10–20–00 Friday Vol. 65 No. 204 Oct. 20, 2000 Pages 62991–63194
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1 II Federal Register / Vol. 65, No. 204 / Friday, October 20, 2000
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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
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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
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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
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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.
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CFR PARTS AFFECTED IN THIS ISSUE
A cumulative list of the parts affected this month can be found in the Reader Aids section at the end of this issue.
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
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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:
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(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
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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
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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
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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
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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.,
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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 United Kingdom. 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.
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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
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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
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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
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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
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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...
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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
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[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).
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§§ 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
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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
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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
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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.
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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:
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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.
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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:
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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
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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
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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
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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
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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.
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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
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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)
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(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,
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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.
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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
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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
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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
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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.
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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.
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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
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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
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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
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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
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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
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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 Corps 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
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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
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(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
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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)
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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:
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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.
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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,
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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
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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.
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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.
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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.
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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.
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(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
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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,
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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
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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
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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
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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
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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
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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
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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
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(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,
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(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
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§ 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,
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(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
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(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,
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Part III
Department of the Interior Bureau of Indian Affairs
25 CFR Part 20 Financial Assistance and Social Services Programs; Final Rule
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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
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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
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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
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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
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§ 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
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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
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(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;
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(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.
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§ 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.
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§ 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.
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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.
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(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
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§ 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.
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§ 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
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Part IV
Environmental Protection Agency Triphenyltin Hydroxide; Proposed Determination To Terminate Special Review; Notice
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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.
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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
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-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)
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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
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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 ......
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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.
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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).
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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.
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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.
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• 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.
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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.
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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
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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
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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
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Part V
The President Notice of October 19, 2000—Continuation of Emergency With Respect to Significant Narcotics Traffickers Centered in Colombia
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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
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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
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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
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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
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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;
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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
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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.
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