9–22–00 Friday Vol. 65 No. 185 Sept. 22, 2000 Pages 57277–57536
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1 II Federal Register / Vol. 65, No. 185 / Friday, September 22, 2000
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2 III
Contents Federal Register Vol. 65, No. 185
Friday, September 22, 2000
Agency for International Development Education Department NOTICES RULES Meetings: Official seal and national security information procedures, International Food and Agricultural Development Board, 57286–57287 57309 NOTICES Agency information collection activities: Agriculture Department Submission for OMB review; comment request, 57321– See Food Safety and Inspection Service 57322 See Forest Service Grants and cooperative agreements; availability, etc.: Distance Education Demonstration Program, 57322–57326 Blind or Severely Disabled, Committee for Purchase From Educational research and improvement— People Who Are Field-Initiated Studies Education Research Program, See Committee for Purchase From People Who Are Blind 57326–57327 or Severely Disabled Employment and Training Administration Children and Families Administration NOTICES NOTICES Adjustment assistance: Grant and cooperative agreement awards: Alcatel Telecommunications Cable, 57384–57385 Community Economic Development and Information Murray, Inc., 57385 Technology, 57355 Adjustment assistance and NAFTA transitional adjustment National Association of Farmers’ Market Nutrition assistance: Programs, 57355 Cloverland Manufacturing, Inc., et al., 57385–57387
Coast Guard Employment Standards Administration NOTICES NOTICES Agency information collection activities: Minimum wages for Federal and federally-assisted Proposed collection; comment request, 57421–57422 construction; general wage determination decisions, 57387–57388 Commerce Department See Export Administration Bureau Energy Department See National Institute of Standards and Technology See Federal Energy Regulatory Commission See National Oceanic and Atmospheric Administration NOTICES Meetings: Committee for Purchase From People Who Are Blind or Environmental Management Site-Specific Advisory Severely Disabled Board— NOTICES Nevada Test Site, NV, 57327 Procurement list; additions and deletions, 57312–57313 Oak Ridge Reservation, TN, 57327–57328
Comptroller of the Currency Environmental Protection Agency PROPOSED RULES RULES Community bank-focused regulation review; lending limits Hazardous waste program authorizations: pilot program, 57292–57296 Tennessee, 57287–57291 NOTICES PROPOSED RULES Preemption opinion requests: Hazardous waste program authorizations: Rhode Island; Financial Institutions Insurance Sales Act, Tennesssee, 57307–57308 57427–57429 NOTICES Agency information collection activities: Consumer Product Safety Commission Proposed collection; comment request, 57335–57336 NOTICES Environmental statements; availability, etc.: Settlement agreements: Agency statements— Riello Corp. of America, 57319–57321 Comment availability, 57336–57337 Weekly receipts, 57336 Defense Department Meetings: NOTICES Acute Exposure Guideline Levels for Hazardous Committees; establishment, renewal, termination, etc.: Substances National Advisory Committee, 57337– Defense Intelligence Agency Science and Technology 57338 Advisory Board, 57321 Pesticide, food, and feed additive petitions: Nuclear Weapons Surety Joint Advisory Committee, BASF Corp. Agricultural Products, 57338–57344 57321 Toxic and hazardous substances control: Meetings: New chemicals— Dependents’ Education Advisory Council, 57321 Receipt and status information, 57344–57353
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Executive Office of the President Food and Drug Administration See Presidential Documents PROPOSED RULES Medical devices: Export Administration Bureau Anesthesiology devices— NOTICES Apnea monitor; special controls, 57301–57303 Export privileges, actions affecting: Infant apnea monitor performance standard; withdrawn, Montgomery, Yuri I., 57313–57314 57303–57307 Osman, Oscar, 57314–57315 NOTICES Meetings: Federal Aviation Administration Medical Devices Advisory Committee, 57355 RULES Reports and guidance documents; availability, etc.: Airworthiness directives: Infant/child apnea monitor; 510(k) submissions, 57355– Agusta S.p.A., 57280–57282 57356 Boeing, 57282–57285 Class E4 airspace, 57285–57286 Food Safety and Inspection Service PROPOSED RULES NOTICES Airworthiness directives: Meetings: Agusta S.p.A., 57298–57300 Codex Alimentarius Commission— Vulcanair S.p.A., 57296–57298 Food Hygiene Codex Committee, 57309–57310 Class D and Class E4 airspace, 57300–57301 Forest Service Federal Communications Commission NOTICES RULES Environmental statements; notice of intent: Common carrier services: Custer National Forest, MT, 57310–57312 Interconnection— Deployment of wireless services offering advanced Health and Human Services Department telecommunications capability; effective date, See Children and Families Administration 57291 See Food and Drug Administration See Health Care Financing Administration Federal Energy Regulatory Commission See Indian Health Service NOTICES See Inspector General Office, Health and Human Services Electric rate and corporate regulation filings: Department Mesquite Investors, L.L.C., et al., 57330–57334 See Substance Abuse and Mental Health Services Environmental statements; notice of intent: Administration Central New York Oil & Gas Co., LLC, et al., 57334– 57335 Health Care Financing Administration Eastern Hydroelectric Corp., 57335 See Inspector General Office, Health and Human Services Applications, hearings, determinations, etc.: Department Anaheim et al., CA, 57328 NOTICES El Paso Natural Gas Co., 57328–57329 Agency information collection activities: EOTT Energy Operating L.P., 57329 Submission for OMB review; comment request, 57356– Nicole Energy Marketing of Illinois, Inc., 57329–57330 57357 PG&E Energy Trading-Power, L.P., 57330 Housing and Urban Development Department Federal Reserve System NOTICES NOTICES Grants and cooperative agreements; availability, etc.: Banks and bank holding companies: Facilities to assist homeless— Change in bank control, 57353 Excess and surplus Federal property, 57362 Formations, acquisitions, and mergers, 57353–57354 Low income housing: Permissible nonbanking activities, 57354 Difficult development areas and qualified census tracts; Meetings; Sunshine Act, 57354 statutorily mandated and supplemental designations for tax credit, 57525–57535 Fish and Wildlife Service NOTICES Indian Affairs Bureau Boundary establishment, descriptions, etc.: NOTICES Chickasaw and Lower Hatchie National Wildlife Refuges, Tribal-State Compacts approval; Class III (casino) gambling: TN, 57363 Sauk Suiattle Indian Tribe, WA, 57368–57369 Endangered and threatened species: Foreign listed psittacine species (parrots, parakeets, Indian Health Service macaws, cockatoos, etc.); 5-year review, 57363–57365 NOTICES Environmental statements; availability, etc.: Grant and cooperative agreement awards: Clark County, NV; multiple species habitat conservation Center for Native American Health, College of Public plan, 57366–57367 Health, University of Arizona, 57357–57358 Environmental statements; notice of intent: Leelanau County, MI; exchange of lands on South Fox Inspector General Office, Health and Human Services Island, 57367–57368 Department Meetings: NOTICES Klamath River Basin Fisheries Task Force, 57368 Program exclusions; list, 57358–57361
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Interior Department National Park Service See Fish and Wildlife Service NOTICES See Indian Affairs Bureau Native American human remains and associated funerary See Land Management Bureau objects: See National Park Service State Archaeologist Office, University of Iowa, IA— See Reclamation Bureau Inventory from Mills County, IA, 57369–57370 See Surface Mining Reclamation and Enforcement Office NOTICES National Science Foundation Committees; establishment, renewal, termination, etc.: NOTICES Minerals Management Advisory Board, 57362–57363 Meetings: Internal Revenue Service Civil and Mechanical Systems Special Emphasis Panel, NOTICES 57402 Agency information collection activities: Earth Sciences Proposal Review Panel, 57402 Proposed collection; comment request, 57429–57434 Mathematical Sciences Special Emphasis Panel, 57402– 57403 Labor Department Neuroscience Advisory Panel, 57403 See Employment and Training Administration Physiology and Ethology Advisory Panel, 57403–57404 See Employment Standards Administration Small Business Industrial Innovation Advisory See Occupational Safety and Health Administration Committee, 57404 See Pension and Welfare Benefits Administration Nuclear Regulatory Commission Land Management Bureau NOTICES NOTICES Environmental statements; availability, etc.: Environmental statements; availability, etc.: Virginia Electric & Power Co., 57407–57408 El Malpais National Conservation Area et al., NM, 57369 Applications, hearings, determinations, etc.: Mesquite Gold Mine, CA; correction, 57369 AmerGen Energy Co., LLC, 57404–57407 Maritime Administration NOTICES Occupational Safety and Health Administration Agency information collection activities: NOTICES Proposed collection; comment request, 57422 Agency information collection activities: Coastwise trade laws; administrative waivers: Proposed collection; comment request, 57388–57389 ABORIGINAL, 57422–57423 LUCKY DOG, 57423–57424 Pension and Welfare Benefits Administration NOTICES National Aeronautics and Space Administration Employee benefit plans; prohibited transaction exemptions: NOTICES Masters, Mates and Pilots et al., 57389–57400 Meetings: Salomon Smith Barney Inc.; correction, 57401 Advisory Council Life and Microgravity Sciences and Applications Postal Rate Commission Advisory Committee, 57401 NOTICES Space Science Advisory Committee, 57401–57402 Meetings; Sunshine Act, 57408 National Credit Union Administration RULES Postal Service Credit unions: NOTICES Federal claims collection; civil monetary penalty Meetings; Sunshine Act, 57408–57409 inflation adjustment, 57277–57280 Presidential Documents National Institute of Standards and Technology EXECUTIVE ORDERS NOTICES Committees; establishment, renewal, termination, etc.: Voluntary product standards: Medicine Policy, White House Commission on American Petroleum Institute— Complementary and Alternative; membership (EO Standards development; comment request, 57315– 13167) 57317 Correction, 57436 National Oceanic and Atmospheric Administration PROPOSED RULES Public Health Service Fishery conservation and management: See Food and Drug Administration West Coast States and Western Pacific fisheries— See Indian Health Service Pacific Coast groundfish, 57308 See Substance Abuse and Mental Health Services NOTICES Administration Meetings: Caribbean Fishery Management Council, 57317 Reclamation Bureau Gulf of Mexico Fishery Management Council, 57317 NOTICES Western Pacific Fishery Management Council, 57318 Environmental statements; availability, etc.: Permits: Coachella Canal Lining Project, CA, 57370–57371 Marine mammals, 57318–57319 Colorado River interim surplus criteria; correction, 57371
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Research and Special Programs Administration Sheridan Slope Stability Project, 57375–57377 NOTICES Wright Junior/Senior High School Improvements Meetings: Project, 57372–57374 Integrity Management Communication Team, 57424 Surface Transportation Board Securities and Exchange Commission NOTICES RULES Railroad operation, acquisition, construction, etc.: Investment advisers: Buffalo Ridge Regional Railroad Authority, 57424–57425 Electronic filing system and Form ADV update, 57437– SMS Rail Service, Inc., 57425 57524 NOTICES Transportation Department Meetings; Sunshine Act, 57410 See Coast Guard Self-regulatory organizations; proposed rule changes: See Federal Aviation Administration American Stock Exchange, LLC, 57410–57412 See Maritime Administration International Securities Exchange LLC, 57412 National Association of Securities Dealers, Inc., 57413– See Research and Special Programs Administration 57416 See Surface Transportation Board Pacific Exchange, Inc., 57416–57419 See Transportation Statistics Bureau Philadelphia Stock Exchange, Inc., 57419–57420 Applications, hearings, determinations, etc.: Transportation Statistics Bureau Public utility holding company filings, 57409–57410 NOTICES Agency information collection activities: Social Security Administration Proposed collection; comment request, 57425–57427 NOTICES Meetings: Treasury Department Ticket to Work and Work Incentives Advisory Panel, See Comptroller of the Currency 57420–57421 See Internal Revenue Service
Substance Abuse and Mental Health Services Veterans Affairs Department Administration NOTICES NOTICES Agency information collection activities: Agency information collection activities: Proposed collection; comment request, 57434 Proposed collection; comment request, 57362 Submission for OMB review; comment request, 57434– 57435 Surface Mining Reclamation and Enforcement Office NOTICES Agency information collection activities: Proposed collection; comment request, 57371–57372 Separate Parts In This Issue Submission for OMB review; comment request, 57372 Grants and cooperative agreements; availability, etc.: Part II Wyoming— Securities and Exchange Commission, 57437–57524 Frannie Sewer Line Replacement Project, 57381–57383 Greybull Sewer Improvements Project, 57383–57384 Part III Hudson Elementary School Improvements Project, Department of Housing and Urban Development, 57525– 57378–57380 57535 Kemmerer Medical Center Access Improvements Project, 57377–57378 Medicine Bow Water Treatment Plant Improvements Reader Aids Project, 57380–57381 Consult the Reader Aids section at the end of this issue for Rock Springs Stormwater Channel Improvements phone numbers, online resources, finding aids, reminders, Project, 57374–57375 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.
12 CFR 747...... 57277 Proposed Rules: 32...... 57292 14 CFR 39 (2 documents) ...... 57280, 57282 71...... 57285 Proposed Rules: 39 (2 documents) ...... 57296, 57298 71...... 57300 17 CFR 200...... 57438 275...... 57438 279...... 57438 21 CFR Proposed Rules: 868...... 57301 896...... 57303 34 CFR 3...... 57286 19...... 57286 40 CFR 271...... 57287 Proposed Rules: 271...... 57307 47 CFR 51...... 57291 50 CFR Proposed Rules: 660...... 57308
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Rules and Regulations Federal Register Vol. 65, No. 185
Friday, September 22, 2000
This section of the FEDERAL REGISTER Background: CMPs Previously Adjusted contains regulatory documents having general The Debt Collection Improvement Act Calculation of the Adjustment applicability and legal effect, most of which 1 are keyed to and codified in the Code of of 1996 (DCIA) amended the Federal Federal Regulations, which is published under Civil Penalties Inflation Adjustment Act With respect to the CMPs authorized 50 titles pursuant to 44 U.S.C. 1510. of 1990 2 (FCPIA Act) to require every by 12 U.S.C. 1786(k)(2), the last Federal agency to enact regulations that adjustment for inflation occurred in The Code of Federal Regulations is sold by adjust each civil monetary penalty 1996. Therefore, the current adjustment the Superintendent of Documents. Prices of (CMP) 3 provided by law under its will be the percentage by which the CPI new books are listed in the first FEDERAL jurisdiction by the rate of inflation for the month of June 1999 exceeds the REGISTER issue of each week. pursuant to the inflation adjustment CPI for the month of June 1996. formula in section 5(b) of the FCPIA According to the Bureau of Labor Act. Each Federal agency was required NATIONAL CREDIT UNION Statistics, the CPI for the month of June to issue these implementing regulations ADMINISTRATION 1999 was 166.2 and the CPI for the by October 23, 1996, and at least once month of June 1996 was 156.7. When 12 CFR Part 747 every 4 years thereafter. Section 6 of the 166.2 is divided by 156.7, the result is amended FCPIA Act specifies that 1.06. Thus, the CMPs authorized by 12 Civil Monetary Penalty Inflation inflation-adjusted CMPs will only apply U.S.C. 1786(k)(2) should be multiplied Adjustment to violations that occur after the by a factor of 1.06 to arrive at the new effective date of the adjustment. The adjusted amounts (before required AGENCY: National Credit Union inflation adjustment is based on the rounding). percentage increase in the Consumer Administration. Section 206(k)(2) of the Federal Credit Price Index (CPI).4 Specifically, section Union Act, 12 U.S.C. 1786(k)(2), ACTION: Final rule. 5(b) of the FCPIA Act defines ‘‘the term authorizes NCUA to impose three levels ‘cost-of-living adjustment’ [to] mean the or tiers of CMPs upon insured credit SUMMARY: Congress, in the Federal Civil percentage (if any) for each civil unions or institution-affiliated parties. Penalties Inflation Adjustment Act of monetary penalty by which—(1) the 1990, as amended by the Debt Consumer Price Index for the month of First Tier CMPs Collection Improvement Act of 1996, June of the calendar year preceding the required all federal agencies with the adjustment, exceeds (2) the Consumer First tier CMPs, 12 U.S.C. authority to impose civil monetary Price Index for the month of June of the 1786(k)(2)(A), may be imposed for the penalties (CMPs) to regularly evaluate calendar year in which the amount of violation of any law or regulation, the those CMPs to ensure that they continue such civil monetary penalty was last set violation of certain final orders or to maintain their deterrent value. As a or adjusted pursuant to law.’’ temporary orders, the violation of result of these acts, the head of each Furthermore, each CMP that has been conditions imposed in writing by the NCUA Board, or the violation of any agency was required, by October 23, adjusted for inflation must be rounded written agreement between the credit 1996, and at least once every four years to a number prescribed by section 5(a) 5 union and NCUA. The statute provides thereafter, to adjust its CMPs for of the FCPIA Act. that first tier CMPs shall not be more inflation. In 1996, the National Credit 1 Pub. L. 104–134, § 31001(s), 110 Stat. 1321–373, than $5,000 for each day the violation Union Administration (NCUA) issued a (Apr. 26, 1996). The provision is codified at 28 continues. After the required adjustment final rule to implement the required U.S.C. 2461 note. for inflation in 1996, the maximum 2 Pub. L. 101–410, 104 Stat. 890, (Oct. 5, 1990), adjustments to certain CMPs authorized penalty was increased to $5,500 for each by the Federal Credit Union Act. Since also codified at 28 U.S.C. 2461 note. 3 Section 3(2) of the amended FCPIA Act defines day.6 Multiplying the current penalty of that time, NCUA has discovered several a CMP as any penalty, fine, or other sanction that: $5,500 by the factor of 1.06 results in more CMPs that should also be adjusted (1) either is for a specific monetary amount as $5,830, an increase of $330. When that for inflation. In order to comply with provided by Federal law or has a maximum amount provided for by Federal law; (2) is assessed or number is rounded as required by the Congress’ mandate to adjust CMPs for enforced by an agency pursuant to Federal law; and FCPIA Act,7 the inflation-adjusted inflation at least every four years, NCUA (3) is assessed or enforced pursuant to an maximum for a first tier CMP remains is issuing this final rule to implement administrative proceeding or a civil action in the $5,500. the required adjustments to those CMPs. Federal courts. 4 The CPI is published by the Department of amount of the adjustment was more than $1,000 but EFFECTIVE DATE: October 23, 2000. Labor, Bureau of Statistics, and is available at its less than $10,000. NCUA has chosen to follow the website: www.bls.gov/top20.html. language in the statute and therefore has adopted FOR FURTHER INFORMATION CONTACT: 5 NCUA recognizes that the rounding provision of an interpretation that selects the appropriate Allan Meltzer, Associate General the FCPIA Act is capable of differing rounding rule based upon the amount of the interpretations. As an example, the provision states, penalty. Counsel, or Jon Canerday, Trial in part, that an increase ‘‘shall be rounded to the 6 The FCPIA Act limited the first adjustment of Attorney, Office of General Counsel, nearest * * * multiple of $1,000 in the case of a CMP to a maximum of 10%. NCUA, 1775 Duke Street, Alexandria, penalties greater than $1,000 but less than or equal to $10,000.’’ Section 5(a)(3), FCPIA Act. NCUA 7 ‘‘Any increase determined under this subsection Virginia 22314, or telephone (703) 518– understands that some agencies have chosen to shall be rounded to the nearest— * * * (3) multiple 6540. determine which rounding rule to follow based of $1,000 in the case of penalties greater than upon the amount of the increase, rather than the $1,000 but less than or equal to $10,000.’’ Section SUPPLEMENTARY INFORMATION: amount of the penalty. In other words, the forgoing 5(a), FCPIA Act. Therefore, $330 is rounded to the rounding provision would only be applied if the nearest multiple of $1,000 or to $0.
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Second Tier CMPs inflation-adjusted third tier CMP penalty.10 The amount of increase to Second tier CMPs, 12 U.S.C. becomes $1,175,000. these CMPs in the final regulation 1786(k)(2)(B), are authorized for would have been more if this limit did CMPs Not Previously Adjusted For not exist. violations described in first tier CMPs, Inflation the reckless engaging in an unsafe or The maximum CMP authorized by 12 U.S.C. 1782(a)(3) for an inadvertent unsound practice in conducting the NCUA has determined that several failure to submit a report or the affairs of a credit union, or the breach additional provisions authorize inadvertent submission of a false or of any fiduciary duty, when the penalties that meet the definition of misleading report is currently $2,000 for violation, practice or breach is part of a CMPs. These provisions were not pattern of misconduct, or causes or is each day the failure continues or such previously adjusted for inflation in false or misleading information is not likely to cause more than a minimal loss 1996. to the credit union, or results in corrected. After the required adjustment pecuniary gain or other benefit. The 12 U.S.C. 1782(a)(3) for inflation, the maximum penalty is statute provides a maximum second tier increased by 10%, or $200, to $2,200 NCUA is authorized to require credit CMP of $25,000 for each day the per day. The maximum CMP authorized by 12 violation, practice or breach continues. unions to provide reports of condition. U.S.C. 1782(a)(3) for a non-inadvertent After the required 1996 adjustment for The failure to submit a required report failure to submit a report or the non- inflation, the maximum penalty was or the submission of a false or inadvertent submission of a false or increased to $27,500 per day. misleading report subjects a credit misleading report is currently $20,000 Multiplying the current penalty of union to three levels of CMPs, for each day the failure continues or $27,500 by the factor of 1.06 results in depending upon the reasons for such false or misleading information is $29,150, an increase of $1,650. When noncompliance. For an inadvertent not corrected. After the required that number is rounded as required by failure to submit a report or the adjustment for inflation, the maximum the FCPIA Act,8 the inflation-adjusted inadvertent submission of a false or penalty is increased by 10%, or $2,000, maximum for a second tier CMP misleading report, the credit union is to $22,000 per day. remains $27,500. subject to a penalty of not more than $2,000 for each day the failure The maximum CMP authorized by 12 U.S.C. 1782(a)(3) for a failure to submit Third Tier CMPs continues or such false or misleading a report or the submission of a false or Third tier CMPs, 12 U.S.C. information is not corrected. For a non- misleading report done knowingly or 1786(k)(2)(C), may be imposed for any inadvertent failure to submit a report or with reckless disregard is currently of the acts described in second tier for the non-inadvertent submission of a CMPs that cause a substantial loss to the $1,000,000 or 1 percent of the total false or misleading report, the credit assets of the credit union, whichever is credit union or a substantial pecuniary union is subject to a penalty of not more gain or other benefit. The amount of less, for each day the failure continues than $20,000 for each day the failure or such false or misleading information third tier CMPs depends upon the status continues or such false or misleading of the respondent required to pay the is not corrected. After the required information is not corrected. Lastly, for adjustment for inflation, the maximum CMP, 12 U.S.C. 1786(k)(2)(D). For a a failure to submit a report or the person other than an insured credit penalty is increased by 10%, or submission of a false or misleading $100,000, to $1,100,000 or 1 percent of union, under the statute the current report done knowingly or with reckless maximum third tier CMP is $1,000,000 the total assets of the credit union, disregard, the credit union is subject to for each day the violation, practice or whichever is less, per day. a penalty of not more than $1,000,000 breach continues. For an insured credit or 1 percent of the total assets of the 12 U.S.C. 1782(d)(2) union, the statute provides a current In a provision similar to the authority daily maximum CMP of the lesser of credit union, whichever is less, for each day the failure continues or such false discussed above, NCUA is authorized to $1,000,000 or 1 percent of the total require each credit union to provide assets of the credit union. In 1996, the or misleading information is not corrected. periodic certified statements of the maximum CMP for a person other than amount of insured shares in the credit an insured credit union was increased Calculation of the Adjustment union, as well as to pay required for inflation to $1,100,000 per day. At deposits into the National Credit Union The CMPs authorized by 12 U.S.C. the same time, the maximum CMP for Share Insurance Fund (NCUSIF). The an insured credit union was increased 1782(a)(3) were created by Congress in failure to submit a required certified to the lesser of $1,100,000 or 1 percent 1989. Therefore, the current adjustment statement or the submission of a false or of the total assets of the credit union. will be the percentage by which the CPI misleading statement subjects a credit Multiplying the current penalty of for the month of June 1999 exceeds the union to three tiers of CMPs, depending $1,100,000 by the factor of 1.06 results CPI for the month of June 1989. upon the reasons for noncompliance. in $1,166,000, an increase of $66,000. According to the Bureau of Labor When that number is rounded as Statistics, the CPI for the month of June Calculation of the Adjustment required by the FCPIA Act,9 the new 1999 was 166.2 and the CPI for the The CMPs authorized by 12 U.S.C. month of June 1989 was 124.1. When 1782(d)(2) were created by Congress in 8 ‘‘Any increase determined under this subsection 166.2 is divided by 124.1, the result is 1991. Therefore, the current adjustment shall be rounded to the nearest— * * * (4) multiple of $5,000 in the case of penalties greater than 1.34. Thus, the CMPs authorized by 12 will be the percentage by which the CPI $10,000 but less than or equal to $100,000.’’ Section U.S.C. 1782(a)(3) should be multiplied for the month of June 1999 exceeds the 5(a), FCPIA Act. Therefore, $1,650 is rounded to the by a factor of 1.34 to arrive at the new CPI for the month of June 1991. nearest multiple of $5,000 or to $0. According to the Bureau of Labor 9 ‘‘Any increase determined under this subsection adjusted amounts (before required shall be rounded to the nearest— * * * (6) multiple rounding). However, another provision of $25,000 in the case of penalties greater than of the FCPIA Act limits the first 10 ‘‘The first adjustment of a civil monetary $200,000.’’ Section 5(a), FCPIA Act. Therefore, adjustment of a CMP to an amount not penalty made pursuant to [the FCPIA Act] may not $66,000 is rounded to the nearest multiple of exceed 10 percent of such penalty.’’ Section 6, $25,000 or to $75,000. to exceed 10 percent of the original FCPIA Act (originally designated as Section 7).
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Statistics, the CPI for the month of June regulations to provide minimum June 1994. According to the Bureau of 1999 was 166.2 and the CPI for the standards with which each insured Labor Statistics, the CPI for the month month of June 1991 was 136. When credit union must comply with respect of June 1999 was 166.2 and the CPI for 166.2 is divided by 136, the result is to security devices and procedures to the month of June 1994 was 148.0. 1.22. Thus, the CMPs authorized by 12 discourage robberies, burglaries and When 166.2 is divided by 148.0, the U.S.C. 1782(d)(2) should be multiplied larcenies and to assist in the result is 1.12. Thus, the CMP authorized by a factor of 1.22 to arrive at the new identification and apprehension of by 42 U.S.C. 4012a(f) should be adjusted amounts (before required persons who commit such acts. A credit multiplied by a factor of 1.12 to arrive rounding). However, as noted union that violates such a regulation is at the new adjusted amounts (before previously, another provision of the subject to a CMP of up to $100 for each required rounding). However, as FCPIA Act limits the first adjustment of day the violation continues. 12 U.S.C. discussed previously, the FCPIA Act a CMP to an amount not to exceed 10 1785(e)(3). limits the first adjustment of a CMP to percent of the original penalty. The Calculation of the Adjustment an amount not to exceed 10 percent of amount of increase to these CMPs in the the original penalty. The amount of final regulation would have been more The CMP authorized by 12 U.S.C. increase to this CMP in the final if this limit did not exist. 1785(e)(3), originally passed by regulation would have been more if this Congress in 1970, was not adjusted for limit did not exist. First Tier CMPs inflation in 1996. Therefore, the current The maximum CMP authorized by 42 The maximum CMP authorized by 12 adjustment will be the percentage by U.S.C. 4012a(f) for certain violations of U.S.C. 1782(d)(2)(A) for an inadvertent which the CPI for the month of June the National Flood Insurance Program is failure to timely submit a certified 1999 exceeds the CPI for the month of currently $350 for each violation, up to statement or an inadvertent submission June 1970. According to the Bureau of a maximum of $100,000 per calendar of a false or misleading certified Labor Statistics, the CPI for the month year. After the required adjustment for statement, is currently $2,000 for each of June 1999 was 166.2 and the CPI for inflation, the maximum penalty is day the failure continues or such false the month of June 1970 was 38.8. When increased by 10%, or $35, to $385 per or misleading information is not 166.2 is divided by 38.8, the result is violation. The annual maximum penalty corrected. After the required adjustment 4.28. Thus, the CMP authorized by 12 is also increased by 10%, or $10,000, to for inflation, the maximum penalty is U.S.C. 1785(e)(3) should be multiplied $110,000 per calendar year. increased by 10%, or $200, to $2,200 by a factor of 4.28 to arrive at the new The NCUA Board now adopts this per day. adjusted amounts (before required final rule to adjust the forgoing CMPs rounding). However, as discussed Second Tier CMPs for the rate of inflation, as required by previously, the FCPIA Act limits the the FCPIA Act. The FCPIA Act provides The maximum CMP authorized by 12 first adjustment of a CMP to an amount federal agencies with no discretion in U.S.C. 1782(d)(2)(B) for a non- not to exceed 10 percent of the original the adjustment of CMPs for inflation, inadvertent failure to timely submit a penalty. The amount of increase to this and it also requires such adjustments for certified statement, or a non-inadvertent CMP in the final regulation would have inflation to occur at least every four submission of a false or misleading been more if this limit did not exist. years. Further, the regulation is certified statement, or the failure or The maximum CMP authorized by 12 ministerial and technical and, for these refusal to pay any required deposit or U.S.C. 1785(e)(3) for non-compliance reasons, the NCUA Board finds good premium for insurance is currently with NCUA security regulations is cause to determine that public notice $20,000 for each day the failure currently $100 for each day the and comment for this new regulation is continues, such false or misleading violation continues. After the required unnecessary, impractical and contrary information is not corrected, or the adjustment for inflation, the maximum to the public interest, pursuant to the deposit or premium is not paid. After penalty is increased by 10%, or $10, to Administrative Procedure Act (APA), 5 the required adjustment for inflation, $110 per day. U.S.C. 553(a)(3)(B). the maximum penalty is increased by 42 U.S.C. 4012a(f) 10%, or $2,000, to $22,000 per day. Regulatory Procedures Pursuant to 42 U.S.C. 4012a(f), NCUA Regulatory Flexibility Act Third Tier CMPs is authorized to impose CMPs against a The maximum CMP authorized by 12 credit union that is found to have a The NCUA Board certifies that the U.S.C. 1782(d)(2)(C) for a failure to pattern or practice of committing certain proposed regulation will not have a submit a report or the submission of a specified actions in violation of the significant economic impact on a false or misleading report done National Flood Insurance Program. A substantial number of small credit knowingly or with reckless disregard is credit union that engages in such unions. Small credit unions are defined currently $1,000,000 or 1 percent of the violations is subject to a CMP of up to by NCUA, pursuant to its authority to total assets of the credit union, $350 for each violation. The total define ‘‘small organizations,’’ as those whichever is less, for each day the amount of penalties assessed against credit unions with assets of $1 million failure continues or such false or any credit union during any calendar or less. 5 U.S.C. 601(4), (6); NCUA IRPS misleading information is not corrected. year may not exceed $100,000. 42 U.S.C. 81–4, 46 FR 29248 (1981); NCUA IRPS After the required adjustment for 4012a(f)(5). 87–2, 12 CFR 791.8(a). Accordingly, a inflation, the maximum penalty is regulatory flexibility analysis is not Calculation of the Adjustment increased by 10%, or $100,000, to required. The CMP authorized by 42 U.S.C. $1,100,000 or 1 percent of the total Paperwork Reduction Act assets of the credit union, whichever is 4012a(f), originally passed by Congress less, per day. in 1994, was not adjusted for inflation No collections of information in 1996. Therefore, the current pursuant to the Paperwork Reduction 12 U.S.C. 1785(e)(3) adjustment will be the percentage by Act (44 U.S.C. 3501 et seq.) are Pursuant to 12 U.S.C. 1785(e)(1), which the CPI for the month of June contained in the rule. Consequently, no NCUA is authorized to promulgate 1999 exceeds the CPI for the month of information has been submitted to the
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Office of Management and Budget for Treasury and General Government PART 747ÐADMINISTRATIVE review. Appropriations Act, 1999, Pub. L. No. ACTIONS, ADJUDICATIVE HEARINGS, 105–277, 112 Stat. 2681 (1998). Executive Order 13132 RULES OF PRACTICE AND PROCEDURE, AND INVESTIGATIONS Executive Order 13132 encourages Small Business Regulatory Enforcement Fairness Act independent regulatory agencies to 1. The authority citation for part 747 consider the impact of their regulatory The Small Business Regulatory is revised to read as follows: actions on state and local interests. In Enforcement Fairness Act of 1996 (Pub. adherence to fundamental federalism L. No. 104–21) provides generally for Authority: 12 U.S.C. 1766, 1782, 1784, principles, NCUA, an independent congressional review of agency rules. A 1785, 1786, 1787; 42 U.S.C. 4012a; Pub. L. regulatory agency as defined in 44 reporting requirement is triggered in 101–410; Pub.L. 104–134. U.S.C. 3502(5), voluntarily complies instances where NCUA issues a final with the Executive Order. This final rule rule as defined by Section 551 of the 2. Part 747, Subpart K is revised to will apply to all federally-insured credit Administrative Procedures Act. 5 U.S.C. read as follows: unions, but it will not have substantial 551. The Office of Management and Subpart KÐInflation Adjustment of direct effects on the states, on the Budget has reviewed this rule and has Civil Monetary Penalties relationship between the national determined that for purposes of the government and the states, or on the Small Business Regulatory Enforcement § 747.1001 Adjustment of civil money distribution of power and Fairness Act of 1996 it is not a major penalties by the rate of inflation. responsibilities among the various rule. levels of government. NCUA has (a) NCUA is required by the Federal determined the final rule does not List of Subjects in 12 CFR Part 747 Civil Penalties Inflation Adjustment Act constitute a policy that has federalism Credit unions, Civil monetary of 1990 (Public Law 101–410, 104 Stat. implications for purposes of the penalties. 890, as amended (28 U.S.C. 2461 note)) Executive Order. By the National Credit Union to adjust the maximum amount of each Assessment of Federal Regulations and Administration Board on September 6, 2000. civil money penalty within its Policies on Families Becky Baker, jurisdiction by the rate of inflation. The following chart displays those NCUA has determined that this rule Secretary to the Board. adjustments, as calculated pursuant to will not affect family well-being within Accordingly, the NCUA amends 12 the statute: the meaning of section 654 of the CFR part 747 as follows:
U.S. Code citation CMP description New maximum amount
(1) 12 U.S.C. 1782(a)(3) ...... Inadvertent failure to submit a report or the inadvertent $2,200 submission of a false or misleading report. (2) 12 U.S.C. 1782(a)(3) ...... Non-inadvertent failure to submit a report or the non-in- $22,000 advertent submission of a false or misleading report. (3) 12 U.S.C. 1782(a)(3) ...... Failure to submit a report or the submission of a false $1,100,000 or 1 percent of the total assets of the credit or misleading report done knowingly or with reckless union, whichever is less disregard. (4) 12 U.S.C. 1782(d)(2)(A) First tier ...... $2,200 (5) 12 U.S.C. 1782(d)(2)(B) Second tier ...... $22,000 (6) 12 U.S.C. 1782(d)(2)(C) Third tier ...... $1,100,000 or 1 percent of the total assets of the credit union, whichever is less (7) 12 U.S.C. 1785(e)(3) ...... Non-compliance with NCUA security regulations ...... $110 (8) 12 U.S.C. 1786(k)(2)(A) First tier ...... $5,500 (9) 12 U.S.C. 1786(k)(2)(B) Second tier ...... $27,500 (10) 12 U.S.C. 1786(k)(2)(C) Third tier ...... For a person other than an insured credit union: $1,175,000; For an insured credit union: $1,175,000 or 1 percent of the total assets of the credit union, whichever is less (11) 42 U.S.C. 4012a(f) ...... Per violation ...... $385 Per calendar year ...... $110,000
(b) The adjustments displayed in DEPARTMENT OF TRANSPORTATION ACTION: Final rule; request for paragraph (a) of this section apply to comments. acts occurring beginning on October 23, Federal Aviation Administration 2000. SUMMARY: This document publishes in 14 CFR Part 39 the Federal Register an amendment [FR Doc. 00–24431 Filed 9–21–00; 8:45 am] adopting Airworthiness Directive (AD) BILLING CODE 7535±01±P [Docket No. 2000±SW±41±AD; Amendment 2000–17–52, which was sent previously 39±11898; AD 2000±17±52] to all known U.S. owners and operators of Agusta S.p.A. (Agusta) Model A109E RIN 2120±AA64 helicopters by individual letters. This Airworthiness Directives; Agusta AD requires, before further flight, S.p.A. Model A109E Helicopters visually inspecting any main rotor rotating scissors assembly for correct AGENCY: Federal Aviation installation and replacing any Administration, DOT. unairworthy part with an airworthy
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§ 71.1 [Amended] FOR FURTHER INFORMATION CONTACT: Document Format (PDF) on the Internet 2. The incorporation by reference in Kenneth C. Depew, Division of at either of the following sites: 14 CFR 71.1 of Federal Aviation Regulatory Services, Office of the http://ocfo.ed.gov/fedreg.htm Administration Order 7400.9H, General Counsel, Department of http://www.ed.gov/news.html Airspace Designations and Reporting Education, 400 Maryland Avenue, SW., To use PDF you must have Adobe Points, dated September 1, 2000, and Room 6E109, FB–6, Washington, DC Acrobat Reader, which is available free effective September 16, 2000, is 20202–2241. Telephone: (202) 401– at either of the previous sites. If you amended as follows: 8300. If you use a telecommunications have questions about using PDF, call the device for the deaf (TDD), you may call U.S. Government Printing Office (GPO), Paragraph 6004 Class E4 Airspace Areas the Federal Information Relay Service Designated as an extension to a Class D toll free at 1–888–293–6498; or in the Airspace Area. (FIRS) at 1–800–877–8339. Washington, DC, area at (202) 512–1530. Individuals with disabilities may * * * * * Note: The official version of this document obtain this document in an alternative is the document published in the Federal ASO FL E4 Melbourne, FL [Revised] format (e.g., Braille, large print, Register. Free Internet access to the official Melbourne International Airport, FL audiotape, or computer diskette) on edition of the Federal Register and the Code (Lat. 28°06′10″N, long. 80°38′45″W) request to the contact person listed in of Federal Regulations is available on GPO Melbourne VOR/DME the preceding paragraph. Access at: http://www.access.gpo.gov/nara/ index.html (Lat. 28°06′19″N, long. 80°38′07″W) SUPPLEMENTARY INFORMATION: These (Catalog of Federal Domestic Assistance Satellite NDB regulations amend the regulations in 34 ° ′ ″ ° ′ ″ Numbers do not apply.) (Lat. 28 05 58 N, long. 80 42 03 W) CFR part 3 (Official Seal) to reflect the That airspace extending upward from the current organizational structure of the List of Subjects surface within 3 miles each side of the ° Department. Melbourne VOR 100 radial, extending from The regulations in 34 CFR part 19 34 CFR Part 3 the 4.3-mile radius of the Melbourne Seals and insignia. International Airport to 7 miles east of the (National Security Information VOR and within 2.5 miles north and 3 miles Procedures) are removed because the 34 CFR Part 19 south of the 267° bearing from the Satellite Department’s security classification NDB, extending from the 4.3-mile radius of regulation does not affect members of Classified information. the airport to 7 miles west of the NDB. This the public. Therefore, as confirmed by Dated: September 19, 2000. Class E airspace area is effective during the the Information Security Oversight Lorraine Lewis, specific dates and times established in Office, National Archives and Records Inspector General. advance by a Notice to Airmen. The effective Administration, publication of these Willie Gilmore, date and time will thereafter be continuously regulations is unnecessary. published in the Airport/Facility Directory. Director, Office of Management. * * * * * Waiver of Proposed Rulemaking For the reasons discussed in the preamble, the Secretary amends title 34 Issued in College Park, Georgia, on Under the Administrative Procedure September 7, 2000. Act (5 U.S.C. 553) we generally offer of the Code of Federal Regulations by amending part 3 and removing part 19 Marvin A. Burnette, interested parties the opportunity to as follows: Acting Manager, Air Traffic Division, comment on proposed regulations. Southern Region. However, these amendments PART 3ÐOFFICIAL SEAL [FR Doc. 00–24145 Filed 9–21–00; 8:45 am] incorporate changes in internal agency BILLING CODE 4910±13±M organization and management and do 1. The authority citation for part 3 not establish new substantive policy. continues to read as follows: Therefore, under 5 U.S.C. 553(b)(A), Authority: 20 U.S.C. 3472 and 3485, unless DEPARTMENT OF EDUCATION proposed rulemaking does not apply to otherwise noted. the extent these regulations concern § 3.4 [Amended] 34 CFR Parts 3 and 19 agency organization and procedure, and under 5 U.S.C. 553(b)(B), the Secretary 2. Section 3.4 is amended by: Official Seal; National Security has determined that proposed A. Removing ‘‘Assistant Secretary for Information Procedures rulemaking is unnecessary. Management and Budget/Chief Financial Officer’’ and adding, in its AGENCY: Department of Education. Regulatory Flexibility Act Certification place, ‘‘Director of Public Affairs’’ in ACTION: Final regulations. The Secretary certifies that these paragraph (b). regulations would not have a significant B. Removing ‘‘Replicas’’ and adding, SUMMARY: The Secretary amends the economic impact on a substantial in its place, ‘‘In regard to internal use, regulations governing the use of the number of small entities. The replicas’’ in paragraph (c) introductory Official Seal of the Department of regulations reflect internal departmental text. Education (ED) and removes the changes and would not affect any small C. Adding ‘‘electronic media’’ before regulations governing National Security entities under the Regulatory Flexibility ‘‘motion’’ in paragraph (c)(4). Information Procedures. These final Act. D. Adding ‘‘internal’’ after ‘‘other’’; regulations amend obsolete references and removing ‘‘of the Office of in the provisions governing use of the Paperwork Reduction Act of 1995 Administrative Resources Official Seal and remove unnecessary These regulations do not contain any Management;’’, and adding, in its place, requirements relating to National information collection requirements. ‘‘for Management.’’ in paragraph (c)(7). Security Information Procedures. The E. Removing ‘‘Reproductions’’ and Secretary takes this action to update Electronic Access to This Document adding, in its place, ‘‘In regard to existing regulations and to eliminate You may view this document, as well internal use, reproductions’’ in unnecessary regulations. as all other Department of Education paragraph (d) introductory text. DATES: These regulations are effective documents published in the Federal F. Adding ‘‘electronic media’’ before September 22, 2000. Register, in text or Adobe Portable ‘‘motion’’ in paragraph (d)(7).
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G. Adding ‘‘internal’’ after ‘‘other’’; ADDRESSES: Send written comments to before they are authorized for the and removing ‘‘of the Office of Narindar Kumar at the address listed requirements. Thus, EPA will Administrative Resources’’, and adding, below for contact. You can view and implement those requirements and in its place, ‘‘for’’ in paragraph (d)(8). copy Tennessee’s application from 8 prohibitions in Tennessee, including H. Adding ‘‘internally’’ after ‘‘only’’ in a.m. to 4:30 p.m. at the following issuing permits, until the State is paragraph (e) introductory text. addresses: Tennessee Department of granted authorization to do so. I. Removing ‘‘Assistant Secretary for Environment and Conservation, C. What Is the Effect of Today’s Human Resources and Administration’’ Division of Solid Waste Management, Authorization Decision? and adding, in its place, ‘‘the Director 5th Floor, L & C Tower, 401 Church for Management’’ in paragraph (e)(3). Street, Nashville, Tennessee 37243– The effect of this decision is that a 1535; and EPA Region 4, Library, The facility in Tennessee subject to RCRA PART 19 [REMOVED] Sam Nunn Atlanta Federal Center, 61 will now have to comply with the 3. Part 19 is removed. Forsyth Street, SW, Atlanta, Georgia authorized State requirements instead of 30303–3104; (404) 562–8190. the equivalent Federal requirements in [FR Doc. 00–24390 Filed 9–21–00; 8:45 am] FOR FURTHER INFORMATION CONTACT: order to comply with RCRA. Tennessee BILLING CODE 4000±01±P Narindar Kumar, Chief, RCRA Programs has enforcement responsibilities under Branch, Waste Management Division, its state hazardous waste program for U.S. Environmental Protection Agency, violations of such program, but EPA ENVIRONMENTAL PROTECTION The Sam Nunn Atlanta Federal Center, retains its authority under RCRA AGENCY 61 Forsyth Street, SW, Atlanta, Georgia sections 3007, 3008, 3013, and 7003, 30303–3104; (404) 562–8440. which include, among others, authority 40 CFR Part 271 to: SUPPLEMENTARY INFORMATION: • [FRL±6874±6] Do inspections, and require A. Why Are Revisions to State monitoring, tests, analyses or reports Tennessee: Final Authorization of Programs Necessary? • Enforce RCRA requirements and State Hazardous Waste Management suspend or revoke permits States which have received final Program Revision • Take enforcement actions regardless authorization from EPA under RCRA of whether the State has taken its own AGENCY: Environmental Protection section 3006(b), 42 U.S.C. 6926(b), must actions Agency (EPA). maintain a hazardous waste program This action does not impose ACTION: Immediate final rule. that is equivalent to, consistent with, additional requirements on the and no less stringent than the Federal regulated community because the SUMMARY: Tennessee has applied to EPA program. As the Federal program regulations for which Tennessee is for Final authorization of the changes to changes, States must change their being authorized by today’s action are its hazardous waste program under the programs and ask EPA to authorize the already effective, and are not changed Resource Conservation and Recovery changes. Changes to State programs may by today’s action. Act (RCRA). Tennessee’s revision be necessary when Federal or State consists of the provisions contained in statutory or regulatory authority is D. Why Wasn’t There a Proposed Rule RCRA Cluster VII. EPA has determined modified or when certain other changes Before Today’s Rule? that these changes satisfy all occur. Most commonly, States must EPA did not publish a proposal before requirements needed to qualify for Final change their programs because of today’s rule because we view this as a authorization, and is authorizing the changes to EPA’s regulations in 40 Code routine program change and do not State’s changes through this immediate of Federal Regulations (CFR) parts 124, expect comments that oppose this final action. EPA is publishing this rule 260 through 266, 268, 270, 273 and 279. approval. We are providing an to authorize the changes without a prior opportunity for public comment now. In proposal because we believe this action B. What Decisions Have We Made in This Rule? addition to this rule, in the proposed is not controversial and do not expect rules section of today’s Federal Register comments that oppose it. Unless we get We conclude that Tennessee’s we are publishing a separate document written comments which oppose this application to revise its authorized that proposes to authorize the state authorization during the comment program meets all of the statutory and program changes. period, the decision to authorize regulatory requirements established by Tennessee’s changes to their hazardous RCRA. Therefore, we grant Tennessee E. What Happens if EPA Receives waste program will take effect. If we get Final authorization to operate its Comments That Oppose This Action? comments that oppose this action, we hazardous waste program with the If EPA receives comments that oppose will publish a document in the Federal changes described in the authorization this authorization, we will withdraw Register withdrawing this rule before it application. Tennessee has this rule by publishing a document in takes effect and a separate document in responsibility for permitting Treatment, the Federal Register before the rule the proposed rules section of this Storage, and Disposal Facilities (TSDFs) becomes effective. EPA will base any Federal Register will serve as a proposal within its borders (except in Indian further decision on the authorization of to authorize the changes. Country) and for carrying out the the state program changes on the DATES: This Final authorization will aspects of the RCRA program described proposal mentioned in the previous become effective on November 21, 2000 in its revised program application, paragraph. We will then address all unless EPA receives adverse written subject to the limitations of the public comments in a later final rule. comment by October 23, 2000. If EPA Hazardous and Solid Waste You may not have another opportunity receives such comment, it will publish Amendments of 1984 (HSWA). New to comment. If you want to comment on a timely withdrawal of this immediate Federal requirements and prohibitions this authorization, you must do so at final rule in the Federal Register and imposed by Federal regulations that this time. inform the public that this authorization EPA promulgates under the authority of If we receive comments that oppose will not take effect. HSWA take effect in authorized States only the authorization of a particular
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Description of federal requirement Federal Register date and page Analogous state authority 1
153ÐConditionally Exempt Small Quan- 07/01/96 Tennessee Code Annotated (TCA) 68±212±104(7), 68±212±107(a) & (d)(3); tity Generator Disposal Options under 61 FR 34252 Tennessee Revised Code (TRC) 1200±1±11±.02(1)(e)6(iii) introl., Subtitle D. .02(1)(e)6(iii)(I)±(VI), .02(1)(e)6(iii)(VI)I & II, .02(1)(e)6(iii)(VII), .02(1)(e)7(iii) introl, .02(1)(e)7(iii)(I)±(VI), .02(1)(e)7(iii)(VI) & II, .02(1)(e)7(iii)(VII). 154ÐConsolidated Organic Air Emission 12/06/94, 59 FR 62896; 05/19/95, 60 Tennessee Code Annotated (TCA) 68±212±104(6) & (7), 68±212±106(a)(1), Standards for Tanks, Surface Im- FR 26828; 09/29/95, 60 FR 50426; 68±212±107(a), (d)(3), (4) & (9), 68±212±108(a)(1); Tennessee Revised Code poundments, and Containers. 11/13/95, 60 FR 56952; 02/09/96, 61 (TRC) 1200±1±11±.01(2)(b)1±2, .02(1)(f)3(i), .03(4)(e)2(i)(I)±(II), .03(4)(e)6(ii), FR 4903; 06/05/96, 61 FR 28508; 11/ .06(2)(d)2(vi)&(viii), .06(2)(d)2(viii)(I)±(II), .06(2)(f)2(iv), .06(5)(d)2(iii) & (vi), 25/96, 61 FR 59932 .06(5)(h)3, .06(9)(j), .06(10)(k), .06(11)(m), .06(27)(b), .06(30)(a)2, .06(30)(a)2(i)±(iii), .06(30)(c) (Note), .06(30)(d)1(ii), .06(30)(d)6(ii)(VI)II, .06(30)(d)11, .06(30)(d)11(i)±(ii), .06(30)(d)12, .06(30)(d)12(i), .06(30)(d)12(i)(I)±(II), .06(30)(d)12(i)(II)I±II, .06(30)(d)12(i)(III)±(IV), .06(30)(d)12(ii), .06(30)(d)12(ii)(I)±(IV), .06(30)(d)12(iii), .06(30)(d)12(iii)(II)± (IV), .06(30)(d)13 & 14, .06(30)(d)14(i), .06(30)(d)14(i)(I)±(III), .06(30)(d)14(ii), .06(3)(d)14(ii)(I)±(II), .06(30)(d)14(iii), .06(30)(d)14(iii)(I)±(II), .06(30)(d)15, .06(30)(d)15(i)±(ii), .06(30)(e)2, .06(30)(f)3(ix)±(x), .06(30)(d)12(i)(I)±(II), .06(30)(d)12(i)(II)I±II, .06(30)(d)12(i)(III)±(IV), .06(30)(d)12(ii), .06(30)(d)12(ii)(I)±(IV), .06(30)(d)12(iii), .06(30)(d)12(iii)(II)±(IV), .06(30)(d)13 & 14, .06(30)(d)14(i), .06(30)(d)14(i)(I)±(III), .06(30)(d)14(ii), .06(3)(d)14(ii)(I)± (II), .06(30)(d)14(iii), .06(30)(d)14(iii)(I)±(II), .06(30)(d)15, .06(30)(d)15(i)±(ii), .06(30)(e)2, .06(30)(f)3(ix)±(x),.06(30)(f)3(x)(I)±(V), .06(30)(f)3(x)(V)I±II, .06(30)(f)4, .06(31)(a)2, .06(31)(a)2(i)±(iii), .06(31)(a)6, .06(31)(a)6 Note:, .06(31)(f)1±2, .06(31)(f)2(i)±(iii), .06(31)(f)3, .06(31)(i)5, .06(31)(o)7(vi), .06(32)(a)1±2, .06(32)(a)2(i)±(viii), .06(32)(a)3±4, .06(32)(a)4(i)±(iii), .06(32)(b), .06(32)(c)1±3, .06(32)(c)3(i)±(ii), .06(32)(c)3(ii)(I)±(IV), .06(32)(c)3(ii)(IV)I, .06(32)(c)3(ii)(IV)(iv)(B), .06(32)(c)3(ii)(V), .06(32)(c)3(ii)(V)I±III, .06(32)(c)3(ii)(VI)±(VII), .06(32)(c)3(ii)(VII)I±II, .06(32)(c)3(ii)(VIII), .06(32)(c)3(ii)(VIII)I±II, .06(32)(c)3(IX), .06(32)(c)3(IX)I±II, .06(32)(c)3(iii)±(iv), .06(32)(c)3(iv)(I)±(II), .06(32)(c)3(v), .06(32)(c)(v)(I)±(III), .06(32)(c)4, .06(32)(c)4(i)±(ii), .06(32)(c)4(ii)(I)±(II), .06(32)(c)4(iii)±(v), .06(32)(c)4(v)(I)±(III), .06(32)(d)1, .06(32)(d)1(i)±(ii), .06(32)(d)2, .06(32)(d)2(i)±(ii), .06(32)(d)3, .06(32)(d)3(i)±(ii), .06(32)(d)4, .06(32)(e)1±2, .06(32)(e)2(i), .06(32)(e)2(i)(I), .06(32)(e)2(i)(I)I±III, .06(32)(e)2(i)(II)±(III), .06(32)(e)2(ii), .06(32)(e)3, .06(32)(e)3(i)±(ii), .06(32)(e)3(ii)(I)±(III), .06(32)(e)3(ii)(III)I±II, .06(32)(e)3(ii)(IV), .06(32)(e)3(iii), .06(32)(e)3(iii)(I), .06(32)(e)3(iii)(I)I±III, .06(32)(e)3(iv), .06(32)(e)3(iv)(I)±(IV), .06(32)(e)4, .06(32)(e)4(i)±(v), .06(32)(e)5, .06(32)(e)5(i), .06(32)(e)5(i)(I)±(II), .06(32)(e)5(i)(II)I±II, .06(32)(e)5(i)(III), .06(32)(e)5(i)(III)I±VI, .06(32)(e)5(ii), .06(32)(e)5(ii)(I)±(III), .06(32)(e)5(iii), .06(32)(e)5(iii)(I)±(II), .06(32)(e)5(iii)(II)I± IV, .06(32)(e)5(iii)(IV)I±II, .06(32)(e)5(iii)(V)±(VI), .06(32)(e)6, .06(32)(e)6(i), .06(32)(e)6(i)(I)±(II), .06(32)(e)6(i)(II)I±II, .06(32)(e)6(i)(III), .06(32)(e)6(i)(III)I± IX, .06(32)(e)6(ii), .06(32)(e)6(ii)(I)±(VIII), .06(32)(e)6(iii), .06(32)(e)6(iii)(I), .06(32)(e)6(iii)(I)IV.A±D, .06(32)(e)6(iii)(I)V±VI, .06(32)(e)6(iii)(II), .06(32)(e)6(iii)(II)I±IV, .06(32)(e)6(iii)(III) .06(32)(e)6(iii)(III)I±III, .06(32)(e)7, .06(32)(e)7(i), .06(32)(e)7(i)(I)±(IV), .06(32)(e)7(ii), .06(32)(e)7(ii)(I), .06(32)(e)7(ii)(I)I±II, .06(32)(e)7(ii)(II), .06(32)(e)7(iii), .06(32)(e)7(iii)(I)±(V), .06(32)(e)8, .06(32)(e)8(i)±(iii), .06(32)(e)9, .06(32)(e)9(i)±(iv), .06(32)(e)10, .06(32)(e)10(I), .06(32)(e)10(ii), .06(32)(e)10(ii)(I)±(II), .06(32)(e)11, .06(32)(e)11(I), .06(32)(e)11(ii), .06(32)(e)12, .06(32)(e)12(I), .06(32)(e)12(I)(I)±(II), .06(32)(e)12(ii), .06(32)(f)1±2, .06(32)(f)2(i)±(ii), .06(32)(f)3, .06(32)(f)3(i), .06(32)(f)3(i)(I)±(II), .06(32)(f)3(i)(II)I±II, .06(32)(f)3(i)(III)±(VI), .06(32)(f)3(ii), .06(32)(f)3(ii)(I), .06(32)(f)3(ii)(I)I±II, .06(32)(f)3(ii)(II), .06(32)(f)3(iii), .06(32)(f)3(iii)(I)±(IV), .06(32)(f)4, .06(32)(f)4(i), .06(32)(f)4(i)(I)±(IV), .06(32)(f)4(ii), .06(32)(f)4(ii)(I), .06(32)(f)4(ii)(I)I±II, .06(32)(f)4(ii)(II), .06(32)(e)12(I), .06(32)(e)12(I)(I)±(II), .06(32)(f)1±2, .06(32)(f)2(i)±(ii), .06(32)(f)3, .06(32)(f)3(i), .06(32)(f)3(i)(I)±(II), .06(32)(f)3(i)(II)I±II, .06(32)(f)3(i)(III)±(VI), .06(32)(f)3(ii), .06(32)(f)3(ii)(I), .06(32)(f)3(ii)(I)I±II, .06(32)(f)3(ii)(II), .06(32)(f)3(iii), .06(32)(f)3(iii)(I)±(IV), .06(32)(f)4, .06(32)(f)4(i), .06(32)(f)4(i)(I)±(IV), .06(32)(f)4(ii), .06(32)(f)4(ii)(I), .06(32)(f)4(ii)(I)I±II, .06(32)(f)4(ii)(II), .06(32)(f)4(iii), .06(32)(f)4(iii)(I)±(V),
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Description of federal requirement Federal Register date and page Analogous state authority 1
.06(32)(f)5(i)±(ii), .06(32)(f)5, .06(32)(f)5(ii)(I)±(II), .06(32)(f)6, .06(32)(f)6(i)±(ii), .06(32)(f)7, .06(32)(f)7(i)±(ii), .06(32)(g)1±2, .06(32)(g)2(i), .06(32)(g)2(i)(I)± (III), .06(32)(g)2(ii), .06(32)(g)3, .06(32)(g)3(i), .06(32)(g)3(i)(I)±(III), .06(32)(g)3(ii)±(iii), .06(32)(g)3(iii)(I), .06(32)(g)3(iii)(I)I±II, .06(32)(g)3(iii)(II), .06(32)(g)3(iii)(II)I±II, .06(32)(g)3(iii)(III)±(V), .06(32)(g)3(iv), .06(32)(g)3(iv)(I)± (III) & (V), .06(32)(g)4, .06(32)(g)4(i), .06(32)(g)4(i)(I)±(III), .06(32)(g)4(ii)±(iii), .06(32)(g)4(iii)(I), .06(32)(g)4(iii)(I)I±II, .06(32)(g)7, .06(32)(g)7(i)±(ii), .06(32)(g)8, .06(32)(g)8(i)±(iii), .06(32)(h)1±2, .06(32)(h)2(i)±(iii), .06(32)(h)2(iii)(I)±(II), .06(32)(h)2(iv), .06(32)(h)3, .06(32)(h)3(i), .06(32)(h)3(i)(I)±(III), .06(32)(h)3(ii), .06(32)(h)3(ii)(I)±(VI), .06(32)(h)3(iii), .06(32)(h)3(iii)(I)±(II), .06(32)(h)3(iv)±(v), .06(32)(h)3(v)(I), .06(32)(h)3(v)(I)I±V, .06(32)(h)3(v)(II)±(V), .06(32)(h)3(vi)±(vii), .06(32)(i)1±2, .06(32)(j)1±2, .06(32)(j)2(i), .06(32)(j)2(i)(I)±(II), .06(32)(j)2(i)(II)I±II, .06(32)(j)2(ii), .06(32)(j)2(ii)(I)±(III), .06(32)(j)2(ii)(III)±III, .06(32)(j)2(ii)(IV), .06(32)(j)2(ii)(IV)I± II, .06(32)(j)3, .06(32)(j)3(i)±(iii), .06(32)(j)3(iii)(I)±(II), .06(32)(j)3(iv), .06(32)(j)4, .06(32)(j)4(i)±(ii), .06(32)(j)5, .06(32)(j)5(i), .06(32)(j)5(i)(I)±(V), .06(32)(j)5(i)(V)±III, .05(27)(d)13(ii)(I)±(II), .05(27)(d)13(iii), .05(27)(d)13(iii)(I)± (II), .05(27)(d)14, .05(27)(d)14(i)±(ii), .05(27)(e)2, .05(27)(f)3(iii), (ix), & (x), .05(27)(f)3(x)(I)±(V), .05(27)(f)3(x)(V)I±II, .05(27)(f)4, .05(28)(a)2, .05(28)(a)2(i)±(iii), .05(28)(a)5, .05(28)(a) Note, .05(28)(f)1±2, .05(28)(f)2(i)± (iii), .05(28)(f)3, .05(28)(i)5, .05(28)(o)7(vi), .05(29)(a)1±2(i)±(viii), .05(29)(a)2(i)±(viii), .05(29)(a)3, .05(29)(a)3(i)±(ii), .05(29)(a)4, .05(29)(a)4(i)± (iii), .05(29)(b), .05(29)(c)1, .05(29)(c)1(i)±(ii), .05(29)(c)1(ii)(I)±(IV), .05(29)(c)2, .05(29)(c)2(i)±(ii), .05(29)(c)2(ii)(I)±(III), .05(29)(c)3, .05(29)(d)1±3, 05(29)(d)3 .05(29)(d)3(i)±(ii), .05(29)(d)3(ii)(I)±(IV), .(ii)(IV)I±II, .05(29)(d)3(ii)(V), .05(29)(d)3(ii)(V)I±III, .05(29)(d)3(ii)(VI)±(VII), .05(29)(d)3(ii)(VII)I±II, .05(29)(d)3(ii)(VIII), .05(29)(d)3(ii)(VIII)I±II, .05(29)(d)3(ii)(IX), .05(29)(d)3(ii)(IX)I±II, .05(29)(d)3(iii)±(iv), .05(29)(d)3(iv)(I)± (II), .05(29)(e)1(iii)(II)I±III, .05(29)(e)1(iii)(III), .05(29)(e)1(iii)(III)I±VI, .05(29)(e)1(iii)VIA±B, .05(29)(e)1(iii)VII, .05(29)(e)1(iii)VIIA±B, .05(29)(e)1(iii)VIII±IX, .05(29)(e)1(iii)(IV), .05(29)(e)1(iv), .05(29)(e)1(iv)(1)± (IV), .05(29)(e)2, .05(29)(e)2(i)±(iii), .05(29)(e)2(iii)(I)±(II), .05(29)(e)2(iii)(II)I± III, .05(29)(e)2(iii)(III), .05(29)(e)2(iii)(III)I±VI, .05(29)(e)2(iii)(III)VIA±B, .05(29)(e)2(iii)(III)VII, .05(29)(e)2(iii)(III)VII A±B, .05(29)(e)2(iii)(III)VIII±IX, .05(29)(e)2(iii)(IV), .05(29)(e)2(iv), .05(29)(e)2(iv)(I)±(III), .05(29)(e)2(v), .05(29)(e)2(v)(I)±(III), .05(29)(e)2(v)(III)I±II, .05(29)(e)2(v)(IV)±(V), .05(29)(e)2(vi), .05(29)(e)2(vi)(I)±(II), .05(29)(e)2(vii), .05(29)(e)2(vii)(I)±(IV), .05(29)(e)2(viii), .05(29)(e)2(viii)(I)±(III), .05(29)(e)2(ix), .05(29)(e)2(ix)(I)±(IV), .05(29)(e)3, .05(29)(e)3(i)±(iii), .05(29)(e)3(iii)(I)±(II), .05(29)(e)3(iii)(II)I±V, .05(29)(e)3(iv), .05(29)(e)4, .05(29)(e)4(i)±(v), .05(29)(e)4(v)(I)±(II), .05(29)(e)4(vi)±(ix), .05(29)(f)1±2, .05(29)(f)2(i), .05(29)(f)2(i)±(I), .05(29)(f)2(i)(I)I±III, .05(29)(f)2(i)(II)±(III), .05(29)(f)2(ii), .05(29)(f)3, .05(29)(f)3(i)±(ii), .05(29)(f)3(ii)(I)±(III), .05(29)(f)3(ii)(III)I±II .05(29)(f)3(ii)(IV), .05(29)(f)3(iii), .05(29)(f)3(iii)(I), .05(29)(f)3(iii)(I)I±II, .05(29)(f)3(iii)(II)±(III), .05(29)(f)3(iv), .05(29)(f)3(iv)(I)±(IV), .05(29)(f)4, .05(29)(f)4(i)±(v), .05(29)(f)5, .05(29)(f)5(i), .05(29)(f)5(i)(I)±(II), .05(29)(f)5(i)(II)I±II, .05(29)(f)5(i)(III), .05(29)(f)5(i)(III)I±VI, .05(29)(f)5(ii), .05(29)(f)5(ii)(I)±(III), .05(29)(f)5(iii), .05(29)(f)5(iii)(I)±(II), .05(29)(f)5(iii)(II)I±II, .05(29)(f)5(iii)(III)±(IV), .05(29)(f)5(iii)(IV)I±II, .05(29)(f)5(iii)(V)±(VI), .05(29)(f)6, .05(29)(f)6(i), .05(29)(f)6(i)(I)±(II), .05(29)(f)6(i)(II)I±II, .05(29)(f)6(i)(III), .05(29)(f)6(i)(III)I±IX, .05(29)(f)6(ii), .05(29)(f)6(ii)(I)±(VIII), .05(29)(f)6(iii), .05(29)(f)6(iii)(I), .05(29)(f)6(iii)(I)I±IV, .05(29)(f)6(iii)(I)I±IV A±D, .05(29)(f)6(iii)(I)V±VI, .05(29)(f)6(iii)(II), .05(29)(f)6(iii)(II)I±IV, .05(29)(f)6(iii)(III), .05(29)(f)6(iii)(III)I±III, .05(29)(f)7, .05(29)(f)7(i), .05(29)(f)7(i)(I), .05(29)(f)7(i)(I)±(IV), .05(29)(f)7(ii), .05(29)(f)7(ii)(I), .05(29)(f)7(ii)(I)I±II, .05(29)(f)7(ii)(II), .05(29)(f)7(iii), .05(29)(f)7(iii)(I)±(V), .05(29)(f)8, .05(29)(f)8(i)±(iii), .05(29)(f)9, .05(29)(f)9(i)± (iv), .05(29)(f)10, .05(29)(f)10(i)±(ii), .05(29)(f)10(ii)(I)±(II), .05(29)(f)11, .05(29)(f)11(i)±(ii), .05(29)(f)12, .05(29)(f)12(i), .05(29)(f)12(i)(I)±(II), .05(29)(f)12(ii), .05(29)(g)1±2, .05(29)(g)2(i)±(ii), .05(29)(g)3, .05(29)(g)3(i), .05(29)(g)3(i)(I)±(II), .05(29)(g)3(i)(II)I±VI, .05(29)(g)3(ii), .05(29)(g)3(ii)(I), .05(29)(g)3(ii)(I)I±II, .05(29)(g)3(ii)(II), .05(29)(g)3(iii), .05(29)(g)3(iii)(I)±(IV), .05(29)(g)4, .05(29)(g)4(i), .05(29)(g)4(i)(I)±(IV), .05(29)(g)4(ii), .05(29)(g)4(ii)(I), .05(29)(g)4(ii)(I)I±II, .05(29)(g)4(ii)(II), .05(29)(g)4(iii), .05(29)(g)4(iii)(I)±(V), .05(29)(g)5, .05(29)(g)5(i)±(ii), .05(29)(g)5(ii)(I)±(II), .05(29)(g)6, .05(29)(g)6(i)±(ii), .05(29)(g)7, .05(29)(g)7(i)±(ii), .05(29)(h)1±2, .05(29)(h)2(i), .05(29)(h)2(i)(I)±(III), .05(29)(h)2(ii), .05(29)(h)3, .05(29)(h)3(i), .05(29)(h)3(i)(I)±(III), .05(29)(h)3(ii)±(iii), .05(29)(h)3(iii)(I), .05(29)(h)3(iii)(I)I±II, .05(29)(h)3(iii)(II), .05(29)(h)3(iii)(II)I±II, .05(29)(h)3(iii)(III)±(V), .05(29)(h)3(iv), .05(29)(h)3(iv)(I)±(III), .05(29)(h)3(v), .05(29)(h)4, .05(29)(h)4(i), .05(29)(h)4(i)(I)±(III), .05(29)(h)4(ii)±(iii), .05(29)(h)4(iii)(I), .05(29)(h)4(iii)(I)I±II, .05(29)(h)4(iii)(II), .05(29)(h)4(iii)(II)I±II, .05(29)(h)4(iii)(III)±(V), .05(29)(h)4(iv), .05(29)(h)4(iv)(I)±(III), .05(29)(h)5, .05(29)(h)5(i), .05(29)(h)5(i)(I)±(II), .05(29)(h)5(i)(II), .05(29)(h)5(ii), .05(29)(h)5(ii)(I)±(II), .05(29)(h)5(iii)±(v), .05(29)(h)6, .05(29)(h)6(i)±(iv), .05(29)(h)7, .05(29)(h)7(i)±(ii), .05(29)(h)7(ii),
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Description of federal requirement Federal Register date and page Analogous state authority 1
.05(29)(h)8, .05(29)(h)8(i)±(iii), .05(29)(i)1±2, .05(29)(i)2(i)±(iii), .05(29)(i)2(iii)(I)(II), .05(29)(i)2(iv), .05(29)(i)3, .05(29)(i)3(i), .05(29)(i)3(i)(I)± (III), .05(29)(i)3(ii), .05(29)(i)3(ii)(I)±(VI), .05(29)(i)3(iii), .05(29)(i)3(iii)(I)±(II), .05(29)(i)3(iv)±(v), .05(29)(i)3(v)(I), .05(29)(i)3(v)(II±IV, .05(29)(i)3(v)(II)±(V), .05(29)(i)3(vi)±(vii), .05(29)(j)1±2, .05(29)(k)1±2, .05(29)(k)2(i), .05(29)(k)2(i)(I)±(II), .05(29)(k)2(i)(II)I±II, .05(29)(k)2(ii), .05(29)(k)2(ii)(I)±(III), .05(29)(k)2(ii)(III)I±II, .05(29)(k)2(ii)(IV), .05(29)(k)2(ii)(IV)I±II, .05(29)(k)3, .05(29)(k)3(i)±(iii), .05(29)(k)3(iii)(I)±(II), .05(29)(k)3(iv), .05(29)(k)4, .05(29)(k)4(i)±(ii), .05(29)(k)5, .05(29)(k)5(i), .05(29)(k)5(i)(I)±(V), .05(29)(k)5(i)(V)I±II, .05(29)(k)5(i)(VI), .05(29)(k)5(i)(VI)I±III, .05(29)(k)5(i)(VII), .05(29)(k)5(i)(VII), .05(29)(k)6, .05(29)(k)6(i)±(ii), .05(29)(k)7±9, .05(29)(k)9(i)± (ii), .05(29)(k)9(ii)(I)±(II), .05(29)(k)4(i)±(ii), .05(29)(k)5, .05(29)(k)5(i), .05(29)(k)5(i)(I)±(V), .05(29)(k)5(i)(V)I±II, .05(29)(k)5(i)(VI), .05(29)(k)5(i)(VI)I± III, .05(29)(k)5(i)(VII), .05(29)(k)5(i)(VII), .05(29)(k)6, .05(29)(k)6(i)±(ii), .05(29)(k)7±9, .05(29)(k)9(i)±(ii), .05(29)(k)9(ii)(I)±(II), .05(29)(k)9(iii), .05(29)(k)9(iii)(I)±(II), .05(29)(l), .05(53) Appendix VI, .07(8)(g)1(ii)±(iv), .07(5)(a)1(v), .07(5)(b)1(v), .07(5)(b)2(xi), .07(5)(b)3(x), .07(5)(b)13(i), .07(5)(b)13(i)(I)±(VII) 155ÐLand Disposal Restrictions Phase 01/14/97 Tennessee Code Annotated (TCA) 68±212±104(7) & (16), 68±212±106(a)(1), IIIÐEmergency Extension of the K088 62 FR 1992 68±212±107(a), (d)(1), (3), & (9); Tennessee Revised Code (TRC) 1200±1± Capacity Variance. 11±.10(2)(j)3 156ÐMilitary Munitions Rule: Hazardous 02/12/97 Tennessee Code Annotated (TCA) 68±212±104(6)±(8), (14) & (15), 68±212± Waste Identification and Management; 62 FR 6622 106(a)(1) & (3), 68±212±107(a) & (d)(1)±(3), (5), & (9), 68±212±108(a)(1); Explosives Emergencies, Manifest Ex- Tennessee Revised Code (TRC) 1200±1±11±.01±(2)(a), .02(1)(b)1(ii)(III)±(IV), emption for Transport of Hazardous .03(1)(a)10, .03(3)(a)6, .04(1)(a)6±7, .06(1)(b)2(vii)(I)IV, .06(1)(b)2(vii)(IV), Waste on Right of Ways on Contig- .06(1)(b)8, .06(5)(a), .06(34)(a)±(b), .06(34)(b)1(i)±(v), .06(34)(b)2, uous Properties. .06(34)(b)2(i), .06(34)(b)2(i)(I)±(II), .06(34)(b)2(i)(II)I±III, .06(34)(b)2(i)(III), .06(34)(b)2(ii)±(iii), .06(34)(b)3±6, .06(34)(c)1±2, .05(1)(b)2(vii)(I)IV, .05(1)(b)2(vii)(IV), .05(1)(d), .05(5)(a), .05(31)(a), .05(31)(b)1, .05(31)(b)1(i)± (v), .05(31)(b)2, .05(31)(b)2(i), .05(31)(b)2(i)(I)±(II), .05(31)(b)2(i)(II)I±III, .05(31)(b)2(i)(III), .05(31)(b)2(ii)±(iii), .05(31)(b)3±6, .05(31)(c)1±2, .09(13)(a)1±2, .09(13)(b), .01(2)a, .09(13)(c)1, .09(13)(c)1(i), .09(13)(c)1(i)(I)± (III), .09(13)(c)1(ii), .09(13)(c)2, .09(13)(c)2(i)±(iv), .09(13)(c)3, .09(13)(c)3(i)± (ii), .09(13)(c)4, .09(13)(d)1, .09(13)(d)1(i), .09(13)(d)1(i)(I)±(III), .09(13)(d)1(ii)±(iv), .09(13)(d)2±3, .09(13)(e), .09(13)(f)1, .09(13)(f)1(i), .09(13)(f)1(i)(I)±(VII), .09(13)(f)1(ii)±(iii), .09(13)(f)2±4, .09(13)(f)4(i)±(ii), .09(13)(f)5, .09(13)(g), .07(1)(b)5(i)(IV), .07(1)(b)5(iii), .07(9)(c)5(viii), .07(9)(c)5(viii)(I)±(III), .07(9)(c)6(ix) 157ÐLand Disposal Restriction Phase 05/12/97 Tennessee Code Annotated (TCA) 68±212±104(7) & (16), 68±212±106(a)(1), IVÐTreatment Standards for Wood 62 FR 25998 68±212±107(a), (d)(1), (3) & (9); Tennessee Revised Code (TRC) 1200±1± Preserving Wastes, Paperwork Re- 11± .02(1)(a)3(ix)±(xii), .02(1)(b)3 Table 1, .02(1)(d)1(xv)±(xvi), duction and Streamlining, Exemptions .02(1)(d)1(xvi)(I)±(II), .02(1)(f)1(iii)(II), .10(1)(a)5±5(iii), .10(1)(a)5(iv), from RCRA for Certain Processed .10(1)(d)1(ii)(IV), .10(1)(d)1(iv), .10(1)(g)1, .10(1)(g)1(i)±(iii), .10(1)(g)1(iii)(I)± Materials; and Miscellaneous Haz- (II), .10(1)(g)1(iv), .10(1)(g)1(iv) table, .10(1)(g)1(v), .10(1)(g)1(v)(I)±(III), ardous Waste. .10(1)(g)1(vi)±(ix), .10(1)(g)1(ix)(I)±(IV), .10(1)(g)1(x), .10(1)(g)2, .10(1)(g)2(i)± (iii), .10(1)(g)2(iii)(I)±(II), .10(1)(g)2(iii)(II) table, .10(1)(g)2(iv), .10(1)(g)2(iv)(I)± (V), .10(1)(g)2(v)±(vi), .10(1)(g)3(i)±(ii), .10(1)(i)1, .10(1)(i)4(i)(II), .10(2)(a)1±4, .10(2)(a)4(i)±(iv), .10(2)(a)5, .10(2)(c)±(g), .10(3)(a) Table of Treatment Stand- ards for Hazardous Waste, .10(3)(c) Table 1, .10(3)(e) (Reserved), .10(5), .10(5) Appendix VI±VIII, .10(5) 158ÐTesting and Monitoring Activities 06/13/97 Tennessee Code Annotated (TCA) 68±212±104(7); 68±212±106(a)(1), 68±212± Amendment III. 62 FR 32452 107(d)(1); Tennessee Revised Code (TRC) 1200±1±11± .01(2)(b)1, .01(2)(b)1(i)±(xv), .06(30)(e)4(i)(III), .06(30)(e)6, .06(31)(n)4(ii), .06(57) Appen- dix IX Footnote 5, .05(27)(e)4(i)(III), .05(27)(e)6, .05(28)(n)4(ii), .09(8)(e)5(i), .09(8)(g)7(i)±(ii), .09(8)(h)6, .09(30) Appendix IX 159ÐConformance With the Carbamate 06/17/97 Tennessee Code Annotated (TCA) 68±212±104(7) & (16), 68±212±106(a)(1); Vacatur. 62 FR 32974 68±212±107(a), (d)(1), (3), & (9); Tennessee Revised Code (TRC) 1200±1± 11± .0(4)(c) Table, .02(4)(d)6, .02(5) Appendix VII & VIII, .10(2)(j)1 & 4, .10(3)(a) Table 1 The Tennessee provisions are from the Tennessee Hazardous Waste Management Regulations adopted February 3, 1998.
H. Where Are the Revised State Rules program is approved, EPA will suspend J. How Does Today’s Action Affect Different From the Federal Rules? issuance of Federal permits in the State. Indian Country (18 U.S.C. 115) in There are no State requirements that EPA will transfer any pending permit Tennessee? are more stringent or broader in scope applications, completed permits or The State of Tennessee’s Hazardous than the Federal requirements. pertinent file information to the State Waste Program is not being authorized within thirty days of the approval of the to operate in Indian Country. I. Who Handles Permits After the State program. We will not issue any Authorization Takes Effect? more new permits or new portions of K. What Is Codification and Is EPA Codifying Tennessee’s Hazardous Tennessee will issue permits for all permits for the provisions listed in the Waste Program as Authorized in This the provisions for which it is authorized Table above after the effective date of Rule? and will administer the permits it this authorization. EPA will continue to issues. EPA will continue to administer implement and issue permits for HSWA Codification is the process of placing any RCRA hazardous waste permits or requirements for which Tennessee is not the State’s statutes and regulations that portions of permits which we issued yet authorized. comprise the State’s authorized prior to the effective date of this hazardous waste program into the Code authorization. At the time the State of Federal Regulations. We do this by
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Proposed Rules Federal Register Vol. 65, No. 185
Friday, September 22, 2000
This section of the FEDERAL REGISTER Floor, Washington, DC 20219, national bank lending limit, governs the contains notices to the public of the proposed Attention: Docket No. 00–19; Fax percentage of capital and surplus that a issuance of rules and regulations. The number (202) 874–5274 or Internet bank may loan to any one borrower. purpose of these notices is to give interested address: [email protected]. OCC regulations implementing section persons an opportunity to participate in the Comments may be inspected and rule making prior to the adoption of the final 84 are set forth at 12 CFR part 32. Under rules. photocopied at the OCC’s Public section 84 and part 32, a national bank Reference Room, 250 E Street, SW., can make unsecured loans of up to 15 Washington, DC, between 9 a.m. and 5 percent of its unimpaired capital and DEPARTMENT OF THE TREASURY p.m. on business days. You can make an surplus to a single borrower, and extend appointment to inspect the comments an additional 10 percent of unimpaired Office of the Comptroller of the by calling (202) 874–5043. capital and surplus to the same Currency FOR FURTHER INFORMATION CONTACT: borrower, if the loan is secured by Stuart Feldstein, Assistant Director, ‘‘readily marketable collateral.’’ Part 32 12 CFR Part 32 Legislative and Regulatory Activities refers to these lending limits as ‘‘the [Docket No. 00±19] Division, (202) 874–5090; Deborah Katz, combined general limit.’’ The statute Senior Attorney, Legislative and and regulation also expressly provide RIN 1557±AB82 Regulatory Activities Division, (202) other exceptions to and exemptions Community Bank-Focused Regulation 874–5090; or Heidi Thomas, Senior from the combined general limit for Review: Lending Limits Pilot Program Attorney, Legislative and Regulatory various types of loans and extensions of Activities Division, (202) 874–5090. credit. Finally, the statute authorizes the AGENCY: Office of the Comptroller of the SUPPLEMENTARY INFORMATION: OCC to establish lending limits ‘‘for Currency, Treasury particular classes or categories of loans’’ Background ACTION: Notice of proposed rulemaking. that are different from those expressly On May 12, 1999, the OCC issued an provided by its terms.’’ 12 U.S.C. SUMMARY: The Office of the Comptroller advance notice of proposed rulemaking 84(d)(1). of the Currency (OCC) is proposing to (ANPR) inviting comment on possible A majority of commenters stated that amend part 32, its regulation governing regulatory changes relating to lending the lending limits in section 84, as the percentage of capital and surplus limits, corporate activities and interpreted in part 32, are especially that a national bank may loan to any one transactions, corporate governance, and problematic for community banks borrower. This proposal would capital requirements that could benefit because they do not provide enough implement a pilot program that would community banks. 64 FR 25469. In flexibility for them to adequately serve create new exceptions to the lending issuing the ANPR, we recognized that their customers. Because of their small limit for 1–4 family residential real community banks operate with more estate loans and loans to small limited resources than larger size, community banks can quickly businesses. The proposal also would institutions and may present a different reach their lending limits. Many modify the lending limit exemption for risk profile. For example, many commenters noted that the current loans to or guaranteed by obligations of community banks have more direct lending limits have prevented them state and local governments. Only ‘‘hands-on’’ oversight by senior from continuing to lend to creditworthy eligible banks will be permitted to make management and a smaller range of customers, and that this has caused a use of the new exceptions and use of the operations such that less complex risk- loss in potential income, especially from exceptions also will be subject to an management or compliance systems valued customers whose credit needs application process. The proposal is may be appropriate. In addition, have increased with the growth of their being issued in response to the advance differences between community banks businesses. These commenters indicated notice of proposed rulemaking that the and larger banks in operational structure that, as a result of the lending limits, OCC published to initiate its community and focus may have resulted in they often must participate out larger bank-focused regulation review. The inefficient or uneven application of loans to other banks, which can be very proposal is intended to remove regulatory requirements. The purpose of burdensome and time consuming for unnecessary regulatory burden on our community bank-focused regulation both the bank and the borrower. In community banks without impairing review was to eliminate or modify addition, the commenters noted that their safety and soundness. If the regulatory requirements that impose when a community bank participates its proposed pilot program is adopted as a unnecessary burden. In addition, we loans, the bank risks losing its customer final rule, the OCC will review national sought to identify regulations for which to the participant. banks’ experience with the new it may be appropriate to develop Many commenters also noted that exceptions over the three year pilot alternative, differential regulatory States provide higher lending limits period and determine whether to retain, approaches that will minimize burden than those set forth in section 84 and modify or rescind the exceptions. on community banks without part 32. Many of these commenters DATES: Comments must be received on jeopardizing their safety and soundness. suggested that Federal lending limits be or before November 21, 2000. We received forty-one comment the same as those available for State ADDRESSES: Please direct your letters in response to the ANPR. Thirty- banks so that national banks can comments to: Communications five of these letters commented on compete on equal footing with other Division, Office of the Comptroller of various aspects of the national bank financial service providers in the the Currency, 250 E Street, SW., Third lending limit. Twelve U.S.C. 84, the markets where they compete.
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A minority of commenters found the the other lending limit exceptions apply 3. Applicable Safeguards current lending limits appropriate and to secured loans only, either when there The proposal incorporates a number opposed any lending limit increase. is specific collateral pledged or a of safeguards designed to ensure that a Some of these commenters advocated guarantee offered, we invite comment national bank’s use of the additional the use of loan participations to support on whether the exception for small authority provided by the new spreading risk. business loans should require specific exceptions is consistent with safety and collateral. Description of the Proposal soundness. The first is the per borrower The NPRM also requests comment on dollar limitation described in the This notice of proposed rulemaking whether the definition of ‘‘small preceding paragraph. The second is an (NPRM) addresses suggestions by the business loan’’ in the proposed aggregate lending cap on any loans, or commenters. Specifically, we are regulation is appropriate. This portions thereof, to all of a bank’s proposing to amend 12 CFR part 32 to definition is identical to that found in borrowers made in reliance upon the create new lending limit exceptions for our CRA regulation, 12 CFR 25.12(u), real estate and small business real estate and small business loans for which incorporates the definition of exceptions. The total amount of these national banks with main offices located ‘‘loans to small businesses’’ from the loans, or portions of loans, together, in States where a limit higher than the instructions for preparation of the cannot equal more than 100 percent of current Federal limit applies, and to Consolidated Reports of Condition and a bank’s capital and surplus. This cap is modify the lending limit exemption in Income. These include loans with similar to the statutory aggregate limit § 32.3(c) for loans to or guaranteed by original amounts of $1 million or less, on loans to all bank insiders. See 12 general obligations of State and local secured by nonfarm nonresidential U.S.C. 375b(5). governments. To ensure that national properties, and certain commercial and Third, only ‘‘eligible banks’’ can make banks use this additional lending industrial loans. use of these exceptions. To be an authority in a way that is consistent ‘‘eligible bank’’ for purposes of this part, with safe and sound banking practices, 2. Additional Lending Authority the bank must be well capitalized, as the new exceptions will be available defined in 12 CFR 6.4(b)(1),1 and must Under this proposal, a bank may only to ‘‘eligible banks,’’ and will be have a rating of 1 or 2 under the subject to an application process. extend another ten percent of its capital Uniform Financial Institutions Rating Furthermore, an aggregate limit will and surplus, in addition to the amounts System, with at least a rating of 2 for the restrict a bank’s ability to make use of permissible under the currently management component of this rating this new lending authority. applicable lending limits, to a single system. These criteria will ensure that borrower for certain real estate and New Exceptions for 1–4 Family only banks with sufficient capital and small business loans, respectively, if a good managerial oversight will be Residential Real Estate and Small bank’s main office is located in a State Business Loans permitted to use the increased limits. with a higher limit that applies to these In addition, the proposed rule 1. Categories of Loans Subject to categories of loans. The commenters requires a bank to apply to its Exceptions strongly urged the OCC to provide supervisory office and receive approval lending limit parity between a national before using either of the new In reviewing part 32, we considered a bank and a State bank in the State where number of different categories of loans exceptions. To be deemed complete, the the national bank is located. Some application must contain the following for which alternative lending limits may commenters specifically advocated that be appropriate. One-to-four family information. First, the bank must certify the OCC adopt the lending limit of their that it is an ‘‘eligible bank.’’ Second, the residential real estate and small State. business lending are lines of business bank must cite to relevant State laws or regulations showing that its main office common for community banks. Thus, A regulation that would provide exact is located in a State where the State providing additional lending authority parity between national banks and bank lending limit that applies to 1–4 in these areas is likely to be responsive banks located in all fifty States would be family residential real estate or small to the concerns described by the very complicated, however, because business loans is higher than the limit majority of commenters who responded State lending limits may involve higher for national banks. The citation may to the ANPR. Moreover, national banks general limits, a different method of reference a higher general, specific or have substantial and longstanding calculating the percentage of bank other limit that applies to 1–4 family experience with lending in these areas. capital and surplus that can be loaned residential real estate or small business The safety and soundness issues to a single borrower, or different rules for combining loans to separate loans. This requirement will limit use of presented by these types of loans are the exceptions to national banks with already issues that banks routinely borrowers. We believe that providing exceptions in the two categories main offices located in States where address, so that banks can rely on their they are operating at a competitive existing expertise to use this additional described to national banks with main offices located in States that apply a disadvantage as compared to State lending authority. banks. Third, the bank must provide the The exception for real estate applies higher limit to these categories of loans only when a loan is secured by a addresses the parity concern without requiring an unduly complex 1 Under 12 CFR 6.4(b), ‘‘well capitalized’’ means perfected first-lien security interest in that the bank: (1) has a total risk-based capital ratio 1–4 family residential real estate in an calculation. of 10.0 percent or greater; (2) has a Tier 1 risk-based amount that may not exceed 80 percent Moreover, in addition to the capital ration of 6.0 percent or greater; (3) has a leverage ratio of 5.0 percent or greater; and (4) is of the appraised value of the collateral percentage limit, each of the exceptions not subject to any written agreement, order or at the time the loan is made. The contains a $10 million dollar cap. The capital directive, or prompt corrective action exception for small business loans, as dollar cap will ensure that banks over directive issued by the OCC pursuant to section 8 proposed, extends additional lending $1 billion receive no greater benefit, and of the Federal Deposit Insurance Act (FDI Act), the International Lending Supervision Act of 1983 or authority for loans that could be cannot make larger loans in reliance section 38 of the FDI Act, or any regulation unsecured, or secured in a manner that upon these exceptions, than banks that thereunder, to meet and maintain a specific capital is not specified by regulation. As all of are smaller in size. level of any capital measure.
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OCC with a written resolution by the of counsel that the loan or extension of Regulatory Analysis majority of its board of directors credit or guarantee is a valid and A. Paperwork Reduction Act approving the use of these exceptions enforceable general obligation of the and confirming the terms and State or political subdivision. For purposes of compliance with the conditions for use of this lending However, the requirement for an Paperwork Reduction Act of 1995, 44 authority. In this way, the board will be opinion of counsel is not statutorily U.S.C. 3501 et seq., the OCC invites required to identify the policies and required. The OCC understands that comment on: procedures that will govern the use of requiring an opinion of counsel can be (1) Whether the proposed collection the exceptions. Last, the bank will have expensive and time consuming for of information contained in this notice to provide a description of how the community banks, particularly for those of proposed rulemaking is necessary for board intends to exercise its continuing banks that make a substantial number of the proper performance of the OCC’s responsibility to oversee the use of this agricultural loans under the loan functions, including whether the lending authority, for example, guarantee programs. Therefore, the information has practical utility; requiring quarterly reports of all loans proposed rule revises § 32.3(c)(5) to (2) The accuracy of the OCC’s made under these exceptions. This allow a bank to either obtain an opinion estimate of the burden of the proposed provision emphasizes the continuing of counsel or rely on the opinion of a information collection; responsibility of the board to monitor State attorney general (or other State (3) Ways to enhance the quality, use of the exceptions if the bank’s legal official with authority to opine on utility, and clarity of the information to application is granted. Finally, the the obligation in question) on the be collected; supervisory office will still have the validity and enforceability of the (4) Ways to minimize the burden of discretion to deny the bank’s obligation, extension of credit, or the information collection on the application based upon safety and guarantee in question. respondents, including the use of soundness considerations. Comment is invited on this automated collection techniques or OCC approval is effective for three modification as well as all aspects of other forms of information technology; years and may be renewed. Provided the this NPRM. and bank remains eligible during the three (5) Estimates of capital or start-up Solicitation of Comments on Use of year period, any loan made during the costs and costs of operation, Plain Language three year period will remain legal, even maintenance, and purchase of services if the bank thereafter becomes ineligible. Section 722 of the Gramm-Leach- to provide information. If this proposal is adopted as a final Bliley Act, Pub. L. 106–102, sec. 722, Respondents are not required to rule, the OCC will evaluate national 113 Stat. 1338, 1471 (Nov. 12, 1999), respond to this collection of information banks’ experience with these new requires the Federal banking agencies to unless the final regulation displays a exceptions over the three year pilot use plain language in all proposed and currently valid Office of Management period following the effective date of the final rules published after January 1, and Budget (OMB) control number. rule and determine at that time whether 2000. We invite your comments on how The collection of information to retain, modify or rescind the to make this proposal easier to requirements contained in this notice of exceptions. understand. For example: proposed rulemaking have been • 4. Comments Have we organized the material to submitted to the OMB for review in suit your needs? If not, how could this accordance with the Paperwork In addition to requesting comments material be better organized? Reduction of 1995 (44 U.S.C. 3507(d)). generally on all aspects of this proposal, • Are the requirements in the Comments on the collection of we ask for comments on whether: proposed regulation clearly stated? If information should be sent to the Office • The categories of loans identified not, how could the regulation be more of Management and Budget, Paperwork will alleviate the burden and mitigate clearly stated? Reduction Project Number 1557-to be some of the competitive disparity for • assigned, Washington, DC 20503, with a community banks; Does the proposed regulation • Loans to small business should be contain language or jargon that is not copy to Jessie Dunaway, Legislative and secured by specific collateral in order to clear? If so, which language requires Regulatory Activities Division, Office of clarification? the Comptroller of the Currency, 250 E qualify for the exception; • • The per borrower percentage limit Would a different format (grouping Street, SW, Mailstop 8–4, Washington, and dollar caps for the exceptions are and order of sections, use of headings, DC 20219. appropriate; paragraphing) make the regulation The information collection • The aggregate limit is appropriate; easier to understand? If so, what requirements contained in 12 CFR part and changes to the format would make the 32 are contained in section • Additional safeguards are regulation easier to understand? 32.3(b)(6)(iv). Under this section, the warranted. • What else could we do to make the proposed regulation would require regulation easier to understand? national banks to provide the OCC with Exemptions for Loans Secured by State certain information in connection with and Local Governments. Solicitation of Comments on Impact on an application to receive approval from Part 32 provides that a loan or Community Banks its supervisory office before using the extension of credit made by a national The OCC also seeks comments on the exceptions to the lending limit for 1–4 bank to, or guaranteed by general impact of this proposal on community family residential real estate loans and obligations of a State or political banks. The OCC recognizes that loans to small businesses for national subdivision is exempt from any lending community banks may present a banks. The likely respondents are limit. See 12 CFR part 32.3(c)(5). The different risk profile than larger banks, national banks. phrase ‘‘general obligation,’’ is defined and we intend this proposal to address Estimated number of respondents: in 12 CFR part 1. In addition, to obtain that difference in risk. We invite 2,140. this exemption, this section currently comment specifically on whether the Estimated number of responses: requires the bank to obtain an opinion proposal achieves that objective. 2,140.
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Estimated burden hours per response: has not prepared a budgetary impact national bank may extend residential 26. statement or specifically addressed the real estate loans to a borrower in an Estimated total burden: 55,640. regulatory alternatives considered. amount that does not exceed 10 percent of its capital and surplus or $ 10 B. Regulatory Flexibility Act Analysis List of Subjects in 12 CFR Part 32 million, whichever is less, in addition to The Regulatory Flexibility Act (RFA) National banks, Reporting and the amount allowed under the bank’s requires federal agencies either to certify recordkeeping requirements. combined general limit, if the main that a proposed rule would not, if Authority and Issuance office of the bank is located in a state adopted in final form, have a significant where the state bank lending limit that impact on a substantial number of small For the reasons set forth in the applies to residential real estate loans is entities or to prepare an initial preamble, part 32 of chapter I of title 12 higher than the limit for national banks. regulatory flexibility analysis (IRFA) of of the Code of Federal Regulations is (ii) An eligible national bank may the proposal and publish the analysis proposed to be amended as follows: extend small business loans to a for comment. See 5 U.S.C. 603, 605. On PART 32ÐLENDING LIMITS borrower in an amount that does not the basis of the information currently exceed 10 percent of its capital and available, the OCC is of the opinion that 1. The authority citation for part 32 surplus or $10 million, whichever is this proposal, if it is adopted in final continues to read as follows: less, in addition to the amount allowed form, is unlikely to have a significant Authority: 12 U.S.C. 1 et seq., 84, and 93a. under the bank’s combined general impact on a substantial number of small limit, if the main office of the bank is entities, within the meaning of those 2. In § 32.2: located in a state where the state bank terms as used in the RFA. Commenters A. Paragraph (p) is redesignated as lending limit that applies to small are invited to provide the OCC with any paragraph (s); business loans is higher than the limit B. Paragraph (o) is redesignated as information they may have about the for national banks. paragraph (q); likely quantitative effects of the (iii) The total of all portions of a C. Paragraphs (i) through (n) are proposal. national bank’s loans and extensions of redesignated as paragraphs (j) through credit made pursuant to the exceptions C. Executive Order 12866 Determination (o); and provided in paragraphs (b)(6)(i) and (ii) The Comptroller of the Currency has D. New paragraphs (i), (p) and (r) are of this section may not exceed 100 determined that this proposed rule, if added to read as follows: percent of the bank’s capital and adopted as a final rule, would not § 32.2 Definitions. surplus. constitute a ‘‘significant regulatory (iv) A national bank must submit an action’’ for the purposes of Executive * * * * * application to, and receive approval Order 12866. Under the most (i) Eligible bank means a national from its supervisory office before using conservative cost scenarios that the OCC bank that: the exceptions in paragraphs (b)(6)(i) can develop on the basis of available (1) Is well capitalized as defined in 12 and (ii) of this section. The supervisory information, the impact of the proposal CFR 6.4(b)(1); and office may approve a completed falls well short of the thresholds (2) Has a composite rating of 1 or 2 application if it finds that approval is established by the Executive Order. under the Uniform Financial Institutions Rating System in consistent with safety and soundness. D. Unfunded Mandates Reform Act of connection with the bank’s most recent To be deemed complete, the application 1995 Determinations examination or subsequent review, with must include: Section 202 of the Unfunded at least a rating of 2 for management, if (A) Certification that the bank is an Mandates Reform Act of 1995, 2 U.S.C. that rating is given. ‘‘eligible bank’’ as defined in § 32.2(i); 1532 (Unfunded Mandates Act), * * * * * (B) Citations to relevant state laws or requires that an agency prepare a (p) Residential real estate loan means regulations; budgetary impact statement before any loan or extension of credit that is (C) A copy of a written resolution by promulgating any rule likely to result in secured by a perfected first-lien security a majority of the bank’s board of a Federal mandate that may result in the interest in 1–4 family residential real directors approving the use of the limits expenditure by State, local, and tribal estate in an amount that does not exceed provided in paragraphs (b)(6)(i) and (ii) governments, in the aggregate, or by the 80 percent of the appraised value of the of this section, and confirming the terms private sector, of $100 million or more collateral at the time the loan or and conditions for use of this lending in any one year. If a budgetary impact extension of credit is made. authority; and statement is required, section 205 of the * * * * * (D) A description of how the board Unfunded Mandates Act also requires (r) Small business loan means any intends to exercise its continuing the agency to identify and consider a loan or extension of credit included in responsibility to oversee the use of this reasonable number of regulatory ‘‘loans to small businesses’’ as defined lending authority. alternatives before promulgating the in the instructions for preparation of the (v) Provided that a bank remains an rule. However, an agency is not required Consolidated Report of Condition and ‘‘eligible bank,’’ OCC approval of the to assess the effects of its regulatory Income. bank’s authority to use the exceptions in actions on the private sector to the paragraphs (b)(6)(i) and (ii) of this * * * * * section is effective for three years and extent that such regulations incorporate 3. In § 32.3, a new paragraph (b)(6) is may be renewed. requirements specifically set forth in added and paragraph (c)(5) is revised to law. 2 U.S.C. 1531. read as follows: * * * * * The OCC has determined that this (c) * * * proposed regulation will not result in § 32.3 Lending limits. (5) Loans to or guaranteed by general expenditures by State, local, and tribal * * * * * obligations of a State or political governments, in the aggregate, or by the (b) * * * subdivision. (i) A loan or extension of private sector, of $100 million or more (6) Loans for residential real estate credit to a State or political subdivision in any one year. Accordingly, the OCC and small businesses. (i) An eligible that constitutes a general obligation of
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Total cost Total cost on U.S. Labor cost Parts cost per airplane airplane operators
10 workhours × $60 per hour = $600 ...... No parts required for inspection ...... $600 $9,000
We estimate the following costs to results of the proposed inspection. We of airplanes that may need such accomplish any necessary replacements have no way of determining the number replacement: that would be required based on the
Total cost Labor cost Parts cost per airplane
10 workhours × $60 per hour = $600 ...... $600 $1,200
Regulatory Impact Flexibility Act. A copy of the draft § 39.13 [Amended] Does this proposed AD impact various regulatory evaluation prepared for this 2. Section 39.13 is amended by entities? The regulations proposed action has been placed in the Rules adding a new airworthiness directive herein would not have a substantial Docket. A copy of it may be obtained by (AD) to read as follows: contacting the Rules Docket at the direct effect on the States, on the Vulcanair S.P.A. (Partenavia Costruzioni relationship between the national location provided under the caption Aeronauticas S.p.A previously held Type government and the States, or on the ADDRESSES. Certificate A31EU): Docket No. 2000–CE– distribution of power and List of Subjects in 14 CFR Part 39 16–AD responsibilities among the various (a) What airplanes are affected by this AD? levels of government. Therefore, it is Air transportation, Aircraft, Aviation This AD affects Models P 68 ‘‘OBSERVER’’, determined that this proposed rule safety, Safety. P68 ‘‘OBSERVER 2’’, and P68TC would not have federalism implications ‘‘OBSERVER’’ airplanes, all serial numbers The Proposed Amendment up to and including 400, that are certificated under Executive Order 13132. in any category. Does this proposed AD involve a Accordingly, pursuant to the (b) Who must comply with this AD? significant rule or regulatory action? For authority delegated to me by the Anyone who wishes to operate any of the the reasons discussed above, I certify Administrator, the Federal Aviation above airplanes on the U.S. Register must that this proposed action (1) is not a Administration proposes to amend part comply with this AD. ‘‘significant regulatory action’’ under 39 of the Federal Aviation Regulations (c) What problem does this AD address? Executive Order 12866; (2) is not a (14 CFR part 39) as follows: The actions specified by this AD are intended ‘‘significant rule’’ under DOT to prevent failure of the nose landing gear Regulatory Policies and Procedures (44 PART 39ÐAIRWORTHINESS (NLG) upper strut caused by cracking in the DIRECTIVES area of the seeger retaining ring groove, FR 11034, February 26, 1979); and (3) if which could result in loss of control of the promulgated, will not have a significant 1. The authority citation for part 39 airplane. economic impact, positive or negative, (d) What actions must I accomplish to on a substantial number of small entities continues to read as follows: address this problem? To address this under the criteria of the Regulatory Authority: 49 U.S.C. 106(g), 40113, 44701. problem, you must accomplish the following:
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Action Compliance time Procedures
(1) Inspect, using magnetic particle Within the next 200 hours time-in-service (TIS) after Do this inspection in accordance with the ACCOM- methods, the NLG upper strut, the effective date of this AD. PLISHMENT INSTRUCTIONS section of part number 4.4173±1 (or FAA- Vulcanair Service Bulletin No. 98, dated July 31, approved equivalent part num- 1999. ber), for evidence of cracking (cracks or crack beginnings). . (2) If there is evidence of cracking, Prior to further flight after the inspection where evi- Use the procedures in the maintenance manual. replace the NLG upper strut with dence of cracking is found. a new NLG upper strut, part number 4.4173±1 (or FAA-ap- proved equivalent part number). . (3) Do not install any NLG upper As of the effective date of this AD ...... Not Applicable. strut, part number 4.4173±1, un- less it is new from the factory, or has been inspected as required in paragraph (d)(1) of this AD and is found to not have any evi- dence of cracking.
(e) Can I comply with this AD in any other Note 2: The subject of this AD is addressed requirements of the current AD. The way? You may use an alternative method of in Italian AD 2000–004, dated January 10, actions specified by the proposed AD compliance or adjust the compliance time if: 2000. are intended to prevent loss of the (1) Your alternative method of compliance Issued in Kansas City, Missouri, on metallic clamp or the engine exhaust provides an equivalent level of safety; and September 13, 2000. ejector, damage to the main or tail rotor (2) The Manager, Small Airplane system and subsequent loss of control of Directorate, approves your alternative. Larry E. Werth, Submit your request through an FAA Acting Manager, Small Airplane Directorate, the helicopter. Principal Maintenance Inspector, who may Aircraft Certification Service. DATES: Comments must be received on add comments and then send it to the [FR Doc. 00–24370 Filed 9–21–00; 8:45 am] or before November 6, 2000. Manager, Small Airplane Directorate. BILLING CODE 4910±13±U ADDRESSES: Submit mailed comments in Note 1: This AD applies to each airplane triplicate to the Federal Aviation identified in paragraph (a) of this AD, Administration (FAA), Office of the regardless of whether it has been modified, DEPARTMENT OF TRANSPORTATION Regional Counsel, Southwest Region, altered, or repaired in the area subject to the requirements of this AD. For airplanes that Federal Aviation Administration Attention: Rules Docket No. 2000–SW– have been modified, altered, or repaired so 07–AD, 2601 Meacham Blvd., Room that the performance of the requirements of 14 CFR Part 39 663, Fort Worth, Texas 76137. You may this AD is affected, the owner/operator must also send comments electronically to request approval for an alternative method of [Docket No. 2000±SW±07±AD] the Rules Docket at the following compliance in accordance with paragraph (e) Airworthiness Directives; Agusta address: [email protected]. of this AD. The request should include an You may inspect comments at the Office assessment of the effect of the modification, S.p.A. (Agusta) Model A109E Helicopters of the Regional Attorney between 9:00 alteration, or repair on the unsafe condition a.m. and 3:00 p.m., Monday through addressed by this AD; and, if you have not AGENCY: Federal Aviation Friday, except Federal holidays. eliminated the unsafe condition, specific Administration, DOT. actions you propose to address it. FOR FURTHER INFORMATION CONTACT: Paul ACTION: (f) Where can I get information about any Notice of proposed rulemaking Madej, Aviation Safety Engineer, FAA, already-approved alternative methods of (NPRM). Rotorcraft Directorate, Rotorcraft Standards Staff, Fort Worth, Texas compliance? Contact Roman Gabrys, SUMMARY: This document proposes the 76193–0110, telephone (817) 222–5125, Aerospace Engineer, FAA, Small Airplane supersedure of an existing airworthiness Directorate, 901 Locust, Room 301, Kansas fax (817) 222–5961. City, Missouri 64106; telephone: (816) 329– directive (AD), applicable to Agusta 4141; facsimile: (816) 329–4090. Model A109E helicopters, that currently SUPPLEMENTARY INFORMATION: requires inspections of the exhaust (g) What if I need to fly the airplane to Comments Invited another location to comply with this AD? ejector locking system, clamp, and The FAA can issue a special flight permit dampers for each engine. The existing Interested persons are invited to under sections 21.197 and 21.199 of the AD also requires verifying the torque of participate in the making of the Federal Aviation Regulations (14 CFR 21.197 the metallic clamps and installing safety proposed rule by submitting such and 21.199) to operate your airplane to a wire on the metallic clamps; inspecting written data, views, or arguments as location where you can accomplish the and modifying the ejector saddles and they may desire. Communications requirements of this AD. the locking metallic clamps; and should identify the Rules Docket (h) How do I get copies of the documents inspecting the metallic clamps, locking number and be submitted in triplicate to referenced in this AD? You may obtain copies of the documents referenced in this AD from mechanisms, and dampers. This action the address specified above. All Vulcanair S.p.A., Via G. Poscoli, 7, 80026 would require modifying the engine communications received on or before Casoria (Naples), Italy. You may examine exhaust ejectors. This proposal is the closing date for comments, specified these documents at FAA, Central Region, prompted by the development of a kit to above, will be considered before taking Office of the Regional Counsel, 901 Locust, modify the engine exhaust ejectors to action on the proposed rule. The Room 506, Kansas City, Missouri 64106. provide terminating action from the proposals contained in this notice may
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The FAA has determined that this Paragraph 6004 Class E4 Airspace Areas ADDRESSES: Submit written comments proposed regulation only involves an Designated as an Extension to a Class D to the Dockets Management Branch established body of technical Airspace Area (HFA–305), Food and Drug regulations for which frequent and * * * * * Administration, 5630 Fishers Lane, rm. routine amendments are necessary to ASO FL E4 Gainesville, FL [Revised] 1061, Rockville, MD 20852. keep them operationally current. It, Gainesville Regional Airport, FL FOR FURTHER INFORMATION CONTACT: therefore, (1) is not a ‘‘significant (Lat. 29°41′24″N, long. 82°16′18″W) Joanna H. Weitershausen, Center for regulatory action’’ under Executive Gators VORTAC Devices and Radiological Health (HFZ– Order 12866; (2) is not a ‘‘significant (Lat. 29°34′20″N, long. 82°21′45″W) 450), Food and Drug Administration, rule’’ under DOT Regulatory Policies That airspace extending upward from the 9200 Corporate Blvd., Rockville, MD and Procedures (44 FR 11034; February surface within 2.4 miles each side of the 20850, 301–443–8609, ext. 164. Gators VORTAC 041° radial, extending from 26, 1979); and (3) does not warrant SUPPLEMENTARY INFORMATION: preparation of a Regulatory Evaluation the 4.3-mile radius of Gainesville Regional as the anticipated impact is so minimal. Airport to 7 miles northeast of the VORTAC. I. Background Since this is a routine matter that will This Class E4 airspace area is effective during the specific dates and times established in In the Federal Register of September only affect air traffic procedures and air advance by a Notice to Airmen. The effective 10, 1982 (47 FR 39816), FDA classified navigation, it is certified that this rule, date and time will thereafter be continuously devices intended to measure or monitor when promulgated, will not have a published in the Airport/Facility Directory. a patient’s respiratory rate into class II significant economic impact on a * * * * * (performance standards) as part of the substantial number of small entities generic group of devices known as under the criteria of the Regulatory Issued in College Park, Georgia, on September 11, 2000. breathing (ventilatory) frequency Flexibility Act. Wade T. Carpenter, monitors (§ 868.2375 (21 CFR List of Subjects in 14 CFR Part 71 Acting Manager, Air Traffic Division, 868.2375)). Under the classification scheme set forth in section 513 of the Airspace, Incorporation by reference, Southern Region. [FR Doc. 00–24294 Filed 9–21–00; 8:45 am] Federal Food, Drug, and Cosmetic Act Navigation (air). (the act) (21 U.S.C. 360c), as amended BILLING CODE 4910±13±M The Proposed Amendment by the Medical Device Amendments of 1976 (the 1976 amendments) (Public In consideration of the foregoing, the Law 94–295), the agency determined DEPARTMENT OF HEALTH AND Federal Aviation Administration that performance standards were HUMAN SERVICES proposes to amend 14 CFR part 71 as necessary to provide reasonable follows: Food and Drug Administration assurance of the safety and effectiveness PART 71ÐDESIGNATION OF CLASS A, of these devices. CLASS B, CLASS C, CLASS D, AND 21 CFR Part 868 After several initial steps, described in the notice published elsewhere in CLASS E AIRSPACE AREAS; [Docket No. 00N±1457] AIRWAYS; ROUTES; AND REPORTING this issue of the Federal Register announcing the withdrawal of the POINTS Medical Devices; Apnea Monitor; proposed rule to establish a Special Controls 1. The authority citation for Part 71 performance standard for the infant continues to read as follows: AGENCY: Food and Drug Administration, apnea monitor (withdrawal), FDA Authority: 49 U.S.C. 106(g); 40103, 40113, HHS. issued a proposed rule setting forth 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– ACTION: Proposed rule. requirements for a performance 1963 Comp., p. 389. standard for the infant apnea monitor SUMMARY: The Food and Drug (60 FR 9762, February 21, 1995). For the § 71.1 [Amended] Administration (FDA) is publishing a reasons discussed in the withdrawal, 2. The incorporation by reference in proposed rule to create a separate FDA determined that it is not necessary 14 CFR 71.1 of Federal Aviation classification for the apnea monitor. The to establish a mandatory performance Administration Order 7400.9H, device currently is included in the standard for the device. Airspace Designations and Reporting generic type of device called breathing In its place, FDA has developed a Points, dated September 1, 2000, and frequency monitors. The apnea monitor draft industry guidance document effective September 16, 2000, is will remain in class II, but will be setting forth the agency’s current amended as follows: subject to a special control. The special position regarding minimum control is an FDA guidance document performance characteristics, test Paragraph 500 Class D Airspace. that identifies minimum performance, procedures and criteria, labeling, and, as * * * * * testing, and labeling recommendations appropriate, clinical testing for certain for the device. Elsewhere in this issue ASO FL D Gainesville, FL [Revised] apnea monitors, i.e., the infant/child of the Federal Register, FDA is apnea monitor. The current draft Gainesville Regional Airport, FL withdrawing a proposed mandatory guidance identifies the monitor used on (Lat. 29°41′24″N, long. 82°16′18″W) standard for infant apnea monitors and this population because infants and That airspace extending upward from the is announcing the availability of a draft children under 3 years old are surface to and including 2,700 feet MSL guidance document that will serve as within a 4.3-mile radius of the Gainesville particularly subject to the Regional Airport. This Class D airspace area the special control. FDA is taking these pathophysiological consequences of is effective during the specific dates and actions because it believes that they are prolonged apneas lasting over 20 times established in advance by a Notice to necessary to provide reasonable seconds in duration. The current draft Airmen. The effective date and time will assurance of the safety and effectiveness guidance includes basic concepts set out thereafter be continuously published in the of the apnea monitor. in the proposed standard for the infant Airport/Facility Directory. DATES: Submit written comments by apnea monitor, but updates, * * * * * December 21, 2000. consolidates, or eliminates certain
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Branch, Waste Management Division, ADDRESSES: Comments on Amendment development include: shorter fishing U.S. Environmental Protection Agency 13 or supporting documents should be seasons and higher cumulative landing at the above address and phone number. sent to Donna Darm, Acting limits; permit stacking in the limited SUPPLEMENTARY INFORMATION: For Administrator, Northwest Region, entry fleet; gear modification additional information, please see the NMFS, Sand Point Way NE., BIN requirements; catch allocation to, or immediate final rule published in the C15700, Seattle, WA 98115-0070; or to gear flexibility for, gear types with lower ‘‘Rules and Regulations’’ section of this Rebecca Lent, Administrator, Southwest bycatch rates; improvements in the Federal Register. Region, NMFS, 501 West Ocean species-to-species landings limit ratio; Boulevard, Suite 4200, Long Beach, CA and time/area closures to protect Dated: September 12, 2000. 90802-4213. incidentally caught species. A. Stanley Meiburg, Copies of Amendment 13 and the In addition to addressing bycatch, Acting Regional Administrator, Region 4. Environmental Assessment/ Regulatory Amendment 13 would increase [FR Doc. 00–24433 Filed 9–21–00; 8:45 am] Impact Review (RIR) are available from flexibility in the groundfish annual BILLING CODE 6560±50±P Donald McIsaac, Executive Director, specifications and management Pacific Fishery Management Council, measures process to allow the Council 2130 SW Fifth Ave., Suite 224, Portland, to more easily develop measures that OR 97201. DEPARTMENT OF COMMERCE protect overfished and depleted species. FOR FURTHER INFORMATION CONTACT: This increased flexibility would National Oceanic and Atmospheric Yvonne deReynier at 206-526-6140, include: achieving the overfished Administration Svein Fougner at 562-980-4000; or the species rebuilding plans, reducing Pacific Fishery Management Council at bycatch, preventing overfishing, 50 CFR Part 660 503-326-6352. allowing the harvest of healthy stocks as SUPPLEMENTARY INFORMATION: The [I.D. 091800E] much as possible while protecting and Magnuson-Stevens Act requires that rebuilding overfished and depleted RIN 0648-AO41 each regional fishery management stocks, and equitably distributing the council submit any new FMP or plan burdens of rebuilding among the various Fisheries off West Coast States and in amendment it prepares to NMFS for fishing sectors. the Western Pacific; Pacific Coast review and approval, disapproval, or Groundfish Fishery; Amendment 13 partial approval. The Magnuson-Stevens Finally, Amendment 13 would amend Act also requires that NMFS, upon the limited entry permit provisions to AGENCY: National Marine Fisheries receiving an FMP or amendment, remove unused and outdated limited Service (NMFS), National Oceanic and immediately publish a notification in entry permit endorsements. This last Atmospheric Administration (NOAA), the Federal Register that the FMP or revision is essentially a housekeeping Commerce. amendment is available for public measure to address changes in the ACTION: Notice of availability of an review and comment. NMFS will character of the groundfish fisheries, amendment to a fishery management consider the public comments received particularly the fully utilized status of plan; request for comments. during the comment period described all FMP-managed Pacific coast here in determining whether to approve groundfish stocks. SUMMARY: NMFS announces that the the FMP or amendment. Public comments on Amendment 13 Pacific Fishery Management Council Amendment 13 would address the must be received by November 21, 2000 (Council) has submitted Amendment 13 Magnuson-Stevens Act National to be considered by NMFS in the to the Pacific Coast Groundfish Fishery Standard 9 bycatch provisions by: decision whether to approve Management Plan (FMP) for Secretarial revising the FMP definition of the term Amendment 13. A proposed rule to review. Amendment 13 is intended to ‘‘bycatch’’, changing the standardized implement Amendment 13 has been make the FMP consistent with reporting methodologies, and submitted for Secretarial review and Magnuson-Stevens Fishery recommending new bycatch reduction approval. NMFS expects to publish and Conservation and Management Act measures. Amendment 13 would request public comment on the (Magnuson-Stevens Act) bycatch establish an increased utilization proposed regulations to implement provisions,to increase flexibility in the program in the at-sea whiting fisheries. Amendment 13 in the near future. annual management measures This program would allow at-sea Authority: 16 U.S.C. 1801 et seq. framework to manage for protection of whiting processing vessels that carry overfished and depleted stocks, and to more than one observer to retain all of Dated: September 19, 2000. remove outdated and unused limited their non-whiting groundfish bycatch Bruce C. Morehead, entry permit endorsements. for processing into fish meal or for Acting Director, Office of Sustainable DATES: Comments on Amendment 13 donating to food banks. Measures that Fisheries, National Marine Fisheries Service. must be received on or before November would be authorized and may be [FR Doc. 00–24458 Filed 9–21–00; 8:45 am] 21, 2000. considered for future Council BILLING CODE 3510±22±S
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Notices Federal Register Vol. 65, No. 185
Friday, September 22, 2000
This section of the FEDERAL REGISTER AGENCY FOR INTERNATIONAL ACTION: Notice of public meeting and contains documents other than rules or DEVELOPMENT request for comments. proposed rules that are applicable to the public. Notices of hearings and investigations, Food Security Advisory Committee SUMMARY: The Office of the Under committee meetings, agency decisions and Board of International Food and Secretary for Food Safety, U.S. rulings, delegations of authority, filing of Agricultural Development First Department of Agriculture (USDA), and petitions and applications and agency Meeting; Notice of Meeting the Food and Drug Administration statements of organization and functions are (FDA), are sponsoring a public meeting examples of documents appearing in this Pursuant to the Federal Advisory on October 6, 2000, to present and section. Committee Act, notice is hereby given of receive comments on draft United States the first meeting of the Food Security positions on all issues coming before the Advisory Committee (FSAC), an Thirty-third Session of the Codex AGENCY FOR INTERNATIONAL independent subcommittee of the Board Committee on Food Hygiene (CCFH), DEVELOPMENT for International Food and Agricultural which will be held in Washington, DC, Development (BIFAD). The meeting will Board for International Food and October 23–28, 2000. The Under be held from 8:30 a.m. to 4:30 p.m. on Agricultural Development One Secretary and FDA recognize the September 27, 2000 in the first floor Hundred and Thirty Second Meeting; conference room at the National importance of providing interested Notice of Meeting Association of State Universities and parties the opportunity to obtain Land Grant Colleges (NASULGC), background information on the Thirty- Pursuant to the Federal Advisory located at 1307 New York Avenue, NW., third Session of the CCFH and to Committee Act, notice is hereby given of Washington, DC. address items on the agenda. the one hundred and thirty-third As part of the agenda, FSAC will DATES: The public meeting is scheduled meeting of the Board for International review progress made towards for Friday, October 6, 2000, from 1 p.m. Food and Agricultural Development implementing the U.S. Food Security to 5 p.m. (BIFAD). The meeting will be held from Plan of Action and meeting World Food 8:30 a.m. to 4 p.m. on September 28th, ADDRESSES: The public meeting will be Summit commitments, examine held in Conference Room 1409, Federal 2000, and from 8:30 a.m. to 1:30 p.m. on emerging issues that have a direct September 29th, 2000, in the NASULGC Office Building 8, 200 C Street, SW., bearing on food security, and address Washington, DC 20204. To receive Meeting Room, 1307 New York Avenue, the need to forge and strengthen the NW., Washington, DC. copies of the documents referenced in U.S. constituency for food security. this notice, contact the FSIS Docket As part of its agenda, BIFAD will tie Those wishing to attend the meeting Room, U.S. Department of Agriculture, together agricultural and environmental or to obtain additional information Food Safety and Inspection Service, perspectives around carbon about BIFAD should contact Ms. Room 102, Cotton Annex, 300 12th sequestration issues, and trade & food Jennifer J. Douglas, the Designated Street, SW., Washington, DC 20250– security perspectives. The next part will Federal Officer for FSAC. Write her in 3700. The documents will also be return to the theme of constituency- care of the U.S. Agency for International accessible via the World Wide Web at building for foreign assistance. The Development, Ronald Reagan Building, the following address: http:// second day’s agenda begins with a Office of Agriculture and Food Security, www.fao.org/waicent/faoinfo/economic/ response to the livestock revolution, 1300 Pennsylvania Avenue, NW., Room esn/codex. Submit one original and two followed by a session on crafting a 2.11–061, Washington, DC 20523–2110 copies of written comments to the FSIS common message regarding agriculture, or telephone her at (202)–712–1687 or Docket Room (address above) Docket universities and USAID. fax (202–216–3060). #00–039N and include the Codex Those wishing to attend the meeting Jennifer Douglas, document number. All comments or obtain additional information about USAID Designated Federal Officer for FSAC, received in response to this notice will BIFAD should contact Mr. Lawrence Office of Agriculture and Food Security, be considered part of the public record Paulson, the Designated Federal Officer Economic Growth Center, Bureau for Global and will be available for viewing in the for BIFAD. Write him in care of the U.S. Programs. FSIS Docket Room between 8:30 a.m. Agency for International Development, [FR Doc. 00–24347 Filed 9–21–00; 8:45 am] and 4:30 p.m., Monday through Friday. Ronald Reagan Building, Office of BILLING CODE 6116±01±M FOR FURTHER INFORMATION CONTACT: Agriculture and Food Security, 1300 Patrick J. Clerkin, Associate U.S. Pennsylvania Avenue, NW., Room 2.11– Manager for Codex, U.S. Codex Office, 044, Washington, DC, 20523–2110 or DEPARTMENT OF AGRICULTURE Food Safety and Inspection Service, telephone him at (202) 712–1436 or fax Room 4861, South Building, 1400 Food Safety and Inspection Service (202) 216–3010. Independence Avenue SW., Lawrence Paulson, [Docket No. 00±039N] Washington, DC 20250–3700, USAID Designated Federal Officer for BIFAD, Telephone (202) 205–7760, Fax (202) Codex Alimentarius Commission: 720–3157. Persons requiring a sign Office of Agriculture and Food Security, Thirty-third Session of the Codex Economic Growth Center, Bureau for Global language interpreter or other special Programs. Committee on Food Hygiene accommodations should notify Mr. [FR Doc. 00–24346 Filed 9–21–00; 8:45 am] AGENCY: Office of the Under Secretary Clerkin at the above number. BILLING CODE 6116±01±M for Food Safety, USDA. SUPPLEMENTARY INFORMATION:
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Background 9. Discussion Paper on the DEPARTMENT OF AGRICULTURE Codex was established in 1962 by two Implementation of HACCP in Small Forest Service United Nations organizations, the Food and/or Less Developed Businesses, Documents CX/FH 00/10 and Agriculture Organization (FAO) and Ashland Post-Fire Project, Custer the World Health Organization (WHO). 10. Discussion Paper on the National Forest, Rosebud and Power Codex is the major international Antimicrobial Resistant Bacteria in River Counties, MT organization for encouraging fair Food, Document CX/FH 00/11 AGENCY: Forest Service, USDA. international trade in food and 11. Discussion Paper on the Proposed protecting the health and economic Draft Guidelines for the Validation of ACTION: Notice of intent to prepare an interests of consumers. Through Food Hygiene Control Measures, environmental impact statement. adoption of food standards, codes of practice, and other guidelines Document CX/FH 00/12 SUMMARY: The USDA, Forest Service, developed by its committees, and by 12. Discussion Paper on the Proposed will prepare an environmental impact promoting their adoption and Draft Guidelines for Evaluating statement (EIS) for a proposal to move implementation by governments, Codex Objectionable Matter in Food, toward Forest Plan goals and objectives seeks to ensure that the world’s food Document CX/FH 00/13 by supporting restoration practices and rehabilitation efforts within the Tobin supply is sound, wholesome, free from 13. Priorities for the Revision of Codes adulteration, and correctly labeled. and Stag Fires on the Ashland Post-Fire of Hygienic Practice, Document CX/FH Project Area. The Forest Plan goals and The Codex Committee on Food 00/14 Hygiene was established to draft basic objectives that will be met include provisions on food hygiene to all foods. Additional Public Notification minimizing public safety hazards The United States hosts this Committee through hazard tree removal, and representatives of the United States Public awareness of all segments of maintaining soil productivity and Government will chair the Committee rulemaking and policy development is minimizing soil erosion by managing meeting. important. Consequently, in an effort to fuel loading and arrangement, and better ensure that minorities, women, capturing economic values associated Issues To Be Discussed at the Public and persons with disabilities are aware with restoration activities as a result of Meeting of this notice, FSIS will announce it and timely harvest of fire-damaged trees The provisional agenda items and the provide copies of this Federal Register (dead or where mortality is imminent). relevant documents to be discussed publication in the FSIS Constituent We are not proposing to remove any live during the public meeting are: Update. FSIS provides a weekly FSIS trees. The proposed action will be 1. Report by the Secretariat on Matters Constituent Update, which is accomplished through restoration Referred by the Codex Alimentarius communicated via fax to over 300 activities stipulated as part of harvest Commission and/or Other Codex organizations and individuals. In operations and through restoration Committees to the Food Hygiene addition, the update is available on-line activities funded by Knutsen- Committee, Document CX/FH 00/2 through the FSIS web page located at Vandenberg collection from post-fire harvest. The EIS will tier to the 1987 2. Preliminary Report of the ad hoc http://www.fsis.usda.gov. The update is Expert Consultation on Risk Assessment Custer National Forest and Grasslands used to provide information regarding of Microbiological Hazards in Food and Land and Resource Management Plan FSIS policies, procedures, regulations, Related Matters, Document CX/FH 00/3 (Forest Plan) which provide the overall Federal Register notices, FSIS public 3. Proposed Draft Code of Hygienic management direction for the area. The Practice for Primary Production, meetings, recalls, and any other types of proposed action is consistent with the Harvesting and Packaging of Fresh information that could affect or would Forest Plan. Fruits and Vegetables, Documents CX/ be of interest to our constituents/ The proposed activities are located FH 00/4—Comments at Step 3 CX/FH stakeholders. The constituent fax list within the Tobin and Stag Fire 00/4–Add.1 consists of industry, trade, and farm perimeters that include the Three-Mile, 4. Proposed Draft Code of Hygienic groups, consumer interest groups, allied King, Odell, Cow, Brian, and Padget Practice for Pre-Cut Fruits and health professionals, scientific drainages on the Ashland Ranger Vegetables, Documents CX/FH 00/5— professionals, and other individuals that District, in Eastern Montana. The Comments at Step 3 CX/FH 00/5–Add.1 have requested to be included. Through analysis area consists of approximately 5. Proposed Draft Principles and these various channels, FSIS is able to 71,200 acres with proposed activities Guidelines for the Conduct of provide information to a much broader, within approximately 4,500 acres. The Microbiological Risk Management, more diverse audience. For more following activities are proposed: (1) Documents CX/FH 00/6—Comments at information and to be added to the Minimize the potential for public safety Step 3 CX/FH 00/6–Add. 1 constituent fax list, fax your request to hazards by harvesting fire-damaged 6. Proposed Draft Code of Hygienic the Congressional and Public Affairs trees within one and a half tree lengths Practice for Milk and Milk Products, Office, at (202) 720–5704. from the edge of Forest Service Documents CX/FH 00/7—Comments at Transportation System roads; (2) Step 3 CX/FH 00/7–Add. 1 Done at Washington, DC on: September 18, maintain soil productivity and 7. Proposed Draft Guidelines for 2000. minimize accelerated erosion; (3) limit Hygienic Reuse of Processing Water in F. Edward Scarbrough, fuel loads and their spatial arrangement Food Plants, Documents CX/FH 00/8— U.S. Manager for Codex. through treatment of dead and dying Comments at Step 3 CX/FH 00/8–Add. [FR Doc. 00–24418 Filed 9–21–00; 8:45 am] trees through various activities from 1 BILLING CODE 3410±DM±P harvest operations; and (4) capture 8. Proposed Draft Guidelines for the economic values associated with Control of Listeria monocytogenes in restoration activities as a result of Foods, Documents CX/FH 00/9— harvesting fire-damaged trees within a Comments at Step 3 CX/FH 00/9–Add.1 timely manner. The projects would be
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Dated: September 18, 2000. 2. The action will not have a severe under 41 U.S.C. 46–48c and 41 CFR 51– Nancy T. Curriden, economic impact on current contractors 2.4. Forest Supervisor. for the commodity and services. Accordingly, the following [FR Doc. 00–24366 Filed 9–21–00; 8:45 am] 3. The action will result in commodities are hereby deleted from BILLING CODE 3410±11±M authorizing small entities to furnish the the Procurement List: commodity and services to the Knife, Paring; Steak/Utility; Slicer Government. M.R. 870 (Paring) COMMITTEE FOR PURCHASE FROM 4. There are no known regulatory M.R. 871 (Steak Utility) PEOPLE WHO ARE BLIND OR alternatives which would accomplish M.R. 874 (Slicer) SEVERELY DISABLED the objectives of the Javits-Wagner- O’Day Act (41 U.S.C. 46–48c) in Louis R. Bartalot, Procurement List; Additions and connection with the commodity and Deputy Director (Operations). Deletions services proposed for addition to the [FR Doc. 00–24412 Filed 9–21–00; 8:45 am] Procurement List. BILLING CODE 6353±01±P AGENCY: Committee for Purchase From Accordingly, the following People Who Are Blind or Severely commodity and services are hereby Disabled. added to the Procurement List: COMMITTEE FOR PURCHASE FROM ACTION: Additions to and deletions from PEOPLE WHO ARE BLIND OR the Procurement List. Commodity SEVERELY DISABLED Carrier, Entrenching Tool SUMMARY: This action adds to the 8465–00–NSH–2000 Procurement List; Proposed Additions Procurement List a commodity and services to be furnished by nonprofit Services AGENCY: Committee for Purchase From agencies employing persons who are Grounds Maintenance, Department of People Who Are Blind or Severely blind or have other severe disabilities, Veterans Affairs, Puget Sound Health Disabled. and deletes from the Procurement List Care System, 1660 South Columbian ACTION: Proposed Additions to commodities previously furnished by Way, Seattle, Washington Procurement List. such agencies. Janitorial/Custodial, Basewide, Naval Submarine Base New London, Groton, SUMMARY: The Committee has received EFFECTIVE DATE: October 23, 2000. Connecticut proposals to add to the Procurement List ADDRESSES: Committee for Purchase (49% of the total requirement) commodities and a service to be From People Who Are Blind or Severely Switchboard Operation, Defense Supply furnished by nonprofit agencies Disabled, Jefferson Plaza 2, Suite 10800, Center—Richmond, Richmond, Virginia employing persons who are blind or 1421 Jefferson Davis Highway, Virtual Warehouse Operation, Department of have other severe disabilities. Arlington, Virginia 22202–3259. Transportation, Ardmore East Business COMMENTS MUST BE RECEIVED ON OR FOR FURTHER INFORMATION CONTACT: Center, 3341 Q 75th Avenue, Landover, Maryland BEFORE: October 23, 2000. Louis R. Bartalot, (703) 603–7740. ADDRESSES: Committee for Purchase SUPPLEMENTARY INFORMATION: On June This action does not affect current contracts awarded prior to the effective From People Who Are Blind or Severely 16, July 28 and August 11, 2000, the Disabled, Jefferson Plaza 2, Suite 10800, Committee for Purchase From People date of this addition or options that may be exercised under those contracts. 1421 Jefferson Davis Highway, Who Are Blind or Severely Disabled Arlington, Virginia 22202–3259. published notices (65 FR 37757, 46425 Deletion and 49218) of proposed additions to and FOR FURTHER INFORMATION CONTACT: deletion from the Procurement List: I certify that the following action will Louis R. Bartalot (703) 603–7740. not have a significant impact on a SUPPLEMENTARY INFORMATION: This Additions substantial number of small entities. notice is published pursuant to 41 After consideration of the material The major factors considered for this U.S.C. 47(a)(2) and 41 CFR 51–2.3. Its presented to it concerning capability of certification were: purpose is to provide interested persons qualified nonprofit agencies to provide 1. The action may not result in any an opportunity to submit comments on the commodity and services and impact additional reporting, recordkeeping or the possible impact of the proposed of the additions on the current or most other compliance requirements for small actions. recent contractors, the Committee has entities. If the Committee approves the determined that the commodity and 2. The action will not have a severe proposed additions, all entities of the services listed below are suitable for economic impact on future contractors Federal Government (except as procurement by the Federal Government for the commodities. otherwise indicated) will be required to under 41 U.S.C. 46–48c and 41 CFR 51– 3. The action may result in procure the commodities and service 2.4. authorizing small entities to furnish the listed below from nonprofit agencies I certify that the following action will commodities to the Government. employing persons who are blind or not have a significant impact on a 4. There are no known regulatory have other severe disabilities. substantial number of small entities. alternatives which would accomplish I certify that the following action will The major factors considered for this the objectives of the Javits-Wagner- not have a significant impact on a certification were: O’Day Act (41 U.S.C. 46–48c) in substantial number of small entities. 1. The action will not result in any connection with the commodities The major factors considered for this additional reporting, recordkeeping or deleted from the Procurement List. certification were: other compliance requirements for small After consideration of the relevant 1. The action will not result in any entities other than the small matter presented, the Committee has additional reporting, recordkeeping or organizations that will furnish the determined that the commodities listed other compliance requirements for small commodity and services to the below is no longer suitable for entities other than the small Government. procurement by the Federal Government organizations that will furnish the
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D. Obtain from the denied person in States District Court for the Southern decided to revoke all licenses issued the United States any item subject to the District of Florida of violating the pursuant to the Act in which Osman Regulations with knowledge or reason Export Administration Act of 1979, as had an interest at the time of his to know that the item will be, or is amended (currently codified at 50 conviction. intended to be, exported from the U.S.C.A. app. 2401–2420 (1991 & Supp. Accordingly, it is hereby Ordered United States; or 2000)) (the Act).1 Specifically, Osman I. Until September 23, 2006, Oscar E. Engage in any transaction to service was convicted of knowingly, willfully Osman, currently incarcerated at: any item subject to the Regulations that and unlawfully exporting and causing to Spectrum Program CCC, #61204–004, has been or will be exported from the be exported a container of goods to Rio 101 N.W. 59th Street, Miami, Florida United States and which is owned, Haina, Dominican Republic under a 33127, and with an address at: 2655 possessed or controlled by the denied false bill of lading, container of goods Collins Avenue, Apt. 1811, Miami person, or service any item, of whatever was then transshipped to Havana, Cuba. Beach, Florida 33140, may not, directly origin, that is owned, possessed or Section 11(h) of the Act provides that, or indirectly, participate in any way in controlled by the denied person if such at the discretion of the Secretary of any transaction involving any service involves the use of any item Commerce,2 no person convicted of commodity, software or technology subject to the Regulations that has been violating the Act, or certain other (hereinafter collectively referred to as or will be exported from the United provisions of the United States Code, ‘‘item’’) exported or to be exported from States. For purposes of this paragraph, shall be eligible to apply for or use any the United States, that is subject to the servicing means installation, export license issued pursuant to, or Regulations, or in any other activity maintenance, repair, modification or provided by, the Act or the Export subject to the Regulations, or in any testing. Administration Regulations (currently other activity subject to the Regulations, III. After notice and opportunity for codified at 15 CFR parts 730–774 (2000), including, but not limited to: comment as provided in Section 766.23 as amended (65 FR 14862, March 20, A. Applying for, obtaining, or using of the Regulations, any person, firm, 2000)) (the Regulations), for a period of any license, License Exception, or corporation, or business organization up to 10 years from the date of the export control document; related to Montgomery by affiliation, conviction. In addition, any license B. Carrying on negotiations ownership, control, or position of issued pursuant to the Act in which concerning, or ordering, buying, responsibility in the conduct of trade or such a person had any interest at the receiving, using, selling, delivering, related services may also be subject to time of conviction may be revoked. storing, disposing of, forwarding, the provisions of this Order. Pursuant to sections 766.25 and transporting, financing, or otherwise IV. This Order does not prohibit any 750.8(a) of the Regulations, upon servicing in any way, any transaction export, reexport, or other transaction notification that a person has been involving any item exported or to be subject to the Regulations where the convicted of violating the Act, the exported from the United States that is only items involved that are subject to Director, Office of Exporter Services, in subject to the Regulations, or in any the Regulations are the foreign- consultation with the Director, Office of other activity subject to the Regulations; produced direct product of U.S.-origin Export Enforcement, shall determine or technology. whether to deny that person’s export C. Benefiting in any way from any V. This Order is effective immediately privileges for a period of up to 10 years transaction involving any item exported and shall remain in effect until January from the date of conviction and shall or to be exported from the United States 22, 2009. also determine whether to revoke any that is subject to the Regulations, or in VI. In accordance with Part 756 of the license previously issued to such a any other activity subject to the Regulations, Montgomery may file an person. Regulations. appeal from this Order with the Under Having received notice of Osman’s II. No person may, directly or Secretary for Export Administration. conviction for violating the Act, and indirectly, do any of the following: The appeal must be filed within 45 days after providing notice and opportunity A. Export or reexport to or on behalf from the date of this Order and must for Osman to make a written submission of the denied person any item subject to comply with the provisions of Part 756 to the Bureau of Export Administration the Regulations; of the Regulations. before issuing an Order denying his B. Take any action that facilitates the VII. A copy of this Order shall be export privileges, as provided in section delivered to Montgomery. This Order acquisition or attempted acquisition by 766.25 of the Regulations, I, following the denied person of the ownership, shall be published in the Federal consultations with the Director, Office Register. possession, or control of any item of Export Enforcement, have decided to subject to the Regulations that has been Dated: September 11, 2000. deny Osman’s export privileges for a or will be exported from the United Eileen M. Albanese, period of seven years from the date of States, including financing or other Director, Office of Exporter Services. his conviction. The seven-year period support activities related to a [FR Doc. 00–24343 Filed 9–21–00; 8:45 am] ends on September 23, 2006. I have also transaction whereby the denied person BILLING CODE 3510±PT±M acquires or attempts to acquire such 1 The Act expired on August 20, 1994, Executive Order 12924 (3 CFR, 1994 Comp. 917 (1995)), ownership, possession or control; which has been extended by successive Presidential C. Take any action to acquire from or DEPARTMENT OF COMMERCE Notices, the most recent being that of August 3, to facilitate the acquisition or attempted 2000 (65 FR 48347, August 8, 2000), continued the acquisition from the denied person of Bureau of Export Administration Regulations in effect under the International Emergency Economic Powers Act (50 U.S.C.A. any item subject to the Regulations that has been exported from the United Action Affecting Export Privileges; 1701–1706 (1991 & Supp. 2000)). 2 Pursuant to appropriate delegations of authority States; Oscar Osman; Order Denying Export that are reflected in the Regulations, the Director, D. Obtain from the denied person in Privileges Office of Exporter Services, in consultation with the Director, Office of Export Enforcement, exercises the United States any item subject to the On September 23, 1999, Oscar Osman the authority granted to the Secretary by section Regulations with knowledge or reason (Osman) was convicted in the United 11(h) of the Act. to know that the item will be, or is
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682 Shaft Sealing Systems for 8.4 Manual Sampling and Handling of Committee on Exploration and Centrifugal and Rotary Pumps Fuels for Volatility Measurement Production 612 Special Purpose Steam Turbines 10.1 Determination of Sediment in New (2FPS) Recommended Practice on for Petroleum, Chemical and Gas Crude Oils and Fuel Oils by the Floating Production Systems Industry Services Extraction Method 2C Specification for Offshore Cranes 673 Fans 10.3 Determination of Water and 2MT1 Specification for As-Rolled 674 Positive Displacement Pumps- Sediment in Crude Oil by the Carbon Manganese Steel Plate with Reciprocating Centrifuge Method (Laboratory Improved Toughness for Offshore 541 Form-Wound Squirrel-Cage Procedure) Structures Induction Motors–250 Horsepower 10.7 Standard Test Method for Water 2N Recommended Practice for and larger in Crude Oil by Karl Fischer Planning, Designing and 554 Process Instrument and Control Titration (Potentiometric) Constructing Structures and 526 Flanges Steel Pressure Relief New Draft Standard, On Line Water Pipelines in Arctic Conditions Valves Monitoring Automatic Sampling 2S Design of Windlass Wildcats for 520 Sizing, Selection and Installation 11.1 ‘‘C’’ Language and VCF Software Floating Offshore Structure of Pressure-Relieving Devices in 12.1 Calculation of Static Petroleum New (2SM) Synthetic Fiber Ropes for Refineries, Part II-Installation Quantities, Part 1, Upright Offshore Mooring Meetings/Conferences: The Storage Cylindrical Tanks and Marine Tank Management and Technology Vessels 5B Threading, Gaging, and Thread Inspection of Casing, Tubing, and Conference will be held in Austin, 14.1 Collecting and Handling Natural Line Pipe Threads Texas at the Austin Marriott Hotel from Gas Samples for Custody Transfer September 19 through September 21, 14.3 Part 1 General Equations and 5CT Specification on Casing and 2000. The Fall Refining Meeting will be Uncertainty Guidelines Tubing held October 30 through November 1, 14.3 Part 2 Specifications and General 7 Specification for Rotary Drill Stern 2000, at the Wyndham Palace Hotel, Installation Requirements Elements Lake Buena Vista, Florida. Fitness for 14.3 Part 3 Natural Gas Applications 7K Specification for Drilling Service Training will be offered 14.3 Part 4 Natural Gas Applications— Equipment November 14–16, in San Antonio, Software Program 7L Recommended Practice for Texas, at the Doubletree Hotel. 14.3 Part 4 Background, Development, Inspection, Maintenance, Repair Interested parties may visit the API Implementation Procedures and and Remanufacture of Drilling Events calendar at http://www.api.org/ Subroutine Documentation Equipment events for more information regarding 14.7 Mass Measurement of Natural Gas 9A Specification for Wire Rope participation in these meetings. Liquid 10D Specification for Bow-Spring FOR FURTHER INFORMATION CONTACT: 16.2 Mass Measurement of Liquid Casing Centralizers David Miller, Standards and Training Hydrocarbons in Vertical 10F Recommended Practice for Resource Group, e-mail: [email protected]. Cylindrical Storage Tanks by Performance of Cementing Float Equipment Committee on Safety and Fire Hydrostatic Tank Gaging 11AR Recommended Practice for Care Protection 17.1 Guidelines for Marine Cargo Inspection (Spanish Version) and Use of Subsurface Pumps 2015 Safe Entry and Cleaning of 17.2 Measurement of Cargoes on Board New (11IW) Independent Wellhead Petroleum Storage Tanks Tank Vessel (Spanish Version) New Specification for Packers 2021 Fire Fighting In and Around 17.5 Guidelines for Cargo Analysis and 13A Specification for Drilling Fluid Flammable and Combustible Liquid Reconciliation Materials Atmosphere Storage Tank 17.7 Recommended Practices for 14A Subsurface Safety Valve 2028 Flame Arrestors in Piping Developing Barge Control Factors Equipment Systems (Volume Ratio) 16C Specification for Choke and Kill FOR FURTHER INFORMATION CONTACT: 19.1D Documentation File for API Systems David Soffrin, Standards and Training Manual of Petroleum Measurement 16D Specification for Control Systems Resource Group, email: Standards Chapter 19.1— for Drilling Well Control Equipment [email protected]. Evaporative Loss from Fixed Roof 17C Recommended Practice for TFL Committee on Petroleum Measurement Tanks (Through Flowline) Systems 20.1 Allocation Measurement New 17K Bonded Flexible Pipe 1.0 Vocabulary New 17L Flexible Pipe Ancillary 2.2A Measurement and Calibration of New Multi-Phase Meters Equipment Upright Cylindrical Tanks by the New Ultrasonic Meters Manual Strapping Method New Alternative Meters New Specification for Well Perforators 2.8A Calibration of Tanks on Ships Meetings/Conferences: The 14J Recommended Practice for Design and Oceangoing Barges Committee on Petroleum Measurement and Hazard Analysis for Offshore 4.5 Master-Meter Provers Fall Meeting will be held September 25– Production Facilities 6.2 Loading Rack and Tank Truck 29, 2000, at the Wyndham Palace Hotel, 14G Recommended Practice for Fire Metering for Non-LPG Products Lake Buena Vista, Florida. Interested Prevention and Control on Open 8.1 Manual Sampling of Petroleum parties may visit the API Events Type Offshore Production Platforms and Petroleum Products calendar at http://www.api.org/events 49 Recommended Practice for 8.2 Automatic Sampling of Petroleum for more information regarding Analysis of Oilfield Waters and Petroleum Products attending this meeting. FOR FURTHER INFORMATION CONTACT: 8.3 Mixing and Handling of Liquid FOR FURTHER INFORMATION CONTACT: Jon Mike Spanhel, Standards and Training Samples of Petroleum and Noxon, Standards and Training Resource Group, email: Petroleum Products Resource Group, email: [email protected]. [email protected].
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Dated: September 15, 2000. These meetings are open to the 901 Airline Highway, Kenner, Karen Brown, public, and will be conducted in Louisiana; telephone 504-469-5000. Deputy Director. English. Fishers and other interested Council address: Gulf of Mexico [FR Doc. 00–24459 Filed 9–21–00; 8:45 am] persons are invited to attend and Fishery Management Council, 3018 U.S. BILLING CODE 3510±13±M participate with oral or written Highway 301 North, Suite 1000, Tampa, statements regarding agenda issues. Florida, 33619. Although non-emergency issues not FOR FURTHER INFORMATION CONTACT: Dr. DEPARTMENT OF COMMERCE contained in this agenda may come Richard Leard, Senior Fishery Biologist, before this Council for discussion, in at the Gulf of Mexico Fishery National Oceanic and Atmospheric accordance with the Magnuson-Stevens Management Council, 3018 U.S. Administration Fishery Conservation and Management Highway 301 North, Suite 1000, Tampa, [I.D. 091800D] Act, those issues may not be the subject Florida, 33619; telephone 813-228-2815. of formal Council action during this SUPPLEMENTARY INFORMATION: The meeting. Action will be restricted to Caribbean Fishery Management Shrimp AP and the Standing and those issues specifically listed in this Council; Public Meetings Special Shrimp SSCs will convene to notice and any issues arising after review Draft Amendment 11 to the AGENCY: National Marine Fisheries publication of this notice that require Shrimp Fishery Management Plan. This Service (NMFS), National Oceanic and emergency action under section 305(c) amendment contains alternatives for Atmospheric Administration (NOAA), of the Magnuson-Stevens Fishery requiring shrimp vessel permits and/or Commerce. Conservation and Management Act, shrimp vessel registration, operator ACTION: Notice of public meetings. provided the public has been notified of permits, and prohibiting trap gear in the the Council’s intent to take final action royal red shrimp fishery of the exclusive SUMMARY: The Caribbean Fishery to address the emergency. Management Council’s Scientific and economic zone (EEZ). The Shrimp AP Statistical Committee (SSC), Advisory Special Accommodations may develop recommendations to the Panel (AP), and Habitat Advisory Panel This meeting is physically accessible Council regarding these alternatives. (HAP), will hold meetings. to people with disabilities. Requests for The Shrimp AP also will discuss, and DATES: The first meeting will be held sign language interpretation or other possibly make recommendations to October 10, 2000; the second, October auxiliary aids should be directed to Mr. define, ‘‘to the extent practicable’’ under 11, 2000; and, the third, October 13, Miguel A. Rolon, 787-766-5926 at least the Magnuson-Stevens Fishery 2000; all three will last from l0 a.m. to 5 days prior to the meeting date. Conservation and Management Act, that 4 p.m. requires the Regional Fishery Dated: September 19, 2000. Management Councils to reduce bycatch ADDRESSES: All three meetings will be Richard W. Surdi, ‘‘to the extent practicable.’’ held at the Travelodge Hotel, Isla Verde Acting Director, Office of Sustainable The Shrimp AP consists principally of Avenue, Isla Verde, Carolina, Puerto Fisheries, National Marine Fisheries Service. commercial shrimp fishermen, dealers, Rico. [FR Doc. 00–24456 Filed 9–21–00; 8:45 am] and association representatives. Council address: Caribbean Fishery BILLING CODE 3510±22±S Although other non-emergency issues Management Council, 268 Munoz not on the agenda may come before Rivera Avenue, Suite 1108, San Juan, PR these groups for discussion, in 009l8-2577. DEPARTMENT OF COMMERCE accordance with the Magnuson-Stevens FOR FURTHER INFORMATION CONTACT: Fishery Conservation and Management National Oceanic and Atmospheric Telephone: 787-766-5926. Act, those issues may not be the subject Administration SUPPLEMENTARY INFORMATION: The of formal action during these meetings. agenda items discussed by the SSC, AP, [I.D. 091500A] Actions of these groups will be and HAP will be as follows: restricted to those issues specifically Gulf of Mexico Fishery Management identified in the agendas and any issues SSC—Tuesday, October 10, 2000, from Council; Public Meetings 10-4 p.m. arising after publication of this notice AGENCY: National Marine Fisheries that require emergency action under -Dolphin/Wahoo Fishery Management Service (NMFS), National Oceanic and Section 305(c) of the Magnuson-Stevens Plan (FMP) Atmospheric Administration (NOAA), Act, provided the public has been -Queen Conch Amendment Update Commerce. notified of the Gulf of Mexico Fishery -Sustainable Fisheries Act Management Council’s intent to take ACTION: Notice of public meetings. -Other Business action to address the emergency. AP—Wednesday, October 11, 2000, SUMMARY: The Gulf of Mexico Fishery Copies of the agenda can be obtained from l0-4 p.m. Management Council will convene by calling 813-228-2815. This meeting is separate public meetings of its Shrimp physically accessible to people with -Dolphin/Wahoo FMP Advisory Panel(AP) and its Standing disabilities. Requests for sign language -Conch FMP Amendment and Special Shrimp Scientific and interpretation or other auxiliary aids -Other Business Statistical Committees (SSCs). should be directed to Anne Alford at the -Simultaneous interpretation Council (see ADDRESSES) by October 2, DATES: The Shrimp AP meeting will be (Spanish-English) will be available 2000. during the AP meeting. held on Monday, October 9, 2000, beginning at 9 a.m. The Standing and Dated: September 18, 2000. HAP—Friday, October 13, 2000, from Special Shrimp SSCs’ meeting will be Richard W. Surdi, 10-4 p.m. held on Tuesday, October 10, 2000, Acting Director, Office of Sustainable -Essential Fish Habitat beginning at 10 a.m. Fisheries, National Marine Fisheries Service. -Coral FMP ADDRESSES: The meetings will be held at [FR Doc. 00–24457 Filed 9–21–00; 8:45 am] -Task Force Report the New Orleans Airport Hilton Hotel, BILLING CODE 3510-22-S
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DEPARTMENT OF COMMERCE 3. Bottomfish FMP issues E. Status of bioprospecting operations A. Status of litigation/observer Although non-emergency issues not National Oceanic and Atmospheric program contained in this agenda may come Administration B. Review of Bottomfish EIS before this Council for discussion, in accordance with the Magnuson-Stevens [I.D. 091800B] Wednesday, October 11, 2000, from Fishery Conservation and Management 8:30 to 5 p.m. Western Pacific Fishery Management Act, those issues may not be the subject Council; Public Meeting 1. Pelagic FMP issues of formal Council action during this A. 2nd quarter 2000 Hawaii and meeting. Action will be restricted to AGENCY: National Marine Fisheries American Samoa longline fishery report those issues specifically listed in this Service (NMFS), National Oceanic and B. American Samoan framework notice and any issues arising after Atmospheric Administration (NOAA), measure publication of this notice that require Commerce. C. Recreational fisheries emergency action under section 305(c) ACTION: Notice of public meeting. (i) Marine Recreational Fishing of the Magnuson-Stevens Fishery Statistical Survey Conservation and Management Act, SUMMARY: The Western Pacific Fishery D. Shark management provided the public has been notified of Management Council will convene its (i) Blue shark stock assessment the Council’s intent to take final action 75th meeting of the Scientific and (ii) Status of amendment 9 to address the emergency. Statistical Committee (SSC). E. Seabird management DATES: The meeting will be held (i) Status of framework measures/ Special Accommodations October 10-12, 2000. See biological opinion on Short-tail This meeting is physically accessible SUPPLEMENTARY INFORMATION for specific albatross to people with disabilities. Requests for dates and times. F. Turtle management sign language interpretation or other ADDRESSES: The meeting will be held at (i) Ongoing litigation auxiliary aids should be directed to the Council office conference room, (ii) Draft EIS Kitty M. Simonds, 808-522-8220 (voice) 1164 Bishop St., Suite 1400, Honolulu, (iii) Turtle Mitigation Working Group or 808-522-8226 (fax), at least 5 days Hawaii; telephone: (808-522-8220). G. NMFS overfishing/Maximum prior to the meeting date. Council Address: Western Pacific Sustainable Yield workshop H. Transition Zone Chlorophyl Front Dated: September 18, 2000. Fishery Management Council, 1164 Richard W. Surdi, Bishop St., Suite 1400, Honolulu, HI, I. Pelagics research/ecological Acting Director, Office of Sustainable 96813. simulation model J. Pelagics FMP 5-year review: Terms- Fisheries, National Marine Fisheries Service. FOR FURTHER INFORMATION CONTACT: of-reference [FR Doc. 00–24453 Filed 9–21–00; 8:45 am] Kitty M. Simonds, Executive Director; K. Palmyra Atoll- recreational/ BILLING CODE: 3510±22 ±S telephone 808-522-8220. longline/handline area closures SUPPLEMENTARY INFORMATION: The SSC L. International: will discuss and may make (i) Outcome of Multilateral High Level DEPARTMENT OF COMMERCE recommendations to the Council on the Conference 7 agenda items here. The order in which (ii) Standing Committee on Tuna and National Oceanic and Atmospheric agenda items will be addressed can Billfish 13 Administration change. (iii) Food & Agricultural Organization [I.D. 091100H] consultation on illegal, unreported and Tuesday, October 10, 2000, from 9 to 5 unregulated fishing Marine Mammals p.m. M. Other issues 1. Precious corals fishery AGENCY: National Marine Fisheries Thursday, October 12, 2000, from 8:30 A. Status of 1999 framework Service (NMFS), National Oceanic and to 5 p.m. adjustment regarding new harvesting Atmospheric Administration (NOAA), requirements 1. Ecosystem and Habitat Commerce. B. Status of 2000 framework A. Draft Coral Reef Ecosystem FMP ACTION: Receipt of application for adjustment regarding Hawaiian Islands draft EIS amendment and request for emergency exploratory area quota increase (i) Summary relocation of Hawaiian monk seals. C. Process of defining new beds (ii) Review of (initial) public D. September Northwestern Hawaiian comments SUMMARY: Notice is hereby given that Islands (NWHI) research surveys B. President’s vision for NWHI coral the Southwest Fisheries Science Center, E. Precious Corals Plan Team/ reefs Honolulu Laboratory, NMFS, 2570 Dole Advisory Panel recommendations (i) Department of Commerce/ Street, Honolulu, Hawaii 96822-2396, F. Review of Precious Corals Department of the Interior has requested an amendment to Environmental Impact Statement(EIS) recommendations scientific research Permit No. 848-1335 2. Crustaceans Fishery Management (ii) President’s action to allow for the emergency relocation of Plan (FMP) issues C. Other issues two Hawaiian monk seal (Monachus A. Status of research and stock 2. Other business schauinslandi) pups. assessment activities and plans A. Status of Congressional legislation ADDRESSES: The amendment request B. Plans for experimental fishery in B. Magnuson-Stevens Act legislation and related documents are available for NWHI C. Draft amendments to add fisheries review upon written request or by C. 5-Year review of Amendment 9 off the Commonwealth of the Northern appointment in the following offices: D. Status of litigation Mariana Islands and the Pacific Remote Permits Division, Office of Protected E. Overcapitalization of the NWHI Island Areas (PRIA) to FMPs Resources, NMFS, 1315 East-West fishery D. Sustainable Fisheries Act Highway, Room 13705, Silver Spring, F. Review of the Crustaceans EIS overfishing amendments to FMPs MD 20910 (301/713-2289);
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Regional Administrator, Southwest DEPARTMENT OF COMMERCE Dated: August 31, 2000. Region, NMFS, 501 West Ocean Eugene Nitta, Boulevard, Suite 4200, Long Beach, CA National Oceanic and Atmospheric Acting Chief, Permits and Documentation 90802-4213 (562/980-4001); and Administration Division, Office of Protected Resources, Protected Species Program Manager, National Marine Fisheries Service. Pacific Islands Area Office, Southwest [I.D. 083100A] [FR Doc. 00–24455 Filed 9–21–00; 8:45 am] Region, NMFS, 1601 Kapiolani BILLING CODE 3510-22-S Boulevard, Suite 1110, Honolulu, HI Marine Mammals; Scientific Research (808/973-2937). Permit (PHF# 981-1578-00) CONSUMER PRODUCT SAFETY SUPPLEMENTARY INFORMATION: The AGENCY: National Marine Fisheries COMMISSION subject amendment to permit No. 848- Service (NMFS), National Oceanic and [CPSC Docket No. 00±C0015] 1335, issued on June 10, 1997 (62 FR Atmospheric Administration (NOAA), 32586) is requested under the authority Commerce. Riello Corporation of America, a of the Marine Mammal Protection Act of Corporation, Provisional Acceptance ACTION: Issuance of permit. 1972, as amended (16 U.S.C. 1361 et of a Settlement Agreement and Order seq.), the Regulations Governing the Taking and Importing of Marine SUMMARY: Notice is hereby given that Dr. AGENCY: Consumer Product Safety Mammals (50 CFR part 216), the Peter L. Tyack, Ph.D., Woods Hole Commission. Endangered Species Act (ESA) of 1973, Oceanographic Institution, Biology ACTION: Notice. as amended (16 U.S.C. 1531 et seq.), and Department, 46 Water Street, Woods the Regulations Governing the Taking, Hole, MA 02543, has been issued a SUMMARY: It is the policy of the Importing, and Exporting of Endangered permit to take several species of Commission to publish settlements which it provisionally accepts under the Fish and Wildlife (50 CFR part 222). cetaceans for scientific research. Consumer Product Safety Act in the The permit holder is currently ADDRESSES: The permit and related Federal Register in accordance with the authorized to conduct population documents are available for review terms of 16 CFR 1118.20. Published assessment, disease assessment, upon written request or by appointment below is a provisionally-accepted recovery actions, and pelagic ecology (see SUPPLEMENTARY INFORMATION). Settlement Agreement with Riello studies of Hawaiian monk seals Corporation of America, a corporation, (Monachus schauinslandi) at all FOR FURTHER INFORMATION CONTACT: containing a civil penalty of $125,000. locations within the Hawaiian Jeannie Drevenak, 301/713-2289. DATES: Any interested person may ask Archipelago and at Johnston Atoll, SUPPLEMENTARY INFORMATION: On June the Commission not to accept this through May 31, 2002. The permit 30, 2000, notice was published in the agreement or otherwise comment on its holder is now requesting that the permit contents by filing a written request with be amended to authorize the emergency Federal Register (65 FR 40613) that a the Office of the Secretary by October relocation of two weaned Hawaiian request for a scientific research permit 10, 2000. monk seal pups in order to protect their to take several species of cetaceans had health and well-being. The permit has been submitted by the above-named ADDRESSES: Persons wishing to been amended to authorize the individual. The requested permit has comment on this Settlement Agreement relocation of the two animals, pursuant been issued under the authority of the should send written comments to the to § 216.33(e)(6) of the Regulations Marine Mammal Protection Act of 1972, Comment 00–C0015, Office of the Governing the Taking and Importing of as amended (16 U.S.C. 1361 et seq.), the Secretary, Consumer Product Safety Marine Mammals (50 CFR part 216) Regulations Governing the Taking and Commission, Washington, DC 20207. which allows waiver of the 30-day Importing of Marine Mammals (50 CFR FOR FURTHER INFORMATION CONTACT: public comment period. The remainder part 216), the Endangered Species Act of Jimmie L. Williams, Jr., Trial Attorney, of the pending amendment application 1973, as amended (16 U.S.C. 1531 et Office of Compliance and Enforcement, for this action is being processed seq.), and the regulations governing the Consumer Product Safety Commission, according to 50 CFR 216.39. taking, importing, and exporting of Washington, DC 20207; telephone (301) endangered fish and wildlife (50 CFR 504–0626, 1376. In compliance with the National SUPPLEMENTARY INFORMATION: Environmental Policy Act of 1969 (42 parts 222—226). The text of U.S.C. 4321 et seq.), an initial Issuance of this permit, as required by the Agreement and Order appears determination has been made that the the ESA, was based on a finding that below. activity proposed is categorically such permit (1) was applied for in good Dated: September 18, 2000. excluded from the requirement to faith, (2) will not operate to the Sadye E. Dunn, prepare an environmental assessment or disadvantage of the endangered species Secretary. environmental impact statement. which is the subject of this permit, and Settlement Agreement and Order NMFS has forwarded copies of this (3) is consistent with the purposes and 1. Riello Corporation of America amendment request to the Marine policies set forth in section 2 of the (‘‘RCA’’), a corporation, enters into this Mammal Commission and its ESA. Settlement Agreement and Order with Committee of Scientific Advisors. Addresses: The permit and related the staff (‘‘the staff’’) of the U.S. Dated: September18, 2000. documents are available for review Consumer Product Safety Commission Ann D. Terbush, upon written request or by appointment (‘‘the Commission’’) in accordance with Chief, Permits and Documentation Division, in the following offices: 16 CFR part 1118 Section 20 of the Office of Protected Resources, National Permits Division, Office of Protected Commission’s Procedures for Marine Fisheries Service. Resources, NMFS, 1315 East-West Investigations, Inspections, and [FR Doc. 00–24454– Filed 9–21–00; 8:45 am] Highway, Room 13130, Silver Spring, Inquiries under the Consumer Product BILLING CODE 3510-22-S MD 20910 (301/713-2289). Safety Act (‘‘CPSA’’).
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I. The Parties 1998. RCA initiated a similar plan ($125,000.00), the Commission 2. The Commission is an independent beginning on January 13, 1999. specifically waives its right to initiate, federal regulatory agency responsible for 10. On March 4, 1999, RCA notified either by referral to the Department of the enforcement of the Consumer the Commission about the Burners. Justice or bringing in its own name, any Product Safety Act, 15 U.S.C. 2051– RCA, therefore, failed to report to the action for civil penalties relating to any 2084. Commission in a timely manner as of the events that gave rise to the staff’s 3. RCA is a corporation organized and required by Section 15(b) of the CPSA, allegations in paragraphs four through existing under the laws of the State of 15 U.S.C. 2064(b). RCA, in cooperation ten, supra, against (a) RCA and Riello Massachusetts. Its principal offices are with the CPSC, voluntarily completed Canada, and (b) any and all of RCA’s located at 35 Pond Park Road, Hingham, the recall of the Burners soon thereafter. and Riello Canada’s successors, assigns, employees, representatives and agents. Massachusetts. III. Response of RCA 17. RCA shall pay the Consumer II. Staff Allegations 11. RCA denies all of the allegations Product Safety Commission a civil of staff and in particular denies that it 4. Between February 1997 and penalty in the amount of $125,000.00 violated the reporting requirements of December 1998, RCA imported, within 30 calendar days of such service section 15(b) of the CPSA, 15 U.S.C. distributed and sold in the United States of the Final Order. 2064(b) or 16 CFR Part 1115. The approximately 842 balanced flue oil 18. RCA agrees to entry of the payment made hereunder is made in burners models BF 40 F5 and BF 40 F3 attached Order, which is incorporated settlement of the staff’s allegations. (‘‘the Burners’’) equipped with a herein by reference, and to be bound by Neither the payment nor the fact of component known as the ET–25 post its terms. entering into this Settlement Agreement purge module (‘‘ET–25’’). The Burners 19. This settlement Agreement and constitute evidence of or an admission were designed for installation on Order are entered into for settlement of, any fault, liability or statutory or residential boilers for home heating. purposes only and shall not constitute regulatory violation by RCA, or of the RCA is, therefore, a distributor and evidence of, an admission of, or a truth of any of the allegations made by retailer of a consumer product in U.S. determination of, any fault, liability or the staff. commerce pursuant to 15 U.S.C. 2052 statutory or regulatory violation. (a)(1), (5) and (6). IV. Agreement of the Parties 20. The Commission’s Order in this matter is issued under the provisions of 5. The Burners were manufactured by 12. The Commission has jurisdiction Riello Canada, Inc., a corporation the CPSA, 15 U.S.C. 2051, et seq., and over this matter under the Consumer a violation of this Order may subject organized and existing under the laws of Product Safety Act (CPSA), 15 U.S.C. the Province of Ontario, Canada (‘‘Riello RCA to appropriate legal action. 2051 et seq. 21. This Settlement Agreement and Canada’’). The ET–25 was manufactured 13. RCA knowingly, voluntarily and by Enertel Controls, Inc., a corporation Order is binding upon and shall inure completely waives any rights it may to the benefit of RCA and Riello Canada organized and existing under the laws of have to: the federal government of Canada. and their assigns or successors. a. the issuance of a complaint in this 22. Agreements, understandings, 6. RCA sold the Burners to matter; manufacturers of boilers. The Burners representations, or interpretations made b. an administrative or judicial outside of this Settlement Agreement were installed in those boilers either by hearing with respect to the staff the boiler manufacturers or by installers. and Order may not be used to vary or allegations discussed in paragraphs 4 to contradict its terms. 7. The ET–25 is intended to blow through 10 above; combustion gases out of the Burner c. judicial review or other challenge Riello Corporation of America. chamber after the call for heat to the or contest of the validity of the Dated: August 22, 2000. Burner is exhausted. A defect in the ET– Commission’s Order; Nick Gareri, 25 causes the Burner to ‘‘run on,’’ which d. a determination by the Commission President. can cause the boiler to overheat. Steam as to whether a violation of section 15(b) U.S. Consumer Product Safety relieved through a pressure relief valve of the CPSA, 15 U.S.C. 2064(b) has Commission. presents a burn hazard to anyone occurred; and Alan H. Schoem, located near the valve. The continuous e. a statement of findings of fact and Assistant Executive Director, Office of buildup of pressure within the boiler conclusion of law with regard to the Compliance. could cause a fire or explosion. staff allegations. Eric L. Stone, 8. RCA recommended the installation 14. Upon provisional acceptance of of a secondary high-end limit with the Director, Legal Division, Office of this Settlement Agreement and Order by Compliance. Burner, which would shut down the the Commission, this Settlement Dated: August 16, 2000. Burner once a pre-set temperature level Agreement and Order shall be placed on in the boiler was reached. In the the public record and shall be published Jimmie L. Williams, Jr., summer or early fall of 1998, both RCA in the Federal Register in accordance Trial Attorney, Legal Division, Office of and Riello Canada obtained reports from with 16 CFR part 1118 section 20. Compliance. their customers that the Burners were 15. The Settlement Agreement and failing to shut down after the call for Order becomes effective upon final Order heat had been exhausted, and that some acceptance by the Commission and Upon consideration of the Settlement boilers in which the Burners were service of the Final Order upon RCA. Agreement entered into between Riello installed were not equipped with a high 16. Upon final acceptance of this Corporation of America, a end limit. This information reasonably Settlement Agreement by the Massachusetts Corporation, and the staff supported the conclusion that the Commission, the issuance of the Order, of the U.S. Consumer Product Safety product contained a defect, which could and the full and timely payment by RCA Commission; and the Commission create a substantial product hazard. to the United States Treasury of a civil having jurisdiction over the subject 9. Riello Canada initiated a corrective penalty in the amount of One Hundred matter and Riello Corporation of action plan beginning December 22, and Twenty Five Thousand Dollars America, and it appearing that the
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Settlement Agreement and Order is in Dated: September 15, 2000. scheduled to be held from 8 a.m. to 5 the public interest, it is. Patricia L. Toppings, p.m. on Saturday, October 7, 2000. The Ordered, that the Settlement Alternate OSD Federal Register Liaison meeting will be open to the public and Agreement be, and hereby is, accepted, Officer, Department of Defense. will be held in the Constellation Room and it is [FR Doc. 00–24332 Filed 9–21–00; 8:45 am] at U.S. Navy Europe’s headquarters on BILLING CODE 5001±10±M North Audley Street in London, Further Ordered, that upon final England. The meeting will be preceded acceptance of the Settlement Agreement by visits by ACDE members and DoDEA and Final Order, Riello Corporation of DEPARTMENT OF DEFENSE representatives to DoD overseas schools America shall pay the Commission a in Iceland, the United Kingdom, civil penalty in the amount of One Office of the Secretary Belgium, and Netherlands from October Hundred and Twenty Five Thousand 2–4. The purpose of the Council is to Renewal of the Joint Advisory Dollars ($125,000.00) within 30 recommend to the Director, Department Committee on Nuclear Weapons calendar days after service of this Final of Defense Dependents Schools Surety Order upon Riello Corporation of (DoDDS), general policies for the America. ACTION: Notice. operation of the DoDDS; to provide the Provisionally accepted and Provisional Director with information about Order issued on the 18th day of September, SUMMARY: The Joint Advisory effective educational programs and 2000. Committee on Nuclear Weapons Surety practices that should be considered by By Order of the Commission. (JACNWS) has been renewed in DoDDS; and to perform other tasks as Sadye E. Dunn, consonance with the public interest, may be required by the Secretary of and in accordance with the provisions Defense. The focus of this meeting will Secretary, U.S. Consumer Product Safety of Public Law 92–463, the ‘‘Federal be on student achievement and progress Commission. Advisory Committee Act.’’ towards organizational strategic goals. [FR Doc. 00–24339 Filed 9–21–00; 8:45 am] The JACNWS provides advice and For further information contact Ms. BILLING CODE 6355±01±M recommendations to the Secretary of Polly Purser, at 703–696–4235, Defense and the Secretary of Energy on extension 1911. nuclear weapons systems surety Dated: September 18, 2000. matters. The Committee undertakes L.M. Bynum, DEPARTMENT OF DEFENSE studies and prepares reports on national policies and procedures to ensure the Alternate OSD Federal Register Liaison Officer, Department of Defense. Office of the Secretary safe handling, stockpiling, maintenance, disposition and risk reduction of [FR Doc. 00–24330 Filed 9–21–00; 8:45 am] Renewal of the Defense Intelligence nuclear weapons. BILLING CODE 5001±10±M Agency Science and Technology The Committee will continue to be Advisory Board composed of four to seven members, both government and non-government DEPARTMENT OF EDUCATION ACTION: Notice. individuals, who are acclaimed experts in nuclear weapons surety measures. Submission for OMB Review; Comment Request SUMMARY: The Defense Intelligence Efforts will be made to ensure that there is a fairly balanced membership in Agency Science and Technology AGENCY: Department of Education. Advisory Board (DIA/STAB) has been terms of the functions to be performed and the interest groups represented. SUMMARY: The Leader, Regulatory renewed in consonance with the public Information Management Group, Office FOR FURTHER INFORMATION CONTACT: interest, and in accordance with the of the Chief Information Officer invites Please contact Mr. Bill Daitch, Defense provisions of Public Law 92–463, the comments on the submission for OMB Threat Reduction Agency, telephone: ‘‘Federal Advisory Committee Act.’’ review as required by the Paperwork 703–325–0581. The DIA/STAB provides scientific Reduction Act of 1995. and technical expertise and advice to Patricia L. Toppings, DATES: Interested persons are invited to the Secretary of Defense and the Alternate OSD Federal Register Liaison submit comments on or before October Director Defense Intelligence Agency on Officer, Department of Defense. 23, 2000. current and long-term operational and [FR Doc. 00–24331 Filed 9–21–00; 8:45 am] ADDRESSES: Written comments should intelligence matters conferring Defense BILLING CODE 5001±10±M be addressed to the Office of Intelligence Agency’s mission. Information and Regulatory Affairs, The Committee will continue to be Attention: Lauren Wittenberg, Acting DEPARTMENT OF DEFENSE composed of 30 to 36 members from Desk Officer, Department of Education, government agencies, and senior Office of the Secretary Office of Management and Budget, 725 officials from large and small 17th Street, NW., Room 10235, New corporations, private consultants, and Meeting of the Advisory Council on Executive Office Building, Washington, the academic community. Efforts will be Dependents' Education DC 20503 or should be electronically made to ensure that there is a fairly mailed to the internet address balanced membership in terms of the AGENCY: Department of Defense [email protected]. functions to be performed and the Education Activity (DoDEA). SUPPLEMENTARY INFORMATION: Section interest groups represented. ACTION: Notice of meeting. 3506 of the Paperwork Reduction Act of FOR FURTHER INFORMATION CONTACT: SUMMARY: Pursuant to Public Law 92– 1995 (44 U.S.C. Chapter 35) requires Please contact Victoria Prescott, Defense 463, notice is hereby given that a that the Office of Management and Intelligence Agency, telephone: 202– meeting of the Advisory Council on Budget (OMB) provide interested 231–4930. Dependents’ Education (ACDE) is Federal agencies and the public an early
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(TDD) may call the Federal Information Currently, some statutory provisions (3) Help determine the— Relay Service (FIRS) at 1–800–877– defining institutional eligibility for the (A) Most effective means of delivering 8339. Title IV, HEA programs may limit the quality education via distance education Individuals with disabilities may circumstances in which Title IV, HEA course offerings; obtain this document in an alternate program funds can be provided to (B) Specific statutory and regulatory format (e.g., Braille, large print, students enrolled in distance education. requirements which should be altered to audiotape, or computer diskette) on For example, institutions that offer more provide greater access to high quality request to the contact person listed in than 50 percent of their courses via distance education programs; and the preceding paragraph. distance education or enroll more than (C) Appropriate level of Federal SUPPLEMENTARY INFORMATION: 50 percent of their students in distance assistance for students enrolled in education programs (hereafter referred distance education programs. Background and Purpose of the to as ‘‘the 50 percent rules’’) are not Under the Distance Demonstration Distance Education Demonstration eligible to participate in the Title IV, Program, participants may offer Title IV, Program HEA programs. HEA program funds to students enrolled Over the past few years, there has Other statutory provisions, such as in educational programs utilizing been rapid growth in the number of those dealing with the length of an distance education delivery methods for institutions providing courses and academic year and the minimum length all or a portion of their classes without degree programs in various modes of of an eligible vocational program, are being subject to certain statutory and ‘‘distance education.’’ For purposes of based on the patterns and structure of regulatory provisions, which the the Distance Education Demonstration ‘‘traditional’’ on-campus education. As Secretary may waive, upon their Program and this notice, ‘‘distance such, they can be burdensome and request. The purpose of these waivers is education’’ is defined as an educational difficult to apply to distance education to test new ways of administering the process that is characterized by the programs. They may also limit Federal student assistance programs and separation, in time or place, between institutions from structuring programs to consider how the law and regulations instructor and student. This process that may best meet the needs of distance might be altered to allow for expansion may include courses offered principally education students, institutions, and of aid to distance students and still through the use of television, audio, or systems and consortia of such ensure program integrity. computer transmission, such as open institutions. Similar problems may arise The legislation creating the program broadcast, closed circuit, cable, with regard to regulatory provisions authorized the Secretary to select, from microwave, or satellite transmission; implementing part G of Title IV of the among eligible applicants, up to a total audio or computer conferencing; video HEA. of 15 institutions, systems of cassettes or discs; or correspondence. Many of these requirements were put institutions, or consortia of institutions This growth in distance education has in place to address abuses in the Title to begin participation in the first year of occurred in response to increasing IV, HEA programs and until recently did the program. (For these purposes, a demand from students who are not have much effect on institutions system of institutions could be a group restricted in their ability to enroll in offering distance education programs or of institutions with a common more traditional programs, including courses or their students’ eligibility for governing board. An example would be working adults, parents, people who aid. However, at this point in the a community college system or a group live in rural communities, and students evolution of distance education of private institutions owned by the with disabilities. Another reason for this programs, changes to student aid same corporation. A consortium of growth is the potential for cost control. requirements may be necessary to allow institutions could be two or more Distance education is attractive to students to take full advantage of the institutions that have agreed to institutions that seek to avoid large opportunities distance education collaborate on a common effort such as investments in new facilities to meet provides and to make it possible for sharing distance education courses or a student demand and to students who institutions to fully utilize the potential two-year and four-year institution can complete their educational technology now offers to enhance cooperating to offer a bachelor’s degree programs more economically using distance education courses and completion program.) The 15 distance education for all or part of their programs. On the other hand, participants for the first year of the studies. Additionally, through consortia restructuring aid to fit these new program were selected in May of 1999 and other agreements among patterns presents some risks as well as and began participation on July 1, 1999. institutions that provide distance opportunities, and care in designing The Secretary is authorized to select, education, many students are able to alternatives to the current student aid from among eligible applicants, up to a take advantage of a richer selection of requirements is necessary to assure total of 35 additional institutions, course offerings tailored to their continued integrity in the Title IV, HEA systems of institutions, or consortia of individual needs than are available at programs. institutions to begin participation in the the institutions where they are enrolled. In response to these dual concerns, in third year of the program, which will Distance education has been available 1998 Congress enacted the Distance commence on July 1, 2001. The to postsecondary education students for Education Demonstration Program. As Secretary anticipates that these many years. More recently, described in section 486(a) of the HEA, additional institutions, systems or advancements in technology have the purpose of the program is to— consortia selected will continue to provided additional instructional (1) Allow demonstration programs participate for three years. Participation, opportunities through the use of two that are strictly monitored by the of course, will be conditioned upon way video and the Internet to delivery Department of Education to test the their meeting the requirements of the instruction. The richness of the quality and viability of expanded Distance Education Demonstration available technology has made the distance education programs currently Program and continued participation in delivery of high quality distance restricted under this Act; Title IV, HEA programs. Institutions education possible and desirable for (2) Provide for increased student desiring to withdraw from the Distance many more postsecondary education access to higher education through Education Demonstration Program may programs and students. distance education programs; and do so without jeopardy to their
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(2) High quality, listed under FOR FURTHER INFORMATION recommendations to DOE and its (3) Moderate quality, or CONTACT. regulators in the areas of environmental (4) Low quality. restoration, waste management, and Electronic Access to This Document To construct the funding slate, an related activities. average numerical score will be You may view this document, as well Tentative Agenda: determined for each application through as all other Department of Education 1. Stewardship. the following procedure. For each documents published in the Federal 2. Groundwater. application, a numerical value of 3 will Register, in text or Adobe Portable Copies of the final agenda will be be assigned for each rating of Document Format (PDF) on the Internet available at the meeting. exceptionally high quality that the at either of the following sites: Public Participation: The meeting is open to the public. Written statements application receives, a numerical value http://ocfo.ed.gov/fedreg.htm may be filed with the Committee either of 2 will be assigned for each rating of http://www.ed.gov/news.html before or after the meeting. Individuals high quality that the application To use PDF you must have Adobe receives, a numerical value of 1 will be who wish to make oral statements Acrobat Reader, which is available free pertaining to agenda items should assigned for each rating of moderate at either of the previous sites. If you quality that the application receives, contact Kevin Rohrer, at the telephone have questions about using PDF, call the number listed above. Requests must be and a numerical value of 0 will be U.S. Government Printing Office (GPO), assigned for each rating of low quality received 5 days prior to the meeting and toll free, at 1–888–293–6498; or in the reasonable provision will be made to that the application receives. Then, for Washington, DC area at (202) 512–1530. each application, the total of the include the presentation in the agenda. Note: The official version of this document The Deputy Designated Federal Officer numeric scores the application receives is the document published in the Federal will be divided by the number of is empowered to conduct the meeting in Register. Free Internet access to the official a fashion that will facilitate the orderly reviewers who rated that application to edition of the Federal Register and the Code conduct of business. This notice is being determine the average score for that of Federal Regulations is available on GPO application. Access at: http://www.access.gpo.gov/nara/ published less than 15 days before the date of the meeting due to programmatic For this competition, potential index.html issues that needed to be resolved. applicants were invited to submit letters Program Authority: 20 U.S.C. Minutes: The minutes of this meeting of intent. In the letter of intent, 6031(c)(2)(B). will be available for public review and applicants identified the panel they copying at the Freedom of Information thought was best suited to review their Dated: September 19, 2000. Public Reading Room, 1E–190, Forrestal application. Applicants are hereby C. Kent McGuire, Building, 1000 Independence Avenue, notified that the data in the letters of Assistant Secretary for Educational Research SW, Washington, DC 20585 between intent were collected for administrative and Improvement. 9:00 a.m. and 4 p.m., Monday–Friday, purposes only. OERI reserves the right [FR Doc. 00–24391 Filed 9–21–00; 8:45 am] except Federal holidays. Minutes will to assign any application to any panel BILLING CODE 4000±01±P also be available by writing to Kevin where the agency believes the reviewers Rohrer at the address listed above. are best qualified to review that application. DEPARTMENT OF ENERGY Issued at Washington, DC on September 19, 2000. Waiver of Proposed Rulemaking Environmental Management Site- Rachel M. Samuel, In accordance with the Specific Advisory Board, Nevada Deputy Advisory Committee Management Administrative Procedure Act (5 U.S.C. Officer. AGENCY: Department of Energy. 553), it is the practice of the Secretary [FR Doc. 00–24398 Filed 9–21–00; 8:45 am] ACTION to offer interested parties the : Notice of open meeting. BILLING CODE 6450±01±P opportunity to comment on proposed SUMMARY: This notice announces a regulations. However, because this meeting of the Environmental DEPARTMENT OF ENERGY notice merely establishes procedural Management Site-Specific Advisory requirements for review of applications Board (EM SSAB), Nevada Test Site. Environmental Management Site- and does not create substantive policy, The Federal Advisory Committee Act Specific Advisory Board, Oak Ridge proposed rulemaking is not required (Pub. L. No. 92–463, 86 Stat. 770) Reservation under 5 U.S.C. 553(b)(A). requires that public notice of these FOR FURTHER INFORMATION CONTACT: meetings be announced in the Federal AGENCY: Department of Energy. Elizabeth Payer, Office of Educational Register. ACTION: Notice of open meeting. Research and Improvement, U.S. DATES: Wednesday, October 4, 2000, SUMMARY: This notice announces a Department of Education, 555 New 6:30 p.m.–9:00 p.m. Jersey Avenue, NW., room 502e, meeting of the Environmental Washington, DC 20208–5645. ADDRESSES: Conference Center, 1750 Management Site-Specific Advisory Telephone: (202) 219–1310 or via South Pahrump Valley Blvd., Pahrump, Board (EM SSAB) Oak Ridge. The Internet: [email protected]. Nevada. Federal Advisory Committee Act (Pub. If you use a telecommunications FOR FURTHER INFORMATION CONTACT: L. No. 92–463, 86 Stat. 770) requires device for the deaf (TDD), you may call Kevin Rohrer, U.S. Department of that public notice of these meetings be the Federal Information Relay Service Energy, Office of Environmental announced in the Federal Register. (FIRS) at 1–800–877–8339. Management, P.O. Box 98518, Las DATES: Wednesday, October 11, 2000, 6 Individuals with disabilities may Vegas, Nevada 89193–8513, phone: p.m.–9:30 p.m. obtain this document in an alternative 702–295–0197, fax: 702–295–5300. ADDRESSES: Garden Plaza Hotel, 215 S. format (e.g., Braille, large print, SUPPLEMENTARY INFORMATION: Illinois Avenue, Oak Ridge, TN. audiotape, or computer diskette) on Purpose of the Board: The purpose of FOR FURTHER INFORMATION CONTACT: request to the program contact person the Advisory Board is to make Dave Adler, Federal Coordinator,
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Department of Energy Oak Ridge DEPARTMENT OF ENERGY to the complaint shall also be due on or Operations Office, P.O. Box 2001, EM– before September 25, 2000. Federal Energy Regulatory 90, Oak Ridge, TN 37831. Phone (865) David P. Boergers, 576–4094; Fax (865) 576–9121 or e-mail: Commission Secretary. [email protected]. [Docket No. EL00±111±000] [FR Doc. 00–24394 Filed 9–21–00; 8:45 am] SUPPLEMENTARY INFORMATION: BILLING CODE 6717±01±M Cities of Anaheim, Azusa, Banning, Purpose of the Board: The purpose of Colton, and Riverside, California v. the Board is to make recommendations California Independent System DEPARTMENT OF ENERGY to DOE and its regulators in the areas of Operator Corporation; Notice of Filing environmental restoration, waste Federal Energy Regulatory management, and related activities. September 18, 2000. Commission Tentative Agenda: Take notice that on September 15, 2000, the Cities of Anaheim, Azusa, [Docket No. CP00±458±000] 1. Presentation on the Oak Ridge Banning, Colton, and Riverside, Environmental Management Waste El Paso Natural Gas Company; Notice California (Southern Cities), tendered of Application Disposal Facility by Mr. Bill Cahill, for filing a Complaint against the Department of Energy-Oak Ridge California Independent System Operator September 18, 2000. Operations. Corporation (ISO). The Southern Cities’ Take notice that on September 12, Public Participation: The meeting is Complaint asserts: (1) That the ISO’s 2000, El Paso Natural Gas Company (El open to the public. Written statements currently effective mechanism for Paso), whose mailing address is Post may be filed with the Committee either recovering costs it incurs for Out-of- Office Box 1492, El Paso, Texas, 79978, before or after the meeting. Individuals Market (OOM) dispatch calls is unjust filed an application at Docket No. CP00– who wish to make oral statements and unreasonable in violation of the 458–000, pursuant to Section 7(b) of the pertaining to agenda items should Federal Power Act, and (2) that the ISO Natural Gas Act (NGA), for permission contact Dave Adler at the address or has violated its Tariff by charging for and approval to abandon by transfer to telephone number listed above. Neutrality Adjustment Charges in excess its affiliate, El Paso Field Services Requests must be received 5 days prior of the limit on such charges in effect Company, certain compression facilities to the meeting and reasonable provision from June 1, 2000 through September in San Juan County, New Mexico, all as 15, 2000. The Southern Cities urges the will be made to include the presentation more fully set forth in the application Commission: (1) To issue an order in the agenda. The Deputy Designated which is on file with the Commission requiring the ISO to change § 11.2.4.2.1 and open to public inspection. This Federal Officer empowered to conduct of the ISO Tariff to provide that OOM filing may be viewed on the web at the meeting in a fashion that will costs incurred by the ISO to meet http://www.ferc.us/online/rims.htm (call facilitate the orderly conduct of underscheduled loads will be recovered 202–208–2222). business. Each individual wishing to from the Scheduling Coordinators that El Paso states that on August 18, 1999, make public comment will be provided have underscheduled, and (2) to issue Williams Field Services Group, Inc. a maximum of 5 minutes to present an order requiring the ISO to abide by (Williams) filed a complaint in Docket their comments at the end of the the cap on Neutrality Adjustment No. RP99–471–000 alleging that meeting. Charges in § 11.2.9.1 of the ISO Tariff, compression facilities at El Paso’s Minutes: Minutes of this meeting will which became effective on June 1, 2000, Blanco Compressor Station in San Juan be available for public review and and to refund Neutrality Adjustment County, New Mexico were providing a copying at the Department of Energy’s Charges in excess of that cap collected nonjurisdictional gathering service and Information Resource Center at 105 for trading intervals subsequent to that were improperly classified as Broadway, Oak Ridge, TN between 7:30 date. transmission facilities. El Paso states a.m. and 5:30 p.m. Monday through Any person desiring to be heard or to that the Blanco Station includes three Friday, or by writing to Dave Adler, protest such filing should file a motion distinct sets of compressors: the ‘‘A’’, Department of Energy Oak Ridge to intervene or protest with the Federal ‘‘C’’, and ‘‘D’’ plants totaling Energy Regulatory Commission, 888 Operations Office, P.O. Box 2001, EM– approximately 91,010 horsepower. It is First Street, N.E., Washington, D.C. indicated that by order issued on 90, Oak Ridge, TN 37831, or by calling 20426, in accordance with Rules 211 November 10, 1999, the Commission him at (865) 576–4094. and 214 of the Commission’s Rules of found that the ‘‘A’’ plant was properly Issued at Washington, DC on September Practice and Procedure (18 CFR 385.211 functionalized as transmission, but that 19, 2000. and 285.214). All such motions and the ‘‘C’’ and ‘‘D’’ plants should be Rachel M. Samuel, protests should be filed on or before functionalized as gathering. El Paso Deputy Advisory Committee Management September 25, 2000. Protests will be states that the Commission denied all Officer. considered by the Commission to requests by order issued April 25, 2000, [FR Doc. 00–24399 Filed 9–21–00; 8:45 am] determine the appropriate action to be and counseled El Paso to file for an taken, but will not serve to make application to abandon the two plants. BILLING CODE 6450±01±P protestants parties to the proceedings. El Paso is filing this application in Any person wishing to become a party recognition of the Commission’s must file a motion to intervene. Copies suggestion in the April 25, 2000, order. of this filing are on file with the In support of why this abandonment is Commission and are available for public in the public convenience and inspection. This filing may also be necessity, El Paso states that the viewed on the Internet at http:// abandonment of the Blanco ‘‘C’’ and www.ferc.fed.us/online/rims.htm (call ‘‘D’’ plants by transfer to its affiliate will 202–208–2222 for assistance). Answers provide for a smooth, seamless
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Corporation filed a compliance filing in 8. Indianapolis Power & Light Company 12. Cinergy Services, Inc. response to the Commission’s orders [Docket No. ER00–3642–000] [Docket No. ER00–3646–000] dated February 29, 2000 and July 14, 2000 issued in Docket No. OA97–571– Take notice that on September 13, Take notice that on September 13, 000. 2000, Indianapolis Power & Light 2000, Cinergy Services, Inc. (Cinergy) and EnerZ Corporation tendered for Comment date: October 16, 2000, in Company (IPL), tendered for filing service agreements executed under IPL’s filing Notice of Cancellation effective accordance with Standard Paragraph E May 1, 2000, of Service Agreement No. at the end of this notice. Open Access Transmission Tariff and an index of customers. 188, under Cinergy Operating 6. New York State Electric & Gas Companies, Cost-Based Power Sales Corporation Comment date: October 4, 2000, in Tariff—CB, FERC Electric Tariff Original accordance with Standard Paragraph E Volume No. 6. [Docket No. ER00–3640–000] at the end of this notice. Cinergy requests an effective date of Take notice that on September 13, 9. Cinergy Services, Inc. May 1, 2000. 2000, New York State Electric & Gas Comment date: October 4, 2000, in Corporation (NYSEG), tendered for [Docket No. ER00–3643–000] accordance with Standard Paragraph E filing pursuant to Part 35 of the Federal Take notice that on September 13, at the end of this notice. Energy Regulatory Commission’s 2000, Cinergy Services, Inc. (Cinergy), 13. Cinergy Services, Inc. Regulations, 18 CFR 35, service tendered for filing a Service Agreement agreements (the Service Agreements) under Cinergy’s Resale, Assignment or [Docket No. ER00–3647–000] under which NYSEG may provide Transfer of Transmission Rights and Take notice that on September 13, capacity and/or energy to Merrill Lynch Ancillary Service Rights Tariff (the 2000, Cinergy Services, Inc. (Cinergy), Capital Services, Inc. (Merrill Lynch) Tariff) entered into between Cinergy and tendered for filing a Service Agreement and AES Eastern Energy, L.P. (AES Public Service Electric and Gas under Cinergy’s Resale, Assignment or Eastern) in accordance with NYSEG’s Company (Public). This Service Transfer of Transmission Rights and FERC Electric Tariff, Original Volume Agreement has been executed by both Ancillary Service Rights Tariff (the No. 3. parties and is to replace the existing Tariff) entered into between Cinergy and NYSEG has requested waiver of the unexecuted Service Agreement. Ameren Services Company (Ameren). notice requirements so that the Service This Service Agreement has been Comment date: October 4, 2000, in Agreements become effective as of executed by both parties and is to accordance with Standard Paragraph E September 14, 2000. NYSEG has served replace the existing unexecuted Service at the end of this notice. copies of the filing upon the New York Agreement. State Public Service Commission, 10. Cinergy Services, Inc. Comment date: October 4, 2000, in Merrill Lynch, and AES Eastern. accordance with Standard Paragraph E [Docket No. ER00–3644–000] Comment date: October 4, 2000, in at the end of this notice. accordance with Standard Paragraph E Take notice that on September 12, 14. Cinergy Services, Inc. at the end of this notice. 2000, Cinergy Services, Inc. (Cinergy), tendered for filing a Service Agreement [Docket No. ER00–3648–000] 7. The Dayton Power and Light under Cinergy’s Resale, Assignment or Take notice that on September 13, Company Transfer of Transmission Rights and 2000, Cinergy Services, Inc. (Cinergy) [Docket No. ER00–3641–000] Ancillary Service Rights Tariff (the and El Paso Power Services Company, a Take notice that on September 13, Tariff) entered into between Cinergy and predecessor Company of El Paso 2000, The Dayton Power and Light MIECO Inc., (MIECO). This Service Merchant Energy, L.P., tendered for Company (DP&L), tendered for filing a Agreement has been executed by both filing Notice of Cancellation effective Wholesale Market Based Rate Tariff and parties and is to replace the existing September 5, 2000, of Service a pro forma Service Agreement. unexecuted Service Agreement. Agreement No. 181, under Cinergy Operating Companies, Cost-Based DP&L seeks an effective date of Comment date: October 4, 2000, in Power Sales Tariff—CB, FERC Electric September 15, 2000 for all of the tariff accordance with Standard Paragraph E Tariff Original Volume No. 6. sheets submitted with this filing. at the end of this notice. Cinergy requests an effective date of DP&L states that its Wholesale Market 11. Cinergy Services, Inc. September 5, 2000. Based Rate Tariff, and pro forma Service [Docket No. ER00–3645–000] Comment date: October 4, 2000, in Agreement, are being filed in order to accordance with Standard Paragraph E conform to a pro forma tariff prepared Take notice that on September 13, at the end of this notice. by a group of representatives from 2000, Cinergy Services, Inc. (Cinergy), various segments of the electric industry tendered for filing a Service Agreement 15. Cinergy Services, Inc. and to facilitate a standardized master under Cinergy’s Resale, Assignment or [Docket No. ER00–3649–000] power purchase and sale agreement. Transfer of Transmission Rights and Take notice that on September 12, DP&L states that it does not propose to Ancillary Service Rights Tariff (the 2000, Cinergy Services, Inc. (Cinergy) eliminate either its currently effective Tariff) entered into between Cinergy and and Eastex Power Marketing, Inc., a market-based Power Sales Tariff The Dayton Power and Light Company predecessor Company of El Paso accepted for filing in Docket No. ER96– (Dayton). This Service Agreement has Merchant Energy, L.P., tendered for 2602–000. been executed by both parties and is to filing Notice of Cancellation effective Copies of this filing have been sent to replace the existing unexecuted Service September 5, 2000 of Service Agreement the Public Utilities Commission of Ohio. Agreement. No. 109, under Cinergy Operating Comment date: October 4, 2000, in Comment date: October 4, 2000, in Companies, Cost-Based Power Sales accordance with Standard Paragraph E accordance with Standard Paragraph E Tariff—CB, FERC Electric Tariff Original at the end of this notice. at the end of this notice. Volume No. 6.
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Cinergy requests an effective date of Agreement No. 109, under Cinergy 23. Cinergy Services, Inc. September 5, 2000. Operating Companies, Market-Based [Docket No. ER00–3657–000] Comment date: October 4, 2000, in Power Sales Tariff—MB, FERC Electric Take notice that on September 13, accordance with Standard Paragraph E Tariff Original Volume No. 7. at the end of this notice. 2000, Cinergy Services, Inc. (Cinergy) Cinergy requests an effective date of and Sonat Power Marketing, Inc., a 16. Cinergy Services, Inc. September 5, 2000. predecessor Company of El Paso Comment date: October 4, 2000, in [Docket No. ER00–3650–000] Merchant Energy, L.P., tendered for accordance with Standard Paragraph E filing Notice of Cancellation effective Take notice that on September 13, at the end of this notice. September 5, 2000 of Service Agreement 2000, Cinergy Services, Inc. (Cinergy), No. 93, under Cinergy Operating tendered for filing a Service Agreement 20. Cinergy Services, Inc. Companies, Cost-Based Power Sales under Cinergy’s Resale, Assignment or [Docket No. ER00–3654–000] Tariff—CB, FERC Electric Tariff Original Transfer of Transmission Rights and Take notice that on September 13, Volume No. 6. Ancillary Service Rights Tariff (the Cinergy requests an effective date of Tariff) entered into between Cinergy and 2000, Cinergy Services, Inc. (Cinergy) and Sonat Power Marketing L.P., a September 5, 2000. Alpena Power Company (Alpena). This Comment date: October 4, 2000, in Service Agreement has been executed predecessor Company of El Paso Merchant Energy, L.P., tendered for accordance with Standard Paragraph E by both parties and is to replace the at the end of this notice. existing unexecuted Service Agreement. filing Notice of Cancellation effective Comment date: October 4, 2000, in September 5, 2000, of Service 24. Cinergy Services, Inc. Agreements No. 126, under Cinergy accordance with Standard Paragraph E [Docket No. ER00–3658–000] at the end of this notice. Operating Companies, Cost-Based Power Sales Tariff—CB, FERC Electric Take notice that on September 13, 17. Cinergy Services, Inc. Tariff Original Volume No. 6. 2000, Cinergy Services, Inc. (Cinergy) and EnerZ Corporation tendered for [Docket No. ER00–3651–000] Cinergy requests an effective date of September 5, 2000. filing Notice of Cancellation effective Take notice that on September 13, May 1, 2000 of Service Agreement No. 2000, Cinergy Services, Inc. (Cinergy), Comment date: October 4, 2000, in 191, under Cinergy Operating tendered for filing a Service Agreement accordance with Standard Paragraph E Companies, Market-Based Power Sales under Cinergy’s Resale, Assignment or at the end of this notice. Tariff—MB, FERC Electric Tariff Transfer of Transmission Rights and 21. Cinergy Services, Inc. Original Volume No. 7. Ancillary Service Rights Tariff (the Cinergy requests an effective date of Tariff) entered into between Cinergy and [Docket No. ER00–3655–000] May 1, 2000. Tennessee Power Company (TPC). This Take notice that on September 13, Comment date: October 4, 2000, in Service Agreement has been executed 2000, Cinergy Services, Inc. (Cinergy) accordance with Standard Paragraph E by both parties and is to replace the and El Paso Power Services Company, a at the end of this notice. existing unexecuted Service Agreement. predecessor Company of El Paso 25. Cinergy Services, Inc. Comment date: October 4, 2000, in Merchant Energy, L.P. tendered for accordance with Standard Paragraph E filing Notice of Cancellation effective [Docket No. ER00–3659–000] at the end of this notice. September 5, 2000, of Service Take notice that on September 13, 18. Cinergy Services, Inc. Agreement No. 184, under Cinergy 2000, Cinergy Services, Inc. (Cinergy), Operating Companies, Market-Based tendered for filing a Service Agreement [Docket No. ER00–3652–000] Power Sales Tariff—MB, FERC Electric under Cinergy’s Resale, Assignment or Take notice that on September 13, Tariff Original Volume No. 7. Transfer of Transmission Rights and 2000, Cinergy Services, Inc. (Cinergy) Cinergy requests an effective date of Ancillary Service Rights Tariff (the and Sonat Power Marketing L.P., a September 5, 2000. Tariff) entered into between Cinergy and predecessor Company of El Paso Comment date: October 4, 2000, in Morgan Stanley Capital Group Inc. Merchant Energy, L.P., tendered for accordance with Standard Paragraph E (Morgan). This Service Agreement has filing Notice of Cancellation effective at the end of this notice. been executed by both parties and is to September 5, 2000, of Service replace the existing unexecuted Service Agreements No. 126, under Cinergy 22. Cinergy Services, Inc. Agreement. Operating Companies, Market-Based [Docket No. ER00–3656–000] Comment date: October 4, 2000, in Power Sales Tariff—MB, FERC Electric accordance with Standard Paragraph E Tariff Original Volume No. 7. Take notice that on September 13, at the end of this notice. Cinergy requests an effective date of 2000, Cinergy Services, Inc. (Cinergy) September 5, 2000. and Sonat Power Marketing, Inc., a 26. Avista Corporation Comment date: October 4, 2000, in predecessor Company of El Paso [Docket No. ER00–3660–000] accordance with Standard Paragraph E Merchant Energy, L.P., tendered for Take notice that on September 13, at the end of this notice. filing Notice of Cancellation effective 2000, Avista Corporation, tendered for September 5, 2000, of Service 19. Cinergy Services, Inc. filing with the Federal Energy Agreements No. 93, under Cinergy Regulatory Commission pursuant to [Docket No. ER00–3653–000] Operating Companies, Market-Based Section 35.12 of the Commissions Take notice that on September 13, Power Sales Tariff —MB, FERC Electric regulations, 18 CFR Part 35.12, an 2000, Cinergy Services, Inc. (Cinergy) Tariff Original Volume No. 7. executed Mutual Netting Agreement to and Eastex Power Marketing, Inc., a Cinergy requests an effective date of be assigned Rate Schedule FERC No. predecessor Company of El Paso September 5, 2000. 284, Original Sheet Nos. 1–4, with PPL Merchant Energy L.P., tendered for Comment date: October 4, 2000, in Montana, LLC effective July 11, 2000. filing Notice of Cancellation effective accordance with Standard Paragraph E Notice of the filing has been served September 5, 2000, of Service at the end of this notice. upon PPL Montana, LLC.
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Comment date: October 4, 2000, in WTU seeks an effective date of June Central, approved a June 28, 2000 accordance with Standard Paragraph E 15, 2000 and, accordingly, seeks waiver effective date for the First Amended and at the end of this notice. of the Commission’s notice Restated Interchange Agreement, as requirements. amended, subject to MidAmerican 27. Consumers Energy Company Copies of the filing have been served making a compliance filing to conform [Docket No. ER00–3662–000] on Brazos and on the Public Utility MidAmerican’s previous filing in this Take notice that on September 13, Commission of Texas. matter dated June 27, 2000 to be 2000, Consumers Energy Company Comment date: October 4, 2000, in consistent with the necessary filing rate (Consumers), tendered for filing a accordance with Standard Paragraph E schedule designations as required by Service Agreement with Split Rock at the end of this notice. Order 614, FERC Stats. & Regs. ¶ 31,096 Energy L.L.C., (Customer) under (2000) and Southwest Power Pool, Inc., Consumers FERC Electric Tariff No. 9 30. Midwest Generation, LLC 92 FERC ¶ 61,109 (2000). for Market Based Sales. Consumers [Docket No. ER00–3666–000] MidAmerican has served a copy of the requested that the Agreement be Take notice that on September 13, compliance filing on the City of allowed to become effective September 2000, Midwest Generation, LLC. Geneseo, Illinois, the Iowa Utilities 13, 2000. (Midwest), tendered for filing a Second Board, the Illinois Commerce Copies of the filing were served upon Revised Service Agreement No. 1 under Commission and the South Dakota the Customer and the Michigan Public Midwest’s FERC Electric Tariff, Original Public Utilities Commission. Service Commission. Volume No. 1 (the Collins Generating Comment date: October 4, 2000, in Comment date: October 4, 2000, in Station Power Purchase Agreement accordance with Standard Paragraph E accordance with standard Paragraph E between Commonwealth Edison at the end of this notice. at the end of this notice. Company and Midwest). 33. Commonwealth Edison Company 28. Consumers Energy Company Comment date: October 4, 2000, in accordance with Standard Paragraph E [Docket No. ER00–3670–000] [Docket No. ER00–3664–000] at the end of this notice. Take notice that on September 12, Take notice that on September 13, 2000, Commonwealth Edison Company 2000, Consumers Energy Company 31. Commonwealth Edison Company (ComEd), tendered for filing an (Consumers), tendered for filing a [Docket No. ER00–3668–000] Interconnection Agreement with Reliant revised Service Agreement with the City Take notice that on September 12, Energy Aurora LP (Reliant). of St. Louis (Customer) for Network ComEd requests an effective date of 2000, Commonwealth Edison Company Integration Transmission Service September 13, 2000 and accordingly (ComEd), tendered for filing an (designated First Revised Service seeks waiver of the Commission’s notice unexecuted Interconnection Agreement Agreement No. 8 under Consumers requirements. Energy Company FERC Electric Tariff with University Park Energy, LLC Copies of the filing were served on No. 6). The Revised Service Agreement (University Park) and an executed Letter Reliant and the Illinois Commerce reflects the terms of Amendment No. 1 Agreement with University Park. Commission. to the original Service Agreement which ComEd requests an effective date of Comment date: October 4, 2000, in deals with the replacement of direct September 13, 2000 for the accordance with Standard Paragraph E assignment facilities and the resulting Interconnection Agreement and the at the end of this notice. adjustment in the Facilities Usage Fee Letter Agreement and accordingly seeks 34. Midwest Generation, LLC from $1, 859 to $4,512 per month. waiver of the Commission’s notice Consumers requests a September 1, requirements. [Docket No. ER00–3230–001] 1999 effective date. Copies of the filing were served on Take notice that on September 13, Copies of the filing were served upon University Park and on the Illinois 2000, Midwest Generation, LLC the Customer and the Michigan Public Commerce Commission. tendered for filing in compliance with Service Commission. Comment date: October 4, 2000, in Order No. 614, a revised amendment to Comment date: October 4, 2000, in accordance with Standard Paragraph E the Collins Generating Station Power accordance with Standard Paragraph E at the end of this notice. Purchase Agreement with at the end of this notice. 32. MidAmerican Energy Company Commonwealth Edison Company dated 29. West Texas Utilities Company December 15, 1999. [Docket No. ER00–3669–000] Comment date: October 4, 2000, in [Docket No. ER00–3665–000] Take notice that on September 12, accordance with Standard Paragraph E Take notice that on September 13, 2000, MidAmerican Energy Company at the end of this notice. 2000, West Texas Utilities Company (MidAmerican), 666 Grand Avenue, Des (WTU), tendered for filing the First Moines, Iowa 50309, tendered for filing Standard Paragraphs Revised Agreement for Sale and with the Commission a First Amended E. Any person desiring to be heard or Purchase of Power and Associated and Restated Interchange Agreement to protest such filing should file a Energy and Responsive Reserves (First dated February 26, 1997, modified by motion to intervene or protest with the Revised Agreement) between WTU and way of a Second Amendment to First Federal Energy Regulatory Commission, Brazos Electric Cooperative, Inc., Amended and Restated Interchange 888 First Street, NE., Washington, DC (Brazos). The First Revised Agreement is Agreement dated May 30, 2000, entered 20426, in accordance with Rules 211 being filed under WTU’s Market-Based into with the City of Geneseo, Illinois and 214 of the Commission’s Rules of Rate Tariff and replaces in its entirety pursuant to its Rate Schedule for Power Practice and Procedure (18 CFR 385.211 Service Agreement No. 25, currently on Sales, FERC Electric Tariff, Original and 385.214). All such motions or file under CSW Operating Companies Volume No. 5 (FERC [Docket No. ER96– protests should be filed on or before the FERC Electric Tariff, First Revised 719–000; amended in FERC [Docket No. comment date. Protests will be Volume No. 8. The First Revised ER00–2051–000). considered by the Commission in Agreement is designated First Revised MidAmerican requested and the determining the appropriate action to be Service Agreement No. 25. Director, Division of Tariffs and Rates— taken, but will not serve to make
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Dated: September 6, 2000. Implementation of New Research for air quality mitigation measures that Penny Carey, Studies, Monongahela National Forest may be necessary for emissions of Chemical Engineer. Land and Resource Management Plan, oxides of nitrogen (NOX), ozone [FR Doc. 00–24434 Filed 9–21–00; 8:45 am] Tucker County, WV, Due: October 23, precursors, and carbon monoxide under BILLING CODE 6560±50±P 2000, Contact: Mary Beth Adams EPA’s general conformity rule. EPA also (304) 478–2000. had concerns that the DEIS asserts that EIS No. 000327, Final EIS, SFW, MT, there is no need to secure Clean Water ENVIRONMENTAL PROTECTION WA, ID, Plum Creek Native Fish Act Section 401 water quality AGENCY Habitat Conservation Plan, Issuance of certification or waiver from the state an Incidental Take Permit for water pollution control agency, which is [ER±FRL±6611±1] Federally Protected Native Fish an important safeguard to ensure that Species, MT, ID and WA, Due: Federally-authorized projects do not Environmental Impact Statements; October 23, 2000, Contact: Ben violate State-adopted, EPA-approved Notice of Availability Harrison (503) 231–2068. Water Quality Standards or impair Responsible Agency: Office of Federal EIS No. 000328, Final EIS, BLM, NM, beneficial uses. The Final EIS should Activities, General Information, (202) Rio Puerco Resource Management address how the Corps would ensure 564–7167 or www.epa.gov/oeca/ofa. Plan Amendment, Managing Land that Water Quality Standards and Weekly receipt of Environmental and Resource for EL Malpais National beneficial uses are fully protected. Impact Statements Filed September 11, Conservation Area and Chain of ERP No. D–COE–K39060–CA Rating 2000 Through September 15, 2000 Craters Wilderness Study Area, Lies EC2, Upper Newport Bay Restoration Pursuant to 40 CFR 1506.9. South of the City of Grants, Cibola Project, To Develop a Long-Term County, NM, Due: October 23, 2000, Management Plan to Control Sediment EIS No. 000321, Final EIS, BLM, OR, Contact: Kent Hamilton (505) 761– Deposition, Orange County, CA. North Bank Habitat Management Area 8746. Summary: EPA expressed concerns (NBHMA)/Area of Critical EIS No. 000329, Final EIS, USN, GU, regarding impacts to air quality and that Environmental Concern (ACEC), Surplus Navy Property Identified in some reasonable alternatives were not Federally Endangered Columbian the Guam Land Use Plan (GLUP ’94) evaluated, including reduced dredging, White-Tailed Deer (CWTD) and for Disposal and Reuse, controlling sediment before reaching the Special Status Species Habitat Implementation, GU, Due: October 23, Bay, and beneficial re-use of dredged Enhancements to Ensure Viability 2000, Contact: Gerald Gibbons (808) material. We recommended additional Over Time, Implementation, OR, Due: 471–9338. information in the FEIS regarding other October 23, 2000, Contact: Jay Carlson Dated: September 19, 2000. reasonable project alternatives, (541) 440–4930. including disposal alternatives; baseline EIS No. 000322, Revised Draft EIS, FAA, Anne Norton Miller, Acting Director, Office of Federal Activities. assumptions and evaluation criteria; CA, Metropolitan Oakland and conformity with the State [FR Doc. 00–24451 Filed 9–21–00; 8:45 am] International Airport (MOIA), Airport Implementation Plan. Development Plan (ADP), BILLING CODE 6560±50±P ERP No. D–COE–L39056–WA Rating Reevaluation of the Forecasts and LO, Programmatic EIS—Green/ Planning Assumptions in the ADP, Duwamish River Basin Restoration Airport Layout Plan Approval, ENVIRONMENTAL PROTECTION AGENCY Program, Capitol Improvement Type Funding and COE Section 404 and 10 Program and Ecological Health, King Permits Issuance, Port of Oakland, [ER±FRL±6611±2] County, WA. Alameda County, CA, Due: October Summary: EPA had no objection to 30, 2000, Contact: Joseph R. Environmental Impact Statements and the proposed project. EPA did however Rodriguez (650) 876–2805. Regulations; Availability of EPA provide comments on the cumulative EIS No. 000323, Final EIS, CGD, IL, MI, Comments effects analysis, the need for more OH, NY, IN, MN, WI, PA, Great Lakes Availability of EPA comments information on funding mechanisms Icebreaking Operation, prepared pursuant to the Environmental and some concerns over the level of Implementation, Ninth District, IL, IN, Review Process (ERP), under section public access allowed to restoration MI, MN, OH, WI, NY and PA, Due: 309 of the Clean Air Act and section sites, especially sensitive wetlands. October 23, 2000, Contact: Gary 102(2)(c) of the National Environmental ERP No. D–FHW–G40158–TX Rating Nelson (216) 902–6258. Policy Act as amended. Requests for EO2, Grand Parkway (TX–99) Segment EIS No. 000324, Final EIS, SFW, CA, copies of EPA comments can be directed C, Construction from US 59 to TX 288, San Dieguito Wetland Restoration to the Office of Federal Activities at Funding and Right-of-Way Project, Implementation, (202) 564–7167. An explanation of the Requirements, City of Houston, Fort Comprehensive Restoration Plan, COE ratings assigned to draft environmental Bend and Brazoria Counties, TX. Section 404 Permit, Cities of Del Mar impact statements (EISs) was published Summary: EPA expressed objection and San Diego, San Diego County, CA, in FR dated April 14, 2000 (65 FR due to the project’s potential Due: October 23, 2000, Contact: Jack 20157). contribution to air quality issues in Fancher (760) 431–9440. Houston. The project is likely to create EIS No. 000325, Draft EIS, AFS, OK, Draft EISs significant secondary development that Quachita National Forest, An ERP No. D–OE–K36133–CA Rating may delay the attainment of the ozone Amendment to the Land and Resource EC2, Whitewater River Basin (Thousand air quality standard. EPA requested that Management Plan, Implementation, Palms) Flood Control Project, the final document address the overall Glover River, McCurtain County, OK, Construction of Facilities to Provide impact of the project and how the Due: December 29, 2000, Contact: Flood Protection, Coachella Valley, project affects attainment and meets the Elizabeth Estill (404) 347–4178. Riverside County, CA. intent of the Clean Air Act. EIS No. 000326, Final EIS, AFS, WV, Summary: EPA expressed concerns ERP No. D–SFW–F64004–OH Rating Fernow Experimental Forest, that the DEIS did not address the need LO, Little Darby National Wildlife
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Refuge Establishment in the Little Darby Transportation Improvements, Funding, ENVIRONMENTAL PROTECTION Creek Watershed for Restoration, Major Investment Study, Cities of AGENCY Preservation, Enhancement and Howell and Brighton, Livington County, [OPPTS±00297; FRL±6744±3] Protection of Fish and Wildlife MI. Resources, Madison and Union Summary: EPA continued to express National Advisory Committee for Acute Counties, OH. concern regarding potential indirect and Exposure Guideline Levels for Summary: EPA has no objection to the cumulative impacts to wetlands. Hazardous Substances; Notice of proposed action. EPA believes that the Public Meeting proposed action has the potential to ERP No. F–FHW–G40153–NM New restore, preserve, enhance and protect Mexico Forest Highway 45 (Forest Road AGENCY: Environmental Protection the biodiversity of the upper Little 537) known locally as the Sacramento Agency (EPA). Darby Creek Watershed. River Road, Improvements from ACTION: Notice. ERP No. DR–COE–K36051–AZ Rating Sunspot to Timberon, Otero County, EC2, Rio de Flag Flood Control Study, NM. SUMMARY: A meeting of the National Improvement and Flood Protection, To Advisory Committee for Acute Exposure Summary: EPA had no objections to Guideline Levels for Hazardous Reduce Damages to Residential the proposed action as described in the Commercial, Industrial and Historic Substances (NAC/AEGL Committee) draft EIS. Property, City of Flagstaff, Coconino will be held on October 23–25, 2000, in County, AZ. ERP No. F–FHW–H40164–MO MO– Washington, DC. At this meeting, the Summary: EPA reiterated concerns 50/West-Central Corridor Location NAC/AEGL Committee will address, as expressed on the previous Draft EIS that Study, Transportation Improvements, time permits, the various aspects of the the preferred alternative does not Sedalia to St. Martins, Pettis, Cooper, acute toxicity and the development of sufficiently address the extent or Morgan and Moniteau and Cole Acute Exposure Guideline Levels boundaries of Clean Water Act Section Counties, MO. (AEGLs) for the following chemicals: 404 jurisdiction (i.e., waters of the Agents GA, GB, GD, GF, VX; Allyl Summary: The FEIS adequately alcohol; Boron trichloride; United States). EPA also strongly supplemented needed information and recommended that the Los Angeles Chloromethyl methyl ether; Diborane; addressed the concerns that EPA Furan; Hydrogen sulfide; District re-evaluate how determinations expressed in the DEIS review. of compliance with the Section Perchloromethyl mercaptan; Phosphine; 404(b)(1) Guidelines are documented for ERP No. F–FRC–K03023–00 Southern Propylene oxide; Tetrachloroethylene; its proposed water resource Trails Pipeline Project (CP99–163–000), Tetranitromethane; and Uranium development projects. Conversion of an Existing Crude Oil hexafluoride. Pipeline (known as the ARCO Four DATES: Final EISs A meeting of the NAC/AEGL Corners Pipeline Line 90 System), Committee will be held from 10 a.m. to ERP No. F–COE–F39039–00 John T. Construction and Operation, CA, AZ, 5:30 p.m. on October 23; from 8:30 a.m. Myers and Greenup Lock UT and NM. to 5:30 p.m. on October 24, 2000; and Improvements, To Alleviate Commercial Summary: No formal comment letter from 8:30 a.m. to 12:30 p.m. on October Navigation Traffic Congestion, Ohio was sent to the preparing agency. 25, 2000. River Mainstem Systems Study, ADDRESSES: The meeting will be held at (ORMSS), Interim Feasibility Report, ERP No. F–TVA–E39052–MS Union County Multipurpose Reservoir/Other the U. S. Department of Transportation, Indiana, Kentucky and Ohio. DOT Headquarters, Nassif Bldg., Rooms Water Supply Alternatives Project, To Summary: EPA continued to express 6332–6336, 400 7th St., SW., Provide an Adequate and Reliable Water objections with regard to how the Washington, DC (L’Enfant Center Metro Supply, COE Section 404 Permit and project’s purpose and need statement stop). Visitors should bring a photo ID was formulated and how the cumulative NPDES Permit, City of New Alban, for entry into the building and should impact analysis was performed. Union County, MS. contact the Designated Federal Officer ERP No. F–DOE–L00007–00 Sodium- Summary: EPA continues to object to (DFO) to have their names added to a Bonded Spent Nuclear Fuel Treatment the proposed action since it is likely security entry list. Visitors must enter and Management, Candidate Disposal that the multipurpose reservoir would the building at the Southwest Entrance/ Sites are Argonne National Laboratory- result in lake eutrophication. EPA Visitor’s Entrance, 7th and E Sts. West (ANL–W) located within the objected to lack of resolution of several Quadrant. boundaries of the Idaho National essential elements to maintaining Laboratory, ID and the Savannah River FOR FURTHER INFORMATION CONTACT: For reservoir water quality (e.g., basin Sites (SRS) F–Area and L–Area, SC. general information contact: Barbara Summary: No formal comment letter management plan, shoreline ownership, Cunningham, Director, Office of was sent to the preparing agency. identification of a local reservoir Program Management and Evaluation, ERP No. F–FAA–G51015–TX George manager). EPA also objected that Office of Pollution Prevention and Bush Intercontinental Airport Houston, discharge flows from the dam were not Toxics (7401), Environmental Protection Construction and Operation, Runway sufficiently assessed and not consistent Agency, 1200 Pennsylvania Ave., NW., 8L–26R and Associated Near Term with EPA/FWS instream flow Washington, DC 20460; telephone Master Plan Projects, Funding and guidelines, and that TVA has not number: (202) 554–1404; e-mail address: Airport Layout Plan Approval, City of selected a federal preferred alternative [email protected]. Houston, Harris County, TX. in the FEIS for the overall project. For technical information contact: Summary: The final EIS fully Dated: September 19, 2000. Paul S. Tobin, DFO, Office of responded to EPA’s previous comments Prevention, Pesticides and Toxic Anne Norton Miller, on the draft EIS. Therefore, EPA has no Substances (7406), 1200 Pennsylvania objection to the action as proposed. Acting Director, Office of Federal Activities. Ave., NW., Washington, DC 20460; ERP No. F–FHW–F40377–MI I–96 East [FR Doc. 00–24452 Filed 9–21–00; 8:45 am] telephone number: (202) 260–1736; e- Howell Interchange Project, BILLING CODE 6560±50±P mail address: [email protected].
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SUPPLEMENTARY INFORMATION: The Center is open from noon to 4 p.m., pesticide chemicals in or on various Monday through Friday, excluding legal food commodities. I. General Information holidays. The telephone number of the DATES: Comments, identified by docket A. Does this Action Apply to Me? Center is (202) 260–7099. control number PF–961, must be This action is directed to the public II. Meeting Procedures received on or before October 23, 2000. in general. This action may be of For additional information on the ADDRESSES: Comments may be particular interest to anyone who may scheduled meeting, the agenda of the submitted by mail, electronically, or in be affected if the AEGL values are NAC/AEGL Committee, or the person. Please follow the detailed adopted by government agencies for submission of information on chemicals instructions for each method as emergency planning, prevention, or to be discussed at the meeting, contact provided in Unit I.C. of the response programs, such as EPA’s Risk the DFO listed under FOR FURTHER SUPPLEMENTARY INFORMATION. To ensure Management Program under the Clean INFORMATION CONTACT. proper receipt by EPA, it is imperative Air Act and Amendments Section 112r. The meeting of the NAC/AEGL that you identify docket control number It is possible that other Federal agencies Committee will be open to the public. PF–961 in the subject line on the first besides EPA, as well as State agencies Oral presentations or statements by page of your response. and private organizations, may adopt interested parties will be limited to 10 FOR FURTHER INFORMATION CONTACT: By the AEGL values for their programs. As minutes. Interested parties are mail: Mary L. Waller, Registration such, the Agency has not attempted to encouraged to contact the DFO to Division (7505C), Office of Pesticide describe all the specific entities that schedule presentations before the NAC/ Programs, Environmental Protection may be affected by this action. If you AEGL Committee. Since seating for Agency, 1200 Pennsylvania Ave., NW., have any questions regarding the outside observers may be limited, those Washington, DC 20460; telephone applicability of this action to a wishing to attend the meeting as number: (703) 308–9354; e-mail address: particular entity, consult the DFO listed observers are also encouraged to contact [email protected]. under FOR FURTHER INFORMATION the DFO at the earliest possible date to SUPPLEMENTARY INFORMATION: CONTACT. ensure adequate seating arrangements. B. How Can I Get Additional Inquiries regarding oral presentations I. General Information Information, Including Copies of this and the submission of written A. Does this Action Apply to Me? Document or Other Related Documents? statements or chemical specific information should be directed to the You may be affected by this action if 1. Electronically. You may obtain DFO. you are an agricultural producer, food electronic copies of this document, and manufacturer or pesticide manufacturer. certain other related documents that III. Future Meetings Potentially affected categories and might be available electronically, from Another meeting of the NAC/AEGL entities may include, but are not limited the EPA Internet Home Page at http:// Committee is tentatively scheduled for to: www.epa.gov/. To access this December 2000. The exact date, location document, on the Home Page select of this meeting, and chemicals to be ‘‘Laws and Regulations,’’ ‘‘Regulations discussed will be published in a future and Proposed Rules,’’ and then look up Federal Register notice. NAICS Examples of poten- the entry for this document under the Categories codes tially affected enti- ‘‘Federal Register—Environmental List of Subjects ties Documents.’’ You can also go directly to Environmental protection, Chemicals, Industry 111 Crop production the Federal Register listings at http:// Hazardous substances, Health. 112 Animal production www.epa.gov/fedrgstr/. 311 Food manufacturing 2. In person. The Agency has Dated: September 15, 2000. 32532 Pesticide manufac- established an official record for this turing action under docket control number William H. Sanders III, OPPTS–00297. The official record Director, Office of Pollution Prevention and This listing is not intended to be consists of the documents specifically Toxics. exhaustive, but rather provides a guide referenced in this action, any public for readers regarding entities likely to be [FR Doc. 00–24439 Filed 9–21–00; 8:45 am] comments received during an applicable affected by this action. Other types of comment period, and other information BILLING CODE 6560±50±S entities not listed in the table could also related to this action, including any be affected. The North American information claimed as Confidential ENVIRONMENTAL PROTECTION Industrial Classification System Business Information (CBI). This official AGENCY (NAICS) codes have been provided to record includes the documents that are assist you and others in determining physically located in the docket, as well [PF±961; FRL±6737±8] whether or not this action might apply as the documents that are referenced in to certain entities. If you have questions those documents. The public version of Notice of Filing Pesticide Petitions to regarding the applicability of this action the official record does not include any Establish Tolerances for Certain to a particular entity, consult the person information claimed as CBI. The public Pesticide Chemicals in or on Food listed under FOR FURTHER INFORMATION version of the official record, which AGENCY: Environmental Protection CONTACT. includes printed, paper versions of any Agency (EPA). B. How Can I Get Additional electronic comments submitted during ACTION: Notice. Information, Including Copies of this an applicable comment period, is Document and Other Related available for inspection in the TSCA SUMMARY: This notice announces the Documents? Nonconfidential Information Center, initial filing of pesticide petitions North East Mall Rm. B–607, Waterside proposing the establishment of 1. Electronically. You may obtain Mall, 401 M St., SW., Washington, DC. regulations for residues of certain electronic copies of this document, and
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VerDate 11 VerDate 11 VerDate 11 VerDate 11 VerDate 11 VerDate 11 VerDate 11 I. 35 PREMANUFACTURE NOTICES RECEIVED FROM: 08/14/00 TO 08/25/00 Projected Case No. Received Notice Manufacturer/Importer Use Chemical Date End Date P±00±1114 08/15/00 11/13/00 Cognis Corporation (G) Synthetic lubricant (S) 1,3-propanediol, 2,2-dimethyl-, di- C5±9 carboxylates* P±00±1115 08/14/00 11/12/00 CBI (G) Open, non-dispersive use. (G) Acrylic dispersant polymer P±00±1116 08/15/00 11/13/00 Ashland Inc. (G) Closed compression molding op- (G) Unsaturated polyester erations. P±00±1117 08/15/00 11/13/00 Bedoukian Research, (S) Chemical intermediate for flavor/ (G) Alkenyl keto acid Inc. fragrance product (ffdca); chemical intermediate for fragrances used in soaps, detergents, air fresheners, scented papers, etc. P±00±1118 08/15/00 11/13/00 Bedoukian Research, (S) Chemical intermediate for flavor/ (G) Alkenyl hydroxy acid Inc. fragrance product (ffdca); chemical intermediate for fragrances used in soaps, detergetns, air freshners, scented papers, etc. P±00±1119 08/16/00 11/14/00 CBI (G) Resin coating (G) Polyester resin P±00±1120 08/16/00 11/14/00 CBI (G) Resin coating (G) Polyester resin P±00±1121 08/17/00 11/15/00 DMC2-Degussa Met- (G) Pigment (G) Mixed metal oxide als Catalyst Cerdec, Cerdic Division P±00±1122 08/17/00 11/15/00 DMC2-Degussa Met- (G) Pigment (G) Mixed metal oxide als Catalyst Cerdec, Cerdic Division P±00±1123 08/17/00 11/15/00 DMC2-Degussa Met- (G) Pigment (G) Mixed metal oxide als Catalyst Cerdec, Cerdic Division P±00±1124 08/17/00 11/15/00 DMC2-Degussa Met- (G) Pigment (G) Mixed metal oxide als Catalyst Cerdec, Cerdic Division P±00±1125 08/17/00 11/15/00 DMC2-Degussa Met- (G) Pigment (G) Mixed metal oxide als Catalyst Cerdec, Cerdic Division P±00±1126 08/17/00 11/15/00 DmMC2-Degussa Met- (G) Pigment (G) Mixed metal oxide als Catalyst Cerdec, Cerdic Division P±00±1127 08/17/00 11/15/00 CBI (S) Dye for coloring hair (S) 1 h-imidazolium,2-[(4- aminophenyl)azo]-1,3-dimethyl-, chloride* P±00±1128 08/18/00 11/16/00 Laporte Speciality Inc (G) Acryalte monomer, intermediate (G) Acrylate ester of polyethylene gly- for polymer production (destructive col use) P±00±1129 08/21/00 11/19/00 International Flavors (S) Raw materials for use in fra- (S) 4,7-methano-1h-inden-6-ol, and Fragrances, Inc. grances for soaps, detergents, 3a,4,5,6,7,7a-hexahydro-, cleaners and other household prod- butanoate* ucts P±00±1130 08/18/00 11/16/00 Bedoukian Research, (S) Chemical intermediate for flavor/ (G) Acetylenic alcohol Inc. fragrance product (ffdca) P±00±1131 08/18/00 11/16/00 Bedoukian Research, (S) Chemical intermediate for flavor/ (G) Alkynyl acetate Inc. fragrance product (ffdca).;chemical intermediate for fragrances used in soaps, detergents, air freshners, scented papers, etc. P±00±1132 08/21/00 11/19/00 Degussa-Huls Cor- (S) Anti-graffiti-systems (G) Fluoro/amino silane mixture poration P±00±1133 08/21/00 11/19/00 Solutia Inc. (G) Co-curing resin, chemical identity (G) Carboxy modified polyester changed in use P±00±1134 08/22/00 11/20/00 CBI (G) Urethane prepolymer (G) Urethane prepolymer P±00±1135 08/21/00 11/19/00 Rohm America Inc. (G) Binding agent in polymerizable (G) Acrylic polymer on the basis of n- systems hexyl methacyrlate P±00±1136 08/23/00 11/21/00 CBI (G) Dispersant (G) Substituted alkenyl succinic anhy- dride reaction product with polyalkylenepolyamine, alkylphenol, hydroxyalkylcarboxylic acid and an aldehyde P±00±1137 08/23/00 11/21/00 Solutia Inc. (S) Binder for industrial coat- (G) Polyurethane dispersion ings;binder for printing inks P±00±1138 08/24/00 11/22/00 Burlington Chemical (S) Lubricant additive for metal;textile (S) Castor oil, dihydrogen phosphate, Co., Inc. lubricant;process lubricant monopotassium salt* VerDate 11 I. 35 PREMANUFACTURE NOTICES RECEIVED FROM: 08/14/00 TO 08/25/00ÐContinued Projected Case No. Received Notice Manufacturer/Importer Use Chemical Date End Date P±00±1139 08/25/00 11/23/00 CBI (S) Lubricant for both offshore and (S) Hexanoic acid, 3,5,5-trimethyl-, onshore oil production sites compd. with 1,1′,1′′-nitrilotris[2-pro- panol] (1:1)* P±00±1140 08/25/00 11/23/00 CBI (S) Lubricant for both offshore and (S) Hexanoic acid, 3,5,5-trimethyl-, onshore oil production sites compd. with 1,1′-iminobis[2-pro- panol] (1:1)* P±00±1141 08/25/00 11/23/00 CBI (S) Lubricant for both offshore and (S) Hexanoic acid, 3,5,5-trimethyl-, onshore oil production sites compd. with 1-amino-2-propanol (1:1)* P±00±1142 08/22/00 11/20/00 CBI (G) Polymer additive and coatings (G) Aliphatic methacrylate urethane oligomer P±00±1143 08/24/00 11/22/00 CBI (G) Resin coating (G) Polyester acrylate P±00±1144 08/24/00 11/22/00 Bedoukian Research, (S) Chemical intermediate for flavor/ (G) Unsaturated alkyl acid Inc. fragrance product (ffdca);chemical intermediate for fragrances used in soaps, detergents, air fresheners, scented papers, etc. P±00±1145 08/24/00 11/22/00 Bedoukian Research, (S) Used in cheese, butter, fruit fla- (S) Hexanoic acid, 5-methyl-* Inc. vors;other uses: soaps, detergents, air fresheners P±00±1146 08/24/00 11/22/00 Degussa-Huls Cor- (S) Surface modifier for inorganic (S) Silsesquioxanes, 3-aminopropyl poration fillers and pigments vinyl, hydroxy-terminated, formates (salts)* P±00±1147 08/25/00 11/23/00 Kalamazoo Paper (S) An optical brightner quenching (S) 1,4-benzenedicarboxylic acid, Chemicals agent for recycled papers and polymer with n-(2-aminoethyl)-1,2- cellulosics ethanediamine, sulphate* P±00±1148 08/25/00 11/23/00 CBI (G) Industrial coating additive (G) Castor oil modified alkyd resin P±00±1149 08/25/00 11/23/00 The Dow Chemical (S) Air pollution control media (S) Benzene, diethenyl-, polymer with Company ethenylbenzene and ethenylethylbenzene, chloromethylated, cyclized, reaction products with ethylbenzene* In table II, EPA provides the following information (to the extent that such information is not claimed as CBI) on the TMEs received: II. 1 TEST MARKETING EXEMPTION NOTICE RECEIVED FROM: 08/14/00 TO 08/25/00 Projected Case No. Received Notice Manufacturer/Importer Use Chemical Date End Date T±00±0005 08/25/00 10/09/00 CBI (G) Demulsifies (emulsion breaker) (G) Polyethyleneimine propoxylate for water-in-oil emulsions quat. In table III, EPA provides the following information (to the extent that such information is not claimed as CBI) on the Notices of Commencement to manufacture received: III. 58 NOTICES OF COMMENCEMENT FROM: 08/14/00 TO 08/25/00 Commencement/ Case No. Received Date Import Date Chemical P±00±0058 08/22/00 08/08/00 (G) Polyester acrylate P±00±0299 08/21/00 07/25/00 (G) 1,5-naphthalenedisulfonic acid, 3-[[2-(acetylamino)-4-[[4-chloro-6-[sub- stituted]-1,3,5-triazin-2-yl]amino]phenyl]azo]-, trisodium salt P±00±0366 08/16/00 07/12/00 (G) Alloy of polyolefin and polyamide P±00±0367 08/16/00 07/12/00 (G) Alloy of polyolefin and polyamide P±00±0423 08/15/00 07/26/00 (G) Dinonylnaphthalenesulfonic acid compound with amine P±00±0424 08/22/00 08/09/00 (G) Dinonylnaphthalenesulfonic acid compound with amine P±00±0472 08/18/00 06/29/00 (G) Halogenated alkane P±00±0546 08/24/00 07/31/00 (G) Alkyloxy-hydroxypropyl, trialkylamine, ammonium chloride P±00±0547 08/24/00 07/31/00 (G) Alkyloxy-hydroxypropyl, dialkylamine P±00±0549 08/21/00 08/16/00 (G) Polyurethane acrylate ester VerDate 11 III. 58 NOTICES OF COMMENCEMENT FROM: 08/14/00 TO 08/25/00ÐContinued Commencement/ Case No. Received Date Import Date Chemical P±00±0591 08/21/00 07/26/00 (G) Organometallic compound P±00±0593 08/14/00 07/19/00 (S) Pentadecanedioic acid* P±00±0594 08/14/00 07/19/00 (S) Heptadecanedioic acid* P±00±0595 08/14/00 07/19/00 (S) Octadecanedioic acid* P±00±0596 08/14/00 07/19/00 (S) Eicosanedioic acid* P±00±0597 08/14/00 07/19/00 (S) 5-tetradecenedioic acid, (5z)-* P±00±0598 08/14/00 07/19/00 (S) 7-hexadecenedioic acid, (7z)-* P±00±0599 08/14/00 07/19/00 (S) 8-heptadecenedioic acid, (8z)-* P±00±0600 08/14/00 07/19/00 (S) 9-octadecenedioic acid, (9z)-* P±00±0601 08/14/00 07/19/00 (S) 6,9-octadecadienedioic acid, (6z,9z)-* P±00±0602 08/14/00 07/19/00 (S) 9-eicosenedioic acid, (9z)-* P±00±0613 08/18/00 08/01/00 (S) 1,2,3-propanetriol, homopolymer, isooctadecanoate P±00±0741 08/25/00 08/17/00 (G) 2-hydroxy-3-alkyl substituted cycloalkenone P±00±0752 08/23/00 08/16/00 (G) Polyoxyethylene alkyl ether sulfosuccinate metal salts P±00±0767 08/17/00 08/04/00 (G) Modified carbamate acrylic polymer P±96±1087 08/15/00 08/01/00 (G) Organo silane ester P±98±0849 08/14/00 08/07/00 (G) Ppdi polyester-polyether prepolymer P±99±0150 08/14/00 07/21/00 (G) Capped polyurethane adduct P±99±0151 08/14/00 07/25/00 (G) Capped polyurethane adduct P±99±0158 08/14/00 08/02/00 (G) Epoxy resin polymer adduct P±99±0316 08/25/00 07/31/00 (G) Aminomethylated bisphenol a-bisphenol a epichlorohydrin polymer, phos- phoric acid salt P±99±0338 08/18/00 07/19/00 (G) Substituted aliphatic alcohol P±99±0344 08/18/00 07/19/00 (G) Substituted aliphatic alcohol P±99±0374 08/14/00 08/09/00 (G) Alken-yne substituted pyran P±99±1045 08/14/00 08/08/00 (S) Castor oil, benzoate* P±99±1189 08/17/00 08/13/00 (G) Isoalkyl methacrylate ester P±99±1217 08/18/00 08/06/00 (G) Amine neutralized phosphated polyester P±99±1218 08/18/00 08/06/00 (G) Amine neutralized phosphated polyester List of Subjects 5(d)(3) of TSCA, EPA is required to number: (202) 554–1404; e-mail address: Environmental protection, Chemicals, publish a notice of receipt of a [email protected]. Premanufacturer notices. premanufacture notice (PMN) or an SUPPLEMENTARY INFORMATION: application for a test marketing I. General Information Dated: September 7, 2000. exemption (TME), and to publish periodic status reports on the chemicals A. Does this Action Apply to Me? Deborah A. Williams, under review and the receipt of notices This action is directed to the public of commencement to manufacture those in general. As such, the Agency has not Acting Director, Information Management chemicals. This status report, which attempted to describe the specific Division, Office of Pollution Prevention and covers the period from July 24, 2000 to Toxics. entities that this action may apply to. August 11, 2000, consists of the PMNs, Although others may be affected, this [FR Doc. 00–24435 Filed 9–21–00; 8:45 am] both pending or expired, and the notices action applies directly to the submitter BILLING CODE 6560±50±S of commencement to manufacture a new of the premanufacture notices addressed chemical that the Agency has received in the action. If you have any questions under TSCA section 5 during this time regarding the applicability of this action ENVIRONMENTAL PROTECTION period. to a particular entity, consult the person AGENCY ADDRESSES: Comments may be listed under FOR FURTHER INFORMATION CONTACT. [OPPTS±51951; FRL±6743±1] submitted by mail, electronically, or in person. Please follow the detailed B. How Can I Get Additional Certain New Chemicals; Receipt and instructions for each method as Information, Including Copies of this Status Information provided in Unit I. of the Document and Other Related SUPPLEMENTARY INFORMATION. To ensure AGENCY: Documents? Environmental Protection proper receipt by EPA, it is imperative 1. Electronically. You may obtain Agency (EPA). that you identify docket control number copies of this document and certain ACTION: Notice. OPPTS–51951 and the specific PMN other available documents from the EPA number in the subject line on the first SUMMARY: Section 5 of the Toxic Internet Home Page at http:// page of your response. Substances Control Act (TSCA) requires www.epa.gov/. On the Home Page select any person who intends to manufacture FOR FURTHER INFORMATION CONTACT: ‘‘Laws and Regulations,’’ ‘‘Regulations (defined by statute to include import) a Barbara Cunningham, Director, Office of and Proposed Rules,’’ and then look up new chemical (i.e., a chemical not on Program Management and Evaluation, the entry for this document under the the TSCA Inventory) to notify EPA and Office of Pollution Prevention and ‘‘Federal Register—Environmental comply with the statutory provisions Toxics (7401), Environmental Protection Documents.’’ You can also go directly to pertaining to the manufacture of new Agency, 1200 Pennsylvania Ave., NW., the Federal Register listings at http:// chemicals. Under sections 5(d)(2) and Washington, DC 20460; telephone www.epa.gov/fedrgstr/. VerDate 11 2. In person. The Agency has information electronically that you 7. Make sure to submit your established an official record for this consider to be CBI. Electronic comments comments by the deadline in this action under docket control number must be submitted as an ASCII file document. OPPTS–51951. The official record avoiding the use of special characters 8. To ensure proper receipt by EPA, consists of the documents specifically and any form of encryption. Comments be sure to identify the docket control referenced in this action, any public and data will also be accepted on number assigned to this action in the comments received during an applicable standard disks in WordPerfect 6.1/8.0 or subject line on the first page of your comment period, and other information ASCII file format. All comments in response. You may also provide the related to this action, including any electronic form must be identified by name, date, and Federal Register information claimed as confidential docket control number OPPTS–51951 citation. business information (CBI). This official and the specific PMN number. record includes the documents that are Electronic comments may also be filed II. Why is EPA Taking this Action? physically located in the docket, as well online at many Federal Depository Libraries. Section 5 of TSCA requires any as the documents that are referenced in person who intends to manufacture those documents. The public version of D. How Should I Handle CBI that I Want (defined by statute to include import) a the official record does not include any to Submit to the Agency? new chemical (i.e., a chemical not on information claimed as CBI. The public the TSCA Inventory to notify EPA and version of the official record, which Do not submit any information electronically that you consider to be comply with the statutory provisions includes printed, paper versions of any pertaining to the manufacture of new electronic comments submitted during CBI. You may claim information that you submit to EPA in response to this chemicals. Under sections 5(d)(2) and an applicable comment period, is 5(d)(3) of TSCA, EPA is required to available for inspection in the TSCA document as CBI by marking any part or all of that information as CBI. publish a notice of receipt of a PMN or Nonconfidential Information Center, an application for a TME and to publish North East Mall Rm. B–607, Waterside Information so marked will not be disclosed except in accordance with periodic status reports on the chemicals Mall, 401 M St., SW., Washington, DC. under review and the receipt of notices The Center is open from noon to 4 p.m., procedures set forth in 40 CFR part 2. In addition to one complete version of of commencement to manufacture those Monday through Friday, excluding legal chemicals. This status report, which holidays. The telephone number of the the comment that includes any information claimed as CBI, a copy of covers the period from July 24, 2000 to Center is (202) 260–7099. the comment that does not contain the August 11, 2000, consists of the PMNs C. How and to Whom Do I Submit information claimed as CBI must be pending or expired, and the notices of Comments? submitted for inclusion in the public commencement to manufacture a new chemical that the Agency has received You may submit comments through version of the official record. under TSCA section 5 during this time the mail, in person, or electronically. To Information not marked confidential period. ensure proper receipt by EPA, it is will be included in the public version imperative that you identify docket of the official record without prior III. Receipt and Status Report for PMNs control number OPPTS–51951 and the notice. If you have any questions about specific PMN number in the subject line CBI or the procedures for claiming CBI, This status report identifies the on the first page of your response. please consult the person listed under PMNs, both pending or expired, and the 1. By mail. Submit your comments to: FOR FURTHER INFORMATION CONTACT. notices of commencement to Document Control Office (7407), Office E. What Should I Consider as I Prepare manufacture a new chemical that the of Pollution Prevention and Toxics My Comments for EPA? Agency has received under TSCA (OPPT), Environmental Protection section 5 during this time period. If you You may find the following Agency, 1200 Pennsylvania Ave., NW., are interested in information that is not suggestions helpful for preparing your Washington, DC 20460. included in the following tables, you comments: may contact EPA as described in Unit II. 2. In person or by courier. Deliver 1. Explain your views as clearly as your comments to: OPPT Document to access additional non-CBI possible. information that may be available. Control Office (DCO) in East Tower Rm. 2. Describe any assumptions that you G–099, Waterside Mall, 401 M St., SW., used. In table I, EPA provides the following Washington, DC. The DCO is open from 3. Provide copies of any technical information (to the extent that such 8 a.m. to 4 p.m., Monday through information and/or data you used that information is not claimed as CBI) on Friday, excluding legal holidays. The support your views. the PMNs received by EPA during this telephone number for the DCO is (202) 4. If you estimate potential burden or period: the EPA case number assigned 260–7093. costs, explain how you arrived at the to the PMN; the date the PMN was 3. Electronically. You may submit estimate that you provide. received by EPA; the projected end date your comments electronically by e-mail 5. Provide specific examples to for EPA’s review of the PMN; the to: ‘‘[email protected],’’ or mail your illustrate your concerns. submitting manufacturer; the potential computer disk to the address identified 6. Offer alternative ways to improve uses identified by the manufacturer in in this unit. Do not submit any the notice or collection activity. the PMN; and the chemical identity. I. 61 PREMANUFACTURE NOTICES RECEIVED FROM: 07/24/00 TO 08/11/00 Projected Case No. Received Notice Manufacturer/Importer Use Chemical Date End Date P±00±1053 07/25/00 10/23/00 CBI (S) Paper (G) Naphthalene sulfonic acid deriva- tive VerDate 11 I. 61 PREMANUFACTURE NOTICES RECEIVED FROM: 07/24/00 TO 08/11/00ÐContinued Projected Case No. Received Notice Manufacturer/Importer Use Chemical Date End Date P±00±1054 07/25/00 10/23/00 Bedoukian Research, (S) Chemical intermediate-pharma- (S) 3-butn-1-ol Inc. ceutical products.; chemical intermediae for flavor/fragrance products (ffdca); chemical inter- mediate for non-cosmetic applica- tions: soaps, detergents, air-fresh- eners, scented paper, etc.* P±00±1055 07/24/00 10/22/00 Bic USA Inc. (G) A colorant for ink (G) Sulfonated-copper phthalocyanine salt of a triarylmethane dye P±00±1056 07/25/00 10/23/00 CBI (G) Open, non-dispersive use (G) Polyester resin P±00±1057 07/27/00 10/25/00 CBI (S) Paper dye (G) Azo dye, copper complex P±00±1058 07/27/00 10/25/00 CBI (S) Component of wire enamels used (G) Aromatic dicarboxylic acid poly- in electrical industry mer with 1,3-dihydro-1,3-dioxo-5- isobenzofuran-carboxylic acid and 1,1′-methylenebis[4- isocyanatobenzene] P±00±1059 07/27/00 10/25/00 3M Company (S) Adhesion promoter (G) Alkylstyryl polyurea resin P±00±1060 07/27/00 10/25/00 CBI (G) Coating additive for open, non- (G) Magnesium salt of phosphate dispersive use ester P±00±1061 07/27/00 10/25/00 E.I. Du pont De Ne- (G) Elastomeric parts (G) Modified ethylene/methyl acrylate mours & Company, copolymer Inc. (dupont) P±00±1062 07/27/00 10/25/00 Vantico Inc. (S) Cure agent for epoxy floor coat- (G) 4,4′-(1- ing; cure agent for epoxy tank lin- methylethylidene)bisphenol, poly- ings; cure agent for maintenance mer with (chloromethyl)oxirane and coatings a diamine P±00±1063 07/31/00 10/29/00 International Flavors (S) Raw material for use in fra- (S) Benzenepropanal, 4-(1- and Fragrances, Inc. grances for soaps, detergents, methylethyl)-* cleaners and other household prod- ucts P±00±1064 07/31/00 10/29/00 Orient Corporation of (S) Charge stabilizer for lectro-photo (S) Ferrate(1-), bis[3,5-bis(1,1- America copy toner dimethylethyl)-2-(hydroxy- .kappa.o)benzoato(2-)-.kappa.o]-, hydrogen* P±00±1065 07/31/00 10/29/00 CBI (G) Intermediate (S) Methanesulfonamide,1,1,1,- trifluoro-n-[(trifluoromethyl)sulfonyl]- * P±00±1066 07/31/00 10/29/00 CBI (G) Destructive use (G) Methacrylic acid copolymer P±00±1067 07/28/00 10/26/00 CBI (G) Oil lubricity modifier (G) Linear alkyl polyhydroxypolyester P±00±1068 07/31/00 10/29/00 Mitsui Chemicals (G) Encapsulating or impregnation (S) Oxirane, 2,2′-[[1- [4-[1-methyl-1- America, Inc. [4- (oxiranylmethox- y)phenyl]ethyl]phenyl] ethyl- idene]bis(4,1- phenyleneoxymethylene)]bis-* P±00±1069 07/31/00 10/29/00 Mitsui Chemicals (G) Encapsulating or impregnation (S) 2-propanol, 1,3-bis[4-[1- [4-[1- America, Inc. methyl-1-[4- (oxiranylmethoxy)phenyl] ethyl]phenyl]-1-[4-(oxiranylmethoxy) phenyl]ethyl]phenoxy]-* P±00±1070 07/31/00 10/29/00 CBI (G) Additive to security inks disper- (G) Phosphomolybdo tungstic acid sive use. complex of a quaternary amine. P±00±1071 08/01/00 10/30/00 Atofina Chemicals, (S) Paper sizing agent for high end (S) 2,5-furandione, telomer with Inc. inkjet paper ethenylbenzene and (1- methylethyl)benzene, 3- (dimethylamino)propyl imide, acetates* P±00±1072 08/01/00 10/30/00 Atofina Chemicals, (S) Paper sizing agent for high end (S) 2,5-furandione, telomer with Inc. inkjet paper ethenylbenzene and (1- methylethyl)benzene, 3- (dimethylamino)propyl imide, sulfates* P±00±1073 08/01/00 10/30/00 Atofina Chemicals, (S) Paper sizing agent for high end (S) 2,5-furandione, telomer with Inc. inkjet paper ethenylbenzene and (1- methylethyl)benzene, 3- (dimethylamino)propyl imide, phosphates* VerDate 11 I. 61 PREMANUFACTURE NOTICES RECEIVED FROM: 07/24/00 TO 08/11/00ÐContinued Projected Case No. Received Notice Manufacturer/Importer Use Chemical Date End Date P±00±1074 08/01/00 10/30/00 Atofina Chemicals, (S) Paper sizing agent for high end (S) 2,5-furandione, telomer with Inc. inkjet paper ethenylbenzene and (1- methylethyl)benzene, 3- (dimethylamino)propyl imide, methanesulfonates* P±00±1075 08/01/00 10/30/00 Atofina Chemicals, (S) Paper sizing agent for high end (S) 2,5-furandione, telomer with Inc. inkjet paper ethenylbenzene and (1- methylethyl)benzene, 3- (dimethylamino)propyl imide, hydrochlorides* P±00±1076 08/01/00 10/30/00 CBI (G) Acrylic copolymer salt (G) Acrylic copolymer salt P±00±1077 08/01/00 10/30/00 CBI (G) Open, non-dispersive use (G) Ferric complex P±00±1078 08/01/00 10/30/00 CBI (G) Fuel additive (G) Potassium sulfonate P±00±1079 08/02/00 10/31/00 CBI (G) Printing ink. (G) Fatty acid, C18±unsatd., dimers, polymers with hexamethylenediamine, acyclic diamine, monocarboxylic acid and a diacarboxylic acid. P±00±1080 08/02/00 10/31/00 CBI (G) Printing ink. (G) Fatty acid, C18±unsatd., dimers, polymers with hexamethylenediamine, a cyclic diamine, a monocarboxylic acid and a diacarboxylic acid. P±00±1081 08/02/00 10/31/00 CBI (G) Printing ink. (G) Fatty acid, C18±unsatd., dimers, polymers with ethylenediamine, hexamethylenediamine, a cyclic diamine, monocarboxylic acid and a diacarboxylic acid. P±00±1082 08/02/00 10/31/00 CBI (G) Printing ink. (G) Fatty acid, C18±unsatd., dimers, polymers with ethylenediamine, hexamethylenediamine, propanoic acid, a cyclic diamine, monocarboxylic acid and a diacarboxylic acid. P±00±1083 08/02/00 10/31/00 CBI (G) Printing ink. (G) Fatty acid, C18±unsatd., dimers, polymers with ethylenediamine, hexamethylenediamine, propanoic acid, a cyclic diamine, monocarboxylic acid and a diacarboxylic acid and polymerized fatty acids. P±00±1084 08/02/00 10/31/00 CBI (G) Printing ink. (G) Fatty acid, C18±unsatd., dimers, polymers with ethylenediamine, hexamethylenediamine, a cyclic diamine, monocarboxylic acid, dicarboxylic and polymerized fatty acids* P±00±1085 08/02/00 10/31/00 3M company (G) Surfactant (G) Fluoroacrylate copolymer P±00±1086 08/02/00 10/31/00 CBI (G) Strong base used to perform pro- (G) Potassium amide salt ton abstractions P±00±1087 08/02/00 10/31/00 CBI (G) Chemical intermediate used in the (G) Di-alkyl borane synthesis of chemicals and poly- mers P±00±1088 08/02/00 10/31/00 CBI (G) Reagent for organic synthesis (G) Potassium alkoxide P±00±1089 08/02/00 10/31/00 CBI (G) Chemical intermediate used in the (G) Alkali metal alkyl borohydride synthesis of pharmaceuticls P±00±1090 08/02/00 10/31/00 CBI (G) Synthetic paper size emulsifier (G) Modified cationic acrylamide poly- mer P±00±1091 08/02/00 10/31/00 3M Company (G) Paper or film coating (G) Neutralized acrylate polymer P±00±1092 08/02/00 10/31/00 3M Company (G) Surfactant (G) Perfluoroalkyl derivative P±00±1093 08/02/00 10/31/00 3M Company (G) Surfactant (G) Fluoroacrylate copolymer P±00±1094 08/02/00 10/31/00 CBI (G) Dye (G) Sodium salt of a naphthalene azo dyestuff P±00±1095 08/04/00 11/02/00 CBI (G) Moisture curing polyurethane ad- (G) Isocyanate terminated urethane hesives polymer P±00±1096 08/04/00 11/02/00 Solutia Inc. (S) Solid reactive curing agent for uv- (G) Methacrylated aliphatic urethane cured powder coatings VerDate 11 I. 61 PREMANUFACTURE NOTICES RECEIVED FROM: 07/24/00 TO 08/11/00ÐContinued Projected Case No. Received Notice Manufacturer/Importer Use Chemical Date End Date P±00±1097 08/04/00 11/02/00 CBI (G) Cocatalyst (S) Aluminoxanes, iso-bu, branched, cyclic and linear* P±00±1098 08/04/00 11/02/00 CBI (G) Open, non-dispersive (resin) (G) Prepolymer based on aliphatic polyisocyanate P±00±1099 08/07/00 11/05/00 CBI (G) infrared absorber (G) A functionalized polymethine in- frared absorber P±00±1100 08/07/00 11/05/00 CBI (G) Coating (G) Terpolymer condensate P±00±1101 08/08/00 11/06/00 Kelmar industries, Inc. (G) Lubricant additive (G) Alkyl silsesquioxanes P±00±1102 08/08/00 11/06/00 Kelmar industries, Inc. (G) Lubricant additive (G) Alkyl silsesquioxanes P±00±1103 08/08/00 11/06/00 CBI (G) Used as an industrial laminating (G) Aromatic isocyanate-polyester- adhesive polyether base urethane prepolymer with excess isocyanate P±00±1104 08/09/00 11/07/00 CBI (S) Base/top coat binder for leather (G) Block polymer of aromaticdiacid finishing with alkane diamines, polysubstituted cycloalkanes and alkanediols P±00±1105 08/11/00 11/09/00 CBI (G) Open, non-dispersive use (G) Hydroxy functional amino ester P±00±1106 08/10/00 11/08/00 Degussa-huls corpora- (S) Industrial annealing lacquer for (G) Polymer of aliphatic/aromatic tion metalworking polycarboxylic acids and aliphatic /alicyclic polyols, neutralized with alkanolamine P±00±1107 08/10/00 11/08/00 CBI (G) Anti-wear additive used in mineral (G) Polycarboxylate based on natural oil industry (contained and disper- fatty acids sive uses) P±00±1108 08/09/00 11/07/00 CBI (G) Plasticizer (G) Modified cyclohexane esters P±00±1109 08/11/00 11/09/00 CBI (S) Tube extrusion;injection molding (G) Polyolefin-polyamide P±00±1110 08/11/00 11/09/00 CBI (S) Tube extrusion;injection molding (G) Polyolefin-polyamide P±00±1111 08/11/00 11/09/00 CBI (G) Open, non-dispersive (resin) (G) Unsaturated urethane acrylate resin P±00±1112 08/11/00 11/09/00 CBI (G) Amine synergists for coatings and (G) Amino acrylate inks P±00±1113 08/11/00 11/09/00 CBI (G) Amine synergists for coatings and (G) Amino acrylate inks In table II, EPA provides the following information (to the extent that such information is not claimed as CBI) on the Notices of Commencement to manufacture received: II. 55 NOTICES OF COMMENCEMENT FROM: 07/24/00 TO 08/11/00 Commencement/ Case No. Received Date Import Date Chemical P±00±0104 08/04/00 07/11/00 (S) 1h-benzimidazolium, 2-(6-methoxy-2-benzofuranyl)-1,3-dimethyl-5- (methylsulfonyl)-, acetate, acetate* P±00±0178 08/10/00 07/26/00 (G) Modified acrylic polymer P±00±0345 07/25/00 06/22/00 (G) Styrene acrylate;acrylic polymer P±00±0351 08/07/00 07/24/00 (G) Sulphonated azo dye P±00±0370 08/07/00 07/05/00 (G) Aliphatic alcohol P±00±0372 08/07/00 07/11/00 (G) Acrylic monomer P±00±0447 07/31/00 06/27/00 (G) Polyester polyol P±00±0492 08/03/00 08/01/00 (G) Chelated metal complexes P±00±0506 07/25/00 07/03/00 (G) Sodium salt of a naphthalene azo dyestuff P±00±0513 07/28/00 07/11/00 (G) Arylazo substituted sufonated naphthalene compound P±00±0516 07/28/00 07/11/00 (G) Sulfonated dioxazine compound P±00±0517 07/28/00 07/11/00 (G) Arylazo substituted sulfonated naphthalene compound P±00±0527 08/11/00 08/02/00 (G) Polyester resin P±00±0539 08/01/00 07/26/00 (G) Blocked polyisocyanate P±00±0540 08/04/00 07/03/00 (G) Saturated dicarboxylic acid, polymer with polyester, polyamide and sub- stituted carboxylic acids P±00±0557 08/07/00 07/11/00 (G) Epoxy modified saturated polyester resin P±00±0564 08/07/00 07/11/00 (G) Saturated polyester resin solid P±00±0565 08/01/00 07/24/00 (G) Azo violet pigment P±00±0567 07/25/00 07/05/00 (G) Melamine P±00±0578 07/25/00 06/28/00 (G) Polyester P±00±0587 07/28/00 07/10/00 (G) Amine terminated resin P±00±0618 08/11/00 07/11/00 (G) Substituted hydroxy alkane ether VerDate 11 II. 55 NOTICES OF COMMENCEMENT FROM: 07/24/00 TO 08/11/00ÐContinued Commencement/ Case No. Received Date Import Date Chemical P±00±0621 08/01/00 07/07/00 (G) Long chain fatty acids, polymer with a polyoxyalkylene and a cyclic diacid P±00±0640 07/25/00 06/30/00 (G) Alkyd emulsion P±00±0647 07/25/00 07/12/00 (G) Fatty acids, tall -oil, polymers with diamine, 5 (or 6) -carboxy-4-hexyl-2- cyclohexene-1-octanoic acid, fumaric acid, polyol, maleic anhydride, penta- erythritol and rosin) P±00±0655 08/11/00 08/03/00 (G) Aromatic urethane P±00±0656 08/04/00 07/07/00 (G) Alkenyl ester P±00±0681 08/11/00 08/01/00 (G) IsocyanateÐfunctional polyester polyurethane P±00±0687 08/07/00 07/24/00 (G) Polyetherurethane and polyurea copolymer P±00±0692 08/04/00 07/24/00 (G) Aliphatic polyurethane P±00±0695 08/07/00 07/25/00 (G) Perfluoroalkylated polyamino acid P±00±0713 07/28/00 07/17/00 (G) Arylazo substituted sulfonated naphthalene compound P±00±0724 07/31/00 07/21/00 (G) Polyether modified acrylic P±00±0734 08/03/00 07/25/00 (G) Substituted heterocyclic metal complex P±96±0094 07/27/00 07/06/00 (S) N,n-diethylethanamine trihydrofluoride P±96±0677 07/28/00 07/17/00 (G) 2-propenoic acid copolymer P±97±0565 08/03/00 05/12/00 (G) Poly carboxylic acid, sodium salt P±98±1179 08/01/00 07/06/00 (S) 2-butenedioic acid (z)-, mono±C8±C11±isoalkyl esters, C9 rich* P±98±1180 08/01/00 07/06/00 (S) 2-butenedioic acid (z)-, mono-C9±C11±isoalkyl esters, C10 rich* P±99±0160 07/31/00 07/24/00 (G) Modified acrylic polymer P±99±0366 07/27/00 07/18/00 (S) Silsesquioxanes, 3-aminopropyl, iso-bu, formates (salts)* P±99±0519 07/31/00 07/30/00 (G) 1,1-diphenylethane, reaction products, distillation residues P±99±0522 07/31/00 07/30/00 (G) Diphenylalkane, distillation residues P±99±0593 07/31/00 07/30/00 (G) Polyethylbenzene bottoms, middle fraction, reaction products, distillation heavies P±99±0594 07/31/00 07/30/00 (G) Polyethylbenzene bottoms, middle fraction, reaction products, distillation heavies P±99±0640 08/02/00 07/03/00 (G) Organomodified polysiloxane resin P±99±0943 07/31/00 07/16/00 (G) Polyurethane adhesive purge P±99±0951 07/25/00 06/06/00 (G) Polyisobutene epoxide P±99±0963 07/31/00 07/24/00 (G) Alkylether sulfate, sodium salt P±99±1072 07/31/00 07/11/00 (G) Styrenated alkyd P±99±1107 07/24/00 06/29/00 (S) 3,8,13-trioxa-4,7,9,12-tetrasilapentdecane, 4,12-diethoxy-4,7,7,9,9,12- hexamethyl-* P±99±1108 07/24/00 06/29/00 (G) Fluorosilicone polymer P±99±1201 08/03/00 07/25/00 (S) 2-propenoic acid, reaction products with chloroacetic acid and 4,5-dihydro- 1h-imidazole-1-ethanamine 2-nortall-oil alkyl derivs., sodium salts* P±99±1205 07/24/00 06/22/00 (S) 4,4′-(9a-fluoren-9-ylidene) bis[2,6-dibromo]phenol* P±99±1377 08/07/00 07/25/00 (G) Polydimethylsiloxane resin List of Subjects set forth in paragraph 7 of the Act (12 Fitzgerald Trust, Thomas G. Fitzgerald Environmental protection, Chemicals, U.S.C. 1817(j)(7)). as trustee; Julie Schauer, all of Premanufacturer notices. The notices are available for Inverness, Illinois, and Gerald F. immediate inspection at the Federal Fitzgerald, Palatine, Illinois; to acquire Dated: September 14, 2000. Reserve Bank indicated. The notices shares of Southern Wisconsin Deborah A. Williams, also will be available for inspection at Bancshares Corp., Mineral Point, Wisconsin, and thereby indirectly Acting Director, Information Management the offices of the Board of Governors. Division, Office of Pollution Prevention and Interested persons may express their acquire Farmers Savings Bank, Mineral Toxics. views in writing to the Reserve Bank Point, Wisconsin. indicated for that notice or to the offices [FR Doc. 00–24437 Filed 9–21–00; 8:45 am] Board of Governors of the Federal Reserve of the Board of Governors. Comments System, September 18, 2000. BILLING CODE 6560±50±S must be received not later than October Robert deV. Frierson, 6, 2000. Associate Secretary of the Board. A. Federal Reserve Bank of Chicago [FR Doc. 00–24360 Filed 9–21–00; 8:45 am] FEDERAL RESERVE SYSTEM (Phillip Jackson, Applications Officer) 230 South LaSalle Street, Chicago, BILLING CODE 6210±01±P Change in Bank Control Notices; Illinois 60690–1414: Acquisitions of Shares of Banks or Bank Holding Companies 1. James G. Fitzgerald, Barrington FEDERAL RESERVE SYSTEM Hills, Illinois; and Jane M. Fitzgerald; The notificants listed below have Andrew James Fitzgerald Irrevocable Formations of, Acquisitions by, and applied under the Change in Bank Trust, James G. Fitzgerald as trustee; Mergers of Bank Holding Companies Control Act (12 U.S.C. 1817(j)) and Timothy Edward Fitzgerald Irrevocable § 225.41 of the Board’s Regulation Y (12 Trust, James G. Fitzgerald as trustee; The companies listed in this notice CFR 225.41) to acquire a bank or bank Gerald F. Fitzgerald Jr.; Thomas have applied to the Board for approval, holding company. The factors that are Gosselin Fitzgerald, Jr., Trust, Thomas pursuant to the Bank Holding Company considered in acting on the notices are G. Fitzgerald as trustee; Lauren Webb Act of 1956 (12 U.S.C. 1841 et seq.) VerDate 11 (BHC Act), Regulation Y (12 CFR Part Colorado, and Collegiate Peaks Mortgage Company, Folsom, California, 225), and all other applicable statutes Bancorporation, Strasburg, Colorado, and thereby engage in originating and and regulations to become a bank and its subsidiary, Collegiate Peaks selling mortgage loans, pursuant to holding company and/or to acquire the Bank, Buena Vista, Colorado. In § 225.28(b)(1) of Regulation Y. assets or the ownership of, control of, or connection with this proposal, Guaranty the power to vote shares of a bank or Corporation, Denver, Colorado; also has Board of Governors of the Federal Reserve bank holding company and all of the applied to acquire Bank Capital System, September 19, 2000. banks and nonbanking companies Mortgage LLC, Strasburg, Colorado, and Robert deV. Frierson, owned by the bank holding company, thereby engage in extension of credit Associate Secretary of the Board. including the companies listed below. and servicing of loans activities [FR Doc. 00–24430 Filed 9–21–00; 8:45 am] The applications listed below, as well pursuant to § 228.28(b)(1) of Regulation BILLING CODE 6210±01±P as other related filings required by the Y. Board, are available for immediate Board of Governors of the Federal Reserve inspection at the Federal Reserve Bank System, September 18, 2000. FEDERAL RESERVE SYSTEM indicated. The application also will be Robert deV. Frierson, available for inspection at the offices of Associate Secretary of the Board. Sunshine Act Meeting the Board of Governors. Interested [FR Doc. 00–24359 Filed 9–21–00; 8:45 am] persons may express their views in AGENCY HOLDING THE MEETING: BILLING CODE 6210±01±P Board of writing on the standards enumerated in Governors of the Federal Reserve the BHC Act (12 U.S.C. 1842(c)). If the System. proposal also involves the acquisition of FEDERAL RESERVE SYSTEM a nonbanking company, the review also TIME AND DATE: 10 a.m., Wednesday, includes whether the acquisition of the Notice of Proposals To Engage in September 27, 2000. nonbanking company complies with the Permissible Nonbanking Activities or PLACE: Marriner S. Eccles Federal standards in section 4 of the BHC Act To Acquire Companies That Are Reserve Board Building, 20th and C (12 U.S.C. 1843). Unless otherwise Engaged in Permissible Nonbanking Streets, NW., Washington, DC 20551. noted, nonbanking activities will be Activities conducted throughout the United States. STATUS: Closed. Additional information on all bank The companies listed in this notice MATTERS TO BE CONSIDERED: holding companies may be obtained have given notice under section 4 of the from the National Information Center Bank Holding Company Act (12 U.S.C. 1. Personnel actions (appointments, website at www.ffiec.gov/nic/. 1843) (BHC Act) and Regulation Y, (12 promotions, assignments, Unless otherwise noted, comments CFR Part 225) to engage de novo, or to reassignments, and salary actions) regarding each of these applications acquire or control voting securities or involving individual Federal Reserve must be received at the Reserve Bank assets of a company, including the System employees. companies listed below, that engages indicated or the offices of the Board of 2. Any matters carried forward from a Governors not later than October 17, either directly or through a subsidiary or previously announced meeting. 2000. other company, in a nonbanking activity A. Federal Reserve Bank of New that is listed in § 225.28 of Regulation Y CONTACT PERSON FOR MORE INFORMATION: York (Betsy Buttrill White, Senior Vice (12 CFR 225.28) or that the Board has Lynn S. Fox, Assistant to the Board; President) 33 Liberty Street, New York, determined by Order to be closely 202–452–3204. New York 10045–0001: related to banking and permissible for 1. Bank Hapoalim B.M., Tel Aviv, bank holding companies. Unless SUPPLEMENTARY INFORMATION: You may Israel; Zahar Hashemesh Le’Hashkaot otherwise noted, these activities will be call 202–452–3206 beginning at Ltd., Tel Aviv, Israel, & Hapoalim conducted throughout the United States. approximately 5 p.m. two business days U.S.A. Holding Company, Inc., New Each notice is available for inspection before the meeting for a recorded York, New York; to become bank at the Federal Reserve Bank indicated. announcement of bank and bank holding companies by acquiring 100 The notice also will be available for holding company applications percent of the voting shares of Signature inspection at the offices of the Board of scheduled for the meeting; or you may Bank, New York, New York, a proposed Governors. Interested persons may contact the Board’s Web site at http:// de novo bank. express their views in writing on the www.federalreserve.gov for an B. Federal Reserve Bank of question whether the proposal complies electronic announcement that not only Richmond (A. Linwood Gill, III, Vice with the standards of section 4 of the lists applications, but also indicates President) 701 East Byrd Street, BHC Act. Additional information on all procedural and other information about Richmond, Virginia 23261–4528: bank holding companies may be the meeting. 1. FNB Corporation, Christiansburg, obtained from the National Information Virginia; to merge with CNB Holdings, Center website at www.ffiec.gov/nic/. Dated: September 20, 2000. Inc., Pulaski, Virginia, and thereby Unless otherwise noted, comments Robert deV. Frierson, indirectly acquire Community National regarding the applications must be Associate Secretary of the Board. Bank, Pulaski, Virginia. received at the Reserve Bank indicated [FR Doc. 00–24535 Filed 9–20–00; 10:55 am] C. Federal Reserve Bank of Kansas or the offices of the Board of Governors BILLING CODE 6210±01±P City (D. Michael Manies, Assistant Vice not later than October 10, 2000. President) 925 Grand Avenue, Kansas A. Federal Reserve Bank of San City, Missouri 64198–0001: Francisco (Maria Villanueva, Consumer 1. Guaranty Corporation, Denver, Regulation Group) 101 Market Street, Colorado; to merge with Bank Capital San Francisco, California 94105–1579: Corporation, Strasburg, Colorado, and 1. Tehama Bancorp, Red Bluff, thereby indirectly acquire The First California; to acquire convertible National Bank of Strasburg, Strasburg, preferred shares of Central Pacific VerDate 11 DEPARTMENT OF HEALTH AND Connections Campaign to serve low- ext. 122, or FDA Advisory Committee HUMAN SERVICES income communities, limited resource Information Line, 1–800–741–8138 farmers, and low-income women and (301–443–0572 in the Washington, DC Administration for Children and children who participate in the WIC area), code 12523. Please call the Families Program. Information Line for up-to-date This one-year project is being funded information on this meeting. Office of Community Services; Grant noncompetitively because it is expected Agenda: The committee will discuss, to the Community Economic to provide valuable information useful make recommendations, and vote on a Development and Information to this Department and other premarket approval application for a Technology practitioners regarding research and device for the treatment of AGENCY: Office of Community Services, demonstration initiatives related to vesicoureteral reflux. ACF, DHHS. welfare reform and the well being of Procedure: Interested persons may ACTION: Award announcement. low-income children and families. The present data, information, or views, nationwide campaign will be piloted in orally or in writing, on issues pending SUMMARY: Notice is hereby given that a four states, and will promote the before the committee. Written noncompetitive grant award is being development and coordination of submissions may be made to the contact made to the Community Economic farmers’ markets and marketing services person by October 12, 2000. Oral Development and Information among federal, state and local agencies. presentations from the public will be Technology to support their national The cost of the project is $33,000 for one scheduled between approximately 10 demonstration project to conduct a food year. a.m. and 10:30 a.m., and between e-commerce system for poor residents Contact for Further Information: approximately 3:30 p.m. and 4 p.m. living in America’s public housing Catherine Rivers, Administration for Time allotted for each presentation may projects to shop on-line for nutritional Children and Families, Office of be limited. Those desiring to make food. Community Services, 370 L’Enfant formal oral presentations should notify This one-year project is being funded Promenade, SW., Washington, DC the contact person before October 12, noncompetitively because it is expected 20447, Phone: 202–401–5252. 2000, and submit a brief statement of to provide valuable information useful Dated: September 18, 2000. the general nature of the evidence or to this Department and other Donald Sykes, arguments they wish to present, the practitioners regarding research and Director, Office of Community Services. names and addresses of proposed demonstration initiatives related to participants, and an indication of the [FR Doc. 00–24415 Filed 9–21–00; 8:45 am] welfare reform and the well being of approximate time requested to make low-income children and families. The BILLING CODE 4184±01±M their presentation. national project will demonstrate that Notice of this meeting is given under the New Digital Economy can offer new DEPARTMENT OF HEALTH AND the Federal Advisory Committee Act (5 opportunities to all low-income U.S.C. app. 2). communities. The cost of the project is HUMAN SERVICES Dated: September 15, 2000. $63,315 for one year. Food and Drug Administration Linda A. Suydam, CONTACT FOR FURTHER INFORMATION: Senior Associate Commissioner. Catherine Rivers, Administration for Gastroenterology and Urology Devices Children and Families, Office of Panel of the Medical Devices Advisory [FR Doc. 00–24337 Filed 9–21–00; 8:45 am] Community Services, 370 L’Enfant Committee; Notice of Meeting BILLING CODE 4160±01±F Promenade, SW., Washington, DC 20447, Phone: 202–401–5252. AGENCY: Food and Drug Administration, HHS. DEPARTMENT OF HEALTH AND Dated: September 18, 2000. ACTION: Notice. HUMAN SERVICES Donald Sykes, Director, Office of Community Services. This notice announces a forthcoming Food and Drug Administration [FR Doc. 00–24414 Filed 9–21–00; 8:45 am] meeting of a public advisory committee [Docket No. 00D±1458] BILLING CODE 4184±01±M of the Food and Drug Administration (FDA). The meeting will be open to the Draft Guidance for Infant/Child Apnea public. Monitor 510(k) Submissions; DEPARTMENT OF HEALTH AND Name of Committee: Gastroenterology Availability HUMAN SERVICES and Urology Devices Panel of the Medical Devices Advisory Committee. AGENCY: Food and Drug Administration, Administration for Children and General Function of the Committee: HHS. Families To provide advice and ACTION: Notice. recommendations to the agency on Office of Community Services; Grant FDA’s regulatory issues. SUMMARY: The Food and Drug to the National Association of Farmers' Date and Time: The meeting will be Administration (FDA) is announcing the Market Nutrition Programs held on October 19, 2000, 9:30 a.m. to availability of the draft guidance AGENCY: Office of Community Services, 5 p.m. entitled ‘‘Guidance for Infant/Child ACF, DHHS. Location: Best Western Washington Apnea Monitor 510(k) Submissions.’’ ACTION: Award announcement. Gateway Hotel, Grand Ballroom, 1251 This guidance is not final nor is it in West Montgomery Ave., Rockville, MD. effect at this time. This draft guidance SUMMARY: Notice is hereby given that a Contact Person: Jeffrey W. Cooper, describes minimum performance, noncompetitive grand award is being Center for Devices and Radiological testing, labeling, and clinical criteria for made to the National Association of Health (HFZ–470), Food and Drug the infant/child monitor. Upon Farmers’ Market Nutrition Programs to Administration, 9200 Corporate Blvd., considering comments on the draft initiate a Nationwide Farmers’ Market Rockville, MD 20850, 301–594–1220, document, FDA will modify the VerDate 11 VerDate 11 (HCFA), Department of Health and Supporting Regulations in 42 CFR 498 Dated: August 3, 2000. Human Services, has submitted to the Subpart D and E; Form No.: HCFA– John P. Burke III, Office of Management and Budget 5011A–U6 (0938–0486); Use: Section HCFA Reports Clearance Officer, HCFA, (OMB) the following proposal for the 1869 of the Social Security Act Office of Information Services, Security and collection of information. Interested authorizes a hearing for any individual Standards Group, Division of HCFA persons are invited to send comments who is dissatisfied with the Enterprise Standards. regarding the burden estimate or any intermediary’s Part A determination or [FR Doc. 00–24344 Filed 9–21–00; 8:45 am] other aspect of this collection of the amount paid. This form is used by BILLING CODE 4120±03±P information, including any of the the beneficiary or other qualified following subjects: (1) The necessity and appellant to request a hearing by an utility of the proposed information DEPARTMENT OF HEALTH AND Administrative Law Judge if the collection for the proper performance of HUMAN SERVICES the agency’s functions; (2) the accuracy reconsideration determination fails to of the estimated burden; (3) ways to satisfy the appellant. Frequency: Indian Health Service enhance the quality, utility, and clarity Annually, Quarterly and Monthly; Affected Public: Individuals or Research and Demonstration Projects of the information to be collected; and for Indian Health (4) the use of automated collection Households, and Not-for-profit techniques or other forms of information institutions; Number of Respondents: AGENCY: Indian Health Service, DHHS. technology to minimize the information 10,000; Total Annual Responses: ACTION: Notice of Single Source collection burden. 10,000; Total Annual Hours: 2,500. Cooperative Agreement With the Center 1. Type of Information Collection 4. Type of Information Collection for Native American Health, College of Request: Extension of a currently Request: Extension of a currently Public Health, University of Arizona. approved collection; Title of approved collection; Title of Information Collection: Request for SUMMARY: The Indian Health Service Information Collection: Request for Part Hearing—Part B Medicare Claim and (IHS) announces continuation of an B Medicare Hearing by an Supporting Regulations in 42 CFR award of a cooperative agreement to the 405.821; Form No.: HCFA–1965 (0938– Administrative Law Judge and Center for Native American Health 0034); Use: Section 1869 of the Social Supporting Regulations in 42 CFR 498 (CNAH), College of Public Health, Security Act authorizes a hearing for Subpart D and E; Form No.: HCFA– University of Arizona, for a any individual who is dissatisfied with 5011B–U6 (0938–0567); Use: Section demonstration project to build and any determination and amount of 1869 of the Social Security Act expand on a unique collaborative benefit paid. This form is used so that authorizes a hearing for any individual partnership that currently exists among a party may request a hearing by a who is dissatisfied with the carrier’s the CNAH, the IHS, and the Indian Hearing Officer because the review Part B determination or the amount tribes located in the southwestern part determination failed to satisfy the paid. This form is used by the of the country. This award is for a final appellant. Frequency: Annually, beneficiary or other qualified appellant 1-year continuation of a project Quarterly and Monthly; Affected Public: to request a hearing by an previously funded for a 2-year period Individual or Households, and Not-for- Administrative Law Judge if the hearing (September 1, 1998 through August 31, profit institutions; Number of officer’s decision fails to satisfy the 2000). The continuation will be effective Respondents: 55,000; Total Annual appellant. Frequency: Annually, September 1, 2000, through August 31, Responses: 55,000; Total Annual Hours: Quarterly and Monthly; Affected Public: 2001. Funding for the continuation 9,167. Individuals or Households, and Not-for- period is $229,288 plus an annual in- 2. Type of Information Collection profit institutions; Number of kind contribution by the University of Request: Extension of a currently $94,696. Respondents: 10,000; Total Annual approved collection; Title of The award is issued under the Information Collection: Request for Responses: 10,000; Total Annual Hours: authority of the Public Health Service Reconsideration of Part A Insurance 2,500. Act, Section 301(a). A general program Benefits and Supporting Regulations in To obtain copies of the supporting description is contained in the Catalog 42 CFR 405.711; Form No.: HCFA–2649 statement for the proposed paperwork of Federal Domestic Assistance, number (0938–0045); Use: Section 1869 of the collections referenced above, access 93.933. Social Security Act authorizes a hearing HCFA’s Web Site Address at http:// The specific objectives of the project for any individual who is dissatisfied www.hcfa.gov/regs/prdact95.htm, or E- are: to increase opportunities for sub- with the intermediary’s Part A mail your request, including your specialty medical care at reservation determination or the benefit amount address and phone number, to health care facilities; to increase the paid. This form is used by a party to [email protected], or call the Reports availability of telemedicine at request a reconsideration of the initial Clearance Office on (410) 786–1326. reservation health care facilities; to determination of benefits. Frequency: Written comments and enhance community health planning Annually, Quarterly and Monthly; recommendations for the proposed and prevention activities; to facilitate Affected Public: Individuals or counseling of high school level Indian information collections must be mailed Households, and Not-for-profit students for entry into health careers; within 30 days of this notice directly to institutions; Number of Respondents: and to demonstrate the possibilities of 62,000; Total Annual Responses: the OMB Desk Officer designated at the replication of this collaborative project 62,000; Total Annual Hours: 15,500. following address: OMB Human at other sites. 3. Type of Information Collection Resources and Housing Branch, Justification for Single Source: This Request: Extension of a currently Attention: Allison Eydt, New Executive project has been awarded for an approved collection; Title of Office Building, Room 10235, additional 1-year continuation on a non- Information Collection: Request for Part Washington, D.C. 20503. competitive single source basis. The A Medicare Hearing by an CNAH is a unique organization within Administrative Law Judge and the University that is guided by an VerDate 11 Advisory Council composed of leaders payments will be made for items and Effective from 13 Indian tribes and tribal services provided by that excluded Subject city, state date organizations located in the party. The exclusions have national southwestern part of the country and effect and also apply to all Executive HANSON, MA health professionals from the Arizona Branch procurement and non- HYNES, GEORGE ADELBERT 09/20/00 MINERSVILLE, PA Department of Health, the IHS, and the procurement programs and activities. JEFFRIES-GLASGOW, DEBO- University. This final year of funding RAH ...... 09/20/00 should allow this model demonstration Effective VIRGINIA BEACH, VA Subject city, state date project to become self-sustaining. KEY, LEE T ...... 09/20/00 Award of Cooperative Agreement: An CHICAGO, IL PROGRAM-RELATED CONVICTIONS IHS employee who is serving as the KLAGES, LISA ANN ...... 09/20/00 MILO, IA Director of CNAH will provide ALMARALES, BEATRIZ ...... 09/20/00 MINASYAN, NSHAN ...... 09/20/00 substantial on-going IHS programmatic MIAMI, FL LOS ANGELES, CA involvement in the development and ARORA, VASU ...... 09/20/00 MINASYAN, AKOP ...... 09/20/00 direction of this demonstration project. LEXINGTON, KY MONTEBELLO, CA Also, the IHS has health professionals ARTEAGA, ISIDORO ...... 09/20/00 OTERI, ROSEMARY ...... 09/20/00 providing project guidance as members MIAMI, FL HANSON, MA of the Advisory Council. BAKER, VALERIE ...... 09/20/00 PAPOLCZY, THERESA ...... 09/20/00 Contacts: For program information, MELVILLE, NY SANDOVAL, IL contact Ms. Jan Frederick, Acting Chief, BARTZ, NICHOLAS W ...... 09/20/00 PICCIOTTI, JOSEPH ...... 09/20/00 PHOENIX, AZ Nutrition and Dietetics, Phoenix Area VOORHEES, NJ BENNETT, DEREK KEVIN ...... 09/20/00 PROGRESSIVE CARE AMBU- IHS, Two Renaissance Square, 40 North DETROIT, MI Central, Phoenix, Arizona 85004, LANCE SVC ...... 09/20/00 BRACKNEY, JOHN ALBERT ... 09/20/00 JESSUP, MD telephone (602) 364–5197. For grants PEORIA, IL PUBLIC GUARDIAN OF WEST information, contact Ms. Martha BROWNING, JOSEPHINE A ... 09/20/00 MICHIG ...... 09/20/00 Redhouse, Grants Management SYLVANIA, OH BANGOR, MI Specialist, Division of Acquisitions and CARMONA, MARIA CLARA ..... 09/20/00 RAWANA, SOROJUNI ...... 09/20/00 Grants Management, Indian Health HIALEAH, FL GANADO, AZ Service, Suite 100, 12300 Twinbrook CASSITY, SHARON A ...... 09/20/00 REINKE, HOLLY ...... 09/20/00 Parkway, Rockville, Maryland 20852, TOLEDO, OH TOLEDO, OH CHONG, NANI ...... 09/20/00 telephone (301) 443–5204. RIVERA, SUSAN ...... 09/20/00 PHILADELPHIA, PA CHANDLER, AZ Dated: September 14, 2000. CHONG, JOHN Y ...... 09/20/00 ROBINSON, BYRON C ...... 09/20/00 Michel E. Lincoln, PHILADELPHIA, PA MILTON, MA Acting Director. CRAUSMAN, JEFFREY ...... 09/20/00 ROSENBLATT, SIDNEY TAFT, CA MARVIN ...... 09/20/00 [FR Doc. 00–24338 Filed 9–21–00; 8:45 am] CUELLO, CARMEN ...... 09/20/00 BRONX, NY BILLING CODE 4160±16±M MIAMI, FL ROSSITER, GROVER CLEVE- CULLEN, ANDREW ...... 09/20/00 LAND ...... 09/20/00 OCEANSIDE, NY LONGMONT, CO DEPARTMENT OF HEALTH AND DALTON, NANCY SUE ...... 09/20/00 RUSSELL, THOMAS W ...... 09/20/00 HUMAN SERVICES CLINTON, IA WHITE OAK, PA DICKSON, DAVID ...... 09/20/00 SANCHEZ-ARGUELLO, JOSE Office of Inspector General MECHANICSBURG, PA E ...... 09/20/00 DREYFUSS, DONALD S ...... 09/20/00 MIAMI, FL Program Exclusions: August 2000 BLOOMFIELD HILLS, MI SHEPPARD, MILLARD C JR ... 09/20/00 DUBOIS, MAXINE ELAINE ...... 09/20/00 JESSUP, MD AGENCY: Office of Inspector General, SWARTZ CREEK, MI SIEGEL, HAROLD ...... 09/20/00 HHS. EALY, MELISSA DAVINA ...... 09/20/00 EASTCHESTER, NY ACTION: Notice of program exclusions. GOSHEN, OH SIVERHUS, JAMES DELAINE 09/20/00 EDELSTEIN, JOSEPH ...... 09/20/00 YOUNGTOWN, AZ During the month of August 2000, the ARNOLD, PA SPATZ, JEFFREY ...... 09/20/00 HHS Office of Inspector General FINA, JOSE ...... 09/20/00 PITTSBURGH, PA imposed exclusions in the cases set MIAMI, FL UPSHAW, ROBINLENE ...... 09/20/00 forth below. When an exclusion is FRENCH, PAUL COMLY JR .... 09/20/00 FRESNO, CA imposed, no program payment is made BANGOR, MI VOLOSEVICH, EVELYN ...... 09/20/00 GANN, CHARLES THOMAS .... 09/20/00 BALDWIN, NY to anyone for any items or services OKLAHOMA CITY, OK (other than an emergency item or VOLOSEVICH HOME CARE, GARCIA, HERIBERTO ...... 09/20/00 INC ...... 09/20/00 service not provided in a hospital MIAMI, FL BALDWIN, NY emergency room) furnished, ordered or GARRETT, KATHERYN JANE 09/20/00 prescribed by an excluded party under POTEAU, OK FELONY CONV FOR HC FRAUD 1128(a)(3) the Medicare, Medicaid, and all Federal GLENN, SANDRA SUE ...... 09/20/00 Health Care programs. In addition, no FORT SMITH, AR ALEXANDER, LEROY ...... 09/20/00 program payment is made to any GOMAN, TRISH M ...... 09/20/00 BONITA, CA business or facility, e.g., a hospital, that GRADY, AR ANAYA, JAVIER MEDA ...... 09/20/00 GONZALEZ MARTINEZ, TIJUANA, MEXICO submits bills for payment for items or LILIANA ...... 09/20/00 BAILEY, TONYA ...... 09/20/00 services provided by an excluded party. MIAMI, FL PHILADELPHIA, PA Program beneficiaries remain free to HADDOCK, CARROLL DEANE 09/20/00 BLACKSHER, MARY MAR- decide for themselves whether they will YUMA, AZ GARET ...... 09/20/00 continue to use the services of an HANSON MEDICAL SUPPLY, BRYAN, TX excluded party even though no program INC ...... 09/20/00 BROWER, CHRISTINA ...... 09/20/00 VerDate 11 Effective Effective Effective Subject city, state date Subject city, state date Subject city, state date AURORA, CO AMHERST, OH MORGANTOWN, WV CASEY, SIMON ANDREW ...... 09/20/00 SHIRLEY, RUBY BEATRICE ... 09/20/00 SAN CLEMENTE, CA PATIENT ABUSE/NEGLECT/CONVICTIONS HUMBOLT, TN CORDOVA, MARCO ANTONIO 09/20/00 SIEGEL, PHILIP ...... 09/20/00 TIJUANA, MEXICO BOSWORTH, MARSHA K ...... 09/20/00 MIAMI, FL CUBILLAS, VICTOR ...... 09/20/00 LAS VEGAS, NV SMITH, RONZELL C ...... 09/20/00 BRADLEY, LANA LENOR ...... 09/20/00 TIJUANA, MEXICO BEACON, NY MARRERO, LA ENG-PEREZ, FERNANDO ...... 09/20/00 VANBENCOTEN, THOMAS ..... 09/20/00 BRASWELL, TAMMY ...... 09/20/00 ELMIRA, NY TIJUANA, MEXICO GREELEY, CO FIGUEROA, PASCUAL ...... 09/20/00 VANKAMPEN, JACK CHRIS- BROWN, SHANTAY ...... 09/20/00 TIAN ...... 09/20/00 TIJUANA, MEXICO BALTIMORE, MD LAINGSBURG, MI FLORES, SILVIA ...... 09/20/00 CHEN, TAN ...... 09/20/00 WALKER, FATIMA ...... 09/20/00 TIJUANA, MEXICO PINE BROOK, NJ BUFFALO, NY GRANTHAM, EDMOND C ...... 09/20/00 CLARK, CHAFFONDA ANTOI- WILLIAMS, KIMBERLY ...... 09/20/00 ALEXANDRIA, VA NETTE ...... 09/20/00 BUFFALO, NY LEDEZMA, DAVID ...... 09/20/00 WOONSOCKET, RI WINSTON, EMILY WILL ...... 09/20/00 TIJUANA, MEXICO COLE, STANFORD ...... 09/20/00 LONG BEACH, CA LAUREL, MS LIPKIN, PAUL ...... 09/20/00 YALE, DONNA APPEL ...... 09/20/00 COLLINS, JEAN ...... 09/20/00 MINERSVILLE, PA FARMINGDALE, NJ MACIAS, MARTIN ...... 09/20/00 BUFFALO, NY TIJUANA, MEXICO CRIST, DENISE L ...... 09/20/00 CONVICTION FOR HEALTH CARE FRAUD OKLAHOMA CITY, OK MAL, MARIAN ...... 09/20/00 DEAN, JAMES C ...... 09/20/00 TROUTDALE, OR BEACHAM, TERRY ...... 09/20/00 MATTOON, IL PEARL, MS MERLOS, JOAQUIN ...... 09/20/00 DUMAS, REGINA ANN ...... 09/20/00 BASTROP, TX COLUMBUS, OH CONTROLLED SUBSTANCE CONVICTIONS MIRO, JOSE ...... 09/20/00 ELSWICK, PAMELA VIOLET ... 09/20/00 TIJUANA, MEXICO LEON, WV MCNEIL, JENNIFER L ...... 09/20/00 MUNGUIA, JOSE ANGEL ...... 09/20/00 FIGARY, JACK M II ...... 09/20/00 BELGIUM, WI TIJUANA, MEXICO EAST MOLINE, IL SHARMA, KUSUM ...... 09/20/00 OCEGUERA, ANTONIO ...... 09/20/00 GARRETT, WILLIAM FORTH WORTH, TX TIJUANA, MEXICO CLIFFORD ...... 09/20/00 SNOOK, RANDALL LYNN ...... 09/20/00 WESTMINISTER, CO PALMER, DAVID ...... 09/20/00 LITTLETON, CO HEATH, BEVERLY HALLUMS 09/20/00 LA MESA, CA WARD, MARY JANE ...... 09/20/00 DETROIT, MI QUINTANA, ELIZABETH ...... 09/20/00 HUMMELSTOWN, PA TIJUANA, MEXICO JARRELS, WILLIAM COLIN .... 09/20/00 FORT SMITH, AR RAMIREZ-MERLOS, JAVIER .. 09/20/00 LICENSE REVOCATION/SUSPENSION KAHUT, RICHARD A ...... 09/20/00 SAN YSIDRO, CA BELLBROOK, OH AKERS, KYLE RAY ...... 09/20/00 ROBINSON, DAVID ...... 09/20/00 KNIGHT, SABRINA FELISHA .. 09/20/00 VIOLA, IA NORTH WALES, PA PICAYUNE, MS ALLRED, MICHAEL B ...... 09/20/00 RODRIGUEZ, ANN R ...... 09/20/00 LEE, JACQUOLYN RENEE ..... 09/20/00 OREM, UT DOYLESTOWN, PA HOUSTON, TX ANTHONY, VIOLET K ...... 09/20/00 RODRIGUEZ, ANTONIO ...... 09/20/00 MARTIN, KRISTY ANNE ...... 09/20/00 TIJUANA, MEXICO OAKDALE, CA GREELEY, CO VALDEZ, LUIS ...... 09/20/00 MATCHETT, ANNETTE C ...... 09/20/00 ARITA, VALERIE EMIKO ...... 09/20/00 SAN DIEGO, CA TIJUANA, MEXICO LORAIN, OH BARBA, FIDELIS A ...... 09/20/00 VAZQUEZ, ADRIAN ...... 09/20/00 MCCANN, WAYNE EUGENE .. 09/20/00 SADDLE RIVER, NJ TIJUANA, MEXICO CAMP HILL, PA MIDENBERG, DAVID BARRETT, ROYCE ALAN ...... 09/20/00 VEGA, SALVADOR ...... 09/20/00 REDDING, CA IMPERIAL BEACH, CA SEAMON ...... 09/20/00 DETROIT, MI BECK, JAMES BRAD ...... 09/20/00 WALKER, DORISTEEN L ...... 09/20/00 HENDERSON, NV CHICAGO, IL MILLER, JACQUELYN A ...... 09/20/00 NORWALK, OH BERKIL, KRISTIE J ...... 09/20/00 CHAMPAIGN, IL FELONY CONTOL SUBST CONV 1128(a)(4) MIRANDA, CESAR P ...... 09/20/00 BUTLER, PA BOHLMAN, LORI GAYLE ...... 09/20/00 MORRIS, DEBBIE ...... 09/20/00 BRISTOL, CT AYERS, JERRY DANIEL ...... 09/20/00 BOYD, JUDITH ANN ...... 09/20/00 ESCONDIDO, CA TUPELO, MS NAMBI, EVA RITA ...... 09/20/00 RIVERSIDE, RI FROMM, JACKIE L ...... 09/20/00 WELLESLEY, MA BRACKETT, ROSEMARY M .... 09/20/00 PEKIN, IL NORTON, WAYNE PETER ...... 09/20/00 MIAMI, FL HAMER, LAWRENCE ALLEN .. 09/20/00 GARDINER, ME BUDAY, PATRICK A ...... 09/20/00 WEST LIBERTY, IA PATTERSON, RACHEL KATH- GILBERTSVILLE, PA HEWES, MAUREEN C ...... 09/20/00 LEEN ...... 09/20/00 BURKE, ARNOLD T ...... 09/20/00 LANSDOWNE, PA MT VERNON, IL WHITEHALL, NY JASPERSON, LESLIE KAY ..... 09/20/00 PRESBERY, DENISE R ...... 09/20/00 BURKE, JANICE A ...... 09/20/00 LEGRAND, IA DARLINGTON, SC ROCHESTER, NY KORTE, GREGORY G ...... 09/20/00 SCHWERS, ELAINE FATIMA .. 09/20/00 BURNS, MARCIA ANN ...... 09/20/00 MIAMISBURG, OH BROKEN ARROW, OK AURORA, CO MORLAN, PAMELA ANN ...... 09/20/00 SCOTT, VIVIAN DIANE ...... 09/20/00 BURRA, DIANE RUTH ...... 09/20/00 NORTHFIELD, MN LONG BEACH, CA TARZANA, CA TALBOT, KATHLEEN ELLEN .. 09/20/00 BYRD, HELENA LOU ...... 09/20/00 SHIPLEY, MICHELLE L ...... 09/20/00 VerDate 11 Effective Effective Effective Subject city, state date Subject city, state date Subject city, state date SAN ANTONIO, TX TALLULAH, LA AUSTIN, MN CARDOSI, ANN C ...... 09/20/00 HA, JAE KYO ...... 09/20/00 LYBBERT, GLEN DOUGLAS ... 09/20/00 PAWTUCKET, RI TORRANCE, CA LAS VEGAS, NV CARDWELL, MARTHA M ...... 09/20/00 HAN, HE SOOK ...... 09/20/00 MATHEWS, ROGER DEAN ..... 09/20/00 KNOXVILLE, TN RANCHO PALOS VERDES, LOMPOC, CA CARINGAL, LEOGILDO CA MAWYER, MARY FRANCES ... 09/20/00 MAGBUHOS ...... 09/20/00 HANNIGAN, KENNETH E ...... 09/20/00 TROY, VA LOS ANGELES, CA CHICAGO, IL MAYFIELD, APRIL E ...... 09/20/00 CARLOS, MARTHA SUAREZ .. 09/20/00 HAUSKEN, KATHRYN J ...... 09/20/00 RUTLAND, VT OZONA, TX DENVER, CO McCAFFREY, CHERYL ANN ... 09/20/00 CARRINGTON, KURLEIGH ..... 09/20/00 HAYSE, RAYMOND II ...... 09/20/00 SULPHUR SPRINGS, AR DENVER, CO SAN BERNARDINO, CA McCARTY, SONJA MARIE ...... 09/20/00 CARTER, VERONICA M ...... 09/20/00 HENDRICKS, JAMES WAL- WEST HELENA, AR RIVERTON, UT LACE ...... 09/20/00 MILLER, LINDA J ...... 09/20/00 CASTRO, RAMEILA JAN ...... 09/20/00 ROCHESTER, MN CLOVIS, CA LODI, CA HENNEFER, ROBERTA EI- MILLER, ANDREW F ...... 09/20/00 CAVER, KENNETH WENSTON 09/20/00 LEEN ...... 09/20/00 SCOTTSDALE, AZ NORTH LITTLE ROCK, AR ELKO, CA MOORE, BONNIE ...... 09/20/00 CERKAN, DENISE MARIE ...... 09/20/00 HENSLEY JOBE, BETH ANN .. 09/20/00 SUFFOLK, VA CHICAGO, IL OKLAHOMA CITY, OK MORGAN, JEROLD ...... 09/20/00 CHIDLOWSKY, SERGEI ...... 09/20/00 HOLT, ANDREA JEAN ...... 09/20/00 GILBERT, AZ ROHNERT PARK, CA MOORE, OK MOTLEY, EDWARD J JR ...... 09/20/00 CHOINIERE, DAVID MICHAEL 09/20/00 HOLTAN, LYNN MARIE ...... 09/20/00 CHESTER, PA PARADISE, CA BRIDGEVIEW, IL NIX, TASHA JUAN ...... 09/20/00 CLAPPER, JAMES S ...... 09/20/00 HOWELL, HEATHER ANN RED OAK, OK IOWA CITY, IA MEADOWS ...... 09/20/00 O'CONNER, NANCY ...... 09/20/00 CLAUSE, GRACIANO EVANS 09/20/00 MOUNT JULIET, TN TUCSON, AZ BROOKLYN, NY HUTCHINSON, JIMMIE L ...... 09/20/00 O'ROURKE, TERRENCE ...... 09/20/00 COFFEY, PETER N ...... 09/20/00 BOISE, ID BOONVILLE, NY CHINA, ME INGRASSIA, JOHN FRANK ..... 09/20/00 OROZCO, DAVID FERNAN ..... 09/20/00 COLE, PATRICIA S ...... 09/20/00 STATEN ISLAND, NY CHICAGO, IL SPRINGFIELD, VT JARAMILLO, AARON T ...... 09/20/00 OSRUD, VINCENT J ...... 09/20/00 COLLINS, JERRI L ...... 09/20/00 DENVER, CO HOLLYWOOD, MD ROCKFORD, IL JARVIS, KATHLEEN JOYCE ... 09/20/00 PACK, A STEPHEN ...... 09/20/00 CRISTMAN, MOLLY ...... 09/20/00 STILLWATER, MN MILLWOOD, NY ALEXANDRIA, VA JOHNSON, SHARON PADY, STACY ...... 09/20/00 CRUM, TIMOTHY JAMES ...... 09/20/00 FRANCINE ...... 09/20/00 NEDERLAND, TX JOLIET, IL FORD HEIGHTS, IL PAPE, PAMELA ELLEN ...... 09/20/00 DECARLO, DEBRA MARIE ..... 09/20/00 JONES, VINCENT P III ...... 09/20/00 ALDERSON, WV CLARENCE, NY NEW BRITAIN, CT PARKER, APRIL RENEE ...... 09/20/00 DEMMERS, DANIEL GAREY .. 09/20/00 JOSEPH, BRAD EDWARD ...... 09/20/00 HYATTSVILLE, MD VISALIA, CA PITTSBURGH, PA PATTERSON, LINDA KAY ...... 09/20/00 DIGIORGIO, DOROTHY L ...... 09/20/00 JOYNER, NICHOLAS LAWTON, OK SOMERSWORTH, NH CHARLES ...... 09/20/00 PEARCE, MITCHELL JAME- DRUMMOND, ERNEST M ...... 09/20/00 SON ...... 09/20/00 BAKERSFIELD, CA E PALO ALTO, CA DULL, HEATHER R ...... 09/20/00 KELLY, OBRA DELL ...... 09/20/00 SAN JOSE, CA YORK, PA LITTLE ROCK, AR PERRY, GLENDA A ...... 09/20/00 DUTTON, GWENDOLYNN J ... 09/20/00 KELLY, SHERI LEIGH ...... 09/20/00 LAKE CITY, FL BARRE, VT AYLETT, VA PLANK, JUDITH ANNE ...... 09/20/00 EARLEY, JERRALLDEAN ...... 09/20/00 KEMP, SONYA CHERIS ...... 09/20/00 DAVIS, CA POCAHONTAS, AR CHICAGO, IL PRASKE, BECKY SUE ...... 09/20/00 FATUCH, SUSAN MARIE ...... 09/20/00 KENT, CHARLES FOSTER ..... 09/20/00 AITKIN, MN EL PASO, TX CANTON, CT PRINCE, JONATHAN SWOPE 09/20/00 FORBES, DEBORAH LYNN .... 09/20/00 KING, ELIZABETH ANNE ...... 09/20/00 LAGUNA BEACH, CA THERMAN, CA NEW MILFORD, CT PROKOP-BERGEMANN, FORESTER, SANDY ALAN ..... 09/20/00 KNIGHT, ROBERT ARLIE ...... 09/20/00 LAUREN HELEN ...... 09/20/00 LYNWOOD, WA GOLDEN, CO BRANFORD, CT FOWLER, RICHARD T JR ...... 09/20/00 KUBICEK, TAMMY W ...... 09/20/00 RASMUSSEN, RHETT DAVID 09/20/00 CONWAY, AR HOUSTON, TX BAKERSFIELD, CA FRANK, RUTH MARIE ...... 09/20/00 LAFLAM, MAUREEN ANNE .... 09/20/00 RAU, TIMOTHY J ...... 09/20/00 PEQUOT LAKES, MN GILL, MA PITTSBURGH, PA GALENA, MARY E ...... 09/20/00 LANZ, JAMES EVERETT ...... 09/20/00 REAVES, ROGER S ...... 09/20/00 PUEBLO, CO SAUK RAPIDS, MN FERRON, UT GARLEY, JACQUELYN MARIE 09/20/00 LAUNER, MARY M REED, ROBERT WILLIAM ...... 09/20/00 UNION CITY, CA CALDWELL ...... 09/20/00 VACAVILLE, CA GLADDEN, NYLA MAXINE ...... 09/20/00 JOHNSONBURG, PA REES-LONG, HEATHER LOU- SAN LEANDRO, CA LEE, PHILIP JHUNE WHAN .... 09/20/00 ISE ...... 09/20/00 GREENWAY, RANDALL TODD 09/20/00 HONOLULU, HI SPARLAND, IL ROGERS, AR LEWANDOWSKI, PAULINE M 09/20/00 REYNOLDS, MICHAEL J ...... 09/20/00 GUERRERO, MICHAEL SAN DIEGO, CA SOLEDAD, CA JASON ...... 09/20/00 LINDSAY, RUSSELL VERN ..... 09/20/00 REYNOLDS, LINDA TOMASEK 09/20/00 KINGSBURG, CA SACHSE, TX UNIONTOWN, PA GUNN, GARY M ...... 09/20/00 LOGE, DARLA JEAN ...... 09/20/00 RICE, SHIRLEY H ...... 09/20/00 VerDate 11 Effective Effective Effective Subject city, state date Subject city, state date Subject city, state date SOUTH BOSTON, VA CARSON, CA VAN NUYS, CA RIFKIND, STEPHEN PAUL ...... 09/20/00 WYSOCKI, SHARON M ...... 09/20/00 COPELAND, JERRELLE M ..... 09/20/00 SANTA YNEZ, CA PEORIA, IL APACHE JUNCTION, AZ ROBERTS, JULIE C ...... 09/20/00 YAM, CHE L ...... 09/20/00 CORY, ROBERT GLEN ...... 09/20/00 GOLDEN, CO SACRAMENTO, CA TRABUCO CANYON, CA ROCK, JUDY LYNN ...... 09/20/00 YEDVAB, MIRIAM ...... 09/20/00 CULBERTSON, VIRGINIA B .... 09/20/00 HAMMOND, WI SHERMAN OAKS, CA ROMERO, MARLENE ...... 09/20/00 ZIMMERMAN, DANIEL J ...... 09/20/00 BRAINTREE, MA TRINIDAD, CO HAWTHORNE, NJ DOLAN, CAROLYN L ...... 09/20/00 ROUNDTREE, COSETTA LIMIT MEDICAL SUPPLY ...... 09/20/00 SHAWNEE MISSION, KS LYNN ...... 09/20/00 ROSEMEAD, CA FELTON, DWAYNE A ...... 09/20/00 ST CLOUD, MN NEWMAN, KELLYE DAWN ..... 09/20/00 NEW ORLEANS, LA ROYAL, JEFFREY L ...... 09/20/00 ALEXANDRIA, LA FLOYD, HARVELL L ...... 09/20/00 KENSINGTON, MD TATE, EDWARD ...... 09/20/00 PARK FOREST, IL RYAN, MARGARET A ...... 09/20/00 CLAYTON, MO FONT, DAVID E JR ...... 07/24/00 LOUISVILLE, KY LORAIN, OH RYAN, ROBERT E ...... 09/20/00 FRAUD/KICKBACKS GEORGE, ANTONY M ...... 09/20/00 PARACHUTE, CO SALKIND, SCOTT A ...... 09/20/00 HARRIS, LILLIE MAE ...... 06/30/00 EUCLID, OH CHERRY HILL, NJ HARVEY, IL GROSS, SHEPHERD JR ...... 09/20/00 SANDAKER, GINA M ...... 09/20/00 INTERNATIONAL HEALTH CHICAGO, IL MONTROSE, CO LAB ...... 04/19/00 HARDMAN, RONALD D ...... 09/20/00 SANTOS, ORLANDO ...... 09/20/00 HIALEAH, FL MARSHALL, TX LOS ANGELES, CA PERALTA, MARIANO C ...... 04/19/00 HENDERSON, TERRY L ...... 09/20/00 SEIPERT, KEVIN ERIC ...... 09/20/00 TAMPA, FL FORT THOMAS, KY OREM, UT PONY SYSTEMS LIMITED, HERRON, WOODIE D ...... 08/02/00 SIMMONS, ELIZABETH ANNE 09/20/00 INC...... 06/30/00 ABERDEEN, MS ROYAL, AR HARVEY, IL HURLEY, RANDALL S ...... 09/20/00 SIMMONS, LESTER ALWYN .. 09/20/00 EL DORADO HILLS, CA ENTITIES OWNED/CONTROLLED BY PRESCOTT, AZ SLATON, CYNTHIA NATIONS 09/20/00 CONVICTED KAISER, GORDON W III ...... 09/20/00 YAZOO CITY, MS CHAMBERSBURG, PA SMILEY, JAMES DWIGHT ...... 09/20/00 CHURCH MEDICAL SERV- KAYE, LARRY C ...... 09/20/00 BURLINGAME, CA ICES, P C ...... 09/20/00 CLEVELAND, OH SPEKTOR, IOSEF G ...... 09/20/00 BROOKLYN, NY KING, EDGARD M JR ...... 09/20/00 WOODCLIFF LAKE, NJ JAY DRUGS, INC ...... 09/20/00 SHAWNEE MISSION, KS STELZIG, JONI ELIZABETH .... 09/20/00 COPIAGUE, NY LINDLY, MAURICE T III ...... 09/20/00 SEWICKLEY, PA JULIE ROBERTS, L L C ...... 09/20/00 SALINAS, CA STEWARD, ROBERT H ...... 09/20/00 SPRINGFILED, MO LISNER, BLAINE M ...... 09/20/00 HOUSTON, TX MEDI-EXPRESS MEDICAL ..... 09/20/00 BOWLING GREEN, KY STOVALL WHITTLE, SHELLY MIAMI, FL KAY ...... 09/20/00 MACKEY ANNNING, JUDY A .. 09/20/00 LITTLE ROCK, AR DEFAULT ON HEAL LOAN NEW ORLEANS, LA SUMO, EDWARD QUIQUI ...... 09/20/00 MARTINSON, DAVID L ...... 07/03/00 BROOKLYN PARK, MN ALDEN, THOMAS E ...... 09/20/00 FARGO, ND TANNE, LOUIS ALEXANDER .. 09/20/00 CAMBRIDGE, MA NILES-HASTY, GLORIA Y ...... 09/20/00 CANON CITY, CO ANYAJI, GEORGE I ...... 07/03/00 SAN LORENZO, CA THOMPSON, LORI B ...... 09/20/00 SAN DIEGO, CA OJUKWU, EMEKA P ...... 09/20/00 GRANITE CITY, IL BALDWIN, TIMOTHY ALLEN .. 09/20/00 HOUSTON, TX TURNER, CINDY ...... 09/20/00 WEBSTER, TX PENA, CARMEN F ...... 09/20/00 WELLS, NV BEARDEN, THOMAS R ...... 09/20/00 N BERGEN, NJ FRESNO, CA VALDEPENAS, EDWIN B ...... 09/20/00 REID, SOPHIA B ...... 09/20/00 CHULA VISTA, CA BLEVINS, STEVEN W ...... 09/20/00 PHILADELPHIA, PA VIALPANDO, EVON M ...... 09/20/00 CARY, IL DENVER, CO BLITZ, ARIE ...... 09/20/00 RIVERA-LOPEZ, AIXA ...... 09/20/00 WAGNER, CHRISTINA MARIE 09/20/00 ORANGE, CA CAGUAS, PR EAST BETHEL, MN BOLTON, PAUL K ...... 09/20/00 SCHULTEN, ERIC A ...... 09/20/00 WALSBURG, GARY JOHN ...... 09/20/00 DENVER, CO SARASOTA, FL DULUTH, MN BORDEN, MARK G ...... 09/20/00 STARINSKI, JOHN S ...... 09/20/00 WAYMENT, DARLA ...... 09/20/00 SANTA BARBARA, CA BANGOR, PA MIDVALE, UT BRADSHAW, MARK F ...... 09/20/00 STILLMAN, JEFFREY C ...... 09/20/00 WEISS, TOBA NANCY ...... 09/20/00 WACONIA, MN BINGHAMTON, NY PROVIDENCE, RI BRANTNER, RAY J ...... 09/20/00 SUTPHIN, BARRY W ...... 09/20/00 WELLER, MARK RONALD ...... 09/20/00 PHOENIX, AZ BRADENTON, FL WHITE BEAR LAKE, MN BRYANT, CLIFFORD E ...... 09/20/00 WERNER, DONALD R ...... 09/20/00 GREENVILLE, TN MAHOPOC, NY CANTRELL, EDWARD GENE 09/20/00 Dated: September 13, 2000. WILLIAMS, JOSEPH MATHEW SPRING HILL, KS Calvin Anderson, JR ...... 09/20/00 CARTER, ERIC W JR ...... 09/20/00 Acting Director, Health Care Administrative CHICAGO, IL NASHVILLE, TN Sanctions, Office of Inspector General. WOOD, LAURIE W ...... 09/20/00 CAUSEY, DENNIS M ...... 09/20/00 WILLIAMSBURG, VA SAN FRANCISCO, CA [FR Doc. 00–24345 Filed 9–21–00; 8:45 am] WOODS, VERONICA GAYE .... 09/20/00 COLLINS, MATTHEW W C ...... 09/20/00 BILLING CODE 4150±04±P VerDate 11 DEPARTMENT OF HEALTH AND Comments are invited on: (a) Whether USC 10826(b) requiring the Secretary to HUMAN SERVICES the proposed collections of information promulgate final regulations to carry out are necessary for the proper the PAIMI Act. The regulations contain Substance Abuse and Mental Health performance of the functions of the information collection requirements. Services Administration agency, including whether the The Act authorized funds to support information shall have practical utility; activities on behalf of individuals with Agency Information Collection (b) the accuracy of the agency’s estimate mental illness. Recipients of this Activities: Proposed Collection; of the burden of the proposed collection formula grant program are required by Comment Request of information; (c) ways to enhance the law to annually report their activities quality, utility, and clarity of the In compliance with section information to be collected; and (d) and accomplishments to include the 3506(c)(2)(A) of the Paperwork ways to minimize the burden of the number of individuals served, types of Reduction Act of 1995 concerning collection of information on facilities involved, types of activities opportunity for public comment on respondents, including through the use undertaken and accomplishments proposed collections of information, the of automated collection techniques or resulting from such activities. This Substance Abuse and Mental Health other forms of information technology. summary must also include a separate Services Administration will publish report prepared by the PAIMI Advisory periodic summaries of proposed Proposed Project Council descriptive of its activities and projects. To request more information Protection and Advocacy for assessment of the operations of the on the proposed projects or to obtain a Individuals with Mental Illness (PAIMI) protection and advocacy system. The copy of the information collection Final Rule, 42 CFR Part 51 (OMB No. annual burden estimate for the reporting plans, call the SAMHSA Reports 0930–0172—Extension)—These requirements for these regulations is as Clearance Officer on (301) 443–7978. regulations meet the directive under, 42 follows. Responses Burden per 42 CFR Citation Number of per response Total annual respondents respondent (Hrs.) burden 51.(8)(a)(2) Program Performance Report ...... 56 1 26.0 1,456 1 51.8(8)(a)(8) Advisory Council Report ...... 56 1 10.0 560 1 51.10 Remedial Actions: Corrective Action Plan ...... 6 1 8.0 48 Implementation Status Report ...... 6 3 2.0 36 51.23(c) Reports, materials and fiscal data provided to Advisory Council ...... 56 1 1.0 56 51.25(b)(2) Grievance Procedure ...... 56 1 .5 28 Total ...... 122 ...... 2,184 1 Burden hours associated with these reports are approved under OMB Control No. 0930±0169. Send comments to Nancy Pearce, HUD for suitability for possible use to Dated: September 15, 2000. SAMHSA Reports Clearance Officer, assist the homeless. Fred Karnas, Jr., Room 16–105, Parklawn Building, 5600 Deputy Assistant Secretary for Special Needs EFFECTIVE DATE: September 22, 2000. Fishers Lane, Rockville, MD 20857. Assistance Programs. Written comments should be received FOR FURTHER INFORMATION CONTACT: [FR Doc. 00–24287 Filed 9–21–00; 8:45 am] within 60 days of this notice. Clifford Taffet, Department of Housing BILLING CODE 4210±29±M Dated: September 15, 2000. and Urban Development, Room 7262, Richard Kopanda, 451 Seventh Street SW., Washington, Executive Officer, SAMHSA. DC 20410; telephone (202) 708–1234; DEPARTMENT OF THE INTERIOR TTY number for the hearing- and [FR Doc. 00–24367 Filed 9–22–00; 8:45 am] speech-impaired (202) 708–2565, (these Office of the Secretary BILLING CODE 4162±20±P telephone numbers are not toll-free), or Minerals Management Advisory Board; call the toll-free Title V information line Notice of Renewal/Revision at 1–800–927–7588. AGENCY: Minerals Management Service, DEPARTMENT OF HOUSING AND SUPPLEMENTARY INFORMATION: In Interior. URBAN DEVELOPMENT accordance with the December 12, 1988 court order in National Coalition for the ACTION: Minerals Management Advisory [Docket No. FR±4557±N±38] Homeless v. Veterans Administration, Board Notice of Renewal/Revision. No. 88–2503–OG (D.D.C.), HUD Federal Property Suitable as Facilities SUMMARY: This notice is published in publishes a Notice, on a weekly basis, To Assist the Homeless accordance with section 9(a)(2) of the identifying unutilized, underutilized, Federal Advisory Committee Act (5 AGENCY: Office of the Assistant excess and surplus Federal buildings U.S.C. Appendix). Notice is hereby Secretary for Community Planning and and real property that HUD has given that the Secretary of the Interior Development, HUD. reviewed for suitability for use to assist is renewing the Minerals Management ACTION: Notice. the homeless Today’s Notice is for the Advisory Board Charter. purpose of announcing that no The purpose of the Minerals SUMMARY: This Notice identifies additional properties have been Management Advisory Board is to unutilized, underutilized, excess, and determined suitable or unsuitable this provide advice to the Secretary of the surplus Federal property reviewed by week. Interior and other officers of the VerDate 11 Department of the Interior in the Conservation Act (16 U.S.C. 715d) Concerns were expressed by performance of discretionary functions established authority to acquire constituents of Tennessee of the Outer Continental Shelf Lands migratory bird habitat. National Wildlife Representative Ed Bryant and Missouri Act, as amended, including all aspects Refuge System Administration Act of Representative Jo Ann Emerson relating of leasing, exploration, development, 1966 (16 U.S.C. 668 dd–ee) consolidated to funding of the project and our land and protection of the resources of the all of the different refuge areas into a acquisition program. Written responses OCS. It also allows the Board to advise single refuge ‘‘System’’ with all units of addressing these concerns were made to the Department on discretionary the System now administered by the the respective congressional functions under the Federal Oil and Gas Fish and Wildlife Service and delegations, explaining the sources of Royalty Management Act of 1982, the restrictions placed on the transfer, funding and our land acquisition Federal Oil and Gas Royalty exchange or other disposal of lands program. The State of Tennessee Simplification and Fairness Act, the within the System. concurs with the proposal. Geothermal Steam Act of 1970, and the We are expanding the Chickasaw and In compliance with the National mineral leasing laws for coal and other Lower Hatchie National Wildlife Refuge Environmental Policy Act of 1969, we solid mineral leases. acquisition boundaries by 43,532 acres prepared an environmental assessment FOR FURTHER INFORMATION CONTACT: (17,616.85 ha). This area is located in that evaluates two alternatives and their Further information regarding the Board western Tennessee and is comprised potential impacts on the project areas. may be obtained from the Office of primarily of bottomland hardwoods. Based on the documentation contained Policy and Management Improvement, These refuges lie within 10 miles (16 in the environmental assessment, we Department of the Interior, Minerals km) of each other in Lauderdale and signed a Finding of No Significant Management Service, 1849 C Street, Tipton Counties, Tennessee. The Impact on July 6, 2000, for the acquisition boundaries of both refuges NW., MS 4230, Washington, DC 20240– expansion of Chickasaw and Lower contain approximately 223 private 0001. Hatchie National Wildlife Refuges. We landowners. The tracts within this have completed an interim Certification expanded boundary range from less compatibility determination, and a I hereby certify that the renewal of the than one acre (.4047 ha) to conceptual management plan. Minerals Management Advisory Board approximately 6,000 acres (2,428.12 ha). Comprehensive planning is on the eve Charter is in the public interest in The lands within the expanded of completion to satisfy the connection with the performance of boundary will be acquired from willing requirements under the National duties imposed on the Department of sellers and may include full fee or less Wildlife Refuge System Improvement the Interior by 43 U.S.C. 1331 et seq., 30 than fee title. Less than fee title can Act of 1997. U.S.C. 1701 et seq., and 30 U.S.C. 1001 include easements, leases, and Chickasaw and Lower Hatchie et seq. cooperative agreements that maintain National Wildlife Refuges are some ownership rights with a private administered as part of a much larger Dated: September 15, 2000. landowner. The lands consist of forested refuge complex with the main office Bruce Babbitt, wetlands interspersed with agricultural located in Dyersburg, Tennessee. There Secretary of the Interior. lands and open water. These lands are is adequate funding to allow for [FR Doc. 00–24348 Filed 9–21–00; 8:45 am] home to many species of fish and administration of the expansion areas. BILLING CODE 4310±MR±M wildlife, including migratory birds and waterfowl. Primary Author We notified the public of the Leslie Marler, Management Analyst, DEPARTMENT OF THE INTERIOR proposed refuge expansion and the Branch of Planning and Policy, Division availability of the Draft Environmental of Refuges, National Wildlife Refuge Fish and Wildlife Service Assessment and Land Protection Plan System. for public review through a mass Expansion of Chickasaw and Lower mailing, to approximately 200 affected Dated: September 15, 2000. Hatchie National Wildlife Refuges landowners, on or about November 15, Jamie Rappaport Clark, Director, U.S. Fish and Wildlife Service. AGENCY: Fish and Wildlife Service, 1999. Copies of the document were Interior. provided to representatives of Federal, [FR Doc. 00–24365 Filed 9–21–00; 8:45 am] State and county governments, other BILLING CODE 4310±55±P ACTION: Notice. Federal and State agencies, interested SUMMARY: We are expanding the groups, affected landowners, and the DEPARTMENT OF THE INTERIOR acquisition boundary of the Chickasaw general public. Written comments were accepted through December 15, 1999. and Lower Hatchie National Wildlife Fish and Wildlife Service Refuges by approximately 43,532 acres, Only four written comments on the proposal were received. Comments primarily located in Lauderdale and Endangered and Threatened Wildlife Tipton Counties, Tennessee. supporting the project were received from the State of Tennessee’s Wildlife and Plants; 5-Year Review of Foreign DATES: This would be effective on Resource Agency and two individuals. Listed Psittacine Species September 15, 2000. Only one written comment expressed AGENCY: Fish and Wildlife Service, FOR FURTHER INFORMATION CONTACT: opposition to the project. Several Interior. Charles R. Danner with the Fish and landowners expressed their concerns by ACTION: Notice of review. Wildlife Service in Atlanta, 1–800–419– telephone and were generally 9582. supportive of the project, but had some SUMMARY: We, the U.S. Fish and SUPPLEMENTARY INFORMATION: The Fish questions and concerns regarding the Wildlife Service (Service), announce a and Wildlife Act of 1956 (16 U.S.C. land acquisition process. These review of all endangered and threatened 742a–754j–2) allows the Secretary of concerns were answered either by foreign species in the Order Interior to acquire refuge lands for all telephone or in written responses Psittaciformes (parrots, parakeets, wildlife. The Migratory Bird explaining our acquisition program. macaws, cockatoos, etc.; also known as VerDate 11 Common name Scientific name Historic range Year listed Kakapo (owl parrot) ...... Strigops habroptilus ...... New Zealand ...... 1970 Macaw, glaucous ...... Anodorhynchus glaucus ...... Paraguay, Uraguay, Brazil ...... 1976 Macaw, indigo ...... Anodorhynchus leari ...... Brazil ...... 1976 Macaw, little blue ...... Cyanopsitta spixii ...... Brazil ...... 1976 Parakeet, blue-throated (ochre-marked) ... Pyrrhura cruentata ...... Brazil ...... 1970 Parakeet, Forbes' ...... Cyanoramphus auriceps forbesi ...... New Zealand ...... 1970 Parakeet, golden ...... Aratinga guarouba ...... Brazil ...... 1976 Parakeet, golden-shouldered (hooded) .... Psephotus chrysopterygius ...... Australia ...... 1970 Parakeet, Mauritius ...... Psittacula echo ...... Indian OceanÐMauritius ...... 1970 Parakeet, Norfolk Island ...... Cyanoramphus cookii (novaezelandiae c.) Australia (Norfolk Island) ...... 1990 Parakeet, orange-bellied ...... Neophema chrysogaster ...... Australia ...... 1970 Parakeet, paradise (beautiful) ...... Psephotus pulcherrimus ...... Australia ...... 1970 Parakeet, scarlet-chested (splendid) ...... Neophema splendida ...... Australia ...... 1970 Parakeet, turquoise ...... Neophema pulchella ...... Australia ...... 1970 Parrot, Bahamian or Cuban ...... Amazona leucocephala ...... West IndiesÐCuba, Bahamas, Caymans 1970 Parrot, ground ...... Pezoporus wallicus ...... Australia ...... 1973 Parrot, imperial ...... Amazona imperialis ...... West IndiesÐDominica ...... 1970 Parrot, night (Australian) ...... Geopsittacus occidentalis ...... Australia ...... 1970 Parrot, red-browed ...... Amazona rhodocorytha ...... Brazil ...... 1970 Parrot, red-capped ...... Pionopsitta pileata ...... Brazil ...... 1976 Parrot, red-necked ...... Amazona arausiaca ...... West IndiesÐDominica ...... 1979 Parrot, red-spectacled ...... Amazona pretrei pretrei ...... Brazil, Argentina ...... 1976 Parrot, red-tailed ...... Amazona brasiliensis ...... Brazil ...... 1990 Parrot, Seychelles lesser vasa ...... Coracopsis nigra barklyi ...... Indian OceanÐSeychelles (Praslin Is- 1995 land). Parrot, St. Lucia ...... Amazona versicolor ...... West IndiesÐSt. Lucia ...... 1970 Parrot, St. Vincent ...... Amazona guildingii ...... West IndiesÐSt. Vincent ...... 1970 Parrot, vinaceous-breasted ...... Amazona vinacea ...... Brazil ...... 1976 Why start the review process with communications from the avicultural 1970s, and each species was classified psittacine birds? community and others regarding the as endangered. Since listing, however, We have chosen to begin the review status of these birds. Of more than 350 national legislation in range countries, process with psittacine birds due to the species of psittacine birds, 27 foreign international treaties such as the high level of public interest in these species are listed under the Act. All Convention on International Trade in species. We receive frequent except four species were listed in the Endangered Species of Wild and Fauna VerDate 11 VerDate 11 DEPARTMENT OF THE INTERIOR associated Implementation Agreement, species listed as endangered or are available for review at the following threatened. The Act defines ‘‘take’’ as: Fish and Wildlife Service government offices and libraries: To harass, harm, pursue, hunt, shoot, Government Offices—Fish and wound, kill, trap, capture or collect Availability of Final Clark County Wildlife Service, Southern Nevada Field listed animal species, or attempt to Multiple Species Habitat Conservation Office, 1510 North Decatur Boulevard, engage in such conduct (16 USC 1538). Plan and Environmental Impact Las Vegas, Nevada 89108, (702) 647– ‘‘Harm’’ is further defined by regulation Statement for Clark County, NV 5230; Fish and Wildlife Service, Nevada as any act that kills or injures wildlife Fish and Wildlife Office, 1340 Financial AGENCY: Fish and Wildlife Service, including significant habitat Interior. Boulevard, Suite 234, Reno, Nevada modification or degradation where it 89502, (775) 861–6300; Bureau of Land actually kills or injures wildlife by ACTION: Notice of availability. Management, Las Vegas Field Office, significantly impairing essential SUMMARY: This notice advises the public 4765 Vegas Drive, Las Vegas, Nevada behavioral patterns, including breeding, of the availability of the Final Clark 89108, (702) 647–5000; U.S. Forest feeding, or sheltering (50 CFR 17.3). County Multiple Species Habitat Service, 2881 South Valley View Under certain circumstances, the Conservation Plan (Multispecies Plan) Boulevard, Las Vegas, Nevada 89102, Service may issue permits to authorize and Environmental Impact Statement. (702) 873–8800; National Park Service, ‘‘incidental’’ take of listed animal Clark County, Nevada; the Cities of Las Lake Mead National Recreation Area, species (defined by the Act as take that Vegas, North Las Vegas, Henderson, 601 Nevada Highway, Boulder City, is incidental to, and not the purpose of, Boulder City, and Mesquite; and the Nevada 89005, (702) 293–8946; Nevada the carrying out of an otherwise lawful Nevada Department of Transportation Department of Transportation, activity). The taking prohibitions of the (Applicants) have applied to the Fish Environmental Services Division, 1263 Act do not apply to listed plants on South Stewart Street, Room 104A, and Wildlife Service (Service) for an private land unless their destruction on Carson City, Nevada 89712, (775) 888– incidental take permit pursuant to private land is in violation of State law. 7889; Clark County Department of section 10(a)(1)(B) of the Endangered The Applicants have considered plants Comprehensive Planning, 500 South Species Act of 1973, as amended (Act). in the Multispecies Plan and request Grand Central Parkway, Third Floor, Las The proposed 30-year permit would permits for them to the extent that State Vegas, Nevada 89155, (702) 455–3859; authorize the incidental take of 2 law applies. Regulations governing Clark County Northeast Office, Moapa permits for threatened and endangered federally-listed threatened and Community Center, 320 North Moapa species, respectively, are at 50 CFR endangered species, and 77 non-listed Valley Boulevard, Overton, Nevada, 17.32 and 50 CFR 17.22. species of concern in the event these 89040, (702) 397–6475; City of Las On July 11, 1995, the Service issued species become listed under the Act Vegas, Department of Public Works, 731 an incidental take permit, effective during the term of the permit, in South Fourth Street, Las Vegas, Nevada August 1, 1995, to Clark County; the connection with economic growth and 89101, (702) 229–6541; City of North Cities of Las Vegas, North Las Vegas, development of up to 145,000 acres of Las Vegas Public Works, 2266 Civic Henderson, Mesquite, and Boulder City; non-Federal lands in Clark County. Center Drive, North Las Vegas, Nevada and the Nevada Department of The Service has assisted in the 89030, (702) 633–1225; City of Transportation for the Clark County preparation of the Final Multispecies Henderson, 240 Water Street, Desert Conservation Plan (Desert Plan and an Implementation Agreement Henderson, Nevada 89015, (702) 565– Conservation Plan). This plan provides (legal contract). We also have directed 2474; City of Boulder City, City Hall, conservation measures for the the preparation of a Final 401 California Avenue, Boulder City, threatened desert tortoise (Gopherus Environmental Impact Statement Nevada 89005, (702) 293–9200; and the agassizii), in Clark County. The addressing the potential effects on the City of Mesquite, 10 East Mesquite associated permit authorizes incidental human environment that may result Boulevard, Mesquite, Nevada 89027, take of the desert tortoise in Clark from the granting of an incidental take (702) 346–2835. County consistent with the long-term permit and other Federal actions Library—Clark County Public Library, viability of the species in this portion of associated with implementation of the Main Branch, 833 Las Vegas Boulevard its range. Multispecies Plan. North, Las Vegas, Nevada 89101, (702) The Desert Conservation Plan DATES: We will issue a Record of 382-3493. includes provisions for a proactive Decision and make a permit decision no Alternatively, you may view the Final approach to conservation planning for sooner than October 23, 2000. Multispecies Plan/Environmental multiple species in Clark County. The ADDRESSES: See SUPPLEMENTARY Impact Statement at the following intent was to reduce the likelihood of INFORMATION for addresses of locations website: www.co.clark.nv.us. Click on future listings of plants and wildlife as where you may review copies of the ‘‘Health and the Environment,’’ then threatened or endangered under the Act. documents. click on ‘‘Environmental Planning,’’ and The Multispecies Plan is the direct finally click on ‘‘Habitat Conservation.’’ outgrowth of provisions of the Desert FOR FURTHER INFORMATION CONTACT: Mr. A CD–ROM copy of the document is Conservation Plan and will provide Bob Williams, Field Supervisor of the also available by calling Ms. Sandy stand-alone conservation measures for Nevada Fish and Wildlife Office in Helvey, Administrative Secretary, Clark species included in the plan. We Reno, at (775) 861–6331; or Ms. Janet County Department of Comprehensive anticipate that implementation of the Bair, Assistant Field Supervisor of the Planning, at (702) 455–4181. To view conservation measures in the Southern Nevada Field Office in Las the document, you will need access to Multispecies Plan will be a cooperative Vegas, at (702) 647–5230. an IBM or Macintosh computer with the effort among the Applicants, the SUPPLEMENTARY INFORMATION: capacity to read CD–ROMs. Service, Bureau of Land Management, U.S. Forest Service, National Park Availability of Documents Background Service, Nevada Division of Wildlife, Copies of the Final Multispecies Plan/ Section 9 of the Act and Federal and other Federal and State land Environmental Impact Statement, and regulation prohibit the ‘‘take’’ of animal managers and regulators. VerDate 11 Clark County and the Cities of Las participate in and fund local habitat Dated: September 14, 2000. Vegas, North Las Vegas, Henderson, rehabilitation and enhancement Elizabeth H. Stevens, Mesquite, and Boulder City are seeking programs; and develop and implement Deputy Manager, Region 1, California/Nevada a 30-year permit for the incidental take an adaptive management process that Operations Office, Sacramento, California. of federally-listed threatened and allows for responses to new [FR Doc. 00–24199 Filed 9–21–00; 8:45 am] endangered species, and other non- information. BILLING CODE 4310±55±P listed species of concern in the event The underlying purpose of the that these species become listed under Multispecies Plan is to achieve a the Act during the term of the permit, balance between (1) long-term DEPARTMENT OF THE INTERIOR in connection with the development of conservation of natural habitat and non-Federal lands within Clark County, native plant and animal diversity that Fish and Wildlife Service Nevada. In addition, the Nevada are an important part of the natural Notice of Intent To Prepare an Department of Transportation has joined heritage of Clark County, and (2) the as an Applicant for the permit to allow Environmental Assessment for the orderly and beneficial use of land in Proposed Exchange of Lands With the incidental take of desert tortoise order to promote the economy, health, within desert tortoise habitat below Federal Interest on South Fox Island, well-being, and custom and culture of Leelanau County, Michigan, Between 5,000 feet in elevation and south of the the growing population of Clark County, 38th parallel in Nye, Lincoln, Mineral, the State of Michigan and a Private Nevada. Citizen and Esmeralda Counties, Nevada, and On March 3, 1997, the Service the incidental take of other non-listed published a notice in the Federal AGENCY: Fish and Wildlife Service, species of concern within Clark County Register (62 FR 9443) announcing that Interior, lead; National Park Service, in connection with the construction and the we would take the lead in preparing Interior, cooperating. maintenance of roads, highways, and an Environmental Impact Statement ACTION: Notice of Intent to prepare an material sites. addressing the Federal actions Environmental Assessment for the The permit to the Applicants would associated with the Multispecies Plan. proposed exchange of lands with authorize incidental take of 79 species The notice invited comments on the Federal interest on South Fox Island, on no more than 145,000 acres of land scope of the Environmental Impact Leelanau County, Michigan. potentially available for development in Statement. Our consideration of the SUMMARY: Clark County. This acreage includes comments received were reflected in the This notice advises the public non-Federal lands that currently exist that the U.S. Fish and Wildlife Service Draft Multispecies Plan/Environmental and non-Federal lands which result (FWS) intends to gather the information Impact Statement made available for from sales or transfers from the Federal necessary for the preparation of an EA. comment (65 FR 36709). government after the issuance of the The actions to be evaluated by this EA The Draft Multispecies Plan/ permit. This acreage excludes existing are: (1) The approval by FWS of the development, the Boulder City Environmental Impact Statement exchange of 325.8 acres, acquired by the Conservation Easement established analyzed the potential environmental State with Federal Aid in Wildlife under the current Desert Conservation impacts that may result from the Federal Restoration assistance, for lands with Plan for the desert tortoise, and State action requested in support of the equal monetary and wildlife restoration lands managed for resource values. The proposed development of up to 145,000 values; (2) the approval by the National 79 species proposed for incidental take acres of non-Federal land in Clark Park Service (NPS) for the State to coverage under the Multispecies Plan County, and identified various exchange 115.1 acres with NPS interest (covered species) include 2 listed alternatives, including the No Action for private lands with equal or better species (the desert tortoise and the Alternative, the Proposed Multispecies public value; and (3) the related southwestern willow flycatcher, Plan, the Low Elevation Ecosystems exchange of 212.4 acres of Empidonax traillii extimus), 1 candidate Multispecies Plan, a Permit Only for unencumbered State-owned land for fee for listing (Blue Diamond cholla, Threatened or Endangered and title and easements for private lands of Opuntia whipplei var. multigeniculata), Candidate Species, and Alternative equal value. All acreage is approximate. and 76 unlisted species including 4 Permit Durations for the Multispecies This will consolidate and confine State mammals, 7 birds, 14 reptiles, 1 Plan. Alternatives considered but not ownership to approximately the amphibian, 10 invertebrates, and 40 advanced for further analysis included a northern one-third of South Fox Island, plants. Permit to Include the Entire Mojave Leelanau County, Michigan, about 30 To minimize and mitigate the impacts Desert Ecosystem, a Permit to Mitigate miles WNW of Charlevoix, in Lake of take of species, the Applicants Impacts Only on Non-Federal Lands, Michigan. propose to impose a $550-per-acre and a High Elevation Ecosystems The Service Regional Director is development fee and maintain an Multispecies Plan. considering, under the authority of 50 endowment fund that will provide up to The analysis provided in the Final CFR 80.14 and 43 CFR 12.71, exchange $4.1 million per biennial period to fund Multispecies Plan/Environmental of lands acquired with Federal Aid in conservation measures for covered Impact Statement is intended to Wildlife Restoration funds. The NPS species and to administer the accomplish the following: Inform the and General Service’s Administration Multispecies Plan. The plan includes public of the proposed action and are considering the removal of a title measures to implement a public alternatives; address public comment reversion clause to allow the disposal of information and education program; received during the scoping period; certain lands on South Fox Island and purchase grazing allotments and interest disclose the direct, indirect, and for the placement of a title reversion in real property and water; maintain and cumulative environmental effects of the clause on replacement lands of equal manage allotments, land, and water proposed action and each of the public value. Alternatives could include rights which have been acquired; alternatives; and indicate any approval, disapproval, or modification construct barriers to wildlife movement irreversible commitment of resources of the State’s current proposal of the along linear features such as roads; that would result from implementation land exchange. Modifications could translocate displaced desert tortoises; of the proposed action. include, but are not limited to: changes VerDate 11 VerDate 11 Dated: September 7, 2000. SUPPLEMENTARY INFORMATION: This ACTION: Notice corrections. Kevin Gover, proposed RMPA /FEIS is a plan for SUMMARY: Assistant Secretary—Indian Affairs. managing NCA and contiguous public The Bureau of Land Management published a notice in the [FR Doc. 00–24357 Filed 9–21–00; 8:45 am] lands and resources. The plan addresses Federal Register on August 29, 2000, BILLING CODE 4310±02±P the following public land issues that amend the Rio Puerco RMP: Recreation regarding the availability of the Draft (Visual Resource Management), Access Environmental Impact Report/ DEPARTMENT OF THE INTERIOR and Transportation, Wilderness Environmental Impact Statement on the Suitability, and Boundary and Land proposed expansion of the existing Bureau of Land Management Tenure Adjustments. Issues addressed Mesquite Gold Mine in Imperial County, at the activity plan level are: Recreation, Ca. The notice contains information that [NM±010±1220±DH] Facility Development, Access and has changed. Transportation, Wilderness FOR FURTHER INFORMATION CONTACT: Notice of Availability of a Proposed Management, Wilderness Suitability, Kevin Marty, Bureau of Land Resource Management Plan American Indian Uses and Traditional Management, 1661 South 4th Street, El Amendment (RMPA) and Final Cultural Practices, Cultural Resources, Centro, CA; telephone (760) 337–4422. Environmental Impact Statement Wildlife Habitat, Vegetation, and Corrections (FEIS) ; Albuquerque Field Office, New Boundary & Land Ownership Mexico Adjustments. (a) In the Federal Register of August Under the Proposed Plan BLM would 29, 2000, in DOCID fr29au00-85, on AGENCY: Bureau of Land Management, provide: page 52436, under the DATES caption, Interior. • A combination of developed and change the comment period ending date ACTION: Notice. dispersed recreational opportunities. to November 7, 2000. • (b) On the same page as above, under SUMMARY: The Bureau of Land Approximately 105,000 acres closed to vehicle and mechanical access. the ADDRESSES caption, change the Management (BLM) Albuquerque Field • extension for the Imperial County Office has completed a Proposed Approximately 273 miles of designated vehicle routes. Planning and Building Department to RMPA/FEIS. This document contains a • 4313. 20-year strategy for managing the El Approximately 101,000 acres of designated wilderness with (c) On the same page as above, under Malpais National Conservation Area the FOR FURTHER INFORMATION CONTACT (NCA) and contiguous lands. The approximately 4,000 additional acres recommended for designation. caption, change the Imperial County document also addresses activity level • Planning and Building Department plans for these lands and as required by Emphasis to cultural resource conservation for future use and contact name to Richard Cabanilla, and P.L. 100–225 makes a recommendation change the telephone extension to 4313. of the suitability/nonsuitability of the recommend additional acreage for Chain of Craters Wilderness Study Area inclusion in the NCA to provide for Dated: September 15, 2000. cultural resource management. Greg Thomsen, for inclusion in the wilderness system. • The document also recommends to Management of wildlife habitat for Field Manager. Congress the inclusion of certain habitat improvement. [FR Doc. 00–24371 Filed 9–21–00; 8:45 am] • Vegetative management practices to additional contiguous acres in the BILLING CODE 4310±40±P Cebolla Wilderness and the addition of emphasize health of the land and improvement of ecological conditions. other acres to the NCA. • Copies are available for review at Recommendations to Congress for DEPARTMENT OF THE INTERIOR public libraries in Albuquerque and boundary changes that will provide for National Park Service nearby cities or towns. Additional more effective resource management. Public input has occurred throughout copies are available at the following Notice of Inventory Completion for BLM Offices: Albuquerque Field Office, the planning process and public ˜ comments and BLM’s responses to these Native American Human Remains and 435 Montanno Road NE, Albuquerque, Associated Funerary Objects from New Mexico 87107; New Mexico State comments are included as an important part of this proposed plan. Mills County, IA in the Possession of Office, 1474 Rodeo Road, Santa Fe, New the Office of the State Archaeologist, Mexico 87505. The document will also Dated: September 18, 2000. University of Iowa, Iowa City, IA be available on the internet at Edwin J. Singleton, www.nm.blm.gov. Field Manager. AGENCY: National Park Service, Interior. DATES: Protests related to decisions at [FR Doc. 00–24368 Filed 9–21–00; 8:45 am] ACTION: Notice. BILLING CODE 4310±FB±P the Resource Management Plan level Notice is hereby given in accordance must be filed in writing to: Director with provisions of the Native American (WO–210), Bureau of Land DEPARTMENT OF THE INTERIOR Graves Protection and Repatriation Act Management, Attention: Ms. Brenda (NAGPRA), 43 CFR 10.9, of the Williams, 1849 C Street NW., Bureau of Land Management completion of an inventory of human Washington, DC 20240. Protests must be remains and associated funerary objects postmarked no later than October 30, [CA±067±1990; CA±40204] in the possession of the Office of State 2000. Correction to Notice of Availability of Archaeologist, University of Iowa, Iowa FOR FURTHER INFORMATION CONTACT: Kent the Draft Environmental Impact Report/ City, IA. Hamilton, Planning and Environmental Environmental Impact Statement on This notice is published as part of the Coordinator, Bureau of Land National Park Service’s administrative ˜ the Proposed Expansion of the Management, 435 Montano Road NE, Existing Mesquite Gold Mine responsibilities under NAGPRA, 43 CFR Albuquerque, New Mexico 87107–4935, 10.2 (c). The determinations within this Telephone (505) 761–8746. AGENCY: Bureau of Land Management. notice are the sole responsibility of the VerDate 11 VerDate 11 • Imperial Public Library, 200 W. 9th DEPARTMENT OF THE INTERIOR by November 21, 2000, to be assured of Street, Imperial, California; telephone: consideration. (760) 355–1332 Bureau of Reclamation ADDRESSES: Comments may be mailed to • John A. Trelease, Office of Surface Indio Branch Library, 200 Civic Colorado River Interim Surplus Mining Reclamation and Enforcement, Center Mall, Indio, California; Criteria; Correction telephone: (760) 347–2383 1951 Constitution Ave., NW., Room AGENCY: Bureau of Reclamation, 210–SIB, Washington, DC 20240. • Palm Springs Library, 300 S. Sunrise Interior. Comments may also be submitted Way, Palm Springs, California; ACTION: electronically to [email protected]. telephone: (760) 322–7323 Notice of correction to published Federal Register notice of FOR FURTHER INFORMATION CONTACT: To • San Diego Central Library, 820 E availability. request a copy of the information Street, San Diego, California; collection request, explanatory telephone: (619) 236–5800 SUMMARY: The Bureau of Reclamation is information and related form, contact correcting information published in the • Los Angeles Public Library, 630 W. John A. Trelease, at (202) 208–2783. Federal Register issue date of Tuesday, Fifth Street, Los Angeles, California SUPPLEMENTARY INFORMATION: The Office August 8, 2000 (Vol. 65, No. 153). 90071; telephone: (213) 228–7000 of Management and Budget (OMB) FOR FURTHER INFORMATION CONTACT: For regulations at 5 CFR 1320, which SUPPLEMENTARY INFORMATION: This additional information, contact Ms. implement provisions of the Paperwork DEIS/DEIR is a revised and updated Jayne Harkins at (702) 293–8785. Reduction Act of 1995 (Pub. L. 104–13), version of a DEIS/DEIR for the Coachella SUPPLEMENTARY INFORMATION: On page require that interested members of the Canal Lining Project filed by 48534, in Table 1., ‘‘Cooperative Water public and affected agencies have an Reclamation and the CVWD and issued Conservation/Transfer Projects’’, under opportunity to comment on information for public comment on January 11, the column labeled ‘‘Cooperative water collection and recordkeeping activities 1994. At that time, because of funding conservation/transfer projects’’, the [see 5 CFR 1320.8 (d)]. This notice constraints, construction of the project footnote for ‘‘All American Canal identifies information collections that was deferred, and a Final EIS/EIR was Lining-MWD/SLR’’ should be ‘‘4’’ OSM will be submitting to OMB for not completed. The proposed action instead of ‘‘3.’’ In the ‘‘Estimated start extension. This collection is contained evaluated in the revised DEIS/DEIR is date’’ column of the same table, the in 30 CFR 840. the same as in the previous document— footnote for year ‘‘2006’’ should be ‘‘5’’ OSM has received burden estimates, to install a concrete lining within the instead of ‘‘4.’’ where appropriate, to reflect current existing cross-section of unlined On page 48536, in the far right reporting levels or adjustments based on portions of the canal (33.2 miles) using column, subsection ‘‘IV.B.3.b.’’ should reestimates of burden or respondents. conventional construction methods and read ‘‘Allocate and distribute the OSM will request a 3-year term of diverting water around each section Quantified Surplus 50% to California, approval for this information collection activity. while it is being lined. Alternatives 46% to Arizona and 4% to Nevada subject to c. though f. that follow.’’ Comments are invited on: (1) The evaluated in the DEIS/DEIR, also the instead of ‘‘* * * subject to c. though g. need for the collection of information same as in the original DEIS/DEIR, that follow.’’ for the performance of the functions of include No Action, Underwater Lining, Dated: September 15, 2000. the agency; (2) the accuracy of the and Parallel Canal Construction. agency’s burden estimates; (3) ways to Robert W. Johnson, The purpose of this federal action is enhance the quality, utility and clarity to conserve 30,850 acre-feet annually of Regional Director. of the information collection; and (4) water presently being lost as seepage [FR Doc. 00–24424 Filed 9–21–00; 8:45 am] ways to minimize the information from the earthen reaches of the BILLING CODE 4310±MN±P collection burden on respondents, such Coachella Canal. A specific quantity of as use of automated means of collection of the information. A summary of the conserved water would be assigned to DEPARTMENT OF THE INTERIOR the Department of the Interior to public comments will accompany facilitate implementation of the San Office of Surface Mining Reclamation OSM’s submission of the information Luis Rey Indian Water Rights Settlement and Enforcement collection request to OMB. Act (Public Law 100–675, November 17, This notice provides the public with 1988). Remaining quantities of Notice of Proposed Information 60 days in which to comment on the following information collection conserved water would be distributed to Collection activity: southern California to meet present AGENCY: Office of Surface Mining Title: Permanent Program Inspection water demand and to assist the State in Reclamation and Enforcement. and Enforcement Procedures, 30 CFR attaining the goals of California’s ACTION: Notice and request for Part 840. Colorado River Water Use Plan. The comments. OMB Control Number: 1029–0051. federal action includes approval of Abstract: This provision requires the transfers and exchanges of conserved SUMMARY: In compliance with the regulatory authority to conduct periodic Coachella canal water among Paperwork Reduction Act of 1995, the inspections of coal mining activities, California’s Colorado River water Office of Surface Mining Reclamation and prepare and maintain inspection contractors. and Enforcement (OSM) is announcing reports for public review. This its intention to renew its authority to Dated: September 13, 2000. information is necessary to meet the collect information for the permanent requirements of the Surface Mining Robert W. Johnson, program inspection and enforcement Control and Reclamation Act of 1977 Regional Director. procedures at 30 CFR Part 840. and its public participation provisions. [FR Doc. 00–24425 Filed 9–21–00; 8:45 am] DATES: Comments on the proposed Public review assures the public that the BILLING CODE 4310±MN±P information collection must be received State is meeting the requirements for the VerDate 11 Act and approved State regulatory control number. The OMB control DEPARTMENT OF THE INTERIOR program. number for this collection of Bureau Form Number: None. information is listed in 30 CFR Part 700, Office of Surface Mining Reclamation Frequency of Collection: Once, which is 1029–0094. and Enforcement monthly, quarterly, and annually. As required under 5 CFR 1320.8(d), a Description of Respondents: State Proposed Wright Junior/Senior High Federal Register notice soliciting Regulatory Authorities. School Improvements Project in Total Annual Responses: 99,013. comments on these collections of Wyoming Total Annual Burden Hours: 578,509. information was published on June 28, 2000 (65 FR 39924). No comments were AGENCY: Office of Surface Mining Dated: September 18, 2000. received. This notice provides the Reclamation and Enforcement (OSM), Interior. Richard G. Bryson, public with an additional 30 days in Chief, Division of Regulatory Support. which to comment on the following ACTION: Notice of application for grant [FR Doc. 00–24373 Filed 9–21–00; 8:45 am] information collection activity: funding; public comment period on BILLING CODE 4310±05±M request to fund the Wright Junior/Senior Title: General, 30 CFR Part 700. High School improvements project. OMB Control Number: 1029–0094. SUMMARY: DEPARTMENT OF THE INTERIOR OSM is announcing its receipt Summary: This Part establishes of a grant application from the Wyoming procedures and requirements for Office of Surface Mining Reclamation Department of Environmental Quality, and Enforcement terminating jurisdiction of surface coal Abandoned Mine Land Division mining and reclamation operations, (AMLD). Wyoming is requesting Notice of Proposed Information petitions for rulemaking, and citizen $500,000 from the Abandoned Mine Collection suits filed under the Surface Mining Reclamation Fund to pay approximately Control and Reclamation Act of 1977. 50 percent of the cost of building the AGENCY: Office of Surface Mining Bureau Form Number: None. Wright Junior/Senior High School Reclamation and Enforcement, Interior. Improvements project in Campbell ACTION: Notice and request for Frequency of Collection: Once. County, Wyoming. In its application, comments. Description of Respondents: State and the State proposes paying for part of the tribal regulatory authorities, private reconstruction cost as a public facility SUMMARY: In compliance with the citizens and citizen groups, and surface project that will benefit a community Paperwork Reduction Act of 1995, the coal mining companies. impacted by coal and mineral mining Office of Surface Mining Reclamation Total Annual Responses: 6. activities. and Enforcement (OSM) is announcing This notice describes when and where that the information collection request Total Annual Burden Hours: 12. the Wyoming abandoned mine land for the title described below has been Send comments on the need for the (AML) program and the grant forwarded to the Office of Management collections of information for the application for funding the Wright and Budget (OMB) for review and performance of the functions of the Junior/Senior High School comment. The information collection agency; the accuracy of the agency’s Improvements project are available for request describes the nature of the burden estimates; ways to enhance the you to read. It also sets the time period information collection and the expected during which you may send written burden and cost. quality, utility and clarity of the information collections; and ways to comments on the request to us. DATES: Comments must be submitted on minimize the information collection DATES: We will accept written or before October 23, 2000, to be assured burdens on respondents, such as use of comments until 4:00 p.m., m.s.t., of consideration. automated means of collections of the October 23, 2000. FOR FURTHER INFORMATION CONTACT: To information, to the following addresses. ADDRESSES: You should mail or hand- request a copy of the information Please refer to the appropriate OMB deliver written comments to Guy V. collection request, explanatory control number in all correspondence. Padgett, Casper Field Office Director, at information and related form, contact the address shown below. You may read John A. Trelease (202) 208–2783. ADDRESSES: Office of Information and Wyoming’s grant application for this SUPPLEMENTARY INFORMATION: The Office Regulatory Affairs, Office of proposed project during normal of Management and Budget (OMB) Management and Budget, Attention: business hours Monday through Friday regulations at 5 CFR 1320, which Department of Interior Desk Officer, 725 (excluding holidays) at the same implement provisions of the Paperwork 17th Street, NW., Washington, DC address. Also, we will send one free Reduction Act of 1995 (Pub. L. 104–13), 20503. Also, please send a copy of your copy of the grant application to you if require that interested members of the comments to John A. Trelease, Office of you contact OSM’s Casper Field Office. public and affected agencies have an Surface Mining Reclamation and Guy V. Padgett, Director, Casper Field opportunity to comment on information Enforcement, 1951 Constitution Ave., Office, Office of Surface Mining collection and recordkeeping activities NW., Room 210–SIB, Washington, DC Reclamation and Enforcement, Federal (see 5 CFR 1320.8(d)). OSM has 20240, or electronically to Building, Rm. 2403, 100 East ‘‘B’’ Street, submitted a request to OMB to renew its [email protected]. Casper, Wyoming 82601–1918. approval of the collection of information FOR FURTHER INFORMATION CONTACT: Guy contained in 30 CFR 700, General. OSM Dated: September 18, 2000. V. Padgett, Telephone: (307) 261–6555. is requesting a 3-year term of approval Richard G. Bryson, Our practice is to make comments, for this information collection activity. Chief, Division of Regulatory Support. including names and home addresses of An agency may not conduct or [FR Doc. 00–24374 Filed 9–21–00; 8:45 am] respondents, available for public review sponsor, and a person is not required to BILLING CODE 4310±05±M during regular business hours. respond to, a collection of information Individual respondents may request that unless it displays a currently valid OMB we withhold their home address from VerDate 11 VerDate 11 High School Improvements project Rock Springs Stormwater Improvement purpose of the AMLR program is to contains the information described in project in Sweetwater County, reclaim and restore lands and waters these seven subsections. Wyoming. In its application, the State that were adversely affected by past Section 875.15(f) requires us to proposes paying for part of the mining. The program is funded by a evaluate all comments we receive and reconstruction cost as a public facility reclamation fee paid by active coal determine whether the funding meets project that will benefit a community mining operations. Lands and waters the requirements of sections 875.15(e) impacted by coal and mineral mining eligible for reclamation under Title IV (1) through (7) described above. It also activities. are primarily those that were mined, or requires us to determine if the request This notice describes when and where affected by mining, and abandoned or is in the best interests of the State’s the Wyoming abandoned mine land inadequately reclaimed before August 3, AML project. We will approve (AML) program and the grant 1977, and for which there is no Wyoming’s request to fund this project application for funding the Rock continuing reclamation responsibility if we conclude that it meets all the Springs Stormwater Channel under State, Federal, or other laws . requirements of 30 CFR 875.15. Improvement project are available for Title IV of SMCRA allows States to you to read. It also sets the time period submit AMLR plans to us. We, on behalf V. What to Do if You Want to Comment during which you may send written of the Secretary, review those plans and on the Proposed Project comments on the request to us. consider any public comments we We are asking for public comments on DATES: We will accept written receive about them. If we determine that Wyoming’s request for funds to pay for comments until 4 p.m., m.s.t. October a State has the ability and necessary part of the cost of completing the Wright 23, 2000. legislation to operate an AMLR program, Junior/Senior High School the Secretary can approve it. The ADDRESSES: You should mail or hand- Secretary’s approval gives a State Improvements Project. You are welcome deliver written comments to Guy v. exclusive authority to put its AMLR to comment on the project. If you do, Padgett, Casper Field Office Director, at please send us written comments. Make plan into effect. the address shown below. You may read Once the Secretary approves a State’s sure your comments are specific and Wyoming’s grant application for this pertain to Wyoming’s funding request in AMLR plan, the State may annually proposed project during normal apply to us for money to fund specific the context of the regulations at 30 CFR business hours Monday through Friday 875.15 and the provisions of section 411 projects that will achieve the goals of its (excluding holidays) at the same approved plan. We follow the of SMCRA. You should explain any address. Also, we will send one free recommendations you make. If we requirements of the Federal regulations copy of the grant application to you if at 30 CFR Parts 874, 875, and 886 when receive your comments after the time you contact OSM’s Casper Field Office. shown under DATES or at locations other we review and approve such Guy V. Padgett, Director, Casper Field applications. than the Casper Field Office, we will not Office, Office of Surface Mining necessarily consider them in our final Reclamation and Enforcement, Federal II. Background on the Wyoming AMLR decision or include them in the Building, Rm. 2403, 100 East ‘‘B’’ Street, Plan administrative record. Casper, Wyoming 82601–1918. The Secretary of the Interior approved Dated: September 8, 2000. FOR FURTHER INFORMATION CONTACT: Guy Wyoming’s AMLR plan on February 14, Guy Padgett, V. Padgett, Telephone: (307) 261–6555. 1983. You can find background Director, Casper Field Office. Our practice is to make comments, information on the Wyoming AML [FR Doc. 00–24375 Filed 9–21–00; 8:45 am] including names and home addresses of program, including the Secretary’s BILLING CODE 4310±05±M respondents, available for public review findings and our responses to during regular business hours. comments, in the February 14, 1983, Individual respondents may request that Federal Register (48 FR 6536). DEPARTMENT OF THE INTERIOR we withhold their home address from Wyoming changed its plan a number of the administrative record, which we times since the Secretary first approved Office of Surface Mining Reclamation will honor to the extent allowable by it. In 1984, we accepted the State’s and Enforcement law. There also may be circumstances in certification that it addressed all known which we would withhold from the coal-related impacts in Wyoming that Proposed Rock Springs Stormwater administrative record a respondent’s were eligible for funding under its Channel Improvements Project in identify, as allowable by law. If you program. As a result, the State may now Wyoming wish us to withhold your name and/or reclaim low priority non-coal AGENCY: Office of Surface Mining address, you must state this reclamation projects. You can read Reclamation and Enforcement (OSM), prominently at the beginning of your about the certification and OSM’s Interior. comment. However, we will not acceptance in the May 25, 1984, Federal ACTION: Notice of application for grant consider anonymous comments. We Register (49 FR 22139). At the same funding; public comment period on will make all submissions from time, we also accepted Wyoming’s request to fund the Rock Springs organizations or businesses, and from proposal that it will ask us for funds to Stormwater Channel improvements individuals identifying themselves as reclaim any additional coal-related project. representative or officials of problems that occur during the life of organizations or businesses, available the Wyoming AML program as soon as SUMMARY: OSM is announcing its receipt for public inspection in their entirety. it becomes aware of them. In the April of a grant application from the Wyoming SUPPLEMENTARY INFORMATION: 13, 1992, Federal Register (57 FR Department of Environmental Quality, 12731), we announced our decision to Abandoned Mine Land Division I. Background on Title IV of SMCRA accept other changes in Wyoming’s plan (AMLD). Wyoming is requesting Title IV of the Surface Mining Control that describe how it will rank eligible $189,333 from the Abandoned Mine and Reclamation Act (SMCRA) coal, non-coal, and facility projects for Reclamation Fund to pay approximately established an Abandoned Mine Land funding. Those changes also authorized 50 percent of the cost of building the Reclamation (AMLR) program. The the Governor of Wyoming to elevate the VerDate 11 VerDate 11 Guy V. Padgett, Director, Casper Field we review and approve such III. Wyoming’s Request to Fund Part of Office, Office of Surface Mining applications. the Cost of the Sheridan Slope Stability Reclamation and Enforcement, Federal Project Building, Rm. 2403, 100 East ‘‘B’’ Street, II. Background on the Wyoming AMLR Plan The Wyoming Department of Casper, Wyoming 82601–1918. Environmental Quality submitted to us FOR FURTHER INFORMATION CONTACT: Guy The Secretary of the Interior approved a grant application requesting new V. Padgett, Telephone: (307) 261–6555. Wyoming’s AMLR plan on February 14, funding for the FY2002 consolidated Our practice is to make comments, 1983. You can find background grant. In that application, Wyoming including names and home addresses of information on the Wyoming AML asked for $346,725 that it will use to pay respondents, available for public review program, including the Secretary’s for part of the cost of building the during regular business hours. findings and our responses to Sheridan Slope Stability project. This Individual respondents may request that comments, in the February 14, 1983, project is a public facility in a we withhold their home address from Federal Register (48 FR 6536). community impacted by coal and the administrative record, which we Wyoming changed its plan a number of mineral mining activities. The requested will honor to the extent allowable by times since the Secretary first approved funding is 50 percent of the project’s law. There also may be circumstances in it. In 1984, we accepted the State’s total cost. Money for the balance of the which we would withhold from the certification that it addressed all known project cost will come from the Town of administrative record a respondent’s coal-related impacts in Wyoming that Sheridan (50 percent). The Governor of identity, as allowable by law. If you were eligible for funding under its Wyoming certified the need and wish us to withhold your name and/or program. As a result, the State may now urgency to fund the Sheridan Slope address, you must state this reclaim low priority non-coal Stability project prior to completing the prominently at the beginning of your reclamation projects. You can read State’s remaining inventory of non-coal comment. However, we will not reclamation, as allowed by section consider anonymous comments. We about the certification and OSM’s acceptance in the May 25, 1984, Federal 411(f) of SMCRA. That certification says will make all submissions from the project is in a community impacted organizations or businesses, and from Register (49 FR 22139). At the same time, we also accepted Wyoming’s by coal and mineral mining activities. individuals identifying themselves as The project consists of stabilization of a proposal that it will ask us for funds to representative or officials of high bank of Big Goose Creek. Fills for reclaim any additional coal-related organizations or businesses, available an athletic field, a hillside road, erosion problems that occur during the life of for public inspection in their entirety. from an existing storm drain, saturation the Wyoming AML program as soon as SUPPLEMENTARY INFORMATION: of the hillside, and naturally unstable it becomes aware of them. In the April soils have caused slumping and created I. Background on Title IV of SMCRA 13, 1992, Federal Register (57 FR the potential for a major slope failure. Title IV of the Surface Mining Control 12731), we announced our decision to This slope failure could block Big Goose and Reclamation Act (SMCRA) accept other changes in Wyoming’s plan Creek and cause flooding that may cause established an Abandoned Mine Land that describe how it will rank eligible property damage or loss of life. Reclamation (AMLR) program. The coal, non-coal, and facility projects for The Governor’s certification states purpose of the AMLR program is to funding. Those changes also authorized that the project meets the requirements reclaim and restore lands and waters the Governor of Wyoming to elevate the for his certification under the authority that were adversely affected by past priority of a project based upon the of Wyoming Statute W.S. 35–11–1202(c) mining. The program is funded by a Governor’s determination of need and and the AML Regulations, Chapter VII, reclamation fee paid by active coal urgency. They also expanded the State’s Section 6(c). mining operations. Lands and waters ability to construct public facilities eligible for reclamation under Title IV under section 411 of SMCRA. We IV. How We Will Review Wyoming’s are primarily those that were mined, or approved additional changes in Grant Application affected by mining, and abandoned or Wyoming’s plan concerning noncoal We will review this grant application inadequately reclaimed before August 3, lien authority and contractor eligibility with respect to the regulations at 30 CFR 1977, and for which there is no that improve the efficiency of the State’s 875.15, specifically subsections continuing reclamation responsibility AML program. That approval is 875.15(e)(1) through (7). As stated in under State, Federal, or other laws. described in the February 21, 1996, those regulations, the application must Title IV of SMCRA allows States to Federal Register (61 FR 6537). include the following information: (1) submit AMLR plans to us. We, on behalf Once a State certifies that it has The need or urgency for the activity or of the Secretary, review those plans and addressed all remaining abandoned coal the construction of the public facility; consider any public comments we mine problems, and the Secretary (2) the expected impact the project will have on Wyoming’s coal or minerals receive about them. If we determine that concurs, then it may request funds to a State has the ability and necessary industry; (3) the availability of funding undertake abandoned noncoal mine legislation to operate an AMLR program, from other sources and, if other funding reclamation, community impact the Secretary can approve it. The is provided, its percentage of the total assistance, and public facilities projects Secretary’s approval gives a State costs involved; (4) documentation from under sections 411(b), (e), and (f), of exclusive authority to put its AMLR other local, State, and Federal agencies SMCRA. plan into effect. with oversight for such utilities or Once the Secretary approves a State’s State law and regulations that apply facilities describing what funding they AMLR plan, the State may annually to the proposed Sheridan Slope Stability have available and why their agency is apply to us for money to fund specific funding request include Wyoming not fully funding this specific project; projects that will achieve the goals of its Statute 35–11–1202 and Wyoming (5) the impact on the State, the public, approved plan. We follow the Abandoned Mine Land Regulations, and the minerals industry if the facility requirements of the Federal regulations Chapter VII, of the Wyoming is not funded; (6) the reason why this at 30 CFR Parts 874, 875, and 886 when Abandoned Mine Program. project should be selected before a VerDate 11 VerDate 11 VerDate 11 DATES: We will accept written receive about them. If we determine that reclamation, community impact comments until 4 p.m., m.s.t., October a State has the ability and necessary assistance, and public facilities projects 23, 2000. legislation to operate an AMLR program, under sections 411(b), (e), and 9f), of ADDRESSES: You should mail or hand- the Secretary can approve it. The SMCRA. deliver written comments to Guy V. Secretary’s approval gives a State State law and regulations that apply Padgett, Casper Field Office Director, at exclusive authority to put its AMLR to the proposed Hudson school funding the address shown below. You may read plan into effect. request include Wyoming Statute 35– Wyoming’s grant application for this Once the Secretary approves a State’s 11–1202 and Wyoming Abandoned proposed project during normal AMLR plan, the State may annually Mine Land Regulations, Chapter VII, of business hours Monday through Friday apply to us for money to fund specific the Wyoming Abandoned Mine (excluding holidays) at the same projects that will achieve the goals of its Program. approved plan. We follow the address. Also, we will send one free III. Wyoming’s Request To Fund Part of requirements of the Federal regulations copy of the grant application to you if the Cost of the Hudson Elementary at 30 CFR Parts 874, 875, and 886 when you contact OSM’s Casper Field Office: School Improvements Project Guy V. Padgett, Director, Casper Field we review and approve such applications. The Wyoming Department of Office, Office of Surface Mining Environmental Quality submitted to us Reclamation and Enforcement, Federal II. Background on the Wyoming AMLR a grant application requesting new Building, Rm. 2403, 100 East ‘‘B’’ Street, Plan funding for the FY2002 consolidated Casper, Wyoming 82601–1918. The Secretary of the Interior approved grant. In that application, Wyoming FOR FURTHER INFORMATION CONTACT: Guy Wyoming’s AMLR plan on February 14, asked for $196,213 that it will use to pay V. Padgett, Telephone: (307) 261–6555. 1983. You can find background for part of the cost of building the Our practice is to make comments, information on the Wyoming AML Hudson Elementary School including names and home addresses of program, including the Secretary’s Improvements project. This project is a respondents, available for public review findings and our responses to public facility in a community impacted during regular business hours. comments, in the February 14, 1983, by uranium and iron ore mineral mining Individual respondents may request that Federal Register (48 FR 6536). activities. The requested funding is 50 we withhold their home address from Wyoming changed its plan a number of percent of the project’s total cost. Money the administrative record, which we times since the Secretary first approved for the balance of the project cost will will honor to the extent allowable by it. In 1984, we accepted the State’s come from the Fremont County School law. There also may be circumstances in certification that it addressed all known District #1 (50 percent). The Governor of which we would withhold from the coal-related impacts in Wyoming that Wyoming certified the need and administrative record a respondent’s were eligible for funding under its urgency to fund the Hudson Elementary identity, as allowable by law. If you program. As a result, the State may now School Improvements project prior to wish us to withhold your name and/or reclaim low priority non-coal completing the State’s remaining address, you must state this reclamation projects. You can read inventory of non-coal reclamation, as prominently at the beginning of your about the certification and OSM’s allowed by section 411(f) of SMCRA. comment. However, we will not acceptance in the May 25, 1984, Federal That certification says the project is in consider anonymous comments. We Register (49 FR 22139). At the same a community impacted by mineral will make all submissions from time, we also accepted Wyoming’s mining activities. The project consists of organizations or businesses, and from proposal that it will ask us for funds to demolition of the 1914 era portion of the individuals identifying themselves as reclaim any additional coal-related Hudson Elementary School and representative or officials of problems that occur during the life of construction of an addition to house organizations or businesses, available the Wyoming AML program as soon as facilities necessary to support the for public inspection in their entirety. it becomes aware of them. In the April kindergarten through third grade. SUPPLEMENTARY INFORMATION: 3, 1992, Federal Register (57 FR 12731), Portions of the current building have we announced our decision to accept I. Background on Title IV of SMCRA been condemned by the state fire other changes in Wyoming’s plan that marshal due to physical unsoundness in Title IV of the Surface Mining Control describe how it will rank eligible coal, case of high wind or earthquake. The and Reclamation Act (SMCRA) non-coal, and facility projects for roof and chimney poses a safety hazard established an Abandoned Mine Land funding. Those changes also authorized for the children in the Hudson School. Reclamation (AMLR) program. The the Governor of Wyoming to elevate the The Governor’s certification states purpose of the AMLR program is to priority of a project based upon the that the project meets the requirements reclaim and restore lands and waters Governor’s determination of need and for his certification under the authority that were adversely affected by past urgency. They also expanded the State’s of Wyoming Statute W.S. 35–11–1202(c) mining. The program is funded by a ability to construct public facilities and the AML Regulations, Chapter VII, reclamation fee paid by active coal under section 411 of SMCRA. We Section 6(c). mining operations. Lands and waters approved additional changes in eligible for reclamation under Title IV Wyoming’s plan concerning noncoal IV. How We Will Review Wyoming’s are primarily those that were mined, or lien authority and contractor eligibility Grant Application affected by mining, and abandoned or that improve the efficiency of the State’s We will review this grant application inadequately reclaimed before August 3, AML program. That approval is with respect to the regulations at 30 CFR 1997, and for which there is no described in the February 21, 1996, 875.15, specifically subsections continuing reclamation responsibility Federal Register (61 FR 6537). 875.15(e)(1) through (7). As stated in under State, Federal, or other laws. Once a State certifies that it has those regulations, the application must Title IV of SMCRA allows States to addressed all remaining abandoned coal include the following information: (1) submit AMLR plans to us. We, on behalf mine problems, and the Secretary The need or urgency for the activity or of the Secretary, review those plans and concurs, then it may request funds to the construction of the public facility; consider any public comments we undertake abandoned noncoal mine (2) the expected impact the project will VerDate 11 VerDate 11 Wyoming changed its plan a number of requested funding is 50 percent of the Section 875.15(f) requires us to times since the Secretary first approved project’s total cost. Money for the evaluate all comments we received and it. In 1984, we accepted the State’s balance of the project cost will come determine whether the funding meets certification that it addressed all known from the Town of Medicine Bow (50 the requirements of sections 875.15(e)(1) coal-related impacts in Wyoming that percent). The Governor of Wyoming through (7) described above. It also were eligible for funding under its certified the need and urgency to fund requires us to determine if the request program. As a result, the State may now the Medicine Bow Water Treatment is in the best interests of the State’s reclaim low priority non-coal Plant project prior to completing the AML program. We will approve reclamation projects. You can read State’s remaining inventory of non-coal Wyoming’s request to fund this project about the certification and OSM’s reclamation, as allowed by section if we conclude that it meets all the acceptance in the May 25, 1984, Federal 411(f) of SMCRA. That certification says requirements of 30 CFR 875.15. Register (49 FR 22139). At the same the project is in a community impacted time, we also accepted Wyoming’s by coal and mineral mining activities. V. What To Do if You Want To proposal that it will ask us for funds to The project consists of constructing an Comment on the Proposed Project reclaim any additional coal-related ion exchange water treatment facility We are asking for public comments on problems that occur during the life of designed to remove Radium 226 and Wyoming’s request for funds to pay for the Wyoming AML program as soon as 228 from the Medicine Bow municipal part of the cost of completing the it becomes aware of them. In the April public water supply. The project will Medicine Bow Water Treatment Plant 13, 1992, Federal Register (57 FR bring the supply into compliance with Improvements Project. You are welcome 12731), we announced our decision to EPA drinking water standards and will to comment on the project. If you do, accept other changes in Wyoming’s plan rectify inadequacies that have resulted please send us written comments. Make that describe how it will rank eligible in an Enforcement Order against the sure your comments are specific and coal, non-coal, and facility projects for town. Current treatment consists of pertain to Wyoming’s funding request in funding. Those changes also authorized chlorination only. the context of the regulations at 30 CFR the Governor of Wyoming to elevate the The Governor’s certification states 875.15 and the provisions of section 411 priority of a project based upon the that the project meets the requirements of SMCRA. You should explain any Governor’s determination of need and for his certification under the authority recommendations you make. If we urgency. They also expanded the State’s of Wyoming Statute W.S. 35–11–1202(c) receive your comments after the time ability to construct public facilities and the AML Regulations, Chapter VII, shown under DATES or at locations other under section 411 of SMCRA. We Section 6(c). than the Casper Field Office, we will not approved additional changes in IV. How We Will Review Wyoming’s necessarily consider them in our final Wyoming’s plan concerning noncoal Grant Application decision or include them in the lien authority and contractor eligibility administrative record. that improve the efficiency of the State’s We will review this grant application Dated: September 12, 2000. AML program. That approval is with respect to the regulations at 30 CFR described in the February 21, 1996, 875.15, specifically subsections Guy Padgett, Federal Register (61 FR 6537). 875.15(e) through (7). As stated in those Director, Casper Field Office. Once a State certifies that it has regulations, the application must [FR Doc. 00–24380 Filed 9–21–00; 8:45 am] addressed all remaining abandoned coal include the following information: (1) BILLING CODE 4310±05±M mine problems, and the Secretary The need or urgency for the activity or concurs, then it may request funds to the construction of the public facility; undertake abandoned noncoal mine (2) the expected impact the project will DEPARTMENT OF THE INTERIOR reclamation, community impact have on Wyoming’s coal or minerals assistance, and public facilities projects industry; (3) the availability of funding Office of Surface Mining Reclamation under sections 411(b), (e), and (f), of from other sources and, if other funding and Enforcement is provided, its percentage of the total SMCRA. Proposed Frannie Sewer Line State law and regulations that apply costs involved; (4) documentation from Replacement Project in Wyoming to the proposed Medicine Bow Water other local, State, and Federal agencies Treatment Plant Improvement project with oversight for such utilities or AGENCY: Office of Surfacing Mining funding request include Wyoming facilities describing what funding they Reclamation and Enforcement (OSM), Statute 35–11–1202 and Wyoming have available and why their agency is Interior. Abandoned Mine Land Regulations not fully funding this specific project; ACTION: Notice of application for grant Chapter VII, of the Wyoming (5) the impact on the State, the public, funding; public comment period on Abandoned Mine Program. and the minerals industry if the facility request to fund the Frannie sewer line is not funded; (6) the reason why this replacement project. III. Wyoming’s Request To Fund Part of project should be selected before a the Cost of the Medicine Bow Water priority project relating to the protection SUMMARY: OSM is announcing its receipt Treatment Plant Improvement Project of the public health and safety or the of a grant application from the Wyoming The Wyoming Department of environment from the damages caused Department of Environmental Quality, Environmental Quality submitted to us by past mining activities; and (7) an Abandoned Mine Land Division a grant application requesting new analysis and review of the procedures (AMLD). Wyoming is requesting funding for the FY2002 consolidated Wyoming used to notify and involve the $249,050 from the Abandoned Mine grant. In that application, Wyoming public in this funding request, and a Reclamation Fund to pay approximately asked for $324,150 that it will use to pay copy of all comments received and their 50 percent of the cost of building the for part of the cost of building the resolution by the State. Wyoming’s Frannie Sewer Line Replacement Project Medicine Bow Water Treatment Plant application for the Medicine Bow in Park and Big Horn county, Wyoming. Improvement project. This project is a Treatment Plant Improvements project In its application, the State proposes public facility in a community impacted contains the information described in paying for part of the reconstruction by coal or mineral mining activities. The these seven subsections. cost as a public facility project that will VerDate 11 VerDate 11 IV. How We Will Review Wyoming’s necessarily consider them in our final FOR FURTHER INFORMATION CONTACT: Guy Grant Application decision or include them in the V. Padgett, Telephone: (307) 261–6555. We will review this grant application administrative record. Our practice is to make comments, with respect to the regulations at 30 CFR Dated: September 12, 2000. including names and home addresses of 875.15, specifically subsections Guy Padgett, respondents, available for public review 875.15(e) (1) through (7). As stated in Director, Casper Field Office. during regular business hours. those regulations, the application must [FR Doc. 00–24381 Filed 9–21–00; 8:45 am] Individual respondents may request that include the following information: (1) BILLING CODE 4310±05±M we withhold their home address from The need or urgency for the activity or the administrative record, which we the construction of the public facility; will honor to the extent allowable by (2) the expected impact the project will DEPARTMENT OF THE INTERIOR law. There also may be circumstances in have on Wyoming’s coal or minerals which we would withhold from the industry; (3) the availability of funding Office of Surface Mining Reclamation administrative record a respondent’s from other sources and, if other funding and Enforcement identity, as allowable by law. If you is provided, its percentage of the total wish us to withhold your name and/or costs involved; (4) documentation from Proposed Greybull Sewer Improvements Project in Wyoming address, you must state this other local, State, and Federal agencies prominently at the beginning of your with oversight for such utilities or AGENCY: Office of Surface Mining comment. However, we will not facilities describing what funding they Reclamation and Enforcement (OSM), consider anonymous comments. We have available and why their agency is Interior. will make all submissions from not fully funding this specific project; organizations or businesses, and from (5) the impact on the State, the public, ACTION: Notice of application for grant and the minerals industry if the facility funding; public comment period on individuals identifying themselves as is not funded; (6) the reason why this request to fund the Greybull sewer representative or officials of project should be selected before a improvements project. organizations or businesses, available for public inspection in their entirety. priority project relating to the protection SUMMARY: OSM is announcing its receipt of the public health and safety or the of a grant application from the Wyoming SUPPLEMENTARY INFORMATION: environment from the damages caused Department of Environmental Quality, I. Background on Title IV of SMCRA by past mining activities, and (7) an Abandoned Mine Land Division analysis and review of the procedures (AMLD). Wyoming is requesting Title IV of the Surface Mining Control Wyoming used to notify and involve the $105,668 from the Abandoned Mine and Reclamation Act (SMCRA) public in this funding request, and a Reclamation Fund to pay approximately established an Abandoned Mine Land copy of all comments received and their 50 percent of the cost of building the resolution by the State. Wyoming’s Reclamation (AMLR) program. The Greybull Sewer Improvement project in purpose of the AMLR program is to application for the Frannie Sewer Line Big Horn County, Wyoming. In its Replacement project contains the reclaim and restore lands and waters application, the State proposes paying that were adversely affected by past information described in these seven for part of the reconstruction cost as a subsections. mining. The program is funded by a public facility project that will benefit a reclamation fee paid by active coal Section 875.15(f) requires us to community impacted by coal and evaluate all comments we receive and mining operations. Lands and waters mineral mining activities. eligible for reclamation under Title IV determine whether the funding meets This notice describes when and where the requirements of sections 875.15(e) are primarily those that were mined, or the Wyoming abandoned mine land affected by mining, and abandoned or (1) through (7) described above. It also (AML) program and the grant requires us to determine if the request inadequately reclaimed before August 3, application for funding the Greybull 1977, and for which there is no is in the best interests of he State’s AML Sewer Improvement project are program. We will approve Wyoming’s continuing reclamation responsibility available for you to read. It also sets the under State, Federal, or other laws. request to fund this project if we time period during which you may send conclude that it meets all the written comments on the request to us. Title IV of SMCRA allows States to requirements of 30 CFR 875.15. submit AMLR plans to us. We, on behalf DATES: We will accept written V. What To Do if You Want To comments until 4:00 p.m., m.s.t., of the Secretary, review those plans and Comment on the Proposed Project October 23, 2000. consider any public comments we receive about them. If we determine that ADDRESSES: We are asking for public comments on You should mail or hand- a State has the ability and necessary Wyoming’s request for funds to pay for deliver written comments to Guy V. legislation to operate an AMLR program, part of the cost of completing the Padgett, Casper Field Office Director, at the Secretary can approve it. The Frannie Sewer Line Improvements the address shown below. You may read Secretary’s approval gives a State Project. You are welcome to comment Wyoming’s grant application for this exclusive authority to put its AMLR on the project. If you do, please send us proposed project during normal plan into effect. written comments. Make sure your business hours Monday through Friday comments are specific and pertain to (excluding holidays) at the same Once the Secretary approves a State’s Wyoming’s funding request in the address. Also, we will send one free AMLR plan, the State may annually context of the regulations at 30 CFR copy of the grant application to you if apply to us for money to fund specific 875.15 and the provisions of section 411 you contact OSM’s Casper Field Office: projects that will achieve the goals of its of SMCRA. You should explain any Guy V. Padgett, Director, Casper Field approved plan. We follow the recommendations you make. If we Office, Office of Surface Mining requirements of the Federal regulations receive your comments after the time Reclamation and Enforcement, Federal at 30 CFR Parts 874, 875, and 886 when shown under DATES or at locations other Building, Rm. 2403, 100 East ‘‘B’’ Street, we review and approve such than the Casper Field Office, we will not Casper, Wyoming 82601–1918. applications. VerDate 11 II. Background on the Wyoming AMLR III. Wyoming’s Request To Fund Part of by past mining activities, and (7) an Plan the Cost of the Greybull Sewer analysis and review of the procedures Improvement Project Wyoming used to notify and involve the The Secretary of the Interior approved public in this funding request, and a Wyoming’s AMLR plan on February 14, The Wyoming Department of Environmental Quality submitted to us copy of all comments received and their 1983. You can find background a grant application requesting new resolution by the State. Wyoming’s information on the Wyoming AML funding for the FY2002 consolidated application for the Greybull Sewer program, including the Secretary’s grant. In that application, Wyoming improvements project contains the findings and our responses to asked for $105,668 that it will use to pay information described in these seven comments, in the February 14, 1983, for part of the cost of building the subsections. Federal Register (48 FR 6536). Greybull Sewer Improvements project. Section 875.159(f) requires us to Wyoming changed its plan a number of This project is a public facility in a evaluate all comments we receive and times since the Secretary first approved community impacted by bentonite and determine whether the funding meets it. In 1984, we accepted the State’s typsum mineral mining activities. The the requirements of sections 875.15(e)(1) certification that it addressed all known requested funding is 50 percent of the through (7) described above. It also coal-related impacts in Wyoming that project’s total costs. Money for the requires us to determine if the request were eligible for funding under its balance of the project costs will come is in the best interests of the State’s program. As a result, the State may now from the Town of Greybull (50 percent). AML program. We will approve reclaim low priority non-coal The Governor of Wyoming certified the Wyoming’s request to fund this project reclamation projects. You can read need and urgency to fund the Greybull if we conclude that it meets all the requirements of 30 CFR 875.15. about the certification and OSM’s Sewer Improvements project prior to acceptance in the May 25, 1984, Federal completing the State’s remaining What To Do If You Want To Comment Register (49 FR 22139). At the same inventory of non-coal reclamation, as on the Proposed Project time, we also accepted Wyoming’s allowed by section 411(f) of SMCRA. We are asking for public comments on proposal that it will ask us for funds to That certification says the project is in Wyoming’s request for funds to pay for reclaim any additional coal-related a community impacted by mineral part of the cost of completing the problems that occur during the life of mining activities. The project consists of Greybull Sewer Improvement project. the Wyoming AML program as soon as replacement of old and failing clay tile You are welcome to comment on the it becomes aware of them. In the April sewer lines. Potential contamination of project. If you do, please send us written 13, 1992, Federal Register (57 FR groundwater by sewage poses both a comments. Make sure your comments threat to human health and safety and 12731), we announced our decision to are specific and pertain to Wyoming’s a possible negative impact on the accept other changes in Wyoming’s plan funding request in the context of the environment. I. regulations at 30 CFR 875.15 and the that describe how it will rank eligible The Governor’s certification states provisions of section 411 of SMCRA. coal, non-coal, and facility projects for that the project meets the requirements You should explain any funding. Those changes also authorized for his certification under the authority recommendations you make. If we the Governor of Wyoming to elevate the of Wyoming Statute W.S. 35–11–1202(c) receive your comments after the time priority of a project based upon the and the AML Regulations, Chapter VII, shown under DATES or at locations other Governor’s determination of need and Section 6(c). urgency. They also expanded the State’s than the Casper Field Office, we will not ability to construct public facilities IV. How We Will Review Wyoming’s necessarily consider them in our final under section 411 of SMCRA. We Grant Application decision or include them in the administrative record. approved additional changes in We will review this grant application Wyoming’s plan concerning noncoal with respect to the regulations at 30 CFR Dated: September 12, 2000. lien authority and contractor eligibility 875.15, specifically subsections Guy Padgett, that improve the efficiency of the State’s 875.15(e) (1) through (7). As stated in Director, Casper Field Office. AML program. That approval is those regulations, the application must [FR Doc. 00–24382 Filed 9–21–00; 8:45 am] described in the February 21, 1996, include the following information: (1) BILLING CODE 4310±05±M Federal Register (61 FR 6537). The need or urgency for the activity or the construction of the public facility; Once a State certifies that it has (2) the expected impact the project will DEPARTMENT OF LABOR addressed all remaining abandoned coal have on Wyoming’s coal or minerals mine problems, and the Secretary industry; (3) the availability of funding Employment and Training concurs, then it may request funds to from other sources and, if other funding Administration undertake abandoned noncoal mine is provided, its percentage of the total reclamation, community impact costs involved; (4) documentation from [TA±W±34,013] assistance, and public facilities projects other local, State, and Federal agencies Alcatel Telecommunications Cable under sections 411 (b), (e), and (f) of with oversight for such utilities or Roanoke, Virginia; Amended Notice of SMCRA. facilities describing what funding they Negative Determination on Remand State law and regulations that apply have available and why their agency is to the proposed Greybull Sewer not fully funding this specific project; In accordance with Section 223 of the Improvement project funding request (5) the impact on the State, the public, Trade Act of 1974 (19 U.S.C. 2273) the include Wyoming Statute 35–11–1202 and the minerals industry if the facility Department of Labor issued a Negative and Wyoming Abandoned Mine Land is not funded; (6) the reason why this Determination on Remand applicable to project should be selected before a workers and former workers of the Regulations, Chapter VII, of the priority project relating to the protection subject firm. The notice will soon be Wyoming Abandoned Mine Program. of the public health and safety or the published in the Federal Register. In the environment from the damages caused second paragraph, second sentence, of VerDate 11 VerDate 11 TA–W–37,501; Stant Manufacturing, TA–W–37,991; New Haven Industries, such firm or subdivision have increased, Inc., Plating Operation, Inc., Lock Haven, PA: August 10, and that the increases in imports Connersville, IN 1999. contributed importantly to such TA–W–37,891; Acorn Window Systems, TA–W–37,937; Wolverine Worldwide, workers’ separations or threat of Quincy, MI Inc., Kirksville, MO: July 17, 1999. separation and to the decline in sales or In the following cases, the TA–W–37,894; GT Bicycles, Inc., Santa production of such firm or subdivision; investigation revealed that the criteria Ana, CA: June 19, 1999. or for eligibility have not been met for the TA–W–37,760; Marijon Dyeing and (4) That there has been a shift in reasons specified. Finishing Co., East Rutherford, NJ: production by such workers’ firm or TA–W–37,826; Blastco Service Co., Oil May 18, 1999. subdivision to Mexico or Canada of Refinery Demolition Workers, TA–W–37,952; Ochoco Lumber Col, articles like or directly competitive with Odessa, TX Prineville, OR: July 28, 1999. articles which are produced by the firm TA–W–37,944; Chief Tonasket Growers, TA–W–37,550; Lermer Aircraft Galley or subdivision. Tonasket, WA Equipment, Inc., Eatontown, NJ: TA–W–37,957; Miller Harness Co., LLC, May 25, 1999. Negative Determinations NAFTA–TAA TA–W–37,968; Vesuvius Premier East Rutherford, NJ In each of the following cases the Refractories, Washington, PA: TA–W–37,973; General Motors Corp., investigation revealed that criteria (3) August 3, 1999. Desert Proving Ground, Mesa, AZ and (4) were not met. Imports from TA–W–37,880; AII Technologies, Inc., El The workers firm does not produce an Canada or Mexico did not contribute Paso, TX: August 21, 1999. article as required for certification under importantly to workers’ separations. TA–W–37,714; Gambro Renal Service, section 222 of the Trade Act of 1974. There was no shift in production from Lakewood, CO: May 11, 1999. TA–W–37,704; Fernwood Magnetics, the subject firm to Canada or Mexico TA–W–37,502; Leica Microsystems, Inc., Belvidere, NJ during the relevant period. TA–W–37,679; National Semiconductor, Analytical Div., Depew, NY: March Die Products Business Group, South 17, 1999. NAFTA–TAA–03948; Spray Cotton Portland, ME TA–W–37,807; Southern Trim, Inc., Mills, Nova Yarns Div., Eden, NC TA–W–37,798; KPT, Inc., Bloomfield, IN Opp, AL: June 9, 1999. NAFTA–TAA–04068; Rock-Tenn Corp., TA–W–37,871; Robinson Fiddler’s Green TA–W–37,963; Prestolite Wire Corp., Madison, WI Manufacturing Co., Inc., Battery Cable and Battery Terminal Dept., Bristol, TN: July 22, 1999. NAFTA–TAA–04035; Acorn Window Springville, NY Systems, Quincy, MI TA–W–37,855; Graphic Vinyl Products, TA–W–37,913; United Filters, Inc., Inc., Newark, NJ Amarillo, TX: September 11, 2000. NAFTA–TAA–03811; Stant TA–W–37,948; Rock-Tenn Corp., TA–W–37,746; N.N. Apparel, Inc., Mt. Manufacturing, Inc., Plating Madison, WI Vernon, NY: May 23, 1999, Operation, Connersville, IN Increased imports did not contribute Hermitage, MO: May 22, 1999. NAFTA–TAA–04084; WP Industries, importantly to worker separations at the Also, pursuant to title V of the North Inc., South Gate, CA firm. American Free Trade Agreement NAFTA–TAA–04099; Adirondack TA–W–37,808; Edgewater Steel, LTD, Implementation Act (P.L. 103–182) Knitting Mills, Inc., Amsterdam, NY Oakmont, PA concerning transitional adjustment The investigation revealed that assistance hereinafter called (NAFTA– The investigation revealed that the criteria (1) and criteria (3) have not been TAA) and in accordance with section criteria for eligibility have not been met met. A significant number or proportion 250(a), subchapter D, chapter 2, title II, for the reasons specified. of the workers did not become totally or of the Trade Act as amended, the NAFTA–TAA–4063; RMH Teleservices, partially separated from employment as Department of Labor presents Inc., Sergeant Bluff, IA summaries of determinations regarding required for certification. Sales or NAFTA–TAA–04064; General Motors eligibility to apply for NAFTA–TAA production did not decline during the Corp., Desert Proving Ground, issued during the month of September, relevant period as required for Mesa, AZ certification. Increases of imports of 2000. articles like or directly competitive. In order for an affirmative The investigation revealed that determination to be made and a workers of the subject firm did not Affirmative Determinations for Worker certification of eligibility to apply for produce an article within the meaning Adjustment Assistance NAFTA–TAA the following group of Section 250(a) of the Trade Act, as The following certifications have been eligibility requirements of section 250 of amended. issued; the date following the company the Trade Act must be met: NAFTA–TAA–03971; Edgewater Steel, name and location of each (1) That a significant number or Ltd., Oakmont, PA determination references the impact proportion of the workers in the date for all workers of such workers’ firm, or an appropriate The investigation revealed that determination. subdivision thereof, (including workers criteria (1) and criteria (4) have not been TA–W–38,019; West Mill Clothes, Inc., in any agricultural firm or appropriate met. A significant number or proportion Woodside, NY: August 10, 1999. subdivision thereof) have become totally of the workers in such workers’ firm or TA–W–37,931; Tri State Data Products, or partially separated from employment an appropriate subdivision (including Feasterville, PA: July 24, 1999. and either— workers in any agricultural firm or TA–W–37,756; NRV Manufacturing Co., (2) That sales or production, or both, appropriate subdivision thereof) have Inc., Carollton, AL: May 27, 1999. of such firm or subdivision have become totally or partially separated TA–W–37,955; J.A. Thurston Co., Inc., decreased absolutely, from employment. There was no shift in Rumford, ME: August 4, 1999. (3) That imports from Mexico or production from the subject firm to TA–W–37,954; Brestl, Inc., High Point, Canada of articles like or directly Canada or Mexico during the relevant NC: August 4, 1999. competitive with articles produced by period. VerDate 11 Affirmative Determinations NAFTA– DEPARTMENT OF LABOR earlier. These decisions are to be used TAA in accordance with the provisions of 29 Employment Standards CFR Parts 1 and 5. Accordingly, the NAFTA–TAA–04041; B.F. Goodrich Administration, Wage and Hour applicable decision, together with any Aerospace, Landing Gear Div., Division modifications issued, must be made a Euless, TX: July 14, 1999. part of every contract for performance of Minimum Wages for Federal and NAFTA–TAA–04057; Permair Leathers, the described work within the Federally Assisted Construction; Salem, MA: August 4, 1999. geographic areas indicated as required General Wage Determination; by an applicable Federal prevailing NAFTA–TAA–04050; Prestolite Wire Decisions wage law and 29 CFR Part 5. The wage Corp., Battery Cable and Battery General wage determination decisions rates and fringe benefits, notice of Terminal Dept., Bristol, TN: July 22, which is published herein, and which 1999. of the Secretary of Labor are issued in accordance with applicable law and are are contained in the Government NAFTA–TAA–04108; Parker Seal Co., based on the information obtained by Printing Office (GPO) document entitled Parker-Hannifin Corp., Berea, KY: the Department of Labor from its study ‘‘General Wage Determinations Issued August 11, 1999. of local wage conditions and data made Under The Davis-Bacon And Related NAFTA–TAA–04065; Academy available from other sources. They Acts,’’ shall be the minimum paid by Broadway Corp., Sleeping Bag Div., specify the basic hourly wage rates and contractors and subcontractors to Pine Knot, KY: August 4, 1999. fringe benefits which are determined to laborers and mechanics. be prevailing for the described classes of NAFTA–TAA–04119; Bulk Any person, organization, or laborers and mechanics employed on governmental agency having an interest Manufacturing Co., Plant City, FL: construction projects of a similar in the rates determined as prevailing is August 14, 1999. character and in the localities specified encouraged to submit wage rate and NAFTA–TAA–04073; Smith and therein. fringe benefit information for Nephew, Inc., Dynacast Extra The determinations in these decisions consideration by the Department. Casting Dept., Charlotte, NC: of prevailing rates and fringe benefits Further information and self- August 11, 1999. have been made in accordance with 29 explanatory forms for the purpose of NAFTA–TAA–4047; AII Technologies, CFR Part 1, by authority of the Secretary submitting this data may be obtained by Inc., El Paso, TX: July 12, 1999. of Labor pursuant to the provisions of writing to the U.S. Department of Labor, the Davis-Bacon Act of March 3, 1931, Employment Standards Administration, NAFTA–TAA–04069; Alaria Medical as amended (46 Stat. 1494), as amended, Wage and Hour Division, Division of Systems, Creedmoor, NC: August 9, 40 U.S.C. 276a) and of other Federal Wage Determinations, 200 Constitution 1999. statutes referred to in 29 CFR Part 1, Avenue, N.W., Room S–3014, NAFTA–TAA–04055; Melvin Quilting, Appendix, as well as such additional Washington, D.C. 20210. Rocky Mount, NC: July 31, 1999. statutes as may from time to time be enacted containing provisions for the Withdrawn General Wage NAFTA–TAA–04004; MNCO, LLC, payment of wages determined to be Determination Decisions (Formerly McGuire-Nicholas Co., prevailing by the Secretary of Labor in LLC), Commerce, CA: May 23, 1999. This is to advise all interested parties accordance with the Davis-Bacon Act. that the Department of Labor is NAFTA–TAA–04040; VF Workwear, The prevailing rates and fringe benefits withdrawing, from the date of this Inc., Red Kap Industries, Dickson, determined in these decisions shall, in notice, the following General Wage TN: July 20, 1999. accordance with the provisions of Determinations: foregoing statutes, constitute the NAFTA–TAA–04123; Eastman Kodak SD000028 See SD000027 Co., Precision Plastics Tech Center, minimum wages payable on Federal and federally assisted construction projects SD000029 See SD000027 Rochester, NY: August 11, 1999. SD000030 See SD000027 to laborers and mechanics of the SD000031 See SD000027 I hereby certify that the specified classes engaged on contract SD000032 See SD000027 aforementioned determinations were work of the character and in the SD000033 See SD000027 issued during the month of September, localities described therein. SD000034 See SD000027 2000. Copies of these determinations are Good cause is hereby found for not SD000035 See SD000027 available for inspection in Room C– utilizing notice and public comment SD000036 See SD000027 5311, U.S. Department of Labor, 200 procedure thereon prior to the issuance SD000037 See SD000027 Constitution Avenue, NW., Washington, of these determinations as prescribed in SD000038 See SD000027 DC 20210 during normal business hours 5 U.S.C. 553 and not providing for delay SD000039 See SD000027 in the effective date as prescribed in that SD000040 See SD000027 or will be mailed to persons who write SD000042 See SD000027 to the above address. section, because the necessity to issue current construction industry wage SD000043 See SD000027 SD000044 See SD000027 Dated: September 15, 2000. determinations frequently and in large Edward A. Tomchick, volume causes procedures to be Contracts for which bids have been Director, Division of Trade Adjustment impractical and contrary to the public opened shall not be affected by this Assistance. interest. notice. Also, consistent with 29 CFR [FR Doc. 00–24421 Filed 9–21–00; 8:45 am] General wage determination 1.6(c)(2)(i)(A), when the opening of bids BILLING CODE 4510±30±M decisions, and modifications and is less than ten (10) days from the date supersedes decisions thereto, contain no of this notice, this action shall be expiration dates and are effective from effective unless the agency finds that their date of notice in the Federal there is insufficient time to notify Register, or on the date written notice bidders of the change and the finding is is received by the agency, whichever is documented in the contract file. VerDate 11 Modifications to General Wage Texas Signed at Washington, D.C. this 14th day Determination Decisions TX000018 (Feb. 11, 2000) of September 2000. TX000100 (Feb. 11, 2000) John Frank, The number of decisions listed in the TX000114 (Feb. 11, 2000) Acting Chief, Branch of Construction Wage Government Printing Office Determinations. Volume VI documented entitled ‘‘General Wage [FR Doc. 00–24122 Filed 9–21–00; 8:45 am] Alaska Determinations Issued Under the Davis- BILLING CODE 4510±27±M Bacon and related Acts’’ being modified AK000001 (Feb. 11, 2000) are listed by Volume and State. Dates of Idaho publication in the Federal Register are ID000001 (Feb. 11, 2000) DEPARTMENT OF LABOR in parentheses following the decisions South Dakota being modified. SD000027 (Feb. 11, 2000) Occupational Safety and Health Washington Administration Volume I WA000001 (Feb. 11, 2000) None WA000002 (Feb. 11, 2000) [Docket No. ICR±1218±0147(2000)] WA000003 (Feb. 11, 2000) Volume II Definition and Requirements for a WA000006 (Feb. 11, 2000) Pennsylvania Nationally Recognized Testing WA000007 (Feb. 11, 2000) PA000005 (Feb. 11, 2000) Laboratory; Extension of the Office of WA000008 (Feb. 11, 2000) PA000006 (Feb. 11, 2000) WA000010 (Feb. 11, 2000) Management of Budget's (OMB) PA000026 (Feb. 11, 2000) Approval of Information-Collection PA000031 (Feb. 11, 2000) WA000011 (Feb. 11, 2000) Wyoming (Paperwork) Requirements Volume III WY000008 (Feb. 11, 2000) AGENCY: Occupational Safety and Health Florida WY000009 (Feb. 11, 2000) Administration (OSHA), Labor. FL000017 (Feb. 11, 2000) ACTION: Notice of an opportunity for FL000032 (Feb. 11, 2000) Volume VII FL000096 (Feb. 11, 2000) None public comment. Georgia SUMMARY: OSHA solicits comments GA000022 (Feb. 11, 2000) General Wage Determination GA000084 (Feb. 11, 2000) Publication concerning the extension of the Kentucky information-collection requirements KY000001 (Feb. 11, 2000) General wage determinations issued contained in the regulation titled KY000002 (Feb. 11, 2000) under the Davis-Bacon and related Acts, ‘‘Definition and Requirements for a KY000003 (Feb. 11, 2000) including those noted above, may be Nationally Recognized Testing KY000004 (Feb. 11, 2000) found in the Government Printing Office Laboratory’’ (29 CFR 1910.7). KY000007 (Feb. 11, 2000) (GPO) document entitled ‘‘General Wage Request for Comment KY000025 (Feb. 11, 2000) Determinations Issued Under The Davis- KY000027 (Feb. 11, 2000) Bacon and Related Acts.’’ This The Agency has a particular interest KY000028 (Feb. 11, 2000) in comments on the following issues: publication is available at each of the 50 KY000029 (Feb. 11, 2000) • Whether the information-collection Regional Government Depository requirements are necessary for the Volume IV Libraries and many of the 1,400 Michigan proper performance of the Agency’s Government Depository Libraries across functions, including whether the MI000060 (Feb. 11, 2000) the country. MI000062 (Feb. 11, 2000) information is useful; MI000063 (Feb. 11, 2000) The general wage determinations • The accuracy of the Agency’s MI000066 (Feb. 11, 2000) issued under the Davis-Bacon and estimate of the burden (time and costs) MI000069 (Feb. 11, 2000) related Acts are available electronically of the information-collection MI000070 (Feb. 11, 2000) by subscription to the FedWorld requirements, including the validity of MI000071 (Feb. 11, 2000) Bulletin Board System of the National the methodology and assumptions used; MI000072 (Feb. 11, 2000) • The quality, utility, and clarity of MI000073 (Feb. 11, 2000) Technical Information Service (NTIS) of the U.S. Department of Commerce at 1– the information collected; and MI000074 (Feb. 11, 2000) • Ways to minimize the burden on MI000075 (Feb. 11, 2000) 800–363–2068. Ohio employers who must comply; for Hard-copy subscriptions may be example, by using automated or other OH000001 (Feb. 11, 2000) purchased from: Superintendent of OH000002 (Feb. 11, 2000) technological information-collection OH000003 (Feb. 11, 2000) Documents, U.S. Government Printing and -transmission techniques. OH000020 (Feb. 11, 2000) Office, Washington, D.C. 20402, (202) DATES: Submit written comments on or OH000028 (Feb. 11, 2000) 512–1800. before November 21, 2000. OH000029 (Feb. 11, 2000) When ordering hard-copy ADDRESSES: Submit written comments OH000034 (Feb. 11, 2000) Wisconsin subscription(s), be sure to specify the to the Docket Office, Docket No. ICR– WI000068 (Feb. 11, 2000) State(s) of interest, since subscriptions 1218–0147 (2000), Occupational Safety may be ordered for any or all of the and Health Administration, U.S. Volume V seven separate volumes, arranged by Department of Labor, Room N–2625, Louisiana State. Subscriptions include an annual 200 Constitution Avenue, N.W., LA000001 (Feb. 11, 2000) edition (issued in January or February) Washington, DC 20210; telephone: (202) LA000005 (Feb. 11, 2000) which includes all current general wage 693–2350. Commenters may transmit LA000018 (Feb. 11, 2000) written comments of 10 pages or less in LA000045 (Feb. 11, 2000) determinations for the States covered by LA000054 (Feb. 11, 2000) each volume. Throughout the remainder length by facsimile to (202) 693–1648. Nebraska of the year, regular weekly updates are FOR FURTHER INFORMATION CONTACT: NE000011 (Feb. 11, 2000) distributed to subscribers. Bernard Pasquet, Directorate of VerDate 11 Technical Support, Occupational Safety As part of the recognition process, the II. Proposed Actions and Health Administration, U.S. Regulation requires that organizations OSHA proposes to extend OMB’s Department of Labor, Room N–3653, seeking recognition submit an initial- approval of the collection-of- 200 Constitution Avenue, N.W., recognition application to OSHA. The information (paperwork) requirements Washington, DC 20210, telephone: (202) Agency reviews the information contained in the requirements for 693–2110. A copy of the Agency’s provided in the initial-recognition becoming a nationally-recognized Information-Collection Request (ICR) application to determine if an testing laboratory. OSHA will supporting the need for the information- organization meets the qualification summarize the comments submitted in collection requirements specified by criteria specified in the Regulation. response to this notice, and will include OSHA for becoming a nationally- These criteria address an organization’s this summary in the request to OMB to recognized testing laboratory (29 CFR capability to test and examine extend the approval of these 1910.7) is available for inspection and equipment, products, or material for information-collection requirements. copying in the Docket Office, or you safety (for example, fire or electrical Type of Review: Extension of may request a mailed copy by safety). In this regard, the Agency currently approved information- telephoning Bernard Pasquet at (202) evaluates an organization’s facilities, collection requirements. 693–2110. For electronic copies of the equipment, staff training, written testing Title: Definition and Requirements for ICR, contact OSHA on the Internet at procedures, and calibration and quality- a Nationally Recognized Testing http://www.osha.gov. control programs necessary to test and Laboratory (29 CFR 1910.7). SUPPLEMENTARY INFORMATION: examine equipment, products, and OMB Number: 1218–0147. material for safety. If OSHA approves Affected Public: Business or other for- I. Background the initial-recognition application, it profit organizations; Not-for-Profit The Department of Labor, as part of its will recognize the organization as an institutions; State, Local or Tribal continuing effort to reduce paperwork NRTL for five years. governments. and respondent burden, conducts a Once recognized, an NRTL may apply Number of Respondents: 58. preclearance consultation program to Frequency: On occasion. to expand its current recognition to provide the general public and Federal Total Responses: 58. cover additional categories of NRTL agencies with an opportunity to Average Time per Response: 53 hours. testing. To do so, an NRTL must submit comment on proposed and continuing Estimated Total Burden Hours: 1,345 an expansion-of-recognition application information-collection requirements in hours. accordance with the Paperwork that provides the Agency with Estimated Cost (Operation and Reduction Act of 1995 (PRA–95) (44 information demonstrating that it meets Maintenance): $0. U.S.C. 3506(c)(2)(A)). This program the testing criteria specified by the ensures that information is in the Regulation for these additional III. Authority and Signature desired format, reporting burden (time categories. An NRTL may also revise its Charles N. Jeffress, Assistant Secretary and costs) is minimal, collection testing procedures, such as testing of Labor for Occupational Safety and instruments clearly understood, and methods or pass-fail criteria, provided Health, directed the preparation of this OSHA’s estimate of the information the revisions are at least as effective as notice. The authority for this notice is burden is correct. The Occupational the prior testing procedures; OSHA the Paperwork Reduction Act of 1995 Safety and Health Act of 1970 (the Act) reviews these revisions during the (44 U.S.C. 3506) and Secretary of authorizes information collection by annual site visit to the NRTL. Labor’s Order No. 3–2000 (65 FR employers as necesssary or appropriate To renew recognition for another five- 50017). for enforcement of the Act or for year period, an NRTL must submit a Signed at Washington, DC on September developing information regarding the renewal-of-recognition application to 12, 2000. causes and prevention of occupational the Agency several months before the Charles N. Jeffress, injuries, illnesses, and accidents (29 current recognition expires. OSHA may Assistant Secretary of Labor. U.S.C. 657). in some cases dispense with this [FR Doc. 00–23900 Filed 9–21–00; 8:45 am] A number of standards issued by the renewal requirement provided the BILLING CODE 4510±26±M Occupational Safety and Health organization certifies its continuing Administration (OSHA) contain compliance with the Regulation. requirements for equipment, products, DEPARTMENT OF LABOR or materials. These standards often To ensure that NRTLs are meeting the requirements of the Regulation, the specify that employers use only Pension and Welfare Benefits Agency attempts to conduct site visits equipment, products, or material Administration ‘‘tested’’ or ‘‘approved’’ by a ‘‘nationally (i.e., audits) at each NRTL annually. recognized testing laboratory’’ (NRTL); During these site visits, an NRTL [Application No. D±10800, et al.] provides OSHA with written this requirement ensures that employers Proposed Exemptions; The Masters, use safe and efficacious equipment, information to evaluate its compliance with the requirements for recognition. Mates and Pilots Pension Plan (the products, or materials in complying Pension Plan) and Individual with the standards. Accordingly, OSHA These reviews also permit the Agency to determine if revisions to testing Retirement Account Plan (the IRAP; promulgated the regulation titled Together, the Plans) ‘‘Definitions and Requirements for a procedures made by NRTLs are at least Nationally Recognized Testing as effective as the prior testing AGENCY: Pension and Welfare Benefits Laboratory’’ (the ‘‘Regulation’’). The procedures. These site visits help to Administration, Labor. Regulation specifies procedures that ensure that equipment, products, or ACTION: Notice of proposed exemptions. organizations must follow to apply for, material used by employers to comply and to maintain, OSHA’s recognition to with OSHA’s standards are providing SUMMARY: This document contains test and certify equipment, products, or employees with the highest level of notices of pendency before the material for this purpose. protection available. Department of Labor (the Department) of VerDate 11 VerDate 11 3. In the course of the Litigation, IFS 2 on AHL’s ships. No payments are retroactive to January 1, 1999 with was appointed Named Fiduciary for the anticipated to be due in the next five respect to the holding of the Stock by Plans’ Special Assets Portfolio by Court years. the Plans. Order dated September 18, 1990 (the 6. Since AHL is an employer of 7. While IFS, in its capacity as Named Court Order). IFS assumed its employees covered under the Plans, the Fiduciary, has ultimate investment responsibilities on November 8, 1990. AHL Stock constitutes employer management responsibility for the The Court Order provided that the securities under section 407(d)(1) of the Special Assets Portfolio, it does not Named Fiduciary, rather than the Plans’ Act. The applicants represent that the exercise investment management trustees, has the ‘‘* * * sole, exclusive, Stock constituted qualifying employer discretion over the portfolio’s assets on full and complete authority and securities within the meaning of section a day-to-day basis. Rather, as discretion concerning the control, 407(d)(5) of the Act at the time of its contemplated by the Court Order, management and disposition of the acquisition, but as of January 1, 1993, responsibility for the day-to-day Special Assets Portfolio.’’ the AHL Stock may have ceased to be management and supervision of the 4. Since February, 1987, the Plans a qualifying employer security because portfolio’s assets has been delegated at have each owned 45 shares of the Stock, the Stock is wholly-owned by the Plans all times to independent investment which Stock represents all of the and thus may not meet the requirements managers selected by IFS. With respect outstanding shares of AHL. AHL is a of section 407(f) of the Act. However, to the Plans’ investment in the Stock, Delaware corporation, headquartered in the applicants state that the Plans’ such responsibility was first delegated to Sunwestern Advisors, L.P. New Orleans, Louisiana, that is engaged continued holding of the Stock was in the shipping industry. Its principal (Sunwestern), which served as the exempt from the prohibited transaction assets consist of four double-hulled investment manager for this investment restrictions of the Act pursuant to tankers, built in the 1950’s as single- until July 14, 1992. Effective that date, Prohibited Transaction Class Exemption hulled ships and converted to double- Sunwestern’s responsibilities were No. 79–15 (44 FR 26979, May 8, 1979) hulled beginning in 1995 to comply assumed by a new investment manager, as a result of a court order, dated with Federal law, that are used Potomac Asset Management, Inc. November 2, 1992, entered in the primarily for the transportation of (Potomac). On October 15, 1996, IFS Litigation (the PTE 79–15 Order). Under petroleum products in the Jones Act appointed HAI as the investment the terms of the PTE 79–15 Order, this trade (i.e., American-flagged tankers in manager for certain investments of the exemption was effective until the later the domestic intra-coastal trade). The Plans, including the AHL Stock. HAI Plans’ Stock can be traced back to of: (a) December 31, 1993; or (b) continues to serve in that capacity. certain prior investments made by December 31, 1994, provided the Plans 8. HAI is a private investment banking Tower and is held in the Plans’ Special made application to the Department for firm offering financial advisory services Assets Portfolio, along with the Plans’ an exemption to permit the continued and investment management services. other remaining Tower-initiated holding of the Stock. The Plans did file HAI has specialized in working with investments. a request for an exemption in timely troubled companies or their creditors to 5. In connection with the double- fashion, and thus the exemption raise capital, divest businesses and hulling of the ships, AHL assumed provided under the PTE 79–15 Order restructure liabilities, whether in or significant long-term debt. AHL issued was automatically extended to outside bankruptcy. HAI is also the $125 million U.S. Government Ship December 31, 1994. On December 19, general partner of a hedge fund that Financing Bonds on May 12, 1995. AHL 1994, the Department granted invests primarily in the securities of sold an additional $23.7 million U.S. Prohibited Transaction Exemption 94– distressed companies. HAI is registered Government Ship Financing Bonds on 85 (PTE 94–85; 59 FR 65403), which with the Securities and Exchange December 18, 1996. Proceeds from the continued the exemption for the holding Commission as an investment advisor sales of bonds were deposited with the of the Stock by the Plans until the later and broker/dealer. HAI is located in U.S. Treasury and may be used for ship of: (a) December 31, 1995, or (b) New York, New York. Since its construction pursuant to Title XI of the December 31, 1996, provided another retention, HAI has devoted substantial Merchant Marine Act. AHL was application for exemption was filed time and effort to developing a thorough required to pay the following minimum with the Department prior to December understanding of AHL’s business and amounts through sinking fund deposits: 31, 1995. Another exemption financial condition. As required by the application was filed prior to December 1998—$3,326,000 terms of its engagement, HAI has 1999—$3,568,000 31, 1995, so that PTE 94–85 remained provided IFS with quarterly reviews of 2000—$3,827,000 effective until December 31, 1996. On AHL’s financial results and operations, 2001—$4,104,000 October 2, 1996, the Department granted including the status of ships under Thereafter—$132,302,000 Prohibited Transaction Exemption 96– construction, charter status, and the In addition to this $148.7 million of 73 (61 FR 51463), which continued the status of collective bargaining debt (the MARAD Loans), AHL also exemption for the holding of the Stock negotiations, including negotiations borrowed $3.35 million from Avondale by the Plans until the later of: (a) involving the transaction which is the Industries, Inc. (the Avondale Loan), December 31, 1997, or (b) December 31, subject of this proposed exemption. one of the nation’s leading shipbuilding 1998, provided another application for 9. The applicants have requested an companies. This amount, together with exemption was filed with the exemption that would permit the Plans interest at approximately 7.5%, is due to Department prior to December 31, 1997. to sell their AHL Stock to AHL be repaid in 20 years or earlier under Another exemption application was Holdings. Subsequently, all of the certain circumstances if cash flow, as filed on October 15, 1997, so that PTE shares of AHL Holdings (Holdings defined, exceeds certain minimum 96–73 remained in effect until Stock) will be acquired by a newly amounts. The payment of principal and December 31, 1998. That application created ESOP to be established by AHL. interest is secured by a second mortgage was later withdrawn, and a revised The ESOP is represented by the ESOP application was filed on August 13, Committee. The ESOP Committee is a 2 IFS was then known as ‘‘Bear Stearns Fiduciary 1999. The applicant has requested that five-person ad hoc committee of AHL Services, Inc.’’ the exemption proposed herein be made employees represented by the Union. VerDate 11 The ESOP Committee has functioned as The Note will have a six-year term and applicable to the cumulative amount of an advisory group to the Union and its a stated principal value of $6.9 million. prepayments made. advisors in connection with the The Note will have an interest rate of The applicant represents that the collective bargaining negotiations that nine percent for the initial three years prepayment formula results in a lesser resulted in the proposed transaction.3 and ten percent for the remaining three discount the closer the prepayment is to 10. In connection with the transaction years. The interest will be payable semi- the Note’s maturity. Additionally, aside involving the transfer of the AHL Stock, annually (with a total of twelve interest from the prepayment dollar amounts, the Union and AHL have adopted a new payments), but the first six semi-annual different discount rates have been conditional eight-year collective interest payments will be ‘‘payable in assigned to different size prepayments, bargaining agreement (CBA), which took kind’’, i.e., accrued and added to the so that the greater the prepayment, the effect in part on September 1, 1997, and principal amount of the Note. A single greater the reduction in principal. will take effect in full upon the closing $2.5 million payment will be due on the Therefore, a prepayment received of the proposed transaction. The new fifth anniversary of the date of issuance sooner rather than later will result in a CBA provides for a 7.5% reduction in of the Note, and the remaining principal greater discount from principal, and a base wages and vacation pay by Union balance will be due at the conclusion of larger prepayment will also obtain a members, certain benefit concessions the six-year term. greater discount than a smaller one. As and a reduction in crew size. On August Principal may be pre-paid at any time, an example, a $500,000 prepayment 31, 2002, the wage rate reductions and without penalty. In order to provide an made as soon as the Note is issued will other benefit modifications (the CBA incentive for the repayment of principal, result in a reduction of $986,910 from Concessions) to the CBA adopted in the event that at least $250,000 of the final principal payment six years pursuant to agreement between the principal is prepaid in cash at one time, later. In contrast, a $500,000 Union and AHL will be terminated and the final principal payment will be prepayment made in the third year of certain wages and benefit provisions reduced by an amount calculated in the six-year Note will only result in a will be restored to their 1996 levels. In accordance with the following formula: reduction of $702,460 from the final addition, AHL will continue to benefit principal payment. (1+R/2) to the Y power times the The Note given by AHL Holdings will from certain productivity improvements Prepayment Amount in the new agreement. be secured by: (1) A pledge of all of the Where According to AHL and the Union, the AHL Stock, none of which will be Y=Number of semi-annual periods until modifications to the CBA would reduce released until the Note is paid in full; maturity. AHL’s actual cash compensation costs (2) the Guarantee of AHL, subordinated R=Semi-Annually Compounded by more than $1,500 per day, per ship— to AHL’s obligations under the MARAD Discount Rate. and Avondale Loans; (3) a pledge of the or more than seventeen percent of cash in an escrow account to be AHL’s actual cash compensation costs If the Prepayment Amount is between established for all wage increases under under the prior collective bargaining $250,000—$499,999, the Annual the collective bargaining agreement agreement—for a period through August Discount Rate is 8.00% and the Semi- beginning March 1, 2003, none of which 31, 2002. The net present value of these Annually Compounded Discount Rate is will be released until the Note is paid proposed contractual reductions in 7.85%. in full; and (4) if practicable, a third wages, staffing and pension If the Prepayment Amount is between mortgage on AHL’s assets, subordinated contributions and benefits over five $500,000—$749,999, then the Annual to the MARAD and Avondale Loans. years, as estimated by AHL and the Discount Rate is 12.00% and the Semi- AHL will periodically provide the Plans Union, exceeds $7.7 million. Annually Compounded Discount Rate is 11.66%. with certain confidential financial 11. AHL Holdings will issue the Note information. Effective as of the date of to the Plans in exchange for the Stock.4 If the Prepayment Amount is between $750,000—$999,999, the Annual the closing of the transaction, AHL’s Board of Directors (the AHL Board) will 3 In this regard, the applicant states that the Discount Rate is 15.00% and the Semi- acquisition of the Holdings Stock by the ESOP will Annually Compounded Discount Rate is consist of seven members, one of whom be covered by the statutory exemption available 14.48%. will be designated by HAI (acting as under section 408(e) of the Act, because the If the Prepayment Amount is investment manager for the Plans), two Holdings Stock is considered ‘‘qualifying employer of whom will be selected by the ESOP securities’’ pursuant to section 407(d)(5) of the Act. $1,000,000 or more, the Annual The Department is providing no opinion in this Discount Rate is 17.50% and the Semi- Committee and the Union (the proposed exemption as to whether the acquisition Annually Compounded Discount Rate is Employee Directors), and one of whom and holding by the ESOP of Holdings Stock would 16.79%. will be designated by AHL (the be covered by section 408(e) of the Act and the Management Director). There will be If more than one prepayment is made, regulations thereunder. In addition, the Department three independent directors who will be is not providing any relief herein for any subsequent prepayments are entitled to jointly selected by the Employee transactions by the ESOP involving the Holdings be calculated at the larger discount rate Stock. Directors and the Management Director. 4 The Department wishes to note that ERISA’s On the date the Plans receive their first general standards of fiduciary conduct would apply understand the benefits and risks associated with cash payment under the terms of the to the proposed acquisition and holding of the Note engaging in a specific type of investment, following by the Plans and the proposed acquisition and disclosure to such fiduciary of all relevant Note (i.e., $893,000), HAI’s power to holding of the Stock by the ESOP, and that information. In addition, such plan fiduciary must designate a member of the AHL Board satisfaction of the conditions of this proposal be capable, either directly or indirectly through the will end. HAI will have the power to should not be viewed as an endorsement of the use of hired professional experts, of monitoring the designate (on behalf of the Plans) one investments by the Department. Section 404(a) of investment, including any changes in the value of the Act requires, among other things, that a plan the investment. Thus, in considering an investment, director of AHL Holdings until the Note fiduciary discharge his duties with respect to a plan a fiduciary should take into account its ability to is fully repaid. The ESOP, as 100% solely in the interest of the plan’s participants and provide adequate oversight of the particular shareholder of AHL Holdings, will elect beneficiaries and in a prudent fashion. Accordingly, investment. the rest of AHL Holdings’ Board. The the plan fiduciary must act prudently with respect The Department also wishes to note that it to the decision to enter into an investment reserves the right to investigate and take any other applicant represents that by requiring at transaction. The Department further emphasizes action with respect to the transaction which is the least one director to be elected by the that it expects the plan fiduciary to fully subject of the proposed exemption. Plans, and further precluding (1) the VerDate 11 VerDate 11 VerDate 11 VerDate 11 VerDate 11 VerDate 11 VerDate 11 Plans exercise their fiduciary authority transaction with an unrelated party. lease with Atlantis on September 1, to cause the Plans to enter into the Further, the Leases may be terminated 1999 for a five year term. This lease, Leases, the applicants state that the by the Plans without penalty, on sixty which was terminated when the transactions may violate section days prior written notice to the Building Building Corporation purchased 406(b)(2) of the Act because of the Corporation, should any provision of Building I from Atlantis on August 31, adverse interests of the Plans and the such Leases become disadvantageous to 2000, required the Building Corporation Building Corporation. the Plans. to pay Atlantis $4.50 per square foot in Again, the Department expresses no In addition, the Leases contain rent and it contained a 3% escalator opinion herein on whether each Lease specific provisions designed to be provision for increasing the rental constitutes the payment by a plan for beneficial to the Plans, such as the amount each year. The Building office space to a party in interest under tenant’s right to a ten-day written notice Corporation was also responsible for circumstances which would be of payment default, and the tenant’s paying its pro rata share of the common statutorily exempt from the prohibitions right to take action on behalf of the area expenses. of section 406(a) of the Act by reason of defaulting landlord and set off such In the Study, Mr. Diskin concluded section 408(b)(2) of the Act. costs against the rent. The applicants that as of October 6, 1999, the current 8. The Training Plan is initially note that these conditions cannot be fair market rent for space in Building I leasing 1,949 square feet of space in obtained in the open market without under a triple net lease would range Building I from the Building having to pay a higher rental to reflect between $4.25 and $4.50 per square Corporation. However, it is anticipated the increased costs and risks to the foot. that upon the termination of an landlord. 11. The Trustees of each Plan have unrelated third party’s lease in Building 10. On October 12, 1999, Brian D. also retained Maineland to serve as the I on June 30, 2001, the Training Plan Diskin (Mr. Diskin), a Certified General independent fiduciary for the Plans in will expand and reconfigure part of Appraiser, who is employed by connection with the subject Leases. On Building I so that the Training Plan will Maineland Appraisal Consultants of October 25, 1999, the Plans’ Trustees have 8,600 square feet for office space Portland, Maine (Maineland) as an signed a Fiduciary Engagement and training facilities. independent commercial real estate Agreement (the Agreement) with The M/P Plan is initially leasing 400 appraiser, completed a competitive Maineland whereby Maineland agreed square feet of space in Building I for its rental market study of Building I (the to: (a) Evaluate the fair market rental administrative offices. It is also Study). As stated above, Building I was value of Building I; (b) review, on behalf anticipated that this Plan will lease an constructed at its present location (i.e., of the Plans, the provisions of each additional 800 square feet in Building I 238 Goddard Road, Lewiston, Maine) in Lease (and any proposed amendments for its administrative offices once 1990, and it consists of a manufacturing thereto), and make a determination and certain unrelated third parties terminate warehouse containing two units. recommendation to the Trustees their respective leases in Building I. Mr. Diskin relied on the Market whether such Leases would be in the 9. Both the Training Plan Trustees Comparison Approach to determine the best interest and protective of the Plans; and the M/P Plan Trustees negotiated fair market rental value of Building I. and (c) monitor the Lease transactions at with the Building Corporation the Mr. Diskin considered rental amounts least annually (or more frequently, upon respective leasing agreements for their being charged for other warehouse/ written request by a Trustee) to ensure Plans. In this regard, each Lease is a industrial properties in the same that the rental amounts for the Leased triple-net lease having an initial term of geographic area as Building I, and he Space remain at fair market rental for a five years which commenced on determined that the market rents for Building I, and the Leases continue to August 31, 2000, and two consecutive such properties there ranged from $4 to be protective and in the best interest of five year renewal terms. Rent is being $6 per square foot, depending upon the Plans. paid monthly in advance under the such factors as location, size and utility In the Agreement, Maineland states Leases, and will equal the fair market of the particular facility. that it has been advised by legal counsel rental value of the Leased Space as In the Study, Mr. Diskin noted that regarding its fiduciary obligations under determined by a qualified, independent there were two tenants in Building I: RF ERISA, and it understands and accepts appraiser. Currently, the Leases specify Technologies (RF) 13 and the Building its duties as an ERISA fiduciary on that the Training Plan will pay $730.09 Corporation, both of which leased space behalf of the Plans with respect to the per month ($8,761 per year) in rent and from Atlantis, the former owner, until Leases. the M/P Plan will pay $150 per month the August 31, 2000 sale of Building I 12. In a letter dated December 16, ($1,800 per year) in rent. These monthly to the Building Corporation. Mr. Diskin 1999, Frank R. Montello, the president rentals reflect the values prior to the explained that RF’s original lease, of Maineland (Mr. Montello), has made reconfiguration. The rental amounts will which commenced on April 4, 1994, specific representations regarding be increased following the was in its fourth renewal period, which Maineland’s functions as the Plans’ reconfiguration. is set to expire on June 30, 2001. Mr. independent fiduciary for the Leases. The applicants represent that the Diskin indicated that RF’s lease Mr. Montello states that Maineland is annual fair market rental amount under provides for a rental payment of $4.25 completely independent of the Plans, the Leases will involve approximately per square foot. In addition, he the Union, the Employers and other one percent (1%) of the M/P Plan’s total explained that this lease is triple net entities affiliated with the Plans. Mr. assets and less than five percent (5%) of and requires RF to pay its pro rata share Montello also states that the fees the Training Plan’s total assets. of common area expenses. received by Maineland will not exceed However, in no event will the annual Mr. Diskin also noted that the one percent (1%) of Maineland’s annual fair market rental amount for the Leased Building Corporation had entered into a gross income (including all appraisal Space exceed five percent (5%) of each fees) for each fiscal year that Maineland Plan’s total assets. 13 The applicants state that RF, a manufacturing acts as the Plans’ independent fiduciary business that currently occupies approximately Other terms of the Leases will be at one-half of Building I, is not a party in interest with for the Leases. least as favorable to the Plans as the respect to either Plan, and is otherwise unrelated to Based on the Study completed by Mr. terms obtainable in an arm’s length the Plans, the Employers and the Union. Diskin (described in paragraph 10 VerDate 11 VerDate 11 DEPARTMENT OF LABOR NATIONAL AERONAUTICS AND NATIONAL AERONAUTICS AND SPACE ADMINISTRATION SPACE ADMINISTRATION Pension and Welfare Benefits Administration [Notice 00±114] [Notice 00±116] [Prohibited Transaction Exemption 2000± NASA Advisory Council (NAC), Space 45; Exemption Application Nos. D±10809 NASA Advisory Council, Life and Science Advisory Committee (SScAC), and D±10865] Microgravity Sciences and Astronomical Search for Origins and Applications Advisory Committee, Planetary Systems (ORIGINS); Grant of Individual Exemption to Meeting Subcommittee Meeting Amend and Replace Prohibited Transaction Exemption (PTE) 99±15, AGENCY: National Aeronautics and AGENCY: National Aeronautics and Involving Salomon Smith Barney Inc. Space Administration. Space Administration. (Salomon Smith Barney), Located in ACTION: Notice of meeting. ACTION: Notice of meeting. New York, NY SUMMARY: In accordance with the SUMMARY: In accordance with the AGENCY: Pension and Welfare Benefits Federal Advisory Committee Act, Pub. Federal Advisory Committee Act, Pub. Administration, U.S. Department of L. 92–463, as amended, the National L. 92–463, as amended, the National Labor (the Department). Aeronautics and Space Administration Aeronautics and Space Administration ACTION: Notice of Technical Correction. announces a meeting of the NASA announces a forthcoming meeting of the On September 7, 2000, the Advisory Council, Life and Microgravity NASA Advisory Council, Space Science Department published in the Federal Sciences and Applications Advisory Advisory Committee ORIGINS Register (65 FR 54315) a final Committee. Subcommittee. DATES: exemption which amends and replaces DATES: Thursday, October 19, 2000, 10 Monday, October 16, 2000, 8:30 PTE 99–15 (64 FR 1648, April 5, 1999), a.m. to 5 p.m.; and Friday, October 20, a.m. to 5 p.m.; Tuesday, October 17, an exemption granted to Salomon Smith 2000, 8 a.m. to 12 Noon. 2000, 8:30 a.m. to 5 p.m. Barney. PTE 99–15 relates to the ADDRESSES: National Aeronautics and ADDRESSES: National Aeronautics and operation of the TRAK Personalized Space Administration, 300 E Street, Space Administration Headquarters, 300 Investment Advisory Service product SW., Conference Room 7H46, E Street, SW., MIC–3, Room 3H46, (the TRAK Program) and the Trust for Washington, DC, 20546. Washington, DC 20546. Consulting Group Capital Markets FOR FURTHER INFORMATION CONTACT: Dr. Funds (the Consulting Group). FOR FURTHER INFORMATION CONTACT: Dr. Anne L. Kinney, Code S, National On page 54316 of the grant notice, the Stephen C. Davison, Code UG, National Aeronautics and Space Administration, last sentence of the third paragraph of Aeronautics and Space Administration, Washington, DC 20546, 202/358–2150. the SUPPLEMENTARY INFORMATION, Washington, DC 20546, 202/358–0647. SUPPLEMENTARY INFORMATION: The erroneously refers to an effective date of SUPPLEMENTARY INFORMATION: The meeting will be open to the public up July 10, 2000 with respect to Section meeting will be open to the public up to the capacity of the room. The agenda III(d) of the grant notice. Thus, the to the seating capacity of the room. The for the meeting includes the following sentence should be revised to read as agenda for the meeting is as follows: topics: follows: • Action Status • Progress with Space Interferometry The Final Exemption is effective as of • OLMSA Performance Against FY Mission April 1, 2000 with respect to the 2000 Targets • Planet Finder Program amendments to Sections II(i) and III(b) of the • Space Studies Board Update • Nexus grant notice and the inclusion of new Section • • Origins Technology III(d) of the grant notice. Status of ISS Program • • Update on Alpha Magnetic Large Binocular Telescope It is imperative that the meeting be Also on page 54316 of the grant Spectrometer notice, clause (c) of Footnote 1, should held on these dates to accommodate the • Radiation Health and Safety be revised as follows to describe more scheduling priorities of the key • ISS Non-Governmental accurately the purpose of the automated participants. Visitors will be requested Organization Status reallocation option: to sign a visitor’s register. • Overview of the Proposed New (c) adopted an automated reallocation Organization for Code U Dated: September 18, 2000. option under the TRAK Program which • Beth M. McCormick, would afford an Independent Plan Fiduciary Code U Research Plans • Subcommittee Reports Advisory Committee Management Officer, the option of having his or her asset National Aeronautics and Space allocation adjusted automatically whenever • Future LMSAAC Schedule Administration. the Consulting Group changes an allocation • Discussion of Committee Findings model; and Recommendations [FR Doc. 00–24400 Filed 9–21–00; 8:45 am] BILLING CODE 7510±01±P FOR FURTHER INFORMATION CONTACT: Ms. It is imperative that the meeting be Jan D. Broady of the Department at (202) held on this date to accommodate the 219–8881. (This is not a toll-free scheduling priorities of the key NATIONAL AERONAUTICS AND number.) participants. Visitors will be requested SPACE ADMINISTRATION to sign a visitor’s register. Signed at Washington, DC, this 18th day of September, 2000. Dated: September 18, 2000. [Notice 00±115] Ivan L. Strasfeld, Beth M. McCormick, NASA Advisory Council (NAC), Space Director of Exemption Determinations, Advisory Committee Management Officer, Science Advisory Committee (SScAC); Pension and Welfare Benefits Administration, National Aeronautics and Space Department of Labor. Administration. Meeting [FR Doc. 00–24388 Filed 9–21–00; 8:45 am] [FR Doc. 00–24402 Filed 9–21–00; 8:45 am] AGENCY: National Aeronautics and BILLING CODE 4510±29±M BILLING CODE 7510±01±P Space Administration. VerDate 11 ACTION: Notice of meeting. Mechanical Systems, Room 545, (703) 292– Reason for Closing: The proposals being 8360. reviewed include information of a SUMMARY: In accordance with the Purpose of Meeting: To provide advice and proprietary or confidential nature, including Federal Advisory Committee Act, Pub. recommendations concerning Career technical information; financial data, such as L. 92–463, as amended, the National proposals submitted to NSF for financial salaries; and personal information Aeronautics and Space Administration support. concerning individuals associated with the Agenda: To review and evaluate announces a forthcoming meeting of the proposals. These matters are exempt under 5 nominations for the FY’01 Sensor U.S.C. 552b(c), (4) and (6) of the Government NASA Advisory Council, Space Science Technologies for Civil and Mechanical in the Sunshine Act. Advisory Committee, Astrobiology Task Systems Review Panel Career proposals as Force. part of the selection process for awards. Dated: September 19, 2000. DATES: Monday, October 30, 2000, 8:15 Date/Time: November 2–3, 2000; 8:00 a.m. Karen J. York, a.m. to 5:30 p.m.; and Tuesday, October to 5:00 p.m. Committee Manager Officer. 31, 2000, 8:15 a.m. to 5:30 p.m. Place: NSF, 4201 Wilson Boulevard, Room [FR Doc. 00–24404 Filed 9–21–00; 8:45 am] 530, Arlington, Virginia 22230. ADDRESSES: Ames Research Center, BILLING CODE 7555±01±M Building 3 Conference Center, Moffett Contact Person: Dr. Alison Flatau, Program Director, Dynamic Systems and Control, Field, CA. Sensor Technologies for Civil and FOR FURTHER INFORMATION CONTACT: Dr. Mechanical Systems, Room 545, (703) 292– NATIONAL SCIENCE FOUNDATION Anne Kinney, Code S, National 8360. Special Emphasis Panel in Aeronautics and Space Administration, Purpose of Meeting: To provide advice and Mathematical Sciences; Notice of Washington, DC 20546, 202/358–2150. recommendations concerning Career proposals submitted to NSF for financial Meeting SUPPLEMENTARY INFORMATION: The support. meeting will be open to the public up Agenda: To review and evaluate In accordance with the Federal to the capacity of the room. The agenda nominations for the FY’01 Dynamic Systems Advisory Committee Act (Pub. L. 92– for the meeting is as follows: and Control Review Panel Career proposals 463, as amended), the National Science • Astrobiology at NASA Status as part of the selection process for awards. Foundation announces the following • NAI Status and Science Reason for Closing: The proposals being meeting. reviewed include information of a • Astrobiology at Ames Name: Special Emphasis Panel in proprietary or confidential nature, including • NARL and the Ames Research Park Mathematical Sciences (1204). technical information; financial data, such as • Date/Time: February 15-17, 2001, 8 am— Technology NRA and ASTEP salaries and personal information concerning • 4:30 pm. Technology Plan for Mars and individuals associated with the proposals. Place: National Science Foundation, 4201 Beyond These matters are exempt under 5 U.S.C. Wilson Blvd, Rooms 1020 and 1060, • The New Mars Architecture 552b(c), (4) and (6) of the Government in the Arlington, VA. • Senior Review Process and Sunshine Act. Type of Meeting: Closed. Astrobiology • Dated: September 19, 2000. Contact Person: Harry Warchall, Program New Initiatives in AB. Director, National Science Foundation, 4201 It is imperative that the meeting be Karen J. York, Wilson Boulevard, Arlington, VA 22230. held on these dates to accommodate the Committee Management Officer. (701) 292–4861. scheduling priorities of the key [FR Doc. 00–24407 Filed 9–21–00; 8:45 am] Purpose of Meeting: To provide advice and participants. Visitors will be requested BILLING CODE 7555±01±M recommendations concerning proposals to sign a visitor’s register. submitted to NSF for finally support. Agenda: To review an evaluate proposals Beth M. McCormick, NATIONAL SCIENCE FOUNDATION concerning the Applied Partial Differential Advisory Committee Management Officer, Equations Panel as part of the selection National Aeronautics and Space Earth Sciences Proposal Review process for awards. Reason for Closing: The proposals being Administration. Panel; Notice of Meeting [FR Doc. 00–24401 Filed 9–21–00; 8:45 am] reviewed include information of a proprietary or confidential nature, including BILLING CODE 7510±01±P In accordance with the Federal Advisory Committee Act (Pub. L. 92– technical information; financial data, such as 463, as amended), the National Science salaries and personal information concerning individuals associated with the proposals. NATIONAL SCIENCE FOUNDATION Foundation announces the following These matters are exempt under 5 U.S.C. meeting. 552b(c), (4) and (6) of the Government in the Special Emphasis Panel in Civil and Name: Earth Sciences Proposal Review Sunshine Act. Mechanical Systems; Notice of Panel (1569). Meetings Date/Time: October 18–20, 2000; 8:30 a.m. Dated: September 19, 2000. to 5 p.m. Karen J. York, In accordance with the Federal Place: National Science Foundation, 4201 Committee Management Officer. Advisory Committee Act (Pub. L. 92– Wilson Blvd., Room 380, Arlington, VA. [FR Doc. 00–24408 Filed 9–21–00; 8:45 am] 463, as amended), the National Science Type of Meeting: Closed. BILLING CODE 7555±01±M Foundation announces the following Contact Person: Dr. Leonard E. Johnson, closed meetings of the Special Emphasis Program Director, Continental Dynamics Panel in Civil and Mechanical Systems Program, Division of Earth Sciences, Room 785, National Science Foundation, 4201 NATIONAL SCIENCE FOUNDATION (1205): Wilson Blvd., Arlington, VA 22230; Date/Time: October 27, 2000; 8:00 a.m. to Telephone: (703) 292–4749. Special Emphasis Panel in 5:00 p.m. Purpose of Meeting: To provide advice and Mathematical Sciences; Notice of Place: NSF, 4201 Wilson Boulevard, Room recommendations concerning proposals Meeting 530, Arlington, Virginia 22230. submitted to NSF for financial support. Contact Person: Dr. Alison Flatau, Program Agenda: To review and evaluate In accordance with the Federal Director, Dynamic Systems and Control, Continental Dynamics proposals as part of Advisory Committee Act (Pub. L. 92– Sensor Technologies for Civil and the selection process for awards. 463, as amended), the National Science VerDate 11 Foundation announces the following Dated: September 19, 2000. Date and Time: October 16, 17 and 18, meeting. Karen J. York, 2000, 8:30 a.m.–6 p.m. Place: NSF, Room 320, 4201 Wilson Blvd., Name: Special Emphasis Panel in Committee Management Officer. Arlington, Virginia. Mathematical Sciences (1204). [FR Doc. 00–24410 Filed 9–21–00; 8:45 am] Date/Time: March 8–10, 2001, 8:00 a.m.– Type of Meeting: Part-Open. BILLING CODE 7555±01±M 4:30 p.m. Contact Person: Dr. Sharman O’Neill, Place: National Science Foundation, 4201 Program Director, Integrative Plant Biology , Wilson Blvd, Rooms 1020 and 1060, Division of Integrative Biology and Arlington, VA. NATIONAL SCIENCE FOUNDATION Neuroscience, Room 685N, National Science Contact Person: Thomas Fogwell, Program Foundation, 4201 Wilson Boulevard, Director: (703) 292–4878. David Kopriva, Advisory Panel for Neuroscience; Arlington, VA 22230, Telephone: (703) 292– Program Director: (703) 292–4879. National Notice of Meeting 7888. Science Foundation, 4201 Wilson Boulevard, Purpose of Meeting: To provide advice and Arlington, VA 22230. In accordance with the Federal recommendations concerning proposals Purpose of Meeting: To provide advice and Advisory Committee Act (Pub. L. 92– submitted to NSF for financial support. recommendations concerning proposals 463, as amended), the National Science Minutes: May be obtained from the contact submitted to NSF for financial support. Foundation announces the following person listed above. Agenda: To review and evaluate proposals meeting: Agenda: Open Session: October 17, 2000, concerning the Fluid Dynamics Panel as part 4 p.m. to 5 p.m.—discussion on research Name: Advisory Panel for Neuroscience of the selection process for awards. trends, opportunities and assessment (1158). Reason for Closing: The proposals being procedures in Integrative Plant Biology. Date and Time: November 13–15, 2000; 8 reviewed include information of a Closed Session: October 16, 2000, 8:30 a.m. to 5 p.m. proprietary or confidential nature, including a.m.–6 p.m.; October 17, 2000, 8:30 a.m. to Place: Room 630, 4201 Wilson Boulevard, technical information; financial data, such as 4 p.m. and 5 p.m. to 6 p.m.; and October 18, Arlington, VA. salaries and personal information concerning 2000, 8:30 a.m. to 6 p.m. To review and Type of Meeting: Part-Open. individuals associated with the proposals. evaluate Integrative Plant Biology proposals Contact Person: Dr. Carol Van Haresveldt, These matters are exempt under 5 U.S.C. as part of the selection process for wards. Program Director, Behavioral Neuroscience; 552b(c), (4) and (6) of the Government in the Reason for Closing: The proposals being Dr. Christopher Platt, Program Director, Sunshine Act. reviewed include information of a Computational Neuroscience; Division of proprietary of confidential nature, including Dated: September 19, 2000. Integrative Biology and Neuroscience, Suite technical information; financial data, such as 685, National Science Foundation, 4201 Karen J. York, salaries; and personal information Wilson Blvd., Arlington, VA 22230. Committee Management Officer. concerning individuals associated with the Telephone: (703) 292–8423. [FR Doc. 00–24409 Filed 9–21–00; 8:45 am] Purpose of Meeting: To provide advice and proposals. These mattes are exempt under 5 BILLING CODE 7555±01±M recommendations concerning proposals U.S.C. 552b(c), (4) and (6) of the Government submitted to NSF for financial support. in the Sunshine Act. Minutes: May be obtained from the contact Dated: September 19, 2000. NATIONAL SCIENCE FOUNDATION person listed above. Karen J. York, Agenda: Open Session: November 15, Special Emphasis Panel in 2000; 10 a.m. to 11 a.m., to discuss goals and Committee Meeting Officer. Mathematical Sciences; Notice of assessment procedures. Closed Session: [FR Doc. 00–24406 Filed 9–21–00; 8:45 am] Meeting November 13–14; 8 a.m. to 5 p.m.; November BILLING CODE 7555±01±M 15, 8 a.m. to 10 a.m., and 11 a.m. to 5 p.m. In accordance with the Federal To review and evaluate Behavioral & Advisory Committee Act (Pub. L. 92– Computational Neuroscience proposals as NATIONAL SCIENCE FOUNDATION 463, as amended), the National Science part of the selection process for awards. Reasons for Closing: The proposals being Foundation announces the following Advisory Panel for Physiology and reviewed include information of a Ethology; Notice of Meeting meeting. proprietary or confidential nature, including Name: Special Emphasis Panel in technical information; financial data, such as In accordance with the Federal Mathematical Sciences (1204). salaries; and personal information Advisory Committee Act (Pub. L. 92– Date/Time: March 1–3, 2001, 8 am—4:30 concerning individuals associated with the 463; as amended), the National Science proposals. These matters are exempt under 5 pm. Foundation (NSF) announces the Place: National Science Foundation, 4201 U.S.C. 552b(c), (4) and (6) of the Government Wilson Blvd., Rooms 1020 and 1060, in the Sunshine Act. following meeting. Arlington, VA. Dated: September 19, 2000. Name: Advisory Panel for Physiology and Ethology (1160). Type of Meeting: Closed. Karen J. York, Contact Person: Harry Warchall, Program Date and Time: October 23–25, 2000; 8:30 Director, National Science Foundation, 4201 Committee Meeting Officer. a.m.–6:00 p.m. Wilson Boulevard, Arlington, VA 22230. [FR Doc. 00–24403 Filed 9–21–00; 8:45 am] Place: NSF, Room 390, 4201 Wilson Blvd., (703) 292–4861. BILLING CODE 7555±01±M Arlington, Virginia. Purpose of Meeting: To provide advice and Type of Meeting: Part-Open. recommendations concerning proposals Contact Person: Dr. William E. Zamer, submitted to NSF for finanacial support. NATIONAL SCIENCE FOUNDATION Program Director, Integrative Animal Agenda: To review and evaluate proposals Biology, Division of Integrative Biology and concerning the Materials & Mechanics Panel Advisory Panel for Physiology and Neuroscience, Room 685N, National Science as part of the selection process for awards. Ethology; Notice of Meeting Foundation, 4201 Wilson Boulevard, Reason for Closing: The proposals being Arlington, VA 22230, Telephone: (703) 292– reviewed include information of a In accordance with the Federal 8421. proprietary or confidential nature, including Advisory Committee Act (Pub. L. 92– Purpose of Meeting: To provide advice and technical information; financial data, such as 463, as amended), the National Science recommendations concerning proposals salaries and personal information concerning Foundation (NSF) announces the submitted to NSF for financial support. individuals associated with the proposals. Minutes: May be obtained from the contact These matters are exempt under 5 U.S.C. following meeting. person listed above. 552b(c), (4) and (6) of the Government in the Name: Advisory Panel for Physiology and Agenda: Open Session: October 25, 2000. Sunshine Act. Ethology (1160). 10 a.m. to 11:00 a.m.—discussion on research VerDate 11 VerDate 11 VerDate 11 VerDate 11 CFR Part 2. Interested persons should petitioner is aware and on which the should be granted based upon a consult a current copy of 10 CFR 2.714 petitioner intends to rely to establish balancing of the factors specified in 10 which is available at the Commission’s those facts or expert opinion. Petitioner CFR 2.714(a)(1)(i)–(v) and 2.714(d). Public Document Room, the Gelman must provide sufficient information to For further details with respect to this Building, 2120 L Street, NW., show that a genuine dispute exists with action, see the application for Washington, DC, and accessible the applicant on a material issue of law amendment dated June 30, 2000, which electronically through the ADAMS or fact. Contentions shall be limited to is available for public inspection at the Public Electronic Reading Room link at matters within the scope of the Commission’s Public Document Room, the NRC Web site (http://www.nrc.gov). amendment under consideration. The the Gelman Building, 2120 L Street, If a request for a hearing or petition for contention must be one which, if NW., Washington, DC, and accessible leave to intervene is filed by the above proven, would entitle the petitioner to electronically through the ADAMS date, the Commission or an Atomic relief. A petitioner who fails to file such Public Electronic Reading Room link at Safety and Licensing Board, designated a supplement which satisfies these the NRC Web site (http://www.nrc.gov). by the Commission or by the Chairman requirements with respect to at least one Dated at Rockville, Maryland, this 18th day of the Atomic Safety and Licensing contention will not be permitted to of September 2000. Board Panel, will rule on the request participate as a party. For the Nuclear Regulatory Commission. and/or petition; and the Secretary or the Those permitted to intervene become Helen N. Pastis, parties to the proceeding, subject to any designated Atomic Safety and Licensing Senior Project Manager, Section 1, Project Board will issue a notice of hearing or limitations in the order granting leave to Directorate 1, Division of Licensing Project an appropriate order. intervene, and have the opportunity to Management, Office of Nuclear Reactor As required by 10 CFR 2.714, a participate fully in the conduct of the Regulation. petition for leave to intervene shall set hearing, including the opportunity to [FR Doc. 00–24441 Filed 9–21–00; 8:45 am] forth with particularity the interest of present evidence and cross-examine BILLING CODE 7590±01±P the petitioner in the proceeding, and witnesses. how that interest may be affected by the If a hearing is requested, the results of the proceeding. The petition Commission will make a final NUCLEAR REGULATORY should specifically explain the reasons determination on the issue of no COMMISSION why intervention should be permitted significant hazards consideration. The with particular reference to the final determination will serve to decide [Docket No. 72±2] when the hearing is held. following factors: (1) The nature of the Virginia Electric and Power Company If the final determination is that the petitioner’s right under the Act to be Issuance of Environmental amendment request involves no made party to the proceeding; (2) the Assessment and Finding of No significant hazards consideration, the nature and extent of the petitioner’s Significant Impact Regarding the Commission may issue the amendment property, financial, or other interest in Proposed Amendment to Revise and make it immediately effective, the proceeding; and (3) the possible Technical Specifications of License notwithstanding the request for a effect of any order which may be No. SNM±2501 entered in the proceeding on the hearing. Any hearing held would take petitioner’s interest. The petition should place after issuance of the amendment. The U.S. Nuclear Regulatory also identify the specific aspect(s) of the If the final determination is that the Commission (NRC or Commission) is subject matter of the proceeding as to amendment request involves a considering issuance of an amendment, which petitioner wishes to intervene. significant hazards consideration, any pursuant to 10 CFR 72.56, to Special Any person who has filed a petition for hearing held would take place before Nuclear Material License No. 2501 leave to intervene or who has been the issuance of any amendment. (SNM–2501) held by Virginia Electric admitted as a party may amend the A request for a hearing or a petition and Power Company (Virginia Power) petition without requesting leave of the for leave to intervene must be filed with for the Surry independent spent fuel Board up to 15 days prior to the first the Secretary of the Commission, U.S. storage installation (ISFSI). The prehearing conference scheduled in the Nuclear Regulatory Commission, requested amendment would revise the proceeding, but such an amended Washington, DC 20555–0001, Attention: Technical Specifications (TS) of SNM– petition must satisfy the specificity Rulemakings and Adjudications Staff, or 2501 to specifically permit the use of requirements described above. may be delivered to the Commission’s the TN–32 storage cask to store spent Not later than 15 days prior to the first Public Document Room, the Gelman fuel with a higher initial enrichment prehearing conference scheduled in the Building, 2120 L Street, NW., and burnup than currently specified in proceeding, a petitioner shall file a Washington, DC, by the above date. A the TS for the Surry ISFSI. supplement to the petition to intervene copy of the petition should also be sent which must include a list of the to the Office of the General Counsel, Environmental Assessment (EA) contentions which are sought to be U.S. Nuclear Regulatory Commission, Identification of Proposed Action: By litigated in the matter. Each contention Washington, DC 20555–0001, and to letter dated November 15, 1999, as must consist of a specific statement of Kevin P. Gallen, Esquire, Morgan, Lewis supplemented, Virginia Power the issue of law or fact to be raised or & Bockius LLP, 1800 M Street, NW., requested an amendment to revise the controverted. In addition, the petitioner Washington, DC 20036–5869, attorney TS of SNM–2501 for the Surry ISFSI. shall provide a brief explanation of the for the licensee. The changes would specifically permit bases of the contention and a concise Nontimely filings of petitions for the use of the TN–32 storage cask to statement of the alleged facts or expert leave to intervene, amended petitions, store spent fuel with a higher initial opinion which support the contention supplemental petitions and/or requests enrichment and burnup than currently and on which the petitioner intends to for hearing will not be entertained specified in the TS. Currently the TS for rely in proving the contention at the absent a determination by the the Surry ISFSI limit the fuel to be hearing. The petitioner must also Commission, the presiding officer or the stored in the TN–32 to the following: provide references to those specific presiding Atomic Safety and Licensing initial enrichment of ≤ 3.85 % (wt U- sources and documents of which the Board that the petition and/or request 235), assembly average burnup of ≤ VerDate 11 40,000 MWD/MTU, and heat generation Based on the occupational and public prepare an environmental impact of ≤ 0.847 Kw/assembly. This dose analysis results, there are no statement for the proposed exemption. amendment requests the limits be significant radiological environmental For further details with respect to this amended to match those approved for impacts associated with the proposed action, see the amendment application the TN–32 storage cask per the action. dated November 15, 1999, as Certificate of Compliance (CoC) and The amendment only affects the supplemented. In accordance with 10 Safety Evaluation Report (SER) issued in requirements associated with the CFR 2.790 of the NRC’s ‘‘Rules of March 2000. Those approved limits are content of the casks and does not affect Practice,’’ a copy of the application, as as follows: initial enrichment of ≤ non-radiological plant effluents or any supplemented, will be available 4.05% (wt U–235), assembly average other aspects of the environment. electronically for public inspection in burnup ≤ 45,000 MWD/MTU, and heat Therefore, there are no significant non- the NRC Public Document Room, 2120 generation of ≤ 1.02 Kw/assembly. radiological environmental impacts L Street NW. (Lower Level), Need for the Proposed Action: The associated with the proposed action. Washington, DC, or from the Publically proposed action is necessary to allow Accordingly, the Commission Available Records (PARS) components continued storage of spent fuel in dry concludes that there are no significant of the NRC’s document system casks. Without this amendment Surry environmental impacts associated with (ADAMS). ADAMS is accessible from will be unable to load spent fuel in TN– the proposed action. the NRC Web site at http://www.nrc.gov/ 32 casks because their remaining fuel Alternative to the Proposed Action: NRC/ADAMS/index.html (the Public has the higher enrichment and burnup. The alternative to the proposed action Electronic Reading Room). If unable to store spent fuel in TN–32’s, would be to deny the request for Surry will not be able to retain full core amendment (i.e., the ‘‘no-action’’ Dated at Rockville, Maryland, this 8th day of September 2000. offload capability. Surry would alternative). Denial of the proposed eventually have to find an alternate action would result in Surry storing For the Nuclear Regulatory Commission. means to store fuel, or shut down. spent fuel in the spent fuel pool. E. William Brach, Environmental Impacts of the Without dry cask storage, Surry would Director, Spent Fuel Project Office, Office of Proposed Action: The NRC has lose the capability to maintain full core Nuclear Material Safety and Safeguards. completed its evaluation of the offload and eventually would have to [FR Doc. 00–24363 Filed 9–21–00; 8:45 am] proposed action and concludes that shut down due to lack of storage space. BILLING CODE 7590±01±P granting the request for amendment to Increased storage in the spent fuel allow the storage of spent fuel pool could potentially lead to greater assemblies with burnup and initial occupational exposure than dry cask enrichment of up to 45,000 MWD/MTU storage due to the proximity of workers POSTAL RATE COMMISSION and 4.05% (wt U–235), respectively, in to the fuel. The environmental impacts TN–32 casks used at the Surry ISFSI, of the alternative action could be greater Sunshine Act Meetings will not increase the probability or than the proposed action. NAME OF AGENCY: Postal Rate consequence of accidents beyond that Given that the alternative action of bounded by previous analysis. In March denying the approval for amendment Commission. 2000, the NRC issued a CoC and SER for has no lesser environmental impacts TIME AND DATE: Daily, or as needed, the TN–32 allowing storage of spent fuel associated with it, and considering that starting after 9:30 a.m., from September in the TN–32 under a general license, the proposed action would result in 25, 2000, through November 8, 2000. with the higher enrichment and burnup, storage of fuel in the TN–32 casks at PLACE: Commission conference room, resulting in no significant Surry ISFSI as already approved for 1333 H Street, NW., Suite 300, environmental impact. No changes are storage under a general license, the Washington, DC 20268–0001. being made in the types of any effluents Commission concludes that the STATUS: Closed. that may be released offsite. With regard preferred alternative is to grant this MATTERS TO BE CONSIDERED: to radiological impacts, the addition of amendment. Recommendations in Docket No. higher burnup and initial enrichment Agencies and Persons Consulted: On R2000–1. spent fuel assemblies was calculated to August 18, 2000, Mr. Les Foldese of the yield an average surface dose rate of 224 Virginia Department of Health, CONTACT PERSON FOR MORE INFORMATION: mrem/hour at the TN–32 cask side Radiological Health Programs, was Stephen L. Sharfman, General Counsel, surface. A reevaluation of occupational contacted regarding the proposed action Postal Rate Commission, Suite 300, doses based on actual operating and had no concerns. 1333 H Street, NW, Washington, DC experience from loading 39 casks, 20268–0001, 202–789–6820. Finding of No Significant Impact indicates that the overall exposure to Dated: September 19, 2000. workers during cask loading, transport, The environmental impacts of the Margaret P. Crenshaw, and emplacement will decrease from the proposed action have been reviewed in Secretary. accordance with the requirements set original estimate of 21.2 person-rem to [FR Doc. 00–24548 Filed 9–20–00; 12:39 pm] 11.9 person-rem. The dose to the closest forth in 10 CFR Part 51. Based upon the BILLING CODE 7710±FN±M real receptor due to Surry ISFSI foregoing Environmental Assessment, operations was calculated to be 6×10¥1 the Commission finds that the proposed mrem/year. This dose is several orders- action of granting an amendment to of-magnitude below natural background permit the use of the TN–32 dry storage POSTAL SERVICE BOARD OF radiation levels and is an insignificant cask to store spent fuel with a higher GOVERNORS amount when compared to the 10 CFR initial enrichment (≤ 4.05% wt U–235) Part 72.104 whole-body dose limit of 25 and burnup (≤ 45,000 MWD/MTU) at Sunshine Act Meeting mrem/year. The annual whole-body the Surry ISFSI will not significantly dose to the closest real receptor from all impact the quality of the human TIMES AND DATES: 9 a.m., Monday, Surry operations is 16 mrem, which is environment. Accordingly, the October 2, 2000; 8:30 a.m., Tuesday, below the 10 CFR Part 72.104 limit. Commission has determined not to October 3, 2000. VerDate 11 PLACE: San Diego, California, at the San (Chairman Dyhrkopp) Services, Inc. (‘‘Services’’), both located Diego Marriott Hotel, 333 West Harbor 5. Preliminary FY 2002 Appropriation at 222 West Washington Avenue, Drive, in the Marina Ballroom D. Request. (Mr. Richard Strasser) Madison, Wisconsin 53703; and two of 6. Capital Investments. its public utility subsidiary companies, STATUS: October 2 (Closed); October 3 a. Champaign, Illinois, Processing and (Open). Distribution Facility Expansion. (Mr. IES Utilities, Inc. (‘‘IES’’), Alliant Energy MATTERS TO BE CONSIDERED: Monday, Danny Jackson) Tower, Cedar Rapids, Iowa 52401 and October 2—9 a.m. (Closed) b. Stamford, Connecticut—New Springdale Interstate Power Company (‘‘IPC’’), 1000 1. Finance Performance. Station Additional Funding. (Ms. Diane Main Street S.E., P.O. Box 769, 2. Fiscal Year 2001 Integrated Financial Plan. Van Loozen) Dubuque, Iowa 52004 (together, 3. Establish/Deploy Process. 7. Report on the San Diego District. ‘‘Applicants’’), have filed a post- 4. Fiscal Year 2001 Economic Value Added 8. Tentative Agenda for the November 13–14, effective amendment under sections (EVA) Variable Pay Program. 2000, meeting in Washington, DC 6(a), 7, 9(a), 10, 12(b), 32 and 33 of the 5. EEO Settlement Authority. [FR Doc. 00–24589 Filed 9–20–00; 3:07 pm] Act and rules 43, 45, and 53 under the 6. Personnel Matters. BILLING CODE 7710±12±M Act to their application-declaration 7. Compensation Issues. previously filed under the Act. Tuesday, October 3—8:30 a.m. (Open) By order dated December 18, 1998 1. Minutes of the Previous Meeting, August SECURITIES AND EXCHANGE (HCAR No. 26956) (‘‘Financing Order’’), 28–29, 2000. COMMISSION the Commission authorized, among 2. Remarks of the Postmaster General and [Release No. 35±27230] other things, Alliant Energy to issue and CEO. sell from time to time through December 3. Board of Governors Calendar Year 2001 Filings Under the Public Utility Holding 31, 2000, commercial paper and/or Meeting Schedule. Company Act of 1935, as Amended notes at market based rates (‘‘Short- 4. Office of the Governors FY 2001 Budget. Term Debt’’) in an aggregate principal 5. Preliminary FY 2002 Appropriation (``Act'') Request. amount at any time outstanding of up to September 15, 2000. 6. Capital Investments. $750 million. The Financing Order a. Champaign, Illinois, Processing and Notice is hereby given that the authorized Alliant Energy to use $450 Distribution Facility Expansion. following filing(s) has/have been made million of the proceeds of the Short- b. Stamford, Connecticut–New Springdale with the Commission pursuant to Term Debt to fund its utility subsidiary Station Additional Funding. provisions of the Act and rules money pool (‘‘Utility Money Pool’’), and 7. Report on the San Diego District. promulgated under the Act. All to use up to $300 million of the 8. Tentative Agenda for the November 13–14, interested persons are referred to the remaining Short-Term Debt to fund 2000, meeting in Washington, DC. application(s) and/or declaration(s) for investments in ‘‘exempt wholesale CONTACT PERSON FOR MORE INFORMATION: complete statements of the proposed generators’’ (‘‘EWGs’’) and ‘‘foreign David G. Hunter, Secretary of the Board, transaction(s) summarized below. The utility companies’’ (‘‘FUCOs’’), as those U.S. Postal Service, 475 L’Enfant Plaza, application(s) and/or declaration(s) and terms are defined in sections 32 and 33 SW., Washington, DC 20260–1000. any amendment(s) is/are available for of the Act. In addition, the Financing Telephone (202) 268–4800. public inspection through the Order authorized Alliant Energy’s David G. Hunter, Commission’s Branch of Public operating company subsidiaries, IES Secretary. Reference. and IPC, to make borrowings under and Interested persons wishing to invest surplus funds in the Utility Tentative Agenda comment or request a hearing on the Money Pool.1 Finally, the Financing application(s) and/or declaration(s) Monday Session, October 2—9 a.m. Order authorized Alliant Energy to enter should submit their views in writing by into guarantees, obtain letters of credit, (Closed)—San Diego Marriott in Marina October 10, 2000, to the Secretary, enter into expense agreements or Ballroom D Securities and Exchange Commission, otherwise provide credit support 1. Financial Performance. (Mr. Richard Washington, DC 20549–0609, and serve (‘‘Guarantees’’) for its nonutility Strasser) a copy on the relevant applicant(s) and/ subsidiaries in an aggregate amount not 2. Fiscal Year 2001 Integrated Financial Plan. or declarant(s) at the address(es) to exceed $600 million outstanding at (Mr. Richard Strasser) specified below. Proof of service (by any one time.2 3. Establish/Deploy Process. (Mr. Patrick affidavit or, in the case of an attorney at The Applicants now request that the Donahoe) law, by certificate) should be filed with Commission modify certain aspects of 4. Fiscal Year 2001 EVA Variable Pay the request. Any request for hearing the Financing Order and extend the Program. (Ms. Yvonne Maguire) should identify specifically the issues of authorization period from December 31, 5. Overview of the Sales Organization. (Ms. Gail Sonnenberg) facts or law that are disputed. A person 2000 to June 30, 2004 (‘‘Authorization 6. Briefing on Advertising. (Mr. Allen Kane) who so requests will be notified of any Period’’). Specifically, Alliant Energy 7. EEO Settlement Authority. (Ms. Mary hearing, if ordered, and will receive a Anne Gibbons) copy of any notice or order issued in the 1 The Financing Order limited Utility Money Pool 8. Personnel Matters. matter. After October 10, 2000, the borrowing to annual outstanding amounts of $150 9. Compensation Issues. million for IES and $72 million for IPC. application(s) and/or declaration(s), as 2 Alliant Energy Resources, Inc. (‘‘AER’’), a Tuesday Session, October 3—8:30 a.m. filed or as amended, may be granted subsidiary nonutility holding company of Alliant and/or permitted to become effective. Energy, maintains a separate commercial paper (Open)—San Diego Marriott in Marina program and bank credit facilities totaling $600 Ballroom D Alliant Energy Corporation, et al. (70– million to fund a separate nonutility money pool 1. Minutes of the Previous Meeting, August 9317) (‘‘Nonutility Money Pool’’) maintained for the 28–29, 2000. benefit of Alliant Energy’s direct and indirect Alliant Energy Corporation (‘‘Alliant nonutility subsidiaries other than Services. As 2. Remarks of the Postmaster General and noted in the Financing Order, AER’s financing CEO. (Mr. William Henderson) Energy’’) (formerly, Interstate Energy Corporation), a registered holding arrangements are exempt from Commission review 3. Board of Governors Calendar Year 2001 under rule 52(b). Similarly, borrowings by members Budget. (Chairman Dyhrkopp) company, and its service company of the Nonutility Money Pool also are exempt under 4. Office of the Governors FY 2001 Budget. subsidiary, Alliant Energy Corporate rule 52(b). VerDate 11 VerDate 11 VerDate 11 It is Therefore Ordered, pursuant to may be examined at the places specified III. Date of Effectiveness of the section 19(b)(2) of the Act, 8 that the in Item IV below. The ISE has prepared Proposed Rule Change and Timing for proposed rule change (SR–Amex–00– summaries, set forth in Sections A, B, Commission Action 07) is hereby approved until March 12, and C below, of the most significant 2001. aspects of such statements. Because the foregoing rule change establishes or changes a due, fee, or For the Commission, by the Division of A. Self-Regulatory Organization’s other charge imposed by the Exchange, Market Regulation, pursuant to delegated Statement of the Purpose of, and authority. 9 it has become effective pursuant to Statutory Basis for, the Proposed Rule 5 Margaret H. McFarland, section 19(b)(3)(A)(ii) of the Act and Change subparagraph (f)(2) of Rule 19b–4 Deputy Secretary. 1. Purpose thereunder.6 At any time within 60 days [FR Doc. 00–24350 Filed 9–21–00; 8:45 am] of the filing of the proposed rule change, BILLING CODE 8010±01±M The purpose of the rule change is to the Commission may summarily adopt a monthly rental fee for computer abrogate such rule change if it appears equipment ISE supplies to members that SECURITIES AND EXCHANGE to the Commission that such action is enables members to communicate with COMMISSION necessary or appropriate in the pubic the Exchange. The Exchange is adopting interest, for the protection of investors, [Release No. 34±43298; File No. SR±ISE± a monthly fee of $1,400 for members or otherwise in furtherance of the 00±06] that receive a cabinet (consisting of purposes of the Act. various components) and $200 for Self-Regulatory Organizations; Notice members that only receive a router from IV. Solicitation of Comments of Filing and Immediate Effectiveness the Exchange. These fees will be used to of Proposed Rule Change by the Interested persons are invited to cover the costs of the equipment to the submit written data, views, and International Securities Exchange LLC, Exchange. Relating to Equipment Rental Fees and arguments concerning the foregoing, Annual Access Fee The ISE also is clarifying that the including whether the proposed rule annual access fee for primary and change is consistent with the Act. September 15, 2000. competitive market makers currently Persons making written submissions Pursuant to section 19(b)(1) of the contained in its fee schedule is applied should file six copies thereof with the Securities Exchange Act of 1934 on a per-membership basis. In the case Secretary, Securities and Exchange (‘‘Act’’) 1 and Rule 19b–4 thereunder,2 where a single member firm has Commission, 450 Fifth Street, NW., notice is hereby given that on August 3, multiple ISE memberships, the annual Washington, DC 20549–0609. Copies of 2000, the International Securities access fee is charged for each the submission, all subsequent Exchange LLC (‘‘ISE’’ or ‘‘Exchange’’) membership. For example, if a single amendments, all written statements filed with the Securities and Exchange member firm is both an electronic with respect to the proposed rule Commission (‘‘Commission’’) the access member and a competitive change that are filed with the proposed rule change as described in market maker, the firm is subject to the Commission, and all written Items I, II, and III below, which Items annual access fee for both memberships. communications relating to the have been prepared by the Exchange. Also, if a firm owns multiple market proposed rule change between the The Commission is publishing this maker memberships, it is subject to an Commission and any person, other than notice to solicit comments on the annual access fee for each of those those that may be withheld from the proposed rule change from interested memberships. public in accordance with the persons. 2. Statutory Basis provisions of 5 U.S.C. 552, will be I. Self-Regulatory Organization’s available for inspection and copying at The ISE believes that the proposed Statement of the Terms of Substance of the Commission’s Public Reference rule change is consistent with section the Proposed Rule Change Room. Copies of such filing will also be 6(b) of the Act,3 in general, and furthers available for inspection and copying at The ISE proposes to adopt monthly the objectives of section 6(b)(4) of the the principal office of the Exchange. All rental fees for computer equipment that Act,4 in particular, in that it is designed submissions should refer to the File No. ISE supplies to its members. The ISE to provide for the equitable allocation of SR–ISE–00–06 and should be submitted also is clarifying that it applies its reasonable dues, fees, and other charges by October 13, 2000. existing annual access fee for among ISE members and other persons For the Commission, by the Division of competitive and primary market makers using its facilities. on a per membership basis. Market Regulation, pursuant to delegated B. Self-Regulatory Organization’s authority.7 II. Self-Regulatory Organization’s Statement on Burden on Competition Margaret H. McFarland, Statement of the Purpose of, and Deputy Secretary. Statutory Basis for, the Proposed Rule The Exchange does not believe that [FR Doc. 00–24351 Filed 9–21–00; 8:45 am] Change the proposed rule change will impose any burden on competition. BILLING CODE 8010±01±M In its filing with the Commission, the ISE included statements concerning the C. Self-Regulatory Organization’s 5 15 U.S.C. 78s(b)(3)(A)(ii). purpose of and basis for the proposed Statement on Comments on the 6 17 CFR 240.19b–4(f)(2). At the Exchange’s rule change and discussed any Proposed Rule Change Received From request, the inadvertent citation to paragraph (e) of comments it received on the proposed Members, Participants, or Others Rule 19b–4 in the filing originally received by the rule change. The text of these statements Commission on August 3, 2000, has been changed Written comments were neither to the correct citation—paragraph (f)(2). Telephone conversation between Katherine Simmons, Vice 8 solicited nor received. 15 U.S.C. 78s(b)(2). President and Associate General Counsel, ISE, and 9 17 CFR 200.30–3(a)(12). Geoffrey Pemble, Attorney, Division of Market 1 15 U.S.C. 78s(b)(1). 3 15 U.S.C. 78f(b). Regulation, Commission, on September 15, 2000. 2 17 CFR 240.19b–4. 4 15 U.S.C. 78f(b)(4). 7 240 CFR 200.30–3(a)(12). VerDate 11 SECURITIES AND EXCHANGE After the appointment of an arbitrator arbitrator form rendering an objective COMMISSION and prior to the commencement of the and impartial determination described earlier of (A) the first pre-hearing in paragraph (a) is a continuing duty [Release No. 34±43291; File No. SR±NASD± 00±34] conference or (B) the first hearing, if the that requires a person who accepts Director or a party objects to the appointment as an arbitrator to disclose, Self-Regulatory Organizations; Notice continued service of the arbitrator, the at any stage of the arbitration, any such of Filing of Proposed Rule Change by Director shall determine if the arbitrator interests, relationships, or the National Association of Securities should be disqualified. If the Director circumstances that arise, or are recalled Dealers, Inc. Relating to the Authority sends a notice to the parties that the or discovered. of the Director of Arbitration to arbitrator shall be disqualified, the (d) Removal by Director Remove Arbitrators for Cause arbitrator will be disqualified unless the [Prior to the commencement of the parties unanimously agree otherwise in earlier of (1) the first pre-hearing September 14, 2000. writing and notify the Director not later conference or (2) the first hearing, the] Pursuant to section 19(b)(1) of the than 15 days after the Director sent the (1) The Director may remove an Securities Exchange Act of 1934 notice. arbitrator based on information that is 1 2 (‘‘Act’’) and Rule 19b–4 thereunder, (2) [Authority of Director to Disqualify required to be disclosed pursuant to this notice is hereby given that on June 13, Ceases] Removal by Director Rule. 2000, the National Association of After the commencement of the (2) After the commencement of the Securities Dealers, Inc. (‘‘NASD’’ or earlier of (A) the first pre-hearing earlier of (A) the first pre-hearing ‘‘Association’’), through its wholly conference or (B) the first hearing, the conference or (B) the first hearing, the owned subsidiary NASD Dispute Director[’s authority to] may remove an Director may remove an arbitrator based Resolution, Inc. (‘‘NASD Dispute arbitrator from an arbitration panel only on information not known to the Resolution’’), filed with the Securities [ceases] based on information that is parties when the arbitrator was selected. and Exchange Commission required to be disclosed pursuant to The Director’s authority under this (‘‘Commission’’ or ‘‘SEC’’) the proposed Rule 10312 and that was not previously subparagraph (2) may be exercised only rule change as described in Items I, II, disclosed. by the Director or the President of NASD and III below, which Items have been (3) Unchanged. Dispute Resolution. (e) Unchanged. prepared by NASD Dispute Resolution. (e) [Prior to the commencement of the On July 28, 2000, NASD Dispute * * * * * earlier of (1) the first pre-hearing Resolution submitted Amendment No. 1 conference or (2) the first hearing, t]The 3 10312. Disclosures Required of to the proposed rule change. The Arbitrators and Director’s Authority to Director shall inform the parties to an Commission is publishing this notice of Disqualify arbitration proceeding of any the rule change, as amended, to solicit (a) Each arbitrator shall be required to information disclosed to the Director comments on the proposed rule change under this Rule unless either the from interested persons. disclose to the Director of Arbitration any circumstances which might arbitrator who disclosed the information I. Self-Regulatory Organization’s preclude such arbitrator form rendering withdraws voluntarily as soon as the Statement of the Terms of Substance of an objective and impartial arbitrator learns of any interest, [or] the Proposed Rule Change determination. Each arbitrator shall relationship, or circumstances described in paragraph (a) that might preclude the NASD Dispute Resolution proposes to disclose: arbitrator from rendering an objective amend NASD Rules 10308 and 10312 to (1) Any direct or indirect financial or and impartial determination in the provide authority for the Director of personal interest in the outcome of the proceeding, or the Director removes the Arbitration (‘‘Director’’) to remove arbitration; arbitrator. arbitrators for cause after hearings have (2) Any existing or past financial, [(f) After the commencement of the begun. Below is the text of the proposed business, professional, family, [or] earlier of (1) the first pre-hearing rule change. Proposed new language is social, or other relationships or conference or (2) the first hearing, the italicized; proposed deletions are in circumstances that are likely to affect Director’s authority to remove an brackets. impartiality or might reasonably create an appearance of partiality or bias. arbitrator from an arbitration panel 10000. CODE OF ARBITRATION Persons requested to serve as arbitrators ceases. During this period, the Director PROCEDURE should disclose any such relationships shall inform the parties of any * * * * * or circumstances that they [personally] information disclosed by an arbitrator have with any party or its counsel, or under this Rule.] 10308. Selection of Arbitrators with any individual whom they have * * * * * (a)–(c) Unchanged. been told will be a witness. They should (d) Disqualification and Removal of II. Self-Regulatory Organization’s also disclose any such relationship or Statement of the Purpose of, and Arbitrator Due to Conflict of Interest or circumstances involving members of Bias. Statutory Basis for, the Proposed Rule their families or their current Change (1) Disqualification by Director employers, partners, or business associates. In its filing with the Commission, 1 15 U.S.C. 78s(b)(1). (b) Persons who are requested to NASD Dispute Resolution included 2 17 CFR 240.19b–4. accept appointment as arbitrators statements concerning the purpose of 3 See letter from Jean I. Feeney, Special Advisor to the President, NASD Dispute Resolution, to should make a reasonable effort to and basis for the proposed rule change Katherine A. England, Assistant Director, Division inform themselves of any interest, [or] and discussed any comments it received of Market Regulation (‘‘Division’’), Commission, relationships or circumstances on the proposed rule change. The text dated July 27, 2000. In Amendment No. 1, NASD described in paragraph (a) above. of these statements may be examined at Regulation clarifies certain portions of the description of the proposed rule change and makes (c) The obligation to disclose the places specified in Item IV below. technical amendments to the text of the proposed interests, relationships, or NASD Dispute Resolution has prepared rule language. circumstances that might preclude an summaries, set forth in Sections A, B, VerDate 11 VerDate 11 The present rule is no longer JAMS,11 whose rules permit the obtained from some other source, that necessary. The present rule language administering organization to remove an should have been disclosed by the reflects a long-standing policy of the arbitrator for cause at any time in the arbitrator. Consistent with the rules of NASD and all other SROs that arbitration process. other dispute resolution forums, NASD administer securities arbitration, that The present rule invites delay and Dispute Resolution proposes to amend the Director may not remove an administrative disruption. The present the Code to permit the Director to arbitrator after the hearings have rule invites delays in the process, while entertain for-cause challenges based on commenced. In addition, the Securities parties wrestle with the issue of for- sources in addition to the arbitrator. Industry Conference on Arbitration cause challenges to sitting arbitrators, Therefore, the proposed changes would (SICA) adopted an amendment to the and perhaps seek judicial intervention. allow the Director to remove an Uniform Code of Arbitration at its In the NASD Dispute Resolution forum, arbitrator based on information that is meeting on March 14, 2000, which is there have been situations in which required to be disclosed pursuant to analogous to this proposed rule change.8 viable for-cause challenges were raised Rule 10312 and that was not previously That policy was designed, in part, to after the Director’s authority to remove disclosed. eliminate any perception that member arbitrators ceased. Under current rules, Some users of the arbitration forum firms could influence the composition the Director would be unable to rule on may be concerned about giving more of the panel after hearings have the merits of such challenges, despite power to NASD Dispute Resolution staff commenced. The proposed amendment clear substantive grounds supporting to remove arbitrators who were selected reflects the greater acceptance that removal, and the prevailing party would by the parties. To address that concern, arbitration now enjoys. In addition, the be subject to the risk of having the the proposed rule change provides that corporate separation of the market and award vacated on grounds of evident the only persons who can remove regulation functions, and the spin-off of partiality. 12 arbitrators under the proposed the NASD Regulation Office of Dispute The arbitrator should not be the only amendments will be the Director and Resolution as a separate company 9 source of information. Rule 10312 of the the President (following the spin-off), to increase the independence of the Code can be interpreted to limit the whom he reports. This authority cannot Director and diminish the need for the Director’s authority to challenges based be delegated. In addition, as discussed present rule. on information disclosed by the above, removal can only be based on The present rule is inconsistent with arbitrator under that rule. This could information that was required to be the concept of administered arbitration. prevent the Director from entertaining a disclosed pursuant to Rule 10312 and NASD Dispute Resolution offers an challenge based on information, that was not known to the parties at the ‘‘administered’’ arbitration system, in time the arbitrator was appointed. that the parties submit their dispute to communicate the information to the parties and, if it deems it appropriate to do so, to the arbitrator b. Description of Proposed Amendments NASD Dispute Resolution for complete and others. NASD Dispute Resolution proposes to administration of the dispute, from (b) Upon objection of a party to the continued filing a claim to issuance of an award. service of a neutral arbitrator, the AAA shall amend Rule 10308, the list selection One of the key benefits of administered determine whether the arbitrator should be rule, to provide that the authority of the arbitration is the ability to have all disqualified and shall inform the parties of its Director to disqualify or remove decision, which shall be conclusive. arbitrator does not end when the first ancillary issues relating to the 11 The Procedures for Securities Arbitrations arbitration—such as removal of Administered by JAMS Under the Securities pre-hearing or hearing session begins. arbitrators for cause—resolved without Industry Conference on Arbitration Non-SRO Pilot Rather, proposed Rule 10308(b)(2) recourse to the courts. Moreover, the Program (Website visited June 1, 2000) http:// provides that, after that first session, the www.jamsadr.com/arbitrationrules/ present rule is inconsistent with the Director may remove an arbitrator from securitiesarab.htm#13. Disclosure, provide: an arbitration panel based on approaches of other major dispute Section 13. Disclosure and Challenge Procedure resolution forums, such as the American Any person appointed as an arbitrator must information that is required to be Arbitration Association (‘‘AAA’’) 10 and disclose to JAMS any circumstance likely to affect disclosed pursuant to Rule 10312 and impartiality, including any bias or any financial or that was not previously disclosed. personal interest in the result of the arbitration or 8 Section 11 of the Uniform Code of Arbitration, NASD Dispute Resolution proposes to any past or present relationship with the parties or Disclosures Required by Arbitrations, was revised their representatives. Upon receipt of such amend Rule 10312, the arbitrator to read as follows: information from the arbitrator or other source, disclosure rule, in several places. NASD (e) Once the hearings have commenced, the JAMS will communicate the information to the Dispute Resolution proposes to amend Director may remove an arbitrator based only on parties and, if it deems it appropriate to do so, to Rule 10312(a)(2) to include any existing information required to be disclosed under the arbitrator and others. Upon objection of a party subsection (a), not known to the parties when the to the continued service of an arbitrator, JAMS will or past financial, business, professional, arbitrator was selected. The Director’s authority determine whether the arbitrator should be family, social, or other relationships or under this subsection (e) may not be delegated. disqualified and will inform the parties of its circumstances that are likely to affect 9 See Exchange Act Release No. 41971 (Sept. 30, decision, which will be conclusive. 1999) (File No. SR–NASD–99–21), 64 FR 55793 impartiality or might reasonably create 12 Under the Federal Arbitration Act, courts may an appearance of partiality or bias. (Oct. 14, 1999), which approved creation of a new vacate arbitration awards for, among other reasons, dispute resolution subsidiary, NASD Dispute ‘‘evident partiality or corruption in the arbitrators.’’ NASD Dispute Resolution proposes to Resolution, Inc. That subsidiary began operations 9 U.S.C. Sec. 10(a)(2). See e.g., Wages v. Smith delete the word ‘‘personally’’ from Rule on July 9, 2000. Barney Harris Upham & Co., 937 P.2d 715 (Ariz. Ct. 10312(a)(2), as it might be read too 10 The Commercial Dispute Resolution App. 1997), in which the court vacated an award narrowly, and to add the phrase ‘‘or Procedures of the AAA (January 1, 1999), provides to investors of $950,000 plus costs and fees, where as follows: the chair of an arbitration panel declined to rescue circumstances’’ to paragraphs (b) and (e) R–19. Disclosure and Challenge Procedure himself after it was learned that he had represented of Rule 10312. This will clarify that the (a) Any person appointed as a neutral arbitrator claimants in a similar matter against a predecessor arbitrator is required to disclose any shall disclose to the AAA any circumstance likely of the respondent firm; the court found that the relationships or circumstances that to affect impartiality or independence, including arbitrator’s later harsh rulings against respondent 13 any bias or any financial or personal interest in the showed evident partiality. See also Schmitz v. might fit under Rule 10312. result of the arbitration or any past or present Zilveti et al., 20 F.3d 1043, 1049 (9th Cir. 1994) (‘‘A relationship with the parties or their finding of evident partiality in one arbitrator 13 The deletion of the word ‘‘personally’’ was also representatives. Upon receipt of such information generally requires vacatur of the arbitration made to the Uniform Code of Arbitration at SICA’s from the arbitrator or another source, the AAA shall award.’’). Continued VerDate 11 NASD Dispute Resolution also appropriate in furtherance of the SECURITIES AND EXCHANGE proposes to amend Rule 10312 to purposes of the Act. COMMISSION provide, as in Rule 10308, that the C. Self-Regulatory Organization’s [Release No. 34±43293; File No. SR±PCX± Director’s authority to remove Statement on Comments on the 99±36] arbitrators does not cease with the first Proposed Rule Change Received From pre-hearing or hearing session. There Members, Participants, or Others Self-Regulatory Organizations; Order are two restrictions on the exercise of Granting Approval to Proposed Rule this authority, however, once such Written comments were neither Change and Amendment No. 1 by the sessions have begun. Proposed Rule solicited nor received. Pacific Exchange, Inc. Relating to 10312(d)(2) provides that, after the III. Date of Effectiveness of the Options Trading Rules earlier of the first pre-hearing Proposed Rule Change and Timing for conference or the first hearing, the September 14, 2000. Commission Action Director may remove an arbitrator based I. Introduction only on information not known to the Within 35 days of the date of On October 1, 1999, the Pacific parties when the arbitrator was selected. publication of this notice in the Federal Exchange, Inc. (‘‘PCX’’ or ‘‘Exchange’’) This provision is intended to prevent Register or within such longer period (i) submitted to the Securities and parties from raising challenges late in as the Commission may designate up to Exchange Commission (‘‘SEC’’ or the process which could have been 90 days of such date if it finds such ‘‘Commissiion’’), pursuant to section raised at the outset. Rule 10312(d)(2) longer period to be appropriate and 19(b)(1) of the Securities Exchange Act also will provide that the Director’s publishes its reasons for so finding or of 1934 (‘‘Act’’) 1 and Rule 19b–4 authority under this subparagraph may (ii) as to which the self-regulatory thereunder,2 a proposed rule change to only be exercised by the Director or by organization consents, the Commission modify its options trading rules. the President of NASD Dispute will: Amendment No. 1 was filed with the Resolution. 14 (A) By order approve such proposed Commission on March 28, 2000.3 The Finally, NASD Dispute Resolution rule change, or proposed rule change was published for proposes to amend Rule 10312(e) (B) Institute proceedings to determine comment in the Federal Register on consistently with the above changes, to whether the proposed rule change April 4, 2000.4 No comments were delete language limiting the time within should be disapproved. received on the proposal. This order which the Director may remove approves the proposal, as amended. arbitrators for cause; and Rule 10312(f) IV. Solicitation of Comments is deleted as no longer necessary in light Interested persons are invited to II. Description of the Proposal of the proceeding changes. submit written data, views, and The proposed rule change would 2. Statutory Basis arguments concerning the foregoing, make the following changes to the text including whether the proposed rule is of the PCX rules on options trading. NASD Dispute Resolution believes consistent with the Act. Persons making A. Definition of Term ‘‘Option Issue’’ that the proposed rule change is written submissions should file six consistent with the provisions of section The proposal would adopt new Rule 15 copies thereof with the Secretary, 15A(b)(6) of the Act, which requires, Securities and Exchange Commission, 6.1(b)(12) to define the term ‘‘option among other things, that the 450 Fifth Street, NW., Washington, DC issue’’ as ‘‘the option contract overlying Association’s rules must be designed to 20549–0609. Copies of the submission, a particular underlying security.’’ The prevent fraudulent and manipulative all subsequent amendments, all written Exchange notes that the commonly-used acts and practices, to promote just and statements with respect to the proposed term ‘‘issue’’ appears in several equitable principles of trade, and, in rule change that are filed with the locations in the PCX Rulels.5 The general, to protect investors and the Commission, and all written Exchange believes that the term ‘‘issue’’ public interest. The NASD believes that communications relating to the means the same as ‘‘option’’ or ‘‘option the proposed rule change will protect proposed rule change between the contract’’ when used, for example, as in the public interest by providing a Commission and any person, other than PCX Rule 6.65(a), which states: procedure to remove an arbitrator for those that may be withheld from the ‘‘Trading on the Exchange in any option sufficient cause shown at any time in an public in accordance with the contract shall be halted or suspended arbitration, where the challenge is based provisions of 5 U.S.C. 552, will be on information not known to the parties available for inspection and copying in 1 15 U.S.C. 78s(b)(1). at the time of the arbitrator’s the Commission’s Public Reference 2 17 CFR 240.19b–4. appointment. 3 In Amendment No. 1, the Exchange withdrew Room. Copies of such filing will also be the proposed changes to PCX Rule 6.6 because the B. Self-Regulatory Organization’s available for inspection and copying at changes were previously made and approved in Statement on Burden on Competition the principal office of the NASA. All Securities Exchange Act Release No. 40875 submissions should refer to File No. (December 31, 1998), 64 FR 1842 (January 12, 1999). NASD Dispute Resolution does not SR–NASD–00–34 and should be See letter from Michael D. Pierson, Director- believe that the proposed rule change Regulatory Policy, PCX, to Heather Traeger, submitted by October 13, 2000. will result in any burden on Attorney, Division of Market Regulation, SEC, on For the Commission, by the Division of March 27, 2000 (‘‘Amendment No. 1’’). competition that it not necessary or 4 Market Regulation, pursuant to delegated Securities Exchange Act Release No. 42590 authority.16 (March 29, 2000), 65 FR 17690. March 14, 2000 meeting. See supra note 8. The 5 See, e.g., PCX Rule 6.8 Com. .08(a) (‘‘If a firm word ‘‘addition’’ was removed from this sentence Margaret H. McFarland, desires to facilitate customer orders in the XYZ and replaced with the word ‘‘deletion.’’ Telephone option issue * * *.’’); PCX Rule 6.28(a)(9) (‘‘the conversation between Jean I. Feeney, Special Deputy Secretary. permissible size of orders that may be Advisor to the President, NASD Dispute Resolution, [FR Doc. 00–24389 Filed 9–21–00; 8:45 am] automaticallay executed’’ may be increased ‘‘in a and Joseph Corcoran, Attorney, Division, BILLING CODE 8010±01±M particular issue, or for all option issues.* * *’’); PCX Commission, on September 14, 2000. Rule 6.82(e) (‘‘[t]he allocation of option issues to 14 Id. LMMs shall be effected by the Options Allocation 15 15 U.S.C. 78o–3(b)(6). 16 17 CFR 200.30–3(a)(12). Committee.* * *’’). VerDate 11 whenever * * *.’’ However, the PCX Rule 5.2(a) either does not apply to sell twenty option contracts enters a Exchange believes that the use of the options trading 9 or is superfluous.10 trading crowd and calls for a market. terms ‘‘option’’ and ‘‘option contract’’ • PCX Rule 5.6(a)—‘‘Bids—Offers— Next, assume that there are two would often result in ambiguities that Quotations.’’ 11 The Exchange believes responses: (1) A floor broker holding an the use of ‘‘issue’’ would not create. that PCX Rule 6.74 12 adequately covers ‘‘all or none’’ order for twenty contracts While the term ‘‘class of options’’ is the meaning of bids and offers as for a customer bids $3, and (2) a market used in many PCX Rules to refer applied to options trading. Further the maker bids $3. Under current practices generally to options overlying a Exchange believes that the part of PCX and consistent with PCX Rule 6.75(a), if Rule 5.6 covering the display of bids particular underlying security,6 the the broker were first to vocalize a bid, and offers on other market centers is Exchanges believes that the use of the the broker would have first priority to superfluous in light of PCX Rule 6.73, execute the order.16 However, if PCX term ‘‘class’’ can be ambiguous because which provides the requirements for Rule 5.6(c) were applied, the market it may refer either to a ‘‘put class’’ or a bids and offers to have standing on the 7 maker’s bid would have priority, even if ‘‘call class.’’ Accordingly, the proposed Options Floor.13 Moreover, bids and it were made second in sequence. The rule change would formally adopt the offers are not displayed on the Options Exchange believes that PCX Rule 6.75 definition of the term ‘‘option issue.’’ Floor for Intermarket Trading System should prevail over PCX Rule 5.6(c), in B. General Rules Applicable to Options (‘‘ITS’’) purposes. accordance with current practices. • PCX Rule 5.6(b)—‘‘Regular Way.’’ 14 • Trading PCX Rule 5.8(d)—‘‘Simultaneous The Exchange believes that the current Bids and Offers.’’ 17 The Exchange notes PCX Rule 6.1 sets forth a list of cross-reference to this equity trading that simultaneous bids and offers are general PCX trading rules that are rule is also superfluous because, unlike not recognized in the general rules on applicable, by cross-reference, to settlement of equity securities, priority of bids and offers for options Exchange transactions in option settlement of option contracts is not contracts. The Exchange believes that contracts. Most of these rules relate based on a distinction between ‘‘regular PCX Rules 6.75 and 6.76 are exhaustive way’’ and ‘‘non-regular way.’’ and that the cross-reference to Rule primarily to the trading of equity • 15 PCX Rule 5.6(c)—‘‘All or None.’’ 5.8(d) is erroneous. securities on the Exchange. The The Exchange believes that the cross- • proposed rule change would remove PCX Rule 5.8(h)—‘‘Marking Stop reference to this equity trading rule is Loss Orders.’’ 18 This rule covers the PCX Rules 5.2(a), 5.6(a)–(c), 5.8(d), erroneous and inconsistent with current manual handling of stop loss orders. 5.8(h), 5.12(a) and 5.13(a)–(b) from that practices. For example, assume that a The Exchange believes that the list. Each of the cross-references to be floor broker who is holding an order to procedure covered by this rule is removed is discussed below: unnecessary and that the responsibility • PCX Rule 5.2(a)—‘‘Types of 9 ‘‘GTX’’ orders are not recognized on the Options of floor brokers to use due diligence in 8 Floor. See PCX Rule 5.25(f) (‘‘GTX Orders Under P/ Orders.’’ The Exchange believes that COAST’’). their handling of orders, as codified in the first part of this rule—the part 10 The Exchange believes that the order ticket the rules on option trading, is stating that all orders on the Exchange requirement of PCX Rule 5.2(a) is superfluous sufficient.19 must be ‘‘day,’’ ‘‘immediate or cancel’’ because current PCX Rules 6.67–6.69 expressly • PCX Rule 5.12(A)—‘‘Seller cover the use of order tickets for option orders. Responsible for Recording.’’ 20 The or ‘‘good ’til canceled’’—applies to 11 PCX Rule 5.6(a) states: ‘‘Bids and offers shall options trading, and accordingly, the be for one trading unit or multiples thereof to Exchange believes that the specific proposed rule change would adopt PCX constitute an Exchange quotation. Bids and offers procedures currently set forth for Rule 6.62, Commentary .01, to in other market centers which may be displayed on reporting options transactions—codified the Floor for the purpose of ITS or other purposes in PCX Rule 6.69 and OFPA G–12— incorporate this part of the rule into the shall have no standing in the trading crowd on the rules on options trading. However, the Floor.’’ adequately address this procedure and Exchange believes that the remainder of 12 PCX Rule 6.74 states: ‘‘Unless otherwise that the cross-reference to PCX Rule specified, all bids or offers made on the floor shall 5.12 is unhelpful and unnecessary. be deemed to be for one option contract unless a • PCX Rule 5.13(a)–(b)— 6 See, e.g., PCX Rule 6.4(a) (‘‘After a particular specific number is expressed in the bid or offer. A ‘‘Comparisons.’’ 21 The Exchange class of option * * * has been opened for trading bid or offer for more than one option contract shall * * *.’’); PCX Rule 6.37(c) (‘‘Whenever a Market be deemed to be for that amount or any lesser 16 Maker enters the trading crowd for a class of number of option contracts, unless specified PCX Rule 6.75(a) provides in part that ‘‘If two or more bids represent the highest price * * * options in which he does not hold a Primary otherwise.’’ priority shall be afforded to such bids in the Appointment * * *’’); PCX Rule 6.64, Com. .02 13 PCX Rule 6.73 states: ‘‘Bids and offers to be effective must be made at the post by public outcry, sequence in which they are made.’’ (‘‘For those opotion classes and within such time 17 PCX Rule 5.8(d) states: ‘‘When bids or offers are periods as the Options Floor Trading Committee except that bids and offers made by the Order Book Official shall be effective if displayed in a visible made simultaneously, or when it is impossible to may designate * * *.’’). manner in accordance with PCX Rule 6.55. All bids determine clearly the order of time in which they 7 PCX Rule 6.1(a)(10) states that ‘‘[t]he term ‘class and offers shall be general ones and shall not be were made, all such bids or offers shall be on parity, of options’ means all option contracts of the same specified for acceptance by particular members.’’ except as noted in Rule 5.8(e).’’ type of option covering the same underlying stock’’ 14 PCX Rule 5.6(b) states: ‘‘Bids and offers made 18 PCX Rule 5.8(h) states: ‘‘All stop loss orders (emphasis added), while the term ‘‘type of option’’ without stated conditions shall be considered to be must clearly indicate in writing that they are such is defined in PCX Rule 6.1(a)(7) to mean ‘‘the ‘regular way.’ ‘Regular way’ bids or offers have and, in addition, the amount and the price of the classification of an option contract as either a put priority over conditional bids or offers.’’ stock appearing at the top of the buy and sell ticket or call (emphasis added).’’ Therefore, the term 15 PCX Rule 5.6(c) states: ‘‘A bid or offer may be must be circled.’’ 19 ‘‘class’’ may refer to either a put class or a call class made ‘all or none’; however, regular bids or offers See PCX Rule 6.46 (‘‘Responsibilities of Floor of option contracts. at equal or better prices shall have priority. No ‘all Brokers’’). 20 PCX Rule 5.12(a) states: ‘‘The seller shall be 8 PCX Rule 5.2(a) states: ‘‘All orders on the or none’ transaction in round lots may be effected unless all regular bids or offers at equal or better responsible for transactions being properly recorded Exchange must either be ‘day,’ ‘immediate or prices are executed thereby or simultaneously or by the floor reporters.’’ cancel,’ ‘good ’til canceled’ (‘GTC’), or ‘good ’til unless the holders of such regular bids or offers 21 PCX Rule 5.13(a) states: ‘‘Every transaction on canceled that are eligible for execution in the post— consent thereto. All bids and offers, unless the Exchange must be compared as provided herein 1:00 p.m. auction market trading and closing price specifically made ‘all or none,’ shall be subject to unless the same shall have been officially removed protection sessions’ (‘GTX’). Each class of orders split-up without objection except that in no case from the record in accordance with Exchange must be recorded on the proper ticket provided may a division of stock be made of less than round rules.’’ PCX Rule 5.13(b), Comparison Ticket, states therefore.’’ lots except by mutual consent.’’ Continued VerDate 11 VerDate 11 VerDate 11 II. Self-Regulatory Organization’s negligent conduct, in addition to IV. Solicitation of Comments Statement of the Purpose of, and conduct beyond the Exchange’s The Commission invites interested Statutory Basis for, the Proposed Rule reasonable control, currently covered by persons to submit written data, views, Change Phlx Rule 1102A. Other exchanges, and arguments concerning the In its filing with the Commission, the including the American Stock Exchange foregoing, including whether the 4 Phlx included statements concerning (‘‘Amex’’), disclaim liability for proposed rule change is consistent with the purpose of, and basis for, the negligent conduct in connection with the Act. Persons making written proposed rule change and discussed any their index operations. Further, the submissions should file six copies comments it received on the proposed Exchange acknowledges that Phlx Rule thereof with the Secretary, Securities rule change. The text of these statements 1102A cannot be relied upon by the and Exchange Commission, 450 Fifth may be examined at the places specified Exchange to limit its liability to non- Street, NW., Washington, DC 20549– in Item IV below. The Phlx has prepared members or for any intentional or 0609. Copies of the submission, all summaries, set forth in Sections A, B, negligent violation of federal securities subsequent amendments, all written and C below, of the most significant laws. statements with respect to the proposed aspects of such statements. 2. Statutory Basis rule change that are filed with the Commission, and all written A. Self-Regulatory Organization’s For these reasons, the proposed rule communications relating to the Statement of the Purpose of, and change is consistent with Section 8 of proposed rule change between the Statutory Basis for, the Proposed Rule the Act in general, and with section Commission and any person, other than Change 6(b)(5) 5 of the Act specifically, in that those that may be withheld from the it is designed to perfect the mechanisms 1. Purpose public in accordance with the of a free and open market and a national provisions of 5 U.S.C. 552, will be The purpose of the proposed rule market system, to promote just and available for inspection and copying in change is to expand the limitation of the equitable principles of trade, and to the Commission’s Public Reference Exchange’s liability in connection with protect investors and the public interest, Room. Copies of such filing will also be its administration of Phlx proprietary by defining the scope of the Exchange’s available for inspection and copying at indices. The Exchange currently lists liability, thereby, putting investors on and trades options on a number of the principal office of the Phlx. All notice that the Exchange is not liable for proprietary indices, and new indices submissions should refer to File No. negligent conduct in connection with its continue to be developed from time to SR–Phlx–00–74 and should be administration of Phlx proprietary time.3 There is a great deal of work submitted by October 13, 2000. indices, in addition to conduct beyond involved in the daily calculation and the Exchange’s reasonable control, For the Commission, by the Division of dissemination of these indices. While currently covered by Rule 1102A. Market Regulation, pursuant to delegated much of such work is automated, authority.6 manual input is still required. Thus, the B. Self-Regulatory Organization’s Margaret H. McFarland, potential for human error exists which Statement on Burden on Competition Deputy Secretary. exposes the Exchange to a risk of The Phlx does not believe that the [FR Doc. 00–24352 Filed 9–21–00; 8:45 am] liability. Potential human errors include proposed rule change will impose any BILLING CODE 8010±01±M inputting a symbol or index value burden on competition. incorrectly or missing a corporate action that has an effect on the index. C. Self-Regulatory Organization’s Currently Phlx Rule 1102A disclaims Statement on Comments on the SOCIAL SECURITY ADMINISTRATION Exchange liability for damages caused Proposed Rule Change Received From Ticket to Work and Work Incentives by errors, omissions or delays in the Members, Participants, or Others Advisory Panel Meeting calculation or dissemination of any No written comments were solicited AGENCY: index value resulting from any conduct or received with respect to the proposed Social Security Administration beyond the reasonable control of the rule change. (SSA). Exchange. This includes an act of God, ACTION: Notice of meeting cancellation. a power failure, or any error, omission III. Date of Effectiveness of the or delay in the reported price of the Proposed Rule Change and Timing for DATES: September 26–27, 9 a.m.–5 p.m. underlying security. However, these Commission Action ADDRESSES: Embassy Suites Hotel, 1900 disclaimer provisions are arguably Within 35 days of the date of Diagonal Road, Alexandria VA 22314, ambiguous with respect to whether the publication of this notice in the Federal 703–684–5900. Exchange remains potentially liable for Register or within such longer period (i) SUPPLEMENTARY INFORMATION: Meeting damages caused by any human error or as the Commission may designate up to Cancelled: In accordance with section omission by an Exchange employee in 90 days of such date if it finds such 10(a)(2) of the Federal Advisory connection with the performance of the longer period to be appropriate and Committee Act, SSA announced a Exchange’s index responsibilities. The publishes its reasons for so finding or meeting of the Ticket to Work and Work proposed amendment to Phlx Rule (ii) as to which the self-regulatory Incentives Advisory Panel (the Panel). 1102A would make clear that the organization consists, the Commission The Ticket to Work and Work Exchange disclaims liability for will: Incentives Improvement Act of 1999 (A) By order approve such proposed (TWWIIA), Public Law 106–170, 3 The Exchange’s proprietary indices currently establishes the Panel to advise the include: Computer Box Maker Index (BMX), Phlx rule change, or Oil Service Index (OSX), Gold-Silver Index (XAU), (B) Institute proceedings to determine Commissioner of Social Security, the National Over-the-Counter Index (XOC), Phlx Forest whether the proposed rule change President and the Congress on issues and Paper Products Sector Index (FPP), Over-the- should be disapproved. related to work incentives programs, Counter Prime Index (OTC), Utility Index (UTY), Semiconductor Index (SOX), TheStreet.com planning and assistance for individuals Internet Sector Index (DOT) and Wireless Telecom 4 See Amex Rule 902C. Sector Index (YLS). 5 15 U.S.C. 78f(b)(5). 6 17 CFR 200.30–3(a)(12). VerDate 11 VerDate 11 5. Title: Discharge of Refuse from Summary of Collection of Dated: September 19, 2000. Ships. Information: This collection of Murray A. Bloom, OMB Control Number: 2115–0613. information is used to gather Acting Secretary. Summary: The Marine Plastic information regarding the location of [FR Doc. 00–24428 Filed 9–21–00; 8:45 am] Pollution Research and Control Act of U.S.-flag vessels and certain other U.S. BILLING CODE 4910±81±P 1987 requires the keeping of records on citizen-owned vessels for the purpose of the discharge of refuse by oceangoing Search and Rescue in the saving of lives commercial vessels that are 40 feet in at sea and for the marshalling of ships DEPARTMENT OF TRANSPORTATION length or more. The rules appear in 33 for National Defense and safety CFR 151.55. Maritime Administration Need: This collection of information purposes. This collection consists of is needed as part of the Coast Guard’s vessels that transmit their positions [Docket Number: MARAD±2000±7935] program for compliance with rules on through the following means: (1) Electronic mail via the internet sent by Requested Administrative Waiver of pollution prevention. the Coastwise Trade Laws Respondents: Owners, operators, satelite or HF radio; (2) AMVER/SEAS masters, and persons-in-charge of ‘‘compressed message’’ sent via AGENCY: Maritime Administration, vessels. INMARSAT–C; (3) HF telex via U.S. Department of Transportation. Frequency: On occasion. Coast Guard communications stations; ACTION: Invitation for public comments Burden: The estimated burden is (4) HF radio via U.S. contractual on a requested administrative waiver of 523,302 hours a year. agreement with Mobile Marine Radio; the Coastwise Trade Laws for the vessel Dated: September 15, 2000. (5) telex via either satelite or HF radio; Aboriginal. S.A. Richardson, and (6) telefacsimile directly to U.S. Acting Director of Information and Coast Guard AMVER Operations Center. SUMMARY: As authorized by Pub. L. 105– Technology. This location data is then read into a 383, the Secretary of Transportation, as [FR Doc. 00–24384 Filed 9–21–00; 8:45 am] database and is accessed only by the represented by the Maritime Administration (MARAD), is authorized BILLING CODE 4910±15±U U.S. Coast Guard and MARAD to determine the location of a particular to grant waivers of the U.S.-build ship. requirement of the coastwise laws under DEPARTMENT OF TRANSPORTATION certain circumstances. A request for Need and Use of the Information: such a waiver has been received by Maritime Administration This information collection is necessary MARAD. The vessel, and a description for maintaining a current plot of U.S.- [Docket No. MARAD±2000±7951] of the proposed service, is listed below. flag and U.S.-owned vessels in order to Interested parties may comment on the Information Collection Available for facilitate immediate marshalling of effect this action may have on U.S. Public Comments and ships for National Defense purposes and vessel builders or businesses in the U.S. Recommendations for the purpose of maintaining a current that use U.S.-flag vessels. If MARAD plot for Search and Rescue purposes for determines that in accordance with Pub. ACTION: Notice and request for safety of life at sea. L. 105–383 and MARAD’s regulations at comments. Description of Respondents: U.S.-flag 46 CFR Part 388 (65 FR 6905; February 11, 2000) that the issuance of the waiver SUMMARY: In accordance with the and U.S. citizen-owned vessels which are required to respond under current will have an unduly adverse effect on a Paperwork Reduction Act of 1995, this U.S.-vessel builder or a business that statute and regulation. notice announces the Maritime uses U.S.-flag vessels, a waiver will not Administration’s (MARAD) intentions Annual Responses: 32,480 responses. be granted. to request approval for three years of an Annual Burden: 2,598 hours. DATES: existing information collection entitled Submit comments on or before ‘‘Automated Mutual-Assistance Vessel Comments: Signed written comments October 23, 2000. Rescue System (AMVER).’’ should refer to the docket number that ADDRESSES: Comments should refer to DATES: Comments should be submitted appears at the top of this document and docket number MARAD–2000–7935. on or before November 21, 2000. must be submitted to the Docket Clerk, Written comments may be submitted by hand or by mail to the Docket Clerk, FOR FURTHER INFORMATION CONTACT: U.S. DOT Dockets, Room PL–401, 400 U.S. DOT Dockets, Room PL–401, Walter Lockland, Chief, Division of Seventh Street, SW, Washington, D.C. Department of Transportation, 400 7th Operations Support, Office of Ship 20590. Specifically, address whether St., S.W., Washington, D.C. 20590–0001. Operations, 400 Seventh Street, SW, this information collection is necessary You may also send comments Room 2123, Washington, D.C. 20590, for proper performance of the function electronically via the Internet at http:// telephone number—202–366–5735. of the agency and will have practical dmses.dot.gov/submit/. All comments Copies of this collection can also be utility, accuracy of the burden will become part of this docket and will obtained from that office. estimates, ways to minimize this be available for inspection and copying SUPPLEMENTARY INFORMATION: burden, and ways to enhance quality, at the above address between 10 a.m. Title of Collection: Automated utility, and clarity of the information to and 5 p.m., E.T., Monday through Mutual-Assistance Vessel Rescue be collected. All comments received Friday, except federal holidays. An System (AMVER). will be available for examination at the electronic version of this document and Type of Request: Three-year approval above address between 10 a.m. and 5 of an existing information collection. all documents entered into this docket p.m., et. Monday through Friday, except is available on the World Wide Web at OMB Control Number: 2133–0025. Federal Holidays. An electronic version Form Number: CG–4796 (MA) (Rev. http://dms.dot.gov. of this document is available on the 8–88). FOR FURTHER INFORMATION CONTACT: Expiration Date of Approval: Three World Wide Web at http://dms.dot.gov. Gordon Angell, U.S. Department of years from the date of approval. By Order of the Maritime Administrator. Transportation, Maritime VerDate 11 Administration, MAR–832 Room 7201, having no adverse effect on U.S. FOR FURTHER INFORMATION CONTACT: 400 Seventh Street, S.W., Washington, shipyards.’’ Gordon Angell, U.S. Department of DC 20590. Telephone 202–366–5129. Dated: September 19, 2000. Transportation, Maritime Administration, MAR–832 Room 7201, SUPPLEMENTARY INFORMATION: Title V of By Order of the Maritime Administrator. Pub. L. 105–383 provides authority to 400 Seventh Street, S.W., Washington, Murray A. Bloom, DC 20590. Telephone 202–366–5129. the Secretary of Transportation to Acting Secretary, Maritime Administration. administratively waive the U.S.-build SUPPLEMENTARY INFORMATION: Title V of [FR Doc. 00–24426 Filed 9–21–00; 8:45 am] requirements of the Jones Act, and other Pub. L. 105–383 provides authority to statutes, for small commercial passenger BILLING CODE 4910±81±P the Secretary of Transportation to vessels (no more than 12 passengers). administratively waive the U.S.-build requirements of the Jones Act, and other This authority has been delegated to the DEPARTMENT OF TRANSPORTATION Maritime Administration per 49 CFR statutes, for small commercial passenger § 1.66, Delegations to the Maritime Maritime Administration vessels (no more than 12 passengers). Administrator, as amended. By this This authority has been delegated to the notice, MARAD is publishing [Docket Number: MARAD±2000±7936] Maritime Administration per 49 CFR information on a vessel for which a § 1.66, Delegations to the Maritime Requested Administrative Waiver of Administrator, as amended. By this request for a U.S.-build waiver has been the Coastwise Trade Laws received, and for which MARAD notice, MARAD is publishing requests comments from interested AGENCY: Maritime Administration, information on a vessel for which a parties. Comments should refer to the Department of Transportation. request for a U.S.-build waiver has been docket number of this notice and the ACTION: Invitation for public comments received, and for which MARAD vessel name in order for MARAD to on a requested administrative waiver of requests comments from interested properly consider the comments. the Coastwise Trade Laws for the vessel parties. Comments should refer to the Comments should also state the Lucky Dog. docket number of this notice and the commenter’s interest in the waiver vessel name in order for MARAD to application, and address the waiver SUMMARY: As authorized by Pub. L. 105– properly consider the comments. criteria given in § 388.4 of MARAD’S 383, the Secretary of Transportation, as Comments should also state the regulations at 46 CFR Part 388. represented by the Maritime commenter’s interest in the waiver Administration (MARAD), is authorized application, and address the waiver Vessel Proposed for Waiver of the U.S.- to grant waivers of the U.S.-build criteria given in § 388.4 of MARAD’S Build Requirement requirement of the coastwise laws under regulations at 46 CFR part 388. (1) Name of vessel and owner for certain circumstances. A request for Vessel Proposed for Waiver of the U.S.- which waiver is requested. Name of such a waiver has been received by build Requirement: vessel: Aboriginal. Owner: Richard J. MARAD. The vessel, and a description (1) Name of vessel and owner for Connelly. of the proposed service, is listed below. which waiver is requested. Name of (2) Size, capacity and tonnage of Interested parties may comment on the effect this action may have on U.S. vessel: Lucky Dog. Owner: Relentless vessel. According to the applicant: ‘‘It is Charters Inc. 42 foot in length, capacity up to 12 vessel builders or businesses in the U.S. that use U.S.-flag vessels. If MARAD (2) Size, capacity and tonnage of people, weighs 38 net ton, pursuant to vessel. According to the applicant: ‘‘The determines that in accordance with Pub. 46 u.s.c.14502 State of RI.’’ vessel is 34 feet in length and 13 feet 7 L. 105–383 and MARAD’s regulations at (3) Intended use for vessel, including inches in breadth. Gross tonnage as 46 CFR Part 388 (65 FR 6905; February geographic region of intended operation determined by 46 CFR 69 subpart E is 11, 2000) that the issuance of the waiver and trade. According to the applicant: 21.65.’’ ‘‘My intent is to use this vessel for sport will have an unduly adverse effect on a (3) Intended use for vessel, including fishing charters, 6 people or less out of U.S.-vessel builder or a business that geographic region of intended operation Newport, RI. I will be fishing Newport uses U.S.-flag vessels, a waiver will not and trade. According to the applicant: and Block Island Sound and up to 100 be granted. ‘‘The intended use for the vessel is miles offshore. I also intend to fish DATES: Submit comments on or before operating as an uninspected passenger stickle rod and reel.’’ October 23, 2000. vessel pursuant to 46 CFR 10.205. This (4) Date and Place of construction and ADDRESSES: Comments should refer to regulation calls for a maximum of 6 (if applicable) rebuilding. Date of docket number MARAD–2000–7936. passengers and a range of no more than construction: 1987. Place of Written comments may be submitted by 100 miles from shore. Charter services construction: Taiwan, R.O.C. hand or by mail to the Docket Clerk, will be offered for the purpose of scuba (5) A statement on the impact this U.S. DOT Dockets, Room PL–401, diving and sport fishing. The geographic waiver will have on other commercial Department of Transportation, 400 7th region of operation will be the Gulf of passenger vessel operators. According to St., SW., Washington, DC 20590–0001. Mexico from Sarasota Florida to the applicant: ‘‘Currently there are You may also send comments Bayonet Point Florida, extending 100 approximately six other sportfishing electronically via the Internet at http:// miles into the gulf.’’ operators in the Newport, RI area. Due dmses.dot.gov/submit/. All comments (4) Date and Place of construction and to the large area I intend to fish, and the will become part of this docket and will (if applicable) rebuilding. Date of demand for charter boats in Newport; be available for inspection and copying construction: 1973. Place of my waiver should have no adverse at the above address between 10 a.m. construction: Omastrand Norway. impact.’’ and 5 p.m., e.t., Monday through Friday, (5) A statement on the impact this (6) A statement on the impact this except federal holidays. An electronic waiver will have on other commercial waiver will have on U.S. shipyards. version of this document and all passenger vessel operators. According to According to the applicant: ‘‘Also, the documents entered into this docket is the applicant: ‘‘I believe that granting U.S. shipyards would do any and all available on the World Wide Web at this waiver will not unduly adversely work or repairs on my vessel; therefore, http://dms.dot.gov. affect other commercial passenger vessel VerDate 11 VerDate 11 The transaction is expected to be rail carrier and that its annual revenues ADDRESSES: Comments should be consummated no earlier than the are not expected to exceed $5 million.1 directed to: Office of Airline September 15, 2000 effective date of the The transaction was expected to be Information, K–25, Room 4125, Bureau exemption. consummated on or after September 12, of Transportation Statistics, 400 Seventh If the notice contains false or 2000. Street, SW., Washington, DC 20590- misleading information, the exemption If the notice contains false or 0001, FAX NO. 366–3383 or EMAIL is void ab initio. Petitions to reopen the misleading information, the exemption [email protected]. proceeding to revoke the exemption is void ab initio. Petitions to revoke the COMMENTS: Comments should identify under 49 U.S.C. 10502(d) may be filed exemption under 49 U.S.C. 10502(d) the OMB # 2138–0041. Persons wishing at any time. The filing of a petition to may be filed at any time. The filing of the Department to acknowledge receipt reopen will not automatically stay the a petition to revoke will not of their comments must submit with transaction. automatically stay the transaction. those comments a self-addressed An original and 10 copies of all An original and 10 copies of all stamped postcard on which the pleadings, referring to STB Finance pleadings, referring to STB Finance following statement is made: Comments Docket No. 33925, must be filed with Docket No. 33927, must be filed with on OMB # 2138–0041. The postcard will the Office of the Secretary, Surface the Surface Transportation Board, Office be date/time stamped and returned. Transportation Board, Case Control of the Secretary, Case Control Unit, 1925 Unit, 1925 K Street, NW., Washington, K Street, NW., Washington, DC 20423– FOR FURTHER INFORMATION CONTACT: DC 20423–0001. In addition, a copy of 0001. In addition, one copy of each Bernie Stankus Office of Airline each pleading must be served on pleading must be served on Fritz R. Information, K–25, Room 4125, Bureau Thomas F. McFarland, Jr., Esq., Kahn, 1920 N Street, NW., 8th Floor, of Transportation Statistics, 400 Seventh McFarland & Herman, 20 North Wacker Washington, DC 20036–1601. Street, SW., Washington, DC 20590- Drive, Suite 1330, Chicago, IL 60606– Board decisions and notices are 0001, (202) 366–4387. available on our website at 2902. SUPPLEMENTARY INFORMATION: Board decisions and notices are ‘‘WWW.STB.DOT.GOV.’’ OMB Approval No. 2138–0041. available on our website at Decided: September 14, 2000. Title: Airline Service Quality ‘‘WWW.STB.DOT.GOV.’’ By the Board, David M. Konschnik, Performance. Decided: September 14, 2000. Director, Office of Proceedings. By the Board, David M. Konschnik, Vernon A. Williams, Type Of Review: Extension of a Director, Office of Proceedings. Secretary. currently approved collection. Vernon A. Williams, [FR Doc. 00–24166 Filed 9–21–00; 8:45 am] Respondents: Large air carriers that Secretary. BILLING CODE 4915±00±P account for at least one percent of [FR Doc. 00–24165 Filed 9–21–00; 8:45 am] domestic scheduled passenger revenues. BILLING CODE 4915±00±P Number of Respondents: 10. DEPARTMENT OF TRANSPORTATION Number of Responses: 120. Total Annual Burden: 2,280 hours. DEPARTMENT OF TRANSPORTATION Bureau of Transportation Statistics Needs and Uses: Since September Surface Transportation Board Agency Information Collection; 1987, carriers’ quality of service has Activity Under OMB Review; Airline been measured by BTS, resulting in the [STB Finance Docket No. 33927] Service Quality Performance overall improvement of service. The Department discloses the air carriers’ SMS Rail Service, Inc.ÐAcquisition AGENCY: Bureau of Transportation on-time performances and mishandled- and Operation ExemptionÐValero Statistics (BTS), DOT. Refining CompanyÐNew Jersey baggage rates to the public. Airline ACTION: Notice. passengers are able to make more SMS Rail Service, Inc. (SMS), a Class SUMMARY: In compliance with the informed carrier selection decisions III rail carrier, has filed a verified notice Paperwork Reduction Act of 1995, based on the quality of service provided of exemption under 49 CFR 1150.41 to Public Law 104–13, the Bureau of by individual air carriers. acquire, maintain and operate railroad Transportation Statistics invites the While overall air carrier delays have track within the 970-acre Paulsboro, NJ, general public, industry and other increased in the year 2000, the majority refinery of Valero Refining Company— governmental parties to comment on the of the increase is associated with an New Jersey (Valero), formerly the continuing need for and usefulness of increase in the number of aircraft refinery of Mobil Oil Corporation, DOT collecting data on the timeliness of departures at congested airports. pursuant to an agreement with Valero scheduled domestic passenger flights Because air carriers report gate- dated August 31, 2000. The trackage and the incidence of lost and damaged departure time, wheels-off time, wheels- extends northward from a connection baggage. The 10 largest domestic on time and gate-arrival time, the FAA 950 feet to the west of milepost 14 on passenger carriers report the data on a can use the data to identify bottle necks the Paulsboro Industrial Track of monthly basis. in the national air transport system. Consolidated Rail Corporation (Conrail), Commenters should address whether Since the FAA can identify aircraft a distance of approximately 5.8 miles in BTS accurately estimated the reporting types from the tail number reported by Gloucester County, NJ. SMS states that burden and if there are other ways to the air carriers, the FAA can also its projected revenues will not exceed enhance the quality, utility and clarity calculate the system capacity impacted those that would qualify it as a Class III of the information collected. by air traffic congestion and track the DATES: Written comments should be ripple effects of delays at hub airports. served Nov. 1, 1993). BRRRA states that NRRC The data can be used for airport design appears to have become insolvent or close to submitted by November 21, 2000. insolvency and that termination of its lease to change analysis, new equipment NRRC appears to be imminent. BRRRA further 1 SMS indicates that Conrail currently operates purchases, and the planning of new states that it now intends to operate the line itself. the rail line. runways or airports based on current or VerDate 11 VerDate 11 VerDate 11 VerDate 11 Dated: September 14, 2000. Estimated Time Per Respondent—Part opportunity to comment on proposed John D. Hawke, Jr., I: 1 hr., 46 min. and/or continuing information Comptroller of the Currency. Estimated Time Per Respondent— collections, as required by the [FR Doc. 00–24340 Filed 9–21–00; 8:45 am] Parts I and II: 7 hr., 8 min. Paperwork Reduction Act of 1995, Estimated Total Annual Burden BILLING CODE 4810±33±P Public Law 104–13 (44 U.S.C. Hours: 23,060. 3506(c)(2)(A)). Currently, the IRS is The following paragraph applies to all soliciting comments concerning Form DEPARTMENT OF THE TREASURY of the collections of information covered 8818, Optional Form To Record by this notice: Redemption of Series EE and I U.S. Internal Revenue Service An agency may not conduct or Savings Bonds Issued After 1989. sponsor, and a person is not required to DATES: Written comments should be Proposed Collection; Comment respond to, a collection of information received on or before November 21, Request for Form 8854 unless the collection of information 2000 to be assured of consideration. displays a valid OMB control number. AGENCY: Internal Revenue Service (IRS), ADDRESSES: Direct all written comments Books or records relating to a collection to Garrick R. Shear, Internal Revenue Treasury. of information must be retained as long ACTION: Notice and request for Service, room 5244, 1111 Constitution as their contents may become material Avenue NW., Washington, DC 20224. comments. in the administration of any internal FOR FURTHER INFORMATION CONTACT: revenue law. Generally, tax returns and SUMMARY: The Department of the Requests for additional information or tax return information are confidential, Treasury, as part of its continuing effort copies of the form and instructions as required by 26 U.S.C. 6103. to reduce paperwork and respondent should be directed to Martha R. Brinson, Request for Comments: Comments burden, invites the general public and (202) 622–3869, Internal Revenue submitted in response to this notice will other Federal agencies to take this Service, room 5244, 1111 Constitution be summarized and/or included in the opportunity to comment on proposed Avenue NW., Washington, DC 20224. request for OMB approval. All and/or continuing information SUPPLEMENTARY INFORMATION: comments will become a matter of collections, as required by the Title: Optional Form To Record public record. Comments are invited on: Paperwork Reduction Act of 1995, Redemption of Series EE and I U.S. (a) Whether the collection of Public Law 104–13 (44 U.S.C. Savings Bonds Issued After 1989. information is necessary for the proper 3506(c)(2)(A)). Currently, the IRS is OMB Number: 1545–1151. performance of the functions of the soliciting comments concerning Form Form Number: Form 8818. agency, including whether the 8854, Expatriation Information Abstract: Under Internal Revenue information shall have practical utility; Statement. Code section 135, if an individual (b) the accuracy of the agency’s estimate redeems U.S. savings bonds issued after DATES: Written comments should be of the burden of the collection of 1989 and pays qualified higher received on or before November 21, information; (c) ways to enhance the education expenses during the year, the 2000 to be assured of consideration. quality, utility, and clarity of the interest on the bonds is excludable from ADDRESSES: Direct all written comments information to be collected; (d) ways to income. Form 8818 can be used to keep to Garrick R. Shear, Internal Revenue minimize the burden of the collection of a record of the bonds cashed so that the Service, room 5244, 1111 Constitution information on respondents, including taxpayer can claim the proper interest Avenue NW., Washington, DC 20224. through the use of automated collection exclusion. FOR FURTHER INFORMATION CONTACT: techniques or other forms of information Current Actions: There are no changes Requests for additional information or technology; and (e) estimates of capital being made to the form at this time. copies of the form and instructions or start-up costs and costs of operation, Type of Review: Extension of a should be directed to Martha R. Brinson, maintenance, and purchase of services currently approved collection. (202) 622–3869, Internal Revenue to provide information. Affected Public: Individuals or Service, room 5244, 1111 Constitution Approved: September 18, 2000. households. Estimated Number of Respondents: Avenue NW., Washington, DC 20224. Garrick R. Shear, 50,000. SUPPLEMENTARY INFORMATION: IRS Reports Clearance Officer. Estimated Time Per Respondent: 38 Title: Expatriation Information [FR Doc. 00–24442 Filed 9–21–00; 8:45 am] min. Statement OMB Number: 1545–1567. BILLING CODE 4830±01±P Estimated Total Annual Burden Form Number: Form 8854. Hours: 32,000. Abstract: Internal Revenue Code The following paragraph applies to all Section 6039G requires persons who DEPARTMENT OF THE TREASURY of the collections of information covered lose U.S. citizenship to provide by this notice: information concerning citizenship, Internal Revenue Service An agency may not conduct or income tax liability, net worth, and net sponsor, and a person is not required to Proposed Collection; Comment assets. Form 8854 is used to report this respond to, a collection of information Request for Form 8818 information. unless the collection of information Current Actions: There are no changes AGENCY: Internal Revenue Service (IRS), displays a valid OMB control number. being made to the form at this time. Treasury. Books or records relating to a collection Type of Review: Extension of a ACTION: Notice and request for of information must be retained as long currently approved collection. comments. as their contents may become material Affected Public: Individuals or in the administration of any internal households. SUMMARY: The Department of the revenue law. Generally, tax returns and Estimated Number of Respondents— Treasury, as part of its continuing effort tax return information are confidential, Part I: 10,000. to reduce paperwork and respondent as required by 26 U.S.C. 6103. Estimated Number of Respondents— burden, invites the general public and Request for Comments: Comments Parts I and II: 1,000. other Federal agencies to take this submitted in response to this notice will VerDate 11 VerDate 11 An agency may not conduct or Prototype or Employer Sponsored public record. Comments are invited on: sponsor, and a person is not required to Individual Retirement Account. (a) Whether the collection of respond to, a collection of information DATES: Written comments should be information is necessary for the proper unless the collection of information received on or before November 21, performance of the functions of the displays a valid OMB control number. 2000 to be assured of consideration. agency, including whether the Books or records relating to a collection ADDRESSES: Direct all written comments information shall have practical utility; of information must be retained as long to Garrick R. Shear, Internal Revenue (b) the accuracy of the agency’s estimate as their contents may become material Service, room 5244, 1111 Constitution of the burden of the collection of in the administration of any internal Avenue NW., Washington, DC 20224. information; (c) ways to enhance the revenue law. Generally, tax returns and quality, utility, and clarity of the FOR FURTHER INFORMATION CONTACT: tax return information are confidential, information to be collected; (d) ways to Requests for additional information or as required by 26 U.S.C. 6103. minimize the burden of the collection of copies of the form and instructions information on respondents, including Request for Comments: Comments should be directed to Larnice Mack, through the use of automated collection submitted in response to this notice will (202) 622–3179, Internal Revenue techniques or other forms of information be summarized and/or included in the Service, room 5244, 1111 Constitution technology; and (e) estimates of capital request for OMB approval. All Avenue NW., Washington, DC 20224. comments will become a matter of or start-up costs and costs of operation, SUPPLEMENTARY INFORMATION: Title: public record. Comments are invited on: maintenance, and purchase of services Application for Approval of Prototype (a) Whether the collection of to provide information. or Employer Sponsored Individual information is necessary for the proper Retirement Account. Approved: September 14, 2000. performance of the functions of the OMB Number: 1545–0390. Garrick R. Shear, agency, including whether the Form Number: 5306. IRS Reports Clearance Officer. information shall have practical utility; Abstract: This application is used by [FR Doc. 00–24446 Filed 9–21–00; 8:45 am] (b) the accuracy of the agency’s estimate employers who want to establish an BILLING CODE 4830±01±P of the burden of the collection of individual retirement account trust to be information; (c) ways to enhance the used by their employees. The quality, utility, and clarity of the application is also used by banks and DEPARTMENT OF THE TREASURY information to be collected; (d) ways to insurance companies that want to minimize the burden of the collection of establish approved prototype individual Internal Revenue Service information on respondents, including retirement accounts or annuities. The through the use of automated collection data collected is used to determine if the Proposed Collection; Comment techniques or other forms of information individual retirement account trust or Request for Form 8082 technology; and (e) estimates of capital annuity contract meets the requirements AGENCY: Internal Revenue Service (IRS), or start-up costs and costs of operation, of Code section 408(a), 408(b), or 408(c) Treasury. maintenance, and purchase of services so that the IRS may issue an approval to provide information. ACTION: Notice and request for letter. comments. Approved: September 18, 2000. Current Actions: There are no changes Garrick R. Shear, being made to the form at this time. SUMMARY: The Department of the IRS Reports Clearance Officer. Type of Review: Extension of a Treasury, as part of its continuing effort [FR Doc. 00–24445 Filed 9–21–00; 8:45 am] currently approved collection. to reduce paperwork and respondent Affected Public: Business or other for- BILLING CODE 4830±01±P burden, invites the general public and profit organizations. other Federal agencies to take this Estimated Number of Respondents: opportunity to comment on proposed DEPARTMENT OF THE TREASURY 600. and/or continuing information Estimated Time Per Respondent: 12 collections, as required by the Internal Revenue Service hr., 58 min. Paperwork Reduction Act of 1995, Estimated Total Annual Burden Public Law 104–13(44 U.S.C. Proposed Collection; Comment Hours: 7,782. 3506(c)(2)(A)). Currently, the IRS is Request for Form 5306 The following paragraph applies to all soliciting comments concerning Form of the collections of information covered 8082, Notice of Inconsistent Treatment AGENCY: Internal Revenue Service (IRS), by this notice: or Administrative Adjustment Request Treasury. An agency may not conduct or (AAR). ACTION: Notice and request for sponsor, and a person is not required to DATES: Written comments should be respond to, a collection of information comments. received on or before November 21, unless the collection of information 2000 to be assured of consideration. SUMMARY: The Department of the displays a valid OMB control number. Treasury, as part of its continuing effort Books or records relating to a collection ADDRESSES: Direct all written comments to reduce paperwork and respondent of information must be retained as long to Garrick R. Shear, Internal Revenue burden, invites the general public and as their contents may become material Service, room 5244, 1111 Constitution other Federal agencies to take this in the administration of any internal Avenue NW., Washington, DC 20224. opportunity to comment on proposed revenue law. Generally, tax returns and FOR FURTHER INFORMATION CONTACT: and/or continuing information tax return information are confidential, Requests for additional information or collections, as required by the as required by 26 U.S.C. 6103. copies of the form and instructions Paperwork Reduction Act of 1995, Request for Comments: Comments should be directed to Larnice Mack, Public Law 104–13(44 U.S.C. submitted in response to this notice will (202) 622–3179, Internal Revenue 3506(c)(2)(A)). Currently, the IRS is be summarized and/or included in the Service, room 5244, 1111 Constitution soliciting comments concerning Form request for OMB approval. All Avenue NW., Washington, DC 20224. 5306, Application for Approval of comments will become a matter of SUPPLEMENTARY INFORMATION: VerDate 11 Title: Notice of Inconsistent information on respondents, including Type of Review: Extension of a Treatment or Administrative through the use of automated collection currently approved collection. Adjustment Request (AAR). techniques or other forms of information Affected Public: Individuals or OMB Number: 1545–0790. technology; and (e) estimates of capital households. Form Number: 8082. or start-up costs and costs of operation, Estimated Number of Responses: 112. Abstract: A partner, S corporation maintenance, and purchase of services Estimated Time Per Response: 1 hr., shareholder, or the holder of a residual to provide information. 28 min. interest in a real estate mortgage Estimated Total Annual Burden Approved: September 15, 2000. investment conduit (REMIC) generally Hours: 165. Garrick R. Shear, must report items consistent with the The following paragraph applies to all way they were reported by the IRS Reports Clearance Officer. of the collections of information covered partnership or S corporation on [FR Doc. 00–24447 Filed 9–21–00; 8:45 am] by this notice: Schedule K–1 or by the REMIC on BILLING CODE 4830±01±P An agency may not conduct or Schedule Q. Also, an estate or domestic sponsor, and a person is not required to trust beneficiary, or a foreign trust respond to, a collection of information DEPARTMENT OF THE TREASURY owner or beneficiary, is subject to the unless the collection of information consistency reporting requirements for displays a valid OMB control number. Internal Revenue Service Books or records relating to a returns filed after August 5, 1997. Form collection of information must be 8082 is used to notify the IRS of any Proposed Collection; Comment retained as long as their contents may inconsistency between the tax treatment Request for Form CT±2 become material in the administration of items reported by the partner, of any internal revenue law. Generally, shareholder, etc., and the way the pass- AGENCY: Internal Revenue Service (IRS), tax returns and tax return information through entity treated and reported the Treasury. are confidential, as required by 26 same item on its tax return. ACTION: Notice and request for U.S.C. 6103. Current Actions: There are no changes comments. Request for Comments: Comments being made to the form at this time. SUMMARY: The Department of the submitted in response to this notice will Type of Review: Extension of a Treasury, as part of its continuing effort be summarized and/or included in the currently approved collection. Affected Public: Business or other for- to reduce paperwork and respondent request for OMB approval. All profit organizations, individuals, and burden, invites the general public and comments will become a matter of farms. other Federal agencies to take this public record. Comments are invited on: Estimated Number of Respondents: opportunity to comment on proposed (a) Whether the collection of 10,600. and/or continuing information information is necessary for the proper Estimated Time Per Respondent: 5 hr., collections, as required by the performance of the functions of the 48 min. Paperwork Reduction Act of 1995, agency, including whether the Estimated Total Annual Burden Public Law 104–13 (44 U.S.C. information shall have practical utility; Hours: 61,480. 3506(c)(2)(A)). Currently, the IRS is (b) the accuracy of the agency’s estimate The following paragraph applies to all soliciting comments concerning Form of the burden of the collection of of the collections of information covered CT–2, Employee Representative’s information; (c) ways to enhance the by this notice: Quarterly Railroad Tax Return. quality, utility, and clarity of the An agency may not conduct or DATES: Written comments should be information to be collected; (d) ways to sponsor, and a person is not required to received on or before November 21, minimize the burden of the collection of respond to, a collection of information 2000 to be assured of consideration. information on respondents, including unless the collection of information ADDRESSES: Direct all written comments through the use of automated collection displays a valid OMB control number. to Garrick R. Shear, Internal Revenue techniques or other forms of information Books or records relating to a collection Service, room 5244, 1111 Constitution technology; and (e) estimates of capital of information must be retained as long Avenue NW., Washington, DC 20224. or start-up costs and costs of operation, as their contents may become material FOR FURTHER INFORMATION CONTACT: maintenance, and purchase of services in the administration of any internal Requests for additional information or to provide information. revenue law. Generally, tax returns and copies of the form and instructions Approved: September 14, 2000. tax return information are confidential, should be directed to Larnice Mack, Garrick R. Shear, as required by 26 U.S.C. 6103. (202) 622–3179, Internal Revenue IRS Reports Clearance Officer. Request for Comments: Comments Service, room 5244, 1111 Constitution [FR Doc. 00–24448 Filed 9–21–00; 8:45 am] submitted in response to this notice will Avenue NW., Washington, DC 20224. BILLING CODE 4830±01±P be summarized and/or included in the SUPPLEMENTARY INFORMATION: request for OMB approval. All Title: Employee Representative’s comments will become a matter of Quarterly Railroad Tax Return. DEPARTMENT OF THE TREASURY public record. Comments are invited on: OMB Number: 1545–0002. (a) Whether the collection of Form Number: Form CT–2. Internal Revenue Service information is necessary for the proper Abstract: Employee representatives performance of the functions of the file Form CT–2 quarterly to report Proposed Collection; Comment agency, including whether the compensation on which railroad Request for Forms 941, 941±PR, 941± information shall have practical utility; retirement taxes are due. The IRS uses SS, Schedule B (Form 941), and (b) the accuracy of the agency’s estimate this information to ensure that Schedule B (Form 941±PR) of the burden of the collection of employee representatives have paid the AGENCY: Internal Revenue Service (IRS), information; (c) ways to enhance the correct tax. Form CT–2 also transmits Treasury. quality, utility, and clarity of the the tax payment. ACTION: Notice and request for information to be collected; (d) ways to Current Actions: There are no changes comments. minimize the burden of the collection of being made to the form at this time. VerDate 11 SUMMARY: The Department of the Federal government, and state, local or to reduce paperwork and respondent Treasury, as part of its continuing effort tribal governments. burden, invites the general public and to reduce paperwork and respondent Estimated Number of Respondents: other Federal agencies to take this burden, invites the general public and 5,798,054. opportunity to comment on proposed other Federal agencies to take this Estimated Time Per Respondent: 54 and/or continuing information opportunity to comment on proposed hours, 29 minutes. collections, as required by the and/or continuing information Estimated Total Annual Burden Paperwork Reduction Act of 1995, collections, as required by the Hours: 315,935,261. Public Law 104–13 (44 U.S.C. Paperwork Reduction Act of 1995, The following paragraph applies to all 3506(c)(2)(A)). Currently, the IRS is Public Law 104–13 (44 U.S.C. of the collections of information covered soliciting comments concerning Form 3506(c)(2)(A)). Currently, the IRS is by this notice: 1138, Extension of Time for Payment of soliciting comments concerning Forms An agency may not conduct or Taxes by a Corporation Expecting a Net 941 (Employer’s Quarterly Federal Tax sponsor, and a person is not required to Operating Loss Carryback. Return), 941–PR (Planilla Para La respond to, a collection of information DATES: Written comments should be Declaracion Trimestral Del Patrono-La unless the collection of information received on or before November 21, Contribucion Federal Al Seguro Social displays a valid OMB control number. 2000 to be assured of consideration. Books or records relating to a collection Y Al Seguro Medicare), 941–SS ADDRESSES: Direct all written comments of information must be retained as long (Employer’s Quarterly Federal Tax to Garrick R. Shear, Internal Revenue as their contents may become material Return—American Samoa, Guam, the Service, room 5244, 1111 Constitution in the administration of any internal Commonwealth of the Northern Mariana Avenue NW., Washington, DC 20224. Islands, and the U.S. Virgin Islands), revenue law. Generally, tax returns and FOR FURTHER INFORMATION CONTACT: Schedule B (Form 941) (Employer’s tax return information are confidential, Requests for additional information or Record of Federal Tax Liability), and as required by 26 U.S.C. 6103. copies of the form and instructions Schedule B (Form 941–PR) (Registro Request for Comments should be directed to Larnice Mack, Suplementario De La Obligacion (202) 622–3179, Internal Revenue Contributiva Federal Del Patrono). Comments submitted in response to this notice will be summarized and/or Service, room 5244, 1111 Constitution DATES: Written comments should be included in the request for OMB Avenue NW., Washington, DC 20224. received on or before November 21, approval. All comments will become a SUPPLEMENTARY INFORMATION: 2000 to be assured of consideration. matter of public record. Comments are Title: Extension of Time for Payment ADDRESSES: Direct all written comments invited on: (a) Whether the collection of of Taxes by a Corporation Expecting a to Garrick R. Shear, Internal Revenue information is necessary for the proper Net Operating Loss Carryback. Service, room 5244, 1111 Constitution performance of the functions of the OMB Number: 1545–0135. Avenue NW., Washington, DC 20224. agency, including whether the Form Number: 1138. FOR FURTHER INFORMATION CONTACT: information shall have practical utility; Abstract: Form 1138 is filed by Requests for additional information or (b) the accuracy of the agency’s estimate corporations to request an extension of copies of these forms and instructions of the burden of the collection of time for the payment of taxes for a prior should be directed to Carol Savage, information; (c) ways to enhance the tax year when the corporation believes (202) 622–3945, Internal Revenue quality, utility, and clarity of the that it will have a net operating loss in Service, room 5242, 1111 Constitution information to be collected; (d) ways to the current tax year. The IRS uses Form Avenue NW., Washington, DC 20224. minimize the burden of the collection of 1138 to determine if the request should be granted. SUPPLEMENTARY INFORMATION: information on respondents, including Current Actions: There are no changes Title: Employer’s Quarterly Federal through the use of automated collection techniques or other forms of information being made to the form at this time. Tax Return. Type of Review: Extension of a OMB Number: 1545–0029. technology; and (e) estimates of capital or start-up costs and costs of operation, currently approved collection. Forms Number: 941, 941–PR, 941–SS, Affected Public: Business or other for- Schedule B (Form 941), and Schedule B maintenance, and purchase of services to provide information. profit organizations. (Form 941–PR). Estimated Number of Respondents: Abstract: Form 941 is used by Approved: September 15, 2000. 2,033 employers to report payments made to Garrick R. Shear, Estimated Time Per Respondent: 4 hr., employees subject to income and Social IRS Reports Clearance Officer. 50 min. Security/Medicare taxes and the [FR Doc. 00–24449 Filed 9–21–00; 8:45 am] Estimated Total Annual Burden amounts of these taxes. Form 941–PR is BILLING CODE 4830±01±P Hours: 9,819. used by employers in Puerto Rico to The following paragraph applies to all report Social Security and Medicare of the collections of information covered taxes only. Form 941–SS is used by DEPARTMENT OF THE TREASURY by this notice: employers in the U.S. possessions to An agency may not conduct or report Social Security and Medicare Internal Revenue Service sponsor, and a person is not required to taxes only. Schedule B is used by respond to, a collection of information Proposed Collection; Comment employers to record their employment unless the collection of information Request for Form 1138 tax liability. displays a valid OMB control number. Current Actions: There are no changes AGENCY: Internal Revenue Service (IRS), Books or records relating to a collection being made to these forms at this time. Treasury. of information must be retained as long Type of Review: Extension of a ACTION: Notice and request for as their contents may become material currently approved collection. comments. in the administration of any internal Affected Public: Businesses or other revenue law. Generally, tax returns and for-profit organizations, individuals or SUMMARY: The Department of the tax return information are confidential, households, not-for-profit institutions, Treasury, as part of its continuing effort as required by 26 U.S.C. 6103. VerDate 11 Request for Comments collection of information should be Estimated Number of Respondents: Comments submitted in response to received on or before November 21, 12,000. this notice will be summarized and/or 2000. Dated: August 25, 2000. included in the request for OMB ADDRESSES: Submit written comments By direction of the Acting Secretary. approval. All comments will become a on the collection of information to Donald L. Neilson, matter of public record. Comments are Nancy J. Kessinger, Veterans Benefits Director, Information Management Service. invited on: (a) Whether the collection of Administration (20S52), Department of [FR Doc. 00–24328 Filed 9–21–00; 8:45 am] information is necessary for the proper Veterans Affairs, 810 Vermont Avenue, BILLING CODE 8320±01±P performance of the functions of the NW., Washington, DC 20420. Please agency, including whether the refer to ‘‘OMB Control No. 2900–0176’’ information shall have practical utility; in any correspondence. DEPARTMENT OF VETERANS (b) the accuracy of the agency’s estimate FOR FURTHER INFORMATION CONTACT: AFFAIRS of the burden of the collection of Nancy J. Kessinger at (202) 273–7079 or information; (c) ways to enhance the [OMB Control No. 2900±0276] FAX (202) 275–5947. quality, utility, and clarity of the information to be collected; (d) ways to SUPPLEMENTARY INFORMATION: Under the Agency Information Collection minimize the burden of the collection of PRA of 1995 (Public Law 104–13; 44 Activities Under OMB Review U.S.C., 3501–3520), Federal agencies information on respondents, including AGENCY: Veterans Benefits must obtain approval from the Office of through the use of automated collection Administration, Department of Veterans Management and Budget (OMB) for each techniques or other forms of information Affairs. collection of information they conduct technology; and (e) estimates of capital ACTION: Notice. or start-up costs and costs of operation, or sponsor. This request for comment is maintenance, and purchase of services being made pursuant to Section SUMMARY: In compliance with the to provide information. 3506(c)(2)(A) of the PRA. Paperwork Reduction Act (PRA) of 1995 Approved: September 15, 2000. With respect to the following (44 U.S.C., 3501 et seq.), this notice collection of information, VBA invites Garrick R. Shear, announces that the Veterans Benefits comments on: (1) Whether the proposed IRS Reports Clearance Officer. Administration (VBA), Department of collection of information is necessary Veterans Affairs, has submitted the [FR Doc. 00–24450 Filed 9–21–00; 8:45 am] for the proper performance of VBA’s collection of information abstracted BILLING CODE 4830±01±P functions, including whether the below to the Office of Management and information will have practical utility; Budget (OMB) for review and comment. (2) the accuracy of VBA’s estimate of the The PRA submission describes the DEPARTMENT OF VETERANS burden of the proposed collection of nature of the information collection and AFFAIRS information; (3) ways to enhance the its expected cost and burden; it includes [OMB Control No. 2900±0176] quality, utility, and clarity of the the actual data collection instrument. information to be collected; and (4) DATES: Comments must be submitted on Proposed Information Collection ways to minimize the burden of the or before October 23, 2000. Activity: Proposed Collection; collection of information on FOR FURTHER INFORMATION OR A COPY OF Comment Request respondents, including through the use THE SUBMISSION CONTACT: Denise of automated collection techniques or AGENCY: Veterans Benefits McLamb, Information Management the use of other forms of information Administration, Department of Veterans Service (045A4), Department of technology. Affairs. Veterans Affairs, 810 Vermont Avenue, Title: Monthly Record of Training and ACTION: Notice. NW., Washington, DC 20420, (202) 273– Wages, VA Form 28–1905c. 8030 or FAX (202) 273–5981. Please SUMMARY: The Veterans Benefits OMB Control Number: 2900–0176. refer to ‘‘OMB Control No. 2900–0276.’’ Type of Review: Reinstatement, Administration (VBA), Department of SUPPLEMENTARY INFORMATION: Veterans Affairs (VA) is announcing an without change, of a previously Title: Manufactured Home Appraisal opportunity for public comment on the approved collection for which approval Report, VA Form 26–8712. proposed collection of information by has expired. OMB Control Number: 2900–0276. the agency. Under the Paperwork Abstract: A trainer uses the form as an Type of Review: Extension of a Reduction Act (PRA) of 1995, Federal outline for recording veterans’ progress currently approved collection. agencies are required to publish notice toward their rehabilitation goals as well Abstract: This form is used by VA fee in the Federal Register concerning each as recording veterans’ on-job training and staff appraisers to establish the proposed collection of information, monthly wages. Trainers report these reasonable value of used manufactured including each proposed reinstatement, wages on the form only at the beginning homes. The reasonable value is then without change, of a previously of the program and at any time the used: (1) To establish the maximum approved collection for which approval trainee’s wage rate changes. Following a loan amount a veteran may obtain for has expired, and allow 60 days for veteran’s completion of a vocational the purchase of a used manufactured public comment in response to the rehabilitation program, the trainer home unit; (2) to obtain information on notice. This notice solicits comments on submits the form to VA for review by the condition of the unit and its the information needed by VA to the veteran’s case manager. compliance with VA’s minimum monitor a program participant’s training Affected Public: Individuals or property requirements; and (3) in the to ensure that the participant is households, Business or other for-profit. event of foreclosure, to ascertain the progressing and learning the skills Estimated Annual Burden: 3,000 value of the unit for resale purposes for necessary to carry out the duties of the hours. use in computation of claims in occupational goal. Estimated Average Burden Per applicable cases. DATES: Written comments and Respondent: 15 minutes. An agency may not conduct or recommendations on the proposed Frequency of Response: Monthly. sponsor, and a person is not required to VerDate 11 VerDate 11 Corrections Federal Register Vol. 65, No. 185 Friday, September 22, 2000 This section of the FEDERAL REGISTER contains editorial corrections of previously published Presidential, Rule, Proposed Rule, and Notice documents. These corrections are prepared by the Office of the Federal Register. Agency prepared corrections are issued as signed documents and appear in the appropriate document categories elsewhere in the issue. THE PRESIDENT 3 CFR Executive Order 13167 of September 15, 2000 Amendment to Executive Order 13147, Increasing the Membership of the White House Commission on Complementary and Alternative Medicine Policy Correction In Executive Order 13167 of September 15, 2000, in the issue of Wednesday, September 20, 2000, page 54079 should read 57079. [FR Doc. C0–24364 Filed 9–21–00; 8:45 am] BILLING CODE 1505±01±D VerDate 11 Part II Securities and Exchange Commission 17 CFR Parts 200, 275, and 279 Electronic Filing by Investment Advisers; Amendments To Form ADV; Final Rule VerDate 11 SECURITIES AND EXCHANGE U.S.C. 80b–1] (the Advisers Act or the filings of Form ADV unless the adviser COMMISSION Act). The Commission also is has been granted a hardship exemption. withdrawing rule 204–5 [17 CFR I. Discussion 17 CFR Parts 200, 275, and 279 275.204–5] and Forms 5–R, 6–R, 7–R, [Release No. IA±1897; 34±43282; File No. and ADV–Y2K [17 CFR 279.5, 279.6, In April, the Commission proposed S7±10±00] 279.7, and 279.9] under the Advisers amendments to the filing rules under Act. the Advisers Act as well as amendments RIN 3235±AD21 1 Table of Contents to Forms ADV and ADV–W. We Electronic Filing by Investment received over 70 comments on the Executive Summary 2 Advisers; Amendments To Form ADV proposed rules. Commenters I. Discussion overwhelmingly supported electronic AGENCY: Securities and Exchange A. The Investment Adviser Registration filing by advisers. Today we are Commission. Depository adopting those amendments, but are ACTION: Final rule. B. Transition to Electronic Filing deferring adoption of amendments to 1. Applicants For Registration as an Investment Adviser Part 2 of Form ADV for reasons we SUMMARY: The Commission is adopting describe below.3 new rules and rule amendments under 2. Advisers Currently Registered with the the Investment Advisers Act of 1940 to Commission A. The Investment Adviser Registration 3. Hardship Exemptions Depository require that advisers registered with the 4. Setting Up an IARD Account Commission make filings under the Act 5. Getting Help The Commission and the state with the Commission electronically C. Amendments to Form ADV securities authorities have created an through the Investment Adviser 1. Part 1 of Form ADV electronic filing system, the IARD, Registration Depository (IARD). The 2. Part 2 of Form ADV through which investment advisers will Commission is also adopting II. Effective Date make filings with us and the states over amendments to Forms ADV and ADV– III. Cost-Benefit Analysis the Internet. NASDR is building and W that prepare those forms for IV. Paperwork Reduction Act will operate the IARD under contracts electronic filing. The new rules V. Summary of Final Regulatory Flexibility Analysis with the Commission and the North implement our statutory mandate to VI. Statutory Authority American Securities Administrators create a one-stop electronic filing Text of Rule and Form Amendments Association (NASAA).4 NASDR will be system for investment advisers and to Form ADV responsible for certain ministerial tasks provide investors with a readily Form ADV–W as operator of the IARD, by will not act accessible database of information about Form ADV–H as a self-regulatory organization for investment advisers and persons Form ADV–NR advisers.5 associated with investment advisers. Executive Summary DATES: Effective October 10, 2000. The IARD will be ‘‘rolled out’’ in a The transition to electronic filing, The Commission is adopting new series of releases beginning early next beginning in January 2001, is discussed rules and rule amendments under the year. in Section I.B of the SUPPLEMENTARY Advisers Act to require registered • SEC-Registered Adviser Filings. INFORMATION section of this Release. investment advisers to make filings with Firms registered or applying for FOR FURTHER INFORMATION CONTACT: us electronically through the Investment registration with us will use the IARD Contact Jennifer B. McHugh, Special Advisers Registration Depository to file Forms ADV and ADV–W Counsel, or Jennifer L. Sawin, Special (IARD). The IARD, which will be Counsel, at (202) 942–0691, Office of operated by NASD Regulation, Inc. 1 Investment Advisers Act Release No. 1862. (Apr. Investment Adviser Regulation, Division (NASDR), will permit investment 5, 2000) [65 FR 20524 (Apr. 17, 2000)] (‘‘Proposing of Investment Management, Securities advisers to satisfy their filing obligations Release’’) under state and federal law with a single 2 A summary of comments prepared by our staff and Exchange Commission, 450 Fifth is available in our Public Reference Room in File Street, N.W., Washington, D.C. 20549– electronic filing made over the Internet. No. S7–10–00, and on our web site at www.sec.gov/ 0506. Visit the IARD page on our We are also amending Forms ADV rules/extra/iardsumm. website at www.sec.gov/iard, or email and ADV–W to update the forms and 3 We changed the numbering of the parts of Form ADV from Roman (Part I and II) to Arabic (Part 1 VerDate 11 VerDate 11 Form ADV–W must be filed filing.26 The temporary hardship program, scheduled to begin next electronically.20 exemption is available automatically month, a small group of advisers will To facilitate a smooth transition to upon filing Form ADV–H. A continuing make filings through the IARD to test electronic filing, we have assigned each hardship exemption is available only to the system. Persons completing Form adviser registered with us to one of four an adviser that is a ‘‘small business’’ ADV on the IARD will be able to use an groups. Members of each group must and can demonstrate that filing on-line help function that our staff will file amendments to their registration electronically would create an undue update from time to time with answers forms by the end of one of the first four hardship (e.g., the adviser has no to frequently asked questions. We months of 2001.21 They must use computer and is unable to afford a filing recognize, however, that the IARD and revised Form ADV, and must file service).27 Although advisers requesting our rule amendments may raise electronically through the IARD unless a continuing hardship exemption will questions for persons filing for the first they have obtained a hardship submit Form ADV–H to NASDR, the time. Our staff and the staff of NASDR exemption. We have assigned each decision whether to grant an exemption will provide assistance to advisers adviser with a fiscal year ending in will be made by the Commission.28 during this transition period. We have December to one of the first three created a page on our web site to 4. Setting Up an IARD Account months by reference to its SEC filing provide information to advisers about number,22 which will permit those In order to file electronically, an electronic filing.31 We will use the IARD advisers to use the transitional filing to adviser must first request and obtain web page to post copies of forms, also satisfy their annual updating access to the IARD and set up an IARD instructions on gaining IARD access, requirement under our rules.23 We have account with NASDR. This fall, we will instructions on how to make an assigned advisers having fiscal years mail each SEC-registered adviser the electronic filing, and answers to ending in months other than December forms and instructions needed to set up frequently asked questions about the to the group that must file no later than an IARD user account with NASDR. IARD and electronic filing. We have the last day of April 2001.24 Advisers must complete these forms, established a hot line to answer sign them, and mail them back to 32 3. Hardship Exemptions questions, and the NASDR will NASDR. NASDR will then create the operate a help desk for advisers.33 An adviser may request one of two adviser’s IARD account for fee Before calling, we urge advisers and types of hardship exemptions by payments, assign the adviser a CRD their personnel to consult the submitting Form ADV–H (on paper) to number,29 and issue passwords for the instructions to Form ADV and our web NASDR.25A temporary hardship adviser’s authorized personnel. NASDR site. exemption permits the adviser to extend will also provide the adviser with C. Amendments to Form ADV the deadline for a filing for seven instructions on funding its IARD billing business days if unexpected difficulties, account; the adviser must fund its IARD Form ADV consists of two parts. The such as a computer malfunction or billing account by check or wire transfer first part asks for information about the electrical outage, prevent it from before it can make an electronic filing adviser and persons associated with the through the IARD.30 adviser, which provides us with 20 Rules 204–1(b)(4) and 203–2(b) [17 CFR information we need to make 275.204–1(b)(4) and 203–2(b)]. Form ADV–W is in 5. Getting Help registration decisions and manage our Appendix B to this Release. 21 Until an adviser makes its first electronic filing We designed the IARD with the regulatory and examinations program. it must comply with the updating requirements of assistance of an advisory industry The second part contains the our rules by making paper filings of Part 1 of Form committee whose members represented requirements for a written statement ADV with us, using ‘‘old’’ Form ADV, i.e., Form different types of advisory firms. The that advisers must provide to ADV that does not reflect the current amemdments. If an adviser should withdraw its registration before committee helped us design the IARD to prospective clients and annually offer to 34 making its first electronic filing on Form ADV, it be easy for advisers to use. Under a pilot clients under our rules. must file its Form ADV–W with us on paper. It may 1. Part 1 of Form ADV use either ‘‘old’’ Form ADV–W or Form ADV–W as 26 See rule 203–3(a) [17 CFR 275.203–3(a)]. Some we are amending it today. commenters on the proposed rule argued that seven We proposed substantial revisions to 22 If an adviser’s fiscal year (as reported in its days was inadequate. We are adopting the rule as Part 1 to accommodate electronic filing, current Form ADV) ends in December, the adviser proposed. As we noted in the Proposing Release, and to reflect changes in the advisory must transition to electronic filing by submitting an advisers facing a persistent filing impediment amendment to its Form ADV through the IARD no should make alternative filing arrangements, such industry and the laws regulating later than: as hiring a service bureau. investment advisers.35 We proposed to (i) Janaury 31, 2001, if the adviser’s SEC file 27 Rule 203–3(b) [17 CFR 275.203–3(b)]. An number is 801–1 through 801–36806; investment adviser generally is a small business if 31 The site address is VerDate 11 VerDate 11 VerDate 11 VerDate 11 The Commission staff had estimated The collection of information burden 279.2. Responses are not kept an average burden increase for Form due to rulemaking for advisers to file confidential. The information collection ADV of 1.47 hours per adviser per year and complete the revised Form ADV is requirements are required for all for a 15-year period.67 This burden approximately 23,315 hours per year.72 advisers registered with the Commission increase reflected new registrants’ The total increase in the collection of once the transition period to electronic filings of revised Form ADV as well as information burden therefore is 27,018 filing is complete. currently-registered advisers’ IARD hours,73 and the total collection of Rule 0–2 and Form ADV–NR transition filings. Several commenters information burden for Form ADV is expressed concerns that the estimates therefore 46,466 hours.74 The Commission is amending rule 0– for initial completion of revised Form This collection of information appears 2, adding Form ADV–NR, and deleting ADV were too low, particularly for large at 17 CFR 275.203–1, 275.204–1, and Forms 4–R, 5–R, 6–R and 7–R. Rule 0– firms.68 The estimated hours are 279.1. Responses are not kept 2 permits service of process on non- averages that take into consideration confidential. The information collection resident advisers and on non-resident small advisers as well as those with requirements are required for all general partners or managing agents of thousands of employees. advisers registered with us or applying advisers by service on their agents. The The Commission has submitted a PRA for registration after January 1, 2001. amended Form ADV execution page for change worksheet to OMB to correct an Form ADV–W and Rule 203–2 non-resident advisers incorporates the error in the collection of information, substance of Forms 4–R through 6–R, which error may have contributed to The Commission is amending rule and designates the Secretary of the commenters’ concerns. The increase in 203–2 to (i) require advisers to file Form Commission, among others, as the burden due to the amendments was ADV–W through the IARD and (ii) make adviser’s agent for service of process; presented as the total burden of the adviser withdrawals effective upon accordingly, the paperwork burdens of filing.75 The Commission is also collection of information, omitting Forms 4–R through 6–R have been amending Form ADV–W to permit reference to the current burden to which incorporated into the collection of advisers filing for ‘‘partial withdrawals’’ the incremental hours were added. information requirements for Form to omit certain items that we do not As discussed in the Proposing ADV, discussed above. The substance of need from an adviser continuing in Release, the Commission staff has Form 7–R is contained in new Form business as a state-registered adviser. estimated that advisers will file a total ADV–NR. Form ADV–NR designates the The Commission staff has estimated that of 13,250 Form ADV amendments with Secretary of the Commission, among approximately 50 percent of advisers us each year.69 We anticipate that others, as the non-resident general filing for withdrawal will file for full electronic filing will reduce the partner’s or managing agent’s agent for withdrawal, incurring a burden of service of process. information collection burden of filing approximately 0.75 hours (45 minutes) The Commission staff has estimated an amendment to Form ADV by per response, and the remaining 50 70 that approximately 380 respondents approximately thirty percent, and the percent will file for partial withdrawal, each year will be subject to rule 0–2. Of estimated burden for Form ADV incurring a burden of approximately 71 these, approximately 285 respondents amendments is 9,938 hours per year. 0.25 hours (15 minutes) per response. will be non-resident advisers that will The weighted average total time for each now comply with rule 0–2 simply by hours per year. In the Proposing Release, we respondent to complete Form ADV–W proposed to incorporate the requirements of rule executing Form ADV. The remaining 95 as amended is estimated to be 0.5 hours 206(4)–4 into Part 2 of Form ADV and to withdraw respondents will be non-resident (30 minutes), a decrease from the one the rule. As discussed above, however, we are general partners or managing agents of deferring adoption of those proposals until later this hour required for the current form. year. Based on the Commission’s recent SEC-registered investment advisers, and 67 As discussed in the Proposing Release, to experience in processing investment must file Form ADV–NR with the estimate the annual burden associated with revised 78 adviser withdrawals, however, the Commission. The staff has estimated Form ADV, we amortized the burden of an adviser’s that preparing and filing Form ADV–NR initial preparation and filing of Form ADV over a Commission staff has estimated that 15-year period, which reflects the expected useful approximately 1,300 advisers withdraw will continue to require approximately life of the revised form. After its initial filing of from SEC registration each year, which one hour of the non-resident general 79 Form ADV through the IARD (whether as a new is an increase from the current burden.76 partner’s or managing agent’s time. registrant or for an existing registrant re-filing to The total estimated burden therefore is transition to the system), an adviser’s burden will The total collection of information generally be limited to amending the form as burden is estimated to be 650 hours.77 95 hours. needed. This collection of information is This collection of information is 68 Many of the concerns centered on proposed found at 17 CFR 275.203–2 and 17 CFR found at 17 CFR 275.0–2 and 17 CFR Parts 2A (the adviser’s narrative firm brochure) and 279.4. Responses are not kept 2B (brochure supplements for advisory personnel). As discussed earlier, we are deferring adoption of 72 9,938 hours attributable to amendments + confidential. The information collection × those proposals at this time. (1,000 new registrants 1.47 (amortized) hours) = requirements are required for each non- 69 As discussed in the Proposing Release, based 23,315 hours. resident adviser, and for each non- on the Commission’s recent experience it is 73 23,315 hours due to rulemaking + 3,703 hours resident general partner or managing due to an increase in the number of advisers = estimated that, each year, 890 new registrants and agent of any SEC-registered adviser. 10 multi-state advisers (i.e., advisers relying on the 27,018 total burden hours. multi-state exemption found at rule 203A–2(e) [17 74 19,448 + 27,018 = 46,466. Rule 203–3 and Form ADV–H CFR 275.203A–2(e)]) will each amend their Form 75 Rule 203–2 currently provides for a 60-day wait ADV 1 time; 100 advisers relying on rule 203A– before a withdrawal is effective. We are adopting new rule 203–3 and 2(d)[17 CFR 275.203A–2(d)] will each amend their 76 The Commission in the past received new Form ADV–H. Rule 203–3 requires Form ADV 2 times; and 8100 currently-registered approximately 616 notices of withdrawal on Form advisers requesting either a temporary advisers will amend their Form ADV, on average, ADV–W per year. 1.5 times. 77 (650 advisers filing for full withdrawal × .75 or continuing hardship exemption to 70 The revised collection of informatioin burden hours) + (650 advisers filing for partial withdrawal per amendment is 0.75 hours (current burden per × .25 hours) = 487.5 +162.5 = 650 hours. This 78 A non-resident general partner or managing amendment of 1.07 hours × .70 = .749 hours per represents a net increase from the current burden agent is required to file Form ADV–NR only once. amendment). of 616 hours, which was based on 616 respondents 79 One hour is the current burden for a response 71 13,250 responses × 0.75 hours = 9,937.5 hours. and one hour per response. to Form 4–R, 5–R, 6–R or 7–R. VerDate 11 VerDate 11 VerDate 11 VerDate 11 § 200.30±11 Delegation of authority to (1) Managing agent means any person, to receive upon dissolution, or has Associate Executive Director of the Office including a trustee, who directs or contributed, 25 percent or more of the of Filings and Information Services. manages, or who participates in capital of the partnership. * * * * * directing or managing, the affairs of any (iii) A person is presumed to control (b) * * * unincorporated organization or a limited liability company (LLC) if the (2) Under section 203(h) of the Act (15 association other than a partnership. person: U.S.C. 80b–3(h)), to authorize the (2) Non-resident means: (A) Directly or indirectly has the right issuance of orders canceling (i) An individual who resides in any to vote 25 percent or more of a class of registrations of investment advisers, or place not subject to the jurisdiction of the interests of the LLC; pending applications for registration, if the United States; (B) Has the right to receive upon such investment advisers or applicants (ii) A corporation that is incorporated dissolution, or has contributed, 25 for registration are no longer in in or that has its principal office and percent or more of the capital of the existence or are not engaged in business place of business in any place not LLC; or as investment advisers. subject to the jurisdiction of the United (C) Is an elected manager of the LLC. * * * * * States; and (iv) A person is presumed to control (iii) A partnership or other a trust if the person is a trustee or PART 275ÐRULES AND unincorporated organization or managing agent of the trust. REGULATIONS, INVESTMENT association that has its principal office * * * * * ADVISERS ACT OF 1940 and place of business in any place not 7. Section 275.203–1 is revised to read subject to the jurisdiction of the United as follows: 4. The general authority citation for States. part 275 is revised to read as follows: (3) Principal office and place of § 275.203±1 Application for investment Authority: 15 U.S.C. 80b–2(a)(11)(F), 80b– business has the same meaning as in adviser registration. 2(a)(17), 80b–3, 80b–4, 80b–6(4), 80b–6a, § 275.203A–3(c) of this chapter. (a) Form ADV. To apply for 80b–11, unless otherwise noted. 6. In § 275.0–7, the introductory text registration with the Commission as an * * * * * of paragraphs (a) and (b) are republished investment adviser, you must complete 5. Section 275.0–2 is revised to read and paragraphs (a)(1) and (b)(1) are and file Form ADV (17 CFR 279.1) by as follows: revised to read as follows: following the instructions in the Form. (b) Electronic filing. (1) If you apply § 275.0±2 General procedures for serving § 275.0±7 Small entities under the non-residents. Investment Advisers Act for purposes of for registration after January 1, 2001, you must file electronically with the (a) General procedures for serving the Regulatory Flexibility Act. (a) For purposes of Commission Investment Adviser Registration process, pleadings, or other papers on Depository (IARD), unless you have non-resident investment advisers, rulemaking in accordance with the provisions of Chapter Six of the received a hardship exemption under general partners and managing agents. § 275.203–3. Under Forms ADV and ADV–NR [17 Administrative Procedure Act (5 U.S.C. CFR 279.1 and 279.4], a person may 601) and unless otherwise defined for Note to Paragraph (b)(1): Information on serve process, pleadings, or other papers purposes of a particular rulemaking how to file with the IARD is available on the on a non-resident investment adviser, or proceeding, the term ‘‘small business’’ Commission’s website at VerDate 11 VerDate 11 11. Section 275.203A–2 is amended as adviser indicates on an annual updating (2) If you are an investment adviser follows: amendment to Form ADV that the whose registration application (filed on a. The introductory text is investment adviser would be required paper) was pending on January 1, 2001 republished; by the laws of fewer than 25 States to and became effective after that date, you b. In paragraph (b)(3), the phrase register as an investment adviser with must amend your Form ADV by ‘‘Schedule I’’ is revised to read ‘‘an the securities commissioners (or any electronically filing a completed Part 1A annual updating amendment’’; agencies or officers performing like of Form ADV (as amended effective c. The introductory text to paragraph functions) in the respective States, and October 10, 2000) with the IARD by (d) is republished; that the investment adviser would be April 30, 2001. d. Paragraphs (d)(2) and (d)(3) are prohibited by section 203A(a) of the Act (3) If you have received a continuing revised; (15 U.S.C. 80b–3a(a)) from registering hardship exemption under § 275.203–3, e. The introductory text to paragraph with the Commission, by filing a you must file a completed Part 1A of (e) is republished; and completed Form ADV–W within 180 Form ADV on paper with NASD f. Paragraphs (e)(2), (e)(3) and (e)(4) days of the adviser’s fiscal year end Regulation, Inc. (NASDR) when you are are revised to read as follows: (unless the adviser then has at least $25 required to amend your Form ADV by million of assets under management or the schedule in paragraph (b)(1) of this § 275.203A±2 Exemptions from prohibition section. on SEC registration. is otherwise eligible for SEC registration); and (4) If you have filed Part 1A of Form The prohibition of section 203A(a) of (4) Maintains in an easily accessible ADV with the IARD under paragraphs the Act (15 U.S.C. 80b–3a(a)) does not place a record of the States in which the (1) or (2) of this section, you must file apply to: investment adviser has determined it all subsequent amendments to Part 1A * * * * * would, but for the exemption, be of your Form ADV with the IARD. (d) Investment advisers expecting to required to register for a period of not (c) Special rule for Part II. You are not be eligible for SEC registration within less than five years from the filing of a required to file with the Commission a 120 days. An investment adviser that: Form ADV that includes a copy of Part II of Form ADV if you * * * * * representation that is based on such maintain a copy of your Part II (and any (2) Indicates on Schedule D of its record. brochure you deliver to clients) in your files. The copy maintained in your files Form ADV (17 CFR 279.1) that it will 12. Section 275.204–1 is revised to is considered filed with the withdraw from registration with the read as follows: Commission if, on the 120th day after Commission. the date the investment adviser’s § 275.204±1 Amendments to application Note to Paragraph (c): The Commission registration with the Commission for registration. has proposed, but not adopted, substantial becomes effective, the investment (a) When amendment is required. You changes to Part II of Form ADV. Thus, the adviser would be prohibited by section must amend your Form ADV (17 CFR rules for preparing, delivering, and offering 279.1): Part II (or a brochure containing at least the 203A(a) of the Act (15 U.S.C. 80b–3a(a)) information contained in Part II) have not from registering with the Commission; (1) At least annually, within 90 days changed. If you are an SEC-registered adviser, and of the end of your fiscal year; and however, you no longer have to file Part II (3) Notwithstanding § 275.203A– (2) More frequently, if required by the with the Commission. Instead, you must keep 1(b)(2) of this chapter, files a completed instructions to Form ADV. a copy in your files, and update the Form ADV–W (17 CFR 279.2) (b) Transition to electronic filing. (1) information in your Part II whenever it withdrawing from registration with the If you are an investment adviser becomes materially inaccurate. If you are a registered with the Commission on State-registered adviser, State law may Commission within 120 days after the continue to require you to file Part II with the date the investment adviser’s December 31, 2000, you must amend appropriate State securities authority on registration with the Commission your Form ADV by electronically filing paper, regardless of whether you are filing becomes effective. a completed Part 1A of Form ADV (as Part 1 on paper or through the IARD. amended effective October 10, 2000) (e) Multi-State investment advisers. (d) Filing fees. You must pay NASDR with the Investment Adviser An investment adviser that: (the operator of the IARD) an initial Registration Depository (IARD) * * * * * filing fee when you first electronically according to the following schedule: (2) Indicates on Schedule D of its file Part 1A of Form ADV pursuant to (i) If your fiscal year ends in Form ADV that the investment adviser sub-paragraph (b) of this section. After December, and has reviewed the applicable State and you pay the initial filing fee, you must (A) Your SEC registration number is federal laws and has concluded that, in pay an annual filing fee each time you 801–1 through 801–36806, you must file the case of an application for file your annual updating amendment. no later than January 31, 2001; registration with the Commission, it is No portion of either fee is refundable. (B) Your SEC registration number is required by the laws of 30 or more The Commission has approved the filing 801–36807 through 801–54145, you States to register as an investment fees. Your amended Form ADV will not must file no later than February 28, adviser with the State securities be accepted by NASDR, and thus will 2001; authorities in the respective States or, in not be considered filed with the (C) Your SEC registration number is the case of an amendment to Form ADV, Commission, until you have paid the 801–54146 or higher, you must file no it would be required by the laws of at filing fee. least 25 States to register as an later than March 30, 2001. (e) Amendments to Form ADV are investment adviser with the State (ii) If your fiscal year ends in any reports. Each amendment required to be securities authorities in the respective month other than December (i.e., filed under this section is a ‘‘report’’ States, within 90 days prior to the date January through November), you must within the meaning of sections 204 and of filing Form ADV; file no later than April 30, 2001. 207 of the Act (15 U.S.C. 80b–4 and (3) Undertakes on Schedule D of its Note to Paragraphs (a) and (b): Information 80b–7). Form ADV to withdraw from on how to file with the IARD is available on 13. Section 275.204–5 is removed and registration with the Commission if the our website at VerDate 11 PART 279ÐFORMS PRESCRIBED § 279.9 [Removed and Reserved] • Schedule C is used by paper filers to update the information required by UNDER THE INVESTMENT ADVISERS 23. Section 279.9 and Form ADV–Y2K ACT OF 1940 Schedules A and B (see Instruction 14). are removed and reserved. • Schedule D asks for additional 14. The authority citation for Part 279 Note: Form ADV–Y2K does not appear in information for certain items in Part 1A. • continues to read as follows: the Code of Federal Regulations. Disclosure Reporting Pages (or ‘‘DRPs’’ ) ask for details about disciplinary events Authority: 15 U.S.C. 80b–1 to 80b–22. By the Commission. involving you or persons affiliated with you. 15. Form ADV (referenced in § 279.1) Dated: September 12, 2000. (These are considered schedules too.) • is revised. Margaret H. McFarland, Part 1B asks additional questions required by state securities authorities. Part Note: The text of Form ADV does not and Deputy Secretary. 1B contains three DRPs. If you are applying the amendments will not appear in the Code [Note: Appendixes A, B, C, and D will not for registration or are registered only with the of Federal Regulations. Form ADV is attached appear in the Code of Federal Regulations] SEC, you do not have to complete Part 1B. as Appendix A. Appendix A (If you are filing electronically and you do 16. Form ADV–W (referenced in not have to complete Part 1B, you will not § 279.2) is revised. Form ADV (Paper Version); UNIFORM see Part 1B.) APPLICATION FOR INVESTMENT • Part II is your current brochure. You Note: The text of Form ADV-W does not ADVISER REGISTRATION must continue to amend your brochure, and the amendments will not appear in the Form ADV: General Instructions deliver it to prospective clients, and annually Code of Federal Regulations. Form ADV–W offer it to current clients. See rule 204–3. You is attached as Appendix B. Read these instructions carefully before are not required to file amendments to Part filing Form ADV. Failure to follow these II with the SEC. 17. Section 279.3 and Form ADV–H instructions, properly complete the form, and are added as follows: pay all required fees may result in your filing Note: The SEC has proposed to amend Part Note: The text of Form ADV–H will not being returned to you. Electronic filers II of Form ADV. These changes, proposed as appear in the Code of Federal Regulations. should follow the instructions available on- Part 2, have not been adopted at this time. Form ADV–H is attached as Appendix C. line, which are different. Until the Commission adopts Part 2, the In these instructions and in the form, current brochure requirements are in effect, § 279.3 Form ADV±H, application for a ‘‘you’’ means the investment adviser (i.e., the except that you are no longer required to file temporary or continuing hardship advisory firm) applying for registration or amendments to Part II with the Commission. exemption. amending its registration. If you are a See rule 204–3. An investment adviser must file this ‘‘separately identifiable department or division’’ (SID) of a bank, ‘‘you’’ means the 4. When am I required to update my Form form under § 275.203–3 of this chapter ADV? to request a temporary hardship SID, rather than your bank, unless the instructions or the form provide otherwise. You must amend your Form ADV each exemption or apply for a continuing Terms that appear in italics are defined in the year by filing an annual updating hardship exemption. Glossary of Terms to Form ADV. amendment within 90 days after the end of 18. Form 4–R (referenced in § 279.4) your fiscal year. When you submit your 1. Where can I get more information on is removed. annual updating amendment, you must Form ADV, electronic filing, and the IARD? 19. Section 279.4 is revised and Form update your responses to all items. ADV–NR is added as follows: The SEC provides information about its In addition to your annual updating rules and the Advisers Act on its website: Note: Form ADV–NR will not appear in the amendment, you must amend your Form VerDate 11 Schedule F as a continuation sheet. If you • You are filing with the SEC (and If you are granted a continuing hardship check ‘‘yes’’ to Item 14 of Part II, prepare and submitting notice filings to any of the state exemption to file Form ADV on paper, file a balance sheet following instructions in securities authorities), or NASDR will enter your filing into the IARD Schedule G. The balance sheet information • You are filing with a state securities and your notice filings will be sent must be distributed to clients as part of your authority that requires or permits advisers to electronically to the state securities written disclosure statement (regardless of submit Form ADV through the IARD. authorities that you check on Item 2.B. of whether you use Part II or a brochure). To file electronically, go the IARD website Part 1A. If you are an SEC-registered adviser, ( VerDate 11 14. What if I am not able to file instead of electronic filings, submit one Privacy Act System of Records Notice for electronically? manually signed Form ADV and one copy to these records. If you are required to file electronically but the appropriate state securities authorities. cannot do so, you may be eligible for one of Form ADV (Paper Version), Uniform two types of hardship exemptions from the 16. Who is required to file Form ADV–NR? Application for Investment Adviser electronic filing requirements. Every non-resident general partner and Registration • A temporary hardship exemption is managing agent of all SEC-registered Form ADV: Supplemental Instructions for available if you file electronically, but you advisers, whether or not the adviser is Transition to Electronic Filing encounter unexpected difficulties that resident in the United States, must file Form prevent you from making a timely filing with ADV–NR in connection with the adviser’s SEC Requirements the IARD, such as a computer malfunction or initial application. A general partner or SEC rules require advisers that are electrical outage. This exemption does not managing agent of an SEC-registered adviser registered or applying for registration with permit you to file on paper; instead, it who becomes a non-resident after the the SEC to file electronically. All extends the deadline for an electronic filing adviser’s initial application has been applications for registration filed after for seven business days. See SEC rule 203– submitted must file Form ADV–NR within 30 December 31, 2000 must be filed 3(a). days. Form ADV–NR must be filed on paper electronically through the IARD system. See • A continuing hardship exemption may (it cannot be filed electronically). SEC rule 203–1. be granted if you are a small business and Submit Form ADV–NR to the SEC at the If your SEC registration was made effective you can demonstrate that filing electronically following address: Securities and Exchange on or before December 31, 2000, you must would impose an undue hardship. You are a Commission, 450 5th Street, N.W., Mail Stop transition to electronic filing by submitting small business, and may be eligible for a A–2, Washington, DC 20549; Attn: Branch of an amendment to your Form ADV through continuing hardship exemption, if you are Registrations & Examinations the IARD during one of the first four months required to answer Item 12 of Part 1A Failure to file Form ADV–NR promptly of 2001. To facilitate an orderly transition, (because you have assets under management may delay SEC consideration of your initial registered advisers have been divided into of less than $25 million) and you are able to application. four groups. Members of each group will file respond ‘‘no’’ to each question in Item 12. amendments to their registration forms See SEC rule 0–7. Federal Information Law and Requirements during one of the four months. See SEC rule If you have been granted a continuing Advisers Act Sections 203(c), 204, 206 and 204–1. hardship exemption, you must complete and 211(a) authorize the SEC to collect the If your fiscal year ends in December and file the paper version of Form ADV with information required by Form ADV. The SEC NASDR. NASDR will enter your responses uses the information for regulatory purposes, your SEC 801 you must file by: into the IARD. As discussed in General including deciding whether to grant number is: Instruction 13, NASDR will charge you a fee registration. The SEC keeps files of the to reimburse it for the expense of data entry. information submitted on this form and • 801±1 through January 31, 2001 Before applying for a continuing hardship makes the information publicly available. 801±36806. exemption, consider engaging a firm that The SEC may reject forms that do not include • 801±36807 through February 28, 2001 assists investment advisers in making filings required information. By accepting a form, 801±54145. with the IARD. Check the SEC’s web site however, the SEC does not make a finding • 801±54146 and March 30, 2001 ( VerDate 11 Item 1.F. should be the principal office at advisory services at the end of the 12-month you must check box 11 in Item 2.A. You also which you conduct your advisory business. period. If you provided advisory services to must file a Form ADV–W to withdraw your In response to Item 1.I., the World Wide Web other plans during the 12-month period, but SEC registration. See Part 1A Instruction 2. site addresses you list on Schedule D should your employment or contract terminated h. Item 2.A(11): Adviser No Longer be sites that provide information about your before the end of the 12-month period, you Eligible to Remain Registered with the SEC. own activities, rather than general also may include the value of those assets. You must check box 11 if: information about your bank. e. Item 2.A(7): Affiliated Adviser. You may • you are registered with the SEC; check box 7 only if you are eligible for the • you are filing an annual updating 2. Item 2: SEC Registration affiliated adviser exemption from the amendment to Form ADV in which you If you are registered or applying for prohibition on SEC registration. See SEC rule indicate in response to Item 5.F(2)(c) that you registration with the SEC, you must indicate 203A–2(c). You are eligible for this have assets under management of less than in Item 2.A. why you are eligible to register exemption if you control, are controlled by, $25 million; and with the SEC by checking one or more boxes. or are under common control with an • you are not eligible to check any other a. Item 2.A(1): Adviser with Assets Under investment adviser that is registered with the box (other than box 11) in Item 2.A. (and are Management of $25 Million or More. You SEC, and you have the same principal office therefore no longer eligible to remain may check box 1 only if your response to and place of business as that other registered with the SEC). Item 5.F(2)(c) is $25 million or more. While investment adviser. If you check box 7, you You must withdraw from SEC registration you may register with the SEC if your assets also must complete Section 2.A(7) of within 180 days after the end of your fiscal under management are at least $25 million Schedule D. year by filing Form ADV–W. Until you file but less than $30 million, you must register f. Item 2.A(8): Newly-Formed Adviser. You your Form ADV–W, you will remain subject with the SEC if your assets under may check box 8 only if you are eligible for to SEC regulation, and you also will be management are $30 million or more. Part 1A the newly-formed-adviser exemption from subject to regulation in the states in which Instruction 5.b. explains how to calculate the prohibition on SEC registration. See SEC you register. See SEC rule 203A–1(b). your assets under management. rule 203A–2(d). You are eligible for this If you are a state-registered adviser and you exemption if: 3. Item 3: Form of Organization report on your annual updating amendment • immediately before you file your If you are a ‘‘separately identifiable that your assets under management increased application for registration with the SEC, you department or division’’ (SID) of a bank, to $25 million or more, you may register with were not registered or required to be answer Item 3.A. by checking ‘‘other.’’ In the the SEC. If your assets under management registered with the SEC or a state securities space provided, specify that you are a ‘‘SID increased to $30 million or more, you must authority; and of’’ and indicate the form of organization of register with the SEC within 90 days after • at the time of your formation, you have your bank. Answer Items 3.B. and 3.C. with you file that annual updating amendment. a reasonable expectation that within 120 days information about your bank. See SEC rule 203A–1(b) and Form ADV of registration you will be eligible for SEC General Instruction 10. registration. 4. Item 4: Successions b. Item 2.A(4): Adviser to an Investment If you check box 8, you also must complete a. Succession of an SEC-Registered Company. You may check box 4 only if you Section 2.A(8) of Schedule D. Adviser. If you (1) have taken over the currently provide advisory services under an You must file an amendment to Part 1A of business of an investment adviser or (2) have investment advisory contract to an your Form ADV that updates your response changed your structure or legal status (e.g. investment company registered under the to Item 2.A. within 120 days after the SEC form of organization or state of Investment Company Act of 1940 and the declares your registration effective. You may incorporation), a new organization has been investment company is operational (i.e., has not check box 8 on your amendment; since created, which has registration obligations assets and shareholders, other than just the this exemption is available only if you are under the Advisers Act. There are different organizing shareholders). See section not registered, you may not ‘‘re-rely’’ on this ways to fulfill these obligations. You may 203A(a)(1)(B) of the Advisers Act. Advising exemption. If you indicate on that rely on the registration provisions discussed investors about the merits of investing in amendment (by checking box 11) that you are in the General Instructions, or you may be mutual funds or recommending particular not eligible to register with the SEC, you also able to rely on special registration provisions mutual funds does not make you eligible to must at that same time file a Form ADV–W for ‘‘successors’’ to SEC-registered advisers, check this box. to withdraw your SEC registration. which may ease the transition to the c. Item 2.A(5): Nationally Recognized g. Item 2.A(9): Multi-State Adviser. You successor adviser’s registration. Statistical Rating Organization. You may may check box 9 only if you are eligible for To determine if you may rely on these check box 5 only if you are designated as a the multi-state adviser exemption from the provisions, review ‘‘Registration of nationally recognized statistical rating prohibition on SEC registration. See SEC rule Successors to Broker-Dealers and Investment organization pursuant to an application filed 203A–2(e). You are eligible for this Advisers,’’ Investment Advisers Act Release under paragraph (c)(13)(i) of SEC rule 15c3– exemption if you are required to register as No. 1357 (Dec. 28, 1992). If you have taken 1 under the Securities Exchange Act of 1934. an investment adviser with the securities over an adviser, follow Part 1A Instruction See SEC rule 203A–2(a). This designation authorities of 30 or more states. If you check 4.a(1), Succession by Application. If you generally is limited to rating agencies, such box 9, you must complete Section 2.A(9) of have changed your structure or legal status, as Moody’s and Standard & Poor’s. Schedule D. You must complete Section follow Part 1A Instruction 4.a(2), Succession d. Item 2.A(6): Pension Consultant. You 2.A(9) of Schedule D in each annual by Amendment. If either (1) you are a may check box 6 only if you are eligible for updating amendment you submit. ‘‘separately identifiable department or the pension consultant exemption from the If you check box 9, you also must: division’’ (SID) of a bank that is currently prohibition on SEC registration. • create and maintain a list of the states in registered as an investment adviser, and you • You are eligible for this exemption if you which, but for this exemption, you would be are taking over your bank’s advisory provided investment advice to employee required to register; business; or (2) you are a SID currently benefit plans, governmental plans, or church • update this list each time you submit an registered as an investment adviser, and your plans with respect to assets having an annual updating amendment in which you bank is taking over your advisory business, aggregate value of $50 million or more during continue to represent that you are eligible for then follow Part 1A Instruction 4.a(1), the 12-month period that ended within 90 this exemption; and Succession by Application. days of filing this Form ADV. You are not • maintain the list in an easily accessible (1) Succession by Application. If you are eligible for this exemption if you only advise place for a period of not less than five years not registered with the SEC as an adviser, plan participants on allocating their from each date on which you indicate that and you are acquiring or assuming investments within their pension plans. See you are eligible for the exemption. substantially all of the assets and liabilities SEC rule 203A–2(b). If, at the time you file your annual of the advisory business of an SEC-registered • To calculate the value of assets for updating amendment, you are required to adviser, file a new application for registration purposes of this exemption, aggregate the register in less than 25 states and you are not on Form ADV. You will receive new assets of the plans for which you provided otherwise eligible to register with the SEC, registration numbers. You must file the new VerDate 11 VerDate 11 VerDate 11 VerDate 11 VerDate 11 VerDate 11 VerDate 11 VerDate 11 VerDate 11 VerDate 11 VerDate 11 VerDate 11 VerDate 11 VerDate 11 VerDate 11 VerDate 11 VerDate 11 VerDate 11 VerDate 11 VerDate 11 VerDate 11 VerDate 11 VerDate 11 VerDate 11 VerDate 11 VerDate 11 VerDate 11 VerDate 11 VerDate 11 VerDate 11 VerDate 11 VerDate 11 VerDate 11 VerDate 11 VerDate 11 VerDate 11 VerDate 11 VerDate 11 VerDate 11 VerDate 11 VerDate 11 VerDate 11 VerDate 11 VerDate 11 VerDate 11 VerDate 11 VerDate 11 VerDate 11 VerDate 11 VerDate 11 VerDate 11 VerDate 11 VerDate 11 VerDate 11 VerDate 11 VerDate 11 VerDate 11 BILLING CODE 8010±01±C VerDate 11 Form ADV (Paper Version); Uniform Form ADV (Paper Version); Uniform inspection as required by law. Finally, I Application for Investment Adviser Application for Investment Adviser authorize any person having custody or Registration Registration possession of these books and records to Domestic Investment Adviser Execution Page State-Registered Investment Adviser make them available to federal and state regulatory representatives. You must complete the following Execution Page Signature: Execution Page to Form ADV. This execution You must complete the following lllllllllllllllllllll page must be signed and attached to your Execution Page to Form ADV. This execution Printed Name: initial application for SEC registration and all page must be signed and attached to your lllllllllllllllllllll amendments to registration. initial application for state registration and all amendments to registration. Adviser CRD Number: Appointment of Agent for Service of Process lllllllllllllllllllll By signing this Form ADV Execution Page, 1. Appointment of Agent for Service of Date: you, the undersigned adviser, irrevocably Process lllllllllllllllllllll appoint the Secretary of State or other legally By signing this form ADV Execution Page, Title: designated officer, of the state in which you you, the undersigned adviser, irrevocably lllllllllllllllllllll are submitting a notice filing, as your agents appoint the legally designated officers and to receive service, and agree that such their successors, of the state in which you Form ADV (Paper Version); Uniform persons may accept service on your behalf, maintain your principal office and place of Application for Investment Adviser of any notice, subpoena, summons, order business and any other state in which you are Registration instituting proceedings, demand for applying for registration or amending your NON-RESIDENT INVESTMENT ADVISER arbitration, or other process or papers, and registration, as your agents to receive service, EXECUTION PAGE 1 you further agree that such service may be and agree that such persons may accept made by registered or certified mail, in any service on your behalf, of any notice, You must complete the following federal or state action, administrative subpoena, summons, order instituting Execution Page to Form ADV. This execution proceeding or arbitration brought against you proceedings, demand for arbitration, or other page must be signed and attached to your in any place subject to the jurisdiction of the process or papers, and you further agree that initial application for SEC registration and all United States, if the action, proceeding or such service may be made by registered or amendments to registration. arbitration (a) arises out of any activity in certified mail, in any federal or state action, 1. Appointment of Agent for Service of connection with your investment advisory administrative proceeding or arbitration Process business that is subject to the jurisdiction of brought against you in any place subject to By signing this Form ADV Execution Page, the United States, and (b) is founded, directly the jurisdiction of the United States, if the or indirectly, upon the provisions of: (i) the action, proceeding or arbitration (a) arises out you, the undersigned adviser, irrevocably Securities Act of 1933, the Securities of any activity in connection with your appoint each of the Secretary of the SEC, and Exchange Act of 1934, the Trust Indenture investment advisory business that is subject the Secretary of State or other legally Act of 1939, the Investment Company Act of to the jurisdiction of the United States, and designated officer, of any other state in which 1940, or the Investment Advisers Act of 1940, (b) is founded, directly or indirectly, upon you are submitting a notice filing, as your or any rule or regulation under any of these the provisions of: (i) The Securities Act of agents to receive service, and agree that such acts, or (ii) the laws of the state in which you 1933, the Securities Exchange Act of 1934, persons may accept service on your behalf, maintain your principal office and place of the Trust Indenture Act of 1939, the of any notice, subpoena, summons, order business or of any state in which you Investment Company Act of 1940, or the instituting proceedings, demand for maintain your principal office and place of Investment Advisers Act of 1940, or any rule arbitration, or other process or papers, and business and any other state in which you are or regulation under any of these acts, or (ii) you further agree that such service may be submitting a notice filing. the laws of the state in which you maintain made by registered or certified mail, in any Signature your principal office and place of business or federal or state action, administrative I, the undersigned, sign this Form ADV on of any state in which you are applying for proceeding or arbitration brought against you behalf of, and with the authority of, the registration, or amending your registration. in any place subject to the jurisdiction of the investment adviser. The investment adviser 2. State-Registered Investment Adviser United States, if the action, proceeding or and I both certify, under penalty of perjury Affidavit arbitration (a) arises out of any activity in connection with your investment advisory under the laws of the United States of If you are subject to state regulation, by business that is subject to the jurisdiction of America, that the information and statements signing this Form ADV, you represent that, the United States, and (b) is founded, directly made in this ADV, including exhibits and you are in compliance with the registration any other information submitted, are true and requirements of the state in which you or indirectly, upon the provisions of: (i) The correct, and that I am signing this Form ADV maintain your principal place of business Securities Act of 1933, the Securities Execution Page as a free and voluntary act. and are in compliance with the bonding, Exchange Act of 1934, the Trust Indenture I certify that investment adviser will, capital, and recordkeeping requirements of Act of 1939, the Investment Company Act of within five days of a state’s request, provide that state. 1940, or the Investment Advisers Act of 1940, to that state a copy of the investment or any rule or regulation under any of these Signature adviser’s Form ADV Part II. acts, or (ii) the laws of any state in which you I certify that the adviser’s books and I, the undersigned, sign this Form ADV on are submitting a notice filing. records will be preserved and available for behalf of, and with the authority of, the 2. Appointment and Consent: Effect on inspection as required by law. Finally, I investment adviser. The investment adviser Partnerships authorize any person having custody or and I both certify, under penalty of perjury possession of these books and records to under the laws of the United States of If you are organized as a partnership, this make them available to federal and state America, that the information and statements irrevocable power of attorney and consent to regulatory representatives. made in this ADV, including exhibits and service of process will continue in effect if Signature: llllllllllllllll any other information submitted, are true and any partner withdraws from or is admitted to Printed Name: llllllllllllll correct, and that I am signing this Form ADV the partnership, provided that the admission Adviser CRD Number: llllllllll Execution Page as a free and voluntary act. or withdrawal does not create a new Date: llllllllllllllllll I certify that the adviser’s books and partnership. If the partnership dissolves, this Title: llllllllllllllllll records will be preserved and available for irrevocable power of VerDate 11 VerDate 11 b. After I withdraw from registration, only Copies of the Form ADV–W you file with SEC’s COLLECTION OF INFORMATION. one person will have custody of my books the SEC must be executed by a person you An agency may not conduct or sponsor, and and records, but they will be kept at three have authorized to file the Form. If you are a person is not required to respond to, a locations (Locations X, Y and Z). How should a sole proprietor, you must sign the Form; if collection of information unless it displays a I complete the Schedule W1? you are a partnership, a general partner must currently valid control number. Section You would complete three Schedules W1. sign the Form in the name of the partnership; 203(h) of the Advisers Act authorizes the The first would list the person that will have if you are an unincorporated organization or Commission to collect the information on custody of your books and records, and association that is not a partnership, the this Form from applicants. See 15 U.S.C. Location X. The second Schedule W1 would managing agent (an authorized person who §§ 80b–3(h). Filing of this Form is mandatory list (again) the person that has or will have directs or manages or who participates in the for an investment adviser to withdraw from custody of your books and records, and directing or managing of its affairs) must sign registration. The principal purpose of this Location Y. The third Schedule W1 would the Form in the name of the organization or collection of information is to enable the association; if you are a corporation, a list (again) the person that has or will have Commission to verify that the activities of an principal officer duly authorized must sign custody of your books and records, and investment adviser seeking to withdraw from the Form in the name of the corporation. If Location Z. registration do not require the investment an officer of any entity is signing the Form, c. After I withdraw from registration, two adviser to be registered and to determine the officer’s title must be given. whether terms and conditions should be people (Persons A and B) will have custody 9. What if I need more space to provide imposed upon a registrant’s withdrawal. The of my books and records, and my books and additional information? records will be kept at two locations If you are electronically, add any Commission will maintain files of the (Locations Y and Z). Each person would have additional information in the text box asking information on Form ADV–W, and will make custody of the books and records that are you to ‘‘describe the books and records kept the information publicly available. Any kept at both locations. how should I complete at this location.’’ If you are filing on paper, member of the public may direct to the the Schedule W1? use the reverse side of Schedule W1 to Commission any comments concerning the You would complete four Schedule W1. provide any additional information. accuracy of the burden estimate on page one The first would list Person A and Location 10. What if I do not follow these of Form ADV–W, and any suggestions for Y. The second Schedule W1 would list instructions when completing the Form reducing this burden. This collection of (again) Person A, and would list location Z. ADV–W? information has been reviewed by the Office The third Schedule W1 would list Person B If you do not prepare and execute the Form of Management and Budget in accordance and Location Y, and fourth Schedule W1 ADV–W as required by these instructions, with the clearance requirements of 44 U.S.C. would list Person B and Location Z. On each SEC staff may return the form to you for § 3507. The applicable Privacy Act system of Schedule W1, you should briefly describe the correction. The SEC’s acceptance of the records is SEC–2, and the routine uses of the records that are kept at each location (e.g., Form, however, is not a finding that you have records are set forth at 40 Federal Register business and trading records from 1996 filed the Form ADV–W as required or that the 39255 (Aug. 27, 1975) and 41 FR 5318 (Feb. through 1999). information submitted is true, correct or 5, 1976). 8. Who should sign the Form ADV–W complete. BILLING CODE 8010±01±U VerDate 11 VerDate 11 VerDate 11 VerDate 11 VerDate 11 VerDate 11 VerDate 11 VerDate 11 VerDate 11 VerDate 11 [FR Doc. 00–23888 Filed 9–21–00; 8:45 am] BILLING CODE 8010±01±U VerDate 11 Part III Department of Housing and Urban Development Statutorily Mandated Designation of Difficult Development Areas for Section 42 of the Internal Revenue Code of 1986; Notice VerDate 11 DEPARTMENT OF HOUSING AND Census tracts published on June 25, either 20 percent of units must be rent- URBAN DEVELOPMENT 1998 (63 FR 34748), December 9, 1998 restricted and occupied by tenants with (63 FR 68115) and September 15, 1999 incomes no higher than 50 percent of [Docket No. FR±4401±N±04] (64 FR 50233) are not affected by this the Area Median Gross Income Statutorily Mandated Designation of notice. (‘‘AMGI’’), or 40 percent of units must be rent restricted and occupied by Difficult Development Areas for Background tenants with incomes no higher than 60 Section 42 of the Internal Revenue The U.S. Treasury Department and Code of 1986 percent of AMGI. The term ‘‘rent- the Internal Revenue Service (‘‘IRS’’) restricted’’ means that gross rent, AGENCY: Office of the Secretary, HUD. thereof are authorized to interpret and including an allowance for utilities, enforce the provisions of the Internal ACTION: Notice. cannot exceed 30 percent of the tenant’s Revenue Code of 1986 (the ‘‘Code’’), imputed income limitation (i.e., 50 SUMMARY: This document designates including the Low-Income Housing Tax percent or 60 percent of AMGI). The ‘‘Difficult Development Areas’’ for Credit (’’LIHTC’’) found at section 42 of rent and occupancy thresholds remain purposes of the Low-Income Housing the Code (26 U.S.C. 42) as amended. in effect for at least 15 years, and Tax Credit (‘‘LIHTC’’) under section 42 The Secretary of HUD is required to building owners are required to enter of the Internal Revenue Code of 1986 designate Difficult Development Areas into agreements to maintain the low (‘‘the Code’’). The United States by section 42(d)(5)(C) of the Code. income character of the building for at Department of Housing and Urban In order to assist in understanding least an additional 15 years. Development (‘‘HUD’’) makes new HUD’s mandated designation of The LIHTC reduces income tax Difficult Development Area Difficult Development Areas for use in liability dollar for dollar. It is taken designations annually. administering section 42 of the Code, a annually for a term of ten years and is summary of section 42 is provided. The FOR FURTHER INFORMATION CONTACT: intended to yield a present value of For following summary does not purport to questions on how areas are designated either (1) 70 percent of the ‘‘qualified bind the Treasury or the IRS in any way, basis’’ for new construction or and on geographic definitions: Steven nor does it purport to bind HUD, as Ehrlich, Economist, Division of substantial rehabilitation expenditures HUD has no authority to interpret or that are not federally subsidized (i.e., Economic Development and Public administer the Code, except in those Finance, Office of Policy Development financed with tax-exempt bonds or instances where it has a specific below-market federal loans), or (2) 30 and Research, Department of Housing delegation. percent of the qualified basis for the cost and Urban Development, 451 Seventh of acquiring certain existing projects or Street, S.W., Washington, D.C. 20410, Summary of Low Income Housing Tax projects that are federally subsidized. telephone (202) 708–0426, e-mail Credit The actual credit rates are adjusted [email protected]. For The LIHTC is a tax incentive intended monthly for projects placed in service specific legal questions pertaining to to increase the availability of low- after 1987 under procedures specified in section 42 and this notice: Harold J. income housing. Section 42 provides an section 42. Individuals can use the Gross, Senior Tax Attorney, Office of the income tax credit to owners of newly credit up to a deduction equivalent of General Counsel, Department of constructed or substantially $25,000. This equals $9,900 at the 39.6 Housing and Urban Development, 451 rehabilitated low-income rental housing percent maximum marginal tax rate. Seventh Street, S.W., Washington, D.C. projects. The dollar amount of the Individuals cannot use the credit against 20410, telephone (202) 708–3260, e-mail LIHTC available for allocation by each _ the alternative minimum tax. JERRY [email protected]. A text state (the ‘‘credit ceiling’’) is limited by Corporations, other than S or personal telephone is available for persons with population. Each state is allocated credit service corporations, can use the credit hearing or speech impairments at (202) based on $1.25 per resident. States may against ordinary income tax. They 708–9300. (These are not toll-free carry forward unused or returned credit cannot use the credit against the telephone numbers.) Additional copies derived from the credit ceiling for one alternative minimum tax. These of this notice are available through HUD year; if not used by then, credit goes corporations can also deduct the losses User at (800) 245–2691 for a small fee into a national pool to be allocated to from the project. to cover duplication and mailing costs. states as additional credit. State and The qualified basis represents the Copies Available Electronically: This local housing agencies allocate the product of the ‘‘applicable fraction’’ of notice and additional information about state’s credit ceiling among low-income the building and the ‘‘eligible basis’’ of Difficult Development Areas and housing buildings whose owners have the building. The applicable fraction is Qualified Census Tracts are available applied for the credit. Besides Section based on the number of low income electronically on the Internet (World 42 credits derived from the credit units in the building as a percentage of Wide Web) at http://www.huduser.org/ ceiling, States may also provide Section the total number of units, or based on datasets/qct.html. 42 credits to owners of buildings based the floor space of low income units as SUPPLEMENTARY INFORMATION: upon the percentage of certain building a percentage of the total floor space of costs financed by tax-exempt bond residential units in the building. The This Document proceeds. Credits provided under the eligible basis is the adjusted basis The designations of Difficult tax-exempt bond ‘‘volume cap’’ do not attributable to acquisition, Development Areas in this notice are reduce the credit available from the rehabilitation, or new construction costs based on fiscal year (‘‘FY’’) 2000 Fair credit ceiling. (depending on the type of LIHTC Market Rents (‘‘FMRs’’), FY 2000 The credit allocated to a building is involved). These costs include amounts income limits and 1990 census based on the cost of units placed in chargeable to capital account incurred population counts as explained below. service as low-income units under prior to the end of the first taxable year The corrected designations of Qualified certain minimum occupancy and in which the qualified low income Census Tracts published on May 1, 1995 maximum rent criteria. In general, a building is placed in service or, at the (60 FR 21246), as amended by the building must meet one of two election of the taxpayer, the end of the supplemental designations of Qualified thresholds to be eligible for the LIHTC: succeeding taxable year. In the case of VerDate 11 VerDate 11 VerDate 11 VerDate 11 VerDate 11 VerDate 11 VerDate 11 VerDate 11 VerDate 11 [FR Doc. 00–24286 Filed 9–21–00; 8:45 am] BILLING CODE 4210±62±C VerDate 11 Reader Aids Federal Register Vol. 65, No. 185 Friday, September 22, 2000 CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING SEPTEMBER Federal Register/Code of Federal Regulations At the end of each month, the Office of the Federal Register General Information, indexes and other finding 202±523±5227 publishes separately a List of CFR Sections Affected (LSA), which aids lists parts and sections affected by documents published since the revision date of each title. Laws 523±5227 3 CFR 245...... 53889 Presidential Documents Administrative Orders: 9 CFR Executive orders and proclamations 523±5227 Memorandums: 94...... 56774 September 11, 2000...... 56209 The United States Government Manual 523±5227 98...... 56775 Presidential Determinations: 318...... 53531 Presidential Other Services 381...... 53531 Determination No. Proposed Rules: Electronic and on-line services (voice) 523±4534 99±36 of September 71...... 57106 Privacy Act Compilation 523±3187 10, 1999 75...... 56807 Public Laws Update Service (numbers, dates, etc.) 523±6641 (see Presidential 85...... 57106 TTY for the deaf-and-hard-of-hearing 523±5229 Determination No. 206...... 53653 2000±29 of 317...... 56262 September 12, 2000) ELECTRONIC RESEARCH 381...... 56262 No. 00±29 of 390...... 56503 World Wide Web September 12, 2000 ...... 55883 10 CFR Full text of the daily Federal Register, CFR and other Proclamations: publications: 1...... 54948 7336...... 53887 2...... 54948 http://www.access.gpo.gov/nara 7337...... 54397 19...... 54948 Federal Register information and research tools, including Public 7338...... 56457 30...... 54948 Inspection List, indexes, and links to GPO Access: 7339...... 56459 40...... 54948 7340...... 56761 50...... 54948 http://www.nara.gov/fedreg 7341...... 56767 51...... 54948 E-mail 7342...... 56769 70...... 54948, 56211 7343...... 56771 72...... 53533 PENS (Public Law Electronic Notification Service) is an E-mail Executive Orders: 430...... 56740 service for notification of recently enacted Public Laws. To 5327 (Revoked in part subscribe, send E-mail to by PLO 7461)...... 54297 12 CFR [email protected] 13147 (Amended by 612...... 54742 with the text message: EO 13167)...... 57079 614...... 54742 13167...... 57079 702...... 55439 subscribe PUBLAWS-L your name 709...... 55439 Use [email protected] only to subscribe or unsubscribe to 5 CFR 747...... 57277 PENS. We cannot respond to specific inquiries. 532...... 55431 1710...... 55169 2635...... 55076 Reference questions. Send questions and comments about the Proposed Rules: Federal Register system to: Proposed Rules: 32...... 57292 2635...... 53650 741...... 55464 [email protected] 2640...... 53942 The Federal Register staff cannot interpret specific documents or 13 CFR 7 CFR regulations. 121...... 53533 246...... 53523 301 ...... 53528, 54139, 54741, 14 CFR FEDERAL REGISTER PAGES AND DATE, SEPTEMBER 54943, 55431 23...... 55848, 56779 53157±53522...... 1 457...... 56773 25...... 55443, 55848 53523±53888...... 5 905...... 55885 33...... 55848 920...... 54945 53889±54138...... 6 39 ...... 53157, 53158, 53161, 927...... 53531 53897, 54140, 54143, 54145, 54139±54396...... 7 929...... 55436 54403, 54407, 54409, 54743, 54397±54740...... 8 944...... 54945 55175, 55449, 55450, 55452, 54741±54942...... 11 1735...... 54399 55453, 55457, 55891, 56231, 54943±55168...... 12 Proposed Rules: 56233, 56236, 56780, 56783, 55169±55430...... 13 226...... 55102 56785, 57280, 57282 55431±55884...... 14 319...... 56803 71 ...... 53558, 54950, 54952, 55885±56208...... 15 932...... 54818 54953, 55076, 56239, 56240, 56209±56456...... 18 983...... 53652 56466, 56468, 56788, 57081, 56457±56772...... 19 1218...... 57104 57285 56773±57080...... 20 1940...... 55784 95...... 54744 57081±57276...... 21 1945...... 54973 97 ...... 55458, 57081, 57087 121...... 56192 57277±57536...... 22 8 CFR 125...... 56192 204...... 53889 135...... 56192 214...... 56463 145...... 56192 VerDate 11-MAY-2000 19:38 Sep 21, 2000 Jkt 190000 PO 00000 Frm 00001 Fmt 4712 Sfmt 4712 E:\FR\FM\22SECU.LOC pfrm11 PsN: 22SECU ii Federal Register / Vol. 65, No. 185 / Friday, September 22, 2000 / Reader Aids 400...... 56618 171...... 53565 4044...... 55894 19...... 55461 401...... 56618 172...... 53565 Proposed Rules: 21...... 55192 404...... 56618 178...... 56788 5...... 57270 405...... 56618 39 CFR 406...... 56618 20 CFR 30 CFR 20...... 55462, 56242 413...... 56618 404...... 54747 218...... 55187 Proposed Rules: 415...... 56618 416...... 54747 917...... 53909 111...... 53212, 56511 431...... 56618 655...... 57092 931...... 54791 40 CFR 433...... 56618 Proposed Rules: 435...... 56618 21 CFR 218...... 55476 9...... 55810 450...... 56670 7...... 56468 256...... 55476 51...... 56245 Proposed Rules: 10...... 56468 260...... 55476 52 ...... 53172, 53180, 53181, 23...... 56809 14...... 56468 943...... 54982 53595, 53599, 53602, 54413, 25...... 56992 19...... 56468 55193, 55196, 55201, 55910, 31 CFR 39 ...... 53199, 53201, 53203, 25...... 56468 56251, 56486, 56794, 56797 53205, 53206, 54182, 54184, 101...... 54686, 56468 1...... 56792 60...... 56798 54445, 54820, 54823, 54981, 107...... 56468 202...... 55427 62...... 53605 55466, 55468, 55470, 56264, 110...... 56468 203...... 55428 63 ...... 54419, 55810, 56798 56266, 56268, 56270, 56273, 114...... 56468 225...... 55429 80...... 53185, 54423 56275, 56276, 56506, 56507, 170...... 56468 344...... 55400 180 ...... 55911, 55921, 56253 260...... 56798 56509, 56811, 56814, 56817, 203...... 56480 380...... 55426 261...... 54955, 56798 56819, 57113, 57296, 57298 205...... 56480 32 CFR 264...... 56798 71 ...... 54824, 54825, 57116, 310...... 56468 265...... 567980 57300 312...... 56468 311...... 53168 266...... 56798 91...... 56992 701...... 53171 314...... 56468 270...... 56798 121...... 56992 316...... 56468 736...... 53589 762...... 53171 271...... 56798, 57287 125...... 56992 500...... 56468 300...... 56258 135...... 56992 510...... 54147, 55460 765...... 53171 Proposed Rules: 514...... 56468 770...... 53591 15 CFR Proposed Rules: 50...... 54828 520...... 53581 51...... 56844 738...... 55177 573...... 53167 326...... 53902 651...... 54348 52 ...... 53214, 53680, 53962, 742...... 55177 558 ...... 53581, 53582, 53583, 54820, 55205, 56278, 56284, 746...... 55177 54147, 54410, 54411, 55883 33 CFR 56856, 57127 774...... 55177 601...... 56468 62...... 53680 960...... 56241 803...... 56468 100...... 54150, 56484 117 ...... 54795, 54954, 56484, 63 ...... 55332, 55489, 55491 Proposed Rules: 814...... 56468 56793 80...... 53215, 54447 801...... 57117, 57119 860...... 56468 162...... 53593 81...... 54828 806...... 57121, 57123 Proposed Rules: 165 ...... 54152, 54153, 54795, 85...... 56844 101...... 56835 54797, 56484 141...... 55362 16 CFR 201...... 56511 167...... 53911 146...... 53218 868...... 57301 305...... 53163, 53165 401...... 56488 148...... 55684 1000...... 53167 896...... 57303 152...... 55929 Proposed Rules: 174...... 55929 Proposed Rules: 26...... 56843 22 CFR 260...... 56287 313...... 54186 161...... 56843 22...... 54148 261...... 55684, 56287 436...... 53946 165...... 56843 40...... 54412 268...... 55684, 56287 17 CFR 42...... 54412 34 CFR 271 ...... 55684, 56287, 56288, 57307 146...... 53559 203...... 54790 3...... 57286 300...... 54190, 56288 200...... 55180, 57438 19...... 57286 24 CFR 302...... 55684 240...... 53560 Proposed Rules: 5...... 55134 372...... 53681 275...... 57438 303...... 53808 279...... 57438 401...... 53899 41 CFR Proposed Rules: 903...... 55134 36 CFR 101-16...... 54965 30...... 53946 982...... 55134 51...... 54155 102-5...... 54965 210...... 54189 25 CFR 242...... 55190 Ch. 301 ...... 53470 240...... 54189 1010...... 55896 Proposed Rules: Proposed Rules: 42 CFR 18 CFR 103...... 53948 7...... 53208 36...... 53914 292...... 55471 385...... 57088 293...... 54190 36a...... 53914 Proposed Rules: 26 CFR 800...... 55928 447...... 55076 1304...... 56821 457...... 55076 1 ...... 53584, 53901, 57092 37 CFR Proposed Rules: 19 CFR 25...... 53587 Ch. 1 ...... 56791 52h...... 57132 602 ...... 53584, 56484, 57092 4...... 56788 1 ...... 54604, 56366, 56791, 405...... 53963 10...... 53565 Proposed Rules: 57024 410...... 55078 12...... 53565 1...... 56835 3...... 54604 414...... 55078 18...... 53565 5...... 54604, 57024 24...... 53565, 56790 28 CFR 10...... 54604 43 CFR 111...... 53565 Proposed Rules: Proposed Rules: Proposed Rules: 113...... 53565 16...... 53679 201...... 54984 3600...... 55864 114...... 53565 545...... 56840 256...... 54984 3610...... 55864 125...... 53565 550...... 56840, 57126 401...... 54826 3620...... 55864 134...... 53565 145...... 53565 29 CFR 38 CFR 44 CFR 162...... 53565 4022...... 55894 8...... 54798 Ch. I ...... 53914 VerDate 11-MAY-2000 19:38 Sep 21, 2000 Jkt 190000 PO 00000 Frm 00002 Fmt 4712 Sfmt 4712 E:\FR\FM\22SECU.LOC pfrm11 PsN: 22SECU Federal Register / Vol. 65, No. 185 / Friday, September 22, 2000 / Reader Aids iii 65...... 53915 53640, 54176, 54804, 54805, Proposed Rules: 50 CFR 55924, 55925, 55926, 56799, 2...... 54940 67...... 53917 17...... 54177, 57242 295...... 53914 56800 13...... 54936 20 ...... 53190, 53492, 53936 Proposed Rules: 74...... 53610, 54155 22...... 54104 25...... 56396 67...... 53964 76...... 53610 25...... 54936 78...... 54155 31...... 54940 32...... 56396 45 CFR 79 ...... 54176, 54805, 56801 32...... 56454 100...... 55190 35...... 54940 2543...... 53608 90...... 53641 300...... 54969 95...... 53190 52 ...... 54104, 54936, 56454 600...... 53646 46 CFR 100...... 53610 204...... 54985 622 ...... 55203, 56500, 56801 101...... 54155 213...... 56858 Proposed Rules: 635...... 54970 Proposed Rules: 442...... 54986 401...... 55206 1811...... 56859 648 ...... 53648, 53940, 55926 20...... 56752, 56757 660 ...... 53646, 53648, 54178, 47 CFR 27...... 57266 49 CFR 54817, 56801 73 ...... 53690, 53973, 53974, Ch. I ...... 55923 192...... 54441 679 ...... 53197, 53198, 54179, 54192, 54832, 54833, 55930, 1 ...... 53610, 54799, 56261 195...... 54441 54180, 54971, 56502 56857, 56858 2...... 54155 593...... 56489 90...... 55931 Proposed Rules: 11...... 53610, 54155 594...... 56497 17 ...... 53222, 53691, 53974, 21...... 53610 Proposed Rules: 48 CFR 54472, 54892, 56530, 57136 24...... 53624 23...... 54454 600...... 54833 25...... 53610, 54155 209...... 54988 26...... 54454 622...... 54474, 57158 27...... 57267 1503...... 57101 385...... 56521 51...... 54433, 57291 1552...... 57101 386...... 56521 648...... 54987 52...... 53189 1828...... 54439 565...... 53219 660 ...... 53692, 54475, 55214, 64...... 54799 1845...... 54813 571...... 55212 55495, 57308 73 ...... 53610, 53638, 53639, 1852...... 54439, 54813 1244...... 54471 679...... 56860 VerDate 11-MAY-2000 19:38 Sep 21, 2000 Jkt 190000 PO 00000 Frm 00003 Fmt 4712 Sfmt 4712 E:\FR\FM\22SECU.LOC pfrm11 PsN: 22SECU iv Federal Register / Vol. 65, No. 185 / Friday, September 22, 2000 / Reader Aids REMINDERS Global Technical EDUCATION DEPARTMENT FEDERAL The items in this list were Regulations, 1998 Postsecondary education: COMMUNICATIONS editorially compiled as an aid agreement Federal Family Education COMMISSION to Federal Register users. implementation; agency Loan Program and Digital television stations; table Inclusion or exclusion from policy goals and public William D. Ford Federal of assignments: this list has no legal participation; policy Direct Loan Program; Maine; comments due by 9- significance. statement; published 8-23- comments due by 9-25- 25-00; published 8-7-00 00 00; published 8-10-00 Radio services, special: RULES GOING INTO Higher Education Act; Title Private land mobile COMMENTS DUE NEXT IV programs; application, EFFECT SEPTEMBER 22, servicesÐ WEEK reapplication, and 2000 certification processes; Public safety 700 MHz streamlining, etc.; band; comments due by COMMERCE DEPARTMENT AGRICULTURE 9-25-00; published 8-25- DEPARTMENT comments due by 9-25- National Oceanic and 00; published 8-10-00 00 Agricultural Marketing Radio stations; table of Atmospheric Administration ENVIRONMENTAL Service assignments: Fishery conservation and PROTECTION AGENCY management: Oranges, grapefruit, Vermont; comments due by tangerines, and tangelos Air pollutants, hazardous; Caribbean, Gulf, and South national emission standards: 9-25-00; published 8-24- grown inÐ 00 Atlantic fisheriesÐ Polymers and resinsÐ South Atlantic snapper- Florida; comments due by Television broadcasting: Compliance date (Group grouper; published 8-23- 9-25-00; published 9-15- IV); indefinite stay; Cable television systemsÐ 00 00 comments due by 9-28- Multichannel video and COMMERCE DEPARTMENT EDUCATION DEPARTMENT 00; published 8-29-00 cable television service; Official seal and national National Oceanic and Compliance date (Group 1998 biennial review; security information Atmospheric Administration IV); indefinite stay; comments due by 9-26- procedures; published 9-22- Land Remote Sensing Policy comments due by 9-28- 00; published 9-5-00 00 Act of 1992: 00; published 8-29-00 GENERAL SERVICES ENVIRONMENTAL Private land remote-sensing Air quality implementation ADMINISTRATION PROTECTION AGENCY space systems; licensing plans; approval and Federal Acquisition Regulation Air programs: requirements; comments promulgation; various (FAR): Ambient air quality due by 9-29-00; published States: Civilian Agency Acquisition standards, nationalÐ 7-31-00 California; comments due by Council and Defense Astaris-Idaho LLC Marine mammals: 9-28-00; published 8-29- Acquisition Regulations elemental phosphorus Incidental takingÐ 00 Council; definitions for facility, ID; Fort Hall North Pacific Acoustic Indiana; comments due by classified acquisitions; PM-10 nonattainment Laboratory; low 9-28-00; published 8-29- comments due by 9-26- area; published 8-23-00 frequency sound source 00 00; published 7-28-00 FEDERAL operation; comments Air quality implementation Final contract voucher COMMUNICATIONS due by 9-25-00; plans; √A√approval and submission; comments COMMISSION published 8-24-00 promulgation; various due by 9-25-00; published Freedom of Information Act; COMMODITY FUTURES States; air quality planning 7-27-00 implementation: TRADING COMMISSION purposes; designation of North American Industry Fee schedule; published 8- Commodity Exchange Act: areas: Classification System; 23-00 Futures commission Michigan; comments due by comments due by 9-25- INTERIOR DEPARTMENT merchants and introducing 9-29-00; published 8-30- 00; published 7-26-00 00 Land Management Bureau brokers; minimum financial HEALTH AND HUMAN General management: requirements Superfund program: SERVICES DEPARTMENT Public administrative Capital charge on National oil and hazardous Food and Drug proceduresÐ unsecured receivables substances contingency Administration Local governments; planÐ due from foreign Biological products: financial assistance; brokers; comments due National priorities list Payments in Lieu of by 9-27-00; published update; comments due In vivo radiopharmaceuticals Taxes for entitlement 8-28-00 by 9-25-00; published used for diagnosis and lands; published 8-23- monitoringÐ DEFENSE DEPARTMENT 7-27-00 00 Medical imaging drugs Federal Acquisition Regulation National priorities list TRANSPORTATION and biologics, (FAR): update; comments due DEPARTMENT by 9-28-00; published development; evaluation Civilian Agency Acquisition Federal Aviation 8-28-00 and approval; industry Council and Defense guidance; comments Administration National priorities list Acquisition Regulations due by 9-29-00; Airworthiness directives: update; comments due Council; definitions for published 7-31-00 Allison Engine Co.; classified acquisitions; by 9-28-00; published INTERIOR DEPARTMENT published 9-7-00 comments due by 9-26- 8-28-00 Fairchild; published 9-1-00 00; published 7-28-00 FARM CREDIT Fish and Wildlife Service Raytheon; published 9-7-00 Final contract voucher ADMINISTRATION Endangered and threatened Rolls-Royce plc; published submission; comments Farm credit system: species: 9-7-00 due by 9-25-00; published Loan policies and Critical habitat TRANSPORTATION 7-27-00 operationsÐ designationsÐ DEPARTMENT North American Industry Loan purchases and Spectacled eider and National Highway Traffic Classification System; sales; definitions; Steller's eider; Safety Administration comments due by 9-25- comments due by 9-25- comments due by 9-25- Rulemaking procedures: 00; published 7-26-00 00; published 7-26-00 00; published 8-24-00 VerDate 11-MAY-2000 19:38 Sep 21, 2000 Jkt 190000 PO 00000 Frm 00004 Fmt 4712 Sfmt 4711 E:\FR\FM\22SECU.LOC pfrm11 PsN: 22SECU Federal Register / Vol. 65, No. 185 / Friday, September 22, 2000 / Reader Aids v Southwestern Washington/ Priority Mail Global Class D and Class E session of Congress which Columbia River coastal Guaranteed; 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It cutthroat trout; take expedited service from 9-29-00; published 8-9-00 may be used in conjunction prohibitions clarification; selected U.S.locations to Class D and Class E with ``P L U S'' (Public Laws comments due by 9-29- selected European airspace; correction; Update Service) on 202±523± 00; published 9-6-00 countries and China; comments due by 9-29-00; 6641. This list is also INTERIOR DEPARTMENT amendment; comments published 8-21-00 available online at http:// due by 9-27-00; published www.nara.gov/fedreg. Hearings and Appeals Class D and Class E4 8-28-00 Office, Interior Department airspace; comments due by 9-28-00; published 8-29-00 Hearings and appeals SECURITIES AND The text of laws is not Class E airspace; comments procedures: EXCHANGE COMMISSION published in the Federal due by 9-29-00; published Register but may be ordered Surface coal mining; award Securities, etc.: 8-23-00 in ``slip law'' (individual of costs and expenses; Auditor independence TRANSPORTATION pamphlet) form from the petitions; comments due requirements; comments DEPARTMENT Superintendent of Documents, by 9-26-00; published 7- due by 9-25-00; published U.S. Government Printing 28-00 7-12-00 Federal Highway Administration Office, Washington, DC 20402 JUSTICE DEPARTMENT TRANSPORTATION (phone, 202±512±1808). The DEPARTMENT Transportation Equity Act for Drug Enforcement 21st Century; text will also be made Administration Coast Guard implementation: available on the Internet from Prescriptions: Drawbridge operations: Engineering services; State GPO Access at http:// Facsimile transmission for Connecticut; comments due transportation www.access.gpo.gov/nara/ patients enrolled in by 9-30-00; published 4- departments; index.html. Some laws may hospice programs; 27-00 administrative costs not yet be available. comments due by 9-25- Louisiana; comments due by eligibility; comments due 00; published 7-25-00 9-27-00; published 8-28- by 9-25-00; published 7- H.R. 4040/P.L. 106±265 NATIONAL AERONAUTICS 00 26-00 AND SPACE Massachusetts; comments TRANSPORTATION To amend title 5, United ADMINISTRATION due by 9-30-00; published DEPARTMENT States Code, to provide for the establishment of a Federal Acquisition Regulation 4-27-00 National Highway Traffic Safety Administration program under which long- (FAR): TRANSPORTATION term care insurance is made Civilian Agency Acquisition DEPARTMENT Motor vehicle safety standards: available to Federal Council and Defense Federal Aviation employees, members of the Acquisition Regulations Administration School bus safety; small business impacts; uniformed services, and Council; definitins for Air carrier certification and comments due by 9-29- civilian and military retirees, classified acquisitions; operations: 00; published 9-13-00 provide for the correction of comments due by 9-26- Airbus airplanes; digital flight retirement coverage errors TREASURY DEPARTMENT 00; published 7-28-00 data recorder under chapters 83 and 84 of Alcohol, Tobacco and Final contract voucher requirements; revisions; such title, and for other Firearms Bureau submission; comments comments due by 9-25- purposes. (Sept. 19, 2000; due by 9-25-00; published 00; published 8-24-00 Alcohol; viticultural area 114 Stat. 762) designations: 7-27-00 Airworthiness directives: Fair Play, El Dorado Last List August 23, 2000 North American Industry Aerospatiale; comments due Classification System; County, CA; comments by 9-28-00; published 8- due by 9-25-00; published comments due by 9-25- 29-00 00; published 7-26-00 7-25-00 Airbus; comments due by 9- TREASURY DEPARTMENT NUCLEAR REGULATORY 25-00; published 8-24-00 Public Laws Electronic COMMISSION Currency and foreign Boeing; comments due by transactions; financial Notification Service Radioactive material packaging 9-25-00; published 7-25- reporting and recordkeeping (PENS) and transportation: 00 requirements: International Atomic Energy British Aerospace; Bank Secrecy Act; Agency transportation comments due by 9-28- implementationÐ PENS is a free electronic mail safety standards 00; published 8-29-00 Currency transactions notification service of newly compatibility, etc.; reporting requirement; Dornier; comments due by enacted public laws. To comments due by 9-30- exemptions; comments 9-28-00; published 8-29- subscribe, go to www.gsa.gov/ 00; published 7-17-00 due by 9-26-00; 00 archives/publaws-l.html or Rulemaking petitions: published 7-28-00 Empresa Brasileira de send E-mail to Union of Concerned Aeronautica, S.A.; VETERANS AFFAIRS [email protected] with Scientists; comments due comments due by 9-28- DEPARTMENT the following text message: by 9-25-00; published 7- 00; published 8-29-00 Adjudication; pensions, 10-00 Empressa Brasileira de compensation, dependency, SUBSCRIBE PUBLAWS-L Spent nuclear fuel and high- Aeronautica S.A.; etc.: Your Name. level radoactive waste; comments due by 9-29- Signature by mark; independent storage; comments due by 9-25- 00; published 8-15-00 Note: This service is strictly licening requirements: 00; published 7-26-00 McDonnell Douglas; for E-mail notification of new FuelSolutions addition; comments due by 9-25- laws. The text of laws is not comments due by 9-25- 00; published 7-27-00 available through this service. 00; published 7-11-00 LIST OF PUBLIC LAWS Raytheon; comments due by PENS cannot respond to POSTAL SERVICE 9-25-00; published 8-10- This is a continuing list of specific inquiries sent to this International Mail Manual: 00 public bills from the current address. VerDate 11-MAY-2000 19:38 Sep 21, 2000 Jkt 190000 PO 00000 Frm 00005 Fmt 4712 Sfmt 4711 E:\FR\FM\22SECU.LOC pfrm11 PsN: 22SECU