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

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Contents Federal Register Vol. 64, No. 75

Tuesday, April 20, 1999

Agency for Toxic Substances and Disease Registry See International Trade Administration NOTICES See National Oceanic and Atmospheric Administration Meetings: Scientific Counselors Board, 19364 Cooperative State Research, Education, and Extension Service Agriculture Department NOTICES See Animal and Plant Health Inspection Service Grants and cooperative agreements; availability, etc.: See Cooperative State Research, Education, and Extension Community Food Projects Program, 19429–19437 Service See Food Safety and Inspection Service Corporation for National and Community Service See Forest Service RULES Privacy Act; implementation, 19293–19299 Animal and Plant Health Inspection Service RULES Defense Department Animal welfare: See Army Department Dogs and cats; solid resting surfaces in primary See Engineers Corps enclosures; requirement removed, 19251–19254 See Navy Department NOTICES NOTICES Agency information collection activities: Federal Acquisition Regulation (FAR): Proposed collection; comment request, 19335 Agency information collection activities— Submission for OMB review; comment request, 19340 Army Department Meetings: See Engineers Corps Defense Partnership Council, 19340 NOTICES Travel per diem rates, civilian personnel; changes, 19340– Meetings: 19345 Armed Forces Epidemiological Board, 19346

Bonneville Power Administration Education Department NOTICES NOTICES Records of decision: Grants and cooperative agreements; availability, etc.: Canadian Entitlement delivery, 19349 Bilingual education and minority languages affairs— Field-Initiated Research Program, 19409–19428 Centers for Disease Control and Prevention Elementary and secondary education— NOTICES Safe and Drug-Free Schools and Communities National Grants and cooperative agreements; availability, etc.: Programs, 19347–19349 Pregnancy Risk Assessment Monitoring System Program, 19364–19367 Employment and Training Administration Meetings: NOTICES Breast and Cervical Cancer Early Detection and Control Federal-State unemployment compensation program: Advisory Committee, 19367–19368 Extended benefit periods; changes, 19389 Clinical Laboratory Improvement Advisory Committee, 19368 Energy Department See Bonneville Power Administration Children and Families Administration See Federal Energy Regulatory Commission NOTICES Agency information collection activities: Engineers Corps Submission for OMB review; comment request, 19368– NOTICES 19369 Environmental statements; notice of intent: Grants and cooperative agreements; availability, etc.: Sand Creek Watershed, NE; environmental restoration Developmental diabilities— and flood control; feasibility study, 19346 Projects of National Significance, 19369–19373 Meetings: Environmental Protection Agency Head Start Research and Evaluation Advisory Committee; RULES correction, 19373 Air programs; approval and promulgation; State plans for designated facilities and pollutants: Coast Guard Kentucky, 19290–19293 NOTICES Air quality implementation plans; approval and Committees; establishment, renewal, termination, etc.: promulgation; various States: Chemical Transportation Advisory Committee, 19401 California, 19277–19281 Ohio, 19286–19290 Commerce Department Tennessee, 19281–19283 See Export Administration Bureau Texas, 19283–19286

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PROPOSED RULES Federal Emergency Management Agency Air programs; approval and promulgation; State plans for NOTICES designated facilities and pollutants: Disaster and emergency areas: Kentucky, 19333 Louisiana, 19359 Air quality implementation plans; approval and Puerto Rico, 19359 promulgation; various States: California, 19330–19331 Ohio, 19332 Federal Energy Regulatory Commission Tennessee, 19331 NOTICES Texas, 19332 Environmental statements; availability, etc.: NOTICES Jacobson, Eric R., 19352 Agency information collection activities: Meetings: Proposed collection; comment request, 19354 Natural gas; anticipated demand projections over next 10- Submission for OMB review; comment request, 19355 20 years in northeastern U.S., 19352–19353 Meetings: Applications, hearings, determinations, etc.: Effluent Guidelines Task Force, 19355–19356 Algonquin Gas Transmission Co., 19349–19350 Pesticide registration, cancellation, etc.: Columbia Gulf Transmission Co., 19350 Taensa, Inc., et al., 19356–19357 Dow Pipeline Co., 19350 Iroquois Gas Transmission System, L.P., 19350–19351 Executive Office of the President Panhandle Eastern Pipe Line Co., 19351 Reliant Energy Gas Transmission Co., 19351 See Trade Representative, Office of United States Texas Eastern Transmission Corp., 19351–19352 Transcontinental Gas Pipe Line Corp., 19352 Export Administration Bureau NOTICES Export privileges, actions affecting: Federal Maritime Commission El-Awar, Khaled Khalil, 19336–19337 NOTICES Agreements filed, etc., 19359 Federal Aviation Administration Investigations, hearings, petitions, etc.: RULES Eastbound Transpacific trades, 19359–19360 Airworthiness directives: Trans-Pacific trades; ocean common carrier practices, Bell Helicopter Textron Canada, 19254–19255 19360–19362 Class D and Class E airspace, 19255–19257 Class E airspace, 19257–19268 Federal Reserve System Class E airspace; correction, 19268–19269 NOTICES PROPOSED RULES Banks and bank holding companies: Class D and Class E airspace, 19310–19312 Formations, acquisitions, and mergers, 19363 Class E airspace, 19312–19318 Permissible nonbanking activities, 19363 NOTICES Meetings; Sunshine Act, 19363 Airport noise compatibility program: Noise exposure map— Austin-Bergstrom International Airport, TX, 19401– Fish and Wildlife Service 19402 RULES Exemption petitions; summary and disposition, 19402– Endangered and threatened species: 19404 California bighorn sheep; Sierra Nevada distinct Passenger facility charges; applications, etc.: population segment, 19300–19309 Green Bay, Brown County, WI, et al., 19404–19406 PROPOSED RULES Endangered and threatened species: University Park Airport, PA, 19406–19407 California bighorn sheep; Sierra Nevada distinct Procurement contracts and screening information requests, population segment, 19333–19334 etc.; standard clauses Change 11; revision, 19407

Federal Communications Commission Food and Drug Administration RULES RULES Radio stations; table of assignments: Human drugs: Alaska, 19299–19300 Investigational new drug and new drug applications— NOTICES Clinical hold requirements, 19269 Agency information collection activities: NOTICES Submission for OMB review; comment request, 19357 Human drugs: Organization, functions, and authority delegations: New drug applications— Agency closure during NATO 50th Anniversary Summit, Single entity coronary vasodilators containing 19357 controlled-release nitroglycerin; proposed Rulemaking proceedings; petitions filed, granted, denied, withdrawal, 19373–19375 etc., 19357–19358 Food Safety and Inspection Service Federal Deposit Insurance Corporation NOTICES NOTICES Meetings: Financial institutions; receivership terminations, 19358– Meat and Poultry Inspection National Advisory 19359 Committee, 19335–19336

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Forest Service Labor Statistics Bureau NOTICES NOTICES Meetings: Agency information collection activities: Blue Mountains Natural Resources Institute Board of Proposed collection; comment request, 19389–19390 Directors, 19336 Land Management Bureau General Services Administration NOTICES NOTICES Public land orders: Federal Acquisition Regulation (FAR): Arizona, 19386 Agency information collection activities— Michigan, 19386 Submission for OMB review; comment request, 19340 Merit Systems Protection Board Health and Human Services Department NOTICES See Agency for Toxic Substances and Disease Registry Organization, functions, and authority delegations: See Centers for Disease Control and Prevention Headquarters closing during 50th Anniversary NATO See Children and Families Administration Summit, 19390 See Food and Drug Administration See Health Care Financing Administration Minerals Management Service PROPOSED RULES Health Care Financing Administration Outer Continental Shelf; oil, gas, and sulphur operations: NOTICES Lessee and contractor employees training program, Agency information collection activities: 19318–19326 Proposed collection; comment request, 19375–19376 National Aeronautics and Space Administration Medicare: Hospices; national accreditation programs; application, NOTICES Federal Acquisition Regulation (FAR): etc.— Agency information collection activities— Community Health Accreditation Program, Inc., 19376– Submission for OMB review; comment request, 19340 19379 National Highway Traffic Safety Administration Housing and Urban Development Department RULES NOTICES National Driver Register problem driver pointer system; Agency information collection activities: procedures for participating in and receiving data from Submission for OMB review; comment request, 19379– system: 19380 Coast Guard Commandant; authorization to request and receive information, 19269–19273 Interior Department See Fish and Wildlife Service National Oceanic and Atmospheric Administration See Land Management Bureau NOTICES See Minerals Management Service Meetings: See Surface Mining Reclamation and Enforcement Office New England Fishery Management Council, 19339 NOTICES South Atlantic Fishery Management Council, 19339– Privacy Act: 19340 Systems of records, 19380–19386 Navy Department International Trade Administration NOTICES NOTICES Environmental statements; availability, etc.: Antidumping: Base realignment and closure— Extruded rubber thread from— Naval Air Station Agana, Guam; public hearing, 19346– Malaysia, 19337–19338 19347 Uranium from— Kyrgzstan et al., 19338–19339 Nuclear Regulatory Commission NOTICES International Trade Commission Meetings: NOTICES Reactor Safeguards Advisory Committee, 19390–19391 Meetings; Sunshine Act, 19387 Office of United States Trade Representative Justice Department See Trade Representative, Office of United States RULES Federal attorneys; ethical standards recognizing State laws Public Health Service and State and local Federal court rules, 19273–19277 See Agency for Toxic Substances and Disease Registry See Centers for Disease Control and Prevention Labor Department See Food and Drug Administration See Employment and Training Administration See Labor Statistics Bureau Securities and Exchange Commission NOTICES NOTICES Agency information collection activities: Agency information collection activities: Submission for OMB review; comment request, 19387– Submission for OMB review; comment request, 19391– 19388 19392

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Self-regulatory organizations; proposed rule changes: Tennessee Valley Authority American Stock Exchange LLC, 19393–19395 NOTICES Chicago Board Options Exchange, Inc., 19395–19396 Meetings; Sunshine Act, 19400 Philadelphia Stock Exchange, Inc., 19396–19397 Toxic Substances and Disease Registry Agency Social Security Administration See Agency for Toxic Substances and Disease Registry NOTICES Organization, functions, and authority delegations: Trade Representative, Office of United States Deputy Commissioner Office, Disability and Income NOTICES Security Programs, 19397–19398 Meetings: Trade and Environment Policy Advisory Committee, 19400–19401 State Department NOTICES Transportation Department Foreign Operations, Export Financing, and Related See Coast Guard Programs Appropriations Act: See Federal Aviation Administration U.S. bilateral assistance; waivers— See National Highway Traffic Safety Administration Bosnia and Serbia, 19398–19399 See Surface Transportation Board Meetings: Anti-Fouling Paints for Ships Federal Interagency Working Group, 19399 Separate Parts In This Issue Shipping Coordinating Committee, 19399–19400 Part II Surface Mining Reclamation and Enforcement Office Departmment of Education, 19409–19428 PROPOSED RULES Permanent program and abandoned mine land reclamation Part III plan submissions: Department of Education, Cooperative State Research, West Virginia, 19327–19330 Education, and Extension Service, 19429–19437

Surface Transportation Board NOTICES Reader Aids Railroad operation, acquisition, construction, etc.: Consult the Reader Aids section at the end of this issue for Dakota, Minnesota & Eastern Railroad Corp., 19407– phone numbers, online resources, finding aids, reminders, 19408 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.

9 CFR 3...... 19251 14 CFR 39...... 19254 71 (15 documents) ...... 19255, 19257, 19258, 19259, 19260, 19261, 19262, 19263, 19265, 19266, 19267, 19268 Proposed Rules: 71 (6 documents) ...... 19310, 19312, 19313, 19314, 19316, 19317 21 CFR 312...... 19269 23 CFR 1327...... 19269 28 CFR 77...... 19273 30 CFR Proposed Rules: 250...... 19318 948...... 19327 40 CFR 52 (4 documents) ...... 19277, 19281, 19283, 19286 62...... 19290 Proposed Rules: 52 (4 documents) ...... 19330, 19331, 19332 62...... 19333 45 CFR 1224...... 19293 2508...... 19293 47 CFR 73...... 19299 50 CFR 17...... 19300 Proposed Rules: 17...... 19333

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Rules and Regulations Federal Register Vol. 64, No. 75

Tuesday, April 20, 1999

This section of the FEDERAL REGISTER 37480–37482, Docket No. 98–044–1), Several commenters expressed the contains regulatory documents having general and effective July 14, 1998, we amended general opinion that it is inhumane to applicability and legal effect, most of which the Animal Welfare Act (AWA) have an animal living on mesh or slatted are keyed to and codified in the Code of regulations in 9 CFR part 3 (referred to flooring because such flooring is Federal Regulations, which is published under uncomfortable for the animals. The 50 titles pursuant to 44 U.S.C. 1510. below as the regulations) pertaining to primary enclosures for dogs and cats by commenters stated that the openings in The Code of Federal Regulations is sold by removing the requirement that primary the floor can cause sores on the animals’ the Superintendent of Documents. Prices of enclosures with suspended flooring paws and that the claws can get caught. new books are listed in the first FEDERAL made of mesh or slatted construction One commenter stated that a solid REGISTER issue of each week. include a solid resting surface. This resting surface in such enclosures requirement was erroneously added in a benefits the animals by adding to their final rule published on January 21, 1998 physical comfort and enhancing their DEPARTMENT OF AGRICULTURE (63 FR 3017–3023, Docket No. 95–100– psychological well-being by reducing stress. One commenter stated that solid Animal and Plant Health Inspection 2, effective February 20, 1998). That resting surfaces are especially beneficial Service final rule amended the requirements for primary enclosures for dogs and cats to to breeding females and their litters to 9 CFR Part 3 prohibit flooring made of wire (i.e., provide a place for the pups to nurse uncoated metal strands 1⁄8 of an inch or and sleep as a group and an area where [Docket No. 98±044±2] less in diameter). The January 21 final they can walk ‘‘without any worry that their feet will slide through or their toes Animal Welfare; Solid Resting rule also added a requirement that the will catch.’’ Two commenters expressed Surfaces for Dogs and Cats suspended floor of any primary enclosure for a dog or cat must be strong the opinion that toy breed dogs housed AGENCY: Animal and Plant Health enough so that the floor does not sag or on mesh or slatted floors should have Inspection Service, USDA. bend. resting boards, as the size of these dogs ACTION: Final rule. puts them in particular danger of Prior to the effective date of the catching a foot in the mesh or slats of SUMMARY: We are adopting as a final January 21 final rule, primary the floor. Another commenter stated rule, without change, an interim rule enclosures for dogs and cats with that large breeds of dogs housed on that amended the regulations under the suspended flooring made of wire were mesh or slatted flooring should have a Animal Welfare Act pertaining to required to include a solid resting solid resting surface, but the commenter primary enclosures for dogs and cats by surface, and primary enclosures with did not provide a reason. One removing the requirement that primary suspended flooring of mesh or slatted commenter stated that, before finalizing enclosures with flooring made of mesh construction using materials other than the interim rule, research should be or slatted construction include a solid wire were not. As a result of an error in done to determine how comfortable resting surface. The interim rule became the final rule, all primary enclosures for flooring of mesh or slatted construction effective on July 14, 1998. The dogs and cats with suspended flooring is for dogs and cats, perhaps by requirement we removed was of mesh or slatted construction were providing dogs and cats kept on such erroneously added in a final rule that required to include a solid resting floors with access to a solid resting amended the requirements for primary surface. One of the purposes of surface and observing where they enclosures for dogs and cats to prohibit requiring a solid resting surface in choose to rest. The commenter further bare wire flooring in such enclosures. enclosures with suspended flooring stated that, before the public can As stated in the subsequent interim rule, made of wire was to provide a relatively provide meaningful comments, our we do not believe that it is necessary for level resting surface for the animals agency needs to describe the types of primary enclosures with acceptable because suspended wire floors tend to mesh and slats that are allowed and flooring of mesh or slatted construction sag and bend. We did not believe that how much of a gap may separate each to include a solid resting surface. it was necessary for primary enclosures strand or slat. Therefore, this action finalizes the of mesh or slatted construction not In response to the comments about removal of an unnecessary and made of wire to include a solid resting the degree of comfort provided by solid unintended requirement. surface. Therefore, we published the resting surfaces and the need for EFFECTIVE DATE: This final rule, which interim rule to remove the requirement research on this issue, we are unaware makes no changes to the July 14, 1998, that primary enclosures with suspended of any relevant scientific data. Our interim rule, is effective May 20, 1999. flooring of mesh or slatted construction Agency bases our regulations on FOR FURTHER INFORMATION CONTACT: Mr. include a solid resting surface. scientific data whenever possible. Stephen Smith, Staff Animal Health Comments on the interim rule were However, in promulgating regulations Technician, Animal Care, APHIS, 4700 required to be received on or before under the AWA, scientific data is often River Road Unit 84, Riverdale, MD September 11, 1998. We received 17 not available, and we must rely on the 20737–1234, (301) 734–4972. comments by that date. They were from knowledge we have gained from our SUPPLEMENTARY INFORMATION: dog breeders, members of the public, considerable experience in AWA and animal welfare organizations. The enforcement. We know from more than Background comments were split evenly in support 30 years of administering the AWA that In an interim rule published in the of or opposition to the interim rule and dogs and cats raised in enclosures with Federal Register on July 13, 1998 (63 FR are discussed below. suspended floors of mesh or slatted

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While we a solid resting surface, presumably replaced when worn or soiled. certainly encourage regulated parties to because of the additional airflow that Many commenters in support of the provide their dogs with as much mesh and slatted flooring allows. interim rule stated that solid resting exercise time as possible, regulated In regard to the comments about surfaces affect the health of puppies and parties would still have to deal with injuries to the feet of dogs and cats kittens by creating a dirtier environment removal of animal waste because § 3.11 housed in primary enclosures with for them as a result of the accumulation of the regulations requires removal of suspended flooring of mesh or slatted of fecal matter. One commenter stated waste from outside runs and pens as construction, we believe that the current that, in the commenter’s experience, well as the entire premises. regulations pertaining to primary most dogs in primary enclosures with Several commenters expressed enclosures for dogs and cats adequately suspended flooring of mesh or slatted concern that the interim rule was address this issue. In § 3.6, paragraph construction that include a solid resting promulgated solely to save regulated (a)(2)(x) states that, among other things, surface will defecate on the resting entities the time and money involved in the enclosures must ‘‘(h)ave floors that surface, thereby defeating the purpose of cleaning the solid resting surfaces. Some are constructed in a manner that using mesh or slatted flooring. commenters stated that the requirement protects the dogs’ and cats’ feet and legs (However, one commenter in opposition for a clean solid resting surface is not from injury, and that, if of mesh or to the interim rule stated that, in the overly burdensome and that the cost slatted construction, do not allow the commenters experience, most caged estimates provided in the interim rule dogs’ and cats’ feet to pass through any animals will not defecate on their for cleaning such surfaces are too high. openings in the floor.’’ We believe that resting surfaces because the surfaces One commenter further stated that these performance-based regulations usually serve as their sleeping areas.) flooring of mesh or slatted construction adequately describe the types of mesh or One commenter stated that the allows only some animal waste to fall slats and sizes of gaps in suspended requirement for a solid resting surface through, so regulated entities are floors of mesh or slatted construction created an unnecessary and unusual already making an investment in that are acceptable to us. We further burden on animal caretakers by making regularly cleaning the cages, and believe that these regulations are it necessary to clean the solid surfaces another commenter stated that the specific enough to prohibit the use of continually to avoid any potential for additional cost of cleaning solid resting flooring materials that could cause foot bacterial infections. A commenter in surfaces would be minimal. and leg injuries. Our inspectors report support of the interim rule suggested to In accordance with Federal law, our that most AWA-licensed dog and cat regulated entities concerned about agency analyzed the potential economic breeders use high-quality coated wire or keeping solid resting surfaces clean and galvanized expanded metal in primary sanitary because of problems associated effects of our rule on small entities. We enclosures with suspended flooring. with the animals’ waste that ‘‘allowing created the cost estimate in the interim In regard to the comment concerning animals sufficient exercise time outside rule for cleaning solid resting surfaces the use of solid resting surfaces in of their cages would reduce the amount based on certain assumptions. We primary enclosures containing breeding of waste an animal would pass in its believe that it is not unrealistic to females and their litters, the cage.’’ assume that it takes 5 minutes to clean requirements just cited in § 3.6 (a)(2)(x) In our experience with AWA each solid resting surface, that labor is apply to puppies and kittens as well. enforcement, we have found that solid paid at a rate of $6 per hour, and that Moreover, our inspectors have found resting surfaces in primary enclosures each resting surface is cleaned once per that many dog breeders place a tublike with suspended flooring for dogs and day. Based on these assumptions, we container in these enclosures to contain cats often become areas where excreta estimated that a dog breeder with 120 the puppies but allow the mother to exit collects. In the AWA regulations enclosures would incur an annual cost and enter. pertaining to the care of dogs and cats, of $21,900 for cleaning solid resting One commenter urged that the use of 3.11(a) requires that ‘‘[e]xcreta and food surfaces. The commenter did not resting surfaces made of wood be waste must be removed from primary provide any specific basis for any prohibited because, being porous, they enclosures for dogs and cats daily and revisions to this analysis. In the absence become damp and hard to disinfect and from under primary enclosures as often of any clear evidence that solid resting dogs chew on them, which can cause as necessary to prevent an excessive surfaces in primary enclosures with injury. accumulation of feces and food waste, to suspended flooring of mesh or slatted We believe that the current prevent soiling of the dogs or cats construction are necessary for the regulations pertaining to primary contained in the primary enclosures, protection of dogs and cats covered by enclosures for dogs and cats are and to reduce disease hazards, insects, the AWA, we do not believe the costs adequate to ensure that wooden resting pests and odors.’’ Even regulated associated with purchasing and cleaning surfaces do not become a source of entities who comply with the the solid resting surfaces would be injury or pose a sanitation hazard for regulations and clean their dog and cat justified. dogs and cats. In § 3.6, paragraph (a)(1) primary enclosures daily cannot ensure Many commenters expressed the states that primary enclosures must be that solid resting surfaces are clean at all opinion that the decision to include a designed and constructed of suitable times. When excreta collect on solid solid resting surface in primary materials so that they are structurally resting surfaces, they become breeding enclosures for dogs and cats should be sound and that primary enclosures must grounds for bacteria and viruses that can left up to the person responsible for be kept in good repair. Paragraph (a)(2) cause serious infections and diseases in caring for the dogs and cats because of § 3.6 states that primary enclosures dogs and cats. In regard to the professional animal caretakers know must be constructed and maintained so suggestion of allowing animals what is best for their animals and will that they (1) have no sharp points or sufficient exercise time outside the provide for their needs.

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In keeping with Federal regulatory rule’s impact on regulated exhibitors is animals from getting wet. Cleaning reform initiatives, we strive to insignificant because most do not resting surfaces can be a costly promulgate performance-based rather exhibit dogs and cats. Registered undertaking, largely because it is labor than engineering-based requirements carriers and intermediate handlers are intensive. For a dog breeder with 120 whenever possible and to work with also largely unaffected because they enclosures, for example, the annual cost regulated entities to help them gain and only transport animals so they do not is conservatively estimated at $21,900 maintain compliance with the AWA. maintain ‘‘primary’’ enclosures for per year. This estimate assumes that: (1) We believe that the decision of whether regulated animals. Each resting surface is cleaned once to include solid resting surfaces in the The number of dealers and research each day; (2) it takes 5 minutes to clean primary enclosures of dogs and cats can facilities that are considered small each resting surface; and (3) labor is best be determined by the AWA entities under U.S. Small Business paid at a rate of $6 per hour. licensees themselves. Administration (SBA) standards is Therefore, for the reasons given in the unknown because information as to The impact of the rule on individual interim rule and in this document, we their size (in terms of gross receipts or entities will vary, depending on the are adopting the interim rule as a final number of employees) is not available. number of enclosures maintained. rule. However, it is reasonable to assume that However, the impact of the rule on all most are small in size, based on regulated entities will be beneficial. Executive Order 12866 and Regulatory composite data for providers of the same Under these circumstances, the Flexibility Act and similar services in the United Administrator of the Animal and Plant This rule has been reviewed under States. In 1992, the per-firm average Health Inspection Service has Executive Order 12866. The rule has gross receipts for all 6,804 firms in SIC determined that this action will not been determined to be not significant for (Standard Industrial Classification) have a significant economic impact on the purposes of Executive Order 12866 0752, which includes dog and cat a substantial number of small entities. and, therefore, has not been reviewed by breeders, was $115,290, well below the the Office of Management and Budget. SBA’s small entity threshold of $5 Executive Order 12372 This rule removes a requirement million. Similarly, the 1992 per- This program/activity is listed in the under the Animal Welfare Act (AWA) establishment average employment for Catalog of Federal Domestic Assistance regulations that primary enclosures all 3,826 U.S. establishments in SIC under No. 10.025 and is subject to used for dogs and cats and having 8731, which includes research facilities, Executive Order 12372, which requires suspended flooring of mesh or slatted was 29, well below the SBA’s small intergovernmental consultation with construction include solid resting entity threshold of 500 employees. It is State and local officials. (See 7 CFR part surfaces. Promulgated in error, this very likely, therefore, that small entities 3015, subpart V.) requirement has placed an unnecessary will be the principal beneficiaries of the and unintentional burden on regulated rule. Executive Order 12988 entities. As explained below, this rule Solid resting surfaces used in dog and will benefit entities who house dogs and cat primary enclosures are made of a This final rule has been reviewed cats in primary enclosures that have variety of materials, including under Executive Order 12988, Civil suspended flooring of mesh or slatted fiberglass, galvanized metal, or wood, Justice Reform. It is not intended to construction. These regulated entities but the most common material used is have retroactive effect. This rule would will avoid the cost of purchasing the rubber matting. The average cost of such not preempt any State or local laws, resting surfaces, as well as the cost of surfaces is minimal—about $5 per regulations, or policies, unless they cleaning those surfaces following enclosure. The resting surfaces are present an irreconcilable conflict with installation. However, the rule does not usually not affixed to the enclosures; this rule. The Act does not provide preclude regulated entities who wish to they are simply placed on top of the administrative procedures which must provide such surfaces for their animals suspended flooring, so as to allow for be exhausted prior to a judicial from doing so. easy removal and cleaning. For that challenge to the provisions of this rule. The Regulatory Flexibility Act reason, there is virtually no labor cost Paperwork Reduction Act requires that agencies consider the associated with the installation of such economic impact of rules on small surfaces. Thus, if a breeder had to install This rule contains no information entities. This rule will primarily affect resting surfaces in 120 enclosures, the collection or recordkeeping animal dealers and research facilities total cost would be about $600. requirements under the Paperwork licensed or registered under the AWA. However, solid resting surfaces have to Reduction Act of 1995 (44 U.S.C. 3501 The exact number of entities affected by be replaced over time. The replacement et seq.). the rule is unknown because the rate is unknown and depends on the number of AWA licensees and type of material used. Those resting List of Subjects in 9 CFR Part 3 registrants who house dogs and cats in surfaces made of fiberglass or Animal welfare, Marine mammals, primary enclosures that have suspended galvanized metal, for example, have to Pets, Reporting and recordkeeping floors of mesh or slatted construction is be replaced less frequently than those requirements, Research, Transportation. unknown. However, it is estimated that made of wood. As a result of the rule, affected entities will avoid this ongoing roughly half of the 4,265 licensed PART 3ÐSTANDARDS dealers and many of the 2,506 registered replacement cost. research facilities will be affected.1 The Resting surfaces are usually cleaned by hosing them down. They are cleaned Accordingly, we are adopting as a final rule, without change, the interim 1 In FY96, 10,366 facilities were licensed or outside the enclosures, to prevent the registered under the AWA. Of those facilities, 4,265 rule that amended 9 CFR 3 and that was were licensed dealers, 2,422 were licensed research facilities (2,506), carriers and intermediate published at 63 FR 37480–37482 on July exhibitors, and 3,679 were registrants. The dealers handlers (1,142), and exhibitors (31). As used here, 13, 1998. are subdivided into two classes. Class A dealers the term ‘‘facilities’’ represents sites, the physical (3,043) breed animals, and Class B dealers (1,222) location where animals are housed. Some licensees Authority: 7 U.S.C. 2131–2159; 7 CFR 2.22, serve as animal brokers. The registrants comprise and registrants have more than one site. 2.80, and 371.2(d).

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Done in Washington, DC, this 15th day of exist on BHTC Model 230 helicopters. with an airworthy part is required. This April 1999. Transport Canada advises that fatigue AD also requires verifying the torque on Joan M. Arnoldi, cracks at the bolt holes of the pitch horn the main rotor grip retaining bolts and Acting Administrator, Animal and Plant and in the flapping bearing assembly the flapping bearing assembly retaining Health Inspection Service. can lead to loss of control of the bolts. The short compliance time [FR Doc. 99–9847 Filed 4–19–99; 8:45 am] helicopter. involved is required because the BILLING CODE 3410±34±P BHTC issued Alert Service Bulletin previously described critical unsafe No. 230–98–13, dated April 23, 1998 condition can adversely affect the (ASB), which specifies inspecting the controllability of the helicopter. DEPARTMENT OF TRANSPORTATION main rotor hub in the areas between the Therefore, a visual inspection of the pitch horn and main rotor grip tangs main rotor hub between the pitch horn Federal Aviation Administration (grip tangs) and between the flapping and grip tangs and the flapping bearing bearing assembly and the main rotor assembly and the main rotor yoke 14 CFR Part 39 yoke assembly for fretting. The ASB also assembly for fretting is required. A [Docket No. 98±SW±48±AD; Amendment specifies torque verification procedures torque check of the main rotor grip 39±11137; AD 99±09±05] for the main rotor grip retaining bolts retaining bolts and the flapping bearing and the flapping bearing assembly assembly retaining bolts is also RIN 2120±AA64 retaining bolts. Transport Canada required. These actions are required classified this ASB as mandatory and within 10 hours TIS and this AD must Airworthiness Directives; Bell issued Transport Canada AD CF–98–17, be issued immediately. Helicopter Textron Canada (BHTC) dated July 15, 1998, to ensure the Since a situation exists that requires Model 230 Helicopters continued airworthiness of these the immediate adoption of this AGENCY: Federal Aviation helicopters in Canada. regulation, it is found that notice and Administration, DOT. This helicopter model is opportunity for prior public comment manufactured in Canada and is type ACTION: Final rule; request for hereon are impracticable, and that good comments. certificated for operation in the United cause exists for making this amendment States under the provisions of section effective in less than 30 days. SUMMARY: 21.29 of the Federal Aviation This amendment adopts a Comments Invited new airworthiness directive (AD) that is Regulations (14 CFR 21.29) and the applicable to BHTC Model 230 applicable bilateral airworthiness Although this action is in the form of helicopters. This action requires initial agreement. Pursuant to this bilateral a final rule that involves requirements and repetitive visual inspections and airworthiness agreement, Transport affecting flight safety and, thus, was not verification of the torque of the bolts on Canada has kept the FAA informed of preceded by notice and an opportunity the main rotor hub. This amendment is the situation described above. The FAA for public comment, comments are prompted by a report of fatigue cracks has examined the findings of Transport invited on this rule. Interested persons around the bolt holes of the main rotor Canada, reviewed all available are invited to comment on this rule by pitch horn (pitch horn) and a cracked information, and determined that AD submitting such written data, views, or main rotor flapping bearing assembly action is necessary for products of this arguments as they may desire. (flapping bearing assembly) on a similar type design that are certificated for Communications should identify the model helicopter. This condition, if not operation in the United States. Rules Docket number and be submitted corrected, could result in fretting- The FAA estimates that 17 helicopters in triplicate to the address specified induced fatigue cracking of the flapping will be affected by this AD, that it will under the caption ADDRESSES. All bearing assembly and around the bolt take approximately 1 work hour to communications received on or before holes of the pitch horn, loss of the rotor accomplish the inspection and retorque the closing date for comments will be system, and subsequent loss of control of bolts, if necessary, and that the considered, and this rule may be of the helicopter. average labor rate is $60 per work hour. amended in light of the comments Based on these figures, the total cost received. Factual information that DATES: Effective May 5, 1999. impact of the AD on U.S. operators is Comments for inclusion in the Rules supports the commenter’s ideas and estimated to be $3,060 per year, Docket must be received on or before suggestions is extremely helpful in assuming three inspections and June 21, 1999. evaluating the effectiveness of the AD retorques per year and assuming that no action and determining whether ADDRESSES: Submit comments in parts will need to be replaced. additional rulemaking action would be triplicate to the Federal Aviation Since an unsafe condition has been needed. Administration (FAA), Office of the identified that is likely to exist or Comments are specifically invited on Regional Counsel, Southwest Region, develop on other BHTC Model 230 the overall regulatory, economic, Attention: Rules Docket No. 98–SW–48– helicopters of the same type design environmental, and energy aspects of AD, 2601 Meacham Blvd., Room 663, registered in the United States, this AD the rule that might suggest a need to Fort Worth, Texas 76137. is being issued to prevent fretting modify the rule. All comments FOR FURTHER INFORMATION CONTACT: induced fatigue cracking of the flapping submitted will be available, both before Harry Edmiston, Aerospace Engineer, bearing assembly and around the bolt and after the closing date for comments, Rotorcraft Certification Office, holes of the pitch horn, loss of the rotor in the Rules Docket for examination by Rotorcraft Directorate, FAA, 2601 system, and subsequent loss of control interested persons. A report that Meacham Blvd., Fort Worth, Texas of the helicopter. This AD requires summarizes each FAA-public contact 76137, telephone (817) 222–5158, fax recurring inspections of the main rotor concerned with the substance of this AD (817) 222–5783. hub in the areas between the pitch horn will be filed in the Rules Docket. SUPPLEMENTARY INFORMATION: Transport and grip tangs and between the flapping Commenters wishing the FAA to Canada, which is the airworthiness bearing assembly and the main rotor acknowledge receipt of their comments authority for Canada, recently notified yoke assembly for fretting. If fretting is submitted in response to this rule must the FAA that an unsafe condition may found on any part, replacing that part submit a self-addressed, stamped

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For helicopters that have been modified, May 5, 1999. altered, or repaired so that the performance Note 4: The subject of this AD is addressed returned to the commenter. of the requirements of this AD is affected, the The regulations adopted herein will in Transport Canada (Canada) AD CF–98–17, owner/operator must request approval for an dated July 15, 1998. not have substantial direct effects on the alternative method of compliance in Issued in Fort Worth, Texas, on April 13, States, on the relationship between the accordance with paragraph (b) of this AD. 1999. national government and the States, or The request should include an assessment of on the distribution of power and the effect of the modification, alteration, or Eric Bries, responsibilities among the various repair on the unsafe condition addressed by Acting Manager, Rotorcraft Directorate, levels of government. Therefore, in this AD; and, if the unsafe condition has not Aircraft Certification Service. been eliminated, the request should include [FR Doc. 99–9825 Filed 4–19–99; 8:45 am] accordance with Executive Order 12612, specific proposed actions to address it. it is determined that this final rule does BILLING CODE 4910±13±U Compliance: Required as indicated, unless not have sufficient federalism accomplished previously. implications to warrant the preparation To prevent fretting induced fatigue DEPARTMENT OF TRANSPORTATION of a Federalism Assessment. cracking of the main rotor flapping bearing The FAA has determined that this assembly (flapping bearing assembly) and Federal Aviation Administration regulation is an emergency regulation around the bolt holes of the main rotor pitch that must be issued immediately to horn (pitch horn), loss of the rotor system, 14 CFR Part 71 correct an unsafe condition in aircraft and subsequent loss of control of the and that it is not a ‘‘significant helicopter, accomplish the following: [Airspace Docket No. 99±AAL±1] (a) Within 10 hours time-in-service (TIS), regulatory action’’ under Executive and thereafter at intervals not to exceed 150 Revision of Class D Airspace; Order 12866. It has been determined hours TIS: Fairbanks, Eielson Air Force Base further that this action involves an (1) Perform a visual inspection of the main (AFB), AK; Revision and Establishment emergency regulation under DOT rotor hub for fretting between the pitch horn of Class E Airspace; Fairbanks, Regulatory Policies and Procedures (44 and main rotor grip tangs (grip tangs) and Eielson AFB, AK FR 11034, February 26, 1979). If it is between the flapping bearing assembly and determined that this emergency the main rotor yoke assembly. If fretting is AGENCY: Federal Aviation regulation otherwise would be found on any part, replace it with an Administration (FAA), DOT. significant under DOT Regulatory airworthy part. (2) Verify the torque of the main rotor grip ACTION: Final rule. Policies and Procedures, a final retaining bolts and the flapping bearing regulatory evaluation will be prepared assembly bolts in the tightening direction, SUMMARY: This action revises Class D and placed in the Rules Docket. A copy minimum 100 foot-pounds. If 100 foot- airspace operational times, revises and of it, if filed, may be obtained from the pounds torque is reached without movement revokes current Class E airspace, and Rules Docket at the location provided of the bolts, torque bolts to 125 foot-pounds. establishes additional Class E airspace under the caption ADDRESSES. (3) If any bolt moves before 100 foot- at Eielson AFB, AK. The United States pounds torque is reached, remove the pitch Air Force (USAF) requested this action List of Subjects in 14 CFR Part 39 horn or the flapping bearing assembly, as in response to (1) a critical Air Traffic Air transportation, Aircraft, Aviation applicable, from the main rotor hub assembly Control (ATC) controller shortage safety, Safety. for further inspection. Inspect the pitch horn throughout the USAF and (2) an or flapping bearing assembly, as applicable, airspace review after redesigning their Adoption of the Amendment and all faying surfaces of the pitch horn, flapping bearing assembly, buffers, main instrument approaches. Adoption of this Accordingly, pursuant to the rotor yoke assembly, and the grip tangs for proposal would result in the provision authority delegated to me by the fretting. If fretting is found on any part, of a part time operation of the Class D Administrator, the Federal Aviation replace it with an airworthy part. airspace; revision of the current Class E Administration amends part 39 of the (4) Apply corrosion preventive compound airspace; and when the tower is closed, Federal Aviation Regulations (14 CFR to the exposed portions of the bolts and nuts. establishment of additional Class E part 39) as follows: Note 2: Bell Helicopter Textron Alert airspace for Instrument Flight Rules Service Bulletin No. 230–98–13, dated April (IFR) and Special Visual Flight Rules PART 39ÐAIRWORTHINESS 23, 1998, pertains to the subject of this AD. (VFR) operations at Eielson AFB, AK. DIRECTIVES (b) An alternative method of compliance or EFFECTIVE DATE: 0901 UTC, July 15, adjustment of the compliance time that 1. The authority citation for part 39 provides an acceptable level of safety may be 1999. continues to read as follows: used if approved by the Manager, Rotorcraft FOR FURTHER INFORMATION CONTACT: Authority: 49 U.S.C. 106(g), 40113, 44701. Certification Office, FAA, Rotorcraft Derril Bergt, Operations Branch, AAL– Directorate. Operators shall submit their 535, Federal Aviation Administration, § 39.13 [Amended] requests through an FAA Principal 222 West 7th Avenue, Box 14, 2. Section 39.13 is amended by Maintenance Inspector, who may concur or Anchorage, AK 99513–7587; telephone adding a new airworthiness directive to comment and then send it to the Manager, number (907) 271–2796; fax: (907) 271– Rotorcraft Certification Office. read as follows: 2850; email: [email protected]. Note 3: Information concerning the Internet address: http:// AD 99–09–05 Bell Helicopter Textron existence of approved alternative methods of Canada: Amendment 39–11137. Docket compliance with this AD, if any, may be www.alaska.faa.gov/at or at address No. 98–SW–48–AD. obtained from the Rotorcraft Certification http://162.58.28.41/at. Applicability: Model 230 helicopters, serial Office. SUPPLEMENTARY INFORMATION: numbers 23001 through 23038, certificated in (c) Special flight permits may be issued in History any category. accordance with sections 21.197 and 21.199 Note 1: This AD applies to each helicopter of the Federal Aviation Regulations (14 CFR On February 1, 1999, a proposal to identified in the preceding applicability 21.197 and 21.199) to operate the helicopter amend part 71 of the Federal Aviation

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Regulations (14 CFR part 71) to allow AK [Revoked].’’ Additionally, the does not warrant preparation of a the USAF to revise Class D airspace verbiage ‘‘This Class E airspace area is regulatory evaluation as the anticipated operational times, modify existing Class effective during the specific dates and impact is so minimal. Since this is a E airspace, and establish additional times established in advance by a Notice routine matter that will only affect air Class E airspace for IFR and Special to Airmen. The effective date and time traffic procedures and air navigation, it VFR operations when the Class D will thereafter be continuously is certified that this rule, when airspace is inactive at Eilson AFB, AK published in the Airport/Facility promulgated, will not have a significant was published in the Federal Register Directory’’ was inadvertently omitted economic impact on a substantial (64 FR 4793). This rule is necessary due from the Class E airspace description. number of small entities under the to a critical ATC controller shortage and This verbiage is required because the criteria of the Regulatory Flexibility Act. a redesign of the required airspace for time of activation is not continuous, 24 IFR operations. This action decreases hours a day. The Federal Aviation List of Subjects in 14 CFR Part 71 the physical dimensions of the Class D Administration has determined that Airspace, Incorporation by reference, airspace from a 5.2 mile radius to a 4.7 these changes are editorial in nature and Navigation (air). mile radius. The following phraseology will not increase the scope of this rule. Adoption of the Amendment will be added to the end of the Class D Except for the non-substantive change airspace description: ‘‘This Class D just discussed, the rule is adopted as In consideration of the foregoing, the airspace area is effective during the written. Federal Aviation Administration specific dates and times established in The area would be depicted on amends 14 CFR part 71 as follows: advance by a Notice to Airmen. The aeronautical charts for pilot reference. effective date and time will thereafter be The coordinates for this airspace docket PART 71ÐDESIGNATION OF CLASS A, continuously published in the Airport/ are based on North American Datum 83. CLASS B, CLASS C, CLASS D, AND Facility Directory.’’ This action allows The Class D airspace areas are published CLASS E AIRSPACE AREAS; part time operation of the Airport in paragraph 5000, Class E airspace AIRWAYS; ROUTES; AND REPORTING Traffic Control Tower (ATCT) at Eielson areas designated as a surface area are POINTS published in paragraph 6002, Class E AFB, AK. The USAF plans for the 1. The authority citation for 14 CFR Eielson AFB tower to be closed between airspace areas extending upward from part 71 continues to read as follows: 2300 and 0700 (local times). During this the surface designated as an extension closure, the Class D airspace will to a Class D or Class E surface area are Authority: 49 U.S.C. 106(g), 40103, 40113, convert to Class E airspace which this published in paragraph 6004, and Class 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– rule is establishing for IFR and Special E airspace areas extending upward from 1963 Comp., p. 389. VFR operations. The existing Class E 700 feet or more above the surface of the § 71.1 [Amended] earth are published in paragraph 6005 airspace is revised to eliminate 2. The incorporation by reference in in FAA Order 7400.9F, Airspace extensions and the result is a single 7.2 14 CFR 71.1 of Federal Aviation Designations and Reporting Points, mile radius circle of Eielson AFB. Administration Order 7400.9F, Airspace The Eielson AFB mission has changed dated September 10, 1998, and effective Designations and Reporting Points, in recent years. Present flight operations September 16, 1998, which is dated September 10, 1998, and effective rarely exceed 16 hours per day, and incorporated by reference in 14 CFR September 16, 1998, is amended as quiet hours are in effect from 2200 to 71.1 (63 FR 50139; September 21, 1998). 0700 local times. Less than one percent The Class D and Class E airspace listed follows: of annual flight traffic occurs during the in this document will be revised, Paragraph 5000 Class D Airspace. planned closure times. Eielson AFB revoked, and published in the Order. * * * * * base operations and the runway will The Rule remain a 24-hour facility. Eielson Tower AAL AK D Fairbanks, Eielson AFB, AK [Revised] will retain sufficient personnel to revert This amendment to 14 CFR part 71 allows the USAF to revise the Class D Fairbanks, Eielson AFB, AK to 24-hour operations in the event of a ° ′ ′′ ° ′ ′′ contingency. Air traffic controllers will airspace operational times at Eielson (Lat. 64 39 56 N, long. 147 06 05 W) be on a standby schedule to provide on- AFB, AK, revokes Class E surface area That airspace extending upward from the call services to North American Defense extensions, revises the existing Class E surface to and including 3,000 feet MSL (NORAD) missions, approved arrivals airspace, and establishes Class E within a 4.7-mile radius of Eielson AFB. This airspace for IFR and Special VFR Class D airspace area is effective during the and departures, and emergency diverts. specific dates and times established in The USAF intends to meet all criteria to operations when the Class D airspace is advance by a Notice to Airmen. The effective remain a viable alternate airport. inactive. The intended effect of this date and time will thereafter be continuously Interested parties were invited to action is to provide the USAF the published in the Airport/Facility Directory. participate in this rulemaking by flexibility to adjust the operational time * * * * * submitting written comments on the of the Eielson AFB Tower and make proposal to the FAA. No public revisions to the Class E airspace at Paragraph 6002 Class E airspace designated comments to the proposal were Eielson AFB, AK. as surface areas. received. However, while stating the The FAA has determined that these * * * * * extensions will be eliminated, the actions only involve an established AAL AK E2 Fairbanks, Eielson AFB, AK reference for the Eielson AFB Class E body of technical regulations for which [New] airspace extensions was inadvertently frequent and routine amendments are Fairbanks, Eielson AFB, AK omitted. The following verbiage has necessary to keep them operationally (Lat. 64°39′56′′ N, long. 147°06′05′′ W) been added to the rule, ‘‘Class E current. It, therefore—(1) is not a That airspace extending upward from the airspace areas extending upward from ‘‘significant regulatory action’’ under surface to and including 3,000 feet MSL the surface designated as an extension Executive Order 12866; (2) is not a within a 4.7-mile radius of Eielson AFB. This to a Class D or Class E surface area are ‘‘significant rule’’ under DOT Class E airspace area is effective during the published in paragraph 6004,’’ and Regulatory Policies and Procedures (44 specific dates and times established in ‘‘AAL AK E4 Fairbanks, Eielson AFB, FR 11034; February 26, 1979); and (3) advance by a Notice to Airmen. The effective

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AAL AK E4 Fairbanks, Eielson AFB, AK necessary due to the establishment of [Revoked] MLS instrument approaches to RWY 05. Adoption of the Amendment * * * * * Interested parties were invited to In consideration of the foregoing, the participate in this rulemaking Paragraph 6005 Class E airspace areas Federal Aviation Administration proceeding by submitting written amends 14 CFR part 71 as follows: extending upward from 700 feet or more comments on the proposal to the FAA. above the surface of the earth. No public comments to the proposal PART 71ÐDESIGNATION OF CLASS A, * * * * * were received, however the coordinates CLASS B, CLASS C, CLASS D, AND AAL AK E5 Fairbanks, Eielson AFB, AK for Port Heiden Airport were published CLASS E AIRSPACE AREAS; [Revised] with errors. The latitude coordinates are AIRWAYS; ROUTES; AND REPORTING Fairbanks, Eielson AFB, AK corrected to read: Lat. 56°57′34′′ and the POINTS (Lat. 64°39′56′′ N, long. 147°06′05′′ W) longitude coordinates are corrected to 1. The authority citation for 14 CFR That airspace extending upward from 700 read: long. 158°37′55′′. The Federal part 71 continues to read as follows: feet above the surface within a 7.2-mile Aviation Administration has radius of Eielson AFB. determined that these changes are Authority: 49 U.S.C. 106(g), 40103, 40113, * * * * * editorial in nature and will not increase 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– Issued in Anchorage, AK, on April 9, 1999. the scope of this rule. Except for the 1963 Comp., p. 389. Willis C. Nelson, non-substantive change just discussed, § 71.1 [Amended] Manager, Air Traffic Division, Alaskan the rule is adopted as written. Region. The area will be depicted on 2. The incorporation by reference in [FR Doc. 99–9780 Filed 4–19–99; 8:45 am] aeronautical charts for pilot reference. 14 CFR 71.1 of Federal Aviation Administration Order 7400.9F, Airspace BILLING CODE 4910±13±M The coordinates for this airspace docket are based on North American Datum 83. Designations and Reporting Points, The Class E airspace areas designated as dated September 10, 1998, and effective DEPARTMENT OF TRANSPORTATION 700/1200 foot transition areas are September 16, 1998, is amended as published in paragraph 6005 of FAA follows: Federal Aviation Administration Order 7400.9F, Airspace Designations Paragraph 6005 Class E airspace areas and Reporting Points, dated September extending upward from 700 feet or more 14 CFR Part 71 10, 1998, and effective September 16, above the surface of the earth. [Airspace Docket No. 98±AAL±25] 1998, which is incorporated by * * * * * reference in 14 CFR 71.1 (63 FR 50139; AAL AK E5 Port Heiden, AK [Revised] Revision of Class E Airspace; Port September 21, 1998). The Class E Heiden, AK airspace designations listed in this Port Heiden Airport, AK (Lat. 56°57′34′′ N., long. 158°37′55′′ W.) document will be revised and published AGENCY: Federal Aviation Port Heiden NDB Administration (FAA), DOT. subsequently in the Order. (Lat. 56°57′15′′ N., long. 158°38′56′′ W.) Turnbull VOR/DME ACTION: Final rule. The Rule (Lat. 56°57′04′′ N., long. 158°38′27′′ W.) This amendment to 14 CFR part 71 SUMMARY: This rule modifies Class E That airspace extending upward from 700 airspace at Port Heiden, AK. The revises the Class E airspace at Port feet above the surface within a 6.9-mile establishment of a new Micowave Heiden, AK, due to the establishment of radius of the Port Heiden Airport, and within MLS instrument approaches to RWY 05. 4 miles north and 8 miles south of the Port Landing System (MLS) instrument Heiden NDB 248° bearing extending from the approaches to runway (RWY) 05 at Port The intended effect of this action is to provide adequate controlled airspace for NDB to 20 miles west, and within 8 miles Heiden, AK, made this action necessary. west and 4 miles east of the Port Heiden NDB Adoption of this proposal will provide IFR operations at Port Heiden, AK. 339° bearing extending from the NDB to 20 adequate controlled airspace for The FAA has determined that this miles northwest; and that airspace extending Instrument Flight Rules (IFR) operations action only involves an established upward from 1200 feet above the surface at Port Heiden, AK. body of technical regulations for which within 13 miles west and 4 miles east of the frequent and routine amendments are Port Heiden NDB 339° bearing extending EFFECTIVE DATE: 0901 UTC, July 15, necessary to keep them operationally from the NDB to 25 miles north, and within 1999. 17 miles of the Turnbull VOR/DME current. It, therefore—(1) is not a ° FOR FURTHER INFORMATION CONTACT: ‘‘significant regulatory action’’ under extending clockwise from the 213 radial to the 074° radial, and within 9 miles north of Robert van Haastert, Operations Branch, Executive Order 12866; (2) is not a ° AAL–538, Federal Aviation the Port Heiden NDB 248 bearing extending ‘‘significant rule’’ under DOT from the NDB to 24 miles west. Administration, 222 West 7th Avenue, Regulatory Policies and Procedures (44 * * * * * Box 14, Anchorage, AK 99513–7587; FR 11034; February 26, 1979); and (3) telephone number (907) 271–5863; fax: does not warrant preparation of a Issued in Anchorage, AK, on April 9, 1999. (907) 271–2850; email: regulatory evaluation as the anticipated Willis C. Nelson, [email protected]. Internet impact is so minimal. Since this is a Manager, Air Traffic Division, Alaskan address: http://162.58.28.41/at or at routine matter that will only affect air Region. address http://www.alaska.faa.gov/at. traffic procedures and air navigation, it [FR Doc. 99–9779 Filed 4–19–99; 8:45 am] SUPPLEMENTARY INFORMATION: is certified that this rule, when BILLING CODE 4910±13±P

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DEPARTMENT OF TRANSPORTATION document will be revised and published (Lat. 63°46′00′′ N., long. 171°43′58′′ W.) subsequently in the Order. Gambell NDB/DME Federal Aviation Administration (Lat. 63°46′55′′ N., long. 171°44′12′′ W.) The Rule That airspace extending upward from 700 14 CFR Part 71 This amendment to 14 CFR part 71 feet above the surface within a 6.4-mile radius of the Gambell Airport and within 4 [Airspace Docket No. 98±AAL±20] revises the Class E airspace at Gambell, AK, due to the establishment of GPS miles each side of the 174° bearing of the Revision of Class E Airspace; Gambell, instrument approaches to RWY 16 and Gambell NDB/DME extending from the NDB/ RWY 34. The intended effect of this DME to 23 miles south of the NDB/DME and AK within 4 miles each side of the Gambell action is to provide adequate controlled NDB/DME 354° bearing extending from the AGENCY: Federal Aviation airspace for IFR operations at Gambell, Administration (FAA), DOT. 6.4-mile radius to 10.6 miles north of the AK. airport; and that airspace extending upward ACTION: Final rule. The FAA has determined that this from 1,200 feet above the surface within 8 action only involves an established miles west and 4 miles east of the 354° SUMMARY: This rule modifies Class E body of technical regulations for which bearing of the Gambell NDB/DME extending airspace at Gambell, AK. The frequent and routine amendments are from the NDB/DME to 16 miles north of the establishment of Global Positioning necessary to keep them operationally NDB/DME and within 25 miles of the NDB/ ° ° System (GPS) instrument approaches to current. It, therefore—(1) is not a DME clockwise between the 006 and 227 runway (RWY) 16 and RWY 34 at ‘‘significant regulatory action’’ under bearings of the NDB/DME. Gambell, AK, made this action Executive Order 12866; (2) is not a * * * * * necessary. Adoption of this proposal ‘‘significant rule’’ under DOT Issued in Anchorage, AK, on April 9, 1999. will provide adequate controlled Regulatory Policies and Procedures (44 Willis C. Nelson airspace for Instrument Flight Rules FR 11034; February 26, 1979); and (3) (IFR) operations at Gambell, AK. Manager, Air Traffic Division, Alaskan does not warrant preparation of a Region. EFFECTIVE DATE: 0901 UTC, July 15, regulatory evaluation as the anticipated 1999. [FR Doc. 99–9775 Filed 4–19–99; 8:45 am] impact is so minimal. Since this is a BILLING CODE 4910±13±P FOR FURTHER INFORMATION CONTACT: routine matter that will only affect air Robert van Haastert, Operations Branch, traffic procedures and air navigation, it AAL–538, Federal Aviation is certified that this rule, when DEPARTMENT OF TRANSPORTATION Administration, 222 West 7th Avenue, promulgated, will not have a significant Box 14, Anchorage, AK 99513–7587; economic impact on a substantial Federal Aviation Administration telephone number (907) 271–5863; fax: number of small entities under the (907) 271–2850; email: criteria of the Regulatory Flexibility Act. 14 CFR Part 71 [email protected]. Internet List of Subjects in 14 CFR Part 71 address: http://162.58.28.41/at or at [Airspace Docket No. 98±AAL±21] address http://www.alaska.faa.gov/at. Airspace, Incorporation by reference, SUPPLEMENTARY INFORMATION: Navigation (air). Establishment of Class E Airspace; Barter Island, AK History Adoption of the Amendment On February 1, 1999, a proposal to In consideration of the foregoing, the AGENCY: Federal Aviation amend part 71 of the Federal Aviation Federal Aviation Administration Administration (FAA), DOT. Regulations (14 CFR part 71) to revise amends 14 CFR part 71 as follows: ACTION: Final rule. the Class E airspace at Gambell, AK, was published in the Federal Register (64 PART 71Ð DESIGNATION OF CLASS SUMMARY: This action establishes Class FR 4799). The proposal was necessary A, CLASS B, CLASS C, CLASS D, AND CLASS E AIRSPACE AREAS; E airspace at Barter Island, AK. The due to the establishment of GPS establishment of Global Positioning instrument approaches to RWY 16 and AIRWAYS; ROUTES; AND REPORTING POINTS System (GPS) and Nondirectional RWY 34. Radion Beacon (NDB) instrument Interested parties were invited to 1. The authority citation for 14 CFR approaches to runway (RWY) 06 and participate in this rulemaking part 71 continues to read as follows: RWY 24 at Barter Island, AK, have made proceeding by submitting written Authority: 49 U.S.C. 106(g), 40103, 40113, this action necessary. Adoption of this comments on the proposal to the FAA. 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– proposal will provide adequate No public comments to the proposal 1963 Comp., p. 389. controlled airspace for Instrument Flight were received, thus the rule is adopted Rules (IFR) operations at Barter Island, as written. § 71.1 [Amended] AK. The area will be depicted on 2. The incorporation by reference in aeronautical charts for pilot reference. 14 CFR 71.1 of Federal Aviation EFFECTIVE DATE: 0901 UTC, July 15, The coordinates for this airspace docket Administration Order 7400.9F, Airspace 1999. are based on North American Datum 83. Designations and Reporting Points, FOR FURTHER INFORMATION CONTACT: The Class E airspace areas designated as dated September 10, 1998, and effective Robert van Haastert, Operations Branch, 700/1200 foot transition areas are September 16, 1998, is amended as AAL–538, Federal Aviation published in paragraph 6005 of FAA follows: Administration, 222 West 7th Avenue, Order 7400.9F, Airspace Designations Paragraph 6005 Class E airspace areas Box 14, Anchorage, AK 99513–7587; and Reporting Points, dated September extending upward from 700 feet or more telephone number: (907) 271–5863; 10, 1998, and effective September 16, above the surface of the earth. email: [email protected]; 1998, which is incorporated by * * * * * Internet: http://www.alaska.faa.gov/at or reference in 14 CFR 71.1 (63 FR 50139; at http://162.58.28.41/at. September 21, 1998). The Class E AAL AK E5 Gambell, AK [Revised] airspace designations listed in this Gambell Airport, AK SUPPLEMENTARY INFORMATION:

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History PART 71Ð DESIGNATION OF CLASS runway (RWY) 07 and RWY 25 at A, CLASS B, CLASS C, CLASS D, AND Soldotna, AK, have made this action On December 16, 1998, a proposal to CLASS E AIRSPACE AREAS; necessary. Adoption of this proposal amend part 71 of the Federal Aviation AIRWAYS; ROUTES; AND REPORTING will provide adequate controlled Regulations (14 CFR part 71) to establish POINTS airspace for Instrument Flight Rules Class E airspace at Barter Island, AK, (IFR) operations at Soldotna, AK. was published in the Federal Register 1. The authority citation for 14 CFR EFFECTIVE DATE: 0901 UTC, July 15, (63 FR 69230). The proposal was part 71 continues to read as follows: 1999. necessary to due to the establishment of Authority: 49 U.S.C. 106(g), 40103, 40113, FOR FURTHER INFORMATION CONTACT: GPS instrument approaches to RWY 06 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– Robert van Haastert, Operations Branch, and RWY 24. The effect of this proposal 1963 Comp., p. 389. AAL–538, Federal Aviation is to provide adequate controlled § 71.1 [Amended] Administration, 222 West 7th Avenue, airspace for IFR operations at Barter Box 14, Anchorage, AK 99513–7587; Island, AK. 2. The incorporation by reference in 14 CFR 71.1 of Federal Aviation telephone number: (907) 271–5863; Interested parties were invited to Administration Order 7400.9F, Airspace email: [email protected]; participate in this rulemaking Designations and Reporting Points, Internet: http://www.alaska.faa.gov/at or proceeding by submitting written dated September 10, 1998, and effective at http://162.58.28.41/at. comments on the proposal to the FAA. September 16, 1998, is amended as SUPPLEMENTARY INFORMATION: No public comments to the proposal follows: were received, thus the rule is adopted History as written. Paragraph 6005 Class E airspace areas On December 16, 1998, a proposal to extending upward from 700 feet or more The area will be depicted on above the surface of the earth. amend part 71 of the Federal Aviation Regulations (14 CFR part 71) to revise aeronautical charts for pilot reference. * * * * * The coordinates for this airspace docket the Class E airspace at Soldotna, AK, are based on North American Datum 83. AAL AK E5 Barter Island, AK [New ] was published in the Federal Register The Class E airspace areas designated as Barter Island Airport, AK (63 FR 69231). The proposal was a 700/1200 foot transition area, are (Lat. 70°08′02′′ N., long. 143°34′55′′ W.) necessary due to the establishment of published in paragraph 6005 in FAA Barter Island NDB GPS instrument approaches to RWY 07 ° ′ ′′ ° ′ ′′ Order 7400.9F, Airspace Designations (Lat. 70 07 50 N., long. 143 38 38 W.) and RWY 25. The effect of this proposal and Reporting Points, dated September That airspace extending upward from 700 is to provide adequate controlled 10, 1998, and effective September 16, feet above the surface within a 4.7 mile airspace for IFR operations at Soldotna, 1998, which is incorporated by radius of the Barter Island Airport; and that AK. airspace extending upward from 1,200 feet Interested parties were invited to reference in 14 CFR 71.1 (63 FR 50139; above the surface within the area bounded by September 21, 1998). The Class E a line beginning at lat. 70°17′07′′ N., long. participate in this rulemaking airspace listed in this document will be 142°47′30′′ W. to lat. 69°59′40′′ N., long. proceeding by submitting written published in the Order. 142°55′45′′ W. to lat. 69°41′50′′ N., long. comments on the proposal to the FAA. ° ′ ′′ ° ′ ′′ No public comments to the proposal The FAA has determined that this 143 39 55 W. to lat. 69 42 25 N., long. 144°03′50′′ W. to lat. 70°05′20′′ N., long. were received, thus the rule is adopted action only involves an established 144°30′00′′ W. to lat. 70°14′31′′ N., long. as written. body of technical regulations for which 144°35′00′′ W., thence east 12 miles away The area will be depicted on frequent and routine amendments are and parallel to the shoreline to the point of aeronautical charts for pilot reference. necessary to keep them operationally beginning. The coordinates for this airspace docket current. It, therefore—(1) is not a * * * * * are based on North American Datum 83. ‘‘significant regulatory action’’ under Issued in Anchorage, AK, on April 9, 1999. The Class E airspace areas designated as Executive Order 12866; (2) is not a Willis C. Nelson, a 700/1200 foot transition area, are ‘‘significant rule’’ under DOT Manager, Air Traffic Division, Alaskan published in paragraph 6005 in FAA Regulatory Policies and Procedures (44 Region. Order 7400.9F, Airspace Designations FR 11034; February 26, 1979); and (3) [FR Doc. 99–9773 Filed 4–19–99; 8:45 am] and Reporting Points, dated September does not warrant preparation of a BILLING CODE 4910±13±P 10, 1998, and effective September 16, regulatory evaluation as the anticipated 1998, which is incorporated by impact is so minimal. Since this is a reference in 14 CFR 71.1 (63 FR 50139; routine matter that will only affect air DEPARTMENT OF TRANSPORTATION September 21, 1998). The Class E traffic procedures and air navigation, it airspace listed in this document will be is certified that this rule, when Federal Aviation Administration revised and published in the Order. promulgated, will not have a significant The FAA has determined that this economic impact on a substantial 14 CFR Part 71 action only involves an established number of small entities under the [Airspace Docket No. 98±AAL±22] body of technical regulations for which criteria of the Regulatory Flexibility Act. frequent and routine amendments are List of Subjects in 14 CFR Part 71 Revision of Class E Airspace; necessary to keep them operationally Soldotna, AK current. It, therefore—(1) is not a Airspace, Incorporation by reference, AGENCY: Federal Aviation ‘‘significant regulatory action’’ under Navigation (air). Administration (FAA), DOT. Executive Order 12866; (2) is not a The Proposed Amendment ACTION: Final rule. ‘‘significant rule’’ under DOT Regulatory Policies and Procedures (44 In consideration of the foregoing, the SUMMARY: This action revises Class E FR 11034; February 26, 1979); and (3) Federal Aviation Administration airspace at Soldotna, AK. The does not warrant preparation of a proposes to amend 14 CFR part 71 as establishment of Global Positioning regulatory evaluation as the anticipated follows: System (GPS) instrument approaches to impact is so minimal. Since this is a

VerDate 23-MAR-99 15:21 Apr 19, 1999 Jkt 183247 PO 00000 Frm 00009 Fmt 4700 Sfmt 4700 E:\FR\FM\20APR1.XXX pfrm01 PsN: 20APR1 19260 Federal Register / Vol. 64, No. 75 / Tuesday, April 20, 1999 / Rules and Regulations routine matter that will only affect air DEPARTMENT OF TRANSPORTATION ACTION: Direct final rule; confirmation of traffic procedures and air navigation, it effective date. is certified that this rule, when Federal Aviation Administration promulgated, will not have a significant SUMMARY: This document confirms the economic impact on a substantial 14 CFR Part 71 effective date of a direct final rule which revises Class E airspace at Springfield, number of small entities under the [Airspace Docket No. 99±ACE±3] criteria of the Regulatory Flexibility Act. MO. DATES: The direct final rule published at List of Subjects in 14 CFR Part 71 Amendment to Class E Airspace; Newton, KS 64 FR 8504 is effective on 0901 UTC, Airspace, Incorporation by reference, May 20, 1999. Navigation (air). AGENCY: Federal Aviation FOR FURTHER INFORMATION CONTACT: Administration, DOT. Kathy Randolph, Air Traffic Division, The Proposed Amendment ACTION: Direct final rule; confirmation of Airspace Branch, ACE–520C, Federal In consideration of the foregoing, the effective date. Aviation Administration, 601 East 12th Federal Aviation Administration Street, Kansas City, Missouri 64106; amends 14 CFR part 71 as follows: SUMMARY: This document confirms the telephone: (816) 426–3408. effective date of a direct final rule which SUPPLEMENTARY INFORMATION: The FAA PART 71Ð DESIGNATION OF CLASS revises Class E airspace at Newton, KS. published this direct final rule with a A, CLASS B, CLASS C, CLASS D, AND DATES: The direct final rule published at request for comments in the Federal CLASS E AIRSPACE AREAS; 64 FR 8502 is effective on 0901 UTC, Register on February 22, 1999 (64 FR AIRWAYS; ROUTES; AND REPORTING May 20, 1999. 8504). The FAA uses the direct final POINTS FOR FURTHER INFORMATION CONTACT: rulemaking procedure for a non- Kathy Randolph, Air Traffic Division, controversial rule where the FAA 1. The authority citation for 14 CFR Airspace Branch, ACE–520C, Federal believes that there will be no adverse part 71 continues to read as follows: Aviation Administration, 601 East 12th public comment. This direct final rule Authority: 49 U.S.C. 106(g), 40103, 40113, Street, Kansas City, Missouri 64106; advise the public that no adverse 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– telephone: (816) 426–3408. comments were anticipated, and that 1963 Comp., p. 389. unless a written adverse comment, or a SUPPLEMENTARY INFORMATION: The FAA written notice of intent to submit such § 71.1 [Amended] published this direct final rule with a an adverse comment, were received 2. The incorporation by reference in request for comments in the Federal within the comment period, the 14 CFR 71.1 of Federal Aviation Register on February 22, 1999 (64 FR regulation would become effective on Administration Order 7400.9F, Airspace 8502). The FAA uses the direct final May 20, 1999. No adverse comments Designations and Reporting Points, rulemaking procedure for a non- were received, and thus this notice dated September 10, 1998, and effective controversial rule where the FAA confirms that this direct final rule will September 16, 1998, is amended as believes that there will be no adverse become effective on that date. follows: public comment. This direct final rule advised the public that no adverse Issued in Kansas City, MO on April 2, Paragraph 6005 Class E airspace areas comments were anticipated, and that 1999. extending upward from 700 feet or more unless a written adverse comment, or a Christopher R. Blum, above the surface of the earth. written notice of intent to submit such Acting Manager, Air Traffic Division, Central * * * * * an adverse comment, were received Region. AAL AK E5 Soldotna, AK within the comment period, the [FR Doc. 99–9793 Filed 4–19–99; 8:45 am] Soldotna Airport, AK regulation would become effective on BILLING CODE 4910±13±M (Lat. 60°28′34′′ N., long. 151°01′57′′ W.) May 20, 1999. No adverse comments Kenai VOR/DME were received, and thus this notice (Lat. 60°36′53′′ N., long. 151°11′43′′ W.) confirms that this direct rule will DEPARTMENT OF TRANSPORTATION Soldotna NDB become effective on that date. (Lat. 60°28′30′′ N., long. 150°52′44′′ W.) Federal Aviation Administration Issued in Kansas City, MO on April 2, That airspace extending upward from 700 1999. 14 CFR Part 71 feet above the surface within a 6.4-mile radius of the Soldotna Airport and within 4 Christopher R. Blum, [Airspace Docket No. 99±ACE±9] miles each side of the 150° and 330° radial Acting Manager, Air Traffic Division, Central of the Kenai VOR/DME extending from the Region. Amendment to Class E Airspace; 6.4-mile radius airport to 10 miles west of the [FR Doc. 99–9794 Filed 4–19–99; 8:45 am] Kirksville, MO airport and within 4 miles either side of the BILLING CODE 4910±13±M 270° bearing from the Soldotna NDB AGENCY: Federal Aviation extending from the 6.4-mile radius to 21 Administration, DOT. miles west of the airport and within 4.6 miles DEPARTMENT OF TRANSPORTATION ACTION: Direct final rule; confirmation of north and 4 miles south of the 090° bearing effective date. from the Soldotna NDB extending from the Federal Aviation Administration 6.4-mile radius to 14.3 miles east of the SUMMARY: This document confirms the airport. 14 CFR Part 71 effective date of direct final rule which * * * * * revises Class E airspace at Kirksville, Issued in Anchorage, AK, on April 9, 1999. [Airspace Docket No. 99±ACE±8] MO. Willis C. Nelson, DATES: The direct final rule published at Amendment to Class E Airspace, Manager, Air Traffic Division, Alaskan 64 FR 8505 is effective on 0901 UTC, Springfield, MO Region. May 20, 1999. [FR Doc. 99–9772 Filed 4–19–99; 8:45 am] AGENCY: Federal Aviation FOR FURTHER INFORMATION CONTACT: BILLING CODE 4910±13±P Administration, DOT. Kathy Randolph, Air Traffic Division,

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Airspace Branch, ACE–520C, Federal aircraft executing the GPS RWY 17 and amendment will enhance safety for all Aviation Administration, 601 East 12th GPS RWY 35 SIAPs, amend the ARP, flight operations by designating an area Street, Kansas City, Missouri 64106; and to segregate aircraft using where VFR pilots may anticipate the telephone: (816) 425–3408. instrument approach procedures in presence of IFR aircraft at lower SUPPLEMENTARY INFORMATION: The FAA instrument conditions from aircraft altitudes, especially during inclement published this direct final rule with a operating in visual conditions. weather conditions. A greater degree of request for comments in the Federal DATES: This direct final rule is effective safety is achieved by depicting the area Register on February 22, 1999 (64 FR on 0901 UTC, July 15, 1999. on aeronautical charts. Unless a written 8505). The FAA uses the direct final Comments for inclusion in the Rules adverse or negative comment, or a rulemaking procedure for a non- Docket must be received on or before written notice of intent to submit an controversial rule where the FAA May 20, 1999. adverse or negative comment is received believes that there will be no adverse ADDRESSES: Send comments regarding within the comment period, the public comment. This direct final rule the rule in triplicate to: Manager, regulation will become effective on the advised the public that no adverse Airspace Branch, Air Traffic Division, date specified above. After the close of comments were anticipated, and that ACE–520, Federal Aviation the comment period, the FAA will unless a written adverse comment, or a Administration, Docket Number 99– publish a document in the Federal written notice of intent to submit such ACE–12, 601 East 12th Street, Kansas Register indicating that no adverse or an adverse comment, were received City, MO 64106. negative comments were received and within the comment period, the The official docket may be examined confirming the date on which the final regulation would become effective on in the Office of the Regional Counsel for rule will become effective. If the FAA May 20, 1999. No adverse comments the Central Region at the same address does receive, within the comment were received, and thus this notice between 9:00 a.m. and 3:00 p.m., period, an adverse or negative comment, confirms that this direct final rule will Monday through Friday, except Federal or written notice of intent to submit become effective on that date. holidays. such a comment, a document An informal docket may also be withdrawing the direct final rule will be Issued in Kansas City, MO on April 2, published in the Federal Register and a 1999. examined during normal business hours in the Air Traffic Division at the same notice of proposed rulemaking may be Christopher R. Blum, published with a new comment period. Acting Manager, Air Traffic Division, Central address listed above. Region. FOR FURTHER INFORMATION CONTACT: Comments Invited [FR Doc. 99–9792 Filed 4–19–99; 8:45 am] Kathy Randolph, Air Traffic Division, Although this action is in the form of BILLING CODE 4910±13±M Airspace Branch, ACE–520C, Federal a final rule and was not preceded by a Aviation Administration, 601 East 12th notice of proposed rulemaking, Street, Kansas City, MO 64106; comments are ivnited on this rule. DEPARTMENT OF TRANSPORTATION telephone: (816) 426–3408. Interested persons are invited to SUPPLEMENTARY INFORMATION: The FAA comment on this rule by submitting Federal Aviation Administration has developed GPS RWY 17 and GPS such written data, views, or arguments 14 CFR Part 71 RWY 35 SIAPs to serve the George L. as they may desire. Communications Scott Municipal Airport, West Union, should identify the Rules Docket [Airspace Docket No. 99±ACE±12] IA. number and be submitted in triplicate to The amendment to Class E airspace at the address specified under the caption Amendment to Class E Airspace; West West Union, IA, will provide additional ADDRESSES. All communications Union, IA controlled airspace at and above 700 received on or before the closing date AGENCY: Federal Aviation feet AGL in order to contain the new for comments will be considered, and Administration (FAA), DOT. SIAPs within controlled airspace, and this rule may be amended or withdrawn ACTION: Direct final rule; request for thereby facilitate separation of aircraft in light of the comments received. comments. operating under Instrument Flight Factual information that supports the Rules. The ARP is amended and commenter’s ideas and suggestions is SUMMARY: This action amends the Class included in this document. The area extremely helpful in evaluating the E airspace area at George L. Scott will be depicted on appropriate effectiveness of this action and Municipal Airport, West Union, IA. The aeronautical charts. Class E airspace determining whether additional FAA has developed Global Positioning areas extending upward from 700 feet or rulemaking action would be needed. System (GPS) Runway (RWY) 17 and more above the surface of the earth are Comments are specifically invited on GPS RWY 35, Standard Instrument published in paragraph 6005 of FAA the overall regulatory, economic, Approach Procedures (SIAPs) to serve Order 7400.9F, dated September 10, environmental, and energy-related George L. Scott Municipal Airport, IA. 1998, and effective September 16, 1998, aspects of the rule that might suggest a Additional controlled airspace which is incorporated by reference in 14 need to modify the rule. All comments extending upward from 700 feet Above CFR 71.1. The Class E airspace submitted will be available, both before Ground Level (AGL) is needed to designation listed in this document will and after the closing date for comments, accommodate these SIAPs and for be published subsequently in the Order. in the Rules Docket for examination by Instrument Flight Rules (IFR) operations interested persons. A report that The Direct Final Rule Procedure at this airport. The enlarged area will summarizes each FAA-public contact contain the new GPS RWY 17 and GPS The FAA anticipates that this concerned with the substance of this RWY 35 SIAPs in controlled airspace. regulation will not result in adverse or action will be filed in the Rules Docket. In addition, a minor revision to negative comment and, therefore, is Commenters wishing the FAA to Airport Reference Point (ARP) is issuing it as a direct final rule. Previous acknowledge receipt of their comments included in this document. actions of this nature have not been submitted in response to this rule must The intended effect of this rule is to controversial and have not resulted in submit a self-addressed, stamped provide controlled Class E airspace for adverse comments or objections. The postcard on which the following

VerDate 23-MAR-99 15:21 Apr 19, 1999 Jkt 183247 PO 00000 Frm 00011 Fmt 4700 Sfmt 4700 E:\FR\FM\20APR1.XXX pfrm01 PsN: 20APR1 19262 Federal Register / Vol. 64, No. 75 / Tuesday, April 20, 1999 / Rules and Regulations statement is made: ‘‘Comments to ACE IA E West Union, IA [Revised] ADDRESSES: Send comments regarding Docket No. 99–ACE–12.’’ The postcard West Union, George L. Scott Municipal the rule in triplicate to: Manager, will be date stamped and returned to the Airport, IA Airspace Branch, Air Traffic Division, commenter. (Lat. 42°59′06′′ N., long. 91°47′26′′ W.) ACE–520, Federal Aviation West Union NDB Administration, Docket Number 99– Agency Findings ° ′ ′′ ° ′ ′′ (Lat. 42 56 38 N., long 91 46 57 W.) ACE–13, 601 East 12th Street, Kansas The regulations adoipted herein will That airspace extending upward from 700 City, MO 64106. not have substantial direct effects on the feet above the surface within a 6.4-mile The official docket may be examined radius of Geoerge L. Scoot Municipal Airport States, on the relationship between the ° in the Office of the Regional Counsel for national government and the States, or and within 2.6 miles each side of the 172 bearing from the west union NDB extending the Central Region at the same address on the distribution of power and from the 6.4.-mile radius to 9.2 miles south between 9:00 a.m. and 3:00 p.m., responsibilities among the various of the airport. Monday through Friday, except Federal levels of government. Therefore, in * * * * * holidays. accordance with Executive Order 12612, Issued in Kansas City, MO, on March 24, An informal docket may also be it is determined that this final rule does 1999. examined during normal business hours not have sufficient federalism Christopher R. Blum, in the Air Traffic Division at the same implications to warrant the preparation Acting Manager, Air Traffic Division, Central address listed above. of a Federalism Assessment. Office Regulations. FOR FURTHER INFORMATION CONTACT: The FAA has determined that this [FR Doc. 99–9791 Filed 4–19–99; 8:45 am] Kathy Randolph, Air Traffic Division, regulation is noncontroversial and BILLING CODE 4910±13±M Airspace Branch, ACE–520C, Federal unlilkely to result in adverse or negative Aviation Administration, 601 East 12th comments. For the reasons discussed in Street, Kansas City, MO 64106; the preamble, I certify that this DEPARTMENT OF TRANSPORTATION telephone: (816) 426–3408. regulation (1) is not a ‘‘significant SUPPLEMENTARY INFORMATION: The FAA regulatory action’’ under Executive Federal Aviation Administration has developed GPS RWY 15 and GPS Order 12866; (2) is not a ‘‘significant RWY 33 SIAPs to serve the Ellen rule’’ under Department of 14 CFR Part 71 Church Field, Cresco, IA. Transportation (DOT) Regulatory [Airspace Docket No. 99±ACE±13] The amendment to Class E airspace at Policies and Procedures (44 FR 11034, Cresco, IA, will provide additional February 26, 1979); and (3) if Amendment to Class E Airspace; controlled airspace at and above 700 promulgated, with not have a significant Cresco, IA feet AGL in order to contain the new economic impact, postive or negative, SIAPs within controlled airspace, and on a substantial number of small entities AGENCY: Federal Aviation thereby facilitate separation of aircraft under the criteria of the Regulatory Administration (FAA), DOT. operating under Instrument flight Rules. Flexibility Act. ACTION: Direct final rule; request for comments. The ARP is amended and included in List of Subjects in 14 CFR Part 71 this document. The area will be Airspace, Incorporation by reference, SUMMARY: This action amends the Class depicted on appropriate aeronautical Navigation (air). E airspace area at Ellen Church Field, charts. Class E airspace areas extending Cresco, IA. The FAA has developed upward from 700 feet or more above the Adoption of the Amendment Global Positioning System (GPS) surface of the earth are published in Accordingly, the Federal Aviation Runway (RWY) 15 and GPS RWY 33, paragraph 6005 of FAA Order 7400.9F, Administration amends 14 CFR part 71 Standard Instrument Approach dated September 10, 1998, and effective as follows: Procedures (SIAPs) to serve Ellen September 16, 1998, which is Church Field, IA. Additional controlled incorporated by reference in 14 CFR PART 71ÐDESIGNATION OF CLASS A, airspace extending upward from 700 71.1. The Class E airspace designation CLASS B, CLASS C, CLASS D, AND feet Above Ground Level (AGL) is listed in this document will be CLASS E AIRSPACE AREAS; needed to accommodate these SIAPs published subsequently in the Order. AIRWAYS; ROUTES; AND REPORTING and for Instrument Flight Rules (IFR) The Direct Final Rule Procedure POINTS operations at this airport. The enlarged area will contain the new GPS RWY 15 The FAA anticipates that this 1. The authority citation for part 71 and GPS RWY 33 SIAPs in controlled regulation will not result in adverse or continues to read as follows: airspace. negative comment and, therefore, is Authority: 49 U.S.C. 106(g), 40103, 40113, In addition, minor revision to Airport issuing it as a direct final rule. Previous 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– Reference Point (ARP) is included in actions of this nature have not been 1963 Comp., p. 389. this document. controversial and have not resulted in The intended effect of this rule is to § 71.1 [Amended] adverse comments or objections. The provide controlled Class E airspace for amendment will enhance safety for all 2. The incorporation by reference in aircraft executing the GPS RWY 15 and flight operations by designating an area 14 CFR 71.1 of Federal Aviation GPS RWY 33 SIAPs, amend the ARP, where VFR pilots may anticipate the Administration Order 7400.9F, Airspace and to segregate aircraft using presence of IFR aircraft at lower Designations and Reporting Points, instrument approach procedures in altitudes, especially during inclement dated September 10, 1998, and effective instrument conditions from aircraft weather conditions. A greater degree of September 16, 1998, as amended as operating in visual conditions. safety is achieved by depicting the area follows: DATES: This direct final rule is effective on aeronautical charts. Unless a written Paragraph 6005 Class E airspace areas on 0901 UTC, July 15, 1999. adverse or negative comment, or a extending upward from 700 feet or more Comments for inclusion in the Rules written notice of intent to submit an above the surface of the earth. Docket must be received on or before adverse or negative comment is received * * * * * May 20, 1999. with the comment period, the regulation

VerDate 23-MAR-99 15:21 Apr 19, 1999 Jkt 183247 PO 00000 Frm 00012 Fmt 4700 Sfmt 4700 E:\FR\FM\20APR1.XXX pfrm01 PsN: 20APR1 Federal Register / Vol. 64, No. 75 / Tuesday, April 20, 1999 / Rules and Regulations 19263 will become effective on the date levels of government. Therefore, in Issued in Kansas City, MO, on March 24, specified above. After the close of the accordance with Executive Order 12612, 1999. comment period, the FAA will publish it is determined that this final rule does Christopher R. Blum, a document in the Federal Register not have sufficient federalism Acting Manager, Air Traffic Division, Central indicating that no adverse or negative implications to warrant the preparation Region. comments were received and of a Federalism Assessment. [FR Doc. 99–9790 Filed 4–19–99; 8:45 am] confirming the date on which the final The FAA has determined that this BILLING CODE 4910±13±M rule will become effective. If the FAA regulation is noncontroversial and does receive, within the comment unlikely to result in adverse or negative period, an adverse or negative comment, comments. For the reasons discussed in DEPARTMENT OF TRANSPORTATION or written notice of intent to submit the preamble, I certify that this such a comment, a document regulation (1) is not a ‘‘significant Federal Aviation Administration withdrawing the direct final rule will be regulatory action’’ under Executive published in the Federal Register and a Order 12866; (2) is not a ‘‘significant 14 CFR Part 71 notice of proposed rulemaking may be rule’’ under Department of [Airspace Docket No. 99±ACE±15] published with a new comment period. Transportation (DOT) Regulatory Comments Invited Policies and Procedures (44 FR 11034, Amendment to Class E Airspace; Rock February 26, 1979); and (3) if Rapids, IA Although this action is in the form of promulgated, will not have a significant a final rule and was not preceded by a economic impact, positive or negative, AGENCY: Federal Aviation notice of proposed rulemaking, on a substantial number of small entities Administration (FAA), DOT. comments are invited on this rule. under the criteria of the Regulatory ACTION: Direct final rule; request for Interested persons are invited to Flexibility Act. comments. comment on this rule by submitting such written data, views, or arguments List of Subjects in 14 CFR Part 71 SUMMARY: This action amends the Class as they may desire. Communications Airspace, Incorporation by reference, E airspace area at Rock Rapids should identify the Rules Docket Navigation (air). Municipal Airport, Rock Rapids, IA. number and be submitted in triplicate to Adoption of the Amendment The FAA has developed Global the address specified under the caption Positioning System (GPS) Runway ADDRESSES. All communications Accordingly, the Federal Aviation (RWY) 16 and GPS RWY 34 Standard received on or before the closing date Administration amends 14 CFR part 71 Instrument Approach Procedures for comments will be considered, and as follows: (SIAPs) to serve Rock Rapids Municipal this rule may be amended or withdrawn Airport, IA. Additional controlled PART 71ÐDESIGNATION OF CLASS A, in light of the comments received. airspace extending upward from 700 CLASS B, CLASS C, CLASS D, AND Factual information that supports the feet Above Ground Level (AGL) is CLASS E AIRSPACE AREAS; commenter’s ideas and suggestions is needed to accommodate these SIAPs AIRWAYS; ROUTES; AND REPORTING extremely helpful in evaluating the and for Instrument Flight Rules (IFR) POINTS effectiveness of this action and operations at this airport. The enlarged determining whether additional 1. The authority citation for part 71 area will contain the new GPS RWY 16 rulemaking action would be needed. continues to read as follows: and GPS RWY 34 SIAPs in controlled Comments are specifically invited on Authority: 49 U.S.C. 106(g), 40103, 40113, airspace. the overall regulatory, economic, The intended effect of this rule is to environmental, and energy-related 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– 1963 Comp., p. 389. provide controlled Class E airspace for aspects of the rule that might suggest a aircraft executing GPS RWY 16 and GPS need to modify the rule. All comments § 71.1 [Amended] RWY 34 SIAPs, and to segregate aircraft submitted will be available, both before 2. The incorporation by reference in using instrument approach procedures and after the closing date for comments, 14 CFR 71.1 of Federal Aviation in instrument conditions from aircraft in the Rules Docket for examination by Administration Order 7400.9F, Airspace operating in visual conditions. interested persons. A report that Designations and Reporting Points, DATES: This direct final rule is effective summarizes each FAA-public contact dated September 10, 1998, and effective on 0901 UTC, July 15, 1999. concerned with the substance of this September 16, 1998, is amended as Comments for inclusion in the Rules action will be filed in the Rules Docket. follows: Commenters wishing the FAA to Docket must be received on or before acknowledge receipt of their comments Paragraph 6005 Class E airspace areas May 26, 1999 submitted in response to this rule must extending upward from 700 feet or more ADDRESSES: Send comments regarding above the surface of the earth. submit a self-addressed, stamped the rule in triplicate to: Manager, postcard on which the following * * * * * Airspace Branch, Air Traffic Division, statement is made: ‘‘Comments to ACE IA E5 Cresco, IA [Revised] ACE–520, Federal Aviation Administration, Docket Number 99– Docket No. 99–ACE–13.’’ The postcard Cresco, Ellen Church Field, IA will be date stamped and returned to the (Lat. 43°21′55′′ N., long. 92°07′59′′ W.) ACE–15, 601 East 12th Street, Kansas commenter. Cresco NDB City, MO 64106. (Lat. 43°21′58′′ N., long. 92°07′52′′ W.) The official docket may be examined Agency Findings That airspace extending upward from 700 in the Office of the Regional Counsel for The regulations adopted herein will feet above the surface within a 6.3-mile the Central Region at the same address not have substantial direct effects on the radius of Ellen Church Field and within 2.6 between 9:00 a.m. and 3:00 p.m., States, on the relationship between the miles each side of the 162° bearing from the Monday through Friday, except Federal national government and the States, or Cresco NDB extending from the 6.3-mile holidays. on the distribution of power and radius to 7.4 miles south of the airport. An informal docket may also be responsibilities among the various * * * * * examined during normal business hours

VerDate 23-MAR-99 15:21 Apr 19, 1999 Jkt 183247 PO 00000 Frm 00013 Fmt 4700 Sfmt 4700 E:\FR\FM\20APR1.XXX pfrm01 PsN: 20APR1 19264 Federal Register / Vol. 64, No. 75 / Tuesday, April 20, 1999 / Rules and Regulations in the Air Traffic Division at the same such a comment, a document regulation (1) is not a ‘‘significant address listed above. withdrawing the direct final rule will be regulatory action’’ under Executive FOR FURTHER INFORMATION CONTACT: published in the Federal Register, and Order 12866; (2) is not a ‘‘significant Kathy Randolph, Air Traffic Division, a notice of proposed rulemaking may be rule’’ under Department of Airspace Branch, ACE–520C, Federal published with a new comment period. Transportation (DOT) Regulatory Aviation Administration, 601 East 12th Comments Invited Policies and Procedures (44 FR 11034, Street, Kansas City, MO 64106; February 26, 1979); and (3) if telephone: (816) 426–3408. Although this action is in the form of promulgated, will not have a significant a final rule and was not preceded by a SUPPLEMENTARY INFORMATION: The FAA economic impact, positive or negative, notice of proposed rulemaking, on a substantial number of small entities has developed GPS RWY 16 and GPS comments are invited on this rule. RWY 34 SIAPs to serve the Rock Rapids under the criteria of the Regulatory Interested persons are invited to Flexibility Act. Airport, Rock Rapids, IA. The comment on this rule by submitting amendment to Class E airspace at Rock such written data, views, or arguments List of Subjects in 14 CFR Part 71 Rapids, IA, will provide additional as they may desire. Communications controlled airspace at and above 700 should identify the Rules Docket Airspace, Incorporation by reference, feet AGL in order to contain the new number and be submitted in triplicate to Navigation (air). SIAPs within controlled airspace, and the address specified under the caption Adoption of the Amendment thereby facilitate separation of aircraft ADDRESSES. All communications operating under Instrument Flight received on or before the closing date Accordingly, the Federal Aviation Rules. for comments will be considered, and Administration amends 14 CFR part 71 The amendment at Rock Rapids this rule may be amended or withdrawn as follows: Municipal Airport, IA, will provide in light of the comments received. additional controlled airspace for Factual information that supports the PART 71ÐDESIGNATION OF CLASS A, aircraft operating under IFR. The area commenter’s ideas and suggestions is CLASS B, CLASS C, CLASS D, AND will be depicted on appropriate extremely helpful in evaluating the CLASS E AIRSPACE AREAS; aeronautical charts. Class E airspace effectiveness of this action and AIRWAYS; ROUTES; AND REPORTING areas extending upward from 700 feet or determining whether additional POINTS more above the surface of the earth are rulemaking action would be needed. published in paragraph 6005 of FAA Comments are specifically invited on 1. The authority citation for part 71 Order 7400.9F, dated September 10, the overall regulatory, economic, continues to read as follows: 19998, and effective September 16, environmental, and energy-related Authority: 49 U.S.C. 106(g), 40103, 40113, 1998, which is incorporated by aspects of the rule that might suggest a 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– reference in 14 CFR.71.1. The Class E need to modify the rule. All comments 1963 Comp., p.389. airspace designation listed in this submitted will be available, both before document will be published and after the closing date for comments, § 71.1 [Amended] subsequently in the Order. in the Rules Docket for examination by 2. The incorporation by reference in The Direct Final Rule Procedure interested persons. A report that 14 CFR 71.1 of Federal Aviation summarizes each FAA-public contact Administration Order 7400.9F, Airspace The FAA anticipates that this concerned with the substance of this Designations and Reporting Points, regulation will not result in adverse or action will be filed in the Rules Docket. dated September 10, 1998, and effective negative comment and, therefore, is Commenters wishing the FAA to September 16, 1998, is amended as issuing it as a direct final rule. Previous acknowledge receipt of their comments follows: action of this nature have not been submitted in response to this rule must controversial and have not resulted in submit a self-addressed, stamped Paragraph 6005 Class E airspace areas adverse comments or objections. The postcard on which the following extending upward from 700 feet or more above the surface of the earth. amendment will enhance safety for all statement is made: ‘‘Comments to flight operations by designating an area Docket No. 99–ACE–15.’’ The postcard * * * * * where VFR pilots may anticipate the will be date stamped and returned to the ACE IA E5 Rock Rapids, IA [Revised] presence of IFR aircraft at lower commenter. altitudes, especially during inclement Rock Rapids Municipal Airport, IA ° ′ ′′ ° ′ ′′ weather conditions. A greater degree of Agency Findings (Lat. 43 27 08 N., long. 96 10 47 W.) safety is achieved by depicting the area The regulations adopted herein will Rock Rapids NDB (Lat. 43°27′04′′ N., long. 96°10′41′′ W.) on aeronautical charts. Unless a written not have substantial direct effects on the adverse or negative comment, or a States, on the relationship between the That airspace extending upward from 700 written notice of intent to submit an national government and the States, or feet above the surface within a 6.3-mile adverse or negative comment is received on the distribution of power and radius of Rock Rapids Municipal Airport and within 2.6 miles each side of the 347° bearing within the comment period, the responsibilities among the various regulation will become effective on the from the Rock Rapids NDB extending from levels of government. Therefore, in the 6.3-mile radius to 7.4 miles northwest of date specified above. After the close of accordance with Executive Order 12612, the airport. the comment period, the FAA will it is determined that this final rule does publish a document in the Federal not have sufficient federalism * * * * * Register indicating that no adverse or implications to warrant the preparation Issued in Kansas City, MO, on March 26, 1999. negative comments were received and of a Federalism Assessment. confirming the date on which the final The FAA has determined that this Christopher R. Blum, rule will become effective. If the FAA regulation is noncontroversial and Acting Manager, Air Traffic Division, Central does receive, within the comment unlikely to result in advance or negative Region. period, an adverse or negative comment, comments. For the reasons discussed in [FR Doc. 99–9789 Filed 4–19–99; 8:45 am] or written notice of intent to submit the preamble, I certify that this BILLING CODE 4910±13±M

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DEPARTMENT OF TRANSPORTATION Shenandoah Municipal Airport Comments Invited indicates it does not meet the criteria for Although this action is in the form of Federal Aviation Administration 700 feet AGL airspace required for a final rule and was not preceded by a diverse departures as specified in FAA 14 CFR Part 71 notice of proposed rulemaking, Order 7400.2D. The criteria in FAA comments are invited on this rule. [Airspace Docket No. 99±ACE±16] Order 7400.2D for an aircraft to reach Interested persons are invited to 1200 feet AGL is based on a standard comment on this rule by submitting Amendment to Class E Airspace; climb gradient of 200 feet per mile plus such written data, views, or arguments Shenandoah, IA the distance from the ARP to the end of as they may desire. Communications AGENCY: Federal Aviation the outermost runway. Any fractional should identify the Rules Docket Administration (FAA), DOT. part of a mile is converted to the next number and be submitted in triplicate to ACTION: Direct final rule; request for higher tenth of a mile. The amendment the address specified under the caption comments. at Shenandoah Municipal Airport, IA, ADDRESSES. All communications will provide additional controlled received on or before the closing date SUMMARY: This action amends Class E airspace for aircraft operating under IFR, for comments will be considered, and airspace area at Shenandoah Municipal amend the ARP, and comply with the this rule may be amended or withdrawn Airport, Shenandoah, IA. A review of criteria of FAA Order 7400.2D. The area in light of the comments received. the Class E airspace area for will be depicted on appropriate Factual information that supports the Shenandoah Municipal Airport aeronautical charts. Class E airspace commenter’s ideas and suggestions is indicates it does not comply with the areas extending upward from 700 feet or extremely helpful in evaluating the criteria for 700 feet Above Ground Level more above surface of the earth are effectiveness of this action and (AGL) airspace required for diverse published in paragraph 6005 of FAA determining whether additional departures as specified in FAA Order Order 7400.9F, dated September 10, rulemaking action would be needed. 7400.2D. The Class E airspace has been 1998, and effective September 16, 1998, Comments are specifically invited on enlarged to conform to the criteria of which is incorporated by reference in 14 the overall regulatory, economic, FAA Order 7400.2D. CFR 71.1. The Class E airspace environmental, and energy-related aspects of the rule that might suggest a In addition, the Airport Reference designation listed in this document will need to modify the rule. All comments Point (ARP) is amended and is included be published subsequently in the Order. in this document. submitted will be available, both before The intended effect of this rule is to The Direct Final Rule Procedure and after the closing date for comments, provide additional controlled Class E in the Rules Docket for examination by airspace for aircraft operating under The FAA anticipates that this interested persons. A report that Instrument Flight Rules (IFR), amend regulation will not result in adverse or summarizes each FAA-public contact the ARP, and comply with the criteria negative comment and, therefore, is concerned with the substance of this of FAA Order 7400.2D. issuing it as a direct final rule. Previous action will be filed in the Rules Docket. DATES: Effective date: 0901 UTC, July actions of this nature have not been Commenters wishing the FAA to 15, 1999. controversial and have not resulted in acknowledge receipt of their comments Comments for inclusion in the Rules adverse comments or objections. The submitted in response to this rule must Docket must be received on or before amendment will enhance safety for all submit a self-addressed, stamped May 10, 1999. flight operations by designating an area postcard on which the following statement is made: ‘‘Comments to ADDRESSES: Send comments regarding where VFR pilots may anticipate the Docket No. 99–ACE–16.’’ The postcard the rule in triplicate to: Manager, presence of IFR aircraft at lower will be date stamped and returned to the Airspace Branch, Air Traffic Division, altitudes, especially during inclement commenter. ACE–520, Federal Aviation weather conditions. A greater degree of Administration, Docket Number 99– safety is achieved by depicting the area Agency Findings ACE–16, 601 East 12th Street, Kansas on aeronautical charts. Unless a written adverse or negative comment, or a The regulations adopted herein will City, MO 64106. not have substantial direct effects on the The official docket may be examined written notice of intent to submit an adverse or negative or negative States, on the relationship between the in the Office of the Regional Counsel for national government and the States, or comment is received within the the Central Region at the same address on the distribution of power and comment period, the regulation will between 9:00 a.m. and 3:00 p.m, responsibilities among the various become effective on the date specified Monday through Friday, except Federal levels of government. Therefore, in holidays. above. After the close of the comment accordance with Executive Order 12612, An informal docket may also be period, the FAA will publish a it is determined that this final rule does examined during normal business hours document in the Federal Register not have sufficient federalism in the Air Traffic Division at the same indicating that no adverse or negative implications to warrant the preparation address listed above. comments were received and of a Federalism Assessment. FOR FURTHER INFORMATION CONTACT: confirming the date on which the final The FAA has determined that this Kathy Randolph, Air Traffic Division, rule will become effective. If the FAA regulation is noncontroversial and Airspace Branch, ACE–520C, Federal does receive, within the comment unlikely to result to adverse or negative Aviation Administration, 601 East 12th period, an adverse or negative comment, comments. For the reasons discussed in Street, Kansas City, MO 64106; or written notice of intent to submit the preamble, I certify that this telephone: (816) 426–3408. such a comment, a document regulation (1) is not a ‘‘significant SUPPLEMENTARY INFORMATION: This withdrawing the direct final rule will be regulatory action’’ under Executive amendment to 14 CFR 71 revises the published in the Federal Register, and Order 12866; (2) is not a ‘‘significant Class E airspace at Shenandoah, IA. A a notice of proposed rulemaking may be rule’’ under Department of review of the Class E airspace for published with a new comment period. Transportation (DOT) Regulatory

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Policies and Procedures (44 FR 11034, DEPARTMENT OF TRANSPORTATION criteria in FAA Order 7400.2D for an February 26, 1979); and (3) if aircraft to reach 1200 feet AGL is based promulgated, will not have a significant Federal Aviation Administration on a standard climb gradient of 200 feet economic impact, positive or negative, per mile plus the distance from the 14 CFR Part 71 on a substantial number of small entities Airport Reference Point (ARP) to the under the criteria of the Regulatory [Airspace Docket No. 99±ACE±17] end of the outermost runway. Any Flexibility Act. fractional part of a mile is converted to Amendment to Class E Airspace; the next higher tenth of a mile. The List of Subjects in 14 CFR Part 71 Clarinda, IA amendment at Clarinda, IA, will provide additional controlled airspace for Airspace, Incorporation by reference, AGENCY: Federal Aviation aircraft operating under IFR, and Navigation (air). Administration (FAA), DOT. comply with the criteria of FAA Order ACTION: Adoption of the Amendment Direct final rule; request for 7400.2D. The area will be depicted on comments. appropriate aeronautical charts. Class E Accordingly, the Federal Aviation airspace areas extending upward from SUMMARY: This action amends Class E Administrations amends 14 CFR part 71 700 feet or more above the surface of the airspace area at Clarinda, Schenck Field, as follows: earth are published in paragraph 6005 of IA. A review of the Class E airspace area FAA Order 7400.9F, dated September PART 71ÐDESIGNATION OF CLASS A, for Clarinda, IA, indicates it does not 10, 1998, and effective September 16, CLASS B, CLASS C, CLASS D, AND comply with the criteria for 700 feet 1998, which is incorporated by CLASS E AIRSPACE AREAS; Above Ground Level (AGL) airspace reference in 14 CFR 71.1. The Class E required for diverse departures as AIRWAYS: ROUTES; AND REPORTING airspace designation listed in this specified in FAA Order 7400.2D. The POINTS document will be published Class E airspace has been enlarged to subsequently in the Order. conform to the criteria of FAA Order 1. The authority citation for part 71 7400.2D. The Direct Final Rule Procedure continues to read as follows: The intended effect of this rule is to The FAA anticipated that this Authority: 49 U.S.C. 106(g), 40103, 40113, provide additional controlled Class E regulation will not result in adverse or 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– airspace for aircraft operating under negative comment and, therefore, is 1963 Comp., p. 389. Instrument Flight Rules (IFR), and issuing it as a direct final rule. Previous comply with the criteria of FAA Order § 71.1 [Amended] actions of this nature have not been 7400.2D. controversial and have not resulted in 2. The incorporation by reference in DATES: Effective date: 0901 UTC, July adverse comments or objections. The 14 CFR 71.1 of Federal Aviation 15, 1999. amendment will enhance safety for all Administration Order 7400.9F, Airspace Comments for inclusion in the Rules flight operations by designation an area Designations and Reporting Points, Docket must be received on or before where VFR pilots may anticipate the dated September 10, 1998, and effective May 26, 1999. presence of IFR aircraft at lower September 16, 1998, is amended as ADDRESSES: Send comments regarding altitudes, especially during inclement follows: the rule in triplicate to: Manager, weather conditions. A greater degree of safety is achieved by depicting the area Paragraph 6005 Class E airspace areas Airspace Branch, Air Traffic Division, ACE–520, Federal Aviation on aeronautical charts. Unless a written extending upward from 700 feet or more adverse or negative comment, or a above the surface of the earth. Administration, Docket Number 99– ACE–17, 601 East 12th Street, Kansas written notice of intent to submit an * * * * * City, MO 64106. adverse or negative comment is received within the comment period, the ACE IA E5 Shenandoah, IA [Revised] The official docket may be examined in the Office of the Regional Counsel for regulation will become effective on the Shenandoah Municipal Airport, IA date specified above. After the close of (Lat. 40°45′05′′ N., long. 95°24′48′′ W.) the Central Region at the same address between 9:00 a.m. and 3:00 p.m., the comment period, the FAA will Shenandoah NDB publish a document in the Federal (Lat. 40°45′25′′ N., long. 95°24′57′′ W.) Monday through Friday, except Federal holidays. Register indicting that no adverse or That airspace extending upward from 700 An informal docket may also be negative comments were received and feet above the surface within a 6.4-mile examined during normal business hours confirming the date on which the final radius of Shenandoah Municipal Airport and rule will become effective. If the FAA within 2.6 miles each side of the 140° bearing in the Air Traffic Division at the same address listed above. does receive, within the comment from the Shenandoah NDB extending from period, an adverse or negative comment, the 6.4-mile radius to 7.4 miles southeast of FOR FURTHER INFORMATION CONTACT: or written notice of intent to submit the airport. Kathy Randolph, Air Traffic Division, such a comment, a document * * * * * Airspace Branch, ACE–520C, Federal withdrawing the direct final rule will be Issued in Kansas City, MO, on March 23, Aviation Administration, 601 East 12th published in the Federal Register, and 1999. Street, Kansas City, MO 64106; a notice of proposed rulemaking may be telephone: (816) 426–3408. Christopher R. Blum, published with a new comment period. SUPPLEMENTARY INFORMATION: This Acting, Manager, Air Traffic Division, Central amendment to 14 CFR 71 revises the Comments Invited Region. Class E airspace area at Clarinda, IA. A Although this action is in the form of [FR Doc. 99–9788 Filed 4–19–99; 8:45 am] review of the Class E airspace for a final rule and was not preceded by a BILLING CODE 4910±13±M Schenck Field, IA, indicates it does not notice of proposed rulemaking, meet the criteria for 700 feet AGL comments are invited on this rule. airspace required for diverse departures Interested persons are invited to as specified in FAA Order 7400.2D. The comment on this rule by submitting

VerDate 23-MAR-99 15:21 Apr 19, 1999 Jkt 183247 PO 00000 Frm 00016 Fmt 4700 Sfmt 4700 E:\FR\FM\20APR1.XXX pfrm01 PsN: 20APR1 Federal Register / Vol. 64, No. 75 / Tuesday, April 20, 1999 / Rules and Regulations 19267 such written data, views, or arguments List of Subjects in 14 CFR Part 71 SUMMARY: This action amends Class E as they may desire. Communications Airspace, Incorporation by reference, airspace area at Macon-Fowe Municipal should identity the Rule Docket number Navigation (air). Airport, Macon, MO. A review of the and be submitted in triplicate to the Class E airspace area for Macon-Fower address specified under the caption Adoption of the Amendment Municipal Airport indicates it does not ADDRESSES. All communications Accordingly, the Federal Aviation comply with the criteria for 700 feet received on or before the closing date Administration amends 14 CFR part 71 Above Ground Level (AGL) airspace for comments will be considered, and as follows: required for diverse departures as this rule may be amended or withdrawn specified in FAA Order 7400.2D. The in light of the comments received. PART 71ÐDESIGNATION OF CLASS A, Class E airspace has been enlarged to Factual information that supports the CLASS B, CLASS C, CLASS D, AND conform to the criteria of FAA Order commenter’s ideas and suggestions is CLASS E AIRSPACE AREAS; 7400.2D. The intended effect of this rule extremely helpful in evaluating the AIRWAYS; ROUTES; AND REPORTING is to provide additional controlled Class effectiveness of this action and POINTS E airspace for aircraft operating under determing whether additional Instrument Flight Rules (IFR), and rulemaking action would be needed. 1. The authority citation for part 71 comply with the criteria of FAA Order Comments are specifically invited on continues to read as follows: 7400.2D. the overall regulatory, economic, Authority: 49 U.S.C. 106(g), 40103, 40113, DATES: Effective date: 0901 UTC, July environmental, and energy-related 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– 15, 1999. Comments for inclusion in the aspects of the rule that might suggest a 1963 Comp., p. 389. Rules Docket must be received on or need to modify the rule. All comments § 71.1 [Amended] before May 24, 1999. submitted will be available, both before ADDRESSES: Send comments regarding 2. The incorporation by reference in and after the closing date for comments, the rule in triplicate to: Manager, 14 CFR 71.1 of Federal Aviation in the Rules Docket for examination by Airspace Branch, Air Traffic Division, Administration Order 7400.9F, Airspace interested persons. A report that ACE–520, Federal Aviation Designations and Reporting Points, summarizes each FAA-public contact Administration, Docket Number 99– dated September 10, 1998, and effective concerned with the substance of this ACE–20, 601 East 12th Street, Kansas September 16, 1998, is amended as action will be filed in the Rules Docket. City, MO 64106. follows: Commenters wishing the FAA to The official docket may be examined acknowledge receipt of their comments Paragraph 6005 Class E airspace areas in the Office of the Regional Counsel for submitted in response to this rule must extending upward from 700 feet or more the Central Region at the same address submit a self-addressed, stamped above the surface of the earth. between 9:00 a.m. and 3:00 p.m., postcard on which the following * * * * * Monday through Friday, except Federal statement is made: ‘‘Comments to ACE IA E5 Clarinda, IA [Revised] holidays. Docket No. 99–ACE–17.’’ The postcard An informal docket may also be Clarinda, Schenck Field, IA will be date stamped and returned to the ° ′ ′′ ° ′ ′′ examined during normal business hours (Lat. 40 43 22 N., long. 95 01 34 W.) in the Air Traffic Division at the same commenter. Clarinda NDB ° ′ ′′ ° ′ ′′ address listed above. Agency Findings (Lat. 40 43 36 N., long. 95 01 39 W.) That airspace extending upward from 700 FOR FURTHER INFORMATION CONTACT: The regulations adopted herein will feet above the surface within a 6.5-mile Kathy Randolph, Air Traffic Division, not have substantial direct effects on the radius of the Schenck Field and within 2.6 Airspace Branch, ACE–520C, Federal States, on the relationship between the miles each side of the 170° bearing from the Aviation Administration, 601 East 12th national government and the States, or Clarinda NDB extending from the 6.5-mile Street, Kansas City, MO 64106; on the distribution of power and radius to 7 miles south of the airport. telephone: (816) 426–3408. responsibilities among the various * * * * * SUPPLEMENTARY INFORMATION: This levels of government. Therefore, in Issued in Kansas City, MO, on March 30, amendment to 14 CFR 71 revises the accordance with Executive Order 12612, 1999. Class E airspace at Macon, Mo. A review it is determined that this final rule does Christopher R. Blum, of the Class E airspace for Macon-Fower not have sufficient federalism Acting Manager, Air Traffic Division, Central Municipal Airport indicates it does not implications to warrant the preparation Region. meet the criteria for 700 feet AGL of a Federalism Assessment. [FR Doc. 99–9787 Filed 4–19–99; 8:45 am] airspace required for diverse departures The FAA has determined that this BILLING CODE 4910±13±M as specified in FAA Order 7400.2D. The regulation is noncontroversial and criteria in FAA Order 7400.2D for an unlikely to result in adverse or negative aircraft to reach 1200 feet AGL is based comments. For the reasons discussed in DEPARTMENT OF TRANSPORTATION on a standard climb gradient of 200 feet the preamble, I certify that this per mile plus the distance from the regulation (1) is not a ‘‘significant Federal Aviation Administration Airport Reference Point (ARP) to the regulatory action’’ under Executive 14 CFR Part 71 end of the outermost runway. Any Order 12866; (2) is not a ‘’significant fractional part of a mile is converted to rule’’ under Department of [Airspace Docket No. 99±ACE±20] the next higher tenth of a mile. The Transportation (DOT) Regulatory amendment at Macon-Fower Municipal Policies and Procedures (44 FR 11034, Amendment to Class E Airspace; Airport, MO, will provide additional February 26, 1979); and (3) if Macon, CO controlled airspace for aircraft operating promulgated, will not have a significant AGENCY: Federal Aviation under IFR, and comply with the criteria economic impact, positive or negative, Administration (FAA), DOT. of FAA Order 7400.2D. The area will be on a substantial number of small entities depicted on appropriate aeronautical ACTION: Direct final rule; request for under the criteria of the Regulatory charts. Class E airspace areas extending comments. Flexibility Act. upward from 700 feet or more above the

VerDate 23-MAR-99 15:21 Apr 19, 1999 Jkt 183247 PO 00000 Frm 00017 Fmt 4700 Sfmt 4700 E:\FR\FM\20APR1.XXX pfrm01 PsN: 20APR1 19268 Federal Register / Vol. 64, No. 75 / Tuesday, April 20, 1999 / Rules and Regulations surface of the earth are published in Comments are specifically invited on Authority: 49 U.S.C. 106(g), 40103, 40113, paragraph 6005 of FAA Order 7400.9F, the overall regulatory, economic, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– dated September 10, 1998, and effective environmental, and energy-related 1963 Comp., p. 389. September 16, 1998, which is aspects of the rule that might suggest a § 71.1 [Amended] incorporated by reference in 14 CFR need to modify the rule. All comments 2. The incorporation by reference in 71.1. The Class E airspace designation submitted will be available, both before 14 CFR 71.1 of Federal Aviation listed in this document will be and after the closing date for comments, Administration Order 7400.9F, Airspace published subsequently in the Order. in the Rules Docket for examination by interested persons. A report that Designations and Reporting Points, The Direct Final Rule Procedure summarizes each FAA-public contact dated September 10, 1998, and effective The FAA anticipates that this concerned with the substance of this September 16, 1998, is amended as regulation will not result in adverse or action will be filed in the Rules Docket. follows: negative comment and, therefore, is Commenters wishing the FAA to Paragraph 6005 Class E airspace areas issuing it as a direct final rule. Previous acknowledge receipt of their comments extending upward from 700 feet or more actions of this nature have not been submitted in response to this rule must above the surface of the earth. controversial and have not resulted in submit a self-addressed, stamped * * * * * adverse comments or objections. The postcard on which the following ACE MO E5 Macon, MO [Revised] amendment will enhance safety for all statement is made: ‘‘Comments to flight operations by designating an area Docket No. 99–ACE–20.’’ The postcard Macon-Fower Municipal Airport, MO ° ′ ′′ ° ′ ′′ where VFR pilots may anticipate the will be date stamped and returned to the (Lat. 39 43 40 N., long. 92 27 26 W.) presence of IFR aircraft at lower commenter. That airspace extending upward from 700 altitudes, especially during inclement feet above the surface within a 6.4-mile weather conditions. A greater degree of Agency Findings radius of Macon-Fower Municipal Airport. safety is achieved by depicting the area The regulations adopted herein will * * * * * on aeronautical charts. Unless a written not have substantial direct effects on the Issued in Kansas City, MO, on March 22, adverse or negative comment, or a States, on the relationship between the 1999. written notice of intent to submit an national government and the States, or Christopher R. Blum, adverse or negative comment is received on the distribution of power and Acting Manager, Air Traffic Division, Central within the comment period, the responsibilities among the various Region. regulation will become effective on the levels of government. Therefore, in [FR Doc. 99–9786 Filed 4–19–99; 8:45 am] date specified above. After the close of accordance with Executive Order 12612, BILLING CODE 4910±13±M the comment period, the FAA will it is determined that this final rule does publish a document in the Federal not have sufficient federalism Register indicating that no adverse or implications to warrant the preparation DEPARTMENT OF TRANSPORTATION negative comments were received and of a Federalism Assessment. confirming the date on which the final The FAA has determined that this Federal Aviation Administration rule will become effective. If the FAA regulation is noncontroversial and 14 CFR Part 71 does receive, within the comment unlikely to result in adverse or negative period, an adverse or negative comment, comments. For the reasons discussed in [Airspace Docket No. 99±ASW±04] or written notice of intent to submit the preamble, I certify that this such a comment, a document regulation (1) is not a ‘‘significant Revision of Class E Airspace; Lake withdrawing the direct final rule will be regulatory action’’ under Executive Charles, LA published in the Federal Register, and Order 12866; (2) is not a ‘‘significant AGENCY: Federal Aviation rule’’ under Department of a notice of proposed rulemaking may be Administration (FAA), DOT. published with a new comment period. Transportation (DOT) Regulatory Policies and Procedures (44 FR 11034, ACTION: Direct final rule; correction. Comments Invited February 26, 1979); and (3) if SUMMARY: This action corrects an error Although this action is in the form of promulgated, will not have a significant in the legal description of a direct final a final rule and was not preceded by a economic impact, positive or negative, rule that was published in the Federal notice of proposed rulemaking, on a substantial number of small entities Register on April 1, 1999 (64 FR 15676) comments are invited on this rule. under the criteria of the Regulatory and revised the Class E Airspace at Lake Interested persons are invited to Flexibility Act. Charles, LA. comment on this rule by submitting such written data, views, or arguments List of Subjects in 14 CFR Part 71 EFFECTIVE DATE: 0901 UTC, July 15, as they may desire. Communications Airspace, Incorporation by reference, 1999. should identify the Rules Docket Navigation (air). FOR FURTHER INFORMATION CONTACT: Donald J. Day, Airspace Branch, Air number and be submitted in triplicate to Adoption of the Amendment the address specified under the caption Traffic Division, Southwest Region, ADDRESSES. All communications Accordingly, the Federal Aviation Federal Aviation Administration, Fort received on or before the closing date Administration amends 14 CFR part 71 Worth, TX 76193–0520, telephone 817– for comments will be considered, and as follows: 222–5593. this rule may be amended or withdrawn PART 71ÐDESIGNATION OF CLASS A, SUPPLEMENTARY INFORMATION: in light of the comments received. CLASS B, CLASS C, CLASS D, AND History Factual information that supports the CLASS E AIRSPACE AREAS; commenter’s ideas and suggestions is AIRWAYS; ROUTES; AND REPORTING Federal Register Document 99–8018, extremely helpful in evaluating the POINTS Airspace Docket No. 99–ASW–04, effectiveness of this action and published on April 1, 1999 (64 FR determining whether additional 1. The authority citation for part 71 15676), revised the description of the rulemaking action would be needed. continues to read as follows: Class E airspace area at Lake Charles,

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LA. However, an error was made in the SUMMARY: The Food and Drug DEPARTMENT OF TRANSPORTATION legal description for the Lake Charles, Administration (FDA) published in the LA Class E airspace area. The location Federal Register of December 14, 1998 National Highway Traffic Safety of the Sulphy nondirectional radio (63 FR 68676), a direct final rule. The Administration beacon (NDB) and the legal description direct final rule amends FDA’s 23 CFR Part 1327 of the Class E airspace area relating to regulations governing investigational the Sulphy NDB were omitted. This new drug applications (IND’s) for [Docket No. NHTSA±98±5084] action corrects these errors. human drug and biological products. RIN 2127±AH54 Correction to Final Rule This action amends the IND clinical hold requirements to state that the Procedures for Participating in and Accordingly, pursuant to the Receiving Data From the National authority delegated to me, the legal agency will respond in writing to a Driver Register Problem Driver Pointer description of the Class E airspace area sponsor’s request that a clinical hold be System at Lake Charles, LA, as published in the removed from an investigation within 30-calendar days of the agency’s receipt Federal Register on April 1, 1999 (64 FR AGENCY: National Highway Traffic 15676), is corrected as follows: of the request and the sponsor’s Safety Administration (NHTSA), DOT. complete response to the issue(s) that ACTION: Final rule. § 71.1 [Corrected] led to the clinical hold. This document * * * * * confirms the effective date of the direct SUMMARY: This final rule announces that ASW LA E5 Lake Charles, LA [Corrected] final rule. changes made to NHTSA’s National Driver Register (NDR) regulations, Lake Charles Regional Airport, LA EFFECTIVE DATE: The effective date of the through an interim final rule (Lat. 30°07′34′′N., long. 93°13′24′′W.) direct final rule published at 63 FR implementing a recent amendment to Lake Charles, Chennault International 68676 is confirmed as April 28, 1999. Airport, LA the National Driver Register Act of 1982 (Lat. 30°12′25′′N., long. 93°08′37′′W.) FOR FURTHER INFORMATION CONTACT: (the Act), are adopted as final with some Sulphur, Southland Field, LA Murray M. Lumpkin, Center for Drug changes described below. The (Lat. 30°07′53′′N., long. 93°22′34′′W.) Evaluation and Research (HFD–2), amendment to the Act authorized the Sulphy NDB Commandant of the United States Coast ° ′ ′′ ° ′ ′′ Food and Drug Administration, (Lat. 30 11 55 N., long. 93 25 14 W.) Guard to request and receive 5600 Fishers Lane, Rockville, MD That airspace extending upward from 700 information from the NDR regarding the 20857, 301–594–5400, or feet above the surface within a 7.5-mile motor vehicle driving records of any radius of Lake Charles Regional Airport and Rebecca A. Devine, Center for officer, chief warrant officer, or enlisted within a 7-mile radius of Chennault Biologics Evaluation and Research International Airport and within 3.5 miles member of the Coast Guard or Coast each side of the 155° bearing from the airport (HFM–10), Food and Drug Guard Reserve (including a cadet or an extending from the 7-mile radius to 16.7 Administration, 1401 Rockville applicant for appointment or enlistment miles southeast of the airport and within a Pike, Rockville, MD 20852, 301– of any of the foregoing, and any member 6.5-mile radius of Southland Field and 827–0373. of a uniformed service who is assigned within 2.5 miles each side of the 326° bearing to the Coast Guard). NHTSA’s interim SUPPLEMENTARY INFORMATION: FDA from the Sulphy NDB extending from the 6.5- final rule established the procedures for mile radius to 7.5 miles northwest of the solicited comments concerning the such individuals to request, and for the airport. direct final rule for a 75-day period Commandant to receive, NDR * * * * * ending March 1, 1999. FDA stated that information. This final rule also puts in Issued in Fort Worth, TX on April 13, the effective date of the direct final rule place technical amendments affecting 1999. would be on April 28, 1999, 60 days the National Driver Register Act of 1982 Albert L. Viselli, after the end of the comment period, contained in the Transportation Equity Acting Manager, Air Traffic Division, unless any significant adverse comment Act for the 21st Century (TEA–21). Southwest Region. was submitted to FDA during the DATES: This final rule becomes effective [FR Doc. 99–9883 Filed 4–19–99; 8:45 am] comment period. FDA did not receive May 20, 1999. BILLING CODE 4910±13±M any significant adverse comments. FOR FURTHER INFORMATION CONTACT: Mr. Therefore, under the Federal Food, William Holden, Chief, Traffic Records Drug, and Cosmetic Act and under the and Driver Register Division, NTS–32. DEPARTMENT OF HEALTH AND authority delegated to the Commissioner National Highway Traffic Safety HUMAN SERVICES of Food and Drugs, notice is given that Administration, 400 Seventh Street, Food and Drug Administration no objections were filed in response to S.W., Washington, D.C. 20590; the December 14, 1998, final rule. telephone (202) 366–4800 or Ms. Heidi 21 CFR Part 312 Accordingly, the amendments issued L. Coleman, Assistant Chief Counsel for thereby are effective April 28, 1999. General Law, NCC–30, National [Docket No. 98N±0979] Highway Traffic Safety Administration, Dated: April 13, 1999. RIN 0910±AA84 400 Seventh Street, S.W., Washington, William K. Hubbard, D.C. 20590; telephone (202) 366–1834. Investigational New Drug Applications; Acting Deputy Commissioner for Policy. SUPPLEMENTARY INFORMATION: Clinical Holds; Confirmation of [FR Doc. 99–9768 Filed 4–19–99; 8:45 am] Effective Date Background BILLING CODE 4160±01±F AGENCY: Food and Drug Administration, The NDR is a central file of HHS. information on individuals whose license to operate a motor vehicle has ACTION: Direct final rule; confirmation of been denied, revoked, suspended or effective date. canceled, for cause, or who have been

VerDate 23-MAR-99 15:21 Apr 19, 1999 Jkt 183247 PO 00000 Frm 00019 Fmt 4700 Sfmt 4700 E:\FR\FM\20APR1.XXX pfrm01 PsN: 20APR1 19270 Federal Register / Vol. 64, No. 75 / Tuesday, April 20, 1999 / Rules and Regulations convicted of certain serious traffic- foregoing, and any member of a provide it to the Commandant and related violations such as racing on the uniformed service who is assigned to would indicate whether a match highways or driving while impaired by the Coast Guard). (probable identification) was found and, alcohol or other drugs. On December 2, 1997 (62 FR 63655), if so, the response would identify the The NDR Act of 1982, 49 U.S.C. 30301 NHTSA published an interim final rule State in which the full substantive et seq., authorizes State chief driver in the Federal Register amending the record can be found (the State of licensing officials to request and receive regulations that implement the Act. The record). The interim final rule information from the NDR for driver interim final rule provided that the encouraged the Commandant to obtain licensing and driver improvement procedures that the Commandant of the the substantive data relating to the purposes. When an individual applies Coast Guard would use to receive NDR match from the State of record to for a driver’s license, for example, the information on Coast Guard personnel determine whether the person described Act authorizes the chief driver licensing would be the same as those previously in the record is in fact the subject official in the State to request and used by the Coast Guard to receive individual before taking further action. receive NDR information in order to information regarding individuals who determine whether the applicant’s hold or who have applied for a license, Request for Comments driver’s license has been withdrawn for certificate of registry, or a merchant NHTSA requested comments from cause in any other State. Because the mariner’s document. interested persons on the procedures NDR is a national database, State chief The interim final rule explained that put in place by the interim final rule driver licensing officials need to submit the Commandant of the Coast Guard published in the Federal Register on only a single inquiry to obtain this may not initiate a request for NDR December 2, 1997. Those comments information. information. Rather, the individual were due no later than February 2, 1998. The Act also authorizes State chief member or applicant must do so. The The interim final rule explained that the driver licensing officials to request NDR interim final rule stated that to initiate agency would consider and respond to information on behalf of other NDR a request, the individual must either all comments and, if appropriate, would users for transportation safety purposes. complete, sign, and submit a request for make further amendments to the Until October 1996, the Act authorized an NDR file search, or the individual applicable provisions of 23 CFR Part the following entities to receive NDR must authorize the Commandant of the 1327. Since NHTSA received no information through requests to State Coast Guard to request the NDR file comments on the interim final rule, this chief driver licensing officials for the search by completing and signing a final rule adopts the interim final rule limited purpose of transportation safety: written consent. The request or written subject to the changes described below, the National Transportation Safety consent must explain that NDR records which NHTSA is adopting in Board (NTSB) and the Federal Highway are being requested; state specifically conformance with the amendments to Administration (FHWA) for accident who is authorized to receive the records; the Act contained in TEA–21. investigations; employers and be dated and signed by the individual prospective employers of motor vehicle (the member or applicant); and TEA–21 Amendments operators; the Federal Aviation specifically state that the authorization The Transportation Equity Act for the Administration (FAA) regarding any is valid for only one search of the NDR. 21st Century (TEA–21), Public Law individual who holds or has applied for The consent also must state specifically 105–178, 112 Stat. 107, was signed into an Airman’s Certificate; air carriers that the NDR identifies ‘‘probable’’ law on June 9, 1998. Section 2006 of the regarding individuals who are seeking matches that require further inquiry for law contained amendments to the employment with the air carrier; the verification, that it is recommended (but access provisions of the NDR Act of Federal Railroad Administration (FRA) not required) that the Commandant of 1982, as amended, 49 U.S.C. 30305(b). and employers or prospective employers the Coast Guard verify matches with the of locomotive operators; and the U.S. State of record, and the consent must Federal Transportation Licensing Coast Guard regarding any individual explain that individuals have the right Officials who holds or who has applied for a to request their own NDR records in TEA–21 amended the NDR Act of license, certificate of registry, or a order to verify the accuracy of that 1982 to permit the head of a Federal merchant mariner’s document. The Act information. department or agency that issues motor also provided that the U.S. Coast Guard The interim final rule indicated that vehicle operator’s licenses, such as the could not obtain NDR information that the Commandant of the Coast Guard State Department, to receive NDR was entered in the register more than may receive such information and shall information. This final rule puts in three years before the date of the make the information available to the place this change to the NDR request. In addition, the Act allowed individual. The interim final rule procedures. individuals to learn whether provided that the Commandant will not Other Federal Entities Can Directly information about themselves was in the receive any information that was Request NDR Information for Limited NDR file and to receive any such entered in the Register more than three Transportation Safety Purposes information. years before the date of the request, unless the information relates to a The TEA–21 amendments also Expanded Access to the Coast Guard revocation or suspension still in effect provide that any Federal department or On October 19, 1996, Public Law 104– on the date of the request. agency authorized to receive NDR 324 was enacted. Section 207 of that law The interim final rule stated, in information may request NDR contained an amendment to the Act accordance with Public Law 104–324, information directly from the NDR, authorizing the Commandant of the that requests to transmit NDR rather than requesting the information Coast Guard to request and receive NDR information to the Commandant were to through State chief driver licensing information regarding any officer, chief be submitted through a State chief officials. These Federal departments and warrant officer, or enlisted member of driver licensing official. agencies now include: the Chairman of the Coast Guard or Coast Guard Reserve The interim rule explained that the the National Transportation Safety (including a cadet or an applicant for NDR response would be sent to the chief Board (NTSB) and the Administrator of appointment or enlistment of any of the driver licensing official who would the Federal Highway Administration

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(FHWA) regarding an individual who is changes designed to simplify the Executive Order 12612 (Federalism the subject of an accident investigation regulations, reduce redundancies, and Assessment) conducted by the Board or make the regulations easier to follow. This action has been analyzed in Administrator; the Federal Aviation Regulatory Analyses and Notice accordance with the principles and Administration (FAA) regarding an criteria contained in Executive Order individual who has received or applied Executive Order 12778 (Civil Justice 12612, and it has been determined that for an Airman’s Certificate; the Federal Reform) this action does not have sufficient Railroad Administration (FRA) This final rule will not have any federalism implications to warrant the regarding a locomotive operator; the preparation of a federalism assessment. Commandant of the United States Coast preemptive or retroactive effect. The Guard regarding an individual who enabling legislation does not establish a List of Subjects in 23 CFR Part 1327 holds or who has applied for a license, procedure for judicial review of final Highway safety, Intergovernmental certificate of registry, or a merchant rules promulgated under its provisions. relations, National Driver Register, mariner’s document, and also regarding There is no requirement that individuals Reporting and recordkeeping any officer, chief warrant officer, or submit a petition for reconsideration or requirements, Transportation safety. other administrative proceedings before enlisted member of the Coast Guard or In consideration of the foregoing, the they may file suit in court. Coast Guard Reserve (including a cadet interim final rule published in the or an applicant for appointment or Executive Order 12866 (Regulatory Federal Register of December 2, 1997, enlistment of any of the foregoing, and Planning and Review) and DOT 62 CFR 63655, amending 23 CFR Part any member of a uniformed service who Regulatory Policies and Procedures 1327, is adopted as final, with the is assigned to the Coast Guard); and the following changes: head of a Federal department or agency The agency has determined that this that issues motor vehicle operator’s action is not a significant regulatory PART 1327ÐPROCEDURES FOR licenses regarding an applicant for a action within the meaning of Executive PARTICIPATING IN AND RECEIVING motor vehicle operator’s license from Order 12866 or Department of INFORMATION FROM THE NATIONAL such department or agency. Transportation Regulatory Policies and DRIVER REGISTER PROBLEM DRIVER As a result of this change, these Procedures. The changes in this interim POINTER SYSTEM Federal departments and agencies have final rule merely reflect amendments a choice between continuing to request contained in Public Law 104–324. 1. The authority citation for part 1327 NDR information through State driver Accordingly, a full regulatory evaluation continues to read as follows: licensing officials or, alternatively, is not required. Authority: Pub. L. 97–364, 96 Stat. 1740, requesting the NDR information as amended (49 U.S.C. 30301 et seq.); Regulatory Flexibility Act themselves, directly from the NDR. delegation of authority at 49 CFR 1.50. This final rule incorporates this In compliance with the Regulatory § 1327.5 [Amended] change into the NDR implementing Flexibility Act (Public Law 96–354, 5 2. Amend § 1327.5 as follows: regulations. The change is expected to U.S.C. 601–612), the agency has a. Paragraph (a)(1)(ii) is amended by reduce administrative burdens on both evaluated the effects of this action on revising ‘‘ii)’’ to read ‘‘(ii)’’; these Federal entities and the small entities. Based on the evaluation, b. Paragraph (c)(2) introductory text is participating States with respect to we certify that this action will not have amended by adding a sentence at the requests for and the receipt of NDR a significant impact on a substantial end to read as set forth below; and information. number of small entities. Accordingly, c. Redesignating paragraph (c)(3) as Suspensions or Revocations Still in the preparation of a Regulatory paragraph (c)(4) and by adding a new Effect Flexibility Analysis is unnecessary. paragraph (c)(3) to read as follows: Prior to the enactment of TEA–21, the Paperwork Reduction Act § 1327.5 Conditions for becoming a Act provided that employers or participating State. prospective employers of motor vehicle There are reporting requirements * * * * * operators could not receive NDR contained in the regulation that this rule (c) * * * information that was entered into the is amending that are considered to be (2) * * * Information may not be Register more than three years before ‘‘collection of information’’ obtained from the National Driver the date of the request. Other requesters, requirements, as defined by the Office of Register under this paragraph (c) if the such as the Commandant of the U.S. Management and Budget (OMB) in 5 information was entered in the Register Coast Guard, were subject to the same CFR Part 1320. Accordingly, these more than three years before the date of restraints, except that these entities requirements have been submitted the request unless the information is could receive NDR information received previously to and approved by OMB, about a revocation or suspension still in more than three years prior to the date pursuant to the requirements of the effect on the date of the request. of the request if the information Paperwork Reduction Act (44 U.S.C. * * * * * concerned a suspension or revocation 3501, et seq.). These requirements have (3) The head of a Federal department still in effect on the date of the request. been approved through September 30, or agency that issues motor vehicle TEA–21 amended the Act to apply 2000, under OMB No. 2127–0001. operator’s licenses about an individual this exception to employers and National Environmental Policy Act applicant for a motor vehicle operator’s prospective employers of motor vehicle license from such department or agency. operators. This final rule effects this The agency has analyzed this action The head of the department or agency change to the NDR implementing for the purpose of the National may request NDR information through regulations. Environmental Policy Act of 1969 (42 the chief driver licensing official of a U.S.C. 4321 et seq.) and has determined State and may receive the information, Other Changes that it will not have any significant provided the requesting Federal This final rule also amends the NDR impact on the quality of the human department or agency participates in the regulations with non-substantive environment. NDR as a reporting agency.

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(i) A reporting agency is an agency or FHWA may also submit a request for employer, as applicable, shall make the that transmits to the NDR a report an NDR file check to the NDR directly. information available to the individual. regarding any individual who has been (b) Federal departments or agencies (3) In the case of a match (probable denied a motor vehicle operator’s that issue motor vehicle operator’s identification), the FRA or the license for cause; whose motor vehicle licenses. To initiate an NDR file check, employer/prospective employer, as operator’s license is revoked, a Federal department or agency that applicable, should obtain the suspended, or canceled by that issues motor vehicle operator’s licenses substantive data relating to the record department or agency for cause; or about shall submit a request for such check to from the State of Record and verify that whom the department or agency has a participating State, in accordance with the person named on the probable been notified of a conviction of any of procedures established by that State for identification is in fact the individual the motor vehicle related offenses listed this purpose. The Federal department or concerned before using the information in paragraph (a)(1)(iii) of this section agency that issues motor vehicle as the basis of any action against the and Appendix A to this part and over operator’s licenses may also submit a individual. whom the department or agency has request for an NDR file check to the (f) U.S. Coast Guard. (1) To initiate an licensing authority. NDR directly, in accordance with NDR file check, the individual who (ii) All reports transmitted by a procedures established by the NDR for holds or who has applied for a license, reporting agency shall contain the that purpose. certificate of registry, or a merchant following data: (c) Employers or prospective mariner’s document or the officer, chief (A) The legal name, date of birth employers of motor vehicle operators warrant officer, or enlisted member of (including day, month, and year), sex, (including Federal Agencies). (1) To the Coast Guard or Coast Guard Reserve and, if available to the agency, height, initiate an NDR file check, the shall follow the procedures specified in weight, and eye color; individual who is employed or seeking § 1327.7. (2) Upon receipt of the NDR response, (B) The name of the agency employment as a motor vehicle operator the U.S. Coast Guard shall make the transmitting such information; and shall follow the procedures specified in (C) The social security account information available to the individual § 1327.7. number, if used by the reporting agency for review and written comment before (2) Upon receipt of the NDR response, for driver record or motor vehicle denying, suspending or revoking the the employer/prospective employer license purposes, and the motor vehicle license, certificate of registry, or shall make the information available to operator’s license number of such merchant mariner’s document of the the employee/prospective employee. individual (if that number is different individual based on that information (3) In the case of a match (probable from the operator’s social security and before using that information in any identification), the employer/ account number); except that action taken under chapter 77 of title 46, (D) Any report concerning an prospective employer should obtain the U.S. Code. occurrence identified in paragraph substantive data relating to the record (3) In the case of a match (probable (c)(3)(i) of this section which occurs from the State of Record and verify that identification), the U.S. Coast Guard during the two-year period preceding the person named on the probable should obtain the substantive data the date on which the agency becomes identification is in fact the employee/ relating to the record from the State of a participating agency shall be sufficient prospective employee before using the Record and verify that the person if it contains all such information as is information as the basis for any action named on the probable identification is available to the agency on such date. against the individual. in fact the individual concerned before (d) Federal Aviation Administration. using the information as the basis of any * * * * * (1) To initiate an NDR file check, the 3. Section 1327.6 is amended by action against the individual. individual who has applied for or redesignating paragraphs (g) and (h) as (g) Air carriers. (1) To initiate an NDR received an airman’s certificate shall paragraphs (h) and (i), by revising file check, the individual seeking follow the procedures specified in paragraphs (a) through (f), and by employment as a pilot with an air § 1327.7. adding a new paragraph (g) to read as carrier shall follow the procedures (2) Upon receipt of the NDR response, follows: specified in § 1327.7 and also must the FAA shall make the information specifically state that, pursuant to § 1327.6 Conditions and procedures for available to the airman for review and Section 502 of the Pilot Records other authorized users of the NDR. written comment. Improvement Act of 1996, Public Law (a) NTSB and FHWA. To initiate an (3) In the case of a match (probable 104–264, 110 Stat. 3259 (49 U.S.C. NDR file check before a fully electronic identification), the FAA should obtain 30305), the request (or written consent) Register system has been established, the substantive data relating to the serves as notice of a request for NDR the National Transportation Safety record from the State of Record and information concerning the individual’s Board or the Federal Highway verify that the person named on the motor vehicle driving record and of the Administration (Office of Motor probable identification is in fact the individual’s right to receive a copy of Carriers) shall submit a request for such airman concerned before using the such information. check to the State with which previous information as the basis of any action (2) Air carriers that maintain, or arrangements have been made, in against the individual. request and receive NDR information accordance with procedures established (e) Federal Railroad Administration about an individual must provide the by that State for this purpose. To initiate and/or employers or prospective individual a reasonable opportunity to an NDR file check once a fully employers of railroad locomotive submit written comments to correct any electronic Register system has been operators. (1) To initiate an NDR file inaccuracies contained in the records established, the NTSB or FHWA shall check, the individual employed or before making a final hiring decision submit a request for such check to the seeking employment as a locomotive with respect to the individual. participating State with which previous operator shall follow the procedures (3) In the case of a match (probable arrangements have been made, in specified in § 1327.7. identification), the air carrier should accordance with procedures established (2) Upon receipt of the NDR response, obtain the substantive data relating to by that State for this purpose. The NTSB the FRA or the employer/prospective the record from the State of Record and

VerDate 23-MAR-99 15:21 Apr 19, 1999 Jkt 183247 PO 00000 Frm 00022 Fmt 4700 Sfmt 4700 E:\FR\FM\20APR1.XXX pfrm01 PsN: 20APR1 Federal Register / Vol. 64, No. 75 / Tuesday, April 20, 1999 / Rules and Regulations 19273 verify that the person named on the recommended, but not required, that the Background probable identification is in fact the employer/prospective employer verify On October 21, 1998, the President individual concerned before using the matches with the State of Record; and signed the Omnibus Consolidated and information as the basis of any action that individuals have the right to Emergency Supplemental against the individual. request records regarding themselves Appropriations Act, 1999, Pub. L. 105– * * * * * from the NDR to verify their accuracy. 277. Division A, section 801 of that Act 4. Add a new section, 1327.7, to read Issued on: April 13, 1999. enacted into law 28 U.S.C. 530B, as follows: Ricardo Martinez, entitled ‘‘Ethical Standards for Federal § 1327.7 Procedures for NDR information Administrator, National Highway Traffic Prosecutors.’’ That statute provides as requests. Safety Administration. follows: (a) To initiate an NDR file check, an [FR Doc. 99–9653 Filed 4–19–99; 8:45 am] ‘‘(a) An attorney for the Government individual who is employed or seeking BILLING CODE 4910±59±P shall be subject to State laws and rules, employment as a motor vehicle and local Federal court rules, governing operator; who has applied for or attorneys in each State where such received an airman’s certificate; who is DEPARTMENT OF JUSTICE attorney engages in that attorney’s employed or seeking employment as a duties, to the same extent and in the 28 CFR Part 77 locomotive operator; who holds or has same manner as other attorneys in that applied for a license, certificate of [AG Order No. 2216±99] State. (b) The Attorney General shall make registry, or a merchant mariner’s and amend rules of the Department of document or is an officer, chief warrant Ethical Standards for Attorneys for the Justice to assure compliance with this officer, or enlisted member of the U.S. Government section. Coast Guard or Coast Guard Reserve; or AGENCY: Department of Justice. (c) As used in this section, the term who is seeking employment as a pilot ACTION: Interim final rule with request ‘‘attorney for the Government’’ includes with an air carrier; shall either: for comments. (1) Complete, sign and submit a any attorney described in § 77.2(a) of part 77 of title 28 of the Code of Federal request for an NDR file check directly to SUMMARY: This rule supersedes the Regulations and also includes any the chief driver licensing official of a Department of Justice regulations independent counsel, or employees of participating State in accordance with relating to Communications with such a counsel, appointed under procedures established by that State for Represented Persons and implements 28 this purpose; or chapter 40.’’ U.S.C. 530B pertaining to ethical Absent further congressional action, (2) Authorize, by completing and standards for attorneys for the signing a written consent, the 28 U.S.C. 530B will become effective on government. Under that provision, an April 19, 1999. authorized NDR user to request a file attorney for the Government shall be check through the chief driver licensing The Department is publishing this subject to State laws and rules, and local interim rule to meet the requirement of official of a participating State in federal court rules governing attorneys accordance with the procedures section 530B(b) that the Attorney in each State where such attorney General ‘‘make and amend rules * ** established by that State for this engages in that attorney’s duties, to the purpose. to assure compliance’’ with the same extent and in the same manner as legislation. Section 530B adopts the (b) If the authorized NDR user is an other attorneys in that State. This rule employer or prospective employer of a definition of the ‘‘attorney for the fulfills the Attorney General’s obligation government’’ that was contained in motor vehicle operator, the request for under section 530B and provides an NDR file check must be submitted § 77.2(a) of part 77 (now replaced), with guidance to all Department of Justice the exception that the scope of the through the chief driver licensing employees who are subject to section official of the State in which the definition has been expanded to include 530B regarding their obligations and an independent counsel, or employee of individual is licensed to operate a motor responsibilities under this new vehicle. such counsel, appointed pursuant to provision. chapter 40 of title 28, United States (c) If the authorized NDR user is the DATES: Effective Date: This interim rule head of a Federal department or agency, Code. As made clear by this definition, is effective April 19, 1999. section 530B applies only to Department the request for an NDR file check may Comment Date: Written comments be submitted instead directly to the of Justice attorneys and attorneys acting must be submitted on or before June 21, pursuant to Department authorization. It NDR in accordance with procedures 1999. established by the NDR for this purpose. does not apply to investigative agents ADDRESSES: Please submit written (d) The request for an NDR file check (even if they are attorneys), although, comments, in triplicate, to Department or the written consent, whichever is under the regulations, agents operating of Justice, Justice Management Division, used, must: under the direction of a covered 950 Pennsylvania Ave., NW., Room (1) State that the NDR records are to attorney will be required to conform 1110, Washington, DC 20530–0001 Attn: be released; their conduct if so required by the (2) State as specifically as possible Juliet A. Eurich. To ensure proper ethical rules that apply to the attorney. who is authorized to receive the records; handling, please refer to 28 U.S.C. 530B Section 530B also does not apply to (3) Be signed and dated by the on your correspondence. Comments are attorneys in other federal government individual (or the individual’s legal available for public inspection at the agencies, unless they are appointed as representative as appropriate); above address by calling 202–353–7300 Special Assistant United States (4) Specifically state that the to arrange for an appointment. Attorneys. authorization is valid for only one FOR FURTHER INFORMATION CONTACT: The Department has concluded that search of the NDR; and Juliet A. Eurich, Justice Management the text, title, and legislative history (5) Specifically state that the NDR Division, Department of Justice, 202– demonstrate that Section 530B applies identifies probable matches that require 353–7300. only to rules of ethical conduct, such as further inquiry for verification; that it is SUPPLEMENTARY INFORMATION: codes of professional responsibility

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Lowery, 166 Explaining 1993 Amendment to Rule Neither the Act nor its legislative F.3d 1119, 1124 (11th Cir. 1999) (section 8.5. history suggests that Section 530B 530B does not change pre-existing In crafting implementing regulations, should be interpreted to provide that principle that ‘‘state rule[s] of the Department sought to be consistent state rules of evidence or procedure or professional conduct cannot provide an with the statute’s language and its state substantive law will supersede the adequate basis for a federal court to legislative history by attempting to Federal Rules of Evidence, the Federal suppress evidence that is otherwise ensure that Department attorneys face Rules of Civil, Criminal, and Appellate admissible’’); United States v. Balter, 91 obligations similar to, but not greater Procedure, or the provisions of federal F.3d 427, 436 n.7 (3rd Cir.) (noting that than, those faced by non-Department substantive law. See United States v. even if Rule 4.2 applied to attorneys. The regulations thus Lowery, 166 F.3d 1119 (11th Cir. 1999) preindictment contracts, suppression recognize that attorneys are principally (interpreting Section 530B, prior to its would not be appropriate), cert. denied, subject to discipline by their state of effective date, and rejecting the 117 S.Ct. 517 (1996); United States v. licensure and the courts before which argument that, under Section 530B, state Heinz, 983 F.2d 609, 613–14 (5th Cir. they practice. Thus, although rules of professional responsibility 1993) (rejecting proposition that Department attorneys are also subject to govern admission of evidence in federal suppression would be an appropriate discipline by the Office of Professional court). Accordingly, Department remedy for violation of Rule 4.2); Responsibility, the regulations generally attorneys who are conducting Zambrano v. City of Tustin, 885 F.2d direct Department attorneys to look, investigations under federal law or 1473, 1475 n.4 (9th Cir. 1989) (district according to the circumstances, to the litigation in the federal courts are not court should not have declared mistrial rules of the court before which they are required to comply with state rules of based on ethical lapses of attorneys); appearing and the rules of their evidence or procedure or state United States v. Dennis, 843 F.2d 652, licensing jurisdiction. substantive law. Similarly, the 657 (2nd Cir. 1988) (sanction for ethical Consequently, the Department crafted Department has also concluded that violations ‘‘should be disciplinary regulations that (1) seek to define the section 530B does not provide authority action,’’ not adverse consequences in statutory language in a reasonable way, for state bars or federal courts to enact criminal litigation); Johnson v. Cadillac consistent with settled principles of substantive or procedural rules in the Plastic Group, Inc., 930 F.Supp. 1437, statutory construction and the guise of ethics rules or to exceed 1442 (D.Colo. 1996) (exclusion of legislative history of section 530B, and otherwise applicable regulatory, evidence in a civil case is ‘‘an (2) identify issues that Department statutory, or constitutional limits on inappropriate remedy’’ for alleged attorneys should examine when faced their ability to promulgate rules. violation of Rule 4.2). with a question about what state’s rule Under various federal statutes, the applies. The Department has concluded Section 530B(a) directs Department Attorney General has the authority to that the regulations comply with section attorneys to comply with rules of ethical assign any officer of the Justice 530B’s statutory directive to make conduct ‘‘in each State where such Department to appear on behalf of the regulations that will assure compliance attorney engages in that attorney’s United States in any case in any court with the statute and, at the same time, duties, to the same extent and in the in the United States, so long as that provide reasonable protection for any same manner as other attorneys in that attorney is duly licensed and authorized Department attorney who makes a good State.’’ The Department has concluded to practice as an attorney under the laws faith attempt to determine what state’s of a State, territory, or the District of that section 530B does not authorize ethics rules apply and to comply with Columbia. See 28 U.S.C. 509, 510, state authorities to impose stricter rules those ethics rules. The decision to 515(a), 516, 517, 519, 533, 547; Pub. L. on Department attorneys than on other replace the Department’s regulation on 96–132, 93 Stat. 1040, 1044 (1979); and attorneys and in no way alters contacts with represented parties does Pub. L. 105–277, section 102 of the prevailing state and federal court rules not constitute a determination that any Departments of Commerce, Justice and of ethical conduct that provide of the conduct previously authorized by State, the Judiciary, and Related exceptions for the conduct of those regulations is impermissible. Agencies Appropriations Act, 1999. government attorneys. The regulations generally direct Section 530B does not alter, amend, or Department attorneys represent the Department attorneys to comply with supersede those statutes, or in any way United States in courts throughout the the rule of the court before which they interfere with the Attorney General’s country, and also supervise or otherwise are litigating. The Department believes authority to determine who may participate in investigations that cross that this should generally be sufficient, represent the United States in any state lines. Determining what rules but Department attorneys should also proceeding. apply to particular conduct presents the consider whether their state of licensure Section 530B directs Department most complex issues from both an would apply a different rule to their attorneys to comply with rules of ethical interpretation and an application conduct. If there is no pending case, the conduct, but is silent on enforcement standpoint, especially in instances regulations direct Department attorneys mechanisms. For this reason, section involving Department attorneys to comply with the rules of their state 530B does not change the enforcement stationed in litigating components of the of licensure, but to consider whether authority of the Department of Justice’s Department of Justice in Washington, application of choice of law principles Office of Professional Responsibility, DC who investigate and litigate cases in would direct the attorney to comply state authorities, or the federal courts. numerous jurisdictions around the with a different rule. Furthermore, the Department has country and in cases where Department Finally, the regulations recognize the determined that Section 530B does not attorneys are licensed in one state and importance of consultation concerning create new enforceable rights for are stationed or conducting litigation in an attorney’s ethical responsibilities. litigants against the federal government. another jurisdiction. As has frequently The Department strongly believes that This comports with the long line of been recognized, ‘‘existing authority as attorneys should be encouraged to judicial authority holding that to (the) choice of law in the area of consult concerning their ethical violations of rules of professional ethics rules is unclear and obligations and that agents should be responsibility do not create private inconsistent.’’ ABA Committee Report encouraged to seek legal advice where

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The regulations prohibit Regulatory Flexibility Act competition, employment, investment, supervisory attorneys from directing The Attorney General, in accordance productivity, innovation, or on the attorneys or agents to engage in conduct with the Regulatory Flexibility Act (5 ability of the United States-based if that would violate relevant ethics U.S.C. 605(b)), has reviewed this companies to compete with foreign- rules, but also recognize that an attorney regulation and, by approving it, certifies based companies in domestic and who, in good faith, provides legal advice that this regulation will not have a export markets. or guidance to an agent (without significant economic impact on a Plain Language Instructions otherwise controlling the agent’s substantial number of small entities actions) or gives guidance to an attorney because these regulations provide We try to write clearly. If you can about that attorney’s ethical obligations guidance to those affected by 28 U.S.C. suggest how to improve the clarity of should not be deemed to violate these 530B regarding their obligations under these regulations, call or write Robert rules. the statute. Hinchman, Department of Justice, Office of Policy Development, 950 Administrative Procedures Act 5 U.S.C. Executive Order 12866 Pennsylvania Avenue, NW., Room 4258, 553: Good Cause Exception This regulation has been drafted and Washington, DC 20530–0001, 201–514– The Department is implementing this reviewed in accordance with Executive 8059. Order 12866, section 1(b), Principles of interim final rule to provide an List of Subjects in 28 CFR Part 77 interpretation of Section 530B that those Regulation. The Department of Justice affected by that statute can use as a has determined that this rule is not a Government employees, guide in carrying out their duties. The ‘‘significant regulatory action’’ under Investigations, Law Enforcement, Department began the work needed to section 3(f) of Executive Order 12866, Lawyers. determine the rules and procedures Regulatory Planning and Review, and Accordingly, part 77 of chapter I of required to best comply with section accordingly this rule has not been title 28 of the Code of Federal 530B promptly after that statute was reviewed by the Office of Management Regulations is revised to read as follows: enacted into law in 1998, but found that and Budget. PART 77ÐETHICAL STANDARDS FOR it was not possible to develop a Executive Order 12612 workable rule, complete the inter- ATTORNEYS FOR THE GOVERNMENT departmental review process needed to This regulation will not have Sec. ensure that the rule adequately substantial direct effects on the States, on the relationship between the national 77.1 Purpose and authority. responded to the requirements of the 77.2 Definitions. statute and the practical concerns faced government and the States, or on distribution of power and 77.3 Application of 28 U.S.C. 530B. by Department attorneys on a daily 77.4 Guidance. basis, and provide a meaningful period responsibilities among the various 77.5 No private remedies. of notice and comment before the levels of government. Therefore, in Authority: 28 U.S.C. 530B. statute takes effect on April 19, 1999. It accordance with Executive Order 12612, § 77.1 Purpose and authority. is imperative that Department attorneys it is determined that this rule does not affected by section 530B have some have sufficient federalism implications (a) The Department of Justice is early guidance concerning the standards to warrant the preparation of a committed to ensuring that its attorneys of ethical conduct to which they will be Federalism Assessment. perform their duties in accordance with held when that statute goes into effect. Executive Order 1988—Civil Justice the highest ethical standards. The Unless guidance is promptly provided, Reform purpose of this part is to implement 28 U.S.C. 530B and to provide guidance to attorneys for the Department will be left This regulation meets the applicable with substantial uncertainty regarding attorneys concerning the requirements standards set forth in sections 3(a) and imposed on Department attorneys by 28 what rules they must follow in 3(b)(2) of Executive Order 12988. performing their duties and supervising U.S.C. 530B. others. Such uncertainty would run Unfunded Mandates Reform Act of (b) Section 530B requires Department counter to the purpose of the Act and 1995 attorneys to comply with state and local would likely chill prosecutors in the This rule will not result in the federal court rules of professional discharge of their critical duties. After expenditure by State, local, and tribal responsibility, but should not be completing the long and difficult government, in the aggregate, or by the construed in any way to alter federal process of developing regulations that private sector, of $100,000,000 or more substantive, procedural, or evidentiary interpret and adequately respond to the in any one year, and it will not law or to interfere with the Attorney requirements of Section 530B, the significantly or uniquely affect small General’s authority to send Department Department is of the view that there is governments. Therefore, no actions were attorneys into any court in the United a significant benefit in its receiving deemed necessary under the provisions States. public comments after the interim final of the Unfunded Mandates Reform Act (c) Section 530B imposes on rule has been issued. Accordingly, the of 1995. Department attorneys the same rules of Department will provide a sixty day professional responsibility that apply to period of comment, commencing upon Small Business Regulatory Enforcement non-Department attorneys, but should the publication of its rule. However, in Fairness Act of 1996 not be construed to impose greater the unique circumstances presented, the This rule is not a major rule as burdens on Department attorneys than Department has determined that, in the defined by section 251 of the Small those on non-Department attorneys or to interim, the guidance should Business Regulatory Enforcement alter rules of professional responsibility nonetheless take effect. To the extent Fairness Act of 1996, 5 U.S.C. 804. This that expressly exempt government necessary in these circumstances, the rule will not result in an annual effect attorneys from their application. Department has determined that ‘‘good on the economy of $100,000,000 or (d) The regulations set forth in this cause’’ exists for issuing its rule without more; a major increase in costs or prices; part seek to provide guidance to prior notice and comment. or significant adverse effects on Department attorneys in determining

VerDate 23-MAR-99 15:21 Apr 19, 1999 Jkt 183247 PO 00000 Frm 00025 Fmt 4700 Sfmt 4700 E:\FR\FM\20APR1.XXX pfrm01 PsN: 20APR1 19276 Federal Register / Vol. 64, No. 75 / Tuesday, April 20, 1999 / Rules and Regulations the rules with which such attorneys basis for a civil law enforcement (i) If there is a case pending, the rules should comply. proceeding. of ethical conduct adopted by the local (d) The phrase civil law enforcement federal court or state court before which § 77.2 Definitions. proceeding means a civil action or the case is pending; or As used in this part, the following proceeding before any court or other (ii) If there is no case pending, the terms shall have the following tribunal brought by the Department of rules of ethical conduct that would be meanings, unless the context indicates Justice under the authority of the United applied by the attorney’s state of otherwise: States to enforce federal laws or licensure. (a) The phrase attorney for the regulations, and includes proceedings (2) A Department attorney does not government means the Attorney related to the enforcement of an ‘‘engage[] in that attorney’s duties’’ in General; the Deputy Attorney General; administrative subpoena or summons or any states in which the attorney’s the Solicitor General; the Assistant civil investigative demand. conduct is not substantial and Attorneys General for, and any attorney (e) The terms conduct and activity continuous, such as a jurisdiction in employed in, the Antitrust Division, means any act performed by a which an attorney takes a deposition Civil Division, Civil Rights Division, Department attorney that implicates a (related to a case pending in another Criminal Division, Environment and rule governing attorneys, as that term is court) or directs a contact to be made by Natural Resources Division, and Tax defined in paragraph (h) of this section. an investigative agent, or responds to an Division; the Chief Counsel for the DEA (f) The phrase Department attorney[s] inquiry by an investigative agent. Nor and any attorney employed in that is synonymous with the phrase does the phrase include any jurisdiction office; the General Counsel of the FBI ‘‘attorney[s] for the government’’ as that would not ordinarily apply its rules and any attorney employed in that office defined in this section. of ethical conduct to particular conduct or in the (Office of General Counsel) of (g) The term person means any or activity by the attorney. the FBI; any attorney employed in, or individual or organization. (k) The phrase to the same extent and head of, any other legal office in a (h) The phrase state laws and rules in the same manner as other attorneys Department of Justice agency; any and local federal court rules governing means that Department attorneys shall United States Attorney; any Assistant attorneys means rules enacted or only be subject to laws and rules of United States Attorney; any Special adopted by any State or Territory of the ethical conduct governing attorneys in Assistant to the Attorney General or United States or the District of Columbia the same manner as such rules apply to Special Attorney duly appointed or by any federal court, that prescribe non-Department attorneys. The phrase pursuant to 28 U.S.C. 515; any Special ethical conduct for attorneys and that does not, however, purport to eliminate Assistant United States Attorney duly would subject an attorney, whether or or otherwise alter state or federal laws appointed pursuant to 28 U.S.C. 543 not a Department attorney, to and rules and federal court rules that who is authorized to conduct criminal professional discipline, such as a code expressly exclude some or all or civil law enforcement investigations of professional responsibility. The government attorneys from particular or proceedings on behalf of the United phrase does not include: limitations or prohibitions. States; and any other attorney employed (1) Any statute, rule, or regulation § 77.3 Application of 28 U.S.C. 530B. by the Department of Justice who is which does not govern ethical conduct, authorized to conduct criminal or civil such as rules of procedure, evidence, or In all criminal investigations and law enforcement proceedings on behalf substantive law, whether or not such prosecutions, in all civil investigations of the United States. The phrase rule is included in a code of and litigation (affirmative and attorney for the government also professional responsibility for attorneys; defensive), and in all civil law (2) Any statute, rule, or regulation that includes any independent counsel, or enforcement investigations and purports to govern the conduct of any employee of such counsel, appointed proceedings, attorneys for the class of persons other than attorneys, under chapter 40 of title 28, United government shall conform their conduct such as rules that govern the conduct of States Code. and activities to the state rules and laws, all litigants and judges, as well as and federal local court rules, governing The phrase attorney for the attorneys; or government does not include attorneys attorneys in each State where such (3) A statute, rule, or regulation attorney engages in that attorney’s employed as investigators or other law requiring licensure or membership in a enforcement agents by the Department duties, to the same extent and in the particular state bar. same manner as other attorneys in that of Justice who are not authorized to (i) The phrase state of licensure means represent the United States in criminal State, as these terms are defined in the District of Columbia or any State or § 77.2 of this part. or civil law enforcement litigation or to Territory where a Department attorney supervise such proceedings. is duly licensed and authorized to § 77.4 Guidance. (b) The term case means any practice as an attorney. This term shall (a) Rules of the court before which a proceeding over which a state or federal be construed in the same manner as it case is pending. A government attorney court has jurisdiction, including has been construed pursuant to the shall, in all cases, comply with the rules criminal prosecutions and civil actions. provisions of Pub. L. 96–132, 93 Stat. of ethical conduct of the court before This term also includes grand jury 1040, 1044 (1979), and Sec. 102 of the which a particular case is pending. investigations and related proceedings Departments of Commerce, Justice and (b) Inconsistent rules where there is a (such as motions to quash grand jury State, the Judiciary, and Related Agency pending case. subpoenas and motions to compel Appropriations Act, 1999, Pub. L. 105– (1) If the rule of the attorney’s state of testimony), applications for search 277. licensure would prohibit an action that warrants, and applications for electronic (j)(1) The phrase where such attorney is permissible under the rules of the surveillance. engages in that attorney’s duties court before which a case is pending, (c) The phrase civil law enforcement identifies which rules of ethical conduct the attorney should consider: investigation means an investigation of a Department attorney should comply (i) Whether the attorney’s state of possible civil violations of, or claims with, and means, with respect to licensure would apply the rule of the under, federal law that may form the particular conduct: court before which the case is pending,

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This approval action will rule. create a right or benefit, substantive or incorporate these rules into the (2) In the process of considering the procedural, enforceable at law by a Federally approved SIP. The intended factors described in paragraph (b)(1) of party to litigation with the United effect of approving of these rules is to this section, the attorney is encouraged States, including criminal defendants, regulate emissions of oxides of nitrogen to consult with a supervisor or targets or subjects of criminal (NOX) in accordance with the Professional Responsibility Officer to investigations, witnesses in criminal or requirements of the Clean Air Act, as determine the best course of conduct. civil cases (including civil law amended in 1990 (CAA or the Act). enforcement proceedings), or plaintiffs Thus, EPA is finalizing the approval of (c) Choice of rules where there is no or defendants in civil investigations or these revisions into the California SIP pending case. litigation; or any other person, whether under provisions of the CAA regarding (1) Where no case is pending, the or not a party to litigation with the EPA actions on SIP submittals, SIPs for attorney should generally comply with United States, or their counsel; and national primary and secondary ambient the ethical rules of the attorney’s state shall not be a basis for dismissing air quality standards (NAAQS), and of licensure, unless application of criminal or civil charges or proceedings plan requirements for nonattainment traditional choice-of-law principles or for excluding relevant evidence in areas. directs the attorney to comply with the any judicial or administrative DATES: These rules are effective on June ethical rule of another jurisdiction or proceeding. Nor are any limitations court, such as the ethical rule adopted 21, 1999 without further notice, unless placed on otherwise lawful litigative EPA receives adverse comments by May by the court in which the case is likely prerogatives of the Department of Justice to be brought. 20, 1999. If EPA receives such as a result of this part. comments, then it will publish a timely (2) In the process of considering the Dated: April 14, 1999. withdrawal in the Federal Register factors described in paragraph (c)(1) of Janet Reno, informing the public that these rules this section, the attorney is encouraged will not take effect. to consult with a supervisor or Attorney General. Professional Responsibility Officer to [FR Doc. 99–9845 Filed 4–19–99; 8:45 am] ADDRESSES: Written comments must be determine the best course of conduct. BILLING CODE 4410±19±M submitted to Andrew Steckel at the (d) Rules that impose an Region IX office listed below. Copies of irreconcilable conflict. If, after the rules and EPA’s evaluation report of consideration of traditional choice-of- ENVIRONMENTAL PROTECTION each rule are available for public law principles, the attorney concludes AGENCY inspection at EPA’s Region IX office that multiple rules may apply to during normal business hours. Copies of particular conduct and that such rules 40 CFR Part 52 the submitted rules are also available for inspection at the following locations: impose irreconcilable obligations on the [CA 164±0112a; FRL±6324±8] attorney, the attorney should consult Rulemaking Office, AIR–4, Air Division, with a supervisor or Professional Approval and Promulgation of U.S. Environmental Protection Responsibility Officer to determine the Implementation Plans; California State Agency, Region IX, 75 Hawthorne best course of conduct. Implementation Plan Revision; Street, San Francisco, CA 94105– (e) Supervisory attorneys. Each Sacramento Metropolitan Air Quality 3901. attorney, including supervisory Management District (SMAQMD), Environmental Protection Agency, Air attorneys, must assess his or her ethical Mojave Desert Air Quality Management Docket (6102), 401 ‘‘M’’ Street, SW, obligations with respect to particular District (MDAQMD), and the Ventura Washington, DC 20460. conduct. Department attorneys shall not County Air Pollution Control District California Air Resources Board, direct any attorney to engage in conduct (VCAPCD) as Revisions to the Stationary Source Division, Rule that violates section 530B. A supervisor California State Implementation Plan Evaluation Section, 2020 ‘‘L’’ Street, or other Department attorney who, in (SIP) Sacramento, CA 95812. Sacramento Metropolitan Air Quality good faith, gives advice or guidance to AGENCY: Environmental Protection Management District (SMAQMD), another Department attorney about the Agency (EPA). other attorney’s ethical obligations 8475 Jackson Rd., Suite 200, ACTION: Direct final rules. should not be deemed to violate these Sacramento, CA 95826–3904. rules. SUMMARY: EPA is taking direct final Mojave Desert Air Quality Management (f) Investigative Agents. A Department action to approve revisions to the District, 21865 E. Copley Drive, attorney shall not direct an investigative California State Implementation Plan Diamond Bar, CA 91765–4182. agent acting under the attorney’s (SIP). The revisions concern rules from Ventura County Air Pollution Control supervision to engage in conduct under Sacramento Metropolitan Air Quality District (VCAPCD), 800 South Victoria circumstances that would violate the Management District (SMAQMD), Avenue, Ventura, CA 93009. attorney’s obligations under section Mojave Desert Air Quality Management FOR FURTHER INFORMATION CONTACT: Ed 530B. A Department attorney who in District (MDAQMD), and the Ventura Addison, Rulemaking Office, AIR–4, Air good faith provides legal advice or County Air Pollution Control District Division, U.S. Environmental Protection guidance upon request to an (VCAPCD) as revisions to the California Agency, Region IX, 75 Hawthorne investigative agent should not be State Implementation Plan (SIP). Street, San Francisco, CA 94105–3901. deemed to violate these rules. SMAQMD’s Rule 414 controls emissions Telephone: (415) 744–1185.

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SUPPLEMENTARY INFORMATION: technologies guidelines (CTG) 55620) and various other EPA policy 3 I. Applicability document or a post-enactment CTG guidance documents. Among those document) by November 15, 1992. provisions is the requirement that a The rules being approved into the There were no NOX CTGs issued before NOX rule must, at a minimum, provide California SIP include: SMAQMD’s Rule enactment and EPA has not issued a for the implementation of RACT for 414, Natural Gas-fired Water Heaters; CTG document for any NOX sources stationary sources of NOX emissions. MDAQMD’s Rule 1157, Boilers and since enactment of the CAA. The RACT For the purposes of assisting State and Process Heaters; and VCAPCD’s Rule rules covering NOX sources and local agencies in developing NOX RACT 74.16, Oilfield Drilling Operations. submitted as SIP revisions are expected rules, EPA prepared the NOX SMAQMD’s Rule 414 was submitted by to require final installation of the actual Supplement to the General Preamble. In the State of California to EPA on March NOX controls as expeditiously as the NOX Supplement, EPA provides 10, 1998, MDAQMD’s Rule 1157 on practicable, but no later than May 31, preliminary guidance on how RACT August 1, 1997 and VCAPCD Rule 74.16 1995. will be determined for stationary on April 5, 1991. This document addresses EPA’s direct sources of NOX emissions. While most II. Background final action for SMAQMD’s Rule 414, of the guidance issued by EPA on what Natural Gas-fired Water Heaters; constitutes RACT for stationary sources On November 15, 1990, the Clean Air MDAQMD’s Rule 1157, Boilers and has been directed towards application Act Amendments of 1990 were enacted. Process Heaters; and VCAPCD’s Rule for VOC sources, much of the guidance Pub. L. 101–549, 104 Stat. 2399, 74.16, Oilfield Drilling Operations. is also applicable to RACT for stationary codified at 42 U.S.C. 7401–7671q. The The State of California submitted sources of NOX (see section 4.5 of the air quality planning requirements for many revised RACT rules to EPA for NOX Supplement). In addition, pursuant the reduction of NOX emissions through incorporation into its SIP on March 10, to section 183(c), EPA is issuing reasonably available control technology 1998, including SMAQMD’s Rule 414. alternative control technique documents (RACT) are set out in section 182(f) of MDAQMD’s Rule 1157 was submitted (ACTs), that identify alternative controls the Clean Air Act. on August 1, 1997 and VCAPCD’s Rule for all categories of stationary sources of On November 25, 1992, EPA 74.16 on April 5, 1991. Rule 414 was NOX. The ACT documents will provide published a proposed rule entitled, found to be complete on May 21, 1998, information on control technology for ‘‘State Implementation Plans; Nitrogen Rule 1157 on September 30, 1997, and stationary sources that emit or have the Oxides Supplement to the General Rule 74.16 on May 21, 1991; pursuant potential to emit 25 tons per year or Preamble; Clean Air Act Amendments to EPA’s completeness criteria that are more of NOX. However, the ACTs will of 1990 Implementation of Title I; set forth in 40 CFR Part 51, Appendix not establish a presumptive norm for Proposed Rule,’’ (the NOX Supplement) V 2 and are being finalized for approval what is considered RACT for stationary which describes and provides into the SIP. sources of NOX. In general, the guidance preliminary guidance on the NOX emissions contribute to the documents cited above, as well as other requirements of section 182(f). The production of ground level ozone and relevant and applicable guidance November 25, 1992, action should be smog. SMAQMD’s Rule 414 controls documents, have been set forth to referred to for further information on the emissions of oxides of nitrogen from ensure that submitted NOX RACT rules NO X requirements and is incorporated natural gas-fired water heaters; meet Federal RACT requirements and into this document by reference. MDAQMD’s Rule 1157 controls are fully enforceable and strengthen or Section 182(f) of the Clean Air Act emissions from boilers and process maintain the SIP. requires States to apply the same heaters; and VCAPCD’s Rule 74.16 The California Air Resources Board requirements to major stationary sources controls emissions of oxides of nitrogen (CARB) has developed guidance of NOX (‘‘major’’ as defined in section from oilfield drilling operations. These documents determining Reasonably 302 and sections 182(c), (d), and (e)) as rules were originally adopted as part of Available Control Technology and Best are applied to major stationary sources Districts’ efforts to achieve the National Available Retrofit Control Technology. of volatile organic compounds (VOCs), Ambient Air Quality Standard (NAAQS) EPA has used CARB’s guidance in moderate or above ozone for ozone, and in response to the CAA documents in evaluating Sacramento nonattainment areas. Sacramento requirements cited above. The following Rule MDAQMD 1157, Emissions from Metropolitan Air Quality Management is EPA’s evaluation and final action for Boilers and Process Heaters; and District (SMAQMD), Mojave Desert Air these rules. VCAPCD’s Rule 74.16, Oilfield Drilling Quality Management District Operations for consistency with the (MDAQMD), and the Ventura County III. EPA Evaluation and Proposed CAA’s RACT requirements. Air Pollution Control District (VCAPCD) Action There is currently no version of 1 are classified as serious or above; In determining the approvability of a SMAQMD’s Rule 414, Natural Gas-fired therefore these areas are subject to the NOX rule, EPA must evaluate the rule Water Heaters, in the SIP. SMAQMD’s RACT requirements of section 182(b)(2) for consistency with the requirements of Rule 414, Natural Gas-fired Water cited below and the November 15, 1992 the CAA and EPA regulations, as found Heaters, establishes nitrogen oxide deadline. in section 110 and Part D of the CAA emissions for natural gas-fired water Section 182(b)(2) requires submittal of and 40 CFR Part 51 (Requirements for heaters with rated heat input of less RACT rules for major stationary sources Preparation, Adoption, and Submittal of than 75,000 Btu/hr. of VOC (and NOX) emissions (not Implementation Plans). The EPA covered by a pre-enactment control interpretation of these requirements, 3 Among other things, the pre-amendment which forms the basis for today’s action, guidance consists of those portions of the proposed 1 MDAQMD AND VCAPCD areas retained their post-1987 ozone and carbon monoxide policy that designation of nonattainment and were classified by appears in the NOX Supplement (57 FR concern RACT, 52 FR 45044 (November 24, 1987); operation of law pursuant to sections 107(d) and ‘‘Issues Relating to VOC regulation Cutpoints, 181(a) upon the date of enactment of the CAA. See 2 EPA adopted the completeness criteria on Deficiencies, and Deviation, Clarification to 55 FR 56694 (November 6, 1991). The Sacramento February 16, 1990 (55 FR 5830) and, pursuant to Appendix D of November 24, 1987 Federal Register Metro Area was reclassified from serious to severe section 110(k)(1)(A) of the CAA, revised the criteria Notice’’ (Blue Book) (notice of availability was on June 1, 1995. See 60 FR 20237 (April 25, 1995). on August 26, 1991 (56 FR 42216). published in the Federal Register on May 25, 1988).

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There is currently no version of In evaluating the rules, EPA must also rule will be effective on June 21, 1999 MDAQMD’s Rule 1157, Boilers and determine whether the section 182(b) and no further action will be taken on Process Heaters, in the SIP. MDAQMD’s requirement for RACT implementation the proposed rule. Rule 1157, Boilers and Process Heaters, by May 31, 1995 is met. Under certain IV. Administrative Requirements establishes RACT emission circumstances, the determination of requirements for oxides of nitrogen what constitutes RACT can include A. Executive Order 12866 (NOX) and carbon monoxide (CO) consideration of advanced control The Office of Management and Budget emissions for all new and existing technologies such as CARB BARCT (OMB) has exempted this regulatory institutional and industrial boilers, requirements. The submitted rules, action from Executive Order (E.O.) steam generators and process heaters SMAQMD Rule 414, MDAQMD Rule 12866, Regulatory Planning and Review. with rated heat inputs of greater than or 1157 and VCAPCD Rule 74.16, conform equal to five million Btu per hour with the CARB Determination of B. Executive Order 12875 (MMBtu/hr), located within the Federal Reasonably Available Control Under Executive Order 12875, Ozone Non-attainment Area of San Technology (RACT) and Best Available Enhancing the Intergovernmental Bernardino County. The Rule also Retrofit Control Technology (BARCT) Partnership, EPA may not issue a for Control of Oxides of Nitrogen and establishes Best Available Retrofit regulation that is not required by statute Control Technologies (BARCT) emission they conform with Section 182(b). and that creates a mandate upon a State, requirements for any existing unit A detailed discussion of the sources local or tribal government, unless the currently permitted to emit more than controlled, the controls required, and Federal government provides the funds five (5) tons per day, or more than 250 justification for why these controls necessary to pay the direct compliance tons per year of oxides of nitrogen represent RACT can be found in the costs incurred by those governments, or (NOX). Technical Support Documents (TSDs) There is currently no version of for SMAQMD’s Rule 414, MDAQMD’s EPA consults with those governments. If VCAPCD’s Rule 74.16, Oilfield Drilling Rule 1157 and VCAPCD’s Rule 74.16, EPA complies by consulting, Executive Operations, in the SIP. VCAPCD’s Rule dated November 6, 1998 which are Order 12875 requires EPA to provide to 74.16, Oilfield Drilling Operations, available from the U.S. EPA Region IX the Office of Management and Budget a establishes nitrogen oxide emissions office. description of the extent of EPA’s prior limits for stationary internal combustion EPA has evaluated the submitted consultation with representatives of engines of 50 HP and larger oilfield rules and has determined them affected State, local and tribal drilling operations. The rule will require consistent with the CAA, EPA governments, the nature of their drilling rigs to be electrically powered regulations and EPA policy. Therefore, concerns, copies of any written unless the installation of utility SMAQMD’s Rule 414, Emissions of communications from the governments, electricity is not cost effective based Oxides of Nitrogen from Natural Gas- and a statement supporting the need to upon Best Available Control Technology fired Water Heaters; MDAQMD’s Rule issue the regulation. In addition, (BACT) Guidelines. 1157, Boilers and Process Heaters; and Executive Order 12875 requires EPA to The submitted rules include the VCAPCD’s Rule 74.16, Oilfield Drilling develop an effective process permitting following provisions: Operations are being approved under elected officials and other • General provisions including section 110(k)(3) of the CAA as meeting representatives of State, local and tribal applicability, exemptions, and the requirements of section 110(a), governments ‘‘to provide meaningful definitions. section 182(b)(2), section 182(f) and the and timely input in the development of • Exhaust emissions standards for NOX Supplement to the General regulatory proposals containing oxides of nitrogen (NOX). Preamble. significant unfunded mandates.’’ • Compliance and monitoring EPA is publishing this rule without Today’s rules do not create a mandate requirements including compliance prior proposal because the Agency on State, local or tribal governments. schedule, reporting requirements, views this as a noncontroversial The rules do not impose any enforceable monitoring and record keeping, and test amendment and anticipates no adverse duties on these entities. Accordingly, methods. comments. However, in the proposed the requirements of section 1(a) of E.O. Rules submitted to EPA for approval rules section of this Federal Register 12875 do not apply to these rules. as revisions to the SIP must be fully publication, EPA is publishing a C. Executive Order 13045 enforceable, must maintain or separate document that will serve as the strengthen the SIP and must conform proposal to approve the SIP revision Protection of Children from with EPA policy in order to be approved should adverse comments be filed. This Environmental Health Risks and Safety by EPA. When reviewing rules for SIP rule will be effective June 21, 1999 Risks (62 FR 19885, April 23, 1997), approvability, EPA evaluates without further notice unless the applies to any rule that: (1) is enforceability elements such as test Agency receives adverse comments by determined to be ‘‘economically methods, record keeping, and May 20, 1999. significant’’ as defined under E.O. compliance testing in addition to RACT If the EPA receives such comments, 12866, and (2) concerns an guidance regarding emission limits. then EPA will publish a timely environmental health or safety risk that SMAQMD’s Rule 414, MDAQMD’s Rule withdrawal in the Federal Register EPA has reason to believe may have a 1157 and VCAPCD’s Rule 74.16 informing the public that the rule will disproportionate effect on children. If strengthen the SIP through the addition not take effect. All public comments the regulatory action meets both criteria, of enforceable measures such as record received will then be addressed in a the Agency must evaluate the keeping, test methods, definitions, and subsequent final rule based on the environmental health or safety effects of more stringent and achievable emissions proposed rule. The EPA will not the planned rules on children, and limits. Incorporation of the amended institute a second comment period on explain why the planned regulation is Rules, SMAQMD’s Rule 414, this rule. Any parties interested in preferable to other potentially effective MDAQMD’s Rule 1157 and VCAPCD’s commenting on this rule should do so and reasonably feasible alternatives Rule 74.16, into the SIP would decrease at this time. If no such comments are considered by the Agency. These rules the NOX emissions allowed by the SIP. received, the public is advised that this do not subject to E.O. 13045 because

VerDate 23-MAR-99 15:21 Apr 19, 1999 Jkt 183247 PO 00000 Frm 00029 Fmt 4700 Sfmt 4700 E:\FR\FM\20APR1.XXX pfrm01 PsN: 20APR1 19280 Federal Register / Vol. 64, No. 75 / Tuesday, April 20, 1999 / Rules and Regulations they do not involve decisions intended to the nature of the Federal-State H. Petitions for Judicial Review to mitigate environmental health or relationship under the Clean Air Act, Under section 307(b)(1) of the Clean safety risks. preparation of flexibility analysis would Air Act, petitions for judicial review of D. Executive Order 13084 constitute Federal inquiry into the this action must be filed in the United economic reasonableness of state action. States Court of Appeals for the Under Executive Order 13084, The Clean Air Act forbids EPA to base Consultation and Coordination with appropriate circuit by June 21, 1999. its actions concerning SIPs on such Filing a petition for reconsideration by Indian Tribal Governments, EPA may grounds. Union Electric Co., v. U.S. not issue a regulation that is not the Administrator of these final rules EPA, 427 U.S. 246, 255–66 (1976); 42 required by statute, that significantly or does not affect the finality of these rules U.S.C. 7410(a)(2). uniquely affects the communities of for the purposes of judicial review nor does it extend the time within which a Indian tribal governments, and that F. Unfunded Mandates imposes substantial direct compliance petition for judicial review may be filed, costs on those communities, unless the Under Section 202 of the Unfunded and shall not postpone the effectiveness Federal government provides the funds Mandates Reform Act of 1995 of such rules or action. This action may necessary to pay the direct compliance (‘‘Unfunded Mandates Act’’), signed not be challenged later in proceedings to costs incurred by the tribal into law on March 22, 1995, EPA must enforce its requirements. (See section governments, or EPA consults with prepare a budgetary impact statement to 307(b)(2).) those governments. If EPA complies by accompany any proposed or final rule List of Subjects in 40 CFR Part 52 consulting, Executive Order 13084 that includes a Federal mandate that Environmental protection, Air requires EPA to provide to the Office of may result in estimated annual costs to Management and Budget, in a separately pollution control, Hydrocarbons, State, local, or tribal governments in the Incorporation by reference, identified section of the preamble to the aggregate; or to private sector, of $100 rule, a description of the extent of EPA’s Intergovernmental relations, Oxides of million or more. Under Section 205, nitrogen Ozone, Reporting and record prior consultation with representatives EPA must select the most cost-effective of affected tribal governments, a keeping requirements, Volatile organic and least burdensome alternative that compounds. summary of the nature of their concerns, achieves the objectives of the rule and and a statement supporting the need to is consistent with statutory Note: Incorporation by reference of the State Implementation Plan for the State of issue the regulation. In addition, requirements. Section 203 requires EPA Executive Order 13084 requires EPA to California was approved by the Director of to establish a plan for informing and the Federal Register on July 1, 1982. develop an effective process permitting advising any small governments that Dated: April 1, 1999. elected officials and other may be significantly or uniquely representatives of Indian tribal impacted by the rule. Felicia Marcus, governments ‘‘to provide meaningful Regional Administrator, Region IX. and timely input in the development of EPA has determined that the approval Part 52, chapter I, title 40 of the Code regulatory policies on matters that action promulgated does not include a of Federal Regulations is amended as significantly or uniquely affect their Federal mandate that may result in follows: communities.’’ Today’s rules do not estimated annual costs of $100 million significantly or uniquely affect the or more to either State, local, or tribal PART 52Ð[AMENDED] communities of Indian tribal governments in the aggregate, or to the governments. Accordingly, the private sector. This Federal action 1. The authority citation for Part 52 requirements of section 3(b) of E.O. approves pre-existing requirements continues to read as follows: 13084 do not apply to these rules. under State or local law, and imposes Authority: 42 U.S.C. 7401 et seq. E. Regulatory Flexibility Act no new requirements. Accordingly, no additional costs to State, local, or tribal Subpart FÐCalifornia The Regulatory Flexibility Act (RFA) governments, or to the private sector, 2. Section 52.220 is amended by generally requires an agency to conduct result from this action. adding paragraphs (c)(183)(i)(B)(4), a regulatory flexibility analysis of any (248)(i)(D), and (254)(i)(I), to read as rule subject to notice and comment G. Submission to Congress and the follows: rulemaking requirements unless the Comptroller General agency certifies that the rule will not § 52.220 Identification of plan. have a significant economic impact on The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small * * * * * a substantial number of small entities. (c) * * * Business Regulatory Enforcement Small entities include small businesses, (183) * * * small not-for-profit enterprises, and Fairness Act of 1996, generally provides (i) * * * small governmental jurisdictions. These that before a rule may take effect, the (B) * * * final rules will not have a significant agency promulgating the rule must (4) Rule 74.16, adopted January 8, impact on a substantial number of small submit a rule report, which includes a 1991. entities because SIP approvals under copy of the rule, to each House of the * * * * * section 110 and subchapter I, part D of Congress and to the Comptroller General (248) * * * the Clean Air Act do not create any new of the United States. EPA will submit a (i) * * * requirements but simply approve report containing these rules and other (D) Mojave Desert Air Quality requirements that the State is already required information to the U.S. Senate, Management District. imposing. Therefore, because the the U.S. House of Representatives, and (1) Rule 1157, amended May 19, 1997. Federal SIP approval does not create the Comptroller General of the United * * * * * any new requirements, I certify that this States prior to publication of the rules (254) * * * action will not have a significant in the Federal Register. These rules are (i) * * * economic impact on a substantial not ‘‘major’’ rules as defined by 5 U.S.C. (I) Sacramento Metropolitan Air number of small entities. Moreover, due 804(2). Quality Management District.

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(1) Rule 414, adopted August 1, 1996. material, and adverse comment by May I. Background * * * * * 20, 1999. If EPA receives adverse comment, we will publish a timely On November 12, 1992, Tennessee [FR Doc. 99–9712 Filed 4–19–99; 8:45 am] submitted a maintenance plan and a BILLING CODE 6560±50±P withdrawal of the direct final rule in the Federal Register and inform the public request to redesignate the Memphis and that the rule will not take effect. Shelby County area from nonattainment to attainment for O3. In a Federal ENVIRONMENTAL PROTECTION ADDRESSES: You should address AGENCY comments on this action to Steven M. Register notice dated January 17, 1995 Scofield at the EPA, Region 4 Air (60 FR 3352), EPA approved the 40 CFR Part 52 Planning Branch, 61 Forsyth Street, Memphis and Shelby County O3 maintenance plan, including the 1990 [TN±204±1±9913a; FRL±6326±9] SW., Atlanta, Georgia 30303. Copies of documents related to this base year inventory. Approval and Promulgation of action are available for the public to II. Analysis of State’s Submittal Implementation Plans; Tennessee: review during normal business hours at Approval of Revisions to the Memphis the locations below. If you would like The revisions to the Memphis and Ozone Maintenance Plan to review these documents, please make Shelby County O3 maintenance plan an appointment with the appropriate were submitted on September 18, 1997, AGENCY: Environmental Protection office at least 24 hours before the with supplemental information Agency (EPA). visiting day. Reference file TN 204–1– submitted on June 30, 1998. The ACTION: Direct final rule. 9913a. The Region 4 office may have MSCHD revised their O3 maintenance SUMMARY: EPA is approving revisions to additional documents not available at plan by adding new tables which correct the Memphis and Shelby County Health the other locations. errors made in the original 1990 base year inventory and maintenance plan. Department (MSCHD) ozone (O3) Environmental Protection Agency, maintenance plan. The revisions were Region 4 Air Planning Branch, 61 The submittal included corrected submitted by the State of Tennessee, Forsyth Street, SW., Atlanta, Georgia nitrogen oxide (NOX) tables and graphs through the Tennessee Department of 30303. Steven M. Scofield, 404/562– and three new tables for volatile organic Environment and Conservation (TDEC), 9034. compounds (VOCs), carbon monoxide on September 18, 1997, with Tennessee Department of Environment (CO), and NOX. supplemental information submitted on and Conservation, Division of Air The purpose of the 1990 base year June 30, 1998. The MSCHD revised their Pollution Control, 9th Floor L&C adjustment is to better account for Annex, 401 Church Street, Nashville, O3 maintenance plan by adding new emissions from NOX sources. The error tables which correct errors made in the Tennessee 37243–1531. 615/532– correction affects the 2004 emission 0554. original base year inventory and budget in that additional NOX emissions maintenance plan. These corrections Memphis and Shelby County Health are available in the safety margin. impact the transportation conformity Department, 814 Jefferson Avenue, MSCHD has chosen to allocate the budget for the greater Memphis Memphis, Tennessee 38105. 901/576– additional safety margin to the mobile Metropolitan Statistical Area. 7600. source sector. These corrections impact DATES: This direct final rule is effective FOR FURTHER INFORMATION CONTACT: the transportation conformity budget for on June 21, 1999, without further notice, Steven M. Scofield at 404/562–9034. the greater Memphis Metropolitan unless EPA receives significant, SUPPLEMENTARY INFORMATION: Statistical Area.

1990 1993 1996 1999 2002 2004

VOC Emission Inventory Summary (Tons per day)

Point ...... 74.6 30.3 31.4 32.5 33.5 34.2 Area ...... 79.3 53.3 54.3 55.2 56.2 56.9 Non-Road ...... 31.3 31.9 32.5 33.1 33.7 34.1 Mobile ...... 72.1 46.9 44.8 44.3 43.7 43.1 Mobile Budget ...... 72.1 112.1 107.5 104.6 101.8 144.5 Biogenics ...... 132.6 100.8 100.8 100.8 100.8 100.8

Total ...... 390.0 263.2 263.7 265.9 267.9 269.1

NOX Emission Inventory Summary (Tons per day)

Point ...... 113.5 119.4 102.0 100.4 72.9 72.0 Area ...... 4.2 4.5 4.6 4.7 4.8 4.8 Non-Road ...... 80.8 82.3 83.8 85.3 86.8 87.9 Mobile ...... 62.9 56.1 54.6 54.8 54.6 54.3 Mobile Budget ...... 62.9 56.1 59.5 59.7 71.7 94.3 Biogenics ...... 1.6 1.4 1.4 1.4 1.4 1.4

Total ...... 263.0 263.7 246.3 246.5 220.5 220.3

CO Emission Inventory Summary (Tons per day)

Point ...... 22.8 18.6 19.3 19.9 20.5 21.0 Area ...... 82.6 107.9 109.9 111.8 113.9 115.2 Non-Road ...... 109.8 111.8 113.8 115.9 118.0 119.4

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1990 1993 1996 1999 2002 2004

Mobile ...... 455.1 420.1 418.5 417.3 416.5 414.6 Mobile Budget ...... 455.1 431.5 426.9 422.4 417.8 414.6

Total ...... 670.13 658.4 661.4 664.9 668.9 670.3

III. Final Action and a statement supporting the need to Risks (62 FR 19885, April 23, 1997), EPA is approving the revisions to the issue the regulation. In addition, E.O. applies to any rule that: (1) is Memphis and Shelby County Health 12875 requires EPA to develop an determined to be ‘‘economically effective process permitting elected significant’’ as defined under E.O. Department O3 maintenance plan and 1990 base year inventory. officials and other representatives of 12866, and (2) concerns an The EPA is publishing this rule state, local, and tribal governments ‘‘to environmental health or safety risk that without prior proposal because the provide meaningful and timely input in EPA has reason to believe may have a Agency views this as a noncontroversial the development of regulatory proposals disproportionate effect on children. If submittal and anticipates no adverse containing significant unfunded the regulatory action meets both criteria, comments. However, in the proposed mandates.’’ the Agency must evaluate the rules section of this Federal Register Today’s rule does not create a environmental health or safety effects of publication, EPA is publishing a mandate on state, local or tribal the planned rule on children, and separate document that will serve as the governments. The rule does not impose explain why the planned regulation is proposal to approve the SIP revision any enforceable duties on these entities. preferable to other potentially effective should adverse comments be filed. This Accordingly, the requirements of and reasonably feasible alternatives rule will be effective June 21, 1999, section 1(a) of E.O. 12875 do not apply considered by the Agency. without further notice unless the to this rule. This rule is not subject to E.O. 13045 because it does not involve decisions Agency receives adverse comments by C. Executive Order 13084 May 20, 1999. intended to mitigate environmental If the EPA receives such comments, Under E.O. 13084, EPA may not issue health or safety risks. a regulation that is not required by then EPA will publish a document E. Regulatory Flexibility Act withdrawing the final rule and statute, that significantly affects or informing the public that the rule will uniquely affects the communities of The Regulatory Flexibility Act (RFA) not take effect. All public comments Indian tribal governments, and that generally requires an agency to conduct received will then be addressed in a imposes substantial direct compliance a regulatory flexibility analysis of any subsequent final rule based on the costs on those communities, unless the rule subject to notice and comment proposed rule. The EPA will not Federal government provides the funds rulemaking requirements unless the institute a second comment period. necessary to pay the direct compliance agency certifies that the rule will not Parties interested in commenting should costs incurred by the tribal have a significant economic impact on do so at this time. If no such comments governments. If EPA complies by a substantial number of small entities. are received, the public is advised that consulting, E.O. 13084 requires EPA to Small entities include small businesses, this rule will be effective on June 21, provide to the Office of Management small not-for-profit enterprises, and 1999, and no further action will be and Budget, in a separately identified small governmental jurisdictions. This taken on the proposed rule. section of the preamble to the rule, a final rule will not have a significant description of the extent of EPA’s prior impact on a substantial number of small IV. Administrative Requirements consultation with representatives of entities because SIP approvals under A. Executive Order 12866 affected tribal governments, a summary section 110 and subchapter I, part D of The Office of Management and Budget of the nature of their concerns, and a the Clean Air Act do not create any new (OMB) has exempted this regulatory statement supporting the need to issue requirements but simply approve action from Executive Order (E.O.) the regulation. In addition, Executive requirements that the State is already 12866, entitled ‘‘Regulatory Planning Order 13084 requires EPA to develop an imposing. Therefore, because the and Review.’’ effective process permitting elected and Federal SIP approval does not create any new requirements, I certify that this B. Executive Order 12875 other representatives of Indian tribal governments ‘‘to provide meaningful action will not have a significant Under E.O. 12875, EPA may not issue and timely input in the development of economic impact on a substantial a regulation that is not required by regulatory policies on matters that number of small entities. Moreover, due statute and that creates a mandate upon significantly or uniquely affect their to the nature of the Federal-State a state, local, or tribal government, communities.’’ relationship under the Clean Air Act, unless the Federal government provides Today’s rule does not significantly or preparation of flexibility analysis would the funds necessary to pay the direct uniquely affect the communities of constitute Federal inquiry into the compliance costs incurred by those Indian tribal governments. This action economic reasonableness of state action. governments. If EPA complies by does not involve or impose any The Clean Air Act forbids EPA to base consulting, E.O. 12875 requires EPA to requirements that affect Indian Tribes. its actions concerning SIPs on such provide to the Office of Management Accordingly, the requirements of grounds. Union Electric Co., v. U.S. and Budget a description of the extent section 3(b) of E.O. 13084 do not apply EPA, 427 U.S. 246, 255–66 (1976); 42 of EPA’s prior consultation with to this rule. U.S.C. 7410(a)(2). representatives of affected state, local, and tribal governments, the nature of D. Executive Order 13045 F. Unfunded Mandates their concerns, copies of written Protection of Children from Under section 202 of the Unfunded communications from the governments, Environmental Health Risks and Safety Mandates Reform Act of 1995

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(‘‘Unfunded Mandates Act’’), signed enforce its requirements. (See section (ii) Other material. None. into law on March 22, 1995, EPA must 307(b)(2).) [FR Doc. 99–9714 Filed 4–19–99; 8:45 am] prepare a budgetary impact statement to List of Subjects in 40 CFR Part 52 BILLING CODE 6560±50±P accompany any proposed or final rule that includes a Federal mandate that Environmental protection, Air may result in estimated costs to State, pollution control, Carbon monoxide, ENVIRONMENTAL PROTECTION local, or tribal governments in the Hydrocarbons, Incorporation by AGENCY aggregate; or to private sector, of $100 reference, Intergovernmental relations, million or more. Under section 205, Nitrogen dioxide, Ozone. 40 CFR Part 52 EPA must select the most cost-effective Dated: March 25, 1999. [TX 109±1±7412a; FRL±6329±2] and least burdensome alternative that A. Stanley Meiburg, achieves the objectives of the rule and Acting Regional Administrator, Region 4. Rescission of the Conditional Section is consistent with statutory 182(f) Exemption to the Nitrogen requirements. Section 203 requires EPA Part 52 of chapter I, title 40, Code of Oxides (NOX) Control Requirements to establish a plan for informing and Federal Regulations, is amended as follows: for the Dallas/Fort Worth Ozone advising any small governments that Nonattainment Area; TX may be significantly or uniquely PART 52 [AMENDED] impacted by the rule. AGENCY: Environmental Protection EPA has determined that the approval 1. The authority citation for part 52 Agency (EPA). action promulgated does not include a continues to read as follows: ACTION: Direct final rule. Federal mandate that may result in Authority: 42 U.S.C. 7401 et. seq. estimated costs of $100 million or more SUMMARY: In this direct final action, we, to either State, local, or tribal Subpart RRÐTennessee the EPA, are rescinding the conditional governments in the aggregate, or to the nitrogen oxides (NOX) exemption for the private sector. This Federal action 2. Section 52.2220 is amended by Dallas/Fort Worth (DFW) ozone approves pre-existing requirements adding paragraph (c)(165) to read as nonattainment area. We granted the under State or local law, and imposes follows: conditional exemption under the Federal Clean Air Act (Act) on no new requirements. Accordingly, no § 52.2220 Identification of plan. additional costs to State, local, or tribal November 21, 1994, conditioned on our * * * * * governments, or to the private sector, approval of initial modeling showing result from this action. (c) * * * that NOX controls were not needed in (165) The revisions to the the DFW area to reach attainment. G. Submission to Congress and the maintenance plan and emission However, the DFW area failed to attain Comptroller General inventory for the Memphis and Shelby EPA’s National Ambient Air Quality The Congressional Review Act, 5 County Area which includes Shelby Standard (NAAQS) for ozone by its U.S.C. 801 et seq., as added by the Small County and the City of Memphis moderate ozone deadline of November Business Regulatory Enforcement submitted by the Tennessee Department 15, 1996, and we reclassified the area to Fairness Act of 1996, generally provides of Environment and Conservation on ‘‘serious’’ ozone nonattainment on that before a rule may take effect, the September 18, 1997, and June 30, 1998, February 18, 1998. The modeling agency promulgating the rule must as part of the Tennessee SIP. conducted for this serious area State submit a rule report, which includes a (i) Incorporation by reference. Non- Implementation Plan shows control of copy of the rule, to each House of the Regulatory SIP Submittal Including I. NOX sources will help the area attain Congress and to the Comptroller General The 1993 Ozone, Nitrogen Oxides, and the ozone. The State of Texas requested of the United States. EPA will submit a Carbon Monoxide Triennial Emission the rescission of the conditional NOX report containing this rule and other Inventory; II. Revisions to the 1990 Base exemption based on this new required information to the U.S. Senate, Year Inventory; III. Amendments to the photochemical modeling. We agree with the U.S. House of Representatives, and CO and O3 Maintenance Plans to the need for future NOX controls and are the Comptroller General of the United Specify Conformity Emission Budgets rescinding the conditional exemption. States prior to publication of the rule in adopted on September 10, 1997. The State must now implement NOX the Federal Register. This rule is not a (A) Mobile and point source emission control rules and conformity ‘‘major rule’’ as defined by 5 U.S.C. budgets volatile organic compounds determinations will have to consider 804(2). summer season tons per day NOX in the DFW area. (PJVCTD3.WK1) DATES: This direct final rule is effective H. Petitions for Judicial Review (B) Mobile and point source emission on June 21, 1999, unless we receive Under section 307(b)(1) of the Clean budgets nitrogen oxides summer season adverse comments by May 20, 1999. If Air Act, petitions for judicial review of tons per day (PJNXTD3.WK1) we receive such comments, we will this action must be filed in the United (C) Mobile and point source emission publish a timely withdrawal of the States Court of Appeals for the budgets carbon monoxide winter season direct final rule in the Federal Register appropriate circuit by June 21, 1999. tons per day (PJCOTD3.WK1) informing the public that the rule will Filing a petition for reconsideration by (D) Mobile and point source emission not take effect. the Administrator of this final rule does budgets volatile organic compounds ADDRESSES: Written comments on this not affect the finality of this rule for the summer season tons per day action should be addressed to Mr. purposes of judicial review nor does it (E) Mobile and point source emission Thomas H. Diggs, Chief, Air Planning extend the time within which a petition budgets nitrogen oxides summer season Section (6PD–L), at the EPA Region 6 for judicial review may be filed, and tons per day Office listed below. Copies of the shall not postpone the effectiveness of (F) Mobile and point source emission documents relative to this action are such rule or action. This action may not budgets carbon monoxide winter season available for public inspection during be challenged later in proceedings to tons per day. normal business hours at the following

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locations. If you want to examine these approving the exemption we said that if source of NOX emissions. A major documents you should make an we later determine that NOX reductions source is defined as any stationary appointment with the appropriate office are beneficial, based on new source, or group of sources, located in at least two working days in advance. photochemical modeling, the area a contiguous area and under common Environmental Protection Agency, would be removed from exempt status. control that emits, or has the potential to emit, at least 50 tons of NOX a year. Region 6, Air Planning Section, (6PD– Why is EPA Taking This Action? L), Multimedia Planning and Please see TNRCC rules, Chapter 117— Permitting Division, 1445 Ross Ave, We are taking this action because the Control of Air Pollution from Nitrogen Dallas, TX 75202–2733, telephone: State requested the rescission, because Compounds for additional information. (214) 665–7214. the condition for the exemption has not The NSR rules apply to you if you are Texas Natural Resource Conservation been met, and because the area’s an owner or operator planning to Commission, Office of Air Quality, modeling now shows the need for NOX construct or modify a source that has 12124 Park 35 Circle, Austin, Texas reductions to achieve attainment. the potential to emit at least 50 tons of 78753. The Texas Natural Resource NOX a year. Please see TNRCC rules, Conservation Commission (TNRCC) sent FOR FURTHER INFORMATION CONTACT: Mr. Chapter 116—Control of Air Pollution Herbert R. Sherrow, Jr., Air Planning a letter, dated November 13, 1998, from By Permits for New Construction or Section (6PD–L), Multimedia Planning Mr. Barry McBee, Chairman of the Modification, Subchapter B: New and Permitting Division, Environmental TNRCC at the time of the letter, to Mr. Source Review Permits, Division 5: Protection Agency, Region 6, 1445 Ross Gregg Cooke, EPA Region 6, Regional Nonattainment New Source Review for Avenue, Dallas, Texas 75202–2733, Administrator, requesting the rescission. additional information. The State conducted new telephone: 214–665–7237. photochemical modeling which shows When do I Have To Comply With the NOX RACT and NSR Rules? SUPPLEMENTARY INFORMATION: NOX controls are now needed for the The NOX RACT final compliance date What Action is EPA Taking? DFW area to attain the ozone NAAQS. We reviewed the new modeling and is as expeditiously as practicable but not At the request of the State of Texas, find it supports the need for NOX later than March 31, 2001; and the NSR we are rescinding the conditional controls. compliance date is March 21, 1999. exemption from the NOX control We also conditioned the exemption Under the State’s NSR rule, permit requirements for the DFW ozone on our approving initial modeling applications determined to be complete nonattainment area. We are not taking showing that NOX was not needed. prior to March 21, 1999, are not subject any action on the El Paso NOX Before we could act on the initial to the new NOX requirements. exemption. Rescission of the section modeling, monitoring data showed the What is the Effect of Rescinding the 182(f) NOX exemption means the DFW area did not attain the NAAQS by NOX Exemption on Conformity? ozone nonattainment area is removed November 15, 1996, which was the from Federal exempt status and the attainment date for moderate ozone The NOX waiver for transportation State is required to immediately areas. Section 181(b)(2)(A) requires us to and general conformity determinations implement its existing NOX Reasonably reclassify ozone areas to the next higher no longer applies after the effective date Available Control Technology (RACT), nonattainment classification within six of this rule. New Source Review (NSR), vehicle months after the applicable attainment The NOX waiver exempted the North Inspection and Maintenance (I/M) deadline if we find the area has not Central Texas Council of Governments program, and general and transportation attained the ozone standard by that date. (NCTCOG) from the transportation conformity requirements. Therefore, instead of acting on the conformity rule’s ‘‘build-no build’’ test However, because of the lead time initial modeling, we reclassified the area for NOX emissions. After the effective needed for sources to be able to comply, from ‘‘moderate’’ to ‘‘serious’’ date of this notice, the NCTCOG must we are also setting a final compliance nonattainment on February 19, 1998, observe the NOX requirements in future date for implementation of the NOX and the state initiated new modeling. transportation conformity RACT controls. Final NOX RACT The condition for receiving full determinations on transportation compliance is required as expeditiously approval of the exemption has never improvement programs, transportation as practicable, but no later than March been and cannot now be met by Texas. plans, and projects. See the State 31, 2001. The NOX RACT final Transportation Conformity Rule, 30 compliance date is consistent with the What Actions has the State Taken? Texas Administrative Code (TAC) State’s rule. The State adopted its NOX RACT and Chapter 114, and 40 CFR part 93 subpart New Source Review (NSR) rules on A for more information. The State does What is a NOX Exemption? February 24, 1999, and they became not need to revise its transportation The Act states, in section 182(f), that effective on March 21, 1999. conformity rule as a result of this action. an exemption from NOX controls may be The state’s approved Inspection and The NOX requirements also apply in given to an ozone nonattainment area if Maintenance (I/M) program for the DFW future general conformity the Administrator determines that NOX area does not allow NOX increases. For determinations. The NOX waiver controls would not help the area attain a discussion of the State’s vehicle I/M exempted Federal projects from general the ozone NAAQS. Texas sent us program, please refer to the conditional conformity determinations regarding modeling which showed that the DFW interim approval in 62 FR 3718. NOX. Federal agencies that must make area could attain the NAAQS by Therefore, the State does not need to a conformity determination for Federal additional controls for Volatile Organic revise its DFW I/M rule as a result of actions in the DFW area according to the Compounds only; therefore, new NOX this action. State’s General Conformity Rule are now controls would not be needed. The State subject to the NOX requirements. See Who do the NOX RACT and NSR rules requested a NOX exemption for the DFW the State General Conformity Rule, 30 area and we granted a conditional apply to? TAC Section 101.30, and CFR part 51 exemption effective November 21, 1994. The NOX RACT rules will apply to subpart W for more information. The In our Federal Register notice you if you own or operate a major State does not need to revise its General

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Conformity Rules as a result of this that the rule will not have a significant of the United States. The EPA will action. economic impact on a substantial submit a report containing this rule and Existing conformity determinations number of small entities. Small entities other required information to the U.S. will not be affected by this rescission of include small businesses, small not-for- Senate, the U.S. House of the NOX exemption and will continue to profit enterprises, and small Representatives, and the Comptroller be valid to the same extent as generally governmental jurisdictions. Removal of General of the United States prior to allowed under the rules, but new the NOx exemption under section 182(f) publication of the rule in the Federal conformity determinations will have to of the Act is an action that affects the Register. A major rule cannot take effect observe the NOX requirements. status of a geographical area and does until 60 days after it is published in the Where Can I Get Background not directly regulate any entities. See Federal Register. This action is not a Information on the Exemption? Mid-Tex Electric Cooperative Inc. v. ‘‘major rule’’ as defined by 5 U.S.C. FERC, 773 F.2nd 327 (D.C. 1985) 804(2). This rule will be effective June We approved the exemption on (Agency’s certification need only 21, 1999. November 21, 1994, and published the consider the rule’s impact on entities E. Executive Order 12875 approval in a Federal Register notice, subject to the requirements of the rule. 59 FR 60709, November 28, 1994. We To the extent that the area must adopt Under E.O. 12875, EPA may not issue proposed approval of the exemption in new regulations, we will review the a regulation that is not required by a Federal Register notice, 59 FR 44386, effect of those actions at the time the statute and that creates a mandate upon August 29, 1994. State submits those regulations. a State, Local, or Tribal government, What Further Action Must EPA Take? Therefore, I certify that this action will unless the Federal government provides not have a significant economic impact the funds necessary to pay the direct We plan to review the State’s RACT on a substantial number of small compliance costs incurred by those and NSR NOX submissions for approval entities. governments, or EPA consults with in separate rulemaking actions because those governments. If EPA complies by those submissions will be contained in C. Unfunded Mandates consulting, E.O. 12875 requires EPA to a broader SIP that also includes Volatile Under section 202 of the Unfunded provide to OMB a description of the Organic Compounds controls, modeling, Mandates Reform Act of 1995, signed extent of EPA’s prior consultation with and rate of progress requirements. The into law on March 22, 1995, EPA must representatives of affected State, Local State submitted this SIP March 18, 1999. prepare a budgetary impact statement to and Tribal governments, the nature of What is the Process for EPA Approval accompany any proposed or final rule their concerns, copies of any written of This Action? that includes a Federal mandate that communications from the governments, may result in estimated annual costs to and a statement supporting the need to We are publishing this rule without State, Local, or Tribal governments in issue the regulation. In addition, E.O. prior proposal because we view this as the aggregate; or to private sector, of 12875 requires EPA to develop an a noncontroversial action and anticipate $100 million or more. Under section effective process permitting elected no adverse comments. However, in the 205, EPA must select the most cost- officials and other representatives of ‘‘Proposed Rules’’ section of today’s effective and least burdensome State, Local, and Tribal governments ‘‘to Federal Register publication, we are alternative that achieves the objectives provide meaningful and timely input in publishing a separate document that of the rule and is consistent with the development of regulatory proposals will serve as the proposal to approve the statutory requirements. Section 203 containing significant unfunded action if adverse comments are filed. requires EPA to establish a plan for mandates.’’ Today’s rule implements This rule will be effective on June 21, informing and advising any small statutory provisions but would not 1999, without further notice unless we governments that may be significantly impose a mandate on State, Local, or receive adverse comment by May 20, or uniquely impacted by the rule. Tribal governments. Accordingly, the 1999. If we receive adverse comment, The EPA has determined that the requirements of section 1(a) of E.O. we will publish a timely withdrawal in rescission action promulgated does not 12875 do not apply to this rule. the Federal Register telling the public include a Federal mandate that may F. Executive Order 13084 that the rule will not take effect. If this result in estimated annual costs of $100 happens, we will address all public million or more to either State, local, or Under E.O. 13084, EPA may not issue comments in a subsequent final rule tribal governments in the aggregate, or a regulation that is not required by based on the proposed rule. We will not to the private sector. Statutory statute, that significantly affects or initiate a second comment period on requirements that previously were uniquely affects the communities of this action. Any parties interested in waived for the DFW area are now Indian tribal governments, and that commenting must do so at this time. applicable. To the extent that the State imposes substantial direct compliance Administrative Requirements must adopt new regulations, we will costs on those communities, unless the review the effect of these actions at the Federal government provides the funds A. Executive Order (E.O.) 12866 time the State submits the regulations. necessary to pay the direct compliance The Office of Management and Budget costs incurred by the tribal D. Submission to Congress and the (OMB) has exempted this regulatory governments, or EPA consults with Comptroller General action from E.O. 12866, entitled those governments. If the EPA complies ‘‘Regulatory Planning and Review.’’ The Congressional Review Act, 5 by consulting, E.O. 13084 requires EPA U.S.C. 801 et seq., as added by the Small to provide to OMB, in a separately B. Regulatory Flexibility Act Business Regulatory Enforcement identified section of the preamble to the The Regulatory Flexibility Act, 5 Fairness Act of 1996, generally provides rule, a description of the extent of EPA’s U.S.C. 600 et seq., generally requires an that before a rule may take effect, the prior consultation with representatives agency to conduct a regulatory agency promulgating the rule must of affected tribal governments, a flexibility analysis of any rule subject to submit a rule report, which includes a summary of the nature of their concerns, notice and comment rulemaking copy of the rule, to each House of the and a statement supporting the need to requirements unless the agency certifies Congress and to the Comptroller General issue the regulation. In addition, E.O.

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13084 requires EPA to develop an List of Subjects in 40 CFR Part 52 expeditiously as practicable, but no later effective process permitting elected than March 31, 2001. Environmental protection, Air officials and other representatives of [FR Doc. 99–9868 Filed 4–19–99; 8:45 am] Indian tribal governments ‘‘to provide pollution control, Hydrocarbons, BILLING CODE 6560±50±P meaningful and timely input in the Intergovernmental Relations, Nitrogen development of regulatory policies on oxides, Ozone, Volatile organic compounds. matters that significantly or uniquely ENVIRONMENTAL PROTECTION affect their communities.’’ Today’s rule Dated: April 14, 1999. AGENCY implements requirements specifically Carol M. Browner, set forth by the Congress in the Federal Administrator. 40 CFR Part 52 Clean Air Act without the exercise of Part 52, chapter I, Title 40 of the Code any discretion by EPA. However, of Federal Regulations is amended as [OH 122±1a; FRL±6328±6] today’s rule does not significantly or follows: uniquely affect the communities of Approval and Promulgation of Indian tribal governments. This action PART 52Ð[AMENDED] Maintenance Plan Revisions; Ohio does not involve or impose any new requirements that affect Indian tribes. 1. The authority citation for part 52 AGENCY: Environmental Protection Accordingly, the requirements of continues to read as follows: Agency (EPA). ACTION: Direct final rule. section 3(b) of E.O. 13084 do not apply Authority: 42 U.S.C. 7401 et seq. to this rule. SUMMARY: We are approving a March 18, Subpart SSÐTexas G. Executive Order 13045 1999 request from Ohio for a State Protection of Children from 2. Section 52.2308 is amended by Implementation Plan (SIP) revision of Environmental Health Risks and Safety adding paragraph (g) to read as follows: the Stark County (Canton, Ohio) ozone Risks (62 FR 19885, April 23, 1997), maintenance plan. The maintenance § 52.2308 Area-wide nitrogen oxides (NOX) plan revision establishes new applies to any rule that: (1) is exemptions. determined to be ‘‘economically transportation conformity mobile source significant’’ as defined under E.O. * * * * * emissions budgets for the year 2005. We 12866, and (2) concerns an (g) The Texas Natural Resource are approving the allocation of a portion environmental health or safety risk that Conservation Commission submitted a of the safety margin for volatile organic EPA has reason to believe may have a letter to EPA requesting rescission of the compounds (VOCs) and oxides of disproportionate effect on children. If previously-granted conditional nitrogen (NOX) to the area’s 2005 mobile source emissions budgets for the regulatory action meets both criteria, exemption from the NOX control the Agency must evaluate the requirements of section 182(f) of the Act transportation conformity purposes. environmental health or safety effects of for the Dallas/Fort Worth ozone This allocation will still maintain the the planned rule on children, and nonattainment area. The letter was sent total emissions for the area at or below explain why the planned regulation is on November 13, 1998. The conditional the attainment level required by the preferable to other potentially effective exemption was granted on November transportation conformity regulations. and reasonably feasible alternatives 21, 1994, conditioned upon EPA DATES: This rule is effective on June 21, considered by the Agency. approving the modeling portion of the 1999, unless EPA receives adverse EPA interprets E.O. 13045 as applying DFW attainment demonstration SIP. The written comments by May 20, 1999. If only to those regulatory actions that are conditional exemption was also adverse comment is received, EPA will based on health or safety risks, such that approved on a contingent basis. The publish a timely withdrawal of the rule the analysis required under section 5– modeling-based exemption would last in the Federal Register and inform the 501 of the order has the potential to only as long as the area’s modeling public that the rule will not take effect. influence the regulation. continued to demonstrate attainment ADDRESSES: Send written comments to: This rule is not subject to E.O. 13045 without the additional NOX reductions J. Elmer Bortzer, Chief, Regulation because it implements a previously required by section 182(f). The State’s Development Section, Air Programs promulgated health or safety-based request is based on new photochemical Branch, (AR–18J), U.S. Environmental Federal standard. modeling which shows the need for Protection Agency, Region 5, 77 West NOX controls to help the area attain the Jackson Boulevard, Chicago, Illinois, H. Petitions for Judicial Review ozone National Ambient Air Quality 60604. Under section 307(b)(1) of the Act, Standards. Furthermore, EPA would not You may inspect copies of the petitions for judicial review of this and could not approve the earlier documents relevant to this action during action must be filed in the United States attainment demonstration SIP modeling normal business hours at the following Court of Appeals for the appropriate upon which the condition was based. location: Regulation Development circuit by June 21, 1999. Filing a (1) On June 21, 1999, the conditional Section, Air Programs Branch, (AR–18J), petition for reconsideration by the NOX exemption for the DFW area U.S. Environmental Protection Agency, Administrator of this final rule does not granted on November 21, 1994 is Region 5, 77 West Jackson Boulevard, affect the finality of this rule for the rescinded. Upon rescission, the Federal Chicago, Illinois, 60604. purposes of judicial review nor does it requirements pertaining to NOX Please contact Patricia Morris at (312) extend the time within which a petition Reasonably Available Control 353–8656 before visiting the Region 5 for judicial review may be filed, and Technology (RACT), New Source office. shall not postpone the effectiveness of Review, vehicle Inspection/ FOR FURTHER INFORMATION CONTACT: such rule or action. This action may not Maintenance, general and transportation Patricia Morris, Environmental be challenged later in proceedings to conformity now apply. Scientist, Regulation Development enforce its requirements. See section (2) The NOX RACT final compliance Section, Air Programs Branch (AR–18J), 307(b)(2). date must be implemented as U.S. Environmental Protection Agency,

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Region 5, 77 West Jackson Boulevard, buses) must be consistent with the Environmental Protection Agency Chicago, Illinois 60604, (312) 353–8656. requirements in the SIP to attain and projected emissions out to the year 2005 SUPPLEMENTARY INFORMATION: This maintain the air quality standards. The and projected a total of 73.61 tons per Supplementary Information section is Clean Air Act, in section 176(c), day of VOC and 37.64 tons per day of organized as follows: requires conformity of transportation NOX from all sources in Stark County. plans, programs and projects to an The safety margin for Stark County is What action is EPA taking today? implementation plan’s purpose of Who is affected by this action? calculated to be the difference between How did the State support its request? attaining and maintaining the National these amounts or 13.06 tons per day of What is transportation conformity? Ambient Air Quality Standards. On VOC and 2.17 tons per day of NOX. What is an emissions budget? November 24, 1993, EPA published a Table 1 gives detailed information on What is a safety margin? final rule establishing criteria and the estimated emissions from each How does this action change the Stark procedures for determining if source category and the safety margin County maintenance plan? transportation plans, programs and calculation. Why is the request approvable? projects funded or approved under Title The 2005 emission projections reflect What Action is EPA Taking Today? 23 U.S.C. or the Federal Transit Act the point, area and mobile source conform to the SIP. reductions and are illustrated in Table In this action, we are approving a The transportation conformity rules 1. revision to the maintenance plan for require an ozone maintenance area, Stark County, Ohio. The revision will such as Stark County, to compare the TABLE 1.ÐNOX AND VOC EMISSIONS change the mobile source emission actual projected emissions from cars, BUDGET; AND SAFETY MARGIN DE- budget that is used for transportation trucks and buses on the highway TERMINATIONS, STARK COUNTY conformity purposes. The revision will network, to the mobile source emissions keep the total emissions for the area at budget established by a maintenance [tons/day] or below the attainment level required plan. The Stark County area has an VOC emissions by law. This action will allow State or approved maintenance plan. Our Source category local agencies to maintain air quality approval of the maintenance plan 1990 2005 while providing for transportation established the mobile source emissions growth. budgets for transportation conformity Point ...... 12.36 14.07 purposes. Mobile (on-road) ...... 31.66 15.34 Who is Affected by This Action? Area ...... 42.65 44.20 Primarily, the transportation sector What is an Emissions Budget? Totals ...... 86.67 73.61 represented by Ohio Department of An emissions budget is the projected Transportation and the Stark County level of controlled emissions from the Safety Margin = 1990 total metropolitan planning organization will transportation sector (mobile sources) emissions—2005 total emissions = 13.06 benefit from this revision. Although, the that is estimated in the SIP. The SIP tons/day VOC long range transportation plan for the controls emissions through regulations, for example, on fuels and exhaust levels Stark County area projects higher NOX emissions emissions than currently allowed in the for cars. The emissions budget concept Source category maintenance plan, the conformity rule is further explained in the preamble to 1990 2005 provides that if a ‘‘safety margin’’ exists the November 24, 1993, transportation conformity rule (58 FR 62188). The Point ...... 6.74 7.96 in the maintenance plan, then the safety Mobile (on-road) ...... 16.20 12.00 margin can be allocated to the preamble also describes how to Area ...... 16.87 17.68 transportation sector via the mobile establish the mobile source emissions source budget. budget in the SIP and how to revise the Totals ...... 39.81 37.64 emissions budget. The transportation How Did the State Support This conformity rule allows the mobile Safety Margin = 1990 total Request? source emissions budget to be changed emissions—2005 total emissions = 2.17 On March 18, 1999, Ohio submitted to as long as the total level of emissions tons/day NOX EPA a SIP revision request for the Stark from all sources remains below the The emissions are projected to County ozone maintenance area. A attainment level. maintain the area’s air quality public hearing on this proposal was consistent. with the air quality health held on February 18, 1999. No one from What is a Safety Margin? standard. The safety margin credit can the public commented on the proposed A ‘‘safety margin’’ is the difference be allocated to the transportation sector. revisions. between the attainment level of The total emission level, even with this In the submittal, Ohio requested to emissions (from all sources) and the allocation will be below the attainment establish new 2005 mobile source projected level of emissions (from all level or safety level and thus is emissions budgets for both VOC and sources) in the maintenance plan. The acceptable. The safety margin is the NOX for the Stark County, Ohio, ozone attainment level of emissions is the extra safety [points] that can be maintenance area. The State requested level of emissions during one of the allocated as long as the total level is that 2 tons per day of VOC and 1 ton years in which the area met the air maintained. per day of NOX be allocated from the quality health standard. For example: How Does This Action Change the Stark maintenance plan’s safety margin. The Stark County attained the one hour County Maintenance Plan? mobile source budgets are used for ozone standard during the 1989–1991 transportation conformity purposes. time period. The State uses 1990 as the It raises the budget for mobile sources. attainment level of emissions for Stark The maintenance plan is designed to What is Transportation Conformity? County. The emissions from point, area provide for future growth while still Transportation conformity means that and mobile sources in 1990 equaled maintaining the ozone air quality the level of emissions from the 86.67 tons per day of VOC and 39.81 standard. Growth in industries, transportation sector (cars, trucks and tons per day of NOX. The Ohio population, and traffic is offset with

VerDate 23-MAR-99 15:21 Apr 19, 1999 Jkt 183247 PO 00000 Frm 00037 Fmt 4700 Sfmt 4703 E:\FR\FM\20APR1.XXX pfrm01 PsN: 20APR1 19288 Federal Register / Vol. 64, No. 75 / Tuesday, April 20, 1999 / Rules and Regulations reductions from cleaner cars and other Why is the Request Approvable? communications from the governments, emission reduction programs. Through After review of the SIP revision and a statement supporting the need to the maintenance plan the State and request, EPA finds that the requested issue the regulation. In addition, E.O. local agencies can manage and maintain allocation of the safety margin for the 12875 requires EPA to develop an air quality while providing for growth. Stark County (Canton) area is effective process permitting elected In the submittal, Ohio requested to approvable because the new mobile officials and other representatives of state, local, and tribal governments ‘‘to allocate part of the area’s safety margin source emissions budgets for NOX and to the mobile source emissions budget. VOCs maintain the total emissions for provide meaningful and timely input in The Stark County area’s safety margin is the area at or below the attainment year the development of regulatory proposals the difference between the 1990 inventory level as required by the containing significant unfunded attainment inventory year and the 2005 transportation conformity regulations. mandates.’’ Today’s rule does not create projected emissions inventory (13.06 This allocation is allowed by the a mandate on state, local or tribal tons/day VOC safety margin, and 2.17 conformity rule since the area would governments. The rule does not impose any enforceable duties on these entities. tons/day NOX safety margin) as shown still be at or below the 1990 attainment Accordingly, the requirements of in Table 1. The SIP revision requests the level for the total emissions. section 1(a) of E.O. 12875 do not apply allocation of 2 tons/day VOC, and 1 ton/ EPA Action to this rule. day NOX, into the area’s mobile source emissions budgets from the safety EPA is approving the requested C. Executive Order 13045 allocation of the safety margin to the margin. The 2005 mobile source Protection of Children from mobile source budget for the Stark emissions budgets showing the safety Environmental Health Risks and Safety County (Canton) ozone maintenance margin allocations are outlined in Table Risks (62 FR 19885, April 23, 1997), area. 2. The mobile source emissions budget applies to any rule that: (1) is EPA is publishing this action without in Table 2 will be used for determined to be ‘‘economically prior proposal because EPA views this transportation conformity purposes. significant’’ as defined under E.O. as a noncontroversial revision and Table 2 below illustrates that the 12866, and (2) concerns an anticipates no adverse comments. requested portion of the safety margins environmental health or safety risk that However, in a separate document in this can be allocated to the 2005 mobile EPA has reason to believe may have a Federal Register publication, EPA is source budget and that total emissions disproportionate effect on children. If proposing to approve the SIP revision will still remain at or below the 1990 the regulatory action meets both criteria, should adverse written comments be attainment level of total emissions for the Agency must evaluate the filed. This action will be effective the Stark County maintenance area. environmental health or safety effects of without further notice unless EPA Since the area would still be at or below the planned rule on children, and receives relevant adverse written the 1990 attainment level for the total explain why the planned regulation is comment by May 20, 1999. Should the emissions, this allocation is allowed by preferable to other potentially effective Agency receive such comments, it will the conformity rule. and reasonably feasible alternatives publish a final rule informing the public considered by the Agency. EPA that this action will not take effect. Any TABLE 2.ÐALLOCATION OF SAFETY interprets E.O. 13045 as applying only parties interested in commenting on this MARGIN TO THE 2005 MOBILE to those regulatory actions that are action should do so at this time. If no based on health or safety risks, such that SOURCE EMISSIONS BUDGET, STARK such comments are received, the public COUNTY the analysis required under section 5– is advised that this action will be 501 of the Order has the potential to [tons/day] effective on June 21, 1999. influence the regulation. Administrative Requirements This action is not subject to E.O. VOC emissions 13045 because it approves a state rule Source category A. Executive Order 12866 1990 2005 implementing a previously promulgated The Office of Management and Budget health or safety-based Federal standard, Point ...... 12.36 14.07 (OMB) has exempted this regulatory and preserves the existing level of Mobile (on-road) ...... 31.66 17.34 action from Executive Order (E.O.) pollution control for the affected areas. Area ...... 42.65 44.20 12866, entitled ‘‘Regulatory Planning D. Executive Order 13084: Consultation and Review.’’ Totals ...... 86.67 75.61 and Coordination With Indian Tribal B. Executive Order 12875: Enhancing Governments Remaining Safety Margin = 1990 total Intergovernmental Partnerships Under E.O. 13084, EPA may not issue emissions—2005 total emissions = 11.06 Under E.O. 12875, EPA may not issue a regulation that is not required by tons/day VOC. a regulation that is not required by statute, that significantly affects or statute and that creates a mandate upon uniquely affects the communities of NOX emissions a state, local, or tribal government, Indian tribal governments, and that Source category 1990 2005 unless the Federal government provides imposes substantial direct compliance the funds necessary to pay the direct costs on those communities, unless the Point ...... 6.74 7.96 compliance costs incurred by those Federal government provides the funds Mobile (on-road) ...... 16.20 13.00 governments. If the mandate is necessary to pay the direct compliance Area ...... 16.87 17.68 unfunded, EPA must provide to the costs incurred by the tribal Office of Management and Budget a governments. If the mandate is Totals ...... 39.81 38.64 description of the extent of EPA’s prior unfunded, EPA must provide to the consultation with representatives of Office of Management and Budget, in a Remaining Safety Margin = 1990 total affected state, local, and tribal separately identified section of the emissions—2005 total emissions = 1.17 governments, the nature of their preamble to the rule, a description of tons/day NOX concerns, copies of written the extent of EPA’s prior consultation

VerDate 23-MAR-99 15:21 Apr 19, 1999 Jkt 183247 PO 00000 Frm 00038 Fmt 4700 Sfmt 4700 E:\FR\FM\20APR1.XXX pfrm01 PsN: 20APR1 Federal Register / Vol. 64, No. 75 / Tuesday, April 20, 1999 / Rules and Regulations 19289 with representatives of affected tribal achieves the objectives of the rule and especially children and other at-risk governments, a summary of the nature is consistent with statutory populations. of their concerns, and a statement requirements. Section 203 requires EPA J. National Technology Transfer and supporting the need to issue the to establish a plan for informing and Advancement Act regulation. In addition, E.O. 13084 advising any small governments that requires EPA to develop an effective may be significantly or uniquely Section 12 of the National Technology process permitting elected and other impacted by the rule. Transfer and Advancement Act representatives of Indian tribal EPA has determined that the approval (NTTAA) of 1995 requires Federal governments ‘‘to provide meaningful action promulgated does not include a agencies to evaluate existing technical and timely input in the development of Federal mandate that may result in standards when developing new regulatory policies on matters that estimated annual costs of $100 million regulations. To comply with NTTAA, significantly or uniquely affect their or more to either State, local, or tribal EPA must consider and use ‘‘voluntary communities.’’ This rule does not governments in the aggregate, or to the consensus standards’’ if available and significantly or uniquely affect the private sector. This Federal action applicable when developing programs communities of Indian tribal approves pre-existing requirements and policies unless doing so would be governments. Accordingly, the under State or local law, and imposes inconsistent with applicable law or requirements of section 3(b) of E.O. no new requirements. Accordingly, no otherwise impractical. 13084 do not apply to this rule. additional costs to State, local, or tribal EPA believes that VCS are governments, or to the private sector, inapplicable to this action. Today’s E. Regulatory Flexibility Act result from this action. action does not require the public to The Regulatory Flexibility Act (RFA) G. Submission to Congress and the perform activities conducive to the use generally requires an agency to conduct of VCS. a regulatory flexibility analysis of any Comptroller General rule subject to notice and comment The Congressional Review Act, 5 K. Petitions for Judicial Review rulemaking requirements unless the U.S.C. 801 et seq., as added by the Small Under section 307(b)(1) of the Clean agency certifies that the rule will not Business Regulatory Enforcement Air Act, petitions for judicial review of have a significant economic impact on Fairness Act of 1996, generally provides this action must be filed in the United a substantial number of small entities. that before a rule may take effect, the States Court of Appeals for the Small entities include small businesses, agency promulgating the rule must appropriate circuit by June 21, 1999. small not-for-profit enterprises, and submit a rule report, which includes a Filing a petition for reconsideration by small governmental jurisdictions. This copy of the rule, to each House of the the Administrator of this final rule does final rule will not have a significant Congress and to the Comptroller General not affect the finality of this rule for the impact on a substantial number of small of the United States. EPA will submit a purposes of judicial review nor does it entities because SIP approvals under report containing this rule and other extend the time within which a petition section 110 and subchapter I, part D of required information to the U.S. Senate, for judicial review may be filed, and the Clean Air Act do not create any new the U.S. House of Representatives, and shall not postpone the effectiveness of requirements but simply approve the Comptroller General of the United such rule or action. This action may not requirements that the State is already States prior to publication of the rule in be challenged later in proceedings to imposing. Therefore, because the the Federal Register. A major rule enforce its requirements. (See section Federal SIP approval does not create cannot take effect until 60 days after it 307(b)(2).) any new requirements, I certify that this is published in the Federal Register. action will not have a significant This rule is not a ‘‘major’’ rule as List of Subjects in 40 CFR Part 52 economic impact on a substantial defined by 5 U.S.C. 804(2). Environmental protection, Air number of small entities. Moreover, due pollution control, Hydrocarbons, Ozone, H. Paperwork Reduction Act to the nature of the Federal-State Nitrogen oxides, Transportation relationship under the Clean Air Act, This action does not contain any conformity. preparation of flexibility analysis would information collection requirements Dated: April 8, 1999. constitute Federal inquiry into the which requires OMB approval under the economic reasonableness of state action. Paperwork Reduction Act (44 U.S.C. David A. Ullrich, The Clean Air Act forbids EPA to base 3501 et seq.). Acting Regional Administrator, Region 5. its actions concerning SIPs on such Part 52, chapter I, title 40 of the Code I. Executive Order 12898: grounds. Union Electric Co., v. U.S. of Federal Regulations is amended as Environmental Justice EPA, 427 U.S. 246, 255–66 (1976); 42 follows: U.S.C. 7410(a)(2). Under E.O. 12898 each Federal agency must make achieving PART 52Ð[AMENDED] F. Unfunded Mandates environmental justice part of its mission Under section 202 of the Unfunded by identifying and addressing, as 1. The authority citation for part 52 Mandates Reform Act of 1995 appropriate, disproportionately high continues to read as follows: (‘‘Unfunded Mandates Act’’), signed and adverse human health or Authority: 42 U.S.C. 7401 et seq. into law on March 22, 1995, EPA must environmental effects of its programs, prepare a budgetary impact statement to policies, and activities on minorities Subpart KKÐOhio accompany any proposed or final rule and low-income populations. Today’s 2. Section 52.1885 is amended by that includes a Federal mandate that action (revising the emissions budgets adding paragraph (a)(11) to read as may result in estimated annual costs to in Ohio’s maintenance plan for Stark follows: State, local, or tribal governments in the County) does not adversely affect aggregate; or to private sector, of $100 minorities and low-income populations § 52.1885 Control Strategy: Ozone million or more. Under section 205, because the new, more stringent 8-hour (a) * * * EPA must select the most cost-effective ozone standard is in effect and provides (11) Approval—On March 18, 1999, and least burdensome alternative that increased protection to the public, Ohio submitted a revision to the

VerDate 23-MAR-99 15:21 Apr 19, 1999 Jkt 183247 PO 00000 Frm 00039 Fmt 4700 Sfmt 4700 E:\FR\FM\20APR1.XXX pfrm01 PsN: 20APR1 19290 Federal Register / Vol. 64, No. 75 / Tuesday, April 20, 1999 / Rules and Regulations maintenance plan for the Stark County FOR FURTHER INFORMATION CONTACT: MSW landfill (as defined in 40 CFR (Canton) area. The revision consists of Karla McCorkle at (404) 562–9043 or 60.32c) for which construction, allocating a portion of the Stark County Scott Davis at (404) 562–9127. reconstruction or modification was area’s safety margins to the SUPPLEMENTARY INFORMATION: commenced before May 30, 1991. transportation conformity mobile source Pursuant to 40 CFR 60.23(a), States emissions budgets. The mobile source I. Background were required to either: (1) submit a budgets for transportation conformity Under section 111(d) of the Clean Air plan for the control of the designated purposes for the Stark County area are Act (Act), EPA has established pollutant to which the EG applies; or (2) now: 17.34 tons per day of volatile procedures whereby States submit plans submit a negative declaration if there organic compound emissions for the to control certain existing sources of were no designated facilities in the State year 2005 and 13.00 tons per day of ‘‘designated pollutants.’’ Designated within nine months after publication of oxides of nitrogen emissions for the year pollutants are defined as pollutants for the EG (by December 12, 1996). 2005. which a standard of performance for EPA has been involved in litigation new sources applies under section 111, over the requirements of the MSW [FR Doc. 99–9866 Filed 4–19–99; 8:45 am] landfill EG and NSPS since the summer but which are not ‘‘criteria pollutants’’ BILLING CODE 6560±50±P of 1996. On November 13, 1997, EPA (i.e., pollutants for which National issued a notice of proposed settlement Ambient Air Quality Standards in National Solid Wastes Management (NAAQS) are set pursuant to sections ENVIRONMENTAL PROTECTION Association v. Browner, et al., No. 96– 108 and 109 of the Act) or hazardous air AGENCY 1152 (D.C. Cir), in accordance with pollutants (HAPs) regulated under section 113(g) of the Act. See 62 FR 40 CFR Part 62 section 112 of the Act. As required by 60898. It is important to note that the section 111(d) of the Act, EPA proposed settlement does not vacate or established a process at 40 CFR part 60, [KY111±9914a; FRL±6326±1] void the existing MSW landfill EG or subpart B, which States must follow in NSPS. Pursuant to the proposed Approval and Promulgation of State adopting and submitting a section settlement agreement, EPA published a Plans for Designated Facilities and 111(d) plan. Whenever EPA direct final rulemaking on June 16, Pollutants: Kentucky promulgates a new source performance 1998, in which EPA is amending 40 CFR standard (NSPS) that controls a part 60, subparts Cc and WWW, to add AGENCY: Environmental Protection designated pollutant, EPA establishes Agency. clarifying language, make editorial EG in accordance with 40 CFR 60.22 amendments, and to correct ACTION: Direct final rule. which contain information pertinent to typographical errors. See 63 FR 32743– the control of the designated pollutant 32753, 32783–32784. EPA regulations at SUMMARY: The Environmental Protection from that NSPS source category (i.e., the 40 CFR 60.23(a)(2) provide that a State Agency (EPA) is approving the Section ‘‘designated facility’’ as defined at 40 has nine months to adopt and submit 111(d) Plan submitted by the Kentucky CFR 60.21(b)). Thus, a State, local, or any necessary State Plan revisions after Division for Air Quality (DAQ) for the tribal agency’s section 111(d) plan for a publication of a final revised emission Commonwealth of Kentucky on designated facility must comply with guideline document. Thus, States are December 3, 1998, for implementing the EG for that source category as well not yet required to submit State Plan and enforcing the Emissions Guidelines as 40 CFR part 60, subpart B. revisions to address the June 16, 1998, (EG) applicable to existing Municipal On March 12, 1996, EPA published direct final amendments to the EG. In Solid Waste (MSW) Landfills. EG for existing MSW landfills at 40 CFR addition, as stated in the June 16, 1998, part 60, subpart Cc (40 CFR 60.30c DATES: This direct final rule is effective preamble, the changes to 40 CFR part on June 21, 1999 without further notice, through 60.36c) and NSPS for new 60, subparts Cc and WWW, do not unless EPA receives significant, MSW Landfills at 40 CFR part 60, significantly modify the requirements of material, and adverse comment by May subpart WWW (40 CFR 60.750 through those subparts. See 63 FR 32744. 20, 1999. If EPA receives adverse 60.759). (See 61 FR 9905–9944.) The Accordingly, the MSW landfill EG comment, we will publish a timely pollutants regulated by the NSPS and published on March 12, 1996, was used withdrawal of the direct final rule in the EG are MSW landfill emissions, which as a basis by EPA for review of section Federal Register and inform the public contain a mixture of volatile organic 111(d) Plan submittals. that the rule will not take effect. compounds (VOCs), other organic This action approves the section compounds, methane, and HAPs. VOC 111(d) Plan submitted by the Kentucky ADDRESSES: Written comments should emissions can contribute to ozone DAQ for the Commonwealth of be addressed to: Karla McCorkle, EPA formation which can result in adverse Kentucky to implement and enforce Region 4, Air Planning Branch, 61 effects to human health and vegetation. Subpart Cc. Forsyth Street, SW, Atlanta, Georgia The health effects of HAPs include 30303–8960. cancer, respiratory irritation, and II. Discussion Copies of materials submitted to EPA damage to the nervous system. Methane The Kentucky DAQ submitted to EPA may be examined during normal emissions contribute to global climate on December 3, 1998, the following in business hours at the following change and can result in fires or their section 111(d) Plan for locations: EPA Region 4, Atlanta Federal explosions when they accumulate in implementing and enforcing the Center, 61 Forsyth Street, SW, Atlanta, structures on or off the landfill site. To emission guidelines for existing MSW Georgia 30303–8960; and at the determine whether control is required, landfills in the Commonwealth of Kentucky Division for Air Quality, nonmethane organic compounds Kentucky: Statutory and Legal Department for Environmental (NMOCs) are measured as a surrogate Authority; Enforceable Mechanisms; Protection, Natural Resources and for MSW landfill emissions. Thus, MSW Landfill Source and Emissions Environmental Protection Cabinet, 803 NMOC is considered the designated Inventory; Emission Limitations; Schenkel Lane, Frankfort, Kentucky pollutant. The designated facility which Process for Review and Approval of 40601. is subject to the EG is each existing Collection and Control System Design

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Plans; Testing, Monitoring, review of site-specific design plans for III. Final Action Recordkeeping, and Reporting; gas collection and control systems. The Based on the rationale discussed Compliance Schedule; Demonstration process outlined in the Plan meets the above, EPA is approving the That the Public Had Adequate Notice Federal requirements contained in Commonwealth of Kentucky section and Public Hearing Record; Submittal of Subpart Cc for existing MSW landfills. 111(d) Plan, as submitted on December Progress Reports to EPA; Quality In the Plan, the Kentucky DAQ cites 3, 1998, for the control of landfill gas Assurance; and applicable the compliance schedules adopted in from existing MSW landfills. As Commonwealth of Kentucky statutes 401 KAR 61:036 for each existing MSW provided by 40 CFR 60.28(c), any and Kentucky DAQ rules. landfill to be in compliance within 30 revisions to the Kentucky State Plan or The approval of the Kentucky State months of the effective date of their associated regulations will not be Plan is based on finding that: (1) the state plan. These compliance times for considered part of the applicable plan Kentucky DAQ provided adequate affected MSW landfills address the until submitted by the Kentucky DAQ in public notice of public hearings for the required compliance time lines of the accordance with 40 CFR 60.28(a) or (b), proposed rulemaking and State Plan EG. This portion of the Plan has been as applicable, and until approved by which allows the Kentucky DAQ to reviewed and approved as being at least EPA in accordance with 40 CFR part 60, implement and enforce the EG for MSW as protective as Federal requirements for subpart B. landfills; and (2) the Kentucky DAQ also existing MSW landfills. The EPA is publishing this action demonstrated legal authority to adopt In Table 1 and Appendix A of the without prior proposal because the emission standards and compliance Plan, the Kentucky DAQ submitted a Agency views this as a noncontroversial schedules applicable to the designated source and emission inventory of all amendment and anticipates no adverse facilities; enforce applicable laws, designated pollutants for each MSW comments. However, in a separate regulations, standards and compliance landfill in the Commonwealth of document in this Federal Register schedules; seek injunctive relief; obtain Kentucky. This portion of the Plan has publication, the EPA is proposing to information necessary to determine been reviewed and approved as meeting approve the revision should significant, compliance; require recordkeeping; the Federal requirements for existing conduct inspections and tests; require material, and adverse comments be MSW landfills. filed. This action will be effective June the use of monitors; require emission The Plan includes its legal authority reports of owners and operators; and 21, 1999 unless by May 20, 1999, to require owners and operators of make emission data publicly available. adverse or critical comments are designated facilities to maintain records In the Plan, the Kentucky DAQ cites received. the following references for the legal and report to their agency the nature If the EPA receives such comments, authority: Kentucky Revised Statute and amount of emissions and any other this action will be withdrawn before the (KRS) 224.10–100; KRS 224.20–100; information that may be necessary to effective date by publishing a KRS 224.20–110; and KRS 224.20–120. enable their agency to judge the subsequent document that will On the basis of these statutes of the compliance status of the facilities. The withdraw the final action. All public Commonwealth of Kentucky, the State Kentucky DAQ also cites its legal comments received will be addressed in Plan is approved as being at least as authority to provide for periodic a subsequent final rule based on this protective as the Federal requirements inspection and testing and provisions action serving as a proposed rule. The for existing MSW landfills. for making reports of MSW landfill EPA will not institute a second In the Plan, the Kentucky DAQ cites emissions data, correlated with comment period on this action. Any the enforceable mechanism for emission standards that apply, available parties interested in commenting on this implementing the EG for existing MSW to the general public. 401 KAR 61:036 action should do so at this time. If no landfills. The enforceable mechanisms and 401 KAR 60:750 support the such comments are received, the public are the Commonwealth regulations requirements of monitoring, is advised that this action will be adopted by the Commonwealth of recordkeeping, reporting, and effective June 21, 1999. Kentucky in 401 Kentucky compliance assurance. These Kentucky Nothing in this action should be Administrative Regulation (KAR) 61:036 regulations have been reviewed and construed as permitting or allowing or ‘‘Emission Guidelines and Compliance approved as being at least as protective establishing a precedent for any future Times for Municipal Solid Waste as Federal requirements for existing request for revision to any section Landfills’’ and 401 KAR 60:750 MSW landfills. 111(d) plan. Each request for revision to ‘‘Standards of Performance for The Plan outlines how the Kentucky the section 111(d) plan shall be Municipal Solid Waste Landfills.’’ The DAQ will provide progress reports of considered separately in light of specific State’s regulations meet the Federal Plan implementation updates to the technical, economic, and environmental requirements for an enforceable EPA on an annual basis. These progress factors and in relation to relevant mechanism and are approved as being at reports will include the required items statutory and regulatory requirements. least as protective as the Federal pursuant to 40 CFR part 60, subpart B. IV. Administrative Requirements requirements contained in Subpart Cc This portion of the Plan has been for existing MSW landfills. reviewed and approved as meeting the A. Executive Order 12866 In the Plan, the Kentucky DAQ cites Federal requirement for Plan reporting. The Office of Management and Budget all emission limitations for the major Consequently, EPA finds that the (OMB) has exempted this regulatory pollutant categories related to the Kentucky State Plan meets all of the action from review under Executive designated sites and facilities. These requirements applicable to such plans Order (E.O.) 12866, entitled ‘‘Regulatory limitations in 401 KAR 61:036 are in 40 CFR part 60, subparts B and Cc. Planning and Review.’’ approved as being at least as protective The Kentucky DAQ did not, however, as the Federal requirements contained submit evidence of authority to regulate B. Executive Order 12875 in Subpart Cc for existing MSW existing MSW landfills in Indian Under E.O. 12875, EPA may not issue landfills. Country. Therefore, EPA is not a regulation that is not required by The Plan describes the process the approving this Plan as it relates to those statute and that creates a mandate upon Kentucky DAQ will utilize for the sources. a state, local, or tribal government,

VerDate 23-MAR-99 15:21 Apr 19, 1999 Jkt 183247 PO 00000 Frm 00041 Fmt 4700 Sfmt 4700 E:\FR\FM\20APR1.XXX pfrm01 PsN: 20APR1 19292 Federal Register / Vol. 64, No. 75 / Tuesday, April 20, 1999 / Rules and Regulations unless the Federal government provides section of the preamble to the rule, a revision at issue here. The action taken the funds necessary to pay the direct description of the extent of EPA’s prior herein does not express or imply any compliance costs incurred by those consultation with representatives of viewpoint on the question of whether governments. If EPA complies by affected tribal governments, a summary there are legal deficiencies in this or any consulting, E.O. 12875 requires EPA to of the nature of their concerns, and a other Clean Air Act program resulting provide to the Office of Management statement supporting the need to issue from the effect of Kentucky’s audit and Budget a description of the extent the regulation. In addition, Executive privilege and immunity law. A state of EPA’s prior consultation with Order 13084 requires EPA to develop an audit privilege and immunity law can representatives of affected state, local, effective process permitting elected and affect only state enforcement and cannot and tribal governments, the nature of other representatives of Indian tribal have any impact on federal enforcement their concerns, copies of written governments ‘‘to provide meaningful authorities. EPA may at any time invoke communications from the governments, and timely input in the development of its authority under the Clean Air Act, and a statement supporting the need to regulatory policies on matters that including, for example, sections 113, issue the regulation. In addition, E.O. significantly or uniquely affect their 167, 205, 211 or 213, to enforce the 12875 requires EPA to develop an communities.’’ requirements or prohibitions of the state effective process permitting elected Today’s rule does not significantly or plan, independently of any state officials and other representatives of uniquely affect the communities of enforcement effort. In addition, citizen state, local, and tribal governments ‘‘to Indian tribal governments. This action enforcement under section 304 of the provide meaningful and timely input in does not involve or impose any Clean Air Act is likewise unaffected by the development of regulatory proposals requirements that affect Indian Tribes. a state audit privilege or immunity law. containing significant unfunded Accordingly, the requirements of H. Unfunded Mandates mandates.’’ section 3(b) of E.O. 13084 do not apply Today’s rule does not create a to this rule. Under Section 202 of the Unfunded mandate on state, local or tribal Mandates Reform Act of 1995 E. Regulatory Flexibility governments. The rule does not impose (‘‘Unfunded Mandates Act’’), signed any enforceable duties on these entities. The Regulatory Flexibility Act (RFA) into law on March 22, 1995, EPA must Accordingly, the requirements of generally requires an agency to conduct prepare a budgetary impact statement to section 1(a) of E.O. 12875 do not apply a regulatory flexibility analysis of any accompany any proposed or final rule to this rule. rule subject to notice and comment that includes a Federal mandate that rulemaking requirements unless the may result in estimated costs to State, C. Executive Order 13045 agency certifies that the rule will not local, or tribal governments in the Protection of Children from have a significant economic impact on aggregate; or to private sector, of $100 Environmental Health Risks and Safety a substantial number of small entities. million or more. Under Section 205, Risks (62 FR 19885, April 23, 1997), Small entities include small businesses, EPA must select the most cost-effective applies to any rule that: (1) is small not-for-profit enterprises, and and least burdensome alternative that determined to be ‘‘economically small governmental jurisdictions. This achieves the objectives of the rule and significant’’ as defined under E.O. final rule will not have a significant is consistent with statutory 12866, and (2) concerns an impact on a substantial number of small requirements. Section 203 requires EPA environmental health or safety risk that entities because SIP approvals under to establish a plan for informing and EPA has reason to believe may have a section 110 and subchapter I, part D of advising any small governments that disproportionate effect on children. If the Clean Air Act do not create any new may be significantly or uniquely the regulatory action meets both criteria, requirements but simply approve impacted by the rule. the Agency must evaluate the requirements that the State is already EPA has determined that the approval environmental health or safety effects of imposing. Therefore, because the action promulgated does not include a the planned rule on children, and Federal SIP approval does not create Federal mandate that may result in explain why the planned regulation is any new requirements, I certify that this estimated costs of $100 million or more preferable to other potentially effective action will not have a significant to either State, local, or tribal and reasonably feasible alternatives economic impact on a substantial governments in the aggregate, or to the considered by the Agency. number of small entities. Moreover, due private sector. This Federal action This rule is not subject to E.O. 13045 to the nature of the Federal-State approves pre-existing requirements because it does not involve decisions relationship under the Clean Air Act, under State or local law, and imposes intended to mitigate environmental preparation of flexibility analysis would no new requirements. Accordingly, no health or safety risks. constitute Federal inquiry into the additional costs to State, local, or tribal economic reasonableness of state action. governments, or to the private sector, D. Executive Order 13084 The Clean Air Act forbids EPA to base result from this action. Under E.O. 13084, EPA may not issue its actions concerning SIPs on such I. Submission to Congress and the a regulation that is not required by grounds. Union Electric Co., v. U.S. Comptroller General statute, that significantly affects or EPA, 427 U.S. 246, 255–66 (1976); 42 uniquely affects the communities of U.S.C. 7410(a)(2). The Congressional Review Act, 5 Indian tribal governments, and that U.S.C. 801 et seq., as added by the Small imposes substantial direct compliance F. Disclaimer Language Approving SIP Business Regulatory Enforcement costs on those communities, unless the Revisions in Audit Law States Fairness Act of 1996, generally provides Federal government provides the funds Nothing in this action should be that before a rule may take effect, the necessary to pay the direct compliance construed as making any determination agency promulgating the rule must costs incurred by the tribal or expressing any position regarding submit a rule report, which includes a governments. If EPA complies by Kentucky’s audit privilege and penalty copy of the rule, to each House of the consulting, E.O. 13084 requires EPA to immunity law, Kentucky KRS 224.01– Congress and to the Comptroller General provide to the Office of Management 040 or its impact upon any approved of the United States. EPA will submit a and Budget, in a separately identified provision in the SIP, including the report containing this rule and other

VerDate 23-MAR-99 15:21 Apr 19, 1999 Jkt 183247 PO 00000 Frm 00042 Fmt 4700 Sfmt 4700 E:\FR\FM\20APR1.XXX pfrm01 PsN: 20APR1 Federal Register / Vol. 64, No. 75 / Tuesday, April 20, 1999 / Rules and Regulations 19293 required information to the U.S. Senate, Landfill Gas Emissions From Existing amended, 42 U.S.C. 12501 et seq., and the U.S. House of Representatives, and Municipal Solid Waste Landfills the Domestic Volunteer Service Act of the Comptroller General of the United 1973, as amended, 42 U.S.C. 4950 et States prior to publication of the rule in § 62.4355 Identification of sources. seq. the Federal Register. This rule is not a The plan applies to existing The functions of the ACTION agency ‘‘major rule’’ as defined by 5 U.S.C. municipal solid waste landfills for were transferred to the Corporation on 804(2). which construction, reconstruction, or April 4, 1994. This final rule modification was commenced before redesignates ACTION’s policy at 45 CFR J. Petitions for Judicial Review May 30, 1991, that accepted waste at Chapter XII, part 1224, to be revised as any time since November 8, 1987, or Under section 307(b)(1) of the Clean 45 CFR Chapter XXV, part 2508, and that have additional capacity available Air Act, petitions for judicial review of governs the Corporation as a whole. The for future waste deposition, as described this action must be filed in the United Distribution Table in the Preamble in 40 CFR part 60, subpart Cc. States Court of Appeals for the compares the earlier version of CFR part appropriate circuit by June 21, 1999. [FR Doc. 99–9595 Filed 4–19–99; 8:45 am] numbers under 45 Chapter XII, part Filing a petition for reconsideration by BILLING CODE 6560±50±P 1224, with the new CFR part numbers the Administrator of this final rule does assigned under 45 Chapter XXV, part not affect the finality of this rule for the 2508. The subjects listed in 45 CFR purposes of judicial review nor does it CORPORATION FOR NATIONAL AND Chapter XII, part 1224, are revised and extend the time within which a petition COMMUNITY SERVICE redesignated under 45 CFR Chapter for judicial review may be filed, and XXV, part 2508, to reflect the new shall not postpone the effectiveness of 45 CFR Parts 1224 and 2508 subject listings. The redesignated subpart numbers under 45 CFR Chapter such rule or action. This action may not RIN 3045±AA22 be challenged later in proceedings to XXV, part 2508, are written in a plain enforce its requirements. (See section Implementation of the Privacy Act of language format as questions/answers to 307(b)(2).) 1974 provide for a better understanding of the Corporation’s revised Privacy Act List of Subjects in 40 CFR Part 62 AGENCY: Corporation for National and regulation. Community Service. Environmental protection, Regulatory Flexibility Act ACTION: Final rule. Administrative practice and procedure, I certify that this regulation will not Air pollution control, Intergovernmental SUMMARY: The Corporation for National have a significant economic impact on relations, Municipal waste combustors, and Community Service (hereinafter the a substantial number of small entities. Reporting and recordkeeping ‘‘Corporation’’) has revised its Executive Order 12866 requirements. regulations under the Privacy Act. The Dated: March 24, 1999. Corporation redesignated the existing This regulation has been drafted and A. Stanley Meiburg, regulations under former ACTION’s CFR reviewed in accordance with Executive chapter as updated regulations under Order 12866. The Office of Management Acting Regional Administrator, Region 4. the Corporation’s CFR chapter. The and Budget has reviewed this rule and 40 CFR Part 62 of the Code of Federal Corporation expects this rule will has determined that this rule is not a Regulations is amended as follows: promote consistency in its processing of ‘‘significant regulatory action’’ under Privacy Act requests by setting forth the Executive Order 12866, section 3(f), PART 62Ð[AMENDED] basic policies of the Corporation Regulatory Planning and Review. governing the maintenance of its system Paperwork Reduction Act 1. The authority citation for Part 62 of records which contains the personal continues to read as follows: information of its employees. I certify that this regulation does not require additional reporting under the Authority: 42 U.S.C. 7401–7671q. DATES: This final rule is effective May 20, 1999. criteria of the Paperwork Reduction Act of 1980. Subpart SÐKentucky FOR FURTHER INFORMATION CONTACT: Bill Hudson, Corporation Freedom of Unfunded Mandates Reform Act of 2. Section 62.4350 is amended by Information Act/Privacy Act Officer, at 1995 adding paragraphs (b)(2) and (c)(4) to (202) 606–5000, ext. 265. read as follows: This regulation will not result in the SUPPLEMENTARY INFORMATION: The expenditure by State, local, and tribal § 62.4350 Identification of plan. Corporation published a notice of governments, in the aggregate, or by the * * * * * proposed rulemaking on March 5, 1999 private sector, of $100,000,000 or more (64 FR 10872) announcing its intention in any one year, and it will not (b) * * * to redesignate the existing regulations significantly or uniquely affect small (2) Commonwealth of Kentucky’s under former ACTION’s CFR chapter as governments. Therefore, no actions are Section 111(d) Plan For Existing updated regulations under the deemed necessary under the provisions Municipal Solid Waste Landfills, Corporation’s CFR chapter. The of the Unfunded Mandates Reform Act submitted on December 3, 1998, by the Corporation did not receive any of 1995. Kentucky Division for Air Quality. comments on this proposed rule. The Small Business Regulatory Enforcement (c) * * * Corporation is a wholly-owned government corporation created by Fairness Act of 1996 (4) Existing municipal solid waste Congress to administer programs This rule is not a major rule as landfills. established under the national service defined by § 804 of the Small Business 3. Subpart S is amended by adding a laws. The Corporation operates under Regulatory Enforcement Fairness Act of new § 62.4355 and a new undesignated two statutes, the National and 1996. This rule will not result in an center heading to read as follows: Community Service Act of 1990, as annual effect on the economy of

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$100,000,000 or more; a major increase PART 2508ÐIMPLEMENTATION OF (c) Chief Executive Officer means the in costs or prices; or significant adverse THE PRIVACY ACT OF 1974 Head of the Corporation. effects on competition, employment, (d) Corporation means the investment, productivity, innovation, or Sec. Corporation for National and 2508.1 Definitions. on the ability of United States-based Community Service. 2508.2 What is the purpose of this part? (e) Individual means any citizen of the companies to compete with foreign- 2508.3 What is the Corporation’s Privacy based companies in domestic and Act policy? United States or an alien lawfully export markets. 2508.4 When can Corporation records be admitted for permanent residence. disclosed? (f) Maintain means to collect, use, Submission to Congress and the Office 2508.5 When does the Corporation publish store, disseminate or any combination of of Management and Budget its notice of its system of records? these recordkeeping functions; exercise 2508.6 When will the Corporation publish of control over and therefore, This rule is hereby submitted a notice for new routine uses of responsibility and accountability for, pursuant to 5 U.S.C. 552a(f) for printing information in its system of records? systems of records. in the Federal Register. A copy has been 2508.7 To whom does the Corporation (g) Personnel record means any sent to the Chairman of the Committee provide reports to regarding changes in information about an individual that is on Government Reform and Oversight of its system of records? maintained in a system of records by the 2508.8 Who is responsible for establishing the House of Representatives; the the Corporation’s rules of conduct for Corporation that is needed for personnel Chairman of the Committee on Privacy Act compliance? management or processes such as Governmental Affairs of the Senate; and 2508.9 What officials are responsible for the staffing, employment development, the Administrator, Office of Information security, management and control of retirement, grievances, and appeals. and Regulatory Affairs, Office of Corporation record keeping systems? (h) Privacy Act Officer means the Management and Budget, in accordance 2508.10 Who has the responsibility for individual delegated the authority to with 5 U.S.C. 552a(e)(4) and (a)(r). maintaining adequate technical, allow access to, the release of, or the physical, and security safeguards to withholding of records pursuant to an prevent unauthorized disclosure or DISTRIBUTION TABLE official Privacy Act request. The Privacy destruction of manual and automatic Act Officer is further delegated the record systems? Old 45 CFR New 45 CFR 2508.11 How shall offices maintaining a authority to make the initial part 1224 part 2508 system of records be accountable for determination on all requests to amend those records to prevent unauthorized records. 1224.1±1 ...... 2508.2 disclosure of information? (i) Record means any document or 1224.1±2 ...... 2508.3 2508.12 What are the contents of the other information about an individual 1224.1±3 ...... 2508.1 systems of records that are to be maintained by the agency whether 1224.1±4 ...... 2508.4 maintained by the Corporation? collected or grouped, and including, but 1224.1±5 ...... 2508.5 2508.13 What are the procedures for not limited to, information regarding 1224.1±5a ...... 2505.6 acquiring access to Corporation records education, financial transactions, 1224.1±6 ...... 2508.7 by an individual about whom a record is medical history, criminal or 1224.1±7 ...... None maintained? employment history, or any other 2508.14 What are the identification 1224.1±8 ...... 2508.8 requirements for individuals who personal information that contains the 1224.1±9 ...... 2508.9 request access to records? name or other personal identification 1224.1±10 ...... 2508.10 2508.15 What are the procedures for number, symbol, etc. assigned to such 1224.1±11 ...... 2508.11 requesting inspection of, amendment or individual. 1224.1±12 ...... 2508.12 correction to, or appeal of an (j) Routine use means, with respect to 1224.1±13 ...... 2508.13 individual’s records maintained by the the disclosure of a record, the use of 1224.1±14 ...... 2508.19 Corporation other than that individual’s such record for a purpose which is 1224.1±15 ...... 2508.14 official personnel file? compatible with the purpose for which 1224.1±16 ...... 2508.15 2508.16 What are the procedures for filing it was collected. 1224.1±17 ...... 2508.16 an appeal for refusal to amend or correct (k) System of records means a group 1224.1±18 ...... 2508.17 records? of any records under the maintenance 2508.17 When shall fees be charged and at 1224.1±19 ...... None what rate? and control of the Corporation from None ...... 2508.18 2508.18 What are the penalties for which information is retrieved by use of None ...... 2508.20 obtaining a record under false pretenses? the name of an individual or by some 2508.19 What Privacy Act exemptions or personal identifier of the individual. control of systems of records are exempt List of Subjects in 45 CFR Parts 1224 § 2508.2 What is the purpose of this part? and 2508 from disclosure? 2508.20 What are the restrictions regarding The purpose of this part is to set forth Privacy. the release of mailing lists? the basic policies of the Corporation Authority: 5 U.S.C. 552a; 42 U.S.C. 12501 governing the maintenance of its system Accordingly, and under the authority et seq.; 42 U.S.C. 4950 et seq. of records which contains personal of 42 U.S.C. 12501 et seq., and 42 U.S.C. information concerning its employees as § 2508.1 Definitions. 4950 et seq., the Corporation amends 45 defined in the Privacy Act (5 U.S.C. CFR chapters XII and XXV as follows: (a) Amend means to make a correction 552a). Records included in this part are to, or expunge any portion of, a record those described in aforesaid act and PART 1224Ð[REDESIGNATED AS about an individual which that maintained by the Corporation and/or PART 2508] individual believes is not accurate, any component thereof. relevant, timely, or complete. 1. Part 1224 in 45 CFR chapter XII is (b) Appeal Officer means the § 2508.3 What is the Corporation's Privacy redesignated as part 2508 in 45 CFR individual delegated the responsibility Act policy? chapter XXV and is revised to read as to act on all appeals filed under the It is the policy of the Corporation to follows: Privacy Act. protect, preserve, and defend the right

VerDate 23-MAR-99 15:21 Apr 19, 1999 Jkt 183247 PO 00000 Frm 00044 Fmt 4700 Sfmt 4700 E:\FR\FM\20APR1.XXX pfrm01 PsN: 20APR1 Federal Register / Vol. 64, No. 75 / Tuesday, April 20, 1999 / Rules and Regulations 19295 of privacy of any individual about record is sought. Such a record may also use of any system of records maintained whom the Corporation maintains be disclosed by the Corporation to the by it with an opportunity for public personal information in any system of law enforcement agency on its own comments on such use. Such notice records and to provide appropriate and initiative in situations in which shall contain the following: complete access to such records criminal conduct is suspected provided (a) The name of the system of records including adequate opportunity to that such disclosure has been for which the routine use is to be correct any errors in said records. established as a routine use or in established. Further, it is the policy of the situations in which the misconduct is Corporation to maintain its records in directly related to the purpose for which (b) The authority for the system. such a manner that the information the record is maintained; (c) The purpose for which the record contained therein is, and remains (viii) To a person pursuant to a is to be maintained. material and relevant to the purposes for showing of compelling circumstances (d) The proposed routine use(s). which it is received in order to maintain affecting the health or safety of any its records with fairness to the individual if, upon such disclosure, (e) The purpose of the routine use(s). individuals who are the subjects of such notification is transmitted to the last (f) The categories of recipients of such records. known address of such individual; use. In the event of any request for an (ix) To either House of Congress, or, addition to the routine uses of the § 2508.4 When can Corporation records be to the extent of matter within its systems which the Corporation disclosed? jurisdiction, any committee or maintains, such request may be sent to (a) (1) The Corporation will not subcommittee thereof, any joint the following office: Corporation for disclose any record that is contained in committee of Congress or subcommittee National and Community Service, its system of records by any means of of any such joint committee; Director, Administration and communication to any person, or to (x) To the Comptroller General or any Management Services, Room 6100, 1201 another agency, except pursuant to a of his or her authorized representatives, New York Avenue, NW, Washington, written request by, or with the prior in the course of the performance of DC 20525. written consent of the individual to official duties in the General whom the record pertains, unless Accounting Office; § 2508.7 To whom does the Corporation disclosure of the record would be: provide reports regarding changes in its (xi) Pursuant to an order of a court of system of records? (i) To employees of the Corporation competent jurisdiction served upon the who maintain the record and who have Corporation pursuant to 45 CFR 1201.3, The Corporation shall provide to the a need for the record in the performance and provided that if any such record is Committee on Government Operations of their official duties; disclosed under such compulsory legal of the House of Representatives, the (ii) When required under the process and subsequently made public Committee on Governmental Affairs of provisions of the Freedom of by the court which issued it, the the Senate, and the Office of Information Act (5 U.S.C. 552); Corporation must make a reasonable Management and Budget, advance (iii) For routine uses as appropriately effort to notify the individual to whom notice of any proposal to establish or published in the annual notice of the the record pertains of such disclosure; alter any system of records as defined Federal Register; (xii) To a contractor, expert, or herein. This report will be submitted in (iv) To the Bureau of the Census for consultant of the Corporation (or an accordance with guidelines provided by purposes of planning or carrying out a office within the Corporation) when the the Office of Management and Budget. census or survey or related activity purpose of the release to perform a pursuant to the provisions of title 13; survey, audit, or other review of the § 2508.8 Who is responsible for (v) To a recipient who has provided establishing the Corporation's rules of the Corporation with advance adequate Corporation’s procedures and conduct for Privacy Act compliance? written assurance that the record will be operations; and used solely as a statistical research or (xiii) To a consumer reporting agency (a) The Chief Executive Officer shall reporting record, and the record is to be in accordance with section 3711(f) of ensure that all persons involved in the transferred in a form that is not title 31. design, development, operation or individually identifiable; maintenance of any system of records as § 2508.5 When does the Corporation defined herein are informed of all (vi) To the National Archives and publish its notice of its system of records? Records Administration of the United requirements necessary to protect the The Corporation shall publish privacy of individuals who are the States as a record which has sufficient annually a notice of its system of historical or other value to warrant its subject of such records. All employees records maintained by it as defined shall be informed of all implications of continued preservation by the United herein in the format prescribed by the States Government, or for evaluation by the Act in this area including the civil General Services Administration in the remedies provided under 5 U.S.C. the Archivist of the United States or the Federal Register; provided, however, designee of the Archivist to determine 552a(g)(1) and the fact that the that such publication shall not be made Corporation may be subject to civil whether the record has such value; for those systems of records maintained (vii) To another agency or to an remedies for failure to comply with the by other agencies while in the provisions of the Privacy Act and this instrumentality of any governmental temporary custody of the Corporation. jurisdiction within or under the control regulation. of the United States for civil or criminal § 2508.6 When will the Corporation publish (b) The Chief Executive Officer shall law enforcement activity if the activity a notice for new routine uses of information also ensure that all personnel having is authorized by law, and if the head of in its system of records? access to records receive adequate the agency or instrumentality has made At least 30 days prior to publication training in the protection of the security a written request to the Corporation for of information under the preceding of personal records, and that adequate such records specifying the particular section, the Corporation shall publish in and proper storage is provided for all portion desired and the law the Federal Register a notice of its such records with sufficient security to enforcement activity for which the intention to establish any new routine assure the privacy of such records.

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§ 2508.9 What officials are responsible for locked metal filing cabinets or identifiable personal data and the security, management and control of maintained in a secured room with a automated systems shall be adequately Corporation record keeping systems? locking door. trained in the security and privacy of (a) The Director of Administration (3) Access to and use of a system of personal data. and Management Services shall have records shall be permitted only to (4) The disposal and disposition of overall control and supervision of the persons whose duties require such identifiable personal data and security of all systems of records and access within the Corporation, for automated systems shall be done by shall be responsible for monitoring the routine uses as defined in § 2508.4 as to shredding, burning or in the case of security standards set forth in this any given system, or for such other uses tapes or discs, degaussing, in regulation. as may be provided herein. accordance with any regulations now or (b) A designated official (System (4) Other than for access within the hereafter proposed by the General Manager) shall be named who shall Corporation to persons needing such Services Administration or other have management responsibility for records in the performance of their appropriate authority. each record system maintained by the official duties or routine uses as defined Corporation and who shall be in § 2508.4, or such other uses as § 2508.11 How shall offices maintaining a responsible for providing protection and provided herein, access to records system of records be accountable for those within a system of records shall be records to prevent unauthorized disclosure accountability for such records at all of information? times and for insuring that such records permitted only to the individual to are secured in appropriate containers whom the record pertains or upon his (a) Each office maintaining a system whenever not in use or in the direct or her written request to the Director, of records shall account for all records control of authorized personnel. Administration and Management within such system by maintaining a Services. written log in the form prescribed by the § 2508.10 Who has the responsibility for (5) Access to areas where a system of Director, Administration and maintaining adequate technical, physical, records is stored will be limited to those Management Services, containing the and security safeguards to prevent persons whose duties require work in following information: unauthorized disclosure or destruction of (1) The date, nature, and purpose of manual and automatic record systems? such areas. There shall be an accounting of the removal of any records from such each disclosure of a record to any The Chief Executive Officer has the storage areas utilizing a written log, as person or to another agency. Disclosures responsibility of maintaining adequate directed by the Director, Administration made to employees of the Corporation technical, physical, and security and Management Services. The written in the normal course of their duties, or safeguards to prevent unauthorized log shall be maintained at all times. pursuant to the provisions of the disclosure or destruction of manual and (6) The Corporation shall ensure that Freedom of Information Act, need not automatic record systems. These all persons whose duties require access be accounted for. security safeguards shall apply to all to and use of records contained in a (2) Such accounting shall contain the systems in which identifiable personal system of records are adequately trained name and address of the person or data are processed or maintained, to protect the security and privacy of agency to whom the disclosure was including all reports and outputs from such records. made. such systems that contain identifiable (7) The disposal and destruction of (3) The accounting shall be personal information. Such safeguards records within a system of records shall maintained in accordance with a system must be sufficient to prevent negligent, be in accordance with rules of records approved by the Director, accidental, or unintentional disclosure, promulgated by the General Services Administration and Management modification or destruction of any Administration. Services, as sufficient for the purpose personal records or data, and must (b) Automated systems. (1) but in any event sufficient to permit the furthermore minimize, to the extent Identifiable personal information may construction of a listing of all practicable, the risk that skilled be processed, stored or maintained by disclosures at appropriate periodic technicians or knowledgeable persons automated data systems only where intervals. could improperly obtain access to facilities or conditions are adequate to (4) The accounting shall reference any modify or destroy such records or data prevent unauthorized access to such justification or basis upon which any and shall further insure against such systems in any form. Whenever such release was made including any written casual entry by unskilled persons data, whether contained in punch cards, documentation required when records without official reasons for access to magnetic tapes or discs, are not under are released for statistical or law such records or data. the personal control of an authorized enforcement purposes under the (a) Manual systems. (1) Records person, such information must be stored provisions of subsection (b) of the contained in a system of records as in a locked or secured room, or in such Privacy Act of 1974 (5 U.S.C. 552a). defined herein may be used, held or other facility having greater safeguards (5) For the purpose of this part, the stored only where facilities are adequate than those provided for herein. system of accounting for disclosures is to prevent unauthorized access by (2) Access to and use of identifiable not a system of records under the persons within or outside the personal data associated with automated definitions hereof, and need not be Corporation. data systems shall be limited to those maintained within a system of records. (2) All records, when not under the persons whose duties require such (6) Any subject individual may personal control of the employees access. Proper control of personal data request access to an accounting of authorized to use the records, must be in any form associated with automated disclosures of a record. The subject stored in a locked metal filing cabinet. data systems shall be maintained at all individual shall make a request for Some systems of records are not of such times, including maintenance of access to an accounting in accordance confidential nature that their disclosure accountability records showing with § 2508.13. An individual will be would constitute a harm to an disposition of input and output granted access to an accounting of the individual who is the subject of such documents. disclosures of a record in accordance record. However, records in this (3) All persons whose duties require with the procedures of this subpart category shall also be maintained in access to processing and maintenance of which govern access to the related

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Amendment of the Constitution of the record to the requesting individual in United States, unless expressly the exercise of his or her professional § 2508.12 What are the contents of the authorized by statute or by the judgment. systems of record that are to be maintained (2) Test material and copies of by the Corporation? individual about whom the record is maintained, or unless pertinent to and certificates or other lists of eligibles or (a) The Corporation shall maintain all within the scope of an authorized law any other listing, the disclosure of records that are used in making enforcement activity. which would violate the privacy of any determinations about any individual (g) In the event any record is other individual, or be otherwise with such accuracy, relevance, disclosed as a result of the order of a exempted by the provisions of the timeliness, and completeness as is court of appropriate jurisdiction, the Privacy Act, shall be removed from the reasonably necessary to assure fairness Corporation shall make reasonable record before disclosure to any to the individual in the determination; efforts to notify the individual whose individual to whom the record pertains. (b) In situations in which the record was so disclosed after the process information may result in adverse becomes a matter of public record. § 2508.14 What are the identification determinations about such individual’s requirements for individuals who request rights, benefits and privileges under any § 2508.13 What are the procedures for access to records? Federal program, all information placed acquiring access to Corporation records by The Corporation shall require in a system of records shall, to the an individual about whom a record is reasonable identification of all maintained? greatest extent practicable, be collected individuals who request access to from the individual to whom the record (a) Any request for access to records records to ensure that records are pertains. from any individual about whom a disclosed to the proper person. (c) Each form or other document that record is maintained will be addressed (a) In the event an individual requests an individual is expected to complete in to the Corporation for National and disclosure in person, such individual order to provide information for any Community Service, Office of the shall be required to show an system of records shall have appended General Counsel, Attn: Privacy Act identification card such as a drivers thereto, or in the body of the document: Officer, Room 8200, 1201 New York license, etc., containing a photo and a Avenue, NW, Washington, DC 20525, or sample signature of such individual. (1) An indication of the authority delivered in person during regular Such individual may also be required to authorizing the solicitation of the business hours, whereupon access to his sign a statement under oath as to his or information and whether the provision or her record, or to any information her identity, acknowledging that he or of the information is mandatory or contained therein, if determined to be she is aware of the penalties for voluntary. releasable, shall be provided. improper disclosure under the (2) The purpose or purposes for which (b) If the request is made in person, provisions of the Privacy Act. the information is intended to be used. such individual may, upon his or her (b) In the event that disclosure is (3) Routine uses which may be made request, be accompanied by a person of requested by mail, the Corporation may of the information and published his or her choosing to review the record request such information as may be pursuant to § 2508.6. and shall be provided an opportunity to necessary to reasonably ensure that the (4) The effect on the individual, if have a copy made of any record about individual making such request is any, of not providing all or part of the such individual. properly identified. In certain cases, the required or requested information. (c) A record may be disclosed to a Corporation may require that a mail (d) Records maintained in any system representative chosen by the individual request be notarized with an indication of records used by the Corporation to as to whom a record is maintained upon that the notary received an make any determination about any the proper written consent of such acknowledgment of identity from the individual shall be maintained with individual. individual making such request. such accuracy, relevancy, timeliness, (d) A request made in person will be (c) In the event an individual is and completeness as is reasonably promptly complied with if the records unable to provide suitable necessary to assure fairness to the sought are in the immediate custody of documentation or identification, the individual in the making of any the Corporation. Mailed requests or Corporation may require a signed determination about such individual, personal requests for documents in notarized statement asserting the provided, however, that the Corporation storage or otherwise not immediately identity of the individual and shall not be required to update or keep available, will be acknowledged within stipulating that the individual current retired records. 10 working days, and the information understands that knowingly or willfully (e) Before disseminating any record requested will be promptly provided seeking or obtaining access to records about any individual to any person thereafter. about another person under false other than an employee in the (e) With regard to any request for pretenses is punishable by a fine of up Corporation, unless the dissemination is disclosure of a record, the following to $5,000. made pursuant to the provisions of the procedures shall apply: (d) In the event a requestor wishes to Freedom of Information Act (5 U.S.C. (1) Medical or psychological records be accompanied by another person 552), the Corporation shall make shall be disclosed to an individual while reviewing his or her records, the reasonable efforts to ensure that such unless, in the judgment of the Corporation may require a written records are, or were at the time they Corporation, access to such records statement authorizing discussion of his were collected, accurate, complete, might have an adverse effect upon such or her records in the presence of the timely and relevant for Corporation individual. When such determination accompanying representative or other purposes. has been made, the Corporation may persons.

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§ 2508.15 What are the procedures for of the Privacy Act Officer’s decision on writing of the extension and the requesting inspection of, amendment or the request within that 10 day period. circumstances of the delay. The correction to, or appeal of an individual's (3) If the Privacy Act Officer agrees individual’s request for access to or to records maintained by the Corporation that the record is not accurate, timely, amend or correct the record, the Privacy other than that individual's official or complete, based on a preponderance personnel file? Act Officer’s refusal to amend or correct of the evidence, the record will be the record, and any other pertinent (a) A request for inspection of any corrected or amended. The record will material relating to the appeal will be record shall be made to the Director, be deleted without regard to its reviewed. No hearing will be held. Administration and Management accuracy, if the record is not relevant or (c) If the Appeal Officer determines Services. Such request may be made by necessary to accomplish the that the record that is the subject of the mail or in person provided, however, Corporation’s function for which the appeal should be amended or corrected, that requests made in person may be record was provided or is maintained. the record will be amended or corrected required to be made upon a form In either case, the individual will be and the individual will be informed in provided by the Director of informed in writing of the amendment, writing of the amendment or correction. Administration and Management correction, or deletion and, if Where an accounting was made of prior Services who shall keep a current list of accounting was made of prior disclosures of the record, all previous all systems of records maintained by the disclosures of the record, all previous recipients of the record will be informed Corporation and published in recipients of the record will be informed of the corrective action taken. accordance with the provisions of this of the corrective action taken. regulation. However, the request need (d) If the appeal is denied, the subject (4) If the Privacy Act Officer does not individual will be informed in writing: not be in writing if the individual makes agree that the record should be amended his or her request in person. The (1) Of the denial and reasons for the or corrected, the individual will be denial; requesting individual may request that informed in writing of the refusal to the Corporation compile all records (2) That he or she has a right to seek amend or correct the record. He or she judicial review of the denial; and pertaining to such individual at any will also be informed that he or she may (3) That he or she may submit to the named Service Center/State Office, appeal the refusal to amend or correct Appeal Officer a concise statement of AmeriCorps*NCCC Campus, or at his or her record in accordance with disagreement to be associated with the Corporation Headquarters in § 2508.17. Washington, DC, for the individual’s (5) Requests to amend or correct a disputed record and disclosed whenever inspection and/or copying. In the event record governed by the regulation of the record is disclosed. an individual makes such request for a another government agency will be (e) Whenever an individual submits a compilation of all records pertaining to forwarded to such government agency statement of disagreement to the Appeal him or her in various locations, for processing and the individual will Officer in accordance with paragraph appropriate time for such compilation be informed in writing of the referral. (d)(3) of this section, the record will be shall be provided as may be necessary (c) In the event an individual annotated to indicate that it is disputed. to promptly comply with such requests. disagrees with the Privacy Act Officer’s In any subsequent disclosure, a copy of (b) Any such requests should contain, initial determination, he or she may the subject individual’s statement of at a minimum, identifying information appeal such determination to the disagreement will be disclosed with the needed to locate any given record and Appeal Officer in accordance with record. If the appeal authority deems it a brief description of the item or items § 2508.17. Such request for review must appropriate, a concise statement of the of information required in the event the be made within 30 days after receipt by Appeal Officer’s reasons for denying the individual wishes to see less than all the requestor of the initial refusal to individual’s appeal may also be records maintained about him or her. amend. disclosed with the record. While the (1) In the event an individual, after individual will have access to this examination of his or her record, desires § 2508.16 What are the procedures for statement of reasons, such statement to request an amendment or correction filing an appeal for refusal to amend or will not be subject to correction or of such records, the request must be correct records? amendment. Where an accounting was submitted in writing and addressed to (a) In the event an individual desires made of prior disclosures of the record, the Corporation for National and to appeal any refusal to correct or all previous recipients of the record will Community Service, Office of the amend records, he or she may do so by be provided a copy of the individual’s General Counsel, Attn: Privacy Act addressing, in writing, such appeal to statement of disagreement, as well as Officer, Room 8200, 1201 New York the Corporation for National and the statement, if any, of the Appeal Avenue, NW, Washington, DC 20525. In Community Service, Office of the Chief Officer’s reasons for denying the his or her written request, the Operating Officer, Attn: Appeal Officer, individual’s appeal. individual shall specify: 1201 New York Avenue NW, (i) The system of records from which Washington, DC 20525. Although there § 2508.17 When shall fees be charged and at what rate? the record is retrieved; is no time limit for such appeals, the (ii) The particular record that he or Corporation shall be under no obligation (a) No fees shall be charged for search she is seeking to amend or correct; to maintain copies of original requests time or for any other time expended by (iii) Whether he or she is seeking an or responses thereto beyond 180 days the Corporation to review or produce a addition to or a deletion or substitution from the date of the original request. record except where an individual of the record; and, (b) An appeal will be completed requests that a copy be made of the (iv) His or her reasons for requesting within 30 working days from its receipt record to which he or she is granted amendment or correction of the record. by the Appeal Officer; except that, the access. Where a copy of the record must (2) A request for amendment or appeal authority may, for good cause, be made in order to provide access to correction of a record will be extend this period for an additional 30 the record (e.g., computer printout acknowledged within 10 working days days. Should the appeal period be where no screen reading is available), of its receipt unless the request can be extended, the individual appealing the the copy will be made available to the processed and the individual informed original refusal will be informed in individual without cost.

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(b) The applicable fee schedule is as subject to prosecution under such other FEDERAL COMMUNICATIONS follows: criminal statutes as 18 U.S.C. 494, 495 COMMISSION (1) Each copy of each page, up to and 1001. 81⁄2′′×14′′, made by photocopy or similar 47 CFR Part 73 process is $0.10 per page. § 2508.19 What Privacy Act exemptions or control of systems of records are exempt [MM Docket No. 97±227; RM±9159; RM± (2) Each copy of each microform 9229; RM±9230] frame printed on paper is $0.25. from disclosure? (3) Each aperture card is $0.25. (a) Certain systems of records that are Radio Broadcasting Services; Wasilla (4) Each 105-mm fiche is $0.25. maintained by the Corporation are and Sterling, AK ′ (5) Each 100 foot role of 35-mm exempted from provisions of the Privacy microfilm is $7.00. Act in accordance with exemptions (j) AGENCY: Federal Communications ′ (6) Each 100 foot role of 16-mm and (k) of 5 U.S.C. 552a. Commission. microfilm is $6.00. ACTION: Final rule. (7) Each page of computer printout (1) Exemption of Inspector General without regard to the number of carbon system of records. Pursuant to, and SUMMARY: This document allots Channel copies concurrently printed is $0.20. limited by 5 U.S.C. 552a(j)(2), the 265C2 to Wasilla, Alaska, in lieu of (8) Copying records not susceptible to system of records maintained by the previously proposed Channel 273C2, as photocopying (e.g., punch cards or Office of the Inspector General that that community’s second local FM magnetic tapes), at actual cost to be contains the Investigative Files shall be transmission service, in response to a determined on a case-by-case basis. exempted from the provisions of 5 petition for rule making filed on behalf (9) Other copying forms (e.g., typing U.S.C. 552a, except subsections (b), (c) of KMBQ Corporation (RM–9159). See or printing) will be charged at direct (1) and (2), (e)(4) (A) through (F), 62 FR 61719, November 19, 1997. costs, including personnel and (e)(6)(7), (9), (10), and (11), and (I), and Additionally, in response to a equipment costs. 45 CFR 2508.11, 2508.12, 2508.13, counterproposal (RM–9229), the (c) All copying fees shall be paid by 2508.14, 2508.15, 2508.16, and 2508.17, licensee issued to Morris the individual before the copying will insofar as the system contains Communications Corporation for be undertaken. Payments shall be made information pertaining to criminal law Station KMXS(FM), Anchorage, is by check or money order payable to the enforcement investigations. modified to specify operation on ‘‘Corporation for National and (2) Pursuant to, and limited by 5 Channel 276C1 at coordinates 61–08–13 Community Service,’’ and provided to U.S.C. 552a(k)(2), the system of records NL and 149–50–06 WL. (See the Privacy Act Officer processing the maintained by the Office of the Supplementary Information, infra.) request. Inspector General that contains the Also, Channel 231C2 is allotted to (d) A copying fee shall not be charged Investigative Files shall be exempted Sterling, Alaska, as that community’s or collected, or alternatively, it may be from 5 U.S.C. 552a (c)(3), (d), (e)(1), first local aural transmission service, in reduced, when it is determined by the (e)(4) (G), (H), and (I), and (f), and 45 response to a counterproposal filed on Privacy Act Officer, based on a petition, CFR 2508.11, 2508.12, 2508.13, 2508.14, behalf of Chester P. Coleman (RM– that the petitioning individual is 2508.15, 2508.16, and 2508.17, insofar 9230). Coordinates used for Channel indigent and that the Corporation’s as the system contains investigatory 265C2 at Wasilla, Alaska, are 61–38–05 resources permit a waiver of all or part materials compiled for law enforcement NL and 149–22–14 WL. Coordinates of the fee. An individual is deemed to purposes. used for Channel 231C2 at Sterling, Alaska, are 60–32–18 NL and 150–45– be indigent when he or she is without (b) Exemptions to the General Counsel 30 WL. With this action, the proceeding income or lacks the resources sufficient system of records. Pursuant to, and is terminated. to pay the fees. limited by 5 U.S.C. 552a(d)(5), the (e) Special and additional services system of records maintained by the DATES: Effective May 24, 1999. A filing provided at the request of the Office of the General Counsel that window for Channel 265C2 at Wasilla, individual, such as certification or contains the Legal Office Litigation/ Alaska, and for Channel 231C2 at authentication, postal insurance and Correspondence Files shall be exempted Sterling, Alaska, will not be opened at special mailing arrangement costs, will from the provisions of 5 U.S.C. this time. Instead, the issue of opening be charged to the individual. 552a(d)(5), and 45 CFR 2508.4, insofar a filing window for those channels will (f) A copying fee totaling $5.00 or less as the system contains information be addressed by the Commission in a shall be waived, but the copying fees for compiled in reasonable anticipation of a subsequent Order. contemporaneous requests by the same civil action or proceeding. FOR FURTHER INFORMATION CONTACT: individual shall be aggregated to Nancy Joyner, Mass Media Bureau, (202) determine the total fee. § 2508.20 What are the restrictions 418–2180. Questions related to the regarding the release of mailing lists? § 2508.18 What are the penalties for application filing process should be obtaining a record under false pretenses? An individual’s name and address addressed to the Audio Services The Privacy Act provides, in pertinent may not be sold or rented by the Division, (202) 418–2700. part that: Corporation unless such action is SUPPLEMENTARY INFORMATION: This is a (a) Any person who knowingly and specifically authorized by law. This synopsis of the Commission’s Report willfully requests to obtain any record section does not require the withholding and Order, MM Docket No. 97–227, concerning an individual from the of names and addresses otherwise adopted March 31, 1999, and released Corporation under false pretenses shall permitted to be made public. April 9, 1999. The full text of this be guilty of a misdemeanor and fined Dated: April 15, 1999. Commission decision is available for not more than $5,000 (5 U.S.C. inspection and copying during normal Thomas L. Bryant, 552a(I)(3)). business hours in the FCC’s Reference (b) A person who falsely or Acting General Counsel. Center (Room 239), 1919 M Street, NW., fraudulently attempts to obtain records [FR Doc. 99–9857 Filed 4–19–99; 8:45 am] Washington, DC. The complete text of under the Privacy Act also may be BILLING CODE 6050±28±P this decision may also be purchased

VerDate 23-MAR-99 15:21 Apr 19, 1999 Jkt 183247 PO 00000 Frm 00049 Fmt 4700 Sfmt 4700 E:\FR\FM\20APR1.XXX pfrm01 PsN: 20APR1 19300 Federal Register / Vol. 64, No. 75 / Tuesday, April 20, 1999 / Rules and Regulations from the Commission’s copy contractor, SUMMARY: We, the U.S. Fish and taxonomy. For example, Sierra Nevada International Transcription Service, Wildlife Service (Service), exercise our bighorn sheep appear to be more closely Inc., 1231 20th Street, NW., authority to emergency list the Sierra related to desert bighorn sheep than the Washington, DC 20036, (202) 857–3800. Nevada distinct population segment of O. c. californiana found in British We wish to clarify that although California bighorn sheep (Ovis Columbia (Ramey 1991, 1993). Channel 276C1 currently appears in the canadensis californiana), occupying the Regardless, the Sierra Nevada bighorn FM Table of Allotments at Anchorage, it Sierra Nevada of California, as sheep meets our criteria for was downgraded to Channel 276C2 on endangered under the Endangered consideration as a distinct vertebrate August 26, 1994, at the request of the Species Act of 1973, as amended (Act). population segment (as discussed former licensee of Station KMXS(FM) The Sierra Nevada bighorn sheep is below) and is treated as such in this (see File No. BPH–931229IA). An known from five disjunct emergency rule. editorial amendment to the Table of subpopulations along the eastern The historical range of the Sierra Allotments was never made to reflect escarpment of the Sierra Nevada totaling Nevada bighorn sheep (Ovis canadensis the change at Anchorage. Therefore, it is about 100 animals. californiana) includes the eastern slope not necessary to amend the Table of All five subpopulations are very small of the Sierra Nevada, and, for at least Allotments with respect to that and are imminently threatened by one subpopulation, a portion of the community. However, Morris mountain lion (Puma concolor) western slope, from Sonora Pass in Communications Corporation is predation and disease. Because these Mono County south to Walker Pass in expected to abide by the requirements of threats constitute an emergency posing Kern County, a total distance of about Section 1.1104(3)(1) of the a significant risk to the well-being of the 346 kilometers (km) (215 miles (mi)) Commission’s Rules when filing its Sierra Nevada bighorn sheep, we find (Jones 1950; Wehausen 1979, 1980). By application to implement the upgrade that emergency listing is necessary. This the turn of the century, about 10 out of for Station KMXS(FM) at Anchorage. emergency rule provides Federal 20 historical subpopulations survived. protection pursuant to the Act for this The number dropped to five List of Subjects in 47 CFR Part 73 species for a period of 240 days. A subpopulations at mid-century, and Radio broadcasting. proposed rule to list the Sierra Nevada down to two subpopulations in the Part 73 of Title 47 of the Code of bighorn sheep as endangered is 1970s, near Mount Baxter and Mount Federal Regulations is amended as published concurrently with this Williamson in Inyo County (Wehauser follows: emergency rule in this same issue of the 1979). Currently, five subpopulations of Federal Register in the proposed rule Sierra Nevada bighorn sheep occur at PART 73Ð[AMENDED] section. Lee Vining Canyon, Wheeler Crest, Mount Baxter, Mount Williamson, and DATES: This emergency rule becomes 1. The authority citation for part 73 Mount Langley in Mono and Inyo effective immediately upon publication reads as follows: counties, three of which are and expires December 16, 1999. Authority: 47 U.S.C. 154, 303, 334, 336. reintroduced subpopulations ADDRESSES: The complete file for this established from sheep obtained from § 73.202 [Amended] rule is available for inspection, by the Mount Baxter subpopulation from 2. Section 73.202(b), the Table of FM appointment, during normal business 1979 to 1986 (Wehausen et al. 1987). Allotments under Alaska, is amended hours at the U.S. Fish and Wildlife The Sierra Nevada bighorn sheep is by adding Sterling, Channel 231C2. Service, Ventura Fish and Wildlife similar in appearance to other desert 3. Section 73.202(b), the Table of FM Office, 2493 Portola Rd. Suite B, associated bighorn sheep. The species’ Allotments under Alaska, is amended Ventura, California 93003. pelage shows a great deal of color by adding Channel 265C2 at Wasilla. FOR FURTHER INFORMATION CONTACT: Carl variation, ranging from almost white to Benz, at the address listed above dark brown, with a white rump. Males Federal Communications Commission. (telephone 805/644–1766; facsimile and females have permanent horns; the John A. Karousos, 805/644–3958). horns are massive and coiled in males, Chief, Allocations Branch, Policy and Rules and are smaller and not coiled in Background Division, Mass Media Bureau. females (Jones 1950; Buechner 1960). As [FR Doc. 99–9766 Filed 4–19–99; 8:45 am] The bighorn sheep (Ovis canadensis) the animals age, their horns become BILLING CODE 6712±01±P is a large mammal (family Bovidae) rough and scarred with age, and will originally described by Shaw in 1804 vary in color from yellowish-brown to (Wilson and Reeder 1993). Several dark brown. In comparison to many DEPARTMENT OF THE INTERIOR subspecies of bighorn sheep have been other desert bighorn sheep, the horns of recognized on the basis of geography the Sierra Nevada bighorn sheep are Fish and Wildlife Service and differences in skull measurements generally more divergent as they coil (Cowan 1940; Buechner 1960). These out from the base (Wehausen 1983). 50 CFR Part 17 subspecies of bighorn sheep, as Adult male sheep stand up to a meter described in these early works, include (m) (3 feet (ft)) tall at the shoulder; RIN 1018±AF59 O. c. cremnobates (Peninsular bighorn males weigh up to 99 kilograms (kg) sheep), O. c. nelsoni (Nelson bighorn (220 pounds (lbs)) and females 63 kg Endangered and Threatened Wildlife sheep), O. c. mexicana (Mexican (140 lbs) (Buechner 1960). and Plants; Emergency Rule To List bighorn sheep), O. c. weemsi (Weems The current and historical habitat of the Sierra Nevada Distinct Population bighorn sheep), O. c. californiana the Sierra Nevada bighorn sheep is Segment of California Bighorn Sheep (California bighorn sheep), and O. c. almost entirely on public land managed as Endangered canadensis (Rocky Mountain bighorn by the U.S. Forest Service (USFS), AGENCY: Fish and Wildlife Service, sheep). However, recent genetic studies Bureau of Land Management (BLM), and Interior. question the validity of some of these National Park Service (NPS). The Sierra subspecies and suggest a need to re- Nevada is located along the eastern ACTION: Emergency rule. evaluate overall bighorn sheep boundary of California, and peaks vary

VerDate 23-MAR-99 15:21 Apr 19, 1999 Jkt 183247 PO 00000 Frm 00050 Fmt 4700 Sfmt 4700 E:\FR\FM\20APR1.XXX pfrm01 PsN: 20APR1 Federal Register / Vol. 64, No. 75 / Tuesday, April 20, 1999 / Rules and Regulations 19301 in elevation from 1825 to 2425 (m) outside the mating season, with males taxonomic distinction of the Sierra (6000 to 8000 ft) in the north, to over more than 2 years old living apart from Nevada bighorn sheep relative to other 4300 m (14,000 ft) in the south adjacent females and younger males for most of nearby regions. to Owens Valley, and then drop rapidly the year (Jones 1950; Cowan and Geist The biological evidence supports in elevation in the southern extreme end 1971; Wehausen 1980). Ewes generally recognition of Sierra Nevada bighorn of the range (Wehausen 1980). Most remain all their lives in the same band sheep as a distinct vertebrate population precipitation, in the form of snow, into which they were born (Cowan and segment for purposes of listing, as occurs from October through April Geist 1971). During the winter, Sierra defined in our February 7, 1996, Policy (Wehausen 1980). Nevada bighorn sheep concentrate in Regarding the Recognition of Distinct Sierra Nevada bighorn sheep inhabit those areas suitable for wintering, the alpine and subalpine zones during preferably Great Basin habitat Vertebrate Population Segments (61 FR the summer, using open slopes where (sagebrush steppe) at the very base of 4722). The definition of ‘‘species’’ in the land is rough, rocky, sparsely the eastern escarpment. Subpopulation section 3(16) of the Endangered Species vegetated and characterized by steep size can number more than 100 sheep, Act of 1973, as amended (Act) (16 slopes and canyons (Wehausen 1980: including rams (this was observed at a U.S.C. 1531 et seq.) includes ‘‘any Sierra Nevada Bighorn Sheep time when the population size was distinct population segment of any Interagency Advisory Group (Advisory larger than it is currently) (J. Wehausen, species of vertebrate fish or wildlife Group) 1997). Most of these sheep live pers. comm. 1999). By summer, these which interbreeds when mature.’’ For a between 3,050 and 4,270 m (10,000 and subpopulations decrease in size as more population to be listed under the Act as 14,000 ft) in elevation in summer (John habitat becomes available. Breeding a distinct vertebrate population Wehausen, University of California, takes place in the fall, generally in segment, three elements are White Mountain Research Station, pers. November (Cowan and Geist 1971). considered—(1) the discreteness of the comm. 1999). In winter, they occupy Single births are the norm for North population segment in relation to the high, windswept ridges, or migrate to American wild sheep, but twinning is remainder of the species to which it the lower elevation sagebrush-steppe known to occur (Wehausen 1980). belongs; (2) the significance of the habitat as low as 1,460 m (4,800 ft) to Gestation is about 6 months (Cowan and population segment to the species to escape deep winter snows and find Geist 1971). which it belongs; and (3) the population more nutritious forage. Bighorn sheep Lambing occurs between late April to segment’s conservation status in relation tend to exhibit a preference for south- early July, with most lambs born in May to the Act’s standards for listing (i.e., is facing slopes in the winter (Wehausen or June (Wehausen 1980, 1996). Ewes the population segment endangered or 1980). Lambing areas are on safe steep, with newborn lambs live solitarily for a threatened?) (61 FR 4722). rocky slopes. They prefer open terrain short period before joining nursery where they are better able to see groups that average about six sheep. The distinct population segment predators. For these reasons, they Ewes and lambs frequently occupy steep (DPS) of bighorn sheep in the Sierra usually avoid forests and thick brush if terrain that provides a diversity of Nevada is discrete in relation to the possible (J. Wehausen, pers. comm. slopes and exposures for escape cover. remainder of the species as a whole. 1999). Lambs are precocious, and within a day This DPS is geographically isolated and Bighorn sheep are primarily diurnal, or so, climb almost as well as the ewes. separate from other California bighorn and their daily activity show some Lambs are able to eat vegetation within sheep. There is no mixing of this predictable patterns that consists of 2 weeks of their birth and are weaned population with other bighorn sheep, feeding and resting periods (Jones 1950). between 1 and 7 months of age. By their and this is supported by evaluation of Bighorn sheep are primarily grazers, second spring, they are independent of the population’s genetic variability and however, they may browse woody their mothers. Female lambs stay with morphometric analysis of skull and vegetation when it is growing and very ewes indefinitely and may attain sexual horn variation (Ramey 1993, 1995; nutritious. They are opportunistic maturity during the second year of life. Wehausen and Ramey 1993, 1994; feeders selecting the most nutritious Male lambs, depending upon physical Wehausen and Ramey 1999 (in review)). diet from what is available. Plants condition, may also attain sexual Researchers suggest that all other consumed include varying mixtures of maturity during the second year of life populations of O. c. californiana be graminoids (grasses), browse (shoots, (Cowan and Geist 1971). Average reassigned to other subspecies, leaving twigs, and leaves of trees and shrubs), lifespan is 9 to 11 years in both sexes, O. c. californiana (i.e., the DPS that is and herbaceous plants depending on though some rams are known to have the subject of this rule) only in the season and location (Wehausen 1980). lived 12 to 14 years (Cowan and Geist central and southern Sierra Nevada In a study of the Mount Baxter and 1971; Wehausen 1980). (Ramey 1993, 1995; Wehausen and Mount Williamson subpopulations, Distinct Vertebrate Population Segment Ramey 1993, 1994; Wehausen and Wehausen (1980) found that grass, Ramey 1999 (in review)). mainly Stipa speciosa (perennial Recent analyses of bighorn sheep needlegrass), is the primary diet item in genetics and morphometrics (size and Sierra Nevada bighorn sheep DPS is winter. As spring green-up progresses, shape of body parts) suggest biologically and ecologically significant the bighorn sheep shift from grass to a reevaluation of the taxonomy of Sierra to the species to which it belongs in that more varied browse diet, which Nevada bighorn sheep (Ovis canadensis it constitutes the only population of includes Ephedra viridis (Mormon tea), californiana) is necessary (Ramey 1991, California bighorn sheep inhabiting the Eriogonum fasciculatum (California 1993,1995; Wehausen and Ramey 1993, Sierra Nevada. This DPS extends from buckwheat), and Purshia species 1998). A recent analysis of the Sonora Pass to Walker Pass, and spans (bitterbrush). taxonomy of bighorn sheep using approximately 346 km (215 mi) of Sierra Nevada bighorn sheep are morphometrics (e.g., size and shape of contiguous suitable habitat in the gregarious, with group size and skull components) failed to support the United States. The loss of Sierra Nevada composition varying with gender and current taxonomy (Wehausen and bighorn sheep would result in the total from season to season. Spatial Ramey 1993). However, this and other extirpation of bighorn sheep from the segregation of males and females occurs research (Ramey 1993) support Sierra Nevada in California.

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Status and Distribution and Mount Langley. The Sierra Nevada sheep was identified as a species of Historically, bighorn sheep bighorn sheep population reached a concern. populations occurred along and east of high of about 310 in 1985–86. The processing of this emergency rule the Sierra Nevada crest from Sonora Subsequently, population surveys have conforms with our listing priority Pass (Mono County) south to Walker documented a declining trend (J. guidance published in the Federal Register on May 8, 1998 (63 FR 25502). Pass (Olancha Peak) (Kern County) Wehausen, pers. comm. 1999). This guidance clarifies the order in (Jones 1950; Wehausen 1979). Sheep The following table best represents which we will process rulemakings apparently occurred wherever the total Sierra Nevada bighorn sheep giving highest priority (Tier 1) to appropriate rocky terrain and winter population over various time periods. processing emergency listings and range existed. With some exception, These totals represent the numbers of second highest priority (Tier 2) to most of the populations wintered on the sheep emerging from winter in each of resolving the listing status of east side of the Sierra Nevada and spent these years, and best document the outstanding proposed listings, resolving summers near the crest (Wehausen status of the population by the conservation status of candidate 1979). incorporating winter mortality, species, processing administrative Subpopulations of Sierra Nevada especially of lambs born the previous findings on petitions to add species to bighorn sheep probably began declining year. These totals are not absolute the lists or reclassify species from with the influx of gold miners to the values; numbers have been rounded to threatened to endangered status, and Sierra Nevada in the mid-1880s, and the nearest five (J. Wehausen, pers. delisting or reclassifying actions. The those losses have continued through the comm. 1999). The continuing decline of lowest priority actions, processing 1900s (Wehausen 1988). By the 1970s, the Sierra Nevada bighorn sheep has critical habitat designations, are in Tier only 2 subpopulations of Sierra Nevada been attributed to a combination of the 3. This emergency rule constitutes a bighorn sheep, those near Mount Baxter direct and indirect effects of predation Tier 1 action. and Mount Williamson in Inyo County, (Wehausen 1996). are known to have survived (Wehausen Summary of Factors Affecting the 1979). Specific causes for the declines TABLE 1. SIERRA NEVADA BIGHORN Species are unknown. Market hunting may have SHEEP POPULATION NUMBERS, BY After a thorough review and been a contributing factor as evidenced YEAR (J. WEHAUSEN, PERS. COMM. consideration of all information by menus from historic mining towns 1999) available, we have determined that the such as Bodie, which included bighorn Sierra Nevada bighorn sheep warrants sheep (Advisory Group 1997). However, Number Total classification as an endangered distinct with the introduction of domestic sheep Year of popu- sheep population segment. We followed in the 1860s and 1870s, wild sheep are lations procedures found at section 4 of the Act known to have died in large numbers in and regulations (50 CFR part 424) several areas from disease contracted 1978 ...... 2 250 1985 ...... 4 310 promulgated to implement the listing from domestic livestock (Jones 1950; 1995 ...... 5 100 provisions of the Act. We may Buechner 1960). Large numbers of 1996 ...... 5 110 determine a species to be endangered or domestic sheep were grazed seasonally 1997 ...... 5 130 threatened due to one or more of the in the Owens Valley and Sierra Nevada 1998 ...... 5 100 five factors described in section 4(a)(1). prior to the turn of the century These factors, and their application to (Wehausen 1988), and disease is Previous Federal Action the Sierra Nevada bighorn sheep believed to be the factor most distinct population segment (Ovis responsible for the disappearance of In our September 18, 1985, Notice of canadensis californiana), are as follows: bighorn sheep subpopulations in the Review, we designated the Sierra A. The present or threatened Sierra Nevada. Jones (1950) suggested Nevada bighorn sheep as a category 2 destruction, modification, or that scabies was responsible for a die-off candidate and solicited status curtailment of its habitat or range. in the 1870s on the Great Western information (50 FR 37958). Category 2 Habitat throughout the historic range of Divide. Experiments have confirmed candidates were those taxa for which we Sierra Nevada bighorn sheep remains that bacterial pneumonia (Pasteurella had information indicating that essentially intact; the habitat is neither species), carried normally by domestic proposing to list as endangered or fragmented nor degraded. However, by sheep, can be fatal to bighorn sheep threatened was possibly appropriate, 1900, about half of the Sierra Nevada (Foreyt and Jessup 1982). but for which sufficient data on bighorn sheep populations were lost, By 1979, only 220 sheep were known biological vulnerability and threats were most likely because of introduction of to exist in the Mount Baxter not currently available to support a diseases by domestic livestock, and subpopulation, and 30 in the Mount proposed rule. Category 1 taxa were illegal hunting (Advisory Group 1997). Williamson subpopulation (Wehausen those taxa for which we had sufficient Beginning in 1979, animals from the 1979). Conservation efforts by several information on file to support issuance Mount Baxter subpopulation were Federal and State agencies from 1970 to of proposed listing rules. In our January translocated to reestablish 1988 were aimed at expanding the 6, 1989 (54 FR 554), and November 21, subpopulations in Lee Vining Canyon, distribution of Sierra Nevada bighorn 1991 (56 FR 58804), Notices of Review, Wheeler Crest, and Mount Langley in sheep by translocating sheep back into we retained the Sierra Nevada bighorn Mono and Inyo counties (Advisory historical habitat. Sheep were obtained sheep in category 2. Beginning with our Group 1997). Currently, Sierra Nevada from the Mount Baxter subpopulation February 28, 1996, Notice of Review (61 bighorn sheep are limited to five and transplanted to three historic FR 235), we discontinued the subpopulations. Almost all of the locations. Consequently, Sierra Nevada designation of multiple categories of historical and current habitat is bighorn sheep now occur in five candidates, and we now consider only administered by either the USFS, BLM, subpopulations in Mono and Inyo taxa that meet the definition of former or NPS. Some small parcels of counties: Lee Vining Canyon, Wheeler category 1 as candidates for listing. At inholdings within the species’ range are Crest, Mount Baxter, Mount Williamson, this point, the Sierra Nevada bighorn owned by the Los Angeles Department

VerDate 23-MAR-99 15:21 Apr 19, 1999 Jkt 183247 PO 00000 Frm 00052 Fmt 4700 Sfmt 4700 E:\FR\FM\20APR1.XXX pfrm01 PsN: 20APR1 Federal Register / Vol. 64, No. 75 / Tuesday, April 20, 1999 / Rules and Regulations 19303 of Water and Power. Also, there are Die-offs from pneumonia contracted given the susceptibility of bighorn sheep some patented mining claims in bighorn from domestic sheep is another to introduced pathogens, disease will sheep habitat, but the total acreage is important cause of losses. In 1988, a continue to pose a significant and small. strain of pneumonia, apparently underlying threat to the survival of B. Overutilization for commercial, contracted from domestic sheep, wiped Sierra Nevada bighorn sheep until the recreational, scientific, or educational out a reintroduced herd of bighorn potential for contact with domestic purposes. During the period of the sheep in Modoc County. Native bighorn sheep is eliminated. California gold rush (starting about sheep cannot tolerate strains of Predators such as coyote (Canis 1849), hunting to supply food for respiratory bacteria, such as Pasteurella latrans), bobcat (Lynx rufus), mountain mining towns may have played a role in species, carried normally by domestic lion, gray fox (Urocyon the decline of the population sheep and close contact with domestic cinereoargenteus), golden eagle (Aquila (Wehausen 1988). Besides being sought animals results in transmission of chrysaetos), and free-roaming domestic as food, Sierra Nevada bighorn sheep disease and subsequent deaths of the dogs prey upon bighorn sheep (Jones were also killed by sheepmen who exposed animals (Foreyt and Jessup 1950; Cowan and Geist 1971). Predation considered wild sheep as competitors 1982). Bighorn sheep can also develop generally has an insignificant effect for forage with domestic sheep. The pneumonia independent of contact with except on small populations such as the decimation of several wildlife species in domestic sheep. Lungworms of the Sierra Nevada bighorn sheep. Coyotes the late 1800s prompted California to genus Protostrongylus are often an are the most abundant large predator pass legislation providing protection to important contributor to the pneumonia sympatric (occurring in the same area) deer, elk, pronghorn antelope, and disease process in some situations (J. with bighorn sheep populations (Bleich bighorn sheep (Jones 1950; Wehausen Wehausen, pers. comm. 1999). 1999) and are known to have killed 1979). Lungworms are carried by an young Sierra Nevada bighorn sheep Commercial and recreational hunting intermediate host snail, which is (Vernon Bleich, California Department of Sierra Nevada bighorn sheep is not ingested by a sheep as it is grazing. of Fish and Game, pers. comm. 1999). In permitted under State law. There is no Lungworm often exists in a population, the late 1980s, mountain lion predation evidence that other commercial, but usually doesn’t cause a problem. of Sierra Nevada bighorn sheep recreational, scientific, or educational However, if the sheep are stressed in increased throughout their range activities are currently a threat. some way, they may develop bacterial (Wehausen 1996). This trend has Poaching does not appear to be a pneumonia, which is complicated by continued into the 1990s, as evidenced problem at this time. lungworm infestation. Bacterial by Table 1. C. Disease or predation. Disease is pneumonia is usually a sign of Predation by mountain lion probably believed to have been the major weakness caused by some other agent was a natural occurrence and part of the contributing factor responsible for the such as a virus, parasite, poor nutrition, natural balance of this ecosystem. From precipitous decline of Sierra Nevada predation, human disturbance, or 1907 to 1963, the State provided a bighorn sheep starting in the late 1800s environmental or behavioral stress that bounty on mountain lions; the State also (Foreyt and Jessup 1982). lowers the animal’s resistance to disease hired professional lion hunters for many Bighorn sheep are host to a number of (Wehausen 1979; Foreyt and Jessup years. The bounty most likely kept the internal and external parasites, 1982). Bighorn sheep in the Sierra mountain lion population reduced such including ticks, lice, mites, tapeworms, Nevada carry Protostrongylus species that bighorn sheep predation was rare roundworms, and lungworms. Most of (lungworms), but the parasite loads have and insignificant. Between 1963 and the time, parasites are present in been low, and there has been no 1968, mountain lions were managed as relatively low numbers and have little evidence of any clinical signs of disease a nongame and nonprotected mammal, effect on individual sheep and or disease transmission (Wehausen and take was not regulated. From 1969 populations (Cowan and Geist 1971). 1979; Richard Perloff, Inyo National to 1972, lions were re-classified as game Cattle were first introduced into the Forest, pers. comm. 1999). animals. A moratorium on mountain Sierra Nevada in 1860s but were Currently, domestic sheep grazing lion hunting began in 1972 and lion replaced with domestic sheep that could allotments are permitted by the U.S. numbers likely increased. In 1986, the graze more extensively over the rugged Forest Service in areas adjacent to Sierra species was again classified as a game terrain (Wehausen et al. 1987; Nevada bighorn sheep subpopulations. animal, but the California Department of Wehausen 1988). Large numbers of Domestic sheep occasionally escape the Fish and Game (CDFG) hunting domestic sheep were grazed seasonally allotments and wander into bighorn recommendations were challenged in in the Sierra Nevada prior to the turn of sheep areas, sometimes coming into court in 1987 and 1988 (Torres et al. the century, and the domestic sheep direct contact with bighorn sheep 1996). In 1990, a State-wide ballot would use the same ranges as the wild (Advisory Group 1997). For example, in initiative (Proposition 117) passed into sheep, occasionally coming into direct 1995, 22 domestic sheep that were law prohibiting the killing of mountain contact with them. Both domestic sheep permitted on USFS land wandered away lions except if humans or their pets or and cattle can act as disease reservoirs. from the main band and were later livestock are threatened. Another ballot Scabies, most likely contracted from found in Yosemite National Park, after measure, Proposition 197, which would domestic sheep, caused a major decline crossing through occupied bighorn have modified current law regarding of bighorn sheep in California in the sheep habitat (Advisory Group 1997; mountain lion management failed to 1870s to the 1890s and caused Bonny Pritchard, Inyo National Forest, pass in 1996, largely because of the catastrophic die-offs in other parts of pers. comm. 1999; R. Perloff, pers. public’s concern that the change may their range (Buechner 1960). A die-off of comm. 1999). Other stray domestic allow mountain lion hunting (Torres et bighorn sheep in the 1870s on the Great sheep, in smaller numbers, have been al. 1996). With the removal of the ability Western Divide (Mineral King area of known to wander up the road in Lee to control the mountain lion population, Sequoia National Park) was attributed to Vining Canyon into bighorn sheep lion predation has become a significant scabies, presumably contracted from habitat (B. Pritchard, pers. comm. 1999). limiting factor for the Sierra Nevada domestic sheep (Jones 1950). Based on available information, and bighorn sheep.

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The increased presence of mountain native subpopulations of Sierra Nevada educational, or management purposes. lions appears to have changed Sierra bighorn sheep (Wehausen 1996; J. The California Endangered Species Act Nevada bighorn sheep winter habitat Wehausen, pers. comm. 1999). requires that State agencies consult with use patterns. Wehausen (1996) looked at The Sierra Nevada bighorn sheep the CDFG to ensure that actions carried mountain lion predation in two bighorn restoration program used the Mount out are not likely to jeopardize the sheep subpopulations, one in the Baxter subpopulation as the source of continued existence of listed species. Granite Mountains of the eastern Mojave reintroduction stock from 1979 to 1988. The California Fish and Game Code Desert, and the other was the Mount The three reintroduced subpopulations provides for management and Baxter subpopulation in the Sierra at Lee Vining Canyon, Wheeler maintenance of bighorn sheep. The Nevada. He found that the lions reduced Mountain, and Mount Langley all policy of the State is to encourage the the subpopulation in the Granite suffered from mountain lion predation preservation, restoration, and Mountains to eight ewes between 1989 shortly after translocation of sheep management of California’s bighorn and 1991, and held it at that level for (Wehausen 1996). The Lee Vining sheep. The CDFG supports the concept 3 years, after which lion predation Canyon subpopulation lost a number of of separating livestock from bighorn decreased and the bighorn sheep sheep to mountain lion predation, sheep, by creating buffers, to decrease subpopulation increased at 15 percent threatening the success of the the potential for disease transmission. per year for 3 years. All the mortality in reintroduction effort (Chow 1991, cited Such separation would require the that subpopulation was attributed to by Wehausen (1996)). The purchase and elimination of livestock mountain lion predation. The Mount subpopulation was supplemented with allotments. However, the State does not Baxter bighorn sheep subpopulation additional sheep and the State removed have authority to regulate grazing abandoned its winter ranges, one mountain lion each year for 3 years, practices on Federal lands. State listing presumably due to mountain lion which helped reverse the decline of this has not prompted the BLM or USFS to predation. Forty-nine sheep were killed subpopulation (Bleich et al. 1991 and effectively address disease transmission by lions on their winter range between Chow 1991, cited by Wehausen (1996)). associated with Federal livestock 1976 and 1988 out of an average Also, because domestic sheep are grazing programs. subpopulation size of 127 sheep. These preyed upon by mountain lions, Since the Sierra Nevada bighorn mortalities from mountain lion livestock operators who have a Federal sheep was listed by the State of predation represented 80 percent of all permit to graze their sheep on USFS California in 1971, the CDFG has mortality on the winter range, and 71 land can get a depredation permit from undertaken numerous efforts for the percent for all ranges used. There is also the State, and have the U.S. Department conservation of the sheep, including but evidence that many of the bighorn sheep of Agriculture, Wildlife Services, not limited to—(1) intensive field studies; (2) reestablishment of three killed were prime-aged animals (J. remove the mountain lion. The Lee additional subpopulations in historical Wehausen, pers. comm. 1999). Vining Canyon subpopulation occurs in the general area where domestic sheep habitat; (3) creation, in 1981, of the The bighorn sheep on Mount Baxter are permitted, and has benefitted for the Sierra Nevada Bighorn Sheep moved to higher elevations possibly to last 4 or 5 years from the removal of two Interagency Advisory Group, including evade lions. By avoiding the lower to three mountain lions per year that representatives from Federal, State, and terrain and higher quality forage present were preying on domestic sheep (B. local resource management agencies during the spring, sheep emerge from Pritchard, pers. comm. 1999). which has produced the Sierra Nevada the winter months in poorer condition. D. The inadequacy of existing Bighorn Sheep Recovery and Consequences from the change in regulatory mechanisms. In response to a Conservation Plan (1984) and a habitat use resulted in a decline in the very rapid decline in population Conservation Strategy for Sierra Nevada Mount Baxter subpopulation due to numbers, in 1876, the State legislature Bighorn Sheep (1997); and (4) culling decreased lamb survival, because lambs amended a 1872 law that provided four mountain lions that were taking were born later and died in higher seasonal protection for elk, deer and Sierra Nevada bighorn sheep, which elevations during the winter. This may pronghorn to include all bighorn sheep. played a significant role in the efforts to have also been the case with the Lee Two years later, this law was amended, reestablish one subpopulation (Chow Vining subpopulation decline, when the establishing a 4-year moratorium on the 1991, cited by Wehausen (1996)). bighorn sheep ran out of fat reserves at taking of any pronghorn, elk, mountain Mountain lion hunting has not a time when they should have been sheep or female deer. In 1882, this occurred in California since 1972 replenishing their reserves with highly moratorium was extended indefinitely (Torres et al. 1996). As a result of nutritious forage from low elevation for bighorn sheep (Wehausen et al. passage of Proposition 117 in 1990 winter ranges. Because of the winter 1987; Wehausen et al. 1988). In 1971, prohibiting the hunting or control of habitat shift by the bighorn sheep, the California listed the California bighorn mountain lions, the CDFG does not have Mount Baxter subpopulation has sheep as ‘‘rare.’’ The designation was the authority to remove mountain lions declined significantly. With the large changed to ‘‘threatened’’ in 1984 to to protect the Sierra Nevada bighorn decline of bighorn sheep on Mount standardize the terminology of the sheep and secure their survival. Baxter, the total population of Sierra amended California Endangered Species Federal agencies have adequate Nevada bighorn sheep has now dropped Act (Advisory Group 1997), and authority to manage the land and below what existed when the restoration upgraded the species to ‘‘endangered’’ activities under their administration to program began in 1979 (Wehausen 1996; in 1999 (San Francisco Chronicle 1999). benefit the welfare of the bighorn sheep. Advisory Group 1997). In a 1996 survey Pursuant to the California Fish and Steps are being taken to enhance habitat on Mount Williamson, there was no Game Code and the California through prescribed burning to improve evidence of groups of sheep, and this Endangered Species Act, it is unlawful forage and maintain open habitat, and to subpopulation was the last one found to import or export, take, possess, retire domestic sheep allotments that using its low-elevation winter range in purchase, or sell any species or part or run adjacent to bighorn sheep habitat. 1986. Mountain lion predation may product of any species listed as For example, 650 acres were burned in have led to the extirpation of this endangered or threatened. Permits may 1997 in Lee Vining Canyon to reduce subpopulation, one of the last two be authorized for certain scientific, mountain lion hiding cover, and there

VerDate 23-MAR-99 15:21 Apr 19, 1999 Jkt 183247 PO 00000 Frm 00054 Fmt 4700 Sfmt 4700 E:\FR\FM\20APR1.XXX pfrm01 PsN: 20APR1 Federal Register / Vol. 64, No. 75 / Tuesday, April 20, 1999 / Rules and Regulations 19305 are plans to do more burns in other inbreeding depression, and 500 to this 240-day period, we list the species areas on USFS land (R. Perloff, pers. maintain genetic variability for long- following the normal listing procedures. comm. 1999). However, in some cases, term adaptation (Franklin 1980). Small We discuss the reasons why emergency because of conflicting management populations are extremely susceptible to listing the Sierra Nevada bighorn sheep concerns, conservation efforts are not demographic and genetic problems as endangered is necessary below. In proceeding as quickly as necessary. (Caughley and Gunn 1996). Small accordance with the Act, if at any time Although efforts have been underway populations suffer higher extinction after we publish this emergency rule, we for many years, the USFS has been probabilities from chance events such as determine that substantial evidence unable to eliminate the known threat of skewed sex ratio of offspring, (e.g., does not exist to warrant such a rule, we contact between domestic sheep and the fewer females being born than males). will withdraw it. Sierra Nevada bighorn sheep by either For example, the Mount Langley eliminating adjacent grazing allotments, subpopulation has been declining. In Historically, the Sierra Nevada or modifying allotments such that a 1996–97, out of a subpopulation of 4 bighorn sheep ranged throughout sufficient buffer zone exists that would ewes and 10 rams, 5 lambs were born, central and southern Sierra Nevada. The prevent contact between wild and of which 4 were female. Although a historical habitat of the Sierra Nevada domestic sheep. positive event for this subpopulation, it bighorn sheep remains intact. However, In 1971, the State, in cooperation with could have been devastating if the the entire range of the species has been the USFS, established a sanctuary for female:male ratio of offspring had been reduced to five subpopulations—the the Mount Baxter and Mount reversed (J. Wehausen, pers. comm. Mount Williamson and Mount Baxter Williamson subpopulation of Sierra 1999). subpopulations, which are composed of Nevada bighorn sheep and called it the Small, isolated groups are also subject native sheep, and the Lee Vining California Bighorn Sheep Zoological to extirpation by naturally occurring Canyon, Wheeler Ridge, and Mount Area (Zoological Area) (Wehausen 1979; random environmental events, e.g., Langley subpopulations, which are Inyo National Forest Land Management prolonged or particularly heavy winters descended from sheep taken from the Plan (LMP) 1988). About 16,564 and avalanches. In 1995, for example, a Mount Baxter subpopulation and hectares (41,000 acres) of USFS land dozen sheep died in a single avalanche was set aside for these two at Wheeler Ridge (J. Wehauser, pers. translocated to historical habitat. These subpopulations. At the time, it was felt comm. 1999). Such threats are highly subpopulations have decreased in that the reason for the species’ decline significant because currently the numbers significantly in the last several was related to human disturbance. The subpopulations are small and it is also years (see Table 1). As discussed under sanctuary was designed to regulate common in bighorn sheep for all factors C, D, and E in the Summary of human use in some areas, and reduce members of one sex to occur in a single Factors Affecting the Species section domestic sheep/wild sheep interaction group. During the very heavy winters in above, the immediacy of threats to the by constructing a fence below the winter the late 1970s and early 1980s, there Sierra Nevada bighorn sheep is so great range of the Mount Baxter was no notable mortality in the to a significant proportion of the total subpopulation along the USFS subpopulations because they were using population that the routine regular boundary (Wehausen 1979). Adjacent low elevation winter ranges (J. listing process is not sufficient to summer range on NPS land was also Wehausen, pers. comm. 1999). prevent losses that may result in given a restrictive designation to reduce Competition for critical winter range extinction or loss of significant recovery human disturbance (Wehausen 1979). resources can occur between bighorn potential. An emergency posing a The Zoological Area continues to sheep and elk and/or deer (Cowan and significant risk to the well-being and receive special management by the Geist 1971). However, competition continued survival of the Sierra Nevada USFS; it encompasses land designated between these species does not appear bighorn sheep exists as the result of the as wilderness and mountain sheep significant since deer and bighorn sheep continual exposure to predation habitat (LMP 1988; R. Perloff, pers. readily mix on winter range, and the (primarily mountain lion), and the comm. 1999). habitat overlap between elk and bighorn effects of avoidance by bighorn sheep of E. Other natural or manmade factors sheep is slight (Wehausen 1979). affecting its continued existence. The In addition to disease, mountain lion areas in which they are particularly Sierra Nevada bighorn sheep population predation, and random natural events, vulnerable to predation by mountain is critically small with a total of only other factors may contribute to bighorn lions. The Sierra Nevada bighorn sheep about 100 sheep known from five sheep mortality. For example, two is also threatened by the potential subpopulations. There is no known subpopulations (Wheeler Ridge and Lee increase of contact with domestic sheep interaction between the separate Vining) have ranges adjacent to paved in the spring and summer and the subpopulations. The Sierra Nevada roadways exposing individuals from transmission of disease. The factors bighorn sheep currently is highly those subpopulations to potential creating an extreme situation are vulnerable to extinction from threats hazards. Bighorn sheep have been killed discussed in detail below. associated with small population size by vehicles in Lee Vining Canyon on Because Sierra Nevada bighorn sheep and random environmental events. several occasions (V. Bleich, pers. exist only as a series of very small Although inbreeding depression has comm. 1999). not been demonstrated in the Sierra subpopulations vulnerable to extinction, Nevada bighorn sheep, the number of Reason for Emergency Determination the survival of Sierra Nevada bighorn sheep occupying all areas is critically Under section 4(b)(7) of the Act and sheep now depends on the most rapid low. The minimum size at which an regulations at 50 CFR 424.20, we may possible increase in as many isolated group of this species can be emergency list a species if the threats to subpopulations as possible. These small expected to maintain itself without the the species constitute an emergency subpopulations are vulnerable to deleterious effects of inbreeding is not posing a significant risk to its well- extinction from chance demographic known. Researchers have suggested that being. Such an emergency listing events and the continual loss of genetic a minimum effective population size of expires 240 days following publication variation if they remain small. 50 is necessary to avoid short-term in the Federal Register unless, during

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Vulnerability to Demographic Problems into this deme quickly, this deme will Lastly, the potential for contact with experience a decline. domestic sheep and the transmission of Five subpopulations remain that Currently, there is a large lion disease could, by itself, eliminate an include a total of nine female demes occupying the winter range areas used entire deme. Domestic sheep continue (i.e., local populations) (Mount by members of the Mount Langley to stray into Sierra Nevada bighorn Langley—eight ewes, Mount deme. These ewes have been using that sheep habitat. Recently, domestic sheep Williamson—three ewes, Black winter range enough over the past three have come in close proximity to the Mountain—five ewes, Sand Mountain— winters to be showing a subpopulation resident bighorn sheep on numerous five ewes, Sawmill Canyon—two ewes, increase (recruitment of five lambs for occasions, but, by good fortune, Wheeler Ridge—17 ewes, Mount four ewes in the past 2 years). This lion domestic sheep have not come into Gibbs—two ewes, Tioga Crest—one ewe, could easily reverse that trend by killing contact with bighorn sheep during these Mount Warren—five ewes) (J. multiple members of this deme and events. Wehausen, pers. comm. 1999). These discouraging them from using this demes are defined by separate winter range. These ewes can be Vulnerability to demographic geographic home range patterns of the expected to begin appearing on this problems must be viewed as a females. Of these, the Mount winter range any day (J. Wehausen pers. combination of immediate threats of Williamson, Black Mountain, and Tioga comm. 1999). predation, changed habitat use due to Crest demes appear not to use low The Mount Warren deme that uses the presence of mountain lions, the elevation winter ranges at all, and they Lee Vining Canyon as a winter range resultant decline in ewe nutrition and will probably go extinct as a result (J. continues to decline. Besides the loss of lamb survivorship, exposure to Wehausen, pers. comm. 1999). The numerous ewes last winter or spring to environmental catastrophes, and the Black Mountain deme was previously unknown causes, one of two transmission of disease from domestic part of the Sand Mountain deme (part of telemetered (radio-collared) ewes was sheep. the Mount Baxter subpopulation) and lost to a lion on the winter range in became a separate deme after winter April, 1998. The collar of the other ewe Vulnerability to Genetic Problems range abandonment occurred in the late was recently dug out of a snow bank at 1980s. The five remaining ewes in this 3050 m (10,000 ft) in Deer Creek, but Also unknown is the current deme appear not to know of the Sand biologists will be unable to investigate distribution of genetic variation among Mountain winter range, which lies her cause of death until the summer of all of these subpopulations. It will be at considerably north of their home range. 1999 when the snow melts, allowing her least a year before fecal DNA research They were almost certainly all born after carcass to be found. She was last will shed some light on this question (J. winter range abandonment on Sand documented alive in late October 1998, Wehausen, pers comm. 1999). It is likely Mountain. This deme has shown a but was not with a group of 13 sheep that each subpopulation has lost some steady decline in size (J. Wehausen, pers seen in mid-December, thus she may genetic variability thereby reducing its comm. 1999). have died in November. This leaves ability for long-term adaptation. The only five ewes in this deme. If the lion There are six female demes that may ultimate goal of conserving this DPS that killed at least one ewe in April persist, but all are still very vulnerable must be to preserve as much of its 1998 returns this spring, it might to extinction due to small size. Of the genetic variation as possible. It is likely seriously compromise the future of this two ewes and lamb that spent February, that all or some of the existing demes deme (J. Wehausen, pers. comm. 1999). now contain some variation not 1998, at the mouth of Sawmill Canyon With the likely extinction of some of represented in others. Once some (another Mount Baxter subpopulation the existing demes, the remaining deme), only a ewe and a lamb remained demes become all the more important to measure of this distribution is known when last seen there in 1998. Shortly the persistence of this distinct through DNA analysis, a possible goal after they were last seen, evidence of a population segment. We do not know will be to attempt to distribute that mountain lion was found on the rocks which demes may survive and which variation among as many where they had been weathering a may die out. All population dynamics subpopulations as possible. Until some month of severe winter storms. When over the past 15 years have been measure of the distribution of genetic the normal summer range of this deme unanticipated (J. Wehausen, pers. variation exists, every deme should be of females was investigated twice last comm. 1999). In short, it is not possible considered a significant portion of the summer, it was difficult to find to predict population trajectories. overall population, just as they should evidence of any sheep remaining. This Individual mountain lions can do from a demographic perspective. deme may contain only a single enormous damage to any of these small Maintenance of genetic variability remaining ewe, or none (J. Wehausen, demes, as can catastrophic events such requires preservation of rams in pers. comm. 1999). as snow avalanches. The current larger addition to ewes. The Sand Mountain deme has had size of the Wheeler Ridge deme does not In summary, it is now necessary to only four ewes in it for almost this preclude it from experiencing a sudden consider that every individual is entire decade. During the summer of decline, as the Mount Warren deme currently a significant portion of the 1998, Dr. John Wehausen finally experienced last winter (J. Wehausen, documented a yearling female with pers. comm. 1999). overall population of Sierra Nevada them, thus the total of five ewes listed Every deme is critical to the survival bighorn sheep because of the small above. However, the four adult ewes of the DPS at this point. We do not number of sheep remaining and extreme must now be approaching the ends of know which ewes in each deme may vulnerability of every deme to their lives, making this deme also very prove to be the ones critical to extinction. Losses from predation and vulnerable to extinction, even if they persistence of those demes. Thus, every the potential for disease transmission have been showing some increased remaining female in every deme is through contact with domestic sheep are winter range use. Without successful critically important to the persistence of threats posing a significant risk to the births and recruitment of female lambs their demes. well-being of the DPS. For these

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We will protect Sierra reduction of the threat of mountain lion portion of its range and warrants Nevada bighorn sheep habitat through predation, particularly during the immediate protection under the Act. section 7 consultations to determine months of April and May 1999 when whether Federal actions are likely to bighorn sheep attempt to use low Critical Habitat jeopardize the continued existence of elevation winter ranges to obtain Critical habitat is defined in section 3 the species, through the recovery necessary nutrition after lambing, and of the Act as—(i) the specific area process, through enforcement of take ewes and lambs are most vulnerable to within the geographical area occupied prohibitions under section 9 of the Act, lion predation. Emergency listing will by a species, at the time it is listed in and through the section 10 process for allow the Service to remove mountain accordance with the Act, on which are activities on non-Federal lands with no lions that threaten Sierra Nevada found those biological features (I) Federal nexus. bighorn sheep. Removal of mountain essential to the conservation of the lions may not necessarily involve lethal Available Conservation Measures species and (II) that may require special techniques. management considerations or Conservation measures provided to We believe that protection of the protection; and (ii) specific areas species listed as endangered or Sierra Nevada bighorn sheep also outside the geographical area occupied threatened under the Act include requires reduction of the threat of by a species at the time it is listed, upon recognition, recovery actions, disease transmission from domestic a determination that such areas are requirements for Federal protection, and sheep by preventing domestic sheep essential for the conservation of the prohibitions against certain activities. from coming into contact with bighorn species. ‘‘Conservation’’ means the use Recognition through listing encourages sheep. We will work with the USFS to of all methods and procedures needed and results in conservation actions by reduce the threat of disease to bring the species to the point at Federal, State, and private agencies, transmission by domestic sheep. which listing under the Act is no longer groups and individuals. The Act Reduction of this threat may involve necessary. provides for possible land acquisition elimination of grazing allotments Section 4(a)(3) of the Act, and and cooperation with the States and adjacent to bighorn sheep habitat, or implementing regulations (50 CFR modifying allotments to create a 424.12) require that, to the maximum requires that recovery actions be carried sufficient buffer zone that would extent prudent and determinable, the out for all listed species. We discuss the prevent contact between domestic sheep Secretary designate critical habitat at the protection required of Federal agencies time the species is determined to be and the prohibitions against taking and and bighorn sheep. endangered or threatened. Our harm, in part, below. The Act and implementing regulations (50 CFR 424.12(a)) state that Section 7(a) of the Act, as amended, regulations found at 50 CFR 17.21 set critical habitat is not determinable if requires Federal agencies to evaluate forth a series of general prohibitions and information sufficient to perform their actions with respect to any species exceptions that apply to all endangered required analysis of impacts of the that is proposed or listed as endangered wildlife. The prohibitions, as codified at designation is lacking or if the biological or threatened, and with respect to its 50 CFR 17.21, in part, make it illegal for needs of the species are not sufficiently critical habitat, if any is being any person subject to the jurisdiction of well known to permit identification of designated. Regulations implementing the United States to take (including an area as critical habitat. Section this interagency cooperation provision harass, harm, pursue, hunt, shoot, 4(b)(2) of the Act requires us to consider of the Act are codified at 50 CFR Part wound, kill, trap, capture, collect, or economic and other relevant impacts of 402. Section 7(a)(4) of the Act requires attempt any such conduct), import or designating a particular area as critical Federal agencies to confer informally export, transport in interstate or foreign habitat on the basis of the best scientific with us on any action that is likely to commerce in the course of commercial data available. The Secretary may jeopardize the continued existence of a activity, or sell or offer for sale in exclude any area from critical habitat if proposed species or result in interstate or foreign commerce any he determines that the benefits of such destruction or adverse modification of listed species. It is also illegal to exclusion outweigh the conservation proposed critical habitat. If a species is possess, sell, deliver, carry, transport, or benefits, unless to do such would result subsequently listed, section 7(a)(2) ship any such wildlife that has been in the extinction of the species. requires Federal agencies to ensure that taken illegally. Certain exceptions apply We find that designation of critical activities they authorize, fund, or carry to our agents and State conservation habitat for the Sierra Nevada bighorn out are not likely to jeopardize the agencies. sheep is not determinable at this time. continued existence of such a species or Permits may be issued to carry out We have determined that information to destroy or adversely modify its otherwise prohibited activities sufficient to perform required analysis critical habitat. If a Federal agency involving endangered wildlife species of impacts of the designation is lacking. action may affect a listed species or its under certain circumstances. We specifically solicit this information critical habitat, the responsible Federal Regulations governing permits are at 50 in the proposed rule (see ‘‘Public agency must enter into consultation CFR 17.22 and 17.23. For endangered Comments Solicited’’ section) published with us. Federal agency actions that species, such permits are available for in this same issue of the Federal may require conference and/or scientific purposes, to enhance the Register. When a ‘‘not determinable’’ consultation include those within the propagation or survival of the species, finding is made, we must, within 2 jurisdiction of the USFS, BLM, and or for incidental take in connection with years of the publication date of the NPS. otherwise lawful activities.

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It is our policy, published in the Questions regarding any specific References Cited Federal Register on July 1, 1994 (59 FR activities should be directed to our 34272), to identify to the maximum Ventura Fish and Wildlife Office (see A complete list of references cited in extent practical at the time a species is ADDRESSES section). Requests for copies this rule is available upon request from listed those activities that would or of the regulations regarding listed the Ventura Fish and Wildlife Office of would not constitute a violation of wildlife and about prohibitions and the U.S. Fish and Wildlife Service (see section 9 of the Act. The intent of this permits may be addressed to the U.S. ADDRESSES section). policy is to increase public awareness of Fish and Wildlife Service, Ecological Author the effect of a listing on proposed and Services, Endangered Species Permits, ongoing activities within a species’ 911 Northeast 11th Avenue, Portland, The primary author of this emergency range. Activities that we believe could Oregon 97232–4181 (telephone 503/ rule is Carl Benz of the Ventura Fish potentially result in take include, but 231–2063; facsimile 503/231–6243). and Wildlife Office of the U.S. Fish and are not limited to: Wildlife Service (see ADDRESSES (1) Unauthorized trapping, capturing, National Environmental Policy Act section). handling or collecting of Sierra Nevada We have determined that List of Subjects in 50 CFR Part 17 bighorn sheep. Research activities Environmental Assessments and involving trapping or capturing Sierra Environmental Impact Statements, as Endangered and threatened species, Nevada bighorn sheep will require a defined in the National Environmental Exports, Imports, Reporting and permit under section 10(a)(1)(A) of the Policy Act of 1969, need not be recordkeeping requirements, Act. prepared in connection with regulations Transportation. (2) Unauthorized livestock grazing adopted pursuant to section 4(a) of the that results in transmission of disease or Regulation Promulgation Endangered Species Act of 1973, as habitat destruction by the accidental or amended. We published a notice Accordingly, part 17, subchapter B of intentional escape of livestock. outlining our reasons for this chapter I, title 50 of the Code of Federal Activities that we believe are unlikely determination in the Federal Register Regulations, is amended as set forth to result in a violation of section 9 are: below: (1) Possession, delivery, or movement, on October 25, 1983 (48 FR 49244). including interstate transport and Paperwork Reduction Act PART 17Ð[AMENDED] import into or export from the United States, involving no commercial This rule does not contain any new 1. The authority citation for part 17 activity, of dead specimens of Sierra collections of information other than continues to read as follows: Nevada bighorn sheep that were those already approved under the Authority: 16 U.S.C. 1361–1407; 16 U.S.C. Paperwork Reduction Act, 44 U.S.C. collected prior to the date of publication 1531–1544; 16 U.S.C. 4201–4245; Pub. L. 99– of this emergency listing rule in the 3501 et seq., and assigned Office of 625, 100 Stat. 3500, unless otherwise noted. Federal Register; Management and Budget clearance (2) Unintentional vehicle collisions number 1018–0094. An agency may not 2. In § 17.11(h) add the following to resulting in death or injury to Sierra conduct or sponsor, and a person is not the List of Endangered and Threatened Nevada bighorn sheep, when complying required to respond to, a collection of Wildlife in alphabetical order under with applicable laws and regulations; information unless it displays a MAMMALS: and currently valid control number. For (3) Normal, authorized recreational additional information concerning § 17.11 Endangered and threatened wildlife. activities in designated campsites or permit and associated requirements for recreational use areas and on authorized endangered species, see 50 CFR 17.21 * * * * * trails. and 17.22. (h) * * *

SPECIES Vertebrate popu- Historic range lation where endan- Status When listed Critical habi- Special Common name Scientific name gered or threatened tat rules

MAMMALS

******* Sheep, Sierra Ne- Obis canadensis U.S.A. (western U.S.A. (CA-Sierra E 660 NA NA vada bighorn. californiana. conterminous Nevada). states), Canada (southwest), Mex- ico (north).

*******

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Dated: April 14, 1999. Jamie Rappaport Clark, Director, Fish and Wildlife Service. [FR Doc. 99–9935 Filed 4–19–99; 8:45 am] BILLING CODE 4310±55±P

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Proposed Rules Federal Register Vol. 64, No. 75

Tuesday, April 20, 1999

This section of the FEDERAL REGISTER Branch, Air Traffic Division, at the Availability of NPRM’s contains notices to the public of the proposed address shown above and on the issuance of rules and regulations. The An electronic copy of this document Internet at Alaskan Region’s homepage may be downloaded, using a modem purpose of these notices is to give interested at http://www.alaska.faa.gov/at or at persons an opportunity to participate in the and suitable communications software, rule making prior to the adoption of the final address http://162.58.28.41/at. from the FAA regulations section of the rules. FOR FURTHER INFORMATION CONTACT: Fedworld electronic bulletin board Robert van Haastert, Operations Branch, service (telephone: 703–321–3339) or AAL–538, Federal Aviation the Federal Register’s electronic DEPARTMENT OF TRANSPORTATION Administration, 222 West 7th Avenue, bulletin board service (telephone: 202– 512–1661). Federal Aviation Administration Box 14, Anchorage, AK 99513–7587; telephone number (907) 271–5863; fax: Internet users may reach the Federal 14 CFR Part 71 (907) 271–2850; email: Register’s web page for access to [email protected]. Internet recently published rulemaking [Airspace Docket No. 99±AAL±6] address: http://www.alaska.faa.gov/at or documents at http:// www.access.gpo.gov/suldocs/aces/ at address http://162.58.28.41/at. Proposed Revision of Class D aces140.html. Airspace; Lake Hood, Elmendorf AFB, SUPPLEMENTARY INFORMATION: Any person may obtain a copy of this and Merrill Field, AK; Proposed Notice of Proposed Rulemaking (NPRM) Revision of Class E Airspace; Comments Invited by submitting a request to the Elmendorf AFB and Merrill Field, AK Interested parties are invited to Operations Branch, AAL–530, Federal AGENCY: Federal Aviation participate in this proposed rulemaking Aviation Administration, 222 West 7th Administration (FAA), DOT. by submitting such written data, views, Avenue, Box 14, Anchorage, AK 99513– 7587. Communications must identify ACTION: Notice of proposed rulemaking. or arguments as they may desire. Comments that provide the factual basis the notice number of this NPRM. SUMMARY: This action would revise the supporting the views and suggestions Persons interested in being placed on a Class D airspace at Lake Hood, presented are particularly helpful in mailing list for future NPRM’s should Elmendorf Air Force Base (AFB), and developing reasoned regulatory also request a copy of Advisory Circular Merrill Field, AK, as well as the Class decisions on the proposal. Comments No. 11–2A which describes the E airspace (designated as surface areas) are specifically invited on the overall application procedure. at Elmendorf AFB and Merrill Field, regulatory, aeronautical, economic, Background AK. The revision of the Anchorage, environmental, and energy-related On October 1, 1997, the FAA Alaska, Terminal Airspace Area aspects of the proposal. published a Notice of Proposed segment boundaries affecting Lake Communications should identify the Rulemaking (NPRM) in the Federal Hood, Elmendorf AFB, and Merrill airspace docket number and be Register (62 FR 190) to revise the Field, AK, has made this action submitted in triplicate to the address Anchorage, Alaska, Terminal Area necessary. Adoption of this proposal listed above. Commenters wishing the (Docket No. 29029, Notice No. 97–14). would result in the alignment of Class FAA to acknowledge receipt of their In this rulemaking, the boundaries for D airspace to coincide with the revised comments on this notice must submit the Merrill, Lake Hood, and Elmendorf Anchorage Terminal Airspace segment with those comments a self-addressed, AFB segments were revised. On March boundaries, eliminating chart clutter stamped postcard on which the 29, 1999, the FAA published the final and confusion between segment, Class D following statement is made: rule in the Federal Register (62 FR boundaries, and Class E boundaries. The ‘‘Comments to Airspace Docket No. 99– 14971) for the Anchorage, Alaska, adoption of this proposal would also AAL–6.’’ The postcard will be date/time Terminal Area, revising boundaries and align the Elmendorf AFB and Merrill stamped and returned to the descriptions for each segment and listed Field, AK, Class E airspace areas commenter. All communications the effective date as June 17, 1999. The (designated as surface areas) with the received on or before the specified Anchorage, Alaska, Terminal Area Class D boundaries. closing date for comments will be revisions and a graphic can be viewed DATES: Comments must be received on considered before taking action on the at Alaskan Region’s Internet homepage or before June 4, 1999. proposed rule. The proposal contained site located at Uniform Resource Locator ADDRESSES: Send comments on the in this notice may be changed in light (URL) http://www.alaska.faa.gov/at. proposal in triplicate to: Manager, of comments received. All comments Operations Branch, AAL–530, Docket submitted will be available for The Proposal No. 99–AAL–6, Federal Aviation examination in the Operations Branch, The FAA proposes to amend 14 CFR Administration, 222 West 7th Avenue, Air Traffic Division, Federal Aviation part 71 by revising the Class D airspace Box 14, Anchorage, AK 99513–7587. Administration, 222 West 7th Avenue, at Lake Hood, Elmendorf AFB, and The official docket may be examined Box 14, Anchorage, AK, both before and Merrill Field, AK, due to the revision of in the Office of the Regional Counsel for after the closing date for comments. A the Anchorage, Alaska, Terminal the Alaskan Region at the same address. report summarizing each substantive Airspace Area. The segment boundaries An informal docket may also be public contact with FAA personnel descriptions for Elmendorf AFB, Lake examined during normal business hours concerned with this rulemaking will be Hood, and Merrill, AK, have been in the Office of the Manager, Operations filed in the docket. revised in the Anchorage, Alaska,

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Terminal Airspace update. Currently, PART 71Ð DESIGNATION OF CLASS thence south along the New Seward Highway the segment boundaries, the Class D A, CLASS B, CLASS C, CLASS D, AND to the 090° bearing from the Anchorage Air airspace boundaries, and the Class E CLASS E AIRSPACE AREAS; Traffic Control Tower, thence west direct to airspace (designated as surface area) AIRWAYS; ROUTES; AND REPORTING the Anchorage Air Traffic Control Tower, thence north along the 350° bearing from the boundaries do not coincide, which POINTS Anchorage Air Traffic Control Tower to the clutters the aeronautical charts and north bank of Knik Arm, thence via the north could cause confusion delineating 1. The authority citation for 14 CFR part 71 continues to read as follows: bank of Knik Arm to the point of beginning; between the segment, Class D, and Class excluding that airspace within the Anchorage E airspace boundaries. The intended Authority: 49 U.S.C. 106(g), 40103, 40113, International Airport, AK, Class C airspace. effect of this proposal is to align the 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– * * * * * Class D airspace boundaries at Lake 1963 Comp., p. 389. Hood, Elmendorf AFB, and Merrill AAL AK D Anchorage, Merrill Field, AK [Revised] Field, AK, to match the revised § 71.1 [Amended] 2. The incorporation by reference in Anchorage, Merrill Field, AK Anchorage, Alaska, Terminal Area ° ′ ′′ ° ′ ′′ segment boundaries and align the Class 14 CFR 71.1 of Federal Aviation (Lat. 61 12 52 N., long. 149 50 46 W.) Administration Order 7400.9F, Airspace Point Noname E airspace areas at Elmendorf AFB and (Lat. 61° 15′ 38′′ N., long. 149° 55′ 38′′ W.) Merrill Field, AK, to match the Class D Designations and Reporting Points, dated September 10, 1998, and effective Point MacKenzie boundaries. (Lat. 61° 14′ 14′′ N., long. 149° 59′ 12′′ W.) The area would be depicted on September 16, 1998, is to be amended Ship Creek aeronautical charts for pilot reference. as follows: (Lat. 61° 13′ 32′′ N., long. 149° 5′ 44′′ W.) The coordinates for this airspace docket Paragraph 5000 Class D Airspace That airspace extending upward from the are based on North American Datum 83. * * * * * surface to and including 2,500 feet MSL The Class D airspace areas are published within a line beginning at Point Noname, in paragraph 5000 and the Class E AAL AK D Anchorage, Elmendorf AFB thence direct to the mouth of Ship Creek, Airport, AK [Revised] airspace designated as surface areas are thence direct to the intersection of the Glenn Anchorage, Elmendorf AFB Airport, AK Highway and Muldoon Road, thence south published in paragraph 6002 in FAA ° ′ ′′ ° ′ ′′ along Muldoon Road to Tudor Road, thence Order 7400.9F, Airspace Designations (Lat. 61 15 11 N., long. 149 47 38 W.) Point Noname west along Tudor Road to the New Seward and Reporting Points, dated September (Lat. 61° 15′ 38′′ N., long. 149° 55′ 38′′ W.) Highway, thence direct to West Anchorage 10, 1998, and effective September 16, Ship Creek High School, thence direct to Point 1998, which is incorporated by (Lat. 61° 13′ 32′′ N., long. 149° 58′ 44′′ W.) MacKenzie, thence via the north bank of reference in 14 CFR 71.1 (1 (63 FR That airspace extending upward from the Knik Arm to the point of beginning; 50139; September 21, 1998). The Class surface to and including 3,000 feet MSL excluding that airspace within the Anchorage D and Class E airspace designations within a line beginning at Point Noname; International Airport, AK, Class C airspace. listed in this document would be thence via the north bank of the Knik Arm This Class D airspace area is effective during to the intersection of the 4.7-mile radius of the specific dates and times established in revised and published subsequently in advance by a Notice to Airmen. The effective the Order. Elmendorf AFB Airport; thence clockwise along the 4.7-mile arc of Elmendorf AFB to date and time will thereafter be continuously The FAA has determined that these long. 149° 46′ 44′′ W., thence south along published in the Airport/Facility Directory. proposed regulations only involve an long. 149° 46′ 44′′ W. to lat. 61° 19′ 10′′ N., * * * * * established body of technical thence to lat. 61° 17′ 58′′ N. long. 149° 44′ regulations for which frequent and 08′′ W., thence to lat. 61° 17′ 30′′ N. long. Paragraph 6002 Class E airspace designated routine amendments are necessary to 149° 43′ 08′′ W., thence south along long. as surface areas keep them operationally current. It, 149° 43° 08′′ W. to the Glenn Highway, * * * * * thence south and west along the Glenn therefore—(1) is not a ‘‘significant AAL AK E2 Anchorage, Elmendorf AFB regulatory action’’ under Executive Highway to Muldoon Road, thence direct to the mouth of Ship Creek, thence direct to the Airport, AK [Revised] Order 12866; (2) is not a ‘‘significant point of beginning; excluding that airspace Anchorage, Elmendorf AFB Airport, AK rule’’ under DOT Regulatory Policies within the Anchorage International Airport, (Lat. 61° 15′ 11′′ N., long. 149° 47′ 38′′ W.) and Procedures (44 FR 11034; February AK, Class C airspace. This Class D airspace Point Noname 26, 1979); and (3) does not warrant area is effective during the specific dates and (Lat. 61° 15′ 38′′ N., long. 149° 55′ 38′′ W.) preparation of a regulatory evaluation as times established in advance by a Notice to Ship Creek the anticipated impact is so minimal. Airmen. The effective date and time will (Lat. 61° 13′ 32′′ N., long. 149° 58′ 44′′ W.) Since this is a routine matter that will thereafter be continuously published in the That airspace extending upward from the only affect air traffic procedures and air Airport/Facility Directory. surface to and including 3,000 feet MSL navigation, it is certified that this rule, * * * * * within a line beginning at Point Noname; when promulgated, will not have a thence via the north bank of the Knik Arm AAL AK D Anchorage, Lake Hood, AK to the intersection of the 4.7-mile radius of significant economic impact on a [Revised] Elmendorf AFB Airport; thence clockwise substantial number of small entities Anchorage, Lake Hood, AK along the 4.7-mile arc of Elmendorf AFB to under the criteria of the Regulatory (Lat. 61° 10′ 48′′ N., long. 149° 58′ 19′′ W.) long. 149° 46′ 44′′ W., thence south along Flexibility Act. Anchorage Air Traffic Control Tower long. 149° 46′ 44′′ W. to lat. 61° 19′ 10′′ N., (Lat. 61° 10′ 36′′ N., long. 149° 58′ 59′′ W.) thence to lat. 61° 17′ 58′′ N. long. 149° 44′ List of Subjects in 14 CFR Part 71 Point MacKenzie 08′′ W., thence to lat. 61° 17′ 30′′ N. long. ° ′ ′′ ° ′ ′′ Airspace, Incorporation by reference, (Lat. 61 14 14 N., long. 149 59 12 W.) 149° 43′ 08′′ W., thence south along long. ° ′ ′′ Navigation (air). West Anchorage High School 149 43 08 W. to the Glenn Highway, (Lat. 61° 12′ 13′′ N., long. 149° 55′ 22′′ W.) thence south and west along the Glenn The Proposed Amendment That airspace extending upward from the Highway to Muldoon Road, thence direct to surface to and including 2,500 feet MSL the mouth of Ship Creek, thence direct to the In consideration of the foregoing, the within a line beginning at Point Mackenzie, point of beginning; excluding that airspace Federal Aviation Administration thence direct to West Anchorage High within the Anchorage International Airport, proposes to amend 14 CFR part 71 as School, thence direct to the intersection of AK, Class C airspace. This Class E airspace follows: Tudor Road and the New Seward Highway, area is effective during the specific dates and

VerDate 23-MAR-99 09:28 Apr 19, 1999 Jkt 183247 PO 00000 Frm 00002 Fmt 4702 Sfmt 4702 E:\FR\FM\A20AP2.002 pfrm01 PsN: 20APP1 19312 Federal Register / Vol. 64, No. 75 / Tuesday, April 20, 1999 / Proposed Rules times established in advance by a Notice to Operations Branch, AAL–530, Docket public contact with FAA personnel Airmen. The effective date and time will No. 99–AAL–2, Federal Aviation concerned with this rulemaking will be thereafter be continuously published in the Administration, 222 West 7th Avenue, filed in the docket. Airport/Facility Directory. Box 14, Anchorage, AK 99513–7587. Availability of NPRM’s * * * * * The official docket may be examined AAL AK E2 Anchorage, Merrill Field, AK in the Office of the Regional Counsel for An electronic copy of this document [Revised] the Alaskan Region at the same address. may be downloaded, using a modem and suitable communications software, Anchorage, Merrill Field, AK An informal docket may also be (Lat. 61° 12′ 52′′ N., long. 149° 50′ 46′′ W.) examined during normal business hours from the FAA regulations section of the Point Noname in the Office of the Manager, Operations Fedworld electronic bulletin board (Lat. 61° 15′ 38′′ N., long. 149° 55′ 38′′ W.) Branch, Air Traffic Division, at the service (telephone: 703–321–3339) or Point MacKenzie address shown above and on the the Federal Register’s electronic (Lat. 61° 14′ 14′′ N., long. 149° 59′ 12′′ W.) Internet at Alaskan Region’s homepage bulletin board service (telephone: 202– Ship Creek at http://www.alaska.faa.gov/at or at 512–1661). (Lat. 61° 13′ 32′′ N., long. 149° 58′ 44′′ W.) address http://162.58.28.41/at. Internet users may reach the Federal That airspace extending upward from the Register’s web page for access to FOR FURTHER INFORMATION CONTACT: surface to and including 2,500 feet MSL recently published rulemaking Robert van Haastert, Operations Branch, within a line beginning at Point Noname, documents at http:// AAL–538, Federal Aviation thence direct to the mouth of Ship Creek, www.access.gpo.gov/suldocs/aces/ thence direct to the intersection of the Glenn Administration, 222 West 7th Avenue, Highway and Muldoon Road, thence south aces140.html. Box 14, Anchorage, AK 99513–7587; Any person may obtain a copy of this along Muldoon Road to Tudor Road, thence telephone number (907) 271–5863; fax: west along Tudor Road to the New Seward Notice of Proposed Rulemaking (NPRM) (907) 271–2850; email: by submitting a request to the Highway, thence direct to West Anchorage [email protected]. High School, thence direct to Point Operations Branch, AAL–530, Federal MacKenzie, thence via the north bank of Internet address: http:// Aviation Administration, 222 West 7th Knik Arm to the point of beginning; www.alaska.faa.gov/at or at address Avenue, Box 14, Anchorage, AK 99513– excluding that airspace within the Anchorage http://162.58.28.41/at. 7587. Communications must identify International Airport, AK, Class C airspace. SUPPLEMENTARY INFORMATION: the notice number of this NPRM. This Class E airspace area is effective during the specific dates and times established in Comments Invited Persons interested in being placed on a mailing list for future NPRM’s should advance by a Notice to Airmen. The effective Interested parties are invited to date and time will thereafter be continuously also request a copy of Advisory Circular published in the Airport/Facility Directory. participate in this proposed rulemaking No. 11–2A, which describes the by submitting such written data, views, Issued in Anchorage, AK, on April 9, 1999. application procedure. or arguments as they may desire. Willis C. Nelson, Comments that provide the factual basis The Proposal Manager, Air Traffic Division, Alaskan supporting the views and suggestions The FAA proposes to amend 14 CFR Region. presented are particularly helpful in part 71 by revising the Class E airspace [FR Doc. 99–9781 Filed 4–19–99; 8:45 am] developing reasoned regulatory at Yakutat, AK, through the BILLING CODE 4910±13±P decisions on the proposal. Comments establishment of three very high are specifically invited on the overall frequency (VHF) omni-directional radio regulatory, aeronautical, economic, DEPARTMENT OF TRANSPORTATION range (VOR) instrument approaches to environmental, and energy-related RWY 02, RWY 11, and RWY 29. The Federal Aviation Administration aspects of the proposal. area would be depicted on aeronautical Communications should identify the charts for pilot reference. The intended 14 CFR Part 71 airspace docket number and be effect of this proposal is to provide submitted in triplicate to the address adequate controlled airspace for IFR [Airspace Docket No. 99±AAL±2] listed above. Commenters wishing the operations at Yakutat, AK. Proposed Revision of Class E FAA to acknowledge receipt of their The area would be depicted on Airspace; Yakutat, AK comments on this notice must submit aeronautical charts for pilot reference. with those comments a self-addressed, The coordinates for this airspace docket AGENCY: Federal Aviation stamped postcard on which the are based on North American Datum 83. Administration (FAA), DOT. following statement is made: The Class E airspace areas designated as ACTION: Notice of proposed rulemaking. ‘‘Comments to Airspace Docket No. 99– airport surface areas are published in AAL–2.’’ The postcard will be date/time paragraph 6002 and the Class E airspace SUMMARY: This action proposes to revise stamped and returned to the areas designated as 700/1200 foot Class E airspace at Yakutat, AK. The commenter. All communications transition areas are published in establishment of three Standard received on or before the specified paragraph 6005 of FAA Order 7400.9F, Instrument Approach Procedures (SIAP) closing date for comments will be Airspace Designations and Reporting to runway (RWY) 02, RWY 11, and RWY considered before taking action on the Points, dated September 10, 1998, and 29 at Yakutat, AK, have made this proposed rule. The proposal contained effective September 16, 1998, which is action necessary. Adoption of this in this notice may be changed in light incorporated by reference in 14 CFR proposal would result in the provision of comments received. All comments 71.1 (63 FR 50139; September 21, 1998). of adequate controlled airspace for submitted will be available for The Class E airspace designations listed Instrument Flight Rules (IFR) operations examination in the Operations Branch, in this document would be revised and at Yakutat, AK. Air Traffic Division, Federal Aviation published subsequently in the Order. DATES: Comments must be received on Administration, 222 West 7th Avenue, The FAA has determined that these or before June 4, 1999. Box 14, Anchorage, AK, both before and proposed regulations only involve an ADDRESSES: Send comments on the after the closing date for comments. A established body of technical proposal in triplicate to: Manager, report summarizing each substantive regulations for which frequent and

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It, feet above the surface within the area address shown above and on the bounded by 59° 47′ 42′′ N 139° 58′ 48′′ W to therefore—(1) is not a ‘‘significant ° ′ ′′ ° ′ ′′ Internet at Alaskan Region’s homepage regulatory action’’ under Executive 59 37 33 N 139 40 53 W then along the at http://www.alaska.faa.gov/at or at 7-mile radius of the Yakutat VORTAC Order 12866; (2) is not a ‘‘significant clockwise to 59° 28′ 54′′ N 139° 25′ 35′′ W address http://162.58.28.41/at. rule’’ under DOT Regulatory Policies to 59° 20′ 16′′ N 139° 10′ 20′′ W to 59° 02′ FOR FURTHER INFORMATION CONTACT: and Procedures (44 FR 11034; February 49′′ N 139° 47′ 45′′ W to 59° 30′ 15′′ N 140° Robert van Haastert, Operations Branch, 26, 1979); and (3) does not warrant 36′ 43′′ W to the point of beginning; and that AAL–538, Federal Aviation preparation of a regulatory evaluation as airspace extending upward from 1,200 feet Administration, 222 West 7th Avenue, the anticipated impact is so minimal. above the surface within the area bounded by ° ′ ′′ ° ′ ′′ Box 14, Anchorage, AK 99513–7587; Since this is a routine matter that will 59 53 20 N 139 58 13 W to Yakutat telephone number (907) 271–5863; fax: VORTAC 118° radial 23 DME then along the only affect air traffic procedures and air ° (907) 271–2850; email: navigation, it is certified that this rule, Yakutat VORTAC 118 radial to 41 DME then clockwise along the 41 mile radius of the [email protected]. Internet when promulgated, will not have a Yakutat VORTAC to the Yakutat VORTAC address: http://www.alaska.faa.gov/at or significant economic impact on a 298° radial then east along the 298° radial to at address http://162.58.28.41/at. ° substantial number of small entities the Yakutat VORTAC 298 radial 25 DME to SUPPLEMENTARY INFORMATION: under the criteria of the Regulatory the point of beginning, and within 5.6 miles Flexibility Act. each side of the Yakutat VORTAC 118° radial Comments Invited to 65 miles east of the VORTAC excluding Interested parties are invited to List of Subjects in 14 CFR Part 71 Control 1487L and the Gulf of Alaska Low participate in this proposed rulemaking Airspace, Incorporation by reference, Class E airspace areas. by submitting such written data, views, Navigation (air). * * * * * or arguments as they may desire. Issued in Anchorage, AK, on April 9, 1999. The Proposed Amendment Comments that provide the factual basis Willis C. Nelson, supporting the views and suggestions In consideration of the foregoing, the Manager, Air Traffic Division, Alaskan Federal Aviation Administration presented are particularly helpful in Region. developing reasoned regulatory proposes to amend 14 CFR part 71 as [FR Doc. 99–9782 Filed 4–19–99; 8:45 am] follows: decisions on the proposal. Comments BILLING CODE 4910±13±P are specifically invited on the overall PART 71ÐDESIGNATION OF CLASS A, regulatory, aeronautical, economic, CLASS B, CLASS C, CLASS D, AND environmental, and energy-related DEPARTMENT OF TRANSPORTATION CLASS E AIRSPACE AREAS; aspects of the proposal. AIRWAYS; ROUTES; AND REPORTING Federal Aviation Administration Communications should identify the POINTS airspace docket number and be 14 CFR Part 71 submitted in triplicate to the address 1. The authority citation for 14 CFR listed above. Commenters wishing the part 71 continues to read as follows: [Airspace Docket No. 99±AAL±3] FAA to acknowledge receipt of their Authority: 49 U.S.C. 106(g), 40103, 40113, comments on this notice must submit 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– Proposed Revision of Class E Airspace; Atqasuk, AK with those comments a self-addressed, 1963 Comp., p. 389. stamped postcard on which the § 71.1 [Amended] AGENCY: Federal Aviation following statement is made: 2. The incorporation by reference in Administration (FAA), DOT. ‘‘Comments to Airspace Docket No. 99– 14 CFR 71.1 of Federal Aviation ACTION: Notice of proposed rulemaking. AAL–3.’’ The postcard will be date/time Administration Order 7400.9F, Airspace stamped and returned to the SUMMARY: This action proposes to revise commenter. All communications Designations and Reporting Points, Class E airspace at Atqasuk, AK. The dated September 10, 1998, and effective received on or before the specified establishment of two Standard closing date for comments will be September 16, 1998, is to be amended Instrument Approach Procedures (SIAP) as follows: considered before taking action on the to runway (RWY) 06 and RWY 24 at proposed rule. The proposal contained Paragraph 6002 Class E airspace areas Atqasuk, AK, have made this action in this notice may be changed in light designated as a surface area for an airport. necessary. Adoption of this proposal of comments received. All comments * * * * * would result in the provision of submitted will be available for adequate controlled airspace for AAL AK E2 Yakutat, AK [Revised] examination in the Operations Branch, Instrument Flight Rules (IFR) operations Air Traffic Division, Federal Aviation That airspace extending upward from the at Atqasuk, AK. surface within the area bounded by 59° 41′ Administration, 222 West 7th Avenue, 01′′ N. 139° 46′ 55′′ W. to 59° 31′ 00′′ N. 139° DATES: Comments must be received on Box 14, Anchorage, AK, both before and 29′ 21′′ W. to 59° 24′ 35′′ N. 139° 27′ 13′′ W. or before June 4, 1999. after the closing date for comments. A to 59° 20′ 14′′ N. 139° 36′ 38′′ W. to 59° 34′ ADDRESSES: Send comments on the report summarizing each substantive 20′′ N. 140° 01′ 32′′ W. to the point of proposal in triplicate to: Manager, public contact with FAA personnel beginning. Operations Branch, AAL–530, Docket concerned with this rulemaking will be * * * * * No. 99–AAL–3, Federal Aviation filed in the docket. Administration, 222 West 7th Avenue, Paragraph 6005 Class E airspace areas Availability of NPRM’s extending upward from 700 feet or more Box 14, Anchorage, AK 99513–7587. above the surface of the earth. The official docket may be examined An electronic copy of this document may be downloaded, using a modem * * * * * in the Office of the Regional Counsel for the Alaskan Region at the same address. and suitable communications software, AAL AK E5 Yakutat, AK [Revised] An informal docket may also be from the FAA regulations section of the Yakutat VORTAC examined during normal business hours Fedworld electronic bulletin board (Lat. 59° 30′ 39′′ N., long. 139° 38′ 53′′ W.) in the Office of the Manager, Operations service (telephone: 703–321–3339) or

VerDate 23-MAR-99 09:28 Apr 19, 1999 Jkt 183247 PO 00000 Frm 00004 Fmt 4702 Sfmt 4702 E:\FR\FM\A20AP2.005 pfrm01 PsN: 20APP1 19314 Federal Register / Vol. 64, No. 75 / Tuesday, April 20, 1999 / Proposed Rules the Federal Register’s electronic only affect air traffic procedures and air ACTION: Notice of proposed rulemaking. bulletin board service (telephone: 202– navigation, it is certified that this rule, 512–1661). when promulgated, will not have a SUMMARY: This action would revise the Internet users may reach the Federal significant economic impact on a Class E airspace at Adak, AK. The Register’s web page for access to substantial number of small entities upcoming decommission of the military recently published rulemaking under the criteria of the Regulatory Nondirectional Beacon (NDB) and documents at http:// Flexibility Act. commission of the new NDB/Distance www.access.gpo.gov/suldocs/aces/ Measuring Equipment (DME), along aces140.html. List of Subjects in 14 CFR Part 71 with the establishment of Global Any person may obtain a copy of this Airspace, Incorporation by reference, Positioning System (GPS) and NDB/ Notice of Proposed Rulemaking (NPRM) Navigation (air). DME instrument approaches at Adak, by submitting a request to the AK, have made this action necessary. Operations Branch, AAL–530, Federal The Proposed Amendment Additionally, the Class E airspace Aviation Administration, 222 West 7th In consideration of the foregoing, the descriptions at Adak, AK, have been Avenue, Box 14, Anchorage, AK 99513– Federal Aviation Administration consolidated into one description. 7587. Communications must identify proposes to amend 14 CFR part 71 as Adoption of this proposal would result the notice number of this NPRM. follows: in an update of the airspace descriptions Persons interested in being placed on a and provide adequate controlled mailing list for future NPRM’s should PART 71Ð DESIGNATION OF CLASS airspace for Instrument Flight Rules also request a copy of Advisory Circular A, CLASS B, CLASS C, CLASS D, AND (IFR) operations at Adak, AK. CLASS E AIRSPACE AREAS; No. 11–2A, which describes the DATES: Comments must be received on AIRWAYS; ROUTES; AND REPORTING application procedure. or before June 4, 1999. POINTS The Proposal ADDRESSES: Send comments on the 1. The authority citation for 14 CFR The FAA proposes to amend 14 CFR proposal in triplicate to: Manager, part 71 continues to read as follows: part 71 by revising the Class E airspace Operations Branch, AAL–530, Docket at Atqasuk, AK, through the Authority: 49 U.S.C. 106(g), 40103, 40113, No. 98–AAL–9, Federal Aviation establishment of two very high 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– Administration, 222 West 7th Avenue, frequency (VHF) omni-directional radio 1963 Comp., p. 389. Box 14, Anchorage, AK 99513–7587. The official docket may be examined range (VOR) instrument approaches to § 71.1 [Amended] RWY 06 and RWY 24. The area would in the Office of the Regional Counsel for 2. The incorporation by reference in the Alaskan Region at the same address. be depicted on aeronautical charts for 14 CFR 71.1 of Federal Aviation pilot reference. The intended effect of An informal docket may also be Administration Order 7400.9F, Airspace examined during normal business hours this proposal is to provide adequate Designations and Reporting Points, controlled airspace for IFR operations at in the Office of the Manager, Operations dated September 10, 1998, and effective Branch, Air Traffic Division, at the Atqasuk, AK. September 16, 1998, is to be amended The area would be depicted on address shown above and on the as follows: aeronautical charts for pilot reference. Internet at Alaskan Region’s homepage The coordinates for this airspace docket Paragraph 6005 Class E airspace areas at http://www.alaska.faa.gov/at or at are based on North American Datum 83. extending upward from 700 feet or more address http://162.58.28.41/at. The Class E airspace areas designated as above the surface of the earth. FOR FURTHER INFORMATION CONTACT: airport surface areas are published in * * * * * Robert van Haastert, Operations Branch, AAL–538, Federal Aviation paragraph 6002 and the Class E airspace AAL AK E5 Atqasuk, AK [Revised] areas designated as 700/1200 foot Administration, 222 West 7th Avenue, Atqasuk Airport Box 14, Anchorage, AK 99513–7587; transition areas are published in (Lat. 70° 28′ 02′′ N., long. 157° 26′ 09′′ W.) paragraph 6005 of FAA Order 7400.9F, telephone number (907) 271–5863; fax: That airspace extending upward from 700 Airspace Designations and Reporting (907) 271–2850; email: feet above the surface within a 7 mile radius [email protected]. Internet Points, dated September 10, 1998, and of the Atqasuk Airport. effective September 16, 1998, which is address: http://www.alaska.faa.gov/at or * * * * * at address http://162.58.28.41/at. incorporated by reference in 14 CFR Issued in Anchorage, AK, on April 9, 1999. 71.1 (63 FR 50139; September 21, 1998). SUPPLEMENTARY INFORMATION: Willis C. Nelson, The Class E airspace designations listed History in this document would be revised and Manager, Air Traffic Division, Alaskan Region. published subsequently in the Order. The Naval Air Facility (NAF) Adak The FAA has determined that these [FR Doc. 99–9778 Filed 4–19–99; 8:45 am] ceased active military airfield proposed regulations only involve an BILLING CODE 4910±13±P operations on March 31, 1997. The established body of technical military tower closed and the airfield regulations for which frequent and converted to an uncontrolled airport. routine amendments are necessary to DEPARTMENT OF TRANSPORTATION Consequently, the airspace around keep them operationally current. It, Federal Aviation Administration Adak, AK, has been modified to reflect therefore—(1) is not a ‘‘significant remaining navigational aids and new regulatory action’’ under Executive 14 CFR Part 71 requirements. The Adak military NDB Order 12866; (2) is not a ‘‘significant and military Tactical Air Navigational rule’’ under DOT Regulatory Policies [Airspace Docket No. 98±AAL±9] Aid (TACAN) will be decommissioned. and Procedures (44 FR 11034; February Proposed Revision of Class E A new FAA NDB/DME (Mount Moffett 26, 1979); and (3) does not warrant Airspace; Adak, AK NDB/DME) will be commissioned. Two preparation of a regulatory evaluation as new instrument approach procedures, the anticipated impact is so minimal. AGENCY: Federal Aviation NDB/DME and GPS, have been Since this is a routine matter that will Administration (FAA), DOT. developed for runway (RWY) 23. These

VerDate 23-MAR-99 09:28 Apr 19, 1999 Jkt 183247 PO 00000 Frm 00005 Fmt 4702 Sfmt 4702 E:\FR\FM\A20AP2.013 pfrm01 PsN: 20APP1 Federal Register / Vol. 64, No. 75 / Tuesday, April 20, 1999 / Proposed Rules 19315 actions have been coordinated with the also request a copy of Advisory Circular and Procedures (44 FR 11034; February U.S. Navy and the Adak Reuse No. 11–2A which describes the 26, 1979); and (3) does not warrant Corporation. The Adak Reuse application procedure. preparation of a regulatory evaluation as Corporation has been established under Internet users may reach the Federal the anticipated impact is so minimal. federal and State of Alaska oversight to Register’s web page for access to Since this is a routine matter that will plan and implement the reuse of former recently published rulemaking only affect air traffic procedures and air NAF Adak. The Adak Reuse documents at http:// navigation, it is certified that this rule, Corporation has been designated the www.access.gpo.gov/suldocs/aces/ when promulgated, will not have a Local Reuse Authority under Base aces 140.html. significant economic impact on a Realignment and Closure Act (BRAC) An electronic copy of this document substantial number of small entities law to be the responsible party to plan may be downloaded, using a modem under the criteria of the Regulatory airport operations until a new city is and suitable communications software, Flexibility Act. approved on the island. from the FAA regulations section of the Fedworld electronic bulletin board List of Subjects in 14 CFR Part 71 Comments Invited service (telephone: 703–321–3339) or Airspace, Incorporation by reference, Interested parties are invited to the Federal Register’s electronic Navigation (air). participate in this proposed rulemaking bulleting board service (telephone: 202– by submitting such written data, views, 512–1661). The Proposed Amendment or arguments as they may desire. In consideration of the foregoing, the The Proposal Comments that provide the factual basis Federal Aviation Administration supporting the views and suggestions The FAA proposes to amend 14 CFR proposes to amend 14 CFR part 71 as presented are particularly helpful in part 71 by revising the Class E airspace follows: developing reasoned regulatory at Adak, AK, due to the establishment decisions on the proposal. Comments of GPS and NDB/DME instrument PART 71Ð DESIGNATION OF CLASS are specifically invited on the overall approach procedures to RWY 23 at A, CLASS B, CLASS C, CLASS D, AND regulatory, aeronautical, economic, Adak, AK. Additionally, the Class E CLASS E AIRSPACE AREAS; environmental, and energy-related airspace descriptions will be AIRWAYS; ROUTES; AND REPORTING aspects of the proposal. consolidated into one description. The POINTS intended effect of this proposal is to Communications should identify the 1. The authority citation for 14 CFR provide adequate controlled airspace for airspace docket number and be part 71 continues to read as follows: submitted in triplicate to the address IFR operations and revise the airspace listed above. Commenters wishing the descriptions at Adak, AK. Authority: 49 U.S.C. 106(g), 40103, 40113, FAA to acknowledge receipt of their The area would be depicted on 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– 1963 Comp., p. 389. comments on this notice must submit aeronautical charts for pilot reference. with those comments a self-addressed, The coordinates for this airspace docket § 71.1 [Amended] stamped postcard on which the are based on North American Datum 83. 2. The incorporation by reference in following statement is made: The Class E airspace areas designated as 14 CFR 71.1 of Federal Aviation ‘‘Comments to Airspace Docket No. 98– a surface area for an airport are Administration Order 7400.9F, Airspace AAL–9.’’ The postcard will be date/time published in paragraph 6002 in FAA Designations and Reporting Points, stamped and returned to the Order 7400.9F, Airspace Designations dated September 10, 1998, and effective commenter. All communications and Reporting Points, dated September September 16, 1998, is to be amended received on or before the specified 10, 1998, and effective September 16, as follows: closing date for comments will be 1998, which is incorporated by considered before taking action on the reference in 14 CFR 71.1 (63 FR 50139; Paragraph 6002 Class E airspace areas proposed rule. The proposal contained September 21, 1998). The Class E designated as surface areas for an airport in this notice may be changed in light airspace areas designated as an * * * * * of comments received. All comments extension to a Class D or Class E surface AAL AK E2 Adak, AK [Revoked] area are published in FAA Order submitted will be available for * * * * * examination in the Operations Branch, 7400.9F, paragraph 6004, and paragraph Air Traffic Division, Federal Aviation 6005 lists the Class E airspace areas Paragraph 6004 Class E airspace areas Administration, 222 West 7th Avenue, designated as an 700/1200 foot designated as an extension to a Class D or Box 14, Anchorage, AK, both before and transition area. The Class E airspace Class E surface area. after the closing date for comments. A listed in this document as a surface area * * * * * report summarizing each substantive or extension to a surface area will be AAL AK E4 Adak, AK [Revoked] revoked and subsequently removed in public contact with FAA personnel * * * * * concerned with this rulemaking will be the Order. The Class E airspace filed in the docket. designations listed in this document as Paragraph 6005 Class E airspace extending 700/1200 foot transition areas will be upward from 700 feet or more above the Availability of NPRM’s revised and published in the Order. surface of the earth. Any person may obtain a copy of this The FAA has determined that these * * * * * Notice of Proposed Rulemaking (NPRM) proposed regulations only involve an AAL AK E5 Adak, AK [Revised] by submitting a request to the established body of technical Adak Airport, AK Operations Branch, AAL–530, Federal regulations for which frequent and (Lat. 51° 52′ 41′′ N., long. 176° 38′ 45′′ W.) Aviation Administration, 222 West 7th routine amendments are necessary to Mount Moffett NDB Avenue, Box 14, Anchorage, AK 99513– keep them operationally current. It, (Lat. 51° 52′ 19′′ N., long. 176° 40′ 34′′ W.) 7587. Communications must identify therefore—(1) is not a ‘‘significant That airspace extending upward from 700 the notice number of this NPRM. regulatory action’’ under Executive feet above the surface within a 7-mile radius Persons interested in being placed on a Order 12866; (2) is not a ‘‘significant of Adak Airport and within 5.2 miles mailing list for future NPRM’s should rule’’ under DOT Regulatory Policies northwest and 4.2 miles southeast of the 061°

VerDate 23-MAR-99 09:28 Apr 19, 1999 Jkt 183247 PO 00000 Frm 00006 Fmt 4702 Sfmt 4702 E:\FR\FM\A20AP2.011 pfrm01 PsN: 20APP1 19316 Federal Register / Vol. 64, No. 75 / Tuesday, April 20, 1999 / Proposed Rules bearing of the Mount Moffett NDB extending telephone number (907) 271–5898; fax: www.access.gpo.gov/suldocs/aces/ from the 7-mile radius to 11.5 miles northeast (907) 271–2850; email: aces 140.html. of the Adak Airport; and that airspace [email protected]. Internet address: An electronic copy of this document extending upward from 1,200 feet above the http://www.alaska.faa.gov/at or at may be downloaded, using a modem surface within 11-mile radius of the Adak address http://162.58.28.41/at. Airport, and within 16 miles of the Adak and suitable communications software, Airport extending clockwise from the 033° SUPPLEMENTARY INFORMATION: from the FAA regulations section of the ° Fedworld electronic bulletin board bearing to the 081 bearing of the Mount Comments Invited Moffett NDB. service (telephone: 703–321–3339) or * * * * * Interested parties are invited to the Federal Register’s electronic participate in this proposed rulemaking bulleting board service (telephone: 202– Issued in Anchorage, AK, on April 9, 1999. by submitting such written data, views, 512–1661). Willis C. Nelson, or arguments as they may desire. Manager, Air Traffic Division, Alaskan Comments that provide the factual basis The Proposal Region. supporting the views and suggestions The FAA proposes to amend 14 CFR [FR Doc. 99–9777 Filed 4–19–99; 8:45 am] presented are particularly helpful in part 71 by establishing Class E airspace BILLING CODE 4910±13±P developing reasoned regulatory at Palmer, AK, due the to establishment decisions on the proposal. Comments of a GPS instrument approach are specifically invited on the overall procedure at Palmer, AK. The Palmer DEPARTMENT OF TRANSPORTATION regulatory, aeronautical, economic, Airport status will be upgraded from environmental, and energy-related Federal Aviation Administration VFR to IFR. The intended effect of this aspects of the proposal. proposal is to provide adequate Communications should identify the 14 CFR Part 71 controlled airspace for IFR operations at airspace docket number and be Palmer, AK. [Airspace Docket No. 99±AAL±5] submitted in triplicate to the address The area would be depicted on listed above. Commenters wishing the Proposed Establishment of Class E aeronautical charts for pilot reference. FAA to acknowledge receipt of their The coordinates for this airspace docket Airspace; Palmer, AK comments on this notice must submit are based on North American Datum 83. with those comments a self-addressed, AGENCY: Federal Aviation The Class E airspace areas designated as stamped postcard on which the Administration (FAA), DOT. 700/1200 foot transition areas are following statement is made: ACTION: published in paragraph 6005 in FAA Notice of proposed rulemaking. ‘‘Comments to Airspace Docket No. 99– Order 7400.9F, Airspace Designations AAL–5.’’ The postcard will be date/time SUMMARY: This action proposes to and Reporting Points, dated September stamped and returned to the establish Class E airspace at Palmer, AK. 10, 1998, and effective September 16, commenter. All communications The establishment of Global Positioning 1998, which is incorporated by received on or before the specified System (GPS) instrument approach at reference in 14 CFR 71.1 (63 FR 50139; the Palmer Municipal Airport has made closing date for comments will be considered before taking action on the September 21, 1998). The Class E this action necessary. The Palmer airspace listed in this document would Municipal Airport status will change proposed rule. The proposal contained in this notice may be changed in light be published in the Order. from Visual Flight Rules (VFR) to The FAA has determined that these Instrument Flight Rules (IFR). Adoption of comments received. All comments submitted will be available for proposed regulations only involve an of this proposal would result of established body of technical adequate controlled airspace for examination in the Operations Branch, Air Traffic Division, Federal Aviation regulations for which frequent and Instrument Flight Rules (IFR) operations routine amendments are necessary to at Palmer, AK. Administration, 222 West 7th Avenue, Box 14, Anchorage, AK, both before and keep them operationally current. It, DATES: Comments must be received on after the closing date for comments. A therefore—(1) is not a ‘‘significant or before June 4, 1999. report summarizing each substantive regulatory action’’ under Executive ADDRESSES: Send comments on the public contact with FAA personnel Order 12866; (2) is not a ‘‘significant proposal in triplicate to: Manager, concerned with this rulemaking will be rule’’ under DOT Regulatory Policies Operations Branch, AAL–530, Docket filed in the docket. and Procedures (44 FR 11034; February No. 99–AAL–5, Federal Aviation 26, 1979); and (3) does not warrant Administration, 222 West 7th Avenue, Availability of NPRM’s preparation of a regulatory evaluation as Box 14, Anchorage, AK 99513–7587. Any person may obtain a copy of this the anticipated impact is so minimal. The official docket may be examined Notice of Proposed Rulemaking (NPRM) Since this is a routine matter that will in the Office of the Regional Counsel for by submitting a request to the only affect air traffic procedures and air the Alaskan Region at the same address. Operations Branch, AAL–530, Federal navigation, it is certified that this rule, An informal docket may also be Aviation Administration, 222 West 7th when promulgated, will not have a examined during normal business hours Avenue, Box 14, Anchorage, AK 99513– significant economic impact on a in the Office of the Manager, Operations 7587. Communications must identify substantial number of small entities Branch, Air Traffic Division, at the the notice number of this NPRM. under the criteria of the Regulatory address shown above and on the Persons interested in being placed on a Flexibility Act. Internet at Alaskan Region’s homepage mailing list for future NPRM’s should List of Subjects in 14 CFR Part 71 at http://www.alaska.faa.gov/at or at also request a copy of Advisory Circular address http://162.58.28.41/at. No. 11–2A which describes the Airspace, Incorporation by reference, FOR FURTHER INFORMATION CONTACT: application procedure. Navigation (air). Robert Durand, Operations Branch, Internet users may reach the Federal The Proposed Amendment AAL–531, Federal Aviation Register’s web page for access to Administration, 222 West 7th Avenue, recently published rulemaking In consideration of the foregoing, the Box 14, Anchorage, AK 99513–7587; documents at http:// Federal Aviation Administration

VerDate 23-MAR-99 09:28 Apr 19, 1999 Jkt 183247 PO 00000 Frm 00007 Fmt 4702 Sfmt 4702 E:\FR\FM\A20AP2.012 pfrm01 PsN: 20APP1 Federal Register / Vol. 64, No. 75 / Tuesday, April 20, 1999 / Proposed Rules 19317 proposes to amend 14 CFR part 71 as In addition, the Class E airspace for received. All comments submitted will follows: Decorah, IA, has been enlarged to be available for examination in the conform to the criteria for 700 feet AGL Rules Docket both before and after the PART 71Ð DESIGNATION OF CLASS airspace required for diverse departures closing date for comments. A report A, CLASS B, CLASS C, CLASS D, AND as specified in FAA Order 7400.2D. summarizing each substantive public CLASS E AIRSPACE AREAS; The intended effect of this rule is to contact with FAA personnel concerned AIRWAYS; ROUTES; AND REPORTING provide additional controlled airspace with this rulemaking will be filed in the POINTS for aircraft operating under Instrument docket. Flight Rules (IFR) and comply with the 1. The authority citation for 14 CFR Availability of NPRMs criteria of FAA Order 7400.2D. part 71 continues to read as follows: DATES: Comments must be received on Any person may obtain a copy of this Authority: 49 U.S.C. 106(g), 40103, 40113, or before May 17, 1999. Notice of Proposed Rulemaking (NPRM) 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– by submitting a request to the Federal ADDRESSES: Send comments on the 1963 Comp., p. 389. Aviation Administration, Office of proposal in triplicate to: Manager, Public Affairs, Attention: Public Inquiry § 71.1 [Amended] Airspace Branch, ACE–520, Federal Center, APA–230, 800 Independence Aviation Administration, Docket No. 2. The incorporation by reference in Avenue, SW, Washington, DC 20591, or 99–ACE–19, 601 East 12th Street, 14 CFR 71.1 of Federal Aviation by calling (202) 267–3484. Administration Order 7400.9F, Airspace Kansas City, MO 64106. Communications must identify the The official docket may be examined Designations and Reporting Points, notice number of this NPRM. Persons in the Office of the Regional Counsel for dated September 10, 1998, and effective interested in being placed on a mailing the Central Region at the same address September 16, 1998, is to be amended list for future NPRMs should also between 9:00 a.m. and 3:00 p.m., as follows: request a copy of Advisory Circular No. Monday through Friday, except Federal 11–2A, which describes the procedures. Paragraph 6005 Class E airspace extending holidays. upward from 700 feet or more above the surface of the earth. An information docket may also be The Proposal examined during normal business hours * * * * * The FAA is considering an in the office of the Manager, Airspace amendment to 14 CFR part 71 to revises AAL AK E5 Palmer, AK [ New ] Branch, Air Traffic Division, at the the Class E airspace at Decorah, IA. A Palmer Municipal Airport, AK address listed above. COPTER GPS 339° SIAP has been (Lat. 61°35′41′′ N., long. 149°05′20′′ W.) FOR FURTHER INFORMATION CONTACT: developed to serve the Winneshiek That airspace extending upward from 700 Kathy Randolph, Air Traffic Division, County Memorial Hospital Heliport, feet above the surface within a 6.5-mile Airspace Branch, ACE–520C, Federal Decorah, IA. Controlled airspace radius of Palmer Municipal Airport. Aviation Administration, 601 East 12th extending upward from 700 feet AGL is * * * * * Street, Kansas City, Missouri 64106; needed to contain aircraft executing this Issued in Anchorage, AK, on April 9, 1999. telephone number: (816) 426–3408. SIAP. In addition, a review of the Class Willis C. Nelson, SUPPLEMENTARY INFORMATION: E airspace area for Decorah, IA, indicates it does not meet the criteria for Manager, Air Traffic Division, Alaskan Comments Invited Region. 700 feet AGL airspace required for [FR Doc. 99–9776 Filed 4–19–99; 8:45 am] Interested parties are invited to diverse departures as specified in FAA BILLING CODE 4910±13±P participate in this proposed rulemaking Order 7400.2D. The criteria in FAA by submitting such written data, views, Order 7400.2D for an aircraft to reach or arguments as they may desire. 1200 feet AGL is based on a standard DEPARTMENT OF TRANSPORTATION Comments that provide the factual basis climb gradient of 200 feet per mile plus supporting the views and suggestions the distance from the Airport Reference Federal Aviation Administration presented are particularly helpful in Point (ARP) to the end of the outermost developing reasoned regulatory runway. Any fractional part of a mile is 14 CFR Part 71 decisions on the proposal. Comments converted to the next higher tenth of a are specifically invited on the overall mile. [Airspace Docket No. 99±ACE±19] regulatory, economic, environmental, The intended effect of this action is to Amendment of Class E Airspace; and energy-related aspects of the provide segregation of aircraft operating Decorah, IA proposal. Communications should under Instrument Flight Rules (IFR) identify the airspace docket number and from aircraft operating in visual weather AGENCY: Federal Aviation be submitted in triplicate to the address conditions. The area would be depicted Administration (FAA), (DOT). listed above. Commenters wishing the on appropriate aeronautical charts ACTION: Notice of proposed rulemaking. FAA to acknowledge receipt of their thereby enabling pilots to comments on this notice must submit circumnavigate the area or otherwise SUMMARY: This notice proposes to with those comments a self-addressed, comply with IFR procedures. Class E amend Class E airspace area at Decorah, stamped postcard on which the airspace designations for airspace areas IA. A Global Positioning System (GPS), following statement is made: extending upward from 700 feet or more COPTER GPS 339° point in space, ‘‘Comments to Airspace Docket above the surface of the earth are Standard Instrument Approach No. 99–ACE–19.’’ The postcard will be published in paragraph 6005 of FAA Procedure (SIAP) has been developed to date/time stamped and returned to the Order 7400.9F, dated September 10, serve Winneshiek County Memorial commenter. All communications 1998, and effective September 16, 1998, Hospital Heliport, Decorah, IA. received on or before the closing date which is incorporated by reference in 14 Controlled airspace extending upward for comments will be considered before CFR 71.1. The Class E airspace from 700 feet Above Ground Level taking action on the proposed rule. The designation listed in this document (AGL) is needed to accommodate proposal contained in this notice may would be published subsequently in the aircraft executing the SIAP. be changed in light of comments Order.

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The FAA has determined that this radius of Decorah Municipal Airport and the rulemaking record, which we will proposed regulation only involves an within 2.0 miles each side of the 267° radial honor to the extent allowable by law. established body of technical of the Waukon VORTAC extending from the There may be circumstances in which regulations for which frequent and 6.4-mile radius to the VORTAC and within we would withhold from the 2.6 miles each side of the 122° bearing from routine amendments are necessary to the Decorah NDB extending from the 6.4-mile rulemaking record a respondent’s keep them operationally current. radius to 7.0 miles southeast of the airport, identity, as allowable by the law. If you Therefore, this proposed regulation (1) and within a 6.0-mile radius of the point in wish us to withhold your name and/or is not a ‘‘significant regulatory action’’ space serving Winneshiek County Memorial address, you must state this under Executive Order 12866; (2) is not Hospital. prominently at the beginning of your a ‘‘significant rule’’ under DOT * * * * * comment. However, we will not Regulatory Policies and Procedures Issued in Kansas City, MO, on March 18, consider anonymous comments. We (44 FR 11034; February 26, 1979); and 1999. will make all submissions from (3) does not warrant preparation of a Herman J. Lyons, Jr., organizations or businesses, and from Regulatory Evaluation as the anticipated Manager, Air Traffic Division, Central Region. individuals identifying themselves as impact is so minimal. Since this is a [FR Doc. 99–9795 Filed 4–19–99; 8:45 am] representatives or officials of routine matter that will only affect air BILLING CODE 4910±13±M organizations or businesses, available traffic procedures and air navigation, it for public inspection in their entirety. is certified that this proposed rule will FOR FURTHER INFORMATION CONTACT: not have a significant economic impact DEPARTMENT OF THE INTERIOR Wilbon Rhome, Industrial Specialist, or on a substantial number of small entities Joseph Levine, Chief, Operations under the criteria of the Regulatory Minerals Management Service Analysis Branch, at (703) 787–1600 or Flexibility Act. FAX (703) 787–1093. 30 CFR Part 250 List of Subjects in 14 CFR Part 71 SUPPLEMENTARY INFORMATION: On February 5, 1997, we published a final Airspace, Incorporation by reference, RIN 1010±AC41 rule in the Federal Register (62 FR Navigation (air). Training of Lessee and Contractor 5320) concerning the training of lessee The Proposed Amendment Employees Engaged in Oil and Gas and contractor employees engaged in and Sulphur Operations in the Outer Accordingly, pursuant to the drilling, well completion, well Continental Shelf (OCS) authority delegated to me, the Federal workover, well servicing, or production safety system operations in the OCS. Aviation Administration proposes to AGENCY: Minerals Management Service amend 14 CFR part 71 as follows: The final rule streamlined the (MMS), Interior. regulations by 80 percent, provided the PART 71ÐDESIGNATION OF CLASS A, ACTION: Proposed rule. flexibility to use alternative training methods, and simplified the training CLASS B, CLASS C, CLASS D, AND SUMMARY: This proposed rule would options at 30 CFR Part 250, Subpart O— CLASS E AIRSPACE AREAS; amend our regulations governing Training. AIRWAYS; ROUTES; AND REPORTING training of lessee employees engaged in POINTS The February 5, 1997, final rule did oil and gas and sulphur operations in not sufficiently address developing a 1. The authority citation for part 71 the OCS. We are proposing to establish performance-based training system. This continues to read as follows: a performance-based training system proposed rule retains some elements of that would: our existing training program related to Authority: 49 U.S.C. 106(g), 40103, 40113, • Lead to safer and cleaner OCS 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– identifying minimum required training operations; 1963 Comp., p. 389. elements and affords lessees the • Allow the development of new and flexibility to design a performance- § 71.1 [Revised] innovative training techniques; based training plan and to ensure that • Impose fewer prescriptive 2. The incorporation by reference in their contractors are in compliance with requirements on the oil and gas 14 CFR 71.1 of Federal Aviation such a plan. Administration Order 7400.9F, Airspace industry; and • On June 10, 1997, we conducted a Designations and Reporting Points, Provide increased training public workshop in Houston, Texas, to dated September 10, 1998, and effective flexibility. get information pertinent to a revision of September 16, 1998, is amended as DATES: We will consider all comments the February 5, 1997, Subpart O— follows: received by July 19, 1999. We will begin Training regulation. The purpose of this Paragraph 6005 Class E airspace areas reviewing comments then and may not workshop was to discuss the extending upward from 700 feet or more fully consider comments we receive development of a performance-based above the surface of the earth. after July 19, 1999. training system for OCS oil and gas * * * * * ADDRESSES: If you wish to comment, activities. In the April 4, 1997, Federal you may mail or hand-carry comments Register notice (62 FR 18070) ACE IA E5 Decorah, IA [Revised (three copies) to the Department of the announcing the workshop, we stated Decorah Municipal Airport, IA Interior; Minerals Management Service; that the goal of the meeting was to ° ′ ′′ ° ′ ′′ (Lat. 43 16 32 N., long. 91 44 22 W.) Mail Stop 4024; 381 Elden Street; develop a procedure which ensures that Waukon VORTAC Herndon, Virginia 20170–4817; lessee and contractor employees are (Lat. 43°16′48′′ N., long. 91°32′15′′ W.) Decorah NDB Attention: Rules Processing Team. trained in well control or production (Lat. 43°16′32′′ N., long. 91°44′11′′ W.) Our practice is to make comments, safety system operations by creating a Winneshiek County Memorial Hospital, IA including names and home addresses of less prescriptive training program Point in Space Coordinates respondents, available for public review focusing on results and not on (Lat. 43°16′57′′ N., long. 91°45′56′′ W.) during regular business hours. processes. That airspace extending upward from 700 Individual respondents may request that To improve the regulations at 30 CFR feet above the surface within a 6.4-mile we withhold their home address from Part 250, Subpart O—Training, the

VerDate 23-MAR-99 09:28 Apr 19, 1999 Jkt 183247 PO 00000 Frm 00009 Fmt 4702 Sfmt 4702 E:\FR\FM\A20AP2.008 pfrm01 PsN: 20APP1 Federal Register / Vol. 64, No. 75 / Tuesday, April 20, 1999 / Proposed Rules 19319 workshop notice asked attendees to be group of commenters favored the that this proposed training regulation prepared to present and discuss development of a dual training system provides companies the opportunity to comments on the following four incorporating elements from both a develop their own individual program, performance measures and indicators performance-based program and MMS’s tailored to the needs of their employees. which could be used as part of a current system. This proposal would This flexibility will contribute to the performance-based program: allow individual companies to collect development of new and innovative • MMS Written Test: We may test performance measures data, and to training techniques. We encourage such lessee or contractor employees. We may petition us for alternative compliance to diversity because we feel that its give announced or unannounced Subpart O. The petition would include ultimate result is safer and cleaner OCS written tests at a training site, office, or a company’s individual performance operations. work location. measures versus industry averages and Workshop participants also • MMS Simulator and Hands-On ranges, and information on a company’s commented on the type of performance Testing: We may conduct production individual training program. If we measures and indicators that we are safety system equipment hands-on approved a company’s petition, then it considering. The participants felt that testing or well-control simulator testing would implement its own program an unannounced written test could of lessee or contractor employees. We instead of complying with existing cause employees stress that would lead may give announced or unannounced Subpart O requirements. Companies to poor performance on the exams. We tests at a training site, office, or work that do not petition us to use alternative do not feel that this is a valid concern. location. compliance methods, or have their Although a testing situation may be • Audits, Interviews or Cooperative petition denied, would continue stressful, the employee should be able to Reviews: We may meet with lessee or implementing current Subpart O answer fundamental questions about contractor employees periodically to regulations. production safety systems or well determine the effectiveness of their We believe that the proposed rule control operations. This same employee training program. These announced or retains critical safety elements from the would be expected to respond positively unannounced meetings may include an current system and provides added in an actual situation where the risks to evaluation of training documents, flexibility by allowing lessees to personnel health, safety, and procedures, or interviews of key develop training programs in a environmental damage are great. We personnel. performance-based environment. Under realize that the results of written tests • Incident of Noncompliance (INC), the proposal, lessees, not MMS, will be are not always indicative of an Civil Penalty, and Event Data: We may responsible for ensuring that personnel individual’s performance. For that analyze the performance of a lessee by employed at their facilities are trained reason, we propose to use a variety of evaluation of INC, civil penalty, and and competent. We intend to focus our performance measures to assess resources on evaluating lessee event data. Event data includes employees’ skill and safety knowledge performance, not on accrediting schools. information dealing with spills, fires, relative to their job. Lessees wishing to continue using an explosions, blowouts, fatalities, Certain commenters stated that hands- collisions, and injuries. As part of this existing school program or develop a new school program to train their on simulator testing was an excellent evaluation, we may analyze the data in and realistic means of gauging relation to the following: employees may do so as long as the program meets the minimum performance, while others felt that we —Number of facilities (platform/rig) requirements included in the proposed do not have the necessary expertise or operated by a company; rule. equipment to conduct simulator tests. —Production volumes of an operator; Another issue raised by segments of We agree that hands-on testing, using —Location of activity; or the oil and gas industry in attendance at either well-control simulator —Frequency of events. the workshop was the potential for technology, interactive computer The notice also encouraged the public certain companies to neglect training systems, live well testing, or hands-on to suggest other viable performance under a performance-based regime. As production safety system testing is an measures or indicators for us to consider part of the proposed rule, lessees will be excellent means of evaluating an for a performance-based training required to develop a training plan individual’s performance. We also agree program. Workshop participants defining their program. Minimum that we do not have the equipment or suggested no new measures or information to be included in the plan the expertise to conduct simulator indicators. is listed in this proposed rule. We will testing. For that reason, the proposed Approximately 150 people attended monitor company training programs to rule includes a provision that either we the workshop, representing a diverse determine their effectiveness. Those or our authorized representative would cross section of the oil and gas industry. lessees performing satisfactorily will administer or witness the testing if we Most of the attendees were associated receive less oversight by the agency, find it necessary. with major and independent oil and gas allowing us to concentrate on those Other commenters stressed the point producing companies. There was no companies achieving less than that all hands-on testing should be significant participation from satisfactory results. Under such a conducted at onshore facilities and not contractors. Representatives from 12 of system, companies will not be able to in an offshore environment so it does the 55 MMS-accredited training schools neglect training. not interfere with offshore operations. attended the workshop. Another issue highlighted at the Whenever possible, we will try to We discussed industry views workshop dealt with a recommendation accommodate this concern. However, concerning a performance-based for MMS to use caution when changing under certain circumstances it may be training program and gathered from the current prescriptive training appropriate to conduct hands-on testing comments. Some commenters favored system to a performance-based system. in an offshore environment. Therefore, the development of a performance-based Workshop participants questioned why either onshore or offshore testing are training system while others suggested we were willing to abandon the current viable options for MMS to use in that the current system be modified to system, which has been successful, and evaluating the performance of OCS provide added flexibility. Another implement a new program. We believe employees.

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Other commenters at the workshop signify the competency of an to the specific needs of each company, stated that many offshore workers have individual? resulting in lower training costs. The difficulty reading regulations or —If an individual or group of rule does not add any new cost to the company operating manuals. We believe individuals receives a written test oil and gas industry and it will not this is a significant issue that should be score below a level determined to reduce the level of safety to personnel addressed by individual lessees. We signify competency, should we issue or the environment. also feel that lessees are responsible for an INC, conduct a retest, or initiate (2) This rule will not create a serious hiring well qualified and competent some other type of enforcement inconsistency or otherwise interfere workers who should possess the ability action? with an action taken or planned by to read appropriate and necessary —What issues should we focus on when another agency. information. conducting employee interviews? (3) This rule does not alter the budgetary effects or entitlements, grants, A commenter asked how we would How often should these interviews be user fees, or loan programs or the rights react to a company that does not train conducted? What situation(s) should trigger MMS to conduct an interview? or obligations of their recipients. its employees but has a good safety (4) This rule does raise novel legal or record as measured by appropriate —What type of enforcement action should we initiate if during an policy issues. This is a performance- performance measures. The proposed based rule. rule requires a company to develop a employee interview an employee training plan and provide its employees exhibits only a minimal Clarity of This Regulation with the necessary skills to perform understanding of the employer’s E.O. 12866 requires each agency to their job. We will periodically evaluate training program? write regulations that are easy to the performance of companies relative —Are there any situations where we understand. We invite your comments to their plan to see how well employees should not allow an employee to on how to make this proposed rule are being trained. Regardless a of continue working on the OCS? easier to understand, including answers company’s safety record, if we —Under what circumstances should we to questions such as the following: determine that the company is not initiate hands-on testing of (1) Are the requirements in the rule training its employees, we will initiate employees? clearly stated? appropriate enforcement actions as We intend to conduct at least one (2) Does the rule contain technical discussed in the rule. workshop on this proposed training rule language or jargon that interfere with its during the comment period. We will Another commenter said that clarity? notify you in a separate document. although there is an increase in OCS (3) Does the format of the rule activity, there appears to be a shortage Procedural Matters (grouping and order of sections, use of of trained and experienced workers. The headings, paragraphing, etc.) aid or Federalism (Executive Order (E.O.) commenter thought that this is not the reduce its clarity? 12612 (4) Would the rule be easier to right time to move towards a understand if it were divided into more performance-based training system. We In accordance with E.O. 12612, the rule does not have significant (but shorter) sections? agree that we are seeing a significant (5) Is the description of the rule in the Federalism implications. A Federalism upturn in OCS activity and an ‘‘Supplementary Information’’ section of assessment is not required. associated increase in the use of this preamble helpful in understanding inexperienced personnel. However, the Takings Implications Assessment (E.O. the rule? What else can we do to make proposed changes are expected to 12630) the rule easier to understand? improve company training programs by Send a copy of any comments on how In accordance with E.O. 12630, the holding lessees accountable for the we could make this rule easier to rule does not have significant Takings competency of their employees. We understand to: Office of Regulatory Implications. A Takings Implication believe that a performance-based system Affairs, Department of the Interior, Assessment is not required. that focuses on results and the ability of Room 7229, 1849 C Street, NW, employees to demonstrate their job Regulatory Planning and Review (E.O. Washington, DC 20240. You may also e- skills is preferable to the current school 12866) mail the comments to this address: certification system. This document is a significant rule [email protected]. To implement this rule, we will and is subject to review by the Office of Civil Justice Reform (E.O. 12988) periodically assess company Management and Budget (OMB) under performance to determine how well its In accordance with E.O. 12988, the E.O. 12866. Office of the Solicitor has determined employees are trained. This assessment (1) This rule will not have an effect of will include implementation of one or that this rule does not unduly burden $100 million or more on the economy. the judicial system and meets the more of the following techniques: It will not adversely affect in a material training system audits, employee requirements of sections 3(a) and 3(b)(2) way the economy, productivity, of the Order. interviews, written testing, and competition, jobs, the environment, equipment-based hands-on testing. We public health or safety, or State, local, National Environmental Policy Act are seeking input on what situations and or tribal governments or communities. (NEPA) threshold levels we should use as part The estimated yearly gross cost to the This rule does not constitute a major of our assessment of your training oil and gas industry to train its program to trigger the different Federal action significantly affecting the employees at MMS accredited schools is quality of the human environment. A enforcement actions included in this $5,955,000. We feel that the cost of rule. Some specific issues to address in detailed statement under the NEPA of complying with the proposed rule 1969 is not required. your comments should include the would be somewhat less than this following: amount. Under the proposed rule, the Paperwork Reduction Act (PRA) of 1995 —Is there a specific written test score oil and gas industry would have The proposed rule contains a (re: threshold level) we should use to flexibility to tailor its training program collection of information which has

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Submit your (4 hours per revised plan). comments to the Office of Information We estimate the total annual reporting The Department certifies that this and Regulatory Affairs; OMB; Attention: and recordkeeping ‘‘hour’’ burden for document will not have a significant Desk Officer for the Department of the the proposed rule to be 2,044 hours. economic effect on a substantial number Interior (OMB control number 1010– This will reflect a decrease of 917 hours of small entities under the Regulatory NEW); 725 17th Street, NW, when it replaces the collection of Flexibility Act (5 U.S.C. 601 et seq.). Washington, DC 20503. Send a copy of information approved for the current Currently there are 55 MMS accredited your comments to the Rules Processing requirements in 30 CFR 250, Subpart O training schools: we have approved 24 Team, Attn: Comments; Mail Stop 4024; (1010–0078). schools to teach production safety Minerals Management Service; 381 We will summarize written responses courses, 26 schools to teach well control Elden Street; Herndon, Virginia 20170– to this notice and address them in the courses, and 5 schools to teach both 4817. You may obtain a copy of the final rule preamble. All comments will well control and production courses. supporting statement for the new become a matter of public record. The training companies best fit under collection of information by contacting 1. We specifically solicit comments the SIC 8249 and the criteria for small the Bureau’s Information Collection on the following questions: businesses is $5 million in revenue. Clearance Officer at (202) 208–7744. (a) Is the proposed collection of Based on that criteria, 25 training The PRA provides that an agency may information necessary for MMS to companies will fall into the small not conduct or sponsor, and a person is properly perform its functions, and will business category. not required to respond to, a collection it be useful? Although we would no longer be of information unless it displays a (b) Are the estimates of the burden accrediting schools, lessee personnel currently valid OMB control number. hours of the proposed collection and those hired by the lessee will have OMB is required to make a decision reasonable? to be trained and competent in the concerning the collection of information (c) Do you have any suggestions that duties associated with their particular contained in these proposed regulations would enhance the quality, clarity, or job. between 30 to 60 days after publication usefulness of the information to be The training schools that teach a of this document in the Federal collected? broad range of vocational courses in Register. Therefore, a comment to OMB (d) Is there a way to minimize the addition to MMS accreditation courses is best assured of having its full effect information collection burden on those will not be significantly affected. Also, if OMB receives it by May 20, 1999. who are to respond, including the use schools that teach only MMS This does not affect the deadline for the of appropriate automated electronic, accreditation courses and provide public to comment to MMS on the mechanical, or other forms of quality training at a competitive price proposed regulations. information technology? will continue to compete effectively for The title of the collection of 2. In addition, the PRA requires customers. Based on our experience, the information for this proposed rule is agencies to estimate the total annual failure rate of the schools in the offshore ‘‘Proposed Rulemaking, 30 CFR 250, reporting and recordkeeping ‘‘cost’’ training industry should not change Subpart O—Training’’ (OMB control burden resulting from the collection of significantly under a performance-based number 1010-NEW). Respondents are information. We have not identified any program. Under the current regulations approximately 130 Federal OCS oil and and solicit your comments on this item. we maintain a database that tracks gas or sulphur lessees. The frequency of For reporting and recordkeeping only, training schools approved by the response is primarily ‘‘on occasion.’’ your response should split the cost agency. Based on information from this Responses to this collection of estimate into two components: (a) total database less than 2 percent of the information are mandatory. We will capital and startup cost component, and training schools approved by MMS go protect proprietary information in (b) annual operation, maintenance, and out of business each year; under the accordance with the Freedom of purchase of services component. Your new rule we expect this to remain the Information Act and 30 CFR 250.118, estimates should consider the costs to same. MMS experience has shown that ‘‘Data and information to be made generate, maintain, and disclose or because of lower overhead and available to the public.’’ provide the information. You should competitive pricing, small training The proposed rule contains the describe the methods you use to schools are just as capable as the larger following information collection estimate major cost factors, including schools at adapting to change. Under requirements and estimated burdens: system and technology acquisition, this proposal schools will have the 1. Develop and maintain training expected useful life of capital flexibility to tailor their training plans (average 2.2 hours per plan). The equipment, discount rate(s), and the programs to accommodate the needs of burden will be greater during the first period over which you incur costs. the oil and gas industry. The training year when some companies will need to Capital and startup costs include, industry has been requesting this develop plans, but will decrease in among other items, computers and flexibility for years, and this subsequent years when companies will software you purchase to prepare for performance-based training rule will only have to maintain plans. The collecting information; monitoring, make that possible. burden per plan is annualized over a sampling, drilling, and testing We believe these changes will make it three-year period. equipment; and record storage facilities. easier for small schools to market their 2. Maintain documentation of Generally, your estimates should not program at a competitive rate to small employee training activities (average 5 include equipment or services contractors who may have special needs minutes per training record). purchased: before October 1, 1995; to working in the oil and gas industry. We

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We believe this will encourage the economy of $100 million or more, (b) Will not cause a major increase in results? lessees to provide their employees 250.1511 What must I do when MMS training in a more consistent and timely costs or prices for consumers, administers written tests? manner, thus increasing student individual industries, Federal, State, or 250.1512 What must I do when MMS enrollment resulting in financial local government agencies, or administers hands-on, simulator, or benefits to both large and small training geographic regions. other types of testing? schools. (c) Does not have significant adverse 250.1513 What will MMS do if my The oil and gas companies that effects on competition, employment, employees are not properly trained? operate on the OCS are predominately investment, productivity, innovation, or § 250.1500 Definitions. ability of U.S.-based enterprises to in SIC 1311, crude petroleum and Terms used in this subpart have the compete with foreign-based enterprises. natural gas. Under the SIC 1311, following meaning: companies with less than 500 Unfunded Mandates Reform Act of 1995 Employee means lessee or contractor employees are considered small employees. businesses and we estimate that 70 DOI has determined and certifies Floorhand means rotary helpers, percent of the 130 OCS operating according to the Unfunded Mandates derrick-men, or their equivalent. companies fall into the small business Reform Act, 2 U.S.C. 1502 et seq., that I or you means the lessee engaged in category. Although, these companies this rule will not impose a cost of $100 oil, gas, or sulphur operations in the may be technically ‘‘small,’’ they have million or more in any given year on Outer Continental Shelf (OCS). to be financially strong to operate in the State, local, and tribal governments, or Lessee means a person who has marine environment. the private sector. entered into a lease with the United A positive effect for both small and List of Subjects in 30 CFR Part 250 States to explore for, develop, and large companies is that they will have produce the leased minerals. The term increased options concerning where to Reporting and record-keeping lessee also includes an owner of get their training. This will change how requirements, Sulphur development and operating rights for that lease and the a company does business. Small production, Sulphur exploration, Surety MMS-approved assignee of that lease. businesses operating on the OCS will bonds. Production safety system employee continue to have the option of using a Dated: December 23, 1998. means employees who install, repair, third-party training organization to train Sylvia V. Baca, test, maintain, or operate surface or their employees, the same as under the subsurface safety devices, as well as the current system. These businesses will Acting Assistant Secretary, Land and Minerals Management. platform employee who oversees not be subject to any additional training production operations. costs or economic burdens as a result of For the reasons stated in the Supervisor means the driller, tool- the proposed rule. preamble, Minerals Management pusher, operator’s representative, or Under the proposed rule, the oil and Service (MMS) proposes to amend 30 their equivalent. gas industry would have the flexibility CFR part 250 as follows: Training school means a party who to tailor its training program to the has developed a course to teach well- specific needs of each company. Small PART 250ÐOIL AND GAS AND control for drilling, well completion and businesses that operate on the OCS will SULPHUR OPERATIONS IN THE well workover, well servicing, or be positively impacted by this proposal. OUTER CONTINENTAL SHELF production safety systems. They will be given the added flexibility 1. The authority citation for part 250 Well completion/well workover means those operations following the drilling to determine the type of training, continues to read as follows: methodology (classroom, computer, of a well that are intended to establish team, on-the-job), length of training, Authority: 43 U.S.C. 1331 et seq. production or to restore production to a frequency and subject matter content for 2. Subpart O is revised to read as well. For the purpose of this subpart, their training program. Since this rule follows: well completion/well workover will not have a significant effect on includes small tubing operations but small training schools, or small lessees Subpart OÐTraining does not include those operations working on the OCS, the Department defined as well servicing. Sec. has certified that this rule will not have Well servicing means snubbing and 250.1500 Definitions. coil tubing operations. a significant effect on a substantial 250.1501 What is the goal of my training number of small entities. program? § 250.1501 What is the goal of my training Your comments are important. The 250.1502 What are my general program? Small Business and Agriculture responsibilities for training? The goal of your training program is Regulatory Enforcement Ombudsman 250.1503 What job skills and safety safe and clean OCS operations. To knowledge elements must my training and 10 Regional Fairness Boards were accomplish this goal, you must ensure established to receive comments from cover for well control, production safety systems, and other types of training? that your employees are experienced small business about Federal agency and competent in their respective work enforcement actions. The Ombudsman 250.1504 What well control training must my employees receive? assignments. will annually evaluate the enforcement 250.1505 What training must my activities and rate each agency’s production safety system employees § 250.1502 What are my general responsiveness to small business. If you receive? responsibilities for training? wish to comment on any enforcement 250.1506 What other types of training must (a) You must ensure that your actions, call toll-free at (888) 734–3247. my employees receive? employees are properly trained in the

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Drilling WC/WO 3 Safety knowledge and skill elements WS 4 Super 1 Floor 2 Super Floor

(a) Hands-on training in: (1) Choke manifold operation ...... √ √ (2) Stand pipe operation ...... √ √ (3) Mud room valves operation ...... √ (b) Care, handling & characteristics of drilling and well completion/well workover fluids ...... √ √ √ (c) Care, handling & characteristics of well completion/well workover fluids & pack- er fluids ...... √ √ √ (d) Major causes of uncontrolled fluids from a well including: (1) Failure to keep the hole full ...... √ √ (2) Swabbing effect ...... √ √ (3) Loss of circulation ...... √ √ (4) Insufficient drilling fluid density ...... √ √ (5) Abnormally pressured formations ...... √ √ (6) Effect of too rapidly lowering the pipe in the hole ...... √ √ (e) Importance of & instructions on measuring the volume of fluid to fill the hole during trips ...... √ √ (f) The importance of filling the hole as it relates to shallow gas conditions ...... √ (g) Filling the tubing & casing with fluid to control bottomhole pressure ...... √ (h) Warning signals that indicate a kick & conditions that can lead to a kick ...... √ √ √ √ (i) Controlling shallow gas kicks and using diverters ...... √ (j) At least one bottomhole pressure well control method including conditions unique to a surface or subsea BOP stack ...... √ √ (k) Installing, operating, maintaining & testing BOP & diverter systems ...... √ √ (l) Installing, operating, maintaining & testing BOP systems ...... √ √ (m) Government regulations on: (1) Emergency shutdown systems ...... √ (2) Production safety systems ...... √ (3) Drilling procedures ...... √ (4) Wellbore plugging & abandonment ...... √ √ (5) Pollution prevention & waste management ...... √ √ √ √ √ (6) Well completion & well workover requirements (Subparts E & F of 30 CFR part 250) ...... √ √ (n) Procedures & sequential steps used on the following pieces of equipment when shutting in a well: (1) BOP system ...... √ √ √ (2) Surface/subsurface safety system ...... √ (3) Choke manifold ...... √ √ (o) Well control exercises with a simulator, interactive computer system or live well suitable for modeling well completion/well workover operations ...... √ (p) Well control exercises with a simulator, interactive computer system or live well suitable for modeling drilling operations ...... √ (q) Instructions & simulator or live well experience on organizing & directing a well killing operation ...... √ √

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Drilling WC/WO 3 Safety knowledge and skill elements WS 4 Super 1 Floor 2 Super Floor

(r) At least two simulator practice problems rotating trainees using teams of three or less members ...... √ √ (s) Care, operation, purpose, and installation of well control equipment ...... √ √ √ √ (t) Limitations of the equipment that may wear or be subjected to pressure ...... √ √ √ (u) Instructions in well control equipment, including: (1) Surface equipment ...... √ √ √ (2) Well completion/well workover, BOP & tree equipment ...... √ √ √ (3) Downhole tools & tubulars ...... √ √ √ (4) Tubing hanger, back pressure valve (threaded/profile), landing nipples, lock mandrels for corresponding nipples & operational procedures for each, gas lift equipment & running & pulling tools operation ...... √ √ (5) Packers ...... √ √ √ (v) Instructions in special tools & systems, such as: (1) Automatic shutdown systems (control points, activator pilots, monitor pilots, control manifolds & subsurface systems) ...... √ (2) Flow string systems (tubing, mandrels & nipples, flow couplings, blast joints, & sliding sleeves) ...... √ (3) Pumpdown equipment (purpose, applications, requirements, surface circu- lating systems, entry loops and tree connection/flange) ...... √ (w) Instructions for detecting entry into abnormally pressured formations & warning signals ...... √ (x) Instructions on well completion/ well control problems ...... √ (y) Well control problems during well completion/well workover operations includ- ing: (1) Killing a flow ...... √ (2) Simultaneous drilling & well completion & well workover operations on the same platform ...... √ (3) Killing a producing well ...... √ (4) Removing the tree ...... √ (z) Calculations on the following: (1) Fluid density increases that controls fluid flow into the wellbore ...... √ √ (2) Fluid density to pressure conversion & the danger of formation breakdown under the pressure caused by a fluid column, especially when setting casing in shallow formations ...... √ (3) Fluid density to pressure conversion & the danger of formation breakdown under the pressure caused by a fluid column ...... √ (4) Equivalent pressures at the casing seat depth ...... √ (5) Drop in pump pressure as fluid density increases & the relationship be- tween pump pressure, pump rate, & fluid density ...... √ √ (6) Pressure limitations on casings ...... √ √ (7) Hydrostatic pressure & pressure gradients ...... √ √ √ (aa) Unusual well control situations, including the following: (1) Drill pipe is off bottom or out of the hole. Work string is off bottom or out of the hole ...... √ √ (2) Lost circulation occurs ...... √ √ (3) Drill pipe is plugged. Work string is plugged ...... √ √ (4) Excessive casing pressure ...... √ √ (5) There is a hole in drill pipe. Hole in the work string. Hole in the casing string ...... √ √ (6) Multiple well completion ...... √ (bb) Special well control problems while drilling with a subsea stack including: (1) Choke line friction pressure determinations ...... √ √ (2) Use of marine risers ...... √ √ (3) Riser collapse ...... √ √ (4) Removing trapped gas from the BOP stack after controlling a well kick ...... √ √ (5) ``U'' tube effect as gas hits the choke line ...... √ √ (cc) Mechanics of various well controlled situations, including: (1) Gas bubble migration & expansion ...... √ √ (2) Bleeding volume from a shut-in well during gas migration ...... √ √ (3) Excessive annular surface pressure ...... √ √ (4) Differences between a gas kick, a salt water and/or oil kick ...... √ √ (5) Special well control techniques (such as, but not limited to, barite plugs & cement plugs) ...... √ √ (6) Procedures & problems involved when experiencing lost circulation ...... √ √ (7) Procedures & problems involved when experiencing a kick while working over or completing a well including conducting small tubing operations in a hydrogen sulfide (H2S) environment ...... √ (8) Procedures & problems involved when experiencing a kick while drilling in a H2S environment ...... √ (9) Procedures & problems involved when experiencing a kick while servicing a well including snubbing, coil-tubing, and stripping & snubbing operations with work string ...... √

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Drilling WC/WO 3 Safety knowledge and skill elements WS 4 Super 1 Floor 2 Super Floor

(dd) Reasons for well completion/well workover, including: (1) Reworking a reservoir to control production ...... √ √ (2) Water coning ...... √ (3) Completing a new reservoir ...... √ √ (4) Completing multiple reservoirs ...... √ √ (5) Stimulating a reservoir to increase production ...... √ √ (6) Repairing mechanical failure ...... √ √ (ee) Methods of preparing a well for entry: (1) Using back pressure valves ...... √ (2) Using surface & subsurface safety systems ...... √ √ (3) Removing the tree & tubing hanger ...... √ √ √ (4) Installing & testing BOP & wellhead prior to removing back pressure valves & tubing plugs ...... √ √ (ff) Instructions in small tubing units: (1) Applications (stimulation operations, cleaning out tubing obstructions, plugback, and squeeze cementing) ...... √ (2) Equipment description (derrick & drawworks, small tubing, pumps, weight- ed fluid facilities, and weighted fluids) ...... √ (3) BOP equipment (rams, wellhead connection, & check valve) ...... √ (gg) Methods for killing a producing well, including: (1) Bullheading ...... √ √ (2) Lubricating & bleeding ...... √ √ (3) Coil tubing ...... √ √ (4) Equipment description (coil tubing, reel, injection head, control assembly & injector hoist) ...... √ (5) BOP equipment (tree connection or flange, rams, injector assembly & cir- culating system) ...... √ (6) Snubbing ...... √ √ (7) Types (rig assist & stand alone) ...... √ (8) Applications (running & pulling production or kill strings, resetting weight on packers, fishing for lost wireline tools or parted kill strings, circulating cement or fluid initiating, flow and cleaning out sand in tubing.) ...... √ (9) Equipment (operating mechanism, power supply, control assembly & bas- ket, slip assembly, mast & counterbalance winch & access window) ...... √ (10) BOP equipment (tree connection or flange, rams, spool, traveling slips, manifolds, auxiliaryÐfull opening safety valve inside BOP, maintenance & testing) ...... √ (hh) The purpose & use of BOP closing units, including the following: (1) Charging procedures include precharge & operating pressure ...... √ √ (2) Fluid volumes (usable & required) ...... √ √ (3) Fluid pumps ...... √ √ (4) Maintenance that includes charging fluid & inspection procedures ...... √ √ (ii) Instructions on stripping & snubbing operations & using the BOP system for working pipe in or out of a wellbore under pressure ...... √ Footnotes: 1 Super = Supervisor. 2 Floor = Floorhand. 3 WC/WO = Well Completion and Well Workover. 4 WS = Well Servicing.

§ 250.1505 What training must my and the detection of abnormal (6) Surface safety valves; production safety system employees conditions; (7) Shutdown valves; receive? (2) Primary and secondary protection (8) Fire (flame, heat, or smoke) You must ensure that your employees devices and procedures; detectors; receive all of the training specified in (3) Safety devices that control (9) Auxiliary devices (3-way block this section. undesirable events; and bleed valves, time relays, 3-way (a) You must ensure that your (4) Safety analysis concepts; snap acting valves, etc.); employees understand Government (5) Safety analysis of each basic (10) Surface-controlled subsurface regulations related to: production process component; and safety valves and surface-control equipment; and (1) Pollution prevention and waste (6) Protection concepts. (c) You must give your employees (11) Subsurface-controlled subsurface management; and hands-on training on covering, safety valves. (2) Requirements for well completion installing, operating, repairing, or (d) You must give your employees and well workover operations. maintaining the following equipment: instructions on inspecting, testing and (b) You must give your employees (1) High-low pressure sensors; maintaining surface and subsurface instruction in the following (contained (2) High-low level sensors; devices and surface control systems for in, but not limited to, API RP 14C): (3) Combustible gas detectors; subsurface safety valves. (1) Failures or malfunctions in (4) Pressure relief devices; (e) You must give your employees systems that cause abnormal conditions (5) Flowline check valves; instructions in at least one safety device

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Where can you find information on these training ele- Training elements ments?

Operational Hazards ...... MMS approved plans or permits. Hydrogen Sulfide ...... 30 CFR 250.417(g)(1) through (5) Subpart D. Crane Operation ...... 30 CFR 250.101 (API RP 2D). Environmental ...... Lease stipulations and NTLs. Pollution ...... 30 CFR 254.29(b) and 254.41(c). Cultural ...... Lease stipulations and NTLs. Electrical ...... 30 CFR 250.403(d).

§ 250.1507 May I use alternative training (2) Employee interviews. experience, and employer’s name (e.g., methods? MMS may conduct interviews at operator, contractor, or sub-contractor You may use alternative training either onshore or offshore locations to company name). methods. These methods may include determine what type of training your § 250.1512 What must I do when MMS team, self-paced, hands-on, on-the-job, employees have had, when and where requires hands-on, simulator, or other types or computer-based learning. this training was conducted, and an of testing? employee’s evaluation of the training in § 250.1508 Where may I get training for my relation to his/her specific job. If MMS conducts or requires you to employees? (3) Written test. conduct hands-on, simulator, or other You may get training from any source MMS personnel and/or its authorized types of testing, you must: that meets your employee’s job representative may conduct testing at (a) Allow MMS and/or its authorized qualification requirements. These may either onshore or offshore locations for representative to administer or witness include your own training programs, the purpose of evaluating an the testing. private vendors, universities, or individual’s knowledge of the training government institutions. (b) Identify your employees by current elements specified in this subpart. Your position, years of experience in present § 250.1509 How often must I train my performance will be evaluated on how position, years of total oil field employees? your employees perform relative to past experience, and employer’s name (e.g., You determine the frequency of the written tests or compared to the written operator, contractor, or sub-contractor training you provide your skilled test scores of other companies. company name). employees. You must train them as (4) Hands-on production safety, simulator, or live well testing. (c) Pay for all costs associated with often and as much as necessary to the testing. maintain their job and knowledge MMS personnel and/or its authorized qualifications, and to keep them current representative may conduct tests at § 250.1513 What will MMS do if my in the latest technological advances and either onshore or offshore locations. employees are not properly trained? Tests will be designed to evaluate the regulatory changes. If MMS determines that you are not performance of employees in the job training your employees to perform § 250.1510 How will MMS measure training skills and safety knowledge elements their jobs effectively, we may initiate results? identified in this subpart. You are one or more of the following (a) MMS may periodically assess your responsible for the costs associated with enforcement actions: training program to see how well your this testing. employees are trained. (a) Issue an Incident of § 250.1511 What must I do when MMS Noncompliance; (b) To assess your program, MMS may administers written tests? use one of the following evaluation (b) Require you to revise and submit methods: If MMS tests your employees at either to MMS your training plan to address (1) Training system audit. your worksite or an onshore location, identified deficiencies; you must: A training system audit may be (c) Assess civil/criminal penalties; or conducted by MMS personnel and/or its (a) Allow MMS and/or its authorized (d) Initiate disqualification authorized representative at your office. representative to administer written procedures. You will be asked to explain your tests to your employees. overall training program. This review (b) Identify your employees by current [FR Doc. 99–9683 Filed 4–19–99; 8:45 am] position, years of experience in present may include an evaluation of your BILLING CODE 4310±MR±P training plans and/or records. position, years of total oil field

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DEPARTMENT OF THE INTERIOR Office of Surface Mining Reclamation provisions of 22–3A, concerning the and Enforcement, Morgantown Area office of explosives and blasting. Office of Surface Mining Reclamation Office, 75 High Street, Room 229, P.O. 2. 22–3–13 General Environmental and Enforcement Box 886, Morgantown, West Virginia Protection Performance Standards for 26507, Telephone: (304) 291–4004 30 CFR Part 948 Office of Surface Mining Reclamation Surface Mining; Variances [WV±081±FOR] and Enforcement, Beckley Area Section 22–3–13(a) is amended to Office,323 Harper Park Drive, Suite 3, change the phrase ‘‘* * * and other West Virginia Permanent Regulatory Beckley, West Virginia 25801, requirements as the director Program Telephone: (304) 255–5265 promulgates’’ to read ‘‘ * * * and other FOR FURTHER INFORMATION CONTACT: Mr. requirements set forth in legislative AGENCY: Office of Surface Mining Roger W. Calhoun, Director, Charleston rules proposed by the director.’’ Reclamation and Enforcement (OSM), Field Office; Telephone: (304) 347– Section 22–3–13(b)(3) is amended to Interior. 7158. change a proviso statement concerning ACTION: Proposed rule. SUPPLEMENTARY INFORMATION: backfilling and grading requirements from, ‘‘Provided further, That the SUMMARY: OSM is announcing receipt of I. Background on the West Virginia director shall promulgate rules a proposed amendment to the West Program governing variances * * *’’ to read, Virginia permanent regulatory program On January 21, 1981, the Secretary of ‘‘Provided further, That the director (hereinafter referred to as the West the Interior conditionally approved the shall propose rules for legislative Virginia program) under the Surface West Virginia program. Background approval in accordance with article Mining Control and Reclamation Act of information on the West Virginia three, chapter twenty-nine-a of this 1977 (SMCRA). The amendment revises program, including the Secretary’s code. * * *’’ the West Virginia Code to create the findings, the disposition of comments, Section 22–3–13(b)(15) concerning Office of Explosives and Blasting, and and the conditions of the approval can explosives is amended by deleting adds and amends sections of the West be found in the January 21, 1981, paragraphs (A), (C), and (E), and Virginia Code concerning blasting. The Federal Register (46 FR 5915–5956). relettering the remaining paragraphs. amendment is intended to improve the Subsequent actions concerning the West Paragraph (D) concerning blaster operational efficiency of the State Virginia program and previous certification, now relettered as program. amendments are codified at 30 CFR paragraph (B), is amended by deleting DATES: Written comments must be 948.10, 948.12, 948.13, 948.15, and the word ‘‘director’’ and adding in its received on or before 4:00 p.m. on May 948.16. place the words ‘‘office of explosives 20, 1999. If requested, a public hearing and blasting.’’ on the proposed amendments will be II. Discussion of the Proposed Section 22–3–13(e) concerning Amendment held at 1:00 p.m. on May 17, 1999. variances from approximate original Requests to present oral testimony at the By letter dated March 25, 1999 contour is amended from the words, hearing must be received on or before (Administrative Record Number WV– ‘‘The director may promulgate rules that 4:00 p.m. on May 5, 1999. 1119), the West Virginia Division of permit variances * * *’’ to read ‘‘The ADDRESSES: Your written comments and Environmental Protection (WVDEP) director may propose rules for requests to speak at the hearing should submitted an amendment to the West legislative approval in accordance with be mailed or hand delivered to Mr. Virginia program pursuant to 30 CFR article three, chapter twenty-nine-a of Roger W. Calhoun, Director, Charleston 732.17. The amendment concerns this code, that permit variances. * * *’’ Field Office at the address listed below. changes to Chapter 22 Article 3 (§ 22– Section 22–3–13(f) concerning coal Copies of the proposed amendment, 3) and § 22–1 of the West Virginia Code mine waste piles is also amended to the West Virginia program, and the as contained in West Virginia Senate provide that the director may propose administrative record on the West Bill (SB) 681. The amendment creates rules for legislative approval, rather Virginia program are available for public the Office of Explosives and Blasting than promulgate rules. review and copying at the addresses within the WVDEP, and adds and 3. 22–3–13a Pre-Blast Survey below, during normal business hours, amends sections of the West Virginia Requirements Monday through Friday, excluding Code concerning blasting. By letter dated April 1, 1999 (Administrative This section is all new. Section 22–3– holidays. You may receive one free copy 13a(a) provides that at least 30 days of the proposed amendment by Record Number WV–1121), the WVDEP notified us that the West Virginia before blasting, the following contacting the OSM Charleston Field notifications shall be made in writing to Office. Governor signed SB–681, and provided a copy of the signed bill. all owners and occupants of man-made Mr. Roger W. Calhoun, Director, The amendments submitted by the dwellings or structures that the operator Charleston Field Office, Office of WVDEP are identified below. Minor or designee will perform pre-blast Surface Mining Reclamation and wording changes and other non- surveys: (1) For operations less than 200 Enforcement, 1027 Virginia Street, substantive changes are not identified. acres in a single permitted area or less East, Charleston, West Virginia 25301 than 300 acres of contiguous or nearly Telephone: (304) 347–7158 1. 22–1–7 Offices Within the Division; contiguous area of two or more West Virginia Division of Continuation of the Office of Water permitted areas, the notifications shall Environmental Protection, 10 Resources be to all owners and occupants within McJunkin Road, Nitro, West Virginia New section 22–1–7(a)(7) is added to five tenths of a mile of the permitted 25143, Telephone: (304) 759–0515 provide that the director shall maintain area or areas; (2) for all other surface In addition, copies of the proposed the office of explosives and blasting, mining operations, the required amendment are available for inspection which is charged, at a minimum, with notifications shall be to all owners or during regular business hours at the administering and enforcing, under the occupants within five tenths of a mile following locations: supervision of the director, the of the permitted area or areas, or seven

VerDate 23-MAR-99 15:59 Apr 19, 1999 Jkt 183247 PO 00000 Frm 00018 Fmt 4702 Sfmt 4702 E:\FR\FM\20APP1.XXX pfrm02 PsN: 20APP1 19328 Federal Register / Vol. 64, No. 75 / Tuesday, April 20, 1999 / Proposed Rules tenths of a mile of the proposed blasting The office shall notify the owner and impacts on any underground mine; (4) site, whichever is greater. occupant of the location and availability prevent change in the course, channel or Section 22–3–13a(b) adds a of the pre-blast survey, and provide a availability of ground or surface water requirement that operators who have copy upon request. outside the permit area; and (5) reduce already made pre-blast surveys, and if Section 22–3–13a(h) provides that the dust outside the permit area. This Section 22–3–13a(a)(2) applies, shall operator shall file notice of the pre-blast provision also provides that in notify owners and occupants within survey or waiver in the office of the developing the blasting plan, seven tenths of a mile of the blasting county clerk of the county commission consideration be given to such items as site, unless a written waiver is executed of the county where the man-made the physical condition, type and quality in accordance with Section 22–3–13(c). dwelling or structure is located. The of construction of the protected Section 22–3–13a(c) provides for the office of explosives and blasting shall structure, current use of the protected waiver of the right to a pre-blast survey. prescribe the form to be used. structure, and the concerns of the owner This provision also provides that if Section 22–3–13a(i) provides that the or occupant. access to conduct a pre-blast survey is chief of the office of explosives and Section 22–3–22a(f) provides for the denied and a waiver is not provided, or blasting shall propose rules for waiver in writing of the blasting to the extent that access to any portion legislative approval in accordance with prohibition within 300 feet, or the site of the structure, underground water Article 29A–3 of the State Code, dealing specific restriction within 1000 feet. The supply or well is impossible or with pre-blast survey requirements and operator shall send copies of all waivers impractical under the circumstances, setting the qualifications for individuals to the office of explosives and blasting. the pre-blast survey shall indicate that and firms performing pre-blast surveys. Waivers shall be valid during the life of access was refused, impossible or Section 22–3–13a(j) provides that the the permit and renewals, and shall be impractical. The operator or designee provisions of Section 22–3–13a shall not enforceable against any subsequent shall execute a sworn affidavit apply to underground coal mining owners or occupants of the protected explaining the reasons and operations, and the extraction of structure. circumstances surrounding the refusals. minerals by underground mining Section 22–3–22a(g) provides that this The office of explosives and blasting methods or the surface impacts of the section does not apply to underground shall not determine the pre-blast survey underground mining methods. to be incomplete because it indicates coal mining operations and the surface that access was refused, impossible, or 4. 22–3–22a Blasting Restrictions; Site operations and impacts incident to impractical. The operator shall send Specific Blasting Design Requirement underground coal operations, or to the copies of all written waivers and This is a new section. Section 22–3– extraction of minerals by underground affidavits to the office of explosives and 22a(a) provides that for this section, the mining methods or the surface impacts blasting. term ‘‘production blasting’’ means of the underground mining methods. Section 22–3–13a(d) provides that if a blasting that removes the overburden to Nothing in this section shall exempt any pre-blast survey was waived by the expose underlying coal seams and shall coal mining operation from the general owner and the property sold, the new not include construction blasting. performance standards contained in owner may request a pre-blast survey Section 22–3–22a(b) provides that for Section 22–3–13 and any implementing from the operator. this section, the term ‘‘construction rules. Section 22–3–13a(e) provides that an blasting’’ means blasting to develop 5. 22–3–23(c) Release of Bond or owner may request from the operator a haul roads, mine access roads, coal Deposits pre-blast survey on structures preparation plants, drainage structures, conducted after the original pre-blast or underground coal mine sites and Subsection 22–3–22(c)(3) concerning survey. shall not include production blasting. final bond release is amended to add a Section 22–3–13a(f) provides for the Section 22–3–22a(c) provides that for paragraph which provides that information that a pre-blast survey must this section, the term ‘‘protected notwithstanding the bond release contain. Such information includes a structure’’ means any of the following scheduling provisions of subdivisions general description of the structure and that are outside the permit area: an (1), (2) and (3) of this subsection, if the the survey methods; written occupied dwelling, a temporarily operator completes the backfilling and documentation and drawings, videos or unoccupied dwelling which has been reclamation in accordance with an photos of the pre-blast defects, other occupied within the past ninety days, a approved post-mining land use plan physical conditions, and unusual or public building, a structure for that has been approved by the division substandard construction of all commercial purposes, a school, a of environmental protection and structures, appurtenances and water church, a community or institutional accepted by a local or regional economic sources which could be affected by building, a public park or a water well. development or planning agency for the blasting; written documentation of the Section 22–3–22a(d) provides that county or region in which the operation water supply; a description of any production blasting is prohibited within is located, provisions for sound future portion of the structure and 300 feet of a protected structure or maintenance are assured by the local or appurtenances not documented or within 100 feet of a cemetery. regional economic development or photographed and the reasons; signature Section 22–3–22a(e) provides that planning agency, and the quality of any of the person performing the survey; blasting within 1000 feet of a protected untreated postmining water discharge and any other information required by structure shall have a site specific blast complies with applicable water quality rule. design approved by the office of criteria for bond release, the director Section 22–3–13a(g) provides that explosives and blasting. The design may release the entire amount of said pre-blast surveys shall be submitted to shall limit the type of explosives and bond or deposit. The director shall the office of explosives and blasting at detonating equipment, the size, the propose rules for legislative approval in least 15 days prior to the start of timing and frequency of blasts to do the accordance with the provisions of blasting. The office shall review each following: (1) Prevent injury to persons; article 29a–3 of this code, to govern a survey for completeness only, and (2) prevent damage to property outside bond release pursuant to the terms of notify the operator of any deficiencies. the permit area; (3) prevent adverse this paragraph.

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6. 22–3–24 Water Rights and identified in 22–3–30a that is merely of seismographs; a procedure to warn of Replacement; Waiver of Replacement administrative in nature. impending blasting; a procedure to limit Subsection 22–3–30a(d) provides that This Section is being amended to add the type of explosives and detonating the remedies provided in this section new subsections (c), (d), (e), and (f). equipment, the size, timing, and are not exclusive and shall not bar an New subsection (c) provides that there frequency of blasts based on the owner or occupant from any other is a rebuttable presumption that a physical conditions at the site to remedy accorded by law. mining operation caused damage to an prevent injury, damage, and adverse Subsection 22–3–30a(e) provides that impacts; publication of blasting owner’s underground water supply if the monetary penalties and revocation schedules; and written notice of blasting the inspector determines the following: set out at 22–3–30(b) apply if the schedules. The office shall also propose (1) Contamination, diminution or division of environmental protection rules for blaster certification, and for damage to an owner’s underground establishes that production blasting was disciplinary procedures for blasters. water supply exists; and (2) a pre-blast conducted within the 300 feet, or the Section 22–3A–5 provides that the survey was performed, consistent with 1000 feet standards set out at 22–3–22a, office shall establish and manage a the provisions of section 22–3–13a, on or was within 100 feet of a cemetery. claims process related to blasting, and the owner’s property including the Subsection 22–3–30(f) provides that shall propose rules concerning blasting underground water supply that all penalties and liabilities set forth in claims and arbitration. The section also indicated that contamination, this section shall be assessed and provides that participation in the claims diminution or damage to the collected by the director, and deposited process is voluntary, but that claim underground water supply did not exist with the treasurer of the State of West determinations are intended to be final, prior to the mining conducted at the Virginia in the ‘‘general school fund.’’ if not taken to arbitration. The section mining operation. The operator Subsection 22–3–30(g) provides that provides for written notice, the payment conducting the mining operation shall: the director shall propose rules for the of claims for which an operator is (1) Provide an emergency drinking implementation of this section. adjudged liable, and for the issuance of water supply within 24-hours; (2) Subsection 22–3–30(h) provides that cessation orders. The section also provide a temporary water supply the provisions of this section shall not provides that no permit shall be granted within 72-hours; (3) provide a apply to underground coal mining unless the applicant agrees to be subject permanent water supply within 30 days; operations and the surface operations to the terms of this section. The section and (4) pay all reasonable costs incurred and impacts incident to underground also authorizes the office to retain the by the owner in securing a water coal operations, or to the extraction of services of inspectors, experts and other supply. minerals by underground mining persons or firms as necessary to fulfill New subsection 22–3–24(d) provides methods or the surface impacts of the its responsibilities under this section. that an owner aggrieved under the underground mining methods. Nothing Section 22–3A–6 provides that rules, provisions of subsections (b) or (c) of in this section shall exempt any coal orders and permits already issued will this section, may seek relief in court or mining operation from the general remain in effect until modified, pursuant to the provisions of 22–3b–6. performance standards contained in terminated, superseded, set aside or New subsection 22–3–24(e) provides Section 22–3–13 and any implementing revoked by a court, and that proceedings that the director shall propose rules for rules. pending before the division are not legislative approval to implement the effected by this enactment. requirements of this section. 8. 22–3A Office of Explosives and Section 22–3A–7 concerns funding. It New subsection 22–3–24(f) provides Blasting provides that the office shall assess each that the provisions of 22–3–24(c) shall Article 3A is new . Section 22–3A–1 operator a fee on each quantity of not apply to underground coal mining provides for legislative findings, and explosive material used on the surface operations, the surface operations and policies and purposes. Section 22–3A– mining operations. The office shall impacts incident to an underground 1 declares that establishment of the propose rules establishing the fees, and coal mine, and the extraction of office of explosives and blasting is in the office shall deposit all monies minerals by underground mining the public interest, and that this office received into a special fund called the methods or the surface impacts of the will be vested with authority to enforce ‘‘mountaintop removal fund’’ to be underground mining methods. the rules and laws established to spent by the offices in conducting their 7. 22–3–30a Blasting Requirements; regulate blasting. duties. The legislature shall appropriate Section 22–3A–2 creates the office of Liability and Civil Penalties in the Event the funds for expenditure. explosives and blasting, provides that Section 22–3A–8 concerns the of Property Damage the director shall appoint a chief to transfer of personnel and assets This section is new. Subsection 22–3– administer the office, and provides that currently used to perform the duties of 30a(a) provides that blasting of the office shall assume responsibility for Article 22–3A to the office of explosives overburden and coal shall be conducted the enforcement of all the rules and and blasting in accordance with the rules and laws laws established to regulate blasting. Section 22–3A–9 sets forth the established to regulate blasting. Section 22–3A–3 establishes the limitations of Article 22–3A. Except for Subsection 22–3–30a(b) provides the powers and duties of the office of sections five and seven of this article, all penalties to be imposed for each permit explosives and blasting. provisions of this article are also area or contiguous permit areas where Section 22–3A–4 provides that the applicable to surface blasting activities blasting was out of compliance and office shall propose rules for the related to underground mining resulted in property damage to a purpose of implementing Article 22–3A. operations. protected structure as defined in 22–3– The rules shall include, but not be Section 22–3A–10 provides that the 22a. limited to: procedures for the review, office of explosives and blasting shall Subsection 22–3–30a(c) provides that modification and approval of blasting conduct or participate in studies or the division of environmental protection plans, inspection and monitoring of research to develop scientifically based may not impose penalties on an blasting; minimum requirements for data and recommendations related to operator for the violation of any rule pre-blast surveys; procedures for the use various aspects of blasting. The office

VerDate 23-MAR-99 09:28 Apr 19, 1999 Jkt 183247 PO 00000 Frm 00020 Fmt 4702 Sfmt 4702 E:\FR\FM\A20AP2.032 pfrm01 PsN: 20APP1 19330 Federal Register / Vol. 64, No. 75 / Tuesday, April 20, 1999 / Proposed Rules shall report the data and FOR FURTHER INFORMATION CONTACT. All a significant economic impact on a recommendations to the joint committee such meetings will be open to the public substantial number of small entities on government and finance on or before and, if possible, notices of meetings will under the Regulatory Flexibility Act (5 January 1, 2001, and annually thereafter be posted in advance at the locations U.S.C. 601 et seq.). The State submittal or as otherwise requested. listed above at ADDRESSES. A written which is the subject of this rule is based Section 22–3A–11 provides that the summary of each public meeting will be upon corresponding Federal regulations office of explosives and blasting is made part of the Administrative Record. for which an economic analysis was continued until July 1, 2002. If you are disabled and have need for prepared and certification made that a special accommodation to attend a III. Public Comment Procedures such regulations would not have a public hearing, please contact the significant economic effect upon a We are seeking comments, in person listed above at FOR FURTHER substantial number of small entities. accordance with the provisions of 30 INFORMATION CONTACT. Accordingly, this rule will ensure that CFR 732.17(h), on the proposed IV. Procedural Determinations existing requirements previously amendment submitted by the State of promulgated by OSM will be West Virginia by letter dated March 25, Executive Order 12866 implemented by the State. In making the 1999. Your comments should address This rule is exempted from review by determination as to whether this rule whether the proposed amendment the Office of Management and Budget would have a significant economic satisfies the applicable program (OMB) under Executive Order 12866 impact, the Department relied upon the approval criteria of 30 CFR 732.15. If the (Regulatory Planning and Review). data and assumptions for the amendment is deemed adequate, it will corresponding Federal regulations. become part of the West Virginia Executive Order 12988 program. The Department of the Interior has Unfunded Mandates Written Comments conducted the reviews required by This rule will not impose a cost of section 3 of Executive Order 12988 $100 million or more in any given year Your written comments should be (Civil Justice Reform) and has on any governmental entity or the specific, pertain only to the issues determined that, to the extent allowed private sector. proposed in this notice and include by law, this rule meets the applicable explanations in support of your standards of subsections (a) and (b) of List of Subjects in 30 CFR Part 948 recommendations. Comments received that section. However, these standards Intergovernmental relations, Surface after the time indicated under DATES or are not applicable to the actual language mining, Underground mining. at locations other than the OSM of State regulatory programs and Dated: April 13, 1999. Charleston Field Office will not program amendments since each such H. Vann Weaver, necessarily be considered in the final program is drafted and promulgated by rulemaking or included in the Acting Regional Director, Appalachian a specific State, not by OSM. Under Regional Coordinating Center. Administrative Record. sections 503 and 505 of SMCRA (30 [FR Doc. 99–9887 Filed 4–19–99; 8:45 am] Public Hearing U.S.C. 1253 and 1255) and 30 CFR 730.11, 732.15, and 732.17(h)(10), BILLING CODE 4310±05±P If you wish to comment at the public decisions on proposed State regulatory hearing, you should contact the person programs and program amendments listed above at FOR FURTHER INFORMATION submitted by the States must be based ENVIRONMENTAL PROTECTION CONTACT by close of business on May 5, solely on a determination of whether the AGENCY 1999. If no one requests an opportunity submittal is consistent with SMCRA and 40 CFR Part 52 to comment at a public hearing, the its implementing Federal regulations hearing will not be held. and whether the other requirements of [CA 164±0112b; FRL±6324±9] If you file a written statement at the 30 CFR Parts 730, 731, and 732 have same time that you request a hearing, been met. Approval and Promulgation of the statement will greatly assist the Implementation Plans; California State person who will make a transcript of the National Environmental Policy Act Implementation Plan Revision; hearing. No environmental impact statement is Sacramento Metropolitan Air Quality The public hearing will continue on required for this rule since section Management District (SMAQMD), the specified date until all persons 702(d) of SMCRA (30 U.S.C. 1292(d)) Mojave Desert Air Quality Management scheduled to comment have been heard. provides that agency decisions on District (MDAQMD), and the Ventura Persons in the audience who have not proposed State regulatory program County Air Pollution Control District been scheduled to comment, and who provisions do not constitute major (VCAPCD) as Revisions to the wish to do so, will be heard following Federal actions within the meaning of California State Implementation Plan those scheduled. The hearing will end section 102(2)(C) of the National (SIP) after all persons scheduled to comment Environmental Policy Act (42 U.S.C. and persons present in the audience 4332(2)(C)). AGENCY: Environmental Protection who wish to comment have been heard. Agency (EPA). Paperwork Reduction Act Public Meeting ACTION: Proposed rule. This rule does not contain If only one person requests an information collection requirements that SUMMARY: EPA is proposing to approve opportunity to comment at a hearing, a require approval by OMB under the revisions to the California State public meeting, rather than a public Paperwork Reduction Act (44 U.S.C. Implementation Plan (SIP) which hearing, may be held. Persons wishing 3507 et seq.). concern the control of oxides of nitrogen to meet with us to discuss the proposed (NOX) emissions from rules from amendments, may request a meeting at Regulatory Flexibility Act Sacramento Metropolitan Air Quality the Charleston Field Office by The Department of the Interior has Management District (SMAQMD), contacting the person listed above at determined that this rule will not have Mojave Desert Air Quality Management

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District (MDAQMD), and the Ventura Agency, Region IX, 75 Hawthorne rule. If no adverse comments are County Air Pollution Control District Street, San Francisco, CA 94105–3901, received in response to this action, no (VCAPCD) as revisions to the California Telephone: (415) 744–1160. further activity is contemplated. If EPA State Implementation Plan (SIP). SUPPLEMENTARY INFORMATION: This receives adverse comments, the direct SMAQMD’s Rule 414 controls emissions document concerns SMAQMD’s Rule final rule will be withdrawn and all of oxides of nitrogen from natural gas- 414, Natural Gas-fired Water Heaters; public comments received will be fired water heaters; MDAQMD’s Rule MDAQMD’s Rule 1157, Boilers and addressed in a subsequent final rule 1157 controls emissions from boilers Process Heaters; and VCAPCD’s Rule based on this proposed rule. The EPA and process heaters; and VCAPCD’s 74.16, Oilfield Drilling Operations. The will not institute a second comment Rule 74.16 controls emissions of oxides California Air Resources Board period on this action. Any parties of nitrogen from oilfield drilling submitted SMAQMD’s Rule 414 to EPA interested in commenting on this action operations. for incorporation into its SIP on March should do so at this time. The intended effect of proposing 10, 1998. MDAQMD’s Rule 1157 was approval of these rules is to regulate submitted on August 1, 1997 and DATES: Written comments must be NOX emissions in accordance with the VCAPCD’s Rule 74.16 on April 5, 1991. received on or before May 20, 1999. requirements of the Clean Air Act, as For further information, please see the ADDRESSES: amended in 1990 (CAA or the Act). In You should address information provided in the direct final comments on this action to Steven M. the final rules Section of this Federal action that is located in the rules section Scofield at the EPA, Region 4 Air Register, the EPA is approving the of this Federal Register. state’s SIP submittal as direct final rule Planning Branch, 61 Forsyth Street, SW, Authority: 2 U.S.C. 7401 et seq. without prior proposal because the Atlanta, Georgia 30303. Dated: April 1, 1999. Agency views this as a noncontroversial Copies of documents related to this revision and anticipates no adverse Felicia Marcus, action are available for the public to comments. A detailed rationale for this Regional Administrator, Region IX. review during normal business hours at approval is set forth in the direct final [FR Doc. 99–9713 Filed 4–19–99; 8:45 am] the locations below. If you would like rule. If no adverse comments are BILLING CODE 6560±50±P to review these documents, please make received, no further activity is an appointment with the appropriate contemplated. If EPA receives adverse office at least 24 hours before the comments, the direct final rule will be ENVIRONMENTAL PROTECTION AGENCY visiting day. Reference file TN 204–1– withdrawn and all public comments 9913a. The Region 4 office may have received will be addressed in a additional documents not available at subsequent final rule based on this 40 CFR Part 52 the other locations. proposed rule. The EPA will not [TN±204±1±9913b; FRL±6326±8] institute a second comment period. Any Environmental Protection Agency, parties interested in commenting should Approval and Promulgation of Region 4 Air Planning Branch, 61 do so at this time. Implementation Plans; Tennessee: Forsyth Street, SW, Atlanta, Georgia DATES: Written comments must be Approval of Revisions to the Memphis 30303. Steven M. Scofield, 404/562– received by May 20, 1999. Ozone Maintenance Plan 9034 ADDRESSES: Comments should be AGENCY: Environmental Protection Tennessee Department of Environment addressed to: Andrew Steckel, Agency (EPA). and Conservation, Division of Air Rulemaking Office, AIR–4, Air Division, ACTION: Proposed rule. Pollution Control, 9th Floor L & C U.S. Environmental Protection Agency, Annex, 401 Church Street, Nashville, Region IX, 75 Hawthorne Street, San SUMMARY: The EPA proposes to approve Tennessee 37243–1531. 615/532–0554 Francisco, CA 94105–3901. the State Implementation Plan (SIP) Copies of the rules and EPA’s revisions to the Memphis and Shelby Memphis and Shelby County Health evaluation reports of the rules are County Health Department (MSCHD) Department, 814 Jefferson Avenue, available for public inspection at EPA’s ozone (O3) maintenance plan submitted Memphis, Tennessee 38105. 901/576– Region 9 office during normal business by the State of Tennessee, through the 7600 hours. Copies of the submitted rules Tennessee Department of Environment FOR FURTHER INFORMATION CONTACT: revisions are also available for and Conservation (TDEC), on September Steven M. Scofield at 404/562–9034. inspection at the following locations: 18, 1997, with supplemental California Air Resources Board, information submitted on June 30, 1998. SUPPLEMENTARY INFORMATION: For Stationary Source Division, Rule The MSCHD revised their O3 additional information see the direct Evaluation Section, 2020 ‘‘L’’ Street, maintenance plan by adding new tables final rule which is published in the Sacramento, CA 95812. which correct errors made in the Rules section of this Federal Register. Sacramento Metropolitan Air Quality original base year inventory and Dated: March 25, 1999. Management District (SMAQMD), maintenance plan. These corrections 8475 Jackson Rd., Suite 200, impact the transportation conformity A. Stanley Meiburg, Sacramento, CA 95826–3904. budget for the greater Memphis Acting Regional Administrator, Region 4. Mojave Desert Air Quality Management Metropolitan Statistical Area. In the [FR Doc. 99–9715 Filed 4–19–99; 8:45 am] District, 21865 E. Copley Drive, Final rules section of this Federal BILLING CODE 6560±50±P Diamond Bar, CA 91765–4182. Register, the EPA is approving the Ventura County Air Pollution Control Tennessee SIP revision as a direct final District (VCAPCD), 800 South Victoria rule without prior proposal because the Avenue, Ventura, CA 93009. Agency views this as a noncontroversial FOR FURTHER INFORMATION CONTACT: Ed submittal and anticipates no adverse Addison, Rulemaking Office, AIR–4, Air comments. A detailed rationale for the Division, U.S. Environmental Protection approval is set forth in the direct final

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ENVIRONMENTAL PROTECTION Section (6PD–L), Multimedia Planning The EPA will not institute a second AGENCY and Permitting Division, Environmental comment period on this action. Protection Agency, Region 6, 1445 Ross DATES: 40 CFR Part 52 Avenue, Dallas, Texas 75202–2733, We must receive comments on this proposed rule by May 20, 1999. [TX 109±1±7412b; FRL±6329±1] telephone: (214) 665–7237. SUPPLEMENTARY INFORMATION: For ADDRESSES: Send written comments to: Rescission of the Conditional Section further information, please see the J. Elmer Bortzer, Chief, Regulation 182(f) Exemption to the Nitrogen information provided in the direct final Development Section, Air Programs Oxides (NOX) Control Requirements action of the same title that is located in Branch, (AR–18J), U.S. Environmental for the Dallas/Fort Worth Ozone the ‘‘Rules and Regulations’’ section of Protection Agency, Region 5, 77 West Nonattainment Area; Texas this Federal Register. Jackson Boulevard, Chicago, Illinois, AGENCY: Environmental Protection Authority: 42 U.S.C. 7401 et seq. 60604. Agency (EPA). Dated: April 14, 1999. You may inspect copies of the ACTION: Proposed rule. Carol M. Browner, documents relevant to this action during Administrator. normal business hours at the following SUMMARY: The EPA is proposing direct [FR Doc. 99–9869 Filed 4–19–99; 8:45 am] location: Regulation Development final rescission of the conditional BILLING CODE 6560±50±U Section, Air Programs Branch, (AR–18J), section 182(f) exemption to the NOX U.S. Environmental Protection Agency, control requirements for the Dallas/Fort Region 5, 77 West Jackson Boulevard, Worth ozone nonattainment area. ENVIRONMENTAL PROTECTION Chicago, Illinois, 60604. In the ‘‘Rules and Regulations’’ AGENCY section of this Federal Register, we are Please contact Patricia Morris at (312) rescinding the exemption as a direct 40 CFR Part 52 353–8656 before visiting the Region 5 final rule without prior proposal office. [OH 122±1b; FRL±6328±7] because we view this as a FOR FURTHER INFORMATION CONTACT: noncontroversial action and anticipate Approval and Promulgation of Patricia Morris, Environmental no adverse comment. We have Maintenance Plan Revisions; Ohio Scientist, Regulation Development explained our reasons for this rescission Section, Air Programs Branch (AR–18J), in the preamble to the direct final rule. AGENCY: Environmental Protection U.S. Environmental Protection Agency, If we receive no relevant adverse Agency (EPA). Region 5, 77 West Jackson Boulevard, comments, we will not take further ACTION: Proposed rule. action on this proposed rule. If we Chicago, Illinois 60604, (312) 353–8656. SUMMARY: We are proposing to approve receive relevant adverse comments, we SUPPLEMENTARY INFORMATION: This a March 18, 1999, request from Ohio for will withdraw the direct final rule and Supplementary Information section is a State Implementation Plan (SIP) it will not take effect. We will address organized as follows: all relevant public comments in a revision of the Stark County (Canton, subsequent final rule based on this Ohio) ozone maintenance plan. The What action is EPA taking today? proposed rule. We will not institute a maintenance plan revision establishes Where can I find more information about this proposal and the corresponding direct second comment period on this action. new transportation conformity mobile final rule? Any parties interested in commenting source emissions budgets for the year must do so at this time. 2005. We are approving the allocation of What Action Is EPA Taking Today? a portion of the safety margin for DATES: Written comments must be volatile organic compounds (VOCs) and received by May 20, 1999. In this action, we are proposing to oxides of nitrogen (NOX) to the area’s approve a revision to the maintenance ADDRESSES: Written comments should 2005 mobile source emissions budgets plan for Stark County, Ohio. The be addressed to Mr. Thomas H. Diggs, for transportation conformity purposes. revision will change the mobile source Chief, Air Planning Section (6PD–L), at This allocation will still maintain the the EPA Regional Office listed below. emission budget that is used for total emissions for the area at or below transportation conformity purposes. The Copies of the documents relevant to this the attainment level required by the proposed rule are available for public revision will keep the total emissions transportation conformity regulations. for the area at or below the attainment inspection during normal business In the Final Rules section of this level required by law. This action will hours at the following locations. Federal Register, EPA is approving the allow State or local agencies to maintain Interested persons wanting to examine State’s SIP revision, as a direct final rule air quality while providing for these documents should make an without prior proposal because the appointment with the appropriate office Agency views this as a noncontroversial transportation growth. at least 24 hours before the visiting day. revision and anticipates no adverse Where Can I Find More Information Environmental Protection Agency, comments. A detailed rationale for the About This Proposal and the Region 6, Air Planning Section (6PD– approval is set forth in the direct final Corresponding Direct Final Rule? L), Multimedia Planning and rule. If we receive no adverse comments Permitting Division, 1445 Ross in response to that direct final rule we For additional information see the Avenue, Dallas, Texas 75202–2733, plan to take no further activity in direct final rule published in the rules telephone: (214) 665–7214. relation to this proposed rule. If EPA section of this Federal Register. Texas Natural Resource Conservation receives significant adverse comments, Dated: April 8, 1999. Commission, Office of Air Quality, in writing, which have not been 12124 Park 35 Circle, Austin, Texas addressed, we will withdraw the direct David A. Ullrich, 78753. final rule and address all public Acting Regional Administrator, Region 5. FOR FURTHER INFORMATION CONTACT: Mr. comments received in a subsequent [FR Doc. 99–9867 Filed 4–19–99; 8:45 am] Herbert R. Sherrow, Jr., Air Planning final rule based on this proposed rule. BILLING CODE 6560±50±P

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ENVIRONMENTAL PROTECTION FOR FURTHER INFORMATION CONTACT: B, Ventura, California 93003. Comments AGENCY Karla McCorkle at (404) 562–9043 or and materials received will be available Scott Davis at (404) 562–9127. for public inspection by appointment 40 CFR Part 62 SUPPLEMENTARY INFORMATION: See the during normal business hours at the [KY 111±9914b; FRL±6325±9] information provided in the Direct Final address listed above. action which is located in the Rules FOR FURTHER INFORMATION CONTACT: Carl Approval and Promulgation of State Section of this Federal Register. Benz, Assistant Field Supervisor, Plans for Designated Facilities and Dated: March 24, 1999. Ventura Fish and Wildlife Office, at the Pollutants: Kentucky A. Stanley Meiburg, address listed above (telephone 805/ 644–1766; facsimile 805/644–3958). AGENCY: Environmental Protection Acting Regional Administrator, Region 4. SUPPLEMENTARY INFORMATION: Agency (EPA). [FR Doc. 99–9596 Filed 4–19–99; 8:45 am] ACTION: Proposed rule. BILLING CODE 6560±50±P Background SUMMARY: EPA proposes to approve the For a discussion of biological Section 111(d) Plan submitted by the background information, previous DEPARTMENT OF THE INTERIOR Kentucky Division for Air Quality Federal action, factors affecting the species, critical habitat, and (DAQ) for the Commonwealth of Fish and Wildlife Service Kentucky on December 3, 1998, for conservation measures available to implementing and enforcing the 50 CFR Part 17 listed and proposed species, consult the Emissions Guidelines applicable to emergency rule for the Sierra Nevada existing Municipal Solid Waste RIN 1018±AF59 distinct population segment of California bighorn sheep published Landfills. The Plan was submitted by Endangered and Threatened Wildlife the Kentucky DAQ to satisfy certain concurrently in this issue of the Federal and Plants; Proposed Rule To List the Register. Federal Clean Air Act requirements. In Sierra Nevada Distinct Population the Final Rules Section of this Federal Segment of California Bighorn Sheep Public Comments Solicited Register, EPA is approving the as Endangered Kentucky State Plan submittal as a We intend that any final action direct final rule without prior proposal AGENCY: Fish and Wildlife Service, resulting from this proposal will be as because the Agency views this as a Interior. accurate and as effective as possible. Therefore, we solicit comments or noncontroversial submittal and ACTION: Proposed rule. anticipates that it will not receive any suggestions from the public, other significant, material, and adverse SUMMARY: We, the U.S. Fish and concerned governmental agencies, the comments. A detailed rationale for the Wildlife Service (Service), propose to scientific community, industry, or any approval is set forth in the direct final make permanent the provisions of the other interested party concerning this rule. If no significant, material, and emergency rule listing the Sierra Nevada proposed rule. We particularly seek adverse comments are received in distinct population segment of comments concerning: response to this rule, no further activity California bighorn sheep (Ovis (1) Biological, commercial trade, or is contemplated in relation to this canadensis californiana) as an other relevant data concerning any proposed rule. If EPA receives adverse endangered species pursuant to the threat (or lack thereof) to this species; comments, the direct final rule will be Endangered Species Act of 1973, as (2) The location of any additional withdrawn and all public comments amended (Act). The emergency rule populations of this species and the received will be addressed in a listing the population is published reasons why any habitat should or subsequent final rule based on this concurrently in this issue of the Federal should not be determined to be critical proposed rule. EPA will not institute a Register. The population historically habitat as provided by section 4 of the second comment period on this action. occurred only in the Sierra Nevada in Act; (3) Additional information concerning DATES: Comments must be received in California from Sonora Pass, Mono County south to Walker Pass, Kern the range, distribution, and population writing by May 20, 1999. size of this species; and ADDRESSES: Written comments should County. Currently, the Sierra Nevada bighorn sheep is known from five (4) Current or planned activities in the be addressed to Karla McCorkle at the subject area and their possible impacts EPA Regional Office listed below. disjunct subpopulations along the eastern escarpment of the Sierra Nevada on this species. Copies of the documents relevant to this In making any final decision on this in Mono and Inyo counties, California. proposed rule are available for public proposal we will take into consideration A total of about 100 animals are known inspection during normal business the comments and any additional to exist. All five subpopulations are hours at the following locations. The information we receive, and such imminently threatened by mountain interested persons wanting to examine communications may lead to a final lion predation and disease. We solicit these documents should make an regulation that differs from this additional data and information that appointment with the appropriate office proposal. at least 24 hours before the day of the may assist us in making a final decision The Act requires that a public hearing visit. on this proposed action. be held if requested within 45 days of Environmental Protection Agency, DATES: Comments from all interested the date of publication of a proposed Region 4, Air Planning Branch, 61 parties must be received by June 21, rule. Forsyth Street, SW, Atlanta, Georgia 1999. Public hearing requests must be 30303–8960. received by June 4, 1999. National Environmental Policy Act Division for Air Quality, Department ADDRESSES: Submit comments and We have determined that an for Environmental Protection, Natural materials concerning this proposal to Environmental Assessment or Resources and Environmental the Field Supervisor, U.S. Fish and Environmental Impact State, as defined Protection Cabinet, 803 Schenkel Lane, Wildlife Service, Ventura Fish and under the authority of the National Frankfort, Kentucky 40601. Wildlife Office, 2493 Portola Rd., Suite Environmental Policy Act of 1969, need

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Species Vertebrate popu- Historic range lation where endan- Status When listed Critical Special Common name Scientific name gered or threatened habitat rules

Mammals:

******* Sheep, Sierra Ne- Ovis canadensis U.S.A. (western U.S.A. (CAÐSierra E NA NA vada bighorn. californiana. conterminous Nevada). states), Canada (southwest), Mex- ico (north).

*******

Dated: April 14, 1999. Jamie Rappaport Clark, Director, Fish and Wildlife Service. [FR Doc. 99–9936 Filed 4–19–99; 8:45 am] BILLING CODE 4310±55±P

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Notices Federal Register Vol. 64, No. 75

Tuesday, April 20, 1999

This section of the FEDERAL REGISTER Animal Care, APHIS, 4700 River Road, (1) Evaluate whether the proposed contains documents other than rules or Unit 84, Riverdale, MD 20737–1234, collection of information is necessary proposed rules that are applicable to the (301) 734–7833; or e-mail: for the proper performance of the public. Notices of hearings and investigations, [email protected]. For copies functions of the agency, including committee meetings, agency decisions and of more detailed information on the whether the information will have rulings, delegations of authority, filing of petitions and applications and agency information collection, contact Ms. practical utility; statements of organization and functions are Cheryl Groves, Agency Support Services (2) Evaluate the accuracy of our examples of documents appearing in this Specialist, at (301) 734–5086. estimate of the burden of the proposed section. SUPPLEMENTARY INFORMATION: collection of information, including the Title: Horse Protection. validity of the methodology and OMB Number: 0579–0056. assumptions used; DEPARTMENT OF AGRICULTURE Expiration Date of Approval: (3) Enhance the quality, utility, and September 30, 1999. clarity of the information to be Animal and Plant Health Inspection Type of Request: Extension of collected; and Service approval of an information collection. (4) Minimize the burden of the Abstract: The practice known as [Docket No. 99±007±1] collection of information on those who ‘‘soring’’ is the causing of pain in are to respond, through use, as Notice of Request for Extension of Tennessee Walking horses and other appropriate, of automated, electronic, Approval of an Information Collection gaited horses in order to affect their mechanical, or other collection performance. The Horse Protection Act technologies e.g., permitting electronic AGENCY: Animal and Plant Health (HPA) (15 U.S.C. 1821 et seq.) was submission of responses. Inspection Service, USDA. enacted to eliminate soring by Estimate of burden: The public ACTION: Extension of approval of an prohibiting the showing, exhibition, reporting burden for this collection of information collection; comment transport, or sale of sore horses. information is estimated to average .177 request. Exercising its rulemaking and hours per response. enforcement authority under the HPA, Respondents: Horse industry SUMMARY: In accordance with the the Animal and Plant Health Inspection organizations, DQP programs, and horse Paperwork Reduction Act of 1995, this Service (APHIS) issues and enforces show management. notice announces the Animal and Plant regulations regarding horse protection. Estimated annual number of Health Inspection Service’s intention to In 1979, in response to an amendment respondents: 650. request an extension of approval of an to the HPA, APHIS issued regulations Estimated annual number of information collection in support of the under which horse show management responses for respondent: 11.07. Horse Protection Program. must hire individuals to conduct Estimated total annual burden on DATES: We invite you to comment. We preshow inspections, in order to avoid respondents: 7,195 hours. (Due to will consider all comments that we liability under the HPA if sore horses rounding, the total annual burden hours receive by June 21, 1999. are shown or exhibited. These may not equal the product of the annual individuals are referred to as designated ADDRESSES: Send comments regarding number of responses multiplied by the qualified persons (DQPs). DQPs are the accuracy of burden estimate, ways to average reporting burden per response.) trained and licensed only under minimize the burden (such as through All responses to this notice will be industry-sponsored DQP programs that the use of automated collection summarized and include in the request APHIS certifies and monitors, and that techniques or other forms of information for OMB approval. All comments will are currently run by horse industry technology), or any other aspect of this also become a matter of public record. organizations. collection of information to: Docket No. Done in Washington, DC, this 15th day of Enforcement of the HPA and its April 1999. 99–007–1, Regulatory Analysis and related regulations depends on Development, PPD, APHIS, suite 3C03, inspections of horses by DQPs and by Joan M. Arnoldi, 4700 River Road, Unit 118, Riverdale, APHIS officials. In order for APHIS to Acting Administrator, Animal and Plant MD 20737–1238. Please send an original monitor whether enforcement by DQPs Health Inspection Service. and three copies, and state that your and Department-certified DQP programs [FR Doc. 99–9848 Filed 4–19–99; 8:45 am] comments refer to Docket No. 99–007– is effective, it is necessary that DQPs, BILLING CODE 3410±34±P 1. Comments received may be inspected DQP programs, and horse show at USDA, room 1141, South Building, management maintain or submit to DEPARTMENT OF AGRICULTURE 14th Street and Independence Avenue APHIS records related to inspections at SW, Washington, DC, between 8 a.m. horse shows, as well as information Food Safety and Inspection Service and 4:30 p.m., Monday through Friday, regarding the certified programs. except holidays. Persons wishing to No official government form is [Docket No. 99±020N] inspect comments are requested to call necessary for the reporting and ahead on (202) 690–2817 to facilitate recordkeeping required. National Advisory Committee on Meat entry into the comment reading room. The purpose of this notice is to solicit and Poultry Inspection; Public Meeting FOR FURTHER INFORMATION CONTACT: For comments from the public (as well as AGENCY: Food Safety and Inspection information regarding the Horse affected agencies) concerning such Service, USDA. Protection Program, contact Dr. Richard information collection. These comments ACTION: Notice. Watkins, Initiatives Coordinator, are invited to help us:

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SUMMARY: The Food Safety and the Poultry Products Inspection Act. DEPARTMENT OF AGRICULTURE Inspection Service(FSIS)is announcing The FSIS Administrator is the that the National Advisory Committee Committee Chair. Committee Forest Service on Meat and Poultry Inspection will be membership is drawn from meeting to discuss five new issues: (1) representatives of consumer groups, Blue Mountains Natural Resources Qualifications of government and producers, processors, academia, and Institute, Board of Directors, Pacific industry personnel in establishments marketers from the meat and poultry Northwest Research Station, Oregon which have implemented the Hazard industry and State government officials. AGENCY: Forest Service, USDA. Analysis and Critical Control Point The newly appointed members of the ACTION: Notice of meeting. (HACCP) system; (2) Using Committee are: Campylobacter as a performance SUMMARY: The Blue Mountain Natural standard; (3) Elimination of all Terry Burkhardt, Wisconsin Bureau of Meat Safety and Inspection Resources Institute (BMNRI) Board of exemptions from Federal inspection; (4) Directors will meet on June 1, 1999, at Mandatory inspection of all animal flesh Dr. James Denton, University of Agriculture Service Center Conference foods; and (5) Conceptual framework for Arkansas Room, 10507 N. McAlister Road, La producing food that is risk free. All Caroline Smith-DeWaal, Center for Grande, Oregon. The meeting will begin interested persons are welcome to Science in the Public Interest at 9 a.m. and continue until 3:30 p.m. attend the public meeting and to submit Nancy Donley, Safe Tables Our Priority Agenda items to be covered will written comments and suggestions on include: (1) Subcommittee presentation these and other issues the Committee Dr. Cheryl Hall, Zacky Farms, Inc. on new Institute direction (and might consider. Dr. Daniel E. LaFontaine, South discussion and decision), and (2) public DATES: The meeting will be held on May Carolina Meat-Poultry Inspection comments. All BMNRI Board Meetings 5 and 6, 1999. The full Committee will Department are open to the public. Interested meet from 8:30 a.m. to 5:15 p.m. on May citizens are encouraged to attend. 5 and 6. Subcommittees will meet from Rosemary Mucklow, National Meat Association Members of the public who wish to 7:00 p.m. to 9:00 p.m. on May 5 to make a brief oral presentation at the continue work on issues discussed Dr. Dale Morse, New York Office of meeting, should contact Larry during the full Committee meeting. Public Health Hartmann, BMNRI, 1401 Gekeler Lane, ADDRESSES: The meeting will be held at Carol Tucker Foreman, Safe Food La Grande, Oregon 97850, 541–962– the Quality Hotel & Suites, Courthouse Coalition 6537, no later than 5:00 p.m. May 28, Plaza, 1200 North Courthouse Road, Kathleen L. Hanigan, Farmland Foods, 1999, to have time reserved on the Arlington, VA 22201; telephone (703) Inc. agenda. 524–4000. The full Committee will meet FOR FURTHER INFORMATION CONTACT: Collette Schultz Kaster, Premium in the Jefferson Room; subcommittees Direct questions regarding this meeting Standard Farms will meet in the Conference Center to Larry Hartmann, Manager, BMNRI, rooms. Submit written comments on the Dr. Gary Weber, National Cattleman’s 1401 Gekeler Lane, La Grande, Oregon discussion topics to the FSIS Docket Beef Association 97850, 541–962–6537. Clerk, Docket No. 99–020N, Room 102, Dr. Alice Hurlbert Johnson, National Cotton Annex Building, 300 12th Street, Dated: April 6, 1999. Turkey Federation SW, Washington, DC 20250–3700. The Lawrence A. Hartmann, comments and official transcript of the Michael M. Mamminga, Iowa Manager. meeting will be kept in the Docket Department of Agriculture and Land [FR Doc. 99–9771 Filed 4–19–99; 8:45 am] Clerk’s office when they become Stewardship BILLING CODE 3410±11±M available, and the Docket Clerk’s office Dr. Lee C. Jan, Texas Department of will be open between 8:30 a.m. and 4:30 Health p.m., Monday through Friday. Walter E. Juzenas, American Public FOR FURTHER INFORMATION CONTACT: DEPARTMENT OF COMMERCE Mr. Health Association Michael Micchelli at (202) 720–6269, by FAX at (202) 690–1030, or E-mail to The Committee deliberates on specific Bureau of Export Administration issues and makes recommendations to [email protected]. A Action Affecting Export Privileges; schedule of events is available on the the whole Committee and the Secretary Khaled Khalil El-Awar; Order Denying FSIS Homepage at http:// of Agriculture. The meeting is open to Permission To Apply For or Use Export www.fsis.usda.gov. Persons needing sign the public on a space-available, first- Licenses language interpreters or other special come basis. Registration is required and accommodations should contact Mr. will take place at the meeting. Pre- On August 5, 1995 Khaled Khalil El- Micchelli’s office no later than April 29, registration is not required. Interested Awar (Khaled El-Awar) was convicted 1999. persons will have an opportunity to in the United States District Court for SUPPLEMENTARY INFORMATION: discuss issues relating to the activities the Southern District of Texas, Houston On March 22, 1999, the Secretary of of the Committee and may file Division, on one count of violating the Agriculture renewed the charter for the comments as discussed above in International Emergency Economic National Advisory Committee on Meat ADDRESSES. Powers Act (50 U.S.C.A. 1701–1706 and Poultry Inspection. The Committee Done at Washington, DC, on: April 14, (1991 & Supp. 1998) ) (IEEPA). provides advice and recommendations 1999. Specifically, Khaled El-Awar was to the Secretary on Federal and State convicted of knowingly and willfully meat and poultry programs pursuant to Thomas J. Billy, exporting and causing to be exported sections 7(c), 24, 205, and 301(c) of the Administrator. from the United States to Rotterdam, Federal Meat Inspection Act and [FR Doc. 99–9959 Filed 4–19–99; 8:45 am] Holland, for transshipment to Libya, sections 5(a)(3), 5(c), 8(b), and 11(e) of BILLING CODE 3410±DM±P steel pipe and oil field accessories.

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Section 11(h) of the Export directly or indirectly, participate in any maintenance, repair, modification or Administration Act of 1979, as amended way, in any transaction involving any testing. (currently codified at 50 U.S.C.A. app. commodity, software or technology III. After notice and opportunity for §§ 2401–2420 (1991 & Supp. 1998) ) (the (hereinafter collectively referred to as comment as provided in section 766.23 Act),1 provides that, at the discretion of ‘‘item’’) exported or to be exported from of the Regulations, any person, firm, the Secretary of Commerce,2 no person the United States, that is subject to the corporation, or business organization convicted of violating the IEEPA, or Regulations, or in any other activity related to Khaled El-Awar by affiliation, certain other provisions of the United subject to the Regulations, including, ownership, control, or position of States Code, shall be eligible to apply but not limited to: responsibility in the conduct of trade or for or use any license, including any A. Applying for, obtaining, or using related services may also be subject to License Exception, issued pursuant to, any license, License Exception, or the provisions of this Order. or provided by, the Act or the Export export control document; IV. This Order does not prohibit any Administration Regulations (currently B. Carrying on negotiations export, reexport, or other transaction codified at 15 CFR Parts 730–774 concerning, or ordering, buying, subject to the Regulations where the (1998) ) (the Regulations), for a period of receiving, using, selling, delivering, only items involved that are subject to up to 10 years from the date of the storing, disposing of, forwarding, the Regulations are the foreign- conviction. In addition, any license transporting, financing, or otherwise produced direct product of U.S.-origin issued pursuant to the Act in which servicing in any way, any transaction technology. such a person had any interest at the involving any item exported or to be V. This Order is effective immediately time of conviction may be revoked. exported from the United States that is and shall remain in effect until August Pursuant to sections 766.25 and subject to the Regulations, or in any 5, 2003. 750.8(a) of the Regulations, upon other activity to the Regulations; or VI. A copy of this Order shall be notification that a person has been C. Benefiting in any way from any delivered to Khaled El-Awar. This Order convicted of violating the IEEPA, the transaction involving any item exported shall be published in the Federal Director, Office of Exporter Services, in or to be exported from the United States Register. that is subject to the Regulations, or in consultation with the Director, Office of Dated: April 12, 1999. Export Enforcement, shall determine any other activity subject to the Eileen M. Albanese, whether to deny that person permission Regulations. to apply for or use any license, II. No person may do, directly or Director, Office of Exporter Services. including any License Exception, issued indirectly, any of the following: [FR Doc. 99–9889 Filed 4–19–99; 8:45 am] pursuant to, or provided by, the Act or A . Export or reexport to or on behalf BILLING CODE 3510±DT±M the Regulations, and shall also of the denied person any item subject to determine whether to revoke any license the Regulations; B. Take any action that facilitates the DEPARTMENT OF COMMERCE previously issued to such a person. acquisition or attempted acquisition by Having received notice of Khaled El- the denied person of the ownership, International Trade Administration Awar’s conviction for violating the possession, or control of any item IEEPA, and following consultations subject to the Regulations that has been [A±557±805] with the Director, Office of Export or will be exported from the United Enforcement, I have decided to deny States, including financing or other Extruded Rubber Thread From Khaled El-Awar permission to apply for support activities related to a Malaysia; Amended Final Results of or use any license, including any transaction whereby the denied person Antidumping Duty Administrative License Exception, issued pursuant to, acquires or attempts to acquire such Review or provided by, the Act and the ownership, possession or control; AGENCY: Import Administration, Regulations, for a period of eight years C. Take any action to acquire from or International Trade Administration, from the date of his conviction. The to facilitate the acquisition or attempted Department of Commerce. eight-year period ends on August 5, acquisition from the denied person of 2003. I have also decided to revoke all any item subject to the Regulations that EFFECTIVE DATE: April 20, 1999. licenses issued pursuant to the Act in has been exported from the United FOR FURTHER INFORMATION CONTACT: which Khaled El-Awar had an interest States; Shawn Thompson or Irina Itkin, AD/ at the time of his conviction. D. Obtain from the denied person in CVD Enforcement Group II, Office 5, Accordingly, it is hereby the United States any item subject to the Import Administration, International Ordered Regulations with knowledge or reason Trade Administration, U.S. Department to know that the item will be, or in I. Until August 5, 2003, Khaled Khalil of Commerce, 14th Street and intended to be, exported from the El-Awar, 8000 Cook Road, Apartment Constitution Avenue, NW, Washington, United States; or #314, Houston, Texas 77072, may not, DC 20230; telephone (202) 482–1776 or E. Engage in any transaction to serve (202) 482–0656, respectively. any item subject to the Regulations that 1 The Act expired on August 20, 1994. Executive Applicable Statute and Regulations Order 12924 (3 CFR, 1994 Comp. 917 (1995)), has been or will be exported from the extended by Presidential Notices of August 15, 1995 United States and which is owned, Unless otherwise indicated, all (3 CFR, 1995 Comp. 501 (1996)), August 14, 1996 possessed or controlled by the denied citations to the Act are references to the (3 CFR, 1996 Comp. (1997)), August 13, 1997 (3 person, or service any item, of whatever provisions effective January 1, 1995, the CFR, 1997 Comp. 306 (1998)), and August 13, 1998 (63 Fed. Reg. 4412, August 17, 1998), continued the origin, that is owned, possessed or effective date of the amendments made Export Administration Regulations in effect under controlled by the denied person if such to the Act by the Uruguay Round the IEEPA. service involves the use of any item Agreements Act (URAA). In addition, 2 Pursuant to appropriate delegations of authority, subject to the Regulations that has been unless otherwise indicated, all citations the Director, Office of Exporter Services, in consolation with the Director, Office of Export or will be exported from the United to the Department’s regulations are to Enforcement, exercises the authority granted to the States. For purposes of this paragraph, the regulations codified at 19 CFR Part Secretary by Section 11(h) of the Act. serving means installation, 351 (1998).

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Amendment to Final Results or 18 gauge, in diameter. Extruded determined market price on April 1, In accordance with section 751(a) of rubber thread is currently classifiable 1999, and use it to determine the quota the Act, on March 16, 1999, the under subheading 4007.00.00 of the applicable to Uzbekistan during the Department published the final results Harmonized Tariff Schedule of the period of October 13, 1998 to October of the 1996–1997 administrative review United States (HTSUS). The HTSUS 12, 1999. Consistent with the February on extruded rubber thread from subheadings are provided for 22, 1993 letter of interpretation, the Malaysia, in which we determined that convenience and customs purposes. The Department provided interested parties sales of extruded rubber thread from written description of the scope of this with the applicable preliminary price Malaysia were made at less than normal review is dispositive. determination on March 26, 1999. No value (64 FR 12967). Also on March 16, This administrative review and notice interested party submited comments. are in accordance with section 751(a)(1) 1999, we received allegations, timely Calculation Summary of the Act (19 U.S.C. 1675(a)(1)), section filed pursuant to 19 CFR 351.224(c)(2), Sections IV.C.1. of these agreements from Filati Lastex Sdn. Bhd. (Filati) and 777(i) of the Act (19 U.S.C. 1677f(i)), and 19 CFR 351.210(c). specify how the components of the Heveafil Sdn. Bhd./Filmax Sdn. Bhd. market price are to be determined. In (Heveafil) that the Department made Dated: April 14, 1999. order to determine the spot market two ministerial errors in its final results. Richard W. Moreland, price, the Department utilized the We did not receive comments from Acting Assistant Secretary for Import monthly average of the Uranium Price Rubberflex Sdn. Bhd. (Rubberflex), Administration. Information System Spot Price Indicator Rubfil Sdn. Bhd. (Rubfil), or the [FR Doc. 99–9878 Filed 4–19–99; 8:45 am] (UPIS SPI) and the weekly average of petitioner. BILLING CODE 3510±DS±P the Uranium Exchange Spot Price (Ux After analyzing the submissions, we Spot). In order to determine the long- have determined, in accordance with 19 term market price, the Department CFR 351.224, that a ministerial error DEPARTMENT OF COMMERCE utilized the weighted-average long-term was made in our final margin price as determined by the Department International Trade Administration calculation for Heveafil. Specifically, we on the basis of information provided by find that we failed to incorporate in our [A±835±802, A±844±802] market participants and a simple calculation a revision to U.S. insurance average of the UPIS U.S. Base Price for expenses for purposes of the final Agreement Suspending the the months in which there were new results. Regarding the other error alleged Antidumping Investigation on Uranium contracts reported. by Filati and Heveafil, however, we from Kyrgyzstan and Uzbekistan The Department’s letters to market determined that the allegation actually participants provided a contract AGENCY: Import Administration, questioned the Department’s summary sheet and directions methodology underlying the calculation International Trade Administration, U.S. Department of Commerce. requesting the submitter to report his/ of uncollected duties. Consequently, we her best estimate of the future price of ACTION: have determined that this allegation Notice of price determination on merchandise to be delivered in does not constitute a ministerial error as uranium from Kyrgyzstan and accordance with the contract delivery defined in 19 CFR 351.224(g). For a Uzbekistan. schedules (in U.S. dollars per pound detailed discussion of the ministerial SUMMARY: Pursuant to Section IV.C.1. of U3O8 equivalent). Using the information error allegations and the Department’s the agreements suspending the reported in the proprietary summary analysis, see the memorandum to Louis antidumping investigation on uranium sheets, the Department calculated the Apple from the Team, dated April 12, from Kyrgyzstan and Uzbekistan, as present value of the prices reported for 1999. amended, (antidumping suspension any future deliveries assuming an Therefore, in accordance with 19 CFR agreement on uranium from Kyrgyzstan annual inflation rate of 1.51 percent, 351.224(e), we are amending the final and Uzbekistan), the Department of which was derived from a rolling results of the 1996–1997 antidumping Commerce (the Department) calculated average of the annual Gross Domestic duty administrative review on extruded a price for uranium of $10.05/pound of Product Implicit Price Deflator index rubber thread from Malaysia. U3O8 for the relevant period, as from the past four years. The The revised weight-averaged dumping Department then calculated weight- margins are as follows: appropriate. This price will be used, as appropriate, according to Section IV.A. averaged annual prices according to the specified nominal delivery volumes for Original Revised of the Uzbek agreement. Exporter/manufac- final mar- final mar- EFFECTIVE DATE: April 1, 1999. each year to arrive at the long-term contract price. The Department then turer gin per- gin per- FOR FURTHER INFORMATION CONTACT: centage centage calculated a simple average of the UPIS Letitia Kress, Office of Antidumping U.S. Base Price and the long-term Countervailing Duty Enforcement— Filati ...... 2.07 2.07 contract price as determined by the Group III, Import Administration, Heveafil ...... 4.78 4.77 Department. Rubberflex ...... 1.22 1.22 International Trade Administration, Rubfil ...... 54.31 54.31 U.S. Department of Commerce, 14th Weighting Street & Constitution Ave., NW, The Department used the average spot Scope of the Review Washington, DC 20230; telephone: (202) and long-term volumes of U.S. utility The product covered by this review is 482–6412. and domestic supplier purchases, as extruded rubber thread. Extruded rubber Price Calculation reported by the Energy Information thread is defined as vulcanized rubber Administration (EIA) to weight the spot thread obtained by extrusion of stable or Background and long-term components of the concentrated natural rubber latex of any Sections IV.C.1. of the antidumping observed price. In this instance, we have cross sectional shape, measuring from suspension agreements on uranium used the purchase data from the period 0.18 mm, which is 0.007 inch or 140 from Kyrgyzstan and Uzbekistan 1994–1997 since the EIA information for gauge, to 1.42 mm, which is 0.056 inch prescribe that the Department issue its 1998 is not available. During this

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We have updated the data to reflect the FOR FURTHER INFORMATION CONTACT: Paul DEPARTMENT OF COMMERCE period 1994 through 1997. The EIA has J. Howard, Executive Director, New withheld certain business proprietary England Fishery Management Council; National Oceanic and Atmospheric contract data from the public versions of (781) 231–0422. Requests for special Administration accommodations should be addressed to the Uranium Industry Annual 1994, [I.D. 041499D] Uranium Industry Annual 1995, the New England Fishery Management Uranium Industry Annual 1996 and the Council, 5 Broadway, Saugus,MA South Atlantic Fishery Management Uranium Industry Annual 1997. The 01906–1036; telephone: (781) 231–0422. Council; Public Meeting EIA, however, provided all business SUPPLEMENTARY INFORMATION: proprietary data to the Department and AGENCY: National Marine Fisheries the Department has used it to update its Meeting Dates and Agendas Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), weighting calculation. Tuesday, May 4, 1999, 9:30 a.m.— Commerce. Interspecies Committee Meeting Calculation Announcement ACTION: Notice of public meeting. Location: Kings Grant Inn, Trask Road The Department determined, using (Route 128 North), Danvers, MA 01923; the methodology and information SUMMARY: The South Atlantic Fishery telephone: (978) 774–6800; fax: (978) Management Council’s (Council) Marine described above, that the observed 774–6502. market price is $10.05. This reflects an Reserves Advisory Panel (AP) and average spot market price of $9.58, The committee will discuss the issues Marine Reserves Committee weighted at 77.66 percent, and an of managing capacity and latent effort in (Committee), will hold a public meeting. average long-term contract price of New England fisheries; ranking of DATES: The meeting will be held on $11.72, weighted at 22.34 percent. This committee priorities; changing the start Monday, May 3, 1999, from 1:00 p.m. price will be used, as appropriate, to of the fishing year for various fisheries until 5:30 p.m.; Tuesday, May 4, 1999, determine quota availability for and review and discuss unresolved from 8:30 a.m. until 5:30 p.m., and purposes of Section IV.A. of the Uzbek issues from the vessel permit Wednesday, May 5, 1999, from 8:30 a.m. agreement. consistency amendment. until 12:00 noon. Wednesday, May 5, 1999, 9:30 a.m.— ADDRESSES: The meeting will be held at Dated: April 1, 1999. Joint Habitat Advisors and Committee Roland L. MacDonald, the Town and Country Inn, 2001 Meeting Savannah Highway, Charleston, SC; Acting Deputy Assistant Secretary, Location: Kings Grant Inn, Trask Road Enforcement Group III. telephone: 843–571–1000. (Route 128 North), Danvers, MA 01923; Council address: South Atlantic [FR Doc. 99–9879 Filed 4–19–99; 8:45 am] telephone: (978) 774–6800; fax: (978) Fishery Management Council, One BILLING CODE 3510±DS±P 774–6502. Southpark Circle, Suite 306, Charleston, Review of 1999 Habitat Annual SC 29407–4699. DEPARTMENT OF COMMERCE Review Report; consideration of FOR FURTHER INFORMATION CONTACT: additional Habitat Area of Particular Susan Buchanan, Public Information National Oceanic and Atmospheric Concern designations and measures to Officer; telephone: (843)571–4366; fax: Administration protect essential fish habitat; (843)769–4520; email: identification of habitat-related issues to [email protected]. [I.D. 041399B] be addressed during development of the SUPPLEMENTARY INFORMATION: The next groundfish and sea scallop purpose of the meeting is to review the New England Fishery Management amendments. Council; Public Meetings Council’s objectives and approach Although other issues not contained regarding possible utilization of reserves AGENCY: National Marine Fisheries in this agenda may come before the in the south Atlantic region, as well as Service (NMFS), National Oceanic and Council for discussion, in accordance hear presentations on Gray’s Reef and Atmospheric Administration (NOAA), with the Magnuson-Stevens Fishery the Florida Keys National Marine Commerce. Conservation and Management Act, Sanctuary/Tortugas 2000. The AP and ACTION: Notice of public meetings. those issues may not be the subject of Committee will discuss the role of the formal action during this meeting. AP, as well as the Council’s paper on SUMMARY: The New England Fishery Action will be restricted to those issues ‘‘Use of Marine Reserves in the South Management Council (Council) is specifically identified in this notice. Atlantic Council’s Area of Authority’’, scheduling a number of public meetings Special Accommodations including the goal, criteria, law of its oversight committees and advisory enforcement, outreach, and panels in May, 1999 to consider actions These meetings are physically development approach for marine affecting New England fisheries in the accessible to people with disabilities. reserves. The AP and Committee also exclusive economic zone (EEZ). Requests for sign language will make recommendations to the Recommendations from these groups interpretation or other auxiliary aids Council regarding these issues. will be brought to the full Council for should be directed to Paul J. Howard Although other issues not contained formal consideration and action, if (see ADDRESSES) at least 5 days prior to in this agenda may come before the AP appropriate. the meeting dates. and Committee for discussion, in

VerDate 23-MAR-99 16:22 Apr 20, 1999 Jkt 183247 PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 E:\FR\FM\20APN1.XXX pfrm07 PsN: 20APN1 19340 Federal Register / Vol. 64, No. 75 / Tuesday, April 20, 1999 / Notices accordance with the Magnuson-Stevens Please cite OMB Control No. 9000– SUMMARY: The Department of Defense Fishery Conservation and Management 0069, Indirect Cost Rates, in all (DoD) announces a meeting of the Act, those issues may not be the subject correspondence. Defense Partnership Council. Notice of of formal action during this meeting. FOR FURTHER INFORMATION CONTACT: this meeting is required under the Action will be restricted to those issues Linda Klein, Federal Acquisition Policy Federal Advisory Committee Act. This specifically identified in this notice. Division, GSA (202) 501–3775. meeting is open to the public. The agenda will include a discussion of an Special Accommodations SUPPLEMENTARY INFORMATION: initiative to examine labor relations This meeting is physically accessible A. Purpose training, and labor-management to people with disabilities. Requests for partnership affecting the Department’s sign language interpretation or other The contractor’s proposal of final civilian workforce and other topics auxiliary aids should be directed to the indirect cost rates is necessary for the related to the enhancement of Labor- Council Office (see ADDRESSES) at least establishment of rates used to reimburse Management partnerships throughout 5 days prior to the meeting date. the contractor for the costs of DoD and other related Partnership performing under the contract. The topics. Dated: April 15, 1999. supporting cost data are the cost DATE: The meeting is to be held May 19, Bruce C. Morehead, accounting information normally 1999, in room 1E801, Conference Room Acting Director, Office of Sustainable prepared by organizations under sound Fisheries, National Marine Fisheries Service. 7, the Pentagon, from 1:00 p.m. until management and accounting practices. 3:00 p.m. Comments should be received [FR Doc. 99–9864 Filed 4–19–99; 8:45 am] The proposal and supporting data is by May 12, 1999, in order to be BILLING CODE 3510±22±F used by the contracting official and considered at the May 19 meeting. auditor to verify and analyze the ADDRESSES: We invite interested indirect costs and to determine the final persons and organizations to submit DEPARTMENT OF DEFENSE indirect cost rates or to prepare the written comments or recommendations. Government negotiating position if Mail or deliver your comments or General Services Administration negotiation of the rates is required recommendations to Mr. Kenneth under the contract terms. Oprisko at the address shown below. National Aeronautics and Space B. Annual Reporting Burden Seating is limited and available on a Administration first-come, first-serve basis. Individuals Public reporting burden for this wishing to attend who do not possess an [OMB Control No. 9000±0069] collection of information is estimated to appropriate Pentagon building pass average 1 hour per completion, Submission for OMB Review; should call the below listed telephone including the time for reviewing number to obtain instructions for entry Comment Request Entitled Indirect instructions, searching existing data Cost Rates into the pentagon. Handicapped sources, gathering and maintaining the individuals wishing to attend should AGENCIES: Department of Defense (DOD), data needed, and completing and also call the below listed telephone General Services Administration (GSA), reviewing the collection of information. number to obtain appropriate and National Aeronautics and Space The annual reporting burden is accommodations. estimated as follows: Respondents, Administration (NASA). FOR FURTHER INFORMATION CONTACT: Mr. 2,469; responses per respondent, 1; total ACTION: Notice of request for an Kenneth Oprisko, Chief, Labor Relations extension to an existing OMB clearance. annual responses, 2,469; preparation Branch, Field Advisory Services hours per response, 1; and total Division, Defense Civilian Personnel SUMMARY: Under the provisions of the response burden hours, 2,469. Management Service, 1400 Key Blvd, Paperwork Reduction Act of 1995 (44 Obtaining Copies of Proposals Suite B–200, Arlington, VA 22209– U.S.C. Chapter 35), the Federal 5144, (703) 696–6301, ext. 704. Acquisition Regulation (FAR) Requester may obtain a copy of the Dated: April 14, 1999. Secretariat has submitted to the Office justification from the General Services of Management and Budget (OMB) a Administration, FAR Secretariat L.M. Bynum, request to review and approve an (MVRS), Room 4035, 1800 F Street, Alternate OSD Federal Register Liaison extension of a currently approved NW., Washington, DC 20405, telephone Officer, Department of Defense. information collection requirement (202) 208–7312. Please cite OMB [FR Doc. 99–9836 Filed 4–19–99; 8:45 am] concerning Indirect Cost Rates. A Control No. 9000–0069, Indirect Cost BILLING CODE 5001±10±M request for public comments was Rates, in all correspondence. published at 64 FR 6055, February 8, Dated: April 15, 1999. DEPARTMENT OF DEFENSE 1999. No comments were received. Edward C. Loeb, DATES: Comments may be submitted on Director, Federal Acquisition Policy Division. Office of the Secretary or before May 20, 1999. [FR Doc. 99–9840 Filed 4–19–99; 8:45 am] Revised Non-Foreign Overseas Per ADDRESSES: Comments regarding this BILLING CODE 6820±34±P burden estimate or any other aspect of Diem Rates this collection of information, including AGENCY: DoD, Per Diem, Travel and suggestions for reducing this burden, DEPARTMENT OF DEFENSE Transportation Allowance Committee. should be submitted to: FAR Desk Office of the Secretary ACTION: Notice of revised non-foreign Officer, OMB, Room 10102, NEOB, overseas per diem rates. Washington, DC 20503, and a copy to Defense Partnership Council Meeting the General Services Administration, SUMMARY: The Per Diem, Travel and FAR Secretariat (MVRS), 1800 F Street, AGENCY: Department of Defense. Transportation Allowance Committee is NW., Room 4035, Washington, DC publishing Civilian Personnel Per Diem ACTION: Notice of meeting. 20405. Bulletin Number 206. This bulletin lists

VerDate 23-MAR-99 16:22 Apr 20, 1999 Jkt 183247 PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 E:\FR\FM\20APN1.XXX pfrm07 PsN: 20APN1 Federal Register / Vol. 64, No. 75 / Tuesday, April 20, 1999 / Notices 19341 revisions in the per diem rates EFFECTIVE DATE: April 1, 1999. discontinued. Per Diem Bulletins prescribed for U.S. Government SUPPLEMENTARY INFORMATION: This published periodically in the Federal employees for official travel in Alaska, document gives notice of revisions in Register now constitute the only Hawaii, Puerto Rico, the Northern the per diem rates prescribed by the Per notification of revisions in per diem Mariana Islands and Possessions of the Diem Travel and Transportation rates to agencies and establishments United States. AEA changes announced Allowance Committee for non-foreign outside the Department of Defense. For in Bulletin Number 194 remain in effect. areas outside the continental United more information or questions about the Bulletin Number 206 is being published States. It supersedes Civilian Personnel per diem rates, please contact your local in the Federal Register to assure that Per Diem Bulletin Number 205. travel office. The text of the Bulletin travelers are paid per diem at the most Distribution of Civilian Personnel Per follows: current rates. Diem Bulletins by mail was BILLING CODE 5001±10±M

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[FR Doc. 99–9837 Filed 4–19–99; 8:45 am] BILLING CODE 5001±10±C

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DEPARTMENT OF DEFENSE point of contact caption of the original Pacific Daily News on Guam. Two notice. public scoping meetings were held on Department of the Army SUPPLEMENTARY INFORMATION: None. January 24, 1996 at the Governor of Guam Cabinet Conference Room, Armed Forces Epidemiological Board Gregory D. Showalter, Army Federal Register Liaison Officer. Executive Building, Adelup, Guam. The (AFEB) proposed action is the disposal of [FR Doc. 99–9819 Filed 4–19–99; 8:45 am] surplus Navy property for subsequent AGENCY: Office of the Surgeon General, BILLING CODE 3710±08±P DoD. reuse and redevelopment, in accordance with the 1990 Defense Base Closure and ACTION: Notice of meeting. Realignment Act, and the 1993 Base DEPARTMENT OF DEFENSE SUMMARY: In accordance with section Closure and Realignment Commission 10(a)(2) of Pub. L. 92–463, The Federal Department of the Navy recommendations. 1,933 acres (782.9 Advisory Committee Act, this hectares) have been declared surplus announces the forthcoming AFEB Notice of Public Hearing and and are the focus of this DEIS. NAS meeting. This Board will meet from Availability of the Draft Environmental Agana, now known as Tiyan, was 0730–1630 on Monday, 24 May 1999. Impact Statement (DEIS) for Disposal operationally closed on March 31, 1995. The purpose of the meeting is to address and Reuse of Naval Air Station (NAS) Approximately 6.6 acres (2.7 hectares) classified issues pertaining to the Agana, Guam of the total 2,031.6 acres (822.2 hectares) of land at NAS Agana are being current DoD 1999 Biological Warfare AGENCY: Department of the Navy, DOD. Threat List. The meeting location will transferred to other federal agencies. ACTION: Notice. be at the Institute for Defense Analysis, The former officer housing site consisting of 92 acres (37.3 hectares) Alexandria, Virginia. The meeting will SUMMARY: The Department of the Navy was not included in the 1993 base be closed to the public in accordance has prepared and filed with the U.S. closure for NAS Agana, however it was with section 552b(c) of Title 5, U.S.C., Environmental Protection Agency a later included as part of a 1995 base specifically subparagraph (1) thereof DEIS for disposal and reuse of NAS closure action and is proposed for and Title 5, U.S.C., appendix 1, Agana, Guam. A public hearing will be disposal under a separate disposal subsection 10(d). held for the purpose of receiving oral action. FOR FURTHER INFORMATION CONTACT: COL and written comments on the DEIS. The DEIS evaluates four reuse Benedict Diniega, AFEB Executive Federal, Government of Guam agencies, alternatives, each emphasizing various Secretary, Armed Forces and interested individuals are invited to types of development, e.g., commercial, Epidemiological Board, Skyline Six, be present at the hearing. industrial, open space/recreation, etc. 5109 Leesburg Pike, Room 682, Falls DATES: The meeting will be held on May All four reuse alternatives incorporate a Church, Virginia 22041–3258, (703) 13, 1999, at 7:00 p.m. master plan for expansion of the A. B. 681–8012/4. ADDRESSES: San Vicente/San Roke Won Pat Guam International Airport, SUPPLEMENTARY INFORMATION: None. Catholic Church, 229 San Roke Street, which occupies most of the station. The Gregory D. Showalter, Barrigada, Guam 96913. reuse alternatives also include roadway improvements, provision of a site for Army Federal Register Liaison Officer. FOR FURTHER INFORMATION CONTACT: Mr. use by the homeless, and transfer of [FR Doc. 99–9818 Filed 4–19–99; 8:45 am] John Bigay (PLN231JB), Pacific Division, easements to the Guam International BILLING CODE 3710±08±M Naval Facilities Engineering Command, Airport Authority. A fifth alternative, no 258 Makalapa Drive, Suite 100, Pearl action, assumes no disposal of property Harbor, HI 96860–3134, telephone (808) and retention of the station by Navy in DEPARTMENT OF DEFENSE 471–9338, facsimile (808) 474–5909. caretaker status. Under the No Action SUPPLEMENTARY INFORMATION: Department of the Army; Corps of Pursuant alternative, civilian airport operations Engineers to Section 102(2)(c) of the National would continue under a joint use Environmental Policy Act of 1969, as agreement, but there would be no Intent To Prepare an Integrated implemented by the Council on airport expansion and no onsite Feasibility Report/Environmental Environmental Quality regulations (40 roadway improvements. Current leases Impact Statement for Environmental CFR Parts 1500–1508), the Department of other property on the station to the Restoration and Flood Control in the of the Navy (Navy) and its cooperating Government of Guam would continue Sand Creek Watershed Near Wahoo, agency, the Federal Aviation until their expiration. NE Administration (FAA), have prepared The base reuse plan recommended by and filed with the U.S. Environmental the Komitea Para Tiyan, a committee AGENCY: Army Corps of Engineers, DoD. Protection Agency (EPA) the DEIS for appointed by the Local Redevelopment ACTION: Correction. Disposal and Reuse of NAS Agana, Authority, was approved by the Guam. A public hearing will be held for Governor of Guam. It includes the SUMMARY: In previous Federal Register the purpose of receiving oral and preferred reuse alternative of the notice (Vol. 64, No. 67, pages 17148– written comments on the DEIS. Federal Government of Guam and Navy. This 17149), Thursday, April 8, 1999, make and Government of Guam agencies, as plan consists of the following major the following correction: well as interested individuals and elements: airport expansion including On page 17149 in column one, line organizations are invited to be present runway and taxiway extensions with an 18, the e-mail address indicating or represented at the hearing. additional full-length parallel taxiway, ‘‘Candice’’ is incorrect. Please note the A Notice of Intent (NOI) to prepare and development of cargo, maintenance, correct e-mail address is: the DEIS was published in the Federal and other facilities; onsite roadways to [email protected] Register on January 22, 1996 (61 FR 14). provide access to new developments FOR FURTHER INFORMATION CONTACT: For A public scoping meeting and improve regional circulation; and further information, please refer to the announcement was published on redevelopment of land not used for remaining material contained in the January 9, 10, and 11, 1996 in the airport operations that emphasizes

VerDate 23-MAR-99 16:22 Apr 20, 1999 Jkt 183247 PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 E:\FR\FM\20APN1.XXX pfrm07 PsN: 20APN1 Federal Register / Vol. 64, No. 75 / Tuesday, April 20, 1999 / Notices 19347 commercial and industrial uses. No Dated: April 19, 1999. DATES: Comments must be received by decision on the proposed action will be Ralph W. Corey, the Department on or before May 20, made until the NEPA process has been Commander, Judge Advocate General’s Corps, 1999. completed. Potential impacts evaluated U.S. Navy, Alternate Federal Liaison Officer. ADDRESSES: All comments concerning in the DEIS include, but are not limited [FR Doc. 99–9891 Filed 4–19–99; 8:45 am] these proposed priorities should be to: water quality; terrestrial biota and BILLING CODE 3810±FF±M addressed to Kimberly Light, U.S. habitats; aircraft noise; land use Department of Education, 400 Maryland compatibility; traffic, infrastructure; air Avenue, SW, Room 3E222, Washington, quality; socioeconomics; public health DC 20202–6123. Comments may be sent and safety; cultural resources; and DEPARTMENT OF EDUCATION through the Internet: [email protected] environmental contamination. With two You must include the term ‘‘Alcohol, Office of Elementary and Secondary exceptions, all potentially significant Other Drug, and Violence Prevention for EducationÐSafe and Drug-Free impacts under all of the reuse IHEs’’ in the subject line of your Schools and Communities National alternatives can be mitigated to electronic message. ProgramsÐFederal ActivitiesÐState nonsignificant levels. Potentially FOR FURTHER INFORMATION CONTACT: and Regional Coalition Grant significant but mitigable impacts Competition To Prevent High-Risk Kimberly Light, (202) 260–2647. include: future aircraft noise impacts on Drinking Among College Students Individuals who use a certain residential areas; inadequate telecommunication device for the deaf infrastructure to support AGENCY: Department of Education. (TDD) may call the Federal Information redevelopment; possible future impacts ACTION: Notice of proposed priority, Relay Service at 1–800–877–8339. due to aircraft emissions; increase in eligible applicants, and selection criteria Individuals with disabilities may obtain demand for police and fire protection; for fiscal year 1999 and subsequent this document in an alternate format and effects on an archaeological site years. (e.g., Braille, large print, audiotape, or eligible for listing on the National computer diskette) on request to the Register of Historic Places. The two SUMMARY: The Secretary announces a contact person listed above. exceptions are aircraft noise impacts on proposed priority, eligible applicants, Note: This notice of proposed priorities proposed housing in reuse areas north and selection criteria for fiscal year (FY) does not solicit applications. A notice of the airport under one alternative (not 1999 and, at the discretion of the inviting applications under this competition the preferred alternative) and traffic Secretary, for subsequent years under will be published in the Federal Register impacts at two key intersections. For the the Safe and Drug-Free Schools and concurrent with or following the publication noise impacts, no mitigation is available Communities National Programs— of the notice of final priorities. except to revise the land use plan. Federal Activities— State and Regional SUPPLEMENTARY INFORMATION: High-risk Predicted traffic volumes at the two Coalition Grant Competition to Prevent drinking, including ‘‘binge’’ drinking, intersections would exceed capacity High-Risk Drinking Among College continues to affect the health, learning, even with mitigation. Students. The Secretary takes this action and safety of college students. Excessive to focus Federal financial assistance on use of alcohol has resulted in deaths, The DEIS has been distributed to an identified national need. This serious injuries, vandalism, and sexual affected federal and Government of competition seeks to reduce and prevent assault on college campuses. There is Guam agencies and other interested high-risk drinking among college strong evidence that environmental parties. In addition, copies of the DEIS students by funding State or regional factors, including alcohol availability, are available for review at the Guam coalitions for a two-year period to bring high-risk alcohol use norms, and the Public Library branches in the together institutions of higher education restrictiveness of State drunk driving communities of Agana, Barrigada and (IHEs) to share ideas and develop, laws, play a major role in student Dededo. implement, and evaluate collaborative alcohol use. Different IHEs may have A public hearing will be held to strategies. high-risk drinking problems that are inform the public of the DEIS findings Invitation to Comment: Interested affected by similar environmental and to solicit and receive oral and persons are invited to submit comments concerns; therefore, developing written comments. The hearing will be and recommendations regarding this partnerships with other IHEs can held at 7:00 p.m. on May 13, 1999, at proposed priority. All comments provide a forum to develop common San Vicente/San Roke Catholic Church submitted in response to this notice will solutions as well as a mechanism to Social Hall, 229 San Roke Street, be available for public inspection, create the ‘‘critical mass’’ of concerned Barrigada, Guam. Government agencies during and after the comment period, in stakeholders needed to influence and interested parties are invited to be Room 3E222, 400 Maryland Avenue, broader environmental changes. The present at the hearing. Oral comments SW, Washington, DC, between the hours recent development of a number of IHE will be heard and transcribed by a court of 8:30 a.m. and 4:00 p.m., Eastern time, coalitions across the country suggests recorder; written comments are also Monday through Friday of each week that such partnerships may be an requested to ensure accuracy of the except Federal holidays. effective method for IHEs with common record. All comments, both oral and On request the Department supplies environmental concerns to build local written, will become part of the official an appropriate aid, such as a reader or capacity to address high-risk drinking record. In the interest of available time, print magnifier, to an individual with a within their campus-communities. In each speaker will be asked to limit oral disability that needs assistance to addition, these efforts can have an comments to three minutes. Longer review the comments. An individual impact within a larger community comments should be summarized at the with a disability who wants to schedule context, such as geographic regions public hearing and submitted in writing an appointment for this type of aid may within States (e.g., a large metropolitan either at the hearing or mailed to Mr. call (202) 205–8113 or (202) 260–9895. area), similar institutions within States John Bigay at the address given above. An individual who uses a TDD may call (e.g., all public universities), or Written comments are requested not the Federal Information Relay Service institutions in States that share common later than May 24, 1999. (FIRS) at 1–800–877–8339. borders. This competition seeks to

VerDate 23-MAR-99 16:22 Apr 20, 1999 Jkt 183247 PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 E:\FR\FM\20APN1.XXX pfrm07 PsN: 20APN1 19348 Federal Register / Vol. 64, No. 75 / Tuesday, April 20, 1999 / Notices encourage these collaborative efforts each criterion or factor under that (b) The extent to which the costs are and evaluate their effectiveness so that criterion is indicated in parentheses. reasonable in relation to the number of other IHEs may adopt effective (1) Need for project (15 points). persons to be served and to the strategies. In determining the need for the anticipated results and benefits. (4 Absolute Priority: Under 34 CFR proposed project, the following factors points) 75.105(c)(3) and the Safe and Drug-Free are considered: (c) The potential for continued Schools and Communities Act of 1994, (a) The magnitude or severity of the support of the project after Federal the Secretary gives an absolute problem to be addressed by the funding ends, including, as appropriate, preference to applications that meet the proposed project. (10 points) the demonstrated commitment of following priority. The Secretary funds (b) The extent to which specific gaps appropriate entities to such support. (4 under this competition only or weaknesses in services, points) applications that meet the following infrastructure, or opportunities have (6) Quality of the management plan absolute priority: been identified and will be addressed by (14 points). the proposed project, including the In determining the quality of the Implement and Evaluate the Impact of nature and magnitude of those gaps or management plan for the proposed a State or Regional Coalition to Develop weaknesses. (5 points) project, the following factors are Strategies for Reducing and Preventing (2) Significance (14 points). considered: High-Risk Drinking Among College In determining the significance of the (a) How the applicant will ensure that Students proposed project, the following factors a diversity of perspectives are brought to Applicants proposing a project under are considered: bear in the operation of the proposed this priority must: (a) The likelihood that the proposed project, including those of students, (1) Propose to expand an existing or project will result in system change or faculty, parents, the business establish a new State or regional improvement. (10 points) community, a variety of disciplinary coalition of IHEs and other relevant (b) The potential replicability of the and professional fields, recipients or organizations that includes key proposed project or strategies, beneficiaries of services, or others, as stakeholders who will have an impact including, as appropriate, the potential appropriate. (10 points) on the development and for implementation in a variety of (b) The adequacy of the management implementation of State, local, and settings. (4 points) plan to achieve the objectives of the campus policies and programs to reduce (3) Quality of the project design (15 proposed project on time and within and prevent high-risk drinking; points). budget, including clearly defined (2) Explain how coalition members In determining the quality of the responsibilities, timelines, and will work together on a regular basis, design of the proposed project, the milestones for accomplishing project including meeting to discuss common following factors are considered: tasks. (4 points) problems and share effective strategies; (a) The extent to which the goals, (7) Quality of the project evaluation (3) Use community collaboration objectives, and outcomes to be achieved (11 points). prevention approaches, including by the proposed project are clearly In determining the quality of the involvement of students, that research specified and measurable. (4 points) evaluation, the following factors are or evaluation has shown to be effective (b) The extent to which the design of considered: in preventing or reducing high-risk the proposed project reflects up-to-date (a) The extent to which the methods drinking; knowledge from research and effective of evaluation are thorough, feasible, and (4) Use a qualified evaluator to design practice. (6 points) appropriate to the goals, objectives and and implement an evaluation of the (c) The extent to which the proposed outcomes of the proposed project. (4 project using outcomes-based project is designed to build capacity and points) (summative) performance indicators in yield results that will extend beyond the (b) The extent to which the methods addition to process (formative) measures period of Federal financial assistance. (5 of evaluation will provide performance that documents strategies used and points) feedback and permit periodic (4) Quality of the project personnel measures the effectiveness of the assessment of progress toward achieving (15 points). coalition; intended outcomes. (3 points) In determining the quality of project (5) Demonstrate the ability to start the (c) The extent to which the methods personnel, the following factors are project within 60 days after receiving of evaluation include the use of considered: Federal funding in order to maximize objective performance measures that are (a) The extent to which the applicant the time available to show impact clearly related to the intended outcomes encourages applications for employment within the grant period; and (6) Share of the project and will produce from persons who are members of information about their projects with quantitative and qualitative data to the groups that have traditionally been the Department of Education or its extent possible. (4 points) agents. underrepresented based on race, color, national origin, gender, age, or Electronic Access to This Document Eligible Applicants disability. (3 points) Anyone may view this document, as (b) The qualifications, including Eligible applicants under this well as all other Department of relevant training and experience, of key competition are IHEs and consortia of Education documents published in the project personnel. (12 points) IHEs, and other public and private Federal Register, in text or portable nonprofit organizations. (5) Adequacy of resources (16 points). In determining the adequacy of document format (pdf) on the World Selection Criteria resources for the proposed project, the Wide Web at either of the following The following selection criteria will following factors are considered: sites: be used to evaluate applications for new (a) The relevance and demonstrated http://ocfo.ed.gov/fedreg.htm grants under this competition. The commitment of each partner in the http://www.ed.gov/news.html maximum score for all of these criteria proposed project the implementation To use the pdf you must have the Adobe is 100 points. The maximum score for and success of the project. (8 points) Acrobat Reader Program with Search,

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The ROD [FR Doc. 99–9886 Filed 4–19–99; 8:45 am] Register. was based on the Delivery of the BILLING CODE 6450±01±P Program Authority: 20 U.S.C. 7131. Canadian Entitlement EIS (DOE/EIS– Dated: April 16, 1999. 0197, issued in January 1996). The DEPARTMENT OF ENERGY (Catalog of Federal Domestic Assistance November 1996 ROD announced the Number 84.184H Office of Elementary and United States Entity decision to fulfill Federal Energy Regulatory Secondary Education—Safe and Drug-Free its obligation under the Columbia River Commission Schools and Communities National Treaty between Canada and the United Programs—Federal Activities —State and [Docket No. RP99±262±001] Regional Coalition Grant Competition to States of America by delivering the full Prevent High-Risk Drinking Among College Canadian Entitlement at existing Algonquin Gas Transmission Students) transmission interconnections between Company; Notice of Compliance Filing Judith Johnson, the United States and Canada near April 14, 1999. Acting Assistant Secretary for Elementary and Blaine, Washington, and Nelway, Secondary Education. British Columbia. The November 1996 Take notice that on April 9, 1999, [FR Doc. 99–10025 Filed 4–19–99; 8:45 am] ROD also replaced an earlier March 12, Algonquin Gas Transmission Company (Algonquin) tendered for filing as part of BILLING CODE 4000±01±P 1996, ROD. its FERC Gas Tariff, Fourth Revised The November 1996 ROD did not Volume No. 1 and Original Volume No. address delivery of the Canadian 2, the following tariff sheets to become DEPARTMENT OF ENERGY Entitlement in the United States. It did, effective May 1, 1999: however, note that: ‘‘If the United States Bonneville Power Administration and Canadian Entities propose delivery Fourth Revised Volume No. 1 First Revised Sheet No. 102 Delivery of the Canadian Entitlement in the United States, the United States Entity will review the Delivery of the Fourth Revised Sheet No. 103 First Revised Sheet No. 116 AGENCY: Bonneville Power Canadian Entitlement EIS to ensure that Administration (BPA), Department of Fourth Revised Sheet No. 118 the impacts are adequately analyzed. A First Revised Sheet No. 136 Energy (DOE). decision to dispose of the Entitlement in Fourth Revised Sheet No. 137 ACTION: Notice of availability of Record the United States would be the subject First Revised Sheet No. 153 of Decision (ROD). of an additional United States Entity Fourth Revised Sheet No. 154 ROD.’’ SUMMARY: The Administrator and Chief Original Volume No. 2 Executive Officer of BPA, acting for The Federal governments of Canada Twelfth Revised Sheet No. 343 BPA, and, as Chair of the United States and the United States have exchanged Algonquin asserts that the purpose of Entity (which is the Administrator of diplomatic notes, as provided in the this filing is to comply with the Joint BPA and the Division Engineer, North Columbia River Treaty, to permit Stipulation and Agreement filed on Pacific Division of the United States disposal of all or part of the Canadian March 4, 1999 in Docket No. RP99–262– Army Corps of Engineers), acting for the Entitlement directly in the United 000 and approved by the Commission’s United States Entity, has decided to States. BPA and the Province of British letter order issued April 1, 1999. supplement an earlier decision Columbia have reached agreement on Algonquin states that the filing revises regarding the Canadian Entitlement. The the terms and conditions of the its FERC Gas Tariff to implement Article decision is to enter into an agreement to disposal. The Administrator and Chief II of the Joint Stipulation and enable disposal of the Canadian Executive Officer of BPA, as Agreement regarding expanded Entitlement directly in the United Administrator and also as Chair of the secondary MATQ rights and to fulfill States. The Canadian Entitlement, United States Entity, has decided to the commitment made in its Initial established in the Columbia River enter into an agreement to enable Comments on the Joint Stipulation and Treaty of 1964, is the portion (one-half) disposal of the Canadian Entitlement Agreement filed on March 12, 1999 to of the downstream power benefits from directly in the United States. As a result, reduce rates for Rate Schedule X–37 as three storage dams in Canada that is of May 1, 1999. owed to Canada. the United States Entity is supplementing the November 1996 ROD Algonquin states that copies of the ADDRESSES: Copies of the documents to recognize the decision to enable filing were mailed to all parties on the discussed below are available from service list in this proceeding and all disposal of the Canadian Entitlement in BPA’s Public Information Office, P.O. other affected customers of Algonquin the United States through September 15, Box 12999, Portland, Oregon 97212. and interested state commissions. They may also be obtained by calling 2024, as well as delivery at Blaine and Any person desiring to protest this BPA’s toll-free document request line: Nelway. filing should file a protest with the 1–800–622–4520. The documents are: FOR FURTHER INFORMATION CONTACT: Ms. Federal Energy Regulatory Commission, Delivery of the Canadian Entitlement Katherine Semple Pierce—KECP, 888 First Street, NE, Washington, DC Environmental Impact Statement (EIS) Bonneville Power Administration, P.O. 20426, in accordance with section of January 1996, the March 1996 ROD, Box 3621, Portland, Oregon, 97208– 385.211 of the Commission’s Rules and the November 1996 ROD, and the 3621, phone number (503) 230–3962, Regulations. All such protests must be Supplement to the November 1996 ROD fax number (503) 230–4089. filed as provided in section 154.210 of described in this notice. the Commission’s Regulations. Protests

VerDate 23-MAR-99 16:22 Apr 20, 1999 Jkt 183247 PO 00000 Frm 00015 Fmt 4703 Sfmt 4703 E:\FR\FM\20APN1.XXX pfrm07 PsN: 20APN1 19350 Federal Register / Vol. 64, No. 75 / Tuesday, April 20, 1999 / Notices will be considered by the Commission rims.htm (call 202–208–2222 for of this filing are on file with the in determining the appropriate action to assistance). Commission and are available for public be taken, but will not serve to make Linwood A. Watson, Jr., inspection in the Public Reference protestants parties to the proceedings. Acting Secretary. Room. Copies of this filing are on file with the [FR Doc. 99–9808 Filed 4–19–99; 8:45 am] Linwood A. Watson, Jr., Commission and are available for public BILLING CODE 6717±01±M Acting Secretary. inspection in the Public Reference [FR Doc. 99–9807 Filed 4–19–99; 8:45 am] Room. This filing may be viewed on the BILLING CODE 6717±01±M web at http://www.ferc.fed.us/online/ DEPARTMENT OF ENERGY rims.htm (call 202–208–2222 for assistance). Federal Energy Regulatory DEPARTMENT OF ENERGY Commission Linwood A. Watson, Jr., Federal Energy Regulatory [Docket No. PR99±5±000] Acting Secretary. Commission [FR Doc. 99–9809 Filed 4–19–99; 8:45 am] Dow Pipeline Company; Notice of [Docket No. CP99±295±000] BILLING CODE 6717±01±M Petition for Rate Approval Iroquois Gas Transmission System, April 14, 1999. L.P.; Notice of Request Under Blanket DEPARTMENT OF ENERGY Take notice that on December 1, 1998, Authorization Dow Pipeline Company (Dow Pipeline) Federal Energy Regulatory filed, pursuant to Section 284.123(b)(2) April 14, 1999. Commission of the Commission’s Regulations, a Take notice that on April 9, 1999, petition for rate approval requesting that Iroquois Gas Transmission System, L.P. [Docket No. RP96±389±005] the Commission approve as fair and (Iroquois) One Corporate Drive, Suite equitable a maximum rate of $0.048 per 600, Shelton, Connecticut 06484, filed Columbia Gulf Transmission MMBtu, plus 0.7% in-kind fuel in Docket No. CP99–295–000 a request Company; Notice of Negotiated Rate reimbursement, for interruptible pursuant to Sections 157.205 and Filing transportation services performed under 157.211 of the Commission’s Section 311(a)(2) of the Natural Gas Regulations under the Natural Gas Act April 14, 1999. Policy Act of 1978 (NGPA). Dow (18 CFR 157.205, 157.211) for Take notice that on April 9, 1999, Pipeline’s mailing address is P.O. Box authorization to construct and operate a 4286, Houston, Texas 77210. new sales tap on its system on behalf of Columbia Gulf Transmission Company Dow Pipeline’s petition states it is an Niagara Mohawk Power Corporation (Columbia Gulf) tendered for filing to intrastate pipeline within the meaning (NiMo), under Iroquois blanket the Federal Energy Regulatory of Section 2(16) of the NGPA. Dow certificate issued in Docket No. CP98– Commission (Commission) the Pipeline provides interruptible 634–000, et al., pursuant to Section 7 of following contract for disclosure of a transportation service pursuant to the Natural Gas Act, all as more fully set recently negotiated rate transaction: Section 311(a)(2) of the NGPA through forth in the request that is on file with FTS–2 Service Agreement No. 63490 its facilities located in Wharton, Fort the Commission and open to public between Columbia Gulf Transmission Bend, Brazoria, Whaller, and Matagorda inspection. This filing may be viewed Company and Entergy Louisiana Inc., Counties, Texas. This petition is on the web at http://www.ferc.fed.us/ dated April 6, 1999. intended to establish a new system-wide online/rims.htm (call 202–208–2222 for maximum transportation rate for assistance). Columbia Gulf requests an effective Section 311(a)(2) service, and is filed Iroquois proposes to construct and date of June 1, 1999 for this negotiated pursuant to the terms of the Stipulation operate a sales tap at the request of rate agreement. and Agreement of Settlement filed June NiMo, a local distribution company Columbia Gulf states that copies of 27, 1996, in Docket No. PR96–5–000, located in New York State. Iroquois the filing have been served on all parties which required Dow Pipeline to file an states the proposed in-service date of on the official service list created by the application on or before December 1, the sales tap is November 1, 1999. Secretary in this proceeding. 1998, to justify its current rate or to Iroquois states the sales tap would be Any person desiring to protest this establish a new system-wide rate. Dow located at Mile Post 106.46, in the Town filing should file a protest with the Pipeline proposes an effective date of of Boonville, New York and would be December 1, 1998. used to provide NiMo with a new Federal Energy Regulatory Commission, Any person desiring to be heard or to primary delivery point. Iroquois states 888 First Street, NE., Washington, DC protest this filing should file a motion that Iroquois and NiMo have entered 20426, in accordance with section to intervene or protest with the Federal into an amendment of their existing firm 385.211 of the Commission’s Rules and Energy Regulatory Commission, transportation agreement providing that Regulations. All such protests must be Washington, DC 20426 in accordance Boonville will become the primary filed as provided in section 154.210 of with Sections 385.211 and 385.214 of delivery point for 835 Dth/day of firm the Commission’s Regulations. Protests the Commission’s Rules of Practice and service as of November 1, 1999. Iroquois will be considered by the Commission Procedure. All such motions and states that this amount will increase to in determining the appropriate action to protests should be filed on or before 2,500 Dth/day of firm service by be taken, but will not serve to make April 20, 1999. Protests will be November 1, 2002, and that there will protestants parties to the proceedings. considered by the Commission in be no change in the amount of NiMo’s Copies of this filing are on file with the determining the appropriate action to be current firm contract quantity. Iroquois Commission and are available for public taken, but will not serve to make states the cost of Iroquois’ facilities is inspection in the Public Reference protestants parties to the proceeding. estimated to be not greater than Room. This filing may be viewed on the Any person wishing to become a party $150,000, and that those costs will be web at http://www.ferc.fed.us/online/ must file a motion to intervene. Copies reimbursed to Iroquois by NiMo.

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Any person or the Commission’s staff Any person or the Commission’s staff will be abandoned in place and the may, within 45 days after issuance of may, within 45 days after issuance of metering facilities will be removed. All the instant notice by the Commission, the instant notice by the Commission, construction will occur above ground. file pursuant to Rule 214 of the file pursuant to Rule 214 of the Any person or the Commission’s staff Commission’s Procedural Rules (18 CFR Commission’s Procedural Rules (18 CFR may, within 45 days after issuance of 385.214) a motion to intervene or notice 385.214) a motion to intervene or notice the instant notice by the Commission, of intervention and pursuant to Section of intervention and pursuant to Section file pursuant to Rule 214 of the 157.205 of the Regulations under the 157.205 of the Regulations under the Commission’s Procedural Rules (18 CFR Natural Gas Act (18 CFR 157.205) a Natural Gas Act (18 CFR 157.205) a 385.214) a motion to intervene or notice protest to the request. If no protest is protest to the request. If no protest is of intervention and pursuant to section filed within the time allowed therefore, filed within the time allowed therefore, 157.205 of the Regulations under the the proposed activity shall be deemed to the proposed activity shall be deemed to Natural Gas Act (18 CFR 157.205) a be authorized effective the day after the be authorized effective the day after the protest to the request. If no protest is time allowed for filing a protest. If a time allowed for filing a protest. If a filed within the time allowed therefor, protest is filed and not withdrawn protest is filed and not withdrawn the proposed activity shall be deemed to within 30 days after the time allowed within 30 days after the time allowed be authorized effective the day after the for filing a protest, the instant request for filing a protest, the instant request time allowed for filing a protest. If a shall be treated as an application for shall be treated as an application for protest is filed and not withdrawn authorization pursuant to Section 7 of authorization pursuant to Section 7 of within 30 days after the time allowed the Natural Gas Act. the Natural Gas Act. for filing a protest, the instant request Linwood A. Watson, Jr., David P. Boergers, shall be treated as an application for authorization pursuant to section 7 of Acting Secretary. Secretary. the Natural Gas Act. [FR Doc. 99–9805 Filed 4–19–99; 8:45 am] [FR Doc. 99–9812 Filed 4–19–99; 8:45 am] David P. Boergers, BILLING CODE 6717±01±M BILLING CODE 6717±01±M Secretary. [FR Doc. 99–9813 Filed 4–19–99; 8:45 am] DEPARTMENT OF ENERGY DEPARTMENT OF ENERGY BILLING CODE 6717±01±M Federal Energy Regulatory Federal Energy Regulatory Commission Commission DEPARTMENT OF ENERGY [Docket No. CP99±296±000] [Docket No. CP99±294±000] Federal Energy Regulatory Reliant Energy Gas Transmission Commission Panhandle Eastern Pipe Line Company; Notice of Request Under [Docket No. CP99±293±000] Company; Notice of Request Under Blanket Authorization Blanket Authorization Texas Eastern Transmission April 14, 1999. April 14, 1999. Corporation; Notice of Request Under Take notice that on April 12, 1999, Blanket Authorization Take notice that on April 9, 1999, Reliant Energy Gas Transmission Panhandle Eastern Pipe Line Company Company (REGT), 1111 Louisiana, April 14, 1999. (Panhandle) P.O. Box 1642, Houston, Houston, Texas 77002–5231, filed in Take notice that on April 9, 1999, Texas 77251–1642, filed in Docket No. Docket No. CP99–296–000 a request Texas Eastern Transmission Corporation CP99–294–000 a request pursuant to pursuant to Sections 157.205 and (Texas Eastern), 5400 Westheimer Court, Sections 157.205 and 157.212 of the 157.216 of the Commission’s Houston, Texas 77056–5310, filed in Commission’s Regulations under the Regulations under the Natural Gas Act Docket No. CP99–293–000 a request Natural Gas Act (18 CFR 157.205, (18 CFR 157.205 and 157.216) for pursuant to sections 157.205 and 157.212). Panhandle filed for authorization to abandon certain 157.211 of the Commission’s authorization to modify the Illinois facilities in Oklahoma under REGT’s Regulations under the Natural Gas Act Power Company Mt. Auburn M&R blanket certificate issued in Docket No. (18 CFR 157.205 and 157.211) for Station, an existing delivery point CP82–384–000 and CP82–384–001 authorization to construct, own, and located in Christian County, Illinois, to pursuant to Section 7 of the Natural Gas operate a delivery point in Hidalgo permit increased deliveries, all as more Act, all as more fully set forth in the County, Texas so that Texas Eastern fully set forth in the request that is on request that is on file with the may provide natural gas deliveries to file with the Commission and open to Commission and open to public National Energy & Trade, L.L.C. public inspection. This filing may be inspection. This filing may be viewed (National Energy) under Texas Eastern’s viewed on the web at http:// on the web at http://www.ferc.fed.us/ blanket certificate issued in Docket No. www.ferc.fed.us/online/rims.htm online/rims.htm (call 202–208–2222 for CP82–535–000 pursuant to section 7 of (please call (202) 208–2222 for assistance). the Natural Gas Act, all as more fully set assistance). REGT specifically proposes to forth in the request that is on file with Panhandle asserts that the upgrade is abandon an inactive 1-inch delivery tap the Commission and open to public relatively minor and will increase the and 1-inch U-shape meter station on inspection. This filing may be viewed maximum design capacity of the Mt. REGT’s Line 2–H in Section 9, on the web at http://www.ferc.fed.us/ Auburn meter station from Township 18 North, Range 12 West, online/rims.htm (call 202–208–2222 for approximately 7,000 Dt per day to Blaine County, Oklahoma formerly assistance). approximately 12,000 Dt per day. serving Reliant Energy, Arkla, a Texas Eastern proposes to construct Panhandle estimates the cost of the distribution division of Reliant Energy and install an 8-inch side valve and 8- upgrade to be $130,700, of which Incorporated (Arkla). Arkla has agreed inch insulating flange (Tap), at amount, Illinois Power will reimburse to the abandonment of this tap formerly approximately Mile Post 3.87 in Hidalgo Panhandle 100%. serving its Rural Extension 988. The tap County, Texas. Texas Eastern states that

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National Energy will install, or cause to attributable to storage service purchased upstream to the project dam and reduce be installed a single 8-inch orifice meter from CNG under its Rate Schedule GSS the project’s installed generating run plus associated piping (Meter the costs of which are included in the capacity. The DEA finds that the Station), approximately 25 feet of 8-inch rates and charges payable under proposed revocation would not pipeline which will extend from the Transco’s Rate Schedules GSS and LSS. constitute a major federal action meter station to the tap (Connecting The filing is being made pursuant to significantly affecting the quality of the Pipe), and electronic gas measurement tracking provisions under Sections 4 of human environment. The Jacobson equipment (EGM). Transco’s Rate Schedules FT–NT and Hydro No. 1 Project is located on the Texas Eastern states that the LSS, and Section 3 of Transco’s Rate Colorado River near the City of Palisade, transportation service to be rendered Schedule GSS. Mesa County, Colorado. through the delivery point will have no Transco states that included in The DEA was written by staff in the effect on Texas Eastern’s peak day or Appendices B and C attached to the Office of Hydropower Licensing, annual deliveries and that its proposal filing are the explanations of the rate Federal Energy Regulatory Commission. will be accomplished without detriment and fuel changes and details regarding Copies of the DEA can be viewed at the or disadvantage to Texas Eastern’s other the computation of the revised Rate Commission’s Public Reference Room, customers. Schedule FT–NT, GSS and LSS rates Room 2A, 888 First Street, NE, Any person or the Commission’s staff and fuel percentages. Washington, DC 20426. Copies can also may, within 45 days after issuance of Transco states that copies of the filing be obtained by calling the project the instant notice by the Commission, are being mailed to each of its FT–NT, manager, Bob Fletcher at (202) 219– file pursuant to Rule 214 of the GSS and LSS customers and interested 1206 or viewed on the web at http:// Commission’s Procedural Rules (18 CFR State Commissions. www.ferc.fed.us/online/rims.htm. 385.214) a motion to intervene or notice Any person desiring to be heard or to Please call (202) 208–2222 for of intervention and pursuant to 157.205 protest said filing should file a motion assistance. of the Regulations under the Natural Gas to intervene or a protest with the Please submit any comments on the Act (18 CFR 157.205) a protest to the Federal Energy Regulatory Commission, DEA within 60 days from the date of request. If no protest is filed within the 888 First Street, NE, Washington, DC this notice. Any comments, conclusions, time allowed therefor, the proposed 20426, in accordance with sections or recommendations that draw upon activity shall be deemed to be 385.214 or 385.211 of the Commission’s studies, reports, or other working papers authorized effective the day after the Rules and Regulations. All such motions of substance should be supported by time allowed for filing a protest. If a or protests must be filed in accordance appropriate documentation. Comments protest is filed and not withdrawn with section 154.210 of the should be addressed to: The Secretary, within 30 days after the time allowed Commission’s Regulations. Protests will Federal Energy Regulatory Commission, for filing a protest, the instant request be considered by the Commission in 888 First Street NE, Washington, DC shall be treated as an application for determining the appropriate action to be 20426. Please affix Project No. 4515–014 authorization pursuant to section 7 of taken, but will not serve to make to all comments. protestants parties to the proceedings. the Natural Gas Act. Linwood A. Watson, Jr., David P. Boergers, Any person wishing to become a party Acting Secretary. Secretary. must file a motion to intervene. Copies [FR Doc. 99–9806 Filed 4–19–99; 8:45 am] [FR Doc. 99–9811 Filed 4–19–99; 8:45 am] of this filing are on file with the Commission and are available for public BILLING CODE 6717±01±M BILLING CODE 6717±01±M inspection in the Public Reference Room. This filing may be viewed on the DEPARTMENT OF ENERGY DEPARTMENT OF ENERGY web at http://www.ferc.fed.us/online/ rims.htm (call 202–208–2222 for Federal Energy Regulatory Federal Energy Regulatory assistance). Commission Commission Linwood A. Watson, Jr., [Docket No. PL99±2±000] [Docket No. TM99±7±29±000] Acting Secretary. [FR Doc. 99–9810 Filed 4–19–99; 8:45 am] Anticipated Demand for Natural Gas in Transcontinental Gas Pipe Line BILLING CODE 6717±01±M the Northeastern United States; Notice Corporation; Notice of Proposed of Public Conference Changes in FERC Gas Tariff DEPARTMENT OF ENERGY April 14, 1999. April 14, 1999. Take notice that the Federal Energy Take notice that on April 8, 1999, Federal Energy Regulatory Regulatory Commission will convene a Transcontinental Gas Pipe Line Commission public conference on June 7, 1999, to Corporation (Transco) tendered for [Project No. 4515±014] conduct an inquiry into anticipated filing to become part of its FERC Gas natural gas demand projections in the Tariff, Third Revised Volume No. 1, Eric R. Jacobson; Notice of Availability northeastern United States over the next certain revised tariff sheets on of Draft Environmental Assessment 10 to 20 years.1 Appendix A attached to the filing. and Soliciting Comments Currently, there are numerous, Transco states that the purpose of the varying projections concerning the instant filing is to track (1) rate and fuel April 14, 1999. growth of natural gas markets in the changes attributable to transportation A draft environmental assessment Eastern United States. These service purchased from CNG (DEA) is available for public review. projections, however, do not shed light Transmission Corporation (CNG) under The DEA is for an amendment of license on the impact this potential growth will its Rate Schedule X–74 the costs of for the unconstructed Jacobson Hydro which are included in the rates and No. 1 Project (FERC No. 4515). 1 For purposes of the conference, this includes charges payable under Transco’s Rate Specifically, the licensee proposes to those States lying east of the Mississippi River and Schedule FT–NT, and (2) rate changes move the project’s powerhouse north of Tennessee and North Carolina.

VerDate 23-MAR-99 16:22 Apr 20, 1999 Jkt 183247 PO 00000 Frm 00018 Fmt 4703 Sfmt 4703 E:\FR\FM\20APN1.XXX pfrm07 PsN: 20APN1 Federal Register / Vol. 64, No. 75 / Tuesday, April 20, 1999 / Notices 19353 have on existing pipelines. Thus, the Secretary of the Commission by May 10, national natural gas pipeline grid. The Commission believes that it is important 1999. The request should indicate the Commission’s efforts in that regard to examine these projections and to scope of the participants’ planned continue to be successful, not in small understand more about the remarks. Speakers that have audio/ part due to our capacity release rules, assumptions, data sources, and visual requirements should contact and due to the participation of perspectives upon which these growth Wanda Washington at (202) 208–1460. marketers as holders of interstate forecasts are based. Any written comments may be filed pipeline capacity. To this end, the Commission is within 15 days after the conference. For us to restrict this conference to interested in hearing all views The Capitol Connection will the Northeast does not recognize the fact concerning growth projections in broadcast live the audio from the public natural gas markets in the northeastern that in today’s dynamic natural gas conference on its wireless cable system market, changes in capacity serving one United States over the next one to two in the Washington, DC area. If there is decades and how these projections region may affect pipeline operations in sufficient interest from those outside the another region of the country. New correlate to existing pipeline capacity. Washington, DC metropolitan area, the pipeline capacity in the Northeast could The Commission is also interested in Capitol Connection may broadcast the result in changes in the utilization of the learning when this increase in demand conference live via satellite for a fee. systems that now feed that region— will occur. Will growth occur at varying Persons interested in receiving the pipelines, say, that originate in the Gulf rates over the next five, ten, or twenty audio broadcast, or who need more Coast. For example, capacity utilization years? Will the projected demand occur information, should contact Shirley Al- of those pipelines could be reduced as during a certain time of the year, e.g., Jarnai or Julia Morelli at the Capitol a result of such expansions. The value during the winter when pipeline use is Connection at (703) 993–3100, no later and use of capacity release also could be at its peak (mainly heating); off peak than May 22, 1999. affected. I believe that broadening the periods when capacity is more readily In addition, National Narrowcast scope of the conference would have available (mainly air conditioning); or Networks’ Hearing-On-The-Line service year-round? The Commission would covers all FERC meetings live by enabled the Commission to look at any like to explore the assumptions that telephone. Call (202) 966–2211 for ‘‘ripple effect’’ that expansion of the underlie these projections. details. Billing is based on time on-line. grid anywhere—not just in the In addition, the Commission is All questions concerning the format of Northeast—could cause in today’s interested in hearing forecasts the conference should be directed to: marketplace. concerning the type of growth that is Joel Arneson, Office of the General Furthermore, I believe that the anticipated. Specifically, the Counsel, Federal Energy Regulatory majority’s approach of limiting the Commission is interested in Commission, 888 First Street, N.E., scope of the conference to the Northeast determining if the contemplated growth Washington D.C. 20426, (202) 208–2169. fails to recognize the fact that other will serve electric generation facilities, By direction of the Commission. regions of the country are also expected residential customers, industrial to experience substantial growth in the concerns, other consumers, or some Commissioner Breathitt concurred with a demand for natural gas. Certificate combination thereof. separate statement attached. As a secondary matter, the David P. Boergers, filings that are pending before the Commission wishes to be informed Secretary. Commission and reports in the trade press indicate to me that projected about the effect projected growth will Breathitt, Commissioner, Concurring have on existing capacity. For example, demand for natural gas in the Mid- where, when, and how much existing I agree with the majority that an Atlantic and Southeast regions warrant capacity is currently available? If the inquiry into the anticipated demand for an equal examination by the projected growth takes place as forecast, natural gas will provide valuable insight Commission. where will excess capacity exist in the into the development of a rational Finally, I question the timing and the future? How often will existing facilities certificates policy. As the notice forum that have been chosen for this be constrained? Are existing pipeline highlights, there are numerous, varying inquiry. I do not believe that the systems being effectively used? Is it projections concerning the growth of Commission has reached a consensus possible to increase the utilization of natural gas markets. An exploration of concerning the ultimate goals of this existing systems? Will the projected the assumptions underlying these conference. Before establishing a public growth materialize in the form of firm projections will add clarity to the conference, I would have preferred the or interruptible demand for capacity? Commission’s analyses. I also believe Commission to have had a meeting of How much capacity will be available the questions posed in the notice will the minds on our specific objectives for through releases? How much capacity elicit an informative discussion about building a record, and a mutual will be available through turn backs? natural gas markets. While I support the understanding of how we would want What conclusions can be reached idea of an inquiry into demand for such a record to be used. I don’t believe concerning how much new capacity natural gas, I wish to make several the Commission has a unified sense of may be required, within what time points with respect to my views about how this conference fits in with other frame, and in what regions? the conference. generic and case-specific proceedings The conference will be held at the First, I would have preferred that the currently before us. However, I am offices of the Federal Energy Regulatory scope of the conference be much supporting this inquiry to the extent it Commission, in the Commission broader. I believe that limiting the will provide at least a piece of the Meeting Room, 888 First Street, NE, conference to the Northeast fails to puzzle about the future demand for Washington, DC 20426. recognize a fundamental change that is natural gas. The Commission seeks the views of taking place in the natural gas industry the public and all segments of the as a result of the issuance of Order No. Linda K. Breathitt, energy industry. Any person who 636 in 1992. One of the primary goals Commissioner. wishes to participate in the conference of pipeline restructuring was to promote [FR Doc. 99–9846 Filed 4–19–99; 8:45 am] should submit a written request to the policies supporting the creation of a BILLING CODE 6717±01±M

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ENVIRONMENTAL PROTECTION part of the Climate Change Action Plan, will not make the partner-specific AGENCY Transportation Partners will play an information collected under the important role in the nation’s program available to the general public, [FRL±6328±5] commitment to reduce U.S. greenhouse unless the partner’s approval is gas emissions. Agency Information Collection obtained. The Transportation Partners program Activities: Continuing Collection; is designed to work around two types of An agency may not conduct or Comment Request, EPA's members: Principal Partners and Project sponsor, and a person is not required to Transportation Partners Partners. Principal Partners have respond to, a collection of information unless it displays a currently valid OMB AGENCY: Environmental Protection substantive areas of expertise and will Agency (EPA). provide direct assistance to VMT- control number. The OMB control reducing projects across the country. numbers for EPA’s regulations are listed ACTION: Notice. Project Partners, on the other hand, in 40 CFR part 9 and 48 CFR Chapter SUMMARY: In compliance with the administer the individual programs and 15. Paperwork Reduction Act (44 U.S.C. actions designed to reduce VMT. Local The EPA would like to solicit 3501 et seq.), this document announces governments, regional governments, comments to: that EPA is planning to submit the local non-governmental organizations, (i) Evaluate whether the proposed following continuing Information and private businesses may become Project Partners. collection of information is necessary for the Collection Request (ICR) to the Office of proper performance of the functions of the Management and Budget (OMB): As voluntary participants in the Transportation Partners program, agency, including whether the information EPA’s Transportation Partners Project Partners may be asked to will have practical utility; Program, EPA ICR No. 1818.01, OMB complete an annual Partner Profile that (ii) Evaluate the accuracy of the agency’s Control No. 2010–0028, expiration date requests general project information. estimate of the burden of the proposed 8/31/99. Before submitting the ICR to Project-related information requested collection of information, including the OMB for review and approval, EPA is may include background data about the validity of the methodology and assumptions soliciting comments on specific aspects sponsoring entity, a description (and, to used; of the proposed information collection the extent possible, quantification) of (iii) Enhance the quality, utility, and clarity as described below. project effects on travel, other project of the information to be collected; and (iv) DATES: Comments must be submitted on effects, and comments regarding minimize the burden of the collection of or before June 21, 1999. program participation and technical information on those who are to respond, ADDRESSES: Transportation Partners, US assistance. As EPA may request including through the use of appropriate Environmental Protection Agency, 401 additional information from the Project automated electronic, mechanical, or other M Street SW, Mailcode 2126, Partners about their projects, technological collection techniques or other Washington, DC 20460. Interested organizations may be requested to forms of information technology, e.g., persons may obtain a copy of the ICR periodically submit supplementary permitting electronic submission of without charge by calling 202–260–5447 information to the Agency. responses. In addition, EPA sponsors the Way to or via the internet at http:// Burden Statement: The annual public www.epa.gov/tp/tpicr.pdf. Go! Awards, which honor local innovators who are enhancing their reporting and record keeping burden for FOR FURTHER INFORMATION CONTACT: communities and the environment this collection of information is Catherine Preston. Telephone: 202–260– through transportation improvements. estimated to average 11.7 hours per 5447. Fax: 202–260–0512. Email: Project Partners will receive an response. Burden means the total time, [email protected]. application for the Way to Go! awards. effort, or financial resources expended SUPPLEMENTARY INFORMATION: Some Project Partners may choose to by persons to generate, maintain, retain, Affected entities: Entities potentially complete and submit the application to or disclose or provide information to or affected by this action may include local EPA. The application asks for the for a Federal agency. This includes the and suburban transit providers, business following information: the name and time needed to review instructions; associations, civic organizations, air and focus of the project; a description of develop, acquire, install, and utilize water resource and solid waste project management; a description of technology and systems for the purposes management agencies, local and the end user(s) of the project; and a of collecting, validating, and verifying regional government agencies and other project summary and narrative. information, processing and transportation-related organizations. Principal Partners have a number of maintaining information, and disclosing Additionally, EPA expects to enroll responsibilities, which include: First, and providing information; adjust the private businesses from a wide range of they will provide EPA with contact lists existing ways to comply with any industries in the Transportation of prospective Project Partners. Second, previously applicable instructions and Partners program. they will disseminate information to requirements; train personnel to be able Title: EPA’s Transportation Partners partners. Third, Principal Partners will to respond to a collection of Program (OMB Control No. 2010–0028, review, sign, and forward Project information; search data sources; EPA ICR No. 1818.01) expiring 8/31/99. Partner agreements to EPA. Fourth, complete and review the collection of Abstract: The Transportation Partners Principal Partners will assist EPA in information; and transmit or otherwise program is a new, cooperative, reviewing and compiling Partner disclose the information. voluntary program that seeks to reduce Profiles and supplemental information the growth of vehicle miles traveled from Project Partners. Michael Shelby, (VMT) through the adoption of Participation in the Transportation Director, Energy and Transportation Sectors measures that provide or promote the Partners program is voluntary. If Division. use of non-single occupancy vehicle requested, EPA will treat information as [FR Doc. 99–9870 Filed 4–19–99; 8:45 am] transportation choices for citizens. As confidential business information and BILLING CODE 6560±50±U

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ENVIRONMENTAL PROTECTION and Tribal submission for approval or Estimated Total Annual Hour Burden: AGENCY disapproval. 190,336 hours. The WQS Regulation (40 CFR part Estimated Total Annualized Cost [FRL±6329±4] 131) is the EPA regulation governing the Burden (O&M and capital/startup costs implementation of the water quality only): $0. Agency Information Collection standards program. The WQS Send comments on the Agency’s need Activities: Submission for OMB Regulation describes requirements and for this information, the accuracy of the Review; Comment Request; procedures for the States and Tribes to provided burden estimates, and any Information Collection Request for the develop, review, and revise their water suggested methods for minimizing Water Quality Standards Regulation quality standards, and EPA procedures respondent burden, including through for reviewing and approving the water the use of automated collection AGENCY: Environmental Protection quality standards. Additionally, the techniques to the following addresses. Agency (EPA). regulation specifies information that an Please refer to EPA ICR No. 988.07 and ACTION: Notice. Indian Tribe must submit to EPA in OMB Control No. 2040–0049 in any order to determine whether a Tribe is correspondence. SUMMARY: In compliance with the qualified to administer the WQS Ms. Sandy Farmer, U.S. Environmental Paperwork Reduction Act (44 U.S.C. Program. Finally, the WQS Regulation Protection Agency, Office of Policy, 3501 et seq.), this document announces describes a dispute resolution Regulatory Information Division that the following Information mechanism that will assist in resolving (2137), 401 M Street, SW, Collection Request (ICR) has been disputes that arise between States and Washington, DC 20460; and forwarded to the Office of Management Tribes over water quality standards on Office of Information and Regulatory and Budget (OMB) for review and common waterbodies. Affairs, Office of Management and approval: Information Collection An agency may not conduct or Budget, Attention: Desk Officer for Request for the Water Quality Standards sponsor, and a person is not required to EPA, 725 17th Street, NW, # Regulation, EPA ICR 988.07; OMB respond to, a collection of information Washington, DC 20503. Control #2040–0049; Expiration Date: unless it displays a currently valid OMB June 30, 1999. The ICR describes the control number. The OMB control Dated: April 14, 1999. nature of the information collection and numbers for EPA’s regulations are listed Richard T. Westlund, its expected burden and cost; where in 40 CFR part 9 and 48 CFR Chapter Acting Director, Regulatory Information appropriate, it includes the actual data 15. The Federal Register document Division. collection instrument. required under 5 CFR 1320.8(d), [FR Doc. 99–9873 Filed 4–19–99; 8:45 am] DATES: Comments must be submitted on soliciting comments on this collection BILLING CODE 6560±50±P or before May 20, 1999. of information was published on 11/30/ 98 (63 FR 65776); no comments were FOR FURTHER INFORMATION CONTACT: received. ENVIRONMENTAL PROTECTION Sandy Farmer at EPA by phone at (202) Burden Statement: The annual public AGENCY 260–2740, by email at reporting and recordkeeping burden for [FRL±6328±9] [email protected], or this collection of information is download a copy of the ICR off the estimated to average 2293 hours per Effluent Guidelines Task Force Open Internet at http://www.epa.gov/icr and response. Burden means the total time, Meeting refer to EPA ICR No. 988.07. effort, or financial resources expended AGENCY: Environmental Protection SUPPLEMENTARY INFORMATION: by persons to generate, maintain, retain, Agency. Title: Information Collection Request or disclose or provide information to or for the Water Quality Standards for a Federal agency. This includes the ACTION: Correction, announcement of # Regulation, OMB Control 2040–0049; time needed to review instructions; meeting. EPA ICR No. 988.07; expiring on June develop, acquire, install, and utilize SUMMARY: The Effluent Guidelines Task 30, 1999. This is a request for extension technology and systems for the purposes Force public meeting notice was of a currently approved collection. of collecting, validating, and verifying published on April 5, 1999, at 64 FR Abstract: Water Quality Standards information, processing and 16449. Today’s notice changes the (WQS) are provisions of State, Tribal, maintaining information, and disclosing meeting location to the DoubleTree and Federal law which consist of and providing information; adjust the Hotel—National Airport, 300 Army designated uses for waters of the United existing ways to comply with any Navy Drive, Arlington, Virginia. The States, numeric or narrative water previously applicable instructions and meeting is open to the public. quality criteria to protect the designated requirements; train personnel to be able uses, and an antidegradation policy to DATES: The meeting will be held on to respond to a collection of Tuesday, May 4, 1999 from 9:00 a.m. to protect existing uses and high quality information; search data sources; waters. States are required by Federal 5:00 p.m., and Wednesday, May 5, 1999 complete and review the collection of from 8:30 a.m. to 3:00 p.m. law to establish water quality standards. information; and transmit or otherwise ADDRESSES: The meeting will take place Clean Water Act Section 303(c) requires disclose the information. States and certain Indian Tribes (those Respondents/Affected Entities: State at the DoubleTree Hotel—National Tribes that have received EPA and Tribal governments. Airport, 300 Army Navy Drive, authorization to administer the water Estimated Number of Respondents: Arlington, Virginia. quality standards program and have had 83. FOR FURTHER INFORMATION CONTACT: their water quality standards approved Frequency of Response: once every Beverly Randolph, Office of Water by EPA) to review and, if appropriate, three years for water quality standards (4303), 401 M Street, SW, Washington, revise their water quality standards submittal to EPA; once per Tribal D.C. 20460; telephone (202) 260–5373; regulations once every three years and application for the water quality fax (202) 260–7185. to submit to EPA the results of the standards program; once per dispute SUPPLEMENTARY INFORMATION: Pursuant review. EPA then reviews each State resolution request. to the Federal Advisory Committee Act

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(Pub. L. 92–463), the Environmental be sent to Beverly Randolph at the Records Integrity Branch, Information Protection Agency gives notice of a above address. Comments submitted by Resources and Services Division meeting of the Effluent Guidelines Task April 23, 1999 will be considered by the (7502C), Office of Pesticide Programs, Force (EGTF). The EGTF is a Task Force at or subsequent to the Environmental Protection Agency, 401 subcommittee of the National Advisory meeting. M St., SW., Washington, DC 20460. In Council for Environmental Policy and Dated: April 14, 1999. person, bring comments to: Technology (NACEPT), the external Tudor T. Davies, Environmental Protection Agency, Rm. policy advisory board to the Director, Office of Science and Technology. 119, CM #2, 1921 Jefferson Davis Hwy., Administrator of EPA. Arlington, VA. [FR Doc. 99–9871 Filed 4–19–99; 8:45 am] The EGTF was established in July of BILLING CODE 6560±50±U Comments and data may also be 1992 to advise EPA on the Effluent submitted electronically to: opp- Guidelines Program, which develops [email protected]. Follow the regulations for dischargers of industrial ENVIRONMENTAL PROTECTION instructions under ‘‘SUPPLEMENTARY wastewater pursuant to Title III of the AGENCY INFORMATION.’’ No Confidential Clean Water Act (33 U.S.C. 1251 et seq.). Business Information (CBI) should be [OPP±30475; FRL±6072±9] The Task Force consists of members submitted through e-mail. appointed by EPA from industry, citizen Information submitted as a comment groups, state and local government, the Certain Companies; Applications to concerning this notice may be claimed academic and scientific communities, Register Pesticide Products confidential by marking any part or all and EPA regional offices. The Task AGENCY: Environmental Protection of that information as CBI. Information Force was created to offer advice to the Agency (EPA). so marked will not be disclosed except Administrator on the long-term strategy ACTION: Notice. in accordance with procedures set forth for the effluent guidelines program, and in 40 CFR part 2. A copy of the particularly to provide SUMMARY: This notice announces receipt comment that does not contain CBI recommendations on a process for of applications to register pesticide must be submitted for inclusion in the expediting the promulgation of effluent products containing new active public record. Information not marked guidelines. The Task Force generally ingredients not included in any confidential may be disclosed publicly does not discuss specific effluent previously registered products pursuant by EPA without prior notice. The public guideline regulations currently under to the provisions of section 3(c)(4) of the docket is available for public inspection development. Federal Insecticide, Fungicide, and in Rm. 119 at the Virginia address given The meeting is open to the public, Rodenticide Act (FIFRA), as amended. above, from 8:30 a.m. to 4 p.m., Monday and limited seating for the public is DATES: Written comments must be through Friday, excluding holidays. available on a first-come, first-served submitted by May 20, 1999. basis. The public may submit written ADDRESSES: By mail, submit written FOR FURTHER INFORMATION CONTACT: The comments to the Task Force regarding comments identified by the document Regulatory Action Leader, Biopesticides improvements to the Effluent control number [OPP–30475] and the and Pollution Prevention Division Guidelines program. Comments should file symbols to: Public Information and (7511C), listed in the table below:

Regulatory Action Lead- er Office location/telephone number Address

Judy Loranger ...... Rm. 910W24, CM #2, 703±308±8056, e-mail: [email protected]. 1921 Jefferson Davis Hwy, Ar- lington, VA Shanaz Bacchus ...... Rm. 902W34, CM #2, 703±308±8097, e-mail: [email protected]. Do. Willie Nelson ...... Rm. 942W42, CM #2, 703±308±8682, e-mail: [email protected]. Do.

SUPPLEMENTARY INFORMATION: EPA manufacturing purposes only. (J. None. For management and prevention received applications as follows to Loranger) of Southern Pine Beetle infestations. (J. register pesticide products containing 2. File Symbol: 72098–E. Applicant: Loranger) active ingredients not included in any Taensa, Inc. Product Name: BeetleBall 5. File Symbol: 11678–LA. Applicant: previously registered products pursuant MP. Insecticide. Active ingredient: 4- Makhteshim-Agan of North America, to the provision of section 3(c)(4) of Allyl anisole (Estragole) at 47.0%. Inc., 551 Fifth Ave., Suite 1100, New FIFRA. Notice of receipt of these Proposed classification/Use: None. For York, NY 10176. Product Name: applications does not imply a decision manufacturing purposes only. (J. Trichodex. Fungicide. Active Loranger) by the Agency on the applications. ingredient: Trichoderma harzianum 3. File Symbol: 72098–G. Applicant: strain T-39. Proposed classification/Use: Taensa, Inc. Product Name: BeetleBall I. Products Containing Active None. For use on all agricultural crops. PaintBall. Insecticide. Active ingredient: Ingredients Not Included In Any (S. Bacchus) Previously Registered Products 4-Allyl anisole (Estragole) at 39.1%. Proposed classification/Use: None. For 6. File Symbol: 56261–E. Applicant: 1. File Symbol: 72098–U. Applicant: management and prevention of Phero Tech Inc., 7572 Progress Way, Taensa, Inc., 26 Sherman Court, P.O. Southern Pine Beetle infestations. (J. Delta, B.C. V4G 1E9 Canada. Product Box 764, Fairfield, CT 06430. Product Loranger) Name: MCH Bubble Cap. Repellent Name: BeetleBall Technical. Insecticide. 4. File Symbol: 72098–R. Applicant: pheromone. Active ingredient: 3- Active ingredient: 4-Allyl anisole Taensa, Inc. Product Name: BeetleBall Methyl-2-cyclohexene-1-one at 2.1.%. (Estragole) at 98%. Proposed Microencap. Insecticide. Active Proposed classification/Use: None. For classification/Use: None. For ingredient: 4-Allyl anisole (Estragole) at use to prevent infestations of the 20.0%. Proposed classification/Use: Douglas-Fir and the Spruce by the

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Douglas-Fir Beetle and by the Spruce FEDERAL COMMUNICATIONS Estimated Time Per Response: 4 to 40 Beetle respectively. (W. Nelson) COMMISSION hours. Notice of approval or denial of an Frequency of Response: On occasion Notice of Public Information Collection reporting requirements; Third Party application to register a pesticide Submitted to OMB for Review and disclosure. product will be announced in the Approval Total Annual Burden: 8,800 hours. Federal Register. The procedure for Total Annual Costs: $1,204,000. requesting data will be given in the April 13, 1999. Needs and Uses: The procedural Federal Register if an application is SUMMARY: The Federal Communications requirements set forth in this approved. Commission, as part of its continuing proceeding describe the process for Comments received within the effort to reduce paperwork burden filing petitions and complaints under specified time period will be considered invites the general public and other Part 76 of the Commission’s rules. This before a final decision is made; Federal agencies to take this information contained in the petitions opportunity to comment on the comments received after the time and complaints is part of the record following information collection, as specified will be considered only to the used by the Commission in its decision- required by the Paperwork Reduction extent possible without delaying making. Without the information, the Act of 1995, Public Law 104–13. An processing of the application. Commission would be unable to enforce agency may not conduct or sponsor a its rules and would be unresponsive to II. Public Record and Electronic collection of information unless it entities regulated by the Commission. displays a currently valid control Submissions Federal Communications Commission. number. No person shall be subject to The official record for this notice, as any penalty for failing to comply with Magalie Roman Salas, well as the public version, has been a collection of information subject to the Secretary. established for this notice under docket Paperwork Reduction Act (PRA) that [FR Doc. 99–9835 Filed 4–19–99; 8:45 am] number [OPP–30475] (including does not display a valid control number. BILLING CODE 6712±01±P comments and data submitted Comments are requested concerning (a) electronically as described below). A whether the proposed collection of FEDERAL COMMUNICATIONS public version of this record, including information is necessary for the proper COMMISSION printed, paper versions of electronic performance of the functions of the Commission, including whether the comments, which does not include any FCC Closes on April 23, 1999 information claimed as CBI, is available information shall have practical utility; for inspection from 8:30 a.m. to 4 p.m., (b) the accuracy of the Commission’s Released: April 12, 1999. Monday through Friday, excluding legal burden estimate; (c) ways to enhance The U.S. Office of Personnel holidays. The official notice record is the quality, utility, and clarity of the Management has issued guidance for the located at the address in ‘‘ADDRESSES’’ information collected; and (d) ways to closing of certain federal agencies on minimize the burden of the collection of at the beginning of this document. Friday, April 23, 1999, as a result of the information on the respondents, planned activities associated with the Electronic comments can be sent including the use of automated 50th Anniversary NATO Summit. In directly to EPA at: collection techniques or other forms of accordance with this guidance, the FCC [email protected] information technology. will be closed on Friday, April 23, 1999. DATES: Written comments should be All filings, paper and electronic, due on Electronic comments must be submitted on or before May 20, 1999. If April 23, 1999, will be accepted as submitted as an ASCII file avoiding the you anticipate that you will be timely on the next official work day. use of special characters and any form submitting comments, but find it Federal Communications Commission. of encryption. Comment and data will difficult to do so within the period of Magalie Roman Salas, also be accepted on disks in time allowed by this notice, you should Secretary. Wordperfect 5.1/6.1 or ASCII file advise the contact listed below as soon format. All comments and data in as possible. [FR Doc. 99–9833 Filed 4–19–99; 8:45 am] BILLING CODE 6712±01±M electronic form must be identified by ADDRESSES: Direct all comments to Les the docket number [OPP–30475]. Smith, Federal Communications Electronic comments on this notice may Commissions, 445 12th Street, S.W., FEDERAL COMMUNICATIONS be filed online at many Federal Room 1–A804, Washington, DC 20554 COMMISSION Depository Libraries. or via the Internet to [email protected]. [Report No. 2325] Authority: 7 U.S.C. 136. FOR FURTHER INFORMATION CONTACT: For additional information or copies of the List of Subjects Petitions for Reconsideration and information collections contact Les Clarification of Action in Rulemaking Smith at (202) 418–0217 or via the Environmental protection, Pesticides Proceedings Internet at [email protected]. and pest, Product registration. SUPPLEMENTARY INFORMATION: April 13, 1999. Dated: April 1, 1999. OMB Control Number: 3060–XXXX. Petitions for Reconsideration have Janet L. Andersen, Title: Part 76, Cable Television been filed in the Commission’s Director, Biopesticides and Pollution Service Pleading and Complaint Rules. rulemaking proceedings listed in this Prevention Division, Office of Pesticide Form Number: N/A. Public Notice and published pursuant to Programs. Type of Review: New collection. 47 CFR Section 1.429(e). The full text of [FR Doc. 99–9865 Filed 4–19–99; 8:45 am] Respondents: Business and other for- these documents are available for BILLING CODE 6560±50±F profit entities; Individuals or viewing and copying in Room 239, 1919 households. M Street, NW, Washington, DC or may Number of Respondents: 400. be purchased from the Commission’s

VerDate 23-MAR-99 16:22 Apr 20, 1999 Jkt 183247 PO 00000 Frm 00023 Fmt 4703 Sfmt 4703 E:\FR\FM\20APN1.XXX pfrm07 PsN: 20APN1 19358 Federal Register / Vol. 64, No. 75 / Tuesday, April 20, 1999 / Notices copy contractor, ITS, Inc. (202) 857– Number of Petitions Filed: 1. ACTION: Notice. 3800. Oppositions to these petitions Federal Communications Commission. must be filed by May 5, 1999. See Magalie Roman Silas, SUMMARY: Notice is hereby given that Section 1.4(b)(1) of the Commission’s Secretary. the FDIC, for itself or as successor in rules (47 CFR 1.4(b)(1). Replies to an interest to the Resolution Trust opposition must be filed within 10 days [FR Doc 99–9834 Filed 4–19–99; 8:45 am] BILLING CODE 6712±01±M Corporation, in its capacity as Receiver after the time for filing oppositions has for the Institutions set forth below (the expired. ‘‘Receiver’’) intends to terminate these Subject: Policies and Rules for FEDERAL DEPOSIT INSURANCE receiverships during the second Alternative Incentive Based Regulation calendar quarter of 1999. of Comsat Corporation (IB Docket No. CORPORATION FOR FURTHER INFORMATION CONTACT: 98–60). Notice to All Interested Parties of the Division of Resolutions and Number of Petitions Filed: 1. Termination of Certain Receiverships Subject: Implementation of the Pay by the FDIC in the Second Quarter of Receiverships, Terminations Section, 1– Telephone Reclassification and 1999 800–568–9161. Compensation Provisions of the SUPPLEMENTARY INFORMATION: Telecommunications Act of 1996 (CC AGENCY: Federal Deposit Insurance Docket No. 96–128). Corporation (FDIC).

Receiver- ship No. Financial institution name City State

1249 ...... Life Federal Savings Bank ...... Clearwater ...... FL 1252 ...... Advanced Savings Bank, FSB ...... Northridge ...... CA 1254 ...... Irving Federal Bank for Savings, FSB ...... Chicago ...... IL 1264 ...... Goldome Savings Bank, FSB ...... St. Petersburg ...... FL 1305 ...... Home Federal Savings Bank ...... Norfolk ...... VA 2110 ...... Southeastern Savings Bank, Incorporated ...... Charlotte ...... NC 2202 ...... Home Savings Association of Kansas City ...... Kansas City ...... MO 2536 ...... Park Bank of Florida ...... St. Petersburg ...... FL 4211 ...... Home National Bank of Milford ...... Milford ...... MA 4215 ...... NBC Bank-Houston, N.A...... Houston ...... TX 4244 ...... Capital National Bank ...... Bronx ...... NY 4254 ...... American Bank & Trust Company ...... Baton Rouge ...... LA 4298 ...... First National Bank of Rowlett ...... Rowlett ...... TX 4332 ...... Coolidge Corner Co-Operative Bank ...... Brookline ...... MA 4362 ...... University Bank, N.A...... Newton ...... MA 4382 ...... Citytrust ...... Bridgeport ...... CT 4395 ...... Suffield Bank ...... Suffield ...... CT 4398 ...... Bank Five for Savings ...... Arlington ...... MA 4423 ...... Community National Bank & Trust Co...... New York City ...... NY 4432 ...... Merchants National Bank ...... Leominster ...... MA 4459 ...... Broadway Bank & Trust Co...... Paterson ...... NJ 4475 ...... Southstate Bank for Savings ...... Brockton ...... MA 4492 ...... Workingmen's Co-Operative Bank ...... Boston ...... MA 4551 ...... Burritt Interfinancial Bancorporation ...... New Britain ...... CT 4565 ...... Jefferson National Bank ...... Watertown ...... NY 4571 ...... College Boulevard National Bank ...... Overland Park ...... KS 4583 ...... Capital Bank of California ...... Los Angeles ...... CA 4614 ...... Commerce Bank ...... Newport Beach ...... CA 4618 ...... Ludlow Savings Bank ...... Ludlow ...... MA 4623 ...... Founders Bank ...... New Haven ...... CT 4626 ...... Peoples Bank and Trust ...... Borger ...... TX 4628 ...... Fairfield First Bank & Trust Co...... Southport ...... CT 5963 ...... First Service Bank for Savings ...... Leominster ...... MA 6543 ...... Citizens State Bank of Fulda ...... Fulda ...... MN 6928 ...... Acadia Savings and Loan Association, FSA ...... Crowley ...... LA 7024 ...... Durand Federal Savings and Loan Association ...... Durand ...... WI 7054 ...... American Savings, a Federal Savings and Loan Association ...... Salt Lake City ...... UT 7067 ...... First Savings and Loan Association, FA ...... Waco ...... TX 7071 ...... Bexar Savings Association ...... San Antonio ...... TX 7180 ...... Heritage Federal Savings & Loan Association ...... Monroe ...... NC 7268 ...... General Federal Savings Bank ...... Miami ...... FL 7323 ...... Jasper Federal Savings & Loan Association ...... Jasper ...... TX 7325 ...... Southwestern Federal Savings Association ...... El Paso ...... TX 7353 ...... First South Savings Association ...... Port Neches ...... TX 7374 ...... Germania Bank, FSB ...... Alton ...... IL 7579 ...... Victor Savings and Loan Association a Federal Savings and Loan Association Muskogee ...... OK

The liquidation of the assets of these To the extent permitted by available making a final dividend payment to receiverships is expected to be funds and in accordance with law, the proven creditors. completed no later than June 30, 1999. Receiver for these institutions will be

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Based upon the foregoing, the (The following Catalog of Federal Domestic FEDERAL MARITIME COMMISSION Receiver has determined that the Assistance Numbers (CFDA) are to be used continued existence of such for reporting and drawing funds: 83.537, Notice of Agreement(s) Filed receiverships will serve no useful Community Disaster Loans; 83.538, Cora The Commission hereby gives notice purpose. Consequently, notice is given Brown Fund Program; 83.539, Crisis of the filing of the following that the receiverships will be Counseling; 83.540, Disaster Legal Services agreement(s) under the Shipping Act of terminated, as soon as practicable but Program; 83.541, Disaster Unemployment 1984. no sooner than thirty (30) days after the Assistance (DUA); 83.542, Fire Suppression Assistance; 83.543, Individual and Family Interested parties can review or obtain date of this Notice. copies of agreements at the Washington, If any person wishes to comment Grant (IFG) Program; 83.544, Public Assistance Grants; 83.545, Disaster Housing DC offices of the Commission, 800 concerning the termination of the Program; 83.548, Hazard Mitigation Grant North Capitol Street, N.W., Room 962. receivership, such comment must be Program.) Interested parties may submit comments made in writing and sent within thirty on an agreement to the Secretary, days of the date of this Notice to: Lacy E. Suiter, Executive Associate Director, Response and Federal Maritime Commission, Federal Deposit Insurance Corporation, Washington, DC 20573, within 10 days Division of Resolutions and Recovery Directorate. [FR Doc. 99–9852 Filed 4–19–99; 8:45 am] of the date this notice appears in the Receiverships, Attention: Terminations Federal Register. Department, 1910 Pacific Avenue, BILLING CODE 6718±02±P Dallas, TX 75201. Agreement No.: 202–011346–009 Title: Israel Trade Conference No comments concerning the Parties: termination of this receivership will be FEDERAL EMERGENCY MANAGEMENT AGENCY Farrell Lines Incorporated considered which are not sent within Zim Israel Navigation Co., Ltd. this time frame. Synopsis: The proposed modification Dated: April 15, 1999. [FEMA±3130±EM] deletes any reference to loyalty contracts; provides for the right of Federal Deposit Insurance Corporation. Commonwealth of Puerto Rico; independent action for freight Robert E. Feldman, Amendment No. 4 to Notice of an forwarder compensation; permits Executive Secretary. Emergency [FR Doc. 99–9844 Filed 4–19–99; 8:45 am] conference members to enter into individual service contracts, to BILLING CODE 6714±01±P AGENCY: Federal Emergency exchange information, and to Management Agency (FEMA). implement voluntary service contract ACTION: Notice. guidelines; and makes other FEDERAL EMERGENCY administrative changes as well as MANAGEMENT AGENCY SUMMARY: This notice amends the notice restating the agreement. The parties [FEMA±1269±DR] of an emergency for the Commonwealth have requested expedited review. of Puerto Rico, (FEMA–3130–EM), dated Dated: April 15, 1999. Louisiana; Amendment No. 1 to Notice September 21, 1998, and related of a Major Disaster Declaration By Order of the Federal Maritime determinations. Commission. AGENCY: Federal Emergency EFFECTIVE DATE: September 30, 1998. Bryant L. VanBrakle, Management Agency (FEMA). Secretary. FOR FURTHER INFORMATION CONTACT: ACTION: Notice. [FR Doc. 99–9854 Filed 4–19–99; 8:45 am] Madge Dale, Response and Recovery BILLING CODE 6730±01±M SUMMARY: This notice amends the notice Directorate, Federal Emergency of a major disaster for the State of Management Agency, Washington, DC Louisiana, (FEMA–1269–DR), dated 20472, (202) 646–3260. FEDERAL MARITIME COMMISSION April 9, 1999, and related SUPPLEMENTARY INFORMATION: Notice is determinations. hereby given that the incident period for Fact Finding Investigation No. 23Ð EFFECTIVE DATE: April 12, 1999. this disaster is closed effective Ocean Common Carrier Practices in the Transpacific Trades; Amended FOR FURTHER INFORMATION CONTACT: September 30, 1998. Order of Investigation Madge Dale, Response and Recovery (The following Catalog of Federal Domestic Directorate, Federal Emergency Assistance Numbers (CFDA) are to be used On September 21, 1998, pursuant to Management Agency, Washington, DC for reporting and drawing funds: 83.537, the Shipping Act of 1984, 46 U.S.C. app. 20472, (202) 646–3772. Community Disaster Loans; 83.538, Cora 1701 et seq. (‘‘Act’’), the Federal SUPPLEMENTARY INFORMATION: The notice Brown Fund Program; 83.539, Crisis Maritime Commission (‘‘Commission’’) of a major disaster for the State of Counseling; 83.540, Disaster Legal Services commenced this nonadjudicatory fact Louisiana is hereby amended to include Program; 83.541, Disaster Unemployment finding proceeding to investigate Individual Assistance in the following Assistance (DUA); 83.542, Fire Suppression allegations that ocean common carriers areas among those areas determined to Assistance; 83.543, Individual and Family in the eastbound Transpacific trades have been adversely affected by the Grant (IFG) Program; 83.544, Public were engaging in activities that may be catastrophe declared a major disaster by Assistance Grants; 83.545, Disaster Housing in violation of certain provisions of the Program; 83.548, Hazard Mitigation Grant the President in his declaration of April Act. Commissioner Delmond J.H. Won Program.) 9, 1999: was appointed as Investigative Officer Robert J. Adamcik, Bossier Parish for Individual Assistance and was authorized to hold hearings Deputy Associate Director, Response and (already designated for Public Assistance). and to utilize compulsory processes, Recovery Directorate. Caddo Parish for Individual and Public including subpoenas, to obtain relevant Assistance. [FR Doc. 99–9853 Filed 4–19–99; 8:45 am] testimony and documents. Claiborne Parish for Public Assistance. BILLING CODE 6718±02±P Commissioner Won conducted an

VerDate 23-MAR-99 16:22 Apr 20, 1999 Jkt 183247 PO 00000 Frm 00025 Fmt 4703 Sfmt 4703 E:\FR\FM\20APN1.XXX pfrm07 PsN: 20APN1 19360 Federal Register / Vol. 64, No. 75 / Tuesday, April 20, 1999 / Notices expedited investigation and submitted a Officer named herein, at (202) 523–5783 Hapag-Lloyd Container Linie GmbH (‘‘Hapag- confidential Report and (Phone) or (202) 523–5785 (Fax), should Lloyd’’) Recommendations (‘‘Report’’) to the they wish to provide testimony or Hyundai Merchant Marine Co., Ltd. Commission on January 5, 1999. evidence, or to contribute in any other (‘‘Hyundai’’) A summary of Commissioner Won’s manner to the development of a Kawasaki Kisen Kaisha, Ltd. (‘‘K-Line’’) Report was released to the public on complete factual record in this Mitsui O.S.K. Lines, Ltd. (‘‘MOL’’) March 12, 1999. Generally, as indicated proceeding. Nippon Yusen Kaisha (‘‘NYK’’) by the summary, evidence cited in the Therefore, it is ordered, That pursuant Orient Overseas Container Line, Inc. Report corroborates allegations that to sections 8, 10, 11, 12 and 15 of the (‘‘OOCL’’) carriers in the eastbound Transpacific Shipping Act of 1984, 46 U.S.C. app. P&O Nedlloyd B.V. (‘‘P&O Nedlloyd’’) trades, faced with shortages of space 1707, 1709, 1710, 1711 and 1714, and P&O Nedlloyd Ltd. (‘‘P&O Nedlloyd’’) during the peak 1998 holiday shipping part 502, Subpart R of Title 46 of the Sea-Land Service, Inc. (‘‘Sea-Land’’) season, refused to carry low rated cargo Code of Federal Regulations, 46 CFR Yangming Marine Line (‘‘Yangming’’) at applicable rates, targeted the cargo of 502.281, et seq., this nonadjudicatory [FR Doc. 99–9855 Filed 4–19–99; 8:45 am] non-vessel-operating common carriers investigation into practices of ocean BILLING CODE 6730±01±M (‘‘NVOCCs’’) for rate and space common carriers in the Transpacific discrimination, and imposed significant trades is continued in order to develop and sudden increases in rates and the issues set forth above and to provide FEDERAL MARITIME COMMISSION charges. Among other things, the Report a basis for any subsequent regulatory, indicates that space was allocated in adjudicatory or injunctive action by the [Docket No. 99±05] many instances on the basis of profit to Commission. the carrier; and that bookings were often It is further ordered, That the Anera and Its Members-Opting Out of rejected unless the shipper agreed to Investigative Officer shall be Vern W. Service Contracts; Order To Show significantly increased rates or charges. Hill, Esq., Director, Bureau of Cause Large, reliable contract shippers were Enforcement, of the Commission. The said generally to have received Investigative Officer shall be assisted by On September 21, 1998, the preferential space allocations. staff members as may be assigned by the Commission instituted Fact Finding The Commission has determined to Commission’s Managing Director and Investigation No. 23—Ocean Common pursue certain of the Report’s findings shall have full authority to hold public Carrier Practices in the Trans-Pacific through further investigation and or non-public sessions, to resort to all Trades, for the purpose of conducting enforcement action under sections 8, 10 compulsory process authorized by law an inquiry into allegations that ocean and 11 of the Act, as appropriate. To (including the issuance of subpoenas ad common carriers in the eastbound facilitate such further investigation, the testificandum and duces tecum), to Transpacific trades have engaged in Commission is continuing this administer oaths, to require reports, and activities in violation of the Shipping proceeding to assist in developing to perform such other duties as may be Act of 1984 (‘‘1984 Act’’), 46 U.S.C. app. additional evidence concerning the necessary in accordance with the laws 1701, et seq. 28 S.R.R. 445 (1998). The of the United States and the regulations activities of ocean common carriers alleged violations included various listed in Appendix A hereto during the of the Commission; forms of refusals to provide space for period July 1, 1998 to November 1, 1998 It is further ordered, That the cargo during the 1998 peak holiday in the eastbound Transpacific trades, Investigative Officer shall issue a report shipping season unless the shipper and related to the following issues: of findings and recommendations no 1. Refusing to provide vessel space or later than 180 days after publication of agreed to significantly increased rates or equipment to shippers under existing this Order in the Federal Register, and charges, and the widespread practice of service contract rates; interim reports if it appears that more allocating space on the basis of revenue 2. Demanding or charging rates higher immediate Commission action is or profit to be achieved by the carrier. than those set forth in applicable tariffs necessary, such reports to remain The Commission’s Order of or service contracts; confidential unless and until the Investigation (‘‘Order’’) delegated 3. Subjecting any particular non- Commission provides otherwise; authority to the Investigative Officer to vessel-operating common carrier It is further ordered, That this hold hearings, and to issue subpoenas (‘‘NVOCC’’) or NVOCC traffic generally, proceeding shall be discontinued upon for the attendance of witnesses and the to any unreasonable refusal to deal, to acceptance of the final report of findings production of documents. any undue or unreasonable prejudice or and recommendations by the As directed in the Order, the disadvantage, or to unjustly Commission, unless otherwise ordered Investigative Officer issued a report and discriminatory rates or charges; and by the Commission; and recommendations to the Commission on 4. Transporting cargo for, or soliciting It is further ordered, That notice of January 5, 1999. Included in that report service contracts from, individual this Order be published in the Federal were information and evidence members of shippers’ associations at Register. concerning a practice engaged in by the rates higher than those found in existing By the Commission. contracts of the applicable associations. Asia North America Eastbound Rate In addition, the Commission is Bryant L. VanBrakle, Agreement (‘‘ANERA’’) and its members designating Vern W. Hill, Director, Secretary. referred to as ‘‘opting out’’ of conference Bureau of Enforcement, as the Appendix A service contracts. This term is used to describe a method of participation in Investigative Officer for the continued Ocean Common Carriers phase of this proceeding. Mr. Hill will ANERA contracts whereby a have all of the powers formerly APL Co. PTE, Ltd. (‘‘APL’’) participating carrier may charge a rate American President Lines, Ltd. (‘‘APL’’) other than that agreed to by the shipper delegated to Commissioner Delmond A.P. Moller-Maersk Line (‘‘Maersk’’) Won to pursue the issues set forth COSCO Container Lines, Ltd. (‘‘COSCO’’) in the contract. Thus, the ‘‘opting out’’ above. Evergreen Marine Corp. (Taiwan) Ltd. carrier agrees to carry cargo under the Interested persons are invited and (‘‘Evergreen’’) contract, but ‘‘opts out’’ of the contract encouraged to contact the Investigative Hanjin Shipping Co., Ltd. (‘‘Hanjin’’) rates. As discussed below, the rates

VerDate 23-MAR-99 16:22 Apr 20, 1999 Jkt 183247 PO 00000 Frm 00026 Fmt 4703 Sfmt 4703 E:\FR\FM\20APN1.XXX pfrm07 PsN: 20APN1 Federal Register / Vol. 64, No. 75 / Tuesday, April 20, 1999 / Notices 19361 charged by the ‘‘opting out’’ carrier may ANERA document No. 106690. The consent. Thus, the ‘‘opt out’’ provisions be the tariff rates found in ANERA’s contract to which this correspondence found in the ANERA contracts listed in tariff applicable to that particular carrier refers, SC No. 7490/98, lists all of the Appendix A to this order appear to be (i.e., the rate may be a common tariff ANERA carriers as participants. Article in violation of section 8(c) of the 1984 rate or an independent action rate). 6 of that contract, and its essential terms Act and the Commission’s regulations. However, the cargo carried under those publication sets forth the contract rates. Section 10(d)(1) of the 1984 Act states higher tariff rates would count toward Note 3 to Article 6, which appears to be that, ‘‘No common carrier * * * may the minimum quantity set forth in the ‘‘boilerplate’’ language in ANERA fail to establish, observe and enforce just contract and, conversely, the contracts containing an ‘‘opt out’’ and reasonable regulations and practices conference’s exposure to liquidated clause, states: relating to or connected with receiving damages for failure to make sufficient The following participating carrier(s) ** * or delivering property.’’ The space available under the contract could has opted out of the following Contract practices of ANERA and its members in be diminished by offers from the rates pursuant to Rule 101.H of the ET agreeing upon and implementing ‘‘opt ‘‘opting out’’ carrier to carry cargo at tariff: out’’ provisions in 1998–1999 service tariff rates. Line: Sea-Land Service Inc. contracts appear to be unjust and This device is new to ANERA Commodity: All unreasonable in that ‘‘opting out’’ contracts in 1998–1999, and has been Port Pair: All carriers refuse to accept bookings, and, used primarily by Sea-Land Service, Inc. Pursuant to Rule 101.H, certain thus, to receive, transport, or deliver (‘‘Sea-Land’’), according to evidence shipments at the tariff rates applicable cargo, under the rate for which a developed in the fact finding to the above carrier and port pair(s) may shipper has bargained in a service investigation. Commission records apply under this Contract. (Emphasis contract. Moreover, this refusal by reflect that Sea-Land ‘‘opted out’’ of at supplied) ‘‘opting out’’ carriers may result in a least 183 ANERA service contracts Rule 101.H of ANERA’s Essential shipper being penalized for failure to meet its minimum cargo requirements which were still in effect as of March Terms tariff is as follows: under the contract if it chooses not to 29, 1999.1 As space became tight during H. Any participating carrier may opt out of ship at higher rates with an ‘‘opting out’’ the 1998 peak shipping season, Sea- any of the rates in this Contract. Notice of carrier.2 Therefore, these practices Land appears to have utilized this any such opt-out shall be given prior to the appear to violate section 10(d)(1) of the device extensively to obtain greater effective date of this Contract and shall be shown in Appendix A hereto. The 1984 Act. revenue from contract shippers which Now, therefore, it is ordered That could not find space on other carriers. participating carrier may revoke the opt-out at any time during the term of this Contract pursuant to section 11 of the Shipping A review of active ANERA service by written notice to ANERA and the Shipper, Act of 1984, 46 U.S.C. app. 1710, contracts in the Commission’s files as of after which it would be fully a party to the ANERA and its members are directed to March 29, 1999, also indicates that the Contract for the remainder of its term and show cause why they should not be following additional carriers ‘‘opted may not opt out further. Cargo carried by found to have violated section 8(c) of out’’ of ANERA service contracts: A.P. such participating carrier during any opt out the Shipping Act of 1984 by failing to period shall count toward the Quantity Moller-Maersk Line (13 contracts); file with the Commission and make American President Lines, Ltd. (3 Commitments of this Contract, provided that the rate shall be the governing tariff rate available to the general public in tariff contracts); Hapag-Lloyd Container Line format, a concise statement of the GmbH (8 contracts); Kawaski Kisen (either common or I/A) applicable to that participating carrier at time of shipment, and essential terms, including the line haul Kaisha, Ltd. (12 contracts); Mitsui provided further that such cargo may count rate, of at least 198 service contracts in O.S.K. Lines, Ltd. (1 contract); and P&O under the Contract only if the applicable which one or more members have Nedlloyd Ltd./B.V. (1 contract). tariff rate is higher than the corresponding ‘‘opted out.’’ Appendix A hereto is a list of 198 active rate set forth in Appendix A of this Contract. It is further ordered That ANERA and ANERA service contracts as of March All rules, extra charges, and other terms and its members are directed to show cause 29, 1999, from which one or more of the conditions of the Contract shall apply per the why they should not be found in Contract. above-named carriers ‘‘opted out.’’ violation of Commission rules at 46 CFR One contract shipper which was Section 8(c) of the Shipping Act of 514.17(c)(2) for filing essential terms for charged tariff rates during peak season 1984 (‘‘1984 Act’’) requires that an at least 198 service contracts that are complained to ANERA that Sea-Land ocean common carrier file with the uncertain, vague and ambiguous and/or had charged an excessive rate and Commission and make available to the sought a refund of the difference general public in tariff format, a concise 2 Rule 107(A) of ANERA’s Essential Terms tariff between the rate charged and the statement of the essential terms of a appears to provide the shipper with the freedom to contract rate. ANERA replied that Sea- service contract, including the line-haul choose the participating carrier who will transport the shipper’s cargo during the duration of the land had charged the correct rate under rate. The Commission’s rules at 46 CFR service contract. However, space on any specific the terms of the contract, explaining: 514.17(c)(2) provide that essential terms vessel is not guaranteed to the shipper. Therefore, All ANERA carriers can carry cargo under may not ‘‘(i) [b]e uncertain, vague or according to Rule 107(B), if the shipper ‘‘is unable ambiguous; or (ii) [c]ontain any to secure space on any particular vessel of a your contract and all must charge the participating carrier, [s[hipper agrees to contact all contract rates except for Sea-Land, which provision permitting modification by of the other participating carriers successively until must charge the general tariff rate at the time the parties other than in full compliance appropriate substitute space has been found.’’ of shipment. Sea-Land liftings shall be with this part.’’ The essential terms Under these contractual conditions, if the only counted towards the MQC [Minimum quoted above appear to be uncertain, participating carrier that is able to provide space to Quantity of Cargo] in your contract, although vague and ambiguous in that neither the the shipper is also one that has ‘‘opted out’’ of the the rate is different than other carriers. service contract rates, then the shipper may be shipper nor the Commission nor the faced with the unattractive choice of either paying public knows which rates will apply to the higher tariff rates for the transportation of its 1 Sea-Land produced statistics in the fact finding any particular shipment. In addition, cargo, or of breaching the contract by failing to meet investigation indicating a total of 215 service its Minimum Quantity Commitment, thereby contracts from which that carrier had ‘‘opted out’’ the rate can be modified by the exposing itself to liability and penalties in the form as of October 31, 1998. Apparently, some of those conference, or by the individual carrier, of liquidated damages, as specified in Article 9 of contracts are no longer in effect. at any time, without the shipper’s the contract.

VerDate 23-MAR-99 16:22 Apr 20, 1999 Jkt 183247 PO 00000 Frm 00027 Fmt 4703 Sfmt 4703 E:\FR\FM\20APN1.XXX pfrm07 PsN: 20APN1 19362 Federal Register / Vol. 64, No. 75 / Tuesday, April 20, 1999 / Notices can be modified at any time without the support of Respondents no later than It is further ordered That, if violations shipper’s consent. May 14, 1999. are found by the Commission, such It is further ordered That ANERA and It is further ordered That the violations be referred to an its members are directed to show cause Commission’s Bureau of Enforcement is Administrative Law Judge for why they should not be found in made a party to this proceeding; assessment of civil penalties as It is further ordered That reply violation of section 10(d)(1) of the 1984 appropriate, under section 13 of the affidavits and memoranda of law shall Act for failure to establish, observe and Shipping Act of 1984, 46 U.S.C. app. be filed by the Bureau of Enforcement enforce just and reasonable regulations 1712. and any intervenors in opposition to and practices relating to or connected Respondents no later than June 3, 1999. It is further ordered That notice of this with receiving or delivering property It is further ordered That rebuttal Order to Show Cause be published in under service contracts containing ‘‘opt affidavits and memoranda of law shall the Federal Register, and that a copy out’’ clauses. be filed by Respondents and intervenors thereof be served by express delivery It is further ordered That this in support no later than June 18, 1999. upon Respondents; proceeding is limited to the submission It is further ordered That; It is further ordered That all of affidavits of fact and memoranda of (a) Should any party believe that an documents submitted by any party of law. evidentiary hearing is required, that record in this proceeding shall be filed It is further ordered That any person party must submit a request for such hearing, together with a statement in accordance with Rule 118 of the having an interest and desiring to Commission’s Rules of Practice and intervene in this proceeding shall file a setting forth in detail the facts to be proved, the relevance of those facts to Procedure, 46 CFR 502.118, as well as petition for leave to intervene in the issues in this proceeding, a being mailed directly to all parties of accordance with Rule 72 of the description of the evidence which record; Commission’s Rules of Practice and would be adduced, and why such Procedure, 46 CFR 502.72. Such petition Finally, it is ordered That pursuant to evidence cannot be submitted by shall be accompanied by the petitioner’s the terms of Rule 61 of the affidavit; Commission’s Rules of Practice and memorandum of law and affidavits of (b) Should any party believe that an Procedure, 46 CFR 502.61, the final fact, if any, and shall be filed no later oral argument is required, that party decision of the Commission in this than the day fixed below; must submit a request specifying the It is further ordered That ANERA and reasons therefore and why argument by proceeding shall be issued by its members as set forth in Appendix B memorandum is inadequate to present September 1, 1999. hereto are named as Respondents in this the party’s case; and By the Commission. proceeding. Affidavits of fact and (c) Any request for evidentiary Bryant L. VanBrakle, memoranda of law shall be filed by hearing or oral argument shall be filed Secretary. Respondents and any intervenors in no later than June 18, 1999.

APPENDIX A.ÐANERA SERVICE CONTRACTS IN WHICH ONE OR MORE MEMBERS HAVE ``OPTED OUT''

Total number Name of carrier of ``OPT outs'' Service contracts with ``OPT outs''

Sea-Land Service, Inc...... 183 7135, 7143, 7190, 7218, 7231, 7256, 7257, 7258, 7259, 7260, 7261, 7262, 7263, 7266, 7267, 7270, 7271, 7272, 7274, 7275, 7277, 7278, 7280, 7282, 7283, 7284, 7285, 7287, 7288, 7289, 7290, 7292, 7294, 7295, 7298, 7299, 7300, 7301, 7303, 7306, 7308, 7309, 7310, 7311, 7312, 7314, 7315, 7317, 7318, 7319, 7320, 7321, 7322, 7323, 7324, 7325, 7329, 7331, 7334, 7335, 7336, 7337, 7338, 7339, 7340, 7341, 7344, 7345, 7347, 7349, 7352, 7354, 7355, 7357, 7358, 7359, 7362, 7363, 7364, 7365, 7366, 7367, 7368, 7371, 7372, 7373, 7374, 7376, 7377, 7378, 7380, 7381, 7382, 7383, 7384, 7385, 7386, 7388, 7389, 7391, 7393, 7394, 7395, 7396, 7397, 7398, 7399, 7400, 7402, 7403, 7404, 7405, 7406, 7409, 7410, 7411, 7412, 7413, 7415, 7418, 7419, 7421, 7423, 7424, 7427, 7429, 7430, 7431, 7435, 7436, 7438, 7440, 7442, 7443, 7444, 7445, 7446, 7448, 7449, 7450, 7451, 7452, 7453, 7455, 7456, 7457, 7458, 7459, 7460, 7461, 7464, 7466, 7467, 7468, 7470, 7471, 7472, 7473, 7474, 7477, 7479, 7480, 7481, 7482, 7485, 7487, 7489, 7490, 7491, 7492, 7493, 7494, 7495, 7496, 7497, 7500, 7501, 7502, 7504, 7505, 7510, 7511, 7627. A.P. Moller-Maersk Line ...... 13 6918, 7191, 7229, 7230, 7256, 7274, 7298, 7321, 7340, 7341, 7368, 7416, 7627. Kawasaki Kisen Kaisha, Ltd (``K'' Line) .... 12 7265, 7277, 7294, 7300, 7308, 7329, 7334, 7368, 7374, 7415, 7417, 7419. Hapag-Lloyd Container Linie GmbH ...... 8 7368, 7675, 7679, 7682, 7683, 7685, 7686, 7687. American President Lines Ltd...... 3 7406, 7478, 7679. P&O Nedlloyd Ltd./B.V...... 1 7334. Mitsui O.S.K. Lines Ltd...... 1 7368. Source: ATFI Essential Terms Publication as of March 29, 1999.

Appendix B Hapag-Lloyd Container Linie GmbH (‘‘Hapag- P&O Nedlloyd B.V. (‘‘P&O Nedlloyd’’) Lloyd’’) P&O Nedlloyd Ltd. (‘‘P&O Nedlloyd’’) Members of the Asia North America Kawasaki Kisen Kaisha, Ltd. (‘‘K-Line’’) Sea-Land Service, Inc. (‘‘Sea-Land’’) Eastbound Rate Agreement Mitsui O.S.K. Lines, Ltd. (‘‘MOL’’) [FR Doc. 99–9856 Filed 4–19–99; 8:45 am] APL Co. PTE Ltd. (‘‘APL’’) Nippon Yusen Kaisha Line (‘‘NYK’’) American President Lines, Ltd. (‘‘APL’’) Orient Overseas Container Line, Ltd. BILLING CODE 6730±01±M A.P. Moller-Maersk Line (‘‘Maersk’’) (‘‘OOCL’’)

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FEDERAL RESERVE SYSTEM FEDERAL RESERVE SYSTEM instruments that Applicants would be permitted to hold directly under the Formations of, Acquisitions by, and Notice of Proposals to Engage in Bank Holding Company Act, previously Mergers of Bank Holding Companies Permissible Nonbanking Activities or found to be permissible by Board Order. to Acquire Companies that are See, Key Corp, 84 Fed. Res. Bull. 1075 The companies listed in this notice Engaged in Permissible Nonbanking (1998); providing administrative have applied to the Board for approval, Activities services to open-end and closed-end pursuant to the Bank Holding Company The companies listed in this notice investment companies, previously Act of 1956 (12 U.S.C. 1841 et seq.) have given notice under section 4 of the found to be permissible by Board Order. (BHC Act), Regulation Y (12 CFR Part Bank Holding Company Act (12 U.S.C. See, Key Corp, 84 Fed. Res. Bull. 1075 225), and all other applicable statutes 1843) (BHC Act) and Regulation Y, (12 (1998); providing certain Internet- and regulations to become a bank CFR Part 225) to engage de novo, or to related services, previously found to be holding company and/or to acquire the acquire or control voting securities or permissible by Board Order. See, Royal assets or the ownership of, control of, or assets of a company, including the Bank of Canada, 84 Fed. Res. Bull. 855 the power to vote shares of a bank or companies listed below, that engages (1998). bank holding company and all of the either directly or through a subsidiary or Board of Governors of the Federal Reserve banks and nonbanking companies other company, in a nonbanking activity System, April 14, 1999. owned by the bank holding company, that is listed in § 225.28 of Regulation Robert deV. Frierson, including the companies listed below. Y (12 CFR 225.28) or that the Board has Associate Secretary of the Board. The applications listed below, as well determined by Order to be closely [FR Doc. 99–9799 Filed 4–19–99; 8:45 am] as other related filings required by the related to banking and permissible for BILLING CODE 6210±01±F Board, are available for immediate bank holding companies. Unless otherwise noted, these activities will be inspection at the Federal Reserve Bank conducted throughout the United States. FEDERAL RESERVE SYSTEM indicated. The application also will be Each notice is available for inspection available for inspection at the offices of at the Federal Reserve Bank indicated. Sunshine Act Meeting the Board of Governors. Interested The notice also will be available for persons may express their views in inspection at the offices of the Board of AGENCY HOLDING THE MEETING: Board of writing on the standards enumerated in Governors. Interested persons may Governors of the Federal Reserve the BHC Act (12 U.S.C. 1842(c)). If the express their views in writing on the System. proposal also involves the acquisition of question whether the proposal complies TIME AND DATE: 11:00 a.m., Monday, a nonbanking company, the review also with the standards of section 4 of the April 26, 1999. includes whether the acquisition of the BHC Act. PLACE: Marriner S. Eccles Federal nonbanking company complies with the Unless otherwise noted, comments Reserve Board Building, 20th and C standards in section 4 of the BHC Act. regarding the applications must be Streets, N.W., Washington, D.C. 20551. Unless otherwise noted, nonbanking received at the Reserve Bank indicated STATUS: activities will be conducted throughout or the offices of the Board of Governors Closed. the United States. not later than May 4, 1999. MATTERS TO BE CONSIDERED: A. Federal Reserve Bank of New Unless otherwise noted, comments 1. Personnel actions (appointments, York (Betsy Buttrill White, Senior Vice promotions, assignments, regarding each of these applications President) 33 Liberty Street, New York, must be received at the Reserve Bank reassignments, and salary actions) New York 10045-0001: involving individual Federal indicated or the offices of the Board of 1. Credit Suisse Group and Credit Reserve System employees. Governors not later than May 14, 1999. Suisse First Boston, both of Zurich, A. Federal Reserve Bank of Chicago Switzerland; to acquire Warburg, Pincus 2. Any items carried forward from a previously announced meeting. (Philip Jackson, Applications Officer) Asset Management Holdings, Inc., New 230 South LaSalle Street, Chicago, York, New York, and thereby engage in CONTACT PERSON FOR MORE INFORMATION: Illinois 60690-1413: financial and investment advisory Lynn S. Fox, Assistant to the Board; activities, pursuant to § 225.28(b)(6) of 202–452–3204. 1. The Bancorp, Inc., Cedarburg, Regulation Y; securities brokerage Wisconsin; to become a bank holding SUPPLEMENTARY INFORMATION: You may activities, pursuant to § 225.28(b)(7)(i) company by acquiring 100 percent of call 202–452–3206 beginning at of Regulation Y; riskless-principal approximately 5 p.m. two business days the voting shares of Elcho activities, pursuant to § 225.28(b)(7)(ii) Bancorporation, Inc., Elcho, Wisconsin, before the meeting for a recorded of Regulation Y; private placement announcement of bank and bank and thereby indirectly acquire activities, pursuant to § 225.28(b)(7)(iii) Northwoods State Bank, Elcho, holding company applications of Regulation Y; other transactional scheduled for the meeting; or you may Wisconsin. activities, pursuant to § 225.28(b)(7)(v) contact the Board’s Web site at http:// Board of Governors of the Federal Reserve of Regulation Y; investing and trading www.federalreserve.gov for an System, April 14, 1999. activities, pursuant to § 225.28(b)(8)(ii) electronic announcement that not only Robert deV. Frierson, of Regulation Y; data processing lists applications, but also indicates services, pursuant to § 225.28(b)(14) of Associate Secretary of the Board. procedural and other information about Regulation Y; serving as investment the meeting. [FR Doc. 99–9800 Filed 4–19–99; 8:45 am] advisor to and the general partner of BILLING CODE 6210±01±F (including, as appropriate, as Dated: April 16, 1999. commodity pool operator for) and Jennifer J. Johnson, holding and placing equity interests in, Secretary of the Board. certain private investment funds which [FR Doc. 99–10007 Filed 4–16–99; 3:44 pm] invest only in securities and other BILLING CODE 6210±01±P

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DEPARTMENT OF HEALTH AND and program areas to emphasize and/or to de- program is to assist State public health HUMAN SERVICES emphasize. In addition, the Board agencies to: (1) Establish and maintain recommends research programs and State-specific, population-based Agency for Toxic Substances and conference support for which the Agency surveillance of selected maternal Disease Registry seeks to make grants to universities, colleges, research institutions, hospitals, and other behaviors and experiences that occur public and private organizations. around the time of pregnancy and early Community/Tribal Subcommittee and Matters To Be Discussed: Agenda items infancy, and (2) to generate State- the Board of Scientific Counselors, will include an overview and panel specific data for informing perinatal Agency for Toxic Substances and discussions of ATSDR’s plans, approaches, health programs and policies. Disease Registry: Meetings and time schedule for developing, with BSC collaboration and input, a five-year B. Eligible Applicants In accordance with section 10(a)(2) of environmental public health research agenda; Assistance will be provided only to the Federal Advisory Committee Act a report to the Board of Scientific Counselors the official State and territorial public (Pub. L. 92–463), the Agency for Toxic from the Community/Tribal Subcommittee health agencies designated as Substances and Disease Registry on issues and concerns related to hazardous registration areas for vital statistics, the (ATSDR) announces the following waste sites; a presentation on an ATSDR/ Commonwealth of Puerto Rico, the subcommittee and committee meetings. Department of Energy (DOE) coordinated research and public health activities plan for Virgin Islands, the Commonwealth of Name: Community/Tribal Subcommittee. selected DOE sites; and brief ATSDR the Northern Mariana Islands, American Times and Dates: 8:30 a.m.–5 p.m., May 4, presentations on translating science to Samoa, Guam, the Federated States of 1999; 8:30 a.m.–5 p.m., May 5, 1999. service, counter-terrorism activities, and Micronesia, the Republic of the Place: The Westin Peachtree Plaza Hotel, international health. 210 Peachtree Street, N.W., Atlanta, Georgia Written comments are welcome and should Marshall Islands, and the Republic of 30303. be received by the contact person listed Palau. Status: Open to the public, limited by the below prior to the opening of the meeting. The following are excluded: available space. The meeting room Agenda items are subject to change as 1. States funded in September 1996, accommodates approximately 60 people. priorities dictate. under Program Announcement 659, Purpose: This subcommittee will bring to Due to administrative delays, this notice entitled ‘‘ Pregnancy Risk Assessment the Board of Scintific Counselors advice and has not been published fifteen days prior to Monitoring System’’: Alabama, Alaska, citizen input, as well as recommendations on the start of the meeting. Arkansas, Colorado, Florida, Georgia, community and tribal programs, practices, Contact Person for More Information: Illinois, Maine, New Mexico, New York, Robert F. Spengler, Sc.D., Executive and policies of the Agency. The North Carolina, Oklahoma, South subcommittee will report directly to the Secretary, BSC, ATSDR, M/S E–28, 1600 Board of Scientific Counselors. Clifton Road, NE, Atlanta, Georgia 30333, Carolina, Washington, and West Matters To Be Discussed: Issues and telephone 404/639–0708. Virginia. concerns of the Community/Tribal The Director, Management Analysis and 2. District and States which have Subcommittee relates to ATSDR’s Services Office has been delegated the previously received funds from CDC for community and tribal programs. ATSDR will authority to sign Federal Register notices PRAMS: District of Columbia, Indiana, present issues and concerns on which it pertaining to announcements of meetings and and Michigan. wishes community/tribal input. Policies and other committee management activities, for In addition, all applicants must activities will be identified and both CDC and ATSDR. provide the following evidence of recommendations for the Agency will be Dated: April 13, 1999. support: developed. The subcommittee will discuss Carolyn J. Russell 1. Written assurance, signed by the CTS procedures; ways and means of Director, Management Analysis and Services head of the State’s Vital Statistics unit, outreaching to communities affected by Office, Centers for Disease Control and that the recipient PRAMS program will hazardous substances in the environment; Prevention (CDC). possibilities for providing funding to have timely (i.e., able to draw a sample communities to obtain their own health [FR Doc. 99–9823 Filed 4–19–99; 8:45 am] from birth certificates within 2 to 4 study expertise; the specific problems with BILLING CODE 4163±70±P months after delivery) access to edited Federal facilities and community access to birth certificate information needed for health services. A report will be prepared sampling and data collection. In and presented to the Board of Scientific DEPARTMENT OF HEALTH AND addition, written assurance that a final Counselors. HUMAN SERVICES birth tape will be available to CDC by Name: Board of Scientific Counselors, December 1 of the following data year Centers for Disease Control and Agency for Toxic Substances and Disease for the purpose of weighting the annual Prevention Registry. dataset. Times and Dates: 8:30 a.m.–5:30 p.m., May [Program Announcement 99070] 2. A letter of commitment from the 6, 1999, 8:30 a.m.–2:00 p.m., May 7, 1999. Directors of the Maternal and Child Place: The Westin Peachtree Plaza Hotel, Pregnancy Risk Assessment 210 Peachtree Street, N.W., Atlanta, Georgia Health (MCH), the Vital Statistics, the 30303. Monitoring System; Notice of Data Processing units, that they will Status: Open to the public, limited by the Availability of Funds work collaboratively to support the available space. The meeting room PRAMS program. A. Purpose accommodates approximately 60 people. Applicants who do not provide these Purpose: The Board of Scientific The Centers for Disease Control and assurances and letters of commitment Counselors, ATSDR, advises the Secretary; Prevention (CDC) announces the will not be eligible for funding, and the Assistant Secretary for Health; and the availability of fiscal year (FY) 1999 their applications will be returned. Administrator, ATSDR, on ATSDR programs funds for a cooperative agreement to ensure scientific quality, timeliness, program for a Pregnancy Risk C. Availability of Funds utility, and dissemination of results. Specifically, the Board advises on the Assessment Monitoring System Approximately $600,000 is available adequacy of the science in ATSDR-supported (PRAMS) program. This program in FY 1999 to fund approximately 5 research, emerging problems that require addresses the ‘‘Healthy People 2000 awards. It is expected that the average scientific investigation, accuracy and Objectives’’ priority area of Maternal award will be $100,000 ranging from currency of the science in ATSDR reports, and Infant Health. The purpose of the $60,000 to $120,000. It is expected that

VerDate 23-MAR-99 16:22 Apr 20, 1999 Jkt 183247 PO 00000 Frm 00030 Fmt 4703 Sfmt 4703 E:\FR\FM\20APN1.XXX pfrm07 PsN: 20APN1 Federal Register / Vol. 64, No. 75 / Tuesday, April 20, 1999 / Notices 19365 the awards will begin on or about organizational units such as MCH, Vital specific questions and core questions for September 30, 1999, and will be made Records, and Data Processing units. new States. for a 12-month budget period within a e. Design a State-wide PRAMS c. Provide program software, training, project period of up to 2 years. Funding program that assures access to needed and ongoing technical support for estimates may change. vital record information. Timely (i.e., operations management, questionnaire Continuation awards within an able to draw a sample from birth data entry, and development of the approved project period will be made certificates within 2 to 4 months after PRAMS analysis database. on the basis of satisfactory progress as delivery) access to birth certificates is d. Assist with the specification of evidenced by required reports and on essential. variable descriptions and format layouts the availability of funds. f. Prepare State-specific questions and of all data files. Use of Funds their rationale and pretest, if needed, e. Provide technical assistance for the questionnaire. With other data editing. Supplantation of existing program participating States, revise the common f. Assist with the development of efforts funded through other Federal or questions at agreed upon intervals. computer programs for sampling. non-Federal sources is not allowable. g. Define the study population and g. Provide technical assistance to Recipient Financial Participation design and maintain a representative resolve problems regarding data PRAMS sample. collection procedures, response rates, CDC funding usually is sufficient to sampling procedures (unbiased cover some operational costs for h. Develop a cycle of sampling and data collection in accordance with the sampling and estimate omissions), and PRAMS, but it is not intended to fully database files (completeness). support all aspects of the program. protocol and CDC developed PRAMS software. h. Assist in the development of States currently receiving cooperative annual weighted analysis datasets for agreement funds contribute their own i. Individual interviewers used by the State to conduct telephone interviewing recipient agencies, including developing resources to PRAMS—mostly in the statistical weights. form of operational resources and in- must follow the standard PRAMS protocol and should be trained in i Assist recipient agency staff in kind staff support. Recipients of awards obtaining training in sample survey under this announcement are expected accordance with PRAMS standards for phone interviewing. analysis software. to commit a minimum of two full-time j. Provide recipients with j. Develop, maintain, and make staff to the project. epidemiological and statistical technical available to CDC, using the standardized assistance. Funding Preferences PRAMS protocol, electronic files on k. Conduct multi-State and single- Funding preferences will be given to birth certificate information of the State analyses, in collaboration with the states which have not implemented sampling frame, and of sampled women, State, and facilitate dissemination and PRAMS through a Memorandum of data collection activities, and translation of findings. Understanding with CDC. questionnaire data on a timely basis for l. Participate with recipient agencies data management (i.e., sampling, D. Program Requirements in workshops, training, and meetings to cleaning, and weighting). Recipients must identify and obtain exchange information among States. k. Monitor, at least, monthly the m. Conduct site visits to monitor the review and approval from a NIH- quality of data collected and its approved Institutional Review Board program operations and to provide management (i.e., through verification technical assistance as needed. (IRB). No data collection may begin and validation efforts). until the provisions of 45 CFR 46, n. Assist in the development of a l. Develop and implement an analysis research protocol for IRB review by all Protection of Human Subjects, have plan. been met (See ‘‘Other Requirements’’ cooperating institutions participating in m. Collaborate with CDC on multi- the research project. section below). State analyses combining or comparing In conducting activities to achieve the o. The CDC IRB will review and data across PRAMS States. purpose of this program, the recipient approve the protocol initially and on at n. Disseminate PRAMS findings will be responsible for the activities least an annual basis until the research through presentations and publications under 1. (Recipient Activities), and CDC project is completed. to health departments, professional will be responsible for conducting societies, voluntary agencies, E. Application Content activities under 2. (CDC Activities). universities, other PRAMS States, and Use the information in the Program 1. Recipient Activities other interested individuals and Requirements, Other Requirements, and a. Adopt the standard PRAMS written organizations. Evaluation Criteria sections to develop protocol. o. Participate with other States in the application content. Your b. Identify, at a minimum, a program training, workshops, and meetings at application will be evaluated on the coordinator and a data manager least once per year. criteria listed, so it is important to dedicated to overall coordination and p. Assure that CDC has a final birth follow them in laying out your program operations of PRAMS. tape by December 1 of the following plan. The narrative should be no more c. Form a Steering Committee data year. The birth tape is needed by than 30 double-spaced pages, printed on consisting of representatives from the CDC for the weighting of the annual one side, with one inch margins, and organizational units housing and dataset which is returned to the State for unreduced font. collaborating on PRAMS, as well as analyses. The applicant must submit the other public and private health 2. CDC Activities following: community representatives. The 1. Background and Need committee should provide oversight and a. Provide model protocol and assist set directions for the program and, at a with development of State-specific a. Describe the rates of low birth minimum, meet at least once per year. written protocols. weight and infant mortality on a d. Assure active cooperation and b. Assist the recipient agencies with Statewide basis and for high-risk sub- collaboration among the participating development and revisions of State- populations and geographical areas of

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Provide any available data that item justification of all operating how PRAMS data may be used to fill describe the extent to which the data expenses that is consistent with the these gaps. collection approach is likely to produce planned activities of the project. The adequate response rates among the c. Describe pregnancy-related budget should also address funds sampled population, including high-risk information that State programs need to requested, as well as the applicant’s in- sub-populations. Applicant should develop and direct intervention policies kind or direct support. The budget provide examples of previous surveys, and activities; and identify priorities for should indicate if funds are already information on risk factors. including past experiences with PRAMS committed to PRAMS and the amount d. Describe how analyses of linked and other data collection activities, and requested under this announcement birth and infant death certificates have their response rates in the proposed should be adjusted accordingly. been used to identify infant health populations. Describe and provide for F. Submission and Deadline problems. The applicant should the inclusion of women, racial and describe how data from PRAMS will ethnic minority populations in the Application proposed research to include: complement the analyses of vital Submit the original and two copies of records by increasing understanding of i. The proposed plan for the inclusion of women, racial and ethnic minority CDC Form 0.1246(E). Forms are in the previously identified infant health application kit. On or before June 18, problems and identifying new problems. populations for appropriate representations. 1999, submit the application to: Mildred S. Garner, Grants Management Officer, 2. Profile of State Birth Registration ii. The proposed justification when Grants Management Branch, Process representation is limited or absent. Procurement and Grants Office, iii. A statement whether the design of a. Describe, in detail, State process for Announcement 99070, Centers for the study is adequate to measure registering births, to include each step Disease Control and Prevention (CDC), differences when warranted. from collection of information at the 2920 Brandywine Road, Room 3000, birth site, having an initial iv. A statement whether the plans for Atlanta, Georgia 30341. computerized file (the sampling frame recruitment and outreach for study Deadline: Applications shall be from which the PRAMS sample will be participants include the process of considered as meeting the deadline if drawn), and having a clean, edited file establishing partnerships with they are either: from which other information can be community(ies) and recognition of (a) Received on or before the deadline drawn. Documentation should be mutual benefits. date; or provided that the sample could be c. Describe the roles, responsibilities, (b) Sent on or before the deadline date drawn from birth certificate information and supervision of key personnel who and received prior to submission to the within 2 to 4 months after the date of will be contributing to the PRAMS review panel. (Applicants must request birth. The description should indicate program during the next budget period. a legibly dated U.S. Postal Service whether development of the file d. Document the relevant expertise postmark or obtain a legibly dated requires linkage of medical and legal and experience of proposed personnel receipt from a commercial carrier or portions of the birth certificate. If so, involved in PRAMS program direction, U.S. Postal Service. Private metered this process should be described, along operational management, and data postmarks shall not be acceptable as with the length of time needed to analysis and dissemination, and their proof of timely mailing.) Late Applications: Applications complete the linkage. placement within the organization. It is strongly recommended that a minimum which do not meet the criteria in (a) or b. Describe the schedule on which of two full-time equivalents at the State (b) above are considered late vital records information (frame files level be committed to working on daily applications, will not be considered, and end-of-year birth files, such as operations and coordination of PRAMS. and will be returned to the applicant. NCHS standard birth files) will be e. Thoroughly describe the specific available to CDC. CDC uses these files G. Evaluation Criteria roles and responsibilities of for assisting the state with evaluation of Each application will be evaluated participating organizational units, such the sample and weighting the data. individually against the following as MCH, vital records, and data c. Describe the current methods of criteria by an independent review group processing units. appointed by CDC. processing birth certificates in the State: f. Describe a plan for data analysis whether electronic birth certificate and dissemination of findings through 1. Background and Need (30 Points) (EBC) registration is in place, and if so, various channels, including steering a. The extent to which problems of for how long; if not, how long the committee members, health policy poor pregnancy outcome exist, their current system has been in place; and makers, and health providers. Applicant severity, and whether they exist on a any anticipated changes to the process. should provide a description of existing Statewide basis, within high-risk sub- d. Describe the extent to which partnerships and how findings from populations, or defined geographical applicant can link birth certificate data previous studies have been areas, and may be assessed in to other data sources (e.g., infant deaths, disseminated. relationship to relevant national rates, Supplemental Nutrition Program for g. Provide an organizational chart that the ‘‘Healthy People 2000 Objectives’’, Women, Infants, and Children (WIC), shows the proposed location of units and the Maternal and Child Health Medicaid). that participate in PRAMS. Bureau MCH indicators (5 points).

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b. The programmatic relevance of the e. The degree to which the applicant AR98–2 Requirements for Inclusion of maternal and infant health program has met the CDC Policy requirements Women and Racial and Ethnic priorities (5 points). regarding the inclusion of women, Minorities in Research c. The extent to which the applicant ethnic, and racial groups in the AR98–5 HIV Program Review Panel describes the surveillance information proposed research (5 points). This Requirements needed and how it may be used for includes: AR98–7 Executive Order 12372 health program planning and resource i. The proposed plan for the inclusion Review allocation (10 points). of women racial and ethnic minority AR98–9 Paperwork Reduction Act d. The extent to which the applicant populations for appropriate Requirements has used vital records data or other data representation. AR98–10 Smoke-Free Workplace sources, (e.g., infant deaths, WIC, ii. The proposed justification when Requirements Medicaid, or PRAMS) to identify and representation is limited or absent. AR98–11 Healthy People 2000 analyze infant health problems (10 iii. A statement as to whether the AR98–12 Lobbying Restrictions points). design of the study is adequate to measure differences when warranted. I. Authority and Catalog of Federal 2. Profile of State Birth Registration iv. A statement as to whether the Domestic Assistance Number Process (25 Points) plans for recruitment and outreach for This program is authorized under a. The extent to which the process is study participants include the process sections 301(a) and 317(k)of the Public thorough; birth certificate information is of establishing partnerships with Health Service Act, [42 U.S.C. sections computerized, edited, and available for community(ies) and recognition of 241(a) and 247b(k) respectively], as sampling within 2 to 4 months after date mutual benefits. amended. The Catalog of Federal of birth; and vital records information 4. Timetable (5 Points) Domestic Assistance number is 93.283. schedule provides timely access to CDC The extent to which the timetable J. Where To Obtain Additional for sample evaluation and weighting (10 incorporates major PRAMS activities Information points). and milestones and is specific, To obtain additional information, b. The extent to which electronic birth measurable, and realistic. certificate registration (EBC) or other contact: Robert Hancock, Grants methods for processing birth certificates 5. Budget (Not Scored) Management Specialist, Grants Management Branch, Procurement and are used, and whether any changes in The extent to which the budget is the current process are anticipated along Grants Office, Announcement 99070, detailed, clear, justified, provides in- Centers for Disease Control and with a time frame for these changes (10 kind or direct project support, and is points). Prevention (CDC), 2920 Brandywine consistent with the proposed program Road, Room 3000, Atlanta, GA 30341– c. The extent to which the applicant activities. can link to other data sources (e.g., 4146 telephone (770) 488–2746, E-mail: infant deaths, WIC, Medicaid) (5 6. Human Subjects: (Not Scored) [email protected]. See also the CDC home page on the points). Does the application include a plan to adequately address the requirements of Internet to obtain a copy of this 3. Plan of Operation (40 Points) Title 45 CFR Part 46 for the protection announcement: http://www.cdc.gov a. The extent to which the sampling of human subjects (see AR–1 below)? For program technical assistance, method appears appropriate and likely llYesllNo contact: Mary M. Rogers, Dr.P.H., Project Officer, PRAMS, Program to produce adequate response rates Comments: lllllllllllllll among the sampled populations. Services and Development Branch, Applicants should provide evidence of H. Other Requirements Division of Reproductive Health, NCCDPHP 4770 Buford Highway, N.E., previous experiences, including Technical Reporting Requirements MS K–22, Atlanta, Georgia 31341, PRAMS, with the sampled populations Provide CDC with original plus two (10 points). Phone: (770) 488–5220, E-Mail: copies of: [email protected]. b. The adequacy of the plan and 1. progress report, no more that 90 timeline to carry out major project days after the end of the budget period; Dated: April 14, 1999. components (i.e., sampling, mail and 2. financial status report, no more John L. Williams, telephone operations, data analysis)(5 than 90 days after the end of the budget Director, Procurement and Grants Office, points). period; and Centers for Disease Control and Prevention c. The extent to which the roles and 3. final financial status and (CDC). responsibilities for organizational units, performance reports, no more than 90 [FR Doc. 99–9824 Filed 4–19–99; 8:45 am] such as MCH, vital records, and data days after the end of the project period. BILLING CODE 4163±18±P processing units; and key personnel and Send all reports to: Mildred S. Garner, their expertise and experience, are Grants Management Officer, Grants documented and appear reasonable and Management Branch, Procurement and DEPARTMENT OF HEALTH AND appropriate; and whether two full-time Grants Office, Centers for Disease HUMAN SERVICES equivalents are committed to working Control and Prevention (CDC), 2920 on PRAMS (10 points). Brandywine Road, Room 3000, Atlanta, Centers for Disease Control and d. The extent to which the plan for GA 30341. Prevention The following additional data analysis assures dissemination of Breast and Cervical Cancer Early requirements are applicable to this findings through multiple channels, to Detection and Control Advisory program. For a complete description of include steering committee members, Committee; Meeting health policy makers, and health each, see Attachment I in the providers and the extent to which application kit. In accordance with section 10(a)(2) of previous study findings have been AR98–1 Human Subjects the Federal Advisory Committee Act disseminated (10 points). Requirements (Pub. L. 92–463), the Centers for Disease

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Control and Prevention (CDC) DEPARTMENT OF HEALTH AND Written comments should not exceed five announces the following committee HUMAN SERVICES single-spaced typed pages in length and meeting. should be received by the contact person Centers for Disease Control and listed below by close of business, May 7, Name: Breast and Cervical Cancer Early Prevention 1999. Detection and Control Advisory Committee Agenda items are subject to change as (BCCEDCAC). Clinical Laboratory Improvement priorities dictate. Times and Dates: 9 a.m.–5 p.m., May 17, Advisory Committee (CLIAC); Meeting Contact Person for Additional Information: 1999; 9 a.m.–4:30 p.m., May 18, 1999. John C. Ridderhof, Dr.P.H., Division of Place: The Holiday Inn Select—Decatur, In accordance with section 10(a)(2) of Laboratory Systems, Public Health Practice 130 Clairemont Avenue, Decatur, Georgia the Federal Advisory Committee Act Program Office, CDC, 4770 Buford Highway, 30030, telephone 404/371–0204, fax 404/ (Pub. L. 92–463), the Centers for Disease NE, M/S G–25, Atlanta, Georgia 30341–3724, 377–2726. telephone 770/488–8076, fax 770/488–8282. Status: Open to the public, limited only by Control and Prevention (CDC) The Director, Management Analysis and the space available. announces the following committee Services Office has been delegated the Purpose: The Breast and Cervical Cancer meetings. authority to sign Federal Register notices Early Detection and Control Advisory Name: Clinical Laboratory Improvement pertaining to announcements of meetings and Committee is charged with providing advice Advisory Committee (CLIAC). other committee management activities, for and guidance to the Secretary, the Assistant Times and Dates: 8:30 a.m.–5 p.m., May both CDC and ATSDR. Secretary for Health, and the Director of CDC, 12, 1999; 8:30 a.m.–3:30 p.m., May 13, 1999. Dated: April 13, 1999. regarding the early detection and control of Place: CDC, Koger Center, Williams Carolyn J. Russell, breast and cervical cancer and to evaluate the Building, Conference Rooms 1802 and 1805, Department’s current breast and cervical 2877 Brandywine Road, Atlanta, Georgia Director, Management Analysis and Services cancer early detection and control activities. 30341. Office, Centers for Disease Control and Matters To Be Discussed: The discussion Status: Open to the public, limited only by Prevention (CDC). will focus on two new policies for the the space available. The meeting rooms [FR Doc. 99–9822 Filed 4–19–99; 8:45 am] National Breast and Cervical Cancer Early accommodate approximately 85 people. BILLING CODE 4163±18±P Detection Program: case management and Purpose: This committee is charged with cervical cancer. Draft definitions will be providing scientific and technical advice and provided and impact on the Program’s guidance to the Secretary of Health and DEPARTMENT OF HEALTH AND operations will be discussed. Persons Human Services, the Assistant Secretary for HUMAN SERVICES wishing to make oral presentations at the Health, and the Director, CDC, regarding the meeting should contact Ms. Rebecca Wolf need for, and the nature of, revisions to the Administration for Children and standards under which clinical laboratories 770/488–3012 or Ms. Madeline Cutler 770/ Families 488–4751 by 4 p.m., May 1, 1999. All are regulated; the impact of proposed requests will be limited to five minutes and revisions to the standards; and the modification of the standards to Agency Recordkeeping/Reporting should contain the name of the presenter and Requirements Under Emergency an outline of the meeting should be given to accommodate technological advances. Matters To Be Discussed: The morning Review by the Office of Management Ms. Cutler prior to the meeting. session of the first day will be devoted to and Budget (OMB) Contact Person for Additional Information: orientation of new members. The orientation Rebecca B. Wolf, Division of Cancer is background and process for new Title: Temporary Assistance for Needy Prevention and Control, National Center for committee members. Although members of Families Financial Reporting Form, Chronic Disease Prevention and Health the public may attend, the orientation is not ACF–196. Promotion, CDC, 4770 Buford Highway, NE, part of the public meeting. The agenda will OMB No.: 0970–0165. M/S K–64, Atlanta, Georgia 30341–3717, include an update on CLIA implementation; telephone 770/488–4751. Description: The form provides update on transfer of test categorization and specific data regarding claims and The Director, Management Analysis and review of tests for waived status to the FDA; Services Office has been delegated the CLIA requirements and laboratory test results provides a mechanism for states to authority to sign Federal Register notices of public health importance; and remaining request grant awards and certify the pertaining to announcements of meetings and gaps in laboratory Y2K preparedness. availability of state matching funds. other committee management activities, for The Committee solicits oral and written Failure to collect this data would both CDC and ATSDR. testimony on the application of CLIA seriously compromise ACF’s ability to Dated: April 14, 1999. regulations and laboratory test results of monitor expenditures. This information Carolyn J. Russell, public health importance. Requests to make is also used to estimate outlays and may an oral presentation should be submitted in Director, Management Analysis and Services be used to prepare ACF budget writing to the contact person listed below by Office, Centers for Disease Control and close of business, May 7, 1999. All requests submissions to Congress. The following Prevention (CDC). to make oral comments should contain the citations should be noted in regards to [FR Doc. 99–9821 Filed 4–19–99; 8:45 am] name, address, telephone number, and this collection: 405(1); 409(a)(7); and BILLING CODE 4163±18±P organizational affiliation of the presenter. 409(a)(1).

ANNUAL BURDEN ESTIMATES

Number of re- Average bur- Instrument Number of re- sponses per den hours per Total burden spondents respondent response hours

ACF±196 ...... 54 4 8 1,728

Estimated Total Annual Burden Additional Information emergency processing by April 30, 1999. Hours: 1,728. ACF is requesting that OMB grant a A copy of this information collection, 180 day approval for this information collection under procedures for

VerDate 23-MAR-99 16:22 Apr 20, 1999 Jkt 183247 PO 00000 Frm 00034 Fmt 4703 Sfmt 4703 E:\FR\FM\20APN1.XXX pfrm07 PsN: 20APN1 Federal Register / Vol. 64, No. 75 / Tuesday, April 20, 1999 / Notices 19369 with applicable supporting FOR FURTHER INFORMATION CONTACT: B. Purpose of the Administration on documentation, maybe obtained by Administration for Children and Developmental Disabilities calling the Administration for Children Families (ACF), Pat Laird, 370 L’Enfant The Administration on and Families, Reports Clearance Officer, Promenade, S.W., Room 300F, Developmental Disabilities is the lead Bob Sargis at (202) 690–7275. Washington, D.C., 20447, 202/690–7447. agency within ACF and DHHS Comments and questions about the SUPPLEMENTARY INFORMATION: This responsible for planning and information collection described above announcement consists of two parts: administering programs that promote should be directed to the following Part I the self-sufficiency and protect the address by April 30, 1999: Office of rights of individuals with Information and Regulatory Affairs, Background developmental disabilities. Attn: OMB Desk Officer for ACF, Office The 1996 Amendments (Public Law of Management and Budget, Paper A. Goals of the Administration on Developmental Disabilities 104–183) to the Developmental Reduction Project, 725 17th Street, NW, Disabilities Assistance and Bill of Rights Washington, DC 20503, (202) 395–7316. The Administration on Act (42 U.S.C.6000 et seq.) (the Act) Developmental Disabilities is located Dated: April 14, 1999. supports and provides assistance to within the Administration for Children States and public and private nonprofit Bob Sargis, and Families, Department of Health and Reports Clearance Officer. agencies and organizations to assure Human Services (DHHS). Although that individuals with developmental [FR Doc. 99–9801 Filed 4–19–99 8:45 am] different from the other ACF program disabilities and their families participate BILLING CODE 4184±01±M administrations in the specific in the design of and have access to constituency it serves, ADD shares a culturally competent services, supports, common set of goals that promote the and other assistance and opportunities DEPARTMENT OF HEALTH AND economic and social well being of HUMAN SERVICES that promote independence, families, children, individuals and productivity and integration and communities. Through national Administration for Children and inclusion into the community. leadership, we see: Families The Act points out that: • Families and individuals • Disability is a natural part of the [Program Announcement No. 93631±99±02] empowered to increase their own human experience that does not economic independence and diminish the right of individuals with Developmental Disabilities: Request productivity; developmental disabilities to enjoy the for Public Comments on Proposed • Strong, healthy, supportive opportunity for independence, Developmental Disabilities Funding communities having a positive impact productivity and inclusion into the Priorities for Projects of National on the quality of life and the community; Significance for Fiscal Year 1999 development of children; • Individuals whose disabilities occur • Partnerships with individuals, AGENCY: Administration on during their developmental period front-line service providers, frequently have severe disabilities that Developmental Disabilities (ADD), ACF, communities, States and Congress that DHHS. are likely to continue indefinitely; enable solutions which transcend • Individuals with developmental ACTION: Notice of request for public traditional agency boundaries; disabilities often require lifelong comments on developmental disabilities • Services planned and integrated to specialized services and assistance, tentative funding priorities for Projects improve client access; and provided in a coordinated and of National Significance for Fiscal Year • A strong commitment to working culturally competent manner by many 1999. with Native Americans, individuals agencies, professionals, advocates, with developmental disabilities, SUMMARY: community representatives, and others The Administration on refugees and migrants to address their Developmental Disabilities (ADD) to eliminate barriers and to meet the needs, strengths and abilities. needs of such individuals and their announced that public comments are Emphasis on these goals and progress being requested on tentative funding families; toward them will help more The Act further finds that: priorities for Fiscal Year 1999 Projects individuals, including those with • Individuals with developmental of National Significance prior to being developmental disabilities, to live disabilities, including those with the announced in its final form. productive and independent lives most severe developmental disabilities, We welcome comments and integrated into their communities. The are capable of achieving independence, suggestions on this proposed Projects of National Significance productivity, and integration and announcement and funding priorities Program is one means through which inclusion into the community, and often that will assist in bringing about the ADD promotes the achievement of these require the provision of services, increased independence, productivity, goals. supports and other assistance to achieve integration, and inclusion into the Two issues are of particular concern such; community of individuals with with these projects. First, there is a • Individuals with developmental developmental disabilities. pressing need for networking and disabilities have competencies, DATES: The closing date for submission cooperation among specialized and capabilities and personal goals that of applications is June 21, 1999. categorical programs, particularly at the should be recognized, supported, and ADDRESSES: Comments should be sent service delivery level, to ensure encouraged, and any assistance to such to: Sue Swenson, Commissioner, continuation of coordinated services to individuals should be provided in an Administration on Developmental people with developmental disabilities. individualized manner, consistent with Disabilities, Administration for Children Second, project findings and successful the unique strengths, resources, and Families, Department of Health and innovative models of projects need to be priorities, concerns, abilities, and Human Services, 370 L’Enfant made available nationally to policy capabilities of the individual; Promenade, S.W., Room 300F, makers as well as to direct service • Individuals with developmental Washington, D.C., 20447. providers. disabilities and their families are the

VerDate 23-MAR-99 16:22 Apr 20, 1999 Jkt 183247 PO 00000 Frm 00035 Fmt 4703 Sfmt 4703 E:\FR\FM\20APN1.XXX pfrm07 PsN: 20APN1 19370 Federal Register / Vol. 64, No. 75 / Tuesday, April 20, 1999 / Notices primary decision makers regarding the —Transition of youth with school, and work, and in recreation and services and supports such individuals developmental disabilities from leisure time. and their families receive; and play school to adult life. No proposals, concept papers or other decision making roles in policies and Section 162(d) of the Act requires that forms of applications should be programs that affect the lives of such ADD publish in the Federal Register submitted at this time. Any such individuals and their families; and proposed priorities for grants and submission will be discarded. • It is in the nation’s interest for contracts to carry out Projects of ADD will not respond to individual individuals with developmental National Significance. The Act also comment letters. However, all disabilities to be employed, and to live requires a period of 60 days for public comments will be considered in conventional and independent lives as a comment concerning such proposed preparing the final funding solicitation part of families and communities. priorities. After analyzing and announcement and will be Toward these ends, ADD seeks to considering such comments, ADD must acknowledged and addressed in that enhance the capabilities of families in publish in the Federal Register final announcement. Please be reminded that, because of assisting individuals with priorities for such grants and contracts, possible funding limitations, the developmental disabilities to achieve and solicit applications for funding proposed priority areas listed below their maximum potential, to support the based on the final priorities selected. may not be published in a final funding increasing ability of individuals with The following section presents the proposed priority areas for Fiscal Year solicitation for this fiscal year. developmental disabilities to exercise Comments should be addressed to: 1999 Projects of National Significance. greater choice and self-determination, to Sue Swenson, Commissioner, We welcome specific comments and engage in leadership activities in their Administration on Developmental communities, as well as to ensure the suggestions. We would also like to Disabilities, Administration for Children protection of their legal and human receive suggestions on topics which are and Families, Department of Health and rights. timely and relate to specific needs in the Human Services, 370 L’Enfant Programs funded under the Act are: developmental disabilities field. Promenade, S.W., Room 300F, Please be aware that the development • Federal assistance to State Washington, D.C. 20447. developmental disabilities councils; of the final funding priority is based on • State system for the protection and the public comment response to this Proposed Fiscal Year 1999 Priority Area advocacy of individual’s rights; notice, current agency and Departmental 1: Ongoing Data Collection and priorities, needs in the field of Information Dissemination • Grants to university affiliated developmental disabilities and the programs for interdisciplinary training, The purpose of this priority area is to developmental disabilities network, etc., exemplary services, technical fund projects through a cooperative as well as the availability of funds for assistance, and information agreement to collect data on public this fiscal year. dissemination; and expenditures, employment and • Grants for Projects of National Part II economic status, residential services, Significance. and other factors as they impact on the Fiscal Year 1999 Proposed Priority independence, productivity, integration C. Description of Projects of National Areas for Projects of National and inclusion into the community of Significance Significance persons with developmental disabilities. Under Part E of the Act, ADD is interested in all comments ADD is particularly interested in the demonstration grants and contracts are and recommendations which address maximum use of already existing awarded for projects of national areas of existing or evolving national databases and in fostering the broadest significance that support the significance related to the field of dissemination to and use of the data by development of national and State developmental disabilities. consumers, families and advocacy policy to enhance the independence, ADD also solicits recommendations audiences. productivity, and integration and for project activities which will Recently both public and private inclusion of individuals with advocate for public policy change and organizations have focused on data developmental disabilities through: community acceptance of all regarding people with disabilities. In • Data collection and analysis; individuals with developmental 1998 the National Organization on Disability sponsored a Louis Harris • Technical assistance to enhance the disabilities and families so that such survey on employment of adults with quality of State developmental individuals receive the culturally disabilities in the United States to disabilities councils, protection and competent services, supports, and other determine whether their quality of life advocacy systems, and university assistance and opportunities necessary had improved since the passage of the affiliated programs; and to enable them to achieve their maximum potential through increased Americans with Disabilities Act (ADA). • Other projects of sufficient size and independence, productivity, and In 1994 and 1995 a Disability scope that hold promise to expand or integration into the community. Supplement was included in the improve opportunities for individuals ADD is also interested in activities National Health Interview Survey with developmental disabilities, which promote the inclusion of all (NHIS). The NHIS is a household survey including: individuals with developmental that has been conducted by the U.S. —Technical assistance for the disabilities, including individuals with Bureau of the Census annually since development of information and the most severe disabilities, in 1957 and is supported by the National referral systems; community life; which promote the Center for Health Statistics. The NHIS —Educating policy makers; interdependent activity of people with focuses on the civilian, non- —Federal interagency initiatives; developmental disabilities and people institutionalized population in the —The enhancement of participation of without disabilities; and which United States. Each year the NHIS racial and ethnic minorities in public recognize the contributions of these randomly samples approximately and private sector initiatives in people (whether they have a disability 46,000 households with 116,000 developmental disabilities; or not), who share their talents at home, members. The Disability Supplement

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Other organizations are involve income maintenance programs, ADD is considering the addition of a attempting to develop usable data on but would include state expenditures data collection project to measure and particular aspects of the lives of people for supports and services relating to track the participation of children with with disabilities as well as include housing, medical care, employment or developmental disabilities in general disability as a demographic factor in vocational training, transportation, education curricula and settings, and general surveys. education, including efforts to enhance spending associated with such In December 1998 the ADD hosted a inclusive education, and personal inclusion. The project would use roundtable on data. This was a two-day assistance and other supports for existing state and local databases to discussion by representatives from independent living. analyze the relationships between Federal agencies, non-profit ADD’s interest in such a study is also student and family outcomes, program organizations, and universities involved based on the devolution of the designs and fiscal commitments. Such a with generating and synthesizing data authorities for human services programs project would be intended to help about people with developmental and to state governments. The study should legislatures, advocates, states, local other disabilities. This roundtable demonstrate how states are using their school districts, and school boards addressed programmatic issues such as resources to provide supports and understand relationships between waiting lists, aging and disability, and services for all people with disabilities program designs and costs so that they employment as well as concrete data and specifically for people with can identify the most cost-effective and information issues. Data issues developmental disabilities. models of program design and delivery included the quality of data states Possible areas of focus for the special of IDEA-funded and locally-funded maintain, the focus of information study include: supports. The goal would be to provide collected on people in institutions and • Describing how services, supports, reliable and useful information to group homes, and who is and should be and assistance available at the state- support the full inclusion of children included in the developmental level ensure accessibility, provide with developmental disabilities in disabilities population. reasonable accommodations and in American public schools. ADD has funded successful projects other ways create community Proposed Fiscal Year 1999 Priority Area on data and information, including: environments to ensure the success of 2: Breaking Through the Glass Ceiling to • University of Minnesota: National the ADA. Attain First Class Citizenship Recurring Data Set Project on • Comparing states (or selected states) Residential Services—Ongoing National regarding types and comprehensiveness ‘‘The right to enjoying the privileges and State-by-State Data Collection and of services and supports. of membership or citizenship touches Policy/Impact Analysis on Residential • Listing services available in some all parts of the American Dream and the Services for Persons with states for replication by other states. equality of opportunity envisioned by Developmental Disabilities (Charles The Roundtable discussion reinforced our founders. The importance of these Lakin: 612/624–5005) the significant role the states play in the dreams continues for today’s • University of Illinois at Chicago: delivery of human services especially multicultural society: having a home, Sixth National Study of Public Mental since welfare reform. With its passage family and friends; going to school; Retardation/Developmental Disabilities has come an increased attention to the being a part of the community; and, Spending (David Braddock: 312/413– employment status of people with critically, having a job.’’ (Presidential 1647) disabilities. There is much that still Task Force on the Employment of • Boston Children’s Hospital: Access needs to be known about the Adults with Disabilities, Re-charting the to Integrated Employment: National employment issues impacting on Course, November 1998) Data Collection on Day and individuals with developmental The May 1998 publication of the Employment Services for Citizens with disabilities. As part of the data project ‘‘Disability Statistics Abstract’’ reports Developmental Disabilities (William on employment, ADD is proposing that the 1994 Harris poll of Americans Kiernan: 617/355–6506) information collection and analysis by with Disabilities indicated that 63 per Prevalent throughout the Roundtable state on these issues including services cent of respondents said their quality of discussion was the expanding role of and follow-up from state vocational life had improved during the previous states in the delivery of human services rehabilitation agencies, subsequent four years. However, trend data show and the differences in what human long-term employment, and only slow improvements in the lives of services they deliver and the substance impediments to long-term employment. people with disabilities as measured by and extent of such services. For this The use of existing databases funded or such things as more opportunities for reason ADD is interested in funding a maintained by U.S. Department of employment and improved economic special study as a part of the public Education and Labor and others should status, greater freedom of movement and expenditure project. This study would be utilized in this effort. ease of access, and increased levels of focus on state funding of human The data collection projects on public social integration. services programs for people with expenditures, employment, and In the release of its 1998 progress disabilities and, in particular, people residential services, should consider report on the status of disability policy, with developmental disabilities. including activities which would: the National Council on Disability ADD anticipates that this additional • Identify, collect and disseminate stated that ‘‘The country continues to study will be a 12-month new databases. move forward, however the rate of comprehensive investigation and • Modify, expand and/or reformulate progress is slower and less steady than analysis of expenditures at the state existing databases. many in the disability community had level on supports and services for • Project and model the cost-benefit hoped when the Americans with people who have disabilities and, impact of alternative future decisions Disabilities Act (ADA) was enacted in within this population, people who based on the analysis of discrete 1990. Federal policy remains rife with

VerDate 23-MAR-99 16:22 Apr 20, 1999 Jkt 183247 PO 00000 Frm 00037 Fmt 4703 Sfmt 4703 E:\FR\FM\20APN1.XXX pfrm07 PsN: 20APN1 19372 Federal Register / Vol. 64, No. 75 / Tuesday, April 20, 1999 / Notices inconsistent messages and unrealistic own over the years, we are particularly what they expect from government requirements for people with interested in providing further training services this is what they heard: disabilities who rely on federal to people who have become • ‘‘Ask us what we want.’’ programs like Social Security disability experienced, thoughtful, and • ‘‘Don’t tell us, ‘That’s not my benefits, vocational rehabilitation, responsible advocates as a result of department.’ ’’ • Medicaid, Medicare, special education, State-based training programs. ‘‘Treat us with courtesy, respect, and Temporary Assistance for Needy and enthusiasm.’’ To address this set of challenges and • Families (TANF). In addition, the opportunities, ADD proposes to fund a ‘‘Make it easy.’’ • ‘‘Provide reliable, timely help.’’ backlash against civil rights for children national policy training academy. The and adults with disabilities continues to This is the same thing that Americans purpose of such an academy would be with disabilities and their families motivate attempts to weaken laws such to provide opportunities for experienced as the Individuals with Disabilities expect from all levels of government. state leaders who are adults with According to a publication issued by the Education Act (IDEA) and ADA.’’ developmental disabilities and families Through Projects of National American Association on Mental of children with developmental Retardation (AAMR), ‘‘Shaping Our Significance, in particular, ADD has disabilities gain the necessary assisted its grantees in developing and Destiny—A Provider’s Guide to Quality knowledge and skills to shape and guide Community Services’’, people with replicating a variety of innovative and the implementation of policies, successful approaches to increased developmental disabilities and their practices and approaches which families ‘‘should have an equal right to leadership development and self- enhance their own self determination. determination among people with quality services and supports— Specifically, the Academy would seek including clear, relevant service significant disabilities and their to strengthen and expand national families. Most notably, this has taken standards, and reliable, timely help.’’ leadership for the 21st Century by and This guide further states that, ‘‘Merely the form of early and formative support for people with developmental of such endeavors as Partners in delivering services in the community disabilities and families of children doesn’t make them quality services. Policymaking, the active participation of with disabilities through: families of children with disabilities in Community services are quality services • Building a network of individual when they are flexible, reliable, and the design and implementation of State and family leaders in disability. family support policies and programs, complete enough to meet an • Developing systemic strategies for the Home of Your Own initiative, individual’s needs.’’ The guide explains identifying and involving grassroots personal assistance system change that the old system of service delivery disability leaders. is not based on individually-designed projects and targeted leadership efforts • among people of color who have Disseminating best practices, services; that new service standards developmental disabilities. curricula, guides, and informational must be developed that ensure that ADD’s programs are State-based, and materials on self-determination and everybody understands how community so are systems that serve Americans leadership development. services and supports are supposed to • with developmental disabilities. In fact, Providing experiential learning work and that the new standards focus data measuring the delivery of services opportunities that will enable on results or outcomes that are and supports to people with individuals to acquire and deepen their meaningful to the people who use the developmental disabilities and their knowledge and skills in the areas of: the supports. Most importantly, the guide families show little comparability from operations of the legislative and emphasizes that these new service State to State. To respond to State executive branches; the programs and standards do not come from the Federal flexibility, devolution, and States’ processes of significant federal agencies; government, but are the products of ongoing needs for input from the capacity of computer technology; each organization’s interactions with its stakeholders, DD network programs in the resources of national advocacy customers. Contained in the guide are most States provide some form of organizations; grant writing and examples of quality projects and ways to training or leadership development to reviewing; and the development of non- interact with stakeholders by service people with developmental disabilities profit organizations. providers. and their families. Many people have It is envisioned that the main The ‘‘quality revolution’’ described in been trained to interact effectively on activities of the Academy will occur in the AAMR publication reflects a trend their own behalf with State systems Washington, DC over segments of time in the States toward outcome-focused designed to serve them, and with State to gain the most benefit from national quality assurance systems in residential policymakers. resources. Therefore, ADD is interested services for individuals with However, some issues, problems, in knowing whether DD Councils, developmental disabilities. The status of programs and systems are inherently UAPs, P&As or other agencies would be the States’ activities toward national (such as civil rights) or are willing to provide travel stipends to implementing an outcome-based national in scope (such as the design of support participation of local people in approach was the subject of a 1996 federal systems including entitlements). this Academy. report ‘‘Compendium of State Outcome- ADD believes that devolution will Focused Quality Assurance Systems’’ by increase, not decrease the demand for Proposed Fiscal Year 1999 Priority Area the Human Services Research Institute national stakeholders. In order to 3: Reinventing Quality: Ensuring and (HSRI). It found that there was a general address the growing need for advocates Enhancing That Community Living sense in the States ‘‘that traditional who have the skills and experience to Settings and Services Are Responsive to quality assurance, in particular function in national arenas, ADD People With Developmental Disabilities comprehensive licensure and proposes to deliver skills-based training • In 1993, the Federal government certification surveys, focuses too heavily to people who have distinguished presented its response to improving on environment and process and not themselves as graduates of State-based how it does business—The National enough on outcomes for the individual training programs. Although ADD Performance Review, the Federal (consumer) or on ‘quality of life’ issues. recognizes that many State leaders have government’s ‘‘reinvention’’ project. Across the States there appears to be a developed tremendous skills on their When the Review asked Americans relationship between the evolution of

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These projects would be expected BILLING CODE 4184±01±M Sourcebook of Innovative Programs for to include in their community surveying the Quality Assurance and Quality multiple community settings (rural and Improvement of Community Services’’, urban), different types of housing (group DEPARTMENT OF HEALTH AND Institute on Community Integration/ homes, supported living, ownership) HUMAN SERVICES University of Minnesota, reaffirms this trend in the States as reported by HSRI and all ranges of disability from mild to Food and Drug Administration severe, especially those with limited and reasserts the need to change the [Docket No. 77N±0240; DESI 1786] service standards to reflect the evolution communication skills. Projects should address cultural and geographic issues to community-based, individual needs. Certain Single±Entity Coronary in their surveying as well. Consideration In the background section of this book, Vasodilators Containing Controlled± it states ‘‘Recent years have seen a shift should be given to any issues regarding Release Nitroglycerin; Opportunity for in long-term care for persons with liability and insurance that may effect a Hearing developmental disabilities from large the implementation of the project. institutions to community settings. But Models that ADD would seriously AGENCY: Food and Drug Administration, people receiving community services consider for funding should incorporate HHS. can fully realize the potential for recruitment of consumers and family ACTION: Notice. improved quality of life afforded by this members and advocates, training of movement only if quality assurance prospective surveyors, and direct SUMMARY: The Food and Drug expectations and activities are changed observation and contact of residents. Administration (FDA) is proposing to significantly from those originally withdraw approval of 23 new drug developed for institutional care.’’ Efforts (Federal Catalog of Domestic Assistance applications (NDA’s) and abbreviated to improve the quality of community Number 93.631—Developmental new drug applications (ANDA’s) for services have demonstrated many Disabilities—Projects of National certain single-entity coronary innovative and comprehensive quality Significance) vasodilator drug products containing assessment and enhancement practices Dated: April 14, 1999. controlled-release nitroglycerin. FDA is that are contained in the Sourcebook. It Sue Swenson, offering the holders of the applications is these efforts that ‘‘may help others to Commissioner, Administration on an opportunity for a hearing on the fashion their own responses that not Developmental Disabilities. proposal. The basis for the proposal is only protect the basic safety and well- [FR Doc. 99–9862 Filed 4–19–99; 8:45 am] that the sponsors of these products have being of individuals, but also encourage BILLING CODE 4184±01±P failed to submit acceptable data on and support their preferred choices, bioavailability and bioequivalence. personal growth, and individual DATES: Hearing requests are due by May lifestyles.’’ One set of efforts described DEPARTMENT OF HEALTH AND 20, 1999; data and information in is consumer and family monitoring HUMAN SERVICES support of hearing requests are due by initiatives. Eight programs are profiled June 21, 1999. outlining their attempts at gaining Administration for Children and ADDRESSES: Communications in insight into the quality of life of Families response to this notice should be residents at group homes and other identified with the reference number smaller facilities and providing Head Start Bureau; Advisory DESI 1786, and directed to the attention feedback for quality enhancement. Committee on Head Start Research of the appropriate office named as It is obvious that ‘‘monitoring’’ in the and Evaluation; Notice of Meeting; follows: traditional sense of the word is no Correction A request for a hearing, supporting longer an acceptable method for data, and other comments are to be determining the quality of services and AGENCY: Administration on Children, identified with Docket No. 77N– supports to people with developmental Youth and Families, ACF, DHHS. 0240 and submitted to the Dockets disabilities and their families. Thus, Management Branch (HFA–305), ADD is very interested in supporting ACTION: Correction. Food and Drug Administration, models that demonstrate the 5630 Fishers Lane, rm. 1061, effectiveness and cost efficiency of SUMMARY: On Monday, April 5, 1999, a Rockville, MD 20852. using volunteer surveyors of community Notice was published in the Federal residencies to gather objective A request for applicability of this Register, document 99–8316, page notice to a specific product should information on the quality of life or 16470 announcing the Advisory outcomes experienced by their be directed to the Division of Committee on Head Start Research and Prescription Drug Compliance and residents. The purpose of these projects Evaluation meeting to be held on April would be to assist in the development Surveillance (HFD–330), Center for 26–27, 1999 at Georgetown University. of quality assurance improvements in Drug Evaluation and Research, The Head Start Web site was incorrectly their states. Projects should consider Food and Drug Administration, how their activities could contribute to cited as http://www/dhhs.gov/ 7500 Standish Pl., Rockville, MD an integrated service system based on programs/hsb. The correct web site is 20855. person-centered outcomes. Any tools or http://www2.acf.dhhs.gov/programs/ FOR FURTHER INFORMATION CONTACT: instruments of measurement used hsb. For further information contact Mary E. Catchings, Center for Drug should have as their focus the needs of Deborah Roderick Stark at 301/889– Evaluation and Research (HFD–7), Food the individual. These tools or 0430. and Drug Administration, 5600 Fishers

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Lane, Rockville, MD 20857, 301–594– studies. The September 1984 notice 6.5 mg of the drug per capsule; KV 2041. stated that applications not fully Pharmaceutical Co., 2503 South Hanley SUPPLEMENTARY INFORMATION: approved within 1 year would be Rd., St. Louis, MO 63144–2555. subject to proceedings to withdraw the 10. ANDA 86–787; Sustac (controlled- I. Background previous approval and to remove the release) Tablets containing 10 mg In a notice (DESI 1786) published in products from the market. This deadline nitroglycerin per tablet; Forest the Federal Register of February 25, was extended to June 26, 1987, in a Laboratories, 909 Third Ave., New York, 1972 (37 FR 4001), FDA announced its notice published in the Federal Register NY 10022–4731. evaluation of reports received from the of December 26, 1985 (50 FR 52856). 11. ANDA 86–869; Nitrospan National Academy of Sciences/National The sponsors of the drug products (controlled-release) Capsules containing Research Council, Drug Efficacy Study listed in section II of this document are 6.5 mg of nitroglycerin per capsule; group, on certain coronary vasodilator not in compliance with the notices of Rhone–Poulenc Rorer. drugs. FDA classified controlled-release September 7, 1984, and December 26, 12. ANDA 87–229; Nitrobon tablets of nitroglycerin as possibly 1985, in that they either have not (controlled-release) Capsules containing effective for indications relating to the submitted any bioavailability/ 2.5 mg nitroglycerin per capsule; management, prophylaxis, or treatment bioequivalence data or have not Inwood Laboratories, Inc., Division of of anginal attacks. submitted additional data on Forest Laboratories, Inc., 909 Third Notices published in the Federal incomplete or inadequate studies. Ave., New York, NY 10022–4731. Register of August 26, 1977 (42 FR Accordingly, this notice reclassifies 13. ANDA 87–544; Nitrobon 43127), October 21, 1977 (42 FR 56156), these products as lacking substantial (controlled-release) Capsules containing and September 15, 1978 (43 FR 41282), evidence of effectiveness, proposes to 6.5 mg nitroglycerin per capsule; amended earlier notices (37 FR 26623, withdraw approval of their applications, Inwood Laboratories (formerly held by December 14, 1972; and 38 FR 18477, and offers an opportunity for a hearing Ascot Hospital Pharmaceuticals, Inc.). July 11, 1973) by temporarily exempting on the proposal. 14. ANDA 87–715; Nitrong nitroglycerin in controlled-release forms (controlled-release) Tablets containing 9 from the time limits established for the II. NDA’s and ANDA’s Known by FDA mg nitroglycerin per tablet; Wharton Drug Efficacy Study Implementation to be Subject to This Notice Laboratories. (DESI) program. The notices established 1. NDA 16–447; Nitrospan 15. ANDA 87–814; Nitro–Time conditions for marketing these products (controlled-release) Capsules containing (controlled-release) Capsules containing and identical, similar, or related 2.5 milligrams (mg) nitroglycerin per 2.5 mg nitroglycerin per capsule; Time– products § 310.6 (21 CFR 310.6), capsule; Rhone–Poulenc Rorer Cap Laboratories, 7 Michael Ave., whether or not they had been marketed Pharmaceutical, Inc. (formerly held by Farmingdale, NY 11735. and whether or not they were subjects USV Laboratories), 500 Arcola Rd., of approved NDA’s. FDA required 16. ANDA 87–815; Nitro–Time Collegeville, PA 19426–0107. (controlled-release) Capsules containing distributors and manufacturers to have 2. NDA 16–518; Nitro–Bid ANDA’s (conditionally approved, 6.5 mg nitroglycerin per capsule; Time– (controlled-release) Capsules containing Cap Laboratories. pending the results of ongoing studies) 2.5 mg nitroglycerin per capsule; to market controlled-release 17. ANDA 87–816; Nitro–Time Hoechst Marion Roussel (formerly held (controlled-release) Capsules containing nitroglycerin products not the subject of by Marion Laboratories, Inc.), 10236 NDA’s. If at least one drug sponsor was 9 mg nitroglycerin per capsule; Time– Marion Park Dr., Kansas City, MO Cap Laboratories. conducting clinical studies on a 64137. 18. ANDA 87–975; Nitroglycerin chemical entity, FDA permitted the 3. NDA 16–975; Nitro–Bid Controlled–Release Capsules containing marketing of all firms’ products (controlled-release) Capsules containing 2.5 mg of the drug per capsule; Eon Labs containing the same chemical entity in 6.5 mg nitroglycerin per capsule; Manufacturing, Inc. (formerly held by a similar dosage form, provided each Hoechst Marion Roussel. product met the other conditions 4. NDA 17–384; Nitrong (controlled- The Vitarine Co.), 227–15 North estatblished in the notices. Not all release) Tablets containing 2.6 mg Conduit Ave., Laurelton, NY 11413. sponsors, therefore, were required to nitroglycerin per tablet; Wharton 19. ANDA 87–976; Nitroglycerin conduct clinical studies. Because Laboratories, Inc., Division of U.S. Controlled–Release Capsules containing bioavailability is specific for an Ethicals, Inc., 37–02 48th Ave., Long 6.5 mg of the drug per capsule; Eon Labs individual product, however, FDA Island City, NY 11101. Manufacturing. required each firm to conduct a 5. ANDA 86–126; Nitrong (controlled- 20. ANDA 88–435; Nitrocardin bioavailability study on its own release) Tablets containing 6.5 mg Sustained Action Capsules containing product. nitroglycerin per tablet; Wharton 2.5 mg nitroglycerin per capsule; In a notice published in the Federal Laboratories. Sidmak Laboratories, Inc., P.O. Box 371, Register of September 7, 1984 (49 FR 6. ANDA 86–138; Nitrong (controlled- East Hanover, NJ 07936. 35428), after completing its review of release) Tablets containing 2.6 mg 21. ANDA 88–436; Nitrocardin the clinical studies submitted for single- nitroglycerin per tablet; Wharton Sustained Action Capsules containing entity controlled-release nitroglycerin Laboratories. 6.5 mg nitroglycerin per capsule; capsules and tablets, FDA announced 7. ANDA 86–214; Nitrospan Sidmak Laboratories. that it had concluded that these drugs (controlled-release) Capsules containing 22. ANDA 88–437; Nitrocardin are effective for prevention for angina 2.5 mg nitroglycerin per capsule; Sustained Action Capsules containing 9 pectoris. The notice set forth the Rhone–Poulenc Rorer. mg nitroglycerin per capsule; Sidmak marketing and labeling conditions for 8. ANDA 86–426; Nitro–Bid Laboratories. the products. It required sponsors of (controlled-release) Capsules containing 23. ANDA 88–509; Nitroglycerin these products seeking full approval to 13 mg nitroglycerin per capsule; Controlled–Release Capsules containing submit supplements providing Hoechst Marion Roussel. 9 mg of the drug per capsule; Eon Labs acceptable in vitro dissolution tests and 9. ANDA 86–537; Nitroglycerin Manufacturing (formerly held by in vivo bioavailability/bioequivalence Controlled–Release Capsules containing Phoenix Pharmaceutical, Inc.).

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III. Notice of Opportunity for a Hearing because it is generally recognized as safe All submissions under this notice of On the basis of all the data and and effective within the meaning of opportunity for a hearing are to be filed information available to her, the section 201(p) of the act (21 U.S.C. in four copies. Except for data and Director of the Center for Drug 3241(p)) or because it is exempt from information prohibited from public Evaluation and Research is unaware of part or all of the new drug provisions of disclosure under section 301 of the act any adequate and well-controlled the act under the exemption for (21 U.S.C. 331(j)) or 18 U.S.C. 1905, the clinical investigation, conducted by products marketed before June 25, 1938, submissions may be seen in the Dockets experts who are qualified by scientific in section 201(p) of the act, or under Management Branch (address above) training and experience, meeting the section 107(c) of the Drug Amendments between 9 a.m. and 4 p.m., Monday requirements of section 505 of the of 1962, or for any other reason. through Friday. In accordance with section 505 of the This notice is issued under section Federal Food, Drug, and Cosmetic Act act and the regulations issued under it 505 of the act and under authority (the act) (21 U.S.C. 355), 21 CFR (parts 310 and 314 (21 CFR parts 310 delegated to the Director of the Center 314.126, and 21 CFR part 320 that and 314)), an applicant and all other for Drug Evaluation and Research (21 demonstrates effectiveness (i.e., persons subject to this notice are hereby CFR 5.82). bioavailability/bioequivalence) of the given an opportunity for hearing to drugs listed in section II of this Dated: April 13, 1999. show why approval of the applications Janet Woodcock, document and that is in compliance should not be withdrawn. with the conditions established in the An applicant or any other person Director, Center for Drug Evaluation and Research. September 7, 1984, and December 26, subject to this notice who decides to 1985, notices for continued marketing. seek a hearing shall file: (1) On or before [FR Doc. 99–9770 Filed 4–19–99; 8:45 am] Therefore, notice is given to the May 20, 1999, a written notice of BILLING CODE 4160±01±F holders of the NDA’s and ANDA’s listed appearance and request for hearing, and in section II of this document and to all (2) on or before June 21, 1999, the data, other interested persons that the DEPARTMENT OF HEALTH AND information, and analyses relied on to HUMAN SERVICES Director of the Center for Drug demonstrate that there is a genuine Evaluation and Research proposes to issue of material fact to justify a hearing, Health Care Financing Administration issue an order under section 505(e) of as specified in § 314.200. Any other the act withdrawing approval of the interested person may also submit [HCFA±R±70] applications and all amendments and comments on this notice. The Agency Information Collection supplements thereto on the ground that procedures and requirements governing Activities: Proposed Collection; new information before her with respect this notice of opportunity for a hearing, Comment Request to the drug products, evaluated together a notice of appearance and request for with the evidence available to her when a hearing, information and analyses to AGENCY: Health Care Financing the applications were approved, shows justify a hearing, other comments, and Administration, HHS. there is a lack of substantial evidence a grant or denial of a hearing are In compliance with the requirement that the drug products will have the contained in §§ 314.150, 314.151, and of section 3506(c)(2)(A) of the effect they purport or are represented to 314.200 and in 21 CFR part 12. Paperwork Reduction Act of 1995, the have under the conditions of use The failure of an applicant or any Health Care Financing Administration prescribed, recommended, or suggested other person subject to this notice to file (HCFA), Department of Health and in the labeling. a timely written notice of appearance Human Services, is publishing the In addition to the holders of the and request for hearing, as required by following summary of proposed applications specifically named § 314.200, constitutes an election by that collections for public comment. previously, this notice of opportunity person not to use the opportunity for a Interested persons are invited to send for hearing applies to all persons who hearing concerning the action proposed comments regarding this burden manufacture or distribute a drug and a waiver of any contentions estimate or any other aspect of this product, not the subject of an approved concerning the legal status of that collection of information, including any application, that is identical, related, or person’s drug product(s). Any new drug of the following subjects: (1) The similar to a drug product named in product marketed without an approved necessity and utility of the proposed section II of this document, as defined new drug application is subject to information collection for the proper in § 310.6. It is the responsibility of regulatory action at any time. performance of the agency’s functions; every drug manufacturer or distributor A request for a hearing may not rest (2) the accuracy of the estimated to review this notice of opportunity for upon mere allegations or denials, but burden; (3) ways to enhance the quality, hearing to determine whether it covers must present specific facts showing that utility, and clarity of the information to any drug product that they manufacture there is a genuine and substantial issue be collected; and (4) the use of or distribute. Such manufacturers or of fact that requires a hearing. If it automated collection techniques or distributors may request an opinion of conclusively appears from the face of other forms of information technology to the applicability of this notice to a the data, information, and factual minimize the information collection specific drug product by writing to the analyses in the request for hearing that burden. Division of Prescription Drug there is no genuine and substantial issue Type of Information Collection Compliance and Surveillance (address of fact which precludes the withdrawal Request: Extension of a currently above). of approval of the application, or when approved collection; This notice of opportunity for a a request for hearing is not made in the Title of Information Collection: hearing encompasses all issues relating required format or with the required Information Collection Requirements in to the legal status of the drug products analyses, the Commissioner of Food and HSQ–110, Acquisition, Protection and subject to it (including identical, Drugs will enter summary judgment Disclosure of Peer Review Organization related, or similar drug products as against the person(s) who requests the Information and Supporting Regulations defined in § 310.6), e.g., any contention hearing, making findings and in 42 CFR, 476.104, 476.105, 476.116, that any such product is not a new drug conclusions, and denying a hearing. and 476.134;

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Form No.: HCFA–R–70 (OMB# 0938– SUMMARY: This notice recognizes the We have rules at part 488 that set 0426); Community Health Accreditation forth the procedure we use to review Use: ‘‘Medicare Disclosure Program, Inc. (CHAP) as a national applications submitted by national Information, Regulatory’’ The Peer accreditation organization for hospices accreditation organizations requesting Review Improvement Act of 1982 that request participation in the our approval. A national accreditation authorizes PRO’s to acquire information Medicare program. We believe that organization applying for approval must necessary to fulfill their duties and accreditation of hospices by CHAP furnish to us information and materials functions and places limits on demonstrates that all Medicare hospice listed in the regulations at § 488.4. The disclosure of the information. These conditions of participation are met or regulations at § 488.8 (‘‘Federal review requirements are on the PRO to provide exceeded. Thus, we grant deemed status of accreditation organizations’’) detail notices to the affected parties when to those hospices accredited by CHAP. the Federal review and approval process disclosing information about them. The proposed notice included the of applications for recognition as an These requirements serve to protect the application from the Joint Commission accrediting organization. On April 26, rights of the affected parties; for Accreditation of Healthcare 1996, however, new legislation entitled Frequency: On occasion; Organizations (JCAHO). We have ‘‘Omnibus Consolidated Rescissions and Affected Public: Business or other for- separated the final notices to Appropriations Act of 1996’’ (Pub. L. profit, Individuals or Households, and appropriately process each application 104–134) was enacted. Not-for-profit institutions; and will issue a separate final notice Section 1865(b)(3)(A) of the Act, as Number of Respondents: 53; containing the decision for JCAHO amended by section 516 of Pub. L. 104– Total Annual Responses: 53; under HCFA–2039–FN. 134, requires us to publish a notice in Total Annual Hours: 30,789. EFFECTIVE DATE: This final notice is the Federal Register within 60 days To obtain copies of the supporting effective April 20, 1999 through after receiving an accreditation statement and any related forms for the November 20, 2003. organization’s written request that we proposed paperwork collections FOR FURTHER INFORMATION CONTACT: make a determination regarding whether referenced above, access HCFA’s Web Joan C. Berry, (410) 786–7233. its accreditation requirements meet or Site address at http://www.hcfa.gov/ exceed Medicare requirements. Section SUPPLEMENTARY INFORMATION: regs/prdact95.htm, or E-mail your 1865(b)(3)(A) of the Act also requires request, including your address, phone I. Background that we identify in the notice the number, OMB number, and HCFA organization and the nature of the A. Laws and Regulations document identifier, to request and allow a 30-day comment [email protected], or call the Reports Under the Medicare program, eligible period. This section further requires that Clearance Office on (410) 786–1326. beneficiaries may receive covered we publish a notice of our approval or Written comments and palliative services in a hospice provided disapproval within 210 days after we recommendations for the proposed certain requirements are met. The receive a complete package of information collections must be mailed regulations specifying the Medicare information and the organization’s within 60 days of this notice directly to conditions of participation for hospice application. the HCFA Paperwork Clearance Officer care are located in 42 CFR part 418. designated at the following address: These conditions implement section B. Proposed Notice HCFA, Office of Information Services, 1861(dd) of the Social Security Act (the On September 11, 1998, we published Security and Standards Group, Division Act), which specifies services covered a proposed notice (63 FR 48735) of HCFA Enterprise Standards as hospice care and the conditions that announcing the requests of CHAP and Attention: Dawn Willinghan, Room N2– a hospice program must meet in order JCAHO for our approval as national 14–26, 7500 Security Boulevard, to participate in the Medicare program. accreditation organizations for hospices. Baltimore, Maryland 21244–1850. Generally, in order to enter into an In the notice, we detailed the factors on agreement with Medicare, a hospice Dated: April 12, 1999. which we would base our evaluation. must first be certified by a State survey (We inadvertently gave the citation for John P. Burke III, agency as complying with the the regulations governing our evaluation HCFA Reports Clearance Officer, HCFA Office conditions or standards set forth in part as § 488.8, ‘‘Federal review of of Information Services, Security and Standards Group, Division of HCFA 418 of the regulations. Then, the accreditation organizations,’’ rather than Enterprise Standards. hospice is subject to routine surveys by as § 488.4, ‘‘Application and [FR Doc. 99–9804 Filed 4–19–99; 8:45 am] a State survey agency to determine reapplication procedures for whether it continues to meet Medicare accreditation organizations.’’) Under BILLING CODE 4120±03±P requirements. There is an alternative, section 1865(b)(2) of the Act and our however, to surveys by State agencies. regulations at § 488.4, our review and DEPARTMENT OF HEALTH AND Current section 1865(b)(1) of the Act evaluation of the CHAP application HUMAN SERVICES permits ‘‘accredited’’ hospices to be were conducted in accordance with the exempt from routine surveys by State following factors: Health Care Financing Administration survey agencies to determine • A determination that CHAP is a compliance with Medicare conditions of national accreditation body, as required [HCFA±2029±FN] participation. Accreditation by an by the Act. RIN 0938±AJ42 accreditation organization is voluntary • A determination of the equivalency and is not required for Medicare of CHAP’s requirements for a hospice to Medicare Program; Recognition of the certification. Section 1865(b)(1) of the our comparable hospice requirements. Community Health Accreditation Act provides that, if a provider is • A review of CHAP’s survey Program, Inc. (CHAP) for Hospices accredited by a national accreditation processes to determine the following: AGENCY: Health Care Financing body that has standards that meet or —The comparability of CHAP’s Administration (HCFA), HHS. exceed the Medicare conditions, the processes to those of State agencies, Secretary can ‘‘deem’’ that hospice as including survey frequency; its ability ACTION: Final notice. having met the Medicare requirements. to investigate and respond

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appropriately to complaints against Differences between the Community • Notification when required services accredited facilities; whether surveys Health Care Program, Inc. (CHAP) and are not provided. Medicare-certified are announced or unannounced; and Medicare Conditions and Survey hospices are required by section the survey review and decision- Requirements 1861(dd)(1) of the Act to provide making process for accreditation. routinely the following services: nursing We compared the standards contained —The adequacy of the guidance and care, medical social services, and in the CHAP 1997 ‘‘Standards of instructions and survey forms CHAP counseling. CHAP has agreed that when Excellence for Hospice Organizations’’ provides to surveyors. it becomes aware that any Medicare- with CHAP’s survey process outlined in —CHAP’s procedures for monitoring certified hospice is not providing one or its training materials and ‘‘Hospice providers or suppliers found to be out more of these core services, we shall be Surveyor Operations Manual,’’ which of compliance with program promptly notified. incorporates our 1994 guidelines to the requirements. (These procedures are • Change of status notification. We Medicare hospice conditions and survey used only when CHAP identifies require prompt notification from the procedures. In 13 areas CHAP has made noncompliance.) accreditation organizations regarding the following revisions or clarifications: • hospice changes of ownership, hospice The composition of CHAP’s survey • No surveys prior to enrollment form team, surveyor qualifications, the mergers, hospice site expansions, verification. State survey agencies do withdrawals from accreditation, and content and frequency of the in-service not conduct health and safety training provided, the evaluation involuntary terminations from inspections until a hospice has accreditation by the accreditation systems used to assess the performance submitted a ‘‘Medicare and Other of surveyors, and potential conflict-of- organization, because those actions Federal Health Care Program General require certification and enrollment interest policies and procedures. Enrollment Health Care Provider/ • CHAP’s data management system actions by us, the fiscal intermediary, or Supplier Application’’ (Form HCFA– the State survey agency. CHAP has and reports used to assess its surveys 855) that the servicing fiscal and accreditation decisions, and its stipulated in writing that its ‘‘home care intermediary has reviewed and policy and practice to provide prompt ability to provide us with electronic approved. CHAP has provided written data. notification to HCFA of changes in assurance that ‘‘It is CHAP’s policy not ownership, mergers, site expansion, • CHAP’s procedures for responding to conduct a deemed status withdrawals or involuntary to complaints and for coordinating these accreditation survey until an termination’’ will be applied to the activities with appropriate licensing organization is properly enrolled in the hospice program. bodies and ombudsmen programs. Medicare program.’’ In addition, CHAP • Accreditation survey review and • CHAP’s policies and procedures for has added a blanket statement that an decision-making process (Reference withholding or removing accreditation organization must meet not only ‘‘All § 488.4(a)(3)(iii)). CHAP has responded from a facility that fails to meet its state licensure laws, Certificate of Need to two requests we made for standards or requirements. (CON) requirements or other state • clarification regarding current CHAP A review of all types of regulations and standards,’’ but terminology in its accreditation accreditation status CHAP offers and an ‘‘Federal requirements’’ as well. application under the heading, ‘‘CHAP assessment of the appropriateness of • Unannounced surveys (Reference Accreditation Policies and Procedures’’: those for which CHAP seeks deemed § 488.4(a)(3)(v)). Current CHAP —Deferral of action. CHAP has status. • procedures contain the following confirmed that facilities in deferral are A review of the pattern of CHAP’s statement regarding unannounced not considered accredited. deemed facilities (that is, types and surveys for Medicare-certified home —Warnings. CHAP has confirmed that duration of accreditation and its health agencies: ‘‘All visits to Medicare it issues a warning to an accredited schedule of all planned full and partial home health agencies will be entity that ‘‘has made limited progress surveys). • unannounced. The specific timing of the regarding required actions and The adequacy of CHAP’s staff and visit is determined by the CHAP’s Board recommendations or has demonstrated a other resources to perform the surveys, of Review and no one from the decline in meeting CHAP standards and its financial viability. applicant organization will be informed since the last appraisal based on a site • CHAP’s written agreement to— of the dates.’’ We expect that a similar visit or progress report.’’ We have also —Meet our requirements to provide to statement will be added for Medicare- received assurance that the time frames all relevant parties timely certified hospices that elect the deemed for reaching a decision on whether or notifications of changes to status option. CHAP has agreed to add not to withdraw accreditation for these accreditation status or ownership, to this language to its hospice procedures. entities are comparable to those we use report to all relevant parties remedial • Core services. Medicare requires for State-surveyed facilities. actions or immediate jeopardy, and to that substantially all core services • Contracted services. conform its requirements to changes (nursing, medical social services, and —Some of the requirements in § 418.56 in Medicare requirements; and counseling services) be provided did not appear to be included in —Permit its surveyors to serve as directly by hospice employees, the only CHAP standards. CHAP provided witnesses for us in adverse actions exception being during times of peak clarifying cross references and revised against its accredited facilities. patient loads or under extraordinary pages, demonstrating that its We received no comments on our circumstances. CHAP responded by standards do incorporate all of the proposed notice. revising its standards to require that a requested requirements. hospice program employ sufficient staff —The requirement for retaining fiscal II. Review and Evaluation to provide all core services or provide responsibility needed to be included Our review and evaluation of the documentation describing unusual or for all contracted services, not just CHAP application, which were extraordinary circumstances inpatient care contracts. CHAP conducted as detailed above, yielded necessitating the use of contracted staff revised its standard to read, ‘‘the the following information. for these services. hospice program retains professional

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management and fiscal beneficiaries not exceed 20 percent of submitted and to verify that its responsibilities for patient care when the total number of hospice days for administrative systems could services are provided under this group of beneficiaries in any 12- adequately monitor compliance with its arrangement with contractors.’’ month period preceding a standards and survey processes and that • Millennium updates. CHAP has certification survey. We could not its decision-making documentation and provided us with its plans to ensure that find this standard in the application. processes met our standards. We also deemed hospices maintain equipment CHAP responded by clarifying how observed a survey in real time to see and systems to sustain the quality of this requirement was covered at that it met or exceeded our standards. patient care through the millennium HII6.a1 in its ‘‘Standards for As a result of our review of the updates. Excellence for Hospice documents and observations, we • Data exchange. CHAP has assured Organizations’’: ‘‘The hospice requested certain clarifications to us that it has the ability to provide us program reviews total inpatient days CHAP’s survey and communications with timely electronic survey data and routinely in any 12 month period to processes. These clarifications were validation of survey findings for all prevent Medicare clients from provided as indicated above, and Medicare-certified hospices that have exceeding 20% of the total number of changes were made to the elected the deemed status option. hospice days.’’ documentation in the applications. • Qualified social worker. Medicare —Another Medicare standard requires Therefore, we recognize CHAP as a requires that medical social services be at § 418.100(a) that hospices national accreditation organization for provided by a qualified social worker providing inpatient care directly hospices that request participation in under the direction of a physician. provide 24-hour nursing services that the Medicare program, effective April Medicare defines a hospice social are sufficient to meet total nursing 20, 1999 through November 20, 2003. needs and that are in accordance with worker at § 418.3 as ‘‘a person who has IV. Paperwork Reduction Act at least a bachelor’s degree from a the patient’s plan of skilled care. We This document does not impose any school accredited or approved by the asked CHAP to provide evidence that information collection and record Council on Social Work Education.’’ this standard was included in its keeping requirements subject to the CHAP’s standard required that social requirements. CHAP responded by Paperwork Reduction Act (PRA). work services be provided by a qualified clarifying how this requirement was Consequently, it does not need to be social worker or social worker assistant. covered at Item 17 of HIII.1i in its reviewed by the Office of Management CHAP has provided revised language for ‘‘Standards for Excellence for Hospice Organizations’’: ‘‘Inpatient facilities and Budget (OMB) under the authority its related standard to require that provide 24 hour nursing services, of the PRA. The requirements associated ‘‘social work services are provided including a registered nurse on each with granting and withdrawal of under the direction of a physician by a shift, which are sufficient to meet deeming authority to national person who has at least a bachelor’s total nursing needs and which are in accreditation, codified in part 488, degree from a school accredited or accordance with the patient plan of ‘‘Survey, Certification, and Enforcement approved by the Council on Social Work care.’’ Procedures,’’ are currently approved by Education’’ and that the services are in • Storage of drugs. Medicare OMB under OMB approval number agreement with the patient’s plan of standards require at § 418.100(k)(6) that 0938–0690, with an expiration date of care. • separately locked compartments be August 31, 1999. Home health aide supervision. provided for storage of Schedule II V. Regulatory Impact Statement Medicare requires at § 418.94(a) that a drugs and other drugs subject to abuse. registered nurse visit the home site at CHAP’s standard did not include ‘‘other We have examined the impacts of this least every 2 weeks when aide services drugs subject to abuse’’ in the list of notice as required by Executive Order are being provided and that the visit drugs to be stored in separately locked 12866 and the Regulatory Flexibility Act include an assessment of the aide compartments. CHAP revised its (RFA) (P.L. 96–354). Executive Order services. In addition, Medicare requires standard by adding ‘‘Separately locked 12866 directs agencies to assess all costs that a registered nurse provide written compartment for Schedule II drugs and and benefits of available regulatory instructions for patient care. CHAP’s other drugs subject to abuse (multidose alternatives and, when regulation is standard required that nursing and containers)’’ at H.III.4 in CHAP’s necessary, to select regulatory home health aide services always be ‘‘Standards of Excellence for Hospice approaches that maximize net benefits provided under the supervision of a Organizations.’’ (including potential economic, qualified registered nurse, available at In addition to these changes, CHAP environmental, public health and safety all times, but made no reference to provided a revised crosswalk (table effects; distributive impacts; and biweekly, direct (in-person) supervision showing the match between CHAP’s equity). The RFA requires agencies to and assessment. CHAP responded by standards and ours) incorporating all analyze options for regulatory relief for clarifying how these requirements were the changes necessitated by our small businesses. For purposes of the covered at HIII.1d4(c) in its ‘‘Standards requests. RFA, States and individuals are not of Excellence for Hospice considered small entities. Organizations’’: ‘‘Written instructions III. Results of Evaluation Also, section 1102(b) of the Act prepared by an RN are provided to We completed a standard-by-standard requires the Secretary to prepare a paraprofessional staff for care plan comparison of CHAP’s conditions or regulatory impact analysis for any compliance.’’ CHAP further stipulates at requirements for hospices to determine notice that may have a significant HIII.1d4(b) that a home health aide’s whether they met or exceeded Medicare impact on the operations of a substantial performance is evaluated by a registered requirements. We found that, after number of small rural hospitals. Such nurse every 2 weeks. requested revisions were made, CHAP’s an analysis must conform to the • Inpatient care. requirements for hospices did meet or provisions of section 604 of the RFA. —The Medicare standard requires at exceed our requirements. In addition, For purposes of section 1102(b) of the § 418.98(c) that the total number of we visited the corporate headquarters of Act, we consider a small rural hospital inpatient care days used by Medicare CHAP to validate the information it as a hospital that is located outside of

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As evidenced by effective manner. information collection proposal; (2) the the following data for the cost of In accordance with the provisions of office of the agency to collect the surveys, there are neither significant Executive Order 12866, this notice was information; (3) the OMB approval costs nor savings for the program and reviewed by OMB. number, if applicable; (4) the administrative budgets of Medicare. Authority: Section 1865(b)(3)(A) of the description of the need for the Therefore, this notice is not a major rule Social Security Act (42 U.S.C. information and its proposed use; (5) as defined in Title 5, United States 1395bb(b)(3)(A)). the agency form number, if applicable; Code, section 804(2) and is not an (Catalog of Federal Domestic Assistance (6) what members of the public will be economically significant rule under Program No. 93.773, Medicare—Hospital affected by the proposal; (7) how Executive Order 12866. Insurance) frequently information submissions will Therefore, we have determined, and Dated: March 1, 1999. be required; (8) an estimate of the total the Secretary certifies, that this notice Nancy-Ann Min DeParle, number of hours needed to prepare the will not result in a significant impact on Administrator, Health Care Financing information submission including a substantial number of small entities Administration. number of respondents, frequency of and will not have a significant effect on response, and hours of response; (9) the operations of a substantial number [FR Doc. 99–9802 Filed 4–19–99; 8:45 am] BILLING CODE 4120±01±P whether the proposal is new, an of small rural hospitals. Therefore, we extension, reinstatement, or revision of are not preparing analyses for either the an information collection requirement; RFA or section 1102(b) of the Act. and (10) the names and telephone In fiscal year 1996, there were 2,148 DEPARTMENT OF HOUSING AND numbers of an agency official familiar certified hospices participating in the URBAN DEVELOPMENT with the proposal and of the OMB Desk Medicare program. We conducted 258 [Docket No. FR±4441±N±21] initial surveys, 322 recertification Officer for the Department. surveys (both at a cost of $634,904), and Submission for OMB Review: Authority: Section 3507 of the Paperwork 145 complaint surveys. Comment Request Reduction Act of 1995, 44 U.S.C. 35, as In fiscal year 1997, there were 2,270 amended. certified hospices. This was an increase AGENCY: Office of the Assistant Dated: April 15, 1999. of 122 facilities. We conducted 180 Secretary for Administration HUD. David S. Cristy, initial surveys, 354 recertification ACTION: Notice. Director, ISP and Management. surveys (both at a cost of $330,686), and SUMMARY: 237 complaint surveys. The proposed information Title of Proposal: Consolidated Plan. In fiscal year 1998, there were 2,290 collection requirement described below Office: Community Planning and certified hospices. This was an increase has been submitted to the Office of Development. of 20 facilities. We conducted 126 initial Management and Budget (OMB) for OMB Approval Number: 2506–0117. surveys, 196 recertification surveys review, as required by the Paperwork Description of the Need for the (both at a cost of $360,783), and 201 Reduction Act. The Department is Information and its Proposed Use: complaint surveys. soliciting public comments on the Based on 24 CFR Parts 91 et. al. each As the data above indicate, the subject proposal. jurisdiction receiving formula allocated number of hospices and the cost for DATES: Comments due date: May 20, funds under the Community conducting hospice surveys by State 1999. Development Block Grant (CDBG), agencies are increasing. There was a 6.6 ADDRESSES: Interested persons are HOME Investment Partnerships (HOME) percent increase in hospices within 3 invited to submit comments regarding Program, the Emergency Shelter Grants years (fiscal years 1996 through 1998). this proposal. Comments must be (ESG), or Housing Opportunities for The fiscal year 1999 appropriation for received within thirty (30) days from the Persons with HIV/AIDS (HOPWA) hospice survey activities was not date of this Notice. Comments should program, must submit a Consolidated increased, and these surveys were refer to the proposal by name and/or Plan establishing an overall three- to included within the lowest priority OMB approval number and should be five-year strategy for use of these funds category. This appropriation does not sent to: Joseph F. Lackey, Jr., OMB Desk and a one year action plan detailing allow sufficient resources for some Officer, Office of Management and individual projects. The information regions to meet the survey demand, Budget, Room 10235, New Executive collection includes narrative especially for resurvey activity, which Office Building, Washington, DC 20503. requirements such as statements of remains a small proportion of eligible FOR FURTHER INFORMATION CONTACT: goals, objectives, and priorities for facilities (less than 9 percent for a Wayne Eddins, Reports Management funds, and tabular information maximum resurvey once every 12 Officer, Department of Housing and describing priorities for funds, and years). Hospices accredited by CHAP Urban Development, 451 7th Street, tabular information describing priority would be surveyed every 3 years. The Southwest, Washington, DC 20410, housing, homeless and community numbers of participating providers telephone (202) 708–1305. This is not a development needs. Information is also continue to increase. In an effort to toll-free number. Copies of the proposed collected regarding programmatic better assure the health, safety, and forms and other available documents accomplishments and annual services of beneficiaries in hospices submitted to OMB may be obtained performance of States and localities already certified, as well as to provide from Mr. Eddins. receiving formula allocated funds under relief to State budgets in this time of SUPPLEMENTARY INFORMATION: The these programs in accordance with tight fiscal constraints, we deem Department has submitted the proposal statutory and regulatory requirements hospices accredited by CHAP as for the collection of information, as found in Title I of the HCDA of 1974,

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NAHA of 1992, and in CFR 24 Part Respondents: State, Local, or Tribal Frequency of Submission: Annually 91.520. Government. and Recordkeeping. Form Number: 40090 and 20091. Reporting Burden:

Number of × Frequency of × Hours per respondents response response = Burden hours

Consolidated Plan: Localities ...... 1,000 1 332 332,025 States ...... 50 1 978 48,900 Performance Report: Localities ...... 1,000 1 150 150,000 States ...... 50 1 240 12,000 Abbreviated Strategy ...... 100 1 70 7,000

Total Estimated Burden Hours: Department of the Interior proposes to CATEGORIES OF RECORDS IN THE SYSTEM: 549,925. amend the ‘‘FECA Chargeback Case Name and Social Security account Status: Reinstatement with changes. File,’’ OS–72, system notice in its number of individual being Contact: Sal Sclafani, HUD, (202) entirety to read as follows: compensated, date of injury and/or 708–1283 x4364, Joseph F. Lackey, Jr., Sue Ellen Sloca, death, last payment date, type of OMB, (202) 395–7316. Office of the Secretary, Privacy Act Officer, payment (whether medical bills or Dated: April 15, 1999. National Business Center. compensation), occupation code at time of injury, grand total of amount paid. [FR Doc. 99–9859 Filed 4–19–99; 8:45 am] INTERIOR/DOI±72 BILLING CODE 4210±01±M Records appear on lists which result SYSTEM NAME: from a computer match of the FECA Chargeback Case Files— Department of the Interior’s ‘‘Safety DEPARTMENT OF THE INTERIOR Interior, DOI–72. Management Information System,’’ DOI–60, files with the Department of Office of the Secretary SYSTEM LOCATION: Labor, Office of Workers’ Compensation (1) Employee and Labor Relations Program’s ‘‘Federal Employees Privacy Act of 1974; As Amended; Group, Office of Personnel Policy, U.S. Compensation Act Chargeback File,’’ Revisions to an Existing System of Department of the Interior, 1849 C Street DOL/ESA–15, files. Records NW, MS–5221 MIB, Washington, DC 20240. AUTHORITY FOR MAINTENANCE OF THE SYSTEM: AGENCY: Office of the Secretary, (2) Bureau of Indian Affairs, Division 5 U.S.C. 301, 5 U.S.C. 8147, 31 U.S.C. Department of the Interior. of Personnel Management, 1951 66a, and E.O. 11807. ACTION: Proposed revisions to an Constitution Avenue, NW, Washington, existing system of records. DC 20245. ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM INCLUDING CATEGORIES OF USERS AND (3) U.S. Geological Survey, National PURPOSES OF SUCH USES: SUMMARY: In accordance with the Center, 12201 Sunrise Valley Drive, Privacy Act of 1974, as amended(5 Reston, VA 22092. The primary purpose of the system is U.S.C. 552a), the Office of the Secretary (4) U.S. Fish and Wildlife Service, to determine the validity of Federal (OS) is issuing public notice of its intent Division of Personnel Management and Employees Compensation Act to modify an existing Privacy Act Organization, 1849 C Street NW, chargebacks to the Department of the system of records notice, OS–72, ‘‘FECA Washington, DC 20240. Interior. Chargeback Case File.’’ The revisions (5) Bureau of Reclamation, PO Box Note: Records are generated in a computer will update the number of the system, 25001, Denver, CO 80225. matching process. When no match occurs, the retrievability statement, and the (6) Bureau of Land Management, records are furnished to bureaus to determine address of the system locations and Division of Personnel (530), 1849 C why no match occurred. Resolution of the system managers. Street NW, Washington, DC 20240. investigation of why no match occurred may include a request to the Department of Labor, EFFECTIVE DATE: These actions will be (7) National Park Service, Division of Personnel, Branch of Labor Management Office of Workers’ Compensation Programs, effective April 20, 1999. that future charges be referred to another FOR FURTHER INFORMATION CONTACT: Relations, 1849 C Street NW, agency or that the Department of Labor Director, Office of Personnel Policy, Washington, DC 20240. discontinue payments and possibly initiate U.S. Department of the Interior, 1849 C (8) Minerals Management Service, civil or criminal prosecution proceedings Street NW, MS–5221 MIB, Washington, Personnel Division, 1110 Herndon against the claimant. DC 20240. Parkway, Herndon, VA 22070. (9) Office of Surface Mining, Division Disclosures outside the Department of SUPPLEMENTARY INFORMATION: The of Personnel, 1951 Constitution Avenue the Interior may be made: Department of the Interior is proposing NW, Washington, DC 20245. (1) To the U.S. Department of Justice to amend the system notice for OS–72, or in a proceeding before a court or ‘‘FECA Chargeback Case File,’’ to update CATEGORIES OF INDIVIDUALS COVERED BY THE adjudicative body with jurisdiction the number of the system to more SYSTEM: when (a) the United States, the accurately reflect its Department-wide Current and former Departmental Department of the Interior, a component scope, the retrievability statement and employees and dependents receiving of the Department, or, when represented the addresses of the system locations compensation payments through the by the government, an employee of the and system managers to reflect changes Federal Employees’ Compensation Act Department is a party to litigation or that have occurred since the notice was (FECA) which are being charged back to anticipated litigation or has an interest last published. Accordingly, the the Department of the Interior. in such litigation, and (b) the

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Department of the Interior determines (7) Personnel Officer, National Park DEPARTMENT OF THE INTERIOR that the disclosure is relevant or Service, Division of Personnel, Branch necessary to the litigation and is of Labor Management Relations, 1849 C Office of the Secretary compatible with the purpose for which Street NW, Washington, DC 20240. Privacy Act of 1974; As Amended; the records were compiled. (8) Personnel Officer, Minerals (2) To appropriate Federal, State, local Deletion of an Existing System of Management Service, Personnel or foreign agencies responsible for Records investigating or prosecuting the Division, 1110 Herndon Parkway, Herndon, VA 22070. AGENCY: Office of the Secretary, violation of or for enforcing or Department of the Interior. implementing a statute, rule, regulation, (9) Personnel Officer, Office of ACTION: Proposed deletion of an existing order or license, when the disclosing Surface Mining, Division of Personnel, system of records. agency becomes aware of a violation or 1951 Constitution Avenue NW, potential violation of a statute, rule, Washington, DC 20245. SUMMARY: In accordance with the regulation, order or license. Privacy Act of 1974, as amended (5 (3) To a congressional office in NOTIFICATION PROCEDURES: U.S.C. 552a), the Office of the Secretary response to an inquiry an individual has is issuing public notice of its intent to An individual requesting notification made to the congressional office. delete an existing Privacy Act system of (4) To another Federal, State or local of the existence of records on him or her records notice, OS–65, ‘‘Biography agency for the purpose of obtaining should address his/her request to the File.’’ information regarding payments being appropriate System Manager. The EFFECTIVE DATE: This action will be made to claimants. request must be in writing, signed by effective on April 20, 1999. (5) To the Department of Labor, as the requestor, include the current and FOR FURTHER INFORMATION CONTACT: necessary, to transmit information on all former names by which the Director, Office of Communications, results of investigations. individual has been known, and comply MS–6013 MIB, 1849 C Street NW, with the content requirements of 43 CFR POLICIES AND PRACTICES FOR STORING, Washington, DC 20240. 2.60. RETRIEVING, ACCESSING, RETAINING AND SUPPLEMENTARY INFORMATION: In this DISPOSING OF RECORDS IN THE SYSTEM: notice, the Department of the Interior is RECORD ACCESS PROCEDURES: STORAGE: deleting OS–65, ‘‘Biography File,’’ because a system of records, accessible Quarterly, computer-generated, lists An individual requesting access to by the names of senior agency officials, are stored in file folders. records maintained on him or her should address his/her request to the is no longer being maintained by the RETRIEVABILITY: appropriate System Manager. The Office of Communications. Records are retrieved by name of request must be in writing, signed by Sue Ellen Sloca, individual and bureau of employment. the requester, include the current and Office of the Secretary Privacy Act Officer, all former names by which the National Business Center. SAFEGUARDS: individual has been known, along with Access to records is limited to INTERIOR/OS±65 the Social Security account number of authorized personnel. Records are the individual, and comply with the SYSTEM NAME: maintained in locked metal filing Biography File—Interior, OS–65. cabinets. requirements of 43 CFR 2.63. ORIGINAL FEDERAL REGISTER PUBLICATION RETENTION AND DISPOSAL: CONTESTING RECORD PROCEDURES: CITATION: Records are destroyed 5 years after An individual requesting amendment 51 FR 28628, August 8, 1986. close of investigations. of a record maintained on him or her REASON FOR DELETION: SYSTEM MANAGER(S) AND ADDRESS: should address his/her request to the The Office of Communications no (1) Team Leader, Employee and Labor appropriate System Manager. The longer maintains a file of biographical Relations Group, Office of Personnel request must be in writing, signed by sketches of senior agency officials. Policy, U.S. Department of the Interior, the requestor, include the current and 1849 C Street NW, MS–5221 MIB, all former names by which the DISPOSITION OF RECORDS: Washington, DC 20240. individual has been known, along with All records have been disposed of, in (2) Personnel Officer, Bureau of the Social Security account number of accordance with General Records Indian Affairs, Division of Personnel the individual, and comply with the Schedule No. 14, Item 6. Management, 1951 Constitution content requirements of 43 CFR 2.71. [FR Doc. 99–9827 Filed 4–19–99; 8:45 am] Avenue, NW, Washington, DC 20245. BILLING CODE 4310±RV±P (3) Personnel Officer, U.S. Geological RECORD SOURCE CATEGORIES: Survey, National Center, 12201 Sunrise Records in this system are generated Valley Drive, Reston, VA 22092. DEPARTMENT OF THE INTERIOR (4) Personnel Officer, U.S. Fish and whenever a case listed in the Wildlife Service, Division of Personnel Department of Labor, Office of Workers’ Office of the Secretary Management and Organization, 1849 C Compensation Program’s ‘‘Federal Street NW, Washington, DC 20240. Employees’’ Compensation Act Privacy Act of 1974; As Amended; (5) Labor Relations Officer, Bureau of Chargeback File,’’ DOL/ESA–15, files Revisions to an Existing System of Reclamation, PO Box 25001, Denver, CO does not match a case in the Department Records 80225. of the Interior’s ‘‘Safety Management AGENCY: Office of the Secretary, (6) Personnel Officer, Bureau of Land Information System, ‘‘ DOI–60, files. Department of the Interior. Management, Division of Personnel [FR Doc. 99–9826 Filed 4–19–99; 8:45 am] ACTION: Proposed revisions to an (530), 1849 C Street NW, Washington, existing system of records. DC 20240. BILLING CODE 4310±RJ±P

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SUMMARY: In accordance with the (h) Office of Surface Mining, Division Department of the Interior, a component Privacy Act of 1974, as amended (5 of Personnel, 1951 Constitution Avenue of the Department, or, when represented U.S.C. 552a), the Office of the Secretary NW, Washington, DC 20245. by the government, an employee of the is issuing public notice of its intent to (3) Administrative components of the Department is a party to litigation or modify an existing Privacy Act system offices (within the bureaus listed above) anticipated litigation or has an interest of records notice, OS–74, ‘‘Grievance in which the grievances were filed. in such litigation, and (b) the Records.’’ The revisions will update the Department of the Interior determines number of the system, the authority CATEGORIES OF INDIVIDUALS COVERED BY THE that the disclosure is relevant or SYSTEM: statement and the addresses of the necessary to the litigation and is system locations and system managers. Departmental employees filing compatible with the purpose for which grievances in accordance with 370 DM EFFECTIVE DATE: These actions will be the records were compiled. 771. effective on April 20, 1999. (6) To the National Archives and FOR FURTHER INFORMATION CONTACT: CATEGORIES OF RECORDS IN THE SYSTEM: Records Adminstration for records management inspections conducted Director, Office of Personnel Policy, All documents related to internal under authority of 44 U.S.C. 2904 and U.S. Department of the Interior, 1849 C grievances filed with any part of the 2908. Street NW, MS–5221 MIB, Washington, Department, including, but not limited (7) To any individual in the form of DC 20240. to: Statements of witnesses, reports of summary descriptive statistics and SUPPLEMENTARY INFORMATION: The interviews and hearings, examiners’ analytical studies in support of the Department of the Interior is proposing findings and recommendations, function for which the records are to amend the system notice for OS–74, correspondence and exhibits, and (a collected and maintained, or for related ‘‘Grievance Records,’’ to update the copy of) the original and final decisions work force studies. (Note: While number of the system to more accurately on the grievances filed. published statistics and studies do not reflect its Department-wide scope, the authority for maintenance of the system AUTHORITY FOR MAINTENANCE OF THE SYSTEM: contain individual identifiers, in some statement and the addresses of the 5 U.S.C. 1302, 3301, 3302; E.O. 10577; instances the selection of elements of system locations and system managers 3 CFR 1958 Comp. p. 218. data included in the study may be to reflect changes that have occurred structured in such a way as to make the ROUTINE USES OF RECORDS MAINTAINED IN THE data individuality identifiable by since the notice was last published. SYSTEM INCLUDING CATEGORIES OF USERS AND Accordingly, the Department of the inference.) PURPOSES OF SUCH USES: (8) To the Office of Personnel Interior proposes to amend the The primary purpose of the system is Management, the Merit Systems ‘‘Grievance Records,’’ OS–74, system to adjudicate internal grievances. notice in its entirety to read as follows: Protection Board (and its Office of the Disclosures outside the Department of Special Counsel), the Federal Labor Sue Ellen Sloca, the Interior may be made: Relations Authority (and its General Office of the Secretary Privacy Act Officer, (1) To appropriate Federal, State, local Counsel), or the Equal Employment National Business Center. or foreign agencies responsible for Opportunity Commission when INTERIOR/DOI±74 investigating or prosecuting the requested in performance of their violation of or for enforcing or authorized functions. SYSTEM NAME: implementing a statute, rule, regulation, (9) To officials of labor organizations Grievance Records—Interior, DOI–74. order or license, when the disclosing recognized under the Civil Service agency becomes aware of a violation or SYSTEM LOCATION: Reform Act when relevant and potential violation of a statute, rule, necessary to allow them to perform their (1) Departmental office: Office of regulation, order or license. Personnel Policy, U.S. Department of duties of exclusive representation (2) To any individual (in the course of concerning personnel policies, the Interior, 1849 C Street NW, MS– processing a grievance) from whom the 5221 MIB, Washington, DC 20240. practices, and matters affecting work agency is seeking information relevant conditions. (2) Bureau personnel offices: to the adjudication of the grievance, to (a) Bureau of Indian Affairs, Division the extent necessary to inform the POLICIES AND PRACTICES FOR STORING, of Personnel Management, 1951 individual of the purpose of the request RETRIEVING, ACCESSING, RETAINING AND Constitution Avenue NW, Washington, DISPOSING OF RECORDS IN THE SYSTEM: for information and to identify the type DC 20245. STORAGE: (b) U.S. Geological Survey, National of information requested. Center, 12201 Sunrise Valley Drive, (3) To a Federal agency which has Records are maintained in file folders. requested information relevant or Reston, VA 22092. RETRIEVABILITY: (c) U.S. Fish and Wildlife Service, necessary to the hiring or retention of an employee, the conducting of a security Records are retrieved by the names of Division of Personnel Management and individuals filing internal grievances. Organization, 1849 C Street NW, clearance or suitability investigation, Washington, DC 20240. the classifying of a job, the letting of a SAFEGUARDS: (d) Bureau of Reclamation, PO Box contract, or the issuing of a license, Access to records is limited to 25001, Denver, CO 80225. grant or other benefit, to the extent that authorized personnel. Record are (e) Bureau of Land Management, the information is relevant and maintained in locked metal filing Division of Personnel (530), 1849 C necessary to the requesting agency’s cabinets. Street NW, Washington, DC 20240. decision on the matter. (f) National Park Service, Division of (4) To a congressional office in RETENTION AND DISPOSAL: Personnel, Branch of Labor Management response to an inquiry an individual has Records compiled under 370 DM 771 Relations, 1849 C Street NW, made to the congressional office. are destroyed 3 years after the date of Washington, DC 20240. (5) To the U.S. Department of Justice final closing of the case. Records (g) Minerals Management Service, or in a proceeding before a court or compiled under a negotiated procedure Personnel Division, 1110 Herndon adjudicative body with jurisdiction are disposed of in accordance with Parkway, Herndon, VA 22070. when (a) the United States, the approved records schedules.

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SYSTEM MANAGER(S) AND ADDRESS: to the appropriate System Manager. The retrievability, safeguards, and retention (1) Departmental office: Director, request must be in writing, signed by and disposition statements, and the Office of Personnel Policy, U.S. the requestor, and contain the following addresses of the system locations and Department of the Interior, 1849 C Street information: name and birth date of system managers. NW, MS–5221 MIB, Washington, DC requestor, approximate date of closing EFFECTIVE DATE: These actions will be 20240. of the case, type of action taken, and effective on April 20, 1999. (2) Bureau personnel offices: agency component involved. (See 43 FOR FURTHER INFORMATION CONTACT: (a) Director of Administration, Bureau CFR 2.63.) Team Leader, Employee and Labor of Indian Affairs, Division of Personnel Relations Group, Office of Personnel Management, 1951 Constitution Avenue CONTESTING RECORD PROCEDURES: If an individual who has filed a Policy, U.S. Department of the Interior, NW, Washington, DC 20245. 1849 C Street NW., MS–5221 MIB, (b) Personnel Officer, U.S. Geological grievance with the Department wishes Washington, DC 20240. Survey, National Center, 12201 Sunrise to request amendment of his/her Valley Drive, Reston, VA 22092. records, to correct factual errors, he or SUPPLEMENTARY INFORMATION: The (c) Personnel Officer, U.S. Fish and she should address his or her request to Department of the Interior is proposing Wildlife Service, Division of Personnel the appropriate System Manager. The to amend the system notice for OS–78, Management and Organization, 1849 C request must be in writing, signed by ‘‘Negotiated Grievance Procedure Files,’’ Street NW, Washington, DC 20240. the requestor, and contain the following to update the number of the system to (d) Labor Relations Officer, Bureau of information: name and birth date of more accurately reflect its Department- Reclamation, PO Box 25001, Denver, CO requestor, approximate date of closing wide scope, the authority for 80225. of the case, type of action taken, and maintenance of the system, storage, (e) Personnel Officer, Bureau of Land agency component involved. (See 43 retrievability, safeguards, and retention Management, Division of Personnel CFR 2.71.) and disposition statements, and the addresses of the system locations and (530), 1849 C Street NW, Washington, Note: Review of requests from individuals DC 20240. seeking amendment of their records which system managers to reflect changes that (f) Personnel Officer, National Park have been the subject of a judicial or quasi- have occurred since the notice was last Service, Division of Personnel, Branch judicial action will be limited in scope. published. Accordingly, the Department of Labor Management Relations, 1849 C Review of these requests will be restricted to of the Interior proposes to amend the Street NW, Washington, DC 20240. determining if the record accurately ‘‘Negotiated Grievance Procedure Files,’’ (g) Personnel Officer, Minerals documents the action of the agency ruling on OS–78, in its entirety to read as follows: Management Service, Personnel the case and will not include a review of the Sue Ellen Sloca, merits of the action, determination, or Division, 1110 Herndon Parkway, finding. Office of the Secretary Privacy Act Officer, Herndon, VA 22070. National Business Center. (h) Personnel Officer, Office of RECORD SOURCE CATEGORIES: Surface Mining, Division of Personnel, Individuals filing grievances, INTERIOR/DOI±78 1951 Constitution Avenue NW, witnesses providing testimony, SYSTEM NAME: Washington, DC 20245. organizations or persons providing (3) Administrative officers of the Negotiated Grievance Procedures information via correspondence, agency Files—Interior, DOI–78. offices (within the bureaus listed above) officials, and grievance examiners and/ in which the grievances were filed. or arbitrators. SYSTEM LOCATION: (Contact the appropriate bureau system (1) Employee and Labor Relations manager to obtain the address of the EXEMPTIONS CLAIMED FOR THE SYSTEM: Group, Office of Personnel Policy, U.S. office system manager.) None. Department of the Interior, 1849 C Street NOTIFICATION PROCEDURES: [FR Doc. 99–9828 Filed 4–19–99; 8:45 am] NW., MS–5221 MIB, Washington, DC Individuals filing grievances with the BILLING CODE 4310±RJ±P 20240. Department are given a copy of their (2) Bureau of Indian Affairs, Division records as a part of the official grievance of Personnel Management, 1951 process. If, however, at any later time an DEPARTMENT OF THE INTERIOR Constitution Avenue NW., Washington, DC 20245. individual also wishes to request Office of the Secretary notification of the existence of records (3) U.S. Geological Survey, National on him or her, he or she should address Privacy Act of 1974; As Amended; Center, 12201 Sunrise Valley Drive, his or her request to the appropriate Revisions to an Existing System of Reston, VA 22092. System Manager. The request must be in Records (4) U.S. Fish and Wildlife Service, writing, signed by the requestor, and Division of Personnel Management and contain the following information: name AGENCY: Office of the Secretary, Organization, 1849 C Street NW., and birth date of requestor, approximate Department of the Interior. Washington, DC 20240. date of closing of the case, type of action ACTION: Proposed revisions to an (5) Bureau of Reclamation, PO Box taken, and agency component involved. existing system of records. 25001, Denver, CO 80225. (See 43 CFR 2.60.) (6) Bureau of Land Management, SUMMARY: In accordance with the Division of Personnel (530), 1849 C RECORD ACCESS PROCEDURES: Privacy Act of 1974, as amended (5 Street NW., Washington, DC 20240. Individuals filing grievances with the U.S.C. 552a), the Office of the Secretary (7) National Park Service, Division of Department are given a copy of their is issuing public notice of its intent to Personnel, Branch of Labor Management records as a part of the official grievance modify an existing Privacy Act system Relations, 1849 C Street NW., process. If, however, at any later time an of records notice, OS–78, ‘‘Negotiated Washington, DC 20240. individual also wishes to request a copy Grievance Procedure Files.’’ The (8) Minerals Management Service, of records maintained on him or her, he revisions will update the number of the Personnel Division, 1110 Herndon or she should address his or her request system, the authorities, storage, Parkway, Herndon, VA 22070.

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(9) Office of Surface Mining, Division SAFEGUARDS: CONTESTING RECORD PROCEDURES: of Personnel, 1951 Constitution Avenue Access to records is limited to An individual requesting amendment NW., Washington, DC 20245. authorized personnel. Manual records of a record maintained on him or her are stored in locked metal file cabinets CATEGORIES OF INDIVIDUALS COVERED BY THE should address his/her request to the SYSTEM: or in metal file cabinets in secured appropriate System Manager. The premises. Electronic records are request must be in writing, signed by Departmental employees filing maintained with access controls grievances/complaints. the requestor, and comply with the meeting the requirements of 43 CFR content requirements of 43 CFR 2.71. CATEGORIES OF RECORDS IN THE SYSTEM: 2.51 RECORD SOURCE CATEGORIES: Formal grievances and complaints; RETENTION AND DISPOSAL: name, address, and other personal Records are retained and disposed of Individuals filing grievances and information about individuals filing in accordance with General Records complaints, colleagues and supervisors grievances and complaints; transcripts Schedule No. 1, Item 30. of complainants, and management of hearings (if held); and relevant officials. information about other individuals in SYSTEM MANAGER(S) AND ADDRESS: complainants’ work units. (1) Team Leader, Employee and Labor EXEMPTIONS CLAIMED FOR THE SYSTEM: AUTHORITY FOR MAINTENANCE OF THE SYSTEM: Relations Group, Office of Personnel None. Policy, U.S. Department of the Interior, 5 U.S.C. 7100. 1849 C Street NW., MS–5221 MIB, [FR Doc. 99–9829 Filed 4–19–99; 8:45 am] BILLING CODE 4310±RJ±P ROUTINE USES OF RECORDS MAINTAINED IN THE Washington, DC 20240. SYSTEM, INCLUDING CATEGORIES OF USERS AND (2) Director of Administration, Bureau THE PURPOSES OF SUCH USES: of Indian Affairs, Division of Personnel DEPARTMENT OF THE INTERIOR The primary purpose of the system is Management, 1951 Constitution Avenue to adjudicate grievances and NW., Washington, DC 20245. Office of the Secretary complaints. (3) Personnel Officer, U.S. Geological Disclosures outside the Department of Survey, National Center, 12201 Sunrise Privacy Act of 1974; As Amended; the Interior may be made: Valley Drive, Reston, VA 22092. Revisions to an Existing System of (1) To the Federal Labor Relations (4) Personnel Officer, U.S. Fish and Records Authority. Wildlife Service, Division of Personnel (2) To the U.S. Department of Justice Management and Organization, 1849 C AGENCY: Office of the Secretary, or in a proceeding before a court or Street NW., Washington, DC 20240. Department of the Interior. adjudicative body with jurisdiction (5) Labor Relations Officer, Bureau of ACTION: Proposed revisions to an when (a) the United States, the Reclamation, PO Box 25001, Denver, CO existing system of records. Department of the Interior, a component 80225. of the Department, or, when represented (6) Personnel Officer, Bureau of Land SUMMARY: In accordance with the by the government, an employee of the Management, Division of Personnel Privacy Act of 1974, as amended (5. Department is a party to litigation or (530), 1849 C Street NW., Washington, U.S.C. 552a), the Office of the Secretary anticipated litigation or has an interest DC 20240. is issuing public notice of its intent to in such litigation, and (b) the (7) Personnel Officer, National Park modify an existing Privacy Act system Department of the Interior determines Service, Division of Personnel, Branch of records notice, OS–58, that the disclosure is relevant or of Labor Management Relations, 1849 C ‘‘Administrative Operations Records on necessary to the litigation and is Street NW., Washington, DC 20240. Employees.’’ The revisions will update compatible with the purpose for which (8) Personnel Officer, Minerals the system name and number and the the records were compiled. Management Service, Personnel system location and system manager (3) To appropriate Federal, State, local Division, 1110 Herndon Parkway, and address statements. or foreign agencies responsible for Herndon, VA 22070. investigating or prosecuting the (9) Personnel Officer, Office of EFFECTIVE DATE: These actions will be violation of or for enforcing or Surface Mining, Division of Personnel, effective on April 20, 1999. implementing a statute, rule, regulation, 1951 Constitution Avenue NW., FOR FURTHER INFORMATION CONTACT: order or license, when the disclosing Washington, DC 20245. . Director, Office of Personnel Policy, agency becomes aware of a violation or U.S. Department of the Interior, 1849 C NOTIFICATION PROCEDURES: potential violation of a statute, rule, Street NW, MS–5221 MIB, Washington, regulation, order or license. An individual requesting notification DC 20240. (4) To a congressional office in of the existence of records on him or her response to an inquiry an individual has should address his/her request to the SUPPLEMENTARY INFORMATION: The made to the congressional office. appropriate System Manager. The Department of the Interior is proposing request must be in writing, signed by to amend the system notice for OS–58, POLICIES AND PRACTICES FOR STORING, the requestor, and comply with the ‘‘Administrative Operations Records on RETRIEVING, ACCESSING, RETAINING, AND content requirements of 43 CFR 2.60. Employees,’’ to update the name and DISPOSING OF RECORDS IN THE SYSTEM: number of the system to more accurately STORAGE: RECORD ACCESS PROCEDURES: reflect its Department-wide scope, and Records are stored in both manual An individual requesting access to to update the system location and and electronic format. records maintained on him or her system manager and address statements should address his/her request to the to provide a current list of specific RETRIEVABILITY: appropriate System Manager. The locations and system managers rather Records are retrieved by name of request must be in writing, signed by than a generic reference to the individual filing grievance or complaint the requestor, and comply with the Department’s organizational structure. and Docket or Case Number. content requirements of 43 CFR 2.63. Accordingly, the Department of the

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Interior proposes to amend the attendance records; budget records; POLICIES AND PRACTICES FOR STORING, ‘‘Administrative Operations records on accident and safety records, property RETRIEVING, ACCESSING, RETAINING AND Employees,’’ OS–58, system notice in its accountability records; study and DISPOSING OF RECORDS IN THE SYSTEM: entirety to read as follows: special project records; committee and STORAGE: Sue Ellen Sloca, detail assignments; locator indexes; Records are stored in paper format, in Office of the Secretary Privacy Act Officer, parking space assignments; mailing file folders in locked cabinets, and in National Business Center. lists; and similar records. These records electronic format, on disk or tape. may contain one or more of the INTERIOR/DOI±58 following (or similar) data elements: RETRIEVABILITY: SYSTEM NAME: Name and Social Security number of Records are retrieved by name of Employee Administrative Records— employee, office telephone number, employee or control number assigned to Interior, DOI–58. organizational location, occupational employee. series and grade, position title, SAFEGUARDS: SYSTEM LOCATION: organizational title assigned for program (1) Departmental personnel office: management purposes, home address Access to records is limited to Office of Personnel Policy, U.S. and home telephone number (for authorized personnel. Records are Department of the Interior, 1849 C Street emergency contact purposes only). maintained in locked filing cabinets or NW, MS–5221 MIB, Washington, DC secure electronic systems. AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 20240. RETENTION AND DISPOSAL: (2) Bureau personnel offices: 5 U.S.C. 301, 3101, 5105–5115, 5501– 5516, 5701–5709; 31 U.S.C. 66a, 240– Records are retained until completion (a) Bureau of Indian Affairs, Division of the assignment or activity to which of Personnel Management, 1951 243; 40 U.S.C. 483(b); 43 U.S.C. 1467; 44 U.S.C. 3101; Executive Order 11807. they pertain, or until separation of Constitution Avenue NW, Washington, covered employees, at which time they DC 20245. are disposed of in accordance with (b) U.S. Geological Survey, National ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM INCLUDING CATEGORIES OF USERS AND appropriate records schedules. Center, 12201 Sunrise Valley Drive, PURPOSES OF SUCH USES: Reston, VA 22092. SYSTEM MANAGER(S) AND ADDRESS: The primary purpose of the system is (c) U.S. Fish and Wildlife Service, (1) Departmental office: Director, to support the administration and Division of Personnel Management and Office of Personnel Policy, U.S. operation of the offices in which Organization, 1849 C Street NW, Department of the Interior, 1849 C Street individuals covered by the system are Washington, DC 20240. NW, MS–5221 MIB, Washington, DC employed. Disclosures outside the (d) Bureau of Reclamation, PO Box 20240. Department of the Interior may be made: 25001, Denver, CO 80225. (2) Bureau personnel offices: (e) Bureau of Land Management, (1) To the U.S. Department of Justice (a) Director of Administration, Bureau Division of Personnel (530), 1849 C or in a proceeding before a court or of Indian Affairs, Division of Personnel Street NW, Washington, DC 20240. adjudicative body with jurisdiction Management, 1951 Constitution Avenue (f) National Park Service, Division of when (a) the United States, the NW, Washington, DC 20245. Personnel, Branch of Labor Management Department of the Interior, a component (b) Personnel Officer, U.S. Geological Relations, 1849 C Street NW, of the Department, or, when represented Survey, National Center, 12201 Sunrise Washington, DC 20240. by the government, an employee of the Valley Drive, Reston, VA 22092. (g) Minerals Management Service, Department is a party to litigation or (c) Personnel Officer, U.S. Fish and Personnel Division, 1110 Herndon anticipated litigation or has an interest Wildlife Service, Division of Personnel Parkway, Herndon, VA 22070. in such litigation, and (b) the Management and Organization, 1849 C (h) Office of Surface Mining, Division Department of the Interior determines Street NW, Washington, DC 20240. of Personnel, 1951 Constitution Avenue that the disclosure is relevant or (d) Labor Relations Officer, Bureau of NW, Washington, DC 20245. necessary to the litigation and is Reclamation, PO Box 25001, Denver, CO (3) Administrative components of the compatible with the purpose for which 80225. offices (within the bureaus listed above) the records were compiled. (e) Personnel Officer, Bureau of Land in which individuals covered by the (2) To appropriate Federal, State, local Management, Division of Personnel system are employed. or foreign agencies responsible for (530), 1849 C Street NW, Washington, investigating or prosecuting the CATEGORIES OF INDIVIDUALS COVERED BY THE DC 20240. SYSTEM: violation of or for enforcing or (f) Personnel Officer, National Park implementing a statute, rule, regulation, (1) Employees of the Department of Service, Division of Personnel, Branch order or license, when the disclosing of Labor Management Relations, 1849 C the Interior. agency becomes aware of a violation or (2) Employees of independent Street NW, Washington, DC 20240. potential violation of a statute, rule, agencies, councils and commissions (g) Personnel Officer, Minerals regulation, order or license. (which are supported, administratively, Management Service, Personnel by the Office of the Secretary). (3) To a congressional office in Division, 1110 Herndon Parkway, response to an inquiry an individual has Herndon, VA 22070. CATEGORIES OF RECORDS IN THE SYSTEM: made to the congressional office. (h) Personnel Officer, Office of Records involving the administrative (4) To another Federal agency for Surface Mining, Division of Personnel, or operational relationships between the related program management purposes 1951 Constitution Avenue NW, employee and the office in which the when the Department determines that Washington, DC 20245. employee works, including, but not the disclosure is compatible with the (3) Administrative officers of the limited to, the following types of purpose for which the records were offices (within the bureaus listed above) records: Workload and productivity compiled. in which individuals covered by the records for scheduling purposes; travel (5) To the public in the form of agency system are employed. (Contact the activity records; employee time and directories of office telephone numbers. appropriate bureau system manager to

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Ch. 2 (1994)), request must be in writing, signed by June 14, 1839, and Transfer of the requestor, and comply with the but not from leasing under the mineral Jurisdiction; Michigan content requirements of 43 CFR 2.60. leasing laws, to protect the Bureau of Reclamation’s Lake Pleasant expansion AGENCY: RECORD ACCESS PROCEDURES: Bureau of Land Management, area: Interior. An individual requesting access to records maintained on him or her Gila and Salt River Meridian ACTION: Public land order. should address his/her request to the T. 7 N., R. 1 E., appropriate System Manager. The Sec. 12, a portion of the N1⁄2NW1⁄4 of lot SUMMARY: This order revokes an request must be in writing, signed by 2 (C.A.P. Tract No. NW–1–1c). Executive order in its entirety as to10.15 the requestor, and comply with the T. 6 N., R. 1 E., acres of public land withdrawn for the requirements of 43 CFR 2.63. Sec. 3, W1⁄2 of lot 10; use by the United States Coast Guard for Sec. 10, S1⁄2NW1⁄4; lighthouse purposes. The land is no CONTESTING RECORD PROCEDURES: 1 1 Sec. 15, SW ⁄4NE ⁄4. longer needed for lighthouse purposes. An individual requesting amendment T. 6 N., R. 1 W., In accordance with Public Law 91–479, of a record maintained on him or her Sec. 1, lots 1, 2, 3, 5, 6, and 7, SW1⁄4NE1⁄4, this order also transfers jurisdiction to should address his/her request to the and E1⁄2W1⁄2SE1⁄4; the National Park Service for inclusion appropriate System Manager. The Sec. 12, lot 1 and E1⁄2NW1⁄4NE1⁄4; in the Sleeping Bear Dunes National 1 1 request must be in writing, signed by Sec. 13, E ⁄2 and that portion of the W ⁄2 Lakeshore. the requestor, and comply with the lying east of the east right-of-way content requirements of 43 CFR 2.71. boundary of the Castle Hot Springs Road. EFFECTIVE DATE: April 20, 1999. T. 7 N., R. 1 W., FOR FURTHER INFORMATION CONTACT: RECORD SOURCE CATEGORIES: 1 1 1 Ed Sec. 13, W ⁄2SW ⁄4SE ⁄4 and Ruda, Bureau of Land Management, Individuals covered by the system, SW1⁄4NW1⁄4SE1⁄4; Eastern States, 7450 Boston Boulevard, agency officials, and agency records or Sec. 23, E1⁄2NE1⁄4, E1⁄2W1⁄2NE1⁄4, Springfield, Virginia 22153, 703–440– documents. NE1⁄4SE1⁄4, E1⁄2NW1⁄4SE1⁄4, SE1⁄4SE1⁄4, 1663. and SW1⁄4SE1⁄4; EXEMPTIONS CLAIMED FOR THE SYSTEM: Sec. 24, NW1⁄4 and W1⁄2W1⁄2NE1⁄4; By virtue of the authority vested in None. Sec. 25, W1⁄2 and NE1⁄4. the Secretary of the Interior by Section [FR Doc. 99–9830 Filed 4–19–99; 8:45 am] The areas described aggregate 1,988.27 204 of the Federal Land Policy and Management Act of 1976, 43 U.S.C. BILLING CODE 4310±RJ±P acres in Maricopa and Yavapai Counties. 1714 (1994), it is ordered as follows: 2. The withdrawal made by this order 1. The Executive Order dated June 14, DEPARTMENT OF THE INTERIOR does not alter the applicability of those 1839, which withdrew land for public land laws governing the use of lighthouse purposes, is hereby revoked Bureau of Land Management the lands under lease, license, or permit, insofar as it affects the following [AZ±950±5700±77; AZA 25613] or governing the disposal of their described land: mineral or vegetative resources other South Manitou Island Light Station Public Land Order No. 7384; than under the mining laws. Withdrawal of Public Lands for 3. This withdrawal will expire 20 Michigan Meridian Expansion of Lake Pleasant; Arizona years from the effective date of this T. 30 N., R. 15 W., Sec. 10, part of lot 1. AGENCY: Bureau of Land Management, order unless, as a result of a review Interior. conducted before the expiration date The area described contains 10.15 acres pursuant to Section 204(f) of the Federal plus accretions in Leelanau County. ACTION: Public land order. Land Policy and Management Act of 2. In accordance with Public Law 91– SUMMARY: This order withdraws 1976, 43 U.S.C. 1714(f) (1994), the 479, subject to valid existing rights, the 1,988.27 acres of public lands from Secretary determines that the administrative jurisdiction of the above surface entry and mining for a period of withdrawal shall be extended. described land is hereby transferred 20 years to protect the Bureau of Dated: March 29, 1999. from the United States Coast Guard to Reclamation’s Lake Pleasant expansion the National Park Service to be managed area. The lands have been and will John Berry, as part of the Sleeping Bear Dunes remain open to mineral leasing. Assistant Secretary of the Interior. [FR Doc. 99–9890 Filed 4–19–99; 8:45 am] National Lakeshore and shall thereafter EFFECTIVE DATE: April 20, 1999. be subject to all laws and regulations FOR FURTHER INFORMATION CONTACT: Jim BILLING CODE 4310±32±P applicable thereto. Andersen, BLM Phoenix Field Office, Dated: March 29, 1999. 2015 West Deer Valley Road, Phoenix, Arizona 85027, 602–580–5570. John Berry, By virtue of the authority vested in Assistant Secretary of the Interior. the Secretary of the Interior by Section [FR Doc. 99–9888 Filed 4–19–99; 8:45 am] 204 of the Federal Land Policy and BILLING CODE 4310±GJ±P

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INTERNATIONAL TRADE Resin, Carbon Steel Butt-weld Pipe may be carried over to the agenda of the COMMISSION Fittings, 3.5’’ Microdisks, and following meeting. Electrolytic Manganese Dioxide. Issued: April 15, 1999. Sunshine Act Meeting In accordance with Commission By order of the Commission. AGENCY HOLDING THE MEETING: United policy, subject matter listed above, not Donna R. Koehnke, States International Trade Commission. disposed of at the scheduled meeting, Secretary. may be carried over to the agenda of the TIME AND DATE: April 22, 1999 at 2:00 [FR Doc. 99–9963 Filed 4–16–99; 2:20 pm] following meeting. p.m. BILLING CODE 7020±02±P PLACE: Room 101, 500 E Street S.W., Issued: April 15, 1999. Washington, DC 20436, Telephone: By order of the Commission. (202) 205–2000. Donna R. Koehnke, DEPARTMENT OF LABOR STATUS: Open to the public. Secretary. Office of the Secretary MATTERS TO BE CONSIDERED: [FR Doc. 99–9962 Filed 4–16–99; 2:20 pm] 1. Agenda for future meeting: none BILLING CODE 7020±02±P Agency Recordkeeping/Reporting 2. Minutes Requirements Under Emergency 3. Ratification List INTERNATIONAL TRADE Review by the Office of Management 4. Inv. Nos. 701–TA–376–377 and 379 COMMISSION and Budget (OMB) and 731–TA–788–793 (Final)(Certain Stainless Steel Plate Sunshine Act Meeting April 14, 1999. from Belgium, Canada, Italy, Korea, The Department of Labor has South Africa, and Taiwan)— AGENCY HOLDING THE MEETING: United submitted an emergency processing briefing and vote. States International Trade Commission. public information collection request 5. Outstanding action jackets: none TIME AND DATE: April 29, 1999 at 11:00 (ICR) for the Welfare to Work (WtW) In accordance with Commission a.m. Participant Data Collection and policy, subject matter listed above, not PLACE: Room 101, 500 E Street S.W., Reporting Requirements, not covered disposed of at the scheduled meeting, Washington, DC 20436, Telephone: under 45 CFR Part 276, Interim Final may be carried over to the agenda of the (202) 205–2000. Rule, dated October 29, 1998, for States, Indian tribes, and competitive grantees following meeting. STATUS: Open to the public. receiving funding under the WtW Issued: April 15, 1999. MATTERS TO BE CONSIDERED: program, to the Office of Management By order of the Commission. 1. Agenda for future meeting: none and Budget (OMB) for review and Donna R. Koehnke, 2. Minutes clearance under the Paperwork Secretary. 3. Ratification List Reduction Act of 1995 (Pub. L. 104–13, [FR Doc. 99–9961 Filed 4–16–99; 2:20 pm] 4. Inv. No. 731–TA–653 44 U.S.C. Chapter 35). This ICR includes BILLING CODE 7020±02±P (Review)(Sebacic Acid from data collection and reporting China)—briefing and vote. (The requirements for all individuals Commission will transmit its enrolled in the WtW competitive grant INTERNATIONAL TRADE determination to the Secretary of program, complementary to those COMMISSION Commerce on May 10, 1999.) specified for States and Indian tribes at 5. Inv. Nos. 731–TA–794–796 (Final) 45 CFR Part 276. This ICR also includes Sunshine Act Meeting (Certain Emulsion Styrene- eligibility and targeting requirements to AGENCY HOLDING THE MEETING: United Butadiene Rubber from Brazil, ensure compliance with section States International Trade Commission. Korea, and Mexico)—briefing and 403(a)(5)(C)(ii) of the Social Security vote. TIME AND DATE: Act, and disaggregate follow-up data April 26, 1999 at 2:00 6. Outstanding action jackets: p.m. collection elements pursuant to sections (1) Document No. GC–99–025: 403(a)(5)(E), 411(a)(7), and PLACE: Room 101, 500 E Street S.W., Approval of whether to review a 411(a)(1)(A)(xvii)(IV) of the Act. OMB Washington, DC 20436, Telephone: final initial determination in Inv. approval has been requested by April (202) 205–2000. No. 337–TA–406 (Certain Lens- 30, 1999. A copy of this ICR, with STATUS: Open to the public. Fitted Film Packages). applicable supporting documentation, MATTERS TO BE CONSIDERED: (2) Document No. GC–99–026: may be obtained by calling the 1. Agenda for future meeting: none Approval of initial determination Department of Labor Acting Clearance 2. Minutes terminating the investigation based Officer, Pauline Perrow at (202) 219– 3. Ratification List on withdrawal of the complaint 5095, X 165. 4. Inv. Nos. 731–TA–787 without prejudice in Inv. No. 337– Comments and questions about the (Final)(Extruded Rubber Thread TA–418 (Certain Rodent Bait ICR listed below should be forwarded to from Indonesia)—briefing and vote. Stations and Components Thereof). the Office of Information and Regulatory 5. Outstanding action jackets: (3) Document No. INV–99–059: Affairs, Attn: OMB Desk Officer for the (1) Document No. GC–99–025: Approval of institution of five-year Employment and Training Approval of whether to review a reviews on Certain Pipe and Tube, Administration, Office of Management final initial determination in Inv. Granular Polytetrafluoroethylene and Budget, Room 10235, Washington, No. 337–TA–406 (Certain Lens- Resin, Carbon Steel Butt-weld Pipe DC 20503 (202) 395–7316. The Office of Fitted Film Packages). Fittings, 3.5′′ Microdisks, and Management and budget is particularly (2) Document No. INV–99–059: Electrolytic Manganese Dioxide. interested in comments which: Approval of institution of five-year In accordance with Commission • Evaluate whether the proposed reviews on Certain Pipe and Tube, policy, subject matter listed above, not collection of information is necessary Granular Polytetrafluoroethylene disposed of at the scheduled meeting, for the proper performance of the

VerDate 23-MAR-99 16:22 Apr 20, 1999 Jkt 183247 PO 00000 Frm 00053 Fmt 4703 Sfmt 4703 E:\FR\FM\20APN1.XXX pfrm07 PsN: 20APN1 19388 Federal Register / Vol. 64, No. 75 / Tuesday, April 20, 1999 / Notices functions of the agency, including OMB Number: 1205–0NEW. The WtW program is a new program whether the information will have Frequency: Quarterly. designed to assist States and local practical utility; communities in providing transitional • Affected Public: (1) WtW Formula Evaluate the accuracy of the Grants: States, local governments, and employment assistance to move hard-to- agency’s estimate of the burden of the Private Industry Councils (2) WtW employ recipients of Temporary proposed collection of information, Competitive Grants: Eligible applicants Assistance for Needy Families (TANF) including the validity of the from business and/or other for profit into unsubsidized jobs. The data methodology and assumptions used; and non-profit institutions; and (3) collection and reporting requirements • Enhance the quality, utility, and Indian Tribes. requested by the Employment and clarity of the information to be Training Administration are necessary collected; and Reporting Burden: See the attached to effectively manage and evaluate the • Minimize the burden of the tables for Reporting Burden and Cost collection of information on those who Estimates for Required Data Collection. WtW program, to measure regulatory are to respond through the use of Description: The proposed ICR compliance, to prepare statutorily appropriate automated, electronic, incorporates all participant data required reports to Congress and for mechanical, or other technological collection and reporting requirements audit purposes. Transmittal of the collection techniques or other forms of set forth in section 411 of Title IV, Part requested data will occur electronically information technology, e.g., electronic A, of the Social Security Act, 42 U.S.C. on a quarterly basis, via software submission of responses. Agency: 611, which are applicable to provided to the grantees. The States will Employment and Training participants receiving services under report this required information for Administration WtW competitive grants, formula grants to the State welfare Title: Welfare to Work Disaggregate complementary to those required for agencies, based on format specifications Participant Eligibility, Targeting, and States and Indian tribes as implemented which will be provided by the Follow-up Data Collection and in 45 CFR Part 276. Further, the ICR Department of Health and Human Reporting Requirements for States, implements disaggregate targeting and Services. Competitive grantees and Indian Tribes, and Competitive eligibility data collection and reporting Indian tribes will report this required Grantees; and Data Collection and requirements for States, Indian tribes data directly to the Department of Labor, Reporting Requirements for Competitive and competitive grantees which have based on format specifications to be Grantees Complementary to Those individuals and families participating in provided to the grantees. Contained at 45 CFR Part 276, dated the WtW programs, as well as October 29, 1998, for States and Indian disaggregate follow-up data collection Pauline Perrow, Tribes. and reporting requirements. Acting Departmental Clearance Officer.

DOL±ETA REPORTING BURDEN FOR WTW FORMULA AND TRIBAL GRANTS (INCLUDING BONUS) PARTICIPANT DATA COLLECTION

FY 2000 Requirements FY 1998 FY 1999 (bonus) FY 2001

Number of Reports Per Entity Per Quarter ...... 1 1 1 1 Total Number of Reports Per Entity Per Year ...... 2 4 4 4 Number of Hours Required for Reporting Hours Per Quarter Per Report ...... 1 1 1 1 Total Number of Hours Required for Reporting Hours Per Entity Per Year ... 2 4 4 4 Number of Entities Reporting ...... 55 55 55 55 Total Number of Hours Required for Reporting Burden Per Year ...... 110 220 220 220 Total Burden Cost @ $23.45 per hour ...... $2,580 $5,159 $5,159 $5,159 Note: This reporting Burden Estimate is exclusive of the Reporting Burden estimate contained in 45 CFR Part 276. This Reporting Burden in- cludes estimated time and dollars to report eligibility, targeting, and follow-up disaggregate participant data.

DOL±ETA REPORTING BURDEN FOR WTW COMPETITIVE GRANTS PARTICIPANT DATA COLLECTION

Requirements FY 1998 FY 1999 FY 2000

Number of Reports Per Entity Per Quarter ...... 1 ...... 1 ...... 1. Total Number of Reports Per Entity Per Year ...... 2 ...... 4 ...... 4. Number of Hours Required for Reporting Per Quarter Per Report ..... 90 minutes ...... 90 minutes ...... 90 minutes. Total Number of Hours Required for Reporting Hours Per Entity Per 3 ...... 6 ...... 6. Year. Estimated Number of Entities Reporting ...... 76 ...... 76 ...... 50. Total Number of Hours Required for Reporting Burden Per Year ...... 228 ...... 456 ...... 300. Total Burden Cost @ $23.45 per hour ...... $5,347 ...... $10,693 ...... $7,035.

[FR Doc. 99–9874 Filed 4–19–99; 8:45 am] BILLING CODE 4510±30±M

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DEPARTMENT OF LABOR Summary program helps to ensure that requested The following change has occurred data can be provided in the desired Employment and Training format, reporting burden (time and Administration since the publication of the last notice regarding the State’s EB status: financial resources) is minimized, collection instruments are clearly Notice of a Change in Status of an • January 30, 1999—Puerto Rico’s 13- Extended Benefit (EB) Period for week insured unemployment rate for understood, and the impact of collection Alaska the week ending January 9, 1999 fell requirements on respondents can be below 6.0 percent and was less than 120 properly assessed. Currently, the Bureau This notice announces a change in percent of the average for the of Labor Statistics (BLS) is soliciting benefit period eligibility under the EB corresponding period for the prior two comments concerning the proposed Program for Alaska. years, causing Puerto Rico to trigger reinstatement, with change, of the Summary ‘‘off’’ EB effective January 30, 1999. ‘‘Veterans Supplement to the Current Population Survey (CPS).’’ The following change has occurred Information for Claimants A copy of the proposed information since the publication of the last notice The duration of benefits payable in collection request (ICR) can be obtained regarding the State’s EB status: the EB Program, and the terms and • by contacting the individual listed Febraury 21, 1999 Alaska triggered conditions on which they are payable, below in the ADDRESSES section of this ‘‘on’’ EB. Alaska’s 13-week insured are governed by the Federal-State unemployment rate rose above the 6.0 Extended Unemployment Compensation notice. percent threshold necessary to be Act of 1970, as amended, and the DATES: triggered ‘‘on’’ to EB for the week Written comments must be operating instructions issued to the ending February 6, 1999. submitted to the office listed in the States by the U.S. Department of Labor. ADDRESSES section below on or before Information for Claimants In the case of a State ending an EB June 21, 1999. period, the State employment security The duration of benefits payable in The Bureau of Labor Statistics is the EB Program, and the terms and agency will furnish a written notice to each individual who is currently filing particularly interested in comments conditions on which they are payable, which: are governed by the Federal-State a claim for EB of the forthcoming end • Extended Unemployment Compensation of the EB period and its effect on the Evaluate whether the proposed Act of 1970, as amended, and the individual’s rights to EB (20 CFR collection of information is necessary operating instructions issued to the 615.13(c)(4)). for the proper performance of the States by the U.S. Department of Labor. Persons who believe they may be functions of the agency, including In the case of a State beginning an EB entitled to EB, or who wish to inquire whether the information will have period, the State employment security about their rights under the programs, practical utility; agency will furnish a written notice of should contact the nearest State • employment service office or Evaluate the accuracy of the potential entitlement to each individual agency’s estimate of the burden of the who has exhausted all rights to regular unemployment compensation claims proposed collection of information, benefits and is potentially eligible for office in their locality. including the validity of the EB (20 CFR 615.13(c)(1)). Signed at Washington, D.C., on April 12, methodology and assumptions used; Persons who believe they may be 1999. • entitled to EB, or who wish to inquire Raymond Bramucci, Enhance the quality, utility, and about their rights under the program, Assistant Secretary of Labor for Employment clarity of the information to be should contact the nearest State and Training. collected; and employment service office or [FR Doc. 99–9876 Filed 4–19–99; 8:45 am] • Minimize the burden of the unemployment compensation claims BILLING CODE 4510±30±M collection of information on those who office in their locality. are to respond, including through the Signed at Washington, D.C., on April 12, use of appropriate automated, 1999. DEPARTMENT OF LABOR electronic, mechanical, or other Raymond Bramucci, technological collection techniques or Bureau of Labor Statistics Assistant Secretary of Labor for Employment other forms of information technology, and Training. Proposed Collection; Comment e.g., permitting electronic submissions [FR Doc. 99–9875 Filed 4–19–99; 8:45 am] Request of responses. BILLING CODE 4510±30±M ACTION: Notice. ADDRESSES: Send comments to Karin G. Kurz, BLS Clearance Officer, Division of DEPARTMENT OF LABOR SUMMARY: The Department of Labor, as Management Systems, Bureau of Labor part of its continuing effort to reduce Statistics, Room 3255, 2 Massachusetts Employment and Training paperwork and respondent burden, Avenue, N.E., Washington, DC 20212. Administration conducts a pre-clearance consultation Ms. Kurz can be reached on 202–606– Notice of a Change in Status of an program to provide the general public 7628 (this is not a toll free number). and Federal agencies with an Extended Benefit (EB) Period for SUPPLEMENTARY INFORMATION: Puerto Rico opportunity to comment on proposed and/or continuing collections of I. Background This notice announces a change in information in accordance with the benefit period eligibility under the EB Paperwork Reduction Act of 1995 The Current Population Survey (CPS) Program for Puerto Rico. (PRA95) [44 U.S.C. 3506(c)(2)(A)]. This has been the principal source of the

VerDate 23-MAR-99 16:22 Apr 20, 1999 Jkt 183247 PO 00000 Frm 00055 Fmt 4703 Sfmt 4703 E:\FR\FM\20APN1.XXX pfrm07 PsN: 20APN1 19390 Federal Register / Vol. 64, No. 75 / Tuesday, April 20, 1999 / Notices official government statistics on Signed at Washington, DC, this 15th day of (Open)—The ACRS Chairman will make employment and unemployment for April 1999. opening remarks regarding the conduct over 50 years. Collection of labor force W. Stuart Rust, Jr., of the meeting. data through the CPS is necessary to Division of Management Systems, Bureau of 1:15 P.M.–1:45 P.M.: Electric Power meet requirements in Title 29, United Labor Statistics. Research Institute (EPRI) Application of States Code, Section 1 through 9. The [FR Doc. 99–9877 Filed 4–19–99; 8:45 am] Risk-Informed Methods to Inservice Veterans Supplement meets the BILLING CODE 4510±24±M Inspection of Piping (Open)—The demands of Public Law 100–323, Committee will hear presentations by Section 9 (38 U.S.C. 2010A), as and hold discussions with amended by Public Law 103–446, MERIT SYSTEMS PROTECTION representatives of EPRI and the NRC Section 701c, which mandates the BOARD staff on the proposed application of risk- Department of Labor to report on the informed methods to inservice labor force status of disabled veterans, Announcement of Headquarters inspection of piping. Veirnam-theater veterans, and recently Closing on April 23, 1999 1:45 P.M.–2:45 P.M.: Proposed Final discharged veterans. Revision to 10 CFR 50.59 (Changes, Test SUMMARY: In accordance with the Office and Experiments) (Open)—The The Veterans Supplement provides of Personnel Management’s recently Committee will hear presentations by information on the number and announced guidelines for minimizing and hold discussions with characteristics of disabled veterans, traffic in conjunction with the 50th representatives of the NRC staff veterans who served in the Vietnam war Anniversary NATO Summit to be held regarding the staff’s proposed final theater, and recently separated veterans, in Washington, D.C., on April 23–25, revision to 10 CFR 50.59. including their employment status. The 1999, the U.S. Merit Systems Protection 3:00 P.M.–4:30 P.M.: Safety supplement provides data on veterans’ Board (MSPB) office located at 1120 Evaluation for the Calvert Cliffs Nuclear participation in various employment Vermont Avenue, N.W., Washington, Power Plant (CCNPP) License Renewal training programs. D.C., will be closed on April 23, 1999. Application (Open)—The Committee These data will be used by the Documents that are due to be filed by will hear presentations by and hold Veterans Employment and Training April 23, 1999, with the Office of the discussions with representatives of the Service and the Department of Veterans Clerk or with the Office of the NRC staff and of the Calvert Cliffs Affairs to determine policies that better Administrative Law Judge will be licensee on the CCNPP license renewal meet the needs of our Nation’s veteran accepted as timely if they are received application. population. or postmarked by April 26, 1999. 4:30 P.M.–7:00 P.M.: Preparation of II. Current Actions Documents that are due to be filed with ACRS Reports (Open)—The Committee all other MSPB offices, including the will discuss proposed ACRS reports, There are no substantial new actions Washington Regional Office, must be including a proposed report on the EPRI in the September 1999 collection of the received or postmarked by April 23, Proposed Application of Risk-Informed Veterans Supplement. 1999. ISI of Piping, NRC Safety Research Type of Review: Reinstatement, with CONTACT PERSON FOR ADDITIONAL Program, proposed final revisions to 10 change, of a previously approved INFORMATION: Shannon McCarthy or CFR 50.59, and Impact of high burnup collection for which approval has Matthew Shannon, Office of the Clerk of or mixed oxide fuel on the revised expired. the Board, (202) 653–7200. source term. Agency: Bureau of Labor Statistics. Dated: April 15, 1999. Thursday, May 6, 1999 Title: September 1999 CPS Veterans Robert E. Taylor, 8:30 A.M.–8:35 A.M.: Opening Supplement. Clerk of the Board. Remarks by the ACRS Chairman OMB Number: 1220–0102. [FR Doc. 99–9851 Filed 4–19–99; 8:45 am] (Open)—The ACRS Chairman will make opening remarks regarding the conduct Affected Public: Individuals or BILLING CODE 7400±01±M of the meeting. households. 8:35 A.M.–9:15 A.M.: Proposed Total Respondents: 12,000. Resolution of Generic Safety Issue (GSI) NUCLEAR REGULATORY 158, ‘‘Performance of Safety Related Frequency: Biennially. COMMISSION Total Responses: 12,000. Power-Operated Valves Under Design Bases Conditions’’ (Open)—The Average Time Per Response: 1 Advisory Committee on Reactor Safeguards; Meeting Notice Committee will hear presentations by minute. and hold discussions with Estimated Total Burden Hours: 200 In accordance with the purposes of representatives of the NRC staff hours. Sections 29 and 182b. of the Atomic regarding the proposed resolution of GSI Estimated Total Burden Hours: 200 Energy Act (42 U.S.C. 2039, 2232b), the 158. hours. Advisory Committee on Reactor 9:15 A.M.–10:00 A.M.: Proposed Total Burden Cost (Capital/startup): Safeguards will hold a meeting on May Resolution of Generic Safety Issues (GSI) $0. 5–8, 1999, in Conference Room T–2B3, 165, ‘‘Spring-Actuated Safety Relief 11545 Rockville Pike, Rockville, Valve Reliability’’ (Open)—The Total Burden Cost (operating/ Maryland. The date of this meeting was Committee will hear presentations by maintenance): $0. previously published in the Federal and hold discussions with Comments submitted in response to Register on Wednesday, November 18, representatives of the NRC staff this notice will be summarized and/or 1998 (63 FR 64105). regarding the proposed resolution of GSI included in the request for Office of 165. Management and Budget approval of the Wednesday, May 5, 1999 10:15 A.M.–11:45 A.M.: Fire information collection request; they also 1:00 P.M.–1:15 P.M.: Opening Protection Functional Inspection will become a matter of public record. Remarks by the ACRS Chairman Program (Open)—The Committee will

VerDate 23-MAR-99 16:22 Apr 20, 1999 Jkt 183247 PO 00000 Frm 00056 Fmt 4703 Sfmt 4703 E:\FR\FM\20APN1.XXX pfrm07 PsN: 20APN1 Federal Register / Vol. 64, No. 75 / Tuesday, April 20, 1999 / Notices 19391 hear presentations by and hold consideration by the full Committee Further information regarding topics discussions with representatives of the during future meetings. to be discussed, whether the meeting NRC staff regarding the staff work on the 11:00 A.M.–7:30 P.M.: Preparation of has been canceled or rescheduled, the fire protection functional inspection ACRS Reports (Open)—The Committee Chairman’s ruling on requests for the program. will continue its discussion of proposed opportunity to present oral statements 12:45 P.M.–2:15 P.M.: Westinghouse ACRS reports. and the time allotted therefor, can be Owners Group (WOG) Proposal for obtained by contacting Dr. Richard P. Modification of Core Damage Saturday, May 8, 1999 Savio, Associate Director for Technical Assessment Guidelines (CDAG) and 8:30 A.M.–2:00 P.M.: Preparation of Support (telephone 301/415–7363), Post-Accident Sampling System (PASS) ACRS Reports (Open)—The Committee between 7:30 a.m. and 4:15 p.m. EDT. Requirements (Open/Closed)—The will continue its discussion of proposed ACRS meeting agenda, meeting Committee will hear presentations by ACRS reports. transcripts, and letter reports are and hold discussions with 2:00 P.M.–2:30 P.M. : Miscellaneous available for downloading or viewing on representatives of the NRC staff and the (Open)—The Committee will discuss the internet at http://www.nrc.gov/ WOG to discuss the WOG proposal to matters related to the conduct of ACRSACNW. modify the CDAG and PASS Committee activities and matters and Videoteleconferencing service is requirements. specific issues that were not completed available for observing open sessions of Note: A portion of this session may be during previous meetings, as time and ACRS meetings. Those wishing to use closed to discuss Westinghouse Electric availability of information permit. this service for observing ACRS Company proprietary information. Procedures for the conduct of and meetings should contact Mr. Theron Brown, ACRS Audio Visual Technician 2:15 P.M.–6:30 P.M.: Preparation of participation in ACRS meetings were published in the Federal Register on (301–415–8066), between 7:30 a.m. and ACRS Reports (Open)—The Committee 3:45 p.m. EDT at least 10 days before the will discuss proposed ACRS reports. September 29, 1998 (63 FR 51968). In accordance with these procedures, oral meeting to ensure the availability of this Friday, May 7, 1999 or written views may be presented by service. Individuals or organizations 8:30 A.M.–8:35 A.M.: Opening members of the public, including requesting this service will be Remarks by the ACRS Chairman representatives of the nuclear industry. responsible for telephone line charges (Open)—The ACRS Chairman will make Electronic recordings will be permitted and for providing the equipment opening remarks regarding the conduct only during the open portions of the facilities that they use to establish the of the meeting. meeting and questions may be asked videoteleconferencing link. The 8:35 A.M.–9:30A.M.: Tutorial on only by members of the Committee, its availability of videoteleconferencing Instrument Setpoints (Open)—ACRS consultants, and staff. Persons desiring services is not guaranteed. member, Dr. D. Miller, will provide a to make oral statements should notify Date: April 15, 1999. tutorial for the Committee on the issues Dr. Richard P. Savio, Associate Director Andrew L. Bates, and concerns associated with for Technical Support, five days before Advisory Committee Management Officer. instrument setpoints for safety systems the meeting, if possible, so that [FR Doc. 99–9838 Filed 4–19–99; 8:45 am] appropriate arrangements can be made at nuclear power plants. BILLING CODE 7590±01±P 9:30 A.M.–9:45 A.M.: Reconciliation to allow necessary time during the of ACRS Comments and meeting for such statements. Use of still, motion picture, and television cameras Recommendations (Open)—The SECURITIES AND EXCHANGE during this meeting may be limited to Committee will discuss the responses COMMISSION from the NRC Executive Director for selected portions of the meeting as Operations (EDO) to comments and determined by the Chairman. Submission for OMB Review; recommendations included in recent Information regarding the time to be set Comment Request ACRS reports and letters. The EDO aside for this purpose may be obtained responses are expected to be provided to by contacting the Associate Director for Upon Written Request, Copies Available the ACRS prior to the meeting. Technical Support prior to the meeting. From: Securities and Exchange 9:45 A.M.–10:15 A.M.: Report of the In view of the possibility that the Commission, Office of Filings and Planning and Procedures Subcommittee schedule for ACRS meetings may be Information Services, Washington, DC (Open/Closed)—The Committee will adjusted by the Chairman as necessary 20549. hear a report of the Planning and to facilitate the conduct of the meeting, Extension: Procedures Subcommittee on matters persons planning to attend should check Rule 17a–3, SEC File No. 270–27, OMB related to the conduct of ACRS with the Associate Director for Control No. 3235–0035 business, and organizational and Technical Support if such rescheduling Rule 11Ab2–1 and Form SIP, SEC File No. personnel matters relating to the ACRS. would result in major inconvenience. 270–23, OMB Control No. 3235–0043 [Note: A portion of this session may be In accordance with Subsection 10(d) Notice is hereby given that, pursuant closed to discuss organizational and P.L. 92–463, I have determined that it is to the Paperwork Reduction Act of 1995 personnel matters that relate solely to necessary to close portions of this (44 U.S.C. 3501 et seq.), the Securities the internal personnel rules and meeting noted above to discuss matters and Exchange Commission practices of this Advisory Committee, that relate solely to the internal (Commission) has submitted to the and information the release of which personnel rules and practices of this Office of Management and Budget would constitute a clearly unwarranted Advisory Committee per 5 U.S.C. (OMB) a request for the extension of the invasion of personal privacy.] 552b(c)(2), to discuss Westinghouse previously approved collections of 10:30 A.M.–11:00 A.M.: Future ACRS proprietary information per 5 U.S.C. information on the following: Activities (Open)—The Committee will 552b(c)(4), and to discuss information Rule 17a–13(b) generally requires that discuss the recommendations of the the release of which would constitute a at least once each calendar quarter, all Planning and Procedures Subcommittee clearly unwarranted invasion of registered brokers and dealers regarding items proposed for personal privacy per 5 U.S.C. 552b(c)(6). physically examine and count all

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Currently, there the broker-dealer’s securities count and broker-dealer has security discrepancies are only two exclusive SIPs registered the firm’s records must be noted and, that must be recorded in its records, with the Commission; The Securities within seven days, the unaccounted for such records must be preserved for a Information Automation Corporation difference must be recorded in the period of no less than three years (SIAC) and The Nasdaq Stock Market, firm’s records. Rule 17a–13(c) provides pursuant to Rule 17a–4(b)(1). Rule 17a– Inc. (Nasdaq). SIAC and Nasdaq are that under specified conditions, the 13 does not assure confidentiality for required to keep the information on file securities count, examination and security discrepancy records and reports with the Commission current, which verification of the broker-dealer’s entire on Form X–17a–5.1 entails filing a form SIP annually to list of securities may be conducted on Rule 11Ab2–1 and Form SIP establish update information. Accordingly, the a cyclical basis rather than on a certain the procedures by which a Securities annual reporting and recordkeeping date. Although Rule 17a–13 does not Information Processor (SIP) files and burden for Rule 11Ab2–1 and Form SIP require filing a report with the amends its SIP registration form. The is 400 hours. This annual reporting and Commission, the discrepancies must be information filed with the Commission recordkeeping burden does not include reported on Form X–17a–5 as required pursuant to Rule 11Ab2–1 and Form SIP the burden hours or cost of amending a by Rule 17a–5. Rule 17a–13 exempts is designed to provide the Commission Form SIP because the Commission has broker-dealers that limit their business with the information necessary to make already overstated the compliance to the sale and redemption of securities the required findings under the burdens by assuming that the of registered investment companies and Securities Exchange Act of 1934 (Act) Commission will receive one initial before granting the SIP’s application for interests or participation in an registration pursuant to Rule 11Ab2–1 registration. In addition, the insurance company separate account on Form SIP a year. requirement that a SIP file an and those who solicit accounts for Rule 11Ab2–1 and Form SIP do not amendment to correct any inaccurate federally insured savings and loan impose a retention period for any information is designed to assure that associations, provided that such persons recordkeeping requirements. the Commission has current, accurate promptly transmit all funds and Completing and filing Form SIP is information with respect to the SIP. securities and hold no customer funds mandatory before an entity may become This information is also made available and securities. an exclusive SIP. Except in cases where to members of the public. confidential treatment is requested by The information obtained from Rule Only exclusive SIP’s are required to an applicant and granted by the 17a–13 is used as an inventory control register with the Commission. An Commission pursuant to the Freedom of device to monitor a broker-dealer’s exclusive SIP is a SIP that engages on an Information Act and the rules of the ability to account for all securities held, exclusive basis on behalf of any national Commission thereunder, information in transfer, in transit, pledged, loaned, securities exchange or registered provided in the Form SIP will be borrowed, deposited or otherwise securities association, or any national routinely available for public subject to the firm’s control or direction. securities exchange or registered inspection. Discrepancies between the securities securities association which engages on Please note that an agency may not counts and the broker-dealer’s records an exclusive basis on its own behalf, in conduct or sponsor, and a person is not alert the Commission and the Self collecting, processing, or preparing for required to respond to, a collection of Regulatory Organizations (SROs) to distribution or publication, any information unless it displays a those firms having problems in their information with respect to (i) currently valid control number. back offices. transactions or quotations on or effected Written Comments regarding the Because of the many variations in the or made by means of any facility of such exchange or (ii) quotations distributed above information should be directed to amount of securities that broker-dealers or published by means of any electronic the following persons: (i) Desk Officer are accountable for, it is difficult to quotation system operated by such for the Securities And Exchange develop a meaningful figure for the cost association. The federal securities laws Commission, Office of Information and of compliance with Rule 17a–13. require that before the Commission may Regulatory Affairs, Office of Approximately 92% of all registered approve the registration of an exclusive Management and Budget, Room 10202, broker-dealers are subject to Rule 17a– SIP, it must make certain mandatory New Executive Office Building, 13. Accordingly, approximately 7,156 findings. It takes a SIP applicant Washington, DC 20503; and (ii) Michael broker-dealers have obligations under E. Bartell, Associate Executive Director, the Rule, and the average time it would 1 The records required by Rule 17a–13 are Office of Information Technology, take each broker-dealer to comply with available only to the examination of the Securities and Exchange Commission, the Rule is 100 hours per year, for a total Commission staff, state securities authorities and 450 Fifth Street, NW, Washington, DC estimated annualized burden of 715,600 the SROs. Subject to the provisions of the Freedom of Information Act, 5 U.S.C. 522, and the 20549. Comments must be submitted to hours. It should be noted that a Commission’s rules thereunder (17 CFR OMB within 30 days of this notice. significant number of firms subject to 200.80(b)(4)(iii)), the Commission does not Dated: April 12, 1999. Rule 17a–13 have minimal obligations generally publish or make available information under the Rule because they do not hold contained in any reports, summaries, analyses, Jonathan G. Katz, letters, or memoranda arising out of, in anticipation Secretary. securities. It should further be noted of, or in connection with an examination or that most broker-dealers would engage inspection of the books and records of any person [FR Doc. 99–9817 Filed 4–19–99; 8:45 am] in the activities required by Rule 17a– or any other investigation. BILLING CODE 8010±01±M

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SECURITIES AND EXCHANGE adjustments to the index and the index modified capitalization weighted COMMISSION shall be calculated by a third party who indexes is calculated in a similar is not a broker-dealer. (iv) The current manner. However, instead of using the [Release No. 34±41276; File No SR±Amex± index value will be disseminated every number of shares outstanding, the 99±09] 15 seconds over the Consolidated Tape methodology uses an adjusted number Self-Regulatory Organizations; Notice Association’s Network B. of shares outstanding in the of Filing of Proposed Rule Change by (c) No change. multiplication (adding the products and the American Stock Exchange LLC (d) No change. then dividing by the current index Relating to an Amendment to Amex * * * * * divisor). The modified capitalization weighting methodology uses an adjusted Rule 901C II. Self-Regulatory Organization’s number of shares outstanding to prevent Statement of the Purpose of, and April 12, 1999. components with relatively large market Statutory Basis For, the Proposed Rule Pursuant to section 19(b)(1) of the capitalizations from representing an Change Securities Exchange Act of 1934 excessive portion of an index’s value. (‘‘Act’’),1 and Rule 19b–4 thereunder,2 In its filing with the Commission, the For example, inclusion of a large notice is hereby given that on March 1, Exchange included statements capitalization company in an index 1999, the American Stock Exchange LLC concerning the purpose of and basis for along with a number of smaller (‘‘Amex’’ or ‘‘Exchange’’) filed with the the proposed rule change and discussed capitalization companies can result in Securities and Exchange Commission any comments it received on the the larger capitalization company’s (‘‘Commission’’) the proposed rule proposed rule change. The text of these representation in the index exceeding change as described in Items, I, II, and statements may be examined at the 25% of the index’s value, which violates III below, which Items have been places specified in Item IV below. The the requirements of Amex Rule 901C, prepared by the Exchange. The Exchange has prepared summaries, set Commentary .02(a)(7). However, use of Commission is publishing this notice to forth in sections A, B, and C below, of the modified capitalization index solicit comments on the proposed rule the most significant aspects of such calculation methodology would permit change from interested persons. statements. a reduction in the large capitalization company’s representation in the index I. Self-Regulatory Organization’s A. Self-Regulatory Organization’s Statement of the Purpose of, and to an amount less than 25% of the Statement of the Terms of Substance of index’s value, thereby permitting the the Proposed Rule Change Statutory Basis for, the Proposed Rule Change index to satisfy the requirements of The Exchange proposes to amend Commentary .02(a)(7). The Exchange Amex Rule 901C to add modified equal- 1. Purpose represents that, as a part of their due dollar weighting and modified The Exchange proposes to amend diligence, the component weighting will capitalization weighting as acceptable Commentary .02 to Amex Rule 901C to be reviewed quarterly, and if necessary, weighting calculation methodologies for include modified capitalization and adjusted to ensure the index continues the construction of narrow-based index modified equal-dollar weighting in the to meet the weighting guidelines. options.3 [Bracketing] indicates text to group of index calculation Adjustments will be made on an intra- be deleted, and italics indicates text to methodologies used for calculating quarterly basis to reflect corporate be added. The text of the proposed rule stock industry index groups.4 actions, share issuances and change is as follows: Commentary .02 to Amex Rule 901C repurchases, etc. Use of the equal-dollar weighting * * * * * permits the Exchange to list options on stock industry index groups if the index calculation methodology to determine Designation of Stock Index Options meets certain criteria. Presently, the an index value initially is accomplished by establishing an initial dollar Rule 901C. (a)–(c) No Change. criteria require the index to be calculated using either the representation (for example $100,000), Commentary capitalization, price, or equal-dollar determining the number of shares of .01 No change. weighting methodologies. The Exchange each component representing this .02 No change. proposes to include modified amount and then multiplying the (a) No change. capitalization and modified equal-dollar primary exchange regular way last sale (b) Index Calculation—(i) The index weighting calculation methodologies in price of each component security by its will be calculated based on either the Commentary .02 to Amex Rule 901C to predetermined fixed number of shares. capitalization, [weighting,] modified (i) better meet the needs of index option The equal-dollar weighted methodology capitalization, price, [weighting or] users; (ii) increase flexibility in index results in equal representation of each component in the index. The modified equal-dollar, [weighting] or modified construction; and (iii) more accurately equal-dollar weighting methodology can equal-dollar weighting methodology. (ii) reflect the industry represented by the be used to distinguish between larger Indexes based upon the equal-dollar or index. and smaller capitalized companies, modified equal-dollar weighting method Use of the capitalization weighting permitting larger capitalized companies will be rebalanced at least quarterly. (iii) calculation methodology to determine to represent a larger portion of an If the index is maintained by a broker- an index value is accomplished by index’s value. This methodology can dealer, the broker-dealer shall erect a multiplying the primary exchange enhance an index’s use as an accurate ‘‘[chinese] firewall’’ around the regular way last sale price of each measure for a particular industry sector personnel who have access to component security by its number of and thus its utility to market information concerning changes and shares outstanding, adding the products, and dividing by the current index participants. In effect, the modified equal-dollar 1 divisor. Determining an index value for 15 U.S.C. 78s(b)(1). weighting methodology is the mirror 2 17 CFR 240.19b–4. 3 The Exchange refers to narrow-based index 4 A stock index industry group is defined in the image of the modified capitalization options as ‘‘stock industry index options.’’ See Amex Rule as a group of stocks representing a weighting methodology. While the Amex Rule 900C(b)(1). particular industry or related industries. Id. modified capitalization weighting

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Determining an initial index value Eurotop 100 Index are currently equitable principles of trade, to foster for modified equal-dollar weighted calculated using modified capitalization cooperation and coordination with indexes uses two or more fixed dollar weighting methodologies, and have persons engaged in facilitating values for different groups of the index been approved as indexes that may transactions in securities, and to remove components instead of using the same underlie index options. Additionally, impediments to, and perfect the fixed dollar value for each component. the Amex Mexico Index and the Amex mechanisms of, a free and open market In this way, the modified equal-dollar Networking Index currently use and a national market system. weighted method allows for similar modified equal-dollar weighting index calculation methodologies, and have B. Self-Regulatory Organization’s component stocks to be weighted been approved as indexes that may Statement on Burden on Competition similarly, while differentiating among underlie index options. dissimilar groups (e.g., high The Exchange does not believe that Increasingly, the Exchange receives the proposed rule change will impose capitalization stocks versus lower requests to construct new stock industry any burden on competition. capitalization stocks). For example, indexes using the modified given a ten stock index, five capitalization or modified equal-dollar C. Self-Regulatory Organization’s components with capitalizations of weighting methodologies, in many cases Statement on Comments on the approximately $1 billion (or $5 billion to enable the proposed indexes to meet Proposed Rule Change Received From in aggregate) and five with the generic criteria for narrow-based Members, Participants or Others capitalizations of approximately $500 indexes, or to provide for the timely No written comments were solicited million (or $2.5 billion in aggregate), trading of options on the newly or received with respect to the proposed rather than each component accounting proposed indexes. As a result, the rule change. for 10% of the index (as would be the Exchange proposes to add the modified case in a pure equal-dollar weighted capitalization and modified equal-dollar III. Date of Effectiveness of the index), the modified equal-dollar weighted calculation methodologies to Proposed Rule Change and Timing for weighting methodology would permit the existing narrow-based criteria set Commission Action the larger capitalization components to forth in Amex Rule 901C that are Within 35 days of the date of account for twice the amount of the currently subject to filing pursuant to publication of this notice in the Federal smaller capitalized companies. This Rule 19b–4(e) under the Act.5 In doing Register or within such longer period (i) permits a more accurate representation so, use of the modified capitalization as the Commission may designate up to of the actual market capitalization and modified equal-dollar weighted 90 days of such date if it finds such composition of the industry for which calculation methodologies will be longer period to be appropriate and the index is designed to measure. limited to those narrow-based indexes publishes its reasons for so finding or The number of shares of each meeting the generic index criteria set (ii) as to which the Exchange consents, component security in an index forth in Commentary .02 to Amex Rule the Commission will: calculated under the modified equal- 901C. In the event a proposed index (A) By order approve such proposed dollar weighting methodology will be does not meet the criteria set forth in rule change, or adjusted quarterly, so that the members Commentary .02, the Exchange will (B) Institute proceedings to determine whether the proposed rule change of each weighting group are again set to submit the terms of the proposed index should be disapproved. the appropriate index weight. The to the Commission for review pursuant 6 number of shares of each component to section 19(b)(2) of the Act. IV. Solicitation of Comments stock in the index portfolio will remain The Exchange represents that the terms of any modified capitalization or Interested persons are invited to fixed between quarterly reviews, except submit written data, views and in the event of certain types of corporate modified equal-dollar weighting calculation methodology will be clearly arguments concerning the foregoing, actions (such as the payment of a defined, and consist of objective including whether the proposed rule dividend other than an ordinary cash standards that will permit any newly change is consistent with the Act. dividend, stock distribution, developed narrow-based index initially Persons making written submissions reorganization, recapitalization, or to meet, and subsequently, to continue should file six copies thereof with the similar event with respect to the to be maintained, in accordance with Secretary, Securities and Exchange component stocks). In a merger or the generic criteria set forth in Commission, 450 Fifth Street, NW, consolidation of an issuer of a Commentary .02 to Amex Rule 901C. Washington, DC 20549–0609. Copies of component stock, if the stock remains in Further, the Exchange represents that the submission, all subsequent the index, the number of shares of that these terms will be discussed in amendments, all written statements security in the portfolio may be adjusted marketing materials describing the with respect to the proposed rule to the nearest whole share, to maintain index and in the Information Circulars change that are filed with the the component’s relative weight in the distributed to members upon the launch Commission, and all written index at the level immediately prior to of the new index options. communications relating to the the corporate action. In the event of a proposed rule change between the stock addition or replacement, the 2. Statutory Basis Commission and any person, other than average dollar value of the remaining The Amex believes that the proposed those that may be withheld from the components in the same weighting rule change is consistent with Section public in accordance with the group will be calculated, and that amount invested in the stock of the new 5 17 CFR 240.19b–4(e). 7 15 U.S.C. 78f(b). component to the nearest whole share. 6 15 U.S.C. 78s(b)(2). 8 15 U.S.C. 78f(b)(5).

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Self-Regulatory Organization’s SR-Amex-99–09 and should be side to match Index market maker rates; Statement of the Purpose of, and submitted by May 11, 1999. and (9) Member Firm Proprietary Fees Statutory Basis for, the Proposed Rule for SPX, DJX and all other Indexes are For the Commission by the Division of Change Market Regulation, pursuant to delegated increased from $.10 to $.15 per contract authority.9 In its filing with the Commission, the side to match Index market maker rates. Jonathan G. Katz, Exchange included statements Trade Match fees remain at $.05 per Secretary. concerning the purpose of and basis for contract side. Member Firm proprietary [FR Doc. 99–9814 Filed 4–19–99; 8:45 am] the proposed rule change and discussed rates remain unchanged when the firm any comments it received on the BILLING CODE 8010±01±M is facilitating its own customer order. proposed rule change. The text of these Index Customer Transaction Fees are statements may be examined at the unchanged. SECURITIES AND EXCHANGE places specified in Item IV below. The Previously, it has been CBOE’s policy COMMISSION Exchange has prepared summaries, set to assign the customer rate to option forth in Sections A, B, and C below, of orders from broker-dealers. Under the [Release No. 34±41270; File No. SR±CBOE± the most significant aspects of such revised fee schedule, broker-dealer 99±08] statements. marketable equity option orders of thirty Self-Regulatory Organizations; Notice A. Self-Regulatory Organization’s contracts or less that are routed through of Filing and Immediate Effectiveness Statement of the Purpose of, and ORS will not be assessed any of Proposed Rule Change and Statutory Basis for, the Proposed Rule transaction fee. However, non- Amendment No. 1 to the Proposed Change marketable broker-dealer equity option Rule Change by the Chicago Board orders for more than thirty contracts Options Exchange, Inc. Relating to The purpose of this proposed rule will be charged the new higher market Exchange Fees change is to make certain fee changes maker/firm rate of $.19 instead of the and to amend the Exchange’s new lower customer rate of $.09. April 9, 1999. Prospective Fee Reduction Program and The Exchange’s Prospective Fee Pursuant to section 19(b)(1) of the Customer ‘‘Large’’ Trade Discount Reduction Program for Trade Match Securities Exchange Act of 1934 1 Program. The foregoing fee changes are Fees and Member Dues currently (‘‘Act’’), and Rule 19b–4 thereunder,2 being implemented by the Exchange provides that if at the end of any quarter notice is hereby given that on February pursuant to CBOE Rule 2.22 and took of the Exchange’s fiscal year, the 25, 1999, the Chicago Board Options effect on March 1, 1999. Exchange’s average contract volume per Exchange, Inc. (‘‘CBOE’’ or ‘‘Exchange’’) The Exchange is amending the day on a fiscal year-to-date basis filed with the Securities and Exchange following fees: (1) Equity Customer exceeds one of certain predetermined Commission (‘‘Commission’’) the Transaction Fees are reduced from $.15/ volume thresholds, the Exchange’s proposed rule change as described in .30 to a flat $.09 per contract side,5 Trade Match Fees and Member Dues Items I, II, and III below, which Items Trade Match and Floor Brokerage Fees will be reduced in the following fiscal have been prepared by the Exchange. will remain at $.05 and $.03, quarter in accordance with a fee On March 26, 1999, the Exchange filed respectively; (2) Marketable Equity reduction schedule. Effective March 1, Amendment No. 1 to the proposed rule Customer orders of thirty contracts or 1999 the Program proposed to be is change.3 The Commission is publishing less will not be billed the reduced suspended for the remainder of Fiscal this notice to solicit comments on the customer transaction fee noted above if Year 1999 (‘‘FY99’’).6 proposed rule change from interested those orders reach CBOE’s trading posts The Exchange’s Customer ‘‘Large’’ persons. through the automated Order Routing Trade Discount Program currently System (‘‘ORS’’); (3) Equity Order Book I. Self-Regulatory Organization’s provides for discounts on the Official (‘‘OBO’’) Execution Fees are transaction fees that CBOE customers Statement of the Terms of Substance of reduced from $.45 per contract with free the Proposed Rule Change are assessed with respect to public execution at the opening, to $.20 for all customer orders for 500 or more The Exchange is proposing to amend contracts, regardless of when they are contracts. Specifically, for any month 4 certain fees, and to amend its executed; (4) Equity Market Maker Fees during which the Exchange’s average are increased to $.19 per contract side contract volume per day exceeds one of 9 17 CFR 200.30–3(a)(12). from $.05 per contract side; (5) OEX certain predetermined volume 1 15 U.S.C. 78s(b)(1). Market Maker Fees are increased to $.15 2 thresholds, the transaction fees that are 17 CFR 240.19b–4. per contract side from $.05 per contract 3 Letter from Debora E. Barnes, Senior Attorney, assessed by the Exchange in that month CBOE, to David Sieradzki, Special Counsel, side; (6) SPX Market Maker Fees are with respect to public customer orders Division of Market Regulation (‘‘Division’’), for 500 or more contracts are subject to Commission, dated March 25, 1999 (‘‘Amendment exclusively to member fees, this proposed rule No. 1’’). Amendment No. 1 is a technical change is properly filed under section a discount in accordance with a amendment to add the Exchange’s statement on 19(b)(3)(A)(ii) of the Act. 15 U.S.C. 78s(b)(3)(A)(ii). discount schedule. The Program is burden on competition, which was inadvertently Telephone conversation between Timothy proposed to be suspended for equity omitted. Thompson, Director, Regulatory Affairs, CBOE, and option orders only for the remainder of 4 The Exchange represents that, although some of Joseph P. Morra, Attorney, Division, Commission, FY99, effective March 1, 1999. the fees in this filing are referred to as customer on March 3, 1999. fees, they are charged to members. As a result, the 5 A rate differential will no longer exist based on Commission notes that, as this filing relates the dollar amount of the premium paid. 6 CBOE’s FY99 terminates on June 30, 1999.

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The proposed amendments are the statements with respect to the proposed Quotes, in any FLEX equity option result of a recommendation made by the rule change that are filed with the series in which there is no open interest Exchange’s Financial Planning Commission, and all written at the time the Request for Quotes is Committee to the Board of Directors. communications relating to the submitted. Currently, under Exchange The amendments are structured to fairly proposed rule change between the Rule 1079 the minimum value size for allocate the costs of operating the Commission and any person other than these opening transactions is 250 Exchange in light of competitive those that may be withheld from the contracts. The Exchange is proposing to concerns. public in accordance with the change the minimum value size for The proposed rule change is provisions of 5 U.S.C. 552, will be these transactions to the lesser of 250 consistent with section 6(b) of the Act,7 available for inspection an copying in contracts or the number of contracts in general, and furthers the objectives of the Commission’s Public Reference overlying $1 million of the underlying section 6(b)(4) of the Act 8 in particular, Room. Copies of such filing will also be securities. in that it is designed to provide for the available for inspection and copying at The Exchange is proposing this equitable allocation of reasonable dues, the principal office of the CBOE. All change because it believes the current fees, and other charges among CBOE submissions should refer to file number rule is unduly restrictive. The rule was members. SR–CBOE–99–08, and should be originally put in place to limit participation in FLEX equity options to B. Self-Regulatory Organization’s submitted by May 11, 1999. sophisticated, high net worth Statement on Burden on Competition For the Commission, by the Division of individuals.4 The Exchange believes, CBOE does not believe that the Market Regulation, pursuant to delegated authority.12 however, that limiting participation in proposed rule change will impose any Jonathan G. Katz, FLEX equity options based solely on the burden on competition. number of contracts purchased may Secretary. C. Self-Regulatory Organization’s diminish liquidity and trading interest [FR Doc. 99–9816 Filed 4–19–99; 8:45 am] in FLEX equity options on higher priced Statement on Comments on the BILLING CODE 8010±01±M Proposed Rule Change Received From equities. The Exchange believes the Members, Participants, or Others value of the securities underlying the FLEX equity options is an equally valid SECURITIES AND EXCHANGE No written comments were solicited restraint as the number of contracts and, COMMISSION or received with respect to the proposed if set at the appropriate limit, can also rule change. [Release No. 34±41277; File No. SR±Phlx± prevent the participation of investors III. Date of Effectiveness of the 99±02] who do not have adequate resources. In Proposed Rule Change and Timing for fact, the limitation on the minimum Self-Regulatory Organizations; Order Commission Action value size for opening transactions in Approving Proposed Rule Change by Because the foregoing rule change FLEX market index options and FLEX the Philadelphia Stock Exchange, Inc. industry index options is tied to the establishes or changes a due, fee, or to Change the Required Minimum other charge imposed by the Exchange, same type of standard—the underlying Value Size for an Opening Transaction equivalent value.5 The Exchange it has become effective 9 pursuant to in FLEX Equity Options section 19(b)(3)(A) of the Act 10 and believes the number of contracts subparagraph(f) of Rule 19b–4 April 13, 1999. overlying $1 million in underlying 11 securities is adequate to provide the thereunder. At any time within 60 I. Introduction days of the filing of the proposed rule requisite amount of investor protection. change, the Commission may summarily On January 19, 1999, the Philadelphia An opening transaction in a FLEX abrogate such rule change if it appears Stock Exchange, Inc. (‘‘Phlx’’ or equity option series on a stock priced at to the Commission that such action is ‘‘Exchange’’) submitted to the Securities $40.01 or more would reach this $1 necessary or appropriate in the public and Exchange Commission million limit before it would reach the interest, for the protection of investors, (‘‘Commission’’), pursuant to section contract size limit, i.e., 250 contracts or otherwise in furtherance of the 19(b)(1) of the Securities Exchange Act times the multiplier (100) times the 1 purposes of the Act. of 1934 (‘‘Act’’), and Rule 19b–4 stock price ($40.01) totals $1,000,250 in thereunder,2 a proposed rule change to underlying value. IV. Solicitation of Comments reduce the required minimum value size Currently, an investor can purchase Interested persons are invited to for an opening transaction in FLEX 250 contracts in a FLEX equity series on submit written data, views, and Equity Options. The Federal Register lower priced stocks, meeting the arguments concerning the foregoing, published the proposed rule change for minimum requirement without reaching including whether the proposal is comment on March 11, 1999.3 The an underlying equivalent value of $1 consistent with the Act. Persons making Commission received no comments on million. For example, a purchase of written submissions should file six the proposal. This order approves the FLEX equity options overlying a $10 copies thereof with the Secretary, proposal. stock is permitted although the underlying value for the options would Securities and Exchange Commission, II. Description of Proposal 450 Fifth Street, NW., Washington, DC be $250,000, i.e., 250 contracts times the 20549–0609. Copies of the submission, The Exchange is proposing to change multiplier (100) times the stock price all subsequent amendments, all written the minimum value size for opening ($10). Conversely, under the proposed transactions, other than FLEX Quotes amendment, a participant could open a 7 15 U.S.C. 78f(b). responsive to a FLEX Request for new FLEX equity option series 8 15 U.S.C. 78f(b)(4). overlying a $110 stock with a trade of 9 In reviewing this proposal, the Commission has 12 17 CFR 200.30–3(a)(12). considered its impact on efficiency, competition, 1 15 U.S.C. 78s(b)(1). 4 Exchange Act Release No. 37691 (September 17, and capital formation. 15 U.S.C. 78c(f). 2 17 CFR 240.19b–4. 1996), 61 FR 50060 (September, 24, 1996) (adopting 10 15 U.S.C. 78s(b)(3)(A). 3 Exchange Act Release No. 41136 (March 3, SR–Phlx–96–38). 11 17 CFR 240.19b–4(f). 1999), 64 FR 12203 (March 11, 1999). 5 See Exchange Rule 1079(a)(8)(A)(i).

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91 contracts or more since the Administration. Notice is given that Section TAE.10 The Office of underlying equivalent value would be chapter TA for the Office of the Deputy Disability—(Organization) $1,001,000. Commissioner, Disability and Income Abolish: III. Discussion Security Programs (ODCDISP) is being I. The Division of Employment and amended to reflect the establishment of Rehabilitation Programs (TAEJ). The Commission finds that the the Office of Employment Support proposed rule change is consistent with Programs (TAT). Further notice is given Section TAE.20 The Office of 6 the objectives of section 6(b) of the Act. that Subchapter TAE, the Office of Disability—(Functions) In particular, the Commission finds that Disability is being amended to delete Abolish in its entirety: the proposed rule change furthers the functions being transferred to OESP and objectives of section 6(b)(5) 7 which I. The Division of Employment and to abolish the related Division of requires an exchange’s rules to be Rehabilitation Programs (TAEJ). Employment and Rehabilitation designed to promote just and equitable Programs (TAEJ). Notice is also being Section TAP.10 The Office of Program principles of trade, prevent fraudulent Benefits—(Organization) and manipulative acts and practices, given that Subchapter TAP, the Office of Retitle: foster cooperation and coordination Program Benefits, is being amended to E. The Division of Eligibility and with persons engaged in regulating, reflect a title change and changes in Enumeration (TAPJ) to the Division of clearing, settling, processing responsibilities. The changes are as Eligibility and Enumeration Policy information with respect to, and follows: (TAPJ). facilitating transactions in securities, to Section TA.10 The Office of the remove impediments to and perfect the Deputy Commissioner, Disability and Section TAP.20 The Office of Program mechanism of a free and open market Income Security Programs— Benefits—(Functions) and a national market system, and to (Organization) Retitle: protect investors and the public E. The Division of Eligibility and 8 interest. Specifically, the Commission Establish: Enumeration (TAPJ) to the Division of believes that the proposed rule change I. The Office of Employment Support Eligibility and Enumeration Policy will increase liquidity and trading Programs (TAT). (TAPJ). interest in FLEX equity options on Amend as follows: Section TA.20 The Office of the higher priced securities. The 2. Develops and issues guidelines, Deputy Commissioner, Disability and Commission also believes that limiting directives, instructions, and operating the minimum value size for opening Income Security Programs—(Functions) procedures for such eligibility and transactions in FLEX equity options to Establish: enumeration subject areas as the lesser of 250 contracts or $1 million applications, alien issues, evidence, of underlying equivalent value is an I. The Office of Employment Support relationships, insured status, income appropriate level to prevent investors Programs (TAT) plans, develops, and resources, living arrangements, in- who do not have adequate resources evaluates, issues and administers kind support and maintenance, from trading such options. operational policies that implement applications for Social Security IV. Conclusion provisions in the Social Security Act numbers, and interprogram and related statutes promoting or relationships with food stamps. It is therefore ordered, pursuant to otherwise facilitating the employment of 9 F. The Division of Representative section 19(b)(2) of the Act, that the Disability Insurance and Supplemental proposed rule change (SR–PHLX–99– Payment and Evaluation (TAPK). Security Income Program beneficiaries Amend as follows: 02) is approved. with disabilities. Plans and directs a For the Commission, by the Division of 2. Develops and issues guidelines, Market Regulation, pursuant to delegated program to assess and evaluate directives, instructions and operating authority.10 beneficiary needs in the areas of procedures for such representative Jonathan G. Katz, rehabilitation and employment support. payment subject areas as (in) capability Secretary. Provides operational advice, technical assessment, investigation and selection [FR Doc. 99–9815 Filed 4–19–99; 8:45 am] support and direction to central office, of payees, use and conservation of regional office and field components in BILLING CODE 8010±01±M benefits, misuse of benefits, payment for the administration of employment payee services and payee oversight, and support programs. Evaluates the effects for interprogram relationships with of proposed legislation, policy and SOCIAL SECURITY ADMINISTRATION Medicaid and Medicare. regulatory changes to determine the Add Subchapter: Statement of Organization, Functions, operational impact on employment Subchapter TAT and Delegations of Authority support programs. Provides assistance Office of Employment Support Programs in educating the public about disability TAT.00 Mission This statement amends part T of the program work incentives, rehabilitation TAT.10 Organization Statement of the Organization, and other forms of employment support. TAT.20 Functions Functions and Delegations of Authority Establishes and maintains relationships which covers the Social Security with parties interested in the Section TAT.00 The Office of employment of persons with Employment Support Programs— 6 15 U.S.C. 78f(b). disabilities. Engages in broad-based (Mission) 7 15 U.S.C. 78f(b)(5). efforts in partnership with other public 8 In approving this rule, the Commission has The Office of Employment Support considered the proposed rule’s impact on and private entities to remove Programs (OESP) plans, develops, efficiency, competition, and capital formation. 15 employment obstacles encountered by evaluates, issues and administers U.S.C. 78c(f). disability beneficiaries. Promotes operational policies that implement 9 15 U.S.C. 78s(b)(2). process innovation and cooperation provisions in the Social Security Act 1017 CFR 200.30–3(a)(12). among its partners and stakeholders. and related statutes promoting or

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Plans and directs a Associate Commissioner for [FR Doc. 99–9767 Filed 4–19–99; 8:45 am] program to assess and evaluate Employment Security Programs (TATA) BILLING CODE 4190±29±P beneficiary needs in the areas of provides the Associate Commissioner rehabilitation and employment support. and Deputy Associate Commissioner Provides operational advice, technical with staff assistance on the full range of DEPARTMENT OF STATE support and direction to central office, their responsibilities and helps regional office and field components in [Public Notice 3030] coordinate the activities of the OESP the administration of employment components. This includes coordinating support programs. Evaluates the effects Bureau of European Affairs; U.S. activities involving relations with of proposed legislation, policy and Bilateral Assistance to Bosnia and customers, stakeholders and other regulatory changes to determine the Serbia parties. operational impact on employment The Acting Secretary of State issued support programs. Provides assistance D. The Division of Employment on April 12, 1999, a waiver under in educating the public about disability Policy (TATB). Section 570 of the Foreign Operations, program work incentives, rehabilitation, 1. Develops, evaluates, implements Export Financing and Related Programs other forms of employment support and and maintains program policy on DI and Appropriations Act, 1999, authorizing a proposed program changes. Establishes SSI work incentives, and related areas, U.S. vote in favor of a World Bank credit and maintains relationships with parties including areas of intercomponent to Bosnia, including the Republika interested in the employment of persons concern such as substantial gainful Srpska (RS). Presented hereunder are with disabilities. Engages in broad- activity. Drafts regulations and prepares the Determination and accompanying based efforts in partnership with other operating policies and related Memorandum of Justification. public and private entities to remove instructional materials. FOR FURTHER INFORMATION CONTACT: employment obstacles encountered by 2. Develops, in conjunction with the Office of the SEED Coordinator, Larry C. disability program beneficiaries. Napper, Department of State, 2101 C St Promotes process innovation and Office of the Deputy Commissioner for Communications, informational NW, Washington, DC 20521 (202–647– cooperation among its partners and 0853). stakeholders. materials to increase public understanding and use of work Determination on U.S. Position on Section TAT.10 The Office of incentives and to support the Proposed World Bank Program for Employment Support Programs— employment efforts of Social Security Bosnia and Herzegovina (Organization) beneficiaries with disabilities. Pursuant to the authority vested in me The Office of Employment Support 3. Develops proposals and plans for by section 570 of the Foreign Programs (TAT) under the leadership of new work incentives and other policy Operations, Export Financing, and the Associate Commissioner for changes. Related Programs Appropriations Act, Employment Support Programs, 4. Develops specifications for and 1999, as enacted in P.L. 105–277 includes: (‘‘FOAA’’), I hereby waive the A. The Associate Commissioner for administers grants, cooperative agreements and Federal interagency application of Section 570 of the FOAA Employment Support Programs (TAT). with regard to the U.S. position on the agreements in support of program B. The Deputy Associate proposed program of the World Bank to activities. Commissioner for Employment Support establish a Local Development Fund Programs (TAT). E. The Division of Employment (LDF) in Bosnia and Herzegovina. C. The Immediate Office of the Support and Program Acquisitions The U.S. representative may vote in Associate Commissioner for (TATC). favor of the proposed LDF program. Employment Support Programs (TATA). I hereby determine that this program D. The Division of Employment 1. Implements the provisions of the Social Security Act which call for would directly support the Policy (TATB). implementation of the Dayton E. The Division of Employment referral of disability beneficiaries for rehabilitation and other forms of Agreement and its Annexes. Support and Program Acquisitions This Determination shall be published employment support services. Evaluates (TATC). in the Federal Register. the performance of service providers in Section TAT.20 The Office of the public and private sectors. Certifies Dated: April 12, 1999. Employment Support Programs— payment to service providers and Strobe Talbot, (Functions) ensures that beneficiary participation in Acting Secretary of State. A. The Associate Commissioner for the program is appropriate. Employment Support Programs (TAT) is Memorandum of Justification Under 2. Develops, implements, evaluates directly responsible to the Deputy Section 570 of the Foreign Operations, and maintains regulations, program Commissioner, Disability and Income Export Financing, and Related operating policies, and instructional and Security Programs for carrying out Programs Appropriations Act, 1999, to other materials on employment services OESP’s mission, and provides general Approve Local Development Fund supervision to the major components of and service provider operations. Program in the Republika Srpska OESP. Interfaces with the vocational Beginning with the formation in B. The Deputy Associate rehabilitation programs administered January 1998 of the Milorad Dodik Commissioner for Employment Security under the Rehabilitation Act. government, the international Programs (TAT) assists the Associate 3. Develops proposals and plans for community has continued efforts to Commissioner in carrying out his/her new employment support services and strengthen moderate forces in the responsibilities, and performs other other related program changes. Republika Srpska (RS). The effort to

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To date, there have been ten Members of the public may attend public feeling against the international forcible detentions and six voluntary this meeting up to the seating capacity community. surrenders in the RS. Of these, there of the room. Information requests and The United States has made clear were seven forcible detentions by SFOR comments may be submitted repeatedly at RS and municipality levels and five voluntary surrenders during electronically to [email protected]. that all assistance is contingent on 1998. Since April of 1997, the number For further information pertaining to continued progress in implementing the of war criminals brought before the this meeting, contact Lieutenant Junior Dayton accords and announced its Tribunal has increased from 7 to 35, due Grade Christopher Boes, U.S. Coast readiness to terminate any projects if the in large measure to the persistent Guard Headquarters (G–MSO–4), 2100 situation warrants. The U.S. has also pressure applied by the U.S. Second Street, SW, Washington, DC encouraged other donors to deliver the Government. 20593–0001; Telephone: (202) 267– same message. Progress toward full The fact that the detentions occurred 0713. implementation of the Dayton accords without major incident, and that there is includes progress on arresting indicted a relatively high proportion of voluntary Dated: April 14, 1999. war criminals, formation of a broad- surrenders, reflects directly on the Stephen M. Miller, based moderate government in the RS, climate created by the cooperative Executive Secretary, Shipping Coordinating and other key Dayton goals. relationship with the international Committee. Section 570 of the Foreign Operations, community of the Dodik government. [FR Doc. 99–9893 Filed 4–19–99; 8:45 am] Export Financing, and Related Programs We believe that by strengthening BILLING CODE 4710±07±P Appropriations Act, 1999, imposes moderate and democratic forces in the restrictions on assistance to states or Republika Srpska, we have strengthened entities that fail to ‘‘take necessary and institutions, capabilities, and resolve DEPARTMENT OF STATE significant steps to apprehend and that will lead to the fulfillment of the transfer’’ to the International Criminal Dayton objective of seeing those war [Public Notice Number 3007] Tribunal for the Former Yugoslavia all criminals who remain at large detained persons who have been publicly and brought to justice. Shipping Coordinating Committee, indicted by the Tribunal. The Secretary The international community has Subcommittee on Safety of Life at Sea, of State determined in November 1998 repeatedly warned that obstructionism Working Group on Dangerous Goods, that Serbia and the Republika Srpska will lead to serious repercussions, Solid Cargoes and Containers; Meeting were subject to this restriction. including the curtailment of economic Notice However, Section 570 also provides for assistance. However, positive signals are The Working Group on Dangerous a selective use of the waiver authority. also needed. The currently volatile Goods, Solid Cargoes and Containers An upcoming decision by the World climate in the RS should not sway the (DSC) of the Subcommittee on Safety of Bank to establish a Local Development international community from a long- Life at Sea (SOLAS) will conduct an Fund (LDF), to lend to municipalities term policy that strengthens moderates open meeting at 10:00 a.m. on Tuesday, for infrastructure reconstruction, fits the and rewards those who cooperate with May 11, 1999, in Room 6332, at the criteria for a waiver. The LDF, which Dayton implementation. Nassif Building, 400 Seventh Street, would commit a total of $15 million, is [FR Doc. 99–9894 Filed 4–19–99; 8:45 am] S.W., Washington, DC 20590. The a longer-term (four years) effort to BILLING CODE 4710±23±P purpose of the meeting is to discuss the upgrade lending expertise of local banks outcome of the Fourth Session of the and debt management capabilities of DSC Subcommittee of the International municipal governments. DEPARTMENT OF STATE Maritime Organization (IMO) which was The U.S. has made clear to the World [Public Notice Number 3008] held February 22–26, 1999, at the IMO Bank that it expects strict controls to Headquarters in London. In addition, ensure that no persons publicly indicted The Interagency Working Group on initial plans and preparations for the of war crimes should benefit from the Anti-fouling Paints for Ships; Notice of upcoming meeting of the DSC program, and that no municipalities Public Meeting Subcommittee’s Editorial and Technical openly harboring such persons should Group and other topics of interest will benefit. The World Bank will institute The Federal Interagency Working be addressed. strong control and audit mechanisms. Group on Anti-fouling Paints for Ships International banks and consultants will conduct an open meeting on The agenda items of particular responsible to the World Bank will be Wednesday, May 5, 1999, from 10:00 interest are: involved in the selection of a.m. to 12:00 p.m., in Room 3328, a. Amendment 30 to the International participating banks and eligible Department of Transportation, 407 7th Maritime Dangerous Goods (IMDG) municipalities. The World Bank is fully Street, S.W., Washington, D.C. 20590. Code, its Annexes and Supplements aware of the need to avoid a situation The purpose of this meeting is to including harmonization of the IMDG where its funds could benefit persons discuss and prepare the U.S. position Code with the United Nations publicly indicted for war crimes, or for treaty negotiations relating to Recommendations on the Transport of municipalities responsible for harboring international regulations relating to the Dangerous Goods, reformatting of the such persons. It will consult regularly harmful effects of the use of anti-fouling IMDG Code, and revision of the format with the Office of the High paints for ships. These negotiations will of the Emergency Schedules (EmS).

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b. Implementation of Annex III of the Information Items 12. Delegation of authority to the Marine Pollution Convention (MARPOL 1. Filing of condemnation cases to Chief Administrative Officer to enter 73/78), as amended. acquire easements and rights-of-way into cooperative partnership c. Review of the Code of Safe Practice affecting the following transmission agreements, with up to $10 million for Solid Bulk Cargoes (BC Code). lines: Great Falls-Murfreesboro-South funding from TVA, with selected land d. Amendments to SOLAS chapters VI Nashville, Rutherford County, grant colleges and universities in the and VII to make the IMDG Code Tennessee; Oneida-McCreary, Scott seven-state Tennessee Valley region to mandatory. County, Tennessee; Oneida-McCreary, cooperatively conduct studies and e. Mandatory application of the Code McCreary County, Kentucky; Pinhook- experiments for power development, for the Safe Carriage of Irradiated Smyrna, Davidson County, Tennessee; environmental research, and economic Nuclear Fuel, Plutonium and High Level and Red Hills-Sturgis, Choctaw, development. Radioactive Wastes in Flasks on Board Mississippi. 13. Appointment of TVA’s Designated Ships (INF Code). 2. Filing of condemnation cases to Agency Safety and Health Official. f. Implementation of IMO instruments acquire easements and rights-of-way for 14. Recommendation resulting from and training requirements for cargo- transmission lines affecting Pinhook- negotiations with Local 544, Service related matters, including revision of Smyrna, Rutherford County, Tennessee; Employees International Union, AFL– resolution A.537(13) and development and Sequoyah-Concord Tap to Apison, CIO, over compensation for TVA annual of multimodal training requirements. Hamilton County, Tennessee. and hourly employees. g. Reports on incidents involving 3. Relocation of a portion of the 15. Authorization, for planning dangerous goods or marine pollutants in Mayfield-Murray Transmission Line purposes, of the use of a calculated packaged form on board ships or in port affecting approximately 3.2 acres of land annual real rate of return of 5 percent in areas. in Graves County, Kentucky (Tract No. connection with TVA’s Nuclear Members of the public may attend MMR–17). Decommissioning Fund. this meeting up to the seating capacity 4. Abandonment of easement rights 16. Approval to issue TVA Power of the room. Interested persons may over a portion of the Waterville- Bonds and execution of currency swap seek information by writing: Mr. E. P. Kingsport Nolichucky Tap transmission arrangement. Pfersich, U.S. Coast Guard (G–MSO–3), Line right-of-way in Greene County, 17. Approval of the sale of TVA 2100 Second Street, S.W., Washington, Tennessee (Tracts No. NOLT–17, –18, Power Bonds. 18. Appointments to the Land DC 20593–0001 or by calling (202) 267– and –19). Between the Lakes Advisory Committee. 1577. 5. Abandonment of easement rights affecting approximately 11.77 acres of For more information: Please call Dated: April 14, 1999. TVA’s Bowling Green-Franklin No. 3 TVA Public Relations at (423) 632–6000, Stephen M. Miller, and Bowling Green-Franklin 69–kV Knoxville, Tennessee. Information is Executive Secretary, Shipping Coordinating transmission line in Warren County, also available at TVA’s Washington Committee. Kentucky (Tracts No. BGFN–20, –21, Office (202) 898–2999. [FR Doc. 99–9892 Filed 4–19–99; 8:45 am] and BOGF–45, –46). Dated: April 14, 1999. BILLING CODE 4710±07±P 6. Grant of a 10-year easement, with William L. Osteen, options to renew for up to four Associate General Counsel and Assistant additional 10-year terms, exclusively for Secretary. TENNESSEE VALLEY AUTHORITY the production of fused silica and such [FR Doc. 99–9919 Filed 4–15–99; 4:20 pm] other products as TVA may agree to in BILLING CODE 8120±08±M Sunshine Act Meeting writing, affecting approximately 15.24 acres of Muscle Shoals Reservation land AGENCY HOLDING THE MEETING: Tennessee in Colbert County, Alabama, together OFFICE OF THE UNITED STATES Valley Authority (Meeting No. 1513). with associated nonexclusive access TRADE REPRESENTATIVE TIME AND DATE: 9 a.m. (CDT), April 21, rights. 1999. 7. Cessation of efforts to pursue the Notice of Meeting of the Trade and PLACE: Murray State University, Curris development of the Little Cedar Environment Policy Advisory Center Mississippi Room, Chestnut Mountain project on Nickajack Lake and Committee (TEPAC) Street, Murray, Kentucky. cessation of consideration of a proposal STATUS: Open. by a private company to develop AGENCY: Office of the United States approximately 850 acres of TVA land on Trade Representative. Agenda Tellico Reservoir. ACTION: Notice that the April 29, 1999, Approval of minutes of meeting held 8. Revisions to the Industrial Service meeting of the Trade and Environment on March 3, 1999. Policy as set out in TVA’s wholesale Policy Advisory Committee will be held power contracts. from 1:00 p.m. to 5:00 p.m. The meeting New Business 9. Approval of the offering of a will be closed to the public from 1:00 Unclassified forward supported power (FSP) option p.m. to 4:30 p.m. and open to the public as an enhancement of economy surplus from 4:30 p.m. to 5:00 p.m. F1. Shoreline Management Policy. power (ESP) arrangements. F2. Boone Reservoir Land 10. Approval to enter into agreements SUMMARY: The Trade and Environment Management Plan, Sullivan and with hotels and motels in the Tennessee Policy Advisory Committee will hold a Washington Counties, Tennessee. Valley region and other select locations. meeting on April 29, 1999 from 1:00 F3. Melton Hill Reservoir Land 11. Supplement to contract with p.m. to 5:00 p.m. The meeting will be Management Plan, Anderson, Knox, General Electric Company for the closed to the public from 1:00 p.m. to Roane, and Loudon Counties, manufacture and turnkey installation of 4:30 p.m. The meeting will include a Tennessee. four simple cycle dual fuel combustion review and discussion of current issues F4. TVA Policy and Principles on the turbine units and to proceed with plant with influence U.S. trade policy. Environment. site acquisition activities. Pursuant to section 2155(f)(2) of Title 19

VerDate 23-MAR-99 16:22 Apr 20, 1999 Jkt 183247 PO 00000 Frm 00066 Fmt 4703 Sfmt 4703 E:\FR\FM\20APN1.XXX pfrm07 PsN: 20APN1 Federal Register / Vol. 64, No. 75 / Tuesday, April 20, 1999 / Notices 19401 of the United States Code, I have (202) 267–1217–0081; or by faxing (202) Federal court or as otherwise provided determined that this meeting will be 267–4570. Submit application forms to under the Privacy Act (5 U.S.C. 552a). concerned with matters the disclosure the same address. This notice and the Dated: April 13, 1999. of which would seriously compromise application form are available on the Howard L. Hime, the development by the United States Internet at http://dms.dot.gov. Director of Standards (Acting); Marine Safety Government of trade policy, priorities, FOR FURTHER INFORMATION CONTACT: and Environmental Protection. negotiating objectives or bargaining Commander Robert F. Corbin, Executive [FR Doc. 99–9880 Filed 4–19–99; 8:45 am] positions with respect to the operation Director of CTAC, or Ms. Sara S. Ju, BILLING CODE 4910±15±M of any trade agreement and other Assistant to the Executive Director, matters arising in connection with the telephone (202) 267–1217–0081, fax development, implementation and (202) 267–4570. DEPARTMENT OF TRANSPORTATION administration of the trade policy of the United States. The meeting will be open SUPPLEMENTARY INFORMATION: The Federal Aviation Administration to the public and press from 4:30 p.m. Chemical Transportation Advisory to 5:00 p.m. when trade policy issues Committee (CTAC) is a Federal advisory Noise Exposure Map Notice; Austin- will be discussed. Attendance during committee constituted under 5 U.S.C. Bergstrom International Airport; this part of the meeting is for App. 2. It provides advice and makes Austin, TX observation only. Individuals who are recommendations to the Assistant Commandant for Marine Safety and AGENCY: Federal Aviation not members of the committee will not Administration, DOT. be invited to comment. Environmental Protection on matters relating to the safe transportation and ACTION: Notice. DATES: The meeting is scheduled for handling of hazardous materials in bulk April 29, 1999, unless otherwise SUMMARY: The Federal Aviation on U.S.-flag vessels and barges in U.S. notified. Administration (FAA) announces its ports and waterways. The advice and ADDRESSES: The meeting will be held at determination that the noise exposure recommendations of CTAC also assist maps submitted by the City of Austin, the USTR ANNEX Building in the U.S. Coast Guard in formulating the Conference Rooms 1 and 2, located at Texas, for Austin-Bergstrom position of the United States on International Airport under the 1724 F Street, NW, Washington, DC, hazardous material transportation issues unless otherwise notified. provisions of Title 49, U.S.C. Chapter prior to meetings of the International 475 (hereinafter referred to as ‘‘Title FOR FURTHER INFORMATION CONTACT: Maritime Organization. 49’’) and 14 CFR part 150 are in Christina Sevilla, Office of the United CTAC meets at least once a year at compliance with applicable States Trade Representative, (202) 395– Coast Guard Headquarters in requirements. 6120. Washington, DC. It may also meet more EFFECTIVE DATE: The effective date of the Charlene Barshefsky, often than once a year for extraordinary FAA’s determination on the noise United States Trade Representative. purposes. CTAC’s subcommittees and exposure maps is April 5, 1999. [FR Doc. 99–9832 Filed 4–19–99; 8:45 am] working groups may meet to consider FOR FURTHER INFORMATION CONTACT: BILLING CODE 3190±01±M specific problems as required. Mike Nicely, Department of The Coast Guard will consider Transportation, Federal Aviation applications for seven positions that Administration, 2601 Meacham DEPARTMENT OF TRANSPORTATION expire or become vacant in September Boulevard, Fort Worth, Texas, 76137, 1999. To be eligible, applicants should (817) 222–5606. Coast Guard have experience in chemical SUPPLEMENTARY INFORMATION: This manufacturing, marine transportation of [USCG±1999±5526] notice announces that the FAA finds chemicals, occupational safety and that the noise exposure maps submitted Chemical Transportation Advisory health, or environmental protection for Austin-Bergstrom International Committee; Vacancies issues associated with chemical Airport are in compliance with transportation. Each member serves for applicable requirements of part 150, AGENCY: Coast Guard, DOT. a term of three years. Some members effective April 5, 1999. Under Title 49, ACTION: Request for applications. may serve consecutive terms. However, an airport operator may submit to the not more than 50 percent of the FAA noise exposure maps which meet SUMMARY: The Coast Guard is seeking members with expiring terms may be re- applicable regulations and which depict applications for appointment to appointed. All members serve at their noncompatible land uses as of the date membership on the Chemical own expense, and receive no salary, of submission of such maps, a Transportation Advisory Committee reimbursement of travel expenses, or description of projected aircraft (CTAC). CTAC provides advice and other compensation from the Federal operations, and the ways in which such makes recommendations to the Coast Government. operations will affect such maps. Title Guard on matters relating to the safe In support of the policy of the 49 requires such maps to be developed transportation and handling of Department of Transportation on gender in consultation with interested and hazardous materials in bulk on U.S.-flag and ethnic diversity, the Coast Guard affected parties in the local community, vessels and barges in U.S. ports and encourages applications from qualified government agencies, and persons using waterways. women and members of minority the airport. An airport operator who has DATES: Applications must reach the groups. submitted noise exposure maps that are Coast Guard on or before July 16, 1999. Applicants selected may be required found by the FAA to be in compliance ADDRESSES: You may request an to complete a Confidential Financial with the requirements of Federal application form by writing to Disclosure Report (OGE Form 450). Aviation Regulations (FAR) part 150, Commandant (G–MSO–3), U.S. Coast Neither the report nor the information it promulgated pursuant to Title 49, may Guard, 2100 Second Street SW., contains may be released to the public, submit a noise compatibility program Washington, DC 20593–0001; by calling except under an order issued by a for FAA approval which sets forth the

VerDate 23-MAR-99 16:22 Apr 20, 1999 Jkt 183247 PO 00000 Frm 00067 Fmt 4703 Sfmt 4703 E:\FR\FM\20APN1.XXX pfrm07 PsN: 20APN1 19402 Federal Register / Vol. 64, No. 75 / Tuesday, April 20, 1999 / Notices measures the operator has taken or required consultation has been Comments may also be sent proposes for the reduction of existing accomplished. electronically to the following internet noncompatible uses and for the Copies of the noise exposure maps address: [email protected]. prevention of the introduction of and the FAA’s evaluation of the maps The petition, any comments received, additional noncompatible uses. are available for examination at the and a copy of any final disposition are The City of Austin, Texas, submitted following locations: filed in the assigned regulatory docket to the FAA on March 22, 1999, noise Federal Aviation Administration, and are available for examination in the exposure maps, descriptions and other Airports Division, 2601 Meacham Rules Docket (AGC–200), Room 915G, documentation which were produced Boulevard, Fort Worth, Texas 76137. FAA Headquarters Building (FOB 10A), during August 1998 and March 1999. It City of Austin, Department of Aviation, 800 Independence Avenue, SW., was requested that the FAA review this 2716 Spirit of Texas Drive, Austin, Washington, D.C. 20591; telephone material as the noise exposure maps, as Texas 78719. (202) 267–3132. described in Title 49. Questions may be directed to the FOR FURTHER INFORMATION CONTACT: The FAA has completed its review of individual named above under the Cherie Jack (202) 267–7271 or Terry the noise exposure maps and related heading, FOR FURTHER INFORMATION Stubblefield (202) 267–7624 Office of descriptions submitted by the City of CONTACT. Rulemaking (ARM–1), Federal Aviation Austin, Texas. The specific maps under Issued in Fort Worth, Texas, April 5, 1999. Administration, 800 Independence consideration are 1999 Opening Day Naomi L. Saunders, Avenue, SW., Washington, DC 20591. Existing Condition Noise Exposure Map, This notice is published pursuant to Manager, Airports Division. Figure 3.7 and 2004 Future Condition paragraphs (c), (e), and (g) of § 11.27 of Noise Exposure Map, Figure 4.6 in the [FR Doc. 99–9797 Filed 4–19–99; 8:45 am] Part 11 of the Federal Aviation submission. The FAA has determined BILLING CODE 4910±13±M Regulations (14 CFR Part 11). that these maps for Austin-Bergstrom Issued in Washington, D.C., on April 15, International Airport are in compliance DEPARTMENT OF TRANSPORTATION 1999. with applicable requirements. This Donald P. Byrne, determination is effective on April 5, Federal Aviation Administration Assistant Chief Counsel for Regulations. 1999. FAA’s determination on an airport operator’s noise exposure maps is [Summary Notice No. PE±99±09] Petitions for Exemption limited to a finding that the maps were Petitions for Exemption; Summary of Docket No.: 23771. developed in accordance with the Petitions Received; Dispositions of Petitioner: Cessna Aircraft Company. procedures contained in Appendix A of Petitions Issued Section of the FAR Affected: 14 CFR FAR part 150. Such determination does 91.9(a) and 91.531(a)(1) & (2). not constitute approval of the AGENCY: Federal Aviation Description of Relief Sought: To applicant’s data, information, or plans, Administration (FAA), DOT. permit Cessna Aircraft operators of the or a commitment to approve a noise ACTION: Notice of petitions for Cessna Citation Excel Model 560XL, compatibility program or to fund the exemption received and of dispositions that otherwise meets the minimum crew implementation of that program. of prior petitions. requirements of 25.1523 with a single If questions arise concerning the pilot, to operate those airplanes without precise relationship of specific SUMMARY: Pursuant to FAA’s rulemaking a second in command. provisions governing the application, properties to noise exposure contours Docket No.: 28768. depicted on a noise exposure map processing, and disposition of petitions Petitioner: Franklin Products submitted under Title 49, it should be for exemption (14 CFR Part 11), this Company. noted that the FAA is not involved in notice contains a summary of certain Section of the FAR Affected: 14 CFR any way in determining the relative petitions seeking relief from specified 25.853(a). locations of specific properties with requirements of the Federal Aviation Description of Relief Sought: To allow regard to the depicted noise contours, or Regulations (14 CFR Chapter I), a two year time for Exemption No. 6634 in interpreting the noise exposure maps dispositions of certain petitions for testing and interim use of certain to resolve questions concerning, for previously received, and corrections. water-based adhesives which do not example, which properties should be The purpose of this notice is to improve fully comply with the requirements of covered by the provisions of Title 49. the public’s awareness of, and 25.853(a) in the manufacture of seat These functions are inseparable from participation in, this aspect of FAA’s cushions. the ultimate land use control and regulatory activities. Neither publication Docket No.: 29458. planning responsibilities of local of this notice nor the inclusion or Petitioner: National Business Aviation government. These local responsibilities omission of information in the summary Associates, Inc. are not changed in any way under Part is intended to affect the legal status of Section of the FAR Affected: 14 CFR 150 or through FAA’s review of noise any petition or its final disposition. 61.57(b)(1)(ii). exposure maps. Therefore, the DATES: Comments on petitions received Description of Relief Sought: To responsibility for the detailed must identify the petition docket permit NBAA to operate turbine overlaying of noise exposure contours number involved and must be received powered airplanes where the PIC does onto the map depicting properties on on or before May 11, 1999. not have to meet the night takeoff and the surface rests exclusively with the ADDRESSES: Send comments on any landing currency requirements of airport operator which submitted those petition in triplicate to: Federal 61.57(b)(1)(ii) if the PIC’s night landing maps, or with those public agencies and Aviation Administration, Office of the currency has been maintained or planning agencies with which Chief counsel, Attn: Rule Docket (AGC– reestablished. consultation is required under Title 49. 200), Petition Docket No. Docket No.: 29460. The FAA has relied on the certification llllllllll, 800 Petitioner: Dornier Luftfahrt GMBH. by the airport operator, under § 150.21 Independence Avenue, SW., Section of the FAR Affected: 14 CFR of FAR part 150, that the statutorily Washington, D.C. 20591. 121.358(a) Amendment 121–270.

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Description of Relief Sought: To Description of Relief Sought/ installation and removal procedures for permit Dornier to operate Dornier 328– Disposition: To allow FWS to conduct medevac stretchers in ALA’s aircraft 300 without an approved Flight Federal game and trespass regulation during ground and flight training, Guidance System for a period of six enforcement operations no closer than subject to certain conditions. months. 200 feet from the suspect and no closer Grant, 3/12/99, Exemption No. 6603A. Docket No.: 29530. than 500 feet from any other persons, Docket No.: 28742. Petitioner: Dornier Luftfahrt BmgM. vessels, vehicles, and structures in other Petitioner: Aerolineas Argentinas, Section of the FAR Affected: 14 CFR than congested areas and sparsely S.A. 25.1435(b)(1). populated areas. Section of the FAR Affected: 14 CFR Description of Relief Sought: In lieu of Partial Grant, 3/17/99, Exemption No. 145.47(b). the requirements of 14 CFR 6872. Description of Relief Sought/ 25.1435(b)(1) for a complete hydraulic Docket No.: 25862. Disposition: To allow Aerolineas system static proof pressure test on the Petitioner: Cessna Aircraft Company. Argentinas, S.A. to use Instituto airplane, Dornier proposes to conduct a Sections of the FAR Affected: 14 CFR Nacional de Tecnologia Industrial range of motion test on the airplane at 47.69(b). standards of Argentina for calibration in the system relief pressure, 3580 psig, Description of Relief Sought/ lieu of the calibration standards of NIST and component qualification testing at Disposition: To permit the Cessna to test its inspection and test equipment. 1.5 times operating pressure (4500 psig) Aircraft Company to use its dealer Grant, 3/12/99, Exemption No. 6584A. per 25.1435(a)(2), for the hydraulic certificate for the operation and Docket No.: 28820. system on the Dornier Model 328–300 demonstration of aircraft outside the Petitioner: Northern Air Cargo, Inc. airplane. United States. Section of the FAR Affected: 14 CFR Docket No.: 29531. Grant, 4/2/99, Exemption No. 5043E. 119.67(a)(1). Description of Relief Sought/ Petitioner: Dornier Luftfahrt BmbH. Docket No.: 26474. Disposition: To permit Mr. Leonard F. Section of the FAR Affected: Petitioner: Deere & Company. 25.841(a)(2) and (3). Sections of the FAR Affected: 14 CFR Kirk to continue to serve as director of Description of Relief Sought: Dornier 21.197(a)(1). operations for Northern Air Cargo, Inc., Luftfahrt BmbH requests relief from the Description of Relief Sought/ without him holding an ATP certificate. Grant, 3/31/99, Exemption No. 6592A. requirements of 14 CFR § 25.841(a)(2) Disposition: To permit Deere & and (3) at amendment 25–87 from the Company to operate two CESSNA Docket No.: 28828. cabin decompression requirements in Model CE–650 aircraft (Registration Petitioner: North American Airlines, determination of the certification basis Nos. N600JD and N900JD, Serial Nos. Inc. Section of the FAR Affected: 14 CFR for the Dornier Model 328–300 airplane. 650–0236 and 650–0213, respectively) 119.67(a)(1). Disposition of Petitions without obtaining a special flight permit Description of Relief Sought/ when the aircraft flaps fail in the ‘‘up’’ Docket No.: 10633. Disposition: To permit Mr. Edward E. position. Dascoli to continue to serve as director Petitioner: FAA Technical Center. Grant, 3/31/99, Exemption No. 6581A. Sections of the FAR Affected: 14 CFR of operations for North American 91.117(a), 91.119(c), 91.159(a) and Docket No.: 27690. Airlines without him holding an ATP 91.303(e). Petitioner: M. Shannon & Associates. certificate. Description of Relief Sought/ Sections of the FAR Affected: 14 CFR Grant, 3/31/99, Exemption No. 6593A. Disposition: To allow the FAA 91.9(a) and 91.531(a)(1) and (2). Docket No.: 29282. Technical Center to conduct certain Description of Relief Sought/ Petitioner: The Boeing Company. Flight OPS in support of its R&D Disposition: To permit Shannon and Section of the FAR Affected: 14 CFR projects without meeting certain FAA certain operators of Cessna Citation 500, 25.785(d), 25.807(c)(1), 25.857(e) and Regulations governing: (1) aircraft 550, AND S550 aircraft to operate those 25.1447(c)(1). speed, (2) minimum safe altitudes, (3) aircraft without a pilot designated as Description of Relief Sought/ cruising altitudes for flights conducted second in command (SIC). Disposition: To permit type certification Grant, 3/29/99, Exemption No. 6480B. under visual flight rules, and (4) of the MD–10 freighter airplanes aerobatic flight. Docket No.: 27999. equipped with a Class E cargo Grant, 4/7/99, Exemption No. 6883. Petitioner: Alaska Airlines, Inc. compartment, with accommodations for Docket No.: 23147. Sections of the FAR Affected: 14 CFR either (1) up to four supernumeraries in Petitioner: The Boeing Company. 121.433(c)(1)(iii), 121.440(a), one configuration or (2) up to two Sections of the FAR Affected: 14 CFR 121.441(a)(1) and (b)(1), and Appendix supernumeraries in another 91.515(a)(1). F. configuration, to have either Description of Relief Sought/ Description of Relief Sought/ configuration immediately aft of the Disposition: To permit Boeing to Disposition: To permit ALA to combine cockpit as proposed. conduct noise measurement tests, recurrent flight and ground training and Partial Grant, 3/23/99, Exemption No. Ground Proximity Warning System proficiency checks to ALA’s flight 6873. research and development, and aircraft crewmembers in a Single Visit Training Docket No.: 29302. certification tests at altitudes less than Program. Petitioner: Raytheon E-Systems. 1,000 feet above the surface or 1,000 feet Grant, 3/29/99, Exemption No. 6043B. Section of the FAR Affected: 14 CFR from any mountain, hill, or other Docket No.: 28672. 25.365(e)(2), 25.562(c)(2) through (4) obstruction to flight. Petitioner: Alaska Airlines, Inc. and (6), 25.785(b), 25.785(h)(2), Grant, 3/29/99, Exemption No. 4783F. Sections of the FAR Affected: 14 CFR 25.813(e), and 25.853(d). Docket No.: 23805. 121.709(b)(3). Description of Relief Sought/ Petitioner: U.S. Department of the Description of Relief Sought/ Disposition: To allow the installation of Interior, Fish and Wildlife Service. Disposition: To permit ALA’s flight attendant seats that do not provide Sections of the FAR Affected: 14 CFR certificated A&P mechanics to train a direct view of the cabin, to allow the 91.119(b) and (c). flight operations instructors in the installation of interior doors, and to

VerDate 23-MAR-99 16:22 Apr 20, 1999 Jkt 183247 PO 00000 Frm 00069 Fmt 4703 Sfmt 4703 E:\FR\FM\20APN1.XXX pfrm07 PsN: 20APN1 19404 Federal Register / Vol. 64, No. 75 / Tuesday, April 20, 1999 / Notices install interior materials that do not ACTION: Monthly Notice of PFC determined that the proposed class comply with heat release and smoke Approvals and Disapprovals. In March accounts for less than 1 percent of the emission requirements on a Boeing 777 1999, there were seven applications total annual enplanements at Melbourne airplane. approved. This notice also includes International Airport. Partial Grant, 4/1/99, Exemption No. information on three applications, Brief Description of Projects Approved 6881. approved in February 1999, for Collection and Use: Master plan Docket No.: 29377. inadvertently left off the February 1999 update, phase 2; Proximity suits for Petitioner: GTA Air, Inc. notice. Additionally, three approved firefighters; ARFF vehicle; Wetland Section of the FAR Affected: 14 CFR amendments to previously approved mitigation land acquisition; Construct 135.143(c). applications are listed. safety area/wetland mitigation; Description of Relief Sought/ Emergency generators for terminal; Disposition: To permit GTA Air to SUMMARY: The FAA publishes a monthly Runway power sweeper. operate certain aircraft under Part 135 notice, as appropriate, of PFC approvals Decision Date: February 24, 1999. without a Mode S Transponder installed and disapprovals under the provisions For Further Information Contact: Ilia in each aircraft. of the Aviation Safety and Capacity A. Quinones, Orlando Airports District Grant, 3/22/99, Exemption No. 6879. Expansion Act of 1990 (Title IX of the Office, (407) 812–6331, extension 33. Docket No.: 29405. Omnibus Budget Reconciliation Act of Public Agency: City of Modesto, Petitioner: North Star Air Cargo, Inc. 1990) (Pub. L. 101–508) and part 158 of California. Section of the FAR Affected: 13 CFR the Federal Aviation Regulations (14 Application Number: 99–05–C–00– 135.143(c)(2). CFR part 158). This notice is published MOD. Description of Relief Sought/ pursuant to paragraph d of § 158.29. Application Type: Impose and use a Disposition: To permit North Star Air PFC Applications Approved PFC. Cargo to operate seven twin-engine PFC Level: $3.00. aircraft under Part 135 without a Mode Public Agency: County of Brown, Total PFC Revenue Approved in This S Transponder installed in each aircraft. Green Bay, Wisconsin. Decision: $154,750. Grant, 3/22/99, Exemption No. 6878. Application Number: 99–02–C–GRB. Earliest Charge Effective Date: May 1, Application Type: Impose and use a Docket No.: 29472. 1999. Petitioner: Blessing, Davis A. PFC. Estimated Charge Expiration Date: Section of the FAR Affected: 14 CFR PFC Level: $3.00. September 1, 2001. Total PFC Revenue Approved in This 121.383(c). Class of Air Carriers Not Required to Description of Relief Sought/ Decision: $2,768.496. Collect PFC’s: Air taxi/commercial Disposition: To permit Mr. Blessing to Earliest Charge Effective Date: May 1, operators. act as pilot in operations under Part 121 1999. Determination: Approved. Based on Estimated Charge Expiration Date: after reaching his 60th birthday. information contained in the public Grant, 3/31/99, Exemption No. 6880. August 1, 2002. agency’s application, the FAA has Class of Air Carriers Not Required to Docket No.: 29473. determined that the proposed class Collect PFC’s: None. accounts for less than 1 percent of the Petitioner: New Air Helicopters. Brief Description of Projects Approved Description of Relief Sought/ total annual enplanements at Modesto for Collection and Use: Purchase aircraft Disposition: 14 CFR 135.143(c)(2). City-County Airport—Harry Sham Field. rescue and firefighting (ARFF) vehicle. Description of Relief Sought/ Brief Description of Projects Approved Acquire snow removal equipment. Disposition: To permit New Air for Collection and Use: ARFF Partial rehabilitation of airfield Helicopters to operate its Bell helicopter improvements; General aviation pavements and security fencing; Expand (Registration No. N5754K, Serial No. entrance road phase 1—design; Relocate air carrier apron; PFC administration 3126) under Part 135 without a Mode S airfield regulators; Resurface taxiways A costs; Terminal entrance road Transponder installed in the aircraft. and B, phase 1—design engineering and Grant, 4/8/99, Exemption No. 6884. reconstruction. phase 2—construction. Decision Date: February 22, 1999. Docket No.: 29524. Decision Date: February 26, 1999. For Further Information Contact: For Further Information Contact: Petitioner: Tower Air, Inc. Daniel J. Millenacker, Minneapolis Section of the FAR Affected: 14 CFR Marlys Vanvervelde, San Francisco Aircrafts District Office, (612) 713–4350. 91 SFAR 82. Airports District Office, (650) 876–2806. Description of Relief Sought/ Public Agency: Melbourne Airport Public Agency: Kansas City Aviation Disposition: To permit Tower Air, Inc. Authority, Melbourne, Florida. Department, Kansas City, Missouri. and its pilots in command to conduct Application Number: 99–03–C–00– Application Number: 99–02–C–00– up to a maximum of four flights within MLB. MCI. the territory and airspace of Sudan. Application Type: Impose and use a Application Type: Impose and use a Grant, 4/2/99, Exemption No. 6882. PFC. PFC. PFC Level: $3.00. PFC Level: $3.00. [FR Doc. 99–9881 Filed 4–19–99; 8:45 am] Total PFC Revenue Approved in This Total PFC Revenue Approved in This BILLING CODE 4910±13±M Decision: $687,088. Decision: $28,723,139. Earliest Charge Effective Date: July 1, Earlist Charge Effective Date: January 1999. 1, 2005. DEPARTMENT OF TRANSPORTATION Estimated Charge Expiration Date: Estimated Charge Expiration Date: July 1, 2000. May 1, 2006. Federal Aviation Administration Class of Air Carriers Not Required to Class of Air Carriers Not Required to Notice of Passenger Facility Charge Collect PFC’s: Air taxi/commercial Collect PFC’s: Air taxi/commercial (PFC) Approvals and Disapprovals operators. operators filing FAA Form 1800.31. Determination: Approved. Based on Determination: Approved. Based on AGENCY: Federal Aviation information contained in the public information contained in the public Administration (FAA), DOT. agency’s application, the FAA has agency’s application, the FAA has

VerDate 23-MAR-99 16:22 Apr 20, 1999 Jkt 183247 PO 00000 Frm 00070 Fmt 4703 Sfmt 4703 E:\FR\FM\20APN1.XXX pfrm07 PsN: 20APN1 Federal Register / Vol. 64, No. 75 / Tuesday, April 20, 1999 / Notices 19405 determined that the proposed class PFC Level: $3.00. Decision Date: March 26, 1999. accounts for less than 1 percent of the Total PFC Revenue Approved in This For Further Information Contact: total annual enplanements at Kansas Decision: $7,465,206. Priscilla Scott, New England Region City International Airport. Earlist Charge Effective Date: June 1, Airports Division, (781) 238–7614. Brief Description of Projects Approved 1999. Public Agency: City of Saint Louis for Collection and Use: Airfield storm Estimated Charge Expiration Date: Airport Authority, Saint Louis, drainage; Construction of hold apron November 1, 2000. Missouri. west of terminal B; new automated Class of Air Carriers not Required to Application Number: 99–05–U–00– access control system; Reconstruct Collect PFC’s: Air taxi/commercial STL. taxiway D. operators. Application Type: Use PFC revenue. Brief Description of Project Partially Determination: Approved. Based on PFC Level: $3.00. Approved for Collection and Use: PFC information contained in the public Total PFC Revenue to Be Used in This development and administration. agency’s application, the FAA has Decision: $155,000,000. Determination: Partially approved. determined that the proposed class Charge Effective Date: June 1, 1998. The FAA notes that public agencies may accounts for less than 1 percent of the Estimated Charge Expiration Date: choose to accomplish the PFC total annual enplanements at Will January 1, 2002. administration tasks by contracting Rogers World Airport. Class of Air Carriers Not Required to through a consultant, internal Brief Description of Projects Approved Collect PFC’s: No change from previous personnel, or a combination of the two. for Collection and Use: Construct ARFF decision. The FAA notes that the public agency facility; Construct southwest stormwater Brief Description of Projects Approved plans to sue a portion of the approved detention facility; Construct snow for Use: Property and business PFC revenue to fund a full time position removal equipment facility; Aircraft acquisition for Natural Bridge Road for the administration of the PFC pavement rejuvenation; Emergency relocation (phase I); program. As a condition for the FAA’s access road reconstruction. Land acquisition for Natural Bridge approval of this project, the FAA Decision Date: March 1, 1999. Road relocation (phase II); Land For Further Information Contact: Ben requires that the public agency provide acquisition for new runway 12R/30L Guttery, Southwest Region Airports to the FAA each year of the PFC and/ site preparation work; Early road work; Division, (817) 222–5614. or use/from the date of issue of this Design fees for roads and runway decision) a letter certifying that the Public Agency: City of Billings, (including program management funds expended for the full time Montana. consultant/airport development position are directly and exclusively Application Number: 99–02–U–00– program consultant fees. used for PFC administrative tasks BIL. Decision Date: March 30, 1999. during the preceding year, along with a Application Type: Use PFC revenue. For Further Information Contact: record of the hours spent on each PFC PFC Level: $3.00. Lorna Sandridge, Central Region Total PFC Revenue To Be Used in related task listed in the description of Airports Division, (816) 426–4730. this project during that year. The This Decision: $2,756,042. allowable portion of the public agency’s Charge Effective Date: April 1, 1994. Public Agency: City of Pensacola, costly of administrating its PFC program Estimated Charge Expiration Date: Florida does not include costs associated with February 1, 2001. Application Number: 99–04–C–00– operations and maintenance, general Class of Air Carriers Not Required to PNS. purpose equipment such as computer Collect PFC’s: No change from previous Application Type: Impose and use a hardware, nor benefits including, but decision. PFC. not limited to, leave, retirement, or Brief Description of Projects Approved PFC Level: $3.00. overhead. It also does not include for Use: Relocate and upsize sanitary Total PFC Revenue Approved in This project management activities. sewer; Extend and upgrade waterlines. Decision: $19,400,000. Brief Description of Projects Approved Decision Date: March 18, 1999. Earliest Charge Effective Date: June 1, for Use: Overlay runway 9/27 and For Further Information Contact: 1999. taxiway C (between C1 and C9; David P. Gabbert, Helena Airports Estimated Charge Expiration Date: Construct Federal Inspection Services District Office, (406) 449–5271 June 1, 2009. facility; Taxiway B rehabilitation; Public Agency: State of Connecticut, Class of Air Carriers Not Required to Terminal improvements. Department of Transportation, Bureau of Collect PFC’s: Part 135 air taxi/ Brief Description of Project Partially Aviation and Ports, Windsor Locks, commercial operators filing FAA Form Approved for Use: Expand general Connecticut. 1800–31. aviation apron. Application Number: 99–08–U–00– Determination: Approved. Based on Determination: Partially approved. BDL. information contained in the public The FAA has determined that the Application Type: Use PFC revenue. agency’s application, the FAA has taxiway connector was not included in PFC Level: $3.00. determined that the proposed class the impose only project description and Total PFC Revenue To Be Used in accounts for less than 1 percent of the therefore did not have impose authority. This Decision: $14,360,000. total annual enplanements at Pensacola Decision Date: March 1, 1999. Charge Effective Date: September 1, Regional Airport. For Further Information Contact: 1997. Brief Description of Project Approved Lorna Sandridge, Central Region Estimated Charge Expiration Date: for Collection and Use: Runway 8/26 Airports Division, (816) 426–4730. November 1, 1999. rehabilitation. Public Agency: City of Oklahoma City, Class of Air Carriers Not Required to Brief Description of Project Approved Oklahoma. Collect PFC’s: No change from previous for Collection: Runway 8/26 extension. Application Number: 99–02–C–00– decision. Decision Date: March 31, 1999. OKC. Brief Description of Projects Approved For Further Information Contact: Bud Application Type: Impose and use a for Use: Construct new fire station #1; Jackman, Orlando Airports District PFC. Construct glycol collection facility. Office, (407) 812–6331, extension 22.

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Public Agency: Albany-Doughtery widening project; Telecommunication Brief Description of Project County Aviation Commission, Albany, device for the deaf; Americans with Disapproved: Bunker gear for ARFF Georgia. Disabilities Act signage—terminal personnel. Application Number: 98–02–C–00– building; Commuter passenger boarding Determination: Disapproved. The ABY. bridge; Lighting vault; ARFF eligibility of protective clothing for Application Type: Impose and use a maintenance facility; Rehabilitate ARFF personnel is limited to one suite PFC. taxiway lights (taxiway A); Replace for each firefighter employed full-time PFC Level: $3.00. ARFF vehicle; Rehabilitate runway Total PFC Revenue Approved in this lights (runway 4/22); Rehabilitate to fight aircraft fires; and one suit for Decision: $629,049. taxiway A (phase I); Airfield signage; each position of a less than full-time Earliest Charge Effective Date: June 1, Rehabilitate beacon; unit, subject to the limitation that the 1999. Rehabilitate taxiway A (Phase II) and total number of suits does not exceed Estimated Charge Expiration Date: taxiway C. two for lightweight vehicles and five for December 1, 2004. Rehabilitate runway 16/34 lights. large-type vehicles. Based on this Class of Air Carriers Not Required to Rehabilitate taxiways B, C, and E criteria, this location is eligible for 10 Collect PFC’s: Part 135 air taxi/ lighting. suits. Ten proximity suits, which commercial operators. Expand and rehabilitate apron (design provide more protection for ARFF Determination: Approved. Based on only). personnel than do bunker gear suits, information contained the public Rehabilitate taxiways D and E (design were purchased under a previous PFC agency’s application, the FAA has only). determined that the proposed class application; therefore, the bunker gear Master plan update. suits are not eligible. accounts for less than 1 percent of the Rehabilitate runway 4/22 (design total annual enplanements at Southeast only). Decision Date: March 31, 1999. Georgia Regional Airport. Rehabilitate runway 4/22. For Further Information Contact: Brief Description of Projects Approved Rehabilitate runway 16/34. Larry Clark, Atlanta Airports District for Collection and Use: ANTN digital Brief Description of Project Approved Office, (404) 305–7144. training system, Airfield perimeter for Use: Rehabilitate general aviation fencing; Perimeter fencing—road apron. Amendments to PFC Approvals

Original ap- Amended ap- Original esti- Amended esti- Amendment No., city, state Amendment proved net proved net mated charge mated charge approved date PFC revenue PFC revenue exp. date exp. date

93±01±C±03±MRY Monterey, CA...... 03/03/99 $5,294,407 $4,032,754 07/01/02 07/01/02 97±02±C±01±TYR Tyler, TX...... 03/08/99 976,449 1,166,292 01/01/03 01/01/03 96±04±C±04±MCO Orlando, FL ...... 03/10/99 101,154,000 103,127,000 06/01/98 07/01/98

Issued in Washington, DC. on April 12, DATES: Comments must be received on and use revenue from a PFC at 1999. or before May 20, 1999. University Park Airport under the Eric Gabler, ADDRESSES: Comments on this provisions of the Aviation Safety and Manager, Passenger Facility Charge Branch. application may be mailed or delivered Capacity Expansion act of 1990 (Title IX [FR Doc. 99–9784 Filed 4–19–99; 8:45 am] in triplicate to the FAA at the following of the Omnibus Budget Reconciliation BILLING CODE 4910±13±M address: Ms. Roxane Wren, Harrisburg Act of 1990) (Pub. Law 101–508) and Airports District Office, 3911 Hartzdale part 158 of the Federal Aviation Dr., Suite 1100, Camp Hill, PA 17011. Regulations (14 CFR part 158). DEPARTMENT OF TRANSPORTATION In addition, one copy of any On March 26, 1999, the FAA determined that the application to Federal Aviation Administration comments submitted to the FAA must be mailed or delivered to Mr. David E. impose and use the revenue from a PFC submitted by the Pennsylvania State Notice of intent to rule on application Branigan, Associate Treasurer for the Pennsylvania State University at the University was substantially complete (99±02±C±00±UNV) to Impose and Use within the requirements of § 158.25 of the Revenue From a Passenger Facility following address: part 158. The FAA will approve or Charge at University Park Airport The Pennsylvania State University, 106 Physical Plant Building, University disapprove the application, in whole or AGENCY: Federal Aviation Park, PA 16802. in part, no later than July 6, 1999. The following is a brief overview of Administration (FAA), DOT. Air carriers and foreign air carriers the application. ACTION: Notice of intent to rule on may submit copies of written comments application. previously provided to the Pennsylvania Application number: 99–02–C–00–UNV State University under § 158.23 of part Level of the proposed PFC: $3.00 SUMMARY: The FAA proposes to rule and Proposed charge effective date: 158. invites public comment on the September 1, 1999 application to impose and use the FOR FURTHER INFORMATION CONTACT: Proposed charge expiration date: revenue from a PFC at University Park Roxane Wren, Harrisburg Airports October 1, 2004 Airport under the provisions of the District Office, 3911 Hartzdale Dr., Suite Total estimated PFC revenue: Aviation Safety and Capacity Expansion 1100, Camp Hill, PA 17011. 717–730– $1,449,859 Act of 1990 (Title IX of the Omnibus 2831. The application may be reviewed Brief description of proposed projects: Budget Reconciliation Act of 1990) in person at this same location. —ARFF Vehicle Modification (Pub. L. 101–508) and Part 158 of the SUPPLEMENTARY INFORMATION: The FAA —ARFF Equipment Federal Aviation Regulations (14 CFR proposes to rule and invites public —Snow Removal Equipment Storage part 158). comment on the application to impose Building

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—Acquire Snow Removal Vehicles procurement contracts and Screening DEPARTMENT OF TRANSPORTATION —Design & Construction of Runway 6– Information Requests (SIR). 24 Extension & Stormwater Surface Transportation Board ADDRESSES: The complete text of Management [STB Finance Docket No. 33407] —Environmental Assessment Study Change 11 of the standard clauses and the latest versions of the contracting Cost Overrun Dakota, Minnesota & Eastern Railroad —Phase I Historical/Archaeological clauses are available on the Internet at Corporation Construction Into The Study http://fast.faa.gov/. Use of the Internet Powder River Basin —Security Control & Access World Wide Web Site is strongly Improvements encouraged for access to copies of the AGENCIES: Lead: Surface Transportation —Handicapped Access Lift current clauses. If Internet service is not Board. —Connect to Municipal Water available, requests for copies of these Cooperating: —T/W Extension for Hangar Access documents may be made to the U.S.D.A. Forest Service. —Interior Roads following address: U.S.D.I. Bureau of Land Management. —Part 150 Study U.S. Army Corps of Engineers. FAA Acquisition Reform, ASU–100, —Obstruction Removal ACTION: Notice to the parties providing —Highway Access Improvements Rm. 435, 800 Independence Avenue, an extension of time to submit (Deceleration Lanes) SW, Washington, DC 20591. comments on alternatives and reply —AWOS/ASOS FOR FURTHER INFORMATION CONTACT: comments. —Property Acquisition (Spearly), Phase I–R/ Yvonne Joseph, Procurement W 6 Approach On March 10, 1999, the Final Scope —Expand Airline Terminal Apron Management Branch, Federal Aviation of Study for the Environmental Impact —Master Plan Update Administration, Rm. 435, 800 Statement (EIS) and Request for —ARFF Vehicle Independence Avenue, SW, Comments on 1) the Modified Proposed —Snow Removal Vehicle—Blower Washington, DC 20591, (202) 267–8638. Action, referred to as Alternative C, and —Construct Aircraft Parking Apron SUPPLEMENTARY INFORMATION: 2) the City of Rochester, Minnesota’s —Extend Taxiways to T Hangers On October 31, 1995, Congress passed an South Bypass Proposal was issued in —Property Acquisition (Spearly), Phase this proceeding. The Final Scope II—R/W 6 Approach Act Making Appropriations for the Department of Transportation and provided a 30 day comment period for Class or classes or air carriers which interested parties to submit comments the public agency has requested not be Related Agencies, for the Fiscal Year Ending September 30, 1996, and for on the two new proposed alternatives required to collect PFCs: Charter listed above, while making it clear that Other Purposes (The 1996 DOT Carriers and Air Taxi. the 30 day comment period, which was Any person may inspect the Appropriations Acts). On November 15, due to expire on April 10, 1999, was in application in person at the FAA office 1995, the President signed this bill into addition to, not a substitute for, the listed above under FOR FURTHER law. In Section 348 of this law, Congress comment period that will be provided INFORMATION CONTACT and at the FAA directed the Administrator of the FAA on all aspects of the Draft regional Airports office located at: to develop and implement a new Environmental Impact Statement (DEIS) Fitzgerald Federal Building #111, John acquisition management system that when that document is made available. F. Kennedy International Airport, addresses the unique needs of the The Board and cooperating agencies Jamaica, New York, 11430. agency. The new FAA Acquisition have received requests to extend the In addition, any person may, upon Management System went into effect on April 10, 1999 comment date. Some of request, inspect the application, notice April 1, 1996. the requests seek an extension in which and other documents germane to the to comment on a number of potential application in person at the (See Notice of Availability at 61 FR environmental impacts and others seek Pennsylvania State University. 15155 (April 4, 1996)) additional time to permit development Issued in Jamaica, New York on April 12, The Air Traffic Management System of bypass alternative proposals. 1999. Performance Improvement Act of 1996, As discussed below, we will provide Thomas Felix, title II of the Federal Aviation a limited additional comment period for Manager, Planning & Programming Branch, Reauthorization Act of 1996, Public Law interested communities to develop Airports Division, Eastern Region. 104–264, October 9, 1996, expanded the bypass proposals. As we stated in the [FR Doc. 99–9785 Filed 4–19–99; 8:45 am] procurement reforms previously Final Scope, we are mindful of our BILLING CODE 4910±13±M authorized by the 1996 DOT obligations under the National Appropriations Act. Amendment 01 Environmental Policy Act, 16 U.S.C. implements title II and makes other 4321–4335 (NEPA) to explore and DEPARTMENT OF TRANSPORTATION necessary changes to, and clarifications evaluate in the EIS a reasonable range of alternatives designed to meet the Federal Aviation Administration of, the FAA Acquisition Management System. purpose and need of the applicant’s proposal. Citizens Against Burlington, Announcement of the April 1999 Issued in Washington, DC, on April 9, Inc. v. Busey, 938 F.2d 190 (D.C. Cir. Change 11 of the Standard Clauses 1999. 1991). At the same time, we are aware AGENCY: Federal Aviation Gilbert B. Devey, Jr., that we cannot let the environmental Administration, DOT. Director of Acquisitions, ASU–1. review process indefinitely delay the ACTION: Notice of availability. [FR Doc. 99–9882 Filed 4–19–99; 8:45 am] Board’s final decision on this matter. BILLING CODE 4910±13±M In the Final Scope, we made a SUMMARY: Federal Aviation preliminary determination, based on the Administration (FAA) announces the City of Rochester’s engineering study availability of the April 1999 Change 11 and cost estimates, that the City had met of the standard clauses used in FAA an initial burden of showing that its

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DEPARTMENT OF EDUCATION years. Research under this program may (iv) The importance or magnitude of provide for longitudinal studies of the results or outcomes likely to be [CFDA No.: 84.292B] students or teachers in bilingual attained by the proposed project, Bilingual Education: Field-Initiated education, monitoring the education of especially improvements in teaching Research Program those students from entry in bilingual and student achievement. education through secondary school (c) Quality of the project design (50 ACTION: Notice Inviting Applications for completion. points). (1) The Secretary considers the New Awards for Fiscal Year (FY) 1999. quality of the design of the proposed Priority project. Note to Applicants: This notice is a Invitational Priority (2) In determining the quality of the complete application package. Together design of the proposed project, the The Secretary is particularly with the statute authorizing the program Secretary considers the following interested in applications that meet the and applicable regulations governing factors: following invitational priority. this program, including the Education (i) The extent to which the goals, However, an application that meets this Department General Administrative objectives, and outcomes to be achieved invitational priority does not receive Regulations (EDGAR), this notice by the proposed project are clearly competitive or absolute preference over contains all of the information, specified and measurable. application forms, and instructions other applications (34 CFR 75.105(c)(1)): (ii) The extent to which the proposed Applications that propose to focus on needed to apply for a grant under this project is based upon a specific research research that leads to answering program. The statutory authorization for design, and the quality and significant questions on the assessment this program is contained in section appropriateness of that design, of academic achievement for LEP 7132 of the Elementary and Secondary including the scientific rigor of the students. Education Act of 1965 (ESEA), 20 U.S.C. studies involved. 7452, as amended by the Improving Note: For further information on (iii) The extent to which the design of America’s Schools Act of 1994, Pub. L. assessment issues, see ‘‘High Stakes the proposed project includes a 103–382 (October 20, 1994). Assessment: A Research Agenda for thorough, high-quality review of the Purpose of Program: The purpose of English Language Learners,’’ which is relevant literature, a high-quality plan this program is to provide grants for available from the National for project implementation, and the use field-initiated research activities related Clearinghouse for Bilingual Education, of appropriate methodological tools to to the improvement of bilingual telephone—1–800–321–6223 or website ensure successful achievement of education and special alternative at http://www.ncbe.gwu.edu. project objectives. instructional programs for limited (iv) The extent to which the proposed Selection Criteria English proficient (LEP) children and project is part of a comprehensive effort youth. The Secretary uses the following to improve teaching and learning and Eligible Applicants: Institutions of selection criteria in 34 CFR 75.210 to support rigorous academic standards for higher education, nonprofit evaluate applications for new grants students. organizations, State educational under this competition. (d) Quality of project personnel (20 agencies, and local educational agencies The maximum score for all of these points). (1) The Secretary considers the that have received grants under subparts criteria is 100 points. quality of the personnel who will carry 1 or 2 of Part A (or Part A or Part B, as The maximum score for each criterion out the proposed project. in effect prior to October 20, 1994) of is indicated in parentheses. (2) In determining the quality of Title VII of the ESEA within the (a) Need for project (5 points). (1) The project personnel, the Secretary previous five years. Secretary considers the need for the considers the extent to which the Deadline for Transmittal of proposed project. (2) In determining the applicant encourages applications for Applications: May 20, 1999. need for the proposed project, the employment from persons who are Deadline for Intergovernmental Secretary considers the extent to which members of groups that have Review: July 19, 1999. specific gaps or weaknesses in services, traditionally been underrepresented Available Funds: $170,000. infrastructure, or opportunities have based on race, color, national origin, Estimated Range of Awards: $50,000– been identified and will be addressed by gender, age, or disability. $70,000. the proposed project, including the (3) In addition, the Secretary Estimated Average Size of Awards: nature and magnitude of those gaps or considers the following factors: $60,000. weaknesses. (i) The qualifications, including Estimated Number of Awards: 3. (b) Significance (10 points). (1) The relevant training and experience, of the Secretary considers the significance of project director or principal Note: The Department is not bound by any the proposed project. estimates in this notice. investigator. (2) In determining the significance of (ii) The qualifications, including Project Period: 12 months. the proposed project, the Secretary relevant training and experience, of key Applicable Regulations: The considers the following factors: project personnel. Education Department General (i) The significance of the problem or (e) Adequacy of resources (5 points). Administrative Regulations (EDGAR) in issue to be addressed by the proposed (1) The Secretary considers the 34 CFR parts 74, 75, 77, 79, 80, 81, 82, project. adequacy of resources for the proposed 85, and 86, and the regulations in 34 (ii) The potential contribution of the project. CFR part 299, General Provisions, ESEA. proposed project to increased (2) In determining the adequacy of Description of Program: Funds under knowledge or understanding of resources for the proposed project, the this program are available to carry out educational problems, issues, or Secretary considers the following field-initiated research conducted by effective strategies. factors: current or recent recipients of grants (iii) The likelihood that the proposed (i) The extent to which the budget is under subparts 1 or 2 who have received project will result in system change or adequate to support the proposed those grants within the previous five improvement. project.

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(ii) The extent to which the costs are Department of Education, Washington, Application Instructions and Forms reasonable in relation to the objectives, D.C. 20202–0124. The appendix to this notice contains design, and potential significance of the Proof of mailing will be determined the following forms and instructions, proposed project. on the same basis as applications (see 34 plus a statement regarding estimated (f) Quality of the management plan CFR 75.102). Recommendations or public reporting burden, a notice to (10 points). (1) The Secretary considers comments may be hand-delivered until applicants regarding compliance with the quality of the management plan for 4:30 p.m. (EST) on the date indicated in section 427 of the General Education the proposed project. this Notice. Provisions Act (GEPA), a checklist for (2) In determining the quality of the Please note that the above address is applicants, various assurances, management plan for the proposed not the same address as the one to certifications, and required project, the Secretary considers the which the applicant submits its documentation: following factors: completed application. Do not send a. Instructions for the Application (i) The adequacy of the management applications to the above address. Narrative. plan to achieve the objectives of the Instructions For Transmittal of b. Additional Guidance. proposed project on time and within Applications c. Estimated Public Reporting Burden budget, including clearly defined (a) If an applicant wants to apply for Statement. responsibilities, timelines, and d. Notice to All Applicants. milestones for accomplishing project a grant, the applicant shall— (1) Mail the original and two copies e. Checklist for Applicants. tasks. f. Application for Federal Assistance (ii) The extent to which the time of the application on or before the deadline date to: U.S. Department of (Standard Form 424) and instructions. commitments of the project director and g. Budget Information—Non- principal investigator and other key Education, Application Control Center, # Construction Programs (ED Form No. project personnel are appropriate and Attention (CFDA 84.292B), Washington, D.C. 20202–4725 or 524) and instructions. adequate to meet the objectives of the h. Eligibility Certification. proposed project. (2) Hand-deliver the original and two copies of the application by 4:30 p.m. i. Assurances—Non-Construction Intergovernmental Review of Federal (EST) on or before the deadline date to: Programs (Standard Form 424B) and Programs U.S. Department of Education, instructions. j. Certifications Regarding: Lobbying; This program is subject to the Application Control Center, Attention: # # Debarment, Suspension and Other requirements of Executive Order 12372 (CFDA 84.292B), Room 3633, Regional Office Building #3, 7th and D Responsibility Matters; and Drug-Free (Intergovernmental Review of Federal Workplace Requirements (ED 80–0013) Programs) and the regulations in 34 CFR Streets, SW., Washington, D.C. (b) An applicant must show one of the and instructions. part 79. The objective of the Executive k. Certification Regarding Debarment, order is to foster an intergovernmental following as proof of mailing: (1) A legibly dated U.S. Postal Service Suspension, Ineligibility and Voluntary partnership and to strengthen Exclusion: Lower Tier Covered federalism by relying on State and local postmark. (2) A legible mail receipt with the Transactions (ED 80–0014, 9/90) and processes for State and local instructions. government coordination and review of date of mailing stamped by the U.S. proposed Federal financial assistance. Postal Service. (Note: ED 80–0014 is intended for the use of Applicants must contact the (3) A dated shipping label, invoice, or grantees and should not be transmitted to the Department.) appropriate State Single Point of receipt from a commercial carrier. Contact to find out about, and to comply (4) Any other proof of mailing l. Disclosure of Lobbying Activities with, the State’s process under acceptable to the Secretary. (Standard Form LLL) (if applicable) and Executive Order 12372. Applicants (c) If an application is mailed through instructions. proposing to perform activities in more the U.S. Postal Service, the Secretary An applicant may submit information than one State should immediately does not accept either of the following on a photostatic copy of the application contact the Single Point of Contact for as proof of mailing: and budget forms, the assurances, and each of those States and follow the (1) A private metered postmark. the certifications. However, the procedure established in each State (2) A mail receipt that is not dated by application form, the assurances, and under the Executive order. If you want the U.S. Postal Service. the certifications must each have an to know the name and address of any Notes: (1) The U.S. Postal Service does not original signature. State Single Point of Contact, see the list uniformly provide a dated postmark. Before All applicants must submit ONE published in the Federal Register on relying on this method, an applicant should original signed application, including November 3, 1998 (63 FR 59452 through check with its local post office. ink signatures on all forms and 59455). (2) The Application Control Center will assurances, and TWO copies of the mail a Grant Application Receipt application. Please mark each In States that have not established a Acknowledgment to each applicant. If an process or chosen a program for review, applicant fails to receive the notification of application as ‘‘original’’ or ‘‘copy.’’ No State, areawide, regional, and local application receipt within 15 days from the grant may be awarded unless a entities may submit comments directly date of mailing the application, the applicant completed application has been to the Department. Any State Process should call the U.S. Department of Education received. Recommendation and other comments Application Control Center at (202) 708– FOR FURTHER INFORMATION CONTACT: submitted by a State Single Point of 9495. Milagros Lanauze, U.S. Department of Contact and any comments from State, (3) The applicant must indicate on the Education, 400 Maryland Ave., SW., envelope and—if not provided by the areawide, regional, and local entities Department—in Item 3 of the Application for Room 5086, Switzer Building, must be mailed or hand-delivered by the Federal Assistance (Standard Form 424) the Washington, D.C. 20202–6510. date indicated in this notice to the CFDA number—and suffix letter, if any—of Telephone: (202) 205–9475. Individuals following address: The Secretary, E.O. the competition under which the application who use a telecommunications device 12372—CFDA# 84.292B, U.S. is being submitted. for the deaf (TDD) may call the Federal

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Information Relay Service (FIRS) at 1– complete and review the information Budget 800–877–8339. collection. If you have any comments Individuals with disabilities may concerning the accuracy of the time Budget line items must support the obtain this notice in an alternate format estimate or suggestions for improving goals and objectives of the proposed (e.g., Braille, large print, audiotape, or this form, please write to: U.S. project and must be directly related to computer diskette) on request to the Department of Education, Washington, the instructional design and all other contact person listed in the preceding D.C. 20202–4651. project components. paragraph. Please note, however, that If you have comments or concerns Final Application Preparation the Department is not able to reproduce regarding the status of your individual in an alternate format the standard submission of this form, write directly Use the Checklist for Applicants to forms included in the notice. to: Office of Bilingual Education and verify that your application is complete. Minority Languages Affairs, U.S. Submit three copies of the application, Electronic Access to This Document Department of Education, 400 Maryland including an original copy containing Anyone may view this document, as Avenue, SW., Room 5086, Switzer an original signature for each form well as all other Department of Building, Washington, D.C. 20202–6510. requiring the signature of the authorized Education documents published in the Instructions for the Application representative. Do not use elaborate Federal Register, in text or portable Narrative bindings or covers. The application document format (pdf) on the World package must be mailed or hand- Wide Web at either of the following Mandatory Page Limit for the delivered to the Application Control sites: Application Narrative Center (ACC) and postmarked by the http://ocfo.ed.gov/fedreg.htm The narrative portion of the deadline date. http://www.ed.gov/news.html application must not exceed 50 pages. Submission of Application to State To use the pdf you must have the Adobe These pages must be double-spaced and Educational Agency Acrobat Reader Program with Search, printed on one side only. A legible font size and adequate margins should be which is available free at either of the Section 7116(a)(2) of the ESEA, 20 used. The narrative section must be preceding sites. If you have questions U.S.C. 7426(a)(2), requires all applicants paginated and should include a one- about using the pdf, call the U.S. except schools funded by the Bureau of page abstract. The 50-page limit applies Government Printing Office toll free at Indian Affairs to submit a copy of their to the abstract, proposal narrative, 1–888–293–6498. application to their State educational charts, graphs, tables, graphics, budget agency (SEA) for review and comment. Anyone may also view these narrative, position descriptions (and documents in text copy only on an Section 75.156 of EDGAR requires these resumes, if included), and any applicants to submit their application to electronic bulletin board of the appendices. The page limit does not Department. Telephone: (202) 219–1511 the SEA on or before the deadline date apply to application forms, attachments for submitting their application to the or, toll-free, 1–800–222–4922. The to those forms, assurances, documents are located under Option Department of Education. This section certifications, and the table of contents. of EDGAR also requires applicants to G—Files/Announcements, Bulletins and The page limit applies only to item 11 Press Releases. attach to their application a copy of and not to the other items in the their letter that requests the SEA to Note: The official version of this document Checklist for Applicants. Applications comment on the application (34 CFR is the document published in the Federal with a narrative section that exceeds the 75.156). A copy of this letter should be Register. page limit will not be considered for attached to the Project Documentation Program Authority: 20 U.S.C. 7452. funding. The narrative section should Form contained in this application Dated: April 14, 1999. begin with an abstract that includes a package. Applicants that do not submit Delia Pompa, short description of the population to be a copy of their application to their state Director, Office of Bilingual Education and served by the project, project objectives, educational agency in accordance with Minority Languages Affairs. and planned project activities. these statutory and regulatory Estimated Public Reporting Burden Selection Criteria requirements will not be considered for funding. Statement The narrative should address fully all According to the Paperwork aspects of the selection criteria in the Checklist for Applicants Reduction Act of 1995, no persons are order listed and should give detailed The following forms and other items required to respond to a collection of information regarding each criterion. Do must be included in the application in information unless it displays a valid not simply paraphrase the criteria. Do the order listed below: OMB control number. The valid OMB not include resumes or curriculum vitae control number for this information for project personnel; provide position 1. Application for Federal Assistance collection is OMB No. 1885–0547 (Exp. descriptions instead. Form (OMB No. 1875–0106). 04/30/2002). The time required to Additional Guidance 2. Budget Information Form (ED Form complete this information collection is No. 524). estimated to average 145 hours per Table of Contents response, including the time to review The application should include a 3. Itemized budget for each year. instructions, search existing data table of contents listing the sections in 4. Assurances—Non-Construction resources, gather the data needed, and the order required. Programs Form (SF 424B).

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5. Certifications Regarding Lobbying, 7. Disclosure of Lobbying Activities 11. Application narrative, including Debarment, Suspension and Other Form (SF–LLL). abstract (not to exceed 50 pages). Responsibility Matters; and Drug-Free 8. Copy of letter requesting SEA 12. One original and two copies of the Workplace Requirements Form (ED 80– comment on the application. application for transmittal to the 0013). Education Department’s Application 6. Certification Regarding Debarment, 9. Form on General Education Suspension, Ineligibility and Voluntary Provisions Act (GEPA) Requirement Control Center. Exclusion—Lower Tier Covered (See section entitled NOTICE TO ALL BILLING CODE 4000±01±U Transactions Form (ED 80–0014) (if APPLICANTS (OMB No. 1801–0004)). applicable). 10. Table of Contents.

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[FR Doc. 99–9803 Filed 4–19–99; 8:45 am] BILLING CODE 4000±01±U

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DEPARTMENT OF AGRICULTURE C. Eligibility commit the resources of the Part II—Program Description organization. Cooperative State Research, A. Purpose and Scope of the Program (4) Budget period means the interval Education, and Extension Service B. Available Funds and Award Limitations of time (usually 12 months) into which C. Matching Funds Requirement the project period is divided for Request for Proposals: Community Part III—Preparation of a Proposal A. Program Application Materials budgetary and reporting purposes. Food Projects Competitive Grants (5) Cash contributions means the Program B. Content of a Proposal Part IV—Submission of a Proposal applicant’s cash outlay, including the outlay of money contributed to the AGENCY: Cooperative State Research, A. What to Submit applicant by non-Federal third parties. Education, and Extension Service, B. Where and When to Submit C. Acknowledgment of Proposals (6) Community Food Project is a USDA. Part V—Selection Process and Evaluation project that requires a one-time infusion ACTION: Announcement of availability of Criteria of Federal assistance to become self- grant funds and request for proposals A. Selection Process sustaining and is designed to: (i) Meet (RFP) for the Community Food Projects B. Evaluation Criteria the food needs of low-income people; Competitive Grants Program. Part VI—Supplementary Information (ii) increase the self-reliance of A. Access to Review Information communities in providing for their own SUMMARY: The Federal Agriculture B. Grant Awards C. Use of Funds; Changes food needs; and (iii) promote Improvement and Reform Act of 1996 comprehensive responses to local food, established new authority for a program D. Other Federal Statutes and Regulations that Apply farm, and nutrition issues. These of Federal grants to support the E. Confidential Aspects of Proposals and activities help to increase food security development of community food Awards in a community. projects designed to meet the food needs F. Evaluation of Program (7) Department or USDA means the of low-income people; increase the self- G. Stakeholder Input United States Department of reliance of communities in providing for Part I—General Information Agriculture. their own food needs; and promote (8) Grant means the award by the comprehensive responses to local food, A. Legislative Authority Secretary of funds to a private, non- farm, and nutrition issues. profit entity to assist in meeting the This RFP sets out the objectives for Section 25 of the Food Stamp Act of 1977, as amended by Section 401(h) of costs of conducting, for the benefit of these projects, the eligibility criteria for the public, an identified Community projects and applicants, and the the Federal Agriculture Improvement and Reform Act of 1996 (Pub. L. 104– Food Project which is intended and application procedures. Proposals are designed to accomplish the purpose of requested for projects designed to 127) (7 U.S.C. 2034), authorized a new program of Federal grants to support the the program as identified in these increase food security in a community guidelines. (termed Community Food Projects). development of community food projects; $16 million is authorized over (9) Grantee means the organization This RFP contains the entire set of seven years (1996–2002). For FY 1999, designated in the grant award document instructions needed to apply for a Fiscal approximately $2.5 million is available as the responsible legal entity to which Year (FY) 1999 Community Food ($2.5 million has been authorized in a grant is awarded. Projects Competitive Grants Program each subsequent year through fiscal year (10) Matching means that portion of (CFPCGP) grant. 2002). These grants are intended to project costs not borne by the Federal DATES: APPLICATIONS MUST BE assist eligible private nonprofit entities Government, including the value of RECEIVED ON OR BEFORE June 4, that need a one-time infusion of Federal third party in-kind contributions. (11) Prior approval means written 1999. (See PART IV—SUBMISSION OF dollars to establish and sustain a multi- approval evidencing prior consent by an A PROPOSAL below for information on purpose community food project. where and when to submit an authorized departmental officer as application.) Proposals received after B. Definitions defined in (2) above. (12) Private non-profit entity means June 4, 1999 will be returned without For the purpose of awarding grants review. any corporation, trust, association, under this program, the following cooperative or other organization which FOR FURTHER INFORMATION CONTACT: Dr. definitions are applicable: (i) is operated primarily for scientific, Mark R. Bailey, Cooperative State (1) Administrator means the educational, service, charitable, or Research, Education, and Extension Administrator of the Cooperative State similar purposes in the public interest; Service, U.S. Department of Agriculture, Research, Education, and Extension (ii) is not organized primarily for profit; STOP 2241, 1400 Independence Service and any other officer or and (iii) uses its net proceeds to Avenue, SW., Washington, DC 20250– employee of the Department to whom maintain, improve, and/or expand its 2241; telephone: (202) 401–1898; the authority involved may be operations. For this program, the term Internet: [email protected]., or Dr. delegated. private nonprofit organization excludes Elizabeth Tuckermanty, Cooperative (2) Authorized departmental officer public entities, including State, local, State Research, Education, and means the Secretary or any employee of and Federally recognized Indian tribal Extension Service, U.S. Department of the Department who has the authority to governments. Agriculture, STOP 2240, 1400 issue or modify grant instruments on (13) Project means the particular Independence Avenue, SW., behalf of the Secretary. activity within the scope of the program Washington, DC 20250–2240, telephone: (3) Authorized organizational supported by a grant award. (202) 205–0241; Internet: representative means the president, (14) Project director means the single [email protected] director, or chief executive officer of the individual designated by the grantee in Table of Contents applicant organization or the official, the grant application and approved by Part I—General Information: designated by the president, director, or the Secretary who is responsible for the A. Legislative Authority chief executive officer of the applicant direction and management of the B. Definitions organization, who has the authority to project.

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(15) Project period means the period, request funding for travel to such as increasing food produced or as stated in the award document and Washington, D.C. for two persons to available for a specific group. Goals and modifications thereto, if any, during attend a two to three day meeting. More objectives should integrate economic, which Federal sponsorship begins and information will be provided once social, and environmental impacts such ends. successful applicants are identified. as job training, employment (16) Review experts means a group of The intent of the CFPCGP is to opportunities, small business experts qualified by training and encourage and support community- expansion, neighborhood revitalization, experience in particular fields to give based, grass-roots efforts that enhance open space development, transportation expert advice on the merit of grant food security. Applicants are strongly assistance or other community applications in such fields, and who encouraged to link with academic and/ enhancements. evaluate eligible proposals submitted to or other appropriate professionals, and B. Available Funds and Award this program in their personal and to involve other relevant community- Limitations professional area(s) of expertise. based organizations and local (17) Secretary means the Secretary of government entities, as they plan for The amount of funds available in FY Agriculture and any other officer or and then develop proposals that serve 1999 for support of grant awards under employee of the Department to whom the mutual interests that support this program is approximately the authority involved may be community food security projects. $2,400,000. Applicants should request a delegated. budget commensurate with the project (18) Third Party in-kind contributions Part II—Program Description proposed. However, due to the effort means non-cash contributions of A. Purpose and Scope of the Program required to properly evaluate proposals, property or services provided by non- USDA strongly urges that the Federal Proposals are invited for competitive Federal third parties, including real funds requested for a Community Food grant awards under the CFPCGP for FY property, equipment, supplies and other Project not be less than $10,000. 1999. This program is administered by expendable property, directly The spirit of the authorizing the Cooperative State Research, benefitting and specifically identifiable legislation is that no one grant should Education, and Extension Service to a funded project or program. command a significant portion of the (CSREES) of the U.S. Department of total funds available and that many C. Eligibility Agriculture (USDA). The purpose of this grants be awarded each year. Therefore, Grantees under the CFPCGP are program is to support the development USDA has concluded that no single statutorily limited to private, nonprofit of Community Food Projects with a one- grant shall exceed $100,000 in any entities. Because proposals for time infusion of Federal dollars to make single year or more than $250,000 over Community Food Projects must promote such projects self-sustaining. the life of the project. comprehensive responses to local food, Community Food Projects should be Applicants may request one, two, or farm, and nutrition issues, applicants designed to: (i) Meet the food needs of three years of funding, but in all cases, are encouraged to seek and create low-income people; (ii) increase the the grant term may not exceed three partnerships with public, private self-reliance of communities in years for any one project. A Community nonprofit, and private for-profit entities. providing for their own food needs; and Food Project may be supported by only However, no more than one-third of an (iii) promote comprehensive responses a single grant under this program. award for a Community Food Project to local food, farm, and nutrition issues. Awards will be made based on the may be subawarded to a for-profit Community Food Projects are merit of the proposed project with organization or firm. intended to take a comprehensive budgets considered only after the merits To be eligible for a Community Food approach to developing long-term of the project have been determined. Project grant, a private nonprofit solutions to an identified community USDA reserves the right to negotiate applicant must meet three requirements: food need that help to ensure food final budgets with successful applicants. (1) Have experience in the area of: security in communities by linking the It is intended that the grantee will (a) Community food work that food production and processing sectors perform the substantive effort on the involves the provision of food to low- to community development, economic project. No more than one-third of the income people and familiarity with opportunity, and environmental award, as determined by budget developing new markets in low-income enhancement. Comprehensive solutions expenditures, may be subawarded to communities to enhance their access to may include elements such as: (i) for-profit organizations. For purposes of fresher, more nutritious foods; and/or Improved access to high quality, obtaining additional knowledge or (b) Job training and business affordable food among low-income expertise that is not currently within the development activities for food-related households; (ii) expanded economic applicant organization, funds for expert activities in low-income communities to opportunities for community residents consultation may be included in the All increase the potential for long-term through local businesses or other Other Direct Costs section of the sustainability in the food security economic development, improved proposed budget. project being proposed; employment opportunities, job training, (2) Demonstrate competency to youth apprenticeship, school-to-work C. Matching Funds Requirement implement a project, provide fiscal transition, and the like, and (iii) support Federal funds requested must be accountability and oversight, collect for local food systems, from urban matched, at a minimum, on a dollar-for- data, and prepare reports and other gardening to local farms that provide dollar basis. appropriate documentation; and high quality fresh foods, ideally with Successful applicants must provide (3) Demonstrate a commitment and minimal adverse environmental impact. matching funds, either in cash and/or willingness to share information with Any solution proposed must tie into third party in-kind, amounting to at researchers, evaluators, practitioners, community food needs. least 50 percent of the total cost of the and other interested parties. Project goals should integrate project (i.e., an amount equal to or Successful applicants will be required multiple objectives into their design. greater than the amount of Federal to attend an evaluation training meeting Proposed projects should seek to funds being requested) during the term and should include in their budget address impacts beyond a specific goal of the grant award as provided by

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The summary must be evaluated, including facilities, point font regardless of whether it is self-contained and describe the overall equipment, and services. A grantee may single or double spaced. Use an easily goals and relevance of the project. The provide for the non-Federal share of the readable font face (e.g., Geneva, summary should also contain a listing of funding through State government, local Helvetica, CG Times). Once accepted for the major organizations participating in government, or private sources. review, your proposal will be read by at the project. The Project Summary Examples of matching funds include least three expert reviewers. Thus it is should immediately follow the Table of direct costs such as: Rent for office to your advantage to ensure that your Contents. In addition to the summary, space used exclusively for the funded proposal is not difficult to read. this page must include the title of the project; duplication or postage costs; (b) Each page of the proposal, project, the name of the applicant and staff time from an entity other than including the Project Summary, budget organization, the authorized the applicant for job training or pages, required forms, and appendices, organizational representative, and the nutrition education. should be numbered sequentially in the project director(s), followed by the Part III—Preparation of a Proposal top right corner. summary. (c) The proposal should be stapled in A. Program Application Materials the upper left-hand corner. Do not bind. (5) Project Narrative Program application materials will be An original and 9 copies (10 total) must PLEASE NOTE: The Project Narrative made available to interested entities be submitted in one package, along with shall not exceed 10 pages. This upon request. These materials include 20 copies of the ‘‘Project Summary’’ as maximum has been established to information about the purpose of the a separate attachment. ensure fair and equitable competition. program, how the program will be (2) Cover Page Reviewers are instructed that they need conducted, and the required contents of to read only the first 10 pages of the a proposal, as well as the forms needed Complete Form CSREES–661, Project Narrative and to ignore to prepare and submit grant applications Application for Funding, in its entirety. information on additional pages. The under the program. To obtain program This form is to be utilized as the Cover Project Narrative must repeat and application materials, please contact the Page. In Block 14., note the total amount answer each of the following eight Proposal Services Unit; Office of of Federal dollars being requested. questions ((a) through (h) below): Extramural Programs; Cooperative State (a) Blocks 7., 13., 18., 19., 20., and 21., (a) What is the community and the Research, Education, and Extension have been completed for you. need(s) to be served by the proposed (b) In Block 8., enter ‘‘Community Service; U.S. Department of Agriculture; project? This part of the narrative lays Food Project’’. Ignore all references to a STOP 2245; 1400 Independence the foundation as to the significance of program number. Avenue, SW; Washington, DC 20250– the proposed project. (c) Note that providing a Social 2245; Telephone: (202) 401–5048. When Security Number is voluntary, but is an Succinctly describe critical elements contacting the Proposal Services Unit, integral part of the CSREES information of the local food economy or food please indicate that you are requesting system and will assist in the processing system, demographics, income, and application materials for the FY 1999 of the proposal. geographic characteristics of the area to Community Food Projects Competitive (d) The original copy of the be served and any other pertinent Grants Program. Application for Funding form must information, such as the community’s Application materials may also be contain the pen-and-ink signatures of assets and needs. requested via Internet by sending a the project director(s) and authorized (b) What organizations will be message with your name, mailing organizational representative for the involved in carrying out the proposed address (not e-mail) and telephone applicant organization. project and which segments of the local number to [email protected] that states (e) Note that by signing the food economy or system do they link? that you wish to receive a copy of the Application for Funding form, the This information will inform the application materials for the FY 1999 applicant is providing the required reviewers on the extent to which the Community Food Projects Competitive certifications set forth in 7 CFR part community is involved. Grants Program. The materials will then 3017 regarding Debarment and Include a description of the relevant be mailed to you (not e-mailed) as Suspension and Drug-Free Workplace, experience of the organizations, quickly as possible. You may also and 7 CFR part 3018, regarding including the applicant organization, download this RFP and the application Lobbying. The three certification forms that will be involved, and any project forms by contacting the agency home are included in this application package history. Letters from the organizations page at www.reeusda.gov, and clicking for informational purposes only. It is not involved acknowledging their support on ‘‘Funding Opportunities,’’ that brings necessary to sign and submit the forms and contributions must be provided in up ‘‘All Funding Opportunities,’’ and to USDA as part of the proposal. an appendix to the proposal. Letters then click on ‘‘Community Food specifying the type and amount of Projects Program.’’ (3) Table of Contents support, where appropriate, are strongly B. Content of a Proposal For ease in locating information, each encouraged, for this provides evidence proposal must contain a detailed table of community involvement. Proposals (1) General of contents just after the Cover Page. should demonstrate extensive The proposal should follow these The Table of Contents should include community linkages and coalitions. guidelines, enabling reviewers to more page numbers for each component of the (c) What are the goals or purposes to easily evaluate the merits of each proposal. Page numbers, shown in the be achieved by the proposed project?

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List these goals and/or purposes of the met). Applicants should seek the help of consumer with the rural food producer; project and a justification for the goals experts in evaluation design and aiding citizens in leaving public in terms of the needs stated above. implementation as appropriate. assistance and achieving self- (d) How will the goals be achieved? (g) How does the proposed project sufficiency; and utilizing micro Provide a systematic description of address each of the following issues: (i) enterprise and/or development projects the approach by which the goals will be Development of innovative linkages and related to community food needs. accomplished. coalitions between two or more sectors Relevant ongoing USDA and other (e) What are the major milestones that of the food system; Federal initiatives include farmers’ will indicate progress toward achieving (ii) support for entrepreneurial and markets; USDA’s Office of Sustainable the project goals? job-training projects; and Development and Small Farms; USDA Provide a time line or description for (iii) encouragement of both short-term and U.S. Department of Housing and accomplishing major project objectives. and long-term planning activities that Urban Development designated (f) The legislation outlines three major encompass many agencies and Empowerment Zones, Enterprise objectives of the CFPCGP: (i) Meet the organizations with different food Communities; and the AmeriCorps food needs of low-income people; security interests and missions in order National Service Program (a potential (ii) increase the self-reliance of to promote multi-system, interagency source of staff support for Community communities in providing for their own approaches? Food Projects). food needs; and Provide a description of how each of Applicants should also recognize the (iii) promote comprehensive these issues, as appropriate, will be role played by food and nutrition responses to local food, farm and addressed. Entrepreneurial projects assistance programs administered by nutrition issues. should provide evidence (e.g., in the USDA and may want to discuss in their What measures will be used to assess form of a market analysis or the outline proposals the utilization of these project progress toward each of these of a business plan) to demonstrate that programs by the community and the three objectives? How will you assess it is likely to become self-sustaining and connection to the proposed Community whether or to what degree the project provide employees with important job Food Project. These programs include: achieves these outcomes? skills. the Food Stamp Program; child For example, an applicant may (h) What are the plans for achieving nutrition programs such as the School propose to develop a farmers’ market in self-sustainability? Lunch, School Breakfast, Women, a low-income urban area, selling Describe why a one-time infusion of Infants, and Children (WIC) produce grown by farmers in the Federal funds will be sufficient for the Supplemental Nutrition, Child and surrounding area, and employing staff proposed Community Food Project to Adult Care Food, and Summer Food from both the urban and rural advance local capacity-building and Service Programs; and commodity communities. The goals may be to deliver sustainability. distribution programs. increase access to fresh produce by (6) Supplementary Considerations Applicants also should be cognizant community residents (addresses of resources available from other objective (i), increase employment and In drafting the project narrative, Federal programs with similar or related the income of farmers (addresses applicants should keep in mind the goals, such as the Community Food and objective (ii), and reduce the extent of intent of the program. Proposed projects Nutrition Program (CFNP) and Job poor nutrition among low-income should seek solutions rather than be Opportunities for Low-Income residents (addresses objective (iii). focused on short-term food relief. They Individuals (JOLI) program Possible outcome measures are the should seek comprehensive solutions to administered by the Office of change in the consumption of produce problems across all levels of the food Community Services within the U.S. by customers, the number of jobs system from producer to consumer. This Department of Health and Human created by the market, and the change point is emphasized because many Services. in income experienced by the farmers proposals submitted previously were Some solutions to food access supplying the market. primarily for expanding applicant problems may come from beyond a Community Food Project proposals efforts in food relief and assistance, or community’s own boundaries, since should contain a strong evaluation for connecting established or partially most food also comes from outside. component. Innovative evaluation established programs (such as However, wherever possible, strategies are especially encouraged. community gardens and farmers’ Community Food Projects should Evaluations should focus on the markets) with little evidence of strategic support food systems based on strategies measurement of success in meeting the planning and participation by that improve the availability of high- major objectives of the CFPCGP. As stakeholders in the proposed project quality locally or regionally produced required by the statute, a national design. Proposals must emphasize a foods to low-income people. evaluation of the CFPCGP is being food system and/or food security Community Food Projects are planned. Additional information on approach (i.e., an applicant must intended to bring together stakeholders how the evaluation process will affect describe the large food-related picture in from the distinct parts of the food projects funded under the program will the community and the place of the system. Solutions to hunger and access be provided in the future. proposed project within it). They must to food should reflect a process that Through CFPCGP project operations also show evidence of information involves partnership building among and an evaluation of them, USDA also sharing, coalition building, and the public, private nonprofit, and hopes to learn more about what happens substantial community linkages. private for-profit sectors. Together, these to make such projects succeed, partially Applicants should be aware of several parties can address issues such as: the succeed, or fail. Therefore, proposals are USDA policy themes and initiatives that capacity of the community to produce encouraged that include both process have the potential to strengthen the food and support local growers; the evaluations (developing and monitoring impact and success of some community need for, and location of, grocery stores indicators of progress towards the food projects. These include food that market affordable, high quality objectives) and outcome evaluations (to recovery and gleaning efforts; food; transportation constraints; determine whether the objectives were connecting the low-income urban economic opportunities for residents to

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Community Food Projects should not • A local food policy council may Applicants must also include a budget be designed to merely support develop and implement a plan that narrative or explanation sheet to explain individual food pantries, farmers’ creates several new food ventures, and justify their budgets. markets, community gardens or other including a new supermarket in a low- The relative merits of each proposal established projects. Rather, proposed income neighborhood. The council are judged without initially considering Community Food Projects should build serves as the planning and coordinating proposed budgets. Once proposals are on these experiences and encourage entity that brings together local farmers, ranked based on the evaluation criteria, innovative long-term efforts. A project for-profit food operators such as then budgets are closely examined. should be designed to endure and restaurants, processors, and retailers Thus, applicants should attach an outlive the one-time infusion of with low-income neighborhood explanation for all budget items to the government and other matching funds. development organizations and job budget form. Such information is useful Community Food Projects should be training groups, emergency food to the reviewers and CSREES staff in intended to become self-supporting (or providers, city hall, and other making final budget recommendations have a sustainable funding source) and community service entities. to the Administrator. expand or prove to be a replicable • Developing a comprehensive (b) Matching Funds. (1) Proposals model. community response to job and food should include written verification of The primary objectives of the CFPCGP needs by creating job opportunities in commitments of matching support are to increase the food self-reliance of food-related activities that respond to (including both cash and in-kind communities; promote comprehensive the needs of local businesses, building contributions) from third parties. responses to local food, farm and technical expertise that leads to well- Written verification means: nutrition issues; develop innovative paid jobs. It will be necessary to bring (i) For any third party cash linkages between the public, for-profit, together resources that facilitate the contributions, a separate pledge and nonprofit food sectors; and development of work skills, work ethics, agreement for each donation, signed by encourage long-term planning activities education completion and that respond the authorized organizational and multi-system inter-agency to community food and nutrition needs. representatives of the donor approaches. The following are some organization and the applicant (7) Key Personnel examples of these objectives in practice: organization, which must include: (a) • Developing a working link between Identify the key personnel to be The name, address, and telephone a food bank and area farmers to market involved in the project, including the number of the donor; (b) the name of the fresh produce to a community through project director, if known. (An applicant organization; (c) the title of community-supported agriculture. organizational chart may be included if the project for which the donation is Community members provide the available.) What is their relevant made; (d) the dollar amount of the cash financial support while the project experience? Include resumes or vitae donation; and (e) a statement that the develops links to institutions such as that provide adequate information for donor will pay the cash contribution restaurants, food pantries, schools, and proposal reviewers to make an informed during the grant period; and other institutions. The process increases judgment as to the capabilities and (ii) For any third party in-kind community awareness and commitment experience of the key personnel. For contributions, a separate pledge to local agriculture, while providing new positions in the project or for agreement for each contribution, signed farmers a local market for their goods, positions that are currently unfilled, a by the authorized organizational thereby expanding the supply of and job description should be provided. representatives of the donor access to high-quality food. organization and the applicant (8) Budget • Implementing a comprehensive organization, which must include: (a) strategic plan for a lower-income (a) Budget Form: Prepare the budget The name, address, and telephone neighborhood to increase residents’ form in accordance with instructions number of the donor; (b) the name of the access to high-quality, affordable food provided with the form. A budget form applicant organization; (c) the title of through farmers’ markets, community is required for each year of requested the project for which the donation is gardens, supermarkets, and other food support. In addition, a cumulative made; (d) a good faith estimate of the programs. Such a plan should include budget is required detailing the current fair market value of the third transportation assistance, business requested total support for the overall party in-kind contribution; and (e) a development, and/or neighborhood project period. (For example, for a three- statement that the donor will make the improvement. As with other sector year project, the proposal would include contribution during the grant period. planning, the community participates in four budget forms; one for each of the (2) The sources and amount of all identifying its food-related priorities three years of the project and one matching support from outside the and works with institutions through a cumulative budget for the full three applicant institution should be collaborative interagency process to years.) A detailed line-item breakdown summarized on a separate page and meet its objectives. of matching contributions should be placed in the proposal immediately • Developing a system of community submitted on separate pages following following the budget form. All pledge farm stands sponsored by neighborhood each yearly budget and the cumulative agreements must be placed in the organizations and managed by youth budget. The budget form may be proposal immediately following the that sell locally grown produce in low- reproduced as needed by applicants. summary of matching support. income communities. The project Funds may be requested under any of (3) The value of applicant provides skills training and/or jobs and the categories listed on the form, contributions to the project shall be aims to become self-supporting within a provided that the item or service for established in accordance with reasonable time. It increases which support is requested is allowable applicable cost principles. Applicants participants’ understanding of the food under the authorizing legislation, the should refer to OMB Circulars A–110,

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Uniform Administrative Requirements therefor. If it is the applicant’s opinion identification number, please cite that for Grants and Other Agreements With that the proposed project falls within number in future correspondence. Institutions of Higher Education, the categorical exclusions, the specific Part V—Selection Process and Hospitals and Other Non-profit exclusion must be identified. Form Evaluation Criteria Organizations, and A–122, Cost CSREES–1234 and supporting Principles for Non-Profit Organizations, documentation should be the last page A. Selection Process for further guidance and other of the proposal. Proposals must be received on or requirements relating to matching and Even though a project may fall within before June 4, 1999. Since the award allowable costs. the categorical exclusions, CSREES may process must be completed by determine that an Environmental (9) Current and Pending Support September 30, 1999, applicants should Assessment or an Environmental Impact All proposals must list any other submit fully developed proposals that Statement is necessary for an activity. meet all the requirements set forth in current public or private support This will be the case if substantial (including in-house support) to which this RFP and have fully developed controversy on environmental grounds budgets as well. However, USDA does key personnel identified in the proposal exists or if other extraordinary have committed portions of their time, retain the right to conduct discussions conditions or circumstances are present with applicants to resolve technical whether or not salary support for which may cause such activity to have person(s) involved is included in the and/or budget issues as it deems a significant environmental effect. necessary. budget. Analogous information must be However, this rarely occurs. provided for any pending proposals that Each proposal will be evaluated in a are being considered by, or that will be Part IV—Submission of a Proposal two-part process. First, each proposal will be screened to ensure it meets the submitted in the near future to, other A. What To Submit possible sponsors, including other basic eligibility requirements as set forth USDA programs or agencies. Concurrent An original and nine copies of the in this RFP. Proposals not meeting the submission of identical or similar complete proposal must be submitted. requirements as set forth in this RFP proposals to other possible sponsors Each copy of the proposal must be will be returned without review. will not prejudice proposal review or stapled in the upper left-hand corner. Second, each proposal that meets the evaluation by the Administrator for this DO NOT BIND. In addition, submit 20 eligibility requirements will be purpose. However, a proposal that copies of the proposal’s Project evaluated and judged on its merits by duplicates or overlaps substantially Summary. All copies of the proposal expert reviewers. with a proposal already reviewed and and Project Summary must be submitted A number of individual experts will funded (or that will be funded) by in one package. review and evaluate each proposal that is accepted for review basing their another organization or agency will not B. Where and When To Submit be funded under this program. The evaluation on the stated criteria. The application material includes Form Proposals must be received by June 4, reviewers will be selected from among CSREES–663, Current and Pending 1999. Proposals that are hand-delivered, those recognized as uniquely qualified Support, which is suitable for listing delivered by courier, or sent via by training and experience in their current and pending support. Note that overnight delivery services must be sent respective fields to render expert advice the project being proposed should be or delivered to: on the merit of proposals being included in the proposed section of the Community Food Projects reviewed. These reviewers will be form. Competitive Grants Program c/o drawn from a number of areas, among Proposal Services Unit, them government, universities, and (10) Compliance With the National Office of Extramural Programs, other pertinent entities involved Environmental Policy Act (NEPA) USDA/CSREES, Room 303, Aerospace primarily in community food security As outlined in 7 CFR part 3407 (the Center, 901 D Street, SW, Washington, organizations or activities. The views of Cooperative State Research, Education, DC 20024, Telephone: (202) 401–5048. the individual reviewers will be used by and Extension Service regulations Note: Applicants are strongly encouraged CSREES to determine which proposals implementing NEPA), the to submit their completed proposals via will be recommended to the environmental data for any proposed overnight mail or delivery services to ensure Administrator for funding. project is to be provided to CSREES so timely receipt by the USDA. Proposals will be ranked relative to all that CSREES may determine whether Proposals sent via the U.S. Postal those received, and ranking will be any further action is needed. In most Service must be sent to the following based on how well the applicant cases, based on previously funded address: Community Food Projects answered the eight questions in the projects, the preparation of Competitive Grants Program, c/o Project Narrative, the potential for environmental data is not usually Proposal Services Unit, Office of achieving project goals and objectives, required. Certain categories of actions Extramural Programs, USDA/CSREES, the extent to which appropriate are excluded from the requirements of STOP 2245, 1400 Independence community organizations are involved, NEPA. Avenue, SW, Washington, DC 20250– and whether, in the judgment of the In order for CSREES to determine 2245, Telephone: (202) 401–5048. reviewers, the project will become self- whether any further action is needed sustaining. Final approval for those with respect to NEPA, pertinent C. Acknowledgment of Proposals proposals recommended for an award information regarding the possible The receipt of all proposals will be will be made by the agency environmental impacts of a particular acknowledged in writing and by e-mail, Administrator (or designee). project is necessary; therefore, Form therefore applicants are encouraged to There is no commitment by USDA to CSREES–1234, NEPA Exclusions Form, provide e-mail addresses, where fund any particular proposal or to make must be included in the proposal designated, on the Form CSREES–661. a specific number of awards. Care will indicating whether the applicant is of The acknowledgment will contain an be taken to avoid actual, potential, and/ the opinion that the project falls within identifying proposal number. Once your or the appearance of conflicts of interest a categorical exclusion and the reasons proposal has been assigned an among reviewers. Evaluations will be

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Access To Review Information director(s) chosen to direct and control weighted relative to each other, and Copies of summary reviews will be approved activities; assigned a point value, as noted in the sent to all applicant project directors (d) Identifying grant number assigned parentheses following each criteria automatically, as soon as possible after by the Department; discussion. the review process has been completed. (e) Project period, specifying the (1) The degree to which the proposed The identity of the individual expert amount of time the Department intends project addresses the three statutory reviewers will not be provided. to support the project without requiring objectives of the CFPCGP, namely (i) recompetition for funds; meet the food needs of low-income B. Grant Awards (f) Total amount of Departmental people; (ii) increase the self-reliance of (1) General financial assistance approved by the communities in providing for their own Administrator during the project period; food needs; and (iii) promote Within the limit of funds available for (g) Legal authority(ies) under which comprehensive responses to local food, such purpose, the awarding official of the grant is awarded; farm, and nutrition issues (25 points); CSREES shall make grants to those (h) Approved budget plan for responsible, eligible applicants whose (2) The food security problem(s) being categorizing allocable project funds to proposals are judged most meritorious discussed, including an informative accomplish the stated purpose of the under the procedures set forth in this description of the community, its grant award; and request for proposals. The date specified characteristics, assets, and needs (10 (i) Other information or provisions by the Administrator as the effective points); deemed necessary by CSREES to carry date of the grant shall be no later than (3) The goals and purposes of the out its respective granting activities or September 30 of the Federal fiscal year project and how these goals will be to accomplish the purpose of a in which the project is approved for achieved. The Secretary, in accordance particular grant. support and funds are appropriated for with the legislation authorizing this The notice of grant award, in the form such purpose, unless otherwise program, will give preference to of a letter, will be prepared and will permitted by law. It should be noted proposed projects that include one or provide pertinent instructions or that the project need not be initiated on more of the following goals, which will information to the grantee that is not the grant effective date, but as soon be given equal weight: (i) Developing included in the grant award document. thereafter as practical so that project linkages between two or more sectors of CSREES will award standard grants to goals may be attained within the funded the food system; (ii) supporting the carry out this program. A standard grant project period. All funds granted by development of entrepreneurial is a funding mechanism whereby CSREES under this request for proposals activities as part of the proposed project; CSREES agrees to support a specified shall be expended solely for the purpose (iii) developing innovative linkages level of effort for a predetermined time for which the funds are granted in between the for-profit and nonprofit period without additional support at a accordance with the approved food sectors; and (iv) encouraging long- future date. application and budget, the regulations, term planning activities and multi- the terms and conditions of the award, C. Use of Funds; Changes system, interagency approaches (25 the applicable Federal cost principles, points); (1) Delegation of Fiscal Responsibility and the Department’s assistance (4) A discussion of the organizations, regulations (parts 3015, 3016, and 3019 The grantee may not in whole or in including the applicant entity, to be of 7 CFR). part delegate or transfer to another involved in the proposed project, person, institution, or organization the highlighting their relevant experience (2) Organizational Management responsibility for use or expenditure of and extent of support. The extent to Information grant funds. which an applicant private, nonprofit Specific management information (2) Performance Reporting Requirements organization can demonstrate a history relating to an applicant shall be of commitment to and direct submitted on a one-time basis as part of The grantee must prepare an annual involvement in food security projects in the responsibility determination prior to report that details all significant low income communities or in the award of a grant identified under activities towards achieving the goals communities with low income groups is this part if such information has not and objectives of the project. The an important evaluation element. The been provided previously under this or narrative should be succinct and be no qualifications of staff involved with the another program for which the longer than five pages, using 12-point, proposed project and/or organizational sponsoring agency is responsible. single-spaced type. leadership should reflect the expertise Copies of forms recommended for use in (3) Changes in Project Plans necessary to carry out the proposed fulfilling the requirements contained in activities or similar types of activities. this section will be provided by the (a) The permissible changes by the Experience in and connections with the sponsoring agency as part of the grantee, project director(s), or other key community will be considered as preaward process. project personnel in the approved important as academic or professional project grant shall be limited to changes credentials in this regard (15 points); (3) Grant Award Document and Notice in methodology, techniques, or other (5) The viability of plans for achieving of Grant Award aspects of the project to expedite self-sufficiency with a one-time infusion The grant award document shall achievement of the project’s approved of federal funds (15 points); include at a minimum the following: goals. If the grantee and/or the project

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The grantee and approved in writing by the (Nonprocurement) and original copy of a proposal that does not ADO prior to effecting such changes. In Governmentwide Requirements for result in a grant will be retained by the no event shall requests for such changes Drug-Free Workplace (Grants). Agency for a period of one year. Other be approved which are outside the 7 CFR part 3018—USDA copies will be destroyed. Such a scope of the original approved project. implementation of Restrictions on proposal will be released only with the (c) Changes in approved project Lobbying. Imposes prohibitions and consent of the applicant or to the extent leadership or the replacement or requirements for disclosure and required by law. A proposal may be reassignment of other key project certification related to lobbying on withdrawn at any time prior to the final personnel shall be requested by the recipients of Federal contracts, grants, action thereon. grantee and approved in writing by the cooperative agreements, and loans. awarding official of CSREES prior to 7 CFR part 3019—USDA F. Evaluation of Program effecting such changes. implementation of OMB Circular A– (d) Changes in Approved Budget: 110, Uniform Administrative Section 25(h) of the Food Stamp Act Changes in an approved budget must be Requirements for Grants and Other of 1977, as amended, requires USDA to requested by the grantee and approved Agreements With Institutions of provide for an evaluation of the success in writing by the ADO prior to Higher Education, Hospitals, and of community food projects supported instituting such changes if the revision Other Nonprofit Organizations. under this authority. All grantees shall will involve transfers or expenditures of 7 CFR part 3052—USDA be expected to assist USDA by amounts requiring prior approval as set implementation of OMB Circular No. providing relevant information on their forth in the applicable Federal cost A–133, Audits of States, Local respective projects. principles or the Departmental Governments, and Non-profit Applicants need to plan for their own regulations, unless prescribed otherwise Organizations. internal self-assessments and in the terms and conditions of a grant. 7 CFR part 3407—CSREES procedures evaluations to measure the effectiveness to implement the National D. Other Federal Statutes and of each project. Environmental Policy Act of 1969, as Regulations that Apply amended. G. Stakeholder Input Several other Federal statutes and 29 U.S.C. 794 (section 504, regulations apply to grant proposals Rehabilitation Act of 1973) and 7 CFR CSREES has determined that this considered for review and to project part 15B (USDA implementation of program is not an agricultural research, grants awarded under this program. statute)—prohibiting discrimination extension, or education program for the These include but are not limited to: based upon physical or mental purposes of section 103(c)(2) of the 7 CFR part 1—USDA implementation of handicap in Federally assisted Agricultural Research, Extension, and the Freedom of Information Act. programs. Education Reform Act of 1998 (‘‘1998 7 CFR part 3—USDA implementation of 35 U.S.C. 200 et seq.—Bayh-Dole Act, Act’’), 7 U.S.C. 7613(c)(2). Therefore, OMB Circular No. A–129 regarding controlling allocation of rights to CSREES is not required by statute to debt collection. inventions made by employees of small solicit stakeholder input regarding this 7 CFR part 15, subpart A—USDA business firms and domestic nonprofit RFP. CSREES, however, always implementation of Title VI of the Civil organizations, including universities, in welcomes constructive comments from Rights Act of 1964, as amended. Federally assisted programs interested parties regarding an RFP or 7 CFR part 3015—USDA Uniform (implementing regulations are contained particular program. Such comments for Federal Assistance Regulations, in 37 CFR Part 401). this program may be sent to the contact implementing OMB directives (i.e., listed in the preamble of this notice. Circular Nos. A–21 and A–122) and E. Confidential Aspects of Proposals Done at Washington, DC, this 14th day of incorporating provisions of 31 U.S.C. and Awards April 1999. 6301–6308 (formerly the Federal When a proposal results in a grant, it Grant and Cooperative Agreement Act becomes a part of the record of the Colien Hefferan, of 1977, Pub. L. 95–224), as well as Agency’s transactions, available to the Acting Administrator, Cooperative State general policy requirements public upon specific request. Research, Education, and Extension Service. applicable to recipients of Information that the Secretary [FR Doc. 99–9820 Filed 4–19–99; 8:45 am] Departmental financial assistance. determines to be of a privileged nature BILLING CODE 3410±22±P

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Reader Aids Federal Register Vol. 64, No. 75 Tuesday, April 20, 1999

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING APRIL

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 7 CFR 3 CFR 6...... 17501 Presidential Documents Proclamations: 254...... 17085 Executive orders and proclamations 523±5227 7177...... 17075 301...... 15916 The United States Government Manual 523±5227 7178...... 17077 760...... 17942 7179...... 17499 801...... 19019 Other Services 7180...... 17939 916...... 19022 7181...... 18317 Electronic and on-line services (voice) 523±4534 917...... 19022 7182...... 18321 523±3187 981...... 18800 Privacy Act Compilation 7183...... 19017 Public Laws Update Service (numbers, dates, etc.) 523±6641 1079...... 19034 Executive Orders: 1361...... 18323 TTY for the deaf-and-hard-of-hearing 523±5229 11223 (Amended by 1437...... 17271 EO 13118)...... 16595 1477...... 18553 ELECTRONIC RESEARCH 11269 (Amended by 1728...... 17219 EO 13118)...... 16595 1753...... 16602 World Wide Web 11958 (Amended by Proposed Rules: Full text of the daily Federal Register, CFR and other EO 13118)...... 16595 28...... 15937 publications: 12163 (Amended by 340...... 16364 EO 13118)...... 16595 http://www.access.gpo.gov/nara 905...... 15634 12188 (Amended by 944...... 15634 Federal Register information and research tools, including Public EO 13118)...... 16595 1000...... 16026 Inspection List, indexes, and links to GPO Access: 12260 (Amended by 1001...... 16026 http://www.nara.gov/fedreg EO 13118)...... 16595 1002...... 16026 12293 (Amended by 1004...... 16026 E-mail EO 13118)...... 16595 1005...... 16026 PENS (Public Law Electronic Notification Service) is an E-mail 12301 (Amended by 1006...... 16026 service that delivers information about recently enacted Public EO 13118)...... 16595 1007...... 16026 Laws. To subscribe, send E-mail to 12599 (Amended by 1012...... 16026 EO 13118)...... 16595 [email protected] 1013...... 16026 12703 (Amended by 1030...... 16026 with the text message: EO 13118)...... 16595 1032...... 16026 subscribe publaws-l 12884 (Amended by 1033...... 16026 EO 13118)...... 16595 1036...... 16026 Use [email protected] only to subscribe or unsubscribe to 12981 (Amended by 1040...... 16026 PENS. We cannot respond to specific inquiries at that address. EO 13117)...... 16391 1044...... 16026 Reference questions. Send questions and comments about the 13116...... 16333 1046...... 16026 Federal Register system to: 13117...... 16591 1049...... 16026 [email protected] 13118...... 16595 1050...... 16026 13119...... 18797 1064...... 16026 The Federal Register staff cannot interpret specific documents or Administrative Orders: 1065...... 16026 regulations. Presidential Determinations: 1068...... 16026 No. 99-18 of March 25, 1076...... 16026 FEDERAL REGISTER PAGES AND DATES, APRIL 1999 ...... 16337 1079...... 16026, 19071 No. 99-19 of March 31, 1106...... 16026 15633±15914...... 1 1999 ...... 17081 1124...... 16026 15915±16332...... 2 No. 99-20 of March 31, 1126...... 16026 16333±16600...... 5 1999 ...... 17083 1131...... 16026 16601±16796...... 6 No. 99-21 of April 8, 1134...... 16026 16797±17078...... 7 1999 ...... 18551 1135...... 16026 17079±17270...... 8 Memorandums: 1137...... 16026 17271±17500...... 9 March 23, 1999 1138...... 16026 17501±17940...... 12 (Amended by EO 1139...... 16026 17941±18322...... 13 13118) ...... 16595 1205...... 19072 1220...... 18831 18323±18550...... 14 March 31, 1999 ...... 17079 1306...... 19084 18551±18796...... 15 5 CFR 1309...... 19084 18797±19016...... 16 3418...... 18534 19017±19250...... 19 351...... 16797 19251±19438...... 20 532...... 15915, 17941 870...... 16601 8 CFR 890...... 15633 103...... 17943 1200...... 15916 Proposed Rules: 2411...... 18799 2...... 17128

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9 CFR 18835, 18840, 18842, 18845, 21 CFR 7...... 17588 19096 1...... 15918 26...... 16347 28 CFR 3...... 15918, 19251 65...... 18302 201...... 18571 71 ...... 15708, 16024, 16368, 312...... 19269 16...... 17977 Proposed Rules: 77...... 19273 16369, 16370, 16371, 17133, 330...... 18571 72...... 17573 17717, 17983, 17984, 18392, 504...... 17270 93...... 16655 331...... 18571 18481, 18584, 19310, 19312, Proposed Rules: 201...... 15938 341...... 18571 19313, 19314, 19316, 19317 346...... 18571 65...... 17128 91...... 17293, 18302 10 CFR 355...... 18571 29 CFR 105...... 18302 358...... 18571 2...... 15636, 15920 1926...... 18809 108...... 19220 369...... 18571 10...... 15636 119...... 16298, 18302 4044...... 18575 11...... 15636 510...... 15683, 18571 121...... 16298, 18766 Proposed Rules: 25...... 15636 520 ...... 15683, 15684, 18571, 125...... 18766 18572 1...... 17442 40...... 17506 5...... 17442 129...... 16298 522 ...... 15683, 15685, 18573 50...... 17944, 17947 135 ...... 16298, 17293, 18766 72...... 17510 556...... 18573 30 CFR 145...... 18766 558...... 15683, 18574 73...... 17947 183...... 16298 920...... 17978 95...... 15636 701...... 18571 935...... 17980 874...... 18327 Proposed Rules: 15 CFR Proposed Rules: 30...... 18833 882...... 18327 738...... 17968 46...... 18498, 18528 39...... 19089 890...... 18329 740...... 17968 48...... 18498 40...... 18833 900...... 18331 742...... 17968 206...... 15949, 17990 70...... 18833 Proposed Rules: 748...... 17968 250...... 19318 170...... 15876, 18835 1...... 15944 762...... 17968 700...... 18585 171...... 15876, 18835 101...... 15948, 17295 774...... 17968 740...... 18585 310...... 17985 746...... 18585 12 CFR 16 CFR 1308...... 17298, 750...... 18585 3...... 19034 17299 934...... 18586 Proposed Rules: 208...... 19034 22 CFR 935...... 18857 213...... 16612 241...... 18081 948...... 19327 225...... 19034 256...... 18081 Ch. II ...... 15685 Ch. VI...... 15686 31 CFR 226...... 16614 17 CFR 325...... 19034 121...... 17531 210...... 17472 330...... 15653 275...... 15680 123...... 17531 32 CFR 611...... 16617 279...... 15680 124...... 17531 620...... 16617 Proposed Rules: 126...... 17531 812...... 17101 790...... 17085 1...... 17439 171...... 18808 863...... 17545 935...... 16618, 16788 230...... 18481 201...... 17535 33 CFR Proposed Rules: 240...... 18393, 18481 514...... 17975, 17976 933...... 16792 270...... 18481 Proposed Rules: 100 ...... 16348, 16812, 16813 934...... 16792 514...... 17988 117 ...... 16350, 16641, 17101, 18 CFR 18576 935...... 16792 23 CFR 1750...... 18084 1b...... 17087 155...... 18576 284...... 17276 1327...... 19269 165 ...... 16348, 16641, 16642, 13 CFR 343...... 17087 Proposed Rules: 17439, 18577, 18810, 18814 115...... 18324 385...... 17087 777...... 16870 187...... 19039 334...... 18580 Proposed Rules: 19 CFR 24 CFR 107...... 18375 Proposed Rules: 120...... 15942 10...... 16345 100...... 16324 100...... 18587 121...... 15708 12...... 17529 103...... 18538 117...... 17134 18...... 16345 Proposed Rules: 154...... 17222 14 CFR 113...... 16345 990...... 17301 175...... 15709 177...... 15709 39 ...... 15657, 15659, 15661, 122...... 18566 25 CFR 179...... 15709 15669, 15920, 16339, 16621, 178...... 16635, 16345 181...... 15709 16624, 16625, 16801, 16803, 192...... 16635 291...... 17535 183...... 15709 16805, 16808, 16810, 17086, Proposed Rules: Proposed Rules: 17512, 17514, 17522, 17524, 19...... 16865 Ch. I ...... 18585 34 CFR 151...... 17574 17947, 17949, 17951, 17954, 146...... 15873 682...... 18974 17956, 17950, 17961, 17962, 26 CFR 17964, 17966, 18324, 18802, 20 CFR 36 CFR 1...... 15686, 15687 18804, 18806, 19254 404...... 17100, 18566 Proposed Rules: 71 ...... 15673, 15674, 15675, 416...... 18566 7...... 15687 1...... 17293 15676, 15678, 15679, 16024, 652...... 18662 31...... 15687 2...... 17293 16340, 16341, 16342, 16343, 660...... 18662 301...... 16640, 17279 3...... 17293 16344, 17219, 17934, 18563, 661...... 18662 602 ...... 15687, 15688, 15873, 4...... 17293 19255, 19257, 19258, 19259, 662...... 18662 17279 5...... 17293 19260, 19261, 19262, 19263, 663...... 18662 Proposed Rules: 6...... 17293 19265, 19266, 19267, 19268 664...... 18662 1...... 16372 7...... 17293 91...... 15912 665...... 18662 301...... 19217 93...... 17439 666...... 18662 39 CFR 27 CFR 95...... 18563 667...... 18662 20...... 19039 97 ...... 17277, 17526, 17528 668...... 18662 178...... 17291 111...... 16814, 17102 Proposed Rules: 669...... 18662 Proposed Rules: 39 ...... 16364, 16366, 16656, 670...... 18662 4...... 17588 40 CFR 17130, 18382, 18384, 18386, 671...... 18662 5...... 17588 52 ...... 15688, 15922, 17102,

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17545, 17548, 17551, 17982, 3130...... 17598 47 CFR 49 CFR 18815, 18816, 18818, 18821, 3160...... 17598 1...... 19057 195...... 15926 19277, 19281, 19283, 19286 533...... 16860 62...... 17219, 19290 44 CFR 43...... 19057 63...... 19057 571...... 16358 63 ...... 17460, 17555, 18824 65...... 17567, 17569 69...... 16353 581...... 16359 81...... 17551 67...... 17571 73 ...... 17108, 19067, 19299 Proposed Rules: 90...... 16526 Proposed Rules: Proposed Rules: 107...... 18786 180 ...... 16840, 16843, 16850, 67...... 17598 16856, 17565, 18333, 18339, 0...... 16388 171...... 16882 18346, 18351, 18357, 18359, 45 CFR 1...... 16661 177...... 16882 18360, 18367, 18369, 19042, 178...... 16882 260...... 17720 2...... 16687 19050 180...... 16882 261...... 17720 25...... 16880, 16687 261...... 16643 192...... 16882, 16885 262...... 17720 69...... 16389 300...... 15926, 16351 195...... 16882, 16885 263...... 17720 73 ...... 15712, 15713, 15714, Proposed Rules: 571...... 19106 264...... 17720 15715, 16388, 16396, 17137, 52 ...... 15711, 15949, 16659, 578...... 16690 265...... 17720 17138, 17139, 17140, 17141, 17136, 17589, 17592, 17593, 611...... 17062 283...... 18484 17142, 17143, 18596, 18871, 17990, 18858, 18860, 18861, 1224...... 19293 18872, 18873 18862, 19097, 19330, 19331, 1611...... 17108, 18372 76...... 16388 50 CFR 19332 62...... 19333 2508...... 19293 17 ...... 15691, 17110, 19300 63...... 17465, 18862 Proposed Rules: 48 CFR 229...... 17292 1635...... 16383 70...... 16659 231...... 18827 600...... 16862 2522...... 17302 81...... 17593, 18864 232...... 18828 648 ...... 15704, 16361, 16362, 2525...... 17302 82...... 16373 235...... 18829 18582 2526...... 17302 660 ...... 16862, 17125, 19067 112...... 17227 252...... 18828 2527...... 17302 679 ...... 16361, 16362, 16654, 180...... 16874 701...... 16647 2528...... 17302 17126, 18373, 19069 185...... 16874 703...... 16647 186...... 16874 2529...... 17302 697...... 19069 715...... 16647, 19217 194...... 18870 Proposed Rules: 46 CFR 722...... 18481 300...... 17593 17 ...... 16397, 16890, 18596, 731...... 16647 32...... 18576 19108, 19333 732...... 18481 41 CFR Proposed Rules: 20...... 17308 Ch. 301...... 16352, 18581 10...... 15709 752...... 16647, 18481 32...... 17992 60-250...... 15690 15...... 15709 909...... 16649 223...... 16396, 16397 60-999...... 15690 24...... 15709 970...... 16649 224...... 16397 302-11 ...... 17105, 18659 25...... 15709 1333...... 16651 226...... 16397 26...... 15709 1533...... 17109 600 ...... 16414, 18394, 19111 43 CFR 28...... 15709 1552...... 17109 622...... 18395 Proposed Rules: 70...... 15709 1832...... 18372 648 ...... 16417, 16891, 18394, 3100...... 17598 169...... 15709 Proposed Rules: 19111 3106...... 17598 175...... 15709 1833...... 17603 679...... 19113

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REMINDERS Pork and pork products Radiation protection programs: Bonus payments with bids; The items in this list were from Sonora and Yucatan, Rocky Flats Environmental comments due by 4-30- editorially compiled as an aid Mexico; importation; Technology Site; 99; published 3-31-99 to Federal Register users. comments due by 4-26- transuranic radioactive Royalty management: Inclusion or exclusion from 99; published 2-23-99 waste disposal; applicable Oil value for royalty due on this list has no legal AGRICULTURE waste characterization Federal leases; comment significance. DEPARTMENT documents; availability; extension; comments due Food Safety and Inspection comments due by 4-26- by 4-27-99; published 4- Service 99; published 3-25-99 13-99 RULES GOING INTO Superfund program: INTERIOR DEPARTMENT EFFECT APRIL 20, 1999 Meat and poultry inspection: Irradiation of refrigerated or Toxic chemical release Surface Mining Reclamation frozen uncooked meat, reporting; community right- and Enforcement Office AGRICULTURE meat byproducts, etc.; to-knowÐ DEPARTMENT Permanent program and comments due by 4-26- Chromite ore from abandoned mine land Agricultural Marketing 99; published 2-24-99 Transvaal Region, reclamation plan Service AGRICULTURE South Africa; comments submissions: Nectarines and peaches DEPARTMENT due by 4-26-99; Indiana; comments due by grown inÐ published 2-23-99 4-26-99; published 3-25- California; published 4-19-99 Rural Utilities Service Rural development: FEDERAL 99 INTERIOR DEPARTMENT COMMUNICATIONS JUSTICE DEPARTMENT Fish and Wildlife Service Distance learning and COMMISSION telemedicine loan and Prisons Bureau Endangered and threatened grant program; comments Radio stations; table of Inmate control, custody, care, species: due by 4-26-99; published assignments: etc.: California bighorn sheep; 3-25-99 Florida; comments due by Inmate discipline respecting Sierra Nevada distinct 4-26-99; published 3-16- violations of telephone population segment; COMMERCE DEPARTMENT 99 and smoking policies; published 4-20-99 National Oceanic and Atmospheric Administration Missouri; comments due by comments due by 4-26- TRANSPORTATION 4-26-99; published 3-16- 99; published 2-25-99 DEPARTMENT Fishery conservation and 99 management: Over-the-counter (OTC) Federal Aviation Montana; comments due by medications; inmate Magnuson-Stevens Act Administration 4-26-99; published 3-16- access; comments due by provisionsÐ Airworthiness directives: 99 4-30-99; published 3-1-99 Gulf of Maine separator AlliedSignal Avionics, Inc.; Texas; comments due by 4- Searches of housing units, trawl whiting fishery and published 3-10-99 26-99; published 3-16-99 inmates, and inmate work proposed supplemental Allison Engine Co., Inc.; areas, and persons other gear; comments due by FEDERAL EMERGENCY published 4-5-99 than inmates; use of 4-29-99; published 4-14- MANAGEMENT AGENCY New Piper Aircraft, Inc.; electronic devices; 99 Disaster assistance: published 3-10-99 comments due by 4-26- DEFENSE DEPARTMENT Major disaster and 99; published 2-25-99 Acquisition regulations: emergency declarations, COMMENTS DUE NEXT Governors' requests; LABOR DEPARTMENT People's Republic of China; WEEK evaluation; comments due Labor-Management comments due by 4-26- by 4-26-99; published 1- Standards Office 99; published 2-23-99 AGRICULTURE 26-99 Transportation Equity Act for DEFENSE DEPARTMENT DEPARTMENT FEDERAL RESERVE 21st Century; Agricultural Marketing Navy Department SYSTEM implementation: Service National Environmental Policy Availability of funds and Employee protections; Cherries (tart) grown inÐ Act; implementation: collection of checks certification requirements; Michigan et al.; comments Policies and responsibilities; (Regulation CC): comments due by 4-29- comments due by 4-26- 99; published 3-30-99 due by 4-26-99; published Sending notices in lieu of 99; published 2-25-99 2-25-99 returning original checks; LABOR DEPARTMENT Milk marketing orders: ENVIRONMENTAL comments due by 4-30- Mine Safety and Health Iowa; comments due by 4- PROTECTION AGENCY 99; published 2-24-99 Administration 26-99; published 4-19-99 Air pollutants, hazardous; INTERIOR DEPARTMENT Coal mine and metal and Raisins produced from grapes national emission standards: nonmetal mine safety and Fish and Wildlife Service grown inÐ Equivalent emission health: Endangered and threatened California; comments due by limitations by permit; Underground minesÐ species: 4-26-99; published 2-24- implementation; comments Diesel particulate matter 99 due by 4-26-99; published Preble's meadow jumping exposure of miners; AGRICULTURE 4-16-99 mouse; comments due by comments due by 4-30- DEPARTMENT Air quality implementation 4-30-99; published 3-16- 99; published 2-12-99 99 Animal and Plant Health plans; approval and NUCLEAR REGULATORY Inspection Service promulgation; various Rhadine exilis, etc. (nine COMMISSION invertebrate species from Animal welfare: States: Bexar County, TX); Domestic licensing and related Marine mammals; humane Arizona; comments due by regulatory functions; 4-26-99; published 3-26- comments due by 4-29- handling, care, treatment, 99; published 12-30-98 environmental protection and transportation; 99 regulations: INTERIOR DEPARTMENT comments due by 4-26- California; comments due by Nuclear power plant 99; published 2-23-99 4-26-99; published 3-25- Minerals Management operating licenses; Exportation and importation of 99 Service renewal requirements; animals and animal Utah; comments due by 4- Outer Continental Shelf; oil, comments due by 4-27- products: 26-99; published 3-26-99 gas, and sulphur operations: 99; published 2-26-99

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PERSONNEL MANAGEMENT TRANSPORTATION comments due by 4-26- system malfunction OFFICE DEPARTMENT 99; published 3-25-99 indicator lamp activation Employment: Federal Aviation Class B airspace; comments protocol; compliance Administration due by 4-30-99; published date delay; comments Selective Service LawÐ Airworthiness directives: 3-1-99 due by 4-30-99; Statutory bar to BMW Rolls-Royce GmbH; Class E airspace; comments published 2-26-99 appointment of persons comments due by 4-26- due by 4-26-99; published Side impact protection; who fail to register; 99; published 2-24-99 3-11-99 inflatable restraint comments due by 4-28- Eurocopter France; TRANSPORTATION systems; benefits and 99; published 3-29-99 comments due by 4-26- DEPARTMENT risks; meeting; comments 99; published 3-26-99 TRANSPORTATION Maritime Administration due by 4-30-99; published New Piper Aircraft, Inc.; DEPARTMENT Cargo preferenceÐU.S.-flag 3-24-99 comments due by 4-28- commmercial vessels: Coast Guard 99; published 3-3-99 TRANSPORTATION Carriage of agricultural DEPARTMENT Drawbridge operations: Pratt & Whitney; comments exports; comments due by Research and Special due by 4-29-99; published 4-28-99; published 3-26- Louisiana; comments due by 3-30-99 Programs Administration 4-29-99; published 3-15- 99 Raytheon; comments due by Pipeline safety: 99 4-28-99; published 3-1-99 TRANSPORTATION Michigan; comments due by Airworthiness standards: DEPARTMENT Gas gathering lines, definition; electronic 4-26-99; published 2-25- Special conditionsÐ National Highway Traffic discussion forum; 99 Boeing model 717-200 Safety Administration comments due by 4-28- airplane; operation Motor vehicle safety Ports and waterways safety: 99; published 3-11-99 without normal electrical standards: Eagle Harbor, Bainbridge power; comments due Hydraulic and electric brake TREASURY DEPARTMENT Island, WA; regulated systemsÐ by 4-26-99; published Internal Revenue Service navigation area; 3-25-99 School buses; parking comments due by 4-26- Learjet model 35, 35A, brake warning system; Procedure and administration: 99; published 2-23-99 36, and 36A airplanes; comments due by 4-30- Unified partnership audit; Port of New York and New comments due by 4-28- 99; published 3-1-99 modifications and Jersey; safety zone; 99; published 3-29-99 Hydraulic brake systemsÐ additions; comments due comments due by 4-26- Soloy Corp. model Light vehicle brake by 4-26-99; published 1- 99; published 2-24-99 Pathfinder 21 airplane; systems; antilock brake 26-99

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