Mortgage to jointly administer (or otherwise Income for Purposes of Financing Defaults cooperate in the administration) of the Purchase of Home Comment: HUD should require that Section 8 homeownership program. each PHA with a homeownership Comment: PHAs should be required to Comment: Section 8 assistance should program develop a strategy to reduce provide homeownership option. A few not be considered income for purposes foreclosure risk. Two commenters wrote commenters suggested that PHAs of financing the purchase of the home. that such a requirement would help should be required to offer Section 8 Several commenters wrote that the minimize foreclosures among homeownership assistance. The proposed rule did not adequately participating families. commenters wrote that HUD should consider the high cost of housing in HUD response. Although HUD has not exempt a PHA from offering certain metropolitan areas. The adopted the suggestion, the final rule homeownership assistance only if the commenters wrote that the preamble to does provide that a family must attend PHA can document that implementing the proposed rule states that ‘‘it is and satisfactorily complete pre- the homeownership option in its anticipated that mortgage lenders will assistance homeownership counseling jurisdiction would not be feasible. consider the Section 8 assistance as a before homeownership assistance may HUD response. The recommendation source of income when underwriting commence. In addition, HUD made by the commenters is inconsistent the loan’’ (64 FR 23488, 23489). Instead, encourages PHAs to provide post- with the 1937 Act. Section 8(o)(15) of the commenters suggested that the final purchase counseling and otherwise the 1937 Act specifically provides that rule should require that the voucher develop local strategies to reduce a PHA providing tenant-based Section 8 housing assistance payment be mortgage foreclosures by families assistance ‘‘may at the option of the deducted from the monthly housing participating in the homeownership agency, provide assistance for expense. The commenters wrote that, program. homeownership.’’ Accordingly, HUD due to the high cost of housing in has not adopted the suggestion made by certain metropolitan areas, the housing I. Other General Comments the commenters. assistance payment will not raise Comment: The final rule should Comment: HUD should isolate income sufficiently to permit the family explicitly permit PHAs to limit Section 8 homeownership loans from to qualify for a loan in an amount homeownership assistance to local other FHA loans. One commenter wrote necessary to purchase a good quality needs. The preamble to the April 30, that loans under the Section 8 home. 1999 proposed rule provided that: The homeownership program will likely
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Specifically, the mortgage, is the family, the PHA, or administrative functions, and unduly commenter wrote that lenders HUD is responsible for payment of the hinders the use of cooperative housing. participating in the Section 8 note? HUD response. Consistent with the homeownership program might unfairly HUD response. Neither the PHA nor recommendation, the regulatory lose their FHA approved lender status. HUD is guarantor of mortgage note for definition of ‘‘cooperative’’ in the final Therefore, the commenter suggested that a home being purchased under the rule is no longer limited to housing HUD’s tracking systems should isolate Section 8 program. The terms of the owned by a nonprofit entity. loan note will determine who is loans issued under the Section 8 B. Lease-purchase arrangements responsible for payment (usually the homeownership program from other (proposed §§ 982.305 and 982.317) FHA loans. family) of the loan. HUD response. Lenders will use Comment: HUD should develop a VI. Discussion of Comments Regarding model lease-purchase agreement to normal FHA underwriting criteria for a Specific Regulatory Section FHA-insured loans. As a result, HUD prevent fraud by seller. The commenter does not anticipate a higher than For the convenience of readers, the wrote that a standard lease-purchase average default rate and HUD does not discussion that follows is organized by agreement would prevent seller fraud. intend to track these loans separately. the regulatory section of the proposed HUD response. HUD does not intend rule it pertains to (e.g., § 982.625, to provide or require the use of a J. General Questions About the § 982.633, etc.). As noted, HUD has standard HUD-prescribed lease- Proposed Rule made several organizational changes at purchase agreement for the Housing Comment: Is a PHA an eligible seller the final rule stage. Accordingly, the Choice Voucher program. HUD believes under the homeownership program? proposed regulatory section headings do broad flexibility is needed in this area HUD response. There is no not always correspond to those of this to reflect the wide range of acceptable prohibition against a family purchasing final rule. real estate market practices that differ among localities. a PHA-owned home under the Section A. Definitions (proposed § 982.4) 8 homeownership program. However, Comment: Applicability of the PHA cannot steer families (or Comment: Definition of ‘‘Public homeownership requirements upon otherwise limit or restrict purchase Assistance’’ is too broad. Several entering lease-purchase agreement. Two options) to PHA-owned or controlled commenters wrote that the proposed commenters suggested that a lease- units. definition of ‘‘public assistance’’ is purchase family should be required to Comment: Is a manufactured home overly broad and subject to comply with all homeownership eligible for purchase under the misinterpretation. The commenters requirements before purchase of the homeownership program? suggested that the definition should be home. Another commenter wrote that HUD response. A manufactured home narrowed to specifically identify only PHAs should be provided with the and the real property upon which the those welfare programs that may not be option of requiring compliance with the manufactured home sits are eligible for counted in determining minimum homeownership requirements at the purchase under the homeownership income. Other commenters wrote that start of the lease-purchase arrangement. program. the definition should exclude food One commenter wrote that Section 8 Comment: At annual reexaminations stamps, unemployment insurance and families opting for homeownership of family income subsequent to home permanent disability payments. through a lease-purchase arrangement purchase, will the owned home be HUD response. The final rule should be required to satisfy at least half counted as an asset? One commenter addresses the concerns raised by the the continuous employment and half wrote that this could become a serious commenters regarding the clarity of the the required counseling requirements at problem if there is rapid appreciation of definition of ‘‘public assistance.’’ the time they enter the lease-purchase the value of the home. Specifically, HUD has removed the program. The commenter wrote that, HUD response. In response to this definition of the term ‘‘public since lease-purchase families typically comment, HUD has revised the assistance’’ and adopted, in its place, have credit-history problems to clear up definition of ‘‘net family assets’’ found the definition of the term ‘‘welfare over time, it would be onerous to in 24 CFR 5.603(d). The revised assistance’’ located in 24 CFR 5.603. impose all of the homeownership definition excludes the value of a home The definition of ‘‘welfare assistance’’ is requirements on the family at the time currently being purchased with Section well-established and understood by of their entrance into the program. 8 homeownership assistance. This PHAs. Further, the use of the term Other commenters wrote that a lease- exclusion is limited to the first 10 years ‘‘welfare assistance’’ in this final rule purchase family should be subject to the after the purchase date of the home. will help to ensure the consistent use of independent professional home Comment: Is the initial 40 percent defined terms throughout HUD’s inspection requirements of the maximum rent burden requirement regulations. homeownership program before under the Housing Choice Voucher Comment: The definition of entering into a lease-purchase program applicable to the ‘‘cooperative’’ should not be limited to arrangement. These commenters wrote homeownership option? The commenter ‘‘housing owned by a nonprofit that it would be devastating to a lease- wrote that this provision, if applied to corporation or association.’’ One purchase family to reach the purchase the homeownership program, would commenter wrote that many housing option stage only to discover that the severely limit housing choice. cooperatives are incorporated under purchase is jeopardized due to a HUD response. The 40 percent initial their home state’s business corporation property defect. rent burden cap does not apply to act. The commenter suggested that by Several commenters suggested that families who will participate in the dropping the word ‘‘nonprofit,’’ the the counseling requirement should be
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HUD has not adopted should continue to allow a family to rulemaking, which implements the this suggestion. HUD notes, however, enter into a lease-purchase arrangement ‘‘homeownership option’’ authorized by that PHAs may choose to impose this without being subject to the section 8(y) of the 1937 Act. HUD notes, condition as an additional requirement homeownership program requirements. however, that the final rule provides for eligibility. HUD response. HUD has not changed that the costs of purchasing a Comment: Possible exceptions to the the requirements specified in the cooperative unit may be included as a first-time homebuyer requirement. proposed rule for lease-purchase ‘‘homeownership expense’’ for purposes Several commenters made suggestions arrangements. The final rule does not of determining the amount of monthly on possible exceptions to the first-time require families with lease-purchase homeownership assistance payment (see homebuyer requirement. Other arrangements under the Section 8 § 982.635(c) of this final rule). commenters, however, wrote that HUD tenant-based rental program to comply should retain the first-time with any of the Section 8 D. Homeownership Option: General (proposed § 982.625) homeownership requirements as set homeownership program requirements. forth in the proposed rule, since the However, HUD believes it is in the best Comment: Newly constructed homes definition conforms to the industry interest of these families for the PHA to or units under construction should be standard. Among the suggested brief the family on the homeownership eligible for purchase under the exceptions, were exceptions for: requirements if they expect to receive homeownership option. Several • A divorced spouse who does not Section 8 homeownership assistance to commenters wrote that in some areas retain homeownership interest; complete the purchase transaction. The the only affordable housing is new • Persons with disabilities who lost a PHA may refer families participating in housing being constructed by previous home as a result of becoming lease-purchase arrangements to HUD nonprofits, and that new construction disabled; homeownership counseling agencies. provides greater assurances to low- • Any otherwise eligible person with There is generally little or no cost to the income families that major repairs will a disability; participant for this HUD funded not be necessary. The commenters wrote • Victims of domestic violence; counseling. that the prohibition against new • Current manufactured homeowners; construction would make it more • Owners of substandard housing; C. Cooperative Housing (proposed difficult for persons with disabilities to and § 982.619). find accessible homes. Other • Single parents. Comment: Final rule should clarify commenters wrote that new Another commenter suggested that that the occupancy agreement controls construction normally occurs in areas of the first-time homebuyer requirement not only the allocation of maintenance job growth. The prohibition would should only apply to the mortgagor, not responsibility between the cooperative therefore prevent families from moving to the entire family. The commenter member and the cooperative, but also to such an area in search of employment wrote that, otherwise, other family the rules to which the Section 8 assisted opportunities. members would be unfairly prevented members are subject. Several HUD response. In response to these from subsequently enjoying Section 8 commenters wrote that consideration comments, HUD has revised proposed homeownership benefits. and adoption of the rules governing co- § 982.625, which described the ‘‘existing Two commenters wrote that ownership is the focus of much home’’ requirement. Section homeownership assistance should not democratic process in virtually every 982.628(a)(2) of this final rule provides be restricted to first-time homebuyers. housing cooperative. The commenters that a home may be purchased under Several commenters wrote that PHAs wrote that few cooperatives would be the homeownership option if, at the should be provided with the option of willing to accept the existence of a time the PHA determines that the family establishing additional exceptions to the differently-privileged class of Section 8- is eligible for Section 8 homeownership first-time homebuyer requirement. assisted members in their midst. assistance, the home is either under HUD response. HUD has carefully HUD response. HUD disagrees that construction or already existing. considered all of the suggested the suggested clarification is necessary. However, before commencing exemptions to the first-time homebuyer The rule does not change the legal homeownership assistance for the requirement and is sympathetic to the relationship between the cooperative family, the PHA must determine that the circumstances of families in many of the and cooperative member. home satisfies all of the applicable suggested categories. However, HUD has Comment: Final rule should clarify requirements described in § 982.628 of decided not to attempt to specify, by that, where rental assistance is used in this final rule (for example, the home regulation, the many possible situations a cooperative setting, Section 8 must have been inspected by a PHA that may merit an exception to the first- assistance may be used for the inspector and by an independent time homebuyer requirement. acquisition costs of cooperative inspector designated by the family; and However, HUD has revised the memberships or shares. The commenter the home must meet the HUD Housing definition of ‘‘first-time homeowner’’ at wrote that this is especially critical in Quality Standards (HQS)). § 982.4 to clarify the eligibility of single limited-equity cooperatives, which is Comment: The homeownership option parents and displaced homemakers, as the type of cooperative in which most should be available only to current those terms are defined in section 956 Section 8 rental assistance is used. In recipients of Section 8 rental assistance of the Cranston-Gonzalez National limited-equity cooperatives, the share or who have successfully complied with all Affordable Housing Act (codified at 42 membership prices are strictly limited rental program requirements for at least U.S.C. 12713). Section 956 provides that to provide ongoing affordability of one year. One commenter suggested that no displaced homemaker or single
VerDate 112000 10:27 Sep 11, 2000 Jkt 190000 PO 00000 Frm 00016 Fmt 4701 Sfmt 4700 E:\FR\FM\12SER2.SGM pfrm04 PsN: 12SER2 Federal Register / Vol. 65, No. 177 / Tuesday, September 12, 2000 / Rules and Regulations 55149 parent ‘‘may be denied eligibility under that, in certain areas, much of the programs. In response to this comment, any Federal program to assist first time affordable housing stock consists of two- the final rule provides at § 982.631 that homebuyers’’ because of previous and three-family homes, and the rental the contract of sale must contain a seller ownership of a home by or with a income would help the family meet its certification that the seller is not spouse. Accordingly, this final rule share of the homeownership expenses. debarred, suspended, or subject to a provides that such individuals are HUD response. Homeownership limited denial of participation under 24 ‘‘first-time homeowners’’ for purposes of assistance is provided to assist a family CFR part 24. the homeownership option and are, with the monthly homeownership therefore, eligible to receive Section 8 expenses of its residence. F. How to Qualify for Homeownership homeownership assistance. Homeownership assistance may not be Assistance (Proposed § 982.627) In addition, HUD has further revised used to assist the family with the Comment: The relaxed regulatory this definition to clarify that any family monthly expenses for investment or requirements for the elderly and persons who has owned any residential property rental property. The family may not use with disabilities will limit during the preceding three years Section 8 homeownership assistance to homeownership assistance to these (regardless of whether it is the family’s purchase two- or three-family homes. individuals. One commenter wrote that principal dwelling unit or not) does not Accordingly, § 982.628 of this final rule lenders will be wary of the relaxed qualify as a first-time homeowner. clarifies that a home purchased with employment/income requirements Comment: The PHA should not be homeownership assistance must either established by the proposed rule for the able to ‘‘pass over’’ a family on its be a one unit property or a single elderly and persons with disabilities. waiting list in order to provide another dwelling unit in a cooperative or The commenter wrote that lenders, family homeownership assistance. One condominium. concerned for their risk in underwriting commenter suggested that such a Comment: PHAs should not be a loan without the usual level of work practice would be unfair to families on allowed to establish local eligibility history, will be less likely to approve the waiting list. Another commenter requirements for the homeownership home loans for elderly and disabled suggested that HUD should explicitly option that are more restrictive than families. forbid separate waiting lists for rental those for Section 8 rental assistance. HUD response. and homeownership assistance. Several commenters wrote that stricter HUD has not revised the rule in HUD response. HUD’s regulations at requirements have the potential to response to this comment. The relaxed 24 CFR part 982, subpart M, provide discriminate or discourage users with eligibility requirements for elderly and that a PHA may not set aside program disabilities from using the disabled families are used by the PHA funding for special housing types or for homeownership option. to determine if the family is eligible for a specific special housing type. The HUD response. HUD has not adopted homeownership assistance. The rule PHA may not require an applicant to this suggestion. Section 8(y) specifically does not impose relaxed or exception use the Housing Choice Voucher requires homeownership eligibility standards for any family with respect to program assistance for a particular criteria that are not applicable to the their ability to obtain financing from a special housing type. Consequently, a Section 8 rental assistance program. In lender. PHA may not maintain separate waiting addition, HUD believes it is appropriate Lenders will determine the lists for special housing types or provide for PHAs to have broad administrative creditworthiness of each borrower on a a selection preference based on a authority to target homeownership case-by-case basis using their own family’s willingness to use the housing assistance for specific purposes. Since requirements and standards. choice voucher for a particular special the PHA has the option whether or not housing type. to offer Section 8 homeownership G. Minimum Income Requirements Instead, if the PHA opts to offer assistance, HUD believes retaining PHA (proposed § 982.627(b)). Section 8 homeownership assistance, administrative flexibility over this area Comment: The minimum income the PHA may offer families (both is important to encourage wider requirements should be eliminated. current participants and applicants who implementation of the homeownership Several commenters wrote that, since have been issued housing choice option. lenders will evaluate a family’s vouchers) that meet the initial eligibility Comment: The prohibition against resources as part of their mortgage criteria (including any additional providing homeownership assistance if application review, HUD should rely on requirements established by the PHA) the seller is debarred, suspended, or them to screen out families who do not the opportunity to use their Section 8 subject to a limited denial of have sufficient resources to make assistance to purchase a home. If the participation imposes a hardship on the payments on a mortgage loan, rather PHA has established limits on the purchaser. The commenter wrote that than permitting PHAs to establish a number of vouchers that may be used after the purchase agreement is signed, minimum income threshold. for homeownership, the PHA simply the purchaser is contractually obligated HUD response. HUD has not adopted suspends offering Section 8 to buy the home according to the terms this suggestion. Section 8(y) explicitly homeownership assistance at such time the parties agreed to. Failure to establishes a minimum income that the number of families receiving complete the sale will result in loss of requirement for participation in the homeownership assistance, in downpayment and could result in the Section 8 homeownership program. combination with the number currently purchaser being sued for failure to Comment: HUD should establish in the pre-assistance phase of the perform. An alternative would be to uniform minimum income program, reaches the PHA limit. have the PHA conduct a review of the requirements. seller before execution of the purchase Several commenters wrote that a E. Initial requirements (Proposed agreement. national standard creates certainty, § 982.626) HUD response. PHAs are encouraged making it possible for national, regional, Comment: The rule should allow for to regularly review the list of or statewide entities (lenders, advocates, homeownership assistance to be used by individuals and entities that are intermediaries, nonprofits, etc.) to a family to purchase a two- and three- debarred, suspended or subject to a develop and administer activities in family home. The commenter wrote limited denial of participation in HUD support of the program.
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Other commenters wrote that the final income requirement fails to H. Family Employment (proposed rule should restrict the PHA from acknowledge the varied structure of § 982.627(c)) establishing minimum income some families, and has a disparate Comment: The employment requirements that will prevent persons impact on single-headed households, requirement should be eliminated. on fixed incomes from receiving domestic partners, and households that Several commenters recommended homeownership assistance, since have related but unmarried adult elimination of this requirement. The elderly and persons with disabilities are members. Several commenters wrote commenter wrote that HUD should rely often on low, fixed incomes. The that the minimum income requirements on lenders to determine what is an commenters recommended that any fail to account for the wide variety of acceptable employment history, rather minimum income requirements families receiving Section 8 assistance. than establishing minimum established by the PHA should not be so For example, it is possible for the head employment requirements or permitting high that they exclude these individuals of household to have no earned income PHAs to establish such requirements. from homeownership assistance. but have a domestic partner, adult child, Other commenters wrote that, since a HUD response. HUD agrees that the or other adult family member that regulation should establish a national minimum income requirement already works. exists, the employment requirement is standard for the minimum income HUD response. The purpose of the requirements. As suggested by several of redundant. The commenters suggested minimum income requirement is to that, in the place of an employment the commenters, HUD has decided to ensure that the family has adequate establish a national minimum income requirement, HUD require a family to resources to meet the additional costs show proof that it earned the minimum requirement that is equal to 2,000 hours associated with homeownership. The of annual full-time work under the income amount during the past year. proposed rule tied the minimum income HUD response. The employment Federal minimum wage. A PHA may not to the head of household and spouse in establish a minimum income requirement is statutory and the order to ensure that those family requirement is essential to the purpose requirement in addition to the members who actually owned the home minimum income standard established of rewarding work and assisting families met the income requirement, as opposed in making the transition to economic by this final rule. HUD believes that this to other family members that might standard is administratively straight- self-sufficiency. However, the final rule, shortly leave the household following in accordance with the law, provides forward, and addresses the statutory the purchase (thereby increasing the risk income requirement without arbitrarily exceptions from the employment of defaults). However, HUD agrees that requirement for disabled and elderly eliminating working families that are this type of restriction does not making no more than the minimum families. sufficiently take the variety of family Comment: PHAs need flexibility in wage. structures into account. Therefore, the Comment: PHAs should be permitted determining whether the family has final rule provides that the adult family to make reasonable exceptions to the fulfilled the ‘‘continuous’’ employment members who will own the home at minimum income requirement if they requirement. Several commenters wrote determine that the applicant household commencement of homeownership that the final rule should focus on has a high probability of being a assistance must have annual income whether prospective participants have successful owner. One commenter wrote (gross income) that is not less than the maintained a steady income, not on that the minimum income requirements minimum income requirement, as whether they have been continuously do not address one of the factors in opposed to only the head and spouse. employed. The commenters wrote that mortgagor credit review—a household’s Comment: Disabled and elderly in some parts of the country there are total monthly fixed payment obligation. families should be exempt from seasonal industries that result in annual The commenter wrote that a household minimum income requirements. One full-time income being acquired during below the minimum requirement may commenter wrote that although the rule only part of the year. Many persons, have an exemplary credit history and no permits public assistance payments to such as construction workers, nurses, additional debt obligations. According be considered in determining whether taxi drivers, waitresses and hair to the commenter, such a household an elderly or disabled family meets the dressers, may have multiple employers would be a better candidate for minimum income requirements, in the same year. The commenters homeownership than a household with disabled or elderly families would still recommended that the final rule grant income above the minimum. have difficulty in meeting the minimum PHAs flexibility in interpreting the HUD response. HUD has not adopted income threshold. The commenter ‘‘continuous’’ employment requirement. this suggestion. The minimum income suggested that elderly and disabled HUD response. HUD agrees that the requirement represents the bare families should be exempt from the employment requirement should allow minimum income threshold the family minimum income requirements, for small breaks in service to be taken must meet to be eligible for because the goal of rewarding work does into consideration. The final rule homeownership assistance, and does not apply to these households. provides that the PHA has discretion to not automatically indicate the family HUD response. Section 8(y) does not determine whether (and to what extent) would be a successful candidate for provide for an exemption from the an interruption is considered homeownership. Instead of making minimum income requirement for permissible. The final rule also clarifies exceptions to the minimum income elderly or disabled families, other than that the PHA may count successive requirement for families that otherwise the source of income used to determine employment during the year and appear to have a high probability of if the family meets the requirement. The consider self-employment in a business. being a successful homeowner, the PHA purpose of the minimum income Comment: Requiring the ‘‘head of could work with the family on requirement is to ensure that the family household or spouse’’ to meet increasing family income through the has sufficient income available to absorb employment requirement fails to FSS program or other self-sufficiency the additional expenses associated with acknowledge the varied structure of efforts. homeownership, not to ensure that the some families. Several commenters Comment: Requiring the ‘‘head of family meets the employment wrote that requiring the head of household or spouse’’ to meet minimum requirement. household or spouse to meet the
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One commenter suggested restrictive. Several commenters wrote Comment: A family should be allowed that the final rule should simply require that the requirement is unnecessarily more than two months to locate a home. that an adult member of the household restrictive. These commenters wrote Several commenters wrote that finding be gainfully employed. that this is a matter best left to the a home can be a lengthy process and HUD response. HUD agrees with the discretion of the loan underwriter, who requires more than two months. commenters and the final rule provides will consider the default in determining Although there was no consensus on the that any of the adult family members whether to approve the mortgage. amount of time that should be provided, Another commenter suggested that a who will own the home at all of the commenters advocated that the family who defaulted on a previous commencement of homeownership final rule establish a greater length of mortgage due to the death of a family time for finding a home. Suggestions assistance may fulfill the employment member, or other circumstances beyond requirement. included a minimum of four months, six the family’s control, should not be months, and a range of six to nine Comment: The required term of prohibited from receiving future months. A number of commenters wrote employment should be lengthened. One homeownership assistance. The that due to the difficulty of finding a commenter suggested that HUD should commenter suggested that the final rule home that is both affordable and impose a two year employment term. should permit the PHA to determine on accessible, the final rule should ensure The commenter recommended that the a case-by-case basis whether the default that persons with disabilities are final rule should require either: (1) two was beyond the family’s control. provided with ample time to find a years employment with the same HUD response. The prohibition on home to purchase. employer; or (2) two years employment participation by a family that previously HUD response. Neither the April 30, in the same line of work. The defaulted on a mortgage while receiving 1999 proposal nor this final rule place commenter wrote that this is the section 8(y) assistance is a statutory a two month limitation on the family’s minimum required by mortgage requirement. Accordingly, HUD has not search for a home. Section 982.303 underwriters. Other commenters adopted the changes suggested by the (term of voucher) is not applicable to suggested that the employment term commenters. the homeownership option (see should be at least three years. Another J. Additional PHA Requirements for § 982.641(b) of this final rule). HUD has commenter wrote that the head of Family Search and Purchase (proposed not adopted the suggestions to establish household or spouse should be required § 982.628) a minimum term for family search and to be employed for as long as the family purchase. HUD believes this decision is Comment: Delays in provision of properly left to the administrative is receiving homeownership assistance, assistance may limit effectiveness of discretion of the PHA, as the housing with limited periods of unemployment program. One commenter wrote that the market will vary from community to due to circumstances beyond the control longer, more unpredictable time frame community. However, in establishing of the family taken into consideration. between the time the PHA determines a such time limits, the PHA should ensure HUD response. The final rule does not family is eligible for homeownership that a family who has executed a sales extend the minimum employment term. assistance and the time that assistance contract is provided reasonable time to HUD believes one year of substantially actually commences would affect lease close on the purchase of the home. continuous employment is an up rates and PHA financial Comment: The final rule should acceptable minimum threshold and a management. The commenter wrote that explicitly provide that if a family is realistic gauge of the likelihood of this unpredictability may cause PHAs to unable to locate a home within the time continued employment in the future. At offer homeownership assistance only to limits, the PHA should be required to existing participants, rather than the request of several public issue a rental voucher or put the family allowing new clients to participate. commenters, this final rule establishes a at the top of the waiting list. One HUD response. HUD agrees with the uniform national employment commenter made this suggestion. comment that permitting applicants to HUD response. HUD has not adopted requirement. For purposes of participate in the homeownership this comment. HUD does not wish to uniformity, the final rule defines ‘‘full- option will present PHAs with several impose this type of requirement on time employment’’ to mean not less significant challenges (such as defining PHAs. than an average of 30 hours per week. a realistic search term for a first-time Comment: The PHA should provide a Further, the final rule adds a new homebuyer without creating adverse letter to the lender verifying the § 982.627(d)(4), which provides that a impact on utilization rates and applicant’s family income, payment PHA may not establish an employment administrative fees) that do not surface standard assistance, and any other requirement in addition to the if the PHA limits the option to current financial help that would be offered to employment standard established by the rental participants. For this reason, HUD the family. Two commenters wrote that final rule. However, the lender will anticipates that most participants in the this type of documentation would apply its own underwriting criteria, Section 8 homeownership program will enable the family to show prospective which may include an employment be families currently participating in the sellers, realtors, etc. that the family is in requirement that is more stringent than tenant-based rental program. The time fact empowered to make the acquisition the standard adopted by the final rule. required for a current participant to of a home. The commenters also wrote locate and purchase a home will have a that this would assist the lender to pre- minimal impact on the PHA’s lease-up qualify the family accurately.
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HUD Response. Although HUD is not Comment: Paragraph (b) of this that PHAs be granted the discretion to requiring PHAs to provide such a letter section would be more accurate if it establish criteria for one uniform to lenders in the final rule, PHAs may read ‘‘The PHA-required pre-assistance inspection. Another commenter opt to provide prospective lenders or counseling program. . . .’’ One recommended that the scope of the HQS realtors with information concerning the commenter wrote that the addition of inspection be expanded to include the family’s participation in the Section 8 the word ‘‘required’’ would clarify that desired features of an independent homeownership program, the applicable the PHA itself is not obligated to professional home inspection. payment standard, and how the provide the counseling. Other commenters supported the dual monthly subsidy will be calculated HUD response. HUD agrees with the inspection requirement contained in the under the housing choice voucher commenter, and has incorporated the proposed rule. These commenters wrote program. However, HUD would caution suggested revision in the final rule. that an independent home inspection the PHA not to provide income Comment: The final rule should allow was useful to identify potential information on an individual family to as much flexibility as possible to PHAs problems that were not immediate any third party. The family must in the development of counseling deficiencies, but that an HQS inspection disclose income to the lender through programs. One commenter wrote that is also important to identify basic health the mortgage application process, and several of the mandatory counseling and safety issues. One commenter wrote the verification of family income for requirements may be inappropriate for that the HQS inspection was also useful underwriting purposes is the certain types of PHA homeownership because it limited the possible financial responsibility of the lender, not the programs. The commenter urged that burden on the family by identifying PHA. the final rule provide greater flexibility significant HQS deficiencies and regarding the crafting of eliminating the need for the family to K. Homeownership Counseling homeownership counseling programs. pay for a subsequent independent (proposed § 982.629) HUD response. The final rule clarifies inspection. Comment: HUD should provide that the PHA-required counseling HUD response. After carefully funding for homeownership counseling program should ‘‘generally’’ cover the considering the comments, HUD has not services. Several commenters topics listed in § 982.630. The final rule changed the requirement that the unit recommended that HUD provide also provides that the PHA may adapt must pass an initial HQS inspection additional funding for homeownership the housing counseling topics to local conducted by the PHA and also be counseling. One commenter suggested circumstances and the needs of subject to an independent professional that HUD should make the additional individual families. Further, the final home inspection. Section 8(y) removes funds available through a demonstration rule provides that, if the PHA is not the requirement that the PHA conduct program or competition. Other using a HUD-approved housing annual HQS inspections, but does not commenters wrote that HUD should counseling agency to provide the eliminate the requirement that the unit provide the necessary funding by either counseling for families participating in initially meet HQS before assistance an increase in the ongoing the homeownership option, the PHA payments may commence. The statute administrative fee or by making should ensure that its counseling specifically requires that the contract of provisions for approving release of the program is consistent with the sale provide for a pre-purchase hard-to-house fee (currently available homeownership counseling provided inspection by an independent for assisting large families to lease a under HUD’s Housing Counseling professional, which is clearly separate unit). program. and distinct from the statutory HQS HUD Response. HUD has not adopted Comment: Counseling programs inspection. these recommendations. There are no should include information on fair The purposes of these inspections are additional appropriations made housing and fair housing lending also separate and distinct. The HQS available for this purpose. Furthermore, practices, as well as referrals to local inspection determines if the current PHAs can partner with HUD-funded fair housing enforcement agencies. One physical condition of the unit is decent, homeownership counseling agencies to commenter made this suggestion. safe, and sanitary, and is therefore provide the necessary counseling. Since HUD response. HUD agrees with the eligible to be assisted under the Section these agencies provide homeownership commenter, and the suggested revision 8 program. It is the sole responsibility counseling services at little or no has been incorporated in the final rule. of the PHA to determine whether a charge, the cost incurred by the PHA potential unit meets the HQS L. Home Inspections and Contract of would be nominal. A list of the HUD- requirements of the program. Sale (proposed § 982.630) approved homeownership counseling The HQS inspection is not designed agencies is available from the HUD Comment: Dual inspection to assess the life span of major Housing Counseling Clearinghouse requirements. A number of commenters components, building systems, website (http://www.hudhcc.org/ objected to the proposed dual HQS/ appliances and other structural agencies/agencies.html). independent home inspection components in order to identify Comment: Charges to the family for requirements. Several commenters potential problems for the future, such counseling should be nominal. One wrote that two inspections would be as the need to replace an aging heating commenter made this recommendation. duplicative and add unnecessary system or roof in the next several years. HUD response. Family completion of expense and time to the homebuying Clearly, such information is important the pre-assistance homeownership process. The commenters offered for a potential homebuyer to take into counseling program is mandatory in various alternatives to the dual consideration. The requirement for an order for homeownership assistance to inspection requirement. Several inspection arranged by the buyer and commence on behalf of the family. commenters suggested that only the satisfactory to the buyer is a typical Since the PHA cannot charge a family independent inspection be required; contingency clause in contracts of sale any type of fee to receive Section 8 others recommended that the initial and is consistent with private real estate assistance, the PHA may not charge a HQS inspection be retained and the practice. family a fee or otherwise pass on any of requirement for third-party inspection HUD does not believe it is advisable the cost of the counseling to the family. be removed. One commenter suggested to combine the distinct purposes of each
VerDate 112000 10:27 Sep 11, 2000 Jkt 190000 PO 00000 Frm 00020 Fmt 4701 Sfmt 4700 E:\FR\FM\12SER2.SGM pfrm04 PsN: 12SER2 Federal Register / Vol. 65, No. 177 / Tuesday, September 12, 2000 / Rules and Regulations 55153 inspection into a single inspection. wrote that, given the expense involved urged that the final rule establish an Combining the inspections in contracting with a home inspector, absolute prohibition against balloon compromises the independent standing PHAs should be provided the option of payments. of the professional inspector, who is paying for the independent home HUD response. After carefully selected by and paid by the potential inspection. considering the comments submitted on buyer, and the separate programmatic HUD response. The independent this issue, HUD has decided that it is role and responsibility of the PHA HQS home inspection is supposed to be appropriate to retain PHA inspector. HUD also agrees that the independent of, not only the seller, but administrative discretion to establish initial HQS inspection serves to ensure also the PHA. The HQS inspection, requirements regarding the terms of the the family does not enter into a contract conducted prior to the time the family financing. The PHA is in the best of sale or otherwise expend family enters into a contract of sale and position to determine what is workable resources for the independent contracts for the independent in its local community, and what level inspection for units that are ineligible inspection, and the pre-assistance of risk related to variable interest rate for Section 8 assistance. counseling program should reduce the mortgages and balloon payments is Comment: The final rule should likelihood of the family having to incur acceptable for the PHA’s provide PHAs the discretion to modify the cost of the inspection for numerous homeownership program. HUD believes the inspection requirements for new units. that the flexibility granted to PHAs by homes. Several commenters wrote that Comment: The independent inspector the final rule will help to ensure newly constructed homes often come should be allowed to be an employee or responsible financial oversight of the with builder/contractor warranties and contractor of the PHA. One commenter homeownership program and that that new homes have to pass a series of wrote that some PHAs contract with homeowners are provided with inspections by local authorities in order private nonprofit agencies that provide necessary protections. In addition, HUD to receive a final certificate of a variety of housing related services. believes that allowing the PHA to occupancy. The commenters According to the commenter, these prohibit questionable types of financing recommended that the final rule permit agencies have rehabilitation programs will increase the number of PHAs PHAs to establish more relaxed and inspectors that are completely willing to offer the homeownership inspection standards for newly separate from the Section 8 program. option. constructed homes. The commenter wrote that PHAs should While HUD believes that PHAs HUD response. HUD has not provided not lose these agencies as a resource for should have the discretion to determine PHAs with the discretion to relax or independent inspections. what financing requirements are modify the inspection requirements for HUD response. HUD has not adopted appropriate for their localities, HUD newly constructed homes. HUD does this recommendation. The pre-purchase also wishes to protect families not believe that the inspection inspection is supposed to be conducted participating in the Section 8 requirement will prove problematic for by a professional independent of the homeownership option from abusive new homes. The unit must initially PHA. The purpose of the requirement is lending practices. This final rule makes meet the HQS and there is no automatic to provide the potential buyer with an several changes that are designed to guarantee against poor construction or impartial third-party assessment of the ensure that families are protected from other types of problems, regardless of physical condition of the property’s abusive lending practices. For example, the date of completion of a particular systems and components. The final rule § 982.632 of this final rule clarifies that unit. explicitly provides that the independent a PHA may review lender qualifications Comment: HQS inspections should be inspector may not be a PHA employee and the loan terms before authorizing performed on a regular basis throughout or contractor, or other person under homeownership assistance. The PHA the term of assistance. One commenter control of the PHA. may disapprove proposed financing, wrote that HQS inspections should be refinancing or other debt if the PHA M. Financing Purchase of Home; required annually during the term of determines that the debt is unaffordable homeownership assistance. Another Affordability of Purchase (proposed or the lender or the loan terms do not commenter suggested that HQS § 982.631) meet PHA qualifications. HUD also inspections should be performed at least Comment: PHA administrative encourages PHAs to analyze each loan once every two years at minimum. One authority to establish financing (including refinancing or financing for commenter wrote that the PHA, or local requirements. Several commenters improvements or repairs) to identify and supportive service provider, should be wrote that the PHA is not acting as the eliminate abusive lending practices. given the option of performing annual lender, nor has an ownership interest in (See Section VII. of this preamble for HQS inspections. the property, and should not determine additional information regarding the HUD response. The statute explicitly acceptable types of financing or prevention of predatory lending provides that the annual HQS establish payment requirements. As an practices in the Section 8 inspection is not required for section alternative, one of the commenters homeownership option.) 8(y) units. While the final rule does not suggested that HUD should allow PHAs Comment: The final rule should require the PHA to conduct subsequent to define in their PHA Plans establish uniform qualification inspections of the unit, the final rule questionable financing situations (such requirements for lenders. One clarifies that the additional as balloon payment mortgages) that commenter wrote that examples of this requirements for continuation of would trigger a PHA review to type of lender or financial program homeownership assistance established determine the reasonableness of the qualifications might include identifying by the PHA may include additional unit financing arrangement. specific entities (such as conventional inspections while the family is receiving Several other commenters wrote that mortgage lenders) that regularly homeownership assistance (see variable interest rates have the potential participate in the secondary market or § 982.633(b)(8) of this final rule). to negatively impact a first-time that participate in governmental lending Comment: PHAs should be permitted homebuyer’s success if the mortgage or mortgage insurance programs; State to pay for the independent professional balloons while the family’s income Housing Finance Agency programs; home inspection. Several commenters remains stagnant. These commenters subsidy programs administered by
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The final rule Several commenters supported the provide certainty for institutions continues to allow the PHA to establish requirement that all loans under the seeking to develop programs designed to requirements concerning the Section 8 homeownership program meet dovetail with the homeownership qualification of lenders but does not FHA underwriting criteria. On the other option. The commenter recommended impose any for the program as a whole. hand, other commenters wrote that the that a standard similar to that used in Comment: Final rule should not use of FHA underwriting standards the HOME program or the USDA require or permit the PHA to establish would unduly restrict the availability of Section 502 Direct loan program be homebuyer downpayment requirements. properties available for purchase. These adopted. Several commenters opposed any commenters wrote that the use of FHA Another commenter wrote that the homebuyer downpayment requirements criteria would prevent families from PHA’s right to review and disapprove under the homeownership program. using other types of flexible mortgage financing should be limited to seller One commenter wrote that requiring financing designed to assist low-income financing. The commenter wrote that families to make downpayments from homebuyers. Some commenters also reputable mortgage lenders have no their own resources will effectively wrote that the added burden and incentive to underwrite loans that will prevent families residing in expensive restrictions of complying with FHA default. housing markets from ever participating requirements would deter lenders from HUD response. The final rule retains in the homeownership option. Another participating in the program. the broad PHA administrative discretion commenter wrote that foreclosures are HUD response. After considering the to disapprove proposed financing if the not caused by families choosing to walk comments on this issue, HUD has PHA determines that the debt for the away from a home because they have revised the rule by removing the purchase of the home is unaffordable. equity invested but because they lose requirement that purchases of homes HUD believes that local administrative their income. financed without FHA-insured mortgage flexibility is appropriate, and that the HUD response. The proposed rule did assistance must, nonetheless, comply decisions as to what level of debt is not propose to establish a minimum with the basic mortgage insurance credit unaffordable or what terms of financing downpayment requirement, but underwriting requirements for FHA- are appropriate are best left to the PHA. proposed to grant the PHA flexibility to insured single family mortgage loans. establish a requirement for a minimum HUD proposed this requirement to N. Continued Assistance Requirements; homeowner equity payment from the minimize the risk of default by Family Obligations (proposed § 982.632) family’s personal resources. The final imposing a minimum underwriting Comment: The family should obtain rule continues to provide this flexibility standard. However, HUD agrees that PHA approval prior to entering into to the PHA. A PHA may determine that imposing FHA requirements on non- refinancing agreements or securing a minimum contribution by the family FHA loans would unduly restrict the additional financing on the home for the downpayment is appropriate to availability of financing vehicles and (whether to finance repairs, consolidate demonstrate the family’s commitment options for Section 8 homeownership debts, or for any other reason) and the and readiness for the responsibilities of families. FHA underwriting family should secure counseling before homeownership. HUD notes that an requirements are in place for FHA such action. One commenter made this Individual Development Account (IDA) mortgages to protect the solvency of the suggestion. is considered to be a family asset under FHA fund but may not necessarily be an HUD response. HUD agrees that the HUD’s annual income regulations at appropriate standard for non-FHA PHA should have the option to require § 5.609 and would, therefore, be loans. In fact, mandating FHA prior PHA approval before the family considered a personal family resource underwriting standards would result in enters into a refinancing agreement or for purposes of meeting such a PHA eliminating desirable non-FHA secures additional financing on the downpayment requirement. financing options for families, such as home. Accordingly, § 982.632 of the Comment: Final rule should permit foundation funds or State programs for final rule incorporates the suggestion seller contributions to downpayment/ first-time homebuyers. made by the commenter. closing costs. According to one The final rule clarifies that if purchase Comment: HUD should develop commenter, this policy would increase of the home is financed with FHA- contracts for use in the Section 8 housing choice for participating insured mortgage financing, the homeownership program. One families. financing is subject to FHA insurance commenter wrote that a Statement of HUD response. This final rule does credit underwriting requirements. Homeowner Obligations is not a not prohibit seller contributions to the Otherwise, the underwriting standards contract and would probably be downpayment or closing costs. of the individual lender and/or insufficient if the PHA has to turn to the However, the final rule continues to financing program will apply in cases local courts. The commenter provide that the PHA may establish a where financing for purchase of the recommended that HUD develop two minimum equity requirement from the home is not FHA-insured. separate contracts for use by PHAs—one family’s personal resources, types of Comment: PHA authority to if the payments are made directly to the financing, and qualifications of lenders. disapprove proposed financing if the family and another for payments made The PHA’s administrative policy on PHA determines the debt for the directly to the lender. these subjects might impact on the purchase of the home is unaffordable. HUD response. The PHA is not extent to which seller contributions One commenter recommended that the contractually obligated to make would be permissible. In addition, final rule should require the PHA to payments to the lender. The HAP individual lenders may have take a family’s expenses into account in payments to the lender are made on underwriting criteria impacting seller determining whether to approve the behalf of the family, not the PHA. If the contributions to the downpayment or financing for a homeownership loan. HAP payment were to cease, the family
VerDate 112000 10:27 Sep 11, 2000 Jkt 190000 PO 00000 Frm 00022 Fmt 4701 Sfmt 4700 E:\FR\FM\12SER2.SGM pfrm04 PsN: 12SER2 Federal Register / Vol. 65, No. 177 / Tuesday, September 12, 2000 / Rules and Regulations 55155 would still be responsible for the full mortgage subsidy for ten or more years, full responsibility for monthly monthly mortgage payment due the HUD would be promoting ongoing homeownership expenses at the end of lender. Furthermore, mortgages are dependency on Section 8 assistance and such time. HUD also believes that the often sold and families may refinance. reducing the availability of limited maximum term established by this final Encumbering the mortgage or the lender Section 8 resources for other families. rule is sufficient to achieve broad lender with a mandated HUD contract may A couple of commenters wrote that participation. ultimately discourage lender the final rule should establish a uniform HUD understands the concerns raised participation in the program. maximum term instead of permitting a by some of the commenters regarding Comment: Homebuyers should be PHA to establish a maximum term Section 8 homeowners who, due to required to demonstrate that real shorter than ten years. The commenters circumstances beyond their control, are property taxes, assessments, water stated that without the availability of a unable to assume full responsibility for taxes, etc., are current on an annual uniform program time period, lenders the monthly homeownership expenses basis. One commenter made this and other agencies likely to provide at the end of the maximum term. HUD suggestion. subsidy assistance would find it encourages PHAs and families to HUD response. HUD has not added difficult to develop national or regional realistically assess the family’s evidence of payment of taxes as a programs to support the economic situation a year or so before specific requirement for continued homeownership option. However, other the conclusion of the maximum term of homeownership assistance in the final commenters recommended that PHAs the homeownership assistance. The rule. However, § 982.633(b)(8) of this should have absolute flexibility to family would then be in a position to final rule permits PHAs to establish determine the maximum term of decide whether it might be in the additional requirements for the assistance based on their local housing family’s best interest to sell the property continuation of homeownership needs. and revert to Section 8 rental assistance. assistance, which could include such a HUD response. After carefully The final rule retains the provision requirement. HUD believes that considering the comments on the that if the family receives imposing a requirement of this type is maximum term for a family to receive homeownership assistance for different best left to the discretion of the homeownership assistance, HUD has homes or from different PHAs, the total individual PHA. significantly revised the requirement in of assistance term is subject to the the final rule. regulatory maximum term (15 or 10 O. Maximum Term of Homeownership HUD agrees that there is a need to years, depending on the length of the Assistance (proposed § 982.633) establish a Federal standard regarding initial mortgage to purchase the first Comment: What is the appropriate the maximum time that a family may unit under the homeownership option). length of time to provide receive homeownership assistance to As in the proposed rule, the final rule homeownership assistance to the ensure that the program is equitable for provides that the maximum term limit family? Several commenters wrote in all families receiving homeownership does not apply to elderly or disabled support of the ten year limit. Other assistance. Further, a uniform Federal families. The final rule clarifies that, in commenters urged HUD to extend the standard will establish consistency the case of an elderly family, the 10 year limit. Many of these across jurisdictional lines, thus exception is only applied if the family commenters suggested that the facilitating wider lender participation. qualifies as an elderly family at the maximum term be extended to fifteen, The final rule removes PHA discretion commencement of homeownership twenty, or thirty years, to better reflect to establish a shorter minimum term assistance. For instance, if a family is a usual mortgage terms. The commenters than the Federal standard. non-elderly family when urging an extension of the maximum 10 HUD also believes that a time limit is homeownership assistance commences, year period stated that the shorter term appropriate for homeownership the family is still subject to the term would discourage lenders and the assistance. The purpose of the Section 8 limit on assistance even if the family secondary mortgage market from homeownership program goes beyond subsequently meets the definition of an participating in the program. Several of simply defraying the monthly elderly family during the term. In the these commenters wrote that in ten homeownership costs as opposed to case of a disabled family, the exception years it is unlikely that the unamortized rent. Rather, the objective is to move an applies if at any time during receipt of balance of a mortgage could be assisted renter into homeownership in homeownership assistance the family refinanced at a monthly payment order to foster responsibility and assist qualifies as a disabled family. affordable to an unassisted homeowner, the family in ultimately achieving If, during the course of therefore resulting in a large number of economic self-sufficiency. A related homeownership assistance, the family mortgage defaults. Accordingly, the statutory objective is to assist renters ceases to qualify as a disabled or elderly commenters stated that the maximum make the transition to economic self- family, the maximum term becomes term might limit homeownership sufficiency. This objective is made clear applicable from the date assistance to higher income families from the fact that section 8(y) targets homeownership assistance commenced. able to afford the increased mortgage homeownership assistance to first-time However, such a family must be payments following the termination of homebuyers. The statute does not provided at least 6 months of assistance. Further, low income families expand eligibility for scarce Section 8 homeownership assistance after the concerned about defaulting at the end of assistance to existing homeowners. maximum term becomes applicable the maximum term would be forced to The final rule provides for a (provided the family is otherwise purchase in depressed real estate mandatory term limit on eligible to receive homeownership markets, such as minority and/or homeownership assistance of 15 years if assistance in accordance with this part). poverty concentrated areas. the initial mortgage incurred to finance Comment: Does the maximum term On the other hand, a number of purchase of the home has a term that is requirement mean that no person in the commenters wrote that the ten year 20 years or longer. In all other cases, the family may have received more than ten maximum term should be reduced to maximum term of homeownership years assistance? One commenter asked three, five, or seven years. These assistance is 10 years. HUD believes that whether the daughter of a head of commenters stated that by providing a a family should be able to assume the household who has resided in a home
VerDate 112000 10:27 Sep 11, 2000 Jkt 190000 PO 00000 Frm 00023 Fmt 4701 Sfmt 4700 E:\FR\FM\12SER2.SGM pfrm04 PsN: 12SER2 55156 Federal Register / Vol. 65, No. 177 / Tuesday, September 12, 2000 / Rules and Regulations purchased under the homeownership applicable payment standard. The Comment: To prevent loss of home option for ten years would be prohibited payment standard for a family receiving due to unpaid taxes, the final rule from applying for assistance to purchase homeownership assistance is the greater should require that the mortgage her own home. The commenter of the payment standard at the payment include taxes. One commenter recommended that the final rule clarify commencement of homeownership made this suggestion. that the maximum term applies only to assistance for occupancy of the home HUD response. This is a matter that is those family members who obtained an and the payment standard at the most more appropriately left to negotiation ownership interest through the program. recent regular reexamination of family between the lender and the family, HUD response. The final rule clarifies income and composition since the subject to any local or state laws. that the time limit applies to any commencement of homeownership Comment: PHAs should be permitted member of the household who has an assistance for occupancy of the home. to set a separate payment standard for ownership interest in the unit during This policy minimizes the risk of the homeownership program. Several any time that homeownership payments default due to decreases in the payment commenters wrote that PHAs should are made, or is the spouse of any standard or changes in family have the latitude to set a separate member of the household who has an composition. payment standard for the ownership interest in the unit at the Comment: Should the family or the homeownership option. For example, a time homeownership payments are lender receive the HAP payments? payment standard of 95% of the Fair made. Several commenters suggested that HAP Market Rent (FMR) might work for the rental market, but for the for-sale market P. Amount and Distribution of Monthly payments should only be made directly to the lender and never to the family. a payment standard of 105% might be Homeownership Assistance Payment more appropriate. Another commenter (proposed § 982.634) One of the commenters wrote that this would increase the efficiency of wrote that, if the unit selected by the Comment: Families should be program administration. Other participating family is new, the PHA permitted to receive homeownership commenters were concerned that a should have the latitude to adjust the assistance for the initial 3 years of the family might inappropriately use the payment standard to account for the mortgage term, even if HAP assistance funds and potentially jeopardize the superiority of the housing unit. is reduced to zero as a result of the HUD response. HUD has not made the mortgage. One of the commenters also annual examination of the family’s recommended changes. The subsidy suggested that shelter costs (such as income. According to the commenter, level for a homeowner should not be debt service, property taxes, insurance this recommendation would provide a higher than for a renter under the and reserve for replacement) be built safety net for mortgage lenders and tenant-based program. Fewer families directly into the mortgage payment. would be consistent with current would be assisted if HUD provided a underwriting requirements, which Several other commenters wrote that higher subsidy to homeowners. Also, it require payments like child support to the payments should be made directly would not be equitable to provide larger be available for a minimum of 36 to the family and not the lender. The subsidies for families who are more months. commenters wrote that it would be an likely (on average) to have higher HUD response. The length of time a administrative nightmare for lenders to incomes than their counterparts family will remain eligible for a subsidy be required to accept separate payments receiving rental assistance. in the homeownership program is the from the homeowner (for the family’s Comment: What do ‘‘monthly same as in the rental program. During portion) and the PHA. The commenters homeownership expenses’’ include? this time, the family has a subsidy slot recommended that the assistance Two commenters requested clarification reserved, thereby denying use of the payment should be made by the PHA as regarding the items included in assistance by another deserving family. a direct automatic deposit into the ‘‘monthly homeownership expenses.’’ In light of the severe needs for housing family’s bank account with provisions HUD response. The final rule lists the assistance and the length of time for automatic withdrawal of the items that comprise the monthly applicants must already wait to receive mortgage amount by the lender. homeownership expenses at assistance, HUD has not revised the rule HUD comment. This final rule § 982.635(c). to increase the length of time the continues to provide that the PHA may Comment: Homeownership expenses subsidy slot is reserved for a family who make the homeownership assistance should not include maintenance has a relatively high income and no payment either directly to the family or expenses nor major repairs and longer qualifies for a subsidy. to a lender on behalf of the family. The replacements. One commenter wrote Comment: The final rule should PHA may determine it is necessary to that these are expenses that come with provide that a stable bedroom-size make housing assistance payments the risk of homeownership. The assistance level will be provided to the directly to the family in order to secure commenter wrote that families family throughout the life of the lender participation, thereby avoiding participating in the program should mortgage. Three commenters worried the possibility that both the PHA and have the means to maintain their home that as children leave home Section 8 the family will be sending checks to the and protect the investment without assistance levels would be reduced, lender for the mortgage payment. On the subsidy. therefore jeopardizing the ability of a other hand, some lenders may indicate HUD response. HUD has not adopted family to maintain its mortgage their participation is contingent on this comment. The costs of maintaining payments. The commenters wrote that receiving the payment directly from the and repairing a home are significant such fluctuating assistance levels would PHA. expenses associated with discourage lenders from participating in The final rule clarifies that if the PHA homeownership. HUD does not believe the program. decides to make the homeownership it is inappropriate to consider these HUD response. HUD does not need to assistance payment directly to the costs in determining the monthly revise the proposed rule to address this lender, and the assistance payment homeownership expense for a family. concern. The final rule retains the exceeds the amount due to the lender, Furthermore, in any case where the provision that protects the homeowner the PHA must pay the excess amount family’s monthly homeownership from decreases in the normally directly to the family. expenses exceed the applicable payment
VerDate 112000 10:27 Sep 11, 2000 Jkt 190000 PO 00000 Frm 00024 Fmt 4701 Sfmt 4700 E:\FR\FM\12SER2.SGM pfrm04 PsN: 12SER2 Federal Register / Vol. 65, No. 177 / Tuesday, September 12, 2000 / Rules and Regulations 55157 standard, the maximum subsidy that appropriate allowance amount provided retains the portability rights of the may be paid on behalf of a family is for maintenance expenses; major repairs Section 8 voucher, but may only capped by the applicable payment and replacements; and utilities (which continue to receive homeownership standard. Reimbursement for such is the same utility allowance amount assistance if the receiving PHA runs a expenses is therefore limited by the that applies to the voucher program as homeownership program and is voucher subsidy formula. a whole). HUD believes it is appropriate accepting additional homeownership Comment: In addition to the for the PHA to determine the allowance families. allowance for major home repair and amounts provided for the Comment: PHAs should be authorized replacements, there should also be homeownership expenses, since a to enter into homeownership consideration for the cost of realistic projection of these average transactions outside their normal modifications to make a home costs will vary from jurisdiction to service areas, provided no other PHA accessible to owners with disabilities. jurisdiction. runs a homeownership program in that Several commenters wrote in support of area. The commenter wrote that this this change to the proposed rule. Q. Portability (proposed § 982.635) policy would follow the principle of HUD response. The final rule clarifies Comment: Applicability of portability promoting maximum portability that where a member of the family is a to the homeownership program. Several wherever the PHA is willing to person with disabilities, mortgage debt commenters suggested that administer the program. incurred to finance costs for major homeownership assistance should be HUD response. HUD has not adopted repairs, replacements or improvements freely portable. The commenters wrote this comment. The PHA area of for the home may include debt incurred that restricting portability would operation is determined by state law, by the family to finance costs needed to prohibit a family living in a center city and the language of Section 8(y) does make the home accessible for the from pursuing job opportunities in not provide a statutory basis for disabled person, if the PHA determines suburban areas where the overriding state law with respect to PHA the allowance is needed as a reasonable homeownership option is not provided. administration of the homeownership accommodation. One commenter suggested that if a option. Comment: Other items should be person with a disability finds a home considered in determining the outside the jurisdiction of the initial R. Move With Continued Tenant-Based homeownership expenses. Several PHA, the initial PHA should be Assistance (proposed § 982.636) commenters suggested the consideration permitted to continue to administer the Comment: A family should not be of various items in the determination of program where the receiving PHA will permitted to use the homeownership homeownership expenses, including not provide homeownership assistance. option more than once. One commenter water and sewer fees; condominium The commenter wrote that the final rule questioned whether the policy fees; and homeowner association fees. could also require the receiving PHA to permitting a family to purchase multiple HUD response. Water and sewer fees provide homeownership assistance to units with voucher assistance was a were already covered in the proposed the person with the disability. prudent use of scarce housing subsidy rule under the PHA utility allowance for Several other commenters dollars. the home. The final rule has been recommended that portability of HUD response. Both the proposed and amended to provide that if the home is assistance under the Section 8 final rules permit the family to purchase a cooperative or condominium unit, homeownership program between PHA one or more subsequent homes with homeownership expenses may also jurisdictions should be prohibited. One continued Section 8 assistance, include cooperative or condominium commenter wrote that Section 8 provided that the head of household or operating charges or maintenance fees, homeownership funding is provided by spouse has not defaulted on a mortgage or charges assessed by the HUD to assist local needs and should securing debt incurred to purchase the condominium or cooperative not be transferable to another home (see §§ 982.627(e) and 982.637 of homeowner association. jurisdiction that has chosen not to this final rule). HUD believes it is Comment: HUD should develop a provide such assistance. appropriate to permit family mobility in uniform rule for allowances of HUD response. As noted above, HUD the homeownership program. Families homeownership expenses. The has clarified the portability procedures may need to move for a number of proposed rule would allow PHAs to of the proposed rule, which provide that compelling reasons such as safer adopt policies for determining the the family may qualify to move outside neighborhoods, better schools, because amount of homeownership expenses in the initial PHA jurisdiction with more or less space is needed, or to be determining the family’s Section 8 continued assistance under the voucher closer to a job. subsidy amount. Several commenters program. In general, the receiving PHA The final rule provides that the PHA stated that giving discretion to PHAs to is not required to permit families that may not commence homeownership exclude any of these amounts as move into the PHA’s jurisdiction to assistance for occupancy of the new unit expenses would create great inequities receive any special housing type so long as any family member owns any across jurisdiction lines. The (including homeownership assistance), title or other interest in the prior home. commenters suggested that HUD adopt regardless of whether the family was As noted earlier, the final rule provides a uniform rule regarding receiving such assistance at the initial that the family cannot be assisted if they homeownership expenses. One of the PHA. While the family participating in own another residential property. HUD commenters recommended that all of the Housing Choice Voucher program agrees that it is appropriate to limit the listed items be considered has the portability right to move homeownership assistance only to homeownership expenses. anywhere in the country where a PHA families that do not own other HUD response. The proposed rule and administering tenant-based assistance residential property. The purpose of the the final rule do not provide the PHA has jurisdiction, Section 8(y) also program is to help families meet their with the discretion to exclude any of the provides the PHA with the sole immediate housing needs and limited listed homeownership expenses or to discretion to determine whether to make assistance funds should not be provided add any additional items. The PHA is homeownership assistance available. A to families who currently own another responsible for determining the family under the homeownership option home, regardless of whether the family
VerDate 112000 10:27 Sep 11, 2000 Jkt 190000 PO 00000 Frm 00025 Fmt 4701 Sfmt 4700 E:\FR\FM\12SER2.SGM pfrm04 PsN: 12SER2 55158 Federal Register / Vol. 65, No. 177 / Tuesday, September 12, 2000 / Rules and Regulations chooses not to make that property their homeownership subsidy may be the family should not be penalized primary residence. subordinated to a refinanced mortgage. through placement at the end of the Comment: The final rule should The homeownership assistance waiting list. Another commenter, provide for the recapture of subject to recapture shall automatically however, recommended that a homeownership assistance upon the be reduced over a 10 year period, defaulting family should be placed at sale or transfer of the home. Several beginning one year from the purchase the bottom of the Section 8 waiting list. commenters made this suggestion. date, in annual increments of 10 Two commenters wrote that a family There was no consensus among these percent. For example, if the family sells that defaults should be required to re- commenters as to the extent of the the home during the first year after apply for Section 8 assistance (rather recapture. Two of the commenters purchase, the PHA will recapture 100% than being placed back on the waiting suggested that recaptures should only of the homeownership assistance list). One of the commenters believed apply to half of the homeownership provided to the family. If the family that it would be unfair to other families assistance payments made to or on sells one year (but less than two years) to place the defaulting family on the behalf of the family. One of these after purchase, the PHA will recapture waiting list (even at the bottom of the commenters also suggested that the PHA 90% of the homeownership assistance, list) since in many jurisdictions Section should use the recaptured proceeds to etc. At the end of the 10 year period, the 8 waiting lists are closed for an assist other Section 8 families. Another amount homeownership assistance extended periods. commenter wrote that any recapture subject to recapture will be zero. Several commenters recommended provision should be designed to limit Comment: HUD should clarify how to that the PHA should have the flexibility the amount of equity that a participant treat a rollover sale by which the family to develop its own guidelines regarding may realize through the sale of a home sells one unit to purchase another. The the provision of rental assistance after a under the Section 8 homeownership commenter questioned if the profit from default or to handle such matters on a program. the sale of the first property should be case-by-case basis. The commenters counted as income (for purposes of wrote that there may be circumstances HUD response. HUD agrees with the determining the total tenant payment) if beyond the recipient’s control (such as commenters that it is appropriate for the family purchased or rented another death, divorce, disability, or job lay-off) HUD to recapture homeownership unit with Section 8 assistance. that result in a default. The commenters assistance upon the sale or refinancing HUD response. In calculating the wrote that a recipient should not be of the home. Further, HUD agrees with family income, the treatment of income penalized in these instances. the commenters that the recaptured realized by the family as a result of the HUD response. The proposed and assistance should be used to assist sale of a home purchased with final rule both provide that the PHA additional housing choice voucher assistance under the homeownership may terminate the family’s participation assistance families. HUD recognizes that program is no different than treatment in the voucher program if the family the possibility of accumulating equity in of net income from real property under fails to comply with the terms of the the property and the realization of profit 24 CFR part 5. However, in accordance mortgage (for instance, if the family upon sale is an important facet of with § 982.640 of this final rule, the defaults). Like other grounds for denial homeownership. However, HUD PHA may recapture a percentage of the or termination of voucher assistance, the believes these benefits can be realized homeownership assistance provided to decision whether to deny the family’s even if a portion of the assistance family upon the sale or refinancing of continued participation in the voucher payments made on behalf of the family the home (see the discussion of the program or to permit the family to are retained by the PHA out of the net preceding comment). Any profit automatically be placed back on the sales proceeds of the property in order remaining from the sale or refinancing waiting list rests with the PHA. to further assist other needy families. after the recapture is ‘‘income’’, and The final rule also retains the The final rule establishes a new may reduce the amount of future statutory provision that if the family § 982.640 that provides for such subsidy for the family. defaults on an FHA-insured mortgage, recaptures. PHAs shall recapture a Comment: If a family participating in the PHA must terminate the Section 8 percentage of the homeownership the homeownership program decides to assistance and may not issue the family assistance defined in the regulations ‘‘switch back’’ to rental assistance, must a rental voucher unless the family: (1) upon the sale or refinancing of the the family first sell its home before Moves from the unit within the home. Sales proceeds that are used by receiving rental assistance? specified time period established or the family to purchase a new home with HUD response. Yes, the family must approved by HUD; and (2) conveys the Section 8 homeownership assistance are sell its home before the family can title to the home, as required by HUD, not subject to recapture. Further, a receive continued Section 8 rental or to HUD or HUD’s designee. Even if the family may refinance to take advantage homeownership assistance in another family complies with these of lower interest rates, or better unit. The final rule makes this requirements, the PHA may still deny mortgage terms, without any recapture clarification. the family continued participation in penalty. Only those proceeds realized Comment: What ramifications should the rental voucher program, since the upon refinancing that are retained by a family default have on continued family did not comply with the family the family (for example during a ‘‘cash- participation in the rental program? obligations under § 982.633. out’’ of the refinanced debt) are subject Several commenters suggested that a The final rule continues to leave the to the new recapture provision. family that defaults on its mortgage decision on the ramifications of the New § 982.640 requires that, upon should not be allowed to receive Section termination of homeownership purchase of the home, a family receiving 8 rental assistance. The commenters assistance because of a default with the homeownership assistance shall execute recommended that the family should be PHA. The PHA may allow the family to documentation as required by HUD, and placed on the waiting list. However, move and receive rental assistance consistent with State and local law, that there was no consensus among these (except in cases where the family secures the PHA’s right to recapture the commenters regarding where on the defaulted on an FHA-insured mortgage homeownership assistance. The lien waiting list the family should be placed. and has not complied with HUD securing the recapture of For example, one commenter wrote that requirements for conveyance and
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The commenter suggested that legislative, regulatory, and other steps to the family at the bottom of the list, at HUD should compensate PHAs on a curb predatory mortgage practices. the top of the list, or wherever the performance basis and provide some These recommendations, which are family would normally fall based on preliminary funding to set up the contained in a joint HUD-Treasury PHA preferences. The PHA may also program. Another commenter wrote that report, are based on information that prohibit the family from re-applying for HUD should provide a one time HUD and the Department of the assistance for a certain period of time. incentive of $5,000 for each homebuyer Treasury gathered as co-chairs of the HUD notes that the family may request family as an incentive for PHAs to National Predatory Lending Task Force, an informal hearing if a current participate. convened in April, 2000. Through participant that has defaulted on a HUD response. The final rule has not public forums with industry, mortgage for a Section 8 adopted these suggestions. Section 8(y) consumers, consumer advocates, and homeownership unit is denied a rental is intended to provide PHAs with added local and state governments in voucher. flexibility in serving the housing needs Washington, Atlanta, Los Angeles, New Comment: The incentives provided for of their local communities within the York, Baltimore, and Chicago, HUD and rapid possession and title conveyance existing framework and funding the Department of the Treasury for homes with FHA mortgage defaults constraints of the Section 8 Housing collected evidence on the nature and should be extended to all lenders Choice Voucher program. HUD does not growing incidence of predatory lending including secondary market agencies. have any additional or separate funding practices nationwide. Two commenters made this suggestion. to increase administrative fees for PHAs As noted above, this final rule makes HUD response. As noted above, the that choose to exercise the several changes that are designed to PHA must deny the family continued homeownership option. ensure that families are protected from assistance if the family defaults on an It is true that the PHA has some abusive lending practices. For example, FHA-insured mortgage and does not additional administrative duties for § 982.632 of this final rule clarifies that comply with HUD requirements. HUD homeownership families. However, a PHA may review lender qualifications has not extended the mandatory there is a corresponding reduction in and the loan terms before authorizing termination provision to a family who the administrative responsibilities that homeownership assistance. The PHA defaults on a non-FHA mortgage. the PHA must perform for a family may disapprove proposed financing, Section 8(y) provides for the receiving rental assistance over the refinancing or other debt if the PHA mandatory termination of a family that duration of the family’s participation in determines that the debt is unaffordable does not comply with HUD the program. For example, the PHA is or the lender or the loan terms do not requirements to convey title and vacate not required to determine rent meet PHA qualifications. the property because the Federal reasonableness or conduct annual HQS PHAs are also encouraged to analyze government has a vested interest in inspections under the homeownership each loan (including refinancing or protecting the FHA insurance fund. option. financing for improvements or repairs) HUD does not believe that it is Comment: HUD should consider before providing assistance to determine appropriate to extend this mandatory allowing the PHA to impose a one-time whether the lender and the loan meet its termination policy in the case of non- fee on families participating in the qualifications. While no one set of FHA mortgages. There may be program to offset additional PHA abusive practices or terms characterizes circumstances where the terms of the expenses, such as marketing, developing a predatory mortgage loan, PHAs should mortgage or the conditions for rapid program materials, and coordinating be particularly careful of loans with the possession and title conveyance to the activities with homebuyer counselors. following features: loans in which lender are not reasonable. The PHA One commenter made this suggestion. financing costs represent a high should have the discretion to decide HUD response. HUD has not adopted percentage of the total loan amount; how to address these situations. this suggestion. PHAs may not charge loans that include high credit insurance Comment: The final rule should families fees to participate in the premiums; balloon payments that the require lenders to provide a copy to the homeownership program or for the borrower will be unable to repay; PHA of any default notice at the same normal program responsibilities to be interest rates (including variable rates) time such notice is sent to the borrower. performed by the PHA. Although there significantly higher than conventional One commenter made this suggestion. are additional PHA upfront mortgages; pre-payment penalties, HUD response. HUD has not revised responsibilities associated with a family especially penalties that extend over the rule to incorporate this suggestion. purchasing a home, the time necessary long terms; high ratios of family debt to HUD believes the recommended change to perform the PHA’s ongoing income; loans based on unverified could negatively impact lender responsibilities will decrease since rent sources of income or without regard to participation and the sale of mortgages reasonableness and annual HQS the borrower’s ability to repay; on the secondary market. Section inspections are not required in the excessive fees or fees ‘‘packed’’ into the 982.633(b)(6) of the final rule retains the homeownership program. loan amount without the borrower’s requirement that the family must notify understanding; and ‘‘loan flipping’’ VII. Prevention of Predatory Lending the PHA if the family defaults on a accompanied by high fees (including Practices mortgage securing any debt incurred to prepayment penalties that strip the purchase the home. While HUD believes that PHAs borrower’s equity with each successive should have the discretion to determine refinancing). S. Administrative Fees (proposed what financing requirements are HUD will revise its regulations for the § 982.637) appropriate for their localities, HUD Section 8 homeownership option, as Comment: Additional HUD funding is also wishes to protect families appropriate, to implement legislative or needed for implementation of new participating in the Section 8 other changes made in response to the
VerDate 112000 10:27 Sep 11, 2000 Jkt 190000 PO 00000 Frm 00027 Fmt 4701 Sfmt 4700 E:\FR\FM\12SER2.SGM pfrm04 PsN: 12SER2 55160 Federal Register / Vol. 65, No. 177 / Tuesday, September 12, 2000 / Rules and Regulations joint HUD-Treasury report. A copy of Unfunded Mandates Reform Act will not affect a substantial number of the joint report may be obtained through Title II of the Unfunded Mandates small entities. HUD’s internet homepage at Reform Act of 1995 (2 U.S.C. 1531– Executive Order 13132, Federalism www.hud.gov. 1538) establishes requirements for Executive Order 13132 (entitled VIII. Performance-Based Standards for Federal agencies to assess the effects of ‘‘Federalism’’) prohibits an agency from the Section 8 Homeownership Option their regulatory actions on State, local, and tribal governments and the private publishing any rule that has federalism HUD intends to develop performance- sector. This final rule does not impose implications if the rule either imposes based standards for the Section 8 any Federal mandates on any State, substantial direct compliance costs on homeownership option. HUD would use local, or tribal governments or the State and local governments and is not these standards to monitor PHA private sector within the meaning of required by statute, or the rule preempts program performance in administering Unfunded Mandates Reform Act of State law, unless the agency meets the their Section 8 homeownership 1995. consultation and funding requirements programs, and to determine whether of section 6 of the Executive Order. This HUD intervention is appropriate due to Executive Order 12866 final rule is exclusively concerned with excessive mortgage default rates. The Office of Management and Budget the establishment of an alternative use of Section 8 rental voucher assistance. IX. Findings and Certifications (OMB) reviewed this final rule under Executive Order 12866, Regulatory Specifically, the rule authorizes a PHA Paperwork Reduction Act Planning and Review. OMB determined to provide tenant-based assistance for an that this final rule is a ‘‘significant eligible family that purchases a dwelling The homeownership option is a regulatory action,’’ as defined in section unit that will be occupied by the family. special housing type under 24 CFR part 3(f) of the Order (although not This final rule does not have federalism 982, subpart M, of the unified rule for economically significant, as provided in implications and does not impose the Section 8 tenant-based voucher section 3(f)(1) of the Order). Any substantial direct compliance costs on program. The information collection changes made to the final rule State and local governments or preempt requirements of the Section 8 rental subsequent to its submission to OMB State law within the meaning of the voucher program approved by the Office are identified in the docket file, which Executive Order. of Management and Budget (OMB) is available for public inspection in the under the Paperwork Reduction Act of Catalog of Domestic Assistance Number office of the Department’s Rules Docket 1995 (44 U.S.C. 3501–3520) are not Clerk, Room 10276, 451 Seventh Street, The Catalog of Domestic Assistance increased by the implementation of this SW, Washington, DC 20410–0500. number for the program affected by this new special housing type. While the final rule is 14.855. rule substitutes several variations to Impact on Small Entities List of Subjects existing requirements under the normal The Secretary, in accordance with the Section 8 tenant-based program, the Regulatory Flexibility Act (5 U.S.C. 24 CFR Part 5 homeownership option does not 605(b)) (the RFA), has reviewed and increase the total reporting and Administrative practice and approved this final rule and in so doing procedure, Aged, Claims, Drug abuse, recordkeeping burden resulting from the certifies that this rule will not have a collection of information for the Section Drug traffic control, Grant programs— significant economic impact on a housing and community development, 8 voucher program. The following substantial number of small entities. provisions of this final rule contain Grant programs—Indians, Individuals The reasons for HUD’s determination with disabilities, Loan programs— information collections: §§ 982.305, are as follows: 982.629, 982.631, 982.633, and 982.638. housing and community development, (1) A Substantial Number of Small Low and moderate income housing, The OMB approval number for the Entities Will Not Be Affected. The final Mortgage insurance, Pets, Public Section 8 tenant-based assistance rule is exclusively concerned with housing, Rent subsidies, Reporting and program is 2577–0169. An agency may public housing agencies that administer recordkeeping requirements. not conduct or sponsor, and a person is tenant-based housing assistance under not required to respond to, a collection section 8 of the United States Housing 24 CFR Part 903 of information unless the collection Act of 1937. Specifically, the final rule Administrative practice and displays a valid control number. will permit a PHA to provide Section 8 procedure, Public housing, Reporting Environmental Impact tenant-based assistance to an eligible and recordkeeping requirements. family that purchases a dwelling unit A Finding of No Significant Impact that will be occupied by the family. 24 CFR Part 982 (FONSI) with respect to the Under the definition of ‘‘Small Grant programs—housing and environment was made in accordance governmental jurisdiction’’ in section community development, Housing, Rent with HUD regulations in 24 CFR part 50 601(5) of the RFA, the provisions of the subsidies, Reporting and recordkeeping that implement section 102(2)(C) of the RFA are applicable only to those few requirements. National Environmental Policy Act of PHAs that are part of a political For the reasons described in the 1969 (42 U.S.C. 4223) at the proposed jurisdiction with a population of under preamble, HUD amends 24 CFR parts 5, rule stage. That FONSI remains 50,000 persons. The number of entities 903 and 982 as follows: applicable to this final rule and is potentially affected by this rule is available for public inspection between therefore not substantial. PART 5ÐGENERAL HUD PROGRAM 7:30 a.m. and 5:30 p.m. weekdays in the (2) No Significant Economic Impact. REQUIREMENTS; WAIVERS Office of the Rules Docket Clerk, Office The final rule will not change the of General Counsel, Room 10276, amount of funding available under the 1. The authority citation for part 5 Department of Housing and Urban Section 8 voucher program. continues to read as follows: Development, 451 Seventh Street, SW, Accordingly, the economic impact of Authority: 42 U.S.C. 3535(d), unless Washington, DC. this rule will not be significant, and it otherwise noted.
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2. In § 5.603(b), amend the definition c. In paragraph (b), remove the under § 982.625 to § 982.641. A special of ‘‘net family assets’’ by adding new definition of ‘‘Mutual housing’’; and housing type. paragraph (4) to read as follows: d. In paragraph (b), add the * * * * * definitions of ‘‘Cooperative member,’’ Interest in the home. In the § 5.603 Definitions. ‘‘Family,’’ ‘‘First-time homeowner,’’ homeownership option: * * * * * ‘‘Home,’’ ‘‘Homeowner,’’ (1) In the case of assistance for a (d) * * * ‘‘Homeownership assistance,’’ homeowner, ‘‘interest in the home’’ Net family assets. *** ‘‘Homeownership expenses,’’ includes title to the home, any lease or (4) For purposes of determining ‘‘Homeownership option,’’ ‘‘Interest in other right to occupy the home, or any annual income under § 5.609, the term the home,’’ ‘‘Membership shares,’’ other present interest in the home. ‘‘net family assets’’ does not include the ‘‘Present ownership interest,’’ and (2) In the case of assistance for a value of a home currently being ‘‘Statement of homeowner obligations’’ cooperative member, ‘‘interest in the purchased with assistance under part in alphabetical order. home’’ includes ownership of 982, subpart M of this title. This membership shares in the cooperative, § 982.4 Definitions. exclusion is limited to the first 10 years any lease or other right to occupy the after the purchase date of the home. * * * * * home, or any other present interest in (b) * * * the home. * * * * * Cooperative. Housing owned by a corporation or association, and where a * * * * * PART 903ÐPUBLIC HOUSING Membership shares. In the member of the corporation or AGENCY PLANS homeownership option: shares in a association has the right to reside in a cooperative. By owning such particular unit, and to participate in 3. The authority citation for 24 CFR cooperative shares, the share-owner has part 903 continues to read as follows: management of the housing. Cooperative member. A family of the right to reside in a particular unit in Authority: 42 U.S.C. 1437c; 42 U.S.C. which one or more members owns the cooperative, and the right to 3535(d). membership shares in a cooperative. participate in management of the housing. * * * * * 4. Revise § 903.11(c)(1) to read as Family. A person or group of persons, * * * * * follows: as determined by the PHA, approved to Present ownership interest. In the homeownership option: ‘‘Present § 903.11 Are certain PHAs eligible to reside in a unit with assistance under submit a streamlined Annual Plan? the program. See discussion of family ownership option’’ in a residence composition at § 982.201(c). includes title, in whole or in part, to a * * * * * residence, or ownership, in whole or in (c) * * * * * * * * First-time homeowner. In the part, of membership shares in a (1) For high performing PHAs, the cooperative. ‘‘Present ownership streamlined Annual Plan must include homeownership option: A family of which no member owned any present interest’’ in a residence does not include the information required by § 903.7(a), the right to purchase title to the (b), (c), (d), (g), (h), (k), (m), (n), (o), (p) ownership interest in a residence of any family member during the three years residence under a lease-purchase and (r). The information required by agreement. § 903.7(m) must be included only to the before commencement of * * * * * extent this information is required for homeownership assistance for the Special housing types. See subpart M the PHA’s participation in the public family. The term ‘‘first-time of this part 982. Subpart M of this part housing drug elimination program and homeowner’’ includes a single parent or states the special regulatory the PHA anticipates participating in this displaced homemaker (as those terms requirements for: SRO housing, program in the upcoming year. The are defined in 12 U.S.C. 12713) who, congregate housing, group home, shared information required by § 903.7(k) must while married, owned a home with his housing, manufactured home (including be included only to the extent that the or her spouse, or resided in a home manufactured home space rental), PHA participates in homeownership owned by his or her spouse. cooperative housing (rental assistance programs under section 8(y). * * * * * for cooperative member) and * * * * * Home. In the homeownership option: A dwelling unit for which the PHA pays homeownership option (homeownership assistance for PART 982ÐSECTION 8 TENANT- homeownership assistance. cooperative member or first-time BASED ASSISTANCE: HOUSING Homeowner. In the homeownership homeowner). CHOICE VOUCHER PROGRAM option: A family of which one or more members owns title to the home. Statement of homeowner obligations. 5. The authority citation for 24 CFR Homeownership assistance. In the In the homeownership option: The part 982 continues to read as follows: homeownership option: Monthly family’s agreement to comply with program obligations. Authority: 42 U.S.C. 1437f and 3535(d). homeownership assistance payments by the PHA. Homeownership assistance * * * * * Subpart AÐGeneral Information payment may be paid to the family, or to a mortgage lender on behalf of the Subpart GÐLeasing a Unit 6. Amend § 982.4 as follows: family. 7. Add § 982.305(b)(3) to read as a. In paragraph (a)(3), in the first Homeownership expenses. In the follows: sentence revise the phrase ‘‘and utility homeownership option: A family’s reimbursement’’ to read ‘‘utility allowable monthly expenses for the § 982.305 PHA approval of assisted reimbursement’’ and ‘‘welfare home, as determined by the PHA in tenancy. assistance’’; accordance with HUD requirements (see * * * * * b. In paragraph (b), revise the § 982.635). (b) * * * definitions of ‘‘Cooperative,’’ and Homeownership option. Assistance (4) In the case of a unit subject to a ‘‘Special housing types’’; for a homeowner or cooperative member lease-purchase agreement, the PHA
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(1) The PHA may permit assistance is not a special housing type, a family to use any of the following § 982.317 Lease-purchase agreements. and is subject to requirements in other special housing types in accordance (a) A family leasing a unit with subparts of this part 982). with requirements of the program: assistance under the program may enter * * * * * into an agreement with an owner to single room occupancy (SRO) housing, purchase the unit. So long as the family congregate housing, group home, shared (d) Maintenance. (1) During the term is receiving such rental assistance, all housing, manufactured home when the of the HAP contract between the PHA requirements applicable to families family owns the home and leases the and the cooperative, the dwelling unit otherwise leasing units under the manufactured home space, cooperative and premises must be maintained in tenant-based program apply. Any housing or homeownership option. accordance with the HQS. If the (2) In general, the PHA is not required homeownership premium (e.g., dwelling unit and premises are not to permit families (including families increment of value attributable to the maintained in accordance with the that move into the PHA program under value of the lease-purchase right or HQS, the PHA may exercise all available portability procedures) to use any of agreement such as an extra monthly remedies, regardless of whether the these special housing types, and may payment to accumulate a downpayment family or the cooperative is responsible limit the number of families using or reduce the purchase price) included for such breach of the HQS. PHA special housing types. in the rent to the owner that would remedies for breach of the HQS include result in a higher subsidy amount than * * * * * recovery of overpayments, abatement or would otherwise be paid by the PHA (c) Program funding for special other reduction of housing assistance must be absorbed by the family. housing types. (1) HUD does not provide payments, termination of housing (b) In determining whether the rent to any additional or designated funding for assistance payments and termination of owner for a unit subject to a lease- special housing types, or for a specific the HAP contract. purchase agreement is a reasonable special housing type (e.g, the (2) The PHA may not make any amount in accordance with § 982.503, homeownership option). Assistance for housing assistance payments if the any homeownership premium paid by special housing types is paid from contract unit does not meet the HQS, the family to the owner must be program funding available for the PHA’s unless any defect is corrected within the excluded when the PHA determines tenant-based program under the period specified by the PHA and the rent reasonableness. consolidated annual contributions PHA verifies the correction. If a defect contract. is life-threatening, the defect must be Subpart HÐWhere Family Can Live (2) The PHA may not set aside corrected within no more than 24 hours. and Move program funding or program slots for For other defects, the defect must be special housing types or for a specific corrected within the period specified by 9. Revise § 982.352(a)(6) to read as special housing type. the PHA. follows: * * * * * (3) The family is responsible for a § 982.352 Eligible housing. (e) Applicability of requirements. (1) breach of the HQS that is caused by any Except as modified by this subpart, the of the following: (a) * * * requirements of other subparts of this (6) A unit occupied by its owner or by part apply to the special housing types. (i) The family fails to perform any a person with any interest in the unit. (2) Provisions in this subpart only maintenance for which the family is * * * * * apply to a specific special housing type. responsible in accordance with the The housing type is noted in the title of terms of the cooperative occupancy Subpart MÐSpecial Housing Types each section. agreement between the cooperative member and the cooperative; 10. Amend § 982.601 as follows: (3) Housing must meet the a. Revise paragraphs (a), (b)(1), and requirements of this subpart for a single (ii) The family fails to pay for any (b)(2); special housing type specified by the utilities that the cooperative is not b. Remove paragraph (d); family. Such housing is not subject to required to pay for, but which are to be c. Redesignate paragraph (c) as requirements for other special housing paid by the cooperative member; paragraph (d); types. A single unit cannot be (iii) The family fails to provide and d. Remove the first sentence of newly designated as more than one special maintain any appliances that the designated paragraph (d); and housing type. cooperative is not required to provide, e. Add new paragraphs (c) and (e) as 11. Amend § 982.619 as follows: but which are to be provided by the set forth below. a. Revise paragraph (a); cooperative member; or b. Redesignate paragraph (d) as § 982.601 Overview. (iv) Any member of the household or paragraph (e); and guest damages the dwelling unit or (a) Special housing types. This c. Add new paragraph (d). subpart describes program requirements premises (damages beyond ordinary for special housing types. The following § 982.619 Cooperative housing. wear and tear). are the special housing types: (a) Assistance in cooperative housing. (4) If the family has caused a breach (1) Single room occupancy (SRO) This section applies to rental assistance of the HQS for which the family is housing; for a cooperative member residing in responsible, the PHA must take prompt (2) Congregate housing; cooperative housing. However, this and vigorous action to enforce such (3) Group home; section does not apply to: family obligations. The PHA may
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Add §§ 982.625 through 982.641 that at least one percent of the purchase the Section 8 Housing Choice Voucher under a new undesignated heading price come from the family’s personal program, in accordance with subpart E ‘‘Homeownership Option’’ to read as resources; of this part. (2) The PHA requires that financing follows: (2) The family satisfies any first-time for purchase of a home under its Section homeowner requirements (described in Homeownership Option 8 homeownership program: paragraph (b) of this section). Sec. (i) Be provided, insured, or (3) The family satisfies the minimum 982.625 Homeownership option: General. guaranteed by the state or Federal income requirement (described in 982.626 Homeownership option: Initial government; paragraph (c) of this section). requirements. (ii) Comply with secondary mortgage (4) The family satisfies the 982.627 Homeownership option: Eligibility market underwriting requirements; or employment requirements (described in requirements for families. (iii) Comply with generally accepted 982.628 Homeownership option: Eligible paragraph (d) of this section). private sector underwriting standards; (5) The family has not defaulted on a units. or 982.629 Homeownership option: mortgage securing debt to purchase a Additional PHA requirements for family (3) The PHA otherwise demonstrates home under the homeownership option search and purchase. in its Annual Plan that it has the (see paragraph (e) of this section). 982.630 Homeownership option: capacity, or will acquire the capacity, to (6) Except for cooperative members Homeownership counseling. successfully operate a Section 8 who have acquired cooperative 982.631 Homeownership option: Home homeownership program. membership shares prior to inspections and contract of sale. § 982.626 Homeownership option: Initial commencement of homeownership 982.632 Homeownership option: Financing assistance, no family member has a purchase of home; affordability of requirements. purchase. (a) List of initial requirements. Before present ownership interest in a 982.633 Homeownership option: Continued commencing homeownership assistance residence at the commencement of assistance requirements; Family for a family, the PHA must determine homeownership assistance for the obligations. that all of the following initial purchase of any home. 982.634 Homeownership option: Maximum requirements have been satisfied: (7) Except for cooperative members term of homeownership assistance. who have acquired cooperative 982.635 Homeownership option: Amount (1) The family is qualified to receive homeownership assistance (see membership shares prior to the and distribution of monthly commencement of homeownership homeownership assistance payment. § 982.627); 982.636 Homeownership option: (2) The unit is eligible (see § 982.628); assistance, the family has entered a Portability. and contract of sale in accordance with 982.637 Homeownership option: Move with (3) The family has satisfactorily § 982.631(c). continued tenant-based assistance. completed the PHA program of required (8) The family also satisfies any other 982.638 Homeownership option: Denial or pre-assistance homeownership initial requirements established by the termination of assistance for family. counseling (see § 982.630). PHA (see § 982.626(b)). Any such 982.639 Homeownership option: (b) Additional PHA requirements. additional requirements must be Administrative fees. Unless otherwise provided in this part, described in the PHA administrative 982.640 Homeownership option: Recapture the PHA may limit homeownership plan. of homeownership assistance. (b) First-time homeowner 982.641 Homeownership option: assistance to families or purposes Applicability of other requirements. defined by the PHA, and may prescribe requirements. At commencement of additional requirements for homeownership assistance for the § 982.625 Homeownership option: commencement of homeownership family, the family must be any of the General. assistance for a family. Any such limits following: (a) The homeownership option is or additional requirements must be (1) A first-time homeowner (defined used to assist a family residing in a described in the PHA administrative at § 982.4); home purchased and owned by one or plan. (2) A cooperative member (defined at more members of the family. (c) Environmental requirements. The § 982.4); or (b) A family assisted under the PHA is responsible for complying with (3) A family of which a family homeownership option may be a newly the authorities listed in § 58.6 of this member is a person with disabilities, admitted or existing participant in the title requiring the purchaser to obtain and use of the homeownership option is program. and maintain flood insurance for units needed as a reasonable accommodation (c) The PHA must approve a live-in in special flood hazard areas, so that the program is readily accessible aide if needed as a reasonable prohibiting assistance for acquiring to and usable by such person, in accommodation so that the program is units in the coastal barriers resource accordance with part 8 of this title. readily accessible to and useable by system, and requiring notification to the (c) Minimum income requirements. persons with disabilities in accordance purchaser of units in airport runway (1) At commencement of with part 8 of this title. (See § 982.316 clear zones and airfield clear zones. homeownership assistance for the concerning occupancy by a live-in aide.) family, the family must demonstrate (d) The PHA must have the capacity § 982.627 Homeownership option: that the annual income (gross income), to operate a successful Section 8 Eligibility requirements for families. as determined by the PHA in homeownership program. The PHA has (a) Determination whether family is accordance with § 5.609 of this title, of the required capacity if it satisfies either qualified. The PHA may not provide the adult family members who will own
VerDate 112000 16:54 Sep 11, 2000 Jkt 190000 PO 00000 Frm 00031 Fmt 4701 Sfmt 4700 E:\FR\FM\12SER2.SGM pfrm01 PsN: 12SER2 55164 Federal Register / Vol. 65, No. 177 / Tuesday, September 12, 2000 / Rules and Regulations the home at commencement of as a reasonable accommodation so that the family must attend and satisfactorily homeownership assistance is not less the program is readily accessible to and complete the pre-assistance than the Federal minimum hourly wage usable by persons with disabilities in homeownership and housing counseling multiplied by 2,000 hours. accordance with part 8 of this title. program required by the PHA (pre- (2)(i) Except in the case of an elderly (4) A PHA may not establish an assistance counseling). family or a disabled family (see the employment requirement in addition to (b) Suggested topics for the PHA- definitions of these terms at § 5.403(b) of the employment standard established by required pre-assistance counseling this title), the PHA shall not count any this paragraph. program include: welfare assistance received by the (e) Prohibition against mortgage (1) Home maintenance (including care family in determining annual income defaults. The PHA shall not commence of the grounds); under this section. homeownership assistance for a family (2) Budgeting and money (ii) The disregard of welfare assistance if any family member has previously management; income under paragraph (c)(2)(i) of this received assistance under the (3) Credit counseling; section only affects the determination of homeownership option, and has (4) How to negotiate the purchase minimum annual income used to defaulted on a mortgage securing debt price of a home; determine if a family initially qualifies incurred to purchase the home. (5) How to obtain homeownership for commencement of homeownership financing and loan preapprovals, assistance in accordance with this § 982.628 Homeownership option: Eligible including a description of types of units. section, but does not affect: financing that may be available, and the (A) The determination of income- (a) Initial requirements applicable to pros and cons of different types of eligibility for admission to the voucher the unit. The PHA must determine that financing; program; the unit satisfies all of the following (6) How to find a home, including (B) Calculation of the amount of the requirements: information about homeownership family’s total tenant payment (gross (1) The unit is eligible. (See § 982.352. opportunities, schools, and family contribution); or Paragraphs (a)(6), (a)(7) and (b) of transportation in the PHA jurisdiction; (C) Calculation of the amount of § 982.352 do not apply.) (7) Advantages of purchasing a home homeownership assistance payments on (2) The unit was either under in an area that does not have a high behalf of the family. construction or already existing at the concentration of low-income families (iii) In the case of an elderly family or time the PHA determined that the and how to locate homes in such areas; a disabled family, the PHA shall count family was eligible for homeownership (8) Information on fair housing, welfare assistance in determining assistance to purchase the unit. including fair housing lending and local annual income. (3) The unit is either a one unit fair housing enforcement agencies; and (3) A PHA may not establish a property or a single dwelling unit in a (9) Information about the Real Estate minimum income requirement in cooperative or condominium. Settlement Procedures Act (12 U.S.C. addition to the minimum income (4) The unit has been inspected by a 2601 et seq.) (RESPA), state and Federal standard established by this paragraph. PHA inspector and by an independent truth-in-lending laws, and how to (d) Employment requirements. (1) inspector designated by the family (see identify and avoid loans with Except as provided in paragraph (d)(2) § 982.631). oppressive terms and conditions. of this section, the family must (5) The unit satisfies the HQS (see (c) The PHA may adapt the subjects demonstrate that one or more adult § 982.401 and § 982.631). covered in pre-assistance counseling (as (b) PHA disapproval of seller. The members of the family who will own the listed in paragraph (b) of this section) to PHA may not commence home at commencement of local circumstances and the needs of homeownership assistance for homeownership assistance: individual families. (i) Is currently employed on a full- occupancy of a home if the PHA has (d) The PHA may also offer additional time basis (the term ‘‘full-time been informed (by HUD or otherwise) counseling after commencement of employment’’ means not less than an that the seller of the home is debarred, homeownership assistance (ongoing average of 30 hours per week); and suspended, or subject to a limited denial counseling). If the PHA offers a program (ii) Has been continuously so of participation under part 24 of this of ongoing counseling for participants in employed during the year before title. the homeownership option, the PHA commencement of homeownership § 982.629 Homeownership option: shall have discretion to determine assistance for the family. Additional PHA requirements for family whether the family is required to (2) The PHA shall have discretion to search and purchase. participate in the ongoing counseling. determine whether and to what extent (a) The PHA may establish the (e) If the PHA is not using a HUD- interruptions are considered to break maximum time for a family to locate a approved housing counseling agency to continuity of employment during the home, and to purchase the home. provide the counseling for families year. The PHA may count successive (b) The PHA may require periodic participating in the homeownership employment during the year. The PHA family reports on the family’s progress option, the PHA should ensure that its may count self-employment in a in finding and purchasing a home. counseling program is consistent with business. (c) If the family is unable to purchase the homeownership counseling (3) The employment requirement does a home within the maximum time provided under HUD’s Housing not apply to an elderly family or a established by the PHA, the PHA may Counseling program. disabled family (see the definitions of issue the family a voucher to lease a these terms at § 5.403(b) of this title). unit or place the family’s name on the § 982.631 Homeownership option: Home inspections and contract of sale. Furthermore, if a family, other than an waiting list for a voucher. elderly family or a disabled family, (a) HQS inspection by PHA. The PHA includes a person with disabilities, the § 982.630 Homeownership option: may not commence homeownership PHA shall grant an exemption from the Homeownership counseling. assistance for a family until the PHA has employment requirement if the PHA (a) Before commencement of inspected the unit and has determined determines that an exemption is needed homeownership assistance for a family, that the unit passes HQS.
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(b) Independent inspection. (1) The a home to be assisted under the assistance, use and occupancy of the unit must also be inspected by an homeownership option. Such PHA home is subject to § 982.551(h) and (i). independent professional inspector requirements may include requirements (ii) The family may grant a mortgage selected by and paid by the family. concerning qualification of lenders (for on the home for debt incurred to finance (2) The independent inspection must example, prohibition of seller financing purchase of the home or any refinancing cover major building systems and or case-by-case approval of seller of such debt. components, including foundation and financing), or concerning terms of (iii) Upon death of a family member structure, housing interior and exterior, financing (for example, a prohibition of who holds, in whole or in part, title to and the roofing, plumbing, electrical, balloon payment mortgages, or the home or ownership of cooperative and heating systems. The independent establishment of a minimum membership shares for the home, inspector must be qualified to report on homeowner equity requirement from homeownership assistance may property conditions, including major personal resources). continue pending settlement of the building systems and components. (b) If the purchase of the home is decedent’s estate, notwithstanding (3) The PHA may not require the financed with FHA mortgage insurance, transfer of title by operation of law to family to use an independent inspector such financing is subject to FHA the decedent’s executor or legal selected by the PHA. The independent mortgage insurance requirements. representative, so long as the home is inspector may not be a PHA employee (c) The PHA may establish solely occupied by remaining family or contractor, or other person under requirements or other restrictions members in accordance with control of the PHA. However, the PHA concerning debt secured by the home. § 982.551(h). may establish standards for qualification (d) The PHA may review lender (4) Supplying required information. (i) of inspectors selected by families under qualifications and the loan terms before The family must supply required the homeownership option. information to the PHA in accordance (4) The independent inspector must authorizing homeownership assistance. The PHA may disapprove proposed with § 982.551(b). provide a copy of the inspection report (ii) In addition to other required financing, refinancing or other debt if both to the family and to the PHA. The information, the family must supply any the PHA determines that the debt is PHA may not commence information as required by the PHA or unaffordable, or if the PHA determines homeownership assistance for the HUD concerning: family until the PHA has reviewed the that the lender or the loan terms do not (A) Any mortgage or other debt inspection report of the independent meet PHA qualifications. In making this incurred to purchase the home, and any inspector. Even if the unit otherwise determination, the PHA may take into refinancing of such debt (including complies with the HQS (and may account other family expenses, such as information needed to determine qualify for assistance under the PHA’s child care, unreimbursed medical whether the family has defaulted on the tenant-based rental voucher program), expenses, homeownership expenses, debt, and the nature of any such the PHA shall have discretion to and other family expenses as default), and information on any disapprove the unit for assistance under determined by the PHA. satisfaction or payment of the mortgage the homeownership option because of (e) All PHA financing or affordability debt; information in the inspection report. requirements must be described in the (B) Any sale or other transfer of any (c) Contract of sale. (1) Before PHA administrative plan. interest in the home; or commencement of homeownership § 982.633 Homeownership option: (C) The family’s homeownership assistance, a member or members of the Continued assistance requirements; Family expenses. family must enter into a contract of sale obligations. (5) Notice of move-out. The family with the seller of the unit to be acquired must notify the PHA before the family (a) Occupancy of home. by the family. The family must give the moves out of the home. PHA a copy of the contract of sale (see Homeownership assistance may only be (6) Notice of mortgage default. The also § 982.627(a)(7)). paid while the family is residing in the family must notify the PHA if the family (2) The contract of sale must: home. If the family moves out of the defaults on a mortgage securing any (i) Specify the price and other terms home, the PHA may not continue debt incurred to purchase the home. of sale by the seller to the purchaser. homeownership assistance after the (7) Prohibition on ownership interest (ii) Provide that the purchaser will month when the family moves out. The on second residence. During the time arrange for a pre-purchase inspection of family or lender is not required to the family receives homeownership the dwelling unit by an independent refund to the PHA the homeownership assistance under this subpart, no family inspector selected by the purchaser. assistance for the month when the member may have any ownership (iii) Provide that the purchaser is not family moves out. interest in any other residential obligated to purchase the unit (b) Family obligations. The family property. unless the inspection is satisfactory to must comply with the following (8) Additional PHA requirements. The the purchaser. obligations. PHA may establish additional (iv) Provide that the purchaser is not (1) Ongoing counseling. To the extent requirements for continuation of obligated to pay for any necessary required by the PHA, the family must homeownership assistance for the repairs. attend and complete ongoing (v) Contain a certification from the family (for example, a requirement for homeownership and housing post-purchase homeownership seller that the seller has not been counseling. debarred, suspended, or subject to a counseling or for periodic unit (2) Compliance with mortgage. The inspections while the family is receiving limited denial of participation under family must comply with the terms of part 24 of this title. homeownership assistance). The family any mortgage securing debt incurred to must comply with any such § 982.632 Homeownership option: purchase the home (or any refinancing requirements. Financing purchase of home; affordability of such debt). (9) Other family obligations. The of purchase. (3) Prohibition against conveyance or family must comply with the obligations (a) The PHA may establish transfer of home. (i) So long as the of a participant family described in requirements for financing purchase of family is receiving homeownership § 982.551. However, the following
VerDate 112000 10:27 Sep 11, 2000 Jkt 190000 PO 00000 Frm 00033 Fmt 4701 Sfmt 4700 E:\FR\FM\12SER2.SGM pfrm04 PsN: 12SER2 55166 Federal Register / Vol. 65, No. 177 / Tuesday, September 12, 2000 / Rules and Regulations provisions do not apply to assistance assistance terms is subject to the (iii) Home insurance; under the homeownership option: maximum term described in paragraph (iv) The PHA allowance for § 982.551(c), (d), (e), (f), (g) and (j). (a) of this section. maintenance expenses; (c) Statement of homeowner (v) The PHA allowance for costs of obligations. Before commencement of § 982.635 Homeownership option: Amount major repairs and replacements; and distribution of monthly homeownership (vi) The PHA utility allowance for the homeownership assistance, the family assistance payment. must execute a statement of family home; and (a) Amount of monthly obligations in the form prescribed by (vii) Principal and interest on homeownership assistance payment. HUD. In the statement, the family agrees mortgage debt incurred to finance costs While the family is residing in the to comply with all family obligations for major repairs, replacements or home, the PHA shall pay a monthly under the homeownership option. improvements for the home. If a homeownership assistance payment on member of the family is a person with § 982.634 Homeownership option: behalf of the family that is equal to the disabilities, such debt may include debt Maximum term of homeownership lower of: incurred by the family to finance costs assistance. (1) The payment standard minus the needed to make the home accessible for (a) Maximum term of assistance. total tenant payment; or such person, if the PHA determines that Except in the case of a family that (2) The family’s monthly allowance of such costs as qualifies as an elderly or disabled family homeownership expenses minus the homeownership expenses is needed as a (see paragraph (c) of this section), the total tenant payment. reasonable accommodation so that the family members described in paragraph (b) Payment standard for family. (1) homeownership option is readily (b) of this section shall not receive The payment standard for a family is the accessible to and usable by such person, homeownership assistance for more lower of: in accordance with part 8 of this title. (i) The payment standard for the than: (3) Homeownership expenses for a family unit size; or (1) Fifteen years, if the initial cooperative member may only include (ii) The payment standard for the size mortgage incurred to finance purchase amounts allowed by the PHA to cover: of the home. (i) The cooperative charge under the of the home has a term of 20 years or (2) If the home is located in an cooperative occupancy agreement longer; or exception payment standard area, the including payment for real estate taxes (2) Ten years, in all other cases. PHA must use the appropriate payment and public assessments on the home; (b) Applicability of maximum term. standard for the exception payment The maximum term described in (ii) Principal and interest on initial standard area. debt incurred to finance purchase of paragraph (a) of this section applies to (3) The payment standard for a family any member of the family who: cooperative membership shares and any is the greater of: refinancing of such debt; (1) Has an ownership interest in the (i) The payment standard (as unit during the time that (iii) Home insurance; determined in accordance with (iv) The PHA allowance for homeownership payments are made; or paragraphs (b)(1) and (b)(2) of this (2) Is the spouse of any member of the maintenance expenses; section) at the commencement of (v) The PHA allowance for costs of household who has an ownership homeownership assistance for interest in the unit during the time major repairs and replacements; occupancy of the home; or (vi) The PHA utility allowance for the homeownership payments are made. (ii) The payment standard (as home; and (c) Exception for elderly and disabled determined in accordance with (vii) Principal and interest on debt families. (1) As noted in paragraph (a) paragraphs (b)(1) and (b)(2) of this incurred to finance major repairs, of this section, the maximum term of section) at the most recent regular replacements or improvements for the assistance does not apply to elderly and reexamination of family income and home. If a member of the family is a disabled families. composition since the commencement person with disabilities, such debt may (2) In the case of an elderly family, the of homeownership assistance for include debt incurred by the family to exception only applies if the family occupancy of the home. finance costs needed to make the home qualifies as an elderly family at the start (4) The PHA must use the same accessible for such person, if the PHA of homeownership assistance. In the payment standard schedule, payment determines that allowance of such costs case of a disabled family, the exception standard amounts, and subsidy as homeownership expenses is needed applies if at any time during receipt of standards pursuant to §§ 982.402 and as a reasonable accommodation so that homeownership assistance the family 982.503 for the homeownership option the homeownership option is readily qualifies as a disabled family. as for the rental voucher program. accessible to and usable by such person, (3) If, during the course of (c) Determination of homeownership in accordance with part 8 of this title. homeownership assistance, the family expenses. (1) The PHA shall adopt (4) If the home is a cooperative or ceases to qualify as a disabled or elderly policies for determining the amount of condominium unit, homeownership family, the maximum term becomes homeownership expenses to be allowed expenses may also include cooperative applicable from the date by the PHA in accordance with HUD or condominium operating charges or homeownership assistance commenced. requirements. maintenance fees assessed by the However, such a family must be (2) Homeownership expenses for a condominium or cooperative provided at least 6 months of homeowner (other than a cooperative homeowner association. homeownership assistance after the member) may only include amounts (d) Payment to lender or family. The maximum term becomes applicable allowed by the PHA to cover: PHA must pay homeownership (provided the family is otherwise (i) Principal and interest on initial assistance payments either: eligible to receive homeownership mortgage debt, any refinancing of such (1) Directly to the family or; assistance in accordance with this part). debt, and any mortgage insurance (2) At the discretion of the PHA, to a (d) Assistance for different homes or premium incurred to finance purchase lender on behalf of the family. If the PHAs. If the family has received such of the home; assistance payment exceeds the amount assistance for different homes, or from (ii) Real estate taxes and public due to the lender, the PHA must pay the different PHAs, the total of such assessments on the home; excess directly to the family.
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(e) Automatic termination of homeownership assistance (in (d) Mortgage default. The PHA must homeownership assistance. accordance with homeownership option terminate voucher homeownership Homeownership assistance for a family program requirements). assistance for any member of family terminates automatically 180 calendar (2) The PHA may not commence receiving homeownership assistance days after the last housing assistance continued tenant-based assistance for that is dispossessed from the home payment on behalf of the family. occupancy of the new unit so long as pursuant to a judgment or order of However, a PHA has the discretion to any family member owns any title or foreclosure on any mortgage (whether grant relief from this requirement in other interest in the prior home. FHA-insured or non-FHA) securing debt those cases where automatic (3) The PHA may establish policies incurred to purchase the home, or any termination would result in extreme that prohibit more than one move by the refinancing of such debt. The PHA, in hardship for the family. family during any one year period. its discretion, may permit the family to (b) Requirements for continuation of move to a new unit with continued § 982.636 Homeownership option: homeownership assistance. The PHA voucher rental assistance. However, the Portability. must determine that all initial PHA must deny such permission, if: (a) General. A family may qualify to requirements listed in § 982.626 have (1) The family defaulted on an FHA- move outside the initial PHA been satisfied if a family that has insured mortgage; and jurisdiction with continued received homeownership assistance (2) The family fails to demonstrate homeownership assistance under the wants to move to a new unit with that: voucher program in accordance with continued homeownership assistance. (i) The family has conveyed title to this section. However, the following requirements do the home, as required by HUD, to HUD (b) Portability of homeownership not apply: or HUD’s designee; and assistance. Subject to § 982.353(b) and (1) The requirement for pre-assistance (ii) The family has moved from the (c), § 982.552, and § 982.553, a family counseling (§ 982.630) is not applicable. home within the period established or determined eligible for homeownership However, the PHA may require that the approved by HUD. assistance by the initial PHA may family complete additional counseling § 982.639 Homeownership option: purchase a unit outside of the initial (before or after moving to a new unit Administrative fees. PHA’s jurisdiction, if the receiving PHA with continued assistance under the The ongoing administrative fee is administering a voucher homeownership option). described in § 982.152(b) is paid to the homeownership program and is (2) The requirement that a family PHA for each month that accepting new homeownership families. must be a first-time homeowner (c) Applicability of Housing Choice homeownership assistance is paid by (§ 982.627) is not applicable. the PHA on behalf of the family. Voucher program portability (c) When PHA may deny permission procedures. In general, the portability to move with continued assistance. The § 982.640 Homeownership option: procedures described in §§ 982.353 and PHA may deny permission to move to Recapture of homeownership assistance. 982.355 apply to the homeownership a new unit with continued voucher (a) General. The PHA shall recapture option and the administrative assistance as follows: a percentage of the homeownership responsibilities of the initial and (1) Lack of funding to provide assistance provided to the family upon receiving PHA are not altered except continued assistance. The PHA may the family’s sale or refinancing of the that some administrative functions (e.g, deny permission to move with home. issuance of a voucher or execution of a continued rental or homeownership (b) Securing the PHA’s right of tenancy addendum) do not apply to the assistance if the PHA determines that it recapture. Upon purchase of the home, homeownership option. does not have sufficient funding to a family receiving homeownership (d) Family and PHA responsibilities. provide continued assistance. assistance shall execute documentation The family must attend the briefing and (2) Termination or denial of as required by HUD, and consistent with counseling sessions required by the assistance under § 982.638. At any time, State and local law, that secures the receiving PHA. The receiving PHA will the PHA may deny permission to move PHA’s right to recapture the determine whether the financing for, with continued rental or homeownership assistance in and the physical condition of the unit, homeownership assistance in accordance with this section. The lien are acceptable. The receiving PHA must accordance with § 982.638. securing the recapture of promptly notify the initial PHA if the homeownership subsidy may be family has purchased an eligible unit § 982.638 Homeownership option: Denial or termination of assistance for family. subordinated to a refinanced mortgage. under the program, or if the family is (c) Recapture amount for sales. In the unable to purchase a home within the (a) General. The PHA shall terminate case of the sale of the home, the maximum time established by the PHA. homeownership assistance for the recapture shall be in an amount (e) Continued assistance under family, and shall deny voucher rental equalling the lesser of: § 982.637. Such continued assistance assistance for the family, in accordance (1) The amount of homeownership under portability procedures is subject with this section. assistance provided to the family, to § 982.637. (b) Denial or termination of assistance adjusted as described in paragraph (f) of under basic voucher program. At any this section; or § 982.637 Homeownership option: Move time, the PHA may deny or terminate (2) The difference between the sales with continued tenant-based assistance. homeownership assistance in price and purchase price of the home, (a) Move to new unit. (1) A family accordance with § 982.552 (Grounds for minus: receiving homeownership assistance denial or termination of assistance) or (i) The costs of any capital may move to a new unit with continued § 982.553 (Crime by family members). expenditures; tenant-based assistance in accordance (c) Failure to comply with family (ii) The costs incurred by the family with this section. The family may move obligations. The PHA may deny or in the sale of the home (such as sales either with voucher rental assistance (in terminate assistance for violation of commission and closing costs); accordance with rental assistance participant obligations described in (iii) The amount of the difference program requirements) or with voucher § 982.551 or § 982.633. between the sales price and purchase
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The In the case of a refinancing of the home, issuance or term of voucher. requirements of subpart J of this part (b) Subpart G requirements. The the recapture shall be in an amount (Housing Assistance Payments Contract following provisions of subpart G of this equalling the lesser of: and Owner Responsibility) (§§ 982.451– part do not apply to assistance under (1) The amount of homeownership 456) do not apply to assistance under the homeownership option: the homeownership option. assistance provided to the family, (1) Section 982.302 (Issuance of adjusted as described in paragraph (f) of (f) Subpart K requirements. Except for voucher; Requesting PHA approval of those sections listed below, the this section; or assisted tenancy); (2) The difference between the current requirements of subpart K of this part (2) Section 982.303 (Term of voucher); (Rent and Housing Assistance Payment) mortgage debt and the new mortgage (3) Section 982.305 (PHA approval of (§§ 982.501–521) do not apply to debt; minus: assisted tenancy); assistance under the homeownership (i) The costs of any capital (4) Section 982.306 (PHA disapproval option: expenditures; of owner); (1) Section 982.503 (Voucher tenancy: (ii) The costs incurred by the family (5) Section 982.307 (Tenant screening); Payment standard amount and in the refinancing of the home (such as schedule); closing costs); and (6) Section 982.308 (Lease and (2) Section 982.516 (Family income (iii) Any amounts that have been tenancy); (7) Section 982.309 (Term of assisted and composition: Regular and interim previously recaptured as a result of reexaminations); and refinancing. tenancy); (8) Section 982.310 (Owner (3) Section 982.517 (Utility allowance (e) Use of sales price in determining termination of tenancy); schedule). recapture amount. The recapture (9) Section 982.311 (When assistance (g) Subpart L requirements. The amount shall be determined using the is paid) (except that § 982.311(c)(3) is following provisions of subpart L of this actual sales price of the home, unless applicable to assistance under the part do not apply to assistance under the sale is to an identity-of-interest homeownership option); the homeownership option: entity. In the case of identity-of-interest (10) Section 982.313 (Security (1) Section 982.551(c) (HQS breach transactions, the PHA shall establish a deposit: Amounts owed by tenant); and caused by family); sales price based on fair market value. (11) Section 982.314 (Move with (2) Section 982.551(d) (Allowing PHA (f) Automatic reduction of recapture continued tenant-based assistance). inspection); amount. The amount of homeownership (c) Subpart H requirements. The (3) Section 982.551(e) (Violation of assistance subject to recapture will following provisions of subpart H of this lease); automatically be reduced over a 10 year part do not apply to assistance under (4) Section 982.551(g) (Owner period, beginning one year from the the homeownership option: eviction notice); and purchase date, in annual increments of (1) Section 982.352(a)(6) (Prohibition (5) Section 982.551(j) (Interest in 10 percent. At the end of the 10 year of owner-occupied assisted unit); unit). period, the amount of homeownership (2) Section 982.352(b) (PHA-owned (h) Subpart M requirements. The assistance subject to recapture will be housing); and following provisions of subpart M of zero. (3) Those provisions of this part do not apply to assistance § 982.353(b)(1),(2), and (3) (Where under the homeownership option: § 982.641 Homeownership option: family can lease a unit with tenant- Applicability of other requirements. (1) Sections 982.602–982.619; and based assistance) and § 982.355 (2) Sections 982.622–982.624. (a) General. The following types of (Portability: Administration by receiving provisions (located in other subparts of PHA) that are inapplicable per Dated: August 24, 2000. this part) do not apply to assistance § 982.636; Harold Lucas, under the homeownership option: (d) Subpart I requirements. The Assistant Secretary for Public and Indian (1) Any provisions concerning the following provisions of subpart I of this Housing. Section 8 owner or the HAP contract part do not apply to assistance under [FR Doc. 00–22829 Filed 9–11–00; 8:45 am] between the PHA and owner; the homeownership option: BILLING CODE 4210±33±P
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Reader Aids Federal Register Vol. 65, No. 177 Tuesday, September 12, 2000
CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING SEPTEMBER
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 95...... 54744 3 CFR Proposed Rules: Presidential Documents Proclamations: 39 ...... 53199, 53201, 53203, Executive orders and proclamations 523±5227 7336...... 53887 53205, 53206, 54182, 54184, The United States Government Manual 523±5227 7337...... 54397 54445, 54820, 54823, 54981 Executive Orders: 71...... 54824, 54825 Other Services 5327 (Revoked in part by PLO 7461)...... 54297 16 CFR Electronic and on-line services (voice) 523±4534 305...... 53163, 53165 Privacy Act Compilation 523±3187 5 CFR 1000...... 53167 Public Laws Update Service (numbers, dates, etc.) 523±6641 2635...... 55076 Proposed Rules: TTY for the deaf-and-hard-of-hearing 523±5229 Proposed Rules: 313...... 54186 2635...... 53650 436...... 53946 2640...... 53942 ELECTRONIC RESEARCH 17 CFR World Wide Web 7 CFR 146...... 53559 240...... 53560 Full text of the daily Federal Register, CFR and other 246...... 53523 publications: 301 ...... 53528, 54139, 54741, Proposed Rules: 54943 30...... 53946 http://www.access.gpo.gov/nara 920...... 54945 210...... 54189 Federal Register information and research tools, including Public 927...... 53531 240...... 54189 Inspection List, indexes, and links to GPO Access: 944...... 54945 19 CFR 1735...... 54399 http://www.nara.gov/fedreg 10...... 53565 Proposed Rules: 12...... 53565 E-mail 226...... 55102 18...... 53565 932...... 54818 PENS (Public Law Electronic Notification Service) is an E-mail 24...... 53565 service for notification of recently enacted Public Laws. To 983...... 53652 111...... 53565 subscribe, send E-mail to 1945...... 54973 113...... 53565 [email protected] 8 CFR 114...... 53565 125...... 53565 with the text message: 204...... 53889 134...... 53565 subscribe PUBLAWS-L your name 245...... 53889 145...... 53565 162...... 53565 Use [email protected] only to subscribe or unsubscribe to 9 CFR PENS. We cannot respond to specific inquiries. 171...... 53565 318...... 53531 172...... 53565 Reference questions. Send questions and comments about the 381...... 53531 Federal Register system to: Proposed Rules: 20 CFR [email protected] 206...... 53653 404...... 54747 416...... 54747 The Federal Register staff cannot interpret specific documents or 10 CFR regulations. 21 CFR 1...... 54948 2...... 54948 101...... 54686 FEDERAL REGISTER PAGES AND DATE, SEPTEMBER 19...... 54948 510...... 54147 30...... 54948 520...... 53581 53157±53522...... 1 40...... 54948 573...... 53167 53523±53888...... 5 50...... 54948 558 ...... 53581, 53582, 53583, 53889±54138...... 6 51...... 54948 54147, 54410, 54411 54139±54396...... 7 70...... 54948 22 CFR 54397±54740...... 8 72...... 53533 54741±54942...... 11 22...... 54148 012 CFR 40...... 54412 54943±55168...... 12 612...... 54742 42...... 54412 614...... 54742 203...... 54790 13 CFR 24 CFR 121...... 53533 5...... 55134 401...... 53899 14 CFR 903...... 55134 39 ...... 53157, 53158, 53161, 982...... 55134 53897, 54140, 54143, 54145, 54403, 54407, 54409, 54743 25 CFR 71 ...... 53558, 54950, 54952, Proposed Rules: 54953, 55076 103...... 53948
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26 CFR 37 CFR 447...... 55076 1828...... 54439 1...... 53584, 53901 1...... 54604 457...... 55076 1845...... 54813 25...... 53587 3...... 54604 Proposed Rules: 1852...... 54439, 54813 602...... 53584 5...... 54604 405...... 53963 Proposed Rules: 10...... 54604 410...... 55078 2...... 54940 28 CFR Proposed Rules: 414...... 55078 13...... 54936 Proposed Rules: 201...... 54984 44 CFR 22...... 54104 16...... 53679 256...... 54984 25...... 54936 Ch. I ...... 53914 401...... 54826 31...... 54940 65...... 53915 30 CFR 35...... 54940 67...... 53917 917...... 53909 38 CFR 52...... 54104, 54936 295...... 53914 931...... 54791 8...... 54798 204...... 54985 Proposed Rules: Proposed Rules: 442...... 54986 67...... 53964 943...... 54982 39 CFR Proposed Rules: 45 CFR 32 CFR 49 CFR 111...... 53212 2543...... 53608 311...... 53168 192...... 54441 701...... 53171 40 CFR 47 CFR 195...... 54441 736...... 53589 52 ...... 53172, 53180, 53181, 1...... 53610, 54799 Proposed Rules: 762...... 53171 53595, 53599, 53602, 54413 2...... 54155 23...... 54454 765...... 53171 62...... 53605 11...... 53610, 54155 26...... 54454 770...... 53591 63...... 54419 21...... 53610 565...... 53219 Proposed Rules: 80...... 53185, 54423 24...... 53624 1244...... 54471 326...... 53902 261...... 54955 25...... 53610, 54155 651...... 54348 Proposed Rules: 51...... 54433 50 CFR 50...... 54828 52...... 53189 33 CFR 52 ...... 53214, 53680, 53962, 64...... 54799 17...... 54177 100...... 54150 54820 73 ...... 53610, 53638, 53639, 20 ...... 53190, 53492, 53936 117...... 54795, 54954 62...... 53680 53640, 54176, 54804, 54805 300...... 54969 162...... 53593 80...... 53215, 54447 74...... 53610, 54155 600...... 53646 165 ...... 54152, 54153, 54795, 81...... 54828 76...... 53610 635...... 54970 54797 146...... 53218 78...... 54155 648...... 53648, 53940 167...... 53911 300...... 54190 79...... 54176, 54805 660 ...... 53646, 53648, 54178, 372...... 53681 90...... 53641 54817 34 CFR 95...... 53190 679 ...... 53197, 53198, 54179, Proposed Rules: 41 CFR 100...... 53610 54180, 54971 303...... 53808 Ch. 301 ...... 53470 101...... 54155 Proposed Rules: 101-16...... 54965 Proposed Rules: 17 ...... 53222, 53691, 53974, 36 CFR 102-5...... 54965 73 ...... 53690, 53973, 53974, 54472, 54892 51...... 54155 54192, 54832, 54833 600...... 54833 Proposed Rules: 42 CFR 622...... 54474 7...... 53208 36...... 53914 48 CFR 648...... 54987 293...... 54190 36a...... 53914 209...... 54988 660...... 53692, 54475
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REMINDERS Land tortoises free of ticks Family Education Loan, National priorities list The items in this list were carrying heartwater William D. Ford Federal update; comments due editorially compiled as an aid disease; comments due Direct Loan, and Federal by 9-18-00; published to Federal Register users. by 9-19-00; published 7- Pell Grant Programs; 8-17-00 Inclusion or exclusion from 21-00 comments due by 9-18- Water supply: this list has no legal ARCHITECTURAL AND 00; published 8-2-00 National primary drinking significance. TRANSPORTATION Special education and water regulationsÐ BARRIERS COMPLIANCE rehabilitative services: Arsenic; maximum BOARD RULES GOING INTO Special Demonstration contaminant level; Americans with Disabilities Programs; comments due comments due by 9-20- EFFECT SEPTEMBER 12, Act; implementation: by 9-21-00; published 6- 00; published 6-22-00 2000 Accessibility guidelinesÐ 23-00 FEDERAL COMMUNICATIONS ENVIRONMENTAL Recreation facilities; draft ENVIRONMENTAL COMMISSION PROTECTION AGENCY final guidelines PROTECTION AGENCY summary availability Acquisition regulations: Air pollutants, hazardous; Digital television stations; table and meetings; of assignments: Miscellaneous amendments; national emission standards: comments due by 9-19- published 6-14-00 Metal coil coating facilities; Alabama; comments due by 00; published 7-21-00 Air programs; approval and comments due by 9-18- 9-18-00; published 7-31- promulgation; State plans COMMERCE DEPARTMENT 00; published 7-18-00 00 for designated facilities and National Oceanic and Mobile source air toxics GENERAL SERVICES pollutants: Atmospheric Administration controls; comments due ADMINISTRATION Kansas; published 7-14-00 Endangered and threatened by 9-20-00; published 8-4- Acquisition regulations: Hazardous waste: species: 00 Energy-efficient office Project XL program; site- Sea turtle conservation; Air quality implementation equipment and supplies specific projectsÐ shrimp trawling plans; approval and containing recovered IBM Semiconductor requirementsÐ promulgation; various materials or other Manufacturing Facility, Galveston Bay, TX; States: environmental attributes; Essex Junction, VT; inshore waters; limited Massachusetts; comments identification; comments published 9-12-00 tow times use as due by 9-20-00; published due by 9-18-00; published GENERAL SERVICES alternative to turtle 8-21-00 7-18-00 ADMINISTRATION excluder devices; Hazardous waste: HEALTH AND HUMAN Federal Management comments due by 9-22- Identification and listingÐ SERVICES DEPARTMENT Regulation: 00; published 8-29-00 Food and Drug Exclusions; comments due Administration Home-to-work transportation; Fishery conservation and by 9-22-00; published published 9-12-00 management: 8-8-00 Human drugs: NUCLEAR REGULATORY Atlantic highly migratory Fossil fuels combustion Labeling of drug products COMMISSION speciesÐ wastes; regulatory (OTC)Ð Energy Reorganization Act; Atlantic blue marlin, determination; Standardized format; revision of references to billfish, and swordfish; comments due by 9-19- compliance dates, Section 202; published 9-12- comments due by 9-22- 00; published 5-22-00 partial extension; 00 00; published 8-9-00 Land disposal restrictionsÐ comments due by 9-18- TRANSPORTATION West Coast States and 00; published 6-20-00 DEPARTMENT Miscellaneous changes; Western Pacific comments due by 9-18- INTERIOR DEPARTMENT Federal Aviation fisheriesÐ 00; published 6-19-00 Land Management Bureau Administration Pacific Coast groundfish; Pesticides; tolerances in food, Minerals management: Airworthiness directives: comments due by 9-22- animal feeds, and raw Leasing of solid minerals Boeing; published 8-8-00 00; published 9-7-00 agricultural commodities: other than coal and oil Eurocopter France; COMMODITY FUTURES shale; comments due by published 8-28-00 Azoxystrobin, etc.; TRADING COMMISSION comments due by 9-18- 9-18-00; published 8-18- McDonnell Douglas; Foreign futures and options 00 published 8-8-00 00; published 7-19-00 transactions: Butyl acrylate-vinyl acetate- INTERIOR DEPARTMENT Secured amount Fish and Wildlife Service COMMENTS DUE NEXT acrylic acid copolymer; requirement; interpretation; comments due by 9-18- Endangered and threatened WEEK comments due by 9-21- 00; published 7-19-00 species: 00; published 9-6-00 Humic acid, sodium salt; Critial habitat designationsÐ AGRICULTURE DEFENSE DEPARTMENT comments due by 9-18- DEPARTMENT Spalding's catchfly; Acquisition regulations: 00; published 7-18-00 comments due by 9-22- Agricultural Marketing 00; published 9-8-00 Service Profit policy changes; Pendimethalin; comments Peanut promotion, research, comments due by 9-22- due by 9-18-00; published Critical habitat and information order: 00; published 7-24-00 7-19-00 designationsÐ National Peanut Board; EDUCATION DEPARTMENT Tebuconazole; comments Mexican spotted owl; membership; comments Postsecondary education: due by 9-18-00; published comments due by 9-19- 7-18-00 00; published 7-21-00 due by 9-20-00; published Federal Perkins Loan, 8-21-00 Federal Family Education Superfund program: Zapata bladderpod; AGRICULTURE Loan, and William D. Ford National oil and hazardous comments due by 9-18- DEPARTMENT Federal Direct Loan substances contingency 00; published 7-19-00 Animal and Plant Health Programs; comments due planÐ INTERIOR DEPARTMENT Inspection Service by 9-18-00; published 8-2- National priorities list Minerals Management Interstate transportation of 00 update; comments due Service animals and animal products Student assistance general by 9-18-00; published Outer Continental Shelf; oil, (quarantine): provisions and Federal 8-17-00 gas, and sulphur operations:
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Restructuring oil and gas Health insurance premiums; Bell; comments due by 9- session of Congress which drilling requirements, and pre-tax allotment; 18-00; published 7-20-00 have become Federal laws. It conversion of rule into comments due by 9-18- Bombardier; comments due may be used in conjunction plain language; comments 00; published 7-19-00 by 9-22-00; published 8- with ``P L U S'' (Public Laws due by 9-19-00; published Health benefits; Federal 23-00 Update Service) on 202±523± 6-21-00 employees: Cessna; comments due by 6641. This list is also JUSTICE DEPARTMENT Health insurance; pre-tax 9-22-00; published 8-8-00 available online at http:// Immigration and premium conversion; Dowty Aerospace Propellers; www.nara.gov/fedreg. Naturalization Service comments due by 9-18- comments due by 9-20- 00; published 8-21-00 Nonimmigrant classes: 00; published 7-19-00 The text of laws is not Eurocopter France; Temporary agricultural Prevailing rate systems; published in the Federal comments due by 9-18-00; comments due by 9-18- Register but may be ordered worker (H-2A) petitions; 00; published 7-20-00 processing procedures; published 8-17-00 in ``slip law'' (individual Fairchild; comments due by pamphlet) form from the comments due by 9-18- SECURITIES AND 9-22-00; published 8-3-00 00; published 8-17-00 EXCHANGE COMMISSION Superintendent of Documents, General Electric Co.; U.S. Government Printing LABOR DEPARTMENT Securities: comments due by 9-18- Office, Washington, DC 20402 Employment and Training Firm quote and trade- 00; published 7-20-00 (phone, 202±512±1808). The Administration through disclosure rules Learjet; comments due by text will also be made Aliens: for options; comments 9-22-00; published 8-8-00 available on the Internet from Nonimmigrant agricultural due by 9-18-00; published Pilatus Aircraft Ltd.; GPO Access at http:// workers; temporary 8-4-00 comments due by 9-22- www.access.gpo.gov/nara/ employment; labor Order routing and execution 00; published 8-18-00 index.html. Some laws may certification and petition practices; disclosure; Raytheon; comments due by not yet be available. process; fee structure comments due by 9-22- 9-18-00; published 8-16- 00; published 8-8-00 00 modification; comments H.R. 3519/P.L. 106±264 due by 9-18-00; published TRANSPORTATION Saab; comments due by 9- 8-17-00 DEPARTMENT 20-00; published 8-21-00 Global AIDS and Tuberculosis Temporary employment in Computer reservation systems, Class E airspace; comments Relief Act of 2000 (Aug. 19, U.S.Ð carrier-owned due by 9-18-00; published 2000; 114 Stat. 748) Attestations by facilities Internet use for airline 7-25-00 employing H-1C distribution; comments TRANSPORTATION Last List August 22, 2000 nonimmigrant aliens as due by 9-22-00; published DEPARTMENT registered nurses; 7-24-00 Federal Highway Administration comments due by 9-21- TRANSPORTATION Payment procedures: 00; published 8-22-00 DEPARTMENT Engineering and design Public Laws Electronic NUCLEAR REGULATORY Federal Aviation Notification Service COMMISSION related service contracts; Administration administration; comments (PENS) Reports and guidance Air carrier certification and documents; availability, etc.: due by 9-18-00; published operations: 7-18-00 Operator license eligibility Airports serving scheduled and use of simulation VETERANS AFFAIRS air carrier operations in DEPARTMENT PENS is a free electronic mail facilities in operator aircraft with 10-30 seats; notification service of newly licensing; comments due National and State cemeteries; certification requirements; interment or memorialization enacted public laws. To by 9-18-00; published 7-3- comments due by 9-19- subscribe, go to www.gsa.gov/ 00 prohibition due to 00; published 6-21-00 commission of capital archives/publaws-l.html or PENSION BENEFIT Emergency medical crimes; comments due by 9- send E-mail to GUARANTY CORPORATION equipment; comments due 19-00; published 7-21-00 [email protected] with the following text message: Single-employer plans: by 9-21-00; published 5- Servicemembers' and Allocation of assetsÐ 24-00 veterans' group life SUBSCRIBE PUBLAWS-L Title IV aspects of cash Hawaii; air tour operators; insurance: Your Name. balance plans with comments due by 9-22- Accelerated benefits option; 00; published 8-23-00 comments due by 9-18- variable indices; Note: This service is strictly 00; published 7-20-00 comments due by 9-22- Airworthiness directives: for E-mail notification of new 00; published 7-6-00 Aerospatiale; comments due laws. The text of laws is not PERSONNEL MANAGEMENT by 9-18-00; published 8- LIST OF PUBLIC LAWS available through this service. OFFICE 23-00 PENS cannot respond to Health benefits, Federal Airbus; comments due by 9- This is a continuing list of specific inquiries sent to this employees: 18-00; published 8-23-00 public bills from the current address.
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