10–20–00 Friday Vol. 65 No. 204 Oct. 20, 2000 Pages 62991–63194

VerDate 11-MAY-2000 17:33 Oct 19, 2000 Jkt 194001 PO 00000 Frm 00001 Fmt 4710 Sfmt 4710 E:\FR\FM\20OCWS.LOC pfrm08 PsN: 20OCWS

1 II Federal Register / Vol. 65, No. 204 / Friday, October 20, 2000

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 interest. Paper or fiche 523–5243 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/ FEDERAL REGISTER WORKSHOP fedreg. The seal of the National Archives and Records Administration THE FEDERAL REGISTER: WHAT IT IS AND authenticates the Federal Register as the official serial publication HOW TO USE IT established under the Federal Register Act. Under 44 U.S.C. 1507, the contents of the Federal Register shall be judicially noticed. FOR: Any person who uses the Federal Register and Code of Federal Regulations. The Federal Register is published in paper and on 24x microfiche. It is also available online at no charge as one of the databases WHO: Sponsored by the Office of the Federal Register. on GPO Access, a service of the U.S. Government Printing Office. WHAT: Free public briefings (approximately 3 hours) to present: 1. The regulatory process, with a focus on the Federal Register The online edition of the Federal Register is issued under the system and the public’s role in the development of authority of the Administrative Committee of the Federal Register regulations. 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 2. The relationship between the Federal Register and Code day the Federal Register is published and it includes both text of Federal Regulations. and graphics from Volume 59, Number 1 (January 2, 1994) forward. 3. The important elements of typical Federal Register documents. GPO Access users can choose to retrieve online Federal Register 4. An introduction to the finding aids of the FR/CFR system. documents as TEXT (ASCII text, graphics omitted), PDF (Adobe Portable Document Format, including full text and all graphics), WHY: To provide the public with access to information necessary to or SUMMARY (abbreviated text) files. Users should carefully check research Federal agency regulations which directly affect them. retrieved material to ensure that documents were properly There will be no discussion of specific agency regulations. downloaded. On the World Wide Web, connect to the Federal Register at http:/ WASHINGTON, DC /www.access.gpo.gov/nara. Those without World Wide Web access can also connect with a local WAIS client, by Telnet to WHEN: November 14, 2000, at 9:00 a.m. swais.access.gpo.gov, or by dialing (202) 512-1661 with a computer WHERE: Office of the Federal Register and modem. When using Telnet or modem, type swais, then log Conference Room in as guest with no password. 800 North Capitol Street, NW. For more information about GPO Access, contact the GPO Access Washington, DC 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 (3 blocks north of Union Station Metro) free) between 7 a.m. and 5 p.m. Eastern time, Monday–Friday, RESERVATIONS: 202–523–4538 except Federal holidays. The annual subscription price for the Federal Register paper edition is $638, or $697 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 $253. Six month subscriptions are available for one-half the annual rate. The charge for individual copies in paper form is $9.00 for each issue, or $9.00 for each of pages as actually bound; or $2.00 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: 65 FR 12345.

.

VerDate 11-MAY-2000 17:33 Oct 19, 2000 Jkt 194001 PO 00000 Frm 00002 Fmt 4710 Sfmt 4710 E:\FR\FM\20OCWS.LOC pfrm08 PsN: 20OCWS

2 III

Contents Federal Register Vol. 65, No. 204

Friday, October 20, 2000

Agency for International Development Commodity Credit Corporation NOTICES NOTICES Agency information collection activities: Grants and cooperative agreements; availability, etc.: Proposed collection; comment request, 63052 Conservation Reserve Program, 63052–63054

Agricultural Marketing Service Comptroller of the Currency RULES PROPOSED RULES Olives grown in— Fair Credit Reporting Act; implementation, 63119–63141 California, 62992–62994 Defense Department See Army Department Agriculture Department See Navy Department See Agricultural Marketing Service NOTICES See Commodity Credit Corporation Meetings: See Forest Service Science Board, 63063 See Natural Resources Conservation Service Education Department Army Department NOTICES NOTICES Agency information collection activities: Agency information collection activities: Proposed collection; comment request, 63065–63066 Proposed collection; comment request, 63063–63064 Grants and cooperative agreements; availability, etc.: Environmental statements; availability, etc.: Elementary and secondary education— Sauquoit Creek Flood Control Project, NY, 63064 Native Hawaiian Gifted and Talented Program, 63066– Patent licenses; non-exclusive, exclusive, or partially 63067 exclusive: Delta-strained quantum-well semiconductor lasers and Employment Standards Administration optical amplifiers, 63064 NOTICES Optical Crossings, Inc., 63064–63065 Minimum wages for Federal and federally-assisted construction; general wage determination decisions, 63100–63101 Blind or Severely Disabled, Committee for Purchase From People Who Are Energy Department See Committee for Purchase From People Who Are Blind See Federal Energy Regulatory Commission or Severely Disabled NOTICES Meetings: Centers for Disease Control and Prevention Environmental Management Site-Specific Advisory NOTICES Board— Agency information collection activities: Oak Ridge Reservation, TN, 63067 Proposed collection; comment request, 63079–63080 Submission for OMB review; comment request, 63080 Environmental Protection Agency PROPOSED RULES Coast Guard Water supply: NOTICES National primary drinking water regulations— Meetings: Arsenic; maximum contaminant level, 63027–63035 Navigation Safety Advisory Committee, 63112 NOTICES Agency information collection activities: Proposed collection; comment request, 63071–63074 Commerce Department Air programs: See International Trade Administration State implementation plans; adequacy status for See National Institute of Standards and Technology transportation conformity purposes— See National Oceanic and Atmospheric Administration Texas, 63074–63075 Environmental statements; availability, etc.: Committee for Purchase From People Who Are Blind or Agency statements— Severely Disabled Comment availability, 63075–63076 NOTICES Weekly receipts, 63076–63077 Procurement list; additions and deletions, 63056–63057 Meetings: Malathion; revised pesticide risk assessment; Committee for the Implementation of Textile Agreements stakeholders, 63077–63078 NOTICES Pesticide registration, cancellation, etc.: Textile and apparel categories: Triphenyltin hydroxide, 63173–63190 Illegal transshipment; entry denial— Indonesia; Pt. Pollux Indonesia Textile Industry, Executive Office of the President 63062–63063 See Presidential Documents

VerDate 112000 17:06 Oct 19, 2000 Jkt 194001 PO 00000 Frm 00001 Fmt 4748 Sfmt 4748 E:\FR\FM\20OCCN.SGM pfrm11 PsN: 20OCCN IV Federal Register / Vol. 65, No. 204 / Friday, October 20, 2000 / Contents

Federal Aviation Administration McCloud River redband trout, etc. (nine candidate taxa RULES reclassification), 63044–63047 Airworthiness directives: NOTICES Airbus, 63001–63003 Comprehensive conservation plans; availability, etc.: Boeing, 63005–63008 Missisquoi National Wildlife Refuge, VT, 63086–63087 British Aerospace, 62999–63001 Environmental statements; availability, etc.: Israel Aircraft Industries, Ltd., 63003–63005 Trinity River Mainstem Fishery Restoration, CA, 63087– Lockheed, 62994–62999 63088 Standard instrument approach procedures, 63008–63014 Environmental statements; notice of intent: PROPOSED RULES Incidental take permits— Airworthiness directives: Pima County, AZ; Sonoran Desert Conservation Plan, British Aerospace, 63023–63025 63089 NOTICES Agency information collection activities: Forest Service Submission for OMB review; comment request, 63112– NOTICES 63113 Agency information collection activities: Exemption petitions; summary and disposition, 63113– Proposed collection; comment request, 63054–63055 63114 Meetings: Passenger facility charges; applications, etc.: Southwest Oregon Province Interagency Executive Nashville International Airport, TN, 63114 Committee Advisory Committee, 63055

Federal Communications Commission Geological Survey PROPOSED RULES NOTICES Digital television stations; table of assignments: Agency information collection activities: South Dakota, 63044 Proposed collection; comment request, 63089–63090 Virginia, 63044 NOTICES Health and Human Services Department Agency information collection activities: See Centers for Disease Control and Prevention Proposed collection; comment request, 63078 See Health Care Financing Administration Submission for OMB review; comment request, 63078– See Inspector General Office, Health and Human Services 63079 Department See National Institutes of Health Federal Deposit Insurance Corporation PROPOSED RULES Health Care Financing Administration Fair Credit Reporting Act; implementation, 63119–63141 See Inspector General Office, Health and Human Services NOTICES Department Meetings; Sunshine Act, 63079 NOTICES Federal Election Commission Agency information collection activities: Submission for OMB review; comment request, 63080– NOTICES 63081 Meetings; Sunshine Act, 63079 Federal Energy Regulatory Commission Housing and Urban Development Department NOTICES NOTICES Electric rate and corporate regulation filings: Agency information collection activities: Ameren Services Co. et al., 63068–63071 Submission for OMB review; comment request, 63084 Applications, hearings, determinations, etc.: Grant and cooperative agreement awards: Algonquin Gas Transmission Co. et al.; correction, 63118 Historically Black Colleges and Universities Program, Badger Generating Co., LLC, 63067–63068 63084–63086 Coyote Springs 2, LLC, 63068 Grants and cooperative agreements; availability, etc.: Facilities to assist homeless— Federal Highway Administration Excess and surplus Federal property, 63086 NOTICES Agency information collection activities: Immigration and Naturalization Service Submission for OMB review; comment request, 63114– RULES 63115 Immigration: Second preference employment-based immigrant Federal Reserve System physicians serving in medically underserved areas, PROPOSED RULES etc.; national interest waivers Fair Credit Reporting Act; implementation (Regulation V), Correction, 63118 63119–63141 NOTICES Indian Affairs Bureau Meetings; Sunshine Act, 63079 RULES Human services: Fish and Wildlife Service Financial Assistance and Social Services Programs, PROPOSED RULES 63143–63171 Endangered and threatened species: NOTICES Critical habitat designations— Land acquisitions into trust: Mexican spotted owl, 63047 Little Traverse Bay Bands of Odawa Indians, MI, 63090

VerDate 112000 17:06 Oct 19, 2000 Jkt 194001 PO 00000 Frm 00002 Fmt 4748 Sfmt 4748 E:\FR\FM\20OCCN.SGM pfrm11 PsN: 20OCCN Federal Register / Vol. 65, No. 204 / Friday, October 20, 2000 / Contents V

Inspector General Office, Health and Human Services Utah, 63091 Department Recreation management restrictions, etc.: PROPOSED RULES Colorado; BLM-administered campgrounds; recreation Medicare and State health care programs; fraud and abuse: use fees; supplementary rules, 63092 Revisions and technical corrections, 63035–63043 Survey plat filings: New Mexico, 63092 Interior Department See Fish and Wildlife Service National Aeronautics and Space Administration See Geological Survey NOTICES See Indian Affairs Bureau Patent licenses; non-exclusive, exclusive, or partially See Land Management Bureau exclusive: See Reclamation Bureau Cyrospace Technologies, 63101 NOTICES National Environmental Policy Act; implementation, 63086 National Highway Traffic Safety Administration RULES Internal Revenue Service Motor vehicle safety standards: PROPOSED RULES Interior trunk release, 63014–63021 Estate and gift taxes: National Institute of Standards and Technology Estate tax return (Form 706); automatic 6-month extension to file, 63025–63027 NOTICES Meetings: International Trade Administration Malcolm Baldrige National Quality Award— NOTICES Panel of Judges, 63059 Antidumping: National Institutes of Health Natural bristle paint brushes and brush heads from— NOTICES China, 63058–63059 Meetings: Antidumping and countervailing duties: National Heart, Lung, and Blood Institute, 63081–63082 Administrative review request, 63057–63058 National Institute of Arthritis and Musculoskeletal and Skin Diseases, 63083 International Trade Commission National Institute of Child Health and Human NOTICES Development, 63082–63083 Import investigations: National Institute of Diabetes and Digestive and Kidney Ammonium nitrate from— Diseases, 63082 Ukraine, 63093 National Institute of Mental Health, 63082 Cigarettes and packaging, 63094–63095 EPROM, EEPROM, flash memory, and flash National Oceanic and Atmospheric Administration microcontroller semicondutor devices, and products RULES containging same, 63095–63096 Fishery conservation and management: Magnetic resonance injection systems and components, Atlantic highly migratory species— 63096–63097 Atlantic bluefin tuna, 63021–63022 West Coast States and Western Pacific fisheries— Justice Department Pacific Coast groundfish; correction, 63118 See Immigration and Naturalization Service PROPOSED RULES NOTICES Fishery conservation and management: Pollution control; consent judgments: West Coast States and Western Pacific fisheries— Advanced Resin Systems, Inc., 63097 West Coast salmon, 63047–63051 American Cyanamid Co. et al., 63097 NOTICES Baureis Realty Co., Inc., et al., 63097–63098 Marine mammals: Cabot Corp. et al., 63098 Incidental taking; authorization letters, etc.— Gallatin Steel Co., 63098 Eglin Air Force Base, FL; explosives testing, 63059– Livingston et al., 63099 63062 Maryland Aviation Administration, 63099 Mobil Oil Corp., 63099–63100 National Science Foundation NOTICES Labor Department Antarctic Conservation Act of 1978; permit applications, See Employment Standards Administration etc., 63101–63102 Meetings: Land Management Bureau Advanced Networking and Infrastructure Research NOTICES Special Emphasis Panel, 63102 Closure of public lands: Bioengineering and Environmental Systems Special Arizona, 63090–63091 Emphasis Panel, 63102 California, 63091 Biological Sciences Advisory Committee, 63102 Environmental statements; availability, etc.: Chemical and Transport Systems Special Emphasis Panel, Locatable mineral operations; surface management 63102–63103 regulations, 63091 Civil and Mechanical Systems Special Emphasis Panel, Meetings: 63103 Resource Advisory Councils— Computer-Communications Research Special Emphasis Southwest, 63091–63092 Panel, 63103

VerDate 112000 17:06 Oct 19, 2000 Jkt 194001 PO 00000 Frm 00003 Fmt 4748 Sfmt 4748 E:\FR\FM\20OCCN.SGM pfrm11 PsN: 20OCCN VI Federal Register / Vol. 65, No. 204 / Friday, October 20, 2000 / Contents

Human Resource Development Special Emphasis Panel, Surface Transportation Board 63103 NOTICES Methods, Cross-Directorate and Science and Society Motor carriers: Advisory Panel, 63104 Finance applications— Stagecoach Holdings PLC et al., 63115–63116 Natural Resources Conservation Service Railroad services abandonment: NOTICES Iowa Interstate Railroad, Ltd., 63116 Environmental statements; availability, etc.: Wisconsin Central Ltd., 63117 Perry Ridge West (CS-30), LA, 63056 Textile Agreements Implementation Committee Navy Department See Committee for the Implementation of Textile NOTICES Agreements Environmental statements; availability, etc.: Naval Station San Diego, CA; replacement pier and Thrift Supervision Office dredging, 63065 PROPOSED RULES Fair Credit Reporting Act; implementation, 63119–63141 Northeast Dairy Compact Commission NOTICES Meetings, 63104 Transportation Department See Coast Guard Nuclear Regulatory Commission See Federal Aviation Administration See Federal Highway Administration NOTICES See National Highway Traffic Safety Administration Meetings: See Surface Transportation Board Reactor Safeguards Advisory Committee, 63104–63106 See Transportation Statistics Bureau NOTICES Personnel Management Office Agency information collection activities: RULES Submission for OMB review; comment request, 63111– Employment: 63112 Reduction in force— Retreat rights, 62991–62992 Transportation Statistics Bureau NOTICES Presidential Documents Meetings: ADMINISTRATIVE ORDERS Transportation Statistics Advisory Council, 63117 Columbia; continuation of U.S. emergency (Notice of October 19, 2000), 63191–63193 Treasury Department Public Health Service See Comptroller of the Currency See Centers for Disease Control and Prevention See Internal Revenue Service See National Institutes of Health See Thrift Supervision Office

Railroad Retirement Board NOTICES Separate Parts In This Issue Agency information collection activities: Submission for OMB review; comment request, 63106– 63107 Part II Department of the Treasury, Comptroller of the Currency, Office of Thrift Supervision, Federal Deposit Insurance Reclamation Bureau Corporation, Federal Reserve System, 63119–63141 NOTICES Environmental statements; availability, etc.: Trinity River Mainstem Fishery Restoration, CA, 63087– Part III 63088 Department of Interior, Bureau of Indian Affairs, 63143– 63171 Securities and Exchange Commission NOTICES Part IV Applications, hearings, determinations, etc.: Environmental Protection Agency, 63173–63190 Public utility holding company filings, 63107–63110 Part V State Department The President, 63191–63193 NOTICES Agency information collection activities: Submission for OMB review; comment request, 63110 Meetings: Reader Aids Hazardous chemicals and pesticides; prior informed Consult the Reader Aids section at the end of this issue for consent; international agreement, 63110–63111 phone numbers, online resources, finding aids, reminders, Labor Diplomacy Advisory Committee, 63111 and notice of recently enacted public laws.

VerDate 112000 17:06 Oct 19, 2000 Jkt 194001 PO 00000 Frm 00004 Fmt 4748 Sfmt 4748 E:\FR\FM\20OCCN.SGM pfrm11 PsN: 20OCCN Federal Register / Vol. 65, No. 204 / Friday, October 20, 2000 / Contents VII

CFR PARTS AFFECTED IN THIS ISSUE

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

Notices: October 19, 2000...... 63193 5 CFR 351...... 62991 7 CFR 932...... 62992 8 CFR 204...... 63118 245...... 63118 12 CFR Proposed Rules: 41...... 63120 222...... 63120 334...... 63120 571...... 63120 14 CFR 39 (6 documents) ...... 62994, 62999, 63001, 63003, 63005, 63006 97 (3 documents) ...... 63009, 63010, 63013 Proposed Rules: 39...... 63023 25 CFR 20...... 63144 26 CFR Proposed Rules: 20...... 63025 40 CFR Proposed Rules: 141...... 63027 142...... 63027 42 CFR Proposed Rules: 1001...... 63035 1003...... 63035 1005...... 63035 1008...... 63035 47 CFR Proposed Rules: 73 (2 documents) ...... 63043, 63044 49 CFR 571...... 63014 50 CFR 600...... 63118 635...... 63021 660...... 63118 Proposed Rules: 17 (2 documents) ...... 63044, 63046 660...... 63047

VerDate 11-MAY-2000 17:07 Oct 19, 2000 Jkt 194001 PO 00000 Frm 00001 Fmt 4711 Sfmt 4711 E:\FR\FM\20OCLS.LOC pfrm11 PsN: 20OCLS 62991

Rules and Regulations Federal Register Vol. 65, No. 204

Friday, October 20, 2000

This section of the FEDERAL REGISTER held by the employee on the effective intervals of the official position held on contains regulatory documents having general date of the reduction in force. See 51 FR the effective date of the reduction in applicability and legal effect, most of which 319 (January 3, 1986). In determining an force. are keyed to and codified in the Code of employee’s potential retreat rights, an Waiver of Notice of Proposed Federal Regulations, which is published under agency does not consider the grade or 50 titles pursuant to 44 U.S.C. 1510. Rulemaking and Delay in Effective Date grade-interval range of the position to The Code of Federal Regulations is sold by which the employee may have a retreat Pursuant to 5 U.S.C. 553(b)(3)(B), I the Superintendent of Documents. Prices of right. find that good cause exists for waiving new books are listed in the first FEDERAL OPM is publishing this interim the general notice of proposed REGISTER issue of each week. regulation in response to a January 28, rulemaking because it would be 2000, decision by the United States contrary to the public interest to delay Court of Appeals for the Federal Circuit access to benefits provided by law. Also, OFFICE OF PERSONNEL in Henderson v. Department of the pursuant to 5 U.S.C. 553(d)(3), I find MANAGEMENT Interior, 202 F.3d 1356 (Fed. Cir. 2000). that good cause exists to waive the In Henderson, the Court interpreted our effective date and make this amendment 5 CFR Part 351 regulations as meaning something effective in less than 30 days in order to RIN 3206±AJ14 different from what OPM had intended. provide eligible displaced employees As a result, the Court found that an with the full benefit of their retreat Reduction in Force Retreat Rights agency determines an employee’s rights at the earliest practicable date. potential retreat right, in part, on the AGENCY: Office of Personnel basis of the grade or grade-interval range Regulatory Flexibility Act Management. of the position to which the employee I certify that this regulation will not ACTION: Interim rule with request for may have a right to retreat. This new have a significant economic impact on comments. interim regulation reinforces OPM’s a substantial number of small entities intent that an agency determines an SUMMARY: The Office of Personnel because it affects only certain Federal employee’s potential retreat rights only employees. Management is issuing an interim on the basis of the employee’s current retention regulation that clarifies a official position of record. Executive Order 12866, Regulatory released employee’s potential right to Review ‘‘Retreat’’ to another position in a Employees’ Retreat Rights reduction in force. This regulation states Section 351.603 of OPM’s retention This rule has been reviewed by the that an agency determines the potential regulations provides that a permanent Office of Management and Budget in grade range of a released employee’s competitive service employee who is accordance with Executive Order 12866. retreat right solely upon the position released from a competitive level as the List of Subjects in 5 CFR Part 351 held by the employee on the effective result of reduction in force competition date of the reduction in force rather than has a potential ‘‘Bump’’ or ‘‘Retreat’’ Administrative practice and the grade range of the position to which right to other continuing positions procedure, Government employees. the employee may have a right to before involuntary separation. For Office of Personnel Management. retreat. reference, OPM published a Janice R. Lachance, DATES: This regulation is effective on comprehensive history and explanation Director. October 20, 2000. Written comments of the retreat right in the Supplementary Information section of final regulations Accordingly, OPM is amending part will be considered if received no later 351 of title 5, Code of Federal than December 19, 2000. that were published in the Federal Register on June 15, 1998, at 63 FR Regulations, as follows: ADDRESSES: Send written comments to 32593. Carol J. Okin, Associate Director for PART 351ÐREDUCTION IN FORCE Employment, Office of Personnel Consideration of Grade Limits in Management, Room 6F08, 1900 E Street, Determining Employees’ Retreat Rights 1. The authority citation for part 351 NW., Washington, DC 20415. OPM’s reduction in force regulations continues to read as follows: FOR FURTHER INFORMATION CONTACT: generally limit the grade limits of an Authority: 5 U.S.C. 1302, 3502, 3503; sec. Thomas A. Glennon or Jacqueline R. employee’s potential bump and retreat 351.801 also issued under E.O. 12828, 58 FR Yeatman, 202–606–0960, FAX 202–606– rights to positions that are within, as 2965. 2329. appropriate, three grades or grade- 2. Section 351.701(c) is revised to SUPPLEMENTARY INFORMATION: intervals of the official position held on read as follows: the effective date of the reduction in Purpose of This Interim Retreat force. In addition, a preference eligible § 351.701 Assignment involving Regulation employee who competes under OPM’s displacement. This interim regulation clarifies retention regulations in retention tenure * * * * * OPM’s longstanding policy that an subgroup I–AD on the basis of a service- (c) Same subgroup-retreating. A agency determines the grade or grade- connected compensable disability of released employee shall be assigned in interval range of a released employee’s 30% (or higher) has a potential retreat accordance with paragraphs (a) and (d) potential retreat rights solely on the right to positions that are within, as of this section and retreat to a position basis of the official position of record appropriate, five grades or grade that:

VerDate 112000 14:52 Oct 19, 2000 Jkt 194001 PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 E:\FR\FM\20OCR1.SGM pfrm02 PsN: 20OCR1 62992 Federal Register / Vol. 65, No. 204 / Friday, October 20, 2000 / Rules and Regulations

(1) Is held by another employee with handlers. Current handler section 608c(15)(A) of the Act, any lower retention standing in the same representation on the Committee handler subject to an order may file tenure group and subgroup; and provides that the two handlers who with the Secretary a petition stating that (2) Is not more than three grades (or handled the largest and second largest the order, any provision of the order, or appropriate grade intervals or total volume of olives during the crop any obligation imposed in connection equivalent) below the position from year in which nominations were made with the order is not in accordance with which the employee was released, and in the preceding crop year shall be law and request a modification of the except that for a preference eligible represented by three members and order or to be exempted therefrom. A employee with a compensable service- alternate members each, and that the handler is afforded the opportunity for connected disability of 30 percent or remaining handler shall be represented a hearing on the petition. After the more the limit is five grades (or by two members and alternate members. hearing the Secretary would rule on the appropriate grade intervals or Recently, one of the handlers indicated petition. The Act provides that the equivalent). (The agency uses the grade that it was exiting the business, and no district court of the United States in any progression of only the released longer desired to serve on the district in which the handler is an employee’s position of record to Committee. This rule reallocates inhabitant, or has his or her principal determine the applicable grades (or handler membership and enables the place of business, has jurisdiction to appropriate grade intervals or Committee to operate at full strength. review the Secretary’s ruling on the equivalent) of the employee’s retreat EFFECTIVE DATE: October 23, 2000. petition, provided an action is filed not right. The agency does not consider the FOR FURTHER INFORMATION CONTACT: Rose later than 20 days after the date of the grade progression of the position to Aguayo, Marketing Specialist, California entry of the ruling. This final rule modifies the order’s which the employee has a retreat right.); Marketing Field Office, Marketing Order administrative rules and regulations and Administration Branch, Fruit and regarding the structure of handler (3) Is the same position, or an Vegetable Programs, AMS, USDA, 2202 membership on the Committee. The essentially identical position, formerly Monterey Street, suite 102B, Fresno, change in structure was unanimously held by the released employee on a California 93721; telephone: (559) 487– recommended by the Committee. permanent basis as a competing 5901, Fax: (559) 487–5906; or George employee in a Federal agency (i.e., Section 932.25 of the order provides Kelhart, Technical Advisor, Marketing for the establishment of the Committee when held by the released employee in Order Administration Branch, Fruit and an executive, legislative, or judicial to locally administer the terms and Vegetable Programs, AMS, USDA, room provisions of the order. The Committee branch agency, the position would have 2525–S, P.O. Box 96456, Washington, been placed in tenure groups I, II, or III, is composed of 16 industry members, DC 20090–6456; telephone: (202) 720– each with an alternate. Of the 16 or equivalent). In determining whether 2491; Fax: (202) 720–5698. industry members, 8 are producers and a position is essentially identical, the Small businesses may request 8 are handlers. This section also determination is based on the information on complying with this specifies how the handler membership competitive level criteria found in regulation by contacting Jay Guerber, on the Committee is allocated. § 351.403, but not necessarily in regard Marketing Order Administration Authority is provided for the to the respective grade, classification Branch, Fruit and Vegetable Programs, Committee, with the approval of the series, type of work schedule, or type of AMS, USDA, P.O. Box 96456, room Secretary, to change the allocation of service, of the two positions. 2525–S, Washington, DC 20090–6456; both producer and handler members as * * * * * telephone: (202) 720–2491, Fax: (202) may be necessary to assure equitable [FR Doc. 00–26945 Filed 10–19–00; 8:45 am] 720–5698, or E-mail: representation. BILLING CODE 6325±01±U [email protected]. Based on this authority, § 932.159 of SUPPLEMENTARY INFORMATION: This final the administrative rules and regulations rule is issued under Marketing currently provides that the two handlers DEPARTMENT OF AGRICULTURE Agreement No. 148 and Order No. 932, who handled the largest and second both as amended (7 CFR part 932), largest total volume of olives during the Agricultural Marketing Service regulating the handling of olives grown crop year in which nominations were in California, hereinafter referred to as made and in the preceding crop year 7 CFR Part 932 the ‘‘order.’’ The marketing agreement shall be represented by three members and alternate members each, and the [Docket No. FV00±932±3 FR] and order are effective under the Agricultural Marketing Agreement Act remaining handler shall be represented Olives Grown in California; of 1937, as amended (7 U.S.C. 601–674), by two members and alternate members. Modification to Handler Membership hereinafter referred to as the ‘‘Act.’’ This reallocation was implemented in on the California Olive Committee The Department of Agriculture January of 1999 (64 FR 4286) with an (Department) is issuing this rule in interim final rule. Comments were AGENCY: Agricultural Marketing Service, conformance with Executive Order invited until March 29, 1999. The USDA. 12866. interim final rule was adopted without ACTION: Final rule. This final rule has been reviewed change in a final rule in April of 1999 under Executive Order 12988, Civil (64 FR 23009). SUMMARY: This rule modifies the Justice Reform. This action is not The structure of the olive industry has handler membership on the California intended to have retroactive effect. This changed over the years and the number Olive Committee (Committee). The final rule will not preempt any State or of handlers, both cooperative and Committee locally administers the local laws, regulations, or policies, independent (or handlers not affiliated California olive marketing order (order) unless they present an irreconcilable with a cooperative marketing which regulates the handling of olives conflict with this rule. organization), has decreased. At one grown in California. The Committee is The Act provides that administrative time, there were a number of composed of 16 industry members of proceedings must be exhausted before cooperative marketing organizations and which 8 are producers and 8 are parties may file suit in court. Under independent handlers and the

VerDate 112000 14:52 Oct 19, 2000 Jkt 194001 PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 E:\FR\FM\20OCR1.SGM pfrm02 PsN: 20OCR1 Federal Register / Vol. 65, No. 204 / Friday, October 20, 2000 / Rules and Regulations 62993

Committee’s structure was designed so Pursuant to requirements set forth in two handlers who handled the largest that four of the eight handler seats were the Regulatory Flexibility Act (RFA), the and second largest total volume of held by cooperatives and four were held Agricultural Marketing Service (AMS) olives during the crop year in which by independents. This representation has considered the economic impact of nominations were made and in the was also weighted by the volume of this final rule on small entities. preceding crop year shall be represented olives handled so that if one group, Accordingly, AMS has prepared this by three members and alternate either cooperatives or independents, final regulatory flexibility analysis. members each, and the remaining handled 65 percent or more of the total The purpose of the RFA is to fit handler shall be represented by two industry’s volume handled during the regulatory actions to the scale of members and alternate members. nominating crop year and the preceding business subject to such actions in order The structure of the olive industry has crop year, that group would have five that small businesses will not be unduly changed over the years and the number seats on the Committee and the other or disproportionately burdened. of handlers, both cooperative and group would have three seats. Marketing orders issued pursuant to the independent, has decreased. At one In 1993, handler membership on the Act, and rules issued thereunder, are time, there were a number of Committee was reallocated to reflect unique in that they are brought about cooperative marketing organizations and changes within the handler segment of through group action of essentially independent handlers and the the industry. The number of industry small entities acting on their own Committee’s structure was designed so handlers declined to only five behalf. Thus, both statutes have small that four of the eight handler seats were handlers—one cooperative and four entity orientation and compatibility. held by cooperatives and four were held independents. At that time, § 932.159 of There are 3 handlers of California by independents. This representation the order’s rules and regulations was olives who are subject to regulation was also weighted by the volume of modified to reapportion handler under the marketing order and olives handled so that if one group, membership to provide cooperative approximately 1,200 olive producers in either cooperatives or independents, handlers with two seats on the the regulated area. One of these handled 65 percent or more of the total Committee and independent handlers handlers informed the Committee that it industry’s volume handled during the with six seats. plans to exit the industry, and will no nominating crop year and the preceding When the number of handlers longer be handling olives after it crop year, that group would have five declined to one cooperative and two markets its old crop inventory. Small seats on the Committee and the other independent handlers, and restrictions agricultural service firms have been group would have three seats. on handler affiliation resulted in two defined by the Small Business In 1993, handler membership on the vacant handler positions on the Administration (13 CFR 121.201) as Committee was reallocated to reflect Committee, changes on handler those having annual receipts of less than changes within the industry. The allocation were implemented to allow $5,000,000, and small agricultural number of industry handlers declined to those positions to be filled and to enable producers are defined as those having only five handlers—one cooperative and the Committee to operate at full annual receipts of less than $500,000. four independents. At that time, strength. Section 932.159 was revised None of the olive handlers may be § 932.159 of the order’s rules and (64 FR 4286, January 28, 1999; 64 FR classified as small entities. regulations was modified to reapportion 23009, April 29, 1999) to eliminate the A review of historical and preliminary handler membership to provide distinction between cooperative information pertaining to the 1999–00 cooperative handlers with two seats on marketing organizations and crop year (August 1 through July 31) the Committee and independent independent handlers and § 932.160 on indicates that total grower revenue for handlers with six seats. handler affiliation was removed. The the 1999 crop will be approximately When the number of handlers eight handler seats on the Committee $39,500,000, and the average grower declined to one cooperative and two were reallocated based on the total revenue will be approximately $33,000. independent handlers, and restrictions volume of olives handled during the Thus, it can be concluded that the on handler affiliation resulted in two crop year in which nominations are majority of producers of California vacant handler positions on the made and the preceding crop year, with olives may be classified as small Committee, changes on handler the handlers handling the first and entities. allocation were implemented to allow second largest volume being represented This rule modifies the rules and these positions to be filled and to enable by three members each, and the regulations of the olive order regarding the Committee to operate at full remaining handler being represented by the structure of handler membership on strength. Section 932.159 was revised two members. the Committee. Section 932.25 of the (64 FR 4286, January 28, 1999; 64 FR Recently, one handler in the industry order provides for the establishment of 23009, April 29, 1999) to eliminate the indicated that it was exiting the the Committee to locally administer the distinction between cooperative business, will no longer be handling terms and provisions of the order. The marketing organizations and olives after it markets its old crop Committee is composed of 16 industry independent handlers and § 932.160 on inventory, and, that it no longer desired members, each with an alternate. Of the handler affiliation was removed. The to serve on the Committee. The 16 industry members, 8 are producers eight handler seats on the Committee Committee met and unanimously and 8 are handlers. This section also were reallocated based on the total recommended modifying the rules and specifies how the handler membership volume of olives handled during the regulations to reallocate handler on the Committee is allocated. crop year in which nominations are membership equally between the two Authority is provided for the made and the preceding crop year, with other handlers. Each handler will be Committee, with the approval of the the handlers handling the first and represented by four handlers and four Secretary, to change the allocation of second largest volume being represented alternates. This rule modifies the both producer and handler members as by three members each, and the Committee’s handler membership to may be necessary to assure equitable remaining handler being represented by enable the Committee to operate at full representation. two members. strength; i.e., with the eight handler and Section 932.159 of the administrative Recently, one of the handlers eight producer positions filled. rules and regulations provides that the indicated that it was exiting the

VerDate 112000 14:52 Oct 19, 2000 Jkt 194001 PO 00000 Frm 00003 Fmt 4700 Sfmt 4700 E:\FR\FM\20OCR1.SGM pfrm02 PsN: 20OCR1 62994 Federal Register / Vol. 65, No. 204 / Friday, October 20, 2000 / Rules and Regulations business, will no longer be handling Register on September 11, 2000 (65 FR preceding crop year shall each be olives after it markets its old crop 54818). Copies of the rule were mailed represented by four members and four inventory, and that it no longer desired or sent via facsimile to all Committee alternate members. to serve on the Committee. The members and olive handlers. Finally, Dated: October 17, 2000. Committee unanimously recommended the rule was made available through the Robert C. Keeney, modifying the rules and regulations to Internet by the Office of the Federal reallocate handler membership equally Register. A 30-day comment period Deputy Administrator, Fruit and Vegetable Programs. between two handlers with each ending October 11, 2000, was provided handler represented by four members to allow interested persons to respond [FR Doc. 00–27082 Filed 10–17–00; 5:09 pm] and four alternates. This rule enables to this proposal. No comments were BILLING CODE 3410±02±P the Committee to operate at full received. strength; i.e., with the eight handler and A small business guide on complying eight producer positions filled. with fruit, vegetable, and specialty crop DEPARTMENT OF TRANSPORTATION One alternative to this rule discussed marketing agreements and orders may at the meeting was to leave the language be viewed at the following website: Federal Aviation Administration in § 932.159 unchanged; however, the http://www.ams.usda.gov/fv/ current language is no longer moab.html. Any questions about the 14 CFR Part 39 appropriate. The current language compliance guide should be sent to Jay [Docket No. 98±NM±35±AD; Amendment specifies that the two handlers who Guerber at the previously mentioned 39±11933; AD 2000±21±01] handled the largest and second largest address in the FOR FURTHER INFORMATION volume of olives during the crop year in CONTACT section. RIN 2120±AA64 which nominations are made and in the After consideration of all relevant Airworthiness Directives; Lockheed preceding crop year shall be represented matter presented, including the Model L±1011±385 Series Airplanes by three members and alternate information and recommendation members each, and that the remaining submitted by the Committee and other AGENCY: Federal Aviation handler shall be represented by two available information, it is hereby found Administration, DOT. that this rule, as hereinafter set forth, members and two alternate members. ACTION: Final rule. Since one of the remaining handlers no will tend to effectuate the declared longer desires to serve on the policy of the Act. SUMMARY: This amendment adopts a Committee, the language concerning the It is further found that good cause new airworthiness directive (AD), two seats allocated to the third handler exists for not postponing the effective applicable to all Lockheed Model L– is no longer appropriate. Therefore, the date of this rule until 30 days after 1011–385 series airplanes, that requires Committee recommended that handler publication in the Federal Register (5 repetitive inspections to detect membership be reallocated equally U.S.C.) because the two vacant handler corrosion or fatigue cracking of certain between two handlers and that each member seats on the Committee should structural elements of the airplane; handler be represented by four members be filled as soon as possible, so that the corrective action, if necessary; and and four alternate members. Committee can operate at full strength. incorporation of certain structural This final rule will not impose any Further, handlers are aware of this rule, modifications. This amendment is additional reporting or recordkeeping which was recommended at a public prompted by new recommendations requirements on either of the two olive meeting. Also, a 30-day comment period related to incidents of fatigue cracking handlers. As with all Federal marketing was provided for in the proposed rule and corrosion in transport category order programs, reports and forms are and no comments were received. airplanes that are approaching or have periodically reviewed to reduce List of Subjects in 7 CFR Part 932 exceeded their economic design goal. information requirements and The actions specified by this AD are duplication by industry and public Marketing agreements, Olives, intended to prevent corrosion or fatigue sector agencies. In addition, the Reporting and recordkeeping cracking of certain structural elements, Department has not identified any requirements. which could result in reduced structural relevant Federal rules that duplicate, For the reasons set forth in the integrity of the airplane. overlap, or conflict with this rule. preamble, 7 CFR part 932 is amended as DATES: Effective November 24, 2000. Further, the Committee’s meeting was follows: widely publicized throughout the olive The incorporation by reference of industry and all interested persons were PART 932ÐOLIVES GROWN IN certain publications listed in the invited to attend the meeting and CALIFORNIA regulations is approved by the Director participate in Committee deliberations of the Federal Register as of November 1. The authority citation for 7 CFR on all issues. Like all Committee 24, 2000. part 932 continues to read as follows: meetings, the meeting at which the ADDRESSES: The service information recommendation was made was a public Authority: 7 U.S.C. 601–674. referenced in this AD may be obtained meeting and all entities, both large and 2. Section 932.159 is revised to read from Lockheed Martin Aircraft & small, were able to express their views as follows: Logistics Center, 120 Orion Street, on this issue. All of the industry Greenville, South Carolina 29605. This handlers currently represented on the § 932.159 Reallocation of handler information may be examined at the Committee participated in the membership. Federal Aviation Administration (FAA), deliberations. Finally, interested Pursuant to § 932.25, handler Transport Airplane Directorate, Rules persons were invited to submit representation on the Committee is Docket, 1601 Lind Avenue, SW., information on the regulatory and reallocated to provide that the two Renton, Washington; or at the FAA, informational impacts of this action on handlers who handled the largest and Atlanta Aircraft Certification Office, small businesses. second largest total volume of olives One Crown Center, 1895 Phoenix A proposed rule concerning this during the crop year in which Boulevard, suite 450, Atlanta, Georgia; action was published in the Federal nominations are made and in the or at the Office of the Federal Register,

VerDate 112000 14:52 Oct 19, 2000 Jkt 194001 PO 00000 Frm 00004 Fmt 4700 Sfmt 4700 E:\FR\FM\20OCR1.SGM pfrm02 PsN: 20OCR1 Federal Register / Vol. 65, No. 204 / Friday, October 20, 2000 / Rules and Regulations 62995

800 North Capitol Street, NW., suite with either Revision 1 or Revision 2 of that these inspections are already 700, Washington, DC. the Collector Service Bulletin, the required by AD 95–17–03, amendment FOR FURTHER INFORMATION CONTACT: applicable compliance thresholds and 39–9332 (60 FR 40753, August 10, Thomas Peters, Aerospace Engineer, repetitive intervals are those listed in 1995). Systems and Flight Test Branch, ACE– the individual service bulletins listed in The commenter makes no specific 116A, FAA, Atlanta Aircraft Tables I and II of Revision 1. Paragraphs request for a change to the proposed Certification Office, One Crown Center, (a)(1) and (a)(2), which specify the rule; however, the FAA infers that it is 1895 Phoenix Boulevard, suite 450, compliance times for paragraph (a) of requesting that this AD eliminate the Atlanta, Georgia 30349; telephone (770) this AD, reference only Revision 1 of the inspections in Lockheed Service 703–6063; fax (770) 703–6097. Collector Service Bulletin, and a new Bulletin 093–53–258, Revision 1, from the requirements of this AD. The FAA SUPPLEMENTARY INFORMATION: A note, ‘‘Note 2,’’ has been added to this concurs. While the AD referenced by the proposal to amend part 39 of the Federal final rule to clarify this issue. commenter requires inspections with Aviation Regulations (14 CFR part 39) to Comments the original issue of Lockheed Service include an airworthiness directive (AD) Interested persons have been afforded Bulletin 093–53–258, dated February that is applicable to all Lockheed Model an opportunity to participate in the 20, 1990, the FAA finds that the L–1011–385 series airplanes was making of this amendment. Due inspections in accordance with that published in the Federal Register on consideration has been given to the bulletin, as required by AD 95–17–03, June 25, 1999 (64 FR 34170). That action comments received. are acceptable for compliance with this proposed to require repetitive AD. Therefore, the FAA has revised inspections to detect corrosion or Support for the Proposed Rule paragraph (b) of this AD to state that the fatigue cracking of certain structural One commenter supports the structural inspections specified in elements of the airplane; corrective proposed rule. Lockheed Service Bulletin 093–53–258, action, if necessary; and incorporation Provide Grace Period for Certain Revision 1, are not required by this AD, of certain structural modifications. and that equivalent inspections are Inspections in Paragraph (a) Explanation of New Service already required by AD 95–17–03. The Information One commenter notes that, though modifications of Lockheed Service paragraph (a)(2) of the proposed rule Bulletin 093–53–258, Revision 1, that Since the issuance of the notice of provides a grace period of ‘‘one terminate the inspections currently proposed rulemaking (NPRM), the FAA repetitive interval after the effective date required by AD 95–17–03 are required has reviewed and approved Lockheed of this AD’’ for the inspections specified by this AD. Service Bulletin 093–51–040, Revision in paragraph (a) of the proposed rule, The same commenter questions why 2, dated October 21, 1999. The actions certain inspections are one-time the inspections in Lockheed Service described in Revision 2 of the service inspections and, therefore, do not have Bulletin 093–57–203, Revision 5, dated bulletin are essentially similar to those a repetitive interval. April 22, 1996, are included in the described in Lockheed Service Bulletin The commenter makes no specific requirements of paragraph (a) of the 093–51–040, Revision 1, dated October request for a change to the proposed proposed AD. The commenter points 1, 1997 (which was referenced as the rule. However, the FAA infers that the out that paragraph (e) of the proposed applicable source of service information commenter is requesting that the FAA rule would require installation of the for accomplishment of the actions clarify the grace period for terminating modification in Lockheed specified in the NPRM). Revision 2 of accomplishment of the subject one-time Service Bulletin 093–57–215, dated the service bulletin corrects and updates inspections. The FAA concurs that some April 11, 1996, which eliminates the certain references, and adds and revises clarification is needed, and notes that need for the inspections in Lockheed certain ‘‘notes’’ to improve clarity. the inspections without repetitive Service Bulletin 093–57–203, Revision Therefore, the FAA finds that either intervals in Table I reference ‘‘Footnote 5. Revision 1 or Revision 2 of Lockheed 3,’’ which provides a grace period of the The FAA concurs with the Service Bulletin 093–51–040 ‘‘next ’C’ check not to exceed 14 months commenter’s intent, though not for the (hereinafter referred to as ‘‘the Collector for aircraft exceeding threshold.’’ The reason stated by the commenter. Service Bulletin’’) is an acceptable FAA finds that a grace period of 14 Accomplishment of the inspections source of service information for the months is adequate to ensure that the described in Lockheed Service Bulletin actions required by this AD. unsafe condition is addressed in a 093–57–203 is necessary to ensure However, certain new revisions of the timely manner, without adversely continued safety of the airplane fleet individual service bulletins listed in affecting the safety of the airplane fleet. until accomplishment of Lockheed Tables I and II of Revision 2 of the Therefore, paragraph (a)(2) of this AD Service Bulletin 093–57–215. However, Collector Service Bulletin have reduced has been revised to specify a grace the FAA notes that inspections similar the compliance times for certain actions period of 14 months after the effective to those specified in Lockheed Service below what was specified in the date of this AD for the service bulletins Bulletin 093–57–203, Revision 5, are individual service bulletins listed in listed in Tables I and II of the Collector currently required by AD 98–10–14, Revision 1 of the Collector Service Service Bulletin that do not specify a amendment 39–10526 (63 FR 26966, Bulletin. The FAA finds that to reduce repetitive interval. May 15, 1998). (AD 98–10–14 requires the compliance times in this way would inspections in accordance with necessitate issuance of a supplemental Eliminate Duplicate Requirements Lockheed Service Bulletin 093–57–203, NPRM and reopening of the comment One commenter questions whether Revision 4, dated March 27, 1995, or period to allow adequate time for public the repetitive inspections specified in Revision 6, dated August 18, 1997.) comment. The FAA finds that it is Lockheed Service Bulletin 093–53–258, Thus, including these inspections in inappropriate to further delay issuance Revision 1, dated April 4, 1996, as listed this AD would unnecessarily duplicate of the final rule in this way. Therefore, in Table II of the Collector Service compliance requirements. Therefore, while this AD allows accomplishment Bulletin, should be included in the paragraph (b) of this AD has been of the actions in this AD in accordance proposed rule. The commenter notes revised to state that the structural

VerDate 112000 14:52 Oct 19, 2000 Jkt 194001 PO 00000 Frm 00005 Fmt 4700 Sfmt 4700 E:\FR\FM\20OCR1.SGM pfrm02 PsN: 20OCR1 62996 Federal Register / Vol. 65, No. 204 / Friday, October 20, 2000 / Rules and Regulations inspections specified in Lockheed paragraph (a) of this AD. Inspections in October 1, 1997, is not required by Service Bulletin 093–57–203, Revision accordance with Lockheed Service paragraph (d) of this AD. 5, are not required by this AD, and that Bulletin 093–53–249, Revision 3, at the Extend Compliance Times equivalent inspections are already interval specified in Table I of Lockheed required by AD 98–10–14. The Service Bulletin 093–51–040, Revision One commenter expresses concern terminating modifications of Lockheed 1, as required by this AD, are acceptable regarding the inspections specified in Service Bulletin 093–57–215 are for compliance with the inspections in Lockheed Service Bulletin 093–53–270, required by this AD. accordance with Lockheed Service Revision 1, dated August 23, 1996, and Bulletin 093–53–249, Revision 3, the modification specified in Lockheed Request To Acknowledge Superseding required by AD 94–05–01.’’ Service Bulletin 093–53–271, dated Requirement October 18, 1995. The commenter One commenter notes that the Require Overhaul of Main Landing operates several airplanes modified in inspections specified in Lockheed Gear Actuator accordance with a certain supplemental Service Bulletin 093–53–249 are One commenter states that one of the type certificate. The configuration of currently required as part of the purposes of Revision 1 of the Collector those airplanes will necessitate request requirements of AD 94–05–01, Service Bulletin was to require overhaul for approval of alternative methods of amendment 39–8839 (59 FR 10275, of the main landing gear (MLG) actuator compliance (AMOC) for the actions March 4, 1994). (AD 94–05–01 requires within 10 years after previous specified in these service bulletins. The accomplishment of Lockheed Service modification or overhaul. The proper commenter is concerned that it will not Bulletin 093–51–035, dated June 28, procedures for the MLG overhaul are be able to accomplish the AMOC’s 1990—an older ‘‘Collector’’ service described in Change Notice (CN) 1, within the compliance time proposed in bulletin.) However, the proposed AD dated September 21, 1998, for Lockheed this AD for those actions. would reduce the repetitive inspection Service Bulletin 093–32–238, Revision The commenter makes no specific interval for the inspections in that 3. However, Revision 1 of the Collector request for a change to this AD. bulletin from 5,000 to 4,500 flight Service Bulletin references Lockheed However, the FAA infers that it is cycles. The commenter requests that Service Bulletin 093–32–238, Revision requesting extension of the compliance language be added to the proposed rule 3, with no mention of CN 1. The time for the subject requirements. The to acknowledge that accomplishment of commenter asserts that the proposed AD FAA does not concur that such an the repetitive inspections in Lockheed would not mandate the MLG overhaul extension is appropriate. The inspection Service Bulletin 093–53–249, Revision as intended. threshold of 13,000 or 9,000 flight 3, dated February 28, 1994, at 4,500 The commenter makes no specific cycles (depending on airplane flight cycle intervals, in accordance request for a change to the proposed AD. configuration) and repetitive inspection with this AD, eliminates the need to However, the FAA infers that the interval of 2,500 flight cycles for the record accomplishment of the commenter is requesting that the actions in Lockheed Service Bulletin inspections in that service bulletin as proposed rule be revised to reference 093–53–270, Revision 1, and the required by AD 94–05–01. The CN 1 of the subject service bulletin. The threshold of 20,000 flight cycles for the commenter notes that this will eliminate FAA partially concurs. The FAA actions in Lockheed Service Bulletin confusion and dual compliance tracking acknowledges that the current version of 093–53–271, were established based on for operators. Lockheed Service Bulletin 093–32–238 consideration of structural damage risk, The FAA partially concurs with the is Revision 3, as revised by CN 1. The damage probability, and damage growth commenter’s request. Because AD 94– FAA also notes that Revision 2 of the rate. As noted by the commenter, if the 05–01 requires accomplishment of Collector Service Bulletin incorporates commenter’s unique circumstances another ‘‘Collector’’ service bulletin, the correct reference. However, to revise make it impossible to comply with the which lists numerous service bulletins, the proposed AD to specify overhaul of requirements of this AD as written, it the FAA is unable to revise the the MLG actuator in accordance with will need to submit a request for requirement to accomplish the actions Lockheed Service Bulletin 093–32–238, approval of an AMOC, in accordance in only one of those service bulletins Revision 3, as revised by CN 1, would with paragraph (g) of this AD. The FAA without superseding that entire AD. necessitate reopening the comment finds that the compliance time is Such an action cannot be undertaken in period to allow adequate time for public adequate for the commenter to submit the context of this rulemaking action. comment. Because of the criticality of its request for approval of an AMOC and Therefore, all of the requirements of AD the unsafe condition addressed in this for the FAA to review the request. No 94–05–01 are still applicable. As noted AD, the FAA finds that to delay change to the final rule is necessary in by the commenter, this results in two issuance of the final rule in this way this regard. parallel inspection requirements; would be inappropriate. However, the operators will be responsible for FAA is considering further rulemaking Clarify Terminating Action tracking compliance for both to ensure that overhaul of the MLG One commenter requests that the requirements. However, the FAA notes actuator is accomplished in a timely proposed rule be revised to clearly that the inspection in accordance with manner in accordance with Lockheed indicate which revisions of the service Lockheed Service Bulletin 093–53–249, Service Bulletin 093–32–238, Revision bulletins associated with the rear spar Revision 3, need only be accomplished 3, as revised by CN 1. A new paragraph, modification are acceptable for at the 4,500-flight-cycle interval paragraph (e), has been added to this terminating the rear spar inspections required by this AD. To clarify this, a final rule (and subsequent paragraphs described in Lockheed Service Bulletin new note ‘‘Note 3’’ has been added have been reordered accordingly) to 093–57–203 (which, as described following paragraph (a)(2) of this AD, to specify that overhaul of the main previously, are currently required by AD state, ‘‘The inspections specified in landing gear actuator in accordance 98–10–14). The commenter notes that Lockheed Service Bulletin 093–53–249, with Lockheed Service Bulletin 093–32– Revision 1 of the Collector Service Revision 3, dated February 28, 1994, are 238, Revision 3, dated April 11, 1996, as Bulletin lists Lockheed Service Bulletin included in the requirements of both AD listed in Table II of Lockheed Service 093–57–184, Revisions 2 through 7, and 94–05–01, amendment 39–8839, and Bulletin 093–51–040, Revision 1, dated Service Bulletin 093–57–196, Revisions

VerDate 112000 14:52 Oct 19, 2000 Jkt 194001 PO 00000 Frm 00006 Fmt 4700 Sfmt 4700 E:\FR\FM\20OCR1.SGM pfrm02 PsN: 20OCR1 Federal Register / Vol. 65, No. 204 / Friday, October 20, 2000 / Rules and Regulations 62997

1 through 6, as acceptable sources for proposed thresholds for inspection and requirements.’’ The FAA finds that no instructions for the rear spar modification of the rear spar on the clarification and no change to the final modifications. However, AD 98–10–14 Model L–1011–385–3 series airplanes rule is necessary in this regard. lists only Lockheed Service Bulletin are lower, in terms of accumulated flight Remove Terminating Modification 093–57–184, Revision 6, dated October cycles, and earlier, in terms of design- Requirement 28, 1991, and Revision 7, dated life goal, than currently required actions December 6, 1994, and Service Bulletin on the Model L–1011–385–1 series One commenter requests that 093–57–196, Revision 5, dated October airplanes. The commenter separately Lockheed Service Bulletin 093–53–256, 28, 1991, and Revision 6, dated notes that while the L–1011–385–1 Revision 1, dated October 7, 1991, be December 6, 1994, as sources of service series airplanes are approaching 83 removed from the listing of structural information for the modifications of the percent of the 36,000 flight-cycle modifications in Table II of the Collector rear spar to terminate the repetitive design-life goal, the L–1011–385–1–14, Service Bulletin. The commenter points inspections required by AD 98–10–14. L–1011–385–1–15, and L–1011–385–3 out that there are certain inspection The FAA does not concur and has series airplanes are at less than 50 findings addressed by repetitive determined that no change to the final percent of this goal. The commenter inspections and not by the immediate rule is necessary relevant to the justifies its request on the basis that installation of a terminating commenter’s request. This Model L–1011–385–3 series airplanes modification. determination is based on the following: are younger and accumulate flight The FAA does not concur with the • As explained previously, structural cycles at a lower rate than L–1011–385– commenter’s request. The intent of this inspections equivalent to those 1 series airplanes. AD is that the inspections specified in specified in Lockheed Service Bulletin The FAA does not concur with the Table II of the Collector Service Bulletin 093–57–203, Revision 5, are required by commenter’s request to increase the be accomplished according to the AD 98–10–14. [Paragraph (b) of this compliance threshold. The proposed schedule cited in that bulletin, and that final rule has been revised to clarify this compliance time for the modification of the specified terminating or corrective information.] the rear spar on Model L–1011–385–3 action be accomplished, unless • AD 98–10–14 correctly states series airplanes is based on established otherwise noted in this AD. For the terminating action for the requirements service history and predicted fatigue specific service bulletin referenced by of that AD. Therefore, use of any other cracking. The FAA has determined that the commenter, Table II states, revision to accomplish the the unique characteristics of Model L– ‘‘Terminate repeat inspections of Part I modifications would necessitate request 1011–385–3 series airplanes by performing Part II inspection and for approval of an AMOC in accordance (principally, higher fuel loading than on disposition of inspection findings per with paragraph (c) of AD 98–10–14. Model L–1011–385–1 series airplanes) Service Bulletin 093–53–256 R1.’’ The • Current revisions of the referenced make it necessary to require FAA finds that these instructions are modification bulletins, as well as modification of the rear spar at a lower clear, and no change to the final rule is Revision 2 of the Collector Service threshold relative to the Model L–1011– necessary in this regard. Bulletin (described previously), 385–1 series. Because of these unique Acknowledge Incorrect Reference to correctly indicate which revisions are characteristics, inspection thresholds Service Bulletin in Table II acceptable for terminating the and repetitive intervals are consistently inspections in Lockheed Service lower for actions affecting the wing rear One commenter points out that Bulletin 093–57–203. spar on Model L–1011–385–3 series Lockheed Service Bulletin 093–53–271, • Section 2.B. of Revisions 1 and 2 of airplanes than for actions affecting the dated October 18, 1995, listed in Table the Collector Service Bulletin (page 9) same area on Model L–1011–385–1 II of the Collector Service Bulletin, is states, ‘‘Aircraft effectivity, inspection series airplanes. No change to the final not an inspection bulletin. The thresholds, and repeat inspection rule is necessary in this regard. commenter notes that inspections are intervals are shown for convenience, contained in Lockheed Service Bulletin and in the event of conflicts, the Remove Inspection Requirement for 093–53–A271, as required by AD 95– individual service bulletin shall take Certain Airplanes 10–17, amendment 39–9234 (60 FR precedence.’’ One commenter requests that any 26683, May 18, 1995). airplane on which a rear spar The commenter makes no specific Increase Compliance Threshold modification has been installed request for a change to the proposal. The One commenter requests an increase previously be excluded from the FAA infers that the commenter is in the compliance threshold for the requirement to accomplish Lockheed requesting that the FAA acknowledge modification of the rear spar on Model Service Bulletin 093–57–194, Revision that there are no inspections in L–1011–385–3 series airplanes specified 3, dated April 11, 1994, as listed in accordance with Lockheed Service in Lockheed Service Bulletin 093–57– Table II of the Collector Service Bulletin 093–53–271. The FAA does not 215, dated April 11, 1996, as listed in Bulletin. The commenter states that it concur with the commenter’s request. Table II of the Collector Service sees little benefit in listing this The listing in Table II of the Collector Bulletin. The commenter states that the requirement for any airplanes subject to Service Bulletin for Lockheed Service proposed compliance threshold would AD 94–05–01, and the requirement Bulletin 093–53–271 refers to Lockheed preclude accomplishment of the rear should only apply to airplanes on which Service Bulletin 093–53–A271, dated spar modification during a regularly the rear spar has not been modified. April 25, 1995, as the correct source of scheduled maintenance visit, thus The FAA does not concur that any information for accomplishment of the increasing the cost of the modification change to this AD is necessary. For the inspections. The commenter is correct for operators. The commenter requests service bulletin referenced by the that AD 95–10–17 does require that the compliance time be increased to commenter, Table II of the Collector inspections in accordance with coincide with the compliance threshold Service Bulletin clearly states, ‘‘Rear Lockheed Service Bulletin 093–53– for a similar modification on Model L– spar web replacement per Service A271, dated April 25, 1995. However, 1011–385–1 series airplanes. The Bulletin 093–57–184, 093–57–196, or Revision 2 of the Collector Service commenter points out that current 093–57–215 terminates these Bulletin correctly notes that the

VerDate 112000 14:52 Oct 19, 2000 Jkt 194001 PO 00000 Frm 00007 Fmt 4700 Sfmt 4700 E:\FR\FM\20OCR1.SGM pfrm02 PsN: 20OCR1 62998 Federal Register / Vol. 65, No. 204 / Friday, October 20, 2000 / Rules and Regulations inspections required by that AD are one- incidental costs, such as the time requirements of this AD is affected, the time only. The FAA now finds that it is required to gain access and close up, owner/operator must request approval for an necessary for the inspections in that planning time, or time necessitated by alternative method of compliance in bulletin to be accomplished repetitively. other administrative actions. accordance with paragraph (g) of this AD. For the inspections associated with The request should include an assessment of Regulatory Impact the effect of the modification, alteration, or Lockheed Service Bulletin 093–53–271 repair on the unsafe condition addressed by (meaning the inspections of Lockheed The regulations adopted herein will this AD; and, if the unsafe condition has not Service Bulletin 093–53–A271, dated not have a substantial direct effect on been eliminated, the request should include April 25, 1995), Revision 1 of the the States, on the relationship between specific proposed actions to address it. Collector Service Bulletin specifies the national Government and the States, Compliance: Required as indicated, unless repetitive intervals varying from 3,500 or on the distribution of power and accomplished previously. to 6,500 flight cycles, depending on the responsibilities among the various To prevent corrosion or fatigue cracking of method of inspection. The FAA has levels of government. Therefore, it is certain structural elements, which could determined that the inspections and determined that this final rule does not result in reduced structural integrity of the repetitive intervals specified in Revision have federalism implications under airplane, accomplish the following: 1 of the Collector Service Bulletin are Executive Order 13132. Inspections adequate to ensure the safety of the For the reasons discussed above, I (a) Except as provided by paragraph (b) of airplane fleet. No change to the final certify that this action (1) is not a this AD, perform structural inspections to rule is necessary in this regard. ‘‘significant regulatory action’’ under detect corrosion or fatigue cracking of certain Executive Order 12866; (2) is not a Conclusion structural elements of the airplane, in ‘‘significant rule’’ under DOT accordance with the applicable service After careful review of the available Regulatory Policies and Procedures (44 bulletins listed under ‘‘Service Bulletin data, including the comments noted FR 11034, February 26, 1979); and (3) Number, Revision, and Date’’ in Tables I and above, the FAA has determined that air will not have a significant economic II of Lockheed Service Bulletin 093–51–040, safety and the public interest require the impact, positive or negative, on a Revision 1, dated October 1, 1997, or Revision 2, dated October 21, 1999. Perform adoption of the rule with the changes substantial number of small entities previously described. The FAA has the initial inspections at the later of the times under the criteria of the Regulatory specified in paragraphs (a)(1) and (a)(2) of determined that these changes will Flexibility Act. A final evaluation has this AD. Thereafter, repeat each inspection at neither increase the economic burden been prepared for this action and it is an interval not to exceed that specified in the on any operator nor increase the scope contained in the Rules Docket. A copy applicable service bulletin listed in Revision of the AD. of it may be obtained from the Rules 1 of Lockheed Service Bulletin 093–51–040. (1) Prior to the threshold specified in the Cost Impact Docket at the location provided under the caption ADDRESSES. individual service bulletin listed in Table I There are approximately 214 Model or II of Lockheed Service Bulletin 093–51– L–1011–385 series airplanes of the List of Subjects in 14 CFR Part 39 040, Revision 1, as applicable. (2) Within one repetitive interval after the affected design in the worldwide fleet. Air transportation, Aircraft, Aviation The FAA estimates that 107 airplanes of effective date of this AD, as specified in the safety, Incorporation by reference, individual service bulletin listed in Table I U.S. registry will be affected by this AD. Safety. It will take approximately 315 work or II of Lockheed Service Bulletin 093–51– Adoption of the Amendment 040, Revision 1, as applicable; or within 14 hours per airplane to accomplish the months after the effective date of this AD for required inspections, at an average labor Accordingly, pursuant to the the service bulletins in Tables I and II that rate of $60 per work hour. Based on authority delegated to me by the do not specify a repetitive interval; as these figures, the cost impact of the Administrator, the Federal Aviation applicable. inspections required by this AD on U.S. Administration amends part 39 of the Note 2: Operators should note that operators is estimated to be $2,022,300, Federal Aviation Regulations (14 CFR paragraphs (a)(1) and (a)(2) of this AD or $18,900 per airplane, per inspection part 39) as follows: reference only Revision 1 of Lockheed cycle. Service Bulletin 093–51–040. Certain new It will take approximately 3,385 work PART 39ÐAIRWORTHINESS revisions of the individual service bulletins hours per airplane to accomplish the DIRECTIVES listed in Tables I and II of Lockheed Service required modifications, at an average Bulletin 093–51–040, Revision 2, have 1. The authority citation for part 39 reduced the compliance times below those labor rate of $60 per work hour. specified in the service bulletin revision Required parts will cost approximately continues to read as follows: levels listed in Lockheed Service Bulletin $242,000 per airplane. Based on these Authority: 49 U.S.C. 106(g), 40113, 44701. 093–51–040, Revision 1. While this AD figures, the cost impact of the allows accomplishment of the actions in this modifications required by this AD on § 39.13 [Amended] AD in accordance with either Lockheed U.S. operators is estimated to be 2. Section 39.13 is amended by Service Bulletin 093–51–040, Revision 1, or $47,625,700, or $445,100 per airplane. adding the following new airworthiness Revision 2, the applicable compliance thresholds and repetitive intervals are those The cost impact figures discussed directive: above are based on assumptions that no listed in the individual service bulletins operator has yet accomplished any of 2000–21–01 Lockheed: Amendment 39– listed in Table I or II of Lockheed Service 11933. Docket 98–NM–35–AD. Bulletin 093–51–040, Revision 1. the requirements of this AD action, and that no operator would accomplish Applicability: All Model L–1011–385 Note 3: The inspections specified in series airplanes, certificated in any category. those actions in the future if this AD Lockheed Service Bulletin 093–53–249, were not adopted. The cost impact Note 1: This AD applies to each airplane Revision 3, dated February 28, 1994, are identified in the preceding applicability included in the requirements of both AD 94– figures discussed in AD rulemaking provision, regardless of whether it has been 05–01, amendment 39–8839, and paragraph actions represent only the time modified, altered, or repaired in the area (a) of this AD. Inspections in accordance with necessary to perform the specific actions subject to the requirements of this AD. For Lockheed Service Bulletin 093–53–249, actually required by the AD. These airplanes that have been modified, altered, or Revision 3, at the interval specified in Table figures typically do not include repaired so that the performance of the I of Lockheed Service Bulletin 093–51–040,

VerDate 112000 14:52 Oct 19, 2000 Jkt 194001 PO 00000 Frm 00008 Fmt 4700 Sfmt 4700 E:\FR\FM\20OCR1.SGM pfrm02 PsN: 20OCR1 Federal Register / Vol. 65, No. 204 / Friday, October 20, 2000 / Rules and Regulations 62999

Revision 1, as required by this AD, are (1) Prior to the threshold specified in the Greenville, South Carolina 29605. Copies acceptable for compliance with the applicable service bulletin listed in Table II may be inspected at the FAA, Transport inspections in accordance with Lockheed of Lockheed Service Bulletin 093–51–040, Airplane Directorate, 1601 Lind Avenue, Service Bulletin 093–53–249, Revision 3, Revision 1 or Revision 2. SW., Renton, Washington; at the FAA, required by AD 94–05–01. (2) Within 5 years or 5,000 flight cycles Atlanta Aircraft Certification Office, One (b) The following service bulletins listed in after the effective date of this AD, whichever Crown Center, 1895 Phoenix Boulevard, suite Table II of Lockheed Service Bulletin 093– occurs first. 450, Atlanta, Georgia; or at the Office of the 51–040, Revision 1, dated October 1, 1997, Note 4: Installation of the terminating Federal Register, 800 North Capitol Street, and Revision 2, dated October 21, 1999, are modifications specified in Lockheed Service NW., suite 700, Washington, DC. excluded from the requirements of paragraph Bulletin 093–53–268, Revision 1, dated July Effective Date (a) of this AD. 2, 1996, and Lockheed Service Bulletin 093– (1) The structural inspections specified in 53–272, dated November 12, 1996, does not (j) This amendment becomes effective on Lockheed Service Bulletins 093–53–268, constitute terminating action for the November 24, 2000. Revision 1, dated July 2, 1996, and 093–53– repetitive inspection requirements of AD 99– Issued in Renton, Washington, on October 272, Revision 1, dated March 17, 1997, are 08–20, amendment 39–11128. 11, 2000. not required by this AD. The inspections (e) Overhaul of the main landing gear Donald L. Riggin, specified in these service bulletins are actuator in accordance with Lockheed Acting Manager, Transport Airplane required by AD 99–08–20, amendment 39– Service Bulletin 093–32–238, Revision 3, Directorate, Aircraft Certification Service. 11128. dated April 11, 1996, as listed in Table II of (2) The structural inspections specified in Lockheed Service Bulletin 093–51–040, [FR Doc. 00–26590 Filed 10–19–00; 8:45 am] Lockheed Service Bulletin 093–53–258, Revision 1, dated October 1, 1997, is not BILLING CODE 4910±13±P Revision 1, dated April 4, 1996, are not required by paragraph (d) of this AD. required by this AD. Inspections equivalent (f) At the later of the times specified in to those specified in that bulletin are paragraphs (f)(1) and (f)(2) of this AD: Install required by AD 95–17–03, amendment 39– DEPARTMENT OF TRANSPORTATION the terminating modification listed in 9332. Lockheed Service Bulletin 093–57–215, as (3) The structural inspections specified in Federal Aviation Administration referenced in Table II of Lockheed Service Lockheed Service Bulletin 093–57–203, Bulletin 093–51–040, Revision 1, dated Revision 5, dated April 22, 1996, are not 14 CFR Part 39 October 1, 1997, or Revision 2, dated October required by this AD. Inspections equivalent to those specified in that bulletin are 21, 1999. Such installation constitutes [Docket No. 2000±NM±123±AD; Amendment required by AD 98–10–14, amendment 39– terminating action for the inspections 39±11937; AD 2000±21±05] 10526. required by AD 98–10–14, amendment 39– 10526. RIN 2120±AA64 Corrective Action (1) Prior to the threshold specified in Lockheed Service Bulletin 093–57–203, Airworthiness Directives; British (c) If any cracking is detected during any Aerospace BAe Model ATP Airplanes inspection required by paragraph (a) of this Revision 5, dated April 22, 1996. AD, prior to further flight, accomplish the (2) Within 2 years or 2,000 flight cycles after the effective date of this AD, whichever AGENCY: Federal Aviation actions specified in paragraph (c)(1), (c)(2), Administration, DOT. (c)(3), or (c)(4) of this AD. occurs first. ACTION: (1) Repair in accordance with the Alternative Methods of Compliance Final rule; request for applicable service bulletin referenced in comments. Table I or II of Lockheed Service Bulletin (g) An alternative method of compliance or 093–51–040, Revision 1, dated October 1, adjustment of the compliance time that SUMMARY: This amendment adopts a 1997, or Revision 2, dated October 21, 1999. provides an acceptable level of safety may be new airworthiness directive (AD), (2) Repair in accordance with the used if approved by the Manager, Atlanta applicable to all British Aerospace BAe ACO. Operators shall submit their requests applicable section of the Lockheed L–1011 Model ATP airplanes. This action Structural Repair Manual. through an appropriate FAA Principal Maintenance Inspector, who may add requires repetitive inspections to detect (3) Accomplish the terminating damage of the torque link apex joint of modification in accordance with the comments and then send it to the Manager, applicable service bulletin referenced in Atlanta ACO. the left-and right-hand main landing Table I or II of Lockheed Service Bulletin Note 5: Information concerning the gear (MLG); and replacement of nuts, 093–51–040, Revision 1, dated October 1, existence of approved alternative methods of pins, and bolts with new parts, if 1997, or Revision 2, dated October 21, 1999. compliance with this AD, if any, may be necessary. This action is necessary to (4) Repair in accordance with a method obtained from the Atlanta ACO. prevent separation of the top and approved by the Manager, Atlanta Aircraft Special Flight Permits bottom torque links, and consequent Certification Office (ACO), FAA. loss of directional control of the MLG. (h) Special flight permits may be issued in This action is intended to address the Terminating Action accordance with §§ 21.197 and 21.199 of the (d) Except as provided by paragraph (e) of Federal Aviation Regulations (14 CFR 21.197 identified unsafe condition. this AD, install the terminating modification and 21.199) to operate the airplane to a DATES: Effective November 6, 2000. referenced in each service bulletin listed in location where the requirements of this AD The incorporation by reference of Table II of Lockheed Service Bulletin 093– can be accomplished. certain publications listed in the 51–040, Revision 1, dated October 1, 1997, or regulations is approved by the Director Revision 2, dated October 21, 1999; in Incorporation by Reference accordance with the applicable service (i) Except as provided by paragraphs (c)(2) of the Federal Register as of November bulletin listed under ‘‘Service Bulletin and (c)(4) of this AD, the actions shall be 6, 2000. Number, Revision, and Date’’ in Table II of done in accordance with Lockheed Service Comments for inclusion in the Rules Lockheed Service Bulletin 093–51–040, Bulletin 093–51–040, Revision 1, dated Docket must be received on or before Revision 1 or Revision 2. Except as provided October 1, 1997; or Lockheed Service November 20, 2000. by paragraph (f) of this AD, install each Bulletin 093–51–040, Revision 2, dated ADDRESSES: Submit comments in modification at the later of the times October 21, 1999. This incorporation by triplicate to the Federal Aviation specified in paragraphs (d)(1) and (d)(2) of reference was approved by the Director of the this AD. Such installation constitutes Federal Register in accordance with 5 U.S.C. Administration (FAA), Transport terminating action for the applicable 552(a) and 1 CFR part 51. Copies may be Airplane Directorate, ANM–114, structural inspection required by paragraph obtained from Lockheed Martin Aircraft & Attention: Rules Docket No. 2000–NM– (a) of this AD. Logistics Center, 120 Orion Street, 123–AD, 1601 Lind Avenue, SW.,

VerDate 112000 14:52 Oct 19, 2000 Jkt 194001 PO 00000 Frm 00009 Fmt 4700 Sfmt 4700 E:\FR\FM\20OCR1.SGM pfrm02 PsN: 20OCR1 63000 Federal Register / Vol. 65, No. 204 / Friday, October 20, 2000 / Rules and Regulations

Renton, Washington 98055–4056. accomplishment of the recommended Determination of Rule’s Effective Date Comments may be inspected at this actions. The Messier-Dowty service location between 9:00 a.m. and 3:00 bulletin describes procedures for Since this AD action does not affect p.m., Monday through Friday, except repetitive inspections to detect damage any airplane that is currently on the Federal holidays. Comments may be of the torque link apex joint of the left- U.S. register, it has no adverse economic submitted via fax to (425) 227–1232. and right-hand MLG; and replacement impact and imposes no additional Comments may also be sent via the of nuts, pins, and bolts with new parts, burden on any person. Therefore, prior Internet using the following address: 9- if necessary. notice and public procedures hereon are [email protected]. Comments sent The CAA classified the British unnecessary and the amendment may be via fax or the Internet must contain Aerospace service bulletin as mandatory made effective in less than 30 days after ‘‘Docket No. 2000–NM–123–AD’’ in the and issued British airworthiness publication in the Federal Register. subject line and need not be submitted directive 008–02–2000 in order to Comments Invited in triplicate. Comments sent via the assure the continued airworthiness of Internet as attached electronic files must these airplanes in the . Although this action is in the form of a final rule and was not preceded by be formatted in Microsoft Word 97 for FAA’s Conclusions Windows or ASCII text. notice and opportunity for public The service information referenced in This airplane model is manufactured comment, comments are invited on this this AD may be obtained from British in the United Kingdom and is type rule. Interested persons are invited to Aerospace Regional Aircraft American certificated for operation in the United comment on this rule by submitting Support, 13850 Mclearen Road, States under the provisions of § 21.29 of such written data, views, or arguments Herndon, Virginia 20171. This the Federal Aviation Regulations (14 as they may desire. Communications information may be examined at the CFR 21.19) and the applicable bilateral shall identify the Rules Docket number FAA, Transport Airplane Directorate, airworthiness agreement. Pursuant to and be submitted in triplicate to the 1601 Lind Avenue, SW., Renton, this bilateral airworthiness agreement, address specified under the caption Washington; or at the Office of the the CAA has kept the FAA informed of ADDRESSES. All communications Federal Register, 800 North Capitol the situation described above. The FAA received on or before the closing date Street, NW., suite 700, Washington, DC. has examined the findings of the CAA, for comments will be considered, and reviewed all available information, and FOR FURTHER INFORMATION CONTACT: this rule may be amended in light of the determined that AD action is necessary Norman B. Martenson, Manager, comments received. Factual information for products of this type design that are International Branch, ANM–116, FAA, that supports the commenter’s ideas and certificated for operation in the United Transport Airplane Directorate, 1601 suggestions is extremely helpful in States. Lind Avenue, SW., Renton, Washington evaluating the effectiveness of the AD 98055–4056; telephone (425) 227–2110; Explanation of Requirements of the action and determining whether fax (425) 227–1149. Rule additional rulemaking action would be needed. SUPPLEMENTARY INFORMATION: The Civil Since an unsafe condition has been Submit comments using the following Aviation Authority (CAA), which is the identified that is likely to exist or format: airworthiness authority for the United develop on other airplanes of the same Kingdom, notified the FAA that an type design registered in the United • Organize comments issue-by-issue. unsafe condition may exist on all British States, this AD is being issued to For example, discuss a request to Aerospace BAe Model ATP airplanes. prevent separation of the top and change the compliance time and a The CAA advises that it received reports bottom torque links, and consequent request to change the service bulletin of failures of the torque links of the loss of directional control of the MLG. reference as two separate issues. main landing gear (MLG). The failures This AD requires accomplishment of the • For each issue, state what specific have occurred at the bolt assembly (apex actions specified in the service bulletins change to the AD is being requested. joint) that attaches the top link to the described previously. • Include justification (e.g., reasons or bottom link. The failures are caused by data) for each request. wear in the threads of the pin and nut Cost Impact of the bolt assembly. This wear is None of the BAe Model ATP airplanes Comments are specifically invited on caused by lateral oscillatory loading of affected by this action are on the U.S. the overall regulatory, economic, the joint coupled with its normal Register. All airplanes included in the environmental, and energy aspects of movement as the MLG oleo compresses applicability of this rule currently are the rule that might suggest a need to and extends. Excessive wear in the operated by non-U.S. operators under modify the rule. All comments threads can result in loss of the nut and foreign registry; therefore, they are not submitted will be available, both before separation of the joint when the directly affected by this AD action. and after the closing date for comments, attachment pin migrates from its bushes However, the FAA considers that this in the Rules Docket for examination by in the torque links. Separation of the top rule is necessary to ensure that the interested persons. A report that and bottom torque links could result in unsafe condition is addressed in the summarizes each FAA-public contact loss of directional control of the MLG. event that any of these subject airplanes concerned with the substance of this AD are imported and placed on the U.S. will be filed in the Rules Docket. Explanation of Relevant Service Register in the future. Commenters wishing the FAA to Information Should an affected airplane be acknowledge receipt of their comments British Aerospace has issued Service imported and placed on the U.S. submitted in response to this rule must Bulletin ATP–32–99, dated February 21, Register in the future, it would require submit a self-addressed, stamped 2000. The service bulletin references approximately 2 work hours to postcard on which the following Messier-Dowty Service Bulletin 200– accomplish the required actions, at an statement is made: ‘‘Comments to 32–263, including Appendix A, dated average labor rate of $60 per work hour. Docket Number 2000–NM–123–AD.’’ February 1, 2000, as an additional Based on these figures, the cost impact The postcard will be date stamped and source of service information for of this AD would be $120 per airplane. returned to the commenter.

VerDate 112000 14:52 Oct 19, 2000 Jkt 194001 PO 00000 Frm 00010 Fmt 4700 Sfmt 4700 E:\FR\FM\20OCR1.SGM pfrm02 PsN: 20OCR1 Federal Register / Vol. 65, No. 204 / Friday, October 20, 2000 / Rules and Regulations 63001

Regulatory Impact alternative method of compliance in Note 3: The subject of this AD is addressed accordance with paragraph (b) of this AD. in British airworthiness directive 008–02– The regulations adopted herein will The request should include an assessment of 2000. not have a substantial direct effect on the effect of the modification, alteration, or the States, on the relationship between repair on the unsafe condition addressed by Effective Date the national Government and the States, this AD; and, if the unsafe condition has not (e) This amendment becomes effective on or on the distribution of power and been eliminated, the request should include November 6, 2000. specific proposed actions to address it. responsibilities among the various Issued in Renton, Washington, on October levels of government. Therefore, it is Compliance: Required as indicated, unless 12, 2000. determined that this final rule does not accomplished previously. To prevent separation of the top and Donald L. Riggin, have federalism implications under bottom torque links, and consequent loss of Acting Manager, Transport Airplane Executive Order 13132. directional control of the main landing gear Directorate, Aircraft Certification Service. For the reasons discussed above, I (MLG), accomplish the following: [FR Doc. 00–26710 Filed 10–19–00; 8:45 am] certify that this action (1) is not a BILLING CODE 4910±13±P ‘‘significant regulatory action’’ under Inspection Executive Order 12866; (2) is not a (a) Within 800 landings or 4 months after ‘‘significant rule’’ under DOT the effective date of this AD, whichever occurs first: Perform an inspection to detect DEPARTMENT OF TRANSPORTATION Regulatory Policies and Procedures (44 damage of the torque link apex joint of the FR 11034, February 26, 1979); and (3) left- and right-hand MLG, in accordance with Federal Aviation Administration will not have a significant economic British Aerospace Service Bulletin ATP–32– impact, positive or negative, on a 99, dated February 21, 2000, and Messier- 14 CFR Part 39 Dowty Service Bulletin 200–32–263, substantial number of small entities [Docket No. 99±NM±379±AD; Amendment including Appendix A, dated February 1, under the criteria of the Regulatory 39±11934; AD 2000±21±02] Flexibility Act. A final evaluation has 2000. If any damage exceeds the limit specified in the Messier-Dowty service RIN 2120±AA64 been prepared for this action and it is bulletin, prior to further flight, replace the contained in the Rules Docket. A copy nut, bolt, and pin with new parts, as Airworthiness Directives; Airbus Model of it may be obtained from the Rules applicable, in accordance with that service A330 and A340 Series Airplanes Docket at the location provided under bulletin. Repeat the inspection thereafter at the caption ADDRESSES. intervals not to exceed 1,000 landings. AGENCY: Federal Aviation Administration, DOT. List of Subjects in 14 CFR Part 39 Alternative Methods of Compliance ACTION: Final rule. Air transportation, Aircraft, Aviation (b) An alternative method of compliance or adjustment of the compliance time that safety, Incorporation by reference, SUMMARY: This amendment adopts a provides an acceptable level of safety may be new airworthiness directive (AD), Safety. used if approved by the Manager, applicable to certain Airbus Model Adoption of the Amendment International Branch, ANM–116, FAA, Transport Airplane Directorate. Operators A330 and A340 series airplanes, that Accordingly, pursuant to the shall submit their requests through an requires revising the Airplane Flight authority delegated to me by the appropriate FAA Principal Maintenance Manual to include new flight Administrator, the Federal Aviation Inspector, who may add comments and then operational procedures for the fuel Administration amends part 39 of the send it to the Manager, International Branch, system; repetitive inspections of the Federal Aviation Regulations (14 CFR ANM–116. trim transfer fuel line in the vicinity of part 39) as follows: Note 2: Information concerning the the aft pressure bulkhead located existence of approved alternative methods of between frame (FR) 77 and FR86 to PART 39ÐAIRWORTHINESS compliance with this AD, if any, may be obtained from the International Branch, detect any discrepancy; and corrective DIRECTIVES ANM–116. actions, if necessary. This amendment also requires modification of the air 1. The authority citation for part 39 Special Flight Permits release valve in the fuel trim tank continues to read as follows: (c) Special flight permits may be issued in transfer system, which constitutes Authority: 49 U.S.C. 106(g), 40113, 44701. accordance with §§ 21.197 and 21.199 of the terminating action for the requirements Federal Aviation Regulations (14 CFR 21.197 of this AD. This amendment is § 39.13 [Amended] and 21.199) to operate the airplane to a prompted by issuance of mandatory location where the requirements of this AD 2. Section 39.13 is amended by can be accomplished. continuing airworthiness information by adding the following new airworthiness a foreign civil airworthiness authority. directive: Incorporation by Reference The actions specified by this AD are 2000–21–05 British Aerospace Regional (d) The actions shall be done in accordance intended to prevent damage to the fuel Aircraft [Formerly Jetstream Aircraft with British Aerospace Service trim transfer system, which could cause Limited; British Aerospace (Commercial Bulletin ATP–32–99, dated February 21, rupture of the trim transfer fuel line due Aircraft) Limited]: Amendment 39– 2000, and Messier-Dowty Service Bulletin to pressure build-up, and result in fuel 11937. Docket 2000–NM–123–AD. 200–32–263, including Appendix A, dated February 1, 2000. This incorporation by leakage from that fuel line. This action Applicability: All BAe Model ATP reference was approved by the Director of the is intended to address the identified airplanes, certificated in any category. Federal Register in accordance with 5 U.S.C. unsafe condition. Note 1: This AD applies to each airplane 552(a) and 1 CFR part 51. Copies may be DATES: Effective November 24, 2000. identified in the preceding applicability obtained from British Aerospace Regional The incorporation by reference of provision, regardless of whether it has been Aircraft American Support, 13850 Mclearen certain publications listed in the modified, altered, or repaired in the area Road, Herndon, Virginia 20171. Copies may regulations is approved by the Director subject to the requirements of this AD. For be inspected at the FAA, Transport Airplane of the Federal Register as of November airplanes that have been modified, altered, or Directorate, 1601 Lind Avenue, SW., Renton, repaired so that the performance of the Washington; or at the Office of the Federal 24, 2000. requirements of this AD is affected, the Register, 800 North Capitol Street, NW., suite ADDRESSES: The service information owner/operator must request approval for an 700, Washington, DC. referenced in this AD may be obtained

VerDate 112000 14:52 Oct 19, 2000 Jkt 194001 PO 00000 Frm 00011 Fmt 4700 Sfmt 4700 E:\FR\FM\20OCR1.SGM pfrm02 PsN: 20OCR1 63002 Federal Register / Vol. 65, No. 204 / Friday, October 20, 2000 / Rules and Regulations from Airbus Industrie, 1 Rond Point impact of each inspection required by PART 39ÐAIRWORTHINESS Maurice Bellonte, 31707 Blagnac Cedex, this AD action will be $360, or $120 per DIRECTIVES France. This information may be airplane. examined at the Federal Aviation It will require approximately 3 work 1. The authority citation for part 39 Administration (FAA), Transport hours to accomplish the installation of continues to read as follows: Airplane Directorate, Rules Docket, the additional pressure relief valves in Authority: 49 U.S.C. 106(g), 40113, 44701. 1601 Lind Avenue, SW., Renton, the fuel trim tank, at an average labor Washington; or at the Office of the rate of $60 per work hour. Based on this § 39.13 [Amended] Federal Register, 800 North Capitol figure, the cost impact of the installation 2. Section 39.13 is amended by Street, NW., suite 700, Washington, DC. required by this AD action will be $540, adding the following new airworthiness FOR FURTHER INFORMATION CONTACT: or $180 per airplane. directive: Norman B. Martenson, Manager, The cost impact figures discussed 2000–21–02 Airbus Industrie: Amendment International Branch, ANM–116, FAA, above are based on assumptions that no 39–11934. Docket 99–NM–379–AD. Transport Airplane Directorate, 1601 operator has yet accomplished any of Applicability: Model A330 and A340 series Lind Avenue, SW., Renton, Washington the requirements of this AD action, and airplanes, certificated in any category, except 98055–4056; telephone (425) 227–2110; that no operator would accomplish those airplanes on which Airbus fax (425) 227–1149. those actions in the future if this AD Modification 47293 has been installed in production, or on which the modification has SUPPLEMENTARY INFORMATION: A were not adopted. The cost impact been accomplished in accordance with proposal to amend part 39 of the Federal figures discussed in AD rulemaking actions represent only the time Airbus Service Bulletin A330–28–3063 or Aviation Regulations (14 CFR part 39) to A340–28–4079, both dated October 6, 1999; include an airworthiness directive (AD) necessary to perform the specific actions as applicable. actually required by the AD. These that is applicable to certain Airbus Note 1: This AD applies to each airplane Model A330 and A340 series airplanes figures typically do not include identified in the preceding applicability was published in the Federal Register incidental costs, such as the time provision, regardless of whether it has been on June 28, 2000 (65 FR 39825). That required to gain access and close up, otherwise modified, altered, or repaired in action proposed to require revising the planning time, or time necessitated by the area subject to the requirements of this Airplane Flight Manual (AFM) to other administrative actions. AD. For airplanes that have been modified, altered, or repaired so that the performance include new flight operational Regulatory Impact procedures for the fuel system; of the requirements of this AD is affected, the The regulations adopted herein will owner/operator must request approval for an repetitive inspections of the trim alternative method of compliance in transfer fuel line in the vicinity of the not have a substantial direct effect on the States, on the relationship between accordance with paragraph (d) of this AD. aft pressure bulkhead located between The request should include an assessment of frame (FR) 77 and FR86 to detect any the national Government and the States, the effect of the modification, alteration, or discrepancy; and corrective actions, if or on the distribution of power and repair on the unsafe condition addressed by necessary. That action also proposed to responsibilities among the various this AD; and, if the unsafe condition has not require modification of the air release levels of government. Therefore, it is been eliminated, the request should include valve in the fuel trim tank transfer determined that this final rule does not specific proposed actions to address it. system, which would constitute have federalism implications under Compliance: Required as indicated, unless terminating action for the requirements Executive Order 13132. accomplished previously. To prevent damage to the fuel trim transfer of this AD. For the reasons discussed above, I certify that this action (1) is not a system, which could cause rupture of the Comments ‘‘significant regulatory action’’ under trim transfer fuel line due to pressure build- up, and result in fuel leakage from that line; Interested persons have been afforded Executive Order 12866; (2) is not a accomplish the following: an opportunity to participate in the ‘‘significant rule’’ under DOT making of this amendment. No Regulatory Policies and Procedures (44 Airplane Flight Manual Revision comments were submitted in response FR 11034, February 26, 1979); and (3) (a) Within 10 days after the effective date to the proposal or the FAA’s will not have a significant economic of this AD, revise the Limitations and Normal determination of the cost to the public. impact, positive or negative, on a Procedures section of the FAA-approved substantial number of small entities Airplane Flight Manual (AFM) to include the Conclusion under the criteria of the Regulatory information specified in Airbus Temporary Revision (TR) 4.03.00/09, TR 4.03.00/10, and The FAA has determined that air Flexibility Act. A final evaluation has TR 4.03.00/12 (for Model A330 series safety and the public interest require the been prepared for this action and it is airplanes); or TR 4.03.00/20 (for Model A340 adoption of the rule as proposed. contained in the Rules Docket. A copy series airplanes); all dated July 23, 1999; as of it may be obtained from the Rules applicable. Cost Impact Docket at the location provided under Note 2: The AFM revision required by The FAA estimates that 3 Airbus the caption ADDRESSES. paragraph (a) of this AD may be Model A330 series airplanes of U.S. accomplished by inserting a copy of the Registry will be affected by this AD. List of Subjects in 14 CFR Part 39 applicable TR into the applicable section of It will require approximately 1 work Air transportation, Aircraft, Aviation the AFM. When the temporary revisions hour to accomplish the revision to the safety, Incorporation by reference, required by paragraph (a) of this AD have AFM, at an average labor rate of $60 per Safety. been incorporated into the general revisions work hour. Based on this figure, the cost of the AFM, the general revisions may be Adoption of the Amendment inserted into the AFM, provided that the impact of the AFM revision required by information contained in the general this AD action will be $180, or $60 per Accordingly, pursuant to the revisions is identical to that specified in the airplane. authority delegated to me by the temporary revisions. It will require approximately 2 work Administrator, the Federal Aviation hours to accomplish each inspection, at Administration amends part 39 of the Inspections an average labor rate of $60 per work Federal Aviation Regulations (14 CFR (b) Within 1,000 flight hours after the hour. Based on this figure, the cost part 39) as follows: effective date of this AD, perform a detailed

VerDate 112000 14:52 Oct 19, 2000 Jkt 194001 PO 00000 Frm 00012 Fmt 4700 Sfmt 4700 E:\FR\FM\20OCR1.SGM pfrm02 PsN: 20OCR1 Federal Register / Vol. 65, No. 204 / Friday, October 20, 2000 / Rules and Regulations 63003 visual inspection of the trim transfer fuel line Note 4: Information concerning the DEPARTMENT OF TRANSPORTATION in the vicinity of the aft pressure bulkhead existence of approved alternative methods of located between frame (FR) 77 and FR86 to compliance with this AD, if any, may be Federal Aviation Administration detect any discrepancy (including obtained from the International Branch, deformation, dents, kinks, and broken rivets ANM–116. 14 CFR Part 39 of the fuel pipe and pipe clamp, support bracket, and shroud) in accordance with the Special Flight Permits [Docket No. 2000±NM±10±AD; Amendment Accomplishment Instructions of Airbus 39±11935; AD 2000±21±03] Service Bulletin A330–28–3060, Revision 02 (e) Special flight permits may be issued in (for Model A330 series airplanes), or A340– accordance with §§ 21.197 and 21.199 of the RIN 2120±AA64 28–4077, Revision 02 (for Model A340 series Federal Aviation Regulations (14 CFR 21.197 airplanes), both dated May 27, 1999, as and 21.199) to operate the airplane to a Airworthiness Directives; Israel applicable. Repeat the inspection thereafter location where the requirements of this AD Aircraft Industries, Ltd., Model Astra at intervals not to exceed 1,000 flight hours can be accomplished. SPX and 1125 Westwind Astra Series until the modification required by paragraph Airplanes (c) of this AD has been accomplished. Incorporation by Reference AGENCY: Federal Aviation Note 3: Inspections accomplished prior to (f) The actions shall be done in accordance the effective date of this AD in accordance with Airbus Temporary Revision 4.03.00/09, Administration, DOT. with Operator Information Telex/Flight dated July 23, 1999; Airbus Temporary ACTION: Final rule. Operations Telex (OIT/FOT) 999.0142/98, dated December 23, 1998, are considered Revision 4.03.00/10, dated July 23, 1999; SUMMARY: This amendment adopts a acceptable for compliance with the INITIAL Airbus Temporary Revision 4.03.00/12, dated new airworthiness directive (AD), detailed visual inspection required by July 23, 1999; Airbus Temporary Revision applicable to certain Israel Aircraft paragraph (b) of this AD. 4.03.00/20, dated July 23, 1999; Airbus Industries, Ltd., Model Astra SPX and Service Bulletin A330–28–3060, Revision 02, 1125 Westwind Astra series airplanes, Corrective Actions including Appendix 01, dated May 27, 1999; that requires a one-time inspection of (1) If any discrepancy is detected during Airbus Service Bulletin A340–28–4077, the position of the aileron autopilot any inspection required by paragraph (b) of Revision 02, including Appendix 01, dated servo and attachment arm; follow-on this AD, prior to further flight, accomplish May 27, 1999; Airbus Service Bulletin A330– applicable corrective actions [including actions; and corrective actions, if 28–3063, dated October 6, 1999; and Airbus replacement of any damaged components necessary; and installation of a stopper and deactivation of the trim fuel pipe Service Bulletin A340–28–4079, dated October 6, 1999; as applicable. This angle on the servo bracket. This action isolation valve and auxiliary power unit is necessary to prevent the control link (APU) isolation valve] in accordance with the incorporation by reference was approved by Accomplishment Instructions and Figure 2 of the Director of the Federal Register in of the aileron autopilot servo from being the applicable service bulletin. accordance with 5 U.S.C. 552(a) and 1 CFR driven overcenter, which could result in roll oscillations when the autopilot is Replacement of Pipe Shroud and Pipe part 51. Copies may be obtained from Airbus Industrie, 1 Rond Point Maurice Bellonte, engaged. This action is intended to (2) If the isolation valves of the trim fuel 31707 Blagnac Cedex, France. Copies may be address the identified unsafe condition. pipe and APU are deactivated in accordance DATES: Effective November 24, 2000. with the FAA-approved Master Minimum inspected at the FAA, Transport Airplane Equipment List during accomplishment of Directorate, 1601 Lind Avenue, SW., Renton, The incorporation by reference of the corrective actions required by paragraph Washington; or at the Office of the Federal certain publications listed in the (b)(1) of this AD: Within 10 days after Register, 800 North Capitol Street, NW., suite regulations is approved by the Director deactivation, replace the pipe shroud and 700, Washington, DC. of the Federal Register as of November pipe, as applicable, and reactivate the valves, Note 5: The subject of this AD is addressed 24, 2000. in accordance with the applicable service in French airworthiness directives 1999– ADDRESSES: The service information bulletin. 046–091(B), Revision 4 (for Model A330 referenced in this AD may be obtained Terminating Action series airplanes), and 1999–045–111(B), from Galaxy Aerospace Corporation, (c) Within 18 months after the effective Revision 4 (for Model A340 series airplanes), One Galaxy Way, Fort Worth Alliance date of this AD, modify the air release valve both dated December 15, 1999. Airport, Fort Worth, Texas 76177. This (ARV) in the trim tank system (including information may be examined at the cleaning and lubricating certain components, Effective Date Federal Aviation Administration (FAA), installing two additional pressure relief (g) This amendment becomes effective on Transport Airplane Directorate, Rules valves, and installing the adapter and ARV) November 24, 2000. Docket, 1601 Lind Avenue, SW., in accordance with the Accomplishment Renton, Washington; or at the Office of Instructions of Airbus Service Bulletin A330– Issued in Renton, Washington, on October 28–3063 or A340–28–4079, both dated 12, 2000. the Federal Register, 800 North Capitol Street, NW., suite 700, Washington, DC. October 6, 1999, as applicable. Donald L. Riggin, Accomplishment of such modification FOR FURTHER INFORMATION CONTACT: constitutes terminating action for the AFM Acting Manager, Transport Airplane Norman B. Martenson, Manager, revisions and the repetitive inspections Directorate, Aircraft Certification Service. International Branch, ANM–116, FAA, required by this AD. [FR Doc. 00–26709 Filed 10–19–00; 8:45 am] Transport Airplane Directorate, 1601 Alternative Methods of Compliance BILLING CODE 4910±13±P Lind Avenue, SW., Renton, Washington (d) An alternative method of compliance or 98055–4056; telephone (425) 227–2110; adjustment of the compliance time that fax (425) 227–1149. provides an acceptable level of safety may be SUPPLEMENTARY INFORMATION: A used if approved by the Manager, proposal to amend part 39 of the Federal International Branch, ANM–116, FAA, Aviation Regulations (14 CFR part 39) to Transport Airplane Directorate. Operators include an airworthiness directive (AD) shall submit their requests through an appropriate FAA Principal Maintenance that is applicable to certain Israel Inspector, who may add comments and then Aircraft Industries, Ltd., Model Astra send it to the Manager, International Branch, SPX and 1125 Westwind Astra series ANM–116. airplanes was published in the Federal

VerDate 112000 14:52 Oct 19, 2000 Jkt 194001 PO 00000 Frm 00013 Fmt 4700 Sfmt 4700 E:\FR\FM\20OCR1.SGM pfrm02 PsN: 20OCR1 63004 Federal Register / Vol. 65, No. 204 / Friday, October 20, 2000 / Rules and Regulations

Register on June 30, 2000 (65 FR 40551). will not have a significant economic whether the attachment arm on the servo is That action proposed to require require impact, positive or negative, on a in the correct position, in accordance with a one-time inspection of the position of substantial number of small entities Astra (Israel Aircraft Industries Ltd.) Alert the aileron autopilot servo and under the criteria of the Regulatory Service Bulletin 1125–27A–157, dated September 14, 1999. attachment arm; follow-on actions; and Flexibility Act. A final evaluation has (1) If the attachment arm is in the correct corrective actions, if necessary; and been prepared for this action and it is position, prior to further flight, install a installation of a stopper angle on the contained in the Rules Docket. A copy stopper angle on the servo bracket in servo bracket. of it may be obtained from the Rules accordance with the alert service bulletin. Docket at the location provided under (2) If the attachment arm is in the incorrect Comments the caption ADDRESSES. position, prior to further flight, perform a Interested persons have been afforded general visual inspection to detect damage of an opportunity to participate in the List of Subjects in 14 CFR Part 39 the bellcrank arm, control link, and making of this amendment. No Air transportation, Aircraft, Aviation attachment arm, in accordance with the alert safety, Incorporation by reference, service bulletin. Prior to further flight after comments were submitted in response accomplishment of all applicable corrective to the proposal or the FAA’s Safety. actions specified by this paragraph, install a determination of the cost to the public. Adoption of the Amendment stopper angle on the servo bracket in Conclusion accordance with the alert service bulletin. Accordingly, pursuant to the (i) If no damage is detected, prior to further The FAA has determined that air authority delegated to me by the flight, reposition the attachment arm in safety and the public interest require the Administrator, the Federal Aviation accordance with the alert service bulletin. adoption of the rule as proposed. Administration amends part 39 of the (ii) If any damage is detected and the Federal Aviation Regulations (14 CFR damage is within the limits specified by the Cost Impact part 39) as follows: alert service bulletin, prior to further flight, The FAA estimates that 38 airplanes repair the damaged part in accordance with of U.S. registry will be affected by this PART 39ÐAIRWORTHINESS the alert service bulletin. DIRECTIVES (iii) If any damage is detected and the AD, that it will take approximately 2 damage exceeds the limits specified by the work hours per airplane to accomplish 1. The authority citation for part 39 alert service bulletin, prior to further flight, the required actions, and that the replace the damaged part with a new part in average labor rate is $60 per work hour. continues to read as follows: accordance with the alert service bulletin. Required parts will cost approximately Authority: 49 U.S.C. 106(g), 40113, 44701. Note 2: For the purposes of this AD, a $100 per airplane. Based on these general visual inspection is defined as: ‘‘A § 39.13 [Amended] figures, the cost impact of the required visual examination of an interior or exterior AD on U.S. operators is estimated to be 2. Section 39.13 is amended by area, installation, or assembly to detect $8,360, or $220 per airplane. adding the following new airworthiness obvious damage, failure, or irregularity. This The cost impact figure discussed directive: level of inspection is made under normally available lighting conditions such as above is based on assumptions that no 2000–21–03 Israel Aircraft Industries, Ltd.: daylight, hangar lighting, flashlight, or drop- operator has yet accomplished any of Amendment 39–11935. Docket 2000– light, and may require removal or opening of the requirements of this AD action, and NM–10–AD. access panels or doors. Stands, ladders, or that no operator would accomplish Applicability: Model Astra SPX and 1125 platforms may be required to gain proximity those actions in the future if this AD Westwind Astra series airplanes; certificated to the area being checked.’’ were not adopted. The cost impact in any category; serial numbers 030, and 042 figures discussed in AD rulemaking through 086 inclusive. Alternative Methods of Compliance actions represent only the time Note 1: This AD applies to each airplane (b) An alternative method of compliance or necessary to perform the specific actions identified in the preceding applicability adjustment of the compliance time that provides an acceptable level of safety may be actually required by the AD. These provision, regardless of whether it has been modified, altered, or repaired in the area used if approved by the Manager, figures typically do not include subject to the requirements of this AD. For International Branch, ANM–116, FAA, incidental costs, such as the time airplanes that have been modified, altered, or Transport Airplane Directorate. Operators required to gain access and close up, repaired so that the performance of the shall submit their requests through an planning time, or time necessitated by requirements of this AD is affected, the appropriate FAA Principal Maintenance other administrative actions. owner/operator must request approval for an Inspector, who may add comments and then alternative method of compliance in send it to the Manager, International Branch, Regulatory Impact accordance with paragraph (b) of this AD. ANM–116. The regulations adopted herein will The request should include an assessment of Note 3: Information concerning the not have a substantial direct effect on the effect of the modification, alteration, or existence of approved alternative methods of the States, on the relationship between repair on the unsafe condition addressed by compliance with this AD, if any, may be this AD; and, if the unsafe condition has not the national Government and the States, obtained from the International Branch, been eliminated, the request should include ANM–116. or on the distribution of power and specific proposed actions to address it. responsibilities among the various Compliance: Required as indicated, unless Special Flight Permits levels of government. Therefore, it is accomplished previously. (c) Special flight permits may be issued in determined that this final rule does not To prevent the control link of the aileron accordance with §§ 21.197 and 21.199 of the have federalism implications under autopilot servo from being driven overcenter, Federal Aviation Regulations (14 CFR 21.197 Executive Order 13132. which could result in roll oscillations when and 21.199) to operate the airplane to a For the reasons discussed above, I the autopilot is engaged, accomplish the location where the requirements of this AD certify that this action (1) is not a following: can be accomplished. ‘‘significant regulatory action’’ under Inspection and Corrective Actions Incorporation by Reference Executive Order 12866; (2) is not a (a) Within 50 flight hours after the effective (d) The actions shall be done in accordance ‘‘significant rule’’ under DOT date of this AD, perform a one-time general with Astra (Israel Aircraft Industries Ltd.) Regulatory Policies and Procedures (44 visual inspection of the aileron autopilot Alert Service Bulletin 1125–27A–157, dated FR 11034, February 26, 1979); and (3) servo and attaching linkage to determine September 14, 1999. This incorporation by

VerDate 112000 14:52 Oct 19, 2000 Jkt 194001 PO 00000 Frm 00014 Fmt 4700 Sfmt 4700 E:\FR\FM\20OCR1.SGM pfrm02 PsN: 20OCR1 Federal Register / Vol. 65, No. 204 / Friday, October 20, 2000 / Rules and Regulations 63005 reference was approved by the Director of the from Boeing Commercial Airplane of the corrective action of the APU Federal Register in accordance with 5 U.S.C. Group, P.O. Box 3707, Seattle, standby power feeder cable, as required 552(a) and 1 CFR part 51. Copies may be Washington 98124–2207. This by paragraph (a) of the final rule, is to obtained from Galaxy Aerospace Corporation, information may be examined at the reduce the fire hazard associated with One Galaxy Way, Fort Worth Alliance an unrestrained cargo container Airport, Fort Worth, Texas 76177. Copies Federal Aviation Administration (FAA), may be inspected at the FAA, Transport Transport Airplane Directorate, Rules impacting the cable. Damaging the cable Airplane Directorate, 1601 Lind Avenue, Docket, 1601 Lind Avenue, SW., in the region specified could cause SW., Renton, Washington; or at the Office of Renton, Washington; or at the Office of arcing against the APU fuel line shroud, the Federal Register, 800 North Capitol the Federal Register, 800 North Capitol which could penetrate the fuel line and Street, NW., suite 700, Washington, DC. Street, NW., suite 700, Washington, DC. result in a cabin fire. The arcing damage Effective Date FOR FURTHER INFORMATION CONTACT: between the APU standby power feeder Dennis Kammers, Aerospace Engineer, cable and the cargo floor beam, which (e) This amendment becomes effective on was reported in the initial investigation, November 24, 2000. Propulsion Branch, ANM–140S, FAA, Seattle Aircraft Certification Office, although serious in nature, was not Issued in Renton, Washington, on October deemed an unsafe condition or a threat 12, 2000. 1601 Lind Avenue, SW., Renton, Washington 98055–4056; telephone to continued safe operation of the Donald L. Riggin, (425) 227–2956; fax (425) 227–1181. airplane. Further investigation Acting Manager, Transport Airplane determined that no structural or fire SUPPLEMENTARY INFORMATION: A Directorate, Aircraft Certification Service. concerns resulted from the incident. proposal to amend part 39 of the Federal [FR Doc. 00–26708 Filed 10–19–00; 8:45 am] Therefore, sleeving of the standby Aviation Regulations (14 CFR part 39) to BILLING CODE 4910±13±U power feeder cable is necessary only in include an airworthiness directive (AD) areas where damage to the cable may that is applicable to certain Boeing cause arcing to the APU fuel line. No Model 767 series airplanes was DEPARTMENT OF TRANSPORTATION change to paragraph (a) of the final rule published in the Federal Register on is necessary in this regard. Federal Aviation Administration May 12, 2000 (65 FR 30553). That action proposed to require installation of Conclusion 14 CFR Part 39 sleeving on the 90-minute auxiliary After careful review of the available power unit (APU) standby power feeder data, including the comment noted [Docket No. 2000±NM±91±AD; Amendment cable at body station 1351. 39±11936; AD 2000±21±04] above, the FAA has determined that air Comments safety and the public interest require the RIN 2120±AA64 adoption of the rule as proposed. Interested persons have been afforded Airworthiness Directives; Boeing an opportunity to participate in the Cost Impact Model 767 Series Airplanes making of this amendment. Due There are approximately 151 AGENCY: Federal Aviation consideration has been given to the airplanes of the affected design in the Administration, DOT. single comment received. worldwide fleet. The FAA estimates that 14 airplanes of U.S. registry will be ACTION: Final rule. Revise Paragraph (a) of the Proposal affected by this AD, that it will take The commenter notes that paragraph SUMMARY: This amendment adopts a approximately 1 work hour per airplane new airworthiness directive (AD), (a) of the proposal states, ‘‘Within 6 to accomplish the required action, and applicable to certain Boeing Model 767 months after the effective date of this that the average labor rate is $60 per series airplanes, that requires AD, install sleeving on the 90-minute work hour. Based on these figures, the installation of sleeving on the 90-minute APU standby power feeder cable at body cost impact of the AD on U.S. operators auxiliary power unit (APU) standby station 1351 on the left side of the is estimated to be $840, or $60 per power feeder cable at body station 1351. airplane * * *’’ The commenter also airplane. This amendment is prompted by a reiterates a portion of the Discussion The cost impact figure discussed report of damage to the 90-minute APU section that reads, ‘‘The cargo above is based on assumptions that no standby power feeder cable caused by containers damaged the 90-minute APU operator has yet accomplished any of shifting of unrestrained cargo containers standby power feeder cable and the the requirements of this AD action, and during flight. The actions specified by cabin floor support beam at body station that no operator would accomplish this AD are intended to prevent damage 1351, on the right side of the airplane. those actions in the future if this AD to the 90-minute APU standby power Investigation revealed evidence of were not adopted. The cost impact feeder cable, which could result in arcing between the cable and the beam.’’ figures discussed in AD rulemaking arcing between the standby power The commenter inquires as to why there actions represent only the time feeder cable and the shroud of the APU is no proposed requirement for sleeving necessary to perform the specific actions fuel line, penetration of the fuel line of the cable on the right-hand side of the actually required by the AD. These shroud, and a consequent fire in the airplane. The commenter further states figures typically do not include main deck floor above the aft cargo that even though the fuel line is not on incidental costs, such as the time compartment. the right-hand side of the airplane, any required to gain access and close up, cable arcing may still become a planning time, or time necessitated by DATES: Effective November 24, 2000. potential hazard and should be other administrative actions. The incorporation by reference of addressed. Therefore, the commenter certain publications listed in the requests that paragraph (a) of the Regulatory Impact regulations is approved by the Director proposal be revised to read, ‘‘* * * on The regulations adopted herein will of the Federal Register as of November the left and right sides of the airplane not have a substantial direct effect on 24, 2000. * * *’’ the States, on the relationship between ADDRESSES: The service information The FAA does not concur with the the national Government and the States, referenced in this AD may be obtained commenter’s request. Accomplishment or on the distribution of power and

VerDate 112000 14:52 Oct 19, 2000 Jkt 194001 PO 00000 Frm 00015 Fmt 4700 Sfmt 4700 E:\FR\FM\20OCR1.SGM pfrm02 PsN: 20OCR1 63006 Federal Register / Vol. 65, No. 204 / Friday, October 20, 2000 / Rules and Regulations responsibilities among the various Compliance: Required as indicated, unless DEPARTMENT OF TRANSPORTATION levels of government. Therefore, it is accomplished previously. determined that this final rule does not To prevent damage to the 90-minute Federal Aviation Administration have federalism implications under auxiliary power unit (APU) standby power Executive Order 13132. feeder cable, which could result in arcing 14 CFR Part 39 between the standby power feeder cable and For the reasons discussed above, I [Docket No. 2000±NM±98±AD; Amendment the shroud of the APU fuel line, penetration certify that this action (1) is not a 39±11938; AD 2000±21±06] ‘‘significant regulatory action’’ under of the fuel line shroud, and a consequent fire Executive Order 12866; (2) is not a in the main deck floor above the aft cargo RIN 2120±AA64 compartment, accomplish the following: ‘‘significant rule’’ under DOT Airworthiness Directives; Boeing Regulatory Policies and Procedures (44 Installation of Sleeving Model 747 Series Airplanes Equipped FR 11034, February 26, 1979); and (3) (a) Within 6 months after the effective date with Pratt & Whitney (PW) JT9D±7Q will not have a significant economic of this AD, install sleeving on the 90-minute and JT9D±7Q3 Turbofan Engines impact, positive or negative, on a APU standby power feeder cable at body substantial number of small entities station 1351 on the left side of the airplane, AGENCY: Federal Aviation under the criteria of the Regulatory in accordance with Boeing Alert Service Administration, DOT. Flexibility Act. A final evaluation has Bulletin 767–24A0126, dated February 24, ACTION: Final rule. been prepared for this action and it is 2000. contained in the Rules Docket. A copy SUMMARY: This amendment adopts a of it may be obtained from the Rules Alternative Methods of Compliance new airworthiness directive (AD), Docket at the location provided under (b) An alternative method of compliance or applicable to certain Boeing Model 747 the caption ADDRESSES. adjustment of the compliance time that series airplanes, that requires a detailed provides an acceptable level of safety may be visual inspection to detect evidence of List of Subjects in 14 CFR Part 39 used if approved by the Manager, Seattle wear or contact between the precooler Air transportation, Aircraft, Aviation Aircraft Certification Office (ACO), FAA. support fitting and link assembly; and safety, Incorporation by reference, Operators shall submit their requests through rework and reidentification of the Safety. an appropriate FAA Principal Maintenance fitting. This amendment is prompted by Inspector, who may add comments and then a report of rupturing of a diffuser case Adoption of the Amendment send it to the Manager, Seattle ACO. on a PW JT9D–7Q engine due to Accordingly, pursuant to the Note 2: Information concerning the cracking in the outer pressure wall in authority delegated to me by the existence of approved alternative methods of the rear skirt area. The actions specified Administrator, the Federal Aviation compliance with this AD, if any, may be by this AD are intended to prevent Administration amends part 39 of the obtained from the Seattle ACO. contact between the precooler support Federal Aviation Regulations (14 CFR link and the precooler support fitting, part 39) as follows: Special Flight Permits which could contribute to an (c) Special flight permits may be issued in uncontained failure of the diffuser case PART 39ÐAIRWORTHINESS accordance with §§ 21.197 and 21.199 of the and damage to the airplane. DIRECTIVES Federal Aviation Regulations (14 CFR 21.197 DATES: Effective November 24, 2000. and 21.199) to operate the airplane to a The incorporation by reference of 1. The authority citation for part 39 location where the requirements of this AD certain publications listed in the continues to read as follows: can be accomplished. regulations is approved by the Director Authority: 49 U.S.C. 106(g), 40113, 44701. Incorporation by Reference of the Federal Register as of November 24, 2000. § 39.13 [Amended] (d) The installation shall be done in ADDRESSES: The service information 2. Section 39.13 is amended by accordance with Boeing Alert Service Bulletin 767–24A0126, dated February 24, referenced in this AD may be obtained adding the following new airworthiness 2000. This incorporation by reference was from Boeing Commercial Airplane directive: approved by the Director of the Federal Group, P.O. Box 3707, Seattle, 2000–21–04 Boeing: Amendment 39–11936. Register in accordance with 5 U.S.C. 552(a) Washington 98124–2207. This Docket 2000–NM–91–AD. and 1 CFR part 51. Copies may be obtained information may be examined at the Applicability: Model 767 series airplanes; from Boeing Commercial Airplane Group, Federal Aviation Administration (FAA), as listed in Boeing Alert Service Bulletin P.O. Box 3707, Seattle, Washington 98124– Transport Airplane Directorate, Rules 767–24A0126, dated February 24, 2000; 2207. Copies may be inspected at the FAA, Docket, 1601 Lind Avenue, SW., certificated in any category. Transport Airplane Directorate, 1601 Lind Renton, Washington; or at the Office of Note 1: This AD applies to each airplane Avenue, SW., Renton, Washington; or at the the Federal Register, 800 North Capitol identified in the preceding applicability Office of the Federal Register, 800 North Street, NW., suite 700, Washington, DC. provision, regardless of whether it has been Capitol Street, NW., suite 700, Washington, FOR FURTHER INFORMATION CONTACT: modified, altered, or repaired in the area DC. subject to the requirements of this AD. For Dionne Krebs, Aerospace Engineer, airplanes that have been modified, altered, or Effective Date Propulsion Branch, ANM–140S, FAA, repaired so that the performance of the (e) This amendment becomes effective on 1601 Lind Avenue, SW., Renton, requirements of this AD is affected, the November 24, 2000. Washington 98055–4056; telephone owner/operator must request approval for an (425) 227–2250; fax (425) 227–1181. Issued in Renton, Washington, on October alternative method of compliance in SUPPLEMENTARY INFORMATION: A 12, 2000. accordance with paragraph (b) of this AD. proposal to amend part 39 of the Federal The request should include an assessment of Donald L. Riggin, the effect of the modification, alteration, or Aviation Regulations (14 CFR part 39) to Acting Manager, Transport Airplane repair on the unsafe condition addressed by include an airworthiness directive (AD) Directorate, Aircraft Certification Service. this AD; and, if the unsafe condition has not that is applicable to certain Boeing been eliminated, the request should include [FR Doc. 00–26707 Filed 10–19–00; 8:45 am] Model 747 series airplanes was specific proposed actions to address it. BILLING CODE 4910±13±U published in the Federal Register on

VerDate 112000 14:52 Oct 19, 2000 Jkt 194001 PO 00000 Frm 00016 Fmt 4700 Sfmt 4700 E:\FR\FM\20OCR1.SGM pfrm02 PsN: 20OCR1 Federal Register / Vol. 65, No. 204 / Friday, October 20, 2000 / Rules and Regulations 63007

May 3, 2000 (65 FR 25696). That action dated August 10, 1998 (the service months represents an appropriate proposed to require a detailed visual information referenced in the proposal compliance time allowable for the inspection to detect evidence of wear or for accomplishment of the bracket inspection and rework to be contact between the precooler support modification), will be revised to refer to accomplished during scheduled fitting and link assembly; and rework the new service bulletin for the maintenance intervals. However, under and reidentification of the fitting. modification instructions. The the provisions of paragraph (c) of the commenter disagrees with the wording final rule, the FAA may approve Comments in the proposal stating that the service requests for adjustments to the Interested persons have been afforded letter will be revised to reidentify the P/ compliance time if data are submitted to an opportunity to participate in the N on the bracket, and plans to revise the substantiate that such an adjustment making of this amendment. Due service letter to reference the new would provide an acceptable level of consideration has been given to the service bulletin, which will contain safety. comments received. modification instructions for the bracket. Conclusion Request for Correction of Part Number The FAA does not concur with the After careful review of the available One commenter states that the commenter’s request. The referenced data, including the comments noted reidentification part number (P/N) service bulletin has not been submitted above, the FAA has determined that air 65B09024–601, as specified in for review and approval by the FAA; safety and the public interest require the paragraphs (a)(1), (a)(2), and (b) of the therefore, the final rule cannot be adoption of the rule with the changes proposal, is incorrect, and should be revised to cite as-yet unapproved previously described. The FAA has revised to P/N 65B90924–601. The FAA service information. However, under the determined that these changes will concurs with the commenter’s provisions of paragraph (c) of the final neither increase the economic burden statement; there was an error in the part rule, the FAA may approve requests for on any operator nor increase the scope number specified in the proposed rule an alternative method of compliance in of the AD. and it has been corrected in the accordance with Boeing Service Bulletin applicable paragraphs of the final rule. 747–36–2135 after it has been approved Cost Impact by the FAA and submitted to There are approximately 79 airplanes Action Taken to Address Root Cause substantiate that such an adjustment of the affected design in the worldwide One commenter repeats a sentence in would provide an acceptable level of fleet. The FAA estimates that 27 the Discussion section of the proposal safety that addresses the identified airplanes of U.S. registry will be affected which states, ‘‘The diffuser case fracture unsafe condition. Additionally, the by this AD. was due to a crack that most likely proposal does not state that the service It will take approximately 2 work developed in a toolmark that was left by letter will be revised to reidentify the P/ hours per airplane to accomplish the a blending operation adjacent to the N on the bracket. No change to the final required inspection, at an average labor dog-bone-shaped embossment at the 11 rule is necessary in this regard. rate of $60 per work hour. Based on o’clock circumferential location of the these figures, the cost impact of the Request to Extend Compliance Time outer pressure wall of the case in the required inspection on U.S. operators is area of the rear skirt.’’ The commenter One commenter requests the proposed estimated to be $3,240, or $120 per requests information on the action that compliance time for accomplishment of airplane. has been taken to address the toolmark the detailed visual inspection be It will take approximately 16 work and blending issue that is the apparent extended to ‘‘Within 8,000 flight hours hours per airplane to accomplish the root cause of the unsafe condition. after the effective date of this AD,’’ with required rework, at an average labor rate The FAA previously issued AD 99– no calendar grace period. The of $60 per work hour. No parts are 04–05, amendment 39–11029 (64 FR commenter states that, since removal of required to accomplish the rework. 6784, February 11, 1999), which the precooler is necessary to accomplish Based on these figures, the cost impact addresses the toolmark and blending the rework, the task is best of the required rework on U.S. operators issue. That AD requires a fluorescent accomplished during a scheduled ‘L,’ is estimated to be $25,920, or $960 per penetrant inspection (FPI) of the rear ‘H,’ or ‘M’ maintenance check of the airplane. skirt of the diffuser case for cracks, and, airplane. The commenter also states that The cost impact figures discussed if necessary, blending down to a an extension of the compliance time above are based on assumptions that no minimum wall thickness to remove will ensure that it can accomplish the operator has yet accomplished any of cracks and subsequent FPI to determine inspection on all of its affected airplanes the requirements of this AD action, and if cracks have been removed, polishing, during one of the scheduled checks that no operator would accomplish and shotpeening. If the cracks are described above. those actions in the future if this AD shown by subsequent FPI not to have The FAA does not concur with the were not adopted. The cost impact been removed, that AD requires commenter’s request. In developing an figures discussed in AD rulemaking removing the diffuser case from service appropriate compliance time for this actions represent only the time and replacing it with a serviceable part. action, the FAA considered not only the necessary to perform the specific actions No change to this final rule is necessary degree of urgency associated with actually required by the AD. These in this regard. addressing the subject unsafe condition, figures typically do not include but the manufacturer’s recommendation incidental costs, such as the time Request to Reference New Service as to an appropriate compliance time, required to gain access and close up, Information and the practical aspect of planning time, or time necessitated by One commenter requests the proposal accomplishing the required inspection other administrative actions. be revised to reference Boeing Service and rework within an interval of time Bulletin 747–36–2135 for that parallels the normal scheduled Regulatory Impact accomplishment of the bracket maintenance for the majority of affected The regulations adopted herein will modification. The commenter states that operators. The FAA has determined that not have a substantial direct effect on Boeing Service Letter 747–SL–36–089, 6,000 hours, time-in-service or 18 the States, on the relationship between

VerDate 112000 14:52 Oct 19, 2000 Jkt 194001 PO 00000 Frm 00017 Fmt 4700 Sfmt 4700 E:\FR\FM\20OCR1.SGM pfrm02 PsN: 20OCR1 63008 Federal Register / Vol. 65, No. 204 / Friday, October 20, 2000 / Rules and Regulations the national Government and the States, been eliminated, the request should include Operators shall submit their requests through or on the distribution of power and specific proposed actions to address it. an appropriate FAA Principal Maintenance responsibilities among the various Compliance: Required as indicated, unless Inspector, who may add comments and then levels of government. Therefore, it is accomplished previously. send it to the Manager, Seattle ACO. determined that this final rule does not To prevent contact between the precooler Note 3: Information concerning the have federalism implications under support link and the precooler support existence of approved alternative methods of fitting, which could contribute to an compliance with this AD, if any, may be Executive Order 13132. uncontained failure of the diffuser case and obtained from the Seattle ACO. For the reasons discussed above, I damage to the airplane, accomplish the certify that this action (1) is not a following: Special Flight Permits ‘‘significant regulatory action’’ under Detailed Visual Inspection (d) Special flight permits may be issued in Executive Order 12866; (2) is not a accordance with §§ 21.197 and 21.199 of the ‘‘significant rule’’ under DOT (a) For any precooler support fitting having Federal Aviation Regulations (14 CFR 21.197 Regulatory Policies and Procedures (44 P/N 65B90924–1 or P/N 65B90924–600 that and 21.199) to operate the airplane to a has not been reworked to the dimensions FR 11034, February 26, 1979); and (3) location where the requirements of this AD specified in Boeing Service Letter 747–SL– can be accomplished. will not have a significant economic 36–089, dated August 10, 1998: Within 6,000 impact, positive or negative, on a hours time-in-service after the effective date Incorporation by Reference substantial number of small entities of this AD, or within 18 months after the (e) Except as provided by paragraphs (a)(1), under the criteria of the Regulatory effective date of this AD, whichever occurs (a)(2), and (b) of this AD, the actions shall be Flexibility Act. A final evaluation has first, perform a detailed visual inspection to done in accordance with Boeing Service been prepared for this action and it is detect evidence of contact wear or contact Letter 747–SL–36–089, including attachment, contained in the Rules Docket. A copy between the precooler support fitting and dated August 10, 1998. This incorporation by link assembly, P/N 69B93162–1 or of it may be obtained from the Rules reference was approved by the Director of the 69B93162–3, in accordance with the service Federal Register in accordance with 5 U.S.C. Docket at the location provided under letter. the caption ADDRESSES. 552(a) and 1 CFR part 51. Copies may be Rework and Reidentification obtained from Boeing Commercial Airplane Group, P.O. Box 3707, Seattle, Washington List of Subjects in 14 CFR Part 39 (1) If no evidence of contact wear or 98124–2207. Copies may be inspected at the contact between the precooler support fitting Air transportation, Aircraft, Aviation FAA, Transport Airplane Directorate, 1601 and link assembly is found: At the next safety, Incorporation by reference, Lind Avenue, SW., Renton, Washington; or at Safety. engine removal, rework the precooler support fitting to the dimensions specified in the the Office of the Federal Register, 800 North Adoption of the Amendment service letter, in accordance with the service Capitol Street, NW., suite 700, Washington, letter; and permanently and legibly reidentify DC. Accordingly, pursuant to the the support fitting as P/N 65B90924–601. Effective Date authority delegated to me by the (2) If any evidence of contact wear or (f) This amendment becomes effective on Administrator, the Federal Aviation contact between the precooler support fitting November 24, 2000. Administration amends part 39 of the and link assembly is found: Prior to further Federal Aviation Regulations (14 CFR flight, rework the precooler support fitting to Issued in Renton, Washington, on October part 39) as follows: the dimensions specified in the service letter, 13, 2000. in accordance with the service letter; and Donald L. Riggin, permanently and legibly reidentify the PART 39ÐAIRWORTHINESS Acting Manager, Transport Airplane support fitting as P/N 65B90924–601. DIRECTIVES Directorate, Aircraft Certification Service. Note 2: For the purposes of this AD, a [FR Doc. 00–26878 Filed 10–19–00; 8:45 am] 1. The authority citation for part 39 detailed visual inspection is defined as: ‘‘An continues to read as follows: intensive visual examination of a specific BILLING CODE 4910±13±P structural area, system, installation, or Authority: 49 U.S.C. 106(g), 40113, 44701. assembly to detect damage, failure, or DEPARTMENT OF TRANSPORTATION § 39.13 [Amended] irregularity. Available lighting is normally supplemented with a direct source of good 2. Section 39.13 is amended by lighting at intensity deemed appropriate by Federal Aviation Administration adding the following new airworthiness the inspector. Inspection aids such as mirror, directive: magnifying lenses, etc., may be used. Surface 14 CFR Part 97 cleaning and elaborate access procedures 2000–21–06 Boeing: Amendment 39–11938. may be required.’’ [Docket No. 30208; Amdt. No. 2016] Docket 2000–NM–98–AD. Applicability: Model 747 series airplanes, Reidentification Standard Instrument Approach certificated in any category; equipped with (b) For any precooler support fitting having Procedures; Miscellaneous Pratt & Whitney JT9D–7Q and JT9D–7Q3 P/N 65B90924–1 or P/N 65B90924–600 that Amendments turbofan engines. has been reworked to the dimensions AGENCY: Federal Aviation Note 1: This AD applies to each airplane specified in Boeing Service Letter 747–SL– identified in the preceding applicability 36–089, dated August 10, 1998, but has not Administration (FAA), DOT. provision, regardless of whether it has been been permanently and legibly reidentified: ACTION: Final rule. modified, altered, or repaired in the area Within 6,000 hours time-in-service or 18 subject to the requirements of this AD. For months after the effective date of this AD, SUMMARY: This amendment establishes, airplanes that have been modified, altered, or whichever occurs first, permanently and amends, suspends, or revokes Standard repaired so that the performance of the legibly reidentify the reworked fitting as P/ Instrument Approach Procedures requirements of this AD is affected, the N 65B90924–601. (SIAP’s) for operations at certain owner/operator must request approval for an airports. These regulatory actions are alternative method of compliance in Alternative Methods of Compliance accordance with paragraph (c) of this AD. (c) An alternative method of compliance or needed because of the adoption of new The request should include an assessment of adjustment of the compliance time that or revised criteria, or because of changes the effect of the modification, alteration, or provides an acceptable level of safety may be occurring in the National Airspace repair on the unsafe condition addressed by used if approved by the Manager, Seattle System, such as the commissioning of this AD; and, if the unsafe condition has not Aircraft Certification Office (ACO), FAA. new navigational facilities, addition of

VerDate 112000 14:52 Oct 19, 2000 Jkt 194001 PO 00000 Frm 00018 Fmt 4700 Sfmt 4700 E:\FR\FM\20OCR1.SGM pfrm02 PsN: 20OCR1 Federal Register / Vol. 65, No. 204 / Friday, October 20, 2000 / Rules and Regulations 63009 new obstacles, or changes in air traffic The large number of SIAP’s, their for making some SIAPs effective in less requirements. These changes are complex nature, and the need for a than 30 days. designed to provide safe and efficient special format make their verbatim Conclusion use of the navigable airspace and to publication in the Federal Register promote safe flight operations under expensive and impractical. Further, The FAA has determined that this instrument flight rules at the affected airmen do not use the regulatory text of regulation only involves an established airports. the SIAPs, but refer to their graphic body of technical regulations for which frequent and routine amendments are DATES: An effective date for each SIAP depiction on charts printed by necessary to keep them operationally is specified in the amendatory publishers of aeronautical materials. current. It, therefore—(1) is not a provisions. Thus, the advantages of incorporation Incorporation by reference—approved by reference are realized and ‘‘significant regulatory action’’ under by the Director of the Federal Register publication of the complete description Executive Order 12866; (2) is not a on December 31, 1980, and reapproved of each SIAP contained in FAA form ‘‘significant rule’’ under DOT as of January 1, 1982. documents is unnecessary. The Regulatory Policies and Procedures (44 FR 11034; February 26, 1979); and (3) ADDRESSES: Availability of matters provisions of this amendment state the does not warrant preparation of a incorporated by reference in the affected CFR sections, with the types regulatory evaluation as the anticipated amendment is as follows: and effective dates of the SIAPs. This impact is so minimal. For the same For Examination— amendment also identifies the airport, 1. FAA Rules docket, FAA its location, the procedure identification reason, the FAA certifies that this Headquarters Building, 800 and the amendment number. amendment will not have a significant economic impact on a substantial Independence Avenue, SW., The Rule Washington, DC 20591; number of small entities under the 2. The FAA Regional Office of the This amendment to part 97 is effective criteria of the Regulatory Flexibility Act. region in which the affected airport is upon publication of each separate SIAP List of Subjects in 14 CFR Part 97 located; or as contained in the transmittal. The 3. The Flight Inspection Area Office SIAP’s contained in this amendment are Air traffic control, Airports, which originated the SIAP. based on the criteria contained in the Navigation (air). For Purchase—Individual SIAP United States Standard for Terminal Issued in Washington, DC on October 13, copies may be obtained from: Instrument Procedures (TERPS). In 2000. 1. FAA Public Inquiry Center (APA– developing these SIAPs, the TERPS L. Nicholas Lacy, 200), FAA Headquarters Building, 800 criteria were applied to the conditions Director, Flight Standards Service. Independence Avenue, SW., existing or anticipated at the affected Washington, DC 20591; or airports. Adoption of the Amendment 2. The FAA Regional Office of the The FAA has determined through Accordingly, pursuant to the region in which the affected airport is testing that current non-localizer type, authority delegated to me, part 97 of the located. non-precision instrument approaches Federal Aviation Regulations (14 CFR By Subscription—Copies of all SIAP’s, developed using the TERPS criteria can part 97) is amended as follows: mailed once every 2 weeks, are for sale be flown by aircraft equipped with a by the Superintendent of Documents, Global Positioning System (GPS) and or PART 97ÐSTANDARD INSTRUMENT U.S. Government Printing Office, flight Management System (FMS) APPROACH PROCEDURES Washington, DC 20402. equipment. In consideration of the 1. The authority citation for part 97 FOR FURTHER INFORMATION CONTACT: above, the applicable SIAP’s will be continues to read: Donald P. Pate, Flight Procedure altered to include ‘‘or GPS or FMS’’ in Standards Branch (AMCAFS–420), the title without otherwise reviewing or Authority: 49 U.S.C. 106(g), 40103, 40106, Flight Technologies and Programs modifying the procedure. (Once a stand 40113–40114, 40120, 44502, 44514, 44701, , Flight Standards Service, alone GPS or FMS procedure is 44719, 44721–44722. Federal Aviation Administration, Mike developed, the procedure title will be §§ 97.23, 97.27, 97.33, 97.35 [Amended] Monroney Aeronautical Center, 6500 altered to remove ‘‘or GPS or FMS’’ from 2. Amend 97.23, 97.27, 97.33 and South MacArthur Blvd., Oklahoma City, these non-localizer, non-precision 97.35, as appropriate, by adding, OK 73169 (Mail Address: P.O. Box instrument approach procedure titles.) revising, or removing the following 25082 Oklahoma City, OK 73125) The FAA has determined through SIAP’s effective at 0901 UTC on the telephone: (405) 954–4164. extensive analysis that current SIAP’s dates specified: SUPPLEMENTARY INFORMATION: This intended for use by Area Navigation amendment to part 97 of the Federal (RNAV) equipped aircraft can be flown * * * Effective November 30, 2000 Aviation Regulations (14 CFR part 97) by aircraft utilizing various other types Gulkana, AK, Gulkana, VOR or GPS establishes, amends, suspends, or of navigational equipment. In RWY 14, Amdt 6, CANCELLED revokes SIAP’s. The complete regulatory consideration of the above, those SIAP’s Gulkana, AK, Gulkana, VOR RWY 14, description of each SIAP is contained in currently designated as ‘‘RNAV’’ will be Amdt 6 official FAA form documents which are redesignated as ‘‘VOR/DME RNAV’’ Marysville, CA, Marysville/Yuba incorporated by reference in this without otherwise reviewing or County, NDB or GPS RWY 14, amendment under 5 U.S.C. 552(a), 1 modifying the SIAP’s. Amdt 3C, CANCELLED CFR part 51, and § 14 CFR 97.20 of the Because of the close and immediate Marysville, CA, Marysville/Yuba Federal Aviation Regulations (FAR). relationship between these SIAP’s and County, NDB RWY 14, Amdt 3C The applicable FAA Forms are safety in air commerce, I find that notice Jacksonville, FL, Jacksonville Intl, NDB identified as FAA Form 8260–5. and public procedure before adopting or GPS RWY 7, Amdt 9C, Materials incorporated by reference are these SIAPs are, impracticable and CANCELLED available for examination or purchase as contrary to the public interest and, Jacksonville, FL, Jacksonville Intl, NDB stated above. where applicable, that good cause exists RWY 7, Amdt 9C

VerDate 112000 14:52 Oct 19, 2000 Jkt 194001 PO 00000 Frm 00019 Fmt 4700 Sfmt 4700 E:\FR\FM\20OCR1.SGM pfrm02 PsN: 20OCR1 63010 Federal Register / Vol. 65, No. 204 / Friday, October 20, 2000 / Rules and Regulations

Vero Beach, FL, Vero Beach Muni, VOR Grand Island, NE, Central Nebraska Wendover, UT, Wendover, VOR/DME or or GPS RWY 11R, Amdt 12B, Regional, VOR RWY 17, Amdt 23 TACAN or GPS–A, Amdt 2, CANCELLED McCook, NE, McCook Muni, VOR or CANCELLED Vero Beach, FL, Vero Beach Muni, VOR GPS RWY 21, Amdt 4C, Wendover, UT, Wendover, VOR/DME or RWY 11R, Amdt 12B CANCELLED TACAN, Amdt 2 Vero Beach, FL, Vero Beach Muni, VOR/ McCook, NE, McCook Muni, VOR RWY Norfolk, VA, Norfolk Intl, NDB/DME or DME or GPS RWY 29L, Amdt 2C, 21, Amdt 4C GPS RWY 23, Orig–B, CANCELLED CANCELLED Norfolk, NE, Karl Stefan Memorial, VOR Norfolk, VA, Norfolk Intl, NDB/DME Vero Beach, FL, Vero Beach Muni, VOR/ or GPS RWY 13, Amdt 6a, RWY 23, Orig–B DME RWY 29L, Amdt 2C CANCELLED [FR Doc. 00–26952 Filed 10–19–00; 8:45 am] Burlington, IA, Burlington Regional, Norfolk, NE, Karl Stefan Memorial, VOR BILLING CODE 4910±13±M NDB or GPS RWY 36, Amdt 8C, RWY 13, Amdt 6a CANCELLED Norfolk, NE, Karl Stefan Memorial, VOR Burlington, IA, Burlington Regional, or GPS RWY 19, Amdt 7, DEPARTMENT OF TRANSPORTATION NDB RWY 36, Amdt 8C CANCELLED Estherville, IA, Estherville Muni, VOR Norfolk, NE, Karl Stefan Memorial, VOR Federal Aviation Administration or GPS RWY 16, Amdt 4B, RWY 19, Amdt 7 CANCELLED Norfolk, NE, Karl Stefan Memorial, VOR 14 CFR Part 97 Estherville, IA, Estherville Muni, VOR or GPS RWY 31, Amdt 6A, [Docket No. 30207; Amdt. No 2015] RYW 16, Amdt 4B CANCELLED Estherville, IA, Estherville Muni, NDB Norfolk, NE, Karl Stefan Memorial, VOR Standard Instrument Approach or GPS RWY 34, Orig-B, RWY 31, Amdt 6A Procedures; Miscellaneous CANCELLED O’Neill, NE, The O’Neill Muni-John L. Amendments Estherville, IA, Estherville Muni, NDB Baker Field, VOR or GPS RWY 13, RWY 34, Orig-B Amdt 5A, CANCELLED AGENCY: Federal Aviation Lafayette, IN, Purdue University, VOR/ O’Neill, NE, The O’Neill Muni-John L. Administration (FAA), DOT. DME RNAV or GPS RWY 28, Amdt Baker Field, VOR RWY 13, Amdt ACTION: Final rule. 5, CANCELLED 5A Lafayette, IN, Purdue University, VOR/ O’Neill, NE, The O’Neill Muni-John L. SUMMARY: This amendment establishes, DME RNAV RWY 28, Amdt 5 Baker Field, VOR or GPS RWY 31, amends, suspends, or revokes Standard Lafayette, IN, Purdue University, NDB Amdt 1A, CANCELLED Instrument Approach Procedures or GPS RWY 10, Amdt 12, O’Neill, NE, The O’Neill Muni-John L. (SIAPs) for operations at certain CANCELLED Baker Field, VOR RWY 31, Amdt airports. These regulatory actions are Lafayette, IN, Purdue University, NDB 1A needed because of changes occurring in RWY 10, Amdt 12 the National Airspace System, such as Winamac, IN, Arens Field, NDB or GPS Montgomery, NY, Orange County, VOR or GPS RWY 8, Amdt 9, the commissioning of new navigational RWY 9, Amdt 1, CANCELLED facilities, addition of new obstacles, or Winamac, IN, Arens Field, NDB RWY 9, CANCELLED Montgomery, NY, Orange County, VOR changes in air traffic requirements. Amdt 1 These changes are designed to provide Alexandria, LA, Alexandria Intl, VOR or RWY 8, Amdt 9 Pottsville, PA, Schuylkill County/Joe safe and efficient use of the navigable GPS RWY 14, Amdt 1, CANCELLED airspace and to promote safe flight Alexandria, LA, Alexandria Intl, VOR Zerbey, VOR/DME RNAV or GPS RWY 29, Amdt 3, CANCELLED operations under instrument flight rules RWY 14, Amdt 1 at the affected airports. Hyannis, MA, Barnstable Muni- Pottsville, PA, Schuylkill County/Joe Boardman/Polando Field, NDB or Zerbey, VOR/DME RNAV RWY 29, DATES: An effective date for each SIAP GPS RWY 24, Amdt 9C, Amdt 3 is specified in the amendatory CANCELLED Anderson, SC, Anderson Regional, VOR provisions. Hyannis, MA, Barnstable Muni- or GPS RWY 5, Amdt 9A, Incorporation by reference-approved Boardman/Polando Field, NDB CANCELLED by the Director of the Federal Register RWY 24, Amdt 9C Anderson, SC, Anderson Regional, VOR on December 31, 1980, and reapproved Grand Island, NE, Central Nebraska RWY 5, Amdt 9A as of January 1, 1982. Regional, VOR/DME or GPS RWY Rapid City, SD, Rapid City Regional, ADDRESSES: Availability of matter 31, Amdt 6, CANCELLED VOR or TACAN or GPS RWY 32, incorporated by reference in the Grand Island, NE, Central Nebraska Amdt 24A, CANCELLED amendment is as follows: Regional, VOR/DME RWY 31, Amdt Rapid City, SD, Rapid City Regional, For Examination— 6 VOR or TACAN RWY 32, Amdt 1. FAA Rules Docket, FAA Grand Island, NE, Central Nebraska 24A Headquarters Building, 800 Regional, VOR/DME or GPS RWY Smithville, TN, Smithville Muni, NDB Independence Avenue, SW., 35, Amdt 14, CANCELLED or GPS RWY 24, Amdt 2, Washington, DC 20591; Grand Island, NE, Central Nebraska CANCELLED 2. The FAA Regional Office of the Regional, VOR/DME RWY 35, Amdt Smithville, TN, Smithville Muni, NDB region in which affected airport is 14 RWY 24, Amdt 2 located; or Grand Island, NE, Central Nebraska Bonham, TX, Jones Field, NDB or GPS 3. The Flight Inspection Area Office Regional, VOR or GPS RWY 13, RWY 17, Amdt 3, CANCELLED which originated the SIAP. Amdt 18, CANCELLED Bonham, TX, Jones Field, NDB RWY 17, For Purchase—Individual SIAP Grand Island, NE, Central Nebraska Amdt 3 copies may be obtained from: Regional, VOR RWY 13, Amdt 18 Seminole, TX, Gaines County, NDB or 1. FAA Public Inquiry Center (APA– Grand Island, NE, Central Nebraska GPS RWY 35, Orig, CANCELLED 200), FAA Headquarters Building, 800 Regional, VOR or GPS RWY 17, Seminole, TX, Gaines County, NDB Independence Avenue, SW., Amdt 23, CANCELLED RWY 35, Orig Washington, DC 20591; or

VerDate 112000 14:52 Oct 19, 2000 Jkt 194001 PO 00000 Frm 00020 Fmt 4700 Sfmt 4700 E:\FR\FM\20OCR1.SGM pfrm02 PsN: 20OCR1 Federal Register / Vol. 65, No. 204 / Friday, October 20, 2000 / Rules and Regulations 63011

2. The FAA Regional Office of the identification and the amendment Executive Order 12866; (2) is not a region in which the affected airport is number. ‘‘significant rule’’ under DOT located. Regulatory Policies and Procedures (44 The Rule By Subscription—Copies of all SIAPs, FR 11034; February 26, 1979); and (3) mailed once every 2 weeks, are for sale This amendment to part 97 of the does not warrant preparation of a by the Superintendent of Documents, Federal Aviation Regulations (14 CFR regulatory evaluation as the anticipated US Government Printing Office, part 97) establishes, amends, suspends, impact is so minimal. For the same Washington, DC 20402. or revokes SIAPs. For safety and reason, the FAA certifies that this FOR FURTHER INFORMATION CONTACT: timeliness of change considerations, this amendment will not have a significant Donald P. Pate, Flight Procedure amendment incorporates only specific economic impact on a substantial Standards Branch (AMCAFS–420), changes contained in the content of the number of small entities under the Flight Technologies and Programs following FDC/P NOTAMs for each criteria of the Regulatory Flexibility Act. Division, Flight Standards Service, SIAP. The SIAP information in some Federal Aviation Administration, Mike previously designated FDC/Temporary List of Subjects in 14 CFR Part 97 (FDC/T) NOTAMs is of such duration as Monroney Aeronautical Center, 6500 Air traffic control, Airports, to be permanent. With conversion to South MacArthur Blvd. Oklahoma City, Navigation (air). OK 73169 (Mail Address: P.O. Box FDC/P NOTAMs, the respective FDC/T 25082 Oklahoma City, OK 73125) NOTAMs have been canceled. Issued in Washington, DC on October 31, 2000. telephone: (405) 954–4164. The FDC/P NOTAMs for the SIAPs contained in this amendment are based L. Nicholas Lacey, SUPPLEMENTARY INFORMATION: This on the criteria contained in the U.S. Director, Flight Standards Service. amendment to part 97 of the Federal Standard for Terminal Instrument Aviation Regulations (14 CFR part 97) Adoption of the Amendment Procedures (TERPS). In developing establishes, amends, suspends, or these chart changes to SIAPs by FDC/P revokes Standard Instrument Approach Accordingly, pursuant to the NOTAMs, the TERPS criteria were Procedures (SIAPs). The complete authority delegated to me, part 97 of the applied to only these specific conditions regulatory description on each SIAP is Federal Aviation Regulations (14 CFR existing at the affected airports. All part 97) is amended by establishing, contained in the appropriate FAA Form SIAP amendments in this rule have 8260 and the National Flight Data amending, suspending, or revoking been previously issued by the FAA in a Standard Instrument Approach Center (FDC)/Permanent (P) Notices to National Flight Data Center (FDC) Airmen (NOTAM) which are Procedures, effective at 0901 UTC on Notice to Airmen (NOTAM) as an the dates specified, as follows: incorporated by reference in the emergency action of immediate flight amendment under 5 U.S.C. 552(a), 1 safety relating directly to published PART 97ÐSTANDARD INSTRUMENT CFR part 51, and § 97.20 of the Federal aeronautical charts. The circumstances APPROACH PROCEDURES Aviation’s Regulations (FAR). Materials which created the need for all these incorporated by reference are available SIAP amendments requires making 1. The authority citation for part 97 is for examination or purchase as stated them effective in less than 30 days. revised to read as follows: above. Further, the SIAPs contained in this The large number of SIAPs, their amendment are based on the criteria Authority: 49 U.S.C. 40103, 40113, 40120, complex nature, and the need for a 44701; 49 U.S.C. 106(g); and 14 CFR contained in the TERPS. Because of the 11.49(b)(2). special format make their verbatim close and immediate relationship publication in the Federal Register between these SIAPs and safety in air expensive and impractical. Further, §§ 97.23, 97.25, 97.27, 97.29, 97.31, 97.33, commerce, I find that notice and public 97.35 [Amended] airmen do not use the regulatory text of procedure before adopting these SIAPs the SIAPs, but refer to their graphic are impracticable and contrary to the 2. Part 97 is amended to read as depiction of charts printed by public interest and, where applicable, follows: publishers of aeronautical materials. that good cause exists for making these By amending: § 97.23 VOR, VOR/ Thus, the advantages of incorporation SIAPs effective in less than 30 days. DME, VOR or TACAN, and VOR/DME by reference are realized and or TACAN; § 97.25 LOC, LOC/DME, publication of the complete description Conclusion LDA, LDA/DME, SDF, SDF/DME; of each SIAP contained in FAA form The FAA has determined that this § 97.27 NDB, NDB/DME; § 97.29 ILS, documents is unnecessary. The regulation only involves an established ILS/DME, ISMLS, MLS, MLS/DME, provisions of this amendment state the body of technical regulations for which MLS/RNAV; § 97.31 RADAR SIAPs; affected CFR (and FAR) sections, with frequent and routine amendments are § 97.33 RNAV SIAPs; and § 97.35 the types and effective dates of the necessary to keep them operationally COPTER SIAPs, identified as follows: SIAPs. This amendment also identifies current. It, therefore—(1) is not a the airport, its location, the procedure ‘‘significant regulatory action’’ under * * * Effective Upon Publication

FDC date State City Airport FDC No. SIAP

09/05/00 ...... IN Auburn ...... De Kalb County ...... 0/0823 GPS Rwy 27, Orig... 09/05/00 ...... OH Youngstown ...... Youngstown Elser Metro ...... 0/0836 GPS Rwy 10, Orig±A... 09/27/00 ...... IN Terre Haute ...... Terre Haute IntlÐHulman Field ...... 0/1969 GPS Rwy 5, Orig... 09/27/00 ...... IN Terre Haute ...... Terre Haute IntlÐHulman Field ...... 0/1970 VOR/DME Rwy 5, Amdt 17A... 09/27/00 ...... MI Greenville ...... Greenville Muni ...... 0/1977 GPS Rwy 27, Orig... 09/28/00 ...... IN Kendallville ...... Kendallville ...... 0/2013 GPS Rwy 27, Orig... 09/28/00 ...... TX Dalhart ...... Dalhart Muni ...... 0/2001 VOR Rwy 17, Amdt 12A... 09/28/00 ...... TX Dalhart ...... Dalhart Muni ...... 0/2002 GPS Rwy 17, Orig... 09/29/00 ...... FL Fernandina Beach ...... Fernandina Beach ...... 0/2089 GPS Rwy 13, Orig... 09/29/00 ...... LA Lafayette ...... Lafayette Regional ...... 0/2025 ILS Rwy 22L, Amdt 4A...

VerDate 112000 14:52 Oct 19, 2000 Jkt 194001 PO 00000 Frm 00021 Fmt 4700 Sfmt 4700 E:\FR\FM\20OCR1.SGM pfrm02 PsN: 20OCR1 63012 Federal Register / Vol. 65, No. 204 / Friday, October 20, 2000 / Rules and Regulations

FDC date State City Airport FDC No. SIAP

09/29/00 ...... LA New Roads ...... False River Airpark ...... 0/1993 GPS Rwy 18, Orig... 09/29/00 ...... LA Sulphur ...... Southland Field ...... 0/1992 GPS Rwy 15, Amdt 1... 09/29/00 ...... TX Bay City ...... Bay City Muni ...... 0/2004 GPS Rwy 13, Orig... 09/29/00 ...... TX Dallas ...... DallasÐLove Field ...... 0/2084 ILS Rwy 13R, Amdt 4... 09/29/00 ...... TX Galveston ...... Scholes Intl at Galveston ...... 0/2035 VOR Rwy 13, Amdt 2... 09/29/00 ...... TX Houston ...... HoustonÐSouthwest ...... 0/2081 NDB Rwy 9, Amdt 4B... 09/29/00 ...... WI Chetek ...... Chetek MuniÐSouthworth ...... 0/2071 VOR/DME±A, Orig... 10/02/00 ...... TX Houston ...... HoustonÐSouthwest ...... 0/2128 LOC/DME Rwy 9, Amdt 2B... 10/02/00 ...... TX Lufkin ...... Angelina County ...... 0/2130 VOR Rwy 33, Amdt 13... 10/02/00 ...... VA Norfolk ...... Norfolk Intl ...... 0/2116 ILS Rwy 5 Amdt 24C... 10/03/00 ...... TX Waco ...... Waco Regional ...... 0/2171 NDB Rwy 19, Amdt 18... 10/04/00 ...... AR Dumas ...... Billy Free Municipal ...... 0/2215 VOR/DME or GPS Rwy 36, Amdt 2B... 10/04/00 ...... AR Jonesboro ...... Jonesboro Muni ...... 0/2216 VOR or GPS Rwy 23, Amdt 9... 10/04/00 ...... IN French Lick ...... French Lick Muni ...... 0/2206 NDB Rwy 8, Orig... 10/04/00 ...... IN French Lick ...... French Lick Muni ...... 0/2208 GPS Rwy 26, Orig... 10/04/00 ...... IN French Lick ...... French Lick Muni ...... 0/2209 GPS Rwy 8, Orig... 10/05/00 ...... AK St. George ...... St George ...... 0/2293 LOC/DME±A, Orig... 10/05/00 ...... AR Batesville ...... Batesville Regional ...... 0/2396 NDB or GPS Rwy 7, Amdt 5A... 10/05/00 ...... AR Springdale ...... Springdale Muni...... 0/2361 VOR or GPS Rwy 18, Amdt 14B... 10/05/00 ...... AZ Phoenix ...... Phoenix Sky Harbor Intl ...... 0/2322 ILS Rwy 7R Orig... 10/05/00 ...... AZ Phoenix ...... Phoenix Sky Harbor Intl ...... 0/2324 ILS Rwy 8R Amdt 10... 10/05/00 ...... AZ Phoenix ...... Phoenix Sky Harbor Intl ...... 0/2325 ILS Rwy 26R Amdt 1... 10/05/00 ...... AZ Phoenix ...... Phoenix Sky Harbor Intl ...... 0/2326 LOC BC Rwy 26L Amdt 9A... 10/05/00 ...... AZ Phoenix ...... Phoenix Sky Harbor Intl ...... 0/2328 ILS Rwy 25L Orig... 10/05/00 ...... AZ Phoenix ...... Phoenix Sky Harbor Intl ...... 0/2344 VOR/DME Rwy 26L Amdt 1A... 10/05/00 ...... FL Miami ...... Miami Intl ...... 0/2252 GPS Rwy 9R, Orig±B... 10/05/00 ...... FL Ocala ...... Ocala Regional/Jim Taylor Field ...... 0/2243 RNAV Rwy 36, Orig... 10/05/00 ...... FL Ocala ...... Ocala Regional/Jim Taylor Field ...... 0/2244 RNAV Rwy 18, Orig... 10/05/00 ...... MD Baltimore ...... BaltimoreÐWashington Intl ...... 0/2273 RNAV Rwy 33L, Orig... 10/05/00 ...... MD Baltimore ...... BaltimoreÐWashington Intl ...... 0/2274 RNAV Z Rwy 28 Orig... 10/05/00 ...... MD Baltimore ...... BaltimoreÐWashington Intl ...... 0/2275 RNAV Y Rwy 28 Orig... 10/05/00 ...... MD Baltimore ...... BaltimoreÐWashington Intl ...... 0/2276 RNAV Y Rwy 15R Orig... 10/05/00 ...... MD Baltimore ...... BaltimoreÐWashington Intl ...... 0/2277 RNAV Z Rwy 15R Orig... 10/05/00 ...... MD Baltimore ...... BaltimoreÐWashington Intl ...... 0/2278 ILS Rwy 33R Orig... 10/05/00 ...... MD College Park ...... College Park ...... 0/2264 VOR/DME RNAV Rwy 15 Amdt 3... 10/05/00 ...... MD College Park ...... College Park ...... 0/2268 RNAV Rwy 15 Orig... 10/05/00 ...... MN Minneapolis ...... MinneapolisÐSt.Paul Intl (WoldÐ 0/2284 ILS Rwy 30L (CAT II) Amdt 43... Chamberlain). 10/05/00 ...... MN Minneapolis ...... MinneapolisÐSt.Paul Intl (WoldÐ 0/2286 ILS PRM Rwy 30L, Amdt 4... Chamberlain). 10/05/00 ...... MN Minneapolis ...... MinneapolisÐSt.Paul Intl (WoldÐ 0/2287 ILS Rwy 30L, Amdt 43... Chamberlain). 10/05/00 ...... NY Rome ...... Griffis Airpark ...... 0/2355 ILS Rwy 15 Orig... 10/05/00 ...... PR San Juan ...... Luis Munoz Marin Intl ...... 0/2253 RNAV Rwy 10, Orig... 10/05/00 ...... TN Memphis ...... Memphis Intl ...... 0/2298 ILS Rwy 18L, Amdt 1A... 10/05/00 ...... VA Norfolk ...... Norfolk Intl ...... 0/2281 RNAV Rwy 23 Orig... 10/06/00 ...... CA Marysville ...... Yuba County ...... 0/2425 NDB or GPS Rwy 14 Amdt 3C... 10/06/00 ...... CA Marysville ...... Yuba County ...... 0/2427 VOR Rwy 14 Amdt 9C... 10/06/00 ...... CA Marysville ...... Yuba County ...... 0/2428 ILS Rwy 14 Amdt 4C... 10/06/00 ...... CA Marysville ...... Yuba County ...... 0/2429 VOR Rwy 32 Amdt 10C... 10/06/00 ...... CA Marysville ...... Yuba County ...... 0/2430 GPS Rwy 14 Orig... 10/06/00 ...... CA Marysville ...... Yuba County ...... 0/2431 GPS Rwy 32 Orig... 10/06/00 ...... IL Salem ...... Salem-Leckrone ...... 0/2462 GPS Rwy 18 Orig... 10/06/00 ...... IL Salem ...... Salem-Leckrone ...... 0/2463 NDB Rwy 18 Amdt 9... 10/10/00 ...... MT Helena ...... Helena Regional ...... 0/2607 VOR/DME or GPS±B Amdt 6A... 10/10/00 ...... MT Helena ...... Helena Regional ...... 0/2608 ILS Rwy 27 Amdt 1A... 10/10/00 ...... TX Jacksonville ...... Cherokee County ...... 0/2600 VOR/DME or GPS Rwy 14, Amdt 3A... This replaces FDC 0/2079. 10/11/00 ...... IN Indianapolis ...... Indianapolis International ...... 0/2652 ILS Rwy 5L, Amdt 1A... 10/11/00 ...... LA Alexandria ...... Alexandria Esler Regional ...... 0/2622 ILS Rwy 26, Amdt 13A... 10/11/00 ...... OH Cincinnati ...... Cincinnati Muni AirportÐLunken Field 0/2651 NDB or GPS Rwy 25, Amdt 9... 10/11/00 ...... OH Willoughby ...... Willoughby Lost Nation Muni ...... 0/2647 NDB or GPS Rwy 9, Amdt 9A... 10/11/00 ...... OH Willoughby ...... Willoughby Lost Nation Muni...... 0/2648 NDB or GPS Rwy 27, Amdt 12A... 10/11/00 ...... TX Childress ...... Childress Muni ...... 0/2630 GPS Rwy 35, Orig... This replaces FDC 0/1490

VerDate 112000 14:52 Oct 19, 2000 Jkt 194001 PO 00000 Frm 00022 Fmt 4700 Sfmt 4700 E:\FR\FM\20OCR1.SGM pfrm02 PsN: 20OCR1 Federal Register / Vol. 65, No. 204 / Friday, October 20, 2000 / Rules and Regulations 63013

[FR Doc. 00–26951 Filed 10–19–00; 8:45 am] U.S. Government Printing Office, least 30 days after publication is BILLING CODE 4910±13±M Washington, DC 20402. provided. FOR FURTHER INFORMATION CONTACT: Further, the SIAPs contained in this Donald P. Pate, Flight Procedure amendment are based on the criteria DEPARTMENT OF TRANSPORTATION Standards Branch (AmcAFS–420), contained in U.S. Standard for Terminal Flight Technologies and Programs Federal Aviation Administration Instrument Procedures (TERPS). In Division, Flight Standards Service, developing these SIAPs, the TERPS Federal Aviation Administration, Mike 14 CFR Part 97 criteria were applied to the conditions Monroney Aeronautical Center, 6500 existing or anticipated at the affected [Docket No. 30206; Amdt. No. 2014] South MacArthur Blvd. Oklahoma City, airports. Because of the close and OK. 73169 (Mail Address: P.O. Box Standard Instrument Approach immediate relationship between these 25082 Oklahoma City, OK. 73125) SIAPs and safety in air commerce, I find Procedures; Miscellaneous telephone: (405) 954–4164. Amendments that notice and public procedure before SUPPLEMENTARY INFORMATION: This adopting these SIAPs are impracticable AGENCY: Federal Aviation amendment to part 97 of the Federal and contrary to the public interest and, Administration (FAA), DOT. Aviation Regulations (14 CFR part 97) where applicable, that good cause exists establishes, amends, suspends, or ACTION: Final rule. for making some SIAPs effective in less revokes Standard Instrument Approach than 30 days. SUMMARY: This amendment establishes, Procedures (SIAPs). The complete amends, suspends, or revokes Standard regulatory description of each SIAP is Conclusions Instrument Approach Procedures contained in official FAA form The FAA has determined that this (SIAPs) for operations at certain documents which are incorporated by regulation only involves an established airports. These regulatory actions are reference in this amendment under 5 body of technical regulations for which needed because of the adoption of new U.S.C. 552(a), 1 CFR part 51, and § 97.20 frequent and routine amendments are or revised criteria, or because of changes of the Federal Aviation Regulations occurring in the National Airspace (FAR). The applicable FAA Forms are necessary to keep them operationally System, such as the commissioning of identified as FAA Forms 8260–3, 8260– current. It, therefore—(1) is not a new navigational facilities, addition of 4, and 8260–5. Materials incorporated ‘‘significant regulatory action’’ under new obstacles, or changes in air traffic by reference are available for Executive Order 12866; (2) is not a requirements. These changes are examination or purchase as stated ‘‘significant rule’’ under DOT designed to provide safe and efficient above. Regulatory Policies and Procedures (44 use of the navigable airspace and to The large number of SIAPs, their FR 11034; February 26, 1979); and (3) promote safe flight operations under complex nature, and the need for a does not warrant preparation of a instrument flight rules at the affected special format make their verbatim regulatory evaluation as the anticipated airports. publication in the Federal Register impact is so minimal. For the same expensive and impractical. Further, reason, the FAA certifies that this DATES: An effective date for each SIAP airmen do not use the regulatory text of amendment will not have a significant is specified in the amendatory the SIAPs, but refer to their graphic economic impact on a substantial provisions. depiction on charts printed by number of small entities under the Incorporation by reference-approved publishers of aeronautical materials. criteria of the Regulatory Flexibility Act. by the Director of the Federal Register Thus, the advantages of incorporation on December 31, 1980, and reapproved by reference are realized and List of Subjects in 14 CFR Part 97 as of January 1, 1982. publication of the complete description Air traffic control, Airports, ADDRESSES: Availability of matters of each SIAP contained in FAA form Navigation (air). incorporated by reference in the documents is unnecessary. The amendment is as follows: provisions of this amendment state the Issued in Washington, DC on October 13, For Examination— affected CFR (and FAR) sections, with 2000. 1. FAA Rules Docket, FAA the types and effective dates of the L. Nicholas Lacey, Headquarters Building, 800 SIAPs. This amendment also identifies Director, Flight Standards Service. Independence Avenue, SW., the airport, its location, the procedure Washington, DC 20591; identification and the amendment Adoption of the Amendment 2. The FAA Regional Office of the number. Accordingly, pursuant to the region in which the affected airport is authority delegated to me, part 97 of the located; or The Rule Federal Aviation Regulations (14 CFR 3. The Flight Inspection Area Office This amendment to part 97 is effective part 97) is amended by establishing, which originated the SIAP. upon publication of each separate SIAP amending, suspending, or revoking For Purchase—Individual SIAP as contained in the transmittal. Some copies may be obtained from: SIAP amendments may have been Standard Instrument Approach 1. FAA Public Inquiry Center (APA– previously issued by the FAA in a Procedures, effective at 0901 UTC on 200), FAA Headquarters Building, 800 National Flight Data Center (NFDC) the dates specified, as follows: Independence Avenue, SW., Notice to Airmen (NOTAM) as an PART 97ÐSTANDARD INSTRUMENT Washington, DC 20591; or emergency action of immediate flight APPROACH PROCEDURES 2. The FAA Regional Office of the safety relating directly to published region in which the affected airport is aeronautical charts. The circumstances located. which created the need for some SIAP 1. The authority citation for part 97 is By Subscription—Copies of all SIAPs, amendments may require making them revised to read as follows: mailed once every 2 weeks, are for sale effective in less than 30 days. For the Authority: 49 U.S.C. 106(g), 40103, 40113, by the Superintendent of Documents, remaining SIAPs, an effective date at 40120, 44701; and 14 CFR 11.49(b)(2).

VerDate 112000 14:52 Oct 19, 2000 Jkt 194001 PO 00000 Frm 00023 Fmt 4700 Sfmt 4700 E:\FR\FM\20OCR1.SGM pfrm02 PsN: 20OCR1 63014 Federal Register / Vol. 65, No. 204 / Friday, October 20, 2000 / Rules and Regulations

§§ 97.23, 97.25, 97.27, 97.29, 97.31, 97.33, Mexico, MO, Mexico Memorial, VOR/ DEPARTMENT OF TRANSPORTATION 97.35 [Amended] DME RWY 24, Amdt 1A 2. Part 97 is amended to read as Mexico, MO, Mexico Memorial, GPS National Highway Traffic Safety follows: RWY 6, Orig-A Administration By amending: § 97.23 VOR, VOR/ Mexico, MO, Mexico Memorial, GPS DME, VOR or TACAN, and VOR/DME RWY 24, Orig-A 49 CFR Part 571 or TACAN; § 97.25 LOC, LOC/DME, Perryville, MO, Perryville Muni, VOR/ [Docket No. NHTSA 99±5063; Notice 2] LDA, LDA/DME, SDF, SDF/DME; DME RNAV RWY 20, Amdt 3A RIN 2127ÐAH 83 § 97.27 NDB, NDB/DME; § 97.29 ILS, Perryville, MO, Perryville Muni, GPS ILS/DME, ISMLS, MLS, MLS/DME, RWY 2, Orig-A Federal Motor Vehicle Safety MLS/RNAV; § 97.31 RADAR SIAPs; Perryville, MO, Perryville Muni, GPS Standards; Interior Trunk Release § 97.33 RNAV SIAPs; and § 97.35 RWY 20, Orig-A AGENCY: National Highway Traffic COPTER SIAPs, identified as follows: Popular Bluff, MO, Poplar Bluff Muni, Safety Administration (NHTSA), DOT. * * * Effective November 2, 2000 GPS RWY 18, Orig-B ACTION: Final rule. Medford, OR, Rogue Valley Intl- Sedalia, MO, Sedalia Memorial, GPS Medford, ILS/DME RWY 14, Amdt RWY 18, Orig-B SUMMARY: This document establishes 14, CANCELLED Sedalia, MO, Sedalia Memorial, GPS new Federal motor vehicle safety Medford, OR, Rogue Valley RWY 36, Orig-B standard (FMVSS) No. 401; Internal International-Medford, ILS RWY 14, Sikeston, MO, Sikeston Memorial Muni, trunk release, that requires all new Orig VOR RWY 20, Amdt 3C passenger cars with trunks be equipped Scappoose, OR, Scappoose Industrial Poplar, MT, Poplar, RNAV RWY 9, Orig with a release latch inside the trunk Airpark, LOC/DME RWY 15, Amdt Poplar, MT, Poplar, RNAV RWY27, Orig compartment beginning September 1, 1 Montgomery, NY, Orange County, GPS 2001. Instead of a release latch, this Dallas, TX, Dallas-Love Fields, ILS RWY RWY 3, Orig, CANCELLED document also permits the installation 13L, Amdt 31 Montgomery, NY, Orange County, of an alternative system such as a passive trunk release system which * * * Effective November 30, 2000 RNAV RWY 3, Orig Montgomery, NY, Orange County, would detect the presence of a human Gulf Shores, AL, Jack Edwards, RNAV RNAV RWY 8, Orig in the trunk and would automatically RWY 9, Orig unlatch the trunk lid. During the Montgomery, NY, Orange County, Prattville, AL, Autauga County, RNAV summer of 1998, eleven children died RNAV RWY 21, Orig RWY 9, Orig when they inadvertently trapped Port Heiden, AK, Port Heiden, VOR/ Montgomery, NY, Orange County, themselves in the trunk of a car. This DME RWY 13, Amdt 1, RNAV RWY 26, Orig new standard will provide children and CANCELLED Concord, NC, Concord Regional, ILS others who find themselves trapped Orlando, FL, Orlando Sanford, ILS RWY RWY 20, Amdt 1 inside a passenger car trunk a chance to 27R, Orig Sand Springs, OK, William R. Pogue get out of the trunk alive. Chicago/Aurora, IL, Aurora Muni, Muni, VOR OR GPS–A, Amdt 2 DATES: Effective Date: The effective date RNAV RWY 15, Orig Pottsville, PA, Schuylkill County/Joe of the final rule is September 1, 2001. Chicago/Aurora, IL, Aurora Muni, Zerbey, RNAV RWY 11, Orig Early compliance date. You have the RNAV RWY 33, Orig Pottsville, PA, Schuylkill County/Joe option of early compliance with this Louisville, KY, Bowman Field, VOR OR Zerbey, RNAV RWY 29, Orig final rule beginning October 20, 2000. GPS RWY 14, Amdt 9A, Pottsville, PA, Schuylkill County/Joe Petition for reconsideration deadline. CANCELLED Zerbey, VOR/DME RNAV RWY 29, If you wish to petition for Louisville, KY, Bowman Field, VOR Amdt 3, CANCELLED reconsideration of this final rule, you RWY 32, Amdt 14A, CANCELLED Memphis, TN, Memphis Intl, RADAR– must submit it so that we receive your Alexandria, LA, Alexandria Intl, RNAV 1, Amdt 39 petition not later than December 4, RWY 14, Orig 2000. Hammond, LA, Hammond Muni, NDB Smithville, TN, Smithville Muni, RNAV OR GPS RWY 18, Amdt 2B RWY 24, Orig ADDRESSES: In your petition for Hyannis, MA, Barnstable Muni- Somerville, TN, Fayette County, NDB reconsideration, you should refer to the Boardman/Polando Field, RNAV RWY 19, Amdt 1 docket number and notice number at the RWY 24, Orig Rockport, TX, Aransas CO, NDB RWY beginning of this final rule, and submit Alexandria, MN, Chandler Field, ILS 14, Amdt 1 the petition for reconsideration to: RWY 31, Orig Sherman/Denison, TX, Grayson County, Administrator, NHTSA, 400 Seventh Alexandria, MN, Chandler Field, NDB VOR/DME RNAV RWY 35R, Orig-B Street, S.W., Washington, D.C. 20590. RWY 31, Amdt 5 Longview, TX, Gregg County, NDB RWY FOR FURTHER INFORMATION CONTACT: Olivia, MN, Olivia Regional, RNAV 13, Amdt 14B Kenneth O. Hardie, Office of Crash RWY 29, Orig Tyler, TX, Tyler Pounds Field, VOR/ Avoidance Standards, NHTSA, 400 Picayune, MS, Picayune Muni, RNAV DME OR GPS RWY 4, Amdt 3C Seventh Street, S.W., Washington DC RWY 18, Orig Tyler, TX, Tyler Pounds Field, VOR/ 20590. Mr. Hardie’s telephone number Picayune, MS, Picayune Muni, RNAV DME OR GPS RWY 22, Amdt 3C is (202) 366–6987 and his facsimile RWY 31, Orig Tyler, TX, Tyler Pounds Field, VOR number is (202) 493–2739. Picayune, MS, Picayune Muni, RNAV RWY 31, Amdt 1C SUPPLEMENTARY INFORMATION: RWY 36, Orig Tyler, TX, Tyler Pounds Field, NDB OR Malden, MO, Malden Muni, VOR/DME Previous Agency Looks at Trunk GPS RWY 13, Amdt 17D RNAV OR GPS RWY 13, Orig-A Entrapment Malden, MO, Malden Muni, VOR OR [FR Doc. 00–26950 Filed 10–19–00; 8:45 am] The issue of motor vehicle trunk GPS RWY 31, Amdt 7B BILLING CODE 4910±13±M entrapment was initially raised in May

VerDate 112000 15:48 Oct 19, 2000 Jkt 194001 PO 00000 Frm 00024 Fmt 4700 Sfmt 4700 E:\FR\FM\20OCR1.SGM pfrm01 PsN: 20OCR1 Federal Register / Vol. 65, No. 204 / Friday, October 20, 2000 / Rules and Regulations 63015 of 1984 when NHTSA was petitioned by might also be secured so that an internal including vehicle manufacturers, law Mr. William Proehl to require that every release mechanism could not be enforcement groups, experts in child new car be equipped with a trunk operated. psychology and behavior, child safety release lever that can be easily operated Between May 1984 and July 1998, advocates, the medical community, from inside a vehicle’s trunk. The NHTSA received approximately two other Federal government agencies, and petitioner listed various possible dozen letters expressing concern about other interested parties. NHTSA circumstances of accidental and trunk entrapments. In no case was data officials were not members of the panel, intentional entrapment in the trunk of a provided to the agency about the size of but attended all meetings as observers. vehicle. The petitioner stated that this safety problem. NHTSA’s role was to be available to persons such as alarm and stereo Events of the Summer of 1998 provide information and advice to the installers, mechanics, playful children, Panel members when asked, on issues pranksters, and crime victims may be In June 1998, Congress directed such as outreach, marketing, education, trapped in the trunk. The petitioner also NHTSA to conduct a study of the training, existing federal standards, believed that an elderly person might benefits to the public of a regulation research and statistical information. fall into the trunk and thereby become requiring the installation in motor This Expert Panel met three times in entrapped. Mr. Proehl asked NHTSA to vehicles of an interior device to release Washington, DC, in January, March, and require an inside trunk release in all the trunk lid. NHTSA was required to May 1999. At the first meeting, at the new cars to facilitate the release of these submit a report on the results of the request of the Panel’s chairperson, victims. study to Congress by December 1999. NHTSA presented an overview of the After reviewing the petition and the Additionally, during a three-week available data on the size of the safety available relevant information, NHTSA period between July and August of problem. NHTSA’s report is available in published a notice of denial of petition 1998, eleven children died in three the public docket in both its original for rulemaking which concluded that separate incidents when they locked and revised form (Docket No. NHTSA the likelihood of an internal trunk lever themselves in the trunk of an 1999–5063–2 and 5063–3, respectively). ever being used was remote (49 FR automobile. The report concluded that existing 47277; December 3, 1984). NHTSA The Work of the Expert Panel on Trunk Federal databases had very little stated in 1984 that it was not aware of Entrapment information on the problem of trunk any data indicating that there is much entrapment, and described our search of likelihood of occurrence of In September 1998, NHTSA began to data collected by this agency, as well as unintentional entrapment in a vehicle’s gather all available information on the the Consumer Product Safety trunk. NHTSA’s rationale for its issue of trunk entrapments. In general, Commission, the National Center for conclusion stated that trunk lids are it appears that the victims of trunk Health Statistics, and the Federal spring-loaded in the open position and, entrapment include two distinct Bureau of Investigation. The available therefore, not likely to close by categories: people who are intentionally data indicated there have been 21 themselves with someone inside. locked in a motor vehicle trunk by deaths in 11 incidents of inadvertent Because the lids are spring loaded, it is criminals and people, mostly children, trunk entrapment from 1987 to 1999. difficult to close the trunk from any who inadvertently lock themselves in Also at the first meeting, Janette position except standing behind the the trunk. The problem’s solution Fennell of Trunk Releases Urgently vehicle and pushing down on the outer requires some understanding of criminal Needed Coalition (TRUNC), a non-profit surface of the trunk lid. From that and child behavior, the human factors group dedicated to improving trunk position, a person has a full view of the problem of designing a mechanism that safety, made a presentation suggesting trunk interior. The agency stated that it children and others will be able to that trunk entrapments happen with believed it would be extremely unlikely operate quickly when frightened and in greater regularity than is generally that a person would accidentally close the dark, and other issues including believed. Ms. Fennell said that, as of the lid with someone inside. Concerning location and possible power January 1999, she had gathered an elderly person falling into the trunk, requirements. Considering the broad anecdotal evidence and media reports of the petitioner suggested that entrapment array of issues, NHTSA decided that more than 900 cases of trunk could occur if snow on the trunk closed instead of having the government entrapment. Ms. Fennell’s presentation the lid when the person fell. It was develop a solution on its own, a more was followed by a presentation by unclear to NHTSA how the trunk would effective way of addressing and Lenore Terr, a child psychologist. Ms. entrap the person in this circumstance, understanding the issue would be to Terr explained that evidence suggests since it is unlikely that the individual bring business, government and civic that small children basically ‘‘shut would fall in such a way that more than leaders, medical and engineering down’’ and passively wait for rescue in his or her upper torso is inside the researchers and a broad coalition of situations like trunk entrapment. Hence, trunk. Again, in this situation, NHTSA concerned organizations together to she recommended that any trunk release stated its belief that an internal trunk work to prevent trunk entrapments. To must be very simple or it will not help release lever would not likely need to be accomplish this, NHTSA decided to small children. used. convene an independent panel of The next presentation at the first The 1984 notice stated that NHTSA experts. meeting was by Mr. Robert Lange of was aware that victims of crime or In November 1998, NHTSA asked Ms. General Motors Corporation (GM). Mr. pranks are, on occasion, purposely Heather Paul of the National Safe Kids Lange presented GM’s research and locked in the trunk of a vehicle. Campaign to chair an Expert Panel for trunk safety retrofit solution. GM’s However, the petitioner did not provide the purpose of developing interior release mechanism is a handle any data supporting the benefits of an recommendations and strategies by mid- that is lighted for 30 minutes after the internal release mechanism in these 1999 for addressing the issue of deaths trunk is closed. GM’s research found circumstances. The agency did not and and injuries resulting from motor that most 3- to 6-year old children could still does not know, for example, how vehicle trunk entrapment. The Expert successfully use this handle. The often a victim of a crime or prank who Panel on Trunk Entrapment consisted of success rate increased dramatically as is purposely locked in a vehicle’s trunk representatives from various industries, children got older. However, Mr. Lange

VerDate 112000 14:52 Oct 19, 2000 Jkt 194001 PO 00000 Frm 00025 Fmt 4700 Sfmt 4700 E:\FR\FM\20OCR1.SGM pfrm02 PsN: 20OCR1 63016 Federal Register / Vol. 65, No. 204 / Friday, October 20, 2000 / Rules and Regulations emphasized that neither GM’s handle would necessarily install inside trunk polypropylene, like many food nor any other approach will allow all 3- releases on all their vehicles. containers. Mr. Stando said that the to 6-year old children to get out of a 2. NHTSA Establishes a Requirement handle has a phosphorescent ‘‘glow-in- trunk alive. That is why, according to for Vehicles to be Equipped with Inside the-dark’’ additive, so it needs no Mr. Lange, GM’s retrofit switch requires Trunk Releases without any electrical power. The handle is quick- a deliberate movement of a switch to Performance Requirements. The charging—it needs only 10 seconds of latch the trunk closed. GM believes this potential benefit of this path is that it garage light to glow visibly inside the will prevent a significant portion of allows manufacturers maximum closed trunk. The glow was said to be inadvertent trunk entrapments. freedom to experiment with different very long-lasting (up to 8 hours when The final presentation at the first designs of inside trunk releases, while fully charged). The handle operates with meeting was by Wayne Lord, of the assuring that all vehicles with trunks a pull motion. It is low effort and FBI’s National Center for the Analysis of will have an inside trunk release. The requires only one inch of travel, factors Violent Crime. Mr. Lord said we learn potential negative implications of this designed to make the trunk release about criminals by studying their path were that, absent performance system child-friendly, according to Mr. reactions to certain situations or stimuli. requirements, the goals of the Stando. In addition, this mechanism can These reactions allow one to predict requirement might not be fulfilled. be retrofitted on Ford cars from one to likely future behavior when confronted Manufacturers might choose ineffective five model years back. Mr. Stando with those situations or stimuli. There inside trunk releases that would fully announced that Ford will make this are currently no studies of which Mr. comply with such a standard. release available as a retrofit option for Lord is aware that involve the behavior 3. NHTSA Establishes a Detailed these older vehicles. of criminals who knew there was a Performance Requirement for Inside As a result of the information and trunk release inside the trunk. Hence, Trunk Releases. The potential benefit of discussions at these three meetings, the there is no scientific basis for this path is that it establishes clear Expert Panel announced a series of predictions about what criminals will guidance as to what performance is recommendations on June 8, 1999. One do if there are inside trunk releases expected from inside trunk releases. The of these recommendations was that (either harm or immobilize victims or potential negative of this path is the ‘‘[a]ll automobile manufacturers should amount of time it would take to conduct ignore or forget about the trunk release). design and install trunk safety features, research to determine what performance Any prediction as to which of these two including internal trunk release requirements should be established. In courses criminals will take is just a mechanisms, into all new vehicles by addition, detailed performance guess, and the FBI will not do that. January 1, 2001.’’ Another requirements can pose obstacles to new recommendation was that NHTSA At the second meeting of the Expert technologies not available at the time ‘‘should issue a standard requiring Panel on March 9, 1999, the first the performance requirements are vehicles to be equipped with internal presentation was by Dr. Jonathan Arden, established. trunk release mechanisms.’’ The a forensic pathologist and the Medical The Expert Panel did not decide on standard should hold the automobile Examiner for the District of Columbia. any one of these three options at its industry accountable for taking action, Dr. Arden provided a detailed medical second meeting, but there was yet allow manufacturers the freedom to description of asphyxiation and significant discussion of each of these determine optimal design solutions. hyperthermia, the diagnoses on the courses of action. The Panel decided to Manufacturers are urged to pursue death certificates of the children who wait to make any recommendation as to voluntary action rather than waiting for died in the trunks of cars. Dr. Arden the approach it would recommend. the effective date of this final rule. suggested the preferred approach would At the third meeting of the Expert be to get the children out of the trunk Panel on May 3, 1999, Mr. Michael Notice of Proposed Rulemaking as quickly as possible. The other Stando of Ford Motor Company gave a (NPRM) presentation at the second meeting was presentation about the inside trunk On December 17, 1999, NHTSA by Lois Fingerhut of the National Center release that will be original equipment published an NPRM in the Federal for Health Statistics (NCHS), who gave on all of its model year 2000 cars. This Register proposing a new FMVSS to information about the pilot program decision by Ford affects 1.8 million cars require that all new vehicles with trunks NHTSA and NCHS have undertaken to and three latch suppliers. Mr. Stando come equipped with a release latch look at non-crash deaths in vehicles. said that Ford generated 22 different inside the trunk compartment beginning Ms. Fingerhut gave out a copy of a potential approaches. Ford consulted a January 1, 2001 (See 64 FR 70672). The standard death certificate and explained psychologist specializing in child comment period for the notice ended on how and where the information on the behavior. The psychologist said that the February 15, 2000. Of the 266 comments cause of death is coded. most natural response for children 18 on the NPRM (some comments were The Expert Panel spent a significant months to 4 years old to an object that improperly filed in the Trunk part of the second meeting discussing interests them is to grasp the object and Entrapment Docket, NHTSA Docket No. possible paths for getting inside trunk pull it toward themselves, to put it in 1999–5063), only two commenters releases into vehicles. The options their mouth if they are younger and to stated that they were opposed to the considered were: visually examine it more closely if they proposed new standard. One individual 1. Rely on voluntary actions by are older. Mr. Stando stated that Ford (a member of the general public) stated, manufacturers to install inside trunk human factors specialists then tested ‘‘I do not believe that trunk releases of releases. The potential benefits their symbol and symbol/handle this nature should be mandatory. An identified with this path were that it recognition on 27 children between the alternative to this may be to make it allows maximum freedom to develop ages of three and five. Eighteen of the 27 mandatory that dealerships offer this as and install a variety of different children achieved at least partial an option.’’ The other comment in solutions without imposing any symbol/handle recognition. Ford’s opposition to the new standard was unintended regulatory obstacles. The inside trunk release is cable-operated from Volkswagen AG, Audi AG and potential negative implications of this with a T-shaped handle. The handle is Volkswagen of America, Inc., path were that not all manufacturers sized for a child’s hand and made of (Volkswagen). Volkswagen in referring

VerDate 112000 14:52 Oct 19, 2000 Jkt 194001 PO 00000 Frm 00026 Fmt 4700 Sfmt 4700 E:\FR\FM\20OCR1.SGM pfrm02 PsN: 20OCR1 Federal Register / Vol. 65, No. 204 / Friday, October 20, 2000 / Rules and Regulations 63017 to the 1984 NHTSA denial of a petition of this standard resulted to some degree commonly 22 by 54 inches, and heavy, to issue a Standard for inside trunk from NHTSA’s adoption in the NPRM of approximately 40 pounds. releases stated, ‘‘Volkswagen believes the Standard No. 206; ‘‘Door locks and Since the proposed rule offers no that the NHTSA reasons for denying door retention components’’ definition apparent benefits in its applicability to that petition are still applicable.’’ of ‘‘trunk lid.’’ Standard No. 206 applies these other vehicle types, i.e., A significant number of commenters to passenger cars, multipurpose multipurpose passenger vehicles, buses, simply stated their support for the passenger vehicles and trucks. Door and trucks, NHTSA is not including proposed rule. In general, the locks and retention components on them in the scope and application of commenters can be categorized into four buses are not covered by FMVSS No. this Standard. different groups, general public; vehicle 206. If in the future, NHTSA concludes that trunk entrapment is a problem with manufacturers, suppliers, and NHTSA’s decision to limit the multipurpose passenger vehicles, buses, associated trade associations; safety application of this new standard to and trucks, the agency will at that time advocate institutions; and other groups passenger cars is based on the following evaluate the hazard and determine what and entities, i.e., members of state information. The available data and solution will best prevent entrapment. governments, members of the medical anecdotal evidence of entrapment are community, etc. A summary of the Concerning the applicability of this associated with passenger cars only. issues raised and concerns expressed is Standard to hatchbacks, if a movable There is essentially no mention of any presented below, along with NHTSA body panel, that provides access to a entrapment having occurred in buses or responses: space wholly partitioned from the trucks or in multipurpose passenger occupant compartment, encloses that Summary of Comments and Issues vehicles. Additionally, there does not space upon closing a permanently Raised appear to be evidence of accidental attached lid such as a hatchback lid, The following is a summary of issues entrapment involving medium or heavy- then the closing lid is considered a raised and concerns expressed regarding duty vehicles. Medium and heavy-duty trunk lid for the purposes of this rule. the NPRM. These concerns and issues vehicles are not readily accessible to • Definition of ‘‘Trunk lid’’—In using are as summarized below: small unattended children to the same the FMVSS No. 206 definition of ‘‘trunk extent as are passenger cars. lid’’ as proposed in the NPRM, a pick- Comment/Concerns/Issues With respect to buses, the School Bus up bed with a tonneau cover, for • Application—Some commenters Manufacturers Technical Council example, could be interpreted to be a stated that the NPRM is ambiguous on commented that, trunk lid. The back of the pick-up cab the scope of the proposed Standard, i.e., The storage doors on school buses often are is a permanently attached partition and the preamble under the heading of provided with latches and locking devices, a pick-up bed has at least one ‘‘movable Scope of Proposal (page 70675) states and require a key to unlock and open. Unlike body panel that provides access from regarding the definition of trunk lid, passenger cars, there is no lever or switch in outside the vehicle,’’ for example, the ‘‘The effect of this definition is that the the occupant compartment that unlocks and tailgate, a tonneau (soft or rigid) or the requirement for an internal release opens the storage compartment. If the hinged panel of a pick-up bed cap. would not apply to vehicles that do not compartment is locked, in order for Under the proposed text of the typically have trunk lids, like hatchback entrapment to occur, the child would have to Standard, pick-up trucks could be cars, station wagons, pickup trucks, obtain a key from the bus driver or facility required to install internal trunk sport utility vehicles, and vans.’’ where the bus was stored or parked. It seems releases. Extended further, a covered unlikely that a bus driver or other adult However, the proposed text of would give a bus key to a child. toolbox in a pick-up bed or a covered Paragraph S2, Application states, ‘‘This In those instances where the storage storage compartment accessible from the standard applies to passenger cars, compartment on a school bus does not exterior could likewise require an multipurpose passenger vehicles, buses, require a key to unlock, the physical size and interior trunk release. and trucks that have a trunk lid.’’ Thus, weight of the storage compartment door raise Many trucks produced for commercial the Application section includes serious questions as to whether a child could or vocational use have storage vehicles the preamble would have open the door fully.’’ ‘‘If a child were able compartments (a movable body panel excluded. Limiting the scope of the to fully open a storage compartment door on that provides access from outside the proposal to passenger cars would be a school bus and climb into the storage vehicle to a space wholly partitioned compartment, it does not appear the child from the occupant compartment by a consistent with field data, the could then close the door behind himself or recommendations of the expert panel herself. permanently attached partition or a and the preamble. fixed or fold-down seat back) that could NHTSA Response—The inclusion of The same appears to be true for be included under the ‘‘trunk lid’’ multipurpose passenger vehicles, buses commercial passenger buses. For buses, definition. This would include locking and trucks in the Application section of and most trucks and multipurpose storage cabinets on the side of a truck the proposed standard led some passenger vehicles, ‘‘trunks’’ consist of body or roll up door of a beverage commenters to conclude that NHTSA storage compartments contained in the delivery truck. The National Truck was proposing to apply the internal exterior sides of the vehicles, usually Equipment Association (NTEA), latch release requirements to trunks and below the floor of the passenger recommended that the definition of storage compartments of a broad range compartment. These storage trunk lid be clarified to exclude such of vehicles other than passenger cars. compartments are used for storage of storage compartments and/or that the NHTSA has clarified the Standard by battery, luggage and/or cargo, the spare scope of the proposal be restricted to adding a definition of ‘‘trunk tire and tools, etc. The compartment vehicles with gross vehicle weight compartment’’ and changing the doors (trunk lids) on these vehicles are rating of 6,000 pounds or less. Many Application section so that the standard typically contained in a vertical plane vehicle manufacturers, including will only apply to new passenger cars when closed and open outward and General Motors, Ford Motor Company, that have ‘‘trunk compartments.’’ The upward to allow items to be placed Daimler Chrysler, Blue Bird Body apparent inclusion of other motor horizontally into the compartment Company, and the Truck Manufacturers vehicle types in the Application section (trunk). These doors are large, Association recommended that NHTSA

VerDate 112000 14:52 Oct 19, 2000 Jkt 194001 PO 00000 Frm 00027 Fmt 4700 Sfmt 4700 E:\FR\FM\20OCR1.SGM pfrm02 PsN: 20OCR1 63018 Federal Register / Vol. 65, No. 204 / Friday, October 20, 2000 / Rules and Regulations limit the application of this Standard to in the trunk (i.e., spare tire, wheel jack, with the objectives of FMVSS No. 113, passenger cars. tools, etc.). they recommend NHTSA modify S2 of NHTSA’s Response—As stated in the NHTSA rejects the recommendation Standard No. 401 to specifically exclude NHTSA response to the comments of using a rectangular box dimensioned compartments with front opening regarding Application, the applicability to the specifications proposed by some hoods. of this Standard has been amended and of the automobile manufacturers, i.e., NHTSA’s Response—For purposes of is limited to passenger cars. This should 35″ long x 15″ height x 12″ wide or 89 this Standard, a trunk compartment address the problem identified for cm x 38 cm x 30 cm, because a rigid means a space that is wholly separated storage space on pick-up trucks, rectangular box may not fit in some from the occupant compartment of a multipurpose passenger vehicles, buses, trunks due to the trunk opening or the passenger car by a permanently attached and trucks in general. depth behind the opening, while the partition or by a fixed or fold-down seat • Trunk Size—The definition of a flexible Hybrid III Crash Test Dummy back and/or partition, and that space ‘‘trunk lid’’ may be read to apply to and real children could easily fit into can be accessed from outside the motor numerous situations in which it was not the space. Thus, NHTSA has decided vehicle by a trunk lid. This space is not intended. For example, it may apply to that the Part 572—Anthropomorphic the compartment that holds the the panel opening to the fuel filler tube. Test Devices, Subpart C—3-Year-Old vehicle’s engine or battery That door is a movable panel that Child, mentioned by commenters, is the compartment. A trunk lid means a provides access from outside the vehicle appropriate test device. Also, note that movable body panel that provides to a space that is wholly partitioned NHTSA conducted an experiment using access from outside a motor vehicle to from the passenger compartment. Yet no the completely assembled NHTSA a trunk compartment. The fact that the person could be trapped inside that three-year-old Hybrid III child crash test trunk compartment is located at the space. As proposed, the definition dummy. During the experiment NHTSA front of the vehicle does not reduce the includes storage compartments constructed a rectangular box to the need for an entrapped individual, regardless of their size. A number of specifications proposed by some of the ″ ″ especially a small child, to be able to manufacturers recommended that commenters, i.e., 35 long x 15 high x escape the trunk when entrapped. NHTSA specify or add a minimum 12″ wide or 89 cm x 38 cm x 30 cm. We NHTSA is aware that unlocking and trunk volume. Porsche, Daimler- were able to easily place the three year- opening a front opening trunk/hood Chrysler, Toyota Motor Corporation, the old male hybrid dummy within the while the vehicle is in motion results in Association of International Automobile confines of the box. To fit the dummy a risk of injuring the driver, passenger Manufacturers, and some other within the rectangular box, it was only and other motorist due to obstruction of automobile manufacturers necessary to slightly bend its knees. the driver’s forward view. However, we recommended a space of 35″ x 15″ x 12″ Obviously the test dummy need not be conclude that the interest in getting the be defined as the minimum area beneath equipped with the accelerometers victim out of the trunk is paramount. a trunk lid that would require an required in Part 572.21, since no crash Therefore, the Standard No. 113 internal trunk release mechanism. They test will be conducted. indicated that these dimensions are • Front-Opening-Trunks/Hoods— requirement for the secondary latch based upon the shoulder width and the Porsche and the Association of must be subservient to the requirement torso length of the Hybrid III Three- International Automobile Manufacturers for an interior trunk release in those Year-Old Child Crash Test Dummy used (AIAM) argued that the new standard situations, i.e., when the trunk release by NHTSA during vehicle crash testing. should not apply to front luggage mechanism is actuated, the release NHTSA’s Response—NHTSA agrees compartments which are subject to the mechanism must completely release the that an internal release mechanism secondary latch requirement of FMVSS trunk lid from all latching positions of should not be required to open No. 113. FMVSS No. 113 requires each the trunk lid latch. • compartments that are so small that hood to have a hood latch system. S4.2 Hinged Back Doors—Ford Motor children or adults cannot get into them. of FMVSS No. 113 requires vehicles Company recommended that the NHTSA also agrees with the suggestion with front opening hoods (such as those Standard specifically exclude hinged to determine the appropriate size based found on the Porsche 911 and Boxster) back doors, such as those found on the on the dimensions of a child three years to be provided with a second latch rear of vans, SUVs, hatchbacks, and of age. In order to make such a position on the hood latch system or station wagons, from the requirement determination objective, NHTSA has with a second hood latch system. The for an internal trunk release mechanism. decided to use the NHTSA three-year- purpose of the FMVSS No. 113 Ford noted that hinged back doors, as old Hybrid III child crash test dummy, requirement is to prevent the hood from defined in FMVSS No. 206, require as a surrogate for the minimum size of flying open while the vehicle is in latches with both primary and a child that might find itself within the operation and obstructing the driver’s secondary latch positions. Ford further trunk space. This dummy represents an forward view through the windshield. stated that an internal trunk release objective and practicable surrogate with Porsche states in its comments on the mechanism on hinged back doors would clearly defined parameters for the NPRM, ‘‘While it is conceivable that a directly conflict with the requirements average-size, or 50th percentile, 3-year- very small child could become of S4.4.2 of Standard No. 206 which old male child. If the compartment entrapped in a front luggage states, ‘‘When the locking mechanism is closed by the trunk lid is large enough compartment, we believe that the risk of engaged, both the inside and outside to close and latch the trunk lid when a injuring the driver, passengers and other door handles or other latch release Part 572—Anthropomorphic Test motorist in the event the front hood is controls shall be inoperative.’’ Ford Devices, Subpart C—3-Year Old Child is opened during vehicle operation far argues that providing an internal trunk placed inside the trunk compartment, exceeds the potential benefits to be release mechanism on a hinged back then that vehicle must be equipped with derived from providing the trunk door also introduces the possibility of a release mechanism inside the trunk release.’’ Porsche and AIAM further unintended actuation by a child while compartment that unlatches the trunk stated that since the application of the vehicle is in motion. Accordingly, lid. Such an evaluation must be FMVSS No. 401 to compartments with this may actually create a greater risk to conducted with all standard equipment front-opening hoods directly conflicts child safety.

VerDate 112000 14:52 Oct 19, 2000 Jkt 194001 PO 00000 Frm 00028 Fmt 4700 Sfmt 4700 E:\FR\FM\20OCR1.SGM pfrm02 PsN: 20OCR1 Federal Register / Vol. 65, No. 204 / Friday, October 20, 2000 / Rules and Regulations 63019

NHTSA’s Response—Contrary to These manufacturers also stated that, in the trunk and would automatically Ford’s assertions, S3 of Standard No. if the final rule applies to non-passenger unlatch the trunk lid, NHTSA concurs 206 expressly provides that the term cars and depending on the definition of with the recommendation to modify the ‘‘back door’’ does not include a ‘‘trunk ‘‘trunk lid,’’ additional leadtime would text of S4 such that the illumination lid.’’ Thus, the requirements in S4.4.2 of be required, because it is not possible to requirement applied to ‘‘manually- Standard No. 206 only apply if the estimate the time necessary to redesign activated’’ systems. The text of S4, movable panel is not a trunk lid, and the latch systems and vehicles until they Requirements, has been modified such requirements in this standard only know which additional vehicles will be that the illumination requirement is apply if the movable panel is a trunk affected. applicable to cars equipped with a lid. Thus, there is no conflict along the NHTSA’s Response—As noted above, release system which requires actuation lines Ford suggested. the Standard will apply to passenger by the trapped occupant. • Leadtime—Some vehicle cars only. NHTSA understands that the Additionally, to assure that automatic manufacturers stated that an proposed effective date for this Standard systems exist in a manner consistent engineering solution for an inside-the- of January 1, 2001 might have with the intent of this rulemaking, a trunk release mechanism is easier to represented a challenge to some requirement has been added regarding implement for some model lines than manufacturers because of the need to the performance of these systems. These for other model lines. Issues involving develop design solutions and modify systems must open the trunk lid within design, testing (component, system, production systems as required for the the first five minutes of an entrapment system installation in vehicles during of a human being. We believe that this complete vehicle), and quality assembly. At the same time, the agency requirement will assure that the time of assurance (including tolerance ‘‘stack- does not believe that designing and entrapment is sufficiently short that up’’), have an effect upon their ability to installing an internal trunk release interior trunk temperature and heat will meet the proposed effective date for all mechanism presents a major not cause a health crisis to entrapped affected model lines. They stated that engineering and installation challenge persons. Thus, the text of S4, production tooling needs to be to vehicle manufacturers. One reason for Requirements, has been modified to designed, built, and tested in order to this belief is that the requirements in the have a subsection for manual releases ensure that these systems are final rule follow closely the June 1998 and a subsection for automatic releases. manufactured in accordance with strict recommendations of the Expert Panel. • Other Comments—The quality control. As a solution is needed Another is that some manufacturers organizations of Trunk Release Urgently for already-existing (in-production) and began installing an emergency trunk Needed Coalition (TRUNC), the Center multiple model lines, each trunk release release as standard equipment on a for Auto Safety (CAS), and some other system must be designed differently in range of vehicles at the beginning of this responders to the NPRM recommended order to interface with its corresponding calendar year. that NHTSA mandate retrofit kits for in- trunk latch system. Thus, some NHTSA has decided on an effective use vehicles. TRUNC urged NHTSA to manufacturers argued that certain model date for this Standard on September 1, mandate that retrofit kits be made lines will need more time than a January 2001. This will provide a leadtime of available for all vehicles with trunks 1, 2001 effective date in order to approximately one year from the date of that have been manufactured for the accomplish the above engineering issuance of this final rule. This effective past 10 years. activities. Volvo Cars of North America, date will require manufacturers to finish One manufacturer asked if the agency Inc., and Ford Motor Company any remaining design and production would permit a special ‘‘valet’’ key requested that a phase-in schedule be decision quickly, but allow them feature that could mechanically block promulgated by NHTSA and that all sufficient time to implement the out the internal trunk latch release affected vehicles be required to comply changes at the start of a new model year. system. This ‘‘special valet key’’ allows 18 months following enactment of the • Technology Limiting—In S.4 of the the owner to mechanically override the Final Rule, i.e., 60% of affected vehicles proposed Standard, NHTSA is requiring electronic locking system of the vehicles be required to comply starting 12 that manufacturers provide some form and thus prevent anyone from accessing months following enactment of the of illumination so that trapped the trunk or its contents, even with the Final Rule, and 100% 6 months occupants can locate the release remote transmitter, should the owner be thereafter. American Honda Motor Co., mechanism. According to commenters, required to turn his vehicle over to a Inc.; BMW of North America, Inc.; and this requirement suggest that the agency valet or parking attendant. As noted Volkswagen of North America, Inc., all incorrectly assumed that all earlier, this feature mechanically blocks recommended a phase-in period with a manufacturers will rely solely on out the internal trunk latch. start date no earlier than September 1, handles or other mechanical type NHTSA’s Response—While NHTSA 2001, assuming a Final Rule publication devices which require actuation by the has the authority to issue requirements date in the July/September 2000 time- trapped occupant. As there are other regulating the performance of frame. Honda recommended a more advanced concepts imaginable aftermarket equipment for use or completion date of September 1, 2002. (e.g., system using heat and motion installation in new or used vehicles, the Porsche Cars North America, Inc., stated sensors to unlatch the trunk lid), agency cannot mandate manufacturing that it will not be until the 2003 model NHTSA should modify S.4 to specify of particular types of equipment. Thus, year that it will be able to begin that the illumination requirement while the agency could regulate the introducing internal trunk release applies only to mechanical type handle performance of retrofit interior trunk systems into production vehicles. The systems which require actuation by the releases, it could not mandate that they Association of International Automobile trapped occupant. be manufactured or made available to Manufacturers (AIAM) recommended an NHTSA’s Response—Because some the public. With regards to the ‘‘special extension to the effective date of the manufacturers may decide to use more valet key feature’’ that could override Standard with an implementation advanced technology than a system that the lock release system inside of the schedule of 40%, 70% and 100% phase- requires actuation by the trapped trunk of the vehicle, NHTSA will not in, respectively, of model years 2003, occupant, i.e., a passive device which permit such a feature. The convenience 2004, and 2005. would detect the presence of a human of assured trunk security is not

VerDate 112000 14:52 Oct 19, 2000 Jkt 194001 PO 00000 Frm 00029 Fmt 4700 Sfmt 4700 E:\FR\FM\20OCR1.SGM pfrm02 PsN: 20OCR1 63020 Federal Register / Vol. 65, No. 204 / Friday, October 20, 2000 / Rules and Regulations compelling enough to justify overriding $2.00). Based on this analysis, I certify f. National Environmental Policy Act this safety feature. The special valet key that this final rule will not have a NHTSA has analyzed this rulemaking feature could also be used by criminals significant economic impact on a action for the purposes of the National to keep their victim locked in the trunk. substantial number of small entities. Environmental Policy Act. The agency Organization Within Federal Motor c. Executive Order 13132 (Federalism) has determined that adoption of this Vehicle Safety Standards rulemaking action as a final rule will This rulemaking action has been NHTSA has typically organized its not have any significant impact on the analyzed in accordance with the safety standards so that the 100 series of quality of the human environment. principles and criteria contained in standards represents the crash Executive Order 13132. This rule will g. Executive Order 12778 (Civil Justice avoidance standards (those designed to Reform) reduce the likelihood of being in a not have a substantial direct effect on crash), the 200 series of standards States, on the relationship between the This rule does not have any represents the crashworthiness national government and the States, or retroactive effect. Under section 49 standards (those designed to protect the on the distribution of power and U.S.C. 30103, whenever a Federal motor occupant in the event of a crash), and responsibilities among the various vehicle safety standard is in effect, a the 300 series of standards represents levels of government, as specified in state may not adopt or maintain a safety the post-crash fire standards (those Executive Order 13132. Accordingly, standard applicable to the same aspect designed to minimize the likelihood of NHTSA has determined that this rule of performance which is not identical to a fire after a crash). A standard for an will not have sufficient federalism the Federal standard, except to the internal trunk release doesn’t fit into implications to warrant consultation extent that the state requirement any of these categories because there is with State and local officials or the imposes a higher level of performance no crash associated with the problem of preparation of a Federalism Assessment. and applies only to vehicles procured becoming trapped inside a locked trunk. Accordingly, a Federalism Assessment for the State’s use. 49 U.S.C. 30161 sets Therefore, we have decided to establish has not been prepared. forth a procedure for judicial review of a new series of standards, the 400 series, final rules establishing, amending or that will be dedicated to motor vehicle d. Unfunded Mandates Reform Act revoking Federal motor vehicle safety standards. That section does not require injury prevention in non-crash events. The Unfunded Mandates Reform Act submission of a petition for This standard for internal trunk releases of 1995 (Pub. L. 104–4) requires reconsideration or other administrative will therefore be Standard No. 401. agencies to prepare a written assessment proceedings before parties may file suit Rulemaking Analyses and Notices of the costs, benefits and other effects of in court. proposed or final rules that include a a. Executive Order 12866 (Regulatory Federal mandate likely to result in the h. Paperwork Reduction Act Planning and Review) and DOT expenditure by State, local or tribal Regulatory Policies and Procedures This rule does not have any governments, in the aggregate, or by the requirements that are considered to be This rulemaking document was not private sector, of more than $100 information collection requirements as reviewed under Executive Order 12866. million annually. This rule would not defined by the Office of Management It is not significant within the meaning have any such impacts on those parties. and Budget (OMB) in 5 CFR Part 1320. of the DOT Regulatory Policies and As noted above, the agency expects the Procedures. Information indicates that costs associated with this rule to be List of Subjects in 49 CFR Part 571 an approach to internal trunk releases about $2.00 per car, or about $14 Imports, Incorporation by reference, such as Ford’s can be implemented for million in the aggregate. about $2.00 per vehicle. Thus, we Motor vehicle safety, Reporting and anticipate total costs of about $14 e. National Technology Transfer and recordkeeping requirements, Tires. million. This impact is so minimal as to Advancement Act In consideration of the foregoing, not warrant the preparation of a full NHTSA amends 49 CFR Chapter V as This rule is consistent with the regulatory evaluation. set forth below. National Technology Transfer and b. Regulatory Flexibility Act Advancement Act of 1995 (Pub. L. 104– PART 571ÐFEDERAL MOTOR Pursuant to the Regulatory Flexibility 113). Under the Act, ‘‘all Federal VEHICLE SAFETY STANDARDS Act, whenever an agency is required to agencies and departments shall use publish a notice of rulemaking for any technical standards that are developed 1. The authority citation for Part 571 proposed or final rule, it must prepare or adopted by voluntary consensus continues to read as follows: and make available for public comment standards bodies, using such technical Authority: 49 U.S.C. 322, 30111, 30115, a regulatory flexibility analysis that standards as a means to carry out policy 30166 and 30177; delegation of authority at describes the effect of the rule on small objectives or activities determined by 49 CFR 1.50. entities (i.e., small business, small the agencies and departments.’’ There 2. A new section 571.401 is added to organizations and small governmental are no such standards available at this Part 571, to read as follows: jurisdictions). However, no regulatory time. However, one of the Expert Panel’s flexibility analysis is required if the recommendations was that the Society § 571.401 Standard No. 401; Internal trunk head of an agency certifies the rule will of Automotive Engineers (SAE) should release. not have a significant economic impact begin work to develop a recommended S1. Purpose and scope. This standard on a substantial number of small practice for the design and performance establishes the requirement for entities. As noted above, we estimate of trunk safety features, including providing a trunk release mechanism that the cost per passenger car this final internal trunk release mechanisms. that makes it possible for a person rule will be about $2.00. The total cost NHTSA will consider any such SAE trapped inside the trunk compartment for all passenger cars will be about $14 recommended practice when it becomes of a passenger car to escape from the million (7 million passenger cars x available. compartment.

VerDate 112000 14:52 Oct 19, 2000 Jkt 194001 PO 00000 Frm 00030 Fmt 4700 Sfmt 4700 E:\FR\FM\20OCR1.SGM pfrm02 PsN: 20OCR1 Federal Register / Vol. 65, No. 204 / Friday, October 20, 2000 / Rules and Regulations 63021

S2. Application. This standard DEPARTMENT OF COMMERCE a separate reserve), after considering the applies to passenger cars that have a following factors: (1) The usefulness of trunk compartment. National Oceanic and Atmospheric information obtained from catches in Administration S3. Definitions. the particular category for biological sampling and monitoring of the status of Trunk compartment means a space 50 CFR Part 635 the stock; (2) the catches of the that: [I.D. 101300B] particular category quota to date and the (a) Is intended to be used for carrying likelihood of closure of that segment of luggage, Atlantic Highly Migratory Species the fishery if no allocation is made; (3) the projected ability of the vessels (b) Is wholly separated from the Fisheries; Atlantic Bluefin Tuna fishing under the particular category occupant compartment of a passenger AGENCY: National Marine Fisheries quota to harvest the additional amount car by a permanently attached partition Service (NMFS), National Oceanic and of BFT before the end of the fishing or by a fixed or fold-down seat back Atmospheric Administration (NOAA), year; (4) the estimated amounts by and/or partition, Commerce. which quotas established for other gear (c) Has a trunk lid, and ACTION: Inseason transfer. segments of the fishery might be (d) Is large enough so that the three- exceeded; (5) effects of the transfer on SUMMARY: NMFS adjusts the October- BFT rebuilding and overfishing; and (6) year-old child dummy described in December subquota for the General effects of the transfer on accomplishing Subpart C of Part 572 can be placed category Atlantic bluefin tuna (BFT) the objectives of the HMS FMP. inside the trunk compartment and, with fishery by transferring 25 metric tons NMFS is also authorized under 50 the test dummy in the trunk (mt) from the Reserve, 15 mt from the CFR 635.27(a)(8) to transfer quotas compartment, the trunk lid can be Longline North subcategory quota, and among categories, or, as appropriate, closed and latched. (Note: For purposes 60 mt from the Angling category (large subcategories, of the fishery. If it is of this standard, the Part 572 Subpart C school size class for the northern area), determined, based on the factors listed test dummy need not be equipped with for a revised coastwide General category here and the probability of exceeding the accelerometers specified in Part subquota of approximately 264.4 mt for the total quota, that vessels fishing 572.21.) October-December, including addition under any category or subcategory quota Trunk lid means a movable body of underharvest from the previous time are not likely to take that quota, NMFS panel that provides access from outside periods. These actions are being taken to may transfer inseason any portion of the a motor vehicle to a trunk compartment. allow for maximum utilization of the remaining quota of that fishing category U.S. landings quota of BFT while to any other fishing category or to the S4. Requirements. maintaining a fair distribution of fishing reserve. S4.1 Each passenger car with a trunk opportunities, preventing overharvest of Quota Adjustments compartment must have an automatic or the adjusted subquotas for the affected manual release mechanism inside the fishing categories, helping achieve Annual BFT quota specifications trunk compartment that unlatches the optimum yield in the General category issued under § 635.27 provide for a quota of 634.3 mt of large medium and trunk lid. fishery, and allowing the collection of a broad range of data for stock monitoring giant BFT to be harvested from the S4.2(a) Each manual release purposes, consistent with the objectives regulatory area by vessels fishing under mechanism installed pursuant to S4.1 of of the Fishery Management Plan for the General category quota during the this section must include a feature, like Atlantic Tunas, Swordfish, and Sharks 2000 fishing year. The General category lighting or phosphorescence, that allows (HMS FMP). BFT quota is further subdivided into the release mechanism to be easily seen time period subquotas to provide for DATES: Effective October 17, 2000 until inside the closed trunk. broad temporal and geographic December 31, 2000. distribution of scientific data collection (b) Each automatic release mechanism FOR FURTHER INFORMATION CONTACT: Pat installed pursuant to S4.1 of this section and fishing opportunities. The October- Scida, 978-281-9208. December subquota was initially set at must unlatch the trunk lid within 5 SUPPLEMENTARY INFORMATION: 62.4 mt for the 2000 fishing year, and minutes of when the lid is closed with Regulations implemented under the is currently 164.4 mt, after the addition a person inside the trunk compartment. authority of the Atlantic Tunas of approximately 102 mt of unharvested S4.3 Actuation of each release Convention Act (16 U.S.C. 971 et seq.) subquota from previous periods. As of mechanism required by S4.1 of this and the Magnuson-Stevens Fishery October 10, 2000, General category section must completely release the Conservation and Management Act (16 landings against this adjusted October- trunk lid from all latching positions of U.S.C. 1801 et seq.) governing the December subquota have totaled the trunk lid latch, notwithstanding the harvest of BFT by persons and vessels approximately 79 mt, reducing the requirements of any other standards in subject to U.S. jurisdiction are found at available quota for the remainder of the part 571 of this title. 50 CFR part 635. Section 635.27 season to 85.4 mt. An additional 10 mt subdivides the U.S. BFT quota has been set aside for the traditional fall Issued on October 17, 2000. recommended by the International New York Bight fishery. Sue Bailey, Commission for the Conservation of After considering the factors for Administrator. Atlantic Tunas among the various making transfers between categories and [FR Doc. 00–27038 Filed 10–17–00; 5:01 pm] domestic fishing categories. from the Reserve, NMFS has determined BILLING CODE 4910±59±P Under the implementing regulations that 25 mt of the remaining 34.4 mt of at 50 CFR 635.27 (a)(7), NMFS has the Reserve should be transferred to the authority to allocate any portion of the General category. In addition, NMFS has Reserve to any category quota in the determined that 15 mt of the remaining fishery, other than the Angling category Longline North subcategory quota of school BFT subquota (for which there is approximately 26 mt should be

VerDate 112000 14:52 Oct 19, 2000 Jkt 194001 PO 00000 Frm 00031 Fmt 4700 Sfmt 4700 E:\FR\FM\20OCR1.SGM pfrm02 PsN: 20OCR1 63022 Federal Register / Vol. 65, No. 204 / Friday, October 20, 2000 / Rules and Regulations transferred to the General category. be closed and NMFS will take action to the status of the fishery before leaving Finally, NMFS has determined that 60 reopen the New York Bight fishery. for a fishing trip. mt of the remaining Angling North large Announcement of the closure will be Classification school/small medium subcategory quota filed with the Office of the Federal of approximately 161.1 mt should be Register, stating the effective date of This action is taken under 50 CFR transferred to the General category. closure, and further communicated 635.27 and is exempt from review under Thus, a total of 100 mt is transferred to through the Highly Migratory Species Executive Order 12866. the General category for an adjusted Fax Network, the Atlantic Tunas Authority: 16 U.S.C. 971 et seq. and 1801 annual quota of 734.3 mt (including the Information Line, NOAA weather radio, et seq. 10 mt New York Bight set-aside). The and Coast Guard Notice to Mariners. adjusted subquota for the coastwide Dated: October 17, 2000. Although notification of closure will be General category fishery for the October- Bruce C. Morehead, provided as far in advance as possible, December period is 264.4 mt. Acting Director, Office of Sustainable Once the General category subquota fishermen are encouraged to call the Fisheries, National Marine Fisheries Service. for the October-December period has Atlantic Tunas Information Line at (888) [FR Doc. 00–27053 Filed 10–17–00; 4:17 pm] been attained, the coastwide fishery will USA-TUNA or (978) 281-9305, to check BILLING CODE 3510±22±S

VerDate 112000 14:52 Oct 19, 2000 Jkt 194001 PO 00000 Frm 00032 Fmt 4700 Sfmt 4700 E:\FR\FM\20OCR1.SGM pfrm02 PsN: 20OCR1 63023

Proposed Rules Federal Register Vol. 65, No. 204

Friday, October 20, 2000

This section of the FEDERAL REGISTER [email protected]. Comments concerned with the substance of this contains notices to the public of the proposed sent via fax or the Internet must contain proposal will be filed in the Rules issuance of rules and regulations. The ‘‘Docket No. 99–NM–250–AD’’ in the Docket. purpose of these notices is to give interested subject line and need not be submitted Commenters wishing the FAA to persons an opportunity to participate in the in triplicate. Comments sent via the rule making prior to the adoption of the final acknowledge receipt of their comments rules. Internet as attached electronic files must submitted in response to this notice be formatted in Microsoft Word 97 for must submit a self-addressed, stamped Windows or ASCII text. postcard on which the following DEPARTMENT OF TRANSPORTATION The service information referenced in statement is made: ‘‘Comments to the proposed rule may be obtained from Docket Number 99–NM–250–AD.’’ The Federal Aviation Administration British Aerospace Regional Aircraft postcard will be date stamped and American Support, 13850 Mclearen returned to the commenter. 14 CFR Part 39 Road, Herndon, Virginia 20171. This Availability of NPRMs [Docket No. 99±NM±250±AD] information may be examined at the FAA, Transport Airplane Directorate, Any person may obtain a copy of this RIN 2120±AA64 1601 Lind Avenue, SW., Renton, NPRM by submitting a request to the Washington. FAA, Transport Airplane Directorate, Airworthiness Directives; British FOR FURTHER INFORMATION CONTACT: ANM–114, Attention: Rules Docket No. Aerospace (Jetstream) Model 4101 99–NM–250–AD, 1601 Lind Avenue, Airplanes Norman B. Martenson, Manager, International Branch, ANM–116, FAA, SW., Renton, Washington 98055–4056. AGENCY: Federal Aviation Transport Airplane Directorate, 1601 Discussion Administration, DOT. Lind Avenue, SW., Renton, Washington ACTION: Notice of proposed rulemaking 98055–4056; telephone (425) 227–2110; The Civil Aviation Authority (CAA), (NPRM). fax (425) 227–1149. which is the airworthiness authority for the United Kingdom, has notified the SUPPLEMENTARY INFORMATION: SUMMARY: This document proposes the FAA that a revision to Section 05–10– adoption of a new airworthiness Comments Invited 10, ‘‘Airworthiness Limitations directive (AD) that is applicable to all Interested persons are invited to Description and Operation,’’ of the British Aerospace (Jetstream) Model participate in the making of the British Aerospace J41 Aircraft 4101 airplanes. This proposal would proposed rule by submitting such Maintenance Manual (AMM) has been require revising the Airworthiness written data, views, or arguments as issued. [The FAA refers to the Limitations Section of the Instructions they may desire. Communications shall information included in that section of for Continued Airworthiness to identify the Rules Docket number and the AMM as the Airworthiness incorporate life limits for certain items be submitted in triplicate to the address Limitations Section (ALS).] This revised and inspections to detect fatigue specified above. All communications section affects all British Aerospace cracking in certain structures. This received on or before the closing date (Jetstream) Model 4101 airplanes. The proposal is prompted by issuance of a for comments, specified above, will be section provides mandatory revision to the airworthiness limitations considered before taking action on the replacement times and structural of the British Aerospace J41 Aircraft proposed rule. The proposals contained inspection intervals approved under Maintenance Manual. The actions in this action may be changed in light section 25.571 of the Joint Aviation specified by the proposed AD are of the comments received. Requirements and the Federal Aviation intended to ensure that fatigue cracking Submit comments using the following Regulations (14 CFR 25.571). As of certain structural elements is detected format: airplanes gain service experience, or as and corrected; such fatigue cracking • Organize comments issue-by-issue. results of post-certification testing and could adversely affect the structural For example, discuss a request to evaluation are obtained, it may become integrity of these airplanes. change the compliance time and a necessary to add additional life limits or DATES: Comments must be received by request to change the service bulletin structural inspections to ensure the November 20, 2000. reference as two separate issues. continued structural integrity of the ADDRESSES: Submit comments in • For each issue, state what specific airplane. triplicate to the Federal Aviation change to the proposed AD is being The CAA advises that analysis of Administration (FAA), Transport requested. fatigue test data has revealed that Airplane Directorate, ANM–114, • Include justification (e.g., reasons or certain inspections must be performed Attention: Rules Docket No. 99–NM– data) for each request. at specific intervals to preclude fatigue 250–AD, 1601 Lind Avenue, SW., Comments are specifically invited on cracking in certain areas of the airplane. Renton, Washington 98055–4056. the overall regulatory, economic, In addition, the CAA advises that Comments may be inspected at this environmental, and energy aspects of certain life limits must be imposed for location between 9:00 a.m. and 3:00 the proposed rule. All comments various components on these airplanes p.m., Monday through Friday, except submitted will be available, both before to preclude the onset of fatigue cracking Federal holidays. Comments may be and after the closing date for comments, in those components. Such fatigue submitted via fax to (425) 227–1232. in the Rules Docket for examination by cracking, if not corrected, could Comments may also be sent via the interested persons. A report adversely affect the structural integrity Internet using the following address: 9- summarizing each FAA-public contact of these airplanes.

VerDate 112000 15:36 Oct 19, 2000 Jkt 194001 PO 00000 Frm 00001 Fmt 4702 Sfmt 4702 E:\FR\FM\20OCP1.SGM pfrm08 PsN: 20OCP1 63024 Federal Register / Vol. 65, No. 204 / Friday, October 20, 2000 / Proposed Rules

Explanation of Relevant Service equipment and various components that certification or by AD, in one place Information are specified in the previously within the operator’s maintenance British Aerospace has issued a referenced maintenance document. program, thereby reducing the risk of revision to Section 05–10–10, Explanation of Action Taken by the non-compliance because of oversight or ‘‘Airworthiness Limitations Description FAA confusion. and Operation,’’ dated July 15, 1999, of In accordance with airworthiness Cost Impact the British Aerospace J41 Aircraft standards requiring ‘‘damage tolerance Maintenance Manual (AMM). This assessments’’ for transport category The FAA estimates that 59 airplanes revised section of the AMM describes airplanes [§ 25.1529 of the Federal of U.S. registry would be affected by this airworthiness limitations and Aviation Regulations (14 CFR 25.1529), proposed AD, that it would take mandatory life limits for the main and the Appendices referenced in that approximately 1 work hour per airplane landing gear, nose landing gear, fuel section], all products certificated to to accomplish the proposed actions, and system, flap control system, and main comply with that section must have that the average labor rate is $60 per baggage bay door. The section also Instructions for Continued work hour. Based on these figures, the describes new inspections and Airworthiness (or, for some products, cost impact of the proposed AD on U.S. compliance times for inspection and maintenance manuals) that include an operators is estimated to be $3,540, or replacement actions. Accomplishment ALS. That section must set forth: $60 per airplane. of those actions will preclude the onset • Mandatory replacement times for The cost impact figure discussed of fatigue cracking of certain structural structural components, above is based on assumptions that no elements of the airplane. • Structural inspection intervals, and operator has yet accomplished any of • The CAA has approved Section 05– Related approved structural the proposed requirements of this AD 10–10 of the AMM to assure the inspection procedures necessary to action, and that no operator would continued airworthiness of these show compliance with the damage- accomplish those actions in the future if airplanes in the United Kingdom. The tolerance requirements. this AD were not adopted. CAA has not issued a corresponding Compliance with the terms specified airworthiness directive, although in the ALS is required by sections 43.16 Regulatory Impact accomplishment of the additional life (for persons maintaining products) and limits and structural inspections 91.403 (for operators) of the Federal The regulations proposed herein contained in the AMM may be Aviation Regulations (14 CFR 43.16 and would not have a substantial direct considered mandatory for operators of 91.403). effect on the States, on the relationship these airplanes in the United Kingdom. In order to require compliance with between the national Government and these inspection intervals and life the States, or on the distribution of FAA’s Conclusions limits, the FAA must engage in power and responsibilities among the The FAA has reviewed the revision to rulemaking, namely the issuance of an various levels of government. Therefore, Section 05–10–10 of the AMM and all AD. For products certificated to comply it is determined that this proposal available information, and determined with the referenced part 25 would not have federalism implications that AD action is necessary for products requirements, it is within the authority under Executive Order 13132. of this type design that are certificated of the FAA to issue an AD requiring a For the reasons discussed above, I for operation in the United States. revision to the ALS that includes certify that this proposed regulation (1) Pursuant to the bilateral airworthiness reduced life limits, or new or different is not a ‘‘significant regulatory action’’ agreement, the CAA has kept the FAA structural inspection requirements. under Executive Order 12866; (2) is not informed of the situation described These revisions then are mandatory for a ‘‘significant rule’’ under the DOT above. This airplane model is operators under § 91.403(c) of the Regulatory Policies and Procedures (44 manufactured in the United Kingdom Federal Aviation Regulations (14 CFR FR 11034, February 26, 1979); and (3) if and is type certificated for operation in 91.403), which prohibits operation of an promulgated, will not have a significant the United States under the provisions airplane for which airworthiness economic impact, positive or negative, of § 21.29 of the Federal Aviation limitations have been issued unless the on a substantial number of small entities Regulations (14 CFR 21.29) and the inspection intervals specified in those under the criteria of the Regulatory applicable bilateral airworthiness limitations have been complied with. Flexibility Act. A copy of the draft agreement. The FAA has determined After that document is revised, as regulatory evaluation prepared for this that the revision to Section 05–10–10 of required, and the AD has been fully action is contained in the Rules Docket. the AMM must be incorporated into the complied with, the life limit or A copy of it may be obtained by Airworthiness Limitations Section structural inspection change remains contacting the Rules Docket at the (ALS) of the Instructions for Continued enforceable as a part of the location provided under the caption Airworthiness. airworthiness limitations. (This is ADDRESSES. analogous to AD’s that require changes Explanation of Requirements of to the Limitations Section of the List of Subjects in 14 CFR Part 39 Proposed Rule Airplane Flight Manual.) Since an unsafe condition has been Requiring a revision of the Air transportation, Aircraft, Aviation identified that is likely to exist or airworthiness limitations, rather than safety, Safety. develop on other airplanes of the same requiring individual inspections, is The Proposed Amendment type design registered in the United advantageous for operators because it States, the proposed AD would require allows them to record AD compliance Accordingly, pursuant to the a revision to the ALS of the Instructions status only once—at the time they make authority delegated to me by the for Continued Airworthiness to the revision—rather than after every Administrator, the Federal Aviation incorporate inspections to detect fatigue inspection. It also has the advantage of Administration proposes to amend part cracking of certain Significant Structural keeping all airworthiness limitations, 39 of the Federal Aviation Regulations Items and to revise life limits for certain whether imposed by original (14 CFR part 39) as follows:

VerDate 112000 15:36 Oct 19, 2000 Jkt 194001 PO 00000 Frm 00002 Fmt 4702 Sfmt 4702 E:\FR\FM\20OCP1.SGM pfrm08 PsN: 20OCP1 Federal Register / Vol. 65, No. 204 / Friday, October 20, 2000 / Proposed Rules 63025

PART 39ÐAIRWORTHINESS Special Flight Permits Service Building, 1111 Constitution DIRECTIVES (d) Special flight permits may be issued in Avenue, NW., Washington, DC. accordance with §§ 21.197 and 21.199 of the FOR FURTHER INFORMATION CONTACT: 1. The authority citation for part 39 Federal Aviation Regulations (14 CFR 21.197 continues to read as follows: Concerning the proposed regulations, and 21.199) to operate the airplane to a Mary A. Berman, (202) 622–3090; Authority: 49 U.S.C. 106(g), 40113, 44701. location where the requirements of this AD can be accomplished. concerning submissions of comments, § 39.13 [Amended] the hearing, and/or to be placed on the Issued in Renton, Washington, on October 2. Section 39.13 is amended by building access list to attend the 16, 2000. hearing, LaNita Van Dyke, (202) 622– adding the following new airworthiness Donald L. Riggin, directive: 7180 (not toll-free numbers). Acting Manager, Transport Airplane SUPPLEMENTARY INFORMATION: British Aerospace Regional Aircraft Directorate, Aircraft Certification Service. [Formerly Jetstream Aircraft Limited; [FR Doc. 00–27052 Filed 10–19–00; 8:45 am] Paperwork Reduction Act British Aerospace (Commercial Aircraft) BILLING CODE 4910±13±P Limited: Docket 99–NM–250–AD. The collection of information Applicability: All Model Jetstream 4101 contained in this notice of proposed airplanes, certificated in any category. rulemaking has been submitted to the DEPARTMENT OF THE TREASURY Note 1: This AD applies to each airplane Office of Management and Budget for review in accordance with the identified in the preceding applicability Internal Revenue Service provision, regardless of whether it has been Paperwork Reduction Act of 1995 (44 modified, altered, or repaired in the area U.S.C. 3507(d)). Comments on the subject to the requirements of this AD. For 26 CFR Part 20 collection of information should be sent airplanes that have been modified, altered, or [REG±106511±00] to the Office of Management and repaired so that the performance of the Budget, Attn: Desk Officer for the requirements of this AD is affected, the RIN 1545±AX98 Department of the Treasury, Office of owner/operator must request approval for an Information and Regulatory Affairs, alternative method of compliance in Estate Tax Returns; Form 706, accordance with paragraph (c) of this AD. Extension to File Washington, DC 20503, with copies to The request should include an assessment of the Internal Revenue Service, Attn: IRS the effect of the modification, alteration, or AGENCY: Internal Revenue Service (IRS), Reports Clearance Officer, OP:FS:FP, repair on the unsafe condition addressed by Treasury. Washington, DC 20224. Comments on this AD; and, if the unsafe condition has not ACTION: Notice of proposed rulemaking the collection of information should be been eliminated, the request should include and notice of public hearing. received by December 19, 2000. specific proposed actions to address it. Comments are specifically requested Compliance: Required as indicated, unless SUMMARY: This document contains concerning: accomplished previously. To ensure proposed regulations relating to the Whether the proposed collection of continued structural integrity of these filing of an application for an automatic information is necessary for the proper airplanes, accomplish the following: 6-month extension of time to file an performance of the functions of the Airworthiness Limitations Revision estate tax return (Form 706). The Internal Revenue Service, including proposed regulations provide guidance (a) Within 30 days after the effective date whether the information will have of this AD, revise the Airworthiness to executors of decedents’ estates on practical utility; Limitations Section (ALS) of the Instructions how to properly file the application for The accuracy of the estimated burden for Continued Airworthiness by the automatic extension. This document associated with the proposed collection incorporating Section 05–10–10, also provides notice of a public hearing of information (see below); ‘‘Airworthiness Limitations Description and on these proposed regulations. How the quality, utility, and clarity of Operation,’’ dated July 15, 1999, of the DATES: Written and electronic comments the information to be collected may be British Aerospace J41 Aircraft Maintenance must be received by January 18, 2001. Manual (AMM) into the ALS. enhanced; (b) Except as provided by paragraph (c) of Outlines of topics to be discussed at the How the burden of complying with this AD: After the actions specified in public hearing scheduled for January 24, the proposed collection of information paragraph (a) of this AD have been 2001, at 10 a.m., must be received by may be minimized, including through accomplished, no alternative inspections or January 3, 2001. the application of automated collection inspection intervals may be approved for the ADDRESSES: Send submissions to: techniques or other forms of information structural elements specified in the CC:M&SP:RU (REG–106511–00), room technology; and document listed in paragraph (a) of this AD. 5226, Internal Revenue Service, POB Estimates of capital or start-up costs Alternative Methods of Compliance 7604, Ben Franklin Station, Washington, and costs of operation, maintenance, (c) An alternative method of compliance or DC 20044. Submissions may also be and purchase of service to provide adjustment of the compliance time that hand delivered Monday through Friday information. provides an acceptable level of safety may be between the hours of 8 a.m. and 5 p.m. The collection of information in this used if approved by the Manager, to: CC:M&SP:RU (REG–106511–00), proposed regulation is in § 20.6081– International Branch, ANM–116, FAA, Courier’s Desk, Internal Revenue 1(b). To receive an extension of time to Transport Airplane Directorate. Operators Service, 1111 Constitution Avenue, file an estate tax return, the executor of shall submit their requests through an NW., Washington, DC. Alternatively, a decedent’s estate must file Form 4768, appropriate FAA Principal Maintenance taxpayers may submit comments ‘‘Application for Extension of Time To Inspector, who may add comments and then send it to the Manager, International Branch, electronically via the internet by File a Return and/or Pay U.S. Estate ANM–116. selecting the ‘‘Tax Regs’’ option on the (and Generation-Skipping Transfer) Note 2: Information concerning the IRS Home Page, or by submitting Taxes.’’ This information is required to comments directly to the IRS internet obtain a benefit (an automatic 6-month existence of approved alternative methods of l compliance with this AD, if any, may be site at http://www.irs.gov/tax regs/ extension of time to file an estate tax obtained from the International Branch, reglist.html. The public hearing will be return). The collection of information is ANM–116. held in Room 4716, Internal Revenue mandatory if the extension is requested.

VerDate 112000 15:36 Oct 19, 2000 Jkt 194001 PO 00000 Frm 00003 Fmt 4702 Sfmt 4702 E:\FR\FM\20OCP1.SGM pfrm08 PsN: 20OCP1 63026 Federal Register / Vol. 65, No. 204 / Friday, October 20, 2000 / Proposed Rules

The likely respondents are executors of Explanation of Provisions consideration will be given to any decedents’ estates. Under the proposed regulations the written (a signed original and eight (8) The reporting burden contained in executor of a decedent’s estate will be copies) or electronic comments that are § 20.6081–1(b) is reflected in the burden allowed an automatic 6-month submitted timely (in the manner of Form 4768, ‘‘Application for extension of time to file Form 706, described in ADDRESSES) to the IRS. Extension of Time To File a Return and/ ‘‘United States Estate (and Generation- Treasury and the IRS specifically or Pay U.S. Estate (and Generation- Skipping Transfer) Tax Return,’’ beyond request comments on the clarity of the Skipping Transfer) Taxes.’’ the 9 months provided for by section proposed regulations and how they can An agency may not conduct or 6075(a). The application for the be made easier to understand. All sponsor, and a person is not required to automatic extension must be submitted comments will be available for public respond to, a collection of information on Form 4768 (or in any other manner inspection and copying. unless it displays a valid control as may be prescribed by the A public hearing has been scheduled number assigned by the Office of Commissioner). The application must be for January 24, 2001, at 10 a.m. in Room Management and Budget. filed with the IRS on or before the date 4716, Internal Revenue Building, 1111 Books or records relating to a prescribed by section 6075(a) for filing Constitution Avenue, NW., Washington, collection of information must be the Form 706 and it must include an DC. Due to building security retained as long as their contents may estimate of the full amount of tax due. procedures, visitors must enter at the The automatic extension of time does become material in the administration 10th Street entrance, located between not apply to filers of Forms 706–A, 706– of any internal revenue law. Generally, Constitution and Pennsylvania D or 706–NA who will continue to use tax returns and tax information are Avenues, NW. In addition, all visitors Form 4768 to request extensions of time confidential, as required by 26 U.S.C. must present photo identification to 6103. to file and pay estate taxes. The automatic extension of time also does enter the building. Because of access Background not apply to filers of Form 706–QDT restrictions, visitors will not be admitted beyond the immediate In 1970, Congress amended section who will continue to request any extension of time as provided in the entrance area more than 15 minutes 6075(a) to provide that the Federal before the hearing starts. For estate tax return is to be filed within 9 instructions for Form 706–QDT. The proposed regulations continue to permit information about having your name months after the date of the decedent’s placed on the building access list to death. Section 6081(a) provides that the executors who are abroad to request attend the hearing, see the FOR FURTHER Secretary may grant a reasonable extensions beyond the automatic 6- INFORMATION CONTACT section of this extension of time for filing any return; month period. preamble. however, except in the case of taxpayers A return as complete as possible must who are abroad, no such extension may be filed before the expiration of the The rules of 26 CFR 601.601(a)(3) be for more than 6 months. automatic 6-month extension period. apply to the hearing. Persons that wish The return as filed will be the return to present oral comments at the hearing Under the current regulations, the required by section 6018(a)(1). An district director or the service center has must submit comments by January 3, extension of time for filing the return 2001, and submit an outline of the the discretion to grant an extension of does not operate to extend the time for time to file an estate tax return upon a topics to be discussed and the time to payment of the tax. be devoted to each topic (signed original showing of ‘‘good and sufficient cause.’’ The proposed regulations also revise Except in the case of executors who are and eight (8) copies) by January 3, 2001. § 20.6075–1 to conform to the changes A period of 10 minutes will be allotted abroad, the extension may not be proposed in § 20.6081–1. granted for more than 6 months. to each person for making comments. Requests for an extension of time to file Special Analysis An agenda showing the scheduling of are made by completing Form 4768, It has been determined that this notice the speakers will be prepared after the ‘‘Application for Extension of Time To of proposed rulemaking is not a deadline for receiving outlines has File a Return and/or Pay U.S. Estate significant regulatory action as defined passed. Copies of the agenda will be (and Generation-Skipping Transfer) in Executive Order 12866. Therefore, a available free of charge at the hearing. Taxes.’’ Upon receipt of a Form 4768, regulatory assessment is not required. It Drafting Information the IRS reviews the application, makes also has been determined that section a determination, and notifies the 553(b) of the Administrative Procedure The principal author of these applicant as to whether an extension is Act (5 U.S.C. chapter 5) does not apply proposed regulations is Mary A. approved and, if so, the length of the to these regulations, and because these Berman, Office of the Associate Chief extension. regulations do not impose a collection Counsel (Passthroughs and Special In 1998, 110,100 estate tax returns of information on small entities, the Industries), IRS. However, other were filed. In a significant number of Regulatory Flexibility Act (5 U.S.C. personnel from the IRS and Treasury these cases, the executors requested an chapter 6) does not apply. Therefore, a Department participated in their extension of time to file. A majority of Regulatory Flexibility Analysis is not development. the applications requested and received required. Pursuant to section 7805(f) of the maximum 6-month extension the Internal Revenue Code, the List of Subjects in 26 CFR Part 20 allowed by the statute and the regulations will be submitted to the Estate taxes, Reporting and regulations. The IRS and the Treasury Small Business Administration for recordkeeping requirements. Department believe that executors of comment on their impact on small decedents’ estates would benefit from business. Proposed Amendments to the the certainty created by an automatic 6- Regulations month extension of time to file Form Comments and Public Hearing 706 and that it is appropriate to provide Before these proposed regulations are Accordingly, 26 CFR part 20 is for the extension. adopted as final regulations, proposed to be amended as follows:

VerDate 112000 15:36 Oct 19, 2000 Jkt 194001 PO 00000 Frm 00004 Fmt 4702 Sfmt 4702 E:\FR\FM\20OCP1.SGM pfrm08 PsN: 20OCP1 Federal Register / Vol. 65, No. 204 / Friday, October 20, 2000 / Proposed Rules 63027

PART 20ÐESTATE TAX; ESTATES OF provided in paragraph (b) of this return required by section 6018(a), and DECEDENTS DYING AFTER AUGUST section, an extension of time for filing any tax shown on the return will be the 16, 1954 an estate tax return is not automatic and amount determined by the executor as is within the discretion of the Internal the tax referred to in section 6161(a)(2), Paragraph 1. The authority citation Revenue Service. Unless the person or the amount shown as the tax by the for part 20 is amended by adding an required to file the return is abroad, an taxpayer upon the taxpayer’s return entry in numerical order to read in part extension may not be granted for more referred to in section 6211(a)(1)(A). The as follows: than 6 months from the filing date return cannot be amended after the Authority: 26 U.S.C. 7805 * * * prescribed by statute. Requests for an expiration of the extension period Section 20.6081–1 also issued under extension of time for filing are made by although supplemental information may 26 U.S.C. 6081(a). * * * submitting Form 4768, ‘‘Application for subsequently be filed that may result in Par. 2. Section 20.6075–1 is revised to Extension of Time To File a Return and/ a finally determined tax different from read as follows: or Pay U.S. Estate (and Generation- the amount shown as the tax on the Skipping Transfer) Taxes.’’ The return. § 20.6075±1 Returns; time for filing estate application must contain a full recital of (d) Payment of the tax. An extension tax return. the causes for the delay. It should be of time for filing a return does not The estate tax return required by filed with the Internal Revenue Service operate to extend the time for payment section 6018 must be filed on or before office designated in the application’s of the tax. See § 20.6151–1 for the time the due date. The due date is the date instructions (except as provided in for payment of the tax, and §§ 20.6161– on or before which the return is § 301.6091–1(b) of this chapter for hand- 1 and 20.6163–1 for extensions of time required to be filed in accordance with carried documents). The application for payment of the tax. the provisions of section 6075(a) or the should, where possible, be filed (e) Effective date. This section applies last day of the period covered by an sufficiently early to permit the Internal to estates of decedents dying after extension of time as provided in Revenue Service time to consider the August 16, 1954, except for paragraph § 20.6081–1. The due date, for a matter and reply before what otherwise (b) of this section which applies to decedent dying after December 31, 1970, would be the due date of the return. estate tax returns due after the date is, unless an extension of time for filing Failure to file the application before the these regulations are published as a has been obtained, the day of the ninth expiration of the time within which the final regulation in the Federal Register. calendar month after the decedent’s return otherwise must be filed may death numerically corresponding to the indicate negligence and constitute Robert E. Wenzel, day of the calendar month on which sufficient cause for denial of the Deputy Commissioner of Internal Revenue. death occurred, except that, if there is extension. [FR Doc. 00–26942 Filed 10–19–00; 8:45 am] no numerically corresponding day in (b) Automatic extension—(1) BILLING CODE 4830±01±P such ninth month, the last day of the Application for extension. Executors ninth month is the due date. For who are required to file Form 706, example, if the decedent dies on July 31, ‘‘United States Estate (and Generation- ENVIRONMENTAL PROTECTION 2000, the estate tax return and tax Skipping Transfer) Tax Return,’’ may AGENCY payment must be made on or before request an automatic 6-month extension April 30, 2001. When the due date falls of time beyond the date prescribed in 40 CFR Parts 141 and 142 on Saturday, Sunday, or a legal holiday, section 6075(a) for filing the return by the due date for filing the return is the submitting Form 4768, ‘‘Application for [WH±FRL±6888±8] next succeeding day that is not Extension of Time To File a Return and/ RIN 2040±AB75 Saturday, Sunday, or a legal holiday. or Pay U. S. Estate (and Generation- For the definition of a legal holiday, see Skipping Transfer) Taxes.’’ An National Primary Drinking Water section 7503 and § 301.7503–1 of this automatic extension will be allowed if— Regulations; Arsenic and Clarifications chapter. As to additions to the tax in the (i) The application is filed on or to Compliance and New Source case of failure to file the return or pay before the date prescribed in section Contaminants Monitoring the tax within the prescribed time, see 6075(a) for filing the return; AGENCY: section 6651 and § 301.6651–1 of this (ii) The application is filed with the Environmental Protection chapter. For rules with respect to the Internal Revenue Service office Agency (EPA). right to elect to have the property designated in the application’s ACTION: Notice of data availability. valued as of a date or dates subsequent instructions (except as provided in SUMMARY: The Environmental Protection to the decedent’s death, see section 2032 § 301.6091–1(b) of this chapter for hand- Agency (EPA) proposed regulations for and § 20.2032–1, and section 7502 and carried documents); and arsenic in drinking water on June 22, § 301.7502–1 of this chapter. This (iii) The application includes an 2000 (65 FR 38888), and comments on section applies to estates of decedents estimate of the amount of estate and that action were due on September 20, dying after August 16, 1954. generation-skipping transfer tax liability Par. 3. Section 20.6081–1 is revised to with respect to the estate. 2000. Since that time, EPA has received read as follows: (2) Executors who are abroad. If an new risk information which the Agency executor who is abroad has received an is considering during the development § 20.6081±1 Extension of time for filing the automatic 6-month extension, the of the final regulation. This document return. executor may request an additional summarizes the new risk information (a) Extensions of time for good cause extension of time by following the received and analyzed by the Agency. In shown. Where it is impossible or procedures in paragraph (a) of this addition, this document makes available impracticable to file a reasonably section. the cost curves used to develop the costs complete return within the time (c) Filing the return. A return as published in the proposal. This prescribed by statute, the person complete as possible must be filed information does not change the overall required to file the return may request before the expiration of the extension technical approach for the proposal. an extension of time for filing. Except as period. The return thus filed will be the EPA is requesting comments on EPA’s

VerDate 112000 15:36 Oct 19, 2000 Jkt 194001 PO 00000 Frm 00005 Fmt 4702 Sfmt 4702 E:\FR\FM\20OCP1.SGM pfrm08 PsN: 20OCP1 63028 Federal Register / Vol. 65, No. 204 / Friday, October 20, 2000 / Proposed Rules use of the new risk analysis and Commenters’’ and ‘‘Availability of the year.’’ A public water system is development of cost estimates for the Docket’’ in SUPPLEMENTARY INFORMATION either a community water system (CWS) final rule and any comments on other for detailed information about filing and or a non-community water system parts of the proposal which would docket review. (NCWS). A community water system, as change because of the information FOR FURTHER INFORMATION CONTACT: For defined in § 141.2, is ‘‘a public water provided today. technical inquiries about risk and system which serves at least fifteen DATES: Your comments on this benefits discussed in this notice, contact service connections used by year-round document must be submitted to EPA in Dr. John B. Bennett, (202) 260–0446, residents or regularly serves at least writing and should be postmarked or email: [email protected], and for twenty-five year-round residents.’’ The received November 20, 2000. technical inquiries about treatment and definition in § 141.2 for a non-transient, ADDRESSES: Send written comments to cost discussed in this notice, contact Jeff non-community water system the W–99–16 NODA Arsenic Comments Kempic, (202) 260–9567, email: [NTNCWS] is ‘‘a public water system [email protected]. For general Clerk, Water Docket (MC–4101); U.S. that is not a [CWS] and that regularly information about this notice, contact Environmental Protection Agency; 1200 serves at least 25 of the same persons Irene Dooley, (202) 260–9531, email: Pennsylvania Ave., NW., Washington, over 6 months per year.’’ EPA has an DC 20460. Comments may be hand- [email protected]. inventory totaling over 54,000 delivered to the Water Docket, U.S. SUPPLEMENTARY INFORMATION: Environmental Protection Agency; 401 community water systems and M Street, SW; East Tower Basement, Regulated Entities approximately 20,000 non-transient, room EB–57; Washington, DC 20460; A public water system, as defined in non-community water systems (202) 260–3027 between 9 a.m. and 3:30 40 CFR 141.2, provides water to the nationwide. Entities potentially p.m. Eastern Time, Monday through public for human consumption through regulated by this action are community Friday. Comments may be submitted pipes or other constructed conveyances, water systems and non-transient, non- electronically, marked docket number if such system has ‘‘at least fifteen community water systems. The W–99–16 NODA, to [email protected]. service connections or regularly serves following table provides examples of the Please refer to the information under the an average of at least twenty-five regulated entities under this rule. headings ‘‘Additional Information for individuals daily at least 60 days out of

TABLE OF REGULATED ENTITIES

Category Examples of potentially regulated entities

Industry ...... Privately owned/operated community water supply systems using ground water or mixed ground water and surface water. State, Tribal, and Local Government ... State, Tribal, or local government-owned/operated water supply systems using ground water or mixed ground water and surface water. Federal Government ...... Federally owned/operated community water supply systems using ground water or mixed ground water and surface water.

The table is not intended to be the document or supporting documents docket is available for inspection from exhaustive, but rather provides a guide to which each comment refers. 9 a.m. to 4 p.m., Monday through for readers regarding entities likely to be Commenters should use a separate Friday, excluding legal holidays, at the regulated by this action. This table lists paragraph for each issue discussed. If Water Docket; EB 57; in the East Tower the types of entities that EPA is now you are submitting your comments basement of U.S. EPA; 401 M Street, aware could potentially be regulated by electronically and mailing hard copies, SW; Washington, DC. For access to this action. Other types of entities not please indicate on your electronic docket materials, please call (202) 260– listed in this table could also be submission that hard copies are being 3027 to schedule an appointment. regulated. To determine whether your sent separately. Electronic comments Abbreviations Used facility is regulated by this action, you must be submitted as a WordPerfect 5.1, should carefully examine the WP6.1 or WP8 file or as an ASCII file %—percent applicability criteria in §§ 141.11 and avoiding the use of special characters. AIC—Akaike information criterion 141.62 of the rule. If you have any Comments and data will also be CWS—community water system questions regarding the applicability of accepted on disks in WP 5.1, WP6.1 or EB—East Tower Basement this action to a particular entity, consult WP8, or ASCII file format. Electronic ED01—Effective dose which results in the general information person listed in comments on this document may be 1% excess lifetime risk the FOR FURTHER INFORMATION CONTACT filed online at many Federal Depository EPA—U.S. Environmental Protection section. Libraries. Commenters who want EPA to Agency acknowledge receipt of their comments et al.—et alibi, Latin for ‘‘and others’’ Additional Information for Commenters should include a self-addressed, FR—Federal Register Please submit an original and three stamped envelope. No facsimiles (faxes) i.e.—id est, Latin for ‘‘that is’’ copies of your comments and enclosures will be accepted. kg—kilograms, 2.2 pounds (including references) and identify your L—Liter, also referred to as lower case submission by the docket number W– Availability of Docket ‘‘l’’ in older citations 99–16 NODA. To ensure that EPA can The docket for this document has LED01—a 95% lower confidence limit read, understand, and therefore properly been established under number W–99– for ED01 respond to comments, the Agency 16–II, and includes supporting MDBP—microbial/disinfection by- would prefer that comments cite, where documentation as well as printed, paper product possible, the paragraph(s) or sections in versions of electronic comments. The MCL—maximum contaminant level

VerDate 112000 15:36 Oct 19, 2000 Jkt 194001 PO 00000 Frm 00006 Fmt 4702 Sfmt 4702 E:\FR\FM\20OCP1.SGM pfrm08 PsN: 20OCP1 Federal Register / Vol. 65, No. 204 / Friday, October 20, 2000 / Proposed Rules 63029 mg—milligrams—one thousandth of a that time we noted that a peer-reviewed risk assessments are based on a study gram, 1 milligram = 1,000 micrograms lung cancer risk study would probably from Taiwan published by Chen et al. microgram (µg)—One-millionth of gram become available before the final rule (1985), with the data grouped at the (3.5 × 10¥8 oz., 0.000000035 oz.) came out (65 FR 38888 at 38944). This village level. These data are also used µg/L—micrograms per liter Spring, we received a copy of a peer- for the bladder cancer risk analysis in MOE01—margin of exposure, ratio of reviewed article by Morales et al. the 1999 NRC report. Morales et al. ED01 to MCL (2000). This article presented additional (2000) examine issues of dose-response NAS—National Academy of Sciences analyses of bladder cancer risks as well modeling for the generalized linear NODA—Notice of Data Availability as estimates of lung and liver cancer model. The authors identify several NRC—National Research Council, risks for the same Taiwanese population Poisson and multistage-Weibull models operating agency of NAS analyzed in the NRC report. This which fit the data about equally well. NRC—National Research Council, the document makes available for public They prefer the Poisson models, in part operating arm of NAS comment the Morales et al. (2000) because the fit of the Weibull models is O&M—operation and maintenance information and the Agency’s analysis more sensitive to the omission of ppb—Parts per billion. Also, µg/L or of the bladder and lung cancer risks subsets of individual villages. The micrograms per liter from that paper. models are based on mortality data from RIA—Regulatory Impact Analysis Taiwan, and model results are What Is in the Article by Morales et al.? U.S.—United States transferred to the United States (U.S.) VSL—Value of a statistical life The article ‘‘Risk of Internal Cancer without adjustment for differences in WTP—Willingness to pay from Arsenic in Drinking Water’’ mortality-to-incidence ratios for the How Does This Document Relate to the (Morales et al., 2000) presents an various illnesses. The authors adjusted June 22, 2000 Proposal? assessment of the magnitude of risk for the risk analyses to reflect differences in cancers of the bladder, liver and lung average population weight and in the In the Thursday, June 22, 2000, from exposure to arsenic in water, based consumption of drinking water between Federal Register the U.S. Environmental on data from 42 villages in an arseniasis the U.S. and Taiwan (assuming a Protection Agency (EPA) proposed endemic region of Taiwan. The authors representative person in the U.S. weighs regulations for arsenic and clarifications calculated excess lifetime risk estimates 70 kg and drinks 2 liters of water per to compliance and new source using several Poisson regression models day vs. a Taiwanese weighing 55 kg and contaminants monitoring (65 FR 38888). and a multistage-Weibull model. (Excess drinking 3.5 liters). Two comparison This document applies only to the lifetime risk is the additional probability populations, one from all of Taiwan and arsenic part of the proposal. of disease or death due to the given one from southwestern Taiwan, were Specifically, EPA noted that ‘‘Further cause over the course of a lifetime.) Risk used in the modeling to estimate work on the risk assessment will also be estimates are expressed as ED01, the background levels of risk. done before the final rule is issued to concentration at which 1% additional The various model results present analyze the risks of internal cancers (65 lifetime risk of death is incurred; LED01, considerable variability in cancer risk FR 38888 at 38899).’’ This document a 95% lower confidence limit for ED01; estimates for arsenic. The authors discusses new risk information and and MOE01(50), the ‘‘margin of propose several reasons for the EPA’s subsequent risk analysis. exposure,’’ or the ratio of ED01 to the variability, including the large On page 39835 of the June 22, 2000, current MCL of 50 µg/L. The authors variability of exposure among people arsenic proposal, EPA noted that the found that risk estimates are sensitive to within each village and use of a unit cost curves are in the November the choice of model, to whether a comparison population in the analysis. 1999 ‘‘Technologies and Costs for the comparison population is used to define The authors also suggest that a variety Removal of Arsenic from Drinking the unexposed disease mortality rates, of factors for which data were not Water.’’ It has come to EPA’s attention and whether the comparison population available, including the dietary intake of that the cost curves used to develop the is all of Taiwan or just an unexposed inorganic arsenic, could influence or costs that are included in the proposal portion of the population in the study even confound these models. They and supporting Regulatory Impact area. The authors noted that some of the observe that ‘‘* * * this is an ecological Analysis (RIA) are in an earlier version factors that may affect the magnitude of study wherein only relatively simple of this document dated April 1999. This risk could not be evaluated exposure and population characteristics document announces the availability of quantitatively: The ecological nature of could be measured. It will be important the April 1999 version, with curves that the data, the nutritional status of the to consider this and other sources of more accurately reflect the analysis in study population, and the dietary intake uncertainty when interpreting the the preamble and the RIA. The overall of arsenic. Despite all these sources of results (Morales et al., 2000).’’ The approach to cost estimation in the uncertainty, however, the analysis authors conclude, however, that it proposed rule and the proposed suggests that the current standard of 50 seems likely that arsenic is contributing Maximum Contaminant Level (MCL) µg/L is associated with a substantial to excess cancer mortality in the U.S. remain unchanged. increased risk of cancer and thus is not based on their evaluation of combined suffciently protective of public health. risks of bladder, lung, and liver cancer: What New Risk Data Has EPA (The authors state that ‘‘the risk Analyzed? ‘‘Despite the considerable variation in associated with a concentration of 50 estimated ED01, the results are sobering In the proposal we calculated bladder µg/L is approximately 1 in 300, based on and indicate that current standards are cancer benefits and risks using the linear extrapolation from the point of not adequately protective against cancer bladder cancer risk analysis from the departure. * * * This is an extremely (Morales et al., 2000).’’ 1999 National Research Council (NRC) high value.’’) report, Arsenic in Drinking Water. We The Morales et al. (2000) article uses What Models Did EPA Choose To Use also estimated lung cancer benefits in a several statistical models to estimate for Additional Analysis? ‘‘What If’’ analysis based on a bladder, lung, and liver cancer risk from Ten risk models were presented in qualitative statement about lung cancer arsenic exposure. It also presents the Morales et al. (2000). Following Dr. deaths from the 1999 NRC report. At combined risk of all three cancers. The Louise Ryan’s presentation to the SAB

VerDate 112000 15:36 Oct 19, 2000 Jkt 194001 PO 00000 Frm 00007 Fmt 4702 Sfmt 4702 E:\FR\FM\20OCP1.SGM pfrm08 PsN: 20OCP1 63030 Federal Register / Vol. 65, No. 204 / Friday, October 20, 2000 / Proposed Rules

Drinking Water Committee (SAB, 2000), models without comparison populations drinking water with arsenic ranging and after additional consultation with are more reliable than those with them. from 10 to 934 µg/L; arsenic exposure the primary authors (Morales and Ryan), Of the models that did not include a estimates were grouped by village. To EPA chose Model 1 with no comparison comparison population, EPA believes monetize bladder cancer benefits, EPA population for further analysis. In Model 1 fits the data best, based on the calculated the number of cases Model 1 the dose effect is assumed to Akaike information criterion (AIC), a potentially avoided, based on the NRC follow a linear function and the age standard criterion of model fit, applied bladder cancer risk analyses, for effect is assumed to follow a quadratic to the Poisson models. EPA did not populations exposed to MCL options of function. consider the multi-stage Weibull model 3 µg/L, 5 µg/L, 10 µg/L, and 20 µg/L. EPA believes, after consultation with for additional analysis, because of its The proposal’s analytic approach the authors, that the models in Morales greater sensitivity to the omission of included five components. First, EPA et al. (2000) with a comparison individual villages (Morales et al., 2000) used data from the recent EPA water population are less reliable than those and to the grouping of responses by consumption study (US EPA, 2000a). without a comparison population. With village (NRC, 1999), as occurs in the Second, we used Monte Carlo no comparison population, the arsenic Taiwanese data. simulations to develop a distribution of The Poisson regression model (Model dose-response curve is estimated only ‘‘relative exposure factors,’’ which 1), without a comparison population, from the study population. Models with account for individual variations in risk gave results for lifetime excess risk of a comparison population include due to water consumption and body bladder cancer for males from arsenic mortality data from a similar population weight. Third, arsenic occurrence ingestion (about 1.3 in a 1000 at an (in this case either all of Taiwan or part µ estimates (US EPA, 2000c) were used to arsenic level of 50 g/L) which were identify the population exposed to of southwestern Taiwan), whose approximately the same as those risks exposure is assumed to be zero. Most of levels above 3 µg/L. We assumed found by the NRC (approximately 1 in drinking water exposure reflected the models with comparison a 1000 at an arsenic level of 50 µg/L). populations resulted in dose-response treatment to 80% of the MCL level, Among females, lifetime excess risk of because water systems tend to treat curves that were supralinear (higher bladder cancer is estimated to be 2.0 in than a linear dose-response) at low µ below the MCL level in order to provide 1000 at 50 g/L. We also considered a margin of safety. Fourth, EPA chose doses. The curves were forced down at estimates using this model for excess zero dose because the comparison four NRC risk distributions (NRC, 1999, risks for lung and liver cancer due to from Tables 10–11 and 10–12) for the population consists of a large number of arsenic. The lung cancer risk estimates, people with low risk and assumed zero analysis, that used Poisson-model which were comparable to the bladder derived risk estimates, with and without exposure. EPA believes, based on cancer risk estimates, were of special discussions with the authors, that these baseline comparison data. Fifth, EPA interest to the Agency, as the NRC used Monte Carlo simulations to models are less reliable, for two reasons. report did not provide a statistical First, there is no basis in data on develop estimates of the risks faced by analysis of these risks. the exposed population, using the arsenic’s carcinogenic mode of action to However, EPA did not further relative exposure factors, occurrence, consider a supralinear curve to be consider the Taiwan liver cancer and the NRC risk distributions. These biologically plausible. The conclusion estimates for U.S. liver cancer risks. components of the analysis are of the NRC panel (NRC, 1999) was that Angiosarcoma liver cancer (cancer in described in the proposed rulemaking the mode of action data led one to the liver’s blood vessels) has been (US EPA, 2000d, section X.A). EPA also expect dose responses that would be linked to arsenic exposure in Germany monetized the potential benefits of either linear or less than linear at low (Roth, 1957, as reported in Smith et al., avoided lung cancer, using a ‘‘What If’’ dose. However, the NRC indicated that 1992), Chile (Zaldivar et al., 1981, as analysis based on statements in the NRC available data are inconclusive and reported in Smith et al., 1992), and the report. ‘‘* * * do not meet EPA’s 1996 stated U.S. (Falk et al., 1981, as reported in criteria for departure from the default Smith et al., 1992). However, most liver Table 1 shows the mean and 90th assumption of linearity.’’ Second, cancers in Taiwan were hepatocellular percentile bladder cancer incidence models which include comparison (i.e., liver cell) carcinomas linked to risks summarized from Tables X–4A, X– populations assume that the exposure of hepatitis (Chen et al., 1985 & 1986), 4B, X–2A, and X–2B in the June 22, the comparison population is zero, and rather than angiosarcoma cancer, and 2000, arsenic proposed rulemaking (65 that the study and comparison are extremely rare in the U.S. FR 38888), after treatment, for the U.S. populations are the same in all population currently exposed at or important ways except for arsenic How Will the New Data Affect EPA’s above 3 µg/L, 5 µg/L, 10 µg/L, and 20 exposure. Neither of these comparison Risk Analysis? µg/L. These risk distributions are based populations assumptions may be This section describes EPA’s risk on bladder cancer mortality data in correct: NRC (1999) notes that ‘‘the analysis in the June 22, 2000, proposed Taiwan, in a section of Taiwan where Taiwanese-wide data do not clearly arsenic rulemaking, then extends the arsenic concentrations in the water are represent a population with zero analysis to incorporate new information very high by comparison to those in the exposure to arsenic in drinking water’’; from Morales et al. (2000). U.S. It is also an area of low incomes and Morales et al. (2000) agree that The June 22, 2000, proposed arsenic (NRC, 1999, pg. 292) and poor diet ‘‘[t]here is reason to believe that the rulemaking contained an analysis of the (NRC, 1999, pg. 295), and the urban Taiwanese population is not a excess exposed population risks availability and quality of medical care comparable population for the poor associated with arsenic consumption for is not of high quality, by U.S. standards. rural population used in this study.’’ bladder cancer. This analysis was based In its estimate of bladder cancer risk, the Moreover, because of the large amount on the 1999 National Research Council Agency assumed that within the of data in the comparison populations, (NRC) report, in which the NRC Taiwanese study area at the time of the the model results are relatively sensitive examined risk distributions for male study, the risk of contracting bladder to assumptions about this group. For bladder cancer in 42 villages in Taiwan. cancer was relatively close to the risk of these reasons, EPA believes that the This population was exposed to dying from bladder cancer (that is, that

VerDate 112000 15:36 Oct 19, 2000 Jkt 194001 PO 00000 Frm 00008 Fmt 4702 Sfmt 4702 E:\FR\FM\20OCP1.SGM pfrm08 PsN: 20OCP1 Federal Register / Vol. 65, No. 204 / Friday, October 20, 2000 / Proposed Rules 63031 the bladder cancer incidence rate was rates in developing countries range from times bladder cancer mortality; and that equal to the bladder cancer mortality 23.5% to 66.1%, and are currently 45% an 80% mortality rate would be rate). Survival rates for bladder cancer for bladder cancer in Taiwan, as plausible. The benefits analysis in the U.S. have been improving from discussed in the proposed rulemaking included estimates using an assumed 1973 to 1996 (i.e., U.S. bladder cancer (65 FR 38888 at 38942). At most, the mortality rate ranging from 80% to mortality rates decreased overall 24% to Agency concluded that bladder cancer 100%. 26%). Recent bladder cancer survival incidence could be no more than 2

TABLE 1.ÐBLADDER CANCER RISKS FROM THE JUNE 22, 2000 PROPOSAL: MEAN (FROM TABLES X±4A AND X±4B) AND 90TH PERCENTILE (FROM TABLES X±2A AND X±2B) LIFETIME INCIDENCE RISKS,1 FOR U.S. POPULATIONS EXPOSED AT OR ABOVE MCL OPTIONS, AFTER TREATMENT 2 (LOWER BOUNDS: LOW NRC RISK, CWS WATER CONSUMPTION; UPPER BOUNDS: HIGH NRC RISK, TOTAL WATER CONSUMPTION)

µ Mean exposed 90th percentile MCL g/L population risk exposed population risk

3 ...... 2.1¥4.5 × 10¥5 4¥7 × 10¥5 5 ...... 3.6¥7.5 × 10¥5 6¥12 × 10¥5 10 ...... 5.5¥11.4 × 10¥5 1¥2 × 10¥4 20 ...... 6.9¥13.9 × 10¥5 1.4¥2.8 × 10¥4 1 Actual risks could be lower, given the various uncertainties discussed, or higher, as these estimates assume a 100% mortality rate. 2 The risk analysis assumed exposure at 80% of the MCL level, because water systems tend to treat below the MCL level in order to provide a margin of safety.

The Morales et al. (2000) article decided to examine the implications of recalculated the mean bladder cancer provided a new analysis of bladder the new bladder cancer risk assessment risks for U.S. populations, based on the cancer risk. Although the data used from Morales et al. (2000), as well as the risk estimates from Morales et al. (2000), were the same as used by the NRC to lung cancer risk assessment. Using the derived from Model 1 with no analyze bladder cancer risk in their same analytical approach as in the comparison population. The results are 1999 publication, Morales et al. (2000) arsenic proposed rule (with Monte Carlo shown in Table 2, along with the consider more dose-response models simulations combining relative bladder cancer risks remaining, after and evaluate how well they fit the exposure factors, occurrence estimates, treatment, for the 90th percentile U.S. Taiwanese data. Therefore the Agency and risk distributions), the Agency population.

TABLE 2.ÐBLADDER CANCER: MEAN AND 90TH PERCENTILE LIFETIME INCIDENCE RISKS,1 FOR U.S. POPULATIONS EX- POSED ATORABOVE MCL OPTIONS, AFTER TREATMENT 2 (MORALES RISK, LOW WATER CONSUMPTION FOR LOWER BOUND, HIGH WATER CONSUMPTION FOR UPPER BOUND)

µ Mean exposed 90th percentile MCL g/L population risk population risk

3 ...... 4.9¥6.0 × 10¥5 1¥1.2 × 10¥4 5 ...... 8.4¥10.2 × 10¥5 1.8¥2.0 × 10¥4 10 ...... 1.2¥1.47 × 10¥4 2.6¥3.1 × 10¥4 20 ...... 1.55¥1.89 × 10¥4 3.5¥4.1 × 10¥4 1 Actual risks could be lower, given the various uncertainties discussed, or higher, as these estimates assume a 100% mortality rate. 2 The risk analysis assumed exposure at 80% of the MCL level, because water systems tend to treat below the MCL level in order to provide a margin of safety.

The Agency also estimated the mean analytical approach and the risk comparison population. The results are and 90th percentile lung cancer risks for estimates from Morales et al. (2000), shown in Table 3. U.S. populations, using the same derived from Model 1 with no

VerDate 112000 15:36 Oct 19, 2000 Jkt 194001 PO 00000 Frm 00009 Fmt 4702 Sfmt 4702 E:\FR\FM\20OCP1.SGM pfrm08 PsN: 20OCP1 63032 Federal Register / Vol. 65, No. 204 / Friday, October 20, 2000 / Proposed Rules

TABLE 3.ÐLUNG CANCER: MEAN LIFETIME INCIDENCE RISKS,1 FOR U.S. POPULATIONS EXPOSED AT OR ABOVE MCL OP- TIONS, AFTER TREATMENT 2 (MORALES RISK, LOW WATER CONSUMPTION FOR LOWER BOUND, HIGH WATER CON- SUMPTION FOR UPPER BOUND)

µ Mean exposed 90th percentile MCL g/L population risk population risk

3 ...... 4.9¥6.1 × 10¥5 1.0¥1.2 × 10¥4 5 ...... 8.2¥10.5 × 10¥5 1.7¥2.1 × 10¥4 10 ...... 1.21¥1.46 × 10¥4 2.7¥3.1 × 10¥4 20 ...... 1.52¥1.87 × 10¥4 3.4¥4.3 × 10¥4 1 Actual risks could be lower, given the various uncertainties discussed, or higher, as these estimates assume a 100% mortality rate. 2 The risk analysis assumed exposure at 80% of the MCL level, because water systems tend to treat below the MCL level in order to provide a margin of safety.

EPA believes, based upon this most For the studied population, rice and sweet and lung cancer, using one additional recent risk information, that the potatoes were the main staple and might liter water consumption for food combined risk of excess cases of lung account for as much as 80% of food intake preparation (i.e., the water absorbed by per meal. For the purpose of discussion we and bladder cancer attributable to will assume that a man in the study hydration during cooking). The food arsenic in drinking water could be at population ate one cup of dry rice and two consumed in Taiwan contains more least twice that of bladder cancer alone. pounds of potatoes per day and that the arsenic than in the U.S.: on average, However, EPA will need to conduct amount of water required to cook the rice and about 50 µg/day in Taiwan, versus about additional analyses of this risk potatoes was about 1 L. Under this 10 µg/day in the U.S. (NRC, 1999, pp. assumption, the risk calculated before is 50–51). Thus our analysis may still information, together with additional overestimated by about 30% (1 L/ 3.5 L). This analyses of the various uncertainties calculation considers only the water used for overstate the risk to the U.S. population, associated with the underlying data, and cooking; the arsenic content in the rice and when the total consumption of of comments submitted in response to potatoes that might have been absorbed from inorganic arsenic (from food preparation the proposed rule, to develop its best soil arsenic is not considered because of the and drinking water) is considered. estimate of the overall risk in support of lack of information. Results of the EPA analysis considering a final rulemaking. The Taiwanese staple foods were dried water used in cooking are shown in sweet potatoes and rice (Wu et al., Table 4, using the NRC bladder cancer How Did EPA Analyze the Lower 1989). Both the 1988 EPA report and the risk, the Morales et al. (2000) bladder Bound of its Risk Estimates? 1999 NRC report assumed that an cancer risk, and the Morales et al. (2000) average Taiwanese male weighed 55 kg lung cancer risk estimates utilized The Agency performed a sensitivity and drank 3.5 liters of water daily, and earlier in this Document. Table 5 shows analysis of the lower bound risk that an average Taiwanese female the cancer risks remaining, after estimates, considering the effect on risk weighed 50 kg and drank 2 L of water treatment to 80% MCL options, for high estimates of exposure to arsenic through daily. Using these assumptions, along percentile U.S. populations, providing a water used in preparing food in Taiwan. with an assumption that Taiwanese men sensitivity analysis for the lower bound The 1988 EPA ‘‘Special Report on and women ate one cup of dry rice and risk taking into account the arsenic Ingested Inorganic Arsenic’’ contained two pounds of sweet potatoes a day, the intake from water used in cooking dried the following discussion: Agency re-estimated risks for bladder foods.

TABLE 4.ÐSENSITIVITY ANALYSIS OF MEAN LOWER BOUND INCIDENCE RISK ESTIMATES,1, 2 RISKS ADJUSTED FOR WATER USED IN COOKING (CWS WATER CONSUMPTION DATA)

µ Bladder Lung MCL ( g/L) Bladder (NRC) (Morales) (Morales)

3 ...... 1.7 × 10¥5 3.5 × 10¥5 3.6 × 10¥5 5 ...... 2.9 × 10¥5 5.7 × 10¥5 5.7 × 10¥5 10 ...... 4.1 × 10¥5 8.4 × 10¥5 8.4 × 10¥5 20 ...... 5.1 × 10¥5 1.01 × 10¥5 1.06 × 10¥5 1 Risks are adjusted under assumption that Taiwanese males and females consume one additional liter of water in rehydrating dried rice and sweet potatoes. 2 The bladder cancer risks presented in this table provide ``best'' estimates. Actual risks could be lower, given the various uncertainties dis- cussed, or higher, as these estimates assume a 100% mortality rate.

VerDate 112000 15:36 Oct 19, 2000 Jkt 194001 PO 00000 Frm 00010 Fmt 4702 Sfmt 4702 E:\FR\FM\20OCP1.SGM pfrm08 PsN: 20OCP1 Federal Register / Vol. 65, No. 204 / Friday, October 20, 2000 / Proposed Rules 63033

TABLE 5.ÐSENSITIVITY ANALYSIS OF 90TH PERCENTILE LOWER BOUND INCIDENCE RISK ESTIMATES,1, 2 RISKS ADJUSTED FOR WATER USED IN COOKING (CWS WATER CONSUMPTION DATA)

µ Bladder Lung MCL ( g/L) Bladder (NRC) (Morales) (Morales)

3 ...... 3.5 × 10¥5 7.5 × 10¥5 7.2 × 10¥5 5 ...... 5.9 × 10¥5 1.2 × 10¥4 1.2 × 10¥4 10 ...... 9.0 × 10¥5 1.8 × 10¥4 1.8 × 10¥4 20 ...... 1.1 × 10¥4 2.3 × 10¥4 2.4 × 10¥4 1 Risks are adjusted under assumption that Taiwanese males and females consume one additional liter of water in rehydrating dried rice and sweet potatoes. 2 The bladder cancer risks presented in this table provide ``best'' estimates. Actual risks could be lower, given the various uncertainties dis- cussed, or higher, as these estimates assume a 100% mortality rate.

How Will EPA Evaluate Benefits in the willingness to pay (WTP) to avoid a case EPA Benefits Summary and Final Rule? of chronic bronchitis to monetize the Conclusions The benefits of a regulatory option benefits of avoiding non-fatal bladder Morales et al. (2000) assess the risks depend primarily on the number of cancers (Viscusi et al., 1991). WTP data of lung and bladder cancer associated cases of an illness avoided due to the for avoiding chronic bronchitis has been with arsenic consumption in water, reduction in risk resulting from the used before by EPA (the microbial/ based on data from Taiwan, using implementation of the option. For the disinfection by-product (MDBP) several statistical models. Although the arsenic proposed rule and following rulemaking) as a surrogate for the WTP data used were the same as used by the established Agency practices, EPA to avoid non-fatal bladder cancer. EPA NRC (1999). Morales et al. consider estimated the number of cases of summed the monetized benefits for fatal more dose-response models, providing a bladder cancer avoided using mean and non-fatal bladder cancer cases more exhaustive treatment of model fit. exposed population incidence risk avoided to obtain total monetized They also discuss additional factors, for estimates at various MCL levels (these benefits for avoided bladder cancer which data were not available, which mean exposed population incidence cases (shown in Tables X–7 and XI–1 of might influence or confound the risks are shown in Table 1). We the proposed rule preamble, in 1999 analysis. Dose-response risk estimate for converted lifetime risk estimates to dollars). both bladder and lung cancer, derived annual risk factors, and applied these to In the arsenic proposed rule, EPA also from the best-fitting model, were the exposed population to determine the estimated the number of lung cancer analyzed further by the Agency. The number of cases avoided (both fatal and cases avoided, for the various options Agency calculated new risk estimates non-fatal). We adjusted the upper bound considered, using a ‘‘What If’’ analysis, for the U.S. exposed population, for the bladder cancer number of cases and monetized these cases using the various MICL options under estimates by assuming an 80% mortality same process that was used to monetize consideration. The resulting risk rate in Taiwan, which is a plausible the benefits of avoided bladder cancer estimates for bladder cancer are higher mortality rate for the area of Taiwan cases. The ‘‘What If’’ analysis examined than those examined in detail in the during the Chen study. The lower possible benefits from avoided lung proposal, and the new lung cancer risks bound estimates assumed a 100% cancer cases if the number of those are approximately equal to the new mortality rate from bladder cancer in cases in the U.S. which were fatal in bladder cancer risks. As noted earlier, Taiwan. For the benefits assessment, outcome was 2–5 times the number of EPA believes that the combined risk of EPA used U.S. mortality information to fatal bladder cancer cases (the implicit excess cases from lung and bladder divide the number of cases into fatal risk for lung cancer ranged from about cancer could be at least twice that of and non-fatal cases avoided. Benefits are half to about twice that of the risk for bladder cancer alone and will be assumed to begin to accrue on the bladder cancer). refining its overall risk estimate in effective date of the arsenic rule (65 FR EPA plans to use the benefits support of the final rule based on a 38888 at 38946). evaluation process described in this number of factors, with a particular The avoided cases of fatal bladder section for the final rule, using the data focus on the additive risks of lung and cancer are valued by what is known as and analysis of the bladder and lung bladder cancer. Monetized benefits from the ‘‘value of a statistical life’’ (VSL), cancer risks described in this document avoided cases overall are expected to currently estimated at $6.1 million (in instead of the ‘‘What If’’ lung cancer fall within the ranges presented in the 1 1999 dollars). VSL does not refer to the analysis included in the proposal. These June 22 Proposed Rule, because of the value of an identifiable life, but instead more definitive benefits estimates will implicit assumptions of lung cancer risk to the value of small reductions in be derived from the new risk in the ‘‘What If’’ analysis. However, the mortality risks in a population. We used calculations that will accompany the lung cancer monetized benefits would the central tendency estimate of final rule (based upon further be more certain, and removed from the 2 $604,000 (1999 dollars) of the consideration of additive risk analyses) ‘‘What If’’ categorization. In addition, and other pertinent information. the Agency performed a lower bound 1 The June 20, 2000, proposal (65 FR 38888) cited Background information on the the central tendency estimate of the VSL as $5.8 sensitivity analysis of risk estimates million in 1997 $ in the preamble text. However, economic concepts that provide the given a variation in the assumption the analyses presented in the proposal’s tables foundation for benefits valuation, and about water used for cooking in Taiwan. reflect 1999 $ values, as noted. the methods that are typically used by 2 The June 20, 2000, proposal (65 FR 38888) cited economists to monetize the value of risk What Technologies and Costs Document the central tendency estimate of the WTP as Is Being Made Available? $536,000 in 1997 $ in the preamble text. However, reductions, such as wage-risk, cost of the analyses presented in the proposal’s tables illness, and contingent valuation studies In the June 22, 2000, Federal Register, reflect 1999 $ values, as noted. are provided in the arsenic RIA. the EPA presented national cost

VerDate 112000 15:36 Oct 19, 2000 Jkt 194001 PO 00000 Frm 00011 Fmt 4702 Sfmt 4702 E:\FR\FM\20OCP1.SGM pfrm08 PsN: 20OCP1 63034 Federal Register / Vol. 65, No. 204 / Friday, October 20, 2000 / Proposed Rules estimates of the proposed arsenic rule removal efficiencies, including the ones How Will EPA Use the November 1999 (65 FR 38888). In several tables 3 in the corresponding to the removal Cost Document? preamble EPA presented annualized efficiencies identified in Exhibit 6–1 of EPA will carefully consider all national cost estimates for four MCL the RIA. µ comments on the proposed rule and will options (3, 5, 10 and 20 L). The The unit cost treatment curves for develop new national cost estimates for methodology and data used to develop each technology can be found in the the final rule, along with a new these estimates are described in the April 1999 technology and cost supporting treatment technology and document. The unit cost waste disposal Regulatory Impact Analysis (RIA) (EPA cost document, which would update curves can be derived from Table 4–1, 2000b). This document is making both the April 1999 and November 1999 ‘‘Summary of Residuals available for public comment additional versions of the treatment technology Characteristics,’’ in the technology and information on the costs of treatment and cost document. The new version cost document. Those interested in technologies EPA: ‘‘Technologies and that will be developed will include cost reproducing the waste disposal curves Costs for the Removal of Arsenic From estimates for emerging technologies, and should consult the ‘‘Small Water System Drinking Water,’’ April 1999, which has where necessary, updates to the been placed in the docket, and will be Byproducts Treatment and Disposal treatment technology cost curves made available on EPA’s website. EPA Cost’’ (EPA 1993a) document and the already developed. EPA may also used this April 1999 document to ‘‘Water System Byproducts Treatment develop an updated decision tree to develop the national estimates and Disposal Cost’’ (EPA 1993b) refine and improve the cost estimates, presented in the proposed rule. document. The former is for small water The RIA describes the model systems, and the latter is for larger ones. based on comments received on the (SafeWaterXL) that was used by EPA to An electronic copy of the treatment proposal. Changes in these inputs to estimate national costs. The model uses technology and waste disposal EPA’s models for determining the cost data on arsenic occurrence, compliance equations used in the development of of compliance and any changes to the decision trees, unit treatment the RIA can also be found in the docket. national cost estimates generated by the technology train costs and other model will be presented in the final Why Does the Docket Have a Copy of relevant data to generate national cost rule. a Newer Version of the Technologies & estimates. All of these inputs are Costs for Comment? References described in the RIA. The treatment trains that were used in the national The EPA has continued to refine and Chen, C. J., Y. C. Chuang, T. M. Lin and H. update cost estimates of the treatment Y. Wu. 1985. Malignant neoplasms cost estimation are given in Exhibit 6– among residents of a Blackfoot disease 1 of the RIA. The RIA provides technologies discussed in the proposed endemic area in Taiwan: High arsenic information on treatment technology rule. In addition, EPA is following the well water and cancers. ‘‘Cancer costs by system size in Exhibit 6–2. The development of emerging technologies Research’’ 45:5895–5899. exhibit has cost estimates on treatment that would be relevant for arsenic Chen, C. J., Y. C. Chuang, T. M. Lin and H. capital, treatment operation and removal. An update of the April 1999 Y. Wu. 1986. A retrospective study on maintenance (O&M), waste disposal document was inadvertently included malignant neoplasms of bladder, lung capital, and waste disposal O&M costs in the docket: EPA, ‘‘Technologies and and liver in Blackfoot disease endemic area in Taiwan. ‘‘British Journal of for each treatment train. Costs for Removal of Arsenic from Drinking Water,’’ November 1999. This Cancer’’ 53:399–405. Today’s document is advising the Morales, K.H., L. Ryan, K.G. Brown, T–L public about the availability in the was not, however, the version used to Kuo, M–M Wu, and C.J. Chen. 2000. Risk docket of ‘‘Technologies and Costs for develop the RIA. The RIA costs were of Internal Cancers from Arsenic in the Removal of Arsenic from Drinking developed using the earlier April 1999 Drinking Water. ‘‘Environmental Health Water,’’ April 1999, which provides the version, which is being provided with Perspectives’’ 108:655–661. unit cost curves (regressions) that were this document. This data and National Research Council. 1999. ‘‘Arsenic in used to generate Exhibit 6–1 of the RIA. information is being made available to Drinking Water.’’ Washington, DC. The April 1999 technology and cost those interested in reproducing our National Academy Press. document contains curves for several national cost estimates. Smith, A.H., C. Hopenhayn-Rich, M.N. Bates, The differences between the cost H.M. Goeden, I. Hertz-Picciotto, H.M. Duggan, R. Wood, M.J. Kosnett, and M.T. 3 Table VIII–3. Annual Costs of Treatment Trains curves in the April and November drafts Smith. 1992. Cancer risks from arsenic in (Per Household); Table IX–11. National Annual are attributable to the different design drinking water. ‘‘Environmental Health Treatment Costs; Table IX–12. Total Annual Costs criteria assumptions made when Per Household; Table IX–13. Incremental National Perspectives’’ 97:259–267. Annual Costs; Table IX–14. Incremental Annual running the unit cost models. Three unit US EPA. 1988. ‘‘Special Report on Ingested Costs Per Household; Table X–7. Estimated Costs cost models were used: ‘‘Very Small Inorganic Arsenic: Skin Cancer; and Benefits From Reducing Arsenic in Drinking Systems’’ (for systems between 0.015 to Nutritional Essentiality.’’ Risk Water; Table XI–1. Estimated Costs and Benefits 0.100 mgd), ‘‘Water model’’ (for systems Assessment Forum. EPA/625/3–87/013. From Reducing Arsenic in Drinking Water; Table between 0.27 and 1.00 mgd), and ‘‘W/ 124 pp. July 1988. XIII–3. Estimated Costs and Benefits From Reducing US EPA. 1993a. Small Water System Arsenic in Drinking Water; Table XIII–4. Estimated W Cost’’ (for systems between 10 to 200 Byproducts Treatment and Disposal Cost Annualized National Costs of Reducing Arsenic mgd). The design criteria assumptions Document. April 1993. Exposures; Table XIII–5. Estimated Annual Costs are described prior to the presentation Per Household and (Number of Households US EPA. 1993b. Water System Byproducts Affected); Table XIII–6. Summary of the Total of the cost curves in each document. For Treatment and Disposal Cost Document. Annual National Costs of Compliance with the example, the design criteria April 1993. Proposed Arsenic Rule Across MCL Options; Table assumptions for coagulation assisted US EPA. 1999a. Technologies and Costs for XIII–7. Estimates of the Annual Incremental Risk Removal of Arsenic From Drinking Reduction, Benefits, and Costs of Reducing Arsenic microfiltration are listed on page 3–47 of the November 1999 document and on Water. EPA–815–R–00–012. Prepared by in Drinking Water; Table XIV–2. Average Annual International Consultants, Inc. and Cost per CWS by Ownership; Table XIV–3. Average page 3–60 of the April 1999 document. Malcolm Pirnie, Inc. under contract to Compliance Costs per Household for CWSs EPA will continue to refine the cost Exceeding MCLs; and Table XIV–4. Average EPA OGWDW. November 1999. Compliance Costs per Household for CWSs curves and other cost of compliance US EPA. 1999b. Technologies and Costs for Exceeding MCLs as a Percent of Median Household information and data based on the Removal of Arsenic From Drinking Income. comments submitted on the proposal. Water. Prepared by International

VerDate 112000 15:36 Oct 19, 2000 Jkt 194001 PO 00000 Frm 00012 Fmt 4702 Sfmt 4702 E:\FR\FM\20OCP1.SGM pfrm08 PsN: 20OCP1 Federal Register / Vol. 65, No. 204 / Friday, October 20, 2000 / Proposed Rules 63035

Consultants, Inc. and Malcolm Pirnie, procedures relating to exclusions is no time limitation on the imposition Inc. under contract 68–C–C6–0039 with resulting from a default on health of a program exclusion. EPA OGWDW. April 1999. education or scholarship obligations, Thus, for example, when a program US EPA. 2000a. ‘‘Estimated Per Capita Water and to the limitations period applicable exclusion imposed under section Ingestion in the United States: Based on 1128(b)(7) of the Act is based on Data Collected by the United States to exclusions. In addition, this rule Department of Agriculture’s (USDA) would make a number of minor violations of another statute, such as the 1994–1996 Continuing Survey of Food technical corrections to the current civil money penalty (CMP) statute Intakes by Individuals.’’ Office of Water, regulations, and serves to clarify various (section 1128A of the Act), which has a Office of Standards and Technology. issues and inadvertent errors appearing 6 year statute of limitations, the program EPA–822–00–008. April 2000. in the OIG’s existing regulatory exclusion is not similarly time limited. US EPA. 2000b. Proposed Arsenic in authorities in order to achieve greater • Amendment to § 1001.101(c) (Basis Drinking Water Rule: Regulatory Impact clarity and consistency. Analysis (RIA). Prepared by Abt for Liability) Associates, Inc. under contract to EPA DATES: To assure consideration, public In introductory paragraph (c) of OGWDW. EPA 815–R–013. June 2000. comments must be mailed and delivered § 1001.101, we propose to add the word US EPA. 2000c. ‘‘Arsenic Occurrence in to the address provided below by no ‘‘financial’’ before the word Public Drinking Water Supplies.’’ Public later than 5 p.m. November 20, 2000. Comment Draft. Office of Water, ‘‘misconduct.’’ This revision would be Washington DC. EPA 815–D–00–001. ADDRESSES: Please mail or deliver your consistent with the statutory language May 2000. written comments to the following set forth in section 1128(a)(3) of the Act US EPA. 2000d. National Primary Drinking address: Department of Health and which specifically uses the word Water Regulations; Arsenic and Human Services, Office of Inspector ‘‘financial’’ to describe the felony under Clarifications to Compliance and New General, Room 5246, Attention: OIG– which the OIG will exclude an Source Contaminants Monitoring; 62–P, Washington, D.C. 20201. individual or entity. The revision to this Proposed Rule. Federal Register. Vol. 65, paragraph is intended to mirror the No. 121, p. 38888. June 22, 2000. FOR FURTHER INFORMATION CONTACT: Joel statutory language. Viscusi, W.K., W.A. Magat, and J. Huber. J. Schaer, Office of Counsel to the • 1991. Pricing Environmental Health Inspector General, (202) 619–0089. Revisions to §§ 1001.102 and Risks: Survey Assessments of Risk-Risk 1001.201 With Respect to Financial Loss and Risk-Dollar Trade-Offs for Chronic SUPPLEMENTARY INFORMATION: Consistent and the Threshold Amount Bronchitis. ‘‘Journal of Environmental with existing regulatory authority, the Economics and Management.’’ 21:32–51. OIG is proposing the following revisions Currently, §§ 1001.102 and 1001.201 Wu, M.M., T.L. Kuo, Y.H. Hwant, and C.J. to 42 CFR chapter V, many of which are set forth an aggravating factor for Chen. 1989. Dose-response relation technical in nature: lengthening the period of exclusion between arsenic concentration in well when an individual’s conviction, or water and mortality from cancers and • Limitations Period for Exclusions; similar acts, resulted in financial loss of vascular diseases. American Journal of § 1001.1 (Scope of Exclusions). $1,500 or more. First, we are proposing Epidemiology. 130:1123–1132. to revise §§ 1001.102(b)(1) and The purpose of an OIG program Authority: 42 U.S.C. 300f, 300g–1, 300g–2, 1001.201(b)(2)(i) to increase the exclusion is to protect Medicare, 300g–3, 300g–4, 300g–5, 300g–6, 300j–4, financial loss considered to be an Medicaid and all other Federal health 300j–9, and 300j–11. aggravating factor from $1,500 to $5,000. care programs from fraud and abuse, We believe that this revision would Dated: October 13, 2000. and to protect beneficiaries of those more properly reflect the current J. Charles Fox, programs from untrustworthy providers. economics of health care fraud in the Assistant Administrator for Water. Questions have been raised as to programs and would establish a more [FR Doc. 00–27034 Filed 10–19–00; 8:45 am] whether a limitations period is reasonable threshold amount as an BILLING CODE 6560±50±P applicable to the imposition of OIG aggravating factor to be considered as a program exclusions. The OIG frequently basis for lengthening a period of determines that conduct which occurred exclusion. DEPARTMENT OF HEALTH AND several years in the past does not In addition, we are proposing to HUMAN SERVICES warrant an exclusion (other than an clarify §§ 1001.102(b)(1) and exclusion that is mandated by statute). Office of Inspector General 1001.201(b)(2)(i) to reflect as an However, there is no statute of aggravating factor both the actual and limitations specified for exclusions in intended loss to the programs associated 42 CFR Parts 1001, 1003, 1005 and 1 the Social Security Act (the Act). with this conduct. We believe that any 1008 Moreover, program exclusions are 2 loss—not just the actual, out-of-pocket RIN 0991±AB09 remedial in nature, and it is the OIG’s loss—that is designed to cause harm to position that if we determine that an the programs should be taken into Medicare and State Health Care exclusion is necessary to protect the consideration. For example, in a Programs: Fraud and Abuse; programs and beneficiaries from situation where an individual intends to Revisions and Technical Corrections untrustworthy individuals and entities, commit damage to the programs by we are authorized to impose such an AGENCY: Office of Inspector General filing false cost reports, but whose plans exclusion without being subject to a are detected and prevented from (OIG), HHS. limitations period. To eliminate any ACTION: Proposed rule. reaching fruition by an intermediary confusion on this point, we are who intercepts the damage before it can SUMMARY: This proposed rule sets forth clarifying § 1001.1 to indicate that there occur, we believe the intended loss, and several revisions and technical not just any actual loss, should also be corrections to the OIG regulations. This 1 See section 1128 of the Act; 42 U.S.C. 1320a– taken in consideration as a valid 7. rule proposes revisions or clarifications 2 See Manocchio v. Kusserow (961 F.2d 1539 measure of the individual’s culpability. to the definition of the term ‘‘item or (11th Cir. 1992)), which held that exclusions are Accordingly, we would also clarify service’’, to the reinstatement remedial. §§ 1001.102(b)(1) and 1001.201(b)(2)(i)

VerDate 112000 15:36 Oct 19, 2000 Jkt 194001 PO 00000 Frm 00013 Fmt 4702 Sfmt 4702 E:\FR\FM\20OCP1.SGM pfrm08 PsN: 20OCP1 63036 Federal Register / Vol. 65, No. 204 / Friday, October 20, 2000 / Proposed Rules to specifically indicate that any HIPAA (63 FR 46676) and in the final appropriate’’ modifies both the terms intended loss to the programs would be rulemaking addressing revised OIG ‘‘disclosed’’ and ‘‘reflected.’’ considered as an aggravating factor in sanction authorities resulting from the In addition, we are also proposing to assessing an individual’s behavior and BBA (64 FR 39420), while we made clarify, gramatically, the introductory trustworthiness. Parallel changes to several revisions to part 1001 to include language for paragraph (r) to more §§ 1001.102(c)(1) and 1001.201(b)(3)(i) the term ‘‘Federal health care program,’’ clearly state the conditions under which would also be made. conforming revisions were not made in ‘‘remuneration’’ does not include a §§ 1001.102(c)(1), 1001.951 and payment that is a return on an In addition, 1001.952. We propose to amend these investment interest for ambulatory • Clarification of Paragraph (b)(9) in sections to accurately reflect this surgical centers. Also, in paragraph § 1001.102 (Length of Exclusion) expanded authority. (r)(2)(ii), we are proposing to substitute the word ‘‘physician’s’’ for the word Section 1001.102 addresses the length • Additional Technical Revisions to ‘‘surgeon’s,’’ which was inadvertently of an exclusion, and paragraph (b) of § 1001.952 set forth in the November 19, 1999 final that section sets forth various factors regulations. As corrected, the paragraph that may be considered to be aggravating On November 19, 1999, we published a final rule setting forth clarifications to would read as: ‘‘(ii) At least one-third of and a basis for lengthening the period of each physician investor’s medical exclusion. We propose to revise the initial OIG safe harbor provisions in 1991 and establishing additional safe practice income from all sources for the paragraph (b)(9) by adding the word previous fiscal year or previous 12- harbor provisions under the anti- ‘‘even’’ to indicate that one factor we month period must be derived from the kickback statute (64 FR 63518). In that would consider is ‘‘[w]hether the physician’s performance of procedures final rule, certain minor technical errors individual or entity was convicted of (as defined in this paragraph).’’ other offenses besides those which appeared in the regulations text when With regard to § 1001.952, we are only formed the basis for the exclusion, or published, which we are proposing to requesting comments on the changes set has been the subject of any other clarify or correct at this time. forth specifically in this proposed rule. adverse action by a Federal, State or Specifically, in paragraph (h)(1)(ii), we We expect to address other substantive local government agency or board, even are proposing to substitute the phrase revisions to aspects of the November 19, if the adverse action is based on the ‘‘Department or a State health care 1999 new safe harbors, as appropriate, same set of circumstances that serves as program,’’ with the phrase ‘‘Department through a separate clarifying proposed the basis for the imposition of the or health agency,’’ to be consistent with rule. exclusion’’ (underlining added). The similar context language used in this • inclusion of the word ‘‘even’’ was same paragraph. (The italics appearing Revision to § 1001.1501 (Default of inadvertently omitted in the revisions to in introductory paragraph (h)(1) in the Health Education Loan or Scholarship § 1001.102(b) that were set forth in the November 19, 1999 final rule would Obligations) OIG final rulemaking issued on also be removed.) In addition, in Under section 1128(b)(14) of the Act, September 2, 1998 (63 FR 46676), paragraph (h)(2) (ii)(A), the current and § 1001.1501 of the implementing addressing revised OIG exclusion introductory phrase reads: ‘‘[W]here a regulations, the OIG may exclude any authorities resulting from Public Law discount is required to be reported to individual that the Public Health 104–191, and a subsequent revision set Medicare or a State health care program Service (PHS) determines is in default forth in final rulemaking issued on July under paragraph (h)(1) of this section, on repayment of scholarship obligations 22, 1999 (64 FR 39420), addressing * * *’’ We are proposing to clarify this or loans made in connection with health revised OIG sanction authorities discussion by amending this profession education. The current resulting from Public Law 105–33. introductory statement to read as regulations provide that an individual • ‘‘[W]here the value of the discount is may be excluded until such time as PHS Revisions to §§ 1001.102(c)(1), known at the time of sale, * * *’’ This notifies the OIG that the default has 1001.951 and 1001.952 To Encompass would be consistent with the current been cured or the obligations have been Acts Occurring With Respect to ‘‘All introductory language appearing in resolved to the PHS’s satisfaction. This Other Federal Health Care Programs’’ paragraph (h)(2)(ii)(B) of § 1001.952. We regulatory language has resulted in Section 231 of Public Law 104–191, are also clarifying the definition of the some uncertainty as to exactly when a the Health Insurance Portability and term ‘‘rebate’’ in § 1001.952(h)(4) to determination may be made that a Accountability Act (HIPAA) of 1996, make clear that a rebate is a price default is cured or that the obligations amended the CMP and criminal reduction after the time of sale. We are have been adequately resolved. provisions in section 1128A and 1128B further proposing to clarify the language We propose to revise § 1001.1501(b) of the Act (42 U.S.C. 1320a–7a and in paragraph (h)(5)(ii) by including an to make it clear that once an individual 1320a–7b) to encompass acts occurring example as to what is meant by the is excluded, he or she will be eligible for with respect to a ‘‘Federal health care phrase ‘‘same methodology’’ as used in reinstatement only (1) after the debt is program,’’ as defined in section 1128B(f) this discussion. The example is repaid by the individual or (2) when of the Act. Section 4331(c) of Public consistent with the November 19, 1999 there is no longer an outstanding debt Law 105–33, the Balanced Budget Act final rule preamble discussion. The as determined by the PHS (e.g., the debt (BBA) of 1997, further amended section additional language would indicate that has been written off). We specifically 1128(a) and (b) of the Act to extend the the ‘‘same methodology’’ would reflect, propose to revise paragraph (b) to scope of an OIG exclusion beyond the as an example, the same DRG, indicate that an individual will be Medicare and State health care prospective payment or per diem excluded until such time as PHS programs to all other Federal health care payment, but would not include fee notifies the OIG that the individual’s programs and to enable the OIG directly schedules. For clarification purposes, debt has been paid or resolved. Upon to impose exclusions from all other we are also proposing to include a receipt of notice from PHS, the OIG will, Federal health care programs. In the comma after the word ‘‘reflected’’ in this in turn, inform the individual of his or final regulations addressing OIG same paragraph to make clear that the her right to apply for reinstatement. In exclusion authorities resulting from phrase ‘‘where appropriate and as addition, we are amending this

VerDate 112000 15:36 Oct 19, 2000 Jkt 194001 PO 00000 Frm 00014 Fmt 4702 Sfmt 4702 E:\FR\FM\20OCP1.SGM pfrm08 PsN: 20OCP1 Federal Register / Vol. 65, No. 204 / Friday, October 20, 2000 / Proposed Rules 63037 paragraph to specifically state that an that a civil judgment rendered by a omission on a cost report. Some health individual who has had his or her debt Federal, State or local court is an care providers have mistakenly believed written off by PHS will be eligible to additional type of prior determination that this definition only covered goods apply to the OIG for reinstatement any that may serve as the basis for an and services paid on the bases of those time following PHS’s notification to the exclusion (and may not be relitigated in two methodologies, and did not cover individual that there is no longer an the exclusion proceeding). This goods or services paid in accordance outstanding debt. clarification is predicated on the general with one of the various prospective principles of collateral estoppel. payment methodologies. To reflect the • Clarification to § 1001.1801 (Waivers varying reimbursement systems and of Exclusions) • Revision to § 1001.3005 (Reversed or mechanisms in practice, we are Vacated Decisions) We are proposing to expand the proposing to modify the current designated programs which may request Section 1001.3005 provides that an definition of the term ‘‘item and a waiver of an exclusion to conform individual or entity will be reinstated service’’ in this section to clarify that, in with statutory amendments which into the Medicare program retroactive to addition to itemized claims or cost broadened the scope of an OIG program the effective date of the exclusion when reports, the term ‘‘item and service’’ exclusion. Prior to the BBA, an such exclusion is based on either (1) a includes any item or service that is exclusion was applicable only to conviction that is reversed or vacated on reimbursed through any health care participation in Medicare and all State appeal, or (2) an action by another payment mechanism, such as health care programs (as defined in agency, such as a State agency or prospective payment systems. section 1128(h) of the Act). In section licensing board, that is reversed or • 4331 of the BBA, Congress amended vacated on appeal. However, current Clarifying Factor in § 1003.106(a)(4) sections 1128(a) and (b) of the Act to regulations do not specify at what point for Determining the Amount of Penalty provide that an exclusion will be from in the appeal process retroactive for Patient Dumping Violations all ‘‘Federal health care programs,’’ as reinstatement will occur. We are Section 1003.106(a)(4) sets forth six defined in section 1128B(f) of the Act. proposing to modify § 1001.3005 to factors to be taken into account in Notwithstanding this authority, current provide that when an exclusion action determining a CMP amount for law only permits waivers to be is reversed or vacated at any stage of an violations in accordance with requested by State health care programs. administrative appeal process, the OIG § 1003.102(c), the patient anti-dumping Although Congress expanded the will reinstate the individual or entity at provisions. One of the criteria for scope of exclusion under section 1128 that time retroactive to the effective date considering the amount of CMP to of the Act to participation in all other of the underlying exclusion. However, impose in a patient dumping case is Federal health care programs, it did not the regulation would make clear that the ‘‘the prior history of offenses’’ under the explicitly broaden the authority to exclusion would be reimposed if the Patient Anti-Dumping Act. The current request a waiver of an exclusion under administrative decision reversing or language allows the OIG only to either section 1128(c)(3)(B) or vacating the exclusion is overturned consider ‘‘prior’’ offenses, and does not 1128(d)(3)(B) of the Act to include upon further appeal. allow the consideration of similar requests of waivers by Federal health • conduct after the incident in question. care programs other than Medicare or Revisions to § 1003.100 (Basis and For example, if the OIG is pursuing a State health care programs. However, Purpose) case against a physician responsible for we believe that the clear congressional Section 1003.100 sets for the basis an inappropriate transfer, and it is intent was to broaden both the scope and purpose for the OIG’s CMP and learned that the physician was later and applicability of the entire exclusion assessment authorities. In final terminated for causing another authority to ‘‘all other Federal health rulemaking published on July 22, 1999 inappropriate transfer, we cannot care programs.’’ Thus, we believe that it (64 FR 39428), § 1003.100 was amended currently consider this in determining would be consistent for the by, among other things, revising the CMP amount, even though we implementing regulations to provide for (b)(1)(iv), (viii), (x) and (xi) and by believe that this conduct is relevant in a parallel approach with respect to adding a new paragraph (b)(1)(xii). making a determination. In order to requests for waiver of an exclusion. We These revisions to § 1003.100 were not permit the OIG to consider this are, therefore, proposing to amend properly reflected in the OIG final subsequent act in determining the § 1001.1801 to specify that a ‘‘Federal rulemaking on April 26, 2000 (65 FR amount of penalty to be assessed, we are health care program’’ may request a 24415) that also made additional proposing to revise paragraph (a)(4)(iii) waiver, thus replacing the current revisions to this section. Accordingly, of this section to allow the OIG to provision which only authorizes such we are amending § 1003.100 to consider as a factor other related or waiver requests from a ‘‘State health accurately reflect paragraph (b)(1)(iv). In similar allegations subsequent to the care program.’’ addition, paragraphs designated in the incident under review. July 22, 1999 final rule as (b)(1)(viii) and • Collateral Estoppel Effect in • Revised Time Frames in § 1005.7(e) (b)(1)(xii) would now being set forth as § 1001.2007 (Appeal of Exclusions) (Discovery) paragraphs (b)(1)(xiv) and (b)(1)(xv), Many of the OIG exclusion authorities respectively, in the section. Section 1005.7(e) sets forth are predicated on prior determinations procedures and time frames governing • made by courts or other administrative Revision to the Definition of the Term the discovery process. The time frames agencies. Section 1001.2007 of the OIG ‘‘Item and Service’’ in § 1003.101 set forth in paragraph (e)(1) are intended regulations currently contains a (Definitions) to ensure that the hearing process provision that precludes, in the The current definition of the term proceeds in an orderly and timely administrative appeal of such ‘‘item or service’’ set forth in § 1003.101 manner, and to induce parties to exclusions, the relitigation of the follows the statutory language by produce documents within a reasonable underlying determination. We are defining the term to include items or period of time. While the 15-day period proposing to further clarify paragraph services paid either in accordance with set forth in the current regulations may (d) of this section to specifically state (1) an itemized claim or (2) an entry or be adequate in many cases, it has been

VerDate 112000 15:36 Oct 19, 2000 Jkt 194001 PO 00000 Frm 00015 Fmt 4702 Sfmt 4702 E:\FR\FM\20OCP1.SGM pfrm08 PsN: 20OCP1 63038 Federal Register / Vol. 65, No. 204 / Friday, October 20, 2000 / Proposed Rules suggested that the time frames given to a new paragraph to require adherence to a rule will have a significant affect on parties to comply fully with requests for Rule 608 of the FRE in administrative States, on their relationship with the documents and for raising objections proceedings under this section. We Federal Government, and on the may be too short a period of time. believe that by requiring adherence to distribution of power and responsibility Because we believe it is practical to Rule 608, the use of character and among the various levels of provide greater flexibility and establish conduct evidence will be appropriately Government. more reasonable and appropriate time limited and more predictable for all Executive Order 12866 frames consistent with the Federal Rules parties. We do not intend to foreclose of Civil Procedure, we are other forms of impeachment, such as Executive Order 12866 requires that recommending amending § 1005.7(e)(1) evidence of criminal conviction or prior all regulations reflect consideration of to expand the specified time frames to inconsistent statements. alternatives, costs, benefits, incentives, 30 days. (Section 1005.7(e)(3) already equity and available information. • Revision to U.S.C. Citation in permits the administrative law judge Regulations must meet certain § 1008.37 (ALJ) the discretion to further expand or standards, such as avoiding unnecessary modify these time frames, on a case-by- In the OIG final rule published in the burden. We believe that this proposed case basis, for parties to comply and Federal Register on July 16, 1998 (63 FR rule would have no significant object with discovery.) 38311) addressing the issuance of economic impact. The proposed • advisory opinions by the OIG, an revisions set forth in this rulemaking are Revision to § 1005.16 (Witnesses) inadvertent error was made in citing the either technical in nature or are The OIG is proposing to amend United States Code referenced in designed to further clarify OIG statutory § 1005.16(b) to give the ALJ discretion to § 1008.37, disclosure of ownership and requirements. admit written expert testimony that is related information. The citation error Specifically, these provisions are reliable. Under the current regulations, in § 1008.37, which refers to 42 U.S.C. designed to clarify the scope of the the ALJ is not permitted to accept 1302a–3(a)(1), would be corrected to OIG’s existing authorities to exclude reliable written testimony, such as read as 42 U.S.C. 1320a–3(a)(1). individuals and entities from Medicare, depositions, trial testimony and Medicaid and all other Federal health Regulatory Impact Statement administrative proceedings, from care programs, and to strengthen current experts. We are proposing to revise The Office of Management and Budget legal authorities pertaining to the paragraph (b) by further stating that (OMB) has reviewed this proposed rule imposition of CMPs against individuals ‘‘[T]he ALJ may admit prior sworn in accordance with the provisions of and entities engaged in prohibited testimony of experts which has been Executive Order 12866, and has actions and activities. We believe that subject to adverse examination, such as determined that it does not meet the any aggregate economic effect of these a deposition or trial testimony.’’ We criteria for an economically significant revised regulatory provisions would be believe this revision would allow the regulatory action. Specifically, minimal and would impact only those ALJ the discretion to admit written Executive Order 12866 directs agencies limited few who engage in prohibited testimony of experts if he or she finds to assess all costs and benefits of behavior in violation of the statute. As it is relevant and reliable. available regulatory alternatives and, such, we believe that the aggregate when rulemaking is necessary, to select economic impact of these proposed • Revision to § 1005.17 (Evidence) regulatory approaches that maximize regulations is minimal and would have Section 1005.17 addresses the net benefits, including potential no appreciable effect on the economy or admissibility of evidence in economic, environmental, public health, on Federal or State expenditures. administrative proceedings. While the safety distributive and equity effects. In Unfunded Mandates Reform Act of ALJs are not strictly bound by the addition, section 202 of the Unfunded 1995. Additionally, in accordance with Federal Rules of Evidence (FRE), Mandates Reform Act, Public Law 104– the Unfunded Mandates Reform Act of paragraph (b) of this section permits the 4, requires that agencies prepare an 1995, we believe that there are no ALJs to apply the FRE where assessment of anticipated costs and significant costs associated with these appropriate, e.g., to exclude unreliable benefits on any rulemaking that may proposed revisions that would impose evidence. However, we believe that result in an expenditure by State, local any mandates on State, local or tribal there is a need to protect the credibility or tribal government, or by the private governments, or the private sector that of witnesses from being attacked by the sector of $100 million or more in any will result in an expenditure of $100 introduction of evidence of character given year. Further, under the Small million or more in any given year. As and conduct not conforming to the Business Enforcement Act (SBEA) of indicated, these proposed revisions are limitations of Rule 608 of the FRE. 1996, if a rule has a significant narrow in scope and effect, comport Without such limitations, the economic effect on a substantial number with congressional and statutory intent, introduction of such character and of small businesses, the Secretary must and clarify the Department’s legal conduct evidence is purely at the specifically consider the economic authorities against those who defraud or discretion of the ALJ who may choose effect of a rule on small business entities otherwise act improperly against the to hear testimony that would be and analyze regulatory options that Federal and State health care programs. excluded under Rule 608. Because of could lessen the impact of the rule, and Accordingly, we believe that a full the unpredictability of this situation, under the Regulatory Flexibility Act, if analysis under the Act is not necessary. witnesses may be reluctant to testify for a rule has a significant economic effect fear that their credibility will be on a substantial number of small Regulatory Flexibility Act attacked by the introduction of highly businesses, the Secretary must In accordance with the Regulatory personal information that may be specifically consider the economic Flexibility Act (RFA) of 1980, and the embarrassing or upsetting, but not effect of a rule on small business entities Small Business Regulatory Enforcement highly probative of the witnesses’ and analyze regulatory options that Act of 1996, which amended the RFA, character for truthfulness or could lessen the impact of the rule. we are required to determine if this rule untruthfulness. Therefore, we are Executive Order 13132, Federalism, will have a significant economic effect proposing to amend § 1005.17 by adding further requires agencies to determine if on a substantial number of small entities

VerDate 112000 15:36 Oct 19, 2000 Jkt 194001 PO 00000 Frm 00016 Fmt 4702 Sfmt 4702 E:\FR\FM\20OCP1.SGM pfrm08 PsN: 20OCP1 Federal Register / Vol. 65, No. 204 / Friday, October 20, 2000 / Proposed Rules 63039 and, if so, to identify regulatory options 42 CFR Part 1005 (b) Any of the following factors may that could lessen the impact. While Administrative practice and be considered to be aggravating and a these clarifying provisions may have an procedure, Fraud, Penalties. basis for lengthening the period of impact on small entities, we believe that exclusion— the aggregate economic impact of this 42 CFR Part 1008 (1) The acts resulting in the conviction, or similar acts, resulted in rulemaking would be minimal, since it Administrative practice and financial loss (both actual loss and is the nature of the violation and not the procedure, Fraud, Grant programs— intended loss) to a Government program size of the entity that will result in a health, Health facilities, Health or to one or more entities of $5,000 or violation of the statute. Since the vast professions, Medicaid, Medicare, more. (The entire amount of financial majority of individuals and entities Penalties. potentially affected by these regulations loss to such programs or entities, do not engage in prohibited Accordingly, 42 CFR chapter V would including any amounts resulting from arrangements, schemes or practices in be amended as set forth below: similar acts not adjudicated, will be considered regardless of whether full or violation of the law, we believe that PART 1001Ð[AMENDED] these proposed regulations would not partial restitution has been made); have a significant economic impact on 1. The authority citation for part 1001 * * * * * a number of small business entities. would continue to read as follows: (9) Whether the individual or entity was convicted of other offenses besides Executive Order 13132, Federalism Authority: 42 U.S.C. 1302, 1320a–7, 1320a–7b, 1395u(h), 1395u(j), 1395u(k), those which formed the basis for the We have also reviewed this rule under 1395y(d), 1395y(e), 1395cc(b)(2)(D), (E) and exclusion, or has been the subject of any the threshold criteria of Executive Order (F), and 1395hh; and sec. 2455, Pub.L. 103– other adverse action by any Federal, 13132, Federalism, and we have 355, 108 Stat. 3327 (31 U.S.C. 6101 note). State or local government agency or board, even if the adverse action is determined that this rulemaking would 2. Section 1001.1 would be amended based on the same set of circumstances not have significantly affect the rights, by redesignating existing paragraph (b) that serves as the basis for the roles and responsibilities of States. In to read as paragraph (c) and by adding imposition of the exclusion. summary, we have concluded, and the a new paragraph (b) to read as follows: Secretary certifies, that since this rule (c) Only if any of the aggravating would have no significant economic § 1001.1 Scope and purpose. factors set forth in paragraph (b) of this impact on Federal, State or local * * * * * section justifies an exclusion longer economies, nor have a significant (b) A program exclusion is deemed to than 5 years, may mitigating factors be economic impact on a substantial be remedial in nature and designed to considered as a basis for reducing the number of small entities, a regulatory protect Medicare, Medicaid and other period of exclusion to no less than 5 flexibility analysis is not required. Federal health care programs and their years. Only the following factors may be considered mitigating— Paperwork Reduction Act beneficiaries from fraudulent individuals and entities. Accordingly, (1) The individual or entity was The provisions of these proposed an exclusion is neither time-barred nor convicted of 3 or fewer misdemeanor regulations impose no new reporting or subject to any limitations period, even offenses, and the entire amount of recordkeeping requirements when the exclusion is based on financial loss (both actual loss and necessitating clearance by OMB. violations of another statute which may intended loss) to Medicare or any other have a specified limitations period. Federal, State or local governmental Response to Public Comments health care program due to the acts that (c) * * * resulted in the conviction, and similar Comments will be available for public 3. Section 1001.101 would be acts, is less than $1,500; inspection beginning on November 3, amended by republishing the 2000 in Room 5518 of the Office of introductory text and by revising * * * * * Inspector General at 330 Independence introductory paragraph (c) to read as 5. Section 1001.201 would be Avenue, S.W., Washington, DC, on follows: amended by republishing the Monday through Friday of each week introductory text for paragraph (b)(2) from 8:30 a.m. to 4:30 p.m., (202) 619– § 1001.101 Basis for liability. and revising paragraph (b)(2)(i), and by 0089. Because of the large number of The OIG will exclude any individual republishing the introductory text for comments we normally receive on or entity that— paragraph (b)(3) and revising paragraph regulations, we cannot acknowledge or * * * * * (b)(3)(i) to read as follows: respond to them individually. However, (c) Has been convicted, under Federal § 1001.201 Conviction relating to program we will consider all timely and or State law, of a felony that occurred or health care fraud. appropriate comments when developing after August 21, 1996, relating to fraud, the final rule. * * * * * theft, embezzlement, breach of fiduciary (b) * * * List of Subjects responsibility, or other financial (2) Any of the following factors may misconduct— be considered to be aggravating and a 42 CFR Part 1001 * * * * * basis for lengthening the period of Administrative practice and 4. Section 1001.102 would be exclusion— procedure, Fraud, Health facilities, amended by republishing the (i) The acts resulting in the Health professions, Medicaid, Medicare. introductory text for paragraph (b) and conviction, or similar acts, resulted in financial loss (both actual loss and 42 CFR Part 1003 revising paragraphs (b)(1) and (b)(9), and by republishing the introductory intended loss) of $5,000 or more to a Administrative practice and text for paragraph (c) and revising Government program or to one or more procedure, Fraud, Grant programs— paragraph (c)(1) to read as follows: other entities, or had a significant health, Health facilities, Health financial impact on program professions, Maternal and child health, § 1001.102 Length of exclusion. beneficiaries or other individuals. (The Medicaid, Medicare, Penalties. * * * * * total amount of financial loss will be

VerDate 112000 15:36 Oct 19, 2000 Jkt 194001 PO 00000 Frm 00017 Fmt 4702 Sfmt 4702 E:\FR\FM\20OCP1.SGM pfrm08 PsN: 20OCP1 63040 Federal Register / Vol. 65, No. 204 / Friday, October 20, 2000 / Proposed Rules considered, including any amounts paragraph (h)(3) and introductory use of the equipment, as long as all of resulting from similar acts not paragraph (h)(3)(iii); paragraph (h)(4); the following six standards are met— adjudicated, regardless of whether full and paragraphs (h)(5)(ii) and (h)(5)(iii); * * * * * or partial restitution has been made); i. Revising paragraph (i); (5) The aggregate rental charge is set * * * * * j. Republishing the introductory in advance, is consistent with fair (3) Only the following factors may be paragraph (j), adding a sentence at the market value in arms-length considered as mitigating and a basis for end of paragraph (j)(2), and removing transactions and is not determined in a reducing the period of exclusion— the undesignated paragraph following manner that takes into account the (i) The individual or entity was paragraph (j)(2); volume or value of any referrals or convicted of 3 or fewer offenses, and the k. Republishing introductory business otherwise generated between entire amount of financial loss (both paragraph (n) and revising paragraph the parties for which payment may be actual loss and intended loss) to a (n)(6); made in whole or in part under Government program or to other l. Republishing introductory Medicare, Medicaid or all other Federal individuals or entities due to the acts paragraph (o) and revising paragraph health care programs. that resulted in the conviction and (o)(5); (6) * * * Note that for purposes of similar acts is less than $1,500; m. Revising introductory paragraph (r) paragraph (c) of this section, the term * * * * * and paragraph (r)(2)(ii); and fair market value means the value of the 6. Section 1001.951 would be n. Revising the introductory text for equipment when obtained from a amended by revising paragraph (b)(1)(ii) paragraph (s). manufacturer or professional distributor, but shall not be adjusted to to read as follows: The revisions to § 1001.952 would reflect the additional value one party read as follows: § 1001.951 Fraud and kickbacks and other (either the prospective lessee or lessor) prohibited activities. § 1001.952 Exceptions. would attributable to the equipment as * * * * * The following payment practices shall a result of its proximity or convenience (b) * * * not be treated as a criminal offense to sources of referrals or business (1) * * * under section 1128B of the Act and otherwise generated for which payment (ii) The nature and extent of any shall not serve as the basis for an may be made in whole or in part under adverse physical, mental, financial or exclusion: Medicare, Medicaid or other Federal other impact the conduct had on health care program. * * * * * program beneficiaries or other (d) Personal services and individuals or the Medicare, Medicaid (b) Space rental. As used in section management contracts. As used in and all other Federal health care 1128B of the Act, ‘‘remuneration’’ does section 1128B of the Act , programs; not include any payment made by a ‘‘remuneration’’ does not include any lessee to a lessor for the use of premises, * * * * * payment made by a principal to an as long as all of the following six agent as compensation for the services 7. Section 1001.952 would be standards are met— amended as follows: of the agent , as long as all of the a. By republishing the introductory * * * * * following seven standards are met— text; (5) The aggregate rental charge is set * * * * * b. Republishing the introductory text in advance, is consistent with fair (5) The aggregate compensation paid to paragraph (b), revising paragraph market value in arms-length to the agent over the term of the (b)(5), removing the undesignated transactions and is not determined in a agreement is set in advance, is paragraph following paragraph (b)(5), manner that takes into account the consistent with fair market value in and adding a sentence at the end of volume or value of any referrals or arms-length transactions and is not paragraph (b)(6); business otherwise generated between determined in a manner that takes into c. Republishing the introductory text the parties for which payment may be account the volume or value of any to paragraph (c), revising paragraph made in whole or in part under referrals or business otherwise (c)(5), removing the undesignated Medicare, Medicaid or other Federal generated between the parties for which paragraph following paragraph (c)(5), health care program. payment may be made in whole or in and adding a sentence at the end of (6) * * * Note that for purposes of part under Medicare, Medicaid or other paragraph (c)(6); paragraph (b) of this section, the term Federal health care programs. d. Republishing the introductory text fair market value means the value of the * * * * * to paragraph (d) and revising paragraph rental property for general commercial (e) Sale of practice. (1) As used in (d)(5); purposes, but shall not be adjusted to section 1128B of the Act, e. Republishing introductory text to reflect the additional value that one ‘‘remuneration’’ does not include any paragraph (e)(1) and revising paragraph party (either the prospective lessee or payment made to a practitioner by (e)(1)(ii); lessor) would attribute to the property another practitioner where the former f. Republishing introductory text to as a result of its proximity or practitioner is selling his or her practice paragraph (e)(2) revising paragraph convenience to sources of referrals or to the latter practitioner, as long as both (e)(2)(ii); business otherwise generated for which of the following two standards are met— g. Republishing introductory payment may be made in whole or in * * * * * paragraph (f) and revising paragraph part under Medicare, Medicaid and all (ii) The practitioner who is selling his (f)(2) ; other Federal health care programs. or her practice will not be in a h. Revising introductory paragraph * * * * * professional position to make referrals (h); introductory paragraph (h)(1), (c) Equipment rental. As used in to, or otherwise generate business for, introductory paragraph (h)(1)(ii) and section 1128B of the Act, the purchasing practitioner for which introductory paragraph (h)(1)(iii); ‘‘remuneration’’ does not include any payment may be made in whole or in introductory paragraph (h)(2) and payment made by a lessee of equipment part under Medicare, Medicaid or other paragraph (h)(2)(ii)(A); introductory to the lessor of the equipment for the Federal health care programs after one

VerDate 112000 15:36 Oct 19, 2000 Jkt 194001 PO 00000 Frm 00018 Fmt 4702 Sfmt 4702 E:\FR\FM\20OCP1.SGM pfrm08 PsN: 20OCP1 Federal Register / Vol. 65, No. 204 / Friday, October 20, 2000 / Proposed Rules 63041 year from the date of the first agreement (ii) If the buyer is an entity which section), the offeror must comply with pertaining to the sale. reports its costs on a cost report the following two standards— (2) As used in section 1128B of the required by the Department or a health * * * * * Act, ‘‘remuneration’’ does not include agency, it must comply with all of the (4) For purposes of this paragraph, a any payment made to a practitioner by following four standards— rebate is any discount the terms of a hospital or other entity where the * * * * * which are fixed and disclosed in writing practitioner is selling his or her practice (iii) If the buyer is an individual or to the buyer at the time of the initial to the hospital or other entity, so long entity in whose name a claim or request purchase to which the discount applies, as the following four standards are met: for payment is submitted for the but which is given after the time of sale. * * * * * discounted item or service and payment (5) * * * (ii) The practitioner who is selling his may be made, in whole in part, under (ii) Supplying one good or service or her practice will not be in a Medicare, Medicaid or other Federal without charge or at a reduced charge to professional position after completion of health care programs (not including induce the purchase of a different good the sale to make or influence referrals individuals or entities defined as buyers or service, unless the goods and services to, or otherwise generate business for, in paragraph (h)(1)(i) or (h)(1)(ii) of this are reimbursed by the same Federal the purchasing hospital or entity for section), the buyer must comply with health care program using the same which payment may be made under both of the following standards— methodology (e.g., under the same DRG, Medicare, Medicaid or other Federal * * * * * prospective payment, or per diem, but health care programs. (2) The seller is an individual or not including fee schedules) and the * * * * * entity that supplies an item or service reduced charge is fully disclosed to the (f) Referral services. As used in for which payment may be made, in Federal health care program and section 1128B of the Act, whole or in part, under Medicare, accurately reflected, where appropriate, ‘‘remuneration’’ does not include any Medicaid or other Federal health care and as appropriate, to the payment or exchange of anything of programs to the buyer and who permits reimbursement methodology; value between an individual or entity a discount to be taken off the buyer’s (iii) A reduction in price applicable to (‘‘participant’’) and another entity purchase price. The seller must comply one payer but not to Medicare, Medicaid serving as a referral service (‘‘referral with all of the applicable standards or other Federal health care programs; service’’), as long as all of the following within one of the following three * * * * * four standards are met— categories— (i) Employees. As used in section * * * * * * * * * * 1128B of the Act, ‘‘remuneration’’ does (2) Any payment the participant (ii) * * * not include any amount paid by an makes to the referral service is assessed (A) Where the value of the discount employer to an employee, who has a equally against and collected equally is known at the time of sale, the seller bona fide employment relationship with from all participants, and is only based must fully and accurately report such the employer, for employment in the on the cost of operating the referral discount on the invoice, coupon or furnishing of any item or service for service, and not on the volume or value statement submitted to the buyer; which payment may be made in whole of any referrals to or business otherwise inform the buyer in a manner that is or in part under Medicare, Medicaid or generated by the either party for the reasonably calculated to give notice to other Federal health care program. For referral service for which payment may the buyer of its obligations to report purposes of paragraph (i) of this section, be made in whole or in part under such discount and to provide the term employee has the same Medicare, Medicaid or other Federal information upon request under meaning as it does for purposes of 26 health care programs. paragraph (h)(1) of this section; and U.S.C. 3121(d)(2). * * * * * refrain from doing anything that would (j) Group purchasing organizations. (h) Discounts. As used in section impede the buyer from meeting its As used in section 1128B of the Act, 1128B of the Act, ‘‘remuneration’’ does obligations under this paragraph; or ‘‘remuneration’’ does not include any not include a discount, as defined in * * * * * payment by a vendor of goods or paragraph (h)(5) of this section, on an (3) The offeror of a discount is an services to a group purchasing item or service for which payment may individual or entity who is not a seller organization (GPO), as part of an be made, in whole or in part, under under paragraph (h)(2) of this section, agreement to furnish such goods or Medicare, Medicaid or other Federal but promotes the purchase of an item or services to an individual or entity as health care programs for a buyer as long service by a buyer under paragraph long as both of the following two as the buyer complies with the (h)(1) of this section at a reduced price standards are met— applicable standards of paragraph (h)(1) for which payment may be made, in * * * * * of this section; a seller as long as the whole or in part, under Medicare, (2) * * * Note that for purposes of seller complies with the applicable Medicaid or other Federal health care paragraph (j) of this section, the term standards of paragraph (h)(2) of this programs. The offeror must comply with group purchasing organization (GPO) section; and an offeror of a discount all of the applicable standards within means an entity authorized to act as a who is not a seller under paragraph the following three categories— purchasing agent for a group of (h)(2) of this section so long as such * * * * * individuals or entities who are offeror complies with the applicable (iii) If the buyer is an individual or furnishing services for which payment standards of paragraph (h)(3) of this entity in whose name a request for may be made in whole or in part under section: payment is submitted for the discounted Medicare, Medicaid or other Federal (1) With respect to the following three item or service and payment may be health care programs, and who are categories of buyers, the buyer must made, in whole or in part, under neither wholly-owned by the GPO nor comply with all of the applicable Medicare, Medicaid or other Federal subsidiaries of a parent corporation that standards within one of the three health care programs (not including wholly owns the GPO (either directly or following categories— individual or entities defined as buyers through another wholly-owned entity). * * * * * in paragraph (h)(1)(i) or (h)(1)(ii) of this * * * * *

VerDate 112000 15:36 Oct 19, 2000 Jkt 194001 PO 00000 Frm 00019 Fmt 4702 Sfmt 4702 E:\FR\FM\20OCP1.SGM pfrm08 PsN: 20OCP1 63042 Federal Register / Vol. 65, No. 204 / Friday, October 20, 2000 / Proposed Rules

(n) Practitioner recruitment. As used and all of the applicable standards are (e) In the event a waiver is granted, in section 1128B of the Act, met within one of the following four the OIG may determine the scope of the ‘‘remuneration’’ does not include any categories— waiver to apply to particular items, payment or exchange of anything of * * * * * services, locations or programs. value by an entity in order to induce a (2) * * * (f) The decision to grant or deny a practitioner who has been practicing (ii) At least one-third of each request for a waiver, to limit the scope within his or her current specialty for physician investor’s medical practice of a waiver, or to rescind a waiver is not less than 1 year to locate, or to induce income from all sources for the previous subject to administrative or judicial any other practitioner to relocate, his or fiscal year or previous 12-month period review. her primary place of practice into a must be derived from the physician’s 10. Section 1001.2007 would be HPSA for his or her specialty area, as performance of procedures (as defined amended by revising paragraph (d) to defined in Departmental regulations, in this paragraph). read as follows: that is served by the entity, as long as * * * * * § 1001.2007 Appeal of exclusions. all of the following nine standards are (s) Referral arrangements for specialty met— services. As used in section 1128B of the * * * * * * * * * * Act, ‘‘remuneration’’ does not include (d) When the exclusion is based on (6) The amount or value of the any exchange of value among the existence of a criminal conviction or benefits provided by the entity may not individuals and entities where one party a civil judgment imposing liability by vary (or be adjusted or renegotiated) in agrees to refer a patient to the other Federal, State or local court, a any manner based on the volume or party for the provision of a specialty determination by another Government value of any expected referrals to or service payable in whole or in part agency, or any other prior determination business otherwise generated for the under Medicare, Medicaid or any other where the facts were adjudicated and a entity by the practitioner for which Federal health care programs in return final decision was made, the basis for payment may be made in whole in part for an agreement on the part of the other the underlying conviction, civil under Medicare, Medicaid or any other party to refer that patient back at a judgment or determination is not Federal health care programs. mutually agreed upon time or reviewable and the individual or entity * * * * * circumstance as long as the following may not collaterally attack it either on (o) Obstetrical malpractice insurance four standards are met— substantive or procedural grounds in subsidies. As used in section 1128B of * * * * * this appeal. the Act, ‘‘remuneration’’ does not 8. Section 1001.1501 would be * * * * * include any payment made by a hospital amended by revising paragraph (b) to 11. Section 1001.3005 would be or other entity to another entity that is read as follows: amended by revising paragraph (a) and providing malpractice insurance by adding a new paragraph (e) to read § 1001.1501 Default of health education as follows: (including a self-funded entity), where loan or scholarship obligations. such payment is used to pay for some * * * * * § 1001.3005 Reversed or vacated or all of the costs of malpractice decisions. insurance premiums for a practitioner (b) Length of exclusion. The individual will be excluded until such (including a certified nurse-midwife as (a) An individual or entity will be time as PHS notifies the OIG that the defined in section 1861(gg) of the Act) reinstated into Medicare, Medicaid and default has been cured or that there is who engages in obstetrical practice as a other Federal health care programs no longer an outstanding debt. Upon routine part of his or her medical retroactive to the effective date of the such notice, the OIG will inform the practice in a primary care HPSA, as long exclusion when such exclusion is based individual of his or her right to apply as all of the following seven standards on— for reinstatement. 9. Section 1001.1801 are met— (1) A conviction that is reversed or would be amended by revising vacated on appeal; * * * * * paragraphs (a), (b), (e) and (f), and by (2) An action by another agency, such (5) The amount of payment may not deleting paragraph (g) to read as follows: as a State agency or licensing board, that vary based on the volume or value of is reversed or vacated on appeal; or § 1001.1801 Waivers of exclusions. any previous or expected referrals to or (3) An OIG exclusion action that is business otherwise generated for the (a) The OIG has authority to grant or reversed or vacated at any stage of an entity by the practitioner for which deny a request from a Federal health individual’s or entity’s administrative payment may be made in whole or in care program that an exclusion from that appeal process. part under Medicare, Medicaid or any program be waived with respect to an other Federal health care programs. individual or entity, except that no * * * * * waiver may be granted with respect to (e) If an action which results in the * * * * * retroactive reinstatement of an (r) Ambulatory surgical center. As an exclusion under § 1001.101(b). The individual or entity is subsequently used in section 1128B of the Act, waiver request must be in writing and overturned, the OIG may reimpose the ‘‘remuneration’’ does not include any from an individual directly responsible exclusion for the initial period of time, payment that is in return on an for administering the Federal health less the period of time that was served investment interest, such as a dividend care program. prior to the reinstatement of the or interest income, made to an investor, (b) With respect to exclusions under individual or entity. as long as the investment entity is a § 1001.101(a), a request from a Federal health care program for a waiver of the certified ambulatory surgical center PART 1003Ð[AMENDED] (ASC) under part 416 of this title, the exclusion will only be considered if the operating and recovery room space of individual is the sole community 1. The authority citation for part 1003 which is dedicated exclusively to the physician or if the individual or entity would continue to read as follows: ASC; patients referred to the investment is the sole source of essential Authority: 42 U.S.C. 1302, 1320a–7, entity by an investor are fully informed specialized items or services. 1320a–7a, 1320a–7e, 1320b–10, 1395u(j), of the investor’s investment interest; * * * * * 1395u(k), 1395cc(g), 1395dd(d)(1), 1395mm,

VerDate 112000 15:36 Oct 19, 2000 Jkt 194001 PO 00000 Frm 00020 Fmt 4702 Sfmt 4702 E:\FR\FM\20OCP1.SGM pfrm08 PsN: 20OCP1 Federal Register / Vol. 65, No. 204 / Friday, October 20, 2000 / Proposed Rules 63043

1395nn(g), 1395ss(d), 1396b(m), 11131(c) and report, books of account or other Any such written statement must be 11137(b)(2). documents supporting the claim. provided to all other parties along with 2. Section 1003.100 would be * * * * * the last known address of such amended by revising paragraphs 4. Section 1003.106 would be witnesses, in a manner that allows (b)(1)(iv), (b)(1)(xii) and (b)(1)(xiii); and amended by republishing the sufficient time for other parties to by adding paragraphs (b)(1)(xiv) and introductory text for paragraph (a)(4) subpoena such witness for cross- (b)(1)(xv) to read as follows: and by revising paragraph (a)(4)(iii) to examination at the hearing. Prior read as follows: written statements of witnesses § 1003.100 Basis and purpose. § 1003.106 Determinations regarding the proposed to testify at the hearing will be * * * * * exchanged as provided in § 1005.8. (b) * * * amount of the penalty and assessment. (1) * * * (a) * * * * * * * * (iv)(A) Fail to report information (4) In determining the amount of any 4. Section 1005.17 would be amended concerning medical malpractice penalty in accordance with by redesignating existing paragraphs (g) payments or who improperly disclose, § 1003.102(c), the OIG takes into through (j) respectively as new account— use or permit access to information paragraphs (h) through (k); and by reported under part B of title IV of * * * * * adding a new paragraph (g) to read as Public Law 99–660, and regulations (iii) Any other instances where the follows: specified in 45 CFR part 60, or respondent failed to provide appropriate (B) Are health plans and fail to report emergency medical screening, § 1005.17 Evidence. information concerning sanctions or stabilization and treatment of * * * * * other adverse actions imposed on individuals coming to a hospital’s (g) Evidence related to the character providers as required to be reported to emergency department or to effect an the Healthcare Integrity and protection appropriate transfer; and conduct of witnesses may be Data Bank (HIPDB) in accordance with * * * * * introduced only as permitted under section 1128E of the Act; Rule 608 of the Federal Rules of PART 1005Ð[AMENDED] Evidence. * * * * * (xii) Offer inducements that they 1. The authority citation for part 1005 * * * * * know or should know are likely to would continue to read as follows: PART 1008Ð[AMENDED] influence Medicare or State health care Authority: 42 U.S.C. 405(a), 405(b), 1302, program beneficiaries to order or receive 1320a–7, 1320a–7a and 1320c–5. particular items or services; 1. The authority citation for part 1008 (xiii) Are physicians who knowingly 2. Section 1005.7 would by amended would continue to read as follows: misrepresent that a Medicare by revising paragraph (e)(1) to read as Authority: 42 U.S.C. 1320a–7d(b). beneficiary requires home health follows: services; § 1005.7 Discovery. 2. Section 1008.37 would be revised to read as follows: (xiv) Have submitted, or caused to be * * * * * submitted, certain prohibited claims, (e)(1) When a request for production § 1008.37 Disclosure of ownership and including claims for services rendered of documents has been received, within related information. by excluded individuals employed by or 30 days the party receiving that request otherwise under contract with such will either fully respond to the request, Each individual or entity requesting person, under one or more Federal or state that the request is being objected an advisory opinion must supply full health care programs; or to and the reasons for that objection. If and complete information as to the (xv) Violate the Federal health care objection is made to part of an item or identity of each entity owned or programs’ anti-kickback statute as set category, the part will be specified. controlled by the individual or entity, forth in section 1128B of the Act. Upon receiving any objections, the party and of each person with an ownership * * * * * seeking production may then, within 30 or control interest in the entity, as 3. Section 1003.101 would be days or any other time frame set by the defined in section 1124(a)(1) of the amended by republishing the ALJ, file a motion for an order Social Security Act (42 U.S.C. 1320a– introductory text and by revising the compelling discovery. (The party 3(a)(1)) and part 420 of this chapter. definition for the term item or service to receiving a request for production may read as follows: also file a motion for protective order (Approved by the Office of Management any time prior to the date the and Budget under control number 0990– § 1003.101 Definitions. production is due.) 0213) For purposes of this part: * * * * * Dated: May 31, 2000. * * * * * 3. Section 1005.16 would be amended Michael F. Mangano, Item or service includes— by revising paragraph (b) to read as Principal Deputy Inspector General. (1) Any item, device, medical supply follows: or service provided to a patient— Approved: June 29, 2000. (i) Which is listed in an itemized § 1005.16. Witnesses. Donna E. Shalala, claim for program payment or a request * * * * * Secretary. for payment, or (b) At the discretion of the ALJ, [FR Doc. 00–26736 Filed 10–19–00; 8:45 am] (ii) For which payment is included in testimony (other than expert testimony) other Federal or State health care may be admitted in the form of a written BILLING CODE 4152±01±P reimbursement methods, such as a statement. The ALJ may admit prior prospective payment system; and sworn testimony of experts which has (2) In the case of a claim based on been subject to adverse examination, costs, any entry or omission in a cost such as a deposition or trial testimony.

VerDate 112000 15:36 Oct 19, 2000 Jkt 194001 PO 00000 Frm 00021 Fmt 4702 Sfmt 4702 E:\FR\FM\20OCP1.SGM pfrm08 PsN: 20OCP1 63044 Federal Register / Vol. 65, No. 204 / Friday, October 20, 2000 / Proposed Rules

FEDERAL COMMUNICATIONS Members of the public should note FOR FURTHER INFORMATION CONTACT: Pam COMMISSION that from the time a Notice of Proposed Blumenthal, Mass Media Bureau, (202) Rule Making is issued until the matter 418–1600. 47 CFR Part 73 is no longer subject to Commission SUPPLEMENTARY INFORMATION: This is a consideration or court review, all ex synopsis of the Commission’s Notice of [DA 00±2323, MM Docket No. 00±200, RM± parte contacts are prohibited in Proposed Rule Making, MM Docket No. 9967] Commission proceedings, such as this 00–201, adopted October 16, 2000, and one, which involve channel allotments. released October 17, 2000. The full text Digital Television Broadcast Service; See 47 CFR 1.1204(b) for rules of this Commission decision is available Sioux Falls, SD governing permissible ex parte contacts. for inspection and copying during AGENCY: Federal Communications For information regarding proper normal business hours in the FCC Commission. filing procedures for comments, see 47 Reference Center 445 12th Street, SW., CFR 1.415 and 1.420. Washington, DC. The complete text of ACTION: Proposed rule. Federal Communications Commission. this decision may also be purchased SUMMARY: The Commission requests Barbara A. Kreisman, from the Commission’s copy contractor, comments on a petition filed by Chief, Video Services Division, Mass Media International Transcription Services, Midwest Broadcasting Company, Bureau. Inc., (202) 857–3800, 1231 20th Street, permittee of Station KAUN(TV), NTSC [FR Doc. 00–26948 Filed 10–19–00; 8:45 am] NW, Washington, DC 20036. Provisions of the Regulatory Channel 36, Sioux Falls, South Dakota, BILLING CODE 6712±01±P requesting the substitution of DTV Flexibility Act of 1980 do not apply to Channel 51 for Station KAUN(TV)’s this proceeding. Members of the public should note assigned DTV Channel 40. DTV Channel FEDERAL COMMUNICATIONS that from the time a Notice of Proposed 51 can be allotted to Sioux Falls, South COMMISSION Dakota, in compliance with the Rule Making is issued until the matter principle community coverage 47 CFR Part 73 is no longer subject to Commission requirements of Section 73.625(a) at consideration or court review, all ex [DA 00±2324, MM Docket No. 00±201, RM± parte contacts are prohibited in reference coordinates (43–30–19 N. and 9919] 96–34–19 W.). As requested, we propose Commission proceedings, such as this to allot DTV Channel 51 to Sioux Falls Digital Television Broadcast Service; one, which involve channel allotments. with a power of 93 and a height above Portsmouth, VA See 47 CFR 1.1204(b) for rules average terrain (HAAT) of 230 meters. governing permissible ex parte contacts. AGENCY: Federal Communications For information regarding proper DATES: Comments must be filed on or Commission. filing procedures for comments, see 47 before December 8, 2000, and reply CFR 1.415 and 1.420. comments on or before December 26, ACTION: Proposed rule. Federal Communications Commission. 2000. SUMMARY: The Commission requests Barbara A. Kreisman, ADDRESSES: Federal Communications comments on a petition filed by Viacom Broadcasting of Seattle, Inc., licensee of Chief, Video Services Division, Mass Media Commission, 445 12th Street, SW., Bureau. Room TW–A325, Washington, DC station WGNT–TV, NTSC channel 27, [FR Doc. 00–26947 Filed 10–19–00; 8:45 am] 20554. In addition to filing comments Portsmouth, Virginia, requesting the with the FCC, interested parties should substitution of DTV channel 50 for BILLING CODE 6712±01±P serve the petitioner, or its counsel or station WGNT–TV’s assigned DTV consultant, as follows: David M Silver, channel 19. DTV Channel 50 can be DEPARTMENT OF THE INTERIOR Cole, Raywid & Braverman, L.L.P., 1919 allotted to Portsmouth, Virginia, in Pennsylvania Avenue, NW., Suite 200, compliance with the principle Fish and Wildlife Service Washington, DC 20006 (Counsel for community coverage requirements of Midwest Broadcasting Company). Section 73.625(a) at reference 50 CFR Part 17 FOR FURTHER INFORMATION CONTACT: Pam coordinates (36–48–43 N. and 76–27–49 Blumenthal, Mass Media Bureau, (202) W.). As requested, we propose to allot Endangered and Threatened Wildlife 418–1600. DTV Channel 50 to Portsmouth with a and Plants; Notice of Reclassification power of 800 and a height above average SUPPLEMENTARY INFORMATION: This is a of Nine Candidate Taxa terrain (HAAT) of 296 meters. synopsis of the Commission’s Notice of AGENCY: DATES: Comments must be filed on or Fish and Wildlife Service, Proposed Rule Making, MM Docket No. Interior. 00–200, adopted October 16, 2000, and before December 8, 2000, and reply comments on or before December 26, ACTION: Notice of candidate taxa released October 17, 2000. The full text reclassification. of this Commission decision is available 2000. for inspection and copying during ADDRESSES: Federal Communications SUMMARY: We, the U.S. Fish and normal business hours in the FCC Commission, 445 12th Street, SW., Wildlife Service (Service), provide Reference Center, 445 12th Street, SW., Room TW–A325, Washington, DC explanation for a change in the status of Washington, DC. The complete text of 20554. In addition to filing comments one animal and eight plant taxa that this decision may also be purchased with the FCC, interested parties should were under review for possible addition from the Commission’s copy contractor, serve the petitioner, or its counsel or to the Lists of Endangered and International Transcription Services, consultant, as follows: Raymond A. Threatened Wildlife and Plants (Lists) Inc., (202) 857–3800, 1231 20th Street, White, Viacom Broadcasting of Seattle, under the Endangered Species Act of NW., Washington, DC 20036. Inc., c/o Paramount Stations Group, 1973, as amended (Act). We are Provisions of the Regulatory Inc., 5202 River Road, Bethesda, removing these nine species from Flexibility Act of 1980 do not apply to Maryland 20816 (Counsel for Viacom candidate status at this time. Based on this proceeding. Broadcasting of Seattle, Inc.). information gathered on all of these

VerDate 112000 15:36 Oct 19, 2000 Jkt 194001 PO 00000 Frm 00022 Fmt 4702 Sfmt 4702 E:\FR\FM\20OCP1.SGM pfrm08 PsN: 20OCP1 Federal Register / Vol. 65, No. 204 / Friday, October 20, 2000 / Proposed Rules 63045 species, continuation of candidate status ordinances, programs, or other specific populations are known from an area of is no longer warranted. conservation measures that either about 80.4 square kilometers (km) (50 DATES: We will accept comments on this positively or negatively affect a species’ square miles (mi)), with four located on notice at any time. status (i.e., efforts that create, Bureau of Land Management (BLM) ADDRESSES: Comments and questions exacerbate, reduce, or remove threats lands. Recent estimates place the concerning this notice should be identified through the section 4(a)(1) number of plants extant on BLM lands submitted to the Chief, Office of analysis). on Ace Williams Mountain between Conservation and Classification, On October 25, 1999, we published 400,000 to 800,000 individuals. Earlier our most recent annual review of all Division of Endangered Species, U.S. population estimates were 120,000 to candidate taxa (64 FR 57534). As a Fish and Wildlife Service, 1849 C Street, 140,000 individuals (Fredericks 1989b, result of our review, we determined that NW., Mail Stop 420 ARLSQ, 1992). A Conservation Agreement the following species should be Washington, DC 20240. among the BLM, the Forest Service (FS), removed from candidate status based on and the Fish and Wildlife Service was FOR FURTHER INFORMATION CONTACT: our evaluation of the five factors listed signed on April 4, 1996. The agreement Nancy Gloman, Chief, Office of above. This notice provides specific is being implemented, and populations Conservation and Classification, explanations for the reclassification of appear stable and larger than previously Division of Endangered Species, 703/ one animal and eight plant taxa. thought. The threats of timber harvest 358–2171. It is important to note that candidate and cattle grazing are being addressed. SUPPLEMENTARY INFORMATION: assessment is an ongoing function and Based on this information, continuation Background changes in status should be expected. If of candidate status for this species is not we remove taxa from the candidate list, warranted. The Endangered Species Act of 1973, they may be restored to candidate status Eriogonum argophyllum (Sulphur as amended (Act) (16 U.S.C. 1531 et if additional information supporting Springs buckwheat) consists of 3,700 to seq.), requires that we identify taxa of such a change becomes available to us. 5,000 individuals restricted to wildlife and plants that are endangered We issue requests for such information approximately 8 hectares (ha) (20 acres or threatened, based on the best in a Candidate Notice of Review (ac)) of private land on the mound of available scientific and commercial published in the Federal Register every Sulphur Hot Springs in northern Ruby information. As part of this program, we year. Valley, Elko County, Nevada. The have maintained a list of taxa we regard Findings species was considered to warrant a as candidates for addition to the Lists. proposal to list as threatened due to A candidate is one for which we have The McCloud River redband trout large-scale disturbance associated with on file sufficient information on (Oncorhynchus mykiss ssp.) is native to geothermal and other land or resource biological vulnerability and threats to the McCloud River system in northern development, including diversion of support a proposal to list as endangered California. The species was considered surface water and lowering of the water or threatened. Section 4(a)(1) of the Act to warrant a proposal to list as table. The threat of geothermal requires us to examine five factors to threatened due to habitat degradation, development has been eliminated. We determine whether a species should or recreational fishing, and stocking of are aware of no proposals for geothermal should not be added to the Lists: hatchery fish. In December 1998, a or other development of the Sulphur (A) The present or threatened Conservation Agreement and Strategy Hot Springs site at this time, nor do we destruction, modification, or was completed and signed in a have any indication that proposals will curtailment of the species’ habitat or collaborative effort between Federal and be made in the foreseeable future. In range; State agencies, private industry, and addition the area is fenced which will (B) Overutilization of the species for private citizens. Implementation of the protect against off-highway vehicle commercial, recreational, scientific, or Conservation Strategy will reduce activity and impacts from livestock. The educational purposes; threats to the McCloud River redband Sulphur Springs buckwheat is protected (C) Disease or predation affecting the trout, such as fish stocking, recreational by the State of Nevada as ‘‘critically species; fishing, stream barriers, and land endangered,’’ and the Nevada Division (D) The inadequacy of existing management activities that degrade the of Forestry (NDF) does monitor any regulatory mechanisms to protect the species habitat. The strategy delineates potentially harmful activities at or near species; and a refugium to be managed specifically the Sulphur Hot Springs site and would (E) Other natural or manmade factors for the protection and enhancement of require habitat protection and other affecting the species’ continued redbands and their habitat and provides mitigation, as appropriate, prior to existence. for the development of a watershed issuing any permits to allow any After review of these factors we are improvement plan to address disturbance of the species. Based on this required to make a determination sedimentation, bank stabilization, information, no current and no ‘‘solely on the basis of the best scientific barrier development or removal, foreseeable threats can be identified to and commercial data available’’ and riparian restoration, and habitat the population. Therefore the ‘‘taking into account those efforts, if enhancement. The strategy also continuation of candidate status for this any, being made by any State or foreign provides for the monitoring of grazing species is not warranted.] nation, or any political subdivision of a and timber practices; closing of roads; Lathyrus biflorus (two-flowered State or foreign nation, to protect such fencing of streams; and the development lathyrus) is known only from Red species, whether by predator control, of flood and drought contingency plans. Mountain in northern Humboldt protection of habitat and food supply, or Based on this information, continuation County, California. Our best available other conservation practices, within any of candidate status for this species is not information indicates that no current area under its jurisdiction, or on the warranted. and no foreseeable threats can be high seas.’’ Sections 4(a)(1) and Calochortus umpquaensis (Umpqua identified to the population and that 4(b)(1)(A) and our regulations at 50 CFR mariposa lily) was described by much adjacent potential habitat remains 424.11(f) require us to consider any Fredericks in 1989 in Douglas County, uninventoried. We previously had State or local laws, regulations, Oregon (Fredericks 1989a). Fourteen reason to believe that the property

VerDate 112000 15:36 Oct 19, 2000 Jkt 194001 PO 00000 Frm 00023 Fmt 4702 Sfmt 4702 E:\FR\FM\20OCP1.SGM pfrm08 PsN: 20OCP1 63046 Federal Register / Vol. 65, No. 204 / Friday, October 20, 2000 / Proposed Rules would likely be developed. However, National Forest; in 1995, the Forest reduce or eliminate the threats facing given that the area is remote and has Service completed a conservation this species and ensures the survival many access problems, immediate and assessment and strategy for the and conservation of the species. Based future development of the parcel is not Coconino and Kaibab National Forests. on this information, continuation of likely. The California Department of These strategies have become part of a candidate status for this species is not Fish and Game and the California 1999 conservation agreement between warranted. Department of Forestry and Fire the Forest Service and us that will Allium gooddingii (Goodding’s onion) Protection are aware of the species and ensure the survival and conservation of is an herbaceous perennial plant intend to protect its habitat. Based on the species. Based on this information, occurring most frequently in drainage this information, no current and no no current and no foreseeable threats bottoms associated with perennial, foreseeable threats can be identified to can be identified to the population. intermittent streams, and on moist, the population. Therefore the Therefore the continuation of candidate north-facing slopes of mature mixed- continuation of candidate status for this status for this species is not warranted. conifer and spruce-fir forests. A. species is not warranted. Zanthoxylum parvum (Shinner’s gooddingii is found on lands in the Silene campanulata ssp. campanulata tickle-tongue) is a plant member of the Apache-Sitgreaves, Coronado, Lincoln, (Red Mountain campion (or catchfly)) oak-maple complex community and Gila National Forests. Habitat occurs in chaparral and lower understory and was known only from 2 destruction and modification from coniferous forests on the mostly eastern populations (each containing less than logging, road construction, and grazing side of the northern Coast Mountain 20 small individuals, all male) in the were considered the primary threats to Range, California. Local agency Davis Mountains, in arid west Texas. the species. A 1998 conservation botantists have determined that Recently we received reports from The agreement between the FS and us populations of Silene found on BLM Nature Conservancy of Texas and from ensures the continued survival and and FS lands are a subspecies of Silene Dr. Jim Zechs, Sul Ross University, that conservation of A. gooddingii. Some other than Silene campanulata ssp. several additional sites have been components of the agreement that campanulata. At this time, the expert found, including some female plants. reduce or eliminate threats to the onion for this species maintains that the Dr. Zechs now believes that the total include maintaining the canopy cover standing of the taxon, Silene number of sites is between seven and and avoiding ground disturbance and campanulata ssp. campanulata, is nine. We do not have any further erosion during timber harvesting doubtful and that certain collections are information, however, on locality and activities in and near occupied sites, intermediates (hybrids) between Silene population status for these new sites. prohibiting new livestock structures that campanulata ssp. campanulata and The Nature Conservancy of Texas has would attract grazing ungulates to Silene campanulata ssp. glanulosa. recently acquired significant new lands occupied sites, and prohibiting or Originally the subspecies was thought to in the area, and has secured redesigning new roads and trails found be restricted to Red Mountain in conservation easements on others, to adversely affect the onion. Based on Mendocino County, California, where which may improve conservation for the this information, continuation of subsurface and surface mining of nickel species. The biological, threat, and candidate status for this species is not and cobalt threaten two populations. conservation information appears to be warranted. Since 1980, additional populations have substantially changed for this species; been discovered. Beginning in 1993, as based on this information, continuation We have removed the taxa listed many as seven additional populations of candidate status for this species is not below from the candidate list. However, were documented. No documentation of warranted. we did not provide an explanation for any threats to the newly discovered Arabis pusilla (small rock-cress) is their change in status in this notice, populations and the uncertain endemic (native) to Wyoming, occurring since we published this information taxonomic status have led us to within the southern Wind River previously in the Federal Register on discontinue candidate status for this Mountains. The species was only the dates given: species. Therefore, at this time we do recently discovered and is known from Clematis hirsutissma var. arizonica not have on file sufficient information a single documented population and (Arizona leatherflower), January 9, 1998 on biological vulnerability and threats type locality estimated at approximately (63 FR 1418); Astragalus oophorus var. to support a proposal to list as 1,000 plants scattered over a 64.8-ha clokeyanus (Clokey’s egg-vetch), endangered or threatened. (160-ac) area. Lands containing A. Castilleja elongata (tall paintbrush), Cimicifuga arizonica (Arizona pussila are completely under BLM Dalea tentaculoides (Gentry’s bugbane) is an herbaceous perennial jurisdiction. Adverse impacts to the indigobush), Pediocactus paradinei plant that occurs in mixed-conifer and plant and its habitat were occurring (Kaibab plains cactus), April 2, 1998 (63 high-elevation riparian deciduous until 1994 when BLM approved the A. FR16217); Columbia spotted frog forests and is known only from National pusilla Habitat Management Plan (Wasatch front population and West Forest lands in central Arizona, within (HMP). At that time, BLM implemented Desert population) (Rana luteiventris), Coconino and Gila Counties. The an emergency closure of the Habitat April 2, 1998 (63 FR 16218); Florida species was primarily considered Management Area to all mechanized black bear (Ursus americanus threatened due to activities, such as and nonmotorized vehicle use, and in floridanus), December 8, 1998 (63 FR livestock grazing and timber harvest, 1996 constructed a cattle exclosure 67613); Lesquerella stonensis (Stones that reduce canopy closure and destroy fence around the habitat. The 1998 River bladderpod May 11, 1999 (64 FR shaded areas that the species needs for Green River Resource Management Plan 25216). survival. The three National Forests that designated the area as a Plant Area of Author contain all known populations of this Critical Environmental Concern, and species have developed conservation provides a no-surface-occupancy This notice was compiled from strategies adequate to protect the stipulation for oil and gas development. materials supplied by staff biologists species. The Forest Service completed Although A. pussila is still rare, BLM’s located in the Service’s regional and its conservation strategy in 1993 and activities in approving and field offices. The materials were updated it in 1999 for the Tonto implementing the HMP have served to compiled by Susan Jacobsen, Division of

VerDate 112000 15:36 Oct 19, 2000 Jkt 194001 PO 00000 Frm 00024 Fmt 4702 Sfmt 4702 E:\FR\FM\20OCP1.SGM pfrm08 PsN: 20OCP1 Federal Register / Vol. 65, No. 204 / Friday, October 20, 2000 / Proposed Rules 63047

Endangered Species (see ADDRESSES Comments and materials received will comments and information submitted section). be available for public inspection, by during the comment period need not be Authority: The authority for this action is appointment, during normal business resubmitted. hours at the above Fish and Wildlife the Endangered Species Act of 1973, as Author amended, 16 U.S.C. 1531 et seq. Service address. The primary authors of this notice are Dated: October 13, 2000. FOR FURTHER INFORMATION CONTACT: Joy Nicholopoulos, Field Supervisor, New the New Mexico Field Office staff (see Jamie Rappaport Clark, ADDRESSES section). Director, U.S. Fish and Wildlife Service. Mexico Ecological Services Field Office, at the above address; telephone 505/ Authority: The authority for this action is [FR Doc. 00–26968 Filed 10–19–00; 8:45 am] 346–2525, facsimile 505/346–2542. the Endangered Species Act of 1973 (16 BILLING CODE 4310±55±U U.S.C. 1531 et seq.). SUPPLEMENTARY INFORMATION: Nancy M. Kaufman, Background DEPARTMENT OF THE INTERIOR Regional Director, Region 2. On July 21, 2000, we published in the [FR Doc. 00–26976 Filed 10–19–00; 8:45 am] Fish and Wildlife Service Federal Register a proposed rule to BILLING CODE 4310±55±U designate critical habitat for the 50 CFR Part 17 Mexican spotted owl (65 FR 45336). The comment period for the proposed DEPARTMENT OF COMMERCE RIN 1018±AG29 designation closed on September 19, Endangered and Threatened Wildlife 2000. Section 4(b)(2) of the Endangered National Oceanic and Atmospheric and Plants; Reopening of Comment Species Act requires that we designate Administration Period on Proposed Critical Habitat for or revise critical habitat based upon the the Mexican Spotted Owl; Availability best scientific and commercial data 50 CFR Part 660 of Draft Economic Analysis and Draft available and after taking into consideration the economic impact, and [Docket No.; 000906253-0253-01; I.D. Environmental Assessment 061500E] any other relevant impact, of specifying AGENCY: Fish and Wildlife Service, any particular area as critical habitat. RIN 0648-AL51 Interior. We may exclude an area from critical ACTION: Proposed rule; reopening of habitat if we determine that the benefits Fisheries off West Coast States and in comment period, notice of availability. of excluding the area outweigh the the Western Pacific; West Coast benefits of including the area as critical Salmon Fisheries; Amendment 14 SUMMARY: We, the U.S. Fish and habitat, provided such exclusion will AGENCY: Wildlife Service, announce the National Marine Fisheries not result in the extinction of the Service (NMFS), National Oceanic and availability of the draft Economic species. Consequently, we have Analysis and draft Environmental Atmospheric Administration (NOAA), prepared a draft economic analysis Commerce. Assessment for the proposal to concerning the proposed critical habitat designate critical habitat for the ACTION: Proposed rule; request for designation, which is available for comments. Mexican spotted owl (Strix occidentalis review and comment at the above lucida) under the Endangered Species Internet and mailing addresses. SUMMARY: NMFS proposes regulations to Act of 1973, as amended. We are also Approximately 5.5 million hectares implement portions of Amendment 14 reopening the public comment period (13.5 million acres) of land fall within to the Fishery Management Plan for for the proposal. The new comment the boundaries of the proposed critical Commercial and Recreational Salmon period will allow all interested parties habitat in Arizona, Colorado, New Fisheries off the Coasts of Washington, to submit comments on the draft Mexico, and Utah. Proposed critical Oregon, and California (Salmon FMP). Economic Analysis, draft Environmental habitat is primarily composed of Federal Amendment 14, which was submitted Assessment, and any other aspect of the lands. If this proposal is made final, by the Pacific Fishery Management proposed designation. section 7 of the Act would prohibit Council (Council) on June 12, 2000, to DATES: The comment period for this destruction or adverse modification of the Secretary of Commerce (Secretary) proposal, which originally closed on critical habitat by any activity funded, for review and approval, brings the September 19, 2000, is reopened and authorized, or carried out by any Salmon FMP into compliance with the now closes on November 20, 2000. Federal agency. Sustainable Fisheries Act’s (SFA) 1996 Comments on the draft Economic amendments to the Magnuson-Stevens Analysis, draft Environmental Public Comments Solicited Fishery Conservation and Management Assessment, and any other aspect of the We solicit comments on the draft Act (Magnuson-Stevens Act). proposed designation must be received Economic Analysis described in this Amendment 14 includes designation of by the closing date. notice, the draft Environmental essential fish habitat (EFH) and new ADDRESSES: If you wish to comment, Assessment, and any other aspect of the requirements to reduce bycatch, prevent you may submit your comments and proposed designation of critical habitat overfishing, and rebuild overfished materials to the Field Supervisor, U.S. for the Mexican spotted owl. The stocks. This proposed rule to implement Fish and Wildlife Service, New Mexico comment period is extended to Amendment 14 would make minor Ecological Services Field Office, 2105 November 20, 2000. Written comments changes to language regarding Osuna NE, Albuquerque, New Mexico, may be submitted to the Field escapement and management goals; 87113. Copies of the draft Economic Supervisor at the above address. Our implement a new recreational allocation Analysis and draft Environmental final determination on the proposed to the Port of La Push and adjust the Assessment are available from the critical habitat will take into Neah Bay allocation accordingly; add aforementioned address, or over the consideration comments and any preseason flexibility for recreational internet at additional information received by the port allocations north of Cape Falcon; http://ifw2es.fws.gov/library/. date specified above. All previous and implement preseason flexibility in

VerDate 112000 16:13 Oct 19, 2000 Jkt 194001 PO 00000 Frm 00025 Fmt 4702 Sfmt 4702 E:\FR\FM\20OCP1.SGM pfrm11 PsN: 20OCP1 63048 Federal Register / Vol. 65, No. 204 / Friday, October 20, 2000 / Proposed Rules setting recreational port allocation or compliance with the 1996 SFA Amendment 14 establishes a recreational and commercial allocations amendments to the Magnuson-Stevens recreational allocation for the La Push North of Cape Falcon to take advantage Act; establish a new recreational Port area separate from the Neah Bay of selective fishing opportunities for allocation for the Port of La Push, WA, port area, and the Annual Actions marked hatchery fish. and add flexibility to deviate from section (660.408(c)(v)) would be DATES: Comments must be submitted in specified recreational Port allocations modified accordingly. The La Push writing by December 4, 2000. with the agreement of representatives subarea allocation would be set at 5.2 ADDRESSES: Send comments to Donna from the affected Ports; and establish percent, which is approximately 20 Darm, Acting Regional Administrator, preseason flexibility to deviate from percent of the former combined Neah Northwest Region, NMFS, 7600 Sand commercial and recreational gear Bay/La Push allocation. This portion is Point Way N.E., Seattle, WA 98115- allocations and recreational port equal to the level provided to La Push 0070, fax: 206-526-6376; or to Rebecca allocations North of Cape Falcon, OR in during the annual preseason process Lent, Regional Administrator, order to access marked hatchery salmon beginning in 1990. In addition, during Southwest Region, NMFS, 501 West in selective fisheries. years when there is an Area 4B add-on With the approval by the Secretary, Ocean Boulevard, Suite 4200, Long fishery inside Washington internal Amendment 14 revises the Salmon FMP Beach, CA 90802-4213, fax: 562-980- waters (which benefits only Neah Bay). to bring it into compliance with the 4018. Send comments regarding any Twenty-five percent of the numerical 1996 amendments to the Magnuson- ambiguity or unnecessary complexity value of that fishery shall be added to Stevens Act. The most significant arising from the language used in this the recreational allowable ocean harvest changes include a new definition of rule to Donna Darm or Rebecca Lent. north of Leadbetter Point prior to optimum yield (OY); a bycatch Comments will not be accepted if applying the sharing percentages for definition and new requirements to Westport and La Push. The increase to submitted via email or Internet. reduce bycatch; new requirements Copies of Amendments 14 and the Westport and La Push will be subtracted designed to prevent overfishing and final supplemental environmental from the Neah Bay ocean share to rebuild overfished stocks; and the impact statement (FSEIS)/regulatory maintain the same total harvest designation of EFH, with a discussion of impact review (RIR)/initial regulatory allocation north of Leadbetter Point. threats to EFH and recommended flexibility analysis (IRFA), along with Therefore, La Push would receive 2.6 measures to conserve and enhance EFH. the appendices and the Review of 1999 percent of the basic coho allocation plus A new section in chapter 1 entitled 1.2 percent of the Area 4B add-on. Ocean Salmon Fisheries are available ‘‘What this Plan Covers’’ was added to from Dr. Donald O. McIsaac, Executive Section 660.408(c)(v)(A) would be the Salmon FMP to provide a clear modified to allow flexibility to deviate Director, Pacific Fishery Management description of management actions Council, 2130 SW Fifth Ave., Suite 224, from Salmon FMP subarea quotas in included in the document. In addition, order to meet recreational fishery Portland, OR 97201. the amendment provides information on objectives, if those measures are agreed FOR FURTHER INFORMATION CONTACT: fishery-specific stock impacts and to by representatives of the affected Christopher L. Wright at 206- 526-6140, updates the fishery description to ports. In addition, the regulation would Svein Fougner at 562-980-4040, or Dr. reference new appendices. Donald O. McIsaac at 503-326-6352. Only some of the changes made by establish a Council process to deviate from the non-Indian recreational and/or SUPPLEMENTARY INFORMATION: Amendment 14 are intended to be codified in the regulations. Specifically, commercial allocations north of Cape Background this proposed rule would make minor Falcon to selectively harvest hatchery- The Secretary approved the Salmon changes to language regarding produced coho salmon, while not FMP under the Magnuson-Stevens escapement and management goals; increasing impacts to natural stocks. Fishery Conservation and Management implement a new recreational allocation Minor changes to the regulatory Act (Magnuson-Stevens Act), 16 U.S.C. to the Port of La Push and adjust the language in 50 CFR part 660 necessary 1801 et seq., in 1978. The Council has Neah Bay allocation accordingly; add to implement Amendment 14 would amended the Salmon FMP 13 times preseason flexibility for recreational also be made. since 1978. The regulations are codified port allocations North of Cape Falcon; Classification at 50 CFR part 660, subpart H. The and implement preseason flexibility in Salmon FMP was amended annually setting recreational port allocation or NMFS has determined that from 1979 to 1983; however, in 1984, a recreational and commercial allocations Amendment 14 is consistent with the framework amendment was North of Cape Falcon to take advantage national standards and other provisions implemented that provided the of selective fishing opportunities. of the Magnuson-Stevens Act and other mechanism for making preseason and The former Escapement and applicable laws. inseason adjustments in the regulations Management goals section, § 660.410(a), The Council prepared an Initial without annual amendments. was changed to a new Conservation Regulatory Flexibility Analysis (IRFA) The Council prepared Amendment 14 Objectives section. The SFA describing the economic impacts to to the Salmon FMP and submitted it on amendments require the Council to small entities of all the alternatives June 12, 2000, for Secretarial review. manage each year to achieve the considered in the this proposed rule. A NMFS published a notice of availability maximum sustained yield (MSY) or copy of the analysis is available from for Amendment 14 in the Federal maximum sustainable production the Council (see ADDRESSES). A Register on June 27, 2000 (65 FR 39584), (MSP), MSY proxy, or rebuilding summary of the analysis follows: announcing a 60-day public comment schedule. The control rule triggers an The proposed rule would make five period, which ended on August 28, overfishing concern when individual changes to the existing regulations. Only 2000. NMFS approved Amendment 14 stocks fail to meet conservation items 2-5 have regulatory effects that are on September 27, 2000. objectives for three consecutive years (§ subject to analysis under Executive Amendment 14 has multiple parts. 660.410(b)(1)). Conservation objectives Order 12866 and the Regulatory The major parts of the amendment are summarized in Table 3-1 of the Flexibility Act (RFA). The regulatory revise the Salmon FMP to bring it into Salmon FMP. changes include:

VerDate 112000 15:36 Oct 19, 2000 Jkt 194001 PO 00000 Frm 00026 Fmt 4702 Sfmt 4702 E:\FR\FM\20OCP1.SGM pfrm08 PsN: 20OCP1 Federal Register / Vol. 65, No. 204 / Friday, October 20, 2000 / Proposed Rules 63049

1. Minor changes to the description of the Ocean Salmon Fishery and Its Social management decisions require approval escapement and management goals. and Economic Characteristics (August by representatives of affected ports. 2. Providing a specific recreational 1999),’’ ‘‘Review of 1999 Ocean Salmon Flexibility in setting preseason allocation to the Port of La Push. Fisheries (February 2000) and recreational port allocations or 3. Adjusting the recreational port ‘‘Amendment 14 to the Pacific Coast recreational and commercial allocations allocations when there is an Area 4B Salmon Plan (1997) [Errata].’’ A north of Cape Falcon for selective add-on fishery to account for the summary of the economic impacts of fishing on hatchery stock coho would specific allocation to the Port of La this proposed rule follows: likely lead to positive economic effects Push. A fish harvesting or hatchery business on ocean fisheries because such 4. Providing preseason flexibility for is considered a small business if it is measures result in increased fishing recreational port allocations to allow for independently owned and operated, it opportunities when such fish are deviation from subarea allocations to does not dominate its field of available. These selective fisheries are meet recreational objectives, if agreed to operations, and if it has annual receipts open primarily in August and by representatives of affected ports. that are not in excess of $3 million. For September, although the Council may 5. Adding preseason flexibility for charter/party boats, a small business is consider opening selective fisheries at setting recreational port allocations, or one with annual receipts that are not in other times. Compared to the original recreational and commercial allocations excess of $5 million. The proposed allocation scheme the selective fishery North of Cape Falcon, to selectively changes to existing salmon regulations regime does not increase the mortality target hatchery-origin stocks. directly affect the operations of non- of natural stocks. Other allocation All of these changes address tribal commercial ocean troll and objectives (i.e., treaty, Indian, or ocean management of coho and chinook charter boat vessels. Although total and inside allocations) are addressed fisheries that operate in ocean waters salmon and non-salmon fishery revenue during the negotiations in the North of north of Cape Falcon, OR to the U.S.- is not discussed, for commercial ocean Cape of Falcon Forum. Canada Border (Cape Falcon is south of troll and charter boat sectors the The general effects of the proposed the Columbia River mouth, between the economics of this industry suggest that regulatory changes are to provide Ports of Garibaldi and Astoria, OR). they are considered small entities under flexibility to the Council’s decision Therefore, this proposed rule directly the RFA thresholds for a single firm. making processes and allow increased affects the non-tribal commercial troll During 1997, the north of Cape Falcon fish harvest levels, when possible, fisheries and recreational fisheries in ocean recreational salmon harvest was through pre-season allocation setting these waters. These fisheries are a 31,200 coho and the non-tribal procedures. User groups (non-tribal component of the North of Cape Falcon commercial harvest was 0 coho and ocean troll and ocean recreational Forum, in which Federal, state, and 6,400 chinook. Ocean recreational fisheries) participate directly in the Tribal co-managers work directly with private and charter boat trips numbered consultative processes, so it is unlikely commercial and recreational harvesting approximately 102,000 in 1997, and the that any single group will suffer groups to resolve management and 57 vessels that participated in the ocean economically while some or all user allocation issues involving both ocean commercial troll fishery landed $1.2 groups may benefit. The consultation and inside salmon fisheries in the million of salmon. Approximately 82 process is designed to provide the region. Inside fisheries occur in Puget charter boats operated out of the major maximum economic benefits to all user Sound, Washington coastal rivers and ports, including Neah Bay, La Push, groups. estuaries, and the Columbia River. Westport, Ilwaco, and Astoria, The intended effect of this proposed Therefore, the Council’s decisions associated with north of Cape Falcon rule is to employ management measures concerning these non-tribal fisheries ocean fisheries. These charter vessels that minimize impacts to species, indirectly affect Columbia River, undertook a total of approximately stocks, or size/age classes of concern, Willapa Bay, and Grays Harbor gillnet 14,000 angler trips in 1997, and fished while maximizing access to harvestable fisheries; Puget Sound, Washington for salmon, tuna, bottomfish, sturgeon. fish. This is accomplished through coastal and Columbia River tribal About 70 of these vessels are considered management measures including gear fisheries; and Puget sound non-tribal salmon charter boats. The combined restrictions, time/area closures, and commercial and recreational fisheries. regional income produced by the north catch or retention restrictions that allow In addition to coho and chinook, these of Cape Falcon salmon fisheries was fishermen to harvest marked hatchery inside fisheries also harvest chum, approximately $2.1 million in 1997. salmon and release natural-origin fish. sockeye, and pink salmon. Management Approximately $200,000 of that amount Analysis of 1996 fishery information of West Coast ocean salmon fisheries is was generated by commercial trolling, shows that selective ocean coho harvest also subject to international catch and recreational charter and private boat could be increased by over 300 percent sharing agreements because West Coast trips generated the remainder. without impacting natural stocks. salmon stocks are among those The economic effects of the proposed Without such selective fisheries, total harvested in Alaska and Canadian regulations are expected to be generally salmon harvest would have to be salmon fisheries. Salmon harvest positive. The proposed regulatory sharply reduced to protect depressed allocations and regulations also affect changes are intended to reallocate fish natural stocks. These procedures also salmon processors and wholesalers, as among small entities with the intent of allow managers to make in-season well as associated support industries increasing overall harvest. The Port of trades between ocean fisheries and other including tourism, hotels, bait and La Push regulations formalize practices fisheries, and between user groups in tackle shops, and marinas. that have been employed for a number order to increase harvest opportunities The economic effects that these of years; La Push would receive 2.6 for all user groups. proposed regulations would have are percent of the basic coho allocation plus Insufficient data preclude a described in the Pacific Fishery 1.2 percent of the Area 4B add-on. quantitative analysis; however, the Management Council’s ‘‘Amendment 14 Flexibility to deviate from subarea Council’s qualitative cost-benefit to the Pacific Coast Salmon Plan (May allocations in order to meet recreational summary in support of Executive Order 2000)’’ and supporting documents objectives is expected to result in only 12866 assesses the direct and indirect including ‘‘Appendix B - Description of positive economic effects because such economic effects of the proposed

VerDate 112000 15:36 Oct 19, 2000 Jkt 194001 PO 00000 Frm 00027 Fmt 4702 Sfmt 4702 E:\FR\FM\20OCP1.SGM pfrm08 PsN: 20OCP1 63050 Federal Register / Vol. 65, No. 204 / Friday, October 20, 2000 / Proposed Rules regulatory changes. This analysis shows natural stocks of listed and non-listed Management Plan, as amended, for that these changes would allow species. While there are some commercial and recreational ocean increased numbers of recreational and uncertainties regarding the effects of salmon fisheries in the Exclusive charter boat salmon fishing trips; selective fisheries on naturally Economic Zone (EEZ)(3 to 200 nautical however, recreational catch rates and spawning stocks, NMFS retains the miles offshore) off Washington, Oregon, retained catch rates would decline. The authority and responsibility for ensuring and California. The Salmon FMP was ocean troll fishery quotas would not be that annual management measures first developed by the Pacific Fishery directly reduced as a result of proposed developed under the Salmon FMP Management Council (PFMC or Council) regulatory changes, but cost per unit of comply with ESA consultation and approved by the Secretary in 1978. harvest may increase because of the standards, and that analysis of these The Salmon FMP was amended on selective fishery regulations. Indirect measures is based on the best available October 31, 1984, to establish a economic effects on inside fisheries may science. The remaining elements of the framework process to develop and be positive or negative, depending on amendment, including recreational implement fishery management actions. which selective fisheries are employed allocation, definition of OY, and various Other names commonly used include: in the ocean and inside fisheries. The editorial changes will have no effect on Pacific Coast Salmon Fishery State of Washington has adopted management of listed stocks. Management Plan, West Coast Salmon selective fishing practices for inside Based on these considerations, NMFS Plan, West Coast Salmon Fishery coho fisheries. Selective practices for concluded that Amendment 14 and its Management Plan. inside chinook fisheries are still under implementing regulations are not likely * * * * * development because of the difficulty in to adversely affect any of the salmon modeling selective fishery impacts on stocks presently listed under ESA or 3. In § 660.408, the first two sentences chinook stocks. However, ocean their critical habitat. in paragraph (c)(1)(ii), paragraph harvests of inside chinook stocks are The Council prepared an FSEIS for (c)(1)(v), paragraph (c)(1)(v)(A), and the minimal and managing such stocks will Amendment 14. The FSEIS has been last sentence in paragraph (c)(1)(vi) are be primarily driven by Endangered incorporated in the Amendment 14 revised; paragraph (c)(1)(viii) is Species Act (ESA) requirements and document and may be obtained from the redesignated as paragraph (c)(1)(ix), and State of Washington decisions Council (see ADDRESSES). A notice of paragraph (c)(1)(ix) is redesignated as concerning the future of its fisheries. availability of the FSEIS was published paragraph (c)(1)(x) and a new paragraph In developing these regulations the on August 11, 2000 (65 FR 49237). (c)(1)(viii) is added to read as follows: Council tried to minimize impacts on The President has directed Federal § 660.408 Annual actions. small entities. For example, the Council agencies to use plain language in their * * * * * was aware of the allocative effects of communications with the public, selective fisheries on small entities including regulations. To comply with (c) * * * participating in ocean fisheries, and this directive, we seek public comment (1) * * * developed regulations to enhance on any ambiguity or unnecessary (ii) Deviations from allocation selective fishing options in August and complexity arising from the language schedule. The initial allocation may be September. This limits the amount of used in this rule (see ADDRESSES). modified annually in accordance with reallocation between inside and outside paragraphs (c)(1)(iii) through (viii) of fisheries and therefore reduces impacts List of Subjects in 50 CFR Part 660 this section. These deviations from the on such small entities. The public is Administrative practice and allocation schedule provide flexibility invited to comment on the IRFA and the procedure, American Samoa, Fisheries, to account for the dynamic nature of the economic analysis, whether there are Fishing, Guam, Hawaiian Natives, fisheries and better achieve the additional economic impacts that Indians, Northern Mariana Islands, allocation objectives and fishery should be considered, and whether Reporting and recordkeeping allocation priorities in paragraphs there are ways to reduce any adverse requirements. (c)(1)(ix) and (x) of this section. * * * effects on small entities. The proposed rule has been Dated: October 13, 2000. * * * * * determined to be not significant for the Clarence Pautzke, (v) Recreational allocation. The purposes of Executive Order 12866. Acting Assistant Administrator, National recreational allowable ocean harvest of The NMFS Northwest Region has Marine Fisheries Service. chinook and coho derived during the completed a Section 7 informal For the reasons set out in the preseason allocation process will be consultation under the Endangered preamble, NMFS proposes to amend 50 distributed among the four major Species Act (ESA) on the effects of CFR part 660 as follows: recreational subareas as described in the Amendment 14 on listed salmon stocks. coho and chinook distribution in this Amendment 14 does not by itself PART 660Ð FISHERIES OFF WEST section. The Council may deviate from authorize any fishing or other activity COAST STATES AND IN THE subarea quotas to meet recreational that would result in the take of listed WESTERN PACIFIC season objectives based on agreement of fish. It modifies certain aspects of the representatives of the affected ports current Salmon FMP but in no way 1. The authority citation for part 660 and/or in accordance with Section affects the existing Salmon FMP continues to read as follows: 6.5.3.2 of the Pacific Coast Salmon Plan requirements that management Authority: 16 U.S.C. 1801 et seq. with regard to certain selective fisheries. measures comply with NMFS ESA 2. In § 660.402, the definition ‘‘Pacific Additionally, based upon the consultation standards for listed Coast Salmon Plan’’ is added in recommendation of the recreational species. Three of the Amendment 14 alphabetical order to read as follows: Salmon Advisory Subpanel components (overfishing, EFH, and representatives for the area north of bycatch) will result in neutral effects or § 660.402 Definitions. Cape Falcon, the Council will include in more conservative management of * * * * * criteria in its preseason salmon non-listed salmon stocks, and should Pacific Coast Salmon Plan (PCSP or management recommendations to guide therefore provide greater protection to Salmon FMP) means the Fishery any inseason transfer of coho among the

VerDate 112000 15:36 Oct 19, 2000 Jkt 194001 PO 00000 Frm 00028 Fmt 4702 Sfmt 4702 E:\FR\FM\20OCP1.SGM pfrm08 PsN: 20OCP1 Federal Register / Vol. 65, No. 204 / Friday, October 20, 2000 / Proposed Rules 63051 recreational subareas to meet The increase to Westport and La Push and process specified in Section 6.5.3.2 recreational season duration objectives. will be subtracted from the Neah Bay of the Pacific Coast Salmon Plan. (A) Coho distribution. The preseason ocean share to maintain the same total * * * * * recreational allowable ocean harvest of harvest allocation north of Leadbetter 4. In § 660.410, the section heading, coho north of Cape Falcon will be Point. Each of the four recreational port paragraphs (a) and (b)(1) are revised to distributed to provide 50 percent to the area allocations will be rounded to the read as follows: nearest hundred fish, with the largest area north of Leadbetter Point and 50 § 660.410 Conservation objectives. percent to the area south of Leadbetter quotas rounded downward if necessary Point. In years with no fishery in to sum to the preseason recreational (a) The conservation objectives are Washington State management area 4B, allowable ocean harvest of coho north of summarized in Table 3-1 of the Pacific the distribution of coho north of Cape Falcon. Coast Salmon Plan. Leadbetter Point will be divided to * * * * * (b) * * * provide 74 percent to the subarea (1) A comprehensive technical review (vi) Inseason trades and transfers. * * of the best scientific information between Leadbetter Point and the * Inseason trades or transfers may vary Queets River (Westport), 5.2 percent to available provides conclusive evidence from the guideline ratio of four coho to that, in the view of the Council, the the subarea between Queets River and one chinook to meet the allocation Cape Flattery (La Push), and 20.8 Scientific and Statistical Committee, objectives in paragraph (c)(1)(ix) of this and the Salmon Technical Team, percent to the area north of the Queets section. River (Neah Bay). In years when there justifies modification of a conservation is an Area 4B (Neah Bay) fishery under * * * * * objective; except that the 35,000 natural state management, 25 percent of the (viii) Selective Fisheries. Deviations spawner floor for Klamath River fall numerical value of that fishery shall be from the initial gear and port area chinook may only be changed by FMP added to the recreational allowable allocations may be allowed to amendment. ocean harvest north of Leadbetter Point implement selective fisheries for * * * * * prior to applying the sharing marked salmon stocks as long as the [FR Doc. 00–26935 Filed 10–19–00; 8:45 am] percentages for Westport and La Push. deviations are within the constraints BILLING CODE: 3510±22 ±S

VerDate 112000 15:36 Oct 19, 2000 Jkt 194001 PO 00000 Frm 00029 Fmt 4702 Sfmt 4702 E:\FR\FM\20OCP1.SGM pfrm08 PsN: 20OCP1 63052

Notices Federal Register Vol. 65, No. 204

Friday, October 20, 2000

This section of the FEDERAL REGISTER finances goods and related services ADDRESSES: Applications will be contains documents other than rules or under its Commodity Import Program accepted by the Farm Service Agency proposed rules that are applicable to the which are contracted for by public and (FSA) State Executive Director in the public. Notices of hearings and investigations, private entities in the countries respective State in which the pilot committee meetings, agency decisions and receiving the USAID Assistance. Since project is proposed to be conducted. rulings, delegations of authority, filing of petitions and applications and agency USAID is not a party to these contracts, State FSA office addresses are provided statements of organization and functions are USAID needs some means to collect in Exhibit 1. examples of documents appearing in this information directly from the suppliers FOR FURTHER INFORMATION CONTACT: section. of the goods and related services and to Beverly Preston, Agricultural Program enable USAID to take an appropriate Specialist, Conservation Programs action against them in the event they do Branch, Conservation and AGENCY FOR INTERNATIONAL not comply with the applicable Environmental Programs Division, FSA, DEVELOPMENT regulations. USAID does this by security at (202) 720–9563. from the suppliers, as a condition for SUPPLEMENTARY INFORMATION: Notice of Public Information the disbursement of funds a certificate Collections Being Reviewed; and agreement with USAID which General Provisions Comments Requested contains appropriate representations by Section 769 of the Agriculture, Rural SUMMARY: U.S. Agency for International the suppliers. Development, Food and Drug Development (USAID) is making efforts Annual Reporting Burden: Administration, and Related Agencies to reduce the paperwork burden. USAID Respondents: 400. Act, 2000 (Pub. L. 106–78), amended invites the general public and other Total annual responses: 2,400. Section 1232(a)(7) of the Food Security Federal agencies to take this Total annual hours requested: 1,200 Act of 1985 to provide new authority to opportunity to comment on the hours. use Conservation Reserve Program land for pilot biomass projects. Specifically, following proposed and/or continuing Dated: October 4, 2000. information collections, as required by Section 769 provided that the Secretary Joanne Paskar, the Paperwork Reduction Act for 1995. shall approve not more than six Comments are requested concerning: Chief, Information and Records Division, projects, no more than one of which (a) Whether the proposed or continuing Office of Administrative Services, Bureau for may be in any State, under which land Management. collections of information is necessary subject to the contracts may be for the proper performance of the [FR Doc. 00–27009 Filed 10–19–00; 8:45 am] harvested for recovery for biomass used functions of the agency, including BILLING CODE 6116±01±M in energy production if: (i) No acreage whether the information shall have subject to the contract is harvested more practical utility; (b) the accuracy of the than once every other year and (ii) not burden estimates; (c) ways to enhance more than 25 percent of the total acreage DEPARTMENT OF AGRICULTURE the quality, utility, and clarity of the enrolled in the program in any crop information collected; and (d) ways to Commodity Credit Corporation reporting district (as designated by the minimize the burden of the collection of Secretary) is harvested in any 1 year. information on the respondents, Opportunity To Submit Application To The statute specified that no portion of including the use of automated Conduct Pilot Project for Harvesting of the crop on the pilot land could be used collection techniques or other forms of Biomass From Land Enrolled in the for any commercial purpose other than information technology. Conservation Reserve Program To Be energy production from biomass, and DATES: Submit comments on or before Used for Energy Production instructed the Secretary that this December 19, 2000. allowance would not include the AGENCY: Commodity Credit Corporation, FOR FURTHER INFORMATION CONTACT: harvesting of any wetland, or any Beverly Johnson, Bureau for USDA. acreage of any type enrolled in a partial Management, Office of Administrative ACTION: Notice of opportunity to submit field conservation practice (including Services, Information and Records application. riparian forest buffers, filter strips, and Division, U.S. Agency for International buffer strips). It was also specified in the SUMMARY: Up to six pilot projects, no Development, Room 2.07–106, RRB, statute that the owner or operator must more than one of which may be in any Washington, DC 20523, (202) 712–1365 agree to a CRP payment reduction in an State, may be authorized for the harvest or via e-mail bjohnson@usaid. gov. amount determined by the Secretary, of biomass from land enrolled in the and that the total acres for all of the SUPPLEMENTARY INFORMATION: Conservation Reserve Program (CRP) to OMB NO: OMB 0412–0012. projects could not exceed 250,000 acres. be used for energy production. Form No.: AID 282. This notice sets out the terms under Title: Supplier’s Certificate Agreement Applications for conducting pilot which pilot projects will be considered with the U.S. Agency for International projects of the harvest of biomass from and the questions that must be Development Invoice-and-Contract land enrolled in the CRP for energy answered on the application so that a Abstract. production may be submitted to the considered choice may be made in Type of Review: Renewal of Commodity Credit Corporation. choosing which projects to approve. The Information Collection. DATES: Applications must be conditions set on the application Purpose: The U.S. Agency for postmarked on or before December 19, process, as set forth in this notice, International Development (USAID) 2000. generally follow the terms of the statute.

VerDate 112000 13:06 Oct 19, 2000 Jkt 194001 PO 00000 Frm 00001 Fmt 4703 Sfmt 4703 E:\FR\FM\20OCN1.SGM pfrm04 PsN: 20OCN1 Federal Register / Vol. 65, No. 204 / Friday, October 20, 2000 / Notices 63053

However, as set forth in this notice, it considered a wetland under 7 CFR part Project Area Description is proposed here that individual pilot 12. 9. The specific type(s) and variety of projects will not generally be approved Biomass Harvest Provisions: Not more cover proposed to be harvested. if they exceed 50,000 acres. This limit than 25 percent of the total acreage would allow for a diversity of projects enrolled in the CRP in any National 10. Assurances to ensure that all to be approved and thus encourage the Agricultural Statistics Service (NASS) harvesting limitations will not be benefits of the pilot project. Also, this Crop Reporting District may be exceeded. notice specifies that land which is harvested using this pilot project 11. Assurances that the cover will be committed to certain CRP practices authority in any 1 year. NASS Crop reseeded, if applicable, after harvest. cannot, generally, be included in the Reporting Districts are attached as 12. How the harvested material will pilot project, as in certain cases the loss Exhibit 2. be transported to the energy production of conservation benefits would be too No portion of the harvested crop may facility. great. Finally, as specified in this notice, be used for any purpose other than 13. An estimate of the time needed pilot projects will not be approved energy production from biomass. from planting of biomass cover to first except upon the understanding, as set Participants are responsible for the harvest to the use of harvested material forth in this notice, that the individual restoration, at their own expense, of any as energy production. CRP participants participating in the cover damaged by harvesting, including 14. A detailed statement of all project agreed to a 25 percent reduction reseeding if necessary. budgetary outlays for each proposed of the annual rental payment they Payment Reduction During Harvest: project. would normally receive in the CRP for To be approved for this pilot project, 15. A detailed statement of the each year in which the acreage is CRP participants must agree to a expected results of the project. harvested; this reduction is designed to reduction in the CRP annual rental 16. An environmental, social, offset any loss in conservation benefits payment equal to 25 percent of the which the CCC might otherwise have economic, and environmental justice annual rental payment for each year in analysis of the impact of the planting received under the participant’s original which the acreage is harvested. CRP contract, and also reflects and harvesting and proposed use of the anticipated financial benefits which the Definitions biomass material on erosion control, participants in any pilot programs may wildlife and wildlife habitat, water The following definitions are quality, and air quality. realize as a result of such harvesting. applicable to applications to conduct a While the terms of the program as pilot project for the harvest of biomass 17. How the applicant will provide for outlined here reflect the current view of from land enrolled in the CRP to be protection of cultural resources present the agency as to how the program used for energy production: on the acreage in the project area. should operate and the limitations Biomass means any eligible vegetative 18. A list of all environmental permits which should apply, members of the cover that is an approved cover for use needed to conduct the proposed project public are free in their submissions to in the Conservation Reserve Program. and how and when the permits will be suggest that the limitations, to the extent obtained. Crop reporting district means those that they are not statutory, should not areas defined as NASS Crop Reporting 19. A detailed statement of the goals, apply or, for that matter, that other Districts. including expected completion dates, of limitations should apply. Harvest means the cutting of the the project. Regulatory Authority: The CRP is biomass cover regardless of removal or 20. A detailed statement outlining the administered under the regulations at 7 use. monitoring process of the project, CFR part 1410. including who will conduct the Acreage Limitation: Pilot projects Required Application Information monitoring process. approved under this authority may not Applications for pilot projects must 21. An analysis of the impact the exceed, in the aggregate, 250,000 acres, be submitted to the State Executive project may have on regional and local and an individual pilot project may not Director of the State FSA office where economies, including if the producer exceed 50,000 acres, unless approved by the proposed pilot project is to be participating in the project will receive CCC. conducted and must provide, at a any compensation, monetary or Length of Pilot Project: Pilot projects minimum, all of the following otherwise, from the harvested biomass. must be conducted for a minimum information: 22. A description of what, if any, period of 10 years. public input or comments were elicited Eligible Land: All land enrolled in the Proposed Pilot Project General or obtained regarding the proposed CRP, subject to other restrictions Information project. outlined here, is eligible to be included 1. Name. in a pilot project except for land: Energy Use Information 2. Location (State and county or devoted to field windbreaks, waterways, counties). 23. The type of energy proposed to be shallow water areas for wildlife, contour produced from the biomass. grass strips, shelter belts, living snow 3. Size (total acres) and extent fences, permanent vegetation to reduce including map. 24. How the biomass will be used for salinity, salt tolerant vegetative cover, 4. Physical features including soil, energy production, including a filter strips, riparian buffers, wetland geology, plant, and animal resources. comparative analysis of the current restoration, and cross wind trap strips; 5. Distance to biomass facility. energy source and proposed biomass energy source. within an approved public wellhead Biomass Facility Information protection area not to exceed a radius of 25. How and when (time of year) the 2,000 feet from an approved public 6. Name. biomass is proposed to harvested. wellhead; with an erodibility index of 7. Location. 26. An estimate of the amount of more than 15; within 1,000 feet of a 8. Logistical issues (roads, bridges, material that must be harvested to meet stream or other waterbody; or, etc.). the pilot project(s) goals.

VerDate 112000 13:06 Oct 19, 2000 Jkt 194001 PO 00000 Frm 00002 Fmt 4703 Sfmt 4703 E:\FR\FM\20OCN1.SGM pfrm04 PsN: 20OCN1 63054 Federal Register / Vol. 65, No. 204 / Friday, October 20, 2000 / Notices

Signed at Washington, D.C., on October 12, Minnesota State FSA Office, 375 DEPARTMENT OF AGRICULTURE 2000. Jackson Street, Suite 400, St. Paul, Parks Shackelford, MN 55101–1852 Forest Service Executive Vice President, Commodity Credit Mississippi State FSA Office, 6310 I–55 Corporation. North, Jackson, MS 39211 Information Collection; Request for Missouri State FSA Office, Suite 225, Comments; Fuelwood and Post Exhibit 1 Parkade Plaza, 601 Bus. Loop 70 Assessment in Selected States State FSA Office Addresses West, Columbia, MO 65203 AGENCY: Forest Service, USDA. Montana State FSA Office, 10 East Alabama State FSA Office, 4121 ACTION: Notice. Carmichael Road, Suite 600, Babcock Street, P.O. Box 670, Montgomery, AL 36106–2872 Bozeman, MT 59771–0670 SUMMARY: In accordance with the Alaska State FSA Office, 800 West Nebraska State FSA Office, 7131 A Paperwork Reduction Act of 1995, the Evergreen, Suite 216, Palmer, AK Street, Lincoln, NE 68501–7975 Forest Service announces its intention Nevada State FSA Office, 1755 E. Plumb 99645–6389 to reinstate a previously approved Lane, Suite 202, Reno, NV 89502 information collection. The collected Arizona State FSA Office, 77 East New Hampshire State FSA Office, 22 information will help the Forest Service Thomas Road, Suite 240, Phoenix, AZ Bride St., 4th Floor, Concord, NH project and meet demands for renewable 85012–3318 03301–4987 Arkansas State FSA Office, Federal New Jersey State FSA Office, Mastoris resources as a source for fuelwood and Building, Room 3416, 700 West Professional Plaza, 163 Rt. 130, Bldg. fence posts. Information will be Capitol, Little Rock, AR 72201–3225 2, Suite E, Bordentown, NJ 08505– collected from a selected number of California State FSA Office, 430 G Street 2249 residential households and logging # 4161, Davis, CA 95616 New Mexico State FSA Office, 6200 contractors in selected States. Colorado State FSA Office, 655 Parfet Jefferson St., NE, Room 211, DATES: Comments must be received in St., Suite E–305, Lakewood, CO Albuquerque, NM 87109 writing on or before December 19, 2000. 80215–5517 New York State FSA Office, 441 S. ADDRESSES: All comments should be Connecticut State FSA Office, 88 Day Saline St., Suite, 356, 5th Floor, addressed to Ronald Piva, Forest Hill Road, Windsor, CT 06095 Syracuse, NY 13202–2455 Inventory and Analysis, North Central Delaware State FSA Office, 1201 College North Carolina State FSA Office, 4407 Research Station, Forest Service, USDA, Park Drive, Suite 101, Dover, DE Bland Road, Suite 175, Raleigh, NC 1992 Folwell Ave., St. Paul, MN 55108. 19904–8713 27609–6296 Comments also may be submitted via Florida State FSA Office, 4440 N.W. North Dakota State FSA Office, 1025 facsimile to (651) 649–5140 or by email 25th Pl., Suite 1, Gainesville, FL 28th St., SW, Fargo, ND 58103 to [email protected] 32606 Ohio State FSA Office, 540 Federal The public may inspect comments Georgia State FSA Office, Federal Building, 200 N. High Street, received at the Forest Service, USDA, Building, Room 102, 355 East Columbus, OH 43215 North Central Research Station, Room Hancock Ave., Athens, GA 30603– Oklahoma State FSA Office, 100 USDA, 507, 1992 Folwell Avenue, St. Paul, 1907 Suite 102, Farm Rd. & McFarland St., Minnesota. Hawaii State FSA Office, 300 Ala Moana Stillwater, OK 74074–2653 Oregon State FSA Office, 7620 S.W. FOR FURTHER INFORMATION CONTACT: Blvd., Room 5–112, P.O. Box 50008, Mohawk, Tualatin, OR 97062–8121 Ronald Piva, North Central Research Honolulu, HI 96850 Pennsylvania State FSA Office, One Station, at (651) 649–5150. Idaho State FSA Office, 9173 W. Barnes, Credit Union Place, Suite 320, SUPPLEMENTARY INFORMATION: Suite B, Boise, ID 83709–1555 Harrisburg, PA 17110–2994 Background Illinois State FSA Office, 3500 Wabash, Puerto Rico FSA Office, Cobian’s Plaza P.O. Box 19273, Springfield, IL Building—Rm. 301, 1607 Ponce de The Forest and Rangeland Renewable 62794–9273 Leon Ave., Santurce, Puerto Rico Resource Research Act of 1978 (16 Indiana State FSA Office, 5981 Lakeside 00909–1815 U.S.C. 1600), (as amended by the Energy Blvd., Indianapolis, IN 46278 Rhode Island State FSA Office, 60 Security Act of 1980 (42 U.S.C. 8701)), Iowa State FSA Office, 10500 Buena Quaker Lane, Suite 40, Warwick, RI requires the Secretary of Agriculture to Vista Court, Des Moines, IA 50322 02886–0111 make and keep current a comprehensive Kansas State FSA Office, 3600 Anderson South Carolina State FSA Office, 1927 survey and analysis of the present and Ave., Manhattan, KS 66503–2511 Thurmond Mall, Suite 100, Columbia, prospective conditions of and Kentucky State FSA Office, 771 SC 29201–2375 requirements for renewable resources Corporate Dr., Suite 100, Lexington, South Dakota State FSA Office, 200 from forests and range lands of the KY 40503–5478 Fourth St., SW, Room 308, Huron, SD United States and of the supplies of Louisiana State FSA Office, 3737 57350–2478 such resources, including determination Government Street, Alexandria, LA Tennessee State FSA Office, 579 U.S. of facts necessary in determination of 71302–3395 Courthouse, 801 Broadway, Nashville, means to balance demand for and Maine State FSA Office, 967 Illinois TN 37203–3816 supply of these resources. Ave., Bangor, ME 04401 Texas State FSA Office, 2405 Texas Ave. Wood was the major source of energy Maryland State FSA Office, 8335 South, College Station, TX 77840 for households in the United States Guilford Rd., Suite E, Columbia, MD Utah State FSA Office, P.O. Box 11350, until the 1880s when use of wood for 21046 125 South State Street., 346 Shelburne heating fuel began to decline. In 1970, Massachusetts State FSA Office, 445 St., Salt Lake City, UT 84147–0350 less than 2 percent of households were Vermont State FSA Office, Executive West Street, Amherst, MA 01002– using wood as a primary source of Square Office Bldg., Rm. 4329, 2994 heating fuel. In order to monitor Burlington, VT 05401–4995 Michigan State FSA Office, 3001 availability of renewable resources for Coolidge Rd., Suite 350, East Lansing, [FR Doc. 00–27046 Filed 10–19–00; 8:45 am] fuel and energy, the Forest Service MI 48823–6321 BILLING CODE 3410±05±P monitored production of wood for

VerDate 112000 13:06 Oct 19, 2000 Jkt 194001 PO 00000 Frm 00003 Fmt 4703 Sfmt 4703 E:\FR\FM\20OCN1.SGM pfrm04 PsN: 20OCN1 Federal Register / Vol. 65, No. 204 / Friday, October 20, 2000 / Notices 63055 household fuel by interviewing demands on these renewable natural proposed collection of information, residents in rural areas to determine the resources for fuelwood and fence posts. including the validity of the amount of wood they used for fuel and This survey also will enable Forest methodology and assumptions used; (c) the frequency of wood harvests from Service personnel to determine the ways to enhance the quality, utility, and farm woodlots to supply the demand for types of facilities households use to heat clarity of the information to be fuelwood. These surveys were their homes with wood, such as wood collected; and (d) ways to minimize the conducted about every 5 to 10 years. burning stoves or fireplaces; the types of burden of the collection of information In 1973, fossil fuel prices began to land from which the wood will be cut on respondents, including the use of increase and, as a result, in the 1970s (forestland, such as private forests, State automated, electronic, mechanical, or and 1980s, more households began to forests, National Forests, or non- other technological collection use wood as a source for primary or forestland, such as wooded strips, techniques or other forms of information secondary heating. In 1986, an narrow windbreaks, urban areas, or yard technology. estimated 5 million households (6 trees); the condition of the wood that Use of Comments percent) had a working wood stove and will be cut, that is whether the trees will 19 million (21 percent) had a working be dead or alive. All comments received in response to fireplace. Overall, the use of wood as a The Forest Inventory and Analysis this notice, including names and residential and industrial energy source Work Units at the Northeastern and addresses when provided, will become in the United States tripled in the last North Central Research Stations of the a matter of public record. Comments 25 years. The frequency of the surveys Forest Service will collect the will be summarized and included in the and the survey data did not reflect the information about the quantities and request for Office of Management and actual use of wood for heating and types of trees cut for fuelwood and fence Budget approval. energy purposes. posts in a given year from a sampling of Dated: October 11, 2000. Similarly, production of round and residential and logging contractors split wood posts for farm fencing and located within the geographical area of Robert Lewis, Jr., other purposes declined from an the Stations. The agency will conduct Deputy Chief for Research & Development. estimated 900 million posts in 1920 to the survey through telephone [FR Doc. 00–27041 Filed 10–19–00; 8:45 am] less than 60 million today. Even though interviews. BILLING CODE 3410±11±U use of round and split wood posts has Respondents will be asked questions declined, it is important to continue to that include an estimate of the annual monitor the demand for these products fuelwood consumption in a specific DEPARTMENT OF AGRICULTURE and to assess the impact the demand for State; the types of burning facilities in Forest Service the products has on the renewable forest the State, such as wood burning stoves resources. or fireplaces; the annual fuelwood and post production in the State; the annual Southwest Oregon Province Description of Information Collection fuelwood and post production from Interagency Executive Committee (PIEC) Advisory Committee The following describes the growing stock (forestland trees of commercial value) and non-growing information collection to be reinstated: AGENCY: Forest Service, USDA. Title: Residential Fuelwood and Post stock sources (cull trees on forest land Assessment, Any State, Year. or trees from non forestland); the annual ACTION: Notice of meeting. OMB Number: 0596–0009. fuelwood and post production by tree Expiration Date of Approval: July species; the county from which the SUMMARY: The Southwest Oregon PIEC 2000. fuelwood or posts come; and the Advisory Committee will meet on Type of Request: Reinstatement of an landowner class from which the October 31, 2000 in North Bend, information collection previously fuelwood or posts come, such as public, Oregon, at the Coos Bay Bureau of Land approved by the Office of Management private, or forest industry lands. Management Office at 1300 Airport Data gathered in this information and Budget. Lane. The meeting will begin at 9:00 collection are not available from other Abstract: Forest Service personnel at a.m. and continue until 4:30 p.m. sources. Agenda items to be covered include: (1) the Northeastern Forest Experiment Estimate of Annual Burden: 0.07 Station (Connecticut, Delaware, Province Implementation Monitoring hours. 2000; (2) Public Comment; (3) Province Kentucky, Maine, Maryland, Type of Respondents: Residential Massachusetts, New Hampshire, New Large Wood Implementation; (4) Rogue households and logging contractors. Basin Technical Team Update; (5) BLM Jersey, New York, Ohio, Pennsylvania, Estimated Annual Number of Rhode Island, Vermont, and West Third-Year Monitoring Evaluation; and Respondents: 2,919. (6) Current issues as perceived by Virginia) and North Central Research Estimated Annual Number of Advisory Committee members. Station (Illinois, Indiana, Iowa, Kansas, Responses per Respondent: 1. Michigan, Minnesota, Missouri, Estimated Total Annual Burden on FOR FURTHER INFORMATION CONTACT: Nebraska, North Dakota, South Dakota Respondents: 204. Direct questions regarding this meeting and Wisconsin) will evaluate the Comment Is Invited to Roger Evenson, Province Advisory collected information to determine the Committee Coordinator, USDA, Forest level of renewable resources used for The agency invites comments on the Service, Umpqua National Forest, 2900 fuelwood and fence posts by residential following: (a) Whether the proposed NW Stewart Parkway, Roseburg, Oregon households and logging contractors. The collection of information is necessary 97470, phone (541) 957–3344. collected information will enable land for the stated purposes and the proper managers to determine what timber to performance of the functions of the Dated: October 16, 2000. sell for use as fuelwood or fence posts, agency, including whether the Don Ostby, how well the local forested land will information will have practical or Designated Federal Official. meet the demand for these timber scientific utility; (b) the accuracy of the [FR Doc. 00–26975 Filed 10–19–00; 8:45 am] products, and how to project future agency’s estimate of the burden of the BILLING CODE 3410±11±M

VerDate 112000 13:06 Oct 19, 2000 Jkt 194001 PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 E:\FR\FM\20OCN1.SGM pfrm04 PsN: 20OCN1 63056 Federal Register / Vol. 65, No. 204 / Friday, October 20, 2000 / Notices

DEPARTMENT OF AGRICULTURE interested parties. A limited number of procurement by the Federal Government copies of the FONSI are available to fill under 41 U.S.C. 46–48c and 41 CFR 51– Natural Resources Conservation single copy requests at the above 2.4. I certify that the following action Service address. Basic data developed during will not have a significant impact on a the environmental assessment are on substantial number of small entities. Perry Ridge West (CS±30), Calcasieu file and may be reviewed by contacting The major factors considered for this Parish, Louisiana Bruce Lehto, Assistant State certification were: AGENCY: Natural Resources Conservationist/Water Resources/Rural 1. The action will not result in any Conservation Service. Development, Natural Resources additional reporting, recordkeeping or other compliance requirements for small ACTION: Notice of Finding of No Conservation Service, 3737 Government entities other than the small Significant Impact. Street, Alexandria, Louisiana 71302, telephone (318) 473–7756. organizations that will furnish the SUMMARY: Pursuant to Section 102(2)(c) No administrative action on services to the Government. of the National Environmental Policy implementation of the proposal will be 2. The action will not have a severe Act of 1969; the Council on taken until 30 days after the date of this economic impact on current contractors Environmental Quality Regulations (40 publication in the Federal Register. for the services. 3. The action will result in CFR Part 1500); and the Natural (This activity is listed in the Catalog of Resources Conservation Service Federal Domestic Assistance under No. authorizing small entities to furnish the Regulations (7 CFR Part 650); the 10.904, Watershed Protection and Flood services to the Government. Natural Resources Conservation Service, Prevention, and is subject to the provisions 4. There are no known regulatory U.S. Department of Agriculture, gives of Executive Order 12372, which requires alternatives which would accomplish notice that an environmental impact intergovernmental consultation with State the objectives of the Javits-Wagner- statement is not being prepared for and local officials) O’Day Act (41 U.S.C. 46–48c) in Perry Ridge West (CS–30), Calcasieu Dated: September 21, 2000. connection with the services proposed Parish, Louisiana. Donald W. Gohmert, for addition to the Procurement List. Accordingly, the following services FOR FURTHER INFORMATION CONTACT: State Conservationist. are hereby added to the Procurement Donald W. Gohmert, State [FR Doc. 00–27047 Filed 10–19–00; 8:45 am] List: Conservationist, Natural Resources BILLING CODE 3410±16±P Conservation Service, 3737 Government Services Street, Alexandria, Louisiana 71302, Janitorial/Custodial telephone (318) 473–7751. COMMITTEE FOR PURCHASE FROM Fitness Center, Building 1251, Ellington SUPPLEMENTARY INFORMATION: The PEOPLE WHO ARE BLIND OR Field, Houston, TX environmental assessment of this SEVERELY DISABLED Recycling/Recovery Service federally assisted action indicates that McConnell Air Force Base, Kansas the project will not cause significant Procurement List Additions This action does not affect current local, regional, or national impacts on contracts awarded prior to the effective date AGENCY: Committee for Purchase From the environment. As a result of these of this addition or options that may be People Who Are Blind or Severely findings, Donald W. Gohmert, State exercised under those contracts. Disabled. Conservationist, has determined that the preparation and review of an ACTION: Additions to the Procurement Rita L. Wells, environmental impact statement are not List. Deputy Executive Director. [FR Doc. 00–27042 Filed 10–19–00; 8:45 am] needed for this project. SUMMARY: This action adds to the The purpose of the project is to ensure Procurement List services to be BILLING CODE 6353±01±P the stability of the 1,132 acres of interior furnished by nonprofit agencies marsh by providing bank protection of employing persons who are blind or COMMITTEE FOR PURCHASE FROM the critical area located along the north have other severe disabilities. GIWW bankline and preventing PEOPLE WHO ARE BLIND OR EFFECTIVE DATE: November 20, 2000. additional breaching. Another purpose SEVERELY DISABLED of the project is to create emergent ADDRESS: Committee for Purchase From Procurement List; Proposed Additions marsh and increase the occurrence of People Who Are Blind or Severely and Deletions submerged aquatic vegetation in the Disabled, Jefferson Plaza 2, Suite 10800, 1421 Jefferson Davis Highway, existing open water areas. The planned AGENCY: Committee for Purchase From Arlington, Virginia 22202–3259. works of improvement include the People Who Are Blind or Severely placement of 9,500 linear feet along the FOR FURTHER INFORMATION CONTACT: Disabled. Louis R. Bartalot (703) 603–7740. north bank of the GIWW from Perry ACTION: Proposed additions to and Ridge to the intersection of the Sabine SUPPLEMENTARY INFORMATION: On deletions from Procurement List. River. An additional 2,200 feet of rock September 1, 2000 the Committee for riprap will be installed from the Sabine/ Purchase From People Who Are Blind SUMMARY: The Committee has received GIWW intersection north along the or Severely Disabled published notices proposals to add to the Procurement List Sabine River. Additionally 17,000 linear (65 FR 53267) of proposed additions to services to be furnished by nonprofit feet of terraces will be constructed in the Procurement List. After agencies employing persons who are the shallow open water areas north of consideration of the material presented blind or have other severe disabilities, the GIWW. to it concerning capability of qualified and to delete commodities previously The notice of a Finding of No nonprofit agencies to provide the furnished by such agencies. Significant Impact (FONSI) has been services and impact of the additions on Comments must be received on or forwarded to the Environmental the current or most recent contractors, before: November 20, 2000. Protection Agency and to various the Committee has determined that the ADDRESSES: Committee for Purchase federal, state, and local agencies and services listed below are suitable for From People Who Are Blind or Severely

VerDate 112000 13:06 Oct 19, 2000 Jkt 194001 PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 E:\FR\FM\20OCN1.SGM pfrm04 PsN: 20OCN1 Federal Register / Vol. 65, No. 204 / Friday, October 20, 2000 / Notices 63057

Disabled, Jefferson Plaza 2, Suite 10800, United States Naval Academy, Annapolis, 5440–00–227–1596 1421 Jefferson Davis Highway, MD. NPA: ServiceSource, Inc., Stepladder, Fiberglass Arlington, Virginia 22202–3259. Alexandria, Virginia 5440–01–415–1238 Eyewear Prescription Service 5440–01–415–1240 FOR FURTHER INFORMATION CONTACT: VA Outpatient Clinic, Port Richey, FL. 5440–01–415–1241 Louis R. Bartalot (703) 603–7740. NPA: Winston-Salem Industries for the SUPPLEMENTARY INFORMATION: This Blind, Winston-Salem, North Carolina Rita L. Wells, notice is published pursuant to 41 Grounds Maintenance Deputy Executive Director. U.S.C. 47(a)(2) and 41 CFR 51–2.3. Its Fort McPherson, Fort McPherson, GA. [FR Doc. 00–27043 Filed 10–19–00; 8:45 am] purpose is to provide interested persons NPA: WORKTEC, Jonesboro, Georgia BILLING CODE 6353±01±P an opportunity to submit comments on Management Services the possible impact of the proposed Department of Housing & Urban Development, 909 1st Avenue, Suite 200, actions. Seattle, WA. NPA: Pacific Coast DEPARTMENT OF COMMERCE Additions Community Services, Truckee, California Recycling Service If the Committee approves the Naval Weapons Station, NAWS Recycling International Trade Administration proposed addition, all entities of the Center, China Lake, CA. NPA: Desert Federal Government (except as Area Resources and Training, Ridgecrest, Antidumping or Countervailing Duty otherwise indicated) will be required to California Order, Finding, or Suspended Investigation; Opportunity To Request procure the services listed below from Deletions nonprofit agencies employing persons Administrative Review I certify that the following action will who are blind or have other severe AGENCY: Import Administration, not have a significant impact on a disabilities. International Trade Administration, substantial number of small entities. I certify that the following action will Department of Commerce. not have a significant impact on a The major factors considered for this ACTION: substantial number of small entities. certification were: Notice of opportunity to request The major factors considered for this 1. The action will not result in any administrative review of antidumping or certification were: additional reporting, recordkeeping or countervailing duty order, finding, or 1. The action will not result in any other compliance requirements for small suspended investigation. additional reporting, recordkeeping or entities. other compliance requirements for small 2. The action will result in Background entities other than the small authorizing small entities to furnish the Each year during the anniversary organizations that will furnish the services to the Government. month of the publication of an services to the Government. 3. There are no known regulatory antidumping or countervailing duty 2. The action will result in alternatives which would accomplish order, finding, or suspension of authorizing small entities to furnish the the objectives of the Javits-Wagner- investigation, an interested party, as services to the Government. O’Day Act (41 U.S.C. 46–48c) in defined in section 771(9) of the Tariff 3. There are no known regulatory connection with the services proposed Act of 1930, as amended, may request, alternatives which would accomplish for deletion from the Procurement List. in accordance with section the objectives of the Javits-Wagner- The following commodities have been 351.213(1999) of the Department of O’Day Act (41 U.S.C. 46–48c) in proposed for deletion from the Commerce (the Department) connection with the services proposed Procurement List: Regulations, that the Department for addition to the Procurement List. Cleaning Compound conduct an administrative review of that Comments on this certification are 7930–01–398–0945 antidumping or countervailing duty invited. Commenters should identify the Detergent, General Purpose order, finding, or suspended statement(s) underlying the certification 7930–01–393–6761 investigation. on which they are providing additional Enamel Opportunity To Request a Review: Not information. 8010–01–332–3739 later than the last day of October 2000, The following services have been Stepladder 5440–00–171–9836 interested parties may request proposed for addition to Procurement administrative review of the following List for production by the nonprofit 5440–00–227–1592 5440–00–227–1593 orders, findings, or suspended agencies listed: 5440–00–227–1594 investigations, with anniversary dates in Commissary Warehousing and Janitorial 5440–00–227–1595 October for the following periods:

Period

Antidumping Duty Proceedings

ITALY: Pressure Sensitive Tape, A±475±059 ...... 10/1/99±9/30/00 JAPAN: Steel Wire Rope*, A±588±045 ...... 10/1/99±12/31/99 JAPAN: Tapered Roller Bearings, Over 4 Inches*, A±588±604 ...... 10/1/99±12/31/99 JAPAN: Tapered Roller Bearings, Under 4 Inches*, A±588±054 ...... 10/1/99±12/31/99 JAPAN: Vector Supercomputers, A±588±841 ...... 10/1/99±9/30/00 MALAYSIA: Extruded Rubber Thread, A±557±805 ...... 10/1/99±9/30/00 PEOPLE'S REPUBLIC OF CHINA: Barium Chloride, A±570±007 ...... 10/1/99±9/30/00 THE PEOPLE'S REPUBLIC OF CHINA: Lock Washers, A±570±822 ...... 10/1/99±9/30/00 THE PEOPLE'S REPUBLIC OF CHINA: Shop Towels, A±570±003 ...... 10/1/99±9/30/00 UNITED KINGDOM: Stainless Steel Sheet and Strip in Coils**, A±412±818 ...... 1/4/99±6/30/00 YUGOSLAVIA: Industrial Nitrocellulose*, A±479±801 ...... 10/1/99±12/31/99

VerDate 112000 13:06 Oct 19, 2000 Jkt 194001 PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 E:\FR\FM\20OCN1.SGM pfrm04 PsN: 20OCN1 63058 Federal Register / Vol. 65, No. 204 / Friday, October 20, 2000 / Notices

Period

Countervailing Duty Proceedings

BRAZIL: Certain Agricultural Tillage Tools*, C±351±406 ...... 1/1/99±12/31/99 INDIA: Iron Metal Castings*, C±533±063 ...... 1/1/99±12/31/99 COLOMBIA: Textile & Textile Products*, C±301±401 ...... 1/1/99±12/31/99 IRAN: Roasted In-Shell Pistachios, C±507±501 ...... 1/1/99±12/31/99 SWEDEN: Certain Carbon Steel Products, C±401±401 ...... 1/1/99±12/31/99

Suspension Agreements

KYRGYZSTAN: Uranium*, A±835±802 ...... 10/1/99±12/31/99 RUSSIA: Certain Cut-to-Length Carbon Steel, A±821±808 ...... 10/1/99±9/30/00 RUSSIA: Uranium, A±821±802 ...... 10/1/99±9/30/00 SOUTH AFRICA: Certain Cut-to-Length Carbon Steel, A±791±804 ...... 10/1/99±9/30/00 THE PEOPLE'S REPUBLIC OF CHINA: Certain Cut-to-Length Carbon Steel, A±570±849 ...... 10/1/99±9/30/00 THE PEOPLE'S REPUBLIC OF CHINA: Silicomanganese, A±823±805 ...... 10/1/99±9/30/00 UKRAINE: Certain Cut-to-Length Carbon Steel, A±823±808 ...... 10/1/99±9/30/00 UZBEKISTAN: Uranium*, A±844±802 ...... 10/1/99±12/31/99 * Order revoked effective 01/01/2000, as a result of sunset review. ** Inadvertently omitted from 64 FR 45035 (July 20, 2000) opportunity notice.

In accordance with section 351.213(b) Antidumping or Countervailing Duty ACTION: Notice of rescission of of the regulations, an interested party as Order, Finding, or Suspended antidumping duty administrative defined by section 771(9) of the Act may Investigation’’ for requests received by review. request in writing that the Secretary the last day of October 2000. If the conduct an administrative review. For Department does not receive, by the last SUMMARY: On March 30, 2000, in both antidumping and countervailing day of October 2000, a request for response to a request by the Paint duty reviews, the interested party must review of entries covered by an order, Applicator Division of the American specify the individual producers or finding, or suspended investigation Brush Manufacturers Association, exporters covered by an antidumping listed in this notice and for the period petitioner, the Department of Commerce finding or an antidumping or identified above, the Department will (the Department) initiated an countervailing duty order or suspension instruct the Customs Service to assess administrative review of the agreement for which it is requesting a antidumping or countervailing duties on antidumping duty order on natural review, and the requesting party must those entries at a rate equal to the cash bristle paint brushes and brush heads state why it desires the Secretary to deposit of (or bond for) estimated from the People’s Republic of China review those particular producers or antidumping or countervailing duties (PRC). This review covers two exporters exporters. If the interested party intends required on those entries at the time of of the subject merchandise, Hebei for the Secretary to review sales of entry, or withdrawal from warehouse, Animal By-Products Import/Export merchandise by an exporter (or a for consumption and to continue to Corp. (a.k.a Hebei Founder Import & producer if that producer also exports collect the cash deposit previously Export Company (Founder)) and Hunan merchandise from other suppliers) ordered. Provincial Native Produce & Animal By- which were produced in more than one This notice is not required by statute Products Import & Export Corp. country of origin and each country of but is published as a service to the (Hunan). The period of review is origin is subject to a separate order, then international trading community. February 1, 1999 through January 31, 2000. We are now rescinding this the interested party must state Dated: October 13, 2000. specifically, on an order-by-order basis, review as a result of the absence of Thomas F. Futtner, which exporter(s) the request is shipments and entries from these two intended to cover. Acting Deputy Assistant Secretary, Group II companies of subject merchandise for Import Administration. Six copies of the request should be during the period of review (POR). submitted to the Assistant Secretary for [FR Doc. 00–27080 Filed 10–19–00; 8:45 am] EFFECTIVE DATE: October 20, 2000. Import Administration, International BILLING CODE 3510±DS±P FOR FURTHER INFORMATION CONTACT: Trade Administration, Room 1870, U.S. Christian Hughes or Maureen Flannery, AD/CVD Enforcement, Import Department of Commerce, 14th Street & DEPARTMENT OF COMMERCE Constitution Avenue, NW., Washington, Administration, International Trade DC 20230. The Department also asks International Trade Administration Administration, U.S. Department of parties to serve a copy of their requests Commerce, 14th Street & Constitution to the Office of Antidumping/ Avenue, N.W., Washington, D.C. 20230, [A±570±501] Countervailing Enforcement, Attention: telephone: (202) 482–4106 and (202) Sheila Forbes, in room 3065 of the main Natural Bristle Paint Brushes and 482–3020, respectively. Commerce Building. Further, in Brush Heads From the People's SUPPLEMENTARY INFORMATION: accordance with section 351.303(f)(l)(i) Republic of China; Notice of Applicable Statute and Regulations of the regulations, a copy of each Rescission of Antidumping Duty request must be served on every party Administrative Review Unless otherwise indicated, all on the Department’s service list. citations to the Tariff Act of 1930, as The Department will publish in the AGENCY: Import Administration, amended, are to the provisions effective Federal Register a notice of ‘‘Initiation International Trade Administration, January 1, 1995, the effective date of the of Administrative Review of Department of Commerce. amendments made to the Tariff Act by

VerDate 112000 13:06 Oct 19, 2000 Jkt 194001 PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 E:\FR\FM\20OCN1.SGM pfrm04 PsN: 20OCN1 Federal Register / Vol. 65, No. 204 / Friday, October 20, 2000 / Notices 63059 the Uruguay Agreements Act (URAA). Rescission of Review Technology, Building 222, Red Training In addition, unless otherwise indicated, Pursuant to 19 CFR 351.213(d)(3), the Room, Gaithersburg, Maryland 20899. all citations to the Department’s Department may rescind an FOR FURTHER INFORMATION CONTACT: Dr. regulations are to the regulations administrative review, in whole or only Harry Hertz, Director, National Quality codified at 19 CFR part 351 (1999). with respect to a particular exporter or Program, National Institute of Standards Scope of Review producer, if the Secretary concludes and Technology, Gaithersburg, that, during the period covered by the Maryland 20899, telephone number Imports covered by this review are (301) 975–2361. shipments of natural bristle paint review, there were no entries, exports, SUPPLEMENTARY INFORMATION: The brushes and brush heads from the PRC. or sales of the subject merchandise. In Assistant Secretary for Administration, Excluded from the review are paint light of our determination that neither with the concurrence of the General brushes and brush heads with a blend Founder nor Hunan exported or entered Counsel, formally determined on March of 40% natural bristles and 60% the subject merchandise into the 31, 2000, that the meeting of the Judges synthetic filaments. The merchandise territory of the United States during the Panel will be closed pursuant to Section under review is currently classifiable POR, we are rescinding this review. under item 9603.40.40.40 of the This notice is published in 10(d) of the Federal Advisory Harmonized Tariff Schedule of the accordance with 19 CFR 351.213(d)(3) Committee Act, 5 U.S.C. app. 2, as United States (HTSUS). Although the and (4). amended by Section 5(c) of the HTSUS subheading is provided for Dated: October 13, 2000. Government in the Sunshine Act, P.L. 94–409. The meeting, which involves convenience and customs purposes, the Barbara E. Tillman, Department’s written description of the examination of records and discussion Acting Deputy Assistant Secretary for AD/ of Award applicant data, may be closed merchandise is dispositive. CVD Enforcement Group III. to the public in accordance with Section Background [FR Doc. 00–27079 Filed 10–19–00; 8:45 am] 552b(c)(4) of Title 5, United States Code, On February 14, 2000, the Department BILLING CODE 3510±DS±P since the meeting is likely to disclose published a notice of opportunity to trade secrets and commercial or financial information obtained from a request an administrative review of the DEPARTMENT OF COMMERCE antidumping duty order on natural person and privileged or confidential. bristle brushes and brush heads from National Institute of Standards and Dated: October 13, 2000. the PRC (65 FR 7348). On February 29, Technology Raymond G. Kammer, 2000, petitioners in this proceeding Director. requested a review of sales made by Judges Panel of the Malcolm Baldrige [FR Doc. 00–27075 Filed 10–19–00; 8:45 am] Founder and by Hunan during the National Quality Award period February 1, 1999 to January 31, BILLING CODE 3510±13±M 2000. AGENCY: National Institute of Standards On March 30, 2000, the Department and Technology, Department of DEPARTMENT OF COMMERCE initiated an administrative review (65 Commerce. FR 16875). On April 12, 2000, Founder, ACTION: Notice of closed meeting. National Oceanic and Atmospheric and on May 22, 2000, Hunan submitted Administration a certification to the Department that SUMMARY: Pursuant to the Federal they did not, directly or indirectly, enter Advisory Committee Act, 5 U.S.C. app. [I.D. 091300A] for consumption, or sell, export, or ship 2, notice is hereby given that the Judges Small Takes of Marine Mammals for entry for consumption in the United Panel of the Malcolm Baldrige National Incidental to Specified Activities; States subject merchandise during the Quality Award will meet Monday, Explosives Testing at Eglin Air Force period of review. The Department November 13, 2000, 9:00 a.m. to 5:30 Base, FL performed a customs query for entries p.m.; Tuesday, November 14, 2000, 8:00 a.m. to 5:30 p.m.; Wednesday, from the PRC classified under HTS AGENCY: National Marine Fisheries November 15, 2000, 8:00 a.m. to 5:30 number 9603.40.40.40 during the period Service (NMFS), National Oceanic and p.m.; Thursday, November 16, 2000, of review and found no entries of Atmospheric Administration (NOAA), 8:00 a.m. to 3:00 p.m. The Judges Panel subject merchandise from these parties Commerce. is composed of nine members during that time period. In response to ACTION: Notice of receipt of application a telephone inquiry, counsel for prominent in the field of quality management and appointed by the and proposed authorization for a small petitioners stated that they had no take exemption; request for comments. information to the contrary. See Secretary of Commerce. The purpose of Memorandum to the File from Christian this meeting is to review the site visit SUMMARY: NMFS has received a request Hughes: Natural Bristle Paint Brushes process, review the final judging process from the U.S. Air Force to take, by and Brush Heads from the People’s and meeting procedures, and final harassment, bottlenose dolphins, and Republic of China; Hebei Animal By- judging of the 2000 applicants. The spotted dolphins incidental to explosive Products Import/Export Corp. (a.k.a. review process involves examination of testing of obstacle and mine clearance Hebei Founder Import & Export records and discussions of applicant systems at Eglin Air Force Base, FL Company (Founder)) and Hunan data, and will be closed to the public in (Eglin). Under the Marine Mammal Provincial Native Produce & Animal By- accordance with Section 552b(c)(4) of Protection Act (MMPA), NMFS is Products Import & Export Corp. Title 5, United States Code. requesting comments on its proposal to (Hunan), dated October 6, 2000. DATES: The meeting will convene authorize these takings for a period not Therefore, we have determined that November 13, 2000 at 9:00 a.m. and to exceed 1 year. there were no entries into the customs adjourn at 3:00 p.m. on November 16, DATES: Comments and information must territory of the United States of the 2000. The entire meeting will be closed. be received no later than November 20, subject merchandise during the POR ADDRESSES: The meeting will be held at 2000. Comments will not be accepted if exported by Founder or Hunan. the National Institute of Standards and submitted via e-mail or the Internet.

VerDate 112000 17:13 Oct 19, 2000 Jkt 194001 PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 E:\FR\FM\20OCN1.SGM pfrm08 PsN: 20OCN1 63060 Federal Register / Vol. 65, No. 204 / Friday, October 20, 2000 / Notices

ADDRESSES: Comments on this proposed authorizations for the The proposed action by the NSWC- application should be addressed to incidental harassment of small numbers CSS is an evaluation of the Mk-82 GPBs Donna Wieting, Chief, Marine Mammal of marine mammals. Within 45 days of to clear anti-invasion beach obstacles Conservation Division, Office of the close of the comment period, NMFS and mines in the surf zone. The Protected Resources, NMFS, 1315 East- must either issue or deny issuance of objectives of the test are to: (1) West Highway, Silver Spring, MD the authorization. determine the performance of the Mk-82 20910. A copy of the application, the GPBs against threat obstacles and mines Summary of Request Environmental Assessment (EA), and/or in the surf zone, and (2) provide data a list of references used in this On August 6, 2000, NMFS received an and verify empirical models used to document, may be obtained by writing application from the U.S. Air Force at assess surf zone obstacle and mine to this address or by telephoning one of Eglin. The Air Force, in cooperation clearance. the contacts listed here. with the Naval Surface Warfare Center- The MK-82 GPBs to be tested consist FOR FURTHER INFORMATION CONTACT: Coastal Systems Station (NSWC-CSS), of seven GPBs, each containing 192 lbs Kenneth Hollingshead 301-713-2055 U.S. Navy, is requesting an (87.1 kg) of explosive for a total weight ext. 128, or Kathy Wang, 727-570-5312. authorization to take, by harassment and of 1,344 lbs (610 kg). Three configurations for testing will be used SUPPLEMENTARY INFORMATION: non-serious injury, bottlenose dolphins (Tursiops truncatus), and spotted for the proposed test: (1) A linear Background dolphins (Stenella frontalis) incidental arrangement of seven GPBs spaced 24 ft Sections 101(a)(5)(A) and (D) of the to explosive testing of an obstacle (7.3 m) apart, located parallel to the shoreline, (2) a linear arrangement of 7 MMPA (16 U.S.C. 1361 et seq.) directs clearance system at Eglin. Eglin is GPBs spaced 24 ft (7.3 m) apart located the Secretary of Commerce to allow, located in the Florida Panhandle perpendicular to the shore, and (3) a upon request, the incidental, but not approximately midway between the cities of Pensacola and Panama City, FL. matrix (2-3-2) arrangement. intentional, taking of small numbers of Two separate deployments and firings marine mammals by U.S. citizens who The location of the proposed action is on the beach areas on Santa Rosa Island are required to test each configuration. engage in a specified activity (other than All MK-82s will be buried vertically to commercial fishing) within a specified (SRI), approximately 27 kilometers (km)(17 mi) west of Destin, FL. approximately one-half length (about 3 geographical region if certain findings ft (0.9 m)) by jetting. The MK-82s will The Navy’s current capability to clear are made and either regulations are be detonated using approximately 1/4 obstacles and mines in the surf zone is issued or, if the taking is limited to block of C-4 explosive paced into the aft limited to the hand placement of harassment, a notice of a proposed fuse well. The MK-82s will be detonated explosive charges by Navy combat authorization is provided to the public simultaneously in 6 ft (1.8 m) of water swimmers. The effectiveness of this for review. using remote detonators to detonate the Permission may be granted if NMFS capability is limited by the ability of C-4. All Mk-82 GPBs will be placed in finds that the taking will have a swimmers to locate submerged targets shallow water in the surf zone between negligible impact on the affected species and to carry sufficient explosives to the shore and the sand bar. destroy the targets. Such operations are or stock(s) of marine mammals, will not Each test event will require several considered highly hazardous, and the have an unmitigable adverse impact on days to set up. Beach obstacles (log reliability of obstacle removal is the availability of the species or stock(s) posts, concrete cubes, and steel considered to be poor. During the Gulf for subsistence uses, and if permissible hedgehogs) and inert mines will be War, U.S. forces were prevented from methods of taking and requirements placed around the bombs to serve as landing on the beaches of Kuwait pertaining to the monitoring and targets for bomb fragments and blast. because of the nature and density of the reporting of such takings are set forth. The Mk-82 GPBs will be detonated and mines and obstacles present on the NMFS has defined ‘‘negligible impact’’ the obstacles and mine field scored and beaches and in the shallow surf zone. in 50 CFR 216.103 as ‘‘...an impact cleaned up to the extent feasible. resulting from the specified activity that To facilitate future amphibious assaults, In order to avoid impacting the cannot be reasonably expected to, and is the U.S. Navy is committed to endangered West Indian manatee not reasonably likely to, adversely affect developing and testing methods to (Trichiechus manatus)(which is more the species or stock through effects on safely and effectively clear a path commonly found south of the region annual rates of recruitment or survival.’’ through such obstacles, allowing U.S. and during warmer months) and sea Subsection 101(a)(5)(D) of the MMPA Marines to conduct an amphibious turtles, tests are planned to be established an expedited process by assault. conducted between November 2000 and which citizens of the United States can NWSC-CSS has requested permission March, 2001. apply for an authorization to from Eglin to test the Mk-82 general More detailed descriptions of the incidentally take small numbers of purpose bomb (GPB) in the shallow surf activity and the expected impact on marine mammals by harassment. The zone along U.S. Air Force-controlled marine mammals can be found in the MMPA defines ‘‘harassment’’ as: lands of SRI. The taking of bottlenose Air Force Incidental Harassment (IHA) ...any act of pursuit, torment, or annoyance and spotted dolphins incidental to application. Additional information can which (a) has the potential to injure a marine testing the Shallow Water Assault be found in the EA prepared in 1998 by mammal or marine mammal stock in the Breaching system, the Distributed the Air Force under the National wild; or (b) has the potential to disturb a Explosive Technology system, the MK- marine mammal or marine mammal stock in Environmental Policy Act (NEPA). the wild by causing disruption of behavioral 82 GPBs, and the MK-5 Mine Clearance These documents are available upon patterns, including, but not limited to, System (MCS) was authorized by NMFS request (see ADDRESSES). migration, breathing, nursing, breeding, in December, 1998 (see 63 FR 67669, feeding, or sheltering. December 8, 1998). That authorization Description of Habitat and Marine Subsection 101(a)(5)(D) establishes a expired on March 31, 1999. However, Mammals Affected by the Activity 45-day time limit for NMFS review of an testing of the Mk-82 GPB was not A description of the eastern Gulf of application followed by a 30-day public conducted during that authorization Mexico (GOM) ecosystems can be found notice and comment period on any period. in general biological oceanographic

VerDate 112000 13:06 Oct 19, 2000 Jkt 194001 PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 E:\FR\FM\20OCN1.SGM pfrm04 PsN: 20OCN1 Federal Register / Vol. 65, No. 204 / Friday, October 20, 2000 / Notices 63061 references and in the previously et al., 1973; Richmond et al., 1973). test activities, it will use the more mentioned EA and is not repeated here. Ranges for percent TM rupture incurred precautionary level for estimating by underwater explosives can be potential harassment. Marine Mammals calculated by a conservative TM damage The potential impact to Atlantic Although approximately 27 species of model (U.S. Navy, 1996). General bottlenose dolphins and the Atlantic marine mammals (whales, dolphins and criteria for TM damage has been spotted dolphins, the two species that porpoises) reside in or pass through the reported to occur at impulse levels may potentially be affected, was northeastern GOM, the only species of down to 20 psi-msec (Yelverton et al., evaluated using modeling on the effects marine mammals that are likely to be 1973). of underwater explosions resulting from impacted by the activities proposed for Because TM rupture, rather than each of the test systems described the shallow coastal waters off SRI are slight lung hemorrhage, usually occurs previously (see application). Based the bottlenose dolphin (Tursiops at lower impulse levels, TM rupture is upon data provided in the application, truncatus) and the Atlantic spotted used by NMFS and others to the maximum number of Atlantic dolphin (Stenella frontalis). Information conservatively define the non-lethal bottlenose dolphins potentially within on these and other species of marine injury zone. A maximum impulse of 10 the injury exposure zone from all tests mammals in the GOM can be found in psi-msec is often considered to define during the 4-month test period is Blaylock et al. (1995) and Waring et al. the non-lethal injury zone, where a very estimated to be 27-28. The maximum (1999). Please refer to those documents low incidence of blast injuries are likely number of Atlantic spotted dolphins for information on the biology, to occur (Yelverton et al., 1973). A level potentially injured from all tests distribution, and abundance of these of pressure impulse at which marine combined is less than 1. These are the marine mammal species. Information on mammals are not expected to maximum potential injury levels the two species of marine mammals that experience non-lethal injury (nor without implementation of mitigation. potentially may be affected can also be instantaneous mortality or lethal injury) The estimated total numbers of found in the application and EA on this is reported to be 5 psi-msec (Yelverton bottlenose dolphins and spotted project. et al., 1973). This is the impulse level dolphins potentially exposed to takes by harassment (because they may be within Potential Effects of Explosives on adopted by the Air Force to designate no the area between 5 psi-msec and 180 dB Marine Mammals injurious takings by its proposed activity. re 1 uPa2 -sec) are 19 and 1, Potential impacts to those marine In addition to lethal, serious, and non- respectively. However, mitigation is mammal species known to occur in the serious injury, harassment of marine expected to obviate any potential for SRI area from explosives include both mammals may occur as a result of non- injury or harassment to marine lethal and non-lethal injury, as well as injurious physiological responses to an mammals. incidental harassment. The pressure explosion-generated shockwave and its Mitigation wave from the explosive can impact air acoustic signature. Based upon cavities, such as lungs and intestines. information provided in the SEAWOLF There are two forms of mitigation Extensive hemorrhaging into the lungs shock trial final environmental impact proposed for implementation by the Air due to underwater shock waves may statement (U.S. Navy, 1998), a dual Force: (1) Natural, as provided by the cause death to a marine mammal criterion for marine mammal acoustic environment and (2) human, designed through suffocation (Hill, 1978). Other harassment has been developed for to protect marine mammals to the common injuries which may result in explosive-generated signals: (1) an greatest extent practicable. mortality include circulatory failure, energy-based temporary threshold shift Natural mitigation: Physical broncho-pneumonia in damaged lungs, (TTS) injury criterion of 182 dB re 1 characteristics of the proposed test area or peritonitis resulting from perforations uPa2-sec derived by the Navy from and test methods will ameliorate the of the intestinal wall (Hill, 1978). experiments with bottlenose dolphins underwater shock wave. Tests will be Because impulse levels sufficient to by Ridgway et al.(1997), and (2) a 12 conducted in approximately 3 to 10 ft cause lethal injury increase with lbs/in2 (psi) peak pressure cited by (0.9 to 3.0 m) of water. At this shallow increased mammal mass (Yelverton et Ketten (1995) as associated with a ‘‘safe depth, some portion of the energy from al., 1973), conservative criteria are outer limit (for the 10,000 lb charge for the detonations will be directed through based on the lowest possible affected minimal, recoverable auditory trauma’’ the surface of the water rather than mammalian weight (e.g., an infant (i.e., TTS)). While recognizing that transmitted through the water. Another dolphin). Extensive lung hemorrhage is while there is some disagreement in the consequence of the shallow detonation an injury which would be debilitating, scientific community on criteria for depth is that bubble pulse is not and not all animals would be expected predicting auditory impacts on marine significant and there will be far less to survive (1 percent mortality is mammals, for the activity described in energy in any oscillations, compared predicted at the onset level). As the this document, the Air Force and NMFS with deep water detonations (Shockley, severity of extensive lung hemorrhage are retaining the determinations made 1995). Additionally, these tests will be increases beyond the onset level, gastro- for this action previously (see 63 FR conducted inside the offshore bar at the intestinal tract injuries can increase 67669, December 8, 1998), that noise SRI site. The offshore bar ameliorates significantly. The expected mortality levels that fall between the 5 psi-msec the transmission of the underwater level associated with these combined distance out to a transmission distance portion of the shock wave. Also, MK-82 severe injuries would be significantly where a noise level of 180 dB re 1 uPa2- GPBs will be buried in bottom sands to higher than 1 percent (U.S. Navy, 1998). sec (Air Force, 1998, 2000) will be approximately their center of gravity (3 Non-lethal injuries involve slight lung considered to fall within the incidental ft (0.9 m)), a factor expected to mitigate hemorrhage and tympanic membrane harassment zone. It should be the transmission of the shock wave as (TM) rupture from which the mammal recognized however, that because the the detonations will be directed is expected to recover (Yelverton et al., Air Force utilized the noise level of 180 downwards. 1973; Richmond et al., 1973). Eardrum dB re 1 uPa2-sec, instead of the Human mitigation: Eglin has damage criteria are based upon a limited previously mentioned level of 182 dB re established the following safety zones to number of small charge tests (Yelverton 1 uPa2-sec, for modeling the proposed prevent marine mammal injury for

VerDate 112000 17:13 Oct 19, 2000 Jkt 194001 PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 E:\FR\FM\20OCN1.SGM pfrm08 PsN: 20OCN1 63062 Federal Register / Vol. 65, No. 204 / Friday, October 20, 2000 / Notices testing MK-82 GPBs: (1) 6.0 km (3.7 mi) on affected marine mammal stocks. Dated: October 10, 2000. radius for the configuration parallel to NMFS reviewed the EA in December, Art Jeffers, beach and for the matrix; and (2) 5.0 km 1998, and concurred with the findings Deputy Director, Office of Protected (3.1 mi) radius for the configuration in the EA (see 63 FR 67669, December Resources, National Marine Fisheries Service. perpendicular to the beach. 8, 1998). As a result, NMFS found that [FR Doc. 00–27077 Filed 10–19–00; 8:45 am] Eglin has proposed that base it is unnecessary to prepare its own BILLING CODE 3510±22±S personnel conduct a 30-minute pre- NEPA documentation and adopted the detonation aerial monitoring survey Air Force EA as its own, as provided by immediately prior to each test to ensure 40 CFR 1506.3. At that time, NMFS COMMITTEE FOR THE no marine mammals are within the test found that the issuance of an IHA to the IMPLEMENTATION OF TEXTILE area’s designated safety zone. With Air Force would not result in a AGREEMENTS water depths less than 18 m (59 ft), low significant environmental impact on the turbidity, and white sand bottom, Denying Entry to Textiles and Textile human environment and that it is exceptional marine mammal visibility is Products Produced in a Certain unnecessary to either prepare its own ensured. Aerial surveys will be Company in Indonesia conducted at approximately 100 ft (30.5 NEPA documentation or to recirculate m) elevation. the Air Force EA for additional October 13, 2000. In order to ensure adequate visibility comments. NMFS believes that the AGENCY: Committee for the for locating marine mammals (and sea findings made in December 1998, Implementation of Textile Agreements turtles), no detonations will take place remain appropriate. (CITA). if sea state conditions are greater than ACTION: Issuing a directive to the Consultation category 3 and water clarity is not Commissioner of Customs directing adequate for conducting surveys. No On October 15, 1998, NMFS Customs to deny entry to shipments tests will take place if marine mammals completed consultation with the Air manufactured in a certain company in or sea turtles are sighted within the Force under section 7 of the Endangered Indonesia. safety zone. Species Act. The finding of that EFFECTIVE DATE: November 19, 2000. Monitoring consultation was that the proposed FOR FURTHER INFORMATION CONTACT: testing activity is not likely to adversely In addition to pre-detonation Janet Heinzen, International Trade affect endangered or threatened species monitoring mentioned previously, Eglin Specialist, Office of Textiles and of whales or sea turtles, if the will conduct aerial surveys immediately Apparel, U.S. Department of Commerce, following each detonation event. The conservation and mitigation measures (202) 482-3400. specified in the Biological Assessment post-test monitoring will be conducted SUPPLEMENTARY INFORMATION: in a similar manner to the pre-test prepared by the Air Force are monitoring, except that observation undertaken. NMFS concludes, therefore, Authority: Section 204 of the Agricultural that the issuance of an IHA to the Air Act of 1956, as amended (7 U.S.C. 1854); personnel will be focused on locating Executive Order 12475 of May 9, 1984, as any injured marine mammals. If any Force to take small numbers of amended. injured marine mammals are observed bottlenose dolphins, spotted dolphins during post-test monitoring, subsequent and possibly other cetacean species by The U.S. Customs Service has conducted on-site verification of textile detonations will be postponed, and the harassment incidental to explosive and textile product production in a local stranding network notified. The testing at Eglin is not likely to adversely number of foreign countries. Based on project will be required to be reviewed affect endangered or threatened species information obtained through on-site by Air Force and NMFS personnel prior of whales or sea turtles. to conducting any additional tests. verifications and from other sources, Proposed Authorization U.S. Customs has informed CITA that Reporting certain companies were illegally Any takes of marine mammals other NMFS proposes to issue an IHA to the transshipping, were closed, or were than authorized by the IHA will be U.S. Air Force for the harassment of a unable to produce records to verify reported to the Regional Administrator, small number of bottlenose dolphins production. The Chairman of CITA has NMFS, by the next working day. A draft and spotted dolphins incidental to directed the U.S. Customs Service to final report of the entire test results and testing the Mk-82 GPBs off SRI, Eglin. issue regulations regarding the denial of marine mammal observations for pre- NMFS has preliminarily determined entry of shipments from such and post-detonation monitoring will be that, provided the proposed mitigation companies (see Federal Register notice submitted to NMFS within 90 days after and monitoring measures are enacted, 64 FR 41395, published on July 30, completion of the last test. Unless the short-term impact of testing Mk-82 1999). In order to secure compliance notified by NMFS to the contrary, that GPBs for obstacle and mine clearance with U.S. law, including Section 204 draft final report will be considered the systems at Eglin has the potential to and U.S. customs law, to carry out final report under the IHA. result in only small numbers of marine textile and textile product agreements, and to avoid circumvention of textile NEPA mammals being affected, and have no more than a negligible impact on agreements, the Chairman of CITA is Previously, the U.S. Air Force affected marine mammal stocks. directing the U.S. Customs Service to prepared an EA on the Mk-82 GPB and deny entry to textiles and textile Mk-5 MCS systems. This EA, which Information Solicited products manufactured by Pt. Pollux supplements information contained in Indonesia Textile Industry for two years. the Air Force application provides NMFS requests interested persons to Customs has informed CITA that this additional information for determining submit ments, information, and company was found to have been whether the activity proposed for suggestions concerning this request (see illegally transshipping, closed, or obtaining a small take authorization will ADDRESSES). unable to produce records to verify have no more than a negligible impact production.

VerDate 112000 13:06 Oct 19, 2000 Jkt 194001 PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 E:\FR\FM\20OCN1.SGM pfrm04 PsN: 20OCN1 Federal Register / Vol. 65, No. 204 / Friday, October 20, 2000 / Notices 63063

Should CITA determine that this DEPARTMENT OF DEFENSE Reduction Act of 1995, the Department decision should be amended, such of the Army announces a proposed amendment will be published in the Office of the Secretary public information collection and seeks Federal Register. public comment on the provisions Defense Science Board; Notice of thereof. Comments are invited on: (a) Richard B. Steinkamp, Advisory Committee Meetings Whether the proposed collection of Acting Chairman, Committee for the SUMMARY: The Defense Science Board information is necessary for the proper Implementation of Textile Agreements. (DSB) Task Force on High Energy Laser performance of the functions of the Committee for the Implementation of Weapon Systems Applications will meet agency, including whether the Textile Agreements in closed session on November 14–15, information shall have practical utility; 2000; December 14–15, 2000; January (b) the accuracy of the agency’s estimate October 13, 2000. 23–24, 2001; February 21–22, 2001; of the burden of the proposed information collection; (c) ways to Commissioner of Customs, March 13–14, 2001; April 17–18, 2001; and May 15–16, 2001, at Strategic enhance the quality, utility, and clarity Department of the Treasury, Analysis Inc., 3601 Wilson Boulevard, of the information to be collected; and Washington, DC 20229. Arlington, VA 22201. (d) ways to minimize the burden of the Dear Commissioner: The U.S. The mission of the Defense Science information collection on respondents, Customs Service has conducted on- site Board is to advise the Secretary of including through the use of automated verification of textile and textile product Defense and the Under Secretary of collection techniques or other forms of information technology. production in a number of foreign Defense for Acquisition, Technology & countries. Based on information Logistics on scientific and technical DATES: Consideration will be given to all matters as they affect the perceived obtained through on-site verifications comments received by December 19, needs of the Department of Defense. At 2000. and from other sources, U.S. Customs these meetings, the Task Force will has informed CITA that certain ADDRESSES: Written comments and review on-going or proposed programs recommendations on the proposed companies were illegally transshipping, in high energy laser (HEL) applications; were closed, or were unable to produce information collection should be sent to, examine recent supporting technology U.S. Army of Engineers IRWR, records to verify production. The advancements and their applications Chairman of CITA has directed the U.S. Waterborne Commerce Statistics Center, with respect to supporting military HEL P.O. Box 61280, New Orleans, Louisiana Customs Service to issue regulations weapon system developments; develop regarding the denial of entry of 70161–1280, ATTN: CEWRC–NDC–CQ, potential military and strategic HEL (Jay A. Wieriman). Consideration will be shipments from such companies (see system applications and identify given to all comments received within directive dated July 27, 1999 (64 FR processes required to implement these 60 days of the date of publication of this 41395), published on July 30, 1999).In potentials; determine what needs to be notice. order to secure compliance with U.S. done to weaponize these systems; and FOR FURTHER INFORMATION CONTACT: To law, including Section 204 and U.S. assess HEL operational concepts, request more information on this customs law, to carry out textile and impacts and limitations, considering proposed information collection or to legal, treaty and policy issues textile product agreements, and to avoid obtain a copy of the proposal and concerning HEL employment. circumvention of textile agreements, the associated collection instruments, Chairman of CITA directs the U.S. In accordance with Section 10(d) of the Federal Advisory Committee Act, please write to the above address, or call Customs Service, effective for goods Department of the Army Reports exported on and after November 19, P.L. No. 92–463, as amended (5 U.S.C. App. II, (1994)), it has been determined clearance officer at (703) 614–0454. 2000 and extending through November Title, Associated Form, and OMB that these Defense Science Board 18, 2002, to deny entry to textiles and Number: Description of Vessels, meetings, concern matters listed in 5 textile products manufactured by the Description of Operations, ENG Form U.S.C. 552b(c)(1) (1994), and that Indonesian company, Pt. Pollux 3931, and 3932, OMB Control Number accordingly these meetings will be Indonesia Textile Industry. Customs has 0710–0009. closed to the public. informed CITA that this company was Needs and Uses: The publication found to have been illegally Dated: October 12, 2000. Waterborne Transportation Lines of the transshipping, closed, or unable to L.M. Bynum, United States, Volume 1, 2, and 3 produce records to verify production. Alternate OSD Federal Register Liaison contain information on the vessel Officer, Department of Defense. operator and their American Flag The Committee for the [FR Doc. 00–27015 Filed 10–19–00; 8:45 am] vessels operating or available for Implementation of Textile Agreements BILLING CODE 5001±10±M operation on the inland waterways of has determined that these actions fall the United States in the transportation within the foreign affairs exception to of freight and passengers. the rulemaking provisions of 5 U.S.C. DEPARTMENT OF DEFENSE Affected Public: Business or other for 553(a)(1). profit. Department of the Army Sincerely, Annual Burden Hours: 2,000. Number of Respondents: 2,500. Richard B. Steinkamp, Proposed Collection; Comment Responses Per Respondent: 1. Acting Chairman, Committee for the Request Average Burden Per Response: 48 Implementation of Textile Agreements. AGENCY: Deputy Chief of Staff for minutes. [FR Doc. 00–26918 Filed 10–19–00; 8:45 am] Personnel (DAPE–ZXI–RM), DoD. Frequency: Mandatory. BILLING CODE 3510±DR±F ACTION: Notice. SUPPLEMENTARY INFORMATION: The data is also used by the U.S. Coast Guard and In compliance with Section other Federal and State agencies 3506(c)(2)(A) of the Paperwork involved in transportation. If this data

VerDate 112000 17:23 Oct 19, 2000 Jkt 194001 PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 E:\FR\FM\20OCN1.SGM pfrm08 PsN: 20OCN1 63064 Federal Register / Vol. 65, No. 204 / Friday, October 20, 2000 / Notices collection effort is not permitted, Project Biologist, Kimberly Rightler, additional scoping meeting was not accurate U.S. Flag fleet statistics will Attn: CENAN–PL–ES, (202) 264–9846 considered necessary. not be available for use by the Corps of SUPPLEMENTARY INFORMATION: Eugene Brickman, Engineers and other agencies. A Draft Environmental Impact Statement (DEIS) Chief, Plan Formulation Branch. Gregory D. Showalter, was filed in the Federal Register April [FR Doc. 00–27068 Filed 10–19–00; 8:45 am] Army Federal Register Liaison Officer. 14, 1986. A Detailed Project Report BILLING CODE 3710±06±M [FR Doc. 00–27065 Filed 10–19–00; 8:45 am] comprised of a main report containing BILLING CODE 3710±08±P basic objectives, a final environmental impact statement (FEIS) and supporting DEPARTMENT OF DEFENSE documentation with the Sauquoit Creek Department of the Army DEPARTMENT OF DEFENSE project was completed in June 1986 and revised October 1987, but was never Department of the Army Notice of Availability of A Novel published in the Federal Register nor Quantum-Well for Exclusive, Partially Availability of the Revised Draft had a Record of Decision prepared. Exclusive or Non-Exclusive Licenses Environmental Impact Statement Various structural and nonstructural AGENCY: U.S. Army Research (DEIS) for the Proposed Sauquoit alternatives to minimize flooding and Laboratory, DoD. Creek Flood Control Project at ice jams were originally considered. ACTION: Notice of availability. Whitesboro, NY Three plans were studied in detail (40, AGENCY: U.S. Army Corps of 50, 60 foot Channel Plan). The 60 Foot SUMMARY: The Department of the Army Engineers—New York District Channel Plan (Plan D3a) was designated announces the general availability of Department of the Army, Department of the preferred plan by the New York exclusive, partially exclusive or non- Defense. District for its high benefits compared exclusive licenses relative to a novel quantum-well technology as described ACTION: Notice of availability. with its costs. The Plan consisted of channel modifications such as in the U.S. Patent #5,579,331; ‘‘Delta- SUMMARY: In accordance with Section realignment, widening, deepening and a strained quantum-well semiconductor 205 of the Flood Control Act of 1948, riprap armored trapezoidal channel lasers and optical amplifiers’’; Shen, et the New York District Office of the along with constructing a high flow al.; November 26, 1996. Licenses shall Corps of Engineers proposes to provide diversion channel connecting Sauquoit comply with 35 U.S.C. 209 and 37 CFR flood protection for the town of Creek to the Mohawk River. 404. Whitestown through modification of the FOR FURTHER INFORMATION CONTACT: Sauquoit Creek. The Corps has Funding constraints and changes in Michael D. Rausa, U.S. Army Research identified a history of frequent and administration policy delayed proposed Laboratory, Office of Research and serious flooding along the Sauquoit implementation of the recommended Technology Applications, ATTN: Creek in the town of Whitestown. The plan and the FEIS was not filed in the AMSRL–CS–TT/Bldg 459, Aberdeen flooding is caused by both fluvial and Federal Register, pending resolution of Proving Ground, Maryland 21005–5425, ice-jam related events. The project these issues. Work resumed on the Telephone: (410) 278–5028. extends from the entrance ramp of project in 1995 with the preparation of SUPPLEMENTARY INFORMATION: None. Route 5A to 1,000 feet above the the plans and specifications phase. Due confluence of Sauquoit Creek with the to the time that has lapsed and the Gregory D. Showalter, Mohawk River. The total length of the project design changes, an updated draft Army Federal Register Liaison Officer. channel modification is approximately 1 EIS is necessary. The objective of this [FR Doc. 00–27066 Filed 10–19–00; 8:45 am] mile ending with a 2,000 foot long V revised draft Environmental Impact BILLING CODE 3710±08±M notch pilot channel. The channel Statement is to provide a description of modifications include widening, the original and current projects, and to DEPARTMENT OF DEFENSE realigning and deepening along with account for any potential impacts that construction of a low flow channel may occur from construction Department of the Army within the main channel. disturbances since the original draft Bioengineering techniques will be statement was written in 1984. Major Notice of Intent to Grant an Exclusive utilized to stabilize the channel. The V revisions that have substantially or Partially Exclusive License to notch pilot channel will serve to reduced the amount of adverse impacts Optical Crossing, Inc. provide a smooth transition between the of the project made since the channel modifications and the natural AGENCY: U.S. Army Research development of the 1984 DEIS include: streambed. The plan prevents damages Laboratory, DoD. (1) Elimination of the diversion channel from fluvial events up to the 25-year ACTION: Notice of intent. level. and opening the culverts under the Conrail Bridge; (2) Incorporating SUMMARY: In compliance with 37 CFR DATES: Written comments received bioengineering methods into the plan in 404 et seq., the Department of the Army within 45 days of the publication of the lieu of all rip rap; (3) Installation of a hereby gives notice of its intent to grant Environmental Protection Agency’s low flow channel and a pilot channel. to Optical Crossings, Inc., a corporation Notice of Availability will be considered having its principle place of business at by the Corps in preparing the Final EIS. Several scoping meetings were held at the time of the original environmental 411 N. Central Ave. Suite 70, Glendale, FOR FURTHER INFORMATION CONTACT: CA 91203, an exclusive or partially assessment for this project and Address: New York District Corps of exclusive license relative to a patented significant issues related to the project Engineers, CENAN–PL–ES, 26 Federal ARL technology (U.S. Patent # Plaza, New York NY 10278–0090. were identified. The changes in the 5,579,331; ‘‘Delta-strained quantum- Project Planner, Joseph Redican, Attn: project design have decreased the well semiconductor lasers and optical CENAN–PL–FB, (202) 264–1060 environmental impacts; therefore an amplifiers’’; Shen, et al; November 26,

VerDate 112000 13:06 Oct 19, 2000 Jkt 194001 PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 E:\FR\FM\20OCN1.SGM pfrm04 PsN: 20OCN1 Federal Register / Vol. 65, No. 204 / Friday, October 20, 2000 / Notices 63065

1996.). Anyone wishing to object to the support ships currently homeported in include an evaluation of the direct, granting of this license has 60 days from the San Diego Naval Complex. indirect, short-term, and cumulative the date of this notice to file written A Notice of Intent for this DEIS was impacts. objections along with supporting published in the Federal Register on No decision on the proposed action evidence, if any. May 12, 1999 (64 FR 25480). A public will be made until the NEPA process is FOR FURTHER INFORMATION CONTACT: scoping meeting was held in National complete. The decision will be Michael D. Rausa, U.S. Army Research City, California, on June 9, 1999. announced when the Secretary of the Laboratory, Office of Research and The proposed action includes Navy releases the Record of Decision. Technology Applications, ATTN: demolition of two inadequate piers, The DEIS has been distributed to AMSRL–CS–TT/Bldg 459, Aberdeen construction of a new pier, provision for various federal, state and local agencies, requisite utilities, dredging, and Proving Ground, Maryland 21005–5425, elected officials, and special interest dredged material disposal. The Telephone: (410) 278–5028. groups. The DEIS is available for public replacement pier would be 120 feet review at the following public libraries: SUPPLEMENTARY INFORMATION: None. wide and 1,500 feet long with a power National City Public Library, 200 E. 12th Gregory D. Showalter, intensive electrical supply (19,800 amps Street, National City, California Army Federal Register Liaison Officer. at 450 volts). Dredging to 37 feet (11.3 San Diego Library (Science & Industry [FR Doc. 00–27067 Filed 10–19–00; 8:45 am] meters) below mean lower low water Section), 820 E Street San Diego, would be necessary to accommodate BILLING CODE 3710±08±M California. modern Navy ships. A total volume of The Navy will conduct one public approximately 763,545 cubic yards of hearing to receive oral and written DEPARTMENT OF DEFENSE sediment would be dredged, of which comments concerning the DEIS. A an estimated 47,966 cubic yards is Spanish-language interpreter will be Department of the Navy unsuitable for ocean disposal. available at the hearing. The public The purpose of the proposed action is hearing will begin with a brief Public Hearing for the Draft to develop a replacement pier to provide presentation followed by a request for Environmental Impact Statement for berthing, logistics support, and comments on the DEIS. Federal, state maintenance and utility requirements Replacement Pier and Dredging at and local agencies, and interested for ships currently homeported in the Naval Station San Diego, San Diego, parties are invited to be present or San Diego Region. The need for the CA represented at the hearing. Those who proposed action is to address the intend to speak will be asked to submit AGENCY: Department of Navy, DOD. current shortfall in pier infrastructure a speaker card (available at the door.) ACTION: Notice. and capacity in the San Diego Naval Oral comments will be transcribed by a Complex. SUMMARY: The Department of the Navy Two alternatives for pier replacement stenographer. To assure accuracy of the (Navy) has prepared and filed with the are considered in the DEIS: (1) record, all statements should be United States Environmental Protection Replacement of existing Piers 10 and 11 submitted in writing. All statements, Agency (EPA) a Draft Environmental with a new pier, or (2) replacement of both oral and written, will become part Impact Statement (DEIS) for a existing Piers 11 and 12 with a new of the public record in the study. Equal Replacement Pier and Dredging at Naval pier. Two alternative pier construction weight will be given to both oral and Station (NAVSTA) San Diego, San techniques are considered: a pile- written comments. In the interest of Diego, California. A public hearing will supported pier and a mole pier. Dredged available time, each speaker will be be held to receive oral and written material suitable for ocean disposal is asked to limit oral comments to three comments on the DEIS. Federal, state proposed to be disposed at the LA–5 minutes. Longer comments should be and local agencies, and interested Ocean Dredged Material Disposal Site. summarized at the public hearing and individuals are invited to be present or Sediments unsuitable for ocean disposal submitted in writing either at the represented at the hearing. are proposed to be dewatered and hearing or mailed to Naval Facilities Engineering Command, Southwest DATES: The public hearing will be held disposed at an approved upland on November 16, 2000 from 7 p.m. to 10 disposal site. Two dewatering options Division, 2585 Callagan Highway, p.m. for unsuitable sediments are evaluated: Building 99, San Diego, California 92136–5198 (Attn: Ms. Grace S. confined disposal facilities and barge ˜ ADDRESSES: The hearing will be held at Penafuerte, Code 5SPR.GP.) Written the Holiday Inn, Terrace Ballroom, 700 dewatering. Various disposal options for unsuitable dredged sediment are also comments are requested not later than National City Boulevard (at 8th Street), December 4, 2000. National City, California. evaluated, including confined nearshore disposal sites, upland landfill and Dated: October 16, 2000. FOR FURTHER INFORMATION CONTACT: ˜ reclamation sites, and upland reuse Grace S. Penafuerte, Naval Facilities J.L. Roth, areas. The DEIS also considers the No- Engineering Command, Southwest Judge Advocate General’s Corps, U.S. Navy, Action Alternative which is no Division, telephone (619) 556–7773, Federal Register Liaison Officer. demolition, no pier construction, and no facsimile (619) 556–8929, or e-mail: [FR Doc. 00–27081 Filed 10–19–00; 8:45 am] dredging and disposal. BILLING CODE 3810±FF±P [email protected]. The DEIS evaluates the environmental SUPPLEMENTARY INFORMATION: Pursuant effects associated with each of the to Section 102(2)(c) of the National alternatives and options. Issues DEPARTMENT OF EDUCATION Environmental Policy Act (NEPA) of addressed in the DEIS include: Water 1969, as implemented by the Council on resources, biological resources, Notice of Proposed Information Environmental Quality Regulations (40 topography/geology, air quality, health Collection Requests CFR Parts 1500–1508), the Navy has and safety, land use, noise, prepared and filed with the EPA a DEIS transportation, aesthetics, cultural AGENCY: Department of Education for a replacement pier and dredging at resources, utilities, socioeconomics, and SUMMARY: The Leader, Regulatory NAVSTA San Diego, California, to environmental justice. Impact analyses Information Management Group, Office

VerDate 112000 17:13 Oct 19, 2000 Jkt 194001 PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 E:\FR\FM\20OCN1.SGM pfrm08 PsN: 20OCN1 63066 Federal Register / Vol. 65, No. 204 / Friday, October 20, 2000 / Notices of the Chief Information Officer, invites Reporting and Recordkeeping Hour Relay Service (FIRS) at 1–800–877– comments on the proposed information Burden: 8339. collection requests as required by the Responses: 2,788 [FR Doc. 00–26986 Filed 10–19–00; 8:45 am] Paperwork Reduction Act of 1995. Burden Hours: 8,592. BILLING CODE 4000±01±U DATES: Interested persons are invited to submit comments on or before Abstract: REA provides competitive December 19, 2000. reading and literacy grants to state DEPARTMENT OF EDUCATION SUPPLEMENTARY INFORMATION: Section education agencies to help high- [CFDA No. 84.210A] 3506 of the Paperwork Reduction Act of proverty schools and those in Title I improvement status to: (1) Teach every 1995 (44 U.S.C. Chapter 35) requires The Native Hawaiian Gifted and child to read by the end of the third that the Office of Management and Talented Program Budget (OMB) provide interested grade; (2) provide children in early Federal agencies and the public an early childhood with the readiness skills and AGENCY: Department of Education. opportunity to comment on information support they need to learn to read once ACTION: Notice inviting applications for collection requests. OMB may amend or they enter school; (3) expand the new awards for fiscal year (FY) 2001. waive the requirement for public number of high-quality family literacy consultation to the extent that public programs; (4) provide early intervention Purpose of Program: To support a participation in the approval process to children who are at risk of being program for gifted and talented would defeat the purpose of the identified for special education education that is designed to (1) address information collection, violate State or inappropriately; and (5) base the special needs of Native Hawaiian Federal law, or substantially interfere instruction, including tutoring, on elementary and secondary school with any agency’s ability to perform its scientifically-based reading research. students who are gifted and talented statutory obligations. The Leader, The first cohort of 17 states was funded students; and (2) provide those support Regulatory Information Management in the summer of 1999. The REA State- services to families of such students that Group, Office of the Chief Information District-School Study fulfills the states’ are needed to enable such students to Officer, publishes that notice containing performance reporting requirements. benefit from the program. Eligible Applicants: Native Hawaiian proposed information collection In addition, the study will: (1) Collect requests prior to submission of these educational organizations or and analyze demographic and educational entities with experience in requests to OMB. descriptive information on REA states, Each proposed information collection, developing or operating Native districts and schools in order to provide Hawaiian programs or programs of grouped by office, contains the a contextual backdrop and sampling for following: (1) Type of review requested, instruction conducted in the Native two national evaluations—the School Hawaiian language. e.g. new, revision, extension, existing or and Classroom Implementation and reinstatement; (2) title; (3) summary of Applications Available: October 20, Impact (SCII) study and the Children’s 2000. the collection; (4) description of the Reading Gains (Gains) study; (2) need for, and proposed use of, the Deadline for Transmittal of compare eligible but not funded with Applications: December 4, 2000. information; (5) respondents and funded districts and schools; (3) frequency of collection; and (6) Estimated Available Funds: $1.5 augment the agency’s REA monitoring million to $2.1 million. reporting and/or Recordkeeping burden. within each State Education Agency OMB invites public comment. Note: The amount of funds, if any, (SEA), Local Education Agency (LEA), available under this competition is The Department of Education is and school; (4) track performance over especially interested in public comment conditioned upon FY 2001 funds being time; (5) inform the states’ development appropriated for these purposes. addressing the following issues: (1) Is of indicators of program quality; and (6) Estimated Range of Awards: $750,000 this collection necessary to the proper provide data for the National Institute to $2.1 million. functions of the Department; (2) will for Literacy’s effort to disseminate Estimated Number of Awards: 1 this information be processed and used information on effective subgrantee in a timely manner; (3) is the estimate projects. Note: These estimates are projections for of burden accurate; (4) how might the the guidance of potential applicants. The Department enhance the quality, utility, Requests for copies of the proposed Department is not bound by any estimates in and clarity of the information to be information collection request may be this notice. accessed from http://edicsweb.ed.gov, or collected; and (5) how might the Project Period: Up to 36 months. should be addressed to Vivian Reese, Department minimize the burden of this Applicable Regulations: The Department of Education, 400 Maryland collection on the respondents, including Education Department General Avenue, SW, Room 4050, Regional through the use of information Administrative Regulations (EDGAR) in Office Building 3, Washington, DC technology. 34 CFR Parts 74, 75, 77, 79, 80, 81, 82, 20202–4651. Requests may also be 86, 97, 98, and 99. Dated: October 16, 2000. electronically mailed to the internet John Tressler, _ _ Selection Criteria: The Secretary will address OCIO IMG [email protected] or use the following selection criteria in 34 Leader, Regulatory Information Management, faxed to 202–708–9346. Please specify Office of the Chief Information Officer. CFR 75.210 to evaluate applications the complete title of the information under this competition. (The specific Office of Elementary and Secondary collection when making your request. selection criteria and factors that will be Education Comments regarding burden and/or used in evaluating applications are Type of Review: New collection. the collection activity requirements detailed in the application package.) Title: Reading Excellence Act (REA) should be directed to Kathy Axt at her The maximum score for all of the State-District-School Study (KA). internet address [email protected]. selection criteria is 100 points. Frequency: Semi-Annually; Annually. Individuals who use a The maximum points for each Affected Public: State, Local, or Tribal telecommunications device for the deaf criterion is as follows: Gov’t, SEAs or LEAs (primary). (TDD) may call the Federal Information (a) Significance—15 points.

VerDate 112000 17:13 Oct 19, 2000 Jkt 194001 PO 00000 Frm 00015 Fmt 4703 Sfmt 4703 E:\FR\FM\20OCN1.SGM pfrm08 PsN: 20OCN1 Federal Register / Vol. 65, No. 204 / Friday, October 20, 2000 / Notices 63067

(b) Quality of Project Design—35 DEPARTMENT OF ENERGY Operations Office, P.O. Box 2001, EM– points. 90, Oak Ridge, TN 37831, or by calling (c) Quality of Project Personnel—10 Environmental Management Site- him at (865) 576–4094. Specific Advisory Board, Oak Ridge points. Issued at Washington, DC on October 17, (d) Adequacy of Resources—5 points. Reservation 2000. (e) Quality of Management Plan—15 AGENCY: Department of Energy. Rachel M. Samuel, points. ACTION: Notice of open meeting. Deputy Advisory Committee Management (f) Quality of Project Evaluation—20 Officer. points. SUMMARY: This notice announces a For Applications and Information [FR Doc. 00–26994 Filed 10–19–00; 8:45 am] meeting of the Environmental BILLING CODE 6450±01±P Contact: Mrs. Lynn Thomas, Telephone: Management Site-Specific Advisory (202) 260-1541, U.S. Department of Board (EM SSAB) Oak Ridge. The Education, 400 Maryland Avenue, SW, Federal Advisory Committee Act (Pub. DEPARTMENT OF ENERGY FOB6, Room 3C124, Mail Stop 6140, L. 92–463, 86 Stat. 770) requires that Washington, DC 20202. The e-mail public notice of these meeting be Federal Energy Regulatory address for announced in the Federal Register. Commission Mrs. Thomas is: [email protected] DATES: Wednesday, November 8, 2000 [Docket No. ER00±3457±000] Individuals who use a 6:00 p.m.—9:30 p.m. telecommunications device for the deaf ADDRESSES: Garden Plaza Hotel 215 Badger Generating Company, LLC; (TDD) may call the Federal Information South Illinois Avenue, Oak Ridge, TN. Notice of Issuance of Order Relay Service (FIRS) at 1–800–877– FOR FURTHER INFORMATION CONTACT: 8339. October 17, 2000. Individuals with disabilities may Dave Adler, Federal Coordinator, Badger Generating Company, LLC obtain this document in an alternate Department of Energy Oak Ridge (Badger) submitted for filing a rate format (e.g., Braille, large print, Operations Office, P.O. Box 2001, EM– schedule under which Badger will audiotape, or computer diskette) on 90, Oak Ridge, TN 37831. Phone (865) engage in wholesale electric power and request to the contact person listed 576–4094; Fax (865) 576–9121 or e-mail: energy transactions at market-basked above. [email protected]. rates. Badger also requested waiver of Individuals with disabilities may also SUPPLEMENTARY INFORMATION: various Commission regulations. In obtain a copy of the application package Purpose of the Board: The purpose of particular, Badger requested that the in an alternate format on request to the the Board is to make recommendations Commission grant blanket approval contact person listed above. However, to DOE and its regulators in the areas of under 18 CFR Part 34 of all future the Department is not able to reproduce environmental restoration, waste issuances of securities and assumptions in an alternate format the standard management, and related activities. of liability by Badger. forms included in the application Tentative Agenda: On October 10, 2000, pursuant to package. 1. A presentation on the delegated authority, the Director, ‘‘Revitalization of the Oak Ridge Division of Corporate Applications, Electronic Access To This Document National Laboratory’’ will be Office of Markets, Tariffs and Rates, You may view this document, as well provided by Mr. Tim Myrick of UT- granted requests for blanket approval as other Department of Education Batelle. under Part 34, subject to the following: documents published in the Federal Public Participation: The meeting is Within thirty days of the date of the Register, in text or Adobe Portable open to the public. Written statements order, any person desiring to be heard Document format (PDF) on the Internet may be filed with the Committee either or to protest the blanket approval of at either of the following sites: before or after the meeting. Individuals issuances of securities or assumptions of http://ocfo.ed.gov/fedreg.htm who wish to make oral statements liability by Badger should file a motion http://www/ed.gov/news.html pertaining to agenda items should to intervene or protest with the Federal To use PDF you must have Adobe contact Dave Adler at the address or Energy Regulatory Commission, 888 Acrobat Reader, which is available free telephone number listed above. First Street, NE., Washington, DC 20426, at either of the preceding sites. If you Requests must be received five days in accordance with rules 211 and 214 of have questions about using PDF, call the prior to the meeting and reasonable the Commission’s Rules of Practice and U.S. Government Printing Office, toll provision will be made to include the Procedure (18 CFR 385.211 and free, at 1–888–293–6498, or in the presentation in the agenda. The Deputy 385.214). Washington, DC area at (202) 512–1530. Designated Federal Officer is Absent a request for hearing within Note: The official version of this document empowered to conduct the meeting in a this period, Badger is authorized to is the document published in the Federal fashion that will facilitate the orderly issue securities and assume obligations Register. Free Internet access to the official conduct of business. Each individual or liabilities as a guarantor, indorser, edition of the Federal Register and the Code wishing to make public comment will surety, or otherwise in respect of any of Federal Regulations is available on GPO be provided a maximum of five minutes security of another person; provided Access at: to present their comments at the end of that such issuance or assumption is for http://www.access.gpo.gov/nara/index.html the meeting. some lawful object within the corporate Program Authority: 20 USC 7907. Minutes: Minutes of this meeting will purposes of the applicant, and be available for public review and compatible with the public interest, and Dated: October 19, 2000. copying at the Department of Energy’s is reasonably necessary or appropriate Michael Cohen, Information Resource Center at 105 for such purposes. Assistant Secretary for Elementary and Broadway, Oak Ridge, TN between 7:30 The Commission reserves the right to Secondary Education. a.m. and 5:30 p.m. Monday through require a further showing that neither [FR Doc. 00–27160 Filed 10–19–00; 8:45 am] Friday, or by writing to Dave Adler, public nor private interests will be BILLING CODE 4000±01±U Department of Energy Oak Ridge adversely affected by continued

VerDate 112000 13:06 Oct 19, 2000 Jkt 194001 PO 00000 Frm 00016 Fmt 4703 Sfmt 4703 E:\FR\FM\20OCN1.SGM pfrm04 PsN: 20OCN1 63068 Federal Register / Vol. 65, No. 204 / Friday, October 20, 2000 / Notices approval of Badger’s issuances of is reasonably necessary or appropriate 2. Southern Company Energy securities or assumptions of liability. for such purposes. Marketing, L.P. Notice is hereby given that the The Commission reserves the right to [Docket No. ER97–4166–008] deadline for filing motions to intervene require a further showing that neither Take notice that on October 10, 2000, or protests, as set forth above, is public nor private interests will be Southern Company Energy Marketing, November 9, 2000. adversely affected by continued L.P., tendered for filing an updated Copies of the full text of the Order are approval of Coyote’s issuances of market power study in compliance with available from the Commission’s Public securities or assumptions of liability. the Federal Energy Regulatory Reference Branch, 888 First Street, NE., Notice is hereby given that the Commission’s order in Southern Washington, DC 20426. The Order may deadline for filing motions to intervene Company Energy Marketing L.P., 81 also be viewed on the Internet at http:/ or protests, as set forth above, is /www.ferc.fed.us/online/rims.htm (call FERC ¶ 61,009 (1997). November 13, 2000. Comment date: October 31, 2000, in 202–208–2222 for assistance). Copies of the full text of the Order are accordance with Standard Paragraph E available from the Commission’s Public David P. Boergers, at the end of this notice. Reference Branch, 888 First Street, NE, Secretary. Washington, DC 20426. The Order may 3. American Electric Power Service [FR Doc. 00–27023 Filed 10–19–00; 8:45 am] also be viewed on the Internet at http:/ Corporation BILLING CODE 6717±01±M /www.ferc.fed.us/online/rims.htm (call [Docket No. ER01–67–000] 202–208–2222 for assistance). Take notice that on October 10, 2000, DEPARTMENT OF ENERGY David P. Boergers, American Electric Power Service Secretary. Corporation, tendered for filing on Federal Energy Regulatory [FR Doc. 00–27022 Filed 10–19–00; 8:45 am] behalf of the operating companies of the Commission BILLING CODE 6717±01±M American Electric Power System (AEP), [Docket No. ER00±3758±000] proposed amendments to the Open Access Transmission Tariff accepted for Coyote Springs 2, LLC; Notice of DEPARTMENT OF ENERGY filing by the Commission in Docket No. Issuance of Order ER98–2786–000. Federal Energy Regulatory AEP requests waiver of notice to October 17, 2000. Commission permit an effective date of December 1, Coyote Springs 2, LLC (Coyote) 2000, for such amendments. submitted for filing a rate schedule [Docket No. ER00±612±001, et al.] Copies of the filing have been served under which Coyote will engage in upon AEP’s transmission customers and wholesale electric power and energy Ameren Services Company, Electric the state utility regulatory commissions transactions at market-based rates. Rate and Corporate Regulation Filings of Arkansas, Indiana, Kentucky, Coyote also requested waiver of various Louisiana, Michigan, Ohio, Oklahoma, Commission regulations. In particular, October 13, 2000. Tennessee, Texas, Virginia and West Coyote requested that the Commission Take notice that the following filings Virginia. grant blanket approval of 18 CFR part 34 have been made with the Commission: Comment date: October 31, 2000, in of all future issuances of securities and 1. Ameren Services Company accordance with Standard Paragraph E assumptions of liability by Coyote. at the end of this notice. On October 12, 2000, pursuant to [Docket No. ER00–612–001] 4. Jersey Central Power & Light delegated authority, the Director, Take notice that on October 10, 2000, Company Metropolitan Edison Division of Corporate Applications, Ameren Services Company (Ameren), Company Pennsylvania Electric Office of Markets, Tariffs and Rates, on behalf of the Ameren Operating Company granted requests for blanket approval Companies, AmerenUE and Ameren under part 34, subject to the following: CIPS, tendered for filing a copy of [Docket No. ER01–68–000] Within thirty days of the date of the Schedule 4A to the Open Access Take notice that on October 10, 2000, order, any person desiring to be heard Transmission Tariff of the Ameren Jersey Central Power & Light Company, or to protest the blanket approval of Operating Companies as that Schedule Metropolitan Edison Company and issuances of securities or assumptions of was accepted by letter order of Pennsylvania Electric Company liability by Coyote should file a motion September 18, 2000 in Docket No. tendered for filing notice that effective to intervene or protest with the Federal ER00–612–000. Schedule 4A has been December 6, 2000, the Service Energy Regulatory Commission, 888 reformatted to conform with Order No. Agreement between GPU Energy, on First Street, NE, Washington, DC 20426, 614 but with no changes to the text behalf of Jersey Central Power & Light in accordance with Rules 211 and 214 accepted by the Commission. Company, Metropolitan Edison of the Commission’s Rules of Practice Ameren seeks an effective date of Company and Pennsylvania Electric and Procedure (18 CFR 385.211 and November 22, 1999 for this reformatted Company (jointly referred to as the GPU 385.214). Schedule 4A. Accordingly, Ameren Operating Companies) and Horizon Absent a request for hearing within seeks waiver of the Commission’s notice Energy Company (now PECO Energy this period, Coyote is authorized to requirements. Company d/b/a Exelon Energy), dated issue securities and assume obligations Copies of the filing have been served October 21, 1997 and filed with the or liabilities as a guarantor, endorser, on all parties to Docket Nos. ER00–612– Federal Energy Regulatory Commission surety, or otherwise in respect of any 000 and ER00–3623–000 and on the as Service Agreement No. 87 under security of another person; provided Missouri Public Service Commission FERC Electric Tariff, Original Volume that such issuance or assumption is for and the Illinois Commerce Commission. No. 1 is to be canceled. some lawful object within the corporate Comment date: October 31, 2000, in Notice of the proposed cancellation purposes of the applicant, and accordance with Standard Paragraph E has been served upon PECO Energy compatible with the public interest, and at the end of this notice. Company d/b/a Exelon Energy.

VerDate 112000 17:13 Oct 19, 2000 Jkt 194001 PO 00000 Frm 00017 Fmt 4703 Sfmt 4703 E:\FR\FM\20OCN1.SGM pfrm08 PsN: 20OCN1 Federal Register / Vol. 65, No. 204 / Friday, October 20, 2000 / Notices 63069

Comment date: October 31, 2000, in GPU Energy requests that cancellation 11. Cinergy Services, Inc. accordance with Standard Paragraph E be effective December 6, 2000. [Docket No. ER01–75–000] at the end of this notice. Comment date: October 31, 2000, in accordance with Standard Paragraph E Take notice that on October 10, 2000, 5. Jersey Central Power & Light at the end of this notice. Cinergy Services, Inc. (Cinergy) Company Metropolitan Edison tendered for filing a Firm Point-To-Point Company Pennsylvania Electric 8. Jersey Central Power & Light Service Agreement under Cinergy’s Company Company, Metropolitan Edison Open Access Transmission Service [Docket No. ER01–69–000] Company, Pennsylvania Electric Tariff (OATT) entered into between Company Cinergy and Alliance Energy Services Take notice that on October 10, 2000, [Docket No. ER01–72–000] (‘‘Alliance’’). Jersey Central Power & Light Company, Cinergy and Alliance are requesting Metropolitan Edison Company and Take notice that on October 10, 2000, an effective date of September 6, 2000. Pennsylvania Electric Company Jersey Central Power & Light Company, Comment date: October 31, 2000, in (individually doing business as GPU Metropolitan Edison Company and accordance with Standard Paragraph E Energy), tendered for filing a Notice of Pennsylvania Electric Company at the end of this notice. Cancellation of the Service Agreement (individually doing business as GPU between GPU Energy and DTE Energy Energy), tendered for filing a Notice of 12. Cinergy Services, Inc. Trading, Inc., FERC Electric Tariff, Cancellation of the Service Agreement [Docket No. ER01–76–000] Original Volume No. 1, Service between GPU Service Corporation and Take notice that on October 10, 2000, Agreement No. 93. New York State Electric & Gas Cinergy Services, Inc. (Cinergy) GPU Energy requests that cancellation Corporation, FERC Electric Tariff, tendered for filing a Non-Firm Point-To- be effective December 6, 2000. Original Volume No. 1, Service Point Service Agreement under Comment date: October 31, 2000, in Agreement No. 20. GPU Energy requests Cinergy’s Open Access Transmission accordance with Standard Paragraph E that cancellation be effective December Service Tariff (OATT) entered into at the end of this notice. 6, 2000. between Cinergy and Alliance Energy Comment date: October 31, 2000, in 6. Jersey Central Power & Light Services (Alliance). accordance with Standard Paragraph E Company Metropolitan Edison Cinergy and Alliance are requesting at the end of this notice. Company Pennsylvania Electric an effective date of September 6, 2000. Company 9. Jersey Central Power & Light Comment date: October 31, 2000, in accordance with Standard Paragraph E [Docket No. ER01–70–000] Company, Metropolitan Edison Company, Pennsylvania Electric at the end of this notice. Take notice that on October 10, 2000, Company Jersey Central Power & Light Company, 13. Cinergy Services, Inc. Metropolitan Edison Company and [Docket No. ER01–73–000] [Docket No. ER01–77–000] Pennsylvania Electric Company Take notice that on October 10, 2000, Take notice that on October 10, 2000, (individually doing business as GPU Jersey Central Power & Light Company, Cinergy Services, Inc. (Cinergy) Energy), tendered for filing a Notice of Metropolitan Edison Company and tendered for filing a Non-Firm Point-To- Cancellation of the Service Agreement Pennsylvania Electric Company Point Service Agreement under between GPU Service Corporation and (individually doing business as GPU Cinergy’s Open Access Transmission The Cincinnati Gas & Electric Company, Energy), tendered for filing a Notice of Service Tariff (OATT) entered into PSI Energy, Inc. and Cinergy Services, Cancellation of the Service Agreement between Cinergy and MidAmerican Inc. (referred to as the Cinergy between GPU Service Corporation and Energy Company (MECB). Operating Companies), FERC Electric Vastar Power Marketing, Inc. (now Cinergy and MECB are requesting an Tariff, Original Volume No. 1, Service Southern Company Energy Marketing effective date of September 6, 2000. Agreement No. 42. L.P.), FERC Electric Tariff, Original Comment date: October 31, 2000, in GPU Energy requests that cancellation Volume No. 1, Service Agreement No. accordance with Standard Paragraph E be effective December 6, 2000. 50. at the end of this notice. Comment date: October 31, 2000, in GPU Energy requests that cancellation accordance with Standard Paragraph E be effective December 6, 2000. 14. Cinergy Services, Inc. at the end of this notice. Comment date: October 31, 2000, in [Docket No. ER01–78–000] accordance with Standard Paragraph E 7. Jersey Central Power & Light Take notice that on October 10, 2000, at the end of this notice. Company, Metropolitan Edison Cinergy Services, Inc. (Cinergy) Company, Pennsylvania Electric 10. Cinergy Services, Inc. tendered for filing a Firm Point-To-Point Company Service Agreement under Cinergy’s [Docket No. ER01–74–000] Open Access Transmission Service [Docket No. ER01–71–000] Take notice that on October 10, 2000, Tariff (OATT) entered into between Take notice that on October 10, 2000, Cinergy Services, Inc. (Cinergy) Cinergy and MidAmerican Energy Jersey Central Power & Light Company, tendered for filing a Non-Firm Point-To- Company—Retail (MECR). Metropolitan Edison Company and Point Service Agreement under Cinergy and MECR are requesting an Pennsylvania Electric Company Cinergy’s Open Access Transmission effective date of September 6, 2000. (individually doing business as GPU Service Tariff (OATT) entered into Comment date: October 31, 2000, in Energy), tendered for filing a Notice of between Cinergy and MidAmerican accordance with Standard Paragraph E Cancellation of the Service Agreement Energy Company—Retail (MECR). at the end of this notice. between GPU Service Corporation and Cinergy and MECR are requesting an 15. Cinergy Services, Inc. Noram Energy Services, Inc. (now effective date of September 6, 2000. Reliant Energy Services, Inc.), FERC Comment date: October 31, 2000, in [Docket No. ER01–79–000] Electric Tariff, Original Volume No. 1, accordance with Standard Paragraph E Take notice that on October 10, 2000, Service Agreement No. 37. at the end of this notice. Cinergy Services, Inc. (Cinergy)

VerDate 112000 13:06 Oct 19, 2000 Jkt 194001 PO 00000 Frm 00018 Fmt 4703 Sfmt 4703 E:\FR\FM\20OCN1.SGM pfrm04 PsN: 20OCN1 63070 Federal Register / Vol. 65, No. 204 / Friday, October 20, 2000 / Notices tendered for filing a Firm Point-To-Point 18. Pacific Gas and Electric Company Comment date: October 31, 2000, in Service Agreement under Cinergy’s [Docket No. ER01–82–000] accordance with Standard Paragraph E Open Access Transmission Service at the end of this notice. Take notice that on October 10, 2000, Tariff (OATT) entered into between Pacific Gas and Electric Company Cinergy and MidAmerican Energy 21. Pacific Gas and Electric Company (PG&E), tendered for filing a Notice of Company (MECB). [Docket No. ER01–86–000] Cinergy and MECB are requesting an Termination of the Settlement effective date of September 6, 2000. Agreement concerning FERC Docket No. Take notice that on October 10, 2000, Comment date: October 31, 2000, in ER89–4–000, between Pacific Gas and Pacific Gas and Electric Company accordance with Standard Paragraph E Electric Company and Northern (PG&E), tendered for filing a Service at the end of this notice. California Power Agency, on file with Agreement for Wholesale Distribution the Commission as PG&E Rate Schedule Service between The City of Sunnyvale 16. California Power Exchange FERC No. 128. California (Sunnyvale), and Pacific Gas Corporation PG&E has requested certain waivers. and Electric Company (Service [Docket No. ER01–80–000] Copies of this filing have been served Agreement) pursuant to the PG&E Take notice that on October 10, 2000, upon the Northern California Power Wholesale Distribution Tariff (WDT). Agency and the California Public the California Power Exchange The Service Agreement facilitates Corporation (CalPX), on behalf of its Utilities Commission. Comment date: October 31, 2000, in payment of PG&E’s costs of designing, CalPX Trading Services Division (CTS), constructing, procuring, testing, placing filed Amendment No. 5 to the CalPX accordance with Standard Paragraph E at the end of this notice. in operation, owning, operating and Trading Services Second Revised Rate maintaining the customer-specific Schedule FERC No. 1. The primary 19. Allegheny Power Service facilities requested by Sunnyvale purpose of Amendment No. 5 is to Corporation on Behalf of Monongahela required for service over PG&E’s streamline Appendix 4 of the Rate Power Company, The Potomac Edison distribution facilities. Schedule, which contains the Company, and West Penn Power PG&E has requested certain waivers. Participation Agreement between CTS Company (Allegheny Power) and its participants. CTS requests an Copies of this filing have been served [Docket No. ER01–84–000] effective date of December 10, 2000, upon Sunnyvale and the California sixty days after the date of this filing. Take notice that on October 10, 2000, Public Utilities Commission. Allegheny Power Service Corporation CTS also proposes to clarify that default Comment date: October 31, 2000, in chargebacks will be billed as on behalf of Monongahela Power Company, The Potomac Edison accordance with Standard Paragraph E administrative fees and proposes a few at the end of this notice. non-substantive editorial changes. Company and West Penn Power CTS has served copies of the filing on Company (Allegheny Power), tendered 22. Green Mountain Power Corporation its participants and on the California for filing Service Agreement No. 327 to [Docket No. ER01–88–000] Public Utilities Commission and has add Dominion Retail, Inc., to Allegheny posted a copy of the filing on its Power’s Open Access Transmission Take notice that on October 10, 2000, website. Service Tariff. Green Mountain Power Corporation Comment date: October 31, 2000, in The proposed effective date under the (GMP), tendered a for filing a notice of accordance with Standard Paragraph E agreement is October 9, 2000. cancellation and a service agreement for at the end of this notice. Copies of the filing have been Vermont Electric Cooperative, Inc., to provided to the Public Utilities 17. California Power Exchange take service under its Network Commission of Ohio, the Pennsylvania Integration Transmission Service tariff. Corporation Public Utility Commission, the [Docket No. ER01–81–000] Maryland Public Service Commission, Copies of this filing have been served on each of the affected parties, the Take notice that on October 10, 2000, the Virginia State Corporation Vermont Public Service Board and the the California Power Exchange Commission, and the West Virginia Vermont Department of Public Service. Corporation (CalPX), tendered for filing Public Service Commission. its Tariff Amendment No. 20. The Comment date: October 31, 2000, in Comment date: October 31, 2000, in purpose of Tariff Amendment No. 20 is accordance with Standard Paragraph E accordance with Standard Paragraph E to clarify that any default charge backs at the end of this notice. at the end of this notice. paid on a pro-rata basis by participants 20. Indianapolis Power & Light 23. Arizona Public Service Company will be included on the invoice as an Company administrative charge. [Docket No. ER01–87–000] CalPX requests an effective date of [Docket No. ER01–85–000] Take notice that on October 10, 2000, December 10, 2000. Take notice that on October 10, 2000, CalPX states that it has served this Indianapolis Power & Light Company Arizona Public Service Company (the filing on its participants and on the (IPL), tendered for filing an executed Company), tendered for filing an California Public Utilities Commission service agreement for Non-Firm Point- informational report on refunds of and has posted a copy of the filing on to-Point transmission service with Duke overbilled amounts to certain wholesale its website. Energy Trading and Marketing, L.L.C., customers through the Company’s FERC Comment date: October 31, 2000, in under IPL’s Open Access Transmission Fuel Adjustment Clause. accordance with Standard Paragraph E Tariff. IPL also submits an index of Copies of this filing have been served at the end of this notice. customers. upon the affected parties as follows:

VerDate 112000 13:06 Oct 19, 2000 Jkt 194001 PO 00000 Frm 00019 Fmt 4703 Sfmt 4703 E:\FR\FM\20OCN1.SGM pfrm04 PsN: 20OCN1 Federal Register / Vol. 65, No. 204 / Friday, October 20, 2000 / Notices 63071

APS±FPC/ Customer name FERC rate schedule 1

Electrical District No. 3 (ED±3) ...... 12 Tohono O'odham Utility Authority ...... 52 Wellton-Mohawk Irrigation and Drainage District (Wellton-Mohawk) ...... 58 Arizona Power Authority (APA) ...... 59 Colorado River Indian Irrigation Project ...... 65 Electrical District No. 1 (ED±1) ...... 68 Town of Wickenburg (Wickenburg) ...... 74 Southern California Edison Company (SCE) ...... 120 Electrical District No. 6 (ED±6) ...... 126 Electrical District No. 7 (ED±7) ...... 128 Electrical District No. 8 (ED±8) ...... 140 Aguila Irrigation District (AID) ...... 141 McMullen Valley Water Conservation and Drainage District (MVD) ...... 142 Tonopah Irrigation District (TID) ...... 143 Harquahala Valley Power District (HVPD) ...... 153 Buckeye Water Conservation and Drainage District (Buckeye) ...... 155 Roosevelt Irrigation District (RID) ...... 158 Maricopa County Municipal Water Conservation District (MCMWCD) ...... 168 City of Williams (Williams) ...... 192 San Carlos Indian Irrigation Project (SCIIP) ...... 201 Maricopa County Municipal WCD at Lake Pleasant (MCMLake) ...... 209 1 FERC Rate Schedules shown are those that were in effect during the refund period. the California Public Utilities viewed on the Internet at http:// burden and costs. Before submitting this Commission and the Arizona www.ferc.fed.us/ online/rims.htm (call ICR to the Office of Management and Corporation Commission. 202–208–2222 for assistance). Budget (OMB) for review and approval Comment date: October 31, 2000, in under the PRA, EPA is soliciting accordance with Standard Paragraph E David P. Boergers, comments on specific aspects of the at the end of this notice. Secretary. collection. [FR Doc. 00–26957 Filed 10–19–00; 8:45 am] 24. Madison Gas and Electric Company DATES: Written comments, identified by BILLING CODE 6717±01±P the docket control number OPPTS– [Docket No. ER01–96–000] 00298 and administrative record Take notice that on October 10, 2000, number AR–227, must be received on or Madison Gas and Electric Company ENVIRONMENTAL PROTECTION before December 19, 2000. (MGE), tendered for filing a service AGENCY ADDRESSES: Comments may be agreement under MGE’s Market-Based [OPPTS±00298; FRL±6746±9] submitted by mail, electronically, or in Power Sales Tariff with Tenaska Power person. Please follow the detailed Services Company. Asbestos-Containing Materials in MGE requests the agreement be instructions for each method as Schools Rule and Revised Asbestos provided in Unit III. of the effective on the date it was filed with Model Accreditation Plan Rule; the FERC. SUPPLEMENTARY INFORMATION. To ensure Request for Comment on Renewal of proper receipt by EPA, it is imperative Comment date: October 31, 2000, in Information Collection Activities accordance with Standard Paragraph E that you identify docket control number at the end of this notice. AGENCY: Environmental Protection OPPTS–00298 and administrative Agency (EPA). record number AR–227 in the subject Standard Paragraphs line on the first page of your response. ACTION: Notice. E. Any person desiring to be heard or FOR FURTHER INFORMATION CONTACT: For to protest such filing should file a SUMMARY: In compliance with the general information contact: Barbara motion to intervene or protest with the Paperwork Reduction Act (PRA), EPA is Cunningham, Director, Office of Federal Energy Regulatory Commission, seeking public comment and Program Management and Evaluation, 888 First Street, NE., Washington, DC information on the following Office of Pollution Prevention and 20426, in accordance with Rules 211 Information Collection Request (ICR): Toxics (7401), Environmental Protection and 214 of the Commission’s Rules of Asbestos-Containing Materials in Agency, 1200 Pennsylvania Ave., NW., Practice and Procedure (18 CFR 385.211 Schools Rule and Revised Asbestos Washington, DC 20460; telephone and 385.214). All such motions or Model Accreditation Plan Rule (EPA number: (202) 554–1404; e-mail address: protests should be filed on or before the ICR No. 1365.05, OMB No. 2070–0091). [email protected]. comment date. Protests will be This ICR involves a collection activity For technical information contact: considered by the Commission in that is currently approved and Tony Baney, National Program determining the appropriate action to be scheduled to expire on May 31, 2001. Chemicals Division (7404), Office of taken, but will not serve to make The information collected under this Pollution Prevention and Toxics, protestants parties to the proceeding. ICR relates to the detection and Environmental Protection Agency, 1200 Any person wishing to become a party management of asbestos in school Pennsylvania Ave., NW., Washington, must file a motion to intervene. Copies buildings, thereby protecting the DC 20460; telephone number: (202) of these filings are on file with the environment and public health. The ICR 260–3933; fax number: (202) 260–1724; Commission and are available for public describes the nature of the information e-mail address: [email protected]. inspection. This filing may also be collection activity and its expected SUPPLEMENTARY INFORMATION:

VerDate 112000 13:06 Oct 19, 2000 Jkt 194001 PO 00000 Frm 00020 Fmt 4703 Sfmt 4703 E:\FR\FM\20OCN1.SGM pfrm04 PsN: 20OCN1 63072 Federal Register / Vol. 65, No. 204 / Friday, October 20, 2000 / Notices

I. Does this Action Apply to Me? C. In Person Comments and data will also be accepted on standard disks in You may be potentially affected by The Agency has established an official record for this action under docket WordPerfect 6.1/8.0 or ASCII file this action if you are a local education format. All comments in electronic form agency (LEA), e.g., an elementary or control number OPPTS–00298 and administrative record number AR–227. must be identified by docket control secondary school district); an asbestos number OPPTS–00298 and training provider to schools and The official record consists of the documents specifically referenced in administrative record number AR–227. educational systems; a state education this action, any public comments Electronic comments may also be filed department or commission; or received during an applicable comment online at many Federal Depository administer public health programs. period, and other information related to Libraries. Potentially affected categories and this action, including any information entities may include, but are not limited B. How Should I Handle CBI that I Want claimed as Confidential Business to: to Submit to the Agency? Information (CBI). This official record includes the documents that are Do not submit any information physically located in the docket, as well electronically that you consider to be as the documents that are referenced in CBI. You may claim information that you submit to EPA in response to this Type of business SIC those documents. The public version of codes the official record does not include any document as CBI by marking any part or information claimed as CBI. The public all of that information as CBI. Elementary and secondary schools 8211 version of the official record, which Information so marked will not be Schools and educational services, 8299 includes printed, paper versions of any disclosed except in accordance with not elsewhere classified (training procedures set forth in 40 CFR part 2. providers) electronic comments submitted during Administration of educational pro- 9411 an applicable comment period, is In addition to one complete version of grams (State education depart- available for inspection in the TSCA the comment that includes any ments, commissions, and similar Nonconfidential Information Center, information claimed as CBI, a copy of educational organizations) North East Mall Rm. B–607, Waterside the comment that does not contain the Administration of public health pro- 9431 Mall, 401 M St., SW., Washington, DC. information claimed as CBI must be grams The Center is open from noon to 4 p.m., submitted for inclusion in the public Monday through Friday, excluding legal version of the official record. This table is not intended to be holidays. The telephone number for the Information not marked confidential exhaustive, but rather provides a guide Center is (202) 260–7099. will be included in the public version of the official record without prior for readers regarding entities likely to be III. How Can I Respond to this Action? affected by this action. Other types of notice. If you have any questions about entities not listed in this table could A. How and to Whom Do I Submit CBI or the procedures for claiming CBI, also be affected. The Standard Industrial Comments? please consult the technical person listed under FOR FURTHER INFORMATION Classification (SIC) codes are provided You may submit comments through CONTACT. to assist you and others in determining the mail, in person, or electronically. To whether or not this action might apply ensure proper receipt by EPA, it is C. What Should I Consider when I to certain entities. If you have any imperative that you identify docket Prepare My Comments for EPA? questions regarding the applicability of control number OPPTS–00298 and You may find the following this action to a particular entity, consult administrative record number AR–227 the technical person listed under FOR suggestions helpful for preparing your on the subject line on the first page of comments: FURTHER INFORMATION CONTACT. your response. 1. By mail. Submit your comments to: 1. Explain your views as clearly as II. How Can I Get Additional possible. Information, Including Copies of this Document Control Office (7407), Office of Pollution Prevention and Toxics 2. Describe any assumptions that you Document and Other Related used. Documents? (OPPT), Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 3. Provide copies of any technical A. Electronically Washington, DC 20460. information and/or data you used that 2. In person or by courier. Deliver support your views. You may obtain electronic copies of your comments to: OPPT Document 4. If you estimate potential burden or this document, and certain other related Control Office (DCO) in East Tower Rm. costs, explain how you arrived at the documents that might be available G–099, Waterside Mall, 401 M St., SW., estimate that you provide. electronically, from the EPA Internet Washington, DC. The DCO is open from 5. Provide specific examples to Home Page at http://www.epa.gov/. On 8 a.m. to 4 p.m., Monday through illustrate your concerns. the Home Page select ‘‘Laws and Friday, excluding legal holidays. The 6. Offer alternative ways to improve Regulations,’’ ‘‘Regulations and telephone number for the DCO is (202) the collection activity. Proposed Rules,’’ and then look up the 260–7093. 7. Make sure to submit your entry for this document under the 3. Electronically. Submit your comments by the deadline in this ‘‘Federal Register—Environmental comments and/or data electronically by notice. Documents.’’ You can also go directly to e-mail to: [email protected], or mail 8. To ensure proper receipt by EPA, the Federal Register listings at http:// your computer disk to the address be sure to identify the docket control www.epa.gov/fedrgstr/. identified in Units III.A.1. and 2. Do not number and administrative record B. Fax-on-Demand submit any information electronically number assigned to this action in the that you consider to be CBI. Electronic subject line on the first page of your Using a faxphone call (202) 401–0527 comments must be submitted as an response. You may also provide the and select item 4083 for a copy of the ASCII file avoiding the use of special name, date, and Federal Register ICR. characters and any form of encryption. citation.

VerDate 112000 13:06 Oct 19, 2000 Jkt 194001 PO 00000 Frm 00021 Fmt 4703 Sfmt 4703 E:\FR\FM\20OCN1.SGM pfrm04 PsN: 20OCN1 Federal Register / Vol. 65, No. 204 / Friday, October 20, 2000 / Notices 63073

D. What Information is EPA Particularly asbestos in schools rule, and reporting OMB. This change reflects changes in Interested in? and recordkeeping requirements the numbers of school buildings Pursuant to PRA section imposed on States and training containing friable asbestos (adjustment), 3506(c)(2)(A), EPA specifically solicits providers related to the model offset slightly by an increase in the comments and information to enable it accreditation plan rule. Responses to the burden that applies to training providers to: collection of information are mandatory (adjustment). (see 40 CFR part 763, subpart E). 1. Evaluate whether the proposed VII. What is the Next Step in the Respondents may claim all or part of a collections of information are necessary Process for this ICR? for the proper performance of the notice confidential. EPA will disclose EPA will consider the comments functions of the Agency, including information that is covered by a claim received and amend the ICR as whether the information will have of confidentiality only to the extent appropriate. The final ICR package will practical utility. permitted by, and in accordance with, then be submitted to OMB for review 2. Evaluate the accuracy of the the procedures in TSCA section 14 and and approval pursuant to 5 CFR Agency’s estimates of the burdens of the 40 CFR part 2. 1320.12. EPA will issue another Federal proposed collections of information. V. What are EPA’s Burden and Cost Register notice pursuant to 5 CFR 3. Enhance the quality, utility, and Estimates for this ICR? 1320.5(a)(1)(iv) to announce the clarity of the information to be Under the PRA, ‘‘burden’’ means the submission of the ICR to OMB and the collected. total time, effort, or financial resources opportunity to submit additional 4. Minimize the burden of the expended by persons to generate, comments to OMB. If you have any collections of information on those who maintain, retain, or disclose or provide questions about this ICR or the approval are to respond, including through the information to or for a Federal Agency. process, please contact the technical use of appropriate automated or For this collection it includes the time person listed under FOR FURTHER electronic collection technologies or needed to review instructions; develop, INFORMATION CONTACT. other forms of information technology, acquire, install, and utilize technology e.g., permitting electronic submission of and systems for the purposes of List of Subjects responses. collecting, validating, and verifying Environmental protection, Reporting IV. What Information Collection information, processing and and recordkeeping requirements. Activity or ICR Does this Action Apply maintaining information, and disclosing to? and providing information; adjust the Dated: October 11, 2000. EPA is seeking comments on the existing ways to comply with any Susan H. Wayland, following ICR: previously applicable instructions and Acting Assistant Administrator for Title: Asbestos-Containing Materials requirements; train personnel to be able Prevention, Pesticides and Toxic Substances. to respond to a collection of in Schools Rule and Revised Asbestos [FR Doc. 00–27013 Filed 10–19–00; 8:45 am] information; search data sources; Model Accreditation Plan Rule. BILLING CODE 6560±50±S ICR numbers: EPA ICR No. 1365.05, complete and review the collection of OMB No. 2070–0091. information; and transmit or otherwise ICR status: This ICR is currently disclose the information. ENVIRONMENTAL PROTECTION The ICR provides a detailed scheduled to expire on May 31, 2001. AGENCY explanation of this estimate, which is An agency may not conduct or sponsor, only briefly summarized in this notice. [FRL±6886±3] and a person is not required to respond The annual public burden for this to, a collection of information, unless it collection of information is estimated to Agency Information Collection displays a currently valid OMB control average in range between 5.5 hours per Activities: Proposed Collection; number. The OMB control numbers for respondent and 140 hours per Comment Request; IAQ Practices in EPA’s information collections appear on respondent, depending upon the Schools Survey the collection instruments or category of respondent. The following is instructions, in the Federal Register AGENCY: Environmental Protection a summary of the estimates taken from notices for related rulemakings and ICR Agency (EPA). the ICR: notices, and, if the collection is ACTION: Notice. Respondents/affected entities: contained in a regulation, in a table of 107,759. OMB approval numbers in 40 CFR part SUMMARY: In compliance with the Estimated total number of potential Paperwork Reduction Act (44 U.S.C. 9. respondents: 107,759. Abstract: The Asbestos Hazard 3501 et seq.), this document announces Frequency of response: On occasion. that EPA is planning to submit the Emergency Response Act (AHERA) Estimated total/average number of requires LEAs to conduct inspections, following proposed Information responses for each respondent: One. Collection Request (ICR) to the Office of develop management plans, and design Estimated total annual burden hours: Management and Budget (OMB): IAQ or conduct response actions with 2,212,151 hours. Practices in Schools Survey, EPA ICR respect to the presence of asbestos- Estimated total annual burden costs: Number 1885.01. Before submitting the containing materials in school $58,860,737. buildings. AHERA also requires States ICR to OMB for review and approval, to develop model accreditation plans for VI. Are There Changes in the Estimates EPA is soliciting comments on specific persons who perform asbestos from the Last Approval? aspects of the proposed information inspections, develop management There is a net decrease of 155,142 collection as described below. control plans, and design or conduct hours (from 2,367,293 hours to DATES: Comments must be submitted on response actions. This information 2,212,151 hours) in the total estimated or before December 19, 2000. collection addresses the burden respondent burden compared with that ADDRESSES: To obtain a copy of the ICR associated with recordkeeping identified in the information collection without charge, contact: Mr. John requirements imposed on LEAs by the request most recently approved by Guevin, Indoor Environments Division,

VerDate 112000 13:06 Oct 19, 2000 Jkt 194001 PO 00000 Frm 00022 Fmt 4703 Sfmt 4703 E:\FR\FM\20OCN1.SGM pfrm04 PsN: 20OCN1 63074 Federal Register / Vol. 65, No. 204 / Friday, October 20, 2000 / Notices

Office of Radiation and Indoor Air, U.S. (iv) Minimize the burden of the submitted DFW and BPA Attainment Environmental Protection Agency, 1200 collection of information on those who Demonstration State Implementation Pennsylvania Avenue, NW, (6609J), are to respond, including through the Plans (SIP) for ozone are adequate for Washington, D.C. 20460. use of appropriate automated electronic, transportation conformity purposes. As FOR FURTHER INFORMATION CONTACT: Mr. mechanical, or other technological a result of this determination, the John Guevin by phone at (202) 564– collection techniques or other forms of budgets from the submitted attainment 9055 or by e-mail at information technology, e.g., permitting SIPs must be used for transportation [email protected]. electronic submission of responses. conformity determinations in the DFW Burden Statement: EPA estimates the and BPA areas. The EPA received no SUPPLEMENTARY INFORMATION: annual public reporting and record public comments. Affected entities: Entities potentially keeping burden for this collection of DATES: These budgets are effective affected by this action are all public and information to be 1.3 hours per mail November 6, 2000. private schools operating in the United response and 0.8 hours per telephone States during the school year FOR FURTHER INFORMATION CONTACT: Mr. response. Burden means the total time, immediately preceding the year in J. Behnam, P.E., The U.S. Environmental effort, or financial resources expended which the survey is conducted. Protection Agency, 1445 Ross Avenue, by persons to generate, maintain, retain, Title: IAQ Practices in Schools Survey Dallas, Texas 75202; telephone (214) or disclose or provide information to or (EPA ICR No. 1885.01). This is a new 665–7247. for a Federal agency. This includes the collection. SUPPLEMENTARY INFORMATION: Abstract: As part of its authorization time needed to review instructions; Transportation conformity is required under Title IV of SARA, 1986, the develop, acquire, install, and utilize by section 176(c) of the Clean Air Act. Indoor Environments Division (IED) of technology and systems for the purposes The EPA’s conformity rule, 40 CFR part EPA’s Office of Radiation and Indoor of collecting, validating, and verifying 93, requires that transportation plans, Air has been working to promote more information, processing and programs, and projects conform to SIPs effective approaches for preventing, maintaining information, and disclosing and establishes the criteria and identifying, and solving indoor air and providing information; adjust the procedures for determining whether or quality (IAQ) problems in schools and existing ways to comply with any not they do. Conformity to a SIP means has developed low-cost guidance previously applicable instructions and that transportation activities will not entitled IAQ Tools for Schools for that requirements; train personnel to be able produce new air quality violations, purpose. to respond to a collection of worsen existing violations, or delay The IAQ Practices in Schools Survey information; search data sources; timely attainment of the national will allow EPA to gain information complete and review the collection of ambient air quality standards. The regarding the number of schools that information; and transmit or otherwise criteria by which EPA determines have implemented sound IAQ- disclose the information. whether a SIP’s motor vehicle emission management practices, such as those This survey effort is expected to cost budgets are adequate for conformity activities recommended in its guidance. approximately $27.60 per mail response purposes are outlined in 40 CFR These data are essential for measuring and $16.95 per telephone response. 93.118(e)(4). An adequacy review is the effectiveness of EPA’s outreach Respondents will incur no capital or separate from EPA’s completeness efforts against the Agency’s established start-up costs, and the only operation review, and it should not be used to GPRA goal. EPA is working towards and maintenance component of the prejudge EPA’s ultimate approval of the achieving the implementation of sound survey will be the cost to photocopy the SIP. Even if we find a budget adequate, IAQ practices in 15 percent, or 16,650, survey once completed (if desired). the SIP could later be disapproved. of the nation’s public and private Dated: October 6, 2000. On March 2, 1999, the United States schools by 2005. The IAQ Practices in Mary T. Smith, Court of Appeals for the District of Schools Survey is voluntary. Director, Indoor Environments Division. Columbia Circuit issued its opinion in An agency may not conduct or [FR Doc. 00–27033 Filed 10–19–00; 8:45 am] Environmental Defense Fund (EDF) v. sponsor, and a person is not required to BILLING CODE 6560±50±U Environmental Protection Agency, 167 respond to, a collection of information F.3d 641 (D.C. Cir. 1999), and ruled that unless it displays a currently valid OMB budgets contained in submitted SIPs control number. The OMB control ENVIRONMENTAL PROTECTION cannot be used for conformity numbers for EPA’s regulations are listed AGENCY determinations unless EPA has in 40 CFR part 9 and 48 CFR Chapter affirmatively found the conformity 15. [FRL±6885±3] budget adequate. We have described our The EPA would like to solicit Adequacy Status of Submitted State process for determining the adequacy of comments to: Implementation Plans (SIP) for submitted SIP budgets in the policy (i) Evaluate whether the proposed Transportation Conformity Purposes: guidance dated May 14, 1999, and titled collection of information is necessary Dallas-Fort Worth (DFW) and Conformity Guidance on for the proper performance of the Beaumont-Port Arthur (BPA) Implementation of March 2, 1999 functions of the Agency, including Attainment Demonstration SIPs for Conformity Court Decision. You may whether the information will have Ozone obtain a copy of this guidance from practical utility; EPA’s conformity web site: http:// (ii) Evaluate the accuracy of the AGENCY: Environmental Protection www.epa.gov/oms/traq (once there, Agency’s estimate of the burden of the Agency (EPA). click on ‘‘conformity’’ and then scroll proposed collection of information, ACTION: Notice of adequacy down) or by contacting us at the address including the validity of the determination. above. methodology and assumptions used; By this notice, we are simply (iii) Enhance the quality, utility, and SUMMARY: In this notice, the EPA is announcing the DFW and BPA clarity of the information to be announcing that the motor vehicle adequacy determinations that we have collected; and emissions budgets contained in the already made. The Governor of Texas

VerDate 112000 17:13 Oct 19, 2000 Jkt 194001 PO 00000 Frm 00023 Fmt 4703 Sfmt 4703 E:\FR\FM\20OCN1.SGM pfrm08 PsN: 20OCN1 Federal Register / Vol. 65, No. 204 / Friday, October 20, 2000 / Notices 63075 submitted the DFW Attainment statements (EISs) was published in FR the facility location and the prison Demonstration SIP on April 25, 2000. dated April 14, 2000 (65 FR 20157). industry component of the proposed The Attainment SIP contained the 2007 project. EPA also recommended that all Draft EISs motor vehicle emissions budgets for wetlands be avoided on the preferred VOC (107.60 tons/day) and NOX (164.30 ERP No. D–AFS–F65027–MN Rating project site. tons/day) for the DFW ozone LO, Little East Creek Fuel Reduction ERP No. D–IBR–K39062–00 Rating nonattainment area. On May 9, 2000, Project, Plan to Grant Access Across EC2, Colorado River Interim Surplus the availability of those budgets was Federal Land to Non-Federal Criteria, To Determine Water Surplus posted on EPA’s web site for the Landowners, Implementation, LaCroix for use within the States of Arizona, purpose of soliciting public comments. Ranger District, Superior National California and Nevada (from 2001 The public comment period closed on Forest, Saint Louis County, MN. through 2015), Colorado River Basin, June 8, 2000, and the EPA did not Summary: EPA has no objections to AZ, CA and NV. receive any comments. Also, the the project. Summary: EPA expressed concerns Governor submitted additional ERP No. D–AFS–K65228–CA Rating with the minimal evaluation of indirect information on the BPA Attainment EC2, Airport Forest Health Project, impacts from use and storage of surplus Demonstration SIP on April 25, 2000, to Forest Health Improvements through water and of mitigation measures for supplement the November 15, 1999, Reduction of Fuel Loads and Fire direct, indirect, and cumulative effects. initial submission. The Attainment SIP Hazards and Wildlife Habitat The surplus determination should also contained the 2007 motor vehicle Improvements Implementation, Pacific include more specific requirements for emissions budgets for VOC (17.22 tons/ Ranger District, El Dorado National efficient and beneficial use of the Forest, El Dorado and Placer Counties, day) and NOX (29.94 tons/day) for the declared surplus. CA. BPA ozone nonattainment area. On Final EISs August 1, 2000, the availability of those Summary: EPA expressed concerns budgets was posted on EPA’s web site regarding purpose and need, the range ERP No. F–AFS–J65309–UT Trout for the purpose of soliciting public of alternatives analyzed, and lack of Slope East Timber Project, Timber comments. The public comment period appropriate mitigation for 2.2 miles of Harvest and Associated Activities, closed on August 31, 2000, and the EPA new road construction. EPA also Implementation, Vernal Ranger District, did not receive any comments. After the recommended consideration of land Ashley National Forest, Uintah County, public comment process, we sent a tenure adjustments to block ownership, UT. letter, dated September 6, 2000, to the and disclosure of potential conflicts Summary: EPA’s comments and Texas Natural Resource Conservation with standards and guidelines being concerns with the draft EIS were Commission stating that these budgets developed as part of the Sierra Nevada adequately addressed, therefore, EPA are adequate and they must be used for Forest Plan Amendment process. has no objections with the proposed ERP No. D–AFS–L65363–OR Rating transportation conformity action. EC2, Anthony Lakes Mountain Resort determinations. ERP No. F–AFS–L65348–ID Idaho Therefore, the budgets contained in Master Development Plan, Upgrading Panhandle National Forests, Small the submitted DFW and BPA and Additional Development, Approval, Sales, Harvesting Dead and Damaged Attainment SIPs as cited in this notice Baker Ranger District, Wallowa- Timber, Coeur d’Alene River Range must be used for transportation Whitman National Forest, Grant, Union District, Kootenai and Shoshone conformity by the Metropolitan and Baker Counties, OR. Counties, ID. Summary: EPA expressed concerns Planning Organizations in the DFW and Summary: EPA’s previous concerns with the potential impacts associated BPA areas. were addressed, therefore, EPA has no from the addition of snowmobile rentals objection to the action as proposed. Dated: September 29, 2000. to the Master Development Plan (MDP). ERP No. F–COE–E39049–FL Myron M. Knudson, The final EIS should disclose additional Improving the Regulatory Process in Acting Regional Administrator, Region 6. information regarding how the number Southwest Florida for the Review of [FR Doc. 00–27035 Filed 10–19–00; 8:45 am] of allowable rentals will be defined in Applications for the Fill of Wetlands BILLING CODE 6560±50±P both the MDP and the Special Use (US Army COE Section 404 Permit), Lee Permit. and Collier Counties, FL. ERP No. D–AFS–L65364–ID Rating Summary: EPA stated with some ENVIRONMENTAL PROTECTION EC2, South Fourth of July Ecosystem substantive changes, the proposed AGENCY Restoration Project, Implementation, permit review process (assessing the Salmon-Cobalt Ranger District, Salmon- direct, indirect/induced, and [ER±FRL±6611±9] Challis National Forest, Lemhi County, cumulative impact(s) on wetland and Environmental Impact Statements and ID. related systems) can provide effective Regulations; Availability of EPA Summary: EPA expressed concerns wetland regulation in southwest Comments about water quality, air quality and Florida. cumulative effects and requested ERP No. F–FTA–C53004–NY Mid- Availability of EPA comments additional information that would Harlem Line Third Track Project, prepared pursuant to the Environmental address our concerns. Construct a New 2.5 mile Third Track Review Process (ERP), under Section ERP No. D–BOP–K80042–CA Rating between Fleetwood and Crestwood 309 of the Clean Air Act and Section EC2, Lompoc United States Penitentiary Stations, Funding, Westchester County, 102(2)(c) of the National Environmental (UPS) Construction and Operation of a NY. Policy Act as amended. Requests for New High-Security Facility and Summary: EPA continues to lack copies of EPA comments can be directed Ancillary Structures on One of Three objections to the proposed action since to the Office of Federal Activities at Sites located in the City of Lopmoc, no significant new issues were raised (202) 260–5076. Funding, Santa Barbara County, CA. since the draft EIS. An explanation of the ratings assigned Summary: EPA expressed concerns ERP No. F–USN–C11016–NY to draft environmental impact regarding lack of information specific to Brooklyn Naval Station Disposal and

VerDate 112000 13:06 Oct 19, 2000 Jkt 194001 PO 00000 Frm 00024 Fmt 4703 Sfmt 4703 E:\FR\FM\20OCN1.SGM pfrm04 PsN: 20OCN1 63076 Federal Register / Vol. 65, No. 204 / Friday, October 20, 2000 / Notices

Reuse, Implementation, King County, EIS No. 000350, Final EIS, NPS, KS, Bernardino County, CA, Due: NY. Tallgrass Prairie National Preserve December 04, 2000, Contact: James Summary: Previous concerns General Management Plan, Williams (909) 657–5390. identified at the draft EIS were Implementation, Flint Hills Region, EIS No. 000359, Draft EIS, USN, CA, Chase County, KS, Due: November 20, satisfactorily addressed in the final EIS, Naval Station (NAVSTA) San Diego therefore EPA has no objection to the 2000, Contact: Steve Miller (316) 273– Replacement Pier and Dredging action as proposed. 6034. Improvements, Construction, ERP No. FS–NPS–E61066–FL Big EIS No. 000351, Final EIS, NPS, MN, Cypress National Preserve, General WI, Lower Saint Croix National Dredging and Dredged Material Management Plan, Implementation, Scenic Riverway Cooperative Disposal, San Diego Naval Complex, New Information on the Special Management Plan, Implementation, San Diego, CA, Due: December 04, Alternative for the Off-Road Vehicle MN and WI, Due: November 20, 2000, 2000, Contact: Grace S. Penafuerte Management Plan, Collier, Dade and Contact: Michael Madell (608) 441– (619) 556–7773. Monroe Counties, FL. 5600. EIS No. 000360, Draft Supplement, Summary: EPA expressed continuing EIS No. 000352, Final EIS, BLM, NRC, Generic—License Renewal of concerns regarding surface water Programmatic EIS—Surface Nuclear Plants, Arkansas Nuclear Management Regulations for quality. One, Unit 1, COE Section 10 and 404 Locatable Mineral Operation, (43 CFR Permits, Pope County, AR (NUREG– Dated: October 17, 2000. 3809), Public Land, Due: November Joseph C. Montgomery, 20, 2000, Contact: Paul McNutt (775) 1437), Due: January 04, 2001, Contact: Director, NEPA Compliance Division, Office 861–6604. Thomas Kenyon (301) 415–1120. of Federal Activities. EIS No. 000353, Draft EIS, JUS, WA, EIS No. 000361, Draft Supplement, FTA, [FR Doc. 00–27063 Filed 10–19–00; 8:45 am] Tacoma/Seattle Area Detention WA, Central Link Light Rail Transit BILLING CODE 6560±50±P Center, Construction and Leasing, Project, (Sound Transit), Construction Pierce County, WA, Due: December and Operation, Alternative Route 04, 2000, Contact: Eric Verwers (817) Considered, Tukwila Freeway Route, ENVIRONMENTAL PROTECTION 978–0202. COE Section 10 and 404 Permits, AGENCY EIS No. 000354, Draft EIS, FHW, NJ, NJ– Cities of Tukwila, SeaTac, Seattle, 52(1) Causeway (known as MacArthur King County, WA, Due: December 04, [ER±FRL±6611±8] Boulevard) Construction Project, 2000, Contact: John Witmer (206) between NJ–9 in Somers Point, 220–4463. Environmental Impact Statements; Atlantic County to Bay Avenue in Notice of Availability Ocean City, Cape May County, EIS No. 000362, Draft EIS, GSA, DC, Bureau of Alcohol, Tobacco and Responsible Agency: Office of Federal Funding, COE Section 404 and 10 Activities, General Information (202) Permits, USCG Permit, Atlantic and Firearms National Headquarters 564–7167 OR www.epa.gov/oeca/ofa Cape May Counties, NJ, Due: Building, Site Acquisition, Design and December 05, 2000, Contact: Gene Construction, Washington, D.C., Due: Weekly receipt of Environmental Impact Amparano (609) 637–4234. December 04, 2000, Contact: Dawud Statements EIS No. 000355, Final EIS, AS, CA, 64- Abdur-Rahman (202) 260–3368. Filed October 09, 2000 Through October Acre Tract Intermodal Transit Center, 13, 2000 Construction and Operation, Lake Amended Notices Pursuant to 40 CFR 1506.9. Tahoe Basin Management Unit, Tahoe EIS No. 000347, Final EIS, NPS, ID, MT, EIS No. 000320, Draft EIS, AS, AK, City, Placer County, CA, Due: Chugach National Forest, Proposed WY, MT, WY, Yellowstone and Grand November 20, 2000, Contact: Joe Oden Revised Land and Resource Teton National Parks and John D. (530) 573–2653. Rockefeller, Jr. Memorial Parkway EIS No. 000356, Draft EIS, FHW, NY, Management Plan, Implementation, Winter Use Plan, Implementation, NY–22 Transportation Improvement, Glacier, Seward and Cordora Ranger Fremont County, ID, Gallatin and Park from I–684 to north of County Road Districts, Kenai Peninsula Borough, Counties, MT and Park and Teton 65, Doansburg Road, Construction, AK, Due: December 14, 2000, Contact: Counties, WY, Due: November 20, COE Section 404 Permit, Town of Dave Gibbons (907) 271–2500. 2000, Contact: Clifford Hawkes (303) Southeast, Putnam County, NY, Due: Revision of FR notice published on 969–2262. December 04, 2000, Contact: Harold J. 09/15/2000: CEQ Comment Date EIS No. 000348, Final EIS, FHW, WV, Brown (518) 431–4127. corrected from 10/30/2000 to 12/14/ MD, VA, US 522 Upgrade and EIS No. 000357, Final EIS, COE, MS, 2000. Improvements Project, From the TN, MS, TN, Wolf River Ecosystem EIS No. 000333, Second Draft Supple, Virginia State Line through Morgan Restoration, Memphis, Tennessee JUS, TX, AZ, NM, CA, County to the Maryland State Line, Feasibility Study, Marshall, Benton Programmatic—Revised Draft Funding, NPDES and COE Section and Tippah Counties, MS and Shelby, Supplemental EIS US Naturalization 404 Permit, Berkeley Springs, Morgan Fayette and Harderman, TN, Due: Service (INS) and US Joint Task County, WV, Due: December 15, 2000, November 20, 2000, Contact: Richard Force-Six (JTF–6) Activities Along the Contact: Thomas Smith (304) 347– Hite (901) 544–0706. 5928. EIS No. 000358, Draft Supplement, US/Mexico Border from Brownsville, EIS No. 000349, Draft EIS, AFS, ID, BLM, CA, Cadiz Groundwater Storage Texas to San Diego, California, Due: Curfew National Grassland Land and and Dry-Year Supply Program, November 13, 2000, Contact: Eric Resource Management Plan, Amendment of the California Desert Verwers (817) 978–0202. Revision of Implementation, Caribou-Targhee Conservation Area Plan, Additional FR notice published on 09/29/2000: National Forest, Oneida County, ID, Information, Groundwater Monitoring Correction of Status from Revised Due: January 29, 2001, Contact: Jack and Management Program, Issuance of Draft to Revised Draft Supplemental Blackwell (801) 625–5605. Right-of-Way Grants and Permits, San EIS and Title Correction.

VerDate 112000 13:06 Oct 19, 2000 Jkt 194001 PO 00000 Frm 00025 Fmt 4703 Sfmt 4703 E:\FR\FM\20OCN1.SGM pfrm04 PsN: 20OCN1 Federal Register / Vol. 65, No. 204 / Friday, October 20, 2000 / Notices 63077

Dated: October 17, 2000. the person listed under FOR FURTHER opportunity to become even more Joseph C. Montgomery, INFORMATION CONTACT. informed about an organophosphate’s Director, NEPA Compliance Division, Office B. How Can I Get Additional risk assessment. EPA will describe in of Federal Activities. Information, Including Copies of this detail the revised risk assessment: [FR Doc. 00–27064 Filed 10–19–00; 8:45 am] Document and Other Related Including the major points (e.g., BILLING CODE 6560±50±P Documents? contributors to risk estimates); how public comment on the preliminary risk 1. Electronically. You may obtain assessment affected the revised risk electronic copies of this document, and ENVIRONMENTAL PROTECTION assessment; and the pesticide use AGENCY certain other related documents that might be available electronically, from information/data that was used in [OPP±34223A; FRL±6751±1] the EPA Internet Home Page at http:// developing the revised risk assessment. www.epa.gov/. To access this Stakeholders will have an opportunity Malathion; Revised Pesticide Risk to ask clarifying questions. In addition, Assessment; Notice of Public Meeting document, on the Home Page select ‘‘Laws and Regulations’’, ‘‘Regulations representatives of the USDA will be AGENCY: Environmental Protection and Proposed Rules,’’ and then look up present to discuss malathion risks. Agency (EPA). the entry for this document under the The technical briefing is part of the ACTION: Notice. ‘‘Federal Register—Environmental pilot public participation process that Documents.’’ You can also go directly to EPA and USDA are now using for SUMMARY: EPA will hold a public the Federal Register listings at http:// meeting to present the revised risk involving the public in the reassessment www.epa.gov/fedrgstr/. of pesticide tolerances under the Food assessment for the organophosphate To access information about Quality Protection Act (FQPA), and the pesticide malathion to interested organophosphate pesticides, you can stakeholders. This public meeting, also go directly to the Home Page for the reregistration of individual called a ‘‘Technical Briefing,’’ will Office of Pesticide Programs (OPP) at organophosphate pesticides under the provide an opportunity for stakeholders http://www.epa.gov/pesticides/op/. In Federal Insecticide, Fungicide, and to learn about the data, information, and addition, a brief summary of the Rodenticide Act (FIFRA). The pilot methodologies that the Agency used in malathion revised risk assessment is public participation process was revising its risk assessment for now available at http://www.epa.gov/ developed as part of the EPA-USDA malathion. In addition, representatives pesticides/op/status.htm/, as well as in Tolerance Reassessment Advisory of the Department of Agriculture paper as part of the public version of the Committee (TRAC), which was (USDA) will also be present to discuss official record as described in Unit I.B.2. established in April 1998 as a malathion risks. 2. In person. The Agency has subcommittee under the auspices of DATES: The technical briefing will be established an official record under EPA’s National Advisory Council for held on, November 9, 2000, from 9:00 docket control number OPP–34223A. Environmental Policy and Technology. a.m. to 5:00 p.m. The official record consists of the A goal of the pilot public participation ADDRESSES: The technical briefing will documents specifically referenced in process is to find a more effective way be held at the Radisson Hotel, Old Town this action, and other information for the public to participate at critical Alexandria, 901 N. Fairfax St., related to this action, including any junctures in the Agency’s development Alexandria, VA 22314, telephone information claimed as Confidential of organophosphate pesticide risk number: (703) 683–6000. Business Information (CBI). This official assessment and risk management record includes the documents that are FOR FURTHER INFORMATION CONTACT: By decisions. EPA and USDA began physically located in the docket, as well mail: Patricia Moe, Special Review and implementing this pilot process in as the documents that are referenced in Registration Division (7508C), Office of August 1998 in response to Vice those documents. The public version of Pesticide Programs, Environmental President Gore’s directive to increase Protection Agency, 1200 Pennsylvania the official record does not include any information claimed as CBI. The public transparency and opportunities for Ave., NW., Washington, DC 20460; stakeholder consultation. telephone number: (703) 308–8011; e- version of the official record, which mail address: [email protected]. includes printed, paper versions of any On the day of the technical briefing, electronic comments submitted during in addition to making copies available at SUPPLEMENTARY INFORMATION: an applicable comment period is the meeting site, the Agency will also I. General Information available for inspection in the Public release for public viewing the malathion Information and Records Integrity A. Does this Action Apply to Me? revised risk assessments and related Branch (PIRIB), Rm. 119, Crystal Mall documents to the Public Information This action applies to the public in #2, 1921 Jefferson Davis Hwy., and Records Integrity Branch and the general. As such, the Agency has not Arlington, VA, from 8:30 a.m. to 4 p.m., OPP Internet web site that are described attempted to specifically describe all the Monday through Friday, excluding legal in Unit I.B.1. In addition, the Agency entities potentially affected by this holidays. The PIRIB telephone number will issue a Federal Register notice to action. The Agency believes that a wide is (703) 305–5805. provide an opportunity for a 60–day range of stakeholders will be interested public participation period during in technical briefings on II. What Action is the Agency Taking? organophosphate pesticides, including This document announces the which the public may submit risk environmental, human health, and Agency’s intention to hold a technical management and mitigation ideas and agricultural advocates, the chemical briefing for the organophosphate recommendations and proposals for industry, pesticide users, and members pesticide, malathion. The Agency is transition. of the public interested in the use of presenting the revised risk assessments List of Subjects pesticides on food. If you have any for malathion to interested stakeholders. questions regarding the applicability of This technical briefing is designed to Environmental protection, Chemicals, this action to a particular entity, consult provide stakeholders with an Pesticides and pests.

VerDate 112000 13:06 Oct 19, 2000 Jkt 194001 PO 00000 Frm 00026 Fmt 4703 Sfmt 4703 E:\FR\FM\20OCN1.SGM pfrm04 PsN: 20OCN1 63078 Federal Register / Vol. 65, No. 204 / Friday, October 20, 2000 / Notices

Dated: October 12, 2000. OMB Control Number: 3060–0787. any penalty for failing to comply with Title: Implementation of the a collection of information subject to the Robert C. McNally, Subscriber Carrier Selection Changes Paperwork Reduction Act (PRA) that Acting Director, Special Review and Provisions of the Telecommunications does not display a valid control number. Reregistration Division, Office of Pesticide Act of 1996: Policies and Rules Comments are requested concerning (a) Programs. Concerning Unauthorized Changes of Whether the proposed collection of Consumers Long Distance Carriers. information is necessary for the proper [FR Doc. 00–27012 Filed 10–19–00; 8:45 am] Form Number: N/A. performance of the functions of the BILLING CODE 6560±50±S Type of Review: Extension. Commission, including whether the Respondents: Business or other for- information shall have practical utility; profit entities. (b) the accuracy of the Commission’s FEDERAL COMMUNICATIONS Number of Respondents: 28,676. burden estimate; (c) ways to enhance COMMISSION Estimated Time Per Response: 3.83 the quality, utility, and clarity of the hours (avg.). Notice of Public Information information collected; and (d) ways to Total Annual Burden: 109,876 hours. minimize the burden of the collection of Collection(s) Being Reviewed by the Annual Cost Burden: None. information on the respondents, Federal Communications Commission Frequency of Response: including the use of automated for Extension Under Delegated Recordkeeping; On occasion reporting collection techniques or other forms of Authority 5 CFR 1320 Authority, requirements; Third party disclosure. Comments Requested Needs and Uses: The goal of section information technology. 258 is to eliminate the practice of DATES: Written comments should be October 10, 2000. ‘‘slamming’’ which is the unauthorized submitted on or before November 20, SUMMARY: The Federal Communications change of a subscriber’s preferred 2000. If you anticipate that you will be Commission, as part of its continuing carrier. The FCC modified the liability submitting comments, but find it effort to reduce paperwork burden rules that apply when a consumer has difficult to do so within the period of invites the general public and other paid charges to a slamming carrier. In time allowed by this notice, you should Federal agencies to take this such instances, the new rules require a advise the contact listed below as soon opportunity to comment on the slamming carrier to pay out 150% of the as possible. following information collection(s), as collected charges to the authorized ADDRESSES: Direct all comments to Les required by the Paperwork Reduction carrier, which, in turn, will pay to the Smith, Federal Communications Act of 1995, Public Law 104–13. An consumer 50% of his or her original Commission, Room 1–A804, 445 12th agency may not conduct or sponsor a payment. The Order on Reconsideration Street, S.W., Washington, DC 20554 or collection of information unless it sets forth certain notification via the Internet to [email protected]. displays a currently valid control requirements to facilitate carriers’ FOR FURTHER INFORMATION CONTACT: For number. No person shall be subject to compliance with the liability rules. The additional information or copies of the any penalty for failing to comply with Commission believes these information collections contact Les a collection of information subject to the modifications will strengthen the ability Smith at (202) 418–0217 or via the Paperwork Reduction Act (PRA) that of our rules to deter slamming, while Internet at [email protected]. does not display a valid control number. addressing concerns raised with respect SUPPLEMENTARY INFORMATION: Comments are requested concerning (a) to its previous administrative OMB Control Number: 3060–0298. Whether the proposed collection of procedures. Title: Tariffs (Other than Tariff information is necessary for the proper Review Plan), 47 CFR Part 61. performance of the functions of the Fedral Communications Commission. Form Number: N/A. Commission, including whether the Magalie Roman Salas, Type of Review: Revision of a information shall have practical utility; Secretary. currently approved collection. (b) the accuracy of the Commission’s [FR Doc. 00–27039 Filed 10–19–00; 8:45 am] Respondents: Business or other for- burden estimate; (c) ways to enhance BILLING CODE 6712±01±P profit entities. the quality, utility, and clarity of the Number of Respondents: 2,000. information collected; and (d) ways to Estimate Time Per Response: 43 minimize the burden of the collection of FEDERAL COMMUNICATIONS hours. information on the respondents, COMMISSION Frequency of Response: Annual, including the use of automated biennial, and on occasion reporting collection techniques or other forms of Notice of Public Information requirements; Third party disclosure. information technology. Collection(s) Being Submitted to OMB Total Annual Burden: 682,555. for Review and Approval Total Annual Costs: $1,965,000. DATES: Persons wishing to comment on Needs and Uses: 47 CFR Part 61 is this information collection should October 11, 2000. designed to ensure that all tariffs filed submit comments on or before SUMMARY: The Federal Communications by common carriers are formally sound, December 19, 2000. Commissions, as part of its continuing well organized, and provide the FCC ADDRESSES: Direct all comments to Les effort to reduce paperwork burden and the public with sufficient Smith, Federal Communications invites the general public and other information to determine the justness Commissions, Room 1–A804, 445 12th Federal agencies to take this and reasonableness as required by the Street, S.W., Washington, DC 20554 or opportunity to comment on the Communications Act of 1934, as via the Internet to [email protected]. following information collection, as amended, of the rates, terms, and FOR FURTHER INFORMATION CONTACT: For required by the Paperwork Reduction conditions in those tariffs. additional information or copies of the Act of 1995, Public Law 104–13. An OMB Control Number: 3060–0771. information collections contact Les agency may not conduct or sponsor a Title: Procedure for Obtaining a Smith at 202–418–0217 or via the collection of information unless it Special Temporary Authorization in the Internet at [email protected]. displays a currently valid control Experimental Radio Service, 47 CFR SUPPLEMENTARY INFORMATION: number. No person shall be subject to 5.61.

VerDate 112000 17:13 Oct 19, 2000 Jkt 194001 PO 00000 Frm 00027 Fmt 4703 Sfmt 4703 E:\FR\FM\20OCN1.SGM pfrm08 PsN: 20OCN1 Federal Register / Vol. 65, No. 204 / Friday, October 20, 2000 / Notices 63079

Form Number: N/A. Federal Deposit Insurance Corporation. Dated: October 18, 2000. Type of Review: Extension of James D. LaPierre, Robert deV. Frierson, currently approved collection. Deputy Executive Secretary. Associate Secretary of the Board. Respondents: Businesses or other for- [FR Doc. 00–27150 Filed 10–18–00; 12:27 [FR Doc. 00–27116 Filed 10–18–00; 11:00 profit entities; State, Local or Tribal pm] am] Government. BILLING CODE 6714±01±M BILLING CODE 6210±01±P Number of Respondents: 500. Estimated Time Per Response: 1 hour. Total Annual Burden: 500 hours. FEDERAL ELECTION COMMISSION DEPARTMENT OF HEALTH AND Total Annual Cost: None. HUMAN SERVICES Needs and Uses: The commission Sunshine Act Meeting may issue a special temporary authority Centers for Disease Control and (STA) under part 5 of the rules in cases AGENCY: Federal Election Commission. Prevention where a need is shown for operation of Special Executive Session an authorized station for a limited time [60DAY±01±02] Date & Time: Wednesday, October 18, only, in a manner other than that Proposed Data Collections Submitted specified in the existing authorization, 2000, 10:00 a.m. Place: 999 E Street, N.W., for Public Comment and but does not conflict with the Recommendations Commission’s rules. A request for STA Washington, D.C. may be filed as an informal application. Status: This meeting will be closed to In compliance with the requirement the public pursuant to 11 CFR 2.4(b)(7). Federal Communications Commission. of Section 3506(c)(2)(A) of the Items to be discussed: Paperwork Reduction Act of 1995, the Magalie Roman Salas, Matters concerning participation in Centers for Disease Control and Secretary. civil actions or proceedings or Prevention (CDC) is providing an [FR Doc. 00–27040 Filed 10–19–00; 8:45 am] arbitration. opportunity for public comment on Person to Contact for Information: Mr. BILLING CODE 6712±01±P proposed data collection projects. To Ron Harris, Press Officer, Telephone: request more information on the (202) 694–1220. proposed projects or to obtain a copy of FEDERAL DEPOSIT INSURANCE Mary W. Dove, the data collection plans and CORPORATION Acting Secretary. instruments, call the CDC Assistant Reports Clearance Officer at 404–639– Sunshine Act Meeting [FR Doc. 00–27187 Filed 10–18–00; 2:52 pm] BILLING CODE 6715±01±M 7090. Comments are invited on: (i) Whether Pursuant to the provisions of the the proposed collection of information ‘‘Government in the Sunshine Act’’ (5 is necessary for the proper performance U.S.C. 552b), notice is hereby given that FEDERAL RESERVE SYSTEM of the functions of the CDC, including at 10:20 a.m. on Tuesday, October 17, whether the information shall have a 2000, the Board of Directors of the Sunshine Act Meeting practical utility; (ii) the accuracy of the Federal Deposit Insurance Corporation agency’s estimate of the burden of the met in closed session to consider TIME AND DATE: 10 a.m., Wednesday, proposed collection of information; (iii) matters relating to the Corporation’s October 25, 2000. ways to enhance the quality, utility, and supervisory and corporate activities. PLACE: Marriner S. Eccles Federal clarity of the information to be In calling the meeting, the Board Reserve Board Building, 20th and C collected; and (iv) ways to minimize the determined, on motion of Vice Streets, NW, Washington, DC 20551. burden of the collection of information Chairman Andrew C. Hove, Jr., STATUS: Closed. on respondents, including the use of seconded by Director Ellen S. Seidman MATTERS TO BE CONSIDERED: automated collection techniques or (Director, Office of thrift Supervision), 1. Personnel actions (appointments, other forms of information technology. concurred in by Director John D. Hawke, promotions, assignments, Send comments to Seleda Perryman, Jr. (Comptroller of the Currency), and reassignments, and salary actions) CDC Assistant Reports Clearance Chairman Donna Tanoue, that involving individual Federal Reserve Officer, 1600 Clifton Road, MS–D24, Corporation business required its System employees. Atlanta, Georgia 30333. Written consideration of the matters on less than 2. Any matters carried forward from a comments should be received within 60 seven days’ notice to the public; that no previously announced meeting. days of this notice. notice earlier than October 12, 2000, of CONTACT PERSON FOR MORE INFORMATION: the meeting was practicable; that the Lynn S. Fox, Assistant to the Board; Proposed Project public interest did not require 202–452–3204. Information Collection to Establish consideration of the matters in a SUPPLEMENTARY INFORMATION: You may Community Assistance Panels (CAPs) meeting open to public observation; and call 202–452–3206 beginning at OMB No.0923–0007—Extension—The that the matters could be considered in approximately 5 p.m. two business days Agency for Toxic Substances and a closed meeting by authority of before the meeting for a recorded Disease Registry (ATSDR) is mandated subsections (c)(2), (c)(4), (c)(6), (c)(8), announcement of bank and bank pursuant to the 1980 Comprehensive (c)(9)(A)(ii) and (c)(9)(B) of the holding company applications Environmental Response Compensation ‘‘Government in the Sunshine Act’’ (5 scheduled for the meeting; or you may and Liability Act (CERCLA), and its U.S.C. 552b(c)(2), (c)(4), (c)(6), (c)(8), contact the Board’s Web site at http:// 1986 Amendments, The Superfund (c)(9)(A)(ii), and (c)(9)(B)). www.federalreserve.gov for an Amendments and Reauthorization Act The meeting was held in the Board electronic announcement that not only (SARA), to prevent or mitigate adverse Room of the FDIC Building located at lists applications, but also indicates human health effects and diminished 550–17th Street, NW., Washington, DC. procedural and other information about quality of life resulting from the Dated: October 17, 2000. the meeting. exposure to hazardous substances into

VerDate 112000 13:06 Oct 19, 2000 Jkt 194001 PO 00000 Frm 00028 Fmt 4703 Sfmt 4703 E:\FR\FM\20OCN1.SGM pfrm04 PsN: 20OCN1 63080 Federal Register / Vol. 65, No. 204 / Friday, October 20, 2000 / Notices the environment. To facilitate this effort, in a timely manner. Also, this direct nominate themselves or others for ATSDR seeks the cooperation of the interaction fosters a clear understanding participation on these panels. This community being evaluated through of health issues that the community request is for a 3-year extension of the direct communication and interaction. considers to be of importance and current OMB approval of the Direct community involvement is establishes credibility for the agency. Community Assistance Panel required to conduct a comprehensive The Community Assistance Panel nominations form. There is no cost to scientific study and to effectively nominations forms are completed by respondents. disseminate specific health information individuals in the community to

Total Number of Number of Avg. burden annualized Respondents Respondents responses/ per response burden respondent (in hrs.) (in hrs.)

General Public ...... 150 1 .1666 25

Dated: October 16, 2000. Resources and Housing Branch, New health education campaigns and Nancy Cheal, Executive Office Building, Room 10235; improve communication strategies Acting Associate Director for Policy Planning, Washington, DC 20503. Written aimed at young people, and inform and and Evaluation, Centers for Disease Control comments should be received within 30 guide ATSDR partners who may be and Prevention (CDC). days of this notice. planning similar educational [FR Doc. 00–27048 Filed 10–19–00; 8:45 am] interventions. Proposed Project BILLING CODE 4163±18±P An educational intervention will be Youth Environmental Risk Perception designed and implemented in a school- Survey—New—Agency for Toxic based setting to see if and how three DEPARTMENT OF HEALTH AND Substances and Disease Registry communication variables influence HUMAN SERVICES (ATSDR). In 1996, the Agency for Toxic young people’s knowledge and behavior Substances and Disease Registry of environmental hazards. The key Centers for Disease Control and (ATSDR) launched a child health variables in this study are the source of Prevention initiative to investigate knowledge and the message, the contaminant, and the awareness of environmental hazards individual’s perception of risk. A study [30DAY±73±00] among children and youth. ATSDR is population of 360 male and female Agency Forms Undergoing Paperwork designing a new study, Risk Perceptions students will be randomly selected from Reduction Act Review Among Youth of Environmental 7th and 8th grade science classes in a Hazards, to evaluate whether an large metropolitan school district. Each The Centers for Disease Control and educational intervention influences risk study participant will complete two Prevention (CDC) publishes a list of perceptions and knowledge of written surveys (e.g., a pre-test and post- information collection requests under environmental toxins among middle test) administered prior to and review by the Office of Management and school-aged students in a large immediately after listening to risk and Budget (OMB) in compliance with the metropolitan area. The results of this hazard information. The results will be Paperwork Reduction Act (44 U.S.C. study will shed light on the ways young evaluated to determine the impact of Chapter 35). To request a copy of these people learn about and use new different types and sources of requests, call the CDC Reports Clearance information on environmental hazards. information on the risk perceptions of Officer at (404) 639–7090. Send written The results of this study will also be participants. The estimated annualized comments to CDC, Desk Officer; Human used to develop targeted environmental burden is 90 hours.

Number of Number of Avg. burden Type of respondents respondents responses/ per response per year respondent (in hrs.)

Middle school students ...... 360 1 15/60

Dated: October 16, 2000. DEPARTMENT OF HEALTH AND Services, has submitted to the Office of Nancy Cheal, HUMAN SERVICES Management and Budget (OMB) the Acting Associate Director for Policy, Planning following proposal for the collection of and Evaluation, Centers for Disease Control Health Care Financing Administration information. Interested persons are and Prevention (CDC). invited to send comments regarding the [FR Doc. 00–27049 Filed 10–19–00; 8:45 am] [Document Identifier: HCFA±10015] burden estimate or any other aspect of BILLING CODE 4163±18±P this collection of information, including Agency Information Collection any of the following subjects: (1) The Activities: Submission for OMB necessity and utility of the proposed Review; Comment Request information collection for the proper In compliance with the requirement performance of the agency’s functions; of section 3506(c)(2)A) of the Paperwork (2) the accuracy of the estimated Reduction Act of 1995, the Health Care burden; (3) ways to enhance the quality, Financing Administration (HCFA), utility, and clarity of the information to Department of Health and Human be collected; and (4) the use of

VerDate 112000 17:13 Oct 19, 2000 Jkt 194001 PO 00000 Frm 00029 Fmt 4703 Sfmt 4703 E:\FR\FM\20OCN1.SGM pfrm08 PsN: 20OCN1 Federal Register / Vol. 65, No. 204 / Friday, October 20, 2000 / Notices 63081 automated collection techniques or DEPARTMENT OF HEALTH AND rendered to Medicare beneficiaries. It is other forms of information technology to HUMAN SERVICES also used to gather data to properly minimize the information collection evaluate the demonstration. It has been burden. Health Care Financing Administration in use since 1979. Type of Information Collection [Document Identifier: HCFA±R±199 and Frequency: Annually. Request: New collection. HCFA±255] Affected Public: State, Local or Tribal Title of Information Collection: Government, and Not-for-profit Evaluation of the Qualified Medicare Agency Information Collection institutions. Beneficiary (QMB) and Specified Low- Activities: Submission for OMB Number of Respondents: 14. Income Medicare Beneficiary (SLMB) Review; Comment Request Total Annual Responses: 14. Programs—Beneficiary Survey. In compliance with the requirement Total Annual Hours: 476. Form No.: HCFA–10015 (OMB#0938– of section 3506(c)(2)(A) of the To obtain copies of the supporting NEW). Paperwork Reduction Act of 1995, the statement for the proposed paperwork Use: Medicare beneficiaries eligible Health Care Financing Administration collections referenced above, access for the Qualified Medicare Beneficiary (HCFA), Department of Health and HCFA’s Web Site Address at http:// (QMB) and Specified Low-Income Human Services, has submitted to the www.hcfa.gov/regs/prdact95.htm, or E- Medicare Beneficiary (SLMB) Programs Office of Management and Budget mail your request, including your will be surveyed. Numerous studies (OMB) the following proposal for the address and phone number, to have shown that large numbers of collection of information. Interested [email protected], or call the Reports potentially eligible QMB’s and SLMB’s persons are invited to send comments Clearance Office on (410) 786–1326. do not participate in these programs. To regarding the burden estimate or any Written comments and further its goals under GPRA, the Health other aspect of this collection of recommendations for the proposed Care Financing Administration (HCFA) information, including any of the information collections must be mailed needs information on the effects of the following subjects: (1) The necessity and within 30 days of this notice directly to QMB and SLMB programs. This project utility of the proposed information the OMB Desk Officer designated at the will help HCFA do develop a better collection for the proper performance of following address: OMB Human understanding of the reasons for the low the agency’s functions; (2) the accuracy Resources and Housing Branch, participation rates among the potential of the estimated burden; (3) ways to Attention: Allison Eydt, New Executive eligibles for both programs. Also, it will enhance the quality, utility, and clarity Office Building, Room 10235, provide HCFA with information on the of the information to be collected; and Washington, DC 20503. awareness of the QMB and SLMB (4) the use of automated collection Dated: October 11, 2000. programs; the paths and barriers to QMB techniques or other forms of information and SLMB enrollment and the benefits John P. Burke III, technology to minimize the information HCFA Reports Clearance Officer, HCFA, of the QMB and SLMB coverage; collection burden. Frequency: Other: One-Timer. Office of Information Services, Security and (1) Type of Information Collection Standards Group, Division of HCFA Affected Public: Individuals or Enterprise Standards. Households. Request: Revision of a currently approved collection. [FR Doc. 00–27025 Filed 10–19–00; 8:45 am] Number of Respondents: 1,500. Title of Information Collection: BILLING CODE 4120±03±P Total Annual Responses: 1,500. Medicaid Report on Payables and Total Annual Hours: 500. Receivables. To obtain copies of the supporting Form No.: HCFA–R–199 (OMB DEPARTMENT OF HEALTH AND statement for the proposed paperwork #0938–0697). HUMAN SERVICES collections referenced above, access Use: The Chief Financial Officers Act HCFA’s Web Site Address at http:// of 1990 requires government agencies to National Institutes of Health www.hcfa.gov/regs/prdact95.htm, or E- produce auditable financial statements. mail your request, including your National Heart, Lung, and Blood This form will collect accounting data Institute; Notice of Closed Meeting address and phone number, to from the States on Payables and [email protected], or call the Reports Receivables. Pursuant to section 10(d) of the Clearance Office on (410) 786–1326. Frequency: Annually. Federal Advisory Committee Act, as Written comments and Affected Public: State, Local or Tribal amended (5 U.S.C. Appendix 2), notice recommendations for the proposed Government. is hereby given of a meeting of the information collections must be mailed Number of Respondents: 57. Board of Scientific Counselors, NHLBI. within 30 days of this notice directly to Total Annual Responses: 57. The meeting will be closed to the the OMB Desk Officer designated at the Total Annual Hours: 342. public as indicated below in accordance following address: OMB Human (2) Type of Information Collection with the provisions set forth in section Resources and Housing Branch, Request: Extension of a currently 552b(c)(6), Title 5 U.S.C., as amended Attention: Allison Eydt, New Executive approved collection. for the review, discussion, and Office Building, Room 10235, Title of Information Collection: evaluation of individual intramural Washington, D.C. 20503. Municipal Health Services Cost Report programs and projects conducted by the Dated: October 11, 2000. Form and Supporting Regulations in 42 National Heart, Lung, and Blood John P. Burke, III, CFR 405.2470. Institute, including consideration of HCFA Reports Clearance Officer, HCFA, Form No.: HCFA–255 (OMB#0938– personnel qualifications and Office of Information Services, Security and 0155). performance, and the competence of Standards Group, Division of HCFA Use: The Municipal Health Services individual investigators, the disclosure Enterprise Standards. Program Cost Report (HCFA–255) is of which would constitute a clearly [FR Doc. 00–27017 Filed 10–19–00; 8:45 am] used by the participating clinics to unwarranted invasion of personal BILLING CODE 4120±03±M report costs for health care services privacy.

VerDate 112000 17:13 Oct 19, 2000 Jkt 194001 PO 00000 Frm 00030 Fmt 4703 Sfmt 4703 E:\FR\FM\20OCN1.SGM pfrm08 PsN: 20OCN1 63082 Federal Register / Vol. 65, No. 204 / Friday, October 20, 2000 / Notices

Name of Committee: Board of Scientific Health, Bethesda, MD 20892–6600; (301) Dated: October 13, 2000. Counselors, NHLBI. 594–8895. LaVerne Y. Stringfield, Date: December 7–8, 2000. (Catalogue of Federal Domestic Assistance Time: 8 a.m. to 1 p.m. Director, Office of Federal Advisory Program Nos. 93.847, Diabetes, Agenda: To review and evaluate personal Committee Policy. qualifications and performance, and Endocrinology and Metabolic Research; [FR Doc. 00–26961 Filed 10–19–00; 8:45 am] competence of individual investigators. 93.848, Digestive Diseases and Nutrition BILLING CODE 4140±01±M Place: National Institutes of Health, Research; 93.849, Kidney Diseases, Urology Building 10, Room 7S235, 9000 Rockville and Hematology Research, National Institutes Pike, Bethesda, MD 20892. of Health, HHS) DEPARTMENT OF HEALTH AND Contact Person: Elizabeth G Nabel, HUMAN SERVICES Scientific Director for Clinical Research, Dated: October 13, 2000. LaVerne Y. Stringfield, National Heart, Lung, and Blood Institute, National Institutes of Health Division of Intramural Research, Building 10, Director, Office of Federal Advisory Room 8C103, MSC 1754, Bethesda, MD Committee Policy. 20892; 301/496–1518. National Institute of Child Health and [FR Doc. 00–26960 Filed 10–19–00; 8:45 am] Human Development; Notice of Closed (Catalogue of Federal Domestic Assistance Program Nos. 93.233, National Center for BILLING CODE 4140±01±M Meeting Sleep Disorders Research; 93.837, Heart and Vascular Diseases Research; 93.838, Lung Pursuant to section 10(d) of the Diseases Research; 93.839, Blood Diseases DEPARTMENT OF HEALTH AND Federal Advisory Committee Act, as and Resources Research, National Institutes HUMAN SERVICES amended (5 U.S.C. Appendix 2), notice of Health, HHS) is hereby given of the following Dated: October 13, 2000. National Institutes of Health meeting. LaVerne Y. Stringfield, National Institute of Mental Health; The meeting will be closed to the Director, Office of Federal Advisory Notice of Closed Meeting public in accordance with the Committee Policy. provisions set forth in sections [FR Doc. 00–26966 Filed 10–19–00; 8:45 am] Pursuant to section 10(d) of the 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., BILLING CODE 4140±01±M Federal Advisory Committee Act, as as amended. The grant applications and amended (5 U.S.C. Appendix 2), notice the discussions could disclose is hereby given of the following confidential trade secrets or commercial DEPARTMENT OF HEALTH AND meeting. property such as patentable material, HUMAN SERVICES and personal information concerning The meeting will be closed to the individuals associated with the grant National Institutes of Health public in accordance with the applications, the disclosure of which provisions set forth in sections would constitute a clearly unwarranted National Institute of Diabetics and 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., invasion of personal privacy. Digestive and Kidney Diseases; Notice as amended. The grant applications and Name of Committee: National Institute of of Closed Meeting the discussions could disclose Child Health and Human Development Pursuant to section 10(d) of the confidential trade secrets or commercial Special Emphasis Panel. Federal Advisory Committee Act, as property such as patentable material, Date: October 26, 2000. amended (5 U.S.C. Appendix 2), notice and personal information concerning Time: 10 am to 12 pm. is hereby given of the following individuals associated with the grant Agenda: To review and evaluate grant meeting. applications, the disclosure of which applications. The meeting will be closed to the would constitute a clearly unwarranted Place: 6100 Executive Blvd., 5th Floor, public in accordance with the invasion of personal privacy. Rockville, MD 20852 (Telephone Conference provisions set forth in sections Name of Committee: National Institute of Call). Contact Person: Jon M. Ranhand, PhD, 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Mental Health Special Emphasis Panel. Scientist Review Administrator, Division of as amended. The grant applications and Date: December 5, 2000. Scientific Review, National Institute of Child the discussions could disclose Time: 2:00 p.m. to 4:00 p.m. Health and Human Development, NIH, 6100 confidential trade secrets or commercial Agenda: To review and evaluate grant Executive Blvd., Room 5E03, Bethesda, MD property such as patentable material, applications. and personal information concerning 20892, (301) 435–6884. Place: Neuroscience Center, National This notice is being published less than 15 individuals associated with the grant Institutes of Health, 6001 Executive Blvd., days prior to the meeting due to the timing applications, the disclosure of which Bethesda, MD 20892. (Telephone Conference limitations imposed by the review and would constitute a clearly unwarranted Call). funding cycle. invasion of personal privacy. Contact Person: Davis I. Sommers, Ph.D, (Catalogue of Federal Domestic Assistance Scientific Review Administrator, Division of Name of Committee: National Institute of Program Nos. 93.209, Contraception and Diabetes and Digestive and Kidney Diseases Extramural Activities, National Institute of Infertility Loan Repayment Program; 93.864, Special Emphasis Panel, ZDK1 GRB 4J1. Mental Health, NIH, Neuroscience Center, Population Research; 93.865, Research for Date: November 29–30, 2000. 6001 Executive Blvd., Room 6144, MSC 9606, Mothers and Children; 93.929, Center for Time: 7 p.m. to 7 p.m. Bethesda, MD 20892–9606; 301–443–6470. Medical Rehabilitation Research, National Agenda: To review and evaluate grant (Catalogue of Federal Domestic Assistance Institutes of Health, HHS) applications. Program Nos. 93.242, Mental Health Research Place: The San Luis Resort and Conference Dated: October 13, 2000. Grants; 93.281, Science Development Award, Center, 5222 Seawall Boulevard, Galveston, LaVerne Y. Stringfield, TX 77551. Scientist Development Award for Clinicians, Director, Office of Federal Advisory Contact Person: William E. Elzinga, and Research Scientist Award; 93.282, Committee Policy. Scientific Review Administrator, Review Mental Health National Research Service Branch, DEA NIDDK, Room 647, 6707 Awards for Research Training, National [FR Doc. 00–26962 Filed 10–19–00; 8:45 am] Democracy Boulevard, National Institutes of Institutes of Health, HHS) BILLING CODE 4140±01±M

VerDate 112000 17:13 Oct 19, 2000 Jkt 194001 PO 00000 Frm 00031 Fmt 4703 Sfmt 4703 E:\FR\FM\20OCN1.SGM pfrm08 PsN: 20OCN1 Federal Register / Vol. 65, No. 204 / Friday, October 20, 2000 / Notices 63083

DEPARTMENT OF HEALTH AND DEPARTMENT OF HEALTH AND DEPARTMENT OF HEALTH AND HUMAN SERVICES HUMAN SERVICES HUMAN SERVICES

National Institutes of Health National Institutes of Health National Institutes of Health

National Institute of Child Health and National Institute of Child Health and National Institute of Arthritis and Human Development; Notice of Closed Human Development; Notice of Closed Musculoskeletal and Skin Diseases; Meeting Meeting Notice of Closed Meetings

Pursuant to section 10(d) of the Pursuant to section 10(d) of the Pursuant to section 10(d) of the Federal Advisory Committee Act, as Federal Advisory Committee Act, as Federal Advisory Committee Act, as amended (5 U.S.C. Appendix 2), notice amended (5 U.S.C. Appendix 2), notice amended (5 U.S.C. Appendix 2), notice is hereby given of the following is hearby given of the following is hereby given of the following meeting. meeting. meetings. The meeting will be closed to the The meeting will be closed to the The meetings will be closed to the public in accordance with the public in accordance with the public in accordance with the provisions set forth in sections provisions set forth in sections provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and as amended. The grant applications and as amended. The grant applications and the discussions could disclose the discussions could disclose the discussions could disclose confidential trade secrets or commercial confidential trade secrets or commercial confidential trade secrets or commercial property such as patentable material, property such as patentable material, property such as patentable material, and personal information concerning and personal information concerning and personal information concerning individuals associated with the grant individuals associated with the grant individuals associated with the grant applications, the disclosure of which applications, the disclosure of which applications, the disclosure of which would constitute a clearly unwarranted would constitute a clearly unwarranted would constitute a clearly unwarranted invasion of personal privacy. invasion of personal privacy. invasion of personal privacy Name of Committee: National Institutes of Name of Committee: National Institute of Name of Committee: National Institute of Arthritis and Musculoskeletal and Skin Child Health and Human Development Child Health and Human Development Diseases Special Emphasis Panel. Special Emphasis Panel. Special Emphasis Panel. Date: November 6, 2000. Date: October 18, 2000. Date: October 25, 2000. Time: 12:00 PM to 2:00 PM. Time: 2:00 pm to 3:00 pm. Time: 11:00 am to 12:00 pm. Agenda: To review and evaluate grant Agenda: To review and evaluate grant Agenda: To review and evaluate grant applications. applications. applications. Place: 45 Natcher Bldg., Rm. 5As.25u, Place: 6100 Executive Blvd., DSR Conf. Place: 6100 Executive Blvd., Room 5E01, Bethesda, MD 20892, (Telephone Conference Rm., Rockville, MD 20852 (Telephone Rockville, MD 20852 (Telephone Conference Call). Conference Call). Call). Contact Person: Tracy A. Shahan, PhD, Contact Person: Jon M. Ranhand, PhD, Contact Person: Jon M. Ranhand, PhD, Scientific Review Administrator, National Scientist Review Administrator, Division of Scientist Review Administrator, Division of Institutes of Health, National Institute of Scientific Review, National Institute of Child Scientific Review, National Institute of Child Arthritis and Musculoskeletal and Skin Health and Human Development, NIH, 6100 Health and Human Development, NIH, 6100 Diseases, Bldg. 45/Room 5as–25h, Bethesda, Executive Blvd., Room 5E03, Bethesda, MD Executive Blvd., Room 5E03, Bethesda, MD MD 20892, (301) 594–4952. 20892, (301) 435–6884. 20892, (301) 435–6884. Name of Committee: National Institute of This notice is being published less than 15 This notice is being published less than 15 Arthritis and Musculoskeletal and Skin days prior to the meeting due to the timing days prior to the meeting due to the timing Diseases Special Emphasis Panel. limitations imposed by the review and limitations imposed by the re view and Date: December 5, 2000. funding cycle. funding cycle. Time: 8:30 AM to 5:00 PM. (Catalogue of Federal Domestic Assistance (Catalogue of Federal Domestic Assistance Agenda: To review and evaluate grant Program Nos. 93.209, Contraception and Program Nos. 93.209, Contraception and applications. Infertility Loan Repayment Program; 93.864, Infertility Loan Repayment Program; 93.864, Place: Holiday Inn, 5520 Wisconsin Population Research 93.865, Research for Population Research; 93.865, Research for Avenue, Chevy Chase, MD 20815. Mothers and Children; 93.929, Center for Mothers and Children; 93.929, Center for Contact Person: Tracy A. Shahan, PhD., Medical Rehabilitation Research, National Medical Rehabilitation Research, National Scientific Review Administrator, National Institutes of Health, HHS) Institutes of Health, HHS) Institutes of Health, National Institute of Arthritis and Musculoskeletal and Skin Dated: October 13, 2000. Dated: October 13, 2000. Diseases, Bldg. 45/Room 5as-25h, Bethesda, LaVerne Y. Stringfield, LaVerne Y. Stringfield, MD 20892, (301) 594–4952. Director, Office of Federal Advisory Director, Office of Federal Advisory (Catalogue of Federal Domestic Assistance Committee Policy. Committee Policy. Program Nos. 93.846, Arthritis, [FR Doc. 00–26963 Filed 10–19–00; 8:45 am] [FR Doc. 00–26964 Filed 10–19–00; 8:45 am] Musculoskeletal and Skin Diseases Research, National Institutes of Health, HHS) BILLING CODE 4140±01±M BILLING CODE 4140±01±M Dated: October 13, 2000. LaVerne Y. Stringfield, Director, Office of Federal Advisory Committee Policy. [FR Doc. 00–26965 Filed 10–19–00; 8:45 am] BILLING CODE 4140±01±M

VerDate 112000 17:13 Oct 19, 2000 Jkt 194001 PO 00000 Frm 00032 Fmt 4703 Sfmt 4703 E:\FR\FM\20OCN1.SGM pfrm08 PsN: 20OCN1 63084 Federal Register / Vol. 65, No. 204 / Friday, October 20, 2000 / Notices

DEPARTMENT OF HOUSING AND This Notice is soliciting comments Notice of Funding Availability (NOFA) URBAN DEVELOPMENT from members of the public and for the Historically Black Colleges and affecting agencies concerning the Universities (HBCUs) Program. This [Docket No. FR±4561±N±65] proposed collection of information to: announcement contains the names and (1) Evaluate whether the proposed addresses of the awardees and the Notice of Submission of Proposed collection of information is necessary amount of the awards made available by Information Collection to OMB; for the proper performance of the HUD to provide assistance to the Emergency Comment Request; functions of the agency, including HBCUs. Departmental Grants Management whether the information will have Survey; Notice of Proposed practical utility; (2) evaluate the FOR FURTHER INFORMATION CONTACT: Information Collection of Public accuracy of the agency’s estimate of the Delores Pruden, Historically Black Comment burden of the proposed collection of Colleges and Universities Program, information; (3) enhance the quality, AGENCY: Office of Chief Information Office of the Deputy Assistant Secretary utility, and clarity of the information to Officer. for Grant Programs, Community be collected; and (4) minimize the Planning and Development, Department ACTION: Notice. burden of the collection of information of Housing and Urban Development, SUMMARY: The proposed information on those who are to respond; including 451 7th St., S.W., Washington, DC collection requirement described below through the use of appropriate 20410; telephone (202) 708–1590 (this is has been submitted to the Office of automated collection techniques or not a toll-free number). Hearing- and Management and Budget (OMB) for other forms of information technology, speech-impaired persons may access emergency review and approval, as e.g., permitting electronic submission of this number via TTY by calling the responses. required by the Paperwork Reduction Federal Information Relay Service toll- This Notice also lists the following Act. The Department is soliciting public free at 1–800–877–8339. Information comments on the subject proposal. information: Title of Proposal: Departmental Grants may also be obtained from a HUD field DATES: Comments Due Date: October 27, Management Survey. office, see Appendix A for names, 2000. OMB Control Number: Pending. addresses and telephone numbers, or for ADDRESSES: Interested persons are Agency Form Numbers: None. general information, applicants can call invited to submit comments regarding Members of Affected Public: State, Community Connections at 1–800–998– this proposal. Comments must be local or tribal government, not-for-profit 9999. received within seven (7) days from the institutions. SUPPLEMENTARY INFORMATION: This date of this Notice. Comments should Estimation of the total numbers of program is authorized under section refer to the proposal by name/or OMB hours needed to prepare the information 107(b)(3) of the Housing and approval number and should be sent to: collection including number of Community Development Act of 1974 Joseph F. Lackey, Jr., HUD Desk Officer, respondents, frequency of responses, Office of Management and Budget, New and hours of response: 110 total hours; (the 1974 Act) (42 U.S.C. 5307(b)(3)), Executive Office Building, Washington, 110 respondents; one response per which was added by section 105 of the DC 20503. respondent; and one hour per response. Department of Housing and Urban Development Reform Act of 1989 (Pub. FOR FURTHER INFORMATION CONTACT: Authority: The Paperwork Reduction Act L. 101–235). The program is governed Wayne Eddins, Reports Management of 1995, 44 U.S.C. Chapter 35, as amended. by regulations contained in 24 CFR Officer, Q, Department of Housing and Dated: October 13, 2000. Urban Development, 451 Seventh Street, 570.400 and 570.404, and in 24 CFR Wayne Eddins, SW, Washington, DC 20410; e-mail part 570, subparts A, C, J, K, and O. [email protected]; telephone Departmental Reports Management Officer, Office of the Chief Information Officer. This notice announces FY 2000 (202) 708–2374. This is not a toll-free funding of $10,365,897 to HBCUs to be [FR Doc. 00–26959 Filed 10–19–00; 8:45 am] number. Copies of available documents used to stimulate economic and BILLING CODE 4210±01±M submitted to OMB may be obtained community development activities in from Mr. Eddins. the HBCUs’ locality. The FY 2000 SUPPLEMENTARY INFORMATION: This DEPARTMENT OF HOUSING AND grantees announced in this Notice were Notice informs the public that the URBAN DEVELOPMENT selected for funding consistent with the Department of Housing and Urban provisions in the NOFA published in Development (HUD) has submitted to [Docket No. FR±4560±FA±11] the Federal Register on February 24, OMB, for emergency processing, an Announcement of Funding Awards for 2000 (65 FR 9429). information collection package with the Historically Black Colleges and The Catalog of Federal Domestic respect to a survey of HUD’s business Universities Program, Fiscal Year 2000 partners and current grantees on their Assistance number for this program is 14.237. use of HUD’s current grant management AGENCY: Office of the Assistant systems and the time and effort Secretary for Community Planning and In accordance with section involved in their processing of grant Development, HUD. 102(a)(4)(C) of the Department of information. The Department is ACTION: Notice of funding awards. Housing and Urban Development developing a web-based, departmental Reform Act of 1989 (103 Stat. 1987, 42 grants management system that will SUMMARY: In accordance with section U.S.C. 3545), the Department is cover the lifecycle of a grant from 102(a)(4)(C) of the Department of publishing the grantees and amounts of application through to closeout and Housing and Urban Development the awards in Appendix B. audit and feels input from our business Reform Act of 1989, this announcement partners will help minimize the notifies the public of funding decisions associated information collection made by the Department in a burden. competition for funding under the

VerDate 112000 13:06 Oct 19, 2000 Jkt 194001 PO 00000 Frm 00033 Fmt 4703 Sfmt 4703 E:\FR\FM\20OCN1.SGM pfrm04 PsN: 20OCN1 Federal Register / Vol. 65, No. 204 / Friday, October 20, 2000 / Notices 63085

Dated: October 10, 2000. Room 500, Miami, FL 33131–3028; 305– N.W., Washington, DC 20059; Phone: Cardell Cooper, 536–4431 202–806–2500, Fax: 202–806–5934 Assistant Secretary for Community Planning Lynn B. Daniels, 339 Sixth Avenue, Sixth Grant Amount: $175,000.00** and Development. Floor, Pittsburgh, PA 15222–2515; 412– 13. University of the District of Columbia, Dr. 644–2999 Juluis F. Nimmons, Jr., President, 4200 Appendix A—Community Planning and Carmen R. Caberra, New San Juan Office Connecticut Avenue N.W., Washington, Development (CPD) Directors With Building, 159 Carlos E. Chardon Avenue, DC 20008; Phone: 202–274–5100, Fax: Historically Black Colleges and San Juan, PR 00918; 787–766–5576 ext. 202–274–5304 Universities Located Within Their 2005 Grant Amount: $375,000.00 Jurisdiction Appendix B—Funding Awards Florida Harold Cole, Beacon Ridge Tower, 600 Alabama 14. Edward Waters College,* Dr. Jimmy Beacon Parkway West, Suite 300, 1. Alabama A&M University, Dr. John T. Jenkins, President, 1658 Kings Road, Birmingham, AL 35209–3144; 205–290– Gibson, President, P.O. Box 1357, Jacksonville, FL 32209; Phone: 904–366– 7630 ext. 1027 Normal, AL 35762; Phone: 256–851– 2500, Fax: 904–366–2544 Anne Golnik, TCBY Tower, 425 West Capitol 5230, Fax: 256–851–5244 Grant Amount: $250,000.00 Avenue, Suite 900, Little Rock, AR 72201– Grant Amount: $350,000.00 15. Florida A&M University, Dr. Frederick S. 3488; 501–324–6375 2. Alabama State University, Dr. William H. Humphries, President, 400 Lee Hall, John Perry, Five Points Plaza, 49 Marietta Harris, President, P.O. Box 271, Tallahassee, FL 32307; Phone: 850–599– Street, 15th Floor, Atlanta, GA 30303– Montgomery, AL 36101; Phone: 334– 3225, Fax: 850–561–2152 2806; 404–331–5001 ext. 2449 229–4200, Fax: 334–834–6861 Grant Amount: $220,000.00 Ben Cook, 601 West Broadway, PO Box 1044, Grant Amount: $220,000.00 Louisiana Louisville, KY 40201–1044; 502–582–6163 3. Bishop State Community College, Dr. ext. 214 Yvonne Kennedy, President, 351 North 16. Dillard University,* Dr. Michael Lomax, Gregory Hamilton, Hale Boggs Federal Broad Street, Mobil, AL 36603; Phone: President, 2601 Gentilly Boulevard, New Building, 501 Magazine Street, 9th Floor, 334–690–6416, Fax: 334–438–9523 Orleans, LA 70122; Phone: 504–283– New Orleans, LA 70130–3099; 504–589– Grant Amount: $183,858.80 8822, Fax: 504–288–8663 7212 ext. 3047 4. Gadsden State Community College, Dr. Grant Amount: $123,000.00** Joseph O’Connor, City Crescent Building, 10 Victor B. Ficker, President, Valley Street 17. Xavier University, Dr. Norman C. Francis, South Howard Street, 5th Floor, Baltimore, Campus, P.O. Box 227, Gadsden, AL President, 7325 Palmetto Street, New MD 21201–2505; 410–962–2520 ext. 3071 35902–0227; Phone: 256–549–8221, Fax: Orleans, LA 70125; Phone: 504–483– Raymond Perry, Patrick V. McNamara 256–549–8444 7541, Fax: 504–485–7904 Federal Building, 477 Michigan Avenue, Detroit, MI 48226–2592; 313–226–7908 ext. Grant Amount: $380,000.00 Grant Amount: $350,000.00 5. J.F. Drake Technical College,* Dr. Johnny 8053 Maryland Emily Eberhardt, Doctor A. H. McCoy Federal L. Harris, President, 3421 Meridan Street 18. Bowie State University, Dr. Calvin W. Building, 100 West Capitol Street, Room North, Huntsville, AL 35811; Phone: Lowe, 14000 Jericho Park, Road, Bowie, 910, Jackson, MS 39269–1096; 601–965– 256–539–8161, Fax: 256–539–6439 4700 ext. 3140 Grant Amount: $175,089.70 MD 20715; Phone: 301–464–6500, Fax: Anne Wiedl, Robert A. Young Federal 6. Lawson State Community College,* Dr. 301–464–7814 Building, 1222 Spruce Street, 3rd Floor, St. Perry W. Ward, President, 3060 Wilson Grant Amount: $183,858.80** Road S.W., Birmingham, AL 35221; Louis, MO 631286; 314–539–6524 Mississippi Lana Vacha, 200 North High Street, Phone: 205–925–2515 ext. 300, Fax: 205– Columbus, OH 43215–2499; 614–469–6737 923–1649 19. Alcorn State University, Dr. Clinton ext. 8240 Grant Amount: $175,089.70 Bristow, Jr., President, P.O. Box 359, David Long, 500 West Main Street, Suite 400, 7. Miles College,* Dr. Albert J.H. Sloan II, Lorman, MS 39096; Phone: 601–877– Oklahoma City, OK 73102; 405–553–7569 President, P.O. Box 3800, Birmingham, 6111, Fax: 601–877–2975 Joyce Gaskins, The Wanamaker Building, 100 AL 35208; Phone: 205–929–1428, Fax: Grant Amount: $220,000.00 Penn Square East, Philadelphia, PA 19107– 205–929–1426 20. Jackson State University, Dr. Ronald 3380; 215–656–0624 ext. 3201 Grant Amount: $200,000.00 Mason, Jr., President, P.O. Box 17390, Louis E. Bradley, Strom Thurmond Federal 8. Oakwood College, Dr. Delbert Baker, 1400 J.R. Lynch Street, Jackson, MS Building, 1835 Assembly Street, Columbia, President, 7000 Adventist Boulevard, 39217; Phone: 601–979–2323, Fax: 601– SC 29201–2480; 803–765–5564 Huntsville, AL 35896; Phone: 256–726– 979–2948 Virginia Peck, John J. Duncan Federal 7334, Fax: 256–726–8335 Grant Amount: $200,000.00 Building, 710 Locust Street SW, 3rd Floor, Grant Amount: $350,000.00 21. Tougaloo College, Dr. Joe A. Lee, Knoxville, TN 37902–2526; 423–545–4391 President, 500 E. County Line Road, Arkansas ext. 121 Tougaloo, MS 39174; Phone: 601–977– Katie Worsham, 801 Cherry Street, 25th 9. Arkansas Baptist College, Dr. William T. 7730, Fax: 601–977–7866 Floor, Fort Worth, TX 76102; 817–978– Keaton, President, 1600 Bishop Street, Grant Amount: $350,000.00 5933 Little Rock, AR 72202; Phone: 501–372– North Carolina John T. Maldonado, Washington Square, 800 6883, Fax: 501–372–0321 Dolorosa Street, San Antonio, TX 78207– Grant Amount: $250,000.00 22. Barber-Scotia College,* Dr. Sammie Potts, 4563; 210–475–6820 ext. 2293 10. Shorter College,* Dr. Irma Hunter Brown, President, 145 Cabarrus Avenue, Carlos Renteria (Acting), The 3600 Centre, President, 604 Locust Street, N. Little Concord, NC 28025; Phone: 704–789– 3600 West Broad Street, Richmond, VA Rock, AR 72114; Phone: 501–374–6305 2900/2905, Fax: 704–789–2958 23230–4920; 804–278–4503 ext. 3229 ext. 202, Fax: 501–374–9333 Grant Amount: $150,000.00 Ronald Herbert, 820 First Street NE, Suite Grant Amount: $100,000.00 23. Elizabeth City State University, Dr. 450, Washington, DC 20002–4205; 202– 11. University of Arkansas at Pine Bluff, Dr. Mickey L. Burnim, Chancellor, P.O. Box 275–0994 ext. 3163 Lawrence A. Davis, Jr., Chancellor, 1200 790, Elizabeth City, NC 27909; Phone: Charles T. Ferebee, Koger Building, 2306 North University Drive, P.O. Box 4008, 252–335–3228, Fax: 252–335–3731 West Meadowview Road, Greensboro, NC Pine Bluff, AR 71601; Phone: 870–543– Grant Amount: $475,000.00 27407–3707; 910–547–4005 8471, Fax: 870–543–8003 24. North Carolina A&T State University, Dr. James N. Nichol, Southern Bell Tower, 301 Grant Amount: $310,000.00 James C. Renick, Jr., President, 1601 E. West Bay Street, Suite 2200, Jacksonville, Market Street, Greensboro, NC 27411; FL 32202–5121; 904–232–1777 ext. 2136 District of Columbia Phone: 336–334–7940, Fax: 336–334– Jack Johnson, Brickell Plaza Federal 12. Howard University, Mr. H. Patrick 7082 Building, 909 Southeast First Avenue, Swygert, Esq., President, 2400 6th Street, Grant Amount: $475,000.00

VerDate 112000 17:13 Oct 19, 2000 Jkt 194001 PO 00000 Frm 00034 Fmt 4703 Sfmt 4703 E:\FR\FM\20OCN1.SGM pfrm08 PsN: 20OCN1 63086 Federal Register / Vol. 65, No. 204 / Friday, October 20, 2000 / Notices

South Carolina West Virginia Dated: October 12, 2000. 25. Allen University,* Dr. John K. Waddell, 38. West Virginia State College, Dr. Hazo Fred Karnas, Jr., President, 1530 Harden Street, Columbia, Carter, Jr., President, P.O. Box 399, Deputy Assistant Secretary for Special Needs SC 29204; Phone: 803–376–5701, Fax: Institute, WV 25112; Phone: 304–766– Assistance Programs. 803–376–5709 3111, Fax: 304–768–9842 [FR Doc. 00–26841 Filed 10–19–00; 8:45 am] Grant Amount: $200,000.00 Grant Amount: $325,000.00 BILLING CODE 4210±29±M 26. Benedict College, Dr. David Swinton, * Previously unfunded. President, 600 Harden Street, Columbia, ** To fund the awards for Howard SC 29204; Phone: 803–254–7253, Fax: University, Bowie State University and 803–253–5060 Dillard University, Fiscal Year (FY) 1998 DEPARTMENT OF THE INTERIOR Grant Amount: $380,000.00 Recaptured Funds were used as follows: [516 DM 1±15] 27. Claflin University, Dr. Henry N. Tisdale, President, 700 College Avenue N.E., National Environmental Policy Act Orangeburg, SC 29115; Phone: 803–535– Howard University ...... $175,000.00 Revised Implementing Procedures 5412, Fax: 803–535–5402 Bowie State University ...... 117,717.60 Grant Amount: $325,000.00 Dillard University ...... 73,179.40 AGENCY: Department of the Interior. Tennessee ACTION: Extension of time. Total FY 1998 funds used .. 365,897.00 28. Fisk University, Dr. John L. Smith, 1000 SUMMARY: This notice is for the sole 17th Avenue North, Nashville, TN Grand Total awarded in FY purpose of granting the public an 2000 ...... 10,365,897.00 37208; Phone: 615–329–8555, Fax: 615– extension of time to review our August 329–8576 28, 2000, publication of the above Grant Amount: $250,000.00 [FR Doc. 00–26958 Filed 10–19–00; 8:45 am] 29. Lemoyne-Owen College, Dr. George R. BILLING CODE 4210±29±P named procedures. The publication Johnson, Jr., President, 807 Walker appears at 65 FR 52211–52241. The Avenue, Memphis, TN 38126; Phone: Department of the Interior will now 901–942–7301, Fax: 901–942–3572 DEPARTMENT OF HOUSING AND accept comments from the public Grant Amount: $380,000.00 URBAN DEVELOPMENT through close of business on November 30. Meharry Medical College,* Dr. John E. 13, 2000. Maupin, Jr., President, 1005 Dr. D.B. [Docket No. FR±4557±N±42] Todd, Jr. Boulevard, Nashville, TN Willie R. Taylor, 37208; Phone: 615–327–6904, Fax: 615– Federal Property Suitable as Facilities Director, Office of Environmental Policy and Compliance. 327–6540 To Assist the Homeless Grant Amount: $250,000.00 [FR Doc. 00–26998 Filed 10–19–00; 8:45 am] 31. Tennessee State University,* James A. AGENCY: Office of the Assistant BILLING CODE 4310±RG±M Hefner, President, 3500 John Merritt Secretary for Community Planning and Boulevard, Nashville, TN 37209; Phone: Development, HUD. 615–963–7401, Fax: 615–963–7407 DEPARTMENT OF THE INTERIOR Grant Amount: $200,000.00 ACTION: Notice. Fish and Wildlife Texas SUMMARY: This Notice identifies 32. Huston-Tillotson College, Dr. Larry L. unutilized, underutilized, excess, and Notice of Intent To Prepare Earvin, President, 900 Chicon Street, surplus Federal property reviewed by Comprehensive Conservation Plans Austin, TX 78702; Phone: 512–505– HUD for suitability for possible use to and Associated Environmental 3003, Fax: 512–505–3190 assist the homeless. Grant Amount: $380,000.00 Document for Missisquoi National 33. Saint Philip’s College, Dr. Angie Stokes EFFECTIVE DATE: October 20, 2000. Wildlife Refuge Runnels, President, 1801 Martin Luther FOR FURTHER INFORMATION CONTACT: AGENCY: Fish and Wildlife Service, King, Jr. Drive, San Antonio, TX 78203; Clifford Taffet, Department of Housing Interior. Phone: 210–531–3591, Fax: 210–531– and Urban Development, Room 7262, 3590 SUMMARY: This notice advises the public Grant Amount: $350,000.00 451 Seventh Street, SW., Washington, that the U.S. Fish and Wildlife Service 34. Texas College, Dr. Haywood L. DC 20410; telephone (202) 708–1234; (Service) intends to gather information Strickland, President, P.O. Box 4500, TTY number for the hearing- and necessary to prepare a Comprehensive Tyler, TX 75712; Phone: 903–593–8311, speech-impaired (202) 708–2565, (these Conservation Plan (CCP) and Fax: 903–593–0588 telephone numbers are not toll-free), or environmental documents pursuant to Grant Amount: $350,000.00 call the toll-free Title V information line the National Environmental Policy Act Virginia at 1–800–927–7588. and its implementing regulations. One 35. Hampton University, Dr. William R. SUPPLEMENTARY INFORMATION: In CCP will be prepared for Missisquoi Harvey, President, Hampton, VA 23668; accordance with the December 12, 1988 National Wildlife Refuge, located in Phone: 757–727–5231, Fax: 757–727– court order in National Coalition for the Franklin County, Vermont. A 5746 Homeless v. Veterans Administration, Wilderness Review of Missisquoi NWR Grant Amount: $220,000.00 No. 88–2503–OG (D.D.C.), HUD will also be completed concurrently in 36. Norfolk State University, Dr. Marie V. publishes a Notice, on a weekly basis, accordance with the Wilderness Act of McDemmond, President, 2401 Corprew identifying unutilized, underutilized, 1964, as amended and Refuge Planning Avenue, Norfolk, VA 23504; Phone: 757– excess and surplus Federal buildings Policy 602 FW Chapters 1, 2, and 3. The 823–8670, Fax: 757–823–2342 and real property that HUD has Service is furnishing this notice in Grant Amount: $265,000.00 37. Virginia Union University,* Dr. Bernard reviewed for suitability for use to assist compliance with the National Wildlife W. Franklin, President, 1500 N. the homeless. Today’s Notice is for the Refuge System Administration Act of Lombardy Street, Richmond, VA 23220; purpose of announcing that no 1966, as amended (16 U.S.C. 668dd et Phone: 804–257–5835, Fax: 804–257– additional properties have been seq.): 5833 determined suitable or unsuitable this (1) to advise other agencies and the Grant Amount: $250,000.00 week. public of our intentions, and (2) to

VerDate 112000 17:13 Oct 19, 2000 Jkt 194001 PO 00000 Frm 00035 Fmt 4703 Sfmt 4703 E:\FR\FM\20OCN1.SGM pfrm08 PsN: 20OCN1 Federal Register / Vol. 65, No. 204 / Friday, October 20, 2000 / Notices 63087 obtain suggestions and information on Dated: October 13, 2000. Fish and Wildlife Service, Sacramento the scope of issues to include in the Mamie A. Parker, Fish and Wildlife Office, 2800 Cottage environmental documents. Acting Regional Director, U.S. Fish and Way, Sacramento, California 95825, Wildlife Service, Hadley, Massachusetts. (916) 414–6464; DATES: Inquire at the address below for [FR Doc. 00–27019 Filed 10–19–00; 8:45 am] Trinity County Planning Department, dates of planning activity and due dates BILLING CODE 4310±55±P 303 Trinity Lakes Blvd, Weaverville, for comments. Further notice CA 96093 (530) 623–1351; announcing times and locations of Trinity County Natural Resources public meetings and open houses will DEPARTMENT OF THE INTERIOR Division, 98A Clinic Ave., Hayfork, be published in local news media prior CA 96041, (530) 628–5949. to the hearing date. Bureau of Reclamation, Fish and Wildlife Service Libraries ADDRESSES: Address comments, Alameda Free Library, 2264 Santa questions and requests for more [FES 00±48] Clara Avenue, Alameda, California information to the following: Refuge Notice of Availability of Final 94501–4506, (510) 748–4669; Beale Manager, Missisquoi National Wildlife Environmental Impact Statement/ Memorial Library, 701 Truxtun Ave, Refuge 371 North River St., Swanton, Environmental Impact Report Bakersfield, California, 93301, (661) VT 05488–8148, (802) 868–4781. 868–0700; Cesar Chaves Central Library, AGENCIES: Bureau of Reclamation, Fish 605 N. El Dorado St, Stockton, SUPPLEMENTARY INFORMATION: By Federal and Wildlife Service. California, (209) 937–8415; California law, all lands within the National ACTION: Notice of availability of Final State Library, Information and Reference Wildlife Refuge System are to be Environmental Impact Statement for the Center, 914 Capitol Mall, Room 301, managed in accordance with an proposed Trinity River Mainstem Sacramento, California 95814, (916) approved CCP. The CCP guides Fishery Restoration. 654–0261; Colusa County Free Library, management decisions and identifies 738 Market Street, Colusa, California refuge goals, long-range objectives, and SUMMARY: This notice announces the 95932–2398, (530) 458–7671; Contra strategies for achieving refuge purposes. availability of a joint final Costa County Library, 1750 Oak Park The planning process will consider Environmental Impact Statement/ Boulevard, Pleasant Hill, California many elements including habitat and Environmental Impact Report (FEIS/ 94523–4497, (510) 646–6423; Coos Bay wildlife management, habitat protection EIR) for the Trinity River Mainstem Public Library, 525 W. Anderson Ave., and acquisition, public use, and cultural Fishery Restoration. The U.S. Fish and Coos Bay, Oregon, 97420, (541) 269– resources. Public input into this Wildlife Service, U.S. Bureau of 1101; Del Norte County Library District, planning process is essential. The CCP Reclamation, Hoopa Valley Tribe, and 190 Price Mall, Crescent City, California will provide other agencies and the Trinity County prepared a FEIS/EIR to 95531–4395, (707) 464–9793; Fresno public with a clear understanding of the assist the Secretary of the Interior in County Library, Central Branch, 2420 desired conditions for the Refuges and developing recommendations for Mariposa St. Fresno, California, (559) how the Service will implement permanent instream fishery flow 488–3195; Humboldt County Library, management strategies. requirements, habitat restoration 1313 Third Street, Eureka, California projects, and operating criteria and 95501–1088, (707) 269–1900; Humboldt The Service will solicit public input procedures for the Trinity River State University Library, Humboldt via open houses, public meetings, Division of the Central Valley Project, State University, Arcata, California workshops, and written comments. California, necessary for the restoration 95521, (707) 826–4939; Lake County Special mailings, newspaper articles, and maintenance of natural production Library, 1425 N. High Street, Lakeport, and announcements will inform people of anadromous fish in the Trinity River. California 95453–3800, (707) 263–8816; of the time and place of such Such recommendations are required by: Los Angeles Public Library, 630 W. Fifth opportunities for public input to the the January 14, 1981, Secretarial Street, Los Angeles, California, 90071– CCP. Decision that initiated the Trinity River 2097, (213) 228–7515; Marin County Missisquoi National Wildlife Refuge Flow Evaluation; the Trinity River Basin Free Library, 3501 Civic Center Drive, (NWR) includes 6,592 acres of the Fish and Wildlife Management Act San Rafael, California 94903–4188, (415) Missisquoi River delta’s marshes, open (Public Law 98–541); and the Central 499–6051; Mendocino County Library- water, old fields and wooded swamps. Valley Project Improvement Act (Public Ft. Bragg, 499 E Laurel St. Fort Bragg, Comments on the protection of Law 102–575). California, 95437, (707) 964–2020; threatened and endangered species and DATES: A Record of Decision will occur Mendocino County Library-Ukiah, 105 migratory birds and the protection and no sooner than November 20, 2000. N. Main Street, Ukiah, California management of their habitats will be ADDRESSES: Copies of the FEIS/EIR will 95482–4482, (707) 463–4491; Menlo solicited as part of the planning process. be available on compact disc which, Park Public Library, 800 Alma Street, A draft CCP is planned for public along with a summary, can be obtained Menlo Park, California 94025–3460, review in the fall of 2001. by contacting the Fish and Wildlife (650) 858–3460; Merced County Library, Service, 1655 Heindon Road, Arcata, 2222 M St., Merced, California, 95340, Review of these projects will be California 95521, (707) 822–7201. The (209) 385–7434; Modesto Jr. College conducted in accordance with the documents are also available for review Library, 425 College Ave, Modesto, requirements of the National at the following government offices and California, 95350, (209) 575–6498; Environmental Policy Act of 1969, as libraries: Monterey Public Library, 625 Pacific amended (42 U.S.C. 4321 et seq.), NEPA Street, Monterey, California, 93940, Regulations (40 CFR Parts 1500–1508), Government Offices (831) 646–3932; Sacramento Public other appropriate Federal laws and Fish and Wildlife Service, Arcata Fish Library, 828 I Street, Sacramento, regulations, and Service policies and and Wildlife Office, 1655 Heindon California 95814–2589, (916) 264–2770; procedures for compliance with those Road, Arcata, California 95521, (707) San Francisco Public Library, 100 regulations. 822–7201; Larkin Street, San Francisco, California

VerDate 112000 17:13 Oct 19, 2000 Jkt 194001 PO 00000 Frm 00036 Fmt 4703 Sfmt 4703 E:\FR\FM\20OCN1.SGM pfrm08 PsN: 20OCN1 63088 Federal Register / Vol. 65, No. 204 / Friday, October 20, 2000 / Notices

94102–4796, (415) 557–4400; San Jose feet to 340,000 acre-feet annually, with December 2, 1999 the Service extended Public Library, 180 W. San Carlos reductions in dry and critically dry the period until December 20, 1999 (64 Street, San Jose, California 95113–2096, years. In addition, the Fish and Wildlife FR 67584). On December 27, 1999 the (408) 277–4822; Santa Cruz Public Service was directed to undertake a Service published a notice in the Library, 224 Church Street, Santa Cruz, Flow Evaluation Study to assess fish Federal Register, which reopened the California 95060–3873, (408) 429–3532; habitat at various flows, summarize the public comment period until January Shasta County Library, 1855 Shasta effectiveness of other instream and 20, 2000 (64 FR 72357). In total, the lead Street, Redding, California 96001–0460, watershed restoration activities, and agencies received written comments (530) 225–5769; Siskiyou County Free recommend appropriate flows and other from 6445 people and organizations Library, 719 Fourth Street, Yreka, measures necessary to better maintain (1009 letters and 5436 preprinted California 96097–3381, (530) 842–8175; favorable habitat conditions. The Flow postcards). The primary concerns Sonoma County Library, Third and E Evaluation Study began in October 1984 expressed in many of the comments Streets, Santa Rosa, California 95404– and was completed in June 1999. In related to fishery resource analyses, 4400, (707) 545–0831; Tehama County October 1984, the Trinity River Basin power generation impacts analyses, Library, 645 Madison Street, Red Bluff, Fish and Wildlife Management Act mechanical modifications to riverine (Management Act) (Public Law 98–541) California 96080–3383, (530) 527–0607; habitat and the amount of river flow was enacted by Congress with the goal Trinity County Free Library, 211 N. proposed for restoration efforts. A list of of restoring fish and wildlife Main Street, Weaverville, California the commenters and the response of the 96093–1226, (530) 623–1373; Willows populations to pre-TRD levels. The Act agencies to the comments is presented Public Library, 201 N. Lassen St., provided funding for construction, in the FEIS/EIR. Willows, California, 95988, (530) 934– operation, and maintenance of the 11- 5156; Central Library, 801 SW. 10th item action plan developed by the The FEIS/EIR is intended to Avenue, Portland, Oregon 97205, (503) Trinity River Task Force in 1982. accomplish the following: 248–5123; and National Clearinghouse In 1992, the Central Valley Project (1) Inform the public of the proposed Library, 624 Ninth Street, NW., 600, Improvement Act (CVPIA) (Public Law action and alternatives; Washington, DC 20425, (202) 376–8110. 102–575) was passed. Section The FEIS/EIR will be available at the 3406(b)(23) of the CVPIA provides, (2) Address public comments received Fish and Wildlife Service website at through the TRD, an instream release of during the scoping and comment http://www.ccfwo.r1.fws.gov. not less than 340,000 acre-feet of water periods; FOR FURTHER INFORMATION CONTACT: Dr. into the Trinity River to meet Federal (3) Disclose the direct, indirect, and MaryEllen Mueller, U.S. Fish and trust responsibilities to protect fishery cumulative environmental effects of the Wildlife Service, 2800 Cottage Way, resources of the Hoopa Valley Tribe and proposed action and each of the Suite W–2606, Sacramento, CA 95825 to meet the fishery restoration goals of alternatives; and (916) 414–6464 or Jay Glase, U.S. Fish the Management Act. The (4) Indicate any irreversible and Wildlife Service, 1655 Heindon recommendations for mainstem Trinity commitment of resources that would Road, Arcata, CA 95521 (707) 822–7201. River fishery restoration will be result from implementation of the SUPPLEMENTARY INFORMATION: developed after appropriate proposed action. consultations with Federal, State, Construction of the Trinity River This notice is provided pursuant to Division (TRD) of the Central Valley Tribal, local agencies, and affected Section 102(2)(c) of the National Project (CVP) was completed in 1963. interests, and after completion the Flow Environmental Policy Act of 1969, as The primary function of the TRD is to Evaluation Study. implemented by the Council on store Trinity River water for regulated To restore the natural production of Environmental Quality regulations (40 diversion to the Central Valley of anadromous fish in the Trinity River in CFR parts 15001508), and the California California for agricultural, municipal, accordance with the 1981 Secretarial and industrial uses. Construction and Decision, the Management Act, and the Environmental Quality Act of 1970, as operation of the TRD resulted in the CVPIA, the FEIS/EIR analyzes the amended. diversion of up to 90 percent of the impacts of: The Technical Appendixes (TA) for (1) Increased instream releases into average annual discharge in the Trinity this FEIS/EIR will be made available the Trinity River to provide anadromous River at Lewiston, and blocked access to upon request from the U.S. Fish and fish habitat and restore fluvial 109 miles of salmon and steelhead Wildlife Service, Arcata Office, 1655 processes, Heindon Road, Arcata, CA 95521; (707) spawning and rearing habitat. Reduced (2) Implementation of a channel river flows, combined with excessive rehabilitation program, 822–7201. Documents cited in the FEIS/ watershed erosion and encroachment of (3) Implementation of a spawning EIR and its supporting TAs will be the river channel by riparian vegetation, gravel supplementation program, available for viewing in Sacramento caused major changes in the channel (4) Implementation of a watershed (U.S. Fish and Wildlife Service, 2800 morphology resulting in the rehabilitation program, and Cottage Way, 946–414–6464), Arcata simplification and degradation of the (5) Implementation of an Adaptive (U.S. Fish and Wildlife Service, 1655 remaining salmon and steelhead habitat Environmental Assessment and Heindon Road; 707–822–7201), and of the Trinity River below the Lewiston Management Program. Weaverville (Trinity County Library, Dam. This, in turn, resulted in rapid On October 19, 1999, the Service 211 N. Main Street, Weaverville, declines of salmon and steelhead published a notice in the Federal California 96093, 530–623–1373). populations following completion of the Register announcing the availability of Dated: October 13, 2000. TRD. the draft EIS/EIR and the In response to declining fisheries and commencement of the public comment Willie R. Taylor, degraded habitat conditions, the period in the Federal Register (64 FR Director, Office of Environmental Policy and Secretary of the Interior (Secretary) 56364). The comment period was Compliance. decided in 1981 to increase flows in the originally scheduled to end on [FR Doc. 00–27011 Filed 10–19–00; 8:45 am] Trinity River ranging from 140,000 acre- December 8, 1999. However, on BILLING CODE 4310±55±P

VerDate 112000 13:06 Oct 19, 2000 Jkt 194001 PO 00000 Frm 00037 Fmt 4703 Sfmt 4703 E:\FR\FM\20OCN1.SGM pfrm04 PsN: 20OCN1 Federal Register / Vol. 65, No. 204 / Friday, October 20, 2000 / Notices 63089

DEPARTMENT OF THE INTERIOR necessary to determine impacts and notice of availability and a request for formulate alternatives for an EIS related comment on the draft EIS and Pima Fish and Wildlife Service to the potential issuance of an County’s permit application, which will incidental take permit to Pima County, include the SDCP. Sonoran Desert Conservation Plan Arizona, and the development and The draft EIS is expected to be (SDCP) for Pima County, Arizona implementation of the SDCP, which will completed by December, 2002. provide measures to minimize and AGENCY: U.S. Fish and Wildlife Service, Nancy M. Kaufman, Department of the Interior. mitigate the effects of the incidental take of federally listed species. Regional Director, Southwest Region, ACTION: Notice of Intent to extend the Albuquerque, New Mexico. public comment period on scoping Background: Following is a preliminary list for public scoping [FR Doc. 00–27050 Filed 10–19–00; 8:45 am] issues for preparation of an BILLING CODE 4310±94±U Environmental Impact Statement (EIS) comments of probable environmental related to the SDCP. resources, effects, and issues associated with the proposed action. The public is DEPARTMENT OF THE INTERIOR SUMMARY: On September 7, 2000, requested to add items to this list, make pursuant to the National Environmental suggestions for possible alternative Geological Survey Policy Act (NEPA), the public was actions regarding these resources, and/ advised that the U.S. Fish and Wildlife or comment on how these resources Request for Public Comments on Service (Service) intends to prepare an may be impacted by the development, Proposed Information Collection To Be EIS to evaluate the impacts of and implementation, and potential issuance Submitted to the Office of Management alternatives for the possible issuing of of a permit for the Sonoran Desert and Budget for Review Under the an incidental take permit, pursuant to Conservation Plan. Paperwork Reduction Act section 10(a)(1)(B) of the Endangered Biological resources, including listed The proposal for the collection of Species Act of 1973, as amended (Act), species information described below will be to Pima County. At public scoping Urban land uses, including residential, submitted to the Office of Management meetings held on October 4, 2000 in commercial, and industrial and Budget for approval under the Tucson, Arizona, the public requested development provisions of the Paperwork Reduction additional time in which to respond. Transportation Act (44 U.S.C. Chapter 35). Copies of the This notice provides an extension of 30 Water resources, including hydrology proposed collection of information and days to the public comment period. and water quality related forms may be obtained by DATES AND ADDRESSES: Written Agriculture contacting the Bureau’s clearance officer comments on conservation alternatives Air resources at the phone number listed below. and issues to be addressed in the EIS are Cultural and historical resources Comments and suggestions on the now requested by Friday, November 24, Recreation proposal should be made within 60 days 2000, and should be sent to Mr. David Ranching practices and livestock directly to the Bureau clearance officer, Harlow, Field Supervisor, U.S. Fish and grazing U.S. Geological Survey, 807 National Wildlife Service, 2321 West Royal Palm Mineral resources Road, Suite 103, Phoenix, AZ, 85021 at Utility rights-of-way Center, 12201 Sunrise Valley Drive, 602/640–2720. For the information of Fire management Reston, Virginia, 20192, telephone (703) the general public, names and addresses Social and economic resources 648–7313. Specific public comments are of anyone who comments may and can Environmental justice be disclosed under the Freedom of requested as to: Comments and suggestions are invited 1. Whether the collection of Information Act. from all interested parties to ensure that information is necessary for the proper FOR FURTHER INFORMATION ON THE EIS, a range of issues and alternatives related performance of the functions on the CONTACT: Ms. Sherry Barrett, Assistant to the proposed action are identified. bureaus, including whether the Field Supervisor, Tucson Suboffice, The review of this project will be information will have practical utility; U.S. Fish and Wildlife Service, 300 conducted according to the 2. The accuracy of the bureau’s West Congress, Room 6J, Tucson, AZ, requirements of the National estimate of the burden of the collection 85701, at 520/670–4617, or Mr. David Environmental Policy Act of 1969, as of information, including the validity of Harlow, Field Supervisor, Arizona State amended (42 U.S.C. 4321 et seq.), the methodology and assumptions used: Office, U.S. Fish and Wildlife Service, National Environmental Policy Act 3. The quality, utility, and clarity of 2321 West Royal Palm Road, Suite 103, Regulations (40 CFR 1500–1508), and the information to be collected; and Phoenix, AZ, 85021 at 602/640–2720. other appropriate Federal laws, 4. How to minimize the burden of the FOR FURTHER INFORMATION ON regulations, policies and guidance. collection of information on those who THE SDCP, CONTACT: Mr. Paul Related Project Documentation—It is are to respond, including the use of Fromer, RECON, 1927 Fifth Avenue, anticipated that the EIS process will appropriate automated, electronic, Suite 200, San Diego, California 92101– make full use (including incorporation mechanical, or other forms of 2358 at 619/308–9333. Information on by reference, as appropriate, pursuant to information technology. the purpose, membership, meeting NEPA) of documents prepared by Pima Title: National Spatial Data schedules, and documents associated County and other entities regarding the Infrastructure (NSDI) Cooperative with the SDCP may be obtained on the environmental and socioeconomic Agreements Program (CAP). Internet at http://www.co.pima.az.us/ issues in the project area, copies of OMB approval number: New cmo/sdcp/index.html. which will be available for public collection. SUPPLEMENTARY INFORMATION: This inspection at the Pima County Abstract: Respondents submit notice advises the public that the Administrator’s Office, 130 West proposals for receiving assistance in Service intends to extend the public Congress, 10th floor, Tucson AZ 85701. implementing the National Spatial Data scoping period through November 24, After the environmental review is Infrastructure (NSDI) including 2000, for gathering of information completed, the Service will publish a metadata, clearinghouse, and

VerDate 112000 13:06 Oct 19, 2000 Jkt 194001 PO 00000 Frm 00038 Fmt 4703 Sfmt 4703 E:\FR\FM\20OCN1.SGM pfrm04 PsN: 20OCN1 63090 Federal Register / Vol. 65, No. 204 / Friday, October 20, 2000 / Notices framework. The technological and after this notice is published. This private residents, and the City of institutional development of NSDI notice is published in accordance with Prescott Police Department. The supports the ease of discovery, access 25 CFR 151.12(b) which was published designated closed area will be posted and utilization of geographic on April 24, 1996 (61 FR 18082). with signs and have barriers and fences information on the Internet. This FOR FURTHER INFORMATION CONTACT: installed where needed. This closure information will be used as the basis for Larry Scrivner, Deputy Director, Office will be monitored and enforced by the selection and award of projects meeting of Trust Responsibilities, Bureau of BLM, the City of Prescott Police program objectives. Annual or final Indian Affairs, Washington, DC 20240; Department, and other law enforcement reports are required on the 202–208–5831. agencies. performances of each selected. Dated: October 13, 2000. The following persons, operating Bureau form number: None. within the scope of their official duties, Kevin Gover, Frequency: Annual proposals and are exempt from the provisions of the final reports. Assistant Secretary—Indian Affairs. closure: Employees of the BLM, Arizona Description of respondents: State, [FR Doc. 00–27062 Filed 10–19–00; 8:45 am] Game and Fish Department, Arizona local, and Federal government, BILLING CODE 4310±02±P State Land Department, and local or academic institutions, private business, federal law enforcement and fire and non-profit organizations. protection personnel. This closure is in DEPARTMENT OF THE INTERIOR Annual responses: 120. accordance with the provisions of the Annual burden hours: 6,640 hours. Bureau of Land Management Federal Land Policy and Management Bureau clearance officer: John Act of 1976 (43 USC 1701) and 43 CFR, Cordyack, 703–648–7313. [AZ±020±1220±HA] Subpart 8364.1. Any person who fails to Dated: October 11, 2000. comply with the provisions of this Closure of Public Lands in Yavapai Barbara J. Ryan, closure may be subject to penalties County to Off-Highway Vehicle Use; Associate Director for Geography. outlined in 43 CFR Subpart 8360.0–7. Phoenix Field Office, Arizona [FR Doc. 00–27000 Filed 10–19–00; 8:45 am] EFFECTIVE DATE: This order will be BILLING CODE 4310±7Y±M AGENCY: Bureau of Land Management, effective upon publication of this notice Interior. in the Federal Register and completion ACTION: Notice of off-road vehicle of on-the-ground signing and posting by DEPARTMENT OF THE INTERIOR closure. BLM, the Arizona State Land Department and local law enforcement Bureau of Indian Affairs SUMMARY: This notice is to inform the authorities. public that the Bureau of Land Notice of Intent To Take Land in Trust Management (BLM) intends to close FOR FURTHER INFORMATION CONTACT: for the Little Traverse Bay Band of certain lands near Prescott, Arizona in Michael A. Taylor, Field Manager, Odawa Indians Yavapai County to any and all types of Phoenix Field Office, 2015 West Deer off-highway vehicle (OHV) use. This Valley Road, Phoenix, Arizona 85027; AGENCY: Bureau of Indian Affairs, 623–580–5500. Interior. closure will be year-round and will SUPPLEMENTARY INFORMATION: The 40 ACTION: Notice. remain in effect until rescinded or modified by the Phoenix Field Office acres of public land affected by this off- SUMMARY: The Assistant Secretary— Manager. The public land affected by highway vehicle closure order are Indian Affairs, United States this closure is specifically identified as adjacent to expanding urban and Department of the Interior, made a final follows: residential development. Unregulated agency determination on August 21, and unauthorized off-highway and 2000, that the United States will accept All BLM administered public lands in cross-country vehicle travel is not the South 1⁄2 of the NE 1⁄4 of Section 2, Township 14 North, Range 1 West, G&SRM consistent with the orderly growth of Township 37 North, Range 5 West, Public Lands within Section 33, the community, public health and W1⁄2W1⁄2NW1⁄4 containing 80 acres, and the East 1⁄2 of safety, and the use of adjoining private Containing approximately 40 acres the NW 1⁄4 Section 36, Township 36 land for residences. North, Range 6 West, containing 80 This OHV closure will protect public Loud noise and fugitive dust from off- acres, Michigan Meridian, Emmet lands from environmental damage and highway vehicle operation is a growing County, Michigan, in the name of the to aid in the protection of adjoining and continuing problem. OHV users United States for the benefit of the Little state and private lands. The closure will have been operating their vehicles from Traverse Bay Bands of Odawa Indians. eliminate excessive vehicle noise in early morning till late at night, Notices sent to all political entities on residential neighborhoods, reduce the disturbing nearby property owners. August 21, 2000, contained a incidence of fugitive dust impacting Unattended campfires and use of typographical error in the number of homeowners, and curtail unattended fireworks create extreme fire hazards for acres contained in each tract. The notice campfires and fireworks use. Trespass the community. Target shooting and should have said 80 acres per tract across state and private land to reach gunfire have disturbed neighborhoods to instead of 40 acres. The Little Traverse this parcel of BLM-administered lands the north, east and south of this public Bay Bands of Odawa Indians is will be curbed by this closure. Dumping land parcel. Trespass by off-highway organized pursuant to the Indian of construction debris and litter on the vehicle users from public land onto Reorganization Act of 1934, as BLM lands will also be halted by this adjoining private lands has been amended, and it has been determined action. documented. Increasing levels of local that this trust acquisition is mandated BLM is coordinating this action with law enforcement personnel and time for the Little Traverse Bay Bands of adjoining land owners, including the have been allocated to answering Odawa Indians pursuant to 25 U.S.C. Arizona State Land Department, the disturbance calls from residents due to 1300k–4(a). The United States shall Arizona Public Service utility company, noise, dust, late night activity, acquire title no sooner than 30 days the Arizona Game and Fish Department, unattended campfires, firework use,

VerDate 112000 17:13 Oct 19, 2000 Jkt 194001 PO 00000 Frm 00039 Fmt 4703 Sfmt 4703 E:\FR\FM\20OCN1.SGM pfrm08 PsN: 20OCN1 Federal Register / Vol. 65, No. 204 / Friday, October 20, 2000 / Notices 63091 gunfire, and illegal dumping of dirt, DEPARTMENT OF THE INTERIOR SUMMARY: The Bureau of Land debris and trash. Management’s Utah Statewide Resource Bureau of Land Management Dated: October 2, 2000. Advisory Council (RAC) meeting will be [WO±300±1990±00] held on November 8–9, 2000 in Bluff, Deborah K. Rawhouser, Utah. Assistant Field Manager, Resource Use & Surface Management Regulations for On November 8, from 1–4:30, the RAC Protection. Locatable Mineral Operations; Final will meet at Desert Rose Hotel, 701 West [FR Doc. 00–27018 Filed 10–19–00; 8:45 am] Environmental Impact Statement Main, Bluff, Utah. The Council will be BILLING CODE 4310±32±M Availability given an overview of the Resource Advisory Council (RAC) in Utah, its AGENCY: Bureau of Land Management, past accomplishments and activities, DEPARTMENT OF THE INTERIOR Department of the Interior. some Utah specifics, and an overview of ACTION: Notice of availability of final the BLM programs in general. A public Bureau of Land Management environmental impact statement (EIS) comment period is scheduled on on Surface Management Regulations for November 8 from 4–4:30 where [CA±650±1430±01; CALA014410] Locatable Minerals Management. members of the public may address the Council. Road Closure SUMMARY: Pursuant to section 102(2)(C) On November 9, from 8 a.m.–1 p.m., of the National Environmental Policy the RAC will be taking a field tour of AGENCY: Bureau of Land Management, Act and 40 CFR 1500–1508 Council on Sand Island and the Butler Wash where Interior. Environmental Quality Regulations, they will be looking at cultural, notice is given that the Bureau of Land ACTION: Road closure. recreation, wilderness, and visitation Management (BLM) has prepared a issues. The afternoon session (1–3:30 Final EIS on the Surface Management p.m.), at the Desert Rose Hotel, will SUMMARY: Temporary Closure of Road to Regulations for Locatable Mineral include reports on Fire and Fire ensure public safety and continued Operations (43 CFR 3809), and has Rehabilitation and Off-Highway Vehicle reliability of the First Los Angeles made it available to the public. issues, followed by an open discussion Aqueduct until the required emergency DATES: The Bureau of Land Management period. The meeting will conclude at maintenance and rehabilitation of the will make this FEIS available to the 3:30. Aqueduct is completed. public for at least 30 days following All meetings of the BLM’s Resource publication in the Federal Register by EFFECTIVE DATE: October 20, 2000. Advisory Council are open to the the Environmental Protection Agency of public; however, transportation, meals, FOR FURTHER INFORMATION CONTACT: a Notice of Receipt of this Final EIS, and and overnight accommodations are the Peter Graves, Ridgecrest Field Office, will take no final action during this time responsibility of the participating BLM, 300 South Richmond Road, period. public. Ridgecrest, CA 93555, (760) 384–5429. FOR FURTHER INFORMATION CONTACT: Paul FOR FURTHER INFORMATION CONTACT: McNutt, BLM Nevada State Office, (775) SUPPLEMENTARY INFORMATION: The Sherry Foot, Special Programs 861–6604, or via email: Bureau of Land Management, Ridgecrest Coordinator, Utah State Office, Bureau [email protected]; or Andrew Field Office hereby announces that the of Land Management, 324 South State Strasfogel, BLM Washington Office, road between Grapevine Canyon and Street, Salt Lake City, UT 84111; phone (202) 452–7723, or via email: (801) 539–4195. Sand Canyon will be temporarily closed [email protected]. effective October 9, 2000 to July 31, Dated: October 16, 2000. SUPPLEMENTARY INFORMATION: Copies 2001. This action is taken pursuant to Sally Wisely, Title 43 Code of Federal Regulations may be requested from Paul McNutt, BLM Nevada State Office, 1340 Utah BLM State Director. part 8364. The reason for the closure is [FR Doc. 00–26974 Filed 10–19–00; 8:45 am] to ensure public safety and the Financial Blvd., Reno, NV 89502, (775) 861–6604, or via email: BILLING CODE 4310±$$±M continued reliability of the First Los [email protected]. Angeles Aqueduct until the Los Angeles Department of Water & Power (LADWP) Dated: October 16, 2000. DEPARTMENT OF THE INTERIOR completes emergency repairs and Nina Hatfield, rehabilitation to the Aqueduct. Access Deputy Director. Bureau of Land Management on the subject road is prohibited [FR Doc. 00–27014 Filed 10–19–00; 8:45 am] [CO±600±01±1220±AL±1784] without the express written consent of BILLING CODE 4310±84±M LADWP. Access across the road may be Southwest Resource Advisory Council arranged by calling Robert Chaney of Meeting LADWP at (661)-824–7901. For more DEPARTMENT OF THE INTERIOR AGENCY: Bureau of Land Management, information, contact Peter G. Graves, Bureau of Land Management Resource Management Specialist, at Interior. (760) 384–5429. [UT±912±01±1020±AE±24±1A] ACTION: Notice; Southwest Resource Advisory Council meeting. Dated: October 5, 2000. Notice of Meeting of the Utah Resource Hector A. Villalobos, Advisory Council SUMMARY: Notice is hereby given that Field Office Manager. the Southwest Resource Advisory AGENCY: Bureau of Land Management, Council (Southwest RAC) will meet in [FR Doc. 00–27026 Filed 10–19–00; 8:45 am] Interior. November 2000 in Montrose, Colorado. BILLING CODE 4310±40±P ACTION: Notice of meeting of the Utah DATES: The meeting will be held on Resource Advisory Council. Thursday, November 9, 2000.

VerDate 112000 13:06 Oct 19, 2000 Jkt 194001 PO 00000 Frm 00040 Fmt 4703 Sfmt 4703 E:\FR\FM\20OCN1.SGM pfrm04 PsN: 20OCN1 63092 Federal Register / Vol. 65, No. 204 / Friday, October 20, 2000 / Notices

ADDRESSES: For additional information, Lakewood, Colorado 80215, (303) 239– Indian Meridian, Oklahoma contact Roger Alexander, Bureau of 3716. T. 6 N., R. 14 E., approved September 28, Land Management, 2465 South SUPPLEMENTARY INFORMATION: The 2000, for Group 68 OK; Townsend Avenue, Montrose, Colorado authority for these Supplementary Rules T. 6 N., R. 14 E., approved September 28, 81401; phone 970–240–5335; TDD 970– is contained in the Code of Federal 2000, for Group 68 OK; 240–5366; e-mail Regulations, Title 43, § 8365.1–6, T. 10 S., R. 21 W., approved September 19, [email protected]. Supplementary Rules. Violation of any 2000, Supplemental Plat; Amended Protraction Diagrams for Tps. 7–12 SUPPLEMENTARY INFORMATION: The supplementary rule by a member of the S., R. 21 W., approved May 4, 2000; November 9, 2000 meeting will be held public, except for the provisions of Tps. 6 and 7 S., R. 16 W., approved August at the Bureau of Land Management— § 8365.1–7, are punishable by a fine not 25, 2000; North Building Conference Room, 2465 to exceed $1,000 and/or imprisonment T. 13 S., R. 16 W., approved September 19, South Townsend, Montrose, Colorado. not to exceed 12 months. (Code of 2000; The meeting will begin at 9:00 a.m. and Federal Regulations, Title 43, § 8360.0– Tps. 7, 9 and 10 S., R. 17 W., approved end at approximately 4:30 p.m. The 7.) August 25, 2000; Violations of supplementary rules Tp. 12 S., R. 15 W., approved September 19, agenda will include presentations on 2000; BLM’s fire management program and authorized by Sec. 8365.1–7 are punishable in the same manner. Tps. 13 and 14 S., R. 15 W., approved the Uncompahgre Plateau Habitat September 22, 2000; Project, and BLM business updates Existing BLM Campgrounds in T. 14 S., R. 12 W., approved September 19, (recreation guidelines, BLM Colorado 2000; organizational changes in western T. 14 S., R. 14 W., approved September 19, This supplementary rule authorizes Colorado, etc.). General public comment 2000; the establishment and re-affirmation of is scheduled for 9:15 a.m. Tps. 12 and 13 S., R. 14 W., approved recreation fees at all existing fee Summary minutes for Council September 22, 2000; campgrounds on BLM administered meetings are maintained in BLM’s North Tps. 32 and 33 S., R. 22 W., approved lands in Colorado. The following September 28, 2000. Building in Montrose and on the World campgrounds are subject to recreation Wide Web at www.co.blm.gov/swrac/ Filed on the date of this letter are the fees: swrac.htm and are available for public following surveys: inspection and reproduction within Gunnison Field Office: Mill Creek, Red T. 8 S., R. 12 W., approved July 19, 2000, for thirty (30) days following each meeting. Bridge, The Gate Group 967 NM; and San Juan Field Office: Bradfield Bridge T. 17 N., R. 9 E., approved August 25, 2000, Dated: October 16, 2000. Royal Gorge Field Office: Shelf Road Supplemental Plat. Roger Alexander, Recreation sites, Sand Gulch, The Public Affairs Specialist. Banks If a protest against a survey, as shown on any of the above plats is received [FR Doc. 00–27051 Filed 10–19–00; 8:45 am] Grand Junction Field Office: Mud prior to the date of official filing, the BILLING CODE 4310±JB±P Springs Kremmling Field Office: Pumphouse, filing will be stayed pending Radium consideration of the protest. A plat will DEPARTMENT OF THE INTERIOR Glenwood Springs Field Office: not be officially filed until the day after Gypsum, Wolcott all protests have been dismissed and Bureau of Land Management Saguache Field Office: Penitente become final or appeals from the Canyon dismissal affirmed. [CO±930±1220±EB] Uncompahgre Field Office: All A person or party who wishes to campsites within the Gunnison Gorge protest against any of these surveys Campground Fees for BLM- National Conservation Area Administered Campgrounds in must file a written protest with the NM Colorado Dave Strunk, State Director, Bureau of Land Deputy State Director, Resource Services Management, stating that they wish to AGENCY: Bureau of Land Management, (Acting). protest. Interior. [FR Doc. 00–26997 Filed 10–19–00; 8:45 am] A statement of reasons for a protest ACTION: Supplementary rules. BILLING CODE 4310±JB±P may be filed with the notice of protest to the State Director, or the statement of SUMMARY: The Bureau of Land reasons must be filed with the State Management (BLM) is establishing DEPARTMENT OF THE INTERIOR Director within thirty (30) days after the recreation use fees for campgrounds that protest is filed. The above-listed plats Bureau of Land Management did not have existing supplementary represent dependent resurveys, surveys, rules related to recreation use fees. BLM [NM±952±01±1420±BJ] and subdivisions. is also reaffirming existing supplementary rules for BLM- Notice of Filing of Plats of Survey; New These plats will be available for administered campgrounds throughout Mexico inspection in the New Mexico State Colorado. We are taking this action to Office, Bureau of Land Management, authorize the collection of fees from AGENCY: Bureau of Land Management, P.O. Box 27115, Santa Fe, New Mexico, those who use the campgrounds. This Interior. 87502–0115. Copies may be obtained action has the effect of requiring ACTION: Notice. from this office upon payment of $1.10 per sheet. campground users to pay fees for the SUMMARY: The plats of survey described use of certain designated campgrounds. below are scheduled to be officially Dated: October 12, 2000. EFFECTIVE DATE: October 20, 2000. filed in the New Mexico State Office, John P. Bennett, FOR FURTHER INFORMATION CONTACT: Tina Bureau of Land Management, Santa Fe, Chief Cadastral Surveyor for New Mexico. McDonald, BLM Colorado State Office New Mexico, (30) thirty calendar days [FR Doc. 00–27027 Filed 10–19–00; 8:45 am] (CO–930), 2850 Youngfield Street, from the date of this publication. BILLING CODE 4310±FB±M

VerDate 112000 13:06 Oct 19, 2000 Jkt 194001 PO 00000 Frm 00041 Fmt 4703 Sfmt 4703 E:\FR\FM\20OCN1.SGM pfrm04 PsN: 20OCN1 Federal Register / Vol. 65, No. 204 / Friday, October 20, 2000 / Notices 63093

INTERNATIONAL TRADE impaired persons can obtain parties authorized to receive BPI under COMMISSION information on this matter by contacting the APO. the Commission’s TDD terminal on 202– [Investigation No. 731±TA±894 Conference (Preliminary)] 205–1810. Persons with mobility impairments who will need special The Commission’s Director of Certain Ammonium Nitrate From assistance in gaining access to the Operations has scheduled a conference Ukraine Commission should contact the Office in connection with this investigation for of the Secretary at 202–205–2000. 9:30 a.m. on November 3, 2000, at the AGENCY: United States International General information concerning the U.S. International Trade Commission Trade Commission. Commission may also be obtained by Building, 500 E Street SW., Washington, ACTION: Institution of Antidumping accessing its internet server (http:// DC. Parties wishing to participate in the Investigation and Scheduling of a www.usitc.gov). conference should contact Diane Mazur Preliminary Phase Investigation. SUPPLEMENTARY INFORMATION: (202–205–3184) not later than November 1, 2000, to arrange for their SUMMARY: The Commission hereby gives Background appearance. Parties in support of the notice of the institution of an imposition of antidumping duties in investigation and commencement of This investigation is being instituted in response to a petition filed on this investigation and parties in preliminary phase antidumping opposition to the imposition of such investigation No. 731–TA–894 October 13, 2000, by the Committee For Fair Ammonium Nitrate Trade duties will each be collectively (Preliminary) under section 733(a) of the allocated one hour within which to Tariff Act of 1930 (19 U.S.C. 1673b(a)) (‘‘COFANT’’) whose members include Air Products & Chemicals, Inc., make an oral presentation at the (the Act) to determine whether there is conference. A nonparty who has a reasonable indication that an industry Allentown, PA; Mississippi Chemical Corp., Yazoo City, MS; El Dorado testimony that may aid the in the United States is materially Commission’s deliberations may request injured or threatened with material Chemical Co., Oklahoma City, OK; La Roche Industries, Inc., Atlanta, GA; and permission to present a short statement injury, or the establishment of an at the conference. industry in the United States is Nitram, Inc., Tampa, FL. materially retarded, by reason of Participation in the Investigation and Written Submissions imports from Ukraine of certain Public Service List ammonium nitrate,1 provided for in As provided in sections 201.8 and subheading 3102.30.00 of the Persons (other than petitioners) 207.15 of the Commission’s rules, any Harmonized Tariff Schedule of the wishing to participate in the person may submit to the Commission United States, that are alleged to be sold investigation as parties must file an on or before November 8, 2000, a in the United States at less than fair entry of appearance with the Secretary written brief containing information and value. Unless the Department of to the Commission, as provided in arguments pertinent to the subject Commerce extends the time for sections 201.11 and 207.10 of the matter of the investigation. Parties may initiation pursuant to section Commission’s rules, not later than seven file written testimony in connection 732(c)(1)(B) of the Act (19 U.S.C. days after publication of this notice in with their presentation at the conference 1673a(c)(1)(B)), the Commission must the Federal Register. Industrial users no later than three days before the reach a preliminary determination in and (if the merchandise under conference. If briefs or written antidumping investigations in 45 days, investigation is sold at the retail level) testimony contain BPI, they must or in this case by November 27, 2000. representative consumer organizations conform with the requirements of The Commission’s views are due at the have the right to appear as parties in sections 201.6, 207.3, and 207.7 of the Department of Commerce within five Commission antidumping Commission’s rules. The Commission’s business days thereafter, or by investigations. The Secretary will rules do not authorize filing of December 4, 2000. prepare a public service list containing submissions with the Secretary by For further information concerning the names and addresses of all persons, facsimile or electronic means. the conduct of this investigation and or their representatives, who are parties In accordance with sections 201.16(c) rules of general application, consult the to this investigation upon the expiration and 207.3 of the rules, each document Commission’s Rules of Practice and of the period for filing entries of filed by a party to the investigation must Procedure, part 201, subparts A through appearance. be served on all other parties to the E (19 CFR part 201), and part 207, Limited Disclosure of Business investigation (as identified by either the subparts A and B (19 CFR part 207). Proprietary Information (BPI) Under an public or BPI service list), and a EFFECTIVE DATE: October 13, 2000. Administrative Protective Order (APO) certificate of service must be timely filed. The Secretary will not accept a FOR FURTHER INFORMATION CONTACT: and BPI Service List document for filing without a certificate Diane Mazur (202–205–3184), Office of Pursuant to section 207.7(a) of the of service. Investigations, U.S. International Trade Commission’s rules, the Secretary will Commission, 500 E Street SW., make BPI gathered in this investigation Authority: This investigation is being Washington, DC 20436. Hearing- conducted under authority of title VII of the available to authorized applicants Tariff Act of 1930; this notice is published representing interested parties (as 1 pursuant to section 207.12 of the The product covered by this investigation is defined in 19 U.S.C. 1677(9)) who are Commission’s rules. solid, fertilizer grade ammonium nitrate, whether parties to the investigation under the prilled, granular or in other solid form, with or Issued: October 16, 2000. APO issued in the investigation, without additives or coating, and with a bulk By order of the Commission. density equal to or greater than 53 pounds per cubic provided that the application is made foot. Specifically excluded from this investigation not later than seven days after the Donna R. Koehnke, is solid ammonium nitrate with a bulk density less Secretary. than 53 pounds per cubic foot (commonly referred publication of this notice in the Federal to as industrial or explosive grade ammonium Register. A separate service list will be [FR Doc. 00–27057 Filed 10–19–00; 8:45 am] nitrate). maintained by the Secretary for those BILLING CODE 7020±02±P

VerDate 112000 13:06 Oct 19, 2000 Jkt 194001 PO 00000 Frm 00042 Fmt 4703 Sfmt 4703 E:\FR\FM\20OCN1.SGM pfrm04 PsN: 20OCN1 63094 Federal Register / Vol. 65, No. 204 / Friday, October 20, 2000 / Notices

INTERNATIONAL TRADE and 61) granting the motions of and bonding. 65 FR 53334 (Sept. 1, COMMISSION respondents Prestige and R.E. Tobacco 2000). to terminate the investigation as to them Submissions on remedy, the public [Investigation No. 337±TA±424] based on consent orders. On April 27, interest, and bonding were received Certain Cigarettes and Packaging 2000, the Commission determined not from complainant, intervenor PTI, and Thereof; Notice of Issuance of General to review an ID (Order No. 68) granting the IA. Reply submissions were received Exclusion Order and Cease and Desist the motion of respondent Dood to from complainant and the IA. Order terminate the investigation as to it based Comments on the public interest were on a consent order. received from one U.S. Senator, AGENCY: U.S. International Trade On March 24, 2000, the Commission nineteen Members of Congress, the Commission. determined not to review an ID (Order National Association of Attorneys ACTION: Notice. No. 59) granting complainant’s motion General, the Attorney General of for partial summary determination that Florida, the Petroleum Marketers SUMMARY: Notice is hereby given that a domestic industry exists with respect Association of America, the National the U.S. International Trade to complainant’s trademarks. Association of Convenience Stores, and Commission has issued a general The presiding administrative law the National Grocers Association. exclusion order and a cease and desist judge (‘‘ALJ’’) held an evidentiary Having reviewed the record in this order in the above-captioned hearing on violation beginning on investigation, including the written investigation. March 20, 2000. On March 24, 2000, the submissions of the parties and the public comments, the Commission has FOR FURTHER INFORMATION CONTACT: last day of the hearing, PTI filed a Shara L. Aranoff, Esq., Office of the motion for dismissal of Brown & determined that the appropriate form of General Counsel, U.S. International Williamson’s complaint pursuant to relief is a general exclusion order Trade Commission, 500 E Street, SW., Federal Rule of Civil Procedure prohibiting the unlicenced entry for consumption of KOOL and LUCKY Washington, DC 20436; telephone (202) (‘‘FRCP’’) 41(a), alleging that Brown & STRIKE cigarettes manufactured by 205–3090, e-mail [email protected]. Williamson failed to set forth facts Brown & Williamson that infringe the showing entitlement to relief for SUPPLEMENTARY INFORMATION: The eleven federally-registered Brown & trademark infringement. The ALJ Commission instituted this investigation Williamson trademarks (U.S. Reg. Nos. permitted complainant and the on September 16, 1999, based on a 118,372; 311,961; 335,113; 366,744; Commission investigative attorney complaint and supplement to the 404,302; 508,538; 747,482; 747,490; (‘‘IA’’) to respond to PTI’s motion in complaint filed by Brown & Williamson 2,055,297; 2,174,493; and 2,218,589), their posthearing briefs. Tobacco Corporation (‘‘complainant’’ or dilute the identified trademarks, or bear ‘‘Brown & Williamson’’). Complainant On June 22, 2000, the ALJ issued her the identified trademarks and falsely alleged unfair acts in violation of final ID finding a violation of section represent that the trademark owner is section 337 of the Tariff Act of 1930 (19 337 and denying PTI’s motion to the source of such product, and a cease U.S.C. 1337) in the importation, sale for dismiss. She found that there had been and desist order directed to intervenor importation, and/or sale within the imports of the accused products by PTI, prohibiting the importation, sale for United States after importation of intervenor PTI; that PTI’s importation importation, or sale in the United States certain cigarettes and packaging thereof, and sale of certain ‘‘KOOL’’ and after importation of KOOL and LUCKY by reason of: (a) Infringement of 11 ‘‘LUCKY STRIKE’’ cigarettes infringed STRIKE cigarettes that infringe the federally registered U.S. trademarks the Brown & Williamson trademarks; Brown & Williamson trademarks. (U.S. Reg. Nos. 118,372; 311,961; that PTI’s importation and sale of The Commission has also determined 335,113; 366,744; 404,302; 508,538; accused cigarettes diluted the Brown & that the public interest factors 747,482; 747,490; 2,055,297; 2,174,493; Williamson trademarks; that PTI’s enumerated in subsections 1337(d) and and 2,218,589) (‘‘the Brown & importation and sale of accused (f) do not preclude the issuance of the Williamson trademarks’’); (b) trademark cigarettes constituted a false designation general exclusion order and the cease dilution; (c) false representation of of origin; that complainant had failed to and desist order, and that the bond source; and (d) false advertising. The demonstrate that PTI engaged in false during the Presidential review period Commission’s notice of investigation advertising with respect to the accused shall be in the amount of seven dollars named Allstate Cigarette Distributors, cigarettes; that PTI’s trademark dilution ($7.00) per carton of cigarettes. Inc. (‘‘Allstate’’), Dood Enterprises, Inc. and false designation had the threat or This action is taken under the (‘‘Dood’’), Prestige Storage and effect of substantially injuring the authority of section 337 of the Tariff Act Distribution, Inc. (‘‘Prestige’’), and R.E. domestic industry; and that PTI was not of 1930 (19 U.S.C. 1337) and section Tobacco Sales, Inc. (‘‘R.E. Tobacco’’) as denied due process in proceedings 210.50 of the Commission’s Rules of respondents. before the ALJ in this investigation. Practice and Procedure (19 CFR 210.50). On December 15, 1999, the On June 27, 2000, the Commission Copies of the Commission’s orders, Commission determined not to review determined to extend the date by which the public version of the Commission’s an initial determination (‘‘ID’’) (Order it was required determine whether to opinion in support thereof, and all other No. 15) granting the motion of PTI, Inc., review the instant ID to August 28, nonconfidential documents filed in doing business as Ampac Trading 2000, and to extend the target date in connection with this investigation are or (‘‘PTI’’ or ‘‘intervenor’’), to intervene in this investigation to October 16, 2000. will be available for inspection during this investigation. On February 22, On July 12, 2000, intervenor PTI filed official business hours (8:45 a.m. to 5:15 2000, the Commission determined to a petition for review of the final ID. On p.m.) in the Office of the Secretary, U.S. review and affirm an ID (Order No. 30) July 17, 2000, complainant and the IA International Trade Commission, 500 E granting the motion of respondent filed responses to the petition. On Street, SW., Washington, DC 20436, Allstate to terminate the investigation as August 28, 2000, the Commission telephone (202) 205–2000. Hearing to it based on a consent order. On March determined not to review the ID and impaired persons are advised that 24, 2000, the Commission determined requested written submissions on the information can be obtained by not to review two IDs (Orders Nos. 60 issues of remedy, the public interest, contacting the Commission’s TDD

VerDate 112000 13:06 Oct 19, 2000 Jkt 194001 PO 00000 Frm 00043 Fmt 4703 Sfmt 4703 E:\FR\FM\20OCN1.SGM pfrm04 PsN: 20OCN1 Federal Register / Vol. 65, No. 204 / Friday, October 20, 2000 / Notices 63095 terminal on (202) 205–1810. Public and flash microcontroller PTO’s issuance of the certificate of documents are available for semiconductor devices, by reason of correction for the ’903 patent. The downloading from the Commission’s infringement of one or more claims of investigation was remanded to the ALJ Internet server (http://www.usitc.gov). U.S. Letters Patent 4,511,811 (‘‘the ’811 who issued an ID on May 17, 2000, General information concerning the patent’’), U.S. Letters Patent 4,673,829 finding that complainant Atmel had Commission may also be obtained by (‘‘the ’829 patent’’), and U.S. Letters committed inequitable conduct at the accessing its Internet server. Patent 4,451,903 (‘‘the ’903 patent’’) PTO in the procurement of the Issued October 16, 2000. assigned to Atmel. 62 FR 13706 (March certificate of correction for the ’903 By order of the Commission. 21, 1997). Silicon Storage Technology, patent; that the inventors listed on the Inc. (‘‘SST’’) was permitted to intervene PTO certificate of correction are not the Donna R. Koehnke, in the investigation. correct inventors; and that no Secretary. On March 19, 1998, the presiding inequitable conduct was shown to have [FR Doc. 00–27058 Filed 10–19–00; 8:45 am] administrative law judge (‘‘ALJ’’) issued taken place at the PTO in the BILLING CODE 7020±02±P his final initial determination (‘‘ID’’) prosecution of the original patent finding that respondents had not application that matured into the ’903 violated section 337, based on his patent. INTERNATIONAL TRADE finding that neither the ’811 patent, the On May 30, 2000, Atmel petitioned COMMISSION ’829 patent, nor the ’903 patent was for review of the ID of May 17, 2000, [Investigation No. 337±TA±395] infringed by any product imported and and certain orders issued by the ALJ. sold by respondents or intervenor. He Respondents, intervenor, and the Certain EPROM, EEPROM, Flash also found, that the ’903 patent is Commission investigative attorney Memory, and Flash Microcontroller unenforceable because of waiver and (‘‘IA’’) filed responses to Atmel’s Semiconductor Devices, and Products implied license by legal estoppel, that petition. On July 17, 2000, the Containing Same; Notice of Final claims 2–8 of that patent are invalid for Commission determined to review the Determination and Issuance of Limited indefiniteness, but that the ’903 patent ALJ’s determination that the PTO Exclusion Order; Notice of Denial of is not unenforceable for failure to name certificate of correction for the ’903 Motions for Sanctions, for Attorney's a co-inventor. Complainant Atmel patent was procured inequitably; the Fees, and for Dismissal of Complaint petitioned for review of the ALJ’s final ALJ’s determination that the inventors ID, and on May 6, 1998 the Commission named on the PTO certificate of AGENCY: U.S. International Trade determined to review most of the ALJ’s correction are incorrect; the ALJ’s ruling Commission. findings and requested written in Order No. 50 that Atmel had waived ACTION: Notice. submissions on the issues of remedy, the attorney-client and attorney work SUMMARY: Notice is hereby given that the public interest, and bonding. 63 FR product privileges; and the ALJ’s ruling the U.S. International Trade 25867 (May 11, 1998). in Order No. 69 that Atmel bore the Commission has found a violation of On review, the Commission burden of proof by clear and convincing determined that the ’811 patent and the section 337 of the Tariff Act of 1930 (19 evidence that the inventors shown on ’829 patent were invalid on the basis of U.S.C. 1337) and has issued a limited the PTO certificate of correction are the collateral estoppel in light of a U.S. exclusion order in the above-captioned correct inventors. The Commission district court decision (Atmel Corp. v. investigation. The Commission has also requested briefs on the issues under Information Storage Devices, Inc., No. determined to deny a motion for review, and posed briefing questions for C–95–1987–FMS, 1998 WL 184274 dismissal of Atmel’s complaint for the parties to answer. The Commission (N.D. Cal. April 14, 1998)), and that the unclean hands and motions for also requested written submissions on ’903 patent was unenforceable for remedy, the public interest, and sanctions and attorney’s fees. failure to name a co-inventor. The bonding. 65 FR 45406 (July 21, 2000). FOR FURTHER INFORMATION CONTACT: investigation was terminated with a On August 28, 1998, Atmel appealed Timothy P. Monaghan, Esq., Office of finding of no violation of section 337.63 the Commission’s ‘‘no violation’’ the General Counsel, U.S. International FR 37133 (July 9, 1998). determination of July 2, 1998, to the Trade Commission, 500 E Street, SW, On August 11, 1998, after issuance of U.S. Court of Appeals for the Federal Washington, DC 20436, telephone 202– the Commission opinion, Atmel filed a Circuit. Sanyo, Winbond, Macronix, and 205–3152. petition with the U.S. Patent and SST intervened in support of the SUPPLEMENTARY INFORMATION: The Trademark Office (‘‘PTO’’) to correct the Commission. On November 6, 1998, Commission instituted this investigation inventorship of the ’903 patent. The Sanyo and Winbond moved to dismiss on March 18, 1997, based upon a PTO granted Atmel’s petition on August the portion of the appeal concerning the complaint filed by Atmel Corporation 18, 1998, and issued a certificate of ’903 patent. On December 8, 1998, the alleging that Sanyo Electric Co., Ltd. correction on October 6, 1998. Federal Circuit stayed the appeal (‘‘Sanyo’’), Winbond Electronics On September 8, 1998, Atmel filed pending a ruling from the Commission Corporation of Taiwan and Winbond with the Commission a ‘‘Petition For on Atmel’s then pending motion for the Electronics North America Corporation Relief From Final Determination Commission to reconsider its prior of California (collectively ‘‘Winbond’’), Finding U.S. Patent No. 4,451,903 determination on inventorship. and Macronix International Co., Ltd. Unenforceable.’’ Respondents and the On February 10, 1999, Winbond filed and Macronix America, Inc. Commission’s Office of Unfair Import a petition for a writ of mandamus with (collectively ‘‘Macronix’’) had violated Investigations (‘‘OUII’’) filed responses the Federal Circuit. Winbond asked the section 337 in the sale for importation, to the petition. The Commission ruled Federal Circuit to direct the the importation, and the sale within the on Atmel’s petition on January 25, 1999. Commission to vacate its January 25, United States after importation of It determined to treat Atmel’s petition as 1999, order remanding the inventorship certain erasable programmable read only a petition for reconsideration, granted issue to the ALJ. Winbond argued that memory (‘‘EPROM’’), electrically the petition, and reopened the record of the Commission was without authority erasable programmable read only the investigation for the limited purpose to grant relief from its final memory (‘‘EEPROM’’), flash memory, of resolving the issues arising from the determination of ‘‘no violation’’ because

VerDate 112000 17:13 Oct 19, 2000 Jkt 194001 PO 00000 Frm 00044 Fmt 4703 Sfmt 4703 E:\FR\FM\20OCN1.SGM pfrm08 PsN: 20OCN1 63096 Federal Register / Vol. 65, No. 204 / Friday, October 20, 2000 / Notices the case had been appealed to the the result of ALJ Order No. 50, which INTERNATIONAL TRADE Federal Circuit. ordered the production of certain Atmel COMMISSION The Federal Circuit denied Winbond’s documents. The Commission also [Inv. No. 337±TA±434] petition for a writ of mandamus on reversed Order No. 69 to the extent that April 16, 1999, and remanded Atmel’s it placed the burden of proving that the Certain Magnetic Resonance Injection appeal to the Commission, stating that certificate of correction of the ’903 Systems and Components Thereof; ‘‘[a]fter its proceedings are complete, the patent listed the correct inventors on Notice of Decision To Extend the ITC shall issue a final determination Atmel and vacated the ALJ’s Deadline for Determining Whether To encompassing Atmel’s complaint determination in Order No. 69 that PTO Review an Initial Determination regarding all three patents so that the rule 324 does not comport with its Granting a Motion for Summary parties may seek [judicial] review at that Determination of Invalidity time.’’ In Re Winbond Electronics enabling statute. Corporation and Winbond Electronics The Commission also made AGENCY: International Trade North America Corporation, Appeal No. determinations on the issues of remedy, Commission. 98–1580, Miscellaneous Docket No. 579 the public interest, and bonding. The ACTION: Notice. (Fed. Cir. April 16, 1999) (Mandate Commission determined that the issued on June 7, 1999) at p. 4. As a appropriate form of relief is a limited SUMMARY: Notice is hereby given that result of this ruling, and the Federal exclusion order prohibiting the the U.S. International Trade Circuit’s subsequent reversal of the U.S. importation of EPROMs, EEPROMs, Commission has determined to extend district court decision in Atmel Corp. v. flash memories, and flash by forty (40) days, or until December 6, Information Storage Devices, Inc., all microcontroller semiconductor devices, 2000, the deadline for determining three Atmel patents at issue were before and circuit boards containing such whether to review an initial the Commission for final determination. devices, that infringe claims 1 or 9 of determination (ID) (Order No. 16) issued The U.S. district court decision the ’903 patent manufactured by or on by the presiding administrative law (Atmel Corp. v. Information Storage behalf of Sanyo and Winbond. judge (ALJ) in the above-captioned Devices, Inc., No. C–95–1987–FMS, investigation. 1998 WL 184274 (N.D. Cal. April 14, The Commission also determined that FOR FURTHER INFORMATION CONTACT: Jean 1998)) was appealed by Atmel to the the public interest factors enumerated in Jackson, Esq., Office of the General Federal Circuit. On December 28, 1999, 19 U.S.C. 1337(d) do not preclude the Counsel, U.S. International Trade the Federal Circuit reversed and issuance of the limited exclusion and Commission, 500 E Street, SW., remanded the case to the district court. that the bond during the Presidential Atmel Corp. v. Information Storage Washington, DC 20436, telephone (202) review period should be set at $0.78 per 205–3104. Hearing-impaired persons are Devices, Inc., 198 F.3d 1374 (Fed. Cir. device. 1999). advised that information on this matter On April 3, 2000, the Commission The authority for the Commission’s can be obtained by contacting the issued an order allowing the parties to determinations is contained in section Commission’s TDD terminal on 202– file main briefs and reply briefs setting 337 of the Tariff Act of 1930, as 205–1810. General information forth their views on intervening amended (19 U.S.C. 1337), and in concerning the Commission may also be developments in the law as they relate sections 210.45–210.51 of the obtained by accessing its Internet server to the remaining issues in investigation Commission’s Rules of Practice and (http://www.usitc.gov). concerning the ’811 patent, the ’829 Procedure (19 CFR 210.45–210.51). SUPPLEMENTARY INFORMATION: The patent, and the ’903 patent (all issues Copies of the Commission order, the Commission instituted this investigation other than inventorship). Commission opinion in support thereof, on May 26, 2000, based on a complaint filed by Medrad, Inc. of Indianola, Having examined the record in this and all other nonconfidential investigation, including the briefs and Pennsylvania. The complaint alleged a documents filed in connection with this the responses thereto, the Commission violation of section 337 of the Tariff Act investigation are or will be available for determined, as noted, that there is a of 1930, 337 U.S.C. 1337, based on violation of section 337. More inspection during official business infringement of U.S. Letters Patent Re. specifically, the Commission found that hours (8:45 a.m. to 5:15 p.m.) in the 36,648, (the ’648 patent) owned by the claims in issue of the ’903 patent are Office of the Secretary, U.S. complainant. The respondents named in valid, enforceable (no incorrect International Trade Commission, 500 E the investigation are Nemoto Kyorindo inventorship), and infringed by the Street, SW, Washington, DC 20436, Co., Ltd. of Tokyo, Japan; Liebel- imports from intervenor SST and telephone 202–205–2000. Hearing- Flarshiem Co. of Cincinnati Ohio; and respondents Sanyo and Winbond (but impaired persons are advised that Mallinckrodt Inc., a New York not respondent Macronix), and found a information on this matter can be corporation based in Hazelwood, Mo. 65 violation of section 337 with regard to obtained by contacting the Fed. Reg. 34231. On September 26, the ’903 patent as to SST, Sanyo, and Commission’s TDD terminal on 202– 2000, the ALJ issued an ID finding the Winbond. As to the ’811 and ’829 205–1810. General information ’648 patent invalid due to certain patents, the Commission found that the concerning the Commission may also be omissions that occurred during patent claims in issue of those patents are valid obtained by accessing its Internet server reissue proceedings at the U.S. Patent and enforceable, but not infringed by (http://www.usitc.gov). and Trademark Office. the imports of intervenor SST or This action is taken under the Issued: October 16, 2000. respondents Sanyo and Winbond authority of section 337 of the Tariff Act (Atmel did not allege that Macronix By order of the Commission. of 1930, 19 U.S.C. 1337, and section infringed the claims in issue of the ’811 Donna R. Koehnke, 210.42(h)(3) of the Commission of or ’829 patents), and thus found no Secretary. Practice and Procedure, 19 C.F.R. violation of section 337 with regard to [FR Doc. 00–27056 Filed 10–19–00; 8:45 am] 210.42(h)(3). the ’811 and ’829 patents. The BILLING CODE 7020±02±P Copies of the nonconfidential version Commission also determined to affirm of the ID and all other nonconfidential

VerDate 112000 17:13 Oct 19, 2000 Jkt 194001 PO 00000 Frm 00045 Fmt 4703 Sfmt 4703 E:\FR\FM\20OCN1.SGM pfrm08 PsN: 20OCN1 Federal Register / Vol. 65, No. 204 / Friday, October 20, 2000 / Notices 63097 documents filed in connection with this obtained by mail from the Department 20044. In requesting a copy, with the investigation are or will be available for of Justice Consent Decree Library, P.O. attachment, please enclose a check in inspection during official business Box 7611, Washington, DC 20044–7611. the amount of $11.75 (25 cents per page hours (8:45 a.m. to 5:15 p.m.) in the In requesting a copy, please enclose a reproduction cost) payable to the Office of the Secretary, U.S. check for reproduction costs (at 25 cents Consent Decree Library. International Trade Commission, 500 E per page) in the amount of $10.25, Bruce S. Gelber, Street SW., Washington, DC 20436, payable to the Consent Decree Library. telephone 202–205–2000. Hearing Deputy Chief, Environmental Enforcement Walker B. Smith, Section, Environment and Natural Resources impaired persons are advised that Deputy Chief, Environmental Enforcement Division. information on this matter can be Section, Environment and Natural Resources [FR Doc. 00–27002 Filed 10–19–00; 8:45 am] obtained by contacting the Commission Division. BILLING CODE 4410±15±M TDD terminal on 202–205–1810. [FR Doc. 00–27008 Filed 10–19–00; 8:45 am] Issued: October 16, 2000. BILLING CODE 4410±15±M By order of the Commission. DEPARTMENT OF JUSTICE Donna R. Koehnke, Notice of Lodging of Consent Decree Secretary. DEPARTMENT OF JUSTICE Pursuant to the Comprehensive [FR Doc. 00–27055 Filed 10–19–00; 8:45 am] Notice of Lodging of Consent Decree Environmental Response, BILLING CODE 7020±02±P Under the Comprehensive Compensation and Liability Act Environmental Response, Compensation, and Liability Act In accordance with Departmental DEPARTMENT OF JUSTICE (``CERCLA'') policy, 28 CFR 50.7, notice is hereby given that two Consent Decrees in Notice of Lodging of Consent Decree In accordance with Departmental United States v. Baureis Realty Co., Inc., Pursuant to Sections 104 and 107 of policy, 28 CFR 50.7, 38 FR 19029, and et al., Civil No. 95–2732 (D.N.J.), were CERCLA 42 U.S.C. 9622(d)(2), notice is hereby lodged on October 6, 2000 with the given that on September 28, 2000, a United States District Court for the Notice is hereby given that on proposed Consent Decree in United District of New Jersey. September 22, 2000, the United States States v. American Cyanamid Company, The complaint in this action seeks to lodged a proposed Consent Decree with et al., Civil Action No. 00–Civ.–6015 recover, pursuant to the Comprehensive the United States District Court for the (LMM), was lodged with the United Environmental Response, Southern District of Texas, in United States District Court for the Southern Compensation, and Liability Act States of America v. Advanced Resin District of New York. The proposed (‘‘CERCLA’’), 42 U.S.C. 9601, et al., Systems, Inc., No. H–99–4357, pursuant consent decree resolves the United response costs incurred and to be to sections 104 and 107 of the States’ claims for past and future costs incurred by EPA at the Caldwell Comprehensive Environmental against John Giannattasio, the principal Trucking Superfund Site located in the Response, Compensation and Liability officer and shareholder of Haul-A-Way Fairfield, New Jersey (‘‘Site’’). Act of 1980, as amended, 42 U.S.C. 9604 and J&G Refuse Company for the Sarney One of the proposed Consent Decrees and 9607. The proposed Consent Decree Farm Superfund Site under Section 107 embodies an agreement with 76 resolves civil claims of the United States of the Comprehensive Environmental potentially responsible parties (‘‘PRPs’’) against twenty-three separate parties in Response, Compensation, and Liability at the Site pursuant to section 107 of connection with the Archem Site, Act (CERCLA), 42 U.S.C. 9607. Under CERCLA, 42 U.S.C. 9607, to pay $2.75 located in Houston, Texas. The settling the terms of the proposed consent million in settlement of claims for EPA’s parties will pay a total of $1,070,000 to decree, the settler will pay $482,000 to past and future response costs at the the United States in reimbursement of the United States as reimbursement for Site. response costs incurred at the Site by the costs the United States incurred or The other proposed Consent Decree the Environmental Protection Agency. will incur at the Sarney Farm Superfund embodies an agreement with eight PRPs The Department of Justice will receive Site. at the Site pursuant to Section 107 of for a period of thirty (30) days from the The Department of Justice will receive CERCLA, 42 U.S.C. 9607, to pay, in date of this publication comments for a period of thirty (30) days from the aggregate, $1.65 million in settlement of relating to the proposed Consent Decree. date of this publication comments claims for EPA’s past and future Comments should be addressed to the relating to the proposed consent decree. response costs at the Site. Assistant Attorney General, Comments should be addressed to the The monies paid by the settling Environment and Natural Resources Assistant Attorney General for the defendants under both decrees will be Division, United States Department of Environment and Natural Resources used to reimburse past costs incurred at Justice, P.O. Box 7611, Ben Franklin Division, Department of Justice, P.O. the Site. Both Consent Decrees provide Station, Washington, DC 20044–7611, Box 7611, Ben Franklin Station, the settling defendants with releases for and should refer to United States of Washington, DC 20044–7611, and civil liability for EPA’s past and future America v. Advanced Resin Systems, should refer to United States v. CERCLA response costs at the Site. Inc., DJ No. 90–11–2–1328/1. American Cyanamid Company, et al., The Department of Justice will The proposed Consent Decree may be D.J. Ref. 90–11–3–854/1. receive, for a period of thirty (30) days examined at the Office of the United The proposed consent decree may be from the date of this publication, States Attorney for the Southern District examined at EPA Region II, Office of the comments relating to the two proposed of Texas, 515 Rusk, Ste. 3300, Houston, Environmental Protection Agency, 290 Consent Decrees. Texas 77002, and the Region VI Office Broadway, New York, New York 10007– Comments should be addressed to the of the United States Environmental 1866. A copy of the consent decree may Assistant Attorney General for the Protection Agency, 1445 Ross Avenue, also be obtained by mail from the Environment and Natural Resources Dallas, Texas, 75202. A copy of the Department of Justice Consent Decree Division, U.S. Department of Justice, proposed Consent Decree may be Library, P.O. Box 7611, Washington, DC P.O. Box 7611, Washington, D.C. 20044–

VerDate 112000 13:06 Oct 19, 2000 Jkt 194001 PO 00000 Frm 00046 Fmt 4703 Sfmt 4703 E:\FR\FM\20OCN1.SGM pfrm04 PsN: 20OCN1 63098 Federal Register / Vol. 65, No. 204 / Friday, October 20, 2000 / Notices

7611, and should refer to United States Resources Division, P.O. Box 7611, U.S. reasonable precautions during the v. Baureis Realty Co., Inc., et al., DOJ Department of Justice, Washington, DC loading and unloading of scrap in the Ref. No. 90–11–3–952D. 20044–7611, and should refer to United scrap yard to prevent fugitive dust from The proposed consent decrees may be States v. Cabot Corp., et al., DOJ Ref. becoming airborne; and (7) examined at the Office of the United #90–11–3–06970. circumvented Prevention of Significant States Attorney, 970 Broad Street, Rm. The proposed consent decree may be Deterioration (‘‘PSD’’) review as 502, Newark, NJ 07102; the Region II examined at the office of the United required by Section 165 of the Clean Air Office of the Environmental Protection States Attorney for the District of New Act, 42 U.S.C. § 7475, and 401 KAR Agency, and at the Region II Records Jersey, 970 Broad Street, Room 502, 51:017. Center, 290 Broadway, 17th Floor, New Newark, New Jersey, 07102 (contact York, NY 10007–1866. Copies of the Assistant United States Attorney Susan The proposed consent decree proposed consent decrees may be Cassell); and the Region II Office of the provides that Gallatin Steel Company obtained by mail from the Consent Environmental Protection Agency, 290 will pay a civil penalty of $925,000 and Decree Library, P.O. Box 7611, Broadway, New York, New York 10007– install a new dust evacuation system in Washington, DC 20044–7611. In 1866 (contact Assistant Regional the melt shop and a new dust requesting copies, please refer to the Counsel, Deborah Schwenk). A copy of suppression system to minimize fugitive referenced case and enclose a check in the proposed consent decree may be dust emissions in the scrap yard. In the amount of $26.00 (25 cents per page obtained by mail from the Consent addition, Gallatin has agreed to reproduction costs), payable to the Decree Library, P.O. Box 7611, supplement its PSD and Title V permit Consent Decree Library. Washington, DC 20044–7611. In applications to include emissions from requesting a copy please refer to the Bruce Gelber, the sources that were not included in referenced case and enclose a check in prior applications. Finally, Gallatin has Chief, Environmental Enforcement Section, the amount of $8.25 (25 cents per page Environment and Natural Resources Division. agreed not to challenge a determination reproduction costs) for the Consent by the KDAQ that emissions from an [FR Doc. 00–27005 Filed 10–19–00; 8:45 am] Decree without Appendices, or in the onsite slag processing plant owned by BILLING CODE 4410±15±M amount of $11.50 for the Consent Decree with all Appendices, payable to the Harsco, an independent company, will Consent Decree Library. be treated as emissions from the steel DEPARTMENT OF JUSTICE mill for PSD and Title V purposes. Bruce S. Gelber, Notice of Lodging of Consent Decree The Department of Justice will Chief, Environmental Enforcement Section, receive, for a period of thirty (30) days Pursuant to the Comprehensive Environment and Natural Resources Division. from the date of this publication, Environmental Response [FR Doc. 00–27007 Filed 10–19–00; 8:45 am] comments relating to the proposed Compensation and Liability Act BILLING CODE 4410±15±M (``CERCLA'') consent decree. Comments should be addressed to the Assistant Attorney Notice is hereby given that a proposed General for the Environment and consent decree in United States v. Cabot DEPARTMENT OF JUSTICE Natural Resources Division, Department Corp., et al, Civ. No. 00–cv–4265 (SMO) Notice of Lodging of Consent Decree of Justice, Washington, DC 20530, and (D.N.J.), was lodged on August 31, 2000 Pursuant to the Clean Air Act with the United States District Court for should refer to U.S. v. Gallatin Steel the District of New Jersey. The Consent In accordance with Departmental Company, DOJ Ref. #90–5–2–1–2115. Decree concerns hazardous waste policy, 28 CFR 50.7, notice is hereby The proposed consent decree may be contamination at the King of Prussia given that a proposed consent decree in examined at the office of the United Superfund Site (the ‘‘Site’’), located on U.S. v. Gallatin Steel Company, Civil States Attorney, for the Eastern District Piney Hollow Road in Winslow No. 99–30 (E.D. Ky.) was lodged on of Kentucky, 110 West Vine Street, Township, New Jersey. The Consent October 5, 2000, with the United States Lexington, Kentucky 40596–3077; and Decree would resolve the liability for District Court for the Eastern District of the Region 4 Office of the reimbursement of past response costs Kentucky. Environmental Protection Agency, 61 incurred by the United States in The consent decree settles claims for Forsyth Street, S.W., Atlanta, Georgia civil penalties and injunctive relief connection with the Site as to Cabot 30303. A copy of the proposed consent against Gallatin Steel Company for Corporation, Carpenter Technology decree may be obtained by mail from Corporation; Ford Motor Company; violations of the Clean Air Act and the Consent Decree Library, P.O. Box Johnson Matthey Inc.; and Rutgers Kentucky’s State Implementation Plan 7611, Washington, DC 20044–7611. In Organics Corporation against whom the (‘‘SIP’’). The United States alleges that United States filed a complaint on Gallatin Steel Company violated the requesting a copy please refer to the behalf of the United States Clean Air Act and the Kentucky SIP referenced case and enclose a check in Environmental Protection Agency because: (1) It exceeded the limits in a the amount of $9.00 (25 cents per page (‘‘EPA’’). The Consent Decree requires permit issued by the Kentucky Division reproduction costs), payable to the the settling defendants to reimburse the of Air Quality (‘‘KDAQ’’) in 1993 for Consent Decree Library. EPA Hazardous Substance Superfund NOX and CO from its electric arc Walker B. Smith, $1,700,000 for its past costs pertaining furnaces (‘‘EAFs’’); (2) violated permit NO emissions limits at its reheat Deputy Chief, Environmental Enforcement to the Site. X Section, Environment and Natural Resources The Department of Justice will furnace; (3) constructed emissions units Division. receive, for a period of thirty (30) days of regulated pollutants without a permit; from the date of this publication, (4) started up EAFs without operating [FR Doc. 00–27003 Filed 10–19–00; 8:45 am] comments relating to the proposed emission control equipment as required BILLING CODE 4410±15±M consent decree. Comments should be by its permit; (5) failed to include addressed to the Assistant Attorney emissions from emissions units in General, Environment and Natural permit applications; (6) failed to use

VerDate 112000 13:06 Oct 19, 2000 Jkt 194001 PO 00000 Frm 00047 Fmt 4703 Sfmt 4703 E:\FR\FM\20OCN1.SGM pfrm04 PsN: 20OCN1 Federal Register / Vol. 65, No. 204 / Friday, October 20, 2000 / Notices 63099

DEPARTMENT OF JUSTICE Broadway, New York, New York, Washington, DC 20530, and should refer 10007–1866 (contact Assistant Regional to United States v. Maryland Aviation Notice of Lodging of Consent Decree Counsel Muthu S. Sundram). A copy of Administration, a Unit of the Maryland Pursuant to the Comprehensive the proposed consent decree may be DOT, DOT Ref. No. 90–5–1–1–4543. The Environmental Response obtained by mail from the Consent proposed Consent Decree may be Compensation and Liability Act Decree Library, P.O. Box 7611, examined at the office of the United (``CERCLA'') Washington, D.C. 20044–7611. In States Attorney, District of Maryland, Consistent with Department policy, requesting a copy please refer to the 604 United States Courthouse, 101 West 28 CFR 50.7, and under section 122(d) referenced case and enclose a check in Lombard Street, Baltimore, MD 21201. the amount of $14.50 (25 cents per page Copies of the consent decree may also of CERCLA, 42 U.S.C. 9622(d), notice is reproduction costs) for the Consent be examined at the offices of the hereby given that a proposed consent Decree without Appendices, or in the Environmental Protection Agency, decree in United States v. Livingston, et amount of $45.75 for the Consent Decree Region III, 1650 Arch Street, al., Civ. No. 97–4770 (WGB), was lodged with all Appendices, payable to the Philadelphia, Pennsylvania 19103. A on October 3, 2000 with the United Consent Decree Library. copy of the Consent Decree may also be States District Court for the District of obtained by mail from the Department New Jersey. The Consent Decree Bruce S. Gelber, of Justice Consent Decree Library, P.O. concerns hazardous waste Chief, Environmental Enforcement Section, Box 7611, Washington, DC 20044. When contamination at the Brook Industrial Environment and Natural Resources Division. requesting a copy by mail, please Park Superfund Site (the ‘‘Site’’), [FR Doc. 00–27004 Filed 10–19–00; 8:45 am] enclose a check in the amount of $10.75 located in Bound Brook, Somerset BILLING CODE 4410±15±M (twenty-five cents per page reproduction County, New Jersey. The Consent costs), payable to the ‘‘Consent Decree Decree would resolve the liability for Library.‘‘ reimbursement of response costs DEPARTMENT OF JUSTICE incurred and to be incurred by the Bruce Gelber, United States in connection with the Notice of Lodging of Consent Decree Chief, Environmental Enforcement Section, Site as to three defendants against Pursuant to the Clean Water Act Environment and Natural Resources Division. whom the United States filed a In accordance with Departmental [FR Doc. 00–27006 Filed 10–19–00; 8:45 am] complaint on behalf of the United States policy and 28 CFR 50.7, notice is hereby BILLING CODE 4410±15±M Environmental Protection Agency given that on October 4, 2000, a consent (‘‘EPA’’), and as to the United States Air decree was lodged in United States v. Force (‘‘Air Force’’), against whom Maryland Aviation Administration, a DEPARTMENT OF JUSTICE counterclaims were filed. The Consent Unit of the Maryland DOT, Civil Action Decree requires National Metal Notice of Lodging of Consent Decree No. WMN–00–2992, with the United Pursuant to the Clean Air Act, the Finishings Corporation, Inc. to States District Court for the District of reimburse the EPA Hazardous Clean Water Act, the Comprehensive Maryland. Environmental Response, Substance Superfund $313,000.00; This consent decree resolves alleged Compensation and Liability Act, and requires the Air Force to reimburse the violations of Clean Water Act section the Emergency Planning and EPA Hazardous Substance Superfund 309, 33 U.S.C. 1319, against the Community Right-to-Know Act $1,615.485.83; and requires Jame Fine Maryland Aviation Administration, a Chemicals, Inc. and the Estate of Unit of the Maryland Department of Consistent with Departmental policy, Richard Schleck to perform remedial Transportation, which is an Agency of 28 CFR 50.7, notice is hereby given that work at the Site with an estimated cost the State of Maryland, for discharges in a proposed Consent Decree in United of $1.9 million and to pay specified EPA excess of permitted effluent limits and States v. Mobil Oil Corporation, Civil oversight costs in connection with the failure to meet requirements set forth in Action No. 0010454 was lodged with remedial work. MAA’s National Pollutant Discharge the United States District Court for the The Department of Justice will Elimination System permit for its Central District of California on receive, for a period of thirty (30) days facility at the Baltimore Washington September 28, 2000. On the same day, from the date of this publication, International Airport in Glen Burnie, the United States filed a Complaint comments relating to the proposed Anne Arundel County, Maryland. pursuant to section 113(b) of the Clean consent decree. Comments should be Components of the settlement Air Act, section 309(b) of the Clean addressed to the Assistant Attorney agreement include: (1) Injunctive Water Act, section 109(c) of the General, Environment and Natural provisions designed to reduce the Comprehensive Environmental Resources Division, P.O. Box 7611, U.S. amount of deicing fluid discharged; (2) Response, Compensation, and Liability Department of Justice, Washington, D.C. a penalty payment of $50,000; (3) a Act of 1980, as amended, and section 20044–7611, and should refer to United Supplemental Environmental Project to 325(b) of Emergency Planning and States v. Livingston, et al., DOJ Ref. #90– perform a fish study valued at $90,000; Community Right-to-Know Act against 11–2–1287. Commenters may request an and (4) a payment of $50,000 to the Mobil, alleging a variety of violations of opportunity for a public meeting in the citizen plaintiffs for their attorneys fees federal environmental law at Mobil’s affected area, in accordance with section and costs associated with the related Torrance, California refinery. The 703(d) of RCRA, 42 U.S.C. 6973(d). civil action: WMN–98–784. violations included improper laboratory The proposed consent decree may be The Department of Justice will receive practices, exceedences of the limits of examined at the Office of the United comments relating to the proposed its National Pollution Discharge States Attorney for the District of New consent decree for a period of thirty Elimination System Permit, failure to Jersey, 970 Broad Street, Newark, New days from the date of publication of this conduct inspections of refinery Jersey 01102 (contact Assistant United notice. Comments should be addressed equipment and failure to timely report States Attorney Susan C. Cassell); and to the Assistant Attorney General, releases of hazardous substances into the Region II Office of the Environment and Natural Resources the environment. The proposed Consent Environmental Protection Agency, 290 Division, Department of Justice, Decree, which settles the liability of

VerDate 112000 13:06 Oct 19, 2000 Jkt 194001 PO 00000 Frm 00048 Fmt 4703 Sfmt 4703 E:\FR\FM\20OCN1.SGM pfrm04 PsN: 20OCN1 63100 Federal Register / Vol. 65, No. 204 / Friday, October 20, 2000 / Notices

Mobil for the violations alleged in the be prevailing for the described classes of Any person, organization, or Complaint, provides that Mobile will laborers and mechanics employed on governmental agency having an interest undertake extensive injunctive relief, construction projects of a similar in the rates determined as prevailing is pay a civil penalty of $500,000 and character and in the localities specified encouraged to submit wage rate and perform two Supplemental therein. fringe benefit information for Environmental Projects valued at $1 The determinations in these decisions consideration by the Department. million. One SEP involves the purchase of prevailing rates and fringe benefits Further information and self- of emergency response equipment for have been made in accordance with 29 explanatory forms for the purpose of use by the local fire department. The CFR part 1, by authority of the Secretary submitting this data may be obtained by second SEP involves studying and of Labor pursuant to the provisions of writing to the U.S. Department of Labor, implementing water conservation the Davis-Bacon Act of March 3, 1931, Employment Standards Administration, projects at the refinery. as amended (46 Stat. 1494, as amended, Wage and Hour Division, Division of The Department of Justice will 40 U.S.C. 276a) and of other Federal Wage Determinations, 200 Constitution receive, for a period of thirty (30) days statutes referred to in 29 CFR part 1, Avenue, NW., Room S–3014, from the date of this publication, appendix, as well as such additional Washington, DC 20210. comments relating to the proposed statutes as may from time to time be Consent Decree. Comments should be Modifications to General Wage enacted containing provisions for the Determination Decisions addressed to the Assistant Attorney payment of wages determined to be General for the Environment and prevailing by the Secretary of Labor in The number of decisions listed in the Natural Resources Division, U.S. accordance with the Davis-Bacon Act. Government Printing Office document Department of Justice, Box 7611, The prevailing rates and fringe benefits entitled ‘‘General Wage Determinations Washington, DC 20044, and refer to determined in these decisions shall, in Issued Under the Davis-Bacon and United States v. Mobil Oil Corporation, accordance with the provisions of the Related Acts’’ being modified are listed DOJ Ref. #90–5–2–1–2121. foregoing statutes, constitute the by Volume and State. Dates of The proposed settlement agreement minimum wages payable on Federal and publication in the Federal Register are may be examined at the Office of the federally assisted construction projects in parentheses following the decisions United States Attorney, Federal to laborers and mechanics of the being modified. Building, 300 North Los Angeles Street, specified classes engaged on contract Los Angeles, California 90012 and at the Volume I work of the character and in the Office of the Environmental Protection None localities described therein. Agency, Region 9, 75 Hawthorne Street, Volume II San Francisco, CA 94105. A copy of the Good cause is hereby found for not utilizing notice and public comment Pennsylvania proposed Consent Decree may also be PA000006 (Feb. 11, 2000) obtained by mail from the Department procedure thereon prior to the issuance of Justice Consent Decree Library, Box of these determinations as prescribed in Volume III 7611, Washington, DC 20044. In 5 U.S.C. 553 and not providing for delay Florida requesting a copy, please refer to the in the effective date as prescribed in that FL000032 (Feb. 11, 2000) referenced case and enclose a check in section, because the necessity to issue Kentucky the amount of $13.25 (Consent Decree current construction industry wage KY000002 (Feb. 11, 2000) determinations frequently and in large KY000007 (Feb. 11, 2000) only) or $43.75 (Consent Decree with KY000026 (Feb. 11, 2000) Appendices) (25 cents per page volume causes procedures to be impractical and contrary to the public KY000027 (Feb. 11, 2000) reproduction costs), payable to the KY000029 (Feb. 11, 2000) Consent Decree Library. interest. Mississippi General wage determination MS000003 (Feb. 11, 2000) Bruce Gelber, decisions, and modifications and Chief, Environmental Enforcement Section, supersedes decisions thereto, contain no Volume IV Environment and Natural Resources Division. expiration dates and are effective from Michigan [FR Doc. 00–27001 Filed 10–19–00; 8:45 am] their date of notice in the Federal MI000060 (Feb. 11, 2000) BILLING CODE 4410±15±M Register, or on the date written notice MI000062 (Feb. 11, 2000) MI000063 (Feb. 11, 2000) is received by the agency, whichever is MI000064 (Feb. 11, 2000) earlier. These decisions are to be used MI000066 (Feb. 11, 2000) DEPARTMENT OF LABOR in accordance with the provisions of 29 MI000067 (Feb. 11, 2000) CFR parts 1 and 5. Accordingly, the MI000068 (Feb. 11, 2000) Employment Standards applicable decision, together with any MI000069 (Feb. 11, 2000) Administration, Wage and Hour modifications issued, must be made a MI000070 (Feb. 11, 2000) Division part of every contract for performance of MI000071 (Feb. 11, 2000) the described work within the MI000072 (Feb. 11, 2000) Minimum Wage for Federal and MI000073 (Feb. 11, 2000) geographic area indicated as required by Federally Assisted Construction; MI000074 (Feb. 11, 2000) General Wage Determination Decisions an applicable Federal prevailing wage MI000075 (Feb. 11, 2000) law and 29 CFR part 5. The wage rates Ohio General wage determination decisions and fringe benefits, notice of which is OH000003 (Feb. 11, 2000) of the Secretary of Labor are issued in published herein, and which are OH000023 (Feb. 11, 2000) accordance with applicable law and are contained in the Government Printing OH000028 (Feb. 11, 2000) based on the information obtained by Office (GPO) document entitled OH000029 (Feb. 11, 2000) the Department of Labor from its study ‘‘General Wage Determinations Issued Volume V of local wage conditions and data made Under The Davis-Bacon And Related None available from other sources. They Acts,’’ shall be the minimum paid by specify the basic hourly wage rates and contractors and subcontractors to Volume VI fringe benefits which are determined to laborers and mechanics. Idaho

VerDate 112000 13:06 Oct 19, 2000 Jkt 194001 PO 00000 Frm 00049 Fmt 4703 Sfmt 4703 E:\FR\FM\20OCN1.SGM pfrm04 PsN: 20OCN1 Federal Register / Vol. 65, No. 204 / Friday, October 20, 2000 / Notices 63101

ID000001 (Feb. 11, 2000) NATIONAL AERONAUTICS AND interested parties at the Permit Office, ID000002 (Feb. 11, 2000) SPACE ADMINISTRATION address below. ID000003 (Feb. 11, 2000) ADDRESSES: Comments should be Oregon [Notice (00±128)] OR000001 (Feb. 11, 2000) addressed to Permit Office, Room 755, Office of Polar Programs, National OR000004 (Feb. 11, 2000) Notice of Prospective Patent License OR000017 (Feb. 11, 2000) Science Foundation, 4201 Wilson Washington AGENCY: National Aeronautics and Boulevard, Arlington, Virginia 22230. WA000001 (Feb. 11, 2000) Space Administration. FOR FURTHER INFORMATION CONTACT: WA000002 (Feb. 11, 2000) ACTION: Notice of Prospective Patent Nadene G. Kennedy at the above WA000005 (Feb. 11, 2000) License. address or (703) 292–7405. WA000007 (Feb. 11, 2000) SUPPLEMENTARY INFORMATION: The Volume VII SUMMARY: NASA hereby gives notice National Science Foundation, as that Cyrospace Technologies, of California directed by the Antarctic Conservation CA000001 (Feb. 11, 2000) Houston, Texas has applied for an Act of 1978 (Pub. L. 95–541), has CA000002 (Feb. 11, 2000) exclusive license to practice the developed regulations that implement CA000028 (Feb. 11, 2000) inventions disclosed in U.S. Patent Nos. the ‘‘Agreed Measures for the CA000031 (Feb. 11, 2000) 5,651,079 and 5,963,683 both entitled Conservation of Antarctic Fauna and CA000032 (Feb. 11, 2000) ‘‘Photonic Switching Devices Using Flora’’ for all United States citizens. The CA000033 (Feb. 11, 2000) Light Bullets’’ which are assigned to the Agreed Measures, developed by the CA000034 (Feb. 11, 2000) United States of America as represented Antarctic Treaty Consultative Parties, CA000035 (Feb. 11, 2000) by the Administrator of the National recommended establishment of a permit CA000036 (Feb. 11, 2000) Aeronautics and Space Administration. CA000037 (Feb. 11, 2000) system for various activities in Written objections to the prospective Antarctica and designation of certain CA000038 (Feb. 11, 2000) grant of a license should be sent to CA000039 (Feb. 11, 2000) animals and certain geographic areas CA000040 (Feb. 11, 2000) Ames Research Center. requiring special protection. The DATES: Response to this notice must be regulations establish such a permit General Wage Determination Publication received on or before December 19, system to designate Specially Protected General wage determinations issued under 2000. Areas and Sites of Special Scientific the Davis-Bacon and related Acts, including Interest. those noted above, may be found in the FOR FURTHER INFORMATION CONTACT: Rob Padilla, Patent Counsel, NASA Ames The applications received are as Government Printing Office (GPO) document follows: entitled ‘‘General Wage Determinations Research Center, Mail Stop 202A–3, Issued Under The Davis-Bacon and Related Moffett Field, CA 94035–1000, 1. Applicant Acts.’’ This publication is available at each telephone (650) 604–5104. of the 50 Regional Government Depository Colin M. Harris, Director, Dated: October 13, 2000. Libraries and many of the 1,400 Government Environmental Research And Depository Libraries across the country. Edward A. Frankle, Assessment, British Antarctic Survey, The general wage determinations issued General Counsel. Madingley Road, High Cross, Cambridge under the Davis-Bacon and related Acts are [FR Doc. 00–26977 Filed 10–19–00; 8:45 am] CB3 OET, United Kingdom available electronically by subscription to the BILLING CODE 7510±01±P FedWorld Bulletin Board System of the [Permit application No. 2001–023] National Technical Information Service Activity for Which Permit is (NTIS) of the U.S. Department of Commerce NATIONAL SCIENCE FOUNDATION Requested: Take and Enter Antarctic at 1–800–363–2068 Specially Protected Areas. The Hard-copy subscriptions may be purchased applicant is undertaking a project, from: Notice of Permit Applications Received Under the Antarctic Conservation Act supported by the National Antarctic Superintendent of Documents, U.S. of 1978 (Pub. L. 95±541) Programs of the U.S. and U.K., to revise Government Printing Office, Washington, the Management Plans of several DC 20402, (202) 512–1800 AGENCY: National Science Foundation. Antarctic Specially Protected Areas. The When ordering hard-copy ACTION: Notice of permit applications applicant will access these sites to: subscription(s), be sure to specify the received under the Antarctic verify, describe and map features of the State(s) of interest, since subscriptions Conservation Act of 1978, Public Law areas; conduct an on-site assessment of may be ordered for any or all of the 95–541. the features under protection; describe scientific work conducted at the site; seven separate volumes, arranged by SUMMARY: The National Science State. Subscriptions include an annual assess whether the area continues to Foundation (NSF) is required to publish serve the purpose for which it was edition (issued in January or February) notice of permit applications received to which includes all current general wage designated; identify and map, using conduct activities regulated under the GPS, the protected area boundaries; and, determinations for the States covered by Antarctic Conservation Act of 1978. each volume. Throughout the remainder define designated photo points for NSF has published regulations under covering the most import features of the of the year, regular weekly updates are the Antarctic Conservation Act at Title distributed to subscribers. site. In addition, the applicant will 45 Part 670 of the Code of Federal collect plant and soil samples from Signed at Washington, DC This 12th Day Regulations. This is the required notice within the sites for later analysis to of October 2000. of permit applications received. determine identity of the soil’s Carl J. Poleskey, DATES: Interested parties are invited to vegetation and invertebrates. Chief, Branch of Construction Wage submit written data, comments, or Location: ASPA 107—Dion Islands, Determinations. views with respect to this permit Marguerite Bay, ASPA 108—Green [FR Doc. 00–26715 Filed 10–19–00; 8:45 am] application by November 17, 2000. Island, Berthelot Islands, ASPA 113— BILLING CODE 4510±27±M Permit applications may be inspected by Litchfield Island, Arthur Harbor, Palmer

VerDate 112000 13:06 Oct 19, 2000 Jkt 194001 PO 00000 Frm 00050 Fmt 4703 Sfmt 4703 E:\FR\FM\20OCN1.SGM pfrm04 PsN: 20OCN1 63102 Federal Register / Vol. 65, No. 204 / Friday, October 20, 2000 / Notices

Archipelago, ASPA 115—Lagotellerie Special Projects Programs as part of the NATIONAL SCIENCE FOUNDATION Island, Marguerite Bay, ASPA 117— selection process for awards. Avian Island, Marguerite Bay, ASPA Purpose of Meetings: To provide advice Advisory Committee for Biological 126—Byers Peninsula, Livingston and recommendations concerning proposals Sciences; Notice of Meeting submitted to NSF for financial support. Island, ASPA 139—Biscoe Point, Anvers In accordance with the Federal Island, Palmer Archipelago, ASPA Reason for Closing: The proposals being reviewed include information of a Advisory Committee Act (Pub. L. 92– 147—Ablation Point-Ganymede Heights, 463, as amended), the National Science Alexander Island, ASPA 148—Mount proprietary or confidential nature, including technical information; financial data, such as Foundation announces the following Flora, Hope Bay, Antarctic Peninsula, salaries; and personal information meeting: ASPA 149—Cape Shireff, Livingston concerning individuals associated with the Name: Advisory Committee for Biological Island, South Shetlands, ASPA 153— proposals. East Dallmann Bay, off Brabant Island. Sciences (BIO) (1110). These matters are exempt under 5 U.S.C. Date and Time: Dates: January 1, 2001 to March 31, 2001. 552b(c), (4) and (6) of the Government in the November 16, 2000; 8:30 a.m.–5 p.m. Nadene G. Kennedy, Sunshine Act. November 17, 2000; 8:30 a.m.–3 p.m. Permit Officer, Office of Polar Programs. Dated: October 16, 2000. Place: National Science Foundation, 4201 [FR Doc. 00–27074 Filed 10–19–00; 8:45 am] Karen J. York, Wilson Blvd., Room 1235, Arlington, VA. Type of Meeting: Open. BILLING CODE 7555±01±M Committee Management Officer. Contact Person: Dr. Mary E. Clutter, [FR Doc. 00–26983 Filed 10–19–00; 8:45 am] Assistant Director, Biological Sciences, Room BILLING CODE 7555±01±M 605, National Science Foundation, 4201 NATIONAL SCIENCE FOUNDATION Wilson Blvd., Arlington, VA 22230. Telephone: (703) 292–8400. Special Emphasis Panel in Advanced NATIONAL SCIENCE FOUNDATION Minutes: May be obtained from the contact Networking and Infrastructure person listed above. Research; Notice of Meetings Purpose of Meeting: The Advisory Special Emphasis Panel in Committee for BIO provides advice, Bioengineering and Environmental In accordance with the Federal recommendations, and oversight concerning Systems; Notice of Meeting Advisory Committee Act (Pub. L. 92– major program emphases, directions, and goals for the research-related activities of the 463, as amended), the National Science In accordance with the Federal divisions that make up BIO. Foundation announces the following Advisory Committee Act (Pub. L. 92– Agenda: GPRA Performance Evaluation meetings of the Special Emphasis Panel 463, as amended), the National Science and Planning Discussion. in Advanced Networking and Foundation announces the following Dated: October 16, 2000. Infrastructure (1207): meeting. Karen J. York, 1. Date/Time: November 7, 2000; 8:00 AM– Name: Special Emphasis Panel in Committee Management Officer. 5:00 PM. [FR Doc. 00–26981 Filed 10–19–00; 8:45 am] Place: Room 220, National Science Bioengineering and Environmental Systems Foundation, 4201 Wilson Blvd., Arlington, (1189). BILLING CODE 7555±01±M VA. Date and Time: November 8, 2000, 8 a.m.– 5 p.m. 2. Date/Time: November 13–14, 2000; 8:00 National Science Foundation, 4201 Wilson AM–5:00 PM. NATIONAL SCIENCE FOUNDATION Boulevard, Room 380, Arlington, VA. Place: Room 1120, National Science Special Emphasis Panel in Chemical Foundation, 4201 Wilson Blvd., Arlington, Type of Meeting: Closed. VA. Contact Person: A. Frederick Thompson and Transport Systems; Notice of and Nicholas L. Clesceri, Program Directors, Meeting 3. Date/Time: November 15, 2000; 8:00 Division of Bioengineering and AM–5:00 PM. Environmental Systems, National Science In accordance with the Federal Place: Room 1120, National Science Foundation; 4201 Wilson Boulevard, Advisory Committee Act (Pub. L. 92– Foundation, 4201 Wilson Blvd., Arlington, 463, as amended), the National Science VA. Arlington, Virginia 22230; Telephone: (703) 292–8320. Foundation announces the following 4. Date/Time: November 21, 2000; 8:00 Purpose of Meeting: To provide advice and meeting: AM–5:00 PM. recommendations concerning proposals Place: Room 1175, National Science Name: Special Emphasis Panel in Foundation, 4201 Wilson Blvd., Arlington, submitted to NSF for financial support. Chemical and Transport Systems (1190). VA. Agenda: To review and evaluate Date and Time: November 20, 2000; 8:30 Environmental Engineering 2001 CAREER 5. Date/Time: December 4–5, 2000; 8:00 a.m. to 5 p.m. Proposals as part of the selection process for AM–5:00 PM. Place: 4201 Wilson Boulevard, Room 530, awards. Place: Room 1150, National Science Arlington, VA 22230. Foundation, 4201 Wilson Blvd., Arlington, Reason for Closing: The proposals being Type of Meeting: Closed. VA. reviewed include information of a Contact Person: Dr. Stefan T. Thynell, proprietary or confidential nature, including Program Director, Thermal Transport & 6. Date/Time: December 6, 2000; 8:00 AM– technical information; financial data, such as Thermal Processing, Division of Chemical & 5:00 PM. salaries; and personal information Transport Systems, 4201 Wilson Boulevard, Place: Room 220, National Science concerning individuals associated with the Room 525, Arlington, VA 22230. (703) 292– Foundation, 4201 Wilson Blvd., Arlington, 8371. VA. proposals. These matters are exempt under 5 U.S.C. 552b(c), (4) and (6) of the Government Purpose of Meeting: To provide advice and Type of Meetings: Closed. in the Sunshine Act. recommendations concerning proposals Contact Person: Karen Sollins, Division of submitted to NSF for financial support. Advanced Networking Infrastructure Dated: October 16, 2000. Agenda: To review and evaluate Research, Room 1175, National Science Karen J. York, nominations for the FY 2000 Career Panel of Foundation, 4201 Wilson Blvd., Arlington, proposals as part of the selection process for Committee Management Officer. VA 22230. Telephone (703) 292–8950. awards. Agenda: To review and evaluate proposals [FR Doc. 00–26979 Filed 10–19–00; 8:45 am] Reason for Closing: The proposals being submitted to the Networking Research and BILLING CODE 7555±01±M reviewed include information of a

VerDate 112000 13:06 Oct 19, 2000 Jkt 194001 PO 00000 Frm 00051 Fmt 4703 Sfmt 4703 E:\FR\FM\20OCN1.SGM pfrm04 PsN: 20OCN1 Federal Register / Vol. 65, No. 204 / Friday, October 20, 2000 / Notices 63103 proprietary or confidential nature, including Panel as part of the selection process for Agenda: To review and evaluate Computer technical information; financial data, such as awards. Systems Architecture CAREER proposals as a salaries and personal information concerning part of the selection process for awards. individuals associated with the proposals. TYPE OF MEETINGS: Closed. Purpose of Meetings: Provide advice and These matters are exempt under 5 U.S.C. PURPOSE OF MEETINGS: To provide recommendations concerning proposals 552b(c), (4) and (6) of the Government in the advice and recommendations submitted to NSF for financial support. Sunshine Act. concerning proposals submitted to NSF Type of Meetings: Closed. Dated: October 16, 2000. for financial support. Reason for Closing: The proposals being Karen J. York, REASON FOR CLOSING: The proposals reviewed include information of a Committee Management Officer. being reviewed include information of a proprietary or confidential nature, including [FR Doc. 00–26982 Filed 10–19–00; 8:45 am] proprietary or confidential nature, technical information, financial data, such as including technical information; BILLING CODE 7555±01±M salaries, and personal information financial data, such as salaries and concerning individuals associated with the personal information concerning proposals. These matters are exempt under 5 NATIONAL SCIENCE FOUNDATION individuals associated with the U.S.C. 552b(c), (4) and (6) of the Government proposals. These matters are exempt in the Sunshine Act. Special Emphasis Panel in Civil and under 5 U.S.C. 552b(c), (4) and (6) of the Dated: October 16, 2000. Mechanical Systems; Notice of Government in the Sunshine Act. Karen J. York, Meeting Dated: October 16, 2000. Committee Management Officer. In accordance with the Federal Karen J. York, [FR Doc. 00–26980 Filed 10–19–00; 8:45 am] Committee Management Officer. Advisory Committee Act (Pub. L. 92– BILLING CODE 7555±01±M 463, as amended), the National Science [FR Doc. 00–26978 Filed 10–19–00; 8:45 am] Foundation announces the following BILLING CODE 7555±01±M meetings of the Special Emphasis Panel NATIONAL SCIENCE FOUNDATION in Civil and Mechanical Systems (1205): NATIONAL SCIENCE FOUNDATION Date and Time: November 13–14, 2000, 8 Special Emphasis Panel in Human Resource Development; Notice of a.m. to 5 p.m. Special Emphasis Panel in Computing- Place: 4201 Wilson Boulevard, Room 470, Meeting Arlington, VA. Communications Research; Notice of Contact Person: Dr. Thomas Anderson, Meeting In accordance with the Federal Program Director Network for Engineering In accordance with the Federal Advisory Committee Act (Pub. L. 92– Simulation, Division of Civil and Mechanical Advisory Committee Act (Pub. L. 92– 463, as amended), the National Science Systems, National Science Foundation, 4201 Foundation announces the following Wilson Boulevard, Room 545, Arlington, VA 463, as amended), the National Science 22230. Telephone: (703) 292–8360. Foundation announces the following meeting. Agenda: To review and evaluate meetings of the Special Emphasis Panel Name: Special Emphasis Panel in Human nominations for the FY’01 NEES Equipment in Computing-Communications Resource Development (#1199). Portfolio Construction and Management Research (1192): Date and Time: October 24, 2000: 10:00 Team Review Panel as part of the selection Date/Time: October 28–29, 2000; 8 a.m.–5 a.m. to 5:00 p.m.; October 25, 2000: 8:30 a.m. process for awards. p.m. to 5:00 p.m. Date and Time: November 20–21, 2000, 8 Place: The Asilomar Conference Grounds, Place: Hilton Arlington and Towers, 950 a.m. to 5 p.m. 800 Asilomar Boulevard, Pacific Grove, CA. North Stafford Street, Arlington, VA 22203. Place: 4201 Wilson Boulevard, Room 380, Contact Person: John Cozzens, Program Type of Meeting: Closed. Arlington, VA. Director, Signal Processing System (SPS), Contact Person: Dr. Larry S. Scadden, Contact Person: Dr. Miriam Heller, CISE/CCR, Room 1145, National Science Program Directors, Human Resource Program Director, Information Technology Foundation, 4201 Wilson Boulevard, Development Division, Room 815, National and Infrastructure Systems, Division of Civil Arlington, Virginia 22230; (703) 292–8912. Science Foundation, 4201 Wilson Boulevard, and Mechanical Systems, National Science Agenda: To review and evaluate SPS Foundation, 4201 Wilson Boulevard, Room CAREER proposals as a part of the selection Arlington, VA 22230, Telephone: (703) 292– 545, Arlington, VA 22230. Telephone: (703) process for awards. 8636. 292–8360. Date/Time: November 8–10, 2000; 8 a.m.– Purpose of Meeting: To provide advice and Agenda: To review and evaluate 5 p.m. recommendations concerning proposals nominations for the FY’00 Mechanics and Place: National Science Foundation, 4201 submitted to NSF for financial support. Structures of Materials and Surface Wilson Blvd, Room 1120, Arlington, VA. Agenda: To review and evaluate formal Engineering and Material Design Review Contact Person: Wm. Randolph Franklin, proposals submitted to the Program for Panel as part of the selection process for Program Director, Numeric, Symbolic & Persons with Disabilities. awards. Geometric Computation, Room 1145, Reason for Closing: The proposals being Date and Time: December 14–15, 2000, 8 National Science Foundation, 4201 Wilson reviewed include information of a a.m. to 5 p.m. Boulevard, Arlington, Virginia 22230; (703) proprietary or confidential nature, including Place: 4201 Wilson Boulevard, Room 380, 292–1912. technical information; financial data, such as Arlington, VA. Agenda: To review and evaluate NSG salaries; and personal information Contact Person: Dr. Miriam Heller, CAREER proposals as a part of the selection concerning individuals associated with the process for awards. Program Director, Information Technology proposals. These matters are exempt under 5 and Infrastructure Systems, Division of Civil Date/Time: November 29–30, 2000; 8 a.m.– U.S.C. 552b(c), (4) and (6) of the Government and Mechanical Systems, National Science 6 p.m. in the Sunshine Act. Foundation, 4201 Wilson Boulevard, Room Place: National Science Foundation, 4201 545, Arlington, VA 22230. Telephone: (703) Wilson Blvd, Room 1150, Arlington, VA. Dated: October 16, 2000. 292–8360. Contact Person: Yavuz Oruc, Program Karen J. York, Agenda: To review and evaluate Director, Computer Systems Architecture, Committee Management Officer. nominations for the FY’00 Mechanics and Room 1145, National Science Foundation, Structures of Materials and Surface 4201 Wilson Boulevard, Arlington, Virginia [FR Doc. 00–26984 Filed 10–19–00; 8:45 am] Engineering and Material Design Review 22230; (703) 292–8936. BILLING CODE 7555±01±M

VerDate 112000 17:13 Oct 19, 2000 Jkt 194001 PO 00000 Frm 00052 Fmt 4703 Sfmt 4703 E:\FR\FM\20OCN1.SGM pfrm08 PsN: 20OCN1 63104 Federal Register / Vol. 65, No. 204 / Friday, October 20, 2000 / Notices

NATIONAL SCIENCE FOUNDATION ACTION: Notice of meeting. 1:30 P.M.–2:30 P.M.: Proposed Framework for Risk-Informed Changes Advisory Panel for Methods, Cross- SUMMARY: The Compact Commission to the Technical Requirements of 10 Directorate and Science and Society; will hold its regular monthly meeting to CFR Part 50 (Open)—The Committee Notice of Meeting consider matters relating to will hear presentations by and hold administration and enforcement of the discussions with representatives of the In accordance with the Federal price regulation, including the reports Advisory Committee Act (Pub. L. 92– NRC staff regarding the proposed NRC and recommendations of the framework for risk-informed changes to 463, as amended), the National Science Commission’s standing Committees. Foundation (NSF) announces the the technical requirements of 10 CFR DATES: The meeting will begin at 10:00 Part 50 described in SECY–00–0198, following meetings of the Advisory a.m. on Wednesday, November 1, 2000. Panel for Methods, Cross-Directorate Attachment 1. 2:30 P.M.–4:30 P.M.: Differing and Science and Society (1760): ADDRESSES: The meeting will be held at Date/Time: December 4–5, 2000, 8 the Centennial Inn, Armenia White Professional Opinion (DPO) on Steam a.m.–5 p.m. Room, 96 Pleasant Street, Concord, New Generator Tube Integrity (Open)—The Place: National Science Foundation, Hampshire. Committee will hear a report by the Ad 4201 Wilson Blvd., Room 920, FOR FURTHER INFORMATION CONTACT: Hoc Subcommittee Chairman regarding Arlington, VA. Daniel Smith, Executive Director, the outcome of the October 10–14, 2000 Contact Person: Bonney H. Sheahan, Northeast Dairy Compact Commission, subcommittee meeting and hold Program Director for Cross Directorate 34 Barre Street, Suite 2, Montpelier, VT discussions with the DPO author and Programs; National Science Foundation, 05602. Telephone (802) 229–1941. representatives of the NRC staff, as needed, on additional information 4201 Wilson Boulevard, Arlington, VA Authority: 7 U.S.C. 7256. 22230. Telephone: (703) 292–8763. related to DPO issues. Agenda: To review and evaluate REU Dated: October 16, 2000. 4:30 P.M.–5:30 P.M.: Break and proposals as part of the selection Daniel Smith, Preparation of Draft ACRS Reports process for awards. Executive Director. (Open)—Cognizant ACRS members will Date/Time: December 13–15, 2000; 8 [FR Doc. 00–26973 Filed 10–19–00; 8:45 am] prepare draft reports, as needed, for a.m.–5 p.m. BILLING CODE 1650±01±M consideration by the full Committee. Place: National Science Foundation, 5:30 P.M.–7:00 P.M.: Discussion of 4201 Wilson Blvd., Rm. 365/920, Proposed ACRS Reports (Open)—The Committee will discuss proposed ACRS Arlington, VA. NUCLEAR REGULATORY reports on matters considered during Contact Person: Paul Chapin, Program COMMISSION Director for Cross Directorate Programs; this meeting. National Science Foundation, 4201 Advisory Committee on Reactor Friday, November 3, 2000 Wilson Boulevard, Arlington, VA 22230. Safeguards; Meeting Notice Telephone: (703) 292–1733. 8:30 A.M.–8:35 A.M.: Opening Agenda: To review and evaluate In accordance with the purposes of Remarks by the ACRS Chairman Infrastructure proposals as part of the sections 29 and 182b. of the Atomic (Open)—The ACRS Chairman will make selection process for awards. Energy Act (42 U.S.C. 2039, 2232b), the opening remarks regarding the conduct Advisory Committee on Reactor of the meeting. TYPE OF MEETINGS: Closed. Safeguards will hold a meeting on 8:35 A.M.–10:30 A.M.: Performance- PURPOSE OF MEETINGS: To provide November 2–4, 2000, in Conference Based, Risk-Informed Fire Protection advice and recommendations Room T–2B3, 11545 Rockville Pike, Standard for LWRs and Related Issues concerning support for research Rockville, Maryland. The date of this (Open)—The Committee will hear proposals submitted to the NSF for meeting was previously published in presentations by and hold discussions financial support. the Federal Register on Thursday, with representatives of the NRC staff, REASON FOR CLOSING: The proposals October 14, 1999 (64 FR 55787). Nuclear Energy Institute (NEI), and being reviewed include information of a National Fire Protection Association proprietary or confidential nature, Thursday, November 2, 2000 (NFPA) on the revised NFPA 805 including technical information; 8:30 A.M.–8:35 A.M.: Opening standard, post-fire safe shutdown circuit financial data, such as salaries; and Remarks by the ACRS Chairman analysis, and other related fire personal information concerning (Open)—The ACRS Chairman will make protection issues. individuals associated with the opening remarks regarding the conduct 10:45 A.M.–12:00 Noon: ABB/CE and proposals. These matters are exempt of the meeting. Siemens Digital I&C Applications under 5 U.S.C. 552b(c), (4) and (6) of the 8:35 A.M.–10:45 A.M.: Proposed Final (Open)—The Committee will hear a Government in the Sunshine Act. Report of the Technical Study of Spent report by the Subcommittee Chairman Dated: October 16, 2000. Fuel Pool Accident Risk at on a subcommittee meeting on this Karen J. York, Decommissioning Nuclear Power Plants matter and his recommendation Committee Management Officer. (Open)—The Committee will hear regarding further review by the full presentations by and hold discussions Committee. [FR Doc. 00–26985 Filed 10–19–00; 8:45 am] with representatives of the NRC staff 1:00 P.M.–3:00 P.M.: License Renewal BILLING CODE 7555±01±M regarding the revised version of the Guidance Documents (Open)—The report and the staff’s response to Committee will hear presentations by previous ACRS concerns. and hold discussions with NORTHEAST DAIRY COMPACT 11:00 A.M.–12:30 P.M.: Risk-Informed representatives of the NRC staff COMMISSION Regulation Implementation Plan (RIRIP) regarding proposed Standard Review Notice of Meeting (Open)—The Committee will hear Plan for license renewal, Generic Aging presentations by and hold discussions Lessons Learned Report, Regulatory AGENCY: Northeast Dairy Compact with representatives of the NRC staff Guide, and NEI 95–10, ‘‘Industry Commission. regarding the update to the RIRIP. Guidelines for Implementing the

VerDate 112000 13:06 Oct 19, 2000 Jkt 194001 PO 00000 Frm 00053 Fmt 4703 Sfmt 4703 E:\FR\FM\20OCN1.SGM pfrm04 PsN: 20OCN1 Federal Register / Vol. 65, No. 204 / Friday, October 20, 2000 / Notices 63105

Requirements of the License Renewal to allow necessary time during the The entire meeting will be open to Rule.’’ meeting for such statements. Use of still, public attendance. 3:15 P.M.–4:30 P.M.: Research Report motion picture, and television cameras The agenda for the subject meeting to the Commission (Open)—The during the meeting may be limited to shall be as follows: Committee will discuss the current selected portions of the meeting as status of the draft report. determined by the Chairman. Wednesday, November 1, 2000—8:30 4:30 P.M.–5:00 P.M.: Future ACRS Information regarding the time to be set a.m. until the conclusion of business Activities/Report of the Planning and aside for this purpose may be obtained Procedures Subcommittee (Open)—The The Subcommittee will discuss the by contacting Mr. James E. Lyons prior 2001 draft ACRS report to the Committee will discuss the to the meeting. In view of the possibility Commission regarding the NRC Safety recommendations of the Planning and that the schedule for ACRS meetings Research Program and related matters. Procedures Subcommittee regarding may be adjusted by the Chairman as In addition, it will meet with items proposed for consideration by the necessary to facilitate the conduct of the representatives of the NRC Office of full Committee during future meetings. meeting, persons planning to attend Nuclear Regulatory Research to discuss Also, it will hear a report of the should check with Mr. James E. Lyons the ongoing and proposed research Planning and Procedures Subcommittee if such rescheduling would result in activities, as needed. The purpose of on matters related to the conduct of major inconvenience. ACRS business, and organizational and Further information regarding topics this meeting is to gather information, personnel matters relating to the ACRS. to be discussed, whether the meeting analyze relevant issues and facts, and to 5:00 P.M.–5:15 P.M.: Reconciliation of has been canceled or rescheduled, the formulate proposed positions and ACRS Comments and Chairman’s ruling on requests for the actions, as appropriate, for deliberation Recommendations (Open)—The opportunity to present oral statements, by the full Committee. Committee will discuss the responses and the time allotted therefor can be Oral statements may be presented by from the NRC Executive Director for obtained by contacting Mr. James E. members of the public with the Operations (EDO) to comments and Lyons (telephone 301–415–7371), concurrence of the Subcommittee recommendations included in recent between 7:30 a.m. and 4:l5 p.m., EDT. Chairman; written statements will be ACRS reports and letters. The EDO ACRS meeting agenda, meeting accepted and made available to the responses are expected to be made transcripts, and letter reports are Committee. Electronic recordings will available to the Committee prior to the available for downloading or viewing on be permitted only during those portions meeting. the internet at http://www.nrc.gov/ of the meeting that are open to the 5:15 P.M.–6:00 P.M.: Break and ACRSACNW. public, and questions may be asked only Preparation of Draft ACRS Reports Videoteleconferencing service is by members of the Subcommittee, its (Open)—Cognizant ACRS members will available for observing open sessions of consultants, and staff. Persons desiring prepare draft reports, as needed, for ACRS meetings. Those wishing to use to make oral statements should notify consideration by the full Committee. this service for observing ACRS the cognizant ACRS staff engineer 6:00 P.M.–7:30 P.M.: Discussion of meetings should contact Mr. Theron named below five days prior to the Proposed ACRS Reports (Open)—The Brown, ACRS Audio Visual Technician meeting, if possible, so that appropriate Committee will discuss proposed ACRS (301–415–8066), between 7:30 a.m. and arrangements can be made. 3:45 p.m., EDT, at least 10 days before reports. During the initial portion of the the meeting to ensure the availability of meeting, the Subcommittee, along with Saturday, November 4, 2000 this service. Individuals or any of its consultants who may be 8:30 A.M.–1:00 P.M.: Discussion of organizations requesting this service present, may exchange preliminary Proposed ACRS Reports (Open)—The will be responsible for telephone line views regarding matters to be Committee will continue its discussion charges and for providing the considered during the balance of the of proposed ACRS reports. equipment facilities that they use to meeting. 1:00 P.M.–1:30 P.M.: Miscellaneous establish the videoteleconferencing link. (Open)—The Committee will discuss The availability of Further information regarding topics matters related to the conduct of videoteleconferencing services is not to be discussed, whether the meeting Committee activities and matters and guaranteed. has been canceled or rescheduled, the specific issues that were not completed Chairman’s ruling on requests for the Dated: October 16, 2000. during previous meetings, as time and opportunity to present oral statements Andrew L. Bates, availability of information permit. and the time allotted therefor can be Procedures for the conduct of and Advisory Committee Management Officer. obtained by contacting the cognizant participation in ACRS meetings were [FR Doc. 00–26990 Filed 10–19–00; 8:45 am] ACRS staff engineer, Dr. Medhat El- published in the Federal Register on BILLING CODE 7590±01±P Zeftawy (telephone 301/415–6889) October 11, 2000 (65 FR 60476). In between 7:30 a.m. and 4:15 p.m. (EDT). accordance with these procedures, oral Persons planning to attend this meeting NUCLEAR REGULATORY or written views may be presented by are urged to contact the above named COMMISSION members of the public, including individual one or two working days representatives of the nuclear industry. Advisory Committee on Reactor prior to the meeting to be advised of any Electronic recordings will be permitted Safeguards; Subcommittee Meeting on potential changes in the proposed only during the open portions of the Safety Research Program; Notice of agenda, etc., that may have occurred. meeting and questions may be asked Meeting Dated: October 16, 2000. only by members of the Committee, its consultants, and staff. Persons desiring The ACRS Subcommittee on Safety Sam Duraiswamy, to make oral statements should notify Research Program will hold a meeting Acting Associate Director for Technical Mr. James E. Lyons, ACRS, five days on November 1, 2000, Room T–2B3, Support, ACRS/ACNW. before the meeting, if possible, so that 11545 Rockville Pike, Rockville, [FR Doc. 00–26991 Filed 10–19–00; 8:45 am] appropriate arrangements can be made Maryland. BILLING CODE 7590±01±P

VerDate 112000 13:06 Oct 19, 2000 Jkt 194001 PO 00000 Frm 00054 Fmt 4703 Sfmt 4703 E:\FR\FM\20OCN1.SGM pfrm04 PsN: 20OCN1 63106 Federal Register / Vol. 65, No. 204 / Friday, October 20, 2000 / Notices

NUCLEAR REGULATORY has been canceled or rescheduled, and consultants, and staff. Persons desiring COMMISSION the Chairman’s ruling on requests for to make oral statements should notify the opportunity to present oral the cognizant ACRS staff engineer Advisory Committee on Reactor statements and the time allotted named below five days prior to the Safeguards; Subcommittee Meeting on therefor, can be obtained by contacting meeting, if possible, so that appropriate Thermal-Hydraulic Phenomena; Notice the cognizant ACRS staff engineer, Mr. arrangements can be made. of Meeting Paul A. Boehnert (telephone 301–415– During the initial portion of the 8065) between 7:30 a.m. and 4:15 p.m. The ACRS Subcommittee on Thermal- meeting, the Subcommittee, along with (EDT). Persons planning to attend this Hydraulic Phenomena will hold a any of its consultants who may be meeting are urged to contact the above meeting on November 13–14, 2000, present, may exchange preliminary named individual one or two working Room T–2B3, 11545 Rockville Pike, views regarding matters to be days prior to the meeting to be advised Rockville, Maryland. considered during the balance of the of any potential changes to the agenda, Most of the November 13, 2000 meeting. etc., that may have occurred. meeting session will be closed to public The Subcommittee will then hear attendance to discuss proprietary Dated: October 12, 2000. presentations by and hold discussions information per 5 U.S.C. 552b(c)(4) James E. Lyons, with representatives of the Nuclear pertinent to General Electric (GE) Associate Director for Technical Support, Energy Institute, the nuclear industry, Nuclear Energy. ACRS/ACNW. the NRC staff, and other interested The agenda for the subject meeting [FR Doc. 00–26992 Filed 10–19–00; 8:45 am] persons regarding this review. Further information regarding topics shall be as follows: BILLING CODE 7590±01±P to be discussed, whether the meeting Monday, November 13, 2000—8:30 a.m. has been canceled or rescheduled, the until the conclusion of business Tuesday, November 14, 2000—8:30 a.m. NUCLEAR REGULATORY scheduling of sessions which are open until the conclusion of business COMMISSION to the public, and the Chairman’s ruling on requests for the opportunity to The Subcommittee will (1) begin Advisory Committee on Reactor present oral statements and the time review of the GE Nuclear Energy Safeguards; Subcommittee Meeting on allotted therefor, can be obtained by TRACG thermal-hydraulic code, and (2) Severe Accident Management; Notice contacting the cognizant ACRS staff continue review of the NRC Office of of Meeting engineer, Mr. Paul A. Boehnert Nuclear Regulatory Research thermal- (telephone 301–415–8065) between 7:30 hydraulic research program pursuant to The ACRS Subcommittee on Severe a.m. and 4:15 p.m. (EDT). Persons development of the ACRS annual report Accident Management will hold a planning to attend this meeting are to the Commission on NRC safety meeting on November 15, 2000, in urged to contact the above named research. The purpose of this meeting is Room T–2B3, 11545 Rockville Pike, individual one or two working days to gather information, analyze relevant Rockville, Maryland. prior to the meeting to be advised of any issues and facts, and to formulate The agenda for the subject meeting potential changes to the agenda, etc., proposed positions and actions, as shall be as follows: that may have occurred. appropriate, for deliberation by the full Wednesday, November 15, 2000— Committee. 8:30 a.m. until the conclusion of Dated: October 12, 2000. Oral statements may be presented by business James E. Lyons, members of the public with the The Subcommittee will: (1) Continue Associate Director for Technical Support, concurrence of the Subcommittee its review of the NRC Office of Nuclear ACRS/ACNW. Chairman. Written statements will be Regulatory Research severe accident [FR Doc. 00–26993 Filed 10–19–00; 8:45 am] accepted and made available to the management research program in BILLING CODE 7590±01±P Committee. Electronic recordings will accordance with the development of the be permitted only during those portions ACRS annual report to the Commission of the meeting that are open to the on NRC safety research, and (2) RAILROAD RETIREMENT BOARD public, and questions may be asked only continue review of the activities of the by members of the Subcommittee, its NRC staff and the nuclear industry Agency Forms Submitted for OMB consultants, and staff. Persons desiring under the auspices of the Nuclear Review to make oral statements should notify Energy Institute (NEI) pursuant to the cognizant ACRS staff engineer revision of the NEI guideline document SUMMARY: In accordance with the named below five days prior to the NEI, 99–03, ‘‘Control Room Habitability Paperwork Reduction Act of 1995 (44 meeting, if possible, so that appropriate Assessment Guidance.’’ The purpose of U.S.C. Chapter 35) the Railroad arrangements can be made. this meeting is to gather information, Retirement Board (RRB) has submitted During the initial portion of the analyze relevant issues and facts, and to the following proposal(s) for the meeting, the Subcommittee, along with formulate proposed positions and collection of information to the Office of any of its consultants who may be actions, as appropriate, for deliberation Management and Budget for review and present, may exchange preliminary by the full Committee. approval. views regarding matters to be Oral statements may be presented by SUMMARY OF PROPOSAL(S): considered during the balance of the members of the public with the (1) Collection title: Employer meeting. concurrence of the Subcommittee Reporting. The Subcommittee will then hear Chairman. Written statements will be (2) Form(s) submitted: G–251a, G– presentations by and hold discussions accepted and made available to the 251b. with representatives of General Electric Committee. Electronic recordings will (3) OMB Number: 3220–0193. Nuclear Energy, the NRC staff, and other be permitted only during those portions (4) Expiration date of current OMB interested persons regarding this review. of the meeting that are open to the clearance: 12/31/2000. Further information regarding topics public, and questions may be asked only (5) Type of request: Revision of a to be discussed, whether the meeting by members of the Subcommittee, its currently approved collection.

VerDate 112000 13:06 Oct 19, 2000 Jkt 194001 PO 00000 Frm 00055 Fmt 4703 Sfmt 4703 E:\FR\FM\20OCN1.SGM pfrm04 PsN: 20OCN1 Federal Register / Vol. 65, No. 204 / Friday, October 20, 2000 / Notices 63107

(6) Respondents: Business or other and/or at the address(es) specified GPU states the Savings Plans are for-profit. below. Proof of service (by affidavit or, designed to encourage and assist savings (7) Estimated annual number of in the case of an attorney at law, by and investment by eligible employees respondents: 430. certificate) should be filed with the through voluntary contributions by (8) Total annual responses: 430. request. Any request for hearing should employees of a portion of their (9) Total annual reporting hours: 144. identify specifically the issues of facts compensation and by the matching of (10) Collection description: The or law that are disputed. A person who certain of these contributions by the collection obtains information used by so requests will be notified of any Participant’s employer. the Railroad Retirement Board (RRB) to hearing, if ordered, and will receive a Amounts contributed to the Savings assist in determining whether a railroad copy of any notice or order issued in the Plans by or on behalf of each Participant employee is disabled from his or her matter. After November 7, 2000, the are held by a trustee. Separate plan regular occupation. It provides, under application(s) and/or declaration(s), as accounts and, as necessary, sub- certain circumstances, railroad filed or as amended, may be granted accounts are maintained for each employers with the opportunity to and/or permitted to become effective. Participant. The trustee invests the amounts held in plan accounts and sub- provide the information to the RRB GPU, Inc (70–8695) regarding the employee applicant’s job accounts in the investment fund or duties. GPU, Inc., 300 Madison Avenue, funds selected by the Participant. The Morristown, New Jersey 07960 (‘‘GPU’’), investment funds from which ADDITIONAL INFORMATION OR COMMENTS: a registered holding company, has filed Participants may choose currently Copies of the forms and supporting with the Commission a post-effective consist of eleven funds including the documents can be obtained from Chuck amendment to its declaration under ‘‘GPU Stock Fund’’ which is designed to Mierzwa, the agency clearance officer sections 6(a) and 7 and rules 53 and 54 provide employees with a convenient (312–751–3363). Comments regarding of the Act. way to invest in GPU common stock by the information collection should be By prior Commission order in this providing participants the opportunity addressed to Ronald J. Hodapp, Railroad proceeding dated December 8, 1995 to direct that all or a portion of their Retirement Board, 844 North Rush (HCAR No. 26426) (‘‘1995 Order’’), GPU, plan accounts be invested in the GPU Street, Chicago, Illinois, 60611–2092 formerly General Public Utilities Stock Fund. and the OMB reviewer, Joe Lackey (202– Corporation, was authorized to issue The Savings Plans currently provide 395–7316), Office of Management and and sell from time to time through that GPU Common Stock acquired for Budget, Room 10230, New Executive December 31, 2000 up to 250,000 the GPU Stock Fund by the trustee be Office Building, Washington, DC 20503. authorized by unissued or previously purchased in open market transactions Chuck Mierzwa, reacquired shares of GPU common through brokers. In order to provide Clearance Officer. stock, $2.50 par value (‘‘Common additional equity capital, GPU proposes Stock’’), to certain GPU system [FR Doc. 00–26999 Filed 10–19–00; 8:45 am] that shares of its Common Stock employees (‘‘Participants’’) under the acquired by Participants through the BILLING CODE 7905±01±M GPU, Inc. and Secondary System GPU Stock Fund may be either Companies Employee Savings Plan for purchased by the trustee, directly from Nonbargaining Employees and the GPU or in open market transactions, as SECURITIES AND EXCHANGE Employee Savings Plan for Bargaining is now the case. COMMISSION Unit Employees for each of GPU’s The purchase price per share paid by [Realease No. 35±27249] electric utility subsidiaries, Jersey Participants would be the New York Central Power & Light Company, Stock Exchange closing price for GPU Filings Under the Public Utility Holding Metropolitan Edison Company and Common Stock for the date on which Company Act of 1945, as Amended Pennsylvania Electric Company the purchase of the share is executed. (``Act'') (collectively, ‘‘Savings Plans’’). To date, GPU has not issued any The Southern Company, et al. (70– October 13, 2000. shares of Common Stock under the 1995 9727) Notice is hereby given that the Order in connection with the Savings The Southern Company (‘‘Southern’’), following filing(s) has/have been made Plans. GPU requests an extension to 270 Peachtree Street, N.W., Atlanta, with the Commission pursuant to December 31, 2005 of the time during Georgia 30303, a registered holding provisions of the Act and rules which it may issue and sell the 250,000 company, and its subsidiaries, Southern promulgated undera the Act. All authorized by unissued or previously Energy, Inc. (‘‘Southern Energy,’’ interested persons are referred to the reacquired shares of Common Stock formerly SEI Holdings, Inc.) and application(s) and/or declaration(s) for under the Savings Plans, in order to Southern Energy Resources, Inc. complete statements of the proposed maintain the flexibility the 1995 order (‘‘SERI,’’ formerly Southern Electric transaction(s) summarized below. The affords. International, Inc.), both of 900 application(s) and/or declaration(s) and GPU currently has 350 million Ashwood Parkway, Suite 500, Atlanta, any amendment(s) is/are available for authorized shares of Common Stock of Georgia 30338 (collectively, public inspection through the which 121,332,510 shares were ‘‘Applicants’’), have filed an Commission’s Branch of Public outstanding at September 30, 2000. At application-declaration under sections Reference. October 11, 2000, the reported closing 6(a), 7, 9(a), 10, 12, 13, 32 and 33 and Interested persons wishing to price of GPU Common Stock on the rules 43, 44, 45, 53, 54, 90 and 91 of the comment or request a hearing on the New York Stock Exchange was $32.38. Act. application(s) and/or declaration(s) GPU will use the net proceeds from the Applicants request authority in order: should submit their views in writing by sale of additional stock to the Savings (1) To extend and renew the November 7, 2000, to the Secretary, Plans to make cash capital contributions organizational and operational authority Securities and Exchange Commission, to its subsidiaries, for working capital, previously conferred by the Washington, DC 20549–0609, and serve to repay outstanding indebtedness and Commission, (described below as a copy on the relevant application(s) for other corporate purposes. ‘‘Existing Organizational and

VerDate 112000 13:06 Oct 19, 2000 Jkt 194001 PO 00000 Frm 00056 Fmt 4703 Sfmt 4703 E:\FR\FM\20OCN1.SGM pfrm04 PsN: 20OCN1 63108 Federal Register / Vol. 65, No. 204 / Friday, October 20, 2000 / Notices

Operational Authority’’) in The (‘‘Marketing Subsidiaries’’).6 By order the Public Utility Regulatory Policies Southern Company, HCAR No. 26468 dated September 26, 1996 (‘‘September Act of 1978; or (February 2, 1996) (‘‘1996 Order’’) 1996 Order’’),7 the Commission 4. The Exempt Project company is an beyond the current expiration date of authorized Southern Energy, to broker EWG or QF that sells electricity at rates December 31, 2000 1 in order to or market electric power and other based upon its cost of service, as facilitate the divestiture by Southern of energy commodities throughout the approved by FERC or any state public Southern Energy during calendar year United States, using one or more utility commission having jurisdiction, 2001; 2 (2) to obtain required Marketing Subsidiaries.8 The provided that the purchaser thereof is authorizations pertaining to the Commission reserved jurisdiction in the not an associate public utility company implementation of the plan for the September 1996 Order over the of such Special Purpose Subsidiary distribution during calendar year 2001 expansion of these activities outside the within the Southern system. 11 of the voting securities of Southern United States. On May 13, 1999, the By order dated December 30, 1994, Energy by Southern to the common Commission also authorized the the Commission authorized Special stock stockholders of Southern acquisition of Marketing Subsidiaries Purpose Subsidiaries to engage in (‘‘Distribution’’); and (3) for Southern to that engaged in energy marketing in development activities (‘‘Development 9 retain the Existing Organizational and Canada, through December 21, 2003. Activities’’) pertaining to the potential Operational Authority through June 30, The 1996 Order also authorized acquisition and ownership of QFs and 2005, subject to compliance with the Special Purpose Subsidiaries to provide facilities to be owned or operated by other applicable rules, regulations and services or sell goods to any associate EWGs and FUCOs, and other power orders of the Commission. engaged in the development or production facilities which, when operation of EWGs, FUCOs or QFs, placed in operation, would be a part of I. Existing Organizational and either directly or indirectly through its Southern’s ‘‘integrated public-utility Operational Authority related Intermediate Subsidiary, at fair system,’’ within the meaning of section market prices. The 1996 Order, under 2(a)(29)(A) of the Act, together with Through its 1996 Order, the section 13(b) of the Act, exempted ancillary facilities and equipment, such Commission authorized the Applicants certain transactions from the as may be used for fuel production, to carry out the restructuring and requirements of rules 90 and 91 in conversion, handling and/or storage; consolidation of Southern’s interests in which any of the following electrical transmission; and energy exempt wholesale generator (‘‘EWGs’’), circumstances apply: management, recovery and efficiency. foreign utility companies (‘‘FUCOs’’) 1. The Exempt Project derives no part The development activities of SERI and and Qualifying Facilities (‘‘QFs’’) of its income, directly or indirectly, Special Purpose Subsidiaries include (collectively, ‘‘Exempt Projects’’) and from the generation, transmission or and are limited to project due diligence certain other non-utility activities under distribution of electric energy for sale and design review; market studies; site Southern Energy. within the United States; inspection; preparation of bid proposals, The 1996 Order also authorized 2. The Exempt Project company is an including, posting of bid bonds, cash Applicants ‘‘to organize one or more EWG that sells electricity at market- deposits or the like; application for intermediate subsidiaries to make based rates which have been approved required permits and/or regulatory investments in Exempt Projects, other by the Federal Energy Regulatory approvals; acquisition of site options power projects, and Energy-Related Commission (‘‘FERC’’), provided that and options on other necessary rights; Companies,3 and to provide project the purchaser is not an associate public negotiation and execution of contractual development and management services utility company of the Special Purpose commitments with owners of existing Subsidiary within the Southern to projects and companies held by them 10 facilities, equipment vendors, (‘Intermediate Subsidiaries’), and to system; construction firms, power purchasers, 3. The Exempt Project company is a organize one or more special purpose thermal host users, fuel suppliers and QF that sells electricity exclusively: (a) subsidiaries to engage in any of the other project contractors; negotiation of At rates negotiated at arms’-length to activities in which [SERI] is currently financing commitments with lenders one or more industrial or commercial authorized 4 to engage (‘Special Purpose and equity co-investors; and such other customers purchasing the electricity for Subsidiaries’) * * *.’’ 5 their own use and not for resale; and/ preliminary development activities as The 1996 Order also authorized or (b) to an electric utility company of may be required in preparation for the Southern Energy to acquire directly or the Special Purpose Subsidiary within acquisition or financing. SERI was indirectly, Energy Related Companies authorized to expend up to $300 million the Southern system, at the purchaser’s 12 engaged in energy marketing ‘‘avoided cost’’ as determined in in Development Activities, Applicants accordance with the regulations under 11 HCAR No. 26212. 1 The 1996 Order authorizes Southern to issue 12 Authorized Development Activities also performance guarantees to Southern Energy through 6 The order required that either the buyer or included rendering project development, December 31, 2003. seller, or both, be located within the area covered engineering, design, construction and construction 2 Applicants expect the divestiture to occur in the by the Southeastern Electric Reliability Council management, operating, fuel management, first half of 2001. (‘‘SERC’’). SERC includes all or part of the states in maintenance and power plant overhaul and other 3 The 1996 Order pre-dates the enactment of rule which the Public Utilities provide retail electric similar kinds of managerial and technical services 58, however, the 1996 Order defined Energy- service (i.e., Georgia, Alabama, Mississippi and (including intellectual property other than that Related Companies in anticipation of the adoption Florida) and all or part of North Carollina, South created for or on behalf of the public utility of rule 58 and subject to the definition expressed Carolina, Virginia, Tennessee and Kentucky. See company subsidiaries of Southern) to both affiliated in rule 58. also HCAR No. 27020 (May 13, 1999). Project entities and to non-affiliated developers, 7 4 By order dated December 30, 1994 (HCAR No. Holding Co. Act Release No. 26581. operators and owners of independent power 26212), Southern Electric International, Inc. (now 8 The authority of the Marketing Subsidiaries is projects and foreign and domestic utility systems SERI) was authorized to engage in preliminary co-extensive with the energy marketing authority and industrial concerns. SERI was authorized to project development activities and the sale of subsequently conferred by rule 58. render these services utilizing its own work force, operating construction, project management, 9 Holding Co. Act Release No. 27020. independent contractors, and personnel and other administrative and other services to associates and 10 File No. 70–8733, Amendment No. 3, HCAR resources of associates obtained at cost under nonassociates. No. 26468 (February 2, 1996). See also HCAR No. existing service agreements. HCAR No. 26212 5 HCAR No. 26468 (February 2, 1996). 26212 (December 30, 1994). (December 30, 1994), HCAR No. 26468 (February 2,

VerDate 112000 13:06 Oct 19, 2000 Jkt 194001 PO 00000 Frm 00057 Fmt 4703 Sfmt 4703 E:\FR\FM\20OCN1.SGM pfrm04 PsN: 20OCN1 Federal Register / Vol. 65, No. 204 / Friday, October 20, 2000 / Notices 63109 seek to renew this authority until the business lines to Holdco.16 In exchange Southern anticipates that its date of the Distribution, which is for its contribution to Holdco, Solutions wholesale power requirements will be expected to occur in 2001. will receive up to 20% of the voting satisfied in the future by a sixth Southern requests that Southern stock of Holdco. In exchange for at least operating company authorized by the Energy retain the Existing 80% of the voting stock of Holdco, 17 FERC. An application to form this Organizational and Operational Southern Energy would contribute the company is pending before this Authority through completion of the securities of two of its current Commission.22 Accordingly, Southern Distribution which is expected to occur Intermediate Subsidiaries, SE Finance further requests authority, to the extent in calendar year 2001. Capital Corporation (‘‘SE Finance’’) and required, to contribute the voting Southern Company Capital Funding, securities of Holdco to the sixth II. Authority Sought With Respect to the Inc.18 (‘‘Capital Funding’’), to Holdco.19 Distribution and Post Distribution operating company. Southern’s Each of these subsidiaries is an investment in one or more projects Authority for Southern Intermediate Subsidiary of Southern through subsidiary companies will be Energy authorized under the 1996 Southern requests that Southern subject to the conditions imposed by Order. Energy retain the Existing rules 53 and 58 of the Act and subject Organizational and Operational SE Finance includes an Energy- to compliance with the reporting Authority through completion of the Related Company component and a requirements established by the 1996 Distribution in calendar year 2001 and FUCO subsidiary component. The Order on a Southern consolidated basis. that Southern be authorized to exercise Energy-Related Company component the Existing Organizational and includes three Energy-Related IV. Master Agreement and Ancillary Operational Authority after the subsidiaries, Southern Energy Agreements Distribution, through June 30, 2005, Carbontronics, L.L.C. and two held by through one or more subsidiaries subject Southern Energy Clairton, L.L.C.20 SE Southern Energy and Southern have to the conditions and reporting Finance also owns the securities of four entered into a Master Separation and requirements set forth in this file. In FUCOs: EPZ Lease, Inc., Dutch Gas Distribution Agreement (‘‘Master addition, Applicants request authority Lease, Inc., SEI Gamog Lease, Inc. and Agreement’’) 23 and the associated to expend $300 million on Development Nuon Lease, Inc. ancillary agreements (‘‘Ancillary Activities, through June 30, 2005. Southern Energy intends to distribute Agreements’’), subject to their existing authority and rules, regulations and III. Formation and Transfer of Holdco its securities of Holdco to Southern in redemption of a Special Class of orders of the Commission. Until the Distribution, Southern will Southern Energy Preferred Stock that The Ancillary Agreements appended own at least 80 percent of the common was issued by Southern Energy to to the Master Agreement include an stock of Southern Energy. Southern Southern. The Holdco group to be Employee Matters Agreement,24 a Tax intends to distribute all of its voting retained by Southern includes Engery- Indemnification Agreement,25 a securities of Southern Energy to Related activities that the Commission Transitional Services Agreement, a Southern’s stockholders within twelve has previously determined to be Confidential Disclosure Agreement,26 a months of the initial offering of reasonably incidental and economically Technology and Intellectual Property Southern Energy common stock.13 necessary to the operation of an Pending the Distribution, Southern integrated electric utility system and 22 S.E.C. File No. 70–9701. and Southern Energy intend to FUCO operations predominantly 23 The Master Agreement provided for separation reorganize Southern and Southern consisting of traditional public utility of the Southern and Southern Energy businesses on Energy’s activities so that, after the assets. 21 September 1, 2000, which was shortly before the Distribution, Southern will retain sale of common stock by Southern Energy to the public (the ‘‘Separation Date’’). Section 5.8 of the certain components of the lines of 16 Holdco will be an Intermediate Subsidiary as Master Agreement obligates the parties to business it now owns through Southern defined and authorized by the 1996 Order and the implement the Master Agreement and the Ancillary Energy.14 To accomplish this, Southern Existing Organizational and Operational Authority Agreements to the fullest extent permitted by their described above. existing authority and to cooperate to the end of Energy and Southern Company Energy 17 The final percentages of ownership are to be 15 achieving any further necessary authority. Section Solutions, Inc. (‘‘Solutions’’) will set determined based upon the relative value of the 5.11 of the Master Agreement provides for the up a new subsidiary (‘‘Holdco’’). respective contributions to Holdco. distribution of Holdco. Section 5.12 of the Master Southern Energy and Solutions each 18 As of March 31, 2000, Southern Energy’s Agreement provides that Southern will not cancel plan to contribute energy-management investment in Capital Funding was $52.7 million any outstanding guarantees, all of which are (including retained earnings of $2.3 million). authorized under Southern’s existing authority, and Capital Funding has no subsidiaries. that Southern will extend credit support to 1996). The 1996 Order extended this authority 19 Applicants note the Holdco group operations Southern Company Energy Marketing through the through December 31, 2000. do not include high growth businesses and are Distribution, provided that the aggregate amount of 13 The initial offering to the public of Southern dominated by traditional public utility assets, credit support arrangements shall not exceed $425 Energy common stock closed on October 2, 2000. including several natural gas distribution systems million and may be canceled within six months 14 These components consist of Energy-Related in the Netherlands that qualify as FUCOs. following the Distribution. The credit support activities authorized by rule 58 and certain FUCO 20 Each of these Energy-Related Companies provided for is within the existing performance activities. Applicants assert that most, if not all, of participates in alternative fuel commercialization guarantee authority of Southern pertaining to the steps taken prior to the Distribution fall within projects. Southern Energy and its subsidiaries. The 1996 the authority conferred under the 1996 Order; rules 21 Applicants state they could achieve the same Order authorizes Southern to issue performance 45, 52, 57, 58, 87; and sections 32(g) and 33(c) of structure under the 1996 Order through Southern guarantees up to $800 million through December the Act. Applicants note that affiliate transactions Energy selling its interests in Exempt Projects, 31, 2003. are subject to the general supervision of the retaining only those interests to be retained by the 24 The Employee Matters Agreement assures that Commission under Section 12(f) of the Act. To the Holdco group and combining Solutions with the affected employees will be covered by benefit plans, extent these activities require approval under any Holdco group, as authorized under the 1996 Order but avoids redundant benefit programs. sections of the Act Applicants request this and rule 58. In the Exercise of its business 25 Applicants state the Tax Indemnification approval. judgment, Southern has determined that greater Agreement will be separately filed under rule 45(c) 15 Solutions is a direct subsidiary of Southern value can be achieved through a tax-free of the Act. conducting Energy-Related operations under rule distribution of Southern Energy to its stockholders 26 The Confidential Disclosure Agreement 58. than through a sale of portions or all of its business. protects certain proprietary information.

VerDate 112000 13:06 Oct 19, 2000 Jkt 194001 PO 00000 Frm 00058 Fmt 4703 Sfmt 4703 E:\FR\FM\20OCN1.SGM pfrm04 PsN: 20OCN1 63110 Federal Register / Vol. 65, No. 204 / Friday, October 20, 2000 / Notices

Ownership and License Agreement 27 accordance with the terms of the Master Average Hours Per Response: .25. and an Indemnification and Insurance Agreement on or before September 1, Total Estimated Burden: 47.5 hours. Matters Agreement. The 2002.31 Southern proposes to provide Public comments are being solicited Indemnification and Insurance Matters ancillary services on a wholly incidental to permit the agency to: Agreement provides for a separation of basis and only as required to permit an • Evaluate whether the proposed insurance coverage and for mutual orderly separation of the businesses collection of information is necessary indemnification for claims based upon without extraordinary losses or for the proper performance of the fault.28 transition costs. functions of the agency, including The Transitional Services Agreement whether the information will have V. Reporting Requirements provides for the continuation on an practical utility. incidental basis of certain services The Applicants propose that a single • Evaluate the accuracy of the currently provided to Southern Energy, consolidated quarterly report be filed by agency’s estimate of the burden of the including financial, human resources Southern and in accordance with rule collection, including the validity of the administration and payroll, accounting 24 with respect to all activities of methodology and assumptions used. and treasury, engineering and technical Southern and its subsidiaries authorized • Enhance the quality, utility, and consulting, information technology, in this file. This report would replace clarity of the information to be procurement, government relations and the combined report currently being collected. legal services, for a term not to exceed filed pursuant to the 1996 Order. • Minimize the reporting burden on two years from September 1, 2000. As For the Commission, by the Division of those who are to respond, including a result of the incidental nature of the Investment Management, under delegated through the use of automated collection services, neither Southern nor its authority. techniques or other forms of technology. subsidiaries will incur unreimbursed Jonathan G. Katz, FOR FURTHER INFORMATION CONTACT: costs. After the Separation Date, the Secretary. Copies of the proposed information subsidiaries of Southern intend to [FR Doc. 00–27010 Filed 10–19–00; 8:45 am] collection and supporting documents restrict the services rendered to the BILLING CODE 8010±01±M may be obtained from Office of Overseas Southern Energy group to the services Schools, U.S. Department of State, enumerated in the Transitional Services Washington, DC 20520 (202) 261–8200. Agreement, which are a subset of the DEPARTMENT OF STATE Public comments and questions should currently authorized services.29 be directed to the State Department Southern further requests that the [Public Notice 3452] Commission take action, if deemed Desk Officer, Office of Information and appropriate and consistent with the Act Office of Overseas Schools; Regulatory Affairs, Office of under section 12(f) of the Act 30 with Information Collection Request Management and Budget (OMB), Washington, DC 20530, (202) 395–5871. respect to the Master Agreement and the AGENCY: Department of State. Ancillary Agreements, taking into Dated: October 16, 2000. ACTION: 30-Day Notice of Information account that Southern Energy will in all Robert B. Dickson, Collection; Overseas Schools—Grant probability cease to be an associate Status Reports. Executive Director, Bureau of Administration, company of Southern in 2001. Southern Department of State. proposes that the authority to provide SUMMARY: The Department of State has [FR Doc. 00–27073 Filed 10–19–00; 8:45 am] the ancillary services shall expire in submitted the following information BILLING CODE 4710±24±U collection request to the Office of 27 The Technology and Intellectual Property Management and Budget (OMB) for Ownership and License Agreement documents the DEPARTMENT OF STATE intellectual property that Southern and Southern approval in accordance with the Energy are each authorized to use and does not Paperwork Reduction Act of 1995. require any future transfers of intellectual property Comments should be submitted to OMB Bureau of Oceans, Environment and following the Separation Date. within 30 days of the publication of this Science 28 Applicants assert that a claims indemnification notice. [Public Notice No. 3451] agreement of this nature incidental to a genuine transaction does not involve an upstream or any The following summarizes the extension of credit and is not an ‘‘indemnity’’ information collection proposal Public Meeting on An International within the meaning of section 12 of the Act. See submitted to OMB: Agreement on Prior Informed Consent Mississippi Valley Generating Company, HCAR No. Type of Request: Renewal. for Certain Hazardous Chemicals and 12794 (February 9, 1955) and The Southern Originating Office: A/OPR/OS. Pesticides Company, HCAR No. 27134 (February 9, 2000) Title of Information Collection: (both construing and applying Section 12(a) of the SUMMARY: Act in accordance with Section 1(c) of the Act and Overseas Schools—Grant Status This public meeting will the legislative history showing an intent to protect Reports. provide an overview of ongoing efforts public utility subsidiaries). Frequency: Annual. to implement a binding agreement on 29 Southern’s subsidiaries are authorized under Form Number: OMB No. 1405–0033. the application of a prior informed rule 87 of the Act to provide goods and services at Respondents: Recipients of grants. consent (PIC) procedure for certain cost to Southern Energy and its subsidiaries in Estimated Number of Respondents: accordance with the limitations imposed by rule 87. hazardous chemicals and pesticides. A Southern Company Services, Inc. (‘‘Southern 190. total of 73 countries have signed the Services’’) is further authorized under the 1996 binding PIC agreement, with 11 Order and HCAR No. 26212 (December 30, 1994) to 31 Following the Distribution, Southern will countries completing ratification. The provide services at cost to SERI. Southern Energy principally provide engineering and technical represents less than 3% of the total service billings services to Southern Energy through Solutions or purpose of the public meeting is to of Southern Services. Southern anticipates a any other rule 58 subsidiary authorized to provide discuss preparations for the seventh substantial reduction in the services rendered to energy-related engineering and technical services to session of the PIC intergovernmental Southern Energy following the Separation Date and third parties. The costs associated with Southern negotiating committee (INC–7) which a further reduction following the Distribution. Services providing support services (other than 30 Section 12(f) of the Act confers plenary energy-related engineering and technical services) will take place from October 30 to jurisdiction upon the Commission over affiliate are estimated to be less than 1% of the annual November 3, 2000. The INC–7 meeting transactions. billings of Southern Service. will address a number of timely issues

VerDate 112000 13:06 Oct 19, 2000 Jkt 194001 PO 00000 Frm 00059 Fmt 4703 Sfmt 4703 E:\FR\FM\20OCN1.SGM pfrm04 PsN: 20OCN1 Federal Register / Vol. 65, No. 204 / Friday, October 20, 2000 / Notices 63111 related to the PIC agreement: status and the PIC secretariat of their decision on will make recommendations on how to implementation issues related to the importation for each of the PIC strengthen the Department of State’s interim PIC procedure, applicability to chemicals. In their decision, countries ability to respond to the many pesticides containing contaminants, indicate whether they will permit use challenges facing the United States and activities of the interim chemical review and importation, prohibit use and the federal government in international committee, and preparation for the first importation, or permit importation only labor matters. These challenges include conference of the parties. The public under specified conditions. Importing the protection of worker rights, the meeting will take place from 10:00 am countries are expected to ensure that elimination of exploitative child labor, to 12:00 pm on October 25 in Room their decisions are applied to all sources and the prevention of abusive working 3519, U.S. Department of State, 2201 C of import and to domestic production conditions. Street Northwest, Washington, D.C. for domestic use; exporting countries The agenda for the November 8 Attendees should use the entrance at C are expected to ensure that exports do meeting includes discussion of the Street, and should provide Eunice not occur contrary to the decisions of interagency process on international Mourning (202–647–9266) with their importing countries. So far, 27 labor policy formulation. date of birth and social security number chemicals have been included in the Members of the public are welcome to by noon on October 24. Attendees procedure, and it is likely that more will attend the meeting as seating capacity should bring picture identification to be covered in the future. Additional allows. As access to the Department of the meeting. information on the voluntary procedure, State is controlled, persons wishing to FOR FURTHER INFORMATION CONTACT: PIC text, PIC chemicals, and the agenda attend the meeting must be pre-cleared Please contact Dr. Marie Ricciardone, for INC–7 is located on the internet on by calling or faxing the following U.S. Department of State, OES/ENV, the PIC Home Page (http://www.pic.int). information, by close of business Room 4325, 2201 C Street NW, The Department of State is issuing November 6, to Eric Barboriak at (202) Washington D.C. 20520. Phone 202– this notice to help ensure that 647–4327 or fax (202) 647–0431 or 736–4660, fax 202–647–5947. potentially affected parties are aware of email [email protected]: name; and knowledgeable about the company or organization affiliation (if SUPPLEMENTARY INFORMATION: The parameters of these negotiations. In the United States, through an interagency any); date of birth; and social security future, we will be contacting interested working group chaired by the State number. Pre-cleared persons should use organizations about planned briefings Department, has been involved in the 23rd Street entrance to the State by mail or fax. Those organizations preparations for implementation of the Department and have a driver’s license which cannot attend the meeting, but Rotterdam Convention on the Prior with photo, a passport, a U.S. wish to remain informed, should Informed Consent (PIC) Procedure for Government ID or other valid photo provide Dr. Marie Ricciardone of the Certain Hazardous Chemicals and identification. Department of State with their address, Members of the public may, if they Pesticides in International Trade. The telephone and fax numbers. wish, submit a brief statement to the text of the PIC Convention was adopted Committee in writing. Those wishing by the Conference of Plenipotentiaries Dated: October 17, 2000. further information should contact Mr. in September 1998. The Convention will Dan Fantozzi, Barboriak at the phone and fax numbers make binding the current interim Director, Office of Environmental Policy. provided above. voluntary scheme contained in the [FR Doc. 00–27072 Filed 10–19–00; 8:45 am] Food and Agriculture BILLING CODE 4710±09±U Dated: October 13, 2000. Organization (FAO) International Code Michael E. Parmly, of Conduct on the Distribution and Use Acting Assistant Secretary, Bureau of of Pesticides and the United Nations DEPARTMENT OF STATE Democracy, Human Rights and Labor, Environment Program (UNEP) London Department of State. Guidelines for the Exchange of [Public Notice #3345] [FR Doc. 00–27071 Filed 10–19–00; 8:45 am] Information on Chemicals in BILLING CODE 4710±18±P Advisory Committee on Labor International Trade. The PIC procedure Diplomacy; Notice of Meeting was developed in recognition of the fact that many countries in the developing The Advisory Committee on Labor DEPARTMENT OF TRANSPORTATION world have inadequate capacity to Diplomacy (ACLD) will hold a meeting generate information necessary to make from 9:30 a.m. to 4:00 p.m. on Office of the Secretary decisions regarding how to effectively November 8, 2000, in room 1107, U.S. manage risks of hazardous chemicals, Department of State, 2201 C Street, NW, Reports, Forms and Recordkeeping and in certain cases to ensure adequate Washington, DC 20520. Committee Requirements; Agency Information compliance with risk management Chairman Thomas Donahue, former Collection Activity Under OMB Review decisions. The procedure assists President of the AFL-CIO, will chair the AGENCY: Office of the Secretary, DOT. countries in learning more about the meeting. ACTION: Notice. characteristics of certain hazardous The ACLD is comprised of prominent chemicals that may be shipped to them, persons with expertise in the area of SUMMARY: In compliance with the initiates a decision-making process on international labor policy and labor Paperwork Reduction Act of 1995 (44 the future import of these chemicals, diplomacy. The ACLD advises the U.S.C. 3501 et seq.), this notice and facilitates the dissemination of this Secretary of State and the President on announces that the Information decision to other countries. the resources and policies necessary to Collection Request (ICR) abstracted Chemicals eligible for the PIC implement labor diplomacy programs below has been forwarded to the Office procedure include those which have efficiently, effectively and in a manner of Management and Budget (OMB) for been banned or severely restricted by that ensures U.S. leadership before the renewal and comment. The ICR participating countries, as well as international community in promoting describes the nature of the information certain acutely hazardous pesticides. the objectives and ideals of U.S. labor collection and its expected cost and Under the procedure, countries notify policies in the 21st century. The ACLD burden. The Federal Register Notice

VerDate 112000 13:06 Oct 19, 2000 Jkt 194001 PO 00000 Frm 00060 Fmt 4703 Sfmt 4703 E:\FR\FM\20OCN1.SGM pfrm04 PsN: 20OCN1 63112 Federal Register / Vol. 65, No. 204 / Friday, October 20, 2000 / Notices with a 60-day comment period soliciting DEPARTMENT OF TRANSPORTATION material for distribution at a meeting comments on the following collection of should reach the Coast Guard no later information was published on May 15, Coast Guard than November 8, 2000. If you would 2000 [FR 65, 31049]. No comments were [USCG±2000±8103] like a copy of your material distributed received. to each member of the Council in Navigation Safety Advisory Committee advance of the meeting, please submit DATES: Comments must be submitted on 25 copies to the Executive Director no or before November 20, 2000. AGENCY: Coast Guard, DOT. later than November 3, 2000. ACTION: Notice of meeting. FOR FURTHER INFORMATION CONTACT: Information on Services for Individuals Delores King, Air Carrier Fitness SUMMARY: The Navigation Safety With Disabilities Division, X–56, Office of Aviation Advisory Council (NAVSAC) will meet For information on facilities or Analysis; Office of the Secretary; US to discuss various issues relating to the services for individuals with disabilities Department of Transportation, 400 7th safety of navigation. The meeting is or to request special assistance at the Street, SW., Washington, DC 20590– open to the public. meetings, contact the Executive Director 0002. Telephone (202) 366–2343. DATES: NAVSAC will meet on Monday, as soon as possible. SUPPLEMENTARY INFORMATION: November 13, 2000, from 8 a.m. to 5 Dated: October 12, 2000. p.m., Tuesday, November 14, 2000, from Jeffrey P. High, Office of the Secretary (OST) 2:30 to 6 p.m., and on Wednesday, Acting Assistant Commandant for Marine November 15, 2000, from 8 a.m. to 3 Title: Procedures and Evidence Rules Safety and Environmental Protection. p.m. The meeting may close early if all for Air Carrier Authority Applications: [FR Doc. 00–26949 Filed 10–19–00; 8:45 am] business is finished. Written material 14 CFR part 201—Air Carrier Authority should reach the Coast Guard on or BILLING CODE 4910±15±M under Subtitle VII of title 49 of the before November 3, 2000. Requests to United States Code—(Amended); make oral presentations should reach DEPARTMENT OF TRANSPORTATION 14 CFR part 204—Data to Support the Coast Guard on or before November 8, 2000. Requests to have a copy of your Fitness Determinations; Federal Aviation Administration material distributed to each member of 14 CFR part 291—Cargo Operations in the Council should reach the Coast Agency Information Collection Activity Interstate Air Transportation. Guard on or before November 3, 2000. Under OMB Review OMB Control Number: 2106–0023. ADDRESSES: NAVSAC will meet at The AGENCY: Federal Aviation Admiral Fell Inn; 888 South Broadway, Affected Public: Persons seeking Administration (FAA), DOT. Baltimore, MD 21231. Send written initial or continuing authority to engage ACTION: Notice. material and requests to make oral in air transportation must provide presentations to Ms. Margie G. Hegy, SUMMARY: In compliance with the information to the Department Commandant (G–MW), U.S. Coast Paperwork Reduction Act of 1995 (44 concerning their ownership, citizenship, Guard Headquarters, 2100 Second Street U.S.C. 3501 et seq.), this notice financial condition and compliance SW., Washington, DC 20593–0001. announces that the Information history. This specific information to be FOR FURTHER INFORMATION CONTACT: Ms. Collection Request (ICR) abstracted filed is set forth in 14 CFR parts 201 and Margie G. Hegy, Executive Director of below has been forwarded to the Office 204. NAVSAC, telephone 202–267–0415, fax of Management and Budget (OMB) for Annual Estimated Burden: 4900 202–267–4700. extension of currently approved hours* SUPPLEMENTARY INFORMATION: Notice of collection. The ICR describes the nature Comments are invited on: (a) Whether this meeting is given under the Federal of the information collection and the the proposed collection of information Advisory Committee Act, 5 U.S.C. App. expected burden. The Federal Register is necessary for the proper performance 2. Notice with a 60-day comment period soliciting comments on the following of the functions of the Department, Agenda of Meeting collection of information was published including whether the information will The meeting topics include the on August 4, 2000, [FR 65, pages 48042– have practical utility; (b) the accuracy of 48043]. the Department’s estimate of the burden following: (1) High speed craft. DATES: Comments must be submitted on of the proposed information collection; (2) Aids to navigation. or before November 20, 2000. A (c) ways to enhance the quality, utility, (3) Crew alertness campaign. comment to OMB is most effective if and clarity of the information collected; (4) Electronic navigational aids. OMB receives it within 30 days of and (d) ways to minimize the burden of You may request a copy of the agenda publication. the collection of information on from Ms. Hegy at the number listed in FOR FURTHER INFORMATION CONTACT: Judy respondents, including the use of FOR FURTHER INFORMATION CONTACT. automated collection techniques or Street on (202) 267–9895. other forms of information technology. Procedural SUPPLEMENTARY INFORMATION: Issued in Washington, DC on October 16, The meeting is open to the public. Federal Aviation Administration (FAA) 2000. Please note that the meeting may close Title: Volcanic Activity User Needs Michael Robinson, early if all business is finished. At the Analysis Questionnaire. Chair’s discretion, members of the Type of Request: Request for approval Information Resource Management, United public may make oral presentations States Department of Transportation. of a new collection of information. during the meetings. If you would like OMB Control Number: 2120–New. [FR Doc. 00–26956 Filed 10–19–00; 8:45 am] to make an oral presentation, please Form(s): N/A. BILLING CODE 4910±62±P notify the Executive Director no later Affected Public: Approximately 100 than November 8, 2000. Written members of the aviation business

VerDate 112000 17:13 Oct 19, 2000 Jkt 194001 PO 00000 Frm 00061 Fmt 4703 Sfmt 4703 E:\FR\FM\20OCN1.SGM pfrm08 PsN: 20OCN1 Federal Register / Vol. 65, No. 204 / Friday, October 20, 2000 / Notices 63113 community and state and local requirements of 14 CFR, dispositions of Regulations Affected: 14 CFR 25.853. government aviation community. certain petitions previously received, Description of Petition: To exempt Abstract: Volcanic activity, and corrections. The purpose of this software media holders from the specifically volcanic ash, constitutes a notice is to improve the public’s flammability test data requirements on severe hazard to aviation. To determine awareness of, and participation in, this Boeing Model 737, 747, 757, 767, 777 the need for specific product and aspect of FAA’s regulatory activities. airplanes. service improvements, the FAA requires Neither publication of this notice nor [FR Doc. 00–27060 Filed 10–19–00; 8:45 am] input from airlines, airports, and pilots the inclusion or omission of information BILLING CODE 4910±13±M to understand their operational needs. in the summary is intended to affect the The results of the survey will form the legal status of any petition or its final basis for investments leading to disposition. DEPARTMENT OF TRANSPORTATION improved or new products that alert DATES: Comments on petitions received users of the national Airspace system of must identify the petition docket Federal Aviation Administration the volcanic ash threat. number involved and must be received Estimated Annual Burden Hours: 100 on or before November 13, 2000. [Summary Notice No. PE±2000±61] hours one time. ADDRESSES: Send comments on any Petitions for Exemption; Summary of ADDRESSES: Send comments to the petition to the Docket Management Office of Information and Regulatory Petitions Received; Dispositions of System, U.S. Department of Petitions Issued Affairs, Office of Management and Transportation, Room Plaza 401, 400 Budget, 725–17th Street, NW, Seventh Street, SW., Washington, DC AGENCY: Federal Aviation Washington, DC 20503, Attention FAA 20590–0001. You must identify the Administration (FAA), DOT. Desk Officer. docket number FAA–2000–XXXX at the ACTION: Notice of petitions for Comments are invited on whether the beginning of your comments. If you proposed collection of information is exemption received and of dispositions wish to receive confirmation that FAA of prior petitions. necessary for the proper performance of received your comments, include a self- the functions of the Department, addressed, stamped postcard. SUMMARY: Pursuant to FAA’s rulemaking including whether the information will You may also submit comments provisions governing the application, have practical utility; the accuracy of through the Internet to http:// processing, and disposition of petitions the Department’s estimate of the burden dms.dot.gov. You may review the public for exemption Part 11 of Title 14, Code of the proposed information collections; docket containing the petition, any of Federal Regulations (14 CFR), this ways to enhance the quality, utility, and comments received, and any final notice contains a summary of certain clarity of the information to be disposition in person in the Dockets petitions seeking relief from specified collected; and ways to minimize the Office between 9:00 a.m. and 5:00 p.m., requirements of 14 CFR, dispositions of burden of the collection of information Monday through Friday, except Federal certain petitions previously received, on respondents, in including the use of holidays. The Dockets Office (telephone and corrections. The purpose of this automated collection techniques of 1–800–647–5527) is on the plaza level notice is to improve the public’s other forms of information technology. of the NASSIF Building at the awareness of, and participation in, this Issued in Washington, DC, on October 13, Department of Transportation at the aspect of FAA’s regulatory activities. 2000. above address. Also, you may review Neither publication of this notice nor Judith D. Street, public dockets on the Internet at http:/ the inclusion or omission of information Acting Manager, Standards and Information /dms.dot.gov. in the summary is intended to affect the Division, APF–100. FOR FURTHER INFORMATION CONTACT: legal status of any petition or its final [FR Doc. 00–26954 Filed 10–19–00; 8:45 am] Forest Rawls (202) 267–8033, or disposition. BILLING CODE 4910±13±M Vanessa Wilkins (202) 267–8029, Office DATES: Comments or petitions received of Rulemaking (ARM–1), Federal must identify the petition docket Aviation Administration, 800 number involved and must be received DEPARTMENT OF TRANSPORTATION Independence Avenue, SW, on or before November 13, 2000. Washington, DC 20591. Federal Aviation Administration ADDRESSES: Send comments on any This notice is published pursuant to petition to the Docket Management 14 CFR 11.85 and 11.91 of part 11. [Summary Notice No. PE±2000±60] System, U.S. Department of Issued in Washington, DC, on October 17, Petitions for Exemption; Summary of Transportation, Room Plaza 401, 400 2000. Seventh Street, SW., Washington, DC Petitions Received; Dispositions of Donald P. Byrne, Petitions Issued 20590–0001. You must identify the Assistant Chief Counsel for Regulations. docket number FAA–2000–XXXX at the AGENCY beginning of your comments. If you : Federal Aviation Petitions for Exemption Administration (FAA), DOT. wish to receive confirmation that FAA Docket No.: FAA–2000–8070. ACTION: Notice of petitions for received your comments, include a self- exemption received and of dispositions Petitioner: The Boeing Company. addressed, stamped postcard. Section of 14 CFR Affected: 14 CFR of prior petitions. You may also submit comments 25.853. through the Internet to http:// SUMMARY: Pursuant to FAA’s rulemaking Description of Relief Sought: To dms.dot.gov. You may review the public provisions governing the application, permit the exemption of software media docket containing the petition, any processing, and disposition of petitions holders from the flammability test data comments received, and any final for exemption Part 11 of Title 14, Code requirements on Boeing Model 737, 747, disposition in person in the Dockets of Federal Regulations (14 CFR), this 757, 767, and 777 airplanes. Office between 9 a.m. and 5 p.m., notice contains a summary of certain Docket No.: FAA–2000–8070. Monday through Friday, except Federal petitions seeking relief from specified Petitioner: The Boeing Company. holidays. The Dockets Office (telephone

VerDate 112000 17:13 Oct 19, 2000 Jkt 194001 PO 00000 Frm 00062 Fmt 4703 Sfmt 4703 E:\FR\FM\20OCN1.SGM pfrm08 PsN: 20OCN1 63114 Federal Register / Vol. 65, No. 204 / Friday, October 20, 2000 / Notices

1–800–647–5527) is on the plaza level Budget Reconciliation Act of 1990) System, Airfield Pavement of the NASSIF Building at the (Pub. L. 101–508) and Part 158 of the Rehabilitation, Terminal Apron Department of Transportation at the Federal Aviation Regulations (14 CFR Reconstruction, Air Cargo Ramp above address. Also, you may review Part 158). Expansion, Radio Communication public dockets on the Internet at http:/ DATES: Comments must be received on System, Airport Master Plan, Update /dms.dot.gov. or before November 20, 2000. Noise Exposure Map. FOR FURTHER INFORMATION CONTACT: ADDRESSES: Comments on this Class or classes of air carriers which Forest Rawls (202) 267–8033, or application may be mailed or delivered the public agency has requested not be Vanessa Wilkins (202) 267–8029, Office in triplicate to the FAA at the following required to collect PFCs: Air Taxi. of Rulemaking (ARM–1), Federal address: Memphis Airports District Any person may inspect the Aviation Administration, 800 Office, 3385 Airways Boulevard, Suite application in person at the FAA office Independence Avenue, SW., 302, Memphis, TN 38116–3841. listed above under FOR FURTHER Washington, DC 20591. In addition, one copy of any INFORMATION CONTACT. This notice is published pursuant to comments submitted to the FAA must 14 CFR 11.85 and 11.91 of Part 11. be mailed or delivered to General In addition, any person may, upon request, inspect the application, notice Issued in Washington, DC, on October 17, William G. Moore, Jr., President of the 2000 Metropolitan Nashville Airport and other documents germane to the application in person at the Donald P. Byrne, Authority at the following address: One Metropolitan Nashville Airport Assistant Chief Counsel for Regulations. Terminal Drive, Suite 501, Nashville, TN 37214. Authority. Petitions for Exemption Air carriers and foreign air carriers Issued in Memphis, Tennessee on October Docket No.: FAA–2000–8062. may submit copies of written comments 13, 2000. Petitioner: The Boeing Company. previously provided to the Metropolitan LaVerne F. Reid, Section of 14 CFR Affected: 14 CFR Nashville Airport Authority under Manager, Memphis Airports District Office, 25.961(a)(5). section 158.23 of Part 158. Southern Region. Description of Relief Sought: To FOR FURTHER INFORMATION CONTACT: [FR Doc. 00–27059 Filed 10–19–00; 8:45 am] permit a maximum temperature Cynthia K. Wills, Program Manager, BILLING CODE 4910±13±M ° limitation of 80 F for JP–4 and Jet B Memphis Airports District Office, 3385 fuels for use on the Boeing Model 747– Airways Boulevard, Suite 302, 400/–400F equipped with Rolls Royce Memphis, TN 38116–3841, (901) 544– DEPARTMENT OF TRANSPORTATION RB211–524G–T/H–T engines. 3495 extension 16. The application may Docket No.: FAA–2000–8062. be reviewed in person at this same Federal Highway Administration Petitioner: The Boeing Company. location. Regulations Affected: 14 CFR Agency Information Collection 25.961(a)(5). SUPPLEMENTARY INFORMATION: The FAA Activities: Submission for OMB Review Description of Petition: To exempt the proposes to rule and invites public Boeing Company from the requirements comment on the application to impose AGENCY: Federal Highway of 14 CFR 25.961(a)(5) to allow a and use the revenue from a PFC at Administration (FHWA), DOT. Nashville International Airport under maximum temperature limitation of 80 ACTION: Notice. °F for JP–4 and Jet B fuels for use on the the provisions of the Aviation Safety and Capacity Expansion Act of 1990 Boeing Model 747–400/–400F equipped SUMMARY: (Title IX of the Omnibus Budget The FHWA has forwarded the with Rolls Royce RB211–524G–T/H–T information collection request described engines. Reconciliation Act of 1990) (Pub. L. 101–508) and Part 158 of the Federal in this notice to the Office of [FR Doc. 00–27061 Filed 10–19–00; 8:45 am] Aviation Regulations (14 CFR Part 158). Management and Budget (OMB) for BILLING CODE 4910±13±M On October 13, 2000, the FAA review and comment. We published a determined that the application to Federal Register Notice with a 60-day impose and use the revenue from a PFC public comment period on this DEPARTMENT OF TRANSPORTATION submitted by Metropolitan Nashville information collection on May 5, 2000 Airport Authority was substantially (65 FR 26269). We are required to Federal Aviation Administration complete within the requirements of publish this notice in the Federal § 158.25 of Part 158. The FAA will Register by the Paperwork Reduction Notice of Intent To Rule on Application Act of 1995. To Impose and Use the Revenue From approve or disapprove the application, a Passenger Facility Charge (PFC) at in whole or in part, no later than DATES: Please submit comments by Nashville International Airport, January 31, 2001. November 20, 2000. Nashville, TN The following is a brief overview of the application. ADDRESSES: You may send comments to AGENCY: Federal Aviation PFC Application No.: 01–08–C–00– the Office of Information and Regulatory Administration (FAA), DOT. BNA. Affairs, Office of Management and ACTION: Notice of intent to rule on Level of the proposed PFC: $3.00. Budget, 725 17th Street, NW., application. Proposed charge effective date: April Washington, DC 20503, Attention: DOT 1, 2002. Desk Officer. You are asked to comment SUMMARY: The FAA proposes to rule and Proposed charge expiration date: July on any aspect of this information invites public comment on the 1, 2002. collection, including: (1) Whether the application to impose and use revenue Total estimated net PFC revenue: proposed collection is necessary for the from a PFC at Nashville International $3,727,000. FHWA’s performance; (2) the accuracy Airport under the provisions of the Brief description of proposed of the estimated burdens; (3) ways for Aviation Safety and Capacity Expansion project(s): Design Fees Terminal Access the FHWA to enhance the quality, Act of 1990 (Title IX of the Omnibus Roadways, Baggage Information Display usefulness, and clarity of the collected

VerDate 112000 17:13 Oct 19, 2000 Jkt 194001 PO 00000 Frm 00063 Fmt 4703 Sfmt 4703 E:\FR\FM\20OCN1.SGM pfrm08 PsN: 20OCN1 Federal Register / Vol. 65, No. 204 / Friday, October 20, 2000 / Notices 63115 information; and (4) ways that the DEPARTMENT OF TRANSPORTATION regional management subsidiaries, and burdens could be minimized, including the motor passenger carriers jointly the use of electronic technology, Surface Transportation Board controlled by Coach and the 2 without reducing the quality of the [STB Docket No. MC±F±20974] management subsidiaries. In previous collected information. Board decisions, Coach management FOR FURTHER INFORMATION CONTACT: Stagecoach Holdings PLC and Coach subsidiaries, including Coach USA Carmen Sevier, (202) 366–1595, Civil USA, Inc., et al.ÐControlÐRoyal West West, Inc., have obtained authority to Rights Service Business Unit, Federal Tours & Cruises, Inc. control motor passenger carriers jointly 3 Highway Administration, 400 7th Street, with Coach. AGENCY: Surface Transportation Board, SW., Washington, DC 20590–0001. Applicants state that, on July 25, Transportation. Office hours are from 7:45 a.m. to 4:15 2000, Coach purchased all of the stock p.m., Monday through Friday, except ACTION: Notice tentatively approving of Royal, a motor passenger carrier Federal holidays. finance transaction. holding federally authorized operating authority. Simultaneously with that SUPPLEMENTARY INFORMATION: SUMMARY: Stagecoach Holdings PLC acquisition, Coach placed the stock of OMB Control Number: 2125–0019 (Stagecoach) and its subsidiary, Coach Royal into an independent voting trust. (Expiration Date: December 31, 2000). USA, Inc. (Coach), noncarriers, and The control transaction that is the Title: Federal-Aid Highway various subsidiaries of each subject of this application will not Construction Equal Employment (collectively, applicants), filed an involve any further transfer of the Opportunity. application under 49 U.S.C. 14303 to federal operating authority held by Abstract: Under the provisions of acquire control of Royal West Tours & Royal and will not entail any change in Title 23 U.S.C. Part 140(a), the Federal Cruises, Inc. (Royal), a motor passenger its operations.4 Royal will also be jointly Highway Administration (FHWA) is carrier. Persons wishing to oppose this controlled by Coach USA West, Inc. required to ensure equal opportunity in application must follow the rules under Applicants have submitted contractors’ employment practices on 49 CFR part 1182.5 and 1182.8. The information, as required by 49 CFR federal-aid highway projects. In order to Board has tentatively approved the 1182.2(a)(7), to demonstrate that the implement this provision of the law, transaction, and, if no opposing proposed acquisition of control is FHWA regulation, 23 CFR 230, Subpart comments are timely filed, this notice consistent with the public interest A, requires that contractors submit to will be the final Board action. under 49 U.S.C. 14303(b). Applicants State Departments of Transportation DATES: Comments must be filed by state that the proposed transaction will (State DOTs) an annual report providing December 4, 2000. Applicants may file not reduce competitive options, employment workforce data, which a reply by December 19, 2000. If no adversely impact fixed charges, or includes the number of minorities, comments are filed by December 4, adversely impact the interests of the women, and non-minority group 2000, this notice is effective on that employees of Royal. Applicants assert employees in each construction craft. date. that granting the application will allow The information is reported on Form Royal to take advantage of economies of ADDRESSES: Send an original and 10 PR–1391, Federal-Aid Highway scale and substantial benefits offered by copies of any comments referring to STB Construction Contractors Annual EEO applicants, including interest cost Docket No. MC–F–20974 to: Surface Report. The regulation also requires savings and reduced operating costs. In Transportation Board, Office of the State DOTs to submit an annual report addition, applicants have submitted all Secretary, Case Control Unit, 1925 K to FHWA summarizing PR–1391 data. of the other statements and Street, N.W., Washington, DC 20423– This summary is provided on Form PR– certifications required by 49 CFR 0001. In addition, send one copy of any 1392, Federal-aid Highway 1182.2. Additional information, comments to applicants’ Construction, Summary of Employment including a copy of the application, may representatives: Betty Jo Christian and Data. be obtained from the applicants’ David H. Coburn, Steptoe & Johnson Affected Public: Approximately 4,500 representatives. LLP, 1330 Connecticut Avenue, N.W., Federal-aid contractors and 52 State Under 49 U.S.C. 14303(b), we must Washington, DC 20036–1795. Departments of Transportation. approve and authorize a transaction we Estimated Total Annual Burden FOR FURTHER INFORMATION CONTACT: Hours: 3,916. FHWA estimates that Joseph H. Dettmar (202) 565–1600. [TDD Limited, Stagecoach Nevada, and SCH US Holdings Corp. approximately 4,500 federal-aid for the hearing impaired: 1–800–877– 8339.] 2 See Stagecoach Holdings PLC—Control—Coach contractors are required to complete and USA, Inc., et al., STB Docket No. MC–F–20948 (STB submit Form PR–1391 for SUPPLEMENTARY INFORMATION: served July 22, 1999). approximately 7,000 projects and that Stagecoach is a public limited 3 See Coach USA, Inc. and Coach USA North Central, Inc.—Control—Nine Motor Carriers of each report takes approximately 30 corporation organized under the laws of Passengers, STB Docket No. MC–F–20931, et al. minutes. In addition, FHWA estimates Scotland. With operations in several (STB served July 14, 1999). that it takes each State DOT countries, Stagecoach is one of the 4 Royal is a Florida corporation, based in San approximately 8 hours to complete and world’s largest providers of passenger Diego, CA. It holds federally-issued operating authority in Docket No. MC–239135, authorizing it submit Form PR–1392. transportation services. Stagecoach had to provide charter and special services between Authority: The Paperwork Reduction Act annual revenues of $3.29 billion for the points in the United States, as well as regular route of 1995; 44 U.S.C. Chapter 35, as amended; fiscal year ending April 30, 2000. Coach service between specified points in California and is a Delaware corporation that currently other southwestern states. Royal also holds and 49 CFR 1.48. intrastate operating authority issued by the Issued on: October 16, 2000. controls over 80 motor passenger California Public Service Commission. Royal carriers. operates a fleet of 29 buses and one van and James R. Kabel, Stagecoach and its subsidiaries employs approximately 56 employees. Its Chief, Management Programs and Analysis currently control Coach,1 its noncarrier operations are composed primarily of charter Division. services provided in California and between California and other states. For the 12-month period [FR Doc. 00–26996 Filed 10–19–00; 8:45 am] 1 Stagecoach controls Coach through various ended June 30, 2000, Royal earned operating BILLING CODE 4910±22±P subsidiaries, namely, SUS 1 Limited, SUS 2 revenues of approximately $3.6 million.

VerDate 112000 17:13 Oct 19, 2000 Jkt 194001 PO 00000 Frm 00064 Fmt 4703 Sfmt 4703 E:\FR\FM\20OCN1.SGM pfrm08 PsN: 20OCN1 63116 Federal Register / Vol. 65, No. 204 / Friday, October 20, 2000 / Notices find consistent with the public interest, DEPARTMENT OF TRANSPORTATION under 49 CFR 1152.27(c)(2),2 and trail taking into consideration at least: (1) use/rail banking requests under 49 CFR The effect of the transaction on the Surface Transportation Board 1152.29 must be filed by October 30, adequacy of transportation to the public; 2000. Petitions to reopen or requests for (2) the total fixed charges that result; [STB Docket No. AB±414 (Sub-No. 3X)] public use conditions under 49 CFR and (3) the interest of affected carrier 1152.28 must be filed by November 9, employees. Iowa Interstate Railroad, Ltd.Ð 2000, with: Surface Transportation Abandonment ExemptionÐin Marion Board, Office of the Secretary, Case On the basis of the application, we and Jasper Counties, IA find that the proposed acquisition of Control Unit, 1925 K Street, N.W., control is consistent with the public Iowa Interstate Railroad, Ltd. (IAIS) Washington, DC 20423. interest and should be authorized. If any has filed a notice of exemption under 49 A copy of any petition filed with the opposing comments are timely filed, CFR Part 1152 Subpart F—Exempt Board should be sent to applicant’s this finding will be deemed vacated Abandonments and Discontinuances to representative: T. Scott Bannister, 1300 and, unless a final decision can be made abandon a 13.36-mile line of railroad Des Moines Building, 405—Sixth on the record as developed, a between milepost 123.50 near Otley and Avenue, Des Moines, IA 50309. milepost 136.86 near Prairie City, in procedural schedule will be adopted to If the verified notice contains false or Marion and Jasper Counties, IA. The reconsider the application. See 49 CFR misleading information, the exemption line traverses United States Postal 1182.6(c). If no opposing comments are is void ab initio. filed by the expiration of the comment Service Zip Codes 50170, 50214, 50219 IAIS has filed an environmental period, this decision will take effect and 50228. report which addresses the automatically and will be the final IAIS has certified that: (1) No local abandonment’s effects, if any, on the Board action. traffic has moved over the line for at least 2 years; (2) there is no overhead environment and historic resources. The Board decisions and notices are traffic on the line; (3) no formal Section of Environmental Analysis available on our website at complaint filed by a user of rail service (SEA) will issue an environmental ‘‘WWW.STB.DOT.GOV.’’ on the line (or by a state or local assessment (EA) by October 25, 2000. This decision will not significantly government entity acting on behalf of Interested persons may obtain a copy of affect either the quality of the human such user) regarding cessation of service the EA by writing to SEA (Room 500, environment or the conservation of over the line either is pending with the Surface Transportation Board, energy resources. Surface Transportation Board (Board) or Washington, DC 20423) or by calling with any U.S. District Court or has been It is ordered: SEA, at (202) 565–1545. Comments on decided in favor of complainant within environmental and historic preservation 1. The proposed acquisition of control the 2-year period; and (4) the matters must be filed within 15 days is approved and authorized, subject to requirements at 49 CFR 1105.7 after the EA becomes available to the the filing of opposing comments. (environmental reports), 49 CFR 1105.8 public. 2. If timely opposing comments are (historic reports), 49 CFR 1105.11 Environmental, historic preservation, filed, the findings made in this decision (transmittal letter), 49 CFR 1105.12 public use, or trail use/rail banking will be deemed as having been vacated. (newspaper publication), and 49 CFR 1152.50(d)(1) (notice to governmental conditions will be imposed, where 3. This decision will be effective on agencies) have been met. appropriate, in a subsequent decision. December 4, 2000, unless timely As a condition to this exemption, any Pursuant to the provisions of 49 CFR opposing comments are filed. employee adversely affected by the 1152.29(e)(2), IAIS shall file a notice of 4. A copy of this notice will be served abandonment shall be protected under consummation with the Board to signify on: (1) The U.S. Department of Oregon Short Line R. Co.— that it has exercised the authority Transportation, Federal Motor Carrier Abandonment—Goshen, 360 I.C.C. 91 granted and fully abandoned the line. If Safety Administration—MC–RI, 400 (1979). To address whether this consummation has not been effected by Virginia Avenue, S.W., Suite 600, condition adequately protects affected IAIS’s filing of a notice of Washington, DC 20024; (2) the U.S. employees, a petition for partial consummation by October 20, 2001, and Department of Justice, Antitrust revocation under 49 U.S.C. 10502(d) there are no legal or regulatory barriers Division, 10th Street & Pennsylvania must be filed. Provided no formal to consummation, the authority to Avenue, N.W., Washington, DC 20530; expression of intent to file an offer of abandon will automatically expire. and (3) the U.S. Department of financial assistance (OFA) has been Board decisions and notices are Transportation, Office of the General received, this exemption will be available on our website at Counsel, 400 7th Street, S.W., effective on November 21, 2000, unless ‘‘WWW.STB.DOT.GOV.’’ Washington, DC 20590. stayed pending reconsideration. Petitions to stay that do not involve Decided: October 13, 2000. Decided: October 13, 2000. 1 environmental issues, formal By the Board, David M. Konschnik, By the Board, Chairman Morgan, Vice expressions of intent to file an OFA Director, Office of Proceedings. Chairman Burkes, and Commissioner Vernon A. Williams, Clyburn. 1 The Board will grant a stay if an informed Vernon A. Williams, decision on environmental issues (whether raised Secretary. by a party or by the Board’s Section of [FR Doc. 00–27069 Filed 10–19–00; 8:45 am] Secretary. Environmental Analysis in its independent [FR Doc. 00–27070 Filed 10–19–00; 8:45 am] investigation) cannot be made before the BILLING CODE 4915±00±P exemption’s effective date. See Exemption of Out- BILLING CODE 4195±00±P of-Service Rail Lines, 5 I.C.C.2d 377 (1989). Any request for a stay should be filed as soon as possible 2 Each offer of financial assistance must be so that the Board may take appropriate action before accompanied by the filing fee, which currently is the exemption’s effective date. set at $1000. See 49 CFR 1002.2(f)(25).

VerDate 112000 13:06 Oct 19, 2000 Jkt 194001 PO 00000 Frm 00065 Fmt 4703 Sfmt 4703 E:\FR\FM\20OCN1.SGM pfrm04 PsN: 20OCN1 Federal Register / Vol. 65, No. 204 / Friday, October 20, 2000 / Notices 63117

DEPARTMENT OF TRANSPORTATION Each trail use request must be (Public Law 72–363; 5 U.S.C. App. 2) accompanied by a $150 filing fee. See 49 notice is hereby given of a meeting of Surface Transportation Board CFR 1002.2(f)(27). the Bureau of Transportation Statistics [STB Docket No. AB±303 (Sub±No. 22X)] All filings in response to this notice (BTS) Advisory Council on must refer to STB Docket No. AB–303 Transportation Statistics (ACTS) to be Wisconsin Central Ltd.ÐAbandonment (Sub-No. 22X) and must be sent to: (1) held Tuesday, October 31, 2000, 10 a.m. ExemptionÐin Calumet and Brown Surface Transportation Board, Office of to 4 p.m. The meeting will take place at Counties, WI the Secretary, Case Control Unit, 1925 K the U.S. Department of Transportation, Street, NW., Washington, DC 20423– 400 Seventh Street, SW., Washington, On October 2, 2000, Wisconsin 0001; and (2) Michael J. Barron, Jr., P.O. DC, in conference room 10234–10238 of Central Ltd. (WCL) filed with the Box 5062, Rosemont, IL 60017–5062. the Nassif Building. Surface Transportation Board (Board) a Replies to the WCL petition are due on The Advisory Council, called for petition under 49 U.S.C. 10502 for or before November 9, 2000. exemption from the provisions of 49 Persons seeking further information under section 6007 of Public Law 102– U.S.C. 10903–05 1 to abandon a line of concerning abandonment procedures 240, Intermodal Surface Transportation railroad known as the Hilbert-Greenleaf may contact the Board’s Office of Public Efficiency Act of 1991, December 18, Line, extending between milepost 170.4 Services at (202) 565–1592 or refer to 1991, and chartered on June 19, 1995, at Hilbert and milepost 183 at Greenleaf, the full abandonment or discontinuance was created to advise the Director of in Calumet and Brown Counties, WI, a regulations at 49 CFR part 1152. BTS on transportation statistics and distance of 12.6 miles. The line Questions concerning environmental analyses, including whether or not the traverses U.S. Postal Service Zip Codes issues may be directed to the Board’s statistics and analysis disseminated by 54129, 54123 and 54126, and includes Section of Environmental Analysis the Bureau are of high quality and are the station at Greenleaf (milepost 183). (SEA) at (202) 565–1545. [TDD for the based upon the best available objective The line does not contain federally hearing impaired is available at 1–800– information. granted rights-of-way. Any 877–8339.] The agenda for this meeting will documentation in WC’s possession will An environmental assessment (EA) (or include, Director’s programs update, be made available promptly to those environmental impact statement (EIS), if Advisory Council report to the Director, requesting it. necessary) prepared by SEA will be data gaps, identification of substantive The interest of railroad employees served upon all parties of record and issues, review of plans and schedule, will be protected by the conditions set upon any agencies or other persons who other items of interest, discussion and forth in Oregon Short Line R. Co.— commented during its preparation. agreement of date(s) for subsequent Abandonment—Goshen, 360 I.C.C. 91 Other interested persons may contact meetings, and comments from the floor. SEA to obtain a copy of the EA (or EIS). (1979). Since access to the DOT building is By issuing this notice, the Board is EAs in these abandonment proceedings controlled, all persons who plan to instituting an exemption proceeding normally will be made available within attend the meeting must notify Ms. pursuant to 49 U.S.C. 10502(b). A final 60 days of the filing of the petition. The Lillian ‘‘Pidge’’ Chapman, Council decision will be issued by January 19, deadline for submission of comments on Liaison, on (202) 366–1270 prior to 2001. the EA will generally be within 30 days October 27, 2000. Attendance is open to Any offer of financial assistance of its service. the interested public but limited to (OFA) under 49 CFR 1152.27(b)(2) will Board decisions and notices are space available. With the approval of be due no later than 10 days after available on our website at the Chair, members of the public may service of a decision granting the ‘‘WWW.STB.DOT.GOV.’’ present oral statements at the meeting. petition for exemption. Each OFA must Decided: October 12, 2000. Noncommittee members wishing to be accompanied by a $1,000 filing fee. By the Board, David M. Konschnik, present oral statements, obtain See 49 CFR 1002.2(f)(25). Director, Office of Proceedings. All interested persons should be information, or who plan to access the Vernon A. Williams, building to attend the meeting should aware that, following abandonment of Secretary. rail service and salvage of the line, the also contact Ms. Chapman. [FR Doc. 00–26917 Filed 10–19–00; 8:45 am] line may be suitable for other public Members of the public may present a use, including interim trail use. Any BILLING CODE 4915±00±P written statement to the Council at any request for a public use condition under time. 49 CFR 1152.28 or for trail use/rail DEPARTMENT OF TRANSPORTATION Persons with a disability requiring banking under 49 CFR 1152.29 will be special services, such as an interpreter due no later than November 9, 2000. Bureau of Transportation Statistics for the hearing impaired, should contact Ms. Chapman (202) 366–1270 at least 1 WCL’s petition states that it seeks exemption Advisory Council on Transportation seven days prior to the meeting. from the provisions of 49 U.S.C. 10903–05, thus Statistics evidently including exemption from the offer of Issued in Washington, DC, on October 16, financial assistance (OFA) requirements of 49 AGENCY: Bureau of Transportation 2000. U.S.C. 10904 and the public use requirements of 49 Statistics, DOT. U.S.C. 10905. WCL has not submitted evidence to Ashish Sen, establish that the proposed exemptions from the ACTION: Notice of meeting. Director. sections 10904 and 10905 meet the criteria of 49 U.S.C. 10502. Therefore, its request as to those two SUMMARY: Pursuant to section 10(A)(2) [FR Doc. 00–26955 Filed 10–19–00; 8:45 am] provisions will not be considered. of the Federal Advisory Committee Act BILLING CODE 4910±01±P

VerDate 112000 17:13 Oct 19, 2000 Jkt 194001 PO 00000 Frm 00066 Fmt 4703 Sfmt 4703 E:\FR\FM\20OCN1.SGM pfrm08 PsN: 20OCN1 63118

Corrections Federal Register Vol. 65, No. 204

Friday, October 20, 2000

This section of the FEDERAL REGISTER October 6, 2000, make the following DEPARTMENT OF JUSTICE contains editorial corrections of previously correction: published Presidential, Rule, Proposed Rule, On page 59757, above and below the Immigration and Naturalization Service and Notice documents. These corrections are heading, ‘‘C. Trip Limits in the Open prepared by the Office of the Federal 8 CFR Parts 204 and 245 Register. Agency prepared corrections are Access Fishery’’ add five (5) asterisks. issued as signed documents and appear in [FR Doc. C0–25631 Filed 10–19–00; 8:45 am] [INS No. 2048-00] the appropriate document categories BILLING CODE 1505±01±D elsewhere in the issue. RIN 1115-AF75

DEPARTMENT OF ENERGY National Interest Waivers for Second Preference Employment-Based DEPARTMENT OF COMMERCE Federal Energy Regulatory Immigrant Physicians Serving in Commission Medically Underserved Areas or at National Oceanic and Atmospheric Department of Veterans Affairs Administration Notice of Compliance Filing Facilities 50 CFR Parts 600 and 660 Correction Correction In notice document 00–26057 In the issue of Tuesday, September [Docket No. 9912233477±9347; I.D. 092800C] beginning on page 60415 in the issue of 26, 2000, on page 57861, in the second Wednesday, October 11, 2000, make the column, in the correction of rule Fisheries off West Coast States and in following correction: document 00-22832, entry 4. should the Western Pacific; Pacific Coast On page 60415, in the third column, read ‘‘4. On the same page, in the Groundfish Fishery; Trip Limit in the first paragraph, in the first line second column, §245.18(18)(h)(1), in the Adjustments ‘‘RM9–1–014, RP00–23–’’ should read fourth line after ‘‘period’’, ‘‘of’’ should Correction ‘‘RM96–1–014, RP01–23–’’ read ‘‘or’’.’’ In rule document 00–25631 beginning [FR Doc. C0–26057 Filed 10–19–00; 8:45 am] [FR Doc. C0–22832 Filed 10–19–00; 8:45 am] on page 59752, in the issue of Friday, BILLING CODE 1505±01±D BILLING CODE 1505±01±D

VerDate 112000 13:15 Oct 19, 2000 Jkt 194001 PO 00000 Frm 00001 Fmt 4734 Sfmt 4734 E:\FR\FM\20OCCX.SGM pfrm04 PsN: 20OCCX Friday, October 20, 2000

Part II

Department of the Treasury Office of the Comptroller of the Currency

Office of Thrift Supervision Federal Reserve System Federal Deposit Insurance Corporation 12 CFR Parts 41, 222, 334 and 571 Fair Credit Reporting Regulations; Proposed Rule

VerDate 112000 13:23 Oct 19, 2000 Jkt 194001 PO 00000 Frm 00001 Fmt 4737 Sfmt 4737 E:\FR\FM\20OCP2.SGM pfrm04 PsN: 20OCP2 63120 Federal Register / Vol. 65, No. 204 / Friday, October 20, 2000 / Proposed Rules

DEPARTMENT OF THE TREASURY explain how to comply with the affiliate between 9:00 a.m. and 4:30 p.m. on information sharing provisions, business days. Office of the Comptroller of the addressing such matters as the content Comments may be submitted to the Currency and delivery of the notice to consumers FDIC electronically over the Internet at that ‘‘other’’ information may be www.fdic.gov. Further information 12 CFR Part 41 communicated (opt out notice). The concerning this option may be found [Docket No. 00±20] proposed regulations also implement below at ‘‘FDIC’s Electronic Public certain related provisions. The Agencies Comment Site.’’ Comments also may be RIN 1557±AB78 have attempted to conform these mailed electronically to proposed regulations to the final [email protected]. FEDERAL RESERVE SYSTEM regulations implementing the privacy OTS: Mail: Send comments to provisions of the Gramm-Leach-Bliley Manager, Dissemination Branch, 12 CFR Part 222 Act whenever feasible. Information Management and Services [Regulation V; Docket No. R±1082] DATES: Comments must be received by Division, Office of Thrift Supervision, December 4, 2000. 1700 G Street, NW., Washington, DC FEDERAL DEPOSIT INSURANCE ADDRESSES: Comments should be 20552, Attention Docket No. 2000–81. CORPORATION directed to: Delivery: Hand deliver comments to the Guard’s Desk, East Lobby Entrance, 12 CFR Part 334 OCC: Communications Division, Office of the Comptroller of the 1700 G Street, NW., from 9:00 a.m. to RIN 3064±AC35 Currency, 250 E Street, SW., 4:00 p.m. on business days, Attention Washington, D.C. 20219, Attention: Docket No. 2000–81. DEPARTMENT OF THE TREASURY Docket No. 00–20; FAX number (202) Facsimiles: Send facsimile 874–5274 or Internet address: transmissions to FAX Number (202) Office of Thrift Supervision [email protected]. 906–7755, Attention Docket No. 2000– Comments may be inspected and 81; or (202) 906–6956 (if comments are 12 CFR Part 571 photocopied at the OCC’s Public over 25 pages). [Docket No. 2000±81] Reference Room, 250 E Street, SW., E-Mail: Send e-mails to Washington D.C. between 9:00 a.m. and ‘‘[email protected]’’, Attention RIN 1550±AB33 5:00 p.m. on business days. You can Docket No. 2000–81, and include your name and telephone number. Fair Credit Reporting Regulations make an appointment to inspect the comments by calling (202) 874–5043. Public Inspection: Interested persons may inspect comments at the Public AGENCIES: Office of the Comptroller of Board: Comments, which should refer the Currency, Treasury (OCC); Board of to Docket No. R–1082, may be mailed to Reference Room, 1700 G St. N.W., from Governors of the Federal Reserve Ms. Jennifer J. Johnson, Secretary, Board 10:00 a.m. until 4:00 p.m. on Tuesdays System (Board); Federal Deposit of Governors of the Federal Reserve and Thursdays or obtain comments and/ Insurance Corporation (FDIC); and System, 20th and C Streets, NW., or an index of comments by facsimile by Office of Thrift Supervision, Treasury Washington, D.C. 20551 or mailed telephoning the Public Reference Room (OTS). electronically to at (202) 906–5900 from 9:00 a.m. until [email protected]. 5:00 on business days. Comments and ACTION: Joint notice of proposed the related index will also be posted on rulemaking. Comments addressed to Ms. Johnson also may be delivered to the Board’s the OTS Internet Site at SUMMARY: The OCC, Board, FDIC, and mail room between 8:45 a.m. and 5:15 ‘‘www.ots.treas.gov’’. OTS (Agencies) are publishing for p.m. and to the security control room FOR FURTHER INFORMATION CONTACT: comment proposed regulations outside of those hours. Both the mail OCC: Amy Friend, Assistant Chief implementing the provisions of the Fair room and the security control room are Counsel, (202) 874–5200; Michael Credit Reporting Act (FCRA) that permit accessible from the courtyard entrance Bylsma, Director, Community and institutions to communicate consumer on 20th Street between Constitution Consumer Law, (202) 874–5750; information to their affiliates (affiliate Avenue and C Street, NW. Comments Stephen Van Meter, Senior Attorney, information sharing) without incurring may be inspected in Room MP–500 Community and Consumer Law, (202) the obligations of consumer reporting between 9:00 a.m. and 5:00 p.m., 874–5750; Carol Workman, Compliance agencies. These provisions authorize pursuant to § 261.12, except as provided Specialist, Community and Consumer institutions to communicate among in § 261.14, of the Board’s Rules Policy, (202) 874–4858; Deborah Katz, their affiliates: Information as to Regarding the Availability of Senior Attorney, Legislative and transactions or experiences between the Information, 12 CFR 261.12 and 261.14. Regulatory Activities Division, (202) consumer and the person making the FDIC: Send written comments to 874–5090; or Jeffery Abrahamson, communication (transaction or Robert E. Feldman, Executive Secretary, Attorney, Enforcement and Compliance, experience information); and ‘‘other’’ Attention: Comments/OES, Federal (202) 874–4800, Office of the information (that is, information Deposit Insurance Corporation, 550 17th Comptroller of the Currency, 250 E covered by the FCRA but not transaction Street, NW., Washington, DC 20429. Street, SW., Washington, DC 20219. or experience information), provided Comments may be hand delivered to the Board: James H. Mann, Senior that the institution has given notice to guard station at the rear of the 17th Attorney, (202) 452–2412; or David A. the consumer that the other information Street building (located on F Street) on Stein, Attorney, (202) 452–3667, may be communicated, the institution business days between 7 a.m. and 5 p.m. Division of Consumer and Community has provided the consumer an (FAX number (202) 898–3838). Affairs. For the hearing impaired only, opportunity to ‘‘opt out’’ (i.e., to direct Comments may be inspected and contact Janice Simms, that the information not be photocopied in the FDIC Public Telecommunications Device for the Deaf communicated), and the consumer has Information Center, Room 100, 801 17th (TDD) (202) 872–4984, Board of not opted out. The proposed regulations Street, NW., Washington, DC 20429, Governors of the Federal Reserve

VerDate 112000 13:23 Oct 19, 2000 Jkt 194001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4702 E:\FR\FM\20OCP2.SGM pfrm04 PsN: 20OCP2 Federal Register / Vol. 65, No. 204 / Friday, October 20, 2000 / Proposed Rules 63121

System, 20th and C Streets, NW., opportunity to opt out, did not opt out. Board, predecessor of the OTS) issued Washington, DC 20551. ‘‘Other information’’ refers to in 1971. These were designed to help FDIC: James K. Baebel, Assistant information that is covered by the FCRA financial institutions develop a working Director, Compliance Policy, Division of and that is not a report containing knowledge of the statute. The Agencies Compliance and Consumer Affairs, information solely as to transactions or will modify or withdraw any Qs & As (202) 942–3086; Deanna Caldwell, experiences between the consumer and that are inconsistent with the FCRA or Community Affairs Officer, Division of the person making the report. obsolete. Compliance and Consumer Affairs, The 1996 Amendments prohibited the (202) 736–0141; Nancy Schucker Agencies from issuing implementing II. Section-by-Section Analysis Recchia, Counsel, Regulations and regulations. 15 U.S.C. 1681s(a)(4) Section l.1 Purpose and Scope Legislation Section, (202) 898–8885; A. (repealed). The Gramm-Leach-Bliley Act Ann Johnson, Counsel, Regulations and (GLBA) repealed this prohibition and Proposed paragraph ll.1(a) briefly Legislation Section, (202) 898–3573; and directed the Agencies to prescribe describes the purpose of the regulations. David Lafleur, Senior Compliance jointly such regulations as necessary to Proposed paragraph ll.1(b) briefly Examiner, (415) 395–5261, Federal carry out the purposes of the FCRA. describes the scope of the regulations, Deposit Insurance Corporation, 550 17th Pub. L. Sec. 506, 106–102, 15 U.S.C. including the information and Street, NW., Washington, DC 20429. 1681s(e). institutions subject to them. (These OTS: Christine Harrington, Counsel institutions are identified in more detail (Banking and Finance), (202) 906–7957; Coordination With Privacy Regulations in proposed section ll.3(m) of the Paul Robin, Assistant Chief Counsel, The GLBA sets standards for financial Board, FDIC, and OTS regulations.) (202) 906–6648; or Elizabeth Baltierra, institutions’ disclosure of nonpublic Paragraph ll.1(b) also provides that Program Analyst, Compliance Policy personal information to nonaffiliated nothing in this part modifies, limits, or (202) 906–6540, Office of Thrift third parties (privacy provisions; Pub. L. supersedes the standards governing the Supervision, 1700 G Street, NW., 106–102, 15 U.S.C. 6802; see also 15 privacy of individually identifiable Washington DC 20552. U.S.C. 6803). The Agencies published health information promulgated by the SUPPLEMENTARY INFORMATION: final regulations implementing these Secretary of Health and Human Services privacy provisions on June 1, 2000 I. Background pursuant to sections 262 and 264 of the (privacy regulations; 65 FR 35162, June Health Insurance Portability and The FCRA 1, 2000). Accountability Act (HIPAA) of 1996 (42 The privacy regulations do not The FCRA, enacted in 1970, sets U.S.C. 1320d–1320d–8). Certain ‘‘modify, limit, or supersede the standards for the collection, institutions that possess medical operation of the Fair Credit Reporting communication, and use of information information about consumers may be Act.’’ 15 U.S.C. 6806. Thus, both the bearing on a consumer’s credit covered by these regulations, the GLBA privacy regulations and the FCRA may worthiness, credit standing, credit privacy regulations, and rules apply to an institution’s disclosure of capacity, character, general reputation, promulgated by the Department of consumer information. Moreover, if a personal characteristics, or mode of Health and Human Services (HHS) financial institution provides an opt out living. 15 U.S.C. 1681–1681u. In 1996, under the authority of sections 262 and notice under the FCRA, that notice must the Consumer Credit Reporting Reform 264 of HIPAA once those regulations are be included in certain notices mandated Act amended the FCRA extensively finalized. Based on the proposed HIPAA by the privacy regulations, including (1996 Amendments). Pub. L. 104–208, rules, it appears likely that there will be annual notices to customers. 15 U.S.C. 110 Stat. 3009. areas of overlap between the HIPAA and 6803. Therefore, the Agencies anticipate For many years, to avoid the the FCRA affiliate information-sharing that financial institutions will design obligations of consumer reporting rules. For instance under the HIPAA their information-sharing policies and agencies imposed by the FCRA, many proposal, consumers must provide practices taking into account both the institutions avoided making any affirmative authorization before a privacy regulations and the regulations communications to affiliated companies ‘‘covered institution’’ or its ‘‘business of consumer information that could implementing the FCRA. To ease compliance and promote partner’’ may disclose medical constitute consumer reports.1 The 1996 information in certain instances, Amendments, however, excluded consistency, the Agencies are conforming the two regulations where whereas under these proposed FCRA specified types of information sharing affiliate information sharing rules, with affiliates from the definition of appropriate. For example, the Agencies are proposing requirements regarding institutions need only provide ‘‘consumer report,’’ assuring institutions consumers with the opportunity to opt that making these communications the content and delivery of the FCRA opt out notice that are generally out of disclosures. In cases where the would not expose them to the HIPAA requires consumers to opt in obligations of consumer reporting consistent with the corresponding provisions of the privacy regulations. before certain information may be agencies. In particular, the 1996 shared, but this rule allows consumers Amendments excluded from the This Proposal and Future Agency to opt out of the same sharing, opt in definition of ‘‘consumer report’’ the Issuances would be necessary before the sharing of ‘‘other’’ information among The FCRA raises many significant information may be shared. The affiliates, so long as the consumer, issues in addition to affiliate Agencies will consult with HHS to having been given notice and an information sharing. The Agencies are avoid the imposition of duplicative or inconsistent requirements. 1 The FCRA creates substantial obligations for analyzing these issues and expect to ‘‘consumer reporting agencies.’’ FCRA, section address them in an Advance Notice of Section l.2 Examples 603(f); see, e.g., sections 607, 611. These obligations Proposed Rulemaking. Additionally, the include furnishing consumer reports only for Agencies will review a series of Proposed section l.2 clarifies that the permissible purposes, maintaining high standards for ensuring the accuracy of information in questions and answers regarding the examples used in the regulations and in consumer reports, resolving customer disputes, and FCRA (Qs & As) that the Agencies the sample notice are not exclusive other matters. (including the Federal Home Loan Bank means of compliance; rather, they are

VerDate 112000 13:23 Oct 19, 2000 Jkt 194001 PO 00000 Frm 00003 Fmt 4701 Sfmt 4702 E:\FR\FM\20OCP2.SGM pfrm04 PsN: 20OCP2 63122 Federal Register / Vol. 65, No. 204 / Friday, October 20, 2000 / Proposed Rules intended to provide guidance on how to exercised over individuals, government Paragraph (g)(2)(iii) excludes any comply in specific situations. agencies, and other persons that do not communication of ‘‘opt out The Agencies solicit comment on fit within the definition of ‘‘company.’’ information’’ if the conditions set out in whether to include additional or Comment is solicited on whether the sections l.4–l.9 are satisfied. The different examples, and, more proposed definition of ‘‘control’’ should FCRA, as explained above, uses the term fundamentally, on whether including be expanded to apply to these ‘‘other information’’ to refer to examples in the regulations is additional types of persons. information that it covers but that is not appropriate and useful. Instead of Clear and Conspicuous transaction or experience information. addressing specific fact situations This proposal refers to ‘‘other through such examples, the Agencies Proposed paragraph (c) defines ‘‘clear information’’ using the more descriptive could periodically issue interagency and conspicuous’’ to mean that a notice term ‘‘opt out information.’’ See staff commentaries or questions and must be reasonably understandable and proposed paragraph (k). answers. designed to call attention to the nature The Agencies note that an example and significance of the information it Opt Out that mentions a particular activity does contains. The proposed regulations do Proposed paragraph (j) defines this not, by itself, authorize an institution to not mandate the use of any particular term to mean a direction by a consumer engage in that activity. Any such technique for making a notice clear and that an institution not communicate opt authority must have an independent conspicuous; instead, they give out information about the consumer to source. institutions flexibility in determining one or more of the institution’s how to comply. An institution may Section l.3 Definitions affiliates. make its notice reasonably Discussed below are a few key understandable by, for example, using Opt Out Information definitions, including: ‘‘affiliate’’ (as short explanatory sentences or bullet As described above, the 1996 well as the related terms ‘‘company’’ lists and avoiding legal or highly Amendments to FCRA excluded from and ‘‘control’’); ‘‘clear and technical business terminology the definition of ‘‘consumer report’’ the conspicuous’’; ‘‘opt out’’; ‘‘opt out whenever possible. An institution may sharing of ‘‘other information’’ among information’’; and ‘‘consumer report.’’ design its notice to call attention to the affiliates, so long as the consumer, The proposal tracks the statutory nature and significance of the having been given notice and an language referring to ‘‘transaction or information in the notice by, for opportunity to opt out, did not opt out. experience information,’’ but does not example, using a plain-language ‘‘Other information’’ refers to define that term. heading and a typeface and size that are information that is covered by the FCRA Affiliate easy to read. and that is not a report containing Paragraph (c) is consistent with the information solely as to transactions or Several FCRA provisions apply to ‘‘clear and conspicuous’’ standard in the experiences between the consumer and information sharing with persons privacy regulations. As such, it offers a the person making the report. The ‘‘related by common ownership or more detailed exposition of the standard proposed regulation uses the term ‘‘opt affiliated by corporate control,’’ ‘‘related (particularly with respect to what makes out information’’ to describe this by common ownership or affiliated by a notice ‘‘conspicuous’’) than some category of information. common corporate control,’’ or other regulations, such as the Board’s Proposed paragraph (k) defines opt ‘‘affiliated by common ownership or Regulation Z. However, laws other than out information as information that (i) common corporate control.’’ E.g., FCRA, FCRA—for example, the Truth in bears on a consumer’s credit worthiness, sections 603(d)(2), 615(b)(2), and Lending Act—that require clear and credit standing, credit capacity, 624(b)(2). Proposed paragraph (b) conspicuous disclosures, are beyond the character, general reputation, personal defines ‘‘affiliate’’ to refer to all these scope of this rulemaking. Accordingly, characteristics, or mode of living, (ii) is relationships between and among the standard proposed here does not used or expected to be used or collected companies, and clarifies that ‘‘related or affect disclosures required by those for one of the permissible purposes affiliated by common ownership or laws. listed in FCRA (e.g., credit transaction, affiliated by corporate control or The Agencies request comment on insurance underwriting, employment common corporate control’’ means whether institutions have any particular purposes), and (iii) is not solely controlling, controlled by, or under concerns about compliance with FCRA’s transaction or experience information. common control with another company. clear and conspicuous standard when Section ll.5(d) gives examples of Consistent with the definitions in the FCRA opt out notices are included with categories of information that qualify as privacy regulations, the proposal uses a the GLBA privacy provision notices. definition of ‘‘control’’ that applies opt out information. Consumer Report exclusively to the control of a Section l.4 Communication of Opt ‘‘company,’’ and defines ‘‘company’’ to Proposed paragraph (g) parallels the Out Information to Affiliates include any corporation, limited definition in section 603(d) of the Proposed section l.4 describes the liability company, business trust, FCRA. Paragraph (g)(2)(ii) excludes from conditions that an institution must meet general or limited partnership, the definition of ‘‘consumer report’’ to ensure that its communication of opt association, or similar organization. See communication among affiliates of a out information to its affiliates do not proposed paragraphs (e) (‘‘company’’) report containing information solely as constitute consumer reports including and (i) (‘‘control’’). The definition of to transactions or experiences between ‘‘company’’ omits some entities that are the consumer and the person making 2 own transaction or experience information to ‘‘persons’’ under the FCRA— the report. another affiliate directly only in the same manner individuals, estates, cooperatives, as an entity can disclose information to a governments, and governmental 2 Prior to the 1996 amendments to FCRA, nonaffiliated third party. While transaction or affiliated entities could not pool their transaction or experience information has been excluded from the subdivisions or agencies. The Agencies, experience information in a common database definition of ‘‘consumer report’’ since the FCRA’s however, are not aware of any without being considered a consumer reporting initial passage, the 1996 amendments facilitated the circumstances where ‘‘control’’ could be agency. Instead, each affiliate could disclose its disclosure of such information among affiliates.

VerDate 112000 13:23 Oct 19, 2000 Jkt 194001 PO 00000 Frm 00004 Fmt 4701 Sfmt 4702 E:\FR\FM\20OCP2.SGM pfrm04 PsN: 20OCP2 Federal Register / Vol. 65, No. 204 / Friday, October 20, 2000 / Proposed Rules 63123 the requirement that the institution section l.6, below, for additional (d)(2). Comment is requested as to the provide an opt out notice. discussion on reasonable opportunity to appropriateness of these examples of Section 603(d)(2)(A)(iii) of the FCRA opt out). categories and items of opt out excludes from the definition of Proposed paragraph (b) clarifies that information, and whether additional or ‘‘consumer report’’ the sharing of opt an institution’s notice may describe not different examples should be used. out information among affiliates if: only the communications of opt out The descriptions of the categories of it is clearly and conspicuously disclosed to information that the institution information set out in proposed the consumer that the information may be currently plans to make to its affiliates, paragraph (d)(2) differ somewhat from communicated among such persons and the but also the communications that it those in section l.6(c)(2) of the privacy consumer is given the opportunity, before the reserves the right to make in the future. regulations. The agencies solicit time that the information is initially Proposed paragraph (c) explains that an comment on the extent to which the communicated, to direct that such institution may, but need not, provide categories in (d)(2) can be treated as information not be communicated among the consumer with the option of an opt such persons * * *. consistent with similar categories in the out that covers only part of the privacy regulations (such as disclosures ll Proposed section .4 accordingly information or certain affiliates. This of information from consumer reporting provides that opt out information may would enable an institution to give agencies) in order to reduce compliance be communicated among affiliates consumers a menu of opt out choices if burden and consumer confusion. without the communication being a it desires to do so. Proposed paragraph (e) explains how consumer report if: (i) The institution Paragraph (d) explains how an an institution can satisfy the has provided an opt out notice; (ii) the institution can satisfy the requirement requirement that it categorize the institution has given the consumer a that it categorize the opt out information affiliates to which it communicates opt reasonable opportunity and means, that it communicates. Paragraph (d)(2) out information. before the time that it communicates the gives examples of categories of opt out Paragraph (f) cross-references the information, to opt out; and (iii) the information, such as information from a sample notice in appendix A, which consumer has not opted out. consumer’s application, information presents a further illustration of the from a consumer report, information Mergers & Acquisitions content of an opt out notice. obtained by verifying representations l In a merger or acquisition situation, made by a consumer, and information Section .6 Reasonable Opportunity the need to provide new opt out notices provided by another person regarding to Opt Out to the customers of the entity that ceases that person’s relationship with a Proposed paragraph (a) of section to exist will depend on whether the consumer. The first two categories ll .6 states that financial institutions notices previously given to those reflect the legislative history of the 1996 will provide a reasonable opportunity to customers accurately reflect the policies Amendments, which states in part that opt out by providing a reasonable period and practices of the surviving entity. If the opt out provision ‘‘will clarify that of time for the consumer to opt out from they do, the surviving entity will not be affiliates within a Holding Company the time that notice is delivered. required under the rule to provide new structure can share any application Proposed paragraph (b) sets out notices. information * * * and consumer examples of what is a reasonable period Section l.5 Contents of Opt Out reports, consistent with the FCRA.’’ S. of time when notices are provided in Notice Rep. No. 185, 104th Cong., 1st Sess. 18– person, by mail, or by electronic means. 19 (1995). The other two categories Comment is requested on whether there Proposed paragraph (a) provides that represent information that the Agencies are other situations that would suggest an opt out notice must be clear and believe does not constitute transaction a different reasonable period of time conspicuous, and must accurately or experience information when that the Agencies should note by explain: (i) The categories of opt out communicated by the institution that example. Proposed paragraph (c) information about the consumer that the has received it. Paragraph (d)(3) gives a explains that a consumer may opt out at institution communicates; (ii) the non-exclusive list of examples of any time. categories of affiliates to which the specific items of opt out information l institution communicates the within each category, including a Section .7 Reasonable Means of information; (iii) the consumer’s ability consumer’s income, credit score or Opting Out to opt out; and (iv) the means to do so. credit history, open lines of credit, Proposed paragraph (a) sets forth the The Agencies invite comment on employment history, marital status and general rule that an institution provides whether financial institutions should medical history. a reasonable means of opting out if it also have to disclose in their FCRA Medical data are especially sensitive provides a reasonably convenient notices how long a consumer has to for many consumers; if such data are method to the consumer to opt out. respond to the opt out notice before the among the opt out information that an Examples of reasonable means of opting institution may begin disclosing institution communicates to its out and unreasonable means are set out information about that consumer to its affiliates, the institution satisfies the in proposed paragraphs (b) and (c), affiliates, as well as the fact that a requirement to categorize that respectively. Proposed paragraph (d) consumer can opt out at any time. These information only if it includes examples permits an institution to require each disclosures are not required in the of medical data that it intends to share. consumer to opt out through a specific privacy regulations. The Agencies seek The Agencies note that the items listed means, as long as that means is comment on whether the benefits of the in paragraph (d)(3) as examples of reasonable for that consumer. additional disclosures would outweigh information that would be included l the burdens, and, if so, whether the within the categories of opt out Section .8 Delivery of Opt Out regulation should require the information are illustrative only. Those Notices disclosures to state that a financial items would not be considered opt out Proposed paragraph (a) provides that institution will wait 30 days in every information in cases where the an institution must deliver an opt out instance before sharing consumer information is obtained from a source notice so that each consumer can information with affiliates (see proposed other than those listed in paragraph reasonably be expected to receive actual

VerDate 112000 16:15 Oct 19, 2000 Jkt 194001 PO 00000 Frm 00005 Fmt 4701 Sfmt 4702 E:\FR\FM\20OCP2.SGM pfrm01 PsN: 20OCP2 63124 Federal Register / Vol. 65, No. 204 / Friday, October 20, 2000 / Proposed Rules notice. As indicated by the examples require all accountholders to opt out provides examples of prohibited provided in proposed paragraph (b), this before honoring an opt out direction by discrimination against an applicant. is a lesser standard than actual notice. one of the joint accountholders. Paragraph (c) notes that the terms For instance, if an institution mails a Paragraph (f)(2) gives examples of these ‘‘applicant’’ and ‘‘discriminate against’’ printed copy of its notice to the last rules. have the meaning ascribed to these known mailing address of an existing terms in 12 CFR part 202. Section l .9 Revised Opt Out Notice customer, the institution has met its Appendix A obligation even if the customer has Proposed section ll .9 addresses the changed addresses and never receives situation in which an institution has Appendix A, which is part of these the notice. provided a consumer with one or more regulations, contains a sample notice, An institution may give notice in opt out notices but later decides to part or all of which may be used to writing or, if the consumer agrees, communicate opt out information to its facilitate compliance with the notice electronically. For example, the affiliates other than described in those requirements. Although use of the institution may e-mail its notice to a notices. It explains that an institution sample notice is not required, customer that conducts electronic must send a revised opt out notice that institutions using it properly to provide transactions and has agreed to receive complies with section ll .4, including notices will be deemed to be in electronic notice. The Agencies invite providing a reasonable means and compliance. comment on whether and how the opportunity to opt out, and The Agencies solicit comment on all proposed rules governing communicating the information only if aspects of the proposed regulations, communications between a financial the consumer has not opted out. including but not limited to those institution and a consumer via an highlighted above. Section l .10 Time by Which Opt Out electronic medium should be modified Must be Honored III. FDIC’s Electronic Public Comment in light of the Electronic Signatures in Site Global and National Commerce Act (the Proposed section ll .10 explains E-Sign Act).3 that if an institution provides a The FDIC has included a page on its Proposed paragraph (c) explains that consumer with an opt out notice, and web site to facilitate the submission of oral notice alone does not comply with the consumer opts out, the institution electronic comments in response to this the notice requirement; however, oral must comply as soon as reasonably general solicitation (the EPC site). The notice may be provided in conjunction practicable after receiving the EPC site provides an alternative to the with appropriate written or electronic consumer’s direction. Comment is written letter and may be a more notice. solicited on whether the Agencies convenient way for you to submit your Proposed paragraph (d) explains that should establish a fixed number of comments. Commenting through the an institution must provide the notice days—for example, 30 days—that would EPC site will assist the FDIC to more so that the consumer can retain it or be deemed a ‘‘reasonably practicable’’ accurately and efficiently analyze obtain it at a later time, and gives period of time for complying with a comments submitted electronically. If examples of retention or accessibility. consumer’s opt out direction. you submit your comments through the Proposed paragraph (e) permits an EPC site your comments will receive the Section l.11 Duration of Opt Out institution to provide a joint opt out same consideration that they would notice with one or more of its affiliates Proposed section ll.11 provides receive if submitted in hard copy to the that are identified in the notice, as long that an opt out continues to apply to the FDIC’s street address. Information as the notice is accurate with respect to information and affiliates described in provided through the EPC site will be each entity jointly issuing the notice. the applicable opt out notice until used by the FDIC only to assist in its Proposed paragraph (f)(1) sets out revoked by the consumer in writing, or analysis of the proposed regulation. The rules that apply, notwithstanding any if the consumer agrees, electronically, as FDIC will not use an individual’s name other provision of the regulations, when long as the consumer continues to have or any other personal identifier of an two or more consumers jointly obtain a a relationship with the institution. If the individual to retrieve records or product or service from an institution consumer’s relationship with the information submitted through the EPC (referred to in the proposed regulation institution terminates, the opt out will site. Like comments submitted in hard as joint consumers), such as a joint continue to apply to this information. copy to the FDIC’s street address, EPC checking account. For example, an However, a new notice and opportunity site comments will be made available in institution may provide a single opt out to opt out must be provided if the their entirety (including the notice to joint accountholders. The consumer establishes a new relationship commenter’s name and address if the notice must indicate whether the with the institution. commenter chooses to provide them) for institution will consider an opt out by l public inspection. Section .12 Prohibition Against The EPC site will be available on the a joint accountholder as an opt out by Discrimination all of the associated accountholders, or FDIC’s home page at http:// whether each accountholder may opt Proposed paragraph (a) reminds www.fdic.gov. You will be able to out separately. The institution may not institutions that they may not provide comments directly on any of the ‘‘discriminate against’’ a consumer who sections of the proposed regulation as 3 Congress recently enacted the E-Sign Act, Pub. is an ‘‘applicant’’ for credit because the well as the specific questions that have L. 106–229, which addresses the use of electronic applicant opts out. The source of this been asked in the preceding records and signatures for interstate and foreign prohibition is the Equal Credit Supplementary Information section. commerce. This legislation contains general rules governing the use of electronic records for Opportunity Act (ECOA; 15 U.S.C. 1691 You will also be able to view the providing required information to consumers (such et seq.), which bars discrimination on a regulation and Supplementary as disclosures and acknowledgments required by prohibited basis in any aspect of a credit Information sections that related to your the GLBA). The legal requirement that consumer transaction; one prohibited basis is comments directly on the site. Because disclosures be in writing may be satisfied by an electronic record if the consumer affirmatively exercising a right under the Consumer the GLBA authorizes promulgation of consents and certain other requirements of the E- Credit Protection Act, which includes this regulation, the FDIC encourages you Sign Act are met. the FCRA. Proposed paragraph (b) to provide written comments in the

VerDate 112000 13:23 Oct 19, 2000 Jkt 194001 PO 00000 Frm 00006 Fmt 4701 Sfmt 4702 E:\FR\FM\20OCP2.SGM pfrm04 PsN: 20OCP2 Federal Register / Vol. 65, No. 204 / Friday, October 20, 2000 / Proposed Rules 63125 spaces provided. Written comments companies in the institution’s corporate assumes that all institutions with enable the FDIC to thoughtfully family. 12 CFR ll .4. If a financial certain affiliates will in fact, choose to consider possible changes to the institution wishes to share information share opt out information and thus be proposed regulation. in a way that is inconsistent with subject to the rule. The FDIC is also interested in your notices previously given to consumers, The estimated number of consumers feedback on the EPC site. We have the institution must provide consumers who will receive opt out notices is the provided a space for you to comment on with revised notices. 12 CFR ll .11. sum of deposit and loan consumers, and the site itself. Answers to this question The proposed regulation also contains is derived from data in Board consumer will help the FDIC to evaluate the EPC consumer reporting provisions. In order studies. Each Agency’s share of the total site for use in future rulemaking. for consumers to opt out, they must number of consumers is based on the At the conclusion of the EPC site you respond to the institution’s opt out share of total deposits, and consumer will have an opportunity to provide us notices. 12 CFR ll .7. At any time and mortgage loans, held by institutions with your name, indicate whether you during their continued relationship with supervised by the Agencies. Because are an individual, insured depository the institution, consumers have the right OTS collects different information about institution, financial holding company, to change or update their opt out status consumer loans than the other Agencies, community-based organization, trade with the institution. 12 CFR ll .10. OTS estimated the number of thrift association, government agency, or FCRA was amended to include borrowers by dividing total consumer other, and provide the name of the disclosure and opt out provisions in loans outstanding by the average organization you represent, if 1996, but the Agencies were prohibited balance, for different types of consumer applicable. Whether you choose to from issuing implementing regulations loans. The analysis assumes that respond to these questions is entirely up until 1999. Thus, the collections of institutions will provide separate opt to you. Any responses received may information contained in this proposed out notices based on product lines such help the FDIC to better understand the rule are not new requirements. During as loans and deposit accounts, rather public comments it receives. the past three years, financial than single, combined notices covering institutions have developed systems, all of the various relationships a IV. Regulatory Analysis policies, and procedures to bring consumer may have with the institution. Paperwork Reduction Act themselves into compliance with the The Agencies seek comment as to 1996 FCRA amendments. In estimating whether institutions would likely send The Agencies invite comment on: (1) the burden associated with the separate or combined notices. Whether the collections of information collections of information in this OCC: Comments on the collections of contained in this notice of proposed proposed regulation, the Agencies took information should be sent to the Office rulemaking are necessary for the proper into account the fact that FCRA-related of Management and Budget, Paperwork performance of each Agency’s functions, disclosure and opt out requirements Reduction Project (1557—to be including whether the information has have already become a usual and assigned), Washington, DC 20503, with practical utility; (2) the accuracy of each customary practice for covered copies to Jessie Dunaway, Legislative Agency’s estimate of the burden of the institutions. However, because the and Regulatory Activities Division proposed information collections; (3) proposed rule is more explicit and (1557—to be assigned), Office of the ways to enhance the quality, utility, and detailed than the statute, some Comptroller of the Currency, 250 E clarity of the information to be institutions may need to revise their Street, SW, Washington, DC 20219. The collected; (4) ways to minimize the disclosure policies or their notices, and likely respondents are national banks burden of the information collections on consumers may need to respond to the that do not wish to be considered respondents, including the use of revised notices. The burden associated consumer reporting agencies, but want automated collection techniques or with these changes to current practice is to share information (other than other forms of information technology; represented in the estimates below. In transaction or experience information) and (5) estimates of capital or start-up estimating burden, the Agencies also with their affiliates. costs and costs of operation, assumed that if a financial institution Estimated number of bank maintenance, and purchases of services provides an opt out notice under the respondents: 737. to provide information. No person is FCRA, that notice must be included in Estimated average annual burden required to respond to these collections certain notices mandated by the GLBA hours per bank respondent: 8 hours. of information unless the collections privacy provisions, and will not be sent Estimated number of consumer display a currently valid Office of out separately. The collection of respondents: 94,238,000. Management and Budget (OMB) control information requirements contained in Estimated average annual burden number. The Agencies are currently this notice of proposed rulemaking will hours per consumer respondent: 5 requesting their respective control be submitted to the Office of minutes. numbers for these information Management and Budget for review in Estimated total annual reporting collections from OMB. accordance with the Paperwork burden: 7,855,921 hours. This proposed regulation contains Reduction Act of 1995 (44 U.S.C. 3507). The number of consumer respondents disclosure requirements for certain The estimated number of bank provided by the OCC represents a financial institutions and their affiliates. respondents includes the total conservative estimate based upon the A financial institution that (a) has institutions supervised by each of the total number of consumers who will affiliates, (b) does not wish to be Agencies that have certain affiliate receive an opt out notice. The OCC is considered a consumer reporting relationships. The requirements of the using these conservative estimates agency, and (c) wishes to share regulation only apply to institutions that because it lacks more precise data on consumer information (other than share opt out information with affiliates the number of consumers who will transaction and experience information) that do not wish to be consumer exercise their opt out rights. The OCC with its affiliates, must prepare and reporting agencies; therefore, the expects that the actual number of provide a notice to all its consumers Agencies cannot currently predict with consumer respondents will be lower advising them of their opportunity to certainty how many of these institutions than the estimate provided above, and opt out of information sharing with will be subject to the rule. The analysis invites comment on the number of

VerDate 112000 13:23 Oct 19, 2000 Jkt 194001 PO 00000 Frm 00007 Fmt 4701 Sfmt 4702 E:\FR\FM\20OCP2.SGM pfrm04 PsN: 20OCP2 63126 Federal Register / Vol. 65, No. 204 / Friday, October 20, 2000 / Proposed Rules consumers who will respond to the OTS: Comments on the collection of additional opt out responses under this FCRA opt out notices. information should be sent to the rule. Because the proposed rule is Board: In accordance with the Dissemination Branch (1550—to be designed to minimize FCRA’s burden on Paperwork Reduction Act of 1995 (44 assigned), Office of Thrift Supervision, financial institutions, and because the U.S.C. 3506; 5 CFR 1320, appendix A.1), 1700 G Street, NW, Washington, DC FCRA requirements have been effective the Board reviewed the notice of 20552, with a copy to the Office of since 1997, the OCC believes that this proposed rulemaking under the Management and Budget, Paperwork proposed rule will not have a significant authority delegated to the Board by the Reduction Project (1550—to be economic impact on a substantial OMB. Comments on the collections of assigned), Washington, DC 20503. The number of small entities. For these information should be sent to Mary M. likely respondents are savings reasons, a regulatory flexibility analysis West, Federal Reserve Board Clearance associations with affiliates that do not is not required. Officer, Mail Stop 97, Board of wish to be considered consumer Board: Pursuant to section 605(b) of Governors of the Federal Reserve reporting agencies, and do want to share the Regulatory Flexibility Act (5 U.S.C. System, Washington, DC 20551, with a information (other than transaction or 601 et seq.), the Board certifies that the copy to the Office of Management and experience information) with their proposed rule will not have a significant Budget, Paperwork Reduction Project affiliates, and consumers. economic impact on a substantial (7100—to be assigned), Washington, DC Estimated number of thrift number of small entities. As further 20503. The likely respondents are respondents: 762. discussed below, the proposed rule member banks of the Federal Reserve Estimated average annual burden implements law that has been in effect System (other than national banks), hours per thrift respondent: 8 hours. for some time, corresponds as much as branches and agencies of foreign banks Estimated number of consumer feasible to the requirements of the (other than Federal branches, Federal respondents: 49,925,225. Board’s Regulation P, would allow agencies, and insured State branches of Estimated average annual burden institutions to combine privacy and foreign banks), commercial lending hours per consumer respondent: .0833 FCRA notices to consumers, and would companies owned or controlled by hours (5 minutes). allow institutions to combine Estimated total annual reporting foreign banks, and organizations consumers’ responses to those notices. burden: 4,164,867 hours. operating under section 25 or 25A of the Accordingly, a regulatory flexibility Federal Reserve Act, that do want to Regulatory Flexibility Act analysis is not required. Since 1997, the FCRA has provided share information (other than OCC: Pursuant to section 605(b) of the transaction or experience information) that the term ‘‘consumer report’’ does Regulatory Flexibility Act (5 U.S.C. 601 not include any communication of other with their affiliates. et seq.), the OCC certifies that this Estimated number of bank information (meaning information that proposal will not have a significant is not transaction or experience respondents: 996. economic impact on a substantial Estimated average annual burden information) among persons related by number of small entities. Financial hours per bank respondent: 8 hours. common ownership or affiliated by Estimated number of consumer institutions have had to notify their corporate control, if it is clearly and respondents: 39,251,000. consumers of the right to opt out of conspicuously disclosed to the Estimated average annual burden affiliate sharing of certain information consumer that the information may be hours per consumer respondent: five since 1997. This rulemaking provides communicated among such persons and minutes. guidance to national banks concerning the consumer is given the opportunity, Estimated total annual reporting how they may comply with the statutory before the time that the information is burden: 3,278,885 hours. requirements, but requires no new type initially communicated, to direct that FDIC: Comments on the collections of of disclosure or opt out system. While such information not be communicated information should be sent to Steven F. existing forms may need to be modified, among such persons. The proposed Hanft, Office of the Executive Secretary, these modifications are unlikely to regulations would implement this Federal Deposit Insurance Corporation, result in a significant economic impact provision and would provide guidance 550 17th Street, NW., Washington, DC on a substantial number of small to certain Board-regulated institutions 20429, with a copy to the Office of entities. on how to comply, but would not Management and Budget, Paperwork In addition, some of the requirements substantively change existing law. No Reduction Project (3064—to be in the proposed rule have been designed new type of disclosure or opt-out system assigned), Washington, DC 20503. The to correspond to the requirements of the would be required. While existing forms likely respondents are insured privacy regulations. For example, under may need to be modified, these nonmember banks with affiliates, that both regulations, financial institutions, modifications are unlikely to result in a do not wish to be considered consumer in certain circumstances, must deliver significant economic impact on a reporting agencies, and do want to share notices to consumers and to provide substantial number of small entities. information (other than transaction or consumers an opportunity to opt out of Additionally, the proposed rule is experience information) with their certain information disclosures. This designed to correspond as much as affiliates. proposed rule would allow financial feasible to the requirements of Estimated number of bank institutions to combine into one notice Regulation P, which governs the privacy respondents: 1,640. the notice they must deliver under of consumer financial information. Both Estimated average annual burden FCRA and the notice that they must regulations implement statutory hours per bank respondent: 8 hours. deliver under the privacy regulations. provisions for the delivery of Estimated number of consumer Also, institutions may combine their information-sharing opt out notices to respondents: 24,445,000. consumers’ opt out responses into one consumers. The proposed rule would Estimated average annual burden opt out response. By combining the facilitate compliance by financial hours per consumer respondent: five notices they deliver and the opt out institutions with the requirement to minutes. responses they process, financial provide privacy notices and the use of Estimated total annual reporting institutions will not need to produce opt out notices under the FCRA by burden: 2,049,389 hours. additional notices or to process allowing the two notices to be combined

VerDate 112000 13:23 Oct 19, 2000 Jkt 194001 PO 00000 Frm 00008 Fmt 4701 Sfmt 4702 E:\FR\FM\20OCP2.SGM pfrm04 PsN: 20OCP2 Federal Register / Vol. 65, No. 204 / Friday, October 20, 2000 / Proposed Rules 63127 in a single notice. Similarly, institutions additional opt out responses under this proposed rulemaking is not a significant would be allowed to combine their rule. regulatory action under Executive Order consumers’ opt out responses in a single For the above reasons, the FDIC 12866. opt out response. By choosing to believes that this proposed rule will not OCC and OTS Unfunded Mandates combine the notices they deliver and have a significant economic impact on Reform Act of 1995 Determination the opt out responses they process, a substantial number of small entities, financial institutions will not need to and a regulatory flexibility analysis is Section 202 of the Unfunded produce additional notices or to process not required. Mandates Reform Act of 1995, 2 U.S.C. additional opt out responses under this OTS: Pursuant to section 605(b) of the 1532 (Unfunded Mandates Act) requires rule. For these reasons, a regulatory Regulatory Flexibility Act (5 U.S.C. 601 that an agency prepare a budgetary flexibility analysis is not required. et seq.), the Director of OTS certifies impact statement before promulgating a FDIC: Pursuant to section 605(b) of that this proposed rulemaking would rule that includes a Federal mandate the Regulatory Flexibility Act (5 U.S.C. not have a significant economic impact that may result in expenditure by State, 601 et seq.), the FDIC certifies that the on a substantial number of small local, and tribal governments, in the proposed rule will not have a significant entities. The FCRA has required thrifts aggregate, or by the private sector, of economic impact on a substantial to notify their consumers of the right to $100 million or more in any one year. number of small entities. This opt out of affiliate sharing of certain If a budgetary impact statement is conclusion is based on the following information since 1997. However, prior required, section 205 of the Unfunded facts. The FCRA has required financial to GLBA, OTS did not have authority to Mandates Act also requires an agency to institutions to notify their consumers of issue rules to provide thrifts with identify and consider a reasonable the right to opt out of affiliate sharing guidance to comply with the FCRA. number of regulatory alternatives before This proposed rulemaking does not of certain information since 1997. promulgating a rule. The OCC and OTS substantively change or add to the However, prior to the GLBA, the each has determined that this proposed existing statutory requirements. It Agencies had no authority to issue rules rule will not result in expenditures by merely provides thrifts with guidance to to provide financial institutions with State, local, and tribal governments, or help minimize any burden associated guidance to comply with the FCRA by the private sector, of $100 million or with complying with the FCRA requirements. This proposed more. Accordingly, neither the OCC nor information sharing provisions. This rulemaking does not substantively the OTS has prepared a budgetary proposal requires no new type of change the existing statutory impact statement or specifically disclosure or opt out system. While requirements, but rather provides addressed the regulatory alternatives existing forms may need to be modified, considered. guidance to financial institutions that these modifications are unlikely to should minimize any burden associated result in a significant economic impact V. Solicitation of Comments on Use of with complying with the subject FCRA on a substantial number of small Plain Language information sharing provisions. This entities. The Agencies have attempted to proposal requires no new type of Section 722 of the GLBA requires the minimize any such economic impact by Federal banking agencies to use plain disclosure or opt out system. While including a sample notice, part or all of existing forms may need to be modified, language in all proposed and final rules which thrifts may use to facilitate the published after January 1, 2000. We these modifications are unlikely to notice requirements. result in a significant economic impact invite your comments on how to make Further, this proposed rule is this proposed rule easier to understand. on a substantial number of small designed to be consistent with the entities. The Agencies have attempted to For example: requirements of the regulation • Have we organized the material to minimize any such economic impact by governing the privacy of consumer suit your needs? If not, how could this including a sample notice, part or all of financial information, 12 CFR part 573. material be better organized? which may be used to facilitate Both rules implement statutory • Are the requirements in the rule compliance with the notice requirements for financial institutions, clearly stated? If not, how could the rule requirements. in certain circumstances, to deliver be more clearly stated? Further, this proposed rule is notices to consumers and to provide • Do the regulations contain technical designed to be consistent with the consumers an opportunity to opt out of language or jargon that is not clear? If requirements of the regulation certain information disclosures. The so, which language requires governing the privacy of consumer Agencies have made the FCRA notice clarification? financial information. Both rules guidance parallel to the privacy rule • Would a different format (grouping implement statutory requirements for requirements, thus facilitating the and order of sections, use of headings, financial institutions, in certain delivery of a single notice to consumers. paragraphing) make the regulation circumstances, to deliver notices to Similarly, institutions may combine a easier to understand? If so, what consumers and to provide consumers an consumer’s opt out responses into one changes to the format would make the opportunity to opt out of certain opt out response. By combining the regulation easier to understand? information disclosures. The Agencies notices they deliver and the opt out • Would more, but shorter, sections have made the FCRA notice guidance responses they process, financial be better? If so, which sections should parallel to the privacy rule institutions will not need to produce be changed? requirements, thus facilitating the additional notices or to process • What else could we do to make the delivery of a single notice to consumers. additional opt out responses under this regulation easier to understand? Similarly, institutions may combine rule. For these reasons, a regulatory The Agencies solicit comment on their consumers’ opt out responses into flexibility analysis is not required. whether the inclusion of examples in one opt out response. By combining the the regulation is appropriate. Elevating notices they deliver and the opt out OCC and OTS Executive Order 12866 the fact patterns to safe harbors in the responses they process, financial Determination rule may generate certain problems over institutions will not need to produce The OCC and OTS each has time. For example, changes in additional notices or to process determined that its portion of the technology or practices may ultimately

VerDate 112000 13:23 Oct 19, 2000 Jkt 194001 PO 00000 Frm 00009 Fmt 4701 Sfmt 4702 E:\FR\FM\20OCP2.SGM pfrm04 PsN: 20OCP2 63128 Federal Register / Vol. 65, No. 204 / Friday, October 20, 2000 / Proposed Rules impact the fact patterns contained in the used or expected to be used or collected (F) Avoids explanations that are examples and require changes to the in whole or in part for the purpose of imprecise and are readily subject to regulation. Are there alternative serving as a factor in establishing a different interpretations. methods to offer illustrative guidance of consumer’s eligibility for credit, (ii) Designed to call attention. A bank the concepts portrayed by the examples? insurance, employment, or any other designs its notice to call attention to the purpose authorized under section 604 of nature and significance of the List of Subjects the Fair Credit Reporting Act (15 U.S.C. information it contains if it: 12 CFR Part 41 1681b). (A) Uses a plain-language heading to Banks, banking, Credit, National (2) Institutions covered. This part call attention to the notice; applies to national banks, and Federal banks, Reporting and recordkeeping (B) Uses a typeface and type size that branches and Federal agencies of foreign requirements. are easy to read; banks (collectively referred to as (C) Provides wide margins and ample 12 CFR Part 222 ‘‘bank’’). line spacing; Banks, banking, Credit, Federal (3) Relation to other laws. Nothing in (D) Uses boldface or italics for key Reserve System, Reporting and this part modifies, limits, or supersedes words; and recordkeeping requirements, State the standards governing the privacy of (E) In a form that combines the bank’s member banks. individually identifiable health notice with other information, uses information promulgated by the distinctive type sizes, styles, and 12 CFR Part 334 Secretary of Health and Human Services graphic devices, such as shading or Banks, banking, Credit, Reporting and under the authority of sections 262 and sidebars. recordkeeping requirements. 264 of the Health Insurance Portability (iii) Notice on a web page. If a bank and Accountability Act of 1996 (42 provides a notice on a web page, the 12 CFR Part 571 U.S.C. 1320d–1320d–8). bank designs its notice to call attention Credit, Privacy, Reporting and § 41.2 Examples. to the nature and significance of the recordkeeping requirements, Savings information it contains if the bank: associations. The examples used in this part and the sample notice in appendix A to this (A) Places either the notice, or a link Office of the Comptroller of the part are not exclusive. Compliance with that connects directly to the notice and Currency an example or use of the sample notice, that is labeled appropriately to convey the importance, nature, and relevance of 12 CFR Chapter I to the extent applicable, constitutes compliance with this part. the notice, on a page that consumers Authority and Issuance access often, such as a page on which § 41.3 Definitions. For the reasons set forth in the joint transactions are conducted; As used in this part, unless the (B) Uses text or visual cues to preamble, the OCC proposes to amend context requires otherwise: chapter I of title 12 of the Code of encourage scrolling down the page if (a) Act means the Fair Credit necessary to view the entire notice; and Federal Regulations by adding a new Reporting Act (15 U.S.C. 1681 et seq.). part 41 to read as follows: (C) Ensures that other elements on the (b) Affiliate. (1) In general. The term web page (such as text, graphics, links, means any company that is related or PART 41ÐFAIR CREDIT REPORTING or sound) do not detract attention from affiliated by common ownership, or the notice. Sec. affiliated by corporate control or (d) Communication includes written, 41.1 Purpose and scope. common corporate control, with another oral, and electronic communication; 41.2 Examples. company. provided that the term includes 41.3 Definitions. (2) Related or affiliated by common electronic communication to a 41.4 Communication of opt out information ownership or affiliated by corporate to affiliates. consumer only if the consumer agrees to control or common corporate control. receive the communication 41.5 Contents of opt out notice. This means controlling, controlled by, 41.6 Reasonable opportunity to opt out. electronically. 41.7 Reasonable means of opting out. or under common control with, another (e) Company means any corporation, 41.8 Delivery of opt out notices. company. limited liability company, business (c) Clear and conspicuous. (1) In 41.9 Revised opt out notice. trust, general or limited partnership, general. The term means that a notice is 41.10 Time by which opt out must be association, or similar organization. reasonably understandable and is honored. (f) Consumer means an individual. 41.11 Duration of opt out. designed to call attention to the nature (g) Consumer report. (1) In general. 41.12 Prohibition against discrimination. and significance of the information it The term means any written, oral, or Appendix A to Part 41—Sample Notice contains. (2) Examples. (i) Reasonably other communication of any Authority: 12 U.S.C. 93a; 15 U.S.C. 1681s. understandable. A bank makes its information by a consumer reporting notice reasonably understandable if it: agency bearing on a consumer’s credit § 41.1 Purpose and scope. (A) Presents the information in the worthiness, credit standing, credit (a) Purpose. This part governs the notice in clear and concise sentences, capacity, character, general reputation, collection, communication, and use, by paragraphs, and sections; personal characteristics, or mode of the institutions listed in paragraph (b)(2) (B) Uses short explanatory sentences living which is used or expected to be of this section, of certain information or bullet lists whenever possible; used or collected in whole or in part for bearing on a consumer’s credit (C) Uses definite, concrete, everyday the purpose of serving as a factor in worthiness, credit standing, credit words and active voice whenever establishing the consumer’s eligibility capacity, character, general reputation, possible; for: personal characteristics, or mode of (D) Avoids multiple negatives; (i) Credit or insurance to be used living. (E) Avoids legal and highly technical primarily for personal, family, or (b) Scope. (1) Information covered. business terminology whenever household purposes; This part applies to information that is possible; and (ii) Employment purposes; or

VerDate 112000 16:22 Oct 19, 2000 Jkt 194001 PO 00000 Frm 00010 Fmt 4701 Sfmt 4702 E:\FR\FM\20OCP2.SGM pfrm01 PsN: 20OCP2 Federal Register / Vol. 65, No. 204 / Friday, October 20, 2000 / Proposed Rules 63129

(iii) Any other purpose authorized (1) Bears on a consumer’s credit (1) A bank satisfies the requirement to under section 604 of the Act (15 U.S.C. worthiness, credit standing, credit categorize the opt out information that 1681b). capacity, character, general reputation, it communicates if the bank lists the (2) Exclusions. The term does not personal characteristics, or mode of categories in paragraph (d)(2) of this include: living; section, as applicable, and a few (i) Any report containing information (2) Is used or expected to be used or examples to illustrate the types of solely as to transactions or experiences collected in whole or in part to serve as information in each category. These between the consumer and the person a factor in establishing the consumer’s examples may include those in making the report; eligibility for credit or another purpose paragraph (d)(3) of this section, if (ii) Any communication of that listed in section 604 of the Act (15 applicable. information among affiliates; U.S.C. 1681b); and (2) Categories of opt out information (iii) Any communication among (3) Is not a report containing may include information: affiliates of opt out information if the information solely as to transactions or (i) From a consumer’s application; conditions in §§ 41.4 through 41.9 are experiences between the consumer and (ii) From a consumer credit report; satisfied; the person reporting or communicating (iii) Obtained by verifying (iv) Any authorization or approval of the information. representations made by a consumer; or a specific extension of credit directly or (l) Person means any individual, (iv) Provided by another person indirectly by the issuer of a credit card partnership, corporation, trust, estate, regarding its employment, credit, or or similar device; cooperative, association, government or other relationship with a consumer. (v) Any report in which a person who governmental subdivision or agency, or (3) Examples of information within a has been requested by a third party to other entity. category listed in paragraph (d)(2) of make a specific extension of credit this section include a consumer’s: directly or indirectly to a consumer § 41.4 Communication of opt out (i) Income; conveys his or her decision with respect information to affiliates. (ii) Credit score or credit history with to such request, if the third party A bank’s communication to its others; advises the consumer of the name and affiliates of opt out information about a (iii) Open lines of credit with others; address of the person to whom the consumer is not a consumer report if: (iv) Employment history with others; (v) Marital status; and request was made, and the person (a) The bank has provided the (vi) Medical history. makes the disclosures to the consumer consumer with an opt out notice; (4) A bank does not satisfy the required under section 615 of the Act (b) The bank has given the consumer requirement if it communicates or (15 U.S.C. 1681m); or a reasonable opportunity and means, reserves the right to communicate (vi) A communication described in before the bank communicates the individually identifiable health section 603(o) of the Act (15 U.S.C. information to its affiliates, to opt out; information (as described in section 1681a(o)). and 1171(6)(B) of the Social Security Act (42 (h) Consumer reporting agency means (c) The consumer has not opted out. U.S.C. 1320d(6)(B)) but omits any person which, for monetary fees, illustrative examples of this dues or on a cooperative nonprofit basis, § 41.5 Contents of opt out notice. information. regularly engages in whole or in part in (a) In general. An opt out notice must be clear and conspicuous, and must (e) Examples of categories of affiliates. the practice of assembling or evaluating (1) A bank satisfies the requirement to consumer credit information or other accurately explain: (1) The categories of opt out categorize the affiliates to which it information on consumers for the communicates opt out information if it purpose of furnishing consumer reports information about the consumer that a bank communicates to its affiliates; lists the categories in paragraph (e)(2) of to third parties, and which uses any this section, as applicable, and a few means or facility of interstate commerce (2) The categories of affiliates to which the bank communicates the examples to illustrate the types of for the purpose of preparing or affiliates in each category. furnishing consumer reports. information; (3) The consumer’s ability to opt out; (2) Categories of affiliates may (i) Control of a company means: include: (1) Ownership, control, or power to and (4) A reasonable means for the (i) Financial service providers; and vote 25 percent or more of the (ii) Non-financial companies. outstanding shares of any class of voting consumer to opt out. (f) Sample notice. A sample notice is security of the company, directly or (b) Future communications. A bank’s included in appendix A to this part. indirectly, or acting through one or notice may describe: more other persons; (1) Categories of opt out information § 41.6 Reasonable opportunity to opt out. (2) Control in any manner over the about the consumer that the bank (a) In general. A bank provides a election of a majority of the directors, reserves the right to communicate to its reasonable opportunity to opt out if it trustees, or general partners (or affiliates in the future but does not provides a reasonable period of time individuals exercising similar functions) currently communicate; and following the delivery of the opt out of the company; or (2) Categories of affiliates to which the notice for the consumer to opt out. (3) The power to exercise, directly or bank reserves the right in the future to (b) Examples of reasonable period of indirectly, a controlling influence over communicate, but to which the bank time: (1) In person. A bank hand- the management or policies of the does not currently communicate, opt delivers an opt out notice to the company, as the Office of the out information about the consumer. consumer and provides at least 30 days Comptroller of the Currency determines. (c) Partial opt out. A bank may allow from the date it delivered the notice. (j) Opt out means a direction by a a consumer to select certain opt out (2) By mail. A bank mails an opt out consumer that a bank not communicate information or certain affiliates, with notice to a consumer and provides at opt out information about the consumer respect to which the consumer wishes least 30 days from the date it mailed the to one or more of its affiliates. to opt out. notice. (k) Opt out information means (d) Examples of categories of (3) By electronic means. A bank information that: information that a bank communicates. notifies the consumer electronically,

VerDate 112000 13:23 Oct 19, 2000 Jkt 194001 PO 00000 Frm 00011 Fmt 4701 Sfmt 4702 E:\FR\FM\20OCP2.SGM pfrm04 PsN: 20OCP2 63130 Federal Register / Vol. 65, No. 204 / Friday, October 20, 2000 / Proposed Rules and it provides at least 30 days after the advertisements presenting its notice; or (vii) If a bank receives an opt out by date that the consumer acknowledges (ii) Sends the notice via electronic mail a particular joint consumer that does not receipt of the electronic notice. to a consumer who does not obtain a apply to the others, the bank may (c) Continuing opportunity to opt out. product or service from the bank disclose information about the others as A consumer may opt out at any time. electronically. long as no information is disclosed (c) Oral description insufficient. A about the consumer who opted out. § 41.7 Reasonable means of opting out. bank may not provide an opt out notice (2) Example. If consumers A and B, (a) General rule. A bank provides a solely by orally explaining the notice, who have different addresses, have a consumer with a reasonable means of either in person or over the telephone. joint checking account with a bank and opting out if it provides a reasonably (d) Retention or accessibility. (1) In arrange for the bank to send statements convenient method to opt out. general. A bank must provide an opt out to A’s address, the bank may do any of (b) Reasonably convenient methods. notice so that it can be retained or the following, but it must explain in its Examples of reasonably convenient obtained at a later time by the consumer opt out notice which opt out policy the methods include: in writing or, if the consumer agrees, bank will follow. The bank may send a (1) Designating check-off boxes in a electronically. single opt out notice to A’s address and: prominent position on the relevant (2) Examples of retention or (i) Treat an opt out direction by A as forms included with the opt out notice; accessibility. A bank provides the notice applying to the entire account. If the (2) Including a reply form together so that it can be retained or obtained at bank does so and A opts out, the bank with the opt out notice; a later time if the bank: may not require B to opt out as well (3) Providing an electronic means to (i) Hand-delivers a printed copy of the before implementing A’s opt out opt out, such as a form that can be notice to the consumer; direction. electronically mailed or a process at the (ii) Mails a printed copy of the notice (ii) Treat A’s opt out direction as bank’s web site, if the consumer agrees to the last known address of the applying to A only. If the bank does so, to the electronic delivery of information; consumer upon request of the it must also permit: or consumer; or (A) A and B to opt out for each other; (4) Providing a toll-free telephone (iii) Makes the bank’s current notice and number that consumers may call to opt available on a web site (or a link to (B) A and B to notify the bank of their out. another web site) for the consumer who opt out directions in a single response (c) Methods not reasonably obtains a product or service (such as on a single form) if they choose convenient. Examples of methods that electronically and who agrees to receive to give separate opt out directions. are not reasonably convenient include: the notice at the web site. (iii) If A opts out only for A, and B (1) Requiring a consumer to write his (e) Joint notice with affiliates. A bank does not opt out, the bank may disclose or her own letter to a bank; or may provide a joint notice with one or opt out information only about B, and (2) Referring in a revised notice to a more affiliates as long as the notice not about A and B jointly. check-off box that a bank included with identifies each person providing it and a previous notice but that the bank does is accurate with respect to each. § 41.9 Revised opt out notice. not include with the revised notice. (f) Joint relationships. (1) In general. If a bank has provided a consumer (d) Requiring specific means of opting Notwithstanding any other provision in with one or more opt out notices and out. A bank may require each consumer this part, if two or more consumers plans to communicate opt out to opt out through a specific means, as jointly obtain a product or service from information to its affiliates about the long as that means is reasonable for that a bank (joint consumers), the following consumer other than as described in consumer. rules apply: those notices, the bank must provide the (i) The bank may provide a single § 41.8 Delivery of opt out notices. consumer with a revised opt out notice notice to all of the joint consumers. that complies with §§ 41.4 through 41.8. (a) In general. A bank must deliver an (ii) Any of the joint consumers has the opt out notice so that each consumer opportunity to opt out. § 41.10 Time by which opt out must be can reasonably be expected to receive (iii) The bank may treat an opt out honored. actual notice in writing or, if the direction by a joint consumer either as: If a bank provides a consumer with an consumer agrees, electronically. (A) Applying to all of the joint opt out notice and the consumer opts (b) Examples of expectation of actual consumers; or out, the bank must comply with the opt notice. (1) A bank may reasonably (B) Applying to that particular joint out as soon as reasonably practicable expect that a consumer will receive consumer. after the bank receives it. actual notice if it: (iv) The bank must explain in its opt (i) Hand-delivers a printed copy of the out notice which of the two policies set § 41.11 Duration of opt out. notice to the consumer; forth in paragraph (f)(1)(iii) of this An opt out remains effective until (ii) Mails a printed copy of the notice section it will follow. revoked by the consumer in writing or to the last known mailing address of the (v) If the bank follows the policy set electronically, as long as the consumer consumer; or forth in paragraph (f)(1)(iii)(B) of this continues to have a relationship with (iii) For the consumer who conducts section, by treating the opt out of a joint the bank. If the consumer’s relationship transactions electronically, posts the consumer as applying to that particular with the bank terminates, the opt out notice on its electronic site and requires joint consumer, the bank must also will continue to apply to this the consumer to acknowledge receipt of permit: information. However, a new notice and the notice as a necessary step to (A) A joint consumer to opt out on opportunity to opt out must be provided obtaining a particular product or behalf of other joint consumers; and if the consumer establishes a new service; (B) One or more joint consumers to relationship with the bank. (2) A bank may not reasonably expect notify the bank of their opt out that a consumer will receive actual directions in a single response. § 41.12 Prohibition against discrimination. notice if it: (vi) A bank may not require all joint (a) In general. If a consumer is an (i) Only posts a sign in its branch or consumers to opt out before it applicant for credit, a bank must not office or generally publishes implements any opt out direction. discriminate against the consumer if the

VerDate 112000 13:23 Oct 19, 2000 Jkt 194001 PO 00000 Frm 00012 Fmt 4701 Sfmt 4702 E:\FR\FM\20OCP2.SGM pfrm04 PsN: 20OCP2 Federal Register / Vol. 65, No. 204 / Friday, October 20, 2000 / Proposed Rules 63131 consumer opts out of the bank’s opting out listed below 1]: [call us toll free at consumer’s eligibility for credit, communication of opt out information {insert toll free number}]; or [visit our web insurance, employment, or any other { } { to it affiliates. site at insert web site address and provide purpose authorized under section 604 of further instructions how to use the web site (b) Examples of discrimination option}]; or [e-mail us at {insert the e-mail the Fair Credit Reporting Act (15 U.S.C. against an applicant. A bank address}]; or [fill out and tear off the bottom 1681b). discriminates against an applicant if it: of this sheet and mail to the following (2) Institutions covered. This part (1) Denies the applicant credit address: {insert address}]; or [check the applies to member banks of the Federal because the applicant opts out; appropriate box on the attached form {attach Reserve System (other than national (2) Varies the terms of credit form} and mail to the following address: { } banks), branches and agencies of foreign adversely to the applicant such as by insert address ]. banks (other than Federal branches, providing less favorable pricing terms to Note: Your direction in this paragraph Federal agencies, and insured State an applicant who opts out; or covers certain information about you that we might otherwise share with our corporate branches of foreign banks), commercial (3) Applies more stringent credit family. We may share other information lending companies owned or controlled underwriting standards to the applicant about you with our corporate family as by foreign banks, and organizations because the applicant opts out. permitted by law. operating under section 25 or 25A of the (c) Regulation B. The terms Federal Reserve Act (12 U.S.C. 601– Dated: September 22, 2000. ‘‘applicant’’ and ‘‘discriminate against’’ 604a, 611–631). John D. Hawke, Jr., in § 41.12 have the same meanings (3) Relation to other laws. Nothing in Comptroller of the Currency. ascribed to them in 12 CFR part 202. this part modifies, limits, or supersedes Appendix A to Part 41—Sample Notice Federal Reserve System the standards governing the privacy of 12 CFR Chapter II individually identifiable health This appendix contains a sample notice to information promulgated by the facilitate compliance with the notice Authority and Issuance requirements of this part. An institution may Secretary of Health and Human Services use applicable disclosures in this sample to For the reasons set forth in the joint under the authority of sections 262 and provide notices required by this part. preamble, chapter II of title 12 of the 264 of the Health Insurance Portability Code of Federal Regulations is proposed and Accountability Act of 1996 (42 Notice of Your Opportunity To Opt Out of U.S.C. 1320d–1320d–8). Information Sharing With Companies in Our to be amended by adding a new part 222 to read as follows: Corporate Family § 222.2 Examples. Information We Can Share With Our PART 222 FAIR CREDIT REPORTING The examples used in this part and Corporate Family About You—Unless You (REGULATION V) the sample notice in appendix A to this Tell Us Not to part are not exclusive. Compliance with What Information: Unless you tell us not Sec. an example or use of the sample notice, to, [Financial Institution] may share with 222.1 Purpose and scope. 222.2 Examples. to the extent applicable, constitutes companies in our corporate family compliance with this part. information about you including: 222.3 Definitions. 222.4 Communication of opt out • Information we obtain from your § 222.3 Definitions. application, such as [provide illustrative information to affiliates. examples, such as ‘‘your income’’ or ‘‘your 222.5 Contents of opt out notice. As used in this part, unless the marital status’’]; 222.6 Reasonable opportunity to opt out. context requires otherwise: 222.7 Reasonable means of opting out. • Information we obtain from a consumer (a) Act means the Fair Credit 222.8 Delivery of opt out notices. report, such as [provide illustrative 222.9 Revised opt out notice. Reporting Act (15 U.S.C. 1681 et seq.). examples, such as ‘‘your credit score or credit 222.10 Time by which opt out must be (b) Affiliate. (1) In general. The term history’’]; honored. • Information we obtain to verify means any company that is related or 222.11 Duration of opt out. representations made by you, such as affiliated by common ownership, or 222.12 Prohibition against discrimination. [provide illustrative examples, such as ‘‘your affiliated by corporate control or open lines of credit’’]; and Appendix A to Part 222—Sample Notice common corporate control, with another • Information we obtain from a person company. regarding its employment, credit, or other Authority: 15 U.S.C. 1681s. (2) Related or affiliated by common relationship with you, such as [provide § 222.1 Purpose and scope. ownership or affiliated by corporate illustrative examples, such as ‘‘your control or common corporate control. employment history’’]. (a) Purpose. This part governs the Shared With Whom: Companies in our collection, communication, and use, by This means controlling, controlled by, corporate family who may receive this the institutions listed in paragraph (b)(2) or under common control with, another information are: of this section, of certain information company. • Financial service providers, such as bearing on a consumer’s credit (c) Clear and conspicuous. (1) In [provide illustrative examples, such as worthiness, credit standing, credit general. The term means that a notice is ‘‘mortgage bankers, broker-dealers, and capacity, character, general reputation, reasonably understandable and is insurance agents’’]; and designed to call attention to the nature • Non-financial companies, such as personal characteristics, or mode of [provide illustrative examples, such as living. and significance of the information it ‘‘retailers, direct marketers, airlines, and (b) Scope. (1) Information covered. contains. publishers’’]. This part applies to information that is (2) Examples. (i) Reasonably used or expected to be used or collected understandable. You make your notice How To Tell Us Not To Share This in whole or in part for the purpose of Information With Our Corporate Family reasonably understandable if you: serving as a factor in establishing a (A) Present the information in the If you prefer that we not share this information with companies in our corporate notice in clear and concise sentences, 1 If the financial institution is using its web site paragraphs, and sections; family, you may direct us not to share this or an e-mail address as the only method by which information by doing the following [insert a consumer may opt out, the consumer must agree (B) Use short explanatory sentences or one or more of the reasonable means of to the electronic delivery of information. bullet lists whenever possible;

VerDate 112000 16:15 Oct 19, 2000 Jkt 194001 PO 00000 Frm 00013 Fmt 4701 Sfmt 4702 E:\FR\FM\20OCP2.SGM pfrm01 PsN: 20OCP2 63132 Federal Register / Vol. 65, No. 204 / Friday, October 20, 2000 / Proposed Rules

(C) Use definite, concrete, everyday establishing the consumer’s eligibility out information about the consumer to words and active voice whenever for: one or more of your affiliates. possible; (i) Credit or insurance to be used (k) Opt out information means (D) Avoid multiple negatives; primarily for personal, family, or information that: (E) Avoid legal and highly technical household purposes; (1) Bears on a consumer’s credit business terminology whenever (ii) Employment purposes; or worthiness, credit standing, credit possible; and (iii) Any other purpose authorized capacity, character, general reputation, (F) Avoid explanations that are under section 604 of the Act (15 U.S.C. personal characteristics, or mode of imprecise and are readily subject to 1681b). living; different interpretations. (2) Exclusions. The term does not (2) Is used or expected to be used or (ii) Designed to call attention. You include: collected in whole or in part to serve as design your notice to call attention to (i) Any report containing information a factor in establishing the consumer’s the nature and significance of the solely as to transactions or experiences eligibility for credit or another purpose information it contains if you: between the consumer and the person listed in section 604 of the Act (15 (A) Use a plain-language heading to making the report; U.S.C. 1681b); and (ii) Any communication of that call attention to the notice; (3) Is not a report containing (B) Use a typeface and type size that information among affiliates; (iii) Any communication among information solely as to transactions or are easy to read; experiences between the consumer and (C) Provide wide margins and ample affiliates of opt out information if the conditions in §§ 222.4 through 222.9 are the person reporting or communicating line spacing; the information. (D) Use boldface or italics for key satisfied; (iv) Any authorization or approval of (1) Person means any individual, words; and partnership, corporation, trust, estate, (E) In a form that combines your a specific extension of credit directly or indirectly by the issuer of a credit card cooperative, association, government or notice with other information, use governmental subdivision or agency, or distinctive type sizes, styles, and or similar device; (v) Any report in which a person who other entity. graphic devices, such as shading or (m) You means a member bank of the sidebars. has been requested by a third party to make a specific extension of credit Federal Reserve System (other than a (iii) Notice on a web page. If you national bank), a branch or agency of a provide a notice on a web page, you directly or indirectly to a consumer conveys his or her decision with respect foreign bank (other than a Federal design your notice to call attention to branch, Federal agency, or insured State the nature and significance of the to such request, if the third party advises the consumer of the name and branch of a foreign bank), a commercial information it contains if you: lending company owned or controlled (A) Place either the notice, or a link address of the person to whom the request was made, and the person by a foreign bank, or an organization that connects directly to the notice and operating under section 25 or 25A of the that is labeled appropriately to convey makes the disclosures to the consumer required under section 615 of the Act Federal Reserve Act (12 U.S.C. 601– the importance, nature, and relevance of 604a, 611–631). the notice, on a page that consumers (15 U.S.C. 1681m); or (vi) A communication described in access often, such as a page on which § 222.4 Communication of opt out section 603(o) of the Act (15 U.S.C. transactions are conducted; information to affiliates. 1681a(o)). (B) Use text or visual cues to (h) Consumer reporting agency means Your communication to your affiliates encourage scrolling down the page if any person which, for monetary fees, of opt out information about a consumer necessary to view the entire notice; and dues or on a cooperative nonprofit basis, is not a consumer report if: (C) Ensure that other elements on the regularly engages in whole or in part in (a) You have provided the consumer web page (such as text, graphics, links, the practice of assembling or evaluating with an opt out notice; or sound) do not detract attention from consumer credit information or other (b) You have given the consumer a the notice. information on consumers for the reasonable opportunity and means, (d) Communication includes written, purpose of furnishing consumer reports before you communicate the oral, and electronic communication; to third parties, and which uses any information to your affiliates, to opt out; provided that the term includes means or facility of interstate commerce and electronic communication to a for the purpose of preparing or (c) The consumer has not opted out. consumer only if the consumer agrees to furnishing consumer reports. § 222.5 Contents of opt out notice. receive the communication (i) Control of a company means: electronically. (1) Ownership, control, or power to (a) In general. An opt out notice must (e) Company means any corporation, vote 25 percent or more of the be clear and conspicuous, and must limited liability company, business outstanding shares of any class of voting accurately explain: trust, general or limited partnership, security of the company, directly or (1) The categories of opt out association, or similar organization. indirectly, or acting through one or information about the consumer that (f) Consumer means an individual. more other persons; you communicate to your affiliates; (g) Consumer report. (1) In general. (2) Control in any manner over the (2) The categories of affiliates to The term means any written, oral, or election of a majority of the directors, which you communicate the other communication of any trustees, or general partners (or information; information by a consumer reporting individuals exercising similar functions) (3) The consumer’s ability to opt out; agency bearing on a consumer’s credit of the company; and worthiness, credit standing, credit (3) The power to exercise, directly or (4) A reasonable means for the capacity, character, general reputation, indirectly, a controlling influence over consumer to opt out. personal characteristics, or mode of the management or policies of the (b) Future communications. Your living which is used or expected to be company, as the Board determines. notice may describe: used or collected in whole or in part for (j) Opt out means a direction by a (1) Categories of opt out information the purpose of serving as a factor in consumer that you not communicate opt about the consumer that you reserve the

VerDate 112000 13:23 Oct 19, 2000 Jkt 194001 PO 00000 Frm 00014 Fmt 4701 Sfmt 4702 E:\FR\FM\20OCP2.SGM pfrm04 PsN: 20OCP2 Federal Register / Vol. 65, No. 204 / Friday, October 20, 2000 / Proposed Rules 63133 right to communicate to your affiliates provide a reasonable period of time (ii) Mail a printed copy of the notice in the future but do not currently following the delivery of the opt out to the last known mailing address of the communicate; and notice for the consumer to opt out. consumer; or (2) Categories of affiliates to which (b) Examples of reasonable period of (iii) For the consumer who conducts you reserve the right in the future to time: (1) In person. You hand-deliver an transactions electronically, post the communicate, but to which you do not opt out notice to the consumer and notice on your electronic site and currently communicate, opt out provide at least 30 days from the date require the consumer to acknowledge information about the consumer. you delivered the notice. receipt of the notice as a necessary step (c) Partial opt out. You may allow a (2) By mail. You mail an opt out to obtaining a particular product or consumer to select certain opt out notice to a consumer and provide at service; information or certain affiliates, with least 30 days from the date you mailed (2) You may not reasonably expect respect to which the consumer wishes the notice. that a consumer will receive actual to opt out. (3) By electronic means. You notify notice if you: (d) Examples of categories of the consumer electronically, and you (i) Only post a sign in your branch or information that you communicate. (1) provide at least 30 days after the date office or generally publish You satisfy the requirement to that the consumer acknowledges receipt advertisements presenting your notice; categorize the opt out information that of the electronic notice. or you communicate if you list the (c) Continuing opportunity to opt out. (ii) Send the notice via electronic mail categories in paragraph (d)(2) of this A consumer may opt out at any time. to a consumer who does not obtain a section, as applicable, and a few product or service from you examples to illustrate the types of § 222.7 Reasonable means of opting out. electronically. information in each category. These (a) General rule. You provide a (c) Oral description insufficient. You examples may include those in consumer with a reasonable means of may not provide an opt out notice solely paragraph (d)(3) of this section, if opting out if you provide a reasonably by orally explaining the notice, either in applicable. convenient method to opt out. person or over the telephone. (2) Categories of opt out information (b) Reasonably convenient methods. (d) Retention or accessibility. (1) In may include information: Examples of reasonably convenient general. You must provide an opt out (i) From a consumer’s application; methods include: notice so that it can be retained or (ii) From a consumer credit report; (1) Designating check-off boxes in a obtained at a later time by the consumer (iii) Obtained by verifying prominent position on the relevant in writing or, if the consumer agrees, representations made by a consumer; or forms included with the opt out notice; electronically. (iv) Provided by another person (2) Including a reply form together (2) Examples of retention or regarding its employment, credit, or with the opt out notice; accessibility. You provide the notice so other relationship with a consumer. (3) Providing an electronic means to that it can be retained or obtained at a (3) Examples of information within a opt out, such as a form that can be later time if you: (i) Hand-deliver a printed copy of the category listed in paragraph (d)(2) of electronically mailed or a process at notice to the consumer; this section include a consumer’s: your web site, if the consumer agrees to (i) Income; (ii) Mail a printed copy of the notice the electronic delivery of information; to the last known address of the (ii) Credit score or credit history with or others; consumer upon request of the (4) Providing a toll-free telephone consumer; or (iii) Open lines of credit with others; number that consumers may call to opt (iv) Employment history with others; (iii) Make your current notice (v) Marital status; and out. available on a web site (or a link to (vi) Medical history. (c) Methods not reasonably another web site) for the consumer who (4) You do not satisfy the requirement convenient. Examples of methods that obtains a product or service if you communicate or reserve the right are not reasonably convenient include: electronically and who agrees to receive to communicate individually (1) Requiring a consumer to write his the notice at the web site. identifiable health information (as or her own letter to you; or (e) Joint notice with affiliates. You described in section 1171(6)(B) of the (2) Referring in a revised notice to a may provide a joint notice with one or Social Security Act (42 U.S.C. check-off box that you included with a more affiliates as long as the notice 1320d(6)(B)) but omit illustrative previous notice but that you do not identifies each person providing it and examples of this information. include with the revised notice. is accurate with respect to each. (e) Examples of categories of affiliates. (d) Requiring specific means of opting (f) Joint relationships. (1) In general. (1) You satisfy the requirement to out. You may require each consumer to Notwithstanding any other provision in categorize the affiliates to which you opt out through a specific means, as this part, if two or more consumers communicate opt out information if you long as that means is reasonable for that jointly obtain a product or service from list the categories in paragraph (e)(2) of consumer. you (joint consumers), the following this section, as applicable, and a few § 222.8 Delivery of opt out notices. rules apply: examples to illustrate the types of (i) You may provide a single notice to (a) In general. You must deliver an opt affiliates in each category. all of the joint consumers. (2) Categories of affiliates may out notice so that each consumer can (ii) Any of the joint consumers has the include: reasonably be expected to receive actual opportunity to opt out. (i) Financial service providers; and notice in writing or, if the consumer (iii) You may treat an opt out (ii) Non-financial companies. agrees, electronically. direction by a joint consumer either as: (f) Sample notice. A sample notice is (b) Examples of expectation of actual (A) Applying to all of the joint included in appendix A to this part. notice. (1) You may reasonably expect consumers; or that a consumer will receive actual (B) Applying to that particular joint § 222.6 Reasonable opportunity to opt out. notice if you: consumer. (a) In general. You provide a (i) Hand-deliver a printed copy of the (iv) You must explain in your opt out reasonable opportunity to opt out if you notice to the consumer; notice which of the two policies set

VerDate 112000 13:23 Oct 19, 2000 Jkt 194001 PO 00000 Frm 00015 Fmt 4701 Sfmt 4702 E:\FR\FM\20OCP2.SGM pfrm04 PsN: 20OCP2 63134 Federal Register / Vol. 65, No. 204 / Friday, October 20, 2000 / Proposed Rules forth in paragraph (f)(1)(iii) of this electronically, as long as the consumer • Financial service providers, such as section you will follow. continues to have a relationship with [provide illustrative examples, such as (v) If you follow the policy set forth you. If the consumer’s relationship with ‘‘mortgage bankers, broker-dealers, and in paragraph (f)(1)(iii)(B) of this section, insurance agents’’]; and you terminates, the opt out will • Non-financial companies, such as by treating the opt out of a joint continue to apply to this information. [provide illustrative examples, such as consumer as applying to that particular However, a new notice and opportunity ‘‘retailers, direct marketers, airlines, and joint consumer, you must also permit: to opt out must be provided if the publishers’’]. (A) A joint consumer to opt out on consumer establishes a new relationship How To Tell Us Not To Share This behalf of other joint consumers; and with you. (B) One or more joint consumers to Information With Our Corporate Family notify you of their opt out directions in § 222.12 Prohibition against If you prefer that we not share this a single response. discrimination. information with companies in our corporate (vi) You may not require all joint (a) In general. If a consumer is an family, you may direct us not to share this information by doing the following [insert consumers to opt out before you applicant for credit, you must not one or more of the reasonable means of implement any opt out direction. discriminate against the consumer if the opting out listed below 1]: [call us toll free at (vii) If you receive an opt out by a consumer opts out of your {insert toll free number}]; or [visit our web particular joint consumer that does not communication of opt out information site at {insert web site address} and {provide apply to the others, you may disclose to your affiliates. further instructions how to use the web site information about the others as long as (b) Examples of discrimination option}]; or [e-mail us at {insert the e-mail } no information is disclosed about the against an applicant. You discriminate address ]; or [fill out and tear off the bottom of this sheet and mail to the following consumer who opted out. against an applicant if you: { } (2) Example. If consumers A and B, (1) Deny the applicant credit because address: insert address ]; or [check the appropriate box on the attached form {attach who have different addresses, have a the applicant opts out; form} and mail to the following address: joint checking account with you and (2) Vary the terms of credit adversely {insert address}]. arrange for you to send statements to A’s to the applicant such as by providing less favorable pricing terms to an Note: Your direction in this paragraph address, you may do any of the covers certain information about you that we following, but you must explain in your applicant who opts out; or might otherwise share with our corporate opt out notice which opt out policy you (3) Apply more stringent credit family. We may share other information will follow. You may send a single opt underwriting standards to the applicant about you with our corporate family as out notice to A’s address and: because the applicant opts out. permitted by law. (i) Treat an opt out direction by A as (c) Regulation B. The terms applying to the entire account. If you do ‘‘applicant’’ and ‘‘discriminate against’’ By order of the Board of Governors of the Federal Reserve System, October 11, 2000. so and A opts out, you may not require in § 222.12 have the same meanings B to opt out as well before ascribed to them in 12 CFR part 202. Jennifer J. Johnson, Secretary of the Board. implementing A’s opt out direction. Appendix A to Part 222—Sample (ii) Treat A’s opt out direction as Notice Federal Deposit Insurance Corporation applying to A only. If you do so, you 12 CFR Chapter III must also permit: This appendix contains a sample notice to (A) A and B to opt out for each other; facilitate compliance with the notice Authority and Issuance and requirements of this part. An institution may For the reasons set out in the joint (B) A and B to notify you of their opt use applicable disclosures in this sample to preamble, chapter III of title 12 of the out directions in a single response (such provide notices required by this part. Code of Federal Regulations is proposed as on a single form) if they choose to Notice of Your Opportunity to Opt Out of to be amended by adding a new part 334 give separate opt out directions. Information Sharing With Companies in Our to read as follows: (iii) If A opts out only for A, and B Corporate Family does not opt out, you may disclose opt Information We Can Share With Our PART 334ÐFAIR CREDIT REPORTING out information only about B, and not Corporate Family About You—Unless You about A and B jointly. Tell Us Not To Sec. § 222.9 Revised opt out notice. What Information: Unless you tell us not 334.1 Purpose and scope. to, [Financial Institution] may share with 334.2 Examples. If you have provided a consumer with 334.3 Definitions. one or more opt out notices and plan to companies in our Corporate family information about you including: 334.4 Communication of opt out communicate opt out information to • Information we obtain from your information to affiliates. your affiliates about the consumer other application, such as [provide illustrative 334.5 Contents of opt out notice. than as described in those notices, you examples, such as ‘‘your income’’ or ‘‘your 334.6 Reasonable opportunity to opt out. must provide the consumer with a marital status’’]; 334.7 Reasonable means of opting out. 334.8 Delivery of opt out notices. revised opt out notice that complies • Information we obtain from a consumer report, such as [provide illustrative examples, 334.9 Revised opt out notice. with §§ 222.4 through 222.8. 334.10 Time by which opt out must be such as ‘‘your credit score or credit history’’]; honored. § 222.10 Time by which opt out must be • Information we obtain to verify 334.11 Duration of opt out. honored. representations made by you, such as 334.12 Prohibition against discrimination. If you provide a consumer with an opt [provide illustrative examples, such as ‘‘your out notice and the consumer opts out, open lines of credit’’]; and Appendix A to Part 222—Sample Notice • Information we obtain from a person you must comply with the opt out as regarding its employment, credit, or other soon as reasonably practicable after you Authority: 15 U.S.C. 1681s; 12 U.S.C. relationship with you, such as [provide 1819(a)(Tenth). receive it. illustrative examples, such as ‘‘your employment history’’]. § 222.11 Duration of opt out. 1 If the financial institution is using its web site Shared With Whom: Companies in our or an e-mail address as the only method by which An opt out remains effective until corporate family who may receive this a consumer may opt out, the consumer must agree revoked by the consumer in writing or information are: to the electronic delivery of information.

VerDate 112000 16:15 Oct 19, 2000 Jkt 194001 PO 00000 Frm 00016 Fmt 4701 Sfmt 4702 E:\FR\FM\20OCP2.SGM pfrm01 PsN: 20OCP2 Federal Register / Vol. 65, No. 204 / Friday, October 20, 2000 / Proposed Rules 63135

§ 334.1 Purpose and scope. (2) Examples. (i) Reasonably information by a consumer reporting (a) Purpose. This part governs the understandable. You make your notice agency bearing on a consumer’s credit collection, communication, and use, by reasonably understandable if you: worthiness, credit standing, credit the institutions listed in paragraph (b)(2) (A) Present the information in the capacity, character, general reputation, of this section, of certain information notice in clear and concise sentences, personal characteristics, or mode of bearing on a consumer’s credit paragraphs, and sections; living which is used or expected to be worthiness, credit standing, credit (B) Use short explanatory sentences or used or collected in whole or in part for capacity, character, general reputation, bullet lists whenever possible; the purpose of serving as a factor in personal characteristics, or mode of (C) Use definite, concrete, everyday establishing the consumer’s eligibility living. words and active voice whenever for: possible; (i) Credit or insurance to be used (b) Scope. (1) Information covered. (D) Avoid multiple negatives; primarily for personal, family, or This part applies to information that is (E) Avoid legal and highly technical household purposes; used or expected to be used or collected business terminology whenever (ii) Employment purposes; or in whole or in part for the purpose of possible; and (iii) Any other purpose authorized serving as a factor in establishing a (F) Avoid explanations that are under section 604 of the Act (15 U.S.C. consumer’s eligibility for credit, imprecise and are readily subject to 1681b). insurance, employment, or any other different interpretations. (2) Exclusions. The term does not purpose authorized under section 604 of (ii) Designed to call attention. You include: the Fair Credit Reporting Act (15 U.S.C. design your notice to call attention to (i) Any report containing information 1681b). the nature and significance of the solely as to transactions or experiences (2) Institutions covered. This part information it contains if you: between the consumer and the person applies to banks insured by the FDIC (A) Use a plain-language heading to making the report; (other than members of the Federal call attention to the notice; (ii) Any communication of that Reserve System) and insured state (B) Use a typeface and type size that information among affiliates; branches of foreign banks. are easy to read; (iii) Any communication among (3) Relation to other laws. Nothing in (C) Provide wide margins and ample affiliates of opt out information if the this part modifies, limits, or supersedes line spacing; conditions in §§ 334.4 through 334.9 are the standards governing the privacy of (D) Use boldface or italics for key satisfied; individually identifiable health words; and (iv) Any authorization or approval of information promulgated by the (E) In a form that combines your a specific extension of credit directly or Secretary of Health and Human Services notice with other information, use indirectly by the issuer of a credit card under the authority of sections 262 and distinctive type sizes, styles, and or similar device; 264 of the Health Insurance Portability graphic devices, such as shading or (v) Any report in which a person who and Accountability Act of 1996 (42 sidebars. has been requested by a third party to U.S.C. 1320d–1320d–8). (iii) Notice on a web page. If you make a specific extension of credit provide a notice on a web page, you directly or indirectly to a consumer § 334.2 Examples. design your notice to call attention to conveys his or her decision with respect The examples used in this part and the nature and significance of the to such request, if the third party the sample notice in appendix A to this information it contains if: advises the consumer of the name and part are not exclusive. Compliance with (A) You place either the notice, or a address of the person to whom the an example or use of the sample notice, link that connects directly to the notice request was made, and the person to the extent applicable, constitutes and that is labeled appropriately to makes the disclosures to the consumer compliance with this part. convey the importance, nature, and required under section 615 of the Act relevance of the notice, on a page that (15 U.S.C. 1681m); or § 334.3 Definitions. consumers access often, such as a page (vi) A communication described in As used in this part, unless the on which transactions are conducted; section 603(o) of the Act (15 U.S.C. context requires otherwise: (B) You use text or visual cues to 1681a(o)). (a) Act means the Fair Credit encourage scrolling down the page if (h) Consumer reporting agency means Reporting Act (15 U.S.C. 1681 et seq.). necessary to view the entire notice; and any person which, for monetary fees, (C) You ensure that other elements on dues or on a cooperative nonprofit basis, (b) Affiliate. (1) In general. The term the web page (such as text, graphics, regularly engages in whole or in part in means any company that is related or links, or sound) do not detract attention the practice of assembling or evaluating affiliated by common ownership, or from the notice. consumer credit information or other affiliated by corporate control or (d) Communication includes written, information on consumers for the common corporate control, with another oral, and electronic communication; purpose of furnishing consumer reports company. provided that the term includes to third parties, and which uses any (2) Related or affiliated by common electronic communication to a means or facility of interstate commerce ownership or affiliated by corporate consumer only if the consumer agrees to for the purpose of preparing or control or common corporate control. receive the communication furnishing consumer reports. This means controlling, controlled by, electronically. (i) Control of a company means: or under common control with, another (e) Company means any corporation, (1) Ownership, control, or power to company. limited liability company, business vote 25 percent or more of the (c) Clear and conspicuous. (1) In trust, general or limited partnership, outstanding shares of any class of voting general. The term means that a notice is association, or similar organization. security of the company, directly or reasonably understandable and is (f) Consumer means an individual. indirectly, or acting through one or designed to call attention to the nature (g) Consumer report. (1) In general. more other persons; and significance of the information it The term means any written, oral, or (2) Control in any manner over the contains. other communication of any election of a majority of the directors,

VerDate 112000 13:23 Oct 19, 2000 Jkt 194001 PO 00000 Frm 00017 Fmt 4701 Sfmt 4702 E:\FR\FM\20OCP2.SGM pfrm04 PsN: 20OCP2 63136 Federal Register / Vol. 65, No. 204 / Friday, October 20, 2000 / Proposed Rules trustees, or general partners (or (1) Categories of opt out information § 334.6 Reasonable opportunity to opt out. individuals exercising similar functions) about the consumer that you reserve the (a) In general. You provide a of the company; or right to communicate to your affiliates reasonable opportunity to opt out if you (3) The power to exercise, directly or in the future but do not currently provide a reasonable period of time indirectly, a controlling influence over communicate; and following the delivery of the opt out the management or policies of the (2) Categories of affiliates to which notice for the consumer to opt out. company, as the FDIC determines. you reserve the right in the future to (b) Examples of reasonable period of (j) Opt out means a direction by a communicate, but to which you do not time: (1) In person. You hand-deliver an consumer that you not communicate opt currently communicate, opt out opt out notice to the consumer and out information about the consumer to information about the consumer. provide at least 30 days from the date one or more of your affiliates. (c) Partial opt out. You may allow a you delivered the notice. (k) Opt out information means consumer to select certain opt out (2) By mail. You mail an opt out information that: information or certain affiliates, with notice to a consumer and provide at (1) Bears on a consumer’s credit respect to which the consumer wishes least 30 days from the date you mailed worthiness, credit standing, credit to opt out. the notice. capacity, character, general reputation, (d) Examples of categories of (3) By electronic means. You notify personal characteristics, or mode of information that you communicate. (1) the consumer electronically, and you living; You satisfy the requirement to provide at least 30 days after the date (2) Is used or expected to be used or categorize the opt out information that that the consumer acknowledges receipt collected in whole or in part to serve as you communicate if you list the of the electronic notice. a factor in establishing the consumer’s categories in paragraph (d)(2) of this (c) Continuing opportunity to opt out. eligibility for credit or another purpose section, as applicable, and a few A consumer may opt out at any time. listed in section 604 of the Act (15 examples to illustrate the types of § 334.7 Reasonable means of opting out. U.S.C. 1681b); and information in each category. These (a) General rule. You provide a (3) Is not a report containing examples may include those in consumer with a reasonable means of information solely as to transactions or paragraph (d)(3) of this section, if opting out if you provide a reasonably experiences between the consumer and applicable. convenient method to opt out. the person reporting or communicating (2) Categories of opt out information (b) Reasonably convenient methods. the information. may include information: Examples of reasonably convenient (l) Person means any individual, (i) From a consumer’s application; methods include: partnership, corporation, trust, estate, (ii) From a consumer credit report; (1) Designating check-off boxes in a cooperative, association, government or (iii) Obtained by verifying prominent position on the relevant governmental subdivision or agency, or representations made by a consumer; forms included with the opt out notice; other entity. and (2) Including a reply form together (m) You means banks insured by the (iv) Provided by another person with the opt out notice; FDIC (other than members of the regarding its employment, credit, or (3) Providing an electronic means to Federal Reserve System) and insured other relationship with a consumer. opt out, such as a form that can be state branches of foreign banks. (3) Examples of information within a electronically mailed or a process at category listed in paragraph (d)(2) of your web site, if the consumer agrees to § 334.4 Communication of opt out this section include a consumer’s: information to affiliates. the electronic delivery of information; (i) Income; or Your communication to your affiliates (ii) Credit score or credit history with (4) Providing a toll-free telephone of opt out information about a consumer others; number that consumers may call to opt is not a consumer report if: (iii) Open lines of credit with others; out. (a) You have provided the consumer (iv) Employment history with others; (c) Methods not reasonably with an opt out notice; (v) Marital status; and convenient. Examples of methods that (b) You have given the consumer a (vi) Medical history. are not reasonably convenient include: reasonable opportunity and means, (4) You do not satisfy the requirement (1) Requiring a consumer to write his before you communicate the if you communicate or reserve the right or her own letter to you; or information to your affiliates, to opt out; to communicate individually (2) Referring in a revised notice to a and identifiable health information (as check-off box that you included with a (c) The consumer has not opted out. described in section 1171(6)(B) of the previous notice but that you do not Social Security Act (42 U.S.C. § 334.5 Contents of opt out notice. include with the revised notice. 1320d(6)(B)) but omit illustrative (d) Requiring specific means of opting (a) In general. An opt out notice must examples of this information. out. You may require each consumer to be clear and conspicuous, and must (e) Examples of categories of affiliates. opt out through a specific means, as accurately explain: (1) You satisfy the requirement to long as that means is reasonable for that (1) The categories of opt out categorize the affiliates to which you consumer. information about the consumer that communicate opt out information if you you communicate to your affiliates; list the categories in paragraph (e)(2) of § 334.8 Delivery of opt out notices. (2) The categories of affiliates to this section, as applicable, and a few (a) In general. You must deliver an opt which you communicate the examples to illustrate the types of out notice so that each consumer can information; affiliates in each category. reasonably be expected to receive actual (3) The consumer’s ability to opt out; (2) Categories of affiliates may notice in writing or, if the consumer and include: agrees, electronically. (4) A reasonable means for the (i) Financial service providers; and (b) Examples of expectation of actual consumer to opt out. (ii) Non-financial companies. notice. (1) You may reasonably expect (b) Future communications. Your (f) Sample notice. A sample notice is that a consumer will receive actual notice may describe: included in appendix A to this part. notice if you:

VerDate 112000 13:23 Oct 19, 2000 Jkt 194001 PO 00000 Frm 00018 Fmt 4701 Sfmt 4702 E:\FR\FM\20OCP2.SGM pfrm04 PsN: 20OCP2 Federal Register / Vol. 65, No. 204 / Friday, October 20, 2000 / Proposed Rules 63137

(i) Hand-deliver a printed copy of the (iv) You must explain in your opt out § 334.11 Duration of opt out. notice to the consumer; notice which of the two policies set An opt out remains effective until (ii) Mail a printed copy of the notice forth in paragraph (f)(1)(iii) of this revoked by the consumer in writing or to the last known mailing address of the section you will follow. electronically, as long as the consumer consumer; or (v) If you follow the policy set forth continues to have a relationship with (iii) For the consumer who conducts in paragraph (f)(1)(iii)(B) of this section, the institution. If the consumer’s transactions electronically, post the by treating the opt out of a joint relationship with the institution notice on your electronic site and consumer as applying to that particular terminates, the opt out will continue to require the consumer to acknowledge joint consumer, you must also permit: apply to this information. However, a receipt of the notice as a necessary step (A) A joint consumer to opt out on new notice and opportunity to opt out to obtaining a particular product or behalf of other joint consumers; and must be provided if the consumer service; (B) One or more joint consumers to establishes a new relationship with the (2) You may not reasonably expect notify you of their opt out directions in institution. that a consumer will receive actual a single response. notice if you: § 334.12 Prohibition against (i) Only post a sign in your branch or (vi) You may not require all joint discrimination. office or generally publish consumers to opt out before you implement any opt out direction. (a) In general. If a consumer is an advertisements presenting your notice; applicant for credit, you must not (vii) If you receive an opt out by a or discriminate against the consumer if the particular joint consumer that does not (ii) Send the notice via electronic mail consumer opts out of the your apply to the others, you may disclose to a consumer who does not obtain a communication of opt out information information about the others as long as product or service from you to your affiliates. no information is disclosed about the electronically. (b) Examples of discrimination (c) Oral description insufficient. You consumer who opted out. against an applicant. You discriminate may not provide an opt out notice solely (2) Example. If consumers A and B, against an applicant if you: by orally explaining the notice, either in who have different addresses, have a (1) Deny the applicant credit because person or over the telephone. joint checking account with you and the applicant opts out; (d) Retention or accessibility. (1) In arrange for you to send statements to A’s (2) Vary the terms of credit adversely general. You must provide an opt out address, you may do any of the to the applicant such as by providing notice so that it can be retained or following, but you must explain in your less favorable pricing terms to an obtained at a later time by the consumer opt out notice which opt out policy you applicant who opts out; or in writing or, if the consumer agrees, will follow. You may send a single opt (3) Apply more stringent credit electronically. out notice to A’s address and: underwriting standards to the applicant (2) Examples of retention or (i) Treat an opt out direction by A as accessibility. You provide the notice so because the applicant opts out. applying to the entire account. If you do (c) Regulation B. The terms that it can be retained or obtained at a so and A opts out, you may not require later time if you: ‘‘applicant’’ and ‘‘discriminate against’’ B to opt out as well before in § 334.12 have the same meanings (i) Hand-deliver a printed copy of the implementing A’s opt out direction. notice to the consumer; ascribed to them in 12 CFR part 202. (ii) Treat A’s opt out direction as (ii) Mail a printed copy of the notice applying to A only. If you do so, you Appendix A to Part 334—Sample to the last known address of the Notice consumer upon request of the must also permit: consumer; or (A) A and B to opt out for each other; This appendix contains a sample notice to (iii) Make your current notice and facilitate compliance with the notice available on a web site (or a link to (B) A and B to notify you of their opt requirements of this part. An institution may another web site) for the consumer who out directions in a single response (such use applicable disclosures in this sample to obtains a product or service as on a single form) if they choose to provide notices required by this part. electronically and who agrees to receive give separate opt out directions. Notice of Your Opportunity To Opt Out of the notice at the web site. (iii) If A opts out only for A, and B Information Sharing With Companies in Our (e) Joint notice with affiliates. You does not opt out, you may disclose opt Corporate Family may provide a joint notice with one or out information only about B, and not Information We Can Share With Our more affiliates as long as the notice about A and B jointly. Corporate Family About You—Unless You identifies each person providing it and Tell Us Not to § 334.9 Revised opt out notice. is accurate with respect to each. What Information: Unless you tell us not (f) Joint relationships. (1) In general. If you have provided a consumer with to, [Financial Institution] may share with Notwithstanding any other provision in one or more opt out notices and plan to companies in our corporate family this part, if two or more consumers communicate opt out information to information about you including: jointly obtain a product or service from your affiliates about the consumer, other • Information we obtain from your you (joint consumers), the following than as described in those notices, you application, such as [provide illustrative rules apply: must provide the consumer with a examples, such as ‘‘your income’’ or ‘‘your revised opt out notice that complies marital status’’]; (i) You may provide a single notice to • all of the joint consumers. with §§ 334.4 through 334.8. Information we obtain from a consumer (ii) Any of the joint consumers has the report, such as [provide illustrative examples, such as ‘‘your credit score or credit history’’]; opportunity to opt out. § 334.10 Time by which opt out must be honored. • Information we obtain to verify (iii) You may treat an opt out representations made by you, such as direction by a joint consumer either as: If you provide a consumer with an opt [provide illustrative examples, such as ‘‘your (A) Applying to all of the joint out notice and the consumer opts out, open lines of credit’’]; and consumers; or you must comply with the opt out as • Information we obtain from a person (B) Applying to that particular joint soon as reasonably practicable after you regarding its employment, credit, or other consumer. receive it. relationship with you, such as [provide

VerDate 112000 13:23 Oct 19, 2000 Jkt 194001 PO 00000 Frm 00019 Fmt 4701 Sfmt 4702 E:\FR\FM\20OCP2.SGM pfrm04 PsN: 20OCP2 63138 Federal Register / Vol. 65, No. 204 / Friday, October 20, 2000 / Proposed Rules illustrative examples, such as ‘‘your 571.10 Time by which opt out must be (c) Clear and conspicuous. (1) In employment history’’]. honored. general. The term means that a notice is Shared With Whom: Companies in our 571.11 Duration of opt out. reasonably understandable and is corporate family who may receive this 571.12 Prohibition against discrimination. designed to call attention to the nature information are: • Financial service providers, such as Appendix A to Part 571—Sample Notice and significance of the information it [provide illustrative examples, such as contains. Authority: 12 U.S.C. 1462a, 1463, 1464, (2) Examples. (i) Reasonably ‘‘mortgage bankers, broker-dealers, and 1467a, 1828; 15 U.S.C. 1681s. insurance agents’’]; and understandable. You make your notice • Non-financial companies, such as § 571.1 Purpose and scope. reasonably understandable if you: [provide illustrative examples, such as (a) Purpose. This part governs the (A) Present the information in the ‘‘retailers, direct marketers, airlines, and notice in clear and concise sentences, publishers’’]. collection, communication, and use, by the institutions listed in paragraph (b)(2) paragraphs, and sections; (B) Use short explanatory sentences or How To Tell Us Not To Share This of this section, of certain information bullet lists whenever possible; Information With Our Corporate Family bearing on a consumer’s credit (C) Use definite, concrete, everyday If you prefer that we not share this worthiness, credit standing, credit words and active voice whenever information with companies in our corporate capacity, character, general reputation, family, you may direct us not to share this possible; personal characteristics, or mode of (D) Avoid multiple negatives; information by doing the following [insert living. one or more of the reasonable means of (E) Avoid legal and highly technical opting out listed below1]: [call us toll free at (b) Scope. (1) Information covered. business terminology whenever {insert toll free number}]; or [visit our web This part applies to information that is possible; and site at {insert web site address} and {provide used or expected to be used or collected (F) Avoid explanations that are further instructions how to use the web site in whole or in part for the purpose of imprecise and are readily subject to option}]; or [e-mail us at {insert the e-mail serving as a factor in establishing a } different interpretations. address ]; or [fill out and tear off the bottom consumer’s eligibility for credit, (ii) Designed to call attention. You of this sheet and mail to the following { } insurance, employment, or any other design your notice to call attention to address: insert address ]; or [check the purpose authorized under section 604 of appropriate box on the attached form {attach the nature and significance of the form} and mail to the following address: the Fair Credit Reporting Act (15 U.S.C. information it contains if you: {insert address}]. 1681b). (A) Use a plain-language heading to (2) Institutions covered. This part call attention to the notice; Note: Your direction in this paragraph applies to savings associations whose covers certain information about you that we (B) Use a typeface and type size that might otherwise share with our corporate deposits are insured by the Federal are easy to read; family. We may share other information Deposit Insurance Corporation. (C) Provide wide margins and ample about you with our corporate family as (3) Relation to other laws. Nothing in line spacing; permitted by law. this part modifies, limits, or supersedes (D) Use boldface or italics for key the standards governing the privacy of words; and By order of the Board of Directors, Federal individually identifiable health (E) In a form that combines your Deposit Insurance Corporation. information promulgated by the notice with other information, use Dated at Washington, D.C., this 25th day of Secretary of Health and Human Services distinctive type sizes, styles, and September, 2000. under the authority of sections 262 and graphic devices, such as shading or Robert E. Feldman, 264 of the Health Insurance Portability sidebars. Executive Secretary. and Accountability Act of 1996 (42 (iii) Notice on a web page. If you U.S.C. 1320d–1320d–8). provide a notice on a web page, you Office of Thrift Supervision design your notice to call attention to 12 CFR Chapter V § 571.2 Examples. the nature and significance of the The examples used in this part and information it contains if: Authority and Issuance the model form in appendix A to this (A) You place either the notice, or a For the reasons set out in the joint part are not exclusive. Compliance with link that connects directly to the notice preamble, OTS proposes to amend an example or use of the sample notice, and that is labeled appropriately to chapter V of title 12 of the Code of to the extent applicable, constitutes convey the importance, nature, and Federal Regulations by adding a new compliance with this part. relevance of the notice, on a page that part 571 to read as follows: consumers access often, such as a page § 571.3 Definitions. on which transactions are conducted; PART 571ÐFAIR CREDIT REPORTING As used in this part, unless the (B) You use text or visual cues to context requires otherwise: encourage scrolling down the page if Sec. (a) Act means the Fair Credit 571.1 Purpose and scope. necessary to view the entire notice; and 571.2 Examples. Reporting Act (15 U.S.C. 1681 et seq.). (C) You ensure that other elements on 571.3 Definitions. (b) Affiliate. (1) In general. The term the web page (such as text, graphics, 571.4 Communication of opt out means any company that is related or links, or sound) do not detract attention information to affiliates. affiliated by common ownership, or from the notice. 571.5 Content of opt out notice. affiliated by corporate control or (d) Communication includes written, 571.6 Reasonable opportunity to opt out. common corporate control, with another oral, and electronic communication; 571.7 Reasonable means of opting out. company. provided that the term includes 571.8 Delivery of opt out notice. (2) Related or affiliated by common electronic communication to a 571.9 Revised opt out notice. ownership or affiliated by corporate consumer only if the consumer agrees to control or common corporate control. receive the communication 1 If the financial institution is using its web site or an e-mail address as the only method by which This means controlling, controlled by, electronically. a consumer may opt out, the consumer must agree or under common control with, another (e) Company means any corporation, to the electronic delivery of information. company. limited liability company, business

VerDate 112000 13:23 Oct 19, 2000 Jkt 194001 PO 00000 Frm 00020 Fmt 4701 Sfmt 4702 E:\FR\FM\20OCP2.SGM pfrm04 PsN: 20OCP2 Federal Register / Vol. 65, No. 204 / Friday, October 20, 2000 / Proposed Rules 63139 trust, general or limited partnership, outstanding shares of any class of voting (4) A reasonable means for the association, or similar organization. security of the company, directly or consumer to opt out. (f) Consumer means an individual. indirectly, or acting through one or (b) Future communications. Your (g) Consumer report. (1) In general. more other persons; notice may describe: The term means any written, oral, or (2) Control in any manner over the (1) Categories of opt out information other communication of any election of a majority of the directors, about the consumer that you reserve the information by a consumer reporting trustees, or general partners (or right to communicate to your affiliates agency bearing on a consumer’s credit individuals exercising similar functions) in the future but do not currently worthiness, credit standing, credit of the company; or communicate; and capacity, character, general reputation, (3) The power to exercise, directly or (2) Categories of affiliates to which personal characteristics, or mode of indirectly, a controlling influence over you reserve the right in the future to living which is used or expected to be the management or policies of the communicate, but to which you do not used or collected in whole or in part for company, as OTS determines. currently communicate, opt out the purpose of serving as a factor in (j) Opt out means a direction by a information about the consumer. establishing the consumer’s eligibility consumer that you not communicate opt (c) Partial opt out. You may allow a for: out information about the consumer to consumer to select certain opt out (i) Credit or insurance to be used one or more of your affiliates. information or certain affiliates, with primarily for personal, family, or (k) Opt out information means respect to which the consumer wishes household purposes; information that: to opt out. (ii) Employment purposes; or (1) Bears on a consumer’s credit (d) Examples of categories of (iii) Any other purpose authorized worthiness, credit standing, credit information that you communicate. (1) under section 604 of the Act (15 U.S.C. capacity, character, general reputation, You satisfy the requirement to 1681b). personal characteristics, or mode of categorize the opt out information that (2) Exclusions. The term does not living; you communicate if you list the include: (2) Is used or expected to be used or categories in paragraph (d)(2) of this (i) Any report containing information collected in whole or in part to serve as section, as applicable, and a few solely as to transactions or experiences a factor in establishing the consumer’s examples to illustrate the types of between the consumer and the person eligibility for credit or another purpose information in each category. These making the report; listed in section 604 of the Act (15 examples may include those in (ii) Any communication of that U.S.C. 1681b); and paragraph (d)(3) of this section, if information among affiliates; (3) Is not a report containing applicable. (iii) Any communication among information solely as to transactions or (2) Categories of opt out information affiliates of opt out information if the experiences between the consumer and may include information: conditions in §§ 571.4 through 571.9 are the person reporting or communicating (i) From a consumer’s application; satisfied; the information. (ii) From a consumer credit report; (iv) Any authorization or approval of (l) Person means any individual, (iii) Obtained by verifying a specific extension of credit directly or partnership, corporation, trust, estate, representations made by a consumer; or indirectly by the issuer of a credit card cooperative, association, government or (iv) Provided by another person or similar device; governmental subdivision or agency, or regarding its employment, credit, or (v) Any report in which a person who other entity. other relationship with a consumer. has been requested by a third party to (m) You means savings associations (3) Examples of information within a make a specific extension of credit whose deposits are insured by the category listed in paragraph (d)(2) of directly or indirectly to a consumer Federal Deposit Insurance Corporation. this section include a consumer’s: conveys his or her decision with respect § 571.4 Communication of opt out (i) Income; to such request, if the third party information to affiliates. (ii) Credit score or credit history with advises the consumer of the name and Your communication to your affiliates others; address of the person to whom the (iii) Open lines of credit with others; of opt out information about a consumer request was made, and the person (iv) Employment history with others; is not a consumer report if: (v) Marital status; and makes the disclosures to the consumer (a) You have provided the consumer (vi) Medical history. required under section 615 of the Act with an opt out notice; (4) You do not satisfy the requirement (15 U.S.C. 1681m); or (b) You have given the consumer a if you communicate or reserve the right (vi) A communication described in reasonable opportunity and means, to communicate individually section 603(o) of the Act (15 U.S.C. before you communicate the identifiable health information (as 1681a(o)). information to your affiliates, to opt out; (h) Consumer reporting agency means described in section 1171(6)(B) of the and any person which, for monetary fees, (c) The consumer has not opted out. Social Security Act (42 U.S.C. dues or on a cooperative nonprofit basis, 1320d(6)(B)) but omit illustrative regularly engages in whole or in part in § 571.5 Content of opt out notice. examples of this information. the practice of assembling or evaluating (a) In general. An opt out notice must (e) Examples of categories of affiliates. consumer credit information or other be clear and conspicuous, and must (1) You satisfy the requirement to information on consumers for the accurately explain: categorize the affiliates to which you purpose of furnishing consumer reports (1) The categories of opt out communicate opt out information if you to third parties, and which uses any information about the consumer that list the categories in paragraph (e)(2) of means or facility of interstate commerce you communicate to your affiliates; this section, as applicable, and a few for the purpose of preparing or (2) The categories of affiliates to examples to illustrate the types of furnishing consumer reports. which you communicate the affiliates in each category. (i) Control of a company means: information; (2) Categories of affiliates may (1) Ownership, control, or power to (3) The consumer’s ability to opt out; include: vote 25 percent or more of the and (i) Financial service providers; and

VerDate 112000 13:23 Oct 19, 2000 Jkt 194001 PO 00000 Frm 00021 Fmt 4701 Sfmt 4702 E:\FR\FM\20OCP2.SGM pfrm04 PsN: 20OCP2 63140 Federal Register / Vol. 65, No. 204 / Friday, October 20, 2000 / Proposed Rules

(ii) Non-financial companies. (b) Examples of expectation of actual (A) Applying to all of the joint (f) Sample notice. A sample notice is notice. (1) You may reasonably expect consumers; or included in appendix A to this part. that a consumer will receive actual (B) Applying to that particular joint notice if you: consumer. § 571.6 Reasonable opportunity to opt out. (i) Hand-deliver a printed copy of the (iv) You must explain in your opt out (a) In general. You provide a notice to the consumer; notice which of the two policies set reasonable opportunity to opt out if you (ii) Mail a printed copy of the notice forth in paragraph (f)(1)(iii) of this provide a reasonable period of time to the last known mailing address of the section you will follow. following the delivery of the opt out consumer; or (v) If you follow the policy set forth notice for the consumer to opt out. (iii) For the consumer who conducts in paragraph (f)(1)(iii)(B) of this section, (b) Examples of reasonable period of transactions electronically, post the by treating the opt out of a joint time: (1) In person. You hand-deliver an notice on your electronic site and consumer as applying to that particular opt out notice to the consumer and require the consumer to acknowledge joint consumer, you must also permit: provide at least 30 days from the date receipt of the notice as a necessary step (A) A joint consumer to opt out on you delivered the notice. to obtaining a particular product or behalf of other joint consumers; and (2) By mail. You mail an opt out service; (B) One or more joint consumers to notice to a consumer and provide at (iv) You may not reasonably expect notify you of their opt out directions in least 30 days from the date you mailed that a consumer will receive actual a single response. the notice. notice if you: (vi) You may not require all joint (3) By electronic means. You notify (A) Only post a sign in your branch consumers to opt out before you the consumer electronically, and you or office or generally publish implement any opt out direction. provide at least 30 days after the date advertisements presenting your notice; (vii) If you receive an opt out by a that the consumer acknowledges receipt or particular joint consumer that does not (B) Send the notice via electronic mail of the electronic notice. apply to the others, you may disclose (c) Continuing opportunity to opt out. to a consumer who does not obtain a information about the others as long as A consumer may opt out at any time. product or service from you no information is disclosed about the electronically. § 571.7 Reasonable means of opting out. (c) Oral description insufficient. You consumer who opted out. (a) General rule. You provide a may not provide an opt out notice solely (2) Example. If consumers A and B, consumer with a reasonable means of by orally explaining the notice, either in who have different addresses, have a opting out if you provide a reasonably person or over the telephone. joint checking account with you and convenient method to opt out. (d) Retention or accessibility. (1) In arrange for you to send statements to A’s (b) Reasonably convenient methods. general. You must provide an opt out address, you may do any of the Examples of reasonably convenient notice so that it can be retained or following, but you must explain in your methods include: obtained at a later time by the consumer opt out notice which opt out policy you (1) Designating check-off boxes in a in writing or, if the consumer agrees, will follow. You may send a single opt prominent position on the relevant electronically. out notice to A’s address and: forms included with the opt out notice; (2) Examples of retention or (i) Treat an opt out direction by A as (2) Including a reply form together accessibility. You provide the notice so applying to the entire account. If you do with the opt out notice; that it can be retained or obtained at a so and A opts out, you may not require (3) Providing an electronic means to later time if you: B to opt out as well before opt out, such as a form that can be (i) Hand-deliver a printed copy of the implementing A’s opt out direction. electronically mailed or a process at notice to the consumer; (ii) Treat A’s opt out direction as your web site, if the consumer agrees to (ii) Mail a printed copy of the notice applying to A only. If you do so, you the electronic delivery of information; to the last known address of the must also permit: or consumer upon request of the (A) A and B to opt out for each other; (4) Providing a toll-free telephone consumer; or and number that consumers may call to opt (iii) Make your current notice (B) A and B to notify you of their opt out. available on a web site (or a link to out directions in a single response (such (c) Methods that are not reasonably another web site) for the consumer who as on a single form) if they choose to convenient. Examples of methods that obtains a product or service give separate opt out directions. are not reasonably convenient include: electronically and who agrees to receive (iii) If A opts out only for A, and B (1) Requiring a consumer to write his the notice at the web site. does not opt out, you may disclose opt or her own letter to you; or (e) Joint notice with affiliates. You out information only about B, and not (2) Referring in a revised notice to a may provide a joint notice with one or about A and B jointly. check-off box that you included with a more affiliates as long as the notice previous notice but that you do not identifies each person providing it and § 571.9 Revised opt out notice. include with the revised notice. is accurate with respect to each. If you have provided a consumer with (d) Requiring specific means of opting (f) Joint relationships. (1) In general. one or more opt out notices and plan to out. You may require each consumer to Notwithstanding any other provision in communicate opt out information to opt out through a specific means, as this part, if two or more consumers your affiliates about the consumer, other long as that means is reasonable for that jointly obtain a product or service from than as described in those notices, you consumer. you (joint consumers), the following must provide the consumer with a rules apply: revised opt out notice that complies § 571.8 Delivery of opt out notice. (i) You may provide a single notice to with §§ 571.4 through 571.8. (a) In general. You must deliver an opt all of the joint consumers. out notice so that each consumer can (ii) Any of the joint consumers has the § 571.10 Time by which opt out must be reasonably be expected to receive actual opportunity to opt out. honored. notice in writing or, if the consumer (iii) You may treat an opt out If you provide a consumer with an opt agrees, electronically. direction by a joint consumer either as: out notice and the consumer opts out,

VerDate 112000 13:23 Oct 19, 2000 Jkt 194001 PO 00000 Frm 00022 Fmt 4701 Sfmt 4702 E:\FR\FM\20OCP2.SGM pfrm04 PsN: 20OCP2 Federal Register / Vol. 65, No. 204 / Friday, October 20, 2000 / Proposed Rules 63141 you must comply with the opt out as in this section have the same meanings ‘‘mortgage bankers, broker-dealers, and soon as reasonably practicable after you ascribed to them in 12 CFR part 202. insurance agents’’]; and • receive it. Non-financial companies, such as Appendix A to Part 571—Sample [provide illustrative examples, such as § 571.11 Duration of opt out. Notice ‘‘retailers, direct marketers, airlines, and publishers’’]. An opt out remains effective until This appendix contains a sample notice to revoked by the consumer in writing or facilitate compliance with the notice How To Tell Us Not To Share This electronically, as long as the consumer requirements of this part. An institution may Information With Our Corporate Family continues to have a relationship with use applicable disclosures in this sample to If you prefer that we not share this the institution. If the consumer’s provide notices required by this part. information with companies in our corporate family, you may direct us not to share this relationship with the institution Notice of Your Opportunity to Opt Out of information by doing the following [insert terminates, the opt out will continue to Information Sharing With Companies in Our apply to this information. However, a one or more of the reasonable means of Corporate Family 1 new notice and opportunity to opt out opting out listed below ]: [call us toll free at Information We Can Share With Our {insert toll free number}]; or [visit our web must be provided if the consumer Corporate Family About You—Unless You site at {insert web site address} and {provide establishes a new relationship with the Tell Us Not to further instructions how to use the web site institution. } { What Information: Unless you tell us not option ]; or [e-mail us at insert the e-mail address}]; or [fill out and tear off the bottom § 571.12 Prohibition against to, [Financial Institution] may share with of this sheet and mail to the following discrimination. companies in our corporate family address: {insert address}]; or [check the information about you including: (a) In general. You must not appropriate box on the attached form {attach • Information we obtain from your discriminate against a consumer who is form} and mail to the following address: application, such as [provide illustrative {insert address}]. an applicant for credit because the examples, such as ‘‘your income’’ or ‘‘your consumer opts out of your marital status’’]; Note: Your direction in this paragraph covers certain information about you that we communication of opt out information • Information we obtain from a consumer might otherwise share with our corporate to your affiliates. report, such as [provide illustrative examples, family. We may share other information (b) Examples of discrimination such as ‘‘your credit score or credit history’’]; against an applicant. You discriminate • about you with our corporate family as Information we obtain to verify permitted by law. against an applicant if you: representations made by you, such as (1) Deny the applicant credit because [provide illustrative examples, such as ‘‘your Dated: September 29, 2000. the applicant opts out; open lines of credit’’]; and By the Office of Thrift Supervision. (2) Vary the terms of credit adversely • Information we obtain from a person Ellen Seidman, to the applicant such as by providing regarding its employment, credit, or other Director. less favorable pricing terms to an relationship with you, such as [provide [FR Doc. 00–26601 Filed 10–19–00; 8:45 am] illustrative examples, such as ‘‘your applicant who opts out; or BILLING CODE 4810±33±P; 6210±01P; 6714±01±P; 6720± employment history’’]. 01±P (3) Apply more stringent credit Shared With Whom: Companies in our underwriting standards to the applicant corporate family who may receive this 1 If the financial institution is using its web site because the applicant opts out. information are: • or an e-mail address as the only method by which (c) Regulation B. The terms Financial service providers, such as a consumer may opt out, the consumer must agree ‘‘applicant’’ and ‘‘discriminate against’’ [provide illustrative examples, such as to the electronic delivery of information.

VerDate 112000 16:15 Oct 19, 2000 Jkt 194001 PO 00000 Frm 00023 Fmt 4701 Sfmt 4702 E:\FR\FM\20OCP2.SGM pfrm01 PsN: 20OCP2 Friday, October 20, 2000

Part III

Department of the Interior Bureau of Indian Affairs

25 CFR Part 20 Financial Assistance and Social Services Programs; Final Rule

VerDate 112000 13:29 Oct 19, 2000 Jkt 194001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\20OCR2.SGM pfrm04 PsN: 20OCR2 63144 Federal Register / Vol. 65, No. 204 / Friday, October 20, 2000 / Rules and Regulations

DEPARTMENT OF THE INTERIOR accordance with tribal desires and The final rule reflects this input and existing law; provides tribes with choices as to how Bureau of Indian Affairs • Given fluctuations in financial they might proceed with their own assistance caseloads and emergencies, it versions of welfare reform. In addition, 25 CFR Part 20 has been difficult to plan and refine the the rule clarifies specific eligibility RIN 1076±AD95 existing service delivery framework; criteria for applicants and describes • The Department of Health and where services may be provided for Financial Assistance and Social Human Services (HHS) has made a eligible applicants. The program will Services Programs policy decision to allow Temporary continue to be based upon need and the Assistance for Needy Families (TANF) annual distribution of funds is based AGENCY: Bureau of Indian Affairs, payments to be included as one of the upon the number of cases and lack of Interior. grants under Public Law 102–477; • other resources to meet need. ACTION: Final rule. Public Law 104–193 Personal Responsibility and Work Opportunity Review of Public Comments SUMMARY: The Bureau of Indian Affairs Reconciliation Act of 1996 (PRWORA) Appeal means a written request for (Bureau) is amending the existing reduced funding level authorizations correction of an action or decision of a Financial Assistance and Social and required General Assistance (GA) specific program decision by a Bureau Services Program regulations to payments to be equal to the level of state official (§ 20.700) or a tribal official incorporate rules for Adult Care TANF payments; and (§ 20.705). • Assistance, Burial Assistance, Child The Indian Child Protection and No comments were received on this Assistance, Disaster Assistance, Family Violence Prevention Act and the definition. Emergency Assistance, General Adoption and Safe Families Act have Applicant means an Indian individual Assistance, Services to Children, Elderly established new standards in child or person by or on whose behalf an and Families, Tribal Welfare Reform, welfare. The regulations need revision application for financial assistance and/ and Tribal Work Experience Program. to incorporate and consolidate or social services has been made under All other sections are revised and additional child protection and this part. renumbered to conform to existing permanency planning requirements. One commenter recommended an programmatic and budgetary statutes The Bureau continues to support the applicant be an ‘‘enrolled Indian.’’ and conditions. Also, these regulations policy that Indian people are eligible Response: This recommendation was have been rewritten in Plain English as and should receive financial assistance not adopted. The definition of ‘‘Indian’’ required by Executive Order 12866. In and social services from local state, states that an Indian is a member of a keeping with the intent of Plain English, county, and city resources on the same federally recognized tribe that is we added more subparts for easier use basis as non-Indians. For the purposes recognized by the Bureau of Indian in reference. of simplifying the locations where we Affairs to receive service. The definition will provide the financial assistance and EFFECTIVE DATE: These regulations take was not changed because the term effect on November 20, 2000. social services program, we use the term ‘‘Indian’’ indicates the applicant is a ‘‘service area’’ in these regulations and FOR FURTHER INFORMATION CONTACT: member of a tribe that is recognized by tell you how to get a service area if one the Federal Government to receive Larry Blair, Chief, Division of Social does not yet exist. Services, Department of the Interior, service. Bureau of Indian Affairs, 1849 C Street, Summary of the Rule Application means the written or oral process through which a request is NW., MS–4660–MIB, Washington, DC The rule provides tribes the option of 20240 at telephone (202) 208–2721. made for financial assistance or social operating their own general assistance services. SUPPLEMENTARY INFORMATION: We last program through a redesign plan which One commenter stated the revised the financial assistance and incorporates welfare reform or utilizing requirement of a written application social services regulations in 25 CFR the Bureau’s revised regulations on was in conflict with § 20.600(a) which part 20 in 1985. Since that time, a general assistance as a program standard states an application may be written or number of important changes have for operation. In addition, the rule oral. This section was renumbered as occurred that are not reflected in the provides clear concise guidance for § 20.601 in the final rule. existing regulations. These actions operation of other program components Response: This recommendation was present an opportunity to review the including Adult Care Assistance, Burial adopted. The language was changed to current priorities and policies contained Assistance, Child Assistance, Disaster state that an application can be oral or in the regulations and propose changes Assistance, Emergency Assistance, written. that conform to existing conditions. We Services to Children, Elderly and Area Director means the Bureau published a proposed rule in the Families and Tribal Work Experience official in charge of an Area Office. Federal Register on May 6, 1999 (64 FR Program. These Bureau programs do not One commenter stated that Area 24296). We considered the following replace any existing services, but in Director had changed to Regional factors in proposing changes in the many instances interface with existing Director. current regulations: federal, state, county and tribal Response: This recommendation was • The primary purpose of the programs. Many of these governmental adopted and the definition was changed amendments is to provide clear, concise public assistance programs have been to Regional Director. regulations that will improve program modified and revised as a result of Assistant Secretary means the implementation; PRWORA and the Bureau has the task Assistant Secretary—Indian Affairs. • Congress has enacted a cap on the of distinguishing and describing its No comments were received on this level of financial assistance funding; programs to prevent duplication of definition. • Existing financial assistance and services. Much tribal input was received Authorized representative means a social services regulations do not both during the comment period and in parent or other caretaker relative, provide for the development of tribal prior meetings with tribal leaders and conservator, legal guardian, foster welfare reform/redesign plans in program officials. parent, attorney, paralegal acting under

VerDate 112000 13:29 Oct 19, 2000 Jkt 194001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 E:\FR\FM\20OCR2.SGM pfrm04 PsN: 20OCR2 Federal Register / Vol. 65, No. 204 / Friday, October 20, 2000 / Rules and Regulations 63145 the supervision of an attorney, friend or assistance. Additionally, adult and adult provisions and client progress, other spokesperson duly authorized and care will be added as definitions. The advocacy, tracking and evaluating acting on behalf or representing the Bureau has the discretion to establish services provided, such as evaluation of applicant or recipient. payment standards for unmet needs that child’s treatment being concurrent with No comments were received on this it does not routinely provide, such as parent’s treatment, and provision of definition. Emergency Assistance, Adoption or aftercare service. Activities may also Bureau means the Bureau of Indian Guardianship subsidy; therefore, these include resource development and Affairs of the United States Department rates will be established by the Assistant providing other direct services such as of the Interior. Secretary. The Burial Assistance accountability of funds, data collection, No comments were received on this payment level will also remain an reporting requirements, and definition. indigent Burial Assistance rate, and the documenting activities in the case file. Bureau Standard of Assistance means rate will continue to be established by Some commenters stated that social payment standards established by the the Assistant Secretary. The Bureau has services staff cannot perform this Assistant Secretary—Indian Affairs for limited experience in dealing with function without additional resources, Burial, Disaster, Emergency, and natural disasters, but has coordinated and one commenter stated that this is a Adoption and Guardianship subsidy. In assistance with Red Cross and Federal practice issue, and should not be part of accordance with Pub. L. 104–193, the Emergency Management Assistance the Bureau’s definitions. Bureau Standard of Assistance for (FEMA) when disaster occurs on Indian Response: These recommendations General Assistance is the state rate for reservations. The Assistant Secretary were not adopted. The need for TANF in the state where the applicant will establish payment rates for additional resources to accomplish case lives. Child Assistance and Foster Care allowable expense(s) when disaster management was not addressed as this rates are in accordance with Title IV of strikes an Indian reservation. The is not a regulatory issue. The Bureau the Social Security Act (49 Stat. 620) payment levels established by the disagreed with the comment that this and Pub. L. 104–193. Assistant Secretary will be reviewed definition is primarily a practice issue. Some commenters raised the and updated periodically. The Bureau The Bureau views this definition as a following questions: (1) What authority will add a definition for financial quality control method used by a social under Pub. L. 104–193 is used as the assistance to add clarity. services worker and his/her supervisor basis for the Bureau Standard of Burial Assistance means a financial to track cases to ensure appropriate Assistance for General Assistance and assistance payment made on behalf of services are provided. In addition, a Foster Care? (2) Why is the Bureau an indigent eligible Indian person who review system is established to required to use Foster Care rates in meets the eligibility criteria to provide determine client progress and link accordance with Title IV of the Social minimum burial expenses according to resources that may be needed to Security Act? (3) What Bureau Standard the Bureau payment standards institute change. This definition will be of Assistance is used for multi-state established by the Assistant Secretary— of assistance to case managers for tribes? (4) Why shouldn’t the Bureau Indian Affairs. maintaining data collection and/or Standard of Assistance be an amount One commenter requested deletion of information required by federal laws equal to the larger of either the state or ‘‘indigent.’’ Other commenters and for documenting the need for tribal TANF amount? (5) Why should recommended the tribe establish their welfare assistance funds. the Bureau set their own Standard of own Burial Assistance payment level. Case plan means a signed written Assistance? (6) What is the Bureau’s One commenter recommended plan with time limited goals which is definition for financial assistance? judgement funds not be counted as developed and signed by the service Response: These recommendations income toward the Burial Assistance recipient and social services worker. were partially adopted. Pub. L. 104–193 payment. The plan will include documentation of does require the Bureau General Response: These recommendations referral and ineligibility for other Assistance payment levels be tied to the were not adopted. The Bureau’s Burial services. The plan must incorporate the state TANF rate including ratable Assistance has always been used for steps needed to assist individuals and reduction. Child Assistance was deleted eligible Indians who are ‘‘indigent,’’ and families to resolve social, economic, from the reference to rates as Foster Care who have no resources available to be psychological, interpersonal, and/or rates should have been the only service used for Burial Assistance. The Bureau other problems, to achieve self- referenced. By tradition, the Bureau has will continue to make this assistance for sufficiency and independence. All plans used state Foster Care rates for Indian ‘‘indigent’’ Indians, only, and will retain for children in Foster Care must include children requiring care. Based on the the discretion to establish an indigent a time specific goal of the return of the Bureau’s experience, this is the most burial rate. Judgement funds that are child to the home or initiation of a equitable payment level for Foster Care, exempted by federal law(s) are not guardianship/adoption. and the Bureau continues to use the counted as income by the Bureau for the Some commenters requested state established Foster Care rates for purpose of federal assistance. explanation as to when permanency this purpose. The Bureau acknowledges Case means all individuals in the plans should be included in case plans. the need to explain service delivery household. One wanted a clarification as to how the where a reservation extends into more Some commenters stated that the case plan differed from the Individual than one state and added language to definition for case was too simplified Self-sufficiency Plan (ISP). that effect. There may be instances and needed to be further defined. Response: These recommendations when the General Assistance rate would Response: The recommendations were were partially adopted. Permanency be a larger amount than the state TANF adopted and the definition was plans should be developed and rate if the tribe has chosen to redesign changed. included in case plans for all out of their General Assistance program. The Case management means the activity home placements including residential Bureau Standard of Assistance for Adult of a social services worker in assessing care. The definition of ‘‘Permanency Care Assistance and TWEP will be client and family problem(s), case Plan’’ includes language that allows added to the definition because these planning, coordinating and linking tribes to establish a permanency plan for services were added under financial services for clients, monitoring service children that are consistent with their

VerDate 112000 13:29 Oct 19, 2000 Jkt 194001 PO 00000 Frm 00003 Fmt 4701 Sfmt 4700 E:\FR\FM\20OCR2.SGM pfrm04 PsN: 20OCR2 63146 Federal Register / Vol. 65, No. 204 / Friday, October 20, 2000 / Rules and Regulations tribal codes. ISP is specific action(s) temporary out-of-home placement or general assistance, and other state which a General Assistance recipient respite assistance may be necessary to assistance such as TANF are available to must accomplish in order to become preserve the family. The cost associated meet economic hardships of individuals employed and retain employment. The with guardianship subsidy and adoption needing financial assistance. definition for the ISP states that this subsidy is addressed under the Bureau Emergency means a situation where plan will be incorporated into the Case Standard of Assistance, and the an individual or family’s home and Plan, or in essence, the ISP is only one expenses related to homemaker, day personal possessions are either part of the Case Plan. care and respite service are considered destroyed or damaged through forces Child means an Indian person under ‘‘Special Needs’’ as specified in beyond their control as specified in the age of 18 or such other age of § 20.100. The definition was revised to § 20.329. majority as may be established for include all the types of services that are Some commenters stated that purposes of parental support by tribal or provided under child assistance. Emergency Assistance is too narrowly state law (if any) applicable to the Designated representative means an defined and should include conditions person at his or her residence, except official of the Bureau who is designated for emergency food, transportation and that no person who has been by a Superintendent to hold a hearing loss of heat in a winter storm. emancipated by marriage will be as prescribed in §§ 20.700 through Response: These recommendations deemed a child. 20.705 and who has had no prior were not adopted. The Bureau’s General One commenter recommended that involvement in the proposed decision Assistance and other assistance (TANF children should be exempted from under § 20.602 and whose hearing and Food Stamps) should be used to employment as indicated in § 20.315. decision under §§ 20.700 through meet food needs, and transportation Response: This recommendation was 20.705 will have the same force and needs. If the winter storm is extensive not adopted. Section 20.315 states that effect as if rendered by the in nature and poses a threat to life, the employment policy does not apply Superintendent. safety or health, then such a request for to a full time student under the age of Some commenters requested the assistance should be handled as a 19. The definition was revised to addition of a ‘‘designated tribal official’’ disaster as specified in §§ 20.327 and provide clarity. for tribal contracts or compacts. 20.328. Child Assistance means financial Response: This recommendation was assistance provided on behalf of an not adopted. This recommendation was Employable means an eligible Indian Indian child, or an Indian under age 18, not added because tribes have authority person who is physically and mentally who is not eligible for any other state or to develop their own policies and able to obtain employment, and who is federal assistance as documented in the procedures to handle appeals at not exempt from seeking employment in case file and who requires placement in § 20.705. accordance with the criteria specified in a foster home or specialized non- Disaster means a situation where a § 20.315. medical care facility, in accordance with tribal community is adversely affected One commenter stated that in standards of payments established by by a natural disaster or other forces addition to being physically and the state in which they reside pursuant which pose a threat to life, safety, or mentally able to obtain employment, the to the foster care program under Title IV health as specified in §§ 20.327 and person should have a high school of the Social Security Act (49 Stat. 620), 20.328. diploma or General Equivalency or has special needs as specified in One commenter recommended the Diploma (GED) to be considered § 20.100. addition of ‘‘man made’’ disasters, and employable. Some commenters requested that the another recommended the addition of a Response: This recommendation was term ‘‘Child Welfare Assistance’’ be tribal community disaster definition not adopted. This recommendation is retained, and some stated the Bureau which would describe economic failures not accepted because an individual is should retain the current Child Welfare in the fishing and agriculture industries. not required to have a high school Assistance language that allows Another commenter stated that tribal diploma or GED to be considered assistance to be provided to Indian communities should declare their own employable. The purpose of this children until they reach age 22. Some disasters. regulation is to work with general commenters stated that this definition Response: These recommendations assistance recipients and help them to should include payments for adoption were not adopted. The Bureau retained become employed. It is preferable that subsidies, guardianship subsidies, the disaster assistance definition, individuals have a high school diploma homemaker, day care, and other out of because there is no limit as to how man or GED, but this is not a requirement to home placements that use child made disasters may be interpreted. As be considered employable. assistance funds. One commenter stated indicated in other areas of this Essential needs means shelter, food, that the change in terminology regulation, the Bureau’s financial clothing and utilities, as included in the emphasizes service to children and resources are residual. The primary standard of assistance in the state where moves away from the idea that this is responsibility for service delivery for the eligible applicant lives. not ‘‘welfare.’’ natural disasters is the Red Cross and One commenter recommended that Response: These recommendations the Federal Emergency Management tribes establish their own definition for were partially adopted. The Bureau Agency (FEMA), and state agencies and essential needs. provides child assistance to eligible tribes should contact them to request Response: This recommendation was Indian children who are under age 18, disaster assistance. In the event not adopted. Nationwide, the need because this is the age recognized assistance and/or services cannot be determination for any state standard of nationally when a child is considered to obtained from other resources, the tribe assistance at a minimum includes food, be an adult. The Bureau retained the can make a request to the Bureau for shelter, clothing and utilities; therefore, new terminology ‘‘Child Assistance’’ disaster assistance. The process to be the Bureau will retain the definition of because the emphasis of this program used by a tribe to declare a disaster is essential needs. component is upon the well-being of addressed at § 20.328. The Extended family means persons children within the family unit. When recommendation to include economic related by blood, marriage or as defined the family encounters difficulties, a disasters was not accepted because by Indian custom.

VerDate 112000 13:29 Oct 19, 2000 Jkt 194001 PO 00000 Frm 00004 Fmt 4701 Sfmt 4700 E:\FR\FM\20OCR2.SGM pfrm04 PsN: 20OCR2 Federal Register / Vol. 65, No. 204 / Friday, October 20, 2000 / Rules and Regulations 63147

Some commenters requested that Indians’’ of a federally recognized tribe. consideration the existence of multiple ‘‘tradition’’ replace the word ‘‘custom,’’ Another commenter suggested households and the practice of and one commenter wanted language to simplifying the definition. accepting roommates when determining insure that where tribal codes for family Response: These recommendations payment amounts. Another commenter existed they would take precedence. were partially adopted. General stated that there is a need for the Some commenters requested the Assistance is temporary assistance and language ‘‘who function as members of inclusion of ‘‘Kinship care’’ into this eligibility is reviewed periodically. a family unit.’’ definition. One commenter There is a process for review of Response: These recommendations recommended revising the definition as recipient eligibility every 3 months for were not adopted. The process for follows: Extended family will be employables and every 6 months for calculation of payments in a multiple defined by tribal law or custom, or in unemployables. The language ‘‘eligible household is addressed at § 20.313. The the absence of such law or custom, Indian individuals’’ in the definition in recommendation to include, ‘‘who means a grandparent, grandchild, aunt § 20.100 indicates that enrolled Indians function as members of a family unit’’ or uncle, brother or sister, brother-in- of a federally recognized tribe may is not necessary because there is a legal law or sister-in-law, niece or nephew, apply for general assistance. The obligation to support family members. first or second cousin, or stepparent or reference to secondary or residual There are circumstances when stepchild. source was deleted. individuals who are not related to the Response: These recommendations Head of household means the persons head of household may be considered as were partially adopted. The inclusion of in the household with whom the additional persons in a general kinship care was not accepted, because household members live and who assistance household. kinship care is related to placement of makes application for benefits. Indian means any person who is a children with relatives and/or the Some commenters stated that this member of any of those tribes listed in placement practice of a social service definition needs to be redefined and the Federal Register, pursuant to 25 agency; however, the Bureau will clarified. One commenter stated that the CFR part 83, as recognized by and include a reference to tribal law to definition should include language receiving services from the Bureau of ensure that existing tribal laws take stating that one person can be the head Indian Affairs. precedence. of household, rather than a number of Some commenters stated that this Family assessment means a social persons. definition should specify enrolled services evaluation of a family’s abilities Response: These recommendations member or be simplified. and resources to provide the necessary were adopted. The definition was Response: This recommendation was care and supervision for the children, changed to clarify that one person was partially adopted. Membership is and individuals within the family’s the head of household and financially determined by tribes, and eligible current living situation and is included responsible for the other members. members can receive services. The in the case file. Homemaker services means those definition was revised and simplified. Some commenters stated that the non-medical services purchased or Indian court means Indian tribal court definition is limited and the language contracted for individuals who are not or court of Indian offenses. ‘‘is included in the file’’ is not a eligible for any other programs such as Some commenters recommended the definition. Some commenters Medicaid/Medicare as documented in deletion of ‘‘Court of Indian Offenses.’’ recommended the addition of clinical or the case file. These individuals must be Response: This recommendation was social service evaluation to this under the supervision of a social not adopted. Court of Indian Offenses definition to clarify what should be services agency which is administered was not deleted because this is the included in the assessment. by a person trained in such skills as official name of a court operated by the Response: These recommendations child care and home management to United States Government. were partially adopted. The definition prevent out-of-home placement. Indian tribe means an Indian or of family assessment was revised to Some commenters recommended the Alaska Native tribe, band, nation, include social services assessment. In deletion of the second sentence in the pueblo, village, or community that the addition, § 20.404 was added to specify definition and deletion of ‘‘Medicaid/ Secretary of the Interior acknowledges the minimum requirements needed in a Medicare,’’ because this is a ‘‘policy’’ to exist as an Indian tribe pursuant to social services assessment. statement rather than a definition. One Public Law 103–454, 108 Stat. 4791. Foster Care Services means those commenter stated that the definition is Some commenters requested retention social services provided when an Indian vague and needs clarity and should of the current definition which states child lives away from the family home. include homemaker services for adults Alaska Native Village or regional or Some commenters stated that the and children and a reference should be village corporation and asked that the definition is vague and too general. made to residential care. definition be simplified. Response: This recommendation was Response: These recommendations Response: This recommendation was adopted. The definitions of foster care were partially adopted. References to adopted. The definition was revised and services was revised to provide clarity Medicaid/Medicare were deleted as they simplified. and examples were provided. were unnecessary and the addition of Individual Self-Sufficiency Plan (ISP) General Assistance means a adults and children was not accepted as means a plan designed to meet the goal secondary or residual source of financial the use of individuals implies both of employment through specific action assistance payments to eligible Indian adults and children as beneficiaries of steps and is incorporated within the individuals for essential needs as this service. Residential Care was added case plan. The plan is jointly developed provided and pursuant to §§ 20.300 and referenced and the definition was and signed by the general assistance through 20.319. rewritten. recipient and social services worker. One commenter stated that the Household means persons living Some commenters stated that they regulation must specify that general together who may or may not be related objected to the addition of an ISP assistance is ‘‘temporary,’’ and another to the ‘‘head of household.’’ because this requirement will be stated that general assistance should be Some commenters requested that the burdensome. One commenter stated the provided only to ‘‘enrolled eligible definition be revised taking into self-sufficiency may be in conflict with

VerDate 112000 13:29 Oct 19, 2000 Jkt 194001 PO 00000 Frm 00005 Fmt 4701 Sfmt 4700 E:\FR\FM\20OCR2.SGM pfrm04 PsN: 20OCR2 63148 Federal Register / Vol. 65, No. 204 / Friday, October 20, 2000 / Rules and Regulations the state’s self-sufficiency plan if the Protective services means those which can be converted to cash, such as applicant is coming to general services necessary to protect an savings or checking accounts, assistance from a TANF program. individual who is the victim of an promissory notes, mortgages and similar Response: These recommendations alleged and/or substantiated incident of properties, and retirements and were not adopted. We acknowledge the abuse, neglect or exploitation. In annuities. development and implementation of an coordination with law enforcement and One commenter recommended the ISP may be burdensome, but it is good tribal courts, this may include deletion of ‘‘other financial instruments social work practice to have ISP’s for placement of the individual out of the which can be converted to cash.’’ employable general assistance home to assure the safety of the Another commenter requested the recipients. Both the general assistance individual while the allegations are exclusion of the value of the ‘‘primary and TANF programs’ expectation is to being investigated. Social workers will residence.’’ attain employment in order to become not remove individuals from their Response: These recommendations self-sufficient, and although the specific homes without a court order except in were not adopted. This definition is the action steps to be taken to obtain life threatening situations. Protective same definition of resources in the employment for general assistance may services can also include provision of current regulations, 25 CFR part 20, and not be the same as TANF, the ultimate social services in the home, the deletion of this language would lead to goal is the same. coordination and referral to other confusion. The value of the primary Need means the deficit after programs/services and the involvement residence of individuals applying for consideration of income and other of Child Protection and/or Multi- assistance/services is not a countable resources necessary to meet the cost of Disciplinary Teams. resource. essential need items and special need Some commenters objected to the Secretary means the Secretary of the items as defined by the Bureau standard sentence, ‘‘Social Workers will not Interior. of assistance for the state in which the remove individuals from their homes No comments were received on this applicant or recipient resides. without a court order except in life or definition. No comments were received on this death situations.’’ One commenter Service area means: definition. requested additional clarity in (1) Reservations; Non-medical care means financial explaining responsibility under (2) Areas adjacent or adjoining assistance for room and board services protective services. reservations; for individuals in non-medical care Response: These recommendations (3) Allotments outside the facilities. These individuals must not be were adopted. The justification for reservations; eligible for SSI or any other federal or changing this language to read that (4) Areas defined as reservations or state programs and this information social services workers can remove service areas by statute; and/or must be documented in the case file. individuals in life threatening situations (5) Other defined areas designated by Some commenters asked if ‘‘non- was accepted by the Bureau and the the Assistant Secretary—Indian Affairs medical service’’ is the same as ‘‘non- language was revised. Repetitive pursuant to this part. medical care’’ as the definition was language was deleted and language was Some commenters requested that this confusing and should be revised or added to clarify that social services has definition be simplified. Other deleted. One commenter requested responsibility for supervision of commenters recommended that near changing the words ‘‘must not’’ to Individual Indian Money accounts. reservation and reservation be added to ‘‘should not.’’ Another commenter Public assistance means those the definition. requested clarification in terms of what programs of financial assistance Response: These recommendations was considered as residential care provided by state, tribal, county, local were adopted. A new definition was services. and federal organizations including developed for service area and the Response: This recommendation was programs under Title IV of the Social definitions for near reservation and adopted. This definition was deleted to Security Act (49 Stat. 620), as amended, reservation were added. avoid confusion and the definition of and Public Law 104–193. Services to children, elderly and residential care services was added. No comments were received on this families means social services, Permanency plan means the definition. including protective services, not documentation in a case plan which Recipient is an individual or person including money payments, provided provides for permanent living who has been determined as eligible through the social work skills of alternatives for the child in foster care through documentation in the case file casework, group work or community who is not eligible for any other federal and is receiving financial assistance development to assist in solving social or state program. Permanency plans are under this part. problems involving children, elderly developed in accordance with tribal, No comments were received on this and families. cultural, and tribal/state legal standards definition. This definition was revised One commenter requested the when the parent or guardian is unable for simplification. retention of existing language at 25 CFR to resolve the issues that require out-of- Recurring income means any cash or 20.24 (Family and Community home placement of the children. in-kind payment, earned or unearned, Services), and one commenter Some commenters recommended received on a monthly, quarterly, recommended deletion of the word permanency plans be developed in semiannual, or annual basis. ‘‘elderly’’ in the title. Another accordance with ICWA language. No comments were received on this commenter stated that they wanted Response: This recommendation was definition. clarification of what services will be partially adopted. Reference to ICWA Resources means income and other provided to the elderly population. was unnecessary in this definition. The liquid assets available to an Indian Response: These recommendations definition was revised to include a person or household to meet current were not adopted. The title, ‘‘Services to description of the circumstances where essential needs, unless otherwise Children, Elderly and Families’’ is used a permanency plan may be required and specifically excluded by federal statute. in the budget justification and the title language indicating that a plan has been Liquid assets are those items in the form was retained as it accurately describes developed and implemented. of cash or other financial instruments the program. The services to be

VerDate 112000 13:29 Oct 19, 2000 Jkt 194001 PO 00000 Frm 00006 Fmt 4701 Sfmt 4700 E:\FR\FM\20OCR2.SGM pfrm04 PsN: 20OCR2 Federal Register / Vol. 65, No. 204 / Friday, October 20, 2000 / Rules and Regulations 63149 provided under this part are non-money Response: This recommendation was this section to better explain the types payment social services to children, adopted. This definition was revised to of services available. elderly, and families. provide clarity. Response: This recommendation was Temporary Assistance for Needy Special needs means a financial adopted. Financial assistance and social Families (TANF) means one of the assistance payment made to/or on services were added to this section and behalf of individuals who have programs of financial assistance described in terms of kinds of service. extenuating, non-medical circumstances provided under the Personal which warrant a one-time annual Responsibility and Work Opportunity Section 20.102 What Is the Bureau’s financial assistance payment when Reconciliation Act of 1996 (PRWORA). Policy in Providing Financial Assistance other resources are not available and the No comments were received on this and Social Services Under This Part? circumstances are documented in the definition. case files. Tribal governing body means the Some commenters stated that the Some commenters recommended the federally recognized governing body of Bureau program descriptions should be deletion of ‘‘one-time annual financial an Indian tribe. expanded to include employment and assistance payment’’ and requested No comments were received on this educational activity and that it be clarification whether this category of definition. clarified that in some instances the assistance applied to both adults and Tribal redesign plan means a tribally Bureau programs were supplementing children. designed method for changing general other agency programs on behalf of Response: These recommendations assistance eligibility and/or payment certain individuals. Some other levels in accordance with appropriation were adopted. The one-time annual commenters requested that the language language so as to reduce dependence on financial assistance payment limitation be expanded to clarify that in certain general assistance as specified in was deleted to allow greater flexibility. states the Bureau programs are not In addition, examples were provided to §§ 20.203 through 20.211. No comments were received on this comparable to county or state services clarify the types of services that are and therefore should be of a primary considered to be special needs. Special definition. This definition was revised to accurately reflect that this authority nature. One commenter recommended needs have historically been limited to adding a reference to self-sufficiency. children’s special needs, and not adults. is codified and no longer limited to Subsidized guardianship means a appropriation language. Response: These recommendations Tribal Work Experience Program payment of a monthly subsidy, not to were not adopted. The Bureau (TWEP) means a program operated by exceed 2 years, for the child in long- regulations encompass financial tribal contract/grant or self-governance term, court approved guardianship assistance and social services and annual funding agreement, which placements. The child must not be language that would address provides eligible participants with work eligible for any other federal or state employment and educational activity experience and training that promotes program and this must be documented would unjustly imply that the Bureau and preserves work habits and develops in the case file. was revising parts 26 and 27 and folding work skills aimed toward self- Some commenters requested deletion them into part 20 and that is not the sufficiency. The Bureau payment of the 2-year limitation and requested an case. The Bureau’s policy has always standard is established by the Assistant additional reference to social services. been that the social services program is Secretary—Indian Affairs. Response: This recommendation was Some commenters recommended that secondary and is not to be used to adopted. We are in agreement with the the TWEP definition include: gaining supplement or supplant other programs recommendation and deleted the 2-year special experience, training and and any language allowing the funds to limitation. The definition was revised acquiring skills and knowledge be used otherwise would endanger the for simplification and was termed necessary to qualify, access and retain integrity of these funds and could lead ‘‘guardianship’’ and a reference was employment. to misuse of these limited funds. In added for social services. Response: This recommendation was response to the request for exemptions Substitute care means the provision of not adopted. These goals and objectives where there are variations in public foster care or any in-home, out-of-home, are already part of the ongoing General assistance programs by county or state, or relative placement of the children by Assistance/TWEP program. existing regulations in part 1 provide a someone other than a parent. Unemployable means a person who process for waiver if there is an unusual Some commenters stated this meets the criteria specified in § 20.315. situation which requires special definition was confusing because it Some commenters stated the attention because applicants are being appeared to be interchangeable with the definition was ‘‘demeaning,’’ and others foster care at § 20.509 which was deprived of services. Reference to self- recommended clarification. One sufficiency is not necessary in the renumbered in the final rule as § 20.507. commenter suggested that this Response: This recommendation was context of this section as references are definition be reworded to specify that made in subsequent sections. The adopted. This definition was deleted Unemployable means a person that is Bureau renumbered (a) and (b) for because it was unnecessary. exempted from the employment policy clarity. Superintendent means the Bureau at § 20.314. official in charge of an agency office. Response: These recommendations Section 20.103 Have the Information No comments were received on this were not adopted. The definition Collection Requirements in This Part definition. conveys the meaning and does not need Been Approved by the Office of Supplemental Security Income (SSI) rewording. Management and Budget? means cash assistance provided under Section 20.101 What Is the Purpose of Title XVI of the Social Security Act (49 No comments were received on this This Part? Stat. 620), as amended. section. Some commenters requested deletion Several commenters stated that other of ‘‘those programs of,’’ and replaced Bureau program entities such as TWEP with ‘‘cash.’’ and Adult Services should be added to

VerDate 112000 13:29 Oct 19, 2000 Jkt 194001 PO 00000 Frm 00007 Fmt 4701 Sfmt 4700 E:\FR\FM\20OCR2.SGM pfrm04 PsN: 20OCR2 63150 Federal Register / Vol. 65, No. 204 / Friday, October 20, 2000 / Rules and Regulations

Subpart B—Welfare Reform request for service area designation. (85 Stat. 688) and Indian Allotments. In Another commenter stated that this addition, the definition for near Section 20.200 What Contact Will the section should be deleted and tribes reservation was added. The language Bureau Maintain With State, Tribal, should be allowed to accomplish this by stating that the Assistant Secretary can County, Local, and Other Federal tribal resolution. Another commenter designate or modify service areas for a Agency Programs? requested that the definition of tribe in (b) was retained in the final rule Some commenters stated that the reservation which is in the current as this conveys the intent of this section. Bureau should work closer with all regulations and which contains The Bureau retained the language of other public assistance service providers reference to Alaska Native regions reasonably available comparable to insure that there is no duplication established pursuant to the Alaska services in (c)(2) and this subsection and that individual client’s needs are Native Claims Settlement Act (85 Stat. was renumbered as (a)(2) in the final being met without limiting services to 688) and Indian Allotments be retained. rule to avoid duplication of services. existing financial resources. One Another commenter recommended that The requirement of documentation for commenter suggested that ‘‘will’’ be ‘‘can’’ in (b) be replaced with ‘‘will’’ to evaluation to support the service area deleted from the first sentence. Another make it mandatory. One commenter designation as being ‘‘administratively commenter recommended language stated that the language in (c)(2) which feasible’’ was retained. The tribe referencing tribes in the statement. was renumbered as (a)(2) in the final requesting the designation is Response: These recommendations rule was too vague in that comparable responsible for making sure the were not adopted. The Bureau has been services between California counties proposed area can be served within and will continue to work with all and the Bureau programs is a point of available funding constraints. Those federal and state agencies responsible contention and needs to be resolved tribes with reservations and near for the provision of services to Indian before the regulations can be put in reservations as existing service areas are people. Additional language to final. Another commenter questioned not required to request designation emphasize this point was not necessary. (d)(1) which was renumbered as (b)(l) in unless they request a modified Although it is ideal to have funding the final rule as to whether geographic location as a service area. available to meet all of the needs of ‘‘administratively feasible’’ applied to every applicant, in reality all programs Section 20.202 What Does Financial the tribe or the Bureau. Another are limited by the funds they have and Assistance Include? commenter questioned the use of the must adhere to the specific criteria for language that tribes had to document Some commenters requested that their own programs. The use of ‘‘will’’ that the proposed service area would financial assistance be included in in the first sentence effectively conveys not include counties or parts thereof § 20.100 as a definition. the intent of the Bureau and was not Response: This recommendation was that have reasonably available deleted. The reference to ‘‘we’’ in the accepted and the definition for financial comparable services. Another statement above implies all providers of assistance was added in § 20.100 and commenter requested clarification services and remains in the regulations. this section was deleted. whether tribes having reservations and Secton 20.201 How Does the Bureau near reservation designations would be Section 20.203 What Is a Tribal Designate a Service Area and What required to obtain a service area Redesign Plan? Information Is Required? designation. Some commenters asked why the Some commenters stated that the Response: These recommendations Bureau was implementing the redesign Bureau should ensure that all eligible were partially adopted. The Bureau at this time and asked what authority Indian members within the reservation, added language to ensure that all did the Bureau have to allow changes in near reservation or service area be eligible Indian members within the general assistance eligibility criteria and provided services and that language to reservation, near reservation or service payment levels. One commenter that effect should be placed in the area receive services. Time frames were requested that the section include regulations and that tribes be sanctioned not necessary for processing these language giving approval for the if they do not comply. Another requests as the number of requests for redesign of child assistance. This commenter stated that limiting services designation are very limited and will commenter also requested language to to only tribal members was necessary not require significant staff time. The the effect that redesigned programs may for budgetary purposes. Some term ‘‘Indian community’’ was deleted be expanded if appropriation language commenters requested that time frames because it is unnecessary as a in the future expands the number of be placed upon the Bureau to process requirement for designation. Service programs that could be redesigned. One requests for designation as near area cannot be defined as any place commenter stated that redesign plans in reservation or service area. Some where a tribal member resides in the Oklahoma would require additional commenters asked that ‘‘Indian United States or by any means that a funds. Another commenter requested community’’ be defined in more specific tribe chooses because operation of the further clarification of this section. terms. One commenter requested that program would not be administratively Another commenter stated that tribes service area be defined as places where or financially feasible if this language already have authority to redesign the tribal members reside with no specific was accepted. Service areas do not general assistance program. geographic area designated. Another change unless and until a tribe requests Response: These recommendations commenter stated that tribes should the change and documentation must be were not adopted. Congress specifically have the flexibility to define their own provided to give the Bureau sufficient gave tribes the authority to redesign service area. One commenter stated that facts to approve the request. This general assistance. No similar specific they wanted service area to remain the section was not deleted because this authority currently exists for tribes to same unless tribal governments request designation is a significant action with redesign additional programs; therefore, a change. Another commenter stated budgetary and policy ramifications. The no additional language was added to that it was unreasonable to require Bureau added the definition for include child assistance. The language tribes to provide documentation for reservation which includes reference to stating that the redesign will not result evaluation when they submit their the Alaska Native Claims Settlement Act in additional expenses for the Bureau if

VerDate 112000 13:29 Oct 19, 2000 Jkt 194001 PO 00000 Frm 00008 Fmt 4701 Sfmt 4700 E:\FR\FM\20OCR2.SGM pfrm04 PsN: 20OCR2 Federal Register / Vol. 65, No. 204 / Friday, October 20, 2000 / Rules and Regulations 63151 additional expenses are solely the result technical assistance on redesigned Section 20.209 What If the Tribal of increased payment levels is statutory. plans. The existing language is Redesign Plan Leads to Increased Costs? This section provides clarity as to the sufficient to convey that the redesign is One commenter stated that with a intent of the Bureau. not mandatory. It is unknown how this redesigned program there may be section might affect the State of Section 20.204 Can a Tribe increased costs and if that were the case, Oklahoma, because tribes propose the Bureau should assume the Incorporate Assistance From Other redesign plans and it is unknown Sources Into a Tribal Redesign Plan? additional costs. whether any tribes in Oklahoma will Response: This recommendation was One commenter stated that the Bureau attempt redesign plans. In answer to the not adopted. The Bureau is prohibited should add language to the effect that all comment made about the funding level from assuming additional costs resulting welfare assistance programs should be to be used, the Bureau will add language solely from increased payment levels. allowed to be included with a Pub. L. that the funding for the program will be 102–477 grant, a Public Law 103–413 the same funding received in the most Section 20.210 Can a Tribe Operating self-governance annual funding recent fiscal or calendar year, whichever Under a Tribal Redesign Plan Go Back agreement, or a tribal redesign plan. applies. to Operating Under This Part? Another commenter stated that tribes Section 20.207 Must a Tribe Get No comments were received on this needed flexibility to use these funds to Approval for a Tribal Redesign Plan? section. This section was renumbered as meet members’ needs according to how § 20.209 in the final rule. the tribes identified these needs. Some commenters pointed out that Another commenter stated that this existing procedures are in effect Section 20.211 Can Eligibility Criteria section should be rewritten to better whereby self-governance tribes or Payments for Burial Assistance, Child describe the redesign in relation to Pub. routinely obtain approval for their Assistance, and Disaster Assistance L. 102–477. Another commenter asked if annual funding agreements through the Change? TANF could be included as a part of the Office of Self-Governance and changing Some commenters requested an tribal redesign plan. this process for redesign plans would be explanation as to why the general Response: These recommendations disruptive and counterproductive and assistance program was the only were partially adopted. The Bureau does that this language requiring approval by program eligible for redesign. One not have the authority to include all of the Regional Director should be deleted. commenter asked if their tribe could the welfare assistance programs in a One commenter recommended that redesign their program eligibility redesign. Adequate flexibility is criteria be added specifying what is criteria so as to exclude those members available for tribes to redesign their needed to obtain approval. who are less than one-quarter blood programs. Tribal redesign and Pub. L. Response: These recommendations quantum. Some commenters stated that 102–477 are separate tools for tribes to were partially adopted. The Bureau did under part 900 they already had use while exercising self-determination. not delete this section but added authority to redesign programs. One The section was rewritten to better language that clarifies who will approve commenter suggested that the section be convey the concept of funding from the tribal redesign plan. The Office of deleted. Another commenter stated that other sources. Self-Governance will continue to be the tribes financially support, with their point of contact for self-governance own funds, similar programs to the Section 20.205 Must All Tribes Submit tribes. The Bureau plans to develop a a Tribal Redesign Plan? Bureau’s welfare assistance programs technical assistance package that will and requested clarification as to One commenter stated that the table assist tribes in formulating redesign whether they could supplement their of contents mistakenly worded this plans; however, technical assistance programs with the Bureau funds. section by using the word ‘‘develop’’ documentation will not be codified in Response: These recommendations instead of ‘‘submit.’’ regulation. were not adopted. The Bureau has no Response: This recommendation was Section 20.208 Can a Tribe Use Congressional authority or statute to adopted. The Table of Contents will be Savings From a Tribal Redesign Plan To allow programs including child corrected to read ‘‘submit’’ rather than Meet Other Priorities of the Tribe? assistance, disaster assistance, ‘‘develop.’’ One commenter questioned how a emergency assistance, and burial Section 20.206 Can Tribes Change general assistance program could assistance to be redesigned. The tribes Eligibility Criteria or Levels of Payments remain a need-based program if there do have the flexibility to restrict for General Assistance? were savings which could be used for services to certain populations of clients Some commenters requested other priorities. Another commenter in the general assistance program if they clarification in terms of who is to requested the Bureau to explain the choose to do so through a redesign plan provide technical assistance and what different types of TPA funding in this and follow § 20.206. This section was level of funding would be used for the section. Another commenter stated that retained because language is needed to redesign plans. Another commenter an equitable level of funding should be clarify how tribes may operate their wanted it clarified that tribes are not established before the start-up of the programs under the redesign process. required to do a redesign if they did not redesign plan. The Bureau cannot supplement tribal want to pursue it. One commenter Response: These recommendations programs which are similar in nature requested clarification as to how this were not adopted. The regulation and because this is a duplication and Bureau section might affect Oklahoma. One statutory language give tribes the ability funds are a limited resource. commenter requested inclusion of child to use cost savings for other priorities Subpart C—Direct Assistance and adult assistance in this section. One only in the case of the general assistance commenter suggested deletion of (d) as redesign. A discussion of the TPA and Section 20.300 What Are the Basic it was redundant. the Bureau’s budget process is not Eligibility Criteria? Response: These recommendations appropriate for this regulation. The level Several commenters stated that (a) of were partially adopted. The Bureau or of funding for the start-up of the this section is not consistent with Office of Self-Governance will provide redesign has been added in § 20.205. § 20.100, definition of an Indian, and

VerDate 112000 13:29 Oct 19, 2000 Jkt 194001 PO 00000 Frm 00009 Fmt 4701 Sfmt 4700 E:\FR\FM\20OCR2.SGM pfrm04 PsN: 20OCR2 63152 Federal Register / Vol. 65, No. 204 / Friday, October 20, 2000 / Rules and Regulations both need to be changed to include Section 20.302 Are Indian Applicants revised (c) to include language referring ‘‘enrolled’’ and ‘‘federally recognized Required To Seek Assistance Through to any comparable public assistance to Indians of the United States.’’ Other TANF? avoid duplication of service. The commenters stated that (a) would result Several commenters stated that all Bureau did not agree with the in an increase in cases in Oklahoma Indian applicants with dependent recommendation to change section (e) because the existing regulations children are required to apply for TANF which was renumbered as (d) in the required one-fourth or more blood because general assistance is a final rule to read ‘‘whenever possible’’ quantum in addition to being a member secondary source. One commenter because ISP/employment strategy is in the States of Alaska and Oklahoma. stated that applicants whose TANF necessary for applicants to become self- One commenter stated that the basic benefits have been reduced due to sufficient. eligibility criteria contained in (b) of TANF sanctions may not be eligible to Section 20.304 When Will the Bureau this section means that children and receive general assistance as tribally Review Eligibility for General elderly needing protection, and families determined. Another commenter stated Assistance? these regulations require individuals to faced with emergencies must meet One commenter stated time limits are follow TANF regulations, and requested income requirements. not feasible in Alaska. deletion of ‘‘and follow TANF Response: These recommendations Response: This recommendation was regulations.’’ not adopted. The Bureau did not agree were not adopted. The Bureau does not Response: These recommendations with the statement about time limits in agree that (a) is inconsistent with the were not adopted. The Bureau agreed Alaska. At the time of interviewing the definition of Indian. The tribes with the comments that state that all applicant and developing the ISP, the determine eligibility for enrollment and applicants with dependent children are social services worker and applicant membership in their respective tribes required to apply for TANF as general agree on a plan which documents when and the tribes listed in the Federal assistance is a secondary source. The eligibility will be redetermined. Register, pursuant to 25 CFR part 83, are Bureau agrees with the statement that recognized as eligible to receive services applicants whose TANF benefits have Section 20.305 What Does from the Bureau. Because tribal been reduced due to TANF sanctions Redetermination Involve? membership is the responsibility of the may not be eligible to receive general Some commenters stated that home tribe, the Bureau is unable to determine assistance even though the tribe is visits should not be included in the effect upon caseloads in Alaska and operating a tribal General Assistance redetermining program eligibility. One Oklahoma. Applicants are required to program in a Public Law 102–477 grant. commenter stated that ISP’s were not meet all the basic eligibility criteria of The Bureau did not agree with the included in this section. § 20.300 including (b) to receive comment that these regulations cannot Response: These recommendations services. force individuals to comply with TANF were partially adopted. The Bureau did regulations or the recommendation to not agree that home visits should be Section 20.301 What Is the Goal of delete the requirement to follow TANF deleted from this section. The Bureau General Assistance? regulations. The Bureau was not agreed to add ISP. attempting to regulate TANF. General One commenter questioned how the Assistance is a secondary program; Section 20.306 What Is the Payment Bureau general assistance goals and therefore, the applicants must apply and Standard for General Assistance? objectives compared to those of the follow the regulations of the primary One commenter asked how the National PRWORA. They asked if the resource of cash benefits which is Bureau was going to deal with states Bureau supported the goals of reducing TANF. that pay $100 in TANF funds and out of wedlock pregnancies and recommended provisions to supplement increasing collection of child support Section 20.303 When Is an Applicant Eligible for General Assistance? amounts in states having low payment payments. One commenter requested levels for TANF. deletion of ‘‘meeting the goal of Two commenters stated that in (d) of Response: This recommendation was employment.’’ One commenter stated this section which was renumbered as not adopted. The Bureau must follow that elder assistance should be available (c) in the final rule, the statement ‘‘Not Public Law 104–193 for determining nationwide not just in a selective Region receive TANF’’ should be changed to levels of payment; however, the tribe and stated that existing services should state ‘‘If not directly receiving TANF has the option of contracting the TANF not be dropped. Cash Aid’’ and the word ‘‘entitlement’’ Program and/or redesigning the be changed to ‘‘cash assistance’’ because Response: These recommendations eligibility and payment levels of the it is not the intent of the General were partially adopted. The Bureau did General Assistance Program. Assistance regulations to prohibit a not delete the statement about self- recipient from receiving general Section 20.307 What Resources Does sufficiency from the regulations as it is assistance while they are receiving other the Bureau Consider When Determining a goal of the General Assistance Program non-cash forms of assistance such as Need? to increase self-sufficiency. TANF goals food stamps, surplus commodities, etc. No comments were received on this and objectives are similar to general One commenter stated that the ISP/ section. assistance but not identical. It is the Employment strategy development for social services worker’s responsibility each recipient is burdensome for tribes, Section 20.308 What Does Earned and the individual’s right to develop a who receive very little administrative Income Include? Self-Sufficiency Plan which maintains money to administer general assistance Two commenters stated they would the individual’s and program’s integrity. and requested section (e) which was like to have art work, crafts and beading The Bureau agreed with the comments renumbered as (d) in the final rule be struck from (a) of this section if the about the need for adult services and changed to read ‘‘whenever possible.’’ applicant/recipient performs the work established an Adult Care Program Response: These recommendations as a hobby, but the language should under §§ 20.331 through 20.335. were partially adopted. The Bureau remain for professionals.

VerDate 112000 13:29 Oct 19, 2000 Jkt 194001 PO 00000 Frm 00010 Fmt 4701 Sfmt 4700 E:\FR\FM\20OCR2.SGM pfrm04 PsN: 20OCR2 Federal Register / Vol. 65, No. 204 / Friday, October 20, 2000 / Rules and Regulations 63153

Response: This recommendation was commenter stated that this section is Section 20.315 When Is the adopted. If applicant/recipient are unclear and may reduce eligibility Employment Policy Not Applicable? professionals, these activities should be requirements making additional One commenter requested more considered as earned income for individuals eligible for the program. descriptive information in (c) to fully individuals who are self-employed. The Another commenter requested a list of describe the example. Another Bureau agreed that if the applicant/ federal disregards be published in the commenter suggested changing (c) to the recipient performs this as a hobby it regulations. One commenter requested recipient must make satisfactory should be eliminated from that this disregard also apply to progress in an ISP that leads to consideration as earned income. children. Another commenter requested employment and add language that addition of (d) to clarify that vehicles Section 20.309 What Does Unearned states that continued eligibility for the are a disregarded resource. Income Include? program is also based on satisfactory Response: These recommendations progress. Another commenter One commenter stated that ‘‘or 25 were not adopted. The $2,000 disregard recommended deleting language in (c) percent of the state standard, whichever was an increase over the existing $1,000 that states that ‘‘he/she was an active is less’’ be deleted. One commenter disregard and does not financially general assistance recipient.’’ Another stated that (c) be deleted in its entirety. impact the program. A list of federal commenter suggested in (g) changing One commenter questioned how shelter disregards was not listed in the the age to 5 and under if they do not could be provided as in-kind income. regulations as these change periodically. attend school/head start. Another One commenter stated that workman The disregard does apply to children as commenter asked if educational compensation settlement payments well as adults. The Bureau’s program opportunity was limited to those under should be considered as income. One has never included vehicles nor has the 19 and to those that have been active commenter stated that trust dollars issue arisen in the past; therefore, there general assistance recipients. Another should not be included. was no need to clarify this as a resource. asked for an explanation of section 5404 Response: These recommendations of Public Law 100–297. Another Section 20.313 How Will the Bureau were not adopted. The Bureau retained commenter suggested deletion of (h) and Compute Financial Assistance the language in (c) and (e) as these eliminating the minimum commuting Payments? subsections convey the policy of the time of one hour each way and Bureau which is to include all available Some commenters requested replacing it with reasonable travel time. items as unearned income. All agencies clarification as to how the Bureau will Another commenter recommended providing public assistance must compute financial assistance payments. adding language stating the employment consider all sources of income unless Another commenter stated General policy would not apply for a person for there is a specific federal disregard. Assistance grants should be prorated whom employment is not accessible in Income generated from trust land was from the date of application. Another a commuting time that is reasonable and also retained because it is not included commenter stated language needs to be comparable with others in similar as a federal disregard. Workman developed for tribal redesign plans. circumstances. compensation would be considered as a Another commenter stated that the Response: These recommendations resource as defined in § 20.100 rather procedure in (b) for prorating shelter were not adopted. Examples were not than unearned income. costs when two households reside in the needed as the language clearly describes Section 20.310 What Recurring Income same shelter is unclear and may reduce all of the exceptions. Public Law 100– Must Be Prorated? eligibility requirements and thus make 297 cannot be fully explained in these additional individuals eligible for the regulations just as other pertinent public No comments were received on this program. laws referenced cannot be fully section. Response: These recommendations explained. The temporary medical Section 20.311 What Deducted were not adopted. The process for injury which exceeds 3 months was Amounts Will Be Disregarded From the computing financial assistance clarified in terms of eligibility and Gross Amount of Earned Income? payments and prorating is clearly referral. The commuting time was not changed as it is reasonable. One commenter stated that there are explained. For tribes using tribal instances where general assistance redesign plans, the same proration Section 20.316 What Must a Person recipients may receive income tax described here must be used to Covered by the Employment Policy Do? refunds. The commenter stated that determine the amount of approved One commenter suggested the language should be added to insure that payments. following change: ‘‘If you are covered by income tax refunds are counted as Section 20.314 What Is the Policy on the employment policy in § 20.314, you income rather than disregarded. Employment? must seek employment in accordance Response: This recommendation was with your ISP.’’ This will make § 20.316 not adopted. Federal and state tax One commenter stated that for a consistent with § 20.319. refunds are considered as a resource. period of 60 days but not more than 90 Response: This recommendation was This section was revised to clarify that days be changed to ‘‘for a period of at not adopted. The language in § 20.316 is child care costs are deducted for least 30 days’’ because the sanction was consistent with existing policy in children under the age of 6. too severe. Another commenter asked if § 20.319 which requires a general job search will be eliminated once an Section 20.312 What Amounts Will Be assistance recipient to actively seek ISP is established and agreed upon by employment and provide the social Disregarded From Income or Other the social services worker and recipient. services worker with evidence of job Resources? Response: These recommendations search activities. One commenter asked if the $2,000 were not adopted. The length of cited in subsection (a) is the statutory sanction remains 60–90 days as this was Section 20.317 How Will the disregard of trust resources or an considered to be equitable. The number Ineligibility Period Be Implemented? increase of the $1,000 disregard of job search contacts depends upon One commenter asked how the currently in 25 CFR 20.21(g)(2)(i). This what was documented in the ISP. ineligibility period would be

VerDate 112000 13:29 Oct 19, 2000 Jkt 194001 PO 00000 Frm 00011 Fmt 4701 Sfmt 4700 E:\FR\FM\20OCR2.SGM pfrm04 PsN: 20OCR2 63154 Federal Register / Vol. 65, No. 204 / Friday, October 20, 2000 / Rules and Regulations implemented and requested additional Response: These recommendations sums are considered as a resource and language as an explanation. were not adopted. The payment additional language was not needed. Response: This recommendation was standard will be determined by the Payment rates which include cultural not adopted. This section clearly Bureau as this is a budgetary concern. wakes will be reviewed periodically and describes how the ineligibility period is TWEP payments are considered to be raised if warranted. The Bureau retained to be implemented by describing why incentives. existing language that applications need the ineligibility will continue, how the to be submitted within 30 days Section 20.322 Who Is Eligible To suspension can be reduced, and who is following death. The Assistant Secretary Receive a TWEP Incentive Payment? affected by the suspension. will establish the standard payment One commenter recommended Section 20.318 What Case referred to in this section within 60 days deletion of the following language ‘‘in after this rule is published in final. Management Responsibilities Does the situations where the participation is Social Services Worker Have? mandatory.’’ Another commenter Section 20.326 When Are the Related One commenter stated social services suggested the following change: ‘‘Where Transportation Expenses Covered by workers should not have to supervise there are multiple family units in one Burial Assistance? recipients because of lack of funds and household’’ to ‘‘Where there are more One commenter stated that it should staff and that case managers should help than one household in a dwelling.’’ be up to the tribe to determine when recipients get the services needed to Response: These recommendations transportation expenses could be paid meet their goals in their ISP. Another were not adopted. Since tribes do have particularly in those instances when the commenter recommended that social the option of making TWEP mandatory, individual is gone for more than 6 services worker be changed to a family the language was retained. The existing months. Another commenter stated that advocate. language regarding family units was they were opposed to this section Response: These recommendations retained as it accurately conveys the because they had tribal members who were partially adopted. Social services intent of the section which is where have resided outside of the service area workers do have responsibility for there are multiple family units in one for a period of time exceeding 6 assisting recipients to meet their goals household, one member of each family consecutive months and this regulation in their ISP’s and monitoring work unit will be eligible to receive the TWEP prohibits them from helping these related activities. The funding or lack of incentive payment. members with burial assistance. funding cannot be dealt within the Response: These recommendations regulations. The term ‘‘social services Section 20.323 Will the Local TWEP Be were not adopted. The Bureau has worker’’ was retained. Required To Have Written Program limited eligibility to eligible members Procedures? who resided in the service area for at Section 20.319 What Responsibilities One commenter suggested inclusion least the last 6 consecutive months of Does the General Assistance Recipient of language that states local TWEP must his/her life because of budgetary Have? have specific written program concerns. One commenter stated that the procedures that cover progress. language ‘‘Performs successfully’’ needs Response: This recommendation was Section 20.327 When Can the Bureau to be explained in (b) and (c) and not adopted. Progress is documented in Provide Disaster Assistance? substitute words like ‘‘satisfactory the ISP for TWEP participants. One commenter suggested tribal progress.’’ Another commenter resolutions should be used to request Section 20.324 When Can the Bureau questioned why a recipient must be in disaster assistance. Another commenter Provide Burial Assistance? treatment and counseling. recommended deletion of ‘‘provided’’ Response: These recommendations No comments were received on this and insertion of the word ‘‘available.’’ were not adopted. The Bureau retained section. Response: These recommendations the existing language as it describes Section 20.325 What Is the Process for were not adopted. The language was participation in a positive context and Making Application for Burial adequate in stating that disaster success or lack of success is evaluated Assistance for Eligible Indians? assistance can be provided in absence of by each social services worker on a case FEMA and Red Cross. by case basis. Participation in treatment One commenter suggested changing Section 20.328 How Can a Tribe Apply and counseling services are appropriate SSI to SSA lump sum death benefits. for Disaster Assistance? for some recipients needing these types Another commenter stated that the of services. The policy of the Bureau standard of payments for burials is One commenter stated that a tribal arranging supportive services and currently $1,300 and is not enough to resolution requesting disaster assistance requiring recipient participation is take care of a proper burial and should be adequate rather than a consistent with other social services updating these standards should be Presidential declaration. Another programs operating at the state and considered. Another commenter stated, commenter stated that there should be county levels. ‘‘A tribal cultural wake in accordance to a time limit for response by the Bureau the tribe’s culture’’ should be added. and that (b) should be deleted. One Section 20.320 What Is TWEP? Another suggested that a payment commenter suggested the tribal requests No comments were received on this standard should be recommended by go directly to the Assistant Secretary for section. the Regional Director or Central Office. a final decision. Another commenter recommended Response: These recommendations Section 20.321 Does TWEP Allow an changing the language to state that were not adopted. The Bureau does not Incentive Payment? requests and applications for Burial agree that only a tribal resolution should One commenter requested that the Assistance must be submitted within 30 be required, and retained the entire payment standards be tribally days after the issuance of a Death section because the reporting determined. Another commenter asked Certificate rather than following death. requirements must be met in order to whether TWEP was considered an Response: These recommendations avoid duplication of services and to incentive payment. were not adopted. Social Security lump obtain projections of total need for

VerDate 112000 16:20 Oct 19, 2000 Jkt 194001 PO 00000 Frm 00012 Fmt 4701 Sfmt 4700 E:\FR\FM\20OCR2.SGM pfrm11 PsN: 20OCR2 Federal Register / Vol. 65, No. 204 / Friday, October 20, 2000 / Rules and Regulations 63155 services. The request for disaster word ‘‘elderly’’ was used in the section further explanation to the term ‘‘social assistance must be processed by the title but within the body of the section services assessment’’ which was used in local Bureau office to insure that all ‘‘adult’’ was used consistently. One § 20.403. necessary documentation is included. commenter stated that language should Subpart E—Child Assistance be added to explain that referrals could Section 20.329 When Can the Bureau Section 20.500 What Are the Eligibility Provide Emergency Assistance be made for adults in addition to Criteria for Child Assistance? Payments? children. Another commenter stated that language in (b)(4)(ii) which was One commenter stated that this One commenter suggested language renumbered as § 20.403(d)(2) was section was not consistent with the establishing a disaster contingency troublesome, specifically the language, Indian Child Welfare Act. Another fund. ‘‘treatment of the identified conditions commenter stated that the eligibility Response: This recommendation was that are within the competence of social not adopted. It is unnecessary to set up criteria should be deleted. Another services.’’ Another commenter made a commenter asked the question if tribes such a fund given the limited need for comparison of this section with the these funds. receive Title IV–E funding for foster care Bureau’s current regulation in § 20.24 will their current Bureau funding for Section 20.330 What Is the Payment and stated that in his/her opinion the foster care be reduced. One commenter Standard for Emergency Assistance? following services which are included questioned why a documented family One commenter recommended raising in § 20.24 would be unavailable: assessment was required in (a) which the rates and another stated that this Services to responsible family members was renumbered as (b)(3) in the final section should only apply to tribes that or guardians to seek appropriate court rule. Another commenter stated that have their own standards/guidelines for protections for the child or adult; special needs in (a) which was emergency assistance. Another investigation and reporting of adult renumbered as (b)(2) in the final rule commenter recommended that this abuse and neglect and of delinquency should be defined. Another commenter section be deleted. and runaways; and provisions of requested clarification that courts do not Response: These recommendations services by court order for marriage and make requests but instead issue orders. were not adopted. The Assistant divorce counseling, child custody, Another commenter requested an Secretary will establish the payment probation, foster care and supervision of explanation of (d) which was standard referred to in this section children and adults in the home. renumbered as (f) in the final rule in within 60 days after this rule is Another commenter suggested that terms of what is the meaning of all published in final. protective services be explained in more income accruing to children. Another detail. Subpart D—Services to Children, commenter asked if relative care givers Response: These recommendations Elderly, and Families under (d) which was renumbered as (c) were partially adopted. Adult care in the final rule would have to apply to Section 20.400 For Whom Should assistance was added in subpart C state TANF and be denied payments or Services to Children, Elderly, and § 20.331–20.335 and explained as a other assistance. Another commenter Families Be Provided? service. Chore service was not added as asked for language to allow general One commenter requested homemaker adequately describes the assistance to supplement TANF. Some clarification as to the meaning of service to be provided. Additional commenters stated that in (e) where the services to children, elderly and funding for social service administration word ‘‘must’’ was used that it should be families. funding was not addressed in the replaced by the word ‘‘will’’ and Response: This recommendation was regulations as the budget process is a another commenter stated that (e) not adopted. The term replaces the separate issue from programmatic should be deleted. One commenter category formerly called, ‘‘Family and rulemaking. In response to the comment stated that some of the services in Community Services’’ which is the non- that in certain instances law subpart E are duplicated in subpart D payment category of services. It was enforcement and courts cannot be and should be consolidated in subpart revised in the budget justification at the involved before removal for protective D. Another commenter noted a request of budget analysts because it services, the Bureau made an adequate typographic error because ‘‘and’’ was provides a better description of exception in terms of life threatening not inserted after (a), (b) and (d). One recipients for whom services are situations. The Bureau included a commenter recommended that the provided. definition for ‘‘adult’’ which should residential care rate be computed the clarify who is to be served. The Bureau same way as the foster care rate. Section 20.401 What Services Are made a change by adding § 20.403 to Response: These recommendations Included Under Services to Children, make sure that elderly are included in were partially adopted. This regulation Elderly and Families? referrals for homemaker services. The did not address the Indian Child One commenter stated that adult care Bureau did not change (b)(4)(ii) as it Welfare Act as that is addressed in part service should be included in this accurately conveys that social service 23. Eligibility criteria were not deleted section. Another commenter suggested workers will limit services to the as criteria are needed to determine that chore services should be included profession of social work. The Bureau eligibility. In response to the question as in this section. Other commenters did not add those sections referenced to whether child assistance funding recommended that additional funds be above in § 20.24 as these are services would be decreased if tribes received distributed to tribes as the work that a tribe may choose to provide on its Title IV–E funding for foster care, the described in this section required more own initiative but they are not required Bureau continues to operate the personnel. Another commenter stated by regulation. The Bureau added program as a need-based program. A that coordination with law enforcement separate sections §§ 20.402 and 20.403 documented family assessment is and the courts could not be completed which explained when protective required so that the social services before removal of individuals needing services are provided and clarified what worker can make the best decision protective services. Some commenters types of services are provided. The possible for eligibility and placement. stated that there was confusion as the Bureau added § 20.404 to provide ‘‘Special needs’’ was defined in

VerDate 112000 13:29 Oct 19, 2000 Jkt 194001 PO 00000 Frm 00013 Fmt 4701 Sfmt 4700 E:\FR\FM\20OCR2.SGM pfrm04 PsN: 20OCR2 63156 Federal Register / Vol. 65, No. 204 / Friday, October 20, 2000 / Rules and Regulations

§ 20.100. There is no confusion in (a) only room and board as the Bureau has to in this section within 60 days after that courts issue orders rather than limited funds and other agencies having this rule is published in final. make requests. The Bureau deleted (c), primary service responsibility should be Section 20.506 Can Homemaker (d) and (e) and renumbered (f) to (c) for involved in payment for services. Services Be Provided With Child the purpose of clarity. The Bureau Section 20.503 Can Child Assistance Assistance? services described in subparts D and E Funds Be Used for Indian Adoption remain where they are located because One commenter stated that Subsidies or Subsidized Guardianships? they are differentiated by payment or homemaker services should stay short non-payment services. The typographic One commenter suggested that the 2- term not to exceed 3 months. Another errors were corrected. The residential year limit for adoption and commenter requested that it not be care rate was modified to be consistent guardianship subsidies should be limited to 3 months but language should with the foster care rate. eliminated and that the Regional be added to state it would be reviewed Director approval be changed. every 6 months. This section was Section 20.501 What Are the Rates of Response: This recommendation was Payment for Foster Care? renumbered as § 20.504 in the final rule. adopted. The Bureau eliminated the 2- Response: These recommendations One commenter questioned why the year limitation and changed the were not adopted. Limiting services to Bureau used Title IV of the Social approval to the Bureau line officer. The 3 months accurately conveys the intent Security Act as the payment rate for redetermination for eligibility was of this service which is to keep it short foster care and did not either set a clarified as being conducted on a yearly term. Bureau rate or allow tribes to set their basis. own rate. Section 20.507 What Services Are Response: This recommendation was Section 20.504 What Eligibility Provided Jointly With the Child not adopted. The Bureau has used this Requirements Must Be Met for an Indian Assistance Program? rate for many years and has found that Adoption Subsidy or Subsidized One commenter requested that a it is the most appropriate rate to use for Guardianship? written agreement signed among the this service. This section was renamed One commenter requested various funding sources should be and rewritten in the final rule in the explanation as to why children must be deleted. Another commenter requested form of a table for clarification under the age 18 to be eligible for that (b) protective services be explained purposes. adoption subsidy or subsidized in more detail. This section was guardianship. Another commenter Section 20.502 Can Child Assistance renumbered as § 20.505 in the final rule. questioned the eligibility requirement Funds Be Used for Placement of Indian Response: These recommendations Children in Treatment Centers? for children to have been in foster care previously to be eligible for adoption were not adopted. The requirement for One commenter stated that the subsidy or subsidized guardianship. a written agreement was retained as this requirement of a written agreement to be Another commenter stated that this is an important planning and budgetary approved by the Regional Director, section prevented placement of children requirement which will clarify should be changed to the local Bureau on temporary basis without permanency responsibilities before placement. official for approval. Another planning. Another commenter asked Protective services were described in commenter requested clarification that what the special circumstances were in § 20.401 which was renumbered as this service was out of the home. (a). This section was combined with §§ 20.402 and 20.403 and it was Another commenter requested deletion § 20.503 in the final rule. unnecessary to repeat them in this of the requirement that placements had Response: These recommendations section. to be in facilities licensed by the tribe were not adopted. The requirement to Section 20.508 What Information Is or state. Another commenter requested be under the age of 18 (with regard to Required in the Foster Care Case File? deletion of the requirement that a special circumstances as defined by written agreement be signed between tribal standards) and to have been in One commenter suggested that this the various funding sources to identify foster care previously to be eligible for section be deleted as it was the services each will pay before the adoption subsidy or subsidized unnecessary. One commenter suggested actual placement. Another commenter guardianship was included to focus the addition of language at the end of (d) requested that child assistance be used upon long-term cases which have the if available and at the end (h) if for other services other than room and highest priority. The language in this applicable after Medicaid. Another board. section facilitates temporary placement commenter suggested a rewrite of the Response: These recommendations if there is a need for this service. The section because (e) which references a were partially adopted. The approval by tribes have flexibility to interpret payment plan with parental agreement the Regional Director was changed to special circumstances. may not be applicable where parents do the Bureau line officer. The service not agree to contribute financial provided in a treatment center is clearly Section 20.505 What Is the Payment support. This section was renumbered a service that cannot be provided in the Standard for Adoption and as § 20.506 in the final rule. home. Treatment Center was revised to Guardianship? Response: These recommendations read residential care facilities in the Some commenters stated that the were not adopted because the final rule. Placements in licensed payment standard should be decided by information requirements are critical for facilities insures a minimum level of the tribes operating the programs. This a successful foster care placement and service and was retained. Use of a section was combined with § 20.501 in specifying them in regulations ensures written agreement specifying who is the final rule. that the dates will be provided. Even if paying for specific services was retained Response: This recommendation was a parent does not agree to contribute as it is necessary to have a specific not adopted. The Bureau needs to financial support, there should be a plan budget to work with because funds are establish the rate as this is a budgetary which involves their participation as limited. The Bureau retained the concern. The Assistant Secretary will they are not relieved of responsibility. language that specifies use of funds for establish the payment standard referred The parents’ cooperation is needed

VerDate 112000 13:29 Oct 19, 2000 Jkt 194001 PO 00000 Frm 00014 Fmt 4701 Sfmt 4700 E:\FR\FM\20OCR2.SGM pfrm04 PsN: 20OCR2 Federal Register / Vol. 65, No. 204 / Friday, October 20, 2000 / Rules and Regulations 63157 particularly if reunification is the a court of competent jurisdiction and is replaced ‘‘must’’ with ‘‘will.’’ The lack ultimate goal. not in conflict with § 20.510. of administrative funding cannot be addressed in the regulations. The Section 20.509 What Are The Section 20.511 Should Permanency Bureau has issued guidance on child Requirements For Foster Care? Plans Be Developed? protection teams for many years and One commenter asked if the intent of Some commenters stated that the there has never been any question raised this section was to require social requirement to have permanency about the legality of child protection services workers to enforce child planning developed within 6 months teams, which are referenced under Pub. support collection. Another commenter was not possible or realistic and L. 99–570 and Pub. L. 101–630 to asked whether homemaker services suggested that it be changed to 12 handle child protection issues. could be used for handicapped children. months. Therefore, the language was retained. Another commenter pointed out that in Response: This recommendation was Subpart F—Administrative Procedures many instances there was a poor not adopted. The Bureau retained the 6- relationship between tribes and state month requirement as this is realistic Section 20.600 How Is an Application courts. One commenter stated that and conveys that this should be a high for Financial Assistance or Social background checks conducted on foster priority. Services Made? home providers were not legal. One Section 20.512 Can the Bureau/Tribal One commenter stated that there was commenter stated that (a) implied that Contractors Make Indian Adoptive confusion as to whether an application the court had a role in selecting the Placements? was required to be in writing. One placement rather than social services No comments were received on this commenter stated that there was and recommended language deleting the section. confusion between applications and reference to courts. Another commenter referrals. Another commenter stated that Section 20.513 Should Interstate questioned the use of state standards of language was needed to clarify that Compacts Be Used for the Placement of payment for necessary care in (e) and contractors should forward applications Children? recommended establishing the rates at to the appropriate tribal staff. the local level. Another commenter One commenter suggested changing Response: These recommendations suggested a problem in (f) in gaining ‘‘must’’ to ‘‘should.’’ were partially adopted. All applications parental agreement and recommended Response: This recommendation was must be in writing. The language should addition of the phrase ‘‘when possible.’’ adopted. The Bureau changed the have stated that oral applications would This section was renumbered as wording. need to be reduced to writing at a later § 20.507 in the final rule. Section 20.514 What Assistance Can date if an oral application was taken Response: These recommendations the Courts Request From Social Services originally. Referrals are clearly for the were not adopted. The Bureau is not on Behalf of Children? purpose of making application so this requiring social services workers to language remained unchanged. The One commenter stated that this pursue child support enforcement; current regulations in place for the past however, they are required to cooperate section conflicted with § 20.510. Response: This recommendation was 15 years have included reference to the with other service delivery systems that Superintendent and there has never have responsibility for enforcement of not adopted. The Bureau did not agree that there was a conflict between been confusion among tribes as to where child support. Section 20.501 describes applications must go when tribes use of homemaker services for children § 20.510 and § 20.514, because § 20.510 explains the courts authority in terms of operate the Social Service program. This which could include handicapped particular language was retained. This children but it is only short term in expenditure of funds and § 20.514 explains the types of social services that section was rewritten in the final rule nature. Working relationships between for clarification purposes. tribes and states is not a subject that can can be requested by the courts. be addressed in regulations. The Bureau Section 20.515 What Is Required for Section 20.601 From Whom Is retained the requirement of background Case Management? Eligibility Information Collected? checks as this is in compliance with One commenter stated that in some Some commenters stated that when part 63 and Public Law 101–630. instances there was not enough staff for there was a change in the recipient’s Section 20.510 How Is the Court a supervisor to complete case reviews circumstances which affected payment Involved in Foster Care Placements? every 90 days. level that a process for overpayment Response: This recommendation was should be described and the direct One commenter stated that there was not adopted. The Bureau feels that service providers should be able to refer an inconsistency because § 20.508(i) reviewing cases every 90 days is both this matter to administrative staff for stated that a court needed to be involved important and reasonable. follow up. One commenter stated that if a placement goes beyond 30 days and this section was in conflict with therefore the language in § 20.510 Section 20.516 How Are Child Abuse § 20.304 because it stated a recipient needed rewording because there were and Neglect Cases To Be Handled? was required to immediately inform instances where the court may not be One commenter suggested replacing social services of any changes rather involved. This section was renumbered ‘‘must’’ with the word ‘‘will’’ and also than within 30 days. § 20.508(i) in the final rule. noted that there were insufficient funds Response: These recommendations Response: This recommendation was to handle child abuse and neglect cases. were partially adopted. The not adopted. The Bureau language did One commenter questioned the overpayment process is more not need to be changed to clarify the requirement of child protection teams as appropriately addressed in internal intent because § 20.508(i) gives their reading of Public Law 99–570 and procedures. The Bureau changed flexibility in those instances where a Public Law 101–630 did not specify § 20.601 which was renumbered as court may not be involved by stating the child protection teams. § 20.602 to require the recipient to placement will be in accordance with Response: These recommendations immediately inform the social services tribal codes and standards authorized by were partially adopted. The Bureau office of any change in status affecting

VerDate 112000 13:29 Oct 19, 2000 Jkt 194001 PO 00000 Frm 00015 Fmt 4701 Sfmt 4700 E:\FR\FM\20OCR2.SGM pfrm04 PsN: 20OCR2 63158 Federal Register / Vol. 65, No. 204 / Friday, October 20, 2000 / Rules and Regulations eligibility or amount of assistance. This § 20.607 in the final rule and rewritten Regulatory Planning and Review (E.O. section was rewritten in the final rule for clarification purposes. 12866) for clarification purposes. Subpart G—Hearings and Appeals This document is not a significant Section 20.602 How Is an Application rule and is not subject to review by the Section 20.700 Can an Applicant or Approved or Denied? Office of Management and Budget under Recipient Appeal the Decision of a Executive Order 12866. One commenter stated that the proper Bureau Official? (1) This rule will not have an effect of reference in this section was §§ 20.300 No comments were received on this $100 million or more on the economy. through 20.516 and also suggested the section. It will not adversely affect in a material section should be rewritten to state that Section 20.701 Does an Applicant or way the economy, productivity, the Bureau is the approving or denying competition, jobs, the environment, authority and that an additional section Recipient Receive Financial Assistance while an Appeal is Pending? public health or safety, or state, local, or should be added for tribes to outline tribal governments or communities. how they approve or deny an One commenter stated that an Tribes have been operating this application. This section was applicant should not receive assistance financial assistance program for 30 years renumbered as § 20.603 in the final rule. if they have not been determined and the amount of funding is dependent Response: These recommendations eligible for assistance. upon the local economy in terms of were partially adopted. The Bureau Response: This recommendation was unemployment and extent of need for changed the section reference number to not adopted. The section conveys the funds. Approximately 400 tribes receive add better clarity. However, the Bureau intent in that financial assistance will some form of financial assistance yearly did not change the remainder of the continue while the Superintendent and the amount of funds varies section because there is no confusion as makes a final decision on an appeal according to caseload increases and to tribes’ responsibilities when they which is pending. Recovery for decreases. The Bureau’s total contract for the service. overpayments was addressed in the expenditure for social service programs section. Section 20.603 How Is an Applicant or is $94 million. Recipient Notified That Benefits or Section 20.702 When Is an Appeal (2) This rule will not create a serious Services Are Denied? Hearing Scheduled? inconsistency or otherwise interfere with an action taken or planned by One commenter stated that the section One commenter noted that under (5) another agency. should be rewritten to explain that the ‘‘not’’ had been deleted and thus (3) This rule does not alter the recipient has a right to request an allowing an appeal under part 2 when budgetary effects of entitlements, grants, extension of 10 days for the date of the the intent was to make the decision final user fees, or loan programs or the rights and not subject to appeal if there was no hearing. Response: This recommendation was or obligations of their recipients. It request for a hearing within 20 days of establishes procedures for various social the date of the notice. Another not adopted. The Bureau did not make this change because this section does services programs, but does not alter the commenter suggested an additional amounts that will be awarded. section for contractors and inclusion of not guarantee an extension of 10 days for the hearing to the recipient nor was (4) This rule does not raise novel legal language in the original section stating or policy issues. that this section applied to the Bureau the section designed to provide such an only. This section was renumbered as extension. Regulatory Flexibility Act § 20.604 in the final rule. Section 20.703 What Must the Written The Regulatory Flexibility Act (5 Response: These recommendations Notice of Hearing Include? U.S.C. 601 et seq.) specifically excludes were partially adopted. The Bureau No comments were received on this Indian tribes from its coverage. agreed that under (5) ‘‘not’’ was section. incorrectly deleted and this was Small Business Regulatory Enforcement corrected. Additional language was not Section 20.704 Who Conducts the Fairness Act (SBREFA) needed for contractors. Hearing or Appeal From a Bureau This rule is not a major rule under 5 Decision or Action and What Is the U.S.C. 804(2), the Small Business Section 20.604 How Is an Incorrect Process? Regulatory Enforcement Fairness Act. Payment Adjusted or Recovered? No comments were received on this This rule: One commenter suggested an section. (a) Does not have an annual effect on additional section for contractors and the economy of $100 million or more. inclusion in the original section which Section 20.705 Can an Applicant or The financial assistance funds available specified that this section applied to the Recipient Appeal a Tribal Decision? total $94 million and are divided up Bureau only. This section was One commenter stated that there between 400 Indian communities based renumbered as § 20.606 in the final rule. should be a process for applicants or upon need. Response: This recommendation was recipients to appeal tribal decisions. (b) Will not cause a major increase in not adopted. A separate section for Another commenter stated that this costs or prices for consumers, contractors was not added as it is not section violated tribal sovereignty. individual industries, federal, state, or necessary because part 900 explains the Response: These recommendations local government agencies, or responsibilities of contractors. were not adopted. This process for geographic regions. This rule provides appeals of a tribe’s decisions should be guidance for a welfare benefit program Section 20.605 What Happens When an internal procedure which is specified and will not affect payment levels of Applicants or Recipients Knowingly and in the tribe’s own policy and procedure eligible clients nor cause increases or Willfully Provide False, Fictitious, or manual. This section was not changed decreases in existing caseloads or total Fraudulent Information? because it clarifies the Bureau’s role in expenditures. No comments were received on this terms of applicant or recipient appeals (c) Does not have significant adverse section. This section was renumbered as of tribal decisions. effects on competition, employment,

VerDate 112000 13:29 Oct 19, 2000 Jkt 194001 PO 00000 Frm 00016 Fmt 4701 Sfmt 4700 E:\FR\FM\20OCR2.SGM pfrm04 PsN: 20OCR2 Federal Register / Vol. 65, No. 204 / Friday, October 20, 2000 / Rules and Regulations 63159 investment, productivity, innovation, or determining eligibility, ensuring 20.210 Can eligibility criteria or payments the ability of U.S.-based enterprises to uniformity of services, and maintaining for Burial Assistance, Child Assistance, compete with foreign-based enterprises. current records for audit purposes. The and Disaster Assistance and Emergency This program is a welfare benefit information collection is required to Assistance change? program and does not affect local obtain or retain a benefit. Information Subpart CÐDirect Assistance enterprises. covered by the Privacy Act will be kept Eligibility for Direct Assistance confidential as required by regulation. Unfunded Mandates Reform Act 20.300 Who qualifies for Direct Assistance Please note that an agency may not under this subpart? This rule does not impose an collect or sponsor, and a person is not 20.301 What is the goal of General unfunded mandate on state, local, or required to respond to, a collection of Assistance? tribal governments or the private sector information unless it displays a 20.302 Are Indian applicants required to of more than $100 million per year. The currently valid OMB control number. seek assistance through Temporary rule does not have a significant or Assistance for Needy Families? unique effect on state, local, or tribal National Environmental Policy Act 20.303 When is an applicant eligible for governments or the private sector. A This rule does not constitute a major General Assistance? statement containing the information Federal action significantly affecting the 20.304 When will the Bureau review eligibility for General Assistance? required by the Unfunded Mandates quality of the human environment. A 20.305 What is redetermination? Reform Act (1 U.S.C. 1531, et seq.) is not detailed statement under the National 20.306 What is the payment standard for required. Environmental Policy Act of 1969 is not General Assistance? required. Takings (E.O. 12630) Determining Need and Income In accordance with Executive Order List of Subjects in 25 CFR Part 20 20.307 What resources does the Bureau 12630, the rule does not have significant Administrative practice and consider when determining need? takings implications. A takings procedures, Child welfare, Indians— 20.308 What does earned income include? 20.309 What does unearned income implication assessment is not required. social welfare, Public assistance include? programs. Federalism (E.O. 13132) 20.310 What recurring income must be For the reasons set out in the prorated? In accordance with Executive Order preamble, we are revising part 20 in 20.311 What amounts will the Bureau 13132 this rule does not have significant chapter I of title 25 of the Code of deduct from earned income? Federalism effects. Consultation was not Federal Regulations as follows. 20.312 What amounts will the Bureau conducted with state and local officials deduct from income or other resources? because the rule does not affect state PART 20ÐFINANCIAL ASSISTANCE 20.313 How will the Bureau compute and local entities but does affect tribal AND SOCIAL SERVICES PROGRAMS financial assistance payments? communities. Consultation was Employment Requirements Subpart AÐDefinitions, Purpose and Policy conducted with tribal officials at three 20.314 What is the policy on employment? separate locations and their Sec. 20.315 Who is not covered by the recommendations were considered in 20.100 What definitions clarify the meaning employment policy? the preparation of the final rule. of the provisions of this part? 20.316 What must a person covered by the 20.101 What is the purpose of this part? employment policy do? Civil Justice Reform (E.O. 12988) 20.102 What is the Bureau’s policy in 20.317 How will the ineligibility period be providing financial assistance and social implemented? In accordance with Executive Order services under this part? 12988, the Office of the Solicitor has 20.318 What case management 20.103 Have the information collection responsibilities does the social services determined that this rule does not requirements in this part been approved worker have? unduly burden the judicial system and by the Office of Management and 20.319 What responsibilities does the meets the requirements of sections 3(a) Budget? general assistance recipient have? and 3(b)(2) of the Order. Subpart BÐWelfare Reform Tribal Work Experience Program (TWEP) Paperwork Reduction Act 20.200 What contact will the Bureau 20.320 What is TWEP? maintain with State, tribal, county, local, 20.321 Does TWEP allow an incentive This regulation requires an and other Federal agency programs? information collection from 10 or more payment? 20.201 How does the Bureau designate a 20.322 Who can receive a TWEP incentive parties and a submission under the service area and what information is payment? Paperwork Reduction Act is required. required? 20.323 Will the local TWEP be required to An OMB Form 83–I and an information 20.202 What is a tribal redesign plan? have written program procedures? collection packet were reviewed by the 20.203 Can a tribe incorporate assistance Department and were sent to OMB for from other sources into a tribal redesign Burial Assistance approval on March 31, 1999. plan? 20.324 When can the Bureau provide Burial 20.204 Must all tribes submit a tribal Assistance? Subsequently, OMB provided approval redesign plan? on June 8, 1999, for form number OMB 20.325 Who can apply for Burial 20.205 Can tribes change eligibility criteria Assistance? 1076–0017 for the Bureau Financial and or levels of payments for General 20.326 Does Burial Assistance cover Social Services Program. Assistance? transportation expenses? The Bureau has reviewed the 20.206 Must a tribe get approval for a tribal information needed and reduced the redesign plan? Disaster Assistance amount of information being collected. 20.207 Can a tribe use savings from a tribal 20.327 When can the Bureau provide The information collection takes 15 redesign plan to meet other priorities of Disaster Assistance? the tribe? minutes for 200,000 respondents for a 20.328 How can a tribe apply for Disaster 20.208 What if the tribal redesign plan Assistance? burden of 50,000 hours. The leads to increased costs? information collection is used to make 20.209 Can a tribe operating under a tribal Emergency Assistance decisions within the framework of the redesign plan go back to operating under 20.329 When can the Bureau provide financial assistance program, such as this part? Emergency Assistance payments?

VerDate 112000 13:29 Oct 19, 2000 Jkt 194001 PO 00000 Frm 00017 Fmt 4701 Sfmt 4700 E:\FR\FM\20OCR2.SGM pfrm04 PsN: 20OCR2 63160 Federal Register / Vol. 65, No. 204 / Friday, October 20, 2000 / Rules and Regulations

20.330 What is the payment standard for 20.604 How is an applicant or recipient Bureau means the Bureau of Indian Emergency Assistance? notified that benefits or services are Affairs of the United States Department denied or changed? Adult Care Assistance of the Interior. 20.605 What happens when an applicant or Bureau Standard of Assistance means 20.331 What is Adult Care Assistance? recipient appeals a decision under this payment standards established by the 20.332 Who can receive Adult Care subpart? Assistance? 20.606 How is an incorrect payment Assistant Secretary for burial, disaster, 20.333 How do I apply for Adult Care adjusted or recovered? emergency, TWEP and adoption and Assistance? 20.607 What happens when applicants or guardian subsidy. In accordance with 20.334 What happens after I apply? recipients knowingly and willfully Public Law 104–193, the Bureau 20.335 What is the payment standard for provide false, or fraudulent information? standard of assistance for general Adult Care Assistance? assistance is the state rate for TANF in Subpart GÐHearings and Appeals Subpart DÐServices to Children, Elderly, the state where the applicant resides. and Families 20.700 Can an applicant or recipient appeal Where the Bureau provides general the decision of a Bureau official? assistance on a reservation that extends 20.400 Who should receive Services to 20.701 Does an applicant or recipient Children, Elderly, and Families? receive financial assistance while an into another state, the Bureau will 20.401 What is included under Services to appeal is pending? provide general assistance to eligible Children, Elderly, and Families? 20.702 When is an appeal hearing Indians based on the standard of 20.402 When are protective services scheduled? assistance where the applicant resides if provided? 20.703 What must the written notice of the applicant is not eligible for state 20.403 What do protective services include? hearing include? general assistance or TANF. The Bureau 20.404 What information is contained in a 20.704 Who conducts the hearing or appeal standard of assistance for adult care social services assessment? from a Bureau decision or action and assistance is the state rate for adult care Subpart EÐChild Assistance what is the process? assistance in the state where the 20.705 Can an applicant or recipient appeal 20.500 Who is eligible for Child Assistance? applicant resides. The Bureau standard a tribal decision? of assistance for foster care is the state How Child Assistance Funds Can Be Used Authority: 25 U.S.C. 13; Pub. L. 93–638; rate for foster care in the state where the 20.501 What services can be paid for with Pub. L. 98–473; Pub. L. 102–477; Pub. L. applicant resides as provided by Title IV Child Assistance funds? 104–193; Pub. L. 105–83. of the Social Security Act (49 Stat. 620). 20.502 Can Child Assistance funds be used Burial assistance means a financial to place Indian children in residential Subpart AÐDefinitions, Purpose and assistance payment made on behalf of care facilities? Policy 20.503 When can Child Assistance funds be an indigent Indian who meets the used for Indian adoption or guardianship § 20.100 What definitions clarify the eligibility criteria to provide minimum subsidies? meaning of the provisions of this part? burial expenses according to Bureau 20.504 What short-term homemaker payment standards established by the Adult means an Indian person age 18 services can Child Assistance pay for? Assistant Secretary. 20.505 What services are provided jointly or older. Case means a single type of assistance with the Child Assistance Program? Adult assistance care means financial and/or service provided to an individual Foster Care assistance provided on behalf of an or household in response to an Indian adult who is not eligible for any 20.506 What information is required in the identified need which requires foster care case file? other state, federal, or tribal assistance intervention by social services. 20.507 What requirements must foster care as documented in the case file and who Case management means the activity providers meet? requires non-medical personal care and of a social services worker in assessing 20.508 What must the social service agency supervision due to advanced age, client and family problem(s), case do when a child is placed in foster care, infirmity, physical condition or mental planning, coordinating and linking residential care or guardianship home? impairment. services for clients, monitoring service 20.509 What must the social services Appeal means a written request for provisions and client progress, worker do when a child is placed in advocacy, tracking and evaluating foster care or residential care facility? correction of an action or decision of a 20.510 How is the court involved in child specific program decision by a Bureau services provided, such as evaluation of placements? official (§ 20.700) or a tribal official child’s treatment being concurrent with 20.511 Should permanency plans be (§ 20.705). parent’s treatment, and provision of developed? Applicant means an Indian individual aftercare service. Activities may also 20.512 Can the Bureau/tribal contractors by or on whose behalf an application for include resource development and make Indian adoptive placements? providing other direct services such as 20.513 Should Interstate Compacts be used financial assistance and/or social services has been made under this part. accountability of funds, data collection, for the placement of children? reporting requirements, and 20.514 What assistance can the courts Application means the written or oral documenting activities in the case file. request from social services on behalf of process through which a request is children? Case plan means a written plan with made for financial assistance or social time limited goals which is developed 20.515 What is required for case services. management? and signed by the service recipient and 20.516 How are child abuse, neglect or Assistant Secretary means the social services worker. The case plan exploitation cases to be handled? Assistant Secretary—Indian Affairs. will include documentation of referral Subpart FÐAdministrative Procedures Authorized representative means a and disapproval of eligibility for other parent or other caretaker relative, services. The plan must incorporate the 20.600 Who can apply for financial conservator, legal guardian, foster steps needed to assist individuals and assistance or social services? 20.601 How can applications be submitted? parent, attorney, paralegal acting under families to resolve social, economic, 20.602 How does the Bureau verify the supervision of an attorney, friend or psychological, interpersonal, and/or eligibility for social services? other spokesperson duly authorized and other problems, to achieve self- 20.603 How is an application approved or acting on behalf or representing the sufficiency and independence. All plans denied? applicant or recipient. for children in foster care or residential

VerDate 112000 13:29 Oct 19, 2000 Jkt 194001 PO 00000 Frm 00018 Fmt 4701 Sfmt 4700 E:\FR\FM\20OCR2.SGM pfrm04 PsN: 20OCR2 Federal Register / Vol. 65, No. 204 / Friday, October 20, 2000 / Rules and Regulations 63161 care must include a permanency plan provided by other federal, state, local or recognized as eligible for the special which contains a time specific goal of tribal sources: programs and services provided by the the return of the child to the natural (1) Adult Care Assistance for adults United States because of their status as parents or initiation of a guardianship/ who require non-medical personal care Indians. adoption. and supervision; Individual Self-sufficiency Plan (ISP) Child means an Indian person under (2) Burial Assistance for indigent means a plan designed to meet the goal the age of 18 except that no person who burials; of employment through specific action has been emancipated by marriage will (3) Child Assistance for any child steps and is incorporated within the be deemed a child. with special needs, in need of case plan for the general assistance Child assistance means financial placement in a foster home or recipient. The plan is jointly developed assistance provided on behalf of an residential care facility, or in need of and signed by the recipient and social Indian child, who has special needs as adoption or guardianship; services worker. specified in § 20.100. In addition, (4) Disaster Assistance; Near Reservation means those areas or assistance includes services to a child (5) Emergency Assistance for essential communities designated by the who requires placement in a foster needs to prevent hardship caused by Assistant Secretary that are adjacent or home or a residential care facility in burnout, flooding of homes, or other life contiguous to reservations where accordance with standards of payment threatening situations that may cause financial assistance and social service levels established by the state or county loss or damage of personal possessions; programs are provided. in which the child resides. Further, (6) General Assistance for basic Need means the deficit after assistance includes services to a child in essential needs; or consideration of income and other need of adoption or guardianship in (7) Tribal Work Experience Program resources necessary to meet the cost of accordance with payment levels for participants in work experience and essential need items and special need established by the Assistant Secretary. training. items as defined by the Bureau standard Designated representative means an Foster care services means those of assistance for the state in which the official of the Bureau who is designated social services provided to an eligible applicant or recipient resides. by a Superintendent to hold a hearing Indian child that is removed from his or Permanency plan means the as prescribed in §§ 20.700 through her home due to neglect, abandonment, documentation in a case plan which 20.705 and who has had no prior abuse or other maltreatment and placed provides for permanent living involvement in the proposed decision in a foster home. Services must also be alternatives for the child in foster care, under § 20.603 and whose hearing extended to the affected family members a residential care facility, or in need of decision under §§ 20.700 through and foster parent(s) with a goal of adoption or guardianship. Permanency 20.705 will have the same force and reuniting and preserving the family. plans are developed and implemented effect as if rendered by the General Assistance means financial in accordance with tribal, cultural, and Superintendent. assistance payments to an eligible tribal/state legal standards when the Disaster means a situation where a Indian for essential needs provided parent or guardian is unable to resolve tribal community is adversely affected under §§ 20.300 through 20.319. the issues that require out-of-home by a natural disaster or other forces Guardianship means long-term, social placement of the child. which pose a threat to life, safety, or services and court approved placement Protective services means those health as specified in §§ 20.327 and of a child. services necessary to protect an Indian 20.328. Head of household means a person in who is the victim of an alleged and/or Emergency means a situation where the household that has primary substantiated incident of abuse, neglect an individual or family’s home and responsibility and/or obligation for the or exploitation or who is under the personal possessions are either financial support of others in the supervision of the Bureau in regard to destroyed or damaged through forces household. In the case of a two parent the use and disbursement of funds in beyond their control as specified in household, one will be considered the his or her Individual Indian Money § 20.329. head of household for the purpose of (IIM) account. Employable means an eligible Indian making an application for benefits. Public assistance means those person who is physically and mentally Homemaker services means non- programs of financial assistance able to obtain employment, and who is medical services provided by social provided by state, tribal, county, local not exempt from seeking employment in services, in the absence of other and federal organizations including accordance with the criteria specified in resources, to assist an eligible Indian in programs under Title IV of the Social § 20.315. maintaining self-sufficiency, and Security Act (49 Stat. 620), as amended, Essential needs means shelter, food, preventing placement into foster care or and Public Law 104–193. clothing and utilities, as included in the residential care. Examples of services Recipient is an eligible Indian standard of assistance in the state where included in homemaker services are: receiving financial assistance or social the eligible applicant lives. cleaning an individual’s home, services under this part. Extended family means persons preparing meals for an individual, and Recurring income means any cash or related by blood, marriage or as defined maintaining or performing basic in-kind payment, earned or unearned, by tribal law or custom. household functions. received on a monthly, quarterly, Family assessment means a social Household means persons living semiannual, or annual basis. services assessment of a family’s history together who may or may not be related Regional Director means the Bureau and present abilities and resources to to the ‘‘head of household.’’ official in charge of a Regional Office. provide the necessary care, guidance Indian means any person who is a Reservation means any federally and supervision for individuals within member of an Indian tribe. recognized Indian tribe’s reservation, the family’s current living situation who Indian court means Indian tribal court pueblo, or colony. may need social service assistance and/ or Court of Indian Offenses. Residential care services means those or services. Indian tribe means an Indian or rehabilitation services provided to an Financial Assistance means any of the Alaska Native tribe, band, nation, eligible Indian child that is removed following forms of assistance not pueblo, village, or community which is from his or her home due to lack of

VerDate 112000 13:29 Oct 19, 2000 Jkt 194001 PO 00000 Frm 00019 Fmt 4701 Sfmt 4700 E:\FR\FM\20OCR2.SGM pfrm04 PsN: 20OCR2 63162 Federal Register / Vol. 65, No. 204 / Friday, October 20, 2000 / Rules and Regulations resources in the home to care for him or provides eligible participants with work Subpart BÐWelfare Reform her and placed in a residential care experience and training that promotes facility. and preserves work habits and develops § 20.200 What contact will the Bureau Resources means income, both earned work skills aimed toward self- maintain with State, tribal, county, local, and other Federal agency programs? and unearned, and other liquid assets sufficiency. The Bureau payment available to an Indian person or standard is established by the Assistant We will coordinate all financial household to meet current living costs, Secretary. assistance and social services programs unless otherwise specifically excluded with state, tribal, county, local and other Unemployable means a person who federal agency programs to ensure that by federal statute. Liquid assets are meets the criteria specified in § 20.315. those properties in the form of cash or the financial assistance and social other financial instruments which can § 20.101 What is the purpose of this part? services program avoids duplication of be converted to cash, such as savings or assistance. The regulations in this part govern the checking accounts, promissory notes, provision to eligible Indians of the § 20.201 How does the Bureau designate a mortgages and similar properties, and following kinds of financial assistance service area and what information is retirements and annuities. and social services: required? Secretary means the Secretary of the The Assistant Secretary can designate (a) Adult Care Assistance; Interior. or modify service areas for a tribe. If you Service area means a geographic area (b) Burial Assistance; are a tribe requesting a service area designated by the Assistant Secretary (c) Child Assistance; designation, you must submit each of where financial assistance and social (d) Disaster Assistance; the following: services programs are provided. Such a (a) A tribal resolution that certifies geographic area designation can include (e) Emergency Assistance; that: a reservation, near reservation, or other (f) General Assistance; (1) All eligible Indians residing within geographic location. (g) Services to Children, Elderly and the service area will be served; and Services to children, elderly and (2) The proposed service area will not Families; and families means social services, include counties or parts thereof that including protective services provided (h) Tribal Work Experience Program. have reasonably available comparable through the social work skills of § 20.102 What is the Bureau's policy in services. casework, group work or community (b) Additional documentation development to assist in solving social providing financial assistance and social services under this part? showing that: problems involving children, elderly (1) The area is administratively and families. These services do not (a) Bureau social services programs feasible (that is, an adequate level of include money payments. are a secondary, or residual resource, services can be provided to the eligible Special needs means a financial and must not be used to supplement or Indians residing in the area.); assistance payment made to or on behalf supplant other programs. (2) No duplication of services exists; of children under social services (b) The Bureau can provide assistance and supervision for circumstances that under this part to eligible Indians when (3) A plan describing how services warrant financial assistance that is not comparable financial assistance or will be provided to all eligible Indians included in the foster care rates; for social services are either not available or can be implemented. example, respite care, homemaker not provided by state, tribal, county, (c) Documentation should be sent to service, day care service, and may local or other federal agencies. the Regional Director or Office of Self- include basic needs (special diets) Governance. which are not considered as a medical (c) Bureau financial assistance and The Director or office will evaluate need where other resources are not social services are subject to annual the information and make available. Congressional appropriations. recommendations to the Assistant Superintendent means the Bureau § 20.103 Have the information collection Secretary. The Assistant Secretary can official in charge of an agency office. requirements in this part been approved by make a determination to approve or Supplemental Security Income (SSI) the Office of Management and Budget? disapprove and publish notice of the means cash assistance provided under designation of service area and the Title XVI of the Social Security Act (49 The information collection Indians to be served in the Federal Stat. 620), as amended. requirements contained in §§ 20.300, Register. Tribes currently providing Temporary Assistance for Needy 20.400, and 20.500 were submitted for services are not required to request Families (TANF) means one of the clearance to the Office of Management designation for service areas unless they programs of financial assistance and Budget under 44 U.S.C. 35d et seq. make a decision to modify their existing provided under the Personal This information collection was service areas. Responsibility and Work Opportunity approved by OMB with OMB Control Reconciliation Act of 1996 (PRWORA). #1076–0017. The expiration date is on § 20.202 What is a tribal redesign plan? Tribal governing body means the the form. The information is collected to If you are a tribe administering a federally recognized governing body of determine applicant eligibility for general assistance program, you can an Indian tribe. services. The information will be used develop and submit to us a tribal Tribal redesign plan means a tribally to determine applicant eligibility and to redesign plan to change the way that designed method for changing general insure uniformity of services. Response you administer the program. assistance eligibility and/or payment is required to obtain a benefit. The (a) A tribal redesign plan allows a levels in accordance with 25 U.S.C.A. public reporting burdens for this form tribe to: § 13d-3. are estimated to average 15 minutes per (1) Change eligibility for general Tribal Work Experience Program response including time for reviewing assistance in the service area; or (TWEP) means a program operated by the instructions, gathering and (2) Change the amount of general tribal contract/grant or self-governance maintaining data, and completing and assistance payments for individuals annual funding agreement, which reviewing the form. within the service area.

VerDate 112000 13:29 Oct 19, 2000 Jkt 194001 PO 00000 Frm 00020 Fmt 4701 Sfmt 4700 E:\FR\FM\20OCR2.SGM pfrm04 PsN: 20OCR2 Federal Register / Vol. 65, No. 204 / Friday, October 20, 2000 / Rules and Regulations 63163

(b) If you develop a tribal redesign § 20.207 Can a tribe use savings from a § 20.302 Are Indian applicants required to plan it must: tribal redesign plan to meet other priorities seek assistance through Temporary of the tribe? Assistance for Needy Families? (1) Treat all persons in the same Yes, all Indian applicants with situation equally; and Yes, you may use savings from a redesign of the general assistance dependent children are required to (2) Will not result in additional program to meet other priorities. apply for Temporary Assistance for expenses for the Bureau solely because Needy Families (TANF) and follow of any increased level of payments. § 20.208 What if the tribal redesign plan TANF regulations. leads to increased costs? § 20.203 Can a tribe incorporate The tribe must meet any increase in § 20.303 When is an applicant eligible for assistance from other sources into a tribal General Assistance? redesign plan? cost to the General Assistance program that results solely from tribally To be eligible for General Assistance Yes, when a tribe redesigns its general increased payment levels due to a an applicant must: (a) Meet the criteria contained in assistance program, it may include redesign plan. assistance from other sources (such as § 20.300; Public Law 102–477 federal funding § 20.209 Can a tribe operating under a (b) Apply concurrently for financial sources) in the plan. tribal redesign plan go back to operating assistance from other state, tribal, under this part? county, local, or other federal agency § 20.204 Must all tribes submit a tribal Yes, a tribe operating under a tribal programs for which he/she is eligible; redesign plan? redesign plan can choose to return to (c) Not receive any comparable public assistance; and No, you must submit a tribal redesign operation of the program as provided in (d) Develop and sign an employment plan under § 20.206 only if you want to §§ 20.300 through 20.323. strategy in the ISP with the assistance of change the way that the General § 20.210 Can eligibility criteria or the social services worker to meet the Assistance program operates in your payments for Burial Assistance, Child goal of employment through specific service area. Assistance, and Disaster Assistance and action steps including job readiness and § 20.205 Can tribes change eligibility Emergency Assistance change? job search activities. criteria or levels of payments for General No, unless otherwise provided by law, Assistance? § 20.304 When will the Bureau review the Bureau nor a tribe may change eligibility for General Assistance? eligibility criteria or levels of payment Yes, if you have a redesign plan, you The Bureau will review eligibility for for Burial Assistance, Child Assistance, can change eligibility criteria or levels General Assistance: of payment for general assistance. Disaster Assistance, and Emergency (a) Every 3 months for individuals Assistance awarded in Public Law 93– who are not exempt from seeking or (a) The funding level for your 638 contracts, Public Law 102–477 redesigned general assistance program accepting employment in accordance grants, or Public Law 103–413 self- with § 20.315 or the ISP; will be the same funding received in the governance annual funding agreements. most recent fiscal or calendar year, (b) Every 6 months for all recipients; whichever applies. Subpart CÐDirect Assistance and (c) Whenever there is a change in (b) If you do not have a prior year Eligibility for Direct Assistance status that can affect a recipient’s level of funding, the Bureau or Office of eligibility or amount of assistance. Self-Governance will establish a § 20.300 Who qualifies for Direct Recipients must immediately inform the tentative funding level based upon best Assistance under this subpart? social services office of any such estimates for caseload and expenditures. To be eligible for assistance or changes. services under this part, an applicant (c) A Bureau servicing office can § 20.305 What is redetermination? administer a tribal redesign plan as must meet all of the following criteria: requested by a tribal resolution. (a) Be a member of an Indian tribe; Redetermination is an evaluation by a (b) Not have sufficient resources to social services worker to assess the need § 20.206 Must a tribe get approval for a meet the essential need items defined by for continued financial assistance as tribal redesign plan? the Bureau standard of assistance for outlined in § 20.304. It includes: (a) A home visit; If you have a Public Law 93–638 those Bureau programs providing (b) An estimate of income, living contract or receive direct services from financial payment; circumstances, household composition us, you must obtain our approval before (c) Reside in the service area as for the month(s) for which financial implementing a redesign plan. You can defined in § 20.100; and assistance is to be provided; and apply for approval to the Regional (d) Meet the additional eligibility (c) Appropriate revisions to the case Director or through the Bureau servicing criteria for each of the specific programs plan and the ISP. office. of financial assistance or social services (a) You must submit your redesign in §§ 20.301 through 20.516. § 20.306 What is the payment standard for General Assistance? plan for approval at least 3 months § 20.301 What is the goal of General before the effective date. (a) Under Public Law 104–193, the Assistance? Bureau must use the same TANF (b) If you operate with a self- The goal of the General Assistance payment standard (and any associated governance annual funding agreement, program is to increase self-sufficiency. rateable reduction) that exists in the you must obtain the approval of the Each General Assistance recipient must state or service area where the applicant redesign from the Office of Self- work with the social services worker to or recipient resides. This payment Governance. develop and sign an Individual Self- standard is the amount from which the (c) If you operate with a Public Law Sufficiency Plan (ISP). The plan must Bureau subtracts net income and 102–477 grant, you must obtain outline the specific steps the individual resources to determine General approval from the Bureau Central will take to increase independence by Assistance eligibility and payment Office. meeting the goal of employment. levels;

VerDate 112000 13:29 Oct 19, 2000 Jkt 194001 PO 00000 Frm 00021 Fmt 4701 Sfmt 4700 E:\FR\FM\20OCR2.SGM pfrm04 PsN: 20OCR2 63164 Federal Register / Vol. 65, No. 204 / Friday, October 20, 2000 / Rules and Regulations

(b) If the state does not have a (c) Per capita payments not excluded (c) Resources specifically excluded by standard for an adult, we will use either by federal statute; federal statute. the difference between the standard for (d) Income from sale of trust land and a child and the standard for a household real or personal property that is set § 20.313 How will the Bureau compute financial assistance payments? of two, or one-half of the standard for aside for reinvestment in trust land or a household of two, whichever is a primary residence, but has not been (a) The social services worker will greater; and reinvested in trust land or a primary compute financial assistance payments (c) If the state does not have a TANF residence at the end of one year from by beginning with the Bureau standard program, we will use the AFDC the date the income was received; of assistance and doing the following: payment standard which was in effect (e) In-kind contributions providing (1) Subtracting from all resources on September 30, 1995, in the State shelter at no cost to the individual or calculated under §§ 20.307 through where the applicant or recipient resides. household, this must equal the amount 20.310; for shelter included in the state (2) Subtracting the rateable reduction Determining Need and Income standard, or 25 percent of the state or maximum payment level used by the § 20.307 What resources does the Bureau standard, whichever is less; and state where the applicant lives; consider when determining need? (f) Financial assistance provided by a (3) Subtracting an amount for shelter When the Bureau determines General state, tribal, county, local, or other (see paragraph (b) of this section for Assistance eligibility and payment federal agency. details on how to calculate a shelter levels, we consider income and other amount); and § 20.310 What recurring income must be (4) Rounding the result down to the resources as specified in §§ 20.308 and prorated? 20.309. next lowest dollar. The social services worker will (b) The social services worker must (a) All income, earned or unearned, prorate the following recurring income: must be calculated in the month it is calculate a shelter amount for purposes (a) Recurring income received by of paragraph (a)(3) of this section. To received and as a resource thereafter, individuals over a 12-month period for except that certain income obtained calculate the shelter amount: less than a full year’s employment (for (1) The shelter amount must not from the sale of real or personal example, income earned by teachers property may be exempt as provided in exceed the amount for shelter in the who are not employed for a full year); state TANF standard; § 20.309. (b) Income received by individuals (b) Resources are considered to be (2) If the state TANF does not specify employed on a contractual basis over an amount for shelter, the social available when they are converted to the term of a contract; and cash. services worker must calculate the (c) Intermittent income received amount as 25 percent of the total state § 20.308 What does earned income quarterly, semiannually, or yearly over TANF payment; and include? the period covered by the income. (3) If there is more than one Earned income is cash or any in-kind § 20.311 What amounts will the Bureau household in a dwelling, the social payment earned in the form of wages, deduct from earned income? services worker must prorate the actual salary, commissions, or profit, from (a) The social services worker will shelter cost among the households activities by an employee or self- deduct the following amounts from receiving General Assistance; this employed individual. Earned income earned income: amount cannot exceed the amount in includes: (1) Other federal, state, and local the standard for individuals in similar (a) Any one-time payment to an taxes; circumstances. The head of each individual for activities which were (2) Social Security (FICA); household is responsible for his/her sustained over a period of time (for (3) Health insurance; portion of the documented shelter cost. example, the sale of farm crops, (4) Work related expenses, including (c) The social services worker must livestock, or professional artists reasonable transportation costs; not provide General Assistance producing art work); and (5) Child care costs for children under payments for any period before the date (b) With regard to self-employment, the age of 6 except where the other of the application for assistance. total profit from a business enterprise parent in the home is unemployed and (i.e., gross receipts less expenses physically able to care for the children; Employment Requirements incurred in producing the goods or and § 20.314 What is the policy on services). Business expenses do not (6) The cost of special clothing, tools, employment? include depreciation, personal business and equipment directly related to the (a) An applicant or recipient must: and entertainment expenses, personal individual’s employment. (1) Actively seek employment, transportation, capital equipment (b) For self-employed individuals, the including the use of available state, purchases, or principal payments on social services worker will deduct the tribal, county, local or Bureau-funded loans for capital assets or durable goods. costs of conducting business and all of the amounts in paragraph (a) of this employment services; § 20.309 What does unearned income section. (2) Make satisfactory progress in an include? ISP; and Unearned income includes, but is not § 20.312 What amounts will the Bureau (3) Accept local and seasonable limited to: deduct from income or other resources? employment when it is available. (a) Income from interest; oil and gas The social services worker will (b) A head of household who does not and other mineral royalties; gaming deduct the following amounts from comply with this section will not be income per capita distributions; rental income, or other resources: eligible for General Assistance for a property; cash contributions, such as (a) The first $2,000 of liquid resources period of at least 60 days but not more child support and alimony, gaming annually available to the household; than 90 days. This action must be winnings; retirement benefits; (b) Any home produce from a garden, documented in the case file. (b) Annuities, veteran’s disability, livestock, and poultry used by the (c) The policy in this section does not unemployment benefits, and federal and applicant or recipient and his/her apply to any person meeting the criteria state tax refunds; household for their consumption; and in § 20.315.

VerDate 112000 13:29 Oct 19, 2000 Jkt 194001 PO 00000 Frm 00022 Fmt 4701 Sfmt 4700 E:\FR\FM\20OCR2.SGM pfrm04 PsN: 20OCR2 Federal Register / Vol. 65, No. 204 / Friday, October 20, 2000 / Rules and Regulations 63165

§ 20.315 Who is not covered by the employment policy? The employment policy in § 20.314 does not apply to the persons shown in the following table.

The employment policy in §20.314 does not apply to . . . if . . . and . . .

(a) Anyone younger than 16.

(b) A full-student under the age of 19 ...... He/she is attending an elementary or sec- He/she is making satisfactory progress. ondary school or a vocational or technical school equivalent to a secondary school.

(c) A person enrolled at least half-time in a pro- He/she is making satisfactory progress ...... He/she was an active General Assistance re- gram of study under Section 5404 of Pub. L. cipient for a minimum of 3 months before 100±297. determination/redetermination of eligibility.

(d) A person suffering from a temporary med- It is documented in the case plan that the ill- He/she must be referred to SSI if the disability ical injury or illness. ness or injury is serious enough to tempo- status exceeds 3 months. rarily prevent employment.

(e) An incapacitated person who has not yet re- A physician, psychologist, or social services The assessment is documented in the case ceived Supplemental Security Income (SSI) worker certifies that a physical or mental plan. assistance. impairment (either by itself, or in conjunc- tion with age) prevents the individual from being employed.

(f) A caretaker who is responsible for a person A physician or certified psychologist verifies The case plan documents that: the condition in the home who has a physical or mental the condition. requires the caretaker to be home on a vir- impairment. tually continuous basis; and there is no other appropriate household member avail- able to provide this care.

(g) A parent or other individual who does not He/she personally provides full-time care to a have access to child care. child under the age of 6.

(h) A person for whom employment is not ac- There is a minimum commuting time of one cessible. hour each way.

§ 20.316 What must a person covered by (c) Your eligibility suspension will (b) Perform successfully in the work the employment policy do? affect only you. The Bureau will not related activities, community service, (a) If you are covered by the apply it to other eligible members of the training and/or other employment employment policy in § 20.314, you household. assistance programs developed in the must seek employment and provide ISP; § 20.318 What case management evidence of your monthly efforts to (c) Participate successfully in responsibilities does the social services treatment and counseling services obtain employment in accordance with worker have? your ISP. identified in the ISP; (b) If you do not seek and accept In working with each recipient, you, (d) Participate in evaluations of job available local and seasonal the social services worker must: readiness and/or any other testing employment, or you quit a job without (a) Assess the general employability of required for employment purposes; and good cause, you cannot receive General the recipient; (e) Demonstrate that you are actively Assistance for a period of at least 60 (b) Assist the recipient in the seeking employment by providing the days but not more than 90 days after development of the ISP; social services worker with evidence of you refuse or quit a job. (c) Sign the ISP; job search activities as required in the (d) Help the recipient identify the ISP. § 20.317 How will the ineligibility period be service(s) needed to meet the goals implemented? Tribal Work Experience Program identified in their ISP; (TWEP) (a) If you refuse or quit a job, your (e) Monitor recipient participation in ineligibility period will continue as work related training and other § 20.320 What is TWEP? provided in § 20.316(b) until you seek employment assistance programs; and TWEP is a program that provides and accept appropriate available local (f) Document activities in the case file. work experience and job skills to and seasonal employment and fulfill enhance potential job placement for the your obligations already agreed to in the § 20.319 What responsibilities does the general assistance recipient. TWEP ISP; general assistance recipient have? programs can be incorporated within (b) The Bureau will reduce your In working with the social services Public Law 93–638 self-determination suspension period by 30 days when you worker, you, the recipient, must: contracts, Public Law 102–477 grants, show that you have sought local and (a) Participate with the social services and Public Law 103–413 self- seasonal employment in accordance worker in developing an ISP and sign governance annual funding agreements with the ISP; and the ISP; at the request of the tribe.

VerDate 112000 16:20 Oct 19, 2000 Jkt 194001 PO 00000 Frm 00023 Fmt 4701 Sfmt 4700 E:\FR\FM\20OCR2.SGM pfrm11 PsN: 20OCR2 63166 Federal Register / Vol. 65, No. 204 / Friday, October 20, 2000 / Rules and Regulations

§ 20.321 Does TWEP allow an incentive but is not limited to SSI, veterans’ death who suffer from a burnout, flood, or payment? benefits, social security, and Individual other destruction of their home and loss Yes, incentive payments to Indian Money (IIM) accounts. or damage to personal possessions. The participants are allowed under TWEP. Determination of need will be Bureau will make payments only for (a) Incentive payments are separate. accomplished on a case-by-case basis essential needs and other non-medical The Bureau will not consider incentive using the Bureau payment standard. necessities. payments as wages or work related (c) The Bureau will not approve an expenses, but as grant assistance application unless it meets the criteria § 20.330 What is the payment standard for Emergency Assistance? payments under §§ 20.320 through specified at § 20.300. 20.323. (d) The approved payment will not The approved payment will not (b) The approved payment will not exceed the Bureau maximum burial exceed the Bureau’s maximum exceed the Bureau maximum TWEP payment standard established by the Emergency Assistance payment payment standard established by the Assistant Secretary. standard established by the Assistant Assistant Secretary. § 20.326 Does Burial Assistance cover Secretary. § 20.322 Who can receive a TWEP transportation costs? Adult Care Assistance incentive payment? Transportation costs directly § 20.331 What is Adult Care Assistance? (a) The head of the family unit associated with burials are normally a normally receives the TWEP assistance part of the established burial rate. If a Adult care assistance provides non- payment. provider adds an additional medical care for eligible adult Indians (b) The social services worker can transportation charge to the burial rate who: designate a spouse or other adult in the because of extenuating circumstances, the social services worker can pay the (a) Have needs that require personal assistance group to receive the TWEP care and supervision due to advanced assistance payment. The social services added charge. To do this, the social services worker must ensure and age, infirmity, physical condition, or worker will do this only if: mental impairments; and (1) The recognized head of the family document in the case plan that: (a) The charges are reasonable and unit is certified as unemployable; and (b) Cannot be cared for in their own equitable; home by family members. (2) The designation is consistent with (b) The deceased was an eligible the ISP. indigent Indian who was socially, § 20.332 Who can receive Adult Care (c) Where there are multiple family culturally, and economically affiliated Assistance? units in one household, one member of with his or her tribe; and An adult Indian is eligible to receive each family unit will be eligible to (c) The deceased resided in the receive the TWEP incentive payment. adult care assistance under this part if service area for at least the last 6 he/she: consecutive months of his/her life. § 20.323 Will the local TWEP be required to (a) Is unable to meet his/her basic have written program procedures? Disaster Assistance needs, including non-medical care and/ Yes, the local TWEP must have or protection, with his/her own § 20.327 When can the Bureau provide specific written program procedures resources; and that cover hours of work, acceptable Disaster Assistance? (b) Does not require intermediate or reasons for granting leave from work, Disaster assistance is immediate and/ skilled nursing care. evaluation criteria and monitoring plans or short-term relief from a disaster and and ISP’s for participants. Work can be provided to a tribal community § 20.333 How do I apply for Adult Care readiness progress must be documented in accordance with § 20.328. Assistance? in each ISP. § 20.328 How can a tribe apply for Disaster To apply for adult care assistance, you Burial Assistance Assistance? or someone acting on your behalf must (a) The tribe affected by the disaster submit an application form to the social § 20.324 When can the Bureau provide is considered the applicant and must services worker. Burial Assistance? submit the following to the Regional In the absence of other resources, the Director through the local § 20.334 What happens after I apply? Bureau can provide Burial Assistance Superintendent: (a) The Bureau will determine (1) A tribal resolution requesting for eligible indigent Indians meeting the eligibility based upon the income and disaster assistance; requirements prescribed in § 20.300. available resources of the person named (2) A copy of county, state, or § 20.325 Who can apply for Burial Presidential declaration of disaster; and in the application. Assistance? (3) The projected extent of need in the (b) Upon approval by the social If you are a relative of a deceased service area not covered by other federal services worker, payments will be Indian, you can apply for burial funding sources. approved under purchase of service assistance for the deceased Indian under (b) The Regional Director must agreements for adult care provided in this section. forward the above tribal documents and state or tribally licensed or certified (a) To apply for burial assistance his/her recommendation to the group settings, or by individual service under this section, you must submit the Assistant Secretary for final decision on providers licensed or certified for application to the social services whether disaster assistance will be homemaker service. worker. You must submit this provided and to what extent. application within 30 days following § 220.335 What is the payment standard Emergency Assistance for Adult Care Assistance? death. (b) The Bureau will determine § 20.329 When can the Bureau provide The approved payment for adult care eligibility based on the income and Emergency Assistance payments? assistance will not exceed the resources available to the deceased in Emergency Assistance payments can applicable state payment rate for similar accordance with § 20.100. This includes be provided to individuals or families care.

VerDate 112000 13:29 Oct 19, 2000 Jkt 194001 PO 00000 Frm 00024 Fmt 4701 Sfmt 4700 E:\FR\FM\20OCR2.SGM pfrm04 PsN: 20OCR2 Federal Register / Vol. 65, No. 204 / Friday, October 20, 2000 / Rules and Regulations 63167

Subpart DÐServices to Children, (i) Investigating and reporting on amendments to the plan for approval by Elderly, and Families allegations of child abuse and neglect, the Bureau; abandonment, and conditions that may (iii) Monitoring the implementation of § 20.400 Who should receive Services to require referrals (such as mental or the approved distribution plan to ensure Children, Elderly, and Families? physical handicaps); that the funds are expended in Services to Children, Elderly, and (ii) Providing social information accordance with the distribution plan; Families will be provided for Indians related to the disposition of a case, (iv) Reviewing the supervised account meeting the requirements prescribed in including recommendation of every 6 months or more often as § 20.300 who request these services or alternative resources for treatment; and necessary if conditions have changed to on whose behalf these services are (iii) Providing placement services by warrant a recommendation to change requested. the court order before and after the status of the account holder, or to adjudication. § 20.401 What is included under Services modify the distribution plan; to Children, Elderly, and Families? (4) Coordinating with other (v) Reviewing receipts for an account community services, including groups, holder’s expenses and verifying that Services to Children, Elderly, and agencies, and facilities in the expenditures of funds from a supervised Families include, but are not limited to, community. Coordination can include, IIM account were made in accordance the following: but are not limited to: with the distribution plan approved by (a) Assistance in solving problems (i) Evaluating social conditions that related to family functioning and the Bureau, including any amendments affect community well-being; made to the plan; and interpersonal relationships; (ii) Treating conditions identified (b) Referral to the appropriate (vi) Petitioning a court of competent under paragraph (d)(1) of this section jurisdiction for the appointment of, or resource for problems related to illness, that are within the competence of social physical or mental handicaps, drug change in, a legal guardian for a client, services workers; and where appropriate. abuse, alcoholism, and violation of the (iii) Working with other community law; and agencies to identify and help clients to § 20.404 What information is contained in (c) Protective services. use services available for assistance in a social services assessment? In addition, economic opportunity solving the social problems of A social services assessment must and money management may also be individuals, families, and children. contain, but is not limited to, the provided. (5) Coordinating with law following: § 20.402 When are protective services enforcement and tribal courts, to place (a) Identifying information about the provided? the victim of an alleged and/or client (for example, name, address, age, Protective services are provided when substantiated incident of abuse, neglect gender, social security number, children or adults: or exploitation out of the home to assure telephone number, certificate of Indian (a) Are deprived temporarily or safety while the allegations are being blood, education level), family history permanently of needed supervision by investigated. Social services workers and medical history of the account responsible adults; may remove individuals in life holder; (b) Are neglected, abused or threatening situations. After a social (b) Description of the household exploited; services assessment, the individual composition: information on each (c) Need services when they are must be either returned to the parent(s) member of the household (e.g., name, mentally or physically handicapped or or to the home from which they were age, and gender) and that person’s otherwise disabled; or removed or the social services worker relationship to the client; (d) Are under the supervision of the must initiate other actions as provided (c) The client’s current resources and Bureau in regard to the use and by the tribal code; and future income (e.g., VA benefits, disbursement of funds in the child’s or (6) Providing social services in the retirement pensions, trust assets, adult’s Individual Indian Money (IIM) home, coordinating and making referrals employment income, judgment funds, account. Those IIM accounts that are to other programs/services, including general assistance benefits, established for children will be Child Protection, and/or establishing unemployment benefits, social security supervised by the Bureau until the child Multi-Disciplinary Teams. income, supplemental security income becomes an adult as defined in 25 CFR (b) Must include, where the service and other governmental agency 115. population includes IIM account benefits); holders: (d) A discussion of the circumstances § 20.403 What do protective services (1) Conducting, upon the request of an which justify special services, including include? account holder or other interested party, ability of the client to handle his or her Protective services provided to a a social services assessment to evaluate financial affairs and to conduct day-to- child, family or elderly person will be an adult account holder’s circumstances day living activities. Factors to be documented in the case files and: and abilities and the extent to which the considered should include, but are not (a) Can include, but are not limited to, account holder needs assistance in limited to: any of the following: managing his or her financial affairs; (1) Age; (1) Providing responses to requests and (2) Developmental disability; from members of the community on (2) Managing supervised IIM accounts (3) Chronic alcoholism or substance behalf of children or adults alleged to of children and adults (in conjunction abuse; need protective services; with legal guardians), which includes, (4) Lack of family assistance or social (2) Providing services to children, but is not limited to, the following: support systems, or abandonment; elderly, and families, including referrals (i) Evaluating the needs of the account (5) Self-neglect; for homemaker and day care services for holder; (6) Financial exploitation or abuse; the elderly and children; (ii) Developing, as necessary and as (7) Physical exploitation, neglect or (3) Coordinating with Indian courts to permitted under 25 CFR 115, a one-time abuse; provide services, which may include, or an annual distribution plan for funds (8) Senility; and but are not limited to, the following: held in an IIM account along with any (9) Dementia.

VerDate 112000 13:29 Oct 19, 2000 Jkt 194001 PO 00000 Frm 00025 Fmt 4701 Sfmt 4700 E:\FR\FM\20OCR2.SGM pfrm04 PsN: 20OCR2 63168 Federal Register / Vol. 65, No. 204 / Friday, October 20, 2000 / Rules and Regulations

(e) Documentation supporting the (a) The child must meet the (c) All income accruing to the child, need for assistance (e.g., medical requirements in § 20.300. except income exempted by federal reports, police reports, court orders, (b) The child’s legally responsible statute, must be used to meet the cost of letters from interested parties, prior parent, custodian/guardian, or Indian special needs, foster home or residential assessments or evaluations, diagnosis by court having jurisdiction must: care facility as authorized and arranged psychologist/psychiatrist); and (1) Request assistance under this part by social services. (f) Summary of findings and proposed in writing; services to meet the identified needs of (2) State that they are unable to How Child Assistance Funds Can Be the client. provide necessary care and guidance for Used Subpart EÐChild Assistance the child, or to provide for the child’s § 20.501 What services can be paid for special needs in his/her own home; and with Child Assistance funds? § 20.500 Who is eligible for Child (3) Provide a documented social Assistance? services assessment from the social The social services program can use A child is eligible for Child services worker of whether parent(s), Child Assistance funds to pay for Assistance under this subpart if all of custodian, guardian(s) are able to care services as shown in the following table. the following criteria are met: for their child.

Service that can be paid Conditions that must be met Maximum payment level

(a) Room and board at residential care facilities There must be no other resources available to The state or county residential care rate in the licensed by the tribe or state. pay these costs. See § 20.502 for other state in which the child resides. conditions that must be met.

(b) Adoption or guardianship subsidies ...... There must be no other resources available to The Bureau's maximum adoption and guard- pay for this service. See § 20.503 for other ianship payment standard. conditions that must be met.

(c) Short-term homemaker services ...... There must be no other resources (such as As approved by the Bureau line officer. Medicaid) available to pay for this service. Services can be purchased for a maximum of 3 months. See § 20.504 for other condi- tions that must be met. (d) Temporary foster care ...... See § 20.509 for conditions that must be met The state or county foster care rate in the state in which the child resides.

§ 20.502 Can Child Assistance funds be placement was in the best interest of the § 20.505 What services are provided jointly used to place Indian children in residential child; and with the Child Assistance Program? care facilities? (d) The Bureau Line Officer approves The services listed in this section are You, the social service program, can the subsidy before it is authorized and provided by Services to Children, use Child Assistance funds to purchase Elderly, and Families under this subpart redetermines eligibility on a yearly or contract for room and board in jointly with the Child Assistance basis. licensed residential care facilities. Program. (a) You can use Child Assistance § 20.504 What short-term homemaker (a) Social services provided for funds to pay only for room and board. services can Child Assistance pay for? children in their own home aimed at You must pay for other services that strengthening the family’s ability to may be needed, including mental You, the social services program, can provide for and nurture their child. health, education, and physical therapy use Child Assistance funds to pay for These supportive services can include: from other sources. homemaker services as specified in (1) Social work case management; (b) Before placement the various § 20.501 and this section. While (2) Counseling for parents and funding sources must sign an agreement housekeeping services are covered, children; that specifies the services each source homemaker services must focus on (3) Group work, day care; and will pay. The Bureau Line Officer must training household members in such (4) Homemaker services, when approve this agreement. skills as child care and home necessary. management. Homemaker services are (b) Protection of Indian children from § 20.503 When can Child Assistance funds provided for: abuse, neglect or exploitation in be used for Indian adoption or guardianship coordination with law enforcement and (a) A child who would otherwise need subsidies? courts. You, the social services program, can foster care placement or who would (c) A written case plan must be use Child Assistance funds to provide benefit from supportive (protective) established within 30 days of placement either adoption or guardianship supervision; and reviewed within 60 days of subsidies if all of the following are true: (b) A severely handicapped or special placement or as outlined in tribally (a) The child is 17 or younger; needs child whose care places undue established standards, when temporary (b) The child has been in foster care stress on the family; or placement outside the home is prior to approval of the subsidy; (c) A child whose care would benefit necessary. The case plan must contain (c) The social services worker has a written agreement signed among the from specialized training and considered all other available resources, various funding sources to identify the supportive services provided to family attempted permanency planning, and services that will be paid by each source members. documented in the case file that in those instances where the child

VerDate 112000 16:20 Oct 19, 2000 Jkt 194001 PO 00000 Frm 00026 Fmt 4701 Sfmt 4700 E:\FR\FM\20OCR2.SGM pfrm11 PsN: 20OCR2 Federal Register / Vol. 65, No. 204 / Friday, October 20, 2000 / Rules and Regulations 63169 requires services outside the authority (b) If the child is placed with relatives must be given to the appropriate social of the Child Assistance program. in an adoption and guardian placement, services agency. While the court can the case file must contain an approved issue any court order consistent with Foster Care current home study. tribal law, the courts do not have the § 20.506 What information is required in (c) An off-reservation foster home, or authority to require expenditure of the foster care case file? residential care facility under contract federal funds to pay for specifically At a minimum the following must meet the licensing standards of the prescribed or restrictive services or out- information is required: state in which it is located or tribally of-home placements of children. Case (a) Tribal enrollment verification in established certifying/licensing plans must be reviewed with the accordance with § 20.100; standards. appropriate court at least every 6 (b) A written case plan (established months and a permanency hearing held § 20.508 What must the social services within 30 days of placement), which within 12 months after a child enters would include a permanency plan agency do when a child is placed in foster care, residential care or guardianship foster care or residential care, or detailing the need for and expected home? according to established tribal length of placement; The social services agency must make standards. These standards can be (c) Information on each child’s health established in the tribal code and can be status and school records, including efforts to secure child support for the child in foster care or residential care in accordance with available funding medications and immunization records; source requirements. (d) Parental consent(s) for emergency through a court of competent medical care, school, and jurisdiction. § 20.511 Should permanency plans be developed? transportation; § 20.509 What must the social services (e) A signed plan for payment, worker do when a child is placed in foster Permanency planning must be including financial responsibility of care or residential care facility? parents and use of other appropriate developed for all child placements When a child is placed in foster care within 6 months after initial placement resources; or a residential care facility the social (f) A copy of the certification/license of the child. Every reasonable effort will services worker must do all of the of the foster home; be made to preserve the family and/or (g) A current photo of each child; following: reunify the children with the family and (h) A copy of the social security card, (a) Discuss with foster parents or relatives when developing permanency birth certificate, Medicaid card and caretakers, the child’s special needs, plans. However, the child’s health and current court order; including disabilities; safety are the paramount concern. (i) For a placement beyond 30 days, (b) Provide counseling or referral to copy of the action taken or authorized available resources; § 20.512 Can the Bureau/tribal contractors make Indian adoptive placements? by a court of competent jurisdiction that (c) Refer any child requiring medical, documents the need for protection of substance abuse, or behavioral (mental) The Bureau is not an authorized the child; health services to an appropriate health adoption agency and staff must not (j) For an involuntary placement, a services to be assessed and to receive arrange adoptive placements. However, social services assessment completed by services; long-term permanency planning can (d) Ensure that the case plan provides a social services worker within 30 days involve the Bureau social services for all necessary costs of care (including of placement; workers cooperating with tribal courts clothing, incidentals, and personal (k) Documentation of a minimum of to provide an adoption subsidy. Tribal allowance) in accordance with one visit to the placement setting per contractors will provide adoption established state standards of payments; month by the social services worker services as authorized by the tribal (e) Develop a foster family agreement with each child; and courts in accordance with tribal codes/ signed and dated by the parties involved (l) A list of all prior placements, law. including the names of the foster that specifies the roles and parents and dates of placements. responsibilities of the biological parents, § 20.513 Should Interstate Compacts be foster parents, and placing agency; the used for the placement of children? § 20.507 What requirements must foster terms of payment of care; and the need care providers meet? for adherence to the established case Interstate compact agreements should If a child needs foster care, the social plan; be used when appropriate for foster services worker must select care that (f) Immediately report any care, adoption and guardianship to meets the physical, behavioral, and occurrences of suspected child abuse or protect the best interests of the child emotional needs of the child. Foster care neglect in a foster home or residential and to assure the availability of the is intended to be short-term. The case care facility to law enforcement and funding resources and services from the plan must show that all of the protective services in accordance with originating placement source. requirements in paragraphs (a) through tribal standards and reporting § 20.514 What assistance can the courts (c) of this section are met: requirements under Public Law 101– request from social services on behalf of (a) All foster homes must be certified 630; and children? or licensed by the tribe or other (g) Complete a yearly assessment of appropriate authority. Foster care each tribal or state licensed foster home The courts can request the following: placements beyond 30 days must be or residential care facility evaluating (a) Investigations of law enforcement made through a court of competent how the home has fulfilled its function reports of child abuse and neglect; jurisdiction to ensure that: relative to the needs of the child placed (b) Assessment of the need for out-of- (1) Federal background checks are in the home. completed prior to placement as home placement of the child; and required by Public Law 101–630; and § 20.510 How is the court involved in child (c) Provision of court-related services (2) Training (optional for placements placements? following adjudication, such as with relatives) is provided to the foster The court retains custody of a child in monitoring, foster care, or residential family. placement and the care and supervision care, or pre/post placement services.

VerDate 112000 13:29 Oct 19, 2000 Jkt 194001 PO 00000 Frm 00027 Fmt 4701 Sfmt 4700 E:\FR\FM\20OCR2.SGM pfrm04 PsN: 20OCR2 63170 Federal Register / Vol. 65, No. 204 / Friday, October 20, 2000 / Rules and Regulations

§ 20.515 What is required for case eligibility and need. If it is necessary to (f) Be delivered to the applicant 20 management? secure information such as medical days in advance of the effective date of Social services workers must records from other sources, you must the action. document regular contact with children authorize the release of information. and families in accordance with specific § 20.605 What happens when an applicant (b) You must immediately report to or recipient appeals a decision under this program requirements. The social your social services worker any changes subpart? services agency is responsible for in circumstances that may affect your If you are an applicant or recipient implementation of quality case eligibility or the amount of financial and appeal a decision made under management; this requires the assistance that you receive. supervisor’s review of case plans every § 20.604, you can continue to receive 90 days. § 20.603 How is an application approved your assistance while your appeal is or denied? pending. For this to happen, you must § 20.516 How are child abuse, neglect or (a) Each application must be approved submit your appeal by the deadline in exploitation cases to be handled? if the applicant meets the eligibility § 20.604(e). Reported child abuse, neglect or criteria in this part for the type of § 20.606 How is an incorrect payment exploitation cases and the requirement assistance requested. Financial adjusted or recovered? for background clearances will be assistance will be made retroactive to handled in accordance with the Indian (a) When an incorrect payment of the application date. financial assistance has been made to an Child Protection and Family Violence (b) An application must be denied if Prevention Act of 1990, Public Law individual or family, a proper the applicant does not meet the adjustment or recovery is required. 101–630, 25 CFR part 63, federal and/ eligibility criteria in §§ 20.300 through or state laws where applicable, and (b) The proper adjustment or recovery 20.516. is based upon individual need as tribal codes which protect Indian (c) The Superintendent must approve children and victims of domestic appropriate to the circumstances that or deny an application within 30 days resulted in an incorrect payment. violence. This includes developing and of the application date. The local social maintaining Child Protection Teams in (c) Before adjustment or recovery, the services worker must issue written recipient will be notified of the proposal accordance to Public Law 101–630 and notice of the approval or denial of each collection of child abuse, neglect and to correct the payment and given an application within 45 days of the informal opportunity to resolve the exploitation data according to Public application date. Law 99–570. Those cases referred by the matter. (d) If for a good reason the (d) If an informal resolution cannot be state will be handled according to the Superintendent cannot meet the attained, the recipient must be given a Indian Child Welfare Act, Public Law deadline in paragraph (c) of this section, written notice of decision and the 95–608, and 25 CFR part 23. he or she must notify the applicant in procedures of § 20.604 will apply. Subpart FÐAdministrative Procedures writing of: (e) If a hearing is requested, the (1) The reasons why the decision hearing will be conducted in accordance § 20.600 Who can apply for financial cannot be made; and with the procedures under §§ 20.700 assistance or social services? (2) The deadline by which the through 20.705. (a) You can apply for financial Superintendent will send the applicant assistance or social services under this § 20.607 What happens when applicants or a decision. recipients knowingly and willfully provide part if you: false or fraudulent information? (1) Believe that you are eligible to § 20.604 How is an applicant or recipient receive benefits; or notified that benefits or services are denied Applicants or recipients who (2) Are applying on behalf of someone or changed? knowingly and willfully provide false or who you believe is eligible to receive If the Bureau increases, decreases, fraudulent information are subject to benefits. suspends, or terminates financial prosecution under 18 U.S.C. § 1001, (b) Under paragraph (a) of this assistance, the social services worker which carries a fine of not more than section, any of the following may apply must mail or hand deliver to the $10,000 or imprisonment for not more for benefits on behalf of another person: applicant or recipient a written notice of than 5 years, or both. The social services relatives, interested individuals, social the action. The notice must: worker will prepare a written report services agencies, law enforcement (a) State the action taken, the effective detailing the information considered to agencies, courts, or other persons or date, and the reason(s) for the decision; be false and submit the report to the agencies. (b) Inform the applicant or recipient Superintendent or his/her designated of the right to request a hearing if representative for appropriate § 20.601 How can applications be investigative action. submitted? dissatisfied with the decision; (c) Advise the applicant or recipient Subpart GÐHearings and Appeals You can apply for financial assistance of the right to be represented by an or social services under this part by: authorized representative at no expense § 20.700 Can an applicant or recipient (a) Completing an application that to the Bureau; appeal the decision of a Bureau official? you can get from your social services worker or tribe; or (d) Include the address of the local Yes, if you are an applicant or (b) Through an interview with a social Superintendent or his/her designated recipient, and are dissatisfied with a services worker who will complete an representative to whom the request for Bureau decision made under this part, application for you based on the oral a hearing must be submitted; you can request a hearing before the interview. (e) Advise the applicant or recipient Superintendent or his/her designated that failure to request a hearing within representative. You must submit your § 20.602 How does the Bureau verify 20 days of the date of the notice will request by the deadline in § 20.604. The eligibility for social services? cause the decision to become final and Superintendent or his/her designated (a) You, the applicant, are the primary not subject to appeal under 25 CFR part representative can extend the deadline source of information used to determine 2; and if you show good cause.

VerDate 112000 16:20 Oct 19, 2000 Jkt 194001 PO 00000 Frm 00028 Fmt 4701 Sfmt 4700 E:\FR\FM\20OCR2.SGM pfrm11 PsN: 20OCR2 Federal Register / Vol. 65, No. 204 / Friday, October 20, 2000 / Rules and Regulations 63171

§ 20.701 Does an applicant or recipient (c) The applicant’s or recipient’s right written decision within 10 days of the receive financial assistance while an appeal to be heard in person, or to be completion of the hearing. The written is pending? represented by an authorized decision must include: Yes, if you appeal under this subpart, representative at no expense to the (1) A written statement covering the financial assistance will be continued or Bureau; evidence relied upon and reasons for (d) The applicant or recipient’s right reinstated to insure there is no break in the decision; and financial assistance until the to present both oral and written Superintendent or his/her designated evidence during the hearing; (2) The applicant’s or recipient’s right representative makes a decision. The (e) The applicant’s or recipient’s right to appeal the Superintendent or his/her Superintendent or his/her designated to confront and cross-examine witnesses designated representative’s decision representative can adjust payments or at the hearing; pursuant to 25 CFR part 2 and request recover overpayments to conform with (f) The applicant’s or recipient’s right Bureau assistance in preparation of the his/her decision. of one continuance of not more than 10 appeal. days with respect to the date of hearing; § 20.702 When is an appeal hearing and § 20.705 Can an applicant or recipient scheduled? (g) The applicant’s or recipient’s right appeal a tribal decision? The Superintendent or his/her to examine and copy, at a reasonable Yes, the applicant or recipient must designated representative must set a time before the hearing, his/her case pursue the appeal process applicable to date for the hearing within 10 days of record as it relates to the proposed the Public Law 93–638 contract, Public the date of request for a hearing and give action being contested. Law 102–477 grant, or Public Law 103– written notice to the applicant or § 20.704 Who conducts the hearing or 413 self-governance annual funding recipient. appeal of a Bureau decision or action and agreement. If no appeal process exists, what is the process? then the applicant or recipient must § 20.703 What must the written notice of hearing include? (a) The Superintendent or his/her pursue the appeal through the designated representative conducts the appropriate tribal forum. The written notice of hearing must hearing in an informal but orderly Dated: October 12, 2000. include: manner, records the hearing, and Kevin Gover, (a) The date, time and location of the provides the applicant or recipient with hearing; a transcript of the hearing upon request. Assistant Secretary—Indian Affairs. (b) A statement of the facts and issues (b) The Superintendent or his/her [FR Doc. 00–26703 Filed 10–19–00; 8:45 am] giving rise to the appeal; designated representative must render a BILLING CODE 4310±02±P

VerDate 112000 13:29 Oct 19, 2000 Jkt 194001 PO 00000 Frm 00029 Fmt 4701 Sfmt 4700 E:\FR\FM\20OCR2.SGM pfrm04 PsN: 20OCR2 Friday, October 20, 2000

Part IV

Environmental Protection Agency Triphenyltin Hydroxide; Proposed Determination To Terminate Special Review; Notice

VerDate 112000 13:31 Oct 19, 2000 Jkt 194001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\20OCN2.SGM pfrm04 PsN: 20OCN2 63174 Federal Register / Vol. 65, No. 204 / Friday, October 20, 2000 / Notices

ENVIRONMENTAL PROTECTION SUPPLEMENTARY INFORMATION: 3. By mail. You may request copies of this document and supporting AGENCY I. General Information documents by writing to: Public [OPP±30000/42A; FRL±6496±3] A. Does This Action Apply to Me? Information and Records Integrity Triphenyltin Hydroxide; Proposed You may be affected by this action if Branch, Information Resources and Determination To Terminate Special you are a pesticide registrant with Services Division (7502C), Office of Review registered products which contain Pesticide Programs, Environmental triphenyltin hydroxide as an active Protection Agency, 1200 Pennsylvania AGENCY: Environmental Protection ingredient, or if you are an agricultural Ave., NW., Washington, DC 20460. Be Agency (EPA). sure to include docket control number producer or a mixer, loader or [OPP–30000/42A] in your request. ACTION: Proposed Determination to applicator using products containing Terminate Special Review. triphenyltin hydroxide as an active C. How and to Whom Do I Submit SUMMARY: This Notice sets forth EPA’s ingredient. Since other entities may also Comments? preliminary determination regarding the be interested, the Agency has not You may submit comments through continued registration of pesticide attempted to describe all the specific the mail, in person, or electronically. To products containing triphenyltin entities that may be affected by this ensure proper receipt by EPA, it is hydroxide (TPTH) and sets forth the action. If you have any questions imperative that you identify docket Agency’s assessment of the risks and regarding the applicability of this action control number OPP–30000/42A in the benefits associated with pesticidal uses to a particular entity, consult the person subject line on the first page of your of TPTH. On January 9, 1985, the listed under FOR FURTHER INFORMATION response. Agency issued a Notice of Special CONTACT. 1. By mail. Submit your comments in Review of pesticide products containing B. How Can I Get Additional triplicate to: Public Information and triphenyltin hydroxide based on Information, Including Copies of Records Integrity Branch (PIRIB), developmental toxicity (teratogenicity) Support Documents Information Resources and Services concerns (50 FR 1107). Although not a Division (7502C), Office of Pesticide 1. Electronically. You may obtain subject of the Special Review, the Programs (OPP), Environmental electronic copies of this document, and Agency also cited concerns for Protection Agency, 1200 Pennsylvania certain other related documents that reproductive toxicity, carcinogenicity, Ave., NW., Washington, DC 20460. might be available electronically, from immunotoxicity, inhalation toxicity and 2. In person or by courier. Deliver the EPA Internet Home Page at http:// adverse effects to non-target organisms your comments to: Public Information www.epa.gov/. To access this in the Position Document 1. Due to and Records Integrity Branch (PIRIB), document, on the Home Page select voluntary actions by the registrants that Information Resources and Services ‘‘Laws and Regulations,’’ ‘‘Regulations have reduced worker exposure to TPTH, Division (7502C), Office of Pesticide and Proposed Rules,’’ and then look up as well as additional data that refine the Programs (OPP), Environmental the entry for this document under the risk assessment, EPA has determined Protection Agency, Rm. 119, Crystal ‘‘Federal Register—Environmental that the risks of using TPTH are Mall #2, 1921 Jefferson Davis Hwy., Documents.’’ You can also go directly to substantially lower than when the Arlington, VA. The PIRIB is open from the Federal Register listings at http:// Special Review was initiated in 1985. 8:30 a.m. to 4 p.m., Monday through www.epa.gov/fedrgstr/. This Notice proposes to terminate the Friday, excluding legal holidays. The 2. In person. The Agency has triphenyltin hydroxide Special Review PIRIB telephone number is (703) 305– established an official record for this based on the Agency’s determination 5805. action under docket control number that the benefits of TPTH use outweigh 3. Electronically. You may submit OPP–30000/42A. The official record the risks. your comments electronically by e-mail consists of the documents specifically to: ‘‘[email protected],’’ or you can DATES: Comments, data and information referenced in this action, any public submit a computer disk as described relevant to the Agency’s proposed comments received during an applicable above. Do not submit any information decision, identified by the docket comment period, and other information electronically that you consider to be control number [OPP–30000/42A], must related to this action, including any CBI. Avoid the use of special characters be received on or before November 20, information claimed as Confidential and any form of encryption. Electronic 2000. Business Information (CBI). This official submissions will be accepted in ADDRESSES: Comments may be record includes the documents that are WordPerfect 6.1/8.0 or ASCII file submitted by mail, electronically, or in physically located in the docket, as well format. All comments in electronic form person. Please follow the detailed as the documents that are referenced in must be identified by docket control instructions for each method as those documents. The public version of number OPP–30000/42A. Electronic provided in Unit I. of the the official record does not include any comments may also be filed online at SUPPLEMENTARY INFORMATION. To ensure information claimed as CBI. The public many Federal Depository Libraries. proper receipt by EPA, it is imperative version of the official record, which that you identify docket control number includes printed, paper versions of any D. How Should I Handle CBI That I OPP–30000/42A in the subject line on electronic comments submitted during Want to Submit to the Agency? the first page of your response. an applicable comment period, is Do not submit any information FOR FURTHER INFORMATION CONTACT: Phil available for inspection in the Public electronically that you consider to be Budig, Special Review and Information and Records Integrity CBI. You may claim information that Reregistration Division (7508C), Office Branch (PIRIB), Rm. 119, Crystal Mall you submit in response to this of Pesticide Programs, Environmental #2, 1921 Jefferson Davis Hwy., document as confidential by marking Protection Agency, 1200 Pennsylvania Arlington, VA, from 8:30 a.m. to 4 p.m., any part or all of that information as Ave., NW., Washington, DC 20460. Monday through Friday, excluding legal CBI. Information so marked will not be Telephone (703) 308–8029; e-mail holidays. The PIRIB telephone number disclosed except in accordance with address: [email protected]. is (703) 305–5805. procedures set forth in 40 CFR part 2.

VerDate 112000 16:40 Oct 19, 2000 Jkt 194001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4703 E:\FR\FM\20OCN2.SGM pfrm01 PsN: 20OCN2 Federal Register / Vol. 65, No. 204 / Friday, October 20, 2000 / Notices 63175

A copy of the comment that does not for and familiar with pesticide use, or the pesticide is used in compliance with contain CBI must be submitted for persons under their direct supervision, the terms and conditions of registration inclusion in the public version of the can use products containing TPTH. and in accordance with commonly official record. Information not marked A Special Review was initiated in recognized practices. confidential will be included in the 1985 to address the use of triphenyltin The burden of proving that a pesticide public version of the official record hydroxide and examine the satisfies the statutory standard is on the without prior notice. developmental toxicity risk to mixers, proponents of registration and continues loaders and applicators. Since the time as long as the registration remains in E. What Should I Consider as I Prepare the Special Review was initiated, the effect. Under FIFRA section 6, the My Comments for EPA? Agency has identified carcinogenicity as Administrator may cancel the You may find the following an endpoint of concern and the registration of a pesticide or require suggestions helpful for preparing your registrant has voluntarily taken actions modification of the terms and comments: that have reduced worker exposure to conditions of a registration if (s)he • Explain your views as clearly as TPTH. These actions include deletion of determines that the pesticide product possible. certain uses, closed mixing/loading causes unreasonable adverse effects to • Describe any assumptions you used. systems for aerial applications, addition man or the environment. EPA created • Provide copies of technical of protective clothing requirements to the Special Review process to facilitate information or data that support your labels, adoption of mechanical transfer the identification of pesticide uses that views. systems for all liquid formulations, may not satisfy the statutory standard • If you estimate potential burden or packaging of the wettable powder for registration and to provide a public costs, explain how you arrived at the formulation in water soluble packets, procedure to gather and evaluate estimate you provide. and reduced maximum seasonal information about the risks and benefits • Provide specific examples to application rates. In addition, the of these uses. illustrate your concerns. registrant submitted additional data, A Special Review may be initiated if • Offer alternative ways to improve including a dermal developmental a pesticide meets or exceeds the risk the Agency’s proposed action. toxicity study and an occupational criteria set out in the regulations at 40 • Make sure to submit your exposure monitoring study for pecan CFR part 154. EPA announces that a comments by the deadline in this mixer/loaders and pecan harvesters, to Special Review is initiated by notice. refine the exposure estimates for this publishing a notice, Position Document • To ensure proper receipt by EPA, be site. 1 (PD 1), in the Federal Register. After sure to identify the docket control EPA has refined its risk assessments a PD 1 is issued, registrants and other number assigned to this action in the for both developmental and cancer interested persons are invited to review subject line on the first page of your concerns, and completed its risk/benefit the data upon which the review is based response. You may also provide the analysis of TPTH. Taking into account and to submit data and information to name, date, and Federal Register all of the worker mitigation measures rebut EPA’s conclusions by showing citation. that have been adopted since the that EPA’s initial determination was in initiation of the special review, the error, or by showing that use of the II. Introduction Agency has determined that the risks of pesticide is not likely to result in Triphenyltin hydroxide is most using TPTH are no longer unreasonable. unreasonable adverse effects on human commonly sold under the trade names Consistent with this finding, the Agency health or the environment. In addition    Super Tin , Pro-Tex , Photon , and published its Reregistration Eligibility to submitting rebuttal evidence, those Brestan H. TPTH is formulated both as Decision (RED) for TPTH in the Federal interested may submit relevant a wettable powder in a water-soluble Register of December 1, 1999 (64 FR information to aid in the determination pack and as a flowable concentrate 67265) (FRL–6395–3) [Ref. 2], finding of whether the economic, social and requiring a mechanical transfer (ground all uses of registered products eligible environmental benefits of the use of the equipment applications) or closed for reregistration. As the benefits from pesticide outweigh the risks. After system (aerial and chemigation continued use of TPTH outweigh the reviewing the comments received and applications) for mixing and loading. risks, the Agency is proposing to other relevant materials obtained during Triphenyltin hydroxide was first terminate the Special Review. the Special Review process, EPA makes registered as a fungicide under the a decision on the future status of A. Legal Background Federal Insecticide, Fungicide, and registrations of the pesticide. Rodenticide Act (FIFRA) in 1971 and is In order to obtain a registration for a The Special Review process may be a non-systemic protectant foliar pesticide under FIFRA, an applicant concluded in various ways depending fungicide currently registered for use on must demonstrate that the pesticide upon the outcome of EPA’s risk/benefit pecans, potatoes and sugarbeets. The satisfies the statutory standard for assessment. If EPA concludes that all of fungicide was formerly registered for registration. The standard requires, its risk concerns have been adequately use on carrots, peanuts and tobacco. among other things, that the pesticide rebutted, the pesticide registration will These uses were subsequently canceled will not cause ‘‘unreasonable adverse be maintained unchanged. If, however, and the appropriate tolerances were effects on the environment’’ [FIFRA all risk concerns are not rebutted, EPA revoked. In addition to fungus control, section 3(c)(5)]. The term ‘‘unreasonable will proceed to a full risk/benefit TPTH is also registered as a suppressant adverse effects on the environment’’ assessment for non-dietary risks. In of Colorado potato beetle populations means ‘‘any unreasonable risk to man or determining whether the use of a on potatoes. the environment, taking into account pesticide poses risks that are greater Triphenyltin hydroxide is classified the economic, social, and environmental than the benefits, EPA considers by EPA as a Restricted Use pesticide costs and benefits of the use of any possible changes to the terms and [Ref. 1] due to acute and developmental pesticide’’ [FIFRA section 2(bb)]. This conditions of registration that can toxicity concerns. Under section 3(d) of standard requires a finding that the reduce risks to the level where the FIFRA this means, among other things, benefits of each use of the pesticide benefits outweigh the risks, and it may that only certified applicators trained outweigh the risks of such use, when require that such changes be made in

VerDate 112000 13:31 Oct 19, 2000 Jkt 194001 PO 00000 Frm 00003 Fmt 4701 Sfmt 4703 E:\FR\FM\20OCN2.SGM pfrm04 PsN: 20OCN2 63176 Federal Register / Vol. 65, No. 204 / Friday, October 20, 2000 / Notices the terms and conditions of the of a Special Review by EPA. The PD 1 III. Summary of Toxicological Concerns registration. Alternatively, EPA may also noted EPA concerns for The Special Review of TPTH was determine that no changes in the terms reproductive toxicity, carcinogenicity, initiated in 1985 because of data and conditions of a registration will immunotoxicity, inhalation toxicity and indicating that TPTH produces adequately assure that use of the adverse effects to non-target organisms, developmental toxicity effects in pesticide will not cause any however, these were not cited as laboratory animals and concerns about unreasonable adverse effects. If EPA grounds for initiating Special Review. the adequacy of the carcinogenicity makes such a determination, it may seek Since initiating the TPTH Special assessment. The Agency’s Registration cancellation, suspension, or change in Review the Agency completed the TPTH Standard required additional testing to classification of the pesticide’s Reregistration Eligibility Decision (RED) verify the potential for TPTH to induce registration. This determination would in November 1999. Although not developmental and carcinogenic effects be set forth in a Notice of Final triggers for Special Review, the TPTH [Ref. 1]. This section summarizes the Determination issued in accordance Agency’s current assessment of with 40 CFR 154.33. RED assessed dietary and ecological Issuance of this Notice means that the risk, along with occupational risk. The developmental and carcinogenic issues. Agency has assessed the potential Agency did not identify any dietary [For a fuller treatment of the toxicity adverse effects associated with the uses risks of concern at the time of the PD 1. endpoints see Refs. 2 and 3]. of triphenyltin hydroxide and has However, the TPTH RED assessed A. Developmental Effects preliminarily determined that the dietary risks on the basis of more recent Studies submitted in response to the benefits override the risks. data under the Food Quality Protection Act of 1996. While the Agency found Registration Standard, including studies B. Regulatory Background that dietary risks from food in rabbits [Ref. 4], rats [Refs. 5, 6, 7, 8, The Registration Standard for TPTH consumption were acceptable, it could and 9] and hamsters [Ref. 10], were was published in September 1984 [Ref. not rule out the potential for dietary risk reviewed and determined to be 1]. The Standard established the through drinking water exposures from acceptable for evaluating the potential restricted use classification based on surface water sources. This potential for assessing maternal and concerns of acute and developmental risk was addressed through buffer zones developmental effects in these three toxicity; announced EPA’s intent to from water bodies to prevent TPTH run- species [Ref. 3]. In a document dated initiate a Special Review based on off into surface water. With these January 9, 1991, the Peer Review developmental toxicity risks to workers; mitigation measures in place, the Committee for Reproductive and imposed label warnings regarding Agency has determined that there is a Developmental Toxicity concluded that developmental toxicity and potential reasonable certainty of no harm from these studies establish no-observed- adverse ecological effects; established a TPTH use on sugarbeets, potatoes, and adverse-effect level (NOAEL) and 24-hour reentry period; and required pecans [Ref. 2]. The Agency also noted lowest-observed-adverse-effect levels submission of product chemistry, in the PD 1 that TPTH is highly toxic (LOAELs) for maternal and toxicology, residue chemistry, to aquatic invertebrates, warmwater fish developmental effects in all three environmental fate, and ecological and estuarine/marine organisms, and species, with the rabbit being the most effects data. moderately to highly toxic to avian sensitive [Ref. 11]. The lowest NOAEL for developmental On October 23, 1984, EPA issued a species. While insufficient data on these toxicity in rabbits was established at 0.3 letter notifying the TPTH registrants that effects were available to trigger a special mg/kg/day based on decreased pup the Agency was concerned about review, the Registration Standard weight and the presence of unossified developmental effects from TPTH and required additional studies to clarify the hyoid in the rabbit fetuses at the LOAEL was considering placing the fungicide environmental fate and potential into Special Review. On January 9, of 0.9 mg/kg/day [Ref. 7]. The lowest ecological effects of TPTH. These 1985, the EPA issued a notice to initiate maternal toxicity NOAEL was 0.1 mg/ studies were reviewed as part of the a Special Review based on potential kg/day based on decreased maternal RED. As a result of this review, the developmental toxicity risks to mixers, body weight gain in rabbits at the registrants amended their labels to loaders and applicators for registrations LOAEL of 0.3 mg/kg/day. It was noted of products containing TPTH (50 FR mitigate risks to non-target organisms that 2 mg/kg/day could not be tolerated 1107). This document, also referred to through reductions in the maximum in the rabbit since there were compound as Position Document 1 or PD 1, seasonal use of TPTH on pecans, related resorptions to preclude fetal detailed the basis for the Agency’s sugarbeets, and potatoes, as well as examinations. decision to initiate a Special Review. through a 100 foot buffer from water Several rat studies were performed The Agency determined that all uses bodies for ground applications of TPTH, and reviewed, and some of these would be the subject of the Special and a 300-foot buffer from water bodies included postnatal development phases. Review for TPTH. The Agency had for aerial applications of TPTH [Ref. 2]. The rat was less sensitive than the rabbit reviewed data concerning the potential This document focuses on reproductive with a NOAEL of 1 mg/kg/day for adverse effects associated with uses of and cancer risk to workers, as maternal toxicity (decreased body TPTH that indicated that TPTH occupational risks triggered the weight gain) occurring at 2.8 mg/kg/day. produces developmental toxicity effects initiation of the TPTH Special Review The developmental NOAEL in rats was in laboratory animals and had in 1985. inconsistent among the several studies determined that pesticide products C. Summary of EPA’s Proposed Action being either 1.0 or 2.8 mg/kg/day with containing TPTH met or exceeded the a LOAEL of either 2.8 or 8 mg/kg/day risk criterion that, under regulations EPA has determined that the benefits since not all of the same effects in the then in effect, would require EPA to associated with the continued use of developing fetuses were seen in each initiate a Special Review (40 CFR TPTH under the current terms of study. At higher doses there was 162.11(a)(3)(ii)(B) (1975)). Current TPTH’s registration outweigh the risks. deceased fetal weight and increased regulations in 40 CFR 154.7(a)(2) (1985), Thus, EPA is proposing to terminate the resorptions and fewer pups. The new rat set forth a similar criterion for initiation Special Review of TPTH. developmental toxicity studies did not

VerDate 112000 13:31 Oct 19, 2000 Jkt 194001 PO 00000 Frm 00004 Fmt 4701 Sfmt 4703 E:\FR\FM\20OCN2.SGM pfrm04 PsN: 20OCN2 Federal Register / Vol. 65, No. 204 / Friday, October 20, 2000 / Notices 63177

-1 show consistency in induction of conclusions were based on the fatal. Thus a Q1* of 2.8 (mg/kg/day) hydrocephaly and hydroureter or following: the significant increase in was determined using the multistage skeletal effects. Hamsters were still less fatal pituitary gland adenomas in female Weibull (time to tumor) model because sensitive than the rabbit and rat with a rats and Leydig cell tumors in male rats; this model is considered the most NOAEL of 5.08 and 12 mg/kg/day for and, the significantly increased appropriate when there is a significant both maternal and developmental incidence of hepatocellular adenomas differential in mortality. In the original toxicity, with maternal body weight and combined adenomas and/or Q1*, a 2/3 scaling factor was used to being affected at the LOAEL. Decreased carcinomas in male and female mice, a extrapolate from animals to humans. fetal weight and viable fetuses and an significantly increasing dose-related The unit risk value was subsequently -1 increase in minor skeletal effects were trend for the incidence of hepatocellular revised to a Q1* of 1.83 (mg/kg/day) to noted in offspring. carcinomas in female mice. Other reflect current Agency policy of a 3/4 Subsequent to the 1991 peer review factors considered by the Peer Review interspecies scaling factor. meeting, the Agency requested a Committee included: the uncommon 3. Mutagenicity. TPTH is not developmental toxicity study by the spontaneous occurrence of considered to have a mutagenicity/ dermal route in rabbits since hepatocellular carcinomas in female genetic toxicity concern. Most studies extrapolation of the rabbit oral toxicity mice; an increase in tumor incidences at are negative for mutagenic/genetic study resulted in unacceptable margins relatively low dose levels of TPTH; and toxicity effects. Although there were of exposure. The dermal developmental evidence for immunotoxicity of the some apparent positive responses, other toxicity study [Ref. 12] established a chemical [Ref. 15]. tests, particularly in vivo, conducted to 2. Potency factor (Q *). The CPRC NOAEL of 3.0 mg/kg/day for both 1 verify the significance of the apparent revisited TPTH on March 18, 1992, to maternal and developmental toxicity studies in vitro were negative [Refs. 2 reconsider the basis for quantification of since there were no effects at this level, and 17]. which was the highest dose level tested. the cancer unit risk values of TPTH [Ref. 16]. This latter CPRC meeting was C. Immunotoxicity B. Carcinogenicity conducted to address the conclusion of In the PD 1, the Agency indicated the September 18, 1991, FIFRA Science TPTH belongs to a class of chemicals some concern about the carcinogenic Advisory Panel (SAP) meeting that the (organotins) known to be immunotoxic. effects of TPTH and did not consider the pituitary tumor data were equivocal, The primary treatment related effects existing data base adequate for due to the high spontaneous incidence via oral exposures are immunotoxicity carcinogenicity assessment. The of these tumors in the female rat. The as indicated by decreases in registrant subsequently submitted SAP also commented that the cancer lymphocytes and immunoglobulins in replacement rat [Ref. 13] and mouse dose-response quantification for rats and mice, following both sub- [Ref. 14] studies. pituitary tumors should consider chronic and chronic exposures. To 1. Classification of carcinogenic differences in mortality. better characterize potential potential. The Carcinogenicity Peer On March 18, 1992, CPRC members immunotoxic effects, the Agency has Review Committee (CPRC) met on agreed to support their previous called in a special developmental November 29, 1989, to conduct a conclusion that TPTH should be immunotoxicity study as part of its weight-of-the-evidence review of the classified as a B2 carcinogen with the reregistration eligibility decision. data, including the replacement rat and Q1* based on fatal pituitary gland D. Summary of Endpoints mouse carcinogenicity studies and adenomas [Ref. 16]. The Committee’s mutagenicity data. The CPRC concluded decision was supported by the The endpoints used in assessing the that TPTH was a B2 carcinogen with a conclusion that the pituitary gland occupational risks for TPTH are -1 Q1* of 2.8 (mg/kg/day) [Ref. 15]. These tumors had an early onset and were presented in Table 1 [Ref. 18].

TABLE 1.Ð ENDPOINTS FOR ASSESSING OCCUPATIONAL RISKS FOR TPTH

Exposure Exposure Du- Dose (mg/kg/ Uncertainty Routes ration day) Effect Study Factor Comment

Dermal ...... Short-term (1± NOAEL 3.0 No effect ob- Dermal develop- 100 Route-specific study; MOE based on 7 days) served at the mental toxicity UF for inter-species (10x) extrapo- highest dose (rabbit) lation and intra-species variability tested (10x)

Dermal ...... Intermediate- NOAEL 3.0 No effect ob- Dermal develop- 100 Route-specific study; MOE based on term (1 served at the mental toxicity UF for inter-species (10x) extrapo- week to sev- highest dose (rabbit) lation and intra-species variability eral mos) tested (10x)

Inhalation .... Any time pe- NOAEL 0.092a Death following Subchronic inha- 100 Route-specific study; MOE based on riod lung lesions lation study UF for inter-species (10x) extrapo- (rat) lation, intra-species variability (10x)

Dermal & In- Cancer Risk Oral Q1* 1.83 Probable human Oral cancer rat NA A dermal absorption of 10% should be halation. mg/kg/day-1 carcinogen and mouse used. Based on comparison between studies show- rabbit oral and dermal studies. Inhala- ing pituitary, tion absorption assumed to be 100%. testicular, and liver tumors. a Inhalation dose in mg/L was converted to mg/kg/day using the following equation: Dose (mg/kg/day) = (NOAEL (0.00034 mg/L)* Respiration rate of a young adult Wistar rat (8.46 L/hr) * Study daily exposure duration (6 hr/day)) / Body weight of a young adult Wistar rat (0.187 kg)

VerDate 112000 16:40 Oct 19, 2000 Jkt 194001 PO 00000 Frm 00005 Fmt 4701 Sfmt 4703 E:\FR\FM\20OCN2.SGM pfrm01 PsN: 20OCN2 63178 Federal Register / Vol. 65, No. 204 / Friday, October 20, 2000 / Notices

IV. Occupational Exposure and Risk packaging to reduce worker exposure to Dermal exposure is the most their wettable powder formulation, and significant route of exposure for TPTH. A. Position Document 1 added protective clothing requirements However, the Agency also assessed the In the January 1985 Notice of Special to product labels. The flowable potential for inhalation exposure Review (PD 1), the Agency concluded concentrate formulation must be used because although inhalation is a very that potential developmental toxicity with a mechanical transfer or closed minor route of exposure for workers risks to mixers, loaders and applicators loading system, with workers required applying TPTH, subchronic inhalation for registrations of products containing to wear a coverall over long sleeve shirt studies have resulted in lung injury and triphenyltin hydroxide may result in and long pants, chemical-resistant death to test animals at extremely low unreasonable adverse effects. The gloves, chemical-resistant apron (when doses. The current exposure assessment Agency’s risk analysis was limited to mixing, loading or cleaning), and a is based on data from the Pesticide dermal exposure to TPTH resulting from respirator. For workers using the Handlers Exposure Database (PHED) air blast application to pecan trees, as wettable powder in water soluble Version 1.1 as well as chemical-specific this was the use pattern expected to packaging; coveralls, long-sleeve shirt, data from monitoring studies for generate the most exposure to workers. long pants, chemical-resistant gloves mixing/loading TPTH wettable powder This analysis was based on exposure and a dust/mist respirator are required. in a water soluble pack formulation for estimates derived from Agency data and To apply TPTH by airblast, applicators application to pecan groves and assumed dermal absorption would be must wear long-sleeve shirts, long pants, applying TPTH to pecans using an 100%. shoes and socks (no gloves are required, enclosed-cab airblast sprayer [Ref. 21]. When conducting the 1985 risk since enclosed cabs are necessary to Assumptions for the exposure assessment, the Agency assumed that all apply TPTH). Flaggers must also be in assessment included: workers were unprotected, wore cotton enclosed cabs. The current risk • An average body weight of 70 kg for work clothes, short-sleeved shirts, long assessment for TPTH incorporates data an adult handler was used in the pants and no hat, gloves or respirator. submitted since the initiation of the inhalation and cancer assessments. A Three-thousand square centimeters of special review as well as the risk body weight of 60 kg was used in the the body surface was assumed to be mitigation measures put into place since short- and intermediate-term dermal uncovered. Applicator exposure was 1985. assessments (the typical weight for a calculated from a linear regression woman since the NOAEL is based on a correlation derived from Agency data C. Refined Data developmental study with for the air blast application to orchards. EPA required that the registrants developmental toxicity an endpoint of The Agency’s assumptions were conduct a rabbit developmental toxicity concern). conservative and may have study to allow a direct determination of • The average workday interval is 8 overestimated actual exposure. maternal and developmental toxicity via hours per day (e.g., the acres treated or The Agency estimated a typical the dermal route. This technique volume of spray solution prepared in a exposure value for a mixer/loader/ provides a direct, more accurate typical day). applicator of 0.74 mg/kg/day, based on estimate of dermal toxicity than • The Agency assumed typical acres ranges of 0.68 to 0.88 mg/kg/day, due to extrapolating from the rabbit oral study treated per workday as follows: 40 acres variations in application rates. to dermal exposure. In addition, the for airblast application to pecan At the time of the PD 1, an available TPTH Task Force generated exposure orchards, 150 acres for groundboom study on rats showed apparent data for pecan harvesters as no such application to potatoes and sugar beets, hydrocephalus and hydronephrosis at data were available for this unusual 1,000 acres for aerial application to all dose levels. There were, however, no exposure scenario (pecan harvesting potatoes and sugar beets, and 400 acres data available to estimate the dermal involves shaking trees, sweeping pecans for aerial application to pecan orchards penetration of TPTH. Since dermal into rows under the trees (windrowing), (this is rarely done). Since specific data exposure was the greatest single source and collecting pecans). The current were not available for private growers of exposure to workers, this was an assessment also reflects the revised Q1* using chemigation for potatoes, or for important parameter in the resulting for cancer risk assessment, updated flaggers during aerial application, a risk. Due to the lack of dermal TPTH dermal absorption/penetration default estimate of 350 acres absorption data, the Agency calculated factor, a revised TPTH flowable representing the Exposure Science the risk to workers from TPTH by concentrate exposure assessment, and Advisory Counsel estimate for aerial assuming that 100 percent of TPTH monitoring data for workers mixing/ and chemigation applications in would be absorbed. Potential exposure loading the TPTH wettable powder in a agricultural settings was used. Although of pesticide applicators to TPTH water soluble pack formulation and a typical aerial application of TPTH occurred at a level that was known to harvesters re-entering pecan groves after involves treatment of 1,000 acres, the produce developmental effects in TPTH treatment. Agency assumed that an automated laboratory animals, thereby resulting in means of flagging, rather than human D. Occupational Handler Exposure a highly significant developmental risk flaggers would be employed for Estimates for pregnant women. applications to greater than 350 acres. Exposures to workers mixing, loading • For the non-cancer assessment, the B. Label, Packaging, and Use Changes and applying TPTH were assessed as Agency used the maximum application The TPTH Task Force has voluntarily part of the RED. Risks to flaggers were rates for each crop. implemented measures that have also assessed. Assessments • For the cancer assessment, the reduced worker exposure to TPTH. incorporating current label conditions Agency used typical application rates, These actions include deleting certain were conducted for both liquid and typical number of acres treated per day, crops, such as carrots and peanuts [Ref. wettable powder formulations, as well typical number of applications per year, 19], requiring the use of closed cab as for the different application methods and assumed a worker life span of 70 tractors for TPTH applications and (ground, aerial, and chemigation) for years with a TPTH exposure period of additional protective clothing. The Task each of the three use sites [Refs. 2 and over 35 years, and that workers were Force also adopted water soluble 20]. exposed for 8 hours per day for the

VerDate 112000 13:31 Oct 19, 2000 Jkt 194001 PO 00000 Frm 00006 Fmt 4701 Sfmt 4703 E:\FR\FM\20OCN2.SGM pfrm04 PsN: 20OCN2 Federal Register / Vol. 65, No. 204 / Friday, October 20, 2000 / Notices 63179

typical number of days applied per year cancer dermal and inhalation risks, which was combined with the Q1* to (this varied from 1–96 days depending separate risk assessments were estimate cancer risk [Ref. 17]. on type of equipment used and whether conducted for dermal and inhalation 1. Non-cancer risk assessment. The applicators were private or commercial exposures. Both short- and non-cancer occupational risk estimates applicators). intermediate-term Margins of Exposure are summarized in the following Table • The following generic protection (MOEs) for occupational handlers were 2. Since the uncertainty factors and factors (PF) were used to represent derived based upon comparison of target MOEs for occupational workers various risk mitigation measures on the dermal exposure estimates against a are 100 for short- and intermediate-term labels: 50 percent PF for body exposure NOAEL of 3 mg/kg/day from a dermal dermal and inhalation risk, MOEs over with a double layer of clothing, 90 developmental study in the rabbit. 100 represent acceptable occupational percent PF for hand exposure for use of Inhalation MOEs were derived based risks to workers, whereas MOEs below chemical resistance gloves, and 80 upon comparison of inhalation exposure 100 would represent a risk concern for percent PF for use of dust/mist mask for estimates against a NOAEL of 0.00034 the Agency. Non-cancer inhalation risks respiratory protection. mg/L or 0.092 mg/kg/day. The cancer were acceptable across all use scenarios. • A dermal absorption factor of 10% assessment used the oral Q1* of 1.83 Dermal non-cancer risks were also was used for the cancer assessment (mg/kg/day)-1 based on fatal pituitary acceptable across all use scenarios, based on the comparison of the LOAELs gland adenoma tumors in female rats. when mitigation measures were of the oral and dermal developmental To calculate exposure for the cancer considered, with the exception of toxicity studies in rabbits [Refs. 3 and assessment, a 10 percent dermal mixing and loading liquids for aerial 22]. absorption (based on comparison application to sugar beets at maximum between rabbit oral and dermal studies) application rates (MOE of 84) and E. Occupational Handler Risk was used, while inhalation absorption mixing and loading wettable powder in Characterization was assumed to be 100 percent. The water-soluble bags for aerial and Because different toxic effects were dermal and inhalation exposures were chemigation application for all three use selected for the assessment of non- summed to calculate a total exposure, sites (MOEs of 33 to 82).

TABLE 2.Ð SUMMARY OF OCCUPATIONAL HANDLER DERMAL AND INHALATION NON-CANCER RISK ESTIMATES

Dermal Short- and Intermediate-Term Inhalation (MOE = 100) (MOE = 100) Exposure Scenario Crop Application Engi- Engi- Rate (lb ai/A) neering Baseline PPE neering Baseline PPE Con- Con- trols trols

Mixer/Loader Risk. Mixing/Loading Liquids Pecans 0.375 See Eng. See Eng. 140 See Eng. See Eng. 520 for Aerial/Chemigation Control ...... Control ...... Control ...... Control ...... Application.

Potatoes 0.1875 See Eng. See Eng. 110 See Eng. See Eng. 410 Control ...... Control ...... Control ...... Control ......

Sugar 0.25 See Eng. See Eng. 84 See Eng. See Eng...... 310 beets Control ...... Control ...... Control ...... Control ......

Sugar 0.125 (Typ) See Eng. See Eng. 170 See Eng. See Eng. N/A2 beets Control ...... Control ...... Control ...... Control ......

Mixing/Loading Liquids Potatoes 0.1875 See Eng. See Eng. 740 See Eng. See Eng. 2,800 for Groundboom Ap- Control ...... Control ...... Control ...... Control ...... plication.

Sugar 0.25 See Eng. See Eng. 560 See Eng. See Eng. 2,100 beets Control ...... Control ...... Control ...... Control ......

Mixing/Loading Liquid Pecans 0.375 See Eng. See Eng. 1400 See Eng. See Eng. 5,200 for Orchard Airblast Control ...... Control ...... Control ...... Control ...... Sprayer Application.

Mixing/Loading Wettable Pecans 0.375 See Eng. See Eng. 55 See Eng. See Eng. 600 Powder (WSB) for Control ...... Control ...... Control ...... Control ...... Aerial/Chemigation Application.

Pecans 0.25 (Typ) See Eng. See Eng. 82 See Eng. See Eng. N/A2 Control ...... Control ...... Control ...... Control ......

Potatoes 0.1875 See Eng. See Eng. 44 See Eng. Con- See Eng. 480 Control ...... Control ...... trol Control ......

VerDate 112000 16:40 Oct 19, 2000 Jkt 194001 PO 00000 Frm 00007 Fmt 4701 Sfmt 4703 E:\FR\FM\20OCN2.SGM pfrm01 PsN: 20OCN2 63180 Federal Register / Vol. 65, No. 204 / Friday, October 20, 2000 / Notices

TABLE 2.Ð SUMMARY OF OCCUPATIONAL HANDLER DERMAL AND INHALATION NON-CANCER RISK ESTIMATESÐContinued

Dermal Short- and Intermediate-Term Inhalation (MOE = 100) (MOE = 100) Exposure Scenario Crop Application Engi- Engi- Rate (lb ai/A) neering Baseline PPE neering Baseline PPE Con- Con- trols trols

Potatoes 0.125 (Typ) See Eng. See Eng. 65 See Eng. See Eng. N/A2 Control ...... Control ...... Control ...... Control ......

Sugar 0.25 See Eng. See Eng. 33 See Eng. See Eng. 360 beets Control ...... Control ...... Control ...... Control ......

Sugar 0.125 (Typ) See Eng. See Eng. 65 See Eng. See Eng. N/A2 beets Control ...... Control ...... Control ...... Control ......

Mixing/Loading Wettable Potatoes 0.1875 See Eng. See Eng. 290 See Eng. See Eng. 3,200 Powder (WSB) for Control ...... Control ...... Control ...... Control ...... Groundboom Applica- tion.

Sugar 0.25 See Eng. See Eng. 220 See Eng. See Eng. 2,400 beets Control ...... Control ...... Control ...... Control ......

Mixing/Loading Wettable Pecans 0.375 See Eng. See Eng. 550 See Eng. See Eng. 6,000 Powder for Orchard Control ...... Control ...... Control ...... Control ...... Airblast Sprayer Appli- cation.

Applicator Risk. Applying Sprays with a Pecans 0.375 No Data, See No Data, See 240 No Data, See No Data, See 630 Fixed-Wing Aircraft. Eng. Cont. Eng. Cont. Eng. Cont. Eng. Cont.

Potatoes 0.1875 No Data, See No Data, See 190 No Data, See No Data, See 510 Eng. Cont. Eng. Cont. Eng. Cont. Eng. Cont.

Sugar 0.25 No Data, See No Data, See 140 No Data, See No Data, See 380 beets Eng. Cont. Eng. Cont. Eng. Cont. Eng. Cont.

Applying Sprays with a Potatoes 0.1875 460 580 1,300 310 1,500 5,300 Groundboom Sprayer.

Sugar 0.25 340 440 960 230 1,100 4,000 beets

Applying Sprays to Or- Pecans 0.375 33 55 630 95 480 950 chards with an Air- blast Sprayer.

Pecans 0.25 (Typ) 50 82 950 140 720 1,400

Mixer/Loader/Applicator Risk. Mixing/Loading Liquids Potatoes 0.1875 N/A1 N/A1 470 N/A1 N/A1 1,800 and Applying Sprays with a Groundboom Sprayer.

Sugar 0.25 N/A1 N/A1 350 N/A1 N/A1 1,400 beets

Mixing/Loading Liquids Pecans 0.375 N/A1 N/A1 430 N/A1 N/A1 810 and Applying Sprays to Orchards with an Airblast Sprayer.

Mixing/Loading Wettable Potatoes 0.1875 N/A1 N/A1 240 N/A1 N/A1 2,000 Powder (WSB) and Applying Sprays with a Groundboom Spray- er.

VerDate 112000 16:40 Oct 19, 2000 Jkt 194001 PO 00000 Frm 00008 Fmt 4701 Sfmt 4703 E:\FR\FM\20OCN2.SGM pfrm01 PsN: 20OCN2 Federal Register / Vol. 65, No. 204 / Friday, October 20, 2000 / Notices 63181

TABLE 2.Ð SUMMARY OF OCCUPATIONAL HANDLER DERMAL AND INHALATION NON-CANCER RISK ESTIMATESÐContinued

Dermal Short- and Intermediate-Term Inhalation (MOE = 100) (MOE = 100) Exposure Scenario Crop Application Engi- Engi- Rate (lb ai/A) neering Baseline PPE neering Baseline PPE Con- Con- trols trols

Sugar 0.25 N/A1 N/A1 180 N/A1 N/A1 1,500 beets

Mixing/Loading Wettable Pecans 0.375 N/A1 N/A1 290 N/A1 N/A1 820 Powder (WSB) and Applying Sprays to Orchards with an Air- blast Sprayer.

Flagger Risk. Flagging Spray Applica- Pecans 0.375 120 140 6,200 140 700 7,000 tions.

Potatoes 0.1875 250 270 12,000 280 1,400 14,000

Sugar 0.25 190 210 9,400 210 1,100 11,000 beets 1 There is no unit exposure for mixer/loader to add to the applying unit exposure until engineering controls. 2 Inhalation MOE is not of concern at the maximum application rate; therefore, an assessment of the typical application was not necessary. a Note: Baseline unit exposure represents long pants, long sleeved shirt, no gloves, open cab tractor, and no respirator. Additional PPE in- cludes double layer of clothing (50% protection factor for clothing), chemical resistant gloves, and a dust/mist respirator. Engineering controls in- clude closed mixing/loading or water-soluble bag, single layer clothing, chemical resistant gloves, enclosed cab, enclosed cockpit, or enclosed truck (98% protection factor). Application rates are based on the maximum application rates listed on the TPTH labels, and on typical application rates reported by BEAD. Acres treated per day are from BEAD reports of the acres treated in one work day. b Source: TPTH: HED Revised Risk Assessment for the Reregistration Eligibility Decision (RED) Document, September 21, 1999.

Although the MOEs for mixing/ acres for aerial application to sugar summarized in Table 3 below. Under loading wettable powder for aerial/ beets and potatoes. the Agency’s non-dietary cancer risk chemigation application were calculated Results of the worker exposure study policy, cancer risks less than 1.0 × 10-6 to be less than 100, based on a number were thus, of necessity, extrapolated to (i.e., less than a 1 in 1 million lifetime of factors, the Agency determined in its calculate risks from handling enough risk of excess cancer from TPTH reregistration eligibility determination active ingredient to evaluate larger exposure) are generally considered that the MOEs for the water soluble bag acreages. However, the Agency does not acceptable, cancer risks greater than 1 × formulation are acceptable. First, the believe, under the circumstances 10-4 (i.e., more than a 1 in 10,000 results of the Agency’s non-cancer present, that a linear extrapolation of lifetime risk of excess cancer from TPTH occupation risk assessment for this exposure from 5 acres to 1,000 acres is exposure) are generally considered formulation (and similar results in the reliable. Consequently, while the unacceptable, whereas for cancer risks occupational cancer risk assessment Agency believes that the study is that fall between 1 × 10-6 and 1 × 10-4, discussed below), are not consistent appropriate to estimate exposures based the Agency’s goal is to bring these risks on treatment of 40 acres (i.e., airblast with the Agency’s experience that water to 10-6 or less through mitigation if application on pecan orchards), it does soluble packaging results in exposures feasible, although risks higher than 10-6 not believe that it is appropriate to use comparable to the use of other but less than 10-4 will generally be this same study to estimate exposures engineering controls such as closed based on treatment of 1,000 acres, and considered acceptable if measures to mixing/loading systems for liquid that use of this study provides an mitigate these risks are not available and formulations, and is therefore a overestimate of risk. Based on the benefits of continuing use are protective measure that the Agency Agency’s experience that water soluble demonstrated. Mixing and loading generally promotes. Second, the Agency packaging results in exposures wettable powder in water-soluble bags believes that the significant discrepancy comparable to the use of other for aerial/chemigation and for observed between exposure from liquid engineering controls such as closed groundboom application on potatoes × -4 formulations in closed systems and mixing/loading systems for liquid was estimated at 1.5 10 for water soluble bags for this chemical are formulations, the Agency determined in commercial applicators. As noted above due to the failure of the TPTH water the RED that a new exposure study in Unit IV.E.1., the Agency believes that soluble bag study to replicate actual use based on a larger treated acreage, which the deficiencies in the exposure study patterns on all three registered crop sites was required with the issuance of the used to model this formulation provide i.e., the study monitored workers who RED, will demonstrate that the MOEs an overestimate of exposure and risk for handled only enough active ingredient for the water soluble bag formulation are potatoes and sugarbeets. Most of the to treat 5 acres, modeling an airblast acceptable. other cancer risk estimates were greater application scenario for pecan orchards 2. Cancer risk assessment. The than 1 × 10-6 but less than 1.0 × 10-4 which are 40 acres, rather than the 1,000 occupational cancer risk estimates are (ranging from 1.1 × 10-6 to 9.1 × 10-5).

VerDate 112000 13:31 Oct 19, 2000 Jkt 194001 PO 00000 Frm 00009 Fmt 4701 Sfmt 4703 E:\FR\FM\20OCN2.SGM pfrm04 PsN: 20OCN2 63182 Federal Register / Vol. 65, No. 204 / Friday, October 20, 2000 / Notices

TABLE 3.Ð SUMMARY OF OCCUPATIONAL HANDLER CANCER RISK ESTIMATE FOR TPTH

Application Cancer Risk Estimate Exposure Scenario Crop Rate (lb ai/ A) Baseline PPE Engineering Controls

Mixer/Loader Risk. Mixing/Loading Liquids for Aerial/ Pecans 0.25 See Eng. See Eng. 3.4E-6 Chemigation Application. Control ...... Control ......

Potatoes 0.125 See Eng. See Eng. 6.3E-5 / 1.5E-6 Control ...... Control ......

Sugar 0.125 See Eng. See Eng. 3.8E-5 beets Control ...... Control ......

Mixing/Loading Liquids for Groundboom Potatoes 0.125 See Eng. See Eng. 6.1E-5 / 1.9E-6 Application. Control ...... Control ......

Sugar 0.125 See Eng. See Eng. 3.7E-5 / 1.9E-6 beets Control ...... Control ......

Mixing/Loading Liquid for Orchard Air- Pecans 0.25 See Eng. See Eng. 1.0E-6 blast Sprayer Application Control ...... Control ......

Mixing/Loading Wettable Powder Pecans 0.25 No Data Cont. No Data Cont. 8.1E-6 (WSB) for Aerial/Chemigation Appli- cation.

Potatoes 0.125 No Data Cont. No Data Cont. 1.5E-4 / 3.6E-6

Sugar 0.125 See Eng. See Eng. 9.1E-5 beets Control ...... Control ......

Mixing/Loading Wettable Powder Potatoes 0.125 See Eng. See Eng. 1.5E-4 / 4.6E-6 (WSB) for Groundboom Application Control ...... Control ......

Sugar 0.125 See Eng. See Eng. 8.8E-5 / 4.6E-6 beets Control ...... Control ......

Mixing/Loading Wettable Powder (WSB) Pecans 0.25 See Eng. See Eng. 2.4E-6 for Orchard Airblast Sprayer Applica- Control ...... Control ...... tion.

Applicator Risk. Applying Sprays with a Fixed-Wing Air- Pecans 0.25 No Data, See No Data, See Eng. 2.0E-6 craft. Eng. Cont. Cont.

Potatoes 0.125 No Data, See No Data, See Eng. 3.8E-5 Eng. Cont. Cont.

Sugar 0.125 No Data, See No Data, See Eng. 2.3E-5 beets Eng. Cont. Cont.

Applying Sprays with a Groundboom Potatoes 0.125 1.4E-4 / 4.3E-6 8.1E-5 / 2.5E-6 3.5E-5 / 1.1E-6 Sprayer

Sugar 0.125 8.3E-5 / 4.3E-6 4.9E-5 / 2.5E-6 2.1E-5 / 1.1E-6 beets

Applying Sprays to Orchards with an Air- Pecans 0.25 4.4E-5 2.5E-5 2.5E-6 blast Sprayer.

Mixer/Loader/Applicator Risk. Mixing/Loading Liquids and Applying Potatoes 0.125 N/A N/A 3.0E-6 Sprays with a Groundboom Sprayer.

Sugar 0.125 N/A N/A 3.0E-6 beets

Mixing/Loading Liquids and Applying Pecans 0.25 N/A N/A 3.5E-6 Sprays to Orchards with an Airblast Sprayer.

VerDate 112000 16:40 Oct 19, 2000 Jkt 194001 PO 00000 Frm 00010 Fmt 4701 Sfmt 4703 E:\FR\FM\20OCN2.SGM pfrm01 PsN: 20OCN2 Federal Register / Vol. 65, No. 204 / Friday, October 20, 2000 / Notices 63183

TABLE 3.Ð SUMMARY OF OCCUPATIONAL HANDLER CANCER RISK ESTIMATE FOR TPTHÐContinued

Application Cancer Risk Estimate Exposure Scenario Crop Rate (lb ai/ A) Baseline PPE Engineering Controls

Mixing/Loading Wettable Powder (WSB) Potatoes 0.125 N/A N/A 5.7E-6 and Applying Sprays with a Groundboom Sprayer.

Sugar 0.125 N/A N/A 5.7E-6 beets

Mixing/Loading Wettable Powder Pecans 0.25 N/A N/A 5.0E-6 (WSB) and Applying Sprays to Or- chards with an Airblast Sprayer

Flagger Risk. Flagging Spray Applications Pecans 0.25 4.5E-6 3.4E-6 9.1E-8

Potatoes 0.125 3.4E-5 2.5E-5 6.8E-7

Sugar 0.125 2.0E-5 1.5E-5 4.1E-7 beets aN/AÐThere is no unit exposure for mixer/loader to add to the applying unit exposure until engineering controls. bBaseline unit exposure represents long pants, long sleeved shirt, no gloves, open cab tractor, and no respirator. Additional PPE includes dou- ble layer of clothing (50% protection factor for clothing), chemical resistant gloves, and a dust/mist respirator. Engineering controls include closed mixing/loading or water-soluble bag, single layer clothing, chemical resistant gloves, enclosed cab, enclosed cockpit, or enclosed truck (98% pro- tection factor). Application rates are based on the maximum application rates listed on the TPTH labels, and on typical application rates reported by BEAD. Acres treated per day and number of exposures per year are based on data from BEAD. In cases where the number of acres treated or the number of exposures per year are different for commercial applicator and private grower, both estimates are presented, separated by a ``/'' in the following manner: commercial value / private grower value. cSource: TPTH: HED Revised Risk Assessment for the Reregistration Eligibility Decision (RED) Document, September 21, 1999.

3. Incident reports. The Agency potential chronic exposure (i.e., ≥ 180 and X = the number of days after the reviewed the OPP Incident Data System days of exposure/year) concern. application). (IDS), Poison Control Center, California The postapplication exposure The assumptions used in the Department of Food and Agriculture assessment for pecan harvesting was calculations for occupational (replaced by the Department of Pesticide based on a reentry study of pecan postapplication risks include the Regulation in 1991), and National workers operating windrowing following: Pesticide Telecommunications Network equipment as part of pecan harvesting • Application rates used for the (NPTN) databases for reported incident activities [Ref. 23]. Both dermal and different postapplication scenarios information for TPTH. Only seven cases inhalation exposure monitoring were were: submitted to the IDS were identified; conducted. In addition, soil and thatch No rate required for pecan harvesting however, no documentation confirming samples were collected from the since the study provided exposure exposure or health effects were dripline beneath the treated pecan trees values (µg/kg/hr), making calculations available. As a result, the Agency has (potential TPTH postapplication based on an application rate not concluded that relatively few incidents exposures were expected from both the necessary (the study application rate of illness from exposure to TPTH have pecans and disturbances of the soil was 0.375 lb ai/acre) been reported and no recommendations under trees). Both the monitoring data, For the harvesting and maintenance can be made based on the few incident as well as the soil/thatch residue levels, activities assessment, the non-cancer reports available [Ref. 2]. were used in the assessment. calculations were completed using the F. Post-Application Exposure and Risk Soil and foliar dissipation data that maximum application rates for specific Estimates were collected following applications of crops recommended by the available TPTH to potatoes and peanuts [Ref. 24] TPTH labels. Typical application rates The Agency determined there were were also used for the postapplication were used in the calculations for the three main categories of activities which exposure assessment for potatoes and cancer assessment. could result in the potential sugar beets (since potatoes and sugar • Transfer coefficients (Tc) were not postapplication exposures to beets both have similar application rates used for pecan harvesting estimates individuals entering areas treated with and cultural techniques). TPTH did not because the study provides exposure TPTH [Ref. 17]: appear to dissipate in the soil; therefore, values (µg/kg/hr). For potato harvesting, • Harvesting pecans (although the highest daily mean level (1.36 parts a soil/dermal transfer coefficient of 3.9 mechanically harvested, it is a very per billion TPTH) at one day post ng/ppb/hr was used, based on a study dusty operation); Scouting and moving application was used in the assessment. conducted by the Medical University of hand-set irrigation pipes for potatoes The soil level was used in conjunction South Carolina for the Agency’s Hazard and sugar beets; and with a soil/dermal transfer coefficient of Assessment Project [Ref. 24]. TPTH soil • Harvesting, sorting/packing, and 3.9 ng/ppb/hr. The foliar dissipation and foliar dissipation data. For brushing/washing potatoes and sugar curve is (log Y = -0.0573X + -0.498), maintenance activities associated with beets. from the TPTH foliar dissipation study potatoes and sugar beets, the transfer None of these crop activities have accepted by EPA in 1986 (Y = the coefficient was assumed to be 2,500 been identified as scenarios yielding dislodgeable foliar residue in µg/cm2 cm2/hr.

VerDate 112000 13:31 Oct 19, 2000 Jkt 194001 PO 00000 Frm 00011 Fmt 4701 Sfmt 4703 E:\FR\FM\20OCN2.SGM pfrm04 PsN: 20OCN2 63184 Federal Register / Vol. 65, No. 204 / Friday, October 20, 2000 / Notices

• Daily exposure is assumed to occur • The Q1* used in the cancer interval of 30 days, thereby resulting in for 8 hours per day. assessment is 1.83 (mg/kg/day)-1. MOEs over 100 and cancer risks of less • The average body weight of 60 kg is than 1 × 10-4 for pecan harvesters. G. Occupational Postapplication Risk used in the non-cancer risk estimates As indicated in Table 5 below, MOEs Characterization (due to a developmental endpoint), for maintenance activities are ≥ 100 on while for cancer estimates, 70 kg is The postapplication risks are day zero after application for potatoes, used, representing a typical adult. summarized in Tables 4–6 below. The and on the second day after application • Exposure frequency is estimated to postapplication assessment indicates for sugar beets. The cancer risk estimate be 40 days/year for pecan harvesting, that for pecan harvesting, MOEs exceed for maintenance activities was found to and 30 days/year for potato and sugar 100 on day zero after application, while be less than 1.0 × 10-4 on the second day beet maintenance activities and cancer risk estimates are greater than 1.0 after application for both potatoes and harvesting. × 10-4 until 7 days after the last sugar beets. The MOE and cancer risk • Exposure duration is assumed to be application at the Georgia site, and estimate for potato harvesting do not 35 years. This represents a typical between 21 and 30 days after the last exceed the Agency’s level of concern on working lifetime. application at the Texas site. However, any day after application (see Table 6). • Lifetime is assumed to be 70 years. pecan harvesting generally occurs at Since TPTH has a current REI of 48 • Dermal absorption is assumed to be least 21 days after TPTH application. As hours for all crops, postapplication risks 10 percent for cancer estimates because part of the reregistration eligibility for maintenance and harvesting the Q1* is not based on a dermal study, decision, TPTH labels have been activities on sugar beets and potatoes as in the handler assessment. amended to require a minimum harvest are acceptable.

TABLE 4.ÐSUMMARY OF ESTIMATED POSTAPPLICATION RISK ESTIMATES BASED ON RESIDUE RATIOS DURING PECAN HARVESTING

Soil/Thatch Res- MOE Days After Last Treatment Residue idue Cancer Risk µ a b Inhala- Estimate ( g/g) Ratio Dermal tion

Georgia. 0 ...... 42.9 4.0 170 480 1.9E-04 1 ...... 23.3 2.2 320 890 1.1E-04 3 ...... 27 2.5 270 770 1.2E-04 7 ...... 10.8 1.0 680 1900 4.9E-05 14 ...... 11.7 1.1 630 1800 5.3E-05 21 ...... 18 1.7 410 1200 8.1E-05 30 ...... 18.4 1.7 400 1100 8.3E-05 60 ...... 10.7 0.99 690 1900 4.8E-05 90 ...... 10.9 1.01 680 1900 4.9E-05 120 ...... 3.5 0.32 2100 5900 1.6E-05

Texas. 0 ...... 7.2 1.76 220 1100 1.4E-04 1 ...... 7.4 1.80 220 1100 1.5E-04 3 ...... 3.8 0.93 420 2100 7.6E-05 7 ...... 6.4 1.56 250 1200 1.3E-04 14 ...... 9.2 2.24 170 850 1.8E-04 21 ...... 6.2 1.51 260 1300 1.2E-04 30 ...... 4.2 1.02 380 1900 8.4E-05 60 ...... 4.0 0.98 400 2000 8.0E-05 90 ...... 3.1 0.76 520 2500 6.2E-05 120 ...... 4.8 1.17 330 1600 9.6E-05 a Soil/thatch residues from pecan harvester exposure study (MRID #43557401). b Residue ratios calculated by dividing the residue level on a given day by the residue level on the day exposure samples were collected (as- sumed to be 10.8 µg/g for GA and 4.1 µg/g for TX).

TABLE 5.Ð SUMMARY OF POSTAPPLICATION RISK ESTIMATES FROM TPTH DURING MAINTENANCE ACTIVITIES

Potatoes Non- Sugar beets Potatoes and Sugar cancer a (App. Non-cancera beets Cancera (App. Rate: 0.1875 (App. Rate: Rate: 0.125 lb ai/A) Days After Last Treatment lb ai/A) 0.25 lb ai/A) DFRb DFRb DFRb(µg/ Cancer Risk (µg/ MOE (µg/ MOE cm2) Estimate cm2) cm2)

0 ...... 0.084 100 0.112 80 0.056 1.2E-04 1 ...... 0.074 120 0.099 91 0.049 1.1E-04 2 ...... 0.065 140 0.087 100 0.043 9.3E-05 a The maximum application rates (0.1875 lb ai/A and 0.25 lb ai/A) were used for non-cancer assessment of potatoes and sugar beets, respec- tively. The typical application rate (0.125 lb ai/A) for both potatoes and sugar beets was used to estimate cancer risk. b Dislodgeable foliar residue. Based on regression equation from study (MRID# 42507801) and using application rate indicated above, initial DFR of 4%, and a dissipation rate of 12% per day.

VerDate 112000 13:31 Oct 19, 2000 Jkt 194001 PO 00000 Frm 00012 Fmt 4701 Sfmt 4703 E:\FR\FM\20OCN2.SGM pfrm04 PsN: 20OCN2 Federal Register / Vol. 65, No. 204 / Friday, October 20, 2000 / Notices 63185

TABLE 6.Ð SUMMARY OF POSTAPPLICATION RISK ESTIMATES FROM TPTH DURING POTATO HARVESTING

Non-cancer Cancer Days After Last Treatmenta TRb (ppb TRb (ppb TPTH) MOE TPTH) Cancer Risk

Any Day ...... 1.36 4,300,000 1.36 4.5E-9 a TPTH was not found to dissipate appreciably in soil; therefore, the above risks are applicable for any day after treatment. b The transferrable residue was based on the highest daily average residue measured.

V. Summary of Benefits and Evaluation proposed [Ref. 25]. In addition to potatoes, primarily in the upper of Alternatives disease control, TPTH is registered as a Midwest potato growing region. The suppressant of Colorado potato beetle major states where TPTH is used on A. Importance of Triphenyltin populations on potatoes. The mode of potatoes include Minnesota, North Hydroxide action of TPTH against the Colorado Dakota, Wisconsin and Colorado. The Agency conducted a benefits potato beetle has not been identified. Fungicide applications typically begin assessment for TPTH by analyzing the TPTH use is limited to some extent by when plant disease symptoms are first economic impact of cancellation on its phytotoxicity. The TPTH label observed and continue as needed. Due each of the three registered use sites. Of recommends that the fungicide not be to phytotoxic concerns with the three sites for which TPTH is applied in combination with applications of the fungicide at the full registered (pecans, potatoes and surfactants, spreaders, stickers or buffers label rate of 0.19 lbs ai/A, TPTH is sugarbeets), moderate economic impacts to reduce the possibility of applied at 0.09 lbs ai/A in combination to pecan production are anticipated if phytotoxicity. A phytotoxic response with another fungicide, typically TPTH is not available for disease occurs when applied alone at the full mancozeb at 1 lb a.i./A. Two to three control. The impact will be due to label rate on potatoes [Ref. 26]. TPTH/mancozeb applications are higher prices for the alternatives rather The Agency estimates total usage of usually made per growing season [Ref. than their reduced efficacy. More TPTH in the United States at 27]. A maximum of 0.56 lbs ai/A of importantly, however, there is potential approximately 569,000 pounds of active TPTH can be applied in a given season for development of resistance from the ingredient per year [Ref. 27]. Pecans and (or the equivalent of three applications use of the registered alternatives which, sugarbeets represent the largest volume at the maximum labeled use rate). as part of the triazole group of of use and highest percent crop treated TPTH plays a role in potato IPM fungicides, share a single site and of the three use sites [Ref. 27]. programs in the upper Midwest. similar mode of action, thereby 1. Pecans. TPTH is principally used to University plant pathologists have increasing the risk of resistance control scab, Cladosporium effusum, the developed IPM programs incorporating development over time in the absence of most important disease on pecans [Refs. the use of TPTH, thereby allowing TPTH, which has a different mode of 27 and 28]. TPTH applications begin growers to reduce the total amount and action from the triazoles. For potatoes when leaves are unfolding and continue number of fungicide applications to and sugarbeets, minor economic at 2 to 4 week intervals until the shucks potatoes per growing season. impacts would result from TPTH begin to open. A maximum of 10 TPTH is also registered as a cancellation, although the cancellation applications may be made per growing suppressant of Colorado potato beetle of TPTH could adversely affect season, although the total amount of (CPB) populations. Research by Hare, resistance management programs TPTH which can be used in a given Logan and Wright [Ref. 29] indicated relying on TPTH as an inexpensive season is limited to 1.5 lbs active that applications of TPTH reduced CPB contact fungicide with a multi-site mode ingredient per acre (ai/A) in Arizona larval densities. The researchers of action. Sugarbeet growers would also and New Mexico, and all areas west of concluded that applications of TPTH apply greater amounts of an alternative Interstate 35 (I-35), and 2.25 lbs ai/A in may enable potato growers to reduce the fungicide (e.g. mancozeb), if TPTH were all other areas east of I-35. The total number of insecticides necessary not available, resulting in a negative difference in maximum seasonal for control of CPB. However, applying impact on sugarbeet integrated pest application rates is based on differences TPTH at the rate reported to suppress management (IPM) programs and greater in climate which make disease CPB may not be acceptable due to overall environmental pesticide loading. pressures greater in some areas relative applications of the fungicide resulting to others [Ref. 2]. Scab infection occurs in a phytotoxic response to many B. Usage of Triphenyltin Hydroxide on both foliage and nuts leading to commercially desirable varieties. Thus, As already noted, TPTH is a non- lesion formation on nuts and the Agency does not consider TPTH to systemic protectant foliar fungicide subsequent nut drop. be a viable pest control option for registered for use on three sites: pecans, In addition to scab, TPTH is registered control of CPB. potatoes and sugarbeets. The fungicide to control other diseases on pecans 3. Sugarbeets. TPTH is used in North was also formerly registered for use on including: brown leaf spot (Cercospora Dakota, Minnesota and West Texas to carrots, peanuts and tobacco, and as an fusca), downy spot (Mycosphaerella control Cercospora leaf spot, Cercospora industrial preservative for vinyl (PVC) caryigena), liver spot (Gnomonia beticola, on sugarbeets [Ref. 30]. If the electrical tubing. The exact mode of nerviseda), powdery mildew disease is not adequately controlled, action of TPTH is not clearly (Microsphaera alni), sooty mold (causal fungal infection results in defoliation understood. Researchers indicate that agent not identified) and leaf blotch and subsequent yield losses. TPTH inhibits oxidative (Mycosphaerella dendroides). TPTH applications begin when phosphorylation in fungal pathogens. 2. Potatoes. TPTH is used for control environmental conditions conducive for The fungicide’s inhibition of other of early blight, Alternaria solani, and Cercospora leafspot infection appear or metabolic pathways has also been late blight, Phytophthora infestans, of when infection is first observed.

VerDate 112000 13:31 Oct 19, 2000 Jkt 194001 PO 00000 Frm 00013 Fmt 4701 Sfmt 4703 E:\FR\FM\20OCN2.SGM pfrm04 PsN: 20OCN2 63186 Federal Register / Vol. 65, No. 204 / Friday, October 20, 2000 / Notices

Growers typically apply up to four Azoxystrobin is very effective in significant differences when comparing TPTH applications with the rate varying controlling scab and possibly other mancozeb/TPTH to mancozeb between the maximum and minimum diseases but growers may not use it treatments in terms of yield. Thus, the labeled rate [Ref. 31]. The current extensively due to its higher cost per Agency believes that if TPTH were not maximum labeled seasonal use rate is acre. The rest of the registered available, growers could use mancozeb 0.5 lbs ai/A in all states (or two alternative fungicides appear to have at 0.80 to 1.60 lbs ai/A without any applications at the maximum labeled limited viability for the control of pecan decrease in efficacy in the upper use rate) except Minnesota, North diseases. The scab pathogen has Midwest potato growing region. Other Dakota, and Michigan, where the developed resistance against benomyl secondary alternatives (chlorothalonil, maximum seasonal use allowed is 0.75 and thiophanate-methyl. Applications maneb and metiram) could also be used lbs ai/A (or three applications at the of dodine result in a phytotoxic without any decrease in efficacy. The maximum labeled use rate). Use of response by several pecan varieties Agency is aware that the unavailability TPTH at the highest labeled rate has [Refs. 33 and 34]. Some states suggest of TPTH might affect potato IPM been necessary in some states in recent that the use of dodine be restricted to programs. This may result in growers years due to TPTH tolerance. certain varieties or be used only during applying greater amounts of other the pre-pollination period [Ref. 35]. fungicides (chlorothalonil and EBDCs) C. Alternatives Assessment Applications of copper or sulfur may during the potato growing season than 1. Pecans. Several potential result in a phytotoxic response by pecan if TPTH use were allowed to continue. alternative fungicides are registered for foliage at high temperatures. No data are Cultural controls are practiced to pecans including: azoxystrobin, available to determine the efficacy of reduce fungal infection. These include: benomyl, copper compounds, dodine, fenarimol for control of scab. Based on (1) Planting tolerant and/or resistant fenarimol, fenbuconazole, a communication with a university varieties and (2) supplying adequate propaconazole, sulfur, thiophanate plant pathologist, fenarimol is less fertilizer and water to maintain plant methyl, and ziram. TPTH is a protectant efficacious than TPTH [Ref. 30]. vigor and reduced susceptibility to fungicide having a multi-site mode of Cultural controls are practiced to fungal infection [Ref. 42]. However, action which controls all dominant reduce scab infection. These include fungicides are still needed for fungal diseases (such as scab, downy pruning the tree for better air circulation acceptable disease control. spot, brown leaf spot, powdery mildew, and the use of resistant varieties [Refs. 3. Sugarbeets. The most viable liver spot, and leaf blotch) of pecans. No 36, 37 and 38]. However, these non- alternatives to TPTH are tetraconazole alternative fungicide is claimed to chemical controls alone cannot provide (currently only available under an control all of the diseases listed on acceptable control of scab. emergency exemption) and mancozeb. If labels as being controlled by TPTH [Ref. 2. Potatoes. TPTH is registered for TPTH were no longer registered there 32]. control of early blight, Alternaria solani, could be two possible scenarios: (1) Published data were not available for and late blight, Phytophthora infestans. Mancozeb and tetraconazole (under an the Agency to determine the efficacy of Registered alternative fungicides to emergency exemption or full TPTH compared to registered TPTH for control of early and/or late registration) are available, and (2) alternatives for control of scab. Due to blight include those that are protective mancozeb alone is available. If this lack of data, the Agency spoke with (chlorothalonil, copper compounds, mancozeb and tetraconazole are experts familiar with scab to determine metalaxyl, and the ethylene available, sugarbeet growers will use pecan yield impacts without the use of bisdithiocarbamates (EBDCs), such as them in alternation to achieve a TPTH. Based on expert input, it appears mancozeb, maneb, and metiram) and comparable disease control [Ref. 43]. that pecan diseases can be controlled those with protective, systemic and Tetraconazole is a locally systemic using registered alternatives, but curative properties (azoxystrobin, fungicide and is more efficacious than production costs will increase. The cymoxanil, dimethemorph, metalaxyl). TPTH or mancozeb in controlling the experts also claimed that the pecan Growers use TPTH in the late season pest. Using a combination of growers are already on the verge of to control pathogen sporulation to tetraconazole and mancozeb, the bankruptcy, and if the production costs prevent tuber blight phase of the growers are not likely to suffer any yield were to increase, then many small pecan disease. Recently registered fungicides loss. The Agency is currently reviewing growers may be forced out of business. (azoxystrobin, dimethemorph, and an application for registration of All experts believed that in the absence cymoxanil) also have antisporulation tetraconazole, which could be granted of TPTH, propaconazole and activity against the late blight pathogen. within the coming year. start fenbuconazole would be used for scab However, TPTH is preferred due to its If both TPTH and tetraconazole were control. In the southern states, pecans lower per acre treatment costs, not available, then the growers would are sprayed approximately 6–8 times reasonable efficacy and because it has a have no choice but to use mancozeb per year with different fungicides different mode of action than the other alone. Based on two comparative (mostly TPTH, propaconazole and registered alternatives, diminishing the performance studies the Agency fenbuconazole). The researchers likelihood of resistance development estimates sugarbeet growers would most estimated that replacing TPTH with [Refs. 27 and 32]. likely use mancozeb without a decrease propaconazole and fenbuconazole will Chlorothalonil, mancozeb and in efficacy if the spraying frequencies not impact the yield but pecan azoxystrobin are also effective in are doubled [Ref. 44]. The Agency production costs will be increased due controlling early blight disease on estimates that seven mancozeb to higher fungicide costs. In addition, potatoes. Based on three field studies, applications would be needed compared since propaconazole and fenbuconazole EPA concluded that combinations of to a total of four with TPTH. This belong to the triazole group of TPTH/mancozeb fungicide applications increased number of applications and fungicides, their extensive use may provide either equal or greater efficacy the higher application rate of using result in pest resistance due to their than any other fungicide application for EBDC fungicides would lead to an similar modes of action [Ref. 27]. control of early blight [Refs. 39, 40 and increase in the pesticide load on During 1999, azoxystrobin was also 41]. However, a statistical analysis of sugarbeets of about 10 lbs a.i./A, registered for use on pecan against scab. the data indicates that there were no resulting in a negative impact on

VerDate 112000 13:31 Oct 19, 2000 Jkt 194001 PO 00000 Frm 00014 Fmt 4701 Sfmt 4703 E:\FR\FM\20OCN2.SGM pfrm04 PsN: 20OCN2 Federal Register / Vol. 65, No. 204 / Friday, October 20, 2000 / Notices 63187 sugarbeet IPM programs. Exclusive clothing which must be worn by all established by the Agency. The notice reliance on a single fungicide could also persons handling TPTH (i.e., also failed to note two immunotoxicity result in resistance development and impermeable gloves, long pants, long- studies submitted to the Agency in impede the ability of farmers to manage sleeved shirt, hat and boots) and January 1983. The registrants concluded resistance through use of multiple appropriate respiratory protection. that the first study, conducted with fungicides with different modes of Since the Registration Standard was male mice dosed at 2.5 mg/kg/day for 10 action [Ref. 32]. issued, the registrant has voluntarily days produced no indication of Other registered fungicides on required closed mixing/loading systems immunosuppressive effect as indicated sugarbeets include benomyl, for aerial applications, adoption of by a reduction of spleen or thymus thiophanate-methyl and thiabendazole, mechanical transfer systems for all weights. The second study was a 14-day and copper compounds. These liquid formulations and packaging of subchronic study. They concluded that fungicide are not considered viable the wettable powder formulation in the immunological status of mice alternatives due to the development of water soluble packets. These receiving TPTH was not impaired until Cercospora leafspot isolates resistant to requirements are equally protective of doses administered were overtly toxic as these fungicides [Ref. 45]. Cercospora male and female pesticide applicators indicated by loss of body weight or leafspot resistance to TPTH has not handling pesticide products containing mortality. The NOAEL for occurred in the United States but has TPTH. Secondly, the Registration immunotoxicity was 5 mg/kg/day. been reported in Greece where there has Standard also requires the classification Response. The Agency acknowledges been extensive and exclusive use of the of TPTH as a restricted use pesticide, that guidelines for immunotoxicity fungicide on sugarbeets [Ref. 25]. which provides greater controls to testing were not available at the time of Cultural practices can mitigate disease ensure proper pesticide handling and the PD 1. EPA reviewed both studies incidence, but none of the practices can use. The Agency believes that these referenced by American Hoescht provide commercially acceptable restrictions will effectively minimize Corporation in developing the TPTH control without the use of fungicides. risks to female and male applicators by Registration Standard. In the first study, These non-chemical control practices reducing the potential for exposure. only a single dose of TPTH was made. include the planting of resistant 2. Comment. American Hoechst The Agency concludes that this study varieties and long crop rotations [Ref. Corporation disagrees with the Agency’s does not adequately determine whether 36]. position that TPTH produces teratogenic TPTH can affect the thymus. The effects and that a NOAEL has not been Agency believes the second study did VI. Agency Evaluations of Comments to determined in the two previously not demonstrate a definite NOAEL for the PD 1 reviewed rat teratogenicity studies [Refs. TPTH. A decrease in spleen weight A. Public Comments and Agency 5 and 46]. American Hoechst and M&T occurred at the lowest dose tested (2.5 Responses to the Toxicological Chemicals had the rat teratology study mg/kg/day). The study also showed a Concerns contained in the PD 1 by Battelle Columbus Laboratories [Ref. consistent increase in response to T- 3] peer reviewed by two independent dependent antigen. In addition, Although no comments relating to the sources and submitted the results of decreased leukocyte counts were carcinogenicity or inhalation toxicity those reviews. One reviewer found that observed at all dosage levels of TPTH, were received in response to the PD 1, 2.8 mg/kg/day was clearly a NOAEL for except at 10 mg/kg/day. Based on the the Agency did receive a number of teratogenicity while the second reviewer results of these studies, the Agency comments relating to the toxicity and was unable to identify a no effect level required additional data in the immunotoxicity of TPTH. A summary of from the data available. In addition, Registration Standard, which were these comments and the Agency’s American Hoechst submitted the results assessed as part of the TPTH responses follow. of a teratology study of triphenyltin Registration Eligibility Decision. 1. Comment. The American Civil fluoride (TPTF) that had been A single comment relating to the Liberties Union (ACLU) commented that previously submitted to EPA. The reproductive effects toxicity of TPTH they take strong exception to any action NOAEL for this study was 3.0 mg/kg/ was received in response to the PD 1. A that merely requires warning labels day. summary of this comment and the directed at pregnant or fertile women. In Response. The submissions from Agency’s response follows. addition, they believe that labeling is American Hoechst Corporation do not Comment. The ACLU also commented not an adequate or appropriate satisfactorily eliminate concerns that the Agency has not given equal substitute for regulating toxic exposures regarding the teratogenicity of TPTH priority to potential testicular effects and does not protect the reproductive because no new information was associated with exposure of males to health of male workers. presented to the Agency. Although these TPTH. Response. In the Registration studies provided sufficient data to Response. In the PD 1, the Agency Standard, the Agency required several assure that TPTH is not teratogenic in stated its concerns regarding data measures designed to minimize risks rats at dose levels up to and including suggesting that TPTH may produce from exposure to TPTH while additional 8.0 mg/kg/day, these studies did result decreased testicular weights in studies were conducted to clarify the in developmental and maternal toxicity. laboratory animals. As discussed above, exact nature of the developmental Second, the registrant did not provide Hoechst-Celanese Corporation effects. To alert female pesticide new information indicating that a submitted a rat two-generation applicators about the potential for NOAEL exists in the two rat studies. reproduction study in which there were teratogenic effects, a label statement Third, the teratology study with TPTF no specific effects of TPTH on the actual indicating that ‘‘TPTH causes birth also indicated hydroureter as a fetal reproductive performance of the test defects in laboratory animals and that lesion. The initial reviewer of this study animals. Based on the results of this exposure during pregnancy should be classified this compound as a teratogen. study, the Agency’s concern regarding avoided’’ was required for all TPTH 3. Comment. American Hoechst adverse reproductive effects has been products. In addition, the Agency Corporation commented that the PD 1 rebutted by the TPTH registrants. imposed additional regulatory failed to note that guidelines for A single comment relating to the requirements including protective immunotoxicity have not been toxicity to non-target organisms of

VerDate 112000 13:31 Oct 19, 2000 Jkt 194001 PO 00000 Frm 00015 Fmt 4701 Sfmt 4703 E:\FR\FM\20OCN2.SGM pfrm04 PsN: 20OCN2 63188 Federal Register / Vol. 65, No. 204 / Friday, October 20, 2000 / Notices

TPTH was received in response to the staying clear of the swath he made in This information has been included in PD 1. A summary of this comment and the previous pass. the sugarbeet site analysis. the Agency’s response follows. Response. Several worker exposure 2. Comment. The University of Comment. One pecan grower noted studies are available indicating that Georgia, College of Agriculture, that grazing cattle in TPTH-treated exposure does occur to workers even Cooperative Extension Service, pecan groves did not adversely affect with the use of protective clothing and submitted information on both chemical the cattle or other nontarget organisms. equipment. Even with state-of-the-art and cultural control methods to reduce Response. The registered labels for the protective clothing and equipment, scab epidemics on pecans. The use of TPTH on pecans has a restriction worker exposure to TPTH does occur. comment stated that scab is the major against the grazing of livestock in With the new mitigation measures in pecan disease in the state. Infection treated areas. Therefore, this practice is place and reduction in application rates, results in a decrease in nut weight and in violation of FIFRA. It should also be these exposures are no longer expected quality. The comment also mentioned noted that grazing cattle in treated areas to result in unreasonable risk to that TPTH is the material that provides can result in residues in meat and milk, workers. Aerial applicators are also effective control of scab and other minor thereby contributing to human dietary required to be in enclosed cockpits diseases on pecans. The low cost of the exposure and risk. when applying TPTH. EPA data do not fungicide also makes TPTH a popular support anecdotal assertions that pilots fungicide for pecan disease control. B. Public Comments and Agency who make spray passes up wind avoid The comment discussed the use of Responses to the Occupational and any pesticide exposure. resistant varieties for control of scab. Residential Exposure Discussion 4. Comment. Aerial applicators apply Most of the old resistant varieties found Contained in the PD 1 about 75% of the fungicides to in pecan groves today were introduced because of their resistance to scab. Comments relating to exposure to sugarbeets in Minnesota and North However, the scab fungus has been able TPTH were received in response to the Dakota. These applicators are schooled to overcome this resistance resulting in PD 1. A summary of those comments in the safe application of pesticides. All an increase in scab infection. The and the Agency’s responses follow. field marking is done automatically and introduction of new pecan varieties 1. Comment. There has been some no people are in the field for this does not provide acceptable scab concern from EPA about exposure, but purpose during application. Ground resistance. The development of 85 to 90 percent of the spray operations boom sprayers are pulled with tractors resistance by the scab fungus to in Georgia are made from an air- with closed cabs and in most cases, air introduced pecan varieties and the conditioned tractor cab or enclosed cab. conditioned cabs which further reduces limited amount of available pecan Response. The Agency has taken applicator exposure. germplasm indicate that varietal enclosed cabs into account in its revised Response. The Agency has resistance may not be an acceptable risk assessment. Since EPA issued the incorporated relevant protective method of control. PD 1, all TPTH labels were amended to measures, such as use of enclosed cabs The comment also addressed require closed cab tractors during and protective clothing in its revised registered alternative fungicides to application to registered crops. risk assessment. TPTH, specifically benzimidazole 2. Comment. It is very rare to find a C. Public Comments and Agency fungicides (benomyl and thiophanate- woman involved in a pecan spray Responses to the Benefits and methyl) and dodine. Applications of operation. Evaluation of Alternatives Contained in dodine result in a phytotoxic response Response. The Agency is concerned the PD 1 to many pecan varieties. Pecan about exposure to men as well as phytotoxicity to dodine was also women from exposure to TPTH. In the Over 490 comments to the TPTH PD1 addressed by several other comments absence of data, the Agency assumes were received and reviewed by the from both the university and pecan that TPTH exposure to both male and Agency for information useful to the grower community. Scab resistance to female workers may potentially result in assessment of fungicidal benefits of benzimidazole fungicides has been developmental effects, even though it is TPTH applications. Useful information reported in several pecan orchards. Pest not known whether exposure to males includes that on efficacy, use practices, resistance has resulted in the failure of results in developmental effects because alternative control measures, economic this class of fungicides to control scab. male animals were not included in the impact, and extent of usage. The Response. The Agency acknowledges developmental toxicity studies. The majority of the comments were the importance of TPTH for control of Agency believes that this is a reasonable endorsements of the benefits of TPTH pecan scab and the lack of comparable assumption because data are available for agricultural production. However, no chemical and non-chemical methods of for other chemicals indicating that data were submitted to support the scab control. This information was adverse developmental effects can occur benefits of TPTH in these testimonial reflected in the pecan site analysis. with males. In addition, the Agency is comments. Responses to comments 3. Comment. The North Dakota State also concerned about carcinogenicity, providing information on the benefits to University/University of Minnesota inhalation toxicity and immunotoxicity TPTH are listed below. Cooperative Extension Service which clearly affected both males and 1. Comment. Several sugarbeet grower submitted data on the comparative females in the laboratory studies. groups commented on the comparative performance of mancozeb and TPTH for 3. Comment. An aerial applicator efficacy of mancozeb and TPTH for control of Cercospora leafspot and noted that mixer/loaders are equipped control of Cercospora leafspot. These subsequent yield effects on sugarbeets. with rubber gloves, goggles, a respirator, groups stated that if TPTH were not The conclusions presented in the data long-sleeved shirts, long pants and boots available, greater amounts of mancozeb indicated that TPTH was the most which essentially eliminates the would be needed for disease control. efficacious fungicide for control of possibility of dermal contact. In Response. The Agency agrees that Cercospora leafspot compared to EBDCs addition, the pilot himself has no additional mancozeb applications and an untreated control. exposure due to the fact that he makes would be needed in the absence of Response. The data provide a trend each spray pass to the up wind side TPTH for control of Cercospora leafspot. indicating that TPTH is a more

VerDate 112000 13:31 Oct 19, 2000 Jkt 194001 PO 00000 Frm 00016 Fmt 4701 Sfmt 4703 E:\FR\FM\20OCN2.SGM pfrm04 PsN: 20OCN2 Federal Register / Vol. 65, No. 204 / Friday, October 20, 2000 / Notices 63189 efficacious fungicide in terms of disease limited availability due to local 5. Carlton, B.D.; Connell, M.M. (1981). severity, total yields and recoverable restrictions, and higher cost. Final Report on Evaluation of the sugar. However, these differences were Unavailability of TPTH could also result Teratogenicity of Triphenyltin Hydroxide not consistently statistically different. in increased use of EBDC fungicides, (TPTH) in the Sprague-Dawley Rat: Project No. NO723–0200. (Unpublished study Thus, the Agency concludes sugarbeet which are used at shorter intervals than received Mar 2, 1982 under 148–689; growers could replace TPTH with TPTH and at higher rates, resulting in a prepared by Battelle, submitted by mancozeb without facing a significant higher overall volume of pesticide use Thompson-Hayward Chemical Co., Kansas difference in marketable yields. and environmental loading. City, KS.; CDL:070696–A) (MRID 00094903). 6. Kavlock, Robert J. Triphenyltin VII. Risk/Benefit Analysis C. Conclusions Hydroxide Developmental Toxicology Study, A. Summary of Risk Based on its risk and benefits EPA, Health Effects Research Laboratory, assessment, the Agency has concluded RTP, March 28, 1985. EPA has evaluated the risk posed by 7. Bates, D. (1985). A Teratology Study in TPTH to workers mixing, loading and that the risks associated with the use of Rats with Triphenyltin Hydroxide: Final applying the pesticide to pecans, TPTH in accordance with current label Report: Project No. WIL–39011. Unpublished sugarbeets and potatoes. Developmental restrictions are not unreasonable. study prepared by WIL Research toxicity MOE estimates are greater than Therefore, benefits provided from the Laboratories, Inc. 371 p. (MRID 00144489). 100 for mixer/loaders using the flowable use of TPTH outweigh the risks. 8. Tasker, E. (1985). One Generation Teratology and Reproductive Study in Rats concentrate formulation, with the VIII. Agency’s Decision Regarding with Triphenyltin Hydroxide: Project No: exception of applications to sugar beets Special Review WIL–39013: Final Rept. Unpublished study at the maximum application rate with prepared by WIL Research Laboratories, Inc. aerial/chemigation application (MOE of EPA has concluded that the risks of 443 p. (MRID 00142878). 84), based on conservative assumptions TPTH are outweighed by the benefits of 9. American Hoechst Corp. (1986). A and a developmental NOAEL based on continued use. EPA proposes to Dietary Two-generation Reproduction Study the highest dose tested, since no LOAEL terminate the Special Review examining in Rats with Triphenyltin Hydroxide: Final was established. MOEs for mixer/ the developmental toxicity of TPTH to Report: Project No. WIL–39022. Unpublished loaders for the wettable powder workers. Label modifications study prepared by WIL Research highlighting teratogenic risks and Laboratories. 2,815 p. (MRID 00162655). formulation in water soluble bags for 10. Carlton, B.D.; Howard, M. (1982). Final aerial/chemigation application are less requiring protective gear and the adoption of engineering controls (use of Report on the Evaluation of the than 100 (ranging from 33 to 82); Teratogenicity of Triphenyltin Hydroxide however, the Agency believes these water soluble packs, closed mixing/ (TPTH) in the Syrian Golden Hamster: MOEs are actually over 100 given loading systems, and mechanical Project No. NO723–0100. (Unpublished deficiencies in the exposure study used transfer systems) have significantly study received Mar 2, 1982 under 148–689; to model this formulation (see reduced worker exposure to TPTH. The prepared by Battelle, submitted by discussion in Unit IV.E. of this availability of dermal developmental Thompson-Hayward Chemical Co., Kansas preamble). MOEs for applicators and data and data on dermal absorption City, KS.; CDL:070697–A) (MRID 00094904). have enabled the Agency to refine the 11. Miller, Victor. Memorandum to Louis harvesters are all greater than 100. Kerestesy and Eric Ferris and Susan Lewis The cancer risks to mixer/loaders 1985 risk assessment used in the PD 1, which assumed 100% dermal (all USEPA). Peer Review of Triphenyltin range from 1.0 × 10-6 to 6.3 × 10-5 for Hydroxide (TPTH), Tox. Chemical No. 896E. mixing/loading the liquid formulation, absorption and minimal worker January 9, 1991. and range from 2.4 × 10-6 to 1.5 × 10-4 protection. The risks associated with 12. Nemec, M. (1993). A Developmental for mixing/loading the wettable powder exposure to TPTH are thus considered Toxicity Study of Triphenyltin Hydroxide formulation in water soluble bags to be outweighed by the benefits derived (TPTH) Administered Dermally in Rabbits: (WSBs). The estimated risk for the from its use. The Agency believes that Final Report: Lab Project Number: WIL– wettable powder in WSBs for aerial/ exposure to TPTH does not pose an 160012. Unpublished study prepared by WIL unreasonable risk to workers or the Research Labs, Inc. 493 p. (MRID 42909101). chemigation application is considered 13. Tennekes, H.; Horst, K.; Luetkemeier, to be an overestimate of the actual risk general public under currently labeled use conditions, which include H.; et al. (1989). TPTH Technical (Code: HOE (see Unit IV.E. of this preamble). Thus, 029664 of ZD97 0004) Chronic Toxicity/ mixer/loader cancer risks for all use classification as a Restricted Use Oncogenicity: 104-week Feeding Study in scenarios are believed to be less than 1.0 Pesticide, engineering controls and Rats: Laboratory Project ID No. 046980. × 10-4. Cancer risks for TPTH applicators protective clothing requirements. Unpublished study prepared by Research & range from 1.1 × 10-6 to 3.8 × 10-5. IX. Bibliography Consulting Co. AG. in cooperation with Cancer risks are less than 1.0 × 10-4 after Experimental Pathology Services, ANAWA 21 days and for pecan harvesters are less 1. U.S. Environmental Protection Agency Laboratories AG and Cytotest Cell Research × -4 (USEPA). Triphenyltin Hydroxide Pesticide GmbH & Co. KG. 2116 p. (MRID 41085702). than 1.0 10 for post-application Registration Standard and Guidance 14. Tennekes, H.; Horst, K.; Luetkemeier, maintenance activities after 48 hours. Document, September 1984. H.; et al. (1989). TPTH Technical (Code: HOE B. Summary of Benefits 2. U.S. Environmental Protection Agency. 029664 of ZD97 0004) Oncogenicity: 80-week Reregistration Eligibility Decision (RED): Feeding Study in Mice: Laboratory Project ID If TPTH were unavailable, growers Triphenyltin Hydroxide (TPTH), November No. 047002. Unpublished study prepared by would have to use greater quantities of 1999. Research & Consulting Co. AG in cooperation alternative fungicides. Some of these 3. U.S. Environmental Protection Agency. with Experimental Pathology Services and may not provide as effective control as Triphenyltin Hydroxide: Toxicology Branch ANAWA Laboratories AG and CCR. 1428 p. TPTH. Reliance on available Chapter for the RED, Memorandum from (MRID 41085701). alternatives, without the ability to rotate John Doherty to Angel Chiri, March 22, 1999. 15. U.S. Environmental Protection Agency. 4. Rodwell, D. (1987). An Embryotoxicity Peer Review of Triphenyltin Hydroxide in TPTH treatments, could also result in Study in Rabbits with Tri-phenyltin (TPTH), Memorandum from Roy Sjoblad to an increased likelihood of resistance Hydroxide: Laboratory Project No. WIL– Jack Housenger, 1990. development. Additional possible 39012. Unpublished study prepared by WIL 16. Doherty, John and Copley, Marion. disadvantages of using alternative Research Laboratories. 308 p. (MRID Memorandum to Jack Housenger (USEPA) fungicides include phytotoxicity, 40104801). and Cynthia Giles-Parker (USEPA).

VerDate 112000 13:31 Oct 19, 2000 Jkt 194001 PO 00000 Frm 00017 Fmt 4701 Sfmt 4703 E:\FR\FM\20OCN2.SGM pfrm04 PsN: 20OCN2 63190 Federal Register / Vol. 65, No. 204 / Friday, October 20, 2000 / Notices

Triphyltin Hydroxide: HED Peer Review 26. Stevenson, W. 1992. University of Circular ANR–54. Auburn University, Committee verification of the inclusion of rat Wisconsin. Personal communication to P.I. Auburn, AL. pituitary data for quantitative carcinogenic Lewis (USEPA). March 9, 1992. 38. Latham, A.J. Carden, E.L., and risk assessment. June 29, 1992. 27. U.S. Environmental Protection Agency. McDaniel, N.R. (1988). Highlights of 17. U.S. Environmental Protection Agency. Triphenyltin Hydroxide (TPTH) Benefits Agricultural Research. 35:10. Alabama TPTH (Triphenyltin Hydroxide): HED Analysis, Memorandum from Tara Chand- Agricultural Experiment Station. Auburn Revised Risk Assessment for the Goyal and John Faulkner to Robert McNally/ University, Auburn, AL. Reregistration Eligibility Decision (RED) Loan Phan, August 15, 1999. 39. Stevenson, W.R. and Gilson, F.A. Document, Memorandum from Sarah Levy to 28. Latham, H.A. and Hammond, J.M. (1982). Control of potato early and late blight Loan Phan, September 21, 1999. 1983. Control of Cladosporium caryigenum with foliar fungicide sprays, 1981. Fungicide 18. U.S. Environmental Protection Agency. on pecan leaves and nut shucks with and Nematicide Test Results. 37:157. propaconazole (CGA–64250). Plant Disease Triphenyltin Hydroxide (TPTH)—Report of 40. Stevenson, W.R., James, R.V., and 67:1136–1139. the Hazard Identification Assessment Review Stewart, J.S. (1991). Wisconsin Vegetable 29. Hare, J.D.; Logan, P.A.; and Wright, R.J. Committee, Memorandum from John Doherty Disease Trials—1990. University of 1983. Suppression of Colorado potato beetle, Wisconsin. and Jess Rowland to Christina Scheltema, Leptinotarsa decemlineata, (Say) (Coleoptera: 41. Stevenson, W.R., Stewart, J., Pscheidt, November 13, 1998. Chrysomelidae) Populations with J., and Sanderson, P. (1986). Evaluation of 19. U.S. Environmental Protection Agency Antifeedant Fungicides. Environmental foliar sprays for control of potato early blight, (USEPA). Federal Register Notice (61 FR Entomology. 12:1470–77. 1985. Fungicide and Nematicide Tests. 36298). July 10, 1996. 30. White, L.V. Griffin Corporation. 1991. 41:105. 20. U.S. Environmental Protection Agency, Personal communication to J. Lamb. Jellinek, 42. Binning, L.K. et al. (1991). Commercial Revised Occupational and Residential Schwartz, Connolly, Freshman, Inc. August Vegetable Production in Wisconsin. Exposure Assessment and Recommendations 16, 1991. University of Wisconsin. Madison, WI. for the Reregistration Eligibility Decision 31. Jones, R. 1992. University of 43. Lamey, H.A. (1999). Department of Document for Triphenyltin Hydroxide Minnesota. Personal communication to P.I. Plant Pathology, North Dakota State (TPTH), Memorandum from Kelly O’Rourke Lewis. USEPA. March 25, 1992. University, Fargo, ND. Personal to Sarah Law, September 14, 1999. 32. U.S. Environmental Protection Agency. communications to Tara Chand-Goyal 21. Bookbinder, M. (1995). Exposure of Review of Supplemental Information (Letters, (USEPA) in October and November, 1999. Workers Mixing/Loading Super-Tin 80WP Faxes and E-Mails from the Growers, 44. Ely, C. (1985). Covington and Burling. (Triphenyltin Hydroxide: TPTH) Fungicide Commodity Groups and University Washington, DC. Comments on behalf of for Application to Pecan Groves in Georgia: Researchers) to Update TPTH Benefits Based American Hoechst Corporation, Duphar, (Final Report): Lab Project Number: on Fungicide Resistance Management on Griffin Corporation, M&T Chemical Inc., and AA930104. Unpublished study prepared by Pecans, Potatoes, and Sugarbeets, Wesley Industries, Inc. in Response to the American Agricultural Services, Inc. and Memorandum from Tara Chand-Goyal to Notice of Special Review for Pesticide Nancy Zahedi/Robert McNally, November Griffin Corp. Chemical Services. 602 p. Products Containing Triphenyltin Hydroxide 1999. (MRID 43599401). (TPTH). 33. Brown, S. Crocker, T.F., Ellis, H.C., and 22. Lewis, Paul and Scheltema, Christina. 45. Lamey, H.A. (1991). North Dakota Plant Hadden, J. (1991). Georgia pecan spray guide. Memorandum to Jude Andreasen (USEPA). Disease Control Guide. NDSU Extension The University of Georgia. Cooperative Revised Occupational Risk Assessment for Service. Fargo, ND. Extension Service. College of Agriculture. 46. Ravert, J.; Parke, G.S.E. (1976). the Use of TPTH on Pecans. March 6, 1997. 34. McVay, J.R. Estes, P. Gazaway, W.S., 23. Bookbinder, M. (1994). Exposure of Investigation of Teratogenic and Toxic Patterson, M.G. J.W. Everest and W.D. Goff. Potential of Technical Triphenyltin Workers During Reentry into Pecan Groves (1991). 1991 Commercial Pecan Insect, Treated with Super-Tin 80WP (Triphenyltin Hydroxide: Laboratory No. 6E–524. Disease and Weed Control (Unpublished study received Oct 18, 1979 Hydroxide: TPTH) Fungicide: Final Report: Recommendations. Alabama Cooperative Lab Project Number: AA930102: AA930103. under 148–689; prepared by Cannon Extension Service. Auburn University, Laboratories, Inc., submitted by Thompson- Unpublished study prepared by American Auburn, AL. Circular ANR-27. Agricultural Services, Inc. and Case Hayward Chemical Co., Kansas City, KS; 35. Littrell, R.H. and Betrand, P.F. (1981). CDL:099051–A) (MRID 00086547). Consulting Labs, Inc. 1000 p. (MRID Management of Pecan Fruit and Foliar 43557401). Diseases and Fungicides. Plant Disease List of Subjects 24. U.S. Environmental Protection Agency. 65:769–774. Review of Reentry Data Submission to 36. Horne, C.W., Amador, J.M., Johnson, Environmental protection. Support the Reregistration of Triphenyltin J.D., McCoy, N.L., Philley, G.L., Lee, T.A., Dated: September 20, 2000. Hydroxide (TPTH), Memorandum from Jeff Kaufman, H.W., Jones, R.K., Barnes, L.W. and Susan H. Wayland, Evans to Eric Feris, March 1, 1993. Black, M.C. (1988). Texas Plant Disease Acting Assistant Administrator for 25. Chrysayi-Tokousbalides, M. and Handbook. B–1140. College Station, TX. Prevention, Pesticides, and Toxic Substances. Giannopolitis, C.N. 1981. Cross-resistance in 37. Amling, H.J. Everest, J.W. Goff, W.D. Cercospora beticola to triphenyltin and McVay, J.R. (1984). Pecan Production. [FR Doc. 00–27036 Filed 10–19–00; 8:45 am] oligomycin. Plant Disease 65:267–268. Alabama Cooperative Extension Service. BILLING CODE 6560±50±F

VerDate 112000 17:15 Oct 19, 2000 Jkt 194001 PO 00000 Frm 00018 Fmt 4701 Sfmt 4703 E:\FR\FM\20OCN2.SGM pfrm11 PsN: 20OCN2 Friday, October 20, 2000

Part V

The President Notice of October 19, 2000—Continuation of Emergency With Respect to Significant Narcotics Traffickers Centered in Colombia

VerDate 112000 16:16 Oct 19, 2000 Jkt 194001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\20OCO0.SGM pfrm11 PsN: 20OCO0 VerDate 112000 16:16 Oct 19, 2000 Jkt 194001 PO 00000 Frm 00002 Fmt 4717 Sfmt 4717 E:\FR\FM\20OCO0.SGM pfrm11 PsN: 20OCO0 63193

Federal Register Presidential Documents Vol. 65, No. 204

Friday, October 20, 2000

Title 3— Notice of October 19, 2000

The President Continuation of Emergency With Respect to Significant Narcotics Traffickers Centered in Colombia

On October 21, 1995, by Executive Order 12978, I declared a national emergency to deal with the unusual and extraordinary threat to the national security, foreign policy, and economy of the United States constituted by the actions of significant narcotics traffickers centered in Colombia, and the unparalleled violence, corruption, and harm they cause in the United States and abroad. The order blocks all property and interests in property of foreign persons listed in an Annex to the order, as well as persons determined to play a significant role in international narcotics trafficking centered in Colombia, to materially assist in, or provide financial or techno- logical support for or goods or services in support of, narcotics trafficking activities of persons designated in or pursuant to the order, or to be owned or controlled by, or to act for or on behalf of, persons designated in or pursuant to the order. The order also prohibits any transaction or dealing by United States persons or within the United States in such property or interests in property. Because the activities of significant narcotics traf- fickers centered in Colombia continue to threaten the national security, foreign policy, and economy of the United States and to cause unparalleled violence, corruption, and harm in the United States and abroad, the national emergency declared on October 21, 1995, and the measures adopted pursuant thereto to deal with that emergency, must continue in effect beyond October 21, 2000. Therefore, in accordance with section 202(d) of the National Emer- gencies Act (50 U.S.C. 1622(d)), I am continuing the national emergency for 1 year with respect to significant narcotics traffickers centered in Colom- bia. This notice shall be published in the Federal Register and transmitted to the Congress. œ–

THE WHITE HOUSE, October 19, 2000. [FR Doc. 00–27250 Filed 10–19–00; 12:30 pm] Billing code 3195–01–P

VerDate 112000 16:16 Oct 19, 2000 Jkt 194001 PO 00000 Frm 00003 Fmt 4705 Sfmt 4790 E:\FR\FM\20OCO0.SGM pfrm11 PsN: 20OCO0 i

Reader Aids Federal Register Vol. 65, No. 204 Friday, October 20, 2000

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING OCTOBER

Federal Register/Code of Federal Regulations At the end of each month, the Office of the Federal Register General Information, indexes and other finding 202±523±5227 publishes separately a List of CFR Sections Affected (LSA), which aids lists parts and sections affected by documents published since the revision date of each title. Laws 523±5227 3 CFR by PLO 7465)...... 61183 11625 (See 13170)...... 60827 Presidential Documents Proclamations: 13169...... 60581 Executive orders and proclamations 523±5227 7346...... 59311 13170...... 60827 The United States Government Manual 523±5227 7347...... 59313 13171...... 61251 7348...... 59315 Administrative Orders: 7349...... 59317 Other Services Presidential Determinations: 7350...... 59321 No. 2000±30 of Electronic and on-line services (voice) 523±4534 7351...... 59329 Privacy Act Compilation 523±3187 September 19, 7352...... 60567 2000 ...... 59339 Public Laws Update Service (numbers, dates, etc.) 523±6641 7353...... 60569 No. 2000±31 of TTY for the deaf-and-hard-of-hearing 523±5229 7354...... 60571 September 28, 7355...... 60573 2000 ...... 59695 7356...... 60575 ELECTRONIC RESEARCH No. 2000±32 of 7357...... 60577 September 29, World Wide Web 7358...... 60579 2000 ...... 59697 7359...... 60831 No. 2000±33 of Full text of the daily Federal Register, CFR and other 7360...... 60833 publications: September 29, 7361...... 60835 2000 ...... 59699 http://www.access.gpo.gov/nara 7362...... 61255 (Amended by proc. Notices: Federal Register information and research tools, including Public October 19, 2000...... 63193 Inspection List, indexes, and links to GPO Access: 7364) ...... 62575 7363...... 61257 5 CFR http://www.nara.gov/fedreg 7364...... 62575 351...... 62991 E-mail 7365...... 62985 7366...... 62987 430...... 60837 PENS (Public Law Electronic Notification Service) is an E-mail 7367...... 62989 591...... 58901 service for notification of recently enacted Public Laws. To 1201...... 58902 Executive Orders: 8301...... 58635 subscribe, send E-mail to July 9, 1910 (Revoked [email protected] by PLO 7465)...... 61183 7 CFR with the text message: July 29, 1910 (Revoked by PLO 272...... 59105 subscribe PUBLAWS-L your name 7465) ...... 61183 274...... 59105 301...... 61077 Use [email protected] only to subscribe or unsubscribe to November 25, 1910 932...... 62992 PENS. We cannot respond to specific inquiries. (Revoked by PLO 7465) ...... 61183 956...... 61080 Reference questions. Send questions and comments about the 1230...... 62577 Federal Register system to: January 12, 1911 (Revoked by PLO Proposed Rules [email protected] 7465) ...... 61183 210...... 60502 The Federal Register staff cannot interpret specific documents or December 21, 1911 226...... 60502 regulations. (Revoked by PLO 235...... 60502 7465) ...... 61183 245...... 60502 457...... 62311 FEDERAL REGISTER PAGES AND DATE, OCTOBER April 29, 1912 (Revoked by PLO 905...... 58672, 60121 944...... 58672, 60121 58635±58900...... 2 7465) ...... 61183 June 10, 1912 1210...... 61122 58901±59104...... 3 1412...... 59759 59105±59338...... 4 (Revoked by PLO 7465) ...... 61183 59339±59694...... 5 8 CFR July 14, 1913 59695±60092...... 6 (Revoked by PLO 204...... 63118 60093±60338...... 10 7465) ...... 61183 234...... 58902 60339±60568...... 11 June 6, 1914 (Revoked 245...... 63118 60569±60830...... 12 by PLO 7465)...... 61183 299...... 61259 60831±61076...... 13 October 9, 1917 Proposed Rules: 61077±61254...... 16 (Revoked by PLO 3...... 60384 61255±62274...... 17 7465) ...... 61183 212...... 60384 October 20, 1917 62275±62576...... 18 9 CFR 62577±62990...... 19 (Revoked by PLO 331...... 62579 62991±63194...... 20 7465) ...... 61183 December 22, 1919 391...... 60093 (Revoked by PLO 590...... 60093 7465) ...... 61183 Proposed Rules: June 6, 1929 (Revoked 1...... 62650

VerDate 11-MAY-2000 17:07 Oct 19, 2000 Jkt 194001 PO 00000 Frm 00001 Fmt 4712 Sfmt 4712 E:\FR\FM\20OCCU.LOC pfrm11 PsN: 20OCCU ii Federal Register / Vol. 65, No. 204 / Friday, October 20, 2000 / Reader Aids

2...... 62650 45...... 58878 291...... 60324 117 ...... 59126, 60359, 60360, 71 ...... 59762, 59763, 59764, 880...... 61072 60361 10 CFR 60385, 61125, 61126, 61127, 881...... 61072 154...... 62288 1...... 59270 62653, 62654, 62655, 62656 883...... 61072 165 ...... 58654, 58655, 62286, 2...... 59270 888...... 58870 62289, 62290, 62292 72...... 60339, 62581 15 CFR 982...... 58870 Proposed Rules: 13...... 59270 101...... 59714 985...... 58870 117...... 59780 434...... 60000 705...... 62599 Proposed Rules: 435...... 60000 732...... 62600 888...... 60084 36 CFR 830...... 60292 734...... 60852, 62600 Proposed Rules: Proposed Rules 738...... 60852 25 CFR 1190...... 58974 72...... 60384 740...... 60852, 62600 20...... 63144 1191...... 58974, 62498 140...... 61283 742 ...... 58911, 60852, 62600 1258...... 60862 430 ...... 59550, 59590, 59761 743...... 60852 26 CFR 744...... 60852, 62600 1 ...... 58650, 60585, 61091, 38 CFR 12 CFR 748...... 60852, 62600 61268 21 ...... 59127, 60499, 60724, 41...... 63120 770...... 62600 602...... 61268 61100 222...... 63120 772...... 62600 Proposed Rules: Proposed Rules: 226...... 58903 774 ...... 58911, 60852, 62600 1 ...... 58973, 59774, 60136, 3...... 61132 263...... 60583 902...... 61264 61292 334...... 63120 922...... 60096 5f...... 61292 39 CFR 20...... 63025 509...... 61260 16 CFR 20...... 60361 510...... 61260 31...... 61292 111...... 61102 563b...... 60095 1...... 60857 301...... 60822 Proposed Rules: 571...... 63120 311...... 60857 111...... 58682 27 CFR 575...... 60095 Proposed Rules: 502...... 58682 Proposed Rules: Ch. II ...... 58968 4...... 59719 563b...... 60123 307...... 60899 Proposed Rules: 40 CFR 575...... 60123 313...... 59766 9...... 61129 9...... 59894 17 CFR 35...... 58850 13 CFR 28 CFR 52 ...... 59128, 59727, 60101, 121...... 60342 4...... 58648 0...... 60100 61104, 62295, 62620, 62624, Proposed Rules: 30...... 60558, 60560 541...... 59725 62626 119...... 60256 Proposed Rules: 60...... 61744 29 CFR 126...... 58963 240...... 59766 61...... 61744 1952...... 62610 63...... 59894, 61744 14 CFR 18 CFR 2520...... 62958 81 ...... 59128, 60362, 62295 25...... 60343 284...... 59111 4022...... 60859 85...... 59896 39 ...... 58640, 58641, 58645, 4044...... 60859 86...... 59896 19 CFR 132...... 59738 58647, 59701, 59703, 59705, 30 CFR 59707, 59709, 59710, 60347, 10...... 59650, 59668 180 ...... 59346, 61270, 62629, 60349, 60845, 60846, 60848, 163...... 59650, 59668 42...... 59048 62631, 62634 47...... 59048 271...... 59135, 61109 60850, 61083, 61085, 61262, 20 CFR 62275, 62276, 62280, 62281, 56...... 59048, 61270 300...... 58656, 61112 62994, 62999, 63001, 63003, Proposed Rules: 57...... 59048, 61270 403...... 59738 63005, 63006 404...... 58970, 60584 62...... 61270 Proposed Rules: 61...... 60334 416...... 58970, 60584 70...... 61270 52 ...... 58698, 59154, 59782, 63...... 60334 71...... 61270 60141, 60144, 61133, 61134, 21 CFR 65...... 60334 77...... 59048 62319, 62657, 62658, 62666, 71 ...... 59341, 59711, 59712, 25...... 60499 206...... 62612 62668, 62671, 62675, 62677, 60352, 61087 73...... 59717, 60253 Proposed Rules: 62679, 62681 73...... 59341 101...... 58917 920...... 59150 63...... 58702, 62414 91...... 60352 172...... 60858 946...... 59152 81 ...... 59154, 60362, 62319 93...... 60352 510...... 60097, 60585 82...... 59783 97 ...... 59342, 59345, 63009, 522...... 61090 31 CFR 123...... 59385 63010, 63013 526...... 61091 Proposed Rules: 141...... 63027 108...... 60334 556...... 61091 205...... 60796 142...... 63027 121...... 60334, 60352 601...... 59718 271...... 59155, 61135 135...... 60334, 60352 801...... 62282 32 CFR 403...... 59791 187...... 59713 862...... 62285 706 ...... 61092, 61093, 61094, 721...... 62319 383...... 61089 872...... 60098 61095, 61096, 61097, 61098, 1601...... 59155 401...... 62812 Proposed Rules: 61099, 62614 417...... 62812 801...... 62317 724...... 62614 41 CFR 420...... 62812 733...... 62615 Ch. 301 ...... 62637 1260...... 62900 22 CFR 734...... 62616 101±40...... 60060 1274...... 62900 Proposed Rules: 752...... 60861 102±117...... 60060 Proposed Rules: 51...... 60132 765...... 62619 Proposed Rules: 36...... 59634, 61125 1615...... 60100 60±1...... 60816 39 ...... 58675, 58678, 58681, 23 CFR Proposed Rules: 60±250...... 60816 58966, 59146, 59381, 59383, 1275...... 59112 323...... 60900 60±741...... 60816 60124, 60126, 60129, 60591, 61±250...... 59684 60593, 60595, 60597, 60599, 24 CFR 33 CFR 60897, 61287, 61289, 62313, 200...... 61072 66...... 59124 42 CFR 62315, 62650, 62651, 63023 203...... 60320 100...... 58652 36...... 58918 43...... 58878 236...... 61072 110...... 62286 409...... 62645

VerDate 11-MAY-2000 17:07 Oct 19, 2000 Jkt 194001 PO 00000 Frm 00002 Fmt 4712 Sfmt 4712 E:\FR\FM\20OCCU.LOC pfrm11 PsN: 20OCCU Federal Register / Vol. 65, No. 204 / Friday, October 20, 2000 / Reader Aids iii

410...... 62645 47 CFR 52...... 60542 391...... 59362 412...... 59748 1...... 59350, 60868 53...... 60542 571...... 63014 413 ...... 58919, 59748, 60104, 2 ...... 59350, 60108, 60869 931...... 62299 Proposed Rules: 61112 20 ...... 58657, 60112, 62646 970...... 62299 1180...... 58974 422...... 59749 25...... 59140, 59749 1511...... 58921 424...... 60366 1515...... 58921 27...... 60112 50 CFR 440...... 60105 32...... 58661 1517...... 58921 1519...... 58921 441...... 60105 54...... 58662 17 ...... 58933, 60879, 62302 1523...... 58921 489 ...... 58919, 59748, 61112, 63...... 60113 20...... 58664 1528...... 58921 62645 64...... 58661 25...... 62458 1535...... 58921 498 ...... 58919, 61112, 62645 73 ...... 58920, 58921, 59144, 26...... 62458 1542...... 58921 29...... 62458 Proposed Rules: 59145, 59751, 59752, 60378, 1545...... 58921 124...... 62976 60379, 60585, 61113, 62299 223...... 60383 1552...... 58921 600...... 59752, 63118 410...... 62681 87...... 59350, 60108 1807...... 58931 447...... 60151 90...... 60379, 60869 622...... 61114 1811...... 58931 635...... 60118, 60889 1001...... 63035 95...... 60869 1815...... 58931 636...... 63021 1003...... 63035 101...... 59350, 60382 1816...... 58931 648 ...... 59758, 60118, 60586, 1005...... 63035 Proposed Rules: 1817...... 58931 60892 1008...... 63035 54...... 58721 1819...... 58931 73 ...... 59162, 59163, 59388, 1834...... 58931 660...... 59752, 63118 59389, 59796, 59797, 60163, 679 ...... 59380, 60587, 61264, 43 CFR 1837...... 58932 60387, 60602, 61299, 62683, 1843...... 58931 62646 Proposed Rules: 63043, 63044 1845...... 58931 697...... 61116 4...... 60602 76...... 60387 1852...... 58931 Proposed Rules: Proposed Rules: 17 ...... 58981, 59798, 60391, 48 CFR 60603, 60605, 60607, 61218, 44 CFR 9904...... 59504 Ch. 1 ...... 60542 62690, 62691, 63044, 63046 59...... 60758 2...... 60542 49 CFR 216...... 59164 61...... 60758 4...... 60542 172...... 60382 622...... 59170, 60163 64...... 61278, 61280 5...... 60542 173...... 60382 648...... 60396 Proposed Rules: 7...... 60542 177...... 60382 660 ...... 59813, 62692, 63047 65...... 60159 15...... 60542 375...... 58663 679...... 58727 206...... 58720 19...... 60542 386...... 58663 697...... 61135

VerDate 11-MAY-2000 17:07 Oct 19, 2000 Jkt 194001 PO 00000 Frm 00003 Fmt 4712 Sfmt 4712 E:\FR\FM\20OCCU.LOC pfrm11 PsN: 20OCCU iv Federal Register / Vol. 65, No. 204 / Friday, October 20, 2000 / Reader Aids

REMINDERS Maryland; published 9-5-00 COMMERCE DEPARTMENT due by 10-27-00; The items in this list were PERSONNEL MANAGEMENT National Oceanic and published 8-28-00 editorially compiled as an aid OFFICE Atmospheric Administration Air quality implementation to Federal Register users. Employment: Fishery conservation and plans; approval and Inclusion or exclusion from management: promulgation; various Reduction in force - - States: this list has no legal West Coast States and significance. Retreat rights; published Missouri; comments due by 10-20-00 Western Pacific fisheriesÐ 10-23-00; published 8-24- TRANSPORTATION 00 Pacific Coast groundfish; RULES GOING INTO DEPARTMENT Utah; comments due by 10- EFFECT OCTOBER 20, comments due by 10- Federal Aviation 23-00; published 10-6- 23-00; published 9-21-00 2000 Administration 00 Hazardous waste program authorizations: Airworthiness standards: Pacific Coast groundfish; AGRICULTURE Special conditionsÐ correction; comments Pennsylvania; comments DEPARTMENT due by 10-26-00; Morrow Aircraft Corp. due by 10-23-00; published 9-26-00 Agricultural Marketing Model MB-300 airplane; published 10-20-00 Service published 9-20-00 Ocean and coastal resource Tennessee; comments due Pork Promotion, Research, management: by 10-23-00; published 9- TREASURY DEPARTMENT 22-00 and Consumer Information: Marine sanctuariesÐ Program referendum; Customs Service Tennesssee; comments due Commercial submarine conduct procedures; Financial and accounting by 10-23-00; published 9- cables; installation and published 10-19-00 procedures: 22-00 maintenance; comments Hazardous waste: AGRICULTURE Endorsement of checks due by 10-23-00; DEPARTMENT deposited by agency; published 8-23-00 Corrective Action published 9-20-00 Management Units; Animal and Plant Health DEFENSE DEPARTMENT Inspection Service Vessels in foreign and comments due by 10-23- domestic trades: Federal Acquisition Regulation 00; published 8-22-00 Exportation and importation of (FAR): animals and animal Vessel equipment Superfund program: Commercial items; products: temporarily landed for National oil and hazardous nongovernmental substances contingency Canine and equine semen repair; published 9-20-00 purposes; comments due planÐ importation; published 9- by 10-27-00; published 8- 20-00 National priorities list COMMENTS DUE NEXT 28-00 update; comments due AGRICULTURE WEEK Prompt payment and by 10-23-00; published DEPARTMENT overpayment recovery; 8-24-00 Farm Service Agency AGRICULTURE comments due by 10-27- FEDERAL Federal claims collection; DEPARTMENT 00; published 8-28-00 COMMUNICATIONS administrative offset; Animal and Plant Health ENERGY DEPARTMENT COMMISSION published 8-21-00 Inspection Service Energy Efficiency and Common carrier services: AGRICULTURE Plant-related quarantine, Renewable Energy Office Foreign participation in U.S. DEPARTMENT foreign: Energy conservation: telecommunications Rural Business-Cooperative Fuji variety apples from Commercial and industrial market; rules and policies; Service Korea; comments due by equipment; energy comments due by 10-24- Federal claims collection; 10-23-00; published 8-22- efficiency programÐ 00; published 10-10-00 administrative offset; 00 Commercial packaged Wireless telecommunications published 8-21-00 AGRICULTURE boilers; test procedures servicesÐ AGRICULTURE DEPARTMENT and efficiency Gulf of Mexico Service Area; cellular service DEPARTMENT Federal Crop Insurance standards; comments and other commercial Rural Housing Service Corporation due by 10-23-00; mobile radio services; Federal claims collection; published 8-9-00 Crop insurance regulations: correction; comments administrative offset; Commercial water Forage seeding crop; due by 10-26-00; published 8-21-00 heaters, hot water comments due by 10-25- supply boilers, and published 9-26-00 AGRICULTURE 00; published 9-25-00 Radio stations; table of DEPARTMENT unfired hot water AGRICULTURE storage tanks; test assignments: Rural Utilities Service DEPARTMENT procedures and New Mexico; comments due Federal claims collection; Forest Service efficiency standards; by 10-23-00; published 9- administrative offset; comments due by 10- 15-00 published 8-21-00 Alaska National Interest Lands Conservation Act; Title VIII 23-00; published 8-9-00 Various States; comments COMMERCE DEPARTMENT implementation (subsistence Commerical air due by 10-23-00; Patent and Trademark Office priority): conditioners and heat published 9-15-00 Patent cases: Wildlife; 2001-2002 pumps; test procedures FEDERAL EMERGENCY Interference practice; subsistence taking; and efficiency MANAGEMENT AGENCY simplification of comments due by 10-27- standards; comments Disaster assistance: requirements; published 9- 00; published 8-24-00 due by 10-23-00; Cerro Grande fire published 8-9-00 20-00 State and private forestry assistance; comments due ENVIRONMENTAL assistance: ENVIRONMENTAL by 10-27-00; published 8- PROTECTION AGENCY Urban and Community PROTECTION AGENCY 28-00 Air programs; approval and Forestry Assistance Air pollutants, hazardous; FEDERAL TRADE promulgation; State plans Program; comments due national emission standards: COMMISSION for designated facilities and by 10-25-00; published 9- Cellulose products Consumer financial information pollutants: 25-00 manufacturing; comments privacy; security program;

VerDate 11-MAY-2000 17:07 Oct 19, 2000 Jkt 194001 PO 00000 Frm 00004 Fmt 4712 Sfmt 4711 E:\FR\FM\20OCCU.LOC pfrm11 PsN: 20OCCU Federal Register / Vol. 65, No. 204 / Friday, October 20, 2000 / Reader Aids v

comments due by 10-24-00; purposes; comments due Boeing; comments due by with ``P L U S'' (Public Laws published 10-6-00 by 10-27-00; published 8- 10-24-00; published 8-25- Update Service) on 202±523± GENERAL SERVICES 28-00 00 6641. This list is also ADMINISTRATION Prompt payment and Bombardier; comments due available online at http:// Federal Acquisition Regulation overpayment recovery; by 10-23-00; published www.nara.gov/fedreg. comments due by 10-27- (FAR): 10-16-00 The text of laws is not 00; published 8-28-00 Commercial items; British Aerospace; published in the Federal nongovernmental NATIONAL ARCHIVES AND comments due by 10-27- Register but may be ordered purposes; comments due RECORDS ADMINISTRATION 00; published 9-26-00 in ``slip law'' (individual by 10-27-00; published 8- Freedom of Information Act; Cessna; comments due by pamphlet) form from the 28-00 implementation; revision and 10-23-00; published 9-7- Superintendent of Documents, Prompt payment and reorganization of regulations; 00 U.S. Government Printing overpayment recovery; comments due by 10-23-00; Eurocopter France; Office, Washington, DC 20402 comments due by 10-27- published 8-23-00 comments due by 10-27- (phone, 202±512±1808). The 00; published 8-28-00 NUCLEAR REGULATORY 00; published 8-28-00 text will also be made INTERIOR DEPARTMENT COMMISSION Fairchild; comments due by available on the Internet from Rulemaking petitions: 10-27-00; published 9-1- GPO Access at http:// Fish and Wildlife Service www.access.gpo.gov/nara/ Gallagher, Charles T.; 00 Alaska National Interest Lands index.html. Some laws may comments due by 10-25- Conservation Act; Title VIII Raytheon; comments due by not yet be available. implementation (subsistence 00; published 8-11-00 10-27-00; published 9-7- priority): POSTAL SERVICE 00 H.R. 1162/P.L. 106±295 Wildlife; 2001-2002 International Mail Manual: Vulcanair S.p.A.; comments To designate the bridge on subsistence taking; Postal rates, fees, and mail due by 10-25-00; United States Route 231 that comments due by 10-27- classifications; changes; published 9-22-00 crosses the Ohio River 00; published 8-24-00 comments due by 10-26- Airworthiness standards: between Maceo, Kentucky, Endangered and threatened 00; published 9-26-00 Special conditionsÐ and Rockport, Indiana, as the ``William H. Natcher Bridge''. species: TRANSPORTATION Boeing Model 777-200 (Oct. 13, 2000; 114 Stat. Chiricahua leopard frog; DEPARTMENT series airplanes; 1043) comments due by 10-27- Coast Guard comments due by 10- 00; published 9-27-00 H.R. 1605/P.L. 106±296 Drawbridge operations: 25-00; published 9-25- Findings on petitions, etc.Ð To designate the Federal Florida; comments due by 00 building and United States Western sage grouse; 10-24-00; published 8-25- Class D airspace; comments courthouse located at 402 comments due by 10- 00 due by 10-25-00; published 23-00; published 8-24- 9-25-00 North Walnut Street in Vessel documentation and Harrison, Arkansas, as the ``J. 00 Class D and Class E4 measurement: Smith Henley Federal Building INTERIOR DEPARTMENT airspace; comments due by Vessel ownership and and United States Surface Mining Reclamation 10-23-00; published 9-22-00 financing; citizenship Courthouse''. (Oct. 13, 2000; and Enforcement Office standards; comments due Class E airspace; comments 114 Stat. 1044) Permanent program and by 10-25-00; published 7- due by 10-25-00; published H.R. 1800/P.L. 106±297 abandoned mine land 27-00 9-25-00 Death in Custody Reporting reclamation plan TRANSPORTATION TRANSPORTATION Act of 2000 (Oct. 13, 2000; submissions: DEPARTMENT DEPARTMENT 114 Stat. 1045) Montana; comments due by Disadvantaged business National Highway Traffic 10-25-00; published 9-25- enterprise participation in Safety Administration H.R. 2752/P.L. 106±298 00 DOT financial assistance Motor vehicle safety Lincoln County Land Act of LABOR DEPARTMENT programs; airport standards: 2000 (Oct. 13, 2000; 114 Stat. concessions; comments due 1046) Construction and Platform lift systems for by 10-23-00; published 9-8- nonconstruction contracts; accessible vehicles and H.R. 2773/P.L. 106±299 00 labor standards provisions: platform lift installations Wekiva Wild and Scenic River Davis-Bacon Act et al.; Economic regulations: on vehicles; comments Act of 2000 (Oct. 13, 2000; construction and work Revenue and nonrevenue due by 10-25-00; 114 Stat. 1050) site; definitions; comments passengers; definitions; published 7-27-00 H.R. 4318/P.L. 106±300 due by 10-23-00; comments due by 10-23- TRANSPORTATION Red River National Wildlife published 9-21-00 00; published 8-22-00 DEPARTMENT Refuge Act (Oct. 13, 2000; MORRIS K. UDALL TRANSPORTATION Surface Transportation 114 Stat. 1055) SCHOLARSHIP AND DEPARTMENT Board H.R. 4579/P.L. 106±301 EXCELLENCE IN NATIONAL Federal Aviation Rail carriers: ENVIRONMENTAL POLICY Administration Utah West Desert Land Carload waybill sample Exchange Act of 2000 (Oct. FOUNDATION Administrative regulations: reporting procedures; 13, 2000; 114 Stat. 1059) Freedom of Information Act Air traffic and related and Privacy Act; modification; comments H.R. 4583/P.L. 106±302 services for aircraft that due by 10-23-00; implementation; comments To extend the authorization for transit U.S.-controlled published 9-8-00 due by 10-26-00; published airspace but neither take the Air Force Memorial 9-26-00 off from, nor land in, U.S.; Foundation to establish a NATIONAL AERONAUTICS fees; comments due by LIST OF PUBLIC LAWS memorial in the District of AND SPACE 10-27-00; published 10-6- Columbia or its environs. (Oct. 13, 2000; 114 Stat. 1062) ADMINISTRATION 00 This is a continuing list of Federal Acquisition Regulation Airworthiness directives: public bills from the current H.R. 4642/P.L. 106±303 (FAR): Airbus; comments due by session of Congress which To make certain personnel Commercial items; 10-27-00; published 9-27- have become Federal laws. It flexibilities available with nongovernmental 00 may be used in conjunction respect to the General

VerDate 11-MAY-2000 17:07 Oct 19, 2000 Jkt 194001 PO 00000 Frm 00005 Fmt 4712 Sfmt 4711 E:\FR\FM\20OCCU.LOC pfrm11 PsN: 20OCCU vi Federal Register / Vol. 65, No. 204 / Friday, October 20, 2000 / Reader Aids

Accounting Office, and for States Customhouse''. (Oct. Simpson Avenue in Jackson, archives/publaws-l.html or other purposes. (Oct. 13, 13, 2000; 114 Stat. 1072) Wyoming, as the ``Clifford P. send E-mail to 2000; 114 Stat. 1063) H.J. Res. 111/P.L. 106±306 Hansen Federal Courthouse''. [email protected] with H.R. 4806/P.L. 106±304 Making further continuing (Oct. 13, 2000; 114 Stat. the following text message: To designate the Federal appropriations for the fiscal 1077) building located at 1710 year 2001, and for other Last List October 17, 2000 SUBSCRIBE PUBLAWS-L Alabama Avenue in Jasper, purposes. (Oct. 13, 2000; 114 Your Name. Alabama, as the ``Carl Elliott Stat. 1073) Federal Building''. (Oct. 13, S. 366/P.L. 106±307 Public Laws Electronic Note: This service is strictly 2000; 114 Stat. 1071) El Camino Real de Tierra Notification Service for E-mail notification of new H.R. 5284/P.L. 106±305 Adentro National Historic Trail (PENS) laws. The text of laws is not To designate the United Act (Oct. 13, 2000; 114 Stat. available through this service. States customhouse located at 1074) PENS is a free electronic mail 101 East Main Street in S. 1794/P.L. 106±308 notification service of newly PENS cannot respond to Norfolk, Virginia, as the To designate the Federal enacted public laws. To specific inquiries sent to this ``Owen B. Pickett United courthouse at 145 East subscribe, go to www.gsa.gov/ address.

VerDate 11-MAY-2000 17:07 Oct 19, 2000 Jkt 194001 PO 00000 Frm 00006 Fmt 4712 Sfmt 4711 E:\FR\FM\20OCCU.LOC pfrm11 PsN: 20OCCU