2–22–00 Tuesday Vol. 65 No. 35 Feb. 22, 2000 Pages 8631–8840
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1 II Federal Register / Vol. 65, No. 35 / Tuesday, February 22, 2000
The FEDERAL REGISTER is published daily, Monday through SUBSCRIPTIONS AND COPIES Friday, except official holidays, by the Office of the Federal Register, National Archives and Records Administration, PUBLIC Washington, DC 20408, under the Federal Register Act (44 U.S.C. Subscriptions: Ch. 15) and the regulations of the Administrative Committee of Paper or fiche 202–512–1800 the Federal Register (1 CFR Ch. I). The Superintendent of Assistance with public subscriptions 512–1806 Documents, U.S. Government Printing Office, Washington, DC 20402 is the exclusive distributor of the official edition. General online information 202–512–1530; 1–888–293–6498 Single copies/back copies: The Federal Register provides a uniform system for making available to the public regulations and legal notices issued by Paper or fiche 512–1800 Federal agencies. These include Presidential proclamations and Assistance with public single copies 512–1803 Executive Orders, Federal agency documents having general FEDERAL AGENCIES applicability and legal effect, documents required to be published Subscriptions: by act of Congress, and other Federal agency documents of public interest. Paper or fiche 523–5243 Assistance with Federal agency subscriptions 523–5243 Documents are on file for public inspection in the Office of the Federal Register the day before they are published, unless the issuing agency requests earlier filing. For a list of documents currently on file for public inspection, see http://www.nara.gov/ fedreg. The seal of the National Archives and Records Administration authenticates the Federal Register as the official serial publication established under the Federal Register Act. Under 44 U.S.C. 1507, the contents of the Federal Register shall be judicially noticed. The Federal Register is published in paper and on 24x microfiche. It is also available online at no charge as one of the databases on GPO Access, a service of the U.S. Government Printing Office. The online edition of the Federal Register is issued under the authority of the Administrative Committee of the Federal Register as the official legal equivalent of the paper and microfiche editions (44 U.S.C. 4101 and 1 CFR 5.10). It is updated by 6 a.m. each day the Federal Register is published and it includes both text and graphics from Volume 59, Number 1 (January 2, 1994) forward. GPO Access users can choose to retrieve online Federal Register documents as TEXT (ASCII text, graphics omitted), PDF (Adobe Portable Document Format, including full text and all graphics), or SUMMARY (abbreviated text) files. Users should carefully check retrieved material to ensure that documents were properly downloaded. On the World Wide Web, connect to the Federal Register at http:/ /www.access.gpo.gov/nara. Those without World Wide Web access can also connect with a local WAIS client, by Telnet to swais.access.gpo.gov, or by dialing (202) 512-1661 with a computer and modem. When using Telnet or modem, type swais, then log in as guest with no password. For more information about GPO Access, contact the GPO Access User Support Team by E-mail at [email protected]; by fax at (202) 512–1262; or call (202) 512–1530 or 1–888–293–6498 (toll free) between 7 a.m. and 5 p.m. Eastern time, Monday–Friday, except Federal holidays. The annual subscription price for the Federal Register paper edition is $555, or $607 for a combined Federal Register, Federal Register Index and List of CFR Sections Affected (LSA) subscription; the microfiche edition of the Federal Register including the Federal Register Index and LSA is $220. Six month subscriptions are available for one-half the annual rate. The charge for individual copies in paper form is $8.00 for each issue, or $8.00 for each group of pages as actually bound; or $1.50 for each issue in microfiche form. All prices include regular domestic postage and handling. International customers please add 25% for foreign handling. Remit check or money order, made payable to the Superintendent of Documents, or charge to your GPO Deposit Account, VISA, MasterCard or Discover. Mail to: New Orders, Superintendent of Documents, P.O. Box 371954, Pittsburgh, PA 15250–7954. There are no restrictions on the republication of material appearing in the Federal Register. How To Cite This Publication: Use the volume number and the page number. Example: 65 FR 12345.
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2 III
Contents Federal Register Vol. 65, No. 35
Tuesday, February 22, 2000
Agriculture Department Council on Environmental Quality See Animal and Plant Health Inspection Service NOTICES See Forest Service Trade agreements; environmental review, 8756–8757 See Natural Resources Conservation Service NOTICES Defense Department Federal land and Resource Management: NOTICES Watershed approach; unified Federal policy, 8834–8839 Agency information collection activities: Submission for OMB review; comment request, 8684– Animal and Plant Health Inspection Service 8685 RULES Plant-related quarantine, domestic: Drug Enforcement Administration Melon fruit fly, 8633–8640 NOTICES Applications, hearings, determinations, etc.: B.I. Chemical, Inc., 8737–8738 Census Bureau Isotec, Inc., 8738 NOTICES Surveys, determinations, etc.: Education Department Pollution abatement costs and expenditures, 8681–8682 NOTICES Agency information collection activities: Centers for Disease Control and Prevention Submission for OMB review; comment request, 8685 NOTICES Grants and cooperative agreements; availability, etc.: Grants and cooperative agreements; availability, etc.: Elementary and secondary education— Injury Control Training and Demonstration Center, 8710– Reading excellence program, 8685–8688 8712 Meetings: Employment and Training Administration National Center for Environmental Health, 8712–8713 NOTICES National Institute for Occupational Safety and Health Adjustment assistance: Scientific Board, 8713 Alliedsignal, 8742 DMI Furniture, Inc., 8742 Coast Guard Marathon Aswhland Pipe Line LLC, 8743 PROPOSED RULES Smurfit-Stome Container Corp., 8743 Outer Continental Shelf activities: Western Moulding Co. et al., 8743–8744 Regulations revision NAFTA transitional adjustment assistance: Correction, 8671–8673 Victor Equipment Co., et al., 8745–8746 Unemployment compensation for ex-servicemembers: Commerce Department Renumeration schedules, 8746–8747 See Census Bureau Applications, hearings, determinations, etc.: See National Oceanic and Atmospheric Administration Interplast Universal Industries, 8744–8745 See National Telecommunications and Information Mobile Energy Services Corp., 8745 Administration United Technologies Automotive, Inc., 8745
Commodity Futures Trading Commission Energy Department See Federal Energy Regulatory Commission NOTICES NOTICES Contract market proposals: Grants and cooperative agreements; availability, etc.: Cantor Financial Futures Exchange, Inc.— Radiation health effects studies in the Russian Five-year and ten-year agency notes, 8683 Federation; U.S.-Russian population, 8688–8695 Meetings: Applications, hearings, determinations, etc.: Global Markets Advisory Committee, 8683–8684 Reliant Energy Channelview LP, 8688 Comptroller of the Currency Environmental Protection Agency PROPOSED RULES RULES Consumer financial information privacy, 8770–8816 Air pollutants, hazardous; national emission standards: NOTICES Amino/phenolic resins production; correction, 8768 Agency information collection activities: Air quality implementation plans: Submission for OMB review; comment request, 8761– Preparation, adoption, and submittal— 8762 Requirements; technical amendment, 8656–8657 PROPOSED RULES Corporation for National and Community Service Air quality implementation plans; approval and NOTICES promulgation; various States: Grants and cooperative agreements; availability, etc.: California, 8676–8679 AmeriCorps* programs— Idaho District of Columbia, 8684 Correction, 8679
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NOTICES Federal Emergency Management Agency Agency information collection activities: RULES Proposed collection; comment request, 8699–8700 Flood insurance; communities eligible for sale: Submission for OMB review; comment request, 8700– Various states, 8662–8666 8701 NOTICES Air programs: Agency information collection activities: State implementation plans; adequacy status for Proposed collection; comment request, 8706–8708 transportation conformity purposes— Disaster and emergency areas: Maryland, 8701–8702 North Carolina, 8708 Pesticide programs: Meetings: Organophosphates; risk assessments and public National Fire Academy Board of Visitors, 8708–8709 participation in risk management— Acephate and methamidophos, 8702–8703 Federal Energy Regulatory Commission Reports and guidance documents; availability, etc.: NOTICES One-hour ozone attainment demonstrations, 8703–8704 Electric rate and corporate regulation filings: Toxic and hazardous substances control: Onondaga Cogeneration Limited Partnership, et al., 8696– Lead-based paint activities in target housing and child- 8698 occupied facilities; State and Tribe authorization Hydroelectric applications, 8698–8699 applications— Meetings: California, 8704–8706 El Dorado Irrigation District, CA; cancellation, 8699 Natural Gas Pipeline Company of America; conference rescheduled, 8699 Environmental Quality Council Applications, hearings, determinations, etc.: See Council on Environmental Quality Black River Ltd. Partnership, 8695 Central Vermont Public Service Corp., 8695–8696 Executive Office of the President Florida Gas Transmission Co. and Southern Natural Gas See Council on Environmental Quality Co., 8696 See Presidential Documents Southwest Power Pool, Inc.; correction, 8768 See Trade Representative, Office of United States Federal Housing Finance Board Federal Aviation Administration NOTICES RULES Meetings; Sunshine Act, 8709 Airworthiness directives: Federal Reserve System Airbus, 8642–8645 PROPOSED RULES Boeing, 8640–8649 Consumer financial information privacy, 8770–8816 Cameron Ballons, Ltd., 8653–8655 NOTICES Cessna Aircraft Co., 8649–8651 Banks and bank holding companies: McDonnell Douglas, 8651–8652 Change in bank control, 8709 Class D airspace, 8655–8656 Formations, acquisitions, and mergers, 8709–8710 Class E airspace, 8656 Applications, hearings, determinations, etc.: PROPOSED RULES Formations, acquisitions, and mergers, 8709 Airworthiness directives: Boeing, 8667–8669 Federal Trade Commission NOTICES NOTICES Meetings: Prohibited trade practices: RTCA, Inc., 8757 DBC Financial, Inc.; correction, 8768 Passenger facility charges; applications, etc.: San Jose, CA, et al., 8758–8759 Fish and Wildlife Service PROPOSED RULES Federal Bureau of Investigation Alaska National Interest Lands Conservation Act: NOTICES Fish and wildlife resources on public lands; preference Agency information collection activities: for subsistence use— Submission for OMB review; comment request, 8738– Kenai Peninsula, 8673–8676 8739 NOTICES Endangered and threatened species permit applications, 8731–8732 Federal Communications Commission RULES Food and Drug Administration Common carrier services: PROPOSED RULES Communications Assistance for Law Enforcement Act; Electronic records and electronic signatures: Paperwork information burdens; OMB approval, 8666 Technical implementation; meeting and request for PROPOSED RULES presentation abstracts, 8669–8670 Radio stations; table of assignments: NOTICES Various States, 8679–8680 Agency information collection activities: Proposed collection; comment request, 8713–8715 Federal Deposit Insurance Corporation Reporting and recordkeeping requirements, 8715–8716 PROPOSED RULES Meetings: Consumer financial information privacy, 8770–8816 Anti-Infective Drugs Advisory Committee, 8716
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Medical Devices Advisory Committee, 8716–8717 See National Park Service Scale-up and postapproval changes, supplements, and NOTICES other postapproval changes; FDA/industry exchange Federal land and Resource Management: workshop, 8717–8718 Watershed approach; unified Federal policy, 8834–8839 Reports and guidance documents; availability, etc.: Bottle water; feasibility of appropriate methods of Internal Revenue Service informing customers of contents, 8718–8722 NOTICES Agency information collection activities: Forest Service Proposed collection; comment request, 8762–8767 PROPOSED RULES Alaska National Interest Lands Conservation Act: Justice Department Title VII implementation (subsistence priority) See Drug Enforcement Administration Kenai Peninsula determination, 8673–8676 See Federal Bureau of Investigation NOTICES See Immigration and Naturalization Service Federal Land and Resource Management: See Justice Programs Office Watershed approach; unified Federal policy, 8839–8840 NOTICES Agency information collection activities: General Services Administration Proposed collection; comment request, 8737 RULES Justice Programs Office Federal travel: Relocation income tax (RIT) allowance tax tables, 8657– NOTICES 8660 Agency information collection activities: PROPOSED RULES Proposed collection; comment request, 8741–8742 Federal property management: Labor Department Aviation, transportation, and motor vehicles— See Employment and Training Administration Transportation payment and audit, 8818–8831 See Occupational Safety and Health Administration
Health and Human Services Department Land Management Bureau See Centers for Disease Control and Prevention NOTICES See Food and Drug Administration Environmental statements; availability, etc.: See Health Care Financing Administration Cadiz Groundwater Storage Dry-Year Supply Program, See Indian Health Service CA; pipeline right of way and plan amendment, 8732 Survey plat filings: Health Care Financing Administration Utah, 8732–8734 RULES Withdrawal and reservation of lands: Medicare: Colorado, 8734 Payment amount if customary charges are less than El Dorado County, CA; South Fork of the American River; reasonable costs, 8660–8662 NOTICES meeting, 8734–8735 Medicaid: National Credit Union Administration Home health agencies— NOTICES Cost reporting schedules of per-visit and per- Meetings; Sunshine Act, 8748 beneficiary limitations, 8722 Medicare and Medicaid: National Highway Traffic Safety Administration Home health agencies; national accreditation program NOTICES recognition applications— Motor vehicle safety standards: Community Health Accreditation Program, Inc., 8725– Nonconforming vehicles— 8727 Importation eligibility; determinations, 8759–8760 Joint Commission on Accreditation of Healthcare Organizations, 8722–8725 National Oceanic and Atmospheric Administration Hospitals; national accreditation program recognition NOTICES applications— Meetings: American Osteopathic Association, 8727–8730 New England Fishery Management Council, 8682
Immigration and Naturalization Service National Park Service NOTICES NOTICES Agency information collection activities: Agency information collection activities: Proposed collection; comment request, 8739–8741 Proposed collection; comment request, 8735 Environmental statements; notice of intent: Indian Health Service Coronado National Memorial, AZ, 8736 NOTICES Meetings: Organization, functions, and authority delegations: National Capital Memorial Commission, 8736–8737 Information Systems and Technology Division, 8730– 8731 National Telecommunications and Information Administration Interior Department NOTICES See Fish and Wildlife Service Meetings: See Land Management Bureau Child Online Protection Act Commission, 8682–8683
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Natural Resources Conservation Service Railroad services abandonment: NOTICES Lake State Railway Co., 8760–8761 Field office technical guides; changes: Louisiana, 8681 Thrift Supervision Office Mississippi, 8681 PROPOSED RULES Consumer financial information privacy, 8770–8816 Nuclear Regulatory Commission NOTICES Trade Representative, Office of United States Meetings: National Materials Program Working Group, 8751 NOTICES Reports and guidance documents; availability, etc: Trade agreements; environmental review, 8756–8757 Spent fuel pool accident risk at decommissioning nuclear power plants, 8752 Transportation Department Applications, hearings, determinations, etc.: See Coast Guard Bayou Steel Corp., 8748–8749 See Federal Aviation Administration Commonwealth Edison Co., 8749 See National Highway Traffic Safety Administration Vermont Yankee Nuclear Power Corp., 8749–8751 See Surface Transportation Board
Occupational Safety and Health Administration Treasury Department NOTICES See Comptroller of the Currency Agency information collection activities: See Internal Revenue Service Proposed collection; comment request, 8747–8748 See Thrift Supervision Office Office of United States Trade Representative See Trade Representative, Office of United States Separate Parts In This Issue Presidential Documents ADMINISTRATIVE ORDERS Part II Flammable fuels; assessment of risk of terrorism and other Department of the Treasury, Comptroller of the Currency, criminal activity associated with released risk- Office of Thrift Supervision; Federal Deposit Insurance management plans (Memorandum of January 27, 2000), Corporation; Federal Reserve System, 8769–8816 8631 Applications, hearings, determinations, etc.: Part III American Heritage Live Investment Corp., 8752–8753 General Services Administration, 8817–8831 Southwestern Bell Telephone Co., 8753 Part IV State Justice Institute Department of Agriculture, Department of the Interior, NOTICES 8833–8840 Meetings; Sunshine Act, 8756 Surface Transportation Board NOTICES Reader Aids Agreements under sections 5a and 5b; applications for Consult the Reader Aids section at the end of this issue for approval, etc.: phone numbers, online resources, finding aids, reminders, Household Goods Carriers Bureau Committee, 8760 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.
3 CFR Administrative Orders: Memorandums: January 27, 2000...... 8631 7 CFR 301...... 8633 12 CFR Proposed Rules: 40...... 8770 216...... 8770 332...... 8770 573...... 8770 14 CFR 39 (6 documents) ...... 8640, 8642, 8645, 8649, 8651, 8653 71 (2 documents) ...... 8655, 8656 Proposed Rules: 39...... 8667 21 CFR Proposed Rules: 11...... 8669 33 CFR Proposed Rules: 140...... 8671 141...... 8671 142...... 8671 143...... 8671 144...... 8671 145...... 8671 146...... 8671 147...... 8671 36 CFR Proposed Rules: 242...... 8673 40 CFR 51...... 8656 63...... 8768 Proposed Rules: 52 (2 documents) ...... 8676, 8679 41 CFR 302...... 8657 Proposed Rules: 101-41...... 8818 102-118...... 8818 42 CFR 413...... 8660 44 CFR 64 (2 documents) ...... 8662, 8664 47 CFR 64...... 8666 Proposed Rules: 73...... 8679 50 CFR Proposed Rules: 100...... 8673
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Federal Register Presidential Documents Vol. 65, No. 35
Tuesday, February 22, 2000
Title 3— Memorandum of January 27, 2000
The President Delegation of Authority To Conduct Assessments and Promul- gate Regulations on Public Access to Off-Site Consequence Analysis Information
Memorandum for the Attorney General[, ] the Administrator of the Envi- ronmental Protection Agency[, and] the Director of the Office of Manage- ment and Budget
By the authority vested in me as President by the Constitution and laws of the United States of America, including section 112(r)(7)(H) of the Clean Air Act (‘‘Act’’) (42 U.S.C. 7412(r)(7)(H)), as added by section 3 of the Chemical Safety Information, Site Security and Fuels Regulatory Relief Act (Public Law 106–40), and section 301 of title 3, United States Code, I hereby delegate to: (1) the Attorney General the authority vested in the President under section 112(r)(7)(H)(ii)(I)(aa) of the Act to assess the increased risk of terrorist and other criminal activity associated with the posting of off-site consequence analysis information on the Internet; (2) the Administrator of the Environmental Protection Agency (EPA) the authority vested in the President under section 112(r)(7)(H)(ii)(I)(bb) of the Act to assess the incentives created by public disclosure of off-site con- sequence analysis information for reduction in the risk of accidental releases; and (3) the Attorney General and the Administrator of EPA, jointly, the author- ity vested in the President under section 112(r)(7)(H)(ii)(II) of the Act to promulgate regulations, based on these assessments, governing the distribu- tion of off-site consequence analysis information. These regulations, in pro- posed and final form, shall be subject to review and approval by the Director of the Office of Management and Budget. The Administrator of EPA is authorized and directed to publish this memo- randum in the Federal Register. œ–
THE WHITE HOUSE, Washington, January 27, 2000.
[FR Doc. 00–4270 Filed 2–18–00; 8:45 am] Billing code 6560–50–M
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Rules and Regulations Federal Register Vol. 65, No. 35
Tuesday, February 22, 2000
This section of the FEDERAL REGISTER APHIS documents published in the Federal regulations, which are described contains regulatory documents having general Federal Register, and related below. applicability and legal effect, most of which information, including the names of Section 301.97—Restrictions on are keyed to and codified in the Code of organizations and individuals who have Interstate Movement of Regulated Federal Regulations, which is published under commented on APHIS rules, are 50 titles pursuant to 44 U.S.C. 1510. Articles available on the Internet at http:// The Code of Federal Regulations is sold by www.aphis.usda.gov/ppd/rad/ Section 301.97 prohibits the interstate the Superintendent of Documents. Prices of webrepor.html. movement of regulated articles from new books are listed in the first FEDERAL quarantined areas except in accordance REGISTER issue of each week. FOR FURTHER INFORMATION CONTACT: Mr. Michael B. Stefan, Operations Officer, with the regulations. Invasive Species and Pest Management, Section 301.97–1—Definitions DEPARTMENT OF AGRICULTURE PPQ, APHIS, 4700 River Road Unit 134, Riverdale, MD 20737–1236; (301) 734– Section 301.97–1 contains definitions Animal and Plant Health Inspection 8247. of the following terms: Administrator, Service Animal and Plant Health Inspection SUPPLEMENTARY INFORMATION: Service, certificate, compliance 7 CFR Part 301 Background agreement, Departmental permit, dripline, infestation, inspector, [Docket No. 99±097±1] We are amending the ‘‘Domestic interstate, limited permit, melon fruit Quarantine Notices’’ in 7 CFR part 301 fly, moved (move, movement), person, Melon Fruit Fly by adding a new subpart 301.97, ‘‘Melon Plant Protection and Quarantine, fruit fly’’ (referred to below as the AGENCY: Animal and Plant Health quarantined area, regulated articles, and regulations). These regulations Inspection Service, USDA. State. quarantine part of Los Angeles County, ACTION: Interim rule and request for CA, because of the melon fruit fly and Section 301.97–2—Regulated Articles comments. restrict the interstate movement of Certain articles present a significant SUMMARY: We are quarantining part of regulated articles from the quarantined risk of spreading the melon fruit fly if Los Angeles County, CA, because of the area. they are moved from quarantined areas melon fruit fly and restricting the The melon fruit fly, Bactrocera without restrictions. We call these interstate movement of regulated cucurbitae (Coquillett), is a very articles regulated articles. Paragraphs (a) articles from the quarantined area. This destructive pest of fruits and vegetables, through (e) of § 301.97–2 list the action is necessary on an emergency including melons, mangos, peppers, following as regulated articles: squash, cucumbers, beans, oranges, and basis to prevent the spread of the melon • The melon fruit fly; fruit fly to noninfested areas of the peaches. This pest can cause serious • Certain fruits and vegetables (fruits United States. economic losses by lowering the yield or vegetables that are canned or dried or DATES: This interim rule was effective and quality of these fruits and ¥ ° ° vegetables and by damaging the that are frozen below 17.8 C (0 F) are February 22, 2000. We invite you to exempted, since the melon fruit fly comment on this docket. We will seedlings and young plants of squash, melons, and cucumbers. Heavy cannot survive such processing); consider all comments that we receive • by April 24, 2000. The incorporation by infestations can result in complete loss Soil within the dripline of plants reference provided for by this interim of these crops. that produce those fruits or vegetables; • rule is approved by the Director of the Recent trapping surveys near El Certain plants of the family Federal Register as of February 22, 2000. Monte and Rosemead, CA, have Cucurbitaceae; and • ADDRESSES: Please send your comment established that part of Los Angeles Any other product, article, or means and three copies to: Docket No. 99–097– County is infested with the melon fruit of conveyance that an inspector 1, Regulatory Analysis and fly. determines to present a risk of spreading Development, PPD, APHIS, Suite 3C03, Officials of the Animal and Plant the melon fruit fly when the inspector 4700 River Road, Unit 118, Riverdale, Health Inspection Service (APHIS) and notifies the person in possession of the MD 20737–1238. Please state that your State and county agencies in California product, article, or means of conveyance comment refers to Docket No. 99–097– have begun an intensive survey and that it is subject to the restrictions in the 1. eradication program in the infested area. regulations. You may read any comments that we Also, as explained below, California has The last item listed above, which receive on this docket in our reading restricted the intrastate movement of provides for the designation of ‘‘any room. The reading room is located in certain articles from the infested area to other product, article, or means of room 1141 of the USDA South Building, prevent the spread of the melon fruit fly conveyance’’ as a regulated article, is 14th Street and Independence Avenue within California. However, Federal intended to address the risks presented SW., Washington, DC. Normal reading regulations are necessary to restrict the by, for example, a truck with melon fruit room hours are 8 a.m. to 4:30 p.m., interstate movement of certain articles fly pupae in the cracks of its floorboards Monday through Friday, except from the infested area to prevent the by enabling an inspector to designate holidays. To be sure someone is there to spread of the melon fruit fly to that truck as a regulated article in order help you, please call (202) 690–2817 noninfested areas of the United States. to ensure that any necessary risk- before coming. This interim rule establishes those mitigating measures are carried out.
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Section 301.97–3—Quarantined Areas § 301.97–3(c) in the rule portion of this the Administrator, under conditions Paragraph (a) of § 301.97–3 provides document. specified on the permit to prevent the the criteria for the inclusion of States, or Paragraph (b) of § 301.97–3 provides spread of the melon fruit fly. that we may temporarily designate any portions of States, in the list of nonquarantined area in a State as a Section 301.97–5—Issuance and quarantined areas. Under these criteria, quarantined area when we determine Cancellation of Certificates and Limited any State or portion of a State in which that the nonquarantined area meets the Permits the melon fruit fly is found by an criteria for designation as a quarantined Under Federal domestic plant inspector, or in which the Administrator area described in § 301.97–3(a). In such quarantine programs, there is a has reason to believe that the melon cases, we will give the owner or person difference between the use of fruit fly is present, will be listed as a in possession of the area a copy of the certificates and limited permits. quarantined area. These criteria also regulations along with written notice of Certificates are issued for regulated provide that an area will be designated the area’s temporary designation as a articles when an inspector finds that, as a quarantined area when the quarantined area, after which time the because of certain conditions (e.g., the Administrator considers it necessary interstate movement of any regulated article is free of melon fruit fly), there due to the area’s inseparability for article from the area will be subject to is no pest risk before movement. quarantine enforcement purposes from the regulations. This provision is Regulated articles accompanied by a localities in which the melon fruit fly necessary to prevent the spread of the certificate may be moved interstate has been found. melon fruit fly during the time between without further restrictions. Limited Paragraph (a) of § 301.97–3 also the detection of the pest and the time a permits are issued for regulated articles provides that we will designate less document quarantining the area can be when an inspector finds that, because of than an entire State as a quarantined made effective and published in the a possible pest risk, the articles may be area only if we determine that the State Federal Register. In the event that an safely moved interstate only subject to has adopted and is enforcing restrictions area’s designation as a temporary further restrictions, such as movement on the intrastate movement of regulated quarantined area is terminated, we will to limited areas and movement for articles that are equivalent to those provide written notice of that limited purposes. Section 301.97–5 imposed on the interstate movement of termination to the owner or person in explains the conditions for issuing a regulated articles and that the possession of the area as soon as is certificate or limited permit. designation of less than the entire State practicable. Specifically, § 301.97–5(a) provides as a quarantined area will prevent the that a certificate will be issued by an interstate spread of the melon fruit fly. Section 301.97–4—Conditions inspector for the movement of a These determinations would indicate Governing the Interstate Movement of regulated article if the inspector that infestations are confined to the Regulated Articles From Quarantined determines that the article: (1) Is free of quarantined areas and eliminate the Areas the melon fruit fly; has been treated need for designating an entire State as This section requires most regulated under the supervision of an inspector, a quarantined area. articles moving interstate from who must be present during the The boundary lines that delimit the quarantined areas to be accompanied by treatment, in accordance with § 301.97– portion of a State that is designated as a certificate or a limited permit. The 10; or comes from a premises of origin a quarantined area are set up only exceptions are certain articles that that is free of the melon fruit fly; (2) will approximately 4.5 miles from the move into the quarantined area from be moved in compliance with any locations where melon fruit fly has been outside the quarantined area or that are additional emergency conditions detected. The boundary lines may vary moved by APHIS or the Department for deemed necessary to prevent the spread due to factors such as the location of experimental or scientific purposes. of the melon fruit fly under section 105 melon fruit fly host material, the Except for articles moved by APHIS or of the Federal Plant Pest Act (7 U.S.C. location of transportation centers such the Department, only articles that are 150dd); and (3) is eligible for as bus stations and airports, the pattern moved into the quarantined area from unrestricted movement under all other of persons moving in that State, the outside the quarantined area and that Federal domestic plant quarantines and number and patterns of distribution of are accompanied by a waybill that regulations applicable to that article. the melon fruit fly, and the use of indicates the point of origin may be We have included a footnote (number clearly identifiable lines for the moved interstate without a certificate or 4) that provides an address for securing boundaries. limited permit. Additionally, the the addresses and telephone numbers of We have determined that it is not articles must be moved in an enclosed the local Plant Protection and necessary to designate the entire State of vehicle or be completely enclosed so as Quarantine offices at which services of California as a quarantined area because to prevent access by melon fruit flies. inspectors may be requested. We have the melon fruit fly has not been found The regulated articles must also move also included a footnote (number 5) that in any other area of the State, and through the quarantined area without explains that the Secretary of because California has adopted and is stopping (except for refueling, rest Agriculture can, under 7 U.S.C. 150dd, enforcing restrictions on the intrastate stops, emergency repairs, and for traffic take emergency actions to seize, movement of regulated articles and conditions such as traffic lights and stop quarantine, treat, destroy, or apply other those restrictions are substantially the signs), and the regulated articles must remedial measures to articles that are, or same as those imposed by the not be unpacked or unloaded in the that he or she has reason to believe are, regulations on the interstate movement quarantined area. infested or infected by or contain plant of regulated articles. Therefore, in Also, APHIS or the Department may pests. accordance with the criteria described move regulated articles interstate Paragraph (b) of § 301.97–5 provides in the previous paragraph, we have without a certificate or limited permit if for the issuance of a limited permit (in designated the El Monte and Rosemead the articles are moved for experimental lieu of a certificate) by an inspector for area of Los Angeles County, CA, as a or scientific purposes. However, the interstate movement of a regulated quarantined area. The boundaries of the articles must be moved in accordance article if the inspector determines that quarantined area are described in with a Departmental permit issued by the article is to be moved to a specified
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Health Inspection Service has Paperwork Reduction Act information technology; e.g., permitting determined that this action will not In accordance with section 3507(j) of electronic submission of responses). have a significant economic impact on the Paperwork Reduction Act of 1995 Estimate of burden: Public reporting a substantial number of small entities. (44 U.S.C. 3501 et seq.), the information burden for this collection of information Executive Order 12372 collection and recordkeeping is estimated to average .04049 hours per requirements included in this interim response. This program/activity is listed in the rule have been submitted for emergency Respondents: State and county Catalog of Federal Domestic Assistance approval to the Office of Management cooperators (inspectors); and producers, under No. 10.025 and is subject to and Budget (OMB). OMB has assigned handlers, and movers of regulated fruit Executive Order 12372, which requires control number 0579–0088 to the and vegetables in Los Angeles County, intergovernmental consultation with information collection and California. State and local officials. (See 7 CFR part recordkeeping requirements. Estimated annual number of 3015, subpart V.) We plan to request continuation of respondents: 10. Executive Order 12988 that approval for 3 years. Please send written comments on the 3-year Estimated annual number of This interim rule has been reviewed approval request to the following responses per respondent: 32.1. under Executive Order 12988, Civil addresses: (1) Docket No. 99–097–1, Estimated annual number of Justice Reform. This rule: (1) Preempts Regulatory Analysis and Development, responses: 321. all State and local laws and regulations PPD, APHIS, suite 3C03, 4700 River Estimated total annual burden on that are inconsistent with this rule; (2) Road Unit 118, Riverdale, MD 20737– respondents: 13 hours. has no retroactive effect; and (3) does 1238, and (2) Clearance Officer, OCIO, not require administrative proceedings USDA, room 404–W, 14th Street and Copies of this information collection before parties may file suit in court Independence Avenue, SW., can be obtained from: Clearance Officer, challenging this rule. Washington, DC 20250. Please state that OCIO, USDA, room 404–W, 14th Street your comments refer to Docket No. 99– and Independence Avenue, SW., National Environmental Policy Act 097–1 and send your comments within Washington, DC 20250. An environmental assessment and 60 days of publication of this rule. List of Subjects in 7 CFR Part 301 finding of no significant impact have This interim rule quarantines a part of been prepared for this interim rule. The Los Angeles, CA, because of the melon Agricultural commodities, assessment provides a basis for the fruit fly and restricts the interstate Incorporation by reference, Plant conclusion that the implementation of movement of regulated articles from the diseases and pests, Quarantine, integrated pest management to achieve quarantined area. Its implementation Reporting and recordkeeping eradication of the melon fruit fly will will require us to engage in certain requirements, Transportation. not have a significant impact on human information collection activities, in that Accordingly, we are amending 7 CFR health and the natural environment. certain articles may not be moved part 301 as follows: Based on the finding of no significant interstate from the quarantined area impact, the Administrator of the Animal unless they are accompanied by a PART 301ÐDOMESTIC QUARANTINE and Plant Health Inspection Service has certificate or a limited permit. A NOTICES determined that an environmental certificate or limited permit may be impact statement need not be prepared. issued by an inspector (i.e., an APHIS 1. The authority citation for part 301 employee or other person authorized by continues to read as follows: The environmental assessment and the APHIS Administrator to enforce the Authority: 7 U.S.C. 147a, 150bb, 150dd, finding of no significant impact were regulations), or by a person who has prepared in accordance with: (1) The 150ee, 150ff, 161, 162, and 164–167; 7 CFR entered into a written compliance 2.22, 2.80, and 371.2(c). National Environmental Policy Act of agreement with APHIS. We are 1969 (NEPA), as amended (42 U.S.C. soliciting comments from the public 2. Part 301 is amended by adding a 4321 et seq.), (2) regulations of the concerning our information collection new ‘‘Subpart—Melon Fruit Fly,’’ Council on Environmental Quality for and recordkeeping requirements. These §§ 301.97 through 301.97–10, to read as implementing the procedural provisions comments will help us: follows: of NEPA (40 CFR parts 1500–1508), (3) (1) Evaluate whether the information SubpartÐMelon Fruit Fly USDA regulations implementing NEPA collection is necessary for the proper (7 CFR part 1b), and (4) APHIS’ NEPA performance of our agency’s functions, Sec. Implementing Procedures (7 CFR part including whether the information will 301.97 Restrictions on interstate movement 372). of regulated articles. have practical utility; 301.97–1 Definitions. Copies of the environmental (2) Evaluate the accuracy of our 301.97–2 Regulated articles. assessment and finding of no significant estimate of the burden of the proposed 301.97–3 Quarantined areas. impact are available for public information collection, including the 301.97–4 Conditions governing the inspection at USDA, room 1141, South validity of the methodology and interstate movement of regulated articles Building, 14th Street and Independence assumptions used; from regulated areas. Avenue, SW., Washington, DC, between (3) Enhance the quality, utility, and 301.97–5 Issuance and cancellation of 8 a.m. and 4:30 p.m., Monday through clarity of the information to be certificates and limited permits. Friday, except holidays. Persons collected; and 301.97–6 Compliance agreements and wishing to inspect copies are requested (4) Minimize the burden of the cancellation. 301.97–7 Assembly and inspection of to call ahead on (202) 690–2817 to information collection on those who are regulated articles. facilitate entry into the reading room. In to respond (such as through the use of 301.97–8 Attachment and disposition of addition, copies may be obtained by appropriate automated, electronic, certificates and limited permits. writing to the individual listed under mechanical, or other technological 301.97–9 Costs and charges. FOR FURTHER INFORMATION CONTACT. collection techniques or other forms of 301.97–10 Treatments.
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SubpartÐMelon Fruit Fly destination and only in accordance with (Momordica spp.) specified conditions. (Trichosanthis spp.) § 301.97 Restrictions on interstate Melon fruit fly. The insect known as Grape (Vitis trifolia) movement of regulated articles. the melon fruit fly, Bactrocera Guava (Psidium guajava) No person may move interstate from cucurbitae (Coquillett), in any stage of Guava, cattley (Psidium cattlelanum) any quarantined area any regulated development. Lemon, water (Passiflora laurifolia) article except in accordance with this Moved (move, movement). Shipped, Mango (Mangifera indica) subpart 1 offered for shipment, received for Melon (Citrullus spp.) transportation, transported, carried, or Melon, Chinese (Benincasa hispida) § 301.97±1 Definitions. allowed to be moved, shipped, Melon, oriental pickling (Cucumis melo Administrator. The Administrator, transported, or carried. var. conomon) Animal and Plant Health Inspection Person. Any association, company, Mustard, leaf (Brassica juncea) Service, or any person authorized to act corporation, firm, individual, joint stock Okra (Hibiscus esculentus) for the Administrator. company, partnership, society, or other Orange, king (Citrus nobilis) Animal and Plant Health Inspection entity. Orange, mandarin (Citrus reticulata) Service. The Animal and Plant Health Plant Protection and Quarantine. Orange, sweet (Citrus sinensis) Inspection Service (APHIS) of the Plant Protection and Quarantine, Papaya (Carica papaya) United States Department of Animal and Plant Health Inspection Passion fruit (Passiflora edulis) Agriculture. Service, United States Department of Peach (Prunus persica) Certificate. A document in which an Agriculture. Pear (Pyrus communis) inspector or person operating under a Quarantined area. Any State, or any Pepper (Capsicum annum) compliance agreement affirms that a portion of a State, listed in § 301.97–3(c) Pepper, chile (Capsicum annum) specified regulated article is free of of this subpart or otherwise designated Pepper, tobasco (Capsicum frutescens) melon fruit fly and may be moved as a quarantined area in accordance Pumpkin (Cucurbita pepo) interstate to any destination. with § 301.97–3(b) of this subpart. Pumpkin, Canada (Cucurbita moschata) Compliance agreement. A written Regulated article. Any article listed in Scarlet wisteria tree (Sesbania agreement between APHIS and a person § 301.97–2 or otherwise designated as a grandiflora) engaged in growing, handling, or regulated article in accordance with Soursop (Annona muricata) moving regulated articles, wherein the § 301.97–2(e). Squash (Cucurbita maxima) person agrees to comply with this State. The District of Columbia, Tomato (Lycopersicon esculentum) subpart. Puerto Rico, the Northern Mariana Tomato, tree (Cyphomandra betaceae) Departmental permit. A document Islands, or any State, territory, or Watermelon (Citrullus lanatus = issued by the Administrator in which he possession of the United States. Citrullus vulgaris) or she affirms that interstate movement Any fruits or vegetables that are § 301.97±2 Regulated articles. of the regulated article identified on the canned or dried or frozen below ¥17.8 document is for scientific or The following are regulated articles: °C. (0 °F.) are not regulated articles. 2 experimental purposes and that the (a) Melon fruit flies. (c) Soil within the dripline of plants regulated article is eligible for interstate (b) The following fruits and that are producing or have produced the movement in accordance with § 301.97– vegetables: fruits or vegetables listed in paragraph 4(d) of this subpart. Apple (Malus sylvestris) (b) of this section. Dripline. The line around the canopy Apple, custard (Annona reticulata) (d) Plants of the following species in of a plant. Avocado (Persea americana) the family Cucurbitaceae: Infestation. The presence of the melon Bean, hyacinth (Dolichos lablab) Cantaloupe (Cucumis melo) fruit fly or the existence of Bean, lima (Phaseolus lunatus = Chayote (Sechium edule) circumstances that makes it reasonable Phaseolus limensis) Colocynth (Citrullus colocynthis) to believe that the melon fruit fly is Bean, mung (Phaseolus vulgaris) Cucumber (Cucumis sativus) present. Cantaloupe (Cucumis melo and Cucumber, bur (Sicyos sp.) Inspector. Any employee of the Cucumis melo var. Cantalupensis) Cucurbit, wild (Cucumis trigonus) Animal and Plant Health Inspection Cauliflower (Brassica oleracea var. Gherkin, West India (Cucumis angaria) Service, U.S. Department of Agriculture, botrytis) Gourd, angled luffa (Luffa acutangula) or other person authorized by the Chayote (Sechium edule) Gourd, balsam apple (Momordica Administrator to enforce this subpart. Colocynth (Citrullus colocynthis) balsaminia) Interstate. From any State into or Cowpea (Vigna unguiculata) Gourd, ivy (Coccinia grandis) through any other State. Cucumber (Cucumis sativus) Gourd, kakari (Momordica dioica) Limited permit. A document in which Cucumber, bur (Sicyes sp.) Gourd, serpent cucumber (Trichosanthis an inspector or person operating under Cucurbit (Cucumis pubescens and anguina) a compliance agreement affirms that the Cucumis trigonus) Gourd, snake (Trichosanthis regulated article identified on the Date palm (Phoenix dactylifera) cucumeroides) document is eligible for interstate Eggplant (Solanum melongena) Gourd, sponge (Luffa aegyptiaca) movement in accordance with § 301.97– Fig (Ficus carica) Gourd, white flowered (Lagenaria 5(b) of this subpart only to a specified Gourds siceraria) (Coccinia spp.) Melon, Chinese (Benincasa hispida) 1 Any properly identified inspector is authorized (Cresentia spp.) Melon, long (Cucumis utilissimus) to stop and inspect persons and means of (Lagenaria spp.) conveyance and to seize, quarantine, treat, apply Pumpkin (Cucurbita pepo) (Luffa spp.) other remedial measures to, destroy, or otherwise Pumpkin, Canada (Cucurbita moschata) dispose of regulated articles as provided in section 10 of the Plant Quarantine Act (7 U.S.C. 164a) and 2 Permit and other requirements for the interstate Squash (Cucurbita maxima) sections 105 and 107 of the Federal Plant Pest Act movement of melon fruit flies are contained in part Watermelon (Citrullus lanatus = (7 U.S.C. 150dd and 150ff). 330 of this chapter. Citrullus vulgaris)
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(e) Any other product, article, or Huntington Drive; then northeast along as canvas, plastic, or other closely means of conveyance not listed in Huntington Drive to Sierra Madre woven cloth) while moving through the paragraphs (a) through (d) of this section Boulevard; then north along Sierra quarantined area; and that an inspector determines presents a Madre Boulevard to Interstate Highway (2) The point of origin of the regulated risk of spreading the melon fruit fly, 210; then east along Interstate Highway article is indicated on the waybill and when the inspector notifies the person 210 to Buena Vista Street; then south the enclosed vehicle or the enclosure in possession of the product, article, or along Buena Vista Street to Arrow that contains the regulated article is not means of conveyance that it is subject to Highway; then east along Arrow opened, unpacked, or unloaded in the the restrictions of this subpart. Highway to Interstate Highway 605; quarantined area. then south along Interstate Highway 605 (d) Without a certificate or limited § 301.97±3 Quarantined areas. to Live Oak Avenue; then east along permit if the regulated article is moved: (a) Except as otherwise provided in Live Oak Avenue to Baldwin Park (1) By the United States Department paragraph (b) of this section, the Boulevard; then south and southwest of Agriculture for experimental or Administrator will list as a quarantined along Baldwin Park Boulevard to scientific purposes; area in paragraph (c) of this section each Francisquito Avenue; then southeast (2) Pursuant to a Departmental permit State, or each portion of a State, in along Francisquito Avenue to Puente issued by the Administrator for the which the melon fruit fly has been Avenue; then southwest along Puente regulated article; found by an inspector, in which the Avenue to Valley Boulevard; then (3) Under conditions specified on the Administrator has reason to believe that southeast along Valley Boulevard to 5th Departmental permit and found by the the melon fruit fly is present, or that the Street; then southwest along 5th Street Administrator to be adequate to prevent Administrator considers necessary to to Lomitas Avenue; then southwest the spread of the melon fruit fly; and quarantine because of its inseparability along an imaginary line to the (4) With a tag or label bearing the for quarantine enforcement purposes intersection of Interstate Highway 605 number of the Departmental permit from localities in which the melon fruit and Beverly Boulevard; then west along issued for the regulated article attached fly has been found. Less than an entire Beverly Boulevard to Garfield Avenue; to the outside of the container of the State will be designated as a then north along Garfield Avenue to regulated article or attached to the quarantined area only if the Garvey Avenue; then west along Garvey regulated article itself if not in a Administrator determines that: Avenue to Atlantic Boulevard; then container. (1) The State has adopted and is north along Atlantic Boulevard to the enforcing restrictions on the intrastate point of beginning. (Approved by the Office of Management movement of the regulated articles that and Budget under control number 0579– are substantially the same as those § 301.97±4 Conditions governing the 0088) interstate movement of regulated articles imposed by this subpart on the from quarantined areas. interstate movement of regulated § 301.97±5 Issuance and cancellation of Any regulated article may be moved certificates and limited permits. articles; and 3 (2) The designation of less than the interstate from a quarantined area only (a) A certificate may be issued by an entire State as a quarantined area will if moved under the following inspector 4 for the interstate movement prevent the interstate spread of the conditions: of a regulated article if the inspector (a) With a certificate or limited permit melon fruit fly. determines that: (b) The Administrator or an inspector issued and attached in accordance with (1)(i) The regulated article has been may temporarily designate any §§ 301.97–5 and 301.97–8 of this treated under the direction of an nonquarantined area in a State as a subpart; inspector in accordance with § 301.97– (b) Without a certificate or limited quarantined area in accordance with 10 of this subpart; or permit if: paragraph (a) of this section. The (1) The regulated article originated (ii) Based on inspection of the Administrator will give a copy of this outside the quarantined area and is premises of origin, the premises are free regulation along with a written notice either moved in an enclosed vehicle or from the melon fruit fly; or for the temporary designation to the is completely enclosed by a covering (iii) Based on inspection of the owner or person in possession of the adequate to prevent access by melon regulated article, the regulated article is nonquarantined area. Thereafter, the fruit flies (such as canvas, plastic, or free of melon fruit flies; and interstate movement of any regulated other closely woven cloth) while (2) The regulated article will be article from an area temporarily moving through the quarantined area; moved through the quarantined area in designated as a quarantined area will be and an enclosed vehicle or will be subject to this subpart. As soon as (2) The point of origin of the regulated completely enclosed by a covering practicable, this area will be added to article is indicated on the waybill. adequate to prevent access by the melon the list in paragraph (c) of this section (c) Without a certificate or limited fruit fly; and or the designation will be terminated by permit if: (3) The regulated article is to be the Administrator or an inspector. The (1) The regulated article originated moved in compliance with any owner or person in possession of an area outside any quarantined area and is additional emergency conditions the for which designation is terminated will moved through (without stopping Administrator may impose under be given notice of the termination as except for refueling or for traffic section 105 of the Federal Plant Pest Act soon as practicable. conditions, such as traffic lights or stop (c) The areas described below are signs) the quarantined area in an 4 Services of an inspector may be requested by designated as quarantined areas: enclosed vehicle or is completely contacting local offices of Plant Protection and California enclosed by a covering adequate to Quarantine, which are listed in telephone prevent access by melon fruit flies (such directories. The addresses and telephone numbers Los Angeles County. That portion of of local offices may also be obtained from the Animal and Plant Health Inspection Service, Plant Los Angeles County bounded by a line 3 Requirements under all other applicable Federal Protection and Quarantine, Invasive Species and drawn as follows: Beginning at the domestic plant quarantines and regulations must Pest Management, 4700 River Road Unit 134, intersection of Atlantic Boulevard and also be met. Riverdale, MD 20737–1236.
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(7 U.S.C. 150dd) 5 to prevent the spread withdrawal is oral, the withdrawal and § 301.97±7 Assembly and inspection of of the melon fruit fly; and the reasons for the withdrawal will be regulated articles. (4) The regulated article is eligible for confirmed in writing as promptly as (a) Any person (other than a person unrestricted movement under all other circumstances allow. Any person whose authorized to issue certificates or Federal domestic plant quarantines and certificate or limited permit has been limited permits under § 301.97–5(c)) regulations applicable to the regulated withdrawn may appeal the decision in who desires to move a regulated article article. writing to the Administrator within 10 interstate accompanied by a certificate (b) An inspector 6 will issue a limited days after receiving the written or limited permit must notify an permit for the interstate movement of a notification of the withdrawal. The inspector 8 as far in advance of the regulated article if the inspector appeal must state all of the facts and desired interstate movement as possible, determines that: reasons upon which the person relies to but no less than 48 hours before the (1) The regulated article is to be show that the certificate or limited desired interstate movement. moved interstate to a specified permit was wrongfully withdrawn. As (b) The regulated article must be destination for specified handling, promptly as circumstances allow, the assembled at the place and in the processing, or utilization (the Administrator will grant or deny the manner the inspector designates as destination and other conditions to be appeal, in writing, stating the reasons necessary to comply with this subpart. listed in the limited permit), and this for the decision. A hearing will be held § 301.97±8 Attachment and disposition of interstate movement will not result in to resolve any conflict as to any material certificates and limited permits. the spread of the melon fruit fly because fact. Rules of practice concerning a (a) A certificate or limited permit life stages of the melon fruit fly will be hearing will be adopted by the required for the interstate movement of destroyed by the specified handling, Administrator. a regulated article must, at all times processing, or utilization; during the interstate movement, be: (2) The regulated article is to be (Approved by the Office of Management (1) Attached to the outside of the moved in compliance with any and Budget under control number 0579– container containing the regulated additional emergency conditions the 0088) article, or Administrator may impose under (2) Attached to the regulated article section 105 of the Federal Plant Pest Act § 301.97±6 Compliance agreements and cancellation. itself if not in a container, or (7 U.S.C. 150dd) to prevent the spread (3) Attached to the consignee’s copy of the melon fruit fly; and (a) Any person engaged in growing, of the accompanying waybill. If the (3) The regulated article is eligible for handling, or moving regulated articles certificate or limited permit is attached interstate movement under all other may enter into a compliance agreement to the consignee’s copy of the waybill, Federal domestic plant quarantines and when an inspector determines that the the regulated article must be sufficiently regulations applicable to the regulated person understands this subpart and described on the certificate or limited article. agrees to comply with its provisions.7 permit and on the waybill to identify (c) Certificates and limited permits for the regulated article. the interstate movement of regulated (b) Any compliance agreement may be (b) The certificate or limited permit articles may be issued by an inspector canceled, either orally or in writing, by for the interstate movement of a or person operating under a compliance an inspector whenever the inspector regulated article must be furnished by agreement. A person operating under a finds that the person who has entered the carrier to the consignee at the compliance agreement may issue a into the compliance agreement has destination of the regulated article. certificate for the interstate movement of failed to comply with this subpart. If the (Approved by the Office of Management a regulated article if an inspector has cancellation is oral, the cancellation and and Budget under control number 0579– determined that the regulated article is the reasons for the cancellation will be 0088) eligible for a certificate in accordance confirmed in writing as promptly as with paragraph (a) of this section. A circumstances allow. Any person whose § 301.97±9 Costs and charges. person operating under a compliance compliance agreement has been The services of the inspector during agreement may issue a limited permit canceled may appeal the decision, in normal business hours (8 a.m. to 4:30 for interstate movement of a regulated writing, within 10 days after receiving p.m., Monday through Friday, except article when an inspector has written notification of the cancellation. holidays) will be furnished without determined that the regulated article is The appeal must state all of the facts cost. The user will be responsible for all eligible for a limited permit in and reasons upon which the person costs and charges arising from accordance with paragraph (b) of this relies to show that the compliance inspection and other services provided section. agreement was wrongfully canceled. As outside normal business hours. (d) Any certificate or limited permit promptly as circumstances allow, the that has been issued may be withdrawn, Administrator will grant or deny the § 301.97±10 Treatments. either orally or in writing, by an appeal, in writing, stating the reasons Treatment schedules listed in the inspector if he or she determines that for the decision. A hearing will be held Plant Protection and Quarantine the holder of the certificate or limited to resolve any conflict as to any material Treatment Manual to destroy the melon permit has not complied with all fact. Rules of practice concerning a fruit fly are authorized for use on conditions in this subpart for the use of hearing will be adopted by the regulated articles. The Plant Protection the certificate or limited permit. If the Administrator. and Quarantine Treatment Manual is incorporated by reference. For the full 5 Section 105 of the Federal Plant Pest Act (7 7 Compliance agreement forms are available identification of this standard, see U.S.C. 150dd) provides that the Secretary of without charge from the Animal and Plant Health § 300.1 of this chapter, ‘‘Materials Agriculture may, under certain conditions, seize, Inspection Service, Plant Protection and incorporated by reference.’’ The quarantine, treat, destroy, or apply other remedial Quarantine, Invasive Species and Pest Management, following treatments also may be used measures to articles that are, or that the 4700 River Road Unit 134, Riverdale, MD 20737– Administrator has reason to believe are, infested or 1236, and from local offices of the Plant Protection for the regulated articles indicated: infected by or contain plant pests. and Quarantine, which are listed in telephone 6 See footnote 4 to § 301.97–5(a). directories. 8 See footnote 4 to § 301.97–5(a).
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(a) Soil within the dripline of plants from Boeing Commercial Airplane appropriate source of service that are producing or have produced the Group, P.O. Box 3707, Seattle, information for the actions proposed in fruits and vegetables listed in § 301.97– Washington 98124–2207. This the NPRM). The commenter states that 2(a) of this subpart. Apply diazinon at information may be examined at the if the taperlocks that are the subject of the rate of 5 pounds active ingredient Federal Aviation Administration (FAA), this AD have already been replaced with per acre to the soil within the dripline Transport Airplane Directorate, Rules the same new bolts that are specified in with sufficient water to wet the soil to Docket, 1601 Lind Avenue, SW., this AD, the operator should not be at least a depth of 1⁄2 inch. Renton, Washington; or at the Office of required to do the inspections proposed (b) [Reserved] the Federal Register, 800 North Capitol in the NPRM or apply for approval of an Done in Washington, DC, this 1st day of Street, NW., suite 700, Washington, DC. alternative method of compliance. The February 2000. FOR FURTHER INFORMATION CONTACT: commenter states that if its request is Bobby R. Acord, Tamara L. Anderson, Aerospace granted and incorporated in the final Acting Administrator, Animal and Plant Engineer, Airframe Branch, ANM–120S, rule, operators and the FAA will not Health Inspection Service. FAA, Transport Airplane Directorate, have to process as many applications for [FR Doc. 00–4030 Filed 2–18–00; 8:45 am] Seattle Aircraft Certification Office, alternative methods of compliance. The FAA concurs with the BILLING CODE 3410±34±U 1601 Lind Avenue, SW., Renton, Washington 98055–4056; telephone commenter’s request. The FAA finds (425) 227–2771; fax (425) 227–1181. that accomplishment of the replacement of the diagonal brace underwing fitting DEPARTMENT OF TRANSPORTATION SUPPLEMENTARY INFORMATION: A proposal to amend part 39 of the Federal or the clearance adjustment described in Federal Aviation Administration Aviation Regulations (14 CFR part 39) to Boeing Service Bulletin 747–57–2288, include an airworthiness directive (AD) Revision 1, dated June 26, 1997, is 14 CFR Part 39 that is applicable to certain Boeing acceptable for compliance with the Model 747–100, –200, and 747SP series requirements of paragraph (d) of this [Docket No. 98±NM±339±AD; Amendment airplanes was published in the Federal AD. Accordingly, a new NOTE 3 has 39±11582; AD 2000±03±22] Register on August 31, 1999 (64 FR been added to this final rule. However, RIN 2120±AA64 47440). That action proposed to require the FAA finds that accomplishment of repetitive detailed visual and ultrasonic such replacement or clearance Airworthiness Directives; Boeing inspections to detect missing, damaged, adjustment in accordance with the Model 747±100, ±200, and 747SP or broken taperlock bolts in the diagonal original issue of Boeing Service Bulletin Series Airplanes brace underwing fittings; and corrective 747–57–2288, dated September 15, actions, if necessary. That action also 1994, is not acceptable for compliance AGENCY: Federal Aviation with paragraph (d) of this AD, because Administration, DOT. proposed to require eventual replacement of the aft 10 taperlock bolts that service bulletin does not specify to ACTION: Final rule. with new bolts as terminating action for replace the taperlock bolts that are SUMMARY: This amendment adopts a the repetitive inspections. subject to this AD. new airworthiness directive (AD), Comments Request to Clarify ‘‘Spares’’ Paragraph applicable to certain Boeing Model 747– Interested persons have been afforded One commenter requests that the FAA 100, –200, and 747SP series airplanes, revise paragraph (e) of the NPRM to that requires repetitive detailed visual an opportunity to participate in the making of this amendment. Due change the words ‘‘on any airplane’’ to and ultrasonic inspections to detect ‘‘on any Boeing 747 airplane that is missing, damaged, or broken taperlock consideration has been given to the comments received. listed in the effectivity of [Boeing bolts in the diagonal brace underwing Service Bulletin] 747–57A2308.’’ The fittings; and corrective actions, if Support for the Proposal commenter states that an operator was necessary. This AD also requires One commenter supports the confused about the meaning of the eventual replacement of the aft 10 proposed rule. paragraph as it is phrased in the NPRM. taperlock bolts with new bolts, which The FAA concurs with the intent of Request to Reference Other constitutes terminating action for the the commenter’s request. The FAA Terminating Action repetitive inspections. This amendment acknowledges that the language used in is prompted by reports of damaged, One commenter requests that the FAA the NPRM may confuse some operators. broken, and corroded taperlock bolts of revise the notice of proposed Therefore, paragraph (e) of this final the diagonal brace underwing fittings on rulemaking (NPRM) to reference rule has been revised to state that, ‘‘. . . the outboard strut due to stress accomplishment of Boeing Service no person shall install a bolt, part corrosion cracking. The actions Bulletin 747–57–2288 as terminating number BACB30PE( ) * ( ), or any other specified by this AD are intended to action for the repetitive inspection bolt made of 4340, 8740, or PH13–8 Mo prevent loss of the underwing fitting requirements proposed in the NPRM. steel, in the locations specified in this load path due to missing, damaged, or The commenter states that AD, on any airplane listed in the broken taperlock bolts, which could accomplishment of the replacement of applicability of this AD.’’ result in separation of the engine and the diagonal brace underwing fitting in strut from the airplane. accordance with Figures 5 through 9 of Request to Revise Estimated Cost of DATES: Effective March 28, 2000. that service bulletin, or the clearance Terminating Action The incorporation by reference of adjustment in accordance with Figure One commenter requests that the FAA certain publications listed in the 10 of that service bulletin, includes revise the estimated cost of the regulations is approved by the Director replacement of the same taperlock bolts terminating action, as quoted in the of the Federal Register as of March 28, with new bolts as described in the proposed rule. The commenter points 2000. NPRM and in Boeing Alert Service out that the number of work hours for ADDRESSES: The service information Bulletin 747–57A2308, dated August 6, accomplishment of the terminating referenced in this AD may be obtained 1998 (which was referenced as the action stated in the NPRM (i.e., 8 work
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Adoption of the Amendment supplemented with a direct source of good Spares lighting at intensity deemed appropriate by Accordingly, pursuant to the (e) As of the effective date of this AD, no the inspector. Inspection aids such as mirror, person shall install a bolt, part number authority delegated to me by the magnifying lenses, etc., may be used. Surface BACB30PE() * (), or any other bolt made of Administrator, the Federal Aviation cleaning and elaborate access procedures 4340, 8740, or PH13–8 Mo steel, in the Administration amends part 39 of the may be required.’’ locations specified in this AD, on any Federal Aviation Regulations (14 CFR (2) Perform an ultrasonic inspection to airplane listed in the applicability of this AD. detect damaged or broken taperlock bolts in part 39) as follows: Alternate Method of Compliance the diagonal brace underwing fitting at the PART 39ÐAIRWORTHINESS Number 1 and Number 4 pylons. (f) An alternative method of compliance or DIRECTIVES adjustment of the compliance time that Corrective Actions provides an acceptable level of safety may be 1. The authority citation for part 39 (b) If any missing, damaged, or broken used if approved by the Manager, Seattle continues to read as follows: taperlock bolt is detected during any ACO. Operators shall submit their requests through an appropriate FAA Principal Authority: 49 U.S.C. 106(g), 40113, 44701. inspection required by paragraph (a) of this AD, prior to further flight, perform the Maintenance Inspector, who may add § 39.13 [Amended] applicable corrective actions (i.e., inspection, comments and then send it to the Manager, drill/ream, and replacement) in accordance Seattle ACO. 2. Section 39.13 is amended by with Boeing Alert Service Bulletin 747– Note 4: Information concerning the adding the following new airworthiness 57A2308, dated August 6, 1998; except as existence of approved alternative methods of directive: provided in paragraph (c) of this AD. compliance with this AD, if any, may be 2000–03–22 Boeing: Amendment 39–11582. Replacement of any taperlock bolt with a obtained from the Seattle ACO. Docket 98–NM–339–AD. new bolt in accordance with this paragraph Special Flight Permits Applicability: Model 747–100, –200, and constitutes terminating action for the 747SP series airplanes; line numbers 1 repetitive inspections required by paragraph (g) Special flight permits may be issued in through 567 inclusive; equipped with (a) of this AD for that bolt only. accordance with sections 21.197 and 21.199 aluminum diagonal brace underwing fittings; (c) If any crack is detected during the of the Federal Aviation Regulations (14 CFR certificated in any category. inspection required by paragraph (b) of this 21.197 and 21.199) to operate the airplane to a location where the requirements of this AD Note 1: This AD applies to each airplane AD and the damage to a bolt hole exceeds can be accomplished. identified in the preceding applicability first oversize (for 0.5-inch bolts) or second provision, regardless of whether it has been oversize (for 0.4375-inch bolts); and the Incorporation by Reference modified, altered, or repaired in the area service bulletin specifies to contact Boeing for appropriate action: Prior to further flight, (h) Except as provided in paragraph (c) of subject to the requirements of this AD. For this AD, the actions shall be done in airplanes that have been modified, altered, or repair in accordance with a method approved by the Manager, Seattle Aircraft Certification accordance with Boeing Alert Service repaired so that the performance of the Bulletin 747–57A2308, dated August 6, 1998. requirements of this AD is affected, the Office (ACO), FAA, Transport Airplane Directorate; or in accordance with a Boeing This incorporation by reference was owner/operator must request approval for an approved by the Director of the Federal Company Designated Engineering alternative method of compliance in Register in accordance with 5 U.S.C. 552(a) Representative who has been authorized by accordance with paragraph (f) of this AD. The and 1 CFR part 51. Copies may be obtained the Manager, Seattle ACO, to make such request should include an assessment of the from Boeing Commercial Airplane Group, P. findings. For a repair method to be approved effect of the modification, alteration, or repair O. Box 3707, Seattle, Washington 98124– by the Manager, Seattle ACO, as required by on the unsafe condition addressed by this 2207. Copies may be inspected at the FAA, AD; and, if the unsafe condition has not been this paragraph, the Manager’s approval letter Transport Airplane Directorate, 1601 Lind eliminated, the request should include must specifically reference this AD. Avenue, SW., Renton, Washington; or at the specific proposed actions to address it. Terminating Action Office of the Federal Register, 800 North Compliance: Required as indicated, unless Capitol Street, NW., suite 700, Washington, (d) Within 48 months after the effective accomplished previously. DC. date of this AD, accomplish the actions To prevent loss of the underwing fitting (i) This amendment becomes effective on required by paragraphs (d)(1) and (d)(2) of load path due to missing, damaged, or broken March 28, 2000. taperlock bolts, which could result in this AD in accordance with Boeing Alert separation of the engine and strut from the Service Bulletin 747–57A2308, dated August Issued in Renton, Washington, on February airplane, accomplish the following: 6, 1998. Accomplishment of the actions 11, 2000. specified in this paragraph constitutes Donald L. Riggin, Repetitive Inspections terminating action for the repetitive Acting Manager, Transport Airplane (a) Prior to the accumulation of 9,000 total inspection requirements of this AD. Directorate, Aircraft Certification Service. flight cycles, or within 18 months after the (1) Prior to accomplishing the replacement [FR Doc. 00–3797 Filed 2–18–00; 8:45 am] effective date of this AD, whichever occurs required by paragraph (d)(2) of this AD, later, accomplish the actions required by perform an open hole high frequency eddy BILLING CODE 4910±13±P paragraphs (a)(1) and (a)(2) of this AD in current inspection to detect cracks at the bolt accordance with Boeing Alert Service hole locations of the aft 10 taperlock bolts. Bulletin 747–57A2308, dated August 6, 1998. If any cracking is detected, prior to further DEPARTMENT OF TRANSPORTATION Thereafter, repeat the inspections at intervals flight, perform applicable corrective actions not to exceed 18 months until in accordance with paragraph (c) of this AD. Federal Aviation Administration accomplishment of the actions specified in (2) Replace the aft 10 taperlock bolts with paragraph (d) of this AD. new bolts in the diagonal brace underwing 14 CFR Part 39 (1) Perform a detailed visual inspection to fitting at the Number 1 and Number 4 pylons. [Docket No. 95±NM±150±AD; Amendment detect missing taperlock bolts in the diagonal Note 3: Accomplishment of the 39±11580; AD 2000±03±20] brace underwing fitting at the Number 1 and replacement of the diagonal brace underwing Number 4 pylons. fitting in accordance with Figures 5 through RIN 2120±AA64 Note 2: For the purposes of this AD, a 9 of Boeing Service Bulletin 747–57–2288, detailed visual inspection is defined as: ‘‘An Revision 1, dated June 26, 1997; or the Airworthiness Directives; Airbus Model intensive visual examination of a specific clearance adjustment in accordance with A300±600 Series Airplanes structural area, system, installation, or Figures 10 through 14 of that service bulletin; assembly to detect damage, failure, or is acceptable for compliance with the AGENCY: Federal Aviation irregularity. Available lighting is normally requirements of paragraph (d) of this AD. Administration, DOT.
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ACTION: Final rule. consideration has been given to the airplanes in long-range operations; such comments received. thresholds will penalize those operators SUMMARY: This amendment adopts a One commenter, an operator, has no by requiring inspections earlier than new airworthiness directive (AD), comments on the proposed necessary. The commenter states that, in applicable to all Airbus Model A300– supplemental NPRM, except to report order to avoid using the current 600 series airplanes, that requires that the ultrasonic inspections have ‘‘adjustment-for-range’’ formula for repetitive ultrasonic inspections to been accomplished on part of its fleet, calculating compliance times, an detect cracks on the forward fittings in with no findings of cracking as yet. alternative method has been developed. the radius of frame 40 adjacent to the This new method will provide constant Clarification of Flight Hour Thresholds tension bolts in the center section of the flight-hour thresholds and intervals in wings, and various follow-on actions. One commenter, the manufacturer, addition to the flight cycle-based This amendment is prompted by reports states that it cannot determine how the thresholds and intervals. The of cracking due to fatigue-related stress flight hour thresholds specified in the commenter proposes to provide these in the radius of frame 40 adjacent to the supplemental NPRM were calculated by additional thresholds to the FAA, tension bolts at the center/outer wing the FAA. The FAA infers that the calculated in accordance with the new junction. The actions specified by this commenter is requesting clarification method. AD are intended to detect and correct regarding the requirement to accomplish The FAA does not concur. The FAA fatigue cracking on the forward fittings the initial inspection at ‘‘7,250 total has reviewed the alternative method in the radius of frame 40 adjacent to the landings or 17,700 total flight hours, proposed by the manufacturer for tension bolts in the center section of the whichever occurs first,’’ as specified in calculating flight-hour thresholds, and wings, which could result in reduced paragraph (a)(1)(i) of the supplemental has discussed the requirements of this structural integrity of the wings. NPRM. AD further with the manufacturer and ´ ´ DATES: Effective March 28, 2000. The FAA herewith provides the with the Direction Generale de requested information. The threshold of The incorporation by reference of l’Aviation Civile (DGAC), which is the 7,600 total landings specified in Airbus certain publications listed in the airworthiness authority for France. The Service Bulletin A300–57–6062, regulations is approved by the Director FAA concurs technically with use of Revision 02, dated January 29, 1997, is of the Federal Register as of March 28, such flight-hour and flight-cycle calculated using the ‘‘adjustment-for- 2000. thresholds and intervals. However, the range’’ formula and a fatigue rating of revised thresholds have not yet been ADDRESSES: The service information 0.13, and is valid for airplanes having referenced in this AD may be obtained made available to the FAA for its an average flight time (AFT) of 2.1 review, and the manufacturer advises from Airbus Industrie, 1 Rond Point hours. (Airbus Service Bulletin A300– Maurice Bellonte, 31707 Blagnac Cedex, that there has been a delay in internal 57–6062, Revision 02, was referenced in review and approval of the thresholds. France. This information may be the supplemental NPRM as the examined at the Federal Aviation The FAA does not consider it appropriate source of service appropriate to further delay issuance of Administration (FAA), Transport information for this AD.) At the time the Airplane Directorate, Rules Docket, this AD while awaiting the receipt of supplemental NPRM was developed, the these data. Therefore, the FAA has 1601 Lind Avenue, SW., Renton, AFT for all Airbus Model A300–600 Washington; or at the Office of the determined that it is necessary to issue airplanes operated in the United States the AD with the currently specified Federal Register, 800 North Capitol was 2.45 hours. The FAA used the 2.45 Street, NW., suite 700, Washington, DC. thresholds. Once revised thresholds are AFT and the ‘‘adjustment-for-range’’ made available, the FAA will review FOR FURTHER INFORMATION CONTACT: formula to obtain an adjustment factor them and determine if further Norman B. Martenson, Manager, appropriate for airplanes on the U.S. rulemaking is necessary. Additionally, International Branch, ANM–116, FAA, Register, as follows: under the provisions of paragraph (d)(1) ¥ ¥ Transport Airplane Directorate, 1601 1 [(2.45 2.1) * 0.13] = 0.9545 of the AD, the FAA may approve Lind Avenue, SW., Renton, Washington 0.9545 7,600 = 7,254. requests for adjustments to the 98055–4056; telephone (425) 227–2110; Additionally, the FAA multiplied the compliance time if data are submitted to fax (425) 227–1149. 2.45 AFT by the adjusted landing substantiate that such adjustments of SUPPLEMENTARY INFORMATION: A threshold to obtain an approximation of the compliance time would provide an proposal to amend part 39 of the Federal the corresponding flight hours, as acceptable level of safety. follows: Aviation Regulations (14 CFR part 39) to Conclusion include an airworthiness directive (AD) 7,254 * 2.45 = 17,773. that is applicable to all Airbus Model Using these calculations, the FAA After careful review of the available A300–600 series airplanes was determined appropriate landing and data, including the comments noted published as a supplemental notice of flight-hour thresholds, previously above, the FAA has determined that air proposed rulemaking (NPRM) in the described, for the requirements of this safety and the public interest require the Federal Register on November 24, 1998 AD. adoption of the rule as proposed. (63 FR 64918). That action proposed to Cost Impact require repetitive ultrasonic inspections Request To Revise Compliance to detect cracks on the forward fittings Threshold The FAA estimates that 35 airplanes in the radius of frame 40 adjacent to the The same commenter requests that the of U.S. registry will be affected by this tension bolts in the center section of the supplemental NPRM be revised to AD. It will take approximately 2 work wings, and various follow-on actions. replace the compliance thresholds with hours per airplane (1 work hour per thresholds calculated using a new side) to accomplish the required Comments method. The commenter states that the ultrasonic inspection, at an average Interested persons have been afforded flight-hour thresholds specified in the labor rate of $60 per work hour. Based an opportunity to participate in the supplemental NPRM seem to be overly on these figures, the cost impact of the making of this amendment. Due conservative for operators utilizing AD on U.S. operators is estimated to be
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$4,200, or $120 per airplane, per provision, regardless of whether it has been inspection, in accordance with the service inspection cycle. modified, altered, or repaired in the area bulletin, thereafter at intervals not to exceed The cost impact figure discussed subject to the requirements of this AD. For 6,500 landings or 16,000 flight hours, above is based on assumptions that no airplanes that have been modified, altered, or whichever occurs first. operator has yet accomplished any of repaired so that the performance of the (2) If any crack is detected during any eddy requirements of this AD is affected, the current inspection performed in accordance the requirements of this AD action, and owner/operator must request approval for an with paragraph (c) or (c)(1) of this AD, prior that no operator would accomplish alternative method of compliance in to further flight, blend out the crack and those actions in the future if this AD accordance with paragraph (d)(1) of this AD. repeat the eddy current inspection in were not adopted. The request should include an assessment of accordance with the service bulletin. the effect of the modification, alteration, or (i) If the eddy current inspection performed Regulatory Impact repair on the unsafe condition addressed by after the blend-out shows that the crack has The regulations adopted herein will this AD; and, if the unsafe condition has not been removed, and if the blend-out is equal not have a substantial direct effect on been eliminated, the request should include to or less than 50 millimeters (mm) long and the States, on the relationship between specific proposed actions to address it. equal to or less than 2 mm deep, thereafter Compliance: Required as indicated, unless repeat the eddy current inspection at the national Government and the States, intervals not to exceed 2,800 landings or or on the distribution of power and accomplished previously. To detect and correct fatigue cracking on 7,000 flight hours, whichever occurs first. responsibilities among the various the forward fittings in the radius of frame 40 (ii) If the eddy current inspection levels of government. Therefore, it is adjacent to the tension bolts in the center performed after the blend-out shows that the determined that this final rule does not section of the wings, which could result in crack has not been removed, or if the blend- have federalism implications under reduced structural integrity of the wings, out is more than 50 mm long or more than Executive Order 13132. accomplish the following: 2 mm deep, prior to further flight, repair in accordance with a method approved by the For the reasons discussed above, I Inspections and Corrective Actions certify that this action (1) is not a Manager, International Branch, ANM–116, FAA, Transport Airplane Directorate; or the ‘‘significant regulatory action’’ under (a) Perform an ultrasonic inspection to ´ ´ detect cracking on the forward fittings in the Direction Generale de l’Aviation Civile (or its Executive Order 12866; (2) is not a radius of frame 40 adjacent to the tension delegated agent). ‘‘significant rule’’ under DOT bolts in the center section of the wings, in Alternative Methods of Compliance Regulatory Policies and Procedures (44 accordance with Airbus Service Bulletin FR 11034, February 26, 1979); and (3) A300–57–6062, Revision 02, dated January (d)(1) An alternative method of compliance will not have a significant economic 29, 1997, at the applicable time specified in or adjustment of the compliance time that impact, positive or negative, on a either paragraph (a)(1) or (a)(2) of this AD. provides an acceptable level of safety may be substantial number of small entities (1) For airplanes that have accumulated used if approved by the Manager, International Branch, ANM–116. Operators under the criteria of the Regulatory fewer than 9,100 total landings or 22,300 total flight hours as of the effective date of shall submit their requests through an Flexibility Act. A final evaluation has this AD: Inspect at the later of the times appropriate FAA Principal Maintenance been prepared for this action and it is specified in either paragraph (a)(1)(i) or Inspector, who may add comments and then contained in the Rules Docket. A copy (a)(1)(ii) of this AD. send it to the Manager, International Branch, of it may be obtained from the Rules (i) Prior to the accumulation of 7,250 total ANM–116. Docket at the location provided under landings or 17,700 total flight hours, (2) Operators may request an extension to the caption ADDRESSES. whichever occurs first. the compliance times of this AD in (ii) Within 1,500 landings after the accordance with the ‘‘adjustment-for-range’’ List of Subjects in 14 CFR Part 39 effective date of this AD. formula found in Paragraph 1.B.(5) of Airbus Air transportation, Aircraft, Aviation (2) For airplanes that have accumulated Service Bulletin A300–57–6062, Revision 02, safety, Incorporation by reference, 9,100 total landings or more and 22,300 total dated January 29, 1997; and provided in flight hours or more as of the effective date A300–600 Maintenance Review Board, Safety. of this AD: Inspect within 750 landings after Section 5, Paragraph 5.4. The average flight Adoption of the Amendment the effective date of this AD. time per flight cycle (landing) in hours used Note 2: Inspections that were in this formula should be for an individual Accordingly, pursuant to the accomplished prior to the effective date of airplane. Average flight time for a group of authority delegated to me by the this AD in accordance with Airbus Service airplanes may be used if all airplanes of the Administrator, the Federal Aviation Bulletin A300–57–6062, Revision 1, dated group have flight times differing by no more Administration amends part 39 of the July 23, 1995, are considered acceptable for than 10 percent. If compliance times are Federal Aviation Regulations (14 CFR compliance with paragraph (a) of this AD. based on the average flight time for a group part 39) as follows: (b) If no crack is detected during the of airplanes, the flight times for individual inspection required by paragraph (a) of this airplanes of the group must be included for PART 39ÐAIRWORTHINESS AD, repeat the ultrasonic inspection required FAA review. DIRECTIVES by that paragraph thereafter at intervals not Note 3: Information concerning the to exceed 6,500 landings or 16,000 flight existence of approved alternative methods of 1. The authority citation for part 39 hours, whichever occurs first; in accordance compliance with this AD, if any, may be continues to read as follows: with Airbus Service Bulletin A300–57–6062, obtained from the International Branch, Revision 02, dated January 29, 1997. ANM–116. Authority: 49 U.S.C. 106(g), 40113, 44701. (c) If any crack is detected during any Special Flight Permits § 39.13 [Amended] inspection required by paragraph (a) or (b) of this AD, prior to further flight, install an (e) Special flight permits may be issued in 2. Section 39.13 is amended by access door, and perform an eddy current accordance with sections 21.197 and 21.199 adding the following new airworthiness inspection to confirm the presence of a crack; of the Federal Aviation Regulations (14 CFR directive: in accordance with Airbus Service Bulletin 21.197 and 21.199) to operate the airplane to A300–57–6062, Revision 02, dated January a location where the requirements of this AD 2000–03–20 Airbus Industrie: Amendment 29, 1997. Accomplishment of this eddy can be accomplished. 39–11580. Docket 95–NM–150–AD. current inspection terminates the repetitive Applicability: All Model A300–600 inspection requirement of paragraph (b) of Incorporation by Reference airplanes, certificated in any category. this AD. (f) Except as required by (c)(2)(ii) of this Note 1: This AD applies to each airplane (1) If no crack is detected during the eddy AD, the actions shall be done in accordance identified in the preceding applicability current inspection, repeat the eddy current with Airbus Service Bulletin A300–57–6062,
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Revision 02, dated January 29, 1997, which contains the specified effective pages:
Revision level Date shown on Page No. shown on page page
1±34, 37 ...... 02 ...... Jan. 29, 1999 35, 36 ...... 1 ...... Jul. 23, 1995
This incorporation by reference was prevent interference between the Support for the Proposal approved by the Director of the Federal landing gear control lever and wire Register in accordance with 5 U.S.C. 552(a) Two commenters concur with the bundles adjacent to the landing gear proposal. Another commenter states that and 1 CFR part 51. Copies may be obtained control lever module, and to prevent from Airbus Industrie, 1 Rond Point Maurice it is not affected by the proposal, as the Bellonte, 31707 Blagnac Cedex, France. wire chafing and arcing between the proposed actions have been Copies may be inspected at the FAA, landing gear control cable and adjacent accomplished for its fleet. Transport Airplane Directorate, 1601 Lind wire bundles, which could result in the Avenue, SW., Renton, Washington; or at the inability to extend the landing gear prior Request to Clarify Wire Bundle Office of the Federal Register, 800 North to landing. Interference Capitol Street, NW., suite 700, Washington, DATES: Effective March 28, 2000. One commenter, the manufacturer, DC. recommends clarification of the The incorporation by reference of Note 4: The subject of this AD is addressed description of wire bundle interference certain publications listed in the in French airworthiness directive 95–063– in the Summary and Discussion sections regulations is approved by the Director 177(B)R3, dated July 2, 1997. of the proposed rule. The notice of of the Federal Register as of March 28, (g) This amendment becomes effective on proposed rulemaking (NPRM) describes March 28, 2000. 2000. two incidents on in-service Model 767 Issued in Renton, Washington, on February ADDRESSES: The service information series airplanes. In the first incident, the 11, 2000. referenced in this AD may be obtained expando sleeve on a wire bundle Donald L. Riggin, from Boeing Commercial Airplane adjacent to the landing gear lever Acting Manager, Transport Airplane Group, P.O. Box 3707, Seattle, mechanism in the flight deck became Directorate, Aircraft Certification Service. Washington 98124–2207. This caught on the lever mechanism such [FR Doc. 00–3796 Filed 2–18–00; 8:45 am] information may be examined at the that the lever could not be moved from BILLING CODE 4910±13±P FAA, Transport Airplane Directorate, the UP position, and the gear was 1601 Lind Avenue, SW., Renton, extended by depressurizing the center Washington; or at the Office of the hydraulic system. The commenter DEPARTMENT OF TRANSPORTATION Federal Register, 800 North Capitol contends that interference of the wire Street, NW., suite 700, Washington, DC. bundle expando sleeve with the landing Federal Aviation Administration gear control lever did not result in the FOR FURTHER INFORMATION CONTACT: Elias Natsiopoulos, Aerospace Engineer, wires for the alternate extension system 14 CFR Part 39 interfering and arcing with the landing Systems and Equipment Branch, ANM– gear UP cable. Such interference and [Docket No. 98±NM±193±AD; Amendment 130S, FAA, Transport Airplane arcing are unrelated events. The contact 39±11581; AD 2000±03±21] Directorate, Seattle Aircraft Certification with the gear UP cable was solely the Office, 1601 Lind Avenue, SW., Renton, RIN 2120±AA64 result of the amount of slack in the wire Washington 98055–4056; telephone bundle itself. The only wire bundle long Airworthiness Directives; Boeing (425) 227–1279; fax (425) 227–1181. enough to reach the gear UP cable is the Model 767 Series Airplanes SUPPLEMENTARY INFORMATION: A one that contains wires for the alternate AGENCY: Federal Aviation proposal to amend part 39 of the Federal extension system. Administration, DOT. Aviation Regulations (14 CFR part 39) to In the second incident, which was an ACTION: Final rule. include an airworthiness directive (AD) unrelated incident, a wire bundle that is applicable to certain Boeing containing wires for the alternate SUMMARY: This amendment adopts a Model 767 series airplanes was extension system chafed on the landing new airworthiness directive (AD), published in the Federal Register on gear UP cable, causing arcing and failure applicable to certain Boeing Model 767 February 17, 1999 (64 FR 7829). That of the gear UP cable; however, the series airplanes, that requires a one-time action proposed to require a one-time landing gear was extended at the time detailed visual inspection to detect inspection to detect discrepancies of the and gear extension capability was still discrepancies of the wire expando wire expando sleeve of the wire bundles available through the gear DOWN cable. sleeve of the wire bundles adjacent to adjacent to the landing gear control The commenter contends that the the landing gear control lever module; lever module; certain follow-on actions inability to extend the landing gear also certain follow-on actions and repair, if and repair, if necessary; and wrapping is not an issue if the landing gear had necessary; and wrapping the wire the wire expando sleeve with tape, or been UP and locked; the landing gear expando sleeve with tape, or with with zippertubing and tape. will extend. If the landing gear had been zippertubing and tape. This amendment Comments retracted when the UP cable was is prompted by reports indicating that severed, and assuming that the alternate the landing gear failed to extend on an Interested persons have been afforded extension system had been rendered in-service airplane, and that the landing an opportunity to participate in the inoperative due to the arcing, the gear control cable was severed on a making of this amendment. Due normal extension system is available. second in-service airplane. The actions consideration has been given to the When gear DOWN is selected, the specified by this AD are intended to comments received. landing gear selector valve will move to
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Request To Add a Phrase to the Regulatory Impact owner/operator must request approval for an Proposed AD alternative method of compliance in The regulations adopted herein will accordance with paragraph (b) of this AD. One commenter states that it has not have substantial direct effects on the The request should include an assessment of reviewed the proposed NPRM and, States, on the relationship between the the effect of the modification, alteration, or having already commenced embodiment national government and the States, or repair on the unsafe condition addressed by of Boeing Service Bulletin 767– on the distribution of power and this AD; and, if the unsafe condition has not 32A0163, would like to see the words responsibilities among the various been eliminated, the request should include specific proposed actions to address it. ‘‘unless previously accomplished’’ levels of government. Therefore, in accordance with Executive Order 12612, Compliance: Required as indicated, unless inserted before paragraph (a) of the accomplished previously. proposed NPRM. it is determined that this final rule does not have sufficient federalism To prevent interference between the The FAA points out that operators are landing gear control lever and wire bundles always given credit for work implications to warrant the preparation adjacent to the landing gear control lever accomplished previously, and that the of a Federalism Assessment. module, and to prevent wire chafing and For the reasons discussed above, I compliance statement of an AD includes arcing between the landing gear control cable certify that this action (1) is not a the phrase ‘‘Required as indicated, and adjacent wire bundles, which could ‘‘significant regulatory action’’ under result in the inability to extend the landing unless accomplished previously.’’ Executive Order 12866; (2) is not a gear prior to landing, accomplish the Therefore, no change to the final rule is ‘‘significant rule’’ under DOT following: necessary. Regulatory Policies and Procedures (44 Detailed Visual Inspection Explanation of Changes Made to the FR 11034, February 26, 1979); and (3) (a) Within 90 days after the effective date Proposal will not have a significant economic of this AD, perform a one-time detailed impact, positive or negative, on a visual inspection to detect discrepancies (i.e., The FAA has clarified the inspection substantial number of small entities requirements by specifying a ‘‘detailed cut, abrasion, fraying, and arcing) of the wire under the criteria of the Regulatory expando sleeve of the wire bundles adjacent visual inspection’’ rather than an Flexibility Act. A final evaluation has to the landing gear control lever module, in ‘‘inspection,’’ which was cited in the been prepared for this action and it is accordance with Boeing Alert Service Summary of the NPRM, or a ‘‘visual contained in the Rules Docket. A copy Bulletin 767–32A0163, dated March 5, 1998, inspection,’’ which was cited in of it may be obtained from the Rules or Boeing Service Bulletin 767–32A0163, Revision 1, dated October 1, 1998. paragraphs (a), (a)(2), and (a)(2)(ii) of the Docket at the location provided under proposed AD. In addition, in the final Note 2: For the purposes of this AD, a the caption ‘‘ADDRESSES.’’ rule Note 2 has been added to clarify the detailed visual inspection is defined as: ‘‘An definition of a detailed visual List of Subjects in 14 CFR Part 39 intensive examination of a specific structural area, system, installation, or assembly to inspection. The final rule has been Air transportation, Aircraft, Aviation changed accordingly. detect damage, failure, or irregularity. safety, Incorporation by reference, Available lighting is normally supplemented Conclusion Safety. with a direct source of good lighting at an Adoption of the Amendment intensity deemed appropriate by the After careful review of the available inspector. Inspection aids such as mirrors, data, including the comments noted Accordingly, pursuant to the magnifying lenses, etc. may be used. Surface above, the FAA has determined that air authority delegated to me by the cleaning and elaborate access procedures safety and the public interest require the Administrator, the Federal Aviation may be required.’’ adoption of the rule with the changes Administration amends part 39 of the Note 3: Boeing Service Bulletin 767– previously described. The FAA has Federal Aviation Regulations (14 CFR 32A0163, Revision 1, dated October 1, 1998, determined that these changes will part 39) as follows: specifies the preferred procedures for neither increase the economic burden separating the wire bundles into two groups on any operator nor increase the scope PART 39ÐAIRWORTHINESS for wrapping, which is an easier method for of the AD. DIRECTIVES accomplishing those actions. Cost Impact 1. The authority citation for part 39 Follow-On Actions, Repair, and Wire continues to read as follows: Wrapping There are approximately 666 Model (1) If no discrepancy of the wire expando 767 series airplanes of the affected Authority: 49 U.S.C. 106(g), 40113, 44701. sleeve is detected, prior to further flight, design in the worldwide fleet. The FAA § 39.13 [Amended] wrap the wire expando sleeve in accordance estimates that 268 airplanes of U.S. with the alert service bulletin or Revision 1. registry will be affected by this AD, that 2. Section 39.13 is amended by (2) If any discrepancy of the wire expando it will take approximately 1 work hour adding the following new airworthiness sleeve is detected, prior to further flight, per airplane to accomplish the required directive: perform a detailed visual inspection to detect actions, and that the average labor rate discrepancies of the varglas layer, in 2000–03–21 Boeing: Amendment 39–11581. accordance with the alert service bulletin or is $60 per work hour. The cost of Docket 98–NM–193–AD. Revision 1. required parts are nominal. Based on Applicability: Model 767 airplanes, as (i) If no discrepancy of the varglas layer is these figures, the cost impact of the AD listed in Boeing Service Bulletin 767– detected, prior to further flight, repair and on U.S. operators is estimated to be 32A0163, Revision 1, dated October 1, 1998; wrap the wire expando sleeve in accordance $16,080, or $60 per airplane. certificated in any category. with the alert service bulletin or Revision 1. The cost impact figure discussed Note 1: This AD applies to each airplane (ii) If any discrepancy of the varglas layer above is based on assumptions that no identified in the preceding applicability is detected, prior to further flight, perform a provision, regardless of whether it has been detailed visual inspection to detect operator has yet accomplished any of modified, altered, or repaired in the area discrepancies of the wire bundles, in the requirements of this AD action, and subject to the requirements of this AD. For accordance with the alert service bulletin or that no operator would accomplish airplanes that have been modified, altered, or Revision 1. those actions in the future if this AD repaired so that the performance of the (A) If no discrepancy of the wire bundles were not adopted. requirements of this AD is affected, the is detected, prior to further flight, rewrap the
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Model Serial Nos.
172R ...... 17280001 through 17280830. 172S ...... 172S8001 through 172S8324, 172S8326 through 172S8333, 172S8340, 172S8342, 172S8344, 172S8345, and 172S8347. 182S ...... 18280001 through 18280660. 206H ...... 20608001 through 20608053, 20608055 through 20608071, and 20608073 through 20608076. T206H ...... T20608001 through T20608093, T20608095 through T20608103, T20608105 through T20608131, T20608133 through T20608137, T20608139, T20608141, T20608144, and T20608145.
What are the consequences if the Relevant Service Information —Inspecting the oil pressure switch to condition is not corrected?: Failure of Is there service information that determine if the oil pressure switch is the engine oil pressure switch applies to this subject?: Yes. Cessna has P/N 77041 or P/N 83278; and diaphragm results in loss of engine oil issued Service Bulletin No. SB00–79– —Replacing any P/N 77041 oil pressure through the vent hole. This could lead 01, dated January 31, 2000. switch with a P/N 83278 switch. to partial or complete loss of engine What are the provisions of this service power. bulletin?: The service bulletin specifies and includes procedures for accomplishing the following:
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The FAA’s Determination and an docket number and submit your levels of government. Therefore, the Explanation of the Provisions of the AD comments in triplicate to the address FAA has determined that this final rule What has the FAA decided?: After specified under the caption ADDRESSES. does not have federalism implications examining the circumstances and The FAA will consider all comments under Executive Order 13132. reviewing all available information received on or before the closing date. The FAA has determined that this related to the incidents described above, We may amend this rule in light of regulation is an emergency regulation including the relevant service comments received. Factual information that must be issued immediately to information, the FAA has determined that supports your ideas and suggestions correct an unsafe condition in aircraft, that: is extremely helpful in evaluating the and is not a significant regulatory action effectiveness of the AD action and —An unsafe condition exists or could under Executive Order 12866. It has determining whether we need to take develop on Cessna Models 172R, been determined further that this action additional rulemaking action. 172S, 182S, 206H, and T206H involves an emergency regulation under The FAA is re-examining the writing DOT Regulatory Policies and Procedures airplanes; style we currently use in regulatory —The actions of the above-referenced (44 FR 11034, February 26, 1979). If it documents, in response to the service bulletin should be is determined that this emergency Presidential memorandum of June 1, accomplished on the affected regulation otherwise would be 1998. That memorandum requires airplanes; and significant under DOT Regulatory —AD action should be taken in order to federal agencies to communicate more Policies and Procedures, a final prevent loss of engine oil through the clearly with the public. We are regulatory evaluation will be prepared failure of the oil pressure switch interested in your comments on whether and placed in the Rules Docket diaphragm, which could result in the style of this document is clearer, and (otherwise, an evaluation is not partial or complete loss of engine any other suggestions you might have to required). A copy of it, if filed, may be power. improve the clarity of FAA obtained from the Rules Docket. communications that affect you. You What does this AD require?: This AD can get more information about the List of Subjects in 14 CFR Part 39 requires you to accomplish the Presidential memorandum and the plain following: Air transportation, Aircraft, Aviation language initiative at http:// safety, Incorporation by reference, —Inspect the oil pressure switch to www.plainlanguage.gov. Safety. determine if the oil pressure switch is The FAA specifically invites P/N 77041 or P/N 83278; and comments on the overall regulatory, Adoption of the Amendment —Replace any P/N 77041 oil pressure economic, environmental, and energy switch with a P/N 83278 switch. aspects of the rule that might suggest a Accordingly, pursuant to the What is the compliance time of this need to modify the rule. You may authority delegated to me by the AD?: Within the next 25 hours time-in- examine all comments we receive before Administrator, the Federal Aviation service (TIS) after the effective date of and after the closing date of the rule in Administration amends part 39 of the this AD. the Rules Docket. We will file a report Federal Aviation Regulations (14 CFR Will the public have the opportunity in the Rules Docket that summarizes part 39) as follows: to comment prior to the issuance of the each FAA contact with the public that PART 39ÐAIRWORTHINESS rule?: No. Since a situation exists that concerns the substantive parts of this DIRECTIVES requires the immediate adoption of this AD. regulation, the FAA finds that notice If you want us to acknowledge the 1. The authority citation for part 39 and opportunity for public prior receipt of your comments, you must continues to read as follows: comment hereon are impracticable, and include a self-addressed, stamped that good cause exists for making this postcard. On the postcard, write Authority: 49 U.S.C. 106(g), 40113, 44701. amendment effective in less than 30 ‘‘Comments to Docket No. 2000–CE–07– § 39.13 [Amended] days. AD.’’ We will date stamp and mail the postcard back to you. 2. Section 39.13 is amended by Comments Invited adding a new airworthiness directive Although this action is in the form of Regulatory Impact (AD) to read as follows: a final rule and was not preceded by These regulations will not have a 2000–04–01 Cessna Aircraft Company: notice and opportunity for public substantial direct effect on the States, on Amendment 39–11583; Docket No. comment, the FAA invites comments on the relationship between the national 2000–CE–07–AD. this rule. You may submit whatever Government and the States, or on the (a) What airplanes are affected by this AD?: written data, views, or arguments you distribution of power and The following model and serial number choose. You need to include the rule’s responsibilities among the various airplanes, certificated in any category:
Model Serial Nos.
172R ...... 17280001 through 17280830. 172S ...... 172S8001 through 172S8324, 172S8326 through 172S8333, 172S8340, 172S8342, 172S8344, 172S8345, and 172S8347. 182S ...... 18280001 through 18280660. 206H ...... 20608001 through 20608053, 20608055 through 20608071, and 20608073 through 20608076. T206H ...... T20608001 through T20608093, T20608095 through T20608103, T20608105 through T20608131, T20608133 through T20608137, T20608139, T20608141, T20608144, and T20608145.
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(b) Who must comply with this AD?: engine oil through the vent hole. This could if it is part-number (P/N) 77041 (or FAA- Anyone who wishes to operate any of the lead to partial or complete loss of engine approved equivalent part number) or P/N above airplanes on the U.S. Register. power. 83278 (or FAA-approved equivalent part (c) What problem does this AD address?: (d) What must I do to address this number). Then accomplish the following, as The actions of this AD are intended to problem?: Within the next 25 hours time-in- applicable: prevent failure of the engine oil pressure service after the effective date of this AD, switch diaphragm, which results in loss of inspect the oil pressure switch to determine
If Then
P/N 77041 (or FAA-approved equivalent part number) oil pressure 1. Prior to further flight after inspection, replace this switch with a P/N switch is installed, 83278 (or FAA-approved equivalent part number) oil pressure switch; and 2. As of the effective date of this AD, do not install a P/N 77041 (or FAA-approved equivalent part number) oil pressure switch on any af- fected airplane. P/N 83278 (or FAA-approved equivalent part number) oil pressure No further action is required by this AD except that, as of the effective switch is installed, date of this AD, do not install a P/N 77041 (or FAA-approved equiva- lent part number) oil pressure switch on any affected airplane.
(e) What procedures must be used to Director of the Federal Register approved this the pneumatic deicing boots for those accomplish the actions of this AD?: You must incorporation by reference under 5 U.S.C. airplanes equipped with ‘‘modern’’ use the procedures in Cessna Service Bulletin 552(a) and 1 CFR part 51. You can get copies boots. This amendment is prompted by SB00–79–01, dated January 31, 2000, to from the Cessna Aircraft Company, Product reports of inflight incidents and an accomplish this action. Support, P.O. Box 7706, Wichita, Kansas (f) Can I comply with this AD in any other 67277. You can look at copies at the FAA, accident that occurred in icing way?: Yes. Central Region, Office of the Regional conditions where the airframe (1) You may use an alternative method of Counsel, 901 Locust, Room 506, Kansas City, pneumatic deicing boots were not compliance or adjust the compliance time if: Missouri, or at the Office of the Federal activated. The actions specified by this (i) Your alternative method of compliance Register, 800 North Capitol Street, NW, suite AD are intended to ensure that provides an equivalent level of safety; and 700, Washington, DC. flightcrews activate the pneumatic wing (ii) The Manager, Wichita Aircraft (j) When does this amendment become and tail deicing boots at the first signs Certification Office (ACO), approves your effective?: This amendment becomes effective of ice accumulation. This action will alternative. Submit your request through an on March 11, 2000. FAA Principal Maintenance Inspector, who prevent reduced controllability of the may add comments and then send it to the Issued in Kansas City, Missouri, on aircraft due to adverse aerodynamic Manager, Wichita ACO. February 11, 2000. effects of ice adhering to the airplane (2) This AD applies to each airplane Michael K. Dahl, prior to the first deicing cycle. identified in the preceding applicability Acting Manager, Small Airplane Directorate, EFFECTIVE DATE: Effective March 28, provision, regardless of whether it has been Aircraft Certification Service. modified, altered, or repaired in the area 2000. [FR Doc. 00–3794 Filed 2–18–00; 8:45 am] subject to the requirements of this AD. For ADDRESSES: Information pertaining to airplanes that have been modified, altered, or BILLING CODE 4910±13±P this amendment may be examined at the repaired so that the performance of the Federal Aviation Administration (FAA), requirements of this AD is affected, the Transport Airplane Directorate, Rules owner/operator must request approval for an DEPARTMENT OF TRANSPORTATION alternative method of compliance in Docket, 1601 Lind Avenue, SW., accordance with paragraph (f)(1) of this AD. Federal Aviation Administration Renton, Washington; or at the FAA, The request should include an assessment of Transport Airplane Directorate, Los the effect of the modification, alteration, or 14 CFR Part 39 Angeles Aircraft Certification Office, repair on the unsafe condition addressed by 3960 Paramount Boulevard, Lakewood, this AD; and, if you have not eliminated the [Docket No. 99±NM±139±AD; Amendment California. unsafe condition, specific actions you 39±11585; AD 2000±04±03] FOR FURTHER INFORMATION CONTACT: propose to address it. RIN 2120±AA64 (g) Where can I get information about any Albert Lam, Aerospace Engineer, Systems and Equipment Branch, ANM– already-approved alternative methods of Airworthiness Directives; McDonnell compliance?: Contact Paul Pendleton, 130L, FAA, Transport Airplane Aerospace Engineer, Wichita Aircraft Douglas Models DC±3 and DC±4 Series Directorate, Los Angeles Aircraft Certification Office, FAA, 1801 Airport Road, Airplanes Certification Office, 3960 Paramount Mid-Continent Airport, Wichita, Kansas AGENCY: Federal Aviation Boulevard, Lakewood, California 67209; telephone: (316) 946–4143; facsimile: Administration, DOT. 90712–4137; telephone (562) 627–5346; (316) 946–4407. fax (562) 627–5210. (h) What if I need to fly the airplane to ACTION: Final rule. another location to comply with this AD?: SUPPLEMENTARY INFORMATION: A The FAA can issue a special flight permit SUMMARY: This amendment adopts a proposal to amend part 39 of the Federal under sections 21.197 and 21.199 of the new airworthiness directive (AD), Aviation Regulations (14 CFR part 39) to Federal Aviation Regulations (14 CFR 21.197 applicable to certain McDonnell include an airworthiness directive (AD) and 21.199) to operate your airplane to a Douglas Models DC–3 and DC–4 series that is applicable to certain McDonnell location where you can accomplish the airplanes that requires an inspection to Douglas Models DC–3 and DC–4 series requirements of this AD. determine the type of airframe airplanes was published as a (i) Are any service bulletins incorporated into this AD by reference?: Yes. Actions pneumatic deicing boots installed. This supplemental notice of proposed required by this AD must be done in amendment also requires revising the rulemaking (NPRM) in the Federal accordance with Cessna Service Bulletin Airplane Flight Manual (AFM) to Register on November 18, 1999 (64 FR SB00–79–01, dated January 31, 2000. The include requirements for activation of 62993). That action proposed to require
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(d) This amendment becomes effective on Cameron Balloons, P.O. Box 3672, Ann Cameron Balloons Alert Service March 28, 2000. Arbor, Michigan 46106; telephone: (734) Bulletin 5: This service information Issued in Renton, Washington, on February 426–5525; facsimile: (734) 426–5026. applies to any aircraft (specifically 14, 2000. You may examine this information at balloons) that incorporate one of the Donald L. Riggin, the FAA, Central Region, Office of the affected titanium propane cylinders, Acting Manager, Transport Airplane Regional Counsel, Attention: Rules and specifies the following: Directorate, Aircraft Certification Service. Docket No. 2000–CE–08–AD, 901 —Tanks must not be refilled after [FR Doc. 00–3885 Filed 2–18–00; 8:45 am] Locust, Room 506, Kansas City, February 29, 2000. Missouri 64106; or at the Office of the BILLING CODE 4910±13±U —Tanks must be emptied of all fuel and Federal Register, 800 North Capitol depressurized by February 29, 2000. Street, NW, suite 700, Washington, DC. —Tanks must be returned, empty and DEPARTMENT OF TRANSPORTATION FOR FURTHER INFORMATION CONTACT: depressurized, to the Cameron Roger Chudy, Aerospace Engineer, FAA, Federal Aviation Administration Balloons U.S. factory no later than Small Airplane Directorate, 901 Locust, February 29, 2000. Room 301, Kansas City, Missouri 64106; 14 CFR Part 39 telephone: (816) 329–4140; facsimile: The Foreign Airworthiness Authority’s [Docket No. 2000±CE±08±AD; Amendment (816) 329–4090. Action 39±11594; AD 2000±04±12] SUPPLEMENTARY INFORMATION: What action did the CAA take?: The RIN 2120±AA64 Discussion CAA did the following in order to assure the continued airworthiness of Airworthiness Directives; Cameron What events have caused this AD?: aircraft (specifically balloons) that Balloons Ltd. (Thunder & Colt) The Civil Aviation Authority (CAA), incorporate these titanium propane Titanium Propane Cylinders, Part which is the airworthiness authority for cylinders in the United Kingdom: Number (P/N) CB2380 and P/N CB2383 the United Kingdom, recently notified the FAA that an unsafe condition may —Classified the actions specified in AGENCY: Federal Aviation exist on aircraft (specifically balloons) Cameron Balloons Ltd. and Thunder Administration, DOT. that incorporate certain Cameron & Colt Alert Service Bulletin SB8, ACTION: Final rule; request for Balloons Ltd. (Thunder and Colt) dated January 28, 2000, as mandatory; comments. titanium propane cylinders, part and number (P/N) CB2380 and P/N CB2383. —Issued United Kingdom AD 001–01– SUMMARY: This amendment adopts a The CAA advises that fatigue may 2000, dated January 31, 2000. new airworthiness directive (AD) that cause the longitudinal weld on these Was this in accordance with the applies to all aircraft (specifically titanium propane cylinders to crack. bilateral airworthiness agreement?: Yes. balloons) that incorporate certain This would cause the propane fuel to Pursuant to the applicable bilateral Cameron Balloons Ltd. (Thunder and leak from these cylinders. airworthiness agreement, the CAA has Colt) titanium propane cylinders, part What are the consequences if the kept the FAA informed of the situation number (P/N) CB2380 and P/N CB2383. condition is not corrected?: This described above. This AD requires that you remove from condition, if not corrected, could lead to service any of the affected titanium a propane explosion and fire. The FAA’s Determination and an propane cylinders and replace each Explanation of the Provisions of the AD Relevant Service Information affected cylinder with an FAA-approved What has the FAA decided?: After Is there service information that airworthy propane cylinder. This AD is examining the circumstances and applies to this subject?: Yes. The the result of mandatory continuing reviewing all available information following service bulletins address this airworthiness information (MCAI) related to the incidents described above issue: issued by the airworthiness authority for including that received from the CAA, the United Kingdom. The actions —Cameron Balloons Ltd. and Thunder the FAA has determined that: specified by this AD are intended to & Colt has issued Alert Service prevent titanium propane cylinders Bulletin SB8, dated January 28, 2000; —An unsafe condition exists or could from cracking and releasing propane gas and develop on aircraft (specifically vapor while the balloon is in service. —Cameron Balloons Alert Service balloons) that incorporate certain This could result in a propane explosion Bulletin 5, dated February 2, 2000. Cameron Balloons Ltd. (Thunder and Colt) titanium propane cylinders, P/N and fire. What are the provisions of these CB2380 and P/N CB2383; DATES: Effective March 13, 2000. service bulletins?: The applicability and The FAA must receive any comments provisions of these service bulletins are —The affected titanium propane on this rule on or before April 17, 2000. as follows: cylinders should be removed from service; and ADDRESSES: Submit comments in Cameron Balloons Ltd. and Thunder triplicate to the Federal Aviation & Colt Alert Service Bulletin SB8: This —AD action should be taken to prevent Administration (FAA), Central Region, service information applies to any titanium propane cylinders from Office of the Regional Counsel, aircraft (specifically balloons) that cracking and releasing propane gas Attention: Rules Docket No. 2000–CE– incorporate one of the affected titanium vapor while the balloon is in service. 08–AD, 901 Locust, Room 506, Kansas propane cylinders, and specifies the This could result in a propane City, Missouri 64106. following: explosion and fire. You may get the service information —Cylinders must not be refilled. What does this AD require?: This AD referenced in this AD from Cameron —Cylinders must be emptied of all fuel requires that you remove from service Balloons Ltd/Thunder and Colt, St. and depressurized within 7 days. any of the affected titanium propane Johns Street, Bedminster, Bristol; BS3 —Cylinders must be returned to cylinders and replace each affected 4NH; telephone: +44 (0)117 9637216; Cameron Balloons factory after cylinder with an FAA-approved facsimile: +44 (0)177 966168; or emptying. airworthy propane cylinder.
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Compliance Time of This AD improve the clarity of FAA PART 39ÐAIRWORTHINESS What is the compliance time of this communications that affect you. You DIRECTIVES AD?: Within 14 calendar days after the can get more information about the Presidential memorandum and the plain 1. The authority citation for part 39 effective date of this AD. continues to read as follows: Why is the compliance time in language initiative at http:// calendar time instead of hours time-in- www.plainlanguage.gov. Authority: 49 U.S.C. 106(g), 40113, 44701. The FAA specifically invites service?: The FAA has determined that comments on the overall regulatory, § 39.13 [Amended] a calendar time for compliance is economic, environmental, and energy 2. Section 39.13 is amended by necessary because the unsafe condition aspects of the rule that might suggest a adding a new airworthiness directive described by this AD is not directly need to modify the rule. You may (AD) to read as follows: related to titanium propane cylinder examine all comments we receive before 2000–04–12 Cameron Balloons LTD/ use. The chance of this situation and after the closing date of the rule in occurring is the same for aircraft with 10 Thunder and Colt: Amendment 39–11594; the Rules Docket. We will file a report Docket No. 2000–CE–08–AD. hours time-in-service (TIS) that in the Rules Docket that summarizes incorporate a titanium propane cylinder (a) What aircraft are affected by this AD?: each FAA contact with the public that Any aircraft (specifically balloons), as it is for aircraft with 500 hours TIS concerns the substantive parts of this certificated in any category, that incorporate that incorporate a titanium propane AD. at least one of the following titanium propane cylinder. If you want us to acknowledge the cylinders: For this reason, the FAA has receipt of your comments, you must determined that a compliance based on include a self-addressed, stamped Part No. Serial No. calendar time should be utilized in this postcard. On the postcard, write AD in order to assure that the unsafe CB2380 .... All serial numbers up to and in- ‘‘Comments to Docket No. 2000–CE–08– cluding BT0143 condition is addressed in a reasonable AD.’’ We will date stamp and mail the time period on aircraft that incorporate CB2383 .... All serial numbers up to and in- postcard back to you. cluding BT0076 at least one of the affected titanium Regulatory Impact propane cylinders. (b) Who must comply with this AD?: Will the public have the opportunity These regulations will not have a Anyone who wishes to operate an aircraft to comment prior to the issuance of the substantial direct effect on the States, on (specifically balloons) that: rule?: No. Since a situation exists that the relationship between the national (1) Is certificated in any category and listed requires the immediate adoption of this Government and the States, or on the on the U.S. Register; and regulation, the FAA finds that notice distribution of power and (2) Incorporates at least one of the above- and opportunity for public prior responsibilities among the various referenced titanium propane cylinders. comment hereon are impracticable, and levels of government. Therefore, the (c) What problem does this AD address?: The actions specified by this AD are intended that good cause exists for making this FAA has determined that this final rule amendment effective in less than 30 to prevent titanium propane cylinders from does not have federalism implications cracking and releasing propane gas vapor days. under Executive Order 13132. while the balloon is in service. This could Comments Invited The FAA has determined that this result in a propane explosion and fire. regulation is an emergency regulation (d) What must I do to address this Although this action is in the form of that must be issued immediately to problem?: To address this problem, you must a final rule and was not preceded by correct an unsafe condition in aircraft, accomplish the following actions: notice and opportunity for public and is not a significant regulatory action (1) Within the next 14 calendar days after comment, the FAA invites comments on under Executive Order 12866. We the effective date of this AD, you must this rule. You may submit whatever determined that this action involves an remove from service any of the titanium propane cylinders listed in paragraph (a) of written data, views, or arguments you emergency regulation under DOT choose. You need to include the rule’s this AD and replace each affected cylinder Regulatory Policies and Procedures (44 with an FAA-approved airworthy propane docket number and submit your FR 11034, February 26, 1979). If the cylinder that is not listed in paragraph (a) of comments in triplicate to the address FAA determines that this emergency this AD; and specified under the caption regulation otherwise would be (2) As of the effective date of this AD, you ‘‘ADDRESSES.’’ The FAA will consider all significant under DOT Regulatory must not incorporate, an any aircraft comments received on or before the Policies and Procedures, we will (specifically balloons), any titanium propane closing date. We may amend this rule in prepare a final regulatory evaluation cylinder listed in paragraph (a) of this AD. light of comments received. Factual and place it in the Rules Docket (e) What specific procedures must I use to accomplish the action?: No procedures are information that supports your ideas (otherwise, an evaluation is not and suggestions is extremely helpful in necessary to remove the titanium propane required). You may obtain a copy of this cylinders from operation. However, the evaluating the effectiveness of the AD evaluation, if filed, from the Rules following contains information you should action and determining whether we Docket. use when handling these titanium propane need to take additional rulemaking cylinders: action. List of Subjects in 14 CFR Part 39 (1) Instructions for handling and The FAA is re-examining the writing Air transportation, Aircraft, Aviation exchanging the affected titanium propane style we currently use in regulatory safety, Safety. cylinders are included in Cameron Balloons documents, in response to the Ltd. and Thunder & Colt Alert Service Adoption of the Amendment Presidential memorandum of June 1, Bulletin SB8, dated January 28, 2000. 1998. That memorandum requires Accordingly, pursuant to the (2) The current applicable Department of Transportation (DOT) regulations (49 CFR federal agencies to communicate more authority delegated to me by the part 171, et. seq.) shall be utilized when clearly with the public. We are Administrator, the Federal Aviation handling or shipping hazardous materials interested in your comments on whether Administration amends part 39 of the associated with titanium propane cylinders. the style of this document is clearer, and Federal Aviation Regulations (14 CFR (f) Can I comply with this AD in any other any other suggestions you might have to part 39) as follows: way?: Yes.
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(1) You may use an alternative method of DEPARTMENT OF TRANSPORTATION The FAA has determined that this compliance or adjust the compliance time if: regulation only involves an established (i) Your alternative method of compliance Federal Aviation Administration body of technical regulations for which provides an equivalent level of safety; and frequent and routine amendments are (ii) The Manager, Small Airplane 14 CFR Part 71 necessary to keep them operationally Directorate, approves your alternative. [Airspace Docket No. 99±ASO±28] current. It, therefore, (1) is not a Submit your request through an FAA ‘‘significant regulatory action’’ under Principal Maintenance Inspector, who may Establishment of Class D Airspace, Executive Order 12866; (2) is not a add comments and then send it to the Amendment of Class D Airspace; Key ‘‘significant rule’’ under DOT Manager. West, FL Regulatory Policies and Procedures (44 (2) This AD applies to any titanium FR 11034; February 26, 1979); and (3) propane cylinder referenced in the AGENCY: Federal Aviation does not warrant preparation of a Applicability section of this AD, regardless of Administration (FAA), DOT. regulatory evaluation as the anticipated whether it has been modified, altered, or ACTION: Final rule. impact is so minimal. Since this is a repaired in the area subject to the routine matter that will only affect air requirements of this AD. For those titanium SUMMARY: This action amends Class D traffic procedures and air navigation, it propane cylinders that have been modified, airspace at Key West International is certified that this rule will not have altered, or repaired so that the performance Airport, FL, and establishes Class D a significant economic impact on a of the requirements of this AD is affected, the airspace at Key West NAS. As a result substantial number of small entities owner/operator must request approval for an of this action, the Key West under the criteria of the Regulatory alternative method of compliance in International Airport Class D airspace Flexibility Act. accordance with paragraph (f)(1) of this AD. area will be reduced concurrent with The request should include an assessment of the establishment of the Class D List of Subjects in 14 CFR Part 71 the effect of the modification, alteration, or airspace at Key West NAS. repair on the unsafe condition addressed by Airspace, Incorporation by reference, EFFECTIVE DATE: 0901 UTC, April 20, Navigation (air). this AD; and, if you have not eliminated the 2000. unsafe condition, specific actions you Adoption of the Amendment propose to address it. FOR FURTHER INFORMATION CONTACT: (g) Where can I get information about any Nancy B. Shelton, Manager, Airspace In consideration of the foregoing, the already-approved alternative methods of Branch, Air Traffic Division, Federal Federal Aviation Administration compliance?: Contact the Small Airplane Aviation Administration, P.O. Box amends 14 CFR Part 71 as follows: Directorate, 901 Locust, Room 301, Kansas 20636, Atlanta, Georgia 30320; City, Missouri 64106; telephone: (816) 329– telephone (404) 305–5627. PART 71ÐDESIGNATION OF CLASS A, 4140; facsimile: (816) 329–4090. SUPPLEMENTARY INFORMATION: CLASS B, CLASS C, CLASS D AND (h) Who should I contact if I have questions CLASS E AIRSPACE AREAS; History regarding the service information?: Direct all AIRWAYS; ROUTES; AND REPORTING questions or technical information related to On January 5, 2000, the FAA POINTS Cameron Balloons Ltd and Thunder & Colt proposed to amend part 71 of the Alert Service Bulletin SB8, dated January 28, Federal Aviation Regulations (14 CFR 1. The authority citation for 14 CFR 2000, to Cameron Balloons Ltd/Thunder and part 71) by amending Class D airspace Part 71 continues to read as follows: Colt, St. Johns Street, Bedminster, Bristol; at Key West International Airport, FL, BS3 4NH; telephone: +44 (0)117 9637216; Authority: 49 U.S.C. 106(g); 40103, 40113, and establishing Class D airspace at Key 40120; EO 10854, 24 FR 9565, 3 CFR, 1959– facsimile: +44 (0)177 966168; or Cameron West NAS, (65 FR 402). This action 1963 Comp., p. 389; 14 CFR 11.69. Balloons U.S., Ann Arbor, Michigan 46106; reduces the size of the Key West telephone: (734) 426–5525; facsimile: (734) International Airport Class D airspace § 71.1 [Amended] 426–5026. You may examine this service area concurrent with the establishment information at the FAA, Central Region, of the Key West NAS Class D airspace 2. The incorporation by reference in Office of the Regional Counsel, 901 Locust, area. Designations for Class D airspace 14 CFR 71.1 of Federal Aviation Room 506, Kansas City, Missouri 64106. extending upward from the surface of Administration Order 7400.9G, Airspace (i) Has another airworthiness authority the earth are published in FAA Order Designations and Reporting Points, addressed this action?: Yes. The subject of 7400.9G, dated September 1, 1999, and dated September 1, 1999, and effective this AD is addressed in United Kingdom AD effective September 16, 1999, which is September 16, 1999, is amended as 001–01–2000, dated January 31, 2000. incorporated by reference in 14 CFR follows: (j) When does this amendment become part 71.1. The Class D designatons listed Paragraph 5000 Class D Airspace. effective?: This amendment becomes effective in this document will be published on March 13, 2000. * * * * * subsequently in the Order. Issued in Kansas City, Missouri, on Interested parties were invited to ASO FL D Key West NAS, FL [New] February 15, 2000. participate in this rulemaking Key West NAS, FL ° ′ ″ ° ′ ″ Michael Gallagher, proceeding by submitting written (Lat. 24 34 33 N, long. 81 41 20 W) comments on the proposal to the FAA. Key West International Airport Manager, Small Airplane Directorate, Aircraft (Lat 24°33′23″N, long. 81°45′34″W) Certification Service. No comments objecting to the proposal were received. That airspace extending upward from the [FR Doc. 00–4070 Filed 2–18–00; 8:45 am] surface to and including 2,500 feet MSL BILLING CODE 4910±13±P The Rule within a 5.3-mile radius of Key West NAS, excluding that airspace within the Key West This amendment to Part 71 of the International Airport Class D airspace area. Federal Aviation Regulations (14 CFR This Class D airspace area is effective during part 71) amends Class D airspace at Key the specific days and times established in West International Airport, FL, and advance by a Notice to Airmen. The effective establishes airspace at Key West NAS. days and times will thereafter by
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For the reasons set forth in the Authority: 5 U.S.C. 5738; 20 U.S.C. 905(a); Federal Marginal Tax Rates by Earned preamble, 41 CFR part 302–11 is E.O. 11609, 36 FR 13747, 3 CFR, 1971–1975 Income Level and Filing Status-Tax Year amended as follows: Comp., p. 586. 1999 2. Appendixes A, B, C, and D to part The following table is to be used to PART 302±11ÐRELOCATION INCOME 302–11 are amended by adding a new determine the Federal marginal tax rate for TAX (RIT) ALLOWANCE table at the end of each appendix, Year 1 for computation of the RIT allowance respectively, to read as follows: as prescribed in § 302–11.8(e)(1). This table 1. The authority citation for 41 CFR is to be used for employees whose Year 1 Appendix A to Part 302–11-Federal Tax part 302–11 continues to read as occurred during calendar year 1999. Tables For RIT Allowance follows: * * * * *
Single taxpayer Heads of household Married filing jointly/ Married filing qualifying widows and separately widowers Marginal tax rate (percent) But not But not Over over Over over But not Over But not Over over over
15 ...... $7,288 $33,937 $13,132 $48,851 $17,078 $62,143 $8,480 $30,536 28 ...... 33,937 73,812 48,851 109,613 62,143 128,360 30,536 61,844 31 ...... 73,812 145,735 109,613 177,494 128,360 185,189 61,844 95,644 36 ...... 145,735 300,782 177,494 324,383 185,189 309,316 95,644 164,417 39.6 ...... 300,782 ...... 324,383 ...... 309,316 ...... 164,417 ......
Appendix B to Part 302–11—State Tax State Marginal Tax Rates by Earned Income calculation of the RIT allowance as Tables For RIT Allowance Level—Tax Year 1999 prescribed in § 302–11.8(e)(2). This table is to The following table is to be used to be used for employees who received covered * * * * * taxable reimbursements during calendar year determine the State marginal tax rates for 1999.
Marginal tax rates (stated in percents) for the earned income amounts specified In each column 1,2
$20,000± $25,000± $50,000± $75,000 and State (or district) $24,999 $49,999 $74,999 over
Alabama ...... 5 5 5 5 Alaska ...... 0 0 0 0 Arizona ...... 2.87 3.2 3.74 5.04 Arkansas ...... 4.5 7 7 7 If single status 3 ...... 6 7 7 7 California ...... 2 4 8 9.3 If single status 3 ...... 4 8 8 9.3 Colorado ...... 4.75 4.75 4.75 4.75 Connecticut ...... 4.5 4.5 4.5 4.5 Delaware ...... 5.2 5.95 6.4 6.4 District of Columbia ...... 8 9.5 9.5 9.5 Florida ...... 0 0 00 Georgia ...... 6 6 6 6 Hawaii ...... 7.2 8.2 8.75 8.75 If single status 3 ...... 8.2 8.75 8.75 8.75 Idaho ...... 7.88.28.28.2 Illinois ...... 3333 Indiana ...... 3.4 3.4 3.4 3.4 Iowa ...... 6.48 7.92 8.98 8.98 If single status 3 ...... 6.8 7.92 8.98 8.98 Kansas ...... 3.5 6.25 6.25 6.45 If single status 3 ...... 4.1 7.75 7.75 7.75 Kentucky ...... 6 6 6 6 Louisiana ...... 2 4 4 6 If single status 3 ...... 4 4 6 6 Maine ...... 4.5 7 8.5 8.5 If single status 3 ...... 8.5 8.5 8.5 8.5 Maryland ...... 4.8 4.8 4.8 4.8 Massachusetts ...... 5.95 5.95 5.95 5.95 Michigan ...... 4.3 4.3 4.3 4.3 Minnesota ...... 5.5 7.25 7.25 8 If single status 3 ...... 7.25 7.25 8 8 Mississippi ...... 5 5 5 5 Missouri ...... 6 6 6 6 Montana ...... 6 9 10 11 Nebraska ...... 3.65 5.24 6.99 6.99 If single status 3 ...... 5.24 6.99 6.99 6.99 Nevada ...... 0 0 0 0
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Marginal tax rates (stated in percents) for the earned income amounts specified In each column 1,2 $20,000± $25,000± $50,000± $75,000 and State (or district) $24,999 $49,999 $74,999 over
New Hampshire ...... 0 0 0 0 New Jersey ...... 1.4 1.75 2.45 6.37 If single status 3 ...... 1.4 3.5 5.525 6.37 New Mexico ...... 3.2 6 7.1 8.2 If single status 3 ...... 6 7.1 7.9 8.2 New York ...... 4 5.25 6.85 6.85 If single status 3 ...... 5.25 6.85 6.85 6.85 North Carolina ...... 6 7 7 7.75 North Dakota ...... 6.67 9.331212 If single status 3 ...... 8 10.67 12 12 Ohio ...... 2.694 4.040 4.715 6.799 Oklahoma ...... 5 6.75 6.75 6.75 If single status 3 ...... 6.75 6.75 6.75 6.75 Oregon ...... 9 9 9 9 Pennsylvania ...... 2.8 2.8 2.8 2.8 Rhode Island 4 ...... 26 26 26 26 South Carolina ...... 7 7 7 7 South Dakota ...... 0 0 0 0 Tennessee ...... 0 0 0 0 Texas ...... 0 0 0 0 Utah ...... 7 7 77 Vermont 5 ...... 24 24 24 24 Virginia ...... 5 5.75 5.75 5.75 Washington ...... 0 0 0 0 West Virginia ...... 4 4.5 6 6.5 Wisconsin ...... 6.37 6.77 6.77 6.77 Wyoming ...... 0 0 0 0 1 Earned income amounts that fall between the income brackets shown in this table (e.g., $24,999.45, $49,999.75) should be rounded to the nearest dollar to determine the marginal tax rate to be used in calculating the RIT allowance. 2 If the earned income amount is less than the lowest income bracket shown in this table, the employing agency shall establish an appropriate marginal tax rate as provided in § 302±11.8(e)(2)(ii). 3 This rate applies only to those individuals certifying that they will file under a single status within the States where they will pay income taxes. All other taxpayers, regardless of filing status, will use the other rate shown. 4 The income tax rate for Rhode Island is 26 percent of Federal income tax liability for all employees. Rates shown as a percent of Federal in- come tax liability must be converted to a percent of income as provided in § 302±11.8(e)(2)(iii). 5 The income tax rate for Vermont is 24 percent of Federal income tax liability for all employees. Rates shown as a percent of Federal income tax liability must be converted to a percent of income as provided in § 302±11.8(e)(2)(iii).
Appendix C to Part 302–11—Tax Tables Federal Marginal Tax Rates by Earned Year 2 for computation of the RIT allowance For RIT Allowance—Year 2 Income Level and Filing Status—Tax Year as prescribed in § 302–11.8(e)(1). This table 2000 is to be used for employees whose Year 1 * * * * * The following table is to be used to occurred during calendar years 1990, 1991, 1992, 1993, 1994, 1995, 1996, 1997, 1998, or determine the Federal marginal tax rate for 1999.
Single taxpayer Heads of household Married filing jointly/ Married filing qualifying widows and separately widowers Marginal tax rate (percent) But not But not Over over Over over But not Over But not Over over over
15 ...... $7,417 $34,638 $13,375 $49,734 $17,421 $63,297 $8,603 $31,342 28 ...... 34,638 75,764 49,734 113,413 63,297 131,334 31,342 63,448 31 ...... 75,764 148,990 113,413 180,742 131,334 189,826 63,448 99,219 36 ...... 148,990 306,111 180,742 326,450 189,826 315,957 99,219 170,524 39.6 ...... 306,111 ...... 326,450 ...... 315,957 ...... 170,524 ......
Appendix D to Part 302–11—Puerto Puerto Rico Marginal Tax Rates by Earned for computation of the RIT allowance as Rico Tax Tables for RIT Allowance Income Level—Tax Year 1999 prescribed in § 302–11.8(e)(4)(i). * * * * * The following table is to be used to determine the Puerto Rico marginal tax rate
Single filing status Any other filing status Marginal tax rate (percent) Over But not over Over But not over
12 ...... $25,000 18 ...... $25,000 ......
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Single filing status Any other filing status Marginal tax rate (percent) Over But not over Over But not over
31 ...... $25,000 50,000 $25,000 50,000 33 ...... 50,000 ...... 50,000 ......
Dated: February 14, 2000. Because of staffing and resource made based on 80 percent of the DME David J. Barram, limitations, we cannot accept comments fee schedule amount. Since payment for Administrator of General Services. by facsimile (FAX) transmission. in DME provided by HHAs is no longer [FR Doc. 00–4059 Filed 2–18–00; 8:45 am] commenting, please refer to file code based on the lesser of reasonable cost or BILLING CODE 6820±24±P HCFA–1860–FC. reasonable charges, the LCC principle is Comments received timely will be no longer applicable to DME provided available for public inspection as they by HHAs. Therefore, all regulation DEPARTMENT OF HEALTH AND are received, generally beginning sections referring to the application of HUMAN SERVICES approximately 3 weeks after publication the LCC principle to DME provided by of a document, in Room 443–G of the HHAs are being deleted. Health Care Financing Administration Department’s offices at 200 Independence Avenue, SW, II. Provisions of the Final Regulations 42 CFR Part 413 Washington, DC, on Monday through In § 413.13 we clarified the language, Friday of each week from 8:30 a.m. to making the following changes: [HCFA±1860±FC] 5:00 p.m. (Phone (202) 690–7890). In paragraph (a), we removed the definition of ‘‘provider with a Medicare Program; Payment Amount if FOR FURTHER INFORMATION CONTACT: Ward Pleines, (410) 786–4528. significant portion of low-income Customary Charges are Less Than patients’’ (the term is explained in the SUPPLEMENTARY INFORMATION: Reasonable Costs: Technical one place it is used), simplified the Amendments I. Background definitions of ‘‘fair compensation’’, and AGENCY: Health Care Financing While the Medicare program’s Lower added definitions of ‘‘customary Administration (HCFA), HHS. of Cost or Charges (LCC) principle is charges’’ ‘‘nominal charge’’, and ACTION: Final rule with comment period. mandated by sections 1814(b) and ‘‘reasonable cost’. 1833(a)(2) of the Social Security Act (the In paragraph (b)(1), we removed the SUMMARY: In accordance with HCFA’s Act), the inclusion of the carryover last sentence and, (as throughout the regulatory burden reduction program, provision in the regulations at 42 CFR section), any provisions that expired 10 this technical regulation modifies or 413.13(h) was not required by the law. or more years ago and all beginning removes from regulations language that When we believed that the provider dates earlier than 1989. references the following aspects of the community had sufficient experience In paragraph (c), we removed Medicare program: with the LCC principle to warrant the paragraph (c)(2)(iii). Wherever appropriate, we added The Lower of Cost or Charges (LCC) elimination of the carryover provision, descriptive headings to paragraph carryover provision; this provision was we amended the regulations to permit subdivisions. removed from HCFA regulations several the carryover of unreimbursed costs years ago. We removed paragraphs (g) and (h). only for cost reporting periods starting The paragraph (g)(2) rule (separate The application of the LCC principle on or after January 1, 1974 (the start of to durable medical equipment (DME) consideration of Part A and Part B the LCC principle) but before April 28, services) which is the only part of furnished by home health agencies 1988 (the elimination of the carryover (HHAs); these items are now paid in paragraph (g) which is not obsolete now provision). This change was appears in paragraph (b)(1) of the accordance with a fee schedule. accomplished through the publication DATES: Effective Date: These regulations section. of a final regulation in the Federal In § 413.134, we have removed are effective on March 23, 2000. Register at 53 FR 10077, published Comments must be submitted on or paragraph (k) because it is no longer March 29, 1988. We now believe that applicable. We have also redesignated before March 23, 2000. sufficient time has passed since the paragraph (l) as paragraph (k). ADDRESSES: Mail written comments (one publication of the revision eliminating In § 413.153, we have removed original and three copies) to the the carryover provision so that it is no paragraph (e) because it is no longer Following address ONLY: Health Care longer necessary to maintain any applicable. We have also redesignated Financing Administration, Department reference to the carryover provision in paragraph (f) as paragraph (e). of Health and Human Services, the regulations. Accordingly, we have Attention: HCFA–1860–FC, PO Box deleted sections referring to the LCC III. Collection of Information 8013, Baltimore, MD 21244–1850. carryover provision from the Requirements If you prefer, you may deliver your regulations. This document does not impose written comments (one original and Section 4062(b) of the Omnibus information collection and three copies) to one of the following Reconciliation Act of 1987 (Public Law recordkeeping requirements. addresses: Room 443–G, Hubert H. 100–203) added section 1834 to the Act. Consequently, it need not be reviewed Humphrey Building, 200 Independence Section 1834(a) provides for payment by the Office of Management and Avenue, SW, Washington, DC, or C5– for durable medical equipment (DME) at Budget under the authority of the 14–03, Central Building, 7500 Security 80 percent of the lesser of the actual Paperwork Reduction Act of 1995. Boulevard, Baltimore, MD 21244–1850. charge for the item or the payment Comments mailed to those addresses amount recognized under the DME fee IV. Regulatory Impact Statement may be delayed and could be schedule. For nominal charge Home We have examined the impact of this considered late. Health Agencies (HHAs), payment is rule as required by Executive Order
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(E.O.) 12866 and the Regulatory affect the rights, roles, and beneficiaries and other paying patients Flexibility Act (RFA) (Public Law 96– responsibilities of States. for the services furnished to them. 354). E.O. 12866 directs agencies to Fair compensation means the V. Waiver of Proposed Rulemaking assess all costs and benefits of available reasonable cost of covered services. regulatory alternatives and, when We ordinarily publish a notice of Nominal charge means a charge equal regulation is necessary, to select proposed rulemaking in the Federal to 60 percent or less of the reasonable regulatory approaches that maximize Register and invite public comment on cost of a service. net benefits, including potential a proposed rule. The notice of proposed Public provider means a provider economic, environmental, public health rulemaking includes a reference to the operated by a Federal, State, county, and safety effects, distributive impacts, legal authority under which the rule is city, or other local government agency and equity. proposed, the terms and substance of or instrumentality. The RFA (5 U.S.C. 601 through 612) the proposed rule and a description of Reasonable cost means cost actually requires agencies to analyze options for the subjects and issues involved. This incurred, to the extent that cost is regulatory relief for small entities. procedure can be waived, however, if an necessary for the efficient delivery of Consistent with the RFA, we prepare a agency finds good cause that a notice- the service, and subject to the regulatory flexibility analysis unless we and-comment procedure is exclusions specified in paragraph (d) of certify that a rule will not have a impracticable, unnecessary, or contrary this section. significant economic impact on a to the public interest and incorporates a (b) Application of the lesser of costs substantial number of small entities. For statement of the finding and its reasons or charges (LCC) principle.—(1) General purposes of the RFA, we treat most in the rule issued. rule. Except as provided in paragraph (c) hospitals and most other providers, The changes made by this rule are of this section, HCFA pays providers the physicians, health care suppliers, technical and editorial in nature and do lesser of the reasonable cost or the carriers, and intermediaries as small not alter the substance of the regulation. customary charges for services entities, either by nonprofit status or by It clarifies several portions of § 413.13 furnished to Medicare beneficiaries. having revenues of $5 million or less and removes provisions that have not Reasonable cost and customary charges annually. Individuals and States are not been in effect for several years. are compared separately for Part A included in the definition of a small Therefore, we find good cause to services and Part B services. entity. waive the notice of proposed (2) Example. (i) A provider’s Also, section 1102(b) of the Act rulemaking and to issue this final rule reasonable cost for covered services requires us to prepare a regulatory on an interim basis. For the same furnished to Medicare beneficiaries impact analysis if a rule may have a reason, we believe that we have good during a cost reporting period is significant impact on the operations of cause to dispense with the usual 30-day $125,000. a substantial number of small rural delay in the effective date of a rule, and (ii) The provider’s customary charges hospitals. That analysis must conform to believe that this rule should become for those services is $110,000. the provisions of section 604 of the effective immediately upon publication. (iii) HCFA pays the provider $110,000 RFA. For purposes of section 1102(b) of We are providing a 60-day comment less the deductible and coinsurance the Act, we define a small rural hospital period for public comment. amounts for which the beneficiaries are as a hospital that is located outside of responsible. a Metropolitan Statistical Area and has List of Subjects in 42 CFR Part 413 (c) Exceptions to the LCC principle. fewer than 50 beds. Health facilities, Kidney diseases, (1) Providers not subject to the LCC The Unfunded Mandates Reform Act Medicare, Puerto Rico, Reporting and principle. of 1995 requires (in section 202) that recordkeeping requirements. HCFA pays the following providers agencies prepare an assessment of 42 CFR part 413 is amended as the fair compensation for the services anticipated costs and benefits for any follows: they furnish: rule that may result in a mandated (i) CORFs. expenditure in any one year by State, PART 413ÐPRINCIPLES OF (ii) Public providers that furnish local, and tribal governments, in the REASONABLE COST services free of charge or at a nominal aggregate or by both the private sector, REIMBURSEMENT; PAYMENT FOR charge. of $100 million. This rule has no END-STAGE RENAL DISEASE (iii) Any provider that requests mandated consequential effect on State, SERVICES; OPTIONAL payment of fair compensation and can local, or tribal governments, or the PROSPECTIVELY DETERMINED demonstrate to its intermediary that a private sector and will not create an PAYMENT RATES FOR SKILLED significant portion of its patients are low unfunded mandate. NURSING FACILITIES income and that its charges are less than We have not prepared a regulatory costs because its customary practice is flexibility analysis because we have 1. The authority citation for part 413 to charge patients on the basis of their determined and we certify that these continues to read as follows: ability to pay. rules will not have a significant Authority: Secs. 1102, 1861(v)(1)(A), and (2) Services not subject to the LCC economic impact on a substantial 1871 of the Social Security Act (42 U.S.C. principle. The following services are not number of small entities or a significant 1302, 1395x(v)(1)(A), and 1395hh). subject to the LCC principle: impact on the operation of a substantial 2. Section 413.13 is revised to read as (i) Part A inpatient hospital services. number of small rural hospitals. follows: Inpatient hospital services are not In accordance with the provisions of subject to the LCC principle if they are Executive Order 12866, this rule was § 413.13 Amount of payment if customary subject to either of the following: not reviewed by the Office of charges for services furnished are less than (A) The prospective payment system Management and Budget. reasonable costs. under part 412 of this chapter. We have reviewed this final rule (a) Definitions. As used in this (B) The rate of increase limits set forth under the threshold criteria of Executive section— in § 413.40. Order 13132, Federalism. We have Customary charges means the regular (ii) Facility services related to determined that it does not significantly rates that providers charge both ambulatory surgical procedures
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Community Current effective State/location No. Effective date of eligibility map date
New EligiblesÐEmergency Program Washington: Garfield, county of, unincorporated areas 530047 Dec. 1, 1999 ...... Nov. 15, 1977. Utah: Monticello, city of, San Juan County ...... 490212 Dec. 6, 1999 ...... Dec. 24, 1976. Tennessee: Overton, county of, unincorporated areas 470362 Dec. 9, 1999 ...... Jan. 13, 1978. Michigan: Brandon, township of, Oakland County ...... 261031 Dec. 17, 1999 ...... Ensley, township of, Newaygo County ...... 261042 ...... do ...... Iowa: Delhi, city of, Delaware County ...... 190566 ...... do ...... Mar. 19, 1976. Cerro Gordo, county of, unincorporated areas ...... 190853 Dec. 29, 1999 ...... June 7, 1977. Texas: Schulenburg, city of, Fayette County ...... 481134 Jan. 5, 2000 ...... June 25, 1976. New EligiblesÐRegular Program Tennessee: Plainview, city of, Union County ...... 470417 Dec. 9, 1999 ...... July 16, 1990. Reinstatement Indiana: New Castle, city of, Henry County ...... 180092 Sept. 4, 1987, Reg.; Sept. 4, 1987, Susp.; Dec. 17, Sept. 4, 1987. 1999, Reg.; Dec. 17, 1999, Rein. Regular Program Conversions Region II New York: Sloatsburg, village of, Rockland County ..... 360690 Dec. 1, 1999, Suspension Withdrawn ...... Dec. 1, 1999. Region I Rhode Island: North Providence, town of, Providence 440020 Dec. 6, 1999, Suspension Withdrawn ...... Dec. 6, 1999. County. Region III Philadelphia: Smithfield, township of, Monroe County .. 421896 ...... do ...... Do. Region V Michigan: Nashville, village of, Barry County ...... 260902 ...... do ...... Do. Northville, city of, Wayne & Oakland Counties ...... 260235 ...... do ...... Do. Ohio: Bay Village, city of, Cuyahoga County ...... 390093 ...... do ...... Do. Wisconsin: Ozaukee County, unincorporated areas ...... 550310 ...... do ...... Do. Saukville, village of, Ozaukee County ...... 550317 ...... do ...... Do. Region VI Oklahoma: Lincoln County, unincorporated areas ...... 400457 ...... do ...... Do. Texas: Midland, city of, Midland County ...... 480477 ...... do ...... Do. Midland County, unincorporated areas ...... 481239 ...... do ...... Do. Odessa, city of, Midland County ...... 480206 ...... do ...... Do.
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Community Current effective State/location No. Effective date of eligibility map date
Region VII Iowa: Ankeny, city of, Polk County ...... 190226 ...... do ...... Do. Missouri: Foristell, city of, St. Charles County ...... 290902 ...... do ...... Do. Lee's Summit, city of, Jackson & Cass Counties .. 290174 ...... do ...... Do. Nebraska: Albion, city of, Boone County ...... 310009 ...... do ...... Do. Boone County, unincorporated areas ...... 310008 ...... do ...... Do. Petersburg, village of, Boone County ...... 310308 ...... do ...... Do. St. Edward, village of, Boone County ...... 310010 ...... do ...... Do. Region VIII Utah: Santa Clara, town of, Washington County ...... 490178 ...... do ...... Do. Region X Alaska: Kenai Peninsula, borough of ...... 020012 ...... do ...... Do. Washington: Kittitas County, unincorporated areas ...... 530095 ...... do ...... Do. Region I Vermont: Bellows Falls, village of, Windham County ...... 500125 Dec. 20, 1999 Suspension Withdrawn ...... Dec. 20, 1999. Rockingham, town of, Windham County ...... 500135 ...... do ...... Do. Springfield, town of, Windsor County ...... 500154 ...... do ...... Do. Thetford, town of, Orange County ...... 500075 ...... do ...... Do. Region IV South Carolina: Hollywood, town of, Charleston County ...... 450037 ...... do ...... Do. Ravenel, town of, Charleston County ...... 450043 ...... do ...... Do. Tennessee: Lincoln County, unincorporated areas ...... 470104 ...... do ...... Do. Petersburg, town of, Lincoln County ...... 470106 ...... do ...... Do. Region V Minnesota: Sauk Rapids, city of Benton County ...... 270023 ...... do ...... Do. Wisconsin: Grant County, unincorporated areas ...... 555557 ...... do ...... Do. 1 The City of Plainview adopted the Union County Flood Insurance Rate Map (CID #470194) dated 07/16/90, panel 0100B. Code for reading third column: Emerg.ÐEmergency; Reg.ÐRegular; Rein.ÐReinstatement; Susp.ÐSuspension; With.ÐWithdrawn; NSFHAÐ Non Special Flood Hazard Area.
(Catalog of Federal Domestic Assistance No. the program. If the Federal Emergency administer local floodplain management 83.100, ‘‘Flood Insurance.’’) Management Agency (FEMA) receives aimed at protecting lives and new Issued: February 8, 2000. documentation that the community has construction from future flooding. Michael J. Armstrong, adopted the required floodplain Section 1315 of the National Flood Associate Director for Mitigation. management measures prior to the Insurance Act of 1968, as amended, 42 U.S.C. 4022, prohibits flood insurance [FR Doc. 00–4074 Filed 2–18–00; 8:45 am] effective suspension date given in this rule, the suspension will be withdrawn coverage as authorized under the BILLING CODE 6718±05±P by publication in the Federal Register. National Flood Insurance Program, 42 EFFECTIVE DATES: The effective date of U.S.C. 4001 et seq., unless an FEDERAL EMERGENCY each community’s suspension is the appropriate public body adopts MANAGEMENT AGENCY third date (‘‘Susp.’’) listed in the third adequate floodplain management column of the following tables. measures with effective enforcement measures. The communities listed in 44 CFR Part 64 ADDRESSES: If you wish to determine this document no longer meet that [Docket No. FEMA±7729] whether a particular community was statutory requirement for compliance suspended on the suspension date, with program regulations, 44 CFR part Suspension of Community Eligibility contact the appropriate FEMA Regional 59 et seq. Accordingly, the communities Office or the NFIP servicing contractor. AGENCY: Federal Emergency will be suspended on the effective date Management Agency, FEMA. FOR FURTHER INFORMATION CONTACT: in the third column. As of that date, Robert F. Shea Jr., Division Director, ACTION: Final rule. flood insurance will no longer be Program Support Division, Mitigation available in the community. However, SUMMARY: This rule identifies Directorate, 500 C Street, SW., Room some of these communities may adopt communities, where the sale of flood 417, Washington, DC 20472, (202) 646– and submit the required documentation insurance has been authorized under 3619. of legally enforceable floodplain the National Flood Insurance Program SUPPLEMENTARY INFORMATION: The NFIP management measures after this rule is (NFIP), that are suspended on the enables property owners to purchase published but prior to the actual effective dates listed within this rule flood insurance which is generally not suspension date. These communities because of noncompliance with the otherwise available. In return, will not be suspended and will continue floodplain management requirements of communities agree to adopt and their eligibility for the sale of insurance.
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A notice withdrawing the suspension of unless the required floodplain Paperwork Reduction Act the communities will be published in management measures are met prior to This rule does not involve any the Federal Register. the effective suspension date. Since collection of information for purposes of In addition, the Federal Emergency these notifications have been made, this the Paperwork Reduction Act, 44 U.S.C. Management Agency has identified the final rule may take effect within less 3501 et seq. special flood hazard areas in these than 30 days. communities by publishing a Flood Executive Order 12612, Federalism National Environmental Policy Act Insurance Rate Map (FIRM). The date of This rule involves no policies that the FIRM if one has been published, is This rule is categorically excluded have federalism implications under indicated in the fourth column of the from the requirements of 44 CFR Part Executive Order 12612, Federalism, table. No direct Federal financial 10, Environmental Considerations. No October 26, 1987, 3 CFR, 1987 Comp., assistance (except assistance pursuant to environmental impact assessment has p. 252. the Robert T. Stafford Disaster Relief been prepared. and Emergency Assistance Act not in Executive Order 12778, Civil Justice connection with a flood) may legally be Regulatory Flexibility Act Reform provided for construction or acquisition This rule meets the applicable of buildings in the identified special The Associate Director has standards of section 2(b)(2) of Executive flood hazard area of communities not determined that this rule is exempt from Order 12778, October 25, 1991, 56 FR participating in the NFIP and identified the requirements of the Regulatory 55195, 3 CFR, 1991 Comp., p. 309. for more than a year, on the Federal Flexibility Act because the National List of Subjects in 44 CFR Part 64 Emergency Management Agency’s Flood Insurance Act of 1968, as initial flood insurance map of the amended, 42 U.S.C. 4022, prohibits Flood insurance, Floodplains. community as having flood-prone areas flood insurance coverage unless an Accordingly, 44 CFR part 64 is (section 202(a) of the Flood Disaster appropriate public body adopts amended as follows: Protection Act of 1973, 42 U.S.C. adequate floodplain management 4106(a), as amended). This prohibition measures with effective enforcement PART 64Ð[AMENDED] against certain types of Federal measures. The communities listed no 1. The authority citation for Part 64 assistance becomes effective for the longer comply with the statutory continues to read as follows: communities listed on the date shown requirements, and after the effective in the last column. The Associate date, flood insurance will no longer be Authority: 42 U.S.C. 4001 et seq.; Director finds that notice and public available in the communities unless Reorganization Plan No. 3 of 1978, 3 CFR, comment under 5 U.S.C. 553(b) are they take remedial action. 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, 3 CFR, 1979 Comp., p. 376. impracticable and unnecessary because Regulatory Classification communities listed in this final rule § 64.6 [Amended] have been adequately notified. This final rule is not a significant 2. The tables published under the Each community receives a 6-month, regulatory action under the criteria of authority of § 64.6 are amended as 90-day, and 30-day notification section 3(f) of Executive Order 12866 of follows: addressed to the Chief Executive Officer September 30, 1993, Regulatory that the community will be suspended Planning and Review, 58 FR 51735. § 64.6 List of eligible communities.
Date certain Federal assist- Community Effective date authorization/cancellation of Current effective ance no longer State and location No. sale of flood insurance in community map date available in spe- cial flood hazard areas
Region VI New Mexico: Bosque Farms, village of, Va- 350142 Nov. 29, 1983, Emerg.; Feb. 15, 1985, Feb. 9, 2000 ..... Feb. 9, 2000. lencia County. Reg.; Feb. 9, 2000, Susp. Valencia County, unincorporated areas...... 350086 Apr. 13, 1979, Emerg.; July 2, 1991, Reg.; ...... do ...... Do. Feb. 9, 2000, Susp. Texas: Brazos County, unincorporated 481195 Jan. 13, 1986, Emerg.; July 2, 1992, Reg.; ...... do ...... Do. areas.. Feb. 9, 2000, Susp. College Station, city of, Brazos County ...... 480083 Aug. 16, 1974, Emerg.; July 2, 1981, Reg.; ...... do ...... Do. Feb. 9, 2000, Susp. Region VII Nebraska: Lindsay, village of, Platte County 310177 Dec. 15, 1976, Emerg.; Sept. 4, 1987, ...... do ...... Do. Reg.; Feb. 9, 2000, Susp. Platte County, unincorporated areas ...... 310467 Jan. 8, 1990, Emerg.; Sept. 1, 1990, Reg.; ...... do ...... Do. Feb. 9, 2000, Susp. Region IX California: Alameda County, unincorporated 060001 Dec. 3, 1971, Emerg.; Apr. 15, 1981, Reg.; ...... do ...... Do. areas. Feb. 9, 2000, Susp. Fremont, city of, Alameda County ...... 065028 Jan. 29, 1971, Emerg.; May 2, 1983, Reg.; ...... do ...... Do. Feb. 9, 2000, Susp. Hayward, city of, Alameda County ...... 065033 Jan. 29, 1971, Emerg.; Sept. 16, 1981, ...... do ...... Do. Reg.; Feb. 9, 2000, Susp. Newark, city of, Alameda County ...... 060009 Apr. 22, 1974, Emerg.; Dec. 1, 1978, Reg.; ...... do ...... Do. Feb. 9, 2000, Susp.
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Date certain Federal assist- Community Effective date authorization/cancellation of Current effective ance no longer State and location No. sale of flood insurance in community map date available in spe- cial flood hazard areas
San Leandro, city of, Alameda County ...... 060013 May 30, 1975, Emerg.; Mar. 18, 1980, ...... do ...... Do. Reg.; Feb. 9, 2000, Susp. Union City, city of, Alameda County ...... 060014 Aug. 18, 1972, Emerg.; Dec. 1, 1978, Reg.; ...... do ...... Do. Feb. 9, 2000, Susp. Region I Maine: Dallas Plantation, Franklin County ... 230455 Mar. 19, 1975, Emerg.; Aug. 19, 1985, Feb. 23, 2000 ... Feb. 23, 2000. Reg.; Feb. 23, 2000, Susp. Code for reading third column: Emerg.ÐEmergency; Reg.ÐRegular; SuspÐSuspension.
Dated: February 8, 2000. has approved these burdens and to numbers and expiration dates should be Michael J. Armstrong, announce the effective date of the directed to Judy Boley, Federal Associate Director for Mitigation. associated rules. Communications Commission, (202) [FR Doc. 00–4075 Filed 2–18–00; 8:45 am] DATES: The affected rules, 47 CFR 418–0214. BILLING CODE 6718±05±P 64.2103, 64.2104, and 64.2105 (64 FR Federal Communications Commission 51462, September 23, 1999) became effective February 2, 2000. OMB Control No.: 3060–0809. FEDERAL COMMUNICATIONS Expiration Date: 04/30/00. FOR FURTHER INFORMATION CONTACT: John COMMISSION Title: Communications Assistance for Spencer, 202–418–1310. Law Enforcement Act, Report and Order 47 CFR Part 64 SUPPLEMENTARY INFORMATION: The and Order on Reconsideration. Federal Communications Commission Form No.: N/A. Public Information Collection has received OMB approval for the Estimated Annual Burden: 36,000 Approved by Office of Management following public information collections burden hours annually, 6 hours per and Budget pursuant to the Paperwork Reduction response; 6,000 responses. AGENCY: Federal Communications Act of 1995, Public Law 96–511. The Description: The information filed Commission. rules adopted in this proceeding (see with the Commission will be used to Report and Order at 64 FR 51462, ACTION: Notice of effective date. verify telecommunications carriers’ September 23, 1999, and Order on conformance with the CALEA SUMMARY: The Federal Communications Reconsideration at 64 FR 52244, requirements, and the information made Commission (FCC) has received Office September 28, 1999) are therefore available to law enforcement officials of Management and Budget (OMB) effective February 2, 2000. An agency will be used to determine the approval for the paperwork information may not conduct or sponsor a collection accountability and accuracy of burdens contained in the Report and of information unless it displays a telecommunications carriers’ Order and the Order on Reconsideration currently valid control number. compliance with lawful electronic regarding implementation of the Notwithstanding any other provisions of surveillance orders. Communications Assistance for Law law, no person shall be subject to any Enforcement Act. The effective date for penalty for failing to comply with a Federal Communications Commission. certain rule sections was held in collection of information subject to the Magalie Roman Salas, abeyance until OMB approval for these Paperwork Reduction Act (PRA) that Secretary. burdens was granted. This document is does not display a valid control number. [FR Doc. 00–3889 Filed 2–18–00; 8:45 am] needed to notify the public that OMB Questions concerning the OMB control BILLING CODE 6712±01±P
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Proposed Rules Federal Register Vol. 65, No. 35
Tuesday, February 22, 2000
This section of the FEDERAL REGISTER The service information referenced in Discussion contains notices to the public of the proposed the proposed rule may be obtained from issuance of rules and regulations. The Boeing Commercial Airplane Group, On December 19, 1997, the FAA purpose of these notices is to give interested P.O. Box 3707, Seattle, Washington issued AD 97–26–21, amendment 39– persons an opportunity to participate in the 98124–2207. This information may be 10264 (62 FR 67550, December 29, rule making prior to the adoption of the final 1997), applicable to certain Boeing rules. examined at the FAA, Transport Airplane Directorate, 1601 Lind Model 747–100, –200, –300, 747SR, and Avenue, SW., Renton, Washington. 747SP series airplanes. That AD DEPARTMENT OF TRANSPORTATION FOR FURTHER INFORMATION CONTACT: Rick requires a one-time inspection to detect Kawaguchi, Aerospace Engineer, cracking of the longeron splice fittings Federal Aviation Administration Airframe Branch, ANM–120S, FAA, at stringer 11, on the left and right sides Transport Airplane Directorate, Seattle at body station 2598, and replacement of 14 CFR Part 39 Aircraft Certification Office, 1601 Lind any cracked fitting with a new fitting. Avenue, SW., Renton, Washington That action was prompted by reports [Docket No. 97±NM±88±AD] 98055–4056; telephone (425) 227–1153; that fatigue cracking was found on RIN 2120±AA64 fax (425) 227–1181. longeron splice fittings. The SUPPLEMENTARY INFORMATION: requirements of that AD are intended to Airworthiness Directives; Boeing detect and correct such fatigue cracking, Model 747±100, ±200, ±300, 747SR, and Comments Invited which could result in reduced 747SP Series Airplanes Interested persons are invited to controllability of the horizontal participate in the making of the stabilizer. AGENCY: Federal Aviation proposed rule by submitting such Administration, DOT. In the preamble to AD 97–26–21, the written data, views, or arguments as FAA indicated that the actions required ACTION: Notice of proposed rulemaking they may desire. Communications shall by that AD were considered ‘‘interim (NPRM). identify the Rules Docket number and action’’ and that further rulemaking be submitted in triplicate to the address SUMMARY: This document proposes the action to propose repetitive inspections supersedure of an existing airworthiness specified above. All communications for all affected airplanes was being directive (AD), applicable to certain received on or before the closing date considered. The FAA now has Boeing Model 747–100, –200, –300, for comments, specified above, will be determined that further rulemaking 747SR, and 747SP series airplanes, that considered before taking action on the action is indeed necessary, and this currently requires a one-time inspection proposed rule. The proposals contained proposed AD follows from that to detect cracking of the longeron splice in this notice may be changed in light determination. fittings at stringer 11, on the left and of the comments received. Comments are specifically invited on Explanation of Relevant Service right sides at body station 2598, and Information replacement of any cracked fitting with the overall regulatory, economic, environmental, and energy aspects of a new fitting. This action would reduce The FAA has reviewed and approved the compliance time for the proposed rule. All comments submitted will be available, both before Boeing Service Bulletin 747–53A2410, accomplishment of the currently Revision 3, dated March 12, 1998, required inspection and add a new and after the closing date for comments, in the Rules Docket for examination by including Addendum. That service requirement for repetitive inspections. bulletin describes procedures for This proposal is prompted by reports interested persons. A report summarizing each FAA-public contact repetitive detailed visual inspections to that fatigue cracking was found on detect cracking of the longeron splice longeron splice fittings. The actions concerned with the substance of this proposal will be filed in the Rules fittings at stringer 11, on the left and specified by the proposed AD are right sides at body station 2598, and intended to detect and correct such Docket. Commenters wishing the FAA to replacement of any cracked fitting with fatigue cracking, which could result in acknowledge receipt of their comments a new fitting. The procedures described reduced controllability of the horizontal submitted in response to this notice in that service bulletin are essentially stabilizer. must submit a self-addressed, stamped similar to those described in Boeing DATES: Comments must be received by postcard on which the following Alert Service Bulletin 747–53A2410, April 7, 2000. statement is made: ‘‘Comments to Revision 2, dated October 30, 1997, ADDRESSES: Submit comments in Docket Number 97–NM–88–AD.’’ The which was referenced in AD 97–26–21 triplicate to the Federal Aviation postcard will be date stamped and as the appropriate source of service Administration (FAA), Transport returned to the commenter. information. Among other things, Airplane Directorate, ANM–114, Revision 3 of the service bulletin Attention: Rules Docket No. 97–NM– Availability of NPRMs includes a new table that clarifies what 88–AD, 1601 Lind Avenue, SW., Any person may obtain a copy of this fastener kits are necessary for each Renton, Washington 98055–4056. NPRM by submitting a request to the splice fitting replacement. Comments may be inspected at this FAA, Transport Airplane Directorate, Accomplishment of the actions location between 9:00 a.m. and 3:00 ANM–114, Attention: Rules Docket No. specified in the service bulletin is p.m., Monday through Friday, except 97–NM–88–AD, 1601 Lind Avenue, intended to adequately address the Federal holidays. SW., Renton, Washington 98055–4056. identified unsafe condition.
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Explanation of Requirements of inspection threshold for airplanes with regulatory evaluation prepared for this Proposed Rule fewer than 17,000 total flight cycles or action is contained in the Rules Docket. Since an unsafe condition has been 63,000 total flight hours. Boeing has A copy of it may be obtained by identified that is likely to exist or advised the FAA that it intended to contacting the Rules Docket at the develop on other products of this same provide an initial inspection threshold location provided under the caption of 17,000 total flight cycles or 63,000 ADDRESSES type design, the proposed AD would . total flight hours (whichever occurs supersede AD 97–26–21 to continue to first), with a grace period of 1,800 flight List of Subjects in 14 CFR Part 39 require an inspection to detect cracking cycles or 7,000 flight hours for airplanes Air transportation, Aircraft, Aviation of the longeron splice fittings at stringer that have already exceeded these safety, Safety. 11, on the left and right sides at body thresholds upon receipt of the service station 2598, and replacement of any The Proposed Amendment bulletin. Therefore, this proposed AD cracked fitting with a new fitting. The provides compliance times that are Accordingly, pursuant to the proposed AD would reduce the consistent with Boeing’s intent. authority delegated to me by the compliance time for accomplishment of Administrator, the Federal Aviation the currently required inspection and Cost Impact Administration proposes to amend part add a new requirement for repetitive There are approximately 685 39 of the Federal Aviation Regulations inspections. The actions would be airplanes of the affected design in the (14 CFR part 39) as follows: required to be accomplished in worldwide fleet. The FAA estimates that accordance with the service bulletin 99 airplanes of U.S. registry would be PART 39ÐAIRWORTHINESS described previously, except as affected by this proposed AD. DIRECTIVES discussed below. The inspection that is currently 1. The authority citation for part 39 Differences Between Service Bulletin required by AD 97–26–21 takes continues to read as follows: and Proposed AD approximately 32 work hours per airplane to accomplish, at an average Authority: 49 U.S.C. 106(g), 40113, 44701. The logic diagram in the service labor rate of $60 per work hour. Based § 39.13 [Amended] bulletin recommends a grace period of on these figures, the cost impact of the 2. Section 39.13 is amended by 500 flight cycles or 2,000 flight hours currently required actions on U.S. (whichever occurs first) for airplanes removing amendment 39–10264 (62 FR operators is estimated to be $190,080, or 67550, December 29, 1997), and by that have accumulated more than 22,000 $1,920 per airplane. total flight cycles or 78,000 total flight adding a new airworthiness directive The proposed AD would require the (AD), to read as follows: hours. Operators should note that this same inspection currently required by proposed AD does not provide a grace AD 97–26–21 to be accomplished Boeing: Docket 97–NM–88–AD. period for these airplanes. This Supersedes AD 97–26–21, Amendment repetitively. Therefore, the cost impact 39–10264. proposed AD would require of the proposed requirements of this AD Applicability: Model 747–100, 747–200, accomplishment of the initial inspection on U.S. operators is estimated to be no later than the accumulation of 22,000 747–300, 747SR, and 747SP series airplanes; $190,080, or $1,920 per airplane, per having line positions 201 through 886 total flight cycles or 78,000 total flight inspection cycle. inclusive; certificated in any category. hours, whichever occurs first. In AD 97– The cost impact figures discussed Note 1: This AD applies to each airplane 26–21, the FAA provides a grace period above are based on assumptions that no identified in the preceding applicability of 90 days after January 13, 1998 (the operator has yet accomplished any of provision, regardless of whether it has been effective date of AD 97–26–21), in place the current or proposed requirements of modified, altered, or repaired in the area of the grace period of 500 flight cycles this AD action, and that no operator subject to the requirements of this AD. For or 2,000 flight hours recommended in would accomplish those actions in the airplanes that have been modified, altered, or the service bulletin. Because one of the future if this AD were not adopted. repaired so that the performance of the purposes of the proposed AD is to requirements of this AD is affected, the reduce the initial compliance time for Regulatory Impact owner/operator must request approval for an alternative method of compliance in the inspection, the FAA finds that it The regulations proposed herein accordance with paragraph (d) of this AD. would be inappropriate to allow would not have a substantial direct The request should include an assessment of airplanes that are approaching the effect on the States, on the relationship the effect of the modification, alteration, or inspection threshold of 22,000 total between the national Government and repair on the unsafe condition addressed by flight cycles or 78,000 total flight hours, the States, or on the distribution of this AD; and, if the unsafe condition has not i.e., the time when they would be power and responsibilities among the been eliminated, the request should include required to accomplish the inspection various levels of government. Therefore, specific proposed actions to address it. required by AD 97–26–21, to continue it is determined that this proposal Compliance: Required as indicated, unless to fly for additional time beyond the would not have federalism implications accomplished previously. under Executive Order 13132. To detect and correct fatigue cracking of threshold specified in that AD. Also, the longeron splice fittings at stringer 11, since no additional airplanes would be For the reasons discussed above, I which could result in reduced controllability added to the applicability of this certify that this proposed regulation (1) of the horizontal stabilizer, accomplish the proposed AD, all airplanes that would is not a ‘‘significant regulatory action’’ following: be subject to this proposed AD are under Executive Order 12866; (2) is not Initial Inspection currently subject to AD 97–26–21, and a ‘‘significant rule’’ under the DOT the grace period provided in AD 97–26– Regulatory Policies and Procedures (44 (a) Perform a one-time detailed visual 21 has already passed, this proposed AD FR 11034, February 26, 1979); and (3) if inspection to detect cracking of the longeron promulgated, will not have a significant fittings at stringer 11, on the left and right does not restate that grace period. sides at body station 2598, at the time economic impact, positive or negative, Explanation of Compliance Time specified in paragraph (a)(1) or (a)(2) of this on a substantial number of small entities AD, as applicable, in accordance with the The FAA finds that the service under the criteria of the Regulatory Accomplishment Instructions of Boeing Alert bulletin is not clear about the initial Flexibility Act. A copy of the draft Service Bulletin 747–53A2410, Revision 2,
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DEPARTMENT OF TRANSPORTATION marine evacuation systems (143.834), unmanned fixed facilities (§ 143.925), life floats (§ 143.835), launching and manned floating facilities (§ 144.310), Coast Guard recovery equipment (§§ 143.836 and unmanned floating facilities (§ 144.420), 143.837), location and arrangement of U.S. vessels (§ 146.200), and foreign 33 CFR Parts 140, 141, 142, 143, 144, survival craft (§ 143.840), rescue boat vessels (§ 146.210).’’ 145, 146, and 147 approval and stowage (§ 143.841), 6. On page 68450 in the first column, [USCG±1998±3868] embarkation, launching, and recovery the definition of Marine inspector arrangements (§ 143.842), lifejackets currently reads, ‘‘Marine inspector RIN 2115±AF39 (§§ 143.845 through 143.848), ring life means an individual designated as such buoys (§§ 143.850 through 143.852), by an ‘Officer in Charge, Marine Outer Continental Shelf Activities first aid kit (§ 143.855), immersion suits Inspection,’ to perform inspections of AGENCY: Coast Guard, DOT. (§ 143.870), marking of work vests OCS units to determine whether or not (§ 143.877), inflatable lifejackets ACTION: Proposed rule; correction. the requirements of Coast Guard (§ 143.881), and marking requirements regulations or laws administered by the SUMMARY: This document corrects the for lifesaving equipment (§ 143.885).’’ Coast Guard are met.’’ The definition preamble and proposed regulatory text This sentence should read, ‘‘Lifesaving should read, ‘‘Marine inspector means published in the Federal Register of equipment on manned fixed facilities an individual designated as such by an December 7, 1999, regarding Outer (subpart I) including survival craft and ‘Officer in Charge, Marine Inspection,’ Continental Shelf Activities. rescue boats (§§ 143.825 and 143.826), to perform inspections of ‘OCS units’ to FOR FURTHER INFORMATION CONTACT: For survival craft for temporary personnel determine whether or not the questions on this proposed rule, call Mr. (§ 143.828), approval requirements for requirements of Coast Guard regulations James M. Magill, Vessel and Facility lifeboats (§ 143.830), free-fall lifeboats or laws administered by the Coast Guard Operating Standards Division (G–MSO– (§ 143.831), inflatable life rafts are met.’’ 2), telephone 202–267–1082, or fax 202– (§ 143.832), rigid life rafts (§ 143.833), 7. On page 68450 in the third column, 267–4570. For questions on viewing, or marine evacuation systems (§ 143.834), the definition of Outer Continental Shelf life floats (§ 143.835), launching and submitting material to the docket, call or OCS reads, ‘‘Outer Continental Shelf recovery equipment (§§ 143.836 and Dorothy Walker, Chief, Dockets, or OCS means all submerged lands lying 143.837), location and arrangement of Department of Transportation, seaward and outside of the area of lands survival craft (§ 143.840), rescue boat telephone 202–366–9329. beneath navigable waters (as the term approval and stowage (§ 143.841), SUPPLEMENTARY INFORMATION: ‘lands beneath navigable waters’ is embarkation, launching, and recovery defined in section 2(a) of the Submerged Corrections arrangements (§ 143.842), lifejackets Lands Act (43 U.S.C. 1301(a)) and of (§§ 143.845 through 143.848), ring life In the proposed rule 33 CFR Parts 140 which the subsoil and seabed appertain buoys (§§ 143.850 through 143.852), to the United States and are subject to through 147, beginning on page 68416 first aid kit (§ 143.855), immersion suits in the issue of December 7, 1999, make its jurisdiction and control.’’ The (§ 143.870), marking of work vests definition should read, ‘‘Outer the following corrections. (§ 143.877), inflatable lifejackets Continental Shelf or OCS means all 1. On page 68416 in the first column, (§ 143.881), and marking requirements submerged lands lying seaward and under DATES, the second sentence for lifesaving equipment (§ 143.885).’’ currently reads, ‘‘Comments sent to the 4. On page 68434 in the first column, outside of the area of lands beneath Office of Management and Budget the sentence starting on line 13 navigable waters (as the term ‘lands (OMB) on collection of information currently reads, ‘‘Because many of the beneath navigable waters’ is defined in must reach OMB on or before February potential safety hazards on fixed section 2(a) of the Submerged Lands Act 7, 2000.’’ This sentence should read facilities are similar to those on (43 U.S.C. 1301(a))) and of which the ‘‘Comments sent to the Office of MODU’s, requirements proposed in this subsoil and seabed appertain to the Management and Budget (OMB) on subpart are similar to those applied to United States and are subject to its collection of information must reach MODU’s under subchapter I–A of 46 jurisdiction and control.’’ OMB on or before April 5, 2000.’’ CFR chapter I.’’ This sentence should 8. On page 68451 in the third column, 2. On page 68430 in the second read, ‘‘Because many of the potential the entry for API RP 54 currently reads, column, the sentence starting on line 52 safety hazards on fixed facilities are ‘‘API RP 54, Occupational Safety and currently reads, ‘‘A primary point of similar to those on MODU’s, Health for Oil and Gas Well Drilling and discussion revolved around the use of a requirements proposed in this subpart Servicing Operations, and Servicing Certified Marine Chemist and or the use are similar to those applied to MODU’s Operations, Second Edition, May 1, of a Competent Person.’’ This sentence under subchapter I–A of 46 CFR chapter 1992—142.265’’. The entry should read, should read, ‘‘A primary point of I.’’ ‘‘API RP 54, Occupational Safety and discussion revolved around the use of a 5. On page 68435 in the third column, Health for Oil and Gas Well Drilling and Certified Marine Chemist and/or the use the sentence starting on line 38 Servicing Operations, Second Edition, of a Competent Person.’’ currently reads, ‘‘This section cross- May 1, 1992—142.265’’. 3. On page 68431 in the second references the requirements for 9. On page 68452 in the first column, column, the sentence starting on line 23 immersion suits for manned fixed the entry for IMO resolution A.649(16) currently reads, ‘‘Lifesaving equipment facilities (§ 143.870), unmanned fixed currently reads, ‘‘IMO Resolution on manned fixed facilities (subpart I) facilities (§ 143.925), manned floating A.649(16), Code for the Construction including survival craft and rescue boats facilities (144.310), unmanned floating and Equipment of Mobile Offshore (§§ 143.825 and 143.826), survival craft facilities (§ 144.420), U.S. vessels Drilling Units, 1989—144.1005; for temporary personnel (§ 143.828), (§ 146.200), and foreign vessels 144.1020; 145.105; 145.205; 45.305; approval requirements for lifeboats (§ 146.210).’’ It should read, ‘‘This 145.410’’. The entry should read, ‘‘IMO (§ 143.830), free-fall lifeboats section cross-references the Resolution A.649(16), Code for the (§ 143.831), inflatable life rafts requirements for immersion suits for Construction and Equipment of Mobile (§ 143.832), rigid life rafts (§ 143.833), manned fixed facilities (§ 143.870), Offshore Drilling Units, 1989—
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144.1005; 144.1020; 145.105; 145.205; medical equipment needed to perform paragraphs (a), (b), and (c) should 145.305; 145.410’’. their functions as part of the team.’’ appear in italic type. 10. On page 68452 in the third 15. On page 68467 in the second 21 On page 68494 in the second column, the heading ‘‘§ 140.50 What are column, under 142.415, paragraph (b) column, the introductory text of section the penalties for noncompliance?’’ currently reads, ‘‘The training must be 144.800 currently reads, ‘‘This part should be changed to ‘‘§ 140.50 What supplemental to address each hazardous applies to each U.S. floating facility are the penalties for noncompliance material newly introduced on the that—’’. It should read, ‘‘This subpart with these regulations?’’ facility.’’ It should read, ‘‘The training applies to each U.S. floating facility 11. On page 68458 in the third must be supplemental to address each that—’’. column, the definition of Hot work hazardous material newly introduced on 22. On page 68494 in the third currently reads, ‘‘Hot work means work the facility.’’ column, the heading ‘‘§ 144.810 When that produces heat or fire, such as 16. On page 68475 in the first column, may a facility begin or continue riveting, welding, burning, or the use of under section 143.730, paragraph (d) operations after its plans are powder-actuated fastening tools. Work currently reads, ‘‘You must replace submitted?’’ should be changed to that produces sparks, such as grinding, during the annual inspection each ‘‘§ 144.810 When may a floating facility drilling, or abrasive blasting, is hot work battery used in an item of lifesaving begin or continue operations after its if considered so by a Certified Marine equipment and clearly marked with an plans are submitted?’’ Chemist.’’ The definition should read, expiration date if the expiration date has 23. On page 68496 in the second ‘‘Hot work means work that produces passed.’’ It should read, ‘‘You must column, the heading ‘‘§ 144.1005 What heat or fire, such as riveting, welding, replace during the annual inspection are the operating requirements for a burning, or the use of power-actuated each battery used in an item of foreign facility?’’ should be changed to fastening tools. Work that produces lifesaving equipment and clearly mark ‘‘§ 144.1005 What are the operating sparks, such as grinding, drilling, or with an expiration date if the expiration requirements for a foreign floating abrasive blasting, is hot work if date has passed.’’ facility?’’ considered so by a Certified Marine 17. On page 68485 in the second 24. On page 68496 in the second Chemist.’’ column, under section 143.1105, column, the heading ‘‘§ 144.1010 What 12. On page 68459 in the second paragraph (b) currently reads ‘‘When on are the requirements for an emergency column, under section 142.110, a facility under paragraph (a)(1) of this evacuation plan for a foreign facility?’’ paragraph (b)(2) currently reads, ‘‘That section—(1) Each accommodation should be changed to ‘‘§ 144.1010 What the equipment is maintained and used module; (2) Each temporary are the requirements for an emergency or worn as required by this subpart.’’ It accommodation module; or’’. It should evacuation plan for a foreign floating should read, ‘‘That the equipment is read, ‘‘When on a facility under facility?’’ 25. On page 68496 in the second maintained and used or worn as paragraph (a)(1) of this section—(1) column, the heading ‘‘§ 144.1015 What required by this subpart; and’’. Each accommodation module; (2) Each are the requirements for operating temporary accommodation module; or 13. On page 68462 in the second manuals for a foreign facility?’’ should (3) Each accommodation module that is column, section 142.280 currently be changed to ‘‘§ 144.1015 What are the part of a drilling/workover rig package.’’ reads, ‘‘When a crane is being used with requirements for operating manuals for 18. On page 68485, in the second and a personnel transfer net to transfer a foreign floating facility?’’ personnel over water, personnel must third columns, under section 143.1115, 26. On page 68496 in the second wear a Coast Guard approved personal paragraph (c) introductory text currently column, the heading ‘‘§ 144.1020 What floatation device. The crane operator reads ‘‘Accommodation spaces, are the design, equipment, and must not lift or lower personnel directly accommodation modules, temporary inspection requirements for a foreign over an OSC unit or attending vessel, accommodation modules, and facility?’’ should be changed to except to clear or land personnel.’’ It accommodation modules that are part of ‘‘§ 144.1020 What are the design, should read, ‘‘When a crane is being a drilling/workover rig package for 16 or equipment, and inspection requirements used with a personnel transfer net to fewer persons must be treated as new for a foreign floating facility?’’ transfer personnel over water, personnel lodging or rooming houses under 27. On page 68496 in the third must wear a Coast Guard approved chapter 20 of NFPA 101 and meet column, the heading ‘‘§ 144.1025 What personal floatation device. The crane chapters 20 and 31 of NFPA 101, except are the additional requirements for a operator must not lift or lower as follows:’’. It should read, foreign facility used for storage of oil in personnel directly over an OCS unit or ‘‘Accommodation spaces, bulk?’’ should be changed to attending vessel, except to clear or land accommodation modules, temporary ‘‘§ 144.1025 What are the additional personnel.’’ accommodation modules, and requirements for a foreign floating 14. On page 68465 in the first column, accommodation modules that are part of facility used for storage of oil in bulk?’’ under section 142.366, paragraph (a) a drilling/workover rig package for 16 or 28. On page 68497 in the first column, currently reads, ‘‘The owner, operator, fewer persons must be treated as new the heading ‘‘§ 144.1030 How do I get a and person in charge must ensure that, lodging or rooming houses under letter of compliance for a foreign in addition to the training under chapter 20 of NFPA 101 and meet facility?’’ should be changed to § 142.360, each member of the rescue chapters 20 and 32 of NFPA 101, except ‘‘§ 144.1030 How do I get a letter of team is trained to use the personal as follows:’’. compliance for a foreign floating protective, rescue, and medical 19. On page 68486, in table facility?’’ equipment needed to perform their 143.1115(f), the line that reads, 29. On page 68497 in the first column, functions as part of the team.’’ It should ‘‘Chapter 20 and 31 of NFPA 101, Life the heading ‘‘§ 144.1035 When must a read, ‘‘The owner, operator, or person in Safety Code per § 143.1115(c).’’ should foreign facility be reinspected?’’ should charge must ensure that, in addition to read, ‘‘Chapter 20 and 32 of NFPA 101, be changed to ‘‘§ 144.1035 When must a the training under § 142.360, each Life Safety Code per § 143.1115(c).’’ foreign floating facility be reinspected?’’ member of the rescue team is trained to 20. On page 68490 in column 1, under 30. On page 69497 in the third use the personal protective, rescue, and section 143.1335, the headings for column, the text of section 145.100
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Executive Order 12866 requires each of U.S.-based enterprises to compete 50 CFR Part 100 agency to write regulations that are easy with foreign-based enterprises. Administrative practice and to understand. We invite your Title VIII of ANILCA requires the procedure, Alaska, Fish, National comments on how to make this rule Secretaries to administer a subsistence forests, Public lands, Reporting and easier to understand. Send a copy of any preference on public lands. The scope of recordkeeping requirements, Wildlife. comments that concern how we could this program is limited by definition to Accordingly, for the reasons set out in make this rule easier to understand to: certain public lands. Likewise, these the preamble, the Departments propose USFWS, Office of Subsistence regulations have no potential takings of to maintain the current regulations Management, Thomas H. Boyd, 1011 E. private property implications as defined pertaining to rural determinations for Tudor Road, Anchorage, Alaska 99503. by Executive Order 12630. the 2000 subsistence seasons and You may also e-mail the comments to The Service has determined and ll l beyond found at § .23(a) of title 36, this address: Bill [email protected]. certifies pursuant to the Unfunded part 242, and title 50, part 100, of the The Regulatory Flexibility Act of 1980 Mandates Reform Act, 2 U.S.C. 1502 et Code of Federal Regulations (CFR). (5 U.S.C. 601 et seq.) requires seq., that this rulemaking will not Following a review of any comments preparation of flexibility analyses for impose a cost of $100 million or more received on this proposed rule and a rules that will have a significant effect in any given year on local or State meeting of the Federal Subsistence on a substantial number of small governments or private entities. The Board in May 2000, we will publish a entities, which include small implementation of this rule is by final rule either maintaining the current businesses, organizations, or Federal agencies, and no cost is regulations found in 36 CFR 242.23(a) governmental jurisdictions. The involved to any State or local entities or and 50 CFR 100.23(a) or amending those Departments have determined that this tribal governments. regulations to remove the Kenai rulemaking will not have a significant The Service has determined that this Peninsula communities from the list of economic effect on a substantial number rule meets the applicable standards areas determined to be nonrural. of small entities within the meaning of provided in Sections 3(a) and 3(b)(2) of Dated: February 2, 2000. the Regulatory Flexibility Act. Executive Order 12988. This rulemaking will impose no Thomas H. Boyd, In accordance with Executive Order Acting Chair, Federal Subsistence Board. significant costs on small entities; the 13132, the rule does not have any Dated: February 2, 2000. exact number of businesses and the federalism implications to warrant the amount of trade that will result from preparation of a Federalism Assessment. Kenneth E. Thompson, this Federal land-related activity is Title VIII of ANILCA precludes the State Acting Regional Forester, USDA—Forest unknown. The aggregate effect is an from exercising management authority Service. insignificant positive economic effect on over fish or wildlife resources on [FR Doc. 00–4271 Filed 2–17–00; 4:03 pm] a number of small entities, such as Federal lands unless it meets certain BILLING CODE 3410±11±P 4310±55±P ammunition, snowmachine, fishing requirements. tackle, boat, motor, and gasoline dealers. In accordance with the President’s The number of small entities affected is memorandum of April 29, 1994, ENVIRONMENTAL PROTECTION unknown, but the fact that the positive ‘‘Government-to-Government Relations AGENCY effects will be seasonal in nature and with Native American Tribal will, in most cases, merely continue Governments’’ (59 FR 22951) and 512 40 CFR Part 52 preexisting uses of public lands DM 2, we have evaluated possible indicates that the effects will not be [CA095±0216; FRL±6539±4] effects on Federally recognized Indian significant. tribes and have determined that there Approval and Promulgation of In general, the resources harvested are no effects. The Bureau of Indian Implementation Plans; California State under rules contained in 36 CFR 242 Affairs is a participating agency in this Implementation Plan Revision, Ventura and 50 CFR 100 will be consumed by rulemaking. County Air Pollution Control District the local harvester and do not result in a dollar benefit to the economy. We Drafting Information AGENCY: Environmental Protection estimate a harvest of 2 million pounds This document was drafted by Agency (EPA). of meat and 24 million pounds of fish William Knauer under the guidance of ACTION: Proposed rule. (including 8.3 million pounds of Thomas H. Boyd of the Office of salmon) are harvested by the local SUMMARY: EPA is proposing a limited Subsistence Management, Alaska subsistence users annually and, if given approval of revisions to the California Regional Office, U.S. Fish and Wildlife a dollar value of $3.00 per pound for State Implementation Plan (SIP) which Service, Anchorage, Alaska. Additional meat and salmon and $0.58 per pound concerns the control of sulfur emissions guidance was provided by Curt Wilson, for other fish, would equate to about $40 within the Ventura County Air Pollution Alaska State Office, Bureau of Land million in food value statewide. Control District. Management; Sandy Rabinowitch, This rule is not a major rule under 5 The intended effect of proposing a Alaska Regional Office, National Park U.S.C. 804(2), the Small Business limited approval of this rule is to Service; Ida Hildebrand, Alaska Area Regulatory Enforcement Act. This rule regulate emissions of sulfur dioxide Office, Bureau of Indian Affairs; and will not have an effect on the economy (SO ) in accordance with the Ken Thompson, USDA-Forest Service. 2 of $100 million or more; will not cause requirements of the Clean Air Act, as a major increase in costs or prices for List of Subjects amended in 1990 (CAA or the Act). consumers, individual industries, EPA’s final action on this proposed rule 36 CFR Part 242 Federal, State, or local government will incorporate it into the federally agencies, or geographic regions; and will Administrative practice and approved SIP. EPA has evaluated this not have significant adverse effects on procedure, Alaska, Fish, National rule and is proposing a limited approval competition, employment, investment, forests, Public lands, Reporting and under provisions of the CAA regarding productivity, innovation, or the ability recordkeeping requirements, Wildlife. EPA action on SIP submittals and
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Act, nor would it constitute full distribution of power and regulatory policies on matters that approval of the SIP submittal pursuant responsibilities among the various significantly or uniquely affect their to section 110(k)(3). Rather, a limited levels of government, as specified in communities.’’ Today’s rule does not approval of this rule by EPA would Executive Order 13132 (64 FR 3255, significantly or uniquely affect the mean that the emission limitations and August 10, 1999), because it merely communities of Indian tribal other control measure requirements approves a state rule implementing a governments. Accordingly, the become part of the California SIP and federal standard, and does not alter the requirements of section 3(b) of are federally enforceable by EPA. See relationship or the distribution of power Executive Order 13084 do not apply to e.g. sections 302(q) and 113 of the Act. and responsibilities established in the this rule. Clean Air Act. Thus, the requirements of It should be noted that the rule E. Regulatory Flexibility Act covered by this proposed rulemaking section 6 of the Executive Order do not has been adopted and is currently in apply to this rule. The Regulatory Flexibility Act (RFA) generally requires an agency to conduct effect in the air pollution control district C. Executive Order 13045 to which this action pertains. EPA’s a regulatory flexibility analysis of any final limited approval action will not Executive Order 13045, entitled rule subject to notice and comment prevent VCAPCD or EPA from enforcing Protection of Children from rulemaking requirements unless the this rule. Environmental Health Risks and Safety agency certifies that the rule will not Risks (62 FR 19885, April 23, 1997), have a significant economic impact on IV. Administrative Requirements applies to any rule that: (1) is a substantial number of small entities. A. Executive Order 12866 determined to be ‘‘economically Small entities include small businesses, significant’’ as defined under Executive small not-for-profit enterprises, and The Office of Management and Budget Order 12866, and (2) concerns an small governmental jurisdictions. This (OMB) has exempted this regulatory environmental health or safety risk that final rule will not have a significant action from Executive Order 12866, EPA has reason to believe may have a impact on a substantial number of small Regulatory Planning and Review. disproportionate effect on children. If entities because SIP approvals under B. Executive Order 13132 the regulatory action meets both criteria, section 110 and subchapter I, part D of the Agency must evaluate the the Clean Air Act do not create any new Executive Order 13132, entitled environmental health or safety effects of requirements but simply approve Federalism (64 FR 43255, August 10, the planned rule on children, and requirements that the State is already 1999) revokes and replaces Executive explain why the planned regulation is imposing. Therefore, because the Orders 12612, Federalism and 12875, preferable to other potentially effective Federal SIP approval does not create Enhancing the Intergovernmental and reasonably feasible alternatives any new requirements, I certify that this Partnership. Executive Order 13132 considered by the Agency. This rule is action will not have a significant requires EPA to develop an accountable not subject to Executive Order 13045 economic impact on a substantial process to ensure ‘‘meaningful and because it is does not involve decisions number of small entities. Moreover, due timely input by State and local officials intended to mitigate environmental to the nature of the Federal-State in the development of regulatory health or safety risks. relationship under the Clean Air Act, policies that have federalism preparation of flexibility analysis would D. Executive Order 13084 implications.’’ ‘‘Policies that have constitute Federal inquiry into the federalism implications’’ is defined in Under Executive Order 13084, economic reasonableness of state action. the Executive Order to include Consultation and Coordination with The Clean Air Act forbids EPA to base regulations that have ‘‘substantial direct Indian Tribal Governments, EPA may its actions concerning SIPs on such effects on the States, on the relationship not issue a regulation that is not grounds. Union Electric Co. v. U.S. EPA, between the national government and required by statute, that significantly or 427 U.S. 246, 255–66 (1976); 42 U.S.C. the States, or on the distribution of uniquely affects the communities of 7410(a)(2). power and responsibilities among the Indian tribal governments, and that various levels of government.’’ Under imposes substantial direct compliance F. Unfunded Mandates Executive Order 13132, EPA may not costs on those communities, unless the Under section 202 of the Unfunded issue a regulation that has federalism Federal government provides the funds Mandates Reform Act of 1995 implications, that imposes substantial necessary to pay the direct compliance (‘‘Unfunded Mandates Act’’), signed direct compliance costs, and that is not costs incurred by the tribal into law on March 22, 1995, EPA must required by statute, unless the Federal governments, or EPA consults with prepare a budgetary impact statement to government provides the funds those governments. If EPA complies by accompany any proposed or final rule necessary to pay the direct compliance consulting, Executive Order 13084 that includes a Federal mandate that costs incurred by State and local requires EPA to provide to the Office of may result in estimated annual costs to governments, or EPA consults with Management and Budget, in a separately State, local, or tribal governments in the State and local officials early in the identified section of the preamble to the aggregate; or to private sector, of $100 process of developing the proposed rule, a description of the extent of EPA’s million or more. Under section 205, regulation. EPA also may not issue a prior consultation with representatives EPA must select the most cost-effective regulation that has federalism of affected tribal governments, a and least burdensome alternative that implications and that preempts State summary of the nature of their concerns, achieves the objectives of the rule and law unless the Agency consults with and a statement supporting the need to is consistent with statutory State and local officials early in the issue the regulation. In addition, requirements. Section 203 requires EPA process of developing the proposed Executive Order 13084 requires EPA to to establish a plan for informing and regulation. develop an effective process permitting advising any small governments that This proposed rule will not have elected officials and other may be significantly or uniquely substantial direct effects on the States, representatives of Indian tribal impacted by the rule. on the relationship between the national governments ‘‘to provide meaningful EPA has determined that the approval government and the States, or on the and timely input in the development of action promulgated does not include a
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Federal mandate that may result in Protection Agency, Office of Air Quality and Bannock, Fort Hall, Idaho, 83203; estimated annual costs of $100 million (OAQ–107), 1200 Sixth Avenue, Seattle and the Idaho State University Library, or more to either State, local, or tribal Washington 98101. Government Documents Dept., 850 governments in the aggregate, or to the FOR FURTHER INFORMATION CONTACT: South 9th Avenue, Pocatello, Idaho. private sector. This Federal action Steven K. Body, Office of Air Quality This notice is also to clarify that the full approves pre-existing requirements (OAQ–107), Environmental Protection docket is available for review at EPA’s under State or local law, and imposes Agency, 1200 Sixth Avenue, Seattle, Central Docket Section, Office of Air no new requirements. Accordingly, no Washington 98101, (206) 553–0782. and Radiation; EPA Region 10, Office of additional costs to State, local, or tribal SUPPLEMENTARY INFORMATION: On Air Quality; and the Shoshone-Bannock governments, or to the private sector, January 27, 2000, we solicited public Tribes, Office of Air Quality Program, result from this action. comment on a supplemental proposal Land Use Commission. Only a copy of the supplemental proposal and a copy List of Subjects in 40 CFR Part 52 for the Federal Rulemaking for the FMC Facility in the Fort Hall PM–10 of the index to the docket are available Environmental protection, Air Nonattainment Area (65 FR 4466).1 In for review at the Shoshone-Bannock pollution control, Hydrocarbons, that supplemental proposal, we stated Library and the Idaho State University Incorporation by reference, that we would accept written public Library. Intergovernmental relations, Reporting comments on the supplemental List of Subjects in 40 CFR Part 52 and recordkeeping requirements, Sulfur proposal until February 28, 2000. We oxides. also stated that we would not hold a Environmental protection, Air Authority: 42 U.S.C. 7401 et seq. public hearing on the supplemental pollution control, Intergovernmental relations, Particulate matter, Reporting Dated: February 8, 2000. proposal unless one was requested and a sufficient reason for holding a hearing and recordkeeping requirements. Laura Yoshii, was provided. Dated: February 9, 2000. Acting Regional Administrator, Region IX. Based on letters we received prior to Jane Moore, [FR Doc. 00–4048 Filed 2–18–00; 8:45 am] publication of the supplemental Acting Regional Administrator, Region 10. BILLING CODE 6560±50±P proposal, we believe there is a [FR Doc. 00–4141 Filed 2–18–00; 8:45 am] significant public interest in the supplemental proposal. We have BILLING CODE 6560±50±P ENVIRONMENTAL PROTECTION therefore decided to hold public AGENCY hearings on the supplemental proposal in advance of a specific request during FEDERAL COMMUNICATIONS 40 CFR Part 52 the public comment period. The public COMMISSION [Docket 24±7004; FRL±6540±3] hearings will be held on: 47 CFR Part 73 Tuesday, February 29, 2000, 6:00 p.m. Federal Rulemaking for the FMC to 8:00 p.m., Pocatello City Council [DA 00±188; MM Docket No. 99±108; RM± Facility in the Fort Hall PM±10 Chambers, 711 North 9th, Pocatello, 9511; MM Docket No. 99±112; RM±9540; MM Nonattainment Area Idaho Docket No. 99±147; RM±9555] AGENCY: Environmental Protection Wednesday, March 1, 2000, 6:00 p.m. to Radio Broadcasting Services; Sawpit, Agency (EPA). 8:00 p.m., Shoshone-Bannock Tribal CO; Thermal, CA; Congress, AZ Council Chambers, Agency Road and ACTION: Proposed rule; announcement of Bannock Drive, Fort Hall, Idaho AGENCY: public hearings and extension of public Federal Communications comment deadline; correction. To accommodate the public hearings, Commission. we are also extending the deadline for ACTION: Proposed rule; denials. SUMMARY: By this action, we are receiving written public comments on announcing the date, time, and location the supplemental proposal to March 13, SUMMARY: This document denies three of two public hearings that EPA will 2000. Interested persons are invited to petitions for rule making filed by hold to accept oral comments on EPA’s attend the public hearings and to Mountain West Broadcasting proposing supplemental proposal for the Federal comment on all aspects of EPA’s the allotment of new FM channels to Rulemaking for the FMC Facility in the supplemental proposal. The January 27, Sawpit, Colorado (MM Docket No. 99– Fort Hall PM–10 Nonattainment Area. 2000, supplemental notice also stated 108; RM–9511), 64 FR 17139, April 8, We are also extending the deadline for that the docket for the supplemental 1999; Thermal, California (MM Docket receiving written comments on the proposal is available for public No. 99–112; RM–9540), 64 FR 17142, supplemental proposal from February inspection at EPA’s Central Docket April 8, 1999; and Congress, Arizona 28, 2000, to March 13, 2000. Finally, we Section, Office of Air and Radiation, (MM Docket No. 99–147; RM–9555), 64 are correcting a minor error in the Room 1500 (M–6102), 401 M Street, FR 26717, May 17, 1999, for failure to location of the docket. SW., Washington, D.C. 20460; EPA demonstrate each locality’s status as a bona fide community for allotment DATES: Written comments, identified by Region 10, Office of Air Quality, 10th the docket control number ID 24–7004, Floor, 1200 Sixth Avenue, Seattle, purposes. With this action, the must be received by EPA on or before Washington; the Shoshone-Bannock referenced proceedings are terminated. March 13, 2000. EPA will hold public Tribes, Office of Air Quality Program, ADDRESSES: Federal Communications hearings at the following times at the Land Use Commission, Fort Hall Commission, Washington, DC 20554. addresses listed below: Tuesday, Government Center, Agency and FOR FURTHER INFORMATION CONTACT: February 29, 2000, 6:00 p.m. to 8:00 Bannock Roads, Fort Hall, Idaho 83203; Nancy Joyner, Mass Media Bureau, (202) p.m., and Wednesday, March 1, 2000, the Shoshone-Bannock Library, Pima 418–2180. 6:00 p.m. to 8:00 p.m. SUPPLEMENTARY INFORMATION: This is a 1 ADDRESSES: The supplemental proposal proposed to revise Comments should be certain aspects of the original proposal published in synopsis of the Commission’s Report submitted (in triplicate if possible) to: the Federal Register on February 12, 1999 (64 FR and Order, MM Docket No. 99–108; MM Christine Lemme, Environmental 7308). Docket No. 99–112; and MM Docket No.
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99–147, adopted January 27, 2000, and this decision may also be purchased Federal Communications Commission. released February 4, 2000. The full text from the Commission’s copy contractor, John A. Karousos, of this Commission decision is available International Transcription Service, Chief, Allocations Branch, Policy and Rules for inspection and copying during Inc., 1231 20th Street, NW., Division, Mass Media Bureau. normal business hours in the FCC’s Washington, D.C. 20036, (202) 857– [FR Doc. 00–4083 Filed 2–18–00; 8:45 am] Reference Information Center (Room 3800. BILLING CODE 6712±01±P CY–A257), 445 Twelfth Street, SW., List of Subjects 47 CFR Part 73 Washington, DC. The complete text of Radio broadcasting.
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Notices Federal Register Vol. 65, No. 35
Tuesday, February 22, 2000
This section of the FEDERAL REGISTER Dated: February 7, 2000. Dated: February 11, 2000. contains documents other than rules or Donald W. Gohmert, Richard L. Peace, proposed rules that are applicable to the State Conservationist, Alexandria, Louisiana State Conservation Engineer, Jackson, MS. public. Notices of hearings and investigations, committee meetings, agency decisions and 71302. [FR Doc. 00–4029 Filed 2–18–00; 8:45 am] rulings, delegations of authority, filing of [FR Doc. 00–4112 Filed 2–18–00; 8:45 am] BILLING CODE 3410±21±P petitions and applications and agency BILLING CODE 3410±16±P statements of organization and functions are examples of documents appearing in this DEPARTMENT OF COMMERCE section. DEPARTMENT OF AGRICULTURE Bureau of the Census Natural Resources Conservation [Docket Number 000209033±0036±00] DEPARTMENT OF AGRICULTURE Service RIN Number 0607±XX56 Natural Resources Conservation Notice of Proposed Change to Section Service IV of the Field Office Technical Guide Pollution Abatement Costs and Expenditures Survey Notice of Proposed Change to Section (FOTG) in Mississippi IV of the Field Office Technical Guide AGENCY: Bureau of the Census, AGENCY: Natural Resources (FOTG) of the Natural Resources Commerce. Conservation Service in Louisiana Conservation Service (NRCS) in Mississippi. ACTION: Notice of determination. AGENCY: Natural Resources ACTION: Notice of availability of SUMMARY: Notice is hereby given that Conservation Service (NRCS), U.S. proposed changes in Section IV of the the Bureau of the Census (U.S. Census Department of Agriculture. FOTG of the NRCS in Mississippi for Bureau) will conduct the Pollution ACTION: Notice of availability of review and comment. Abatement Costs and Expenditures proposed changes in Section IV of the survey for the year 1999. The U.S. FOTG of the NRCS in Louisiana for SUMMARY: It is the intention of NRCS in Census Bureau, prior to 1995, review and comment. Mississippi to issue new and revised conducted the Pollution Abatement conservation practices of the FOTG in Costs and Expenditures survey, MA– SUMMARY: It is the intention of the NRCS 200. Due to budget limitations, the in Louisiana to issue revised its entirety. Each of 123 standards under the responsibility of Ecological Sciences survey was suspended. In response to conservation practice standards in the need for this data to assess the cost Section IV of the FOTG for the following and Engineering are being issued and are available for public comment. of environmental regulations on private practices: Nutrient Management (code business, the U.S. Census Bureau, with 590), and Waste Utilization (code 633). DATES: Comments will be received on or support from the Environmental DATES: Comments will be received on or before March 23, 2000. Protection Agency, is reinstating the before March 23, 2000. Pollution Abatement Costs and ADDRESSES: Inquire in writing to Homer Expenditures survey. FOR FURTHER INFORMATION CONTACT: L. Wilkes, State Conservationist, Natural Inquire in writing to Donald W. Resources Conservation Service, Suite FOR FURTHER INFORMATION CONTACT: Ron Gohmert, State Conservationist, Natural 1321 Federal Building, 100 W. Capitol Taylor, Manufacturing and Construction Resources Conservation Service (NRCS), Street, Jackson, MS 39269. Copies of the Division, U.S. Census Bureau, Room 3737 Government Street, Alexandria, draft conservation practice standards 2135, Federal Building 4, Washington, Louisiana 71302. Copies of the practice will be made available upon written DC 20233, on (301) 457–4683. standards will be made available upon request. SUPPLEMENTARY INFORMATION: The U.S. written request. Census Bureau is authorized to conduct SUPPLEMENTARY INFORMATION: Section BACKGROUND INFORMATION: Section 343 surveys necessary to furnish current 343 of the Federal Agriculture of the Federal Agriculture Improvement data on subjects covered by the major Improvement and Reform Act of 1996 and Reform Act of 1996 states that censuses authorized by Title 13, United states that revisions made after revisions made after enactment of the States Code, Sections 182, 224, and 225. enactment of the law to NRCS State law to NRCS State Technical Guides The Pollution Abatement Costs and Technical Guides used to carry out used to carry out highly erodible land Expenditures survey will provide highly erodible land wetland provisions and wetland provisions of the law shall continuing and timely national of the law shall be made available for be made available for public review and statistical data for the period between public review and comment. For the comment. For the next 30 days, the the economic censuses. The next next 30 days the NRCS in Louisiana will NRCS in Mississippi will receive economic census will occur in the year receive comments relative to the comments relative to the stated 2002. Data collected in this survey will proposed changes. Following that summary. Following that period, a be within the general scope, type, and period a determination will be made by determination will be made by the character of those inquiries covered in the NRCS in Louisiana regarding NRCS in Mississippi regarding the economic census. disposition of those comments and a disposition of those comments and a The survey form will collect—from final determination of change will be final determination of change will be plants that produce goods or provide made. made. services classified in manufacturing,
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2. Presentation and discussion of SUMMARY: Five hundred thousand (202) 606–5000, ext. 260, T.D.D. (202) recommended initiatives to harmonize dollars ($500,000) is available for new 565–2799, (allow ten days for mailing). international financial regulation governing competitive AmeriCorps*State programs The application will also be available in segregation of customer funds. in the District of Columbia. Application PDF format on the Corporation’s web 3. Presentation and discussion of recommended amendments for rules guidelines are available for local site: www.nationalservice.org. governing secured amount balances. government agencies, institutions of Dated: February 15, 2000. 4. Consideration and discussion of rule higher education, and public or private Peter Heinaru, non-profit organizations in the District amendments and related initiatives to Director, AmeriCorps*State/National. harmonize international regulatory treatment of Columbia interested in applying for of institutional customers. these funds. The Corporation for [FR Doc. 00–4077 Filed 2–18–00; 8:45 am] 5. New business. National and Community Service has BILLING CODE 6050±28±P The GMAC was created by the scheduled a meeting to provide Commodity Futures Trading technical assistance to eligible applicants. Commission for the purpose of receiving DEPARTMENT OF DEFENSE advice and recommendations on the FOR FUTHER INFORMATION CONTACT: For many complex and novel issues raised further information about the Office of the Secretary be the ever-increasing globalization of application guidelines or the technical futures markets. The purposes and assistance meeting, contact Betty Platt Submission for OMB Review; objectives of the GMAC are more fully (202) 606–5000, ext. 422, or Carolyn Comment Request set forth in its charter. Thompson, (202) 606–5000, ext. 260, The meeting is open to the public. T.D.D. (202) 565–2799. For individuals ACTION: Notice. The Chairman of the GMAC, with disabilities, we will make Commissioner Barbara Pedersen Holum, information available in alternative The Department of Defense will is empowered to conduct the meeting in formats upon request. submit to OMB for emergency processing, the following proposal for a fashion that will, in her judgment, SUPPLEMENTARY INFORMATION: collection of information under the facilitate the orderly conduct of AmeriCorps is the national service provisions of the Paperwork Reduction business. Any member of the public program that engages Americans of all Act (44 U.S.C. Chapter 35). The Office who wishes to file a statement with the ages and backgrounds in meeting of the Assistant Secretary of Defense for Advisory Committee should mail a copy critical education, public safety, Health Affairs/TRICARE Management of the statement to the attention of: environmental, and other human needs. Activity announces a proposed new Global Markets Advisory Committee, Each year, we provide funds to public information collection and seeks c/o Commissioner Barbara Pedersen programs operated by non-profit public comment on the provisions Holum, Commodity Futures Trading organizations, local government thereof. Comments are invited on: (a) Commission. Three Lafayette Centre, agencies, and institutions of higher Whether the proposed collection of 1155 21st Street, N.W., Washington D.C. education to support projects such as information is necessary for the proper 20581, before the meeting. Members of tutoring children, restoring streams and performance of the functions of the the public who wish to make oral parks, building playgrounds and agency, including whether the statements should also inform housing, assisting elders, and serving in information has practical utility; (b) the Commissioner Holum in writing at the health clinics. For more information accuracy of the agency’s estimate of the foregoing address at least three business about the activities we support, visit our burden of the information collection; (c) days before the meeting. Reasonable web site: www.nationalservice.org. ways to enhance the quality, utility, and provision will be made, if time permits, We have scheduled a technical clarity of the information to be for an oral presentation of no more than assistance meeting regarding the collected; and, (d) ways to minimize the five minutes each in duration. application processes for burden of the information collection on Issued by the Commission in Washington, AmeriCorps*State grants. The meeting respondents, including through the use DC on February 16, 2000. will assist participants in understanding of automated collection techniques or Jean A. Webb, funding opportunities at the other forms of information technology. Secretary of the Commission. Corporation, provide tips on preparing a successful application for the 2000 Title and OMB Number: Pharmacy [FR Doc. 00–4098 Filed 2–18–00; 8:45 am] Redesign Pilot Program; OMB Number BILLING CODE 6351±01±M AmeriCorps*State grant competition, and the framework objectives for an 0720-[To Be Determined]. AmeriCorps program. Type of Request: New Collection; Emergency processing requested with a CORPORATION FOR NATIONAL AND Technical Assistance Meeting shortened public comment period COMMUNITY SERVICE Date: March 9, 2000. ending March 7, 2000. An approval date Time: 9:30–11:30 a.m. of March 15, 2000, has been requested. Notice of Availability of Application Location: 1201 New York Avenue, Guidelines and Technical Assistance Number of Respondents: 2,000. NW, 8th Floor, Washington, DC 20525. Meeting for Potential Applicants for Responses Per Respondent: 1. AmeriCorps*State Program Funds for Obtaining a Copy of the Application Annual Responses & Prime: 2,000. the District of Columbia After February 25, 2000, you may pick Average Burden Per Response: 10 minutes. AGENCY: Corporation for National and up copies of the ‘‘AmeriCorps Community Service. Application Guidelines for the District Annual Burden Hours: 333. of Columbia’’ from the 8th Floor Needs and Uses: This collection ACTION: Notice of availability of Receptionist at the Corporation for instrument serves as an application application guidelines and pre- National Service, 1201 New York form for enrollment in the TRICARE application technical assistance Avenue, N.W., or you may request Pharmacy Redesign Pilot Program. The meeting. copies by calling Carolyn Thompson at information collected will be used to
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FOR FURTHER INFORMATION CONTACT: Panels are generally composed of a meet this priority. Two points will be Nancy Rhett, Reading Excellence minimum of three reviewers. Panel awarded to applicants that provide an Program, U.S. Department of Education, reviewers give each application a assurance only. To receive the 400 Maryland Avenue, SW, Room numerical score weighted against the additional three points, the SEA must 5C141, Washington, DC 20202–6200, selection criteria. Each reviewer also include detailed plans or implemented (202) 260–8228. Fax: (202) 260–8969. makes a recommendation to fund or not changes that describe high quality Internet: http:// to fund the application. teacher preparation that reflects www.ed.readingexcellence.gov. Note: We will announce the final priorities scientifically based reading research. Individuals who use the in a notice in the Federal Register. We will Application Requirements telecommunications device for the deaf determine the final priorities after (TDD) may call the Federal Information considering responses to this notice and A discussion of each proposed Relay Service (FIRS) at 1–800–877– other information available to the requirement follows. 8339. Department. This notice does not preclude us from proposing or funding additional A. Eligible LEAS and schools (Sec. 2255 If you want to comment on the priorities, subject to meeting applicable and Sec. 2256) information collection requirements, rulemaking requirements. please send your comments to the Office We propose that to be considered for of Information and Regulatory Affairs, Priorities funding, an application must include a OMB, room 10235, New Executive list of all eligible LEAs and the number A key purpose of the Reading of eligible schools, and the number of Office Building, Washington, DC 20503; Excellence Act is to help every child to Attention: Desk Officer for U.S. children and teachers in the eligible be able to read independently by grade schools at the time the application is Department of Education. You may also three using research-based approaches send a copy of these comments to the submitted. Successful applicants must to reading instruction. The proposed provide a list of eligible LEAs and Department of Education representative priorities are necessary to focus named in the ADDRESSES section of this schools at the time that subgrants are available funds on projects that help awarded. preamble. students in kindergarten through grade Individuals with disabilities may three to meet this objective and enable Rationale obtain this document in an alternative teachers to meet the challenge. While the legislation clearly defines format (e.g., Braille, large print, The proposed absolute priority is the requirements for eligibility, it does audiotape, or computer diskette) on necessary to ensure that States focus on not require the applicants to identify the request to the contact person listed providing services to the children eligible LEAs or schools. We propose above. during the early grades. that each applicant include a list of the This notice does not solicit eligible LEAs and the number of eligible applications. A notice inviting Absolute Priority schools, as well as the number of applications under this competition will Under 34 CFR 75.105(c)(3) of EDGAR, children and teachers in each eligible be published in the Federal Register the Secretary has the authority to school at the time that the application concurrent with or following the propose an absolute priority. The is submitted. This will enable the publication of the final priorities, Secretary proposes that awards under panelists to determine the likelihood application requirements, and selection this competition be made only to that the requested funding amount will criteria. applications that meet the following sufficiently fund the number of SUPPLEMENTARY INFORMATION: The absolute priority: proposed subgrants for two years and at Reading Excellence Act (REA), Part C, Projects that exclusively fund, at the a level that will make a substantive Title II of the Elementary and Secondary subgrant level, activities to improve improvement in reading instruction and Education Act of 1965 (ESEA), was kindergarten through grade three student outcomes. Successful applicants enacted as Title VIII of the Labor-HHS- reading instruction and related early will be required to provide an updated ED Appropriations Act of 1999 by childhood, professional development, list of eligible LEAs and schools to the Section 101(f) of Public Law 105–277, family literacy, extended learning and Department at the time that subgrants the Omnibus Appropriations Act of FY tutorial activities. are awarded. 1999. Section 2253 of the REA authorizes a Reading and Literacy Grant Competitive Priority B. Funding Recommendations (Sec. Program to State educational agencies Section 2253(c)(2)(C) of REA requires 2253(c)(2)(C)) (SEAs). Grants are to be awarded on a that priority shall be given to We propose that to be considered for competitive basis to eligible SEAs, applications from SEAs whose States funding, an application must receive a which in turn will make competitive have modified, are modifying, or majority recommendation from the subgrants to local educational agencies provide an assurance that they will panel of reviewers. Any applications not (LEAs) for two types of activities: Local modify within 18 months after receiving receiving recommendations to be Reading Improvement subgrants (LRI) an REA grant the SEA’s elementary funded from a majority of the review and Tutorial Assistance (TAG) school teacher certification panel, regardless of the numerical score, subgrants. Section 2255 and Section requirements. The modification must will not be considered. 2256 of REA establish in detail the increase the training and the methods of eligibility requirements for LEAs for teaching reading required for Rationale both subgrant programs. The legislation certification as an elementary school The legislation requires that the panel also requires that each LRI subgrant teacher to reflect scientifically based reviewers make a recommendation for must be large enough to enable a grant reading research. However, nothing in funding. The requirement that an recipient to operate a program for a 2- the REA shall be construed to establish application must receive a year period. a national system of teacher recommendation for funding from a Section 2253(c)(2)(C) of the legislation certification. majority of the review panel will ensure requires that a panel of expert reviewers The Secretary proposes to award up to that only quality applications are recommend applications for funding. 5 additional points to applicants that funded.
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Selection Criteria instruction for all children, including funding to accomplish the purposes of The Secretary proposes that the English language learners and children this grant. with special needs. following selection criteria be used to Paperwork Reduction Act of 1995 evaluate applications for new grants (d) The extent to which the Tutorial under this competition. The maximum Assistance subgrant activities of the This notice and the proposed score for all of these criteria is 100 proposed project reflect up-to-date application packet contain information points. The maximum score for each knowledge of reading research and collection requirements. Under the criterion or factor under that criterion is effective practice. Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d)), the Department of indicated in the parentheses. There are (4) Quality of the plan for State Education has submitted a copy of this not specific point totals for the leadership, oversight and evaluation. notice and application package to the subcategories within each criterion. (25 points) Office of Management and Budget (1) Understanding and commitment to In determining the quality of the plan (OMB) for its review. effective reading instruction based on for State leadership, oversight and scientifically based reading research. (15 evaluation, the Secretary considers the Collection of Information: Reading points) following factors: Excellence Program In determining the State’s (a) The adequacy of procedures for The Reading Excellence Program understanding and commitment to ensuring success under this grant, competitively awards grants to States to effective reading instruction based on including how the State will ensure that improve reading. The SEA will subgrant scientifically based reading research, the school activities will use practices based to LEAs and support activities that are Secretary considers the following on scientifically based reading research, designed to provide children with the factors: especially professional development skills needed to learn once they enter (a) The extent to which the proposed activities for K–3 teachers. school, teach every child to read by the project incorporates a deep (b) The adequacy of the management end of the third grade, and support understanding of the scientifically based plan to achieve the objectives of the teachers and other instructional staff in reading research literature and how it proposed project on time and within their efforts to teach reading. applies in their State and local budget, including: Information in the application would education systems. —Development of the reading and include: (b) The extent to which the scientific literacy partnership for overseeing (1) A description of the applicant’s literature on reading is implemented in proposed grant activities; teacher certification requirements and proposed grant activities. —Guidance provided to eligible districts how they have been or will be modified. and schools for developing (2) Demonstration of Need. (10 points) (2) Evidence that the SEA has the applications; demographic and social data of the In determining the need for the —Subgrant processes and criteria; and target population and its impact upon proposed project, the following factors —Leadership, technical assistance, and the ability of the local school districts to are included: monitoring activities for subgrantees implement scientifically based reading Demographic and social data on the that ensure continuous improvement activities. in reading. target population for this program (3) The evaluation plan proposed to (children and families) and State efforts (c) The qualifications, including be used by the State to determine and initiatives in reading, including relevant training and experience, of the student outcome. current professional development key SEA staff responsible for managing (4) The list of eligible LEAs and activities related to the teaching of the grant activities described above. schools and the number of teachers and (d) The quality of the State’s design, reading and family literacy, standards students in those schools. including student outcome measures or and assessments, and other related All information is to be collected once indicators for grades K–3, subgrant (LRIs activities; and their relation, if any, to only from each applicant. Annual and TAGs) and school implementation findings from scientifically based reporting and record keeping burden for measures and indicators, a timeline for reading research. this collection of information is data collection and reporting, provisions (3) Quality of local district and school estimated to average 48 hours for each or feedback to districts and activities. (35 points) response for 39 respondents, including identification of a qualified evaluator or the time for reviewing instructions, In determining the quality of the inclusion of appropriate criteria. services to be provided by local (e) The extent to which the proposed searching existing data sources, activities, the Secretary considers the activities coordinate REA with other gathering and maintaining the data following factors: State initiatives and programs including needs, and completing and reviewing (a) How the proposed project would how the REA grant will add to current the collection of information. change classroom instruction in schools State and local efforts. We consider your comments on this under Local Reading Improvement proposed collection of information in— subgrants. In particular, what (5) Adequacy of Resources. (15 points) • Deciding whether the proposed professional development activities In determining the adequacy of collection is necessary for the proper would be implemented. resources, the Secretary considers the performance of our functions, including (b) The extent to which the proposed following factors: whether the information will have activities support research based (a) The average and range of amounts practical use: classroom reading instruction proposed, including the amounts per • Evaluating the accuracy of our (including extended learning such as school/classroom, will provide estimate of burden of the proposed tutoring and summer programs, sufficient resources to accomplish the collection, including the validity of our kindergarten transition, family literacy/ tasks of Local Reading Improvement and methodology and assumptions; involvement, and use of technology). Tutorial Assistance subgrants. • Enhancing the quality, usefulness, (c) The extent to which the proposed (b) The budget provides sufficient and clarity of the information we activities will improve reading detail and an appropriate level of collect; and
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• Minimizing the burden on those Information Relay Service (FIRS) at 1– U.S.C. 8301 et seq.), provides that no who must respond. This includes 800–877–8339. new baseload electric powerplant may exploring the use of appropriate Program Authority: 20 U.S.C. 6661 et seq. be constructed or operated without the automated, electronic, mechanical, or capability to use coal or another other technological collection Electronic Access to This Document: alternate fuel as a primary energy techniques or other forms of information You may view this document, as well source. In order to meet the requirement technology; e.g., permitting electronic as all other Department of Education of coal capability, the owner or operator submission of response. documents published in the Federal of such facilities proposing to use OMB is required to make a decision Register, in text or Adobe Portable natural gas or petroleum as its primary concerning the collection of information Document Format (PDF) on the Internet energy source shall certify, pursuant to contained in this notice of proposed at either of the following sites: http:// FUA section 201(d), to the Secretary of eligibility and selection criteria between ocfo.ed.gov.fedreg.htm; http:// Energy prior to construction, or prior to 30 and 60 days after publication of this www.ed.gov/news.html.To use the PDF operation as a baseload powerplant, that document in the Federal Register. file you must have the Adobe Acrobat such powerplant has the capability to Therefore to ensure that OMB gives your Reader Program with Search, which is use coal or another alternate fuel. Such comments full consideration, it is available free at either of the preceding certification establishes compliance important that OMB receives the sites. If you have questions about using with section 201(a) as of the date filed comments within 30 days of PDF, call the U.S. Government Printing with the Department of Energy. The publication. This does not affect the Office (GPO), toll free at 1–888–293– Secretary is required to publish a notice deadline for your comments to us on the 6498; or in the Washington, D.C., area in the Federal Register that a notice of proposed eligibility and at (202) 512–1530. certification has been filed. The selection criteria. Note: The official version of this document following owner/operator of proposed Intergovernmental Review is the document published in the Federal new baseload powerplant has filed a Register. Free Internet access to the official self-certification in acccordance with This program is subject to the edition of the Federal Register and the Code section 201(d). requirements of Executive Order 12372 of Federal Regulations is available on GPO Owner: Reliant Energy Channelview and the regulations in 34 CFR Part 79. Access at: http://access.gpo.gov/nara/ LP (C&E 0–04). The objective of the executive order is index.html. Operator: Reliant Energy to foster an intergovernmental Catalogue of Federal Assistance Number: Channelview LP. partnership and a strengthened 84.338 Location: Shedon Road in federalism by relying on process Dated: February 15, 2000. Channelview, Harris County, TX. developed by State and local Michael Cohen, Plant Configuration: Combined-cycle. government for coordination and review Assistant Secretary for Elementary and Capacity: 786 MW. of proposed Federal assistance. Secondary Education. Fuel: Natural gas. In accordance with this order, this [FR Doc. 00–4084 Filed 2–18–00; 8:45 am] Purchasing Entities: Reliant Energy document is intended to provide early Services, Inc. notification of the Department’s specific BILLING CODE 4000±01±U In-Service Date: Late 2001. plans and actions for this program. Issued in Washington, DC, February 14, Invitation to Comment DEPARTMENT OF ENERGY 2000. We invite you to submit comments Anthony J. Como, regarding the rules proposed in this Office of Fossil Energy Deputy Director, Electric Power Regulation, Office of Coal & Power Im/Ex., Office of Coal notice. To ensure that your comments [Docket Nos. FE C&E 00±02±184] have the maximum effect in developing & Power Systems, Office of Fossil Energy. the Secretary’s final notice of priorities, Notice of Filing of Coal Capability of [FR Doc. 00–4135 Filed 2–18–00; 8:45 am] application requirements, and selection Reliant Energy Channelview LP BILLING CODE 6450±01±P criteria we urge you to identify clearly Powerplant and Industrial Fuel Use Act the specific section of this notice that AGENCY: each of your comments addresses and to Office of Fossil Energy; DEPARTMENT OF ENERGY arrange your comments in the same Department of Energy. ACTION: Notice of Filing. Office of Environment, Safety and order as the sections appear in the Health; Notice of Availability of Funds notice. SUMMARY: Reliant Energy Channelview and Request for Applications for All comments submitted in response LP has submitted a coal capability self- Radiation Health Effects Studies in the to this notice will be available for public certification pursuant to section 201 of Russian Federation inspection, during and after the the Powerplant and Industrial Fuel Use comment period, in Room 5C141, 400 AGENCY: Act of 1978, as amended. Office of Environment, Safety Maryland Avenue, SW, Washington, and Health, DOE. DC, between the hours of 8:30 a.m. and ADDRESSES: Copies of self-certification filings are available for public ACTION: Notice of availability of funds 4:00 p.m., Eastern time, Monday and request for applications. through Friday of each week except inspection, upon request, in the Office Federal holidays. of Coal & Power Im/Ex, Fossil Energy, SUMMARY: The Office of International On request, the Department supplies Room 4G–039, FE–27, Forrestal Health Programs, Office of Health an appropriate aid, such as a reader or Building, 1000 Independence Avenue, Studies, U.S. Department of Energy print magnifier, to an individual with a SW., Washington, DC 20585. (DOE), announces that it is accepting disability that needs assistance to FOR FURTHER INFORMATION CONTACT: applications to support U.S.-Russian review the comments. An individual Ellen Russell at (202) 586–9624. population-based studies on low dose- with a disability may call (202) 205– SUPPLEMENTARY INFORMATION: Title II of rate radiation health effects in the 8113 or (202) 260–9895. An individual the Powerplant and Industrial Fuel Use Russian Federation. This Notice is who uses a TDD may call the Federal Act of 1978 (FUA), as amended (42 issued subsequent to the more general
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Continuation of Solicitation for 2. Molecular epidemiology/ B. Radiation health effects research Epidemiology and Other Health Studies biomarkers of disease due to radiation conducted jointly with the Russian Financial Assistance Program published exposure. Federation provides a unique in the Federal Register (61 FR 53903) on C. Where possible, applications for opportunity to learn more about October 16, 1996. joint multi-disciplinary efforts that possible risks to groups of people from DATES: The deadline for receipt of combine epidemiology and dosimetry lengthy exposure to radiation. This applications is May 9, 2000. are encouraged. could include people receiving D. At this time, consideration will not exposure from uranium mining, ADDRESSES: U.S. Department of Energy, be given to applications: operations of nuclear facilities, transport Office of International Health Programs, 1. For research on populations and disposal of radioactive materials, EH–63/270CC, 19901 Germantown exposed as a result of nuclear power the testing and dismantling of nuclear Road, Germantown, Maryland 20874– incidents such as the Chernobyl weapons, and grossly contaminated 1290. Seven (7) copies of each accident; sites or facilities. application should be provided to the 2. For research on populations C. Currently, the JCCRER and DOE are above address. exposed as a result of testing conducted focusing on population and worker FOR FURTHER INFORMATION CONTACT: at the Semipalatinsk Test Site; studies in the Southern Urals region of Requests for further information on this 3. For validation of dosimetry (e.g., the Russian Federation. In 1948, a announcement may be directed to Dr. through Electron Paramagnetic nuclear weapons production complex, Ruth Neta, telephone: (301) 903–1757; Resonance, Fluorescent In-Situ the Mayak Production Association facsimile: (301) 903–1413; electronic Hybridization, and Thermoluminesence, (MAYAK), was established by the Soviet mail: [email protected]; or Ms. etc.), either as a component of a Union in the Southern Urals, about 100 Elizabeth White, telephone: (301) 903– retrospective physical dose km northwest of the city of Chelyabinsk. 7582; facsimile: (301) 903–1413; reconstruction effort or as an Large amounts of radioactive materials electronic mail: independent study; or were released into the environment [email protected]. 4. For cross-generational studies. between 1948 and 1957. Liquid E. DOE anticipates that approximately discharges into the Techa River from SUPPLEMENTARY INFORMATION: $1,000,000 may be available in fiscal MAYAK occurred from 1949–1956. As a year 2000 to support up to five new Table of Contents result, thousands of people residing projects initiated, through cooperative along the Techa River received I. Purpose agreements, as a result of this Notice. II. Background significant radiation exposures. Information from these studies is III. Applicants Furthermore, because of limited and expected to be of major importance to IV. Applications inadequate (by today’s standards) DOE’s mission to protect U.S. workers V. Phase I Application Evaluation and radiation protection measures and and populations from risks of exposures Selection procedures, thousands of MAYAK VI. DOE’s Policy on Protection of Human that may be associated with the workers were overexposed to radiation. Subjects Reviews Department’s current and future VII. DOE’s Role D. The current U.S. JCCRER members activities. are the: VIII. Notices on Lobbying Restrictions and F. Addendum XI will provide American Made Products 1. U.S. Department of Energy (DOE); potential applicants with background 2. U.S. Nuclear Regulatory IX. Intellectual Property Annex to the U.S.- information on JCCRER studies Russian Agreement Commission (NRC); X. U.S.-Russian Joint Coordinating conducted to date. Descriptions of 3. U.S. Department of Health and Committee for Radiation Effects Research cohorts included in this section are Human Services (HHS); (JCCRER) General Data Access Provisions limited to those of cohorts subject to 4. U.S. Department of Defense (DoD); XI. Addendum—Ongoing U.S.-Russian Joint ongoing JCCRER studies and are not 5. U.S. National Aeronautics and Coordinating Committee for Radiation intended to: (1) Be representative of all Space Administration (NASA); and Effects Reseach (JCCRER) Studies related studies in the Russian 6. U.S. Environmental Protection I. Purpose Federation; or (2) indicate a preference Agency (EPA). to support studies on these populations E. The current Russian JCCRER A. The Office of International Health over others exposed as a result of members are the: Programs, in partnership with the nuclear weapons production in the 1. Ministry for Civil Defense Affairs, Russian Federation, funds research on Russian Federation. Emergencies and Elimination of the health consequences (cancer and II. Background Consequences of Natural Disasters other diseases) of exposure to low-dose (EMERCOM); rate ionizing radiation. These ongoing A. The JCCRER is a bilateral 2. Ministry of Atomic Energy studies are coordinated through the Government committee representing (MINATOM); and U.S.-Russian Joint Coordinating Federal agencies from the United States 3. Ministry of Health (MINZDRAV). Committee for Radiation Effects and ministries from the Russian Research (JCCRER). Federation. It was established to III. Applicants B. The purpose of this Notice is to implement the Agreement on A. An applicant must be a U.S. encourage the submission of Cooperation in Research on Radiation organization(s), and applications must applications for new joint U.S.-Russian Effects for the Purpose of Minimizing include participation by both a U.S. feasibility studies on cohorts exposed to the Consequences of Radioactive organization(s) and a Russian chronic low-dose rate ionizing radiation Contamination on Health and the organization(s). U.S. applicants may as a result of nuclear weapons Environment (U.S.—Russian include, but are not limited to, nonprofit production in the Russian Federation. Agreement), signed on January 1, 1994, and for profit organizations, Specifically, applications in the by U.S. Secretary of State Warren universities, medical centers, research following fields will be considered: Christopher and Russian Foreign institutions, and other public and 1. Epidemiology and related Minister Andrey Kozyrev to support and private organizations, including small, dosimetry/dose reconstruction; and facilitate joint cooperative research. minority or women-owned businesses,
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2. Tissues Available for Study from the FIB–1 in Ozersk. DOE is currently living members of worker cohort, 1,200 Deceased Techa River Population and supporting an effort to establish a tissue of whom are currently residing in the MAYAK Worker Cohorts repository at FIB–1, as described below. city of Ozersk, will be added to this a. Establishment of Russian Human repository. Additionally, information on Tissues available for study on the Radiobiology Tissue Repository at FIB– internal and external exposure records, Southern Urals populations include 1 for Exposed MAYAK Workers. on medical records, and on work history those of the deceased Techa River The repository consists of organs and will be included in a computerized population, stored at URCRM in tissues of 600 deceased MAYAK inventory currently under development Chelyabinsk, as well as those of the workers. Blood sample donations for the tissues included in the deceased MAYAK workers, located at obtained with informed consent from repository.
Background Information on Formalin-fixed Tissue Materials From 180 Donors Inventoried to Date (a) Internal organs:
Intestine Lung Heart/ Stomach Pan- Liver Spleen Kidneys Urinary aorta creas Sm Lg bladder
Number of cases ...... 180 172/103 132 135 180 24 117 159 176 30
(b) Brain and other organs/tissues:
Brain Reproductive organs Adre- Lymph Hemi- Cere- Thyroid nals Pros- nodes spheres bellum Testes tate Ovary Uterus
Number of cases ...... 173 109 126 143 100 40 8 19 69
Accumulated Doses of External y-exposure for the 180 Registrants
Cumulative doses, Gy Non- 0.051± 1.01± 2.01± mon- <0.05 0.5 0.5±1.0 2.0 4.0 >4.0 itored
Number of cases ...... 11 15 7 67 63 27 10
Plutonium Body Burden for the 180 Registrants
Body burden, kBq No in- 0.76± 1.51± 2.96± 5.91± 11.85± forma- 0±0.75 1.5 2.95 5.9 11.84 47.36 >47.36 tion
Number of cases ...... 34 19 24 19 8 31 18 47
Ad hoc histology examination of 3. Current JCCRER Research Directions respective teams of researchers, and are tissue samples of 15 individuals showed summarized below. preservation of structure of tissue The JCCRER has initiated areas for A third JCCRER Direction, which is materials stored in formalin for 10–20 study called Directions. Direction 1 not related to this announcement, is years and their adequacy for utilization focuses on the Techa River population focused on U.S.—Russian emergency in morphology studies. Additionally, and Direction 2 focuses on the MAYAK preparedness/response activities. The work with 10 paraffin blocks has shown workers. All projects are jointly Russian Ministry for Emergencies is promise for future DNA studies. conducted by both U.S. and Russian leading these activities for the Russian principal investigators and their side.
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Direction 1: Medical Aspects of 3. Project 2.3: Non-cancerous Effects DEPARTMENT OF ENERGY Radiation Exposure Effects on of Occupational Exposure to Radiation. Federal Energy Regulatory Population Objectives: To validate and analyze Commission 1. Project 1.1: Dose Reconstruction for the data on acute and chronic effects of the Population Subjected to Radiation in radiation, other than cancer, observed in [Docket No. EC00±53±000] the Urals. a large number of workers at the Mayak Objectives: To reconstruct, validate Production Association. (U.S. support Black River Limited Partnership; Errata of February 16, 2000; Notice of Filing and analyze data on individual from NRC.) radiation doses received by the Issued February 8, 2000 4. Project 2.4: Reconstruction of population so that these can be used in Individual Doses of Exposure to Mayak By this notice, the due date for studies assessing the risks of developing Production Association Workers. interventions and protests in the above- cancer in exposed populations. (U.S. referenced proceeding is hereby support from DOE, with supplements Objectives: To develop an electronic shortened to and including February 28, from NASA and EPA—scheduled for database of reconstructed doses for 2000. completion in March 2000) external and internal exposures received 2. Project 1.2: Risk Estimation of the by the MAYAK worker cohort. (U.S. David P. Boergers, Carcinogenic Effects in the Population support from DOE.) Secretary. Residing in the Region of the Mayak [FR Doc. 00–4093 Filed 2–18–00; 2:18 am] Additional DOE Office of International Production Association. BILLING CODE 6717±01±M Objectives: To conduct studies to Health Programs-Funded Direction 2 determine the risk of cancer in Studies population groups exposed to DEPARTMENT OF ENERGY The Office of International Health radioactive contaminants in the region, Programs awarded five cooperative to characterize the quality and validity Federal Energy Regulatory agreements in August 1998 for fifteen of the data for conducting such studies, Commission (15) month feasibility studies to support and to preserve the existing data using [Docket No. EC00±76±000] modern technologies. (U.S. support ongoing joint U.S.-Russian studies in from DOE on cancer incidence, the first the Southern Urals on low dose-rate Black River Limited Partnership; Errata component of which is scheduled for radiation health effects. These new of February 15, 2000; Notice of completion in March 2000, and data studies were aimed at adding a Amendment to Application for preservation projects; from National molecular epidemiology/biodosimetry Commission Determination of Exempt Cancer Institute (HHS) on cancer component to the ongoing Wholesale Generator Status Issued mortality project.) epidemiologic and dose reconstruction February 11, 2000 3. Project 1.3: Retrospective work of the JCCRER. The feasibility By this notice, the due date for Reconstruction of Radionuclide studies have been jointly conducted by interventions and protests in the above- Contamination of Techa River Caused the FIB–1 in Ozersk and U.S. referenced proceeding is hereby by Liquid Waste Discharge from institutions, and the following two have shortened to and including February 25, Radiochemical Production at the Mayak proceeded as Phase II studies. 2000. Production Association: 1949–1956. 1. Improved Dosimetry and Risk Objectives: To supplement the Assessment for Plutonium-Induced David P. Boergers, population dose reconstruction study by Lung Disease Using a Microdosimetric Secretary. providing additional information on the Approach [FR Doc. 00–4056 Filed 2–18–00; 8:45 am] source term of radioactive materials BILLING CODE 6717±01±M released into the Techa River. (U.S. Objectives: To determine plutonium support from DOE—completed in 1998.) distribution in relation to pathology in preserved tissues. Direction 2: Medical Consequences of DEPARTMENT OF ENERGY Occupational Exposure to Radiation 2. Establishment of a Repository Containing Tissues and Organs of Federal Energy Regulatory 1. Project 2.1: Metabolism and Deceased Workers of the Mayak Commission Dosimetry of Plutonium Industrial Production Association Who Were [Docket No. ER00±1317±000] Compounds. Exposed to Actinide Elements. Objectives: To conduct a joint Central Vermont Public Service Objectives: To establish a human analysis of the data collected by the U.S. Corporation; Notice of Filing Transuranium and Uranium Registry tissue repository for cytogenetic and (USTUR) and the dosimetry registry at molecular biological research at FIB–1 February 10, 2000. FIB–1/MAYAK on deceased people in Ozersk. Take notice that on February 7, 2000, with occupational exposure to radiation. Issued in Washington, D.C., on February Central Vermont Public Service (U.S. support from DOE—scheduled for 11, 2000. Corporation (Central Vermont), tendered completion in March 2000.) for filing revised Network Integration Paul J. Seligman, M.D., M.P.H., 2. Project 2.2: Risk Estimation for Transmission Service Agreements with Stochastic (Carcinogenic) Effects of Deputy Assistant Secretary for Health Studies. Vermont Electric Cooperative, Inc.; Occupational Exposure. [FR Doc. 00–4136 Filed 2–18–00; 8:45 am] Woodsville Fire District Water and Light Objectives: To determine risk BILLING CODE 6450±01±P Department (Woodsville); Village of estimates for cancer as a result of Johnson Water and Light Department; prolonged occupational exposure to Rochester Electric Light and Power radiation, from both external sources Company; Village of Ludlow Electric and internally-deposited radioactive Light Department of serve under Central compounds. (U.S. support from DOE.) Vermont’s Open Access Transportation
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Tariff No. 7. The revisions add facilities, once conveyed to Arrowhead, to a proceeding or to participate as a provisions relating to ancillary services will be gathering facilities not subject to party in any hearing therein must file a for each of the customers. Central the Commission’s jurisdiction pursuant motion to intervene in accordance with Vermont requests that the Commission to NGA Section 1(b). All as more fully the Commission’s Rules. waive its notice of filing requirements set forth in the joint application on file Take further notice that, pursuant to and allow the agreements to become with the Commission which is open to the authority contained in and subject to effective as of January 1, 2000, public inspection. This filing may be the jurisdiction conferred upon the consistent with Central Vermont’s viewed on the web at http.// Federal Energy Regulatory Commission original request in the docket. www.ferc.fed.us/online/rims.htm (call by Sections 7 and 15 of the Natural Gas Any person desiring to be heard or to 202–208–2222 for assistance). Act and the Commission’s Rules of protests such filing should file a motion Communications concerning this Practice and Procedure, a hearing will to intervene or protest with the Federal filing should be addressed to: be held without further notice before the Energy Regulatory Commission, 888 For Florida Gas Transmission Company Commission or its designee on this First Street, NE Washington, DC 20426, Mr. Stephen T. Veatch, application if no motion to intervene is in accordance with Rules 211 and 214 Director, Certificates and Regulatory filed within the time required herein, if of the Commission’s Rules of Practice Reporting—(713)–853–6549, Suite the Commission on its own review of and Procedure (18 CFR 385.211 and 3997 the matter finds that permission and 385.214). All such motions and protests or Mr. Frazier King, Senior Counsel— approval for the proposed abandonment should be filed on or before February (713)–853–7228, Suite 4742 is required by the public convenience 28, 2000. Protests will be considered by 1400 Smith Street, and necessity. If a motion for leave to the Commission to determine the Florida Gas Transmission Company, intervene is timely filed, or if the appropriate action to be taken, but will P.O. Box 1188, Commission on its own motion believes not serve to make protestants parties to Houston, Texas 77251–1188. that a formal hearing is required, further the proceedings. Any person wishing to For Southern Natural Gas Company notice of such hearing will be duly become a party must file a motion to Patrick B. Pope, General Counsel given. intervene. Copies of this filing are on Telephone: (205) 325–7126 file with the Commission and are or Sandra W. Murvin, Senior Counsel Under the procedure herein provided available for public inspection. This (205) 325–3859, for, unless otherwise advised, it will be filing may also be viewed on the 1900 5th Ave. North, unnecessary for the Applicants to Internet at http:www.ferc.fed.us/online/ Southern Natural Gas Company, appear or be represented at the hearing. rims.htm (call 202–208–2222 for Post Office Box 2563, David P. Boergers, assistance). Birmingham, AL 35202–2563. Secretary. Linwood A. Watson, Jr., It is stated that the facilities that are [FR Doc. 00–4089 Filed 2–18–00; 8:45 am] Acting Secretary. the subject of this application were BILLING CODE 6717±01±M [FR Doc. 00–4087 Filed 2–18–00; 8:45 am] initially constructed in order to connect gas supplies to the systems of FGT and BILLING CODE 6717±01±M SNG for rendering their merchant DEPARTMENT OF ENERGY functions. Since FGT and SNG ceased DEPARTMENT OF ENERGY making sales of gas, deliveries through Federal Energy Regulatory these facilities have dramatically Commission Federal Energy Regulatory declined. Thus, these facilities have Commission been underutilized for a number of [Docket No. EC00±56±000, et al.] years. [Docket No. CP00±78±000] The Applicants further state that the Onondaga Cogeneration Limited Florida Gas Transmission Company abandonment and sale of these facilities Partnership, et al.; Electric Rate and and Southern Natural Gas Company; will eliminate the inefficiencies of Corporate Regulation Filings Notice of Application under-utilization, reduce operation and maintenance costs, reduce rate base and February 14, 2000 February 15, 2000. avoid potential stranded costs while Take notice that the following filings Take notice that on February 4, 2000, firm service from and to primary points have been made with the Commission: Florida Gas Transmission Company will be maintained by FGT and SNG. (FGT), 1400 Smith Street, Houston, Any person desiring to be heard or to 1. Onondaga Cogeneration Limited Texas 77002 and Southern Natural Gas make any protest with reference to said Partnership Company (Southern), 1900 Fifth Avenue application should on or before March [Docket No. EC00–56–000] North, Birmingham, Alabama 35203 1, 2000, file with the Federal Energy filed a joint application in Docket No. Regulatory Commission, Washington, Take notice that on February 4, 2000, CP00–78–000 pursuant to Section 7(b) D.C. 20426, a motion to intervene or a Onondaga Cogeneration Limited of the Natural Gas Act, as amended, for protest in accordance with the Partnership (Onondaga) tendered for permission and approval to abandon by requirements of the Commission’s Rules filing with the Federal Energy sale to Arrowhead Pipeline, L.P. of Practice and Procedure (18 CFR Regulatory Commission an application (Arrowhead), five minor gas supply 385.214 or 385.211) and the Regulations for authorization to transfer facilities lines along with related taps, valves, under the Natural Gas Act (18 CFR under Section 203 of the Federal Power three measurement facilities, a 157.10). All protests filed with the Act in connection with a sale-leaseback dehydrator facility, and other minor Commission will be considered by it in of facilities associated with Onondaga’s appurtenant facilities located onshore determining the appropriate action to be generating facility in Geddes, New York. and offshore in Matagorada County, taken but will not serve to make the Comment date: March 6, 2000, in Texas. In addition, the Applicants are protestants parties to the proceeding. accordance with Standard Paragraph E seeking determination that these Any person wishing to become a party at the end of this notice.
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2. Con Edison Energy, Inc.; Strategic (hereinafter Companies) tendered for tendered for filing a revised Exhibit A Power Management, Inc.; U. S. Power & filing an executed unilateral Service to the existing Contract for Interchange Light, Inc.; Business Discount Plan, Inc. Agreement between the Companies and Service between itself and Kissimmee Reliant Energy Services under the Utility Authority (KUA). The revised [Docket Nos. ER98–2491–006, ER96–2591– 012, ER96–105–017, and ER99–581–004] Companies Rate Schedule MBSS. Exhibit A contains revisions to the Comment date: February 28, 2000, in description of the existing point of Take notice that on February 8, 2000, accordance with Standard Paragraph E interconnection to reflect changes in the above-mentioned power marketers at the end of this notice. facilities and the description of a new filed quarterly reports with the 8. Louisville Gas and Electric Company/ point of interconnection. Commission in the above-mentioned FPC requests Commission waiver of Kentucky Utilities Company proceedings for information only. the 60-day notice requirement in order 3. New England Power Pool [Docket No. ER00–1566–000] to allow the contract to become effective Take notice that on February 7, 2000, as a rate schedule on February 8, 2000. [Docket No. ER99–2175–003] Louisville Gas and Electric Company Comment date: February 28, 2000, in Take notice that on February 8, 2000, (LG&E)/Kentucky Utilities (KU) accordance with Standard Paragraph E ISO New England Inc. tendered for (hereinafter Companies) tendered for at the end of this notice. filing with the Commission, information filing an executed Firm Point-to-Point 12. Idaho Power Company regarding Market Rule 15 actions for Transmission Service Agreement September 1999 in the above-referenced between the Companies and British [Docket No. ER00–1570–000] proceeding for informational purposes Columbia Power Exchange Corporation Take notice that on February 7, 2000, only. under the Companies Open Access Idaho Power Company (IPC) tendered 4. The Toledo Edison Company Transmission Tariff. for filing with the Federal Energy Comment date: February 28, 2000, in Regulatory Commission, Service [Docket No. ER00–1540–000] accordance with Standard Paragraph E Agreements for Non-firm Point-to-Point Take notice that on February 4, 2000, at the end of this notice. Transmission Service and Firm Point-to- Toledo Edison Company filed their Point Transmission Service between quarterly report for the quarter ending 9. Louisville Gas and Electric Company/ Kentucky Utilities Company Idaho Power Company and Tri-State December 31, 1999. Generation and Transmission Comment date: March 6, 2000, in [Docket No. ER00–1567–000] Association. accordance with Standard Paragraph E Take notice that on February 7, 2000, Comment date: February 28, 2000, in at the end of this notice. Louisville Gas and Electric Company accordance with Standard Paragraph E 5. Southern Energy NY–GEN, L.L.C.; (LG&E)/Kentucky Utilities (KU) at the end of this notice. (hereinafter Companies) tendered for Southern Energy Bowline, L.L.C.; 13. Delmarva Power & Light Company Southern Energy Lovett, L.L.C. filing an executed Non-Firm Point-to- Point Transmission Service Agreement [Docket No. ER00–1571–000] [Docket Nos. ER00–1553–000, ER00–1554– between the Companies and British Take notice that on February 7, 2000 000, and ER00–1555–000] Columbia Power Exchange Corporation Delmarva Power & Light Company Take notice that on February 8, 2000, under the Companies Open Access (Delmarva) tendered for filing an the above-mentioned affiliated power Transmission Tariff. executed umbrella service agreement producers and/or public utilities filed Comment date: February 28, 2000, in with Virginia Electric and Power their quarterly reports for the quarter accordance with Standard Paragraph E Company under Delmarva’s market rate ending December 31, 1999. at the end of this notice. sales tariff, FERC Electric Tariff, Second Comment date: March 6, 2000, in 10. California Independent System Revised Volume No. 14. accordance with Standard Paragraph E Delmarva requests an effective date of Operator Corporation at the end of this notice. February 7, 2000, the date of filing. [Docket No. ER00–1568–000] Comment date: February 28, 2000, in 6. Wisvest-Connecticut, LLC accordance with Standard Paragraph E Consolidated Edison Company of New Take notice that on February 7, 2000, at the end of this notice. York, Inc.; Orange and Rockland the California Independent System Utilities, Inc.; Orange and Rockland Operator Corporation tendered for filing 14. USGen New England, Inc. a Scheduling Coordinator Agreement Utilities, Inc.; USGen New England, [Docket No. ER00–1572–000] Inc. between the ISO and Arizona Electric Power Cooperative, Inc. (Arizona Take notice that on February 7, 2000, [Docket Nos. ER00–1557–000, ER00–1558– Electric) for acceptance by the USGen New England, Inc. (USGenNE) 000, ER00–1559–000, ER00–1560–000, and Commission. tendered for filing an unexecuted ER00–1561–000] The ISO states that this filing has been System Restoration Service Agreement Take notice that on February 9, 2000, served on Arizona Electric and the between USGenNE and ISO New the above-mentioned affiliated power California Public Utilities Commission. England Inc. (ISO New England). producers and/or public utilities filed The ISO is requesting waiver of the Copies of the filing have been served quarterly reports. 60-day notice requirement to allow the upon ISO New England and counsel for Comment date: March 6, 2000, in Scheduling Coordinator Agreement to the New England Power Pool. accordance with Standard Paragraph E be made effective as of January 18, 2000. Comment date: February 28, 2000, in at the end of this notice. Comment date: February 28, 2000, in accordance with Standard Paragraph E 7. Louisville Gas and Electric Company/ accordance with Standard Paragraph E at the end of this notice. at the end of this notice. Kentucky Utilities Company 15. Southwestern Electric Power [Docket No. ER00–1565–000] 11. Florida Power Corporation Company Take notice that on February 7, 2000 [Docket No. ER00–1569–000] [Docket No. ER00–1573–000] Louisville Gas and Electric Company Take notice that on February 7, 2000, Take notice that on February 7, 2000, (LG&E)/Kentucky Utilities (KU) Florida Power Corporation (FPC) Southwestern Electric Power Company
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(SWEPCO) filed Amendment No. 3 to DEPARTMENT OF ENERGY b. Project No.: 2169. the Power Supply Agreement (PSA), as c. Date Filed: January 31, 2000. amended, between SWEPCO and the Federal Energy Regulatory d. Submitted By: Alcoa Power City of Bentonville, Arkansas Commission Generating Inc.—current licensee. (Bentonville) in order to provide for a e. Name of Project: Tapoco new point of delivery. A revised Exhibit Notice of Intent to File an Application Hydroelectric Project. F to the PSA, Points of Delivery, is for a New License f. Location: On the Little Tennessee attached to and incorporated in the and Cheoah Rivers, in Graham and February 15, 2000. Swain Counties, North Carolina, and Amendment No. 3. a. Type of Filing: Notice of Intent to SWEPCO requests an effective date of Blount and Monroe Counties, File An Application for a New License. Tennessee. April 15, 2000. b. Project No.: 2619. g. Filed Pursuant to: Section 15 of the Copies of the filing have been served c. Date Filed: February 4, 2000. on Bentonville and the Arkansas Public d. Submitted By: Nantahala Power Federal Power Act. Service Commission. and Light—current licensee. h. Licensee Contact: Sue Fugate, Comment date: February 28, 2000, in e. Name of Project: Mission Alcoa Power Generating Inc., Tapoco accordance with Standard Paragraph E Hydroelectric Project. Division, 300 North Hall Road, Alcoa, at the end of this notice. f. Location: On the Hiwassee River, a TN 37701 (865) 977–3321. i. FERC Contact: Ron McKitrick, 16. Ameren Services Company tributary of the Tennessee River, in Clay County, North Carolina. [email protected], (770) 452– [Docket No. ER00–1574–000] g. Filed Pursuant to: Section 15 of the 3778. Take notice that on February 7, 2000, Federal Power Act. j. Effective date of current license: Ameren Services Company (ASC) h. Licensee Contact: John C. Wishon, March 1, 1955. tendered for filing a Service Agreement Nantahala Power and Light, 301 NP&L k. Expiration date of current license: for Market Based Rate Power Sales Loop, Franklin, NC 28734, (828) 369– February 28, 2005. between ASC and Edgar Electric 4604. l. Description of the Project: The Cooperative Association d/b/a EnerStar i. FERC Contact: Tom Dean, project comprises four developments. Power Corp. (EnerStar). ASC asserts that [email protected], (202) 219– The Chilhowee Development consists the purpose of the Agreement is to 2778. of the following existing facilities: (1) a permit ASC to make sales of capacity j. Effective date of current license: 91-foot-high, 1,483-foot-long concrete and energy at market based rates to May 1, 1965. gravity dam comprised of a gated EnerStar pursuant to ASC’s Market k. Expiration date of current license: spillway section; (2) a 1,747-acre Based Rate Power Sales Tariff filed in July 31, 2005. reservoir at a normal pool elevation of Docket No. ER98–3285–000. l. Description of the Project: The 874.0 feet msl; (3) a powerhouse, ASC requests that the Service project consists of the following existing integral with the dam, containing three Agreement become effective January 26, facilities: (1) a 47.5-foot-high, 397-foot- generating units with a total installed 2000. long concrete dam comprised of a gated capacity of 50.5 MW; and (4) other Comment date: February 28, 2000, in spillway section; (2) the 60-acre Mission appurtenances. accordance with Standard Paragraph E Reservoir at a normal pool elevation of The Calderwood Development at the end of this notice. 1,658.40 feet U.S.G.S.; (3) three 56-foot- consists of the following existing long penstocks; (4) a powerhouse facilities: (1) a 232-foot-high, 916-foot- Standard Paragraphs integral with the dam, containing three long concrete arch dam comprised of a E. Any person desiring to be heard or generating units with a total installed gated spillway section; (2) a 536-acre to protest such filing should file a capacity of 1,800 kW; (5) a 34.5-kV reservoir at a normal pool elevation of motion to intervene or protest with the transmission line; and (6) other 1,087.5 feet msl; (3) a 26.5-foot- Federal Energy Regulatory Commission, appurtenances. diameter, 2,147-foot-long concrete 888 First Street, N.E., Washington, D.C. m. Each application for a new license tunnel; (4) three 16-foot-diameter, 330 to 20426, in accordance with Rules 211 and any competing license applications 388-foot-long penstocks; (5) a and 214 of the Commission’s Rules of must be filed with the Commission at powerhouse containing three generating Practice and Procedure (18 CFR 385.211 least 24 months prior to the expiration units with a total installed capacity of and 385.214). All such motions or of the existing license. All applications 121.5 MW; and (6) other appurtenances. protests should be filed on or before the for license for this project must be filed The Cheoah Development consists of comment date. Protests will be by July 31, 2003. the following existing facilities: (1) a considered by the Commission in 225-foot-high, 750-foot-long concrete David P. Boergers, determining the appropriate action to be gravity dam comprised of a gated taken, but will not serve to make Secretary. spillway section; (2) a 615-acre reservoir protestants parties to the proceeding. [FR Doc. 00–4090 Filed 2–18–00; 8:45 am] at a normal pool elevation of 1,276.5 Any person wishing to become a party BILLING CODE 6717±01±M feet msl; (3) a concrete tunnel consisting must file a motion to intervene. Copies of four 13.5-foot-diameter, 886 to 922- of these filings are on file with the foot-long penstocks; (4) a 17-foot- DEPARTMENT OF ENERGY Commission and are available for public diameter, 513-foot-long penstock; (5) a powerhouse containing five generating inspection. This filing may also be Federal Energy Regulatory units with a total installed capacity of viewed on the Internet at http:// Commission www.ferc.fed.us/ online/rims.htm (call 110 MW; and (6) other appurtenances. 202–208–2222 for assistance). Notice of Intent to File an Application The Santeetlah Development consists For a New License of the following existing facilities: (1) a David P. Boergers, 216-foot-high, 1,054-foot-long concrete Secretary. February 15, 2000 gravity dam comprised of a gated [FR Doc. 00–4086 Filed 2–18–00; 8:45 am] a. Type of Filing: Notice of Intent to spillway section; (2) a 2,863-acre BILLING CODE 6717±01±P File An Application for a New License. reservoir at a normal pool elevation of
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1,817 feet msl; (3) a 11-foot-diameter, ENVIRONMENTAL PROTECTION 1235 Jefferson Davis Highway, 26,123-foot-long concrete tunnel; (4) a AGENCY Arlington, VA. The RIC is open from 9 powerhouse containing two generating a.m. to 4 p.m., Monday through Friday, [FRL±6540±5] units with a total installed capacity of excluding federal holidays. To review 45 MW; and (5) other appurtenances. Agency Information Collection docket materials, it is recommended m. Each application for a new license Activities: Continuing Collection; that the public make an appointment by and any competing license applications Comment Request; Land Disposal calling 703 603–9230. The public may must be filed with the Commission at Restrictions No-Migration Variances copy a maximum of 100 pages from any least 24 months prior to the expiration regulatory docket at no charge. of the existing license. All applications AGENCY: Environmental Protection Additional copies cost $0.15/page. The for license for this project must be filed Agency (EPA). index and some supporting materials by February 28, 2003. ACTION: Notice. are available electronically. See the David P. Boergers, ‘‘Supplementary Information’’ section SUMMARY: In compliance with the for information on accessing them. Secretary. Paperwork Reduction Act (44 U.S.C. The ICR is available on the Internet at [FR Doc. 00–4091 Filed 2–18–00; 8:45 am] 3501 et seq.), this document announces http://www.epa.gov/epaoswer/ BILLING CODE 6717±01±M that EPA is planning to submit the hazwaste/ldr/icr/nomigvar.htm following continuing Information The official record for this action will Collection Request (ICR) to the Office of be kept in paper form. Accordingly, EPA DEPARTMENT OF ENERGY Management and Budget (OMB): Land will transfer all comments received Federal Energy Regulatory Disposal Restrictions No-Migration electronically into paper form and place Commission Variances, EPA ICR Number 1353, OMB them in the official record, which will Control Number 2050–0062, current also include all comments submitted [Project No. 184] expiration date May 31, 2000. Before directly in writing. EPA responses to submitting the ICR to OMB for review comments, whether the comments are El Dorado Irrigation District; Notice of and approval, EPA is soliciting written or electronic, will be in a notice Meeting Cancellation comments on specific aspects of the in the Federal Register. EPA will not February 15, 2000. proposed information collection as immediately reply to commenters The meeting scheduled for February described below. electronically other than to seek 22, 2000, at 9:30 a.m. in Placerville, DATES: Comments must be submitted on clarification of electronic comments that California announced by notice issued or before April 24, 2000. may be garbled in transmission or February 7, 2000, has been canceled. If ADDRESSES: Commenters must send an during conversion to paper form, as the Commission’s staff schedule to original and two copies of their discussed above. attend a public District’s meeting in the comments referencing docket number FOR FURTHER INFORMATION CONTACT: For future, appropriate notice will be F–2000-NVIP-FFFFF to: (1) if using general information, contact the RCRA issued. regular US Postal Service mail: RCRA Hotline at 800–424–9346 or TDD 800– Docket Information Center, Office of 553–7672 (hearing impaired). In the David P. Boergers, Solid Waste (5305G), U.S. Washington, DC, metropolitan area, call Secretary. Environmental Protection Agency 703–412–9810 or TDD 703 412–3323. [FR Doc. 00–4092 Filed 2–18–00; 8:45 am] Headquarters (EPA, HQ), 1200 For more detailed information on BILLING CODE 6717±01±M Pennsylvania Avenue, NW, Washington, specific aspects of this rulemaking, DC 20460–0002, or (2) if using special contact David Eberly, Office of Solid delivery, such as overnight express Waste, 5303W, U.S. Environmental DEPARTMENT OF ENERGY service: RCRA Docket Information Protection Agency, Ariel Rios Building, Center (RIC), Crystal Gateway One, 1235 1200 Pennsylvania Avenue, NW, Federal Energy Regulatory Washington, DC 20460–0002, by phone Commission Jefferson Davis Highway, First Floor, Arlington, VA 22202. Comments may at 703–308-8645, or by e-mail at [Docket No. RP97±431±000] also be submitted electronically through [email protected]. the Internet to: [email protected]. SUPPLEMENTARY INFORMATION: Natural Gas Pipeline Company of Comments in electronic format should America; Notice of Rescheduling of also be identified by the docket number Internet Availability Conference F–2000-NVIP-FFFFF and must be Today’s notice and the supporting February 15, 2000. submitted as an ASCII file avoiding the documents that detail the No-Migration Take notice that the conference in the use of special characters and any form Regulations ICR are available on the above-captioned proceeding has been of encryption. Internet. Follow these instructions to rescheduled for Thursday, March 2, Commenters should not submit access this information electronically: 2000, beginning at 10:00 am, in a room electronically any confidential business WWWURL: http://www.epa.gov/ to be designated at the offices of the information (CBI). An original and two epaoswer/hazwaste/ldr/icr/ Federal Energy Regulatory Commission, copies of CBI must be submitted under nomigvar.htm 888 First Street, NE, Washington DC separate cover to: RCRA CBI Document FTP: ftp.epa.gov 20426. Control Officer, Office of Solid Waste Login: anonymous All interested parties are permitted to (5305W), U.S. EPA, Ariel Rios Building, Password: your Internet e-mail address attend. 1200 Pennsylvania Avenue, NW, Path:/pub/epaoswer Washington, DC 20460–0002. Note: The official record for this action will David P. Boergers, Public comments and supporting be kept in paper form and maintained at the Secretary. materials are available for viewing in address in the ADDRESSES section above. [FR Doc. 00–4088 Filed 2–18–00; 8:45 am] the RCRA Information Center (RIC), Affected entities: Entities potentially BILLING CODE 6717±01±M located at Crystal Gateway I, First Floor, affected by this action are owners and
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This includes the time needed to review Dated: February 15, 2000. formally submitted on December 21, instructions; develop, acquire, install, Oscar Morales, 1999. The Phase II Plan includes the and utilize technology and systems for Director, Collection Strategies Division. attainment demonstration for the one- the purposes of collecting, validating, [FR Doc. 00–4140 Filed 2–18–00; 8:45 am] hour National Ambient Air Quality and verifying information, processing BILLING CODE 6560±50±P Standard (NAAQS) for ozone and the and maintaining information, and two Post 99 ROP plans (2002 and 2005) disclosing and providing information; for the Baltimore nonattainment area. adjust the existing ways to comply with ENVIRONMENTAL PROTECTION On March 2, 1999, the D.C. Circuit any previously applicable instructions AGENCY Court ruled that the budgets contained and requirements; train personnel to be in submitted SIPs cannot be used for able to respond to a collection of [FRL±6541±4] transportation conformity determinations until EPA has information; search data sources; Adequacy Status of Motor Vehicle affirmatively found them adequate. As a complete and review the collection of Emissions Budgets in Submitted State result of our findings, the attainment information; and transmit or otherwise Implementation Plans for budgets and the ROP budgets contained disclose the information. Transportation Conformity Purposes; Respondents/Affected Entities: Home in the submitted revised Phase II SIP for Maryland; Phase II Plan for the the Baltimore ozone nonattainment area Energy Rating System (HERS) providers, Baltimore Ozone Nonattainment Area Energy Star Home builders, Energy Star may be used for future conformity Home and control home buyers, energy AGENCY: Environmental Protection determinations. suppliers (utility companies) of home Agency (EPA). On April 29, 1998, MDE submitted its Phase II SIP for the Baltimore area. That buyers. ACTION: Notice of adequacy status. Phase II SIP contained mobile source Estimated Number of Respondents: SUMMARY: EPA is announcing that the vehicle emissions budgets both for ROP 1. Memorandum of Understanding: revised motor vehicle emissions budgets and for attainment. On August 2, 1999, 533 each year for 3 years. (hereafter referred to as ‘‘budgets’’) the availability of the Phase II SIP and 2. HERS providers (information from contained in the revised Phase II Plan the motor vehicle emission budgets was form already filled out by HERS for the Baltimore Ozone Nonattainment posted on EPA’s conformity WEB site provider in course of his/her business): Area submitted by the State of Maryland for the purpose of soliciting public 1st year—1,000; 2nd year—5,500; 3rd as a State Implementation Plan (SIP) comment. The comment period closed year—14,000. revision are adequate for transportation on August 31, 1999, and no comments 3. Energy Star Home Builders: 1st conformity purposes. The State were received. On October 26, 1999 EPA year—600; 2nd year—200, 3rd year— submitted the revised Phase II plan to we sent a letter to MDE which 200. EPA for parallel processing on constituted final Agency actions on the 4. Energy Star Home and control December 3, 1999, and then formally adequacy of the budgets contained in home buyers (two groups): 686 from submitted it on December 21, 1999. The the Phase II SIP submitted on April 29, each group each year for 3 years. Phase II SIP consists of the attainment 1999. Those actions were EPA’s findings 5. Energy suppliers (utility demonstration and the two Post 99 Rate- that the budgets were not adequate. companies) of these home buyers—see of-Progress (ROP) plans (2002 and 2005) On December 3, 1999, a revised Phase previous item: 686 from each group for the Baltimore nonattainment area. II plan with new attainment and ROP each year for 3 years. EPA has found the attainment budgets budgets was submitted as a SIP revision by MDE for parallel processing. The Frequency of Response: Once for each and the ROP budgets of the submitted revised Phase II SIP for the Baltimore revised Phase II plan was formally respondent. submitted on December 21, 1999. On Estimated Total Annual Hour Burden: area adequate for transportation conformity purposes. December 21, 1999, we posted the 3,198 hours. availability of the SIP and the motor DATES: Estimated Total non-labor Cost The findings that the attainment vehicle emission budgets on our Burden: $0. and ROP budgets are adequate, made in conformity website for the purpose of Send comments on the Agency’s need a letter dated February 15, 2000 to the soliciting public comment on the for this information, the accuracy of the Maryland Department of the adequacy of the mobile budgets. The provided burden estimates, and any Environment, are effective on March 8, comment period closed on January 20, suggested methods for minimizing 2000. 2000. EPA received comments from the respondent burden, including through FOR FURTHER INFORMATION CONTACT: Paul University of Maryland School of Law the use of automated collection T. Wentworth, P.E., U.S. EPA, Region on behalf of its client, an organization techniques to the following addresses. III, 1650 Arch Street, Philadelphia, PA. called the 1000 Friends of Maryland. Please refer to EPA ICR No 1879.01 in 19103 at (215) 814–2184 or by e-mail at: On February 15, 2000, we sent a letter any correspondence. [email protected]. to MDE which constituted final Agency Ms. Sandy Farmer, Collection Strategies SUPPLEMENTARY INFORMATION: actions on the adequacy of the budgets Division, Office of Environmental Throughout this document the terms contained in the revised Phase II SIP. Information (OEI), U.S. ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ refer to EPA. The Those actions were EPA’s findings that Environmental Protection Agency word ‘‘budgets’’ refers to the motor the attainment budgets and the ROP (2822), 1200 Pennsylvania Ave. NW, vehicle emission budgets for volatile budgets are adequate for transportation Washington, DC 20460; organic compounds (VOCs) and conformity purposes. This is an nitrogen oxides (NOx). The word ‘‘SIP’’ announcement of adequacy findings and in this document refers to the revised that we already made on February 15, Office of Information and Regulatory Phase II Plan for the Baltimore 2000. The effective date of these Affairs, Office of Management and nonattainment area submitted to EPA by findings is March 8, 2000. These Budget, Attention: Desk Officer for the Maryland Department of the findings will also be announced on EPA, 725 17th Street, NW, Environment (MDE) for parallel EPA’s website: http://www.epa.gov/ Washington, DC 20503. processing on December 3, 1999 and oms/traq, (once there, click on the
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‘‘Conformity’’ button, then look for SUMMARY: This notice announces the II. How Can I Get Additional ‘‘Adequacy Review of SIP Submissions availability of the revised risk Information, Including Copies of this for Conformity’’). The website will assessments and related documents for Document or Other Related Documents? contain a detailed analysis of our two organophosphate pesticides, A. Electronically. You may obtain adequacy finding and our responses to acephate and methamidophos. In electronic copies of this document and the public comments received from the addition, this notice starts a 60-day other related documents from the EPA University of Maryland School of Law public participation period during Internet Home Page at http:// on behalf of its client, the 1000 Friends which the public is encouraged to www.epa.gov/. To access this of Maryland. Transportation conformity submit risk management ideas or document, on the Home Page select is required by section 176 of the Clean proposals. These actions are in response ‘‘Laws and Regulations’’ and then look Air Act. EPA’s conformity rule requires to a joint initiative between EPA and the up the entry for this document under that transportation plans, programs, and Department of Agriculture (USDA) to the ‘‘Federal Register—Environmental projects conform to SIPs and establishes increase transparency in the tolerance Documents.’’ You can also go directly to the criteria and procedures for reassessment process for the Federal Register listings at http:// determining whether or not they do so. organophosphate pesticides. www.epa.gov/fedrgstr/. Conformity to a SIP means that To access information about transportation activities will not DATES: Comments, identified by docket organophosphate pesticides and obtain produce new air quality violations, control numbers OPP–34164B for electronic copies of the revised risk worsen existing violations, or delay acephate and OPP–34166B for assessments and related documents timely attainment of the NAAQS. The methamidophos, must be received by mentioned in this notice, you can also criteria by which we determine whether EPA on or before April 24, 2000. go directly to the Home Page for the a SIP’s budgets are adequate for Office of Pesticide Programs (OPP) at conformity purposes are outlined in 40 ADDRESSES: Comments may be http://www.epa.gov/pesticides/op/. CFR 93.118(e)(4). submitted by mail, electronically, or in B. In person. The Agency has Please note that an adequacy finding person. Please follow the detailed established an official record for this is separate from EPA’s completeness instructions for each method as action under docket control numbers finding, and separate from EPA’s provided in Unit III. of the OPP–34164B for acephate and OPP– finding whether or not the SIP is ‘‘SUPPLEMENTARY INFORMATION.’’ 34166B for methamidophos. The official approvable. Even if we find a budget To ensure proper receipt by EPA, it is record consists of the documents adequate, the SIP could later be imperative that you identify docket specifically referenced in this action, disapproved. We describe our process control numbers OPP–34164B for any public comments received during for determining the adequacy of acephate and OPP–34166B for an applicable comment period, and submitted SIP budgets in a guidance methamidophos in the subject line on other information related to this action, memorandum dated May 14, 1999 the first page of your response. including any information claimed as entitled ‘‘Conformity Guidance on CBI. This official record includes the Implementation of March 2, 1999 FOR FURTHER INFORMATION CONTACT: documents that are physically located in Conformity Court Decision’’. We Karen Angulo, Special Review and the docket, as well as the documents followed this guidance in making our Reregistration Division (7508C), Office that are referenced in those documents. adequacy findings for the budgets of Pesticide Programs, Environmental The public version of the official record contained in the revised Phase II Protection Agency, Ariel Rios Bldg., does not include any information submitted on December 3, 1999 and 1200 Pennsylvania Ave., NW., claimed as CBI. The public version of December 21, 1999 by MDE. You may Washington, DC 20460; telephone the official record, which includes obtain a copy of this guidance from number: (703) 308–8004; e-mail address: printed, paper versions of any electronic EPA’s conformity website referred to [email protected]. comments submitted during an above or by calling the contact name applicable comment period, is available SUPPLEMENTARY INFORMATION: listed in the FOR FURTHER INFORMATION for inspection in Rm. 119, Crystal Mall CONTACT section of this notice. I. Does this Action Apply to Me? #2, 1921 Jefferson Davis Hwy., Authority: 42 U.S.C. 7401–7671q. Arlington, VA, from 8:30 a.m. to 4 p.m., This action is directed to the public Monday through Friday, excluding legal Dated: February 15, 2000. in general, nevertheless, a wide range of holidays. The PIRIB telephone number Bradley M. Campbell, stakeholders will be interested in is (703) 305–5805. Regional Administrator, Region III. obtaining the revised risk assessments III. How Can I Respond to this Action? [FR Doc. 00–4122 Filed 2–17–00; 8:45 am] and submitting risk management BILLING CODE 6560±50±P comments on acephate and A. How and to Whom Do I Submit methamidophos, including Comments? environmental, human health, and You may submit comments through ENVIRONMENTAL PROTECTION agricultural advocates; the chemical the mail, in person, or electronically. To AGENCY industry; pesticide users; and members ensure proper receipt by EPA, it is of the public interested in the use of imperative that you identify docket [OPP±34218; FRL±6492±2] pesticides on food. As such, the Agency control numbers OPP–34164B for has not attempted to specifically acephate and OPP–34166B for Organophosphate Pesticides; methamidophos in the subject line on Availability of Revised Risk describe all the entities potentially the first page of your response. Assessments affected by this action. If you have any questions regarding the applicability of 1. By mail. Submit comments to: AGENCY: Environmental Protection this action to a particular entity, consult Public Information and Records Agency (EPA). the person listed under FOR FURTHER Integrity Branch, Information Resources and Services Division (7502C), Office of ACTION: Notice. INFORMATION CONTACT. Pesticide Programs, Environmental
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Protection Agency, Ariel Rios Bldg., and methamidophos. These documents workers and pesticide handlers. For 1200 Pennsylvania Ave., NW., have been developed as part of the pilot ecological risks, commenters may Washington, DC 20460. public participation process that EPA suggest ways to reduce environmental 2. In person or by courier. Deliver and USDA are now using for involving exposure, e.g., exposure to birds, fish, comments to: Public Information and the public in the reassessment of mammals, and other non-target Records Integrity Branch, Information pesticide tolerances under the Food organisms. EPA will provide other Resources and Services Division, Office Quality Protection Act (FQPA), and the opportunities for public participation of Pesticide Programs, Environmental reregistration of individual and comment on issues associated with Protection Agency, Rm. 119, Crystal organophosphate pesticides under the the organophosphate pesticide tolerance Mall #2, 1921 Jefferson Davis Hwy., Federal Insecticide, Fungicide, and reassessment program. Failure to Arlington, VA. The PIRIB is open from Rodenticide Act (FIFRA). The pilot participate or comment as part of this 8:30 a.m. to 4 p.m., Monday through public participation process was opportunity will in no way prejudice or Friday, excluding legal holidays. The developed as part of the EPA-USDA limit a commenter’s opportunity to PIRIB telephone number is (703) 305– Tolerance Reassessment Advisory participate fully in later notice and 5805. Committee (TRAC), which was comment processes. All comments and 3. Electronically. Submit electronic established in April 1998, as a proposals must be received by EPA on comments by e-mail to: ‘‘opp- subcommittee under the auspices of or before April 24, 2000, at the [email protected],’’ or you can submit a EPA’s National Advisory Council for addresses given under the computer disk as described in this unit. Environmental Policy and Technology. ‘‘ADDRESSES’’ section. Comments and Do not submit any information A goal of the pilot public participation proposals will become part of the electronically that you consider to be process is to find a more effective way Agency’s official record for the CBI. Electronic comments must be for the public to participate at critical organophosphate pesticides specified in submitted as an ASCII file, avoiding the junctures in the Agency’s development this notice. use of special characters and any form of organophosphate pesticide risk List of Subjects of encryption. Comments and data will assessments and risk management also be accepted on standard computer decisions. EPA and USDA began Environmental protection, Chemicals, disks in WordPerfect 6.1/8.0 or ASCII implementing this pilot process in Pesticides and pests. file format. All comments in electronic August 1998, to increase transparency Dated: February 9, 2000. form must be identified by the docket and opportunities for stakeholder control numbers OPP–34164B for Jack E. Housenger, consultation. The documents being Acting Director, Special Review and acephate and OPP–34166B for released to the public through this methamidophos. Electronic comments Reregistration Division, Office of Pesticide notice provide information on the Programs. may also be filed online at many Federal revisions that were made to the Depository Libraries. [FR Doc. 00–4051 Filed 2–18–00; 8:45 am] acephate and methamidophos BILLING CODE 6560±50±F B. How Should I Handle CBI preliminary risk assessments, which Information that I Want to Submit to the where released to the public, January 8, Agency? 1999 (64 FR 1199) (FRL–6055–9), ENVIRONMENTAL PROTECTION Do not submit any information through a notice in the Federal Register. AGENCY In addition, this notice starts a 60-day electronically that you consider to be [FRL±6540±2] CBI. You may claim information that public participation period during you submit to EPA in response to this which the public is encouraged to Guidance Memoranda Relating to the document as CBI by marking any part or submit risk management proposals or One-Hour Ozone Attainment all of that information as CBI. otherwise comment on risk Demonstrations Information so marked will not be managements for acephate and disclosed except in accordance with methamidophos. The Agency is AGENCY: Environmental Protection procedures set forth in 40 CFR part 2. providing an opportunity, through this Agency (EPA). In addition to one complete version of notice, for interested parties to provide ACTION: Notice of availability. the comment that includes any written risk management proposals or information claimed as CBI, a copy of ideas to the Agency on the chemical SUMMARY: Notice is hereby given that the comment that does not contain the specified in this notice. Such comments the EPA has issued two guidance information claimed as CBI must be and proposals could address ideas about memoranda for public review on submitted for inclusion in the public how to manage dietary, occupational, or requirements for one-hour ozone version of the official record. ecological risks on specific acephate and attainment demonstration State Information not marked confidential methamidophos use sites or crops implementation plans (SIPs). The will be included in the public version across the United States or in a guidance memoranda are entitled: of the official record without prior particular geographic region of the ‘‘Guidance on Motor Vehicle Emissions notice. If you have any questions about country. To address dietary risk, for Budgets in One-Hour Ozone Attainment CBI or the procedures for claiming CBI, example, commenters may choose to Demonstrations’’ dated November 3, please consult the person listed under discuss the feasibility of lower 1999, and ‘‘Guidance on the Reasonably ‘‘FOR FURTHER INFORMATION application rates, increasing the time Available Control Measures (RACM) CONTACT.’’ interval between application and Requirement and Attainment harvest (‘‘pre-harvest intervals’’), Demonstration Submissions for Ozone IV. What Action is EPA Taking in this modifications in use, or suggest Nonattainment Areas’’ dated November Notice? alternative measures to reduce residues 30, 1999. EPA is making available for public contributing to dietary exposure. For ADDRESSES: These documents are viewing the revised risk assessments occupational risks, commenters may available for public inspection at EPA’s and related documents for two suggest personal protective equipment website at: www.epa.gov/oms/traq organophosphate pesticides, acephate or technologies to reduce exposure to (under conformity) and www.epa.gov/
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D. How Should I Handle Confidential requirements for authorization of a State part 745, and allow both States and Business Information That I Want to program under section 404(b) of TSCA. Indian Tribes to apply for program Submit to the Agency? Therefore, pursuant to section 404 of authorization. Pursuant to section Do not submit any information TSCA, the program is deemed 404(h) of TSCA (15 U.S.C. 2684(h)), EPA electronically that you consider to be authorized as of that date (September is to establish the Federal program in CBI. You may claim information that 28, 1998). If EPA subsequently finds any State or Tribal Nation without its you submit to EPA in response to this that the program does not meet all the own authorized program in place by notice as CBI by marking any part or all requirements for approval of a State August 31, 1998. of the information submitted as CBI. program, EPA will work with the State States and Tribes that choose to apply Information so marked will not be to correct any deficiencies in order to for program authorization must submit disclosed except in accordance with approve the program. If the deficiencies a complete application to the procedures set forth in 40 CFR part 2. are not corrected, a notice of appropriate Regional EPA Office for In addition to one complete version of disapproval will be issued in the review. Those applications will be the comment that includes any Federal Register and a Federal program reviewed by EPA within 180 days of information claimed as CBI, a copy of will be implemented in the state. receipt of the complete application. To the comment that does not contain the Pursuant to section 404(b) of TSCA receive EPA approval, a State or Tribe information claimed as CBI must be (15 U.S.C. 2684(b)), EPA must provide must demonstrate that its program is at submitted for inclusion in the public notice and an opportunity for a public least as protective of human health and version of the official record. hearing on a State or Tribal program the environment as the Federal program, Information not marked confidential application before approving the and provides for adequate enforcement will be included in the public version application. Therefore, by this notice (section 404(b) of TSCA, (15 U.S.C. of the official record without prior EPA is soliciting public comment on 2684(b)). EPA’s regulations (40 CFR part notice. If you have any questions about whether the State of California’s 745 subpart Q) provide the detailed CBI or the procedures for claiming CBI, application meets the requirements for requirements a State or Tribal program please consult the person listed under EPA approval. This notice also provides must meet in order to obtain EPA FOR FURTHER INFORMATION. an opportunity to request a public approval. hearing on the application. If a public A State may choose to certify that its II. Background hearing is requested and granted, EPA lead-based paint activities program A. What Action Is the Agency Taking? will issue a Federal Register notice meets the requirements for EPA announcing the date, time, and place of approval, by submitting a letter signed The State of California initially the hearing. EPA’s final decision on the by the Governor or Attorney General submitted its application for EPA application will be published in the stating that the program meets the approval of its lead-based paint training Federal Register. requirements of section 404(b) of TSCA. and certification program on September Upon submission of such certification 22, 1998. On November 4, 1999, the B. What is the Agency’s Authority for Taking This Action? letter, the program is deemed authorized State of California submitted an (15 U.S.C. 2684(a)). This authorization amended application for EPA approval On October 28, 1992, the Housing and becomes ineffective, however, if EPA of its lead-based paint training and Community Development Act of 1992, disapproves the application. certification program. EPA has found Public Law 102–550, became law. Title that the application includes a X of that statute was the Residential III. State Program Description transmittal letter from the Governor Lead-Based Paint Hazard Reduction Act Summary requesting program approval; a of 1992. That Act amended TSCA (15 The State of California provided the summary of the State program; a U.S.C. 2601 et seq.) by adding Title IV following summary of its proposed detailed description and analysis of the (15 U.S.C. 2681–2692), entitled ‘‘Lead program: State program which addresses Exposure Reduction.’’ In 1993, the Training and Certification specified elements; an Attorney Section 402 of TSCA (15 U.S.C. 2682) Program for Lead-Based Paint Activities General’s Statement certifying the authorizes and directs EPA to was established within the California adequacy of the State’s legal authority to promulgate final regulations governing Department of Health Services, administer and enforce the program and lead-based paint activities in target Childhood Lead Poisoning Prevention citing the specific statutes and housing, public and commercial Branch (Department). Section 105250 of regulations providing this authority; and buildings, bridges, and other structures. the California Health and Safety Code copies of all state regulations, standards Those regulations are to ensure that specifies: and other materials that provide the individuals engaged in such activities ‘‘A program is hereby established within State with the authority to administer are properly trained, that training the Department [Health Services] to meet the and enforce a lead-based paint program. programs are accredited, and that requirements of the Residential Lead-Based Thus, the State of California’s individuals engaged in these activities Paint Hazard Reduction Act of 1992 (42 application has been deemed by EPA to are certified and follow documented U.S.C. Sec. 4851 and following) and Title X be complete as of November 4, 1999, the work practice standards. Under section of the Housing and Community Development date of the submission of its amended 404 of TSCA, (15 U.S.C. 2684), a State Act of 1992 (Pub. L. 102–550). The application pursuant to 40 CFR part may seek authorization from EPA to Department shall implement and administer the program. The Department shall have 745, subpart Q. administer and enforce its own lead- powers and authority consistent with the In its initial application submission based paint activities program. intent of, and shall promulgate regulations to on September 28, 1998, the State of On August 29, 1996 (61 FR 45777) establish the program as an authorized state California provided to EPA a (FRL–5389–9), EPA promulgated final program pursuant to, Title IV, Section 402 to certification letter signed by the TSCA section 402/404 regulations 404, inclusive of the Toxic Substances Governor, and a certification statement governing lead-based paint activities in Control Act (15 U.S.C. Sec. 2601 and from the Office of the Attorney General, target housing and child-occupied following).’’ stating that its lead-based paint training facilities (a subset of public buildings). The elements needed to become an and certification program meets the Those regulations are codified at 40 CFR authorized state program are specified
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States’ abilities to support these Title: FEMA Assistance Programs APPLICATIONÐContinued communities. (formerly Financial and Technical Catalog of Federal Domestic Assistance Under Performance Program SF 424 FF FF FF Assistance No. 83.552–Emergency Partnership Agreements). 20±20 20±15 20±16 Management Performance Grants Type of Information Collection: (EMPG)—To encourage the Revision of currently approved IA ...... X X ...... X HMGP ..... X X ...... X development of comprehensive collection. CSEPP .... X X ...... X emergency management, including for OMB Number: 3067–0206. NDSP ...... X X ...... X terrorism consequence management, at Form Numbers: SF424, Application PI ...... X X ...... X the State and local level and to improve for Federal Assistance; Indirect Cost EMPG ...... XXXX emergency planning, preparedness, Agreement, FEMA Form (FF) 20–20, mitigation, response, and recovery Budget Information—Non-Construction; capabilities. FF20–15, Budget Information— AWARD Disaster Programs Construction; FF20–16, Assurances; Catalog of Federal Domestic FF76–10A, Obligating Document for FF Program 76±10A Assistance No. 83.539–Crisis Counseling Awards/Amendments; FF20–10, (SCC)—To provide immediate crisis Financial Status Report; FF20–17, CAP ...... X counseling services, when required, to Outlay Report and Request for US&R ...... X victims of a major Federally-declared Reimbursement for Construction MA ...... X disaster for the purpose of relieving Programs; FF20–18, Report of FMA ...... X mental health problems caused or Government Property; SF–SAC, Data SCC ...... aggravated by a major disaster or its Collection form for Reporting on Audits; IFG ...... aftermath. and SF 270, Request for Advance or IA ...... Catalog of Federal Domestic Reimbursement. HMGP ...... CSEPP ...... X Assistance No. 83.543–Individual and Abstract: The collection of NDSP ...... X Family Grants (IFG)—To provide funds information focuses on Standard and PI ...... X for the necessary expenses and serious FEMA Forms associated with the EMPG ...... X needs of disaster victims which cannot financial and administrative reporting be met through other forms of disaster and recordkeeping requirements that assistance or through other means such enable State, local governments, and OUTLAYS as insurance. other recipients to request and administer FEMA assistance FF FF FF FF Catalog of Federal Domestic Program 20±10 20±17 20±18 20±19 Assistance No. 83.544–Public agreements. This request may be Assistance Grants (IA)—To provide electronic or written. FEMA is CAP ...... X ...... X X supplemental assistance to States, local instituting a process of using a subset of US&R .... SF 270 ...... governments, and political subdivisions its OMB approved forms for grant MA ...... X ...... to the State, Indian Tribes, Alaskan administration in its disaster assistance FMA ...... X ...... X X Native Villages, and certain nonprofit programs. The following matrix SCC ...... X ...... organizations in alleviating suffering illustrates the relationship between the IFG ...... X ...... and hardship resulting from major individual grant/cooperative agreement IA ...... X ...... HMGP ... X ...... disasters or emergencies declared by the programs and use of the forms identified CSEPP .. X ...... X X President. in this collection: NDSP .... SF 270 ...... Catalog of Federal Domestic PI ...... X ...... Assistance No. 83.548–Hazard APPLICATION EMPG .... X X X X Mitigation Grant (HMGP)—To provide States and local governments financial FF FF FF Affected Public: State, Local or Tribal Gov- Program SF 424 20±20 20±15 20±16 ernments, non-profit organizations. assistance to implement measures that Estimated Total Annual Burden and Record- will permanently reduce or eliminate CAP ...... X X ...... X keeping Hours: Non-disaster 37,777; Dis- future damages and losses from natural asterÐ217,090; TotalÐ254,867. US&R ...... X X ...... X In the notice of January 11, 1999, we listed hazards through safer building practices MA ...... X X ...... X the burden hour information for non-disaster and improving existing structures and FMA ...... X X ...... X assistance programs as follows. FEMA Form supporting infrastructure. SCC ...... X ...... 20±22, Narrative Form, is no longer being Collection of Information IFG ...... X X ...... X used in this collection.
Number of Frequency of Hours per re- Annual report- Record-keep- FEMA forms and other reporting respondents response sponse ing hours ing burden (A) (B) (C) (A×B×C) hours
FF20±10 Financial Status Report . . . (semi-annual) ...... 56 2 9.8 1,097.6 22.4 FF20±15 Budget Information Construction Program ...... 56 5 17 4,760 56 FF20±16 Summary Sheet for Assurances and Certifi- cations ...... 56 1 1.5 84 11.2 FF20±17 Outlay Report and Request for Reimbursement for Construction ...... 56 15 17 14,280 168 FF20±18 Report of Government Property ...... 56 1 6 336 11.2 FF20±19 Report of Unobligated Balance of Federal Funds 56 20 2 2,240 224 FF20±20NC Budget Information Non Construction ...... 56 10 9.8 5,488 112 FF76±10A Obligating Document for Award ...... 56 1 1.5 84 11.2 SF424 Application for Federal Assistance ...... 56 1 2 112 11.2 Reading and Understanding ...... 56 1 12 672 11.2
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Number of Frequency of Hours per re- Annual report- Record-keep- FEMA forms and other reporting respondents response sponse ing hours ing burden (A) (B) (C) (A×B×C) hours
Indirect Cost Agreement ...... 56 2 50 5,600 22.4 Budget Deviations ...... 56 2 5.8 649.4 22.4 SF Data Collection ...... 56 1 30 1,680 11.2
Total ...... 37,083 694.40
The following chart shows burden hour information for FEMA disaster assistance programs: (Under ‘‘Frequency of Response,’’ 64 equals the average number of disasters per year.)
Number of Frequency of Hours per re- Annual report- Record-keep- FEMA forms and other reporting respondents response sponse ing hours ing burden (A) (B) (C) (A×B×C) hours
FF20±10 Financial Status Report (quarterly) ...... 56 256 9.8 140,492.8 2,867.2 FF20±16 Summary Sheet for Assurances and Certifi- cations ...... 56 64 1.5 5,376 716.80 FF20±18 Report of Government Property ...... 56 64 6 21,504 716.80 FF20±20 Budget Information Non Construction ...... 56 64 9.8 35,123.2 716.80 SF424 Application for Federal Assistance ...... 56 64 2 7,168 716.80 SF Data Collection ...... 56 1 30 1,680 11.2
Total ...... 211,344 5,745.60 Estimated Cost: $400,000.00.
Comments: We are soliciting written Room 350, Washington, DC 20472, (tel.) Edgecombe and Wilson Counties for debris comments to: (202) 646–4531. removal (Category A), emergency protective measures (Category B), and utilities (Category (a) Evaluate whether the proposed Dated: February 14, 2000. data collection is necessary for the F) under Public Assistance. Reginald Trujillo, proper performance of our (The following Catalog of Federal Domestic responsibilities, including whether the Director, Program Services Division, Assistance Numbers (CFDA) are to be used information will have practical utility; Operations Support Directorate. for reporting and drawing funds: 83.537, (b) Evaluate the accuracy of our [FR Doc. 00–4073 Filed 2–18–00; 8:45 am] Community Disaster Loans; 83.538, Cora Brown Fund Program; 83.539, Crisis BILLING CODE 6718±01±P estimate of the burden of the proposed Counseling; 83.540, Disaster Legal Services collection of information, including the Program; 83.541, Disaster Unemployment validity of the methodology and Assistance (DUA); 83.542, Fire Suppression assumptions that we used; FEDERAL EMERGENCY Assistance; 83.543, Individual and Family (c) Enhance the quality, utility, and MANAGEMENT AGENCY Grant (IFG) Program; 83.544, Public clarity of the information to be Assistance Grants; 83.545, Disaster Housing collected; [FEMA±1312±DR] Program; 83.548, Hazard Mitigation Grant (d) Minimize the burden of Program.) North Carolina; Amendment No. 2 to information collection on those who Charles D. Robinson, must respond, including permitting Notice of a Major Disaster Declaration Chief, Human Services Program Guidance electronic submission of responses AGENCY: Federal Emergency and Implementation Branch, Response and through the use of appropriate Management Agency (FEMA). Recovery Directorate. automated, electronic, mechanical, or [FR Doc. 00–4072 Filed 2–18–00; 8:45 am] other technological collection ACTION: Notice. BILLING CODE 6718±01±P techniques or other forms of information SUMMARY: This notice amends the notice technology; and of a major disaster for the State of North (e) Help FEMA to more accurately FEDERAL EMERGENCY identify and quantify respondent costs. Carolina (FEMA–1312–DR), dated January 31, 2000, and related MANAGEMENT AGENCY DATES: Please send any comments on or determinations. before April 24, 2000. Partially Open Meeting, Board of ADDRESSES: Please send written EFFECTIVE DATE: February 8, 2000. Visitors for the National Fire Academy comments to Muriel B. Anderson, FOR FURTHER INFORMATION CONTACT: AGENCY: Federal Emergency FEMA Information Collections Officer, Madge Dale, Response and Recovery Management Agency (FEMA). Federal Emergency Management Directorate, Federal Emergency Agency, 500 C Street, SW, Room 316, Management Agency, Washington, DC ACTION: Notice of partially open Washington, DC 20472, (tel.) (202) 646– 20472, (202) 646–3772. meeting. 2625, (facsimile) (202) 646–3524, SUPPLEMENTARY INFORMATION: The notice SUMMARY: In accordance with section 10 (email) [email protected]. of a major disaster for the State of North (a) (2) of the Federal Advisory Also, contact Ms. Anderson for copies of Carolina is hereby amended to include Committee Act, 5 U.S.C. App. 2, FEMA the proposed collection of information. the following areas among those areas announces the following committee FOR FURTHER INFORMATION CONTACT: determined to have been adversely meeting: Arlene Ramsey, Office of Financial affected by the catastrophe declared a Name: Board of Visitors for the Management, Federal Emergency major disaster by the President in his National Fire Academy. Management Agency, 500 C Street, SW, declaration of January 31, 2000: Dates of Meeting: March 16–18, 2000.
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Place: Building J, Room 268, National • Interim Final Rule: Amendment to Board of Governors of the Federal Reserve Emergency Training Center, Election Regulation. System, February 16, 2000. Emmitsburg, Maryland. CONTACT PERSON FOR MORE INFORMATION: Jennifer J. Johnson, Time: Elaine L. Baker, Secretary to the Board, Secretary of the Board. March 16, 2000, 8:30 a.m.–10:30 a.m. (202) 408–2837. [FR Doc. 00–4153 Filed 2–18–00; 8:45 am] (Closed Meeting) BILLING CODE 6210±01±P March 16, 2000, 10:45 a.m.–5 p.m. William W. Ginsberg, (Open Meeting) Managing Director. March 17, 2000, 8:30 a.m.–9 p.m. [FR Doc. 00–4215 Filed 2–17–00; 12:55 pm] FEDERAL RESERVE SYSTEM (Open Meeting) BILLING CODE 6725±01±P March 18, 2000, 8:30 a.m.–12 noon Change in Bank Control Notices; (Open Meeting) Acquisitions of Shares of Banks or Proposed Agenda: March 16, (Closed FEDERAL RESERVE SYSTEM Bank Holding Companies Meeting From 8:30 a.m.–10:30 a.m., to review Fiscal Years 2000 and 2001 Formations of, Acquisitions by, and The notificants listed below have budgetary and procurement Mergers of Bank Holding Companies applied under the Change in Bank recommendations.) March 16, 10:45 Control Act (12 U.S.C. 1817(j)) and a.m.–5 p.m., Review National Fire The companies listed in this notice § 225.41 of the Board’s Regulation Y (12 Academy Program Activities. March 17– have applied to the Board for approval, CFR 225.41) to acquire a bank or bank 18, Finish Review of National Fire pursuant to the Bank Holding Company holding company. The factors that are Academy Program Activities. Act of 1956 (12 U.S.C. 1841 et seq.) considered in acting on the notices are (BHC Act), Regulation Y (12 CFR Part set forth in paragraph 7 of the Act (12 SUPPLEMENTARY INFORMATION: The 225), and all other applicable statutes U.S.C. 1817(j)(7)). meeting will be open to the public and regulations to become a bank The notices are available for (except as noted above) with seating holding company and/or to acquire the immediate inspection at the Federal available on a first-come, first-served assets or the ownership of, control of, or Reserve Bank indicated. The notices basis. Members of the general public the power to vote shares of a bank or also will be available for inspection at who plan to attend the meeting should bank holding company and all of the the offices of the Board of Governors. contact the Office of the banks and nonbanking companies Interested persons may express their Superintendent, National Fire Academy, owned by the bank holding company, views in writing to the Reserve Bank U.S. Fire Administration, 16825 South including the companies listed below. indicated for that notice or to the offices Seton Avenue, Emmitsburg, MD 21727, The applications listed below, as well of the Board of Governors. Comments (301) 447–1117, on or before March 10, as other related filings required by the must be received not later than March 2000. Board, are available for immediate Minutes of the meeting will be 7, 2000. inspection at the Federal Reserve Bank prepared and will be available for A. Federal Reserve Bank of Dallas indicated. The application also will be public viewing in the Office of the Chief (W. Arthur Tribble, Vice President) 2200 available for inspection at the offices of Operating Officer, U.S. Fire North Pearl Street, Dallas, Texas 75201– the Board of Governors. Interested Administration, Federal Emergency 2272: persons may express their views in Management Agency, Emmitsburg, 1. Nancy Allen Marital Trust, Robert writing on the standards enumerated in Maryland 21727. Copies of the minutes Lee, Texas; to acquire additional voting the BHC Act (12 U.S.C. 1842(c)). If the will be available upon request within 60 shares of Robert Lee Bancshares, Inc., proposal also involves the acquisition of days after the meeting. Robert Lee, Texas, and thereby a nonbanking company, the review also indirectly acquire additional voting Dated: February 10, 2000. includes whether the acquisition of the shares of Robert Lee State Bank, Robert Kenneth O. Burris, Jr. nonbanking company complies with the Lee, Texas. Chief Operating Officer. standards in section 4 of the BHC Act Board of Governors of the Federal Reserve [FR Doc. 00–4076 Filed 2–18–00; 8:45 am] (12 U.S.C. 1843). Unless otherwise System, February 16, 2000. BILLING CODE 6718±01±P noted, nonbanking activities will be Jennifer J. Johnson, conducted throughout the United States. Secretary of the Board. Additional information on all bank [FR Doc. 00–4152 Filed 2–18–00; 8:45 am] FEDERAL HOUSING FINANCE BOARD holding companies may be obtained from the National Information Center BILLING CODE 6210±01±P Sunshine Act Notice; Announcing an website at www.ffiec.gov/nic/. Open Meeting of the Board Unless otherwise noted, comments FEDERAL RESERVE SYSTEM regarding each of these applications TIME AND DATE: 10 a.m., Wednesday, must be received at the Reserve Bank February 23, 2000. Formations of, Acquisitions by, and indicated or the offices of the Board of Mergers of Bank Holding Companies PLACE: Board Room, Second Floor, Governors not later than March 17, Federal Housing Finance Board, 1777 F 2000. The companies listed in this notice Street, N.W., Washington, D.C. 20006. A. Federal Reserve Bank of Dallas have applied to the Board for approval, STATUS: The entire meeting will be open (W. Arthur Tribble, Vice President) 2200 pursuant to the Bank Holding Company to the public. North Pearl Street, Dallas, Texas 75201– Act of 1956 (12 U.S.C. 1841 et seq.) MATTERS TO BE CONSIDERED DURING 2272: (BHC Act), Regulation Y (12 CFR Part PORTIONS OPEN TO THE PUBLIC: 1. New Mexico First Financial, Inc., 225), and all other applicable statutes • Interim Final Rule: Amendments to Dover, Delaware (in formation); to and regulations to become a bank Membership Regulation and Advances become a bank holding company by holding company and/or to acquire the Regulation. acquiring 100 percent of the voting assets or the ownership of, control of, or • Office of Finance Debt shares of Mesilla Valley Bank, Las the power to vote shares of a bank or Authorization. Cruces, New Mexico (in formation). bank holding company and all of the
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c. A statement as to whether the AR–9 Paperwork Reduction Act DEPARTMENT OF HEALTH AND design of the study is adequate to Requirements HUMAN SERVICES measure differences when warranted. AR–10 Smoke-Free Workplace Centers for Disease Control and d. A statement as to whether the plans Requirements for recruitment and outreach for study Prevention participants include the process of AR–11 Healthy People 2010 establishing partnerships with AR–12 Lobbying Restrictions The National Center for Environmental community(ies) and recognition of Health (NCEH) of the Centers for AR–13 Prohibition on Use of CDC Disease Control and Prevention (CDC) mutual benefits. Funds for Certain Gun Control 3. Evaluation (10 percent) Announces the Following Meeting The extent to which the proposed Activities Name: Current Status of the Vessel evaluation plan is detailed and capable I. Authority and Catalog of Federal Sanitation Program (VSP) and of documenting program process and Domestic Assistance Number Experience to Date with Program outcome measures. The extent to which Operations: This is a public meeting the applicant demonstrates staff and/or This program is authorized under between CDC and the cruise ship collaborator availability, expertise, and section 301(a), 317(k)(2), 391, 392, 394, industry, private sanitation consultants, capacity to perform the evaluation. and 394A [42 U.S.C. 241(a), 247b(k)(2), and other interested parties. 4. Staff and Resources (35 percent) 280b, 280b-1, 280b-2, 280b-3] of the Time and Date: 9 a.m.–4 p.m., March The extent to which the applicant can Public Health Service Act, as amended. 28, 2000. provide adequate facilities, staff and/or The Catalog of Federal Domestic Place: Auditorium, Port Everglades collaborators, including a full-time Assistance number is 93.136. coordinator and resources to accomplish Administration Building, 1850 Eller the proposed goal(s) and objectives J. Where to Obtain Additional Drive, Ft. Lauderdale, Florida 33316. during the project period. The extent to Information Telephone (954)356–6650; fax which the applicant demonstrates staff (954)356–6671. For this and other CDC Program and/or collaborator availability, Status: Open to the public, limited by Announcements, please see the CDC expertise, previous experience, and the space available. The meeting room capacity to perform the undertaking home page on the Internet: http:// accommodates approximately 100 successfully. www.cdc.gov people. 5. Budget and Justification (not To receive additional written Purpose: During the past 14 years, as scored) information and to request an part of the revised VSP, CDC has The extent to which the applicant application kit, call 1–888-GRANTS4 conducted a series of public meetings provides a detailed budget and narrative (1–888–472–6874). You will be asked to with members of the cruise ship justification consistent with the stated leave your name and address and will industry, private sanitation consultants, objectives and planned program be instructed to identify the and other interested parties. This activities. announcement number of interest. meeting is a continuation of that series 6. Human Subjects (not scored) Please refer to Program Announcement of public meetings to discuss the current Indicate whether human subjects will 00024 when you request information. status of the VSP and experience to date be involved, and if so, how they will be After reviewing the Program with program operations. protected, and describe the review Announcement, for business Matters To Be Discussed: Agenda process which will govern their management assistance, contact: items will include a VSP Program participation. Director Update, 1999 Program Review, Joanne Wojcik, Grants Management Presentation of the Revised VSP H. Other Requirements Specialist, Grants Management Program Operations Manual, Revision of Technical Reporting Requirements Branch, Procurement and Grants the Final Recommended Shipbuilding Provide CDC with original plus two Office, Announcement 00024, Centers Construction Guidelines for Cruise copies of: for Disease Control and Prevention Vessels Destined to Call on U.S. Ports, (a) progress reports, semi-annual; (CDC), 2920 Brandywine Road, Suite Update on Disease Surveillance and (b) financial status report, no more 3000, Atlanta, GA 30341–4146, Outbreak Investigations, Canadian/U.S. than 90 days after the end of the budget Telephone (770) 488–2717, Email Harmonization Update, and VSP period; and final financial status and address [email protected] Training Seminars. performance reports, no more than 90 For a period of 15 days following the For program technical assistance, meeting, through April 14, 2000, the days after the end of the project period. contact: Send all reports to, Grants Management official record of the meeting will Specialist identified in the ‘‘Where to Paul Burlack, Centers for Disease remain open so that additional materials Obtain Additional Information’’ section Control and Prevention, National or comments may be submitted for of this announcement. Center for Injury Prevention and inclusions as part of the record of the The following additional Control, 4770 Buford Highway N.E., meeting. Advanced registration is requirements are applicable to this Mailstop F41, Atlanta, GA 30341– encouraged. Please provide the program. For a complete description of 3724, Telephone (770) 488–4031, following information to Barbara Cline each, see Attachment I in the Email address [email protected] via E-mail: [email protected] or facsimile (954)356–6671: name, title, company application kit. Dated: February 15, 2000. AR–1 Human Subjects Requirements name, mailing address, telephone AR–2 Requirements for Inclusion of John L. Williams, number, facsimile number and E-mail Women and Racial and Ethnic Director, Procurement and Grants Office, address. Minorities in Research Centers for Disease Control and Prevention Contact Person for More Information: AR–7 Executive Order 12372 Review (CDC). Dave Forney, Chief, VSP, NCEH, CDC, AR–8 Public Health System Reporting [FR Doc. 00–4064 Filed 2–18–00; 8:45 am] 4770 Buford Highway, NE, M/S F–16, Requirements BILLING CODE 4163±18±P Atlanta, Georgia 30341–3724, telephone
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(770)488–7333, E-mail: Georgia 30333, telephone 404/639–3773, fax SUPPLEMENTARY INFORMATION: Under the [email protected]. 404/639–2170, e-mail: [email protected]. PRA (44 U.S.C. 3501–3520), Federal The Director, Management Analysis The Director, Management Analysis and agencies must obtain approval from the and Services office has been delegated Services Office has been delegated the authority to sign Federal Register notices Office of Management and Budget the authority to sign Federal Register pertaining to announcements of meetings and (OMB) for each collection of notices pertaining to announcements of other committee management activities, for information they conduct or sponsor. meetings and other committee both the Centers for Disease Control and ‘‘Collection of information’’ is defined management activities, for both the Prevention and the Agency for Toxic in 44 U.S.C. 3502(3) and 5 CFR Substances and Disease Registry. Centers for Disease Control and 1320.3(c) and includes agency requests Prevention and the Agency for Toxic Dated: February 15, 2000. or requirements that members of the Substances and Disease Registry. Carolyn J. Russell, public submit reports, keep records, or Dated: February 15, 2000. Director, Management Analysis and Services provide information to a third party. Carolyn J. Russell, Office, Centers for Disease Control and Section 3506(c)(2)(A) of the PRA (44 Prevention (CDC). Director, Management Analysis and Services U.S.C. 3506(c)(2)(A)) requires Federal Office Centers for Disease Control and [FR Doc. 00–4065 Filed 2–18–00; 8:45 am] agencies to provide a 60-day notice in Prevention (CDC). BILLING CODE 4163±19±P the Federal Register concerning each [FR Doc. 00–4066 Filed 2–18–00; 8:45 am] proposed collection of information BILLING CODE 4163±18±P DEPARTMENT OF HEALTH AND before submitting the collection to OMB HUMAN SERVICES for approval. To comply with this requirement, FDA is publishing notice DEPARTMENT OF HEALTH AND Food and Drug Administration of the proposed collection of HUMAN SERVICES [Docket No. 00N±0356] information set forth in this document. Centers for Disease Control and With respect to the following Prevention Agency Information Collection collection of information, FDA invites Activities; Proposed Collection; comments on: (1) Whether the proposed Board of Scientific Counselors, Comment Request; Survey of collection of information is necessary National Institute for Occupational Incidence of Gastroenterological for the proper performance of FDA’s Safety and Health: Meeting Parasitic Infections in the United functions, including whether the States as a Result of Consumption of information will have practical utility; In accordance with section 10(a)(2) of Raw Fish (2) the accuracy of FDA’s estimate of the the Federal Advisory Committee Act AGENCY: Food and Drug Administration, burden of the proposed collection of (Pub. L. 92–463), the Centers for Disease information, including the validity of Control and Prevention (CDC) HHS. ACTION: Notice. the methodology and assumptions used; announces the following committee (3) ways to enhance the quality, utility, meeting: SUMMARY: The Food and Drug and clarity of the information to be Name: Board of Scientific Counselors, Administration (FDA) is announcing an collected; and (4) ways to minimize the National Institute for Occupational Safety opportunity for public comment on the burden of the collection of information and Health (BSC, NIOSH). proposed collection of certain Time and date: 9 a.m.–3:30 p.m., March on respondents, including through the information by the agency. Under the use of automated collection techniques, 10, 2000. Paperwork Reduction Act of 1995 (the when appropriate, and other forms of Place: The Washington Court, 525 New PRA), Federal agencies are required to Jersey Avenue, NW, Washington, DC 20001– information technology. 1527. publish notice in the Federal Register Status: Open to the public, limited only by concerning each proposed collection of Title: Survey of Incidence of the space available. The meeting room information and to allow 60 days for Gastroenterological Parasitic Infections accommodates approximately 50 people. public comment in response to the in the United States as a Result of Purpose: The BSC, NIOSH is charged with notice. This notice solicits comments on Consumption of Raw Fish providing advice to the Director, NIOSH on a voluntary survey about the incidence NIOSH research programs. Specifically, the of gastroenterological parasitic Under section 903(b)(2) of the Federal Board shall provide guidance on the infections in the United States as a Food, Drug, and Cosmetic Act (21 U.S.C. Institute’s research activities related to result of the consumption of raw fish. 393(d)(2)), the FDA has the developing and evaluating hypotheses, responsibility to conduct research systematically documenting findings, and DATES: Submit written comments on the disseminating results. collection of information by April 24, relating to foods and to conduct Matters To Be Discussed: Agenda items 2000. educational and public information include a report from the Director of NIOSH; ADDRESSES: Submit written comments programs relating to the safety of the Responding to Emerging Safety Hazards: on the collection of information to the nation’s food supply. The ‘‘Survey of Communications Towers; HIV Program Dockets Management Branch (HFA– Incidence of Gastroenterological Activities; Hazard Surveillance Planning; Parasitic Infections in the United States Intramural NORA Program Initiatives: 305), Food and Drug Administration, Asthma, Dermal, Musculoskeletal; Division 5630 Fishers Lane, rm. 1061, Rockville, as Result of Consumption of Raw Fish’’ of Applied Research and Technology: The MD 20852. All comments should be will provide information on the actual Re-Unification of Division of Biomedical and identified with the docket number frequency of occurrence of fish-borne Behavioral Science and Division of Physical found in brackets in the heading of this helminth illnesses. Detailed information Sciences and Engineering; and future document. will be obtained from the target activities of the Board. FOR FURTHER INFORMATION CONTACT: population of clinical Agenda items are subject to change as Peggy Schlosburg, Office of Information gastroenterologists who are likely to priorities dictate. Contact Person for More Information: Resources Management (HFA–250), have encountered and treated food- Bryan D. Hardin, Executive Secretary, BSC, Food and Drug Administration, 5600 borne parasitic infections. Respondents NIOSH, Centers for Disease Control and Fishers Lane, Room 16B–26; Rockville, will also be asked to provide Prevention, 1600 Clifton Road, NE, Atlanta, MD 20857, 301–827–1223. demographic information about the
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TABLE1.ÐESTIMATED ANNUAL REPORTING BURDEN 1
Annual Number of respondents frequency per Total annual re- Hours per Total hours response sponses response
500 1 500 .50 250 1 There are no capital costs or operating and maintenance costs associated with this collection of information.
This is a one time survey. The burden ADDRESSES: Submit written comments burden of the collection of information estimate is based on FDA’s experience on the collection of information to the on respondents, including through the with conducting similar surveys. Dockets Management Branch (HFA– use of automated collection techniques, Dated: February 14, 2000. 305), Food and Drug Administration, when appropriate, and other forms of 5630 Fishers Lane, rm. 1061, Rockville, William K. Hubbard, information technology. MD 20852. All comments should be Senior Associate Commissioner for Policy, identified with the docket number Substances Prohibited From Use in Planning, and Legislation. found in brackets in the heading of this Animal Food or Feed; Animal Proteins [FR Doc. 00–4020 Filed 2–18–00; 8:45 am] document. Prohibited in Ruminant Feed—21 CFR BILLING CODE 4160±01±F Part 589 (OMB Control Number 0910– FOR FURTHER INFORMATION CONTACT: 0339—Extension) Denver Presley, Office of Information This rule (§ 589.2000 (21 CFR DEPARTMENT OF HEALTH AND Resources Management (HFA–250), 589.2000)) provides that protein derived HUMAN SERVICES Food and Drug Administration, 5600 Fishers Lane, Rockville, MD 20857, from mammalian tissue (with some Food and Drug Administration 301–827–1472. exceptions) for use in ruminant feed is SUPPLEMENTARY INFORMATION: Under the a food additive subject to section 409 of [Docket No. 00N±0505] PRA (44 U.S.C. 3501–3520), Federal the Federal Food, Drug, and Cosmetic Act (the act) (21 U.S.C. 348). Proteins Agency Information Collection agencies must obtain approval from the derived from animal tissues contained Activities; Proposed Collection; Office of Management and Budget in such feed ingredients in distribution Comment Request; Substances (OMB) for each collection of cannot be readily identified (i.e., Prohibited From Use in Animal Food or information they conduct or sponsor. species) by recipents engaged in the Feed; Animal Protein Prohibited in ‘‘Collection of information’’ is defined manufacture, processing, distribution, Ruminant Feed in 44 U.S.C. 3502(3) and 5 CFR 1320.3(c) and includes agency requests and use of animal feeds and feed AGENCY: Food and Drug Administration, or requirements that members of the ingredients. HHS. public submit reports, keep records, or Thus, under the agency’s authority in ACTION: Notice. provide information to a third party. section 701(a) of the act (21 U.S.C. Section 3506 (c)(2)(A) of the PRA (44 371(a)), to issue regulations for the SUMMARY: The Food and Drug U.S.C. 3506(c)(2)(A)) requires Federal efficient enforcement of the act, this rule Administration (FDA) is announcing an agencies to provide a 60-day notice in places three general requirements on opportunity for public comment on the the Federal Register concerning each persons that manufacture, blend, proposed collection of certain proposed collection of information, process, distribute, or use products that information by the agency. Under the including each proposed extension of an contain or may contain protein derived Paperwork Reduction Act of 1995 (the existing collection of information, from mammalian tissues and feeds PRA), Federal agencies are required to before submitting the collection to OMB made from such products. The first publish notice in the Federal Register for approval. To comply with this requirement is for cautionary labeling of concerning each proposed collection of requirement, FDA is publishing notice these products with direct language information, including each proposed of the proposed collection of developed by FDA. This labeling extension for an existing collection of information listed below. requirement is exempt from the scope of information, and to allow 60 days for With respect to the following the PRA because it is a ‘‘public public comment in response to the collection of information, FDA invites disclosure of information originally notice. This notice solicits comments on comments on: (1) Whether the proposed supplied by the Federal Government for the recordkeeping requirements placed collection of information is necessary the purpose of disclosure to the public’’ on handlers of ruminant protein to for the proper performance of FDA’s (5 CFR 1329.3(c)(2)). prevent the establishment and functions, including whether the The second requirement is for amplification of bovine spongiform information will have practical utility; establishments to maintain and make encephalopathy in the United States by (2) the accuracy of FDA’s estimate of the available to FDA, records that are ensuring that ruminant animal feed does burden of the proposed collection of sufficient to track any material that not contain animal protein derived from information, including the validity of contains protein derived from mammalian tissue. the methodology and assumptions used; mammalian tissues (as defined in DATES: Submit written comments on the (3) ways to enhance the quality, utility, § 589.2000(a)(1)), throughout the collection of information by April 24, and clarity of the information to be material’s receipt, processing, and 2000. collected; and (4) ways to minimize the distribution. Based on available
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TABLE1.ÐESTIMATED ANNUAL RECORDKEEPING BURDEN1
Annual 21 CFR Section Number of frequency per Total annual Hours per Total hours recordkeepers recordkeeping records record
589.2000(e)(1)(iv) 1,030 1 1,030 14 14,420 1 There are no capital costs or operating and maintenance costs associated with this collection of information.
The estimated number of respondents, SUPPLEMENTARY INFORMATION: In the and Budget (OMB) under the Paperwork persons that separate mammalian and Federal Register of November 22, 1999 Reduction Act of 1995. nonmammalian materials, is derived (64 FR 63817), the agency announced FOR FURTHER INFORMATION CONTACT: from inspections of firms handling that the proposed information collection Karen L. Nelson, Office of Information animal protein intended for use in had been submitted to OMB for review Resources Management (HFA–250), animal feed. The estimate of the time and clearance under 44 U.S.C. 3507. An Food and Drug Administration, 5600 required for this recordkeeping agency may not conduct or sponsor, and Fishers Lane, Rockville, MD 20857, requirement is based on agency records a person is not required to respond to, 301–827–1482. and communication with industry. a collection of information unless it SUPPLEMENTARY INFORMATION: In the Dated: February 14, 2000. displays a currently valid OMB control Federal Register of March 19, 1999 (64 William K. Hubbard, number. OMB has now approved the FR 13591), the agency announced that information collection and has assigned Senior Associate Commissioner for Policy, the proposed information collection had Planning, and Legislation. OMB control number 0910–0171. The been submitted to OMB for review and approval expires on January 31, 2003. A [FR Doc. 00–4023 Filed 2–18–00; 8:45 am] clearance under 44 U.S.C. 3507. An copy of the supporting statement for this BILLING CODE 4160±01±F agency may not conduct or sponsor, and information collection is available on a person is not required to respond to, the Internet at http://www.fda.gov/ a collection of information unless it DEPARTMENT OF HEALTH AND ohrms/dockets. displays a currently valid OMB control HUMAN SERVICES Dated: February 14, 2000. number. OMB has now approved the William K. Hubbard, information collection and has assigned Food and Drug Administration Senior Associate Commissioner for Policy, OMB control number 0910–0429. The Planning, and Legislation. approval expires on December 31, 2002. [Docket No. 99N±2607] [FR Doc. 00–4021 Filed 2–18–00; 8:45 am] A copy of the supporting statement for BILLING CODE 4160±01±F this information collection is available Agency Information Collection on the Internet at http://www.fda.gov/ Activities; Announcement of OMB ohrms/dockets. Approval; Hearing Aid Devices: DEPARTMENT OF HEALTH AND Dated: February 14, 2000. Professional and Patient Package HUMAN SERVICES Labeling and Conditions for Sale William K. Hubbard, Food and Drug Administration Senior Associate Commissioner for Policy, AGENCY: Food and Drug Administration, Planning, and Legislation. HHS. [Docket No. 99D±0296] [FR Doc. 00–4022 Filed 2–18–00; 8:45 am] ACTION: Notice. Agency Information Collection BILLING CODE 4160±01±F SUMMARY: The Food and Drug Activities; Announcement of OMB Administration (FDA) is announcing Approval; Draft Guidance for Industry DEPARTMENT OF HEALTH AND that a collection of information entitled on Formal Meetings with Sponsors and HUMAN SERVICES ‘‘Hearing Aid Devices: Professional and Applicants for PDUFA Products Patient Package Labeling and AGENCY: Food and Drug Administration, [Docket No. 99D±0297] Conditions for Sale’’ has been approved HHS. by the Office of Management and Agency Information Collection ACTION: Notice. Budget (OMB) under the Paperwork Activities; Announcement of OMB Reduction Act of 1995. SUMMARY: The Food and Drug Approval; Guidance for Industry on FOR FURTHER INFORMATION CONTACT: Administration (FDA) is announcing Formal Dispute Resolution; Appeals Peggy Schlosburg, Office of Information that a collection of information entitled Above the Division Level Resources Management (HFA–250), ‘‘Draft Guidance for Industry on Formal AGENCY: Food and Drug Administration, Food and Drug Administration, 5600 Meetings with Sponsors and Applicants HHS. Fishers Lane, Rockville, MD 20857, for PDUFA Products’’ has been ACTION: Notice. 301–827–1223. approved by the Office of Management
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SUMMARY: The Food and Drug Location: Marriott Washingtonian ACTION: Notice. Administration (FDA) is announcing Center, Grand Ballroom, 9751 that a collection of information entitled Washingtonian Blvd., Gaithersburg, MD. This notice announces a forthcoming ‘‘Guidance for Industry on Formal Contact Person: Kimberly L. Topper, meeting of a public advisory committee Dispute Resolution; Appeals Above the Center for Drug Evaluation and Research of the Food and Drug Administration Division Level’’ has been approved by (HFD–21), Food and Drug (FDA). The meeting will be open to the the Office of Management and Budget Administration, 5600 Fishers Lane, public. (OMB) under the Paperwork Reduction Rockville, MD 20857, 301–827–7001 or Name of Committee: General and Act of 1995 (the PRA). [email protected], or FDA Advisory Plastic Surgery Devices Panel of the Committee Information Line, 1–800– Medical Devices Advisory Committee. FOR FURTHER INFORMATION CONTACT: 741–8138 (301–443–0572 in the General Function of the Committee: Karen L. Nelson, Office of Information To provide advice and Resources Management (HFA–250), Washington, DC area), code 12530. Please call the Information Line for up- recommendations to the agency on Food and Drug Administration, 5600 FDA’s regulatory issues. Fishers Lane, Rockville, MD 20857, to-date information on this meeting. Agenda: The committee will discuss Date and Time: The meeting will be 301–827–1482. new drug applications (NDA) 21–130, held on March 1, 2, and 3, 2000, 8 a.m. SUPPLEMENTARY INFORMATION: In the ZyvoxL (linezolid) tablets, NDA 21-131 to 5 p.m. Location: Holiday Inn, Ballroom, Two Federal Register of March 19, 1999 (64 ZyvoxL for injection (linezolid Montgomery Village Ave., Gaithersburg, FR 13587), the agency announced that injection), and NDA 21–132 ZyvoxL the proposed information collection had MD. Oral Suspension (linezolid oral Contact Person: David Krause, Center been submitted to OMB for review and suspension), Pharmacia & Upjohn Co., for Devices and Radiological Health clearance under 44 U.S.C. 3507. An for treatment of community-acquired (HFZ–410), Food and Drug agency may not conduct or sponsor, and pneumonia, hospital-acquired Administration, 9200 Corporate Blvd., a person is not required to respond to, pneumonia, complicated and Rockville, MD 20850, 301–594–3090, a collection of information unless it uncomplicated skin and skin structure ext. 141, or FDA Advisory Committee displays a currently valid OMB control infections, and Vancomycin-resistant Information Line, 1–800–741–8138 number. OMB has now approved the Enterococcus faecalis and faecium (301–443–0572 in the Washington, DC information collection and has assigned infections, including cases with area), code 12519. Please call the OMB control number 0910–0430. The concurrent bacteremia. Information Line or access the Internet approval expires on December 31, 2002. Procedure: Interested persons may address of http://www.fda.gov/cdrh/ A copy of the supporting statement for present data, information, or views, panelmtg.html for up-to-date this information is available on the orally or in writing, on issues pending information on this meeting. Internet at http://www.fda.gov/ohrms/ before the committee. Written Agenda: On March 1, 2000, there will dockets. submissions may be made to the contact be a brief FDA presentation on the least Dated: February 14, 2000. person by March 3, 2000. Oral burdensome provisions of the FDA William K. Hubbard, presentations from the public will be Modernization Act of 1997. Also, on scheduled between approximately 1 Senior Associate Commissioner for Policy, March 1, 2000, the committee will Planning, and Legislation. p.m. and 2 p.m. Time allotted for each discuss, make recommendations, and presentation may be limited. Those [FR Doc. 00–4024 Filed 2–18–00; 8:45 am] vote on a premarket approval desiring to make formal oral BILLING CODE 4160±01±F application (PMA) for saline inflatable presentations should notify the contact breast prostheses. On March 2, 2000, the person before March 3, 2000, and committee will discuss, make DEPARTMENT OF HEALTH AND submit a brief statement of the general recommendations, and vote on two HUMAN SERVICES nature of the evidence or arguments PMA’s for saline inflatable breast they wish to present, the names and prostheses. These PMA’s have been Food and Drug Administration addresses of proposed participants, and submitted in response to a call for an indication of the approximate time PMA’s under section 515(b) of the Anti-Infective Drugs Advisory requested to make their presentation. Federal Food, Drug, and Cosmetic Act Committee; Notice of Meeting Notice of this meeting is given under (21 U.S.C. 306e(b)), published in the the Federal Advisory Committee Act (5 Federal Register of August 19, 1999 (64 AGENCY: Food and Drug Administration, U.S.C. app. 2). HHS. FR 45155). On March 3, 2000, the Dated: February 14, 2000. committee will discuss content, format, ACTION: Notice. Linda A. Suydam, and consistency issues involving the Senior Associate Commissioner. labeling information provided to This notice announces a forthcoming [FR Doc. 00–4027 Filed 2–18–00; 8:45 am] patients considering saline-filled breast meeting of a public advisory committee BILLING CODE 4160±01±F prostheses. The document entitled of the Food and Drug Administration ‘‘Guidance on Medical Device Patient (FDA). The meeting will be open to the Labeling’’ is the background information public. DEPARTMENT OF HEALTH AND for the panel discussion and is available Name of Committee: Anti-Infective HUMAN SERVICES to the public on the Internet at http:// Drugs Advisory Committee. www.fda.gov/cdrh/HumanFactors.html General Function of the Committee: Food and Drug Administration or CDRH Facts-on-Demand at 1–800– To provide advice and General and Plastic Surgery Devices 899–0381 or 301–827–0111, specify recommendations to the agency on FDA number 1128 when prompted for the regulatory issues. Panel of the Medical Devices Advisory Committee; Notice of Meeting document shelf number. As it becomes Date and Time: The meeting will be available, additional information held on March 24, 2000, 8:30 a.m. to AGENCY: Food and Drug Administration, specific to saline breast implants will be 5:30 p.m. HHS. available to the public on FDA’s website
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TABLE 1
Workshop Address Date and Local Time FDA Contact Person
Newark Airport Marriot, Newark International Monday, March 20, 2000, from 9 a.m. to 5 Marie T. Falcone Airport, Newark, NJ 07114, 1±800±882± p.m. 1037, FAX: 973±623±7618
Chicago Marriott Schaumburg, 50 North Martin- Monday, April 10, 2000, from 9 a.m. to 5 p.m. Do. gale Rd., Schaumburg, IL 60173, 847±240± 0100, FAX: 847±240±2388
Providence Marriott, One Ohms St., Provi- Thursday, May 4, 2000, from 9 a.m. to 5 p.m. Do. dence, RI 02904, 1±800±937±7768, FAX: 401±861±3550
Persons needing hotel rooms should FL 33624, 813–960–2105, or visit the by working more closely with mention that they are attending the ISPE at the Internet at http:// stakeholders, maximizing the ISPE, FDA/SUPAC workshop. www.ispe.org. Registrations are due 1 availability of, and clarifying Contact: Marie T. Falcone, Industry week prior to the start of each course. information about the process for review and Small Business Representative, Space is limited, therefore, interested and submissions, and ensuring access to FDA, rm. 900 U.S. Customhouse, parties are encouraged to register early. needed scientific and technical Second and Chestnut Sts., Philadelphia, Limited on-site registration may be expertise. PA 19106, 215–597–2120, ext. 4003, e- available. Please arrive early to ensure The topics to be discussed include the mail: [email protected]. prompt registration. If you need special following: (1) The history of SUPAC Registration: Send registration accommodations due to a disability, development; (2) comparison of SUPAC information (including name, title, firm please contact ISPE at least 7 days in immediate-release solid dosage forms, name, address, telephone, and fax advance. modified-release oral dosage forms, and number), along with a $295 check SUPPLEMENTARY INFORMATION: The semisolid-topical dosage forms; (3) bulk (member) or $450 (nonmembers) (which workshops further implement the FDA actives postapproval changes; (4) will cover refreshments, lunch, and Plan for Statutory Compliance postapproval changes sterile aqueous materials) made payable to ISPE, 3816 (developed under Section 406 of the solutions; (5) FDA field staff’s W. Linebaugh Ave., suite 412, Tampa, FDA Modernization Act (21 U.S.C. 393)) involvement in SUPAC; (6) description
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C. Information Available by the 1. Costs Associated With the Method to them or in which they have no Combination Approach Costs associated with providing interest. Many comments advocated placing information on bottled water to F. Information Available on the Internet customers in a pamphlet depend upon certain individual pieces of information, A small number of comments the quality of the paper and printing, such as information on source of the indicated that the Internet was an water, information about the suitability the size of the pamphlet, and the use of color. We estimate that it would cost a appropriate method for conveying of the water for consumption by information to customers. However, the immunocompromised individuals or company between $3,500 and $16,500 per year to distribute 10,000 pamphlets. majority of comments stated that the fluoride levels, on the label, while internet was not appropriate as the sole making other CCR-type information 2. FDA’s Evaluation source of information because some available to customers through contact The agency is not aware that retailers customers may not have access to it. with the company (i.e., a combination necessarily would not want to provide 1. Costs Associated With the Method approach). Comments stated that this space for pamphlets. The agency does would be both appropriate and feasible believe, however, that this would not be The cost of creating and maintaining and noted that this would give the most feasible method when other a web site also was considered customers access to certain pieces of methods of conveying information are prohibitive for small companies. information that may be of interest to available. Information on bottled water Comments stated that the cost of them at point of purchase. contained in a pamphlet would be creating a web site is approximately $7,500. 1. Costs Associated With the Method subject to the same frequent changes that may be necessary for label We estimate the cost of creating and The costs associated with providing information due to changing test results maintaining an Internet website to be information in response to customer from ongoing monitoring. In addition, between $2,000 and $7,500. For firms requests for the information through there would be practical concerns that already maintain a website, the cost company contact would be similar to regarding assuring that the pamphlets of adding information on the contents of those listed in the previous section. This were consistently available at point of bottled water would be negligible. option would also entail a label change purchase. Therefore, we do not believe 2. FDA’s Evaluation for companies, estimated to cost a that pamphlets would be the most Although the Internet is increasingly minimum of between $2,200 and feasible method of providing popular, FDA agrees that the internet $12,800 for the initial change. Whether information on the contents of bottled or not there would be additional costs water to customers. may not be appropriate as the sole for subsequent label changes would source of information about the contents depend upon whether the information E. Distribution of an Information of bottled water. According to the 1999 required to be on the label could change Package With Bulk Water Deliveries Economic Report of the President as a result of ongoing monitoring of the The majority of the comments (Washington, DC, 1999), approximately product. indicated that it would be appropriate 70 million Americans (26 percent of the for bulk water deliverers to include an U.S. population) have access to the 2. FDA’s Evaluation information package with a bill or Internet. Since many customers may not We agree that the combination deliver it with an invoice. Comments have access to the Internet, the agency approach is an appropriate method of also stated that this would be feasible believes that it may not be appropriate providing information to customers. We since bulk water deliverers have regular for the Internet to be the sole source of also agree that this method is feasible as contact with their customers. information on the contents of bottled water for customers. The Internet is an long as the particular information that is 1. Costs Associated With the Method placed on the label does not require appropriate and feasible method of If an informal information package frequent changes as a result of ongoing providing information to customers; were prepared for delivery or inclusion monitoring for contaminants. however, it may need to be used in with an invoice, we estimates the cost combination with another method to Comments that advocated the to be between $1 and $2 per package. If ensure that all bottled water customers combination approach requested that a firm makes 20 bulk deliveries per have access to the information. particular pieces of information, that week, then the yearly cost would be IV. Summary may be of interest to customers at point $1,000 to $2,000. of purchase, be placed on the label. The We believe that much of the agency notes that, in order to fully 2. FDA’s Evaluation information contained in a CCR is explore the combination approach in The agency believes that it would be applicable to bottled water. However, the final feasibility report, advocates of appropriate and feasible for bulk water we recognize that certain information the combination approach should deliverers to include an information contained in a CCR is relevant only to provide information on which pieces of package with a bill or deliver it with an public drinking water systems regulated CCR-type information should go on the invoice. An information package could by EPA. For example, a CCR includes label and which should be available be prepared in response to any changes the definition and statement of MCLG’s, through company contact. in information about the delivered information on public drinking water D. Information in a Pamphlet product, rather than printed in advance systems operating under a variance, and as labels typically are. The information information on EPA’s drinking water None of the comments considered also could be provided to customers by hotline. placement of a pamphlet containing bulk deliverers only in response to The agency has tentatively information about bottled water at the customer request. This would reduce determined that certain methods are point of purchase an appropriate the chance for customers who are not appropriate and feasible for informing method. The comments stated that retail seeking additional information on the customers of the contents of bottled establishments might not want to contents of bottled water to be confused water. We believe that providing provide the necessary display space. by information that may not be relevant analogous CCR information on bottled
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ACTION: Final notice. in section 1865(b)(3)(A) of the Act for activities with appropriate Federal, initial applications for deeming State, and local licensing bodies and SUMMARY: This notice announces the authority should apply to renewals as ombudsmen programs. reapproval of the Joint Commission on well. These procedures require us to— • JCAHO’s policies and procedures Accreditation of Healthcare (1) publish a notice in the Federal for identifying potential fraud and Organizations (JCAHO) as a national Register within 60 days after receiving abuse, and its coordination with or accreditation organization for home an accreditation organization’s written reporting to us. health agencies (HHAs) that request request that we make a determination • JCAHO’s survey team, the content participation in the Medicare program. regarding whether its accreditation and frequency of the in-service training We have found that JCAHO’s standards requirements continue to meet or provided, the evaluation systems used for HHAs meet or exceed those exceed Medicare requirements; (2) to assess the performance of surveyors, established by the Medicare program. identify in the notice the organization and potential conflict-of-interest Therefore, HHAs accredited by JCAHO and the nature of the request and allow policies and procedures. will be granted deemed status under the a 30-day public comment period; and • JCAHO’s data management system Medicare program. (3) publish a notice of our approval or and reports used to— EFFECTIVE DATE: This final notice is disapproval within 210 days after we —Assess its surveys and accreditation effective February 22, 2000, through receive the organization’s application decisions; and March 31, 2005. and complete package of information. —Provide us with electronic data and new statistical validation information FOR FURTHER INFORMATION CONTACT: Joan II. Provisions of the Proposed Notice C. Berry, (410) 786–7233. including— SUPPLEMENTARY INFORMATION: On September 10, 1999, we published + The number, accreditation status, a proposed notice in the Federal and resurvey cycle for facilities; I. Background Register (64 FR 49197) announcing the + The number, types, and resolution Sections 1861(o) and 1891 of the receipt of an application from JCAHO times for follow-up when deficiencies Social Security Act (the Act) and part for renewal of its privileges as a national are detected during surveys; 484 of the Medicare regulations specify accreditation organization for HHAs. In + The 10 most common deficiencies the conditions that a home health the proposed notice, we detailed the found in surveyed HHAs; and + The number of actionable cases of agency (HHA) must meet in order to factors on which we would base our noncompliance and an indication of the participate in the Medicare program. evaluation. Under section 1865(b)(2) of method and timeframe for resolution Generally, in order to enter into an the Act and our regulations at including plans of correction, if any. agreement with Medicare, an HHA must § 488.8(d)(3)(i), our review and • A review of all types of first be certified by a State survey evaluation of the JCAHO application accreditation status JCAHO offers and agency as complying with the were conducted in accordance with the the extent to which each type conditions or standards set forth in part following procedures: • corresponds with HCFA’s standards of 484 of the regulations. Then, the HHA An on-site administrative review of compliance. is subject to routine surveys by a State the following: (1) The accrediting organization’s corporate policies; (2) its • The adequacy of JCAHO’s staff and survey agency to determine whether it other resources to perform the surveys, continues to meet Medicare financial and human resources available to accomplish the proposed surveys; (3) and its financial viability. requirements. • JCAHO’s written agreement to— There is an alternative, however, to the training, monitoring, and evaluation —Meet our requirements to provide to surveys by State agencies. Section of its surveyors, (4) its ability to all relevant parties timely 1865(b)(1) of the Act permits investigate and respond appropriately to notifications of changes to ‘‘accredited’’ HHAs to be exempt from complaints against accredited facilities; accreditation status or ownership, to routine surveys by State survey agencies and (5) its survey review and decision- report to all relevant parties remedial to determine compliance with Medicare making process for accreditation. • actions or situations of immediate conditions of participation. A determination of the equivalency jeopardy, and to conform its Accreditation by an accreditation of JCAHO’s standards for an HHA to our requirements to changes in Medicare organization is voluntary and is not comparable HHA conditions of requirements; and required for Medicare certification. participation. • —Permit its surveyors to serve as Section 1865(b)(1) of the Act provides A review, both through witnesses for us in adverse actions that, if a provider is accredited by a documentation and on-site observation, against its accredited facilities. national accreditation body under a set of JCAHO’s survey processes to of standards that meet or exceed the determine the following: In accordance with section Medicare conditions, the Secretary can —The comparability of JCAHO’s 1865(b)(3)(A) of the Act the proposed ‘‘deem’’ that HHA as having met the processes to those of State agencies, notice also solicited public comment Medicare requirements for those including survey frequency and regarding whether JCAHO’s conditions. whether surveys are announced or requirements meet or exceed the Our regulations concerning unannounced; Medicare conditions of participation for reapproval of accrediting organizations —The adequacy of the guidance and HHAs. We received no public comments are set forth at 42 CFR 488.4 and instructions and survey forms JCAHO in response to our proposed notice. 488.8(d)(3). Section 488.8(d)(3) requires provides to surveyors; and III. Provisions of the Final Notice reapplication at least every 6 years and —JCAHO’s procedures for monitoring permits the Secretary to determine the providers or suppliers found to be out A. Differences between JCAHO and required materials from those of compliance with our requirements Medicare’s Conditions and Survey enumerated in § 488.4, as well as the (these procedures are used when Requirements deadline to reapply for continued JCAHO identifies noncompliance). Our review and evaluation of the approval of deeming authority. We have • JCAHO’s procedures for responding JCAHO application, which were determined that the procedures set out to complaints and for coordinating these conducted as detailed in section II of
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EFFECTIVE DATE: This final notice is disapproval within 210 days after we —Assess its surveys and accreditation effective February 22, 2000, through receive the organization’s application decisions; and March 31, 2005. and complete package of information. —Provide us with electronic data and new statistical validation information FOR FURTHER INFORMATION CONTACT: Joan II. Provisions of the Proposed Notice C. Berry, (410) 786–7233. including— On September 10, 1999, we published SUPPLEMENTARY INFORMATION: + The number, accreditation status, a proposed notice in the Federal and resurvey cycle for facilities; I. Background Register (64 FR 49198) announcing the + The number, types, and resolution Sections 1861(o) and 1891 of the receipt of an application from CHAP for times for follow-up when deficiencies Social Security Act (the Act) and part renewal of its privileges as a national are detected during surveys; 484 of the Medicare regulations specify accreditation organization for HHAs. In + The 10 most common deficiencies the conditions that a home health the proposed notice, we detailed the found in surveyed HHAs; and agency (HHA) must meet in order to factors on which we would base our + The number of actionable cases of participate in the Medicare program. evaluation. Under section 1865(b)(2) of noncompliance and an indication of the Generally, in order to enter into an the Act and our regulations at method and timeframe for resolution § 488.8(d)(3)(i), our review and including plans of correction, if any. agreement with Medicare, an HHA must • first be certified by a State survey evaluation of the CHAP application A review of all types of agency as complying with the were conducted in accordance with the accreditation status CHAP offers and the conditions or standards set forth in part following procedures: extent to which each type corresponds • An on-site administrative review of with HCFA’s standards of compliance. 484 of the regulations. Then, the HHA • is subject to routine surveys by a State the following: (1) The accrediting The adequacy of CHAP’s staff and survey agency to determine whether it organization’s corporate policies; (2) its other resources to perform the surveys, financial and human resources available and its financial viability. continues to meet Medicare • requirements. to accomplish the proposed surveys; (3) CHAP’s written agreement to— There is an alternative, however, to the training, monitoring, and evaluation —Meet our requirements to provide to surveys by State agencies. Section of its surveyors, (4) its ability to all relevant parties timely 1865(b)(1) of the Act permits investigate and respond appropriately to notifications of changes to ‘‘accredited’’ HHAs to be exempt from complaints against accredited facilities; accreditation status or ownership, to routine surveys by State survey agencies and (5) its survey review and decision- report to all relevant parties remedial making process for accreditation. actions or situations of immediate to determine compliance with Medicare • conditions of participation. A determination of the equivalency jeopardy, and to conform its Accreditation by an accreditation of CHAP’s standards for an HHA to our requirements to changes in Medicare organization is voluntary and is not comparable HHA conditions of requirements; and participation. —Permit its surveyors to serve as required for Medicare certification. • Section 1865(b)(1) of the Act provides A review, both through witnesses for us in adverse actions that, if a provider is accredited by a documentation and on-site observation, against its accredited facilities. national accreditation body under a set of CHAP’s survey processes to In accordance with section of standards that meet or exceed the determine— 1865(b)(3)(A) of the Act the proposed Medicare conditions, the Secretary can —The comparability of CHAP’s notice also solicited public comment on ‘‘deem’’ that HHA as having met the processes to those of State agencies, whether CHAP’s requirements meet or Medicare requirements for those including survey frequency and exceed the Medicare conditions of conditions. whether surveys are announced or participation for HHAs. We received no Our regulations concerning unannounced; public comments in response to our reapproval of accrediting organizations —The adequacy of the guidance, proposed notice. are set forth at 42 CFR 488.4 and instructions, and survey forms CHAP III. Provisions of the Final Notice 488.8(d)(3). Section 488.8(d)(3) requires provides to surveyors; and reapplication at least every 6 years and —CHAP’s procedures for monitoring A. Differences between CHAP and permits the Secretary to determine the providers or suppliers found to be out Medicare’s Conditions and Survey required materials from those of compliance with our requirements Requirements enumerated in § 488.4, as well as the (these procedures are used when Our review and evaluation of the deadline to reapply for continued CHAP identifies noncompliance). CHAP application, which were approval of deeming authority. We have • CHAP’s procedures for responding conducted as detailed in section II of determined that the procedures set out to complaints and for coordinating these this notice, yielded the following in section 1865(b)(3)(A) of the Act for activities with appropriate Federal, information. initial applications for deeming State, and local licensing bodies and We compared the standards contained authority should apply to renewals as ombudsmen programs. in CHAP’s ‘‘1999 Standards of well. These procedures require us to— • CHAP’s policies and procedures for Excellence for HHA Organizations,’’ in (1) publish a notice in the Federal identifying potential fraud and abuse, both the ‘‘Core’’ (section regarding Register within 60 days after receiving and its coordination with or reporting to administrative standards applicable to an accreditation organization’s written us. all facilities deemed by CHAP) and request that we make a determination • CHAP’s survey team, the content ‘‘Home Health Organizations regarding whether its accreditation and frequency of the in-service training Standards’’ sections and CHAP’s survey requirements continue to meet or provided, the evaluation systems used process as outlined in its ‘‘Site Visitor exceed Medicare requirements; (2) to assess the performance of surveyors, Training Manual,’’ supplemented by identify in the notice the organization and potential conflict-of-interest flow charts comparing the survey and the nature of the request and allow policies and procedures. process, deficiency resolution, a 30-day public comment period; and • CHAP’s data management system complaint monitoring, and accreditation (3) publish a notice of our approval or and reports used to— decision making with the Medicare
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FOR FURTHER INFORMATION CONTACT: adequate resources for conducting used only when AOA identifies Janice Adams-King, (410) 786–8354. required surveys and ability to supply noncompliance.) SUPPLEMENTARY INFORMATION: information for use in enforcement • AOA’s procedures for responding to activities, its monitoring procedures for complaints and for coordinating these I. Background provider entities found out of activities with appropriate licensing Laws and Regulations compliance with the conditions or bodies and ombudsmen programs. requirements, and its ability to provide • AOA’s policies and procedures for Under the Medicare program, eligible us with necessary data for validation. beneficiaries may receive covered identifying potential fraud and abuse Section 1865(b)(3)(A) of the Act and its coordination with us or services in a hospital provided certain further requires that we publish, within requirements are met. The regulations reporting to us. 60 days of receipt of an organization’s • AOA’s survey team, the content and specifying the Medicare conditions of complete application, a notice participation for hospital care are frequency of the in-service training identifying the national accreditation provided, the evaluation systems used located in 42 CFR part 482. These body making the request, describing the conditions implement section 1861(e) of to assess the performance of surveyors, nature of the request, and providing at and potential conflict-of-interest the Social Security Act (the Act), which least a 30-day public comment period. specifies services covered as hospital policies and procedures. Subsequently, we have 210 days from • AOA’s data management system care and the conditions that a hospital receipt of the request to publish program must meet in order to and reports used to assess its surveys approval or denial of the application. and accreditation decisions, and its participate in the Medicare program. The purpose of this notice is to notify ability to provide us with electronic Regulations concerning provider the public of our decision to approve data and new statistical validation agreements are at 42 CFR part 489 and AOA’s request for continuation of its information including the number, those pertaining to the activities relating deeming authority. This decision is accreditation status, and resurvey cycle to the survey and certification of based on our finding that the AOA’s for facilities; the number, types, and facilities are at 42 CFR part 488. separate accreditation programs for resolution times for follow up when Generally, in order to enter into a hospital care meet or exceed the deficiencies are detected during provider agreement, a hospital must first Medicare hospital conditions of surveys; the top 10 deficiencies found, be certified by a State survey agency as participation. complying with the conditions or and the number of actionable cases of standards set forth in the statute and III. Proposed Notice noncompliance and the method and part 482 of the regulations. Then, the time frame for resolution. On September 10, 1999, we published • hospital is subject to regular surveys by a proposed notice at 64 FR 49199 A review of all types of a State survey agency to determine announcing AOA’s request for accreditation status AOA offers and an whether it continues to meet Medicare reapproval as a deeming organization assessment of the appropriateness of requirements. There is an alternative, for hospitals. In the notice, we detailed those for which AOA seeks deemed however, to surveys by State agencies. status. the evaluation criteria. Under section • Section 1865(b)(1) of the Act permits 1865(b)(2) of the Act and our regulations A review of the pattern of AOA’s ‘‘accredited’’ hospitals to be exempt at § 488.8(d)(3)(i), our review and deemed facilities (that is, types and from routine surveys by State survey evaluation of the AOA application were duration of accreditation and its agencies to determine compliance with conducted in accordance with the schedule of all planned full and partial Medicare conditions of participation. surveys). following criteria: • Accreditation by an accreditation • An on-site administrative review of The adequacy of AOA’s staff and organization is voluntary and is not the corporate policies, resources to other resources to perform the surveys, required for Medicare participation. accomplish the proposed surveys, and its financial viability. • Section 1865(b)(1) of the Act provides program and surveyor evaluation and AOA’s written agreement to— that, if a provider demonstrates through monitoring, its ability to investigate and — Meet our requirements to provide to accreditation that all applicable respond appropriately to complaints all relevant parties, timely conditions are met or exceed the against accredited facilities, and the notifications of changes to Medicare conditions, we can ‘‘deem’’ survey review and decision-making accreditation status or ownership, to the hospital as having met the process for accreditation. report to all relevant parties remedial requirements. • A determination of the equivalency actions or immediate jeopardy, and to Our regulations concerning of AOA’s standards for a hospital to our conform its requirements to changes reapproval of accrediting organizations comparable hospital conditions of in Medicare requirements; and are set forth at §§ 488.4 and 488.8(d)(3). participation. — Permit its surveyors to serve as The regulations at § 488.8(d)(3) require • A review through documentation witnesses for us in adverse actions reapplication at least every 6 years and and on-site observation of AOA’s survey against its accredited facilities. permit us to determine the required processes to determine the following: IV. Summary of Public Comments materials as enumerated in § 488.4 and — The comparability of AOA’s Received on the Proposed Notice and the deadline to reapply for continued processes to those of State agencies, Our Responses approval of deeming authority. including survey frequency and whether surveys are announced or Comments: We received comments in II. Approval of Deeming Organizations unannounced. favor of renewing AOA’s deeming Section 1865(b)(2) of the Act further — The adequacy of the guidance and authority from five professional requires that our findings concerning instructions and survey forms AOA osteopathic organizations. One review of national accrediting provides to surveyors. organization stated that ‘‘The AOA is organizations consider, among other — AOA’s procedures for monitoring accepted as a leader in the osteopathic factors, the accreditation organization’s providers or suppliers found to be out profession by providing quality service requirements for accreditation, its of compliance with program to its hospitals, enabling them to survey procedures, its ability to provide requirements. (These procedures are comply with the guidelines as set forth
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Dated: February 2, 2000. organizations related to the provision of control for the operation of the Service Nancy-Ann Min DeParle, health and health related services, and Unit, program offices, and P.L. 93–638 Administrator, Health Care Financing supports the implementation of Self- contracted facilities; and (6) advises Administration. Governance and Self-Determination; (7) executive staff on status of funds and [FR Doc. 00–4154 Filed 2–18–00; 8:45 am] assures the provision of access to the recommends action to maintain BILLING CODE 4120±01±P Internet and World Wide Web; as well utilization of resources and to obtain as, basic automated information and maximum health care services. telecommunications systems to facilitate Acquisition Management Branch DEPARTMENT OF HEALTH AND effective program and health care (GFNAB2) HUMAN SERVICES administration; (8) supports the development of individual and Tribal (1) Plans, organizes, and manages the Indian Health Service capacities to participate in Indian health acquisition services for the Area and programs through means and modalities makes recommendations on acquisition Statement of Mission, Organization, that they deem appropriate to their policies and procedures; (2) provides Functions and Delegation of Authority health needs and circumstances; and (9) guidance to field personnel on the Part G, of the Statement of participates with Indian tribes and other interpretation of acquisition laws, Organization, Functions and Indian community groups in developing regulations, procedures and policies; (3) Delegations of Authority of the goals and objectives for the Tucson Area plans, develops, and coordinates all Department of Health and Human IHS. Area tribal contracts and grant awards Services, as amended at 60 FR 56606, including negotiation, administration Division of Administration and and close-outs; (4) executes and November 9, 1995, and most recently Management (GFNAB) amended at 61 FR 67048, December 19, administers Buy Indian contracts; (5) 1996, is amended to reflect the (1) Plans, directs, coordinates and executes and administers construction establishment of the Division of evaluates Area administrative and contracts; and (6) executes and Information Systems and Technology management services; (2) promotes, administers purchase orders for small (GFNAE) and the abolishment of the evaluates and monitors Area internal procurement. control activities; (3) provides for a Information Technology Support Branch Human Resources Management Branch sound financial management program (GFNAC1) within the Tucson Area (GFNAB3) Indian Health Service (TAIHS). The including budget, general accounting, (1) Provides overall human resource changes are as follows: and accounts control; (4) provides overall management of supply program, management support to Area Office and Section GFN–00, Tucson Area Indian office services and personal and real Service Unit managers; (2) maintains Health Service—Mission property, insuring proper position classification and wage The Tucson Area IHS provides a documentation and reporting of all administration programs for the Area; comprehensive health services delivery relative transactions; (5) plans, (3) provides a centralized employee system for American Indians and Alaska coordinates, administers, directs and development program that includes Natives (AI/AN) with opportunity for evaluates the Area Civil Service and planning, administering, supervising, maximum tribal involvement in Commissioned Corps personnel and evaluating; (4) directs employee developing and managing programs to management program; (6) provides relations/services programs for the meet their health needs. The goal of the human resource management support to entire Area; (5) maintains and processes Tucson Area IHS is to raise the health Area office and Service Unit managers all Area Integrated Management of level of the AI/AN people to the highest including recruitment, placement, Personnel Administration through possible level. position management, position Computer Technology (IMPACT), classification, training, labor relations Terminal Data Control Systems; (6) Section GFN–10, Functions. Office of and employee relations, employee provides overall recruitment and the Director (GFNA) services, and public relations; (7) employment information; (7) provides (1) Plans, develops, and directs the assures the full application of the Indian technical assistance in personnel Area program within the framework of Preference policy in all personnel management to American Indian the Indian Health Service (IHS) policy practices; (8) provides direction for organizations; (8) manages the IHS and in pursuit of the mission; (2) acquisition management including Indian Health Care Improvement Act delivers and ensures the delivery of monitoring of tribal/urban Indian, (P.L. 94–437) Scholarship Program and high quality health services, allowing commercial and small purchase Management Development Program for alternative methods and techniques contracts. coordination; (9) ensures that Indian of health services management and Preference statutes are adhered to and Financial Management Branch delivery with maximum Tribal that all legal and regulatory (GFNAB1) participation; (3) coordinates and requirements are properly applied; and advocates for IHS activities and (1) Interprets policies, guidelines, (10) provides liaison with IHS Field resources internally and externally with manual issuances, OMB Circulars, and Support Personnel. those of other Government and other directives or instructions issued nongovernmental programs; (4) by IHS, PHS, DHHS, OMB, Treasury, Division of Public Health Services promotes optimum utilization of health GAO and Congress relating to the fiscal (GFNAC) care services through management and management of resources; (2) provides (1) Provides leadership and guidance delivery of services to American Indians direction for the organization, to IHS direct, tribal, and urban public and Alaska Natives; (5) applies the coordination and execution of all budget health programs on IHS goals, principles of Indian Preference and and financial operations; (3) provides objectives, policies, standards, and Equal Employment Opportunity (EEO); technical guidance to Service Unit priorities; (2) coordinates and evaluates (6) provides liaison, consultative and administration staff; (4) provides professional standards and reporting administrative service to officials of technical assistance and guidance to requirements, e.g., Health Care Finance Tribes, inter-tribal and urban Indian tribal organizations; (5) monitors funds Administration (HCFA), Joint
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Commission on Accreditation of Health program management and medical reorganization, shall continue in effect Care Organizations (JCAHO), and operation; (4) supports access to the pending further redelegation. Government Performance and Results Internet and World Wide Web; (5) This reorganization shall be effective Act (GPRA), for service delivery in the provides advice on the installation and on the date of signature. direct care and contract health care maintenance services to the Area Dated: February 14, 2000. programs; (3) assures the provision of managers and tribal and urban health Michael H. Trujillo, technical assistance and consultation to programs on operational automated Service Units and tribal governments information systems used in the IHS, Director. concerning health service delivery, i.e., RPMS, CHSMIS, CDMIS, etc. for [FR Doc. 00–4096 Filed 2–18–00; 8:45 am] epidemiological investigation and improved personal productivity and BILLING CODE 4160±16±M surveillance, the interpretation and health services data collection; (6) application of health and safety provides reports and information on a standards, as well as, third-party priority basis and gathers, consolidates DEPARTMENT OF THE INTERIOR reimbursements, contract health, and and transmits automated RPMS data to other service agreements; (4) central processing centers; and (7) Fish and Wildlife Service collaborates with Tribes, Departmental serves as the focal point for clearance of Endangered Species Permit entities, other Federal and State requests to purchase information Applications agencies, and voluntary professional systems, hardware and software for the health organizations to identify, Tucson Area IHS. AGENCY: Fish and Wildlife Service. develop, and apply new approaches for Sells Service Unit (GFNE) ACTION: Notice of receipt of permit prevention programs and for the applications. delivery and financing of health care; Pascua Yaqui Service Unit (GFNG) and (5) provides health services and (1) Plans, develops, and directs health SUMMARY: The following applicants have facilities planning, evaluation, and programs within the framework of IHS applied for a scientific research permit statistical functions for the Area. policy and mission; (2) promotes to conduct certain activities with Division of Environmental Health and activities to improve and maintain the endangered species pursuant to section Engineering (GFNAD) health and welfare of the service 10 (a)(1)(A) of the Endangered Species population; (3) delivers quality health Act of 1973, as amended (16 USC 1531 (1) Provides a broad range of services within available resources; (4) et seq.). environmental health and engineering coordinates Service Unit activities and Permit No. TE–022227 services directed at the prevention and resources with those of other reduction of disease and injuries among governmental and non-governmental Applicant: Harry Franklin Smead, the Indian population in the Tucson programs; (5) participates in the Lemon Grove, California. Area; (2) directs, plans, implements, development and demonstration of The applicant requests a permit to monitors and evaluates environmental alternative means and techniques of take (capture, handle, and release) the health service activities to eliminate or health services management and health arroyo southwestern toad (Bufo reduce health hazards in homes and care delivery, including the microscaphus californicus) in communities; (3) directs, plans, and implementation and maintenance of conjunction with field recovery implements engineering activities to automated information systems, activities throughout its range for the design and construct water, sewer and telecommunication and business purpose of enhancing its survival. solid waste systems for Indian homes systems designed to facilitate effective Permit No. TE–022251 and communities, provides training and program administration and health care technical assistance for the operation management; (6) provides Indian tribes Applicant: Patricia A. Cole, Costa and maintenance of sanitation facilities; and other Indian community groups Mesa, California. (4) administers the management, with optimal means of participating in The applicant requests a permit to maintenance and repair of IHS health Service Unit programs; and (7) take (survey by pursuit) the Quino care facilities; (5) provides biomedical encourages and supports the checkerspot butterfly (Euphydryas engineering support to the IHS health development of individual and tribal editha quino) in conjunction with care facilities; (6) manages the operation entities in the management of the presence or absence surveys throughout of the administrative activities that Service Unit. its range for the purpose of enhancing include the budget, personnel, its survival. acquisition and property within the Section GFN–20, The Order of office; and (7) serves as the principal Succession to the Area Director Permit No. TE–022183 advisor to the Area for all Director, Division of Administration and Applicant: Los Angeles World environmental health issues affecting Management Airports, Los Angeles, California. the Tribes and IHS employees. Director, Division of Public Health The applicant requests a permit to take (survey by pursuit) the El Segundo Division of Information Systems and Services blue butterfly (Euphilotes battoides Technology (GFNAE) Director, Division of Information Systems and Technology allyni) in conjunction with presence or (1) Provides leadership and guidance Director, Division of Environmental absence surveys throughout its range for in the area of information technology to Health and Engineering the purpose of enhancing its survival. tribal, and urban public health programs, Area Office and Service Unit Section GFN–30, Tucson Area IHS— Permit No. TE–022181 managers; (2) plans, coordinates and Delegations of Authority Applicant: David J. Ezell, Hemet, manages automated information All delegations and redelegations of California. designed to facilitate effective program authority made to officials in the The applicant requests a permit to and health care management; (3) plans, Tucson Area Office that were in effect take (survey by pursuit) the Quino procures, supports and evaluates immediately prior to this reorganization, checkerspot butterfly (Euphydryas telecommunications systems for and that are consistent with this editha quino) in conjunction with
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SUMMARY: Notice is hereby given that Section, Utah State Office, Bureau of Management on January 26, 2000. The the Utah Bureau of Land Management, Land Management on February 2, 2000. memorandum addressed a request for Cadastral Survey Branch has The following list of official documents copies of microfilm for each survey transmitted the following list of Original was also transmitted by certified mail to group, that can be put on file with the Cadastral Survey Plats to the Chief for the Director for the Denver Service Information Access Center, Utah State Public Services and Land Records Center (SC–675), Bureau of Land Office, Bureau of Land Management.
Group Township Range Meridian Approved Type
0780 ...... T29S R24E SLM 99±05±14 Dep. Res. 0781 ...... T01N R04W USM 99±03±30 Dep. Res. 0799 ...... T03S R05W USM 99±05±18 Dep. Res. 0799 ...... T04S R05W USM 99±05±18 Dep. Res. 0800 ...... T01S R03W USM 99±05±18 Dep. Res. 0814 ...... T02S R04E SLM 99±06±16 Dep. Res. 0814 ...... T02S R05E SLM 99±06±16 Dep. Res. 0814 ...... T03S R05E SLM 99±06±16 Dep. Res. 0814 ...... T02S R04E SLM 99±06±16 Dep. Res. 0814 ...... T02S R05E SLM 99±06±16 Dep. Res. 0814 ...... T03S R04E SLM 99±06±16 Dep. Res. 0815 ...... T02N R01E USM 99±01±11 Dep. Res. 0816 ...... T02N R02W USM 99±01±11 Dep. Res. 0817 ...... T02S R01E USM 99±01±11 Dep. Res. 0818 ...... T03S R03W USM 99±01±11 Dep. Res. 0820 ...... T31S R02W SLM 99±02±01 Dep. Res. 0826 ...... T11N R07W SLM 98±06±01 Dep. Res. 0826 ...... T11N R08W SLM 98±06±01 Dep. Res. 0826 ...... T12N R07W SLM 98±06±01 Dep Res. 0826 ...... T12N R08W SLM 98±06±01 Dep. Res. 0837 ...... T04S R08W USM 99±02±01 Dep. Res. 0837 ...... T04S R08W USM 99±02±01 Dep. Res. 0837 ...... T04S R09W USM 99±02±01 Dep. Res. 0841 ...... T26S R09W SLM 99±02±01 Dep. Res. 0841 ...... T27S R10W SLM 99±02±01 Dep. Res. 0845 ...... T02N R22E SLM 99±04±30 Dep. Res. 0845 ...... T02N R22E SLM 99±04±30 Dep. Res. 0845 ...... T02N R22E SLM 99±04±30 Dep. Res. 0845 ...... T02N R22E SLM 99±04±30 Dep. Res. 0845 ...... T02N R22E SLM 99±04±30 Dep. Res. 0845 ...... T02N R22E SLM 99±11±30 Dep. Res. 0847 ...... T43S R16W SLM 98±06±25 Dep. Res. 0849 ...... T12S R03W SLM 99±05±21 Dep. Res. 0850 ...... T11S R03W SLM 99±05±21 Dep. Res. 0861 ...... T14S R02W SLM 99±02±01 Dep. Res. 0861 ...... T15S R02W SLM 99±02±01 Dep. Res. 0862 ...... T15S R03W SLM 99±02±01 Dep. Res. 0863 ...... T15S R01W 1¤2 SLM 99±02±01 Dep. Res. 0865 ...... T11S R05W SLM 99±05±28 Dep. Res. 0867 ...... T18S R14E SLM 99±05±21 Dep. Res. 0873 ...... T12S R05W SLM 99±05±18 Dep. Res. 0879 ...... T30S R03W SLM 99±03±17 Dep. Res. 0881 ...... T42S R14W SLM 98±05±18 Dep. Res. 0882 ...... T35S R12W SLM 99±03±11 Dep. Res. 0882 ...... T35S R12W SLM 99±03±11 Dep. Res. 0883 ...... T41S R13W SLM 98±10±13 Dep. Res. 0889 ...... T21S R10W SLM 98±12±08 Dep. Res. 0889 ...... T22S R10W SLM 98±12±08 Dep. Res. 0891 ...... T12N R02E SLM 99±02±01 Dep. Res. 0893 ...... T09S R08E SLM 00±01±12 Dep. Res. 0894 ...... T25S R18E SLM 99±05±18 Dep. Res. 0900 ...... T41S R14W SLM 00±01±12 Dep. Res. 0900 ...... T42S R12W SLM 00±01±12 Dep. Res. 0246S ...... T43S R15W SLM 98±05±19 Supplemental. 0247S ...... T43S R16W SLM 98±09±22 Supplemental. 0248S ...... T41S R13W SLM 98±09±22 Supplemental. 0249S ...... T28S R04W SLM 99±06±08 Supplemental. 7371C ...... T13N R13W SLM 99±07±30 Mineral. 7377B ...... T13S R12W SLM 99±02±26 Mineral. 7386 ...... T03S R03W SLM 98±02±20 Mineral. 7387 ...... T03S R03W SLM 98±02±20 Mineral. 7388 ...... T03S R03W SLM 98±02±20 Mineral. 7390A ...... T21S R10W SLM 99±01±27 Mineral. 7390B ...... T21S R10W SLM 99±01±27 Mineral. 7390C ...... T21S R10W SLM 99±01±27 Mineral. 7391A ...... T22S R10W SLM 99±01±27 Mineral. 7391B ...... T22S R10W SLM 99±01±27 Mineral.
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Group Township Range Meridian Approved Type
7392A ...... T22S R10W SLM 99±01±27 Mineral. 7392B ...... T22S R10W SLM 99±01±27 Mineral. 7393A ...... T21S R09W SLM 99±01±27 Mineral. 7393B ...... T21S R09W SLM 99±01±27 Mineral. 7394 ...... T22S R10W SLM 99±01±27 Mineral. 7395A ...... T22S R10W SLM 99±01±27 Mineral. 7395B ...... T22S R10W SLM 99±01±27 Mineral. 0032P ...... TOWNSHIP INDEX SLM 98±05±22 Protraction. 0033P ...... T15N R02E SLM 98±05±22 Protraction. 0034P ...... T14N R02E SLM 98±05±22 Protraction. 0035P ...... T13N R02E SLM 98±05±22 Protraction. 0036P ...... T15N R03E SLM 98±05±22 Protraction. 0037P ...... T13N R03E SLM 98±05±22 Protraction. 0038P ...... T15N R04E SLM 98±05±22 Protraction. 0039P ...... TOWNSHIP INDEX SLM 98±05±22 Protraction. 0040P ...... T03S R08W SLM 98±05±22 Protraction. 0041P ...... T03S R07W SLM 98±05±22 Protraction. 0042P ...... T04S R07W SLM 98±05±22 Protraction.
Dated: February 15, 2000. 303–239–3706, or David Atkins, BLM, closes the lands for up to 2 years from Daniel W. Webb, in Grand Junction at 970–244–3074. mining. The lands will remain open to Chief, Cadastral Surveyor for Utah. SUPPLEMENTARY INFORMATION: The mineral leasing and the Materials Act of [FR Doc. 00–4068 Filed 2–18–00; 8:45 am] Notice of Proposed Withdrawal for the 1947. BILLING CODE 4310±DQ±P Upper Colorado River Special DATES: Comments and requests for a Recreation Management Area which public meeting must be received by May was published in the Federal Register 22, 2000. DEPARTMENT OF THE INTERIOR on September 3, 1999, (64 FR 48416– ADDRESS: Comments and meeting 48417), is hereby modified to schedule requests should be sent to the Field Bureau of Land Management a public meeting as provided by 43 Manager, BLM Folsom Field Office [CO±930±1430±ET; COC±63081] U.S.C. 1714, and 43 CFR 2310. (CA–180), 63 Natoma Street, Folsom, This meeting will be open to all California 95630. interested persons; those who desire to Notice of Meeting on Proposed FOR FURTHER INFORMATION CONTACT: John Withdrawal; Upper Colorado River be heard in person and those who desire Beck, BLM Folsom Field Office, 916– Special Recreation Management Area; to submit written comments on this 985–4474. Colorado subject. Please indicate if you want to SUPPLEMENTARY INFORMATION: speak so time can be scheduled. All On AGENCY: Bureau of Land Management, comments should be submitted to the December 3, 1997, a petition was Interior. Colorado State Director, Bureau of Land approved allowing the Bureau of Land ACTION: Notice of Public Meeting. Management, 2850 Youngfield Street, Management to file an application to Lakewood, Colorado 80215–7093, or withdraw the following described SUMMARY: This notice sets forth the David Atkins, Grand Junction Field public lands from location and entry schedule and agenda for a forthcoming Office, 2815 H Road, Grand Junction, under the United States mining laws, meeting for the Bureau of Land Colorado 81506. subject to valid existing rights: Management Upper Colorado River Mount Diablo Meridian, California Special Recreation Management Area Jenny L. Saunders, near Kremmling, Colorado. This Realty Officer. T. 11 N., R. 9 E., Sec. 10, NW1⁄4NW1⁄4 and S1⁄2; meeting will provide the opportunity for [FR Doc. 00–4057 Filed 2–18–00; 8:45 am] public involvement in this proposed Sec. 12, lots 1 to 9 inclusive, BILLING CODE 4310±JB±P NW1⁄4SE1⁄4NW1⁄4, and NW1⁄4NE1⁄4SE1⁄4. action as required by regulation. All Sec. 20, NE1⁄4SW1⁄4, N1⁄2SE1⁄4, SE1⁄4SE1⁄4. comments will be considered when a Sec. 28, SW1⁄4NW1⁄4 excluding Mineral final determination is made on whether DEPARTMENT OF THE INTERIOR Survey 5163, W1⁄2SW1⁄4, and SE1⁄4SW1⁄4. this land should be withdrawn. Sec. 30, lots 1 to 4 inclusive, SW1⁄4NE1⁄4, DATES: Meeting will be held on April 13, Bureau of Land Management SE1⁄4NW1⁄4, E1⁄2SW1⁄4, and SE1⁄4. 2000, at 7:00 p.m. All comments or Sec. 32, N1⁄2NE1⁄4, SW1⁄4NE1⁄4, W1⁄2, and [CA±180±1430±ET; CACA 41334] 1 1 requests to be heard should be received S ⁄2SE ⁄4. Notice of Proposed Withdrawal and T. 11 N., R. 10 E., by close of business on Friday, April 7, Sec. 18, lots 5, 6, and 7, and 2000, at the Colorado State Office, 2850 Opportunity for Public Meeting; 1 1 1 NW ⁄4NE ⁄4NW ⁄4. Youngfield Street, Lakewood, Colorado California Sec. 22, NW1⁄4SE1⁄4, SW1⁄4, and that 80215–7093, or David Atkins at the 1 1 AGENCY: Bureau of Land Management, portion of the E ⁄2NW ⁄4 excluding lots 1, Grand Junction Field Office, 2815 H 4, and 5. Interior. Road, Grand Junction, Colorado 81506. Sec. 26, SW1⁄4.P=’02’≤ ACTION: Notice. ADDRESSES: The meeting will be held at The areas described aggregate 2,238.49 the Grand County Fairgrounds, SUMMARY: The Bureau of Land acres, more or less, in El Dorado County. Extension Building, 210 11th Street, Management proposes to withdraw The purpose of the proposed Kremmling, Colorado 80459. 2,238.49 acres of public lands in El withdrawal is to assure long term FOR FURTHER INFORMATION CONTACT: Dorado County to protect the South protection and preservation of the Doris E. Chelius, BLM, in Denver at Fork of the American River. This notice riparian areas, wildlife habitat, scenic
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DEPARTMENT OF THE INTERIOR Superintendent, National Park Service, Commission) will be held at 1 p.m. on Coronado National Memorial, 4101 East Tuesday, March 7, at the National National Park Service Montezuma Canyon Road, Hereford, Building Museum, Room 312, 5th and F Arizona 85615. You may comment via Streets, NW., Washington, DC. General Management Plan, the Internet to The purpose of the meeting will be to Environmental Impact Statement, [email protected]. discuss currently authorized and Coronado National Memorial, Arizona Please submit Internet comments as an proposed memorials in the District of AGENCY: National Park Service, ASCII file avoiding the use of special Columbia and environs. Department of the Interior. characters and any form of encryption. In addition to discussing general Please also include ‘‘Attn: GMP Team’’ matters and routine business, the ACTION: Notice of intent to prepare an and your name and return address in Commission will review: environmental impact statement (EIS) your Internet message. If you do not (a) S. 1921 and H.R. 3292, bills to for the general management plan, receive a confirmation from the system authorize the placement, within the site Coronado National Memorial (NM). that we have received your Internet of the Vietnam Veterans memorial, of a SUMMARY: Under the provisions of the message, contact Superintendent James plaque to honor Vietnam veterans who National Environmental Policy Act of K. Bellamy directly at telephone (520) died after their service in the Vietnam 1969, the National Park Service is 366–5515 extension 21. Finally you may war, but as a direct result of that service. preparing an environmental impact hand-deliver your comments to park (b) H.R. 2879, a bill to provide for the statement for the general management headquarters, 4101 East Montezuma placement at the Lincoln Memorial of a plan (GMP) for Coronado NM. The Canyon Road, Hereford, Arizona. plaque commemorating the speech of Director, Intermountain Region will Scoping comments should be received Martin Luther King, Jr., known as the ‘‘I approve this statement. The planning no later than 60 days from the have Dream’’ speech. effort will result in a comprehensive publication of this Notice of Intent. Our The Commission will also continue general management plan that practice is to make comments, including deliberations of its review of the encompasses preservation of natural names and home addresses of Commemorative Works Act of 1986. respondents, available for public review and cultural resources, visitor use and This review was requested by the during regular business hours. interpretation, roads, and facilities. In Subcommittee on National Parks, Individual respondents may request that cooperation with local interests, Historic Preservation, and Recreation, we withhold their home addresses from attention will also be given to resources United States Senate Committee on the record, which we will honor to the outside the boundaries that affect the Energy and Natural Resources. The extent allowable by law. There also may integrity of Coronado NM. Alternatives Commission’s review is in conjunction be circumstances in which we would to be considered include no action, the with the National Capital Planning withhold from the record a respondent’s preferred alternative and other Commission/National Capital Memorial identity, as allowable by law. If you alternatives addressing the following Commission/Commission of Fine Arts wish us to withhold your name and/or major issues: Joint Task Force on Memorials which address, you must state this • How can the important natural and convened to coordinate the evaluation prominently at the beginning of your cultural resources be best protected and of the Act. comment. However, we will not preserved, while providing for visitor The Commission was established by consider anonymous comments. We use for present and future generations? Public Law 99–652, the Commemorative will make all submissions from • What level and type of use is Works Act, to advise the Secretary and organizations or businesses, and from appropriate to be consistent with the the Administrator, General Services individuals identifying themselves as memorial’s purpose, and to relate to the Administration, (the Administrator) on representatives or officials of memorial’s significance? policy and procedures for establishment organizations or businesses, available • What facilities are needed to meet of (and proposals to establish) for public inspection in their entirety. the mission goals of the memorial commemorative works in the District of FOR FURTHER INFORMATION CONTACT: regarding natural and cultural resource Columbia and its environs, as well as management, visitor use and Superintendent, National Park Service, such other matters as it may deem interpretation, partnerships, and Coronado National Memorial, appropriate concerning commemorative operations? Telephone: (520) 366–5515 extension works. The National Park Service is planning 21; Fax: (520) 366–5705. The Commission examines each to hold public scoping meetings Dated: February 10, 2000. memorial proposal for conformance to regarding the GMP during the week of Karen P. Wade, the Commemorative Works Act, and April 3rd. Specific dates, times, and Director, Intermountain Region, National makes recommendations to the locations will be announced in the local Park Service. Secretary and the Administrator and to media, and can be obtained by [FR Doc. 00–4052 Filed 2–18–00; 8:45 am] Members and Committees of Congress. contacting the park superintendent. The BILLING CODE 4310±70±P The Commission also serves as a source purpose of these meetings is to explain of information for persons seeking to the planning process and to obtain establish memorials in Washington, DC., comments concerning appropriate DEPARTMENT OF THE INTERIOR and its environs. resource management; desired visitor The members of the Commission are use, interpretation, and facilities; and National Park Service as follows:P=’02’≤ issues that need to be resolved. National Capital Memorial Director, National Park Service Comments: If you wish to submit Commission; Notice of Public Meeting Chairman, National Capital Planning issues or provide input to this initial Commission phase of developing the GMP, you may Notice is hereby given in accordance Architect of the Capitol do so by any one of several methods. In with the Federal Advisory Committee Chairman, American Battle Monuments addition to attending scoping meetings, Act that a meeting of the National Commission you may mail comments to Capital Memorial Commission (the Chairman, Commission of Fine Arts
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Mayor of the District of Columbia country. Approximately 5,000 (4) Affected public who will be asked Administrator, General Services applications are received for these or required to respond, as well as a brief Administration positions annually. abstract: Primary: Individuals or Secretary of Defense The responsibility for running these households. Other: None. This data The meeting will be open to the programs has been delegated by the collection is the only vehicle for the public. Any person may file with the Deputy Attorney General to the Director, Department of Justice (DOJ) to hire Commission a written statement Office of Attorney Personnel graduating law students. This concerning the matters to be discussed. Management (OAPM) pursuant to 28 application form is submitted Persons who wish to file a written CFR §§ 0.15(c) and 0.15(e). OAPM voluntarily, submitted only once a year statement or testify at the meeting or together with other Department of by students/judicial law clerks who will who want further information Justice representatives who make the be in this applicant pool only once; and concerning the meeting may contact Ms. ultimate hiring determinations have the information sought only relates to Nancy Young, Executive Secretary to developed these application booklets to the hiring criteria established as an the Commission, at (202) 619–7097. distribute information on the programs internal matter by DOJ personnel. (5) An estimate of the total number of Dated: February 14, 2000. and in turn collect the information they consider essential to make an informed respondents and the amount of time Terry R. Carlstrom, hiring decision on legal applicants. estimated for an average respondent to Regional Director, National Capital Region. Your comments should address one or respond: 5,000 respondents at 1 hour [FR Doc. 00–4053 Filed 2–18–00; 8:45 am] more of the following four points: per response. BILLING CODE 4310±70±M (1) Evaluate whether the proposed (6) An estimate of the total public collection of information is necessary burden (in hours) associated with the for the proper performance of the collection: 5,000 annual hours. DEPARTMENT OF JUSTICE functions of the agency, including If additional information is required whether the information will have contact Mr. Robert B. Briggs, Clearance Office of Attorney Personnel practical utility; Officer, United States Department of Management, Justice Management (2) Evaluate the accuracy of the Justice, Information Management and Division; Agency Information agencies’ estimate of the burden of the Security Staff, Justice Management Collection Activities; Extension of a proposed collection of information, Division, Suite 1220, 1331 Pennsylvania Currently Approved Collection; including the validity of the Avenue, NW, Washington, DC 20530. Comment Request methodology and assumptions used; Dated: February 16, 2000. (3) Enhance the quality, utility, and ACTION: Application booklets—Attorney Robert B. Briggs, General’s Honor Program, Summer Law clarity of the information to be Department Clearance Officer, Department of Intern Program. collected; and Justice. (4) Minimize the burden of the [FR Doc. 00–4105 Filed 2–18–00; 8:45 am] The Department of Justice, Justice collection of the information on those BILLING CODE 4410±26±M Management Division, Office of who are to respond, including through Attorney Personnel Management, has the use of appropriate automated, submitted the following information electronic, mechanical, or other DEPARTMENT OF JUSTICE collection request for review and technological collection techniques or clearance in accordance with the other forms of information technology, Drug Enforcement Administration Paperwork Reduction Act of 1995. The e.g., permitting electronic submission of proposed information collection is responses. Manufacturer of Controlled published to obtain comments from the Comments and/or suggestions Substances; Notice of Application public and affected agencies. Comments regarding the item(s) contained in this Pursuant to Section 1301.33(a) of Title are encouraged and will be accepted for notice, especially regarding the 21 of the Code of Federal Regulations sixty days until April 24, 2000. estimated public burden and associated (CFR), this is notice that on December Pursuant to 28 CFR 0.15(b)(2), the response time should be directed to the 30, 1999, B.I. Chemical, Inc., 2820 N. Deputy Attorney General of the United Office of Attorney Personnel Normandy Drive, Petersburg, Virginia States Department of Justice has the Management, U.S. Department of 23805, made application by letter to the responsibility of administering the Justice, Attn: Eleanor Barry, Room 3525, Drug Enforcement Administration ‘‘Attorney General’s recruitment 950 Pennsylvania Avenue, NW, (DEA) for registration as a bulk program for honor law graduates and Washington, DC 20530–0001. manufacturer of methadone- judicial law clerks.’’ This includes the Overview of this information intermediate (9254), a basic class of hiring of third-year law students and collection: controlled substance listed in Schedule judicial law clerks for full-time (1) Type of Information Collection: II. employment following graduation or Extension of a currently approved The firm plans to bulk manufacture completion of a clerkship, and primarily collection. methadone-intermediate for conversion second-year law students for summer (2) Title of the Form/Collection: into methadone. employment. This program has been in Application Booklets—Attorney Any other such applicant and any existence for 46 years, and is considered General’s Honor Program, Summer Law person who is presently registered with the Federal Government’s premier legal Intern Program. DEA to manufacture such substance recruitment program. The Department of (3) Agency form number, if any, and may file comments or objections to the Justice currently hires approximately the applicable component of the issuance of the proposed registration. 150–160 third-year law students/ Department of Justice sponsoring the Any such comments or objections judicial law clerks and 135 second-year collection: Form Number: None. Office may be addressed, in quintuplicate, to law students each year under these of Attorney Personnel Management, the Deputy Assistant Administrator, programs. The Department of Justice is Justice Management Division, U.S. Office of Diversion Control, Drug the largest legal employer in the Department of Justice. Enforcement Administration, United
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States Department of Justice, Drug Schedule affected agencies. Comments are Washington, D.C. 20537, Attention: DEA encouraged and will be accepted for Federal Register Representative (CCR), 1-Piperidinocyclo- II ‘‘thirty days’’ until March 23, 2000. The and must be filed no later than April 24, hexanecarbonitrile (8603). 60-day notice was previously published 2000. Codeine (9050) ...... II in the Federal Register on December 17, Dihydrocodeine (9120) ...... II 1999, allowing for a 60-day public Dated: February 11, 2000. Oxycodone (9143) ...... II John H. King, Hydromorphone (9150) ...... II comment period. No comments were received by the FBI or the Justice Deputy Assistant Administrator, Office of Benzoylecgonine (9180) ...... II Diversion Control, Drug Enforcement Ethylmorphine (9190) ...... II Department. Administration. Hydrocodone (9193) ...... II Written comments and suggestions [FR Doc. 00–4144 Filed 2–18–00; 8:45 am] Isomethadone (9226) ...... II from the public and affected agencies Meperidine (9230) ...... II concerning the proposed collection of BILLING CODE 4410±09±M Methadone (9250) ...... II information should address one or more Methadone intermediate (9254) ... II of the following four points: Dextropropoxyphene, bulk (non- II (1) Evaluate whether the proposed DEPARTMENT OF JUSTICE dosage forms) (9273). Morphine (9300) ...... II collection of information is necessary Drug Enforcement Administration Levo-Alphacetylmethadol (9648) .. II for the proper performance of the Oxymorphone (9652) ...... II functions of the agency, including Manufacturer of Controlled Fentanyl (9801) ...... II whether the information will have Substances; Notice of Application practical utility; Pursuant to Section 1301.33(a) of Title The firm plans to manufacture small (2) Evaluate the accuracy of the 21 of the Code of Federal Regulations quantities of the listed controlled agency’s estimate of the burden of the (CFR), this is notice that on November substances to produce standards for proposed collection of information; 23, 1999, Isotec, Inc., 3858 Benner Road, analytical laboratories. including the validity of the Any other such applicant and any Miamisburg, Ohio 45342, made methodology and assumptions used; person who is presently registered with application by renewal to the Drug (3) Enhance the quality, utility, and DEA to manufacture such substances Enforcement Administration (DEA) for clarity of the information to be may file comments or objections to the registration as a bulk manufacturer of collected; and issuance of the proposed registration. the basic classes of controlled (4) Minimize the burden of the Any such comments or objections substances listed below: collection of information on those who may be addressed, in quintuplicate, to are to respond, including through the Drug Schedule the Deputy Assistant Administrator, use of appropriate automated, Office of Diversion Control, Drug electronic, mechanical, or other Cathinone (1235) ...... I Enforcement Administration, United technological collection techniques or Methcathinone (1237) ...... I States Department of Justice, forms of information technology, e.g., N-Ethylamphetamine (1475) ...... I Washington, D.C. 20537, Attention: DEA permitting electronic submission of N,N-Dimethylamphetamine (1480) I Federal Register Representative (CCR), Aminorex (1585) ...... I responses. and must be filed no later than April 24, Overview of this information Methaqualone (2565) ...... I 2000. Lysergic acid diethylamide (7315) I collection: Tetrahydrocannabinols (7370) ..... I Dated: February 14, 2000. (1) Type of Information Collection: Mescaline (7381) ...... I John H. King, New collection. 2,5-Dimethoxyamphetamine I Deputy Assistant Administrator, Office of (2) Title of the Form/Collection: (7396). Diversion Control, Drug Enforcement Emergency Law Enforcement Services 3,4-Methylenedioxyamphetamine I Administration. Vulnerability. (7400). (3) Agency form number, if any, and 3,4-Methylenedioxy-N- I [FR Doc. 00–4145 Filed 2–18–00; 8:45 am] ethylamphetamine (7404). BILLING CODE 4410±09±M the applicable component of the 3,4- I Department of Justice sponsoring the Methylenedioxymethamphetam- collection: Form number 2–240. Federal ine (7405). DEPARTMENT OF JUSTICE Bureau of Investigation, FBI Academy. 4-Methoxyamphetamine (7411) ... I (4) Affected public who will be asked Psilocybin (7437) ...... I Federal Bureau of Investigation or required to respond, as well as a brief Psilocyn (7438) ...... I abstract: Primary: State and Local Law N-Ethyl-1-phenylcyclohexylamine I Agency Information Collection Enforcement Agencies. This form is (7455). Activities: New Collection; Comment used to collect feedback from state and Dihydromorphine (9145) ...... I Request Normorphine (9313) ...... I local law enforcement agencies Acetylmethadol (9601) ...... I ACTION: Notice of Information Collection regarding their infrastructure Alphacetylmethadol Except Levo- I Under Review; Emergency Law vulnerabilities. Alphacetylmethadol (9603). Enforcement Services Vulnerability; (5) An estimate of the total number of Normethadone (9635) ...... I New Collection. respondents and the amount of time 3-Methylfentanyl (9813) ...... I estimated for an average respondent to Amphetamine (1100) ...... II The Department of Justice, Federal respond: 3,200 responses at 30 minutes Methamphetamine (1105) ...... II Bureau of Investigation, has submitted (0.50) per response. Methylphenidate (1724) ...... II the following information collection (6) An estimate of the total public Amobarbital (2125) ...... II Pentobarbital (2270) ...... II request for review and clearance in burden (in hours) associated with the Secobarbital (2315) ...... II accordance with the Paperwork collection: 1,600.00 annual burden 1-Phenylcyclohexylamine (7460) II Reduction Act of 1995. The proposed hours. Phencyclidine (7471) ...... II information collection is published to If you have additional comments, Phenylacetone (8501) ...... II obtain comments from the public and suggestions, or need a copy of the
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(3) Agency form number, if any, and DEPARTMENT OF JUSTICE on this form will be used by the the applicable component of the Immigration and Naturalization Service Department of Justice sponsoring the Immigration and Naturalization Service to determine whether the applicant is collection: Form I–823, Inspections eligible for discretionary relief under Agency Information Collection Division, Immigration and section 212(c) of the Act. Activities; Comment Request Naturalization Service. (5) An estimate of the total number of respondents and the amount of time ACTION: (4) Affected public who will be asked Notice of Information Collection estimated for an average respondent to or required to respond, as well as a brief Under Review; Application for Advance respond: 300 responses at 15 minutes abstract: Primary: Individuals or Permission to Return to Unrelinquished (.25 hours) per response. Households. The information collected Domicile. (6) An estimate of the total public on this form will be used by the The Department of Justice, burden (in hours) associated with the Immigration and Naturalization Service Immigration and Naturalization Service collection: 150 annual burden hours. to determine eligibility for automated has submitted the following information If you have additional comments, inspections programs and to secure collection request for review and suggestions, or need a copy of the those data elements necessary to clearance in accordance with the proposed information collection confirm enrollment at the time of Paperwork Reduction Act of 1995. The instrument with instructions, or application for admission to the United Proposed information collection is additional information, please contact States. published to obtain comments from the Richard A. Sloan 202–514–3291, Director, Policy Directives and (5) An estimate of the total number of public and affected agencies. Comments Instructions Branch, Immigration and respondents and the amount of time are encouraged and will be accepted for Naturalization Service, U.S. Department estimated for an average respondent to ‘‘sixty days’’ until April 24, 2000. Written comments and suggestions of Justice, Room 5307, 425 I Street, NW., respond: 500,000 responses at 70 Washington, DC 20536. Additionally, minutes (1.166 hours) per response. from the public and affected agencies concerning the proposed collection of comments and/or suggestions regarding (6) An estimate of the total public information should address one or more the item(s) contained in this notice, burden (in hours) associated with the of the following four points: especially regarding the estimated collection: 583,000 annual burden (1) Evaluate whether the proposed public burden and associated response hours. collection of information is necessary time may also be directed to Mr. If you have additional comments, for the proper performance of the Richard A. Sloan. If additional information is required suggestions, or need a copy of the functions of the agency, including contact: Mr. Robert B. Briggs, Clearance whether the information will have proposed information collection Officer, United States Department of practical utility; instrument with instructions, or Justice, Information Management and (2) Evaluate the accuracy of the additional information, please contact Security Staff, Justice Management agencies estimate of the burden of the Richard A. Sloan, 202–514–3291, Division, Suite 850, Washington Center, proposed collection of information, Director, Policy Directives and 1001 G Street, NW., Washington, DC including the validity of the Instructions Branch, Immigration and 20530. Naturalization Service, U.S. Department methodology and assumptions used; Dated: February 16, 2000. of Justice, Room 5307, 425 I Street, NW., (3) Enhance the quality, utility, and Richard A. Sloan, Washington, DC 20536. Additionally, clarity of the information to be comments and/or suggestions regarding collected; and Department Clearance Officer, United States (4) Minimize the burden of the Department of Justice, Immigration and the item(s) contained in this notice, collection of information on those who Naturalization Service. especially regarding the estimated are to respond, including through the [FR Doc. 00–4104 Filed 2–18–00; 8:45 am] public burden and associated response use of appropriate automated, BILLING CODE 4410±10±M time may also be directed to Mr. electronic, mechanical, or other Richard A. Sloan. technological collection techniques or If additional information is required other forms of information technology, DEPARTMENT OF JUSTICE contact: Mr. Robert B. Briggs, Clearance e.g., permitting electronic submission of Officer, United States Department of responses. Immigration and Naturalization Service Justice, Information Management and Overview of this information AGENCY: Request OMB Emergency Security Staff, Justice Management collection: Approval; Application for Division, Suite 850, Washington Center, (1) Type of Information Collection: Naturalization. 1001 G Street, NW., Washington, DC Extension of a currently approved ACTION: Agency Information Collection 20530. collection. Activities: Proposed Collection; (2) Title of the Form/Collection: Comment Request Dated: February 16, 2000. Application for Advance Permission to Richard A. Sloan, Return to Unrelinquished Domicile. The Department of Justice, Department Clearance Officer, United States (3) Agency form number, if any, and Immigration and Naturalization Service Department of Justice, Immigration and the applicable component of the (INS) has submitted the following Naturalization Service. Department of Justice sponsoring the information collection request utilizing [FR Doc. 00–4103 Filed 2–18–00; 8:45 am] collection: Form 1–191. Adjudications emergency review procedures to the BILLING CODE 4410±10±M Division, Immigration and Office of Management and Budget Naturalization Service. (OMB) for review and clearance in (4) Affected public who will be asked accordance with the Paperwork or required to respond, as well as a brief Reduction Act of 1995. The INS has abstract: Primary: Individuals or determined that it cannot reasonably Households. The information collected comply with the normal clearance
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DEPARTMENT OF LABOR The petitioner also states that layoffs (UI) tax account for Stone Container at the subject firm were caused by a Corp., El Paso, Texas. Employment and Training reduced demand for services by the The intent of the Department’s Administration parent company. certification is to include all workers of Service workers may be certified for Smurfit-Stone Container Corp. who [TA±W±37,047] TAA only if there is a reduced demand were adversely affected by imports. for their services from a parent firm, a Accordingly, the Department is Marathon Ashland Pipe Line LLC firm otherwise related to the subject amending the certification to cover the Bridgeport, Illinois; Notice of Negative firm by ownership, or a firm related by workers of Smurfit-Stone Corp., also Determination Regarding Application control. Although there have been TAA known as Stone Container Corp., El for Reconsideration certifications for some Marathon Oil Paso, Texas. The amended notice applicable to By application dated December 16, Company workers, the subject firm did TA–W–36,947 is hereby issued as 1999, a representative for one of the not serve the locations under existing follows: petitioners (herein after referred to as certification. the petitioner) requested administrative Findings in the initial investigation All workers of Smurfit-Stone Container reconsideration of the Department’s but not elaborated on in the decision Corp., also known as Stone Container Corp., negative determination regarding document showed that worker El Paso, Texas who became totally or separations were the result of the sale of partially separated from employment on or eligibility for workers of the subject firm after September 27, 1998 through January 18, to apply for worker adjustment the subject firm assets to another 2002 are eligible to apply for adjustment assistance. The denial notice applicable company. assistance under Section 223 of the Trade Act to workers of Marathon Ashland Pipe Conclusion of 1974. Line LLC, transporting crude oil and Signed at Washington, DC this 11th day of petroleum products via pipeline in After review of the application and February, 2000. investigative finds, I conclude that there Bridgeport, Illinois, was signed on Grant D. Beale, December 2, 1999 and published in the has been no error or misinterpretation of the law or of the facts which would Program Manager, Division of Trade Federal Register on December 28, 1999 Adjustment Assistance. (64 FR 72691). justify reconsideration of the Department of Labor’s prior decision. [FR Doc. 00–4126 Filed 2–18–00; 8:45 am] Pursuant to 29 CFR 90.18(c) BILLING CODE 4510±30±M reconsideration may be granted under Accordingly, the application is denied. the following circumstances: Signed at Washington, D.C. this 11th day (1) If it appears on the basis of facts of February 2000. DEPARTMENT OF LABOR not previously considered that the Grant D. Beale, determination complained of was Program Manager, Division of Trade Employment and Training erroneous; Adjustment Assistance. Administration (2) if it appears that the determination [FR Doc. 00–4131 Filed 2–18–00; 8:45 am] Investigations Regarding Certifications complained of was based on a mistake BILLING CODE 4510±30±M in the determination of facts not of Eligibility To Apply for Worker previously considered; or Adjustment Assistance (3) if in the opinion of the Certifying DEPARTMENT OF LABOR Petitions have been filed with the Officer, a misinterpretation of facts or of Secretary of Labor under Section 221(a) Employment and Training the law justified reconsideration of the of the Trade Act of 1974 (‘‘the Act’’) and Administration decision. are identified in the Appendix to this The denial of TAA for workers of [TA±W±36,947] notice. Upon receipt of these petitions, Marathon Ashland Pipe Line LLC, the Director of the Division of Trade Bridgeport, Illinois, was based on the Smurfit-Stone Container Corp., A/K/A Adjustment Assistance, Employment finding that the workers provided a Stone Container Corp, El Paso, Texas; and Training Administration, has service and did not produce an article Amended Certification Regarding instituted investigations pursuant to as required by Section 222(3) of the Eligibility To Apply for Worker Section 221(a) of the Act. Trade Act of 1974, as amended. Adjustment Assistance The purpose of each of the The petitioner asserts that the workers investigations is to determine whether in Bridgeport were gaugers for the In accordance with Section 223 of the the workers are eligible to apply for subject firm and tested the oil before it Trade Act of 1974 (19 USC 2273) the adjustment assistance under Title II, could be transported into the pipeline. Department of Labor issued a Chapter 2, of the Act. The investigations The petitioner also asserts that the crude Certification of Eligibility to Apply for will further relate, as appropriate, to the oil acquisition department of Marathon Worker Adjustment Assistance on determination of the date on which total Oil Company (the parent company of January 18, 2000, applicable to workers or partial separations began or the subject firm) worked directly with of Smurfit-Stone Container Corp., El threatened to begin and the subdivision and set the perimeters for the Paso, Texas. The notice will be of the firm involved. acceptance or rejection of the crude oil. published soon in the Federal Register. The petitioners or any other persons The 1988 Omnibus Trade and At the request of the State agency, the showing a substantial interest in the Competitiveness Act amendments to the Department reviewed the certification subject matter of the investigations may Trade Act of 1974 extended coverage to for workers of the subject firm. The request a public hearing, provided such service workers engaged in exploration workers are engaged in the production request is filed in writing with the and drilling for crude oil and natural of non-corrugated folding boxes, a.k.a. Director, Division of Trade Adjustment gas. The same consideration cannot be paperboard. New information provided Assistance, at the address shown below, given to those workers engaged in by the State shows that some of the not later than March 3, 2000. employment related to the transmission claimants’ wages are being reported Interested persons are invited to of crude oil or natural gas after drilling. under the Unemployment Insurance submit written comments regarding the
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PETITIONS INSTITUTED ON 02/07/2000
Date of TA±W Subject firm (Petitioners) Location petition Product(s)
37,301 .... Western Moulding Co (Comp) ...... Snowflake, AZ ...... 01/28/2000 Raw Lumber. 37,302 .... Schmalbach Lubeca Plastic (Comp) ...... Novi, MI ...... 01/20/2000 Plastic Bottles. 37,303 .... Motor Coils Manufacturing (Wrks) ...... Emporium, PA ...... 01/18/2000 Rebuilt Traction Motor Armature and Coil. 37,304 .... Nova Bus (Wrks) ...... Roswell, NM ...... 01/11/2000 Busses. 37,305 .... Kemmer Prazision (Wrks) ...... Janesville, WI ...... 01/21/2000 Carbide Drills. 37,306 .... Ordocician Association (Comp) ...... Midland, TX ...... 01/21/2000 Provide Geologic and Engineering Info. 37,307 .... Vivid Publishing, Inc (Wrks) ...... Montoursville, PA ...... 01/19/2000 State Waterway Maps. 37,308 .... Tweco Products (Comp) ...... Wichita, KS ...... 01/28/2000 Welding Accessories. 37,309 .... Wharton Knitting/Rita (Comp) ...... Ridgewood, NY ...... 01/20/2000 Men's and Ladies' Sweaters. 37,310 .... Boyt Harness Co LLC (Wrks) ...... Arlington, SD ...... 01/18/2000 Gun Cases and Men's Hunting Sports- wear. 37,311 .... Gale River Designs (Wrks) ...... Franconia, NH ...... 01/26/2000 Ladies' Evening Dresses, Tops. 37,312 .... Florence Eiseman, Inc (Wrks) ...... Milwaukee, WI ...... 01/18/2000 Girls Dresses, Coats and Baby Clothes. 37,313 .... PacifiCorp (Wrks) ...... Portland, OR ...... 01/12/2000 Electricity. 37,314 .... Shell Chemical Co (Comp) ...... Apple Grove, WV ...... 01/12/2000 Polyester Resins. 37,315 .... Jantzen, Inc (Wrks) ...... Vancouver, WA ...... 01/25/2000 Swimwear. 37,316 .... Lower Umpqua Federal (Comp) ...... Reedsport, OR ...... 01/20/2000 Credit Union Services. 37,317 .... Sewell Clothing Co., Inc (Comp) ...... Bremen, GA ...... 01/26/2000 Men's Dress Pants. 37,318 .... Grifel and Lobel (Wrks) ...... New York, NY ...... 01/10/2000 Buttons. 37,319 .... Furon Co (Comp) ...... Laguna Niguel, CA ...... 01/17/2000 Develop and Mfr Highly Engineered Prod- ucts. 37,320 .... Coats American (Comp) ...... Bristol, RI ...... 01/07/2000 Industrial Sewing Thread. 37,321 .... Cedarbrook Mfg Corp (Wrks) ...... Philadelphia, PA ...... 01/29/2000 Decorative Metal Accent Furniture. 37,322 .... Herbert Grossman Ent. Inc (UNITE) ...... New York, NY ...... 01/26/2000 Ladies' Suits. 37,323 .... Durashield USA (Wrks) ...... Sunbury, OH ...... 01/28/2000 Baking Pans and Cookwear. 37,324 .... Williamson Co (The) (Wrks) ...... Fairfield, IL ...... 01/26/2000 Lumber. 37,325 .... Surrett International (Wrks) ...... Galesburg, IL ...... 01/24/2000 Plastic Pond Liners. 37,326 .... Monterey, Inc (UNITE) ...... Janesville, WI ...... 01/25/2000 Fake Fur Fabrics.
[FR Doc. 00–4124 Filed 2–18–00; 8:45 am] Interplast Universal Industries located expanded vinyl from foreign sources BILLING CODE 4510±30±M in Lodi, New Jersey, based on the during the time period relevant to the finding that the ‘‘contributed investigation. importantly’’ test of the worker group DEPARTMENT OF LABOR eligibility requirements of Section 222 Conclusion of the Trade Act of 1974, as amended, After careful review of the new facts Employment and Training was not met. The investigation revealed obtained on reconsideration, it is Administration that the company did not import, nor concluded that increased imports of [TA±W±36,623] where significant customer imports of expanded vinyl in the relevant time articles like or directly competitive with Interplast Universal Industries, Lodi, period. Some customers reported expanded vinyl produced by the subject New Jersey; Notice of Revised increased imports of finished articles firm contributed importantly to the Determination on Reconsideration produced with expanded vinyl. Imports decline in sales and to the total or of finished articles, however, cannot be partial separation of workers of the On December 6, 1999, the Department considered like or directly competitive subject firm. In accordance with the issued an Affirmative Determination with the expanded vinyl produced by provisions of the Trade Act of 1974. I Regarding Application for the Interplast Universal Industries make the following revised Reconsideration applicable to workers workers. determination: of the subject firm. The petitioners presented information that warranted The petitioners claim that the subject All workers of Interplast Universal further examination of imports of firm imported expanded vinyl from Industries, Lodi, New Jersey, who became articles competitive with the expanded India. The petitioners further add that a totally or partially separated from vinyl produced by workers of Interplast foreign source is supplying expanded employment on or after July 19, 1998, are Universal Industries. The notice was vinyl to former customers of Interplast eligible to apply for adjustment assistance published in the Federal Register on Universal Industries. under Section 223 of the Trade Act of 1974. December 23, 1999 (64 FR 72104). New information obtained on The Department initially denied TAA reconsideration revealed that the subject to workers producing expanded vinyl at did purchase indirect imports of
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Signed at Washington, DC, this 8th day of Under the Trade Act of 1974, the certification expired February 6, 1999. February, 2000. Department is required to examine To avoid an overlap in worker group Grant D. Beale, imports of articles like and directly coverage, the certification is being Program Manager, Division of Trade competitive with those produced by the amended to change the impact date Adjustment Assistance. workers of the firm. Workers of Mobile from October 18, 1998 to February 7, [FR Doc. 00–4127 Filed 2–18–00; 8:45 am] Energy Services Corporation were 1999, for workers of the subject firm. BILLING CODE 4510±30±M primarily engaged in the production of steam and electricity. Imports of pulp The amended notice applicable to and paper products or the raw materials TA–W–37,033 is hereby issued as DEPARTMENT OF LABOR used to reproduce these articles cannot follows: be considered like or directly All workers of United Technologies Employment and Training competitive with steam, electricity or Automotive, Inc., also known as Lear Administration the by-product, black-liquor as Corporation, Ceramic Avenue Plant, Zanesville, Ohio, who became totally or [TA±W±36,989] described by the petitioner. partially separated from employment on or Conclusion Mobile Energy Services Corporation, after February 7, 1999 through January 26, Mobile, Alabama; Notice of Negative After review of the application and 2002 are eligible to apply for adjustment Determination Regarding Application investigative findings, I conclude that assistance under Section 223 of the Trade Act for Reconsideration there has been no error or of 1974. misinterpretation of the law or of the By application dated December 27, facts which would justify Signed at Washington, DC, this 11th day of 1999, a representative for the company reconsideration of the Department of February, 2000. (herein after referred to as the Labor’s prior decision. Accordingly, the Grant D. Beale, petitioner) requested administrative application is denied. Program Manager, Office of Trade reconsideration of the Department’s Signed at Washington, D.C. this 11th day Adjustment Assistance. negative determination regarding of February 2000. [FR Doc. 00–4128 Filed 2–18–00; 8:45 am] eligibility for workers of the subject firm Grant D. Beale, BILLING CODE 4510±30±M to apply for worker adjustment Program Manager, Division of Trade assistance. The denial notice applicable Adjustment Assistance. to workers of Mobile Energy Services [FR Doc. 00–4129 Filed 2–18–00; 8:45 am] DEPARTMENT OF LABOR Corporation producing electricity, steam BILLING CODE 4510±30±M and chemicals in Mobile, Alabama, was Employment and Training signed on November 4, 1999 and Administration published in the Federal Register on DEPARTMENT OF LABOR December 28, 1999 (64 FR 72691). [NAFTA±03689 and NAFTA±03689A] Pursuant to 29 CFR 90.18(c) Employment and Training reconsideration may be granted under Administration Victor Equipment Company, Division the following circumstances: [TA±W±37,033] of Thermadyne Holdings Corporation, (1) If it appears on the basis of facts Denton, Texas and Victor Equipment not previously considered that the United Technologies Automotive, Inc., Company, Division of Thermadyne determination complained of was A/K/A Lear Corporation, Ceramic Holdings Corporation, Abilene Texas; erroneous; Avenue Plant, Zanesville, Ohio; Notice of Termination of Investigation (2) If it appears that the determination Amended Certification Regarding complained of was based on a mistake Eligibility To Apply for Worker Pursuant to Title V of the North in the determination of facts not Adjustment Assistance American Free Trade Agreement previously considered; or (3) If in the opinion of the Certifying In accordance with Section 223 of the Implementation Act (P.L. 103–182) Officer, a misinterpretation of facts or of Trade Act of 1974 (19 U.S.C. 2273) the concerning transitional adjustment the law justified reconsideration of the Department of Labor issued a Notice of assistance, hereinafter called (NAFTA– decision. Certification Regarding Eligibility to TAA), and in accordance with Section The negative TAA determination for Apply for Worker Adjustment 250(a), Subchapter D, Chapter 2, Title II, workers of the subject firm was issued Assistance on January 26, 2000, of the Trade Act of 1974, as amended based on the finding that criterion (3) of applicable to workers of United (19 U.S.C. 2273), an investigation was Section 222 of the Trade Act of 1974 Technologies Automotive, Inc., a/k/a initiated on January 28, 2000 in was not met. Declines in employment at Lear Corporation, Zanesville, Ohio. The response to a petition filed on behalf of the subject firm were attributed to the notice will be published soon in the workers at Victor Equipment Company, closure of the pulp mill to which the Federal Register. Division of Thermadyne Holdings subject firm provided the power source. At the request of the State agency, the Corporation, Denton, Texas (NAFTA– The workers at the pulp mill were Department reviewed the certification 3689), and Victor Equipment Company, certified eligible to apply for TAA. for workers of the subject firm. The Division of Thermadyne Holdings The petitioner claims that the energy workers produce electrical wiring Corporation, Abilene, Texas (NAFTA– recovery couplex at the plant provided harnesses for automobiles. New findings 3689A). both electricity and steam produced show that there was a previous from fuel derived from the pulp certification, TA–W–33,043, issued on In a letter dated February 3, 2000, the operations and provided material to be February 6, 1997, for workers of United petitioner requested that the petition for reused in the paper-making process. As Technologies, Zanesville, Ohio, who NAFTA–TAA be withdrawn. such, the petitioner asserts that the were engaged in employment related to Consequently, further investigation in energy recovery was an integrated part the production of electrical wiring this case would serve no purpose, and of the manufacturing process. harnesses for automobiles. That the investigation has been terminated.
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Signed at Washington, DC, this 10th day of 1999 (FR 99 Program) program. This since there is no information on the DD Form February, 2000. program will be ongoing. Consequently, 214 that indicates separation from active Grant D. Beale, UIPL No. 3–95 Change 3 was duty under the ANGCRI program, the SESA Program Manager, Division of Trade transmitted to all SEASs to amend the must require the ex-servicemember to Adjustment Assistance. provide it with ‘‘Orders to Report’’ and consolidated list of narrative reasons for ‘‘Orders of Release’’ or ‘‘Orders to Report’’ [FR Doc. 00–4125 Filed 2–18–00; 8:45 am] separation transmitted to all SEASs in containing an endorsement of release which BILLING CODE 4510±30±M UIPL 3–95 Change 2. contain information that the servicemember Dated: February 15, 2000. was discharged under the ANGCRI program. The contents of this directive will also be Raymond L. Bramucci, DEPARTMENT OF LABOR issued as a Change 19 to ET Handbook No. Assistant Secretary of Labor. 384, Second Edition. Employment and Training U.S. Department of Labor, Employment and 5. Effective Date. The amendment to the Administration Training Administration, Washington, D.C. consolidated list of ‘‘acceptable’’ narrative 20210 reasons for separation contained in this Unemployment Compensation for Ex- Change 3 to UIPL 3–95 shall be effective for servicemembers (UCX) Program: Classification: UI all initial claims filed on and after the date Unemployment Insurance Program Correspondence Symbol: TEUPDI of this directive. However, where State law Letter Amending the Consolidated List permits, monetary determination or Date: February 17, 2000 redetermination must be issued when a of ``Acceptable'' Narrative Reasons for claimant requests a determination or Separation Transmitted in UIPL No. 3± Directive: Unemployment Insurance Program Letter No. 3–95, Change 3 redetermination on a new or previously 95, Change 2 To Include Separations To: All State Employment Security Agencies denied claim or files an additional or From the Army Under the Army From: Grace A. Kilbane, Administrator, renewed claim for benefits. Any National Guard Combat Reform Office of Workforce Security determination or redetermination of Initiative Program Subject: UCX Narrative Reasons for monetary eligibility must be based on the list Separation from Military Service of ‘‘acceptable’’ narrative reasons for ETA has responsibility for 1. Purpose. to amend the consolidated list separation attached to this Change 3 of UIPL administration of the UCX program, of ‘‘acceptable’’ narrative reasons for 3–95. providing unemployment compensation separation transmitted in Unemployment Determinations or redeterminations benefits for ex-servicemembers. ETA Insurance Program Letter (UIPL) No. 3–95 required by this Change 3 to UIPL 3–95 may issues interpretations affecting the UCX and UIPL No. 3–95, Changes 1 and 2 to result in the payment of benefits for program in Unemployment Insurance include separations from the Army under the retroactive weeks of unemployment to ex- Army National Guard Combat Reform servicemembers separated under the ANGCRI Program Letters (UIPLs) to the State program. The reason for this is that the Employment Security Agencies Initiative (ANGCRI) program. 2. References. UIPL No. 3–95; UIPL No. 3– category of servicemembers separated under (SESAs). The UIPL described below is the ANGCRI program (which fits within the published in the Federal Register in 95, Changes 1 and 2; 5 U.S.C. 8521(a)(1); 20 CFR Part 614; Section 1111 of P.L. 102–484; scope of discharges for the convenience of order to inform the public. and Section 514 of P.L. 104–106. the government under an early release program) was inadvertently left off the list of UIPL 9–95, Change 3 3. Background. The Department of the Army recently notified the Department of narrative reasons for separation issued with To be eligible for UCX, an ex- Labor (DOL) of an ongoing program, UIPL 3–95, Change 2. servicemember must, among other ANGCRI, under which Congress directed the 6. Action Required. SESAs are required to: requirements, meet the definition of Army to release early at least 150 lieutenants a. Distribute the contents of this directive ‘‘Federal service.’’ This requires that the each year so they can serve the remainder of and the attachment to all appropriate staff members. servicemember be separated under their active duty obligation in the National Guard. This program started with separations b. Destroy the Attachment to UIPL 3–95 honorable conditions and have Change 2 and utilize the Attachment to this completed a first full term of service. If occurring May 1, 1998, through September 30, 1998 (FY 98 Program) and May 1, 1999, Change 3 to UIPL 3–95. separated before completing the first full through September 30, 1999, (FY 99 c. Announce in a newspaper of general term, the separation must be for, among Program). This program will be ongoing circulation, and in other appropriate media other reasons, ‘‘the convenience of the every year. The narrative reason such as veterans publications, the application Government under an early release ‘‘Miscellaneous/General Reasons’’ is used on of the operating instructions contained in program.’’ DD Forms 214 of those lieutenants separating this directive and their effect on UCX The Department of Labor was recently from active duty before completing their first eligibility. The announcements shall include notified by the Department of the Army full term under this program. However, there mention of the authority under 20 CFR 614.9(a) to issue determinations or of an ongoing program called the Army is no other information on these lieutenants’ DD Forms 214 to indicate that they are redeterminations. National Guard Combat Reform 7. Inquiries. Direct inquiries to the Initiative (ANGCRI). It is an early separated under the ANGCRI program. 4. Instructions. DOL has determined that appropriate Regional Office. release program for the convenience of 8. Attachment. Revised List of separations under the ANGCRI program are ‘‘Acceptable’’ Narrative Reasons for the Government mandated by Congress for the convenience of the government under Separation Meeting the Requirements of 5 that directs the Army to release at least an early release/force reduction program. U.S.C. 8521(a)(1)(B)(ii)(I)–(IV). 150 lieutenants each year so they can Thus, Army lieutenants separated from active serve the remainder of their active duty duty under this program meet the definition Attachment obligation in the National Guard. The of ‘‘Federal service’’ under 5 U.S.C. Narrative Reasons for Separation narrative reason, Miscellaneous/General 8521(a)(1)(B)(ii)(I). Separations under the Reasons, is used on DD Forms 214 for ANGCRI program occurred between May 1, ‘‘Acceptable’’ Narrative Reasons for 1998, through September 30, 1998, and May Separation Meeting the Requirements of 5 those lieutenants who separate from U.S.C. 8521(a)(1)(B)(ii)(I)–(IV). active duty before completing their first 1, 1999, through September 30, 1999, and they will continue every year thereafter for For the convenience of the government full term under the ANGCRI program. the May 1 through September 30 period. Item under an early release program (5 U.S.C. The program started with separations (Block) 28 ex-servicemembers DD Forms 214 8521(a)(1)(b)(ii)(I)): occurring May 1, 1999, through separated under the ANGCRI program will Medal of Honor Recipient September 30, 1998 (FY 98 Program), contain the narrative reason for separation Completion of Required Active Service and May 1, 1999, through September 30, ‘‘Miscellaneous/General Reasons.’’ However, Insufficient Retainability (Economic Reasons)
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Reduction in Force Where State law permits, new eligibility • Evaluate whether the proposed To Attend School determinations must be issued when: (1) a collection of information is necessary Holiday Early Release Program claimant requests a determination or for the proper performance of the Defective Enlistment Agreement redetermination on a new or previously functions of the agency, including Erroneous Entry (Other) denied claim, or files an additional or Intradepartmental Transfer* renewed claim for benefits, and (2) the whether the information will have Miscellaneous/General Reasons* *(see below) practical utility; claimant’s military service is recent enough • Because of medical disqualification, to support a current claim for unemployment Evaluate the accuracy of the pregnancy, parenthood, or Service-incurred benefits. agency’s estimate of the burden of the injury or disability (5 U.S.C. However, benefits payable based upon a proposed collection of information, 8521(a)(1)(B)(ii)(II)): narrative reason for separation that DOL has including the validity of the Pregnancy or Childbirth determined constitutes ‘‘inaptitude’’ will be methodology and assumptions used; Parenthood or Custody of Minor Children payable only for weeks of unemployment • Enhance the quality, utility, and Conditions, not Disability beginning after November 10, 1998. clarity of the information to be Disability, Severance Pay [FR Doc. 00–4133 Filed 2–18–00; 8:45 am] collected; and Disability, Permanent • Disability, Temporary BILLING CODE 4510±30±M Minimize the burden of the Disability, Existed Prior to Service, PEB collection of information on those who Disability, Existed Prior to Service, Med BD are to respond, including through the Disability, Aggravated DEPARTMENT OF LABOR use of appropriate automated, Disability, Other electronic, mechanical, or other Because of hardship (5 U.S.C. Occupational Safety and Health technological collection techniques or 8521(a)(1)(B)(ii)(III)): Administration other forms of information technology, Surviving Member e.g., permitting electronic submissions Hardship [Docket No. ICR 1218±0007 2000] of responses. Because of personality disorders or ADDRESSES: inaptitude, but only if the service was Proposed Information Collection Comments are to be continuous for 365 days or more (5 U.S.C. Request Submitted for Public submitted to the Docket Office, Docket 8521(a)(1)(B)(ii)(IV)): Comment and Recommendations; No. ICR 1218–0007 2000, U.S. Personality Disorder Reporting of Fatality or Multiple Department of Labor, Room N–2625, The following are narrative reasons for Hospitalization Incidents (1218±0007) 200 Constitution Avenue, NW, separation that DOL has determined Washington, D.C. 20210, telephone: constitute ‘‘inaptitude’’ within the meaning ACTION: Notice. (202) 693–2350. Written comments of 5 U.S.C. 8521(a)(1)(b)(ii)(IV): limited to 10 pages or less in length may Conscientious Objector SUMMARY: The Department of Labor, as also be transmitted by facsimile to (202) Weight Control Failure part of its continuing effort to reduce 693–1648. Ecclesiastical Endorsement paperwork and respondent burden, FOR FURTHER INFORMATION CONTACT: Secretarial Authority conducts a preclearance consultation Physical Standards Dave Schmidt, Directorate of Erroneous Entry, Alcohol Abuse program to provide the general public Information Technology, Office of Erroneous Entry, Drug Abuse and Federal agencies with an Statistics, Occupational Safety and Non-selection, Permanent Promotion opportunity to comment on proposed Health Administration, U.S. Department Non-selection, Temporary Promotion and/or continuing collections of of Labor, Room N3644, 200 Constitution Failure to Complete a Commission or information in accordance with the Avenue, NW, Washington, DC 20210, Warrant Program Paperwork Reduction Act of 1995 (PRA telephone: (202) 693–1886. Copies of Failure to Complete a Course of Instruction 95) [44 U.S.C. 3506(c)(2)(A)]. This the referenced information collection Unsatisfactory Performance program helps to ensure that requested Substandard Performance request are available for inspection and Personal Alcohol Abuse data can be provided in the desired copying in the Docket Office and will be Alcohol Rehabilitation Failure format, reporting burden (time and mailed to persons who request copies by Drug Rehabilitation Failure financial resources) is minimized, telephoning Dave Schmidt at (202) 693– Military Personnel Security Program collection instruments are clearly 1886 or Todd Owen at (202) 693–2444. Homosexual Admission understood, and impact of collection Contact OSHA’s WebPage on the Homosexual Act requirements on respondents can be Internet at http://www.osha-slc.gov/ Non-retention on Active Duty properly assessed. Currently, the OCIS/Infolcoll.html for electronic Effective Date: The narrative reasons for Occupational Safety and Health copies of the Reporting of Fatality or separation that the Department of Labor Administration (OSHA) is soliciting (DOL) has determined constitute Multiple Hospitalization Incidents ‘‘inaptitude’’ within the meaning of 5 U.S.C. comments concerning the proposed information collection request. 8521(a)(1)(B)(ii)(IV), listed above, shall be extension of approval for the paperwork SUPPLEMENTARY INFORMATION: effective for all initial claims filed on and requirements of 29 CFR 1904.8, after the November 10, 1998, issuance date of Reporting of Fatality or Multiple I. Background UIPL No. 3–95, Change 2. Hospitalization Incidents. A copy of the OSHA promulgated regulation 29 CFR proposed information collection request 1904.8 which currently requires * Effective for separations on or after September (ICR) can be obtained by contacting the 1, 1994. employers to report any death of an ADDRESS ** Pertaining only to Army Lieutenants’ office listed below in the employee from a work related incident separations under the ANGCRI program occurring section of this notice. or the in-patient hospitalization of three May 1, 1998 through September 30, 1998 and May DATES: Written comments must be or more employees as a result of a work 1, 1999 through September 30, 1999, and every year thereafter for the May 1 through September 30 submitted to the office listed below in related incident to OSHA within 8 period. Also requires ‘‘Orders to Report’’ and the ADDRESS section on or before April hours. OSHA investigates such ‘‘Orders of Release’’ or ‘‘Orders to Report’’ 24, 2000. incidents in order to provide the Agency containing an endorsement of release to be The Department of Labor is with information on the causes of presented to the SESA indicating the servicemember was discharged under the ANGCRI particularly interested in comments employment fatalities and serious program. which: injuries, to identify and require
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NRC EXPORT LICENSE APPLICATION
Name of applicant Description of material Date of application Country of Date received destination Application No. Material type Total Qty. End use
Bayou Steel Corp., October 6, Radioactive waste Class A 70.73 tons of arc furnace dust For disposal at Stablex Can- Canada. 1999, January 24, 2000, mixed hazardous waste. containing <1300 pCi/g Ce- ada, Inc.. XW004. sium-137.
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For the Nuclear Regulatory Commission. NUCLEAR REGULATORY and is only evident in three recent Dated this 15th day of February 2000 at COMMISSION partial-closure tests. The situation was Rockville, Maryland. unavoidable considering the past [Docket No. 50±271] Ronald D. Hauber, reliable performance of the MSIVs and Deputy Director, Office of International Vermont Yankee Nuclear Power their pneumatic actuators. The subject Programs. Corporation; Notice of Consideration test pilot valve was refurbished in 1998 [FR Doc. 00–4082 Filed 2–18–00; 8:45 am] of Issuance of Amendment to Facility as part of scheduled preventive BILLING CODE 7590±01±P Operating License, Proposed No maintenance on the MSIV pneumatic Significant Hazards Consideration actuator unit. Again, prior to January 17, Determination, and Opportunity for a 2000, VY had no indication of NUCLEAR REGULATORY Hearing degradation of the suspected test pilot COMMISSION valve. The U.S. Nuclear Regulatory Before issuance of the proposed Commission (the Commission) is [Docket Nos. STN 50±454 and STN 50±455] license amendment, the Commission considering issuance of an amendment will have made findings required by the Commonwealth Edison Company, to Facility Operating License No. DPR– Atomic Energy Act of 1954, as amended Byron Station, Units 1 and 2; Notice of 28 issued to Vermont Yankee Nuclear (the Act) and the Commission’s Withdrawal of Application for Power Corporation (the licensee) for regulations. Amendments to Facility Operating operation of the Vermont Yankee Pursuant to 10 CFR 50.91(a)(6) for Licenses Nuclear Power Station (VY) located in amendments to be granted under Vernon, Vermont. exigent circumstances, the NRC staff The U.S. Nuclear Regulatory The proposed amendment would must determine that the amendment Commission (the Commission) has delete the requirement to exercise main request involves no significant hazards granted the request of Commonwealth steam isolation valves (MSIVs) twice consideration. Under the Commission’s Edison Company (ComEd, the licensee) weekly by partial closure and regulations in 10 CFR 50.92, this means to withdraw its October 16, 1997, subsequent re-opening. The quarterly that operation of the facility in application for proposed amendments to full-stroke testing TS requirements are accordance with the proposed Facility Operating Licenses Nos. NPF– retained. amendment would not (1) involve a 37 and NPF–66 for the Byron Station, Beginning with partial closure testing significant increase in the probability or Unit Nos. 1 and 2, located in Ogle performed on January 17, 2000, MSIV consequences of an accident previously County, Illinois. 80–C has exhibited slower than normal evaluated; or (2) create the possibility of The proposed amendments would re-opening time during the test. Closing a new or different kind of accident from have revised the license of Byron, Unit times and the quarterly full stroke any accident previously evaluated; or 1, to incorporate an exemption from 10 testing of this MSIV in accordance with (3) involve a significant reduction in a CFR 70.24(a) consistent with the Unit 2 the inservice testing (IST) program have margin of safety. As required by 10 CFR license. The Unit 2 license would have been acceptable. However, the re- 50.91(a), the licensee has provided its been amended accordingly. opening time has continued to be erratic analysis of the issue of no significant The Commission had previously since the January 17 test and is trending hazards consideration, which is issued a Notice of Consideration of up (i.e., taking longer to re-open). This presented below: is evidenced by two other tests Issuance of Amendments published in 1. The operation of Vermont Yankee the Federal Register on April 22, 1998 indicating slower than expected re- opening times. If the MSIV were to fail Nuclear Power Station in accordance with (63 FR 19966). However, by letter dated the proposed amendment will not involve a January 6, 2000, the licensee withdrew to re-open and continue closing, a plant significant increase in the probability or the proposed changes. transient could result. Therefore, the consequences of an accident previously licensee stated that exigent For further details with respect to this evaluated. circumstances exist because continued The frequency of MSIV testing is not action, see the application for partial-closure testing of inboard MSIV assumed to be an initiator of any analyzed amendments dated October 16, 1997, 80-C has the potential to induce an event. This change will not alter the basic and the licensee’s letter dated January 6, operational transient, considering the operation of process variables, structures, 2000, which withdrew the application probable degraded condition of its test systems, or components as described in the for license amendments. The above safety analyses. The twice-weekly exercise of pilot valve. The test pilot valve is not documents are available for public MSIVs is not intended to verify the safety used to test the safety function of the inspection at the Commission’s Public function of the MSIVs. The safety function MSIV; its use is required to perform the Document Room, the Gelman Building, testing will continue to be conducted during twice-weekly partial closure exercise of the quarterly, full-stroke fast closure MSIV 2120 L Street, NW., Washington, DC, the MSIV. test. However, eliminating unnecessary and accessible electronically through Prior to January 17, 2000, there was testing of the MSIVs may reduce the the ADAMS Public Electronic Reading no indication of degradation of MSIV probability of occurrence of an inadvertent Room link at the NRC Web site (http:/ partial-closure testing performance. A valve closure that could lead to a plant /www.nrc.gov). transient condition. review of inservice testing data for all Deleting the twice-weekly MSIV test is not Dated at Rockville, Maryland, this 15th day MSIVs since 1996 indicates all MSIVs considered to have any measurable effect on of February 2000. have met acceptance criteria relative to the reliability of the MSIVs to perform their For the Nuclear Regulatory Commission. demonstrating isolation (full closure) safety function; therefore, the mitigating George F. Dick, Jr., times within 3–5 seconds as required by function of the MSIVs is maintained. The Sr. Project Manager, Section 2, Project Technical Specifications and assumed consequences of accidents previously Directorate III, Division of Licensing Project in accident analyses. The licensee could evaluated will not be affected by this change because the surveillances to test MSIVs in Management, Office of Nuclear Reactor not have anticipated the need for accordance with the IST [inservice testing] Regulation. processing this change under 10 CFR program and Section XI of the ASME Code [FR Doc. 00–4081 Filed 2–18–00; 8:45 am] 50.91(a)(6) since the circumstance will still be performed, assuring that MSIVs BILLING CODE 7590±01±P described above is recently occurring will perform their intended safety function.
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Since reactor operation with the deleted The Commission is seeking public Public Electronic Reading Room link at surveillance specification is fundamentally comments on this proposed the NRC Web site (http://www.nrc.gov). unchanged, no design or analytical determination. Any comments received If a request for a hearing or petition for acceptance criteria will be exceeded. As within 14 days after the date of leave to intervene is filed by the above such, this change does not impact initiators of analyzed events nor assumed mitigation of publication of this notice will be date, the Commission or an Atomic design basis accident or transient events. considered in making any final Safety and Licensing Board, designated These changes do not affect the initiation determination. by the Commission or by the Chairman of any event, nor do they negatively impact Normally, the Commission will not of the Atomic Safety and Licensing the mitigation of any event. Therefore, the issue the amendment until the Board Panel, will rule on the request proposed changes do not involve a expiration of the 14-day notice period. and/or petition; and the Secretary or the significant increase in the probability or However, should circumstances change designated Atomic Safety and Licensing consequences of an accident previously during the notice period, such that Board will issue a notice of hearing or evaluated. failure to act in a timely way would an appropriate order. 2. The operation of Vermont Yankee result, for example, in derating or As required by 10 CFR 2.714, a Nuclear Power Station in accordance with the proposed amendment will not create the shutdown of the facility, the petition for leave to intervene shall set possibility of a new or different kind of Commission may issue the license forth with particularity the interest of accident from any accident previously amendment before the expiration of the the petitioner in the proceeding, and evaluated. 14-day notice period, provided that its how that interest may be affected by the The proposed change does not affect any final determination is that the results of the proceeding. The petition parameters or conditions that could amendment involves no significant should specifically explain the reasons contribute to the initiation of an accident. hazards consideration. The final why intervention should be permitted The proposed change does not involve a determination will consider all public with particular reference to the physical alteration of the plant (no new or and State comments received. Should following factors: (1) The nature of the different type of equipment will be installed). No new accident modes are created since the the Commission take this action, it will petitioner’s right under the Act to be manner in which the plant is operated is publish in the Federal Register a notice made a party to the proceeding; (2) the fundamentally unchanged. This change to of issuance. The Commission expects nature and extent of the petitioner’s surveillance requirements does not affect the that the need to take this action will property, financial, or other interest in design or function of safety-related occur very infrequently. the proceeding; and (3) the possible equipment, nor does it eliminate testing to Written comments may be submitted effect of any order which may be verify a safety function. Therefore, the by mail to the Chief, Rules and entered in the proceeding on the proposed changes will not create the Directives Branch, Division of petitioner’s interest. The petition should possibility of a new or different kind of Administrative Services, Office of also identify the specific aspect(s) of the accident from any accident previously evaluated. Administration, U.S. Nuclear Regulatory subject matter of the proceeding as to 3. The operation of Vermont Yankee Commission, Washington, DC 20555– which petitioner wishes to intervene. Nuclear Power Station in accordance with 0001, and should cite the publication Any person who has filed a petition for the proposed amendment will not involve a date and page number of this Federal leave to intervene or who has been significant reduction in a margin of safety. Register notice. Written comments may admitted as a party may amend the Testing the MSIVs by full stroke closure on also be delivered to Room 6D59, Two petition without requesting leave of the a quarterly basis is adequate to maintain White Flint North, 11545 Rockville Board up to 15 days prior to the first reliability of the MSIVs to perform their Pike, Rockville, Maryland, from 7:30 prehearing conference scheduled in the safety function. This has been demonstrated a.m. to 4:15 p.m. Federal workdays. proceeding, but such an amended through industry operating experience. Since Copies of written comments received frequency or method of MSIV testing is not petition must satisfy the specificity specifically considered in any safety analysis, may be examined at the NRC Public requirements described above. current safety analysis assumptions are being Document Room, the Gelman Building, Not later than 15 days prior to the first maintained. The reduction in testing from a 2120 L Street, NW., Washington, DC. prehearing conference scheduled in the twice-weekly exercise (partial closure and re- The filing of requests for hearing and proceeding, a petitioner shall file a opening) while maintaining the quarterly petitions for leave to intervene is supplement to the petition to intervene full-stroke test is adequate to maintain the discussed below. which must include a list of the reliability of this safety function while By March 23, 2000, the licensee may contentions which are sought to be reducing unnecessary valve wear and the file a request for a hearing with respect litigated in the matter. Each contention potential for inducing an inadvertent to issuance of the amendment to the must consist of a specific statement of transient. Consequently, margins of safety are subject facility operating license and the issue of law or fact to be raised or maintained. any person whose interest may be There is no impact on equipment design or controverted. In addition, the petitioner operation, and there are no changes being affected by this proceeding and who shall provide a brief explanation of the made to safety limits or safety system settings wishes to participate as a party in the bases of the contention and a concise that would adversely affect plant safety proceeding must file a written request statement of the alleged facts or expert because of the proposed changes. Since the for a hearing and a petition for leave to opinion which support the contention changes have no effect on any safety analysis intervene. Requests for a hearing and a and on which the petitioner intends to assumption or initial condition, the margins petition for leave to intervene shall be rely in proving the contention at the of safety in the safety analyses are filed in accordance with the hearing. The petitioner must also maintained. Commission’s ‘‘Rules of Practice for provide references to those specific The NRC staff has reviewed the Domestic Licensing Proceedings’’ in 10 sources and documents of which the licensee’s analysis and, based on this CFR Part 2. Interested persons should petitioner is aware and on which the review, it appears that the three consult a current copy of 10 CFR 2.714 petitioner intends to rely to establish standards of 10 CFR 50.92(c) are which is available at the Commission’s those facts or expert opinion. Petitioner satisfied. Therefore, the NRC staff Public Document Room, the Gelman must provide sufficient information to proposes to determine that the Building, 2120 L Street, NW., show that a genuine dispute exists with amendment request involves no Washington, DC, and accessible the applicant on a material issue of law significant hazards consideration. electronically through the ADAMS or fact. Contentions shall be limited to
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NUCLEAR REGULATORY consideration only for comments promulgated thereunder,2 to withdraw COMMISSION received on or before this date. its FELINE PRIDES (‘‘PRIDES’’) from ADDRESSES: Mail written comments to listing and registration on the New York Draft Final Technical Study of Spent Chief, Rules and Directives Branch, Stock Exchange, Inc. (‘‘NYSE’’ or Fuel Pool Accident Risk at Division of Administrative Services, ‘‘Exchange’’). Decommissioning Nuclear Power Office of Administration, U. S. Nuclear The PRIDES were issued by the Plants Regulatory Commission, Washington, Company and its wholly owned DC 20555–0001. Comments may also be subsidiary, AHL Financing, a Delaware AGENCY: Nuclear Regulatory business trust, and were listed for Commission. sent electronically by completing the online comment form available on the trading on the NYSE pursuant to a ACTION: Request for public comments. NRC Internet web page at the address registration statement on Form 8–A below. Comments may also be hand which became effective on June 23, SUMMARY: The Nuclear Regulatory delivered to Room 6D59, Two White 1997. Trading in the PRIDES Commission (NRC) is soliciting public Flint North, 11555 Rockville Pike, commenced on the NYSE at the opening comment on the ‘‘Draft Final Technical Rockville, Maryland, between 7:30 a.m. of business on June 24, 1997, subject to Study of Spent Fuel Pool Accident Risk and 4:15 p.m. on Federal workdays. official notice of issuance. at Decommissioning Nuclear Power The report is available at the NRC In October 1999, the Company was Plants.’’ Public Document Room, 2120 L Street merged with and into a subsidiary of As the number of power reactors NW., Washington, DC. and through the The Allstate Corporation (‘‘Allstate’’). involved in the decommissioning NRC Agencywide Documents Access This Allstate subsidiary became the successor obligor on the PRIDES and process increases, the ability to address and Management System (ADAMS). The successor registrant with the regulatory issues generically has become report is also available via the Internet Commission, changing its name to more important. After a nuclear power on the NRC web page at
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For the Commission, by the Division of Order, including the development of Sec. 2. Purpose and Need. Trade Market Regulation, pursuant to delegated procedures pursuant to the Order, in agreements should contribute to the broader authority.23 consultation with appropriate foreign goal of sustainable development. Jonathan G. Katz, policy, environmental, and economic Environmental reviews are an important tool to help identify potential environmental Secretary. agencies. For convenience, the text of effects of trade agreements, both positive and [FR Doc. 00–4150 Filed 2–18–00; 8:45 am] the Order is reproduced below. negative, and to help facilitate consideration BILLING CODE 8010±01±M USTR and CEQ seek the written views of appropriate responses to those effects of the public concerning the issues the whether in the course of negotiations, agencies should consider with respect to through other means, or both. STATE JUSTICE INSTITUTE implementing the Order, including such Sec. 3 (a) Implementation. The United matters as: general views on how the States Trade Representative (‘‘Trade Sunshine Act Meeting environmental review process should Representative’’) and the Chair of the Council work, mechanisms for involving the on Environmental Quality shall oversee the DATE: Friday, March 3, 2000, 9 am–5 implementation of this order, including the public, including the role of USTR’s development of procedures pursuant to this pm. advisory committees in the process; order, in consultation with appropriate PLACE: 1650 King Street Suite 600, timing and process for conducting a foreign policy, environmental, and economic Alexandria, VA. written environmental review for those agencies. MATTERS TO BE CONSIDERED: agreements requiring it; and appropriate (b) Conduct of Environmental Reviews. The Consideration of proposals submitted methodologies for assessing Trade Representative, through the for Institute funding. environmental impacts in the context of interagency Trade Policy Staff Committee (TPSC), shall conduct the environmental PORTIONS OPEN TO THE PUBLIC: All trade negotiations. USTR and CEQ will use this reviews of the agreements under section 4 of matters other than those noted as closed this order. below. information, in part, to develop Sec. 4. Trade Agreements. implementing guidelines, with the goal PORTIONS CLOSED TO THE PUBLIC: Internal (a) Certain agreements which the United personnel matters and Board of of completing the guidelines by mid- States may negotiate shall require an Directors’ committee meetings. year. USTR and CEQ also intend to hold environmental review. These include: a public hearing concerning the (i) comprehensive multilateral trade CONTACT PERSON: David Tevelin, implementation of the Executive Order, rounds; Executive Director, State Justice and to request public comment on draft (ii) bilateral or plurilateral free trade Institute, 1650 King Street Suite 600, guidelines. The public will be notified agreements; and Alexandria, VA 22314, (703) 684–6100. of those opportunities in subsequent (iii) major new trade liberalization agreements in natural resource sectors. David I. Tevelin, Federal Register notices. (b) Agreements reached in connection with Executive Director. DATE: Comments are due no later than enforcement and dispute resolution actions [FR Doc. 00–4273 Filed 2–17–00; 3:30 pm] April 7, 2000. are not covered by this order. BILLING CODE 6820±SC±M ADDRESSES: Comments must be (c) For trade agreements not covered under submitted to Gloria Blue, Executive subsections 4 (a) and (b), environmental Secretary, Trade Policy Staff Committee, reviews will generally not be required. Most sectoral liberalization agreements will not OFFICE OF THE UNITED STATES ATTN: Implementation of Executive require an environmental review. The Trade TRADE REPRESENTATIVE Order 13141—Environmental Review of Representative, through the TPSC, shall Trade Agreements, Office of the U.S. determine whether an environmental review COUNCIL ON ENVIRONMENTAL Trade Representative, room 122, 600 of an agreement or category of agreements is QUALITY Seventeenth Street, NW., Washington, warranted based on such factors as the DC 20508. significance of reasonably foreseeable Request for Public Comment FOR FURTHER INFORMATION CONTACT: environmental impacts. Regarding Implementation of Office of the U.S. Trade Representative, Sec. 5. Environmental Reviews. (a) Environmental reviews shall be: Executive Order 13141: Environmental Environment and Natural Resources Review of Trade Agreements (i) written; Section, telephone 202–395–7320 or (ii) initiated through a Federal Register AGENCY: Office of the United States Council on Environmental Quality, notice, outlining the proposed agreement and Trade Representative and Council on telephone 202–456–6224. soliciting public comment and information Environmental Quality. SUPPLEMENTARY INFORMATION: Executive on the scope of the environmental review of the agreement; ACTION: Order 13141 provides as follows: Notice of request for written (iii) undertaken sufficiently early in the public comment. Environmental Review of Trade Agreements process to inform the development of negotiating positions, but shall not be a SUMMARY: On November 16, 1999, By the authority vested in me as President condition for the timely tabling of particular President Clinton signed Executive by the Constitution and the laws of the United States of America, and in order to negotiating proposals; Order 13141. 64 FR 63169 (Nov. 18, further the environmental and trade policy (iv) made available in draft form for public 1999). The Order states that the United goals of the United States, it is hereby comment, where practicable; and States is committed to a policy of ordered as follows: (v) made available to the public in final ongoing assessment and evaluation of Section 1. Policy. The United States is form. the environmental impacts of trade committed to a policy of careful assessment (b) As a general matter, the focus of agreements, and in certain instances, and consideration of the environmental environmental reviews will have impacts in written environmental reviews. The impacts of trade agreements. The United the United States. As appropriate and Order directs the Office of the United States will factor environmental prudent, reviews may also examine global considerations into the development of its and transboundary impacts. States Trade Representative (USTR) and grade negotiating objectives. Responsible Sec. 6. Resources. Upon request by the the Council on Environmental Quality agencies will accomplish these goals through Trade Representative, Federal agencies shall, (CEQ) to oversee implementation of the a process of ongoing assessment and to the extent permitted by law and subject to evaluation, and, in certain instances, written the availability of appropriations, provide 23 17 CFR 200.30–3(a)(12). environmental reviews. analytical and financial resources and
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DEPARTMENT OF TRANSPORTATION Estimated Charge Expiration Date: Year 2000 compliance audit. May 1, 2004. Airfield electrical improvements. Federal Aviation Administration Class of Air Carriers Not Required to Terminal apron expansion. Collect PFC’s: None. PFC administration costs. Notice of Passenger Facility Charge Brief Description of Project Approved Decision Date: January 20, 2000. (PFC) Approvals and Disapprovals for Collection and Use: FOR FURTHER INFORMATION CONTACT: AGENCY: Federal Aviation Rehabilitate runway 3/21. Danial Millenacker, Minneapolis Administration (FAA), DOT. Airport terminal building assessment. Airports District Office, (612) 713–4350. Purchase of 20-foot runway sweeper. ACTION: Monthly Notice of PFC Public Agency: Metropolitan Airports Brief Description of Project Approved Approvals and Disapprovals. In January Commission, Minneapolis Minnesota. in Part for Collection and Use: Purchase 2000, there were six applications Application Number: 00–05–C–00– of 14-foot loader. approved. Additionally, 10 approved MSP. Determination: Partially approved. amendments to previously approved Application Type: Impose and use a The FAA has determined that certain applications are listed PFC. requested attachments, in particular the PFC Level: $3.00. SUMMARY: The FAA publishes a monthly hydraulic compactor, hydraulic breaker, Total PFC Revenue Approved in This notice, as appropriate, of PFC approvals forks, and rear quick coupler, are airport Decision: $106,873,838. and disapprovals under the provisions maintenance items and are not an Earliest Charge Effective Date: August of the Aviation Safety and Capacity allowable cost under paragraph 501 of 1, 2000. Expansion Act of 1990 (Title IX of the FAA Order 5100.38A, Airport Estimated Charge Expiration Date: Omnibus Budget Reconciliation Act of Improvement Program (AIP) Handbook March 1, 2003. 1990) (Pub. L. 101–508) and Part 158 of (October 24, 1989). Therefore, the Class of Air Carriers Not Required to the Federal Aviation Regulations (14 approved amount has been reduced Collect PFC’s: Air taxi/commercial CFR Part 158). This notice is published from that requested due to the ineligible operators filing FAA Form 1800–31. pursuant to paragraph d of § 158.29. items. Determination: Approved. Based on Brief Description of Project information contained in the public PFC Applications Approved Disapproved: Purchase of snow removal agency’s application, the FAA has Public Agency: City of San Jose, equipment. determined that the approved class California. Determination: Disapproved. The accounts for less than 1 percent of the Application Number: 99–08–C–00– FAA has determined that the total annual enplanements at SJC. acquisition of replacement snow plow Minneapolis-St. Paul International Application Type: Impose and use a blades is a maintenance expense, Airport. PFC. associated with an expendable item, and Brief Description of Projects Approved PFC Level: $3.00. is ineligible under paragraphs 501 and for Collection and Use: Total PFC Revenue Approved in This 565c of FA Order 5100.38A, AIP Runway 17 deicing pad site Decision: $23,598,000. Handbook (October 24, 1989). preparation. Earliest Charge Effective Date: July 1, Decision Date: January 20, 2000. Runway 30L deicing pad. 2002. FOR FURTHER INFORMATION CONTACT: Runway 12R deicing pad. Estimated Charge Expiration Date: Chris Schaffer, Denver Airports District Runway 17/35 site preparation. September 1, 2003. Office, (303) 342–1258. Runway 4/22 reconstruction— Class of Air Carriers Not Required to Public Agency: City of Rhinelander segment 3. Collect PFC’s: Air taxi/commercial and County of Oneida, Rhinelander, Green concourse apron construction— operators filing FAA Form 1800–31. Wisconsin. phase 1. Determination: Approved. Based on Application Number: 00–06–C–00– Green concourse apron construction— information submitted in the public RHI. phase 2. agency’s application, the FAA has Application Type: Impose and use a Humphrey terminal development. determined that the approved class PFC. Inbound/outbound roadway accounts for less than 1 percent of the PFC Level: $3.00. realignment. total annual enplanements at San Jose Total PFC Revenue Approved in This Northwest Drive improvements. International Airport. Decision: $335,056. Runway 30L safety area Brief Description of Project Approved Earliest Charge Effective Date: March improvements. for Collection and Use: Interim Federal 1, 2000. Decision Date: January 25, 2000. Inspection Services facility. Estimated Charge Expiration Date: FOR FURTHER INFORMATION CONTACT: Decision Date: January 13, 2000. February 1, 2003. Gordon Nelson, Minneapolis Airports FOR FURTHER INFORMATION CONTACT: Class of Air Carriers Not Required to District Office, (612) 713–4358. Marlys Vanvervelde, San Francisco Collect PFC’s: Part 135 air taxi/ Public Agency: City of Fayetteville, Airports District Office, (650) 876–2806. commercial operators filing FAA Form Arkansas. Public Agency: County of Natrona, 1800–31. Application Number: 99–03–C–00– Casper, Wyoming. Determination: Approved. Based on FYV. Application Number: 99–04–C–00– information contained in the public Application Type: Impose and use a CPR. agency’s application, the FAA has PFC. Application Type: Impose and use a determined that the approved class PFC Level: $3.00. PFC. accounts for less than 1 percent of the Total PFC Revenue Approved in This PFC Level: $3.00. total annual enplanements at Decision: $960,303. Total PFC Revenue Approved in This Rhinelander-Oneida County Airport. Earliest Charge Effective Date: April 1, Decision: $471,251. Brief Description of Project Approved 2000. Earliest Charge Effective Date: for Collection and Use: Estimated Charge Expiration Date: October 1, 2004. Runway 5/23 demolition. January 1, 2001.
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Class of Air Carriers Not Required to Total PFC Revenue Approved in This Rehabilitate runway 17/35 (design Collect PFC’s: None. Decision: $230,300. only). Brief Description of Projects Approved Earliest Charge Effective Date: April 1, Disadvantaged business enterprise for Collection and Use: 2000. plan. Localizer-type directional aid with Estimated Charge Expiration Date: Drainage study. glide slope. January 1, 2002. Rehabilitate runway 17/35. Reconstruct taxiways D, E, F, and Class of Air Carriers Not Required to Brief Description of Project segment TB–3 of taxiway B. Collect PFC’s: Unscheduled Part 121 Disapproved: Terminal building. PFC administrative costs. Determination: Disapproved. The new Decision Date: January 26, 2000. charter carriers. Determination: Approved. Based on terminal building had been previously FOR FURTHER INFORMATION CONTACT: Ben approved for PFC collection under Guttery, Southwest Region Airports information contained in the public agency’s application, the FAA has application number 92–01–I–00–VLD. Division, (817) 222–5614. The total eligible costs for the terminal Public Agency: Valdosta-Lowndes determined that the approved class were collected under this application County Airport Authority, Valdosta, accounts for less than 1 percent of the and there are no new eligible costs Georgia. total annual enplanements at Valdosta Application Number: 00–04–C–00– Regional Airport. associated with the terminal. VLD. Brief Description of Projects Approved Decision Date: January 27, 2000. Application Type: Impose and use a for Collection and Use: FOR FURTHER INFORMATION CONTACT: PFC. Security fencing. Larry Clark, Atlanta Airports District PFC Level: $3.00. T-hanger taxiway. Office, (404) 305–7144.
AMENDMENTS TO PFC APPROVALS
Original Amended Amendment Original Amended Estimated Estimated Amendment No. City, State Approved Date Approved Net Approved Net Charge Exp. Charge Exp. PFC Revenue PFC Revenue Date Date
93±01±C±02±CPR; Casper, WY...... 01/04/00 $543,974 $524,438 10/01/01 10/01/01 98±02±C±01±FYV; Fayetteville, AR...... 01/05/00 2,726,590 118,886 03/01/04 04/01/00 95±01±C±01±FYV; Fayetteville, AR...... 01/10/00 2,584,339 1,149,945 03/01/04 04/01/00 93±01±C±04±TYS; Knoxville, TN...... 01/12/00 4,829,227 4,881,882 06/01/98 06/01/98 97±04±U±01±TYS; Knoxville, TN...... 01/12/00 NA NA 06/01/98 06/01/98 93±01±C±03±BGM; Binghamton, NY ...... 01/20/00 311,759 305,752 04/01/06 04/01/06 95±02±C±04±BGM; Binghamton, NY ...... 01/20/00 1,021,843 1,021,843 04/01/06 04/01/06 98±03±C±02±BGM; Binghamton, NY ...... 01/20/00 1,813,334 1,811,886 04/01/06 04/01/06 94±02±C±01±INL; International Falls, MN...... 01/24/00 243,537 280,066 03/01/00 07/01/00 97±02±C±02±DSM; Des Moines, IA...... 01/26/00 9,713,654 9,786,654 12/01/01 12/01/01
Issued in Washington, DC, on February 11, manufactured for the European and Background 2000. other foreign markets that was not Under 49 U.S.C. 30141(a)(1)(A), a Eric Gabler, originally manufactured to comply with motor vehicle that was not originally Manager, Passenger Facility Charge Branch. all applicable Federal motor vehicle manufactured to conform to all [FR Doc. 00–4111 Filed 2–18–00; 8:45 am] safety standards is eligible for applicable Federal motor vehicle safety BILLING CODE 4910±13±M importation into the United States standards shall be refused admission because (1) it is substantially similar to into the United States unless NHTSA a vehicle that was originally DEPARTMENT OF TRANSPORTATION has decided that the motor vehicle is manufactured for sale in the United substantially similar to a motor vehicle National Highway Traffic Safety States and that was certified by its originally manufactured for importation Administration manufacturer as complying with the into and sale in the United States, safety standards, and (2) it is capable of [Docket No. NHTSA±2000±6941] certified under 49 U.S.C. 30115, and of being readily altered to conform to the the same model year as the model of the Notice of Receipt of Petition for standards. motor vehicle to be compared, and is Decision That Nonconforming 1998 DATES: The closing date for comments capable of being readily altered to Jeep Wrangler Multi-Purpose on the petition is March 23, 2000. conform to all applicable Federal motor Passenger Vehicles Are Eligible for vehicle safety standards. Importation ADDRESSES: Comments should refer to Petitions for eligibility decisions may the docket number and notice number, be submitted by either manufacturers or AGENCY: National Highway Traffic and be submitted to: Docket Safety Administration, DOT. importers who have registered with Management, Room PL–401, 400 NHTSA pursuant to 49 CFR Part 592. As ACTION: Notice of receipt of petition for Seventh St., SW, Washington, DC decision that nonconforming 1998 Jeep specified in 49 CFR 593.7, NHTSA 20590. [Docket hours are from 9 am to publishes notice in the Federal Register Wrangler multi-purpose passenger 5 pm]. vehicles (MPVs) are eligible for of each petition that it receives, and importation. FOR FURTHER INFORMATION CONTACT: affords interested persons an George Entwistle, Office of Vehicle opportunity to comment on the petition. SUMMARY: This notice announces receipt Safety Compliance, NHTSA (202–366– At the close of the comment period, by the National Highway Traffic Safety 5306). NHTSA decides, on the basis of the Administration (NHTSA) of a petition petition and any comments that it has for a decision that a 1998 Jeep Wrangler SUPPLEMENTARY INFORMATION: received, whether the vehicle is eligible
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U.S. Postal Zip Codes 49707, 49776, and normally will be made available within copy of the collection, or a copy of the 49779, and include the stations of Posen 60 days of the filing of the petition. The supporting documentation submitted to (milepost 140), Larocque (milepost 150), deadline for submission of comments on OMB by contacting Jessie Dunaway or and Calcite (milepost 10.9). the EA will generally be within 30 days Camille Dixon, (202) 874–5090, The line does not contain federally of its service. Legislative and Regulatory Activities granted rights-of-way. Any Board decisions and notices are Division (1557-0106), Office of the documentation in Lake State’s available on our website at Comptroller of the Currency, 250 E possession will be made available ‘‘WWW.STB.DOT.GOV.’’ Street, SW, Washington, DC 20219. promptly to those requesting it. Decided: February 14, 2000. The interest of railroad employees SUPPLEMENTARY INFORMATION: The OCC will be protected by Oregon Short Line By the Board, David M. Konschnik, is proposing to extend OMB approval of Director, Office of Proceedings. R. Co.—Abandonment—Goshen, 360 the following information collection: I.C.C. 91 (1979). Vernon A. Williams, Title: (MA)—Securities Exchange Act By issuance of this notice, the Board Secretary. Disclosure Rules (12 CFR 11). is instituting an exemption proceeding [FR Doc. 00–3941 Filed 2–18–00; 8:45 am] OMB Number: 1557–0106. pursuant to 49 U.S.C. 10502(b). A final BILLING CODE 4915±00±P Form Numbers: SEC Forms 3, 4, 5, 8– decision will be issued by May 22, 2000. K, 10, 10–K, 10–Q, Schedules 13D, 13G, Any offer of financial assistance 14A, 14B, and 14C. (OFA) under 49 CFR 1152.27(b)(2) will DEPARTMENT OF THE TREASURY be due no later than 10 days after Abstract: This submission covers an service of a decision granting the Office of the Comptroller of the existing regulation and involves no petition for exemption. Each OFA must Currency change to the regulation or to the be accompanied by the filing fee, which information collections embodied in the currently is set at $1,000. See 49 CFR Agency Information Collection regulation. The OCC requests only that 1002.2(f)(25). Activities: Submission for OMB OMB renew its approval of the All interested persons should be Review; Comment Request information collections in the current regulation. aware that, following abandonment of AGENCY: Office of the Comptroller of the rail service and salvage of the line, the Currency (OCC), Treasury. This information collection covers the line may be suitable for other public OCC’s Securities Exchange Act ACTION: Submission for OMB review; use, including interim trail use. Any comment request. Disclosure Rules (12 CFR Part 11) which request for a public use condition under require national banks to make public 49 CFR 1152.28 or for trail use/rail SUMMARY: The OCC, as part of its disclosures and file with the OCC banking under 49 CFR 1152.29 will be continuing effort to reduce paperwork certain Securities Exchange Commission due no later than March 13, 2000. Each and respondent burden, invites the forms. Publicly-owned national banks trail use request must be accompanied general public and other Federal must make disclosures and filings to by a $150 filing fee. See 49 CFR agencies to take this opportunity to comply with applicable banking and 1002.2(f)(25). comment on a continuing information securities law and regulatory All filings in response to this notice collection, as required by the Paperwork requirements. The OCC reviews the must refer to STB Docket No. AB–534 Reduction Act of 1995. The OCC may information to ensure that it complies (Sub–No. 2X) and must be sent to: (1) not conduct or sponsor, and a with Federal law and makes public all Surface Transportation Board, Office of respondent is not required to respond information required to be filed. the Secretary, Case Control Unit, 1925 K to, an information collection that has Investors, depositors, and the public use Street, N.W., Washington, DC 20423– been extended, revised, or implemented the information to make informed 0001; and (2) Andrew B. Kolesar III, unless it displays a currently valid investment decisions. 1224 Seventeenth Street, N.W., Office of Management and Budget Type of Review: Extension, without Washington, DC 20036. Replies to the (OMB) control number. Currently, the change, of a currently approved Lake State petition are due on or before OCC is soliciting comments concerning collection. March 13, 2000. an extension, without change, of an Persons seeking further information Affected Public: Businesses or other information collection titled (MA)— for-profit; Individuals or households. concerning abandonment procedures Securities Exchange Act Disclosure Estimated Number of Respondents: may contact the Board’s Office of Public Rules (12 CFR 11). The OCC also gives 97. Services at (202) 565–1592 or refer to notice that it has sent the information the full abandonment or discontinuance collection to OMB for review. Estimated Total Annual Responses: regulations at 49 CFR part 1152. DATES: You should submit your written 568. Questions concerning environmental comments to both OCC and the OMB Frequency of Response: On occasion. issues may be directed to the Board’s Reviewer by March 23, 2000. Estimated Total Annual Burden: Section of Environmental Analysis ADDRESSES: 4,986 burden hours. (SEA) at (202) 565–1545. [TDD for the You should send your hearing impaired is available at 1–800– written comments to the OCC Contact: Jessie Dunaway or 877–8339.] Communications Division, Attention: Camille Dixon, (202) 874–5090, An environmental assessment (EA) (or 1557–0106, Third Floor, Office of the Legislative and Regulatory Activities environmental impact statement (EIS), if Comptroller of the Currency, 250 E Division, OMB No. 1557–0106, Office of necessary) prepared by SEA will be Street, SW, Washington, DC 20219. In the Comptroller of the Currency, 250 E served upon all parties of record and addition, you can send comments by Street SW, Washington, DC 20219. upon any agencies or other persons who facsimile transmission to (202) 874– OMB Reviewer: Alexander Hunt, (202) commented during its preparation. 5274, or by electronic mail to 395–7340, Paperwork Reduction Project Other interested persons may contact [email protected]. 1557–0106, Office of Management and SEA to obtain a copy of the EA (or EIS). FOR FURTHER INFORMATION CONTACT: You Budget, Room 10226, New Executive EAs in these abandonment proceedings may request additional information, a Office Building, Washington, DC 20503.
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Comments FOR FURTHER INFORMATION CONTACT: of automated collection techniques or Your comment will become a matter Requests for additional information or other forms of information technology; of public record. You are invited to copies of this regulation should be and (e) estimates of capital or start-up comment on: directed to Faye Bruce, (202) 622–6665, costs and costs of operation, (a) Whether the collection of Internal Revenue Service, room 5244, maintenance, and purchase of services information is necessary for the proper 1111 Constitution Avenue NW., to provide information. performance of the functions of the Washington, DC 20224. Approved: February 10, 2000. agency, including whether the SUPPLEMENTARY INFORMATION: Garrick R. Shear, information has practical utility; Title: Hedging Transactions. IRS Reports Clearance Officer. (b) Whether the OCC’s burden OMB Number: 1545–1403. [FR Doc. 00–4032 Filed 2–18–00; 8:45 am] Regulation Project Number: FI–46–93. estimate is accurate; BILLING CODE 4830±01±U (c) Ways to enhance the quality, Abstract: This regulation clarifies the utility, and clarity of the information to character of gain or loss from the sale or be collected; exchange of property that is part of a DEPARTMENT OF THE TREASURY (d) Ways to minimize the burden of business hedge. A taxpayer must the collection on respondents, including identify the hedging transaction on its Internal Revenue Service books and records before the close of the through the use of automated collection [INTL±372±88; INTL±401±88] techniques or other forms of information day on which the taxpayer enters into technology; and it and must also identify the item, items, Proposed Collection; Comment (e) Whether the OCC’s estimates of the or aggregate risk being hedged. The Request for Regulation Project capital or startup costs and costs of information will be used to verify that operation, maintenance, and purchase a taxpayer is properly reporting its AGENCY: Internal Revenue Service (IRS), of services to provide information are business hedging transactions. Treasury. accurate. Current Actions: There is no change to ACTION: Notice and request for this existing regulation. comments. Dated: February 11, 2000. Type of Review: Extension of OMB Mark J. Tenhundfeld, approval. SUMMARY: The Department of the Assistant Director, Legislative & Regulatory Affected Public: Business or other for- Treasury, as part of its continuing effort Activities Division. profit organizations. to reduce paperwork and respondent [FR Doc. 00–4055 Filed 2–18–00; 8:45 am] Estimated Number of Respondents: burden, invites the general public and BILLING CODE 4810±33±P 110,000. other Federal agencies to take this Estimated Time Per Respondent: 52 opportunity to comment on proposed minutes. and/or continuing information DEPARTMENT OF THE TREASURY Estimated Total Annual Burden collections, as required by the Paperwork Reduction Act of 1995, Internal Revenue Service Hours: 95,000. The following paragraph applies to all Public Law 104–13 (44 U.S.C. 3506(c)(2)(A)). Currently, the IRS is [FI±46±93] of the collections of information covered by this notice: soliciting comments concerning existing Proposed Collection; Comment An agency may not conduct or final regulations, INTL–372–88 (TD Request For Regulation Project sponsor, and a person is not required to 8632), Section 482 Cost Sharing respond to, a collection of information Regulations (§ 1.482–7); INTL–401–88 AGENCY: Internal Revenue Service (IRS), unless the collection of information (TD 8552), Intercompany Transfer Treasury. displays a valid OMB control number. Pricing Regulations Under Section 482 ACTION: Notice and request for Books or records relating to a collection (§§ 1.482–1, 1.482–4). comments. of information must be retained as long DATES: Written comments should be as their contents may become material received on or before April 24, 2000, to SUMMARY: The Department of the in the administration of any internal be assured of consideration. Treasury, as part of its continuing effort revenue law. Generally, tax returns and ADDRESSES: Direct all written comments to reduce paperwork and respondent tax return information are confidential, to Garrick R. Shear, Internal Revenue burden, invites the general public and as required by 26 U.S.C. 6103. Service, room 5244, 1111 Constitution other Federal agencies to take this Request for Comments: Comments Avenue NW., Washington, DC 20224. opportunity to comment on proposed submitted in response to this notice will FOR FURTHER INFORMATION CONTACT: and/or continuing information be summarized and/or included in the Requests for additional information or collections, as required by the request for OMB approval. copies of these regulations should be Paperwork Reduction Act of 1995, All comments will become a matter of directed to Faye Bruce, (202) 622–6665, Public Law 104–13 (44 U.S.C. public record. Comments are invited on: Internal Revenue Service, room 5244, 3506(c)(2)(A)). Currently, the IRS is (a) whether the collection of information 1111 Constitution Avenue NW., soliciting comments concerning an is necessary for the proper performance Washington, DC 20224. existing final regulation, FI–46–93 (TD of the functions of the agency, including SUPPLEMENTARY INFORMATION: 8555), Hedging Transactions (§ 1.1221– whether the information shall have 2). Title: (INTL–372–88) Section 482 Cost practical utility; (b) the accuracy of the Sharing Regulations; (INTL–401–88) DATES: Written comments should be agency’s estimate of the burden of the Intercompany Transfer Pricing received on or before April 24, 2000, to collection of information; (c) ways to Regulations Under Section 482. be assured of consideration. enhance the quality, utility, and clarity OMB Number: 1545–1364. ADDRESSES: Direct all written comments of the information to be collected; (d) Regulation Project Number: INTL– to Garrick R. Shear, Internal Revenue ways to minimize the burden of the 372–88; INTL–401–88. Service, room 5244, 1111 Constitution collection of information on Abstract: The information collections Avenue NW., Washington, DC 20224. respondents, including through the use in INTL–372–88 are necessary to
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Approved: February 11, 2000. farms, Federal government, and State, to reduce paperwork and respondent Garrick R. Shear, local or tribal governments. burden, invites the general public and IRS Reports Clearance Officer. Estimated Number of Responses: other Federal agencies to take this [FR Doc. 00–4036 Filed 2–18–00; 8:45 am] 4,420,919. opportunity to comment on proposed Estimated Time Per Response: 10 min. BILLING CODE 4830±01±U and/or continuing information Estimated Total Annual Burden collections, as required by the Hours: 751,557. Paperwork Reduction Act of 1995, DEPARTMENT OF THE TREASURY The following paragraph applies to all Public Law 104–13 (44 U.S.C. of the collections of information covered 3506(c)(2)(A)). Currently, the IRS is Internal Revenue Service by this notice: soliciting comments concerning an An agency may not conduct or existing final regulation, CO–62–89 (TD Proposed Collection; Comment sponsor, and a person is not required to 8407), Final Regulations Under Section Request for Form 1096 respond to, a collection of information 382 of the Internal Revenue Code of unless the collection of information 1986; Limitations on Corporate Net AGENCY: Internal Revenue Service (IRS), displays a valid OMB control number. Treasury. Operating Loss Carryforwards (Section Books or records relating to a collection 1.382–3). ACTION: Notice and request for of information must be retained as long DATES: comments. as their contents may become material Written comments should be in the administration of any internal received on or before April 24, 2000 to SUMMARY: The Department of the revenue law. Generally, tax returns and be assured of consideration. Treasury, as part of its continuing effort tax return information are confidential, ADDRESSES: Direct all written comments to reduce paperwork and respondent as required by 26 U.S.C. 6103. to Garrick R. Shear, Internal Revenue burden, invites the general public and Service, room 5244, 1111 Constitution other Federal agencies to take this Request For Comments Avenue NW., Washington, DC 20224. opportunity to comment on proposed Comments submitted in response to FOR FURTHER INFORMATION CONTACT: and/or continuing information this notice will be summarized and/or Requests for additional information or collections, as required by the included in the request for OMB copies of the regulation should be Paperwork Reduction Act of 1995, approval. All comments will become a directed to Martha R. Brinson, (202) Public Law 104–13(44 U.S.C. matter of public record. Comments are 622–3869, Internal Revenue Service, 3506(c)(2)(A)). Currently, the IRS is invited on: (a) Whether the collection of room 5244, 1111 Constitution Avenue soliciting comments concerning Form information is necessary for the proper NW., Washington, DC 20224. 1096, Annual Summary and Transmittal performance of the functions of the SUPPLEMENTARY INFORMATION: of U.S. Information Returns. agency, including whether the Title: Final Regulations Under Section DATES: Written comments should be information shall have practical utility; 382 of the Internal Revenue Code of received on or before April 24, 2000, to (b) the accuracy of the agency’s estimate 1986; Limitations on Corporate Net be assured of consideration. of the burden of the collection of Operating Loss Carryforwards. ADDRESSES: Direct all written comments information; (c) ways to enhance the OMB Number: 1545–1260. to Garrick R. Shear, Internal Revenue quality, utility, and clarity of the Regulation Project Number: CO–62– Service, room 5244, 1111 Constitution information to be collected; (d) ways to 89 (final). Avenue NW., Washington, DC 20224. minimize the burden of the collection of Abstract: Internal Revenue Code FOR FURTHER INFORMATION CONTACT: information on respondents, including section 382(l)(5) provides relief from the Requests for additional information or through the use of automated collection application of the section 382 limitation copies of the form and instructions techniques or other forms of information for bankruptcy reorganizations in which should be directed to Faye Bruce, (202) technology; and (e) estimates of capital the pre-change shareholders and 622–6665, Internal Revenue Service, or start-up costs and costs of operation, qualified creditors maintain a room 5244, 1111 Constitution Avenue maintenance, and purchase of services substantial continuing interest in the NW., Washington, DC 20224. to provide information. loss corporation. These regulations SUPPLEMENTARY INFORMATION: Approved: February 8, 2000. concern the election a taxpayer may Title: Annual Summary and Garrick R. Shear, make to treat as the change date the Transmittal of U.S. Information Returns. IRS Reports Clearance Officer. effective date of a plan of reorganization OMB Number: 1545–0108. in a title 11 or similar case rather than [FR Doc. 00–4037 Filed 2–18–00; 8:45 am] Form Number: 1096. the confirmation date of a plan. Abstract: Form 1096 is used to BILLING CODE 4830±01±U Current Actions: There is no change to transmit information returns (Forms this existing regulation. 1099, 1098, 5498, and W–2G) to the IRS DEPARTMENT OF THE TREASURY Type of Review: Extension of a service centers. Under Internal Revenue currently approved collection. Code section 6041 and related Internal Revenue Service Affected Public: Business or other for- regulations, a separate Form 1096 is profit organizations. used for each type of return sent to the [CO±62±89] Estimated Number of Respondents: service center by the payer. It is used by 10. Proposed Collection; Comment IRS to summarize, categorize, and Estimated Time Per Respondent: 5 Request For Regulation Project process the forms being filed. minutes. Current Actions: There are no changes AGENCY: Internal Revenue Service (IRS), Estimated Total Annual Burden being made to the form at this time. Treasury. Hours: 1. Type of Review: Extension of a ACTION: Notice and request for The following paragraph applies to all currently approved collection. comments. of the collections of information covered Affected Public: Business or other for- by this notice: profit organizations, individuals or SUMMARY: The Department of the An agency may not conduct or households, not-for-profit institutions, Treasury, as part of its continuing effort sponsor, and a person is not required to
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FOR FURTHER INFORMATION CONTACT: Type of Review: Extension of OMB included in the request for OMB Requests for additional information or approval. approval. All comments will become a copies of this regulation should be Affected Public: Business or other for- matter of public record. Comments are directed to Faye Bruce, (202) 622–6665, profit organizations. invited on: (a) Whether the collection of Internal Revenue Service, room 5244, Estimated Number of Respondents: information is necessary for the proper 1111 Constitution Avenue NW., 2,500. performance of the functions of the Estimated Time Per Respondent: 8 Washington, DC 20224. agency, including whether the hours, 3 minutes. SUPPLEMENTARY INFORMATION: Estimated Total Annual Burden information shall have practical utility; Title: Section 6662—Imposition of the Hours: 20,125. (b) the accuracy of the agency’s estimate Accuracy-Related Penalty. The following paragraph applies to all of the burden of the collection of OMB Number: 1545–1426. of the collections of information covered information; (c) ways to enhance the Regulation Project Number: INTL–21– by this notice: quality, utility, and clarity of the 91. An agency may not conduct or information to be collected; (d) ways to sponsor, and a person is not required to Abstract: These regulations provide minimize the burden of the collection of respond to, a collection of information guidance on the accuracy-related information on respondents, including unless the collection of information penalty imposed on underpayments of through the use of automated collection displays a valid OMB control number. techniques or other forms of information tax caused by substantial and gross Books or records relating to a valuation misstatements as defined in technology; and (e) estimates of capital collection of information must be or start-up costs and costs of operation, Internal Revenue Code sections 6662(e) retained as long as their contents may maintenance, and purchase of services and 6662(h). Under section 1.6662–6(d) become material in the administration to provide information. of the regulations, an amount is of any internal revenue law. Generally, excluded from the penalty if certain tax returns and tax return information Approved: February 14, 2000. requirements are met and a taxpayer are confidential, as required by 26 Garrick R. Shear, maintains documentation of how a U.S.C. 6103. transfer price was determined for a IRS Reports Clearance Officer. transaction subject to Code section 482. Request for Comments [FR Doc. 00–4040 Filed 2–18–00; 8:45 am] Current Actions: There is no change to Comments submitted in response to BILLING CODE 4830±01±P this existing regulation. this notice will be summarized and/or
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Corrections Federal Register Vol. 65, No. 33
Tuesday, February 22, 2000
This section of the FEDERAL REGISTER §63.1413 [Corrected] January 18, 2000, make the following contains editorial corrections of previously 2. On page 3308, in the first column, corrections: published Presidential, Rule, Proposed Rule, after line 6 of paragraph(e)(2)(i)(C) at the 1. On page 2656, in the third column, and Notice documents. These corrections are bottom of the column, insert the prepared by the Office of the Federal in the 18th line, ‘‘Withholding’’[’’ Register. Agency prepared corrections are following equation: should read ‘‘Withholding’’]’’. issued as signed documents and appear in n 2. On the same page, in the same the appropriate document categories elsewhere in the issue. ∑ E i column, in paragraph (a)(2), in the last ER = i=1 [Eq. 2] line, ‘‘The receipt of a management or performance based fee for operating a RPM collective investment account shall not DEPARTMENT OF ENERGY [FR Doc. C0–1 Filed 2–18–00; 8:45 am] be considered a beneficial interest in the BILLING CODE 1505±01±D Federal Energy Regulatory account’’ should be added after Commisson ‘‘interest.’’. [Docket No. ER99-4392-000] FEDERAL TRADE COMMISSION 3. On page 2657, in the second column, in paragraph (b)(1), in the Southwest Power Pool, Inc.; Notice of [File No. 992 3228] seventh line, ‘‘expect’’ should read Settlement Conference ‘‘except’’. DBC Financial, Inc., et al.; Analysis To Correction Aid Public Comment 4. On the same page, in the third column, in the first paragraph under In notice document 00–1691 Correction paragraph ‘‘(e) General Exemptions’’, in appearing on page 3953 in the issue of the second line, ‘‘with a member’’ Tuesday, January 25, 2000, the docket In notice document 00–3236 should be removed. number should read as set forth above. beginning on page 7017 in the issue of Friday, February 11, 2000, make the 5. On page 2658, in the first column, [FR Doc. C0–1691 Filed 2–18–00; 8:45 am] following corrections: in the fourth line, ‘‘this’’ should read BILLING CODE 1505±01±D 1. On page 7017, in the third column, ‘‘the’’. six lines from the bottom, ‘‘ DATE:’’ should read ‘‘DATES: Comments must 6. On the same page, in the same ENVIRONMENTAL PROTECTION be received on or before March 6, 2000.’’ column, in paragraph (f)(2), in the AGENCY 2. On the same page, in the same second line, ‘‘not’’ should be added after ‘‘shall’’. 40 CFR Part 63 column, the line beneath ‘‘DATES’’ should read ‘‘ADDRESSSES: Comments 7. On the same page, in the second [FRL±6513±4] should be directed to FTC/Office of the column, in paragraph (e)(1), in the fifth RIN 2060±AE36 Secretary, Room 159, 600 Pennsylvania line ‘‘through’’ should read ‘‘though’’. Ave.,NW, Washington, D.C. 20580.’’ 8. On the same page, in the same National Emission Standards for [FR Doc. C0–3236 Filed 2–18–00; 8:45 am] column, in paragraph (d)(1), in the first Hazardous Air Pollutants for Amino/ BILLING CODE 1505±01±D line, ‘‘2520’’ should be added after Phenolic Resins Production ‘‘2450’’. Correction SECURITIES AND EXCHANGE 9. On the same page, in the same In rule document 00–1 beginning on COMMISSION column, in paragraph (a), in the second page 3275 in the issue of January 20, line, ‘‘Rules’’ should read ‘‘Rule’’. 2000, make the following corrections: [Release No. 34±42325; File No. SR±NASD± [FR Doc. C0–995 Filed 2–18–00; 8:45 am] 1. On page 3279, in Table 1, in the 99±60] BILLING CODE 1505±01±D first column, under the heading ‘‘Emission point’’, the phrase ‘‘OR Self±Regulatory Organizations; Notice alternative standard of venting to a of Filing of Proposed Rule Change by control device continuously achieving a the National Association of Securities 50 ppmv outlet organic HAPS Dealers Inc. Relating to Trading in Hot concentration or 20 ppmv outlet organic Equity Offerings HAPS concentration for combustion devices.’’ should be removed. The Correction phrase is correctly located in the third In notice document 00–995, beginning column under the heading ‘‘Standard’’. on page 2656, in the issue of Tuesday,
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Part II
Department of the Treasury Officer of the Comptroller of the Currency Office of Thrift Supervision 12 CFR Parts 40 and 573 Federal Reserve System
12 CFR Part 216 Federal Deposit Insurance Corporation
12 CFR Part 332 Privacy of Consumer Financial Information; Proposed Rule
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DEPARTMENT OF THE TREASURY of the disclosure. These proposed rules Dissemination Branch, Information implement the requirements outlined Management & Services Division, Office Office of the Comptroller of the above. of Thrift Supervision, 1700 G Street, Currency DATES: Comments must be received by NW., Washington, DC 20552, Attention March 31, 2000. Docket No. 2000–13. Hand deliver 12 CFR Part 40 comments to Public Reference Room, ADDRESSES: Comments should be 1700 G Street, NW., lower level, from [Docket No. 00±05 ] directed to: Office of the Comptroller of 9:00 A.M. to 5:00 P.M. on business days. the Currency (OCC): Communications RIN 1557±AB77 Send facsimile transmissions to FAX Division, Office of the Comptroller of Number (202) 906–7755 or (202) 906– FEDERAL RESERVE SYSTEM the Currency, 250 E Street, SW., 6956 (if the comment is over 25 pages). Washington, DC 20219, Attention: Send e-mails to 12 CFR Part 216 Docket No. 00–05; FAX number (202) [email protected] and include 874–5274 or Internet address: [Docket No. R±1058] your name and telephone number. [email protected]. Interested persons may inspect FEDERAL DEPOSIT INSURANCE Comments may be inspected and comments at 1700 G Street, NW., from CORPORATION photocopied at the same location. 9 a.m. until 4 p.m. on business days. Board of Governors of the Federal FOR FURTHER INFORMATION CONTACT: 12 CFR Part 332 Reserve System (Board): Comments, which should refer to Docket No. R– 0CC RIN 3064±AC32 1058, may be mailed to Ms. Jennifer J. Amy Friend, Assistant Chief Counsel Johnson, Secretary, Board of Governors DEPARTMENT OF THE TREASURY (202) 874–5200 of the Federal Reserve System, 20th and Mark Tenhundfeld, Assistant Director, Office of Thrift Supervision C Streets, NW, Washington, DC 20551 or Legislative and Regulatory Activities mailed electronically to Division (202) 874–5090 12 CFR Part 573 [email protected]. Michael Bylsma, Director, Community Comments addressed to Ms. Johnson and Consumer Law (202) 874–5750 [Docket No. 2000±13] also may be delivered to the Board’s Steve Van Meter, Senior Attorney, mail room between 8:45 a.m. and 5:15 RIN 1550±AB36 Community and Consumer Law (202) p.m. and to the security control room 874–5750 Privacy of Consumer Financial outside of those hours. Both the mail Karen Furst, Policy Analyst, Economic Information room and the security control room are and Policy Analysis (202) 874–4509 accessible from the courtyard entrance Paul Utterback, National Bank AGENCIES: Office of the Comptroller of on 20th Street between Constitution Examiner, Bank Supervision Policy the Currency, Treasury; Board of Avenue and C Street, NW. Comments (202) 874–5461, or Governors of the Federal Reserve may be inspected in Room MP–500 Jeffery Abrahamson, Attorney, System; Federal Deposit Insurance between 9 a.m. and 5 p.m., pursuant to Legislative and Regulatory Activities Corporation; and Office of Thrift § 261.12, except as provided in § 261.14, Division (202) 874–5090 Supervision, Treasury. of the Board’s Rules Regarding the Board ACTION: Joint notice of proposed Availability of Information, 12 CFR rulemaking. 261.12 and 261.14. Oliver I. Ireland, Associate General Federal Deposit Insurance Counsel (202) 452–3625 SUMMARY: The Office of the Comptroller Corporation (FDIC): Send written Stephanie Martin, Managing Senior of the Currency, Board of Governors of comments to Robert E. Feldman, Counsel (202) 452–3198, or the Federal Reserve System, Federal Executive Secretary, Attention: Thomas Scanlon, Attorney (202) 452– Deposit Insurance Corporation, and the Comments/OES, Federal Deposit 3594, Legal Division, or Adrienne D. Hurt, Assistant Director Office of Thrift Supervision, Insurance Corporation, 550 17th Street, (collectively, the Agencies) are (202) 452–2412 NW., Washington, DC 20429. Comments Jane J. Gell, Managing Counsel (202) requesting comment on proposed may be hand delivered to the guard 452–3667, or privacy rules published pursuant to station at the rear of the 17th Street James H. Mann, Attorney (202) 452– section 504 of the Gramm-Leach-Bliley building (located on F Street) on 2412, Division of Consumer and Act (the G-L-B Act or Act). Section 504 business days between 7 a.m. and 5 p.m. Community Affairs. authorizes the Agencies to issue (Fax number (202) 898–3838). For the hearing impaired only, contact regulations as may be necessary to Comments may be inspected and Diane Jenkins, Telecommunications implement notice requirements and photocopied in the FDIC Public Device for the Deaf (TDD) (202) 452– restrictions on a financial institution’s Information Center, Room 100, 801 17th 3544, Board of Governors of the ability to disclose nonpublic personal Street, NW., Washington, DC 20429, Federal Reserve System, 20th and C information about consumers to between 9 a.m. and 4:30 p.m. on Streets, NW, Washington, DC 20551. nonaffiliated third parties. Pursuant to business days. section 503 of the G-L-B Act, a financial Comments may be submitted to the FDIC institution must provide its customers FDIC electronically over the Internet at Deanna Caldwell, Community Affairs with a notice of its privacy policies and www.fdic.gov. Further information Officer, Division of Compliance and practices. Section 502 prohibits a concerning this option may be found Consumer Affairs, (202) 736–0141 financial institution from disclosing below at ‘‘FDIC’s New Electronic Public James K. Baebel, Senior Review nonpublic personal information about a Comment Site.’’ Comments also may be Examiner, Division of Compliance consumer to nonaffiliated third parties mailed electronically to and Consumer Affairs, (202) 736–0229 unless the institution satisfies various [email protected]. Robert A. Patrick, Counsel, Regulations disclosure and opt-out requirements and Office of Thrift Supervision (OTS): and Legislation Section, (202) 898– the consumer has not elected to opt out Send comments to Manager, 3757
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Marc J. Goldstrom, Counsel, Regulations possible, as is required by the statute.1 Act covers, the Agencies propose to and Legislation Section, (202) 898– Except where noted in the discussion of adopt rules of general applicability and 8807 the proposed definitions of ‘‘nonpublic provide examples of conduct that Marilyn E. Anderson, Senior Counsel, personal information,’’ ‘‘personally would, and would not, comply with the Regulations and Legislation Section, identifiable financial information,’’ and rule. While the general rules are (202) 898–3522 ‘‘publicly available information,’’ the consistent among the Agencies’ Nancy Schucker Recchia, Counsel, texts of the Agencies’’ proposed proposals to the extent possible, the Regulations and Legislation Section, regulations are substantively identical. examples used by the Federal banking (202) 898–8885. The Agencies request comment on all agencies differ on occasion from those aspects of the proposed rules as well as used by the other agencies in order to OTS comment on the specific provisions and provide guidance that may be most Christine Harrington, Counsel (Banking issues highlighted in the section-by- meaningful to entities within a given and Finance), (202) 906–7957 section analysis below. agency’s jurisdiction. Paul Robin, Assistant Chief Counsel, The examples are provided in II. Section-by-Section Analysis (202) 906–6648, Regulations and furtherance of the Federal banking Legislation Division; or The discussion that follows applies to agencies’ obligation under section 722 Cindy Baltierra, Program Analyst, each of the Agencies’ proposed rules. of the G–L–B Act to use ‘‘plain Compliance Policy (202) 906–6540, Given that each agency will assign a language’’ in all proposed and final Office of Thrift Supervision, 1700 G different part to its privacy rule, the rules published after January 1, 2000. Street, NW., Washington DC 20552. citations are to sections only, leaving These examples are not intended to be SUPPLEMENTARY INFORMATION: The citations to part numbers blank. exhaustive; rather, they are intended to contents of this preamble are listed in § l.1 Purpose and Scope provide guidance about how the rules the following outline: would apply in specific situations. The Proposed paragraph (a) of this section Agencies invite comment on whether I. Background identifies three purposes of the rules. including examples in the rule is useful II. Section-by-Section Analysis First, the rules require a financial and suggestions on additional or III. FDIC’s New Electronic Public Comment institution to provide notice to Site different examples that may be helpful consumers about the institution’s in illustrating compliance with the rule. IV. Regulatory Analysis privacy policies and practices. Second, A. Paperwork Reduction Act § l.3 Definitions B. Regulatory Flexibility Act the rules describe the conditions under C. Executive Order 12866 which a financial institution may a. Affiliate. The proposed rules adopt D. Unfunded Mandates Act of 1995 disclose nonpublic personal information the definition of ‘‘affiliate’’ that is used V. Solicitation of Comments on Use of ‘‘Plain about a consumer to a nonaffiliated in section 509(6) of the G–L–B Act. An Language’’ third party. Third, the rules provide a affiliation will be found when one method for a consumer to ‘‘opt out’’ of I. Background company ‘‘controls’’ (which is defined the disclosure of that information to in § l.3(g), below), is controlled by, or On November 12, 1999, President nonaffiliated third parties, subject to the is under common control with another Clinton signed the G–L–B Act (Pub. L. exceptions in proposed §§ l.9,l.10, company. The definition includes both 106–102, codified at 15 U.S.C. 6801 et andl.11, as discussed below. financial institutions and entities that seq.) into law. Subtitle A of Title V of Proposed paragraph (b) sets out the are not financial institutions. the Act, captioned Disclosure of scope of the banking agencies’ rules and b. Clear and conspicuous. Title V of Nonpublic Personal Information, limits tracks the scope of enforcement set out the G–L–B Act and the proposed rules the instances in which a financial in section 505(a) of the G–L–B Act. This require that various notices be ‘‘clear institution may disclose nonpublic paragraph notes that the rules apply and conspicuous.’’ The proposed rules personal information about a consumer only to information about individuals define this term to mean that the notice to nonaffiliated third parties, and who obtain a financial product or is reasonably understandable and requires a financial institution to service from a financial institution to be designed to call attention to the nature disclose to all of its customers the used for personal, family, or household and significance of the information institution’s privacy policies and purposes. contained in the notice. practices with respect to information The G–L–B Act and the proposed The proposed rules do not mandate sharing with both affiliates and rules apply to domestic offices of United the use of any particular technique for nonaffiliated third parties. Title V also States banks and domestic branches and making the notices clear and requires the Agencies, the Secretary of agencies of foreign banks. The Agencies conspicuous, but instead allow each the Treasury, the National Credit Union request comment on whether the rules financial institution the flexibility to Administration (NCUA), the Federal should apply to foreign financial decide for itself how best to comply Trade Commission (FTC), and the institutions that solicit business in the with this requirement. Ways in which a Securities and Exchange Commission United States but that do not have an notice may satisfy the clear and (SEC), after consulting with office in the United States. conspicuous standard would include, representatives of State insurance § l.2 Rule of Construction for instance, using a plain-language authorities designated by the National l caption, in a type set easily seen, that is Association of Insurance Proposed § .2 of the rules sets out a designed to call attention to the Commissioners, to prescribe such rule of construction intended to clarify information contained in the notice. regulations as may be necessary to carry the effect of the examples used in the Other plain language principles are out the purposes of the provisions in rules. Given the wide variety of provided in the examples that follow Title V that govern disclosure of transactions that Title V of the G–L–B the general rule. nonpublic personal information. c. Collect. The proposed rules define 1 The NCUA, FTC, SEC, and the Treasury The Agencies have prepared proposed Department also have participated in the ‘‘collect’’ to mean obtaining any rules to implement Subtitle A that are rulemaking process, and the NCUA, FTC, and SEC information that is organized or consistent and comparable to the extent will separately issue comparable proposed rules. retrievable on a personally identifiable
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j. Financial institution. The proposed of the type described in section information is available from those rules define ‘‘financial institution’’ as 4(k)(4)(H) or insurance company sources is immaterial if the financial any institution the business of which is activities of the type described in institution does not actually obtain the engaging in activities that are financial section 4(k)(4)(I) of the Bank Holding information from one of them. in nature, or incidental to such financial Company Act, whether or not the Alternative B 3 similarly excludes activities, as described in section 4(k) of financial institution is affiliated with a publicly available information from the the Bank Holding Company Act of 1956 bank or is relying on the authority of scope of ‘‘nonpublic personal (12 U.S.C. 1843(k)). The proposed rules those sections. information’’ when the information is also exempt from the definition of n. Nonpublic personal information. part of a list, description, or other ‘‘financial institution’’ those entities Section 509(4) of the G–L–B Act defines grouping of consumers that is derived specifically excluded by the G–L–B Act. ‘‘nonpublic personal information’’ to without using personally identifiable k. Financial product or service. The mean ‘‘personally identifiable financial financial information. However, proposed rules define ‘‘financial information’’ (which term is not defined Alternative B also excludes any other product or service’’ as a product or in the Act) that is provided by a publicly available information, unless service that a financial institution could consumer to a financial institution, the information is part of a list, offer as an activity that is financial in results from any transaction with the description, or other grouping of nature, or incidental to such a financial consumer or any service performed for consumers that is derived using activity, under section 4(k) of the Bank the consumer, or is otherwise obtained personally identifiable financial Holding Company Act of 1956, as by the financial institution. Any list, information. Under Alternative B, amended. An activity that is description, or other grouping of information need only be available from complementary to a financial activity, as consumers—and ‘‘publicly available a public source for it to be considered described in section 4(k), is not information’’ (which also is undefined ‘‘publicly available.’’ If the information included in the definition of ‘‘financial in the G–L–B Act) pertaining to them— is lawfully available to the general product or service’’ under this part. The that is derived using any nonpublic public, then it will be publicly available proposed rules’ definition includes the personal information other than and excluded from the scope of financial institution’s evaluation of publicly available information also is ‘‘nonpublic personal information’’ information collected in connection included in the definition of ‘‘nonpublic regardless of whether the institution with an application by a consumer for personal information.’’ obtains it from a publicly available a financial product or service even if the The proposed rules implement this source (unless, as previously noted, it is application ultimately is rejected or provision of the G–L–B Act by restating, part of a list of consumers that is withdrawn. It also includes the in paragraph (1) of proposed §l.3(n), derived using personally identifiable distribution of information about a the categories of information described information). As a result of this consumer for the purpose of assisting above. However, the proposed rules approach, the fact that information has the consumer to obtain a financial present two alternatives concerning the been given to a financial institution by product or service. treatment, for purposes of the definition a consumer does not automatically l. Government regulator. The of ‘‘nonpublic personal information,’’ of extend to that information the proposed rules adopt the definition of information that can be obtained from protections afforded to nonpublic ‘‘government regulator’’ that includes sources available to the general public. personal information. each of the Agencies participating in The alternatives are based on The two alternatives will produce the this rulemaking, the Secretary of the differences in the definitions of same results in many instances. Under Treasury, the NCUA, FTC, SEC, and ‘‘personally identifiable financial Alternative A, a person’s name, address, State insurance authorities under the information’’ and ‘‘publicly available and other information that typically is circumstances identified in the information’’ which, when read thought of as publicly available is definition. This term is used in the together, result in more information treated as nonpublic if that information exception set out in proposed being treated as ‘‘nonpublic personal is provided by the person to a bank in § l.11(a)(4) for disclosures to law information’’ under Alternative A than connection with obtaining a financial enforcement agencies, ‘‘including would be the case under Alternative B. product or service. Thus, a bank would government regulators.’’ Alternative A excludes publicly be unable to disclose such information m. Nonaffiliated third party. available information from the scope of under Alternative A to a nonaffiliated Paragraph (1) of the proposed definition ‘‘nonpublic personal information’’ only third party unless the bank complies of ‘‘nonaffiliated third party’’ provides in two circumstances. The first is when with the notice and opt out that the term means any person (which the information is part of a list, requirements discussed below. Under includes natural persons as well as description, or other grouping of Alternative B, if the person’s name and corporate entities such as corporations, consumers that is derived without using address were available from public partnerships, trusts, and so on) except: personally identifiable financial sources, they would be publicly (1) An affiliate of a financial institution, information. The second is when available information. However, even and (2) a joint employee of a financial information, not provided by a under Alternative B, the bank would institution and a third party. This consumer and not resulting from a have to comply with the notice and opt paragraph is intended to be transaction with the consumer, is out requirements before sharing that substantively the same as the definition otherwise obtained by a financial information with nonaffiliated third used in section 509(5) of the G–L–B Act. institution in connection with providing parties if the information was included Paragraph (2) of the proposed definition a financial product or service to the on a customer list. provides that ‘‘nonaffiliated third party’’ consumer. However, in order for the The two alternatives will produce includes any company that is an affiliate information to be considered ‘‘publicly different results, however, in the by virtue of the direct or indirect available’’ under Alternative A, the situation where a bank wants to disclose ownership or control of the company by information must be obtained from the name, address, or other information the financial institution or one of its government records, widely distributed affiliates in conducting merchant media, or government-mandated 3 The Board’s proposed rule sets out Alternative banking or investment banking activities disclosures. The fact that the B only.
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The Agencies recognize that in some assets sold without retaining servicing 1. Categories of Nonpublic Personal circumstances a customer does not have rights. Information That a Financial Institution a choice as to the institution with which There will be certain customer May Collect he or she has a customer relationship, relationships (such as obtaining Section 503(b)(2) requires a financial such as when an institution purchases investment advice from a stock broker) the customer’s loan in the secondary institution to inform its customers about that do not present a clear event after market. In these situations, it may not be the categories of nonpublic personal which there is no longer a customer practicable for the institution to provide information that the institution collects. a notice prior to establishing the relationship. The proposed rules The proposed rules implement this customer relationship. The proposed contain an example intended to cover requirement in § l.6(a)(1) and provide rules provide that if a financial these situations, stating that a an example of how to comply with this institution purchases a loan or assumes relationship will no longer be deemed requirement that focuses the notice on a deposit liability from another financial continuing for purposes of the proposed the source of the information collected. institution or in the secondary market rules if the financial institution has not As noted in the example, a financial and the customer does not have a choice communicated with a customer, other institution will satisfy this requirement about the purchase or assumption, the than providing an annual privacy policy if it categorizes the information acquiring financial institution may notice, for a period of 12 consecutive according to the sources, such as provide the initial notice within a months. application information, transaction reasonable time thereafter. The Agencies The Agencies invite comment information, and consumer report invite comment on whether there are generally on whether the examples information. Financial institutions may other similar situations for which an provided in proposed § l.5 are provide more detail about the categories exception is necessary. adequate and on whether the proposed of information collected but are not The Agencies also recognize that standard deeming an account required to do so by the proposed rules. certain consumers may have requested relationship to have terminated after 12 that a financial institution not send 2. Categories of Nonpublic Personal months of no communication is Information That a Financial Institution statements, notices, or other appropriate. The Agencies specifically communications to them, such as in May Disclose request comment on whether, in the certain private banking relationships. example of dormant accounts, the The Agencies request comment on Section 503(a)(1) of the G–L–B Act applicable standard should be the whether and how the rules should requires the financial institution’s initial address these situations with respect to institution’s policies or applicable State and annual notice to provide the notices required by these rules. The law. The Agencies also invite comment information about the categories of Agencies also request comment on on the regulatory burden of providing nonpublic personal information that whether there are other situations where the annual notices and on the methods may be disclosed either to affiliates or providing notice by mail is financial institutions anticipate using to nonaffiliated third parties. impracticable. provide the notices. The proposed rules implement this l § l.5 Annual Notice to Customers § l.6 Information To Be Included in requirement in proposed § .6(a)(2). Required Initial and Annual Notices of Privacy The examples of how to comply with Policies and Practices this rule focus on the content of Section 503 of the G–L–B Act requires information to be disclosed. As stated in a financial institution to provide notices Section 503 of the G–L–B Act the relevant examples, a financial of its privacy policies and practices at identifies the items of information that institution may satisfy this requirement least annually to its customers. The must be included in a financial by categorizing information according to proposed rules implement this institution’s initial and annual notices. source and providing illustrative requirement by requiring a clear and Section 503(a) of the G–L–B Act sets out examples of the content of the conspicuous notice that accurately the general requirement that a financial information. These categories might reflects the privacy policies and institution must provide customers with include application information (such practices then in effect to be provided a notice describing the institution’s as assets and income), identifying at least once during any period of policies and practices with respect to, information (such as name, address, and twelve consecutive months. The rules among other things, disclosing social security number), transaction governing how to provide an initial information (such as information about notice also apply to annual notices. nonpublic personal information to affiliates and nonaffiliated third parties. account activity, account balances, and Section 503(a) of the G–L–B Act Section 503(b) of the Act identifies purchases), and information from requires that the annual notices be consumer reports (such as credit provided ‘‘during the continuation’’ of a certain elements that must be addressed history). customer relationship. To implement in that notice. this requirement, the proposed rules The required content is the same for Financial institutions are free to state that a financial institution is not both the initial and annual notices of provide more detailed information in required to provide annual notices to a privacy policies and practices. While the initial and annual notices if they customer with whom it no longer has a the information contained in the notices choose to do so. Conversely, if a continuing relationship. The examples must be accurate as of the time the financial institution does not disclose, that follow this general rule provide notices are provided, a financial and does not intend to disclose, guidance on when there no longer is a institution may prepare its notices based nonpublic personal information to continuing relationship for purposes of on current and anticipated policies and affiliates or nonaffiliated third parties, the rules. These include, for instance, practices. its initial and annual notices may deposit accounts that are treated as simply state this fact without further dormant by a financial institution, loans The information to be included is as elaboration about categories of that are paid in full or charged off, or follows: information disclosed.
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3. Categories of Affiliates and 4. Information About Former Customers 6. Right to Opt Out Nonaffiliated Third Parties to Whom a Section 503(a)(2) of the Act requires As previously noted, sections Financial Institution Discloses 503(a)(1) and 503(b)(1) of the G–L–B Act Nonpublic Personal Information the financial institution’s initial and annual privacy notices to include the require a financial institution to provide As previously noted, section 503(a) institution’s policies and practices with customers with a notice of its privacy includes a general requirement that a respect to disclosing nonpublic personal policies and practices concerning, among other things, disclosing financial institution provide a notice to information of persons who have ceased nonpublic personal information its customers of the institution’s policies to be customers of the institution. consistent with section 502 of the Act. and practices with respect to disclosing Section 503(b)(1)(B) requires that this information be provided with respect to The proposed rules implement this nonpublic personal information to requirement, in proposed § l.6(a)(6), by affiliates and nonaffiliated third parties. information disclosed to nonaffiliated third parties. requiring the initial and annual notices Section 503(b) states that the notice to explain the right to opt out of required by section 503(a) shall include The Agencies have concluded that, disclosures of nonpublic personal certain specified items. Among those is when read together, sections 503(a)(2) information to nonaffiliated third the requirement, set out in section and 503(b)(1)(B) require a financial parties, including the methods available 503(b)(1), that a financial institution institution to include in the initial and to exercise that right. inform its customers about its policies annual notices the institution’s policies and practices with respect to disclosing and practices with respect to sharing 7. Disclosures Made Under the Fair nonpublic personal information to information about former customers Credit Reporting Act (FCRA) nonaffiliated third parties. The Agencies with all affiliates and nonaffiliated third Section 503(b)(4) of the G–L–B Act believe that, when read together, parties. This requirement is set out in requires a financial institution’s initial sections 503(a) and 503(b) of the G–L– the proposed rules at § l.6(a)(4). This and annual notice to include the B Act require a financial institution’s requirement does not require a financial disclosures required, if any, under notice to address disclosures of institution to provide a notice and section 603(d)(2)(A)(iii) of the FCRA. nonpublic personal information to both opportunity to opt out to a former Section 603(d)(2)(A)(iii) excludes from affiliates and nonaffiliated third parties. customer before sharing nonpublic the definition of ‘‘consumer report’’ the personal information about that former communication of certain consumer The proposed rules implement this customer with an affiliate. information among affiliated entities if requirement in § l.6(a)(3). The example the consumer is notified about the illustrating how a financial institution 5. Information Disclosed to Service disclosure of such information and may comply with the rules states that a Providers given an opportunity to opt out of that financial institution will adequately information sharing. The information categorize the affiliates and Section 502(b)(2) of the G–L–B Act permits a financial institution to that can be shared among affiliates nonaffiliated third parties to whom it under this provision includes, for discloses nonpublic personal disclose nonpublic personal information about a consumer to a nonaffiliated instance, information from consumer information about consumers if it reports and applications for financial identifies the types of businesses in third party for the purpose of the third party performing services for the products or services. In general, this which they engage. Types of businesses information represents personal may be described by general terms, such institution, including marketing financial products or services under a information provided directly by the as financial products or services, if the consumer to the institution, such as financial institution provides joint agreement between the financial institution and at least one other income and social security number, in illustrative examples of the significant addition to information contained lines of businesses of the recipient, such financial institution. In this case, a consumer has no right to opt out, but within credit bureau reports. as retail banking, mortgage lending, life the financial institution must inform the The proposed rules implement insurance, or securities brokerage. consumer that it will be disclosing the section 503(b)(4) of the G–L–B Act by The G–L–B Act does not require a information in question unless the including the requirement that a financial institution’s initial and annual financial institution to list the categories service falls within one of the notice include any disclosures a of persons to whom information may be exceptions listed in section 502(e) of the financial institution makes under disclosed pursuant to one of the Act. exceptions set out in proposed §§l.10 section 603(d)(2)(A)(iii) of the FCRA. The proposed rules implement these and l.11. The proposed rules state that provisions, in § l.6(a)(5), by requiring 8. Confidentiality, Security, and a financial institution is required only to that, if a financial institution discloses Integrity inform consumers that it makes nonpublic personal information to a Section 503(a)(3) of the G–L–B Act disclosures as permitted by law to nonaffiliated third party pursuant to the requires the initial and annual notices to nonaffiliated third parties in addition to exception for service providers and joint provide information about a financial those described in the notice. The marketing, the institution is to include institution’s policies and practices with Agencies invite comment on whether in the initial and annual notices a respect to protecting the nonpublic such a notice would be adequate. separate description of the categories of personal information of consumers. If a financial institution does not information that are disclosed and the Section 503(b)(3) of the Act requires the disclose, and does not intend to categories of third parties providing the notices to include the policies that the disclose, nonpublic personal services. A financial institution may institution maintains to protect the information to affiliates or nonaffiliated comply with these requirements by confidentiality and security of third parties, its initial and annual providing the same level of detail in the nonpublic personal information, in notices may simply state this fact notice as is required to satisfy the accordance with section 501 (which without further elaboration about requirements in proposed §§ l.6(a)(2) requires the Agencies to establish categories of third parties. and (3). standards governing the administrative,
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Paragraph (a) of proposed § l.10 sets that it be indicated on a separate l.11 of the proposed rules) describe out those exceptions, making only signature line in a relevant document or when a financial institution may stylistic changes to the statutory text on a distinct Web page, or that it may disclose nonpublic personal information that are intended to make the exceptions be effective for only a limited period of without providing the consumer with easier to read. Paragraph (b) sets out the time. the initial privacy notice and an definition of ‘‘necessary to effect, opportunity to opt out, but those § l.12 Limits on Redisclosure and administer, or enforce’’ that is contained exceptions apply only when the Reuse of Information in section 509(7) of the G–L–B Act, information is used for the specific making only stylistic changes intended Section l.12 of the proposed rules purposes set out in those sections. to clarify the definition. implements the Act’s limitations on Paragraph (a)(2) of proposed § l.12 The exceptions set out in proposed redisclosure and reuse of nonpublic clarifies this limitation on reuse as it § l.10, and the exceptions discussed in personal information about consumers. applies to financial institutions. proposed § l.11, below, do not affect a Section 502(c) of the Act provides that Paragraph (a)(2) provides that a financial institution’s obligation to a nonaffiliated third party that receives financial institution may use nonpublic provide initial notices of its privacy nonpublic personal information from a personal information about a consumer policies and practices prior to the time financial institution shall not, directly that it receives from a nonaffiliated it establishes a customer relationship or indirectly through an affiliate, financial institution in accordance with and annual notices thereafter. Those disclose the information to any person an exception under §§ l.9, l.10, or notices must be provided to all that is not affiliated with either the l.11 only for the purpose of that customers, even if the institution financial institution or the third party, exception. Paragraph (b)(2) applies the intends to disclose the nonpublic unless the disclosure would be lawful if same limits on reuse to any personal information only pursuant to made directly by the financial nonaffiliated third party that receives the exceptions in proposed § l.10. institution. Paragraph (a)(1) sets out the nonpublic personal information from a l Act’s redisclosure limitation as it financial institution. The Agencies § .11 Other exceptions to notice and applies to a financial institution that opt out requirements. request comment on whether proposed receives information from another §§ l.12(a)(2) and l.12(b)(2) would As noted above, section 502(e) nonaffiliated financial institution. restrict a nonaffiliated third party from contains several exceptions to the Paragraph (b)(1) mirrors the provisions using information obtained in requirements that otherwise would of paragraph (a)(1), but applies the accordance with the exceptions in apply to the disclosures of nonpublic redisclosure limits to any nonaffiliated §§ l.9, l.10, and l.11 for purposes personal information to nonaffiliated third party that receives nonpublic beyond the scope of those exceptions if l third parties. Proposed § .11 sets out personal information from a financial the information is not used in a those exceptions that are not made in institution. personally identifiable form. This might connection with the administration, The Act appears to place the occur, for example, in the case of a processing, servicing, and sale of a institution that receives the information credit scoring vendor using information consumer’s account, and makes stylistic into the shoes of the institution that to improve its scoring models. changes intended to clarify the disclosed the information for purposes The Agencies invite comments on the exceptions. of determining whether redisclosures by meaning of the word ‘‘lawful’’ as that One of the exceptions stated in the receiving institution are ‘‘lawful.’’ term is used in section 502(c). The l proposed § .11 is for disclosures made Thus, the Act appears to permit the Agencies specifically solicit comment with the consent or at the direction of receiving institution to redisclose the on whether it would be lawful for a the consumer, provided the consumer information to: (1) An entity to whom nonaffiliated third party to disclose has not revoked the consent. Following the original transferring institution information pursuant to the exception the list of exceptions is an example of could disclose the information pursuant provided in proposed § l.9 of the rules. consent in which a financial institution to one of the exceptions in §§ l.9, Under that exception, a financial that has received an application from a l.10, or ;l.11, or (2) an entity to whom institution must comply with certain consumer for a mortgage loan informs a the original transferring institution requirements before disclosing nonaffiliated insurance company that could have disclosed the information as information to a nonaffiliated third the consumer has applied for a loan so described under its notice of privacy party. Given that the statute and that the insurance company can contact policies and practices, unless the proposed rules impose those the person about homeowner’s consumer has exercised the right to opt requirements on the financial institution insurance. Consent in such a situation out of that disclosure. Because a making the initial disclosure, the would enable the financial institution to consumer can exercise the right to opt Agencies invite comment on whether make the disclosure to the third party out of a disclosure at any time, the Act subsequent disclosures by the third without first providing the initial notice may effectively preclude third parties party could satisfy the requirement that required by § l.4 or the opt out notice that receive information to which the those disclosures be lawful when the required by § l.7, but the disclosure opt out right applies from redisclosing financial institution is not party to the must not exceed the purposes for which the information, except pursuant to one subsequent disclosure. consent was given. The example also l l of the exceptions in §§ .9, .10, or l states that consent may be revoked by a l.11. The Agencies invite comment on § .13 Limits on Sharing of Account consumer at any time by the consumer whether the rules should require a Number Information for Marketing exercising the right to opt out of future financial institution that discloses Purposes disclosures. The Agencies invite nonpublic personal information to a Section 502(d) of the G–L–B Act comment on whether safeguards should nonaffiliated third party to develop prohibits a financial institution from be added to the exception for consent in policies and procedures to ensure that disclosing, other than to a consumer order to minimize the potential for the third party complies with the limits reporting agency, account numbers or consumer confusion. Such safeguards on redisclosure of that information. similar form of access number or access might include, for instance, a Sections 502(b)(2) and 502(e) (as code for a credit card account, deposit requirement that consent be written, implemented by §§ l.9, l.10, and account, or transaction account of a
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Office of the Comptroller of the household purposes from the of the information contained in the Currency institutions listed below. This part does notice if, to the extent applicable, the not apply to information about bank: 12 CFR Chapter I companies or about individuals who (A) Uses a plain-language heading to Authority and Issuance obtain financial products or services for call attention to the notice; For the reasons set out in the joint business purposes. This part applies to (B) Uses a typeface and type size that preamble, the OCC proposes to amend entities for which the Office of the are easy to read; and (C) Provides wide margins and ample chapter I of title 12 of the Code of Comptroller of the Currency has primary supervisory authority. They are line spacing. Federal Regulations by adding a new (iii) If the bank provides a notice on part 40 to read as follows: referred to in this part as ‘‘the bank.’’ These are national banks, District of the same form as another notice or other PART 40ÐPRIVACY OF CONSUMER Columbia banks, Federal branches and document, the bank designs its notice to FINANCIAL INFORMATION Federal agencies of foreign banks, and call attention to the nature and any subsidiaries of such entities except significance of the information Sec. a broker or dealer that is registered contained in the notice if the bank uses: 40.1 Purpose and scope. (A) Larger type size(s), boldface or under the Securities Exchange Act of 40.2 Rule of construction. italics in the text; 40.3 Definitions. 1934, a registered investment adviser (B) Wider margins and line spacing in 40.4 Initial notice to consumers of privacy (with respect to the investment advisory the notice; or policies and practices required. activities of the adviser and activities (C) Shading or sidebars to highlight 40.5 Annual notice to customers required. incidental to those investment advisory the notice, whenever possible. 40.6 Information to be included in initial activities), an investment company (c) Collect means to obtain and annual notices of privacy policies registered under the Investment information that is organized or and practices. Company Act of 1940, an insurance 40.7 Limitation on disclosure of nonpublic retrievable on a personally identifiable personal information about consumers to company that is subject to supervision basis, irrespective of the source of the nonaffiliated third parties. by a State insurance regulator (with underlying information. 40.8 Form and method of providing opt out respect to insurance activities of the (d) Company means any corporation, notice to consumers. company and activities incidental to limited liability company, business 40.9 Exception to opt out requirements for those insurance activities), and an entity trust, general or limited partnership, service providers and joint marketing. that is subject to regulation by the association or similar organization. 40.10 Exceptions to notice and opt out Commodity Futures Trading (e) (1) Consumer means an individual requirements for processing and Commission. who obtains or has obtained a financial servicing transactions. product or service from the bank that is 40.11 Other exceptions to notice and opt § 40.2 Rule of construction. to be used primarily for personal, family out requirements. The examples in this part are not or household purposes, and that 40.12 Limits on redisclosure and reuse of exclusive. Compliance with an example, information. individual’s legal representative. 40.13 Limits on sharing of account number to the extent applicable, constitutes (2) Examples. (i) An individual who information for marketing purposes. compliance with this part. applies to a bank for credit for personal, 40.14 Protection of Fair Credit Reporting family or household purposes is a § 40.3 Definitions. Act. consumer of a financial service, 40.15 Relation to State laws. As used in this part, unless the regardless of whether the credit is 40.16 Effective date; transition rule. context requires otherwise: extended. Authority: 12 U.S.C. 93a; 15 U.S.C. 6801 et (a) Affiliate means any company that (ii) An individual who provides seq. controls, is controlled by, or is under nonpublic personal information to a common control with another company. bank in order to obtain a determination § 40.1 Purpose and scope. (b)(1) Clear and conspicuous means about whether he or she may qualify for (a) Purpose. This part governs the that a notice is reasonably a loan to be used primarily for personal, treatment of nonpublic personal understandable and designed to call family, or household purposes is a information about consumers by the attention to the nature and significance consumer of a financial service, financial institutions listed in paragraph of the information contained in the regardless of whether the loan is (b) of this section. This part: notice. extended by the bank or another (1) Requires a financial institution to (2) Examples. (i) The bank makes it financial institution. provide notice to consumers about its notice reasonably understandable if, to (iii) An individual who provides privacy policies and practices; the extent applicable, the bank: nonpublic personal information to a (2) Describes the conditions under (A) Presents the information bank in connection with obtaining or which a financial institution may contained in the notice in clear, concise seeking to obtain financial, investment disclose nonpublic personal information sentences, paragraphs and sections; or economic advisory services is a about consumers to nonaffiliated third (B) Uses short explanatory sentences consumer regardless of whether the parties; and and bullet lists, whenever possible; bank establishes an ongoing advisory (3) Provides a method for consumers (C) Uses definite, concrete, everyday relationship. to prevent a financial institution from words and active voice, whenever (iv) An individual who negotiates a disclosing that information to certain possible; workout with a bank for a loan that the nonaffiliated third parties by ‘‘opting (D) Avoids multiple negatives; bank owns is a consumer regardless of out’’ of that disclosure, subject to the (E) Avoids legal and highly technical whether the bank originally extended exceptions in §§ 40.9, 40.10, and 40.11. business terminology; and the loan to the individual. (b) Scope. The rules established by (F) Avoids boilerplate explanations (v) An individual who has a loan from this part apply only to nonpublic that are imprecise and readily subject to a bank is the bank’s consumer even if personal information about individuals different interpretations. the bank: who obtain financial products or (ii) The bank designs its notice to call (A) Hires an agent to collect on the services for personal, family or attention to the nature and significance loan;
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(B) Sells the rights to service the loan; purchasing a cashier’s check or money (8) A State insurance authority, with or order; respect to any person domiciled in that (C) Bought the loan from the financial (B) The bank sells the consumer’s insurance authority’s State that is institution that originated the loan. loan and does not retain the rights to engaged in providing insurance; and (vi) An individual is not a bank’s service that loan; or (9) The Federal Trade Commission. consumer solely because the bank (C) The bank sells the consumer (m) (1) Nonaffiliated third party processes information about the airline tickets, travel insurance or means any person except: individual on behalf of a financial traveler’s checks in an isolated (i) A bank’s affiliate; or institution that extended the loan to the transaction. (ii) A person employed jointly by a individual. (j) (1) Financial institution means any bank and any company that is not the (f) Consumer reporting agency has the institution the business of which is bank’s affiliate (but nonaffiliated third same meaning as in section 603(f) of the engaging in activities that are financial party includes the other company that Fair Credit Reporting Act (15 U.S.C. in nature or incidental to such financial jointly employs the person). 1681a(f)). activities as described in section 4(k) of (2) Nonaffiliated third party includes (g) Control of a company means: the Bank Holding Company Act of 1956 any company that is an affiliate by (1) Ownership, control, or power to (12 U.S.C. 1843(k)). virtue of the direct or indirect vote 25 percent or more of the (2) Financial institution does not ownership or control of the company by outstanding shares of any class of voting include: the financial institution or any affiliate security of the company, directly or (i) Any person or entity with respect of the financial institution in indirectly, or acting through one or to any financial activity that is subject conducting merchant banking or more other persons; to the jurisdiction of the Commodity investment banking activities of the type (2) Control in any manner over the Futures Trading Commission under the described in section 4(k)(4)(H) or election of a majority of the directors, Commodity Exchange Act (7 U.S.C. 1 et insurance company investment trustees or general partners (or seq.); activities of the type described in individuals exercising similar functions) (ii) The Federal Agricultural Mortgage section 4(k)(4)(I) of the Bank Holding of the company; or Corporation or any entity chartered and Company Act (12 U.S.C. 1843(k)(4)(H) (3) The power to exercise, directly or operating under the Farm Credit Act of and (I)). indirectly, a controlling influence over 1971 (12 U.S.C. 2001 et seq.); or (iii) Institutions chartered by Congress Alternative A the management or policies of the specifically to engage in securitizations, (n) (1) Nonpublic personal company, as determined by the OCC. information means: (h) Customer means a consumer who secondary market sales (including sales (i) Personally identifiable financial has a customer relationship with a bank. of servicing rights) or similar transactions related to a transaction of a information; and (i) (1) Customer relationship means a (ii) Any list, description or other continuing relationship between a consumer, as long as such institutions do not sell or transfer nonpublic grouping of consumers (and publicly consumer and a bank under which the available information pertaining to bank provides one or more financial personal information to a nonaffiliated third party. them) that is derived using any products or services to the consumer (k) (1) Financial product or service personally identifiable financial that are to be used primarily for means any product or service that a information. personal, family, or household financial holding company could offer (2) Nonpublic personal information purposes. by engaging in an activity that is does not include any list, description, or (2) Examples. (i) A consumer has a financial in nature or incidental to such other grouping of consumers (and continuing relationship with a bank if a financial activity under section 4(k) of publicly available information the consumer: the Bank Holding Company Act of 1956 pertaining to them) that is derived (A) Has a deposit, credit, trust or (12 U.S.C. 1843(k)). without using any personally investment account with the bank; (2) Financial service includes a bank’s identifiable financial information. (B) Purchases an insurance product evaluation, brokerage or distribution of (3) Example. Nonpublic personal from the bank; information that the bank collects in information includes any list of (C) Holds an investment product connection with a request or an individuals’ street addresses and through the bank; application from a consumer for a telephone numbers that is derived using (D) Enters into an agreement or financial product or service. any information consumers provide to understanding with the bank whereby (l) Government regulator means: you on an application for a financial the bank undertakes to arrange or broker (1) The Board of Governors of the product or service. a home mortgage loan for the consumer; Federal Reserve System; (o) (1) Personally identifiable (E) Has a loan that the bank services (2) The Office of the Comptroller of financial information means any where the bank owns the servicing the Currency; information: rights; (3) The Board of Directors of the (i) Provided by a consumer to a bank (F) Enters into a lease of personal Federal Deposit Insurance Corporation; to obtain a financial product or service property with the bank; or (4) The Director of the Office of Thrift from the bank; (G) Obtains financial, investment or Supervision; (ii) Resulting from any transaction economic advisory services from the (5) The National Credit Union involving a financial product or service bank for a fee. Administration Board; between a bank and a consumer; or (ii) A consumer does not, however, (6) The Securities and Exchange (iii) The bank otherwise obtains about have a continuing relationship with a Commission; a consumer in connection with bank if: (7) The Secretary of the Treasury, providing a financial product or service (A) The consumer only obtains a with respect to 31 U.S.C. Chapter 53, to that consumer, other than publicly financial product or service in an Subchapter II (Records and Reports on available information. isolated transaction, such as Monetary Instruments and Transactions) (2) Examples. (i) Personally withdrawing cash from the bank’s and 12 U.S.C. Chapter 21 (Financial identifiable financial information automated teller machine (ATM) or Recordkeeping); includes:
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(A) Information a consumer provides (i) Publicly available information, (ii) Widely distributed media; or to a bank on an application to obtain a except as provided in paragraph (iii) Disclosures to the general public loan, credit card, insurance or other (n)(1)(ii) of this section; or that are required to be made by Federal, financial product or service, including, (ii) List, description, or other grouping State or local law. among other things, medical of consumers (and publicly available (2) Examples—(i) Government information; information pertaining to them) that is records. Publicly available information (B) Account balance information, derived without using any personally contained in government records payment history, overdraft history, and identifiable financial information. includes information contained in credit or debit card purchase (3) Example. Nonpublic personal government real estate records and information; information includes any list of security interest filings. (C) The fact that an individual is or individuals’ street addresses and (ii) Widely distributed media. Publicly has been one of a bank’s customers or telephone numbers that is derived using available information from widely has obtained a financial product or personally identifiable financial distributed media includes information service from the bank, unless that fact information, such as account numbers. from a telephone book, a television or is derived using only publicly available (o) (1) Personally identifiable radio program, a newspaper or an information, such as government real financial information means any Internet site that is available to the estate records or bankruptcy records; information: general public without requiring a (D) Other information about a bank’s (i) Provided by a consumer to a bank password or similar restriction. consumer if it is disclosed in a manner to obtain a financial product or service that indicates the individual is or has § 40.4 Initial notice to consumers of from the bank; privacy policies and practices required. been the bank’s consumer; (ii) About a consumer resulting from (a) When initial notice is required. A (E) Any information provided by a any transaction involving a financial bank must provide a clear and consumer or otherwise obtained by the product or service between the bank and bank or its agent in connection with conspicuous notice that accurately a consumer; or reflects the bank’s privacy policies and collecting on a loan or servicing a loan; (iii) The bank otherwise obtains about practices to: and a consumer in connection with (F) Information from a consumer (1) An individual who becomes the providing a financial product or service bank’s customer, prior to the time that report. to that consumer. (ii) Personally identifiable financial the bank establishes a customer (2) Examples. (i) Personally relationship, except as provided in information does not include a list of identifiable financial information names and addresses of customers of an paragraph (d)(2) of this section; and includes: (2) A consumer, prior to the time that entity that is not a financial institution. (A) Information a consumer provides (p) (1) Publicly available information a bank discloses any nonpublic personal to a bank on an application to obtain a information about the consumer to any means any information that is lawfully loan, credit card, insurance or other made available to the general public that nonaffiliated third party, if the bank financial product or service, including, makes such a disclosure other than as is obtained from: among other things, medical (i) Federal, State or local government authorized by §§ 40.10 and 40.11. information; records; (b) When initial notice to a consumer (ii) Widely distributed media; or (B) Account balance information, is not required. The bank is not required (iii) Disclosures to the general public payment history, overdraft history, and to provide an initial notice to a that are required to be made by Federal, credit or debit card purchase consumer under paragraph (a)(1) of this State or local law. information; section if: (2) Examples—(i) Government (C) The fact that an individual is or (1) The bank does not disclose any records. Publicly available information has been one of the bank’s customers or nonpublic personal information about contained in government records has obtained a financial product or the consumer to any nonaffiliated third includes information contained in service from the bank, unless that fact party, other than as authorized by government real estate records and is derived using only publicly available §§ 40.10 and 40.11; and security interest filings. information, such as government real (2) The bank does not have a customer (ii) Widely distributed media. Publicly estate records or bankruptcy records; relationship with the consumer. available information from widely (D) Other information about a bank’s (c) When the bank establishes a distributed media includes information consumer if it is disclosed in a manner customer relationship—(1) General rule. from a telephone book, a television or that indicates the individual is or has A bank establishes a customer radio program, a newspaper or an been the bank’s consumer; relationship at the time the bank and the Internet site that is available to the (E) Any information provided by a consumer enter into a continuing general public without requiring a consumer or otherwise obtained by a relationship. password or similar restriction. bank or its agent in connection with (2) Examples. The bank establishes a collecting on a loan or servicing a loan; customer relationship when the Alternative B and consumer: (n) (1) Nonpublic personal (F) Information from a consumer (i) Opens a credit card account with information means: report. the bank; (i) Personally identifiable financial (ii) Personally identifiable financial (ii) Executes the contract to open a information; and information does not include a list of deposit account with the bank, obtains (ii) Any list, description or other names and addresses of customers of an credit from the bank, or purchases grouping of consumers (and publicly entity that is not a financial institution. insurance from the bank; available information pertaining to (p) (1) Publicly available information (iii) Agrees to obtain financial, them) that is derived using any means any information that is lawfully economic or investment advisory personally identifiable financial made available to the general public services from the bank for a fee; or information. from: (iv) Becomes the bank’s client for the (2) Nonpublic personal information (i) Federal, State or local government purpose of the bank providing credit does not include any: records; counseling or tax preparation services.
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(d) How to provide notice—(1) advertisements of its privacy policies the consumer about the relationship for General rule. A bank must provide the and practices; a period of 12 consecutive months, privacy notice required by paragraph (a) (B) Sends the notice via electronic other than to provide annual notices of of this section so that each consumer mail to a consumer who obtains a privacy policies and practices. can reasonably be expected to receive financial product or service from the actual notice in writing or, if the bank in person or through the mail and § 40.6 Information to be included in initial and annual notices of privacy policies and consumer agrees, in electronic form. who does not agree to receive the notice practices. (2) Exceptions to allow subsequent electronically. (a) General rule. The initial and delivery of notice. The bank may (iii) A bank provides the initial annual notices that a bank provides provide the initial notice required by privacy notice to the customer so that it about its privacy policies and practices paragraph (a)(1) of this section within a can be retained or obtained at a later under §§ 40.4 and 40.5 must include reasonable time after it establishes a time if the bank: each of the following items of customer relationship if: (A) Hand-delivers a printed copy of information: (i) The bank purchases a loan or the notice to the customer; (1) The categories of nonpublic assumes a deposit liability from another (B) Mails a printed copy of the notice personal information about the bank’s financial institution and the customer of to the last known address of the consumers that the bank collects; that loan or deposit account does not customer upon request of the customer; or (2) The categories of nonpublic have a choice about the bank’s purchase personal information about the bank’s or assumption; or (C) Maintains the notice on a web site (or a link to another web site) for the consumers that the bank discloses; (ii) The bank and the consumer orally (3) The categories of affiliates and agree to enter into a customer customer who obtains a financial product or service electronically and nonaffiliated third parties to whom the relationship and the consumer agrees to bank discloses nonpublic personal receive the notice thereafter. who agrees to receive the notice electronically. information about its consumers, other (3) Oral description of notice than those parties to whom the bank insufficient. The bank may not provide § 40.5 Annual notice to customers discloses information under §§ 40.10 the initial notice required by paragraph required. and 40.11; (a) of this section solely by orally (a) General rule. A bank must provide (4) The categories of nonpublic explaining, either in person or over the a clear and conspicuous notice to personal information about the bank’s telephone, the bank’s privacy policies customers that accurately reflects the former customers that it discloses and and practices. bank’s privacy policies and practices the categories of affiliates and (4) Retention or accessibility of initial not less than annually during the nonaffiliated third parties to whom the notice for customers. For customers continuation of the customer bank discloses nonpublic personal only, the bank must provide the initial relationship. Annually means at least information about its former customers, notice required by paragraph (a)(1) of once in any period of 12 consecutive other than those parties to whom it this section so that it can be retained or months during which that relationship discloses information under §§ 40.10 obtained at a later time by the customer, exists. and 40.11; in a written form or, if the customer (b) How to provide notice. A bank (5) If the bank discloses nonpublic agrees, in electronic form. must provide the annual notice required personal information to a nonaffiliated (5) Examples. (i) A bank may by paragraph (a) of this section to a third party under § 40.9 (and no other reasonably expect that a consumer will customer using a means permitted for exception applies to that disclosure), a receive actual notice of its privacy providing the initial notice to that separate description of the categories of policies and practices if the bank: customer under § 40.4(d). information the bank discloses and the (A) Hand-delivers a printed copy of (c) (1) Termination of customer categories of third parties with whom the notice to the consumer; relationship. A bank is not required to the bank has contracted; (B) Mails a printed copy of the notice provide an annual notice to a customer (6) An explanation of the right under to the last known address of the with whom the bank no longer has a § 40.8(a) of the consumer to opt out of consumer; continuing relationship. the disclosure of nonpublic personal (C) For the consumer who conducts (2) Examples. A bank no longer has a information to nonaffiliated third transactions electronically, posts the continuing relationship with an parties, including the methods by which notice on the electronic site and individual if: the consumer may exercise that right; requires the consumer to acknowledge (i) In the case of a deposit account, the (7) Any disclosures that the bank receipt of the notice as a necessary step account is dormant under the bank’s makes under section 603(d)(2)(A)(iii) of to obtaining a particular financial policies; the Fair Credit Reporting Act (15 U.S.C. product or service; (ii) In the case of a closed-end loan, 1681a(d)(2)(A)(iii)) (that is, notices (D) For an isolated transaction with the consumer pays the loan in full, the regarding the ability to opt out of the consumer, such as an ATM bank charges off the loan, or the bank disclosures of information among transaction, posts the notice on the sells the loan without retaining affiliates); and ATM screen and requires the consumer servicing rights; (8) The bank’s policies and practices to acknowledge receipt of the notice as (iii) In the case of a credit card with respect to protecting the a necessary step to obtaining the relationship or other open-end credit confidentiality, security, and integrity of particular financial product or service. relationship, the bank no longer nonpublic personal information. (ii) A bank may not, however, provides any statements or notices to (b) Description of nonaffiliated third reasonably expect that a consumer will the consumer concerning that parties subject to exceptions. If a bank receive actual notice of the bank’s relationship or the bank sells the credit discloses nonpublic personal privacy policies and practices if the card receivables without retaining information about a consumer to third bank: servicing rights; or parties as authorized under §§ 40.10 and (A) Only posts a sign in its branch or (iv) For other types of relationships, 40.11, the bank is not required to list office or generally publishes the bank has not communicated with those exceptions in the initial or annual
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(vi) An individual is not your (j) (1) Financial institution means any (ii) A person employed jointly by you consumer solely because you process institution the business of which is and any company that is not your information about the individual on engaging in activities that are financial affiliate (but nonaffiliated third party behalf of a financial institution that in nature or incidental to such financial includes the other company that jointly extended the loan to the individual. activities as described in section 4(k) of employs the person). (f) Consumer reporting agency has the the Bank Holding Company Act of 1956 (2) Nonaffiliated third party includes same meaning as in section 603(f) of the (12 U.S.C. 1843(k)). any company that is an affiliate by Fair Credit Reporting Act (15 U.S.C. (2) Financial institution does not virtue of the direct or indirect 1681a(f)). include: ownership or control of the company by (g) Control of a company means: (i) Any person or entity with respect the financial institution or any affiliate (1) Ownership, control, or power to to any financial activity that is subject of the financial institution in vote 25 percent or more of the to the jurisdiction of the Commodity conducting merchant banking or outstanding shares of any class of voting Futures Trading Commission under the investment banking activities of the type security of the company, directly or Commodity Exchange Act (7 U.S.C. 1 et described in section 4(k)(4)(H) or indirectly, or acting through one or seq.); insurance company investment more other persons; (ii) The Federal Agricultural Mortgage activities of the type described in (2) Control in any manner over the Corporation or any entity chartered and section 4(k)(4)(I) of the Bank Holding election of a majority of the directors, operating under the Farm Credit Act of Company Act (12 U.S.C. 1843(k)(4)(H) trustees or general partners (or 1971 (12 U.S.C. 2001 et seq.); or and (I)). individuals exercising similar functions) (iii) Institutions chartered by Congress (n) (1) Nonpublic personal of the company; or specifically to engage in securitizations, information means: (3) The power to exercise, directly or secondary market sales (including sales (i) Personally identifiable financial indirectly, a controlling influence over of servicing rights) or similar information; and the management or policies of the transactions related to a transaction of a (ii) Any list, description or other company, as determined by the Board. consumer, as long as such institutions grouping of consumers (and publicly (h) Customer means a consumer who do not sell or transfer nonpublic available information pertaining to has a customer relationship with you. personal information to a nonaffiliated them) that is derived using any (i)(1) Customer relationship means a third party. personally identifiable financial continuing relationship between a (k) (1) Financial product or service information. consumer and you under which you means any product or service that a (2) Nonpublic personal information provide one or more financial products financial holding company could offer does not include: or services to the consumer that are to by engaging in an activity that is (i) Publicly available information, be used primarily for personal, family or financial in nature or incidental to such except as provided in paragraph household purposes. a financial activity under section 4(k) of (n)(1)(ii) of this section; or (2) Examples. (i) A consumer has a the Bank Holding Company Act of 1956 (ii) Any list, description, or other continuing relationship with you if the (12 U.S.C. 1843(k)). grouping of consumers (and publicly consumer: (2) Financial service includes your available information pertaining to (A) Has a deposit, credit, trust or evaluation, brokerage or distribution of them) that is derived without using any investment account with you; information that you collect in personally identifiable financial (B) Purchases an insurance product connection with a request or an information. from you; application from a consumer for a (3) Example. Nonpublic personal (C) Holds an investment product financial product or service. information includes any list of through you; (l) Government regulator means: individuals’ street addresses and (D) Enters into an agreement or (1) The Board of Governors of the telephone numbers that is derived using understanding with you whereby you Federal Reserve System; personally identifiable financial undertake to arrange or broker a home (2) The Office of the Comptroller of information, such as account numbers. mortgage loan for the consumer; the Currency; (o) (1) Personally identifiable (E) Has a loan that you service where (3) The Board of Directors of the financial information means any you own the servicing rights; Federal Deposit Insurance Corporation; information: (F) Enters into a lease of personal (4) The Director of the Office of Thrift (i) Provided by a consumer to you to property with you; or Supervision; obtain a financial product or service (G) Obtains financial, investment or (5) The National Credit Union from you; economic advisory services from you for Administration Board; (ii) About a consumer resulting from a fee. (6) The Securities and Exchange any transaction involving a financial (ii) A consumer does not, however, Commission; product or service between you and a have a continuing relationship with you (7) The Secretary of the Treasury, consumer; or if: with respect to 31 U.S.C. Chapter 53, (iii) You otherwise obtain about a (A) The consumer only obtains a Subchapter II (Records and Reports on consumer in connection with providing financial product or service in an Monetary Instruments and Transactions) a financial product or service to that isolated transaction, such as and 12 U.S.C. Chapter 21 (Financial consumer. withdrawing cash from your ATM or Recordkeeping); (2) Examples. (i) Personally purchasing a cashier’s check or money (8) A State insurance authority, with identifiable financial information order; respect to any person domiciled in that includes: (B) You sell the consumer’s loan and insurance authority’s State that is (A) Information a consumer provides do not retain the rights to service that engaged in providing insurance; and to you on an application to obtain a loan; or (9) The Federal Trade Commission. loan, credit card, insurance or other (C) You sell the consumer airline (m) (1) Nonaffiliated third party financial product or service, including, tickets, travel insurance or traveler’s means any person except: among other things, medical checks in an isolated transaction. (i) Your affiliate; or information;
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(B) Account balance information, (v) Investment company, as defined in (iv) Becomes your client for the payment history, overdraft history, and 15 U.S.C. 80a–3; or purpose of your providing credit credit or debit card purchase (vi) Investment adviser, as defined in counseling or tax preparation services. information; 15 U.S.C. 80b–2(a)(11); (d) How to provide notice—(1) (C) The fact that an individual is or (4) A State agency or State branch of General rule. You must provide the has been one of your customers or has a foreign bank, as those terms are privacy notice required by paragraph (a) obtained a financial product or service defined in 12 U.S.C. 3101(b)(11) and of this section so that each consumer from you, unless that fact is derived (12), the deposits of which agency or can reasonably be expected to receive using only publicly available branch are not insured by the Federal actual notice in writing or, if the information, such as government real Deposit Insurance Corporation; consumer agrees, in electronic form. estate records or bankruptcy records; (5) A commercial lending company, (2) Exceptions to allow subsequent (D) Other information about your as defined in 12 CFR 211.21(f), that is delivery of notice. You may provide the consumer if it is disclosed in a manner owned or controlled by a foreign bank, initial notice required by paragraph that indicates the individual is or has as defined in 12 CFR 211.21(m); or (a)(1) of this section within a reasonable been your consumer; (6) A corporation organized under time after you establish a customer (E) Any information provided by a section 25A of the Federal Reserve Act relationship if: consumer or otherwise obtained by you (12 U.S.C. 611–631) or a corporation (i) You purchase a loan or assume a or your agent in connection with having an agreement or undertaking deposit liability from another financial collecting on a loan or servicing a loan; institution and the customer of that loan and with the Board under section 25 of the or deposit account does not have a (F) Information from a consumer Federal Reserve Act (12 U.S.C. 601– choice about your purchase or report. 604a). (ii) Personally identifiable financial assumption; or § 216.4 Initial notice to consumers of (ii) You and the consumer orally agree information does not include a list of privacy policies and practices required. names and addresses of customers of an to enter into a customer relationship (a) When initial notice is required. entity that is not a financial institution. and the consumer agrees to receive the (p) (1) Publicly available information You must provide a clear and notice thereafter. means any information that is lawfully conspicuous notice that accurately (3) Oral description of notice made available to the general public reflects your privacy policies and insufficient. You may not provide the from: practices to: initial notice required by paragraph (a) (i) Federal, State or local government (1) An individual who becomes your of this section solely by orally records; customer, prior to the time that you explaining, either in person or over the (ii) Widely distributed media; or establish a customer relationship, telephone, your privacy policies and (iii) Disclosures to the general public except as provided in paragraph (d)(2) practices. that are required to be made by Federal, of this section; and (4) Retention or accessibility of initial State or local law. (2) A consumer, prior to the time that notice for customers. For customers (2) Examples—(i) Government you disclose any nonpublic personal only, you must provide the initial notice records. Publicly available information information about the consumer to any required by paragraph (a)(1) of this contained in government records nonaffiliated third party, if you make section so that it can be retained or includes information contained in such a disclosure other than as obtained at a later time by the customer, government real estate records and authorized by §§ 216.10 and 216.11. in a written form or, if the customer security interest filings. (b) When initial notice to a consumer agrees, in electronic form. (ii) Widely distributed media. Publicly is not required. You are not required to (5) Examples. (i) You may reasonably available information from widely provide an initial notice to a consumer expect that a consumer will receive distributed media includes information under paragraph (a)(1) of this section if: actual notice of your privacy policies from a telephone book, a television or (1) You do not disclose any nonpublic and practices if you: radio program, a newspaper or an personal information about the (A) Hand-deliver a printed copy of the Internet site that is available to the consumer to any nonaffiliated third notice to the consumer; general public without requiring a party, other than as authorized by (B) Mail a printed copy of the notice password or similar restriction. §§ 216.10 and 216.11; and to the last known address of the (q) You means: (2) You do not have a customer consumer; (1) A State member bank, as defined relationship with the consumer. (C) For the consumer who conducts in 12 CFR 208.3(g) and its subsidiaries; (c) When you establish a customer (2) A bank holding company, as transactions electronically, post the relationship—(1) General rule. You defined in 12 CFR 225.2(c); notice on the electronic site and require (3) A subsidiary (as defined in 12 CFR establish a customer relationship at the the consumer to acknowledge receipt of 225.2(o)) or affiliate of a bank holding time you and the consumer enter into a the notice as a necessary step to company, except for a: continuing relationship. obtaining a particular financial product (i) National bank or a State bank that (2) Examples. You establish a or service; is not a member of the Federal Reserve customer relationship when the (D) For an isolated transaction with System; consumer: the consumer, such as an ATM (ii) Broker, as defined in 15 U.S.C. (i) Opens a credit card account with transaction, post the notice on the ATM 78c(a)(4); you; screen and require the consumer to (iii) Dealer, as defined in 15 U.S.C. (ii) Executes the contract to open a acknowledge receipt of the notice as a 78c(a)(5); deposit account with you, obtains credit necessary step to obtaining the (iv) Person, to the extent that person from you, or purchases insurance from particular financial product or service. is engaged in the business of insurance you; (ii) You may not, however, reasonably in a State as principal or agent and (iii) Agrees to obtain financial, expect that a consumer will receive required to be licensed by the economic or investment advisory actual notice of your privacy policies appropriate State insurance authority; services from you for a fee; and practices if you:
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(A) Only post a sign in your branch than to provide annual notices of disclosures to other nonaffiliated third or office or generally publish privacy policies and practices. parties as permitted by law. advertisements of your privacy policies (c) Future disclosures. Your notice and practices; § 216.6 Information to be included in initial may include: and annual notices of privacy policies and (1) Categories of nonpublic personal (B) Send the notice via electronic mail practices. to a consumer who obtains a financial information that you reserve the right to product or service with you in person or (a) General rule. The initial and disclose in the future, but do not through the mail and who does not annual notices that you provide about currently disclose; and agree to receive the notice your privacy policies and practices (2) Categories of affiliates or electronically. under §§ 216.4 and 216.5 must include nonaffiliated third parties to whom you (iii) You provide the initial privacy each of the following items of reserve the right in the future to notice to the customer so that it can be information: disclose, but to whom you do not retained or obtained at a later time if (1) The categories of nonpublic currently disclose, nonpublic personal you: personal information about your information. (A) Hand-deliver a printed copy of the consumers that you collect; (d) Examples—(1) Categories of notice to the customer; (2) The categories of nonpublic nonpublic personal information that (B) Mail a printed copy of the notice personal information about your you collect. You adequately categorize to the last known address of the consumers that you disclose; the nonpublic personal information you customer upon request of the customer; (3) The categories of affiliates and collect if you categorize it according to (C) Maintain the notice on a web site nonaffiliated third parties to whom you the source of the information, such as (or a link to another web site) for the disclose nonpublic personal information application information, information customer who obtains a financial about your consumers, other than those about transactions (such as information product or service electronically and parties to whom you disclose regarding your deposit, loan, or credit who agrees to receive the notice information under §§ 216.10 and 216.11; card account), and consumer reports. electronically. (4) The categories of nonpublic (2) Categories of nonpublic personal personal information about your former information you disclose. You § 216.5 Annual notice to customers customers that you disclose and the adequately categorize nonpublic required. categories of affiliates and nonaffiliated personal information you disclose if you (a) General rule. You must provide a third parties to whom you disclose categorize it according to source, and clear and conspicuous notice to nonpublic personal information about provide a few illustrative examples of customers that accurately reflects your your former customers, other than those the content of the information. These privacy policies and practices not less parties to whom you disclose might include application information, than annually during the continuation information under §§ 216.10 and 216.11; such as assets and income; identifying of the customer relationship. Annually (5) If you disclose nonpublic personal information, such as name, address, and means at least once in any period of 12 information to a nonaffiliated third social security number; and transaction consecutive months during which that party under § 216.9 (and no other information, such as information about relationship exists. exception applies to that disclosure), a account balance, payment history, (b) How to provide notice. You must separate description of the categories of parties to the transaction, and credit provide the annual notice required by information you disclose and the card usage; and information from paragraph (a) of this section to a categories of third parties with whom consumer reports, such as a consumer’s customer using a means permitted for you have contracted; creditworthiness and credit history. You providing the initial notice to that (6) An explanation of the right under do not adequately categorize the customer under § 216.4(d). § 216.8(a) of the consumer to opt out of information that you disclose if you use (c)(1) Termination of customer the disclosure of nonpublic personal only general terms, such as transaction relationship. You are not required to information to nonaffiliated third information about the consumer. provide an annual notice to a customer parties, including the methods by which (3) Categories of affiliates and with whom you no longer have a the consumer may exercise that right; nonaffiliated third parties to whom you continuing relationship. (7) Any disclosures that you make disclose. You adequately categorize the (2) Examples. You no longer have a under section 603(d)(2)(A)(iii) of the affiliates and nonaffiliated third parties continuing relationship with an Fair Credit Reporting Act (15 U.S.C. to whom you disclose nonpublic individual if: 1681a(d)(2)(A)(iii)) (that is, notices personal information about consumers if (i) In the case of a deposit account, the regarding the ability to opt out of you identify the types of businesses that account is dormant under the bank’s disclosures of information among they engage in. Types of businesses may policies; affiliates); and be described by general terms only if (ii) In the case of a closed-end loan, (8) Your policies and practices with you use a few illustrative examples of the consumer pays the loan in full, you respect to protecting the confidentiality, significant lines of business. For charge off the loan, or you sell the loan security and integrity of nonpublic example, you may use the term financial without retaining servicing rights; personal information. products or services if you include (iii) In the case of a credit card (b) Description of nonaffiliated third appropriate examples of significant relationship or other open-end credit parties subject to exceptions. If you lines of businesses, such as consumer relationship, you no longer provide any disclose nonpublic personal information banking, mortgage lending, life statements or notices to the consumer about a consumer to third parties as insurance or securities brokerage. You concerning that relationship or you sell authorized under §§ 216.10 and 216.11, also may categorize the affiliates and the credit card receivables without you are not required to list those nonaffiliated third parties to whom you retaining servicing rights; or exceptions in the initial or annual disclose nonpublic personal information (iv) For other types of relationships, privacy notices required by §§ 216.4 and about consumers using more detailed you have not communicated with the 216.5. When describing the categories categories. consumer about the relationship for a with respect to those parties, you are (4) Simplified notices. If you do not period of 12 consecutive months, other only required to state that you make disclose, and do not intend to disclose,
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(A) Disclose a new category of § 216.4(a)(2), the opt out in §§ 216.7 and (A) The authorization, billing, nonpublic personal information to any 216.8 and service providers and joint processing, clearing, transferring, nonaffiliated third party; or marketing in § 216.9 do not apply if you reconciling or collection of amounts (B) Disclose nonpublic personal disclose nonpublic personal charged, debited, or otherwise paid information to a new category of information: using a debit, credit or other payment nonaffiliated third party. (1) As necessary to effect, administer, card, check or account number, or by (ii) A change-in-terms notice is not or enforce a transaction requested or other payment means; required if you disclose nonpublic authorized by the consumer; (B) The transfer of receivables, personal information to a new (2) To service or process a financial accounts or interests therein; or nonaffiliated third party that is product or service requested or (C) The audit of debit, credit or other adequately described by your prior authorized by the consumer; payment information. notice. (3) To maintain or service the § 216.11 Other exceptions to notice and (d) Continuing right to opt out. A consumer’s account with you, or with opt out requirements. consumer may exercise the right to opt another entity as part of a private label (a) Exceptions to opt out out at any time, and you must comply credit card program or other extension requirements. The requirements for with the consumer’s direction as soon as of credit on behalf of such entity; or initial notice to consumers in reasonably practicable. (4) In connection with a proposed or § 216.4(a)(2), the opt out in §§ 216.7 and (e) Duration of consumer’s opt out actual securitization, secondary market 216.8, and service providers and joint direction. A consumer’s direction to opt sale (including sales of servicing rights) marketing in § 216.9 do not apply when out under this section is effective until or similar transaction related to a you disclose nonpublic personal revoked by the consumer in writing, or transaction of the consumer. information: if the consumer agrees, in electronic (b) Necessary to effect, administer, or form. (1) With the consent or at the enforce a transaction means that the direction of the consumer, provided that disclosure is: § 216.9 Exception to opt out requirements the consumer has not revoked the for service providers and joint marketing. (1) Required, or is one of the lawful consent or direction; or appropriate methods, to enforce your (a) General rule. The opt out (2) (i) To protect the confidentiality or rights or the rights of other persons requirements in §§ 216.7 and 216.8 do security of your records pertaining to engaged in carrying out the financial not apply when you provide nonpublic the consumer, service, product or transaction or providing the product or personal information about a consumer transaction; service; or to a nonaffiliated third party to perform (ii) To protect against or prevent (2) Required, or is a usual, appropriate services for you or functions on your actual or potential fraud, unauthorized or acceptable method: behalf, if you: transactions, claims or other liability; (i) To carry out the transaction or the (1) Provide the initial notice in (iii) For required institutional risk product or service business of which the accordance with § 216.4; and control or for resolving consumer transaction is a part, and record, service (2) Enter into a contractual agreement disputes or inquiries; or maintain the consumer’s account in with the third party that: (iv) To persons holding a legal or the ordinary course of providing the (i) Requires the third party to beneficial interest relating to the financial service or financial product; maintain the confidentiality of the consumer; or (ii) To administer or service benefits information to at least the same extent (v) To persons acting in a fiduciary or or claims relating to the transaction or that you must maintain that representative capacity on behalf of the the product or service business of which confidentiality under this part; and consumer; it is a part; (ii) Limits the third party’s use of (3) To provide information to information you disclose solely to the (iii) To provide a confirmation, insurance rate advisory organizations, purposes for which the information is statement or other record of the guaranty funds or agencies, agencies disclosed or as otherwise permitted by transaction, or information on the status that are rating you, persons that are §§ 216.10 and 216.11 of this part. or value of the financial service or assessing your compliance with (b) Service may include joint financial product to the consumer or the industry standards, and your attorneys, marketing. The services performed for consumer’s agent or broker; accountants and auditors; you by a nonaffiliated third party under (iv) To accrue or recognize incentives (4) To the extent specifically paragraph (a) of this section may or bonuses associated with the permitted or required under other include marketing of your own products transaction that are provided by you or provisions of law and in accordance or services or marketing of financial any other party; with the Right to Financial Privacy Act products or services offered pursuant to (v) To underwrite insurance at the of 1978 (12 U.S.C. 3401 et seq.), to law joint agreements between you and one consumer’s request or for reinsurance enforcement agencies (including or more financial institutions. purposes, or for any of the following government regulators), self-regulatory (c) Definition of joint agreement. For purposes as they relate to a consumer’s organizations, or for an investigation on purposes of this section, joint agreement insurance: account administration, a matter related to public safety; means a written contract pursuant to reporting, investigating, or preventing (5) (i) To a consumer reporting agency which you and one or more financial fraud or material misrepresentation, in accordance with the Fair Credit institutions jointly offer, endorse, or processing premium payments, Reporting Act (15 U.S.C. 1681 et seq.), sponsor a financial product or service. processing insurance claims, or administering insurance benefits (ii) From a consumer report reported § 216.10 Exceptions to notice and opt out (including utilization review activities), by a consumer reporting agency; requirements for processing and servicing participating in research projects, or as (6) In connection with a proposed or transactions. otherwise required or specifically actual sale, merger, transfer, or exchange (a) Exceptions for processing permitted by Federal or State law; of all or a portion of a business or transactions at consumer’s request. The (vi) In connection with settling a operating unit if the disclosure of requirements for initial notice in transaction, including: nonpublic personal information
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(b) Scope. The rules established by (E) Avoid legal and highly technical whether you originally extended the this part apply only to nonpublic business terminology; and loan to the individual. personal information about individuals (F) Avoid boilerplate explanations (v) An individual who has a loan from who obtain financial products or that are imprecise and readily subject to you is your consumer even if you: services for personal, family or different interpretations. (A) Hire an agent to collect on the household purposes from the (ii) You design your notice to call loan; institutions listed in this paragraph (b). attention to the nature and significance (B) Sell the rights to service the loan; This part does not apply to information of the information contained in the or about companies or about individuals notice if, to the extent applicable, you: (C) Bought the loan from the financial who obtain financial products or (A) Use a plain-language heading to institution that originated the loan. services for business purposes. This part call attention to the notice; (vi) An individual is not your applies to entities for which the Federal (B) Use a typeface and type size that consumer solely because you process Deposit Insurance Corporation has are easy to read; and information about the individual on primary supervisory authority. They are (C) Provide wide margins and ample behalf of a financial institution that referred to in this part as ‘‘you.’’ These line spacing. extended the loan to the individual. are banks insured by the Federal (iii) If you provide a notice on the (f) Consumer reporting agency has the Deposit Insurance Corporation (other same form as another notice or other same meaning as in section 603(f) of the than members of the Federal Reserve document, you design your notice to Fair Credit Reporting Act (15 U.S.C. System), insured state branches of call attention to the nature and 1681a(f)). foreign banks, and any subsidiaries of significance of the information (g) Control of a company means: such entities, except a broker or dealer contained in the notice if you use: (1) Ownership, control, or power to that is registered under the Securities (A) Larger type size(s), boldface or vote 25 percent or more of the Exchange Act of 1934, a registered italics in the text; outstanding shares of any class of voting investment adviser (with respect to the (B) Wider margins and line spacing in security of the company, directly or investment advisory activities of the the notice; or indirectly, or acting through one or adviser and activities incidental to those (C) Shading or sidebars to highlight more other persons; investment advisory activities), an the notice, whenever possible. (2) Control in any manner over the (c) Collect means to obtain investment company registered under election of a majority of the directors, information that is organized or the Investment Company Act of 1940, trustees or general partners (or retrievable on a personally identifiable an insurance company that is subject to individuals exercising similar functions) basis, irrespective of the source of the supervision by a State insurance of the company; or underlying information. regulator (with respect to insurance (3) The power to exercise, directly or (d) Company means any corporation, activities of the company and activities indirectly, a controlling influence over limited liability company, business incidental to those insurance activities), the management or policies of the trust, general or limited partnership, and an entity that is subject to company, as determined by the FDIC. association or similar organization. (h) Customer means a consumer who regulation by the Commodity Futures (e) (1) Consumer means an individual Trading Commission. has a customer relationship with you. who obtains or has obtained a financial (i) (1) Customer relationship means a § 332.2 Rule of construction. product or service from you that is to be continuing relationship between a used primarily for personal, family or The examples in this part are not consumer and you under which you household purposes, and that exclusive. Compliance with an example, provide one or more financial products individual’s legal representative. to the extent applicable, constitutes or services to the consumer that are to (2) Examples. (i) An individual who compliance with this part. be used primarily for personal, family, applies to you for credit for personal, or household purposes. § 332.3 Definitions. family or household purposes is a (2) Examples. (i) A consumer has a As used in this part, unless the consumer of a financial service, continuing relationship with you if the context requires otherwise: regardless of whether the credit is consumer: extended. (a) Affiliate means any company that (A) Has a deposit, credit, trust or (ii) An individual who provides controls, is controlled by, or is under investment account with you; nonpublic personal information to you common control with another company. (B) Purchases an insurance product in order to obtain a determination about from you; (b)(1) Clear and conspicuous means whether he or she may qualify for a loan (C) Holds an investment product that a notice is reasonably to be used primarily for personal, through you; understandable and designed to call family, or household purposes is a (D) Enters into an agreement or attention to the nature and significance consumer of a financial service, understanding with you whereby you of the information contained in the regardless of whether the loan is undertake to arrange or broker a home notice. extended by you or another financial mortgage loan for the consumer; (2) Examples. (i) You make your institution. (E) Has a loan that you service where notice reasonably understandable if, to (iii) An individual who provides you own the servicing rights; the extent applicable, you: nonpublic personal information to you (F) Enters into a lease of personal (A) Present the information contained in connection with obtaining or seeking property with you; or in the notice in clear, concise sentences, to obtain financial, investment or (G) Obtains financial, investment or paragraphs and sections; economic advisory services is a economic advisory services from you for (B) Use short explanatory sentences consumer regardless of whether you a fee. and bullet lists, whenever possible; establish an ongoing advisory (ii) A consumer does not, however, (C) Use definite, concrete, everyday relationship. have a continuing relationship with you words and active voice, whenever (iv) An individual who negotiates a if: possible; workout with you for a loan that you (A) The consumer only obtains a (D) Avoid multiple negatives; own is a consumer regardless of financial product or service in an
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(C) For the consumer who conducts (i) In the case of a deposit account, the disclosures of information among transactions electronically, post the account is dormant under your policies; affiliates); and notice on the electronic site and require (ii) In the case of a closed-end loan, (8) Your policies and practices with the consumer to acknowledge receipt of the consumer pays the loan in full, you respect to protecting the confidentiality, the notice as a necessary step to charge off the loan, or you sell the loan security, and integrity of nonpublic obtaining a particular financial product without retaining servicing rights; personal information. or service; (iii) In the case of a credit card (b) Description of nonaffiliated third (D) For an isolated transaction with relationship or other open-end credit parties subject to exceptions. If you the consumer, such as an ATM relationship, you no longer provide any disclose nonpublic personal information transaction, post the notice on the ATM statements or notices to the consumer about a consumer to third parties as screen and require the consumer to concerning that relationship or you sell authorized under §§ 332.10 and 332.11, acknowledge receipt of the notice as a the credit card receivables without you are not required to list those necessary step to obtaining the retaining servicing rights; or exceptions in the initial or annual particular financial product or service. (iv) For other types of relationships, privacy notices required by §§ 332.4 and (ii) You may not, however, reasonably you have not communicated with the 332.5. When describing the categories expect that a consumer will receive consumer about the relationship for a with respect to those parties, you are actual notice of your privacy policies period of 12 consecutive months, other only required to state that you make and practices if you: than to provide annual notices of disclosures to other nonaffiliated third (A) Only post a sign in your branch privacy policies and practices. parties as permitted by law. or office or generally publish (c) Future disclosures. Your notice advertisements of your privacy policies § 332.6 Information to be included in initial may include: and practices; or and annual notices of privacy policies and (1) Categories of nonpublic personal (B) Send the notice via electronic mail practices. information that you reserve the right to to a consumer who obtains a financial (a) General rule. The initial and disclose in the future, but do not product or service from you in person annual notices that you provide about currently disclose; and or through the mail and who does not your privacy policies and practices (2) Categories of affiliates or agree to receive the notice under §§ 332.4 and 332.5 must include nonaffiliated third parties to whom you electronically. each of the following items of reserve the right in the future to (iii) You provide the initial privacy information: disclose, but to whom you do not notice to the customer so that it can be (1) The categories of nonpublic currently disclose, nonpublic personal retained or obtained at a later time if personal information about your information. you: consumers that you collect; (d) Examples—(1) Categories of (A) Hand-deliver a printed copy of the (2) The categories of nonpublic nonpublic personal information that notice to the customer; personal information about your you collect. You adequately categorize (B) Mail a printed copy of the notice consumers that you disclose; the nonpublic personal information you to the last known address of the (3) The categories of affiliates and collect if you categorize the information customer upon request of the customer; nonaffiliated third parties to whom you according to the source of the or disclose nonpublic personal information information, such as application (C) Maintain the notice on a web site about your consumers, other than those information, information about (or a link to another web site) for the parties to whom you disclose transactions (such as information customer who obtains a financial information under §§ 332.10 and 332.11; regarding a deposit, loan, or credit card product or service electronically and (4) The categories of nonpublic account), and consumer reports. who agrees to receive the notice personal information about your former (2) Categories of nonpublic personal electronically. customers that you disclose and the information you disclose. You § 332.5 Annual notice to customers categories of affiliates and nonaffiliated adequately categorize nonpublic required. third parties to whom you disclose personal information you disclose if you (a) General rule. You must provide a nonpublic personal information about categorize the information according to clear and conspicuous notice to your former customers, other than those source, and provide illustrative customers that accurately reflects your parties to whom you disclose examples of the content of the privacy policies and practices not less information under §§ 332.10 and 332.11; information. These might include than annually during the continuation (5) If you disclose nonpublic personal application information, such as assets of the customer relationship. Annually information to a nonaffiliated third and income; identifying information, means at least once in any period of 12 party under § 332.9 (and no other such as name, address, and social consecutive months during which that exception applies to that disclosure), a security number; and transaction relationship exists. separate description of the categories of information, such as information about (b) How to provide notice. You must information you disclose and the account balance, payment history, provide the annual notice required by categories of third parties with whom parties to the transaction, and credit paragraph (a) of this section to a you have contracted; card usage; and information from customer using a means permitted for (6) An explanation of the right under consumer reports, such as a consumer’s providing the initial notice to that § 332.8(a) of the consumer to opt out of creditworthiness and credit history. You customer under § 332.4(d). the disclosure of nonpublic personal do not adequately categorize the (c)(1) Termination of customer information to nonaffiliated third information that you disclose if you use relationship. You are not required to parties, including the methods by which only general terms, such as transaction provide an annual notice to a customer the consumer may exercise that right; information about the consumer. with whom you no longer have a (7) Any disclosures that you make (3) Categories of affiliates and continuing relationship. under section 603(d)(2)(A)(iii) of the nonaffiliated third parties to whom you (2) Examples. You no longer have a Fair Credit Reporting Act (15 U.S.C. disclose. You adequately categorize the continuing relationship with an 1681a(d)(2)(A)(iii)) (that is, notices affiliates and nonaffiliated third parties individual if: regarding the ability to opt out of to whom you disclose nonpublic
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(iii) You have given the consumer a you by a nonaffiliated third party under transaction that are provided by you or reasonable opportunity, before the time paragraph (a) of this section may any other party; that you disclose the information to the include marketing of your own products (v) To underwrite insurance at the nonaffiliated third party, to opt out of or services or marketing of financial consumer’s request or for reinsurance the disclosure; and products or services offered pursuant to purposes, or for any of the following (iv) The consumer does not opt out. joint agreements between you and one purposes as they relate to a consumer’s (2) How to provide notice of change in or more financial institutions. insurance: account administration, terms. You must provide the revised (c) Definition of joint agreement. For reporting, investigating, or preventing notice of your policies and practices and purposes of this section, joint agreement fraud or material misrepresentation, opt out notice to a consumer using the means a written contract pursuant to processing premium payments, means permitted for providing the which you and one or more financial processing insurance claims, initial notice and opt out notice to that institutions jointly offer, endorse, or administering insurance benefits consumer under § 332.4(d) and sponsor a financial product or service. (including utilization review activities), paragraph (b) of this section, § 332.10 Exceptions to notice and opt out participating in research projects, or as respectively. requirements for processing and servicing otherwise required or specifically (3) Examples. (i) Except as otherwise transactions. permitted by Federal or State law; permitted by §§ 332.9, 332.10, and (a) Exceptions for processing (vi) In connection with settling a 332.11, a change-in-terms notice is transactions at consumer’s request. The transaction, including: required if you: requirements for initial notice in (A) The authorization, billing, (A) Disclose a new category of § 332.4(a)(2), the opt out in §§ 332.7 and processing, clearing, transferring, nonpublic personal information to any 332.8 and service providers and joint reconciling or collection of amounts nonaffiliated third party; or marketing in § 332.9 do not apply if you charged, debited, or otherwise paid (B) Disclose nonpublic personal disclose nonpublic personal using a debit, credit or other payment information to a new category of information: card, check or account number, or by nonaffiliated third party. (1) As necessary to effect, administer, other payment means; (ii) A change-in-terms notice is not or enforce a transaction requested or (B) The transfer of receivables, required if you disclose nonpublic authorized by the consumer; accounts, or interests therein; or personal information to a new (2) To service or process a financial (C) The audit of debit, credit, or other nonaffiliated third party that is product or service requested or payment information. adequately described by your prior authorized by the consumer; notice. § 332.11 Other exceptions to notice and (3) To maintain or service the opt out requirements. (d) Continuing right to opt out. A consumer’s account with you, or with (a) Exceptions to opt out consumer may exercise the right to opt another entity as part of a private label out at any time, and upon receiving the credit card program or other extension requirements. The requirements for opt out direction you must comply with of credit on behalf of such entity; or initial notice to consumers in that direction as soon as reasonably (4) In connection with a proposed or § 332.4(a)(2), the opt out in §§ 332.7 and practicable. actual securitization, secondary market 332.8 and service providers and joint (e) Duration of consumer’s opt out sale (including sales of servicing rights) marketing in § 332.9 do not apply when direction. A consumer’s direction to opt or similar transaction related to a you disclose nonpublic personal out under this section is effective until transaction of the consumer. information: revoked by the consumer in writing, or (b) Necessary to effect, administer, or (1) With the consent or at the if the consumer agrees, in electronic enforce a transaction means that the direction of the consumer, provided that form. disclosure is: the consumer has not revoked the (1) Required, or is one of the lawful consent or direction; § 332.9 Exception to opt out requirements or appropriate methods, to enforce your (2) (i) To protect the confidentiality or for service providers and joint marketing. rights or the rights of other persons security of your records pertaining to (a) General rule. The opt out engaged in carrying out the financial the consumer, service, product, or requirements in §§ 332.7 and 332.8 do transaction or providing the product or transaction; not apply when you provide nonpublic service; or (ii) To protect against or prevent personal information about a consumer (2) Required, or is a usual, actual or potential fraud, unauthorized to a nonaffiliated third party to perform appropriate, or acceptable method: transactions, claims, or other liability; services for you or functions on your (i) To carry out the transaction or the (iii) For required institutional risk behalf, if you: product or service business of which the control or for resolving consumer (1) Provide the initial notice in transaction is a part, and record, service disputes or inquiries; accordance with § 332.4; and or maintain the consumer’s account in (iv) To persons holding a legal or (2) Enter into a contractual agreement the ordinary course of providing the beneficial interest relating to the with the third party that: financial service or financial product; consumer; or (i) Requires the third party to (ii) To administer or service benefits (v) To persons acting in a fiduciary or maintain the confidentiality of the or claims relating to the transaction or representative capacity on behalf of the information to at least the same extent the product or service business of which consumer; that you must maintain that it is a part; (3) To provide information to confidentiality under this part; and (iii) To provide a confirmation, insurance rate advisory organizations, (ii) Limits the third party’s use of statement or other record of the guaranty funds or agencies, agencies information you disclose solely to the transaction, or information on the status that are rating you, persons that are purposes for which the information is or value of the financial service or assessing your compliance with disclosed or as otherwise permitted by financial product to the consumer or the industry standards, and your attorneys, §§ 332.10 and 332.11 of this part. consumer’s agent or broker; accountants, and auditors; (b) Service may include joint (iv) To accrue or recognize incentives (4) To the extent specifically marketing. The services performed for or bonuses associated with the permitted or required under other
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(1) Requires a financial institution to (F) Avoid boilerplate explanations (A) Hire an agent to collect on the provide notice to consumers about its that are imprecise and readily subject to loan; privacy policies and practices; different interpretations. (B) Sell the rights to service the loan; (2) Describes the conditions under (ii) You design your notice to call or which a financial institution may attention to the nature and significance (C) Bought the loan from the financial disclose nonpublic personal information of the information contained in it if, to institution that originated the loan. about consumers to nonaffiliated third the extent applicable, you: (vi) An individual is not your parties; and (A) Use a plain-language heading to consumer solely because you process (3) Provides a method for consumers call attention to the notice; information about the individual on to prevent a financial institution from (B) Use a typeface and type size that behalf of a financial institution that disclosing that information to most are easy to read; and extended the loan to the individual. (C) Provide wide margins and ample nonaffiliated third parties by ‘‘opting (f) Consumer reporting agency has the line spacing. same meaning as in section 603(f) of the out’’ of that disclosure, subject to the (iii) If you provide a notice on the exceptions in §§ 573.9, 573.10, and Fair Credit Reporting Act (15 U.S.C. same form as another notice or other 1681a(f)). 573.11. document, you design your notice to (b) Scope. The rules established by (g) Control of a company means: call attention to the nature and (1) Ownership, control, or power to this part apply only to nonpublic significance of the information personal information about individuals vote 25 percent or more of the contained in the notice if you use: outstanding shares of any class of voting who obtain financial products or (A) Larger type size(s), boldface or services for personal, family or security of the company, directly or italics in the text; indirectly, or acting through one or household purposes from the (B) Wider margins and line spacing in institutions listed below. This part does more other persons; the notice; or (2) Control in any manner over the not apply to information about (C) Shading or sidebars to highlight election of a majority of the directors, companies or about individuals who the notice, whenever possible. obtain financial products or services for (c) Collect means to obtain trustees or general partners (or business purposes. This part applies to information that is organized or individuals exercising similar functions) savings associations whose deposits are retrievable on a personally identifiable of the company; or (3) The power to exercise, directly or insured by the Federal Deposit basis, irrespective of the source of the indirectly, a controlling influence over Insurance Corporation, and any underlying information. the management or policies of the subsidiaries of such savings (d) Company means any corporation, company, as determined by OTS. associations, but not to subsidiaries that limited liability company, business (h) Customer means a consumer who are brokers, dealers, persons providing trust, general or limited partnership, has a customer relationship with you. insurance, investment companies, or association or similar organization. (i) (1) Customer relationship means a investment advisers. This part refers to (e) (1) Consumer means an individual continuing relationship between a these entities as ‘‘you.’’ who obtains or has obtained a financial product or service from you that is to be consumer and you under which you § 573.2 Rule of construction. used primarily for personal, family or provide one or more financial products The examples in this part are not household purposes, and that or services to the consumer that are to exclusive. Compliance with an example, individual’s legal representative. be used primarily for personal, family, to the extent applicable, constitutes (2) Examples. (i) An individual who or household purposes. compliance with this part. applies to you for credit for personal, (2) Examples. (i) A consumer has a family or household purposes is a continuing relationship with you if the § 573.3 Definitions. consumer of a financial service, consumer: As used in this part, unless the regardless of whether the credit is (A) Has a deposit, credit, trust, or context requires otherwise: extended. investment account with you; (a) Affiliate means any company that (ii) An individual who provides (B) Purchases an insurance product controls, is controlled by, or is under nonpublic personal information to you from you; (C) Holds an investment product common control with another company. in order to obtain a determination about whether he or she may qualify for a loan through you; (b) (1) Clear and conspicuous means (D) Enters into an agreement or that a notice is reasonably to be used primarily for personal, family or household purposes is a consumer of understanding with you whereby you understandable and designed to call undertake to arrange or broker a home attention to the nature and significance a financial service, regardless of whether the loan is extended by you or mortgage loan for the consumer; of the information contained in the (E) Has a loan that you service where notice. another financial institution. (iii) An individual who provides you own the servicing rights; (2) Examples. (i) You make your nonpublic personal information to you (F) Enters into a lease of personal notice reasonably understandable if, to in connection with obtaining or seeking property with you; or the extent applicable, you: to obtain financial, investment or (G) Obtains financial, investment or (A) Present the information contained economic advisory services is a economic advisory services from you for in the notice in clear, concise sentences, consumer regardless of whether you a fee. paragraphs and sections; establish an ongoing advisory (ii) A consumer does not, however, (B) Use short explanatory sentences relationship. have a continuing relationship with you and bullet lists, whenever possible; (iv) An individual who negotiates a if: (C) Use definite, concrete, everyday workout with you for a loan that you (A) The consumer only obtains a words and active voice, whenever own is a consumer regardless of financial product or service in an possible; whether you originally extended the isolated transaction, such as (D) Avoid multiple negatives; loan to the individual. withdrawing cash from your ATM or (E) Avoid legal and highly technical (v) An individual who has a loan from purchasing a cashier’s check or money business terminology; and you is your consumer even if you: order;
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(B) You sell the consumer’s loan and insurance authority’s State that is loan, credit card, insurance or other do not retain the rights to service that engaged in providing insurance; and financial product or service, including, loan; or (9) The Federal Trade Commission. among other things, medical (C) You sell the consumer travel (m) (1) Nonaffiliated third party information; insurance or traveler’s checks in an means any person except: (B) Account balance information, isolated transaction. (i) Your affiliate; or payment history, overdraft history, and (j) (1) Financial institution means any (ii) A person employed jointly by you credit or debit card purchase institution the business of which is and any company that is not your information; engaging in activities that are financial affiliate (but nonaffiliated third party (C) The fact that an individual is or in nature or incidental to such financial includes the other company that jointly has been one of your customers or has activities as described in section 4(k) of employs the person). obtained a financial product or service (2) Nonaffiliated third party includes the Bank Holding Company Act of 1956 from you, unless that fact is derived any company that is an affiliate by (12 U.S.C. 1843(k)). using only publicly available virtue of the direct or indirect (2) Financial institution does not information, such as government real ownership or control of the company by include: estate records or bankruptcy records; (i) Any person or entity with respect the financial institution or any affiliate of the financial institution in (D) Other information about your to any financial activity that is subject consumer if it is disclosed in a manner to the jurisdiction of the Commodity conducting merchant banking or investment banking activities of the type that indicates the individual is or has Futures Trading Commission under the been your consumer; Commodity Exchange Act (7 U.S.C. 1 et described in section 4(k)(4)(H) or insurance company investment (E) Any information provided by a seq.); consumer or otherwise obtained by you (ii) The Federal Agricultural Mortgage activities of the type described in section 4(k)(4)(I) of the Bank Holding or your agent in connection with Corporation or any entity chartered and collecting on a loan or servicing a loan; operating under the Farm Credit Act of Company Act (12 U.S.C. 1843(k)(4)(H) and (I). and 1971 (12 U.S.C. 2001 et seq.); or (F) Information from a consumer (iii) Institutions chartered by Congress Alternative A report. specifically to engage in securitizations, (n) (1) Nonpublic personal (ii) Personally identifiable financial secondary market sales (including sales information means: information does not include a list of of servicing rights), or similar (i) Personally identifiable financial names and addresses of customers of an transactions related to a transaction of a information; and entity that is not a financial institution. consumer, as long as such institutions (ii) Any list, description or other (p) (1) Publicly available information do not sell or transfer nonpublic grouping of consumers (and publicly means any information that is lawfully personal information to a nonaffiliated available information pertaining to made available to the general public you third party. them) that is derived using any obtain from: (k) (1) Financial product or service personally identifiable financial (i) Federal, State or local government means any product or service that a information. records; financial holding company could offer (2) Nonpublic personal information (ii) Widely distributed media; or by engaging in an activity that is does not include any list, description, or (iii) Disclosures to the general public financial in nature or incidental to such other grouping of consumers (and that are required to be made by Federal, a financial activity under section 4(k) of publicly available information State or local law. the Bank Holding Company Act of 1956 pertaining to them) that is derived (2) Examples—(i) Government (12 U.S.C. 1843(k)). without using any personally (2) Financial service includes your records. Publicly available information identifiable financial information. contained in government records evaluation, brokerage or distribution of (3) Example. Nonpublic personal includes information contained in information that you collect in information includes any list of government real estate records and connection with a request or an individuals’ street addresses and security interest filings. application from a consumer for a telephone numbers that is derived using (ii) Widely distributed media. Publicly financial product or service. any information consumers provide to available information from widely (l) Government regulator means: you on an application for a financial distributed media includes information (1) The Board of Governors of the product or service. Federal Reserve System; (o) (1) Personally identifiable from a telephone book, a television or (2) The Office of the Comptroller of financial information means any radio program, a newspaper or an the Currency; information: Internet site that is available to the (3) The Board of Directors of the (i) Provided by a consumer to you to general public without requiring a Federal Deposit Insurance Corporation; obtain a financial product or service password or similar restriction. (4) The Director of the Office of Thrift from you; Alternative B Supervision; (ii) Resulting from any transaction (5) The National Credit Union involving a financial product or service (n) (1) Nonpublic personal Administration Board; between you and a consumer; or information means: (6) The Securities and Exchange (iii) You otherwise obtain about a (i) Personally identifiable financial Commission; consumer in connection with providing information; and (7) The Secretary of the Treasury, a financial product or service to that (ii) Any list, description, or other with respect to 31 U.S.C. Chapter 53, consumer, other than publicly available grouping of consumers (and publicly Subchapter II (Records and Reports on information. available information pertaining to Monetary Instruments and Transactions) (2) Examples. (i) Personally them) that is derived using any and 12 U.S.C. Chapter 21 (Financial identifiable financial information personally identifiable financial Recordkeeping); includes: information. (8) A State insurance authority, with (A) Information a consumer provides (2) Nonpublic personal information respect to any person domiciled in that to you on an application to obtain a does not include:
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(i) Publicly available information, (ii) Widely distributed media; or privacy notice required by paragraph (a) except as provided in paragraph (iii) Disclosures to the general public of this section so that each consumer (n)(1)(ii) of this section; or that are required to be made by Federal, can reasonably be expected to receive (ii) Any list, description, or other State or local law. actual notice in writing or, if the grouping of consumers (and publicly (2) Examples—(i) Government consumer agrees, in electronic form. available information pertaining to records. Publicly available information (2) Exceptions to allow subsequent them) that is derived without using any contained in government records delivery of notice. You may provide the personally identifiable financial includes information contained in initial notice required by paragraph information. government real estate records and (a)(1) of this section within a reasonable (3) Example. Nonpublic personal security interest filings. time after you establish a customer information includes any list of (ii) Widely distributed media. Publicly relationship if: individuals’ street addresses and available information from widely (i) You purchase a loan or assume a telephone numbers that is derived using distributed media includes information deposit liability from another financial personally identifiable financial from a telephone book, a television or institution and the customer of that loan information, such as account numbers. radio program, a newspaper or an or deposit account does not have a (o)(1) Personally identifiable financial Internet site that is available to the choice about your purchase or information means any information: general public without requiring a assumption; or (i) Provided by a consumer to you to password or similar restriction. (ii) You and the consumer orally agree obtain a financial product or service § 573.4 Initial notice to consumers of to enter into a customer relationship from you; privacy policies and practices required. and the consumer agrees to receive the (ii) About a consumer resulting from (a) When initial notice is required. notice thereafter. any transaction involving a financial (3) Oral description of notice You must provide a clear and insufficient. You may not provide the product or service between you and a conspicuous notice that accurately consumer; or reflects your privacy policies and initial notice required by paragraph (a) (iii) You otherwise obtain about a practices to: of this section solely by orally consumer in connection with providing (1) An individual who becomes your explaining, either in person or over the a financial product or service to that customer, prior to the time that you telephone, your privacy policies and consumer. establish a customer relationship, practices. (2) Examples. (i) Personally except as provided in paragraph (d)(2) (4) Retention or accessibility of initial identifiable financial information of this section; and notice for customers. For customers includes: (2) A consumer, prior to the time that only, you must provide the initial notice (A) Information a consumer provides you disclose any nonpublic personal required by paragraph (a)(1) of this to you on an application to obtain a information about the consumer to any section so that it can be retained or loan, credit card, insurance or other nonaffiliated third party, if you make obtained at a later time by the customer, financial product or service, including, such a disclosure other than as in a written form or, if the customer among other things, medical authorized by §§ 573.10 and 573.11. agrees, in electronic form. information; (b) When initial notice to a consumer (5) Examples. (i) You may reasonably (B) Account balance information, is not required. You are not required to expect that a consumer will receive payment history, overdraft history, and provide an initial notice to a consumer actual notice of your privacy policies credit or debit card purchase under paragraph (a)(1) of this section if: and practices if you: information; (1) You do not disclose any nonpublic (A) Hand-deliver a printed copy of the (C) The fact that an individual is or personal information about the notice to the consumer; has been one of your customers or has consumer to any nonaffiliated third (B) Mail a printed copy of the notice obtained a financial product or service party, other than as authorized by to the last known address of the from you, unless that fact is derived §§ 573.10 and 573.11; and consumer; using only publicly available (2) You do not have a customer (C) For the consumer who conducts information, such as government real relationship with the consumer. transactions electronically, post the estate records or bankruptcy records; (c) When you establish a customer notice on the electronic site and require (D) Other information about your relationship—(1) General rule. You the consumer to acknowledge receipt of consumer if it is disclosed in a manner establish a customer relationship at the the notice as a necessary step to that indicates the individual is or has time you and the consumer enter into a obtaining a particular financial product been your consumer; continuing relationship. or service; (E) Any information provided by a (2) Examples. You establish a (D) For an isolated transaction with consumer or otherwise obtained by you customer relationship when the the consumer, such as an ATM or your agent in connection with consumer: transaction, post the notice on the ATM collecting on a loan or servicing a loan; (i) Opens a credit card account with screen and require the consumer to and you; acknowledge receipt of the notice as a (F) Information from a consumer (ii) Executes the contract to open a necessary step to obtaining the report. deposit account with you, obtains credit particular financial product or service. (ii) Personally identifiable financial from you, or purchases insurance from (ii) You may not, however, reasonably information does not include a list of you; expect that a consumer will receive names and addresses of customers of an (iii) Agrees to obtain financial, actual notice of your privacy policies entity that is not a financial institution. economic, or investment advisory and practices if you: (p)(1) Publicly available information services from you for a fee; (A) Only post a sign in your branch means any information that is lawfully (iv) Becomes your client for the or office or generally publish made available to the general public purpose of your providing credit advertisements of your privacy policies from: counseling or tax preparation services. and practices; (i) Federal, State, or local government (d) How to provide notice—(1) (B) Send the notice via electronic mail records; General rule. You must provide the to a consumer who obtains a financial
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(B) Disclose nonpublic personal disclose nonpublic personal using a debit, credit, or other payment information to a new category of information: card, check or account number, or by nonaffiliated third party. (1) As necessary to effect, administer, other payment means; (ii) A change-in-terms notice is not or enforce a transaction requested or (B) The transfer of receivables, required if you disclose nonpublic authorized by the consumer; accounts, or interests therein; or personal information to a new (2) To service or process a financial (C) The audit of debit, credit, or other nonaffiliated third party that is product or service requested or payment information. authorized by the consumer; adequately described by your prior § 573.11 Other exceptions to notice and notice. (3) To maintain or service the opt out requirements. consumer’s account with you, or with (d) Continuing right to opt out. A (a) Exceptions to opt out consumer may exercise the right to opt another entity as part of a private label credit card program or other extension requirements. The requirements for out at any time, and you must comply initial notice to consumers in with the consumer’s direction as soon as of credit on behalf of such entity; or (4) In connection with a proposed or § 573.4(a)(2), the opt out in §§ 573.7 and reasonably practicable. 573.8 and service providers and joint (e) Duration of consumer’s opt out actual securitization, secondary market sale (including sales of servicing rights) marketing in § 573.9 do not apply when direction. A consumer’s direction to opt you disclose nonpublic personal out under this section is effective until or similar transaction related to a transaction of the consumer. information: revoked by the consumer in writing, or (1) With the consent or at the (b) Necessary to effect, administer, or if the consumer agrees, in electronic direction of the consumer, provided that enforce a transaction means that the form. the consumer has not revoked the disclosure is: § 573.9 Exception to opt out requirements (1) Required, or is one of the lawful consent or direction; (2) (i) To protect the confidentiality or for service providers and joint marketing. or appropriate methods, to enforce your security of your records pertaining to rights or the rights of other persons (a) General rule. The opt out the consumer, service, product or engaged in carrying out the financial requirements in §§ 573.7 and 573.8 do transaction; not apply when you provide nonpublic transaction or providing the product or (ii) To protect against or prevent personal information about a consumer service; or actual or potential fraud, unauthorized to a nonaffiliated third party to perform (2) Required, or is a usual, transactions, claims or other liability; services for you or functions on your appropriate, or acceptable method: (iii) For required institutional risk behalf, if you: (i) To carry out the transaction or the control or for resolving consumer (1) Provide the initial notice in product or service business of which the disputes or inquiries; accordance with § 573.4; and transaction is a part, and record, service, (iv) To persons holding a legal or (2) Enter into a contractual agreement or maintain the consumer’s account in beneficial interest relating to the with the third party that: the ordinary course of providing the consumer; or (i) Requires the third party to financial service or financial product; (v) To persons acting in a fiduciary or maintain the confidentiality of the (ii) To administer or service benefits representative capacity on behalf of the information to at least the same extent or claims relating to the transaction or consumer; that you must maintain that the product or service business of which (3) To provide information to confidentiality under this part; and it is a part; insurance rate advisory organizations, (ii) Limits the third party’s use of (iii) To provide a confirmation, guaranty funds or agencies, agencies information you disclose solely to the statement or other record of the that are rating you, persons that are purposes for which the information is transaction, or information on the status assessing your compliance with disclosed or as otherwise permitted by or value of the financial service or industry standards, and your attorneys, §§ 573.10 and 573.11 of this part. financial product to the consumer or the accountants, and auditors; (b) Service may include joint consumer’s agent or broker; (4) To the extent specifically marketing. The services performed for (iv) To accrue or recognize incentives permitted or required under other you by a nonaffiliated third party under or bonuses associated with the provisions of law and in accordance paragraph (a) of this section may transaction that are provided by you or with the Right to Financial Privacy Act include marketing of your own products any other party; of 1978 (12 U.S.C. 3401 et seq.), to law or services or marketing of financial (v) To underwrite insurance at the enforcement agencies (including products or services offered pursuant to consumer’s request or for reinsurance government regulators), self-regulatory joint agreements between you and one purposes, or for any of the following organizations, or for an investigation on or more financial institutions. purposes as they relate to a consumer’s a matter related to public safety; (c) Definition of joint agreement. For insurance: account administration, (5) (i) To a consumer reporting agency purposes of this section, joint agreement reporting, investigating, or preventing in accordance with the Fair Credit means a written contract pursuant to fraud or material misrepresentation, Reporting Act (15 U.S.C. 1681 et seq.); which you and one or more financial processing premium payments, or institutions jointly offer, endorse, or processing insurance claims, (ii) From a consumer report reported sponsor a financial product or service. administering insurance benefits by a consumer reporting agency; (including utilization review activities), (6) In connection with a proposed or § 573.10 Exceptions to notice and opt out participating in research projects, or as actual sale, merger, transfer, or exchange requirements for processing and servicing otherwise required or specifically of all or a portion of a business or transactions. permitted by Federal or State law; operating unit if the disclosure of (a) Exceptions for processing (vi) In connection with settling a nonpublic personal information transactions at consumer’s request. The transaction, including: concerns solely consumers of such requirements for initial notice in (A) The authorization, billing, business or unit; or § 573.4(a)(2), the opt out in §§ 573.7 and processing, clearing, transferring, (7) (i) To comply with Federal, State, 573.8 and service providers and joint reconciling or collection of amounts or local laws, rules and other applicable marketing in § 573.9 do not apply if you charged, debited, or otherwise paid legal requirements;
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(ii) To comply with a properly (b) Limits on redisclosure and the § 573.15 Relation to State laws. authorized civil, criminal, or regulatory reuse by other persons. (1) Except as (a) In general. This part shall not be investigation, or subpoena or summons otherwise provided in this part, if you construed as superseding, altering, or by Federal, State, or local authorities; or disclose nonpublic personal information affecting any statute, regulation, order, (iii) To respond to judicial process or about a consumer to a nonaffiliated or interpretation in effect in any State, government regulatory authorities third party, that party must not, directly except to the extent that such State having jurisdiction over you for or through an affiliate, disclose the examination, compliance or other statute, regulation, order or information to any other person that is interpretation is inconsistent with the purposes as authorized by law. a nonaffiliated third party of both you (b) Examples of consent and provisions of this part, and then only to and that party, unless the disclosure the extent of the inconsistency. revocation of consent. (1) A consumer would be lawful if you made it directly may specifically consent to your to such other person. (b) Greater protection under State law. disclosure to a nonaffiliated insurance For purposes of this section, a State (2) A nonaffiliated third party may company of the fact that the consumer statute, regulation, order, or use nonpublic personal information has applied to you for a mortgage so that interpretation is not inconsistent with about a consumer that it receives from the insurance company can offer the provisions of this part if the you in accordance with an exception homeowner’s insurance to the protection such statute, regulation, under §§ 573.9, 573.10, or 573.11 only consumer. order, or interpretation affords any for the purpose of that exception. (2) A consumer may revoke consent consumer is greater than the protection by subsequently exercising the right to § 573.13 Limits on sharing of account provided under this part, as determined opt out of future disclosures of number information for marketing by the Federal Trade Commission, after nonpublic personal information as purposes. consultation with OTS, on the Federal permitted under § 573.8(d). You must not, directly or through an Trade Commission’s own motion or § 573.12 Limits on redisclosure and reuse affiliate, disclose, other than to a upon the petition of any interested of information. consumer reporting agency, an account party. (a) Limits on your redisclosure and number or similar form of access § 573.16 Effective date; transition rule. reuse. (1) Except as otherwise provided number or access code for a credit card in this part, if you receive nonpublic account, deposit account, or transaction (a) Effective date. This part is effective personal information about a consumer account of a consumer to any November 13, 2000. from a nonaffiliated financial nonaffiliated third party for use in (b) Notice requirement for consumers institution, you must not, directly or telemarketing, direct mail marketing, or who were your customers on the through an affiliate, disclose the other marketing through electronic mail effective date. No later than 30 days information to any other person that is to the consumer. after the effective date of this part, you not affiliated with either the financial § 573.14 Protection of Fair Credit must provide an initial notice, as institution or you, unless the disclosure Reporting Act. required by § 573.4, to consumers who would be lawful if the financial were your customers on the effective institution made it directly to such other Nothing in this part shall be date of this part. person. construed to modify, limit, or supersede (2) You may use nonpublic personal the operation of the Fair Credit Dated: February 9, 2000. information about a consumer that you Reporting Act (15 U.S.C. 1681 et seq.), By the Office of Thrift Supervision. receive from a nonaffiliated financial and no inference shall be drawn on the Ellen Seidman, institution in accordance with an basis of the provisions of this part Director. exception under §§ 573.9, 573.10 or regarding whether information is [FR Doc. 00–3718 Filed 2–18–00; 8:45 am] 573.11 only for the purpose of that transaction or experience information BILLING CODES 4810±33±P; 6210±01±P; 6714±01±P; exception. under section 603 of that Act. 6720±01±P
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Part III
General Services Administration 41 CFR Parts 101–41 and 102–118 Transportation Payment and Audit; Proposed Rule
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GENERAL SERVICES manageable pieces. The FMR asks substantial number of small entities ADMINISTRATION questions in the first person, as the user within the meaning of the Regulatory would. It then answers the questions in Flexibility Act, 5 U.S.C. 601, et seq., 41 CFR Parts 101±41 and 102±118 the second and third person. The FMR because the rule only applies to internal [FPMR Amendment G±] addresses the agency in the singular. agency management and will not have B. Proposed Substantive Changes a significant affect on the public. An RIN 3090±AH15 Initial Regulatory Flexibility Analysis The General Services Administration has, therefore, not been performed. Transportation Payment and Audit proposes to clarify existing Comments invited from small entities transportation payment and audit AGENCY: concerning the affected FMR subparts Office of Governmentwide requirements and make substantive will be considered in accordance with 5 Policy, GSA. changes. ACTION: Proposed rule. We implement the mandatory use of U.S.C. 601. Interested parties must prepayment audits, as required by submit such comments separately and SUMMARY: The General Services Public Law 105–264, section 3, which should cite 5 U.S.C. 601, et seq. Administration (GSA) is revising the amended 31 U.S.C. 3322, 31 U.S.C. E. Paperwork Reduction Act Federal Property Management 3528, and 31 U.S.C. 3726. Under a Regulations (FPMR) by moving coverage prepayment audit, the agency will keep The Paperwork Reduction Act does on transportation payment and audit more of its transportation dollars, by not apply because this proposed rule into the Federal Management Regulation verifying transportation billings to does not impose recordkeeping or (FMR). A cross-reference is added to the eliminate potential overpayments. information collection requirements, or FPMR to direct readers to the coverage We propose to encourage agencies to the collection of information from in the FMR. The FMR coverage is expand the use of charge cards, offerors, contractors, or members of the written in plain language to provide commercial bills of lading, and public which require the approval of the agencies with updated regulatory electronic payment methods in place of material that is easy to read and Office of Management and Budget the Government forms (Government Bill (OMB) under 44 U.S.C. 3501, et seq. understand. Of Lading and General Transportation DATES: Comments must be received by Request) used currently. The use of F. Small Business Regulatory March 23, 2000 to be considered in electronic bills of lading and existing Enforcement Fairness Act development of the final rule. commercial forms are the preferred methods to decrease the need for This proposed rule is exempt from ADDRESSES: Send written comments to Congressional review under 5 U.S.C. Ms. Sharon Kiser, Regulatory Secretariat paperwork, retention of duplicate copies, and to lessen stockpiles of 801 since it relates solely to agency (MVR), Office of Governmentwide management and personnel. Policy, General Services archived paper files and storage space. Administration, 1800 F Street, NW, We propose that the appeals process List of Subjects in 41 CFR Parts 101–41 Washington, DC 20405. E-mail for a claim should begin within an and 102–118 comments to RIN.3090–[email protected]. agency and that the first level of appeal be handled at an appropriate level Accounting, Claims, Government FOR FURTHER INFORMATION CONTACT: Mr. within the agency. In exchange for Ed Davis, Program Analyst, property management, Surplus keeping funds through the use of Transportation Management Policy Government property, Reporting and prepayment audits, agencies will have Division, Office of Governmentwide recordkeeping requirements, responsibilities related to the setup and Policy, General Services Transportation. function of their prepayment audit Administration, at 202–208–7638, or E- programs. For the reasons set forth in the mail at [email protected]. FMR part 118 affects any department preamble, GSA proposes to amend 41 SUPPLEMENTARY INFORMATION: or establishment of the Federal CFR chapters 101 and 102 as follows: A. Background Government defined by 5 U.S.C. 305, CHAPTER 101—[AMENDED] whose payment for transportation In response to President Clinton’s services are subject to the transportation mandate to Federal agencies to make 1. Part 101–41 is revised to read as audit provisions of section 322 of the follows: communication with the public more Transportation Act of 1940, as amended understandable, GSA proposes to revise (31 U.S.C. 3726). Also included are PART 101±41ÐTRANSPORTATION and clarify the transportation Federal entities such as mixed DOCUMENTATION AND AUDIT management policies by: ownership and wholly owned (1) Writing them in plain language corporations, if they request coverage Authority: 31 U.S.C. 3726; and 40 U.S.C. and making substantive changes; and under this part. (2) Allowing the use of commercial 486(c). C. Executive Order 12866 bills of lading and electronic commerce. § 101±41.000 Cross-reference to the This rewrite incorporates Public Law GSA has determined that this Federal Management Regulation (FMR) (41 105–264, section 3, which amended 31 proposed rule is not a significant CFR chapter 102, parts 102±1 through 102± U.S.C. 3322, 31 U.S.C. 3528, and 31 regulatory action for the purposes of 220). U.S.C. 3726. The major change required Executive Order 12866 of September 30, For transportation payment and audit is the mandatory use of prepayment 1993. audits for transportation billings. policy, see FMR part 118 (41 CFR part The Federal Management Regulation D. Regulatory Flexibility Act 102–118). (FMR) is in the question and answer The Associate Administrator for CHAPTER 102—[AMENDED] format. Question and answer format is Governmentwide Policy hereby certifies an effective way to engage the reader that this proposed rule will not have a 2. Part 102–118 is added to and to break the information into significant economic impact on a subchapter D to read as follows:
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PART 102±118ÐTRANSPORTATION 102–118.135 How does my agency handle Quotations, Tenders or Contracts PAYMENT AND AUDIT supplemental billings after payment of 102–118.250 Must my agency send a the original bill? quotation, tender, or contract with a TSP Subpart AÐGeneral 102–118.140 Who is liable for overpayment to GSA? made on a transportation bill? Introduction 102–118.145 What must my agency do if Subpart DÐPrepayment Audits of Sec. the TSP makes an error on a bill? Transportation Services 102–118.5 What is the purpose of this part? 102–118.150 Will GSA continue to Agency Requirements for Prepayment 102–118.10 What is a transportation audit? maintain a centralized numbering system Audits 102–118.15 What is a transportation for transportation documents (TDs)? payment? 102–118.255 What is a prepayment audit? Subpart C-Use of Government Billing 102–118.20 Who is subject to this part? 102–118.260 Must my agency establish a Documents 102–118.25 Does GSA require my agency to prepayment audit program? submit its transportation policies for Terms and Conditions Governing 102–118.265 What must my agency approval? Acceptance and Use of a Government Bill of consider when designing and 102–118.30 Are Government corporations Lading (GBL) or Government Transportation implementing a prepayment audit bound by this part? Request (GTR) (Until Form Retirement) program? 102–118.270 What advantages does the Definitions 102–118.155 Must my agency prepare for prepayment audit offer my agency? the GBL retirement? 102–118.275 What options for performing a 102–118.35 What definitions apply to this 102–118.160 Must my agency prepare for part? prepayment audit does my agency have? the GTR retirement? 102–118.280 Must every electronic and Subpart BÐOrdering and Paying for 102–118.165 Where are the mandatory paper transportation bill undergo a Transportation and Transportation Services terms and conditions governing the use prepayment audit? of a GBL? 102–118.40 How does my agency order 102–118.285 What are the limited 102–118.170 Where are the mandatory transportation and transportation exceptions to every bill undergoing a terms and conditions governing the use services? prepayment audit? of a GTR? 102–118.45 How does a transportation 102–118.290 How does my agency fund its 102–118.175 When buying transportation prepayment audit program? service provider (TSP) bill my agency for on a GBL, must my agency reference the transportation and transportation 102–118.295 Must my agency advise the applicable contract or tender? TSP of any adjustment to the TSP’s bill? services? 102–118.180 When buying transportation 102–118.50 How does my agency pay for 102–118.300 Must my agency prepayment on a GTR, must my agency reference the audit program establish appeal transportation services? applicable contract? 102–118.55 What administrative procedures whereby a TSP may appeal 102–118.185 What documents must a any reduction in the amount billed? procedures must my agency establish for transportation service provider (TSP) payment of freight, household goods, or 102–118.305 What must my agency do if send to receive payment for a the TSP disputes the findings and my other transportation services? transportation billing? 102–118.60 Can my agency use electronic agency cannot resolve the dispute? 102–118.190 Can a TSP demand advance 102–118.310 What information must be on billing for payment of transportation payment for the transportation charges services? my agency’s transportation bills on submitted on a GBL? completion of a prepayment audit? 102–118.65 To what extent must my agency 102–118.195 May my agency pay an agent use electronic commerce? functioning as a warehouseman for a Maintaining an Approved Program 102–118.70 Must my agency make all principal TSP? 102–118.315 How do I get approval for my payments via electronic funds transfer? 102–118.200 May my agency use bills of agency’s prepayment audit program? 102–118.75 What if my agency or the TSP lading other than the GBL for a 102–118.320 What are the elements of an does not have an account with a transportation shipment? acceptable prepayment audit program? financial institution or approved 102–118.205 May my agency pay a TSP any 102–118.325 What does the GSA Audit payment agent? added monies to pay for the preparation Division consider when verifying an 102–118.80 Who is responsible for keeping and use of the GBL or GTR? agency prepayment audit program? my agency’s electronic commerce 102–118.210 If a transportation debt is 102–118.330 How does my agency contact transportation billing records? owed because of loss or damage to the GSA Audit Division? 102–118.85 Can my agency use a charge property, does my agency report it to 102–118.335 If my agency chooses to card to pay for transportation services? GSA? change a verified prepayment audit 102–118.90 If my agency orders 102–118.215 What constitutes final receipt program, does the program need to be re- transportation and/or transportation of shipment? verified? services with a contractor issued charge 102–118.220 What if my agency creates or card or charge account citation, is this eliminates a field office approved to Liability for Certifying and Disbursing subject to prepayment audit? prepare transportation documents? Officers 102–118.95 What standard forms can my 102–118.340 Does establishing a agency use to pay transportation bills? Agency Responsibilities When Using prepayment audit system or program 102–118.100 What must my agency ensure Government Bills of Lading (GBLs) or change the responsibilities of the is on each SF 1113? Government Transportation Requests certifying officers? 102–118.105 Where can I find the rules (GTRs) 102–118.345 With a prepayment audit governing the use of a Government Bill 102–118.225 Must my agency keep physical waiver, what liability does the certifying of Lading? control and accountability of the GBL officer have? 102–118.110 Where can I find the rules and GTR forms or GBL and GTR 102–118.350 What relief from liability is governing the use of a Government numbers? available for the certifying official under Transportation Request? 102–118.230 How does my agency get GBL a postpayment audit? 102–118.115 Must my agency use a GBL? and GTR forms? 102–118.355 Do the requirements of a 102–118.120 Must my agency use a GTR? 102–118.235 How does my agency get an prepayment audit change the disbursing 102–118.125 What if my agency uses a TD assigned set of GBL or GTR numbers? official’s liability for overpayment? other than a GBL? 102–118.240 Who is accountable for the 102–118.360 Where does relief from 102–118.130 Must my agency use a GBL for issuance and use of GBL and GTR forms? prepayment audit liability for certifying, express, courier, or small package 102–118.245 Are GBL and GTR forms accountable, and disbursing officers shipments? sequential? reside in my agency?
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Waivers From Mandatory Prepayment Audit 102–118.485 May my agency appeal a 102–118.595 What if a TSP disagrees with 102–118.365 Who has the authority to grant decision by the General Services Board the Notice of Indebtedness? a waiver of the prepayment audit of Contract Appeals (GSBCA)? 102–118.600 Is a TSP notified when GSA requirement? 102–118.490 What if a TSP submits a allows a claim? 102–118.370 How does my agency apply for voluntary refund to my agency? 102–118.605 Will GSA notify a TSP if they a waiver from the requirement to 102–118.495 Must my agency send a internally offset a payment? 102–118.610 How will a TSP know if the perform a prepayment audit of voluntary refund to the Treasurer of the GSA Audit Division disallows a claim? transportation bills? United States? 102–118.615 Can a TSP request a 102–118.375 What must a waiver request 102–118.500 Can my agency revise or alter reconsideration of a settlement action by include? a GSA Form 7931, Certificate of the GSA Audit Division? 102–118.380 On what basis does GSA grant Settlement? 102–118.505 Does my agency have any 102–118.620 How must a TSP refund a waiver to the prepayment audit recourse not to pay a Certificate of amounts due to GSA? requirement? Settlement? 102–118.625 Can the Government charge 102–118.385 How long will GSA take to 102–118.510 Who is responsible for interest on an amount due from a TSP? respond to a waiver request? determining the standards for collection, 102–118.630 If a TSP fails to pay or appeal 102–118.390 Must my agency renew its compromise, termination, or suspension an overcharge, what actions does GSA waiver to prepayment audits? of collection action on any outstanding pursue to ensure debt collection? 102–118.395 Are my agency’s prepayment debts to my agency? 102–118.635 Can a TSP file an audited transportation bills subject to 102–118.515 What are my agency’s administrative claim on collection periodic postpayment audit oversight responsibilities for verifying the correct actions? from the GSA Audit Division? amount of transportation charges? 102–118.640 Can a TSP request a review of Suspension of Agency Prepayment Audit 102–118.520 Will GSA instruct my agency’s a settlement action by the Administrator Programs disbursing offices to offset unpaid TSP of General Services? billings? 102–118.645 Are there time limits on a 102–118.400 Can GSA suspend my agency’s 102–118.525 Are there principles governing request for an administrative review by prepayment audit program? my agency’s collection procedures? the GSBCA? Subpart EÐPostpayment Transportation 102–118.530 Who has the authority to 102–118.650 If a TSP disagrees with a Audits audit, settle accounts, and/or start postpayment audit decision of the collection action for all transportation GSBCA, can they appeal? 102–118.405 Will the widespread services provided for my agency? 102–118.655 May my agency appeal a mandatory use of prepayment audits postpayment audit decision by the eliminate postpayment audits? Transportation Service Provider (TSP) Filing GSBCA? 102–118.410 Can the Administrator of Requirements General Services waive the postpayment 102–118.535 What are the filing Transportation Service Provider (TSP) Non- auditing provisions of this subpart? requirements for a TSP? Payment of a Claim 102–118.415 When is my agency allowed to 102–118.540 How does a TSP file an 102–118.660 If a TSP cannot immediately use a postpayment audit on our administrative claim using EDI or other pay a debt, can they make other transportation bills? electronic means? arrangements for payment? 102–118.420 What information must be on 102–118.545 Can a TSP file a supplemental 102–118.665 What if a TSP does not pay a my agency’s transportation bills? administrative claim? transportation debt? 102–118.425 What are the procedures used 102–118.550 What is the required format Authority: 31 U.S.C. 3726; and 40 U.S.C. to perform a postpayment audit? that a TSP must use to file an 481, et seq. 102–118.430 What are the postpayment administrative claim? audit responsibilities and roles of the 102–118.555 What documentation is Subpart AÐGeneral GSA Audit Division? required when filing an administrative 102–118.435 Must my agency pay for a claim? Introduction postpayment audit when using the GSA Transportation Service Provider (TSP) Audit Division? § 102±118.5 What is the purpose of this Appeal Procedures for Prepayment Audits part? Subpart FÐClaims and Appeal Procedures 102–118.560 If my agency denies the The purpose of this part is to interpret General Agency Information for All Claims challenge to the statement of difference, may the TSP appeal? statutes and other policies that assure 102–118.440 Can a TSP file a transportation 102–118.565 If a TSP disagrees with the that payment and payment mechanisms claim against my agency? decision of my agency, can the TSP for agency transportation services are 102–118.445 What is the time limit for a appeal? uniform and appropriate. This part TSP to file a transportation claim against 102–118.570 If a TSP disagrees with a communicates the policies clearly to my agency? prepayment audit decision of the GSA agencies and transportation service 102–118.450 What is the time limit for my Audit Division, can they appeal? agency to file a court claim with a TSP providers (TSPs). (See § 102–118.35 for 102–118.575 If a TSP disagrees with a the definition of TSP.) for freight charges, reparations, and loss prepayment audit decision of the or damage to the property? GSBCA, can they appeal? § 102±118.10 What is a transportation 102–118.455 Must my agency pay interest 102–118 .580 If my agency disagrees with a audit? on a disputed amount claimed by a TSP? prepayment or postpayment audit 102–118.460 Are there statutory time limits decision of the GSA Audit Division can A transportation audit is a thorough on filing an administrative claim with they appeal? review and validation of transportation the GSA Audit Division? 102–118.585 May my agency appeal a related bills. The audit must examine 102–118.465 Does interest apply after prepayment audit decision by the the validity, propriety, and conformity certification of payment of claims? GSBCA? of the charges with tariffs, quotations, 102–118.470 How does my agency settle agreements, or tenders. Each agency disputes with a TSP? Transportation Service Provider (TSP) 102–118.475 Is there a time limit for my Appeal Procedures for Postpayment Audits must ensure that its internal procedures agency to issue a decision on disputed 102–118.590 When a TSP disagrees with a prevent duplicate payments, only allow claims? Notice of Overcharge resulting from a payment for authorized services, and 102–118.480 What if my agency fails to postpayment audit, what are the appeal the TSP’s bill is complete with required settle a dispute within 30 days? procedures? documentation.
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§ 102±118.15 What is a transportation place of a paper signature and to bind established pursuant to section 13712 payment? parties to the terms and conditions of a and 10721 of the Revised Interstate A transportation payment is a contract. Commerce Act, as amended (49 U.S.C. payment made by an agency to a TSP for Electronic commerce means electronic 13712 and 10721), or other equivalent the movement of goods or people and/ techniques for performing business contract, arrangement or exemption or transportation related services. transactions (ordering and paying for from regulation. goods and services), including Postpayment audit means an audit of § 102±118.20 Who is subject to this part? electronic mail or messaging, Internet transportation billing documents after All agencies and TSPs defined in technology, electronic bulletin boards, payment to decide their validity, § 102–118.35 are subject to this part. charge cards, electronic funds transfers, propriety, and conformity with tariffs, Your agency is required to incorporate and electronic data interchange. quotations, agreements, or tenders. This this part into its internal regulations. Electronic data interchange means process may also include subsequent § 102±118.25 Does GSA require my agency electronic techniques for carrying out adjustments and collections actions to submit its transportation policies for transportation transactions using taken against a TSP by the Government. approval? electronic transmissions of the Prepayment audit means an audit of GSA does not require your agency to information instead of a paper transportation billing documents before submit its transportation policies for document. payment to determine their validity, approval. However, GSA may from time Electronic funds transfer means any propriety, and conformity with tariffs, to time request to examine your transfer of funds, other than transactions quotations, agreements, or tenders. agency’s transportation policies to verify initiated by cash, check, or similar Privately Owned Personal Property the correct performance of the paper instrument, that is initiated Government Bill of Lading, Standard prepayment audit of your agency’s through an electronic terminal, Form 1203, means the agency transportation bills. telephone, computer, or magnetic tape, transportation document used as a for the purpose of ordering, instructing, receipt of goods, evidence of title, and § 102±118.30 Are Government or authorizing a financial institution to generally a contract of carriage. It is only corporations bound by this part? debit or credit an account. The term available for the transportation of No, Government corporations are not includes Automated Clearinghouse household goods. Use of this form is bound by this part. However, they may transfers, Fed Wire transfers, transfers mandatory for Department of Defense, choose to use it if they wish. made at automatic teller machines and but optional for other agencies. Rate authority means the document Definitions point of sale terminals. This includes charge card transactions (31 U.S.C. that establishes the legal charges for a § 102±118.35 What definitions apply to this 332(i)). transportation shipment. Charges part? Government Bill of Lading (GBL) included in a rate authority might be The following definitions apply to means Standard Forms 1103 and 1203, those for transportation services allowed this part: the transportation documents used as a under rates, fares, and charges Agency means any department or receipt of goods, evidence of title, and contained in tariffs, tenders, and other establishment of the Federal generally a contract of carriage. equivalent arrangements. Government defined by 5 U.S.C. 305, Government contractor-issued charge Released value is stated in dollars and whose payments for transportation card means an individually billed travel is less than that of the cargo. The services are subject to the transportation card, which the individual is required to amount stated would be the maximum audit provisions of section 322 of the pay, or a centrally billed account for amount that could be recovered by the Transportation Act of 1940, as amended paying travel expenses, which the shipper in the event of loss or damage. (31 U.S.C. 3726). Also included are agency is required to pay. In return, the transportation service Federal entities such as mixed Government transportation request provider should offer a rate lower than ownership and wholly owned means Standard Form 1169, the other rates for shipping cargo at full corporations, if they request coverage by Government document used to buy value. The statement of released value this part, and GSA permits such transportation services. The document may be shown on any applicable tariff, coverage. normally obligates the Government to tender, or document covering the Agency claim means any demand by pay for the transportation services shipment. an agency upon a TSP for the payment provided. Reparation means the payment of overcharges, ordinary debts, fines, Offset means agency use of money involving a TSP to or from an agency of penalties, administrative fees, special owed by the agency to a transportation an improper transportation billing. charges, interest or unpaid original bills. service provider (TSP) to cover a Improper routing, overcharges, or Bill of lading, sometimes referred to as previous debt incurred to the agency by duplicate payments may cause such a commercial bill of lading, is the the TSP. improper billing. This is different from document used as a receipt of goods, Ordinary debt means administratively payments to settle a claim for loss and and documentary evidence of title. It is determined transportation debt other damage to items shipped under those also a contract of carriage except when than an overcharge. Ordinary debts rates. movement is under any authority other include, but are not limited to, Standard carrier alpha code means an than 49 U.S.C. 10721 and 49 U.S.C. payments for transportation services unique four-letter code assigned to each 13712. ordered and not provided, duplicate TSP by the National Motor Freight Document reference number means payments, unused tickets, and those Traffic Association, Inc. the unique number on a bill of lading, involving loss and/or damage to Statement of difference means a Government Bill of Lading, Government property transported by a TSP. statement issued by an agency or its Transportation Request, or ticket, used Overcharges means those charges for designated audit contractor during a to track the movement of shipments and transportation services more than those prepayment audit when they determine individuals. applicable under contract for carriage. that a TSP has billed the agency for EDI signature means a discrete Charges more than those applicable more than the proper amount for the authentication code intended to serve in under rates, fares and charges services. This statement tells the TSP on
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TRANSPORTATION SERVICE PROVIDER BILLING
(a) Ordering method (b) Billing method
(1) Government issued agency charge card, (2) Centrally billed travel account citation ...... (1) Bill from charge card company (may be elec- tronic). (3) Purchase order, (4) Bill of lading, (5) Government Bill of Lading, (6) Government Trans- (2) Bill from TSP (may be electronic). portation Request. (7) Contractor issued individual travel charge card, (8) Personal charge card, (9) Personal (3) Voucher from employee (may be electronic). cash.
§ 102±118.50 How does my agency pay for § 102±118.55 What administrative (e) All fees paid must be accounted transportation services? procedures must my agency establish for for in the aggregate delivery costs; payment of freight, household goods, or Your agency may pay for other transportation services? (f) All payments are subject to applicable statutory limitations; transportation services in three ways: Your agency must establish (a) Electronic funds transfer (EFT) (31 administrative procedures clearly (g) Procedures are established to U.S.C. 3332, et seq.). This method defining program controls including, at prevent and detect duplicate payments, requires your agency to make all a minimum, the following criteria: properly account for expenditures and payments by electronic means unless (a) The negotiated price is fair and discrepancy notices; your agency receives a waiver from the reasonable; (h) All charge card transactions are Department of the Treasury. (b) A document of agreement verified with any indebtedness lists; and signifying acceptance of the (b) Check. For those situations where (i) Procedures are established to arrangements with terms and conditions process any unused tickets. EFT is not possible and the Department is filed with the participating agency by of the Treasury has issued a waiver, the TSP; § 102±118.60 Can my agency use your agency may make payments by (c) The terms and conditions must be electronic billing for payment of transportation services? check. included in all transportation (c) Cash. In very unusual agreements and referenced on all Yes, when mutually agreeable to the circumstances and as a last option, your transportation documents (TDs); agency and the GSA Audit Division, agency payments may be made in cash. (d) Billing must be paid to the origin your agency is encouraged to use TSP and may not be waived; electronic commerce for the
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§ 102±118.145 What must my agency do if § 102±118.170 Where are the mandatory commercial procedures for the TSP makes an error on a bill? terms and conditions governing the use of transportation bought on a GBL or GTR. a GTR? Your agency must advise the TSP via The mandatory terms and conditions § 102±118.210 If a transportation debt is statement of difference of any governing the use of a GTR are owed because of loss or damage to adjustment either electronically or in property, does my agency report it to GSA? contained in this part, on the back of SF writing within 7 days of receipt of the 1169, and the ‘‘U.S. Passenger No, if your agency has bill, as required by the Prompt Payment Transportation’’ handbook. administratively determined that a debt Act (31 U.S.C. 3901, et seq.). This notice is owed, resulting from loss or damage, must refer to the TSP’s taxpayer § 102±118.175 When buying transportation follow your agency regulations. identification number, standard carrier on a GBL, must my agency reference the applicable contract or tender? § 102±118.215 What constitutes final alpha code, bill number and document receipt of shipment? reference number, agency name, amount Yes, your agency must reference the Final receipt of the shipment occurs requested, amount paid, payment applicable contract or tender when when the consignee or TSP acting on voucher number, complete tender or buying transportation on a GBL. behalf of the consignee fully signs and tariff authority, the applicable rate However, the referenced information on a GBL does not limit an audit of charges. dates the delivering TSP’s documents authority and the complete fiscal and the consignee’s copy of the same authority including the appropriation. § 102±118.180 When buying transportation document indicating delivery and/or on a GTR, must my agency reference the explaining any delay, loss, damage, or § 102±118.150 Will GSA continue to applicable contract? maintain a centralized numbering system shrinkage of shipment. for transportation documents (TDs)? Yes, when buying transportation, your agency must reference the applicable § 102±118.220 What if my agency creates Yes, GSA will maintain a numbering contract on a GTR. or eliminates a field office approved to system for GBLs and GTRs. For all other prepare transportation documents? TDs, each agency must create a unique § 102±118.185 What documents must a Your agency must tell the GSA Audit numbering system to account for and transportation service provider (TSP) send Division whenever it approves a new or to receive payment for a transportation existing agency field office to prepare prevent duplicate numbers. The Office billing? of Governmentwide Policy (MT) must transportation documents or when an For shipments bought on a TD, the approve this system. Write to: General agency field office is no longer TSP must submit a properly certified Services Administration, Office of authorized to do so. This notice must GBL or PPGBL. The TSP must attach a show the name, field office location of Governmentwide Policy (MT), 1800 F properly certified GBL or PPGBL to a SF the bureau or office, and the date on Street, NW, Washington, DC 20405. 1113, Public Voucher for Transportation which your agency granted or canceled Charges. The TSP must submit this Subpart CÐUse of Government Billing its authority to schedule payments for package and all supporting documents Documents Terms and Conditions transportation service. to the paying office, marked in Block 13 Governing Acceptance and Use of a of the GBL, or Block 21 of the PPGBL. Agency Responsibilities When Using Government Bill of Lading (GBL) or Government Bills of Lading (GBLs) or Government Transportation Request § 102±118.190 Can a TSP demand advance Government Transportation Requests (GTR) (Until Form Retirement) payment for the transportation charges (GTRs) submitted on a GBL? § 102±118.155 Must my agency prepare for No, a TSP cannot demand advance § 102±118.225 Must my agency keep the GBL retirement? physical control and accountability of the payment for transportation charges GBL and GTR forms or GBL and GTR Yes, your agency must prepare for the submitted on a GBL. numbers? GBL retirement. Effective September 30, § 102±118.195 May my agency pay an Yes, your agency is responsible for the 2001, your agency must phase out the agent functioning as a warehouseman for a physical control and accountability of use of the SF 1103 and SF 1203, principal TSP? the GBL and GTR stock and must have Privately Owned Personal Property No, your agency may only pay the procedures in place and available for Government Bills of Lading (PPGBLs), TSP with whom it has a contract. On a inspection by GSA. Your agency must for domestic shipments. After this date, GBL shipment, Block 1 of the SF 1103 consider them to be the same as money. your agency may use the GBL or PPGBL or Block 1 of the SF 1203, lists the TSP solely for international shipments. § 102±118.230 How does my agency get with whom the Government has a GBL and GTR forms? contract. § 102±118.160 Must my agency prepare for Your agency can get GBL and GTR the GTR retirement? § 102±118.200 May my agency use bills of forms, in either blank or prenumbered lading other than the GBL for a formats, from: General Services Yes. Your agency must use the GTR transportation shipment? only in situations that do not lend Administration, Federal Supply Service, General Products Commodity Center themselves to the use of commercial Yes, as long as the same terms and (7FXM–WS), 819 Taylor Street, Room payment methods. conditions stated on a GBL apply. The TSP must agree in writing to the Bill of 6A24, Fort Worth, TX 76102. § 102±118.165 Where are the mandatory Lading Handbook terms and conditions. § 102±118.235 How does my agency get an terms and conditions governing the use of Only an agency can convert a GBL to a assigned set of GBL or GTR numbers? a GBL? commercial bill of lading or vice versa. If your agency does not use preprinted The mandatory terms and conditions § 102±118.205 May my agency pay a TSP GBL and GTR forms, you may get an governing the use of a GBL are any added monies to pay for the assigned set of numbers from: General contained in this part, on the back of SF preparation and use of the GBL or GTR? Services Administration, Federal 1103 and SF 1203, and the ‘‘How to No. Your agency may not pay a TSP Supply Service, General Products Prepare Bills of Lading’’ handbook. a higher rate than comparable under Commodity Center (7FXM–WS), 819
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Taylor Street, Room 6A24, Fort Worth, § 102±118.265 What must my agency § 102±118.295 Must my agency advise the TX 76102. consider when designing and implementing TSP of any adjustment to the TSP's bill? a prepayment audit program? Yes, your agency must advise the TSP § 102±118.240 Who is accountable for the The method of ordering transportation of any adjustment to the bill either issuance and use of GBL and GTR forms? and transportation service is the electronically or in writing within 7 Agencies and agency employees are determining factor in designing a days of receipt of the bill. This notice responsible for the issuance and use of prepayment audit program. Your agency must refer to the TSP’s bill number, GBL and GTR forms and they are must consider all of the methods that agency name, travel identification accountable for their disposition. you use to order and pay for number, standard carrier alpha code, transportation and transportation document reference number, amount § 102±118.245 Are GBL and GTR forms services. With each method of ordering requested, amount paid, payment sequential? transportation and transportation voucher number, complete tender or Yes, GBL and GTR forms generally are services, your agency should ensure that tariff authority, including item or serially numbered when printed. No each TSP bill contains enough section number. information for the prepayment audit to other numbering of the forms, including § 102±118.300 Must my agency additions or changes to the prefixes or determine which contract or rate tender prepayment audit program establish appeal additions of suffixes, is permitted. is used and that the type and quantity procedures whereby a TSP may appeal any of additional services are clearly Quotations, Tenders or Contracts reduction in the amount billed? delineated. Each method of ordering Yes, your agency must delegate the § 102±118.250 Must my agency send a transportation and transportation appeal process to an agency official at quotation, tender, or contract with a TSP to services may require a different kind of a high enough administrative level for GSA? prepayment audit. adequate consideration and review of (a) Yes, your agency must send two § 102±118.270 What advantages does the the circumstances of the claim. Your copies of each quotation, tender, or prepayment audit offer my agency? agency must complete the review of the contract of special rates, fares, charges, Prepayment auditing will allow your appeal within 30 days. or concessions with TSPs including agency to detect billing errors before § 102±118.305 What must my agency do if those authorized by 49 U.S.C. 13712 and payment and will eliminate the need to the TSP disputes the findings and my 10721, upon execution to: General recover erroneous payments. agency cannot resolve the dispute? Services Administration, Federal § 102±118.275 What options for (a) If your agency is unable to resolve Supply Service, Audit Division (FBA), the disputed amount, your agency 1800 F Street, NW, Washington, DC performing a prepayment audit does my agency have? should forward all relevant documents 20405 http://pub.fss.gsa.gov/ota. including a complete billing history, (b) Exceptions are when this Your agency may perform a and the appropriation or fund charged, information is in an electronic format prepayment audit by: to: General Services Administration, and your agency and the GSA Audit (a) Creating an internal prepayment Federal Supply Service, Audit Division Division made a previous arrangement audit program; (FBA), 1800 F Street, NW, Washington, to transfer the information (b) Contracting with a vendor for a DC 20405, http://pub.fss.gsa.gov/ota. electronically. prepayment audit; or (b) The GSA Audit Division will (c) Using the services of a contractor review the appeal of an agency’s final, Subpart DÐPrepayment Audits of under GSA’s multiple award schedule full or partial denial of a claim and issue Transportation Services Agency covering audit and financial a decision. A TSP must submit claims Requirements for Prepayment Audits management services. within 3 years by following the guidelines established in § 102–118.460. § 102±118.255 What is a prepayment § 102±118.280 Must every electronic and audit? paper transportation bill undergo a § 102±118.310 What information must be prepayment audit? A prepayment audit is a review of a on my agency's transportation bills on completion of a prepayment audit? transportation service provider (TSP) All transportation bills and payments bill that occurs prior to your agency must undergo a prepayment audit (a) Your agency must annotate all of making payment to a TSP. This review unless the Administrator of General its transportation bills submitted for compares the charges on the bill against Services grants a specific waiver or your prepayment audit with: the charge permitted under the contract, agency’s prepayment audit program (1) The date received from a TSP; rate tender, or other agreement under uses a statistically significant sampling (2) A TSP’s bill number; which the TSP provided the of every bill to represent the whole. (3) Your agency name; (4) A Document Reference Number; transportation and/or transportation § 102±118.285 What are the limited related services. (5) The amount requested; exceptions to every bill undergoing a (6) The amount paid; § 102±118.260 Must my agency establish a prepayment audit? (7) The payment voucher number; prepayment audit program? The limited exceptions to bills (8) Complete tender or tariff authority, undergoing a prepayment audit are including item or section number; (a) Yes, your agency must send a those bills subject to a waiver from GSA (9) The taxpayer identification preliminary copy of your prepayment (which may include bills determined to number; audit program to: General Services be below your agency’s threshold). (10) The standard carrier alpha code; Administration, Office of Transportation (11) The auditor’s authorization code and Personal Property (MT), 1800 F § 102±118.290 How does my agency fund or initials; and Street, NW, Washington, DC 20405, its prepayment audit program? (12) A copy of any statement of http://policyworks.gov/org/main/MT. Your agency must pay for the difference sent to the TSP. (b) The final plan must be approved prepayment audit from those funds (b) Your agency can find added and in place by April 20, 2000. appropriated for transportation services. guidance in the handbook ‘‘How to
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Prepare and Process Bills of Lading’’, handling (e.g., bankruptcy, court case, § 102±118.350 What relief from liability is obtainable from: General Services etc.). These bills will be retained available for the certifying official under a Administration, Federal Supply Service, pursuant to 44 U.S.C. 3309 until claims postpayment audit? Audit Division (FBA), 1800 F Street, have been settled; and The agency counsel relieves a NW, Washington, DC 20405 http:// (j) Establish procedures in which certifying official from liability for pub.fss.gsa.gov/ota. transportation bills not subject to overpayments in cases where Maintaining an Approved Program prepayment audit (i.e. unused tickets postpayment is the approved method of and charge cards) are forwarded to the auditing and: § 102±118.315 How do I get approval for GSA Audit Division. (a) The overpayment occurred solely my agency's prepayment audit program? because the administrative audit process The highest level budget or financial § 102±118.325 What does the GSA Audit before payment did not verify official of each agency, such as the Chief Division consider when verifying an agency transportation rates; and Financial Officer, initially approves prepayment audit program? (b) The overpayment was the result of your agency’s prepayment audit The GSA Audit Division bases using improper transportation rates or program. After internal agency approval, verification of agency prepayment audit freight classifications or the failure to your agency submits the plan in writing programs on objective cost-savings, deduct the correct amount under a land to the GSA Audit Division for paperwork reductions, current audit grant law or agreement. verification. standards and other positive § 102±118.355 Do the requirements of a § 102±118.320 What are the elements of an improvements, as well as adherence to the guidelines listed in this part. prepayment audit change the disbursing acceptable prepayment audit program? official's liability for overpayment? An acceptable prepayment audit § 102±118.330 How does my agency Yes, the disbursing official has a program must: contact the GSA Audit Division? (a) Verify all transportation bills liability for overpayments on all against filed rates and charges before Your agency may contact the GSA transportation bills subject to payment; Audit Division by writing to: General prepayment audit (31 U.S.C. 3322). (b) Comply with the Prompt Payment Services Administration, Federal § 102±118.360 Where does relief from Act (31 U.S.C. 3901, et seq.); Supply Service, Audit Division (FBA), prepayment audit liability for certifying, (c) Apply to cost reimbursable 1800 F Street, NW, Washington, DC accountable, and disbursing officers reside contractors. Your agency’s prepayment 20405, http://pub.fss.gsa.gov/ota. in my agency? audit program must include the transportation bills from a cost § 102±118.335 If my agency chooses to Your agency’s counsel has the reimbursable contractor when the change a verified prepayment audit authority to relieve liability and give agency will assume those charges on program, does the program need to be re- advance opinions on liability issues to verified? bills; certifying, accountable, and disbursing (d) Allow for your agency to establish Yes, you must coordinate any changes officers (31 U.S.C. 3527). minimum financial thresholds for in your agency’s prepayment audit Waivers From Mandatory Prepayment auditing transportation bills; program with the GSA Audit Division. Audit (e) Require your agency’s paying office to offset debts from amounts owed Liability for Certifying and Disbursing § 102±118.365 Who has the authority to to the TSP within the 3 years as per 31 Officers grant a waiver of the prepayment audit requirement? U.S.C. 3726(b); § 102±118.340 Does establishing a (f) Arrange for the GSA Audit prepayment audit system or program Only the Administrator of General Division to verify the prepayment audit change the responsibilities of the certifying Services or designee has the authority to program. After this first verification, the officers? grant waivers from the prepayment agency may be subject to recurring audit requirement. annual program verification; Yes, in a prepayment audit (g) Complete accurate audits of environment, an official certifying a § 102±118.370 How does my agency apply transportation bills and notify the TSP transportation voucher is held liable for for a waiver from the requirement to of any adjustment within 7 calendar verifying transportation rates, freight perform a prepayment audit of transportation bills? days of receipt; classifications, and other information (h) Create accurate notices to the TSPs provided on a transportation billing Your agency must submit a request for that describe in detail the reasons for instrument or transportation request a waiver from the requirement to any full or partial rejection of the stated undergoing a prepayment audit (31 perform a prepayment audit in writing charges on the invoice. An accurate U.S.C. 3528). to: General Services Administration, notice must include the TSP’s invoice Office of Transportation and Personal number, the billed amount, TIN, § 102±118.345 With a prepayment audit Property (MT), 1800 F Street, NW, waiver, what liability does the certifying standard carrier alpha code, the charges officer have? Washington, DC 20405, http:// calculated by the agency, and the policyworks.gov/org/main/MT. specific reasons including applicable A certifying official is not liable for rate authority for the rejection; verifying transportation rates, freight § 102±118.375 What must a waiver request (i) Forward documentation monthly classifications, or other information include? to the GSA Audit Division, which will provided on a GBL or passenger A waiver request must explain in store paid transportation bills under the transportation request when the detail how the use of a prepayment General Records Schedule 9, Travel and Administrator of General Services or audit increases costs over a Transportation (36 CFR Chapter XII, designee waives the prepayment audit postpayment audit, decreases efficiency, 1228.22) which requires keeping records rules. This waiver of responsibility only involves a relevant public interest, for 3 years. GSA will arrange for storage applies to GBLs and GTRs (31 U.S.C. adversely affects the agency’s mission, of any document requiring special 3528). or is not feasible for the agency.
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§ 102±118.380 On what basis does GSA (b) A systematic or a multitude of § 102±118.425 What are the procedures grant a waiver to the prepayment audit individual failures will result in used to perform a postpayment audit? requirement? suspension. A suspension may be in When GSA performs a postpayment GSA issues waivers to the prepayment whole or in part for failure to conduct audit, the Administrator of General audit requirement based on: proper prepayment audits. Services or his designee has the (a) Cost-effectiveness; authority to implement the following Subpart E—Postpayment (b) Government efficiency; procedures: Transportation Audits (c) Public interest; or (a) Audit selected TSP bills after (d) Other factors the Administrator of § 102±118.405 Will the widespread payment; General Services considers appropriate. mandatory use of prepayment audits (b) Audit selected TSP bills before eliminate postpayment audits? payment as needed to protect the § 102±118.385 How long will GSA take to Government’s interest (i.e., bankruptcy, respond to a waiver request? No, the mandatory use of prepayment audits will not eliminate postpayment fraud); GSA will respond to a written waiver audits because: (c) Examine, settle, and adjust request within 30 days from the receipt (a) Postpayment audits will continue accounts involving payment for of a waiver request. for those areas which do not lend transportation and related services for § 102±118.390 Must my agency renew its themselves to the prepayment audit; the account of agencies; waiver to prepayment audits? and (d) Adjudicate and settle (b) The GSA Audit Division will transportation claims by and against Yes, your agency waiver to the continue to review and survey the agencies; prepayment audit process will not progress of the prepayment audit by (e) Offset an overcharge by any TSP exceed 2 years. Your agency must performing a postpayment audit on the from an amount subsequently found to reapply to ensure the circumstances at bills. The GSA Audit Division has a be due that TSP; the time of approval still apply. Congressionally mandated (f) Issue a Notice of Overcharge stating § 102±118.395 Are my agency's responsibility under 31 U.S.C. 3726 to that a TSP owes a debt to the agency. prepayment audited transportation bills perform oversight on transportation bill This notice states the amount paid, the subject to periodic postpayment audit payment. During the early startup basis for the proper charge for the DRN, oversight from the GSA Audit Division? period for prepayment audits, and cites applicable tariff or tender Yes. Two years or more after starting transportation bills are subject to a references with other data relied on to prepayment audits (depending on possible postpayment audit to discover support the overcharge. A separate results), the GSA Audit Division may the effectiveness of the prepayment Notice of Overcharge is prepared and subject your agency’s prepayment audit process. mailed for each transaction; and audited transportation bills to periodic (g) Issue a GSA Notice of postpayment audit oversight rather than § 102±118.410 Can the Administrator of Indebtedness when an ordinary debt is General Services waive the postpayment due an agency. This notice states the blanket postpayment audits. The GSA auditing provisions of this subpart? Audit Division will then prepare a basis for the debt, the TSP’s rights, report analyzing the success of your Yes, in certain circumstances, the interest, penalty, and other results of agency’s prepayment audit program. Administrator of General Services or nonpayment. The debt is due This report is on file and available for designee may waive the postpayment immediately and subject to interest your review. audit oversight requirements of this charges, penalties, and administrative subpart on a case by case basis. cost (31 U.S.C. 3717). Suspension of Agency Prepayment Audit Programs § 102±118.415 When is my agency allowed § 102±118.430 What are the postpayment to use a postpayment audit on our audit responsibilities and roles of the GSA § 102±118.400 Can GSA suspend my transportation bills? Audit Division? agency's prepayment audit program? Your agency may only use a When the GSA Audit Division (a) Yes, the Director of the GSA Audit postpayment audit when the performs a postpayment audit for your Division may suspend your agency’s Administrator of General Services has agency, GSA will: prepayment audit program based on: approved a waiver to the prepayment (a) Examine and analyze payments to (1) Failure to conduct an accurate audit requirement. discover their validity, relevance and prepayment audit of your agency’s § 102±118.420 What information must be conformity with tariffs, quotations, transportation bills; on my agency's transportation bills? contracts, agreements or tenders and (2) A pattern of failure to abide by the Your agency must annotate all of its make adjustments to protect the interest terms of the Prompt Payment Act; transportation bills submitted for of an agency; (3) Failure to adjudicate TSP claims postpayment audit with: (b) Examine, adjudicate, and settle disputing prepayment audit positions of (a) The date received from a TSP; transportation claims by and against the the agency regularly within 30 days of (b) A TSP’s bill number; agency; receipt; (c) Your agency name; (c) Collect from TSPs by refund, (4) Failure of the agency to follow (d) A Document Reference Number; setoff, offset or other means, the Comptroller General decisions, GSA (e) The amount requested; amounts determined to be due the Board of Contract Appeals decisions, (f) The amount paid; agency; the Federal Management Regulation and (g) The payment voucher number; (d) Adjust, terminate or suspend debts GSA instructions or precedents about (h) Complete tender or tariff authority, due on TSP overcharges; substantive and procedure matters; and/ including contract price (if purchased (e) Prepare reports to the Attorney or under the Federal Acquisition General of the United States with (5) Failure to provide information and Regulation), item or section number; recommendations about the legal and data or to cooperate with on-site (i) The taxpayer identification technical bases available for use in inspections necessary to conduct a number; and prosecuting or defending suits by or quality assurance review. (j) The standard carrier alpha code. against an agency and provide technical,
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TIME LIMITS ON ACTIONS TAKEN BY TSP
Freight Mode charges Statute (years)
(a) Air Domestic ...... 6 28 U.S.C. 2401, 2501. (b) Air International ...... 6 28 U.S.C. 2401, 2501. (c) Freight Forwarders (subject to the IC Act) ...... 3 49 U.S.C. 14705(f). (d) Motor ...... 3 49 U.S.C. 14705(f). (e) Rail ...... 3 49 U.S.C. 14705(f). (f) Water (subject to the IC Act) ...... 3 49 U.S.C. 14705(f). (g) Water (not subject to the IC Act) ...... 2 46 U.S.C. 745. (h) TSPs exempt from regulation ...... 6 28 U.S.C. 2401, 2501.
§ 102±118.450 What is the time limit for my and may involve freight charges. The agency to file a court claim with a TSP for following tables list the time limits: freight charges, reparations, and loss or damage to the property? Statutory time limits vary depending on the mode and the service involved
(A) TIME LIMITS ON ACTIONS TAKEN BY THE FEDERAL GOVERNMENT AGAINST TSPS
Mode Freight charges Reparations Loss and damage
(1) Rail ...... 3 years; 49 U.S.C. 11705 ...... 3 years; 49 U.S.C. 11705 ...... 6 years; 28 U.S.C. 2415. (2) Motor ...... 3 years; 49 U.S.C., 14705(f) ...... 3 years; 49 U.S.C., 14705(f) ...... 6 years; 28 U.S.C. 2415. (3) Freight Forwarders subject to 3 years; 49 U.S.C., 14705(f) ...... 3 years; 49 U.S.C., 14705(f) ...... 6 years; 28 U.S.C. 2415. the IC Act. (4) Water (subject to the IC Act) ... 3 years; 49 U.S.C., 14705(f) ...... 3 years; 49 U.S.C., 14705(f) ...... 6 years; 28 U.S.C. 2415. (5) Water (not subject to the IC 6 years; 28 U.S.C. 2415 ...... 2 years; 46 U.S.C. 821 ...... 1 year; 46 U.S.C., 1303(6) (if sub- Act). ject to Carriage of Goods by Sear Act, 46 U.S.C. 1300± 1315). (6) Domestic Air ...... 6 years; 28 U.S.C. 2415 ...... 6 years; 28 U.S.C. 2415. (7) International Air ...... 6 years; 28 U.S.C. 2415 ...... 2 years; 49 U.S.C. 40105.
(B) TIME LIMITS ON ACTIONS TAKEN BY THE FEDERAL GOVERNMENT AGAINST TSPS EXEMPT FROM REGULATION
Mode Freight Reparations Loss and damage
(1) All ...... 6 years; 28 U.S.C. 2415 ...... 6 years; 28 U.S.C. 2415.
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§ 102±118.455 Must my agency pay that no Notice of Overcharge or on the deduction of overcharges from interest on a disputed amount claimed by financial offset occurs), unless other amounts due a TSP (31 U.S.C. 3726) and a TSP? arrangements are made (e.g., charge card a 10-year limitation applies on the No, interest penalties under the refunds, etc.). These reports must be deduction of ordinary debt (31 U.S.C. Prompt Payment Act (31 U.S.C. 3901, et addressed to: General Services 3716). seq.), are not required when payment is Administration. Federal Supply Service, delayed because of a dispute between an Audit Division (FBA), Code: CC, 1800 § 102±118.525 Are there principles agency and a TSP. governing my agency's collection F Street, NW, Washington, DC 20405, procedures? http://pub.fss.gsa.gov/ota. § 102±118.460 Are there statutory time Yes, the principles governing your (b) Once a Notice of Overcharge is limits on filing an administrative claim with agency collection procedures for issued, then any refund is no longer the GSA Audit Division? reporting debts to the General considered voluntary and the agency Yes, an administrative claim must be Accounting Office (GAO) or the must forward the refund to the GSA received by the GSA Audit Division or Department of Justice are found in 4 Audit Division. its designee (the agency where the claim CFR parts 101 through 105 and in the arose) within 3 years beginning the day § 102.118.495 Must my agency send a GAO Policy and Procedures Manual for after the latest of the following dates voluntary refund to the Treasurer of the Guidance of Federal Agencies. The (except in time of war): United States? manual may be obtained by writing: (a) Accrual of the cause of action; No, your agency may keep and use Superintendent of Documents, (b) Payment of charges for the voluntary refunds submitted by a TSP, Government Printing Office, transportation involved; Washington, DC 20402, http:// (c) Subsequent refund for if the refund was made prior to a Notice www.access.gpo.gov/. overpayment of those charges; or of Overcharge issued by the GSA Audit Division. (d) Deductions made to a TSP claim § 102±118.530 Who has the authority to by the Government under 31 U.S.C. § 102±118.500 Can my agency revise or audit, settle accounts, and/or start 3726. alter a GSA Form 7931, Certificate of collection action for all transportation Settlement? services provided for my agency? § 102±118.465 Does interest apply after The Director of the GSA Audit certification of payment of claims? Generally, no, an agency must not revise or alter amounts on a GSA Form Division has the authority and Yes, interest under the Prompt responsibility to audit and settle all Payment Act (31 U.S.C. 3901, et seq.) 7931, Certificate of Settlement. The only change an agency can make to a GSA transportation related accounts (31 begins 30 days after certification for U.S.C. 3726). The reason for this is that payment by GSA. Form 7931 is to change the agency financial data to a correct cite. Any GSA he or she has access to Governmentwide § 102±118.470 How does my agency settle Form 7931 that cannot be paid (e.g., an data on a TSP’s payments and billings disputes with a TSP? amount previously paid), must be with the Government. Your agency has As a part of the prepayment audit immediately returned to the GSA Audit the responsibility to correctly pay program, your agency must have a plan Division with an explanation. individual transportation claims. to resolve disputes with a TSP. § 102±118.505 Does my agency have any Transportation Service Provider (TSP) § 102±118.475 Is there a time limit for my recourse not to pay a Certificate of Filing Requirements Settlement? agency to issue a decision on disputed § 102±118.535 What are the filing claims? No, a Certificate of Settlement is the requirements for a TSP? Yes, your agency must issue a ruling final administrative action. Transportation service provider on a disputed claim within 30 days of claims received by GSA or its designee receipt of the claim. § 102±118.510 Who is responsible for determining the standards for collection, must include one of the following: § 102±118.480 What if my agency fails to compromise, termination, or suspension of (a) The signature of an individual or settle a dispute within 30 days? collection action on any outstanding debts party legally entitled to receive payment (a) If your agency fails to settle a to my agency? for services; dispute within 30 days, the TSP may Under the Federal Claims Collection (b) The signature of the claimant’s appeal to: General Services Act of 1966, as amended (31 U.S.C. agent or attorney accompanied by a duly Administration, Federal Supply Service, 3711, et seq.), the Comptroller General executed power of attorney or other Audit Division (FBA), Code: CC, 1800 F and the Attorney General have joint documentary evidence of the agent’s or Street, NW, Washington, DC 20405, responsibility for issuing standards for attorney’s right to act for the claimant; http://pub.fss.gsa.gov/ota. your agency. or (b) If the TSP disagrees with the (c) An electronic signature, when § 102±118.515 What are my agency's mutually agreed upon. administrative settlement by the Audit responsibilities for verifying the correct Division, the TSP may appeal to the amount of transportation charges? § 102±118.540 How does a TSP file an General Services Contract Board of administrative claim using EDI or other Your agency’s employees are Appeals. electronic means? responsible for diligently verifying the The medium and precise format of § 102±118.485 May my agency appeal a correct amount of transportation charges decision by the General Services Board of prior to payment (31 U.S.C. 3527). transmitting data for filing an Contract Appeals (GSBCA)? administrative claim must be approved No, your agency may not appeal a § 102±118.520 Will GSA instruct my in advance by the GSA Audit Division. agency's disbursing offices to offset unpaid decision made by the GSBCA. GSA will use an authenticating EDI TSP billings? signature to certify receipt, delivery of § 102±118.490 What if a TSP submits a Yes, GSA will instruct one or more of goods, and an itemized bill reflecting voluntary refund to my agency? your agency’s disbursing offices to the services provided, with the lowest (a) An agency must report a voluntary deduct the amount due from an unpaid charges available for service. The TSP refund to the GSA Audit Division (so TSP’s bill. A 3-year limitation applies must be able to locate, identify, and
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Part IV
Department of Agriculture Office of the Secretary
Forest Service Department of the Interior Office of the Secretary
Unified Federal Policy for Ensuring a Watershed Approach to Federal Land and Resource Management; Notices
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DEPARTMENT OF AGRICULTURE received. All comments will also be within a hydrologically defined available electronically for public geographical area, taking into Office of the Secretary inspection at the close of the comment consideration both ground and surface period at www.cleanwater.gov/ufp. water flow. As envisioned by the DEPARTMENT OF THE INTERIOR FOR FURTHER INFORMATION CONTACT: Eric proposed policy, a watershed approach to Federal land and resource Office of the Secretary Janes, Rangelands, Soil and Water Group, Bureau of Land Management, management emphasizes the following: Unified Federal Policy for Ensuring a Department of the Interior or Karen • Assessing the function and Watershed Approach to Federal Land Solari, Watershed and Air Management condition of watersheds; and Resource Management Staff, Forest Service, Department of • Incorporating watershed goals in Agriculture, at (801) 517–1037. Federal agency planning and programs; AGENCIES: Office of the Secretary, SUPPLEMENTARY INFORMATION: The • Enhancing pollution prevention; USDA; Office of the Secretary, Interior. proposed unified Federal policy on • Improving monitoring; ACTION: Notice of proposed policy; watershed management is intended to • Restoring watersheds; request for public comment. provide a framework to enhance • Identifying waters of exceptional watershed management for the value; and SUMMARY: The President’s Clean Water • Action Plan announces the intention of protection of water quality and the Expanding collaboration among the Departments of Agriculture and the health of aquatic ecosystems on Federal Federal agencies, States, Tribes, and Interior to develop a unified Federal lands and is one of the 111 action items interested stakeholders. in the President’s February 1998 Clean policy on watershed management in Who prepared the proposed policy? consultation with other Federal Water Action Plan: Restoring and An interagency team prepared the agencies, States, Tribes, and interested Protecting America’s Waters. In the proposed policy. The team included stakeholders. This policy would provide following question and answer format, representatives of more than a dozen a framework for a watershed approach we explain the purpose and content of Federal bureaus and agencies, especially to Federal land and resource the proposed policy. The full text of the from the major land management management activities. The proposed proposed policy is set out at the end of agencies and the science, regulatory, policy is the collaborative effort of this notice. and resource agencies involved in several Federal agencies and is offered About the Proposed Policy watershed and water quality activities for public review and comment by the on Federal lands. This proposal is put Departments of Agriculture and the What are the goals and principles of the forth by the Departments of Agriculture Interior. Unified Federal Policy for Ensuring a Watershed Approach to Federal Land and the Interior. Other Federal agencies DATES: You should submit comments by and Resource Management? that are affected have had an April 24, 2000. We will not consider We have proposed the following goals opportunity to review and have comments postmarked or received by concurred with this proposal as well. messenger, electronic mail, FAX, or and principles for Federal agencies as their programs and resources allow: What discussions occurred with non- other means after this date in our • decisionmaking on this policy. In Use a consistent and scientific Federal agencies? addition to the request for comments in approach to managing lands and resources and for assessing, protecting, The Departments of Agriculture and this notice, we will hold regional the Interior solicited comments from meetings in four cities to provide and restoring watersheds. • Identify specific watersheds in States and Tribes on a working draft of information, answer questions, and which to focus our budgetary and other this policy. We were particularly solicit written comments. We will resources and accelerate improvements interested in receiving early feedback provide time for informational meetings in water quality and watershed from States and Tribes on the following with Tribes on the same day as these condition. major issues: meetings. We anticipate holding these • • Use the results of watershed How we can coordinate and better meetings in the following locations: assessments to guide planning and integrate our policy proposals with State Denver, CO; Portland, OR; Atlanta, GA; management activities. and Tribal water quality and watershed and Milwaukee, WI. We will publish • Work closely with States, Tribes, programs; • information on meeting locations and local governments, and stakeholders to What the potential impacts of our dates in a separate Federal Register implement this policy. policy proposals are on State and Tribal notice and at www.cleanwater.gov/ufp. • Meet our Clean Water Act water quality and watershed programs; ADDRESSES: You may send or hand responsibility to adhere to Federal, and deliver written comments to: USDA- State, Tribal, interstate, and local water • Whether any of these policy Forest Service, Content Analysis quality requirements to the same extent proposals would seriously hinder State Enterprise Team, Attn: UFP, Building 2, as non-governmental entities. and Tribal water quality protection and Suite 295, 5500 Amelia Earhart Drive, • Take steps to ensure that Federal watershed management efforts. Salt Lake City, UT 84116. You may also land and resource management actions States and Tribes also have the fax comments to (801) 517–1021 or are consistent with Federal, State, opportunity to submit detailed written submit comments electronically to Tribal, and, where appropriate, local comments on the proposed policy cleanwater/[email protected]. government water quality management during this formal public comment Comments are available for public programs. period along with other stakeholders. inspection and copying at the address above during regular business hours What does it mean to take a watershed What issues did States and Tribes raise (8:00 a.m. to 5:00 p.m., Monday through approach to land and resource after their review of the working draft? Friday, except Federal holidays). You management? A working draft of the proposed are encouraged to call (801) 517–1037 to A watershed approach focuses efforts policy was sent to the States and to arrange a time to inspect the comments to address the highest priority problems Federally recognized Tribes for a
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(6) The extent of public interest. impairment of current or future uses, 1. We will improve cooperation 2. We will develop a process and and restore watersheds where State and among Federal agencies. We will guidelines for identifying and Tribal water quality requirements under develop a common framework for designating waters or watersheds on the Clean Water Act are not achieved. addressing water quality and aquatic Federal lands that may have significant 7. We will help States and Tribes ecosystem issues for watersheds at the human health, public use, or aquatic develop science-based total maximum national, regional, State, and Tribal ecosystem values and a need for special daily loads (TMDLs). We will develop a levels. protection. coordinated approach for assisting and 2. We will improve cooperation with 3. We will implement pollution supporting State and Tribal efforts to States, Tribes, and local governments. prevention and controls, consistent with develop and implement TMDLs in We will develop formal agreements as applicable legal authorities. watersheds with significant Federal appropriate with States, Tribes, and a. We will address nonpoint and point land and resource management local governments to clarify source pollution from Federal land activities. We will provide technical responsibilities for watershed management activities, protect or assistance, tools, and expertise. We will management. These agreements will improve water quality, and meet use TMDL results in watershed seek a watershed-based approach for applicable State and Tribal water planning and subsequent resource preventing or reducing pollution from quality requirements under the Clean management activities to meet point and nonpoint sources. Water Act. applicable State and Tribal water 3. We will expand opportunities for b. We will work with States, Tribes, quality requirements under the Clean participation by interested stakeholders. and, as appropriate, local governments Water Act. We will seek participation by interested to address nonpoint sources of pollution C. We will improve our compliance stakeholders in watershed planning and by: with water quality requirements under management decisions using available (1) Identifying best management the Clean Water Act. mechanisms in existing planning practices (BMPs) and management 1. We will review agency policies to processes. We will: strategies that meet Federal, State, and a. Identify specific opportunities for improve compliance with water quality Tribal water quality requirements; review and comment by interested requirements. We will identify and (2) Adjusting BMPs when monitoring stakeholders during Federal land and review our rules, policies, and reveals that they do not adequately watershed planning efforts; procedures that affect water quality or protect water quality; and b. Provide opportunities for interested watershed condition for compliance (3) Mitigating impacts when stakeholders to participate in under the Clean Water Act with implementation of BMPs results in monitoring and assessing watershed applicable Federal, State, Tribal, unexpected adverse water quality conditions and in implementing interstate, and local requirements for impacts. watershed restoration projects; and 4. We will improve watershed preventing and controlling water c. Seek early feedback on key conditions through restoration and pollution. decisions affecting watershed adaptive management. We will work 2. We will integrate water quality management through the Watershed with States, Tribes, local governments, standards and watershed management Forum process called for in the Clean and interested stakeholders to improve goals. We will work collaboratively to Water Action Plan and carefully the condition of priority watersheds. clarify relationships under the Clean consider this feedback in agency Changes in management strategies and Water Act among BMPs, TMDLs, and decision making. restoration efforts will focus on State and Tribal water quality standards 4. We will expand opportunities for watersheds where Federal land and to achieve the following goals: dialogue with private landholders. In resource management activities can a. Better coordination of watershed priority watersheds with a mix of meaningfully influence water quality goals and objectives; Federal and private lands, we will work and aquatic resources. b. Better sharing of scientific and with private sector landholders to 5. We will base watershed technical resources; involve them in the watershed management on good science. We will c. Water quality standards that better management process. We will work use good scientific information from account for nonpoint source pollution; closely to ensure that Federally funded research and management experience in d. Better implementation mechanisms projects involving private cost-share designing and implementing watershed for meeting standards under the Clean partners fully consider watershed planning and management programs, Water Act, including practical interim management objectives for both public and setting management goals (e.g., measures where standards are not and private lands. desired conditions). To expand current immediately achievable; and 5. We will coordinate monitoring. We knowledge, we will collaborate to e. Consistent treatment of Federal and will develop and implement a identify research needs and contribute non-Federal entities as required by the coordinated monitoring and evaluation to or sponsor research, as appropriate. Clean Water Act. approach and will monitor water quality 6. We will identify and incorporate 3. We will review our policies and trends and our management activities to watershed management goals into our processes that may affect land and determine whether progress is being planning, programs, and actions. We water uses and water quality. In made in protecting and improving water will periodically review and amend, as cooperation with States and Tribes, we quality. appropriate, policies and management will review our policies and processes 6. We will share training, information, plans for Federal lands and resources to for land and water uses that may affect and resources. To promote collaboration meet goals for watershed protection and water quality and watershed condition. and consistency in watershed improvement. We will incorporate We will consider revising these policies management practices, Federal agencies adaptive management principles into or processes, as appropriate, to ensure will continue, expand, develop, our programs. Our watershed goals will that they address watershed protection, implement, and make available joint seek to minimize adverse water quality improvement, monitoring, and water training programs; share information impacts due to ongoing and future quality compliance. and resources; transfer technologies for management programs, minimize D. We will enhance collaboration. watershed management; and develop a
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Date City Location Time
Tuesday, March 7 ...... Portland, OR ...... Oregon Convention Center, 777 NE Martin Tribal meeting 1 p.m.±4 p.m.; public meeting Luther King Jr. Blvd. 6 p.m.±9 p.m. Thursday, March 9 ...... Milwaukee, WI ...... Hyatt Regency Milwaukee, 333 West Kilbourn Tribal meeting 1 p.m.±4 p.m.; public meeting Avenue. 6 p.m.±9 p.m. Tuesday, March 14 ..... Atlanta, GA ...... Cobb Galleria Center, Two Galleria Parkway Tribal meeting 1 p.m.±4 p.m.; public meeting 6 p.m.±9 p.m. Thursday, March 16 .... Denver, CO ...... Colorado Convention Center, 700 14th Street Tribal meeting 1 p.m.±4 p.m.; public meeting 6 p.m.±9 p.m.
Dated: February 15, 2000. Hilda Diaz-Soltero, Associate Chief for Natural Resources. [FR Doc. 00–4114 Filed 2–18–00; 8:45 am] BILLING CODE 3410±11±P
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Reader Aids Federal Register Vol. 65, No. 35 Tuesday, February 22, 2000
CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING FEBRUARY
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 1469...... 7942 1478...... 7942 Presidential Documents Proclamations: 3418...... 5993 Executive orders and proclamations 523±5227 7270...... 5217 Proposed Rules: The United States Government Manual 523±5227 7271...... 5219 46...... 7462 7272...... 7709 47...... 7462 7273...... 8621 Other Services 54...... 4780 Executive Orders: 245...... 5791 Electronic and on-line services (voice) 523±4534 13145...... 6877 457...... 6033 Privacy Act Compilation 523±3187 Administrative Orders: 718...... 5444 Public Laws Update Service (numbers, dates, etc.) 523±6641 Directive of January 928...... 8313 TTY for the deaf-and-hard-of-hearing 523±5229 31, 2000 ...... 5729 985...... 8069 Directive of January 989...... 6341 ELECTRONIC RESEARCH 31, 2000 ...... 5731 1218...... 7657 Presidential Determinations: 1735...... 6922 World Wide Web No. 2000±10 of 8 CFR January 31, 2000 ...... 5407 Full text of the daily Federal Register, CFR and other 214...... 7715 publications: No. 2000±11 of February 1, 2000 ...... 6523 9 CFR http://www.access.gpo.gov/nara No. 2000±12 of Federal Register information and research tools, including Public February 10, 2000 ...... 8243 Ch. III ...... 6881 1...... 6312 Inspection List, indexes, and links to GPO Access: Memorandums: 77...... 5998 February 16, 2000 ...... 8629 http://www.nara.gov/fedreg 91...... 8013 January 27, 2000...... 8631 E-mail 145...... 8014 5 CFR 147...... 8014 PENS (Public Law Electronic Notification Service) is an E-mail 581...... 4753 381...... 6886 service for notification of recently enacted Public Laws. To 582...... 4753 Proposed Rules: subscribe, send E-mail to 1201...... 5409 2...... 8318 [email protected] 1208...... 5410 3...... 8318 with the text message: 2638...... 7275 94...... 6040 subscribe PUBLAWS-L your name Proposed Rules: 10 CFR 630...... 6339 Use [email protected] only to subscribe or unsubscribe to 72...... 8234 PENS. We cannot respond to specific inquiries. 7 CFR 708...... 6314 Reference questions. Send questions and comments about the 1...... 5414 Proposed Rules: Federal Register system to: 301 ...... 4865, 5221, 6525, 8633 Ch. I ...... 8072 505...... 6526 50...... 6044 [email protected] 718...... 7942, 8245 430...... 8074 The Federal Register staff cannot interpret specific documents or 723...... 7942 12 CFR regulations. 729...... 8245 905...... 5733 Ch. IX...... 8253 201...... 6531 FEDERAL REGISTER PAGES AND DATE, FEBRUARY 916...... 6305 917...... 6305 272...... 6319 4753±4864...... 1 944...... 5733 611...... 8023 620...... 8023 4865±5218...... 2 955...... 5736 702...... 8560 5219±5406...... 3 959...... 7711 966...... 8247 741...... 8560 5407±5732...... 4 981...... 4867 747...... 8560 5733±5992...... 7 985...... 6308, 6528 936...... 5738 5993±6304...... 8 1218...... 7652 960...... 5418 6305±6522...... 9 1230...... 7281 Proposed Rules: 6523±6880...... 10 1400...... 7942 Ch. I ...... 4895 6881±7274...... 11 1412...... 7942 40...... 8770 7275±7426...... 14 1421...... 7942 216...... 8770 7427±7708...... 15 1427...... 7942 225...... 6924 7709±8012...... 16 1430...... 7942 332...... 8770 8013±8242...... 17 1434...... 7942 573...... 8770 8243±8630...... 18 1435...... 7942 611...... 5286 1439...... 7942 702...... 8597 8631±8840...... 22 1446...... 8245 951...... 5447 1447...... 7942 997...... 5447 1464...... 7942 1735...... 7312
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13 CFR 18 CFR 938...... 4882 70...... 7290 400...... 6888 Proposed Rules: 946...... 5782 80...... 6698 500...... 6888 157...... 7803 Proposed Rules: 85...... 6698 270...... 6048 870...... 7706 86...... 6698, 8275 14 CFR 375...... 6048 913...... 7331 180...... 7737, 7744 23...... 7283 381...... 6048 917...... 8327 258...... 7294 300...... 5435 39...... 4754, 382...... 5289 32 CFR 4755, 4757, 4760, 4761, 761...... 5442 4870, 5222, 5228, 5229, 19 CFR 220...... 7724 Proposed Rules: 5235, 5238, 5241, 5243, 132...... 5430 310...... 7732 52 ...... 5296, 5297, 5298, 5462, 5419, 5421, 5422, 5425, 163...... 5430 505...... 6894 5463, 6091, 7470, 8081, 5427, 5428, 5739, 5741, Proposed Rules: 8082, 8092, 8094, 8097, 33 CFR 5743, 5745, 5746, 5749, 12...... 6062 8103, 8676, 8679 5752, 5754, 5757, 5759, 113...... 6062 100...... 8049 62...... 6102 117 ...... 5785, 6325, 6326, 7436 268...... 7809 5761, 6444, 6533, 6534, 20 CFR 7427, 7428, 7716, 7717, 165...... 8049 70...... 7333 7719, 7720, 8024, 8025, Proposed Rules: Proposed Rules: 130...... 4919 8027, 8028, 8030, 8031, 404...... 6929 100...... 5833 300...... 5465, 5844 8032, 8034, 8037, 8039, 416...... 6929 110...... 5833, 7333 445...... 6950 140...... 8671 8640, 8642, 8645, 8649, 21 CFR 41CFR 8651, 8653 141...... 8671 71 ...... 4871, 4872, 4873, 4874, 175...... 6889, 8272 142...... 8671 302...... 8657 5762, 5763, 5764, 5765, 176...... 7272 143...... 8671 Proposed Rules: 5767, 5768, 5769, 5770, 522...... 6892 144...... 8671 101±41...... 8818 5999, 6000, 6320, 6535, 876...... 4881 145...... 8671 102±118...... 8818 886...... 6893 7287, 7722, 8043, 8044, 146...... 8671 42 CFR 8045, 8046, 8047, 8269, 1308...... 5024 147...... 8671 8270, 8271, 8655, 8656 Proposed Rules: 165...... 5833, 7333 412...... 5933 91...... 5396, 5936 10...... 7321 174...... 7926 413...... 5933, 8660 93...... 5396 11...... 8669 187...... 7926 483...... 5933 97 ...... 4875, 4877, 4879, 6321, 14...... 7321 485...... 5933 34 CFR 6324 19...... 7321 Proposed Rules: 121...... 5396 25...... 7321 637...... 7674 36...... 4797 135...... 5396 101...... 7806 676...... 4886 43 CFR 200...... 6446 1310...... 4913 Proposed Rules: 11...... 6012 211...... 6446 23 CFR 611...... 6936 213...... 6446 694...... 5844 Proposed Rules: 216...... 6446 Proposed Rules: 2560...... 6259 645...... 6344 36 CFR 291...... 6446 44 CFR 300...... 6446 24 CFR 327...... 6896 Proposed Rules: 64...... 8662, 8664 302...... 6446, 7418 206...... 5406 303...... 6446 217...... 5462 65 ...... 6014, 6018, 6023, 6025, Proposed Rules: 305...... 6446 219...... 5462 7440 990...... 7330 377...... 6446 242...... 5196, 8673 67 ...... 6028, 6031, 7443 385...... 6446 25 CFR 1234...... 5295 209...... 7270 399...... 6446 170...... 7431 1260...... 8077 Proposed Rules: Proposed Rules: Ch. XV ...... 8010 67 ...... 6103, 6105, 7471 26 CFR 21...... 5224, 8006 37 CFR 45 CFR 25...... 5024, 8006 1 ...... 5432, 5772, 5775, 5777, Proposed Rules: 39...... 4781, 6001 286...... 8478 201...... 6573, 6946 4782, 4784, 4786, 4788, 35...... 6001, 8234 287...... 8478 4790, 4792, 4793, 4897, 1303...... 4764 602 ...... 5775, 5777, 6001 38 CFR 4900, 4902, 4904, 4906, Proposed Rules: Proposed Rules: 8...... 7436 5453, 5455, 5456, 5459, 1 ...... 5805, 5807, 6065, 6090, 96...... 5471 21...... 5785 6046, 6563, 6565, 6566, 7807 46 CFR 6925, 6927, 7316, 7465, 602...... 5807 Proposed Rules: 7789, 7794, 7796, 7801, 3...... 7807, 8329 2...... 6494 8075, 8667 27 CFR 8...... 7467 30...... 6494 71 ...... 4910, 4911, 5804, 7320, Proposed Rules: 20...... 7468 31...... 6494 8321, 8322, 8324, 8325, 9...... 5828 21...... 4914 52...... 6494 8326 61...... 6494 28 CFR 39 CFR 91...... 5024, 8006 71...... 6494 108...... 4912 92...... 7723 111 ...... 4864, 5789, 6903, 7288 90...... 6494 109...... 4912 3001...... 6536 91...... 6494 29 CFR 111...... 4912 Proposed Rules: 98...... 6494 121...... 4912, 8006 44...... 7194 111...... 4918, 6950 107...... 6494 2200...... 7434 110...... 6494 125...... 5024, 8006 40 CFR 129...... 4912, 8006 2520...... 7152 114...... 6494 191...... 4912 2560...... 7181 51...... 8656 115...... 6494 2570...... 7185 52 ...... 4887, 5245, 5252, 5259, 125...... 6494 15 CFR 4044...... 7435 5262, 5264, 5433, 6327, 126...... 6494 303...... 8048 Proposed Rules: 7290, 7437, 8051, 8053, 132...... 6494 1910...... 4795 8057, 8060, 8064 133...... 6494 17 CFR 59...... 7736 134...... 6494 1...... 6569 30 CFR 62...... 6008 167...... 6494 232...... 6444 250...... 6536 63...... 8768 169...... 6494
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175...... 6494 90...... 7749 9903...... 5990 7757 176...... 6494 97...... 6548 Proposed Rules: 18...... 52750 188...... 6494 Proposed Rules: 30...... 4940 226...... 7764 189...... 6494 1...... 6113 215...... 6574 622...... 8067 195...... 6494 25...... 6950 252...... 6574 648...... 7460 199...... 6494 73 ...... 4798, 4799, 4923, 7815, 679 .....4891, 4892, 4893, 5278, 388...... 6905 49 CFR 7816, 7817, 8679 5283, 5284, 5285, 5442, 107...... 7297 Proposed Rules: 76...... 4927, 7481 6561, 6921, 7461, 7787, 15...... 6350 172...... 7310 95...... 4935 8067, 8281, 8282, 8297, 110...... 6111 195...... 4770 48 CFR 111...... 6111 386...... 7753 8298 515...... 7335 Ch. 2 ...... 6554 571...... 6327 Proposed Rules: 201...... 6551 1002...... 8280 17 ...... 4940, 5298, 5474, 5848, 47 CFR 203...... 4864 1011...... 8280 5946, 6114, 6952, 7339, Ch. I ...... 5267 209...... 4864 1182...... 8280 7483, 7817, 8104 0...... 7448 211...... 6553 Proposed Rules: 100...... 5196, 8673 1...... 4891, 7460 212...... 6553 222...... 7483 223 ...... 6960, 7346, 7819 219...... 6554 11...... 7616 229...... 7483 622...... 5299, 8107 51 ...... 6912, 7744, 8280 225 ...... 4864, 6551, 6553 567...... 5847 648 .....4941, 5486, 6575, 6975, 64...... 8666 249...... 4864 568...... 5847 73 ...... 6544, 7448, 7616, 7747, 252...... 6553 7820 7748, 7749 1825...... 6915 50 CFR 660 .....6351, 6577, 6976, 7820, 74...... 7616 1852...... 6915 13...... 6916 8107 76...... 7448 2432...... 6444 17 .....4770, 52680, 6332, 6916,
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REMINDERS Texas; published 1-20-00 Work provisions; Pollock; comments due by The items in this list were HOUSING AND URBAN comments due by 2-22- 2-24-00; published 1-25- editorially compiled as an aid DEVELOPMENT 00; published 12-23-99 00 to Federal Register users. DEPARTMENT AGRICULTURE Caribbean, Gulf, and South Inclusion or exclusion from Acquisition regulations: DEPARTMENT Atlantic fisheriesÐ this list has no legal Miscellaneous amendments; Forest Service South Atlantic Fishery significance. published 1-21-00 Land uses: Management Council; Miscellaneous amendments; hearings; comments Special use authorizations; due by 3-1-00; correction; published 2-9- costs recovery for RULES GOING INTO 00 published 2-3-00 EFFECT FEBRUARY 22, processing applications TRANSPORTATION and monitoring Northeastern United States 2000 DEPARTMENT compliance; comments fisheriesÐ Federal Aviation due by 2-24-00; published Atlantic sea scallop; AGRICULTURE Administration 12-29-99 comments due by 3-1- DEPARTMENT 00; published 2-4-00 Airworthiness directives: AGRICULTURE Dealer and vessel Animal and Plant Health Airbus; published 2-7-00 DEPARTMENT Inspection Service reporting requirements; Food Safety and Inspection Pratt & Whitney; published comments due by 3-2- Plant-related quarantine, 12-21-99 Service domestic: 00; published 2-16-00 TREASURY DEPARTMENT Meat and poultry inspection: Melon fruit fly; published 2- Summer flounder, scup, Alcohol, Tobacco and Sodium diacetate, sodium 22-00 and Black Sea bass; Firearms Bureau acetate, sodium lactate comments due by 2-28- AGRICULTURE Alcohol, tobacco, and other and potassium lactate; 00; published 1-28-00 DEPARTMENT excise taxes: use as food additives; West Coast States and Food and Nutrition Service Tobacco productsÐ comments due by 2-22- Western Pacific 00; published 1-20-00 Child nutrition programs: Importation restrictions, fisheriesÐ Women, infants, and markings, minimum AGRICULTURE Coastal pelagic species; children; special manufacturing DEPARTMENT comments due by 2-24- supplemental nutrition requirements, and Grain Inspection, Packers 00; published 1-25-00 programÐ penalty provisions; and Stockyards Western Pacific pelagic; Certification integrity; published 12-22-99 Administration comments due by 3-3- published 1-21-00 Fees: 00; published 2-17-00 AGRICULTURE COMMENTS DUE NEXT Official inspection and COMMERCE DEPARTMENT DEPARTMENT WEEK weighing services; Patent and Trademark Office comments due by 3-3-00; Food Safety and Inspection Inventors' Rights Act; published 1-3-00 Service AGRICULTURE implementation: Grain inspection: Meat and poultry inspection: DEPARTMENT Invention promoters; Irradiation of refrigerated or Animal and Plant Health Rice; fees increase; complaints; comments due frozen uncooked meat, Inspection Service comments due by 3-3-00; by 2-22-00; published 1- meat byproducts, etc.; Export certification: published 1-3-00 20-00 published 12-23-99 Solid wood packing COMMERCE DEPARTMENT COMMODITY FUTURES Irradiation of refrigerated or materials exported to National Oceanic and TRADING COMMISSION frozen uncooked meat, China; heat treatment; Atmospheric Administration Commodity Exchange Act: meat byproducts, etc.; comments due by 2-25- Endangered and threatened Contract market rule review technical correction; 00; published 12-27-99 species: procedures; comments published 1-14-00 Exportation and importation of Marine and anadromous due by 2-24-00; published ENVIRONMENTAL animals and animal speciesÐ 1-24-00 PROTECTION AGENCY products: West Coast Steelhead; African swine fever; disease DEFENSE DEPARTMENT Air quality implementation Snake River, Central status changeÐ Air Force Department plans: California Coast; Sales and services: Preparation, adoption, and Portugal; comments due Evolutionary significant submittalÐ by 2-28-00; published units; comments due by Release, dissemination, and 12-29-99 sale of visual information Requirements; technical 2-22-00; published 12- materials; comments due amendment; published Noxious weeds: 30-99 by 2-28-00; published 12- 2-22-00 Weed and seed lists; Salmonids; take prohibitions; 28-99 Air quality implementation update; comments due by comments due by 3-3-00; DEFENSE DEPARTMENT plans; approval and 2-25-00; published 12-27- published 1-3-00 promulgation; various 99 West Coast salmonids; Civilian health and medical States: Plant-related quarantine, evolutionarily significant program of uniformed domestic: services (CHAMPUS): California; published 12-22- units; comments due by 99 Pine shoot beetle; 3-3-00; published 1-3-00 TRICARE programÐ comments due by 2-22- Missouri; published 12-23-99 Fishery conservation and Maternity care; 00; published 12-21-99 nonavailability statement Texas; published 12-22-99 management: AGRICULTURE Alaska; fisheries of requirement; comments FEDERAL DEPARTMENT Exclusive Economic due by 2-22-00; COMMUNICATIONS Food and Nutrition Service ZoneÐ published 12-23-99 COMMISSION Food stamp program: American Fisheries Act; EMERGENCY OIL AND GAS Radio stations; table of Personal Responsibility and emergency GUARANTEED LOAN assignments: Work Opportunity implementation; BOARD Florida; published 1-20-00 Reconciliation Act of comments due by 2-28- National Environmental Policy Montana; published 1-20-00 1996; implementationÐ 00; published 1-28-00 Act; implementation:
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Loan guarantee decisions; Indiana; comments due by FEDERAL HOUSING Mountain yellow-legged frog; information availability; 2-25-00; published 1-26- FINANCE BOARD southern California distinct comments due by 2-22- 00 Federal home loan bank vertebrate population 00; published 12-23-99 Nebraska; comments due by system: segment; comments due EMERGENCY STEEL 2-22-00; published 1-20- Boards of directors and by 2-22-00; published 12- GUARANTEE LOAN BOARD 00 senior management; 22-99 National Environmental Policy Air quality implementation powers and San Diego ambrosia; Act; implementation: plans; √A√approval and responsibilities; comments comments due by 2-28- Loan guarantee decisions; promulgation; various due by 3-3-00; published 00; published 12-29-99 information availability; States; air quality planning 1-3-00 INTERIOR DEPARTMENT comments due by 2-22- purposes; designation of FEDERAL MARITIME Surface Mining Reclamation 00; published 12-23-99 areas: COMMISSION and Enforcement Office ENERGY DEPARTMENT Ohio and Kentucky; Ocean transportation Permanent program and comments due by 2-23- Nuclear waste repositories: intermediaries; individual abandoned mine land 00; published 1-24-00 Yucca Mountain Site, NV; contemporaneously acting reclamation plan suitability guidelines; Pesticides; tolerances in food, as qualifying individual for submissions: animal feeds, and raw hearings; comments due ocean freight forwarder and Illinois; comments due by 2- agricultural commodities: by 2-29-00; published 1- non-vessel common carrier; 29-00; published 2-14-00 14-00 Azinphos-methyl; comments comments due by 2-28-00; due by 2-22-00; published published 2-14-00 JUSTICE DEPARTMENT ENERGY DEPARTMENT 12-22-99 FEDERAL RESERVE Immigration and Energy Efficiency and Sewage sludge; use or SYSTEM Naturalization Service Renewable Energy Office disposal standards: Equal credit opportunity, Immigration: Consumer products; energy Dioxin and dioxin-like electronic fund transfers, Illegal Immigration Reform conservation program: compounds; numeric consumer leasing, truth in and Immigrant Central air conditioners and concentration limits; lending, and truth in savings Responsibility Act of central airconditioning comments due by 2-22- (Regulations, B, E, M, Z, 1996; nonimmigrant heat pumpsÐ 00; published 12-23-99 and DD) foreign students and other Energy conservation Dioxin and dioxin-like Disclosure requirements; exchange program standards; comments compounds; numeric delivery by electronic participantsÐ due by 2-28-00; concentration limits; communication; comments F, J, and M published 2-17-00 correction; comments due due by 3-3-00; published classifications; fee Energy conservation: by 2-22-00; published 1- 12-15-99 collection authorization; Commercial and industrial 11-00 HEALTH AND HUMAN comments due by 2-22- equipment, energy Water programs: SERVICES DEPARTMENT 00; published 12-21-99 efficiency programÐ Water quality planningÐ Food and Drug LABOR DEPARTMENT Warm air furnaces and Management regulation Administration Mine Safety and Health heating, air conditioning, listing requirements; Administrative practice and Administration and water heating comments due by 3-3- procedure: Coal mine safety and health: equipment; test 00; published 2-2-00 Citizen petitions; procedures and Flame-resistant conveyor miscellaneous efficiency standards, FEDERAL belts; comments due by amendments; comments etc.; comments due by COMMUNICATIONS 2-28-00; published 12-28- due by 2-28-00; published 2-28-00; published 12- COMMISSION 99 11-30-99 13-99 Common carrier services: Underground coal minesÐ New animal drug Commercial mobile radio Electric motor-driven mine ENVIRONMENTAL applications; designated servicesÐ equipment and PROTECTION AGENCY journals list; removals; accessories and high- Air pollutants, hazardous; Wireless services comments due by 2-23- voltage longwall national emission standards: campatibility with 00; published 12-10-99 equipment; comments Aerospace manufacturing enhanced 911 services; HEALTH AND HUMAN due by 2-28-00; and rework facilities; reconsideration SERVICES DEPARTMENT published 12-28-99 comments due by 2-23- petitions; comments due Health resources development: 00; published 1-24-00 by 2-28-00; published LABOR DEPARTMENT Organ procurement and Synthetic organic chemical 12-29-99 Occupational Safety and transplantation network; manufacturing industry Radio services, special: Health Administration operation and and other processes Personal locator beaconsÐ performance goals Occupational safety and health subject to equipment 406.025 MHz authorizing standards: Effective date stay; leaks negotiated use; comments due by comments due by 2-22- Ergonomics program; regulation; comments due 2-24-00; published 2-2- 00; published 12-21-99 comments due by 3-2-00; by 2-22-00; published 1- 00 Effective date stay; published 2-1-00 20-00 Rulemaking proceedings; correction; comments NATIONAL AERONAUTICS Air quality implementation petitions filed, granted, due by 2-22-00; AND SPACE plans; approval and denied, etc.; correction; published 1-10-00 ADMINISTRATION promulgation; various comments due by 2-29-00; States: published 2-14-00 INTERIOR DEPARTMENT Meritorious claims resulting from conduct of NASA California; comments due by Television broadcasting: Fish and Wildlife Service 2-25-00; published 1-26- Endangered and threatened functions; comments due by Improved model for 2-22-00; published 12-21-99 00 predicting broadcast species: Georgia; comments due by television field strength Findings on petitions, etc.Ð NATIONAL CREDIT UNION 2-25-00; published 1-26- received at individual Sacramento Mountains ADMINISTRATION 00 locations; comments due checkerspot butterfly; Credit unions: Idaho; comments due by 2- by 2-22-00; published 2-2- comments due by 2-25- Insurance and group 28-00; published 1-27-00 00 00; published 12-27-99 purchasing activities;
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incidental authorities; Cessna; comments due by Hydraulic and electric brake conjunction with ``PLUS'' comments due by 2-24- 2-22-00; published 1-7-00 systemsÐ (Public Laws Update Service) 00; published 11-26-99 CFM International; Heavy vehicle antilock on 202±523±6641. This list is INTERIOR DEPARTMENT comments due by 2-23- brake system (ABS); also available online at http:// 00; published 1-24-00 www.nara.gov/fedreg. National Indian Gaming performance Commission EMBRAER; comments due requirement; comments by 3-3-00; published 2-2- Indian Gaming Regulatory Act: due by 2-22-00; The text of laws is not 00 published 12-21-99 published in the Federal Classification of games; Empresa Brasilera de Register but may be ordered comments due by 2-24- TREASURY DEPARTMENT Aeronautica S.A.; in ``slip law'' (individual 00; published 12-27-99 Alcohol, Tobacco and comments due by 3-3-00; pamphlet) form from the Firearms Bureau PERSONNEL MANAGEMENT published 2-2-00 Superintendent of Documents, OFFICE Israel Aircraft Industries, Alcohol, tobacco, and other U.S. Government Printing Group life insurance; Federal Ltd.; comments due by 2- excise taxes: Office, Washington, DC 20402 employees: 23-00; published 1-24-00 Tobacco productsÐ (phone, 202±512±1808). The Life insurance McDonnell Douglas; Roll-your-own tobacco; text will also be made improvements; comments comments due by 3-3-00; manufacture permit available on the Internet from published 1-18-00 due by 2-28-00; published requirements; comments GPO Access at http:// 12-28-99 Raytheon; comments due by due by 2-22-00; www.access.gpo.gov/nara/ 2-23-00; published 1-24- Pay administration: published 12-22-99 index.html. Some laws may 00 not yet be available. Back pay, holidays, and Class D airspace; comments Tobacco product importers physicians' comparability due by 3-3-00; published 1- qualification and allowances; comments 18-00 technical miscellaneous S. 1733/P.L. 106±171 due by 2-28-00; published amendments; comments Class E airspace; comments Electronic Benefit Transfer 12-28-99 due by 2-22-00; published due by 2-22-00; Interoperability and Portability 1-6-00 published 12-22-99 POSTAL SERVICE Act of 2000 (Feb. 11, 2000) Domestic Mail Manual: TRANSPORTATION Alcoholic beverages: Commercial mail receiving DEPARTMENT Labeling and advertising; agency; mail delivery; Federal Highway health claims and other comments due by 3-3-00; Administration health-related statements; published 2-2-00 Transportation operations and comments due by 2-22- Public Laws Electronic management: 00; published 10-25-99 Notification Service TRANSPORTATION Dedicated short range (PENS) DEPARTMENT TREASURY DEPARTMENT communications in Internal Revenue Service Coast Guard intelligent transportation Regattas and marine parades, systems commercial Income taxes: anchorage regulations, and vehicle operations; Last known address; PENS is a free electronic mail ports and waterways safety: comments due by 2-28- definition; comments due notification service of newly OPSAIL 2000, San Juan, 00; published 12-30-99 by 2-22-00; published 11- enacted public laws. To PR; exclusion areas; TRANSPORTATION 22-99 subscribe, go to www.gsa.gov/ comments due by 2-28- DEPARTMENT Procedure and administration: archives/publaws-l.html or 00; published 1-13-00 Maritime Administration Entity classification changes; send E-mail to TRANSPORTATION U.S.-flag commercial vessels: special rule for foreign listservwww.gsa.gov with the DEPARTMENT U.S. flag vessels of 100 eligible entities; comments following text message: Federal Aviation feet or greater; eligibility due by 2-28-00; published SUBSCRIBE PUBLAWS-L Administration to obtain commercial 11-29-99 fisheries documents; Your Name. Airworthiness directives: comments due by 2-22- Airbus; comments due by 2- 00; published 1-5-00 LIST OF PUBLIC LAWS Note: This service is strictly 24-00; published 1-25-00 TRANSPORTATION for E-mail notification of new Boeing; comments due by DEPARTMENT This is the first in a continuing laws. The text of laws is not 2-22-00; published 1-5-00 National Highway Traffic list of public bills from the available through this service. Bombardier; comments due Safety Administration current session of Congress PENS cannot respond to by 3-2-00; published 2-1- Motor vehicle safety which have become Federal specific inquiries sent to this 00 standards: laws. It may be used in address.
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CFR CHECKLIST Title Stock Number Price Revision Date 14 Parts: 1–59 ...... (869–038–00037–7) ...... 50.00 Jan. 1, 1999 This checklist, prepared by the Office of the Federal Register, is 60–139 ...... (869–038–00038–5) ...... 42.00 Jan. 1, 1999 published weekly. It is arranged in the order of CFR titles, stock 140–199 ...... (869–038–00039–3) ...... 17.00 Jan. 1, 1999 numbers, prices, and revision dates. 200–1199 ...... (869–038–00040–7) ...... 28.00 Jan. 1, 1999 An asterisk (*) precedes each entry that has been issued since last 1200–End ...... (869–038–00041–5) ...... 24.00 Jan. 1, 1999 week and which is now available for sale at the Government Printing 15 Parts: Office. 0–299 ...... (869–038–00042–3) ...... 25.00 Jan. 1, 1999 A checklist of current CFR volumes comprising a complete CFR set, 300–799 ...... (869–038–00043–1) ...... 36.00 Jan. 1, 1999 also appears in the latest issue of the LSA (List of CFR Sections 800–End ...... (869–038–00044–0) ...... 24.00 Jan. 1, 1999 Affected), which is revised monthly. 16 Parts: The CFR is available free on-line through the Government Printing 0–999 ...... (869–038–00045–8) ...... 32.00 Jan. 1, 1999 Office's GPO Access Service at http://www.access.gpo.gov/nara/cfr/ 1000–End ...... (869–038–00046–6) ...... 37.00 Jan. 1, 1999 index.html. For information about GPO Access call the GPO User Support Team at 1-888-293-6498 (toll free) or 202-512-1530. 17 Parts: 1–199 ...... (869–038–00048–2) ...... 29.00 Apr. 1, 1999 The annual rate for subscription to all revised paper volumes is 200–239 ...... (869–038–00049–1) ...... 34.00 Apr. 1, 1999 $951.00 domestic, $237.75 additional for foreign mailing. 240–End ...... (869–038–00050–4) ...... 44.00 Apr. 1, 1999 Mail orders to the Superintendent of Documents, Attn: New Orders, 18 Parts: P.O. Box 371954, Pittsburgh, PA 15250±7954. All orders must be 1–399 ...... (869–038–00051–2) ...... 48.00 Apr. 1, 1999 accompanied by remittance (check, money order, GPO Deposit 400–End ...... (869–038–00052–1) ...... 14.00 Apr. 1, 1999 Account, VISA, Master Card, or Discover). Charge orders may be telephoned to the GPO Order Desk, Monday through Friday, at (202) 19 Parts: 512±1800 from 8:00 a.m. to 4:00 p.m. eastern time, or FAX your 1–140 ...... (869–038–00053–9) ...... 37.00 Apr. 1, 1999 charge orders to (202) 512-2250. 141–199 ...... (869–038–00054–7) ...... 36.00 Apr. 1, 1999 200–End ...... (869–038–00055–5) ...... 18.00 Apr. 1, 1999 Title Stock Number Price Revision Date 20 Parts: 1, 2 (2 Reserved) ...... (869–038–00001–6) ...... 5.00 5 Jan. 1, 1999 1–399 ...... (869–038–00056–3) ...... 30.00 Apr. 1, 1999 3 (1997 Compilation 400–499 ...... (869–038–00057–1) ...... 51.00 Apr. 1, 1999 and Parts 100 and 500–End ...... (869–038–00058–0) ...... 44.00 7 Apr. 1, 1999 1 101) ...... (869–038–00002–4) ...... 20.00 Jan. 1, 1999 21 Parts: 4 ...... (869–038–00003–2) ...... 7.00 5 Jan. 1, 1999 1–99 ...... (869–038–00059–8) ...... 24.00 Apr. 1, 1999 100–169 ...... (869–038–00060–1) ...... 28.00 Apr. 1, 1999 5 Parts: 170–199 ...... (869–038–00061–0) ...... 29.00 Apr. 1, 1999 1–699 ...... (869–038–00004–1) ...... 37.00 Jan. 1, 1999 200–299 ...... (869–038–00062–8) ...... 11.00 Apr. 1, 1999 700–1199 ...... (869–038–00005–9) ...... 27.00 Jan. 1, 1999 300–499 ...... (869–038–00063–6) ...... 50.00 Apr. 1, 1999 1200–End, 6 (6 500–599 ...... (869–038–00064–4) ...... 28.00 Apr. 1, 1999 Reserved) ...... (869–038–00006–7) ...... 44.00 Jan. 1, 1999 600–799 ...... (869–038–00065–2) ...... 9.00 Apr. 1, 1999 7 Parts: 800–1299 ...... (869–038–00066–1) ...... 35.00 Apr. 1, 1999 1–26 ...... (869–038–00007–5) ...... 25.00 Jan. 1, 1999 1300–End ...... (869–038–00067–9) ...... 14.00 Apr. 1, 1999 27–52 ...... (869–038–00008–3) ...... 32.00 Jan. 1, 1999 22 Parts: 53–209 ...... (869–038–00009–1) ...... 20.00 Jan. 1, 1999 1–299 ...... (869–038–00068–7) ...... 44.00 Apr. 1, 1999 210–299 ...... (869–038–00010–5) ...... 47.00 Jan. 1, 1999 300–End ...... (869–038–00069–5) ...... 32.00 Apr. 1, 1999 300–399 ...... (869–038–00011–3) ...... 25.00 Jan. 1, 1999 400–699 ...... (869–038–00012–1) ...... 37.00 Jan. 1, 1999 23 ...... (869–038–00070–9) ...... 27.00 Apr. 1, 1999 700–899 ...... (869–038–00013–0) ...... 32.00 Jan. 1, 1999 24 Parts: 900–999 ...... (869–038–00014–8) ...... 41.00 Jan. 1, 1999 0–199 ...... (869–038–00071–7) ...... 34.00 Apr. 1, 1999 1000–1199 ...... (869–038–00015–6) ...... 46.00 Jan. 1, 1999 200–499 ...... (869–038–00072–5) ...... 32.00 Apr. 1, 1999 1200–1599 ...... (869–038–00016–4) ...... 34.00 Jan. 1, 1999 500–699 ...... (869–038–00073–3) ...... 18.00 Apr. 1, 1999 1600–1899 ...... (869–038–00017–2) ...... 55.00 Jan. 1, 1999 700–1699 ...... (869–038–00074–1) ...... 40.00 Apr. 1, 1999 1900–1939 ...... (869–038–00018–1) ...... 19.00 Jan. 1, 1999 1700–End ...... (869–038–00075–0) ...... 18.00 Apr. 1, 1999 1940–1949 ...... (869–038–00019–9) ...... 34.00 Jan. 1, 1999 25 ...... (869–038–00076–8) ...... 47.00 Apr. 1, 1999 1950–1999 ...... (869–038–00020–2) ...... 41.00 Jan. 1, 1999 2000–End ...... (869–038–00021–1) ...... 27.00 Jan. 1, 1999 26 Parts: §§ 1.0-1–1.60 ...... (869–038–00077–6) ...... 27.00 Apr. 1, 1999 8 ...... (869–038–00022–9) ...... 36.00 Jan. 1, 1999 §§ 1.61–1.169 ...... (869–038–00078–4) ...... 50.00 Apr. 1, 1999 9 Parts: §§ 1.170–1.300 ...... (869–038–00079–2) ...... 34.00 Apr. 1, 1999 1–199 ...... (869–038–00023–7) ...... 42.00 Jan. 1, 1999 §§ 1.301–1.400 ...... (869–038–00080–6) ...... 25.00 Apr. 1, 1999 200–End ...... (869–038–00024–5) ...... 37.00 Jan. 1, 1999 §§ 1.401–1.440 ...... (869–038–00081–4) ...... 43.00 Apr. 1, 1999 §§ 1.441-1.500 ...... (869-038-00082-2) ...... 30.00 Apr. 1, 1999 10 Parts: §§ 1.501–1.640 ...... (869–038–00083–1) ...... 27.00 7 Apr. 1, 1999 1–50 ...... (869–038–00025–3) ...... 42.00 Jan. 1, 1999 §§ 1.641–1.850 ...... (869–038–00084–9) ...... 35.00 Apr. 1, 1999 51–199 ...... (869–038–00026–1) ...... 34.00 Jan. 1, 1999 §§ 1.851–1.907 ...... (869–038–00085–7) ...... 40.00 Apr. 1, 1999 200–499 ...... (869–038–00027–0) ...... 33.00 Jan. 1, 1999 §§ 1.908–1.1000 ...... (869–038–00086–5) ...... 38.00 Apr. 1, 1999 500–End ...... (869–038–00028–8) ...... 43.00 Jan. 1, 1999 §§ 1.1001–1.1400 ...... (869–038–00087–3) ...... 40.00 Apr. 1, 1999 11 ...... (869–038–00029–6) ...... 20.00 Jan. 1, 1999 §§ 1.1401–End ...... (869–038–00088–1) ...... 55.00 Apr. 1, 1999 2–29 ...... (869–038–00089–0) ...... 39.00 Apr. 1, 1999 12 Parts: 30–39 ...... (869–038–00090–3) ...... 28.00 Apr. 1, 1999 1–199 ...... (869–038–00030–0) ...... 17.00 Jan. 1, 1999 40–49 ...... (869–038–00091–1) ...... 17.00 Apr. 1, 1999 200–219 ...... (869–038–00031–8) ...... 20.00 Jan. 1, 1999 50–299 ...... (869–038–00092–0) ...... 21.00 Apr. 1, 1999 220–299 ...... (869–038–00032–6) ...... 40.00 Jan. 1, 1999 300–499 ...... (869–038–00093–8) ...... 37.00 Apr. 1, 1999 300–499 ...... (869–038–00033–4) ...... 25.00 Jan. 1, 1999 500–599 ...... (869–038–00094–6) ...... 11.00 Apr. 1, 1999 500–599 ...... (869–038–00034–2) ...... 24.00 Jan. 1, 1999 600–End ...... (869–038–00095–4) ...... 11.00 Apr. 1, 1999 600–End ...... (869–038–00035–1) ...... 45.00 Jan. 1, 1999 27 Parts: 13 ...... (869–038–00036–9) ...... 25.00 Jan. 1, 1999 1–199 ...... (869–038–00096–2) ...... 53.00 Apr. 1, 1999
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Title Stock Number Price Revision Date Title Stock Number Price Revision Date 200–End ...... (869–038–00097–1) ...... 17.00 Apr. 1, 1999 260–265 ...... (869–038–00151–9) ...... 32.00 July 1, 1999 ...... 28 Parts: ...... 266–299 (869–038–00152–7) 33.00 July 1, 1999 300–399 ...... (869–038–00153–5) ...... 26.00 July 1, 1999 0-42 ...... (869–038–00098–9) ...... 39.00 July 1, 1999 400–424 ...... (869–038–00154–3) ...... 34.00 July 1, 1999 43-end ...... (869-038-00099-7) ...... 32.00 July 1, 1999 425–699 ...... (869–038–00155–1) ...... 44.00 July 1, 1999 29 Parts: 700–789 ...... (869–038–00156–0) ...... 42.00 July 1, 1999 0–99 ...... (869–038–00100–4) ...... 28.00 July 1, 1999 790–End ...... (869–038–00157–8) ...... 23.00 July 1, 1999 100–499 ...... (869–038–00101–2) ...... 13.00 July 1, 1999 41 Chapters: 8 500–899 ...... (869–038–00102–1) ...... 40.00 July 1, 1999 1, 1–1 to 1–10 ...... 13.00 3 July 1, 1984 900–1899 ...... (869–038–00103–9) ...... 21.00 July 1, 1999 1, 1–11 to Appendix, 2 (2 Reserved) ...... 13.00 3 July 1, 1984 1900–1910 (§§ 1900 to 3–6 ...... 14.00 3 July 1, 1984 1910.999) ...... (869–038–00104–7) ...... 46.00 July 1, 1999 7 ...... 6.00 3 July 1, 1984 1910 (§§ 1910.1000 to 8 ...... 4.50 3 July 1, 1984 end) ...... (869–038–00105–5) ...... 28.00 July 1, 1999 9 ...... 13.00 3 July 1, 1984 1911–1925 ...... (869–038–00106–3) ...... 18.00 July 1, 1999 10–17 ...... 9.50 3 July 1, 1984 1926 ...... (869–038–00107–1) ...... 30.00 July 1, 1999 18, Vol. I, Parts 1–5 ...... 13.00 3 July 1, 1984 1927–End ...... (869–038–00108–0) ...... 43.00 July 1, 1999 18, Vol. II, Parts 6–19 ...... 13.00 3 July 1, 1984 30 Parts: 18, Vol. III, Parts 20–52 ...... 13.00 3 July 1, 1984 1–199 ...... (869–038–00109–8) ...... 35.00 July 1, 1999 19–100 ...... 13.00 3 July 1, 1984 200–699 ...... (869–038–00110–1) ...... 30.00 July 1, 1999 1–100 ...... (869–038–00158–6) ...... 14.00 July 1, 1999 700–End ...... (869–038–00111–0) ...... 35.00 July 1, 1999 101 ...... (869–038–00159–4) ...... 39.00 July 1, 1999 102–200 ...... (869–038–00160–8) ...... 16.00 July 1, 1999 31 Parts: 201–End ...... (869–038–00161–6) ...... 15.00 July 1, 1999 0–199 ...... (869–038–00112–8) ...... 21.00 July 1, 1999 200–End ...... (869–038–00113–6) ...... 48.00 July 1, 1999 42 Parts: 1–399 ...... (869–038–00162–4) ...... 36.00 Oct. 1, 1999 32 Parts: 400–429 ...... (869–034–00163–2) ...... 44.00 Oct. 1, 1999 1–39, Vol. I ...... 15.00 2 July 1, 1984 430–End ...... (869–038–00164–1) ...... 54.00 Oct. 1, 1999 1–39, Vol. II ...... 19.00 2 July 1, 1984 1–39, Vol. III ...... 18.00 2 July 1, 1984 43 Parts: 1–190 ...... (869–038–00114–4) ...... 46.00 July 1, 1999 1–999 ...... (869–038–00165–9) ...... 32.00 Oct. 1, 1999 191–399 ...... (869–038–00115–2) ...... 55.00 July 1, 1999 1000–end ...... (869–034–00165–3) ...... 48.00 Oct. 1, 1998 400–629 ...... (869–038–00116–1) ...... 32.00 July 1, 1999 44 ...... (869–038–00167–5) ...... 28.00 Oct. 1, 1999 630–699 ...... (869–038–00117–9) ...... 23.00 July 1, 1999 700–799 ...... (869–038–00118–7) ...... 27.00 July 1, 1999 45 Parts: 800–End ...... (869–038–00119–5) ...... 27.00 July 1, 1999 1–199 ...... (869–038–00168–3) ...... 33.00 Oct. 1, 1999 200–499 ...... (869–038–00169–1) ...... 16.00 Oct. 1, 1999 33 Parts: 500–1199 ...... (869–034–00170–5) ...... 30.00 Oct. 1, 1999 1–124 ...... (869–038–00120–9) ...... 32.00 July 1, 1999 1200–End ...... (869–038–00171–3) ...... 40.00 Oct. 1, 1999 125–199 ...... (869–038–00121–7) ...... 41.00 July 1, 1999 200–End ...... (869–038–00122–5) ...... 33.00 July 1, 1999 46 Parts: 1–40 ...... (869–038–00172–1) ...... 27.00 Oct. 1, 1999 34 Parts: 41–69 ...... (869–038–00173–0) ...... 23.00 Oct. 1, 1999 1–299 ...... (869–038–00123–3) ...... 28.00 July 1, 1999 70–89 ...... (869–034–00173–4) ...... 8.00 Oct. 1, 1998 300–399 ...... (869–038–00124–1) ...... 25.00 July 1, 1999 90–139 ...... (869–038–00175–6) ...... 26.00 Oct. 1, 1999 400–End ...... (869–038–00125–0) ...... 46.00 July 1, 1999 140–155 ...... (869–038–00176–4) ...... 15.00 Oct. 1, 1999 35 ...... (869–038–00126–8) ...... 14.00 8 July 1, 1998 156–165 ...... (869–038–00177–2) ...... 21.00 Oct. 1, 1999 166–199 ...... (869–038–00178–1) ...... 27.00 Oct. 1, 1999 36 Parts 200–499 ...... (869–038–00179–9) ...... 23.00 Oct. 1, 1999 1–199 ...... (869–038–00127–6) ...... 21.00 July 1, 1999 500–End ...... (869–038–00180–2) ...... 15.00 Oct. 1, 1999 200–299 ...... (869–038–00128–4) ...... 23.00 July 1, 1999 300–End ...... (869–038–00129–2) ...... 38.00 July 1, 1999 47 Parts: 0–19 ...... (869–038–00181–1) ...... 39.00 Oct. 1, 1999 37 (869–038–00130–6) ...... 29.00 July 1, 1999 20–39 ...... (869–038–00182–9) ...... 26.00 Oct. 1, 1999 38 Parts: 40–69 ...... (869–038–00183–7) ...... 26.00 Oct. 1, 1999 0–17 ...... (869–038–00131–4) ...... 37.00 July 1, 1999 70–79 ...... (869–038–00184–5) ...... 39.00 Oct. 1, 1999 18–End ...... (869–038–00132–2) ...... 41.00 July 1, 1999 80–End ...... (869–038–00185–3) ...... 40.00 Oct. 1, 1999 39 ...... (869–038–00133–1) ...... 24.00 July 1, 1999 48 Chapters: 1 (Parts 1–51) ...... (869–038–00186–1) ...... 55.00 Oct. 1, 1999 40 Parts: 1 (Parts 52–99) ...... (869–038–00187–0) ...... 30.00 Oct. 1, 1999 1–49 ...... (869–038–00134–9) ...... 33.00 July 1, 1999 2 (Parts 201–299) ...... (869–038–00188–8) ...... 36.00 Oct. 1, 1999 50–51 ...... (869–038–00135–7) ...... 25.00 July 1, 1999 3–6 ...... (869–034–00189–6) ...... 27.00 Oct. 1, 1999 52 (52.01–52.1018) ...... (869–038–00136–5) ...... 33.00 July 1, 1999 7–14 ...... (869–038–00190–0) ...... 35.00 Oct. 1, 1999 52 (52.1019–End) ...... (869–038–00137–3) ...... 37.00 July 1, 1999 15–28 ...... (869–038–00191–8) ...... 36.00 Oct. 1, 1999 53–59 ...... (869–038–00138–1) ...... 19.00 July 1, 1999 29–End ...... (869–038–00192–6) ...... 25.00 Oct. 1, 1999 60 ...... (869–038–00139–0) ...... 59.00 July 1, 1999 61–62 ...... (869–038–00140–3) ...... 19.00 July 1, 1999 49 Parts: 63 (63.1–63.1119) ...... (869–038–00141–1) ...... 58.00 July 1, 1999 1–99 ...... (869–038–00193–4) ...... 34.00 Oct. 1, 1999 63 (63.1200–End) ...... (869–038–00142–0) ...... 36.00 July 1, 1999 100–185 ...... (869–034–00193–9) ...... 50.00 Oct. 1, 1998 64–71 ...... (869–038–00143–8) ...... 11.00 July 1, 1999 186–199 ...... (869–038–00195–1) ...... 13.00 Oct. 1, 1999 72–80 ...... (869–038–00144–6) ...... 41.00 July 1, 1999 200–399 ...... (869–034–00195–5) ...... 46.00 Oct. 1, 1998 81–85 ...... (869–038–00145–4) ...... 33.00 July 1, 1999 400–999 ...... (869–038–00197–7) ...... 57.00 Oct. 1, 1999 86 ...... (869–038–00146–2) ...... 59.00 July 1, 1999 1000–1199 ...... (869–038–00198–5) ...... 17.00 Oct. 1, 1999 87-135 ...... (869–038–00146–1) ...... 53.00 July 1, 1999 1200–End ...... (869–038–00199–3) ...... 14.00 Oct. 1, 1999 136–149 ...... (869–038–00148–9) ...... 40.00 July 1, 1999 50 Parts: 150–189 ...... (869–038–00149–7) ...... 35.00 July 1, 1999 1–199 ...... (869–038–00200–1) ...... 43.00 Oct. 1, 1999 190–259 ...... (869–038–00150–1) ...... 23.00 July 1, 1999 200–599 ...... (869–038–00201–9) ...... 22.00 Oct. 1, 1999
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Title Stock Number Price Revision Date 600–End ...... (869–038–00202–7) ...... 37.00 Oct. 1, 1999 CFR Index and Findings Aids ...... (869–038–00047–4) ...... 48.00 Jan. 1, 1999 Complete 1998 CFR set ...... 951.00 1998 Microfiche CFR Edition: Subscription (mailed as issued) ...... 247.00 1998 Individual copies ...... 1.00 1998 Complete set (one-time mailing) ...... 247.00 1997 Complete set (one-time mailing) ...... 264.00 1996 1 Because Title 3 is an annual compilation, this volume and all previous volumes should be retained as a permanent reference source. 2 The July 1, 1985 edition of 32 CFR Parts 1–189 contains a note only for Parts 1–39 inclusive. For the full text of the Defense Acquisition Regulations in Parts 1–39, consult the three CFR volumes issued as of July 1, 1984, containing those parts. 3 The July 1, 1985 edition of 41 CFR Chapters 1–100 contains a note only for Chapters 1 to 49 inclusive. For the full text of procurement regulations in Chapters 1 to 49, consult the eleven CFR volumes issued as of July 1, 1984 containing those chapters. 5 No amendments to this volume were promulgated during the period January 1, 1998 through December 31, 1998. The CFR volume issued as of January 1, 1997 should be retained. 7 No amendments to this volume were promulgated during the period April 1, 1998, through April 1, 1999. The CFR volume issued as of April 1, 1998, should be retained. 8 No amendments to this volume were promulgated during the period July 1, 1998, through July 1, 1999. The CFR volume issued as of July 1, 1998, should be retained.
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