Pages 43897±44100 Vol. 64 8±12±99 eDt 8JN9 81 u 1 99Jt134 O000Fm001Ft41 ft41 :F\M1AW.X fm1PsN:12AUWS pfrm11 E:\FR\FM\12AUWS.XXX Sfmt4710 Fmt4710 Frm00001 PO00000 Jkt183247 18:16Aug11, 1999 VerDate 18-JUN-99 No. 155 federal register August 12,1999 Thursday 1 II Federal Register / Vol. 64, No. 155 / Thursday, August 12, 1999

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

.

2

VerDate 18-JUN-99 18:16 Aug 11, 1999 Jkt 183247 PO 00000 Frm 00002 Fmt 4710 Sfmt 4710 E:\FR\FM\12AUWS.XXX pfrm11 PsN: 12AUWS III

Contents Federal Register Vol. 64, No. 155

Thursday, August 12, 1999

Agricultural Marketing Service NOTICES RULES Arms sales notification; transmittal letter, etc., 43993–44001 Raisins produced from grapes grown in— Meetings: California, 43897–43902 President’s Information Technology Advisory Committee, NOTICES 44002 Agency information collection activities: Proposed collection; comment request, 43975–43976 Education Department NOTICES Agriculture Department Agency information collection activities: See Agricultural Marketing Service Proposed collection; comment request, 44002 See Animal and Plant Health Inspection Service Submission for OMB review; comment request, 44002– See Food Safety and Inspection Service 44003 See Forest Service Animal and Plant Health Inspection Service Energy Department NOTICES See Federal Energy Regulatory Commission Environmental statements; availability, etc.: Florida Fruit Fly Cooperative Control Program, 43976– Environmental Protection Agency 43977 RULES Air pollution control; motor vehicles and engines: Antitrust Division Federal test procedure for emissions from motor vehicles; NOTICES reporting and recordkeeping requirements, 43936– Competitive impact statements and proposed consent 43937 judgments: PROPOSED RULES Cargill Inc. and Continental Grain Co., 44046–44057 Superfund program: National oil and hazardous substances contingency Architectural and Transportation Barriers Compliance plan— Board National priorities list update, 43970–43972 NOTICES NOTICES Committees; establishment, renewal, termination, etc.: Agency information collection activities: Public Rights-of-Way Access Advisory Committee, Submission for OMB review; comment request, 44005– 43980–43981 44008 Air pollution control; motor vehicles and engines: Civil Rights Commission State implementation plans; adequacy status for NOTICES transportation conformity purposes, 44008–44009 Meetings; State advisory committees: Clean Air Act: Tennessee, 43981 State operating permits programs— Louisiana, 44009 Commerce Department Committees; establishment, renewal, termination, etc.: See Export Administration Bureau National Environmental Education Advisory Council, See International Trade Administration 44009–44010 See National Oceanic and Atmospheric Administration Toxic and hazardous substances control: New chemicals; receipt and status information, 44010– Commodity Futures Trading Commission 44015 NOTICES Water pollution control: Contract market proposals: Clean Water Act— Chicago Board of Trade— Class I administrative penalty assessments, 44015– Corn, 43987–43988 44016 New York Mercantile Exchange— California-Oregon-Border and Palo Verde electricity, Executive Office of the President 43989 See Management and Budget Office FTSE Eurotop 300 stock index, 43988–43989 Consumer Product Safety Commission Export Administration Bureau NOTICES NOTICES Settlement agreements: Export privileges, actions affecting: Consolidated Electrical Disributors, Inc., 43990–43992 Boutros, Fadi, 43981–43982 Defense Department Federal Aviation Administration PROPOSED RULES RULES Federal Acquisition Regulation (FAR): Airworthiness directives: Information technology; interagency acquisition by Bell, 43905–43907 executive agent, 44099–44100 Class D and Class E airspace, 43907–43908

VerDate 18-JUN-99 18:17 Aug 11, 1999 Jkt 183247 PO 00000 Frm 00001 Fmt 4748 Sfmt 4748 E:\FR\FM\12AUCN.XXX pfrm11 PsN: 12AUCN IV Federal Register / Vol. 64, No. 155 / Thursday, August 12, 1999 / Contents

PROPOSED RULES Submission for OMB review; comment request; Airworthiness directives: correction, 44019 Boeing, 43950–43953 Meetings: Bombardier, 43948–43950, 43957–43961 Oxygen therapeutics as red cell substitutes; criteria for British Aerospace, 43955–43957 safety and efficacy evaluation; public workshop, Construcciones Aeronauticas, S.A., 43953–43955 44023 Dassault, 43961–43963 Reports and guidance documents; availability, etc.: McDonnell Douglas, 43963–43969 Medical devices inspection; compliance program Airworthiness standards: guidance manual, 44024 Special conditions— Summary judgment and permanent injunction; final Bombardier Model DHC-8-400 airplane, 43943–43946 amended order, 44025–44030 Dassault Aviation Falcon Model 20-C5/-D5/-E5/-F5 airplanes, 43946–43948 Food Safety and Inspection Service RULES Federal Communications Commission Freedom of Information Act; implementation, 43902–43904 RULES Common carrier services: Foreign Assets Control Office Interlocking directorates; CFR part removed; biennial RULES regulatory review, 43937–43941 Angola (UNITA) sanctions, 43924–43936 Federal Election Commission Forest Service NOTICES NOTICES Meetings; Sunshine Act, 44016 Agency information collection activities: Proposed collection; comment request, 43977–43979 Federal Energy Regulatory Commission NOTICES General Services Administration Electric rate and corporate regulation filings: PROPOSED RULES Northern States Power Co. et al., 44003–44005 Federal Acquisition Regulation (FAR): Information technology; interagency acquisition by Federal Highway Administration executive agent, 44099–44100 NOTICES Environmental statements; notice of intent: Health and Human Services Department Lawrence County, OH, 44078–44079 See Food and Drug Administration See Health Care Financing Administration Federal Housing Finance Board See Health Resources and Services Administration NOTICES See National Institutes of Health Federal home loan bank system: Pilot mortgage purchase program— Health Care Financing Administration Cincinnati, Indianapolis, and Seattle, 44016 NOTICES Agency information collection activities: Federal Maritime Commission Proposed collection; comment request, 44030 NOTICES Submission for OMB review; comment request, 44030– Complaints filed: 44032 Global Transporte Oceanico S.A., 44016–44017 Health Resources and Services Administration Federal Reserve System NOTICES NOTICES Meetings: Banks and bank holding companies: Childhood Vaccines Advisory Commission, 44032 Formations, acquisitions, and mergers, 44017 Graduate Medical Education Council, 44032–44033 Nonbanking activities, 44017–44018 Permissible nonbanking activities, 44018 Housing and Urban Development Department RULES Fish and Wildlife Service Fair housing: NOTICES Affirmative fair housing marketing; compliance Endangered and threatened species permit applications, procedures; nomenclature changes, 44093–44097 44040–44041 NOTICES Agency information collection activities: Food and Drug Administration Proposed collection; comment request, 44038–44039 RULES Public and Indian housing: Animal drugs, feeds, and related products: Housing assistance payments (Section 8)— New drug applications— Contract administrators for project-based payments, Sulfadimethoxine/ormetoprim, 43909–43910 44039–44040 Food additives: Regulatory waiver requests; quarterly listing, 44081–44091 Sucralose, 43908–43909 NOTICES Interior Department Agency information collection activities: See Fish and Wildlife Service Proposed collection; comment request, 44018–44019 See Land Management Bureau Submission for OMB review; comment request, 44019– See Minerals Management Service 44023 See Surface Mining Reclamation and Enforcement Office

VerDate 18-JUN-99 18:17 Aug 11, 1999 Jkt 183247 PO 00000 Frm 00002 Fmt 4748 Sfmt 4748 E:\FR\FM\12AUCN.XXX pfrm11 PsN: 12AUCN Federal Register / Vol. 64, No. 155 / Thursday, August 12, 1999 / Contents V

Internal Revenue Service National Oceanic and Atmospheric Administration RULES RULES Income taxes: Fishery conservation and management: Income tax return preparer; identifying number, 43910– Alaska; fisheries of the Exclusive Economic Zone: 43911 Pacific ocean perch, 43942 PROPOSED RULES Rockfish, 43941–43942 Income taxes: Caribbean, Gulf and South Atlantic fisheries— Income tax return preparer; identifying number; cross Gulf of Mexico shrimp; correction, 43941 reference, 43969–43970 NOTICES Agency information collection activities: International Trade Administration Submission for OMB review; comment request, 43984 NOTICES Environmental statements; notice of intent: Antidumping: Pago Pago Harbor, American Samoa; vessels grounded on Circular welded non-alloy steel pipe from— reefs during Hurricane Val; emergency assessment Mexico, 43982–43983 and restoration planning, 43984–43985 Corrosion-resistant carbon steel flat products and cut-to- Meetings: length carbon steel plate from— Crab Interim Action Committee, 43985 Canada, 43984 Permits: Exempted fishing, 43986–43987 Justice Department See Antitrust Division NOTICES Nuclear Regulatory Commission Pollution control; consent judgments: NOTICES Muskegon County, MI, et al., 44045–44046 Environmental statements; availability, etc.: Strategic Materials, Inc., 44046 Kennecott Uranium Co., 44057–44059 Kerr-McGee Corp., 44059–44061 Land Management Bureau Meetings: NOTICES Nuclear Waste Advisory Committee, 44061 Closure of public lands: Strategic plan: Oregon, 44041–44042 Nuclear reactor safety chapter; workshop, 44061–44062 Environmental statements; availability, etc.: Applications, hearings, determinations, etc.: South Pipeline Project, NV, 44042 GPU Nuclear, Inc., 44057 Meetings: Resource Advisory Councils— Office of Management and Budget Sierra Front/Northwest Great Basin, 44042 See Management and Budget Office Withdrawal and reservation of lands: Colorado, 44043 Public Health Service See Food and Drug Administration Management and Budget Office See Health Resources and Services Administration NOTICES See National Institutes of Health Agency information collection activities: Proposed collection; comment request, 44062–44069 Railroad Retirement Board NOTICES Minerals Management Service Meetings; Sunshine Act, 44069 NOTICES Agency information collection activities: Research and Special Programs Administration Proposed collection; comment request, 44043–44045 PROPOSED RULES National Aeronautics and Space Administration Pipeline safety: PROPOSED RULES Enforcement procedures, 43972–43974 Federal Acquisition Regulation (FAR): Information technology; interagency acquisition by Securities and Exchange Commission executive agent, 44099–44100 NOTICES Self-regulatory organizations; proposed rule changes: National Institutes of Health New York Stock Exchange, Inc., 44069–44072 NOTICES Pacific Exchange, Inc., 44072–44073 Meetings: Philadelphia Stock Exchange, Inc., 44073–44074 National Cancer Institute, 44033 National Center for Research Resources, 44033–44034 Small Business Administration National Eye Institute, 44034 NOTICES National Institute of Diabetes and Digestive and Kidney Disaster loan areas: Diseases, 44035–44036 Minnesota, 44074 Strategic plan, 44034–44035 North Dakota, 44074 National Institute of General Medical Sciences, 44036– 44037 State Department National Institute of Mental Health, 44036 NOTICES National Institute of Nursing Research, 44037 Environmental statements; availability, etc.: National Institute on Aging, 44035, 44037 McAllen, Hidalgo, and Mission, TX; Anzalduas Scientific Review Center, 44038 International Crossing project, 44075–44078

VerDate 18-JUN-99 18:17 Aug 11, 1999 Jkt 183247 PO 00000 Frm 00003 Fmt 4748 Sfmt 4748 E:\FR\FM\12AUCN.XXX pfrm11 PsN: 12AUCN VI Federal Register / Vol. 64, No. 155 / Thursday, August 12, 1999 / Contents

Presidential permits: See Internal Revenue Service McAllen, Hidalgo, and Mission, TX; Anzalduas International Crossing project, 44078 Separate Parts In This Issue Surface Mining Reclamation and Enforcement Office RULES Part II Permanent program and abandoned mine land reclamation Department of Housing and Urban Development, 44081– plan submissions: 44091 Indiana, 43911–43913 Texas, 43913–43924 Part III Surface Transportation Board Department of Housing and Urban Development, 44093– 44097 NOTICES Railroad services abandonment: Union Pacific Railroad Co., 44079–44080 Part IV Department of Defense, General Services Administration, Transportation Department National Aeronautics and Space Administration, See Federal Aviation Administration 44099–44100 See Federal Highway Administration See Research and Special Programs Administration See Surface Transportation Board Reader Aids Consult the Reader Aids section at the end of this issue for Treasury Department phone numbers, online resources, finding aids, reminders, See Foreign Assets Control Office and notice of recently enacted public laws.

VerDate 18-JUN-99 18:17 Aug 11, 1999 Jkt 183247 PO 00000 Frm 00004 Fmt 4748 Sfmt 4748 E:\FR\FM\12AUCN.XXX pfrm11 PsN: 12AUCN Federal Register / Vol. 64, No. 155 / Thursday, August 12, 1999 / Contents VII

CFR PARTS AFFECTED IN THIS ISSUE

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

7 CFR 989...... 43897 9 CFR 390...... 43902 14 CFR 39...... 43905 71...... 43907 Proposed Rules: 25 (2 documents) ...... 43943, 43946 39 (9 documents) ...... 43948, 43950, 43953, 43955, 43957, 43959 43961, 43963, 43966 21 CFR 172...... 43908 558...... 43909 24 CFR 108...... 44094 26 CFR 1...... 43910 Proposed Rules: 1...... 43969 30 CFR 914...... 43911 943...... 43913 31 CFR 590...... 43924 40 CFR 9...... 43936 86...... 43936 Proposed Rules: 300...... 43970 47 CFR 62...... 43937 48 CFR Proposed Rules: 17...... 44100 49 CFR Proposed Rules: 190...... 43972 50 CFR 622...... 43941 679 (2 documents) ...... 43941, 43942

VerDate 18-JUN-99 18:17 Aug 11, 1999 Jkt 183247 PO 00000 Frm 00001 Fmt 4711 Sfmt 4711 E:\FR\FM\12AULS.XXX pfrm11 PsN: 12AULS 43897

Rules and Regulations Federal Register Vol. 64, No. 155

Thursday, August 12, 1999

This section of the FEDERAL REGISTER SUPPLEMENTARY INFORMATION: Small This rule authorizes using an contains regulatory documents having general businesses may request information on estimated trade demand figure to applicability and legal effect, most of which complying with this regulation, or compute volume regulation percentages are keyed to and codified in the Code of obtain a guide on complying with fruit, for 1999–2000 crop NS raisins covered Federal Regulations, which is published under vegetable, and specialty crop marketing under the order. This rule provides 50 titles pursuant to 44 U.S.C. 1510. agreements and orders by contacting Jay parameters for implementing volume The Code of Federal Regulations is sold by Guerber, Marketing Order regulation for 1999–2000 crop NS the Superintendent of Documents. Prices of Administration Branch, Fruit and raisins if supplies are short for the new books are listed in the first FEDERAL Vegetable Programs, AMS, USDA, P.O. purposes of maintaining a portion of the REGISTER issue of each week. Box 96456, room 2525–S, Washington, industry’s export markets and DC 20090–6456; telephone (202) 720– stabilizing the domestic market. This 2491, Fax: (202) 720–5698, or E-mail: action was recommended by the DEPARTMENT OF AGRICULTURE [email protected]. You may view Committee at a meeting on April 13, the marketing agreement and order 1999. Agricultural Marketing Service small business compliance guide at the Volume Regulation Authority 7 CFR Part 989 following web site: http:// www.ams.usda.gov/fv/moab.html. The order provides authority for [Docket No. FV99±989±4 FR] This rule is issued under Marketing volume regulation designed to promote Agreement and Order No. 989 (7 CFR orderly marketing conditions, stabilize Raisins Produced From Grapes Grown part 989), both as amended, regulating prices and supplies, and improve in California; Use of Estimated Trade the handling of raisins produced from producer returns. When volume Demand to Compute Volume grapes grown in California, hereinafter regulation is in effect, a certain Regulation Percentages referred to as the ‘‘order.’’ The order is percentage of the California raisin crop effective under the Agricultural may be sold by handlers to any market AGENCY: Agricultural Marketing Service, Marketing Agreement Act of 1937, as (free tonnage) while the remaining USDA. amended (7 U.S.C. 601–674), hereinafter percentage must be held by handlers in ACTION: Final rule. referred to as the ‘‘Act.’’ a reserve pool (reserve) for the account The Department of Agriculture of the Committee. Reserve raisins are SUMMARY: This rule authorizes using an (Department) is issuing this rule in disposed of through certain programs estimated trade demand figure to conformance with Executive Order authorized under the order. For compute volume regulation percentages 12866. instance, reserve raisins may be sold by for 1999–2000 crop Natural (sun-dried) This rule has been reviewed under the Committee to handlers for free use Seedless (NS) raisins covered under the Executive Order 12988, Civil Justice or to replace part of the free tonnage Federal marketing order for California Reform. This rule is not intended to raisins they exported; used in diversion raisins (order). The order regulates the have retroactive effect. This rule will programs; carried over as a hedge handling of raisins produced from not preempt any State or local laws, against a short crop the following year; grapes grown in California and is regulations, or policies, unless they or disposed of in other outlets not administered locally by the Raisin present an irreconcilable conflict with competitive with those for free tonnage Administrative Committee (Committee). this rule. raisins, such as government purchase, This rule provides parameters for The Act provides that administrative distilleries, or animal feed. Net proceeds implementing volume regulation for proceedings must be exhausted before from sales of reserve raisins are 1999–2000 crop NS raisins if supplies parties may file suit in court. Under distributed to the reserve pool’s equity are short for the purposes of section 608c(15)(A) of the Act, any holders, primarily producers. maintaining a portion of the industry’s handler subject to an order may file Section 989.54 of the order prescribes export markets and stabilizing the with the Secretary a petition stating that procedures and time frames to be domestic market. the order, any provision of the order, or followed in establishing volume EFFECTIVE DATE: This final rule becomes any obligation imposed in connection regulation for each crop year, which effective August 13, 1999. with the order is not in accordance with runs from August 1 through July 31. The FOR FURTHER INFORMATION CONTACT: law and request a modification of the Committee must meet by August 15 to Maureen T. Pello, Marketing Specialist, order or to be exempted therefrom. A review data regarding raisin supplies. At California Marketing Field Office, Fruit handler is afforded the opportunity for that time, the Committee computes a and Vegetable Programs, AMS, USDA, a hearing on the petition. After the trade demand for each varietal type for 2202 Monterey Street, suite 102B, hearing, the Secretary would rule on the which a free tonnage percentage might Fresno, California 93721; telephone: petition. The Act provides that the be recommended. Trade demand is (559) 487–5901, Fax: (559) 487–5906; or district court of the United States in any equal to 90 percent of the prior year’s George Kelhart, Technical Advisor, district in which the handler is an domestic and export shipments, Marketing Order Administration inhabitant, or has his or her principal adjusted by subtracting carryin Branch, Fruit and Vegetable Programs, place of business, has jurisdiction in inventory from the prior year, and AMS, USDA, room 2525–S, P.O. Box equity to review the Secretary’s ruling adding a desirable carryout inventory 96456, Washington, DC 20090–6456; on the petition, provided an action is for the end of the current year. telephone: (202) 720–2491, or Fax: (202) filed not later than 20 days after the date By October 5, the Committee must 720–5698. of the entry of the ruling. announce preliminary crop estimates

VerDate 18-JUN-99 15:56 Aug 11, 1999 Jkt 183247 PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 E:\FR\FM\12AUR1.XXX pfrm07 PsN: 12AUR1 43898 Federal Register / Vol. 64, No. 155 / Thursday, August 12, 1999 / Rules and Regulations and determine whether volume exported California raisins could Thus, the Committee formed a regulation is warranted for the varietal purchase, at a reduced price, reserve working group to review this issue and types for which it computed trade raisins for free use. This effectively consider options to continue to support demands. Preliminary volume blended down the cost of the raisins its export sales while maintaining regulation percentages are then which were exported. The NS raisin stability in the domestic market. After computed to release 85 percent of the ERO was changed to a ‘‘cash-back’’ several meetings, the working group computed trade demand if a field price program in 1996 whereby handlers presented its recommendation to a has been established, or 65 percent of could receive cash from the reserve pool subcommittee, and then in turn to the the trade demand if no field price has for export shipments. Committee. At a meeting on April 13, been established. Field price is the price Over the past 5 years, an average of 1999, the Committee recommended that handlers pay for raisins from 43,000 natural condition tons adding a new paragraph to § 989.154 of producers. By February 15, the (unprocessed raisins) of reserve raisins the order’s administrative rules and Committee must recommend final free have been utilized per year to fund the regulations that provides parameters for and reserve percentages which release ERO. Financing for the cash-back ERO implementing volume regulation for the full trade demand. program has been generated primarily 1999–2000 crop NS raisins if supplies The order also requires that, when from the Committee’s ‘‘10 plus 10’’ sales are short. Section 989.154 is divided volume regulation is in effect, two offers of reserve raisins to handlers for free into two paragraphs, (a) and (b). of reserve raisins must be made use. Under the 1996 and 1997 cash-back Paragraph (a) pertains to an existing available to handlers for free use. These ERO programs, an average of $57 regulation regarding desirable carryout offers are known as the ‘‘10 plus 10’’ million of reserve pool funds were levels, and paragraph (b) pertains to offers. Each offer consists of a quantity utilized to support the export of about estimated trade demand. of reserve raisins equal to 10 percent of 113,000 packed tons of NS raisins. the prior year’s shipments. The order Implementing Volume Regulation if also specifies that ‘‘10 plus 10’’ raisins Current Industry Situation—Potential Supplies are Short to Maintain the ERO must be sold to handlers at the current of Two, Consecutive Short Crops Section 989.54(e) contains a list of field price plus a 3 percent surcharge The Committee is concerned with factors that the Committee must and Committee costs. maintaining the ERO program through consider when computing volume Development of Export Markets potentially two, consecutive short crop regulation percentages. Factor (4) states that the Committee must consider, if With the exception of 10 crop years, years. The 1998–99 California raisin different than the computed trade volume regulation has been utilized for crop was much smaller than average demand, the estimated trade demand for NS raisins since the order’s inception in due to the combined effect of adverse raisins in free tonnage outlets. The 1949. The procedures for determining crop conditions created by the weather Committee recommended using an volume regulation percentages have phenomenon known as El Nino, estimated trade demand figure for 1999– been modified over the years to address scattered rain during the fall harvest, 2000 crop NS raisins, or a figure the industry’s needs. In the past, volume and a shortage of labor once the grapes different than the computed trade regulation has been utilized primarily to were ready for harvest. The 1998–99 NS demand, to compute volume regulation help the industry manage an oversupply raisin crop totaled about 235,000 natural percentages to create a reserve if of raisins. Through the use of various condition tons, about 35 percent lower supplies are short. This will allow the marketing programs operated through than the 10-year average of 360,183 Committee to continue its ERO program reserve pools and other industry natural condition tons. Volume thereby maintaining a portion of its promotional activities, the industry has regulation was not implemented for export sales and stabilizing the domestic also developed its export markets which 1998–99 NS raisins, the major varietal market. now account for almost 40 percent of type of California raisin, for the first the industry’s shipments. time in 16 years. However, about 60,000 Specifically, the Committee Between 1980–85, exports of natural condition tons of 1997–98 recommended that an estimated trade California NS raisins averaged about 26 reserve raisins were available to demand be utilized to compute percent (53,700 packed tons, or raisins maintain the industry’s ERO program. preliminary, interim, and final free and which have been processed) of the The Committee is concerned that the reserve percentages for 1999–2000 crop industry’s total NS raisin shipments 1999–2000 California raisin crop may NS raisins if the crop estimate is equal (207,600 packed tons, excluding also be short due to an April 1999 frost to, less than, or no more than 10 percent government purchases) per year. and anticipated high demand for raisin- greater than the trade demand as Between 1993–97, NS raisin exports variety grapes from wineries this fall. If computed according to the formula increased to average about 37 percent no 1999–2000 reserve is established, the specified in § 989.54(a) of the order. If (112,000 packed tons) of the industry’s industry will not be able to continue the an estimated trade demand figure is total NS raisin shipments (300,000 ERO program. Without a program to utilized, the final reserve percentage packed tons, excluding government support its export sales, the Committee will be no more than 10 percent. purchases) per year. is concerned that the industry could Finally, volume regulation will not be lose a significant portion, perhaps 50 implemented if the 1999–2000 crop Export Replacement Offer percent, of those markets. Further, estimate is below 235,000 natural One market development program handlers who could not sell their raisins condition tons. operated through reserve pools, the in export may sell their raisins To illustrate how this will work, the Export Replacement Offer (ERO), has domestically. Annual domestic Committee will compute a trade helped California raisins to be price shipments of NS raisins for the past 5 demand for NS raisins by August 15 (as competitive in export markets. Prices in years have averaged about 188,000 an example, 260,000 natural condition export markets are generally lower than packed tons. The Committee is tons). At that time, the Committee will the domestic market. The ERO began in concerned that additional raisins sold also announce its intention to use an the early 1980’s as a ‘‘raisin-back’’ into the domestic market could create estimated trade demand of 235,000 program whereby handlers who instability. natural condition tons to compute

VerDate 18-JUN-99 15:56 Aug 11, 1999 Jkt 183247 PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 E:\FR\FM\12AUR1.XXX pfrm07 PsN: 12AUR1 Federal Register / Vol. 64, No. 155 / Thursday, August 12, 1999 / Rules and Regulations 43899 volume regulation percentages for the price for their free tonnage. Normally, The remaining 10 percent of the crop 1999–2000 crop. when preliminary percentages are would be held in reserve and offered for computed, producers receive an initial sale to handlers in the ‘‘10 plus 10’’ Crop Estimate Below 235,000 Tons—No payment from handlers for 85 percent of offers. As previously described, the ‘‘10 Regulation the computed trade demand (or 65 plus 10’’ offers are two offers of reserve The Committee will meet by October percent of the trade demand if no field raisins that are made available to 5 to announce a NS crop estimate and price has been established). Using the handlers for free use. The order determine whether volume regulation is 260,000 natural condition ton computed specifies that each offer consists of a warranted. If the 1999–2000 crop trade demand figure, this would equate quantity of reserve raisins equal to 10 estimate is under 235,000 natural to 238,000 natural condition tons. percent of the prior year’s shipments. condition tons, volume regulation will However, if the lower, 235,000 natural This requirement would not be met if not be recommended. With a crop of condition ton estimated trade demand volume regulation were implemented 235,000 natural condition tons, and figure were utilized to compute when raisin supplies were short. about 82,000 natural condition tons of preliminary percentages, producers However, all of the raisins held in NS raisins carried forward from the would receive an initial payment from reserve would be made available to 1998–99 crop year, a supply of about handlers for only 199,750 natural handlers for free use. Handlers would 317,000 natural condition tons of raisins condition tons, or 71 percent of the pay the Committee for the ‘‘10 plus 10’’ would be available for the 1999–2000 computed trade demand. raisins and that money would be crop year. As previously mentioned, The Committee is concerned with the utilized to fund a 1999–2000 ERO annual NS raisin shipments average preliminary percentage computation program. Any unused 1999–2000 about 300,000 packed tons (about using an estimated trade demand and its reserve pool funds could be loaned 320,000 natural condition tons), impact on producer returns. The forward to initiate a 2000–2001 ERO excluding government purchases. Committee wants to ensure that program. However, the Committee With an available supply of only producers receive the field price for as recommended that such funds be paid 317,000 natural condition tons of NS back to the 1999–2000 reserve pool and raisins, the Committee believes that the much of their crop as possible early in the season while still establishing a ultimately be returned to 1999–2000 industry’s first priority would be to equity holders. satisfy the needs of the domestic market, small pool of reserve raisins to maintain which absorbs annually an average of the ERO. Thus, the Committee Crop Estimate More Than 10 Percent about 188,000 packed tons (200,000 recommended that, if an estimated trade Above the Computed Trade Demand demand figure is utilized, preliminary natural condition tons). Assuming that Finally, the Committee recommended 200,000 natural condition tons were percentages be computed to release 85 that, if the 1999–2000 crop estimate is shipped domestically, the Committee percent of the crop estimate. However, more than 10 percent greater than the estimates that, with no ERO program to the order specifies that preliminary computed trade demand (or above help California raisins be price percentages be computed to release 85 286,000 natural condition tons in the competitive in export markets, the percent of the trade demand, not the earlier example), the computed trade industry would export about half of its crop estimate, once a field price is demand (as an example, 260,000 natural usual tonnage, or about 60,000 natural established. condition tons) be utilized to compute condition tons. The remaining 57,000 To achieve the same objective but volume regulation percentages. Under natural condition tons would likely be remain within the order’s parameters, this scenario, enough raisins (over held in inventory for the following the Committee could compute interim 28,000 natural condition tons) would be 2000–2001 crop year. Annual carryout percentages to equal 85 percent free and available in reserve to continue the ERO inventory for NS raisins for the past 5 15 percent reserve. Pursuant to program. years has averaged about 100,000 § 989.54(c), interim percentages may be It is anticipated that allowing the use natural condition tons. computed prior to February 15 to of an estimated trade demand figure to release less than the trade demand. As compute volume regulation percentages Crop Estimate Between 235,000 Tons an example, with a crop estimate of for 1999–2000 crop NS raisins if and 10 Percent Above the Computed 265,000 natural condition tons and an supplies are short will assist the Trade Demand—Volume Regulation estimated trade demand of 238,500 industry in maintaining a portion of its If the October 1999–2000 crop natural condition tons, a free percentage export markets and stabilize the estimate for NS raisins falls between of 85 percent of the crop estimate would domestic market. If the crop estimate is 235,000 natural condition tons and 10 release 225,250 natural condition tons below 235,000 natural condition tons, percent above the computed trade of raisins, or 94 percent of the estimated no volume regulation will be demand, the Committee will use an trade demand. This action will mollify implemented. If this occurs, it is estimated trade demand figure to the impact of implementing volume anticipated that domestic market needs compute preliminary free and reserve regulation when supplies are short on would be met, while export markets percentages for the 1999–2000 crop. producers by allowing them to be paid would likely not be satisfied. Thus, using the 260,000 natural for as much of their free tonnage raisins However, if the crop falls between condition ton computed trade demand as possible early in the season. 235,000 natural condition tons and figure, an estimated trade demand will Finally, the Committee will meet by slightly higher than the computed trade be used to compute volume regulation February 15 to compute final free and demand, establishing a small reserve percentages if the crop estimate falls reserve percentages. The Committee pool will allow the industry to not only between 235,000 and 286,000 natural recommended that if an estimated trade satisfy the needs of the domestic market, condition tons. demand figure is used to compute but also maintain a portion of its export The order specifies that preliminary percentages, the final reserve percentage sales, which now account for almost 40 percentages compute to release 85 be computed to equal no more than 10 percent of the industry’s annual percent of the computed trade demand percent. Producers would ultimately be shipments. By maintaining an ERO as free tonnage once a field price is paid the field price for 90 percent of program, even at a reduced level, established. Producers are paid the field their crop, or their free tonnage. exporters could continue to be price

VerDate 18-JUN-99 15:56 Aug 11, 1999 Jkt 183247 PO 00000 Frm 00003 Fmt 4700 Sfmt 4700 E:\FR\FM\12AUR1.XXX pfrm07 PsN: 12AUR1 43900 Federal Register / Vol. 64, No. 155 / Thursday, August 12, 1999 / Rules and Regulations competitive and sell their raisins being paid the field price for about 10 A similar scenario occurred in the abroad. The domestic market would percent of their crop that would go into California raisin industry in the early remain stable because it would not have a reserve pool. The field price for NS 1980’s where the industry experienced to absorb any additional raisins that raisins for the past 5 years has averaged two consecutive, short crop years. The handlers could not afford to sell in $1,216 per ton. Handlers in turn would 1981–82 and 1982–83 crops were short export markets. purchase 90 percent of their raisins followed by relatively large crops for the directly from producers at the field remainder of the 1980’s. The producer Final Regulatory Flexibility Analysis price, but would have to buy remaining field price for NS raisins was $1,275 per Pursuant to requirements set forth in raisins out of the reserve pool at a ton for 1981–82 crop raisins, and $1,300 the Regulatory Flexibility Act (RFA), the higher price (field price plus 3 percent per ton for 1982–83 crop raisins. No Agricultural Marketing Service (AMS) and Committee costs). The ‘‘10 plus 10’’ volume regulation was implemented in has considered the economic impact of price of NS reserve raisins has averaged 1982–83. However, a large inventory of this action on small entities. about $100 higher than the field price high-priced raisins was carried forward Accordingly, AMS has prepared this for the past 5 years, or $1,316 per ton. into the 1983–84 crop year. When final regulatory flexibility analysis. Proceeds from the ‘‘10 plus 10’’ sales coupled with the largest crop on record The purpose of the RFA is to fit would be used to support export sales. at the time, volume regulation was regulatory actions to the scale of While there may be some initial costs implemented for the 1983–84 crop with business subject to such actions in order for both producers and handlers, the the free tonnage percentage at a that small businesses will not be unduly long term benefits of this action far historically low 37.5 percent. By 1984, or disproportionately burdened. outweigh the costs. The Committee the producer field price for free tonnage Marketing orders issued pursuant to the believes that with no reserve pool and raisins fell to $700 per ton, causing Act, and rules issued thereunder, are hence no ERO program, export sales producers to experience large financial unique in that they are brought about would decline dramatically, perhaps up losses. Thus, the industry wants to help through group action of essentially to 50 percent. Handlers would likely avoid a repeat of what happened in the small entities acting on their own sell into the domestic market raisins 1980’s by utilizing the Federal order to behalf. Thus, both statutes have small that they were unable to sell into lower maintain export sales and provide entity orientation and compatibility. priced export markets. Additional NS stability in the domestic market. There are approximately 20 handlers raisins sold into the domestic market, Several alternatives to this action of California raisins who are subject to which typically absorbs about 188,000 were considered by the industry. As regulation under the order and packed tons, could create instability. previously mentioned, the Committee approximately 4,500 raisin producers in The industry would likely lose a formed a working group to address its the regulated area. Small agricultural substantial portion of its export markets, concerns. The working group service firms have been defined by the which now account for about 37 percent considered utilizing money remaining Small Business Administration (13 CFR (112,000 packed tons) of the industry’s in the 1997–98 reserve pool to fund 121.601) as those having annual receipts annual shipments (300,000 packed tons, some portion of an ERO. About $22 of less than $5,000,000, and small excluding government purchases). million would be available. However, agricultural producers are defined as Committee members have also because there was no 1998–99 reserve, those having annual receipts of less than commented that, once export markets the 1997–98 pool will ultimately fund at $500,000. No more than 7 handlers, and were lost, it would be difficult and least 16 months of an ERO program. a majority of producers, of California costly for the industry to recover those Ideally, the Committee would like to see raisins may be classified as small sales. each reserve pool support one year of an entities. Thirteen of the 20 handlers Maintaining the industry’s export ERO program. Unfortunately, because of subject to regulation have annual sales markets will, in turn, help the industry variances in crop size, the spread in estimated to be at least $5,000,000, and maximize its 1999–2000 total shipments price between the domestic and export the remaining 7 handlers have sales less and prevent handlers from carrying markets, and other factors, this goal is than $5,000,000, excluding receipts forward large quantities of inventory not always met. In any event, the from any other sources. into the 2000–2001 crop year. If the Committee agreed that any remaining This rule adds a new paragraph to industry is unable to maximize its 1997–98 reserve pool funds could be § 989.154 of the order’s administrative 1999–2000 shipments, carryin inventory loaned forward to initiate a 1999–2000 rules and regulations that provides could be high which would result in a ERO program, but those funds would parameters for using an estimated trade lower computed trade demand figure for have to be paid back and ultimately demand figure specified in the 2000–2001 crop year. If the industry returned to the 1997–98 equity holders. § 989.54(e)(4) of the order to compute returns to its pattern of relatively large A second alternative considered by volume regulation percentages for 1999– crops in 2000–2001, a low trade demand the working group was to fund the ERO 2000 crop NS raisins. This rule provides and large crop estimate would compute through an increased assessment rate. guidelines for the use of volume to a low free tonnage percentage. Since The current assessment rate is $8.50 per regulation if 1999–2000 NS raisin producers are paid significantly more ton for raisins acquired by handlers. The supplies are short for the purposes of for their free tonnage than for reserve Committee estimated that the rate maintaining a portion of the industry’s tonnage, this would mean reduced would need to be increased to at least export markets and stabilizing the returns to producers. Projected reduced $60 per ton for acquired raisins. The domestic market. 2000–2001 returns to raisin producers, Department had concerns with such an Regarding the impact of the action on coupled with the risks of rain and labor increase as well as whether the ERO producers and handlers, if an estimated shortages during harvest, may influence could be funded through the order’s trade demand figure is used to compute producers to ‘‘go green,’’ or sell their assessment authority. volume regulation percentages, the final raisin-variety grapes to the fresh-grape, A third alternative considered by the reserve percentage would compute to no wine, or juice concentrate markets. working group was to change the order’s more than 10 percent. Producers would Additional supplies to those outlets desirable carryout formula. Desirable thus be paid the field price for at least could potentially reduce ‘‘green’’ carryout is part of the order’s trade 90 percent of their crop, but would lose returns as well. demand formula and is the amount of

VerDate 18-JUN-99 15:56 Aug 11, 1999 Jkt 183247 PO 00000 Frm 00004 Fmt 4700 Sfmt 4700 E:\FR\FM\12AUR1.XXX pfrm07 PsN: 12AUR1 Federal Register / Vol. 64, No. 155 / Thursday, August 12, 1999 / Rules and Regulations 43901 tonnage from the prior crop year needed were invited to attend the meetings and other raisin-producing countries. The during the first part of the next crop participate in the industry’s commenters contend that, if the world year to meet market needs, before new deliberations. supply of raisins this year is short, along crop raisins are available for shipment. Further, two major industry with a short California crop, the Desirable carryout is specified in the organizations, Sun-Maid Growers of California raisin industry would not order’s regulations and is equal to 21⁄2 California (Sun-Maid) and the Raisin lose its export markets because other months of the prior year’s shipments. Bargaining Association (RBA), have raisin-producing countries would not be Changing the desirable carryout changes held meetings to provide additional able to supply those markets. the trade demand computation. The information to their members on the Even in light of a relatively short working group considered developing a Committee’s recommendation. Sun- world supply of raisins, however, an sliding scale which would match crop Maid and the RBA represent about 70 ERO program would be necessary to estimates with levels of carryout percent of the California raisin industry. continue to help California raisins inventory. However, after much A proposed rule concerning this attract buyers in export markets. Raisins discussion, the working group action was published in the Federal are not a necessary product for ultimately recommended to the Register on June 28, 1999 (64 FR 34571). consumers, and export markets would Committee using an estimated trade A 20-day comment period, which ended disappear if prices sharply advanced to demand to compute volume regulation on July 19, 1999, was provided to allow free tonnage levels. It would be very percentages next year if NS raisin interested persons to respond to this difficult and costly for the industry to supplies are short. proposal. Copies of the rule were mailed regain export markets once they were There are some reporting, to all Committee members and lost. recordkeeping and other compliance alternates, handlers, and producers. The One of the commenters expressed requirements under the order. The rule was also made available through concern with the composition of the reporting and recordkeeping burdens the Internet by the Office of the Federal Committee, and another commenter are necessary for compliance purposes Register. Three comments were expressed concern with the composition and for developing statistical data for received. of the working group which deliberated maintenance of the program. If volume All three commenters expressed the issue. Specifically, one commenter regulation were implemented this year concern with the impact of contends that the Committee is suppose using an estimated trade demand figure, implementing volume regulation in to be made up of an equal number of the requirements on handlers would be short crop years on producers. One producers and handlers, and that many identical to those requirements imposed commenter stated that he supports handlers who are also producers hold in past seasons when volume regulation maintaining the industry’s export producer positions on the Committee. was implemented. As previously stated, markets, but only if it is profitable for The commenter contends that this volume regulation has been utilized in producers. The commenters also stated results in Committee discussions which all but 10 seasons for NS raisins since that the ERO program benefits handlers usually favor the interests of handlers the inception of the order in 1949. Thus, with producers assuming the burden of rather than producers. handlers are familiar with the financing the program. Consistent with the terms of the order, requirements. The evidence before the Committee the Committee is composed of 47 Furthermore, this action imposes no indicates that the domestic market can members—35 producers, 10 handlers, 1 additional reporting or recordkeeping currently only absorb a limited quantity representing the RBA, and 1 public burden on either small or large of California raisins annually, or about member. Nothing under the current handlers. The forms require information 188,000 packed tons (200,000 natural order prohibits a producer member from which is readily available from handler condition tons). If the crop significantly having a handler interest, or a handler records and which can be provided exceeded this level and if no ERO member from having a producer without data processing equipment or program were established, handlers who interest. In addition, the Committee can trained statistical staff. The information could not sell their raisins in export change its composition through formal and recordkeeping requirements have might sell their raisins domestically. rulemaking (public hearing and been previously approved by the Office Additional NS raisins sold into the producer referendum) if desired. of Management and Budget (OMB) domestic market would create As stated above, one commenter under OMB Control No. 0581–0178. As instability and reduce producer returns. expressed concern with the make-up of with other similar marketing order In addition, while the domestic the working group which held programs, reports and forms are market generates the highest return for preliminary meetings to discuss this periodically reviewed to reduce producers (about $1,216 per ton), the issue. The commenter contends that the information requirements and export market generates the second working group was composed of five duplication by industry and public highest level of return (about $800 per Committee members—one public sector agencies. Finally, the Department ton). Other outlets for raisins such as member and four members affiliated has not identified any relevant Federal government purchase, diversion, and with a handler. However, the working rules that duplicate, overlap or conflict distilleries or animal feed provide much group was composed of 13 Committee with this rule. lower returns. Thus, since the domestic members representing a cross-section of In addition, the Committee’s working market can only absorb a limited producers and handlers. Further, all of group meetings held on February 24, amount of raisins, it is prudent to help the working group meetings were open March 10, March 18, April 6, 1999, and ensure that as much of the remainder of to any interested person who would the subcommittee and Committee the crop as possible be sold to the next have liked to attend. meetings on April 13, 1999, where this profitable outlet—export. The Department believes that the action was deliberated were all public Two of the commenters expressed group to which the commenter is meetings widely publicized throughout concern with the relationship between referring is the group of Committee the raisin industry. The Committee held the world supply of raisins and the members who responded to industry a follow-up meeting on June 10, 1999, proposal’s concern with a potential loss questions on this issue at the meeting on to further educate the industry on its of export markets. Early season forecasts June 10, 1999. That group consisted of recommendation. All interested persons predict relatively smaller crops in some only a few members of the original

VerDate 18-JUN-99 15:56 Aug 11, 1999 Jkt 183247 PO 00000 Frm 00005 Fmt 4700 Sfmt 4700 E:\FR\FM\12AUR1.XXX pfrm07 PsN: 12AUR1 43902 Federal Register / Vol. 64, No. 155 / Thursday, August 12, 1999 / Rules and Regulations working group who visited the September, and one-half of October, for of Information Act (EFOIA) Department’s headquarters’ office in each varietal type, converted to a Amendments of 1996 and instructs April 1999 to discuss the Committee’s natural condition basis: Provided, That, agencies to promulgate regulations proposal. should the prior year’s shipments be implementing certain of its Finally, regardless of the limited because of crop conditions, the requirements. Therefore, FSIS is recommendation of the Committee or its Committee may select the total amending its regulations to comply with working group, it is the Department of shipments during the months of August, the departmental regulations. The Agriculture that makes the decision to September, and one-half of October regulations establish a fourth category of adopt this rule after a thorough during one of the three crop years ‘‘reading room records’’ in electronic consideration of all the evidence and preceding the prior crop year. format and require the Agency to make views of the entire industry. (b) Estimated trade demand. Pursuant all records it has created on or after Accordingly, no changes have been to § 989.54(e)(4), estimated trade November 1, 1996 available made to the rule as proposed, based on demand is a figure different than the electronically on a World Wide Web site the comments received. trade demand computed according to by November 1, 1997. The electronic After consideration of all relevant the formula in § 989.54(a). The availability obligation applies not only matter presented, including the Committee shall use an estimated trade to records in the new fourth reading information and recommendation demand to compute preliminary and room category but also to more submitted by the Committee, the interim free and reserve percentages, or traditional reading room records created comments received in response to the determine such final percentages for by the Agency, such as staff manuals proposed rule, and other available recommendation to the Secretary for and other materials regularly requested information, it is hereby found that this 1999–2000 crop Natural (sun-dried) by the public. rule, as hereinafter set forth, will tend Seedless (NS) raisins if the crop DATES: This final rule is effective August to effectuate the declared policy of the estimate is equal to, less than, or no 12, 1999. Act. more than 10 percent greater than the FOR FURTHER INFORMATION CONTACT: Ms. It is further found that good cause computed trade demand: Provided, That exists for not postponing the effective Cheryl Hicks, Director, Executive the final reserve percentage computed Management and Coordination Staff, date of this rule until 30 days after using such estimated trade demand publication in the Federal Register (5 FSIS, at (202) 690–3881 or by FAX at shall be no more than 10 percent, and (202) 205–0158. U.S.C. 553) because: (1) This action no reserve shall be established if the SUPPLEMENTARY INFORMATION: needs to be in effect by August 12, 1999, final 1999–2000 NS raisin crop estimate which is the date of the Committee’s is less than 235,000 natural condition Background meeting where the 1999–2000 trade tons. demand will be announced; (2) The Freedom of Information Act producers and handlers are aware of § 989.157 [Amended] (FOIA) evolved from the 1958 this action which was recommended at 4. A new undesignated center heading Administrative Procedure Act a public meeting; and (3) a 20-day is added preceding § 989.157 to read disclosure requirement. FOIA was comment period was provided in the ‘‘Quality Control.’’ enacted in 1966. In 1967, it was codified proposed rule, and the comments as section 552 of Title 5 of the United Dated: August 9, 1999. States Code (U.S.C.). FOIA establishes a received in response to that rule were Kathleen A. Merrigan, addressed herein. presumptive right for any member of the Administrator, Agricultural Marketing public to obtain identifiable, existing List of Subjects in 7 CFR Part 989 Service. records of Federal departments and Grapes, Marketing agreements, [FR Doc. 99–20877 Filed 8–9–99; 1:55 pm] agencies without indicating a reason or Raisins, Reporting and recordkeeping BILLING CODE 3410±02±P need for seeking the information. Any requirements. member of the public may use the FOIA to gain access to Government For the reasons set forth in the DEPARTMENT OF AGRICULTURE preamble, 7 CFR part 989 is amended as information. However, agencies also may deny access to records, or portions follows: Food Safety and Inspection Service of records, which fall under enumerated PART 989ÐRAISINS PRODUCED 9 CFR Part 390 exemptions, such as information that is FROM GRAPES GROWN IN classified for national defense or CALIFORNIA [Docket No. 99±034F] business information involving trade secrets. 1. The authority citation for 7 CFR Electronic Freedom of Information Act As is the case with all Federal part 989 continues to read as follows: AGENCY: Food Safety and Inspection agencies, FSIS is subject to the Authority: 7 U.S.C. 601–674. Service, USDA. provisions of FOIA, which require 2. The undesignated center heading ACTION: Final rule. agencies to make certain documents preceding § 989.154 is revised to read available for public inspection and ‘‘Marketing Policy.’’ SUMMARY: This final rule amends the duplication and to process requests 3. Section 989.154 is revised to read administrative procedures of the Food from the public for documents. FOIA as follows: Safety and Inspection Service (FSIS) by requests received by FSIS are often for implementing the provisions of the documents produced daily by § 989.154 Marketing policy computations. Department of Agriculture’s (USDA) inspection personnel stationed in more (a) Desirable carryout levels. The final rule entitled USDA Freedom of than 6,000 meat, poultry, and egg desirable carryout levels to be used in Information Act. Issued on May 4, 1999, processing plants throughout the computing and announcing a crop the departmental rule authorizes country and in U.S. territories. year’s marketing policy shall be equal to substantive administrative changes to be FSIS receives approximately 1,000 total shipments of free tonnage of the made by agencies to conform to the FOIA requests each year. About 40 prior crop year during August, requirements of the Electronic Freedom percent of the requests processed by the

VerDate 18-JUN-99 15:56 Aug 11, 1999 Jkt 183247 PO 00000 Frm 00006 Fmt 4700 Sfmt 4700 E:\FR\FM\12AUR1.XXX pfrm07 PsN: 12AUR1 Federal Register / Vol. 64, No. 155 / Thursday, August 12, 1999 / Rules and Regulations 43903

Agency involve documents of 200 pages • If the extra 10 working days is still and determined that there will be no or more. However, document length can insufficient time to respond to an impact. This rule represents a range from a single page to 5,000 pages. unusually burdensome request, an modification in administrative Because Federal agencies are required to agency must inform the requester that procedures. maintain copies of any information that the request cannot be processed within Paperwork Reduction Act is released to the public, FSIS now the statutory time limits. The agency maintains voluminous paper files will provide the requester an The paperwork requirements for this associated with its FOIA function. opportunity to limit the scope of the final rule have been approved by OMB In 1996, Congress enacted the request or arrange a negotiated deadline under control number 0583–0092. Electronic Freedom of Information Act for processing the request. If the This rulemaking is part of the Amendments of 1996 (Pub. L. 104–231; requester refuses and then seeks judicial Reinventing Government effort. The 110 Stat. 3048). These amendments review, that refusal will be considered intent of this action is to reduce the acknowledge the widespread use of as a factor in determining whether number of future requests for identical computers and other means of ‘‘exceptional circumstances’’ exist. information and to lessen the paperwork electronic telecommunications by • ‘‘Exceptional circumstances’’ will burden and duplication costs by Federal agencies and address the subject not include a delay that results from a encouraging the Agency to use newer of electronic records for the first time in predictable agency workload of FOIA technology to increase public access to the history of the statute. requests unless the agency demonstrates Government information. USDA issued its implementing reasonable progress in reducing its List of Subjects in 9 CFR Part 390 regulation on May 4, 1999 (63 FR backlog. 24467). Specifically, the final rule This final rule does not affect Freedom of information. requires FSIS and other departmental substantively any member of the public, For the reasons discussed in the agencies to make available on-line, for but constitutes a modification in preamble to this rule, FSIS is amending public inspection and reproduction, administrative procedures that requires 9 CFR part 390 of the Federal meat and copies of any records that, because of FSIS to update its public information poultry products inspection regulations the nature of their subject matter, are system by adding an electronic as follows: likely to elicit additional requests. The component. Therefore, under the regulation requires that agencies administrative procedure provisions in PART 390ÐFREEDOM OF provide information in the form 5 U.S.C. 553, it is found upon good INFORMATION requested (for example, paper or cause that public participation in this 1. The authority citation for part 390 computer diskette) if the information is rulemaking procedure is impracticable continues to read as follows: readily reproducible in that form. The and unnecessary, and good cause is regulation also extends the time for found for making this final rule effective Authority: 5 U.S.C. 301, 552; 7 CFR 1.3, responding to a FOIA request from 10 to less than 30 days after publication in the 2.7. 20 working days (excepting Saturdays, Federal Register. 2. Section 390.1 is revised to read as Sundays, and Federal holidays), follows: modifies the requirements for reporting Executive Order 12988 FOIA activities to Congress, and This final rule has been reviewed § 390.1 Scope and purpose. specifies cases in which agencies may under Executive Order 12988, Civil This part is issued pursuant to the extend the time in which it will respond Justice Reform. This rule: (1) Preempts Freedom of Information Act (FOIA) as to a FOIA request. The regulation also all State and local laws and regulations amended (5 U.S.C. 552), and in includes provisions regarding the that are in conflict with this rule; (2) has accordance with the directives of the availability of documents in electronic no retroactive effect; and (3) does not Department of Agriculture regulations form, the treatment of electronic require administrative proceedings in part 1, subpart A, of Title 7. The records, the establishment of electronic before parties may file suit in court availability of records, including reading rooms, and the tracking and challenging this rule. Executive Order electronic records created on or after expedited processing of requested 12866 and Regulatory Flexibility Act. November 1, 1996, of the Food Safety materials. FSIS has determined that this final and Inspection Service (FSIS), and the Other important features: rule is not a significant regulatory action procedures by which the public may • Agencies may process requests for the following reasons. The rule does request such information, will be according to the level of effort rather not have an annual effect on the governed by the FOIA and by the than on a strict first-in, first-out basis. economy of $100 million or more and Department regulations as implemented • When denying a request, an agency does not adversely affect the economy and supplemented by the regulations in must try to estimate the volume of any or any segment of the economy. this part. denied material and provide that Therefore, FSIS has determined that this 3. Section 390.2 is revised to read as estimate to the requester, unless doing final rule is not a significant rule under follows: so would harm an interest protected by Executive Order 12866, and it has not an exemption. undergone review by the Office of § 390.2 Published materials. • Agencies redacting electronically Management and Budget (OMB). FSIS rules and regulations relating to transmitted materials must provide a its regulatory responsibilities and record of the location and extent of any Executive Order 12898 administrative procedures are published deletions made. Pursuant to Executive Order 12898, and made available to the public in the • Certain categories of requesters ‘‘Federal Actions to Address Federal Register and codified in chapter would receive priority treatment of their Environmental Justice in Minority III, title 9, of the Code of Federal requests if failure to obtain information Populations and Low-Income Regulations. FSIS also issues numerous would pose an imminent threat to life Populations,’’ FSIS has considered the publications relating to Agency or physical safety or if there is an potential impact of this final rule on programs, which implement the laws urgency in informing the public about environmental and health conditions on listed in the Delegation of Authority, 7 Federal activity. low-income and minority communities CFR 2.15(a). Most of these publications

VerDate 18-JUN-99 15:56 Aug 11, 1999 Jkt 183247 PO 00000 Frm 00007 Fmt 4700 Sfmt 4700 E:\FR\FM\12AUR1.XXX pfrm07 PsN: 12AUR1 43904 Federal Register / Vol. 64, No. 155 / Thursday, August 12, 1999 / Rules and Regulations are available free from the USDA § 390.5 Request for records. § 390.6 Fee schedule. Publications Division, Office of (a) The FOIA Coordinator of FSIS is Department regulations provide for a Governmental and Public Affairs, or at authorized to receive requests and to schedule of reasonable standard charges established rates from the exercise authority under 7 CFR 1.3(a) for document search and duplication. Superintendent of Documents, U.S. to— See 7 CFR 1.17. Fees to be charged are Government Printing Office, (1) Make determinations to grant or in 7 CFR part 1, subpart A, appendix A. Washington, 20402–9328. deny such requests, 8. Section 390.7 is revised to read as (2) Extend the 20-day deadline, 4. Section 390.3 is revised to read as follows: follows: (3) Make discretionary releases of exempt records, except where § 390.7 Appeals. § 390.3 Indexes, reference guide, and disclosure is specifically prohibited by (a) If the request for information or for handbook. Executive Order, statute, and applicable a waiver of search or duplication is regulations, (a) Pursuant to the regulations in 7 denied, in whole or in part, the FOIA (4) Consider expedited processing CFR 1.4(c), FSIS will maintain and Coordinator or designee will explain in make available for public inspection when appropriate, (5) Make determinations regarding the the letter of response the grounds for and copying an index providing any denial of access and offer the identifying information regarding the charging of fees pursuant to the established schedule, and requester an opportunity to file an materials required to be published or administrative appeal, pursuant to 7 made available under the Freedom of (6) Determine the applicability of 7 CFR 1.5 to requests for records. CFR 1.3(a)(4). The appeal should be Information Act (5 U.S.C. 552(a)(2)). The filed in writing within 45 days of the Agency will make the index available by (b) Requests for FSIS records or information will be made in writing in date of denial (departmental regulations, computer telecommunications by 7 CFR 1.14) and addressed as follows: December 31, 1999. Quarterly accordance with 7 CFR 1.5 and publication of the index is unnecessary submitted to the FSIS Freedom of Administrator, Food Safety and Inspection and impractical, since the material is Information Act Coordinator at the Service (FOIA Appeals), Department of Agriculture, Washington, DC 20250–3700 voluminous and does not change often following address: enough to justify the expense of Freedom of Information Act Coordinator (b) The FSIS Administrator is quarterly publication. The Agency will (FOIA Request), Food Safety and authorized under 7 CFR 1.3(a)(4) to provide copies of any index, upon Inspection Service, Department of extend the 20-day deadline, make request, at a cost not to exceed direct Agriculture, Washington, DC 20250–3700 discretionary releases, and make cost of duplication. The submitter will identify each determinations regarding the charging of (b) FSIS is responsible for preparing record with reasonable specificity as fees. reference material or a guide for prescribed in 7 CFR 1.3. All requests to 9. Section 390.8 is revised to read as requesting records or information from inspect or obtain copies of any record or follows: the Agency. This guide also will include to obtain a fee waiver must be submitted an index of all major information in writing. § 390.8 Agency response to requests. systems and a description of major (c) In exercising authority under 7 (a) The response to Freedom of information and record locator systems. CFR 1.3(a)(3) to grant and deny requests, Information requests and appeals by (c) FSIS will prepare a handbook for the Coordinator or designee will comply officials named in §§ 390.5 and 390.7 of obtaining information from the Agency. with subsection (b) of the Freedom of this part shall be governed by and made The handbook will be available on Information Act (5 U.S.C. 552(b)), as in accordance with 7 CFR 1.7 and the paper and through electronic means, amended, which requires that any regulations in this part. and will discuss how the public can use reasonably segregated portion of a (b) If requests for records and it to access Agency FOIA annual document will be provided to a person information are received by field offices, reports. Similarly, the annual reports requesting the document after deletion the field office will immediately notify will refer to the handbook and how to of any portions within the scope of the the FOIA Coordinator or designee by obtain it. request for which an exemption is being telephone and transmit the request to claimed under the Act. Therefore, 5. Section 390.4 is revised to read as the FOIA office. In rare instances, the unless the disclosable and follows: FOIA Coordinator or designee will nondisclosable portions are so authorize a release of the requested § 390.4 Facilities for inspection and inextricably linked that it is not records to the field office receiving the copying. reasonably possible to separate them, request. The request will be considered Facilities for public inspection and the document will be released with the as having been received on the date of copying of the material described in nondisclosable portions deleted. The arrival in the office of the Coordinator §§ 390.2 and 390.3 of this part will be Coordinator or designee may exercise or designee. Any person whose request provided by FSIS pursuant to 7 CFR discretion as limited by 7 CFR l.15 to for records has been granted may 1.5(a) in a reading area, on business release the entire document or make inspect and copy the records (or copies) days between the hours of 8:30 a.m. and only a minimum number of deletions. If at the office listed in § 390.4 of this part 4:30 p.m., upon request to the Freedom portions of a document in electronic in accordance with the provisions of of Information Coordinator or designee format have been redacted, the Agency that section and with § 390.6. Copies at the following address: must indicate, on the released portion of also may be obtained by mail. the document, the amount of Freedom of Information Act Coordinator information that has been deleted from Done in Washington, DC, on August 4, (FOIA), Food Safety and Inspection a record, unless that indication would 1999. Service, Department of Agriculture, Thomas J. Billy, Washington, DC 20250–3700 harm an interest protected by an applicable exemption. Administrator. 6. Section 390.5 is revised to read as 7. Section 390.6 is revised to read as [FR Doc. 99–20821 Filed 8–11–99; 8:45 am] follows: follows: BILLING CODE 3410±DM±P

VerDate 18-JUN-99 15:56 Aug 11, 1999 Jkt 183247 PO 00000 Frm 00008 Fmt 4700 Sfmt 4703 E:\FR\FM\12AUR1.XXX pfrm07 PsN: 12AUR1 Federal Register / Vol. 64, No. 155 / Thursday, August 12, 1999 / Rules and Regulations 43905

DEPARTMENT OF TRANSPORTATION by superseding AD 97–18–11, substantial number of small entities Amendment 39–10520 (63 FR 26429), under the criteria of the Regulatory Federal Aviation Administration applicable to BHTI Model 204B, 205A, Flexibility Act. A final evaluation has and 205A–1 helicopters, was published been prepared for this action and it is 14 CFR Part 39 in the Federal Register on May 26, 1999 contained in the Rules Docket. A copy [Docket No. 98±SW±73±AD; Amendment (64 FR 28420). That action proposed to of it may be obtained from the Rules 39±11252; AD 99±17±03] require initial and repetitive inspections Docket at the location provided under of the fin spar for cracks. Also proposed the caption ADDRESSES. RIN 2120±AA64 was a requirement to replace the fin List of Subjects in 14 CFR Part 39 Airworthiness Directives; Bell spar within 12 calendar months. Helicopter Textron, Inc. Model 204B, Replacing the fin spar with a FAA- Air transportation, Aircraft, Aviation 205A, and 205A±1 Helicopters approved fin spar configuration that safety, Incorporation by reference, satisfies the structural fatigue Safety. AGENCY: Federal Aviation requirement of repeated high torque Adoption of the Amendment Administration, DOT. events would constitute a terminating ACTION: Final rule. action for the requirements of the AD. Accordingly, pursuant to the That action was prompted by an authority delegated to me by the SUMMARY: This amendment supersedes accident involving a Model 205A–1 Administrator, the Federal Aviation an existing airworthiness directive (AD), helicopter and four other accidents Administration amends part 39 of the applicable to Bell Helicopter Textron, involving helicopters of similar type Federal Aviation Regulations (14 CFR Inc. (BHTI) Model 204B, 205A, and design. part 39) as follows: 205A–1 helicopters, that currently Interested persons have been afforded requires modifying and inspecting the an opportunity to participate in the PART 39ÐAIRWORTHINESS vertical fin spar (fin spar) for cracks. making of this amendment. No DIRECTIVES This amendment requires modification comments were received on the 1. The authority citation for part 39 and visual and dye-penetrant proposal or the FAA’s determination of continues to read as follows: inspections of the fin spar for cracks, the cost to the public. The FAA has and if a crack is discovered, replacing determined that air safety and the Authority: 49 U.S.C. 106(g), 40113, 44701. the fin spar. A tapping test for public interest require the adoption of § 39.13 [Amended] disbonding and replacing certain fin the rule as proposed. 2. Section 39.13 is amended by spars within 12 calendar months is also The FAA estimates that 150 removing Amendment 39–10520 (63 FR required. This amendment is prompted helicopters of U.S. registry will be 26429, May 13, 1998), and by adding a by an accident involving a Model 205A– affected by this AD, that it will take new airworthiness directive (AD), 1 helicopter and four other accidents approximately 8 work hours per Amendment 39–11252, to read as involving helicopters of similar type helicopter to accomplish the initial follows: design. The actions specified by this AD inspection and 0.5 work hour to are intended to prevent failure of the fin accomplish each repetitive inspection. AD 99–17–03 Bell Helicopter Textron, Inc.: Amendment 39–11252. Docket No. 98– spar, loss of the tail rotor, and Replacing the fin spar will take approximately 150 work hours. The SW–73–AD. Supersedes AD 97–18–11, subsequent loss of control of the Amendment 39–10520, Docket No. 97– helicopter. average labor rate is $60 per work hour. SW–32–AD. The manufacturer has stated that parts DATES: Effective September 16, 1999. Applicability: Model 204B helicopters with The incorporation by reference of will be provided at no cost. Based on vertical fin spar (fin spar), part number (P/ certain publications listed in the these figures, the total cost impact of the N) 205–030–899–001, –089, P/N 205–030– regulations is approved by the Director proposed AD on U.S. operators is 846–001, –003, –047, –049, or P/N 204–030– of the Federal Register as of September estimated to be $76,500 for the initial 825–063, –065, installed, and Model 205A 16, 1999. inspection and one repetitive and 205A–1 helicopters, with fin spar, P/N inspection, and $1,350,000 to replace 205–030–899–101, P/N 205–030–846–087, ADDRESSES: The service information the fin spars on the entire fleet. –089, or P/N 205–032–851–003, –007, –009, referenced in this AD may be obtained The regulations adopted herein will installed, certificated in any category. from Bell Helicopter Textron, Inc., P.O. not have substantial direct effects on the Note 1: This AD applies to each helicopter Box 482, Fort Worth, Texas 76101, States, on the relationship between the identified in the preceding applicability telephone (817) 280–3391, fax (817) national government and the States, or provision, regardless of whether it has been otherwise modified, altered, or repaired in 280–6466. This information may be on the distribution of power and examined at the FAA, Office of the the area subject to the requirements of this responsibilities among the various AD. For helicopters that have been modified, Regional Counsel, Southwest Region, levels of government. Therefore, in 2601 Meacham Blvd., Room 663, Fort altered, or repaired so that the performance accordance with Executive Order 12612, of the requirements of this AD is affected, the Worth, Texas; or at the Office of the it is determined that this final rule does owner/operator must request approval for an Federal Register, 800 North Capitol not have sufficient federalism alternative method of compliance in Street, NW., suite 700, Washington, DC. implications to warrant the preparation accordance with paragraph (c) of this AD. FOR FURTHER INFORMATION CONTACT: of a Federalism Assessment. The request should include an assessment of Harry Edmiston, Aerospace Engineer, For the reasons discussed above, I the effect of the modification, alteration, or Rotorcraft Certification Office, certify that this action (1) is not a repair on the unsafe condition addressed by this AD; and, if the unsafe condition has not Rotorcraft Directorate, FAA, 2601 ‘‘significant regulatory action’’ under Meacham Blvd., Fort Worth, Texas been eliminated, the request should include Executive Order 12866; (2) is not a specific proposed actions to address it. 76137, telephone (817) 222–5158, fax ‘‘significant rule’’ under DOT (817) 222–5783. Compliance: Required as indicated, unless Regulatory Policies and Procedures (44 accomplished previously. SUPPLEMENTARY INFORMATION: A FR 11034, February 26, 1979); and (3) To prevent failure of the fin spar, loss of proposal to amend part 39 of the Federal will not have a significant economic the tail rotor, and subsequent loss of control Aviation Regulations (14 CFR part 39) impact, positive or negative, on a of the helicopter, accomplish the following:

VerDate 18-JUN-99 15:56 Aug 11, 1999 Jkt 183247 PO 00000 Frm 00009 Fmt 4700 Sfmt 4703 E:\FR\FM\12AUR1.XXX pfrm07 PsN: 12AUR1 43906 Federal Register / Vol. 64, No. 155 / Thursday, August 12, 1999 / Rules and Regulations

(a) For Model 204B helicopters: (iv) Accomplish Part I (C1), paragraphs 3, edge distance less than 1.5 times the (1) Within 8 hours time-in-service (TIS), 4, and 6 of BHTI ASB 204B–98–50, dated diameter of the drill or reamed hole must modify the vertical fin and visually inspect October 22, 1998. have FAA approval of the reworked area the fin spar for cracks in accordance with (v) If a crack is discovered on the spar, before proceeding. Part I (A1), paragraphs 1 through 5 of Bell replace the fin spar assembly with an (iv) Fasten the forward left-hand fin skin Helicopter Textron (BHTI) Alert Service airworthy fin spar assembly before further and the retainer, P/N 205–032–851–045, to Bulletin (ASB) 204B–98–50, dated October flight. Repair any corrosion or disbonding the fin spar assembly using Hi-Loks and 22, 1998. discovered during the inspection before blind rivets as specified in Figure 2 of BHTI (i) If a crack is discovered on the spar, further flight. ASB 205–98–71, Revision A, dated replace the fin spar assembly with an (vi) Accomplish Part I (C1), paragraphs 10 September 21, 1998. Reinstall clip and radius airworthy fin spar assembly before further through 14 of BHTI ASB 204B–98–50, dated block (if existing) removed in paragraph 2 of flight. Repair any corrosion or disbonding October 22, 1998. Part 1 (A1) of BHTI ASB 205–98–71, Revision discovered during the inspection before (4) After the initial modification and dye- A, dated September 21, 1998. further flight. penetrant inspection of the fin spar, (v) Refinish the reworked area. (ii) After inspection, apply MIL–PRF– thereafter at intervals not to exceed 300 hours (2) After initial modification and 81352 TYI clear lacquer or equivalent to the TIS, inspect the fin spar as follows: inspection of the vertical fin, thereafter, inside of the two lower rivet holes and on the (i) Accomplish Part I (C2), paragraphs 1, 2, inspect the fin spar for cracks at intervals not surface where paint and primer were 3, 4, 5, and 7 of BHTI ASB 204B–98–50, to exceed 8 hours TIS as follows: removed. Spray, brush, or wipe on a dated October 22, 1998. (i) Accomplish Part I (A2), paragraphs 1 protective coat of MIL–C–16173, Grade 2, or (ii) If a crack is discovered on the spar, through 3 of BHTI ASB 205–98–71, Revision replace the fin spar assembly with an equivalent, over the clear lacquer. To A, dated September 21, 1998. airworthy fin spar assembly before further (ii) If a crack is discovered on the spar, facilitate subsequent inspections, do not flight. Repair any corrosion or disbonding replace the fin spar assembly with an replace the two lower rivets. See Figure 2 of discovered during the inspection before airworthy fin spar assembly before further BHTI ASB 204B–98–50, dated October 22, further flight. flight. Repair any corrosion or disbonding 1998. (iii) Accomplish Part I (C2), paragraphs 11 discovered during the inspection before Note 2: BHTI–MED–SRM–1, pages 3–36 through 14 of BHTI ASB 204B–98–50, dated further flight. through 3–38, pertain to the installation of October 22, 1998. (iii) After inspection, accomplish Part I Hi-Loks. (5) Within 25 hours TIS, and thereafter at (A2), paragraphs 5 and 6, of BHTI ASB 205– (iii) Before drilling or reaming, inspect all intervals not to exceed 300 hours TIS, inspect 98–71, Revision A, dated September 21, holes in the spar cap where rivets were the fin spar as follows: 1998. removed for short edge distance. An existing (i) Accomplish Part I (B), paragraphs 1 (3) Within 25 hours TIS, modify and edge distance less than 1.5 times the through 13 of BHTI ASB 204B–98–50, dated inspect the vertical fin as follows: diameter of the drill or reamed hole must October 22, 1998. (i) Accomplish Part I (C1), paragraph 1 of have FAA approval of the reworked area (ii) Repair any disbonding discovered BHTI ASB 205–98–71, Revision A, dated before proceeding. during the inspection before further flight. September 21, 1998. (iv) Fasten the forward left-hand fin skin to (6) Within 12 calendar months, remove fin (ii) Remove the clip, P/N 212–030–099– the spar assembly using Hi-Loks and blind spar P/N 205–030–899–001, or –089, or P/N 091, and radius block, P/N 212–030–099– rivets as specified in Figure 2 of BHTI ASB 205–030–846–001, –003, –047, or –049, or P/ 095, if present. Remove the retainer, P/N 204B–98–50, dated October 22, 1998. N 204–030–825–063, or –065. Replace it with 205–032–851–045, and sufficient rivets from (v) Refinish the reworked area. an airworthy fin spar configuration that has the bottom row of the forward left-hand fin (2) After initial modification and been demonstrated to the FAA to satisfy the skin to allow trimming of the forward left- inspection of the fin, thereafter inspect the structural fatigue requirements of repeated hand fin skin along the ‘‘skin cutline’’, at fin spar for cracks at intervals not to exceed high torque events and is approved by the approximately Fin Station 66.31 (see Figure 8 hours TIS as follows: Manager, Rotorcraft Standards Staff. 2 of BHTI ASB 205–98–71, Revision A, dated (i) Accomplish Part I (A2), paragraphs 1 (7) Installation of a replacement fin spar September 21, 1998). through 3 of BHTI ASB 204B–98–50, dated approved by the Manger, Rotorcraft (iii) Before drilling or reaming, inspect all October 22, 1998. Standards Staff, constitutes a terminating holes in the spar cap where rivets were (ii) If a crack is discovered on the spar, action for the requirements of this AD. removed for short edge distance. An existing replace the fin spar assembly with an (b) For Model 205A and 205A–1 edge distance less than 1.5 times the airworthy fin spar assembly before further helicopters: diameter of the drill or reamed hole must flight. Repair any corrosion or disbonding (1) Within 8 hours TIS, modify the vertical have FAA approval of the reworked area discovered during the inspection before fin and visually inspect the fin spar for before proceeding. further flight. cracks in accordance with Part I (A1), (iv) Accomplish Part I (C1), paragraphs 3, (iii) After inspection, accomplish Part I paragraphs 1 through 5 of BHTI ASB 205–98– 4, and 6 in BHTI ASB 205–98–71, Revision (A2), paragraphs 5 and 6 of BHTI ASB 204B– 71, Revision A, dated September 21, 1998. A, dated September 21, 1998. 98–50, dated October 22, 1998. (i) If a crack is discovered on the spar, (v) If a crack is discovered on the spar, (3) Within 25 hours TIS, modify and replace the fin spar assembly with an replace the fin spar assembly with an inspect the vertical fin as follows: airworthy fin spar assembly before further airworthy fin spar assembly before further (i) Accomplish Part I (C1), paragraph 1 of flight. Repair any corrosion or disbonding flight. Repair any corrosion or disbonding BHTI ASB 204B–98–50, dated October 22, discovered during the inspection before discovered during the inspection before 1998. further flight. further flight. (ii) Remove sufficient rivets from the (ii) After inspection, apply MIL–PRF– (vi) Accomplish Part I (C1) paragraphs 10 bottom row of the forward left-hand fin skin 81352 TYI clear lacquer or equivalent to the through 14 of BHTI ASB 205–98–71, to allow trimming of the forward left-hand inside of the two lower rivet holes and on the Revision A, dated September 21, 1998. fin skin along the ‘‘skin cutline’’, surface where paint and primer were (4) After the initial modification and dye- approximately fin station 64.31 (see Figure 2 removed. Spray, brush, or wipe on a penetrant inspection of the fin spar, of BHTI ASB 204B–98–50, dated October 22, protective coat of MIL–C–16173, Grade 2, or thereafter, at intervals not to exceed 300 1998). equivalent, over the clear lacquer. To hours TIS, inspect the fin spar as follows: (iii) Before drilling or reaming, inspect all facilitate subsequent inspections do not (i) Accomplish Part I (C2), paragraphs 1, 2, holes in the spar cap where rivets were replace the two lower rivets. See figure 2 of 3, 4, 5, and 7 of BHTI ASB 205–98–71, removed for short edge distance. An existing BHTI ASB 205–98–71, Revision A, dated Revision A, dated September 21, 1998. edge distance less than 1.5 times the September 21, 1998. (ii) If a crack is discovered on the spar, diameter of the drill or reamed hole must (iii) Before drilling or reaming, inspect all replace the fin spar assembly with an have FAA approval of the reworked area holes in the spar cap where rivets were airworthy fin spar assembly before further before proceeding. removed for short edge distance. An existing flight. Repair any corrosion or disbonding

VerDate 18-JUN-99 15:56 Aug 11, 1999 Jkt 183247 PO 00000 Frm 00010 Fmt 4700 Sfmt 4703 E:\FR\FM\12AUR1.XXX pfrm07 PsN: 12AUR1 Federal Register / Vol. 64, No. 155 / Thursday, August 12, 1999 / Rules and Regulations 43907 discovered during the inspection before Issued in Fort Worth, Texas, on August 4, decommissioned. The current airspace further flight. 1999. areas associated with Barbers Point NAS (iii) Accomplish Part I (C2), paragraphs 11 Henry A. Armstrong, are described in FAA Order 7400.9F, through 14 of ASB 205–98–71, Revision A, Manager, Rotorcraft Directorate, Aircraft Airspace Designations and Reporting dated September 21, 1998. Certification Service. Points, using the Barbers Point TACAN. (5) Within 25 hours TIS, and thereafter at [FR Doc. 99–20754 Filed 8–11–99; 8:45 am] The intent of this action is to change the intervals not to exceed 300 hours TIS inspect BILLING CODE 4910±13±P name of Barbers Point NAS and it’s the fin spar as follows: associated airspace areas to Kalaeloa (i) Accomplish Part I (B), paragraphs 1 Airport and revise the legal description through 13 of BHTI ASB 205–98–71, DEPARTMENT OF TRANSPORTATION of the related Class D, Class E2, and Revision A, dated September 21, 1998. Class E4 airspace areas by changing the (ii) Repair any disbonding discovered Federal Aviation Administration during the inspection before further flight. geographical reference point from the Barbers Point Tactical Air Navigation (6) Within 12 calendar months, remove fin 14 CFR Part 71 spar, P/N 205–030–899–001, or –089, or P/N (TACAN) to a new point of origin 205–030–846–087, or –089, or P/N 205–032– [Airspace Docket No. 99±A±AWP±11] without changing the dimensions of 851–003, –007, or –009. Replace it with an operating requirements of the existing airworthy fin spar configuration that has Airport Name Change and Revision of airspace. The transfer of ownership of been demonstrated to the FAA to satisfy the Legal Description of Class D, Class E2, the airport does not coincide with a structural fatigue requirements of repeated and Class E4 Airspace Areas; Barbers scheduled publication date for the high torque events and is approved by the Point, NAS, HI appropriate aeronautical charts. The Manager, Rotorcraft Standards Staff, or next Hawaiian Islands Visual Flight AGENCY: Federal Aviation replace it with fin spar assembly, P/N 205– Rules (VFR) Sectional Aeronautical Administration (FAA) DOT. 530–514–103, as specified in BHTI ASB 205– Chart will be published on November 4, 98–73, dated September 25, 1998. ACTION: Final rule. 1999 and will reflect these changes. (7) Installing fin spar, P/N 205–530–514– SUMMARY: This action changes the name Class D, Class E2, and Class E4 103, or a fin spar that has been approved by of Barbers Point NAS, HI, and it’s airspace areas are published the Manager, Rotorcraft Standards Staff, respectively in Paragraphs 5000, 6002, constitutes terminating action for the associated airspace areas to Kalaeola Airport and revises the legal and 6004 of FAA Order 7400.9F, requirements of this AD. Airspace Designations and Reporting (c) An alternative method of compliance or descriptions of the related Class D, Class E2, and Class E4 airspace areas by Points, dated September 20, 1998, and adjustment of the compliance time that effective September 16, 1998, through provides an acceptable level of safety may be changing the geographical reference September 15, 1999, which is used if approved by the Manager, FAA, point from the Barbers Point Tactical Rotorcraft Directorate, Rotorcraft Certification Air Navigation (TACAN) to a new point incorporated by reference in 14 CFR Office. Operators shall submit their requests of origin. The U.S. Navy has 71.1. The airspace designations listed in through a FAA Principal Maintenance decommissioned the Barbers Point this document would be published Inspector, who may concur or comment and TACAN. The current airspace areas subsequently in this Order. then send it to the Manager, Rotorcraft associated with Barbers Point NAS are The Rule Certification Office. described in FAA Order 7400.9F, This amendment to 14 CFR part 71 of Note 3: Information concerning the Airspace Designations and Reporting the Federal Aviation Regulations existence of approved alternative methods of Points, using the Barbers Point TACAN. compliance with this AD, if any, may be changes the name of Barbers Point NAS The airport name change and and it’s associated airspace areas to obtained from the Rotorcraft Certification decommissioning of the TACAN have Office. Kalaeloa Airport and revises the legal made this action necessary. description of the related Class D, Class (d) Special flight permits may be issued in EFFECTIVE DATE: 0901 UTC, September E2, and Class E4 airspace areas by accordance with sections 21.197 and 21.199 13, 1999. of the Federal Aviation Regulations (14 CFR changing the geographical reference 21.197 and 21.199) to operate the helicopter FOR FURTHER INFORMATION CONTACT: point from the Barbers Point Tactical to a location where the requirements of this Debra Trindle, Airspace Specialist, Air Navigation (TACAN) to a new point AD can be accomplished. Airspace Branch, AWP–520.10, Air of origin without changing the (e) The inspections and modifications shall Traffic Division, Western-Pacific dimensions or operating requirements of be done in accordance with Bell Helicopter Region, Federal Aviation the existing airspace. Textron, Inc. Alert Service Bulletin 204B–98– Administration, 15000 Aviation The FAA has determined that this 50, dated October 22, 1998; 205–98–71, Boulevard, Lawndale, California 90261, regulation only involves an established Revision A, dated September 21, 1998; or telephone (310) 725–6613. body of technical regulations for which 205–98–73, dated September 25, 1998, as SUPPLEMENTARY INFORMATION: frequent and routine amendments are applicable. These incorporations by reference necessary to keep them operationally were approved by the Director of the Federal History current. Therefore, this regulation—(1) Register in accordance with 5 U.S.C. 552(a) Under federal mandates of the Base Is not a ‘‘significant regulatory action’’ and 1 CFR part 51. Copies may be obtained Realignment and Closure (BRAC) Act, under Executive Order 12866; (2) is not from Bell Helicopter Textron, Inc., P.O. Box the United States Navy vacated Barbers a ‘‘significant rule’’ under DOT 482, Fort Worth, Texas 76101, telephone Point NAS on July 1, 1999. Effective at Regulatory Policies and Procedures (44 (817) 280–3391, fax (817) 280–6466. Copies may be inspected at the FAA, Office of the 2200 Coordinated Universal Time on FR 11034; February 26, 1979); and (3) Regional Counsel, Southwest Region, 2601 July 2, 1999, ownership of the airport does not warrant preparation of a Meacham Blvd., Room 663, Fort Worth, was transferred to the State of Hawaii Regulatory Evaluation as the anticipated Texas; or at the Office of the Federal Register, and the name changed to Kalaeloa impact is so minimal. Since this is a 800 North Capitol Street, NW., suite 700, Airport. In conjunction with the Navy’s routine mater that will only affect air Washington, DC. departure, the existing military TACAN traffic procedures and air navigation, it (f) This amendment becomes effective on and Instrument Approach Procedures to is certified that this rule will not have September 16, 1999. Barbers Point NAS were a significant economic impact on a

VerDate 18-JUN-99 15:56 Aug 11, 1999 Jkt 183247 PO 00000 Frm 00011 Fmt 4700 Sfmt 4700 E:\FR\FM\12AUR1.XXX pfrm07 PsN: 12AUR1 43908 Federal Register / Vol. 64, No. 155 / Thursday, August 12, 1999 / Rules and Regulations substantial number of small entities Honolulu, HI, Class B airspace area. This (HFA–305), Food and Drug under the criteria of the Regulatory Class E airspace area is effective during the Administration, 5630 Fishers Lane, rm. Flexibility Act. specific dates and times established in 1061, Rockville, MD 20852. advance by a Notice to Airmen. The effective FOR FURTHER INFORMATION CONTACT: List of Subjects in 14 CFR Part 71 date and time will thereafter be continuously published in the Airport/Facility Directory. Blondell Anderson, Center for Food Airspace, Incorporation by reference, Safety and Applied Nutrition (HFS– * * * * * Navigation (air). 206), Food and Drug Administration, Adoption of the Amendment Paragraph 6004 Class E airspace areas 200 C St. SW., Washington, DC 20204, designated as an extension to a Class D 202–418–3106. surface area. In consideration of the foregoing, the SUPPLEMENTARY INFORMATION: Federal Aviation Administration * * * * * amends 14 CFR part 71 as follows: I. Introduction AWP HI E4 Barbers Point NAS, HI In a notice published in the Federal PART 71ÐDESIGNATION OF CLASS A, [Removed] * * * * * Register on January 11, 1999 (64 FR CLASS B, CLASS C, CLASS D AND 1634), FDA announced that a food CLASS E AIRSPACE AREAS; AWP HI E4 Kalaeloa Airport, Kapeloi, HI additive petition (FAP 8A4624) had AIRWAYS; ROUTES; AND REPORTING [New] been filed by McNeil Specialty POINTS Kalaeloa Airport, HI Products, Co., 501 George St., New ° ′ ′′ ° ′ ′′ 1. The authority citation for 14 CFR (Lat. 21 18 21 N, long. 158 04 20 W) Brunswick, NJ 08903–2400. The petition Point of Origin proposed that the food additive part 71 continues to read as follows: ° ′ ′′ ° ′ ′′ (Lat. 21 18 21 N, long. 158 03 54 W) regulations be amended at § 172.831 (21 Authority: 49 U.S.C. 106(g), 40103, 40113, That airspace extending upward from the CFR 172.831) to expand the permitted ° 40120; E.O. 10854, 24 FR 9565, 3 CFR 1959– surface within 3 miles each side of the 242 uses of sucralose to allow for use as a 1963 Comp., p. 389. bearing from the Point of Origin, extending general purpose sweetener in food. FDA from the 4.3 mile radius of Kalaeloa Airport § 71.1 [Amended] to 8.5 miles west of the Point of Origin and previously approved sucralose for use in 2. The incorporation by reference in within 1.8 miles each side of the 289° bearing 15 food categories under § 172.831 (64 14 CFR 71.1 of the Federal Aviation from the Point of Origin, extending from the FR 16417, April 3, 1998). Administration Order 7400.9F, Airspace 4.3 miles radius of the airport to 6.6 miles II. Identity Designations and Reporting Points, west of the Point of Origin, excluding the airspace within the Honolulu, HI, Class B Sucralose is a disaccharide that is dated September 10, 1998, and effective airspace area. made from sucrose in a five-step process September 16, 1998, is amended as Issued in Los Angeles, California, on July that selectively substitutes three atoms follows: 27, 1999. of chlorine for three hydroxyl groups in Paragraph 5000 Class D Airspace John Clancy, the sugar molecule. It is a free-flowing, * * * * * Manager, Air Traffic Division, Western-Pacific white crystalline solid, product at an Region. approximate purity of 98 percent, that is AWP HI D Barbers Point NAS, HI soluble in water and stable both in [Removed] [FR Doc. 99–20524 Filed 8–11–99; 8:45 am] BILLING CODE 4910±13±M crystalline form and in most aqueous * * * * * solutions. The sweetness intensity for AWP HI D Kalaeloa Airport, Kapeloi, HI— sucralose in 320 to 1,000 times that of [New] DEPARTMENT OF HEALTH AND sucrose, depending on the food Kalaeloa Airport, HI HUMAN SERVICES application. (Lat 21°18′21′′ N, long. 158°04′20′′ W) Hydrolysis of sucralose may occur That airspace extending upward from the Food and Drug Administration under conditions of prolonged storage at surface up to and including 2,500 feet MSL elevated temperatures in highly acidic within a 4.3 mile radius of Kalaeloa Airport, 21 CFR Part 172 aqueous food products. The hydrolysis excluding the airspace within the Honolulu, [Docket No. 99F±0001] products are the monosaccharides, 4- HI, Class B airspace area. This Class D chloro-4-deoxy-galactose (4-CG) and 1,6- airspace area is effective during the specific Food Additives Permitted for Direct dichloro-1,6-dideoxyfructose (1,6-DCF). dates and times established in advance by a Notice to Airmen. The effective date and time Addition to Food for Human III. Evaluation of Safety Consumption; Sucralose will thereafter be continuously published in In support of safety for the proposed the Airport/Facility Directory, Pacific Chart AGENCY: Food and Drug Administration, Supplement. expanded uses of sucralose, the HHS. petitioner referenced the toxicological * * * * * ACTION: Final rule. safety data base submitted in food Paragraph 6002 Class E airspace areas additive petition (FAP) 9A3987 that designated as a surface area for an airport SUMMARY: The Food and Drug established the safety of the currently * * * * * Administration (FDA) is amending the approved uses. Also referenced were the food additive regulations to provide for identity, manufacturing process, and AWP HI E2 Barbers Point NAS, HI the safe use of sucralose as a general [Removed] specifications for the sweetener. In the purpose sweetener for food. This action new petition (FAP 8A4624), the * * * * * is in response to a petition filed by petitioner submitted data concerning: AWP HI E2 Kalaeloa Airport, Kapeloi, HI McNeil Specialty Products Co. (1) Use and typical use levels; (2) self- [New] DATES: This regulation is effective limiting levels; (3) proof of technical Kalaeloa Airport, HI August 12, 1999; written objections and effect; (4) exposure; (5) stability; and (6) (Lat 21°18′21′′ N, long. 158°04′20′′ W) requests for a hearing by September 13, analysis in foods for both sucralose and That airspace extending upward from the 1999. its potential hydrolysis products. surface within a 4.3 mile radius of Kalaeloa ADDRESSES: Written objections may be In order to determine whether Airport, excluding the airspace within the sent to the Dockets Management Branch sucralose can be safety used as a general

VerDate 18-JUN-99 15:56 Aug 11, 1999 Jkt 183247 PO 00000 Frm 00012 Fmt 4700 Sfmt 4700 E:\FR\FM\12AUR1.XXX pfrm07 PsN: 12AUR1 Federal Register / Vol. 64, No. 155 / Thursday, August 12, 1999 / Rules and Regulations 43909 purpose sweetener, the agency action will not have a significant impact FDA, to Anderson, Regulatory Policy reevaluated the currently established on the human environment, and that an Branch, February 25, 1999. acceptable daily intake (ADI) for environmental impact statement is not 3. Memorandum from DiNovi, sucralose, 5 milligrams per kilogram required. The agency’s finding of no Division Product Manufacture and Use, body weight per day (mg/kg bw/d) (Ref. significant impact and the evidence FDA, to Anderson, Division of Product 1) and determined that this ADI is still supporting that finding, contained in an Policy, FDA, October 22, 1998. appropriate (Ref. 2). FDA also estimated environmental assessment, may be seen List of Subjects in 21 CFR Part 172 new daily intakes (EDI) for the 90th in the Dockets Management Branch percentile consumer of sucralose to (address above) between 9 a.m. and 4 Food additives, Reporting and include the expanded uses. The new p.m., Monday through Friday. recordkeeping requirements. EDI was derived from projections based VI. Paperwork Reduction Act 1995 Therefore, under the Federal Food, on the amount of sucralose that may be Drug, and Cosmetic Act and under used in the currently regulated food This final rule contains no collection authority delegated to the Commissioner categories, the proposed food categories, of information. Therefore, clearance by of Food and Drugs, 21 CFR part 172 is and on data regarding the consumption the Office of Management and Budget amended as follows: levels of these particular foods. Based under the Paperwork Reduction Act of upon the data in the petition and other 1995 is not required. PART 172ÐFOOD ADDITIVES information, the agency established a no PERMITTED FOR DIRECT ADDITION effect level (NOEL) for the hydrolysis VII. Objections TO FOOD FOR HUMAN products of sucralose at 30 mg/kg bw/ Any person who will be adversely CONSUMPTION d (Ref. 2). affected by this regulation may at any 1. The authority citation for 21 CFR To aid in the establishment of new time on or before September 13, 1999, part 172 continues to read as follows: exposure estimates for sucralose and its file with the Dockets Management hydrolysis products, the petitioner Branch (address above) written Authority: 21 U.S.C. 321, 341, 342, 348, submitted a Market Research objections thereto. Each objection shall 371, 379e. Corporation of America (MRCA) report be separately numbered, and each 2. Section 172.831 is amended by that addresses foods in which sucralose numbered objection shall specify with removing the introductory paragraph may be used and an updated report on particularly the provisions of the and by revising paragraph (c) to read as the potential exposure for the hydrolysis regulation to which objection is made follows: products. From this information, the and the grounds for the objection. Each agency has determined that based on the numbered objection on which a hearing § 172.831 Sucralose. expanded uses, the cumulative exposure is requested shall specifically so state. * * * * * to sucralose could increase to 2.4 mg/kg Failure to request a hearing for any (c)The additive may be used as a bw/d and the cumulative exposure to its particular objection shall constitute a sweetener in foods generally, in hydrolysis products to 0.007 mg/kg bw/ waiver of the right to a hearing on that accordance with current good d (Ref. 3). The agency concludes: objection. Each numbered objection for manufacturing practice in an amount Exposure to sucralose will remain below which a hearing is requested shall not to exceed that reasonably required the previously established ADI of 5.0 include a detailed description and to accomplish the intended effect. mg/kg bw/d for sucralose, and exposure analysis of the specific factual * * * * * to the hydrolysis products will remain information intended to be presented in Dated: August 5, 1999. far below the no effect level of 30 mg/ support of the objection in the event Margaret M. Dotzel, kg bw/d (Refs. 2 and 3). that hearing is held. Failure to include Acting Associate Commissioner for Policy. IV. Conclusions such a description and analysis for any [FR Doc. 99–20888 Filed 8–11–99; 8:45 am] particular objection shall constitute a From the review of all the information BILLING CODE 4160±01±F waiver of the right to a hearing on the available on sucralose and its hydrolysis objection. Three copies of all documents products, the agency concludes that shall be submitted and shall be sucralose may be safely used as a DEPARTMENT OF HEALTH AND identified with the docket number sweetener in food generally (Refs. 2 and HUMAN SERVICES found in brackets in the heading of this 3). In accordance with § 171.1(h) (21 CFR document. Any objections received in Food and Drug Administration response to the regulation may be seen 171.1(h)), the petition and the 21 CFR Part 558 documents that FDA considered and in the Dockets Management Branch relied upon in reaching its decision to between 9 a.m. and 4 p.m., Monday through Friday. New Animal Drugs for Use in Animal approve the petition are available for Feeds; Sulfadimethoxine, Ormetoprim inspection at the Center for Food Safety VIII. References and Applied Nutrition by appointment AGENCY: Food and Drug Administration, with the information contact person The following references have been HHS. placed on display in the Dockets listed above. As provided in § 171.1(h), ACTION: Final rule. the agency will delete from the Management Branch (address above) documents any materials that are not and may be seen by interested persons SUMMARY: The Food and Drug available for public disclosure before between 9 a.m. and 4 p.m., Monday Administration (FDA) is amending the making the documents available for through Friday. new animal drug regulations to reflect inspection. 1. Addendum memorandum from approval of a supplemental new animal Whiteside, Scientific Support Branch, drug application (NADA) filed by Roche V. Environmental FDA, to Anderson, Novel Ingredients Vitamins, Inc. The supplemental NADA The agency has carefully considered Branch, FDA, November 13, 1997. provides for a change in the name of a the potential environmental effects of 2. Memorandum from Whiteside, duck pathogen. Infections of the this action. FDA has concluded that the Division of Health Effects Evaluation, pathogen are controlled by use of

VerDate 18-JUN-99 15:56 Aug 11, 1999 Jkt 183247 PO 00000 Frm 00013 Fmt 4700 Sfmt 4702 E:\FR\FM\12AUR1.XXX pfrm07 PsN: 12AUR1 43910 Federal Register / Vol. 64, No. 155 / Thursday, August 12, 1999 / Rules and Regulations sulfadimethoxine/ormetoprim Type C Reference their SSN. The text of the temporary medicated feed. The following reference has been regulations also serves as the text of the EFFECTIVE DATE: August 12, 1999. placed on display in the Dockets proposed regulations set forth in the FOR FURTHER INFORMATION CONTACT: Management Branch (address above) notice of proposed rulemaking on this Naba K. Das, Center for Veterinary and may be seen by interested persons subject in the Proposed Rules section in Medicine (HFV–130), Food and Drug between 9 a.m. and 4 p.m., Monday this issue of the Federal Register. Administration, 7500 Standish Pl., through Friday. DATES: Effective Date: These regulations Rockville, MD 20855, 301–827–7569. 1. International Journal of Systematic are effective August 12, 1999. SUPPLEMENTARY INFORMATION: Roche Bacteriology, p. 768–776, October, 1993. Applicability Date: For dates of applicability of these regulation, see Vitamins, Inc., 45 Waterview Blvd., List of Subjects in 21 CFR Part 558 Parsippany, NJ 07054–1298, filed a §§ 1.6109–2(d) and 1.609–2T(d). supplement to NADA 40–209 that Animal drugs, Animal feeds. FOR FURTHER INFORMATION CONTACT: provides for use of Rofenaid 40 (113.5 Therefore, under the Federal Food, Andrew J. Keyso, (202) 622–4910 (not a grams per pound (g/lb) Drug, and Cosmetic Act and under the toll-free call). authority delegated to the Commissioner sulfadimethoxine with 68 g/lb SUPPLEMENTARY INFORMATION: ormetoprim) to make Type C medicated of Food and Drugs and redelegated to duck feeds containing 454 g per ton (/ the Center for Veterinary Medicine, 21 Background t) sulfadimethoxine with 272.4 g/t CFR part 558 is amended as follows: Section 6109(a)(4) of the Internal ormetoprim. The Type C medicated PART 558ÐNEW ANIMAL DRUGS FOR Revenue Code provides that any return feeds are used as an aid in the control USE IN ANIMAL FEEDS or claim for refund prepared by an of bacterial infections in ducks. The income tax return preparer must bear supplement provides for a change of 1. The authority citation for 21 CFR the identifying number of the preparer nomenclature of one pathogen from part 558 continues to read as follows: as required by regulations prescribed by Pasteurella anatipestifer to Riemerella Authority: 21 U.S.C. 360b, 371. the Secretary. Prior to its amendment by anatipestifer based on the results of the Internal Revenue Service studies obtained from DNA-rRNA § 558.575 [Amended] Restructuring and Reform Act of 1998 hybridization analyses and 2. Section 558.575 is amended in (Public Law 105–206, 112 Stat. 685 determinations of DNA ratios and from paragraph (d)(4)(ii)(a) by removing the (RRA ’98)), section 6109(a) provided analyses of protein and fatty acids. first ‘‘P.’’ and adding in its place that the identifying number of an According to the published report (Ref. ‘‘Riemerella’’. individual preparer was that preparer’s 1), the causative agent of the disease social security number (SSN). Dated: August 2, 1999 known as ‘‘septicemia anserum Section 3710 of RRA ’98 amended exsudativa’’ constitutes a separate taxon Clair M. Lathers, section 6109(a) by removing the within the Flavobacterium-Cytophaga Director, Office of New Animal Drug requirement that an individual rRNA homology cluster and is named R. Evaluation, Center for Veterinary Medicine preparer’s identifying number be the anatipestifer. This organism is [FR Doc. 99–20844 Filed 8–11–99; 8:45 am] preparer’s SSN. Instead, the Secretary distributed world wide and causes BILLING CODE 4160±01±F may prescribe alternatives to the SSN septicemia in ducks, geese, and turkeys. for purposes of identifying individual The supplemental NADA was approved preparers. as of June 15, 1999, and the regulations DEPARTMENT OF THE TREASURY Explanation of Provisions are amended in 21 CFR 558.575 (d)(4)(ii)(a) to reflect the change in Internal Revenue Service On December 21, 1998, the IRS nomenclature. published Notice 98–63, 1998–51 IRB In accordance with the freedom of 26 CFR Part 1 15, to inform preparers of the IRS’s information provisions of 21 CFR part [TS 8835] intention to develop a system of 20 and 514.11(e)(2)(ii), a copy of the alternative identifying numbers. This RIN 1545±AX27 information submitted to support document contains amendments to the approval of this supplemental Furnishing Identifying Number of Income Tax Regulations (26 CFR part 1) application may be seen in the Dockets Income Tax Return Preparer to allow individual preparers to either Management Branch (HFA–305), Food use their SSN or elect an alternative and Drug Administration, 5630 Fishers AGENCY: Internal Revenue Service (IRS), identifying number for purposes of Lane, rm. 1061, Rockville, MD 20852, Treasury. identifying themselves on returns they between 9 a.m. and 4 p.m., Monday ACTION: Temporary and final prepare. The IRS will develop a form on through Friday. regulations. which preparers may apply for an FDA has determined under 21 CFR alternative identifying number. 25.33(a)(1) that this action is of a type SUMMARY: This document contains that does not individually or temporary and final regulations that Special Analyses cumulatively have a significant effect on allow income tax return preparers to It has been determined that this the human environment. Therefore, elect an alternative to their social Treasury decision is not a significant neither an environmental assessment security number (SSN) for purposes of regulatory action as defined in nor an environmental impact statement identifying themselves on returns they Executive Order 12866. Therefore, a is required. prepare. The regulations are needed to regulatory assessment is not required. It This rule does not meet the definition implement changes made to the also has been determined that section of ‘‘rule’’ in 5 U.S.C. 804(3)(A) because applicable law by the Internal Revenue 553(b) of the Administrative Procedure it is a rule of ‘‘particular applicability.’’ Service Restructuring and Reform Act of Act (5 U.S.C. chapter 5) does not apply Therefore, it is not subject to the 1998. The regulations affect individual to these regulations, and because these congressional review requirements in 5 preparers who elect to identify regulations do not impose a collection U.S.C. 801–808. themselves using a number other than of information on small entities, the

VerDate 18-JUN-99 15:56 Aug 11, 1999 Jkt 183247 PO 00000 Frm 00014 Fmt 4700 Sfmt 4700 E:\FR\FM\12AUR1.XXX pfrm07 PsN: 12AUR1 Federal Register / Vol. 64, No. 155 / Thursday, August 12, 1999 / Rules and Regulations 43911

Regulatory Flexibility Act (5 U.S.C. § 1.6109±2T Furnishing identifying number SUMMARY: The Office of Surface Mining chapter 6) does not apply. For the of income tax return preparer (temporary). Reclamation and Enforcement (OSM) is applicability of the Regulatory (a) Furnishing identifying number. (1) approving an amendment to the Indiana flexibility Act (5 U.S.C. chapter 6) refer Each return of tax, or claim for refund regulatory program (Indiana program) to the Special Analyses section of the of tax, under subtitle A of the Internal under the Surface Mining Control and preamble of the cross-reference notice of Revenue Code prepared by one or more Reclamation Act of 1977 (SMCRA). The proposed rulemaking published in the income tax return preparers must Indiana Department of Natural Proposed Rules section in this issue of include the identifying number of the Resources (IDNR) proposed revisions to the Federal Register. Pursuant to preparer required by § 1.6695–1(b) to the Indiana program rules pertaining to section 7805(f) of the Internal Revenue sign the return or claim for refund. In permitting, collateral bonds, Code, these regulations will be addition, if there is a partnership or performance bond release, and citizen’s submitted to the Chief Counsel for employment arrangement between two request for state inspection. The Advocacy of the Small Business or more preparers, the identifying revisions mainly relate to the public Administration for comment on their number of the partnership or employer participation and administrative impact on small business. must also appear on the return or claim requirements of these rules. Indiana for refund. For the definition of the term intends to revise its program to be Drafting Information income tax return preparer (or preparer) consistent with the corresponding The principal author of these see section 7701(a)(36) and § 301.7701– Federal regulations. 15 of this chapter. regulations is Andrew J. Keyso, Office of EFFECTIVE DATE: August 12, 1999. Assistant Chief Counsel (Income Tax & (2) The identifying number of a FOR FURTHER INFORMATION CONTACT: Accounting). However, other personnel preparer who is an individual (not from the IRS and Treasury Department described in paragraph (a)(3) of this Andrew R. Gilmore, Director, participated in their development. section) is that individual’s social Indianapolis Field Office, Office of security account number, or such Surface Mining, Minton-Capehart List of Subjects in 26 CFR Part 1 alternative number as may be prescribed Federal Building, 575 North Income taxes, Reporting and by the Internal Revenue Service in Pennsylvania Street, Room 301, recordkeeping requirements. forms, instructions, or other appropriate Indianapolis, Indiana 46204–1521. guidance. Telephone (317) 226–6700. Internet: Adoption of Amendments to the (3) The identifying number of a [email protected]. Regulations preparer (whether an individual, SUPPLEMENTARY INFORMATION: Accordingly, 26 CFR part 1 is corporation, or partnership) who I. Background on the Indiana Program amended as follows: employs or engages one or more persons II. Submission of the Proposed Amendment to prepare the return or claim for refund III. Director’s Findings PART 1ÐINCOME TAXES (other than for the preparer) is that IV. Summary and Disposition of Comments Paragraph 1. The authority citation preparer’s employer identification V. Director’s Decision VI. Procedural Determinations for part 1 continues to read in part as number. (b) and (c) [Reserved]. For further follows: I. Background on the Indiana Program guidance, see § 1.6109–2(b) and (c). Authority: 26 U.S.C. 7805 * * * (d) Effective date. Paragraph (a) of this On July 29, 1982, the Secretary of the Par. 2. Section 1,6109–2 is amended section and this paragraph (d) apply to Interior conditionally approved the by: returns or claims for refund filed after Indiana program. You can find 1. Revising the first sentence of December 31, 1999. For returns or background information on the Indiana paragraph (a) introductory text; claims for refund filed prior to January program, including the Secretary’s 2. Adding paragraph (d). 1, 2000, see § 1.6109–2(a). findings, the disposition of comments, The revision and addition read as Approved: August 3, 1999. and the conditions of approval in the follows: Robert E. Wenzel, July 26, 1982, Federal Register (47 FR 32107). You can find later actions on the Deputy Commissioner of Internal Revenue. § 1.6109±2 Furnishing identifying number Indiana program at 30 CFR 914.10, of income tax return preparer. Donald C. Lubick, 914.15, 914.16, and 914.17. (a) Furnishing identifying number. For Assistant Secretary of the Treasury. II. Submission of the Proposed returns or claims for refund filed prior [FR Doc. 99–20485 Filed 8–11–99; 8:45 am] Amendment to January 1, 2000, each return of tax BILLING CODE 4830±01±M under subtitle A of the Internal Revenue By letter dated May 7, 1999 Code or claim for refund of tax under (Administrative Record No. IND–1647), subtitle A of the Internal Revenue Code DEPARTMENT OF THE INTERIOR the IDNR sent us an amendment to the prepared by one or more income tax Indiana program under SMCRA. The return preparers must bear the Office of Surface Mining Reclamation IDNR sent the amendment at its own identifying number of the preparer and Enforcement initiative. The IDNR proposed to amend required by § 1.6695–1(b) to sign the the Indiana Administrative Code (IAC) return or claim for refund. * ** 30 CFR Part 914 at 310 IAC 12–3, 12–4, and 12–6 * * * * * [SPATS No. IN±129±FOR; State Program regarding permit applications, collateral (d) Effective date. Paragraph (a) of this Amendment No. 98±2] bonds, performance bond release, and section and this paragraph (d) apply to citizen’s request for state inspection. returns or claims for refund filed prior Indiana Regulatory Program We announced receipt of the to January 1, 2000. For returns or claims AGENCY: Office of Surface Mining amendment in the May 20, 1999, for refund filed after December 31, 1999, Reclamation and Enforcement, Interior. Federal Register (64 FR 27484). In the see § 1.6109–2T(a). same document, we opened the public ACTION: Final rule; approval of Par. 3. Section 1.6109–2T is added to comment period and provided an amendment. read as follows: opportunity for a public hearing or

VerDate 18-JUN-99 15:56 Aug 11, 1999 Jkt 183247 PO 00000 Frm 00015 Fmt 4700 Sfmt 4700 E:\FR\FM\12AUR1.XXX pfrm07 PsN: 12AUR1 43912 Federal Register / Vol. 64, No. 155 / Thursday, August 12, 1999 / Rules and Regulations meeting on the adequacy of the III. Director’s Findings 1. Revisions to Indiana’s Rules That Are amendment. The public comment Minor period closed on June 21, 1999. Because Following, under SMCRA and the Federal regulations at 30 CFR 732.15 The IDNR proposed minor wording, no one requested a public hearing or editorial, punctuation, grammatical, and meeting, we did not hold one. and 732.17, are our findings concerning the amendment. recodification changes to the previously-approved State rules listed in the table below:

Topic State rule Federal regulation

Permit Approval or Denial Actions ...... 310 IAC 12±3±114(b) ...... 30 CFR 773.15(a). Permit Approval or Denial Actions ...... 310 IAC 12±3±114(f) ...... 30 CFR 773.19(b)(2). Collateral Bonds ...... 310 IAC 12±4±12(b)(4), (b)(6)(A)(ii) ...... 30 CFR 800.21(b). Performance Bond Release ...... 310 IAC 12±4±16(a), (c) ...... 30 CFR 800.40(a), (c). Citizen's Request for State Inspections ...... 310 IAC 12±6±2(a), (b), (c) ...... 30 CFR 842.12(a), (c).

Because the proposed changes to the 2. Revisions to Indiana’s Rules That as or similar to the corresponding State rules listed above are minor, we Have the Same Meaning as the sections of the Federal regulations. find that they will not make the Indiana Corresponding Provisions of the Federal Differences between the State rules and rules less effective than the counterpart Regulations. the Federal regulations are minor. Federal regulations. The State rules listed in the table below contain language that is the same

Topic State rule Federal regulation

Permit Applications; Informal Conferences ...... 310 IAC 12±3±109(a) ...... 30 CFR 773.13(c)(1). Permit Applications; Informal Conferences ...... 310 IAC 12±3±109(b) ...... 30 CFR 773.13(c)(2). Permit Applications; Informal Conferences ...... 310 IAC 12±3±109(c) ...... 30 CFR 773.13(c)(3). Permit Applications; Informal Conferences ...... 310 IAC 12±3±109(d) ...... 30 CFR 773.13(c)(4). Permit Terms ...... 310 IAC 12±3±115(b) ...... 30 CFR 773.19(e). Collateral Bonds ...... 310 IAC 12±4±12(c) ...... 30 CFR 800.21(f). Performance Bond Release ...... 310 IAC 12±4±16(d) ...... 30 CFR 800.40(d). Citizen's Request for State Inspections ...... 310 IAC 12±6±2(e) ...... 30 CFR 842.12(b).

Because the above State rules have the actual or potential interest in the State Historical Preservation Officer same meaning as the corresponding Indiana program (Administrative Record (SHPO) and the Advisory Council on Federal regulations, we find that they No. IND–1648). By letter dated June 8, Historic Preservation (ACHP) are no less effective than the Federal 1999, the Mine Safety and Health Under 30 CFR 732.17(h)(4), we are regulations. Administration (MSHA) commented required to request comments from the that the proposed rules do not conflict 3. 310 IAC 12–3–114(e) Notification of SHPO and ACHP on amendments that with MSHA regulations (Administrative Permit Approval or Denial Actions may have an effect on historic Record No. IND–1655). The IDNR revised 310 IAC 12–3– properties. On May 13, 1999, we 114(e)(1) to require the director of IDNR Environmental Protection Agency (EPA) requested comments on Indiana’s to give a copy of the permit application amendment (Administrative Record No. decision to the local OSM office. This is Under 30 CFR 732.17(h)(11)(ii), we IND–1648), but neither responded to our consistent with the Federal regulation at are required to get a written agreement request. from the EPA for those provisions of the 30 CFR 773.19(b)(3) that requires a State V. Director’s Decision regulatory authority to issue written program amendment that relate to air or notification of the permit application water quality standards issued under Based on the above findings, we decision to the local OSM office. With the authority of the Clean Water Act (33 approve the amendment as sent to us by this revision, the Indiana rules at 310 U.S.C. 1251 et seq.) or the Clean Air Act Indiana on May 7, 1999. We approve the IAC 12–3–114(c) through (f) are no less (42 U.S.C. 7401 et seq.). However, none rules that Indiana proposed with the effective than the Federal regulation at of the revisions that Indiana proposed to provision that they be promulgated in 30 CFR 773.19(b). make in this amendment pertain to air identical form to the rules submitted to or water quality standards. Therefore, and reviewed by OSM and the public. IV. Summary and Disposition of we did not ask the EPA to agree on the Comments To implement this decision, we are amendment. amending the Federal regulations at 30 Public Comments Under 30 CFR 732.17(h)(11)(i), we CFR Part 914, which codify decisions OSM requested public comments on requested comments on the amendment concerning the Indiana program. We are the proposed amendment, but did not from the EPA (Administrative Record making this final rule effective receive any. No. IND–1648). By letter dated May 21, immediately to expedite the State 1999, the EPA commented that it had program amendment process and to Federal Agency Comments reviewed the proposed program encourage Indiana to bring its program Under 30 CFR 732.17(h)(11)(i), we amendment and had no comments to into conformity with the Federal requested comments on the amendment offer (Administrative Record No. IND– standards. SMCRA requires consistency from various Federal agencies with an 1651). of State and Federal standards.

VerDate 18-JUN-99 15:56 Aug 11, 1999 Jkt 183247 PO 00000 Frm 00016 Fmt 4700 Sfmt 4700 E:\FR\FM\12AUR1.XXX pfrm07 PsN: 12AUR1 Federal Register / Vol. 64, No. 155 / Thursday, August 12, 1999 / Rules and Regulations 43913

VI. Procedural Determinations section 702(d) of SMCRA (30 U.S.C. data and assumptions for the 1292(d)) provides that agency decisions corresponding Federal regulations. Executive Order 12866 on State regulatory program provisions Unfunded Mandates The Office of Management and Budget do not constitute major Federal actions (OMB) exempts this rule from review within the meaning of section 102(2)(C) OSM has determined and certifies under Executive Order 12866 of the National Environmental Policy under the Unfunded Mandates Reform (Regulatory Planning and Review). Act (42 U.S.C. 4332(2)(C)). Act (2 U.S.C. 1502 et seq.) that this rule Executive Order 12988 Paperwork Reduction Act will not impose a cost of $100 million or more in any given year on local, state, The Department of the Interior has This rule does not contain or tribal governments or private entities. conducted the reviews required by information collection requirements that section 3 of Executive Order 12988 List of Subjects in 30 CFR Part 914 require approval by OMB under the (Civil Justice Reform) and has Paperwork Reduction Act (44 U.S.C. determined that, to the extent allowed Intergovernmental relations, Surface by law, this rule meets the applicable 3507 et seq.). mining, Underground mining. standards of subsections (a) and (b) of Regulatory Flexibility Act Dated: July 28, 1999. that section. However, these standards Charles E. Sandberg, The Department of the Interior has are not applicable to the actual language Acting Regional Director, Mid-Continent of State regulatory programs and determined that this rule will not have Regional Coordinating Center. program amendments since each such a significant economic impact on a program is drafted and promulgated by substantial number of small entities For the reasons set out in the a specific State, not by OSM. Under under the Regulatory Flexibility Act (5 preamble, 30 CFR Part 914 is amended sections 503 and 505 of SMCRA (30 U.S.C. 601 et seq.). The State submittal as set forth below: which is the subject of this rule is based U.S.C. 1253 and 1255) and 30 CFR PART 914ÐINDIANA 730.11, 732.15, and 732.17(h)(10), upon corresponding Federal regulations decisions on State regulatory programs for which an economic analysis was 1. The authority citation for Part 914 and program amendments must be prepared and certification made that continues to read as follows: based solely on a determination of such regulations would not have a Authority: 30 U.S.C. 1201 et seq. whether the submittal is consistent with significant economic effect upon a SMCRA and its implementing Federal substantial number of small entities. 2. Section 914.15 is amended in the regulations and whether the other Therefore, this rule will ensure that table by adding a new entry in requirements of 30 CFR Parts 730, 731, existing requirements previously chronological order by ‘‘Date of final and 732 have been met. published by OSM will be implemented publication’’ to read as follows: by the State. In making the National Environmental Policy Act determination as to whether this rule § 914.15 Approval of Indiana regulatory This rule does not require an would have a significant economic program amendments. environmental impact statement since impact, the Department relied upon the * * * * *

Original amendment submission date Date of final publication Citation/description

******* May 7, 1999 ...... August 12, 1999 ...... 310 IAC 12±3±109(a) through (d); 12±3±114(b), (e), and (f); 12±3± 115(b); 12±4±12(b)(4), (b)(6)(A)(ii), and (c); 12±4±16(a), (c), and (d); 12±6±2(a), (b), (c), and (e).

[FR Doc. 99–20839 Filed 8–11–99; 8:45 am] regulatory program (Texas program) Field Office, Office of Surface Mining, BILLING CODE 4310±05±P under the Surface Mining Control and 5100 East Skelly Drive, Suite 470, Tulsa, Reclamation Act of 1977 (SMCRA). The Oklahoma 74135–6548. Telephone: amendment concerns revegetation (918) 581–6430. Internet: DEPARTMENT OF THE INTERIOR success and normal husbandry practice [email protected]. guidelines. Texas is adding these SUPPLEMENTARY INFORMATION: Office of Surface Mining Reclamation guidelines to ensure consistency with and Enforcement I. Background on the Texas Program the corresponding Federal regulations; II. Submission of the Proposed Amendment to ensure that adequate data collection 30 CFR Part 943 III. Director’s Findings methods are used for determining IV. Summary and Disposition of Comments [SPATS No. TX±041±FOR] revegetation success for purposes of V. Director’s Decision releasing reclamation performance VI. Procedural Determinations Texas Regulatory Program bonds; and to ensure that the husbandry I. Background on the Texas Program practices used by the permittee during AGENCY: Office of Surface Mining the period of responsibility for On February 16, 1980, the Secretary of Reclamation and Enforcement, Interior. revegetation success and bond liability the Interior conditionally approved the ACTION: Final rule; approval of are normal husbandry practices within Texas program. You can find amendment. the region for unmined lands. background information on the Texas program, including the Secretary’s SUMMARY: The Office of Surface Mining EFFECTIVE DATE: August 12, 1999. findings, the disposition of comments, Reclamation and Enforcement (OSM) is FOR FURTHER INFORMATION CONTACT: and the conditions of approval in the approving an amendment to the Texas Michael C. Wolfrom, Director, Tulsa February 27, 1980, Federal Register (45

VerDate 18-JUN-99 15:56 Aug 11, 1999 Jkt 183247 PO 00000 Frm 00017 Fmt 4700 Sfmt 4700 E:\FR\FM\12AUR1.XXX pfrm07 PsN: 12AUR1 43914 Federal Register / Vol. 64, No. 155 / Thursday, August 12, 1999 / Rules and Regulations

FR 12998). You can find later actions III. Director’s Findings 1. Section I. Introduction. The concerning the Texas program at 30 CFR Following, under SMCRA and the introductory section provides the scope, 943.10, 943.15, and 943.16. Federal regulations at 30 CFR 732.15 purpose, and applicability of the revegetation success guideline II. Submission of the Proposed and 732.17, are our findings concerning the amendment. document. Permittees must demonstrate Amendment revegetation success using the A. Procedures and Standards for By letter dated May 13, 1999 revegetation standards and statistically Determining Revegetation Success on (Administrative Record No. TX–649), valid sampling techniques for Surface-Mined Lands in Texas Texas sent us an amendment to its measuring success contained in the program under SMCRA. Texas sent the Texas submitted a guideline guidance document. Use of the methods amendment in response to our letters document that describes the procedures contained in this document will provide assurance that adequate data collection dated May 20, 1985, and February 21, and standards for determining methods have been used for 1990 (Administrative Record Nos. TX– revegetation success on reclaimed determining revegetation success for 358 and TX–476), that we sent to Texas surface mined lands in Texas. The purposes of releasing reclamation under 30 CFR 732.17(c). The Texas Coal Mining Regulations at 16 performance bond funds. Permittees amendment includes a guideline Texas Administrative Code (TAC) 12.395(a)(1) requires the Railroad may propose alternative procedures for document entitled ‘‘Procedures and sampling and analysis of vegetation Standards for Determining Revegetation Commission of Texas (Commission) to select standards for success and data. However, the Commission must Success on Surface-Mined Land in approve the use of alternative methods, Texas’’ that permittees are to use for statistically valid sampling techniques for measuring success. The Federal and the alternative methods must be sampling and analysis of vegetation included in the approved regulatory data. It also includes a guideline regulations at 30 CFR 816.116(a)(1) and 817.116(a)(1) require that each program. document entitled ‘‘Normal Husbandry regulatory authority select revegetation We find that Section I is not Practices for Surface-Mined Lands in success standards and statistically valid inconsistent with the requirements of Texas’’ that permittees are to use for sampling techniques for measuring the Federal regulations at 30 CFR identifying agricultural and success and include them in its 816.116 and 817.116, and we are management practices that will not approved regulatory program. The approving it. extend the period of responsibility for Federal regulations at 30 CFR 2. Section II. Regulatory revegetation success and bond liability 816.116(a)(2) and 817.116(a)(2) require Requirements. This section references (extended responsibility period). that standards for success include the regulatory requirements for meeting We announced receipt of the criteria representative of unmined lands revegetation success under the Texas amendment in the June 1, 1999, Federal in the area being reclaimed to evaluate Surface Coal Mining and Reclamation Register (64 FR 29249). In the same the appropriate vegetation parameters of Act at sections 134.041, .092(a)(19) and document, we opened the public ground cover, production, or stocking. (20), and .104. It also references the comment period and provided an Ground cover, production, or stocking implementing performance standards opportunity for a public hearing or must be considered equal to the for revegetation success in the Texas meeting on the adequacy of the approved success standard when they Coal Mining Regulations at 16 TAC amendment. The public comment are not less than 90 percent of the 12.390 through 12.395 and 12.399. period closed on July 1, 1999. Because success standard. The sampling Texas discusses the applicable sections no one requested a public hearing or techniques for measuring success shall of 16 TAC 12.390 and 12.395 that define meeting, we did not hold one. use a 90-percent statistical confidence the standards by which revegetation success will be measured; the general During our review of the amendment, interval (i.e., one-sided test with a 0.10 requirements that must be met for the we identified a concern with Texas’ alpha error). The Federal regulations at vegetative cover; the requirements for revegetation success guideline 30 CFR 816.116(b) and 817.116(b) require that standards for success be the methodologies used for evaluating document relating to productivity of applied in accordance with the when the standards have been met; and non-prime farmland soils. We were approved postmining land use and the minimum standards for each concerned that Texas’ guidelines at specified minimum conditions for each postmining land use. Texas also Section V.B.2 were not clear on the type of land use. Texas developed its discusses the definitions at 16 TAC 12.3 requirement that in areas receiving 26 revegetation success guideline that are applicable to the guidance inches or less of precipitation, the document to satisfy these requirements. document, including ‘‘disturbed area’’; production standards for cropland must In some cases, the guidelines ‘‘land use’’; ‘‘cropland’’; ‘‘pastureland’’; be met in at least the last 2 consecutive reference the performance standards for ‘‘grazingland’’; ‘‘forestry’’; ‘‘residential’’; years of the responsibility period. We revegetation success contained in the ‘‘industrial/commercial’’; ‘‘recreation’’; notified Texas of this concern by telefax Texas program at 16 TAC 12.390 ‘‘fish and wildlife habitat’’; dated June 24, 1999 (Administrative through 12.395; but they do not replace ‘‘undeveloped land’’; and ‘‘reference Record No. TX–649.07). By letter dated or change any existing State regulations. area.’’ June 30, 1999 (Administrative Record As discussed in the findings below, we We previously approved the No. TX–649.09), Texas sent us revisions find that the revegetation success regulations referenced and described in to Section V.B.2 and Appendix B that standards and statistically valid Section II, and we agree that they are clarify its requirements for non-prime sampling techniques contained in applicable to the proposed revegetation farmland cropland receiving 26 inches Texas’ revegetation success guideline success guideline document. Therefore, or less of precipitation. document meet the requirements of 30 we find that including these regulations Because the revisions merely clarified CFR 816.116(a)(1) and 817.116(a)(1) and in this section of the document is not certain provisions of Texas’ amendment, are no less effective than the Federal inconsistent with the Federal regulation we did not reopen the public comment requirements for revegetation success at requirements at 30 CFR 816.116(a)(1) period. 30 CFR 816.116 and 817.116. and 817.116(a)(1).

VerDate 18-JUN-99 15:56 Aug 11, 1999 Jkt 183247 PO 00000 Frm 00018 Fmt 4700 Sfmt 4700 E:\FR\FM\12AUR1.XXX pfrm07 PsN: 12AUR1 Federal Register / Vol. 64, No. 155 / Thursday, August 12, 1999 / Rules and Regulations 43915

3. Section III. Vegetation Evaluation obtained by weighing a portion of the placement of a baseline within the target Procedures. This section identifies bales harvested; productivity evaluation area, along with five specific concepts and requirements to measurements for cropland that involve randomly-placed transverse transects be followed in developing revegetation plot harvesting; productivity along the baseline. Either observation evaluation plans. measurements involving whole-field location method is appropriate for all Section III.A includes the general harvest; and stem count measurements revegetation performance parameters. requirements for vegetation evaluation. for woody-plants. All measurements, Ground cover measurements should Ground cover and productivity for except productivity measurements for ideally involve 100 observation points, herbaceous biomass measurements must cropland plot harvesting and whole- with a minimum of 75 points. be obtained during the growing season field harvest, must include a one-sided Herbaceous productivity and wood of the primary vegetation species 90 percent confidence interval (with a plant stocking estimates require at least comprising the land use. Herbaceous 0.10 alpha error) if the cover, biomass, 15 measurements. The maximum productivity is estimated from only the yield, or stem estimates are below the sample number for ground cover and current season’s growth. Woody-plant lowest acceptable value (90% of the productivity/stem count distributions is stocking can be measured at any time. technical standard) or where the 150 and 30, respectively. Permittees Ground cover corresponds to the area of reclaimed area is compared to a must use the statistical equations for ground covered by the combined areal reference area. Productivity binomially-distributed revegetation data parts of standing permit-approved measurements for cropland that involve in Appendix A to estimate a statistical vegetation (dead or alive) and the litter plot harvesting must include a one- adequate sample size for ground cover. that is produced naturally on site. The sided 90 percent confidence interval They must use the statistical equations litter component cannot exceed 15 (with a 0.10 alpha error) for the for normally-distributed revegetation percent of the total ground cover. The standardized crop yield. All data in Appendix A to estimate a species must be on either the planting productivity measurements must statistically adequate sample size for list that contains approved species include documentation from a productivity and woody-plant stocking. which support the land use or the list calibrated scale. The permittee must Section IV.B provides guidance on of approved desirable invader species. document the scale manufacturer, adjusting for field conditions when Both lists must be included in the model number, calibration date, date conducting vegetation surveys. Non- approved permit. Rock fragments are and time of productivity data vegetated structures such as permanent considered ground surface cover during collections, and individual performing roads and ponds, riprap areas, and rock soil surveys, but only the vegetal the weighing. and brush piles created for wildlife are component can be considered in ground We find that Section III meets the not to be included as part of the cover measurements. Texas includes an requirements of the Federal regulations revegetation analyses. Habitat features example of hypothetical data from a at 30 CFR 816.116(a)(1) and in grazingland and pastureland must be vegetation survey and the resulting 817.116(a)(1) that statistically valid included in ground cover and calculations from 100 observation sampling techniques for measuring productivity measurements. Slopes points. success be selected by the regulatory under 25 percent should not influence Section III.B covers the data collection authority and included in an approved on-the-ground measurement intervals. characteristics of vegetation evaluation. regulatory program. We also find that Individual areas to be surveyed must be The methods used for doing vegetation this section is no less effective than the under the same land use and surveys must comply with statistical Federal regulations at 30 CFR management and must contain the same conventions. All methods used to assess 816.116(a)(2) and 817.116(a)(2) that vegetation type. revegetation success must contain the require sampling techniques for Section IV.C provides guidelines for following criteria: (1) all sample points measuring success to use a 90-percent ground cover measurements. Ground must be chosen independently and have statistical confidence interval (i.e., one- cover measurements are required for all an equal chance of being chosen; (2) the sided test with a 0.10 alpha error). land uses, except for cropland after row number of sample points should be 4. Section IV. Revegetation Success crops have been planted. The point independent of the size of the areas to Evaluation and Measurement Methods. intercept method is the recommended be evaluated; and (3) sample units This section provides the approved method for determining ground cover. should include the same land use, methods for implementing the various This section discusses the use of the similar vegetation growth forms, evaluation methods for ground cover, point intercept method with a crosswire comparable management, and similar productivity, and woody-plant stocking, sighting device. chemical and physical soil including the proper selection of Section IV.D contains guidance for characteristics. The number of observation points. Measurement measurement of productivity. The observation points needed to produce methods are presented for all vegetation method of measurement of productivity statistically-acceptable results depends parameters. Measurement results must is dependent on the land use and the on the vegetation parameter that is be compared to either approved established vegetation. Productivity can measured. reference areas or technical success be evaluated by hand-harvesting or with Section III.C identifies the standards. mechanized agricultural implements. requirements for reporting vegetation Section IV.A provides information Productivity measurements must be survey data. When submitting and examples for two methods of obtained during the growing season of revegetation data, permittees are to selecting observation points for the primary vegetation species. Either include a map or aerial photograph that collecting vegetation data. The first plot harvesting or whole-field identifies the location of the vegetation method, random point sampling, harvesting are to be used for evaluation survey transects. This subsection involves the selection of random points of herbaceous species and food or fiber specifies what information must be within the area to be evaluated and crops. Herbaceous species should be reported for measurements of ground plotting the points on a map or aerial harvested at the times appropriate to the cover; productivity measurements for photograph. The second method, plant species. Sampling should be timed forages obtained from plot harvesting; baseline sampling with multiple to coincide with seed ripeness or the productivity measurements for forages random starts, involves the random mature stage of the target vegetative

VerDate 18-JUN-99 15:56 Aug 11, 1999 Jkt 183247 PO 00000 Frm 00019 Fmt 4700 Sfmt 4700 E:\FR\FM\12AUR1.XXX pfrm07 PsN: 12AUR1 43916 Federal Register / Vol. 64, No. 155 / Thursday, August 12, 1999 / Rules and Regulations species. The moisture content of period covered and the class of livestock 5. Section V. Revegetation Success harvested herbaceous biomass and other involved. Standards. This section lists the vegetative/grain components must be Section IV.E provides guidelines for revegetation success standards for each standardized to eliminate weight woody plant stocking. Randomly- land use type and provides information variations due to moisture content. selected measurement locations are on determining productivity of the Moisture content must be determined required for conducting woody plant reclaimed areas. Nine general types of using a properly calibrated, standard stocking evaluations. Observation points land use are included: grazingland; agricultural grain moisture tester. A should not be located within 20 feet of pastureland; cropland; forestry; fish and determination that a statistically the edge of the stocked area. wildlife habitat; undeveloped land; adequate sample size was obtained is Observation points for woody plant industrial/commercial; residential; and performed on standardized or corrected counts can also be used for measuring recreation. We find that Texas’ dry weights. This section contains the ground cover. Woody plants counted for revegetation success guidelines for each formula for correcting the measured success determination must be alive and land use type in combination with its grain/bean weights to appropriate healthy and in place for two growing previously approved regulations at 16 moisture contents. For whole-field seasons. Miniplots, usually circular in TAC 12.395 meet the Federal harvesting, the total production from a shape, are used to determine stocking requirements at 30 CFR 816.116(a)(1) hayed or harvested area is obtained by rates. The number of plots needed to and 817.116(a)(1) that success standards weighing the entire yields of the characterize the evaluation area will be selected by the regulatory authority agricultural commodity. The permittee depend on the variability of the and included in its approved regulatory must notify the Commission 15 to 30 vegetation. Approximately 30 plots program. We also find that Texas’ days before the harvest. The should be randomly-placed, regardless success standards for each land use type Commission may require that an of the size of the area to be evaluated. are no less effective than the Federal inspector be on site during the harvest The number of samples required is regulations at 30 CFR 816.116(b) and activity. Forage crops must be harvested calculated following procedures listed 817.116(b) that require standards for following sound agronomic practices, in Appendix A. The permittee must success be applied in accordance with the approved postmining land use. including field-drying cut forage and continue the sampling procedure until a. Section V.A provides guidelines not bailing until the forage moisture the actual number of measurements relating to ground cover and content is 25 percent or less. Moisture produces a statistically adequate sample size. productivity standards for grazingland content for grains/beans must be and pastureland. The ground cover Section IV.F contains guidance on adjusted to the accepted values for each values and productivity of mined, selecting and management of reference agricultural commodity. The foreign revegetated areas are compared either to areas. The permittee must work closely material content of the grain/beans must the ground cover or productivity of an with the Commission staff to select and be determined by a licensed grain dealer approved reference area or to approved and the weight shrunk to marketable develop a suitable reference area. technical standards. The revegetation condition weight with a foreign material Reference areas are unmined land units success standard when reference areas allowance of one percent. There is no that are maintained under appropriate are used is that the ground cover and allowances for harvest and handling management for the purpose of the productivity of the revegetated losses. The harvesting of plots instead of measuring vegetation ground cover, grazingland or pastureland must be 90 the whole area is an acceptable productivity, and plant species diversity percent of the reference area with a 90 alternative, as long as the yields of the that are produced naturally or by percent statistical confidence. plots are representative of the overall agricultural production methods The approved technical standards for production. Appropriate sampling approved by the Commission. Reference ground cover on grazingland and procedures for plots are included in this areas must be representative of geology, pastureland are dependent upon the section. Sampling procedures include soil, slope, and vegetation in the permit moisture regime (5- or 10-year extended information to collect; plot size; harvest area. This section contains criteria for responsibility period area) and the procedures; sample number; comparing revegetated mined areas and dominant plant species. For areas with determination of moisture content; and reference areas. Although it is not an average annual precipitation greater a double-sampling method. This section essential that the reference area be than 26 inches, the ground cover also describes the grazing method to immediately adjacent to the mined, standard is 95 percent for sod-forming estimate productivity. The conversion of revegetated area, the two areas should grasses and 90 percent for bunch grass animal units (AU) to a weight of be close enough to each other to prevent mixtures. For areas with an average vegetation biomass for a given area can differences in rainfall distribution annual precipitation less than or equal be used to estimate productivity in patterns. to 26 inches, the ground cover standard grazingland and pasture land uses We find that the requirements of is 90 percent for sod-forming grasses instead of whole-field or plot Section IV meet the requirements of the and 80 percent for bunch grass harvesting. The animal numbers must Federal regulations at 30 CFR mixtures. Seventy-five percent of the be maintained in a manner that allows 816.116(a)(1) and 817.116(a)(1) that ground cover must be permit-approved grazing of the current year’s forage statistically valid sampling techniques species which support the land use. The production without damaging future for measuring success be selected by the remaining 25 percent can be permit- forage growth and quality. Included in regulatory authority and included in an approved, desirable invader species. this section is a table showing the approved regulatory program. We also Whole-field harvesting is appropriate minimum plant residue levels and find that this section is no less effective for grazingland or pastureland harvested stubble heights to sustain production than the Federal regulations at 30 CFR for hay. The harvest of plots is and a table that contains a guide to 816.116(a)(2) and 817.116(a)(2) that appropriate for all grazingland and animal-unit equivalents. Stocking rates require sampling techniques for pastureland. When reference areas are must be verified by a signed affidavit measuring success to use a 90-percent used, the permittee must compare the from the party managing the grazing of statistical confidence interval (i.e., one- productivity of the reference area to the a given area and must identify the time sided test with a 0.10 alpha error). reclamation area. The lowest acceptable

VerDate 18-JUN-99 15:56 Aug 11, 1999 Jkt 183247 PO 00000 Frm 00020 Fmt 4700 Sfmt 4700 E:\FR\FM\12AUR1.XXX pfrm07 PsN: 12AUR1 Federal Register / Vol. 64, No. 155 / Thursday, August 12, 1999 / Rules and Regulations 43917 value for the productivity of the receiving 26 inches of precipitation or produced on the surrounding prime reference area is 90 percent of the less (10-year responsibility period), the farmland. Only two of the three required reference area productivity value. The production standards must be met in at crop years may involve forage crops. actual yield for the reclaimed area must least the last 2 consecutive years of the Where row crops are the dominant crop be used when comparing the data. Site- responsibility period. The permittee grown on prime farmland in the area, specific technical standards for must compare the productivity of the the row crop requiring the greatest grazingland and pastureland production reclaimed area to 90 percent of the rooting depth must be chosen as one of are currently developed by the USDA- appropriate technical standards. the reference crops. Permittees must NRCS and are included in the permit We find that Texas’ success standards select reference crops through application for each mine. These for non-prime farmland cropland are no consultation with the USDA–NRCS. standards are site-specific with respect less effective than the Federal Reference areas are not applicable to rainfall, species/cultivar produced, regulations at 30 CFR 816.116(b)(2) and where restored prime farmland soils are soil mapping unit, and fertilization. The 817.116(b)(2) that require crop involved. Productivity of crops grown permittee must compare the production on the revegetated area to be on reclaimed prime farmland soils will productivity of the reclaimed area, with at least equal to that of a reference area be measured by using the crop yield of a 90 percent confidence interval, to the or such other success standards a reference crop produced on all or a appropriate technical standard. approved by the regulatory authority. portion of the reclaimed area. Crop The Federal regulations at 30 CFR We also find that Texas’ success yields will be determined through 816.116(b)(1) and 817.116(b)(1) require standards for non-prime farmland whole-field or plot harvesting. The that ground cover and production of cropland for areas of more than 26 reference crop yields for a given crop living plants on the revegetated inches of annual average precipitation season will be compared to average grazingland or pastureland areas be at are no less effective than the Federal yields for specific prime farmland soil least equal to that of a reference area or regulations at 30 CFR 816.116(c)(2)(i) series. These average yields are obtained such other success standards approved and 817.116(c)(2)(i) that require from the USDA–NRCS National Soil by the regulatory authority. We find that cropland to equal or exceed the Information System database, which Texas’ success standards for grazingland approved success standard during the contains information linking soil series and pastureland are no less effective growing season of any two years of the and slope phase, land capability, and than these Federal requirements. responsibility period, except the first crop yields. Restoration of soil b. Section V.B contains guidance on year. Lastly, we find that Texas’ success productivity will be considered the ground cover and productivity standards for non-prime farmland achieved when the average yield during standards for cropland with non-prime cropland in areas receiving 26 inches of the measurement period equals or farmland soils and cropland with prime precipitation or less are no less effective exceeds the average yield of the farmland soils. Adequate ground cover than the Federal regulations at 30 CFR reference crop established for the same to control erosion is required until crop 816.116(c)(3)(i) and 817.116(c)(3)(i) that period for non-mined soils of the same production begins for both soil types. require cropland to equal or exceed the or similar texture or slope phase of the (1) The productivity of mined, approved success standard for at least soil series in the surrounding area under revegetated areas where non-prime the last two consecutive years of the equivalent management practices. farmland soils were involved is responsibility period. By letter dated April 13, 1999, the compared either to the productivity of (2) Prime farmland productivity will USDA–NRCS State Conservationist in an approved reference area or to be restored in accordance with Texas concurred with the guidelines approved technical standards. For non- provisions specified in 16 TAC 12.625 contained in Section V.B.4 concerning prime farmland soils, the permittee (Prime Farmland: Revegetation and evaluation of productivity for restored must determine the lowest acceptable Restoration of Soil Productivity). prime farmland soils (Administrative value for the productivity of the Productivity of restored prime Record No. TX–649). reference area by calculating 90 percent farmlands will be returned to equivalent Based on the USDA–NRCS of the yield obtained form the reference levels of crop yields as non-mined land concurrence and our own technical area. The permittee must then compare of the same soil type in the surrounding evaluation, we find the Texas’ the actual yield for the reclaimed area area under equivalent levels of crop guidelines for restoration of prime productivity to the lowest acceptable yields as non-mined land of the same farmland cropland are consistent with value for the reference area. For non- soil type in the surrounding area under and no less effective than the Federal prime farmland soils, technical success equivalent management practices. regulation requirements at 30 CFR standards must be determined by the Measurement of crop productivity will 823.15 pertaining to revegetation and USDA–NRCS at the request of the mine be initiated within 10 years after restoration of prime farmland soil operator or landowner. The technical completion of soil replacement. The productivity. We also find that Texas’ standards will be permit-specific and measurement period for determining success standards for prime farmland will be developed by using data on the average annual crop production shall be cropland for areas of more than 26 expected individual crop productivity a minimum of three crop years prior to inches of annual average precipitation for the particular county and soil bond release. For areas receiving more are no less effective than the Federal mapping unit, as published in the than 26 inches of precipitation, crop requirements at 30 CFR 816.116(c)(2)(i) USDA–NRCS Field Office Technical production may be measured in any of and 817.116(c)(2)(i) that require Guides. For bond release in areas the extended responsibility period years cropland to equal or exceed the receiving more than 26 inches of except the first. For areas receiving 26 approved success standard during the precipitation (5-year responsibility inches of precipitation or less, the crop growing season of any of the years of the period), the total field harvest of the production standards must be met in at responsibility period, except the first crop for any two years, except the first least the last two consecutive years of year. We find further that Texas’ success year, will be compared to the approved the extended responsibility period. The standards for prime farmland cropland productivity standard specifically reference crops on which restoration of for areas of 26 inches or less of annual developed for the particular crop and a soil productivity is proven shall be average precipitation are consistent with particular growing season. In areas selected from the crops most commonly the Federal regulations at 30 CFR

VerDate 18-JUN-99 15:56 Aug 11, 1999 Jkt 183247 PO 00000 Frm 00021 Fmt 4700 Sfmt 4700 E:\FR\FM\12AUR1.XXX pfrm07 PsN: 12AUR1 43918 Federal Register / Vol. 64, No. 155 / Thursday, August 12, 1999 / Rules and Regulations

816.116(c)(3)(i) and 817.116(c)(3)(i) that conjunction with information on the 816.116(b)(3) and 817.116(b)(3). The require cropland to equal or exceed the species composition of the stands. Federal regulations require that approved success standard during the We find that Texas’ guidelines for minimum stocking and planting growing seam of at least the last two forestry are consistent with and no less arrangements be specified by the consecutive years of the responsibility effective than the Federal regulation regulatory authority on the basis of local period. requirements at 30 CFR 816.116(b)(3) and regional conditions and after c. Section V.C provides guidelines on and 817.116(b)(3). The Federal consultation with and approval by the the ground cover standards and woody- regulations require that minimum State agency responsible for the plant stocking rates for the forestry land stocking and planting arrangements be administration of wildlife programs. use category. The forestry land use specified by the regulatory authority on Consultation and approval may occur category is land used or managed for the the basis of local and regional on either a programwide or a permit- long-term production of wood, wood conditions and after consultation with specific basis. As noted above, Texas is fiber, or wood-derived products. Ground and approval by the State agency requiring consultation and approval on cover of mined, revegetated forestry responsible for the administration of a permit-specific basis. areas are compared either to the ground forestry. Consultation and approval may e. Section V.E provides guidelines on cover of an approved reference area or occur on either a programwide or a ground cover standards and woody- to approved technical standards. permit-specific basis. As noted above, plant stocking rates for undeveloped The ground cover of the reclaimed Texas is requiring consultation and land. Undeveloped land (no current use forest must be within 90 percent of the approval on a permit-specific basis. or land management) is land that is d. Section V.D contains guidance on ground cover of the reference area, with undeveloped or, if previously ground cover standards and woody- a 90 percent statistical confidence. Only developed, land that has been allowed plant rates for fish and wildlife habitat. permit-approved permanent species and to return naturally to an undeveloped Fish and wildlife habitat is land that is additional species found in the state or has been allowed to return to dedicated wholly or partially to the reference area will count toward the forest through natural succession. production, protection, or management The ground cover values of mined, ground cover. The permittee must of species of fish or wildlife. revegetated areas are compared to measure and record the ground cover The ground cover values of mined, approved technical standards. The value for the reference area and the revegetated areas are compared to an choice of technical standards to employ reclaimed area. The permittee must then approved technical standard. The depends on the dominant vegetation compare the reclaimed area ground ground cover of the reclaimed fish and growth form found in the undeveloped cover estimate to 90 percent of the wildlife habitat must be within 90 land: grasses or woody species. If reference area cover value. If technical percent of a 78 percent ground cover grasses are predominant and the areas standards are used, they must be equal success standard with a 90 percent have an average annual precipitation to or greater than 78 percent ground statistical confidence. Ground cover greater than 26 inches, the ground cover cover. The permittee must compare the measurements must be evaluated in standard is 95 percent for sod-forming reclaimed area ground cover estimate to conjunction with information on the grasses and 90 percent for bunch grass 90 percent of the ground cover standard. species composition of the stands. mixtures. If grasses are predominant and Ground cover measurements must be Seventy-five percent of the ground cover the areas have an average annual evaluated in conjunction with must include permit-approved species precipitation less than or equal to 26 information on the species composition. which support the land use. Twenty- inches, the ground cover standard is 90 Seventy-five percent of the ground cover five percent can be comprised of percent for sod-forming grasses and 80 must be comprised of permit-approved desirable invader species as established percent for bunch grass mixtures. If species which support the land use and and approved in the permit. woody species are predominant, the the remaining 25 percent can be The success of woody-plant stocking technical standard for ground cover is comprised of desirable invader species. is measured by comparing the reclaimed 78 percent. The permittee must compare Lists of both types of species must be habitat to a technical standard. The the ground cover estimate to 90 percent included in the approved reclamation stocking rates for woody plant species of the appropriate ground cover plan. will be permit-specific and site-specific. standard. Ground cover measurements The success of woody-plant stocking Stocking rates must be developed by the must be evaluated in conjunction with is determined by comparing the applicant through consultation with the information on the species composition reclaimed forest area to a technical Texas Parks and Wildlife Department in of the stands. standard. The stocking rate success accordance with guidelines included in Woody-plant stocking is measured by standards for woody plant species will attachment 2 of Texas’ revegetation comparing the reclaimed area to a be permit-specific and site-specific. success guideline document. Success technical standard. The stocking rates Success standards for stocking rates will standards will be subject to review and for woody plant species are permit- be developed by the applicant through comment during the permit review and specific and site-specific. The permittee consultation with the Texas Forest will be approved by the Texas Parks and must develop stocking rates through Service in accordance with guidelines Wildlife Department. Permittees must consultation with the Texas Parks and included in attachment 3 of Texas’ compare the mean stem count of the Wildlife Department in accordance with revegetation success guideline reclaimed area to 90 percent of the guidelines included in attachment 2 of document. Success standards will be appropriate stem count standard. Texas’ guideline document. Success subject to review and comment during Woody-plant stocking measurements standards will be subject to review and the permit review and will be approved must be evaluated in conjunction with comment during the permit review and by the Texas Forest Service. The information on the species composition will be approved by the Texas Parks and permittee must compare the mean stem of the stands. Wildlife Department. The permittee count of the reclaimed area to 90 We find that Texas’ guidelines for fish must compare the mean stem count of percent of the appropriate stem count and wildlife habitat are consistent with the reclaimed area to 90 percent of the standard. Woody-plant stocking and no less effective than the Federal appropriate stem count standard. measurements must be evaluated in regulation requirements at 30 CFR Woody-plant stem count measurements

VerDate 18-JUN-99 15:56 Aug 11, 1999 Jkt 183247 PO 00000 Frm 00022 Fmt 4700 Sfmt 4700 E:\FR\FM\12AUR1.XXX pfrm07 PsN: 12AUR1 Federal Register / Vol. 64, No. 155 / Thursday, August 12, 1999 / Rules and Regulations 43919 must be evaluated in conjunction with land use. This land use includes single- will be approved by the Texas Parks and information on the species composition and multiple-family housing, mobile Wildlife Department. The permittee of the stands. home parks, and other residential must compare the mean stem count of The Federal regulations at 30 CFR lodgings. Ground cover must be the reclaimed area to 90 percent of the 816.116(b) and 817.116(b) do not adequate to control erosion. Woody- appropriate stem count standard. The contain specific reclamation success plant stocking, if used, is measured by permittee must evaluate woody-plant standards for undeveloped land. comparing the reclaimed area to a stem count measurements in However, we find that Texas’ guidelines technical standard. The stocking rates conjunction with information on the for undeveloped land are not for woody plant species will be permit- species composition of the stands. inconsistent with the requirements of specific and site-specific. Stocking rates We find that Texas’ guidelines for the Federal regulations at 30 CFR will be developed by the applicant recreation land use are consistent with 816.116(b)(3) and 817.116(b)(3) for areas through consultation with the Texas and no less effective than the Federal to be developed for fish and wildlife Parks and Wildlife Department, in regulation requirements at 30 CFR habitat, recreation, shelter belts, or accordance with guidelines included in 816.116(b)(3) and 817.116(b)(3). The forest products. attachment 2 of Texas’ revegetation Federal regulations require that f. Section V.F contains guidelines success guideline document. Success minimum stocking and planting relating to ground cover standards and standards will be subject to review and arrangements be specified by the woody-plant stocking rates for comment during the permit review and regulatory authority on the basis of local industrial/commercial land uses. These will be approved by the Texas Parks and and regional conditions and after land uses involve either (1) extraction or Wildlife Department. The permittee consultation with and approval by the transformation of materials for must compare the mean stem count of State agency responsible for the fabrication of products, wholesaling of the reclaimed area to 90 percent of the administration of wildlife programs. products, or for long-term storage of appropriate stem count standard. Consultation and approval may occur products or (2) retail or trade of goods Woody-plant stem count measurements on either a programwide or a permit- or services. must be evaluated in conjunction with specific basis. As noted above, Texas is Ground cover must be adequate to information on the species composition requiring consultation and approval on control erosion. Woody-plant stocking, of the stands. a permit-specific basis. if it is implemented, is measured by We find that Texas’ ground cover 6. Section VI. Literature Cited. This comparing the reclaimed area to a guidelines for residential land use are section provides a listing of the technical standard. The stocking rates no less effective than the Federal literature used in developing the for woody plant species will be permit- regulation requirements at 30 CFR guideline document. We find that this specific and site-specific. Stocking rates 816.116(b)(4) and 817.116(b)(4) for areas section is not inconsistent with the must be developed by the applicant to be developed for industrial, Federal regulations at 30 CFR through consultation with the Texas commercial, or residential use. The 816.116(a)(1) and 817.116(a)(1). Parks and Wildlife Department in Federal regulations do not contain a 7. Appendices and Attachments. accordance with guidelines included in woody-plant stocking standard for this Texas included the following attachment 2 of Texas’ revegetation land use. However, we find that Texas’ appendices and attachments in its success guidelines. Woody-Plant woody-plant stocking guidelines are revegetation success guideline stocking success standards will be consistent with the minimum stocking document. subject to review and comment during and planting arrangement requirements a. Appendix A contains the statistical the permit review and will be approved of the Federal regulations at 30 CFR information, including equations and by the Texas Parks and Wildlife 816.116(b)(3)(i) and 817.116(b)(3)(i) for tables, to be used in the determination Department. Permittees must compare areas to be developed for fish and of revegetation success for ground cover, the mean stem count of the reclaimed wildlife habitat, recreation, shelter belts, productivity, and woody-plant stocking. area to 90 percent of the appropriate or forest products. We conducted a technical review of the stem count standard. Woody-plant stem h. Section V.H contains guidelines on statistical operations contained in count measurements must be evaluated ground cover standards and woody- appendix A, and we found that they in conjunction with information on the plant stocking rates for recreation land meet the requirements of the Federal species composition of the stands. uses. This land use involves public or regulations at 30 CFR 816.116(a)(1) and We find that Texas’ ground cover private leisure-time use, including 817.116(a)(1) that statistically valid guidelines are no less effective than the developed recreation facilities such as sampling techniques for measuring Federal regulation requirements at 30 parks, camps, and amusement areas. It success be selected by the regulatory CFR 816.116(b)(4) and 817.116(b)(4) for may also include less intensive uses authority and included in an approved areas to be developed for industrial, such as hiking, canoeing, and other regulatory program. commercial, or residential use. The undeveloped recreational uses. Ground b. Appendix B provides a table Federal regulations do not contain a cover must be sufficient to control summarizing the revegetation success woody-plant stocking standard for these erosion. Woody-plant stocking is standards for all land uses. The table in land uses. However, we find that Texas’ measured by comparing the reclaimed Appendix B includes the revegetation woody-plant stocking guidelines are area to a technical standard. The parameters, performance standards, and consistent with the minimum stocking stocking rates for woody plant species conditions for bond release relating to and planting arrangement requirements will be permit-specific and site-specific. each land use. We find that the addition of the Federal regulations at 30 CFR Stocking rates will be developed by the of this summary is not inconsistent with 816.116(b)(3)(i) and 817.116(b)(3)(i) for applicant through consultation with the the Federal regulations at 30 CFR areas to be developed for fish and Texas Parks and Wildlife Department in 816.116(a)(1) and 817.116(a)(1). wildlife habitat, recreation, shelter belts, accordance with guidelines included in c. Appendix C contains examples of or forest products. attachment 2 of Texas’ revegetation revegetation success determinations for g. Section V.G provides guidance on success guideline document. Success ground cover and productivity ground cover standards and woody- standards will be subject to review and involving herbaceous biomass and plant stocking rates for a residential comment during the permit review and woody plant stem counts. The addition

VerDate 18-JUN-99 15:56 Aug 11, 1999 Jkt 183247 PO 00000 Frm 00023 Fmt 4700 Sfmt 4700 E:\FR\FM\12AUR1.XXX pfrm07 PsN: 12AUR1 43920 Federal Register / Vol. 64, No. 155 / Thursday, August 12, 1999 / Rules and Regulations of examples will aid the permittees in are normal husbandry practices. The a. This section references the making revegetation success Federal regulations at 30 CFR regulatory requirements for meeting determinations when using the 816.116(c)(4) and 817.116(c)(4) allow revegetation success under the Texas statistical sampling techniques in Texas’ each regulatory authority to approve Surface Coal Mining and Reclamation revegetation success guideline selective husbandry practices as normal Act at sections 134.041, .092(a)(19) and document. Therefore, we find that husbandry practices, excluding (20), and .104. It also references the appendix C is not inconsistent with the augmented seeding, fertilization, or implementing performance standards Federal regulation requirements at 30 irrigation, provided it obtains prior for revegetation success in the Texas CFR 816.116(a)(1) and 817.116(a)(1). approval for the practices from OSM in Coal Mining Regulations at 16 TAC d. Attachment 1 is a document accordance with 30 CFR 732.17. These 12.390 through 12.395, and 12.399. entitled ‘‘The Development of the normal husbandry practices may be Texas discusses the applicability of Forage Production Standards for Post implemented without extending the section of 16 TAC 12.395(c)(4), which Mine Soils’’ by the United States period of responsibility for revegetation recognizes that the Commission may Department of Agriculture—Natural success and bond liability if such determine that certain management Resources Conservation Service. It practices can be expected to continue as practices will not extend the contains an example of the methodology part of the postmining land use or if responsibility period for revegetation used by the USDA–NRCS to develop discontinuance of the practices after the success and bond liability. site-specific productivity standards for liability period expires will not reduce We previously approved the mining companies in Texas to use in the probability of permanent regulations referenced and described in demonstrating grazingland and revegetation success. Approved this section, and we agree that they are pastureland productivity success on practices must be normal husbandry applicable to the proposed normal reclaimed areas. We find that the practices within the region for unmined husbandry practices guideline addition of attachment 1 is not lands having land uses similar to the document. Therefore, we find that the inconsistent with the Federal regulation approved postmining land use of the reference to and discussion of these requirements at 30 CFR 816.116(a)(1) disturbed area, including such practices regulations in this section of the and 30 CFR 817.116(a)(1). as disease, pest, and vermin control. It document is not inconsistent with the e. Attachment 2 is a document also includes any pruning, reseeding, Federal regulation requirements at 30 entitled ‘‘Texas Parks and Wildlife and transplanting needed because of CFR 816.116(c)(4) and 817.116(c)(4). Department Recommendations for the these practices. Texas developed a b. Texas noted that the Commission Development of Success Standards for normal husbandry practices guideline intends that the terms ‘‘husbandry’’ and Woody-Plant Stocking Rates.’’ Permit document to implement these ‘‘augment’’ both have their ordinary applicants must develop woody-plant requirements. meanings as follows: stocking rates for various land uses As discussed in the findings below, through consultation with the Texas Husbandry—the control or judicious use of we find that the normal husbandry Parks and Wildlife Department in resources: conservation; the cultivation or practices contained in the guideline production of plants and animals: accordance with the guidelines document satisfy the requirements of 30 agriculture; the scientific control and included in this attachment. We find management of a branch of farming and that the addition of attachment 2 is not CFR 816.116(c)(4) and 817.116(c)(4). 1. Section I. Introduction. The especially of domestic animals. inconsistent with the Federal regulation Augment—to make (something well or requirements at 30 CFR 816.116(a)(1) introductory section provides the scope, adequately developed) greater, more and 30 CFR 817.116(a)(1). purpose, and applicability of the normal numerous, larger, or intense. f. Attachment 3 is a document entitled husbandry practices guideline document. The guideline document We find that Texas’ definitions for the ‘‘Texas Forest Service terms ‘‘husbandry’’ and ‘‘augment’’ are Recommendations for Reforestation of includes the normal husbandry practices that permittees must use for not inconsistent with the Federal Pine and Hardwoods in Texas.’’ Permit regulation requirements at 30 CFR applicants must develop woody-plant disease and pest control, application of fertilizers, application and 816.116(c)(4) and 817.116(c)(4). stocking rates for forestry land uses 3. Section III. Conventions for Normal through consultation with the Texas incorporation of other soil amendments, and any other necessary soil vegetation Husbandry Practices. Texas lists the Forest Service in accordance with the following three conventions regarding guidelines included in this attachment. management activities on surface-mined lands in Texas during the extended normal husbandry practices for surface- We find that the addition of attachment mined lands in Texas: 3 is not inconsistent with the Federal responsibility period. Husbandry regulation requirements at 30 CFR practices not included in this document (1.) Normal husbandry practices are region- specific and include activities performed by 816.116(a)(1) and 30 CFR 817.116(a)(1). may be considered augmentative in nature and, if performed on land that is landowners managing lands not disturbed by B. Normal Husbandry Practices for currently in the extended responsibility mining activities. For example, limestone Surface-Mined Lands in Texas application and incorporation is not period, may restart that period. The practiced anywhere in the South Texas Texas submitted a guideline decision whether a particular activity Plains vegetational area; therefore, liming document that describes the husbandry can be classified as a normal husbandry would not be a normal husbandry practice practices that may be used by the practice will depend both on the for mines situated in this region. Practices permittee during the period of regulatory requirements of the Texas required to address problems that arise from responsibility for revegetation success Coal Mining Regulations and the mining-related activities are not considered and bond liability without restarting the postmining land use. normal husbandry practices. extended responsibility period. The We find that this introductory section (2.) Normal husbandry practices are those is not inconsistent with the Federal activities that can expected to continue as Texas Coal Mining Regulations at 16 part of the postmining land use. TAC 12.395(c)(4) allow the Commission regulations at 30 CFR 816.116(c)(4) and (3.) Discontinuance of the husbandry to approve selective husbandry 817.116(c)(4), and we are approving it. practices will not reduce the probability of practices provided it obtains prior 2. Section II. Regulatory revegetation success. For example, the approval from OSM that the practices Requirements. discontinuance of maintenance fertilization

VerDate 18-JUN-99 15:56 Aug 11, 1999 Jkt 183247 PO 00000 Frm 00024 Fmt 4700 Sfmt 4700 E:\FR\FM\12AUR1.XXX pfrm07 PsN: 12AUR1 Federal Register / Vol. 64, No. 155 / Thursday, August 12, 1999 / Rules and Regulations 43921 on grazingland would not result in loss of damage as a normal husbandry practice, require a separate extended vegetative cover (it might lead to an provided that the damage is not caused responsibility period. Texas will require alteration of the species composition, by a lack of planning, design, or that areas undergoing removal of however). implementation of the mining and structures be fully revegetated with We find that Texas’ conventions for reclamation plan. Examples of such permanent, permit-approved species for normal husbandry practices at Section damage includes small slips, channel at least one year before final bond III are consistent with the requirements erosion, and unauthorized access. The release and meet all vegetation cover of the Federal regulations at 30 CFR total acreage of repaired areas cannot and productivity success standards. 816.116(c)(4) and 817.117(c)(4). exceed three contiguous acres or ten Texas’ provision that areas will be 4. Section IV. Normal Husbandry percent of the total land of the extended fully revegetated for at least one year Practices, as Influenced by Land Uses. responsibility area. In cases of erosion, before final bond release and meet all In Section IV, Texas proposes normal repairs may be considered vegetation cover and productivity husbandry practices for six vegetative nonaugmentative if rill and gully success standards will ensure that the community postmining land uses damage was caused by precipitation vegetation of these areas will be subject defined in the Texas program: exceeding a 10-year/24-hour event or to Texas’ counterparts to the Federal grazingland; pastureland; cropland; damage occurred before the first two regulations at 30 CFR 816.116 and forestry; fish and wildlife habitat; and years of a 5-year extended responsibility 817.116 relating to the attainment of undeveloped land. The normal period or four years of a 10-year revegetation success. It will also husbandry practices listed for extended responsibility period. After discourage the removal of ponds, roads, grazingland, pastureland, cropland, the first two or four years, whichever is or diversions toward the end of the forestry, and fish and wildlife habitat applicable, total acreage for erosion liability period for the surrounding area are divided into three general categories: repair cannot exceed one contiguous because these areas would not qualify (1) general management of soil and acre or two percent of the total land of for final bond release until vegetative vegetation; (2) addition of plant that extended responsibility area. Texas cover is fully established and meets nutrients and other soil amendments; will require that areas undergoing Texas’ revegetation standards. Texas’ and (3) pest management. Documents damage repair be fully revegetated with reference to temporary roads in its defining the normal husbandry practices permanent, permit-approved species for policy is interpreted by OSM to mean for each category are referenced. Texas at least one year before final bond those roads necessary for maintenance submitted copies of these documents to release and meet all vegetation cover of sediment ponds, diversions, and support its proposed practices for and productivity success standards. reclamation areas. Ancillary roads used disease and pest control; application of Documents defining the normal for maintenance do not include haul fertilizers; application and husbandry practices relating to general roads or other primary roads which incorporation of other soil amendments; management, addition of plant nutrients should have been removed upon and other necessary soil vegetation and other soil amendments, and pest completion of mining. It is also noted management activities on surface-mined management for erosion repair areas are that in its letter dated May 4, 1999, the lands. Because the definition of referenced in this section. Texas USDA–NRCS State Conservationist undeveloped land excludes any type of submitted copies of these documents concurred with Texas’ guideline for management inputs during the extended and the USDA–NRCS concurrence removal of structures. responsibility period, Texas is only letter, discussed above, to support its Although Texas’ guideline is allowing limited erosion repair for this proposed normal husbandry practice primarily concerned with defining land use. guidelines for repair of erosion or other normal husbandry practices, the term We determined that the documents types of damage. ‘‘nonaugmentative’’ is used with submitted by Texas and referenced in We determined that the documents reference to the removal and Section IV represent normal husbandry submitted by Texas and referenced in reclamation of structures used in practices in Texas, and we find that Section V represent normal husbandry support of reclamation. Texas Section IV is no less effective than the practices in Texas for repair of erosion specifically states in its guideline that Federal regulations at 30 CFR or other types of damage. We believe the removal and reseeding of the 816.116(c)(4) and 817.116(c)(4). that by limiting the size of areas that structures is not a normal husbandry 5. Section V. Repair of Damaged may be repaired without restarting the practice. We agree that reclamation of Reclaimed Areas and Removal of extended responsibility period and by these areas, while being Structures. In Section V, Texas provides demonstrating that such practices are nonaugmentative, is not a normal guidelines for erosion repair, other supported as normal husbandry husbandry practice. damage repair, reseeding areas, practices, Texas has ensured that the As outlined in the May 29, 1996, overseeding, and restocking of woody probability of revegetation success will Federal Register (61 FR 26792), OSM species. Texas also included a provision not be reduced. Therefore, we find that has adopted the policy published for for regrading and revegetation of areas Texas’ proposed guidelines for repair of comment in the September 15, 1993, where temporary structures have been erosion or other types of damage are Federal Register (58 FR 48333). Section removed. By letter dated May 4, 1999, consistent with and no less effective 515(b)(20) of SMCRA provides that the the USDA–NRCS State Conservationist than the Federal regulation revegetation responsibility period shall in Texas concurred with Texas’ requirements at 30 CFR 816.116(c)(4) commence ‘‘after the last year of proposed guidelines for repair of and 817.116(c)(4). augmented seeding, fertilizing, damaged areas and removal of b. Texas will determine whether or irrigation, or other work’’ needed to structures in Section V. not regrading and revegetation of areas assure revegetation success. In the a. Because reclaimed sites may where temporary structures such as absence of any indication of experience some type of damage to sediment ponds, roads, and small Congressional intent in the legislative established vegetation at some point diversions have been removed are history, OSM interprets this during the period of extended nonaugmentative on a case-by-case requirement as applying to the responsibility, Texas may consider basis. Areas that may pose significant increment or permit area as a whole, not repair of erosion or other types of potential for reclamation problems will individually to those lands within the

VerDate 18-JUN-99 15:56 Aug 11, 1999 Jkt 183247 PO 00000 Frm 00025 Fmt 4700 Sfmt 4700 E:\FR\FM\12AUR1.XXX pfrm07 PsN: 12AUR1 43922 Federal Register / Vol. 64, No. 155 / Thursday, August 12, 1999 / Rules and Regulations permit area upon which revegetation is sections 515(b)(19) and (20) of SMCRA, extended responsibility period for the delayed solely because of their use in as clarified by OSM in the September affected areas will restart. Texas does support of the reclamation effort on the 15, 1993, Federal Register (58 FR not consider practices required to planted area. As implied in the 48333). address problems that arise from preamble discussion of 30 CFR c. Overseeding of winter cover crops mining-related activities as normal 816.46(b)(5), which prohibits the and/or summer annuals, into existing husbandry practices. Texas will use removal of ponds or other siltation vegetation, is considered a normal information from field inspection structures until two years after the last husbandry practice. Texas will require reports and mine-soil chemical analysis augmented seeding, planting of the sites reseeding activities to be included in the data to evaluate unacceptable from which such structures are removed mining company’s reclamation plan. husbandry practices or augmentation. need not itself be considered an Texas referenced documents defining We agree that the activities listed in this augmented seeding necessitating an the normal husbandry practices relating section are not normal husbandry extended or separate liability period (48 to general management, addition of practices and that they should not be FR 44038–44039, September 26, 1983). plant nutrients and other soil allowed without extending the period of The purpose of the revegetation amendments, and pest management for responsibility for revegetation success responsibility period is to ensure that reseeded areas. Texas submitted copies and bond liability. Therefore, we find the mined area has been reclaimed to a of these documents to support reseeding that Section VI is not inconsistent with condition capable of supporting the areas. We determined that the the Federal regulations for normal desired permanent vegetation. documents submitted by Texas and husbandry practices at 30 CFR Achievement of this purpose will not be referenced in Section V represent 816.116(c)(4) and 817.116(c)(4). adversely affected by this interpretation normal husbandry practices in Texas for 7. Section VII. Literature Cited. This of section 515(b)(20) of SMCRA because overseeding of winter cover crops and/ section provides a listing of the the lands involved are relatively small or summer annuals, into existing literature used in developing the in size and either widely dispersed or vegetation. Therefore, we find that guideline document. We find that this narrowly linear in distribution and the Texas’ proposed guidelines for section is not inconsistent with the delay in establishing revegetation on overseeding are consistent with and no Federal regulations at 30 CFR these sites is due not to reclamation less effective than the Federal regulation 816.116(c)(4) and 817.116(c)(r). deficiencies or the facilitation of requirements at 30 CFR 816.116(c)(4) mining, but rather to the regulatory and 817.116(c)(4). IV. Summary and Disposition of requirement that ponds and diversions d. Restocking of woody species is Comments be retained and maintained to control allowed, as long as the time and Public Comments runoff from the planted area until the quantity of restocking is in compliance revegetation is sufficiently established with Texas’ regulations at 16 TAC On June 1, 1999, we asked for public to render such structures unnecessary 12.395(b)(3)(B). These regulations comments on the amendment (64 FR for the protection of water quality. require that trees and shrubs counted in 19249). By letter dated June 9, 1999, the In addition, the areas affected likely determining the success of stocking be Texas Utilities Company System (TXU) would be no larger than those which in place for not less than two growing Business Services provided comments could be reseeded (without restarting seasons. At the time of bond release, at on behalf of TXU Mining Company the revegetation period) in the course of least 80 percent of the trees and shrubs (TX–649.05). The TXU Business performing normal husbandry practices, used to determine the success of Services commented that TXU supports as that term is defined in 30 CFR stocking must have been in place for 60 the proposed amendment, and the 816.116(c)(4) and explained in the percent of the applicable minimum proposed procedures and standards preamble to that rule (53 FR 34636, period of responsibility. Texas’ provide adequate guidelines for 34641; September 7, 1988; 52 FR 28012, requirements for tree and shrub stocking determining revegetation success for the 28016; July 27, 1987). Areas this small are consistent with the Federal release of reclamation performance would have a negligible impact on any requirements at 30 CFR 816.116(b)(3)(ii) bonds. The TXU Business Services also evaluation of the permit area as a whole. and 817.116(b)(3)(ii). We agree that stated that the amendment provides a Most importantly, this interpretation is restocking of woody species is allowed clear description of the normal unlikely to adversely affect the under both the State and Federal husbandry practices that may be used regulatory authority’s ability to make a regulations, as long as the time and by permittees during the period of statistically valid determination as to quantity of restocking is in compliance extended responsibility for revegetation whether a diverse, effective permanent with the regulations. Therefore we are success and bond liability. As shown in vegetative cover has been successfully approving this guideline. the findings above, we agree with the established in accordance with the 6. Section VI. Non-Normal and comments provided by the TXU appropriate revegetation success Unacceptable Husbandry Practices or Business Services. standards. From a practical standpoint, Augmentation. In Section VI, Texas lists Federal Agency Comments it is usually difficult to identify those activities that are considered precisely where such areas are located unacceptable husbandry practices. The Under 30 CFR 732.17(h)(11)(i), we in the field once revegetation is activities include: reseeding of areas requested comments on the amendment established in accordance with the devoid of vegetation due to acid mine from various Federal agencies with an approved reclamation plan. soils; irrigation; supplemental watering actual or potential interest in the Texas Based on the above discussion, we of herbaceous vegetation and program (Administrative Record No. find that Texas’ guideline for regrading supplemental watering of large woody TX–649.03). By letter dated June 3, 1999 and revegetation of areas where stock later than two years after planting; (Administrative Record No. TX–469.04), temporary structures have been all application and incorporation of the USDA–NRCS State Conservationist removed is consistent with and no less alkaline amendments, except for non- in Temple, Texas, asked us to note that effective than the Federal regulations at excessive application; and excessive the amendment contained two letters 30 CFR 816.46(b)(5) and (6), 817.46(b)(5) application of plant nutrients. If any of from his office concurring on specific and (6), 816.150(f)(6), 817.150(f)(6), and the listed practices are performed, the sections of the documents. He stated

VerDate 18-JUN-99 15:56 Aug 11, 1999 Jkt 183247 PO 00000 Frm 00026 Fmt 4700 Sfmt 4700 E:\FR\FM\12AUR1.XXX pfrm07 PsN: 12AUR1 Federal Register / Vol. 64, No. 155 / Thursday, August 12, 1999 / Rules and Regulations 43923 that the USDA–NRCS was an active State Historical Preservation Officer on State regulatory program provisions participant in the development of the (SHPO) and the Advisory Council on do not constitute major Federal actions documents, and he noted that the Historic Preservation (ACHP) within the meaning of section 102(2)(C) USDA–NRCS has worked with both the Under 30 CFR 732.17(h)(4), we are of the National Environmental Policy Texas Railroad Commission and required to request comments from the Act (42 U.S.C. 4332(2)(C)). individual mining companies in the SHPO and ACHP on amendments that Paperwork Reduction Act State on reconstruction and reclamation may have an effect on historic This rule does not contain of surface mined land. As indicated by properties. On May 21, 1999, we information collection requirements that the USDA–NRCS, the amendment requested comments on Texas’ require approval by OMB under the contains letters dated April 13, 1999, amendment (Administrative Record No. Paperwork Reduction Act (44 U.S.C. and May 4, 1999, in which the USDA– TX–649.02), but neither responded to 3507 et seq.). NRCS concurs with Section V.B.4 of our request. Regulatory Flexibility Act Texas’ revegetation success guideline V. Director’s Decision document and Section V of Texas’ The Department of the Interior has normal husbandry practices guideline Based on the above findings, we determined that this rule will not have document, respectively. As discussed in approve the amendment as sent to us by a significant economic impact on a Finding A.5.b.(2), the USDA–NRCS Texas on May 13, 1999, and as revised substantial number of small entities on June 30, 1999. concurred with Texas’ guidelines for under the Regulatory Flexibility Act (5 To implement this decision, we are evaluation of productivity for restored U.S.C. 601 et seq.). The State submittal amending the Federal regulations at 30 which is the subject of this rule is based prime farmland soils, and as discussed CFR Part 943, which codify decisions in Findings B.5. and B.5.b, the USDA– upon corresponding Federal regulations concerning the Texas program. We are for which an economic analysis was NRCS concurred with Texas’ guidelines making this final rule effective for repair of damaged reclaimed areas prepared and certification made that immediately to expedite the State such regulations would not have a and removal of structures. program amendment process and to significant economic effect upon a By letter dated June 18, 1999, the U.S. encourage Texas to bring its program substantial number of small entities. Army Corps of Engineers (Corps) into conformity with the Federal Therefore, this rule will ensure that commented on Texas’ amendment standards. SMCRA requires consistency existing requirements previously (Administrative Record No. TX–649.08). of State and Federal standards. published by OSM will be implemented The Corps recommended that the VI. Procedural Determinations by the State. In making the proposed amendment specify all determination as to whether this rule measures in the International System of Executive Order 12866 would have a significant economic Units (SI), in lieu of the inch-pound (IP) The Office of Management and Budget impact, the Department relied upon the system. The Federal regulations at 30 (OMB) exempts this rule from review data and assumptions for the CFR 816.116 and 817.116 do not require under Executive Order 12866 corresponding Federal regulations. States to use the International System of (Regulatory Planning and Review). Unfunded Mandates Units in their guidelines for determining Executive Order 12988 OSM has determined and certifies revegetation success or normal The Department of the Interior has under the Unfunded Mandates Reform husbandry practices. Also, the standards Act (2 U.S.C. 1502 et seq.) that this rule and specifications for revegetation conducted the reviews required by section 3 of Executive Order 12988 will not impose a cost of $100 million developed by the USDA–NRCS, the (Civil Justice Reform) and has or more in any given year on local, state, Texas Agricultural Extension Services, determined that, to the extent allowed or tribal governments or private entities. major universities, and other recognized by law, this rule meets the applicable List of Subjects in 30 CFR Part 943 sources use the inch-pound system. standards of subsections (a) and (b) of Intergovernmental relations, Surface However, we will give a copy of the that section. However, these standards mining, Underground mining. comments to Texas for its consideration are not applicable to the actual language when developing future amendments. of State regulatory programs and Dated: July 28, 1999. Environmental Protection Agency (EPA) program amendments since each such Charles E. Sandberg, program is drafted and promulgated by Acting Regional Director, Mid-Continent Under 30 CFR 732.17(h)(11)(ii), we a specific State, not by OSM. Under Regional Coordinating Center. are required to get a written agreement sections 503 and 505 of SMCRA (30 For the reasons set out in the from the EPA for those provisions of the U.S.C. 1253 and 1255) and 30 CFR preamble, 30 CFR Part 943 is amended program amendment that relate to air or 730.11, 732.15, and 732.17(h)(10), as set forth below: water quality standards promulgated decisions on State regulatory programs under the authority of the Clean Water and program amendments must be PART 943ÐTEXAS Act (33 U.S.C. 1251 et seq.) or the Clean based solely on a determination of whether the submittal is consistent with 1. The authority citation for Part 943 Air Act (42 U.S.C. 7401 et seq.). None continues to read as follows: of the provisions in this amendment SMCRA and its implementing Federal Authority: 30 U.S.C. 1201 et seq. pertain to air or water quality standards. regulations and whether the other Therefore, we did not ask the EPA to requirements of 30 CFR Parts 730, 731, 2. Section 943.15 is amended in the agree on the amendment. and 732 have been met. table by adding a new entry in chronological order by ‘‘Date of final Under 30 CFR 732.17(h)(11)(i), we National Environmental Policy Act publication’’ to read as follows: requested comments on the amendment This rule does not require an from the EPA (Administrative Record environmental impact statement since § 943.15 Approval of Texas regulatory No. TX–649.01). The EPA did not section 702(d) of SMCRA (30 U.S.C. program amendments. respond to our request. 1292(d)) provides that agency decisions * * * * *

VerDate 18-JUN-99 15:56 Aug 11, 1999 Jkt 183247 PO 00000 Frm 00027 Fmt 4700 Sfmt 4700 E:\FR\FM\12AUR1.XXX pfrm07 PsN: 12AUR1 43924 Federal Register / Vol. 64, No. 155 / Thursday, August 12, 1999 / Rules and Regulations

Original amendment submission date Date of final publication Citation/description

******* May 13, 1999 ...... August 12, 1999 ...... Procedures and Standards for Determining Revegetation Success on Surface-Mined Lands in Texas; Normal Husbandry Practices for Surface-Mined Lands in Texas.

[FR Doc. 99–20840 Filed 8–11–99; 8:45 am] 321–8020, and select self–expanding file transactions. Specifically, section 2(a) of BILLING CODE 4310±05±P ‘‘T11FR00.EXE’’ in TEL. For Internet Executive Order 13069 prohibits the access, use one of the following sale, supply, or making available in any protocols: Telnet = fedworld.gov form by United States persons, or from DEPARTMENT OF THE TREASURY (192.239.93.3); World Wide Web (Home the United States or using U.S.– Page) = http://www.fedworld.gov; FTP registered vessels or aircraft, of aircraft Office of Foreign Assets Control = ftp.fedworld.gov (192.239.92.205). or aircraft components, regardless of Additional information concerning the their origin, to the territory of Angola, 31 CFR Part 590 programs of the Office of Foreign Assets other than through designated points of Control is available for downloading entry, or to UNITA. Section 2(b) UNITA (Angola) Sanctions from the Office’s Internet Home Page: prohibits the insurance, engineering, or Regulations: Implementation of http://www.treas.gov/ofac, or in fax servicing of UNITA aircraft by United Executive Orders 13069 and 13098 form through the Office’s 24–hour fax– States persons or from the United States. on–demand service: call 202/622–0077 Section 2(c) prohibits the granting of AGENCY: Office of Foreign Assets using a fax machine, fax modem, or takeoff, landing, or overflight Control, Department of the Treasury. (within the United States) a touch–tone permission to any aircraft on flights or ACTION: Final rule; amendments. telephone. continuations of flights to or from the territory of Angola other than to or from SUMMARY: The Office of Foreign Assets Background designated places in Angola. Section Control of the U.S. Department of the On September 26, 1993, in view of 2(d) prohibits the provision of Treasury is amending the UNITA United Nations Security Council engineering and maintenance servicing, (Angola) Sanctions Regulations to Resolution No. 864 of September 15, the certification of airworthiness, the implement Executive Order 13069 of 1993, President Clinton issued E.O. payment of new insurance claims December 12, 1997, and Executive 12865, 58 FR 51005, 3 CFR, 1993 against existing insurance contracts, and Order 13098 of August 18, 1998, Comp., p.636, declaring a national the provision, renewal, or making prohibiting certain transactions with emergency with respect to UNITA’s available of direct insurance by a United respect to the National Union for the actions in Angola and placing sanctions States person or from the United States Total Independence of Angola on UNITA. Executive Order 12865 with respect to any aircraft registered in (‘‘UNITA’’) and to make other technical prohibits the sale or supply by United Angola, except designated aircraft, and and conforming changes. States persons, or from the United States with respect to any aircraft that have EFFECTIVE DATE: AUGUST 12, 1999. or using U.S.–registered vessels or entered the territory of Angola other FOR FURTHER INFORMATION CONTACT: John aircraft, of arms, arms–related materiel than through designated points of entry. T. Roth, Chief, Policy Planning and of all types, petroleum, and petroleum On August 18, 1998, President Program Management, tel.: 202/622– products, regardless of their origin, to Clinton issued Executive Order 13098, 2500, or William B. Hoffman, Chief the territory of Angola, other than 63 FR 44771, 3 CFR, 1998 Comp., p.206, Counsel, tel.: 202/622–2410, Office of through designated points of entry, or to placing further sanctions on UNITA, Foreign Assets Control, Department of UNITA. Executive Order 12865 also taking into account the provisions of the Treasury, Washington, DC 20220. prohibits any activity by U.S. persons or United Nations Security Council SUPPLEMENTARY INFORMATION: in the United States that promotes or is Resolutions 1173 of June 12, 1998, and calculated to promote such prohibited 1176 of June 24, 1998. These additional Electronic Availability sale or supply. On December 10, 1993, sanctions went into effect at 12:01 a.m. This document is available as an the Office of Foreign Assets Control of EDT on August 19, 1998. Section 1 of electronic file on The Federal Bulletin the Department of the Treasury Executive Order 13098 blocks all Board the day of publication in the (‘‘OFAC’’) implemented Executive property and interests in property of Federal Register. By modem, dial 202/ Order 12865 by promulgating the UNITA, designated senior UNITA 512–1387 and type ‘‘/GO FAC,’’ or call UNITA (Angola) Sanctions Regulations, officials, and designated adult members 202/512–1530 for disk or paper copies. 31 CFR Part 590 (the ‘‘Regulations’’). of their immediate families if the This file is available for downloading On December 12, 1997, President property or property interests are in the without charge in ASCII and Adobe Clinton issued Executive Order 13069, United States, hereafter come within the AcrobatR readable (*.PDF) formats. For 62 FR 65989, 3 CFR, 1997 Comp., p.232, United States, or are or hereafter come Internet access, the address for use with placing additional sanctions on UNITA, within the possession or control of the World Wide Web (Home Page), taking into account the provisions of United States persons. Section 2 Telnet, or FTP protocol is: United Nations Security Council prohibits the importation into the fedbbs.access.gpo.gov. The document is Resolutions 1127 of August 28, 1997, United States of all diamonds exported also accessible for downloading in and 1130 of September 29, 1997. from Angola that are not controlled ASCII format without charge from Effective 12:01 a.m. EST on December through the Certificate of Origin regime Treasury’s Electronic Library (‘‘TEL’’) in 15, 1997, Executive Order 13069 closes of the Angolan Government of Unity the ‘‘Research Mall’’ of the FedWorld all UNITA offices in the United States and National Reconciliation (the bulletin board. By modem, dial 703/ and prohibits various aircraft–related ‘‘GURN’’). Section 2 also prohibits the

VerDate 18-JUN-99 15:56 Aug 11, 1999 Jkt 183247 PO 00000 Frm 00028 Fmt 4700 Sfmt 4700 E:\FR\FM\12AUR1.XXX pfrm07 PsN: 12AUR1 Federal Register / Vol. 64, No. 155 / Thursday, August 12, 1999 / Rules and Regulations 43925 sale or supply by United States persons, 590. (Provisions in section 2 of definitions are revised, and all of the or from the United States or using U.S.– Executive Order 13069 relating to the definitions are placed in alphabetical registered vessels or aircraft, of granting of takeoff, landing, and order and renumbered accordingly. Due equipment used in mining and of overflight permission to certain aircraft to the substantial increase in regulated motorized vehicles, watercraft, or spare and the certification of airworthiness for commodities that are not normally parts for motorized vehicles or certain aircraft are not addressed by this controlled for export as dual–use items, watercraft, regardless of their origin, to final rule, but instead are implemented OFAC has decided to discontinue use of the territory of Angola other than by the Department of Transportation.) the Commerce Control List as the through designated points of entry. Section 590.204 of the Regulations, primary reference for defining the broad Finally, section 2 prohibits the sale or implementing section 2(b) of Executive categories of commodities now supply by U.S. persons, or from the Order 13098, prohibits the sale or regulated by the Regulations and to United States or using U.S.–registered supply by United States persons, or reference instead the relevant chapters, vessels or aircraft, of mining services or from the United States or using U.S.– headings, and subheadings of ground or waterborne transportation registered vessels or aircraft, of Harmonized Tariff Schedule of the services, regardless of their origin, to equipment used in mining, regardless of United States (‘‘HTS’’). Thus, the term persons in designated areas of Angola to origin, to the territory of Angola other ‘‘aircraft or aircraft components’’ is which the GURN’s State administration than through a point of entry designated defined in § 590.301 of the Regulations has not been extended. in new appendix B to part 590. Section by reference to the relevant chapter of Accordingly, to implement Executive 590.205 of the Regulations, the HTS. Similarly, the terms Orders 13069 and 13098, and to make implementing section 2(c) of Executive ‘‘diamonds,’’ ‘‘equipment used in technical and conforming changes, Order 13098, imposes the same mining,’’ and ‘‘motorized vehicles, OFAC is amending the Regulations. prohibition with respect to motorized watercraft, or spare parts for motorized Since the amendments are extensive, vehicles, watercraft, and spare parts for vehicles or watercraft’’ are defined in part 590 is being reissued in its entirety. motorized vehicles or watercraft. §§ 590.305, 590.308, and 590.313 New prohibitions are added to the Section 590.206 of the Regulations, respectively by reference to the relevant Regulations to reflect the new sanctions implementing section 2(d) of Executive HTS subheadings. For consistency, the imposed in Executive Orders 13069 and Order 13098, prohibits the sale or existing definitions for ‘‘arms and 13098, and certain existing prohibitions supply by United States persons, or related materiel’’ and ‘‘petroleum and are renumbered. The text of existing from the United States or using U.S.– petroleum products,’’ now located at § 590.202 has been replaced by new registered vessels or aircraft, of mining §§ 590.302 and 590.316 respectively, language implementing section 1 of services or ground or waterborne have been modified by replacing the Executive Order 13069, requiring the transportation services, regardless of references to the Commerce Control List closure of all UNITA offices located in origin, to persons in areas of Angola to with references to the relevant chapters the United States. The text of existing which the GURN’s State administration of the HTS. (However, in appendix A to § 590.203 has been moved to new has not been extended, as designated in part 590, which lists various arms and § 590.211 and replaced by new language new appendix D to part 590. related materiel, references to implementing the aircraft–related Section 590.207 of the Regulations, Commerce Control List categories have prohibitions contained in section 2 of implementing section 1 of Executive been retained and updated as an Executive Order 13069 that are within Order 13098, blocks all property and additional guide for exporters.) The the Treasury Department’s jurisdiction. interests in property that are in the terms ‘‘controlled through the Thus, § 590.203 now prohibits the sale, United States, that hereafter come Certificate of Origin regime of the supply, or making available in any form within the United States, or that are or by United States persons, or from the hereafter come within the possession or Angolan Government of Unity and United States or using U.S.–registered control of U.S. persons, including their National Reconciliation’’ and ‘‘mining vessels or aircraft, of aircraft or aircraft overseas branches, of UNITA and those services or ground or waterborne components, regardless of origin, to the senior UNITA officials or adult transportation services’’ are defined in territory of Angola, other than through members of their immediate families §§ 590.304 and 590.312 respectively, a point of entry designated in new designated by the Secretary of the and numerous definitions are added to appendix B to part 590, or to UNITA. Treasury or the Secretary’s delegate. As clarify the scope of the blocking ordered Section 590.203 also prohibits the defined in § 590.314 of the Regulations, in § 590.207 of the Regulations. To insuring, engineering, or servicing by UNITA includes all persons owned or implement the definition of ‘‘UNITA’’ in United States persons or from the controlled by or acting for or on behalf Executive Orders 13069 and 13098, the United States of any aircraft owned or of UNITA. Section 590.209 and 590.210 definition of the term ‘‘National Union controlled by UNITA. Finally, § 590.203 of the Regulations detail the effect of for the Total Independence of Angola,’’ prohibits the provision or making transfers of blocked property in or ‘‘UNITA,’’ located at § 590.314, is available of engineering and violation of the Regulations and the expanded to include ‘‘the Center for maintenance servicing, the payment of required holding of blocked property in Democracy in Angola (CEDA),’’ the new claims against insurance contracts interest–bearing accounts. successor to the Free Angola in existence as of December 15, 1997, Section 590.208 of the Regulations, Information Services, Inc. Finally, the and the provision, renewal, or making implementing section 2(a) of Executive definition of ‘‘effective date’’ in available of direct insurance by United Order 13098, prohibits the direct or § 590.306 is amended to include the States persons or from the United States indirect importation into the United effective dates of all new prohibitions after December 14, 1997, with respect to States of all diamonds exported from contained in the Regulations. aircraft registered in Angola, other than Angola after August 18, 1998, unless Subpart D of the Regulations is aircraft designated in new appendix C to those diamonds are controlled through amended to include interpretive part 590, or with respect to any aircraft the Certificate of Origin regime of the sections relating to blocked property that have entered the territory of Angola GURN. and interests in property and the new other than through a point of entry Various new definitions are added to import and export restrictions. The designated in new appendix B to part the Regulations, several existing existing interpretive sections concerning

VerDate 18-JUN-99 15:56 Aug 11, 1999 Jkt 183247 PO 00000 Frm 00029 Fmt 4700 Sfmt 4700 E:\FR\FM\12AUR1.XXX pfrm07 PsN: 12AUR1 43926 Federal Register / Vol. 64, No. 155 / Thursday, August 12, 1999 / Rules and Regulations transshipments through the United public participation, and delay in 590.209 Effect of transfers violating the States and transshipments through third effective date are inapplicable. Because provisions of this part. countries are revised to include the no notice of proposed rulemaking is 590.210 Holding of funds in interest–bearing commodities and services covered by required for this rule, the Regulatory accounts; investment and reinvestment. the new prohibitions. Flexibility Act (5 U.S.C. 601–612) does 590.211 Evasions; attempts; conspiracies. Subpart E of the Regulations is not apply. Subpart CÐGeneral Definitions amended to include several general Paperwork Reduction Act 590.301 Aircraft or aircraft components. licenses and to indicate that OFAC will 590.302 Arms and related materiel. consider granting specific licenses for As authorized in the APA, the 590.303 Blocked account; blocked property. transactions for medical and Regulations are being issued without 590.304 Controlled through the Certificate of humanitarian purposes otherwise prior notice and public comment. The Origin Regime of the Angolan prohibited under §§ 590.203 through collections of information related to the Government of Unity and National 590.208 of the Regulations. Subpart F of Regulations are contained in 31 CFR Reconciliation. the Regulations is amended to reflect part 501 (the ‘‘Reporting and Procedures 590.305 Diamonds. the relocation of sections relating to Regulations’’). Pursuant to the 590.306 Effective date. OFAC records and reports to subpart C Paperwork Reduction Act of 1995 (44 590.307 Entity. of 31 CFR part 501. Technical and U.S.C. 3507), those collections of 590.308 Equipment used in mining. conforming changes are made to subpart information have been approved by the 590.309 General license. Office of Management and Budget 590.310 Interest. G of the Regulations, relating to 590.311 License. penalties. Subpart H of the Regulations (‘‘OMB’’) under control number 1505– 590.312 Mining services or ground or is amended to reflect the relocation of 0164. An agency may not conduct or waterborne transportation services. sections containing license application sponsor, and a person is not required to 590.313 Motorized vehicles, watercraft, or procedures and procedures relating to respond to, a collection of information spare parts for motorized vehicles or amendments, modifications, or unless the collection of information watercraft. revocations of licenses; administrative displays a valid control number. 590.314 National Union for the Total decisions; rulemaking; and requests for Independence of Angola; UNITA. documents pursuant to the Freedom of List of Subjects in 31 CFR Part 590 590.315 Person. Information and Privacy Acts (5 U.S.C. 590.316 Petroleum and petroleum products. Administrative practice and 590.317 Property; property interest. 552 and 552a) to subpart D of 31 CFR procedure, Aircraft, Aircraft services, part 501. Subpart I of the Regulations is 590.318 Specific license. Angola, Arms and munitions, Blocking 590.319 Transfer. amended to include a Paperwork of assets, Diamonds, Exports, Foreign 590.320 United States. Reduction Act notice. trade, Imports, Insurance, Mining 590.321 United States person; U.S. person. Five new appendices are added to the equipment, Mining services, Motorized 590.322 U.S. financial institution. Regulations. Appendix B to part 590 vehicles, National Union for the Total Subpart DÐInterpretations contains the list of points of entry in the Independence of Angola, Penalties, territory of Angola designated for the Petroleum, Reporting and recordkeeping 590.401 Reference to amended sections. purposes of the exceptions to certain requirements, Shipping, Transportation 590.402 Effect of amendment. 590.403 Termination and acquisition of an prohibitions in §§ 590.201, 590.203, services, UNITA, Vessels. 590.204, and 590.205. The list of these interest in blocked property. For the reasons set forth in the points of entry currently contained in 590.404 Setoffs prohibited. preamble, 31 CFR part 590 is revised to § 590.201(b) is removed and transferred 590.405 Transactions incidental to a licensed read as follows: transaction. to new appendix B to part 590. This 590.406 Offshore transactions. amendment will allow both the existing 590.407 Transshipments through the United and new sections to refer to the same PART 590ÐANGOLA (UNITA) SANCTIONS REGULATIONS States prohibited. list of designated points of entry 590.408 Exports to third countries; without unneeded repetition. Appendix Subpart AÐRelation of This Part to Other transshipments. C to part 590 contains the list of Laws and Regulations 590.409 Payments from blocked accounts to U.S. exporters and for other obligations designated aircraft to which certain Sec. prohibited. prohibitions contained in § 590.203 do 590.101 Relation of this part to other laws not apply. Appendix D to part 590 lists and regulations. 590.410 Provision of services. those areas to which the GURN’s State 590.411 Importation of diamonds mined administration has not been extended Subpart BÐProhibitions outside of Angola. for purposes of the prohibition in 590.201 Prohibited sale or supply of arms, 590.412 Importation into and release from a bonded warehouse or foreign trade zone. § 590.206. Appendices E and F to part arms materiel, petroleum, or petroleum 590 are non–exhaustive lists of the products. Subpart EÐLicenses, Authorizations, and 590.202 Required closure of UNITA offices in Statements of Licensing Policy items considered to be equipment used the United States. in mining, motorized vehicles, 590.203 Prohibited aircraft–related 590.501 General and specific licensing watercraft, and spare parts for motorized transactions. procedures. vehicles and watercraft, which are 590.204 Prohibited sale or supply of 590.502 Effect of license. subject to the prohibitions in §§ 590.204 equipment used in mining. 590.503 Exclusion from licenses. and 590.205. 590.205 Prohibited sale or supply of 590.504 Exemptions for medical and Other technical amendments are also motorized vehicles, watercraft, or spare humanitarian purposes. made. parts for motorized vehicles or 590.505 Payments and transfers to blocked Since the Regulations involve a watercraft. accounts in U.S. financial institutions. 590.506 Entries in certain accounts for foreign affairs function, the provisions 590.206 Prohibited sale or supply of mining services or ground or waterborne normal service charges authorized. of Executive Order 12866 and the transportation services. 590.507 Provision of certain legal services Administrative Procedure Act (5 U.S.C. 590.207 Prohibited transactions involving authorized. 553) (the ‘‘APA’’) requiring notice of blocked property. 590.508 Investment and reinvestment of proposed rulemaking, opportunity for 590.208 Prohibited importation of diamonds. certain funds.

VerDate 18-JUN-99 15:56 Aug 11, 1999 Jkt 183247 PO 00000 Frm 00030 Fmt 4700 Sfmt 4700 E:\FR\FM\12AUR1.XXX pfrm07 PsN: 12AUR1 Federal Register / Vol. 64, No. 155 / Thursday, August 12, 1999 / Rules and Regulations 43927

Subpart FÐReports (b) No license contained in or issued available of direct insurance by United 590.601 Records and reports. pursuant to this part relieves the States persons or from the United States involved parties from complying with with respect to any aircraft that: Subpart GÐPenalties any other applicable laws or regulations. (1) Is registered in Angola other than 590.701 Penalties. aircraft designated in appendix C to this 590.702 Prepenalty notice. part; or 590.703 Response to prepenalty notice; Subpart BÐProhibitions (2) Has entered the territory of Angola informal settlement. § 590.201 Prohibited sale or supply of 590.704 Penalty imposition or withdrawal. other than through a point of entry arms, arms materiel, petroleum, or designated in appendix B to this part. 590.705 Administrative collection; referral to petroleum products. United States Department of Justice. Note to § 590.203: Additional prohibitions Except as otherwise authorized, the exist on (1) the granting of takeoff, landing, Subpart HÐProcedures sale or supply by United States persons, and overflight permission for aircraft that are 590.801 Procedures. or from the United States or using U.S.– en route to or from a point in the territory 590.802 Delegation by the Secretary of the registered vessels or aircraft, or any of Angola other than a point of entry Treasury. activity by United States persons or in designated in appendix B to this part, and (2) the certification of airworthiness with respect Subpart IÐPaperwork Reduction Act the United States that promotes or is calculated to promote the sale or to any aircraft registered in Angola, other 590.901 Paperwork Reduction Act notice. than aircraft designated in appendix C to this supply, of arms and related materiel of part, or with respect to any aircraft that has Appendix A to Part 590ÐArms and Related all types (as defined in § 590.302) or Materiel entered Angola other than through a point of petroleum and petroleum products (as entry designated in appendix B to this part. Appendix B to Part 590ÐDesignated Points defined in § 590.316), regardless of These prohibitions are not included in this of Entry in the Territory of Angola origin, is prohibited if such sale or part because they fall within the jurisdiction of the U.S. Department of Transportation and Appendix C to Part 590ÐDesignated supply is to: the Federal Aviation Administration. Persons Aircraft of Angolan Registry [Reserved] (a) UNITA; or (b) The territory of Angola other than involved in these transactions are directed to Appendix D to Part 590ÐDesignated Areas through a point of entry designated in review the rules of the Department of of Angola to Which State Administration appendix B to this part. Transportation and the Federal Aviation Has Not Been Extended Note to § 590.201: The exportation of Administration or to contact those agencies for assistance. Appendix E to Part 590ÐEquipment Used in arms–related items to Angola may require separate authorization from the Bureau of Mining (Harmonized Tariff Schedule § 590.204 Prohibited sale or supply of Export Administration, U.S. Department of Subheadings) equipment used in mining. Commerce, under the Export Administration Appendix F to Part 590ÐMotorized Regulations, 15 CFR subchapter C. Except as otherwise authorized, the Vehicles, Watercraft, or Spare Parts for sale or supply by United States persons, Motorized Vehicles or Watercraft § 590.202 Required closure of UNITA or from the United States or using U.S.– (Harmonized Tariff Schedule Subheadings) offices in the United States. registered vessels or aircraft, of Except as otherwise authorized, all Authority: 3 U.S.C. 301; 22 U.S.C. 287c; 31 equipment used in mining (as defined U.S.C. 321(b); 50 U.S.C. 1601–1651, 1701– UNITA offices operating in the United in § 590.308), regardless of origin, to the 1706; Pub. L. 101–410, 104 Stat. 890 (28 States shall immediately and completely territory of Angola other than through a U.S.C. 2461 note); E.O. 12865, 58 FR 51005, close. point of entry designated in appendix B 3 CFR, 1993 Comp., p.636; E.O. 13069, 62 FR § 590.203 Prohibited aircraft±related to this part is prohibited. 65989, 3 CFR, 1997 Comp., p.232; E.O. transactions. Note to § 515.204: The export to Angola of 13098, 63 FR 44771, 3 CFR, 1998 Comp., equipment used in mining is also subject to p.206 Except as otherwise authorized, the the Export Administration Regulations, 15 following are prohibited: CFR subchapter C, and may require separate Subpart AÐRelation of This Part to (a) The sale, supply, or making authorization from the Bureau of Export Other Laws andRegulations available in any form by United States Administration, U.S. Department of persons, or from the United States or Commerce. § 590.101 Relation of this part to other using U.S.–registered vessels or aircraft, laws and regulations. of any aircraft or aircraft components (as § 590.205 Prohibited sale or supply of (a) This part is separate from, and defined in § 590.301), regardless of motorized vehicles, watercraft, or spare independent of, the other parts of this origin, to: parts for motorized vehicles or watercraft. chapter, with the exception of part 501 (1) UNITA; or Except as otherwise authorized, the of this chapter, the provisions of which (2) The territory of Angola other than sale or supply by United States persons, apply to this part. Actions taken through a point of entry designated in or from the United States or using U.S.– pursuant to part 501 of this chapter with appendix B to this part; registered vessels or aircraft, of respect to the prohibitions contained in Note to paragraph (a): The exportation of motorized vehicles, watercraft, or spare this part are considered actions taken aircraft–related items to Angola may require parts for motorized vehicles or separate authorization from the Bureau of pursuant to this part. Differing foreign watercraft (as defined in § 590.313), Export Administration, U.S. Department of regardless of origin, to the territory of policy and national security contexts Commerce, under the Export Administration may result in differing interpretations of Regulations, 15 CFR subchapter C. Angola other than through a point of similar language among the parts of this (b) The insurance, engineering, or entry designated in appendix B to this chapter. No license or authorization servicing by United States persons or part is prohibited. contained in or issued pursuant to those from the United States of any aircraft Note to § 515.204: The export to Angola of other parts authorizes any transaction motorized vehicles, watercraft, or spare parts owned or controlled by UNITA; for motorized vehicles or watercraft is also prohibited by this part. No license or (c) The provision or making available subject to the Export Administration authorization contained in or issued of engineering and maintenance Regulations, 15 CFR subchapter C, and may pursuant to any other provision of law servicing, the payment of new claims require separate authorization from the or regulation authorizes any transaction against existing insurance contracts, or Bureau of Export Administration, U.S. prohibited by this part. the provision, renewal, or making Department of Commerce.

VerDate 18-JUN-99 15:56 Aug 11, 1999 Jkt 183247 PO 00000 Frm 00031 Fmt 4700 Sfmt 4700 E:\FR\FM\12AUR1.XXX pfrm07 PsN: 12AUR1 43928 Federal Register / Vol. 64, No. 155 / Thursday, August 12, 1999 / Rules and Regulations

§ 590.206 Prohibited sale or supply of a party to the transaction believes the in cases in which such person is able to mining services or ground or waterborne funds have been blocked due to establish to the satisfaction of the transportation services. mistaken identity, that party may seek Director of the Office of Foreign Assets Except as otherwise authorized, the to have such funds unblocked pursuant Control each of the following: sale or supply by United States persons, to the administrative procedures set (1) Such transfer did not represent a or from the United States or using U.S.– forth in § 501.806 of this chapter. willful violation of the provisions of this registered vessels or aircraft, of mining part by the person with whom such services or ground or waterborne § 590.208 Prohibited importation of property was held or maintained; transportation services (as defined in diamonds. (2) The person with whom such § 590.312), regardless of origin, to Except as otherwise authorized, the property was held or maintained did not persons in areas of Angola to which direct or indirect importation into the have reasonable cause to know or State administration has not been United States on or after 12:01 a.m. EDT suspect, in view of all the facts and extended, as designated in appendix D on August, 19, 1998, of all diamonds (as circumstances known or available to to this part, is prohibited. defined in § 590.305) exported from such person, that such transfer required Angola that are not controlled through a license issued pursuant to this part § 590.207 Prohibited transactions the Certificate of Origin regime of the and was not so licensed, or if a license involving blocked property. Angolan Government of Unity and did purport to cover the transfer, that (a) Except as otherwise authorized, no National Reconciliation (as defined in such license had been obtained by property or interests in property that are § 590.304) is prohibited. misrepresentation of a third party or in the United States, that hereafter come withholding of material facts or was within the United States, or that are or § 590.209 Effect of transfers violating the provisions of this part. otherwise fraudulently obtained; and hereafter come within the possession or (3) The person with whom such control of United States persons, (a) Any transfer after the effective date property was held or maintained filed including their overseas branches, of that is in violation of any provision of with the Office of Foreign Assets UNITA or of those senior officials of this part or of any regulation, order, Control a report setting forth in full the UNITA or adult members of their directive, ruling, instruction, or license circumstances relating to such transfer immediate families who are designated issued pursuant to this part, and that promptly upon discovery that: by the Secretary of the Treasury or the involves any property or interest in (i) Such transfer was in violation of Secretary’s delegate may be transferred, property blocked pursuant to the provisions of this part or any paid, exported, withdrawn, or otherwise § 590.207(a) is null and void and shall regulation, ruling, instruction, direction, dealt in. not be the basis for the assertion or or license issued pursuant to this part; Note to paragraph (a) of § 590.207: Please recognition of any interest in or right, (ii) Such transfer was not licensed or refer to the appendices at the end of this remedy, power, or privilege with respect authorized by the Director of the Office chapter V for listings of senior officials of to such property or property interest. of Foreign Assets Control; or UNITA and adult members of their (b) No transfer before the effective (iii) If a license did purport to cover immediate families designated pursuant to date shall be the basis for the assertion this section. Section 501.807 of this chapter the transfer, such license had been V sets forth the procedures to be followed by or recognition of any right, remedy, obtained by misrepresentation of a third persons seeking administrative power, or privilege with respect to, or party or withholding of material facts or reconsideration of their designation or who any interest in, any property or interest was otherwise fraudulently obtained. wish to assert that the circumstances in property blocked pursuant to Note to paragraph (d) of § 590.209: The resulting in designation no longer apply. § 590.207(a), unless the person with filing of a report in accordance with the (b) Unless otherwise authorized by whom such property is held or provisions of paragraph (d)(3) of this section this part or by a specific license maintained, prior to that date, had shall not be deemed evidence that the terms of paragraphs (d)(1) and (d)(2) of this section expressly referring to this section, any written notice of the transfer or by any have been satisfied. dealing in any security (or evidence written evidence had recognized such (e) Unless licensed pursuant to this thereof) held within the possession or transfer. part, any attachment, judgment, decree, control of a U.S. person and either (c) Unless otherwise provided, an lien, execution, garnishment, or other registered or inscribed in the name of or appropriate license or other judicial process is null and void with known to be held for the benefit of any authorization issued by or pursuant to respect to any property in which on or person whose property is blocked the direction or authorization of the since the effective date of § 590.207 pursuant to this section is prohibited. Director of the Office of Foreign Assets there existed an interest of a person This prohibition includes but is not Control before, during, or after a transfer whose property is blocked pursuant to limited to the transfer (including the shall validate such transfer or make it § 590.207(a). transfer on the books of any issuer or enforceable to the same extent that it agent thereof), disposition, would be valid or enforceable but for § 590.210 Holding of funds in interest± transportation, importation, exportation, the provisions of the International bearing accounts; investment and or withdrawal of any such security or Emergency Economic Powers Act, the reinvestment. the endorsement or guaranty of United Nations Participation Act, this (a) Except as provided in paragraph signatures on any such security. This part, and any regulation, order, (c) or (d) of this section, or as otherwise prohibition applies irrespective of the directive, ruling, instruction, or license directed by the Office of Foreign Assets fact that at any time (either prior to, on, issued pursuant to this part. Control, any U.S. person holding funds, or subsequent to the effective date) the (d) Property transfers that otherwise such as currency, bank deposits, or registered or inscribed owner of any would be null and void or liquidated financial obligations, subject such security may have or appears to unenforceable by virtue of the to § 590.207(a) shall hold or place such have assigned, transferred, or otherwise provisions of this section shall not be funds in a blocked interest–bearing disposed of the security. deemed to be null and void or account located in the United States. (c) When a transaction results in the unenforceable as to any person with (b)(1) For purposes of this section, the blocking of funds at a financial whom such property was held or term blocked interest–bearing account institution pursuant to this section and maintained (and as to such person only) means a blocked account:

VerDate 18-JUN-99 15:56 Aug 11, 1999 Jkt 183247 PO 00000 Frm 00032 Fmt 4700 Sfmt 4700 E:\FR\FM\12AUR1.XXX pfrm07 PsN: 12AUR1 Federal Register / Vol. 64, No. 155 / Thursday, August 12, 1999 / Rules and Regulations 43929

(i) In a federally–insured U.S. bank, after the effective date that evades or § 590.305 Diamonds. thrift institution, or credit union, avoids, has the purpose of evading or The term diamonds means all provided the funds are earning interest avoiding, or attempts to violate any of diamonds described in heading 7102 of at rates that are commercially the prohibitions set forth in this part is the Harmonized Tariff Schedule of the reasonable; or prohibited. Any conspiracy formed for United States; all diamond dust (ii) With a broker or dealer registered the purpose of engaging in a transaction described in subheading 7105.10 of the with the Securities and Exchange prohibited by this part is prohibited. Harmonized Tariff Schedule of the Commission under the Securities United States; all diamond jewelry Exchange Act of 1934, provided the Subpart CÐGeneral Definitions described in subheadings 7116.20.05– funds are invested in a money market .15 of the Harmonized Tariff Schedule § 590.301 Aircraft or aircraft components. fund or in U.S. Treasury bills. of the United States; and any items (2) For purposes of this section, a rate The term aircraft or aircraft described elsewhere in the Harmonized is commercially reasonable if it is the components means all aircraft, Tariff Schedule of the United States rate currently offered to other depositors spacecraft, and parts thereof described containing diamonds or diamond dust. on deposits or instruments of in chapter 88 of the Harmonized Tariff comparable size and maturity. Schedule of the United States and any § 590.306 Effective date. (3) Funds held or placed in a blocked other items that the supplier knows or The term effective date refers to each account pursuant to this paragraph (b) has reason to know are intended to be of the effective dates of the applicable may not be invested in instruments the used as a part or spare part of an aircraft prohibitions and directives of this part maturity of which exceeds 180 days. If or spacecraft. as follows: interest is credited to a separate blocked (a) With respect to § 590.201 and any § 590.302 Arms and related materiel. account or sub–account, the name of the prohibitions under § 590.211 related to account party on each account must be The term arms and related materiel § 590.201, 4:35 p.m. EDT on September the same. means all items listed in appendix A to 26, 1993. (c) Blocked funds held in instruments this part; all items described in chapter (b) With respect to §§ 590.202 and the maturity of which exceeds 180 days 93 of the Harmonized Tariff Schedule of 590.203 and any prohibitions under at the time the funds become subject to the United States; any other items § 590.211 related to §§ 590.202 or § 590.207(a) may continue to be held designed as or for use with a weapon; 590.203, 12:01 a.m. EST on December until maturity in the original all items controlled under the 15, 1997. instrument, provided any interest, International Traffic in Arms (c) With respect to §§ 590.204, earnings, or other proceeds derived Regulations, 22 CFR parts 120 through 590.205, 590.206, 590.207, 590.208, therefrom are paid into a blocked 130; and any other items controlled for 590.209, and 590.210 and any interest–bearing account in accordance export as arms or related materiel by prohibitions under § 590.211 related to with paragraph (b) or (d) of this section. any office or agency of the United §§ 590.204, 590.205, 590.206, 590.207, (d) Blocked funds held in accounts or States. 590.208, 590.209, or 590.210, 12:01 a.m. instruments outside the United States at EDT on August, 19, 1998, or in the case the time the funds become subject to § 590.303 Blocked account; blocked property. of senior officials of UNITA or adult § 590.207(a) may continue to be held in members of their immediate families the same type of accounts or The terms blocked account and who are designated after that date, the instruments, provided the funds earn blocked property mean any account or earlier of the date on which a person interest at rates that are commercially property subject to the prohibition in receives actual or constructive notice of reasonable. § 590.207, held in the name of a person such designation. (e) This section does not create an whose property is blocked pursuant to affirmative obligation for the holder of § 590.207(a) or in which such person § 590.307 Entity. blocked tangible property, such as has an interest, and with respect to The term entity means a partnership, chattels or real estate, or of other which payments, transfers, exportations, association, trust, joint venture, blocked property, such as debt or equity withdrawals, or other dealings may not corporation, or other organization. securities, to sell or liquidate such be made or effected except pursuant to property at the time the property a license from the Office of Foreign § 590.308 Equipment used in mining. becomes subject to § 590.207(a). Assets Control authorizing such action. The term equipment used in mining However, the Office of Foreign Assets means all items described in any of the Control may issue licenses permitting or § 590.304 Controlled through the Harmonized Tariff Schedule Certificate of Origin regime of the Angolan directing such sales in appropriate Government of Unity and National subheadings listed in appendix E to this cases. Reconciliation. part and any other equipment that the (f) Funds subject to this section may supplier knows or has reason to know not be held, invested, or reinvested in The term controlled through the is intended for use in the activities of a manner that provides immediate Certificate of Origin regime of the prospecting or mining. financial or economic benefit or access Angolan Government of Unity and to persons whose property is blocked National Reconciliation means § 590.309 General license. pursuant to § 590.207(a), nor may their accompanied by any documentation The term general license means any holder cooperate in or facilitate the that demonstrates to the satisfaction of license the terms of which are set forth pledging or other attempted use as the United States Customs Service (or in this part. analogous officials of a United States collateral of blocked funds or other § 590.310 Interest. assets. territory or possession with its own customs administration) that the Except as otherwise provided in this § 590.211 Evasions; attempts; diamonds were legally exported from part, the term interest when used with conspiracies. Angola with the approval of the respect to property (e.g., an interest in Any transaction by any United States Angolan Government of Unity and property) means an interest of any person or within the United States on or National Reconciliation. nature whatsoever, direct or indirect.

VerDate 18-JUN-99 15:56 Aug 11, 1999 Jkt 183247 PO 00000 Frm 00033 Fmt 4700 Sfmt 4700 E:\FR\FM\12AUR1.XXX pfrm07 PsN: 12AUR1 43930 Federal Register / Vol. 64, No. 155 / Thursday, August 12, 1999 / Rules and Regulations

§ 590.311 License. § 590.316 Petroleum and petroleum making of any payment; the setting off Except as otherwise specified, the products. of any obligation or credit; the term license means any license or The term petroleum and petroleum appointment of any agent, trustee, or authorization contained in or issued products means all items described in fiduciary; the creation or transfer of any pursuant to this part. chapter 27 of the Harmonized Tariff lien; the issuance, docketing, filing, or Schedule of the United States and any levy of or under any judgment, decree, § 590.312 Mining services or ground or synthetic or part–synthetic replacement attachment, injunction, execution, or waterborne transportation services. therefore. other judicial or administrative process The term mining services or ground or or order; the service of any garnishment; waterborne transportation services § 590.317 Property; property interest. the acquisition of any interest of any means any services that are part of The terms property and property nature whatsoever by reason of a prospecting, mining, or carrying persons interest include but are not limited to judgment or decree of any foreign or cargo by land or water. money, checks, drafts, bullion, bank country; the fulfillment of any deposits, savings accounts, debts, condition; the exercise of any power of § 590.313 Motorized vehicles, watercraft, indebtedness, obligations, notes, appointment, power of attorney, or or spare parts for motorized vehicles or guarantees, debentures, stocks, bonds, watercraft. other power; or the acquisition, coupons, any other financial disposition, transportation, importation, The term motorized vehicles, instruments, bankers acceptances, exportation, or withdrawal of any watercraft, or spare parts for motorized mortgages, pledges, liens or other rights security. vehicles or watercraft means all items in the nature of security, warehouse described in any of the Harmonized receipts, bills of lading, trust receipts, § 590.320 United States. Tariff Schedule subheadings listed in bills of sale, any other evidences of title, The term United States means the Appendix F to this part and any other ownership, or indebtedness, letters of United States, its territories and items that the supplier knows or has credit and any documents relating to possessions, and all areas under the reason to know are intended for use as any rights or obligations thereunder, jurisdiction or authority thereof. motorized vehicles, watercraft, or spare powers of attorney, goods, wares, parts for motorized vehicles or § 590.321 United States person; U.S. merchandise, chattels, stocks on hand, person. watercraft. ships, goods on ships, real estate The term United States person or U.S. § 590.314 National Union for the Total mortgages, deeds of trust, vendors’ sales person means any United States citizen, Independence of Angola; UNITA. agreements, land contracts, leaseholds, permanent resident alien, entity ground rents, real estate and any other The term National Union for the Total organized under the laws of the United interest therein, options, negotiable Independence of Angola, or UNITA, States (including foreign branches), or instruments, trade acceptances, includes: any person in the United States. royalties, book accounts, accounts (a) Any entity, political subdivision, payable, judgments, patents, trademarks § 590.322 U.S. financial institution. agency, or instrumentality of UNITA, or copyrights, insurance policies, safe The term U.S. financial institution including without limitation: deposit boxes and their contents, means any U.S. entity (including foreign (1) The Unia˜o Nacional para a annuities, pooling agreements, services branches) that is engaged in the Independencia Total de Angola of any nature whatsoever, contracts of business of accepting deposits, making, (UNITA), known in English as the any nature whatsoever, and any other granting, transferring, holding, or ‘‘National Union for the Total property, real, personal, or mixed, brokering loans or credits, or purchasing Independence of Angola’’; tangible or intangible, or interest or or selling foreign exchange, securities, (2) The Forcas Armadas para a interests therein, whether present, commodity futures or options, as ˜ Liberac¸ao de Angola (FALA), known in future, or contingent. principal or agent. This terms includes English as the ‘‘Armed Forces for the but is not limited to depository Liberation of Angola’’; § 590.318 Specific license. institutions, banks, savings banks, trust (3) The Free Angola Information The term specific license means any companies, securities brokers and Service, Inc.; and license not set forth in this part but dealers, commodity futures and options (4) The Center for Democracy in issued pursuant to this part. brokers and dealers, forward contract Angola (CEDA); § 590.319 Transfer. and foreign exchange merchants, (b) Any person or entity substantially securities and commodities exchanges, owned or controlled by any of the The term transfer means any actual or clearing corporations, investment foregoing; purported act or transaction, whether or companies, employee benefit plans, and (c) Any person to the extent that such not evidenced by writing, and whether U.S. holding companies, U.S. affiliates, person is or has been, or to the extent or not done or performed within the or U.S. subsidiaries of any of the that there is reasonable cause to believe United States, the purpose, intent, or foregoing. This term includes those that such person is or has been, since effect of which is to create, surrender, branches, offices, and agencies of the effective date, acting or purporting release, convey, transfer, or alter, foreign financial institutions which are to act directly or indirectly for or on directly or indirectly, any right, remedy, located in the United States, but not behalf of any of the foregoing; and power, privilege, or interest with respect such institutions’ headquarters, (d) Any other person determined by to any property. Without limitation branches, offices, or agencies. the Director of the Office of Foreign upon the foregoing, the term transfer Assets Control to be included within includes the making, execution, or Subpart DÐInterpretations paragraphs (a) through (c) of this delivery of any assignment, power, section. conveyance, check, declaration, deed, § 590.401 Reference to amended sections. deed of trust, power of attorney, power Except as otherwise specified, § 590.315 Person. of appointment, bill of sale, mortgage, reference to any provision in or The term person means an individual receipt, agreement, contract, certificate, appendix to this part or chapter or to or entity. gift, sale, affidavit, or statement; the any regulation, ruling, order,

VerDate 18-JUN-99 15:56 Aug 11, 1999 Jkt 183247 PO 00000 Frm 00034 Fmt 4700 Sfmt 4700 E:\FR\FM\12AUR1.XXX pfrm07 PsN: 12AUR1 Federal Register / Vol. 64, No. 155 / Thursday, August 12, 1999 / Rules and Regulations 43931 instruction, direction, or license issued accounts blocked pursuant to 1998 and are not controlled through the pursuant to this part refers to the same § 590.207(a) are not considered Certificate of Origin regime of the as currently amended. incidental to a licensed transaction and Angolan Government of Unity and therefore remain prohibited. National Reconciliation. In the case of § 590.402 Effect of amendment. diamonds transported by vessel, the Unless otherwise specifically § 590.406 Offshore transactions. prohibition in § 590.208 applies to the provided, any amendment, (a) The prohibitions contained in unlading in the United States and the modification, or revocation of any § 590.207 apply to transactions by any intent to unlade in the United States of provision in or appendix to this part or U.S. person in a location outside the diamonds intended or destined for third chapter or of any order, regulation, United States with respect to property countries if the diamonds were exported ruling, instruction, or license issued by in which the U.S. person knows, or has from Angola on or after 12:01 a.m. EDT or under the direction of the Director of reason to know, that a person whose on August 19, 1998 and are not the Office of Foreign Assets Control property is blocked pursuant to controlled through the Certificate of does not affect any act done or omitted, § 590.207(a) has or has had an interest Origin regime of the Angolan or any civil or criminal suit or since the effective date of § 590.207. Government of Unity and National proceeding commenced or pending (b) Transactions by a U.S. person Reconciliation. prior to such amendment, modification, prohibited by § 590.207 include but are (c) Goods imported into or or revocation. All penalties, forfeitures, not limited to: transshipped through the United States and liabilities under any such order, (1) Importation into or exportation are blocked pursuant to § 590.207(a) if regulation, ruling, instruction, or license from locations outside the United States those goods constitute property in continue and may be enforced as if such of goods, technology, or services in which a person whose property is amendment, modification, or revocation which the U.S. person knows, or has blocked pursuant to § 590.207(a) has or had not been made. reason to know, that a person whose has had an interest since the effective § 590.403 Termination and acquisition of property is blocked pursuant to date of § 590.207. an interest in blocked property. § 590.207(a) has or has had an interest § 590.408 Exports to third countries; (a) Whenever a transaction licensed since the effective date of § 590.207. (2) Purchasing, selling, financing, transshipments. pursuant to this part results in the transfer of property (including any swapping, insuring, transporting, lifting, (a) The prohibitions in §§ 590.201 and property interest) away from a person storing, incorporating, transforming, 590.203 include the exportation of arms whose property is blocked pursuant to brokering, or otherwise dealing in, and related materiel, petroleum and § 590.207(a), the transferred property within locations outside the United petroleum products, and aircraft or will no longer be considered property in States, goods, technology, or services in aircraft components to third countries if which that person has or has had an which the U.S. person knows, or has the exporter knows or has reason to interest. Provided no other person reason to know, that a person whose know that the goods are intended for whose property is blocked pursuant to property is blocked pursuant to reexportation or transshipment to the § 590.207(a) has any interest in the § 590.207(a) has or has had an interest territory of Angola, other than through transferred property following the since the effective date of § 590.207. a point of entry designated in appendix transfer, the transferred property will no (c) Examples. (1) A U.S. person may B to this part, or to UNITA, including longer be considered property blocked not, within the United States or abroad, passage through or storage in pursuant to § 590.207(a). purchase, sell, finance, insure, intermediate destinations. (b) Unless otherwise specifically transport, act as a broker for the sale or (b) The prohibitions in §§ 590.204 and provided in a license issued pursuant to transport of, or otherwise deal in the 590.205 include the exportation of this part, if property (including any personal possessions of any person equipment used in mining, motorized property interest) is transferred or whose property is blocked pursuant to vehicles, watercraft, or spare parts for attempted to be transferred to a person § 590.207(a). motorized vehicles or watercraft to third whose property is blocked pursuant to (2) A U.S. person may not, within the countries if the exporter knows or has § 590.207(a), such property shall be United States or abroad, enter into any reason to know that the goods are deemed to be property in which that contract for any goods or services with intended for reexportation or person has an interest, and such UNITA or with any other person whose transshipment to the territory of Angola property is therefore blocked pursuant property is blocked pursuant to other than through a point of entry to § 590.207(a). § 590.207(a). designated in appendix B to this part, including passage through or storage in § 590.404 Setoffs prohibited. § 590.407 Transshipments through the United States prohibited. intermediate destinations. A setoff against blocked property (c) The prohibitions in § 590.206 (including a blocked account), whether (a) The prohibitions in §§ 590.201, include the exportation of mining by a U.S. bank or other U.S. person, is 590.203, 590.204, 590.205, and 590.206 services or ground or waterborne a prohibited transfer under § 590.207(a) apply to the importation into the United transportation services to third if effected after the effective date. States, for transshipment or transit, of countries if the exporter knows or has goods or services intended or destined reason to know that the services are § 590.405 Transactions incidental to a to be sold, supplied, or provided in licensed transaction. intended for persons in areas of Angola violation of §§ 590.201, 590.203, to which State administration has not Any transaction ordinarily incident to 590.204, 590.205, or 590.206. been extended, as designated in a licensed transaction and necessary to (b) The prohibition in § 590.208 appendix D to this part. give effect to the licensed transaction is applies to the importation into the also authorized by the license. Except as United States, for transshipment or § 590.409 Payments from blocked specifically authorized by the terms of transit, of diamonds intended or accounts to U.S. exporters and for other a license, prohibited transactions by destined for third countries if the obligations prohibited. persons whose property is blocked diamonds were exported from Angola No debits may be made to a blocked pursuant to § 590.207(a) and debits to on or after 12:01 a.m. EDT on August 19, account to pay obligations to U.S.

VerDate 18-JUN-99 15:56 Aug 11, 1999 Jkt 183247 PO 00000 Frm 00035 Fmt 4700 Sfmt 4700 E:\FR\FM\12AUR1.XXX pfrm07 PsN: 12AUR1 43932 Federal Register / Vol. 64, No. 155 / Thursday, August 12, 1999 / Rules and Regulations persons or other persons, including transaction is specifically authorized in transfer is made from an account within payment for goods or services exported such license. the United States to an account held prior to the effective date of the (b) No regulation, ruling, instruction, outside the United States, and further blocking, except as authorized pursuant or license authorizes any transaction provided that a transfer from a blocked to this part. prohibited by this part unless the account may only be made to another regulation, ruling, instruction, or license blocked account held in the same name. § 590.410 Provision of services. is issued by the Office of Foreign Assets Note to § 590.505: Please refer to part 501, (a) The prohibitions contained in Control and specifically refers to this subpart C of this chapter for mandatory § 590.207 apply to services performed part. No regulation, ruling, instruction, reporting requirements regarding financial by U.S. persons, wherever located: or license referring to this part transfers. See also § 590.210 concerning the (1) On behalf of or for the benefit of authorizes any transaction prohibited by obligation to hold blocked funds in interest– a person whose property is blocked any provision of this chapter unless the bearing accounts. pursuant to § 590.207(a); or regulation, ruling, instruction, or license § 590.506 Entries in certain accounts for (2) With respect to property interests specifically refers to such provision. normal service charges authorized. of a person whose property is blocked (c) Any regulation, ruling, instruction, (a) U.S. financial institutions are pursuant to § 590.207(a). or license authorizing any transaction hereby authorized to debit any blocked (b) Example. U.S. persons may not, otherwise prohibited by this part has the account with such U.S. financial without specific authorization from the effect of removing from the transaction institution in payment or Office of Foreign Assets Control, a prohibition or prohibitions contained reimbursement for normal service represent an individual or entity with in this part, but only to the extent charges owed to such U.S. financial respect to contract negotiations, contract specifically stated by its terms. Unless institution by the owner of such blocked performance, commercial arbitration, or the regulation, ruling, instruction, or account. other business dealings with persons license otherwise specifies, such an (b) As used in this section, the term whose property is blocked pursuant to authorization does not create any right, normal service charges includes but is § 590.207(a). See § 590.507 on licensing duty, obligation, claim, or interest that not limited to charges in payment or policy with regard to the provision of would not otherwise exist under reimbursement for interest due; cable, certain legal services. ordinary principles of law in or with telegraph, or telephone charges; postage respect to any property. § 590.411 Importation of diamonds mined costs; custody fees; small adjustment outside of Angola. § 590.503 Exclusion from licenses. charges to correct bookkeeping errors; The importation prohibition in The Director of the Office of Foreign minimum balance charges; notary and § 590.208 applies to diamonds exported Assets Control reserves the right to protest fees; and charges for reference from Angola whether or not those exclude any person, property, or books, photocopies, credit reports, diamonds were mined in Angola. transaction from the operation of any transcripts of statements, registered license or from the privileges conferred mail, insurance, stationery and supplies, § 590.412 Importation into and release by any license. The Director of the and other similar items. from a bonded warehouse or foreign trade zone. Office of Foreign Assets Control also § 590.507 Provision of certain legal reserves the right to restrict the The prohibition in § 590.208 applies services authorized. applicability of any license to particular (a) The provision to or on behalf of a to importation into and release from a persons, property, transactions, or bonded warehouse or a foreign trade person whose property is blocked classes thereof. Such actions are binding pursuant to § 590.207(a) of the legal zone of the United States. However, upon all persons receiving actual or § 590.208 does not prohibit the release services set forth in paragraph (b) of this constructive notice of the exclusions or section is authorized, provided that all from a bonded warehouse or a foreign restrictions. trade zone of diamonds exported from receipt of payment for such services Angola and imported into that bonded § 590.504 Exemptions for medical and must be specifically licensed. warehouse or foreign trade zone prior to humanitarian purposes. (b) Specific licenses may be issued on the effective date of § 590.208. Specific licenses may be issued in a case–by–case basis authorizing receipt appropriate cases for transactions from unblocked sources of payment of Subpart EÐLicenses, Authorizations, otherwise prohibited by §§ 590.203, professional fees and reimbursement of and Statements of Licensing Policy 590.204, 590.205, 590.206, 590.207, or incurred expenses for the following 590.208, including aircraft–related legal services by U.S. persons to a § 590.501 General and specific licensing transactions and ground and waterborne person whose property is blocked procedures. transportation transactions, for medical pursuant to § 590.207(a): For provisions relating to licensing and humanitarian purposes. (1) Provision of legal advice and procedures, see part 501, subpart D of counseling on the requirements of and this chapter. Licensing actions taken § 590.505 Payments and transfers to compliance with the laws of any pursuant to part 501 of this chapter with blocked accounts in U.S. financial jurisdiction within the United States, respect to the prohibitions contained in institutions. provided that such advice and this part are considered actions taken Any payment of funds or transfer of counseling is not provided to facilitate pursuant to this part. credit in which a person whose property transactions that would violate any is blocked pursuant to § 590.207(a) has prohibition contained in this chapter; § 590.502 Effect of license. any interest and that comes within the (2) Representation of a person whose (a) No license contained in this part, possession or control of a U.S. financial property is blocked pursuant to or otherwise issued by or under the institution must be blocked in an § 590.207(a) when named as a defendant direction of the Director of the Office of account on the books of that financial in or otherwise made a party to Foreign Assets Control pursuant to this institution. A transfer of funds or credit domestic U.S. legal, arbitration, or part, authorizes or validates any by a U.S. financial institution between administrative proceedings; transaction effected prior to the issuance blocked accounts in its branches or (3) Initiation and conduct of domestic of the license, unless the prior offices is authorized, provided that no U.S. legal, arbitration, or administrative

VerDate 18-JUN-99 15:56 Aug 11, 1999 Jkt 183247 PO 00000 Frm 00036 Fmt 4700 Sfmt 4700 E:\FR\FM\12AUR1.XXX pfrm07 PsN: 12AUR1 Federal Register / Vol. 64, No. 155 / Thursday, August 12, 1999 / Rules and Regulations 43933 proceedings in defense of property part 501 of this chapter with respect to whoever, in any matter within the interests subject to U.S. jurisdiction of a the prohibitions contained in this part jurisdiction of any department or agency person whose property is blocked are considered requirements arising of the United States, knowingly and pursuant to § 590.207(a); pursuant to this part. willfully falsifies, conceals, or covers up (4) Representation of a person whose by any trick, scheme, or device a property is blocked pursuant to Subpart GÐPenalties material fact, or makes any false, § 590.207(a) before any federal or state fictitious, or fraudulent statement or § 590.701 Penalties. agency with respect to the imposition, representation, or makes or uses any administration, or enforcement of U.S. (a) Attention is directed to section 206 false writing or document knowing the sanctions against such person; and of the International Emergency same to contain any false, fictitious, or (5) Provision of legal services in any Economic Powers Act (the ‘‘Act’’) (50 fraudulent statement or entry shall be other context in which prevailing U.S. U.S.C. 1705), which is applicable to fined under title 18, United States Code, law requires access to legal counsel at violations of the provisions of any or imprisoned not more than five years, public expense. license, ruling, regulation, order, or both. (c) The provision of any other legal direction, or instruction issued by or (e) Violations of this part may also be services to a person whose property is pursuant to the direction or subject to relevant provisions of other blocked pursuant to § 590.207(a), not authorization of the Secretary of the applicable laws. otherwise authorized in this part, Treasury pursuant to this part or requires the issuance of a specific otherwise under the Act. Section 206 of § 590.702 Prepenalty notice. license. the Act, as adjusted by the Federal Civil (a) When required. If the Director of (d) Entry into a settlement agreement Penalties Inflation Adjustment Act of the Office of Foreign Assets Control has affecting property or interests in 1990 (Pub. L. 101–410, as amended, 28 reasonable cause to believe that there property of a person whose property is U.S.C. 2461 note), provides that: has occurred a violation of any blocked pursuant to § 590.207(a) or the (1) A civil penalty not to exceed provision of this part or a violation of enforcement of any lien, judgment, $11,000 per violation may be imposed the provisions of any license, ruling, arbitral award, decree, or other order on any person who violates or attempts regulation, order, direction, or through execution, garnishment, or to violate any license, order, or instruction issued by or pursuant to the other judicial process purporting to regulation issued under the Act; direction or authorization of the transfer or otherwise alter or affect (2) Whoever willfully violates or Secretary of the Treasury pursuant to property or interests in property of a willfully attempts to violate any license, this part or otherwise under the person whose property is blocked order, or regulation issued under the International Emergency Economic pursuant to § 590.207(a) is prohibited Act, upon conviction, shall be fined not Powers Act, and the Director determines unless specifically licensed in more than $50,000, and if a natural that further proceedings are warranted, accordance with § 590.209(e). person, may also be imprisoned for not the Director shall issue to the person more than 10 years; and any officer, concerned a notice of intent to impose § 590.508 Investment and reinvestment of director, or agent of any corporation a monetary penalty. This prepenalty certain funds. who knowingly participates in such notice shall be issued whether or not U.S. financial institutions are violation may be punished by a like another agency has taken any action authorized to invest and reinvest assets fine, imprisonment, or both. with respect to this matter. blocked pursuant to § 590.207(a), (b) The criminal penalties provided in (b) Contents—(1) Facts of violation. subject to the following conditions: the Act are subject to increase pursuant The prepenalty notice shall describe the (a) The assets representing such to 18 U.S.C. 3571. violation, specify the laws and investments and reinvestments are (c) Attention is directed to section 5 regulations allegedly violated, and state credited to a blocked account or of the United Nations Participation Act the amount of the proposed monetary subaccount that is held in the same (22 U.S.C. 287c(b)), which provides that penalty. name at the same U.S. financial any person who willfully violates or (2) Right to respond. The prepenalty institution, or within the possession or evades or attempts to violate or evade notice also shall inform the respondent control of a U.S. person, but in no case any order, rule, or regulation issued by of respondent’s right to make a written may funds be transferred outside the the President pursuant to the authority presentation within 30 days of the date United States for this purpose; granted in that section, upon conviction, of mailing of the notice as to why a (b) The proceeds of such investments shall be fined not more than $10,000, or monetary penalty should not be and reinvestments are not credited to a if a natural person, may also be imposed or why, if imposed, the blocked account or subaccount under imprisoned for not more than 10 years; monetary penalty should be in a lesser any name or designation that differs and any officer, director, or agent of any amount than proposed. from the name or designation of the corporation who knowingly participates specific blocked account or subaccount in such a violation or evasion shall be § 537.703 Response to prepenalty notice; in which such funds or securities were punished by a similar fine, informal settlement. held; and imprisonment, or both; and any (a) Deadline for response. The (c) No immediate financial or property, funds, securities, papers, other respondent shall have 30 days from the economic benefit accrues (e.g., through articles or documents, vessels together date of mailing of the prepenalty notice pledging or other use) to any person with their tackle, apparel, furniture, to make a written response to the whose property is blocked pursuant to equipment, vehicle, or aircraft Director of the Office of Foreign Assets § 590.207(a).Subpart F—Reports concerned in such violation shall be Control. forfeited to the United States. The (b) Form and contents of response. § 590.601 Records and reports. penalties provided in the United The written response need not be in any For provisions relating to required Nations Participation Act are subject to particular form, but must contain records and reports, see part 501, increase pursuant to 18 U.S.C. 3571. information sufficient to indicate that it subpart C of this chapter. Recordkeeping (d) Attention is also directed to 18 is in response to the prepenalty notice. and reporting requirements imposed by U.S.C. 1001, which provides that It should contain responses to the

VerDate 18-JUN-99 15:56 Aug 11, 1999 Jkt 183247 PO 00000 Frm 00037 Fmt 4700 Sfmt 4700 E:\FR\FM\12AUR1.XXX pfrm07 PsN: 12AUR1 43934 Federal Register / Vol. 64, No. 155 / Thursday, August 12, 1999 / Rules and Regulations allegations in the prepenalty notice and reporting on any delinquent penalty Appendix A to Part 590ÐArms and set forth the reasons why the respondent amount. Related Materiel believes the penalty should not be imposed or why, if imposed, it should § 537.705 Administrative collection; Note to Appendix A: Commerce Control referral to United States Department of be in a lesser amount than proposed. List Export Control Commodity Numbers are Justice. (c) Informal settlement. In addition or provided in parenthesis at the end of each as an alternative to a written response In the event that the respondent does item as a convenience. to a prepenalty notice issued pursuant not pay a penalty imposed pursuant to (a) Spindle assemblies, consisting of spindles to this section, the respondent or this part or make payment arrangements and bearings as a minimal assembly, respondent’s representative may contact acceptable to the Director of the Office except those assemblies with axial and the Office of Foreign Assets Control as of Foreign Assets Control within 30 radial axis motion measured along the advised in the prepenalty notice to days of the date of mailing of a penalty spindle axis in one revolution of the propose the settlement of allegations notice, the matter may be referred for spindle equal to or greater (coarser) than contained in the prepenalty notice and administrative collection measures by the following: related matters. In the event of the Department of the Treasury or to the (1) 0.0008 mm TIR (peak-to-peak) for lathes and turning machines; or settlement at the prepenalty stage, the United States Department of Justice for (2) D x 2 x 10(-5) mm TIR (peak-to-peak) claim proposed in the prepenalty notice appropriate action to recover the where D is the spindle diameter in will be withdrawn, the respondent will penalty in a civil suit in a Federal millimeters for milling machines, boring not be required to take a written district court. mills, jig grinders, and machining position on allegations contained in the centers (ECCNs 2B001 and 2B290); prepenalty notice, and the Office of Subpart HÐProcedures (b) Equipment for the production of military Foreign Assets Control will make no explosives and solid propellants, as final determination as to whether a § 590.801 Procedures. follows: (1) Complete installations; and violation occurred. The amount For license application procedures (2) Specialized components (for example, accepted in settlement of allegations in and procedures relating to amendments, a prepenalty notice may vary from the dehydration presses; extrusion presses modifications, or revocations of for the extrusion of small arms, cannon civil penalty that might finally be licenses; administrative decisions; imposed in the event of a formal and rocket propellants; cutting machines rulemaking; and requests for documents for the sizing of extruded propellants; determination of violation. In the event pursuant to the Freedom of Information sweetie barrels (tumblers) 6 feet and over no settlement is reached, the 30–day and Privacy Acts (5 U.S.C. 552 and in diameter and having over 500 pounds period specified in paragraph (a) of this 552a), see part 501, subpart D of this product capacity; and continuous mixers section for written response to the chapter. for solid propellants) (ECCN 1B018); prepenalty notice remains in effect (c) Specialized machinery, equipment, gear, unless additional time is granted by the § 590.802 Delegation by the Secretary of and specially designed parts and Office of Foreign Assets Control. the Treasury. accessories therefor, specially designed for the examination, manufacture, § 537.704 Penalty imposition or Any action that the Secretary of the testing, and checking of the arms, withdrawal. Treasury is authorized to take pursuant appliances, machines, and implements (a) No violation. If, after considering to Executive Orders 12865 (3 CFR, 1993 of war (ECCN 2B018), ammunition hand- loading equipment for both cartridges any response to a prepenalty notice and Comp., p. 636), 13069 (3 CFR, 1997 Comp., p. 232), and 13098 (63 FR 44771, and shotgun shells, and equipment any relevant facts, the Director of the specially designed for manufacturing Office of Foreign Assets Control Aug. 20, 1998), and any further shotgun shells (ECCN 0B986); determines that there was no violation Executive orders relating to the national (d) Construction equipment built to military by the respondent named in the emergency declared with respect to specifications, specially signed for prepenalty notice, the Director promptly UNITA in Executive Order 12865 may airborne transport (ECCN 0A018); shall notify the respondent in writing of be taken by the Director of the Office of (e) Vehicles specially designed for military that determination and that no monetary Foreign Assets Control or by any other purposes, as follows: penalty will be imposed. person to whom the Secretary of the (1) Specially designed military vehicles, (b) Violation. If, after considering any Treasury has delegated authority so to excluding vehicles listed in the United response to a prepenalty notice and any act. States Munitions List, 22 CFR Part 121 (ECCN 9A018); relevant facts, the Director of the Office Subpart IÐPaperwork Reduction Act (2) Pneumatic tire casings (excluding tractor of Foreign Assets Control determines and farm implement types), of a kind that there was a violation by the § 590.901 Paperwork Reduction Act notice. specially constructed to be bulletproof or respondent named in the prepenalty to run when deflated (ECCN 9A018); notice, the Director promptly shall issue For approval by the Office of (3) Engines for the propulsion of the vehicles a written notice of the imposition of the Management and Budget (‘‘OMB’’) enumerated above, specially designed or monetary penalty to the respondent. under the Paperwork Reduction Act of essentially modified for military use (1) The penalty notice shall inform 1995 (44 U.S.C. 3507) of information (ECCN 9A018); and the respondent that payment of the collections relating to recordkeeping (4) Specially designed components and parts assessed penalty must be made within and reporting requirements, licensing to the foregoing (ECCN 9A018); 30 days of the date of mailing of the procedures (including those pursuant to (f) Pressure refuellers, pressure refueling equipment, and equipment specially penalty notice. statements of licensing policy), and designed to facilitate operations in (2) The penalty notice shall inform other procedures, see § 501.901 of this confined areas and ground equipment, the respondent of the requirement to chapter. An agency may not conduct or not elsewhere specified, developed furnish the respondent’s taxpayer sponsor, and a person is not required to specially for aircraft and helicopters, and identification number pursuant to 31 respond to, a collection of information specially designed parts and accessories, U.S.C. 7701 and that such number will unless it displays a valid control n.e.s. (ECCN 9A018); be used for purposes of collecting and number assigned by OMB.

VerDate 18-JUN-99 15:56 Aug 11, 1999 Jkt 183247 PO 00000 Frm 00038 Fmt 4700 Sfmt 4700 E:\FR\FM\12AUR1.XXX pfrm07 PsN: 12AUR1 Federal Register / Vol. 64, No. 155 / Thursday, August 12, 1999 / Rules and Regulations 43935

(g) Specifically designed components and (A) Bimbe (D) Alto–Zaza parts for ammunition, except cartridge (B) Hungue–Calulo (E) Cuango cases, powder bags, bullets, jackets, (C) Lungue (F) Icoca cores, shells, projectiles, boosters, fuses (D) Luvemba (G) Lucunga and components, primers, and other (E) Cambuengo (H) Mabaia detonating devices and ammunition (F) Mundundo (I) Beu belting and linking machines (ECCN (G) Cacoma (J) Cuilo Futa 0A018); (d) K. Kubango Province: (K) Sacandica (h) Nonmilitary shotguns, barrel length 18 (1) Municipalities: (h) Benguela Province: inches or over; and nonmilitary arms, [Reserved] (1) Municipalities: discharge type (for example, stun-guns, (2) Communities: [Reserved] shock batons, etc.), except arms designed (A) Longa (2) Communities: solely for signal, flare, or saluting use; (B) Lulana (A) Chicuma and parts, n.e.s. (ECCNs 0A984 and (C) Luengue (B) Casseque 0A985); (e) Malange Province: (i) Lunda–Norte Province: (i) Shotgun shells, and parts (ECCN 0A986); (1) Municipalities: (1) Municipalities: (j) Military parachutes (ECCN 9A018); (A) Luquembo (A) Cuilo (k) Submarine and torpedo nets (ECCN (B) Quirima (B) [Reserved] 8A518); (C) Cambudi Catembo (2) Communities: (l) Bayonets and muzzle-loading (black (D) Massango (A) Lovua powder) firearms (ECCN 0A018). (2) Communities: (B) Bote ‘‘Cassange–Calucala’’ (A) Dumba–Kabango (C) Capala Appendix B to Part 590ÐDesignated (B) Quitapa (D) Caluango Points of Entry in the Territory of (C) Tala–Mungongo (j) Kuanza–Norte Province: (1) Municipalities: Angola (D) Bembo (E) Caribo (A) Banga (a) Airports: (F) Culamagia (B) [Reserved] (1) Luanda (G) Bange–Angola (2) Communities: (2) Katumbela, Benguela Province (H) Milando (A) Samba–Lucala (b) Ports: (I) Capunga (B) Caculo–Cabaca (1) Luanda (J) Cunga–Palanga (C) Carlamba (2) Lobito, Benguela Province (K) Dombo (D) Aldeia–Nova (3) Namibe, Namibe Province (L) Quibango (k) Lunda–Sul Province: (c) Entry Points: (M) Rimba (1) Municipalities: (1) Malongo, Cabinda Province (N) Bangala (A) Mucondo (2) [Reserved]. (O) Moma (B) [Reserved] (P) Sautar (2) Communities: Appendix C to Part 590ÐDesignated (Q) Cuale (A) Xassengue (B) Alto–Chicapa Aircraft of Angolan Registry (R) Caxinga (S) Cateco–Cangola (C) Chiluage [Reserved] (T) Qulhuhu (D) Cazage (U) Quinguengue (E) Luma–Cassai (f) Moxico Province: (F) Muriege Appendix D to Part 590ÐDesignated (G) Cassai–Sul Areas of Angola to Which State (1) Municipalities: (A) Cangamba (l) Bengo Province: Administration Has Not Been Extended (B) Luau (1) Municipalities: (C) Luacano [Reserved] (a) Bie Province: (2) Communities: (1) Municipalities: (D) Cazombo (2) Communities: (A) Quiaje (A) Andulo (B) [Reserved] (B) Cuemba (A) Lovua (B) Mussuma (C) Nharea Appendix E to Part 590ÐEquipment (2) Communities: (C) Sessa (A) Cassumbe (D) Cachipoque Used in Mining (Harmonized Tariff (B) Chivualo (E) Cangombe Schedule Subheadings) (C) Umpulo (F) Cassamba (D) Ringoma (G) Muie 8429.11.00, 8429.19.00, 8429.20.00, (E) Luando (H) Caianda 8429.30.00, 8429.40.00, 8429.51.10, (F) Sachinemuna (I) Ninda 8429.51.50, 8429.52.10, 8429.52.50, (G) Gamba (J) Chiume 8429.59.10, 8429.59.50 (H) Dando (K) Lutembo 8430.10.00, 8430.31.00, 8430.39.00, (I) Calussinga (L) Giambe 8430.41.00, 8430.49.80, 8430.61.00, (J) Munhango (M) Tempue 8430.62.00, 8430.69.00 (K) Lubia (N) Luvuei 8431.41.00, 8431.42.00, 8431.43.80, (L) Caleie (O) Candundo 8431.49.90 (M) Balo Horizonte (P) Macondo (Q) Sandando (b) Cunene Province: Appendix F to Part 590ÐMotorized (1) Municipalities: (R) Muangai [Reserved] (S) Lago–Dilolo Vehicles, Watercraft, or Spare Parts for (2) Communities: (g) Uige Province: Motorized Vehicles or Watercraft (A) Cubati–Cachueca (1) Municipalities: (Harmonized Tariff Schedule (B) [Reserved] (A) Bembe Subheadings) (c) Huambo Province: (B) [Reserved] (1) Municipalities: (2) Communities: 8407.10.00, 8407.21.00, 8427.29.00, (A) Bailundo (A) Massau 8407.31.00, 8407.32.10, 8407.32.20, (B) Mungo (B) Macola 8407.32.90, 8407.33.10, 8407.33.30, (2) Communities: (C) Cuile–Camboso 8407.33.60, 8407.33.90, 8407.34.05,

VerDate 18-JUN-99 15:56 Aug 11, 1999 Jkt 183247 PO 00000 Frm 00039 Fmt 4700 Sfmt 4700 E:\FR\FM\12AUR1.XXX pfrm07 PsN: 12AUR1 43936 Federal Register / Vol. 64, No. 155 / Thursday, August 12, 1999 / Rules and Regulations

8407.34.14, 8407.34.18, 8407.34.25, 8901.10.00, 8901.20.00, 8901.30.00, Environmental Protection Agency, 2565 8407.34.35, 8407.34.44, 8407.34.48, 8901.90.00 Plymouth Rd, Ann Arbor MI 48105; 8407.34.55, 8407.90.10, 8407.90.90 8902.00.00 (734) 214–4412; [email protected]. 8408.10.00, 8408.20.10, 8408.20.20, 8903.10.00, 8903.91.00, 8903.92.00, SUPPLEMENTARY INFORMATION: 8408.20.90, 8408.90.10, 8408.90.90 EPA is 8903.99.20, 8903.99.90 amending the table of currently 8409.10.00, 8409.91.10, 8409.90.30, 8904.00.00 8409.91.50, 8409.91.92, 8409.91.99, approved information collection request 8905.10.00, 8905.90.50 8409.99.10, 8409.99.91, 8409.99.92, (ICR) control numbers issued by OMB 8409.99.99 8906.00.10, 8906.00.90 for various regulations. The amendment 8483.10.10, 8483.10.30, 8483.10.50 Dated: July 20, 1999. updates the table to list those 8601.10.00, 84601.20.00 R. Richard Newcomb, information collection requirements promulgated under the Final 8602.10.00, 8602.90.00 Director, Office of Foreign Assets Control. Regulations for Revisions to the Federal 8603.10.00, 8603.90.00 Approved: July 28, 1999. Test Procedure for Emissions From 8604.00.00 Elisabeth A. Bresee, Motor Vehicles, which appeared in the 8605.00.00 Assistant Secretary (Enforcement), Federal Register on October 22, 1996, 8606.10.00, 8606.20.00, 8606.30.00, Department of the Treasury. 61 FR 54852; OMB approved the 8606.91.00, 8606.92.00, 8606.99.00 [FR Doc. 99–20831 Filed 8–9–99; 1:08 pm] information collection requirements on 8607.11.00, 8607.12.00, 8607.19.03, BILLING CODE 4810±25±F August 27,1997 (ICR 0783.36, OMB 8607.19.06, 8607.19.12, 8607.19.15, 2060–0104). The affected regulations are 8607.19.30, 8607.19.90, 8607.21.10, codified at 40 CFR part 86. EPA will 8607.21.50, 8607.29.10, 8607.29.50, 8607.30.10, 8607.30.50, 8607.91.00, ENVIRONMENTAL PROTECTION continue to present OMB control 8607.99.10, 8607.99.50 AGENCY numbers in a consolidated table format to be codified in 40 CFR part 9 of the 8701.10.00, 8701.20.00, 8701.30.10, 40 CFR Parts 9 and 86 8701.30.50, 8701.90.10, 8701.90.50 Agency’s regulations, and in each CFR 8702.10.30, 8702.10.60, 8702.90.30, [FRL±6409±2] volume containing EPA regulations. The 8702.90.60 table lists CFR citations with reporting, 8703.10.50, 8703.21.00, 8703.22.00, OMB Approvals Under the Paperwork recordkeeping, or other information 8703.23.00, 8703.24.00, 8703.31.00, Reduction Act Relating to the Federal collection requirements, and the current 8703.32.00, 8703.33.00, 8703.90.00 Test Procedure for Emissions From OMB control numbers. This listing of 8704.10.10, 8704.10.50, 8704.21.00, Motor Vehicles; Technical Amendment the OMB control numbers and their 8704.22.10, 8704.22.50, 8704.23.00, subsequent codification in the CFR 8704.31.00, 8704.32.00, 8704.90.00 AGENCY: Environmental Protection satisfies the requirements of the Agency (EPA). 8705.10.00, 8705.20.00, 8705.30.00, Paperwork Reduction Act (44 U.S.C. 8705.40.00, 8705.90.00 ACTION: Final rule. 3501 et seq.) and OMB’s implementing 8706.00.03, 8706.00.05, 8706.00.15, regulations at 5 CFR part 1320. By this SUMMARY: In compliance with the 8706.00.25, 8706.00.30, 8706.00.50 action, EPA is also announcing that Paperwork Reduction Act (PRA), this 8707.10.00, 8707.90.10, 8707.90.50 these sections, which contain technical amendment amends the table information collection requirements, 8708.10.30, 8708.10.60, 8708.21.00, that lists the Office of Management and 8708.29.10, 8708.29.15, 8708.29.20, became effective when approved by Budget (OMB) control numbers issued 8708.29.50, 8708.31.10, 8708.31.50, OMB on August 27, 1997. under the PRA for Final Regulations for 8708.39.10, 8708.39.50, 8708.40.10, This ICR was previously subject to Revisions to the Federal Test Procedure 8708.40.20, 8708.40.30, 8708.40.50, public notice and comment prior to for Emissions From Motor Vehicles. 8708.50.10, 8708.50.30, 8708.50.50, OMB approval. Due to the technical 8708.50.80, 8708.60.10, 8708.60.30, This document also announces the nature of the table, EPA finds that 8708.60.50, 8708.60.80, 8708.70.05, effective dates of certain sections in the further notice and comment is 8708.70.15, 8708.70.25, 8708.70.35, Code of Federal Regulations which unnecessary. As a result, EPA finds that 8708.70.45, 8708.70.60, 8708.80.15, contained information collection there is ‘‘good cause’’ under section 8708.80.25, 8708.80.30, 8708.80.45, requirements and which were originally 8708.91.10, 8708.91.50, 8708.92.10, 553(b)(B) of the Administrative published in the Federal Register on 8708.92.50, 8708.93.15, 8708.93.30, Procedure Act, 5 U.S.C. 553(b)(B), to October 22, 1996. 8708.93.60, 8708.93.75, 8708.94.10, amend this table without prior notice 8708.94.50, 8708.99.03, 8708.99.06, EFFECTIVE DATES: The amendment to 40 and comment. 8708.99.09, 8708.99.12, 8708.99.15, CFR 9.1 is effective August 12, 1999. 40 8708.99.18, 8708.99.21, 8708.99.24, CFR 86.000–7, 86.000–8, 86.000–9, I. Administrative Requirements 8708.99.27, 8708.99.31, 8708.99.34, 86.000–21, 86.000–23, 86.000–24, Under Executive Order 12866 (58 FR 8708.99.37, 8708.99.40, 8708.99.43, 86.000–25, 86.000–26, 86.000–28, 8708.99.46, 8708.99.49, 8708.99.52, 51735, October 4, 1993), this action is 8708.99.55, 8708.99.58, 8708.99.61, 86.001–9, 86.001–21, 86.001–23, not a ‘‘significant regulatory action’’ and 8708.99.64, 8708.99.67, 8708.99.70, 86.001–24, 86.001–25, 86.001–26, is therefore not subject to review by the 8708.99.73, 8708.99.80 86.001–28, 86.004–9, 86.004–28, Office of Management and Budget. In 8709.11.00, 8709.19.00 86.108–00, 86.129–00, 86.159–00, addition, this action does not impose 8710.00.00 86.160–00, 86.161–00, 86.162–00 and any enforceable duty, contain any 86.162–03 became effective on August 8711.10.00, 8711.20.00, 8711.30.00, unfunded mandate, or impose any 8711.40.30, 8711.40.60, 8711.50.00, 27, 1997 when the Office of significant or unique impact on small 8711.90.00 Management and Budget (OMB) governments as described in the 8714.11.00, 8714.19.00 approved their information collection Unfunded Mandates Reform Act of 1995 requirements. 8716.10.00, 8716.20.00, 8716.31.00, (Pub. L. 104–4). This rule also does not 8716.39.00, 8716.40.00, 8716.80.10, FOR FURTHER INFORMATION CONTACT: require prior consultation with State, 8716.80.50, 8716.90.10, 8716.90.30, Richard W. Nash, Vehicle Programs and local, and tribal government officials as 8716.90.50 Compliance Division, U. S. specified by Executive Order 12875 (58

VerDate 18-JUN-99 15:56 Aug 11, 1999 Jkt 183247 PO 00000 Frm 00040 Fmt 4700 Sfmt 4700 E:\FR\FM\12AUR1.XXX pfrm07 PsN: 12AUR1 Federal Register / Vol. 64, No. 155 / Thursday, August 12, 1999 / Rules and Regulations 43937

FR 58093, October 28, 1993) or Reporting and recordkeeping 40 CFR citation OMB Control No. Executive Order 13084 (63 FR 27655 requirements. 86.160±00 ...... 2060±0104 (May 10, 1998), or involve special Dated: July 22, 1999. 86.161±00 ...... 2060±0104 consideration of environmental justice Joseph Retzer, related issues as required by Executive 86.162±00 ...... 2060±0104 Director, Regulatory Information Division, Order 12898 (59 FR 7629, February 16, 86.162±03 ...... 2060±0104 Office of Policy. 86.163±00 ...... 2060±0104 1994). Because this action is not subject to notice-and-comment requirements For the reasons set out in the * * * * * under the Administrative Procedure Act preamble, 40 CFR part 9 is amended as or any other statute, it is not subject to follows: [FR Doc. 99–19267 Filed 8–11–99; 8:45 am] BILLING CODE 6560±50±P the regulatory flexibility provisions of PART 9Ð[AMENDED] the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). This rule also is not subject 1. The authority citation for part 9 to Executive Order 13045 (62 FR 19885, continues to read as follows: FEDERAL COMMUNICATIONS COMMISSION April 23, 1997) because EPA interprets Authority: 7 U.S.C. 135 et seq., 136–136y; Executive Order 13045 as applying only 15 U.S.C. 2001, 2003, 2005, 2006, 2601–2671; 47 CFR Part 62 to those regulatory actions that are 21 U.S.C. 331j, 346a, 348; 31 U.S.C. 9701; 33 based on health or safety risks, such that U.S.C. 1251 et seq., 1311, 1313d, 1314, 1318, [CC Docket No. 98±195; FCC 99±163] the analysis required under section 5– 1321, 1326, 1330, 1342, 1344, 1345 (d) and 501 of the Executive Order has the (e), 1361; E.O. 11735, 38 FR 21243, 3 CFR, 1998 Biennial Regulatory ReviewÐ potential to influence the regulation. 1971–1975 Comp. p. 973; 42 U.S.C. 241, Repeal of Part 62 of the Commission's This rule is not subject to Executive 242b, 243, 246, 300f, 300g, 300g–1, 300g–2, Rules 300g–3, 300g–4, 300g–5, 300g–6, 300j–1, Order 13045 because it does not 300j–2, 300j–3, 300j–4, 300j–9, 1857 et seq., AGENCY: Federal Communications establish an environmental standard 6901–6992k, 7401–7671q, 7542, 9601–9657, Commission. intended to mitigate health or safety 11023, 11048. risks. ACTION: Final rule. 2. In § 9.1 the table is amended by Congressional Review Act adding new entries in numerical order SUMMARY: This document seeks as part of its 1998 biennial review of The Congressional Review Act, 5 under the following centerheading to regulations whether its rules governing U.S.C. 801 et seq., as added by the Small read as follows: interlocking directorates should be Business Regulatory Enforcement § 9.1 OMB approvals under the Paperwork repealed. After reviewing the comments, Fairness Act of 1996, generally provides Reduction Act. the Commission released a Report and that before a rule may take effect, the * * * * * Order (Order) repealing part 62 of the agency promulgating the rule must rules governing interlocking submit a rule report, which includes a 40 CFR citation OMB Control No. directorates, because it concluded that copy of the rule, to each House of the part 62 is no longer necessary in the Congress and to the Comptroller General public interest. The Commission of the United States. Section 808 allows **** concludes that it should forbear from the issuing agency to make a good cause ** applying those provisions in section 212 finding that notice and public procedure Control of Air Pollution From New and In- of the Act that prohibit any person from is impracticable, unnecessary or Use Motor Vehicles and New and In-Use holding the position of officer or contrary to the public interest. This Motor Vehicle Engines: Certification and director of more than one carrier subject determination must be supported by a Test Procedures to the Act without obtaining prior brief statement. 5 U.S.C. 808(2). As Commission authorization. stated previously, EPA has made such a 86.000±7 ...... 2060±0104 good cause finding, including the 86.000±8 ...... 2060±0104 DATES: Effective September 13, 1999. reasons therefor, and established an 86.000±9 ...... 2060±0104 ADDRESSES: Federal Communications 86.000±21 ...... 2060±0104 effective date of August 12, 1999 for the Commission, 445 12th Street, S.W., 86.000±23 ...... 2060±0104 Room TW–A325, Washington, D.C. amendment to 40 CFR 9.1. EPA will 86.000±24 ...... 2060±0104 submit a report containing this rule and 86.000±25 ...... 2060±0104 20554. other required information to the U.S. 86.000±26 ...... 2060±0104 FOR FURTHER INFORMATION CONTACT: Senate, the U.S. House of 86.000±28 ...... 2060±0104 Jennifer Myers Kashatus, Formal Representatives, and the Comptroller 86.001±9 ...... 2060±0104 Complaints and Investigations Branch, General of the United States prior to 86.001±21 ...... 2060±0104 Enforcement Division, Common Carrier publication of the rule in the Federal 86.001±23 ...... 2060±0104 Bureau (202) 418–0960. Register. This action is not a ‘‘major 86.001±24 ...... 2060±0104 86.001±25 ...... 2060±0104 SUPPLEMENTARY INFORMATION: This is a rule’’ as defined by 5 U.S.C. 804(2). 86.001±26 ...... 2060±0104 summary of the Commission’s Report List of Subjects 86.001±28 ...... 2060±0104 and Order in CC Docket 98–195 [FCC 86.004±9 ...... 2060±0104 99–163], adopted on July 7, 1999, and 40 CFR Part 9 86.004±28 ...... 2060±0104 released on July 16, 1999. The full text Environmental protection, Reporting of the Report and Order is available for ***** and recordkeeping requirements. inspection and copying during normal 86.108±00 ...... 2060±0104 business hours in the FCC Reference 40 CFR Part 86 ***** Center, Room CY–A257, 445 12th Street, Environmental protection, 86.129±00 ...... 2060±0104 S.W., Washington, D.C. 20554. The Administrative practice and procedure, complete text of this decision also may Confidential business information, ***** be purchased from the Commission’s Labeling, Motor vehicle pollution, 86.159±00 ...... 2060±0104 duplicating contractor, International

VerDate 18-JUN-99 15:56 Aug 11, 1999 Jkt 183247 PO 00000 Frm 00041 Fmt 4700 Sfmt 4700 E:\FR\FM\12AUR1.XXX pfrm07 PsN: 12AUR1 43938 Federal Register / Vol. 64, No. 155 / Thursday, August 12, 1999 / Rules and Regulations

Transcription Services, 445 12th Street, Commission tentatively concluded that section 212 of the Act requiring any S.W., Room CY–B400, Washington, D.C. section 212 of the Act: (1) is not person seeking to hold the position of 20554. necessary to ensure that carriers’ officer or director with more than one 1. The Commission initiated this charges, practices, or classifications are carrier subject to the Act to seek prior proceeding by a Notice of Proposed just and reasonable, and are not unjustly Commission approval. The Commission Rulemaking (Notice) released on or unreasonably discriminatory; and (2) tentatively concluded that these November 17, 1998. In the Notice, the is not necessary for the protection of provisions of section 212 of the Act: (1) Commission designated this proceeding consumers. The Commission also Are not necessary to ensure that a as part of its 1998 biennial review of tentatively concluded that forbearance carrier’s charges, practices, or regulations pursuant to section 11 of the from applying interlocking directorate classifications are just and reasonable, Act. Section 11 requires the requirements is consistent with the and are not unjustly or unreasonably Commission to conduct a biennial public interest. discriminatory; and (2) are not review, in every even-numbered year 4. The Commission received eleven necessary for the protection of beginning in 1998, of ‘‘all comments and one reply comment in consumers. The Commission also regulations * * * that apply to the this proceeding. All but one commenter tentatively concluded that forbearance operations or activities of any provider support the Commission’s tentative from enforcing these requirements is of telecommunications service’’ and to conclusions that the Commission consistent with the public interest. The ‘‘determine whether any such regulation should repeal part 62 of its rules and Commission recognized in the Notice is no longer necessary in the public forbear from enforcing the interlocking that section 212 of the Act applies to interest as the result of meaningful directorate provisions of section 212 of carriers in telecommunications markets economic competition between the Act. that may not yet be fully competitive, providers of such service.’’ 1 Section 11 5. In the Report and Order, the and therefore, sought comment on further requires the Commission to Commission concludes that it should whether the analysis undertaken to repeal or to modify any regulation it repeal part 62 of its rules, which consider forbearance from enforcing determines is no longer necessary in the implements section 212 of the Act. section 212 of the Act should vary from public interest. Specifically, the Commission concludes market to market. No commenter 2. In the Notice, the Commission that it should delete its rules that opposes the Commission’s tentative tentatively concluded that part 62 of its require: (1) dominant carriers and those conclusion that the Commission should rules governing interlocking directorates carriers not yet found to be non- forbear from section 212 of the Act as is no longer necessary to the public dominant to seek Commission approval applied to all carriers in all interest and therefore should be prior to accepting an interlocking telecommunications markets. For all the repealed. Specifically, the Commission directorate position; (2) non-dominant reasons detailed previously in support proposed to eliminate the requirements carriers, connecting carriers, parent of eliminating its part 62 rules, the that: (1) application be made to hold companies, and other carriers as may be Commission concludes that each of the interlocking positions with more than required under our rules, to file post statutory criteria for forbearance is one carrier subject to the Act where one interlocking directorate reports; (3) satisfied, and therefore, that it should carrier sought to be interlocked is either carriers desiring authorization to hold forbear from enforcing these provisions a dominant carrier, or a carrier not yet interlocking directorates based on a of section 212 of the Act in all markets. determined to be non-dominant; (2) finding of common ownership to make applications for findings of common specific filings with the Commission; V. Final Regulatory Flexibility Act ownership be filed if dominant carriers and (4) carriers that undergo a change in Analysis are involved; (3) interlocking positions status with respect to interlocking 8. As required by the Regulatory of more than one carrier subject to the directorate status to file a change of Flexibility Act (RFA), the Commission Act involving non-dominant carriers, status report. The Commission found incorporated an Initial Regulatory connecting carriers, cellular licensees that interlocking directorates rarely Flexibility Analysis (IRFA) of the operating in different geographic threaten to constrain competition. More possible significant economic impact on markets, and parents of carriers, among precisely, the Commission finds it small entities by the policies and rules others, be reported to the Commission difficult to envision a proposed proposed in the Notice. The within 30 days after such interlock interlock that the Commission would Commission sought written public occurs; and (4) any change in status as conclude to be anticompetitive, ab comment on the proposals in the Notice, reported under part 62 of the rules be initio, such that the Commission would including comment on the IRFA. This reported to the Commission within 30 deny approval for such interlock. To the present Final Regulatory Flexibility days of such change. extent that potentially anticompetitive Analysis (FRFA) conforms to the RFA. 3. Additionally, in the Notice, the interlocks may occur, the Commission 9. Need for, and Objectives of, this Commission tentatively concluded that further finds that other Title II Action: The Commission initiated its it should forbear from enforcing those provisions and antitrust laws adequately examination of its part 62 rules as part provisions of section 212 of the Act that protect against the particular concerns of its 1998 biennial review of address interlocking directorates. its Part 62 rules seek to address. regulations as required by section 11 of Section 10 of the Act requires the Therefore, the Commission found that the Communications Act of 1934, as Commission to forbear from applying its rules are no longer necessary in the amended. The Commission also issued any provision of the Act, or any public interest and should be repealed. the Notice to review its regulatory regulations, to a telecommunications The Commission also concludes that, regime for interlocking directorates, and carrier or telecommunications service, pursuant to section 10 of the Act, the to determine whether in light of section or class thereof, if the Commission Commission should forbear from 10 of the Act, the Commission should makes certain specified findings with enforcing the interlocking directorate forbear from applying such respect to such provisions or provisions of section 212 of the Act. In requirements. The purpose of the Report regulations. In the Notice, the the Notice, the Commission tentatively and Order is to delete part 62 of the concluded that the Commission should Commission’s rules, which the 1 47 U.S.C. 161(a). forbear from enforcing the provisions of Commission finds are no longer

VerDate 18-JUN-99 15:56 Aug 11, 1999 Jkt 183247 PO 00000 Frm 00042 Fmt 4700 Sfmt 4700 E:\FR\FM\12AUR1.XXX pfrm07 PsN: 12AUR1 Federal Register / Vol. 64, No. 155 / Thursday, August 12, 1999 / Rules and Regulations 43939 necessary in the public interest. The telephone companies that are commonly discussed, the Commission already has Commission also has determined that it used under our rules. decided to forbear from applying section should forbear from addressing those 13. The most reliable source of 212 of the Act with regard to CMRS provisions in section 212 of the Act that information regarding the total numbers providers. It seems reasonable to address interlocking directorates. of certain common carrier and related conclude, therefore, that fewer than 10. Summary of Significant Issues providers nationwide, as well as the 3,497 telephone service firms are small Raised by Public Comments in Response numbers of commercial wireless entity telephone service firms or small to the IRFA: In the IRFA, the entities, appears to be data the incumbent LECs that may be affected by Commission sought comment on Commission publishes annually in its this Order. whether repealing part 62 of its rules Telecommunications Industry Revenue 16. Wireline Carriers and Service and forbearing from section 212 would report, regarding the Providers. SBA has developed a benefit small entities. The Commission Telecommunications Relay Service definition of small entities for telephone received no comments in response to (TRS). According to data in the most communications companies other than the IRFA. Several commenters, recent report, there are 3,459 interstate radiotelephone companies. The Census including one small entity, however, carriers. These carriers include, inter Bureau reports that, there were 2,321 indicated that the proposals in the alia, local exchange carriers, wireline such telephone companies in operation Notice would benefit small entities by carriers and service providers, for at least one year at the end of 1992. reducing unnecessary regulatory interexchange carriers, competitive According to SBA’s definition, a small burdens. access providers, operator service business telephone company other than 11. Description, potential impact, and providers, pay telephone operators, a radiotelephone company is one number of small entities affected: In this providers of telephone toll service, employing no more than 1,500 persons. order, the Commission has decided to providers of telephone exchange All but 26 of the 2,321 non- repeal part 62 of its rules, which service, and resellers. radiotelephone companies listed by the 14. Although some affected includes eliminating the post-interlock Census Bureau were reported to have incumbent local exchange carriers fewer than 1,000 employees. Thus, even filing requirement for non-dominant (ILECs) may have 1,500 or fewer if all 26 of those companies had more carriers, many of whom may be small employees, we do not believe that such than 1,500 employees, there would still entities. The Commission also has entities should be considered small be 2,295 non-radiotelephone companies decided to forbear from enforcing those entities within the meaning of the RFA that might qualify as small entities or provisions of section 212 of the Act because they are either dominant in small incumbent LECs. Although it addressing interlocking directorates. their field of operations or are not seems certain that some of these carriers Forbearance from enforcing these rules independently owned and operated, and are not independently owned and will benefit small entities by reducing therefore by definition not ‘‘small operated, we are unable at this time to the regulatory burden to which small entities’’ or ‘‘small business concerns’’ estimate with greater precision the businesses would otherwise be subject. under the RFA. Accordingly, our use of number of wireline carriers and service 12. To estimate the number of small the terms ‘‘small entities’’ and ‘‘small providers that would qualify as small entities that would benefit from this businesses’’ does not encompass small business concerns under SBA’s positive economic impact, we first ILECs. Out of an abundance of caution, definition. Consequently, we estimate consider the statutory definition of however, for regulatory flexibility that there are fewer than 2,295 small ‘‘small entity’’ under the RFA. The RFA analysis purposes, we will separately entity telephone communications generally defines ‘‘small entity’’ as consider small ILECs within this companies other than radiotelephone having the same meaning as the term analysis and use the term ‘‘small ILECs’’ companies that may be affected by the ‘‘small business,’’ ‘‘small organization,’’ to refer to any ILECs that arguably might decisions in this Order. and ‘‘small governmental jurisdiction.’’ be defined by the SBA as ‘‘small 17. Local Exchange Carriers. Neither In addition, the term ‘‘small business’’ business concerns.’’ the Commission nor SBA has developed has the same meaning as the term 15. Total Number of Telephone a definition of small providers of local ‘‘small business concern’’ under the Companies Affected. The United States exchange services (LECs). The closest Small Business Act, unless the Bureau of the Census (‘‘the Census applicable definition under SBA rules is Commission has developed one or more Bureau’’) reports that, at the end of for telephone communications definitions that are appropriate to its 1992, there were 3,497 firms engaged in companies other than radiotelephone activities. Under the Small Business providing telephone services, as defined (wireless) companies. The most reliable Act, a ‘‘small business concern’’ is one therein, for at least one year. This source of information regarding the that: (1) Is independently owned and number contains a variety of different number of LECs nationwide of which operated; (2) is not dominant in its field categories of carriers, including local we are aware appears to be the data that of operation; and (3) meets any exchange carriers, interexchange we collect annually in connection with additional criteria established by the carriers, competitive access providers, the Telecommunications Relay Service Small Business Administration (SBA). cellular carriers, mobile service carriers, (TRS). According to our most recent The SBA has defined a small business operator service providers, pay data, 1,371 companies reported that for Standard Industrial Classification telephone operators, and resellers. It they were engaged in the provision of (SIC) categories 4812 (Radiotelephone seems certain that some of those 3,497 local exchange services. Although it Communications) and 4813 (Telephone telephone service firms may not qualify seems certain that some of these carriers Communications, Except as small entities or small incumbent are not independently owned and Radiotelephone) to be small entities LECs because they are not operated, or have more than 1,500 when they have no more than 1,500 ‘‘independently owned and operated.’’ employees, we are unable at this time to employees. We first discuss the number Additionally, we note that the number estimate with greater precision the of small telephone companies falling of small entities affected by this rule number of LECs that would qualify as within these SIC categories, then change as set forth in this Order is less small business concerns under SBA’s attempt to refine further those estimates than the total number of telephone definition. Consequently, we estimate to correspond with the categories of companies as stated herein, because as that there are fewer than 1,371 small

VerDate 18-JUN-99 15:56 Aug 11, 1999 Jkt 183247 PO 00000 Frm 00043 Fmt 4700 Sfmt 4700 E:\FR\FM\12AUR1.XXX pfrm07 PsN: 12AUR1 43940 Federal Register / Vol. 64, No. 155 / Thursday, August 12, 1999 / Rules and Regulations entity LECs or small incumbent LECs operators nationwide is the data that we that may be affected by the decisions that may be affected by the decisions in collect annually in connection with the adopted in this Order. this Order. TRS Worksheet. According to our most 23. Private Paging. At present, there 18. Interexchange Carriers. Neither recent data, 441 companies reported are approximately 24,000 Private Paging the Commission nor SBA has developed that they were engaged in the provision licenses. We do not have data specifying a definition of small entities specifically of pay telephone services. We do not the number of these carriers that are not applicable to providers of interexchange have information on the number of independently owned and operated or services (IXCs). The closest applicable carriers that are not independently have more than 1,500 employees, and definition under SBA rules is for owned and operated, nor have more thus are unable at this time to estimate telephone communications companies than 1,500 employees, and thus are with greater precision the number of other than radiotelephone companies. unable at this time to estimate with paging carriers that would qualify as The most reliable source of information greater precision the number of pay small business concerns under the regarding the number of IXCs telephone operators that would qualify SBA’s definition. We estimate that the nationwide of which we are aware as small business concerns under SBA’s majority of private paging providers appears to be the data that we collect definition. Consequently, we estimate would qualify as small entities under annually in connection with TRS. that there are fewer than 271 small pay the SBA definition. We note that private According to our most recent data, 143 telephone operators. paging does not include common carrier companies reported that they were 21. Operator Service Providers. paging, for which the Commission has engaged in the provision of Neither the Commission nor SBA has adopted auction rules and has proposed interexchange services. Although it developed a definition of small entities to SBA a special small business size seems certain that some of these carriers specifically applicable to providers of standard definition. are not independently owned and operator services. The closest applicable 24. Wireless (Radiotelephone) operated, or have more than 1,500 definition under SBA rules is for Carriers. SBA has developed a employees, we are unable at this time to telephone communications companies definition of small entities for estimate with greater precision the other than radiotelephone companies. radiotelephone (wireless) companies. number of IXCs that would qualify as The most reliable source of information The Census Bureau reports that there small business concerns under SBA’s regarding the number of operator service were 1,176 such companies in operation definition. Consequently, we estimate providers nationwide of which we are for at least one year at the end of 1992. that there are fewer than 143 small aware appears to be the data that we According to SBA’s definition, a small entity IXCs that may be affected by the collect annually in connection with the business radiotelephone company is one decisions in this Order. TRS. According to our most recent data, employing no more than 1,500 persons. 19. Competitive Access Providers. 27 companies reported that they were The Census Bureau also reported that Neither the Commission nor SBA has engaged in the provision of operator 1,164 of those radiotelephone developed a definition of small entities services. Although it seems certain that companies had fewer than 1,000 specifically applicable to providers of some of these companies are not employees. Thus, even if all of the competitive access services (CAPs). The independently owned and operated, or remaining 12 companies had more than closest applicable definition under SBA have more than 1,500 employees, we are 1,500 employees, there would still be rules is for telephone communications unable at this time to estimate with 1,164 radiotelephone companies that companies other than radiotelephone greater precision the number of operator companies. The most reliable source of service providers that would qualify as might qualify as small entities if they information regarding the number of small business concerns under SBA’s are independently owned are operated. CAPs nationwide of which we are aware definition. Consequently, we estimate Although it seems certain that some of appears to be the data that we collect that there are fewer than 27 small entity these carriers are not independently annually in connection with the TRS. operator service providers that may be owned and operated, we are unable at According to our most recent data, 109 affected by the decisions in this Order. this time to estimate with greater companies reported that they were 22. Resellers. Neither the Commission precision the number of radiotelephone engaged in the provision of competitive nor SBA has developed a definition of carriers and service providers that access services. Although it seems small entities specifically applicable to would qualify as small business certain that some of these carriers are resellers. The closest applicable concerns under SBA’s definition. not independently owned and operated, definition under SBA rules is for all Consequently, we estimate that there are or have more than 1,500 employees, we telephone communications companies. fewer than 1,164 small entity are unable at this time to estimate with The most reliable source of information radiotelephone companies that may be greater precision the number of CAPs regarding the number of resellers affected by the decisions adopted in this that would qualify as small business nationwide of which we are aware Order. concerns under SBA’s definition. appears to be the data that we collect 25. Recording, record keeping, and Consequently, we estimate that there are annually in connection with the TRS. other compliance requirements: No fewer than 109 small entity CAPs that According to our most recent data, 339 additional paperwork will be required may be affected by the decisions in this companies reported that they were by the decisions adopted in this Order. engaged in the resale of telephone proceeding. This proceeding eliminates 20. Pay Telephone Operators. Neither services. Although it seems certain that filing requirements set forth in part 62 the Commission nor SBA has developed some of these carriers are not of the Commission’s rules. a definition of small entities specifically independently owned and operated, or 26. Steps Taken to Minimize applicable to pay telephone operators. have more than 1,500 employees, we are Significant Economic Impact on Small The closest applicable definition under unable at this time to estimate with Entities, and Significant Alternatives SBA rules is for telephone greater precision the number of resellers Considered: The impact of this communications companies except that would qualify as small business proceeding should be beneficial to small radiotelephone (wireless) companies. concerns under SBA’s definition. businesses, because eliminating the The most reliable source of information Consequently, we estimate that there are Commission’s part 62 rules will reduce regarding the number of pay telephone fewer than 339 small entity resellers the reporting or recordkeeping

VerDate 18-JUN-99 15:56 Aug 11, 1999 Jkt 183247 PO 00000 Frm 00044 Fmt 4700 Sfmt 4700 E:\FR\FM\12AUR1.XXX pfrm07 PsN: 12AUR1 Federal Register / Vol. 64, No. 155 / Thursday, August 12, 1999 / Rules and Regulations 43941 requirements on all communications DEPARTMENT OF COMMERCE paragraph (aa) is revised to read as common carriers. follows:’’. 27. Report to Congress: The National Oceanic and Atmospheric 3. On the same page, in the same Commission will send a copy of this Administration column, under § 622.7(aa), in the last Order, including this FRFA, in a report line, ‘‘§ 622.41(h)(3)’’ is corrected to to be sent to Congress pursuant to the 50 CFR Part 622 read ‘‘§ 622.41(g)(3)(i) or (h)(3)’’. Small Business Regulatory Enforcement [Docket No. 990330083±9166±02; I.D. § 622.41 [Corrected] Fairness Act of 1996, 5 U.S.C. 031999B] 801(a)(1)(A). In addition, the 4. On page 37694, in the 1st column, Commission will send a copy of this RIN 0648±AK32 under § 622.41(h)(3)(i)(B), in the 2nd and 6th lines ‘‘RA’’ is corected to read ‘‘RD’’ Order, including FRFA, to the Chief Fisheries of the Caribbean, Gulf of in both places. Counsel for Advocacy of the Small Mexico, and South Atlantic; Shrimp 5. On the same page, in the 2nd Business Administration. A copy of the Fishery of the Gulf of Mexico; Final column, under § 622.41(h)(3)(ii), in the Order and FRFA (or summaries thereof) Rule; Correction will also be published in the Federal 6th, 9th, and 31st lines ‘‘RA’’ is corrected Register. AGENCY: National Marine Fisheries to read ‘‘RD’’ in three places. Service, (NMFS), National Oceanic and VI. Conclusion and Ordering Clauses Dated: August 6, 1999. Atmospheric Administration (NOAA), Andrew A. Rosenberg, 28. Accordingly, It is ordered that Commerce. Deputy Assistant Administrator for Fisheries, pursuant to sections 1, 4, 10, 11, and ACTION: Final rule; correction. National Marine Fisheries Service. 212, of the Communications Act of [FR Doc. 99–20901 Filed 8–11–99; 8:45 am] 1934, as amended, 47 U.S.C. 151, 154, SUMMARY: NMFS issues a correction to BILLING CODE 3510±22±F 160, 161, and 212, the policies, rules, the final rule, published in the Federal and requirements set forth herein ARE Register on July 13, 1999, which ADOPTED. established procedures for the testing DEPARTMENT OF COMMERCE 29. It is further ordered That pursuant and certification of bycatch reduction to section 11 of the Communications devices for use in shrimp trawls in the National Oceanic and Atmospheric Act of 1934, as amended, 47 U.S.C. 161, exclusive economic zone in the Gulf of Administration that part 62 of the Commission’s rules, Mexico. This action corrects a 47 CFR part 62, is no longer in the prohibition by adding a cross reference 50 CFR Part 679 public interest, and therefore is applicable to the South Atlantic shrimp [Docket No. 990304062±9062±01; I.D. REMOVED, effective 30 days after fishery that was inadvertently omitted, 080999B] publication of the text thereof in the corrects an amendatory instruction, Federal Register. corrects an erroneous cross reference in Fisheries of the Exclusive Economic 30. It is further ordered That pursuant the DATES section, and corrects an Zone Off Alaska; Other Rockfish in the to section 10 of the Communications erroneous acronym in § 622.41(h)(3). Western Regulatory Area of the Gulf of Act of 1934, as amended, 47 U.S.C. 160, DATES: Effective August 12, 1999. Alaska the Commission WILL FORBEAR from FOR FURTHER INFORMATION CONTACT: those provisions of section 212 AGENCY: National Marine Fisheries Rodney C. Dalton, 727–570–5325. addressing interlocking directorates, 47 Service (NMFS), National Oceanic and U.S.C. 212, effective 30 days after SUPPLEMENTARY INFORMATION: On July Atmospheric Administration (NOAA), publication of the text thereof in the 13, 1999, NMFS published a final rule, Commerce. Federal Register. at 64 FR 37690, that established ACTION: Closure. 31. It is further ordered That the procedures for the testing and Commission’s Office of Public Affairs, certification of bycatch reduction SUMMARY: NMFS is prohibiting retention Reference Operations Division, shall devices for use in shrimp trawls in the of other rockfish in the Western send a copy of this Order, including the exclusive economic zone in the Gulf of Regulatory Area of the Gulf of Alaska Final Regulatory Flexibility Analysis, to Mexico. This rule corrects § 622.7(aa) to (GOA). NMFS is requiring that catch of the Chief Counsel for Advocacy of the incorporate the applicable cross other rockfish in this area be treated in Small Business Administration. reference regarding the South Atlantic the same manner as prohibited species shrimp fishery. Also, this rule corrects and discarded at sea with a minimum of List of Subjects in 47 CFR part 62 cross references in the DATES section. In injury. This action is necessary because Antitrust, Communications common addition, this rule corrects an acronym the amount of the 1999 total allowable carriers, Radio, Reporting and in § 622.41(3)(i)(B) and (3)(ii). catch (TAC) of other rockfish in this recordkeeping requirements, Telegraph Corrections area has been reached. and telephone. DATES: Effective 1200 hrs, Alaska local In final rule FR Doc. 99–17488 Federal Communications Commission. time (A.l.t.), August 9, 1999, until 2400 published on July 13, 1999 (64 FR hrs, A.l.t., December 31, 1999. William F. Caton, 37690), make the following corrections: Deputy Secretary. 1. On page 37690, in the 3rd column, FOR FURTHER INFORMATION CONTACT: Thomas Pearson 907–481–1780 or Rule Changes under DATES, in the 11th and 12th lines, ‘‘§ 622.41(h)(4)(i) and (h)(4)(ii),’’ is [email protected]. PART 62Ð[REMOVED] corrected to read ‘‘§ 622.41(h)(3)(i) and SUPPLEMENTARY INFORMATION: NMFS (h)(3)(ii),’’. manages the groundfish fishery in the Accordingly, under the authority 47 GOA exclusive economic zone U.S.C. 154, amend 47 CFR chapter I by § 622.7 [Corrected] according to the Fishery Management removing part 62. 2. On page 37693, in the 3rd column, Plan for Groundfish of the Gulf of [FR Doc. 99–20886 Filed 8–11–99; 8:45 am] amendatory instruction 2 is corrected to Alaska (FMP) prepared by the North BILLING CODE 6712±01±U read as follows: ‘‘2. In § 622.7, Pacific Fishery Management Council

VerDate 18-JUN-99 15:56 Aug 11, 1999 Jkt 183247 PO 00000 Frm 00045 Fmt 4700 Sfmt 4700 E:\FR\FM\12AUR1.XXX pfrm07 PsN: 12AUR1 43942 Federal Register / Vol. 64, No. 155 / Thursday, August 12, 1999 / Rules and Regulations under authority of the Magnuson- DEPARTMENT OF COMMERCE Regulatory Area was closed under Stevens Fishery Conservation and § 679.20(d)(iii) on July 11, 1999, (64 FR Management Act. Regulations governing National Oceanic and Atmospheric 37884, July 14, 1999) and reopened on fishing by U.S. vessels in accordance Administration August 6, 1999 (notification filed by the with the FMP appear at subpart H of 50 Office of the Federal Register on August CFR part 600 and 50 CFR part 679. 50 CFR Part 679 5, 1999). The 1999 TAC of other rockfish in the [Docket No. 990304062±9062±01; I.D. In accordance with § 679.20(d)(1)(i), Western Regulatory Area of the GOA 080999A] the Administrator, Alaska Region, was established as 20 metric tons by the NMFS (Regional Administrator), has Fisheries of the Exclusive Economic Final 1999 Harvest Specifications of determined that the 1999 TAC for Zone Off Alaska; Pacific Ocean Perch Groundfish for the GOA (64 FR 12094, Pacific ocean perch will be reached. in the Central Regulatory Area of the March 11, 1999). See § 679.20(c)(3)(ii). Therefore, the Regional Administrator is Gulf of Alaska establishing a directed fishing In accordance with § 679.20(d)(2), the allowance of 5,760 mt, and is setting Administrator, Alaska Region, NMFS, AGENCY: National Marine Fisheries aside the remaining 1,000 mt as bycatch has determined that the 1999 TAC of Service (NMFS), National Oceanic and to support other anticipated groundfish other rockfish in the Western Regulatory Atmospheric Administration (NOAA), fisheries. In accordance with Area of the GOA has been reached. Commerce. § 679.20(d)(1)(iii), the Regional Therefore, NMFS is requiring that ACTION: Closure. Administrator finds that this directed further catches of other rockfish in the fishing allowance has been reached. Western Regulatory Area of the GOA be SUMMARY: NMFS is prohibiting directed Consequently, NMFS is prohibiting treated as prohibited species in fishing for Pacific ocean perch in the directed fishing for Pacific ocean perch accordance with § 679.21(b). Central Regulatory Area of the Gulf of Alaska (GOA). This action is necessary in the Central Regulatory Area. Classification to prevent exceeding the 1999 total Maximum retainable bycatch amounts allowable catch (TAC) of Pacific ocean may be found in the regulations at This action responds to the best § 679.20(e) and (f). available information recently obtained perch in this area. from the fishery. It must be DATES: Effective 1200 hrs, Alaska local Classification time (A.l.t.), August 9, 1999, through implemented immediately to prevent This action responds to the best 2400 hrs, A.l.t., December 31, 1999. overharvesting the 1999 TAC for other available information recently obtained rockfish in the Western Regulatory Area FOR FURTHER INFORMATION CONTACT: from the fishery. It must be of the GOA. A delay in the effective date Mary Furuness, 907–586–7228. implemented immediately to prevent is impracticable and contrary to the SUPPLEMENTARY INFORMATION: NMFS overharvesting the 1999 TAC of Pacific public interest. The fleet has taken the manages the groundfish fishery in the ocean perch for the Central Regulatory amount of the 1999 TAC for other GOA exclusive economic zone Area of the GOA. A delay in the rockfish in the Western Regulatory Area according to the Fishery Management effective date is impracticable and of the GOA. Further delay would only Plan for Groundfish of the Gulf of contrary to the public interest. Further result in overharvest. NMFS finds for Alaska (FMP) prepared by the North delay would only result in overharvest. good cause that the implementation of Pacific Fishery Management Council NMFS finds for good cause that the this action cannot be delayed for 30 under authority of the Magnuson- implementation of this action should days. Accordingly, under 5 U.S.C. Stevens Fishery Conservation and not be delayed for 30 days. Accordingly, 553(d), a delay in the effective date is Management Act. Regulations governing under 5 U.S.C. 553(d), a delay in the hereby waived. fishing by U.S. vessels in accordance effective date is hereby waived. This action is required by § 679.20 with the FMP appear at subpart H of 50 This action is required by 50 CFR and is exempt from review under E.O. CFR part 600 and 50 CFR part 679. 679.20 and is exempt from review under 12866. The 1999 TAC of Pacific ocean perch E.O. 12866. Authority: 16 U.S.C. 1801 et seq. in the Central Regulatory Area of the Authority: 16 U.S.C. 1801 et seq. Gulf of Alaska was established by the Dated: August 9, 1999. Final 1998 Harvest Specifications of Dated: August 9, 1999. Bruce C. Morehead, Groundfish for the GOA (64 FR 12094, Bruce C. Morehead, Acting Director, Office of Sustainable March 11, 1999) as 6,760 metric tons Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. (mt), determined in accordance with Fisheries, National Marine Fisheries Service. [FR Doc. 99–20904 Filed 8–9–99; 4:56 pm] § 679.20(c)(3)(ii). The directed fishery [FR Doc. 99–20921 Filed 8–9–99; 4:56 pm] BILLING CODE 3510±22±F for Pacific ocean perch in the Central BILLING CODE 3510±22±F

VerDate 18-JUN-99 15:56 Aug 11, 1999 Jkt 183247 PO 00000 Frm 00046 Fmt 4700 Sfmt 4700 E:\FR\FM\12AUR1.XXX pfrm07 PsN: 12AUR1 43943

Proposed Rules Federal Register Vol. 64, No. 155

Thursday, August 12, 1999

This section of the FEDERAL REGISTER Washington, telephone (425) 227–2799; compliance with the approach climb contains notices to the public of the proposed facsimile (425) 227–1149. requirements of § 25.121(d). Appendix I issuance of rules and regulations. The SUPPLEMENTARY INFORMATION: to part 25 limits the application of purpose of these notices is to give interested performance credit for ATTCS to takeoff persons an opportunity to participate in the Comments Invited only. Since the airworthiness rule making prior to the adoption of the final rules. Interested persons are invited to regulations do not contain appropriate participate in the making of these safety standards for approach climb proposed special conditions by performance using ATTCS, special DEPARTMENT OF TRANSPORTATION submitting such written data, views, or conditions are required to ensure a level arguments, as they may desire. of safety equivalent to that established Federal Aviation Administration Communications should identify the in the regulations. regulatory docket or notice number and Type Certification Basis 14 CFR part 25 be submitted in duplicate to the address [Docket No. NM162; Notice No. 25±99±08± specified above. All communications Under the provisions of 14 CFR SC] received on or before the closing date 21.101, Bombardier must show that the for comments will be considered by the Model DHC–8–400 meets the applicable Special Conditions: Bombardier Model Administrator. The proposals described provisions of the regulations DHC±8±400 Airplane; Automatic in this notice may be changed in light incorporated by reference in Type Takeoff Thrust Control System of the comments received. All Certificate No. A13NM or the applicable regulations in effect on the date of AGENCY: comments received will be available in Federal Aviation application for the change to the type Administration (FAA), DOT. the Rules Docket for examination by interested persons, both before and after certificate. The regulations incorporated ACTION: Notice of proposed special the closing date for comments. A report by reference in the type certificate are conditions. summarizing each substantive public commonly referred to as the ‘‘original type certification basis.’’ The regulations SUMMARY: This notice proposes special contact with FAA personnel concerning incorporated by reference in Type conditions for the Bombardier Model this rulemaking will be filed in the Certificate No. A13NM are as follows: DHC–8–400 series airplanes. This new docket. Persons wishing the FAA to part 25, effective February 1, 1965, airplane will have a novel or unusual acknowledge receipt of their comments including Amendments 25–1 through design feature associated with an submitted in response to this notice 25–86, and § 25.109 as amended by Automatic Takeoff Thrust Control must include with those comments a Amendment 92. The certification basis System (ATTCS). The applicable self-addressed, stamped postcard on may also include later amendments to airworthiness regulations do not contain which the following statement is made: part 25 that are not relevant to these appropriate safety standards for ‘‘Comments to Docket No. NM162.’’ The special conditions. In addition, the approach climb performance using an postcard will be date stamped and certification basis for the Model DHC– ATTCS. These proposed special returned to the commenter. 8–400 includes part 34, effective conditions contain the additional safety Background September 10, 1990, including standards that the Administrator Amendment 34–3 effective February 3, considers necessary to establish a level On January 31, 1995, Bombardier 1999, plus any amendments in effect at of safety equivalent to that established Regional Aircraft, 123 Garratt Blvd., the time of certification; and part 36, by the existing airworthiness standards. Downsview, Ontario, France, M3K 1Y5, applied for an amended type certificate effective December 1, 1969, including DATES: Comments must be received on to include the new Bombardier Model Amendments 36–1 through 36–21 and or before September 13, 1999. DHC–8–400 airplane. The Bombardier any subsequent amendments which will ADDRESSES: Comments on this proposal Model DHC–8–400, which is a be applicable on the date the type may be mailed in duplicate to: Federal derivative of the Bombardier (formerly certificate is issued. These special Aviation Administration, Transport de Havilland, Inc.) Model DHC 8–300 conditions form an additional part of Airplane Directorate, Attention: Rules series airplanes currently under Type the type certification basis. In addition, Docket (ANM–14), Docket No. NM162, Certificate No. A13NM is a medium- the certification basis may include other 1601 Lind Avenue SW., Renton, sized airplane powered by two Pratt & special conditions that are not relevant Washington, 98055; or delivered in Whitney Canada PW150A to these special conditions. duplicate to the Transport Airplane turbopropeller engines mounted on the If the Administrator finds that the Directorate at the above address. wings. Each engine is equipped with a applicable airworthiness regulations Comments must be marked ‘‘Docket No. Dowty Aerospace Model R408 propeller (i.e., part 25, as amended) do not NM162.’’ Comments may be inspected and is capable of delivering 5071 contain adequate or appropriate safety in the Rules Docket weekdays, except horsepower at takeoff. The airplane is standards for the Bombardier Model Federal holidays, between 7:30 a.m. and configured for five flight crewmembers DHC–8–400 because of a novel or 4 p.m. and 78 passengers. unusual design feature, special FOR FURTHER INFORMATION CONTACT: Greg The Bombardier Model DHC–8–400 conditions are prescribed under the Dunn, FAA, Transport Airplane incorporates an unusual design feature, provisions of § 21.16. Directorate, Aircraft Certification Office, the Automatic Takeoff Thrust Control In addition to the applicable Standardization Branch, ANM–113, System (ATTCS), referred to by airworthiness regulations and special 1601 Lind Avenue SW., Renton, Bombardier as uptrim, to show conditions, the Model DHC–8–400 must

VerDate 18-JUN-99 08:59 Aug 11, 1999 Jkt 183247 PO 00000 Frm 00001 Fmt 4702 Sfmt 4702 E:\FR\FM\A12AU2.022 pfrm07 PsN: 12AUP1 43944 Federal Register / Vol. 64, No. 155 / Thursday, August 12, 1999 / Proposed Rules comply with the fuel vent and exhaust Takeoff Power (NTOP), an ‘‘A/F ARM’’ consideration. As stated in the preamble emission requirements of 14 CFR part message on the engine display will to Amendment 25–62: ‘‘In regard to 34 and the noise certification confirm to the pilot that the system is ATTCS credit for approach climb and requirements of 14 CFR part 36. armed and autofeather and uptrim will go-around maneuvers, current Special conditions, as appropriate, are occur without any further action by the regulations preclude a higher thrust for issued in accordance with § 11.49 after crew if an engine fails. During go- the approach climb (§ 25.121(d)) than public notice, as required by §§ 11.28 around the uptrim will be automatically for the landing climb (§ 25.119). The and 11.29(b), and become part of the armed as soon as the control (power) workload required for the flightcrew to type certification basis in accordance levers are set to the takeoff (go-around) monitor and select from multiple in- with § 21.101(b)(2). configuration. flight thrust settings in the event of an Special conditions are initially Engine power is set to NTOP, which engine failure during a critical point in applicable to the model for which they is 90 percent of MTOP, to initiate the the approach, landing, or go-around are issued. Should the type certificate takeoff roll. The value of NTOP for the operations is excessive. Therefore, the for that model be amended later to current ambient conditions will be FAA does not agree that the scope of the include any other model that calculated and set by the FADEC. amendment should be changed to incorporates the same novel or unusual Following an engine failure during include the use of ATTCS for anything design feature, or should any other takeoff or go-around, the ATTCS will except the takeoff phase’’ (52 FR 43153, model already included on the same change the power reference on the November 9, 1987). type certificate be modified to operating engine to achieve the MTOP The ATTCS incorporated on the incorporate the same novel or unusual rating if the engine power was originally Model DHC–8–400 allows the pilot to design feature, the special conditions set to NTOP. If the reduced power use the same power setting procedure would also apply to the other model takeoff option is being used the ATTCS during a go-around, regardless of under the provisions of § 21.101(a)(1). will increase the power of the operating whether or not an engine fails. In either Novel or Unusual Design Features engine from 90 percent to 100 percent case, the pilot obtains go-around power of the corresponding set power. by moving the throttles into the forward The Model DHC–8–400 will The engine operating limits (turbine (takeoff/go-around) throttle detent. incorporate the following novel or temperature and RPM) for NTOP are set Since the ATTCS is permanently armed, unusual design feature: the Automatic and displayed to the pilot when that it will function automatically following Takeoff Thrust Control System rating is selected. These limits are set an engine failure, and advance the (ATTCS), referred to by Bombardier as such that the engine red line limits are remaining engine to the ATTCS thrust uptrim, to show compliance with the not exceeded when an uptrim is level. Therefore, this design adequately approach climb requirements of applied. When MTOP rating is selected § 25.121(d). The Bombardier Model or triggered, the engine limits are reset addresses the pilot workload concerns DHC–8–400 is a medium-sized airplane automatically to reflect the engine red identified in the preamble to powered by two Pratt & Whitney Canada line limits. Amendment 25–62. Accordingly, these PW150A turbopropeller engines When both Power Lever Angles (PLA) proposed special conditions would equipped with Full Authority Digital are high and both the Condition Lever require a showing of compliance with Engine Controls (FADEC) that, in part, Angles (CLA) are at maximum position those provisions of § 25.904 and protect against exceeding engine limits. (MAX), the system is armed. If the Appendix I that are applicable to the The Model DHC–8–400 is also equipped torque on one engine drops below 25 approach climb and go-around with Dowty Aerospace Model R408 percent, the PEC on the failed engine maneuvers. propellers as part of the propulsion sends an uptrim signal to the remaining The definition of a critical time package. The propellers incorporate a engine. Other conditions that will interval for the approach climb case, Propeller Electronic Control (PEC) that trigger the uptrim are the reduction of during which time it must be extremely functions with the FADEC to control the prop speed (Np) below 80 percent or the improbable to violate a flight path based engine/propeller system. automatic feathering of the prop. The on the § 25.121(d) gradient requirement, The Model DHC–8–400 incorporates a power levers will continue to function is of primary importance. The non-moving throttle system that normally should the ATTCS fail. The § 25.121(d) gradient requirement functions by placing the throttle levers MTOP can also be selected by pressing implies a minimum one-engine- in detents for the takeoff and climb the ‘‘MTOP’’ switch on the engine inoperative flight path capability with phases of flight, allowing the FADEC to control panel. The full MTOP is the airplane in the approach schedule power settings based on flight available if the pilot elects to push the configuration. The engine may have phase. With the uptrim and associated PLA past the takeoff power detent into been inoperative before initiating the go- systems functioning normally as the over travel range. around, or it may become inoperative designed, all applicable requirements of To deactivate the uptrim, the PLA’s during the go-around. The definition of part 25 of the Federal Aviation should be moved out of the rating detent the critical time interval must consider Regulations (FAR) and paragraph 25 of to a position less than 60 degrees (PLA both possibilities. the Joint Aviation Requirements (JAR), not high) or the CLA of the active engine Applicability will be met without requiring any action should be moved out of the MAX/1020 by the crew to increase power. takeoff detent. As discussed above, these proposed Automatic takeoff power control on The part 25 standards for ATTCS, special conditions would be applicable the Model DHC–8–400 involves contained in § 25.904 and Appendix I, to the Bombardier Model DHC–8–400. uptrimming the remaining engine to specifically restrict performance credit Should Bombardier apply at a later date Maximum Takeoff Power (MTOP) and for ATTCS to takeoff. Expanding the for a change to the type certificate to autofeathering the propeller on the scope of the standards to include other include another model incorporating the failed engine. These actions will be phases of flight, including go-around, same novel or unusual design feature, controlled by the PEC. At takeoff when was considered at the time the these special conditions would apply to AUTOFEATHER (A/F) is selected and standards were issued, but flightcrew that model as well under the provisions the power levers are set to Normal workload issues precluded further of § 21.101(a)(1).

VerDate 18-JUN-99 08:59 Aug 11, 1999 Jkt 183247 PO 00000 Frm 00002 Fmt 4702 Sfmt 4702 E:\FR\FM\A12AU2.022 pfrm07 PsN: 12AUP1 Federal Register / Vol. 64, No. 155 / Thursday, August 12, 1999 / Proposed Rules 43945

Conclusion the beginning of the critical time simultaneous engine and ATTCS This action affects only certain design interval. failure, the resulting approach climb features on the Bombardier Model DHC– b. Thrust Setting. The initial takeoff flight path intersects a flight path 8–400 airplane. It is not a rule of general thrust set on each engine at the originating at a later point on the same applicability and affects only the beginning of the takeoff roll or go- approach path corresponding to the part manufacturer who applied to the FAA around may not be less than: 25 one-engine-inoperative approach (1) Ninety (90) percent of the thrust for approval of these features on the climb gradient. The period of time from level set by the ATTCS (the maximum airplane. the point of simultaneous engine and takeoff thrust or power approved for the ATTCS failure to the intersection of List of Subjects in 14 CFR Part 25 airplane under existing ambient these flight paths must be no shorter Aircraft, Aviation safety, Reporting conditions); than the time interval used in evaluating and recordkeeping requirements. (2) That required to permit normal the critical time interval for takeoff operation of all safety-related systems beginning from the point of The authority citation for these and equipment dependent upon engine simultaneous engine and ATTCS failure proposed special conditions is as thrust or power lever position; or and ending upon reaching a height of follows: (3) That shown to be free of hazardous 400 feet. Authority: 49 U.S.C. 106(g), 40113, 44701– engine response characteristics when (2) The critical time interval ends at 44702, 44704. thrust is advanced from the initial the point on a minimum performance, The Proposed Special Conditions takeoff thrust or power to the maximum all-engines-operating go-around flight approved takeoff thrust or power. path from which, assuming a Accordingly, the Federal Aviation c. Powerplant Controls. In addition to Administration (FAA) proposes the simultaneous engine and ATTCS the requirements of § 25.1141, no single failure, the resulting minimum following special conditions as part of failure or malfunction, or probable the type certification basis for the approach climb flight path intersects a combination thereof, of the ATTCS, flight path corresponding to the part 25 Bombardier Regional Aircraft Model including associated systems, may cause DHC–8–400 airplane. minimum one-engine-inoperative the failure of any powerplant function approach climb gradient. The all- 1. General. An Automatic Takeoff necessary for safety. The ATTCS must Thrust Control System (ATTCS) is engines-operating go-around flight path be designed to: and the part 25 one-engine-inoperative defined as the entire automatic system, (1) Apply thrust or power on the approach climb gradient flight path including all devices, both mechanical operating engine(s), following any one originate from a common point on a 2.5 and electrical that sense engine failure, engine failure during takeoff or go- degree approach path. The period of transmit signals, actuate fuel controls or around, to achieve the maximum time from the point of simultaneous power levers, or increase engine power approved takeoff thrust or power engine and ATTCS failure to the by other means on operating engines to without exceeding engine operating intersection of these flight paths must be achieve scheduled thrust or power limits; and no shorter than the time interval used in increases and furnish cockpit (2) Provide a means to verify to the evaluating the critical time interval for information on system operation. flightcrew before takeoff and before the takeoff beginning from the point of 2. ATTCS. The engine power control beginning an approach for landing that simultaneous engine and ATTCS failure system that automatically resets the the ATTCS is in a condition to operate. power or thrust on the operating engine 3. Critical Time Interval. The and ending upon reaching a height of (following engine failure during the definition of the Critical Time Interval 400 feet. approach for landing) must comply with in Appendix I, Section I25.2(b) shall be b. The critical time interval must be the following requirements: expanded to include the following: determined at the altitude resulting in a. Performance and System Reliability a. When conducting an approach for the longest critical time interval for Requirements. The probability analysis landing using ATTCS, the critical time which one-engine-inoperative approach must include consideration of ATTCS interval is defined as follows: climb performance data are presented in failure occurring after the time at which (1) The critical time interval begins at the Airplane Flight Manual. the flightcrew last verifies that the a point on a 2.5 degree approach glide c. The critical time interval is ATTCS is in a condition to operate until path from which, assuming a illustrated in the following figure:

VerDate 18-JUN-99 08:59 Aug 11, 1999 Jkt 183247 PO 00000 Frm 00003 Fmt 4702 Sfmt 4702 E:\FR\FM\A12AU2.023 pfrm07 PsN: 12AUP1 43946 Federal Register / Vol. 64, No. 155 / Thursday, August 12, 1999 / Proposed Rules

* The engine and ATTCS failed time The applicable type certification Comments Invited interval must be no shorter than the time regulations do not contain adequate or Interested persons are invited to interval from the point of simultaneous appropriate safety standards for the engine and ATTCS failure to a height of 400 participate in the making of these feet used to comply with I25.2(b) for ATTCS protection of this system from the proposed special conditions by use during takeoff. effects of high-intensity radiated fields submitting such written data, views, or Issued in Renton, Washington, on August (HIRF). These special conditions arguments, as they may desire. 4, 1999. provide the additional safety standards Communications should identify the Donald L. Riggin, that the Administrator considers regulatory docket or notice number and Acting Manager, Transport Airplane necessary to ensure that the critical be submitted in duplicate to the address Directorate Aircraft Certification Service, functions that this system performs are specified above. All communications ANM–100. maintained when the airplane is received on or before the closing date [FR Doc. 99–20857 Filed 8–11–99; 8:45 am] exposed to HIRF. for comments will be considered by the BILLING CODE 4910±13±P Administrator. The proposals described DATES: Comments must be received on in this notice may be changed in light or before September 13, 1999. of the comments received. All DEPARTMENT OF TRANSPORTATION ADDRESSES: Comments on this proposal comments received will be available in may be mailed in duplicate to: Federal the Rules Docket for examination by Federal Aviation Administration Aviation Administration, Transport interested persons, both before and after the closing date for comments. A report Airplane Directorate, Attention: Rules 14 CFR part 25 summarizing each substantive public Docket (ANM–114), Docket No. NM160, contact with FAA personnel concerning [Docket No. NM160, Notice No. 25±99±07± 1601 Lind Avenue SW., Renton, SC] this rulemaking will be filed in the Washington, 98055–4056; or delivered docket. Persons wishing the FAA to Special Conditions: Dassault Aviation in duplicate to the Transport Airplane acknowledge receipt of their comments Falcon Model 20±C5/±D5/±E5/±F5 Directorate at the above address. submitted in response to this notice Airplanes; High Intensity Radiated Comments must be marked: Docket No. must include with those comments a Fields (HIRF) NM160. Comments may be inspected in self-addressed, stamped postcard on the Rules Docket weekdays, except which the following statement is made: AGENCY: Federal Aviation Federal holidays, between 7:30 a.m. and ‘‘Comments to Docket No. NM160.’’ The Administration (FAA), DOT. 4 p.m. postcard will be date stamped and ACTION: Notice of proposed special returned to the commenter. FOR FURTHER INFORMATION CONTACT: conditions. Connie Beane, FAA, Transport Airplane Background SUMMARY: This notice proposes special Directorate, Aircraft Certification On November 8, 1998, Garrett conditions for the Dassault Aviation Service, Standardization Branch, ANM– Aviation Services applied for a Falcon Model 20–C5/–D5/–E5/–F5 113, 1601 Lind Avenue SW., Renton, supplemental type certificate (STC) to airplanes as modified by Garrett Washington, 98055–4056; telephone modify Dassault Aviation Falcon Model Aviation Services. The Model 20–C5/– (425) 227–2796; facsimile (425) 227– 20–C5/–D5/–E5/–F5 airplanes listed on D5/–E5/–F5 airplanes are equipped with 1149. Type Certificate A7EU. a high-technology digital avionics The Model 20–C5/–D5/–E5/–F5 series SUPPLEMENTARY INFORMATION: system that performs critical functions. of low wing airplanes are pressurized

VerDate 18-JUN-99 08:59 Aug 11, 1999 Jkt 183247 PO 00000 Frm 00004 Fmt 4702 Sfmt 4702 E:\FR\FM\A12AU2.024 pfrm07 PsN: 12AUP1 Federal Register / Vol. 64, No. 155 / Thursday, August 12, 1999 / Proposed Rules 43947 airplanes with twin, Garrett TRE731– Special conditions are initially emitters, an adequate level of protection 5AR turbofans that are configured for 8– applicable to the model for which they exists when compliance with the HIRF 10 passengers and a crew of 2. The are issued. Should Garrett Aviation protection special condition is shown airplane has a maximum takeoff weight Services apply for a supplemental type with either paragraph 1 or 2 below: of 29,000 pounds, a maximum landing certificate to modify any other model 1. A minimum threat of 100 volts per weight of 27,734 pounds, and a range of included on the same type certificate to meter peak electric field strength from 1600 nautical miles. The overall length incorporate the same novel or unusual 10 KHz to 18 GHz. of the Falcon Model 20–C5/–D5/–E5/– design feature, the special conditions a. The threat must be applied to the F5 airplanes is 56 feet 3 inches, and the would also apply to the other model system elements and their associated wing span is 53 feet, 6 inches. under the provisions of § 21.101(a)(1). The modification incorporates the wiring harnesses without the benefit of installation of flat panel displays for Novel or Unusual Design Features airframe shielding. display of critical flight parameters The modified Dassault Aviation b. Demonstration of this level of (altitude, airspeed, and attitude) to the Falcon Model 20–C5/–D5/–E5/–F5 protection is established through system crew. These displays can be susceptible airplanes will incorporate the following tests and analysis. to disruption to both command/ new design feature: a new electronic flat 2. A threat external to the airframe of response signals as a result of electrical panel display system, which was not the following field strengths for the and magnetic interference. This available at the time of certification of frequency ranges indicated. disruption of signals could result in loss these airplanes, that performs critical of all critical flight displays and functions. This system may be Frequency annunciations or present misleading vulnerable to HIRF external to the Field Strength (volts per meter) Aver- information to the pilot. airplane. Peak age Type Certification Basis Discussion 10 kHz±100 kHz ...... 50 50 Under the provisions of 14 CFR There is no specific regulation that 100 kHz±500 kHz ...... 50 50 21.101, Garrett Aviation Services must addresses protection requirements for 500 kHz±2 MHz ...... 50 50 show that the Dassault Aviation Falcon electrical and electronic systems from 2 MHz±30 MHz ...... 100 100 Model 20–C5/–D5/–E5/–F5 airplanes, as HIRF. Increased power levels from 30 MHz±70 MHz ...... 50 50 changed, continue to meet the ground-based radio transmitters and the 70 MHz±100 MHz ...... 50 50 applicable provisions of the regulations growing use of sensitive electrical and 100 MHz±200 MHz ...... 100 100 incorporated by reference in Type electronic systems to command and 200 MHz±400 MHz ...... 100 100 400 MHz±700 MHz ...... 700 50 Certificate No. A7EU, or the applicable control airplanes have made it necessary 700 MHz±1 GHz ...... 700 100 regulations in effect on the date of to provide adequate protection. 1 GHz±2 GHz ...... 2000 200 application for the change. The To ensure that a level of safety is 2 GHz±4 GHz ...... 3000 200 regulations incorporated by reference in achieved equivalent to that intended by 4 GHz±6 GHz ...... 3000 200 the type certificate are commonly the regulations incorporated by 6 GHz±8 GHz ...... 1000 200 referred to as the ‘‘original type reference, special conditions are needed 8 GHz±12 GHz ...... 3000 300 certification basis.’’ The regulations for the Dassault Aviation Falcon Model 12 GHz±18 GHz ...... 2000 200 incorporated by reference in Type 20–C5/–D5/–E5/–F5 airplanes, which 18 GHz±40 GHz ...... 600 200 Certificate No. A7EU are as follows: require that new electrical and The field strengths are expressed in terms The certification basis for the electronic systems, such as the flat of peak root-mean-square (rms) values. modified Dassault Aviation Falcon panel displays for display of critical Model 20–C5/–D5/–E5/–F5 airplanes flight parameters (altitude, airspeed, and include CAR 4b effective December attitude) to the crew, that perform The threat levels identified above are 1953, through Amendment 4b–12 and critical functions be designed and the result of an FAA review of existing SR422B, as amended by type certificate installed to preclude component studies on the subject of HIRF, in light data sheet. damage and interruption of function of the ongoing work of the If the Administrator finds that the due to both the direct and indirect Electromagnetic Effects Harmonization applicable airworthiness regulations effects of HIRF. Working Group of the Aviation (i.e., CAR 4b, as amended) do not Rulemaking Advisory Committee. In contain adequate or appropriate safety High-Intensity Radiated Fields (HIRF) general, these standards are less critical standards for the Dassault Aviation With the trend toward increased than the threat level that was previously Falcon Model 20–C5/–D5/–E5/–F5 power levels from ground-based used as the basis for some earlier special airplanes because of a novel or unusual transmitters, plus the advent of space conditions. design feature, special conditions are and satellite communications coupled Applicability prescribed under the provisions of with electronic command and control of § 21.16. the airplane, the immunity of critical As discussed above, these special In addition to the applicable digital avionics systems to HIRF must be conditions are applicable to Dassault airworthiness regulations and special established. Aviation Falcon Model 20–C5/–D5/–E5/ conditions, the Model 20–C5/–D5/–E5/– It is not possible to precisely define –F5 airplanes modified by Garrett F5 must comply with the fuel vent and the HIRF to which the airplane will be Aviation Services. Should Garrett exhaust emission requirements of 14 exposed in service. There is also Aviation Services apply at a later date CFR part 34 and the noise certification uncertainty concerning the effectiveness for a supplemental type certificate to requirements of 14 CFR part 36. of airframe shielding for HIRF. modify any other model included on the Special conditions, as appropriate, are Furthermore, coupling of same type certificate to incorporate the issued in accordance with 14 CFR 11.49, electromagnetic energy to cockpit- same novel or unusual design feature, as required by §§ 11.28 and 11.29(b), installed equipment through the cockpit these special conditions would apply to and become part of the type certification window apertures is undefined. Based that model as well under the provisions basis in accordance with § 21.101(b)(2). on surveys and analysis of existing HIRF of § 21.101(a)(1).

VerDate 18-JUN-99 08:59 Aug 11, 1999 Jkt 183247 PO 00000 Frm 00005 Fmt 4702 Sfmt 4702 E:\FR\FM\A12AU2.025 pfrm07 PsN: 12AUP1 43948 Federal Register / Vol. 64, No. 155 / Thursday, August 12, 1999 / Proposed Rules

Conclusion DEPARTMENT OF TRANSPORTATION FOR FURTHER INFORMATION CONTACT: Peter Cuneo, Senior Aerospace This action affects only certain novel Federal Aviation Administration Engineer, Systems and Flight Test or unusual design features on Dassault Branch, ANE–172, FAA, Engine and Aviation Falcon Model 20–C5/–D5/–E5/ 14 CFR Part 39 Propeller Directorate, New York Aircraft –F5 airplanes modified by Garrett Certification Office, 10 Fifth Street, Aviation Services. It is not a rule of [Docket No. 98±NM±321±AD] Third Floor, Valley Stream, New York general applicability, and it affects only 11581; telephone (516) 256–7506; fax RIN 2120±AA64 the applicant who applied to the FAA (516) 568–2716. for approval of these features on the Airworthiness Directives; Bombardier SUPPLEMENTARY INFORMATION: airplane. Model DHC±8±102, ±103, ±106, ±201, Comments Invited List of Subjects in 14 CFR Part 25 ±202, ±301, ±311, and ±315 Series Airplanes Interested persons are invited to participate in the making of the Aircraft, Aviation safety, Reporting AGENCY: Federal Aviation proposed rule by submitting such and recordkeeping requirements. Administration, DOT. written data, views, or arguments as The authority citation for these ACTION: Notice of proposed rulemaking they may desire. Communications shall special conditions is as follows: (NPRM). identify the Rules Docket number and Authority: 49 U.S.C. 106(g), 40113, 44701, be submitted in triplicate to the address 44702, 44704. SUMMARY: This document proposes the specified above. All communications supersedure of an existing airworthiness received on or before the closing date The Proposed Special Conditions directive (AD), applicable to certain for comments, specified above, will be Bombardier Model DHC–8–102, –103, considered before taking action on the Accordingly, the Federal Aviation –106, –201, –202, –301, –311, and –315 proposed rule. The proposals contained Administration (FAA) proposes the series airplanes, that currently requires in this notice may be changed in light following special conditions as part of a one-time inspection to detect chafing of the comments received. the type certification basis for Dassault of electrical wires in the cable trough Comments are specifically invited on Aviation Falcon Model 20–C5/–D5/–E5/ below the cabin floor; repair, if the overall regulatory, economic, –F5 airplanes modified by Garrett necessary; installation of additional tie- environmental, and energy aspects of Aviation Services. mounts and tie-wraps; and application the proposed rule. All comments 1. Protection from Unwanted Effects of sealant to rivet heads. This action submitted will be available, both before of High-Intensity Radiated Fields would require the accomplishment of and after the closing date for comments, (HIRF). Each electrical and electronic these same actions on additional in the Rules Docket for examination by system that performs critical functions airplanes. This proposal is prompted by interested persons. A report must be designed and installed to issuance of mandatory continuing summarizing each FAA-public contact concerned with the substance of this ensure that the operation and airworthiness information by a foreign proposal will be filed in the Rules operational capability of these systems civil airworthiness authority. The Docket. to perform critical functions are not actions specified by the proposed AD are intended to prevent chafing of Commenters wishing the FAA to adversely affected when the airplane is electrical wires, which could result in acknowledge receipt of their comments exposed to high intensity radiated an uncommanded shutdown of an submitted in response to this notice fields. engine during flight. must submit a self-addressed, stamped For the purpose of these special DATES: Comments must be received by postcard on which the following conditions, the following definition September 13, 1999. statement is made: ‘‘Comments to applies: Docket Number 98–NM–321–AD.’’ The ADDRESSES: Submit comments in postcard will be date stamped and Critical Functions. Functions whose triplicate to the Federal Aviation returned to the commenter. failure would contribute to or cause a Administration (FAA), Transport failure condition that would prevent the Airplane Directorate, ANM–114, Availability of NPRMs continued safe flight and landing of the Attention: Rules Docket No. 98–NM– Any person may obtain a copy of this airplane. 321–AD, 1601 Lind Avenue, SW., NPRM by submitting a request to the Issued in Renton, Washington, on July 29, Renton, Washington 98055–4056. FAA, Transport Airplane Directorate, 1999. Comments may be inspected at this ANM–114, Attention: Rules Docket No. location between 9 a.m. and 3 p.m., Donald L. Riggin, 98–NM–321–AD, 1601 Lind Avenue, Monday through Friday, except Federal SW., Renton, Washington 98055–4056. Acting Manager, Transport Airplane holidays. Directorate, Aircraft Certification Service, The service information referenced in Discussion ANM–100. the proposed rule may be obtained from On September 14, 1998, the FAA [FR Doc. 99–20859 Filed 8–11–99; 8:45 am] Bombardier, Inc., Bombardier Regional issued AD 98–20–14, amendment 39– BILLING CODE 4910±13±P Aircraft Division, Garratt Boulevard, 10781 (63 FR 50501, September 22, Downsview, Ontario M3K 1Y5, Canada. 1998), applicable to certain Bombardier This information may be examined at Model DHC–8–102, –103, –106, –201, the FAA, Transport Airplane –202, –301, –311, and –315 series Directorate, 1601 Lind Avenue, SW., airplanes, to require a one-time Renton, Washington; or at the FAA, inspection to detect chafing of electrical Engine and Propeller Directorate, New wires in the cable trough below the York Aircraft Certification Office, 10 cabin floor; repair, if necessary; Fifth Street, Third Floor, Valley Stream, installation of additional tie-mounts and New York. tie-wraps; and application of sealant to

VerDate 18-JUN-99 08:59 Aug 11, 1999 Jkt 183247 PO 00000 Frm 00006 Fmt 4702 Sfmt 4702 E:\FR\FM\A12AU2.026 pfrm07 PsN: 12AUP1 Federal Register / Vol. 64, No. 155 / Thursday, August 12, 1999 / Proposed Rules 43949 rivet heads. The requirements of that Differences Between Existing AD, the current or proposed requirements of AD are intended to prevent chafing of Service Bulletin, and Proposed Rule this AD action, and that no operator electrical wires, which could result in Operators should note that would accomplish those actions in the an uncommanded shutdown of an Bombardier Service Bulletin S.B. 8–53– future if this AD were not adopted. engine during flight. 66, dated March 27, 1998, describes, Regulatory Impact and the existing AD requires, a visual Actions Since Issuance of Previous Rule The regulations proposed herein inspection to detect chafing of electrical would not have substantial direct effects Since the issuance of that AD, wires in the cable trough below the on the States, on the relationship Transport Canada Civil Aviation cabin floor. This proposed AD refers to between the national government and (TCCA), which is the airworthiness that inspection as a general visual the States, or on the distribution of authority for Canada, issued Canadian inspection. Note 2 of this AD also power and responsibilities among the airworthiness directive CF–98–08R1, includes a definition of this type of various levels of government. Therefore, dated September 16, 1998. inspection. Airworthiness directive CF–98–08R1 in accordance with Executive Order revises the applicability of Canadian Cost Impact 12612, it is determined that this airworthiness directive CF–98–08, dated There are approximately 231 proposal would not have sufficient March 26, 1998, to include Model DHC– Bombardier Model DHC–8–102, –103, federalism implications to warrant the 8–102, –103, –106, –201, –202, –301, –106, –201, –202, –301, –311, and –315 preparation of a Federalism Assessment. –311, and –315 series airplanes having series airplanes of U.S. registry that For the reasons discussed above, I serial numbers 3 through 540, excluding would be affected by this proposed AD. certify that this proposed regulation (1) serial number 462. Canadian The actions specified in this proposed Is not a ‘‘significant regulatory action’’ airworthiness directive CF–98–08 was rule are currently required by AD 98– under Executive Order 12866; (2) is not applicable to Model DHC–8–102, –103, 20–14, which is applicable to 210 Model a ‘‘significant rule’’ under the DOT –106, –201, –202, –301, –311, and –315 DHC–8–102, –103, –106, –201, and –202 Regulatory Policies and Procedures (44 series airplanes having serial numbers 3 series airplanes. For these airplanes, it FR 11034, February 26, 1979); and (3) if through 519, excluding serial number takes approximately 70 work hours per promulgated, will not have a significant 462. airplane to accomplish the required economic impact, positive or negative, on a substantial number of small entities FAA’s Conclusions actions, at an average labor rate of $60 per work hour. Required parts are under the criteria of the Regulatory These airplane models are provided by the manufacturer at no cost Flexibility Act. A copy of the draft manufactured in Canada and are type to the operators. Based on these figures, regulatory evaluation prepared for this certificated for operation in the United the cost impact of the current action is contained in the Rules Docket. States under the provisions of section requirements of that AD on U.S. A copy of it may be obtained by 21.29 of the Federal Aviation operators of these airplanes is estimated contacting the Rules Docket at the Regulations (14 CFR 21.29) and the to be $882,000, or $4,200 per airplane. location provided under the caption applicable bilateral airworthiness The proposed AD would add no new ADDRESSES. agreement. Pursuant to this bilateral costs for these airplanes. List of Subjects in 14 CFR Part 39 airworthiness agreement, TCCA has The actions specified in this proposed kept the FAA informed of the situation rule are currently required by AD 98– Air transportation, Aircraft, Aviation described above. The FAA has 20–14, which is applicable to 15 Model safety, Safety. examined the findings of TCCA, DHC–8–301, –311, and –315 series The Proposed Amendment reviewed all available information, and airplanes. For these airplanes, it takes determined that AD action is necessary approximately 100 work hours per Accordingly, pursuant to the for products of this type design that are airplane to accomplish the required authority delegated to me by the certificated for operation in the United actions, at an average labor rate of $60 Administrator, the Federal Aviation States. per work hour. Required parts would be Administration proposes to amend part provided by the manufacturer at no cost 39 of the Federal Aviation Regulations Explanation of Requirements of (14 CFR part 39) as follows: Proposed Rule to the operators. Based on these figures, the cost impact of the current PART 39ÐAIRWORTHINESS Since an unsafe condition has been requirements of that AD on U.S. DIRECTIVES identified that is likely to exist or operators of these airplanes is estimated develop on other airplanes of the same to be $90,000, or $6,000 per airplane. 1. The authority citation for part 39 type design registered in the United The actions specified in this proposed continues to read as follows: States, the proposed AD would AD would be applicable to 6 additional Authority: 49 U.S.C. 106(g), 40113, 44701. supersede AD 98–20–14 to continue to Model DHC–8–301, –311, and –315 require a one-time inspection to detect series airplanes of U.S. registry and § 39.13 [Amended] chafing of electrical wires in the cable would take approximately 100 work 2. Section 39.13 is amended by trough below the cabin floor; repair, if hours per airplane to accomplish, at an removing amendment 39–10781 (63 FR necessary; installation of additional tie- average labor rate of $60 per work hour. 50501, September 22, 1998), and by mounts and tie-wraps; and application Required parts would be provided by adding a new airworthiness directive of sealant to rivet heads. This proposal the manufacturer at no cost to the (AD), to read as follows: would expand the applicability of the operator. Based on these figures, the Bombardier, Inc. (Formerly de Havilland, existing AD to include additional new costs proposed by this AD on U.S. Inc.): Docket 98–NM–321–AD. airplanes. The actions would be operators is estimated to be $36,000, or Supersedes AD 98–NM–172–AD, required to be accomplished in approximately $6,000 per airplane. Amendment 39–10781. accordance with Bombardier Service The cost impact figures discussed Applicability: Model DHC–8–102, –103, Bulletin S.B. 8–53–66, dated March 27, above are based on assumptions that no –106, –201, –202, –301, –311, and –315 series 1998. operator has yet accomplished any of airplanes; serial numbers 3 through 540

VerDate 18-JUN-99 08:59 Aug 11, 1999 Jkt 183247 PO 00000 Frm 00007 Fmt 4702 Sfmt 4702 E:\FR\FM\A12AU2.010 pfrm07 PsN: 12AUP1 43950 Federal Register / Vol. 64, No. 155 / Thursday, August 12, 1999 / Proposed Rules inclusive, excluding serial number 462; compliance with this AD, if any, may be Attention: Rules Docket No. 99–NM– certificated in any category. obtained from the New York ACO. 84–AD, 1601 Lind Avenue, SW., Note 1: This AD applies to each airplane Special Flight Permits Renton, Washington 98055–4056. identified in the preceding applicability Comments may be inspected at this provision, regardless of whether it has been (c) Special flight permits may be issued in accordance with sections 21.197 and 21.199 location between 9 a.m. and 3 p.m., modified, altered, or repaired in the area Monday through Friday, except Federal subject to the requirements of this AD. For of the Federal Aviation Regulations (14 CFR airplanes that have been modified, altered, or 21.197 and 21.199) to operate the airplane to holidays. repaired so that the performance of the a location where the requirements of this AD The service information referenced in requirements of this AD is affected, the can be accomplished. the proposed rule may be obtained from owner/operator must request approval for an Note 4: The subject of this AD is addressed Boeing Commercial Airplane Group, alternative method of compliance in in Canadian airworthiness directive CF–98– P.O. Box 3707, Seattle, Washington accordance with paragraph (b) of this AD. 08R1, dated September 16, 1998. 98124–2207. This information may be The request should include an assessment of Issued in Renton, Washington, on August examined at the FAA, Transport the effect of the modification, alteration, or 6, 1999. Airplane Directorate, 1601 Lind repair on the unsafe condition addressed by this AD; and, if the unsafe condition has not D.L. Riggin, Avenue, SW., Renton, Washington. been eliminated, the request should include Acting Manager, Transport Airplane FOR FURTHER INFORMATION CONTACT: Rick specific proposed actions to address it. Directorate, Aircraft Certification Service. Kawaguchi, Aerospace Engineer, Compliance: Required as indicated, unless [FR Doc. 99–20882 Filed 8–11–99; 8:45 am] Airframe Branch, ANM–120S, FAA, accomplished previously. BILLING CODE 4910±13±P Transport Airplane Directorate, Seattle To prevent chafing of electrical wires, Aircraft Certification Office, 1601 Lind which could result in an uncommanded Avenue, SW., Renton, Washington shutdown of an engine during flight, DEPARTMENT OF TRANSPORTATION 98055–4056; telephone (425) 227–1153; accomplish the following: fax (425) 227–1181. One-Time Inspection, Corrective Action, and Federal Aviation Administration SUPPLEMENTARY INFORMATION: Modification Comments Invited (a) Perform a one-time general visual 14 CFR Part 39 inspection to detect chafing of electrical [Docket No. 99±NM±84±AD] Interested persons are invited to wires in the cable trough below the cabin participate in the making of the floor; install additional tie-mounts and tie- RIN 2120±AA64 proposed rule by submitting such wraps; and apply sealant to rivet heads written data, views, or arguments as Airworthiness Directives; Boeing (reference Bombardier Modification 8/2705); they may desire. Communications shall in accordance with Bombardier Service Model 737±200, ±200C, ±300, and ±400 identify the Rules Docket number and Bulletin S.B. 8–53–66, dated March 27, 1998, Series Airplanes at the time specified in paragraph (a)(1) or be submitted in triplicate to the address (a)(2) of this AD, as applicable. If any chafing AGENCY: Federal Aviation specified above. All communications is detected during the inspection required by Administration, DOT. received on or before the closing date this paragraph, prior to further flight, repair ACTION: Notice of proposed rulemaking for comments, specified above, will be in accordance with the service bulletin. (NPRM). considered before taking action on the Note 2: For the purposes of this AD, a proposed rule. The proposals contained general visual inspection is defined as: ‘‘A SUMMARY: This document proposes the in this notice may be changed in light visual examination of an interior or external supersedure of an existing airworthiness of the comments received. area, installation, or assembly to detect Comments are specifically invited on obvious damage, failure, or irregularity. This directive (AD), applicable to certain Boeing Model 737–200, –200C, –300, the overall regulatory, economic, level of inspection is made under normally environmental, and energy aspects of available lighting conditions such as and –400 series airplanes, that currently daylight, hangar lighting, flashlight, or drop- requires repetitive visual inspections to the proposed rule. All comments light, and may require removal or opening of detect cracking of the corners of the submitted will be available, both before access panels or doors. Stands, ladders, or door frame and the cross beams of the and after the closing date for comments, platforms may be required to gain proximity aft cargo door, and corrective actions, if in the Rules Docket for examination by to the area being checked.’’ necessary. That AD also provides an interested persons. A report (1) For airplanes having serial numbers 3 optional terminating action for certain summarizing each FAA-public contact through 519 inclusive, excluding serial repetitive inspections. This action concerned with the substance of this number 462: Inspect within 36 months after would add requirements for repetitive proposal will be filed in the Rules October 27, 1998 (the effective date of AD Docket. 98–20–14, amendment 39–10781). high frequency eddy current (HFEC) inspections, and corrective actions, if Commenters wishing the FAA to (2) For airplanes having serial numbers 520 acknowledge receipt of their comments through 540 inclusive: Inspect within 36 necessary. This action also would months after the effective date of this AD, or mandate accomplishment of the submitted in response to this notice at the next ‘‘C’’ check, whichever occurs first. previously optional terminating action. must submit a self-addressed, stamped postcard on which the following Alternative Methods of Compliance The actions specified by the proposed AD are intended to prevent fatigue statement is made: ‘‘Comments to (b) An alternative method of compliance or Docket Number 99–NM–84–AD.’’ The adjustment of the compliance time that cracking of the corners of the door frame and the cross beams of the aft cargo postcard will be date stamped and provides an acceptable level of safety may be returned to the commenter. used if approved by the Manager, New York door, which could result in rapid Aircraft Certification Office (ACO), FAA, depressurization of the airplane. Availability of NPRMs Engine and Propeller Directorate. Operators DATES: Comments must be received by Any person may obtain a copy of this shall submit their requests through an September 27, 1999. appropriate FAA Principal Maintenance NPRM by submitting a request to the Inspector, who may add comments and then ADDRESSES: Submit comments in FAA, Transport Airplane Directorate, send it to the Manager, New York ACO. triplicate to the Federal Aviation ANM–114, Attention: Rules Docket No. Note 3: Information concerning the Administration (FAA), Transport 99–NM–84–AD, 1601 Lind Avenue, existence of approved alternative methods of Airplane Directorate, ANM–114, SW., Renton, Washington 98055–4056.

VerDate 18-JUN-99 08:59 Aug 11, 1999 Jkt 183247 PO 00000 Frm 00008 Fmt 4702 Sfmt 4702 E:\FR\FM\A12AU2.012 pfrm07 PsN: 12AUP1 Federal Register / Vol. 64, No. 155 / Thursday, August 12, 1999 / Proposed Rules 43951

Discussion mandate accomplishment of the conditions, this proposed AD would previously optional terminating action. require the repair of those conditions to On November 30, 1998, the FAA The HFEC inspections would be be accomplished in accordance with a issued AD 98–25–06, amendment 39– required to be accomplished in method approved by the FAA, or in 10931 (63 FR 67769, December 9, 1998), accordance with the procedures accordance with data meeting the type applicable to certain Boeing Model 737– specified in Boeing 737 Nondestructive certification basis of the airplane 200, –200C, –300, and –400 airplanes, to Test Manual, Part 6, Chapter 51–00–00 approved by a Boeing Company require repetitive inspections to detect (Figure 4 or Figure 23). Modification of Designated Engineering Representative cracking of the corners of the door frame the door frame would be required to be who has been authorized by the FAA to and the cross beams of the aft cargo accomplished in accordance with make such findings. door, and corrective actions, if Boeing Service Bulletin 737–52–1079, • Operators should note that, necessary. That action also provides an Revision 5, dated May 16, 1996. Repairs although the service bulletin describes optional terminating action for the of the outer chord of the upper and accomplishment of a visual inspection repetitive inspection requirement of that lower cross beams would be required to of the corners of the door frame and the AD. That action was prompted by be accomplished in accordance with a cross beams of the aft cargo door, for the reports indicating that fatigue cracks method approved by the Manager, reasons discussed previously, the FAA have been detected in the corners of the Seattle ACO, or in accordance with data has determined that accomplishment of door frame and the cross beams of the meeting the type certification basis of a visual inspection only is inadequate to aft cargo door on several in-service the airplane approved by a Boeing detect cracking in certain areas. airplanes, and by another report Company Designated Engineering Therefore, this proposed AD would add indicating that rapid depressurization Representative. repetitive high frequency eddy current occurred during flight on one of those inspections to detect cracking of the Other Relevant Rulemaking airplanes. The requirements of that AD four corners of the aft cargo door frame. are intended to prevent fatigue cracking The FAA previously has issued AD • Operators should note that this AD of the corners of the door frame and the 90–06–02, amendment 39–6489 (55 FR proposes to mandate, within 4 years cross beams of the aft cargo door, which 8372, March 7, 1990), applicable to after the effective date of this AD, the could result in rapid depressurization of certain Boeing Model 737 series modification of the door frame of the aft the airplane. airplanes. AD 90–06–02 requires cargo door described in Boeing Service accomplishment of certain structural Bulletin 737–52–1079, Revision 5, dated Actions Since Issuance of Previous Rule modifications, which constitutes May 16, 1996, as terminating action for Since the issuance of AD 98–25–06, terminating action for the repetitive the repetitive inspections of the door the FAA has received a report indicating inspection requirements of this frame. The FAA has determined that that during a high frequency eddy proposed AD. long-term continued operational safety will be better assured by design changes current inspection a one-inch crack was Differences Between Service Bulletin to remove the source of the problem, detected in the forward corner frame of and This Proposed AD rather than by repetitive inspections. the aft cargo door. Further investigation • As stated in AD 98–25–06, revealed a crack in the aft corner frame Long-term inspections may not be operators should note that, unlike the providing the degree of safety assurance and cracks in the lower cross beam. No procedures described in the service cracking was detected during a detailed necessary for the transport airplane bulletin, this proposed AD would not fleet. This, coupled with a better visual inspection of these areas that was permit further flight with stop-drilled accomplished approximately 925 flight understanding of the human factors cracks in the frame of the aft cargo door. associated with numerous continual cycles prior to an incident of rapid The FAA has determined that, because depressurization of the airplane. In light inspections, has led the FAA to consider of the safety implications and placing less emphasis on inspections of this information, the FAA has consequences associated with such determined that the detailed visual and more emphasis on design cracking, any subject aft cargo door improvements. The proposed inspections of the door frame and the frame that is found to be cracked must cross beams of the aft cargo door modification is in consonance with be permanently repaired and modified these conditions. required by the existing AD are not prior to further flight. providing the degree of safety assurance • As stated in AD 98–25–06, Cost Impact necessary for the affected airplanes. operators should note that the effectivity There are approximately 1,636 Model Explanation of Requirements of listing of the service bulletin includes 737 series airplanes of the affected Proposed Rule Boeing Model 737–200 and –200C series design in the worldwide fleet. The FAA airplanes having line numbers 6 through estimates that 707 airplanes of U.S. Since an unsafe condition has been 873 inclusive. The applicability of this registry would be affected by this identified that is likely to exist or proposed AD includes not only those proposed AD. develop on other products of this same airplanes listed in the effectivity listing The detailed visual inspections that type design, the proposed AD would of the service bulletin, but also Boeing currently are required by AD 98–25–06, supersede AD 98–25–06 to continue to Model 737–200, –200C, –300, and –400 and retained in this proposed AD, take require repetitive visual inspections to series airplanes; having line numbers approximately 2 work hours per detect cracking of the corners of the 874 through 1642 inclusive; that have airplane to accomplish, at an average door frame and the cross beams of the certain replacement doors installed and labor rate of $60 per work hour. Based aft cargo door, and corrective actions, if that have not been modified in on these figures, the cost impact of the necessary. This proposed AD would add accordance with Boeing Service Bulletin currently required inspections on U.S. requirements for repetitive high 737–52–1079. operators is estimated to be $84,840, or frequency eddy current (HFEC) • Operators also should note that, $120 per airplane, per inspection cycle. inspections of the corners of the aft although the service bulletin specifies The new high frequency eddy current cargo door frame, and corrective actions, that the manufacturer may be contacted inspections that are proposed in this AD if necessary. This proposal also would for disposition of certain repair action would take approximately 4 work

VerDate 18-JUN-99 08:59 Aug 11, 1999 Jkt 183247 PO 00000 Frm 00009 Fmt 4702 Sfmt 4702 E:\FR\FM\A12AU2.006 pfrm07 PsN: 12AUP1 43952 Federal Register / Vol. 64, No. 155 / Thursday, August 12, 1999 / Proposed Rules hours per airplane to accomplish, at an PART 39ÐAIRWORTHINESS (i) Repeat the internal visual inspection average labor rate of $60 per work hour. DIRECTIVES thereafter at intervals not to exceed 4,500 Based on these figures, the cost impact flight cycles. Or of the new inspections proposed by this 1. The authority citation for part 39 (ii) Prior to further flight, modify the continues to read as follows: corners of the door frame and the cross AD on U.S. operators is estimated to be beams of the aft cargo door in accordance $169,680, or $240 per airplane, per Authority: 49 U.S.C. 106(g), 40113, 44701. with the service bulletin. Accomplishment of inspection cycle. § 39.13 [Amended] such modification constitutes terminating The modification that is proposed in action for the repetitive inspection this AD action would take 2. Section 39.13 is amended by requirements of paragraph (a)(1)(i) of this AD. approximately 144 work hours per removing amendment 39–10931 (63 FR (2) If any cracking is detected in the upper airplane to accomplish, at an average 67769, December 9, 1998), and by or lower cross beams, prior to further flight, labor rate of $60 per work hour. adding a new airworthiness directive modify the cracked beam in accordance with Required parts would cost (AD), to read as follows: paragraph III.C. of Part I of the Accomplishment Instructions of the service Boeing: Docket 99–NM–84–AD. Supersedes approximately $4,530 per airplane. bulletin. Accomplishment of such AD 98–25–06, Amendment 39–10931. Based on these figures, the cost impact modification constitutes terminating action of the modification proposed by this AD Applicability: The following airplane for the repetitive inspection requirements of on U.S. operators is estimated to be models, certificated in any category: paragraph (a)(1)(i) of this AD for the repaired • $9,311,190, or $13,170 per airplane. Model 737–200 and –200C series beam. The cost impact figures discussed airplanes, line numbers 6 through 873 (3) If any cracking is detected in the inclusive; above are based on assumptions that no • forward or aft upper door frame, prior to Model 737–200, –200C, –300, and –400 further flight, repair the frame and modify operator has yet accomplished any of series airplanes; line numbers 874 through the current or proposed requirements of the corners of the door frame of the aft cargo 1642 inclusive; equipped with an aft cargo door, in accordance with paragraph III.E. of this AD action, and that no operator door having Boeing part number (P/N) 65– Part I of the Accomplishment Instructions of 47952–1 or P/N 65–47952–524; excluding: would accomplish those actions in the the service bulletin, except as provided by 1. Those airplanes on which that door has future if this AD were not adopted. paragraph (b) of this AD. Accomplishment of been modified in accordance with Boeing such modification constitutes terminating Regulatory Impact Service Bulletin 737–52–1079; or action for the repetitive inspection 2. Those airplanes on which the door The regulations proposed herein requirements of paragraph (a)(1)(i) of this AD assembly having P/N 65–47952–524 includes would not have substantial direct effects for the upper door frame. four straps (P/N’s 65–47952–139, 65–47952– on the States, on the relationship 140, 65–47952–141, and 65–47952–142) and Note 2: Cracks of the forward or aft upper between the national government and a thicker lower cross beam web (P/N 65– door frame, regardless of length, must be the States, or on the distribution of 47952–157). repaired prior to further flight in accordance power and responsibilities among the Note 1: This AD applies to each airplane with paragraph III.E. of Part I of the various levels of government. Therefore, identified in the preceding applicability Accomplishment Instructions of the service in accordance with Executive Order provision, regardless of whether it has been bulletin. 12612, it is determined that this otherwise modified, altered, or repaired in (4) If any cracking is detected in the proposal would not have sufficient the area subject to the requirements of this forward or aft lower door frame, prior to federalism implications to warrant the AD. For airplanes that have been modified, further flight, replace the damaged frame with a new frame, and modify the corners of preparation of a Federalism Assessment. altered, or repaired so that the performance of the requirements of this AD is affected, the the door frame of the aft cargo door, in For the reasons discussed above, I owner/operator must request approval for an accordance with paragraph III.F. of Part I of certify that this proposed regulation (1) alternative method of compliance in the Accomplishment Instructions of the Is not a ‘‘significant regulatory action’’ accordance with paragraph (f)(1) of this AD. service bulletin. Accomplishment of such under Executive Order 12866; (2) is not The request should include an assessment of modification constitutes terminating action a ‘‘significant rule’’ under the DOT the effect of the modification, alteration, or for the repetitive inspection requirements of Regulatory Policies and Procedures (44 repair on the unsafe condition addressed by paragraph (a)(1)(i) of this AD for the lower FR 11034, February 26, 1979); and (3) if this AD; and, if the unsafe condition has not door frame. promulgated, will not have a significant been eliminated, the request should include (b) Where Boeing Service Bulletin 737–52– economic impact, positive or negative, specific proposed actions to address it. 1079, Revision 5, dated May 16, 1996, specifies that certain repairs are to be on a substantial number of small entities Compliance: Required as indicated, unless accomplished previously. accomplished in accordance with under the criteria of the Regulatory To prevent fatigue cracking of the corners instructions received from Boeing, this AD Flexibility Act. A copy of the draft of the door frame and the cross beams of the requires that, prior to further flight, such regulatory evaluation prepared for this aft cargo door, which could result in rapid repairs be accomplished in accordance with action is contained in the Rules Docket. depressurization of the airplane, accomplish a method approved by the Manager, Seattle A copy of it may be obtained by the following: Aircraft Certification Office (ACO), FAA, Transport Airplane Directorate. contacting the Rules Docket at the Restatement of the Requirements of AD 98– location provided under the caption 25–06: New Requirements of This AD: ADDRESSES. Inspections and Corrective Actions Inspections and Corrective Actions List of Subjects in 14 CFR Part 39 (a) Within 90 days or 700 flight cycles after (c) If any cracking of the outer chord of the Air transportation, Aircraft, Aviation December 24, 1998 (the effective date of AD upper or lower cross beams of the aft cargo safety, Safety. 98–25–06, amendment 39–10931), whichever door is detected as a result of any inspection occurs later, perform an internal detailed required by paragraph (a) of this AD, prior to The Proposed Amendment visual inspection to detect cracking of the further flight, repair in accordance with a Accordingly, pursuant to the corners of the door frame and the cross method approved by the Manager, Seattle ACO, or in accordance with data meeting the authority delegated to me by the beams of the aft cargo door, in accordance with Boeing Service Bulletin 737–52–1079, type certification basis of the airplane Administrator, the Federal Aviation Revision 5, dated May 16, 1996. approved by a Boeing Company Designated Administration proposes to amend part (1) If no cracking is detected, accomplish Engineering Representative who has been 39 of the Federal Aviation Regulations the requirements of either paragraph (a)(1)(i) authorized by the FAA to make such (14 CFR part 39) as follows: or (a)(1)(ii) of this AD. findings.

VerDate 18-JUN-99 08:59 Aug 11, 1999 Jkt 183247 PO 00000 Frm 00010 Fmt 4702 Sfmt 4702 E:\FR\FM\A12AU2.007 pfrm07 PsN: 12AUP1 Federal Register / Vol. 64, No. 155 / Thursday, August 12, 1999 / Proposed Rules 43953

(d) Within 4,500 flight cycles or one year Special Flight Permits p.m., Monday through Friday, except after the effective date of this AD, whichever (g) Special flight permits may be issued in Federal holidays. occurs later: Perform a high frequency eddy accordance with sections 21.197 and 21.199 The service information referenced in current inspection (HFEC) to detect cracking of the Federal Aviation Regulations (14 CFR the proposed rule may be obtained from of the four corners of the door frame of the 21.197 and 21.199) to operate the airplane to Construcciones Aeronauticas, S.A., aft cargo door, in accordance with the a location where the requirements of this AD Getafe, Madrid, Spain. This information procedures specified in Boeing 737 can be accomplished. Nondestructive Test Manual, Part 6, Chapter may be examined at the FAA, Transport 51–00–00 (Figure 4 or Figure 23) . Issued in Renton, Washington, on August Airplane Directorate, 1601 Lind (1) If no cracking of the corners of the door 6, 1999. Avenue, SW., Renton, Washington. frame of the aft cargo door is detected, repeat D.L. Riggin, FOR FURTHER INFORMATION CONTACT: the HFEC inspections thereafter at intervals Acting Manager, Transport Airplane Norman B. Martenson, Manager, not to exceed 4,500 flight cycles until Directorate, Aircraft Certification Service. International Branch, ANM–116, FAA, accomplishment of the modification [FR Doc. 99–20881 Filed 8–11–99; 8:45 am] specified in paragraph (e) of this AD. Transport Airplane Directorate, 1601 (2) If any cracking of the corners of the BILLING CODE 4910±13±P Lind Avenue, SW., Renton, Washington door frame of the aft cargo door is detected, 98055–4056; telephone (425) 227–2110; prior to further flight, replace the damaged fax (425) 227–1149. frame with a new frame, and modify the four DEPARTMENT OF TRANSPORTATION SUPPLEMENTARY INFORMATION: corners of the door frame, in accordance with Parts II and III of the Accomplishment Federal Aviation Administration Comments Invited Instructions of Boeing Service Bulletin 737– Interested persons are invited to 14 CFR Part 39 52–1079, Revision 5, dated May 16, 1996. participate in the making of the Accomplishment of such modification proposed rule by submitting such constitutes terminating action for the [Docket No. 99±NM±117±AD] written data, views, or arguments as repetitive inspection requirements of RIN 2120±AA64 paragraph (d)(1) of this AD for that door they may desire. Communications shall frame. Airworthiness Directives; identify the Rules Docket number and be submitted in triplicate to the address Construcciones Aeronauticas, S.A. Terminating Action specified above. All communications (CASA), Model CN±235 Series (e) Within 4 years after the effective date received on or before the closing date Airplanes of this AD: Modify the four corners of the for comments, specified above, will be door frame and the cross beams of the aft cargo door, in accordance with Part II of the AGENCY: Federal Aviation considered before taking action on the Accomplishment Instructions of Boeing Administration, DOT. proposed rule. The proposals contained Service Bulletin 737–52–1079, Revision 5, ACTION: Notice of proposed rulemaking in this notice may be changed in light dated May 16, 1996. Accomplishment of (NPRM). of the comments received. such modification constitutes terminating Comments are specifically invited on action for the repetitive inspection SUMMARY: This document proposes the the overall regulatory, economic, requirements of this AD. supersedure of an existing airworthiness environmental, and energy aspects of Note 3: Accomplishment of the directive (AD), applicable to all CASA the proposed rule. All comments modification required by paragraph (a) of AD Model CN–235 series airplanes, that submitted will be available, both before 90–06–02, amendment 39–6489, is currently requires repetitive eddy and after the closing date for comments, considered acceptable for compliance with in the Rules Docket for examination by paragraph (e) of this AD. current inspections to detect fatigue cracks in the nose landing gear (NLG) interested persons. A report Note 4: Modification of the corners of the summarizing each FAA-public contact door frame and the cross beams of the aft turning tube, and replacement of cargo door accomplished prior to the cracked tubes. This proposal would add concerned with the substance of this effective date of this AD in accordance with a requirement for the replacement of the proposal will be filed in the Rules Boeing Service Bulletin 737–52–1079, dated existing NLG turning tube constructed Docket. December 16, 1983; Revision 1, dated of aluminum alloy with a new NLG Commenters wishing the FAA to December 15, 1988; Revision 2, dated July 20, turning tube made of steel; such acknowledge receipt of their comments 1989; Revision 3, dated May 17, 1990; or replacement would terminate the submitted in response to this notice Revision 4, dated February 21, 1991; is repetitive inspections. This proposal is must submit a self-addressed, stamped considered acceptable for compliance with postcard on which the following paragraph (e) of this AD. prompted by issuance of mandatory continuing airworthiness information by statement is made: ‘‘Comments to Alternative Methods of Compliance a foreign civil airworthiness authority. Docket Number 99–NM–117–AD.’’ The (f)(1) An alternative method of compliance The actions specified by the proposed postcard will be date stamped and or adjustment of the compliance time that AD are intended to prevent fatigue returned to the commenter. provides an acceptable level of safety may be cracking and failure of the NLG turning Availability of NPRMs used if approved by the Manager, Seattle tube, which could result in reduced ACO. Operators shall submit their requests structural integrity of the NLG. Any person may obtain a copy of this through an appropriate FAA Principal NPRM by submitting a request to the Maintenance Inspector, who may add DATES: Comments must be received by FAA, Transport Airplane Directorate, comments and then send it to the Manager, September 13, 1999. ANM–114, Attention: Rules Docket No. Seattle ACO. ADDRESSES: Submit comments in 99–NM–117–AD, 1601 Lind Avenue, (f)(2) Alternative methods of compliance, triplicate to the Federal Aviation approved previously in accordance with AD SW., Renton, Washington 98055–4056. Administration (FAA), Transport 98–25–06, amendment 39–10931, are Discussion approved as alternative methods of Airplane Directorate, ANM–114, compliance with this AD. Attention: Rules Docket No. 99–NM– On January 15, 1997, the FAA issued Note 5: Information concerning the 117–AD, 1601 Lind Avenue, SW., AD 97–02–17, amendment 39–9902 (62 existence of approved alternative methods of Renton, Washington 98055–4056. FR 3994, January 28, 1997), applicable compliance with this AD, if any, may be Comments may be inspected at this to all CASA Model CN–235 series obtained from the Seattle ACO. location between 9:00 a.m. and 3:00 airplanes, to require repetitive eddy

VerDate 18-JUN-99 08:59 Aug 11, 1999 Jkt 183247 PO 00000 Frm 00011 Fmt 4702 Sfmt 4702 E:\FR\FM\A12AU2.009 pfrm07 PsN: 12AUP1 43954 Federal Register / Vol. 64, No. 155 / Thursday, August 12, 1999 / Proposed Rules current inspections to detect fatigue States, the proposed AD would power and responsibilities among the cracks in the nose landing gear (NLG) supersede AD 97–02–17, amendment various levels of government. Therefore, turning tube, and replacement of 39–9902, to continue to require in accordance with Executive Order cracked tubes. That action was repetitive eddy current inspections to 12612, it is determined that this prompted by a report of the failure of a detect fatigue cracks in the nose landing proposal would not have sufficient NLG turning tube during landing roll; gear (NLG) turning tube, and federalism implications to warrant the the failure was attributed to fatigue replacement of cracked tubes. The preparation of a Federalism Assessment. cracking in the turning tube. The proposed AD would add a requirement For the reasons discussed above, I requirements of that AD are intended to to replace the existing NLG turning tube certify that this proposed regulation (1) ensure that fatigue cracking in the NLG constructed of aluminum alloy with a is not a ‘‘significant regulatory action’’ turning tube is detected and corrected new NLG turning tube made of steel, under Executive Order 12866; (2) is not before it could cause the failure of the which would terminate the repetitive a ‘‘significant rule’’ under the DOT tube and, consequently, degrade the inspections. Regulatory Policies and Procedures (44 structural integrity of the NLG. FR 11034, February 26, 1979); and (3) if Differences Between Proposed Rule and promulgated, will not have a significant Action Since Issuance of Previous Rule Related Service Information economic impact, positive or negative, In the preamble to AD 97–02–17, the Operators should note that, although on a substantial number of small entities FAA indicated that the actions required the parallel Spanish airworthiness under the criteria of the Regulatory by that AD were considered ‘‘interim directive does not mandate the Flexibility Act. A copy of the draft action’’ until final action is identified, at accomplishment of required actions for regulatory evaluation prepared for this which time the FAA may consider CASA Model CN–235 series airplane, action is contained in the Rules Docket. further rulemaking. The FAA now has serial number C–011, the applicability A copy of it may be obtained by determined that further rulemaking of this proposed AD would include that contacting the Rules Docket at the action is indeed necessary, and this airplane. Although that airplane was not location provided under the caption proposed AD follows that certificated for civilian operation by the ADDRESSES. determination. DGAC, the FAA has certificated it as such. The FAA has determined that the List of Subjects in 14 CFR Part 39 Explanation of Relevant Service unsafe condition addressed in this AD Information Air transportation, Aircraft, Aviation may also exist or develop on that safety, Safety. CASA has issued Service Bulletin 35– airplane. CSB–32–001, dated February 16, 1999, The Proposed Amendment Cost Impact which describes procedures for Accordingly, pursuant to the replacement of the existing NLG turning The FAA estimates that 2 airplanes of authority delegated to me by the tube constructed of aluminum alloy U.S. registry would be affected by this Administrator, the Federal Aviation with a new NLG turning tube made of proposed AD. Administration proposes to amend part steel. The Direccio´n General de The actions that are currently 39 of the Federal Aviation Regulations Aviacio´n Civil (DGAC), which is the required by AD 97–02–17, and retained (14 CFR part 39) as follows: airworthiness authority for Spain, in this AD, take approximately 8 work classified this service bulletin as hours per airplane to accomplish, at an PART 39ÐAIRWORTHINESS mandatory and issued Spanish average labor rate of $60 per work hour. DIRECTIVES airworthiness directive 01/95, Rev. 2, Based on these figures, the cost impact dated February 15, 1999, in order to of the currently required actions on U.S. 1. The authority citation for part 39 assure the continued airworthiness of operators is estimated to be $480 per continues to read as follows: these airplanes in Spain. airplane. Authority: 49 U.S.C. 106(g), 40113, 44701. The new actions that are proposed in FAA’s Conclusions this AD action would take § 39.13 [Amended] This airplane model is manufactured approximately 16 work hours per 2. Section 39.13 is amended by in Spain and is type certificated for airplane to accomplish, at an average removing amendment 39–9902 (62 FR operation in the United States under the labor rate of $60 per work hour. 3994, January 28, 1997), and by adding provisions of section 21.29 of the Required parts would cost a new airworthiness directive to read as Federal Aviation Regulations (14 CFR approximately $20,722 per airplane. follows: 21.29) and the applicable bilateral Based on these figures, the cost impact Construcciones Aeronauticas, S.A. (CASA): airworthiness agreement. Pursuant to of the proposed AD on U.S. operators is Docket 99–NM–117–AD. Supersedes AD this bilateral airworthiness agreement, estimated to be $43,364, or $21,682 per 97–02–17, amendment 39–9902. the DGAC has kept the FAA informed airplane. Applicability: All Model CN–235 series of the situation described above. The The cost impact figures discussed airplanes; including Model CN–235 series FAA has examined the findings of the above are based on assumptions that no airplane, serial number C–011; certificated in DGAC, reviewed all available operator has yet accomplished any of any category. information, and determined that AD the proposed requirements of this AD Note 1: This AD applies to each airplane action is necessary for products of this action, and that no operator would identified in the preceding applicability type design that are certificated for accomplish those actions in the future if provision, regardless of whether it has been operation in the United States. this AD were not adopted. modified, altered, or repaired in the area subject to the requirements of this AD. For Explanation of Requirements of Regulatory Impact airplanes that have been modified, altered, or Proposed Rule repaired so that the performance of the The regulations proposed herein requirements of this AD is affected, the Since an unsafe condition has been would not have substantial direct effects owner/operator must request approval for an identified that is likely to exist or on the States, on the relationship alternative method of compliance in develop on other airplanes of the same between the national government and accordance with paragraph (f) of this AD. The type design registered in the United the States, or on the distribution of request should include an assessment of the

VerDate 18-JUN-99 08:59 Aug 11, 1999 Jkt 183247 PO 00000 Frm 00012 Fmt 4702 Sfmt 4702 E:\FR\FM\A12AU2.019 pfrm07 PsN: 12AUP1 Federal Register / Vol. 64, No. 155 / Thursday, August 12, 1999 / Proposed Rules 43955 effect of the modification, alteration, or repair New Requirements of This AD DEPARTMENT OF TRANSPORTATION on the unsafe condition addressed by this (d) Remove the NLG turning tube, P/N GA AD; and, if the unsafe condition has not been Federal Aviation Administration eliminated, the request should include 63433, from the NLG yoke assembly and install a new turning tube, P/N GA 65924, specific proposed actions to address it. 14 CFR Part 39 Compliance: Required as indicated, unless and identify the modified NLG with a P/N accomplished previously. SB–A0002–0101 data plate with the service [Docket No. 99±NM±70±AD] To prevent fatigue cracking and failure of bulletin number inscribed, in accordance the nose landing gear (NLG) turning tube, with CASA Service Bulletin 35–CSB–32–001, RIN 2120±AA64 which could result in reduced structural dated February 16, 1999. Except as provided integrity of the NLG, accomplish the by paragraph (c)(2) of this AD, accomplish Airworthiness Directives; British following: the actions at the later of the times specified Aerospace Model BAe 146 and BAe Restatement of Requirements of AD 97–02– in paragraphs (d)(1) and (d)(2) of this AD. Avro 146±RJ Series Airplanes 17, Amendment 39–9902 Accomplishment of these actions constitutes terminating action for the requirements of AGENCY: Federal Aviation (a) At the applicable time specified in Administration, DOT. either paragraph (a)(1) or (a)(2) of this AD, this AD. conduct a high frequency eddy current (1) Prior to the accumulation of 4,800 total ACTION: Notice of proposed rulemaking (HFEC) inspection to detect fatigue cracking flight cycles; or (NPRM). in the NLG turning tube, in accordance with (2) Within 1 year or 200 landings after the the procedures specified in Annex 1 and effective date of this AD, whichever occurs SUMMARY: This document proposes the Annex 2 of CASA Maintenance Instructions first. adoption of a new airworthiness COM 235–092, Revision 02, dated May 5, (e) As of the effective date of this AD, no directive (AD) that is applicable to 1995. person shall install a NLG turning tube, P/N certain British Aerospace Model BAe (1) For Model CN–235 airplanes [Basic 146 and BAe Avro 146–RJ series model; Maximum Takeoff Weight (MTOW) = GA 63433, on any airplane. airplanes. This proposal would require 31,746 lbs. (14,400 kgs.)]: Conduct the Alternative Methods of Compliance inspection prior to or upon the accumulation repetitive inspections to detect signs of of 6,000 landings on the NLG turning tube, (f) An alternative method of compliance or chafing to the fuel feed pipe, and repair or within 50 landings after March 4, 1997 adjustment of the compliance time that or replacement of the fuel feed pipe (the effective date of AD 97–02–17, provides an acceptable level of safety may be with a serviceable part, if necessary; and amendment 39–9902), whichever occurs used if approved by the Manager, ensuring that responder units, electrical later. International Branch, ANM–116, FAA, connector backshells, and associated (2) For Model CN–235–100 series airplanes Transport Airplane Directorate. Operators [MTOW = 33,290 lbs. (15,100 kgs.)] and wiring are undamaged and are shall submit their requests through an Model CN–235–200 series airplanes [MTOW positioned correctly to provide = 34,833 lbs. (15,800 kgs)]: Conduct the appropriate FAA Principal Maintenance maximum clearance with the fuel pipe. inspection prior to or upon the accumulation Inspector, who may add comments and then This proposal is prompted by issuance of 4,800 landings on the NLG turning tube, send it to the Manager, International Branch, of mandatory continuing airworthiness or within 50 landings after March 4, 1997, ANM–116. information by a foreign civil whichever occurs later. Note 2: Information concerning the airworthiness authority. The actions (b) If no cracking is detected during the existence of approved alternative methods of inspection required by paragraph (a) of this specified by the proposed AD are compliance with this AD, if any, may be AD, repeat the inspection thereafter at intended to prevent damage to the fuel intervals not to exceed 200 landings until the obtained from the International Branch, feed pipe, which could result in fuel requirements of paragraph (d) are ANM–116. leaks and an increased potential for fire accomplished. Special Flight Permits on the airplane. (c) If any cracking is detected during any DATES: Comments must be received by inspection required by paragraph (a) or (b) of (g) Special flight permits may be issued in this AD, prior to further flight, accomplish accordance with sections 21.197 and 21.199 September 13, 1999. the actions required by paragraph (c)(1) or of the Federal Aviation Regulations (14 CFR ADDRESSES: Submit comments in (c)(2) of this AD. After the effective date of 21.197 and 21.199) to operate the airplane to triplicate to the Federal Aviation this AD, only the actions specified by a location where the requirements of this AD Administration (FAA), Transport paragraph (c)(2) of this AD shall be can be accomplished. Airplane Directorate, ANM–114, accomplished. Attention: Rules Docket No. 99–NM– (1) Replace the NLG turning tube with a Note 3: The subject of this AD is addressed new unit in accordance with CASA in Spanish airworthiness directive 01/95, 70–AD, 1601 Lind Avenue, SW., Maintenance Instructions COM 235–092, Rev. 2, dated February 15, 1999. Renton, Washington 98055–4056. Revision 02, dated May 5, 1995. After Issued in Renton, Washington, on August Comments may be inspected at this replacement, repeat the HFEC inspection 6, 1999. location between 9:00 a.m. and 3:00 prior to or upon the accumulation of 6,000 p.m., Monday through Friday, except landings on the new NLG turning tube D. L. Riggin, Federal holidays. installed on Model CN–325 airplanes (basic Acting Manager, Transport Airplane The service information referenced in model); or prior to or upon the accumulation Directorate, Aircraft Certification Service. the proposed rule may be obtained from of 4,800 landings on the new NLG turning [FR Doc. 99–20893 Filed 8–11–99; 8:45 am] tube installed on Model CN–325–100 and AI(R) American Support, Inc., 13850 –200 series airplanes. Thereafter, repeat the BILLING CODE 4910±13±U Mclearen Road, Herndon, Virginia inspection at intervals not to exceed 200 20171. This information may be landings. examined at the FAA, Transport (2) Remove the NLG turning tube, P/N GA Airplane Directorate, 1601 Lind 63433, from the NLG yoke assembly and Avenue, SW., Renton, Washington. install a new turning tube, P/N GA 65924, FOR FURTHER INFORMATION CONTACT: and identify the modified NLG with a P/N SB–A0002–0101 data plate with the service Norman B. Martenson, Manager, bulletin number inscribed, in accordance International Branch, ANM–116, FAA, with CASA Service Bulletin 35–CSB–32–001, Transport Airplane Directorate, 1601 dated February 16, 1999. Lind Avenue, SW., Renton, Washington

VerDate 18-JUN-99 08:59 Aug 11, 1999 Jkt 183247 PO 00000 Frm 00013 Fmt 4702 Sfmt 4702 E:\FR\FM\A12AU2.020 pfrm07 PsN: 12AUP1 43956 Federal Register / Vol. 64, No. 155 / Thursday, August 12, 1999 / Proposed Rules

98055–4056; telephone (425) 227–2110; fuel leaks and an increased potential for Operators should note that, in fax (425) 227–1149. fire on the airplane. consonance with the findings of the CAA, the FAA has determined that the SUPPLEMENTARY INFORMATION: Explanation of Relevant Service repetitive inspections proposed by this Information Comments Invited AD can be allowed to continue in lieu Interested persons are invited to British Aerospace has issued Service of accomplishment of a terminating participate in the making of the Bulletin SB.26–44, dated February 25, action. In making this determination, proposed rule by submitting such 1999, which describes procedures for the FAA considers that, in this case, written data, views, or arguments as repetitive detailed inspections to detect long-term continued operational safety they may desire. Communications shall signs of chafing of the fuel feed pipe, will be adequately assured by identify the Rules Docket number and and repair or replacement of the fuel accomplishing the repetitive inspections be submitted in triplicate to the address feed pipe with a serviceable part, if to detect signs of chafing of the fuel feed specified above. All communications necessary; and procedures for ensuring pipes before it represents a hazard to the received on or before the closing date that responder units, electrical backshell airplane. for comments, specified above, will be connectors, and associated wiring are Cost Impact considered before taking action on the undamaged and are positioned correctly proposed rule. The proposals contained to provide maximum clearance with the The FAA estimates that 20 airplanes in this notice may be changed in light fuel pipe. Accomplishment of the of U.S. registry would be affected by this of the comments received. actions specified in the service bulletin proposed AD, that it would take Comments are specifically invited on is intended to adequately address the approximately 1 work hour per airplane the overall regulatory, economic, identified unsafe condition. The CAA to accomplish the proposed actions, and environmental, and energy aspects of classified this service bulletin as that the average labor rate is $60 per the proposed rule. All comments mandatory and issued British work hour. Based on these figures, the submitted will be available, both before airworthiness directive 009–02–99 in cost impact of the proposed AD on U.S. and after the closing date for comments, order to assure the continued operators is estimated to be $1200, or in the Rules Docket for examination by airworthiness of these airplanes in the $60 per airplane, per inspection cycle. interested persons. A report United Kingdom. The cost impact figure discussed summarizing each FAA-public contact above is based on assumptions that no British Aerospace has also issued concerned with the substance of this operator has yet accomplished any of Service Bulletin SB.26–44–01638A, proposal will be filed in the Rules the proposed requirements of this AD dated February 25, 1999, which Docket. action, and that no operator would describes procedures for modifying the Commenters wishing the FAA to accomplish those actions in the future if airplane to improve the responder unit acknowledge receipt of their comments this AD were not adopted. submitted in response to this notice clamping arrangement to prevent must submit a self-addressed, stamped chafing against the fuel pipe. This Regulatory Impact postcard on which the following modification would eliminate the need The regulations proposed herein statement is made: ‘‘Comments to for the repetitive inspections. would not have substantial direct effects Docket Number 99–NM–70–AD.’’ The FAA’s Conclusions on the States, on the relationship postcard will be date stamped and between the national government and returned to the commenter. These airplane models are the States, or on the distribution of manufactured in the United Kingdom power and responsibilities among the Availability of NPRMs and are type certificated for operation in various levels of government. Therefore, Any person may obtain a copy of this the United States under the provisions in accordance with Executive Order NPRM by submitting a request to the of section 21.29 of the Federal Aviation 12612, it is determined that this FAA, Transport Airplane Directorate, Regulations (14 CFR 21.29) and the proposal would not have sufficient ANM–114, Attention: Rules Docket No. applicable bilateral airworthiness federalism implications to warrant the 99–NM–70–AD, 1601 Lind Avenue, agreement. Pursuant to this bilateral preparation of a Federalism Assessment. SW., Renton, Washington 98055–4056. airworthiness agreement, the CAA has For the reasons discussed above, I kept the FAA informed of the situation certify that this proposed regulation (1) Discussion described above. The FAA has is not a ‘‘significant regulatory action’’ The Civil Aviation Authority (CAA), examined the findings of the CAA, under Executive Order 12866; (2) is not which is the airworthiness authority for reviewed all available information, and a ‘‘significant rule’’ under the DOT the United Kingdom, notified the FAA determined that AD action is necessary Regulatory Policies and Procedures (44 that an unsafe condition may exist on for products of this type design that are FR 11034, February 26, 1979); and (3) if certain British Aerospace Model BAe certificated for operation in the United promulgated, will not have a significant 146 and BAe Avro 146–RJ series States. economic impact, positive or negative, airplanes. The CAA advises that it has Explanation of Requirements of on a substantial number of small entities received service reports of damage to Proposed Rule under the criteria of the Regulatory the fuel feed pipe that supplies Flexibility Act. A copy of the draft secondary fuel flow from the fuel flow Since an unsafe condition has been regulatory evaluation prepared for this divider to the right side fuel manifold. identified that is likely to exist or action is contained in the Rules Docket. The CAA attributes the damage to develop on other airplanes of the same A copy of it may be obtained by movement of the firewall responder unit type design registered in the United contacting the Rules Docket at the within its restraining clamps, leading to States, the proposed AD would require location provided under the caption contact between the backshell clamps of accomplishment of the actions specified ADDRESSES. the responder connector and the in the service bulletin described adjacent fuel pipe. This condition, if not previously. This proposed AD also List of Subjects in 14 CFR Part 39 corrected, could result in damage to the would provide for optional terminating Air transportation, Aircraft, Aviation fuel feed pipe, which could result in action for the repetitive inspections. safety, Safety.

VerDate 18-JUN-99 08:59 Aug 11, 1999 Jkt 183247 PO 00000 Frm 00014 Fmt 4702 Sfmt 4702 E:\FR\FM\A12AU2.017 pfrm07 PsN: 12AUP1 Federal Register / Vol. 64, No. 155 / Thursday, August 12, 1999 / Proposed Rules 43957

The Proposed Amendment in accordance with British Aerospace Service DEPARTMENT OF TRANSPORTATION Accordingly, pursuant to the Bulletin SB.26–44, dated February 25, 1999. Repeat the inspection thereafter at intervals Federal Aviation Administration authority delegated to me by the not to exceed 3,000 flight hours, until Administrator, the Federal Aviation accomplishment of paragraph (b) of this AD. 14 CFR Part 39 Administration proposes to amend part (i) If the damage does not exceed one-half 39 of the Federal Aviation Regulations [Docket No. 98±NM±385±AD] the thickness of the fuel feed pipe wall, prior (14 CFR part 39) as follows: to further flight, repair the pipe. RIN 2120±AA64 (ii) If the damage exceeds one-half the PART 39ÐAIRWORTHINESS Airworthiness Directives; Bombardier DIRECTIVES thickness of the fuel feed pipe wall, prior to further flight, replace the pipe with a Model CL±600±2B19 (Regional Jet 1. The authority citation for part 39 serviceable part. Series 100) Series Airplanes continues to read as follows: Note 2: For the purposes of this AD, a AGENCY: Federal Aviation Authority: 49 U.S.C. 106(g), 40113, 44701. detailed inspection is defined as: ‘‘An Administration, DOT. intensive visual examination of a specific § 39.13 [Amended] ACTION: Notice of proposed rulemaking structural area, system, installation, or (NPRM). 2. Section 39.13 is amended by assembly to detect damage, failure, or adding the following new airworthiness irregularity. Available lighting is normally SUMMARY: This document proposes the directive: supplemented with a direct source of good adoption of a new airworthiness British Aerospace Regional Aircraft lighting at intensity deemed appropriate by directive (AD) that is applicable to (Formerly British Aerospace Regional the inspector. Inspection aids such as mirror, certain Bombardier Model CL–600– Aircraft Limited, Avro International magnifying lenses, etc., may be used. Surface 2B19 (Regional Jet Series 100) series Aerospace Division; British Aerospace, cleaning and elaborate access procedures airplanes. This proposal would require PLC; British Aerospace Commercial may be required.’’ a one-time inspection to detect damage Aircraft Limited): Docket 99–NM–70– (b) Modification of the clamping of the input connectors and wiring of AD. arrangement for the firewall responder units the main and auxiliary power unit Applicability: Model BAe 146 and Avro in accordance with British Aerospace Service (APU) battery chargers, and corrective 146–RJ series airplanes, except those on Bulletin SB.26–44–01638A, dated February which Modification HCMO1638A (British action, if necessary. It would also Aerospace Service Bulletin SB.26–44– 25, 1999, constitutes terminating action for require installation of secure connectors 01638A, dated February 25, 1999) has been the requirements of this AD. for the battery charger input accomplished; certificated in any category. Alternative Methods of Compliance connections. In addition, this proposal Note 1: This AD applies to each airplane would require, for certain airplanes, (c) An alternative method of compliance or identified in the preceding applicability either the installation of a resistor in the provision, regardless of whether it has been adjustment of the compliance time that battery charger wiring, or the otherwise modified, altered, or repaired in provides an acceptable level of safety may be installation of new batteries with the area subject to the requirements of this used if approved by the Manager, internal resistors. This proposal is AD. For airplanes that have been modified, International Branch, ANM–116, FAA, prompted by issuance of mandatory altered, or repaired so that the performance Transport Airplane Directorate. Operators continuing airworthiness information by of the requirements of this AD is affected, the shall submit their requests through an a foreign civil airworthiness authority. owner/operator must request approval for an appropriate FAA Principal Maintenance The actions specified by the proposed alternative method of compliance in Inspector, who may add comments and then AD are intended to prevent increased accordance with paragraph (c) of this AD. send it to the Manager, International Branch, risk of a short circuit and consequent The request should include an assessment of ANM–116, FAA, Transport Airplane the effect of the modification, alteration, or Directorate. electrical smoke or fire in the aft repair on the unsafe condition addressed by fuselage. this AD; and, if the unsafe condition has not Note 3: Information concerning the DATES: Comments must be received by been eliminated, the request should include existence of approved alternative methods of specific proposed actions to address it. compliance with this AD, if any, may be September 13, 1999. Compliance: Required as indicated, unless obtained from the International Branch, ADDRESSES: Submit comments in accomplished previously. ANM–116. triplicate to the Federal Aviation To prevent damage to the fuel feed pipe, Administration (FAA), Transport which could result in fuel leaks and an Special Flight Permits Airplane Directorate, ANM–114, increased potential for fire on the airplane, (d) Special flight permits may be issued in Attention: Rules Docket No. 98–NM– accomplish the following: accordance with sections 21.197 and 21.199 385–AD, 1601 Lind Avenue, SW., (a) Within 30 days after the effective date of the Federal Aviation Regulations (14 CFR Renton, Washington 98055–4056. of this AD, perform a detailed visual 21.197 and 21.199) to operate the airplane to Comments may be inspected at this inspection of the fuel feed pipe for signs of a location where the requirements of this AD chafing, and ensure that responder units are location between 9:00 a.m. and 3:00 can be accomplished. undamaged and positioned correctly in p.m., Monday through Friday, except relation to clamps and that electrical Note 4: The subject of this AD is addressed Federal holidays. connector backshells and associated wiring in British airworthiness directive 009–02–99. The service information referenced in are undamaged and are oriented to provide Issued in Renton, Washington, on August the proposed rule may be obtained from maximum clearance with the fuel pipe; in 6, 1999. Bombardier, Inc., Canadair, Aerospace accordance with British Aerospace Service D. L. Riggin, Group, P.O. Box 6087, Station Centre- Bulletin SB.26–44, dated February 25, 1999. ville, Montreal, Quebec H3C 3G9, Acting Manager, Transport Airplane (1) If no chafing is detected, repeat the Canada. This information may be inspection thereafter at intervals not to Directorate, Aircraft Certification Service. examined at the FAA, Transport exceed 3,000 flight hours, until [FR Doc. 99–20894 Filed 8–11–99; 8:45 am] accomplishment of paragraph (b) of this AD. Airplane Directorate, 1601 Lind BILLING CODE 4910±13±U (2) If any sign of chafing is detected, prior Avenue, SW., Renton, Washington; or at to further flight, accomplish paragraph the FAA, Engine and Propeller (a)(2)(i) or (a)(2)(ii) of this AD, as applicable, Directorate, New York Aircraft

VerDate 18-JUN-99 08:59 Aug 11, 1999 Jkt 183247 PO 00000 Frm 00015 Fmt 4702 Sfmt 4702 E:\FR\FM\A12AU2.018 pfrm07 PsN: 12AUP1 43958 Federal Register / Vol. 64, No. 155 / Thursday, August 12, 1999 / Proposed Rules

Certification Office, 10 Fifth Street, reported. An investigation has revealed Cost Impact Third Floor, Valley Stream, New York. that short circuit protection does not FOR FURTHER INFORMATION CONTACT: exist within the main battery and the The FAA estimates that 115 airplanes Louis Castracane, Aerospace Engineer, APU battery for the mid-voltage sensing of U.S. registry would be affected by this Systems and Flight Test Branch, ANE– wire going from the 10th cell of each proposed AD. It would take 172, FAA, Engine and Propeller battery to its respective battery charger. approximately 6 work hours per Directorate, New York Aircraft This condition, if not corrected, could airplane to accomplish the proposed Certification Office, 10 Fifth Street, result in increased risk of a short circuit actions (no breakdown of work hours for Third Floor, Valley Stream, New York and consequent electrical smoke or fire each action is provided in the service 11581; telephone (516) 256–7535; fax in the aft fuselage. bulletin), at an average labor rate of $60 (516) 568–2716. per work hour. Required parts would be Explanation of Relevant Service provided at no cost to the operators. SUPPLEMENTARY INFORMATION: Information Based on these figures, the cost impact Comments Invited of the proposed AD on U.S. operators is Bombardier has issued Canadair Alert Interested persons are invited to estimated to be $41,400, or $360 per Service Bulletin A601R–24–085, participate in the making of the airplane. Revision ‘‘C,’’ dated November 5, 1998, proposed rule by submitting such which describes procedures for a one- The cost impact figure discussed written data, views, or arguments as time detailed visual inspection to detect above is based on assumptions that no they may desire. Communications shall damage of the input connectors and operator has yet accomplished any of identify the Rules Docket number and wiring of the main battery and auxiliary the proposed requirements of this AD be submitted in triplicate to the address action, and that no operator would specified above. All communications power unit (APU) battery charger, and corrective action, if necessary. It also accomplish those actions in the future if received on or before the closing date this AD were not adopted. for comments, specified above, will be describes procedures for the installation considered before taking action on the of secure connectors for the battery Regulatory Impact proposed rule. The proposals contained charger input connections, and either The regulations proposed herein in this notice may be changed in light the installation of a resistor in the would not have substantial direct effects of the comments received. battery charger wiring or installation of Comments are specifically invited on new batteries with internal resistors. on the States, on the relationship the overall regulatory, economic, Accomplishment of the actions between the national government and environmental, and energy aspects of specified in the service bulletin is the States, or on the distribution of the proposed rule. All comments intended to adequately address the power and responsibilities among the submitted will be available, both before identified unsafe condition. TCA various levels of government. Therefore, and after the closing date for comments, classified this service bulletin as in accordance with Executive Order in the Rules Docket for examination by mandatory and issued Canadian 12612, it is determined that this interested persons. A report airworthiness directive CF–98–40, dated proposal would not have sufficient summarizing each FAA-public contact November 10, 1998, in order to assure federalism implications to warrant the concerned with the substance of this the continued airworthiness of these preparation of a Federalism Assessment. proposal will be filed in the Rules airplanes in Canada. For the reasons discussed above, I Docket. certify that this proposed regulation (1) FAA’s Conclusions Commenters wishing the FAA to Is not a ‘‘significant regulatory action’’ acknowledge receipt of their comments This airplane model is manufactured under Executive Order 12866; (2) is not submitted in response to this notice in Canada and is type certificated for a ‘‘significant rule’’ under the DOT must submit a self-addressed, stamped operation in the United States under the Regulatory Policies and Procedures (44 postcard on which the following provisions of section 21.29 of the FR 11034, February 26, 1979); and (3) if statement is made: ‘‘Comments to Federal Aviation Regulations (14 CFR promulgated, will not have a significant Docket Number 98–NM–385–AD.’’ The 21.29) and the applicable bilateral economic impact, positive or negative, postcard will be date stamped and airworthiness agreement. Pursuant to on a substantial number of small entities returned to the commenter. this bilateral airworthiness agreement, under the criteria of the Regulatory Availability of NPRMs TCA has kept the FAA informed of the Flexibility Act. A copy of the draft situation described above. The FAA has regulatory evaluation prepared for this Any person may obtain a copy of this examined the findings of TCA, reviewed action is contained in the Rules Docket. NPRM by submitting a request to the all available information, and A copy of it may be obtained by FAA, Transport Airplane Directorate, determined that AD action is necessary contacting the Rules Docket at the ANM–114, Attention: Rules Docket No. for products of this type design that are location provided under the caption 98–NM–385–AD, 1601 Lind Avenue, certificated for operation in the United ADDRESSES. SW., Renton, Washington 98055–4056. States. List of Subjects in 14 CFR Part 39 Discussion Explanation of Requirements of Air transportation, Aircraft, Aviation Transport Canada Aviation (TCA), Proposed Rule which is the airworthiness authority for safety, Safety. Canada, notified the FAA that an unsafe Since an unsafe condition has been The Proposed Amendment condition may exist on certain identified that is likely to exist or Bombardier Model CL–600–2B19 develop on other airplanes of the same Accordingly, pursuant to the (Regional Jet Series 100) series type design registered in the United authority delegated to me by the airplanes. TCA advises that several States, the proposed AD would require Administrator, the Federal Aviation incidents of damage to the battery accomplishment of the actions specified Administration proposes to amend part connectors of the main battery and the in the service bulletin described 39 of the Federal Aviation Regulations auxiliary power unit (APU) have been previously. (14 CFR part 39) as follows:

VerDate 18-JUN-99 08:59 Aug 11, 1999 Jkt 183247 PO 00000 Frm 00016 Fmt 4702 Sfmt 4702 E:\FR\FM\A12AU2.014 pfrm07 PsN: 12AUP1 Federal Register / Vol. 64, No. 155 / Thursday, August 12, 1999 / Proposed Rules 43959

PART 39ÐAIRWORTHINESS intensive visual examination of a specific DEPARTMENT OF TRANSPORTATION DIRECTIVES structural area, system, installation, or assembly to detect damage, failure, or Federal Aviation Administration 1. The authority citation for part 39 irregularity. Available lighting is normally continues to read as follows: supplemented with a direct source of good 14 CFR Part 39 Authority: 49 U.S.C. 106(g), 40113, 44701. lighting at intensity deemed appropriate by [Docket No. 98±NM±324±AD] the inspector. Inspection aids such as mirror, § 39.13 [Amended] magnifying lenses, etc. may be used. Surface RIN 2120±AA64 2. Section 39.13 is amended by cleaning and elaborate access procedures adding the following new airworthiness may be required.’’ Airworthiness Directives; Bombardier directive: Model DHC±8±311 and ±315 Series Modification or Replacement Airplanes Bombardier, Inc. (Formerly Canadair): (b) For airplane serial numbers 7003 Docket 98–NM–385–AD. AGENCY: Federal Aviation through 7067 inclusive and 7069 through Applicability: Model CL–600–2B19 Administration, DOT. (Regional Jet Series 100) series airplanes, 7249 inclusive: Within 450 flight hours after the effective date of this AD, accomplish the ACTION: Notice of proposed rulemaking serial numbers 7003 through 7067 inclusive (NPRM). and 7069 through 7250 inclusive; certificated actions in either paragraph (b)(1) or (b)(2) in in any category. accordance with Part B of the SUMMARY: This document proposes the Note 1: This AD applies to each airplane Accomplishment Instructions of Canadair supersedure of an existing airworthiness identified in the preceding applicability Alert Service Bulletin A601R–24–085, directive (AD), applicable to certain provision, regardless of whether it has been Revision ‘C,’ dated November 5, 1998. Bombardier Model DHC–8–311 and modified, altered, or repaired in the area (1) Install an external 5.1-Kohm resistor in –315 series airplanes, that currently subject to the requirements of this AD. For the mid-voltage sensing wire for the main requires replacement of the nitrogen airplanes that have been modified, altered, or battery and an external 5.1-Kohm resistor in cylinder assemblies that inflate the repaired so that the performance of the the mid-voltage sensing wire for the APU requirements of this AD is affected, the airplane’s ditching dams with improved battery. Or owner/operator must request approval for an nitrogen cylinder assemblies. This (2) Install main battery P/N 601R59041–3 alternative method of compliance in action would expand the applicability accordance with paragraph (c) of this AD. and APU battery P/N 600–59151–11, which contain an internal resistor for the mid- of the existing AD. This proposal is The request should include an assessment of prompted by issuance of mandatory the effect of the modification, alteration, or voltage sensing wire. repair on the unsafe condition addressed by continuing airworthiness information by this AD; and, if the unsafe condition has not Alternative Methods of Compliance a foreign civil airworthiness authority. been eliminated, the request should include (c) An alternative method of compliance or The actions specified by the proposed specific proposed actions to address it. adjustment of the compliance time that AD are intended to prevent failure of the Compliance: Required as indicated, unless provides an acceptable level of safety may be ditching dams to inflate fully during an accomplished previously. used if approved by the Manager, New York emergency water landing, which could To prevent increased risk of a short circuit Aircraft Certification Office (ACO), FAA, result in water entering the airplane. and consequent electrical smoke or fire in the Engine and Propeller Directorate. Operators DATES: Comments must be received by aft fuselage, accomplish the following: shall submit their requests through an September 13, 1999. Inspection and Corrective Action appropriate FAA Principal Maintenance ADDRESSES: Submit comments in (a) For all airplanes: Within 450 flight Inspector, who may add comments and then triplicate to the Federal Aviation hours after the effective date of this AD, send it to the Manager, New York ACO. Administration (FAA), Transport accomplish the actions specified in Note 3: Information concerning the Airplane Directorate, ANM–114, paragraphs (a)(1), (a)(2), and (a)(3) of this AD, existence of approved alternative methods of Attention: Rules Docket No. 98–NM– in accordance with Part A of the compliance with this AD, if any, may be 324–AD, 1601 Lind Avenue, SW., Accomplishment Instructions of Canadair obtained from the New York ACO. Alert Service Bulletin A601R–24–085, Renton, Washington 98055–4056. Revision ‘C,’ dated November 5, 1998. Special Flight Permits Comments may be inspected at this location between 9:00 a.m. and 3:00 (1) Perform a detailed visual inspection to (d) Special flight permits may be issued in p.m., Monday through Friday, except detect damage of the input connector of the accordance with sections 21.197 and 21.199 main battery charger and the wire harness Federal holidays. of the Federal Aviation Regulations (14 CFR between the electrical connectors for the The service information referenced in 21.197 and 21.199) to operate the airplane to main battery and the main battery charger. If the proposed rule may be obtained from a location where the requirements of this AD any damage is detected, prior to further Bombardier, Inc., Bombardier Regional can be accomplished. flight, repair it, or replace the wiring or Aircraft Division, Garratt Boulevard, connector with new or serviceable parts. Note 4: The subject of this AD is addressed Downsview, Ontario M3K 1Y5, Canada. (2) Perform a detailed visual inspection to in Canadian airworthiness directive CF–98– This information may be examined at detect damage of the input connector of the 40, dated November 10, 1998. auxiliary power unit (APU) battery charger the FAA, Transport Airplane and the wire harness between the electrical Issued in Renton, Washington, on August Directorate, 1601 Lind Avenue, SW., connectors for the APU battery and the APU 6, 1999. Renton, Washington; or at the FAA, battery charger. If any damage is detected, D.L. Riggin, Engine and Propeller Directorate, New prior to further flight, repair it, or replace the Acting Manager, Transport Airplane York Aircraft Certification Office, 10 wiring or connector with new or serviceable Directorate, Aircraft Certification Service. Fifth Street, Third Floor, Valley Stream, parts. New York. (3) Secure both the spin coupling ring of [FR Doc. 99–20895 Filed 8–11–99; 8:45 am] the input connector of the main battery BILLING CODE 4910±13±P FOR FURTHER INFORMATION CONTACT: Ezra charger and the spin coupling ring of the Sasson, Aerospace Engineer, Systems input connector of the APU battery charger and Flight Test Branch, ANE–172, FAA, by installing heat shrink tubing and ty-rap. Engine and Propeller Directorate, New Note 2: For the purposes of this AD, a York Aircraft Certification Office, 10 detailed inspection is defined as: ‘‘An Fifth Street, Third Floor, Valley Stream,

VerDate 18-JUN-99 08:59 Aug 11, 1999 Jkt 183247 PO 00000 Frm 00017 Fmt 4702 Sfmt 4702 E:\FR\FM\A12AU2.016 pfrm07 PsN: 12AUP1 43960 Federal Register / Vol. 64, No. 155 / Thursday, August 12, 1999 / Proposed Rules

New York 11581; telephone (516) 256– Actions Since Issuance of Previous Rule Cost Impact 7520; fax (516) 568–2716. Since the issuance of that AD, There are approximately 2 airplanes SUPPLEMENTARY INFORMATION: Transport Canada Civil Aviation (TCA), of U.S. registry that would be affected which is the airworthiness authority for by this proposed AD. Comments Invited Canada, has advised the FAA that The replacement that is currently medium and high gross weight required by AD 98–11–25 and retained Interested persons are invited to configured airplanes on which participate in the making of the in the proposed AD would take Bombardier Change Request approximately 4 work hours per proposed rule by submitting such CR803SO00001–1 or CR803SO00002–1 written data, views, or arguments as airplane to accomplish, at an average has been incorporated may also be labor rate of $60 per work hour. they may desire. Communications shall subject to the identified unsafe identify the Rules Docket number and Required parts would be provided by condition. the manufacturer of the nitrogen be submitted in triplicate to the address cylinder assembly at no cost to the specified above. All communications Explanation of Relevant Service operator. Based on these figures, the received on or before the closing date Information cost impact of the replacement currently for comments, specified above, will be The manufacturer has issued de required on U.S. operators is estimated considered before taking action on the Havilland Service Bulletin S.B. 8–25– to be $480, or $240 per airplane. proposed rule. The proposals contained 122, dated October 10, 1997, which The cost impact figure discussed in this notice may be changed in light describes procedures for replacing the above is based on assumptions that no of the comments received. existing nitrogen cylinder assemblies on operator has yet accomplished any of ditching dams with new nitrogen Comments are specifically invited on the current or proposed requirements of cylinder assemblies that incorporate an the overall regulatory, economic, this AD action, and that no operator improved valve assembly. environmental, and energy aspects of would accomplish those actions in the Accomplishment of the actions the proposed rule. All comments future if this AD were not adopted. submitted will be available, both before specified in the service bulletin is and after the closing date for comments, intended to adequately address the Regulatory Impact identified unsafe condition. TCA in the Rules Docket for examination by The regulations proposed herein classified this service bulletin as interested persons. A report would not have substantial direct effects mandatory and issued Canadian summarizing each FAA-public contact on the States, on the relationship airworthiness directive CF–97–21R1, concerned with the substance of this between the national government and dated July 22, 1998, in order to assure proposal will be filed in the Rules the States, or on the distribution of the continued airworthiness of these Docket. power and responsibilities among the airplanes in Canada. Commenters wishing the FAA to various levels of government. Therefore, acknowledge receipt of their comments FAA’s Conclusions in accordance with Executive Order submitted in response to this notice This airplane model is manufactured 12,612, it is determined that this must submit a self-addressed, stamped in Canada and is type certificated for proposal would not have sufficient postcard on which the following operation in the United States under the federalism implications to warrant the statement is made: ‘‘Comments to provisions of section 21.29 of the preparation of a Federalism Assessment. Docket Number 98–NM–324–AD.’’ The Federal Aviation Regulations (14 CFR For the reasons discussed above, I postcard will be date stamped and 21.29) and the applicable bilateral certify that this proposed regulation (1) returned to the commenter. airworthiness agreement. Pursuant to is not a ‘‘significant regulatory action’’ this bilateral airworthiness agreement, under Executive Order 12866; (2) is not Availability of NPRMs TCA has kept the FAA informed of the a ‘‘significant rule’’ under the DOT Regulatory Policies and Procedures (44 Any person may obtain a copy of this situation described above. The FAA has FR 11034, February 26, 1979); and (3) if NPRM by submitting a request to the examined the findings of TCA, reviewed promulgated, will not have a significant FAA, Transport Airplane Directorate, all available information, and economic impact, positive or negative, ANM–114, Attention: Rules Docket No. determined that AD action is necessary on a substantial number of small entities 98–NM–324–AD, 1601 Lind Avenue, for products of this type design that are under the criteria of the Regulatory SW., Renton, Washington 98055–4056. certificated for operation in the United States. Flexibility Act. A copy of the draft Discussion regulatory evaluation prepared for this Explanation of Requirements of action is contained in the Rules Docket. On May 22, 1998, the FAA issued AD Proposed Rule A copy of it may be obtained by 98–11–25, amendment 39–10550 (63 FR Since an unsafe condition has been contacting the Rules Docket at the 30121, June 3, 1998), applicable to identified that is likely to exist or location provided under the caption certain Bombardier Model DHC–8–311 develop on other airplanes of the same ADDRESSES. and –315 series airplanes, to require type design registered in the United replacement of the nitrogen cylinder States, the proposed AD would List of Subjects in 14 CFR Part 39 assemblies that inflate the airplane’s supersede AD 98–11–25 to continue to Air transportation, Aircraft, Aviation ditching dams with improved nitrogen require replacement of the nitrogen safety, Safety. cylinder assemblies. That action was cylinder assemblies that inflate the prompted by information by a foreign airplane’s ditching dams with improved The Proposed Amendment civil airworthiness authority. The nitrogen cylinder assemblies. This Accordingly, pursuant to the requirements of that AD are intended to action would expand the applicability authority delegated to me by the prevent failure of the ditching dams to of the existing AD. The actions would Administrator, the Federal Aviation inflate fully during an emergency water be required to be accomplished in Administration proposes to amend part landing, which could result in water accordance with the service bulletin 39 of the Federal Aviation Regulations entering the airplane. described previously. (14 CFR part 39) as follows:

VerDate 18-JUN-99 08:59 Aug 11, 1999 Jkt 183247 PO 00000 Frm 00018 Fmt 4702 Sfmt 4702 E:\FR\FM\A12AU2.032 pfrm07 PsN: 12AUP1 Federal Register / Vol. 64, No. 155 / Thursday, August 12, 1999 / Proposed Rules 43961

PART 39ÐAIRWORTHINESS incorporated: As of July 8, 1998, no person DEPARTMENT OF TRANSPORTATION DIRECTIVES shall install on any airplane any nitrogen cylinder assembly having part number (P/N) Federal Aviation Administration 1. The authority citation for part 39 410870(BSC) or 410870–1. continues to read as follows: 14 CFR Part 39 New Requirements of This AD Authority: 49 U.S.C. 106(g), 40113, 44701. [Docket No. 98±NM±377±AD] Replacement § 39.13 [Amended] RIN 2120±AA64 (c) For airplanes other than those identified 2. Section 39.13 is amended by in paragraph (a) of this AD: Within 6 months removing amendment 39–10550 (63 FR Airworthiness Directives; Dassault after the effective date of this AD, replace the Model Falcon 2000 Series Airplanes 30121, June 3, 1998), and by adding a existing nitrogen cylinder assembly on the new airworthiness directive (AD), to ditching dams with a new nitrogen cylinder AGENCY: Federal Aviation read as follows: assembly having P/N 410870–3 or -5, that Administration, DOT. Bombardier, Inc. (Formerly de Havilland, incorporates an improved valve assembly ACTION: Notice of proposed rulemaking Inc.): Docket 98–NM–324–AD. (reference de Havilland Modification 8/ (NPRM). Supersedes AD 98–11–25, Amendment 3154), in accordance with de Havilland 39–10550. Service Bulletin S.B. 8–25–122, dated SUMMARY: This document proposes the Applicability: Model DHC–8–311 and -315 October 10, 1997. adoption of a new airworthiness series airplanes in the medium and high directive (AD) that is applicable to gross weight configuration, on which Spares certain Dassault Model Falcon 2000 Bombardier Change Request CR803SO00001, (d) For airplanes other than those series airplanes. This proposal would CR803SO00001–1, CR803SO00002, identified in paragraph (a) of this AD: As of CR803SO00002–1, CR803CH00046, require a detailed inspection for the effective date of this AD, no person shall CR803CH00079, CR803CH00105, interference between the safety-lock CR825CH00847, or CR803CH00051 has been install on any airplane any nitrogen cylinder hooks and upper cowls, and corrective incorporated; certificated in any category. assembly having P/N 410870(BSC) or action, if necessary. This proposal also Note 1: This AD applies to each airplane 410870–1. would require modification of the identified in the preceding applicability Alternative Methods of Compliance attachment supports of the inner locking provision, regardless of whether it has been hooks; and a detailed inspection of the otherwise modified, altered, or repaired in (e) An alternative method of compliance or safety-lock hooks on the lower engine adjustment of the compliance time that the area subject to the requirements of this cowl for proper operation and for provides an acceptable level of safety may be AD. For airplanes that have been modified, clearance between the outer edges of the altered, or repaired so that the performance used if approved by the Manager, New York upper and lower cowls; and corrective of the requirements of this AD is affected, the Aircraft Certification Office (ACO), FAA, actions, if necessary. This proposal is owner/operator must request approval for an Engine and Propeller Directorate. Operators alternative method of compliance in shall submit their requests through an prompted by issuance of mandatory accordance with paragraph (e) of this AD. appropriate FAA Principal Maintenance continuing airworthiness information by The request should include an assessment of Inspector, who may add comments and then a foreign civil airworthiness authority. the effect of the modification, alteration, or send it to the Manager, New York ACO. The actions specified by the proposed repair on the unsafe condition addressed by AD are intended to prevent unintended this AD; and, if the unsafe condition has not Note 2: Information concerning the disengagement of the engine cowl hooks existence of approved alternative methods of been eliminated, the request should include during ground maintenance, which specific proposed actions to address it. compliance with this AD, if any, may be could result in in-flight loss of an engine obtained from the New York ACO. Compliance: Required as indicated, unless cowl from the airplane and possible accomplished previously. To prevent failure of the ditching dams to Special Flight Permits damage to the airplane and persons or inflate fully during an emergency water (f) Special flight permits may be issued in property on the ground. landing, which could result in water entering accordance with sections 21.197 and 21.199 DATES: Comments must be received by the airplane, accomplish the following: of the Federal Aviation Regulations (14 CFR September 13, 1999. Restatement of the Requirements of AD 98– 21.197 and 21.199) to operate the airplane to ADDRESSES: Submit comments in 11–25, Amendment 39–10550 a location where the requirements of this AD triplicate to the Federal Aviation (a) For airplanes in the medium and high can be accomplished. Administration (FAA), Transport gross weight configuration, on which Note 3: The subject of this AD is addressed Airplane Directorate, ANM–114, Bombardier Change Request CR803SO00001, in Canadian airworthiness directive CF–97– Attention: Rules Docket No. 98–NM– CR803SO00002, CR803CH00046, 21R1, dated July 22, 1998. 377–AD, 1601 Lind Avenue, SW., CR803CH00079, CR803CH00105, Issued in Renton, Washington, on August Renton, Washington 98055–4056. CR825CH00847, or CR803CH00051 has been 6, 1999. Comments may be inspected at this incorporated: Within 6 months after July 8, location between 9:00 a.m. and 3:00 1998 (the effective date of AD 98–11–25), D. L. Riggin, p.m., Monday through Friday, except replace the existing nitrogen cylinder Acting Manager, Transport Airplane assembly on the ditching dams with a new Directorate, Aircraft Certification Service. Federal holidays. The service information referenced in nitrogen cylinder assembly that incorporates [FR Doc. 99–20891 Filed 8–11–99; 8:45 am] an improved valve assembly (reference de the proposed rule may be obtained from Havilland Modification 8/3154), in BILLING CODE 4910±13±P Dassault Falcon Jet, P.O. Box 2000, accordance with de Havilland Service South Hackensack, New Jersey 07606. Bulletin S.B. 8–25–122, dated October 10, This information may be examined at 1997. the FAA, Transport Airplane (b) For airplanes in the medium and high Directorate, 1601 Lind Avenue, SW., gross weight configuration, on which Renton, Washington. Bombardier Change Request CR803SO00001, CR803SO00002, CR803CH00046, FOR FURTHER INFORMATION CONTACT: CR803CH00079, CR803CH00105, Norman B. Martenson, Manager, CR825CH00847, or CR803CH00051 has been International Branch, ANM–116, FAA,

VerDate 18-JUN-99 08:59 Aug 11, 1999 Jkt 183247 PO 00000 Frm 00019 Fmt 4702 Sfmt 4702 E:\FR\FM\A12AU2.033 pfrm07 PsN: 12AUP1 43962 Federal Register / Vol. 64, No. 155 / Thursday, August 12, 1999 / Proposed Rules

Transport Airplane Directorate, 1601 closing the cowling during ground Explanation of Requirements of Lind Avenue, SW., Renton, Washington maintenance the forward hook was not Proposed Rule 98055–4056; telephone (425) 227–2110; properly engaged. The existing design of Since an unsafe condition has been fax (425) 227–1149. the attachment hook may not adequately identified that is likely to exist or SUPPLEMENTARY INFORMATION: prevent such disengagement. This develop on other airplanes of the same Comments Invited condition, if not corrected, could result type design registered in the United in in-flight loss of an engine cowl from States, the proposed AD would require Interested persons are invited to the airplane and possible damage to the accomplishment of the actions specified participate in the making of the airplane and persons or property on the proposed rule by submitting such in the service bulletin described ground. written data, views, or arguments as previously. they may desire. Communications shall Explanation of Relevant Service Cost Impact identify the Rules Docket number and Information The FAA estimates that 39 airplanes be submitted in triplicate to the address of U.S. registry would be affected by this specified above. All communications Dassault has issued Service Bulletin proposed AD, that it would take received on or before the closing date F2000–133, Revision 1, dated October 7, approximately 3 work hours per for comments, specified above, will be 1998, which describes procedures for a airplane to accomplish the proposed considered before taking action on the detailed inspection for interference inspections and modification, and that proposed rule. The proposals contained between the safety-lock hooks and in this notice may be changed in light the average labor rate is $60 per work upper cowls, and trimming the upper hour. Required parts would cost of the comments received. cowl slots, if necessary. The service Comments are specifically invited on approximately $9 per airplane. Based on bulletin also describes procedures for these figures, the cost impact of the the overall regulatory, economic, modification of the attachment supports environmental, and energy aspects of proposed AD on U.S. operators is of the inner locking hooks; and a estimated to be $7,371, or $189 per the proposed rule. All comments detailed inspection of the safety-lock submitted will be available, both before airplane. hooks on the lower engine cowl for and after the closing date for comments, The cost impact figure discussed proper operation and for clearance in the Rules Docket for examination by above is based on assumptions that no between the outer edges of the upper interested persons. A report operator has yet accomplished any of summarizing each FAA-public contact and lower cowls, and corrective actions, the proposed requirements of this AD concerned with the substance of this if necessary. The modification involves action, and that no operator would proposal will be filed in the Rules trimming the attachment support of accomplish those actions in the future if Docket. each lock and applying a corrosion this AD were not adopted. Commenters wishing the FAA to protective coating. The corrective Regulatory Impact acknowledge receipt of their comments actions involve replacing the safety submitted in response to this notice hammer return springs, front and rear The regulations proposed herein must submit a self-addressed, stamped outer attachment hooks, and safety would not have substantial direct effects postcard on which the following hammers; and trimming the outer edges on the States, on the relationship statement is made: ‘‘Comments to of the lower cowl, if necessary. between the national government and Docket Number 98–NM–377–AD.’’ The Accomplishment of the actions the States, or on the distribution of postcard will be date stamped and specified in the service bulletin is power and responsibilities among the various levels of government. Therefore, returned to the commenter. intended to adequately address the in accordance with Executive Order identified unsafe condition. Availability of NPRMs 12612, it is determined that this Any person may obtain a copy of this The DGAC classified this service proposal would not have sufficient NPRM by submitting a request to the bulletin as mandatory and issued federalism implications to warrant the FAA, Transport Airplane Directorate, French airworthiness directive 98–391– preparation of a Federalism Assessment. ANM–114, Attention: Rules Docket No. 006(B), dated October 7, 1998, in order For the reasons discussed above, I 98–NM–377–AD, 1601 Lind Avenue, to assure the continued airworthiness of certify that this proposed regulation (1) SW., Renton, Washington 98055–4056. these airplanes in France. is not a ‘‘significant regulatory action’’ under Executive Order 12866; (2) is not Discussion FAA’s Conclusions a ‘‘significant rule’’ under the DOT ´ ´ The Direction Generale de l’Aviation This airplane model is manufactured Regulatory Policies and Procedures (44 Civile (DGAC), which is the in France and is type certificated for FR 11034, February 26, 1979); and (3) if airworthiness authority for France, operation in the United States under the promulgated, will not have a significant notified the FAA that an unsafe provisions of section 21.29 of the economic impact, positive or negative, condition may exist on certain Dassault on a substantial number of small entities Federal Aviation Regulations (14 CFR Model Falcon 2000 series airplanes. The under the criteria of the Regulatory 21.29) and the applicable bilateral DGAC advises that, during flight, an Flexibility Act. A copy of the draft airworthiness agreement. Pursuant to engine cowl separated from an airplane. regulatory evaluation prepared for this A definitive cause for the separation this bilateral airworthiness agreement, action is contained in the Rules Docket. could not be determined because critical the DGAC has kept the FAA informed A copy of it may be obtained by pieces of the cowling were not of the situation described above. The contacting the Rules Docket at the recovered. The separation is thought to FAA has examined the findings of the location provided under the caption have been caused by disengagement of DGAC, reviewed all available ADDRESSES. a forward attachment hook during information, and determined that AD ground maintenance. This theory is action is necessary for products of this List of Subjects in 14 CFR Part 39 supported by another report received type design that are certificated for Air transportation, Aircraft, Aviation from an operator that noted that after operation in the United States. safety, Safety.

VerDate 18-JUN-99 08:59 Aug 11, 1999 Jkt 183247 PO 00000 Frm 00020 Fmt 4702 Sfmt 4702 E:\FR\FM\A12AU2.029 pfrm07 PsN: 12AUP1 Federal Register / Vol. 64, No. 155 / Thursday, August 12, 1999 / Proposed Rules 43963

The Proposed Amendment between the outer edges of the upper and SUMMARY: This document proposes the lower cowls. If any discrepancy is detected, adoption of a new airworthiness Accordingly, pursuant to the prior to further flight, perform the applicable authority delegated to me by the directive (AD) that is applicable to corrective action specified in the service certain McDonnell Douglas Model DC– Administrator, the Federal Aviation bulletin. Administration proposes to amend part 10–30 and –30F series airplanes, and Note 2: For the purposes of this AD, a Model MD–11 and –11F series 39 of the Federal Aviation Regulations detailed inspection is defined as: ‘‘An (14 CFR part 39) as follows: intensive visual examination of a specific airplanes. This proposal would require structural area, system, installation, or that a determination be made of PART 39ÐAIRWORTHINESS assembly to detect damage, failure, or whether, and at what locations, DIRECTIVES irregularity. Available lighting is normally metallized polyethyleneteraphthalate supplemented with a direct source of good (MPET) insulation blankets are 1. The authority citation for part 39 lighting at intensity deemed appropriate by installed, and replacement of MPET continues to read as follows: the inspector. Inspection aids such as mirror, insulation blankets with new insulation Authority: 49 U.S.C. 106(g), 40113, 44701. magnifying lenses, etc., may be used. Surface blankets. This proposal is prompted by cleaning and elaborate access procedures reports of in-flight and ground fires on § 39.13 [Amended] may be required.’’ certain airplanes manufactured with 2. Section 39.13 is amended by Alternative Methods of Compliance insulation blankets covered with MPET, adding the following new airworthiness (b) An alternative method of compliance or which may contribute to the spread of directive: adjustment of the compliance time that a fire when ignition occurs from small Dassault Aviation: Docket 98–NM–377–AD. provides an acceptable level of safety may be ignition sources such as electrical arcing used if approved by the Manager, or sparking. The actions specified by the Applicability: Model Falcon 2000 series International Branch, ANM–116, FAA, airplanes, serial numbers 2 through 72 Transport Airplane Directorate. Operators proposed AD are intended to ensure that inclusive, except those airplanes on which shall submit their requests through an insulation blankets constructed of modification M1486 (reference Dassault appropriate FAA Principal Maintenance MPET are removed from the fuselage. Service Bulletin F2000–133, dated July 29, Inspector, who may add comments and then Such insulation blankets could 1998, or Revision 1, dated October 7, 1998) send it to the Manager, International Branch, propagate a small fire that is the result has been accomplished; certificated in any ANM–116. of an otherwise harmless electrical arc category. Note 3: Information concerning the and could lead to a much larger fire. Note 1: This AD applies to each airplane existence of approved alternative methods of identified in the preceding applicability compliance with this AD, if any, may be DATES: Comments must be received by provision, regardless of whether it has been obtained from the International Branch, September 27, 1999. otherwise modified, altered, or repaired in ANM–116. the area subject to the requirements of this ADDRESSES: Submit comments in AD. For airplanes that have been modified, Special Flight Permits triplicate to the Federal Aviation altered, or repaired so that the performance (c) Special flight permits may be issued in Administration (FAA), Transport of the requirements of this AD is affected, the accordance with sections 21.197 and 21.199 Airplane Directorate, ANM–114, owner/operator must request approval for an of the Federal Aviation Regulations (14 CFR Attention: Rules Docket No. 99–NM– alternative method of compliance in 21.197 and 21.199) to operate the airplane to 162–AD, 1601 Lind Avenue, SW., accordance with paragraph (b) of this AD. a location where the requirements of this AD Renton, Washington 98055–4056. The request should include an assessment of can be accomplished. the effect of the modification, alteration, or Comments may be inspected at this repair on the unsafe condition addressed by Note 4: The subject of this AD is addressed location between 9:00 a.m. and 3:00 this AD; and, if the unsafe condition has not in French airworthiness directive 98–391– p.m., Monday through Friday, except been eliminated, the request should include 006(B), dated October 7, 1998. Federal holidays. specific proposed actions to address it. Issued in Renton, Washington, on August 6, 1999. The service information referenced in Compliance: Required as indicated, unless the proposed rule may be obtained from D. L. Riggin, accomplished previously. Boeing Commercial Aircraft Group, To prevent unintended disengagement of Acting Manager, Transport Airplane Long Beach Division, 3855 Lakewood the engine cowl hooks during ground Directorate, Aircraft Certification Service. Boulevard, Long Beach, California maintenance, which could result in in-flight [FR Doc. 99–20892 Filed 8–11–99; 8:45 am] loss of the engine cowl from the airplane and 90846, Attention: Technical BILLING CODE 4910±13±P possible damage to the airplane and persons Publications Business Administration, or property on the ground, accomplish the Dept. C1–L51 (2–60). This information following: may be examined at the FAA, Transport DEPARTMENT OF TRANSPORTATION Corrective Actions Airplane Directorate, 1601 Lind Federal Aviation Administration Avenue, SW., Renton, Washington; or at (a) Within 6 months after the effective date the FAA, Transport Airplane of this AD, accomplish the requirements of paragraphs (a)(1), (a)(2), and (a)(3) of this AD 14 CFR Part 39 Directorate, Los Angeles Aircraft Certification Office, 3960 Paramount in accordance with Dassault Service Bulletin [Docket No. 99±NM±162±AD] F2000–133, Revision 1, dated October 7, Boulevard, Lakewood, California. 1998. RIN 2120±AA64 FOR FURTHER INFORMATION CONTACT: (1) Perform a detailed inspection for interference between the safety-lock hooks Airworthiness Directives; McDonnell Robert Stacho, Aerospace Engineer, and upper cowls. If the clearance is outside Douglas Model DC±10±30 and ±30F Systems and Equipment Branch, ANM– the limits specified in the service bulletin, Series Airplanes, and Model MD±11 130L, FAA, Transport Airplane prior to further flight, trim the edges of the and ±11F Series Airplanes Directorate, Los Angeles Aircraft upper cowl slots. Certification Office, 3960 Paramount (2) Modify the attachment supports of the AGENCY: Federal Aviation Boulevard, Lakewood, California inner locking hooks. Administration, DOT. 90712–4137; telephone (562) 627–5334; (3) Perform a detailed inspection of the ACTION: Notice of proposed rulemaking fax (562) 627–5210. safety-lock hooks on the lower engine cowl (NPRM). for proper operation and for clearance SUPPLEMENTARY INFORMATION:

VerDate 18-JUN-99 08:59 Aug 11, 1999 Jkt 183247 PO 00000 Frm 00021 Fmt 4702 Sfmt 4702 E:\FR\FM\A12AU2.030 pfrm07 PsN: 12AUP1 43964 Federal Register / Vol. 64, No. 155 / Thursday, August 12, 1999 / Proposed Rules

Comments Invited Insulation blankets constructed of Differences Between the Proposed AD Interested persons are invited to MPET installed throughout the fuselage, and Service Bulletins participate in the making of the if not corrected, could propagate a small The referenced service bulletins proposed rule by submitting such fire that is the result of an otherwise describe procedures for replacement of written data, views, or arguments as harmless electrical arc and could lead to MPET covered insulation blankets with they may desire. Communications shall a much larger fire. certain metallized Tedlar or equivalent identify the Rules Docket number and The subject insulation blankets on blanket material, which meet the be submitted in triplicate to the address certain McDonnell Douglas Model DC– current FAA flammability standards specified above. All communications 10–30 and –30F series airplanes, and (i.e., Bunsen burner test). However, this received on or before the closing date Model MD–11F series airplanes are proposed AD requires replacement with for comments, specified above, will be identical to those on the affected Model insulation blankets that are constructed considered before taking action on the DC–9–80 and MD–11 series airplanes. of materials tested in accordance with proposed rule. The proposals contained Therefore, all of these airplanes may be Standard Test Method American Society in this notice may be changed in light subject to the same unsafe condition. for Testing and Materials (ASTM) E648 of the comments received. The FAA is issuing a separate and approved by the FAA. The FAA Comments are specifically invited on rulemaking action [notice of proposed finds that the current flammability the overall regulatory, economic, rulemaking (NPRM), Rules Docket No. standards are not able to distinguish environmental, and energy aspects of 99–NM–161–AD] to address McDonnell between different types of insulation the proposed rule. All comments Douglas Model DC–9–80 and MD–90–30 covering material in their flame spread submitted will be available, both before series airplanes, and Model MD–88 properties from small ignition sources. and after the closing date for comments, airplanes. ASTM E648 provides a test that will in the Rules Docket for examination by differentiate flame spread properties of interested persons. A report Other Relevant Investigations and Rulemaking different metallized Tedlars. Only one summarizing each FAA-public contact of the two insulation blanket film concerned with the substance of this The FAA is continuing to investigate materials specified in the service proposal will be filed in the Rules various wiring problems on McDonnell bulletins, has successfully passed the Docket. Douglas Model DC–9–80, MD–90–30, testing of the ASTM flammability Commenters wishing the FAA to DC–10, and MD–11 series airplanes, and standard and has been found to be an acknowledge receipt of their comments Model MD–88 airplanes. The FAA may acceptable replacement material for the submitted in response to this notice consider additional rulemaking actions MPET covered insulation blankets. must submit a self-addressed, stamped to address any identified unsafe Other film material, such as certain postcard on which the following condition. The FAA will take into polyimide and fluoropolymer statement is made: ‘‘Comments to account the impact of those actions on composites, also has been successfully Docket Number 99–NM–162–AD.’’ The U.S. operators to minimize the tested to ASTM E648 and could be postcard will be date stamped and duplication of aircraft downtime found to be acceptable for compliance returned to the commenter. associated with accomplishing the with the requirements of this proposed Availability of NPRMs actions of this proposed AD. AD if presented to the FAA for Any person may obtain a copy of this Explanation of Relevant Service approval. These materials are not listed NPRM by submitting a request to the Information in the service bulletins described FAA, Transport Airplane Directorate, previously. ANM–114, Attention: Rules Docket No. The FAA has reviewed and approved Operators should note that this 99–NM–162–AD, 1601 Lind Avenue, McDonnell Douglas Service Bulletin proposed AD would require SW., Renton, Washington 98055–4056. DC10–25–368, dated October 31, 1997 replacement of MPET insulation (for Model DC–10–30 and –30F series blankets within 4 years after the Discussion airplanes), and McDonnell Douglas effective date of this AD. The service The FAA has received reports of a Service Bulletin MD11–25–200, bulletins recommend that this action number of in-flight and ground fires on Revision 01, dated March 20, 1998 (for should be accomplished ‘‘at the earliest McDonnell Douglas Model DC–9–80 Model MD–11 and –11F series practical maintenance period.’’ and MD–11 series airplanes airplanes). The service bulletins Maintenance periods vary between manufactured with insulation blankets describe procedures for replacement of operators and may involve maintenance covered with metallized MPET covered insulation blankets with on an entire airplane or only portions of polyethyleneteraphthalate (MPET) (also new blankets fabricated with metallized an airplane. As a result, in developing known as metallized Mylar). Tedlar or equivalent blanket material. an appropriate compliance time for this Investigation has revealed that MPET Accomplishment of the replacement and other proposed AD’s, the FAA must covered insulation blankets may procedures specified in the service adopt a time period that will apply to contribute to the spread of a fire when bulletins is intended to adequately all operators and airplanes. In ignition occurs from small ignition address the identified unsafe condition. establishing a compliance time for this proposed AD, the FAA balanced the sources such as electrical arcing or Explanation of Requirements of urgency associated with addressing the sparking. The results of extensive Proposed Rule flammability testing, conducted by the subject unsafe condition against the manufacturer and the FAA, revealed Since an unsafe condition has been need to ensure that operators are that this type of insulation material will identified that is likely to exist or provided sufficient time to perform a propagate a fire. develop on other products of this same safe replacement of the insulation. There are other materials on type design, the proposed AD would Because of the close proximity of the insulation blankets that exhibit similar require accomplishment of the actions insulation to wiring and other fixtures flammability characteristics if ignited. specified in the service bulletins of various critical airplane systems, it is However, these materials are much described previously, except as imperative that operators be given the more difficult to ignite than MPET. discussed below. necessary time to ensure safe

VerDate 18-JUN-99 08:59 Aug 11, 1999 Jkt 183247 PO 00000 Frm 00022 Fmt 4702 Sfmt 4702 E:\FR\FM\A12AU2.039 pfrm07 PsN: 12AUP1 Federal Register / Vol. 64, No. 155 / Thursday, August 12, 1999 / Proposed Rules 43965 replacement. Therefore, the FAA has proposal would not have sufficient including small businesses, not-for- determined that a 4-year compliance federalism implications to warrant the profit organizations, and small time is appropriate in that it allows the preparation of a Federalism Assessment. governmental jurisdictions. proposed replacement to be The FAA conducted a Preliminary Agencies must perform a review to accomplished within an interval of time Cost Analysis and Initial Regulatory determine whether a proposed or final that encompasses normal scheduled Flexibility Analysis to determine the rule will have a significant economic maintenance for the majority of affected regulatory impacts of this and one other impact on a substantial number of small operators, thereby, allowing safe proposed AD to operators of all 699 entities. If the determination is that it replacement. In order to meet the U.S.-registered McDonnell Douglas will, the Agency must prepare a deadline, the FAA expects early airplanes that have thermal/acoustical regulatory flexibility analysis as planning and anticipates that operators insulation blankets covered with a film described in the RFA. will have to take advantage of every of MPET. This analysis is included in However, if an agency determines that heavy maintenance opportunity. Rules Docket No.’s 99–NM–162–AD and a proposed or final rule is not expected Operators also should note that the 99–NM–161–AD. The FAA has to have a significant economic impact effectivity listing of the referenced determined that 61 Model MD–11 and on a substantial number of small service bulletins differs from the –11F series airplanes and four Model entities, section 605(b) of the RFA applicability of the proposed AD. The DC–10–30 and –30F series airplanes provides that the head of the agency applicability of the proposed AD affects operated by 5 entities would be affected may so certify and a regulatory airplanes manufactured with MPET by this proposed AD. Three entities flexibility analysis is not required. The insulation blankets. The effectivity operate Model MD–11 and –11F series certification must include a statement listing of the service bulletins not only airplanes and two entities operate both providing the factual basis for this includes airplanes manufactured with Model MD–11 and –11F series airplanes determination, and the reasoning should MPET insulation blankets, but airplanes and Model DC–10–30 and –30F series be clear. Only one entity affected by the equipped with other materials that are airplanes. proposed AD is considered small. This much more difficult to ignite than The Preliminary Cost Analysis and entity has revenues in excess of $100 MPET (as discussed previously). The Initial Regulatory Flexibility Analysis, million. One entity is not considered a FAA has determined that only airplanes completed by the FAA and included in substantial number of small entities by manufactured with MPET insulation the Rules Docket, estimates that the Small Business Administration criteria. blankets are subject to the identified affected airplanes could be retrofitted Pursuant to the RFA, 5 U.S.C. 605(b), unsafe condition. Therefore, paragraph with thermal/acoustic insulation the FAA certifies that this proposed AD (a) of the proposed AD would require blankets covered with film that exhibit would not have a significant economic that a determination be made of no flame propagation when tested in impact on a substantial number of small whether, and at what locations, MPET accordance with the requirements of entities. insulation blankets are installed, and ASTM E648 or FAA-approved The provisions of this proposed AD the proposal would require corrective equivalent. Testing conducted by the would have little or no impact on trade action only with respect to those FAA indicates that there are films that for U.S. firms doing business in foreign blankets. The proposal would require are currently in use that meet the test countries and foreign firms doing that this determination be made in a standard required by this proposed AD. business in the United States. manner approved by the manager of the These include certain polyvinylfluoride Title II of the Unfunded Mandates LAACO. Blankets that are stamped with films that weigh no more than the Reform Act of 1995 (the Act), enacted as ‘‘DMS 2072, Type 2, Class 1, Grade A’’ materials they would replace. The FAA Pub. L. 104–4 on March 22, 1995, or ‘‘DMS 1996, Type 1’’ are constructed has identified three categories of costs requires each Federal agency, to the of MPET. On some blankets, because of associated with the retrofit: (1) Material extent permitted by law, to prepare a their age or wear, it may not be possible costs of the blankets; (2) labor costs to written assessment of the effects of any to identify these stamps. Boeing is remove existing blankets, install new Federal mandate in a proposed or final currently developing instructions for blankets, and reinstall wiring, panels, agency rule that may result in the how to determine whether such floors, and other items; and (3) net lost expenditure by State, local, and tribal blankets are constructed of MPET. revenues, or out of service costs. Over governments, in the aggregate, or by the These instructions, if approved, may be the four-year compliance period, private sector, of $100 million or more referenced as additional service material costs would total $3.5 million, (adjusted annually for inflation) in any information in any final rule resulting labor costs would be $43.5 million, and one year. Section 204(a) of the Act, 2 from this rulemaking. In addition, if net lost revenues would be $9.9 million. U.S.C. 1534(a), requires the Federal additional airplane models Total costs would be $56.8 million, or agency to develop an effective process manufactured with MPET insulation $48.1 million discounted to present to permit timely input by elected blankets are identified, the FAA may value at seven percent. officers (or their designees) of State, consider additional rulemaking actions The Regulatory Flexibility Act (RFA) local, and tribal governments on a to address the identified unsafe of 1980 establishes ‘‘as a principle of proposed ‘‘significant intergovernmental condition. regulatory issuance that agencies shall mandate.’’ A ‘‘significant endeavor, consistent with the objective intergovernmental mandate’’ under the Regulatory Evaluation of the rule and of applicable statutes, to Act is any provision in a Federal agency The regulations proposed herein fit regulatory and informational regulation that would impose an would not have substantial direct effects requirements to the sale of the business, enforceable duty upon State, local, and on the States, on the relationship organizations, and governmental tribal governments, in the aggregate, of between the national government and jurisdictions subject to regulation. To $100 million (adjusted annually for the States, or on the distribution of achieve that principle, the RFA requires inflation) in any one year. Section 203 power and responsibilities among the agencies to solicit and consider flexible of the Act, 2 U.S.C. 1533, which various levels of government. Therefore, regulatory proposals and to explain the supplements section 204(a), provides in accordance with Executive Order rationale for their actions. The RFA that before establishing any regulatory 12612, it is determined that this covers a wide-range of small entities, requirements that might significantly or

VerDate 18-JUN-99 08:59 Aug 11, 1999 Jkt 183247 PO 00000 Frm 00023 Fmt 4702 Sfmt 4702 E:\FR\FM\A12AU2.040 pfrm07 PsN: 12AUP1 43966 Federal Register / Vol. 64, No. 155 / Thursday, August 12, 1999 / Proposed Rules uniquely affect small governments, the Inspection a location where the requirements of this AD agency shall have developed a plan that, (a) Within 4 years after the effective date can be accomplished. among other things, provides for notice of this AD, determine whether, and at what Issued in Renton, Washington, on August to potentially affected small locations, insulation blankets constructed of 9, 1999. governments, if any, and for a MPET are installed. This determination shall D. L. Riggin, Acting Manager, meaningful and timely opportunity to be made in a manner approved by the Transport Airplane Directorate, provide input in the development of Manager, Los Angeles Aircraft Certification Office (ACO), FAA, Transport Airplane Aircraft Certification Service. regulatory proposals. Directorate. [FR Doc. 99–20939 Filed 8–11–99; 8:45 am] This proposed AD does not contain Note 2: Insulation blankets that are BILLING CODE 4910±13±P any Federal intergovernmental or stamped with ‘‘DMS 2072, Type 2, Class 1, private sector mandate. Therefore, the Grade A’’ or ‘‘DMS 1996, Type 1’’ are requirements of Title II of the Unfunded constructed of MPET. DEPARTMENT OF TRANSPORTATION Mandates Reform Act of 1995 do not Corrective Actions Federal Aviation Administration apply. (b) For insulation blankets that are List of Subjects in 14 CFR Part 39 determined not to be constructed of MPET, 14 CFR Part 39 no further action is required by this AD. Air transportation, Aircraft, Aviation (c) For insulation blankets that are [Docket No. 99±NM±161±AD] safety, Safety. determined to be constructed of MPET, RIN 2120±AA64 within 4 years after the effective date of this The Proposed Amendment AD, replace the MPET insulation blankets Airworthiness Directives; McDonnell with new insulation blankets. The Douglas Model DC±9±80 and MD±90± Accordingly, pursuant to the replacement procedures shall be done in authority delegated to me by the accordance with the Accomplishment 30 Series Airplanes, and Model MD±88 Administrator, the Federal Aviation Instructions of McDonnell Douglas Service Airplanes Bulletin DC10–25–368, dated October 31, Administration proposes to amend part AGENCY: Federal Aviation 39 of the Federal Aviation Regulations 1997 (for Model DC–10–30 and –30F series airplanes); or McDonnell Douglas Service Administration, DOT. (14 CFR part 39) as follows: Bulletin MD11–25–200, Revision 01, dated ACTION: Notice of proposed rulemaking March 20, 1998 (for Model MD–11 and –11F (NPRM). PART 39ÐAIRWORTHINESS series airplanes); as applicable. The DIRECTIVES replacement insulation blankets must be SUMMARY: This document proposes the constructed of materials tested in accordance adoption of a new airworthiness 1. The authority citation for part 39 with Standard Test Method American directive (AD) that is applicable to continues to read as follows: Society for Testing and Materials (ASTM) certain McDonnell Douglas Model DC– E648 and approved by the Manager, Los Authority: 49 U.S.C. 106(g), 40113, 44701. Angeles ACO. 9–80 and MD–90–30 series airplanes, and Model MD–88 airplanes. This § 39.13 [Amended] Note 3: Although this paragraph allows up to 4 years for the required replacement, the proposal would require that a 2. Section 39.13 is amended by FAA anticipates that operators will comply at determination be made of whether, and adding the following new airworthiness the earliest practicable maintenance at what locations, metallized directive: opportunity. polyethyleneteraphthalate (MPET) Note 4: Only one of the two metallized insulation blankets are installed, and McDonnell Douglas: Docket 99–NM–162– Tedlar covers specified in the service AD. replacement of MPET insulation bulletins has been shown to have blankets with new insulation blankets. Applicability: Model DC–10–30 and –30F successfully passed the testing of the ASTM This proposal is prompted by reports of series airplanes, and Model MD–11 and –11F flammability standard and is considered series airplanes; manufacturer’s fuselage acceptable for compliance with the in-flight and ground fires on certain numbers 440 through 632 inclusive; requirements of paragraph (c) of this AD. airplanes manufactured with insulation certificated in any category. blankets covered with MPET, which Spares Note: This AD applies to each airplane may contribute to the spread of a fire identified in the preceding applicability (d) As of the effective date of this AD, no when ignition occurs from small provision, regardless of whether it has been person shall install an MPET insulation ignition sources such as electrical arcing modified, altered, or repaired in the area blanket on any airplane. or sparking. The actions specified by the subject to the requirements of this AD. For Alternative Methods of Compliance proposed AD are intended to ensure that airplanes that have been modified, altered, or (e) An alternative method of compliance or insulation blankets constructed of repaired so that the performance of the adjustment of the compliance time that MPET are removed from the fuselage. requirements of this AD is affected, the provides an acceptable level of safety may be Such insulation blankets could owner/operator must request approval for an used if approved by the Manager, Los propagate a small fire that is the result alternative method of compliance in Angeles ACO. Operators shall submit their accordance with paragraph (e) of this AD. of an otherwise harmless electrical arc requests through an appropriate FAA and could lead to a much larger fire. The request should include an assessment of Principal Maintenance Inspector, who may the effect of the modification, alteration, or add comments and then send it to the DATES: Comments must be received by repair on the unsafe condition addressed by Manager, Los Angeles ACO. September 27, 1999. this AD; and, if the unsafe condition has not Note 5: Information concerning the ADDRESSES: Submit comments in been eliminated, the request should include existence of approved alternative methods of triplicate to the Federal Aviation specific proposed actions to address it. compliance with this AD, if any, may be Administration (FAA), Transport Compliance: Required as indicated, unless obtained from the Los Angeles ACO. Airplane Directorate, ANM–114, accomplished previously. To ensure that insulation blankets Special Flight Permits Attention: Rules Docket No. 99–NM– constructed of metallized (f) Special flight permits may be issued in 161–AD, 1601 Lind Avenue, SW., polyethyleneteraphthalate (MPET) are accordance with sections 21.197 and 21.199 Renton, Washington 98055–4056. removed from the fuselage, accomplish the of the Federal Aviation Regulations (14 CFR Comments may be inspected at this following: 21.197 and 21.199) to operate the airplane to location between 9:00 a.m. and 3:00

VerDate 18-JUN-99 08:59 Aug 11, 1999 Jkt 183247 PO 00000 Frm 00024 Fmt 4702 Sfmt 4702 E:\FR\FM\A12AU2.041 pfrm07 PsN: 12AUP1 Federal Register / Vol. 64, No. 155 / Thursday, August 12, 1999 / Proposed Rules 43967 p.m., Monday through Friday, except FAA, Transport Airplane Directorate, MD–90–25–015, Revision 01, dated Federal holidays. ANM–114, Attention: Rules Docket No. November 5, 1997 (for Model MD–90– The service information referenced in 99–NM–161–AD, 1601 Lind Avenue, 30 series airplanes), and McDonnell the proposed rule may be obtained from SW., Renton, Washington 98055–4056. Douglas Service Bulletin MD80–25–355, Boeing Commercial Aircraft Group, Revision 01, dated November 5, 1997 Discussion Long Beach Division, 3855 Lakewood (for Model DC–9–80 series airplanes and Boulevard, Long Beach, California The FAA has received reports of a Model MD–88 airplanes). The service 90846, Attention: Technical number of in-flight and ground fires on bulletins describe procedures for Publications Business Administration, McDonnell Douglas Model DC–9–80 replacement of MPET covered Dept. C1–L51 (2–60). This information and MD–11 series airplanes insulation blankets with new blankets may be examined at the FAA, Transport manufactured with insulation blankets fabricated with metallized Tedlar or Airplane Directorate, 1601 Lind covered with metallized equivalent blanket material. Avenue, SW., Renton, Washington; or at polyethyleneteraphthalate (MPET) (also Accomplishment of the replacement the FAA, Transport Airplane known as metallized Mylar). procedures specified in the service Directorate, Los Angeles Aircraft Investigation has revealed that MPET bulletins is intended to adequately Certification Office, 3960 Paramount covered insulation blankets may address the identified unsafe condition. Boulevard, Lakewood, California. contribute to the spread of a fire when ignition occurs from small ignition Explanation of Requirements of FOR FURTHER INFORMATION CONTACT: Proposed Rule Robert Stacho, Aerospace Engineer, sources such as electrical arcing or Systems and Equipment Branch, ANM– sparking. The results of extensive Since an unsafe condition has been 130L, FAA, Transport Airplane flammability testing, conducted by the identified that is likely to exist or Directorate, Los Angeles Aircraft manufacturer and the FAA, revealed develop on other products of this same Certification Office, 3960 Paramount that this type of insulation material will type design, the proposed AD would Boulevard, Lakewood, California propagate a fire. require accomplishment of the actions There are other materials on 90712–4137; telephone (562) 627–5334; specified in the service bulletins insulation blankets that exhibit similar fax (562) 627–5210. described previously, except as flammability characteristics if ignited. discussed below. SUPPLEMENTARY INFORMATION: However, these materials are much Comments Invited more difficult to ignite than MPET. Differences Between the Proposed AD Insulation blankets constructed of and Service Bulletins Interested persons are invited to MPET installed throughout the fuselage, The referenced service bulletins participate in the making of the if not corrected, could propagate a small describe procedures for replacement of proposed rule by submitting such fire that is the result of an otherwise MPET covered insulation blankets with written data, views, or arguments as harmless electrical arc and could lead to certain metallized Tedlar or equivalent they may desire. Communications shall a much larger fire. identify the Rules Docket number and The subject insulation blankets on blanket material, which meet the be submitted in triplicate to the address certain McDonnell Douglas Model MD– current FAA flammability standards specified above. All communications 90–30 and DC–10 series airplanes, and (i.e., Bunsen burner test). However, this received on or before the closing date Model MD–88 airplanes are identical to proposed AD requires replacement with for comments, specified above, will be those on the affected Model DC–9–80 insulation blankets that are constructed considered before taking action on the and MD–11 series airplanes. Therefore, of materials tested in accordance with proposed rule. The proposals contained all of these airplanes may be subject to Standard Test Method American Society in this notice may be changed in light the same unsafe condition. The FAA is for Testing and Materials (ASTM) E648 of the comments received. issuing a separate rulemaking action and approved by the FAA. The FAA Comments are specifically invited on [notice of proposed rulemaking (NPRM), finds that the current flammability the overall regulatory, economic, Rules Docket No. 99–NM–162–AD] to standards are not able to distinguish environmental, and energy aspects of address McDonnell Douglas Model DC– between different types of insulation the proposed rule. All comments 10 and MD–11 series airplanes. covering material in their flame spread submitted will be available, both before properties from small ignition sources. and after the closing date for comments, Other Relevant Investigations and ASTM E648 provides a test that will in the Rules Docket for examination by Rulemaking differentiate flame spread properties of interested persons. A report The FAA is continuing to investigate different metallized Tedlars. Only one summarizing each FAA-public contact various wiring problems on McDonnell of the two insulation blanket film concerned with the substance of this Douglas Model DC–9–80, MD–90–30, materials specified in the service proposal will be filed in the Rules DC–10, and MD–11 series airplanes, and bulletins has successfully passed the Docket. Model MD–88 airplanes. The FAA may testing of the ASTM flammability Commenters wishing the FAA to consider additional rulemaking actions standard and has been found to be an acknowledge receipt of their comments to address any identified unsafe acceptable replacement material for the submitted in response to this notice condition. The FAA will take into MPET covered insulation blankets. must submit a self-addressed, stamped account the impact of those actions on Other film material, such as certain postcard on which the following U.S. operators to minimize the polyimide and fluoropolymer statement is made: ‘‘Comments to duplication of aircraft downtime composites, also have been successfully Docket Number 99–NM–161–AD.’’ The associated with accomplishing the tested to ASTM E648 and could be postcard will be date stamped and actions of this proposed AD. found to be acceptable for compliance returned to the commenter. with the requirements of this proposed Explanation of Relevant Service AD if presented to the FAA for Availability of NPRMs Information approval. These materials are not listed Any person may obtain a copy of this The FAA has reviewed and approved in the service bulletins described NPRM by submitting a request to the McDonnell Douglas Service Bulletin previously.

VerDate 18-JUN-99 08:59 Aug 11, 1999 Jkt 183247 PO 00000 Frm 00025 Fmt 4702 Sfmt 4702 E:\FR\FM\A12AU2.035 pfrm07 PsN: 12AUP1 43968 Federal Register / Vol. 64, No. 155 / Thursday, August 12, 1999 / Proposed Rules

Operators should note that this ‘‘DMS 2072, Type 2, Class 1, Grade A’’ films that weigh no more than the proposed AD would require or ‘‘DMS 1996, Type 1’’ are constructed materials they would replace. The FAA replacement of MPET insulation of MPET. On some blankets, because of has identified three categories of costs blankets within 4 years after the their age or wear, it may not be possible associated with the retrofit: (1) Material effective date of this AD. The service to identify these stamps. Boeing is costs of the blankets; (2) labor costs to bulletins recommend that this action currently developing instructions for remove existing blankets, install new should be accomplished ‘‘at the earliest how to determine whether such blankets, and reinstall wiring, panels, practical maintenance period.’’ blankets are constructed of MPET. floors, and other items; and (3) net lost Maintenance periods vary between These instructions, if approved, may be revenues, or out of service costs. Over operators and may involve maintenance referenced as additional service the four-year compliance period, on an entire airplane or only portions of information in any final rule resulting material costs would be $17.2 million, an airplane. As a result, in developing from this rulemaking. In addition, if labor costs would be $214.1 million, an appropriate compliance time for this additional airplane models and net lost revenues would be $13.3 and other proposed AD’s, the FAA must manufactured with MPET insulation million. Total costs would be $244.6 adopt a time period that will apply to blankets are identified, the FAA may million, or $207.0 million discounted to all operators and airplanes. In consider additional rulemaking actions present value at seven percent. establishing a compliance time for this to address the identified unsafe The Regulatory Flexibility Act (RFA) proposed AD, the FAA balanced the condition. of 1980 establishes ‘‘as a principle of regulatory issuance that agencies shall urgency associated with addressing the Regulatory Evaluation Summary subject unsafe condition against the endeavor, consistent with the objective need to ensure that operators are The regulations proposed herein of the rule and of applicable statutes, to provided sufficient time to perform a would not have substantial direct effects fit regulatory and informational safe replacement of the insulation. on the States, on the relationship requirements to the sale of the business, Because of the close proximity of the between the national government and organizations, and governmental insulation to wiring and other fixtures the States, or on the distribution of jurisdictions subject to regulation. To of various critical airplane systems, it is power and responsibilities among the achieve that principle, the RFA requires imperative that operators be given the various levels of government. Therefore, agencies to solicit and consider flexible necessary time to ensure safe in accordance with Executive Order regulatory proposals and to explain the 12612, it is determined that this replacement. Therefore, the FAA has rationale for their actions. The RFA proposal would not have sufficient determined that a 4-year compliance covers a wide-range of small entities, federalism implications to warrant the time is appropriate in that it allows the including small businesses, not-for- preparation of a Federalism Assessment. profit organizations, and small proposed replacement to be The FAA conducted a Preliminary accomplished within an interval of time governmental jurisdictions. Cost Analysis and Initial Regulatory Agencies must perform a review to that encompasses normal scheduled Flexibility Analysis to determine the determine whether a proposed or final maintenance for the majority of affected regulatory impacts of this and one other rule will have a significant economic operators, thereby, allowing safe proposed AD to operators of all 699 impact on a substantial number of small replacement. In order to meet the U.S.-registered McDonnell Douglas entities. If the determination is that it deadline, the FAA expects early airplanes that have thermal/acoustical will, the Agency must prepare a planning and anticipates that operators insulation blankets covered with a film regulatory flexibility analysis as will have to take advantage of every of MPET. This analysis is included in described in the RFA. heavy maintenance opportunity. the Rules Docket No.’s 99–NM–161–AD However, if an agency determines that Operators also should note that the and 99–NM–162–AD. The FAA has a proposed or final rule is not expected effectivity listing of the referenced determined that 612 Model DC–9–80 to have a significant economic impact service bulletins differs from the series airplanes and 22 Model MD–90– on a substantial number of small applicability of the proposed AD. The 30 series airplanes operated by 16 entities, section 605(b) of the RFA applicability of the proposed AD affects entities would be affected by this provides that the head of the agency airplanes manufactured with MPET proposed AD. Thirteen of these entities may so certify and a regulatory insulation blankets. The effectivity operate N-registered Model DC–9–80 flexibility analysis is not required. The listing of the service bulletins not only series airplanes, three entities operate certification must include a statement includes airplanes manufactured with Model MD–90–30 series airplanes, and providing the factual basis for this MPET insulation blankets, but airplanes two entities operate both Model DC–9– determination, and the reasoning should equipped with other materials that are 80 series airplanes and Model MD–90– be clear. much more difficult to ignite than 30 series airplanes. Three of the operators affected by the MPET (as discussed previously). The The Preliminary Cost Analysis and proposed AD are considered small, that FAA has determined that only airplanes Initial Regulatory Flexibility Analysis, is, they employ fewer than 1,500 people. manufactured with MPET insulation completed by the FAA and included in One of these operators is a private blankets are subject to the identified this Rules Docket, estimates that the corporation and the FAA is unable to unsafe condition. Therefore, paragraph affected airplanes could be retrofitted ascertain any financial information (a) of the proposed AD would require with thermal/acoustic insulation about it. The other two entities have that a determination be made of blankets covered with film that exhibit revenues in excess of $100 million. Two whether, and at what locations, MPET no flame propagation when tested in entities are not considered a substantial insulation blankets are installed, and accordance with the requirements of number of small entities by Small the proposal would require corrective ASTM E648 or FAA-approved Business Administration criteria. action only with respect to those equivalent. Testing conducted by the Pursuant to the RFA, 5 U.S.C. 605(b), blankets. The proposal would require FAA indicates that there are films that the FAA certifies that this proposed AD that this determination be made in a are currently in use that meet the test would not have a significant economic manner approved by the manager of the standard required by this proposed AD. impact on a substantial number of small LAACO. Blankets that are stamped with These include certain polyvinylfluoride entities.

VerDate 18-JUN-99 08:59 Aug 11, 1999 Jkt 183247 PO 00000 Frm 00026 Fmt 4702 Sfmt 4702 E:\FR\FM\A12AU2.036 pfrm07 PsN: 12AUP1 Federal Register / Vol. 64, No. 155 / Thursday, August 12, 1999 / Proposed Rules 43969

The provisions of this proposed AD § 39.13 [Amended] and Materials (ASTM) E648 and approved by the Manager, Los Angeles ACO. would have little or no impact on trade 2. Section 39.13 is amended by for U.S. firms doing business in foreign Note 3: Although this paragraph allows up adding the following new airworthiness to 4 years for the required replacement, the countries and foreign firms doing directive: business in the United States. FAA anticipates that operators will comply at Title II of the Unfunded Mandates McDonnell Douglas: Docket 99–NM–161– the earliest practicable maintenance Reform Act of 1995 (the Act), enacted as AD. opportunity. Pub. L. 104–4 on March 22, 1995, Applicability: Model DC–9–81 (MD–81), Note 4: Only one of the two metallized DC–9–82 (MD–82), DC–9–83 (MD–83), DC– requires each Federal agency, to the Tedlar covers specified in the service 9–87 (MD–87) series airplanes; Model MD– bulletins has been shown to have extent permitted by law, to prepare a 90–30 series airplanes; and MD–88 airplanes; successfully passed the testing of the ASTM written assessment of the effects of any manufacturer’s fuselage numbers 1011 flammability standard and is considered Federal mandate in a proposed or final through 2241 inclusive; certificated in any acceptable for compliance with the agency rule that may result in the category. requirements of paragraph (c) of this AD. expenditure by State, local, and tribal Note 1: This AD applies to each airplane Spares governments, in the aggregate, or by the identified in the preceding applicability private sector, of $100 million or more provision, regardless of whether it has been (d) As of the effective date of this AD, no (adjusted annually for inflation) in any modified, altered, or repaired in the area person shall install an MPET insulation blanket on any airplane. one year. Section 204(a) of the Act, 2 subject to the requirements of this AD. For U.S.C. 1534(a), requires the Federal airplanes that have been modified, altered, or Alternative Methods of Compliance repaired so that the performance of the agency to develop an effective process requirements of this AD is affected, the (e) An alternative method of compliance or to permit timely input by elected owner/operator must request approval for an adjustment of the compliance time that officers (or their designees) of State, alternative method of compliance in provides an acceptable level of safety may be local, and tribal governments on a accordance with paragraph (e) of this AD. used if approved by the Manager, Los proposed ‘‘significant intergovernmental The request should include an assessment of Angeles ACO. Operators shall submit their mandate.’’ A ‘‘significant the effect of the modification, alteration, or requests through an appropriate FAA Principal Maintenance Inspector, who may intergovernmental mandate’’ under the repair on the unsafe condition addressed by this AD; and, if the unsafe condition has not add comments and then send it to the Act is any provision in a Federal agency Manager, Los Angeles ACO. regulation that would impose an been eliminated, the request should include specific proposed actions to address it. Note 5: Information concerning the enforceable duty upon State, local, and existence of approved alternative methods of tribal governments, in the aggregate, of Compliance: Required as indicated, unless accomplished previously. compliance with this AD, if any, may be $100 million (adjusted annually for To ensure that insulation blankets obtained from the Los Angeles ACO. inflation) in any one year. Section 203 constructed of metallized Special Flight Permits of the Act, 2 U.S.C. 1533, which polyethyleneteraphthalate (MPET) are supplements section 204(a), provides removed from the fuselage, accomplish the (f) Special flight permits may be issued in that before establishing any regulatory following: accordance with sections 21.197 and 21.199 of the Federal Aviation Regulations (14 CFR requirements that might significantly or Inspection 21.197 and 21.199) to operate the airplane to uniquely affect small governments, the a location where the requirements of this AD agency shall have developed a plan that, (a) Within 4 years after the effective date of this AD, determine whether, and at what can be accomplished. among other things, provides for notice locations, insulation blankets constructed of Issued in Renton, Washington, on August to potentially affected small MPET are installed. This determination shall 9, 1999. governments, if any, and for a be made in a manner approved by the D. L. Riggin, meaningful and timely opportunity to Manager, Los Angeles Aircraft Certification Acting Manager, Transport Airplane provide input in the development of Office (ACO), FAA, Transport Airplane Directorate, Aircraft Certification Service. Directorate. regulatory proposals. [FR Doc. 99–20940 Filed 8–11–99; 8:45 am] This proposed AD does not contain Note 2: Insulation blankets that are any Federal intergovernmental or stamped with ‘‘DMS 2072, Type 2, Class 1, BILLING CODE 4910±13±P private sector mandate. Therefore, the Grade A’’ or ‘‘DMS 1996, Type 1’’ are requirements of Title II of the Unfunded constructed of MPET. DEPARTMENT OF THE TREASURY Mandates Reform Act of 1995 do not Corrective Actions apply. (b) For insulation blankets that are Internal Revenue Service List of Subjects in 14 CFR Part 39 determined not to be constructed of MPET, no further action is required by this AD. 26 CFR Part 1 Air transportation, Aircraft, Aviation (c) For insulation blankets that are safety, Safety. determined to be constructed of MPET, [REG±105237±99] within 4 years after the effective date of this RIN 1545±AX19 The Proposed Amendment AD, replace the MPET insulation blankets Accordingly, pursuant to the with new insulation blankets. The Furnishing Identifying Number of authority delegated to me by the replacement procedures shall be done in Income Tax Return Preparer Administrator, the Federal Aviation accordance with the Accomplishment Administration proposes to amend part Instructions of McDonnell Douglas Service AGENCY: Internal Revenue Service (IRS), 39 of the Federal Aviation Regulations Bulletin MD–90–25–015, Revision 01, dated Treasury. November 5, 1997 (for Model MD–90–30 ACTION: (14 CFR part 39) as follows: series airplanes); or McDonnell Douglas Notice of proposed rulemaking Service Bulletin MD80–25–355, Revision 01, by cross-reference to temporary PART 39ÐAIRWORTHINESS dated November 5, 1997 (for Model DC–9–80 regulations. DIRECTIVES series airplanes and Model MD–88 SUMMARY: The IRS is proposing 1. The authority citation for part 39 airplanes); as applicable. The replacement insulation blankets must be constructed of regulations that allow income tax return continues to read as follows: materials tested in accordance with Standard preparers to elect an alternative to their Authority: 49 U.S.C. 106(g), 40113, 44701. Test Method American Society for Testing social security number (SSN) for

VerDate 18-JUN-99 08:59 Aug 11, 1999 Jkt 183247 PO 00000 Frm 00027 Fmt 4702 Sfmt 4702 E:\FR\FM\A12AU2.037 pfrm07 PsN: 12AUP1 43970 Federal Register / Vol. 64, No. 155 / Thursday, August 12, 1999 / Proposed Rules purposes of identifying themselves on of information on small entities, the 2T(d) published elsewhere in this issue returns they prepare. The text of the Regulatory Flexibility Act (5 U.S.C. of the Federal Register]. temporary regulations published in the chapter 6) does not apply. Pursuant to Robert E. Wenzel, Rules and Regulations section of this section 7805(f) of the Internal Revenue Deputy Commissioner of Internal Revenue. issue of the Federal Register also serves Code, this notice of proposed [FR Doc. 99–20486 Filed 8–11–99; 8:45 am] as the text of these proposed rulemaking will be submitted to the BILLING CODE 4830±01±P regulations. The regulations affect Chief Counsel for Advocacy of the Small individual preparers who elect to Business Administration for comment identify themselves using a number on its impact on small business. other than their SSN. ENVIRONMENTAL PROTECTION Comments and Requests for a Public AGENCY DATES: Written or electronically Hearing generated comments and requests for a 40 CFR Part 300 public hearing must be received by Before these proposed regulations are November 9, 1999. adopted as final regulations, [FRL±6417±3] ADDRESSES: Send submissions to: consideration will be given to written CC:DOM:CORP:R (REG–105237–99), comments (a signed original and eight National Oil and Hazardous room 5226, Internal Revenue Service, (8) copies) and electronic comments that Substances Pollution Contingency POB 7604, Ben Franklin Station, are submitted timely to the IRS. The IRS Plan; National Priorities List Washington, DC 20044. Submissions and Treasury Department specifically may be hand delivered Monday through request comments on the clarity of the AGENCY: Environmental Protection Friday between the hours of 8 a.m. and proposed regulations and how they can Agency. 5 p.m. to: CC:DOM:CORP:R (REG– be made easier to understand. All ACTION: Notice of intent to delete the 105237–99), Courier’s Desk, Internal comments will be available for public Anchor Chemicals Superfund Site from Revenue Service, 1111 Constitution inspection and copying. A public the National Priorities List; request for Avenue, NW., Washington, DC. hearing may be scheduled if requested comments. Alternatively, taxpayers may submit by any person who timely submits SUMMARY: The United States comments electronically via the Internet comments. If a public hearing is Environmental Protection Agency by selecting the ‘‘Tax Regs’’ option on scheduled, notice of the date, time, and (EPA), Region 2, announces its intent to the IRS Home Page, or by submitting place for the hearing will be published delete the Anchor Chemicals Superfund comments directly to the IRS Internet in the Federal Register. Site (Site) from the National Priorities site at http://www.irs.ustreas.gov/tax l Drafting Information List (NPL) and requests public comment regs/regslist.html. on this action. The NPL constitutes FOR FURTHER INFORMATION CONTACT: The principal author of these regulations is Andrew J. Keyso, Office of appendix B of 40 CFR part 300 which Concerning the regulations, Andrew J. is the National Oil & Hazardous Keyso, (202) 622–4910; concerning Assistant Chief Counsel (Income Tax & Accounting). However, other personnel Substances Pollution Contingency Plan submissions, Michael Slaughter, (202) (NCP), which EPA promulgated 622–7180 (not toll-free numbers). from the IRS and Treasury Department participated in their development. pursuant to section 105 of the SUPPLEMENTARY INFORMATION: Comprehensive Environmental Background List of Subjects in 26 CFR Part 1 Response, Compensation, and Liability Act of 1980 (CERCLA), as amended. Income taxes, Reporting and Temporary regulations in the Rules EPA and the New York State recordkeeping requirements. and Regulations section of this issue of Department of Environmental the Federal Register amend the Income Proposed Amendments to the Conservation (NYSDEC) have Tax Regulations (26 CFR part 1) relating Regulations determined that all appropriate to section 6109. The temporary response actions have been completed regulations provide that an income tax Accordingly, 26 CFR part 1 is and no further action by the responsible return preparer who is an individual proposed to be amended as follows: parties is appropriate under CERCLA. In may furnish either a social security PART 1ÐINCOME TAXES addition, EPA and NYSDEC have number or an alternative identifying determined that response activities number to satisfy the requirements of conducted to date at the Site have been section 6109(a)(4). The text of those Paragraph 1. The authority citation for part 1 continues to read in part as protective of public health, welfare, and regulations also serves as the text of the environment. these proposed regulations. The follows: preamble to the temporary regulations Authority: 26 U.S.C. 7805 * * * DATES: Comments concerning the explains the temporary regulations and deletion of the Site from the NPL may Par. 2. Section 1.6109–2 is amended these proposed regulations. be submitted on or before September 13, by revising paragraphs (a) and (d) to 1999. Special Analyses read as follows: ADDRESSES: Comments should be It has been determined that this notice § 1.6109±2 Furnishing identifying number submitted to: Thomas Taccone, of proposed rulemaking is not a of income tax return preparer. Remedial Project Manager, U.S. significant regulatory action as defined Environmental Protection Agency, in Executive Order 12866. Therefore, a (a) [The text of proposed paragraph (a) Region 2, 290 Broadway, 20th Floor, regulatory assessment is not required. It is the same as the text of § 1.6109–2T(a) New York, New York 10007–1866. also has been determined that section published elsewhere in this issue of the Comprehensive information on the 553(b) of the Administrative Procedure Federal Register]. Site is contained at: U.S. Environmental Act (5 U.S.C. chapter 5) does not apply * * * * * Protection Agency, Region 2, Superfund to these regulations, and because these (d) [The text of proposed paragraph Records Center 290 Broadway, Room regulations do not impose a collection (d) is the same as the text of § 1.6109– 1828, New York, New York 10007–1866,

VerDate 18-JUN-99 08:59 Aug 11, 1999 Jkt 183247 PO 00000 Frm 00028 Fmt 4702 Sfmt 4703 E:\FR\FM\A12AU2.001 pfrm07 PsN: 12AUP1 Federal Register / Vol. 64, No. 155 / Thursday, August 12, 1999 / Proposed Rules 43971

(212) 637–4308, Hours: Mon.–Fri. whether any of the following criteria has deletion in the next final update. Public 9:00am—5:00 pm. been met: notices and copies of the Information on the Site is also (i) Responsible parties or other Responsiveness Summary, if any, will available for viewing at the Site persons have implemented all be made available to local residents by Administrative Record Repository appropriate response actions required; EPA Region 2. or located at: Hicksville Library, IV. Basis for Intended Site Deletion Community Room, 169 Jerusalem (ii) All appropriate Fund-financed Avenue, Hicksville, L.I. 11801, Tel. responses under CERCLA have been The following summary provides a (516) 931–1417, Hours: Mon.√Thurs. implemented, and no further response brief description and history of the 9:00 am–9:00 pm or Fri.–Sat. 9:00 am– action by responsible parties is Anchor Chemicals Superfund Site and 5:00 pm. appropriate; or the Agency’s rationale for (iii) A remedial investigation has recommending deletion of the Site, in FOR FURTHER INFORMATION CONTACT: Mr. shown that the release poses no the Town of Oyster Bay, Nassau County, Thomas Taccone at the address above or significant threat to public health or to New York, from the NPL. by telephone at (212) 637–4281 or by the environment and, therefore, taking The Site is approximately 1.5 acres in electronic mail at remedial measures is not appropriate. size and includes one 28,850 square ‘‘[email protected].’’ foot, two-story building. Most of the Site SUPPLEMENTARY INFORMATION: III. Deletion Procedures is paved with asphalt. The KoBar The NCP provides that EPA shall not Company purchased the Site on Table of Contents delete a site from the NPL until the State September 30, 1964, and in the same I. Introduction in which the release was located has year constructed the building for the II. NPL Deletion Criteria concurred, and the public has been Anchor Chemical Corporation. Before III. Deletion Procedures the building was constructed, the Site IV. Basis for Intended Site Deletion afforded an opportunity to comment on the proposed deletion. Deletion of a site property was used for agricultural I. Introduction from the NPL does not affect responsible purposes. From 1964 to 1978, Anchor Chemical EPA Region 2 announces its intent to party liability or impede Agency efforts to recover costs associated with manufactured, blended and stored delete the Anchor Chemicals Superfund chemicals for the graphic arts industry. Site (the Site) from the National response efforts. The NPL is designed primarily for information purposes and Seventeen underground storage tanks Priorities List (NPL) and requests public (USTs), which ranged in size from 500 comment on this deletion. The NPL is to assist Agency management. EPA Region 2 will accept and to 4,000 gallons, were used by the appendix B to the National Oil & company at the Site to store chemicals Hazardous Substances Pollution evaluate public comments before making a final decision to delete the and solvents, such as acetone, 1,1,1- Contingency Plan (NCP), which EPA trichloroethane (1,1,1-TCA), methylene promulgated pursuant to section 105 of Site. The following procedures were used for the intended deletion of the chloride, 2-butoxyethanol and isopropyl CERCLA, as amended, 42 U.S.C. 9601 et alcohol. The chemicals were also stored seq. EPA identifies sites that appear to Site: 1. EPA Region 2 issued a Record of in seven aboveground tanks which were present a significant risk to public Decision for the Site in September 1995, removed from the Site in 1985. The health, welfare, or the environment and which stated that no remedial action tanks ranged in size from 550 to 1,500 maintains the NPL as the list of those was necessary, since the Site did not gallons. sites. Sites on the NPL may be the pose an unacceptable threat to human In addition, there are nine dry wells subject of remedial actions financed by health and the environment. and one drain on-Site. The dry wells the Hazardous Substances Superfund 2. EPA has recommended deletion. and drain were installed to collect Response Trust Fund (the Fund). 3. The NYSDEC concurred with the rainwater runoff and drainage from the Pursuant to § 300.425(e)(3) of the NCP, deletion decision in a letter dated July building. Liquid which collects in the any site deleted from the NPL remains 7, 1999. dry wells infiltrates into the soil. None eligible for Fund-financed remedial 4. Concurrent with this Notice of of the dry wells are connected to a actions, if conditions at the site warrant Intent to Delete, a notice has been sewer. such action. published in a local newspaper and has In 1977, the Nassau County Health EPA will accept comments been distributed to appropriate federal, Department (NCHD) discovered 1,1,1- concerning the deletion of the Site from state and local officials, and other TCA, trichloroethene (TCE) and the NPL for 30 days after publication of interested parties. tetrachloroethene (PCE) in liquid this document in the Federal Register. 5. EPA has made available the samples near the dry wells. In Section II of this document explains relevant documents to this decision at subsequent testing of 14 of the 17 USTs, the criteria for deleting sites from the the addresses listed above. six tanks failed air-over-product tank NPL. Section III discusses procedures The comments received during the tightness tests, indicating that the tanks that EPA is using for this action. Section comment period will be evaluated had the potential to leak. Five tanks IV discusses how the Site meets the NPL before any final decision is made. EPA were decommissioned in 1983; the deletion criteria. Region 2 will prepare a Responsiveness remaining twelve were decommissioned Summary, if necessary, which will II. NPL Deletion Criteria in 1991. In 1982, the NCDH requested address any significant comments Anchor/Lith Kem-Ko, the operators, to The NCP establishes the criteria that received during the public comment investigate the possibility of the Agency uses to delete sites from the period. groundwater and soil contamination at NPL. In accordance with 40 CFR If, after consideration of the the Site. 300.425 (e)(1)(i)–(iii), sites may be comments it receives, EPA decides to Three groundwater monitoring wells deleted from the NPL where no further proceed with the deletion, the EPA were installed in September 1982. response is appropriate. In making this Regional Administrator will place a Groundwater samples taken from the determination, EPA, in consultation Notice of Deletion in the Federal wells contained elevated levels of 1,1,1- with the NYSDEC, will consider Register. The NPL will reflect this TCA, PCE, dichloroethane,

VerDate 18-JUN-99 08:59 Aug 11, 1999 Jkt 183247 PO 00000 Frm 00029 Fmt 4702 Sfmt 4702 E:\FR\FM\A12AU2.027 pfrm07 PsN: 12AUP1 43972 Federal Register / Vol. 64, No. 155 / Thursday, August 12, 1999 / Proposed Rules chlorodibromo-methane, methylene The responsible parties have DATES: Persons interested in submitting chloride and TCE. Soil samples, taken completed all necessary response written comments on this notice must during the well installations, revealed actions at the Site. EPA, in consultation do so by October 12, 1999. Late filed the presence of methylene chloride and with NYSDEC, has determined that the comments will be considered so far as 1,1,1-TCA. On June 10, 1986, the Site Anchor Chemicals Superfund Site does practicable. was placed on the National Priorities not pose a significant threat to human ADDRESSES: You may submit written List. health or the environment. No further comments by mailing or delivering an On June 2, 1989, EPA issued an Site remediation is necessary. original and two copies to the Dockets Administrative Order on Consent to the Because all of the necessary response Facility, U.S. Department of K.B. Company, the owner of the actions have been competed at the Site, Transportation, Room PL–401, 400 property and successor to Kobar, to and since the Site does not pose an Seventh Street, SW, Washington, DC undertake a remedial investigation/ unacceptable risk to human health and 20590–0001. The Dockets Facility is feasibility study (RI/FS) to determine the environment, EPA has also open from 10:00 a.m. to 5:00 p.m., the nature and extent of contamination determined that the five-year review Monday through Friday, except on at the Site and to evaluate options for requirement of section 121(c) of Federal holidays when the facility is cleanup. Field work was completed in CERCLA, as amended, is not applicable. closed. Or you may submit written February 1995 and an RI report was Dated: July 27, 1999. comments to the docket electronically. submitted to EPA in March 1995. The Herb Barrack, To do so, log on to the following report revealed a significant decrease in Internet Web address: http:// the concentration of the contaminants in Acting Regional Administrator, Region 2. [FR Doc. 99–20550 Filed 8–11–99; 8:45 am] dms.dot.gov. Click on ‘‘Help & the groundwater and soil from those Information’’ for instructions on how to BILLING CODE 6560±50±P levels observed in the early 1980s. In file a document electronically. All addition, the risk assessment written comments should identify the determined that the Site did not pose an docket and notice numbers stated in the unacceptable risk to human health and DEPARTMENT OF TRANSPORTATION heading of this notice. Anyone who the environment. EPA published these wants confirmation of mailed comments findings in a Record of Decision (ROD) Research and Special Programs must include a self-addressed stamped on September 29, 1995. Administration The ROD stated that the risks posed postcard. by the Site contamination are within the 49 CFR Part 190 FOR FURTHER INFORMATION CONTACT: acceptable risk range, but noted that [Docket No. RSPA±98±4284; Notice 1] Linda Daugherty at (202) 366–4577 or four dry wells on Site were found to be [email protected]. contaminated with chromium, lead, RIN 2137±AD22 Comments may be read on the internet 1,1,1-TCA and other volatile at http://dms.dot.gov. General Pipeline Safety Enforcement information about RSPA’s pipeline compounds. Groundwater samples from Procedures several monitoring wells on Site also safety program can be obtained at http:/ showed concentrations of chromium AGENCY: Research and Special Programs /ops.dot.gov. and 1,1,1-TCA above Maximum Administration (RSPA), DOT. SUPPLEMENTARY INFORMATION: Contaminant Levels. On September 29 ACTION : Notice of proposed rulemaking. Response Options and 30, 1995, a removal action was performed at the Site. The action SUMMARY: We are proposing to revise Under the pipeline safety enforcement consisted of the removal and off-Site our pipeline safety enforcement procedures in 49 CFR Part 190, in disposal of contaminated soils and procedures concerning alleged responding to an NOPV (§ 190.207), a sediments from the dry wells to prevent violations for which persons agree to person may decide not to contest an further groundwater contamination. The proposed compliance orders or pay alleged violation. To do so, the person, excavated materials were disposed of in proposed civil penalties without or ‘‘respondent,’’ either pays a proposed accordance with Resource Conservation contesting the allegations. At present, if civil penalty (§ 190.209(a)(1)) or agrees and Recovery Act (RCRA) requirements. a person responds to a notice of to a proposed compliance order The completion of the removal action probable violation (NOPV) by paying a (§ 190.209(b)(1)), or both when was documented in a Removal Action civil penalty proposed for an alleged applicable. Report, dated May 1996, by the violation, we consider the allegation If a proposed civil penalty is paid, we responsible parties. The ROD stated that uncontested and find that the person then ‘‘close the case with prejudice to no additional action was necessary at committed the violation. The violation the respondent,’’ as § 190.209(a)(1) the Site upon completion of the removal then counts as a prior offense in provides. Such closure means that we action. EPA formally acknowledged determining the amount of any future consider the alleged violation to have completion of the action in a civil penalty assessment against that been committed by the respondent, and Preliminary Closeout Report for the Site person. We are proposing to adopt that we will treat the violation as a on September 30, 1996. Results from identical procedures for NOPV ‘‘prior offense’’ under § 190.225(c) in two rounds of groundwater samples, responses that agree to proposed determining the amount of any future which were collected in April 1996 and compliance orders without contesting assessment against the respondent (see July 1997, confirmed the effectiveness of the alleged violations. Further, we are 53 FR 1634; Jan. 21, 1988). the removal action and that the Site proposing to stop preparing final orders In contrast, the procedures do not does not pose an unacceptable risk to for alleged violations for which persons provide for a similar closure when a human health and the environment. A agree to proposed compliance orders or person agrees to a proposed compliance Final Close Out Report was not pay proposed civil penalties without order without contesting the alleged prepared by EPA, since completion of contesting the allegations. The proposed violation. This inconsistency may be all response actions for the Site has been rule changes would unify and confusing when an NOPV proposes both documented in the ROD and in the streamline the handling of uncontested a civil penalty and a compliance order Preliminary Closeout Report. alleged violations in enforcement cases. for the same alleged violation.

VerDate 18-JUN-99 08:59 Aug 11, 1999 Jkt 183247 PO 00000 Frm 00030 Fmt 4702 Sfmt 4702 E:\FR\FM\A12AU2.028 pfrm07 PsN: 12AUP1 Federal Register / Vol. 64, No. 155 / Thursday, August 12, 1999 / Proposed Rules 43973

Therefore, we are proposing to revise Order,’’ if an operator did not comply alternative that achieves the objective of § 190.209 to treat uncontested responses with the terms of an agreed to the rule. involving civil penalty payments and compliance order, RSPA could enforce F. Executive Order 12612 compliance order agreements alike. The the agreement by assessing civil separate lists of response options now penalties or by obtaining a court This action would not have stated in § 190.209(a) and § 190.209(b) injunction. substantial direct effects on states, on would be combined in proposed the relationship between the Federal Regulatory Analyses and Notices § 190.209(a). Proposed § 190.209(a)(1) Government and the states, or on the would clarify that by paying a proposed A. Executive Order 12866 and DOT distribution of power and civil penalty or agreeing to a proposed Policies and Procedures responsibilities among the various compliance order, the respondent elects The Office of Management and Budget levels of Government. Therefore, in not to contest the underlying alleged (OMB) does not consider this proposed accordance with Executive Order 12612 violation. The phrase ‘‘close the case rulemaking to be a significant regulatory (52 FR 41685; October 30, 1987), RSPA with prejudice to the respondent’’ action under Section 3(f) of Executive has determined that the final rule does would be replaced by a fuller Order 12866 (58 FR 51735; October 4, not have sufficient federalism explanation, under proposed 1993). Therefore, OMB has not reviewed implications to warrant preparation of a § 190.209(b), of the consequences of this rulemaking document. DOT does Federalism Assessment. paying a proposed civil penalty or not consider this proposed rulemaking agreeing to a proposed compliance order G. Impact on Business Processes and significant under its regulatory policies Computer Systems without contesting the underlying and procedures (44 FR 11034; February alleged violation. 26, 1979). Because the proposed Many computers that use two digits to A separate option under present rulemaking should enhance keep track of dates will, on January 1, § 190.209(b) to request execution of a governmental efficiency without cost to 2000, recognize ‘‘double zero’’ not as consent order would be removed as the regulated industry, a further 2000 but as 1900. This glitch, the Year unnecessary. Under § 192.219, a regulatory evaluation is not warranted. 2000 problem, could cause computers to respondent may request execution of a stop running or to start generating consent order at any time before B. Regulatory Flexibility Act erroneous data. The Year 2000 problem issuance of a compliance order. And a The proposed rule changes would not poses a threat to the global economy in consent order may be requested in impose additional requirements on which Americans live and work. With connection with any response that pipeline operators, including small the help of the President’s Council on contests an alleged violation. entities that operate regulated pipelines. Year 2000 Conversion, Federal agencies The present paragraph (c) in § 190.209 Based on the facts available about the are reaching out to increase awareness is published incorrectly as the third anticipated impact of this proposed of the problem and to offer support. We item in a list instead of as an rulemaking, I certify, pursuant to do not want to impose new independent paragraph. This paragraph Section 605 of the Regulatory Flexibility requirements that would mandate also references a previously deleted Act (5 U.S.C. 605), that this proposed business process changes when the paragraph (c). So we are proposing to rulemaking would not have a significant resources necessary to implement those revise the paragraph structure of economic impact on a substantial requirements would otherwise be § 190.209 for clarity and to omit the number of small entities. applied to the Year 2000 Problem. obsolete reference in paragraph (c). This notice of proposed rulemaking C. Executive Order 13084 Final Order does not propose business process The proposed rules have been changes or require modifications to Under § 190.213, we now prepare a analyzed in accordance with the computer systems. Because this notice final order in every enforcement case. principles and criteria contained in apparently does not affect the ability of Each order addresses each alleged Executive Order 13084, ‘‘Consultation organizations to respond to the Year violation in the case. Based on the and Coordination with Indian Tribal 2000 problem, we do not intend to delay evidence presented, the order states our Governments.’’ Because the proposed the effectiveness of the rule changes findings on whether a violation has rules would not significantly or proposed in this notice. been committed as alleged, and if a uniquely affect the Indian tribal sanction is to be imposed, states the governments, the funding and List of Subjects in 49 CFR Part 190 amount of the civil penalty or terms of consultation requirements of Executive Enforcement procedures, Penalty, the compliance order. Order 13084 do not apply. Pipeline safety. For alleged violations a respondent decides not to contest by paying a D. Paperwork Reduction Act In consideration of the foregoing, we propose to amend 49 CFR part 190 as proposed civil penalty or agreeing to a This proposed rulemaking contains follows: proposed compliance order, or both, we no information collection that is subject 1. The authority citation for Part 190 believe preparation of a separate to review by OMB under the Paperwork continues to read as follows: document called a final order is a Reduction Act of 1995. redundant administrative step. Authority: 33 U.S.C. 1321; 49 U.S.C. 5101– Proposed § 190.209(b)(3) would E. Unfunded Mandates Reform Act of 5127, 60101 et seq.; Sec. 212–213, Pub. L. eliminate the unnecessary paperwork of 1995 104–121, 110 Stat. 857; 49 CFR 1.53. preparing a final order for alleged This proposed rulemaking would not 2. Section 190.209 would be revised violations a respondent decides not to impose unfunded mandates under the to read as follows: contest by paying a proposed civil Unfunded Mandates Reform Act of penalty or agreeing to a proposed 1995. It would not result in costs of § 190.209 Response options. compliance order, or both. A $100 million or more to either State, (a) Within 30 days of receipt of a conforming change to § 190.213(a) also local, or tribal governments, in the notice of probable violation, the would be made. Despite the lack of a aggregate, or to the private sector, and respondent shall respond to the separate document called ‘‘Final would be the least burdensome allegations of violation and proposed

VerDate 18-JUN-99 08:59 Aug 11, 1999 Jkt 183247 PO 00000 Frm 00031 Fmt 4702 Sfmt 4702 E:\FR\FM\A12AU2.002 pfrm07 PsN: 12AUP1 43974 Federal Register / Vol. 64, No. 155 / Thursday, August 12, 1999 / Proposed Rules sanctions in the following way to the (2) The proposed civil penalty 3. Section 190.213(a) is revised to Regional Director who issued the notice: applicable to the violation is assessed, read as follows: or the terms of the proposed compliance (1) Elect not to contest an allegation § 190.213 Final order. by paying the proposed civil penalty or order applicable to the violation are agreeing to the proposed compliance imposed, without further action; and (a) Except with respect to violations order applicable to the allegation; (3) The finding of violation, resolved under § 190.209(b), after a (2) Submit written explanations, assessment of civil penalty, or hearing under § 190.211 or, if no hearing information, or other materials that compliance terms imposed under has been requested, after expiration of answer the allegations or seek § 190.209(b)(1) and (2), as evidenced by the 30 day response period prescribed mitigation of the proposed civil penalty the notice of probable violation and the in § 190.209, the case file of an or proposed compliance order; or respondent’s response, constitute a final enforcement proceeding commenced order under 49 U.S.C. 60101 et seq. under § 190.207 is forwarded to the (3) Request a hearing under § 190.211. (c) Failure of the respondent to Associate Administrator, OPS, for (b) If a respondent responds to an respond in accordance with paragraph issuance of a final order. alleged violation under paragraph (a)(1) (a) of this section constitutes a waiver of * * * * * of this section— the right to contest the allegations in the (1) The allegation automatically notice of probable violation and Issued in Washington, DC on August 6, becomes an agency determination that authorizes the Associate Administrator, 1999. the respondent has committed the OPS, without further notice to the Richard B. Felder, violation as alleged, allowing OPS to respondent, to find facts to be as alleged Associate Administrator for Pipeline Safety. consider the violation as a prior offense in the notice of probable violation and [FR Doc. 99–20816 Filed 8–11–99; 8:45 am] in assessing civil penalties in the future; to issue a final order under § 190.213. BILLING CODE 4910±60±P

VerDate 18-JUN-99 08:59 Aug 11, 1999 Jkt 183247 PO 00000 Frm 00032 Fmt 4702 Sfmt 4702 E:\FR\FM\A12AU2.004 pfrm07 PsN: 12AUP1 43975

Notices Federal Register Vol. 64, No. 155

Thursday, August 12, 1999

This section of the FEDERAL REGISTER facilitate the efficient marketing of meat will be used to evaluate service delivery contains documents other than rules or and meat products in the global and assist in planning and managing the proposed rules that are applicable to the marketplace. The MGC Branch provides program. public. Notices of hearings and investigations, voluntary quality grading and The customer service survey consists committee meetings, agency decisions and certification services based on U.S. of one document comprised of 20 rulings, delegations of authority, filing of petitions and applications and agency grade standards and approved inquiry components where customers statements of organization and functions are specifications to producers, assess the quality of service that is examples of documents appearing in this slaughterers, wholesalers, retailers, provided by the MGC Branch. Some section. consumers, brokers, and other examples of survey components financially interested parties involved customers are asked to assess and in the marketing of livestock and meat respond to include the following: ‘‘MGC DEPARTMENT OF AGRICULTURE products. Branch employees provide service at the There are approximately 380 current date and time requested,’’ ‘‘MGC Branch Agricultural Marketing Service users of the AMS’s, MGC Branch employees provide helpful technical [Docket Number LS±99±11] voluntary quality grading and advice,’’ and ‘‘Graders working in your certification services. These customers facility receive adequate supervision.’’ Notice of Request for New Information are located nationwide and represent a These survey components will be Collection diverse mixture of small, medium, and assessed using a rating scale ranging large producers; slaughterers; from ‘‘strongly agrees’’ to ‘‘strongly AGENCY: Agricultural Marketing Service, wholesalers; retailers; brokers; and other disagrees’’ or ‘‘not applicable.’’ There is USDA. financially interested parties. These also space available on the survey for ACTION: Notice and request for companies request product grading and the customer to provide additional comments. certification services from an MGC comments they deem appropriate. Branch Area Office. (There are four Due to the voluntary nature of grading SUMMARY: In accordance with the MGC Branch Area Offices nationwide.) and certification services, MGC Branch Paperwork Reduction Act of 1995 (44 The mission of the MGC Branch is to customers will use the services only if U.S.C. Chapter 35), this notice provide timely, high-quality, unbiased they receive the quality of service that announces the Agricultural Marketing service that facilitates the orderly meets or exceeds their expectations. By Service’s (AMS) request for comments marketing and distribution of obtaining information from customers on a new information collection related agricultural commodities, and fosters through a voluntary customer service to the delivery of Meat Grading and goodwill in the global marketplace. To survey, the MGC Branch could continue Certification (MGC) Branch services. accomplish this mission, the MGC to improve its services to meet or exceed This voluntary survey would give MGC Branch needs feedback from customers customer expectations. Branch’s external customers, who are to evaluate the services that are Estimate of Burden: Public reporting primarily in the livestock and meat provided. burden for this collection of information industry, an opportunity to provide Title: Customer Service Survey (Meat is estimated to average .084 hours per feedback on the quality of service they Grading and Certification Services). response. are receiving thereby assisting the MGC OMB Number: New collection, a Respondents: Livestock and meat Branch to continuously improve its number will be assigned after approval. industry or other for-profit businesses. services and service delivery. Expiration Date of Approval: New Estimated Number of Respondents: DATES: Comments on this notice must be collection. 428. received on or before October 12, 1999 Type of Request: New information Estimated Number of Responses per to be assured of consideration. collection. Respondent: 1. ADDITIONAL INFORMATION OR COMMENTS: Abstract: The collection of Estimated Total Annual Burden on Contact Marlene M. Betts, Assistant to information using a voluntary customer Respondents: 36 hours. the Chief, Meat Grading and service survey will provide all MGC Comments are invited on: (1) Whether Certification Branch, Livestock and Branch customers an opportunity to the proposed collection of information Seed Program, AMS, USDA, STOP 0248, comment on the type and level of is necessary for the proper performance Room 2628–S, 1400 Independence services they expect and evaluate the of the functions of the agency, including Avenue, SW., Washington, DC 20250– actual services that they receive. This whether the information will have 0248, Telephone (202) 720–1640, or Fax information will assist the MGC Branch practical utility; (2) the accuracy of the (202) 690–4119. in continuously improving its services agency’s estimate of the burden of the SUPPLEMENTARY INFORMATION: to meet or exceed customer proposed collection of information The Agricultural Marketing Act of expectations. including the validity of the 1946, as amended, (7 U.S.C. 1621–1627) The MGC Branch does not have a methodology and assumptions used; (3) (Act) directs the Secretary of the formal means of determining its external ways to enhance the quality, utility, and Department of Agriculture (USDA) to customer’s expectations or the quality of clarity of the information to be facilitate the marketing of agricultural service that is delivered. To collect this collected; and (4) ways to minimize the products by developing and applying information, the MGC Branch proposes burden of the collection of information grade standards. Under the Act, AMS to annually distribute a voluntary on those who are to respond, including offers grading, quality assurance, and customer service survey. The the use of appropriate automated, certification services for a user-fee, to information collected from the survey electronic, mechanical, or other

VerDate 18-JUN-99 11:03 Aug 11, 1999 Jkt 183247 PO 00000 Frm 00001 Fmt 4703 Sfmt 4703 E:\FR\FM\A12AU3.121 pfrm07 PsN: 12AUN1 43976 Federal Register / Vol. 64, No. 155 / Thursday, August 12, 1999 / Notices technological collection techniques or Please state that your comment refers FOR FURTHER INFORMATION CONTACT: Mr. other forms of information technology. to Docket No. 98–020–2. Harold T. Smith, Environmental Comments may be sent to Marlene M. You may read any comments that we Protection Officer, Environmental Betts, Assistant to the Chief, Meat receive on the draft environmental Analysis and Documentation, PPD, Grading and Certification Branch, impact statement in our reading room. APHIS, 4700 River Road Unit 149, Livestock and Seed Program, AMS, The reading room is located in room Riverdale, MD 20737–1228; (301) 734– USDA, STOP 0248, Room 2628–S, 1400 1141 of the USDA South Building, 14th 8565. Independence Avenue, SW., Street and Independence Avenue, SW., SUPPLEMENTARY INFORMATION: Washington, DC 20250–0248. All Washington, DC. Normal reading room comments received will be available for hours are 8 a.m. to 4:30 p.m., Monday Background public inspection during regular through Friday, except holidays. To be business hours at the same address. sure someone is there to help you, Many fruit fly species are serious All responses to this notice will be please call (202) 690–2817 before pests of agriculture throughout the summarized and included in the request coming. World and represent a threat to the for OMB approval. All comments will Copies of the draft environmental agriculture and ecology of the United become a matter of public record. impact statement are available for States. The Animal and Plant Health Dated: August 4, 1999. review between 8 a.m. and 4:30 p.m., Inspection Service (APHIS), in Robert L. Leverette, Monday through Friday, except cooperation with other Federal and holidays at the following locations: State organizations, is proposing a Acting Deputy Administrator, Livestock and Seed Program. APHIS Reading Room, room 1141, national program, a broad strategy, to respond to that threat. The national [FR Doc. 99–20876 Filed 8–11–99; 8:45 am] South Building, 14th Street and Independence Avenue, SW., program includes what formerly were BILLING CODE 3410±02±P Washington, DC; separate cooperative programs to control USDA, APHIS Library, 4700 River Road, various fruit fly pest species. DEPARTMENT OF AGRICULTURE Riverdale, MD; APHIS, with the assistance of its USDA, APHIS, PPQ, 9580 Micron cooperators, has developed a draft Animal and Plant Health Inspection Avenue, Suite I, Sacramento, CA environmental impact statement (EIS) Service 95827; that analyzes a range of program USDA, APHIS, PPQ, 3505 Boca Chica [Docket No. 98±020±2] alternatives and their associated Boulevard, Suite 360, Brownsville, TX components, including exclusion, Fruit Fly Cooperative Control Program; 78521–4065; detection and prevention, and control. Draft Environmental Impact Statement USDA, APHIS, PPQ, 3505 25th Avenue, The EIS focuses principally on the Building 1 North, Gulfport, MS 39501; potential environmental effects of the AGENCY: Animal and Plant Health and control measures, but maintains a Inspection Service, USDA. USDA, APHIS, PPQ, Blason II, 1st Floor, secondary focus on the identification of ACTION: Notice. 505 South Lenola Road, Moorestown, strategies for the reduction of risk in NJ 08057. fruit fly programs. SUMMARY: We are advising the public Interested persons may obtain a copy that the Animal and Plant Health We published a notice of intent to of the draft environmental impact prepare an EIS in the Federal Register Inspection Service has prepared a draft statement by writing to any of the last environmental impact statement for the on March 20, 1998 (63 FR 13614–13615, four addresses listed above (those Docket No. 98–020–1). The notice of Fruit Fly Cooperative Control Program. beginning with USDA, APHIS, PPQ) or This document analyzes potential intent requested comments from the to the address listed below under FOR public concerning issues that should be environmental effects of cooperative FURTHER INFORMATION CONTACT. addressed in the EIS. Comments from efforts to control exotic fruit fly pests in The public meeting will be held at the the public during the formal scoping the United States. We are requesting following locations and times: public comments on the draft period were considered by APHIS for (1) South Agriculture Building, 14th the development of the draft. environmental impact statement, and Street and Independence Avenue, notifying the public of the comment SW., Washington, DC, on August 16, Major Issues period and public meetings for the draft 1999, from 1 p.m. to 4 p.m.; environmental impact statement. (2) Ramada Airport Inn and Conference The comments received from the DATES: We invite you to comment on the Center, 5303 West Kennedy public helped us to determine the draft environmental impact statement. Boulevard, Tampa, FL, on August 18, principal focus and issues of the draft We will consider all comments that we 1999, from 1 p.m. to 4 p.m., and 6 EIS. The document analyzes the receive by October 12, 1999. The public p.m. to 9 p.m.; following broad alternatives: (1) No meetings will be held in (1) Washington, (3) Doubletree Grand Hotel, 1717 North action, (2) a nonchemical program, and DC, on August 16, 1999; (2) Tampa, FL, Bayshore, Miami, FL, on August 20, (3) an integrated program. The draft on August 18, 1999; (3) Miami, FL, on 1999, from 1 p.m. to 4 p.m. and 6 p.m. focuses principally on the potential August 20, 1999; (4) Brownsville, TX, to 9 p.m.; environmental effects of control on August 23, 1999; and (5) Los (4) Holiday Inn Fort Brown, 1900 East components (especially chemicals) but Angeles, CA, on August 25, 1999. Elizabeth Street, Brownsville, TX, on also focuses on the identification of ADDRESSES: Please send your comment August 23, 1999, from 6 p.m. to 9 strategies to reduce risk in fruit fly and three copies to: Mr. Harold T. p.m.; and programs. Smith, Environmental Protection (5) Embassy Suites Los Angeles/ The draft EIS is now available for Officer, Environmental Analysis and Downey, 8425 Firestone Boulevard, review and comment. We are seeking Documentation, PPD, APHIS, 4700 Downey, CA, on August 25, 1999, input from the public, including private River Road, Unit 149, Riverdale, MD from 1 p.m. to 4 p.m., and 6 p.m. to citizens, organizations, industry, and 20737–1228. 9 p.m. other government agencies.

VerDate 18-JUN-99 11:03 Aug 11, 1999 Jkt 183247 PO 00000 Frm 00002 Fmt 4703 Sfmt 4703 E:\FR\FM\A12AU3.121 pfrm07 PsN: 12AUN1 Federal Register / Vol. 64, No. 155 / Thursday, August 12, 1999 / Notices 43977

Preparation of the Final Environmental 1248 to facilitate entrance into the personnel collect the information by Impact Statement. building. phone, in face-to-face meetings with APHIS will consider all comments FOR FURTHER INFORMATION CONTACT: land exchange parties, or by requesting received by the close of the comment James M. Williams, Lands Specialist, at in a letter to the exchange party that the period in the development of the final (202) 205–1248 or Kathleen L. Dolge, requested information be submitted by EIS for the Fruit Fly Cooperative Control Realty Specialist, at (202) 205–1248. mail. Data gathered in the information Program. A notice announcing the SUPPLEMENTARY INFORMATION: availability of the final document will collection are not available from other Background be published in a subsequent Federal sources. Estimate of Burden: 1 hour. Register notice. Land exchanges are discretionary, Type of Respondents: Non-Federal This notice is issued in accordance voluntary, real estate transactions land exchange parties. with: (1) The National Environmental between the Secretary of Agriculture, Estimated Number of Respondents: Policy Act of 1969, as amended (NEPA) acting by and through the Forest 100. (42 U.S.C. 4321 et seq.), (2) regulations Service, and non-Federal land exchange Estimated Number of Responses per of the Council on Environmental parties. Land exchanges can be initiated Respondent: 1. by a non-Federal party, an agent of a Quality for implementing the Estimated Total Annual Burden on landowner, a broker, a third party, or a procedural provisions of NEPA (40 CFR Respondents: 100 hours. parts 1500–1508), (3) USDA regulations non-Federal public agency. implementing NEPA (7 CFR part 1b), Each land exchange requires Description of Information Collection and (4) APHIS’ NEPA Implementing preparation of an Agreement to Initiate The following describes the Procedures (7 CFR part 372). as required by § 254.4 of title 36 of the information collection to be reinstated: Done in Washington, DC, this 3rd day of Code of Federal Regulations (CFR), Title: Exchange Agreement. August 1999. which specifies the preliminary, non- OMB Number: 0596–0105. Bobby R. Acord, binding intentions of the non-Federal Expiration Date of Approval: May 31, land exchange party and of the Forest Acting Administrator, Animal and Plant 1998. Health Inspection Service. Service in pursuing a land exchange. Type of Request: Reinstatement, As the land exchange proposal [FR Doc. 99–20820 Filed 8–11–99; 8:45 am] without change, of a previously develops, the Forest Service and the BILLING CODE 3410±34±U approved information collection. non-Federal land exchange party may Abstract: The data collected are used enter into a binding Exchange by the agency to facilitate a mutually DEPARTMENT OF AGRICULTURE Agreement pursuant to 36 CFR, beneficial land exchange between the § 254.14. The Exchange Agreement is a Forest Service and a non-Federal land Forest Service legally binding document delineating exchange partner. the conditions that must be met to The Exchange Agreement is a legally Information Collection; Request for complete the land exchange. binding document. Respondents will be Comments; Land Exchanges Data from this information collection asked questions, such as the can be unique to each land exchange AGENCY: Forest Service, USDA. identification of the non-Federal land and are not available from other sources. exchange parties; the description of the ACTION: Notice. Description of Information Collection lands and interests to be exchanged, SUMMARY: In accordance with the such as roads; the identification of all The following describes the reserved and outstanding interests, such Paperwork Reduction Act of 1995, the information collection to be reinstated: Forest Service announces its intention as roads, minerals, and easements; and Title: Agreement to Initiate. all other terms and conditions necessary to reinstate, without change, a OMB Number: 0596–0105. previously approved information to complete an exchange. Expiration Date of Approval: May 31, Respondents are non-Federal land collection. This information collection 1998. will provide the Forest Service with the exchange parties. Forest Service Type of Request: Reinstatement, personnel collect the information by information to complete an Agreement without change, of a previously to Initiate and an Exchange Agreement phone, in face-to-face meetings with approved information collection. land exchange parties, or by requesting when cooperating in land exchanges Abstract: The data collected are used with non-Federal parties. Forest Service in a letter to the land exchange party by the agency to facilitate a mutually that the requested information be personnel collect the information from beneficial land exchange between the non-Federal land exchange parties. submitted by mail. Forest Service and a non-Federal Data gathered in this information DATES: Comments must be received in partner. collection are not available from other writing on or before October 12, 1999. The Agreement to Initiate is a non- sources. ADDRESSES: All comments should be binding document. Respondents answer Estimate of Burden: 1 hour. addressed to Jack L. Craven, Director, questions in the Agreement to Initiate Type of Respondents: Non-Federal Lands Staff, Mail Stop 1124, Forest that include the description of land exchange partners. Service, USDA, P.O. Box 96090, properties being considered in the land Estimated Number of Respondents: Washington, D.C. 20090–6090. exchange; an implementation schedule 100. Comments also may be submitted via of action items, such as the relocation of Estimated Number of Responses per facsimile to (202) 205–1604 or by email any tenants occupying the land; and the Respondent: 1. to: lands/[email protected]. identification of the party responsible Estimated Total Annual Burden on The public may inspect comments for each action item, as well as target Respondents: 100 hours. received in the Office of the Director, dates for completion of each action Lands Staff, 201 14th Street, SW, item. Comment Is Invited Washington, DC. Visitors are Respondents are non-Federal land The agency invites comments on the encouraged to call ahead to (202) 205– exchange parties. Forest Service following: (a) Whether the proposed

VerDate 18-JUN-99 11:03 Aug 11, 1999 Jkt 183247 PO 00000 Frm 00003 Fmt 4703 Sfmt 4703 E:\FR\FM\A12AU3.074 pfrm07 PsN: 12AUN1 43978 Federal Register / Vol. 64, No. 155 / Thursday, August 12, 1999 / Notices collection of information is necessary USDA, 2770 Sherwood Lane, Suite 2A, Forest programs and services, how well for the stated purposes and the proper Juneau, AK 99801. information about agency programs and performance of the functions of the Comments also may be submitted via services are communicated to the agency, including whether the facsimile to (907) 586–7848 or by email public, and how well the agency meets information will have practical or to rschroeder/[email protected]. the needs and expectations of the three scientific utility; (b) the accuracy of the The public may inspect comments identified groups of people. agency’s estimate of the burden of the received at the Office of the Forestry Forest Service personnel from the proposed collection of information, Sciences Lab, Forest Service, USDA, Pacific Northwest Research Station including the validity of the 2770 Sherwood Lane, Suite 2A, Juneau, Forestry Sciences Lab in Juneau, Alaska, methodology and assumptions used; (c) Alaska. Visitors are asked to call (907) will work in cooperation with ways to enhance the quality, utility, and 586–8811, extension 240, to facilitate University of Alaska research staff to clarity of the information to be entrance into the building. design, administer, and evaluate these collected; and (d) ways to minimize the FOR FURTHER INFORMATION CONTACT: surveys. Interviewers will conduct most burden of the collection of information Robert F. Schroeder, Forestry Sciences surveys by telephone. Mail-back on respondents, including the use of Lab, at (907) 586–8811, extension 240. questionnaires and face-to-face automated, electronic, mechanical, or SUPPLEMENTARY INFORMATION: interviews will be used to reach people other technological collection who do not have telephones. techniques or other forms of information Background People from each of the three technology. The Tongass National Forest identified groups will be asked to respond to questions that include their Use of Comment encompasses nearly 85 percent of the land in southeast Alaska, and activities perceptions of how the Tongass All comments received in response to conducted on the Forest form the basis National Forest is managed by the this notice, including name and address for the regional economy. Commercial agency, their preferences for how this when provided, will become a matter of fishing, timber production, mineral National Forest should be managed, public record. Comments will be extraction, and the quickly growing their perceptions of Tongass National summarized and included in the request tourism industry depend on the Forest ecosystems, their past and for Office of Management and Budget renewable and non-renewable natural planned visits to the Tongass National approval. resources of this National Forest. The Forest, their use of the forest’s Dated: August 4, 1999. Forest Service completed a revision of resources, their vision of the forest of Arthur Bryant, the Tongass Land Management Plan in the future, their household and Acting Associate Deputy Chief, National 1997 and published a revised Record of community economic dependence on Forest System. Decision in the Federal Register on May the forest, and their attitudes and values [FR Doc. 99–20842 Filed 8–11–99; 8:45 am] 11, 1999 (64 FR 25274). The Tongass concerning timber management. The information collection is BILLING CODE 3410±11±P Land Management Plan and Record of comprised of three closely related Decision will serve as a blueprint for surveys: The Tongass Southeast Alaska how the Forest Service will manage the Resident Survey, The Tongass Visitor DEPARTMENT OF AGRICULTURE Tongass National Forest over the next Survey, and The Tongass National 10 to 15 years. Public Survey. A description of each Forest Service While revising the Tongass Land survey form follows. Information Collection; Request for Management Plan in 1997, the Forest Comments; Improve Management of Service identified critical information Description of Information Collection the Tongass National Forest and needs. Some of these information needs The following describes the new Service to Local, Regional, and were associated with the human information collection: National Customers component of Tongass National Forest Title: The Tongass Southeast Alaska ecosystems, that is the people and social Resident Survey. AGENCY: Forest Service, USDA. systems that benefit from these OMB Number: New. ACTION: Notice. ecosystems. Expiration Date of Approval: New. The collected data, while addressing Type of Request: This is a new SUMMARY: In accordance with the the human component, will provide the information collection requirement and Paperwork Reduction Act of 1995, the Forest Service with a better has not received approval from the Forest Service announces its intention understanding of how forest Office of Management and Budget. to establish a new information management practices influence Abstract: The Forest Service collection. The new collection will community well-being and social conducted a survey in 1979 to assess the provide information that will help change within the southeast Alaska interaction of the southeast Alaska Forest Service personnel identify and geographic area and will help the residents with the Tongass National meet the needs of people who use, visit, agency meet the needs of three groups Forest. This survey also included the or benefit in other ways from the of diverse customers: residents of perceptions these residents had of the Tongass National Forest in southeast southeast Alaska who are affected by Tongass as a natural resource. The 1979 Alaska. Respondents will be chosen forest management actions on a day-to- survey provided the most recent from three different groups of day basis, people from outside the comprehensive information on customers: southeast Alaska residents; southeast Alaska geographic area who southeast Alaska residents’ subsistence southeast Alaska visitors; and the visit the Tongass National Forest, and and recreational use of the Tongass, general public. people who may never visit the Tongass their attitudes and values concerning DATES: Comments must be received in National Forest yet believe they benefit the Tongass National Forest, their writing on or before October 12, 1999. because it exists. interest in the development of a regional ADDRESSES: All comments should be The agency will gain a better timber economy, and their perceptions addressed to: Robert F. Schroeder, understanding of the demands the of Forest Service land management Forestry Sciences Lab, Forest Service, public makes on the Tongass National practices. This important benchmark

VerDate 18-JUN-99 11:03 Aug 11, 1999 Jkt 183247 PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 E:\FR\FM\A12AU3.003 pfrm07 PsN: 12AUN1 Federal Register / Vol. 64, No. 155 / Thursday, August 12, 1999 / Notices 43979 survey is now 20 years old and may not Visitors are drawn to the scenic Forest Service personnel will work be an accurate reflection of the views, attractions on the Tongass National cooperatively with university staff and perceptions, and activities of current Forest that include the tidewater and professional contractors to ask southeast Alaska residents. other glaciers; the wilderness, wildlife, respondents questions that include their This new information collection will and whales; the Native cultures and knowledge about the Tongass National provide current data and identify issues colorful history; and excellent sport Forest, their past or planned visits to the that have become important to the fishing opportunities. Cruise ship forest, the benefits they believe they southeast Alaska residents in the visitors comprise a large majority of the obtain or receive from this National intervening years. Respondents also will total visitor population to southeast Forest, and their perceptions of the be asked questions that relate to issues Alaska. However, independent travelers agency’s management of this Forest. that were not important at the time of are becoming a larger segment of the Researchers will conduct a telephone the 1979 survey. These issues include tourist population. survey of people who live in the United large scale timber harvesting on national This information collection will help States outside of Alaska. forest and private lands, a large increase Forest Service personnel evaluate a in tourist use of the forest, expansion of visitor’s interaction with the Tongass Data gathered in this information tourist use into back-country areas, National Forest, the perceptions visitors collection are not available from other economic restructuring of the area that have regarding the Forest Service’s land sources. is moving away from timber, mining, management practices of these natural Estimated Burden per Respondent: 30 and commercial fishing toward tourism resources, the role the Tongass National minutes. and service industries, and an Forest plays in attracting visitors to Type of Respondents: Individuals increasing resident and visitor southeast Alaska, and how the agency’s from the national public. population competing for limited fish land management practices add to or and wildlife resources. detract from visitors’ experiences. Estimated Number of Respondents: Forest Service personnel and This information collection will be 1,200. University of Alaska research staff will accomplished through interviews with Estimated Number of Responses per conduct a random sample survey of tourists visiting southeast Alaska. Forest Respondents: 1. southeast Alaska residents, primarily Service personnel in cooperation with Estimated Total Burden on through telephone interviews. university research staff will collect Respondents: 600 hours. Data gathered in this information information through telephone collection are not available from other interviews, mail-back questionnaires, Comments Are Invited sources. and face-to-face interviews. Forest Estimated Burden per Respondent: 30 Service personnel will compare the data The agency invites comments on the minutes. from this collection to the study following: (a) Whether the proposed Type of Respondents: Individuals conducted in 1979. collection of information is necessary from southeast Alaska. Data gathered in this information for the stated purposes and the proper Estimated Number of Respondents: collection are not available from other performance of the functions of the 1600. sources. agency, including whether the Estimated Number of Responses per Estimated Burden per Respondent: 30 information will have practical or Respondents: 1. minutes. scientific utility; (b) the accuracy of the Estimated Total Burden on Type of Respondents: Individuals estimate of the burden of the proposed Respondents: 800 hours. from the main market segments of collection of information, including the Description of Information Collection southeast Alaska pleasure visitor validity of the methodology and populations. assumptions used; (c) ways to enhance The following describes the new Estimated Number of Respondents: the quality, utility, and clarity of the information collection: 1,500. information to be collected; and (d) Title: The Tongass Visitor Survey. Estimated Number of Responses per ways to minimize the burden of the OMB Number: New. Respondents: 1. collection of information on Expiration Date of Approval: New. Estimated Total Burden on respondents, including the use of Type of Request: This is a new Respondents: 750 hours. automated, mechanical, or other information collection requirement and technological collection techniques or has not received approval from the Description of Information Collection other forms of information technology. Office of Management and Budget. The following describes the new Abstract: In 1979, the Forest Service information collection: Use of Comments conducted a survey of cruise ship Title: Tongass National Public Survey. passengers visiting southeast Alaska as OMB Number: New. All comments received in response to a companion study to the 1979 Alaska Expiration Date of Approval: New. this notice will be summarized and Public Survey. In the intervening years, Type of Request: This is a new included in the request for Office of tourism has increased in southeast information collection requirement and Management and Budget approval. Alaska, with approximately 1 million has not received approval from the Those who submit comments should be visitors expected in 1999. Office of Management and Budget. aware that all comments, including The Forest Service is the primary land Abstract: The Tongass National Public names and addresses when provided, manager in the southeast Alaska area. Survey will provide a method of are placed in the record and are The tourist industry has become a collecting information to learn if people available for public inspection. dominant economic and social force in the United States outside Alaska are Dated August 4, 1999. within this area, and the tourist aware of the existence of the Tongass experience has become a more National Forest and, of those who are Robert Lewis, Jr., important concern of the agency’s aware, how they perceive the benefits of Deputy Chief for Research and Development. management of the Tongass National this Forest. Respondents will be non- [FR Doc. 99–20843 Filed 8–11–99; 8:45 am] Forest. Alaskan residents of the United States. BILLING CODE 3410±11±P

VerDate 18-JUN-99 11:03 Aug 11, 1999 Jkt 183247 PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 E:\FR\FM\A12AU3.023 pfrm07 PsN: 12AUN1 43980 Federal Register / Vol. 64, No. 155 / Thursday, August 12, 1999 / Notices

ARCHITECTURAL AND www.access-board.gov/notices/ (ADAAG) for new construction and TRANSPORTATION BARRIERS prowac.htm). alterations in places of public accommodation and commercial COMPLIANCE BOARD Background facilities. 36 CFR part 1191. ADAAG Public Rights-of-Way; Access The Architectural and Transportation contains scoping provisions and Advisory Committee Barriers Compliance Board (Access technical specifications generally Board) is responsible for developing applicable to buildings and facilities AGENCY: Architectural and accessibility guidelines under the (sections 1 through 4) and additional Transportation Barriers Compliance Americans with Disabilities Act (ADA) Board. requirements specifically applicable to of 1990 (42 U.S.C. 12101 et seq.) to certain types of buildings and facilities ACTION: Notice of intent to establish ensure that facilities and vehicles covered by title III of the ADA: advisory committee. covered by the law are readily restaurants and cafeterias (section 5); SUMMARY: The Architectural and accessible to and usable by individuals medical care facilities (section 6); 1 Transportation Barriers Compliance with disabilities. The Department of mercantile and business facilities Board (Access Board) announces its Justice is responsible for issuing final (section 7); libraries (section 8); and intent to establish a Public Rights-of- regulations, consistent with the transient lodging (section 9). On Way Access Advisory Committee guidelines issued by the Access Board, September 6, 1991, the Access Board (Committee) to make recommendations to implement titles II and III (except for amended ADAAG to include additional for accessibility guidelines for public transportation vehicles and facilities). requirements specifically applicable to rights-of-way covered by the Americans The Department of Transportation is transportation facilities (section 10). with Disabilities Act of 1990 and the responsible for issuing regulations to On December 21, 1992, the Access Architectural Barriers Act of 1968. The implement the transportation provisions Board published a notice of proposed Access Board requests applications for of titles II and III of the ADA. Those rulemaking (NPRM) in the Federal representatives to serve on the regulations must also be consistent with Register which proposed to add four Committee. the Access Board’s guidelines. special application sections to ADAAG The Architectural Barriers Act of 1968 DATES: Applications should be received specifically applicable to certain types (ABA) (42 U.S.C. 4151 et seq.) requires of State and local government buildings by September 27, 1999. that facilities designed, built, altered or ADDRESSES: Applications should be sent and facilities covered by title II of the leased with certain Federal funds be ADA. Those special application sections to the Office of Technical and accessible to persons with disabilities. Information Services, Architectural and included: Similar to its responsibility under the 11. Judicial, Legislative, and Transportation Barriers Compliance ADA, the Access Board is responsible Board, 1331 F Street, NW., suite 1000, Regulatory Facilities. for developing accessibility guidelines 12. Detention and Correctional Washington, DC 20004–1111. Fax for facilities covered by the ABA. The Facilities. number (202) 272–5447. Applications Board’s guidelines serve as the basis for 13. Accessible Residential Housing. may also be sent via electronic mail to enforceable standards issued by four 14. Public Rights-of-Way. the Access Board at the following standard-setting agencies; the standard- The NPRM also proposed address: [email protected]. setting agencies are the Department of requirements and asked questions FOR FURTHER INFORMATION CONTACT: Defense (DOD), the General Services regarding the addition of miscellaneous Scott Windley, Office of Technical and Administration (GSA), the Department provisions specifically applicable to Information Services, Architectural and of Housing and Urban Development State and local government facilities. 57 Transportation Barriers Compliance (HUD), and the U.S. Postal Service FR 60612 (December 21, 1992). Board, 1331 F Street, NW., suite 1000, (USPS).2 On June 20, 1994, the Board Washington, DC 20004–1111. published an interim rule in the Federal Rulemaking History Telephone number (202) 272–5434 Register which added sections 11 extension 25 (Voice); (202) 272–5449 On July 26, 1991, the Access Board through 14 and miscellaneous (TTY). published the Americans with provisions to ADAAG. 59 FR 31676 SUPPLEMENTARY INFORMATION: Disabilities Act Accessibility Guidelines (June 20, 1994) as corrected at 59 FR 32751 (June 24, 1994). The interim rule Availability of Copies and Electronic 1 The Access Board is an independent Federal sought comment on sections 11 through Access agency established by section 502 of the Rehabilitation Act (29 U.S.C. 792) whose primary 14 and the miscellaneous provisions. Single copies of this publication may mission is to promote accessibility for individuals On January 13, 1998, the Board be obtained at no cost by calling the with disabilities. The Access Board consists of 25 published final rules for State and local Access Board’s automated publications members. Thirteen are appointed by the President governments but decided to reserve from among the public, a majority of who are order line (202) 272–5434, by pressing required to be individuals with disabilities. The section 14, due in large measure to the 1 on the telephone keypad, then 1 again, other twelve are heads of the following Federal concerns of the transportation and requesting publication N–03 (Public agencies or their designees whose positions are community expressed in comments to Rights-of-Way Access Advisory Executive Level IV or above: The departments of the Board on the proposed and interim Health and Human Services, Education, Committee notice). Persons using a TTY Transportation, Housing and Urban Development, final rules. 63 FR 2000. Many of those should call (202) 272–5449. Please Labor, Interior, Defense, Justice, Veterans Affairs, commenters, including public works record a name, address, telephone and Commerce; the General Services agencies, transportation departments, number and request publication N–03. Administration; and the United States Postal and traffic consultants, were concerned Service. This document is available in alternate 2 The Uniform Federal Accessibility Standards that the section 14 provisions would be formats upon request. Persons who want (UFAS) were developed by the four standard-setting applied to existing developed rights-of- a copy in an alternate format should agencies to implement the Architectural Barriers way. specify the type of format (cassette tape, Act of 1968. Most Federal agencies also reference The response to both the NPRM and UFAS as the accessibility standard for buildings Braille, large print, or computer disk). and facilities constructed or altered by recipients of the interim rule clearly indicated the This document is also available on the Federal financial assistance for purposes of section need for substantial education and Board’s Internet site (http:// 504 of the Rehabilitation Act of 1973, as amended. outreach regarding the application of

VerDate 18-JUN-99 11:03 Aug 11, 1999 Jkt 183247 PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 E:\FR\FM\A12AU3.155 pfrm07 PsN: 12AUN1 Federal Register / Vol. 64, No. 155 / Thursday, August 12, 1999 / Notices 43981 guidelines in this area. Rather than the Committee’s work and will be Civil Rights, that a meeting of the finalizing the guidelines for public balanced in terms of interests Tennessee Advisory Committee to the rights-of-way, the Board embarked upon represented. Organizations with similar Commission will convene at 1:00 p.m. an ambitious outreach plan to the interests are encouraged to submit a and adjourn at 5:00 p.m. on September highway industry. This outreach single application to represent their 1, 1999, at the Tennessee General included producing a series of interest. Although the Committee will Assembly Legislative Plaza, Room 30, videotapes, an accessibility checklist, a be limited in size, there will be 6th Avenue and Charlotte Avenue, synthesis on accessible pedestrian opportunities for the public to present Nashville, Tennessee 37243. The signals, and a design guide on accessible written information to the Committee, to purpose of the meeting is to discuss the public rights-of-way. In addition, the participate through subcommittees, and status of the Commission, the Board has been actively involved with to comment at Committee meetings. Committee’s Title VI report, and the transportation industry organizations Applications should be sent to the problems/progress of civil rights and has worked closely with the Federal Access Board at the address listed at the activities. Highway Administration on access beginning of this notice. The application Persons desiring additional issues. should include the representative’s information, or planning a presentation The Access Board has reviewed its name (and an alternate), title, address to the Committee, should contact Bobby education and outreach program and the and telephone number; a statement of D. Doctor, Director of the Southern impact of State and local government the interests represented; and a Regional Office, 404–562–7000 (TDD regulatory efforts in this area, and description of the representative’s 404–562–7004). Hearing-impaired believes that the development of qualifications, including engineering, persons who will attend the meeting requirements for accessibility in the technical and design expertise and and require the services of a sign public right-of-way is appropriate at this knowledge of making public rights-of- language interpreter should contact the time. At its May 1999 meeting, the way accessible to individuals with Regional Office at least ten (10) working Access Board voted to reinitiate disabilities. days before the scheduled date of the rulemaking on accessible pedestrian Committee members will not be meeting. facilities by convening a Federal compensated for their service. The The meeting will be conducted advisory committee to develop Access Board may, at its own discretion, pursuant to the provisions of the rules recommendations for guidelines for pay travel expenses for a limited and regulations of the Commission. public rights-of-way covered by the number of persons who would Dated at Washington, DC, August 9, 1999. Americans with Disabilities Act and the otherwise be unable to participate on Carol-Lee Hurley, the Committee. Committee members Architectural Barriers Act. Chief, Regional Programs Coordination Unit. will serve as representatives of their Public Rights-of-Way Access Advisory organizations, not as individuals. They [FR Doc. 99–20884 Filed 8–11–99; 8:45 am] Committee will not be considered special BILLING CODE 6335±01±P The Access Board intends to establish government employees and will not be a Public Rights-of-Way Access Advisory required to file confidential financial DEPARTMENT OF COMMERCE Committee (Committee) to assist the disclosure reports. After the applications have been Board in the process of developing its Bureau of Export Administration accessibility guidelines. The Committee reviewed, the Access Board will publish will make recommendations to the a notice in the Federal Register Action Affecting Export Privileges; Access Board on the content and format announcing the appointment of FADI BOUTROS, Also Known as Fadi of the guidelines, including scoping and Committee members and the first E. Sitto, Fadi Jirjis, and Fred Boutros; technical provisions to address access to meeting of the Committee. The first Order Denying Permission To Apply sidewalks, street crossings, and related meeting of the Committee is tentatively for or Use Export Licenses pedestrian facilities. The Committee scheduled for November 8–9, 1999 in will be expected to present a report with Washington, DC. The Committee will On April 29, 1999, Fadi Boutros, also its recommendations to the Access operate in accordance with the Federal known as Fadi E. Sitto, Fadi Jirjis, and Fred Boutros (Boutros), was convicted Board within one year of the Advisory Committee Act, 5 U.S.C. app in the United States District Court for Committee’s first meeting. The Access 2. Each meeting will be open to the the District of Connecticut on one court Board requests applications for public. A notice of each meeting will be of violating Section 38 of the Arms representatives of the following interests published in the Federal Register at Export Control Act (currently codified at for membership on the Committee: least 15 days in advance of the meeting. • Federal agencies; Records will be kept of each meeting 22 U.S.C.A. § 2778 (1990 & Supp. 1999)) • Design professional organizations; and made available for public (AECA) and one count of violating the • Transportation and traffic inspection. International Emergency Economic engineering institutes, departments, and Lawrence W. Roffee, Powers Act (50 U.S.C.A. §§ 1701–1706 (1991 & Supp. 1999)) (IEEPA). organizations; Executive Director. • State and local government public Specifically, Boutros was convicted of [FR Doc. 99–20883 Filed 8–11–99; 8:45 am] willfully attempting to export defense works and transportation agencies; BILLING CODE 8150±01±P • Pedestrian and bicycle articles on the U.S. Munitions List from organizations; the United States to Iraq via Jordan, • Standard setting organizations; namely, ITT Aviator Night Vision GEN COMMISSION ON CIVIL RIGHTS • Organizations representing the II AN/AVS 6 systems, without first access needs of individuals with Agenda and Notice of Public Meeting having obtained the required export disabilities; and of the Tennessee Advisory Committee license from the United States • Other persons affected by the Department of State, and of willfully accessibility guidelines. Notice is hereby given, pursuant to dealing and attempting to deal in The number of Committee members the provisions of the rules and defense articles on the U.S. Munitions will be limited to effectively accomplish regulations of the U.S. Commission on List intended for exportation to Iraq via

VerDate 18-JUN-99 11:03 Aug 11, 1999 Jkt 183247 PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 E:\FR\FM\A12AU3.156 pfrm07 PsN: 12AUN1 43982 Federal Register / Vol. 64, No. 155 / Thursday, August 12, 1999 / Notices

Jordan, specifically, ITT Aviator Night year period ends on April 29, 2009. I intended to be, exported from the Vision GEN III AN/AVS 6 systems, and have also decided to revoke all licenses United States; or engaging and attempting to engage in issued pursuant to the Act in which E. Engage in any transaction to service activity intended to promote such Boutros had an interest at the time of his any item subject to the Regulations that dealing, without first having obtained conviction. has been or will be exported from the the authorization of the United States Accordingly, it is hereby Ordered United States and which is owned, Department of Treasury, in violation of I. Until April 29, 2009, Fadi Boutros, possessed or controlled by the denied the embargo against Iraq contained in also known as Fadi E. Sitto, Fadi Jirjis, person, or service any item, of whatever the Office of Foreign Assets Control’s and Fred Boutros, currently incarcerated origin, that is owned, possessed or Iraqi Sanctions Regulations. at: Federal Correction Institute, P.O. Box controlled by the denied person if such Section 11(h) of the Export 9999, Milan, Michigan 48160, and with service involves the use of any item Administration Act of 1979, as amended an address at: 1491 Fueta Heights Lane, subject to the Regulations that has been (currently codified at 50 U.S.C.A. app. El Cajon, California 92019, may not, or will be exported from the United §§ 2401–2420 (1991 & Supp. 1999)) (the directly or indirectly, participate in any States. For purposes of this paragraph, Act),1 provides that, at the discretion of way in any transaction involving any servicing means installation, the Secretary of Commerce,2 no person commodity, software or technology maintenance, repair, modification or convicted of violating the AECA or (hereinafter collectively referred to as testing. IEEPA, or certain other provisions of the ‘‘item’’) exported or to be exported from III. After notice and opportunity for United States Code, shall be eligible to the United States, that is subject to the comment as provided in Section 766.23 apply for or use any license, including Regulations, or in any other activity of the Regulations, any person, firm, any License Exception, issued pursuant subject to the Regulations, including, corporation, or business organization to, or provided by, the Act or the Export but not limited to: related to Boutros by affiliation, Administration Regulations (currently A. Applying for, obtaining, or using ownership, control, or position of codified at 15 CFR Parts 730–774 any license, License Exception, or responsibility in the conduct of trade or (1999)) (the Regulations), for a period of export control document; related services may also be subject to up to 10 years from the date of the B. Carrying on negotiations the provisions of this Order. conviction. In addition, any license concerning or ordering, buying, IV. This Order does not prohibit any issued pursuant to the Act in which receiving, using, selling, delivering, export, reexport, or other transaction such a person had any interest at the storing, disposing of, forwarding, subject to the Regulations where the time of conviction may be revoked. transporting, financing, or otherwise only items involved that are subject to Pursuant to §§ 766.25 and 750.8(a) of servicing in any way, any transaction the Regulations are the foreign- the Regulations, upon notification that a involving any item exported or to be produced direct product of U.S.-origin person has been convicted of violating exported from the United States that is technology. the AECA or IEEPA, the Director, Office subject to the Regulations, or in any V. This Order is effective immediately of Exporter Services, in consultation other activity subject to the Regulations; and shall remain in effect until April 29, with the Director, Office of Export or 2009. Enforcement, shall determine whether C. Benefiting in any way from any VI. A copy of this Order shall be to deny that person permission to apply transaction involving any item exported delivered to Boutros. This Order shall for or use any license, including any or to be exported from the United States be published in the Federal Register. License Exception, issued pursuant to, that is subject to the Regulations, or in Dated: August 3, 1999. or provided by, the Act and the any other activity subject to the Eileen M. Albanese, Regulations, and shall also determine Regulations. Director, Office of Exporter Services. whether to revoke any license II. No person may, directly or [FR Doc. 99–20911 Filed 8–11–99; 8:45 am] previously issued to such a person. indirectly, do any of the following: Having received notice of Boutros’s A. Export or reexport to or on behalf BILLING CODE 3510±DT±M conviction for violating the AECA and of the denied person any item subject to IEEPA, and following consultations the Regulations; DEPARTMENT OF COMMERCE with the Director, Office of Export B. Take any action that facilitates the Enforcement, I have decided to deny acquisition or attempted acquisition by International Trade Administration Boutros permission to apply for or use the denied person of the ownership, any license, including any License possession, or control of any item [A±201±805] Exception, issued pursuant to, or subject to the Regulations that has been Circular Welded Non-Alloy Steel Pipe- provided by, the Act and the or will be exported from the United From Mexico; Antidumping Duty Regulations, for a period of 10 years States, including financing or other Administrative Review; Extension of from the date of his conviction. The 10- support activities related to a Time Limit transaction whereby the denied person 1 The Act expired on August 20, 1994. Executive acquires or attempts to acquire such AGENCY: Import Administration, Order 12924 (3 CFR, 1994 Comp. 917 (1995)), extended by Presidential Notices of August 15, 1995 ownership, possession or control; International Trade Administration, (3 CFR, 1995 Comp. 501 (1996)), August 14, 1996 C. Take any action to acquire from or Department of Commerce. (3 CFR, 1996 Comp. 298 (1997)), August 13, 1997 to facilitate the acquisition or attempted ACTION: Notice of extension of time (3 CFR 1997 Comp. 306 (1998)), and August 13, acquisition from the denied person of 1998 (3 CFR, 1998 Comp. 294 (1999)), continued limit. the Export Administration Regulations in effect any item subject to the Regulations that under IEEPA. has been exported from the United SUMMARY: The Department of Commerce 2 Pursuant to appropriate delegations of authority States; (the Department) is extending the time that are reflected in the Regulations, the Director, D. Obtain from the denied person in limit for the preliminary results of the Office of Exporter Services, in consultation with the Director, Office of Export Enforcement, exercises the United States any item subject to the antidumping duty administrative review the authority granted to the Secretary by Section Regulations with knowledge or reason of Circular Welded Non-alloy Steel Pipe 11(h) of the Act. to know that the item will be, or is from Mexico. This review covers the

VerDate 18-JUN-99 11:03 Aug 11, 1999 Jkt 183247 PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 E:\FR\FM\A12AU3.088 pfrm07 PsN: 12AUN1 Federal Register / Vol. 64, No. 155 / Thursday, August 12, 1999 / Notices 43983 period November 1, 1997 through stringent American Society for Testing case. Hysla v. United States, 960 F. October 31, 1998. and Materials (ASTM) A53 standard Supp. 320 (CIT 1997).3 EFFECTIVE DATE: August 12, 1999. pipe specifications (dual-certified On December 19, 1997, the 2 FOR FURTHER INFORMATION CONTACT: John pipe ) are circumventing the Department released its ‘‘Notice of Drury or Linda Ludwig, Office of AD/ antidumping duty order on certain Affirmative preliminary Determination welded non-alloy carbon steel pipe from CVD Enforcement, Group III, Import of Circumvention.’’ Hylsa again sought Mexico (57 FR 49453, November 2, Administration, International Trade a permanent injunction from the Court Administration, U.S. Department of 1992). The anticircumvention inquiry covered two manufacturers/exporters of barring the completion of the Commerce, 14th Street and Constitution investigation, the publication of the Avenue, NW, Washington, DC 20230; the merchandise subject to this inquiry, Hylsa, S.A. de C.V. (Hylsa) and Tuberia preliminary determination and any telephone (202) 482–0195 or 482–3833, notification of the United States respectively. Naciona´l, S.A. de C.V. (TUNA), and the period January 1, 1996 through Customs Service. On February 3, 1998, SUPPLEMENTARY INFORMATION: Because it December 31, 1996. the Court issued the requested is not practicable to complete this permanent injunction in light of its In response to rulings by the Court of review within the original time limit, earlier decision in a related case, International Trade (the Court) and the the Department is extending the time Wheatland Pipe Company v. United limit for completion of the preliminary Court of Appeals for the Federal Circuit States, 973 F. Supp. 149 (CIT 1997). See results until November 30, 1999, in (Federal Circuit) we are terminating the Hylsa, S.A. de C.V. versus United States, accordance with section 751(a)(3)(A) of anticircumvention inquiry. slip Op. 98–10 (CIT 1998) (Hylsa II). the Tariff Act of 1930, as amended (‘‘the EFFECTIVE DATE: August 12, 1999. Act’’) by the Uruguay Round The Department appealed the Court’s Agreements Act of 1994 (19 U.S.C. 1675 FOR FURTHER INFORMATION CONTACT: decision in Hylsa II to the Court of (a)(3)(A)). See memorandum to Robert S. Robert M. James at (202) 482–5222, Appeals for the Federal Circuit (Federal LaRussa from Joseph A. Spetrini Antidumping and Countervailing Duty Circuit). However, on November 23, regarding the extension of case Enforcement Group III, Import 1998, the Federal Circuit affirmed the deadline, dated July 30, 1999. Administration, International Trade Court’s July 18, 1997 decision in the This extension is in accordance with Administration, U.S. Department of earlier Wheatland litigation on virtually section 751(a)(3)(A) of the Act (19 Commerce, 14th Street and Constitution identical issues. Wheatland Pipe U.S.C. 1675 (a)(3)(A)). Avenue, NW, Washington, DC 20230. Company versus United States, 161 F.3d Dated: July 30, 1999. Applicable Statute and Regulations: 1365 (Fed. Cir. 1998). Joseph A. Spetrini, Unless otherwise indicated, all citations In light of the Federal Circuit’s Deputy Assistant Secretary, Enforcement to the Tariff Act of 1930, as amended decision in Wheatland, on January 19, Group III. (the Tariff Act), and to the Department’s 1999, all parties moved the Federal [FR Doc. 99–20737 Filed 8–11–99; 8:45 am] regulations are references to the Circuit to dismiss the appeal of Hylsa II. provisions as they existed on December BILLING CODE 3510±DS±P Accordingly, as the Department has 31, 1994. been permanently enjoined from SUPPLEMENTARY INFORMATION: conducting this anticircumvention DEPARTMENT OF COMMERCE inquiry, we are hereby terminating this Background International Trade Administration inquiry. On January 10, 1997, the Department [A±201±805] This notice serves as a reminder to initiated an anticircumvention inquiry parties subject to administrative Certain Circular Welded Non-Alloy in response to allegations that, following protective orders (APO) of their Steel Pipe from Mexico; Termination of publication of the antidumping duty responsibility concerning the Anticircumvention Inquiry order, exporters of standard pipe from disposition of information disclosed Mexico began circumventing the order under APO in accordance with 19 CFR AGENCY: Import Administration, by having pipe intended for use as 353.34(d) (1994). Timely, written International Trade Administration, standard pipe certified as line pipe or notification of the return or destruction Department of Commerce. certified as both line and standard pipe. of APO materials is hereby requested. ACTION: Notice of Termination of Following initiation Hylsa and TUNA Anticircumvention Inquiry. brought suit before the Court (Hylsa, This notice is published in S.A. de. C.V. and Tuberia Naciona´ l, S.A. accordance with section 781(c) of the SUMMARY: On January 10, 1997, in de C.V. v. United States, Court No. 97– Tariff Act (19 U.S.C. 1677j(c)) and 19 response to a request from petitioners in 01–00132) (Hylsa I) challenging the CFR 53.29. this case,1 the Department of Commerce legality of the Department’s Dated: August 5, 1999. (the Department) initiated an inquiry to anticircumvention inquiry, given the Richard O. Weible, determine whether certain imports of (i) Department’s March 1996 negative pipe certified to the American scope determination covering the very Acting Deputy Assistant Secretary for Import Petroleum Institute (API) 5L line pipe merchandise subject to the instant Administration. specifications (API 5L or line pipe) and inquiry. After granting a temporary [FR Doc. 99–20898 Filed 8–11–99; 8:45 am] (ii) pipe certified to both the API 5L line restraining order (TRO) enjoining the BILLING CODE 3510±DS±P pipe specifications and the less- department from proceeding with its investigation, the Court subsequently 1 Petitioners are: Allied Tube & Conduit Corp., vacated this TRO and dismissed the 3 Sawhill Tubular Division of Tex-Tube Co., Century The Federal Circuit affirmed the Court’s Tube Corp., Laclede Steel Co., LTV Tubular dismissal of Hylsa’s and TUNA’s action in Hylsa I Products Co.; Sharon Tube Co., Western Tube & 2 This merchandise, sometimes referred to as on February 12, 1998. See Hylsa. S.A. de C.V. and Conduit Co., Wheatland Tube Co., and CSI Tubular ‘‘dual-stenciled,’’ may also include ‘‘multiple- Tuberia Naciona´ l v. United States, Appeal No. 97– Products, Inc. stenciled’’ pipe. 1270 (Fed. Cir. 1998)

VerDate 18-JUN-99 11:03 Aug 11, 1999 Jkt 183247 PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 E:\FR\FM\A12AU3.157 pfrm07 PsN: 12AUN1 43984 Federal Register / Vol. 64, No. 155 / Thursday, August 12, 1999 / Notices

DEPARTMENT OF COMMERCE August 6, 1999, it is not practicable to information collection should be sent complete these reviews within the time within 30 days of publication to David International Trade Administration limits mandated by section 751(a)(3)(A) Rostker, OMB Desk Officer, Room [A±122±822 and A±122±823] of the Act. 10202, New Executive Office Building, Therefore, in accordance with section 725 17th Street, NW, Washington, DC Certain Corrosion-Resistant Carbon 751(a)(3)(A) of the Act, the Department 20503. is extending the time limits for the Steel Flat Products and Certain Cut-to- Dated: August 6, 1999. Length Carbon Steel Plate From preliminary results 10 days to August Linda Engelmeier, Canada: Extension of Time Limits for 16, 1999. The final results continue to Preliminary Results of Antidumping be due 120 days after the publication of Departmental Forms Clearance Officer, Office of the Chief Information Officer. Administrative Review the preliminary results. [FR Doc. 99–20903 Filed 8–11–99; 8:45 am] Dated: August 6, 1999. AGENCY: Import Administration, BILLING CODE 3510±22±F International Trade Administration, Richard O. Weible, Department of Commerce. Acting Deputy Assistant Secretary for AD/ ACTION: Notice of Extension of Time CVD Enforcement, Group III. DEPARTMENT OF COMMERCE Limits For Preliminary Results of [FR Doc. 99–20897 Filed 8–11–99; 8:45 am] Antidumping Administrative Review. BILLING CODE 3510±DS±P National Oceanic and Atmospheric Administration EFFECTIVE DATE: August 12, 1999. FOR FURTHER INFORMATION CONTACT: Elfi DEPARTMENT OF COMMERCE Notice of Intent To Conduct Blum-Page, Mark Hoadley, or Maureen Emergency Assessment and Flannery, AD/CVD Enforcement, Import National Oceanic and Atmospheric Restoration Planning Administration, International Trade Administration Administration, U.S. Department of [I.D. 080699A] AGENCIES: National Oceanic and Commerce, 14th Street and Constitution Atmospheric Administration (NOAA), Avenue, NW., Washington DC 20230; Submission for OMB Review; Department of Commerce; United States telephone: (202) 482–0197, (202) 482– Comment Request Department of the Interior; and Government of American Samoa. 0666 or (202) 482–3020, respectively. The Department of Commerce (DOC) The Applicable Statute has submitted to the Office of ACTION: Notice of intent to conduct Management and Budget (OMB) for emergency assessment and restoration Unless otherwise indicated, all clearance the following proposal for planning. citations to the statute are references to collection of information under the the provisions effective January 1, 1995, provisions of the Paperwork Reduction SUMMARY: In December 1991, nine the effective date of the amendments Act (44 U.S.C. Chapter 35). vessels grounded on the reefs in Pago made to the Tariff Act of 1930 (the Act) Agency: National Oceanic and Pago Harbor, American Samoa, during by the Uruguay Round Agreements Act. Atmospheric Administration (NOAA). Hurricane ‘‘Val.’’ The U.S. Coast Guard In addition, unless otherwise indicated, Title: Beluga Whale Harvest Report. (USCG) responded, removing an all citations to the Department’s Agency Form Number: None. estimated 10,500 gallons of diesel, lube regulations are to the current OMB Approval Number: 0648–0382. and hydraulic oil. Due in part to recent regulations, codified at 19 CFR Part 351 Type of Request: Extension of a discharges of oil from the vessels, the (1999). currently approved collection. Burden: 5 hours. USCG has determined that an imminent Background Number of Respondents: 10 pollution threat exists and intends to eliminate the risk of pollutant discharge On August 19, 1993, the Department Avg. Hours Per Response: 30 minutes. by removing all fuel oil and other published in the Federal Register (58 Needs and Uses: The National Marine hazardous materials from the vessels. FR 44162) the antidumping duty orders Fisheries Service requires Alaskan The natural resource trustees on certain corrosion-resistant carbon Natives who harvest beluga whales in (‘‘Trustees’’) intend to take emergency steel flat products and certain cut-to- Cook Inlet to report certain information restoration action to minimize length carbon steel plate from Canada. and to submit the labeled jawbones on continuing injuries and prevent Based on timely requests by petitioners the whales taken. The information will additional response related injuries. and respondents in both proceedings, be used to evaluate the health and stability of this stock and to construct a the Department published its initiation DATES: Comments must be submitted in of these antidumping duty management regime that will provide writing on or before September 13, administrative reviews covering the for a sustainable subsistence harvest by 1999. Alaskan Natives. period of August 1, 1997 through July Affected Public: Individuals. ADDRESSES: Jim Hoff, NOAA, National 31, 1998 (63 FR 51893) on September Frequency: On occasion. Ocean Service, Office of Response and 29, 1998. Respondent’s Obligation: Mandatory. Restoration, Silver Spring, MD 20910– Extension of Time Limits for OMB Desk Officer: David Rostker, 3281. (202) 395–3897. Preliminary Results Copies of the above information SUPPLEMENTARY INFORMATION: United Because of the complexities collection proposal can be obtained by States Coast Guard Samoa Longliners enumerated in the Memorandum from calling or writing Linda Engelmeier, Clean Up—In December 1991, nine Joseph A. Spetrini to Robert S. LaRussa, DOC Forms Clearance Officer, (202) foreign-owned fishing vessels grounded Extension of Time Limit for the 482–3272, Department of Commerce, on the reefs in Pago Pago Harbor, Preliminary Results of Antidumping Room 5033, 14th and Constitution American Samoa, during Hurricane Administrative Reviews: Certain Avenue, NW, Washington, DC 20230 (or ‘‘Val.’’ Approximately 1,500 gallons of Corrosion-Resistant Carbon Steel Flat via the Internet at [email protected]). oil was discharged into the surrounding Products and Certain Cut-to-Length Written comments and waters. The USCG responded, removing Carbon Steel Plate From Canada, dated recommendations for the proposed an estimated 10,500 gallons of diesel,

VerDate 18-JUN-99 17:25 Aug 11, 1999 Jkt 183247 PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 E:\FR\FM\12AUN1.XXX pfrm07 PsN: 12AUN1 Federal Register / Vol. 64, No. 155 / Thursday, August 12, 1999 / Notices 43985 lube and hydraulic oil from three of the Dated: August 4, 1999. with Federal oversight. The appeal vessels before suspending operations John Oliver, requested Secretarial review of the due to adverse weather conditions. Director, Management and Budget Office, Board’s decision to (1) move the Bristol Due in part to recent discharges of oil National Ocean Service. Bay red king crab fishing season from from the vessels, the USCG has [FR Doc. 99–20847 Filed 8–11–99; 8:45 am] November 1 to October 15, (2) determined that an imminent pollution BILLING CODE 3510±JE±P implement a 30-day exclusion period threat exists and intends to eliminate when no pot or trawl gear can be fished the risk of pollutant discharge by in Area T before the red king crab removing all fuel oil and other DEPARTMENT OF COMMERCE fishery in that area, and (3) implement hazardous materials (including a 30-day exclusion period when no pot ammonia, asbestos and zinc) from the National Oceanic and Atmospheric Administration or trawl gear can be fished in Area J vessels. To accomplish this, the USCG prior to the C. bairdi Tanner crab fishery proposes to dismantle the vessels to [I.D. 080999F] in that area and include trawl gear in allow access to the double bottom tanks the existing 14-day exclusion period for and remove all of the hazardous Fisheries of the Exclusive Economic C. opilio Tanner crab. materials, oil and oily debris, and other Zone Off Alaska; Crab Interim Action toxic substances. After removal of the Committee Meeting Subsequent to the March 1999 pollutants, the remainder of the vessels meeting, the Board decided to abate the may be left for possible future removal AGENCY: National Marine Fisheries implementation through regulation of by another, as yet unidentified, party. Service (NMFS), National Oceanic and the trawl gear exclusion periods until The USCG response approach is Atmospheric Administration (NOAA), consultation with the North Pacific detailed in the June 28, 1999, Incident Commerce. Fishery Management Council (Council) Action Plan. ACTION: Notice of meeting. and further deliberation. The Board Pursuant to section 1006 of the Oil consulted with the Council during a SUMMARY: Pollution Act and 15 CFR 990.26, the NMFS announces a Crab joint meeting on July 27, 1999. The natural resource trustees intend to take Interim Action Committee (CIAC) Board will decide at an August 6, 1999, meeting to review an appeal of recent emergency restoration action to teleconference meeting whether to Alaska Board of Fisheries (Board) minimize continuing injuries and proceed to implement the trawl gear preseason management decisions to prevent additional response related exclusion periods or continue to abate revise State regulations governing the injuries. The Trustees for this incident this action pending further deliberation are the U.S. Department of Commerce Bering Sea/Aleutian Islands King and Tanner crab fisheries. and consultation with the Council. If the through the National Oceanic and Board continues to abate DATES: The meeting will be held Atmospheric Administration (NOAA); implementation of the exclusion Wednesday, August 11, 1999, from the U.S. Department of the Interior; and periods, the CIAC only will review the 10:00 am to 5:00 p.m., Alaska local time. the Government of American Samoa. Board’s action to change Bristol Bay red The Trustees are designated pursuant to ADDRESSES: The meeting will be held at king crab season. Further abeyance by the National Contingency Plan, 40 CFR the NMFS Regional Office in the Federal the Board on the trawl gear exclusion Sections 300.600 and 300.605. Building, 709 West 9th Street, Room periods would alleviate the urgency for 445, Juneau, AK 99801. During the week of June 28, 1999, the the August 11, 1999, CIAC meeting and Trustees visited the vessel sites to FOR FURTHER INFORMATION CONTACT: the meeting may be rescheduled for a collect baseline data to assist in the Gretchen Harrington, 907–586–7445 later date. evaluation of potential injuries caused (phone), (907) 586–7465 (fax), or by the USCG response, which is [email protected] (e-mail). NMFS invites the public to attend the expected to begin on or about August 1, CIAC meeting to listen to staff SUPPLEMENTARY INFORMATION: An appeal presentations, however, no public 1999. Based on these data and other has been submitted to the Secretary of testimony will be heard. Interested information, the Trustees have Commerce requesting Secretarial review determined that the response will likely of three management decisions made by public should contact NMFS prior to cause natural resource and resource the Board at its meeting in March 1999. August 11, 1999, to confirm the meeting service injuries. The Fishery Management Plan for the date (See ADDRESSES). Injuries that may result from the Bering Sea/Aleutian Islands King and Special Accommodations response will be documented in an Tanner Crabs (FMP) requires the CIAC Emergency Assessment and Restoration to review the appeal prior to action by This meeting is physically accessible Plan being developed by the Trustees. the Secretary. The CIAC has no to people with disabilities. Requests for The objective of this plan will be to authority to grant or reject the appeal, sign language interpretation or other determine appropriate restoration but will comment on the appeal for the auxiliary aids should be directed to alternatives for injuries caused by the benefit of the Secretary. The CIAC will Gretchen Harrington (see FOR FURTHER USCG response. The justification for review the Board’s actions to determine INFORMATION CONTACT) prior to the and extent and nature of emergency whether the management measures workshop date. restoration required will be described adopted by the Board are consistent more fully in the Emergency with the FMP (including compliance Dated: August 9, 1999. Assessment and Restoration Plan. with framework criteria), the Magnuson- Gary C. Matlock, FOR FURTHER INFORMATION CONTACT: For Stevens Fishery Conservation and Director, Office of Sustainable Fisheries, further information contact: Jim Hoff, at Management Act, and other Federal law. National Marine Fisheries Service. (301) 713–3038, ext. 188; or Lelei Peau, The FMP delegates management of [FR Doc. 99–20929 Filed 8–9–99; 4:56 pm] (684) 633–5155, or Sheila Wiegman, at the king and Tanner crab fisheries in BILLING CODE 3510±22±F (684) 633–2304. Federal waters to the State of Alaska,

VerDate 18-JUN-99 17:38 Aug 11, 1999 Jkt 183247 PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 E:\FR\FM\12AUN1.XXX pfrm07 PsN: 12AUN1 43986 Federal Register / Vol. 64, No. 155 / Thursday, August 12, 1999 / Notices

DEPARTMENT OF COMMERCE NMFS and the North Pacific Fishery flathead sole and Greenland turbot. The Management Council (Council). The operator of the participating vessel will National Oceanic and Atmospheric Council’s April 1999 meeting agenda, determine exact fishing locations. Administration which was published in the Federal Fishing operations will start on or about [I.D. 073099B] Register on April 6, 1999 (64 FR 16707), September 3, 1999, and will last 3 to 4 provided public notice of the Council’s weeks. This time line is set to Fisheries of the Exclusive Economic intent to review and consider the EFP accommodate the schedule of NMFS Zone Off Alaska; Groundfish of the and receive testimony from interested personnel associated with the Bering Sea and Aleutian Islands Area; members of the public on the proposed experiment. The effective period for the Exempted Fishing Permit experimental fishing activity. The EFP may be revised to a later time Council endorsed the Groundfish period in 1999 pending prior agreement AGENCY: National Marine Fisheries Forum’s EFP application at its April between the permit holder and the Service (NMFS), National Oceanic and 1999 meeting. Administrator, Alaska Region, NMFS Atmospheric Administration (NOAA), The application requested (Regional Administrator). Commerce. authorization for Groundfish Forum to The experiment authorized under the ACTION: Issuance of an exempted fishing test the accuracy of at-sea observer EFP is comprised of three parts. Part I permit. basket sampling practices, the design will test the accuracy of basket sampling and use of automated species for species composition and part II will SUMMARY: NMFS announces the composition sampling, and the effect of test alternative automated species issuance of exempted fishing permit fish stratification in trawls on size composition methods. These two parts (EFP) 99–03 to Groundfish Forum, Inc. composition sampling. The supporting of the experiment will consist of 30 The EFP authorizes Groundfish Forum experimental design described in the tows each for a total of 60 tows. The to conduct an experiment in the Bering application was developed in desired catch composition of each tow Sea and Aleutian Islands management coordination with the North Pacific in parts I and II is 50 percent or more area (BSAI) that would test the accuracy Groundfish Observer Program, AFSC, flatfish, with flathead sole being the of at-sea observer basket sampling NMFS. NMFS is supportive of predominant flatfish species. In the practices, the design and use of experimentation to assess the accuracy event that the actual catch composition automated species composition of catch composition and accounting is markedly and consistently different sampling, and the effect of fish given the agency’s responsibility to from these desired percentages, stratification in trawls on size monitor and manage total mortality of Groundfish Forum and NMFS personnel composition sampling. This EFP is fishery resources as a result of the will evaluate the actual catch necessary to provide information not fishing activities authorized under the composition’s effect on the experiment otherwise available through research or FMP. Successful completion of the and encourage the participating vessel commercial fishing operations. The experiment could provide data for to find remedies to maintain the quality intended effect of this action is to improvements in observer sampling of of the experiment. Failure to achieve an promote the purposes and policies of catch and facilitate more accurate acceptable catch composition may result the Magnuson-Stevens Fishery accounting of total catch mortality in discontinuation of the experiment. Conservation and Management Act. associated with the commercial North The flathead sole fishery was chosen ADDRESSES: Copies of the EFP and the Pacific groundfish fisheries. for the first two parts of the experiment Environmental Assessment analyzing NMFS currently relies on NMFS- because it is a mixed fishery in which the potential impacts of fishing certified observers to determine species flatfish and roundfish are commonly activities to be conducted under the EFP composition of sampled hauls using caught together in tows; typical tows are are available from the Sustainable standard species composition sampling fairly long (2–3 hours); and typical haul Fisheries Division, Alaska Region, methods. In mixed species fisheries, size is fairly large [around 15 metric NMFS, P.O. Box 21668, Juneau, AK observers onboard trawl vessels tons (mt) on average], but not so large 99802, Attn: Lori Gravel. typically rely on basket samples of fish as to necessarily overwhelm the collected randomly as fish are transfered accounting necessary for the FOR FURTHER INFORMATION CONTACT: from the trawl codend into a holding experiment. Mixed catches, tow Susan Salveson, 907–586–7228. bin (trawl catcher vessels) or as fish are duration, and size of hauls are SUPPLEMENTARY INFORMATION: The transfered from live tanks into the important factors in determining the Fishery Management Plan for the processing line (catcher/processor potential for catch to be stratified when Groundfish Fishery of the Bering Sea vessels). Concern exists that these sampled. Stratification of catch can and Aleutian Islands Area (FMP) species composition sampling adversely affect the quality of observer authorizes the issuance of EFPs for techniques may not accurately reflect data collected under current sampling fishing for groundfish in a manner that the catch composition of an individual procedures. Additional reasons for would otherwise be prohibited under haul. This EFP will provide information selecting the flathead sole fishery are existing regulations. The procedures for not otherwise available through research that it is currently the most issuing EFPs are set out at 50 CFR 679.6 or commercial fishing operations economically viable flatfish fishery for and 600.745(b). because it is not economically feasible the average sized head-and-gut trawl NMFS received the application for for vessels to participate in an catcher/processor vessel and the fishery EFP 99–03 from Groundfish Forum, Inc. experiment of this extent and rigor can be conducted during late summer on March 23, 1999. Groundfish Forum during the fast-paced commercial when weather conditions are amenable is an industry group representing small fisheries. for the experiment. and medium size factory trawlers that The experimental fishery will be Part III of the experiment will assess mainly process head and gut product conducted by one vessel in the BSAI the effect of fish stratification in a haul forms. The Alaska Fisheries Science flathead sole and Greenland turbot on sampling for species size Center (AFSC), NMFS, determined the fisheries. Fishing under the EFP would composition. This portion of the application to be sufficiently complete take place in Bycatch Zone 2 of the experiment will take place immediately to warrant further consideration by Bering Sea in areas normally fished for following the successful completion of

VerDate 18-JUN-99 11:03 Aug 11, 1999 Jkt 183247 PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 E:\FR\FM\A12AU3.159 pfrm07 PsN: 12AUN1 Federal Register / Vol. 64, No. 155 / Thursday, August 12, 1999 / Notices 43987 parts I and II and will rely on a small Existing regulations governing Classification number of tows targeting Greenland retention and release of prohibited The Regional Administrator turbot. This fishery was chosen for part species, as defined at § 679.21(b), will determined that fishing activities III because it presents a reasonable apply to the vessel participating in the conducted under this action would not opportunity for harvesting target species experiment except that no deck-sorting affect endangered and threatened of different sizes. The revenue received of groundfish or prohibited species will species or modify critical habitat in any from the limited harvest of Greenland be allowed during parts I and II of the manner not considered in prior turbot also will support the experiment. Deck-sorting of halibut will consultations on the groundfish participating vessel’s involvement in the be required during Part III of the fisheries. experiment. experiment to reduce halibut bycatch This notice is exempt from review All of the incidental catch amounts of mortality. pollock and Pacific cod harvested in the Groundfish and prohibited species under E.O. 12866. It also is exempt from flatfish fishing activities authorized catch associated with this experiment the Regulatory Flexibility Act (RFA) under the EFP must be retained to will not be deducted from total because prior notice and opportunity for minimize discard amounts, contrary to allowable catch (TAC) or prohibited public comment are not required for this existing regulations that require species bycatch allowances specified for notice. Therefore, the analytical retention of these two species only up the 1999 groundfish fisheries. requirements of the RFA are to a specified maximum retainable catch The participating vessel is required to inapplicable. allowance (§ 679.27). For all other non- carry three NMFS-certified observers. Authority: 16 U.S.C. 1801 et seq. flatfish species, standard maximum Other on-board EFP personnel will Dated: August 6, 1999. include a NMFS scientist and one retainable catch allowances established Gary C. Matlock, in regulations at 50 CFR 679.20 will Groundfish Forum project coordinator. The vessel operator also will need to Director, Office of Sustainable Fisheries, apply based on retained flatfish as the National Marine Fisheries Service. basis species. provide crew members or other The catch of groundfish under this qualified personnel to assist observers [FR Doc. 99–20902 Filed 8-11-99; 8:45 am] EFP must not exceed a total of 925 mt and to carry out the sorting and BILLING CODE 3510±22±F during parts I and II of the experiment weighing of fish prior to discard. NMFS and 342 mt during part III. If these staff have recommended that the authorized amounts are found to be experiment be conducted on a trawl COMMODITY FUTURES TRADING insufficient to fully conduct the catcher/processor vessel used primarily COMMISSION experiment, the applicant must confer to produce headed and gutted product with the Regional Administrator and because the problem of catch Proposed Amendments to Chicago obtain a modification to the EFP stratification is most often associated Board of Trade Corn Futures Contract according to regulations at § 679.6 prior with the fisheries and vessel Regarding the Delivery Listing Cycle to any catch of groundfish in excess of configurations of that sector. AGENCY: Commodity Futures Trading these amounts. Vessel owners interested in Commission. The total catch of Greenland turbot participating in this EFP experiment authorized under all parts of the EFP is must apply through a ‘‘request for ACTION: Notice of availability of limited to the smallest of the following proposals’’ (RFP) process administered proposed amendments to contract terms amounts: (1) An amount equal to 35 by Groundfish Forum. The participating and conditions. percent of the amount of pollock, Pacific vessel will be chosen on the basis of SUMMARY: The Chicago Board of Trade cod, and flatfish other than Arrowtooth how well the vessel’s owners and crew (CBT or Exchange) has proposed flounder caught and retained by the are able to identify creative, workable amendments to the corn futures contract permitted vessel during parts I and II of solutions to the logistical challenges that would list November and January the experiment; (2) the amount of described in the experimental design as additional delivery months. The Greenland turbot caught when a total of developed jointly by NMFS and proposed amendments were submitted 342 mt of groundfish have been caught Groundfish Forum. The selection of a under the Commission’s 45-day Fast during part III of the experiment; or (3) participating vessel will be made Track procedures which provides that, a total of 175 mt of Greenland turbot through a NMFS-directed review of absent any contrary action by the caught at any time during the applications. In the event that more than Commission, the proposed amendments experiment (parts I, II, or III). one vessel equally satisfies the may be deemed approved on September If Pacific halibut bycatch during part requirements in the RFP, the 9, 1999—45 days after the Commission’s III of the EFP exceeds 10.2 mt, fishing participating vessel will be selected by receipt of the proposals. The Acting activities under the EFP must cease and lottery. the experiment will be terminated by The Regional Administrator has Director of the Division of Economic the Regional Administrator. Although approved the EFP application and has Analysis (Division) of the Commission, an upper limit of halibut bycatch equal issued EFP 99–03 to Groundfish Forum acting pursuant to the authority to 10.2 mt is established for part III, the subject to the permit terms and delegated by Commission Regulation halibut bycatch limit likely will not conditions summarized above. Failure 140.96, has determined that publication prevent the harvest of the entire of the permit holder to comply with the of the proposals for comment is in the allowable amount of turbot based on terms and conditions of the EFP may be public interest, will assist the 1997–98 observer data collected on grounds for revocation, suspension, or Commission in considering the views of halibut bycatch rates in the Greenland modification of the EFP under 15 CFR interested persons, and is consistent turbot fishery. Limits on the catch of part 904 with respect to any or all with the purposes of the Commodity prohibited species during parts I and II persons and vessels conducting Exchange Act. of the experiment are not established activities under the EFP. Failure to DATES: Comments must be received on given the objective of the experimental comply with applicable laws also may or before August 27, 1999. design approved by NMFS for this result in sanctions imposed under those ADDRESSES: Interested persons should portion of the experiment. laws. submit their views and comments to

VerDate 18-JUN-99 11:03 Aug 11, 1999 Jkt 183247 PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 E:\FR\FM\A12AU3.159 pfrm07 PsN: 12AUN1 43988 Federal Register / Vol. 64, No. 155 / Thursday, August 12, 1999 / Notices

Jean A. Webb, Secretary, Commodity (202) 418–5100, or via the Internet on DATES: Comments must be received on Futures Trading Commission, Three the CFTC website at www.cftc.gov or before August 27, 1999. Lafayette Centre, 21st Street, NW, under ‘‘What’s New & Pending’’. ADDRESSES: Interested persons should Washington, DC 20581. In addition, Other materials submitted by the CBT submit their views and comments to comments may be sent by facsimile in support of the proposal may be Jean A. Webb, Secretary, Commodity transmission to facsimile number (202) available upon request pursuant to the Futures Trading Commission, Three 418–5521, or by electronic mail to Freedom of Information Act (5 U.S.C. Lafayette Centre, 1155 21st Street NW, [email protected]. Reference should be 552) and the Commission’s regulations Washington, DC 20581. In addition, made to the proposed amendments to thereunder (17 CFR part 145 (1997)), comments may be sent by facsimile the delivery months for the CBT corn except to the extent they are entitled to transmission to facsimile number (202) futures contract. confidential treatment as set forth in 17 418–5521 or by electronic mail to FOR FURTHER INFORMATION CONTACT: CFR 145.5 and 145.9. Requests for [email protected]. Reference should be Please contact John Bird of the Division copies of such materials should be made made to the COMEX FTSE Eurotop 300 of Economic Analysis, Commodity to the FOI, Privacy and Sunshine Act stock index futures and option Futures Trading Commission, Three Compliance Staff of the Office of contracts. Lafayette Centre, 1155 21st Street NW, Secretariat at the Commission’s Washington, DC 20581, telephone (202) headquarters in accordance with 17 CFR FOR FURTHER INFORMATION CONTACT: 418–5274. Facsimile number: (202) 418– 145.7 and 145.8. Please contact Thomas Leahy of the 5527. Electronic mail: [email protected]. Any person interested in submitting Division of Economic Analysis, Commodity Futures Trading SUPPLEMENTARY INFORMATION: The written data, views, or arguments on the Commission, Three Lafayette Centre, existing terms of the CBT corn futures proposed amendments, or with respect 1155 21st Street NW, Washington, DC contract provide for the following to other materials submitted by the CBT, (202) 418–5278. Facsimile number: delivery months: March, May, July, should send such comments to Jean A. (202) 418–5527. Electronic mail: September and December. The Webb, Secretary, Commodity Futures [email protected]. Exchange is proposing to list November Trading Commission, Three Lafayette and January as additional delivery Centre, 1155 21st Street, NW, SUPPLEMENTARY INFORMATION: The months. The CBT intends to apply the Washington, DC 20581 by the specified Exchange requested an abbreviated proposed amendments beginning with date. public comment period of 15 days citing the November 2000 and January 2001 Issued in Washington, DC, on August 9, the similarities between the proposed contract months following its receipt of 1999. contract and the Exchange’s existing notice of Commission approval. In John R. Mielke, FTSE Eurotop 100 futures and option support of the proposed amendments, Acting Director. contracts. In approving the existing the CBT stated that: [FR Doc. 99–20855 Filed 8–11–99; 8:45 am] Eurotop 100 contracts, the Commission determined that those contracts satisfied The proposed amendments to add BILLING CODE 6351±01±M November and January trading months will the requirements of the Accord. In view result in a trading month cycle that better of the contract’s similarities, the fact reflects the harvest and key marketing COMMODITY FUTURES TRADING that the same entity (FTSE) owns and periods for corn. Therefore, November and COMMISSION maintains the Eurotop 100 and the January contracts will increase the harvest Eurotop 300 indexes, and because all and winter marketing hedging effectiveness, Applications of the Commodity the stocks comprising the Eurotop 100 respectively. Furthermore, the preservation Exchange. Inc. Division of the New are included in the Eurotop 300, the of the December contract allows a temporary York Mercantile Exchange for Division believes that the abbreviated transition period. Designation as a Contract Market in 15-day comment period requested by ** * The Exchange will monitor the FTSE Eurotop 300 Stock Index Futures activity in the November, December, and the Exchange is appropriate. January contracts to determine which and Options Copies of the terms and conditions contracts the market prefer. Based on that AGENCY: Commodity Futures Trading will be available for inspection at the information and the performance of the new Commission. Office of the Secretariat, Commodity Illinois River delivery system, the Exchange Futures Trading Commission, Three ACTION: Notice of availability of terms will consider whether further changes in the Lafayette Centre, 1155 21st Street NW, and conditions of proposed commodity Corn futures trading months are needed. The Washington, DC 20581. Copies of the futures and options contracts. December contract is listed through 2001. terms and conditions can be obtained ** * The addition of the November Corn contract reflects historical U.S. harvest data SUMMARY: The Commodity Exchange, through the Office of the Secretariat by showing 89 percent of the harvest completed Inc. Division of the New York mail at the above address or by phone by November 15th * * * In addition, the Mercantile Exchange (COMEX or at (202) 418–5100. January Corn contract represents the mid- Exchange) has applied for designation Other materials submitted by the month in the busiest three month period of as a contract market in FTSE Eurotop COMEX in support of the applications corn shipments on the Illinois River * ** 300 stock index futures and options. for contract market designation may be The Commission requests comment The Acting Director of the Division of available upon request pursuant to the on the proposed amendments. Economic Analysis (Division) of the Freedom of Information Act (5 U.S.C. Copies of the proposed amendments Commission, acting pursuant to the 552) and the Commission’s regulations will be available for inspection at the authority delegated by Commission thereunder (17 CFR part 145 (1997)), Office of the Secretariat, Commodity Regulation 140.96, has determined that except to the extent they are entitled to Futures Trading Commission, Three publication of the proposals for confidential treatment as set forth in 17 Lafayette Centre, 1155 21st Street NW, comment is in the public interest, will CFR 145.5 and 145.9. Requests for Washington, DC 20581. Copies of the assist the Commission in considering copies of such materials should be made proposed amendments can be obtained the views of interested persons, and is to the FOI, Privacy and Sunshine Act through the Office of the Secretariat by consistent with the purposes of the Compliance Staff of the Office of the mail at the above address, by phone at Commodity Exchange Act. Secretariat at the Commission’s

VerDate 18-JUN-99 11:03 Aug 11, 1999 Jkt 183247 PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 E:\FR\FM\A12AU3.117 pfrm07 PsN: 12AUN1 Federal Register / Vol. 64, No. 155 / Thursday, August 12, 1999 / Notices 43989 headquarters in accordance with 17 CFR purposes of the Commodity Exchange session before the effective date of the 145.7 and 145.8. Act. rules, the trader would hold a short Any person interested in submitting DATES: Comments must be received on position of 40 contracts at the beginning written data, views, or arguments on the or before August 27, 1999. of the next session. The total value of proposed terms and conditions, or with ADDRESSES: Interested persons should the position would be unchanged since respect to other materials submitted by submit their views and comments to each old position based on 864 MWhs the COMEX, should send such Jean A. Webb, Secretary, Commodity would be converted to two positions comments to Jean A. Webb, Secretary, Futures Trading Commission, Three based on 432 MWhs which is an Commodity Futures Trading Lafayette Centre, 21st Street, NW., equivalent MWh total.’’ Commission, Three Lafayette Centre, Washington, DC 20581. In addition, The Division requests comment on 1155 21st Street NW, Washington, DC comments may be sent by facsimile the proposed amendments. In addition, 20581 by the specified date. transmission to facsimile number (202) the Division requests comment on the 418–5521, or by electronic mail to Issued in Washington, DC, on August 9, Exchange proposal to apply the 1999. [email protected]. Reference should be made to the proposed amendments to amendments to certain existing contract John Mielke, months, as noted above. Acting Director. contract size and price limits of the Copies of the proposed amendments [FR Doc. 99–20854 Filed 8–11–99; 8:45 am] NYMEX California-Oregon-Border and Palo Verde electricity futures contracts. will be available for inspection at the BILLING CODE 6351±01±M FOR FURTHER INFORMATION CONTACT: Office of the Secretariat, Commodity Please contact Joseph Storer of the Futures Trading Commission, Three COMMODITY FUTURES TRADING Division of Economic Analysis, Lafayette Centre, 21st Street NW, COMMISSION Commodity Futures Trading Washington, DC 20581. Copies of the Commission, Three Lafayette Centre, proposed amendments can be obtained Proposed Amendments to New York 1155 21st Street NW., Washington, DC through the Office of the Secretariat by Mercantile Exchange California- 20581, telephone (202) 418–5282. mail at the above address, by phone at Oregon-Border and Palo Verde Facsimile number: (202) 418–5527. (202) 418–5100, or via the Internet on Electricity Futures Contracts Electronic mail: [email protected]. the CFTC website at www.cftc.gov Regarding the Contract Size, Hourly SUPPLEMENTARY INFORMATION: The under ‘‘What’s New & Pending’’. Rate of Delivery, Price Limits and Exchange justified the proposals by Other materials submitted by the Related Provisions stating that: NYMEX in support of the proposal may These rule changes [to the contract size] AGENCY: be available upon request pursuant to Commodity Futures Trading are being proposed in order to provide more Commission. consistency between the futures and cash the Freedom of Information Act (5 ACTION: Notice of availability of markets. Currently the standard cash market U.S.C. 552) and the Commission’s proposed amendments to contract terms transaction requires a delivery rate of 25 MW. regulations thereunder (17 CFR part 145 and conditions. Since the delivery rate of many cash market (1987)), except to the extent they are contracts is not divisible by two 2 MW—the entitled to confidential treatment as set delivery rate of the futures contract—it is SUMMARY: The New York Mercantile difficult to use the futures contracts for forth in 17 CFR 145.5 and 145.9. Exchange (NYMEX or Exchange) has hedging. A delivery rate of 1 MW would Requests for copies of such materials proposed amendments to the California- allow traders to more precisely hedge with 25 should be made to the FOI, Privacy and Oregon-Border and Palo Verde futures contracts per standard cash market Sunshine Act Compliance Staff of the electricity futures contracts that would transaction. Office of Secretariat at the Commission’s halve both the hourly rate of delivery, These changes [to the price limit headquarters in accordance with 17 CFR provisions] help to ensure that futures market to one megawatt per hour from two 145.7 and 145.8. megawatts per hour, and the contract prices are able to reflect cash market pricing by not subjecting them to artificial price Any person interested in submitting size, to 432 megawatt hours (MWhs) constraints at times when the market is from 864 MWhs. In addition, the written data, views, or arguments on the reacting to fundamental changes in the proposed amendments, or with respect Exchange proposes conforming supply/demand balance. Rule language amendments to halve the specified identical to the language proposed in this to other materials submitted by the monthly delivery-unit amounts (based submission has already been approved by the NYMEX, should send such comments to on the number of on-peak delivery days Commission for the Exchange’s Cinergy, Jean A. Webb, Secretary, Commodity in the month) to reflect the reduced Entergy and PJM contracts. Futures Trading Commission, Three contract size. In addition, for both The NYMEX stated in its submission Lafayette Centre, 1155 21st Street NW, contracts, the Exchange proposes certain that it plans to make the amendment Washington, DC 20581 by the specified modifications to the price limit effective 60 days following notice of date. provisions, including setting a uniform Commission approval for application to Issued in Washington, DC, on August 9, price limit of $10 per MWh expandable existing and newly listed months. 1999. to $20 and $30 per MWh following a Exchange staff indicated that the John Mielke, trading halt(s). The Acting Director of planned implementation date is the Division of Economic Analysis November 1, 1999. According to the Acting Director. (Division) of the Commission, acting Exchange, ‘‘implementation for [FR Doc. 99–20856 Filed 8–11–99; 8:45 am] pursuant to the authority delegated by contracts with open interest would be BILLING CODE 6351±01±M Commission Regulation 140.96, has executed between trading sessions and determined that publication of the all open positions will be split so that proposals for comment is in the public any open positions would be converted interest, will assist the Commission in to two open positions. For example, if considering the views of interested a trader held a short position of 20 persons, and is consistent with the contracts at the end of the trading

VerDate 18-JUN-99 11:03 Aug 11, 1999 Jkt 183247 PO 00000 Frm 00015 Fmt 4703 Sfmt 4703 E:\FR\FM\A12AU3.122 pfrm07 PsN: 12AUN1 43990 Federal Register / Vol. 64, No. 155 / Thursday, August 12, 1999 / Notices

CONSUMER PRODUCT SAFETY Parties against Cadet, seeking a determination that COMMISSION 1. The ‘‘staff’’ is the staff of the Consumer certain of the Heaters present a substantial Product Safety Commission (‘‘CPSC’’ or ‘‘the product hazard within the meaning of [CPSC Docket No. 99±C0007] Commission’’), an independent regulatory Section 15(a)(2) of the CPSA, 15 U.S.C. agency of the United States of America, 2064(a)(2), and public notice and a recall of Consolidated Electrical Distributors, established by Congress pursuant to Section certain of the Heaters pursuant to Sections Inc., a Domestic Corporation, 4 of the Consumer Product Safety Act 15(c) and (d) of the CPSA, 15 U.S.C. 2064(c) Provisional Acceptance of a (‘‘CPSA’’), 15 U.S.C. 2053, as amended. and (d). The Complaint alleged that certain Settlement Agreement and Order 2. Respondent Consolidated Electrical of the Heaters are defective and present a Distributors, Inc. (‘‘CED’’) is a corporation substantial product hazard within the AGENCY: Consumer Product Safety organized and existing under the laws of the meaning of Section 15(a)(2) of the CPSA, 15 Commission. State of Delaware, with its principal place of U.S.C. 2064(a)(2), because their design and/ or manufacture causes them to overheat, fail, ACTION: Notice. business located at 31356 Via Colinas, Westlake Village, California 91362. CED is a and catch fire; and/or allows lint, dirt, or SUMMARY: It is the policy of the distributor of electrical materials and debris to build up within the heaters and Commission to publish settlements products. catch fire. The Complaint also alleged that which it provisionally accepts under the the design of certain of the Heaters can cause Subject Matter the Heaters to spew flames and/or burning or Consumer Product Safety Act in the 3. Since approximately 1978, Cadet has molten particles, or eject sparks into the Federal Register in accordance with the allegedly manufactured, sold and/or living space of a home or residence, or terms of 16 CFR 1115.20(b)(4). distributed in commerce in-wall electric energize the Heaters creating a risk of electric Published below is a provisionally- heaters for use in homes and residences shock. The staff has agreed with Cadet to the accepted Settlement Agreement with under the brand names ‘‘Cadet’’ and terms of a corrective action plan for Consolidated Electrical Distributors, ‘‘Encore.’’ These include all models and notification to consumers and for the Inc., containing a civil penalty of variants within each model of the series FW replacement of the Heaters (‘‘the Corrective $1,500,000. (including models FW–051, FW–101, FW– Action Plan’’ or ‘‘the Plan’’). The Corrective 122, FW–202, and FW–751), manufactured Action Plan is incorporated in a Consent DATES: Any interested person may ask between 1978 and 1987; series FX (including Agreement and Order between Cadet and the the Commission not to accept this models FX–051, FX–052, FX–071, FX–072, staff, which was executed by Cadet on June agreement or otherwise comment on it FX–101, FX–102, FX–122, FX–151, FX–152, 17, 1999 and executed by the staff on June contents by filing a written request with FX–202, FX–242), manufactured between 18, 1999, and will be submitted to the the Office of the Secretary by August 27, 1985 and 1994; series LX (including models Commission for final approval. 1999. LX–242, LX–302, LX–402, and LX–482), manufactured between 1985 and 1994; series Agreement of the Parties ADDRESSES: Persons wishing to TK (including models TK–051, TK–071, TK– 5. It is the express purpose of the parties comment on this Settlement Agreement 072, TK–101, TK–102, TK–151, and TK–152), entering this Consent Agreement to protect should send written comments to the manufactured between 1984 and 1998; series the public safety by assisting Cadet’s recall Comment 99–C0007, Office of the ZA (including models ZA–051, ZA–052, ZA– and replacement of the Heaters. Secretary, Consumer Product Safety 071, ZA–072, ZA–101, ZA–102, ZA–122, 6. Fulfillment of the terms of this Consent Commission, Washington, DC 20207. ZA–151, ZA–152, ZA–202, and ZA–242), Agreement and the attached Order FOR FURTHER INFORMATION CONTACT: manufactured between 1985 and 1994; series (hereinafter ‘‘Order’’ or ‘‘the Order’’), which Howard N. Tarnoff, Trial Attorney, Z (including models ZA–072, ZA–101, ZA– is hereby incorporated by reference, shall 102, ZA–151, ZA–152, ZA–202, and ZA– resolve all potential obligations of CED (and Office of Compliance and Enforcement, 208), manufactured between 1993 and 1999; each of CED’s predecessors, successors, Consumer Product Safety Commission, and all series and models of the same or assigns, parents, subsidiaries, affiliated Washington, DC 20207; telephone (301) functionally identical heaters manufactured entities, agents, representatives, attorneys, 504–0626, 1346. and distributed by Cadet under the Encore employees, officers, directors, stockholders, SUPPLEMENTARY INFORMATION: The text of brand name, including series RX (including and principals) (collectively ‘‘the CED the Agreement and Order appears models RX–072, RX–101, RX–102, RX–151, Releasees’’) under Section 15(c) and (d) of the below. RX–152, RX–202, and RX–242), CPSA, 15 U.S.C. 2064(c) and (d), to give manufactured between 1985 and 1994; series public notice of the alleged hazard presented Dated: August 5, 1999. RLX (including models RLX–302, RLX–402, by the Heaters, and to repair, replace, or Sadye E. Dunn, and RLX–482) manufactured between 1985 refund the purchase price of the Heaters. Secretary. and 1994; series RK (including models RK– Fulfillment of the terms of this Consent 101 and RK–102), manufactured between Agreement and Order shall also resolve all UNITED STATES OF AMERICA 1984 and 1998; series RA (including models potential obligations and liabilities of the RA–101, RA–102, RA–151, RA–152, RA– Consumer Product Safety Commission CED Releasees for all other claims and causes 202), manufactured between 1985 and 1994; of action which could have been alleged by In the Matter of Consolidated Electrical and series ZC (including models ZC–072, the CPSC against the CED Releasees relating Distributors, Inc.; Respondent ZC–101, ZC–102, ZC–151, ZC–152, ZC–202, to the Heaters, based upon information CPSC DOCKET NO. 99–C0007 and ZC–208), manufactured between 1993 known to the CPSC, or otherwise in the and 1999. For each of these heaters, the CPSC’s possession, at the time the CPSC staff Consent Agreement variants signified by the suffix T (with signs this Consent Agreement. Nothing in This Consent Agreement is made by and thermostat), W (white color), and TW (with this Paragraph 6 is intended to limit the between the staff of the Consumer Product thermostat and white color) found after the CPSC’s rights under Paragraph 21 of this Safety Commission, and Consolidated model number are included. All the heaters Consent Agreement. Electrical Distributors, Inc., a domestic and variants referred to in this paragraph 7. The staff believes that this Consent corporation, to settle the staff’s allegations shall hereinafter be collectively referred to as Agreement and Order is an equitable that Consolidated Electrical Distributors, Inc., ‘‘the Heaters.’’ The Heaters were sold and/or resolution of consumer claims against CED distributed in commerce certain allegedly distributed to consumers principally in the for replacement heaters, and the staff has defective in-wall electric heaters States of California, Idaho, Montana, Oregon, concluded that the Corrective Action Plan, manufactured by Cadet Manufacturing and Washington. Since approximately 1978, and CED’s participation in that Plan, will Company (‘‘Cadet’’), a domestic corporation, CED has allegedly sold and/or distributed provide an effective, fair, reasonable and with its principal place of business located certain of the Heaters in commerce. adequate remedy for consumers throughout at 2500 West Fourth Plain Boulevard, 4. On January 14, 1999, the staff filed an the United States who own or are otherwise Vancouver, Washington 98660. Administrative Complaint (‘‘Complaint’’) exposed to the heaters by notifying

VerDate 18-JUN-99 11:03 Aug 11, 1999 Jkt 183247 PO 00000 Frm 00016 Fmt 4703 Sfmt 4703 E:\FR\FM\A12AU3.075 pfrm07 PsN: 12AUN1 Federal Register / Vol. 64, No. 155 / Thursday, August 12, 1999 / Notices 43991 consumers of the alleged hazard and 16. For all purposes, the Consent 21. The CPSC, at its sole discretion and providing replacement heaters to them, and Agreement and Order shall constitute an upon reasonable notice to the staff and CED, that this Agreement is, therefore, in the best enforceable judgment obtained in an action may void, suspend, or rescind all, or any interests of consumers. or proceeding by a governmental unit to part, of this Consent Agreement and Order if, 8. This Consent Agreement and Order shall enforce its police and regulatory power. CED in CED’s letter to the staff dated March 10, not be deemed or construed as an admission acknowledges and agrees that this Consent 1999, CED materially and knowingly by CED or as evidence: (a) Of any violation Agreement and Order are pursuant to the misrepresented the dollar amount of the of law or regulation by CED; (b) of other CPSC’s police and regulatory power to products it purchased from Cadet from 1989 wrongdoing by CED; (c) that the Heaters are remedy the alleged risk created by the through 1998, or if CED and Cadet have not defective, create a substantial product Heaters, and that, once CED signs the executed the CED/Cadet Settlement hazard, or are unreasonably dangerous; or (d) Consent Agreement and Order, the Consent Agreement referred to in Paragraph 20 of this of the truth of any claims or other matters Agreement and Order will not be subject to Consent Agreement. In no event shall a alleged or otherwise stated by the CPSC or an automatic stay in any bankruptcy default by Cadet under the CED/Cadet any other person either against CED or with proceeding involving CED. Settlement Agreement or any termination respect to the Heaters. Except as specifically 17. CED acknowledges that any interested resulting from a default by Cadet affect the set forth in Paragraphs 9, 10, and 11, below, person may bring any action pursuant to CPSC’s and CED’s rights and obligations CED does not admit the factual allegations Section 24 of the CPSA, 15 U.S.C. 2073, in under this Consent Agreement and Order. and other statements, or any conclusions of the United States District Court in which Notwithstanding the provisions of Paragraph law, as alleged or otherwise stated in the CED is found or transacts business, to enforce 32 of this Consent Agreement, the CPSC may Complaint or this Consent Agreement and the Order and to obtain appropriate exercise its rights under this Paragraph 21 Order which relate to the Heaters. injunctive relief. within, and not later than, three (3) years 9. The Heaters are ‘‘consumer products’’ 18. This Consent Agreement and Order after the date on which the CPSC finally within the meaning of Section 3(a)(1) of the shall be binding upon and inure to the accepts this Consent Agreement and enters CPSA, 15 U.S.C. 2052(a)(1). benefit of the parties hereto and their the Order. 10. CED is a ‘‘distributor’’ of ‘‘consumer successors, assigns, and any operating 22. If any provision of this consent product[s],’’ which are ‘‘distributed in bankruptcy trustees or receivers. If, prior to Agreement and Order is held to be illegal, commerce,’’ as those terms are defined in the termination of this Consent Agreement invalid, or unenforceable under present or Sections 3(a)(1), (5), and (11) of the CPSA, 15 and Order, CED merges with any other future laws effective during the term of this U.S.C. 2052(a)(1), (5), and (11). business entity or sells, assigns, or otherwise Consent Agreement and Order, such 11. The CPSC has jurisdiction over CED transfers substantially all of its assets, CED provision shall be fully severable. In such and the Heaters under Sections 3(a)(1), (5), shall provide reasonable prior notice to the event, there shall be added as part of this and (11) and Section 15 of the CPSA, 15 surviving corporation or to the purchaser, consent Agreement and Order a provision as U.S.C. 2052(a)(1), (5), and (11) and § 2064. assignee, or transferee of substantially all of similar in terms to such illegal, invalid, or 12. For purposes of this settlement only, CED’s assets, of this Consent Agreement and unenforceable provision as may be possible CED agrees not to contest the staff’s Order, and of its binding effect upon said and be legal, valid, and enforceable. The allegation, which CED denies, that the surviving corporation, purchaser, assignee, or effective date of the added provision shall be Heaters contain a ‘‘defeat which creates a transferee. The existence of this Consent the date upon which the prior provision was substantial product hazard,’’ as those terms Agreement and Order and its binding effect held to be invalid, illegal, or unenforceable. are defined in Section 15(a) of the CPSA, 15 shall be noted in any agreement between CED the rest of the Consent Agreement and Order U.S.C. 2064(a). and such surviving corporation, purchaser, shall remain in full effect, unless the CPSC 13. Upon final acceptance by the CPSC of assignee, or transferee. It shall be a condition determines, after providing CED with notice this Consent Agreement and Order, CED of any such merger, sale, assignment, or and a reasonable opportunity to comment, knowingly, voluntarily, and completely transfer that the surviving corporation or the that severing the provision materially waives and relinquishes any past, present, purchaser, assignee, or transferee shall impacts the Corrective Action Plan or and/or future right or rights in this matter execute a document agreeing to be bound by remediation program set forth in this Consent captioned In the Matter of Consolidated the provisions of this Consent Agreement and Agreement and Order. The CPSC Electrical Distributors, Inc., CPSC Docket No. Order and shall submit to the jurisdiction of determination shall constitute the final 99–C0007: (a) To an administrative or the CPSC for purposes of enforcement of this agency decision and shall be subject to judicial hearing and to all further procedural Consent Agreement and Order. In the event judicial review, such review to be based steps—including findings of fact and of any merger, sale, assignment, or transfer of upon the record of any such CPSC conclusions of law—to determine whether substantially all of CED’s assets, CED shall proceeding and according to law. the Heaters contain a defect which creates a provide written notice to the staff at least 23. This Consent Agreement and Order substantial product hazard within the sixty (60) days prior to any such merger, asset have been negotiated by the parties. CED is meaning of Section 15 of the CPSA; (b) to sale, assignment, or transfer. not relying on the advice of the staff, nor seek judicial review or otherwise challenge 19. The CPSC, the staff, and/or CED may anyone associated with the staff, as to legal, or contest the validity of this Consent disclose terms of this Consent Agreement and tax, or other consequences of any kind Agreement and Order as issued and entered; Order to the public. arising out of this Consent Agreement and (c) to seek judicial review of this or any past 20. The staff is entering into this Consent Order, and CED specifically assumes the risk orders, findings, and/or determinations of the Agreement and Order upon reliance on CED’s of all legal, tax, and other consequences. CPSC in this matter, except as set forth in representation that CED and Cadet have 24. CED acknowledges that this Consent Paragraphs 22 and 25 of this Consent executed a settlement agreement dated June Agreement and Order have been negotiated Agreement; and (d) to file any claim or to 22, 1999 (‘‘the CED/Cadet Settlement between unrelated, sophisticated, and seek any remedy under the Equal Access to Agreement’’) that provides, inter alia: (a) For knowledgeable parties acting in their own Justice Act. the payment by CED to Cadet, subject to the self-interest and represented by counsel, and 14. The Order is issued under Sections terms of the CED/Cadet Settlement the provisions of this Consent Agreement and 15(c) and (d) of the CPSA, 15 U.S.C. 2064(c) Agreement, of Six Hundred and Fifty-One Order shall not be interpreted or construed and (d), and a violation of this Consent Thousand Dollars ($651,000) in satisfaction against any person or entity because that Agreement and Order is a prohibited act of CED’s pre- and post-bankruptcy petition person or entity or any of its attorneys or within the meaning of Section 19(a)(5) of the accounts receivable debts claimed by Cadet; representatives drafted or participated in CPSA, 15 U.S.C. 2068(a)(5), and may subject and (b) for CED to purchase Two Million drafting this Consent Agreement and Order. CED to civil and/or criminal penalties under Dollars ($2,000,000) worth of products from 25. The provisions of this Consent Sections 20 and 21 of the CPSA, 15 U.S.C. Cadet, at market prices, over the next two Agreement and Order shall be interpreted in 2069 and 2070. years following the effective date of this a reasonable manner to effect its purpose to 15. The parties agree to fulfill all Consent Agreement and Order, subject to the remedy the alleged hazard that the Heaters requirements of this Consent Agreement and terms and conditions of the CED/Cadet pose and to resolve potential claims by the Order. Settlement Agreement. CPSC against CED with respect to the

VerDate 18-JUN-99 11:03 Aug 11, 1999 Jkt 183247 PO 00000 Frm 00017 Fmt 4703 Sfmt 4703 E:\FR\FM\A12AU3.077 pfrm07 PsN: 12AUN1 43992 Federal Register / Vol. 64, No. 155 / Thursday, August 12, 1999 / Notices

Heaters. In the event of a dispute between the Agreement solely to satisfy Cadet’s claims account’’), the sum of ONE MILLION FIVE parties arising under this Consent Agreement against CED for pre- and post-bankruptcy HUNDRED THOUSAND DOLLARS and Order, the parties agree to submit the petition accounts receivable debts claimed by ($1,500,000), according to the following dispute to non-binding arbitration by a panel Cadet. No payment made pursuant to or schedule: of three arbitrators, according to the rules of referred to in this Consent Agreement and a. TWO HUNDRED AND FIFTY the American Arbitration Association then in Order is a fine or other penalty paid with THOUSAND DOLLARS ($250,000) upon the effect. The CPSC and CED shall each have the respect to any violation of any law or CPSC’s final acceptance of this Order. right to select one arbitrator, and shall jointly regulation. Payment hereunder does not b. FIVE HUNDRED THOUSAND DOLLARS select the third arbitrator. If the CPSC and constitute, nor shall it be construed or treated ($500,000) on or before the later of August 1, CED are unable to agree on the selection of as, payment in lieu of a fine or other penalty, 1999, or upon the CPSC’s final acceptance of the third arbitrator, that arbitrator shall be punitive recovery, or forfeiture. this Order. selected by the American Arbitration 34. Each party shall cooperate fully to c. FIVE HUNDRED THOUSAND DOLLARS Association. Either party may institute an implement its obligation under the terms and ($500,000) on or before the later of October action, following the non-binding decision conditions of this Consent Agreement and 1, 1999, or upon the CPSC’s final acceptance rendered by the arbitration panel, in the Order. of this Order. United States District Court for the District 35. The parties have executed two (2) d. TWO HUNDRED AND FIFTY Court for the District of Columbia. identical copies of this Consent Agreement THOUSAND DOLLARS ($250,000) on or Notwithstanding the foregoing, neither the and the two copies shall be treated as one arbitrators nor the CPSC shall have authority before the later of December 1, 1999, or upon and the same executed Consent Agreement. the CPSC’s final acceptance of this Order. to resolve dispute arising under the CED/ Dated: July 19, 1999. Cadet Settlement Agreement, including but 5. CED shall pay into the escrow account Howard N. Tarnoff, Trial Attorney, not limited to those provisions referred to in a contingent contribution of an additional Magaret H. Plank, Trial Attorney Paragraph 20, above, nor may any rights or FIVE DOLLARS ($5.00) for every heater in obligations arising out of the CED/Cadet Eric L. Stone, Director, Legal Division, Alan excess of two hundred and fifty thousand Settlement Agreement be enforced through H. Schoem, Assistant Executive, Director, (250,000) heaters ordered by consumers this Consent Agreement and Order. Office of Compliance, U.S. Consumer under the Consent Agreement and Order 26. The existence of a dispute between the Product Safety Commission, 4330 East West between Cadet and the staff executed by staff and CED over any provision of this Highway, Bethesda, MD 20814, Telephone: Cadet on June 17,1999 and by the staff on Consent Agreement and Order shall not (301) 504–0626 June 18, 1999 (the ‘‘Cadet Consent Agreement excuse, toll, or suspend any obligation or Dated July 19, 1999. and Order’’); provided, CED’s contingent deadline imposed upon CED or the staff Blake A. Biles, Esq., Jamellah L. Braddock, contribution shall be capped at FIVE under this Consent Agreement and Order, Esq., Arnold & Porter, 555 Twelfth Street, HUNDRED THOUSAND DOLLARS other than the specific provisions in dispute. NW, Washington, DC 20004–1206, ($500,000), and in no event shall CED be 27. This Consent Agreement and Order Telephone: (202) 942–5836 required to make more than one contingent shall not be waived, changed, amended, Counsel for Respondent, Consolidated contribution payment. CED shall pay its modified, or otherwise altered, except in Electrical Distributors, Inc. contingent contribution within fifteen (15) writing executed by the parties and approved H. Dean Bursch, President & Chief Executive days of CED’s receipt of written notice from by the CPSC. Officer, Consolidated Electrical Distributors, the staff either: (a) That consumers have 28. This Consent Agreement and Order Inc. ordered at least 350,000 total replacement contain the entire agreement, understanding, heaters under the Cadet Consent Agreement representation, and interpretation of the Order and Order; or (b) specifying the number of parties herein, and nothing else may be used Upon Consideration of the Consent replacement heaters in excess of 250,000 to vary or contradict its terms. Agreement entered into between Respondent ordered by consumers within twenty-four 29. CED and the staff consent to the entry Consolidated Electrical Distributors, Inc. (24) months after the Effective Date of the of the Order attached hereto. (‘‘CED’’) and the staff of the Consumer Cadet Consent Agreement and Order. 30. Upon provisional acceptance of this Product Safety Commission (‘‘the staff’’) 6. The monetary payments referred to in Consent Agreement and Order by the CPSC, (collectively ‘‘the parties’’); and Paragraphs 4 and 5, above, may be this Consent Agreement and Order shall be The Consumer Product Safety Commission distributed by the CPSC to offset expenses placed on the public record and shall be (‘‘CPSC’’ or ‘‘the Commission’’) having directly related to Cadet’s CPSC-approved published in the Federal Register in jurisdiction over the subject matter and CED; Corrective Action Plan. accordance with the procedures set forth in It is hereby ordered that: 7. In addition to any penalty it may incur 16 CFR 1115.20(b)(4). If the CPSC does not 1. The Consent Agreement between CED pursuant to Paragraph 14 of the Consent receive any written request not to accept this and the staff is incorporated herein by Agreement, if CED fails to make timely Consent Agreement and Order within fifteen reference and accepted, and CED shall contributions to the escrow account, as (15) calendar days, this Consent Agreement comply with all obligations of the Consent required by Paragraphs 4 and 5 of this Order, and Order shall be deemed finally accepted Agreement and this Order. CED shall be liable for additional on the twentieth (20th) calendar day after the 2. Based on the Consent Agreement, the contributions to the escrow account. Such date it is published in the Federal Register, CPSC finds that the Consent Agreement and additional contributions shall include the in accordance with 16 CFR 1115.20(b)(5). this Order are necessary to protect the public following: 31. Upon final acceptance by the CPSC of from the alleged hazard presented by Cadet’s a. Interest at the percentage rate established this Consent Agreement and Order, the CPSC series FW, FX, LX, TK, ZA, and Z in-wall by the Department of the Treasury pursuant shall issue the incorporated Order. This electric heaters, and the functionally Consent agreement and Order shall become identical heaters manufactured and to 31 U.S.C. 3717, for any period after the effective upon service of the signed Order distributed by Cadet under the Encore brand due date; and upon CED. name, including series RX, RLX, RK, RA, and b. A five percent (5%) per month penalty 32. CED’s obligations under this Consent ZC. These heaters shall hereinafter be charge if the deposit is not made within Agreement and Order shall terminate when collectively referred to as ‘‘the Heaters.’’ thirty (30) days after the due date. CED makes the final payment required under 3. CED shall immediately cease and desist Provisionally accepted and Provisional Order Paragraphs 4 and 5 of the Order. offering for sale and/or distributing in issued on the 5th day of August, 1999. 33. CED makes the monetary payments commerce any of the Heaters, whether by By order of the Commission. described in Paragraphs 4 and 5 of the Order itself or through its subsidiaries, affiliates, Sadye E. Dunn, solely as restitution to fund the Corrective CED-owned distribution centers, or any other Secretary, Consumer Product Safety Action Plan and thereby to settle claims persons or entities over whom CED has Commission. arising out of its alleged distribution of the control. Heaters. CED makes the monetary payment 4. CED shall pay into a staff-designated, [FR Doc. 99–20803 Filed 8–11–99; 8:45 am] described in paragraph 20 of this Consent interest-bearing escrow account (‘‘the escrow BILLING CODE 6355±01±M

VerDate 18-JUN-99 11:03 Aug 11, 1999 Jkt 183247 PO 00000 Frm 00018 Fmt 4703 Sfmt 4703 E:\FR\FM\A12AU3.079 pfrm07 PsN: 12AUN1 Federal Register / Vol. 64, No. 155 / Thursday, August 12, 1999 / Notices 43993

DEPARTMENT OF DEFENSE SUMMARY: The Department of Defense is Representatives, Transmittal 99–30, publishing the unclassified text of a with attached transmittal, policy Office of the Secretary section 36(b)(1) arms sales notification. justification, and Sensitivity of This is published to fulfill the Technology. [Transmittal No. 99±30] requirements of section 155 of Pub. L. 104–164 dated 21 July 1996. Dated: August 6, 1999. 36(b)(1) Arms Sales Notification L.M. Bynum, FOR FURTHER INFORMATION CONTACT: Ms. AGENCY: Defense Security Cooperation J. Hurd, DSCA/COMPT/RM, (703) 604– Alternate OSD Federal Register Liaison Agency, Department of Defense. 6575. Officer, Department of Defense. The following is a copy of a letter to ACTION: Notice. BILLING CODE 5001±10±M the Speaker of the House of

VerDate 18-JUN-99 11:03 Aug 11, 1999 Jkt 183247 PO 00000 Frm 00019 Fmt 4703 Sfmt 4703 E:\FR\FM\A12AU3.004 pfrm07 PsN: 12AUN1 43994 Federal Register / Vol. 64, No. 155 / Thursday, August 12, 1999 / Notices

VerDate 18-JUN-99 11:03 Aug 11, 1999 Jkt 183247 PO 00000 Frm 00020 Fmt 4703 Sfmt 4725 E:\FR\FM\A12AU3.004 pfrm07 PsN: 12AUN1 Federal Register / Vol. 64, No. 155 / Thursday, August 12, 1999 / Notices 43995

VerDate 18-JUN-99 11:03 Aug 11, 1999 Jkt 183247 PO 00000 Frm 00021 Fmt 4703 Sfmt 4725 E:\FR\FM\A12AU3.004 pfrm07 PsN: 12AUN1 43996 Federal Register / Vol. 64, No. 155 / Thursday, August 12, 1999 / Notices

VerDate 18-JUN-99 11:03 Aug 11, 1999 Jkt 183247 PO 00000 Frm 00022 Fmt 4703 Sfmt 4725 E:\FR\FM\A12AU3.004 pfrm07 PsN: 12AUN1 Federal Register / Vol. 64, No. 155 / Thursday, August 12, 1999 / Notices 43997

[FR Doc. 99–20786 Filed 8–11–99; 8:45 am] BILLING CODE 5001±10±C

VerDate 18-JUN-99 11:03 Aug 11, 1999 Jkt 183247 PO 00000 Frm 00023 Fmt 4703 Sfmt 4703 E:\FR\FM\A12AU3.004 pfrm07 PsN: 12AUN1 43998 Federal Register / Vol. 64, No. 155 / Thursday, August 12, 1999 / Notices

DEPARTMENT OF DEFENSE SUMMARY: The Department of Defense is The following is a copy of a letter to publishing the unclassified text of a the Speaker of the House of Office of the Secretary section 36(b)(1) arms sales notification. Representatives, Transmittal 99–31, This is published to fulfill the with attached transmittal, and policy [Transmittal No. 99±31] requirements of section 155 of Pub. L. justification. 36(b)(1) Arms Sales Notification 104–164 dated 21 July 1996. Dated: August 6, 1999. L. M. Bynum, AGENCY: Defense Security Cooperation FOR FURTHER INFORMATION CONTACT: Ms. Alternate OSD Federal Register Liaison Agency, Department of Defense. J. Hurd, DSCA/COMPT/RM, (703) 604– 6575. Officer, Department of Defense. ACTION: Notice. BILLING CODE 5001±10±M

VerDate 18-JUN-99 17:25 Aug 11, 1999 Jkt 183247 PO 00000 Frm 00024 Fmt 4703 Sfmt 4703 E:\FR\FM\12AUN1.XXX pfrm07 PsN: 12AUN1 Federal Register / Vol. 64, No. 155 / Thursday, August 12, 1999 / Notices 43999

VerDate 18-JUN-99 11:03 Aug 11, 1999 Jkt 183247 PO 00000 Frm 00025 Fmt 4703 Sfmt 4725 E:\FR\FM\A12AU3.005 pfrm07 PsN: 12AUN1 44000 Federal Register / Vol. 64, No. 155 / Thursday, August 12, 1999 / Notices

VerDate 18-JUN-99 11:03 Aug 11, 1999 Jkt 183247 PO 00000 Frm 00026 Fmt 4703 Sfmt 4725 E:\FR\FM\A12AU3.005 pfrm07 PsN: 12AUN1 Federal Register / Vol. 64, No. 155 / Thursday, August 12, 1999 / Notices 44001

[FR Doc. 99–20787 Filed 8–11–99; 8:45 am] BILLING CODE 5001±10±C

VerDate 18-JUN-99 11:03 Aug 11, 1999 Jkt 183247 PO 00000 Frm 00027 Fmt 4703 Sfmt 4703 E:\FR\FM\A12AU3.005 pfrm07 PsN: 12AUN1 44002 Federal Register / Vol. 64, No. 155 / Thursday, August 12, 1999 / Notices

DEPARTMENT OF DEFENSE DEPARTMENT OF EDUCATION Dated: August 6, 1999. William E. Burrow, Office of the Secretary Notice of Proposed Information Leader, Information Management Group, Collection Requests Office of the Chief Information Officer. Meeting of the President's Information Office of Elementary and Secondary Technology Advisory Committee AGENCY: Department of Education. (Formerly the Presidential Advisory Education Committee on High Performance SUMMARY: The Leader, Information Title: Applications for Assistance Computing and Communications, Management Group, Office of the Chief (Sections 8002 and 8003) Impact Aid Information Technology, and the Next Information Officer, invites comments Program. Generation Internet) on the proposed information collection Frequency: Annually. requests as required by the Paperwork Affected Public: Individuals or ACTION: Notice of meeting. Reduction Act of 1995. households; Federal Government; State, local or Tribal Gov’t, SEAs or LEAs. DATES: Interested persons are invited to SUMMARY: This notice sets forth the Reporting and Recordkeeping Hour submit comments on or before October schedule and summary agenda for the Burden: next meeting of the President’s 12, 1999. Responses: 602,237. Information Technology Advisory SUPPLEMENTARY INFORMATION: Section Burden Hours: 631,534. Abstract: A local educational agency Committee. The meeting will be open to 3506 of the Paperwork Reduction Act of must submit an application to the the public. Notice of this meeting is 1995 (44 U.S.C. Chapter 35) requires Department to receive Impact Aid required under the Federal Advisory that the Office of Management and Committee Act (Pub. L. 92–463). payments under Sections 8002 or 8003 Budget (OMB) provide interested of the Elementary and Secondary DATES: September 2, 1999. Federal agencies and the public an early Education Act (ESEA), and a State opportunity to comment on information requesting certification under Section ADDRESSES: NSF Board Room (Room collection requests. OMB may amend or 1235), National Science Foundation, 8009 of the ESEA must submit data for waive the requirement for public the Secretary to determine whether the 4201 Wilson Boulevard, Arlington, VA consultation to the extent that public 22230. State has a qualified equalization plan participation in the approval process and may take Impact Aid payments into Proposed Schedule and Agenda: The would defeat the purpose of the consideration in allocating State aid. President’s Information Technology information collection, violate State or Written comments and requests for Advisory Committee (PITAC) will meet Federal law, or substantially interfere copies of this information collection in open session from approximately with any agency’s ability to perform its request should be addressed to Vivian 8:30 a.m. to 12:30 p.m. and 1:30 p.m. to statutory obligations. The Leader, Reese, Department of Education, 400 4:30 p.m. on September 2, 1999. This Information Management Group, Office Maryland Avenue, SW, Room 5624, meeting will include: (1) Discussions on of the Chief Information Officer, Regional Office Building 3, Washington, PITAC’s review of Information publishes that notice containing DC 20202–4651, or should be Technology for the Twenty-First proposed information collection electronically mailed to the internet Century: A Bold Investment in l requests prior to submission of these address Vivian [email protected], or America’s Future (IT2), proposed in the requests to OMB. Each proposed should be faxed to 202–708–9346. President’s FY 2000 budget, including For questions regarding burden and/ information collection, grouped by reports from PITAC IT2 review panels or the collection activity requirements, office, contains the following: (1) Type on: software (software development, contact Kathy Axt at 703–426–9692. human computer interface and of review requested, e.g. new, revision, Individuals who use a information management); scalable extension, existing or reinstatement; (2) telecommunications device for the deaf information infrastructure; socio- Title; (3) Summary of the collection; (4) (TDD) may call the Federal Information economic issues; and high-end Description of the need for, and Relay Service (FIRS) at 1–800–877– computing. (2) Discussion of PITAC’s proposed use of, the information; (5) 8339. agenda in the coming year. Time will Respondents and frequency of [FR Doc. 99–20814 Filed 8–11–99; 8:45 am] also be allocated during the meeting for collection; and (6) Reporting and/or public comments by individuals and Recordkeeping burden. OMB invites BILLING CODE 4000±01±P organizations. public comment. FOR FURTHER INFORMATION CONTACT: The The Department of Education is DEPARTMENT OF EDUCATION National Coordination Office for especially interested in public comment Computing, Information, and addressing the following issues: (1) Is Submission for OMB Review; Communications provides information this collection necessary to the proper Comment Request about this Committee on its web site at: functions of the Department; (2) will AGENCY: Department of Education. http://www.ccic.gov; it can also be this information be processed and used SUMMARY: The Leader, Information reached at (703) 306–4722. Public in a timely manner; (3) is the estimate Management Group, Office of the Chief seating for this meeting is limited, and of burden accurate; (4) how might the Information Officer invites comments is available on a first-come, first-served Department enhance the quality, utility, on the submission for OMB review as basis. and clarity of the information to be required by the Paperwork Reduction Dated: August 6, 1999. collected; and (5) how might the Act of 1995. L.M. Bynum, Department minimize the burden of this DATES: Interested persons are invited to Alternate OSD Federal Register Liaison collection on the respondents, including submit comments on or before Officer, Department of Defense. through the use of information September 13, 1999. [FR Doc. 99–20788 Filed 8–11–99; 8:45 am] technology. ADDRESSES: Written comments should BILLING CODE 5000±10±M be addressed to the Office of

VerDate 18-JUN-99 11:03 Aug 11, 1999 Jkt 183247 PO 00000 Frm 00028 Fmt 4703 Sfmt 4703 E:\FR\FM\A12AU3.056 pfrm07 PsN: 12AUN1 Federal Register / Vol. 64, No. 155 / Thursday, August 12, 1999 / Notices 44003

Information and Regulatory Affairs, study also will assess the Agreement and a Statement of Policy Attention: Danny Werfel, Desk Officer, implementation of the Principles of and Code of Conduct under Section 205 Department of Education, Office of Effectiveness, and document obstacles of the Federal Power Act, and (3) joint Management and Budget, 725 17th or barriers to implementation of the Open Access Transmission Tariff under Street, NW, Room 10235, New principles. Section 205 of the Federal Power Act. Executive Office Building, Washington, Requests for copies of this The Applicants request that the DC 20503 or should be electronically information collection should be revised Standards of Conduct become mailed to the internet address addressed to Vivian Reese, U.S. effective immediately. [email protected]. Department of Education, 400 Maryland Copies of the filing have been served SUPPLEMENTARY INFORMATION: Section Avenue, SW, Room 5624, Regional on the affected state regulatory 3506 of the Paperwork Reduction Act of Office Building 3, Washington, DC commissions and on each entity that is 1995 (44 U.S.C. Chapter 35) requires 20202–4651, or should be electronically a party to the above-captioned dockets. that the Office of Management and mailed to the Internet address Comment date: August 19, 1999, in Budget (OMB) provide interested [email protected], or should be accordance with Standard Paragraph E Federal agencies and the public an early faxed to 202–708–9346. at the end of this notice. opportunity to comment on information For questions regarding burden and/ or the collection activity requirements, 2. Cheyenne Light, Fuel and Power collection requests. OMB may amend or Company, Northern States Power waive the requirement for public contact Jacqueline Montague at 202– 708–5359 or electronically at her Company (Minnesota), Northern States consultation to the extent that public Power Company (Wisconsin), Public participation in the approval process internet address Jackie [email protected]. Individuals who use Service Company of Colorado and would defeat the purpose of the Southwestern Public Service Company information collection, violate State or a telecommunications device for the Federal law, or substantially interfere deaf (TDD) may call the Federal [Docket No. ER99–3916–000] with any agency’s ability to perform its Information Relay Service (FIRS) at 1– Take notice that on July 30, 1999, statutory obligations. The Leader, 800–877–8339. Cheyenne Light, Fuel and Power Information Management Group, Office [FR Doc. 99–20815 Filed 8–11–99; 8:45 am] Company, Northern States Power of the Chief Information Officer, BILLING CODE 4000±01±P Company (Minnesota) (NSP–M) on publishes that notice containing behalf of the intended successor-in- proposed information collection interest to its utility business, requests prior to submission of these DEPARTMENT OF ENERGY provisionally referred to as New NSP requests to OMB. Each proposed Utility, Northern States Power Company information collection, grouped by Federal Energy Regulatory (Wisconsin), Public Service Company of office, contains the following: (1) Type Commission Colorado, and Southwestern Public of review requested, e.g. new, revision, Service Company (jointly, the extension, existing or reinstatement; (2) [Docket No. ER99±3915±000, et al.] Applicants), tendered for filing a Joint Title; (3) Summary of the collection; (4) Northern States Power Company, et Open Access Transmission Tariff which Description of the need for, and al.; Electric Rate and Corporate is to take effect upon consummation of proposed use of, the information; (5) Regulation Filings the proposed merger of NSP–M and Respondents and frequency of New Century Energies, Inc. collection; and (6) Reporting and/or August 5, 1999. Applicants state that the filing is Recordkeeping burden. OMB invites Take notice that the following filings made in conjunction with three related public comment. have been made with the Commission: filings consisting of (1) a merger Dated: August 6, 1999. application under Section 203 of the 1. Northern States Power Company Federal Power Act, (2) a Joint Operating William E. Burrow, (Minnesota), Northern States Power Agreement and a Statement of Policy Leader, Information Management Group, Company (Wisconsin), Public Service and Code of Conduct under Section 205 Office of the Chief Information Officer. Company of Colorado and Cheyenne of the Federal Power Act, and (3) Office of the Under Secretary Light, Fuel and Power Company and revised Standards of Conduct under 18 Southwestern Public Service Company Type of Review: New. CFR Part 37. Title: Local Education Agency [Docket No. ER99–3915–000] Copies of the filing have been served Component of Study of School Violence Take notice that on July 30, 1999, on the affected state regulatory and Prevention. Northern States Power Company commissions and on the Applicants’ Frequency: Two one time reportings. (Minnesota) (NSP–M) on behalf of the existing open access transmission tariff Affected Public: Not-for-profit intended successor-in-interest to its customers. institutions; State, local or Tribal Gov’t, utility business, provisionally referred Comment date: August 19, 1999, in SEAs or LEAs. to as New NSP Utility, Northern States accordance with Standard Paragraph E Reporting and Recordkeeping Hour Power Company (Wisconsin), Cheyenne at the end of this notice. Burden: Light, Fuel and Power Company, Public 3. Southern Energy New England, Responses: 204. Service Company of Colorado, and L.L.C., Southern Energy Canal, L.L.C. Burden Hours: 250. Southwestern Public Service Company and Southern Energy Kendall, L.L.C. Abstract: The purpose of this study is (jointly, the Applicants) tendered for to increase understanding of how local filing revised Standards of Conduct [Docket No. ER99–3917–000] education agencies plan, implement, pursuant to 18 CFR Part 37. Take notice that on July 30, 1999, and evaluate their alcohol, tobacco, and Applicants state that the filing is Southern Energy New England, L.L.C., other drug (ATOD) and violence made in conjunction with three related Southern Energy Canal, L.L.C., and prevention efforts, especially efforts filings consisting of (1) a merger Southern Energy Kendall, L.L.C. (the funded under the Safe and Drug-Free application under Section 203 of the Southern Parties), tendered for filing an Schools and Communities Act. This Federal Power Act, (2) a Joint Operating application requesting approval of

VerDate 18-JUN-99 11:03 Aug 11, 1999 Jkt 183247 PO 00000 Frm 00029 Fmt 4703 Sfmt 4703 E:\FR\FM\A12AU3.026 pfrm07 PsN: 12AUN1 44004 Federal Register / Vol. 64, No. 155 / Thursday, August 12, 1999 / Notices certain proposed amendments to their order to reflect: (1) A recent change in 10. New England Power Pool Market Rate Tariffs. The proposed organizational structure and (2) the re- [Docket No. ER99–3834–000] amendments would authorize the configuration of certain transmission Take notice that on July 30, 1999, the Southern Parties to engage in wholesale system operations facilities. New England Power Pool Participants sales of ancillary services to eligible Comment date: August 19, 1999, in Committee filed for acceptance a customers at market rates. accordance with Standard Paragraph E Comment date: August 19, 1999, in at the end of this notice. signature page to the New England Power Pool (NEPOOL) Agreement dated accordance with Standard Paragraph E 8. New England Power Pool at the end of this notice. September 1, 1971, as amended, signed [Docket No. ER99–3832–000] by Richard Silkman (Mr. Silkman). The 4. Cleco Energy LLC Take notice that on July 30, 1999, the NEPOOL Agreement has been [Docket No. ER99–3918–000] New England Power Pool Participants designated NEPOOL FPC No. 2. The Participants Committee states Take notice that on July 29, 1999, Committee filed for acceptance a signature page to the New England that the Commission’s acceptance of Mr. Cleco Energy LLC, (formerly named Silkman’s signature page would permit CLECO ENERGY, L.L.C.), tendered for Power Pool (NEPOOL) Agreement dated September 1, 1971, as amended, signed NEPOOL to expand its membership to filing its Notice of Succession in which include Mr. Silkman. The Participants it adopted, ratified, and made its own in by Merchant Energy Group of the Americas, Inc., (Merchant Energy Committee further states that the filed every respect all applicable rate signature page does not change the schedules, and supplements thereto, Group). The NEPOOL Agreement has been designated NEPOOL FPC No. 2. NEPOOL Agreement in any manner, heretofore filed with the Commission by other than to make Mr. Silkman a CLECO ENERGY, L.L.C. The Participants Committee states that the Commission’s acceptance of member in NEPOOL. Effective November 20, 1998, CLECO The Participants Committee requests ENERGY, L.L.C., changed its name to Merchant Energy Group’s signature page would permit NEPOOL to expand its an effective date of August 1, 1999, for Cleco Energy LLC. commencement of participation in Comment date: August 18, 1999, in membership to include Merchant Energy Group. The Participants NEPOOL by Mr. Silkman. accordance with Standard Paragraph E Comment date: August 19, 1999, in at the end of this notice. Committee further states that the filed signature page does not change the accordance with Standard Paragraph E 5. Nevada Power Company NEPOOL Agreement in any manner, at the end of this notice. [Docket No. ER99–3919–000] other than to make Merchant Energy 11. Wisconsin Electric Power Company Take notice that on July 29, 1999, Group a member in NEPOOL. The Participants Committee requests [Docket No. ER99–3835–000] Nevada Power Company (NPC), an effective date of August 1, 1999, for Take notice that on July 30, 1999, tendered for filing a Service Agreement commencement of participation in Wisconsin Electric Power Company to provide Non-Firm Point-to-Point NEPOOL by Merchant Energy Group. (Wisconsin Electric), tendered for filing Transmission Service under NPC’s Comment date: August 19, 1999, in a long term firm transmission service (Transmission Provider) Open Access accordance with Standard Paragraph E agreement between itself and Madison Transmission Tariff with Aquila Energy at the end of this notice. Gas & Electric Company (MG&E). The Marketing Corporation (Aquila). Transmission Service Agreement allows A copy of this filing has been served 9. New England Power Pool MG&E to receive firm transmission on Aquila and the Nevada Public [Docket No. ER99–3833–000] service for 11 MW of wind power, under Service Commission. Take notice that on July 30, 1999, the Wisconsin Energy Corporation Comment date: August 18, 1999, in New England Power Pool (NEPOOL) Operating Companies FERC Electric accordance with Standard Paragraph E Participants Committee tendered for Tariff, Volume No. 1. at the end of this notice. filing a Service Agreement for Through Also submitted were umbrella firm 6. Nevada Power Company or Out Service or In Service pursuant to and non-firm transmission service Section 205 of the Federal Power Act agreements establishing Consumers [Docket No. ER99–3920–000] and 18 CFR 35.12 of the Commission’s Energy Company (Consumers) as a Take notice that on July 29, 1999, Regulations. customer under the Tariff. Nevada Power Company (NPC), Acceptance of this Service Agreement Comment date: August 19, 1999, in tendered for filing a Service Agreement will recognize the provision of Firm In accordance with Standard Paragraph E to provide Non-Firm Point-to-Point Service transmission to TransCanada at the end of this notice. Transmission Service under NPC’s Power Marketing Ltd., in conjunction 12. FirstEnergy System Open Access Transmission Tariff with with Regional Network Service, in British Columbia Power Exchange accordance with the provisions of the [Docket No. ER99–3836–000] Corporation (Powerex). NEPOOL Open Access Transmission Take notice that on July 30, 1999, A copy of this filing has been served Tariff filed with the Commission on FirstEnergy System filed a Service on Powerex and the Nevada Public December 31, 1996, as amended and Agreement to provide Firm Point-to- Service Commission. supplemented. Point Transmission Service for Comment date: August 18, 1999, in A retroactive effective date of July 1, FirstEnergy Wholesale Energy accordance with Standard Paragraph E 1999 for commencement of transmission Transactions, the Transmission at the end of this notice. service has been requested. Customer. Services are being provided 7. Consumers Energy Company Copies of this filing were sent to all under the FirstEnergy System Open NEPOOL members, the New England Access Transmission Tariff submitted [Docket No. ER99–3922–000] public utility commissioners and all for filing by the Federal Energy Take notice that on July 30, 1999, parties to the transaction. Regulatory Commission in Docket No. Consumers Energy Company Comment date: August 19, 1999, in ER97–412–000. (Consumers), tendered for filing revised accordance with Standard Paragraph E The proposed effective date under standards of conduct procedures in at the end of this notice. this Service Agreement is July 22, 1999

VerDate 18-JUN-99 11:03 Aug 11, 1999 Jkt 183247 PO 00000 Frm 00030 Fmt 4703 Sfmt 4703 E:\FR\FM\A12AU3.028 pfrm07 PsN: 12AUN1 Federal Register / Vol. 64, No. 155 / Thursday, August 12, 1999 / Notices 44005 for the above mentioned Service The Applicants request that the Federal Energy Regulatory Commission, Agreement in this filing. commission make the filing effective as 888 First Street, NE, Washington, DC Comment date: August 19, 1999, in of March 1, 1999, the date of retail 20426, in accordance with Rules 211 accordance with Standard Paragraph E access in the State of Nevada. and 214 of the Commission’s Rules of at the end of this notice. Comment date: August 18, 1999, in Practice and Procedure (18 CFR 385.211 accordance with Standard Paragraph E 13. The Montana Power Company and 385.214). All such motions or at the end of this notice. protests should be filed on or before the [Docket No. ER99–3837–000] 16. Southwestern Electric Power comment date. Protests will be Take notice that on July 30, 1999, The Company considered by the Commission in Montana Power Company (Montana) determining the appropriate action to be tendered for filing with the Federal [Docket No. ER99–3784–000] taken, but will not serve to make Energy Regulatory Commission Take notice that on July 28, 1999, protestants parties to the proceeding. pursuant to 18 CFR 35.13 an executed Southwestern Electric Power Company Any person wishing to become a party Firm Point-To-Point Transmission (SWEPCO) filed an Interconnection must file a motion to intervene. Copies Service Agreement with Arizona Public Agreement between SWEPCO and Lone of these filings are on file with the Service under Montana’s FERC Electric Star Steel Sales Company (Lone Star). Commission and are available for public Tariff, Fourth Revised Volume No. 5 SWEPCO requests an effective date for inspection. This filing may also be (Open Access Transmission Tariff), the Interconnection Agreement of July viewed on the Internet at http:// replacing a previously filed unexecuted 29, 1999. Accordingly, SWEPCO www.ferc.fed.us/ online/rims.htm (call service agreement. requests waiver of the Commission’s 202–208–2222 for assistance). A copy of the filing was served upon notice requirements. Linwood A. Watson, Jr., Arizona Public Service. SWEPCO states that a copy of the Acting Secretary. Comment date: August 19, 1999, in filing was served on Lone Star and the [FR Doc. 99–20813 Filed 8–11–99; 8:45 am] accordance with Standard Paragraph E PUCT. at the end of this notice. Comment date: August 17, 1999, in BILLING CODE 6717±01±P 14. FirstEnergy System accordance with Standard Paragraph E at the end of this notice. [Docket No. ER99–3845–000] ENVIRONMENTAL PROTECTION Take notice that on July 30, 1999, 17. Southern Energy Canal, L.L.C. AGENCY FirstEnergy System filed a Service [Docket No. ER99–3838–000] [FRL±6418±6] Agreement to provide Non-Firm Point- Take notice that on July 30, 1999, to-Point Transmission Service for Southern Energy Canal, L.L.C. (Southern Agency Information Collection FirstEnergy Wholesale Energy Canal), tendered for filing the following Activities: Submission for OMB Transactions, the Transmission agreements as long-term service Review; Comment Request; Standards Customer. Services are being provided agreements under its Market Rate Tariff of Performance for Primary and under the FirstEnergy System Open accepted by the Commission in the Secondary Emissions From Basic Access Transmission Tariff submitted Docket No. ER98–4115–000: Oxygen Process Furnace at Steel for filing by the Federal Energy 1. Amended and Restated Power Sales Plants Regulatory Commission in Docket No. Contract by and between Southern AGENCY: Environmental Protection ER97–412–000. Energy Canal, L.L.C. and Cambridge Agency (EPA). The proposed effective date under Electric Light Company and this Service Agreement is July 22, 1999. Commonwealth Electric Company, ACTION: Notice. Comment date: August 19, 1999, in dated December 18, 1998, as reinstated SUMMARY: In compliance with the accordance with Standard Paragraph E by Reinstatement Agreement dated July at the end of this notice. Paperwork Reduction Act (44 U.S.C. 6, 1999; 3501 et seq.), this document announces 15. Mountain West Independent System 2. Amended and Restated Power Sales that the following Information Administrator Contract by and between Southern Collection Request (ICR) has been Energy Canal, L.L.C. and Montaup [Docket No. ER99–3719–000] forwarded to the Office of Management Electric Company, dated December 18, and Budget (OMB) for review and Take notice that on July 23, 1999, 1998, as reinstated by Reinstatement Sierra Power Company (Sierra), and approval: NSPS, Subparts N and Na— Agreement dated July 6, 1999; Primary and Secondary Emissions from Nevada Power Company (Nevada 3. Amended and Restated Power Sales Power) tendered for filing pursuant to Basic Oxygen Process Furnaces at Contract by and between Southern Steelmaking Facilities; OMB Control Section 205 of the Federal Power Act, a Energy Canal, L.L.C. and Boston Edison number of filings intended to put into No. 2060–0029; expiration date is Company, dated December 18, 1998, as September 30, 1999. The ICR describes effect the Mountain West Independent reinstated by Reinstatement Agreement System Administrator (Mountain West). the nature of the information collection dated July 6, 1999; and and its expected burden and cost. These filings include the Mountain 4. Amended and Restated Power Sales West Tariff, the Transmission Owner’s Contract by and between Southern DATES: Comments must be submitted on Tariff, and pro forma versions of several Energy Canal, L.L.C. and New England or before September 13, 1999. related agreements. Sierra and Nevada Power Company, dated June 30, 1999. FOR FURTHER INFORMATION CONTACT: For Power are making the filing on behalf of Comment date: August 19, 1999, in a copy of the ICR, call Sandy Farmer at Mountain West, which only recently has accordance with Standard Paragraph E EPA, (202) 260–2740, or download off been formed and has no employees. at the end of this notice. the Internet at http://www.epa.gov/icr/ Included with the filing is a letter from icr.htm and refer to EPA ICR Mountain West’s Board of Directors and Standard Paragraphs No.1069.06. Advisory committee indicating their E. Any person desiring to be heard or SUPPLEMENTARY INFORMATION: support of the filing and their intent to to protest such filing should file a Title: (OMB Control No. 2060–0029; adopt the filing in the future. motion to intervene or protest with the EPA ICR No.1069.06) expiring

VerDate 18-JUN-99 17:25 Aug 11, 1999 Jkt 183247 PO 00000 Frm 00031 Fmt 4703 Sfmt 4703 E:\FR\FM\12AUN1.XXX pfrm07 PsN: 12AUN1 44006 Federal Register / Vol. 64, No. 155 / Thursday, August 12, 1999 / Notices

September 30, 1999. This is an inspections, and is of sufficient quality respondent burden, including through extension of a currently approved to be used as evidence in court. The the use of automated collection collection. enforcement personnel may elect to techniques to the following addresses. Abstract: Sources are required to meet conduct an inspection to ensure that the Please refer to EPA ICR No 1069.06 and monitoring, recordkeeping and equipment is properly installed and OMB Control No. 2060–0029 in any reporting requirements under NSPS, operated, as was indicated in the correspondence. Subparts N and Na. Specifically, the performance test report. They may also Ms. Sandy Farmer, U.S. Environmental standards require that a source conduct conduct periodic inspections to obtain Protection Agency, OPPE Regulatory the following activities: additional data on source operation and • Information Division (2137), 401 M Keep records of: startups, maintenance and to make compliance Street, SW, Washington, DC 20460 (or shutdowns, malfunctions, periods determinations. E-Mail where the continuous monitoring All reports are sent to the delegated [email protected]); system is inoperative (60.7(b)); time and State or Local Agency. In the event that and duration of each steel production cycle there is no such delegated authority, the Office of Information and Regulatory (60.143(a)); time and duration of the reports are sent directly to the EPA Affairs, Office of Management and rates or levels of any diversion of Regional Office. Budget, Attention: Desk Officer for exhaust gases from the main stack An agency may not conduct or EPA, 725 17th Street, NW, servicing the BOPF (60.143(a)); the sponsor, and a person is not required to Washington, DC 20503. various rates or levels of exhaust respond to, a collection of information Dated: August 6, 1999. ventilation at each phase of the cycle unless it displays a currently valid OMB through each duct of the secondary control number. The OMB control Richard T. Westlund, emission capture system (60.143a(a)); numbers for EPA’s regulations are listed Acting Director, Regulatory Information time and duration of the visible in 40 CFR part 9 and 48 CFR Chapter Division. emission data sets (60.145a(d)); 15. The Federal Register document [FR Doc. 99–20863 Filed 8–11–99; 8:45 am] particulate matter concentration (i.e., required under 5 CFR 1320.8(d), BILLING CODE 6560±50±P opacity levels) exiting the control device soliciting comments on this collection and discharged into the atmosphere of information was published in the ENVIRONMENTAL PROTECTION (60.142(a–b)); pressure loss through the Federal Register (63 FR 47280) on AGENCY venturi constriction of the scrubber September 4, 1998; no comments were continuously (60.143(a)(1)); and water received. [FRL±6418±5] supply pressure to the venturi scrubber Burden Statement: The annual public control equipment continuously reporting and recordkeeping burden for Agency Information Collection (60.143(a)(2)). Industry is required to this collection of information is Activities: Submission for OMB maintain records at the facility for a estimated to average 18.0 hours per Review; Comment Request, minimum of two years. response. Burden means the total time, Registration of Fuels and Fuel • Provide notification of: effort, or financial resources expended AdditivesÐHealth-Effects Research construction/reconstruction (60.7(a)(1)); by persons to generate, maintain, retain, Requirements anticipated startup (60.7(a)(2)); actual or disclose or provide information to or startup (60.7(a)(3)); initial and any other AGENCY: Environmental Protection for a Federal agency. This includes the Agency (EPA). performance tests (60.8(d)); time needed to review instructions; ACTION: Notice. demonstration of continuous monitoring develop, acquire, install, and utilize system (60.7(a)(5)); and physical or technology and systems for the purposes SUMMARY: In compliance with the operational change (60.7(a)(4) and of collecting, validating, and verifying Paperwork Reduction Act (44 U.S.C. 60.145(a)). information, processing and 3501 et seq.), this document announces • Report on: initial performance test maintaining information, and disclosing that the following Information results (60.8 (a)); and monitoring results and providing information; adjust the Collection Request (ICR) has been (e.g., opacity) that average more than 10 existing ways to comply with any forwarded to the Office of Management % below the average level maintained previously applicable instructions and and Budget (OMB) for review and during the most recent performance test requirements; train personnel to be able approval: Registration of Fuels and Fuel on a semiannual basis (60.7(c), 60.143(c) to respond to a collection of Additives: Health-effects Research and 60.143a(d)). information; search data sources; An owner or operator could elect to Requirements for Manufacturers (40 complete and review the collection of CFR part 79—subpart F) (OMB Control reduce operating expenses by not information; and transmit or otherwise installing, maintaining, or otherwise Number 2060–0297, expiration date: disclose the information. October 31, 1999). The ICR describes the operating the control technology Respondents/Affected Entities: required by the standards. In the nature of the information collection and Owners and Operators of Iron and Steel its expected burden and cost; where absence of the information collection Plants. requirements, compliance with the appropriate, it includes the actual data Estimated Number of Respondents: collection instrument. standards could be ensured only 11.33. DATES: Comments must be submitted on through continuous on-site inspections Frequency of Response: Initial and or before September 13, 1999. by regulatory agency personnel. semiannual. Consequently, not collecting the Estimated Total Annual Hour Burden: FOR FURTHER INFORMATION CONTACT: information would result in either 1,795 hours. Sandy Farmer at EPA by phone at (202) greatly increased expenditures of Estimated Total Annualized Cost 260–2740, by E-Mail at resources, or the inability to ensure Burden: $34,400. [email protected] or compliance with the standards. Send comments on the Agency’s need download a copy of the ICR off the The information collected from for this information, the accuracy of the Internet at http://www.epa.gov/icr and recordkeeping and reporting provided burden estimates, and any refer to EPA ICR No. 1696.03. requirements is also used for targeting suggested methods for minimizing SUPPLEMENTARY INFORMATION:

VerDate 18-JUN-99 11:03 Aug 11, 1999 Jkt 183247 PO 00000 Frm 00032 Fmt 4703 Sfmt 4703 E:\FR\FM\A12AU3.090 pfrm07 PsN: 12AUN1 Federal Register / Vol. 64, No. 155 / Thursday, August 12, 1999 / Notices 44007

Title: Registration of Fuels and Fuel 15. The Federal Register document Number 2060–0297 in any Additives: Health-effects Research required under 5 CFR 1320.8(d), correspondence. Requirements for Manufacturers (40 soliciting comments on this collection Ms. Sandy Farmer, U.S. Environmental CFR part 79—subpart F), (OMB Control of information, was published on April Protection Agency, Office of Policy, Number 2060–0297, EPA ICR Number 7, 1999 (64 FR 16960); one comment Regulatory Information Division 1696.03) expiring October 31, 1999. was received. It was a brief statement (2137), 401 M Street, SW, This is a request for an extension of a from the Ethyl Corporation referencing Washington, DC 20460; currently approved collection. the continuing dialogue over the and Abstract: In accordance with the appropriate testing for MMT. Office of Information and Regulatory Clean Air Act regulations at 40 CFR part Burden Statement: It is likely that Affairs, Office of Management and 79, manufacturers (including importers) only limited additional Tier 1 research Budget, Attention: Desk Officer for of gasoline, diesel fuel, and additives for will be done. New fuels and additives EPA, 725 17th Street, NW, gasoline or diesel fuel, are required to subject to Tier 1 will almost exclusively Washington, DC 20503. have their products registered by the be those that can group with existing Tier 1 data, and come from Dated: August 6, 1999. EPA prior to their introduction into Richard T. Westlund, commerce. Registration involves manufacturers that have already paid for the Tier 1 data. Thus, over the next Acting Director, Regulatory Information providing a chemical description of the Division. fuel or additive, and certain technical, three years only one Tier 1 submission is anticipated. Standard Tier 2 activity [FR Doc. 99–20864 Filed 8–11–99; 8:45 am] marketing, and health-effects will also be very limited. The EPA has BILLING CODE 6560±50±P information. The health-effects research concluded that existing data cover Tier is the subject of this ICR. The other 2 for baseline diesel. Alternative Tier 2 information collection requirements at testing will be conducted over the next ENVIRONMENTAL PROTECTION 40 CFR part 79 are covered by a separate five years and covers baseline gasoline, AGENCY ICR (EPA ICR Number 309.09, OMB the six major nonbaseline gasoline Control Number 2060–1050). The oxygenates, and the atypical gasoline [FRL±6419±2] health-effects research is divided into additive MMT. Thus, only up to four three tiers of requirements for specific Agency Information Collection standard Tier 2 submissions are categories of fuels and additives. Tier 1 Activities: Submission for OMB anticipated over the next three years. requires an emissions characterization Review; Comment Request; The annual public reporting and and a health-effects literature search for Information Collection Activities recordkeeping burden for this collection those emissions. Tier 1 data were Associated With EPA's Energy Star is estimated to average 20,695 hours per submitted in 1997 and 1998 and will be Buildings Program response. Burden means the total time, applicable for most new products effort, or financial resources expended AGENCY: Environmental Protection seeking registration. Tier 2 requires by persons to generate, maintain, retain, Agency (EPA). short-term inhalation exposures of or disclose or provide information to or laboratory animals to emissions to ACTION: Notice. for a Federal agency. This includes the screen for adverse health effects, unless time needed to review instructions; SUMMARY: In compliance with the comparable data are already available. develop, acquire, install, and utilize Paperwork Reduction Act (44 U.S.C. Alternative Tier 2 testing can be technology and systems for the purposes 3501 et seq.), this document announces required in lieu of the standard Tier 2 of collecting, validating, and verifying that the following Information if EPA concludes that such testing information, processing and Collection Request (ICR) has been would be more appropriate. EPA maintaining information, and disclosing forwarded to the Office of Management reached that conclusion with respect to and providing information; adjust the and Budget (OMB) for review and baseline gasoline, oxygenated gasoline existing ways to comply with any approval: Information Collection additives, and Ethyl Corporation’s previously applicable instructions and Activities Associated with EPA’s Energy manganese gasoline additive MMT. requirements; train personnel to be able Star Buildings Program, OMB# 2060– Certain small businesses are exempt to respond to a collection of 0347, expires September 30, 1999. The from some or all of the Tier 1 and Tier information; search data sources; ICR describes the nature of the 2 requirements. Tier 3 provides for complete and review the collection of information collection and its expected follow-up research, if necessary. information; and transmit or otherwise burden and cost; where appropriate, it However, no Tier 3 requirements have disclose the information. includes the actual data collection been established. Thus, it is not covered Respondents/Affected Entities: instrument. in this document. This information will Manufacturers of gasoline, diesel fuel, be used to determine if there are any DATES: Comments must be submitted on and fuel additives. or before Sepember 13, 1999. products whose evaporative or Estimated Number of Respondents: 6. FOR FURTHER INFORMATION CONTACT: combustion emissions may pose an Frequency of Response: On occasion. unreasonable risk to public health, thus Estimated Total Annual Hour Burden: Sandy Farmer at EPA by phone at (202) meriting further investigation and 67,467 hours. 260–2740, by email at potential regulation. In accordance with Estimated Total Annualized Capital, [email protected], or the Clean Air Act, the results of this O & M Cost Burden: $6.5 million. download a copy of the ICR off the research shall not be considered Send comments on the Agency’s need Internet at http://www.epa.gov/icr and confidential. An agency may not for this information, the accuracy of the refer to EPA ICR No. 1772.02. conduct or sponsor, and a person is not provided burden estimates, and any SUPPLEMENTARY INFORMATION: required to respond to, a collection of suggested methods for minimizing Title: Information Collection information unless it displays a valid respondent burden, including the use of Activities Associated with EPA’s Energy OMB control number. The OMB control automated collection techniques, to the Star Buildings Program, OMB# 2060– numbers for EPA’s regulations are listed following addresses. Please refer to EPA 0347, ICR# 1772.02, expires September in 40 CFR part 9 and 48 CFR Chapter ICR Number 1696.03 and OMB Control 30, 1999. This is a request for an

VerDate 18-JUN-99 11:03 Aug 11, 1999 Jkt 183247 PO 00000 Frm 00033 Fmt 4703 Sfmt 4703 E:\FR\FM\A12AU3.091 pfrm07 PsN: 12AUN1 44008 Federal Register / Vol. 64, No. 155 / Thursday, August 12, 1999 / Notices extension of a currently approved be 3.8 hours per respondent. Burden ENVIRONMENTAL PROTECTION collection. means the total time, effort, or financial AGENCY Abstract: The Energy Star Buildings resources expended by persons to and Green Lights programs are [Region VII Tracking No. 081±1081; FRL± generate, maintain, retain, or disclose or 6418±8] voluntary programs aimed at preventing provide information to or for a Federal pollution. These programs focus on agency. This includes the time needed Inadequacy Status of Submitted State reducing utility-generated emissions by to review instructions; develop, acquire, Implementation Plans for reducing the demand for energy. EPA install, and utilize technology and Transportation Conformity Purposes first created the Green Lights program to systems for the purposes of collecting, encourage corporations, state and local AGENCY: Environmental Protection validating, and verifying information, governments, colleges and universities, Agency (EPA). processing and maintaining and other organizations to adopt energy ACTION: Notice of inadequacy status. efficient lighting as a profitable means information, and disclosing and of preventing pollution and improving providing information; adjust the SUMMARY: In this document, Region VII lighting quality. With the success of the existing ways to comply with any is augmenting the national list of Green Lights program, EPA developed previously applicable instructions and submitted State Implementation Plans the Energy Star Buildings program to requirements; train personnel to be able (SIP) with motor vehicle emissions encourage business of all sizes, state and to respond to a collection of budgets that have been reviewed for local governments, Federal Agencies, information; search data sources; adequacy for transportation conformity academic and other non-profit complete and review the collection of purposes as identified in 64 FR 31217– organizations to make more information; and transmit or otherwise 31219 (June 10, 1999). This document comprehensive energy efficiency disclose the information. describes a finding of inadequacy for the emissions budget for St. Louis, improvements in their buildings. In Respondents/Affected Entities: designing the Energy Star Buildings Missouri. Participants in EPA’ Energy Star program, EPA made the energy efficient FOR FURTHER INFORMATION CONTACT: Buildings (Green Lights, Energy Small lighting upgrades of the Green Lights Christopher D. Hess, U.S. EPA, Air program the first stage of the Energy Star Business) voluntary program. Planning and Development Branch, 901 Buildings’ five-stage upgrade program. Estimated Number of Respondents: North 5th Street, Kansas City, Kansas Both of these programs need to collect 4,318. 66101; (913) 551–7213 or initial information to establish Frequency of Response: One-time, [email protected]. participation in them, monitor progress annually, and/or periodically, SUPPLEMENTARY INFORMATION: in completing energy efficiency dependent upon type of respondent. Background upgrades, and measuring reductions in energy usage. EPA will use information Estimated Total Annual Hour Burden: Transportation conformity is required requested from participants to further 217,714 hours. by section 176(c) of the Clean Air Act. evaluate the overall results of the Estimated Total Annualized Capital, EPA’s conformity rule, 40 CFR part 93, program and make adjustments, if Operating/Maintenance Cost Burden: requires that transportation plans, necessary. Participation in the Energy $14,716. programs, and projects conform to state Star Buildings and Green Lights air quality implementation plans and Send comments on the Agency’s need programs is voluntary and may be establishes the criteria and procedures terminated by Partners, Allies, for this information, the accuracy of the for determining whether or not they do. Endorsers or EPA at any time. EPA does provided burden estimates, and any Conformity to a SIP means that not expect that organizations will deem suggested methods for minimizing transportation activities will not any information collected under the respondent burden, including through produce new air quality violations, program to be confidential. An agency the use of automated collection worsen existing violations, or delay may not conduct or sponsor, and a techniques to the following addresses. timely attainment of the national person is not required to respond to, a Please refer to EPA ICR No. 1772.02 and ambient air quality standards. The collection of information unless it OMB Control No. 2060–0347 in any criteria by which we determine whether displays a currently valid OMB control correspondence. a SIP’s motor vehicle emission budgets number. The OMB control numbers for are adequate for conformity purposes Ms. Sandy Farmer, U.S. Environmental EPA’s regulations are listed in 40 CFR are outlined in 40 CFR 93.118(e)(4). part 9 and 48 CFR Chapter 15. The Protection Agency, Office of Policy, On March 2, 1999, the D.C. Circuit Federal Register document required Regulatory Information Division Court of Appeals ruled that submitted under 5 CFR 1320.8(d), soliciting (2137), 401 M Street, SW, SIPs cannot be used for conformity comments on this collection of Washington, DC 20460; determinations unless EPA has information was published on 4/19/99 and affirmatively found the conformity budget adequate. Where EPA finds a (FR Vol 64., No. 74); no comments were Office of Information and Regulatory budget inadequate, it cannot be used for received. Affairs, Office of Management and Burden Statement: The annual public further conformity determinations. reporting and recordkeeping burden for Budget, Attention: Desk Officer for The new process for determining the this collection of information will vary EPA, 725 17th Street, NW, adequacy of submitted SIP budgets is depending on the type of participant, Washington, DC 20503. contained in a May 14, 1999, memo and the specific collection activity. For Dated: August 6, 1999. titled ‘‘Conformity Guidance on example: the total estimated respondent Richard T. Westlund, Implementation of March 2, 1999 burden for completing a Memorandum Conformity Court Decision.’’ EPA will Acting Director, Regulatory Information of Understanding (MOU) is 5.1 hour per Division. be revising the conformity rule to codify respondent. The burden for collection this guidance. You can obtain this [FR Doc. 99–20867 Filed 8–11–99; 8:45 am] requirements associated with applying guidance at http://www.epa.gov/oms/ for the Energy Star label is estimated to BILLING CODE 6560±50±P transp.htm.

VerDate 18-JUN-99 17:25 Aug 11, 1999 Jkt 183247 PO 00000 Frm 00034 Fmt 4703 Sfmt 4703 E:\FR\FM\12AUN1.XXX pfrm07 PsN: 12AUN1 Federal Register / Vol. 64, No. 155 / Thursday, August 12, 1999 / Notices 44009

Status of Submitted Budgets ADDRESSES: You may review copies of sufficient information has not been In Region VII, the only submitted the final order, the petition, and other provided in Entergy’s permit budgets for transportation conformity supporting information at the EPA, application to ensure compliance with purposes pertain to the St. Louis Region 6, 1445 Ross Avenue, Dallas, the Resource Conservation and metropolitan area and that area’s 15% Texas 75202–2733. If you wish to Recovery Act disposal requirements. plan and attainment demonstration for examine these documents, you should In addition, the Petitioner requested the pollutant ozone. make an appointment at least 24 hours the following: (1) that EPA issue an In a letter dated May 27, 1999, from before visiting day. The final order is information request letter to Entergy and EPA to the Missouri Department of also available electronically at the the City of Monroe under section 114 of Natural Resources, Region VII following address: http:www.epa.gov/ the Act, requiring them to disclose all determined that the area’s budgets are ttn/ oarpg/ramain.html. matters raised by this petition; and (2) inadequate and we are publishing that FOR FURTHER INFORMATION CONTACT: Jole that EPA conduct an on-site inspection finding in this document. As stated in Luehrs, Chief, Air Permitting Section, of the Monroe plant to determine the May 14, 1999, guidance, EPA’s Multimedia Planning and Permitting whether PSD and NSPS have been adequacy review is not to be used to Division, EPA, Region 6, 1445 Ross triggered. prejudge EPA’s ultimate approval or Avenue, Dallas, Texas 75202–2733, On June 11, 1999, the Administrator disapproval of the submitted SIPs. telephone (214) 665–7250, or electronic issued an order partially granting and Approvability of the SIPs will be mail at [email protected]. partially denying the petition. The order addressed in a future rulemaking. SUPPLEMENTARY INFORMATION: The Act explains the reasons behind EPA’s Because the area has performed affords EPA a 45-day period to review, conclusion that the proposed title V certain other emissions analyses, its and object to as appropriate, operating operating permit fails to assure transportation programs may continue permits proposed by State permitting compliance with applicable PSD despite this finding of inadequacy authorities. Section 505(b)(2) of the Act requirements as set forth in the regarding submitted budgets. authorizes any person to petition the Louisiana State Implementation Plan. Furthermore, the state is anticipated to EPA Administrator within 60 days after The order also explains the reasons for submit new budgets by November 15, the expiration of this review period to denying Petitioner’s remaining claims. 1999. object to State operating permits if EPA Dated: July 30, 1999. has not done so. Petitions must be based Dated: July 30, 1999. W. B. Hathaway, only on objections to the permit that William Rice, Acting Regional Administrator, Region 6. were raised with reasonable specificity [FR Doc. 99–20868 Filed 8–11–99; 8:45 am] Acting Regional Administrator, Region VII. during the public comment period BILLING CODE 6560±50±P [FR Doc. 99–20866 Filed 8–11–99; 8:45 am] provided by the State, unless the BILLING CODE 6560±50±P petitioner demonstrates that it was impracticable to raise these issues ENVIRONMENTAL PROTECTION during the comment period or the AGENCY ENVIRONMENTAL PROTECTION grounds for the issues arose after this AGENCY period. Ms. Merrijane Yerger, Managing [FRL±6419±8] [FRL±6419±3] Director of the Citizens for Clean Air Request for Applications for the Clean Air Act Operating Permit and Water (Petitioner), submitted a National Environmental Education Program; Petition for Objection to petition to the Administrator on Advisory Council Proposed State Operating Permit for February 9, 1999, seeking EPA’s Monroe Electrical Generating Plant objection to the proposed title V Due Date: September 24, 1999. Entergy Louisiana, Inc.; Monroe, operating permit to be issued to the AGENCY: Environmental Protection Ouachita Parish, Louisiana Monroe Electrical Generating Plant Agency (EPA). (Monroe plant) owned and operated by ACTION: Notice. AGENCY: Environmental Protection Entergy Louisiana, Inc. (Entergy) and Agency (EPA). located in the city of Monroe, Ouachita SUMMARY: Section 9(a) and (b) of the ACTION: Notice of final order on petition Parish, Louisiana. The petition objects National Environmental Education Act to object to State operating permit. to issuance of the proposed permit on of 1990 (PL–101–619) mandates a five grounds: (1) LDEQ failed to subject National Environmental Education SUMMARY: This document announces the Monroe plant to prevention of Advisory Council. The Advisory that the EPA Administrator has partially significant deterioration (PSD) review, Council provides advice, consults with, granted and partially denied a petition (2) the maximum capacity of the and makes recommendations to the to object to a proposed State operating Monroe plant may have been increased Administrator of the U.S. permit issued by the Louisiana by some unknown method at some time Environmental Protection Agency (EPA) Department of Environmental Quality between 1976 and the time of the title on matters relating to the activities, (LDEQ) to the Monroe Electrical V application without being subject to functions, and policies of EPA under the Generating Plant, Entergy Louisiana, PSD review and New Source Act. EPA is requesting nominations of Inc., Monroe, Ouachita Parish, Performance Standards, (3) the candidates for membership on the Louisiana. Pursuant to section 505(b)(2) proposed permit fails to incorporate Council. The Act requires that the of the Clean Air Act (Act), petitioner enforceable one-hour maximum Council be comprised of eleven (11) may seek judicial review of those emission rate limitations for sulfur members appointed by the portions of the petition which EPA dioxide and other criteria pollutants, (4) Administrator of EPA, after consultation denied in the United States Court of the proposed permit includes apparent with the Secretary of U.S. Department of Appeals for the appropriate circuit annual emissions increases that suggest Education. Members represent a balance within 60 days of this decision under PSD review should be conducted for the of perspectives, professional section 307 of the Act. sulfur dioxide emissions, and (5) qualifications, and experience. The Act

VerDate 18-JUN-99 11:03 Aug 11, 1999 Jkt 183247 PO 00000 Frm 00035 Fmt 4703 Sfmt 4703 E:\FR\FM\A12AU3.161 pfrm07 PsN: 12AUN1 44010 Federal Register / Vol. 64, No. 155 / Thursday, August 12, 1999 / Notices specifies that members must represent Additional Considerations: the skill, education, and training needs the following: The Council is looking for individuals for environmental professionals. • Primary and secondary education who demonstrate the following: Dated: July 30, 1999. (one of whom shall be a classroom • Ability to make the time David L. Cohen, teacher)—two members. commitment. • Colleges and universities—two • Strong leadership skills. Acting Associate Administrator, Office of • Strong analytical and writing skills. Communications, Education and Media members. Relations. • Not-for-profit organizations • Ability to stand apart and evaluate [FR Doc. 99–20870 Filed 8–11–99; 8:45 am] involved in environmental education— programs in an unbiased fashion. two members. • Team players. BILLING CODE 6560±50±P • State departments of education and • Conviction to follow through and to meet deadlines. natural resources—two members. ENVIRONMENTAL PROTECTION • Business and industry—two • Ability to review items on short AGENCY members. notice. • Senior Americans—one member. DATES: Applications to fill the existing [OPPTS±51926; FRL±6077±2] Members are chosen to represent the vacancies on the Council must be various geographic regions of the submitted no later than September 24, Certain New Chemicals; Receipt and country, and the Council shall have 1999. The application must include the Status Information minority representation. The following: AGENCY: • Environmental Protection professional backgrounds of Council Name/address/phone/e-mail of Agency (EPA). members include scientific, policy, and applicant. ACTION: Notice. other appropriate disciplines. Each • 1–2 page resume (Please do not member of the Council shall hold office exceed 2 pages.) SUMMARY: Section 5 of the Toxic • for a one (1) to three (3) year period, Two (2) letters of support for the Substances Control Act (TSCA) requires which runs from November to applicant. any person who intends to manufacture • November of each calender year. One (1) page statement of ‘‘How the (defined by statute to include import) a Members are expected to participate in candidate is qualified.’’ This must not new chemical (i.e., a chemical not on up to two (2) meetings per year and exceed one (1) page. the TSCA Inventory) to notify EPA and • monthly or more conference calls per One (1) page statement by the comply with the statutory provisions year. Members of the Council shall applicant on his/her personal pertaining to the manufacture of new receive compensation and allowances, perspective on environmental chemicals. Under sections 5(d)(2) and including travel expenses, at a rate fixed education. This must not exceed one (1) 5(d)(3) of TSCA, EPA is required to by the Administrator. page. publish a notice of receipt of a There are currently five (5) vacancies ADDRESSES: Submit nominations to premanufacture notice (PMN) or an on the Advisory Council that must be Ginger Keho, Advisory Council application for a test marketing filled. Coordinator, Office of Environmental • exemption (TME), and to publish Business and Industry—one Education, Office of Communications, periodic status reports on the chemicals vacancy (Nov. 1999–Nov. 2002). Education and Media Relations (1704), • under review and the receipt of notices College and University—one U.S. EPA, 401 M Street, SW., of commencement to manufacture those vacancy (Nov. 1999–Nov. 2002). Washington, DC 20460. chemicals. This status report, which • State Department of Education— FOR FURTHER INFORMATION CONTACT: covers the period from March 1, 1999, one vacancy (Nov. 1999–Nov. 2002). Ginger Keho at the above address, or to March 19, 1999, consists of the PMNs • Non-Profit Organization—one call (202) 260–4129. E-mail address: and TMEs, both pending or expired, and vacancy (Nov. 1999–Nov. 2002). [email protected] the notices of commencement to • Primary/Secondary Education manufacture a new chemical that the (must be an in-service classroom SUPPLEMENTARY INFORMATION: The Agency has received under TSCA teacher)—one vacancy (Nov. 1999–Nov. Council provides the Administrator section 5 during this time period. 2002). with advice and recommendations on These notices were inadvertently EPA particularly seeks candidates EPA implementation of the National excluded when the Agency announced with demonstrated experience and/or Environmental Education Act. In its receipt of PMNs and TME’s for knowledge in any of the following general, the Act is designed to increase March 1999. environmental education issue areas: public understanding of environmental • Integrating environmental issues and problems, and to improve the FOR FURTHER INFORMATION CONTACT: education into state and local education training of environmental education Christine Augustyniak, Associate reform and improvement; professionals. EPA will achieve these Director, Environmental Assistance • State, local and tribal level capacity goals, in part, by awarding grants and/ Division (7408), Office of Pollution building; or establishing partnerships with other Prevention and Toxics, Environmental • Cross-sector partnerships; Federal agencies, state and local Protection Agency, 401 M St., SW., leveraging resources for environmental education and natural resource Washington, DC 20460; telephone education; agencies, not-for-profit organizations, numbers: 202–554–1404 and TDD: 202– • Design and implementation of universities, and the private sector to 554–0551; e-mail address: TSCA- environmental education research encourage and support environmental [email protected]. • Professional development for education and training programs. The SUPPLEMENTARY INFORMATION: teachers and other education Council is also responsible for preparing professionals; and a national biennial report to Congress I. Does This Action Apply to Me? • Targeting under-represented that will describe and assess the extent This action is directed to the public audiences, including low-income and and quality of environmental education, in general. As such, the Agency has not multi-cultural audiences, senior discuss major obstacles to improving attempted to describe the specific citizens, and other adults. environmental education, and identify entities that this action may apply to.

VerDate 18-JUN-99 11:03 Aug 11, 1999 Jkt 183247 PO 00000 Frm 00036 Fmt 4703 Sfmt 4703 E:\FR\FM\A12AU3.094 pfrm07 PsN: 12AUN1 Federal Register / Vol. 64, No. 155 / Thursday, August 12, 1999 / Notices 44011

Although others may be affected, this physically located in the docket, as well under review and the receipt of notices action applies directly to the submitter as the documents that are referenced in of commencement to manufacture those of the premanufacture notices addressed those documents. The public version of chemicals. This status report, which in the action. If you have any questions the official record does not include any covers the period from March 1, 1999, regarding the applicability of this action information claimed as CBI. The public to March 19, 1999, consists of the to a particular entity, consult the person version of the official record, which PMNs, both pending or expired, and the listed in the ‘‘FOR FURTHER includes printed, paper versions of any notices of commencement to INFORMATION CONTACT’’ section. electronic comments submitted during manufacture a new chemical that the an applicable comment period, is II. How Can I Get Additional Agency has received under TSCA available for inspection in the TSCA Information, Including Copies of This section 5 during this time period. Nonconfidential Information Center, Document and Other Related North East Rm. B-607, Waterside Mall, IV. Receipt and Status Report for PMNs Documents? 401 M St., SW., Washington, DC. The A. Electronically. You may obtain Center is open from 12 noon to 4 p.m., This status report identifies the copies of this document and certain Monday through Friday, excluding legal PMNs, both pending or expired, and the other available documents from the EPA holidays. The telephone number of the notices of commencement to Internet Home Page at http:// Center is 202–260–7099. manufacture a new chemical that the www.epa.gov/. On the Home Page select C. By phone. If you need additional Agency has received under TSCA ‘‘Laws and Regulations’’ and then look information about this action, you may section 5 during this time period. If you up the entry for this document under also contact the person identified in the are interested in information that is not the ‘‘Federal Register - Environmental ‘‘FOR FURTHER INFORMATION included in the following tables, you Documents.’’ You can also go directly to CONTACT ’’ section. may contact EPA as described in Unit II the ‘‘Federal Register’’ listings at http:/ III. Why is EPA Taking This Action? above to access additional non-CBI /www.epa.gov/homepage/fedrgstr/. information that may be available. B. In person. The Agency has Section 5 of TSCA requires any established an official record for this person who intends to manufacture In table I, EPA provides the following action under docket control number (defined by statute to include import) a information (to the extent that such OPPTS–51926. The official record new chemical (i.e., a chemical not on information is not claimed as CBI) on consists of the documents specifically the TSCA Inventory) to notify EPA and the PMNs received by EPA during this referenced in this action, any public comply with the statutory provisions period: the EPA case number assigned comments received during an applicable pertaining to the manufacture of new to the PMN; the date the PMN was comment period, and other information chemicals. Under sections 5(d)(2) and received by EPA; the projected end date related to this action, including any 5(d)(3) of TSCA, EPA is required to for EPA’s review of the PMN; the information claimed as confidential publish a notice of receipt of a PMN or submitting manufacturer; the potential business information (CBI). This official an application for a TME, and to publish uses identified by the manufacturer in record includes the documents that are periodic status reports on the chemicals the PMN; and the chemical identity. I. 99 Premanufacture Notices Received From: 03/01/99 to 03/19/99

Projected Case No. Received Notice Manufacturer/Importer Use Chemical Date End Date

P±99±0523 03/01/99 05/30/99 CBI (G) Surfactants (G) Substituted polyoxyethylene P±99±0524 03/01/99 05/30/99 CBI (S) Polyurethane foam surfactant (G) Polydimethylsiloxane, hydroxyalkylether-terminated P±99±0525 03/02/99 05/31/99 CBI (G) Component of coating with open (G) Blocked isocyanate use P±99±0526 03/02/99 05/31/99 CBI (G) Component of coating with open (G) Blocked isocyanate use P±99±0527 03/02/99 05/31/99 CBI (G) Component of coating with open (G) Blocked isocyanate use P±99±0528 03/01/99 05/30/99 Unichema North (S) Lubricant base fluid for metal (G) Complex Ester* America working fluids P±99±0529 03/02/99 05/31/99 CBI (G) Anaerobic sealant/ threadlocker (G) Polyurethane methacrylate ingredient, for use on threaded fas- teners and flange sealing applica- tions P±99±0530 03/02/99 05/31/99 CBI (G) Anaerobic sealant/ threadlocker (G) Polyurethane acrylate ingredient, for use on threaded fas- teners and flange sealing applica- tions P±99±0532 03/01/99 05/30/99 CBI (S) Polymer used in coating solution (G) Partially silylated isocyanate oligomer P±99±0533 03/01/99 05/30/99 CBI (S) Polymer used in coating solution (G) Silylated polyetherisocyanate oligomer P±99±0536 03/02/99 05/31/99 CBI (S) Anaerobic bolt threadlocker and/or (G) Polyurethane acrylate flange sealant P±99±0537 03/02/99 05/31/99 CBI (S) Anaerobic bolt threadlocker and/or (G) Epoxy acrylate oligomer flange sealant P±99±0538 03/03/99 06/01/99 First Chemical Cor- (S) Photoinitiator for polymer system (S) Methanone, bis[4- poration (ethylmethylamino)phenyl]-*

VerDate 18-JUN-99 11:03 Aug 11, 1999 Jkt 183247 PO 00000 Frm 00037 Fmt 4703 Sfmt 4703 E:\FR\FM\A12AU3.162 pfrm07 PsN: 12AUN1 44012 Federal Register / Vol. 64, No. 155 / Thursday, August 12, 1999 / Notices

I. 99 Premanufacture Notices Received From: 03/01/99 to 03/19/99ÐContinued

Projected Case No. Received Notice Manufacturer/Importer Use Chemical Date End Date

P±99±0539 03/02/99 05/31/99 Dystar L. P. (S) Dyestuff for coloration of polyester (G) Propanenitrile, 3-[[4-[(sub- fiber stitut- ed)azo]phenyl](substituted)amino]-* P±99±0540 03/03/99 06/01/99 The Dow Chemical (G) Prepolymer for isocyanate poly- (G) Experimental mdi prepolymer Company urethane P±99±0541 03/03/99 06/01/99 The Dow Chemical (G) Polymer for thin films (G) Water dispersable polyurethane Company polymer P±99±0542 03/05/99 06/03/99 Dow Corning Corpora- (S) Water repellent for masonary (S) Silicic acid, diethoxyoctylsilyl tion trimethylsilyl ester* P±99±0543 03/03/99 06/01/99 The Dow Chemical (G) Chemical intermediate (G) Alkali salt of polyalkylene glycol Company P±99±0544 03/03/99 06/01/99 Huntsman Petro- (S) Metal working fluid - corrosion in- (S) Fatty acids, tall-oil, compounds chemical Corpora- hibition and ph control with 2-(2-aminoethoxy)ethanol* tion P±99±0545 03/03/99 06/01/99 Huntsman Petro- (S) Metal working fluid - corrosion in- (S) Octadecanoic acid, compound chemical Corpora- hibition and ph control with 2-(2-aminoethoxy) ethanol tion (1:1)* P±99±0546 03/03/99 06/01/99 Huntsman Petro- (S) Metal working fluid - corrosion in- (S) Isooctadecanoic acid, compound chemical Corpora- hibition and ph control with 2-(2-aminoethoxy) ethanol tion (1:1)* P±99±0547 03/03/99 06/01/99 Huntsman Petro- (S) Metal working fluid - corrosion in- (S) Fatty acids, soya, compounds chemical Corpora- hibition and ph control with 2-(2-aminoethoxy) ethanol* tion P±99±0548 03/03/99 06/01/99 Huntsman Petro- (S) Metal working fluid - corrosion in- (S) Fatty acids, castor-oil, compounds chemical Corpora- hibition and ph control with 2-(2-aminoethoxy) ethanol* tion P±99±0549 03/09/99 06/07/99 CBI (G) Adhesive for flexible substrates (G) Polyester urethane polymer P±99±0550 03/08/99 06/06/99 CBI (G) Softener/debonding agent (G) Acid salts of ester of amine ethoxylates P±99±0551 03/08/99 06/06/99 CBI (G) Softener/debonding agent (G) Acid salts of ester of amine ethoxylates P±99±0552 03/08/99 06/06/99 H. B. Fuller Company (S) Adhesive/sealant for window con- (G) Polyester isocyanate polymer struction P±99±0553 03/08/99 06/06/99 H. B. Fuller Company (S) Adhesive/sealant for window con- (G) Polyester isocyanate polymer struction P±99±0554 03/08/99 06/06/99 CBI (G) Softener/debonding agent (G) Mono, diester amines, ethoxylate P±99±0555 03/08/99 06/06/99 Imation Enterprises (G) Compound in color dispersion (G) Acrylate copolymer Corp. P±99±0556 03/08/99 06/06/99 CBI (G) Extractant modifier (G) Mixed diesters P±99±0557 03/09/99 06/07/99 First Chemical Cor- (G) Destructive use intermediate for (S) Benzenamine, 4,4′- poration the production of a polymer additive methylenebis[n-ethyl-n-methyl-* P±99±0558 03/10/99 06/08/99 CBI (G) A component of photoresist (G) Phenolic resin P±99±0559 03/10/99 06/08/99 CBI (G) Softener/ debonding agent (G) Ester quaternary ammonium com- pound P±99±0560 03/08/99 06/06/99 CBI (G) Open, non-dispersive use (G) Maleinized oil P±99±0561 03/09/99 06/07/99 CBI (G) Hydroxyl-terminated polyester; in- (G) Hydroxyl terminated polyester termediate for polyurethane poly- mer P±99±0562 03/08/99 06/06/99 CBI (S) Acid donor for polyamide dyeing (G) Diethylene glycol disubstituted or- ganic acid P±99±0563 03/08/99 06/06/99 CBI (S) Acid donor for polyamide dyeing (G) Diethylene glycol disubstituted or- ganic acid P±99±0564 03/10/99 06/08/99 CBI (G) Additive for conductive paste (G) Alkyl substituted succinic acid salt P±99±0565 03/10/99 06/08/99 Purac America (S) Solvent; cleaner; degreaser (S) Propanoic acid, 2-hydroxy-, meth- yl ester, (2s)-* P±99±0566 03/10/99 06/08/99 Purac America (S) Solvent; cleaner; degreaser (S) Propanoic acid, 2-hydroxy- ethyl ester, (2s)-* P±99±0567 03/10/99 06/08/99 Purac America (S) Solvent; cleaner; degreaser (S) Propanoic acid, 2-hydroxy- butyl ester, (2s)-* P±99±0568 03/03/99 06/01/99 Huntsman Petro- (G) Paper processing chemical (G) Fatty amide amphoteric chemical Corpora- tion P±99±0569 03/03/99 06/01/99 Huntsman Petro- (G) Paper processing chemical (G) Fatty imidazolium amphoteric chemical Corpora- tion P±99±0570 03/03/99 06/01/99 Huntsman Petro- (G) Paper processing chemical (G) Fatty amide amphoteric chemical Corpora- tion

VerDate 18-JUN-99 11:03 Aug 11, 1999 Jkt 183247 PO 00000 Frm 00038 Fmt 4703 Sfmt 4703 E:\FR\FM\A12AU3.162 pfrm07 PsN: 12AUN1 Federal Register / Vol. 64, No. 155 / Thursday, August 12, 1999 / Notices 44013

I. 99 Premanufacture Notices Received From: 03/01/99 to 03/19/99ÐContinued

Projected Case No. Received Notice Manufacturer/Importer Use Chemical Date End Date

P±99±0571 03/03/99 06/01/99 Huntsman Petro- (G) Paper processing chemical (G) Fatty imidazolium amphoteric chemical Corpora- tion P±99±0572 03/09/99 06/07/99 CBI (S) Leather dyeing (G) Polysubstituted bis phenylazonapthalene disulfonic acid P±99±0573 03/12/99 06/10/99 CBI (G) Additive, open, non-dispersive (G) Carboxylic acid alkyl ester modi- use fied polyalkylene amine P±99±0574 03/12/99 06/10/99 CBI (G) Additive, open, non-dispersive (G) N-alkyl modified polyisocyanate, use reaction products with diamine P±99±0575 03/12/99 06/10/99 Arizona Chemical (G) Open, non-dispersive use (G) Maleic modified rosin ester P±99±0576 03/12/99 06/10/99 CBI (S) Laminating adhesive (G) Polyester polyurethane P±99±0577 03/12/99 06/10/99 CBI (S) Moisture curing adhesive or coat- (G) Isocyanate terminated urethane ing for metal panel and laminating polymer wood P±99±0578 03/15/99 06/13/99 CBI (G) Open non dispersive (injection (G) Aliphatic thermoplastic poly- molding plastic) urethane resin P±99±0579 03/15/99 06/13/99 CBI (G) Lubricants for plastics (G) Fatty acid esters P±99±0580 03/17/99 06/15/99 KOSA (S) Reactant in manufacture of rigid (G) Aromatic polyester polyol polyurethane foam P±99±0581 03/16/99 06/14/99 CBI (S) Acid dye for the coloring of leath- (G) Chromate, bis[[[[[(substituted)azo] er phenyl]sulfonyl]amino]-hydroxy- [(substituted)azo]- naphthalenesulfonato]-, pentasodium* P±99±0582 03/15/99 06/13/99 CBI (G) Fiber spinning (G) Thermoplastic polyester poly- urethane polymer P±99±0583 03/15/99 06/13/99 Huntsman Petro- (S) Metal working fluid - corrosion in- (S) Fatty acids, coco, compds. with 2- chemical Corpora- hibition and ph control (2-aminoethoxy) ethanol* tion P±99±0584 03/15/99 06/13/99 Huntsman Petro- (S) Metal working fluid - corrosion in- (S) Dodecanoic acid, compd. with 2- chemical Corpora- hibition and ph control (2-aminoethoxy)ethanol (1:1)* tion P±99±0585 03/15/99 06/13/99 Huntsman Petro- (S) Metal working fluid - corrosion in- (S) Neodecanoic acid, compd. with 2- chemical Corpora- hibition and ph control (2-aminoethoxy)ethanol (1:1)* tion P±99±0586 03/15/99 03/15/99 Huntsman Petro- (S) Metal working fluid - corrosion in- (S) Decanoic acid, compd. with 2-(2- chemical Corpora- hibition and ph control aminoethoxy)ethanol (1:1)* tion P±99±0587 03/15/99 03/15/99 Huntsman Petro- (S) Metal working fluid - corrosion in- (S) Nonaanoic acid, compd. with 2-(2- chemical Corpora- hibition and ph control aminoethoxy)ethanol (1:1)* tion P±99±0588 03/15/99 03/15/99 Huntsman Petro- (S) Metal working fluid - corrosion in- (S) Boric acid (h3bo3), compd. with 2- chemical Corpora- hibition and ph control (2-aminoethoxy)ethanol (1:1)* tion P±99±0589 03/15/99 06/13/99 CBI (G) Component in manufacturing (G) Phosphorus chloride derivative processes; catalyst manufacture P±99±0590 03/18/99 06/16/99 CBI (G) Dyestuff for inkjet printer ink (G) Naphthalene sulfonic acid deriva- tive P±99±0591 03/16/99 06/14/99 CBI (G) Isolated polymer intermediate (G) Polyanhydride P±99±0592 03/15/99 06/13/99 CBI (S) Light absorbing dye for imaging (G) Substituted napthalene sulfonic media such as photographic films acid P±99±0593 03/15/99 06/13/99 CBI (S) Paraffin & asphaltene dissolving (G) Polyethylbenzene bottoms, middle agent in tertiary oil recovery; gas fraction, reaction products, distilla- compressor wash oil; carrier sol- tion heavies vent for polyurethane foam syn- thesis P±99±0594 03/15/99 06/13/99 CBI (S) Paraffin & asphaltene dissolving (G) Polyethylbenzene bottoms, middle agent in tertiary oil recovery; gas fraction, reaction products, distilla- compressor wash oil; carrier sol- tion heavies vent for polyurethane foam syn- thesis P±99±0595 03/17/99 06/15/99 Loctite Corporation (S) Site limited intermediate used in (S) 3-cyclohexene-1-carboxylic acid, the manufacture of ts990104 1-methyl-1-(4-methyl-3-cyclohenen- 1-yl) ethyl ester* P±99±0596 03/17/99 06/15/99 Loctite Corporation (S) Site limited intermediate used in (S) 3-cyclohexene-1-carbonyl the manufacture of ts990104 chloride* P±99±0597 03/17/99 06/15/99 Loctite corporation (S) Site limited intermediate used in (S) 3-cyclohexene-1-carboxylic acid* the manufacture of ts990104

VerDate 18-JUN-99 11:03 Aug 11, 1999 Jkt 183247 PO 00000 Frm 00039 Fmt 4703 Sfmt 4703 E:\FR\FM\A12AU3.162 pfrm07 PsN: 12AUN1 44014 Federal Register / Vol. 64, No. 155 / Thursday, August 12, 1999 / Notices

I. 99 Premanufacture Notices Received From: 03/01/99 to 03/19/99ÐContinued

Projected Case No. Received Notice Manufacturer/Importer Use Chemical Date End Date

P±99±0598 03/17/99 06/15/99 Loctite corporation (S) A component of novel adhesives/ (S) 7-oxabicyclo [4.1.0]heptane-3-car- sealant formulations boxylic acid, 1-methyl-1-(6-methyl- 7-oxabicyclo [4.1.0]hept-3-yl) ethyl ester* P±99±0599 03/16/99 06/14/99 CBI (G) Fragrance (S) Benzoic acid, 2-hydroxy-4-methyl, ethyl ester* P±99±0600 03/18/99 06/16/99 CBI (S) Coating for plastics sheet (S) Carbonic acid, diphenyl ester, polymer with 5-amino-1,3,3- trimethylcyclohexanemethanamine, 1,4-butanediol, 1,2-ethanediamine, 1,6-hexanediol and 1,1′- methylenebis[4- isocyanatocyclohexane], morpho- line-blocked* P±99±0601 03/18/99 06/16/99 CBI (G) Laminating adhesive (G) A polymer of an aromatic diisocyanate, aliphatic diols, a diepoxide and an aliphatic amine P±99±0602 03/18/99 06/16/99 Cook Composites & (S) Crosslinking polymer resin for (G) Acrylic polymer resin Polymers Co. coatings P±99±0603 03/18/99 06/16/99 Cook Composites & (S) Crosslinking polymer resin for (G) Acrylic polymer resin Polymers Co. coatings P±99±0604 03/18/99 06/16/99 Cook Composites & (S) Oil free alkyd for printing inks (G) Oil-free alkyd Polymers Co. P±99±0605 03/18/99 06/16/99 Cook Composites & (S) Pigment grinding vehicle (G) Unsaturated polyester resin Polymers Co. P±99±0606 03/18/99 06/16/99 CBI (S) Surfactant for extinguishing fires (G) Perfluoroalkylethyl amphoteric P±99±0607 03/18/99 06/16/99 CBI (S) Anionic surfactant for foaming (G) Anionic surfactant agent P±99±0608 03/18/99 06/16/99 CBI (S) Intermediate for surfactant (G) Perfluoroalkylethyl amine manufac. P±99±0609 03/18/99 06/16/99 CBI (S) Intermediate for surfactant (G) Perfluoroalkylethyl ester manufac. P±99±0610 03/18/99 06/16/99 CBI (G) Photoresist component (G) Polyhydroxystyrene compound P±99±0611 03/18/99 06/16/99 Engelhard Corporation (S) Pigment for industrial coatings (G) Azo red pigment P±99±0612 03/19/99 06/17/99 CIBA Specialty Chemi- (G) Textile dye (G) 2-anthracenesulfonic acid, 4-[[4- cals Corp. - Colors (acetylamino)phenyl]amino]-1- Div. amino-9,10-dihydro-9,10-dioxo-, compd. with alkanol amine-alkylene oxide polymer P±99±0613 03/18/99 06/16/99 CBI (S) Coatings for plastic sheet (S) Carbonic acid, diphenyl ester, polymer with 1,6- diisocyanatohexane, 1,6-hexanediol and 1,1′ -methylenebis[4- isocyanatocyclohexane]* P±99±0614 03/17/99 06/15/99 CBI (G) Polyurthane intermediate (G) Polyester modified isocyanate polymer P±99±0617 03/19/99 06/17/99 CBI (S) Uv light stabilizer for plastics (G) Substituted cyano acrylate P±99±0623 03/18/99 06/16/99 CBI (G) Additive for manufacture of arti- (G) Modified vinyl polymer cles P±99±0624 03/18/99 06/16/99 CBI (G) Additive for manufacture of arti- (G) Modified vinyl polymer cles P±99±0625 03/18/99 06/16/99 CBI (G) Additive for manufacture of arti- (G) Modified vinyl polymer cles P±99±0626 03/18/99 06/16/99 CBI (G) Additive for manufacture of arti- (G) Modified vinyl polymer cles P±99±0627 03/18/99 06/16/99 CBI (G) Additive for manufacture of arti- (G) Modified vinyl polymer cles P±99±0628 03/18/99 06/16/99 CBI (G) Additive for manufacture of arti- (G) Modified vinyl polymer cles P±99±0629 03/18/99 06/16/99 CBI (G) Additive for manufacture of arti- (G) Modified vinyl polymer cles P±99±0630 03/18/99 06/16/99 CBI (G) Intermediate for chemical manu- (G) Modified biopolymer facture P±99±0631 03/18/99 06/16/99 CBI (G) Intermediate for chemical manu- (G) Modified biopolymer facture

VerDate 18-JUN-99 11:03 Aug 11, 1999 Jkt 183247 PO 00000 Frm 00040 Fmt 4703 Sfmt 4703 E:\FR\FM\A12AU3.162 pfrm07 PsN: 12AUN1 Federal Register / Vol. 64, No. 155 / Thursday, August 12, 1999 / Notices 44015

In table II, EPA provides the following the Notices of Commencement to information (to the extent that such manufacture received: information is not claimed as CBI) on II. 38 Notices of Commencement Received From: 03/01/99 to 03/19/99

Commence- Case No. Received Date ment/Import Chemical Date

P±91±1224 03/11/99 01/05/98 (G) Modified maleated rosin, calcium, magnesium and zinc salts. P±92±1053 03/16/99 02/26/99 (G) Polyethanolamine diester with fatty acids dialkyl sulfate salts P±93±0209 03/01/99 02/18/99 (G) Substituted phenol ester P±94±0583 03/01/99 02/24/99 (G) Modified methyl methacrylate/ethyl acrylate polymer P±94±1238 03/18/99 03/05/99 (S) Propanenitrile, 3-[amino, n-(tallowalkyl)] dipropylenetri-* P±94±2072 03/01/99 05/09/98 (G) Ethoxysilane P±96±0713 03/03/99 02/17/99 (G) Hydrogenated petroleum resin P±97±0104 03/10/99 02/18/99 (G) Polyisocyante adduct based on toluenediisocyanate P±97±0711 03/11/99 03/02/99 (G) Crosslinking stoving urethane resin P±97±0813 03/09/99 02/24/99 (G) Diphenol tars P±97±0919 03/18/99 06/01/98 (G) Polyisobutylene succinimide molybdenum inhibitor P±98±0551 03/10/99 02/02/99 (G) Substance (1) polyether succinate P±98±0567 03/15/99 03/04/99 (G) Styrene acrylic polymer P±98±0619 03/16/99 03/09/99 (G) Acrylic polymer P±98±0840 03/08/99 03/03/99 (G) Polyester resin P±98±0865 03/16/99 03/04/99 (G) Acrylic resin P±98±0883 03/08/99 02/05/99 (G) Quarternary ammonium functional acrylic polymer P±98±0925 03/08/99 02/25/99 (G) Modified hydrocarbon resin P±98±1121 03/10/99 02/23/99 (G) Methacrylic and acrylic ester copolymer P±98±1122 03/10/99 02/23/99 (G) Alkyl methacrylate, morpholinylethyl methacrylate copolymer P±98±1123 03/10/99 02/23/99 (G) Methacrylic and acrylic esters copolymer P±98±1125 03/01/99 02/23/99 (G) Adduct of polyamide and polyamine P±98±1137 03/08/99 02/16/99 (S) Hexanoic acid, 6-[[(4-methylphenyl)sulfonyl]amino]-* P±98±1157 03/01/99 01/29/99 (G) Acetal blocked phs P±98±1167 03/15/99 02/11/99 (G) Epoxidized styrene-butadien copolymer P±98±1174 03/08/99 02/24/99 (G) Amine fatty acid salt P±99±0008 03/03/99 02/10/99 (G) Cationic epoxy resin P±99±0017 03/18/99 03/06/99 (G) Alkenes, maleic anhydride polymer P±99±0047 03/01/99 02/24/99 (G) B-alanine, n-(substituted)phenyl)azo-3-alkyl(phenyl)-n-ethyl-, alkoxy ester P±99±0048 03/15/99 03/03/99 (G) Naphthalenedisulfonic acid, substituted triazine, substituted naphthalenyl azo-, mixed salts P±99±0085 03/10/99 02/23/99 (G) Bisphenol a-type polyester resin P±99±0090 03/09/99 02/07/99 (G) Aluminum organometallic compound P±99±0097 03/01/99 02/02/99 (G) Heavy aromatic solvent P±99±0098 03/01/99 02/02/99 (G) Heavy aromatic solvent P±99±0105 03/01/99 02/19/99 (G) Soduim salt of substituted copper phthalocyanine derivative P±99±0136 03/02/99 02/18/99 (G) Saturated copolyester resin P±99±0161 03/02/99 02/24/99 (G) Blocked polyisocyanate P±99±0177 03/18/99 02/26/99 (G) Acrylate functional polyester Y±94±0060 03/01/99 01/23/99 (G) Alkyd resin

Environmental protection, ENVIRONMENTAL PROTECTION EPA is authorized under section Premanufacture notices. AGENCY 309(g) of the Act, 33 U.S.C. 1319(g), to [FRL±6418±7] assess a civil penalty after providing the Dated: August 4, 1999. person subject to the penalty notice of Proposed Administrative Penalty the proposed penalty and the Oscar Morales, Assessments and Opportunity to opportunity for a hearing, and after Acting Director, Information Management Comment providing interested persons notice of Division, Office of Pollution Prevention and the proposed penalty and a reasonable Toxics. AGENCY: Environmental Protection opportunity to comment on its issuance. Agency (EPA). [FR Doc. 99–20872 Filed 8-11-99; 8:45 am] Under section 309(g), any person who ACTION: BILLING CODE 6560±50±F Notice of Proposed Assessment without authorization discharges a of Clean Water Act Class I pollutant to a navigable water, as those Administrative Penalty and opportunity terms are defined in section 502 of the to comment. Act, 33 U.S.C. 1362, may be assessed a SUMMARY: EPA is providing notice of a penalty in a ‘‘Class I’’ administrative proposed administrative penalty for penalty proceeding. Class I proceedings alleged violations of the Clean Water under section 309(g) are conducted in Act. EPA is also providing notice of accordance with proposed consolidated opportunity to comment on the rules of practice governing the proposed penalty. administrative assessment of civil

VerDate 18-JUN-99 11:03 Aug 11, 1999 Jkt 183247 PO 00000 Frm 00041 Fmt 4703 Sfmt 4703 E:\FR\FM\A12AU3.162 pfrm07 PsN: 12AUN1 44016 Federal Register / Vol. 64, No. 155 / Thursday, August 12, 1999 / Notices penalties, published at 63 FR 9464 (Feb. Compliance matters pursuant to 2 arrangement. Under the proposed 25, 1998). U.S.C. § 437g. Mortgage Purchase Program, or MPP, EPA is providing notice of the Audits conducted pursuant to 2 U.S.C. the FHLBanks could purchase fixed- following proposed Class I penalty § 437g, § 438(b), and Title 26, U.S.C. rate, single family mortgages from proceeding initiated by the Water Matters concerning participation in civil member financial institutions subject to Division, U.S. EPA, Region 9, 75 actions or proceedings or the establishment of a risk-sharing Hawthorne St., San Francisco, CA arbitration. account designed to transfer a 94105: Internal personnel rules and procedures substantial portion of the credit risk to In the Matter of Arizona Dairy Co., or matters affecting a particular the member financial institution. In Docket No. CWA–09–99–0002, filed July employee. addition to the risk-sharing account, the 14, 1999; proposed penalty, $18,000; for DATE & TIME: Thursday, August 19, 1999 member would further credit enhance unauthorized discharge from Arizona at 10:00 a.m. the mortgage loans by providing Dairy Co., 19135 E. Elliot Rd., Higley, PLACE: 999 E Street, N.W., Washington, supplemental mortgage insurance. The AZ 85236, on March 31 and April 14, D.C. (ninth floor). MPP is designed to provide member 1998, to Warner Road Alignment Wash STATUS: This meeting will be open to the financial institutions with another and the Eastern Maricopa Floodway. public. alternative to selling mortgages in the Procedures by which the public may ITEMS TO BE DISCUSSED: secondary market, and the FHLBanks comment on a proposed Class I penalty Correction and Approval of Minutes. with a means to increase mission- or participate in a Class I penalty Advisory Opinion 1999–19: Andrea related activities. proceeding are set forth in the proposed Ellis. FOR FURTHER INFORMATION CONTACT: consolidated rules. Notice of Availability—Petition for Scott Smith, Deputy Director, Office of DATES: The deadline for submitting Rulemaking Filed by James Bopp, Policy, Research and Analysis, (202) public comment on a proposed Class I Jr., on Behalf of the Iowa Right to 408–2991, Federal Housing Finance penalty is on or before September 13, Life Committee, Inc. Board, 1777 F Street, NW, Washington, 1999. The Regional Administrator of Administrative Matters. DC 20006. EPA, Region 9 may issue an order upon PERSON TO CONTACT FOR INFORMATION: Dated: August 6, 1999. default if the respondent in the Mr. Ron Harris, Press Officer, Bruce A. Morrison, proceeding fails to file a response Telephone: (202) 694–1220. Chairman. within the time period specified in the Mary W. Dove, [FR Doc. 99–20797 Filed 8–11–99; 8:45 am] proposed consolidated rules. Acting Secretary. BILLING CODE 6725±01±P FOR FURTHER INFORMATION CONTACT: [FR Doc. 99–20987 Filed 8–10–99; 11:42 am] Persons wishing to receive a copy of the BILLING CODE 6715±01±M proposed consolidated rules, review the FEDERAL MARITIME COMMISSION complaint, proposed consent order, or [Docket No. 99±14] other documents filed in the FEDERAL HOUSING FINANCE BOARD proceeding, comment upon the proposed penalty, or participate in any [99±N±10] Global Transporte Oceanico S.A. v. Coler Ocean Independent Lines Co.; hearing that may be held, should Notice of Filing of Complaint and contact Danielle Carr, Regional Hearing Pilot Mortgage Program Proposed by Assignment Clerk, U.S. EPA, Region 9, 75 the Federal Home Loan Banks of Hawthorne St., San Francisco, CA Cincinnati, Indianapolis, and Seattle Notice is given that a complaint filed 94105, (415) 744–1391. Documents filed AGENCY: Federal Housing Finance by Global Transporte Oceanico S.A. as part of the public record in the Board. (‘‘Complainant’’) against Coler Ocean proceeding are available for inspection ACTION: Notice. Independent Lines Co. (‘‘Respondent’’) during business hours at the office of was served August 3, 1999. the Regional Hearing Clerk. Background Complainant alleges that Respondent In order to provide opportunity for violated section 10(a)(1) of the Shipping public comment, EPA will not take final Pursuant to the procedures set forth in Act of 1984, 46 U.S.C. app. §§ 1709(a)(1) action in the proceeding prior to thirty Federal Housing Finance Board by failing to remit full payment of ocean days after issuance of this document. (Finance Board) Resolution 97–70 freight and other charges, issuing a bank (November 12, 1997), the Finance Board Dated: July 30, 1999. draft for payment which was returned is publishing notice of receipt of an for insufficient funds, and subsequently John Ong, application from the Federal Home Loan Director, Water Division, Region 9. agreeing to a schedule of payments but Banks (FHLBanks) of Cincinnati, failing to make the scheduled payments. [FR Doc. 99–20865 Filed 8–11–99; 8:45 am] Indianapolis, and Seattle to initiate a This proceeding has been assigned to BILLING CODE 6560±50±P pilot program. As specified in the the office of Administrative Law Judges procedures, the Finance Board will not and Complainant has requested that this act on the application during the 30-day proceeding be conducted under FEDERAL ELECTION COMMISSION notice period and will consider any shortened procedure. Hearing in this comments received during the notice matter, if any is held, shall commence Sunshine Act Meeting period before taking action. within the time limitations prescribed DATE & TIME: Tuesday, August 17, 1999 SUMMARY: The Finance Board has under in 46 CFR 502.61, and only after at 10:00 a.m. consideration a proposal submitted consideration has been given by the PLACE: 999 E Street, N.W., Washington, jointly by the FHLBanks of Cincinnati, parties and the presiding officer to the D.C. Indianapolis and Seattle to initiate a use of alternative forms of dispute STATUS: This meeting will be closed to pilot program to purchase mortgage resolution. The hearing shall include the public. loans from member financial oral testimony and cross-examination in ITEMS TO BE DISCUSSED: institutions under a credit risk sharing the discretion of the presiding officer

VerDate 18-JUN-99 11:03 Aug 11, 1999 Jkt 183247 PO 00000 Frm 00042 Fmt 4703 Sfmt 4703 E:\FR\FM\A12AU3.092 pfrm07 PsN: 12AUN1 Federal Register / Vol. 64, No. 155 / Thursday, August 12, 1999 / Notices 44017 only upon proper showing that there are 1. Provident Bancorp, Amesbury, regulation) to be so closely related to genuine issues of material fact that Massachusetts; to become a bank banking or managing or controlling cannot be resolved on the basis of sworn holding company by acquiring 100 banks as to be a proper incident thereto. statements, affidavits, depositions, or percent of the voting shares of The A particular activity may be found to other documents or that the nature of Provident Bank, Amesbury, meet the ‘‘closely related to banking’’ the matter in issue is such that an oral Massachusetts. test if it is demonstrated that banks hearing and cross-examination are B. Federal Reserve Bank of New York generally have provided the proposed necessary for the development of an (Betsy Buttrill White, Senior Vice activity, that banks generally provide adequate record. Pursuant to the further President) 33 Liberty Street, New York, services that are operationally or terms of 46 CFR 502.61, the initial New York 10045-0001: functionally similar to the proposed decision of the presiding officer in this 1. Popular, Inc., Popular International activity so as to equip them particularly proceeding shall be issued by August 3, Bank Inc., both of Hato Rey, Puerto well to provide the proposed activity, or 2000, and the final decision of the Rico., and Popular North America, Inc., that banks generally provide services Commission shall be issued by Mount Laurel, Pennsylvania; to acquire that are so integrally related to the December 1, 2000. 100 percent of the voting shares of proposed activity as to require their Ronald D. Murphy, Aurora National Bank, Aurora, Illinois. provision in a specialized form. Assistant Secretary. Board of Governors of the Federal Reserve National Courier Ass’n v. Board of System, August 6, 1999. [FR Doc. 99–20789 Filed 8–11–99; 8:45 am] Governors, 516 F.2d 1229, 1237 (D.C. Robert deV. Frierson, BILLING CODE 6730±01±M Cir. 1975). In addition, the Board may Associate Secretary of the Board. consider any other basis that may [FR Doc. 99–20819 Filed 8-11-99; 8:45 am] demonstrate that the activity has a BILLING CODE 6210-01-F reasonable or close relationship to FEDERAL RESERVE SYSTEM banking or managing or controlling banks. Board Statement Regarding Formations of, Acquisitions by, and FEDERAL RESERVE SYSTEM Regulation Y, 49 Federal Register 794, Mergers of Bank Holding Companies 806 (1984). The companies listed in this notice Notice of Proposals to Engage in In order to approve the proposal, the Nonbanking Activities or to Acquire have applied to the Board for approval, Board must determine that the proposed Companies that are Engaged in pursuant to the Bank Holding Company activities to be conducted by Notificant Nonbanking Activities Act of 1956 (12 U.S.C. 1841 et seq.) ‘‘can reasonably be expected to produce (BHC Act), Regulation Y (12 CFR Part Bank of Nova Scotia, Toronto, Canada benefits to the public, such as grater 225), and all other applicable statutes (Notificant) has applied for Board convenience, increased competition, or and regulations to become a bank approval pursuant to section 4(c)(8) of gains in efficiency, that outweigh holding company and/or to acquire the the Bank Holding Company Act (12 possible adverse effects, such as undue assets or the ownership of, control of, or U.S.C. 1843(c)(8)) (BHC Act) and section concentration of resources, decreased or the power to vote shares of a bank or 225.24 of the Board’s Regulation Y (12 unfair competition, conflicts of bank holding company and all of the C.F.R. 225.24), to engage as principal in interests, or unsound banking banks and nonbanking companies forward contracts, swap transactions, practices.’’ 12 U.S.C. 1843(c)(8). owned by the bank holding company, and similar derivative contracts based Notificant believes that the proposal including the companies listed below. on the equity and debt securities of a would produce public benefits that The applications listed below, as well single issuer through its wholly-owned outweigh any potential adverse effects. as other related filings required by the subsidiary, Scotiabanc Inc., Atlanta, In publishing the proposal for Board, are available for immediate Georgia. This activity will be conducted comment, the Board does not take a inspection at the Federal Reserve Bank worldwide. position on issues raised by the indicated. The application also will be The Board has previously authorized proposal. Notice of the proposal is available for inspection at the offices of bank holding companies under section published solely to seek the views of the Board of Governors. Interested 4(c)(8) of the BHC Act to underwrite and interested persons on the issues persons may express their views in deal, to a limited extent, in all types of presented by the notice and does not writing on the standards enumerated in debt and equity securities, except represent a determination by the Board the BHC Act (12 U.S.C. 1842(c)). If the interests in open-end investment that the proposal meets, or is likely to proposal also involves the acquisition of companies (‘‘bank-ineligible securities’’) meet, the standards of the BHC Act. Any a nonbanking company, the review also (see Canadian Imperial Bank of comments or requests for hearing includes whether the acquisition of the Commerce, et al., 76 Fed. Res. Bull. 158 should be submitted in writing and nonbanking company complies with the (1990); J.P. Morgan & Co. Incorporated., received by Jennifer J. Johnson, standards in section 4 of the BHC Act 75 Fed. Res. Bull. 192 (1989)). The Secretary, Board of Governors of the (12 U.S.C. 1843). Unless otherwise Board has determined that such Federal Reserve System, Washington, noted, nonbanking activities will be activities are consistent with section 20 D.C. 20551, not later than September 7, conducted throughout the United States. of the Glass-Steagall Act (12 U.S.C. 377) 1999. Any request for a hearing on this Unless otherwise noted, comments provided that the company engaged in application must, as required by section regarding each of these applications underwriting and dealing in bank- 262.3(e) of the Board’s Rules of must be received at the Reserve Bank ineligible securities does not derive Procedure (12 CFR 262.3(e)), be indicated or the offices of the Board of more than 25 percent of its revenues accompanied by a statement of the Governors not later than September 7, from such activities. Section 4(c)(8) of reasons why a written presentation 1999. the BHC Act also provides that a bank would not suffice in lieu of a hearing, A. Federal Reserve Bank of Boston holding company may, with Board identifying specifically any questions of (Richard Walker, Community Affairs approval, engage in any activity that the fact that are in dispute, summarizing the Officer) 600 Atlantic Avenue, Boston, Board, after due notice and opportunity evidence that would be presented at a Massachusetts 02106-2204: for hearing, has determined (by order or hearing, and indicating how the party

VerDate 18-JUN-99 11:03 Aug 11, 1999 Jkt 183247 PO 00000 Frm 00043 Fmt 4703 Sfmt 4703 E:\FR\FM\A12AU3.032 pfrm07 PsN: 12AUN1 44018 Federal Register / Vol. 64, No. 155 / Thursday, August 12, 1999 / Notices commenting would be aggrieved by investment advisory services, including agencies must obtain approval from the approval of the proposal. securities clearing and/or securities Office of Management and Budget This application may be inspected at execution services on an exchange and (OMB) for each collection of the offices of the Board of Governors or incidental activities such as securities information they conduct or sponsor. the Federal Reserve Bank of New York. credit activities and custodial services, ‘‘Collection of information’’ is defined Board of Governors of the Federal Reserve pursuant to § 225.25(b)(7)(i) of in 44 U.S.C. 3502(3) and 5 CFR System, August 6, 1999. Regulation Y. 1320.3(c) and includes agency requests Robert deV. Frierson, Board of Governors of the Federal Reserve or requirements that members of the Associate Secretary of the Board. System, August 6, 1999. public submit reports, keep records, or [FR Doc. 99–20818 Filed 8-11-99; 8:45 am] Robert deV. Frierson, provide information to a third party. Section 3506(c)(2)(A) of the PRA (44 BILLING CODE 6210-01-F Associate Secretary of the Board. U.S.C. 3506(c)(2)(A)) requires Federal [FR Doc. 99–20817 Filed 8-11-99; 8:45 am] agencies to provide a 60-day notice in BILLING CODE 6210-01-F FEDERAL RESERVE SYSTEM the Federal Register concerning each proposed collection of information, Notice of Proposals to Engage in including each proposed extension of an Permissible Nonbanking Activities or DEPARTMENT OF HEALTH AND existing collection of information, to Acquire Companies that are HUMAN SERVICES before submitting the collection to OMB Engaged in Permissible Nonbanking for approval. To comply with this Activities Food and Drug Administration requirement, FDA is publishing notice [Docket No. 99N±2553] of the proposed collection of The companies listed in this notice information set forth in this document. have given notice under section 4 of the Agency Information Collection With respect to the following Bank Holding Company Act (12 U.S.C. Activities: Proposed Collection; collection of information, FDA invites 1843) (BHC Act) and Regulation Y (12 Comment Request; Citizen Petition comments on: (1) Whether the proposed CFR Part 225), to engage de novo, or to collection of information is necessary acquire or control voting securities or AGENCY: Food and Drug Administration, for the proper performance of FDA’s assets of a company, including the HHS. functions, including whether the companies listed below, that engages ACTION: Notice. information will have practical utility; either directly or through a subsidiary or (2) the accuracy of FDA’s estimate of the other company, in a nonbanking activity SUMMARY: The Food and Drug burden of the proposed collection of that is listed in § 225.28 of Regulation Administration (FDA) is announcing an information, including the validity of Y (12 CFR 225.28) or that the Board has opportunity for public comment on the the methodology and assumptions used; determined by Order to be closely proposed collection of certain (3) ways to enhance the quality, utility, related to banking and permissible for information by the agency. Under the and clarity of the information to be bank holding companies. Unless Paperwork Reduction Act of 1995 (the collected; and (4) ways to minimize the otherwise noted, these activities will be PRA), Federal agencies are required to burden of the collection of information conducted throughout the United States. publish notice in the Federal Register on respondents, including through the Each notice is available for inspection concerning each proposed collection of use of automated collection techniques, at the Federal Reserve Bank indicated. information, including each proposed when appropriate, and other forms of The notice also will be available for extension of an existing collection of information technology. inspection at the offices of the Board of information, and to allow 60 days for Governors. Interested persons may public comment in response to the Citizen Petition—21 CFR 10.30 (OMB express their views in writing on the notice. This notice solicits comments on Control Number 0910–0183—Extension) question whether the proposal complies reporting requirements contained in The Administrative Procedures Act (5 with the standards of section 4 of the existing FDA regulations relative to a U.S.C. 553(e)) provides that every BHC Act. participant’s right to petition for agency shall accord any interested Unless otherwise noted, comments issuance amendment or repeal of a rule. person the right to petition for issuance, regarding the applications must be DATES: Submit written comments on the amendment, or repeal of a rule. Section received at the Reserve Bank indicated collection of information by October 12, 10.30 (21 CFR 10.30) provides that any or the offices of the Board of Governors 1999. person may submit to the agency a not later than September 7, 1999. citizen petition requesting the ADDRESSES: Submit written comments A. Federal Reserve Bank of Chicago on the collection of information to the Commissioner of Food and Drugs to (Philip Jackson, Applications Officer) Dockets Management Branch (HFA– issue, amend, or revoke a regulation or 230 South LaSalle Street, Chicago, 305), Food and Drug Administration, order, or to take or refrain from taking Illinois 60690-1413: 5630 Fishers Lane, rm. 1061, Rockville, any other form of administrative action. 1. First Busey Corporation, Urbana, The information is used by the agency MD 20852. All comments should be Illinois; to acquire Eagle BancGroup, to determine the need or desirability of identified with the docket number Inc., Bloomington, Illinois, and thereby the requested action and also to found in brackets in the heading of this indirectly acquire First Federal Savings determine if the submitted information document. and Loan of Bloomington, Bloomington, is sufficient to support the action. FDA Illinois, and FFS Investment Services, FOR FURTHER INFORMATION CONTACT: determines if the submitted information Bloomington, Illinois, and thereby JonnaLynn P. Capezzuto, Office of is sufficient to support the action. FDA engage in operating a savings Information Resources Management determines whether or not to grant the association, pursuant to § (HFA–250), Food and Drug petition based on the information 225.25(b)(4)(ii) of Regulation Y; Administration, 5600 Fishers Lane, submitted. providing securities brokerage services Rockville, MD 20857, 301–827–4659. The affected respondents are with respect to all types of securities, SUPPLEMENTARY INFORMATION: Under the individuals or households, State or local both alone and in combination with PRA (44 U.S.C. 3501–3520), Federal governments, nonprofit institutions and

VerDate 18-JUN-99 11:03 Aug 11, 1999 Jkt 183247 PO 00000 Frm 00044 Fmt 4703 Sfmt 4703 E:\FR\FM\A12AU3.083 pfrm07 PsN: 12AUN1 Federal Register / Vol. 64, No. 155 / Thursday, August 12, 1999 / Notices 44019 businesses or other for-profit FDA estimates the burden of this institutions or groups. collection of information as follows:

TABLE 1.ÐESTIMATED ANNUAL REPORTING BURDEN1

Annual 21 CFR Section No. of Frequency per Total Annual Hours per Total Hours Respondents Response Responses Response

10.30 120 1 120 12 1,440 1 There are no capital costs or operating and maintenance costs associated with this collection of information.

Dated: August 6, 1999. Dated: August 5, 1999. Investigational New Drug (IND) William K. Hubbard, William K. Hubbard, Regulations—21 CFR Part 312 (OMB Senior Associate Commissioner for Policy, Senior Associate Commissioner for Policy, Control Number 0910–0014)— Renewal Planning and Legislation. Planning and Legislation. FDA is requesting OMB approval for [FR Doc. 99–20794 Filed 8–11–99; 8:45 am] [FR Doc. 99–20793 Filed 8–11–99; 8:45 am] the reporting and recordkeeping BILLING CODE 4160±01±F BILLING CODE 4160±01±F requirements contained in FDA’s regulation ‘‘Investigational New Drug Application’’ part 312 (21 CFR part DEPARTMENT OF HEALTH AND DEPARTMENT OF HEALTH AND 312). This regulation implements HUMAN SERVICES HUMAN SERVICES provisions of section 505(i) of the Federal Food, Drug, and Cosmetic Act Food and Drug Administration Food and Drug Administration (the act) (21 U.S.C. 355(i)) to issue regulations under which the clinical [Docket No. 99N±0926] [Docket No. 99N±1010] investigation of the safety and effectiveness of unapproved new drugs Agency Information Collection Agency Information Collection and biological products can be Activities; Submission for OMB Activities; Submission for OMB conducted. Review; Comment Request; Review; Comment Request; FDA is charged with implementing Regulations Under the Federal Import Investigational New Drug Regulations statutory requirements that drug Milk Act; Correction products marketed in the United States AGENCY: Food and Drug Administration, be shown to be safe and effective, AGENCY: Food and Drug Administration, HHS. properly manufactured, and properly HHS. ACTION: Notice. labeled for their intended uses. Section ACTION: Notice; correction. 505(a) of the act provides that a new SUMMARY: The Food and Drug drug may not be introduced or delivered for introduction into interstate SUMMARY: The Food and Drug Administration (FDA) is announcing Administration (FDA) is correcting a that the proposed collection of commerce in the United States unless notice that appeared in the Federal information listed below has been FDA has previously approved a new drug application (NDA). FDA approves Register of July 26, 1999 (64 FR 40379). submitted to the Office of Management an NDA only if the sponsor of the The document announced an and Budget (OMB) for review and application first demonstrates that the opportunity for public comment on a clearance under the Paperwork drug is safe and effective for the collection of information that had been Reduction Act of 1995 (the PRA). conditions prescribed, recommended, or submitted to the Office of Management DATES: Submit written comments on the suggested in the product’s labeling. and Budget for review and clearance. collection of information by September Proof must consist, in part, of adequate DATES: August 12, 1999. 13, 1999. and well-controlled studies, including FOR FURTHER INFORMATION CONTACT: ADDRESSES: Submit written comments studies in humans, that are conducted Peggy Schlosburg, Office of Information on the collection of information to the by qualified experts. The IND Resources Management (HFA–250), Office of Information and Regulatory regulations establish reporting Food and Drug Administration, 5600 Affairs, OMB, New Executive Office requirements that include an initial Fishers Lane, Rockville, MD 20857, Bldg., 725 17th St. NW., rm. 10235, application as well as amendments to 301–827–1223. Washington, DC 20503, Attn: Wendy that application, reports on significant Taylor, Desk Officer for FDA. revisions of clinical investigation plans, SUPPLEMENTARY INFORMATION: In FR Doc. and information on a drug’s safety or 99–18927, appearing on page 40379 in FOR FURTHER INFORMATION CONTACT: effectiveness. In addition, the sponsor is the Federal Register of Monday, July 26, Karen L. Nelson, Office of Information required to give FDA an annual 1999, the following correction is made: Resources Management (HFA–250), summary of the previous year’s clinical 1. On page 40379, in the third Food and Drug Administration, 5600 experience. Submissions are reviewed column, in the first full paragraph, Fishers Lane, Rockville, MD 20857, by medical officers and other agency beginning in the fourth line, ‘‘No 301–827–1482. scientific reviewers assigned comments were received.’’ is corrected SUPPLEMENTARY INFORMATION: In responsibility for overseeing the specific to read ‘‘One comment was received compliance with section 3507 of the study. The IND regulations also contain that was supportive of the Federal PRA (44 U.S.C. 3507), FDA has recordkeeping requirements that pertain Import Milk Act and encouraged FDA to submitted the following proposed to the responsibilities of sponsors and continue this information collection collection of information to OMB for investigators. The detail and complexity request.’’ review and clearance. of these requirements are dictated by the

VerDate 18-JUN-99 17:25 Aug 11, 1999 Jkt 183247 PO 00000 Frm 00045 Fmt 4703 Sfmt 4703 E:\FR\FM\12AUN1.XXX pfrm07 PsN: 12AUN1 44020 Federal Register / Vol. 64, No. 155 / Thursday, August 12, 1999 / Notices scientific procedures and human subject information provided by industry in investigational plan, (4) an investigator’s safeguards that must be followed in the response to the IND regulations, FDA brochure describing the drug substance, clinical tests of investigational new cannot authorize or monitor the clinical (5) a protocol for each planned study, drugs. investigations which must be conducted (6) chemistry, manufacturing, and The IND information collection prior to authorizing the sale and general control information for each requirements provide the means by use of new drugs. These reports enable investigation, (7) pharmacology and which FDA can: (1) Monitor the safety FDA to monitor a study’s progress, to toxicology information for each of ongoing clinical investigations; (2) assure subject safety, to assure that a investigation, and (8) previous human determine whether the clinical testing of study will be conducted ethically, and experience with the investigational a drug should be authorized; (3) ensure to increase the likelihood that the drug. production of reliable data on the sponsor will conduct studies that will metabolism and pharmacological action be useful in determining whether the Form FDA–1572— ‘‘Investigator of the drug in humans; (4) obtain timely drug should be marketed and available Statement.’’ Before permitting an information on adverse reactions to the for use in medical practice. investigator to begin participation in an drug; (5) obtain information on side There are two forms that are required investigation, the sponsor must obtain effects associated with increasing doses; under part 312: Form FDA–1571— and record this form. It includes (6) obtain information on the drug’s ‘‘Investigational New Drug background information on the effectiveness; (7) ensure the design of Application.’’A person who intends to investigator and the investigation, and a well-controlled, scientifically valid conduct a clinical investigation submits general outline of the planned studies; (8) obtain other information this form to FDA. It includes: (1) A investigation and the study protocol. pertinent to determining whether cover sheet containing background clinical testing should be continued and information on the sponsor and FDA is requesting OMB approval for information related to the protection of investigator, (2) a table of contents, (3) the following reporting and human subjects. Without the an introductory statement and general recordkeeping requirements in part 312:

TABLE 1.ÐREPORTING REQUIREMENTS

21 CFR Section Explanations

312.7(d) ...... Applications for permission to sell an investigational new drugs. 312.10(a) ...... Applications for waiver of requirements under part 312. Only emer- gency requests are estimated under this section; other requests are included under §§ 312.23 and 312.31. 312.20(c) ...... Applications for investigations involving an exception from informed consent under § 50.24 (21 CFR 50.24). Estimates for this require- ment are included under § 312.23. 312.23 ...... IND's (content and format). 312.23(a)(1) ...... Cover sheet FDA±1571. 312.23(a)(2) ...... Table of contents. 312.23(a)(3) ...... Investigational plan for each planned study. 312.23(a)(5) ...... Investigator's brochure. 312.23(a)(6) ...... ProtocolsÐPhase 1, 2, and 3. 312.23(a)(7) ...... Chemistry, manufacturing, and control information. 312.23(a)(7)(iv)(a), (b), and (c) ...... A description of the drug substance, a list of all components, and any placebo used. 312.23(a)(7)(iv)(d) ...... LabelingÐcopies of labels and labeling to be provided each investi- gator. 312.23(a)(7)(iv)(e) ...... Environmental impact analysis regarding drug manufacturing and use. 312.23(a)(8) ...... Pharmacological and toxicology information. 312.23(a)(9) ...... Previous human experience with the investigational drug. 312.23(a)(10) ...... Additional information. 312.23(a)(11) ...... Relevant information. 312.23(f) ...... Identification of exception from informed consent. 312.30 ...... Protocol amendments. 312.30(a) ...... New protocol. 312.30(b) ...... Change in protocol. 312.30(c) ...... New investigator. 312.30(d) ...... Content and format. 312.30(e) ...... Frequency. 312.31 ...... Information amendments. 312.31(b) ...... Content and format...... Chemistry, toxicology, or technical information. 312.32 ...... Safety reports. 312.32(c)(1) ...... Written reports to FDA and to investigators. 312.32(c)(2) ...... Telephone reports to FDA for fatal or life-threatening experience. 312.32(c)(3) ...... Format or frequency. 312.32(d) ...... Followup submissions. 312.33 ...... Annual reports. 312.33(a) ...... Individual study information. 312.33(b) ...... Summary information. 312.33(b)(1) ...... Adverse experiences. 312.33(b)(2) ...... Safety report summary. 312.33(b)(3) ...... List of fatalities and causes of death. 312.33(b)(4) ...... List of discontinuing subjects.

VerDate 18-JUN-99 11:03 Aug 11, 1999 Jkt 183247 PO 00000 Frm 00046 Fmt 4703 Sfmt 4703 E:\FR\FM\A12AU3.007 pfrm07 PsN: 12AUN1 Federal Register / Vol. 64, No. 155 / Thursday, August 12, 1999 / Notices 44021

TABLE 1.ÐREPORTING REQUIREMENTSÐContinued

21 CFR Section Explanations

312.33(b)(5) ...... Drug action. 312.33(b)(6) ...... Preclinical studies and findings. 312.33(b)(7) ...... Significant changes. 312.33(c) ...... Next year general investigational plan. 312.33(d) ...... Brochure revision. 312.33(e) ...... Phase I protocol modifications. 312.33(f) ...... Foreign marketing developments. 312.35 ...... Treatment use of investigational new drugs. 312.35(a) ...... Treatment protocol submitted by IND sponsor. 312.35(b) ...... Treatment IND submitted by licensed practitioner. 312.36 ...... Requests for emergency use of an investigational new drugs. 312.38(b) and (c) ...... Notification of withdrawal of an IND. 312.44(c) and (d) ...... Opportunity for sponsor response to FDA when IND is terminated. 312.45(a) and (b) ...... Sponsor request for or response to inactive status determination of an IND. 312.47(b) ...... ``End-of-Phase 2'' meetings and ``Pre-NDA'' meetings. 312.53(c) ...... Investigator information. Investigator report (Form FDA±1572) and narrative; Investigator's background information; Phase 1 outline of planned investigation; and Phase 2 outline of study protocol; finan- cial disclosure information. 312.54(a) and (b) ...... Sponsor submissions concerning investigations involving an exception from informed consent under § 50.24. 312.55(b) ...... Sponsor reports to investigators on new observations, especially ad- verse reactions and safe use. Only ``new observations'' are esti- mated under this section; investigator brochures are included under § 312.23. 312.56(b), (c), and (d) ...... Sponsor monitoring of all clinical investigations, investigators, and drug safety; notification to FDA. 312.58(a) ...... Sponsor's submission of records to FDA on request. 312.64 ...... Investigator reports to the sponsor. 312.64(a) ...... Progress reports. 312.64(b) ...... Safety reports. 312.64(c) ...... Final reports. 312.64(d) ...... Financial disclosure reports. 312.66 ...... Investigator reports to Institutional Review Board. Estimates for this requirement are included under § 312.53. 312.70 ...... Investigator disqualification; opportunity to respond to FDA. Estimates for this requirement are not included in the estimates for part 312. 312.83 ...... Sponsor submission of treatment protocol. Estimates for this require- ment are included under §§ 312.34 and 312.35. 312.85 ...... Sponsors conducting phase 4 studies. Estimates for these post- marketing studies are not included in the estimates for part 312. 312.110(b) ...... Request to export an investigational drug. 312.120(b) and (c)(2) ...... Sponsor's submission to FDA for use of foreign clinical study to sup- port an IND. 312.120(c)(3) ...... Sponsor's report to FDA on findings of independent review committee on foreign clinical study. 312.130(d) ...... Request for disclosable information for investigations involving an ex- ception from informed consent under § 50.24.

TABLE 2.ÐRECORDKEEPING REQUIREMENTS

21 CFR Section Explanations

312.52(a) ...... Transfer of obligations to a contract research organization. 312.57(a) and (b) ...... Sponsor recordkeeping. 312.59 ...... Sponsor recordkeeping of disposition of unused supply of drugs. Esti- mates for this requirement are included under § 312.57. 312.62(a) ...... Investigator recordkeeping of disposition of drugs. 312.62(b) ...... Investigator recordkeeping of case histories of individuals. 312.160(a) ...... Records maintenanceÐshipment of drugs for investigational use in laboratory research animals or in vitro tests. 312.160(c) ...... Shipper records of alternative disposition of unused drugs.

In the Federal Register of May 6, 1999 of information. No comments were (64 FR 24402), the agency requested received. comments on the proposed collections

VerDate 18-JUN-99 11:03 Aug 11, 1999 Jkt 183247 PO 00000 Frm 00047 Fmt 4703 Sfmt 4703 E:\FR\FM\A12AU3.007 pfrm07 PsN: 12AUN1 44022 Federal Register / Vol. 64, No. 155 / Thursday, August 12, 1999 / Notices

TABLE 3.ÐESTIMATED ANNUAL REPORTING BURDEN FOR HUMAN DRUGS1

No. of Re- 21 CFR Section No. of sponses Per Total Annual Hours per Total Hours Respondents Respondent Responses Response

312.7(d) 7 1 7 24 168 312.10(a) 0 0 0 0 0 312.23(a) and (f) 1,601 1.25 1,996 1,600 3,193,600 312.30(a) through (e) 918 14.85 13,629 284 3,870,636 312.31(b) 760 8.87 6,738 100 673,800 312.32(c) and (d) 459 14.33 6,576 32 210,432 312.33(a) through (f) 1,841 2.35 4,318 350 1,511,300 312.35(a) and (b) 1 1 1 300 300 312.36 643 1.2 720 16 11,520 312.38(b) 621 1.24 773 28 21,644 312.38(c) 621 1.24 773 160 123,680 312.44(c) and (d) 710 1.10 780 16 12,480 312.45(a) and (b) 294 1.32 389 12 4,668 312.47(b) 252 1 252 160 40,320 312.53(c) 4,500 1 4,500 80 360,000 312.54(a) and (b) 4 1 4 48 192 312.55(b) 4,500 1 4,500 48 216,000 312.56(b), (c), and (d) 5 1 5 80 400 312.58(a) 337 1 337 8 2,696 312.64(a) through (d) 8,200 1 8,200 24 196,800 312.110(b) 150 2 303 75 22,725 312.120(b) and (c)(2) 100 2 200 168 33,600 312(c)(3) 100 2 200 40 8,000 312.130(d) 4 1 4 8 32 Total Reporting Burden 10,514,993 1 There are no capital costs or operating and maintenance costs associated with this collection of information.

TABLE 4.ÐESTIMATED ANNUAL RECORDKEEPING BURDEN FOR HUMAN DRUGS1

Annual 21 CFR Section No. of Frequency per Total Annual Hours per Total Hours Recordkeepers Recordkeeping Records Recordkeeper

312.52(a) 360 1 360 2 720 312.57(a) and (b) 4,000 2.05 8,200 100 400,000 312.62(a) 8,200 1 8,200 40 328,000 312.62(b) 8,200 12.2 100,000 40 328,000 312.160(a) 3,400 7.35 25,000 30 min 1,700 312.160(c) 3,400 2.35 8,000 30 min 1,700 Total Recordkeeping Burden 1,060,120 Human Drugs Total Burden Hours 11,575,113 1 There are no capital costs or operating and maintenance costs associated with this collection of information.

TABLE 5.ÐESTIMATED ANNUAL REPORTING BURDEN FOR BIOLOGICS1

No. of Re- 21 CFR Section No. of sponses Per Total Annual Hours per Total Hours Respondents Response Responses Response

312.7(d) 9 1.3 12 24 288 312.10(a) 1 1 1 40 40 312.23(a) and (f) and 312.120(b), (c)(2), and (c)(3) 278 1.8 492 1,600 787,200 312.30(a) and (e) 975 6.5 6,411 284 1,820,724 312.31(b) 975 9.2 9,005 100 900,500 312.32(c) and (d) and 312.56(c) 602 6.7 4,034 32 129,088 312.33(a) and (f) and 312.56(c) 1,253 1.6 1,989 350 696,150 312.35(a) and (b) 1 1 1 300 300 312.36 22 5.5 122 16 1,952 312.38(b) 128 1.7 212 28 5,936 312.38(c) 128 1.7 212 160 33,920 312.44(c) and (d) 55 1.9 107 16 1,712 312.45(a) and (b) 74 1.4 105 12 1,260 312.47(b) 150 1.8 274 160 43,840 312.53(c) 672 6.6 4,421 80 353,680 312.54(a) and (b) 4 1 4 48 192 312.55(b) 374 6.1 2,288 48 109,824 312.56(b) and (d) 12 1.6 20 80 1,600 312.58(a) 10 1 10 8 80 312.64(a) and (d) 5,014 1 5,014 24 120,336

VerDate 18-JUN-99 11:03 Aug 11, 1999 Jkt 183247 PO 00000 Frm 00048 Fmt 4703 Sfmt 4703 E:\FR\FM\A12AU3.007 pfrm07 PsN: 12AUN1 Federal Register / Vol. 64, No. 155 / Thursday, August 12, 1999 / Notices 44023

TABLE 5.ÐESTIMATED ANNUAL REPORTING BURDEN FOR BIOLOGICS1ÐContinued

No. of Re- 21 CFR Section No. of sponses Per Total Annual Hours per Total Hours Respondents Response Responses Response

312.110(b) 10 1.3 13 75 975 312.130(d) 1 1 1 0.5 0.5 Total Reporting Burden 5,009,597.5 1 There are no capital costs or operating and maintenance costs associated with this collection of information.

TABLE 6.ÐESTIMATED ANNUAL RECORDKEEPING BURDEN FOR BIOLOGICS1

Annual 21 CFR Section No. of Frequency per Total Annual Hours per Total Hours Recordkeepers Recordkeeping Records Recordkeeper

312.52(a) 27 2.5 67 5 135 312.57(a) and (b) 1,253 2 2,506 100 125,300 312.62(a) 5,014 1 5,014 40 200,560 312.62(b) 8,200 12.2 100,000 40 328,000 312.160(a) 3,400 7.35 25,000 30 min 1,700 312.160(c) 320 1 320 0.5 160 Total Biologics Recordkeeping Hours 655,855 Total Biologics Burden Hours 5,665,452.5 Total Human Drugs Burden Hours 11,575,113 Total Combined Burdens 17,240,565.5 1 There are no capital costs or operating and maintenance costs associated with this collection of information.

Dated: August 6, 1999 a.m. to 5 p.m., and on September 28, Agenda: The public workshop is William K. Hubbard, 1999, 8 a.m. to 12:30 p.m. intended to discuss a variety of issues Senior Associate Commissioner for Policy, Location: The public workshop will concerning the safety and efficacy of red Planning, and Legislation. be held at the National Institutes of blood cell substitutes. The goals of the [FR Doc. 99–20846 Filed 8–11–99; 8:45 am] Health, Natcher Conference Center, public workshop are to: (1) Review BILLING CODE 4160±01±F Bldg. 45, Balconies A, B, and C, 45 current understanding of toxicity issues, Center Dr., Bethesda, MD. (2) define clinical endpoints for clinical trials in hemorrhagic shock and elective DEPARTMENT OF HEALTH AND Contact: Joseph Wilczek, Center for surgery, (3) consider whether Biologics Evaluation and Research HUMAN SERVICES physiological endpoint(s) could be used (HFM–350), Food and Drug as surrogates in lieu of mortality and/or Food and Drug Administration Administration, 1401 Rockville Pike, morbidity, and (4) discuss the Rockville, MD 20852–1448, 301–827– Criteria for Safety and Efficacy 6129, FAX 301–827–2843. therapeutic ‘‘risk vs. benefit’’ in using Evaluation of Oxygen Therapeutics as hemoglobin and fluorochemical-based Red Cell Substitutes; Public Workshop Registration and Requests for Oral products in trauma and surgery. Presentations: Early registration by AGENCY: Food and Drug Administration, Friday, September 10, 1999, is Transcripts: Transcripts of the public HHS. recommended. Mail or fax registration workshop may be requested in writing information (including name, title, firm from the Freedom of Information Office ACTION: Notice. name, address, telephone, and fax (HFI–35), Food and Drug number) to Joseph Wilczek (address Administration, 5600 Fishers Lane, rm. The Food and Drug Administration above). On-site registration, which will 12A– , Rockville, MD 20857, (FDA) is announcing a public workshop begin at 7 a.m., will be done on a space approximately 15 working days after the entitled ‘‘Criteria for Safety and Efficacy available basis on the day of the public workshop at cost of 10 cents per Evaluation of Oxygen Therapeutics as workshop. There is no registration fee page. The public workshop transcript Red Cell Substitutes.’’ This public for the workshop. Space is limited, workshop is intended to examine the will also be available on the Center for therefore, interested parties are Biologics Evaluation and Research current status of the safety of red cell encouraged to register early. If you need substitutes at both the basic and website at ‘‘http://www.fda.gov/cber/ special accommodations due to minutes/workshop-min.htm’’. preclinical science levels and review the disability, please contact Joseph clinical experiences gained by Wilczek at least 7 days in advance. Dated: August 6, 1999 manufacturers in the course of the Requests for oral presentations should William K. Hubbard, development of these products. The be sent by September 13, 1999, to Senior Associate Commissioner for Policy, public workshop also is intended to Abdulilah Alayash, Center for Biologics address problems of efficacy evaluation Planning, and Legislation. Evaluation and Research, Division of [FR Doc. 99–20845 Filed 8–11–99; 8:45 am] and risk/benefit assessments in trauma Hematology, Bldg. 29, rm. 112, 8800 BILLING CODE 4160±01±F and surgery. Rockville Pike, Bethesda, MD 20892, Date and Time: The public workshop 301–827–3813, FAX 301–435–4034, or will be held on September 27, 1999, 8 e-mail ‘‘[email protected]’’.

VerDate 18-JUN-99 17:25 Aug 11, 1999 Jkt 183247 PO 00000 Frm 00049 Fmt 4703 Sfmt 4703 E:\FR\FM\12AUN1.XXX pfrm07 PsN: 12AUN1 44024 Federal Register / Vol. 64, No. 155 / Thursday, August 12, 1999 / Notices

DEPARTMENT OF HEALTH AND Rd., Rockville, MD 20850, 301–594– II. Electronic Access HUMAN SERVICES 4695. In order to receive the ‘‘Draft SUPPLEMENTARY INFORMATION: Food and Drug Administration Compliance Program Guidance Manual: I. Background Inspection of Medical Devices’’ [Docket No. 98D±0449] FDA is announcing the availability of (CP7382.845) via your fax machine, call a revised draft guidance entitled ‘‘Draft the CDRH Facts-On-Demand (FOD) ``Draft Compliance Program Guidance Compliance Program Guidance Manual: system at 800–899–0381 or 301–827– Manual: Inspection of Medical Inspection of Medical Devices’’ (CP 0111 from a touch-tone telephone. At Devices;'' Availability 7382.845). A notice of availability of the the first voice prompt press 1 to access draft guidance was published in the DSMA Facts, at the second voice AGENCY: Food and Drug Administration, Federal Register of July 30, 1998 (63 FR prompt press 2, and then enter the HHS. 40720). The draft guidance provides document number (1702), followed by ACTION: Notice. guidance to the FDA field and center the pound sign (#). Then follow the staff on the inspection and enforcement SUMMARY: The Food and Drug remaining voice prompts to complete activities related to the QS/good Administration (FDA) is announcing the your request. manufacturing practices (GMP’s) availability of a revised draft guidance Persons interested in obtaining a copy regulation (21 CFR part 820), the MDR document entitled ‘‘Draft Compliance of the revised draft guidance may also regulation (21 CFR part 803), the Program Guidance Manual: Inspection do so using the World Wide Web medical device corrections and of Medical Devices.’’ This revised draft (WWW). CDRH maintains an entry on removals regulation (21 CFR part 806), compliance program provides guidance and the medical device tracking the WWW for easy access to information to FDA staff for the enforcement of four requirements (21 CFR part 821). including text, graphics, and files that medical device postmarket regulations: may be downloaded to a personal The quality system (QS) regulation, The revised draft document contains the following three major differences computer with access to the Web. which includes coverage of sterilization Updated on a regular basis, the CDRH process validation and the use of the from the previous draft guidance. First, the QSIT should be used to conduct QS/ home page includes the ‘‘Draft guidance on quality systems inspections Compliance Program Guidance Manual: technique (QSIT); medical device GMP inspections, including inspections for sterilization processes, to evaluate a Inspection of Medical Devices’’ reporting (MDR); medical device (CP7382.845), device safety alerts, corrections and removals; and medical firm’s manufacturing and QS. Second, Federal Register reprints, information device tracking requirements. This part V of the draft guidance document on premarket submissions (including revised draft guidance is intended to has been revised so that an official represent the agency’s current thinking action is indicated based on evidence of lists of approved applications and on the inspection of medical device QS or subsystem(s) deviations that manufacturers’ addresses), small manufacturers, and it is neither final nor constitute major nonconformities. manufacturers’ assistance, information in effect at this time. Third, three inspection programs have on video conferencing and electronic been added to cover the requirements of submissions, mammography matters, DATES: Written comments concerning the MDR, medical device corrections and other device-oriented information. this revised draft guidance must be and removals, and the medical device submitted by November 10, 1999. The CDRH home page may be accessed tracking regulations. at ‘‘ http://www.fda.gov/cdrh’’. ADDRESSES: See the SUPPLEMENTARY Inspection of MDR, medical device INFORMATION section for information on corrections and removals, and medical III. Comments electronic access to the revised draft device tracking requirements should be guidance. Submit written requests for conducted during initial or Interested persons may, on or before single copies on a 3.5′′ diskette of the comprehensive inspections. If a November 10, 1999, submit to Dockets draft guidance entitled ‘‘Draft subsequent routine or followup Management Branch (address above) Compliance Program Guidance Manual: inspection of a firm’s corrective and written comments regarding this revised Inspection of Medical Devices’’ to the preventive action subsystem suggests a draft guidance. Two copies of any Division of Small Manufacturers potential QS problem, then these three comments are to be submitted, except Assistance (HFZ–220), Center for related regulatory requirements should individuals may submit one copy. Devices and Radiological Health, Food be assessed. Comments should be identified with the and Drug Administration, 1350 Piccard The agency has adopted GGP’s, which docket number found in brackets in the Dr., Rockville, MD 20850. Send one self- set forth the agency’s policies and heading of this document. A copy of the addressed adhesive label to assist that procedures for the development, revised draft guidance and received office in processing your request, or fax issuance, and use of guidance comments are available for public your request to 301–443–8818. Submit documents (62 FR 8961, February 27, examination in the Dockets written comments concerning the 1997). This revised draft guidance Management Branch between 9 a.m. and revised draft guidance to the Dockets document is issued as a level 1 guidance 4 p.m., Monday through Friday. Management Branch (HFA–305), Food consistent with GGP’s. Dated: July 28, 1999. and Drug Administration, 5630 Fishers This guidance document represents Lane, rm. 1061, Rockville, MD 20852. the agency’s current thinking on Linda S. Kahan, Comments should be identified with the inspection of medical device Deputy Director for Regulations Policy, Center docket number found in brackets in the manufacturers. It does not create or for Devices and Radiological Health. heading of this document. confer any rights for or on any person [FR Doc. 99–20885 Filed 8-11-99; 8:45 am] FOR FURTHER INFORMATION CONTACT: and does not operate to bind FDA or the BILLING CODE 4160±01±F Allen T. Wynn, Center for Devices and public. An alternative approach may be Radiological Health (HFZ–306), Food used if such approach satisfies the and Drug Administration, 2094 Gaither applicable statute, regulations, or both.

VerDate 18-JUN-99 11:03 Aug 11, 1999 Jkt 183247 PO 00000 Frm 00050 Fmt 4703 Sfmt 4703 E:\FR\FM\A12AU3.120 pfrm07 PsN: 12AUN1 Federal Register / Vol. 64, No. 155 / Thursday, August 12, 1999 / Notices 44025

DEPARTMENT OF HEALTH AND On July 28, 1999, United States District Evaluation and Research (HFD–40), HUMAN SERVICES Judge Royce C. Lamberth entered an Food and Drug Administration, order and directed that it be published 5600 Fishers Lane, Rockville, MD Food and Drug Administration in the Federal Register. The agency is 20857, 301–827–2828; publishing this document to comply Regarding medical devices: Byron L. [Docket No. 98N±0222] with that order. Tart, Center for Devices and FOR FURTHER INFORMATION CONTACT: Radiological Health (HFZ–302), Order Granting Summary Judgment Regarding biological products and Food and Drug Administration, and Permanent Injunction devices regulated by the Center for 2098 Gaither Rd., Rockville, MD AGENCY: Food and Drug Administration, Biologics Evaluation and Research: 20850, 301–594–4639. HHS. Toni M. Stifano, Center for Dated: August 9, 1999. ACTION: Notice. Biologics Evaluation and Research Margaret M. Dotzel, (HFM–602), Food and Drug Acting Associate Commissioner for Policy. SUMMARY: The Food and Drug Administration, 1401 Rockville Administration (FDA) is publishing in Pike, Rockville, MD 20852, 301– [FR Doc. 99–???? Filed ??–??–99; 8:45 am] its entirety an order entitled ‘‘Final 827–3028; BILLING CODE 4160±01±F Amended Order Granting Summary Regarding human drug products: The order reads as follows: Judgment and Permanent Injunction.’’ Laurie B. Burke, Center for Drug BILLING CODE 1160±01±F±

VerDate 18-JUN-99 11:03 Aug 11, 1999 Jkt 183247 PO 00000 Frm 00051 Fmt 4703 Sfmt 4703 E:\FR\FM\A12AU3.174 pfrm07 PsN: 12AUN1 44026 Federal Register / Vol. 64, No. 155 / Thursday, August 12, 1999 / Notices

VerDate 18-JUN-99 11:03 Aug 11, 1999 Jkt 183247 PO 00000 Frm 00052 Fmt 4703 Sfmt 4725 E:\FR\FM\A12AU3.174 pfrm07 PsN: 12AUN1 Federal Register / Vol. 64, No. 155 / Thursday, August 12, 1999 / Notices 44027

VerDate 18-JUN-99 11:03 Aug 11, 1999 Jkt 183247 PO 00000 Frm 00053 Fmt 4703 Sfmt 4725 E:\FR\FM\A12AU3.174 pfrm07 PsN: 12AUN1 44028 Federal Register / Vol. 64, No. 155 / Thursday, August 12, 1999 / Notices

VerDate 18-JUN-99 11:03 Aug 11, 1999 Jkt 183247 PO 00000 Frm 00054 Fmt 4703 Sfmt 4725 E:\FR\FM\A12AU3.174 pfrm07 PsN: 12AUN1 Federal Register / Vol. 64, No. 155 / Thursday, August 12, 1999 / Notices 44029

[FR Doc. 99–20993 Filed 8–11–99; 8:45 am] BILLING CODE 4160±01±C

VerDate 18-JUN-99 17:38 Aug 11, 1999 Jkt 183247 PO 00000 Frm 00055 Fmt 4703 Sfmt 4703 E:\FR\FM\12AUN1.XXX pfrm07 PsN: 12AUN1 44030 Federal Register / Vol. 64, No. 155 / Thursday, August 12, 1999 / Notices

DEPARTMENT OF HEALTH AND recommendations for the proposed abuse detection products. HCFA and its HUMAN SERVICES information collections must be mailed contractors presently use a number of within 60 days of this notice directly to these tools, as do other segments of Health Care Financing Administration the HCFA Paperwork Clearance Officer government, the health care industry, [Document Identifier: HCFA±1537] designated at the following address: and industry generally. New products HCFA, Office of Information Services, taking advantage of new technologies Agency Information Collection Security and Standards Group, Division are in continuous development. This Activities: Proposed Collection; of HCFA Enterprise Standards, completely voluntary survey will ensure Comment Request Attention: Louis Blank, Room N2–14– that HCFA is vigilant in identifying new 26, 7500 Security Boulevard, Baltimore, advances to help fight the scourge of AGENCY: Health Care Financing Maryland 21244–1850. Administration, HHS. Medicare fraud and abuse.; Frequency: In compliance with the requirement Dated: August 5, 1999. Annually; Affected Public: Business or of section 3506(c)(2)(A) of the John P. Burke III, other for profit, and Not for profit Paperwork Reduction Act of 1995, the HCFA Reports Clearance Officer, HCFA Office institutions; Number of Respondents: Health Care Financing Administration of Information Services, Security and 400; Total Annual Responses: 450; Total (HCFA), Department of Health and Standards Group, Division of HCFA Annual Hours: 1,350. Human Services, is publishing the Enterprise Standards. [FR Doc. 99–20914 Filed 8–11–99; 8:45 am] To obtain copies of the supporting following summary of proposed statement and any related forms for the BILLING CODE 4120±03±P collections for public comment. proposed paperwork collections Interested persons are invited to send referenced above, access HCFA’s Web comments regarding this burden DEPARTMENT OF HEALTH AND Site address at http://www.hcfa.gov/ estimate or any other aspect of this regs/prdact95.htm, or E-mail your collection of information, including any HUMAN SERVICES request, including your address, phone of the following subjects: (1) The Health Care Financing Administration number, OMB number, and HCFA necessity and utility of the proposed document identifier, to information collection for the proper [Document Identifier: HCFA±R±0283] [email protected], or call the Reports performance of the agency’s functions; (2) the accuracy of the estimated Agency Information Collection Clearance Office on (410) 786–1326. burden; (3) ways to enhance the quality, Activities: Proposed Collection; Written comments and utility, and clarity of the information to Comment Request recommendations for the proposed information collections must be mailed be collected; and (4) the use of AGENCY: Health Care Financing within 60 days of this notice directly to automated collection techniques or Administration, HHS. the HCFA Paperwork Clearance Officer other forms of information technology to ACTION: Comment request. minimize the information collection designated at the following address: burden. In compliance with the requirement HCFA, Office of Information Services, Type of Information Collection of section 3506(c)(2)(A) of the Security and Standards Group, Division Request: Extension of a currently Paperwork Reduction Act of 1995, the of HCFA Enterprise Standards, approved collection; Title of Health Care Financing Administration Attention: Louis Blank, Room N2–14– Information Collection: Medicare/ (HCFA), Department of Health and 26, 7500 Security Boulevard, Baltimore, Medicaid Hospital Survey Report Form Human Services, is publishing the Maryland 21244–1850. and Supporting Regulations in 42 CFR following summary of proposed Dated: July 29, 1999. 482.2 through 482.57; Form No.: HCFA– collections for public comment. John P. Burke III, 1537 (OMB# 0938–0382); Use: Section Interested persons are invited to send 1861(e) of the Social Security Act (the comments regarding this burden HCFA Reports Clearance Officer, HCFA Office Act) provides that hospitals estimate or any other aspect of this of Information Services, Security and Standards Group, Division of HCFA participating in Medicare under the Act collection of information, including any Enterprise Standards. must meet specific requirements. These of the following subjects: (1) The [FR Doc. 99–20915 Filed 8–11–99; 8:45 am] requirements are presented as Condition necessity and utility of the proposed of Participation. State agencies must information collection for the proper BILLING CODE 4120±03±P determine compliance with these performance of the agency’s functions; conditions through the use of this report (2) the accuracy of the estimated DEPARTMENT OF HEALTH AND form.; Frequency: Annually; Affected burden; (3) ways to enhance the quality, Public: State, Local, or Tribal utility, and clarity of the information to HUMAN SERVICES Government; Number of Respondents: be collected; and (4) the use of Health Care Financing Administration 1,123; Total Annual Responses: 1,123; automated collection techniques or Total Annual Hours: 3,650. other forms of information technology to To obtain copies of the supporting minimize the information collection [Document Identifier: HCFA±0282, HCFA± statement and any related forms for the burden. 0301, and HCFA±0319] proposed paperwork collections Type of Information Collection referenced above, access HCFA’s Web Request: New collection; Title of Agency Information Collection Site address at http://www.hcfa.gov/ Information Collection: Market Survey Activities: Submission for OMB regs/prdact95.htm, or E-mail your of Fraud, Waste and Abuse Detection Review; Comment Request request, including your address, phone Software; Form No.: HCFA–R–0283 number, OMB number, and HCFA (OMB# 0938–new); Use: This AGENCY: Health Care Financing document identifier, to information collection tool is essential Administration, HHS. [email protected], or call the Reports to providing the Health Care Financing In compliance with the requirement Clearance Office on (410) 786–1326. Administration (HCFA) a vehicle to of section 3506(c)(2)(A) of the Written comments and ascertain cutting edge fraud, waste, and Paperwork Reduction Act of 1995, the

VerDate 18-JUN-99 17:25 Aug 11, 1999 Jkt 183247 PO 00000 Frm 00056 Fmt 4703 Sfmt 4703 E:\FR\FM\12AUN1.XXX pfrm07 PsN: 12AUN1 Federal Register / Vol. 64, No. 155 / Thursday, August 12, 1999 / Notices 44031

Health Care Financing Administration and improve the administration of its Dated: July 29, 1999. (HCFA), Department of Health and Medicaid system. The MEQC system is John P. Burke III, Human Services, is publishing the based on State reviews of Medicaid HCFA Reports Clearance Officer, HCFA Office following summary of proposed beneficiaries from the eligibility files. of Information Services, Security and collections for public comment. The reviews are used to assess Standards Group, Division of HCFA Interested persons are invited to send beneficiary liability, if any, and to Enterprise Standards. comments regarding this burden determine the amounts paid to provide [FR Doc. 99–20809 Filed 8–11–99; 8:45 am] estimate or any other aspect of this Medicaid services for these cases.; BILLING CODE 4120±03±P collection of information, including any Frequency: Semi-annually; Affected of the following subjects: (1) The Public: State, Local or Tribal DEPARTMENT OF HEALTH AND necessity and utility of the proposed Government; Number of Respondents: HUMAN SERVICES information collection for the proper 51; Total Annual Responses: 102; Total performance of the agency’s functions; Annual Hours: 22,515. (2) the accuracy of the estimated Health Care Financing Administration burden; (3) ways to enhance the quality, 3. Type of Information Collection [Document Identifier: HCFA±0029/0030 and utility, and clarity of the information to Request HCFA±R±0107] be collected; and (4) the use of automated collection techniques or Extension of a currently approved Agency Information Collection other forms of information technology to collection; Title of Information Activities: Submission for OMB minimize the information collection Collection: State Medicaid Eligibility Review; Comment Request burden. Quality Control (MEQC) Sample Section AGENCY: Health Care Financing Lists and Supporting Regulations in 42 1. Type of Information Collection Administration, HSS. Request CFR 431.800–431.865; Form No.: In compliance with the requirement HCFA–0319 (OMB# 0938–0147); Use: At Extension of a currently approved of section 3506(c)(2)(A) of the the beginning of each month, State Paperwork Reduction Act of 1995, the collection; Title of Information agencies are required to submit sample Collection: Blood Bank Inspection Health Care Financing Administration selection lists which identify all of the (HCFA), Department of Health and Checklist and Report and Supporting cases selected for review in the States’ Regulations in 42 CFR 493.1269– Human Services, is publishing the samples. These reviews are conducted 493.1285; Form No.: HCFA–0282 following summary of proposed to determine whether the sampled cases (OMB# 0938–0170); Use: The Clinical collections for public comment. Laboratory Improvement Amendments meet applicable State Title XIX Interested persons are invited to send (CLIA) of 1988 requires the Department eligibility requirements. The sample comments regarding this burden of Health and Human Services (HHS) to selection lists contain identifying estimate or any other aspect of this establish certification requirements for information on Medicaid beneficiaries collection of information, including any any laboratory that performs tests on such as: State agency review number; of the following subjects: (1) The human specimens, and to certify beneficiary’s name and address; the necessity and utility of the proposed through the issuance of a certificate that name of the county where beneficiary information collection for the proper those laboratories meet the requirements resides; and the Medicaid case number. performance of the agency’s functions; established by HHS. The law provides The reviews are also used to assess (2) the accuracy of the estimated for inspections on an announced or beneficiary liability, if any, and to burden; (3) ways to enhance the quality, unannounced basis during regular hours determine the amounts paid to provide utility, and clarity of the information to of operation. All records and Medicaid services for these cases.; be collected; and (4) the use of information having a bearing on Frequency: Monthly; Affected Public: automated collection techniques or whether the laboratory is being operated State, Local or Tribal Government; other forms of information technology to in accordance with the law can be Number of Respondents: 55; Total minimize the information collection requested by the surveyor. The HCFA– Annual Responses: 660; Total Annual burden. 0282 is the Blood Bank Inspection Hours: 5,280. 1. Type of Information Collection Checklist and Report which is outlined Request: Extension of a currently To obtain copies of the supporting approved collection; Title of in the CLIA of 1988.; Frequency: statement and any related forms for the Biennially; Affected Public: Not-for- Information Collection: Request for proposed paperwork collections profit institutions, Business or other for- Certification as Rural Health Clinic and referenced above, access HCFA’s Web profit, Federal Government, and State, Rural Health Clinic Survey Repot From Site address at http://www.hcfa.gov/ Local, and Tribal Government; Number and Supporting Regulations in 42 CFR regs/prdact95.htm, or E-mail your of Respondents: 1,250; Total Annual 491.1–491.11; Form No.: HCFA–0029/ request, including your address, phone Responses: 1,250; Total Annual Hours: 0030 (OMB# 0938–0074); Use: The Form 625. number, OMB number, and HCFA HCFA–0029 is utilized as an application document identifier, to to be completed by suppliers of RHC 2. Type of Information Collection [email protected], or call the Reports services requesting participation in the Request Clearance Office on (410) 786–1326. Medicare/Medicaid programs. This form Extension of a currently approved Written comments and initiates the process of obtaining a collection; Title of Information recommendations for the proposed decision as to whether the conditions Collection: Certification of Medicaid information collections must be mailed for certification are met as a supplier of Eligibility Quality Control (MEQC) within 30 days of this notice directly to RHC services. It also promotes data Payment Error Rates and Supporting the OMB desk officer: OMB Human reduction or introduction to and Regulations in 42 CFR 431.800 through Resources and Housing Branch, retrieval from the Online Survey and 431.865; Form No.: HCFA–0301 (OMB# Attention: Allison Eydt, New Executive Certification and Reporting System 0938–0246); Use: MEQC is operated by Office Building, Room 10235, (OSCAR) by the HCFA Regional Offices the State title XIX agency to monitor Washington, D.C. 20503. (RO). The Form HCFA–0030 is an

VerDate 18-JUN-99 11:03 Aug 11, 1999 Jkt 183247 PO 00000 Frm 00057 Fmt 4703 Sfmt 4703 E:\FR\FM\A12AU3.031 pfrm07 PsN: 12AUN1 44032 Federal Register / Vol. 64, No. 155 / Thursday, August 12, 1999 / Notices instrument used by the State survey Dated: July 29, 1999. Anyone requiring information regarding agency to record data collected in order John P. Burke III, the Commission should contact Ms. Tibbs, to determine RHC compliance with HCFA Reports Clearance Officer, HCFA Office Division of Vaccine Injury Compensation, individual conditions of participation of Information Services, Security and Bureau of Health Professions, Health and to report it to the Federal Standards Group, Division of HCFA Resources and Services Administration, government. The form is primarily a Enterprise Standards. Room 8A–46, 5600 Fishers Lane, Rockville, Maryland 20857, Telephone (301) 443–6593. coding worksheet designed to facilitate [FR Doc. 99–20811 Filed 8–11–99; 8:45 am] BILLING CODE 4120±03±P Agenda items are subject to change as data reduction (keypunching) and priorities dictate. retrieval into OSCAR at the HCFA ROs. Dated: August 5, 1999. The form includes basic information on DEPARTMENT OF HEALTH AND Jane M. Harrison, compliance (i.e., met, not met and HUMAN SERVICES explanatory statements) and does not Director, Division of Policy Review and require any descriptive information Health Resources and Services Coordination, OMPS. regarding the survey activity itself.; Administration Advisory Committee; [FR Doc. 99–20791 Filed 8–11–99; 8:45 am] Frequency: Annually; Affected Public: Notice of Meeting BILLING CODE 4160±15±P State, Local, or Tribal Government; In accordance with section 10(a)(2) of Number of Respondents: 470; Total the Federal Advisory Committee Act DEPARTMENT OF HEALTH AND Annual Responses: 470; Total Annual (Pub. L. 92–463), announcement is HUMAN SERVICES Hours: 822. made of the following National 2. Type of Information Collection Advisory body scheduled to meet Health Resources and Services Request: Extension of a currently during the month of September 1999. Administration Advisory Committee; approved collection; Title of Name: Advisory Commission on Notice of Meeting Information Collection: Determining Childhood Vaccines (ACCV) Third Party Liability (TPL) State Plan Date and Time: September 8, 1999; 9:00 In accordance with section 10(a)(2) of Preprint and Supporting Regulations in a.m.–5:00 p.m.; September 9, 1999; 9:00 the Federal Advisory Committee Act 42 CFR 433.138; Form No.: HCFA–R– a.m.–12:30 noon. (Pub. L. 92–463), announcement is Place: Parklawn Building, Conference 0107 (OMB# 0938–0502); Use: In the made of the following National Rooms G & H, 5600 Fishers Lane, Rockville, Advisory body scheduled to meet past, many third party resources were Maryland 20857. not diligently pursued by State The meeting is open to the public. during the month of September 1999: governments. In an effort to improve The full Commission will meet on Name: Council on Graduate Medical program efficiencies and reduce Wednesday, September 8, from 9:00 a.m. to Education. 5:00 p.m. and on Thursday, September 9, Date and Time: September 8, 1999, 8:30 Medicaid expenditures HCFA from 9 a.m. to 12:30 p.m. Agenda items will a.m.–5:30 p.m.; September 9, 1999, 8:30 implemented TPL procedures. The include, but not be limited to: A discussion collection of TPL information results in of intussusception and its potential a.m.–12:00 p.m. significant program savings to the extent relationship to the rotavirus vaccine, a Place: The Latham Hotel, 3000 M Street, that liable third parties can be identified presentation on thimerosal, updates from the N.W., Georgetown-Presidential Ballroom, Washington, D.C. 20007, (202) 726–5000. and payments can be made for services Department of Justice and the National Vaccine Program Office, and routine program This meeting is open to the public. that would otherwise be paid for by the reports. Agenda: The agenda will include: Medicaid program.; Frequency: On Public comment will be permitted before Welcome and opening comments from the occasion; Affected Public: Individuals or lunch and at the end of the Commission Administrator, Health Resources and Households, Federal Government, and meeting on September 8, 1999 and before Services Administration, the Associate adjournment on September 9, 1999. Oral State, Local, or Tribal Government; Administrator for Health Professions and the presentations will be limited to 5 minutes per Number of Respondents: 1,900,000; public speaker. Persons interested in Acting Executive Secretary of COGME; a Total Annual Responses: 1,900,000; providing an oral presentation should submit panel on What Changes are Expected in Total Annual Hours: 329,965. a written request, along with a copy of their Medicare GME; and a panel on Where Do We To obtain copies of the supporting presentation to: Ms. Shelia Tibbs, Committee Go from Here in GME. There will be Management Assistant, Division of Vaccine presentations on BHPR Physician workforce statement and any related forms for the Injury Compensation, Bureau of Health Modeling Activities and California Physician proposed paperwork collections Professions, Health Resources and Services Workforce Activities. The Council will hear referenced above, access HCFA’s Web Administration, Room 8A–46, 5600 Fishers the reports of its work groups on Ambulatory Site address at http://www.hcfa.gov/ Lane, Rockville, MD 20857, Telephone (301) Programs and Financing, and Physician 443–6593. Requests should contain the name, regs/prdact95.htm, or E-mail your Workforce. There will be a presentation on address, telephone number, and any business request, including your address, phone or professional affiliation of the person the National Advisory Council on Nurse number, OMB number, and HCFA desiring to make an oral presentation. Groups Education and Practice—Strategic Plan and document identifier, to having similar interests are requested to Activities, and comments from the Senate [email protected], or call the Reports combine their comments and present them Committee on Health, Education, Labor, and Clearance Office on (410) 786–1326. through a single representative. The Pensions. Written comments and allocation of time may be adjusted to Anyone requiring information regarding accommodate the level of expressed interest. the subject should contact Stanford M. recommendations for the proposed The Division of Vaccine Injury Compensation information collections must be mailed Bastacky, D.M.D., M.H.S.A., Executive will notify each presenter by mail or Secretary, telephone (301) 443–6326, Council within 30 days of this notice directly to telephone of their assigned presentation time. on Graduate Medical Education, Division of Persons who do not file an advance request the OMB desk officer: OMB Human Medicine, Bureau of Health Professions, Resources and Housing Branch, for a presentation, but desire to make an oral statement, may sign-up in Conference Rooms Room 9A–27, Parklawn Building, 5600 Attention: Allison Eydt, New Executive G and H on September 8–9, 1999. These Fishers Lane, Rockville, Maryland 20857. Office Building, Room 10235, persons will be allocated time as time Agenda items are subject to change as Washington, D.C. 20503. permits. priorities dictate.

VerDate 18-JUN-99 11:03 Aug 11, 1999 Jkt 183247 PO 00000 Frm 00058 Fmt 4703 Sfmt 4703 E:\FR\FM\A12AU3.033 pfrm07 PsN: 12AUN1 Federal Register / Vol. 64, No. 155 / Thursday, August 12, 1999 / Notices 44033

Dated: August 6, 1999. DEPARTMENT OF HEALTH AND DEPARTMENT OF HEALTH AND Jane M. Harrison, HUMAN SERVICES HUMAN SERVICES Director, Division of Policy Review and Coordination, OMPS. National Institutes of Health National Institutes of Health [FR Doc. 99–20792 Filed 8–11–99; 8:45 am] National Cancer Institute; Notice of National Center for Research BILLING CODE 4160±15±P Closed Meeting Resources; Notice of Meetings Pursuant to section 10(d) of the DEPARTMENT OF HEALTH AND Pursuant to Section 10(d) of the Federal Advisory Committee Act, as HUMAN SERVICES Federal Advisory Committee Act, as amended (5 U.S.C. Appendix 2), notice amended (5 U.S.C. Appendix 2), notice is hereby given of meetings of the National Institutes of Health is hereby given of the following National Advisory Research Resources meeting. Council. National Cancer Institute; Notice of The meeting will be closed to the The meetings will be open to the Closed Meeting public in accordance with the public as indicated below, with provisions set forth in sections attendance limited to space available. Pursuant to section 10(d) of the 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Individuals who plan to attend and Federal Advisory Committee Act, as need special assistance, such as sign amended (5 U.S.C. Appendix 2), notice as amended. The contract proposals and the discussions could disclose language interpretation or other is hereby given of the following reasonable accommodations, should confidential trade secrets or commercial meeting. notify the Contact Person listed below property such as patentable material, in advance of the meeting. The meeting will be closed to the and personal information concerning public in accordance with the The meetings will be closed to the individuals associated with the contract provisions set forth in sections public in accordance with the proposals, the disclosure of which 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., provisions set forth in sections as amended. The grant applicants and would constitute a clearly unwarranted 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., the discussions could disclose invasion of personal privacy. as amended. The grant applications confidential trade secrets or commercial Name of Committee: National Cancer and/or contract proposals and the property such as patentable material, Institute Special Emphasis Panel. Detailed discussions could disclose confidential and personal information concerning Drug Evaluation & Development of Treatment trade secrets or commercial property individuals associated with the grant Strategies for Chemotherapeutic agents. such as patentable material, and applications, the disclosure of which Date: August 25, 1999. personal information concerning would constitute a clearly unwarranted Time: 1:00 PM to 5:00 PM. individuals associated with the grant invasion of personal privacy. Agenda: To review and evaluate contract applications and/or contract proposals, proposals. the disclosure of which would Name of Committee: National Cancer Place: 6130 Executive Blvd., Room 635, constitute a clearly unwarranted Institute Special Emphasis Panel; Primary Rockville, MD 20852 (Telephone Conference invasion of personal privacy. Care Resident Rotation in Cancer Prevention. Call). Date: August 16, 1999. Name of Committee: National Advisory Contact Person: C.M. Kerwin, PhD., Time: 2:00 PM to 4:00 PM. Research Resources Council Executive Scientific Review Administrator, Special Agenda: To review and evaluate grant Subcommittee. Review, Referral and Resources Branch, applications. Date: September 9, 1999. Open: 8 a.m. to 8:45 a.m. Place: 6130 Executive Boulevard, EPN, Division of Extramural Activities, National Agenda: To discuss policy issues. Room 635, Rockville, MD 20852 (Telephone Cancer Institute, National Institutes of Health, 6130 Executive Boulevard/EPN–630, Place: National Institutes of Health, 9000 Conference Call). Rockville Pike, Conference Room 3B31, Contact Person: Michael B. Small, PhD., Rockville, MD 20892–7405, 301/496–7421. This notice is being published less than 15 Building 31, Bethesda, MD 20892. Scientific Review Administrator, National Contact Person: Louise E. Ramm, PhD, days prior to the meeting due to the timing Cancer Institute, Division of Extramural Deputy Director, National Center for Activities, 6130 Executive Blvd., Room 643, limitations imposed by the review and Research Resources, National Institutes of Bethesda, MD 20892, 301/496–7929. funding cycle. Health, Building 31, Room 3B11, Bethesda, This notice is being published less than 15 (Catalogue of Federal Domestic Assistance MD 20892, 301–496–6023. days prior to the meeting due to the timing Program Nos. 93.392, Cancer Construction; Name of Committee: National Advisory limitations imposed by the review and 93.393, Cancer Cause and Prevention Research Resources Council. funding cycle. Research; 93.394; Cancer Detection and Date: September 9, 1999. (Catalogue of Federal Domestic Assistance Diagnosis Research; 93.395, Cancer Open: 9 a.m. to 2 p.m. Program Nos. 93.392, Cancer Construction; Treatment Research; 93.396, Cancer Biology Agenda: Report of Center Director and other issues related to Council business. 93.393, Cancer Cause and Prevention Research; 93.397; Cancer Centers Support; Place: National Institutes of Health, 9000 Research; 93.394, Cancer Detection and 93.398, Cancer Research Manpower; 93.399, Rockville Pike, Conference Room 10, Diagnosis Research; 93.395, Cancer Cancer Control, National Institutes of Health, Building 31C, Bethesda, MD 20892. Treatment Research; 93.396, Cancer Biology HHS) Closed: 2 p.m. to Adjournment. Research; 93.397, Cancer Centers Support; Dated: August 5, 1999. Agenda: To review and evaluate grant 93.398, Cancer Research Manpower, 93.399, Anna Snouffer, applications. Cancer Control, National Institutes of Health, Place: National Institutes of Health, 9000 Acting Committee Management Officer, NIH. HHS) Rockville Pike, Conference Room 10, Dated: August 6, 1999. [FR Doc. 99–20835 Filed 8–11–99; 8:45 am] Building 31C, Bethesda, MD 20892. Anna Snouffer, BILLING CODE 4140±01±M Contact Person: Louise E. Ramm, PhD, Deputy Director, National Center for Acting Committee Management Officer, NIH. Research Resources, National Institutes of [FR Doc. 99–20830 Filed 8–11–99; 8:45 am] Health, Building 31, Room 3B11, Bethesda, BILLING CODE 4140±10±M MD 20892, 301–496–6023.

VerDate 18-JUN-99 17:25 Aug 11, 1999 Jkt 183247 PO 00000 Frm 00059 Fmt 4703 Sfmt 4703 E:\FR\FM\12AUN1.XXX pfrm07 PsN: 12AUN1 44034 Federal Register / Vol. 64, No. 155 / Thursday, August 12, 1999 / Notices

(Catalogue of Federal Domestic Assistance DEPARTMENT OF HEALTH AND part of the NIH response to Program Nos. 93.306, Comparative Medicine, HUMAN SERVICES recommendations of the Institute of 93.306; 93.333, Clinical Research, 93.333; Medicine (IOM) study on NIH priority- 93.371, Biomedical Technology; 93.389, National Institutes of Health setting and public input, the NIDDK is Research Infrastructure, National Institutes of required to send a draft copy of its Health, HHS) National Eye Institute; Notice of Closed Strategic Plan to the NIH Director by Dated: August 6, 1999. Meeting December 31, 1999. the NIDDK needs Anna Snouffer, Pursuant to section 10(d) of the and welcomes public input into this Acting Committee Management Officer, NIH. Federal Advisory Committee Act, as process. amended (5 U.S.C. Appendix 2), notice The NIDDK wants to develop a [FR Doc. 99–20828 Filed 8–11–99; 8:45 am] process that considers the views of BILLING CODE 4140±01±M is hereby given of the following meeting. groups and individuals who are The meeting will be closed to the concerned about the Institute’s research public in accordance with the programs aimed at expanding DEPARTMENT OF HEALTH AND knowledge about and reducing the HUMAN SERVICES provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., burden of the diseases within the NIDDK mission. The development of the National Institutes of Health as amended. The grant applications and the discussions could disclose NIDDK Strategic Plan will be a continuous, iterative process, during National Eye Institute; Notice of Closed confidential trade secrets or commercial which draft documents will be shared Meeting property such as patentable material, and personal information concerning with the scientific and lay community to solicit comments and input at steps Pursuant to section 10(d) of the individuals associated with the grant applications, the disclosure of which along the way. The NIDDK’s new Federal Advisory Committee Act, as Strategic Plan will build upon many amended (5 U.S.C. Appendix 2), notice would constitute a clearly unwarranted invasion of personal privacy. existing planning processes that are is hereby given of the following already in place within the Institute, as meeting. Name of Committee: National Eye Institute well as upon the plans of constituent The meeting will be closed to the Special Emphasis Panel. organizations. Date: August 25, 1999. public in accordance with the The NIDDK expects to develop its Time: 2:00 PM to 5:00 PM. Strategic Plan using cross-cutting provisions set forth in sections Agenda: To review and evaluate grant 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., applications. scientific themes that unite and as amended. The grant applications and Place: 6120 Executive Blvd. Suite 350, underpin the disease-oriented programs the discussions could disclose Rockville, MD 20892 (Telephone Conference of the Institute. These cross-cutting themes include genetics, cell biology, confidential trade secrets or commercial Call). Contact Person: Andrew P. Mariani, Phd., mechanisms of disease injury, property such as patentable material, Chief, Scientific Review Branch, 6120 prevention and treatment of disease, and person information concerning Executive Blvd., Suite 350, Rockville, MD and research infrastructure. Expert individuals associated with the grant 20892, 301/496–5561. Working Groups will provide advice to applications, the disclosure of which This notice is being published less than 15 the Institute on these themes. In the would constitute a clearly unwarranted days prior to the meeting due to the timing NIDDK Strategic Planning document, invasion of personal privacy. limitations imposed by the review and funding cycle. disease-oriented research will be used, by way of example, to highlight these Name of Committee: National Eye Institute (Catalogue of Federal Domestic Assistance Special Emphasis Panel. Program Nos. 93.867, Vision Research, unifying scientific themes. While the Date: August 23, 1999. National Institutes of Health, HHS) Plan will not contain budget estimates, Time: 8:30 AM to 5:00 PM. Dated: August 6, 1999. it should include scientific implementation strategies for Agenda: To review and evaluate grant Anna Snouffer, applications. capitalizing on cross-cutting research Acting Committee Management Officer, NIH. Place: 6120 Executive Blvd. Suite 350, opportunities and needs. This Rockville, MD 20892. [FR Doc. 99–20832 Filed 8–11–99; 8:45 am] conceptual framework for developing Contact Person: Andrew P. Mariani, PhD., BILLING CODE 4140±01±M the NIDDK Strategic Plan was presented Chief, Scientific Review Branch, 6120 to and generally endorsed by the Executive Blvd, Suite 350, Rockville, MD statutory NIDDK National Advisory 20892, 301/496–5561. DEPARTMENT OF HEALTH AND Council on June 1, 1999. This notice is being published less than 15 HUMAN SERVICES As one means of gaining public input, the Institute will hold an ‘‘Open days prior to the meeting due to the timing National Institutes of Health limitations imposed by the review and Meeting for Public Comment on the funding cycle. National Institute of Diabetes and NIDDK Strategic Planning Process’’ on (Catalogue of Federal Domestic Assistance Digestive and Kidney Diseases Monday, October 18, 1999, from 9 a.m. Program Nos. 93.867, Vision Research, to 4 p.m., with a one-hour break for National Institutes of Health, HHS) The National Institute of Diabetes and attendees to purchase lunch. This Digestive and Kidney Diseases meeting will be held in Conference Dated: August 6, 1999. (NIDDK)—in close collaboration with Room 10 in Building 31, ‘‘C’’ Wing, at Anna Snouffer, the members of its National Advisory the National Institutes of Health in Acting Committee Management Officer, NIH. Council, Board of Scientific Counselors, Bethesda, Maryland. The purpose of this [FR Doc. 99–20823 Filed 8–11–99; 8:45 am] and other external scientific and lay meeting is to enable individuals BILLING CODE 4140±01±M experts—is embarking on the representing voluntary health and development of a Strategic Plan that professional organizations, as well as will be reflective of the Institute’s private citizens, to provide oral unique mission, science and culture. As comment on the process and on an

VerDate 18-JUN-99 11:03 Aug 11, 1999 Jkt 183247 PO 00000 Frm 00060 Fmt 4703 Sfmt 4703 E:\FR\FM\A12AU3.132 pfrm07 PsN: 12AUN1 Federal Register / Vol. 64, No. 155 / Thursday, August 12, 1999 / Notices 44035 expanded outline of a working draft DEPARTMENT OF HEALTH AND language interpretation or other document. Members of the NIDDK HUMAN SERVICES reasonable accommodations, should National Advisory Council and Senior notify the Contact Person listed below Staff will be in attendance. Prior to the National Institutes of Health in advance of the meeting. public comment, brief presentations The meetings will be closed to the will be made by NIDDK Senior Staff on National Institute on Aging; Notice of public in accordance with the the different sections of the working Closed Meeting provisions set forth in sections draft document. Pursuant to section 10(d) of the 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., In an effort to achieve representation Federal Advisory Committee Act, as as amended. The grant applications and across the many diseases within the amended (5 U.S.C. Appendix 2), notice the discussions could disclose mission of the NIDDK, oral is hereby given of the following confidential trade secrets or commercial presentations at the October 18 meeting meeting. property such as patentable material, will be strictly limited to three minutes The meeting will be closed to the and personal information concerning in length. In order to have a written public in accordance with the individuals associated with the grant public record of all comments, provisions set forth in sections applications, the disclosure of which transcription services will be available 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., would constitute a clearly unwarranted for those who cannot provide a typed as amended. The grant applications and invasion of personal privacy. copy of their comments. If you do not the discussions could disclose Name of Committee: National Diabetes and wish to or are unable to make an oral confidential trade secrets or commercial Digestive and Kidney Diseases Advisory presentation, the NIDDK encourages the property such as patentable material, Council. submission of written statements of and personal information concerning Date: Septemer 9–10, 1999. Open: September 9, 1999, 8:30 AM to 12:00 unspecified length. individuals associated with the grant applications, the disclosure of which PM. Requests for time to give oral Agenda: Grant applications. would constitute a clearly unwarranted presentations should be made in writing Place: Holiday Inn-Chevy Chase, Palladian invasion of personal privacy. by September 15, 1999 to: Ms. Mary East and Center Rooms, 5520 Wisconsin Beth Kester, Program Analyst, Office of Name of Committee: National Institute on Avenue, Chevy Chase, MD 20815. Scientific Program and Policy Analysis, Aging Special Emphasis Panel Global Burden Closed: September 10, 1999, 9:45 AM to NIDDK, NIH, 31 Center Drive MSC of Disease 2000 in Aging Population. 10:15 AM. Date: August 31–September 1, 1999. 2560, Building 31, Room 9A07, Agenda: To review and evaluate grant Time: 7:00 PM to 5:00 PM. applications. Bethesda, MD 20892–2560. Please Agenda: To review and evaluate grant Place: Holiday Inn-Chevy Chase, Palladian include in your request any special applications. East and Center Rooms, 5520 Wisconsin accommodations that you may require. Place: Holiday Inn—Gaithersburg, 2 Avenue, Chevy Chase, MD 20815. Written statements may be submitted to Montgomery Village Avenue, Gaithersburg, Open: September 10, 1999, 10:15 AM to the above address until October 25, MD 20879. 12:00 PM. 1999. The NIDDK will assemble a Contact Person: Paul Lenz, PhD., Office of Agenda: Grant applications. compendium of all comments received Extramural Affairs, National Institute on Place: Holiday Inn-Chevy Chase, Palladian Aging, Gateway Building, Room 2C212, 7201 East and Center Rooms, 5520 Wisconsin and this compendium will be available Wisconsin Avenue, Bethesda, MD 20892. for public access at the NIDDK Office of Avenue, Chevy Chase, MD 20815. (Catalogue of Federal Domestic Assistance Scientific Program and Policy Analysis. Contact Person: Walter S. Stolz, Ph.D., Program Nos. 93.866, Aging Research, Director for Extramural Activities, National Please visit the NIDDK World Wide National Institutes of Health, HHS) Institute of Diabetes and Digestive and Web site (http:///www.niddk.nih.gov), Dated: August 6, 1999. Kidney Diseases, National Institutes of where electronic comments can be made Anna Snouffer, Health, PHS, DHHS, Bethesda, MD 20892. about some of the features, goals and Acting Director, Office of Federal Advisory Name of Committee: National Diabetes and objectives that the Institute would like Committee Policy, NIH. Digestive and Kidney Diseases Advisory to incorporate in its Strategic Plan, and [FR Doc. 99–20825 Filed 8–11–99; 8:45 am] Council Diabetes, Endocrine and Metabolic Diseases Subcommittee. the preliminary conceptual framework BILLING CODE 4140±01±M for developing the document. We are Date: September 9–10, 1999. asking that electronic comments be Open: September 9, 1999, 1:30 PM to 2:30 PM. submitted by October 8, 1999, so that DEPARTMENT OF HEALTH AND they can be considered in the Agenda: Grant applications. HUMAN SERVICES Place: Holiday Inn-Chevy Chase, Palladian development of the Strategic Plan. If East and Center Rooms, 5520 Wisconsin you do not have access to a computer, National Institutes of Health Avenue, Chevy Chase, MD 20815. the NIDDK will provide you with a copy National Institute of Diabetes and Closed: September 9, 1999, 2:30 PM to 5:30 of the material that is on the World PM. Wide Web site. You may request this Digestive and Kidney Diseases; Notice Agenda: To review and evaluate grant material from: Ms. Mary Beth Kester at of Meetings applications. the address noted previously. Pursuant to section 10(d) of the Place: Holiday Inn-Chevy Chase, Palladian East and Center Rooms, 5520 Wisconsin The NIDDK looks forward to working Federal Advisory Committee Act, as Avenue, Chevy Chase, MD 20815. with the research community and the amended (5 U.S.C. Appendix 2), notice Closed: September 10, 1999, 8:00 AM to public to develop its Strategic Plan. is hereby given of meetings of the 9:30 AM. Dated: August 2, 1999. National Diabetes and Digestive and Agenda: To review and evaluate grant Kidney Diseases Advisory Council. Ms. Carol Feld, applications. The meetings will be open to the Place: Holiday Inn-Chevy Chase, Palladian Associate Director for Scientific, Program and public as indicated below, with East and Center Rooms, 5520 Wisconsin Policy Analysis, NIDDK, NIH. attendance limited to space available. Avenue, Chevy Chase, MD 20815. [FR Doc. 99–20822 Filed 8–11–99; 8:45 am] Individuals who plan to attend and Contact Person: Walter S. Stolz, PhD., BILLING CODE 4140±01±M need special assistance, such as sign Director for Extramural Activities, National

VerDate 18-JUN-99 11:03 Aug 11, 1999 Jkt 183247 PO 00000 Frm 00061 Fmt 4703 Sfmt 4703 E:\FR\FM\A12AU3.124 pfrm07 PsN: 12AUN1 44036 Federal Register / Vol. 64, No. 155 / Thursday, August 12, 1999 / Notices

Institute of Diabetes and Digestive and Dated: August 6, 1999. DEPARTMENT OF HEALTH AND Kidney Diseases, National Institutes of Anna Snouffer, HUMAN SERVICES Health, PHS, DHHS, Bethesda, MD 20892. Acting Director, Office of Federal Advisory Name of Committee: National Diabetes and Committee Policy. National Institutes of Health Digestive and Kidney Diseases Advisory [FR Doc. 99–20826 Filed 8–11–99; 8:45 am] Council Digestive Diseases and Nutrition National Institute of General Medical BILLING CODE 4140±01±M Subcommittee. Sciences; Notice of Meeting Date: September 9–10, 1999. Pursuant to section 10(d) of the Open: September 9, 1999, 1:30 PM to 2:30 DEPARTMENT OF HEALTH AND Federal Advisory Committee Act, as PM. HUMAN SERVICES amended (5 U.S.C. Appendix 2), notice Agenda: Grant applications. is hereby given of a meeting of the Place: Holiday Inn—Chevy Chase, Terrace National Institutes of Health National Advisory General Medical Room, 5520 Wisconsin Avenue, Chevy Sciences Council. Chase, MD 20815. National Institute of Mental Health; The meeting will be open to the Closed: September 9, 1999, 2:30 PM to 5:30 Notice of Closed Meeting public as indicated below, with PM. attendance limited to space available. Agenda: To review and evaluate grant Pursuant to section 10(d) of the Individuals who plan to attend and applications. Federal Advisory Committee Act, as need special assistance, such as sign Place: Holiday Inn—Chevy Chase, Terrace amended (5 U.S.C. Appendix 2), notice Room, 5520 Wisconsin Avenue, Chevy language interpretation or other is hereby given of the following Chase, MD 20815. reasonable accommodations, should meeting. Closed: September 10, 1999, 8:00 AM to notify the Contact Person listed below 9:30 AM. The meeting will be closed to the in advance of the meeting. Agenda: To review and evaluate grant public in accordance with the The meeting will be closed to the applications. provisions set forth in sections public in accordance with the Place: Holiday Inn—Chevy Chase, Terrace 552b(c)(4) and 552b(c)6), Title 5 U.S.C., provisions set forth in sections Room, 5520 Wisconsin Avenue, Chevy as amended. The grant applications and 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Chase, MD 20815. the discussion could disclose as amended. The grant applications and Contact Person: Walter S. Stolz, Phd., confidential trade secrets or commercial the discussions could disclose Director for Extramural Activities, National property such as patentable material, confidential trade secrets or commercial Institute of Diabetes and Digestive and and personal information concerning property such as patentable material, Kidney Diseases, National Institutes of individuals associated with the grant and personal information concerning Health, PHS, DHHS, Bethesda, MD 20892. applications, the disclosure of which individuals associated with the grant Name of Committee: National Diabetes and would constitute a clearly unwarranted applications, the disclosure of which Digestive and Kidney Diseases Advisory invasion of personal privacy. would constitute a clearly unwarranted Council Kidney, Urologic and Hematologic invasion of personal privacy. Diseases Subcommittee. Name of Committee: National Institute of Mental Health Special Emphasis Panel. Name of Committee: National Advisory Date: September 9–10, 1999. General Medical Sciences Council. Date: August 26, 1999. Open: September 9, 1999, 1:30 PM to 2:30 Date: September 23–24, 1999. PM. Time: 2:00 PM to 3:00 PM. Closed: September 23, 1999, 8:30 a.m. to 11 Agenda: Grant applications. Agenda: To review and evaluate grant a.m. Place: Holiday Inn—Chevy Chase, applications. Agenda: To review and evaluate grant Palladian West Room, 5520 Wisconsin Place: Neuroscience Center, National applications. Avenue, Chevy Chase, MD 20815. Institutes of Health, 6001 Executive Blvd., Place: Natcher Building, 45 Center Drive, Closed: September 9, 1999, 2:30 PM to 5:30 Bethesda, MD 20892, (Telephone Conference Conference Rooms E1/E2, Bethesda, MD 20892. PM. Call). Agenda: To review and evaluate grant Contact Person: Jack D. Maser, PhD, Open: September 23, 1999, 11 a.m. to 5 applications. Scientific Review Administrator, Division of p.m. Agenda: For the discussion of program Place: Holiday Inn—Chevy Chase, Extramural Activities, National Institute of Mental Health, NIH, Neuroscience Center, policies and issues, opening remarks, report Palladian West Room, 5520 Wisconsin of the Director, NIGMS, and other business 6001 Executive Blvd., Room 6150, MSC 9608, Avenue, Chevy Chase, MD 20815. of Council. Closed: September 10, 1999, 8:00 AM to Bethesda, MD 20892–9608, 301–443–1340. Place: Natcher Building, 45 Center Drive, 9:30 AM. This notice is being published less than 15 Conference Rooms E1/E2, Bethesda, MD Agenda: To review and evaluate grant days prior to the meeting due to the timing 20892. applications. limitations imposed by the review and Closed: September 24, 1999, 8:30 a.m. to Place: Holiday Inn—Chevy Chase, funding cycle. adjournment. Palladian West Room, 5520 Wisconsin (Catalogue of Federal Domestic Assistance Agenda: To review and evaluate grant Avenue, Chevy Chase, MD 20815. Program Nos. 93.242, Mental Health Research applications. Contact Person: Walter S. Stolz, Phd., Grants; 93.281, Scientist Development Place: Natcher Building, 45 Center Drive, Director for Extramural Activities, National Award, Scientists Development Award for Conference Rooms E1/E2, Bethesda, MD 20892. Institute of Diabetes and Digestive and Clinicians, and Research Scientist Award; Kidney Diseases, National Institutes of Contact Person: W. Sue Shafer, PhD, 93.282, Mental Health National Research Deputy Director, National Institute of General Health, PHS, DHHS, Bethesda, MD 20892. Service Awards for Research Training, Medical Sciences, National Institutes of (Catalogue of Federal Domestic Assistance National Institute of Health, HHS) Health, Natcher Building, Room 2AN–32C, Program Nos. 93.847, Diabetes, Dated: August 6, 1999. Bethesda, MD 20892, (301) 594–4499. Endocrinology, and Metabolic Research; Anna Snouffer, (Catalogue of Federal Domestic Assistance 93.848, Digestive Diseases and Nutrition Program Nos. 93.375, Minority Biomedical Acting Director, OFACP, NIH. Research; 93.849, Kidney Diseases, Urology Research Support; 93.821, Cell Biology and and Hematology Research, National Institutes [FR Doc. 99–20827 Filed 8–11–99; 8:45 am] Biophysics Research; 93.859, Pharmacology, of Health, HHS) BILLING CODE 4140±01±M Physiology, and Biological Chemistry

VerDate 18-JUN-99 17:25 Aug 11, 1999 Jkt 183247 PO 00000 Frm 00062 Fmt 4703 Sfmt 4703 E:\FR\FM\12AUN1.XXX pfrm07 PsN: 12AUN1 Federal Register / Vol. 64, No. 155 / Thursday, August 12, 1999 / Notices 44037

Research; 93.862, Genetics and Dated: August 5, 1999. DEPARTMENT OF HEALTH AND Developmental Biology Research; 93.88, Anna Snouffer, HUMAN SERVICES Minority Access to Research Careers; 93.96, Acting Committee Management Officer, NIH. Special Minority Initiatives, National National Institutes of Health (NIH) Institutes of Health, HHS) [FR Doc. 99–20833 Filed 8–11–99; 8:45 am] Dated: August 6, 1999. BILLING CODE 4140±01±M National Institute on Aging; Notice of Anna Snouffer, Meeting of Imaging and Biological Acting Director, Office of Federal Advisory Markers for Diagnosis and Progression DEPARTMENT OF HEALTH AND Committee Policy, NIH. of Alzheimer's Disease [FR Doc. 99–20829 Filed 8–11–99; 8:45 am] HUMAN SERVICES BILLING CODE 4140±01±M National Institutes of Health Notice is hereby given of the Meeting Imaging and Biological Markers for National Institute of General Medical Diagnosis and Progression of DEPARTMENT OF HEALTH AND Sciences; Notice of Closed Meeting Alzheimer’s Disease, September 27 and HUMAN SERVICES 28, 1999, to be held at the Bethesda Marriott, 5151 Pooks Hill Road, National Institutes of Health Pursuant to section 10(d) of the Federal Advisory Committee Act, as Bethesda, Maryland 20814. This National Institute of Nursing Research; amended (5 U.S.C. Appendix 2), notice meeting will be open to the public from Notice of Meeting is hereby given of the following 8:00 a.m. to 5:00 p.m. both days. meeting. The meeting will focus on the Pursuant to section 10(d) of the potential usefulness of various Federal Advisory Committee Act, as The meeting will be closed to the neuroimaging modalities (e.g. MRI, amended (5 U.S.C. Appendix 2), notice public in accordance with the MRS, fMRI, PET, SPECT) and biological is hereby given of a meeting of the provisions set forth in sections markers (e.g. beta—amyloid, tau, National Advisory Council for Nursing 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., inflammatory, oxidative) in the initial Research. as amended. The grant applications and The meeting will be open to the the discussions could disclose diagnosis of Alzheimer’s disease and in public as indicated below, with confidential trade secrets or commercial assessing disease progression and attendance limited to space available. property such as patentable material, response to treatments. This particular Individuals who plan to attend and and personal information concerning workshop will not address genetic need special assistance, such as sign individuals associated with the grant markers. language interpretation or other applications, the disclosure of which Ms. Paula Nesmith, MultiConsultant reasonable accommodations, should would constitute a clearly unwarranted Associates, Inc., 8484 Georgia Avenue, notify the Contact Person listed below invasion of personal privacy. Suite 320, Silver Spring, MD 20910, in advance of the meeting. Name of Committee: National Institute of Phone: 301–650–7430, Fax: 301–587– The meeting will be closed to the General Medical Sciences Special Emphasis 4138, will provide a list of speakers and public in accordance with the Panel Genetics. their topics, and the Registration (no provisions set forth in sections Date: August 17, 1999. fee) Form, upon request. Time: 8:00 AM to 11:00 AM. 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., A block of rooms has been reserved at Agenda: To review and evaluate grant as amended. The grant applications and the Bethesda Marriott at a Group Rate of the discussions could disclose applications. Place: Standford Terrace Inn, 531 Stanford $145 per person per night for the first confidential trade secrets or commercial 100 industry attendees to make property such as patentable material, Avenue, Palo Alto, CA 94306. reservations. Twelve percent (12%) and personal information concerning Contact Person: Carole H. Latker, PhD., State and Local taxes will be added to individuals associated with the grant Scientific Review Administrator, Office of this rate. Please contact Ms. Paula applications, the disclosure of which Scientific Review, National Institute of Nesmith, MultiConsultant Associates, would constitute a clearly unwarranted General Medical Sciences, National Institutes Inc., 8484 Georgia Avenue, Suite 320, invasion of personal privacy. of Health, Natcher Building, Room 1AS–13, Bethesda, MD 20892, (301) 594–3663. Silver Spring, MD 20910, Phone: 301– Name of Committee: National Advisory This notice is being published less than 15 650–7430, Fax: 301–587–4138, who will Council for Nursing Research. days prior to the meeting due to the timing provide a list of speakers and their Date: September 14, 1999. limitations imposed by the review and topics, the Registration (no fee) Form, Open: 9:00 AM to 1:00 PM. funding cycle. Agenda: For discussion of program policies and the Hotel Application Form upon and issues. (Catalogue of Federal Domestic Assistance request. Reservations must be received Place: National Institutes of Health, 9000 Program Nos. 93.375, Minority Biomedical on or before Wednesday, August 25, Rockville Pike, Building 31C, Conference Research Support; 93.821, Cell Biology and 1999, to secure the group Rate. All room Room 6, Bethesda, MD 20892. Biophysics Research; 93.859, Pharmacology, and hotel expenses are that of the Closed: 2:00 PM to Adjournment. Physiology, and Biological Chemistry attendee. Individuals who plan to attend Agenda: To review and evaluate grant Research; 93.862, Genetics and and need special assistance, such as applications. Developmental Biology Research; 93.88, sign language interpretation or other Minority Access to Research Careers; 93.96, Place: National Institutes of Health, 9000 reasonable accommodations, should Special Minority Initiatives, National Rockville Pike, Building 31C, Conference contact Mrs. Rosztoczy at 301–496– Room 6, Bethesda, MD 20892. Institutes of Health, HHS) 9350, in advance of the meeting. Contact Person: Mary Leveck, PhD, Dated: August 5, 1999. Associate Director for Scientific Programs, Anna Snouffer, Dated: August 4, 1999. NINR, NIH, Building 31, Room 5B05, Ruth L. Kirschstein, Bethesda, MD 20892, (301) 594–5693. Acting Director, Office of Federal Advisory Committee Policy, NIH. Deputy Director, NIH. (Catalogue of Federal Domestic Assistance Program Nos. 93.361, Nursing Research, [FR Doc. 99–20834 Filed 8–11–99; 8:45 am] [FR Doc. 99–20937 Filed 8–10–99; 10:36 am] National Institutes of Health, HHS) BILLING CODE 4140±01±M BILLING CODE 4140±01±M

VerDate 18-JUN-99 17:25 Aug 11, 1999 Jkt 183247 PO 00000 Frm 00063 Fmt 4703 Sfmt 4703 E:\FR\FM\12AUN1.XXX pfrm07 PsN: 12AUN1 44038 Federal Register / Vol. 64, No. 155 / Thursday, August 12, 1999 / Notices

DEPARTMENT OF HEALTH AND Contact Person: Michael J. Kozak, PhD, Dated: August 6, 1999. HUMAN SERVICES Scientific Review Administrator, Center for Anna Snouffer, Scientific Review, National Institutes of Acting Committee Management Officer, NIH. Health, 6701 Rockledge Drive, Room 3170, National Institutes of Health [FR Doc. 99–20824 Filed 8–11–99; 8:45 am] MSC 7848, Bethesda, MD 20892, (301) 435– Center for Scientific Review; Notice of 0913. BILLING CODE 4140±01±M Closed Meetings This notice is being published less than 15 days prior to the meeting due to the timing Pursuant to section 10(d) of the limitations imposed by the review and DEPARTMENT OF HOUSING AND Federal Advisory Committee Act, as funding cycle. URBAN DEVELOPMENT amended (5 U.S.C. Appendix 2), notice Name of Committee: Center for Scientific [Docket No. FR±4446±N±04] is hereby given of the following Review Special Emphasis Panel ZRG1 VISB meetings. (03). Notice of Proposed Information The meetings will be closed to the Date: August 18, 1999. public in accordance with the Collection: Comment Request; Welfare Time: 2:00 PM to 4:30 PM. to Work: A Comprehensive Guide of provisions set forth in sections Agenda: To review and evaluate grant Welfare to Work Resources and 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., applications. as amended. The grant applications and Place: NIH, Rockledge 2, Bethesda, MD Services the discussions could disclose 20892 (Telephone Conference Call). AGENCY: Office of the Assistant confidential trade secrets or commercial Contact Person: Leonard Jakubczack, PhD., Secretary for Community Planning and property such a patentable material, and Scientific Review Administrator, Center for Development, HUD. personal information concerning Scientific Review, National Institutes of ACTION: individuals associated with the grant Health, 6701 Rockledge Drive, Room 5172, Notice. MSC 7844, Bethesda, MD 20892, (301) 435– applications, the disclosure of which SUMMARY: The proposed information 1247. would constitute a clearly unwarranted collection requirement described below invasion of personal privacy. This notice is being published less than 15 days prior to the meeting due to the timing will be submitted to the Office of Name of Committee: Center for Scientific limitations imposed by the review and Management and Budget (OMB) for Review Special Emphasis Panel ZRG1–ET1– funding cycle. review, as required by the Paperwork 05. Reduction Act. The Department is Date: August 9, 1999. Name of Committee: Center for Scientific Review Special Emphasis Panel. soliciting public comments on the Time: 10:00 AM to 12:00 PM. subject proposal. Agenda: To review and evaluate grant Date: August 18, 1999. applications. Time: 2:00 PM to 4:00 PM. DATES: Comments due date October 12, Place: NIH, Rockledge 2, Bethesda, MD Agenda: To review and evaluate grant 1999. 20892 (Telephone Conference Call). applications. ADDRESSES: Interested persons are Contact Person: Philip Perkins, PhD, Place: NIH, Rockledge 2, Bethesda, MD invited to submit comments regarding Scientific Review Administrator, Center for 20892 (Telephone Conference Call). this proposal. Comments should refer to Scientific Review, National Institutes of Contact Person: Marcelina B. Powers, Health, 6701 Rockledge Drive, Room 4148, the proposal by name and/or OMB DVM, MS, Scientific Review Administrator, Control Number and should be sent to: MSC 7804, Bethesda, MD 20892 (301) 435– Center for Scientific Review, National 1718. Sheila E. Jones, Reports Liaison Officer, Institutes of Health, 6701 Rockledge Drive, This notice is being published less than 15 Department of Housing & Urban days prior to the meeting due to the timing Room 4152, MSC 7804, Bethesda, MD 20892, (301) 435–1720. Development, 451 Seventh Street, SW, limitations imposed by the review and Room 7230, Washington, DC 20410– funding cycle. This notice is being published less than 15 days prior to the meeting due to the timing 7000. Name of Committee: Center for Scientific FOR FURTHER INFORMATION CONTACT: Review Special Emphasis Panel. limitations imposed by the review and Date: August 9, 1999. funding cycle. Maxine Wallace, Department of Housing Time: 10:00 AM to 11:00 AM. Name of Committee: Center for Scientific and Urban Development, 451 Seventh Agenda: To review and evaluate grant Review Special Emphasis Panel. Street, SW, Washington, DC 20410, applications. Date: August 19, 1999. telephone (202) 708–2186 ext. 4385. Place: NIH, Rockledge 2, Bethesda, MD Time: 11:00 AM to 1:00 PM. This is not a toll-free number. Copies of 20892 (Telephone Conference Call). Agenda: To review and evaluate grant available documents submitted to OMB Contact Person: Anita Miller Sostek, PhD, applications. may be obtained from Ms. Wallace. Scientific Review Administrator, Center for Place: NIH, Rockledge 2, Bethesda, MD Scientific Review, National Institutes of SUPPLEMENTARY INFORMATION: The 20892 (Telephone Conference Call). Department is submitting the proposed Health, 6701 Rockledge Drive, Room 3176, Contact Person: Ronald Dubois, PhD, MSC 7848; Bethesda, MD 20892, (301) 435– information collection to OMB for Scientific Review Administrator, Center for 0910. review, as required by the Paperwork Scientific Review, National Institutes of This notice is being published less than 15 Health, 6701 Rockledge Drive, room 4156, Reduction Act of 1995 (44 U.S.C. days prior to the meeting due to the timing MSC 7806, Bethesda, MD 20892, (301) 435– Chapter 35, as amended). limitations imposed by the review and 1722, [email protected]. This Notice is soliciting comments funding cycle. This notice is being published less than 15 from members of the public and Name of Committee: Center for Scientific days prior to the meeting due to the timing affecting agencies concerning the Review Special Emphasis Panel. limitations imposed by the review and proposed collection of information to: Date: August 18, 1999. funding cycle. (1) Evaluate whether the proposed Time: 8:30 AM to 5:00 PM. collection of information is necessary Agenda: To review and evaluate grant (Catalogue of Federal Domestic Assistance applications. Program Nos. 93.306, Comparative Medicine, for the proper performance of the Place: Embassy Suites Hotel, The Chevy 93.306; 93.333, Clinical Research, 93.333, functions of the agency, including Chase Pavilion, 4300 Military Road NW, 93.337, 93.393–93.396, 93.837–93.844, whether the information will have Wisconsin at Western Avenue, Washington, 93.846–93.878, 93.892, 93.893, National practical utility; (2) Evaluate the DC 20015. Institutes of Health, HHS) accuracy of the agency’s estimate of the

VerDate 18-JUN-99 11:03 Aug 11, 1999 Jkt 183247 PO 00000 Frm 00064 Fmt 4703 Sfmt 4703 E:\FR\FM\A12AU3.137 pfrm07 PsN: 12AUN1 Federal Register / Vol. 64, No. 155 / Thursday, August 12, 1999 / Notices 44039 burden of the proposed collection of DEPARTMENT OF HOUSING AND contract administration of Section 8 information; (3) Enhance the quality, URBAN DEVELOPMENT projects assisted under the Section 8 utility, and clarity of the information to moderate rehabilitation program [Docket No. FR±4511±N±02] be collected; and (4) Minimize the (including the Section 8 moderate burden of the collection of information Request for Proposals; Contract rehabilitation single room occupancy on those who are to respond; including Administrators for Project-Based program) or the Section 8 project-based through the use of appropriate Section 8 Housing Assistance certificate program, or to contract automated collection techniques or Payments (HAP) Contracts; administration of Section 8 projects to other forms of information technology, Amendments be assisted under the Section 8 project- e.g., permitting electronic submission of based voucher program. In addition, the responses. AGENCY: Office of the Assistant following projects will not be Secretary for Housing, HUD. transferred to contract administrators: This Notice also lists the following ACTION: Notice of request for proposals; HUD-owned projects; projects in information: amendment. foreclosure pipelines; projects classified Title of Proposal: Welfare to Work: A as MIP (mortgagee-in-possession); Comprehensive Guide of Welfare to SUMMARY: On May 3, 1999, HUD issued projects referred to the Enforcement Work Resources and Services. a Request for Proposals (RFP) pertaining Center; projects where the owner has to Contract Administrators for Project- advised that they intend to ‘‘opt-out.’’ OMB Control Number, if applicable: Based Section 8 Housing Assistance b. The fourth paragraph is amended to 2506–0168. Payments (HAP) Contract. The RFP was add the words ‘‘and the District of Description of the need for the published in the Federal Register on Columbia’’ at the end of the second information and proposed use: May 19, 1999, to ensure a wider sentence, and in the last sentence to Information collection is required to dissemination. Through the RFP, HUD remove all language following the word provide employers in eight (8) cities is seeking sources interested in ‘‘other’’ and to insert in its place the (New York, Baltimore, Kansas City, St. providing contract administration phrase ‘‘public or private, profit or non- Louis, Dallas, Seattle, Denver and San services for project-based Housing profit entities.’’ Antonio) with helpful information on Assistance Payment Contracts under Paragraph 4 Amended securing and training welfare recipients Section 8. The RFP solicitation is not a as workers. formal procurement within the meaning Proposals in response to this RFP may of the Federal Acquisition Regulations cover an area no smaller than an Agency form numbers, if applicable: (FAR) but follows many of those individual State (or U.S. Territory). n/a. principles. Proposals may cover one or more HUD Members of affected public: Service HUD amended the RFP on August 2, Multifamily Hubs or one or more States Providers including Not-for-Profits and 1999. This notice publishes the (or U.S. Territory), and the District of State, Local and Tribal Governments amendments already issued, again, for Columbia. Geographic Service Area will be the primary affected members of the purpose of wider dissemination. Jurisdiction (Attachment II) describes the public. Businesses and other for- Offerors must submit technical and the jurisdictions of the Multifamily profit agencies will be affected members cost proposals prior to the RFP Hubs. HUD encourages proposals as well. deadline. Proposals in response to the through joint ventures and other public or private, profit or non-profit entities. Estimation of the total numbers of RFP are due to the HUD Denver hours needed to prepare the information Multifamily Hub at 5:00 pm MDT 3. Statement of Work Wednesday, August 25, 1999. The collection including number of Additional references are added to the amendments provide the exact respondents, frequency of response, and ‘‘references’’ sections of each of Section submission location. The amendments 3.3, Rental Adjustments, and Section hours of response: The estimated to the RFP follow: number of respondents is 1,200. The 3.4, Opt-Out and Contract Termination proposed frequency of the response to Dated August 9, 1999. as follows: William C. Apgar, the collection of information is one- 3.3 Rental Adjustments time. It is believed that it will take Assistant Secretary for Housing, Federal approximately one (1) hour to complete Housing Commissioner. References Amended the questionnaire with 1,200 1. Introduction References: respondents for a total of 1,200 hours. HUD Handbook 4350.1 a. The second paragraph of the Notice: H–98–34 Status of the proposed information Introduction section is amended to Notice: H–98–3 collection: replace the number ‘‘9’’ in the last Notice: H–98–27 Authority: The Paperwork Reduction Act sentence with the number ‘‘8,’’ and to Notice: H–99–08 of 1995, 44 U.S.C. Chapter 35, as amended. add a new sentence to the end of second Notice: H–99–13 paragraph. Notice: H–99–15 August 3, 1999. Internal Housing Memoranda dated 2/9/ Cardell Cooper, Paragraph 2 Amended 99 and 5/7/99 Assistant Secretary for Community Planning When HUD renews the expired 3.4 Opt-Out and Contract Termination and Development. project-based HAP Contracts that PHAs [FR Doc. 99–20800 Filed 8–11–99; 8:45 am] currently administer, HUD generally References Amended BILLING CODE 4210±29±M expects to transfer contract References: administration of the renewed HAP Notice: H–98–34 Contracts to the Contract Administrator Notice: H–99–08 (CA) it selects through this RFP for the Notice: H–99–13 service area where the property is Internal Housing Memoranda dated 2/9/ located. This RFP does not apply to 99 and 5/7/99

VerDate 18-JUN-99 11:03 Aug 11, 1999 Jkt 183247 PO 00000 Frm 00065 Fmt 4703 Sfmt 4703 E:\FR\FM\A12AU3.085 pfrm07 PsN: 12AUN1 44040 Federal Register / Vol. 64, No. 155 / Thursday, August 12, 1999 / Notices

3.7 Section 8 Budgets, Requisitions, sentence the words ‘‘and the District of Paragraph 2 Amended Revisions and Year-end Statements Columbia’’. The proposal must provide a The last sentence in the first Paragraph 1 Amended proposed plan for the transfer of paragraph is revised to state that year- Proposals in response to this responsibility for contract end settlements are to be submitted solicitation must clearly designate the administration from HUD to the CA that within 45 days of the end of the CA’s intended service area. Offerors must bid includes, but need not be limited to, fiscal year. to provide contract administration how the offeror will be prepared to begin operations within 120 calendar Paragraph 1 Amended services for areas no smaller than an days after award of the ACC. To receive monthly ACC payments, individual State (or U.S. Territory) and Section 8 budgets and requisitions (and the District of Columbia. HUD will 7.1.1 Data Systems accept proposals covering the entire revisions as required) must be submitted The first paragraph is amended by nation, multiple Multifamily Hubs, for each HAP contract at least 90 days adding a new sentence at the end. before the beginning of the fiscal year. individual Multifamily Hubs, or any Also to receive monthly ACC payments, combination of states, but no smaller Paragraph 1 Amended Year-end settlement statements must be than an individual State (or U.S. Offerors must demonstrate their prepared and submitted within 45 days Territory) and the District of Columbia. ability to comply with all processing of the end of the CA’s fiscal year. All multi-state proposals must provide a and reporting requirements applicable separate cost proposal for each state to CA functions contained in this RFP, 3.8 Contract Administrator’s Audit within the proposed service area (see including requirements for contract a. The fourth ‘‘bullet’’ paragraph Attachment II.B). HUD will evaluate administrators outlined in Section 108 under the subheading ‘‘Requirements’’ proposals for areas larger than an of 24 CFR, Part 208—Electronic is amended to replace ‘‘FMC’’ with individual State on a state by state basis. Transmission of Required Data for ‘‘HUD’’. 5.2 Proposal Organization Certification and Recertification and Subparagraph 4 Under a. The first numbered subparagraph, Subsidy Billing Procedures for ‘‘Requirements’’ Amended following the first paragraph, is Multifamily Subsidized Projects (a/k/a the Automation Rule). CAs are expected Requirements: amended by replacing ‘‘20’’ with the number ‘‘30’’. to have Internet Service Provider access * * * * * for communication with HUD. (At this • Provide HUD with annual financial Subparagraph #1 Amended time, HUD plans for most data entry and audit of the CA’s activities the earlier of 1. Understanding and Technical data transfer with CAs to occur over the 30 days after receipt of the auditors Approach—30 pages. Internet). CAs must ensure that all report or 9 months after the CA’s fiscal b. A new paragraph is added to this systems are virus free. year end (FYE) (in accordance with section to read as follows: [FR Doc. 99–20933 Filed 8–11–99; 8:45 am] OMB Circular A–133). This audit must be performed by an independent public New Paragraph Added BILLING CODE 4210±27±P accountant (IPA). The proposal shall include an 3.10 Renewals of Expiring Section 8 additional page placed before the Contracts appendix. This page does not count DEPARTMENT OF THE INTERIOR toward the page limitation. This page Additional references are added to the shall state whether or not any member Fish and Wildlife Service ‘‘reference’’ section of section 3.10 as of the Offeror Bidding Team has or is follows: currently serving as a Contract Notice of Receipt of Applications for Reference Amended Administrator. If the answer is yes, Permit identify the team member or members. Reference: The following applicants have Notice: H–98–34 5.3 Proposal Due Date applied for a permit to conduct certain activities with endangered species. This Notice: H–99–08 The first paragraph is amended to notice is provided pursuant to section Notice: H–99–13 provide for a new deadline date and 10(c) of the Endangered Species Act of Internal Housing Memoranda dated 2/9/ location for submission. The second and 1973, as amended (16 U.S.C. 1531, et 99 and 5/7/99 third paragraphs of this section are not seq.): changed. 3.12 Physical Inspection Prt—835640 Paragraph 1 Amended Additional references are added to the Applicant: Cat Dancers Ranch, Alachua, FL ‘‘reference’’ section of Section 3.12 as Offerors must submit proposals no The applicant requests a permit to re- follows: later than 5:00 PM MDT, Wednesday, export and re-import leopard (Panthera August 25, 1999. Offerors must submit Reference Amended pardus), and progeny of the animals proposals to: U.S. Department of currently held by the applicant, and any Reference: Housing and Urban Development, animals acquired in the United States by HUD Handbook 4350.1 Attention: Denver Multifamily Hub, 633 the applicant to/from worldwide Federal Register, September 1, 1998 17th Street, 11th Floor, Denver, CO locations to enhance the survival of the Housing Assistance Payments (HAP) 80202–3607. species through conservation education. Contract 7.1 Understanding and Technical This notification covers activities 5.1 Service Area Designation Approach—50 Points conducted by the applicant over a three- The first paragraph of this section is The second paragraph of this section year period. amended by adding at the end of the is revised to change the number ‘‘60’’ to PRT–015807 second sentence and the end of the third ‘‘120.’’ Applicant: D. Barry Lederach, Telford, PA

VerDate 18-JUN-99 11:03 Aug 11, 1999 Jkt 183247 PO 00000 Frm 00066 Fmt 4703 Sfmt 4703 E:\FR\FM\A12AU3.166 pfrm07 PsN: 12AUN1 Federal Register / Vol. 64, No. 155 / Thursday, August 12, 1999 / Notices 44041

The applicant requests a permit to PRT–015154 by additional parties may be allowed, import the sport-hunted trophy of one The applicant requests a permit to but must be approved by the Authorized male bontebok (Damaliscus pygargus import a polar bear (Ursus maritimus) Officer or their representative. dorcas) culled from a captive herd sport-hunted from the M’Clintock Any person who fails to comply with maintained under the management Channel polar bear population, Canada the provisions of this closure order may program of the Republic of South Africa, for personal use. be subject to the penalties provided in for the purpose of enhancement of the Documents and other information 43 CFR 8360.0–7, which include a fine survival of the species. submitted with these applications are not to exceed 12 months, as well as the PRT–015933 available for review, subject to the penalties provided under Oregon State law. Applicant: Clark S. Ullom, Marietta, GA requirements of the Privacy Act and Freedom of Information Act, by any The public land is temporarily closed The applicant requests a permit to party who submits a written request for to unauthorized public use under this import the sport-hunted trophy of one a copy of such documents to the order and will be posted with signs at male bontebok (Damaliscus pygargus following office within 30 days of the points of public access. dorcas) culled from a captive herd date of publication of this notice: U.S. The purpose of this emergency maintained under the management Fish and Wildlife Service, Office of temporary closure is to protect persons program of the Republic of South Africa, Management Authority, 4401 North from potential harm and protect for the purpose of enhancement of the Fairfax Drive, Room 700, Arlington, valuable public property from survival of the species Virginia 22203. Phone: (703/358–2104); unauthorized abuse. PRT–815482, 835802, 012984 FAX: (703/358–2281). This closure is effective from August 3, 1999 until this notice is rescinded. Applicant: Randy Miller, Big Bear City, CA Dated: August 9, 1999. FOR FURTHER INFORMATION CONTACT: Kristen Nelson, Ron The applicant requests a permit to re- Wenker, District Manager, Medford export and re-import tigers (Panthera Acting Chief, Branch of Permits, Office of Management Authority. District Office, at (541) 770–2200. tigris), African leopard (Panther Dated: August 3, 1999. pardus), and progeny of the animals [FR Doc. 99–20853 Filed 8–11–99; 8:45 am] Ron Wenker, currently held by the applicant and any BILLING CODE 4310±55±P animals acquired in the United States by District Manager. the applicant to/from worldwide [FR Doc. 99–20810 Filed 8–11–99; 8:45 am] DEPARTMENT OF THE INTERIOR locations to enhance the survival of the BILLING CODE 4310±33±M species through conservation education. Bureau of Land Management This notification covers activities conducted by the applicant over a three- [OR±110±0777±30±24±1A; HAG 99±0279] DEPARTMENT OF THE INTERIOR year period. Emergency Closure of Public Lands: Bureau of Land Management Written data or comments should be Josephine County, OR submitted to the Director, U.S. Fish and [OR±110±0777±30±24±1A; HAG 99±0280] AGENCY: Bureau of Land Management, Wildlife Service, Office of Management Emergency Closure of Public Lands: Interior. Authority, 4401 North Fairfax Drive, Jackson and Josephine Counties, Room 700, Arlington, Virginia 22203 ACTION: Emergency closure of public Oregon and must be received by the Director lands and access roads in Josephine within 30 days of the date of this County, Oregon. AGENCY: Bureau of Land Management, publication. Interior. The following applicants have SUMMARY: Notice is hereby given that ACTION: Emergency closure of public applied for a permit to conduct certain certain public lands in Josephine lands and access roads in Jackson and activities with marine mammals. The County, Oregon, are hereby temporarily Josephine Counties, Oregon. application was submitted to satisfy closed to all public use, including requirements of the Marine Mammal vehicle operation and sightseeing from SUMMARY: Notice is hereby given that Protection Act of 1972, as amended (16 August 3, 1999 until this notice is certain public lands in Jackson and U.S.C. 1361 et seq.), and the regulations rescinded. The closure is made under Josephine Counties, Oregon, are hereby governing marine mammals (50 CFR the authority of 43 CFR 9268.3(d)(1)(l) temporarily closed to all public use, 18). and 8364.1(a). including vehicle operation and The public lands affected by this sightseeing from August 5, 1999 until PRT–015398 emergency closure are specifically this notice is rescinded. The closure is Applicant: Ron Watson, Hamilton, OH identified as follows: made under the authority of 43 CFR The applicant requests a permit to Section 27, Section 29, Section 31, Section 9268.3(d)(1)(1) and 8364.1(a). import a polar bear (Ursus maritimus) 33, Section 34, Section 35; T. 37 S., R. 7 The public lands affected by this sport-hunted from the Lancaster Sound W., Willamette Meridian. Section 2, emergency closure are specifically polar bear population, Canada for Section 3, Section 5, Section 7 and Section identified as follows: 11, and Section 15; T. 38 S., R. 7 W., personal use. Sections 20, 29, 30, 31: T. 38 S., R. 4 W., Willamette Meridian. PRT–014012 Willamette Meridian, Jackson County The following persons, operating Sections 6, 7: T. 39 S., R. 4 W., Willamette Applicant: Joe T. Lock, Laneville, TX within the scope of their official duties, Meridian, Jackson County The applicant requests a permit to are exempt from the provisions of this Sections 1, 12, 13: T. 39 S., R. 5 W., import a polar bear (Ursus maritimus) closure order: Bureau employees; state, Willamette Meridian, Josephine County sport-hunted from the Lancaster Sound local and federal law enforcement and The following persons, operating polar bear population, Canada for fire protection personnel; and the within the scope of their official duties, personal use. holders of Bureau of Land Management are exempt from the provisions of this Applicant: David Rain, Cedarville, NJ (BLM) permits and/or contracts. Access closure order: Bureau employees; state,

VerDate 18-JUN-99 11:03 Aug 11, 1999 Jkt 183247 PO 00000 Frm 00067 Fmt 4703 Sfmt 4703 E:\FR\FM\A12AU3.086 pfrm07 PsN: 12AUN1 44042 Federal Register / Vol. 64, No. 155 / Thursday, August 12, 1999 / Notices local and federal law enforcement and Alternative, and the Pipeline Backfill DEPARTMENT OF THE INTERIOR fire protection personnel; and the Alternative. holders of Bureau of Land Management DATES: Written comments must be post- Bureau of Land Management (BLM) permits and/or contracts. Access marked or otherwise delivered by 4:30 by additional parties may be allowed, p.m. on October 5, 1999. Comments may [NV±030±99±1020±24±1 A] but must be approved by the Authorized also be presented at public meetings to Officer or their representative. be held: Sierra Front/Northwest Great Basin Any person who fails to comply with August 30, 1999 (7–9 pm) BLM office, Resource Advisory Council-Subgroup the provisions of this closure order may Battle Mountain, NV Meeting, Notice of Meeting Location be subject to the penalties provided in August 31, 1999 (7–9 pm) Crescent and Time, Nevada 43 CFR 8360.0–7, which include a fine Valley, NV Community Center not to exceed 12 months, as well as the A limited number of copies of the AGENCY: Bureau of Land Management, penalties provided under Oregon State Draft EIS may be obtained at the Battle Interior. law. Mountain BLM Field Office. ACTION: The public land is temporarily closed ADDRESSES: Written comments should Resource Advisory Council to unauthorized public use under this be addressed to the Bureau of Land Subgroup meeting locations and times. order and will be posted with signs at Management, Battle Mountain Field points of public access. Office, 50 Bastian Road, Battle SUMMARY: In accordance with the The purpose of this emergency Mountain, Nevada 89820. Comments, Federal Land Policy and Management temporary closure is to protect persons including names and street addresses of Act and the Federal Advisory from potential harm and protect respondents, will be available for public Committee Act of 1972 (FACA), the valuable public property from review at the above address during Department of the Interior, Bureau of unauthorized abuse. regular business hours (7:30 a.m. to 4:30 Land Management (BLM) Council This closure is effective from August p.m.), Monday through Friday, except Subgroup meeting will be held as 5, 1999 until this notice is rescinded. holidays, and may be published in the indicated below. The topic for FOR FURTHER INFORMATION CONTACT: Ron EIS. Individual respondents may request discussion will be the draft Black Rock Wenker, District Manager, Medford confidentiality. If you wish to withhold Management Plan. your name or street address from public District Office at (541) 770–2200. All meetings are open to the public. review or from disclosure under Dated: August 5, 1999. Freedom of Information Act, you must The public may present written Aaron Horton, state this prominently at the beginning comments to the council. Time will be Acting District Manager. of your written comment. Such requests allocated for public comments. The [FR Doc. 99–20913 Filed 8–11–99; 8:45 am] will be honored to the extent allowed by public comment period for the council BILLING CODE 4310±33±M law. All submissions from organizations meeting is listed below. Individuals or businesses, and from individuals who plan to attend and need further identifying themselves as information about the meeting or need DEPARTMENT OF THE INTERIOR representatives or officials of special assistance such as sign language organizations or businesses, will be interpretation or other reasonable Bureau of Land Management made available for public inspection in accommodations, should contact Robert [NV±060±3809] their entirely. Stewart at the Carson City Field Office, FOR FURTHER INFORMATION CONTACT: Gary 5665 Morgan Mill Road, Carson City, Notice of Availability; Environmental Foulkes, Battle Mountain BLM at (775) NV 89701, telephone (775) 885–6000. Impact Statement; South Pipeline 635–4060. DATE & TIME: The council will meet on Project; Proposed Expansion of SUPPLEMENTARY INFORMATION: Cortez Existing Gold Mining/Processing Gold Mines, Inc. (CGM) proposes to Friday, August 27, 1999 from 8:00 a.m. Operations; Lander County, Nevada extend gold mining operations at the to 12:00 noon, at the Bureau of Land Management Winnemucca Field Office, AGENCY: Pipeline Mine within the Gold Acres Bureau of Land Management, 5100 East Winnemucca Boulevard, Interior. Mining District in Lander County, approximately 30 miles southeast of Winnemucca, NV, in the main COOPERATING AGENCIES: Nevada Division conference room. If due to unforeseeable of Wildlife, U.S. Army Corps of Battle Mountain, Nevada. The South Pipeline Project (Proposed Action) problems this site is not available, the Engineers. would include an expansion of the meeting will be rescheduled. Public ACTION: Notice of availability of the existing open pit and waste rock comment will be received during the Draft Environmental Impact Statement disposal sites, and the development of course of the meeting, as determined by for the South Pipeline Project, Lander heap leach and ancillary facilities. The the subgroup leader. County, Nevada. Proposed Action would require surface FOR FURTHER INFORMATION CONTACT: disturbance of 4,450 acres, all of which SUMMARY: Pursuant to Section 102(2)(c) Terry Reed, Field Office Manager, of the National Environmental Policy is public land administered by the Bureau of Land Management. Mining Winnemucca Field Office, telephone Act of 1969 and 40 Code of Federal (775) 623–1500. Regulations 1500–1508 Council on operations are expected to occur seven- Environmental Quality Regulations, days-a-week, 24-hours-a-day, for an Dated: August 6, 1999 notice is hereby given of the availability additional 10 years (total life of 18 Terry A. Reed, for comment of the Draft Environmental years). Field Office Manager. Gerald M. Smith, Impact Statement, prepared by the [FR Doc. 99–20919 Filed 8–11–99; 8:45 am] Field Manager, Battle Mountain Field Office. Battle Mountain BLM, which analyzes BILLING CODE 4310±HC±U the environmental effects of the South [FR Doc. 99–20812 Filed 8–11–99; 8:45 am] Pipeline Project, the No Action BILLING CODE 4310±HC±P

VerDate 18-JUN-99 17:25 Aug 11, 1999 Jkt 183247 PO 00000 Frm 00068 Fmt 4703 Sfmt 4703 E:\FR\FM\12AUN1.XXX pfrm07 PsN: 12AUN1 Federal Register / Vol. 64, No. 155 / Thursday, August 12, 1999 / Notices 44043

DEPARTMENT OF THE INTERIOR DEPARTMENT OF THE INTERIOR resources such as fish and shellfish. The OCS Lands Act at 43 U.S.C. 1332(6) Bureau of Land Management Minerals Management Service states that ‘‘operations in the [O]uter Continental Shelf should be conducted Agency Information Collection [CO±930±4214±010; COC±61627] in a safe manner by well-trained Activities: Proposed Collection; personnel using technology, Comment Request Notice of Meeting on Proposed precautions, and techniques sufficient Withdrawal; Mt. Emmons Iron Bog/Fen; AGENCY: Minerals Management Service to prevent or minimize the likelihood of Colorado (MMS), Interior. blowouts, loss of well control, fires, ACTION: Notice of extension of a spillages, physical obstruction to other August 3, 1999. currently approved information users of the waters or subsoil and AGENCY: Bureau of Land Management, collection (OMB Control Number 1010– seabed, or other occurrences which may Interior. 0057). cause damage to the environment or to property, or endanger life or health.’’ ACTION: Notice of public meeting. SUMMARY: As part of its continuing effort The OCS Lands Act at 43 U.S.C. to reduce paperwork and respondent 1334(a)(8) also requires the Secretary to SUMMARY: This notice sets forth the burden, MMS invites the public and administer the provisions of this schedule and agenda for a forthcoming other Federal agencies to comment on a subchapter relating to the leasing of the meeting on the Forest Service proposal to extend the currently OCS, and prescribe such rules and withdrawal application for the Mt. approved collection of information regulations as may be necessary ‘‘for Emmons Iron Bog/Fen for protection of discussed below. The Paperwork compliance with the national ambient natural resource and scientific research Reduction Act of 1995 (PRA) provides air quality standards pursuant to the values near Crested Butte, Colorado. that an agency may not conduct or Clean Air Act (42 U.S.C. 7401 et seq.), This meeting will provide the sponsor, and a person is not required to to the extent that activities authorized opportunity for public involvement in respond to, a collection of information under this Act significantly affect the air this proposed action as required by unless it displays a currently valid quality of any State.’’ The OCS Lands regulation. All comments will be Office of Management and Budget Act Amendments at 43 U.S.C. 1843(b) considered when a final determination (OMB) control number. direct the Secretary to ‘‘establish is made on whether this land should be DATES: Submit written comments by regulations requiring all materials, withdrawn. October 12, 1999. equipment, tools, containers, and all other items used on the Outer ADDRESSES: Mail or hand carry DATES: Meeting will be held on Continental Shelf to be properly color September 15, 1999, at 7:00 p.m. All comments to the Department of the Interior; Minerals Management Service; coded, stamped, or labeled, wherever comments or requests to be heard practicable, with the owner’s should be received by close of business Attention: Rules Processing Team; Mail Stop 4024; 381 Elden Street; Herndon, identification prior to actual use.’’ on September 3, 1999, at the Colorado Regulations at 30 CFR 250, subpart C, Virginia 20170–4817. State Office. ‘‘Pollution, Prevention and Control’’ FOR FURTHER INFORMATION CONTACT: implement these statutory requirements. ADDRESSES: The meeting will be held at Alexis London, Rules Processing Team, We use the information collected and the Gunnison County Commissioners’ telephone (703) 787–1600. You may also records maintained under subpart C to Office, 200 East Virginia (Second Floor), contact Alexis London to obtain a copy ensure: Gunnison, Colorado 81230. of the collection of information at no • There is no threat of serious, FOR FURTHER INFORMATION CONTACT: cost. irreparable, or immediate damage to the Doris E. Chelius, BLM Colorado State SUPPLEMENTARY INFORMATION: marine environment and to identify Office, (303) 239–3706. Title: 30 CFR 250, Subpart C, potential hazards to commercial fishing Pollution Prevention and Control (1010– caused by OCS oil and gas exploration, SUPPLEMENTARY INFORMATION: The 0057). development, and production activities; Notice of Proposed Withdrawal for the Abstract: The Outer Continental Shelf • The location of items lost overboard Mt. Emmons Bog/Fen which was (OCS) Lands Act, 43 U.S.C. 1331 et seq., is recorded to aid in recovery by the published in the Federal Register on gives the Secretary of the Interior operator during site clearance activities November 16, 1998, (63 FR 63745), is (Secretary) the responsibility to on the lease; hereby modified to schedule a public preserve, protect, and develop oil and • Operations are conducted according meeting as provided by 43 U.S.C. 1714, gas resources in the OCS. This must be to all applicable regulations, permit and 43 CFR 2310. done in a manner that is consistent with conditions and requirements, and This meeting will be open to all the need to make such resources conducted in a safe and workmanlike interested persons; those who desire to available to meet the Nation’s energy manner; • be heard in person and those who desire needs as rapidly as possible; balance OCS oil and gas operations to submit written comments on this orderly energy resource development minimize air pollution of the OCS and subject. All comments and requests to with protection of the human, marine, adjacent onshore areas and comply with be heard should be submitted to the and coastal environments; ensure the the emission levels specified in the Colorado State Director, Bureau of Land public a fair and equitable return on the MMS Development and Production Plan resources of the OCS; and preserve and approval conditions; Management, 2850 Youngfield Street, • Lakewood, Colorado 80215–7093, by maintain free enterprise competition. A data baseline is established for September 3, 1999. The OCS Lands Act Amendments of the meteorological, oceanographic, and 1978 also gave the Secretary the sea-ice conditions in frontier areas of Jenny L. Saunders, responsibility to minimize or eliminate the OCS to determine that offshore Realty Officer. conflicts among the exploration, facilities and operational practices can [FR Doc. 99–20917 Filed 8–11–99; 8:45 am] development, and production of oil and withstand the expected environmental BILLING CODE 4310±JB±P natural gas and the recovery of other forces in an area;

VerDate 18-JUN-99 11:03 Aug 11, 1999 Jkt 183247 PO 00000 Frm 00069 Fmt 4703 Sfmt 4703 E:\FR\FM\A12AU3.169 pfrm07 PsN: 12AUN1 44044 Federal Register / Vol. 64, No. 155 / Thursday, August 12, 1999 / Notices

• Emissions from OCS activities are although this collection effort has also collecting information; monitoring, not significantly affecting the air quality been on hold. NTL No. 99-G03 sampling, drilling, and testing of any State adjacent to the OCS announced the start of this project on equipment; and record storage facilities. facilities/operations; January 1, 2000. The Offshore Operators Generally, your estimates should not • Discharge or disposal of drill Committee (OOC) has agreed to include equipment or services cuttings, sand, and other well solids, undertake this project. The OOC purchased: (i) Before October 1, 1995; including those containing naturally estimates this one-time data collection (ii) to comply with requirements not occurring radioactive materials, are effort will cost approximately associated with the information properly handled for the protection of $750,000.00, which will be expensed to collection; (iii) for reasons other than to OCS workers and the environment; and the affected OCS lessees. provide information or keep records for • Facilities are inspected daily for the Comments: We will summarize the Government; or (iv) as part of prevention of pollution and problems written responses to this notice and customary and usual business or private observed have been corrected. address them in our submission for practices. We will protect proprietary OMB approval. All comments will MMS Information Collection information submitted according to the become a matter of public record. As a Clearance Officer: Jo Ann Lauterbach, Freedom of Information Act; 30 CFR result of your comments and our (202) 208–7744. 250.118, ‘‘Data and information to be consultations with a representative Dated: August 6, 1999. made available to the public’; and 30 sample of respondents, we will make CFR Part 252, ‘‘OCS Oil and Gas any necessary adjustments to the burden John V. Mirabella, Information Program.’’ No items of a in our submission to OMB. In Acting Chief, Engineering and Operations sensitive nature are collected. calculating the burden, we assumed that Division. Responses are mandatory. respondents perform many of the [FR Doc. 99–20798 Filed 8–11–99; 8:45 am] Estimated Number and Description of requirements and maintain records in BILLING CODE 4310±MR±P Respondents: Approximately 130 the normal course of their activities. We Federal OCS sulphur or oil and gas consider these to be usual and lessees. customary and took that into account in DEPARTMENT OF THE INTERIOR Frequency: The frequency of reporting estimating the burden. is on occasion or monthly. (1) We specifically solicit your Minerals Management Service Estimated Annual Reporting and comments on the following questions: Agency Information Collection Recordkeeping ‘‘Hour’’ Burden: The (a) Is the proposed collection of Activities: Proposed Collection; currently approved annual hour burden information necessary for us to properly Comment Request for this collection is 149,510 hours, perform our functions, and will it be which averages 1,150 hours per useful? AGENCY: Minerals Management Service respondent. (b) Are the estimates of the burden (MMS), Interior. This burden includes a data collection hours of the proposed collection ACTION: Notice of extension of a effort for respondents to monitor reasonable? currently approved information emissions air quality and submit (c) Do you have any suggestions that collection (OMB Control Number 1010– monthly reports for a 1-year study of would enhance the quality, clarity, or 0059). selected in sites in the Breton National usefulness of the information to be Wildlife Refuge/Wilderness Area (BWA) collected? SUMMARY: As part of its continuing effort under §§ 250.303(k) and 250.304(g). (d) Is there a way to minimize the to reduce paperwork and respondent OMB previously approved the information collection burden on burden, MMS invites the public and information collection burden for this, respondents, including through the use other Federal agencies to comment on a however, the project has been on hold. of appropriate automated electronic, proposal to extend the currently We have now scheduled the effort to mechanical, or other forms of approved collection of information begin on January 1, 2000, as announced information technology? discussed below. The Paperwork in the Gulf of Mexico OCS Region’s (2) In addition, the PRA requires Reduction Act of 1995 (PRA) provides Notice to Lessees and Operators (NTL) agencies to estimate the total annual that an agency may not conduct or No. 99–G14. reporting and recordkeeping ‘‘cost’’ sponsor, and a person is not required to In addition, we will be requesting an burden to respondents or recordkeepers respond to, a collection of information increase in the annual burden for a 1- resulting from the collection of unless it displays a currently valid year data collection effort to monitor information. We need to know if you Office of Management and Budget ozone and regional haze air quality of have costs associated with the collection (OMB) control number. of this information for either total facilities in the Gulf of Mexico west of DATES: Submit written comments by ° ′ capital and startup cost components or 87 30 West longitude also beginning October 12, 1999. January 1, 2000. As announced in NTL annual operation, maintenance, and ADDRESSES: No. 99–G15, monitoring will be purchase of service components. Your Mail or hand carry monthly, with an annual report due the estimates should consider the costs to comments to the Department of the following March in 2001. We estimate generate, maintain, and disclose or Interior; Minerals Management Service; 285 additional annual burden hours per provide the information. You should Attention: Rules Processing Team; Mail respondent for this data collection describe the methods you use to Stop 4024; 381 Elden Street; Herndon, effort. estimate major cost factors, including Virginia 20170–4817. Estimated Annual Reporting and system and technology acquisition, FOR FURTHER INFORMATION CONTACT: Recordkeeping ‘‘Non-Hour Cost’’ expected useful life of capital Alexis London, Rules Processing Team, Burden: OMB previously approved the equipment, discount rate(s), and the telephone (703) 787–1600. You may also burden on lessees and operators of each period over which you incur costs. contact Alexis London to obtain a copy lease within 100 kilometers of the BWA Capital and startup costs include, of the collection of information at no to collect and report meteorological data among other items, computers and cost. under §§ 250.303(l) and 250.304(h), software you purchase to prepare for SUPPLEMENTARY INFORMATION:

VerDate 18-JUN-99 11:03 Aug 11, 1999 Jkt 183247 PO 00000 Frm 00070 Fmt 4703 Sfmt 4703 E:\FR\FM\A12AU3.013 pfrm07 PsN: 12AUN1 Federal Register / Vol. 64, No. 155 / Thursday, August 12, 1999 / Notices 44045

Title: 30 CFR 250, Subpart H, Oil and Frequency: The frequency of reporting collecting information; monitoring, Gas Production Safety Systems (1010– is on occasion or annual. sampling, drilling, and testing 0059). Estimated Annual Reporting and equipment; and record storage facilities. Abstract: The Outer Continental Shelf Recordkeeping ‘‘Hour’’ Burden: The Generally, your estimates should not (OCS) Lands Act, 43 U.S.C. 1331 et seq., currently approved annual hour burden include equipment or services gives the Secretary of the Interior for this collection is 2,900 hours, which purchased: (i) Before October 1, 1995; (Secretary) the responsibility to averages 22.5 hours per respondent. (ii) to comply with requirements not preserve, protect, and develop oil and Estimated Annual Reporting and associated with the information gas resources in the OCS. This must be Recordkeeping ‘‘Non-Hour Cost’’ collection; (iii) for reasons other than to done in a manner that is consistent with Burden: None identified. provide information or keep records for the need to make such resources Comments: We will summarize the Government; or (iv) as part of available to meet the Nation’s energy written responses to this notice and customary and usual business or private needs as rapidly as possible; balance address them in our submission for practices. orderly energy resource development OMB approval. All comments will MMS Information Collection with protection of the human, marine, become a matter of public record. As a Clearance Officer: Jo Ann Lauterbach, and coastal environments; ensure the result of your comments and our (202) 208–7744. consultations with a representative public a fair and equitable return on the Dated: August 4, 1999. resources of the OCS; and preserve and sample of respondents, we will make maintain free enterprise competition. any necessary adjustments to the burden E.P. Danenberger, in our submission to OMB. In The OCS Lands Act at 43 U.S.C. 1332(6) Chief, Engineering and Operations Division. states that ‘‘operations in the [O]uter calculating the burden, we assumed that respondents perform many of the [FR Doc. 99–20799 Filed 8–11–99; 8:45 am] Continental Shelf should be conducted BILLING CODE 4310±MR±P in a safe manner by well-trained requirements and maintain records in personnel using technology, the normal course of their activities. We precautions, and techniques sufficient consider these to be usual and to prevent or minimize the likelihood of customary and took that into account in DEPARTMENT OF JUSTICE blowouts, loss of well control, fires, estimating the burden. Notice of Lodging of Consent Decree spillages, physical obstruction to other (1) We specifically solicit your Pursuant to the Clean Water Act users of the waters or subsoil and comments on the following questions: (a) Is the proposed collection of seabed, or other occurrences which may information necessary for us to properly In accordance with the policy of the cause damage to the environment or to perform our functions, and will it be Department of Justice, 28 U.S.C. 50.7, property, or endanger life or health.’’ useful? notice is hereby given that a proposed Regulations at 30 CFR 250, subpart H, (b) Are the estimates of the burden consent decree in United States et al., v. ‘‘Oil and Gas Production Safety hours of the proposed collection County of Muskegon, Michigan, et al., Systems’’ implement these statutory reasonable? Civ. No. 1–97–CV–486, was lodged with requirements. We use the information (c) Do you have any suggestions that the United States District Court for the collected under subpart H to evaluate would enhance the quality, clarity, or Western District of Michigan, on July equipment and/or procedures that usefulness of the information to be 30, 1999. The action was brought by the lessees propose to use during collected? United States against the County of production operations. Information is (d) Is there a way to minimize the Muskegon, Michigan (‘‘Muskegon’’) also used to verify the no-flow condition information collection burden on under Section 309(b) and (d) of the of wells to continue the waiver of respondents, including through the use Clean Water Act (‘‘the Act’’), 33 U.S.C. requirements to install valves capable of of appropriate automated electronic, 1319(b) and (d), for injunctive relief and preventing backflow. The MMS mechanical, or other forms of assessment of civil penalties. The inspectors review the records information technology? Complaint alleged violations by maintained to verify compliance with (2) In addition, the PRA requires Muskegon of Section 301 of the Act, 33 testing and minimum safety agencies to estimate the total annual U.S.C. 1311, and the terms and requirements. reporting and recordkeeping ‘‘non-hour conditions of its National Pollutant In addition, in the Pacific OCS cost’’ burden to respondents or Discharge Elimination System Region, MMS reviews copies of the recordkeepers resulting from the (‘‘NPDES’’) Permits issued pursuant to Emergency Action Plans that lessees collection of information. We need to Section 402 of the Act, 33 U.S.C. 1342, and operators submit to their local air know if you have costs associated with and for violations of two administrative quality agencies to ensure that the collection of this information for orders issued to Muskegon by the U.S. abatement procedures do not jeopardize either total capital and startup cost Environmental Protection Agency safe platform operations. components or annual operation, pursuant to Section 309(a) of the Act, 33 We will protect proprietary maintenance, and purchase of service U.S.C. 1319(a), in connection with two information submitted according to the components. Your estimates should Publicly Owned Treatment Works Freedom of Information Act; 30 CFR consider the costs to generate, maintain, owned and operated by Muskegon. 250.118, ‘‘Data and information to be and disclose or provide the information. Under the proposed consent decree, made available to the public’’; and 30 You should describe the methods you Muskegon will pay $160,000 in civil CFR Part 252, ‘‘OCS Oil and Gas use to estimate major cost factors, penalties for past violations. In addition, Information Program.’’ No items of a including system and technology Muskegon will implement certain sensitive nature are collected. acquisition, expected useful life of remedial actions to effect compliance Responses are mandatory. capital equipment, discount rate(s), and with its NPDES permit requirements Estimated Number and Description of the period over which you incur costs. including: (1) measures to comply with Respondents: Approximately 130 Capital and startup costs include, the effluent discharge limits for fecal Federal OCS sulphur or oil and gas among other items, computers and coliform and total suspended solids lessees. software you purchase to prepare for from its Metro POTW; and (2) measures

VerDate 18-JUN-99 11:03 Aug 11, 1999 Jkt 183247 PO 00000 Frm 00071 Fmt 4703 Sfmt 4703 E:\FR\FM\A12AU3.014 pfrm07 PsN: 12AUN1 44046 Federal Register / Vol. 64, No. 155 / Thursday, August 12, 1999 / Notices to implement its Michigan-approved 7410, 7413, for violations at its glass DEPARTMENT OF JUSTICE industrial pretreatment program. recycling facility, located in Milwaukee, The Department of Justice will receive Wisconsin. Specifically, the complaint Antitrust Division comments relating to the proposed alleges that SMI has violated the Act consent decree for a period of 30 days and the requirements or prohibitions of United States v. Cargill, Incorporated from the date of this publication. the State Implementation Plan for the and Continental Grain Company; Comments should be addressed to the State of Wisconsin, promulgated Proposed Final Judgment and Assistant Attorney General of the pursuant to Section 110 of the Act, 42 Competitive Impact Statement Environment and Natural Resources U.S.C. 7410. The violations relate to Notice is hereby given pursuant to the Division, Department of Justice, particulate emissions, volatile organic Washington, DC 20530. All comments Antitrust Procedures and Penalties Act, compounds, operating without a permit, should refer to United States et al., v. 15 U.S.C. Section 16(b) through (h), that and violation of the opacity and record County of Muskegon, Michigan, et al. a proposed Final Judgment, Stipulation, D.J. Ref. 90–5–1–1–4382. keeping requirements of the permit. The and Competitive Impact Statement have The proposed consent decree may be settlement stipulation provides for been filed with the United States examined at : (1) the Office of the payment of $276,176, and also requires District Court for the District of United States Attorney for the Western defendant to erect and maintain fencing Columbia in United States of America v. District of Michigan, The Law Building, to provide a barrier for windblown Cargill, Inc. and Continental Grain 330 Ionia Avenue, NW, 5th Floor, Grand material associated with defendant’s Company, Civil Action No. 99–1875. Rapids, Michigan 49503, (616–456– glass recycling operations. The Complaint in this case alleged that 2404); (2) The United States The Department of justice will receive the proposed acquisition of Continental Environmental Protection Agency comments relating to the proposed Grain Company’s (Continental) (Region 5), 77 West Jackson Boulevard, settlement stipulation for a period of 30 worldwide commodity marketing Chicago, Illinois 60604–3590 (contact days from the date of this publication. business by Cargill, Inc. (Cargill) would Robert Thompson (312–353–6700)); Comments should be addressed to the substantially lessen competition for and, (3) the U.S. Department of Justice, Assistant Attorney General of the grain purchasing services to farmers and Environment and Natural Resources Environment and Natural Resources other suppliers in many areas in the Division Consent Decree Library, 120 G Division, Department of Justice, United States, and would increase the Street, NW, 3rd Floor, Washington, DC concentration of authorized delivery Washington, DC 20530. All comments 20005 (202–624–0892). A copy of the capacity for settlement of Chicago Board should refer to United States v. Strategic proposed consent decree may be of Trade corn and soybean futures obtained in person or by mail from the Materials, Inc., D.J. Ref. 90–5–2–1–2205. contracts, in violation of Section 7 of the Consent Decree Library, 1120 G Street, The proposed settlement stipulation Clayton Act, 15 U.S.C. § 18. The NW, 3rd Floor, Washington, DC 20005. may be examined at the office of the Complaint further alleged that the When requesting a copy, please refer to United States Attorney for the Eastern Covenant Not To Compete in the United States et al., v. County of District of Wisconsin, 517 East Purchase Agreement between the two Muskegon, Michigan, et al. D.J. Ref. 90– Wisconsin Ave., Milwaukee, Wisconsin companies is an unreasonable 5–1–1–4382, and enclose a check in the 53202; at the Region V office of the agreement in restraint of trade in amount of $8.25 for the consent decree Environmental Protection Agency, 77 violation of Section 1 of the Sherman only (33 pages at 25 cents per page West Jackson Blvd., Chicago, Illinois Act, 15 U.S.C. § 1. reproduction costs), or $24.50 for the 60604; and at the Consent Decree The proposed Final Judgment requires consent decree and all appendices (98 Library, 1120 G Street, NW, 3rd floor, Cargill to divest all of its property rights pages), made payable to the Consent Washington, DC 20005, 202–624–0892. in its port elevator in Seattle, Decree Library. A copy of the proposed settlement Washington and its river elevators in Joel M. Gross, stipulation may be obtained in person or East Dubuque and Morris, Illinois. The Chief, Environmental Enforcement Section, by mail from the Consent Decree proposed Final Judgment further Environment and Natural Resources Division. Library. In requesting a copy, please requires Continental to divest all of its [FR Doc. 99–20807 Filed 8–11–99; 8:45 am] enclose a check in the amount of $3.0 property rights in its river elevators at BILLING CODE 4410±15±M for the stipulation (25 cents per page Lockport, Illinois and Caruthersville, reproduction costs) payable to the Missouri, its rail elevators at Salina, Kansas and Troy, Ohio; and its port DEPARTMENT OF JUSTICE Consent Decree Library. When requesting a copy, please refer to United elevators at Beaumont, Texas, Stockton, Notice of Lodging of Settlement States v. Strategic Materials, Inc., D.J. California, and Chicago, Illinois. Cargill Stipulation Pursuant to The Clean Air Ref. 90–5–2–1–2205. is also required to enter into a Act ‘‘throughput agreement’’ to make one- Joel M. Gross, third of the loading capacity at its In accordance with the policy of the Chief, Environmental Enforcement Section, Havana, Illinois river elevator available Department of Justice, 28 CFR 50.7, Environment and Natural Resources Division. to an independent grain company. notice is hereby given that a proposed [FR Doc. 99–20808 Filed 8–11–99; 8:45 am] Cargill is prohibited from acquiring any Stipulation, Settlement Agreement, and BILLING CODE 4410±15±M interest in the facilities being divested Order in United States v. Strategic by Continental, or in the river elevator Materials, Inc., Civ. No. 99–C–0853, was at Birds Point, Missouri in which lodged with the United States District Continental previously held a minority Court for the Eastern District of interest. The proposed Final Judgment Wisconsin, on July 28th, 1999. That also makes Cargill subject to various action was brought against defendant restrictions if it seeks to enter into an pursuant to Sections 110 and 113 of the throughput agreement with the acquirer Clean Air Act (‘‘the Act’’), 42 U.S.C. of the Seattle port facility.

VerDate 18-JUN-99 17:25 Aug 11, 1999 Jkt 183247 PO 00000 Frm 00072 Fmt 4703 Sfmt 4703 E:\FR\FM\12AUN1.XXX pfrm07 PsN: 12AUN1 Federal Register / Vol. 64, No. 155 / Thursday, August 12, 1999 / Notices 44047

Public comment is invited within the paragraph 2 above, or if the proposed party with respect to any issue of law statutory 60-day comment period. Such Final Judgment is not entered pursuant of fact herein; comments, and responses thereto, to this Stipulation, or the time has And whereas, the defendants have which will be published in the Federal expired for all appeals of any Court agreed to be bound by the provisions of Register and filed with the Court. ruling declining entry of the proposed this Final Judgment pending its Comments, should be directed to: Roger Final Judgment, and the Court has not approval by the Court; Fones; Chief, Transportation, Energy, otherwise ordered continuing And whereas, prompt and certain and Agriculture Section, Antitrust compliance with the terms and divestiture of certain assets to third Division; U.S. Department of Justice, provisions of the proposed Final parties is the essence of this agreement; 325 Seventh Street, NW; Room 500; Judgment, this Stipulation shall be of no And whereas, the United States Washington, DC 20530 (telephone: (202) effect whatsoever, and the making of requires defendants to maker certain 307–6351). this Stipulation shall be without divestitures for the purpose of Constance K. Robinson, prejudice to any party in this or any remedying the loss of competition Director of Operations. other proceeding. alleged in the Complaint; And whereas, defendants have 7. Defendants represent that the Stipulation and Order represented to the United States that the divestitures ordered in the proposed divestitures required below can and will It is hereby stipulated by and between Final Judgment can and will be made, be made as provided in this Final the undersigned parties, by their and that defendants will raise no claim Judgment and that defendants will later respective attorneys, as follows: of hardship or difficulty as grounds for 1. The Court has jurisdiction over the raise no claims of hardship or difficulty asking the Court to modify any of the subject matter of this action and over as grounds for asking the Court to divestiture provisions contained each of the parties hereto, and venue of modify any of the divestiture provisions therein. this action is proper in the United States contained below; District Court for the District of Respectfully submitted, Now, Therefore, before the taking of Columbia. For Plaintiff United States of America any testimony, and without trial or 2. The parties stipulate that a Final Robert L. McGeorge, adjudication of any issue of fact or law Judgment in the form hereto attached Attorney, U.S. Department of Justice, herein, and upon consent of the parties may be filed and entered by the Court, Antitrust Division, 325 Seventh Street, N.W., hereto, it is hereby ordered, adjudged, upon the motion of any party or upon Suite 500, Washington, D.C. 20530, and decreed as follows: the Court’s own motion, at any time Telephone: (202) 307–6361, Facsimile (202) I. Jurisdiction after compliance with the requirements 307–2784. of the Antitrust Procedures and For Defendant Cargill, Incorporated This Court has jurisdiction over the Penalties Act (15 U.S.C. § 16), and subject matter of this action and over Marc G. Schildkraut without further notice to any party or each of the parties hereto. The other proceedings, provided that the Howrey & Simon, 1299 Pennsylvania Avenue, Complaint states a claim upon which plaintiff has not withdrawn its consent, N.W., Washington, DC 20004, Telephone: (202) 383–7448, Facsimile: (202) 383–6610. relief may be granted against the which it may do at any time before the defendants under Section 7 of the entry of the proposed Final Judgment by For Defendant Continental Grain Company Clayton Act, as amended (15 U.S.C. serving notice thereof on defendants Paul T. Denis, § 18). and by filing that notice with the Court. Swidler, Berlin Shereff Friedman, LLP, 3000 3. Defendants shall abide by and K Street, N.W.; Suite 300, Washington, DC II. Definitions comply with the provisions of the 20007–5116, Telephone: (202) 424–7810, As used in this Final Judgment: proposed Final Judgment pending entry Facsimile: (202) 424–7645. A. ‘‘Acquirer’’ means the person or of the Final Judgment by the Court, or Jack Quinn, persons to whom defendants shall until expiration of the time for all Arnold & Porter, 555 Twelfth Street, N.W., transfer the Assets (as defined in appeals of any Court ruling declining Washington, DC 20004, Telephone: (202) 942– subsection B). entry of the proposed Final Judgment, 5000, Facsimile: (202) 942–5999. B. ‘‘Assets’’ means all property rights and shall, from the date of the signing Dated: July 8, 1999. held by Cargill or Continental in the of this Stipulation by the parties, river, rail and port elevators defined in comply with all the terms and Order subsections C, F, H, J, L, M, Q, R, T and provisions of the proposed Final lll V. It is so ordered, this day of C. ‘‘Beaumont port elevator’’ means Judgment as though the same were in llllll, 1999. full force and effect as an order of the the port elevator operated by lllllllllllllllllllll Court. Continental at or near Beaumont, Texas, 4. This Stipulation shall apply with United States District Court Judge and all Related Assets. equal force and effect to any amended Final Judgment D. ‘‘Capacity’’ when used in proposed Final Judgment agreed upon connection with a grain elevator may be in writing by the parties and submitted Whereas plaintiff, the United States of based on the maximum number of to the Court. America (hereinafter ‘‘United States’’), bushels that can be stored in the facility 5. Defendants shall prepare and having filed its Complaint herein, and at any one time (storage capacity), or the deliver reports in the form required by defendants Cargill, Incorporated maximum number of bushels that can the provisions of Section VI.B of the (‘‘Cargill’’) and Continental Grain be moved through the facility over the proposed Final Judgment commencing Company (‘‘Continental’’), by their course of a designated unit of time no later than twenty (20) calendar days respective attorneys, having consented (throughput capacity). When one grain after the filing of this Stipulation, and to the entry of this Final Judgment company obtains the right to a certain every thirty (30) calendar days thereafter without trial or adjudication of any percentage of the capacity of the storage pending entry of the Final Judgment. issue of fact or law herein, and without or loading capacity at another grain 6. In the event that the plaintiff this Final Judgment constituting any company’s elevator pursuant to a withdraws its consent, as provided in evidence against or an admission by any throughput agreement or other

VerDate 18-JUN-99 11:03 Aug 11, 1999 Jkt 183247 PO 00000 Frm 00073 Fmt 4703 Sfmt 4703 E:\FR\FM\A12AU3.035 pfrm07 PsN: 12AUN1 44048 Federal Register / Vol. 64, No. 155 / Thursday, August 12, 1999 / Notices commercial arrangement, it obtains the stockholder interests; and contract IV. Divestiture of Assets right to the stipulated portion of total rights. A. Cargill is hereby ordered and storage or throughput capacity at the P. ‘‘Related Assets’’ means all real, directed, within five (5) months from facility, and not necessarily the personal and contract rights associated the date this Final Judgment is filed exclusive right to use a specific area in primarily with the operation of a with the Court, or five (5) calendar days that facility. particular river, rail or port elevator, after notice of the entry of this Final E. ‘‘Cargill’’ means defendant Cargill, including but not limited to: all bins, Judgment by the Court, whichever is Incorporated, and includes its silos and other grain storage facilities; later, to divest all of its property rights successors and assigns, their all improvements and equipment used in the East Dubuque river elevator and subsidiaries, divisions, groups, for handling, receiving, unloading, Morris river elevator to an Acquirer partnerships and joint ventures, weighing, sampling, grading, elevating, acceptable to the United States in its affiliates, directors, officers, managers, storing, drying, conditioning and sole discretion. It is hereby ordered and agents and employees. loading grain; all of the real property on directed, within six (6) months from the F. ‘‘Caruthersville river elevator’’ which the facility is located; all date this Final Judgment is filed with means the river elevator operated by inventory, accounts receivable, the Court, or five (5) calendar days after Continental at or near Caruthersville, pertinent correspondence, files, notice of the entry of this Final Missouri, and all Related Assets. customer lists and information and Judgment by the Court, whichever is G. ‘‘Continental’’ means defendant advertising materials relating to the later, to divest all of its property rights Continental Grain Company and facility; and all assignable contract in the Seattle port elevator to an includes its successors and assigns, rights specific to a facility with Acquirer acceptable to the United States their subsidiaries, divisions, groups, suppliers, customers and transportation in its sole discretion. The United States, partnerships and joint ventures, firms for that specific facility. in its sole discretion, may agree to an Q. ‘‘Salina rail elevator’’ means the affiliates, directors, officers, managers, extension of the time period, and shall elevator with outbound rail capability agents and employees. notify the Court in such circumstances. (also known as ‘‘Salina East’’) operated H. ‘‘Chicago port elevator’’ means the B. Notwithstanding Section IV.A, the by Continental at or near Salina, Kansas, river elevator operated by Continental Acquirer of the Seattle port elevator may (also known as ‘‘Chicago B’’) at or near and all Related Assets. R. ‘‘Seattle port elevator’’ means the enter into a Standard Throughput Chicago, Illinois, and all Related Assets. Agreement with Cargill, or any joint I. ‘‘Divest’’ means to sell or transfer a port elevator operated by Cargill at or near Seattle, Washington (commonly venture involving the Tacoma elevator defendant’s rights in property that it to which Cargill is a party (the ‘‘Cargill owns, or to assign or sublease a referred to as ‘‘Pier 86’’), and all Related Assets. Joint Venture’’), provided that: (1) the defendant’s rights in property that it Acquirer has no interest in Cargill or the leases or rents. S. ‘‘Standard Throughput Agreement’’ means an agreement that allows one Cargill Joint Venture; (2) the throughput J. ‘‘East Dubuque river elevator’’ agreement gives Cargill or the Cargill means the river elevator operated by grain company to move its grain through an elevator operated by another person, Joint Venture no more rights concerning Cargill at or near East Dubuque, Illinois, the operations of the facility than are and all Related Assets. with unloading, storage, loading and ancillary services provided by the commonly granted to sublessees in K. ‘‘Grain’’ means corn, wheat and operator pursuant to terms, conditions Standard Throughput Agreements; (3) other grains, and soybeans and other and rates that are common in the grain and Cargill or the Cargill Joint Venture oilseeds, in their unprocessed, industry. obtains continuing rights to move no commodity form. T. ‘‘Stockton port elevator’’ means the more than 8.5 million bushels of grain L. ‘‘Lockport river elevator’’ means port elevator operated by Continental at and oilseeds combined in any given the river elevator operated by or near Stockton, California, and all month through the Seattle port elevator. Continental at or near Lockport, Illinois, Related Assets. C. Notwithstanding Section IV.A and and all Related Assets. U. ‘‘Tacoma port elevator’’ means the IV.B, Cargill need not divest the Seattle M. ‘‘Morris river elevator’’ means the port elevator operated by Continental at port elevator if it does not buy, lease or river elevator operated by Cargill at or or near Tacoma, Washington. otherwise acquire an interest in near Morris, Illinois, and all Related V. ‘‘Troy rail elevator’’ means the Continental’s port elevator at or near Assets. elevator with outbound rail capability Tacoma, Washington. N. ‘‘Person’’ means any natural operated by Continental at or near Troy, D. Continental is hereby ordered and person, corporation, association, firm or Ohio, and all Related Assets. directed, within five (5) months from other business or legal entity. the date this Final Judgment is filed O. ‘‘Property rights’’ means all legal III. Applicability with the Court, or five (5) calendar days rights possessed by defendants relating A. The provisions of this Final after notice of the entry of this Final primarily to the use, control or Judgment apply to the defendants, their Judgment by the Court, whichever is operation of a specific river, rail or port successors and assigns, their later, to divest all of its property rights elevator, including but not limited to: subsidiaries, affiliates, directors, in the Lockport river elevator, fee simple ownership rights, easements officers, managers, agents, and Caruthersville river elevator, Salina rail and all other real property rights for employees, and all other persons in elevator, Troy rail elevator, Beaumont land, improvements and fixtures owned active concert or participation with any port elevator, Stockton port elevator and by that defendant; leasehold and rental of them who shall have received actual Chicago port elevator to an Acquirer rights for facilities that are leased or notice of this Final Judgment by acceptable to the United States in its rented to that defendant, including all personal service or otherwise. sole discretion. The United States, in its renewal or option rights; personal B. The pertinent defendant shall sole discretion, may agree to an property ownership rights for require, as a condition of the divestiture extension of the time period, and shall equipment and other personal property of the Assets, that the Acquirer agree to notify the Court in such circumstances. owned by that defendant and used in be bound by the provisions of this Final E. Unless the United States consents the operation of those facilities; Judgment. in writing, the divestiture pursuant to

VerDate 18-JUN-99 11:03 Aug 11, 1999 Jkt 183247 PO 00000 Frm 00074 Fmt 4703 Sfmt 4703 E:\FR\FM\A12AU3.037 pfrm07 PsN: 12AUN1 Federal Register / Vol. 64, No. 155 / Thursday, August 12, 1999 / Notices 44049

Section IV or by trustee appointed pertinent defendant shall permit purposes unrelated to futures contract pursuant to Section V of this Final prospective purchasers of the Assets to deliveries, as well as to make deliveries Judgment, shall include the entire have reasonable access to personnel and under CBOT futures contracts. Cargill Assets defined above (as qualified by to make such inspection of physical shall not be obligated by this Final Section IV.B and IV.C). Divestiture shall facilities and any and all financial, Judgment to provide storage services to be accomplished in such a way as to operational, or other documents and the third party in excess of the storage satisfy the United States, in its sole information customarily provided as services required to accommodate the discretion, that the Assets can and will part of a due diligence process. transloading of grain shipments from be operated by the Acquirer as a viable, G. Defendants shall not interfere with trucks to barges. Cargill’s load-out fees, ongoing business. Divestiture of the any negotiations by the Acquirer to and its fees for any storage services that Assets, whether pursuant to Section IV employ any employee whose primary Cargill elects to provide for storage in or Section V of this Final Judgment, responsibility involves the use of the excess of twenty-four hours from the shall be made to an Acquirer for whom Assets. time of truck unload to barge loading, it is demonstrated to the sole H. Defendants shall take all may not exceed the load-out fees and satisfaction of the United States that: (1) reasonable steps to accomplish the daily storage rates published in the purchase is for the purpose of using prompt divestitures contemplated by applicable CBOT tariffs. the Asset to compete effectively in the this Final Judgment. Defendants shall As part of the Havana Throughput grain business, (2) the Acquirer has the not take any action other than in the Agreement, any dispute or disagreement managerial, operational, and financial ordinary course of business that will between Cargill and the third party capability to use the Asset to compete impede in any way the operation of the arising from or relating to the effectively in the grain business; and (3) Assets. throughput agreement or the third none of the terms of any agreement I. Cargill shall not purchase, lease or party’s use of Cargill’s loading capacity between the Acquirer and defendant(s) acquire any interest in the Lockport at Havana shall be submitted, governed, give defendant(s) the ability river elevator, Caruthersville river and resolved in accordance with the elevator, Salina rail elevator, Troy rail unreasonably to raise the Acquirer’s arbitration rules of the CBOT to the elevator, Beaumont port elevator, costs, to lower the Acquirer’s efficiency, extent such dispute or disagreement Stockton port elevator or Chicago port or otherwise to interfere in the ability or falls within the jurisdiction of the CBOT elevator, or any interest in the river incentive of the Acquirer to compete Arbitration Committees. To the extent elevator at or near Birds Point, Missouri effectively. Moreover, the United States such dispute or disagreement does not (in which Continental formerly owned a must be satisfied, in its sole discretion, fall within CBOT jurisdiction, such minority interest, and had a right of first that any Standard Throughput dispute or disagreement shall be refusal to purchase grain). If another Agreement that may be negotiated submitted, governed and resolved in firm acquires the Tacoma port elevator between Cargill or the Cargill Joint accordance with the arbitration rules of pursuant to a right of first refusal (and Venture and the Acquirer of the Seattle the National Grain and Feed Cargill therefore retains the Seattle port Association, or other arbitration body port elevator: (1) would leave the elevator), Cargill shall not subsequently Acquirer with sufficient capacity for it that is mutually agreed upon by Cargill purchase or lease the Tacoma port and the third party. Cargill shall abide to be a viable and effective competitor elevator. If another firm acquires the for the purchase of corn and soybeans by the decisions of such arbitrators. Tacoma port elevator pursuant to a right Cargill shall enter into the Havana in the Pacific Northwest draw area; and of first refusal, Cargill shall not Throughput Agreement within five (5) (2) would not adversely affect the subsequently acquire any other interest months from the date this Final Acquirer’s ability or incentives to in that facility (including a joint venture Judgment is filed with the Court, or five compete vigorously for the origination interest) without the written consent of (5) calendar days after notice of the of corn and soybeans in the Pacific the United States. entry of this Final Judgment by the Northwest draw area, by raising the J. Cargill shall enter into a throughput Court, whichever is later. The United Acquirer’s costs, lowering its efficiency, 1 agreement that makes one-third ( ⁄3) of States, in its sole discretion, may agree or otherwise interfering in the ability or the daily loading capacity at its river to an extension of the time period, and incentive of the Acquirer to compete elevator located at or near Havana, shall notify the Court in such effectively. Illinois, or one barge-load per day, circumstances. If Cargill has not entered F. In accomplishing the divestiture whichever is greater, to an independent into a Havana Throughput Agreement ordered by this Final Judgment, grain company acceptable to the United within this time period, a trustee shall defendants shall make known, by usual States in its sole discretion (the ‘‘Havana be appointed to satisfy this requirement and customary means, the availability of Throughput Agreement’’). Daily loading pursuant to the same conditions as are the Assets. Defendants shall provide any capacity shall be the capacity registered set forth in Section V. person making inquiry regarding a with the CBOT. The independent grain possible purchase a copy of the Final company that obtains the throughput V. Appointment of Trustee Judgment. The pertinent defendant shall right from Cargill (the ‘‘third party’’) A. In the event that Cargill has not also offer to furnish to any prospective must be qualified under CBOT rules and divested the East Dubuque river purchaser, subject to customary regulations to make delivery of at least elevator, Morris river elevator or Seattle confidentiality assurances, all one barge-load of corn and soybeans per port elevator, or entered in the Havana information regarding the Assets day for the settlement of CBOT corn and Throughput Agreement, to the extent customarily provided in a due diligence soybean futures contracts, and must required by Section IV of the Final process, except such information subject agree to register that capacity at the Judgment within the time period to attorney client privilege or attorney Havana facility with the CBOT. specified therein, or that Continental work product privilege. The pertinent The Havana Throughput Agreement has not divested the Lockport river defendant shall make available such shall allow the third party to use its elevator, Caruthersville river elevator, information to the United States at the share of the loading capacity at the Salina rail elevator, Troy rail elevator, same time that such information is Havana facility to transload grain from Beaumont port elevator, Stockton port made available to any other person. The trucks onto barges for commercial elevator or Chicago port elevator, to the

VerDate 18-JUN-99 11:03 Aug 11, 1999 Jkt 183247 PO 00000 Frm 00075 Fmt 4703 Sfmt 4703 E:\FR\FM\A12AU3.039 pfrm07 PsN: 12AUN1 44050 Federal Register / Vol. 64, No. 155 / Thursday, August 12, 1999 / Notices extend required by Section IV of the D. The pertinent defendant shall use reports shall not be filed in the public Final Judgment, within the time period its best efforts to assist the trustee in docket of the Court. The trustee shall at specified, it shall notify the United accomplishing the required divestiture, the same time furnish such report to the States of that fact in writing. In that including their best efforts to effect all parties, who shall each have the right to event, and upon application of the regulatory approvals and its best efforts be heard and to make additional United States, the Court shall appoint a to obtain any necessary consent of any recommendations consistent with the trustee selected by the United States to persons from whom they lease the purpose of the trust. The Court shall effect the divestiture of the Assets. Until Assets. The trustee and any consultants, thereafter enter such orders as it shall such time as a trustee is appointed, accountants, attorneys, and other deem appropriate in order to carry out defendants shall continue their efforts to persons retained by the trustee shall the purpose of the Final Judgment, effect the divestiture as specified in have full and complete access to the which may, if necessary, include Section IV. personnel, books, records, and facilities extending the trust and the term of the B. After the appointment of a trustee of, and relating to, the Assets, and the trustee’s appointment by a period becomes effective, only the trustee shall pertinent defendant shall develop requested by the United States. have the right to divest the Assets. The financial or other information relevant VI. Notification trustee shall have the power and to such Assets customarily provided in authority to accomplish the divestiture a due diligence process as the trustee A. Within two (2) business days at the best price then obtainable upon a may reasonably request, subject to following execution of a definitive agreement with respect to any of the reasonable effort by the trustee, subject reasonable protection for trade secret or Assets, the pertinent defendant or the to the provisions of Sections IV, V and other confidential research, trustee, whichever is then responsible VIII of this Final Judgment, and shall development, or commercial for effecting the divestiture required have such other powers as the Court information. Defendants shall take no herein, shall notify the United States of shall deem appropriate. Subject to action to interfere with or to impede the any proposed divestiture required by Section V.C. of this Final Judgment, the trustee’s accomplishment of the Section IV or V of this Final Judgment. trustee shall have the power and divestiture. The pertinent defendant If the trustee is responsible, it shall authority to hire at the cost and expense shall permit any prospective Acquirer of similarly notify the pertinent defendant. of defendants any investment bankers, the Assets to have reasonable access to personnel and to make such inspection The notice shall set forth the details of attorneys, or other agents reasonably the proposed transaction and list the of physical facilities and any and all necessary in the judgment of the trustee name, address, and telephone number of financial, operational, or other to assist in the divestiture, and such each person not previously identified documents and other information as professionals and agents shall be solely who offered to, or expressed an interest may be relevant to the divestitures accountable to the trustee. The trustee in or desire to, acquire any ownership required by this Final Judgment. shall have the power and authority to interest in the Assets, together with full accomplish the divestiture at the earliest E. After its appointment, the trustee details of the same. Within fifteen (15) possible time to a purchaser acceptable shall file monthly reports with the calendar days after receipt of the notice, to the United States in its sole parties and the Court setting forth the the United States may request from the discretion, and shall have such other trustee’s efforts to accomplish the pertinent defendant, the proposed powers as this Court shall deem divestiture ordered under this Final purchaser, or any third party additional appropriate. Defendants shall not object Judgment; provided, however, that to information concerning the proposed to a sale by the trustee on any grounds the extent such reports contain divestiture, the proposed purchaser, and other than the trustee’s malfeasance. information that the trustee deems any other potential purchaser. The Any such objections by defendants must confidential, such reports shall not be pertinent defendant or the trustee shall be conveyed in writing to the United filed in the public docket of the Court. furnish the additional information States and the trustee within ten (10) Such reports shall include the name, within fifteen (15) calendar days of the calendar days after the trustee has address, and telephone number of each receipt of the request. Within thirty (30) provided the notice required under person who, during the preceding calendar days after receipt of the notice Section VI of this Final Judgment. month, made an offer to acquire, or within twenty (20) calendar days C. The trustee shall serve at the cost expressed an interest in acquiring, after receipt of the additional and expense of the pertinent defendant, entered into negotiations to acquire, or information by the United States, on such terms and conditions as the was contacted or made an inquiry about whichever is later, the United States Court may prescribe, and shall account acquiring, any interest in the Assets, shall notify in writing the pertinent for all monies derived from the sale of and shall describe in detail each contact defendant and the trustee, if there is the Assets sold by the trustee and all with any such person during that one, whether or not it objects to the costs and expenses so incurred. After period. The trustee shall maintain full proposed divestiture. If the United approval by the Court of the trustee’s records of all efforts made to divest the States notifies in writing the pertinent accounting, including fees for its Assets. If the trustee has not defendant and the trustee, if there is services and those of any professionals accomplished such divestiture within one, that it does not object, then the and agents retained by the trustee, all six (6) months after its appointment, the divestiture may be consummated, remaining money shall be paid to the trustee shall thereupon promptly file subject only to the pertinent defendant’s pertinent defendant and the trust shall with the Court a report setting forth (1) limited right to object to the sale under then be terminated. The compensation the trustee’s efforts to accomplish the Section V.B. Absent written notice that of such trustee and that of any required divestiture, (2) the reasons, in the United States does not object to the professionals and agents retained by the the trustee’s judgment, why the required proposed purchaser or upon objection trustee shall be reasonable and based on divestiture has not been accomplished, by the United States, a divestiture a fee arrangement providing the trustee and (3) the trustee’s recommendations; proposed under Section IV or V may not with an incentive based on the price provided, however, that to the extent be consummated. Upon objection by a and terms of the divestiture and the such reports contain information that defendant under Section V.B., the speed with which it is accomplished. the trustee deems confidential, such proposed divestiture under Section V

VerDate 18-JUN-99 11:03 Aug 11, 1999 Jkt 183247 PO 00000 Frm 00076 Fmt 4703 Sfmt 4703 E:\FR\FM\A12AU3.040 pfrm07 PsN: 12AUN1 Federal Register / Vol. 64, No. 155 / Thursday, August 12, 1999 / Notices 44051 shall not be accomplished unless Throughput Agreement required by approval, a replacement acceptable to approved by the Court. Section IV.J, have been accomplished: the United States within ten (10) B. Twenty (20) calendar days from the A. Subject to force majeure, working days. Should defendants fail to date of the filing of this Final Judgment, defendants shall: (1) Take all steps appoint a replacement acceptable to the and every thirty (30) calendar days necessary to assure that the Assets and United States within ten (10) working thereafter until the divestiture has been Cargill’s Havana river elevator are days, the United States may appoint a completed under Section IV or V, each maintained as separate, distinct and replacement. defendant shall deliver to the United salable assets; and extend all reasonable D. Defendants shall take no action States a written affidavit as to the fact efforts to maintain these facilities in a that would interfere with the ability of and manner of compliance with Section condition that makes them usable as any trustee appointed pursuant to the IV or V of this Final Judgment. Each grain elevators; (2) not sell, assign, Final Judgment to complete the such affidavit shall include, for each transfer, or otherwise dispose of theses divestiture pursuant to the Final person who during the preceding thirty facilities, or pledge them as collateral Judgment to a suitable Acquirer. (30) calendar days made an offer, for loans, except in accordance with the E. Continental shall operate the expressed an interest or desire to Final Judgment; (3) take all steps Lockport river elevator, Caruthersville acquire, entered into negotiations to necessary to preserve these facilities in river elevator, Troy rail elevator, acquire, or made an inquiry about a state of repair equal to their current Beaumont port elevator, Stockton port acquiring any ownership interest in all state of repair, ordinary wear and tear elevator and Chicago port elevator or any portion of the Assets, the name, excepted; (4) take all steps necessary to independently from and in competition address, and telephone number of that preserve the documents, books, with Cargill. Defendants shall not person and a detailed description of customers lists and records relating to implement any non-compete agreements each contact with that person during these facilities; (5) refrain from taking until all of the Assets have been that period. Each such affidavit shall any actions that would jeopardize the divested. The term of any such non- also include a description of the efforts sales of these facilities; and (6) continue compete agreement shall not be more to operate these facilities as grain that the pertinent defendant has taken to than three (3) years. elevators. Notwithstanding the solicit an Acquirer for the relevant foregoing: (a) if Continental’s lease of IX. Compliance Inspection Assets and to provide required the Salina rail elevator expired on or For the purpose of determining or information to prospective Acquirers before April 30, 1999 and was not securing compliance with this Final including the limitations, if any, on renewed, that facility shall not be Judgment, and subject to any legally such information. Assuming that the subject to this section of the Final recognized privilege, from time to time: information set forth in the affidavit is Judgment, and (b) if Cargill’s lease of the A. Duly authorized representatives of true and complete, any objection by the East Dubuque river elevator expires the United States, including consultants United States to the information prior to divestiture, Cargill shall not and other persons retained by the provided by the defendants, including thereafter be subject to the provisions of United States, shall, upon the written limitations of information, shall be this section if it has offered to extend request of the Assistant Attorney made within fourteen (14) calendar days the lease at rates and conditions General in charge of the Antitrust of receipt of such affidavit. Until one substantially similar to the rates and Division, and on reasonable notice to year after each defendant has completed conditions in its current lease, and the defendants made to their principal such divestitures, that defendant shall lessor has rejected that offer. offices, be permitted: maintain full records of all efforts made B. Except in the ordinary course of 1. access during office hours to to divest all or any portion of the Assets. business or as is otherwise consistent inspect and copy all books, ledgers, VII. Financing with this Final Judgment, defendants accounts, correspondence, memoranda, shall not hire and shall not transfer or and other records and documents in the Defendants shall not finance all or terminate, or alter, to the detriment of possession or under the control of any part of any purchase of the Assets any employee, any current employment defendants, which may have counsel made pursuant to Section IV or V of this or salary agreements for any employees present, relating to any matter contained Final Judgment. With respect to Assets who on June 24, 1999 worked at any of in this Final Judgment; and leased by a defendant, however, the the Assets, unless such individual has a 2. subject to the reasonable pertinent will not violate this condition written offer of employment from a convenience of defendants and without if: (1) The lessor holds the pertinent third party for a like or better position. restraint or interference from them, to defendant responsible for lease C. Until such time as the Assets are interview either informally or on the payments under an assignment or divested: William F. Winnie shall record, directors, officers, employees, sublease of the defendant’s leasehold manage the Beaumont port elevator, and agents of defendants, which may interests; or (2) the pertinent defendant Caruthersville river elevator, Chicago have counsel present, regarding any makes up any shortfall between its lease port elevator, Lockport river elevator, such matters. payment obligations and the lease Stockton port elevator and Troy rail B. Upon the written request of the payments negotiated by the person to elevator; Peter Reed shall manage the Assistant Attorney General in charge of whom it assigns or subleases its East Dubuque river elevator; Sharon the Antitrust Division, made to leasehold interests. Spies shall manage the Morris river defendants at their principal offices, elevator; and Donald Vogt shall manage VIII. Hold Separate and Preservation of defendants shall submit written reports, the Seattle port elevator. These Assets Requirements under oath if requested, with respect to individuals shall have complete any of the matters contained in this Unless otherwise indicated, from the managerial responsibility for the Assets, Final Judgment as may be requested. date of filing of this proposed Final subject to the provisions of the Final C. No information nor any documents Judgment with the Court and until the Judgment. In the event that these obtained by the means provided in divestitures required by Sections IV.A, individuals are unwilling or unable to Sections VIII or IX shall be divulged by IV.D and/or V of the Final Judgment, perform these duties, defendants shall any representative of the United States and the execution of the Havana appoint, subject to the United States’ to any person other than a duly

VerDate 18-JUN-99 11:03 Aug 11, 1999 Jkt 183247 PO 00000 Frm 00077 Fmt 4703 Sfmt 4703 E:\FR\FM\A12AU3.042 pfrm07 PsN: 12AUN1 44052 Federal Register / Vol. 64, No. 155 / Thursday, August 12, 1999 / Notices authorized representative of the Incorporated (‘‘Cargill’’) of the five (5) months after the filing of the Executive Branch of the United States, Commodity Marketing Group of proposed Final Judgment or within five except in the course of legal proceedings Continental Grain Company (5) calendar days after notice of entry of to which the United States is a party (‘‘Continental’’) would violate Section 7 the Final Judgment, whichever is later. (including grand jury proceedings), or of the Clayton Act, 15 U.S.C. § 18. The The proposed Final Judgment also for the purpose of securing compliance Complaint alleges that Cargill is the requires defendant Cargill to enter into with this Final Judgment, or as second largest grain trader in North a ‘‘throughput agreement’’—an otherwise required by law. America, and that, until recently, agreement providing for one grain trader D. If at the time information or Continental was the third largest grain to lease elevator capacity from documents are furnished by a defendant trader in North America. The Complaint another—to make one-third of the to the United States, such defendant alleges that if the acquisition is loading capacity at its Havana, Illinois represents and identifies in writing the permitted to proceed, it will river elevator available to an material in any such information or substantially lessen competition for independent grain company, within five documents for which a claim of grain purchasing services to farmers and (5) months after the filing of the protection may be asserted under Rule other suppliers in a number of areas in proposed Final Judgment or within five 26(c)(7) of the Federal Rules of Civil the United States in violation of Section (5) calendar days after notice of entry of Procedure, and defendant marks each 7 of the Clayton Act, 15 U.S.C. § 18. The the Final Judgment, whichever is later. pertinent page of such material, Complaint further alleges that unless the In addition, the proposed Final ‘‘Subject to claim of protection under acquisition is enjoined, many American Judgment prohibits defendant Cargill Rule 26(c)(7) of the Federal Rules of farmers and other suppliers likely will from acquiring any interest in the Civil Procedure,’’ then the United States receive lower prices for their grain and facilities to be divested by Continental, shall give ten (10) calendar days’ notice oilseed crops, including corn, soybeans, or the river elevator at Birds Point, to defendant prior to divulging such and wheat (collectively referred to as Missouri, in which Continental until material in any legal proceeding (other ‘‘grain’’). The request for relief in the recently had held a minority interest. than a grand jury proceeding) to which Complaint seeks: (1) Preliminary and The proposed Final Judgment also defendant is not a party. permanent injunctive relief preventing makes defendant Cargill subject to the consummation of the transaction; various restrictions in the event it seeks X. Retention of Jurisdiction and (2) such other relief as is proper. to enter into a throughput agreement Jurisdiction is retained by this Court When the Complaint was filed, the with the acquirer of the Seattle port for the purpose of enabling any of the United States also filed a proposed facility. parties to this Final Judgment to apply consent decree (‘‘Final Judgment’’) that If the defendants should fail to to this Court at any time for such further would permit Cargill to complete its accomplish the divestitures or to enter orders and directions as may be acquisition of Continental’s commodity into a Havana throughput agreement necessary or appropriate for the marketing business, but requires within the prescribed time periods, a construction, implementation, or divestitures and other relief that would trustee appointed by the Court would be modification of any of the provisions of preserve competition for grain empowered to divest these assets or this Final Judgment, for the enforcement purchasing services to farmers and other otherwise satisfy the Havana throughput of compliance herewith, and for the suppliers in a number of areas in the requirement. punishment of any violations hereof. United States.1 The proposed Final The plaintiff and defendants have stipulated that the proposed Final XI. Termination of Provisions Judgment orders defendant Cargill to divest all of its property rights in the Judgment may be entered after Unless this Court grants an extension, river elevators located in East Dubuque, compliance with the APPA. Entry of the this Final Judgment will expire on the Illinois and Morris, Illinois within five proposed Final Judgment would tenth anniversary of the date of its entry. (5) months after the filing of the terminate this action, except that the XII. Public Interest proposed Final Judgment or within five Court would retain jurisdiction to (5) calendar days after notice of entry of construe, modify, or enforce the Entry of this Final Judgment is in the the Final Judgment, whichever is later. provisions of the proposed Final public interest. The proposed Final Judgment also Judgment and to punish violations Dated: July ll, 1999. orders defendant Cargill to divest all of thereof. Court approval subject to procedures its property rights in the Seattle port II. Events Giving Rise to the Alleged of Antitrust Procedures and Penalties elevator within six (6) months after the Violations Act, 15 U.S.C. § 16. filing of the proposed Final Judgment or A. The Defendants and the Proposed lllllllllllllllllllll within five (5) calendar days after notice of entry of the Final Judgment, Transaction United States District Judge whichever is later. The proposed Final Cargill is a Delaware corporation with Competitive Impact Statement Judgment orders defendant Continental its principal place of business in The United States, pursuant to to divest all of its property rights in the Minnetonka, Minnesota. It is the second Section 2(b) of the Antitrust Procedures river elevators located at Lockport, largest grain trader in North America. and Penalties Act (‘‘APPA’’), 15 U.S.C. Illinois and Caruthersville, Missouri, the Continental is a Delaware corporation § 16(b)–(h), files this Competitive rail elevators located at Salina, Kansas with its principal place of business in Impact Statement relating to the and Troy, Ohio, and the port elevators New York City, New York. It was, as proposed Final Judgment submitted for located at Beaumont, Texas, Stockton, recently as 1997, North America’s third entry in this civil antitrust proceeding. California, and Chicago, Illinois within largest grain trader. The defendants are also the first and third largest U.S. grain I. Nature and Purpose of the Proceeding 1 Cargill and Continental entered into a exporters, collectively exporting Stipulation (filed contemporaneously with the Final On July 8, 1999, the United States Judgment) in which they agreed to be bound by the approximately 40 percent of all U.S. filed a civil antitrust Complaint alleging proposed final Judgment pending final agricultural commodities. Both Cargill that the proposed acquisition by Cargill, determination by the Court. and Continental purchase grain and

VerDate 18-JUN-99 11:03 Aug 11, 1999 Jkt 183247 PO 00000 Frm 00078 Fmt 4703 Sfmt 4703 E:\FR\FM\A12AU3.045 pfrm07 PsN: 12AUN1 Federal Register / Vol. 64, No. 155 / Thursday, August 12, 1999 / Notices 44053 other crops from farmers, brokers, and each constitutes a relevant product • Rail and River Elevators. Cargill elevator operators throughout the market and a line of commerce within and Continental compete for the United States. the meaning of the Clayton Act. purchase of grain from captive suppliers On October 9, 1998, Cargill and The draw area for a country, river, located near their rail elevators in Continental entered into an agreement rail, or port elevator is the geographic Salina, Kansas and Troy, Ohio, and their entitled ‘‘Purchase Agreement’’ under area from which the facility receives river elevators in the vicinity of Morris, which Cargill agreed to purchase grain. The draw area of one grain Illinois, Lockport, Illinois, Dubuque, Continental’s Commodity Marketing company’s country, river, rail or port Iowa/East Dubuque, Illinois, and New Group. elevator will overlap the draw area of a Madrid/Caruthersville, Missouri. B. The Grain Purchasing Market competitor’s elevator if their facilities According to the Complaint, if Cargill are relatively close to each other—and were allowed to acquire the Continental Grain traders such as Cargill and the cost of shipping grain from the facilities that purchase grain in these Continental operate extensive grain producer to both elevators is captive draw areas, it would be in a distribution networks, which facilitate comparable. Cargill and Continental position unilaterally, or in coordinated the movement of grain from farms to operate a number of facilities with interaction with the few remaining domestic consumers of these overlapping draw areas, and therefore competitors, to depress prices paid to commodities and to foreign markets. compete with one another in a number farmers and other suppliers, because Country elevators are often the first of markets for the purchase of wheat, transportation costs would preclude stage of the grain distribution system, corn, and soybeans from the same them from selling to other grain traders with producers hauling wheat, corn, producers or other suppliers. or purchasers in sufficient quantities to and soybeans by truck from their farms Many farmers and other suppliers prevent an anticompetitive price for sale to the country elevators. Here, located within overlapping Cargill/ the grain is off-loaded, sampled, graded, decrease. Continental draw areas depend solely and put into storage. Sometimes other The Complaint also alleges that services are offered by the country on competition among Cargill, producers of corn, soybeans, and wheat elevators, such as grain drying and Continental, and perhaps a small would not switch to an alternative crop conditioning services. The grain is then number of other nearby grain companies in sufficient numbers to prevent a small transported by truck, rail, or barge to to obtain a competitive price for their but significant decrease in price because larger distribution facilities, such as products. The areas in which these of the length of growing seasons and of river, rail, or port elevators, which may suppliers are located are referred to as the suitability of those crops to certain or may not be affiliated with the country ‘‘captive draw areas’’ in the Complaint. climates and regions. Nor are processors elevators, or to feedlots or processors. The Complaint alleges that these captive or fedlots that purchase grain to River elevators or rail terminals may draw areas are relevant geographic manufacture food products or fatten receive grain directly from the farm or markets and separate sections of the livestock likely to constrain pricing from country elevators. From the river country within the meaning of the decisions by grain trading companies elevator, grain typically moves Clayton Act. because their purchasing decisions are outbound by barge to port elevators. The following are the overlapping and based on factors other than small but From the rail terminal, grain typically captive draw areas for competing Cargill significant changes in crop prices. moves outbound by rail to port elevators and Continental facilities: Therefore, significant changes in • or to domestic feedlots or processors. The Pacific Northwest. Cargill’s port concentration among grain trading The final stage in the grain elevator in Seattle competes with companies can have an anticompetitive distribution system for grain intended Continental’s port elevator in Tacoma impact upon prices received by farmers for export is a port elevator, where it is for the purchase of corn and soybeans. and other suppliers. transferred to ocean vessels for The overlapping draw area for these facilities includes portions of North C. The Chicago Board of Trade Futures shipment to foreign buyers. Grain Markets normally comes to port elevators from Dakota, South Dakota, Minnesota, river elevators (via barge) and rail Nebraska, and Iowa. Captive suppliers In addition, Cargill and Continental terminals, although some port elevators are located primarily in eastern North compete to purchase corn and soybeans receive grain directly from farmers and Dakota, eastern South Dakota, and from grain sellers seeking to deliver country elevators located within a western Minnesota. these crops to river elevators on the relatively short distance from the port • Central California. Cargill’s port Illinois River that, beginning in year elevator. elevator in Sacramento competes with 2000, will be authorized as delivery Because the transportation of grain is Continental’s port elevator in Stockton points for the settlement of Chicago relatively costly and time-consuming, for the purchase of wheat and corn. The Board of Trade (CBOT) corn and farmers generally sell their grain within overlapping draw area for these soybean futures contracts. The provision a limited geographic area surrounding facilities is located in the Sacramento/ of authorized delivery points for corn their farms, usually to a country Stockton area, where all suppliers are and soybean futures contracts is a elevator—although farmers located near captive relevant product market within the river, rail, or port elevators sometimes • Texas Gulf. Cargill’s port elevator in meaning of the Clayton Act. These bypass the country elevator and ship Houston competes with Continental’s delivery points are regulated by the their grain directly to those facilities. port elevator in Beaumont for the Commodities Futures Trading Grain traders purchase grain at these purchase of soybeans and wheat. The Commission. The authorized delivery country, rail, river, and port elevators overlapping draw area for these points, running the entire length of the from farmers and from other suppliers, facilities includes portions of Texas, Illinois River for soybeans, and from such as brokers and independent Louisiana, Oklahoma, Kansas, New Chicago to Peoria, Illinois for corn, each elevator operators who have purchased Mexico, Colorado, Nebraska, Missouri, constitutes a relevant geographic market grain from the farmers. Iowa, and Illinois. Captive suppliers are within the meaning of the Clayton Act; the Complaint alleges that the located primarily in eastern Texas and and undue concentration in these purchasing of wheat, corn, and soybeans western Louisiana. markets would increase the possibilities

VerDate 18-JUN-99 17:25 Aug 11, 1999 Jkt 183247 PO 00000 Frm 00079 Fmt 4703 Sfmt 4703 E:\FR\FM\12AUN1.XXX pfrm07 PsN: 12AUN1 44054 Federal Register / Vol. 64, No. 155 / Thursday, August 12, 1999 / Notices of anticompetitive manipulations of the Illinois, and Caruthersville, Missouri; majority of the facility’s throughput futures markets. rail terminals at Troy, Ohio and Salina, capacity); (b) the throughput agreement Kansas; and port elevators at Beaumont, gives Cargill no more rights concerning D. Harm to Competition as a Texas, Stockton, California, and Seattle, the operations of the Seattle facility than Consequence of the Acquisition Washington. This relief is intended to are commonly granted to sublessees in The Complaint alleges that Cargill’s maintain the level of competition that standard throughput agreements (which acquisition of Continental’s Commodity existed preacquisition, and ensures that insures that the acquirer will retain Marketing Group will substantially farmers and other suppliers in the overall operational control of the lessen competition for the purchase of affected markets will continue to have facility); and (c) that, in any event, the corn, soybeans, and wheat in each of the effective alternatives to Cargill when throughput agreement will not interfere relevant geographic markets by enabling selling their crops. to prevent with the ability or incentive of the Cargill unilaterally to depress the prices manipulations of CBOT corn and acquirer to compete for the purchase of paid to farmers and other suppliers. The soybean futures markets, the proposed corn and soybeans. Complaint further alleges that the Final Judgment requires divestitures of Section IV.C of the proposed Final proposed transaction will also make it Cargill or Continental elevators along Judgment provides that Cargill need not more likely that the few remaining grain the Illinois River at Morris, Lockport divest the Seattle port elevator if it does trading companies that purchase corn, and Chicago, Illinois, as well as not buy, lease, or otherwise acquire an soybeans, and wheat in these markets providing one-third of Cargill’s capacity interest in Continental’s port elevator at will engage in anticompetitive at Havana, Illinois to a new entrant or near Tacoma, Washington. coordination to depress grain prices. pursuant to a throughput agreement.2 Moreover, it is not likely that Cargill’s B. Lockport River Elevator, exercise of market power in any of these A. East Dubuque and Morris River Caruthersville River Elevator, Salina relevant geographic markets would be Elevators, and Seattle Port Elevator Rail Elevator, Troy Rail Elevator, thwarted by significantly increased Provisions Beaumont Port Elevator, Stockton Port purchases of corn, soybeans, or wheat Elevator, and Chicago Port Elevator Section IV.A of the proposed Final Provisions by processors, feedlots, or other buyers, Judgment provides that, within five (5) by new entry, by farmers and other months from the filing of the proposed Section IV.D of the proposed Final suppliers transporting their products to Final Judgment with the Court, or five Judgment provides that, within five (5) more distant markets, or by any other (5) calendar days after notice of the months from the filing of the proposed countervailing force. entry of the Final Judgment by the Final Judgment with the Court, or five In addition, the Complaint alleges that Court, whichever is later, defendant (5) calendar days after notice of the by consolidating the Cargill and Cargill must divest all of its property entry of the Final Judgment by the Continental river elevators on the rights in the East Dubuque, Illinois river Court, whichever is later, defendant Illinois River, this transaction would elevator and the Morris, Illinois river Continental must divest all of its give two firms approximately 80% of elevator to an acquirer acceptable to the property rights in the river elevators the authorized delivery capacity for United States. Section IV.A of the located at Lockport, Illinois and settlement of CBOT corn and soybeans proposed Final Judgment also provides Caruthersville, Missouri; the rail futures contracts. This concentration that, within six (6) months from the terminals located at Salina, Kansas and would increase the likelihood of price filing of the proposed Final Judgment Troy, Ohio; and the port elevators manipulation of futures contracts by with the Court, or five (5) calendar days located at Beaumont, Texas, Chicago, those firms, resulting in higher risks for after notice of the entry of the Final Illinois, and Stockton, California, to an buyers and sellers of futures contracts. Judgment by the Court, whichever is acquirer acceptable to the United States. Finally, the Complaint alleges that the later, defendant Cargill must divest all These facilities were originally part of defendants’ Purchase Agreement of its property rights in the Seattle port the defendants’ Purchase Agreement. includes a Covenant Not to Compete elevator to an acquirer acceptable to the This divestiture requirement will ensure that is longer than is reasonably United States. that these facilities are sold to necessary for Cargill to have a fair Section IV.B of the proposed Final purchasers who will operate these assets opportunity to gain the loyalty of Judgment imposes conditions on Cargill as grain elevators; and it is intended to Continental’s suppliers and customers, and the acquirer of the Seattle port preserve the market structure that and has the effect of unlawfully elevator, should the acquirer decide to existed in those geographic areas prior dividing markets between the two enter into a throughput agreement with to the acquisition. companies in violation of Section 1 of Cargill or any joint venture involving C. General Divestiture Provisions the Sherman Act, 15 U.S.C. § 1. the Tacoma elevator to which Cargill is Sections IV.E through IV.H of the a party (‘‘Cargill Joint Venture’’). III. Explanation of the Proposed Final proposed Final Judgment apply to all Throughput agreements, which are Judgment the divestitures ordered in Sections common in the grain industry, allow IV.A and IV.D (as qualified by Sections The provisions of the proposed Final one firm to move its grain through IV.B and IV.C). Section IV.E provides Judgment are designed to preserve another firm’s elevator for a fee. Under that unless the United States consents in existing competition for grain the terms of the Final Judgment: (a) writing, the divestitures shall include purchasing services to farmers and other Cargill may not obtain continuing rights the entire assets defined in Sections suppliers in numerous areas in the to move more than 8.5 million bushels IV.A and IV.D. The divestitures must be United States, and to prevent of grain per month through the Seattle accomplished in such a way to satisfy anticompetitive manipulation of CBOT port elevator (which ensures that the the United States, in its sole discretion, corn and soybean futures markets. To acquirer of that facility will have that the assets can and will be operated preserve existing competition for grain continuing rights to a substantial purchasing services, it requires by the acquirer as a viable, ongoing divestitures of Cargill or Continental 2 The divestitures of the Morris and Lockport entity capable of competing in the grain river elevators at Morris, Illinois, river elevators provide relief for both the grain business. In addition, any Standard Lockport, Illinois, East Dubuque, purchasing markets and the CBOT futures markets. Throughput Agreement that may be

VerDate 18-JUN-99 11:03 Aug 11, 1999 Jkt 183247 PO 00000 Frm 00080 Fmt 4703 Sfmt 4703 E:\FR\FM\A12AU3.048 pfrm07 PsN: 12AUN1 Federal Register / Vol. 64, No. 155 / Thursday, August 12, 1999 / Notices 44055 negotiated between Cargill or the Cargill grain company acceptable to the United purpose of the Final Judgment, Joint Venture and the purchaser of the States in its sole discretion (the ‘‘Havana including extending the term of the Seattle port elevator must be acceptable Throughput Agreement’’).3 Unless the trustee’s appointment. to the United States, in its sole United States agrees to an extension, E. Notification Provisions discretion. Cargill must enter into the Havana Under Section IV.F of the proposed Throughput Agreement within five (5) Section VI of the proposed Final Final Judgment, defendants shall make months from the date the Final Judgment assures the United States an known, by usual and customary means, Judgment is filed with the Court, or five opportunity to review any proposed the availability of the assets and provide (5) calendar days after notice of the sale, whether by the pertinent defendant any prospective purchasers with a copy entry of the Final Judgment by the or the trustee, before it occurs. Under of the Final Judgment. The pertinent Court, whichever is later. this provision, the United States is defendant is required to offer to furnish entitled to receive complete information any prospective purchaser, subject to D. Trustee Provisions regarding any proposed sale or any customary confidentiality assurances, If the defendants fail to complete any prospective purchaser prior to all information regarding the assets of the divestitures or to enter into the consummation. Upon objection by the customarily provided in a due diligence Havana Throughput Agreement within United States to a sale of any of the process, except such information subject the required time periods, the Court will divestiture assets by the pertinent to attorney-client privilege or attorney appoint a trustee, pursuant to Section V defendant or the trustee, any proposed work-product privilege. The pertinent of the proposed Final Judgment, to divestiture may not be completed. defendant must also permit prospective accomplish the divestitures. Once Should a defendant object to a purchasers to have reasonable access to appointed, only the trustee will have the divestiture by the trustee pursuant to personnel and to make inspection of right to sell the divestiture assets or Section V.B., that sale shall not be physical facilities and financial, enter into the Havana Throughput consummated unless approved by the operational, or other documents and Agreement, and the pertinent defendant Court. information customarily provided as will pay all costs and expenses of the Section VII of the proposed Final part of a due diligence process. trustee and any professionals and agents Judgment prohibits defendants from Section IV.G prohibits defendants retained by the trustee. The financing all or any part of any purchase from interfering with any negotiations compensation paid to the trustee and of the assets made pursuant to Sections by the purchaser to hire any employee any such professionals or agents shall be IV or V of the Final Judgment. However, whose primary responsibility involves reasonable and based on a fee the pertinent defendant will not violate the use of the assets. Under Section arrangement providing the trustee with this condition with respect to assets IV.H, defendants must take all an incentive based on the price and leased by a defendant if: (1) The lessor reasonable steps necessary to terms of the divestiture and the speed holds the pertinent defendant accomplish the prompt divestitures with which it is accomplished. The responsible for lease payments under an contemplated by the proposed Final proposed Final Judgment also requires assignment or sublease of the Judgment, and may not impede the the pertinent defendant to use its best defendant’s leasehold interests; or (2) operation of the assets. efforts to assist the trustee in the pertinent defendant makes up any Section IV.I of the proposed Final accomplishing the required divestitures. shortfall between its lease payment Judgment prohibits Cargill from Pursuant to Section V.E, the trustee obligations and the lease payments purchasing, leasing, or acquiring any must file monthly reports with the negotiated by the person to whom it interest in any of the assests required to parties and the Court, setting forth the assigns or subleases its leasehold be divested by defendant Continental trustee’s efforts to accomplish the interests. pursuant to Section IV.D, or any interest divestitures ordered under the proposed F. Hold Separate Provisions in the river elevator at or near Bird’s Final Judgment. If the trustee does not Point, Missouri (in which Continental accomplish the divestitures within six Under Section VIII of the proposed formerly owned a minority interest and (6) months after its appointment, the Final Judgment, defendants must take had a right of first refusal to purchase trustee shall promptly file with the certain steps to ensure that, until the grain). Section IV.I also prohibits Cargill Court a report setting forth (1) the required divestitures and the execution from subsequently purchasing or leasing trustee’s efforts to accomplish the of the Havana Throughput Agreement the Tacoma port elevator should another required divestitures, (2) the reasons, in have been accomplished, all the firm acquire that facility, or from the trustee’s judgment, why the required previously defined assets and Cargill’s acquiring any other interest in that divestitures have not been Havana river elevator will be facility (including a joint venture accomplished, and (3) the trustee’s maintained as separate, distinct and interest) without the written consent of recommendations. At the same time, the saleable assets, and maintained as the United States. Section IV.I does not trustee will furnish such report to the usable grain elevators. Until such explicitly prohibit Cargill from United States and defendants, who will divestitures, the defendants shall reacquiring the assets that it will divest, each have the right to be heard and to continue to operate these facilities as because that prohibition is inherent in make additional recommendations. The grain elevators. The defendants must the requirement that Cargill divest these Court shall thereafter enter such orders maintain all these facilities so that they assets for the ten-year term of the Final as appropriate in order to carry out the continue to be saleable, including Judgment. maintaining all records, loans, and Pursuant to Section IV.J of the 3 The divestitures of the facilities at Morris, personnel necessary for their operation. proposed Final Judgment, defendant Lockport, and Chicago were sufficient to resolve Defendant Continental must operate the concerns about consolidation of authorized delivery Cargill must enter into a throughput points for CBOT corn futures markets, which Lockport river elevator, Caruthersville agreement that makes one-third (1⁄3) of extend from Chicago to Pekin. To resolve concerns river elevator, Troy rail elevator, the daily loading capacity at its river about concentration of authorized delivery points Beaumont port elevator, Stockton port elevator located at or near Havana, for CBOT soybean futures markets, which extend elevator, and Chicago port elevator the entire length of the Illinois River, it was Illinois, or one barge-load per day, necessary to provide delivery capacity for a new independently from and in competition whichever is greater, to an independent entrant on the southern portion of the Illinois River. with Cargill.

VerDate 18-JUN-99 11:03 Aug 11, 1999 Jkt 183247 PO 00000 Frm 00081 Fmt 4703 Sfmt 4703 E:\FR\FM\A12AU3.050 pfrm07 PsN: 12AUN1 44056 Federal Register / Vol. 64, No. 155 / Thursday, August 12, 1999 / Notices

G. Non-Compete Provisions Impact Statement in the Federal 15 U.S.C. § 16(e). As the Court of The Cargill/Continental Purchase Register. The United States will Appeals for the District of Columbia Agreement contains a five-year non- evaluate and respond to the comments. Circuit held, the APPA permits the compete provision. Under the proposed All comments will be given due Court to consider, among other things, Final Judgment, defendants are consideration by the Department of the relationship between the remedy prohibited from implementing any non- Justice, which remains free to withdraw secured and the specific allegations set compete agreements until all of the its consent to the proposed Final forth in the government’s complaint, assets have been divested. Furthermore, Judgment at any time prior to its entry. whether the decree is sufficiently clear, the term of any such non-compete The comments and the response of the whether enforcement mechanisms are agreement may not be more than three United States will be filed with the sufficient, and whether the decree may (3) years. Court and published in the Federal positively harm third parties. See Register. Written comments should be United States v. Microsoft, 56 F.3d 1448 H. Compliance Inspection, Retention of submitted to: Roger W. Fones, Chief, (D.C. Cir. 1995). Jurisdiction and Termination Provisions Transportation, Energy & Agriculture In conducting this inquiry, ‘‘the Court Section IX requires defendants to Section, Antitrust Division, United is nowhere compelled to go to trial or make available, upon request, the States Department of Justice, 325 to engage in extended proceedings business records and the personnel of Seventh Street, N.W., Suite 500, which might have the effect of vitiating its businesses. This provision allows the Washington, DC 20530. the benefits of prompt and less costly United States to inspect defendants’ The proposed Final Judgment settlement through the consent decree facilities and ensure that they are provides that the Court retains process. 4 Rather, complying with the requirements of the jurisdiction over this action, and the proposed Final Judgment. Section X parties may apply to the Court for any absent a showing of corrupt failure of the provides for jurisdiction to be order necessary or appropriate for the government to discharge its duty, the Court, in making its public interest finding, should maintained by the Court. Section XI of modification, interpretation, or ** * carefully consider the explanations of the proposed Final Judgment provides enforcement of the Final Judgment. the government in the competitive impact that it will expire on the tenth VI. Alternatives to the Proposed Final statement and its responses to comments in anniversary of its entry by the Court. Judgment order to determine whether those explanations are reasonable under the IV. Remedies Available to Potential the United States considered, as an circumstances. Private Litigants alternative to the proposed Final Section 4 of the Clayton Act, 15 Judgment, a full trial on the merits United States v. Mid-America U.S.C. § 15, provides that any person against Cargill and Continental. The Dairymen, Inc., 1977–1 Trade Cas. who has been injured as a result of United States is satisfied, however, that ¶61,508, at 71,980 (W.D. Mo. 1977). conduct prohibited by the antitrust laws the divestitures and other relief Accordingly, with respect to the may bring suit in federal court to contained in the proposed Final adequacy of the relief secured by the recover three times the damages the Judgment should preserve competition decree, a court may not ‘‘engage in an person has suffered, as well as costs and in grain purchasing services as it was unrestricted evaluation of what relief reasonable attorneys’ fees. Entry of the prior to the proposed acquisition, and would best serve the public.’’ United proposed Final Judgment will neither that the proposed Final Judgment would States v. BNS, Inc., 858 F.2d 456, 462 impair nor assist the bringing of any achieve all of the relief that the (9th Cir. 1988), quoting United States v. private antitrust damage action. Under government would have obtained Bechtel Corp., 648 F.2d 660, 666 (9th the provisions of Section 5(a) of the through litigation, but merely avoids the Cir.), cert. denied, 454 U.S. 1083 (1981). Clayton Act, 15 U.S.C. § 16(a), the time and expense of a trial. Precedent requires that proposed Final Judgment has no prima [t]he balancing of competing social and facie effect in any subsequent private VII. Standard of Review Under the APPA for Proposed Final Judgment political interests affected by a proposed lawsuit that may be brought against antitrust consent decree must be left, in the defendants. The APPA requires that proposed first instance, to the discretion of the consent judgments in antitrust cases V. Procedures Available for Attorney General. The court’s role in brought by the United States be subject protecting the public interest is one of Modification of the Proposed Final to a sixty-day comment period, after insuring that the government has not Judgment which the Court shall determine breached its duty to the public in consenting The United States and defendants whether entry of the proposed Final to the decree. The court is required to have stipulated that the proposed Final Judgment ‘‘is in the public interest.’’ In determine not whether a particular decree is the one that will best serve society, but Judgment may be entered by the Court making that determination, the Court after compliance with the provisions of whether the settlement is ‘‘within the reaches may consider: of the public interest.’’ More elaborate the APPA, provided that the United (1) The competitive impact of such requirements might undermine the States has not withdrawn its consent. judgment, including termination of alleged The APPA conditions entry upon the violations, provisions for enforcement and 4 119 Cong. Rec. 24598 (1973); see also United Court’s determination that the proposed modification, duration or relief sought, States v. Gillette Co., 406 F. Supp. 713, 715 (D. Final Judgment is in the public interest. anticipated effects of alternative remedies Mass. 1975). A ‘‘public interest’’ determination can The APPA provides for a period of at actually considered, and any other be made properly on the basis of the Competitive least sixty days preceding the effective consideration bearing upon the adequacy of Impact Statement and Response to Comments filed such judgment; pursuant to the APPA. Although the APPA date of the proposed Final Judgment authorizes the use of additional procedures, 15 within which any person may submit to (2) The impact of entry of such judgment upon the public generally and individuals U.S.C. § 16(f), those procedures are discretionary. A the United States written comments court need not invoke any of them unless it believes alleging specific injury from the violations regarding the proposed Final Judgment. that the comments have raised significant issues set forth in the complaint including and that further proceedings would aid the court in Any person who wishes to comment consideration of the public benefit, if any, to resolving those issues. See H.R. 93–1463, 93rd should do so within sixty days of the be derived from a determination of the issues Cong. 2d Sess. 8–9, reprinted in (1974) U.S.C.C.A.N. date of publication of this Competitive at trail. 6535, 6538.

VerDate 18-JUN-99 17:25 Aug 11, 1999 Jkt 183247 PO 00000 Frm 00082 Fmt 4703 Sfmt 4703 E:\FR\FM\12AUN1.XXX pfrm07 PsN: 12AUN1 Federal Register / Vol. 64, No. 155 / Thursday, August 12, 1999 / Notices 44057 effectiveness of antitrust enforcement by NUCLEAR REGULATORY Government Publications Section, State consent decree.5 COMMISSION Library of Pennsylvania, (Regional Depository) Walnut Street and The proposed Final Judgment, [Docket No. 50±289] therefore, should not be reviewed under Commonwealth Avenue, Box 1601, a standard of whether it is certain to GPU Nuclear, Inc.; Notice of Partial Harrisburg, PA 17105. eliminate every anticompetitive effect of Denial of Amendment to Facility Dated at Rockville, Maryland, this 6th day a particular practice or whether it Operating License and Opportunity for of August 1999. mandates certainty of free competition Hearing For the Nuclear Regulatory Commission. in the future. Court approval of a final The U.S. Nuclear Regulatory Elinor G. Adensam, judgment requires a standard more Director, Project Directorate I, Division of flexible and less strict than the standard Commission (the Commission) has partially denied a request by GPU Licensing Project Management, Office of required for a finding of liability. ‘‘[A] Nuclear Reactor Regulation. proposed decree must be approved even Nuclear, Inc., (licensee) for an amendment to Facility Operating [FR Doc. 99–20908 Filed 8–11–99; 8:45 am] if it falls short of the remedy the court BILLING CODE 7590±01±P would impose on its own, as long as it License No. DPR–50 issued to the falls within the range of acceptability or licensee for operation of the Three Mile Island Nuclear Station, Unit 1, located is ‘within the reaches of public NUCLEAR REGULATORY interest.’ ’’.6 in Dauphin County, PA. The purpose of the portion of the COMMISSION Moreover, the Court’s role under the licensee’s amendment request that is [Docket No. 40±8584] Tunney Act is limited to reviewing the denied was to seek approval from the remedy in relationship to the violations Commission to allow the licensee to Kennecott Uranium Company that the United States has alleged in its ignore the low temperature overpressure AGENCY: Nuclear Regulatory complaint, and the Act does not protection provisions related to high Commission. authorize the Court to ‘‘construct [its] pressure injection pumps start and own hypothetical case and then running restrictions during an ACTION: Final finding of no significant evaluate the decree against that case.’’ emergency cooldown without having to impact; notice of opportunity for Microsoft, 56 F.3d at 1459. Since ‘‘[t]he invoke 10 CFR 50.54(x). hearing. court’s authority to review the decree The NRC staff has concluded that the SUMMARY: The U.S. Nuclear Regulatory depends entirely on the government’s licensee’s request cannot be granted. Commission (NRC) proposes to renew exercising its prosecutorial discretion by The licensee was notified of the NRC Source Material License SUA–1350 bringing a case in the first place,’’ it Commission’s denial of the proposed to authorize the licensee, Kennecott follows that the court ‘‘is only change by a letter dated August 6, 1999. Uranium Company (KUC), to resume authorized to review the decree itself,’’ By September 13, 1999, the licensee commercial milling operations at the and not to ‘‘effectively redraft the may demand a hearing with respect to Sweetwater facility, and to approve the complaint’’ to inquire into other matters the denial described above. Any person plan for future reclamation of the mill that the United States might have but whose interest may be affected by this facility, existing and proposed new did not pursue. Id. proceeding may file a written petition tailings impoundment, and the for leave to intervene. VIII. Determinative Documents A request for hearing or petition for proposed evaporation ponds, according to the 1997 Reclamation Plan, as There are no determinative materials leave to intervene must be filed with the Secretary of the Commission, U.S. amended. The Sweetwater uranium mill or documents within the meaning of the site is located in Sweetwater County, APPA that were considered by the Nuclear Regulatory Commission, Washington, DC 20555–0001, Attention: approximately 40 miles (64 kilometers) United States in formulating the northwest of the town of Rawlins, proposed Final Judgment. Rulemakings and Adjudications Staff, or may be delivered to the Commission’s Wyoming. An Environmental For Plaintiff United States of America Public Document Room, the Gelman Assessment (EA) was performed by the Dated: July 23, 1999. Building, 2120 L Street, NW., NRC staff in support of its review of Respectfully submitted, Washington, DC, by the above date. KUC’s license renewal for operation and Robert L. McGeorge, D.C. Bar No. 91900, A copy of any petitions should also be the amendment request, in accordance sent to the Office of the General with the requirements of 10 CFR Part Trial Attorney, U.S. Department of Justice, 51. The conclusion of the EA is a Antitrust Division, 325 Seventh Street, N.W.; Counsel, U.S. Nuclear Regulatory Suite 500, Washington, DC 20530, Telephone: Commission, Washington, DC 20555– Finding of No Significant Impact (202) 307–6361 or (202) 307–6351, Facsimile: 0001, and to Ernest L. Blake, Jr., Esquire, (FONSI) for the proposed licensing (202) 307–2784. Shaw, Pittman, Potts, & Trowbridge, action. [FR Doc. 99–20806 Filed 8–11–99; 8:45 am] 2300 N Street, NW., Washington, DC FOR FURTHER INFORMATION CONTACT: Ms. BILLING CODE 4410±11±M 20037, attorney for the licensee. Elaine Brummett, Uranium Recovery For further details with respect to this and Low-Level Waste Branch, Division 5 United States v. Bechtel, 648 F.2d at 666 action, see (1) the application for of Waste Management, Office of Nuclear (internal citations omitted) (emphasis added); see amendment dated March 31, 1997, as Material Safety and Safeguards, U.S. United States v. BNS Inc., 858 F.2d at 463; United supplemented June 3, 1998, and July 13, Nuclear Regulatory Commission, Mail States v. National Broadcasting Co., 449 F. Supp. 1998, and (2) the Commission’s letter to Stop T7–J9, Washington, D.C. 20555. 1127, 1143 (C.D. Cal. 1978); Gillette, 406 F. Supp. at 716. See also United States v. American the licensee dated August 6, 1999. Telephone 301/415–6606. Cyanamid Co., 719 F. 2d 558, 565 (2d Cir. 1983). These documents are available for SUPPLEMENTARY INFORMATION: 6 United States v. American Tel. & Tel. Co., 552 public inspection at the Commission’s F. Supp. 131, 150 (D.D.C. 1982) (citations omitted), Public Document Room, the Gelman Background aff’d sub nom. Maryland v. United States, 460 U.S. 1001 (1983), quoting Gillette, 406 F. Supp. at 716; Building, 2120 L Street, NW., The Sweetwater uranium mill site United States v. Alcan Aluminum, Ltd., 605 F. Washington, DC, and at the local public presently is licensed by the NRC under Supp. 619, 622 (W.D. Ky. 1985). document room located at the Law/ Materials License SUA–1350 to possess

VerDate 18-JUN-99 11:03 Aug 11, 1999 Jkt 183247 PO 00000 Frm 00083 Fmt 4703 Sfmt 4703 E:\FR\FM\A12AU3.054 pfrm07 PsN: 12AUN1 44058 Federal Register / Vol. 64, No. 155 / Thursday, August 12, 1999 / Notices byproduct material in the form of issues identified by the inspection. The 2. Mill tailings and process liquid uranium waste tailings, as well as other renewed license also would approve effluents from the mill circuit will be radioactive wastes generated by past KUC’s proposed plan to stabilize and discharged to a multi-lined milling operations. The mill operated cover the tailings impoundments, and impoundment with a leak detection from 1981 to 1983, but is currently in decommission the mill facility system; standby status. KUC has requested (including land and evaporation ponds). 3. The licensee will conduct site renewal of the license to allow All conditions in the renewed license decommissioning and reclamation operation of the mill (includes and commitments presented in the activities in accordance with NRC- construction of one new impoundment licensee’s renewal documents are approved plans; and and up to eight evaporation ponds), and subject to NRC inspection. 4. Present and potential health risks to the evaluation of that request has been In conducting its appraisal, the NRC the public and risks of environmental completed. KUC also has requested staff considered the following: (1) damage from the proposed mill approval of the reclamation plan to Information contained in KUC’s 1997 operation, decommissioning, and stabilize the existing tailings license renewal and amendment reclamation were assessed. Given the impoundment. In addition, the plan requests, as revised; (2) previous remote location, requirements in place, provides for the future stabilization of environmental and safety evaluations of licensee’s inspection and radiation proposed new tailings impoundments, the facility; (3) data contained in land safety programs, area of impact, and reclamation of land, and use and environmental monitoring past activities on the site, the staff decommissioning of the mill facility. reports; (4) existing license conditions; determined that the risk factors for Construction of an additional five (5) results of NRC staff site visits and health and environmental hazards are new impoundments and two inspections of the Sweetwater facility; insignificant. evaporation ponds may be requested if and (6) consultations with the U.S. Fish Because the staff has determined that the mill operates for 20 years, and the and Wildlife Service, the U.S. Bureau of there will be no significant impacts impact of this was considered in the EA. Land Management, the Wyoming State associated with approval of the license The additional impoundments would be Historic Preservation Office, and the renewal (and associated amendments), reclaimed according to the NRC- Wyoming Department of Environmental there can be no disproportionally high approved plan and any change in design Quality. The staff evaluation of the and adverse effects or impacts on would require review and approval by Sweetwater operation plan and minority and low-income populations. the NRC staff. associated documents is being evaluated Consequently, further evaluation of KUC submitted the operations plan, in a Safety Evaluation Report, and the reclamation plan, and associated Environmental Justice concerns, as technical aspects of the reclamation information by letters dated June 11, outlined in Executive Order 12898 and plan are discussed separately in a July 3, July 23, August 1, August 20, NRC’s Office of Nuclear Material Safety Technical Evaluation Report that will September 18, and October 7, 1997. The and Safeguards Policy and Procedures mill and land decommissioning plan accompany the final agency licensing Letter 1–50, Revision 1, is not portion of the reclamation plan was action. warranted. The results of the staff environmental submitted May 28, 1998. Page changes Alternatives to the Proposed Action to various submitted documents and review are documented in an EA placed responses to NRC staff comments were in the docket file. Based on its review, The proposed action is to renew NRC provided June 10, July 1, and July 20, the NRC staff has concluded that there Source Material License SUA–1350, for 1998, as well as February 3, February are no significant environmental operation of the mill, subsequent 25, March 25, April 21, and June 21, impacts associated with the proposed decommissioning of the facility, and 1999. action. reclamation of the tailings impoundments, as requested by KUC. Summary of the Environmental Conclusions Therefore, the principal alternatives Assessment The NRC staff has examined actual available to NRC are to: The NRC staff performed an and potential impacts associated with 1. Approve the license renewal assessment of the environmental the operation of the mill, site request as submitted; or impacts associated with the operations decommissioning, and reclamation of 2. Renew the license with such plan and reclamation plan, in the tailings impoundments, and has additional conditions as are considered accordance with 10 CFR Part 51, determined that the requested renewal necessary or appropriate to protect Licensing and Regulatory Policy of Source Material License SUA–1350 public health and safety and the Procedures for Environmental will: (1) be consistent with requirements environment; or Protection. The license renewal would of 10 CFR Part 40, Appendix A; (2) not 3. Deny the renewal request. authorize KUC to resume operation of be inimical to public health and safety; Based on its review, the NRC staff has the mill at a maximum production rate and (3) not have long-term detrimental concluded that the environmental of 4,100,000 pounds (1,859,748 kg) of impacts on the environment. The impacts associated with the proposed yellowcake per year, and to possess following statements summarize the action do not warrant either the limiting byproduct material in the form of conclusions resulting from the staff’s of KUC’s future operations or the denial uranium waste tailings and other environmental assessment, and support of the license amendment. Additionally, uranium byproduct wastes generated by the FONSI: in the TER prepared for this action, the the authorized milling operations. The 1. An acceptable environmental and staff has reviewed the licensee’s actual resumption of operations will be effluent monitoring program is in place proposed action with respect to the conditional on: (1) The NRC review of to monitor effluent releases and to criteria for reclamation, specified in 10 standard operating procedures for mill detect if applicable regulatory limits are CFR Part 40, Appendix A, and has no operation; (2) a 90-day pre-startup exceeded. Radiological effluents from basis for denial of the proposed action. notification to NRC; and (3) the facility operations have been and are Therefore, the staff considers that completion of a pre-startup NRC expected to remain below the regulatory Alternative 1 is the appropriate inspection and resolution of any safety limits; alternative for selection.

VerDate 18-JUN-99 11:03 Aug 11, 1999 Jkt 183247 PO 00000 Frm 00084 Fmt 4703 Sfmt 4703 E:\FR\FM\A12AU3.142 pfrm07 PsN: 12AUN1 Federal Register / Vol. 64, No. 155 / Thursday, August 12, 1999 / Notices 44059

Finding of No Significant Impact (1) The interest of the requestor in the Oklahoma. The Kerr-McGee Corporation The NRC staff has prepared an EA for proceeding; (KMC) operated two plants at the the proposed renewal of NRC Source (2) How that interest may be affected Cimarron facility between 1965 and Material License SUA–1350. On the by the results of the proceeding, 1975, each under its own separate basis of this assessment, the NRC staff including the reasons why the requestor Atomic Energy Commission license. has concluded that the environmental should be permitted a hearing, with Radioactive Materials License SNM–928 impacts that may result from the particular reference to the factors set out was issued under 10 CFR Part 70 for the proposed action would not be in § 2.1205(g); Uranium Fuel Fabrication Facility and (3) The requestor’s areas of concern significant, and therefore, preparation of Radioactive Materials License SNM– about the licensing activity that is the an Environmental Impact Statement is 1174 was issued for the Mixed Oxide subject matter of the proceeding; and not warranted. Fuel Fabrication Facility. In 1983, when (4) The circumstances establishing The EA and other documents related KMC was divided into Sequoyah Fuels that the request for a hearing is timely to this proposed action are available for Corporation (SFC) and Quivera Mining in accordance with § 2.1205(c). Corporation, SFC became the owner of public inspection and copying at the Any hearing that is requested and NRC Public Document Room, in the the Cimarron facility. Subsequently, in granted will be held in accordance with 1988, Cimarron Corporation, a Gelman Building, 2120 L Street N.W., the Commission’s ‘‘Informal Hearing Washington, DC 20555. subsidiary of KMC, became responsible Procedures for Adjudications in for the Cimarron facility. Although the Notice of Opportunity for Hearing Materials and Operator Licensing Cimarron facility poses no immediate Proceedings’’ in 10 CFR Part 2, Subpart The Commission hereby provides threat to public health and safety, it is L. notice that this is a proceeding on an listed in the Site Decommissioning application for a licensing action falling Dated at Rockville, Maryland, this 6th day Management Plan to ensure timely within the scope of Subpart L, ‘‘Informal of August 1999. decommissioning. Hearing Procedures for Adjudications in For the Nuclear Regulatory Commission. Proposed Action Materials and Operators Licensing John J. Surmeier, The objectives of the proposed actions Proceedings,’’ of the Commission’s Chief, Uranium Recovery and Low-Level Rules of Practice for Domestic Licensing Waste Branch, Division of Waste are to decontaminate and decommission Proceedings and Issuance of Orders in Management, Office of Nuclear Material the Cimarron site to permit release for 10 CFR Part 2 (54 FR 8269). Pursuant to Safety and Safeguards. unrestricted use and to terminate the § 2.1205(a), any person whose interest [FR Doc. 99–20909 Filed 8–11–99; 8:45 am] Radioactive Materials License SNM– 928. In accordance with 10 CFR may be affected by this proceeding may BILLING CODE 7590±01±P file a request for a hearing. In 70.38(g), Cimarron submitted a accordance with § 2.1205(c), a request proposed DP. In conjunction with this for a hearing must be filed within thirty NUCLEAR REGULATORY proposal, Cimarron has also proposed (30) days from the date of publication of COMMISSION revisions to the Radioactive Materials License SNM–928, changes to its RPP, this Federal Register notice. The request [Docket No. 070±0925] for a hearing must be filed with the and changes to its organizational Office of the Secretary either: Finding of No Significant Impact structure. Decommissioning activities have been (1) By delivery to the Rulemakings Related to Amendment of Materials ongoing since 1976 when production and Adjudications Staff of the Office of License No. SNM±928, Kerr-McGee activities were terminated. Many of the the Secretary at One White Flint North, Corporation, Cimarron Fuel decommissioning activities at the site 11555 Rockville Pike, Rockville, MD Fabrication Site, Crescent, Oklahoma have been completed under existing 20852; or license conditions. Decommissioning (2) By mail or telegram addressed to The U.S. Nuclear Regulatory activities remaining to be performed at the Secretary, U.S. Nuclear Regulatory Commission (hereafter referred to as the Cimarron facility include: Commission, Washington, DC 20555, NRC) is considering issuing a license decontamination and decommissioning Attention: Rulemakings and amendment to Materials License No. of facility structures; onsite disposal of Adjudications Staff. SNM–923, held by the Kerr-McGee contaminated soil meeting the Option 2 Each request for a hearing must also Cimarron Corporation (Cimarron or the criteria of NRC’s 1981 Branch Technical be served, by delivering it personally or licensee), to incorporate the licensee’s Position (BTP) 1, ‘‘Disposal or Onsite by mail to: proposed decommissioning plan (DP) Storage of Thorium or Uranium Wastes (1) The applicant, Kennecott Uranium for its Cimarron Fuel Fabrication Site from Past Operations;’’ offsite disposal Company, P.O. Box 1500, Rawlins, WY (Cimarron site) located in Crescent, of soil or material exceeding the BTP 82301; Oklahoma. Other proposals being (2) The NRC staff, by delivery to the considered include: (1) Establishment of Option 2 criteria; and groundwater Executive Director of Operations, One a cleanup standard for the site; (2) remediation. As previously noted, Cimarron White Flint North, 11555 Rockville revision of Cimarron’s Radiation proposed other related revisions to its Pike, Rockville, MD 20852; or Protection Plan (RPP) that summarizes license: (3) By mail addressed to the Executive the overall radiation protection program for the Cimarron facility; and (3) (1) Amending its license to add a new Director for Operations, U.S. Nuclear license condition specifically Regulatory Commission, Washington, revision of Cimarron’s organizational structure. establishing the BTP Option 1 DC 20555. unrestricted-use, residual- In addition to meeting other Summary of Environmental Assessment contamination criteria as the cleanup applicable requirements of 10 CFR Part standard for the Cimarron site; 2 of the Commission’s regulations, a Background request for a hearing filed by a person Cimarron has environmental 1 ‘‘Disposal or Onsite Storage of Thorium or other than an applicant must describe in responsibility for a fuel fabrication Uranium Waste from Past Operations’’ (46 FR detail: facility site near the city of Crescent, 52061, October 23, 1981).

VerDate 18-JUN-99 11:03 Aug 11, 1999 Jkt 183247 PO 00000 Frm 00085 Fmt 4703 Sfmt 4703 E:\FR\FM\A12AU3.143 pfrm07 PsN: 12AUN1 44060 Federal Register / Vol. 64, No. 155 / Thursday, August 12, 1999 / Notices

(2) Amending license conditions to and ingestion of releases of radioactivity potential consequences and probability better delineate the handling of various in air and in water during the of a transportation accident are low. classifications of contaminated material remediation operations, direct exposure g. The licensee has a radiation at the site, and revising License to radiation from radioactive material at protection program that will maintain Condition 10 to only reference licensee the site during remediation operations, radiation exposures and effluent commitments that pertain to Cimarron’s and transport for disposal. releases within the limits of 10 CFR Part current decommissioning status; Decommissioning workers may receive 20 and will maintain exposures as low (3) Amending the RPP to clarify doses primarily by ingestion, inhalation, as is reasonably achievable. statements made in the RPP; incorporate and direct exposure during the h. The population within a 6.5 references to a Quality Assurance Plan, decommissioning activities. In addition kilometer (4 mile) radius of the licensee and revise its Environmental Sampling to impacts from routine operations, the facility has minority and senior citizen Schedule; and potential radiological consequences of populations lower than the county and (4) Amending the license to accidents were considered. the State averages, and has a median incorporate changes in its organizational NRC staff has reviewed the potential household income above that of the structure. These changes were and will impacts of the proposed county and the State. Based on these continue to be caused by downsizing of decommissioning, both beneficial and statistics, there are no significant staff at the Cimarron site as adverse. NRC staff’s conclusions are minorities and low-income households decommissioning activities are summarized as follows: that will be exposed to impacts from the completed. a. Radiation exposures of persons proposed activities at Cimarron. living or traveling near the site because Because there are no significant impacts The Need for Proposed Action of onsite operations and waste from the proposed activities, there will The proposed actions are necessary transportation will be well within limits be no environmental justice impacts. for Cimarron to complete the remaining contained in 10 CFR Part 20. i. No reasonably available alternative decommissioning activities needed for b. The potential radiological impacts to the licensee’s proposed plan is NRC to release the Cimarron site for off-site of potential onsite accidents are obviously superior. unrestricted use and to terminate well below the radiation dose limit of 1 Radioactive Materials License SNM– mSv/yr (100 mrem/yr) to the public and Conclusions 928. License termination is a separate the radiation dose limit of 0.50 mSv/yr On the basis of its EA, NRC staff has action that requires an NRC finding that (5 rem/yr) to workers in accordance concluded that the proposed action the premises are suitable for release. with 10 CFR Part 20. would not have any significant effect on c. The potential non-radiological the quality of the human environment Alternative to Proposed Action impacts, such as socioeconomic, air and does not warrant the preparation of The only alternative considered in the quality, land and water use, etc., from an environmental impact statement Environmental Assessment (EA) was the decommissioning activities at Cimarron (EIS). The action called for, under NEPA no-action alternative. No action would are negligible. and 10 CFR Part 51, is the issuance of mean that: (1) The site would not be d. For conservatism, the site use is a license amendment authorizing the approved to remediate now; (2) obsolete assumed to be equivalent to the resident licensee to perform decommissioning of license conditions would continue to be farmer scenario described in the NRC the Cimarron site as proposed by the in License SNM–928; (3) changes to the Policy and Guidance Directive PG–8–08, licensee and make the proposed RPP would not be effective; and (4) ‘‘Scenarios for Assessing Potential Doses revisions to the license. Cimarron’s organizational structure Associated with Residual In accordance with the requirements would be outdated. Radioactivity.’’ Under this scenario, the of Subpart L of 10 CFR part 2, an NRC staff has evaluated the no-action maximum radiation doses to a Opportunity for a Hearing 2 was offered alternative and determined that the no- hypothetical resident farmer, who might on September 6, 1995. No requests for action alternative would conflict with establish a residence on the site, grow a hearing were received. NRC’s requirement, 10 CFR 70.38, for and consume food from the site, and timely remediation at sites that have consume drinking water from an onsite Finding of No Significant Impact ceased operation. Although there is no groundwater well, over a 1000-year Pursuant to 10 CFR part 51, NRC has immediate threat to the public health period, were calculated assuming both prepared an EA related to the issuance and safety from this site, not with a cover and without a cover over of a license amendment to Materials undertaking remediation at this time the disposal cell. The predicted doses License SNM–928, authorizing does not solve the regulatory and for both scenarios are less than 0.09 decommissioning of the Cimarron Site. potential long-term health and safety mSv/yr (9 mrem/yr), which is below On the basis of this EA, NRC has problems associated with storing this NRC’s Part 20 radiation dose for the concluded that this licensing action waste. No action now would delay public of 1 mSv/yr (100 mrem/yr). would not have any significant effect on remediation until some time in the e. Radiation doses to a remediation the quality of the human environment future, when costs could be much worker onsite from direct exposure are and does not warrant the preparation of higher than they are today. It is even estimated to be less than 0.01 mSv (1 an EIS. Accordingly, it has been possible that no disposal option will be mrem) for a 2000-hour exposure period. determined that a Finding of No available in the future if the current low Inhalation doses from a 2000-hour Significant Impact is appropriate. level waste disposal facilities are closed exposure would be less than 0.03 Sv (3 Further Information and no new ones are opened. Therefore, mrem). These predicted doses are the no-action alternative is not substantially less than the occupation For further details with respect to this acceptable. exposure limit of 0.50 mSv/yr (5 rem/yr) action, the EA and other documents in 10 CFR Part 20. related to this proposed action are Environmental Impacts of Proposed f. The impacts from the transportation available for public inspection and Action of radioactive materials are low and copying at NRC’s Public Document Radiological impacts on members of within NRC and Department of the public may result from inhalation Transportation requirements. The 2 60 FR 46315 (September 6, 1995).

VerDate 18-JUN-99 11:03 Aug 11, 1999 Jkt 183247 PO 00000 Frm 00086 Fmt 4703 Sfmt 4703 E:\FR\FM\A12AU3.144 pfrm07 PsN: 12AUN1 Federal Register / Vol. 64, No. 155 / Thursday, August 12, 1999 / Notices 44061

Room at the Gelman Building, 2120 L discussion of the draft SRP modules and Chairman’s ruling on requests for the Street NW., Washington, DC. the status of dose models. opportunity to present oral statements Dated at Rockville, Maryland, this 8th day F. Division of Waste Management and the time allotted therefor can be of August 1999. Fiscal Year 2000 Budget and Operating obtained by contacting Dr. Richard P. For the U.S. Nuclear Regulatory Plan Overview—NMSS managers will Savio, Associate Director for Technical Commission. present an overview of their priorities as Support, ACRS/ACNW (Telephone 301/ defined by available resources for Fiscal Larry W. Camper, 415–7363), between 8:00 A.M. and 5:00 Year 2000. P.M. EDT. Chief, Decommissioning Branch, Division of G. Preparation of ACNW Reports— ACNW meeting notices, meeting Waste Management, Office of Nuclear The Committee will discuss planned Material Safety and Safeguards. transcripts, and letter reports are now reports on the following topics: a White available for downloading or reviewing [FR Doc. 99–20907 Filed 8–11–99; 8:45 am] Paper on Near-Field Chemistry issues, a on the internet at http://www.nrc.gov/ BILLING CODE 7590±01±P joint ACRS/ACNW letter report on an ACRSACNW. NMSS approach to risk-informed, Videoteleconferencing service is performance-based regulation in NMSS, available for observing open sessions of NUCLEAR REGULATORY and other topics discussed during this ACNW meetings. Those wishing to use COMMISSION and previous meetings as the need this service for observing ACNW Advisory Committee on Nuclear arises. meetings should contact Mr. Theron Waste; Notice of Meeting H. Meeting with the Director, Division Brown, ACNW Audiovisual Technician of Waste Management—The Committee (301–415–8066), between 7:30 a.m. and The Advisory Committee on Nuclear will meet with the Director informally 3:45 p.m. EDT at least 10 days before the Waste (ACNW) will hold its 112th to discuss items of mutual interest. meeting to ensure the availability of this meeting on September 14–15, 1999, I. Miscellaneous—The Committee will service. Individuals or organizations Room T–2B3, 11545 Rockville Pike, discuss miscellaneous matters related to requesting this service will be Rockville, Maryland. the conduct of Committee and responsible for telephone line charges The entire meeting will be open to organizational activities and complete and for providing the equipment and public attendance. discussion of matters and specific issues facilities that they use to establish the The schedule for this meeting is as that were not completed during videoteleconferencing link. The follows: previous meetings, as time and availability of videoteleconferencing Tuesday, September 14, 1999—8:30 a.m. availability of information permit. services is not guaranteed. Procedures for the conduct of and until 6:00 p.m. Dated: August 6, 1999. Wednesday, September 15, 1999—8:30 participation in ACNW meetings were Andrew L. Bates, a.m. until 6:00 p.m. published in the Federal Register on Advisory Committee Management Officer. The following topics will be September 29, 1998 (63 FR 51967). In discussed: accordance with these procedures, oral [FR Doc. 99–20790 Filed 8–11–99; 8:45 am] A. ACNW Planning and Procedures— or written statements may be presented BILLING CODE 7590±01±P The Committee will hear a briefing from by members of the public, electronic its staff on issues to be covered during recordings will be permitted only NUCLEAR REGULATORY this meeting. The Committee will also during those portions of the meeting COMMISSION consider topics proposed for future that are open to the public, and questions may be asked only by consideration by the full Committee and Reactor Safety Chapter of the Strategic Working Groups. The Committee will members of the Committee, its Plan Workshop discuss ACNW-related activities of consultants, and staff. Persons desiring individual members. to make oral statements should notify AGENCY: Nuclear Regulatory B. Risk Communications—The the Associate Director for Technical Commission. Committee will continue to prepare for Support, ACRS/ACNW, Dr. Richard P. ACTION: Request for public comment/ sessions with the local stakeholders to Savio, as far in advance as practicable notice of meeting. be held this fall in the Las Vegas, so that appropriate arrangements can be Nevada, area. made to schedule the necessary time SUMMARY: The Nuclear Regulatory C. Results of the Arthur Andersen during the meeting for such statements. Commission is requesting public Review of the Division of Waste Use of still, motion picture, and comment on the draft Nuclear Reactor Management Activities—The Deputy television cameras during this meeting Safety Chapter of the NRC Strategic Director, NMSS, will discuss the results will be limited to selected portions of Plan. The NRC is conducting a of recent strategic planning activities the meeting as determined by the workshop on August 20, 1999, to give within the Division of Waste ACNW Chairman. Information regarding stakeholders an opportunity to meet Management and potential impacts on the time to be set aside for taking with agency representatives to ask ACNW activities. pictures may be obtained by contacting questions and comment on the Nuclear D. Progress Report on Waste the Associate Director for Technical Reactor Safety Chapter of the Strategic Management Research Program Plan— Support, ACRS/ACNW, prior to the Plan that the Commission has under The Office of Research will present its meeting. In view of the possibility that consideration. This workshop is open to plan to the Committee, which it believes the schedule for ACNW meetings may the public and all interested parties may is consistent with the recommendations be adjusted by the Chairman as attend. in NUREG–1635, the most recent joint necessary to facilitate the conduct of the DATES: August 20, 1999, from 9:00 a.m. ACNW/ACRS report on NRC research meeting, persons planning to attend to 1:00 p.m. activities. should notify Dr. Savio as to their ADDRESSES: One White Flint North, NRC E. Decommissioning Standard Review particular needs. Commission Hearing Room, 11555 Plan (SRP) and Dose Modeling—NMSS Further information regarding topics Rockville Pike, Rockville, Maryland. will provide a scheduled update of its to be discussed, whether the meeting FOR FURTHER INFORMATION CONTACT: progress in this area. Included will be a has been canceled or rescheduled, the James L. Blaha, Mail Stop O16-E15, U.S.

VerDate 18-JUN-99 17:25 Aug 11, 1999 Jkt 183247 PO 00000 Frm 00087 Fmt 4703 Sfmt 4703 E:\FR\FM\12AUN1.XXX pfrm07 PsN: 12AUN1 44062 Federal Register / Vol. 64, No. 155 / Thursday, August 12, 1999 / Notices

Nuclear Regulatory Commission, at the NRC. It also describes how this In addition to participating in the Washington, D.C. 20555–0001. paradigm shift will become an integral workshop, stakeholders may submit Telephone: (301) 415–1703; FAX: (301) part of NRC’s future planning, written comments on the draft of the 415–2162; Internet: [email protected]. budgeting, and performance Strategic Plan to the NRC. Comments management. A schedule to facilitate are requested by August 27, 1999. The Background dialogue among the Commission staff, draft Strategic Plan, as well as the As part of the Government stakeholders, and Congress is provided ability to provide comments Performance and Results Act, the NRC below: electronically, are available on the NRC is required to update its strategic plan web site at http://www.nrc.gov/NRC/ triennially. The NRC’s first strategic Revisions to the Nuclear Reactor Safety COMMISSION/INITIATIVES/1999/ plan was issued in September 1997. (NRS) Chapter of the Strategic Plan index.html. Comments may also be Since that time, the NRC has August 3: Issue draft NRS chapter to provided in writing to the U.S. Nuclear implemented a Planning, Budgeting and stakeholders for comment Regulatory Commission, ATTN: Debra J. Performance Measurement (PBPM) August 20: Stakeholder Workshop on Corley, Mail Stop O–16E15, process which focuses on becoming NRS chapter Washington, D.C. 20555–0001. more performance-based and outcome- Early September: Revised NRS chapter Stakeholder comments will be oriented. The Nuclear Reactor Safety to Commission considered in another update of the Chapter of the NRC Strategic Plan Late September: Senate Oversight draft Nuclear Reactor Safety chapter. reflects this approach to long-range hearing This update will be provided to the planning, as well as institutionalizing Commission and made publically The remaining Strategic Plan chapters regulatory reforms that have been available prior to our Senate oversight (Nuclear Materials Safety, Nuclear initiated within the last 18 months. The hearing planned for September 1999. Waste Safety, International Nuclear Nuclear Reactor Safety chapter has Stakeholders will also have other Safety Support) will be revised over the progressed to a point that further opportunities to comment on the NRC next year. improvement will be enhanced by Strategic Plan which is required to be stakeholder input. Stakeholder Input to the NRS Chapter submitted to Congress by September In the Fall of 1997 the agency of the Strategic Plan 2000 in accordance with the undertook an effort to review and revise Government Performance and Results its strategic plan to better align and link While NRC recognizes work is yet to be finished, further improvements to the Act. the goals and strategies and to improve The NRC is accessible to the White draft Strategic Plan will benefit from the logic and functionality of the Flint Metro Station. Visitor parking near stakeholder input. The NRC is strategic plan. The revision, however, the NRC buildings is limited. did not fully consider the issues raised particularly interested in stakeholder during the NRC’s July 30, 1998, hearing views on the four performance goals and Dated at Rockville, Maryland, this 6th day of August, 1999. before the Senate Subcommittee on their associated measures and strategies. Clean Air, Wetlands, Private Property, The draft specifically identifies a For the Nuclear Regulatory Commission. and Nuclear Safety; the July 17, 1998, number of performance measures for Frank J. Miraglia, Jr., Commission meeting with stakeholders; which stakeholder input will be Deputy Executive Director for Regulatory the Chairman’s August 7, 1998, tasking especially useful. Programs, Office of Executive Director for memorandum; or the progress achieved Stakeholder input is requested on the Operations. to make NRC planning and budgeting following broad areas: [FR Doc. 99–20910 Filed 8–11–99; 8:45 am] more outcome-oriented. Since that time, • Do strategic goals, management BILLING CODE 7590±01±P the agency has begun an internal review goals, and performance goals address to address these issues. This has the appropriate areas requiring resulted in a draft of selected portions emphasis? OFFICE OF MANAGEMENT AND of the strategic plan. • Are the strategies to achieve these BUDGET The draft of the Strategic Plan reflects goals adequate to achieve success? revisions that focus on the Nuclear • Are the performance measures Proposed Information Collection Reactor Safety arena and reflects the adequate to indicate whether we are Activities OMB Circular A±21; Request progress to date. Updates to this plan achieving our goals? Are there better for Comments reflect changes in Commission policy measures? AGENCY: Office of Management and over the past year, stakeholder input, as • Do goals and strategies reflect Budget, Executive Office of the well as the development of new NRC’s commitment to institutionalize President. performance goals and measures. Also change and become more performance ACTION: Notice. included in this package are edits to the based? front end sections that describe the SUMMARY: In accordance with the August 20, 1999 Workshop Agency’s mission, strategic goals, Paperwork Reduction Act (44 U.S.C. management goals, and strategic arenas. NRC will be conducting a public 3501 et seq.), the Office of Management The Nuclear Reactor Safety Chapter workshop on August 10, 1999 at 1:00 and Budget (OMB) invites comment on reflects the new focus on four p.m. in Rockville, Maryland, in the the proposed information request. This performance goals and the key strategies Commission Hearing Room to discuss request proposes a standard format for to be used to achieve these goals. Once the Nuclear Reactor Safety Chapter of submitting facilities and administrative completed, this chapter will be used as the Strategic Plan. The NRC staff will rate proposals by educational a model to revise and finalize the other answer questions and receive institutions and will be required by program arena chapters. comments. Members of the public are OMB Circular A–21, ‘‘Cost Principles This draft of the strategic plan is invited to attend. Those wishing to for Educational Institutions.’’ The intended to reflect the results from the participate in discussions are urged to standard format would assist change process which has occurred over contact Jim Blaha at 301–415–1703 to institutions in completing their the past 18 months and which continues facilitate agenda planning. proposals more efficiently and help the

VerDate 18-JUN-99 17:25 Aug 11, 1999 Jkt 183247 PO 00000 Frm 00088 Fmt 4703 Sfmt 4703 E:\FR\FM\12AUN1.XXX pfrm07 PsN: 12AUN1 Federal Register / Vol. 64, No. 155 / Thursday, August 12, 1999 / Notices 44063

Federal cognizant agency review each efficiently and help the Federal the use of appropriate automated, proposal on a more consistent basis. cognizant agency review each proposal electronic, mechanical, or other OMB proposed the use of and solicited on a more consistent basis. It would also technological collection technique of input on the use of such a form in its facilitate the Federal Government’s other forms of information technology, proposed revision to OMB Circular A– effort to collect better information e.g., permitting electronic submission of 21 on September 10, 1997. OMB regarding educational institution F&A responses. received 35 comments from Federal costs that could be useful in explaining This notice also lists the following agencies, universities and professional variations in F&A rates among information: organizations in response to that section institutions. In addition, a standard Title: Appendix C, ‘‘OMB Circular A– of the proposed revision to Circular A– format may allow electronic submission 21 Documentation Requirements for 21. All commenters were in favor of the of F&A proposals to the Federal Facilities and Administrative (F&A) development of such a form. OMB, with cognizant agency in the future. Proposals Claiming Costs Under the assistance from Federal agencies and Federal agencies, universities and Regular Method’’. universities, developed the attached professional organizations, through their Type of review: New collection. submitted comments, favorably support form for inclusion in Circular A–21. Respondents: Large Universities. the proposal for the development of a OMB also proposes to revise Circular A– Number of Responses: 282. 21 as shown below, to incorporate the standard format. Accordingly, OMB, Estimated Time Per Response: 4 new form. with the assistance from Federal hours. DATES: Comments are due on or before agencies and university representatives, Needs and Uses: The proposed form October 12, 1999. developed a standard format that includes two parts: will standardize the documentation ADDRESSES: Comments should be • A summary schedule of the requirements for facilities and mailed to Gilbert Tran, Office of Federal institution’s proposed F&A rates, along administrative proposals submitted by Financial Management, Office of with the F&A cost pools and their large universities to their cognizant Management and Budget, 725 17th allocations, and agency. Street, NW, Room 6025, Washington, • A listing of support documentation DC 20503. Comments up to three pages Issued in Washington, DC, August 4, 1999. to be submitted with an F&A proposal. Norwood J. Jackson, Jr., in length may be submitted via facsimile OMB is proposing, through this to 202–395–4915. Electronic mail notice, to include the standard format as Acting Controller. comments may be submitted via Appendix C of the Circular. This notice OMB proposes the following revisions Internet to Hai—M.— is soliciting comments from members of to Circular A–21. [email protected]. Please include the the public and affected entities 1. Add Section G.12 to read as full body of electronic mail comments concerning the proposed information follows: in the text and not as an attachment. collection to: (1) Evaluate whether the 12. Standard Format for Submission. Please include the name, title, proposed collection of information is For facilities and administrative (F&A) organization, postal address, and E-mail necessary for the proper performance of proposals submitted on or after July 1, address in the text of the message. the functions of the agency, including 2000, educational institutions shall use FOR FURTHER INFORMATION CONTACT: whether the information will have the standard format, shown in Gilbert Tran, Office of Federal Financial practical utility; (2) evaluate the Appendix C, to submit their F&A rate Management, Office of Management and accuracy of the agency’s estimate of the proposal to the cognizant agency. The Budget, (202) 395–3993. burden of the proposed collection of cognizant agency may, on an institution SUPPLEMENTARY INFORMATION: OMB information, including the validity of by institution basis, grant exceptions proposed on September 10, 1997 (62 FR the methodology and assumptions used; from the standard format requirement. 47721), to develop a standard format for (3) enhance the quality, utility, and This requirement does not apply to the submission of facilities and clarity of the information to be educational institutions which use the administrative (F&A) proposals, that collected; and (4) minimize the burden simplified method for calculating F&A would assist educational institutions in of the collection of information on those rates, as described in Section H. completing their F&A proposals more who are to respond, including through 2. Add Appendix C (shown below):

Appendix C—OMB Circular A–21 Documentation Requirements for Facilities and Administrative (F&A) Proposals Claiming Costs Under the Regular Method The documentation requirements for F&A rate proposals consist of two parts. Part I provides a schedule of summary data on the institution’s F&A cost pools and their allocations, and the proposed F&A rates. An example of a completed Part I is included. Part II describes the standard documentation to be submitted with the institution’s F&A proposal.

Part I—Summary Data Elements for F&A Proposal—Part A Name of Institution: ll Organization Number: (Federal Use Only) Address: llllllllllllllllllllllllllllllllllllllllllllllllllllllllllll llllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllll a. Cognizant Federal Agency Rate Setting: lll Audit: lll b. Type of Institution Private () Public/State ( ) c. Fiscal Year llll d. Population Students: ll Faculty: ll Staff: ll e. Status of Disclosure Statement Required to Submit (Y/N)? ll Due Dates: Initial: ll Revised: ll Date Submitted ll Approved ( ) Yes ( ) No Date: ll f. Most Current F&A Rates (i.e., final, predetermined, fixed) (Last three fiscal years)

VerDate 18-JUN-99 11:03 Aug 11, 1999 Jkt 183247 PO 00000 Frm 00089 Fmt 4703 Sfmt 4706 E:\FR\FM\A12AU3.095 pfrm07 PsN: 12AUN1 44064 Federal Register / Vol. 64, No. 155 / Thursday, August 12, 1999 / Notices

On-campus Off-campus Type of rate Fiscal year Date of rate On-campus organized On-campus Off-campus organized Off-campus covered agreement instruction research OSA* instruction research OSA*

(* OSA = Other Sponsored Activities) g. Base year costs associated with new buildings placed into service within the last five years (i.e., base year and four preceding years) by major functions proposed (in thousands).

Organized re- Instruction search OSA

Building Depreciation or Use Allowance Interest Expense Operation and Maintenance

h. Dollar amounts by major functions proposed—Base Year (in thousands)

Instruction Organized re- OSA search

Salaries & Wages/Fringes: ÐProfessional/Professorial ÐOther Labor Non-labor Costs Modified Total Direct Costs

i. Percentage of cost pool dollars allocated to major functions proposed—Base Year

Organized Instruction research OSA Other Total

Building Depreciation or Use Allowance Equipment Depreciation or Use Allowance Interest Expense Operation and Maintenance Library

j. Proposed methodology for library costs: Standard Method: ll Special Study: ll k. Procedure for claiming fringe benefit costs: Specific Identification: ll Negotiated Rate: ll Other (see attached): ll Part I—Summary Data Elements for F&A Proposal—Part B Name of Institution: lllllllllllllllllllllllllllllllllllllllllllllllllllllll Base (or Data) Year: lllllllllllllllllllllllllllllllllllllllllllllllllllllll

BASE YEAR RATE CALCULATION SUMMARY BY MAJOR FUNCTION [Dollars in thousands]

Organized Instruction research OSA

FACILITIES GROUP Depreciation/Use Allowance: ÐBuildings ...... $lll $lll $lll ll% ll% ll% ÐEquipment ...... $lll $lll $lll ll% ll% ll% ÐLand Improvements ...... $lll $lll $lll ll% ll% ll% Interest Expense ...... $lll $lll $lll ll% ll% ll% Operation & Maintenance ...... $lll $lll $lll ll% ll% ll% Library ...... $lll $lll $lll ll% ll% ll%

VerDate 18-JUN-99 17:25 Aug 11, 1999 Jkt 183247 PO 00000 Frm 00090 Fmt 4703 Sfmt 4706 E:\FR\FM\12AUN1.XXX pfrm07 PsN: 12AUN1 Federal Register / Vol. 64, No. 155 / Thursday, August 12, 1999 / Notices 44065

BASE YEAR RATE CALCULATION SUMMARY BY MAJOR FUNCTIONÐContinued [Dollars in thousands]

Organized Instruction research OSA

ADMINISTRATIVE GROUP General ...... $lll $lll $lll ll% ll% ll% Departmental ...... $lll $lll $lll ll% ll% ll% Sponsored Projects ...... $lll $lll $lll ll% ll% ll% Student Services ...... $lll $lll $lll ll% ll% ll% Adjustment for 26% Limitation ...... ll% ll% ll%

MODIFIED TOTAL DIRECT COST AND F&A RATES On-Campus ...... $lll $lll $lll ll% ll% ll% Off-Campus ...... $lll $lll $lll ll% ll% ll% Other ...... $lll $lll $lll ll% ll% ll% Total ...... $lll $lll $lll ll% ll% ll%

COMPOSITION OF RATE BASE Federal Awards: On-Campus (negotiated rates) ...... $lll $lll $lll Off-Campus (negotiated rates) ...... $lll $lll $lll Research Training Awards ...... $lll $lll $lll Other Awards (not based on negotiated rates) ...... $lll $lll $lll Non-Federal Sources ...... $lll $lll $lll Total ...... $lll $lll $lll

MISCELLANEOUS STATISTICS Cost Sharing in Rate Base ...... $lll $lll $lll Assignable Square Feet (ASF) by Major Function ...... lllll lllll lllll Percent of ASF Financed ...... ll% ll% ll%

Part I—Example–Summary Data Elements for F&A Proposal—Part A Name of Institution: University of XYZ Organization Number: (Federal Use Only) Address: 100 Main St Somewhere, ST 12345 a. Cognizant Federal Agency Rate Setting: HHS Audit: HHS b. Type of Institution Private ( ) Public/State (X) c. Fiscal Year July 1, 1997–June 30, 1998 d. Population Students: 12,000 Faculty: 1,759 Staff: 2,798 e. Status of Disclosure Statement: Required to Submit (Y/N)? Yes Due Dates: Initial: 06/30/98 Revised: 12/31/98 Date Submitted: 12/10/98 Approved: (X) Yes ( ) No Date: 06/13/99 f. Most Current F&A Rates (i.e., final, predetermined, fixed) (Last three fiscal years)

On-campus Fiscal year Date of rate On-campus organized On-campus Off-campus Off-campus Off-campus Type of rate covered agreement instruction research OSA* instruction organized OSA* (percent) (percent) research

Pred ...... 1999 09/15/96 78.0 52.5 38.3 26.0 26.0 20.0 Pred ...... 1998 09/15/96 78.0 52.5 35.0 26.0 26.0 20.0 Pred ...... 1997 09/15/96 76.0 53.0 35.0 26.0 26.0 20.0 (* OSA=Other Sponsored Activities) g. Base year costs associated with new buildings placed into service within the last five years (i.e., base year and four preceding years) by major functions proposed (dollars in thousands).

Organized Instruction research OSA

Building Depreciation or Use Allowance ...... 729 2,639 0 Interest Expense ...... 0 1,794 0 Operation and Maintenance ...... 1,280 4,632 0

VerDate 18-JUN-99 11:03 Aug 11, 1999 Jkt 183247 PO 00000 Frm 00091 Fmt 4703 Sfmt 4706 E:\FR\FM\A12AU3.098 pfrm07 PsN: 12AUN1 44066 Federal Register / Vol. 64, No. 155 / Thursday, August 12, 1999 / Notices

h. Dollar amounts by major functions proposed—Base Year (in thousands)

Organized re- Instruction search OSA

Salaries & Wages/Fringes: ÐProfessional/Professorial ...... 27,000 57,750 6,050 ÐOther Labor ...... 9,400 6,000 5,000 Non-labor Costs ...... 19,600 21,250 1,950

Modified Total Direct Costs ...... 56,000 85,000 13,000

i. Percentage of cost pool dollars allocated to major functions proposed—Base Year

[In percent]

Organized Instruction research OSA Other Total

Building Depreciation or Use Allowance ...... 40.0 44.0 2.5 13.5 100.0 Equipment Depreciation or Use Allowance ...... 34.2 27.7 2.1 36.0 100.0 Interest Expense ...... 29.9 32.4 1.9 35.8 100.0 Operation and Maintenance ...... 32.8 35.6 2.1 29.5 100.0 Library ...... 75.3 10.9 0.9 12.9 100.0

j. Proposed methodology for library costs: Standard Method: Yes Special Study: No k. Procedure for claiming fringe benefit costs: Specific Identification: No Negotiated Rate: Yes Other (see attached) ll Part I—Example—Summary Data Elements for F&A Proposal—Part B Name of Institution: University of XYZ Base (or Data) Year: 07/01/97 to 06/30/98

BASE YEAR RATE CALCULATION SUMMARY BY MAJOR FUNCTION [Dollars in thousands]

Organized Instruction research OSA

FACILITIES GROUP Depreciation/Use Allowance: ÐBuildings ...... 4,861 9.6% 5,278 6.9% 306 2.6% ÐEquipment ...... 3,082 6.1% 2,496 3.3% 194 1.7% ÐLand Improvements ...... 1,992 4.0% 133 0.2% 17 0.1% Interest Expense ...... 1,944 3.9% 2,111 2.8% 122 1.0% Operation & Maintenance ...... 8,532 16.9% 9,264 12.1% 536 4.6% Library ...... 7,910 15.7% 1,146 1.5% 96 0.8%

ADMINISTRATIVE GROUP General ...... 1,535 2.7% 2,330 2.7% 356 2.7% Departmental ...... 11,991 21.4% 17,239 20.3% 2,797 21.5% Sponsored Projects ...... 89 0.2% 2,693 3.2% 412 3.2% Student Services ...... 4,166 7.4% 0 0.0% 0 0.0% Adjustment for 26% Limitation ...... ¥5.7% ¥0.2% ¥1.4%

MODIFIED TOTAL DIRECT COST AND F&A RATES On-Campus ...... 50,400 82.2% 76,500 52.9% 11,700 38.3% Off-Campus ...... 5,600 26.0% 8,500 26.0% 1,300 26.0% Other ...... 00.0% 00.0% 00.0%

Total MTDC ...... 56,000 85,000 13,000

COMPOSITION OF RATE BASE Federal Awards: On-Campus (negotiated rates) ...... 1,000 46,000 900 Off-Campus (negotiated rates) ...... 120 5,000 400 Research Training Awards ...... 0 0 0 Other Awards (not based on negotiated rates) ...... 1,680 8,500 2,600 Non-Federal Sources ...... 53,200 25,500 9,100

VerDate 18-JUN-99 17:25 Aug 11, 1999 Jkt 183247 PO 00000 Frm 00092 Fmt 4703 Sfmt 4706 E:\FR\FM\12AUN1.XXX pfrm07 PsN: 12AUN1 Federal Register / Vol. 64, No. 155 / Thursday, August 12, 1999 / Notices 44067

BASE YEAR RATE CALCULATION SUMMARY BY MAJOR FUNCTIONÐContinued [Dollars in thousands]

Organized Instruction research OSA

Total ...... 56,000 85,000 13,000

MISCELLANEOUS STATISTICS Cost Sharing in Rate Base ...... (10,000) 10,000 0 Assignable Square Feet (ASF) by Major Function ...... 83,611 90,778 5,256 Percent of ASF Financed (1) ...... 7.0 20.0 30.0

Note (1): Ratio of ASF subject to financing divided by total ASF. If 20% of a building’s acquisition cost is financed, then 20% of the ASF is considered ASF financed. Part II—Introduction This Part contains the standard documentation requirements that are needed by your cognizant agency to perform a review of your institution’s F&A cost proposal. This documentation supports the development of proposed rates shown in Part I and will be submitted with your F&A cost proposal. This listing contains minimum documentation requirements. Additional documentation may be needed by your cognizant agency before completing a proposal review. If there are any questions about these requirements, please contact your cognizant agency. Documentation requirements would be cross-referenced to appropriate schedule(s) within the submitted F&A cost proposal. General Information Reference: ll 1. Copy of CPA audited certified (or State Auditor) financial statements including any affiliated organizations. The statements must be reconciled to the F&A base year cost calculation. Copy of most recently issued A–133 audit reports ll 2. Copy of relevant detail supporting the financial statement, including a reconciliation schedule for each cost pool and rate base in the F&A base year cost calculation. A reconciliation schedule will show each reclassification and adjustment to the financial statements to arrive at the cost pools and rate bases in F&A base year cost calculation. Each reclassification and adjustment must be explained in notes to the reconciliation schedule ll 3. Cost step-down schedule showing allocation of each F&A cost pool to the Major Functions and other cost pools ll 4. Explanation for each proposed organized research rate component which exceeds 10% of the prior negotiated rate component ll 5. Schedule by college or school breaking down the organized research base into amounts associated with (a) Federal awards receiving F&A cost based on the negotiated rate agreement, (b) Federal awards receiving less than the negotiated rates, (c) non-Federal awards, and (d) cost sharing ll 6. Schedules clearly detailing composition and allocation base(s) of each F&A cost pool in base year cost calculation ll 7. Narrative description of composition of each F&A cost pool and allocation methodology. If the institution has filed a DS– 2 submission, specific references (rather than narrative descriptions) from the DS–2 may be used ll 8. Narrative description of changes in accounting or cost allocation methods made since the institution’s last F&A submission ll 9. Copy of reports on the conduct and results of special studies ll 10. Copy of the following: (a) The Certificate of F&A Costs (b) Lobbying Certification (c) Description of procedures used to ensure that awards issued by the Federal Government do not subsidize the F&A costs allocable to awards made by non-Federal sources (e.g., industry, foreign governments) (d) Statement concerning the physical inventory requirement to support claims for depreciation/use allowance charges (e) Assurance Certification—for those institutions listed on Exhibit A—concerning disposition of Federal reimbursements associated with claims for depreciation/use allowances (f) Assurance statement that institution is in compliance with Federal awarding agency limitations on compensation (e.g., NIH salary limitation, executive compensation) ll 11. If applicable, reconciliation of carry-forward amounts from prior years used in the current proposal ll 12. Transmittal letter stipulating the type(s) of rates proposed, the fiscal year(s) covered by the proposal and the base year used Rate Proposal Summary by Major Function ll 1. Summary of F&A base year rates calculated by Major Function and special rates (e.g., vessel rates) if applicable by component. These would be grouped by Administrative Components and Facilities Components. Total base year calculated rates would be disclosed, as well as allowable rates after the 26 percent limitation on Administrative Components ll 2. Breakout of Modified Total Direct Cost (MTDC) rate base figures for each major function (and special rates, if applicable) by: (1) On-Campus and Off-Campus amounts (2) Federal awards a. Based on Negotiated Rates—On-Campus b. Based on Negotiated Rates—Off-Campus c. Research Training Awards d. Other Awards Not Based on Negotiated Rates (3) Non-Federal Sources ll 3. Miscellaneous Statistics including: (1) Cost Sharing (including Mandatory and Voluntary amounts) in the Rate Base (2) Assignable Square Feet (ASF) by Major Function (3) Percentage of ASF which is financed (by Major Function) (4) Breakout of Direct Salaries and Wages and fringe benefits by Professional/Professorial and Other (by Major Function) ll 4. Future rate adjustments, if necessary, related to material changes since the base year. A clear description of the justification for each of the following: (1) Changes by cost pool by year (2) Changes in MTDC base by year

VerDate 18-JUN-99 11:03 Aug 11, 1999 Jkt 183247 PO 00000 Frm 00093 Fmt 4703 Sfmt 4706 E:\FR\FM\A12AU3.100 pfrm07 PsN: 12AUN1 44068 Federal Register / Vol. 64, No. 155 / Thursday, August 12, 1999 / Notices

(3) Changes in F&A rates for future years ll 5. Summary of future F&A rates, if necessary, by Major Function and special rates (e.g., vessel rates) which lists each administrative and facilities component by year. Building Use Allowance and/or Depreciation ll 1. Reconciliation of building cost used to compute use allowance and/or depreciation with the financial statements. If depreciation is claimed in the F&A proposal and disclosed on the financial statements, provide a reconciliation of depreciation amount with the financial statements. Note: If an institution’s financial statements do not disclose depreciation expense (those subject to GASB), a reconciliation of claimed depreciation expense to the financial statements is not possible. ll 2. Schedule showing amount by building of use allowance and/or depreciation distributed to all functions ll 3. If a method different from the standard square footage allocation method was used, describe method. Provide justification for its use and a schedule of allocation. If institution has filed a DS–2 submission, claimed allocation methodology may be referenced to specific section of the DS–2 ll 4. If depreciation is claimed, describe what useful lives by group and component have been used Equipment Use Allowance and/or Depreciation ll 1. Reconciliation of equipment cost used to compute use allowance and/or depreciation with the financial statements. If depreciation is claimed in the F&A proposal and disclosed on the financial statements, provide a reconciliation of depreciation amount with the financial statements. Note: If an institution’s financial statements do not disclose depreciation expense (those subject to GASB), a reconciliation of claimed depreciation expense to the financial statements is not possible. ll 2. Schedule showing amount by building of use allowance and/or depreciation distributed to all functions ll 3. If a method different from the standard square footage allocation method was used, describe the method. Provide a justification for its use and a schedule of allocation. If institution has filed a DS–2 submission, claimed allocation methodology may be referenced to specific section of the DS–2 ll 4. If depreciation is claimed, describe what useful lives by asset class and component have been used Interest ll 1. Reconciliation of interest cost used in the F&A base year calculation to the financial statements ll 2. Schedule showing amount of interest assigned to each building and a distribution to all benefitting functions within each building for each proposed Major Function Space Survey ll 1. Summary schedule of square footage by school, department, building and function ll 2. The same schedule should then be sorted by school, building, department, and function ll 3. Copy of space inventory instructions, forms, and definitions Operations and Maintenance (O&M) ll 1. Summary schedule of each activity in O&M cost pool. It must show the costs by S&W/fringe benefits and all non-labor cost categories ll 2. Schedule showing amount of O&M costs distributed to all functions General Administration (G&A) ll 1. Summary schedule of each activity in the G&A cost pool. It must show the costs by S&W/fringe benefits and all non-labor cost categories ll 2. Schedule of costs in the modified total costs (MTC) allocation base ll 3. If a method different from the standard MTC allocation method was used, describe the method. Provide a justification for its use and a schedule of allocation. If institution filed a DS–2 submission, claimed allocation methodology may be referenced to specific section of the DS–2 Departmental Administration (DA) ll 1. Schedule of the DA summary by school, department and allocated to Major Functions by department ll 2. Schedule identifying costs by S&W/fringe benefits and non-labor costs by department for the following functions: (1) Direct (Major Functions) a. Instruction b. Organized Research c. Other Sponsored Activities d. Other (2) Departmental Administration (excluding Deans) (3) Dean’s office (4) Other, as appropriate S&W/fringe benefits shall be further identified as follows: (1) Faculty and other professional (2) Administrative (e.g., business officers, accountants, budget analysts, budget officers) (3) Technicians (e.g., lab technicians, glass washers) (4) Secretaries and clerical ll 4. Complete description of allocation method, bases and allocation sequences (e.g., direct charge equivalent, 3.6 percent allowance). If a method different from the standard MTC allocation method was used, describe the method. Provide a justification for its use and a schedule of allocation. If institution filed a DS–2 submission, claimed allocation methodology may be referenced to specific section of the DS–2 ll 5. Show a detailed example (i.e., illustration of your Direct Charge Equivalent (DCE) methodology) of the allocation process used for one department which has Instruction and Organized Research functions from each of the following schools: Medicine, Arts & Sciences and Engineering, as applicable Sponsored Projects Administration (SPA) ll 1. Summary schedule for each activity included in SPA cost pool. It should show costs by S&W/fringe benefits and all non- labor cost categories ll 2. Schedule of the sponsored projects direct costs in the MTC allocation base

VerDate 18-JUN-99 11:03 Aug 11, 1999 Jkt 183247 PO 00000 Frm 00094 Fmt 4703 Sfmt 4706 E:\FR\FM\A12AU3.103 pfrm07 PsN: 12AUN1 Federal Register / Vol. 64, No. 155 / Thursday, August 12, 1999 / Notices 44069 ll 3. If a method different from the standard sponsored projects MTC allocation method was used, describe method. Provide justification for its use and a schedule of allocation. If school filed a DS–2 submission, claimed allocation methodology may be referenced to specific section of the DS–2 Library ll 1. Summary schedule for each activity included in library cost pool. It would show costs by salaries and wages, books, periodicals, and all other non-labor cost categories ll 2. Schedule listing all credits to library costs ll 3. Schedule of Full Time Equivalents (FTE) and salaries and wages in the bases used to allocate library costs to users of library services ll 4. If the standard allocation methodology was not used, describe the alternative method and provide justification for its use. Provide schedules of allocation statistics by function. If school filed a DS–2 submission, claimed allocation methodology may be referenced to specific section of the DS–2 Student Services ll 1. If the proposed allocation base(s) differs from the stipulated standard allocation methodology provide: (a) Justification for use of a non-standard allocation methodology; (b) Description of allocation procedure; and (c) Statistical data to support proposed distribution process If school filed a DS–2 submission, claimed allocation methodology may be referenced to specific section of approved DS–2

[FR Doc. 99–20699 Filed 8–11–99; 8:45 am] (‘‘Act’’),1 and Rule 19b–4 thereunder,2 would require that the details of all BILLING CODE 3110±01±P notice is hereby given that on August 4, orders be recorded in an electronic 1998, the New York Stock Exchange, system prior to being represented or Inc. (‘‘NYSE’’ or Exchange’’) filed with executed on the Floor. The text of the RAILROAD RETIREMENT BOARD the Securities and Exchange proposed rule change follows. New text Commission (‘‘Commission’’) the is italicized. Sunshine Act Meeting; Notice of Public proposed rule change relating to the Meeting creation of a Floor audit trail. The Rule 123—Records of Orders Notice is hereby given that the Exchange submitted Amendment No. 1 Paragraphs headed ‘‘Given Out’’, ‘‘Receipt 3 Railroad Retirement Board will hold a to its proposal on December 21, 1998. of Orders’’, ‘‘Cancelled or Executed’’, and meeting on August 18, 1999, 9 a.m., at On June 8, 1999, the NYSE submitted ‘‘By Accounts’’, to be numbered (a), (b), (c) 4 the Board’s meeting room on the 8th Amendment No. 2. The proposed rule and (d), respectively. floor of its headquarters building, 844 change, as amended, is described in (e) System Entry Required North Rush Street, Chicago, Illinois, Items I, II, and III below, which Items have been prepared by the Exchange. No Floor member may represent or execute 60611. The agenda for this meeting an order on the Floor of the Exchange unless follows: The Commission is publishing this notice to solicit comments on the the details of the order have been first (1) Occupational Disability—FCE recorded in an electronic system on the proposed rule change, as amended, from Protocols Floor. Any member organization proprietary interested persons. (2) Fiscal Year 2001 Budget system used to record the details of the order (3) Year 2000 Issues I. Self-Regulatory Organization’s must be capable of transmitting these details The entire meeting will be open to the Statement of the Terms of Substance of to a designated Exchange data base within public. The person to contact for more the Proposed Rule Change such time frame as the Exchange may prescribe. The details of each order required information is Beatrice Ezerski, The Exchange proposes to adopt new to be recorded shall include the following Secretary to the Board, Phone No. (312) provisions In NYSE Rule 123, to provide data elements, any changes in the terms of 751–4920. for the capturing of details of an order the order and cancellations, in such form as systemically on the Floor of the Dated: August 10, 1999. the Exchange may from time to time Beatrice Ezerski, Exchange. The proposed provision prescribe: Secretary to the Board. 1. Symbol; 1 15 U.S.C. 78s(b)(1). [FR Doc. 99–20947 Filed 8–10–99; 10:10 am] 2. Clearing member organization; 2 17 CFR 240.19b–4. 3. Order identifier that uniquely identifies BILLING CODE 7905±01±M 3 In Amendment No. 1, the NYSE proposes to amend the discussion of the proposal contained in the order; the purpose section of the original filing to provide 4. Identification of member or member additional information about the proposed floor SECURITIES AND EXCHANGE organization recording order details; audit trail system. See Letter from James E. Buck, 5. Number of shares or quantity of security; COMMISSION Senior Vice President and Secretary, NYSE, to Richard Strasser, Assistant Director, Division of 6. Side of market; [Release No. 34±41706; File No. SR±NTSE± Market Regulation (‘‘Division’’), Commission, dated 7. Designation as market, limit, stop, stop 98±25] December 18, 1998 (‘‘Amendment No. 1’’). limit; 4 In Amendment No. 2, the NYSE proposes to 8. Any limit price and/or stop price; Self-Regulatory Organizations; Notice delete from the proposal those portions of the filing 9. Time in force; of Filing of Proposed Rule Change and relating to proposed amendments to NYSE Rule 134 (error accounts) and the adoption of new NYSE 10. Designation as held or not held; Amendment Nos. 1 and 2 Thereto by Rule 407A (member account disclosure). The NYSE 11. Any special conditions; the New York Stock Exchange, Inc., also proposes, among other things, to revise the 12. System-generated time of recording Relating to the Creation of a Floor proposed rule text to include a list of data elements order details, modification of terms of order Audit Trail to be recorded in an electronic system before an order has been represented or executed on the or cancellation of order; 13. Such other information as the August 4, 1999. Exchange’s trading floor. See Letter from Daniel Parker Odell, Assistant Secretary, NYSE, to Richard Exchange may from time to time require. Pursuant to Section 19(b)(1) of the Strasser, Assistant Director, Division, Commission, Securities Exchange Act of 1934 dated June 7, 1999 (‘‘Amendment No. 2’’). * * * * *

VerDate 18-JUN-99 18:14 Aug 11, 1999 Jkt 183247 PO 00000 Frm 00095 Fmt 4703 Sfmt 4703 E:\FR\FM\12AUN1.XXX pfrm07 PsN: 12AUN1 44070 Federal Register / Vol. 64, No. 155 / Thursday, August 12, 1999 / Notices

.20 Orders—For purposes of paragraph cancellations, must be entered into an it was transmitted or received, and the (e), an order shall be any written, oral or electronic system that records the order time an execution report was received. electronic instruction to effect a transaction. details specified in the rule, and records Mandatory order details specified in .21 Orders not subject to paragraph (e) the proposed amendments to NYSE recording requirements—Any order executed the time the order details were entered by a specialist, Competitive Trader or into the system and the time of any Rule 123 consist of: symbol; clearing Registered Competitive Market Maker for his modification or cancellation. This will member organization; order identifier or her own account and any orders which by be a system-generated timestamp. If a (as assigned by the member or member their terms are incompatible for entry in an proprietary system is used, this organization recording the order Exchange system relied on by a Floor timestamp will be generated by the details) 8 that uniquely identifies the member to record the details of the order in proprietary system rather than at the order; identification of member or compliance with this rule shall be exempt NYSE. This will require that proprietary member organization recording order from the order entry requirements of details; quantity; side of market (e.g., paragraph (e) above. systems and NYSE systems be .22 Time standards—Any member synchronized to a commonly used time buy, sell long, sell short, sell short organization proprietary system used to standard and format, as provided in exempt); designation as market, limit, record the details of an order for purposes of section .22 of the Supplementary stop or stop limit; limit price, stop price this rule must be synchronized to a material accompanying the proposed or stop limit price (if applicable); time commonly used time standard and format rule. in force (e.g., day, GTC, GTX);9 acceptable to the Exchange. 10 Members may use either a proprietary designation as held or not held; II. Self-Regulatory Organization’s or an Exchange system to comply with special conditions (e.g., rule 10b–18, Statement of the Purpose of, and the proposed rule. If a proprietary ‘‘G’’ order and any request by a Statutory Basis for, the Proposed Rule system is used, order details must be customer that an order not be Change sent to a designated NYSE data base. displayed); and, a system-generated timestamp. The proposed rule would In its filing with the Commission, the The systemic entry requirement would not be applicable to transactions also require the systemic entry of such Exchange included statements other details as the Exchange may concerning the purpose of, and basis for, initiated on the floor and executed by a registered competitive market maker, a require from time to time. the proposed rule change and discussed Data elements tied to execution, such any comments it received on the competitive trader or a specialist 7 for their own account, as such trades may as executing broker, contra broker, proposed rule change. The text of these execution time and price are not statements may be examined at the be initiated on the Floor and are already reported to the Exchange. required to be entered by this rule, as places specified in Item IV below. The they are not available at the time that Other than as noted above, before Exchange has prepared summaries, set order details are entered into the representing or executing an order on forth in Sections A, B, and C below, of system. NYSE Rule 132, the Exchange’s the most significant aspects of such the Floor, a member, whether acting as audit trail rule, requires that these statements. agent for another member on the Floor items, as well as account type and other or otherwise, is obligated to make sure items specified in that rule,11 A. Self-Regulatory Organization’s that the details of such order have been be Statement of the Purpose of, and entered in an electronic system in submitted for each round lot transaction Statutory Basis for, the Proposed Rule accordance with the requirements of effected on the Exchange, either directly Change this rule. The details of the order may to the Exchange (for non-regular way trades) or through a qualified clearing 1. Purpose be entered into the system by an agency which has agreed to supply the The Exchange has proposed a series of individual or organization other than the member who is representing or Exchange with such data (for regular initiatives to strengthen the regulation way trades). These requirements for of activities of members on the Floor. executing the order, but this does not relieve such member of the obligation One of the initiatives, proposed here, is 8 The Broker Booth Support System automatically the adoption of new provisions in NYSE not to represent the order unless such assigns a unique order identifier to the order, but Rule 123 for recording the details of an details have been recorded in an a member or member organization can choose order, as well as any modification or electronic system. instead to override this feature and assign its own This proposed rule change does not unique identifier. cancellation of such order, in an 9 NYSE Rule 13 provides that, if not executed, a electronic system prior to representing replace existing requirements for day order expires at the end of the Exchange’s 9:30 or executing an order on the Floor. The recording orders contained in Exchange a.m. to 4:00 p.m. trading session; an order order initiatives, which consist of or Commission rules. For example, designated ‘‘GTC’’ remains in effect until it is either NYSE Rule 123, under the heading executed during the Exchange’s 9:30 a.m. to 4:00 amendments to NYSE Rule 134 p.m. trading session or cancelled. An order governing error accounts and the ‘‘Receipt of Orders,’’ requires each designated ‘‘GTX’’ is similar to a GTC order, but is adoption of new Rule 407A regarding member to preserve for three years a also eligible for execution during the Exchange’s Floor member account disclosure, have record of every order received by that Off-Hours Trading Session. An order designated as 5 member on the Floor from off the Floor, good until a specific time would be recorded in a been removed from this filing. These separate memo field (rather than in the time in force proposed rule changes have been including the time when such order was field) as a special condition or special instruction. resubmitted in a separate filing.6 received. NYSE Rule 410 requires each 10 Also recorded in a separate memo field (or The proposed amendment to NYSE member or member organization to fields) that will allow other special instructions and Rule 123 defines an order as any preserve for three years a record of every special conditions to be entered in a free format. written, oral or electronic instruction to order transmitted to the Floor or 11 NYSE Rule 132.30 requires the submission of the following trade data elements; (1) Security name effect a transaction. Paragraph (e) of the received and carried to the Floor by or symbol; (2) number of shares or quantity of proposed rule requires that, prior to such member or member organization, security; (3) transaction price; (4) time the trade was being represented, an order, including including the name and amount of executed; (5) executing broker badge number or any changes in its terms and any security, the terms of the order, the time symbol; (6) contra side broker badge number or symbol; (7) clearing firm number or symbol; (8) contra side clearing firm number or symbol; (9) 5 See Amendment No. 2, supra note 4. 7 See paragraph .20 of Supplementary Material account type; and (10) such other information as the 6 See File No. SR–NYSE–99–25. accompanying the proposed rule. Exchange may require.

VerDate 18-JUN-99 11:03 Aug 11, 1999 Jkt 183247 PO 00000 Frm 00096 Fmt 4703 Sfmt 4703 E:\FR\FM\A12AU3.107 pfrm07 PsN: 12AUN1 Federal Register / Vol. 64, No. 155 / Thursday, August 12, 1999 / Notices 44071 audit trail submissions have been in BBSS or comply with the Rule would be The Exchange believes that the place since 1985 and are separate from exempt for orders that could not be implementation of this system will the proposed rule change.12 entered through BBSS until such time as allow the NYSE to track more accurately The Exchange is proposing to design BBSS is compatible with the entry of via systemic records whether an order a data base system that will enable such orders. Section .21 of the has been received on the Floor prior to compliance with this rule and enhance Supplementary Material to the proposed its execution. It also would address the its Broker Booth Support System rule would specify that any orders issue of falsification of order entry (‘‘BBSS’’) to support various trading which by their terms are incompatible times. Therefore, the Exchange believes floor business models, while for entry in an Exchange system relied that its ability to surveil for anomalous minimizing the impact on the timely on by a Floor member to record the trading situations—such as on-Floor execution of orders. According to the details of the order in compliance with trading and the creation of inaccurate NYSE, these systems are being the proposed rule shall be exempt from records, frontrunning of orders, and developed in consultation with various its order entry requirements. However, improper execution of customers’ member committees as well as the if a proprietary system is used, that orders—will be enhanced. individuals on the Upstairs Traders system must be capable of transmitting If the Exchange, upon investigation, Advisory Committee and the Exchange details of all orders to the Exchange data determines that a particular violation of Traders Advisory Committee. In base. this proposed rule is minor in nature, addition, the Exchange has interviewed The NYSE’s system development plan the Exchange could issue a cautionary individual brokers, member firm includes building a new database to letter. The Exchange would consider technology departments, and service collect and consolidate records of orders seeking approval to add the proposed bureaus. in NYSE systems and orders that are provisions of NYSE Rule 123 to the list In addition to the data elements of rules contained in NYSE Rule 476A, required by NYSE Rule 123, the sent to the Exchange Floor for execution through a member firm’s proprietary which provides for the imposition of Exchange’s data base system will be able fines for minor violations of rules. In to record optional order data elements, system. The NYSE systems will be designed to provide for member firms’ those instances where investigation including special instructions (e.g., go reveals a more serious violation or along, percent of volume), account type proprietary systems interface to the NYSE data base in Common Message repetitive violations of NYSE Rule 123, identifier (this is optional or order entry the Exchange would commence but mandatory on submission to trade Switch (‘‘CMS’’), Financial Information Exchange Protocol (‘‘FIX’’), or other disciplinary procedures under NYSE comparison for audit trail), account Rule 476.14 number and any other information the NYSE-approved industry standard firm chooses to include in the record, format. Such systems must submit a 2. Statutory Basis provided it is consistent with the copy of the order details to the NYSE data base upon receipt of the order by The Exchange believes that the basis format(s) accepted by the Exchange. under the Act for the proposed rule The Exchange also plans to modify the member firm’s proprietary system on the Floor.3 An ‘‘as of’’ time indicator change is the requirement under Section the existing BBSS to enable compliance 15 will be required for orders entered late 6(b)(5) that an exchange have rules at trading floor booths for firms that that are designed to promote just and choose a NYSE (versus a proprietary) due to system problems. Member firms would have to notify the Exchange by equitable principles of trade, to remove system to comply with the proposed impediments to and perfect the rule. The BBSS enables firms to enter the end of the following day and provide documentation of the system mechanism of a free and open market orders that are phoned to the Floor; to and a national market system, and, in receive orders delivered to the booth problem that necessitated the use of an ‘‘as of’’ time indicator. general, to protect investors and the systemically via a proprietary system/ public interest. According to the NYSE, NYSE system interface; and to enter The Exchange intends to the proposed rule change is designed to orders from off-floor using a NYSE communicate its system plan to member accomplish these ends by strengthening system. The planned enhancements to firms, then finalize NYSE system the Exchange’s ability to surveil the BBSS are designed to support entry of specifications, and issue interface Floor activities of members. all order types and all required specifications to member firms. The information as well as to speed data effective date of the proposed rule will B. Self-Regulatory Organization’s entry by providing quick entry be based on the implementation of Statement on Burden on Competition templates and other data entry enhancements to NYSE systems as well The Exchange does not believe that enhancements. The BBSS upgrade as the state of readiness of the member the proposed rule change will impose would also improve order and firm community. The current target is to any burden on competition that is not information management features complete NYSE systems enhancements necessary or appropriate in furtherance resulting in operational efficiencies for by the end of second quarter 2000. of the purposes of the Act. the firms. However, this is subject to the BBSS does not currently accept orders completion of specification and design C. Self-Regulatory Organization’s with fractional prices less than 1/64 or work, as well as the finalization of Statement on Comments on the integer prices greater than 99,999. development, testing, and cutover Proposed Rule Change Received From However, orders with such prices will schedules. Members, Participants, or Others be accepted when NYSE systems are The Exchange has neither solicited converted to decimal format. In the 13 ‘‘Upon receipt’’ means as soon as practicable, nor received any written comments on event that BBSS cannot accommodate but no later than 60 seconds after receipt. This 60 the proposed rule change. such orders at the time NYSE Rule 123 seconds is intended to provide flexibility in implementation and is not intended to be becomes effective, brokers relying on incorporated into proprietary systems; e.g., a system 14 The Exchange does not include specific that was programmed to routinely transmit a copy reference to disciplinary matters in each rule 12 See File No. SR–NYSE–85–34 and Securities to the Exchange database system 60 seconds after because it believes the language in NYSE Rules 476 Exchange Act Release No. 22444 (September 20, receipt of an order would not comply with the and 476A in all-encompassing. 1985). system requirement. 15 15 U.S.C. 78f(b)(5).

VerDate 18-JUN-99 11:03 Aug 11, 1999 Jkt 183247 PO 00000 Frm 00097 Fmt 4703 Sfmt 4703 E:\FR\FM\A12AU3.108 pfrm07 PsN: 12AUN1 44072 Federal Register / Vol. 64, No. 155 / Thursday, August 12, 1999 / Notices

III. Date of Effectiveness of the SECURITIES AND EXCHANGE II. Self-Regulatory Organization’s Proposed Rule Change and Timing for COMMISSION Statement of the Purpose of, and Commission Action Statutory Basis for, the Proposed Rule Change Within 35 days of the date of [Release No. 34±41712; File No. SR±PCX± 99±26] publication of this notice in the Federal In its filing with the Commission, the self-regulatory organization included Register or within such longer period (i) Self-Regulatory Organizations; Pacific as the Commission may designate up to statements concerning the purpose of Exchange, Inc.; Notice of Filing and and basis for the proposed rule change 90 days of such date if it finds such Order Granting Accelerated Approval longer period to be appropriate and and discussed any comments it received of Proposed Rule Change and on the proposed rule change. The text publishes its reason for so finding or (ii) Amendments No. 1 and 2 Thereto of these statements may be examined at as to which the self-regulatory Relating to the Minimum Variation for the places specified in Item III below. organization consents, the Commission Nasdaq-100 Shares and Disclaimer of The self-regulatory organization has will: Liability With Respect to the Nasdaq- prepared summaries, set forth in (a) By order approve such proposed 100 Index sections A, B and C below, of the most rule change, or significant aspects of such statements. August 5, 1999. (b) Institute proceedings to determine A. Self-Regulatory Organization’s whether the proposed rule change Pursuant to Section 19(b) of the Statement of the Purpose of, and should be disapproved. Securities Exchange Act of 1934 Statutory Basis for, the Proposed Rule 1 2 (‘‘Act’’) and Rule 19b–4 thereunder, Change IV. Solicitation of Comments notice is hereby given that on July 28, 3 1. Purpose Interested persons are invited to 1999, the Pacific Exchange, Inc. submit written data, views and (‘‘PCX’’ or ‘‘Exchange’’) filed with the The Exchange proposes to amend PCX arguments concerning the foregoing, Securities and Exchange Commission Rule 5.3(b), on trading differentials, to including whether the proposed rule (‘‘Commission’’ or ‘‘SEC’’) the proposed permit dealings in Nasdaq-100 Shares in change, as amended, is consistent with rule change as described in Items I and increments of 1/64th of $1.00. The the Act. Persons making written II below, which Items have been Nasdaq-100 Trust is a unit investment submissions should file six copies prepared by the self-regulatory trust sponsored by Nasdaq-Amex thereof with the Secretary, Securities organization. The Exchange Investment Product Services, Inc. with a and Exchange Commission, 450 Fifth subsequently filed Amendment No. 2 on portfolio based on the component stocks 4 Street, NW, Washington, DC 20549– July 30, 1999. The Commission is of the Nasdaq-100 Index. The Exchange intends to trade the Nasdaq-100 Shares 0609. Copies of the submission, all publishing this notice to solicit pursuant to unlisted trading privileges subsequent amendments, all written comments on the proposed rule change under the Exchange’s Portfolio statements with respect to the proposed from interested persons, and simultaneously is approving the filing. Depositary Receipts Rules 8.300 et seq.5 rule change that are filed with the Further, the Exchange proposes to Commission, and all written I. Self-Regulatory Organization’s codify language in PCX Rule 8.300, communications relating to the Statement of the Terms of Substance of Commentary .03, to reflect that the proposed rule change between the the Proposed Rule Change Exchange will trade Nasdaq-100 Shares Commission and any person, other than pursuant to unlisted trading privileges.6 those that may be withheld form the The Exchange proposes to amend its These securities are currently traded on public in accordance with the rules on trading differentials to permit the Amex in increments of 1/64th of provisions of 5 U.S.C. 552, will be dealings in Nasdaq-100 Shares of the $1.00,7 and thus, the Exchange believes available for inspection and copying in Nasdaq-100 Trust (‘‘Nasdaq-100 that it is appropriate to trade these the Commission’s Public Reference Shares’’) in increments of 1/64th of securities on the Exchange with the Room. Copies of such filing will also be $1.00, and to amend its Portfolio same minimum increment of 1/64th of available for inspection and copying at Depositary Receipts rules to include a $1.00 as well. the principal office of the NYSE. All disclaimer of liability with respect to In connection with the Exchange’s submissions should refer to File No. the Nasdaq-100 Index in connection licensing agreement with the Nasdaq SR–NYSE–98–25 and should be with the trading of the Nasdaq-100 Stock Market (‘‘Nasdaq’’), relating to submitted by September 7, 1999. Shares. liability for the calculation of the For the Commission, by the Division of Nasdaq-100 Index in connection with 1 15 U.S.C. 78s(b)(1). Market Regulation, pursuant to delegated the trading of the Nasdaq-100 Shares, 2 17 CFR 240.19b–4. authority.16 the Exchange proposes to add PCX Rule 3 The proposal was originally submitted on July 8.300(g) to codify a rule governing Margaret H. McFarland, 21, 1999, but was not complete. The Exchange disclaimers of liability relating to the Deputy Secretary. subsequently submitted Amendment No. 1, which Nasdaq-100 Index. The Exchange replaced the original filing in its entirety. [FR Doc. 99–20851 Filed 8–11–99; 8:45 am] 4 In Amendment No. 2, the Exchange proposes (1) represents that proposed PCX Rule BILLING CODE 8010±01±M to add a new commentary .03 to PCX Rule 8.300 8.300(g) is consistent with the to state that the Exchange will trade, pursuant to unlisted trading privileges, Nasdaq-100 Shares that 5 The Exchange represents that American Stock will be based on the Nasdaq-100 Index; and (2) to Exchange’s (‘‘Amex’’) PDR Rules 1000 through 1003 amend proposed PCX Rule 8.300(g) relating to and the PCX’s PDR rules 8.300(a) through 8.300(f) disclaimers of liability of the Nasdaq-100 Index. See are substantially the same. Letter from Robert P. Pacileo, Attorney, PCX, to 6 See Amendment No. 2, supra note 4. Michael A. Walinskas, Associate Director, Division 7 See Securities Exchange Act Release No. 41119 of Market Regulation, Commission, dated July 29, (February 26, 1999), 64 FR 11510 (March 9, 1999) 16 17 CFR 200.30–3(a)(12). 1999 (‘‘Amendment No. 2’’). (SR–Amex–98–34).

VerDate 18-JUN-99 11:03 Aug 11, 1999 Jkt 183247 PO 00000 Frm 00098 Fmt 4703 Sfmt 4703 E:\FR\FM\A12AU3.110 pfrm07 PsN: 12AUN1 Federal Register / Vol. 64, No. 155 / Thursday, August 12, 1999 / Notices 44073 disclaimer of liability language adopted IV. Commission’s Findings and Order For the Commission, by the Division of by the Amex in its Rule 1006.8 Granting Accelerated Approval of Market Regulation, pursuant to delegated Proposed Rule Change and Amendment authority.15 2. Statutory Basis Nos. 1 and 2 Margaret H. McFarland, Deputy Secretary. The Exchange believes that this The Commission finds that the PCX’s proposal is consistent with Section 6(b) proposed rule change and Amendment [FR Doc. 99–20849 Filed 8–11–99; 8:45 am] of the Act,9 in general, and furthers the Nos. 1 and 2 are consistent with the BILLING CODE 8010±01±M objectives of Section 6(b)(5),10 in requirements of the Act and the rules and regulations thereunder applicable to particular, in that it is designed to SECURITIES AND EXCHANGE a national securities exchange.11 promote just and equitable principles of COMMISSION trade, to foster cooperation and Specifically, the Commission believes coordination with persons engaged in that the proposal is consistent with Section 6(b)(5) of the Act 12 because it [Release No. 34±41711; File No. SR±PHLX± regulating, clearing, settling, processing 99±24] information with respect to, and will facilitate transactions in securities facilitating transactions in securities, by permitting the PCX: (1) To trade Self-Regulatory Organizations; Notice and in general, to protect investors and Nasdaq-100 Shares, on a UTP basis, in of Filing and Immediate Effectiveness the public interest. increments of 1/64th of $1.00, and (2) to of Proposed Rule Change by the adopt a disclaimer of liability rule Philadelphia Stock Exchange, Inc. B. Self-Regulatory Organization’s relating to the Nasdaq-100 Index, Relating to the Establishment of a Fee Statement on Burden on Competition consistent with the license agreement to Members for Receiving On-line between Nasdaq and the Exchange. Options Information The Exchange does not believe that The Exchange has requested that the the proposed rule change will impose Commission find good cause pursuant August 5, 1999. any burden on competition. to Section 19(b)(2) of the Act for Pursuant to Section 19(b)(1) of the C. Self-Regulatory Organization’s approving the proposed rule change and Securities Exchange Act of 1934 Amendment Nos. 1 and 2 prior to the 1 2 Statement on Comments on the (‘‘Act’’) and Rule 19b-4 thereunder, thirtieth day after the publication of the Proposed Rule Change Received From notice is hereby given that on June 29, proposal in the Federal Register. The Members, Participants, or Others 1999, the Philadelphia Stock Exchange, Commission believes that such action is Inc. (‘‘Phlx’’ or ‘‘Exchange’’) filed with No written comments were either appropriate, in that the proposed rule the Securities and Exchange solicited or received. change establishes the same minimum Commission (‘‘Commission’’ or ‘‘SEC’’) trading variation as the Amex has the proposed rule change as described III. Solicitation of Comments adopted for Nasdaq-100 Shares. Further, in Items I, II and III below, which Items the proposed rule relating to the have been prepared by the Exchange. Interested persons are invited to disclaimer of liability with respect to The Commission is publishing this submit written data, views and the Nasdaq-100 Index (as stated in notice to solicit comments on the arguments concerning the foregoing, Amendment No. 2 of the proposed rule proposed rule change from interested including whether the proposed rule change) is identical to the disclaimer of persons. change is consistent with the Act. liability adopted by the Amex.13 For the Persons making written submissions reasons set forth above, the Commission I. Self-Regulatory Organization’s should file six copies thereof with the does not believe that this proposal raises Statement of the Terms of Substance of Secretary, Securities and Exchange any new regulatory issues. Accordingly, the Proposed Rule Change Commission, 450 Fifth Street, NW, the Commission finds that there is good The Phlx proposes to adopt a real- Washington, DC 20549–0609. Copies of cause for approving the proposed rule time, trade information fee of $.0025 per the submission, all subsequent change and Amendment Nos. 1 and 2 trade for members receiving option amendments, all written statements prior to the thirtieth day after the trade information on-line (i.e., with respect to the proposed rule publication of the proposal in the electronically) from the Exchange, change that are filed with the Federal Register. beginning on July 1, 1999. Commission, and all written V. Conclusion II. Self-Regulatory Organization’s communications relating to the Statement of the Purpose of, and proposed rule change between the It is therefore ordered, pursuant to Section 19(b)(2) of the Act,14 that the Statutory Basis for, the Proposed Rule Commission and any person, other than Change those that may be withheld from the proposed rule change is hereby approved on an accelerated basis. In its filing with Commission, the public in accordance with the Phlx included statements concerning provisions of 5 U.S.C. 552, will be 11 In reviewing the proposed rule change, the the purpose of and basis for the available for inspection and copying at Commission considered its potential impact on proposed rule change and discussed any the Commission’s Public Reference efficiency, competition, and capital formation. 15 U.S.C. 78c(f). comments it received on the proposed Room. Copies of such filing will also be rule change. The text of these statements available for inspection and copying at 12 15 U.S.C. 78f(b)(5). 13 The Amex disclaimer of liability provision was may be examined at the places specified the principal office of the PCX. All approved in Securities Exchange Act Release Nos. in Item IV below. The Phlx has prepared submissions should refer to File No. 41119 (February 26, 1999), 64 FR 11510 (March 9, summaries, set forth in Sections A, B, SR–PCX–99–26 and should be 1999) (SR–Amex–98–34), and 41562 (June 25, 1999), 64 FR 36057 (July 2, 1999) (SR–Amex–99– and C below, of the most significant submitted by September 2, 1999. 22). It was subject to the full notice and comment aspects of such statements. process in Securities Exchange Act Release No. 8 See Amendment No. 2, supra note 4. 41119 and no comments were received with respect 15 17 CFR 200.30–3(a)(12). to the disclaimer. 9 15 U.S.C. 78f(b). 1 15 U.S.C. 78s(b)(1). 10 15 U.S.C. 78f(b)(5). 14 15 U.S.C. 78s(b)(2). 2 17 CFR 240.19b–4.

VerDate 18-JUN-99 11:03 Aug 11, 1999 Jkt 183247 PO 00000 Frm 00099 Fmt 4703 Sfmt 4703 E:\FR\FM\A12AU3.113 pfrm07 PsN: 12AUN1 44074 Federal Register / Vol. 64, No. 155 / Thursday, August 12, 1999 / Notices

A. Self-Regulatory Organization’s C. Self-Regulatory Organization’s For the Commission, by the Division of Statement of the Purpose of, and Statement on Comments on the Market Regulation, pursuant to delegated 9 Statutory Basis for, the Proposed Rule Proposed Rule Change Received From authority. Change Members, Participants, or Others Margaret H. McFarland, Deputy Secretary. 1. Purpose The Exchange has neither solicited [FR Doc. 99–20850 Filed 8–11–99; 8:45 am] Recently, the Exchange implemented nor received written comments on the BILLING CODE 8010±01±M an automation enhancement to the proposed rule change. options floor that provides option trade information on-line (i.e. electronically) III. Date of Effectiveness of the on a real-time basis. Members can now Proposed Rule Change and Timing for SMALL BUSINESS ADMINISTRATION choose to connect and log on to an Commission Action # interface to the options risk [Declaration of Disaster 3203; Amendment The foregoing rule change, which #1] management system to receive options establishes or changes a due, fee, or (equity and index options) transaction other charge imposed by the Exchange, State of Minnesota information real-time. Specifically, once has become effective pursuant to transaction information is in the In accordance with a notice received Section 19(b)(3)(A) of the Act 7 and AUTOM System, 3 it becomes available from the Federal Emergency to members such as clearing firms, who subparagraph (f)(2) of Rule 19b–4 Management Agency dated August 2, 8 may connect to the feature; clearing thereunder. The Exchange 1999, the above-numbered Declaration firms may determine to offer such implemented the fee on July 1, 1999. At is hereby amended to establish the information to floor traders any time within 60 days of the filing of incident period for this disaster as electronically, but the Exchange is not the proposed rule change, the beginning on July 4, 1999 and proposing to do so at this time. The Commission may summarily abrogate continuing through August 2, 1999. transaction information covered by this such rule change if it appears to the All other information remains the feature includes the type of information Commission that such action is same, i.e., the deadline for filing generally captured in Exchange systems necessary or appropriate in the public applications for physical damage is as a trade.4 Currently, such information interest, for the protection of investors, September 25, 1999 and for economic is made available to members in hard- or otherwise in furtherance of the injury the deadline is April 28, 2000. copy (paper ticket) form, which can be purposes of the Act. (Catalog of Federal Domestic Assistance confirmed against floor trader positions. IV. Solicitation of Comments Program Nos. 59002 and 59008) The Exchange has created this new Dated: August 4, 1999. electronic link to facilitate electronic Interested persons are invited to Bernard Kulik, position monitoring for options. The submit written data, views, and Associate Administrator for Disaster feature is voluntary and does not arguments concerning the foregoing, Assistance. replace the current hard-copy printing including whether the proposed rule [FR Doc. 99–20795 Filed 8–11–99; 8:45 am] of transaction information. Members change is consistent with the Act. BILLING CODE 8025±01±P choosing to log on to the feature will be Persons making written submissions charged $.0025 per trade.5 should file six copies thereof with the 2. Statutory Basis Secretary, Securities and Exchange SMALL BUSINESS ADMINISTRATION Commission, 450 Fifth Street, NW, The Exchange believes the proposed # Washington, DC 20549–0609. Copies of [Declaration of Disaster 3189; Amendment rule change is consistent with Section #4] 6(b)(4) of the Act 6 in that it provides for the submission, all subsequent the equitable allocation of reasonable amendments, all written statements State of North Dakota dues, fees and other charges among its with respect to the proposed rule members and other persons using its change that are filed with the In accordance with a notice received facilities. Commission, and all written on August 2, 1999 from the Federal communications relating to the Emergency Management Agency, the B. Self-Regulatory Organization’s proposed rule change between the above-numbered Declaration is hereby Statement on Burden on Competition Commission and any person, other than amended to extend the deadline for filing applications for physical damage The Exchange does not believe that those that may be withheld from the as a result of this disaster from August the proposed rule change will impose public in accordance with the 6, 1999 to September 7, 1999. any burden on competition. provisions of 5 U.S.C. 552, will be All other information remains the available for inspection and copying at 3 AUTOM is the Phlx Automatic Options Market same, i.e., the deadline for filing the Commission’s Public Reference applications for economic injury is System. See Phlx Rule 1080. Room. Copies of such filing also will be 4 This information includes the symbol, volume, March 8, 2000. available for inspection and copying at price, time and clearing information of the traded (Catalog of Federal Domestic Assistance security. Telephone conversation between Nandita the principal office of the Phlx. All Program Nos. 59002 and 59008) Yagnik, Council, Phlx, and Heather Traeger, submissions should refer to File No. Attorney, Division of Market Regulation Dated: August 4, 1999. SR–PHLX–99–24 and should be (‘‘Division’’), SEC, on July 16, 1999. Bernard Kulik, 5 The Exchange chose to charge a user fee rather submitted by September 2, 1999. than a flat fee to encourage more firms, including Associate Administrator for Disaster small firms, to use the feature because it is an Assistance. important risk management tool. Telephone [FR Doc. 99–20796 Filed 8–11–99; 8:45 am] conversation between Nandita Yagnik, Council, BILLING CODE 8025±01±P Phlx, and Heather Traeger, Attorney, Division, SEC, on July 19, 1999. 7 15 U.S.C. 78s(b)(3)(A). 6 15 U.S.C. 78f(b)(4). 8 17 CFR 240.19b–4(f)(2). 9 17 CFR 240.30–2(a)(12).

VerDate 18-JUN-99 11:03 Aug 11, 1999 Jkt 183247 PO 00000 Frm 00100 Fmt 4703 Sfmt 4703 E:\FR\FM\A12AU3.111 pfrm07 PsN: 12AUN1 Federal Register / Vol. 64, No. 155 / Thursday, August 12, 1999 / Notices 44075

DEPARTMENT OF STATE prevent or mitigate potentially adverse of the Border Station, the road to the Rio environmental impacts which the Grande is entirely on structure using the [Public Notice No. 3109] Sponsors intend to take, the Department four-lane international bridge section Office of Mexican Affairs; Notice of has concluded that issuance of a throughout. The length of this proposed Issuance of a Finding of No Significant Presidential Permit authorizing bridge structure is approximately 4,800 construction of the proposed Anzalduas feet. Impact (FONSI) With Regard to the # Issuance of a Presidential Permit for International Crossing, as proposed to Road Alternative 3: This alternative # the Anzalduas International Crossing, be constructed in Road Alternative 3 comprises a four-lane access road to a McAllen, Texas as set forth in the Final Environmental Border Station located approximately Assessment, would not have a 1,000 feet north of the Banker AGENCY: Department of State. significant impact on the quality of the Floodway. South of the Border Station, human environment within the United the roadway is to be constructed with SUMMARY: Notice is hereby given that States. Accordingly, a finding of no four roadway lanes and a sidewalk on the Department of State has issued a significant impact is adopted and an EIS one side for the entire segment south to Finding of No Significant Impact will not be prepared. the Rio Grande. This segment is to be (FONSI) on the human environment for ADDRESSES: Copies of the Presidential comprised of 2,200 feet of bridge across the Anzalduas International Crossing the Old Military Highway and the project sponsored by the Cities of Permit may be obtained from Mr. David E. Randolph, Coordinator, U.S.-Mexico Banker Floodway (identical to the McAllen, Hidalgo and Mission, Texas. international bridge section), 6,100 feet An initial draft of the environmental Border Affairs, Office of Mexican Affairs, Room 4258, Department of of approach road at grade south of the assessment of the proposed Anzalduas Floodway and 700 feet of international State, Washington, D.C. 20520, International Crossing was prepared by bridge to the center of the Rio Grande telephone (202) 647–8529. A copy of the Halff Associates, Inc.; Gutierrez, main channel. Smouse, Wilmut and Associates, Inc.; Department’s Final Environmental Road Alternative #4: This alternative together with Dr. Michael E. Tewes, Mr. Assessment is available for inspection is identical to Road Alternative # 3, Joe Idecker and Dr. John Keller for the in Room 4258 of the Department of State except that with respect to this sponsors, the Cities of McAllen, Hidalgo during normal business hours. alternative, the road remains on and Mission, Texas. SUPPLEMENTARY INFORMATION: The structure from the south edge of the Both the draft Environmental proposed action is to issue a Border Station all the way to the Rio Assessment and the draft Final Presidential Permit to the Cities of Grande. The road segment south of the Environmental Assessment of the McAllen, Hidalgo and Mission, Texas, Border Station is therefore 9,000 feet of Department of State (Draft Final EA) for the construction, operation and international bridge. have been reviewed by numerous maintenance of an international Other Alternatives: Two other federal and state agencies. Each such vehicular and pedestrian bridge, its alternative options are addressed in the ‘‘cooperating agency’’ has approved or approaches and facilities at the Final Environmental Assessment: (a) a accepted the draft Final EA, provided, international boundary between the no-action/no-build option; and (b) a in certain cases, that mitigation United States and Mexico, southwest of mass transit option. The Department has recommendations are followed. These McAllen, Texas, and adjacent to considered each of these options as an cooperating agencies are: Reynosa, Tamaulipas, Mexico (the alternative to construction of the U.S. Government: The Immigration proposed ‘‘Anzalduas International Anzalduas International Crossing and and Naturalization Service, U.S. Crossing’’). has determined that neither is feasible. Customs Service, Department of In considering option (a), the no- Factors Considered Agriculture, General Services action/no-build alternative, and option Administration, United States Section of The Department in this case (b), the option of Sponsors providing the International Boundary and Water considered four roadway crossing expanded public transportation services Commission, Department of construction alternatives. It should be between the cities of McAllen, Texas, Transportation, Department of the noted that each alternative contemplates and Reynosa, Mexico, the Department Interior, U.S. Coast Guard, initial construction of a four-lane road notes the continuing increase in traffic, Environmental Protection Agency, Food with ultimate build-out to eight lanes. including commercial truck traffic, on and Drug Administration, Federal The draft Final Environmental existing bridges in the general vicinity Emergency Management Assessment was prepared with this of the proposed Anzalduas International Administration, Department of Defense information in mind. The alternatives Crossing. and Department of Commerce. are described in detail in the draft Final The Department further notes the State of Texas: Texas Natural Environmental Assessment and in significant and growing need for Resource Conservation Commission, summary fashion as follows: effective transportation of people, Department of Public Safety, General Road Alternative #1: This alternative goods, and services between the United Land Office, Texas Historical comprises building a four-lane access States and Mexico. (Between 1994 and Commission, Texas Department of road and bridge to a Border Station, 1998, the value of U.S. trade with Transportation, Texas Parks and assumed to be constructed on fill, Mexico nearly doubled, from $100.3 Wildlife Department, Lower Rio Grande immediately south of the Banker billion to $173.7 billion.) In the longer Valley Development Council and Office Floodway. Beyond the Border Station, a term, trade with Mexico is likely to of the Secretary of State. four-lane approach road at grade would continue to increase as a result of the Based upon the Department’s be built to the main channel of the Rio increase in ‘‘maquiladoras’’ located in independent review of the Draft EA, the Grande, and a four-lane international the vicinity of the sponsoring cities Final EA, comments received during bridge elevated over the main channel. across the international boundary in their preparation and comments Road Alternative #2: This alternative Mexico. Reynosa is now one of the most received by the Department from federal comprises a four-lane access road and successful cities along the northern and state agencies including measures bridge to an identical Border Station Mexico frontier in attracting new which are proposed to be taken to location for Road Alternative # 1. South maquiladora plants.

VerDate 18-JUN-99 11:03 Aug 11, 1999 Jkt 183247 PO 00000 Frm 00101 Fmt 4703 Sfmt 4703 E:\FR\FM\A12AU3.150 pfrm07 PsN: 12AUN1 44076 Federal Register / Vol. 64, No. 155 / Thursday, August 12, 1999 / Notices

No action would likely result in proposed road construction south of the devices, using tarp covers on trucks saturation of the existing Hidalgo- Banker Floodway. Road Alternative #3 transporting refuse and construction Reynosa International Bridge causing initially contemplates a four-lane at- waste products on-site, wetting unpaved worse delays and gradual deterioration grade approach road while Road roadways, prohibiting any open burning of trade in the area. The Hidalgo- Alternative #4 would be constructed of construction waste products on-site, Reynosa International Bridge, heavily entirely on an elevated structure. and limiting unnecessary idling of congested during many hours of each Otherwise, and particularly with respect construction vehicles. Restoration of the day, ranks among the top of all Texas to potential environmental impacts, site by introducing grass and other border crossings with more than 40,000 there is no significant difference brush-type plantings would further vehicular crossings (two-way) on an between the two alternatives provided minimize fugitive dust emissions. average day. The preferred regional that agreed-upon mitigation measures Surface Hydrology: Development of action is to move through traffic and with respect to Road Alternative #3 are the Anzalduas International Crossing commercial traffic away from the center taken. Since Road Alternative #3 was will result in an increase in storm water of Reynosa, out to the Pharr the Sponsors’ preferred choice due to its runoff due to the increase in impervious International Bridge on the east and to substantially lower cost, a more detailed surfaces. The construction of the the Anzalduas International Crossing on assessment of Road Alternative #4 was proposed project will adhere to the the west. The no-action/no-build not considered necessary. Road applicable portions of the McAllen/ alternative would force a significant Alternatives #1 and #2 involve filling in Mission surface drainage criteria for the portion of the cross-border trips to travel the flood plain of the Rio Grande and collection and discharge of runoff so as through the crowded downtown elicited a particularly negative response, to not adversely impact downstream Reynosa street system or else divert up based in part on environmental properties. Long-term adverse impacts to ten miles to cross at the Pharr concerns, from federal agencies to surface waters are not anticipated due International Bridge. The diversion to including the United States Section of to the proposed project. Pharr could result in extra travel on the the International Boundary and Water River Channel and Floodplains: The order of 30 million vehicle miles per Commission (IBWC) and the Fish and proposed Border Station will be sited year, with gradually worsening effects Wildlife Service (FWS). Therefore, these outside the Rio Grande flood plain, thereafter. The no-action/no-build Road Alternatives were not further consistent with E.O. 11988 regarding a alternative is believed to be detrimental evaluated. National Policy on Flood Plain to the region in terms of economic Management which requires federal Summary of the Assessment of the development, energy use and agencies to ‘‘avoid to the extent possible Potential Environmental Impacts particularly air quality. The increased the long- and short-term adverse Resulting From the Proposed Action convenience offered by the new crossing impacts associated with the occupancy capacity in the area is expected to The Final Environmental Assessment and modification of flood plains. . . .’’ alleviate these problems. provides information on the The improvements result in zero rise in The provision of mass transit services environmental effects of the alternatives the upstream water surface and no loss for the existing international bridges outlined above regarding the placement of valley storage in the segment. would not meet projected commercial, of the Anzalduas International Crossing, Embankments required for the bridge non-passenger demands. There is and ‘‘no-action/no-build’’ and mass approaches between the Rio Grande and currently mass transit offered at the transit alternatives. On the basis of the the Banker Floodway will be existing Hidalgo-Reynosa International Final Environmental Assessment, the constructed with earth borrowed from Bridge, which services some 80,000 Department makes the following the road right-of-way within the commuters per month between Reynosa determinations regarding the potential floodway. No new fill dirt will be and downtown McAllen. The environmental impacts of Road imported into the floodway and the congestion at Hidalgo remains in spite Alternative #3, the preferred alternative. roadway will be designed to balance the of the use of mass transit, and the need Air Quality: This project is in an area existing conveyance within the for the Anzalduas crossing would not be that is in attainment of the National floodway. A computer hydraulic removed by the mass transit proposal. Ambient Air Quality Standards analysis performed by the Sponsors The proposed Anzalduas International (NAAQS). A microscale analysis for indicates that the project should result Crossing could have a beneficial effect Carbon Monoxide (CO) found that in no adverse deflection or obstruction on existing mass transit use in the area anticipated CO concentrations are less of the normal or flood flows of the Rio because it will reduce delays at the than the established CO standards of 35 Grande. However, approval by the IBWC existing Hidalgo-Reynosa International parts per million (ppm) and 9 ppm for will be considered only after it receives Bridge. The resulting improvement in one and eight hour periods, conceptual plans from both the U.S. and the frequency and speed of bus service respectively. The maximum anticipated the Mexican sponsors covering project may lead to increased use of this CO concentration for the year 2014 is components in the United States and service. In sum, increasing population, 36% for one hour and 60% for eight Mexico. urbanization, and commerce in the hours of the CO level of NAAQS. The Water Quality: The construction McAllen, Hidalgo and Mission, Texas/ impact on air quality from this project phase of the Anzalduas International Reynosa, Mexico, area mean that will not be significant. Crossing may lead to minor temporary existing problems of traffic congestion, While there is potential during the impacts on water quality. Existing water including those caused by commercial construction phase for any of the lines and sanitary sewer lines would be traffic, would likely negatively affect the alternatives involving new construction extended to serve the project site from environmental quality of the area if the to adversely affect air quality in the the Cities of Mission and McAllen. additional route provided by the short term from fugitive dust emissions Construction of the Crossing and related Anzalduas International Crossing were in and around the construction site due facilities will include measures to not provided. to construction operations, these effects prevent sediments from entering the Road Alternative #3 is the Sponsors’ may be mitigated by requiring adjacent waterways. Refuse and wastes preferred alternative. It differs from contractors to minimize exhaust from demolition and excavation will be Road Alternative #4 only with respect to emissions through emissions control contained and hauled offsite to a

VerDate 18-JUN-99 11:03 Aug 11, 1999 Jkt 183247 PO 00000 Frm 00102 Fmt 4703 Sfmt 4703 E:\FR\FM\A12AU3.151 pfrm07 PsN: 12AUN1 Federal Register / Vol. 64, No. 155 / Thursday, August 12, 1999 / Notices 44077 suitable place of disposal. Trucks will agricultural fields. The Border Station regarding the deflection or obstruction be routed and unloaded so as to prevent and roadway will impact approximately these may present. materials and debris from spilling into 236 acres of cultivated fields; the Border Traffic Noise: Construction noise is waterways. A storm water retention Station will be located approximately difficult to predict. Provisions should be pond approximately 250 feet by 150 feet 1,000 feet northwest of Granjeno. included in the plans and specifications will be constructed south of the north The City of McAllen, under the city’s that require the contractor to make every abutment of the Rio Grande bridge that property acquisition and relocation reasonable effort to minimize is designed to intercept and retain assistance policy, will compensate the construction noise through abatement runoff from the bridge deck so as to property owners being displaced by the measures such as work-hour controls, contain contaminants or spills. A pipe Border Station. The Border Station will proper maintenance of equipment drainage system will be constructed in be designed and constructed to muffler systems and usage of noise- the bridge superstructure in order to minimize impacts to Granjeno; a large controlled construction equipment. An carry storm water to the pond. landscaped berm will be constructed analysis of the existing and future traffic Hazardous Wastes: The proposed along the east side of the Border Station noise levels indicates that the proposed project is not located on or near any property to shield the facility. A 500- project will not result in any noise known hazardous waste facilities and feet-wide open space buffer will be impacts at any adjacent land use activity will not generate any hazardous wastes. preserved between the Border Station areas. No mitigation is required. The proposed and Granjeno. Wetlands: The U.S. Army Corps of Border Station will contain a hazardous Threatened and Endangered Species: Engineers conducted a site visit and waste containment unit in the truck The FWS has identified four federally- made a wetland determination of the dock area that would provide temporary listed endangered species that may be project area on April 29, 1992. The storage of hazardous waste if a spill present in the project area: the Corps determined that the project would occurred. The international bridge is jaguarundi, ocelot, northern aplomado not impact any wetland areas subject to drained in a contained system back to falcon and Walker’s manioc. The its jurisdiction. Because no wetland a retention pond near the north Sponsors have developed a detailed impacts are expected from the project, abutment. This pond would provide ‘‘Endangered Species Plan’’ in no wetland mitigation is required. temporary storage of hazardous waste if consultation and coordination with Environmental Justice: The project a spill occurred on the bridge deck. FWS to ensure that the bridge will not area is located in Hidalgo County, Historical and Archeological affect the federally-listed wildlife Texas, which the U.S. Census Bureau in Resources: The Texas Archaeological species known to exist in the Rio 1995 estimated to have a population of Research Laboratory determined that Grande Floodway corridor. Three large 479,000. The county population is there are no recorded archaeological wildlife underpasses will be constructed approximately 87% Hispanic. The sites located in the project area. An at agreed locations under the at-grade majority (99%) of land in the project archaeological and historical segment of the roadway. area is used for agriculture. As stated reconnaissance survey and shovel The Plan also includes the leasing of above, two houses in the project area testing carried out at the direction of the 160 acres of land located to the east of will need to be acquired; one of these Texas State Historic Preservation Office the proposed bridge to the FWS for two residences is owned by a minority $1.00 per acre to allow revegetation of found no evidence of archaeological or family. Acquisition of these properties farmlands. The initial lease of the land historic features in the project area. An will be accomplished under the to the FWS will revert to a donation unmarked cemetery may exist in the Uniform Relocation Assistance and Real when traffic begins to cross the vicinity of the entrance to Anzalduas Property Acquisition Policies Act of Anzalduas International Bridge. The County Park, well to the west of the 1970, as amended. Relocation resources Sponsors will execute payment of project site. The La Lomita Historic and assistance will be available to all $50,000 to the FWS for expenses District, which is listed on the National persons regardless of race, color, Register of Historic Places, is also associated with revegetation after religion, sex or national origin. The located to the west and outside of the diplomatic notes have been exchanged proposed project is expected to have a project site. between the United States and Mexico Land Use and Local Development authorizing bridge construction to positive impact on the economic Impacts: The majority of the land in the begin. characteristics of the area and therefore project area is used for agriculture and The Sponsors will grant Conservation no mitigation is required. Minority and low-income populations is unincorporated. The Cities of Mission Easements to the FWS covering a 400- and McAllen have extraterritorial foot-wide strip adjacent to the Rio will not be impacted disproportionately boundaries that extend into the area; the Grande, a 60-foot-wide strip of land in an adverse manner by the proposed Cities are cooperating in the along the western edge of the right-of- bridge, nor will there be any negative development of a land use master plan. way south of the Banker Floodway, and impacts to community cohesion or The City of Granjeno is located north of 1.6 acres of unused land under the neighborhood stability. the bridge site and comprises proposed Banker Floodway Bridge. The Conclusion approximately 90 homes; three other Sponsors will also construct a homes in the area are surrounded by stormwater retention pond south of the Analysis of the Environmental farmland. The FWS owns several tracts north abutment of the international Assessment Submitted by the Sponsors of land along the Rio Grande which bridge and three large wildlife Based upon the Department’s comprise a wildlife corridor. Anzalduas underpasses under the at-grade segment independent review of the Final County Park is owned by Hidalgo of the roadway. The revegetation Environmental Assessment, comments County on land acquired as part of the activities should not impede the received during its preparation and Anzalduas Dam and Banker Floodway conveyance of normal or flood flows in comments received by the Department flood control projects. the river and its floodplain. Such from federal and state agencies The construction of the Border Station activities will be considered in the same including measures which are proposed will require the displacement of two understandings as in River Channel and to be taken to prevent or mitigate single-family homes located in Floodplains (page 6 of the FONSI) potentially adverse environmental

VerDate 18-JUN-99 11:03 Aug 11, 1999 Jkt 183247 PO 00000 Frm 00103 Fmt 4703 Sfmt 4703 E:\FR\FM\A12AU3.153 pfrm07 PsN: 12AUN1 44078 Federal Register / Vol. 64, No. 155 / Thursday, August 12, 1999 / Notices impacts which the Sponsors intend to 60832. The bridge will carry pedestrian, SUMMARY: The FHWA is issuing this take, the Department has concluded that vehicular and commercial traffic, and is notice to advise the public that a issuance of a Presidential Permit intended to serve growing supplement to a final environmental authorizing construction of the neighborhoods on the west side of the impact statement will be prepared for a proposed Anzalduas International McAllen-Reynosa area. As a condition proposed highway project in Lawrence Crossing, as proposed to be constructed for the Presidential Permit, the Cities of County, Ohio. in Road Alternative #3 as set forth in the McAllen, Hidalgo and Mission have FOR FURTHER INFORMATION CONTACT: Final Environmental Assessment, would agreed to begin construction of the Scott McGuire, Field Operations not have a significant impact on the bridge no earlier than April 1, 2003, and Engineer, Federal Highway quality of the human environment to open the bridge no earlier than Administration, 200 North High Street, within the United States. Accordingly, a January 1, 2005, unless prior to those Room 328, Columbus, Ohio 43215, finding of no significant impact is dates the Secretary of State or the Telephone: (614) 280–6852. adopted and an EIS will not be Secretary’s delegate determines that the SUPPLEMENTARY INFORMATION: The prepared. U.S. Congress has provided sufficient FHWA, in cooperation with the Ohio Dated: July 23, 1999. funds for construction, operation and Department of Transportation, will David E. Randolph, support of the bridge. prepare a supplement to the final Furthermore, permanent cargo import Coordinator, U.S.-Mexico Border Affairs, environmental impact statement (EIS) Office of Mexican Affairs. facilities will be constructed beginning on a proposal to improve State Route no earlier than January 1, 2015 unless [FR Doc. 99–20900 Filed 8–11–99; 8:45 am] (SR) 7 and SR 607 in Lawrence County, prior to that date the average BILLING CODE 4710±29±P Ohio. The original EIS for the northbound cargo traffic at the Pharr- improvements (FHWA–OH–EIS–72–8– Reynosa International Bridge reaches F) was approved on January 31, 1974. DEPARTMENT OF STATE 15,000 vehicles per week. The supplement is being prepared due The application for the Presidential to the time elapsed since the original Office of Mexican Affairs Permit was reviewed and approved by approval in 1974 and to adequately numerous federal, state and local [Public Notice No. 3110] address new legislative and regulatory agencies. The final application and requirements. In response to the October Notice of Issuance of a Presidential environmental assessment, which 28, 1995, Federal planning regulations, Permit to the cities of McAllen, Hidalgo resulted in a finding by the Department a major investment study for the and Mission, Texas, To construct, of State of no significant impact corridor has been completed by KYOVA operate and maintain an international (‘‘FONSI’’) on the human environment, Interstate Planning Commission. bridge, its approaches and facilities at were reviewed and approved or The existing facility, which travels the international boundary between the accepted by the Immigration and thru the Villages of Chesapeake and United States and Mexico Naturalization Service, General Services Proctorville (on a two-lane roadway) is Administration, Department of Interior, prone to heavy traffic numbers AGENCY: Department of State. Department of Agriculture, Department exacerbated by turning movements and of Commerce, U.S. Customs Service, resulting in a high accident situation. SUMMARY: Notice is hereby given that U.S. Coast Guard, Federal Highway SR 7 in this area is also prone to the Department of State has issued a Administration, Food and Drug flooding which results in roadway Presidential Permit to the Cities of Administration, International Boundary closure and impairs emergency vehicles. McAllen, Hidalgo and Mission, Texas, and Water Commission—U.S. Section, The section of roadway to be relocated to construct, operate and maintain an Department of Defense, Environmental is situated in southern Lawrence County international bridge, its approaches and Protection Agency, Department of State across the Ohio river from Huntington, facilities at the international boundary and appropriate Texas State Agencies: West Virginia, a major metropolitan between the United States and Mexico the Texas Parks and Wildlife area. This section of roadway is (the ‘‘Anzalduas International Department, the Texas Department of predominantly used for residents living Crossing’’). The permit was issued July Transportation, the Texas Historical in Ohio and working in the Huntington 23, 1999, pursuant to the International Commission and the Texas Natural area. The project is situated in the Ohio Bridge Act of 1972 (33 U.S.C. 535 et Resource Conservation Commission. River valley with steep hills to the seq.) and Executive Order 11423 of Dated: July 28, 1999. north. The flatter lands to the south 1968, as amended by Executive Order along the river have been developed for 12847 of 1993. David E. Randolph, Coordinator, U.S.-Mexico Border Affairs, residential and commercial buildings. ADDRESSES: Copies of the Presidential Office of Mexican Affairs. Improvements to the corridor are Permit may be obtained from Mr. David [FR Doc. 99–20899 Filed 8–11–99; 8:45 am] considered necessary to provide for E. Randolph, Coordinator, U.S.-Mexico BILLING CODE 4710±29±P existing and projected traffic demand. Border Affairs, Office of Mexican Alternatives under consideration Affairs, Room 4258, Department of include (1) taking no action; (2) building State, Washington, D.C. 20520, a 4-lane limited access facility on new telephone (202) 647–8529. DEPARTMENT OF TRANSPORTATION alignment. The alignments under SUPPLEMENTARY INFORMATION: Notice of consideration are slightly north of the application by the Cities of McAllen, Federal Highway Administration Chesapeake, Proctorville, and Rome. Hidalgo and Mission, Texas, for a FHWA, ODOT and other local permit to build a new bridge, with Environmental Impact Statement: agencies invite participation in defining access road, to be constructed across the Lawrence County, Ohio the alternatives to be evaluated in the Rio Grande river between McAllen, AGENCY: Federal Highway supplemental EIS, and any significant Texas, and Reynosa, Tamaulipas, Administration (FHWA), DOT. social, economic, or environmental Mexico, was published in the Federal issues related to the alternatives. ACTION: Notice of intent. Register on December 22, 1992, at 57 FR Information describing the purpose and

VerDate 18-JUN-99 11:03 Aug 11, 1999 Jkt 183247 PO 00000 Frm 00104 Fmt 4703 Sfmt 4703 E:\FR\FM\A12AU3.154 pfrm07 PsN: 12AUN1 Federal Register / Vol. 64, No. 155 / Thursday, August 12, 1999 / Notices 44079 need of the project, the proposed milepost 16.5 near Plummer to milepost consultation and possible permitting alternatives, the areas to be evaluated, 80.4 and/or 0.00 near Wallace, and then and environmental review by various the citizen involvement program, and to milepost 7.6 near Mullan, in state and federal environmental the preliminary project schedule may be Benewah, Kootenai, and Shoshone agencies prior to any salvage of the obtained from the FHWA at the address Counties, Idaho.1 UP also filed a Notice track. provided above. of Intent to Complete Abandonment On judicial review (State of Idaho, et Coordination with concerned federal, Proceeding, which was published once al. v. ICC, 35 F.3d 585 (D.C. Cir. 1994)), state, and local agencies has been each week for three consecutive weeks the court affirmed the ICC’s decision to ongoing throughout project in local newspapers in Benewah, permit UP’s immediate discontinuance development. A public meeting was Kootenai, and Shoshone Counties on of rail operations. Thus, that portion of held on June 27, 1996 at a point in time May 26, and June 2 and 9, 1999. this case is administratively final and no when an EIS was not believed to be Background longer at issue. In addition, however, necessary. Coordination will be the court found that the ICC’s continued throughout the study with On August 22, 1991, UP filed an environmental analysis was not federal, state, and local agencies, and application with the ICC seeking complete because the ICC did not have with private organizations and citizens authority under 49 U.S.C. 10903 and all of the information to take a ‘‘hard who express or are known to have 10904 to abandon and discontinue look’’ at the environmental impact of interest in this project. On August 26, operations over the Wallace Branch line. salvage operations on the line. 1999, a public meeting will be held to In a decision served November 2, 1992, Accordingly, the court remanded the obtain input on a preferred alignment. A in Docket No. AB–33 (Sub-No. 70) the ICC’s salvage authorization. Public Hearing will be held and may ICC found that the public convenience Pursuant to the court’s decision, the take place in the year 2000. Public and necessity permitted UP to abandon ICC, by decision issued in December notice will be given of the exact time its Wallace Branch line. In that same 1994, reopened that portion of the case and place of the meeting and the decision, the ICC decided that UP could to complete the environmental analysis hearing to be held for the project. The discontinue service immediately but of salvage and vacated its conditional Draft EIS will be available for public could not fully abandon the line— authorization of salvage (except for the and agency review and comment prior salvage and permanently remove it from portion of the line within the Bunker to the Public Hearing. No formal the rail network—until the Hill Superfund site).3 Therefore, the scoping meeting will be held. environmental impact of the proposed grant of abandonment authority in this To ensure that the full range of issues abandonment was resolved. proceeding is not final, and UP cannot relating to this proposed action are Specifically, the ICC imposed six conduct salvage activities on the portion 2 addressed, and all significant issues environmental conditions that require of the line outside the Superfund site identified, comments and suggestions before it submits the necessary are invited from all interested parties. 1 The line traverses the U.S. Postal Service zip codes 83851, 83861, 83833, 83810, 83839, 83837, environmental documentation to Comments or questions concerning this 83873, 83846, and 83868. The Wallace Branch no complete the environmental compliance proposed action and the supplemental longer has stations because rail service was process and receives final approval from EIS should be sent to the FHWA at the discontinued in accordance with the approval of the Board to salvage that portion of the the predecessor agency of the Board, the Interstate address provided above. Commerce Commission (ICC), and the line. (Catalog of Federal Domestic Assistance discontinuance was upheld by the United States Environmental Compliance Program Number 20.205, Highway Planning Court of Appeals for the District of Columbia and construction. The regulations Circuit. On June 18, 1999, UP filed 2 implementing Executive Order 12372 1. UP shall not salvage any railroad environmental documentation with the regarding intergovernmental consultation on infrastructure, including the rail and ties, along the entire right-of-way until it has consulted with the Board, that UP believes responds to the Federal programs and activities apply to this Idaho Department of Environmental Quality and the ICC’s six environmental conditions, the program) U.S. Environmental Protection Agency. This court remand, and the ICC’s decision Issued on: July 29, 1999. consultation will ensure that if and when salvage reopening this proceeding. UP’s Scott A. McGuire, P.E., activity ultimately takes place, it will be in compliance with the Comprehensive Environmental environmental documents include (1) Field Operations Engineer, Federal Highway Response, Compensation and Recovery Act, 42 Administration, Columbus, Ohio. U.S.C. § 6901 et seq., and/or other applicable laws Department of Health and Welfare, Division of [FR Doc. 99–20918 Filed 8–11–99; 8:45 am] and regulations. Environmental Quality, to determine if such a 2. Pursuant to the U.S. Fish and Wildlife Service permit is required and take the necessary steps to BILLING CODE 4910±22±M (‘‘USFWS’’) request, UP, prior to any salvage secure a permit. activity, shall determine, using National Wetland 5. The U.S. Army Corps of Engineers (CORPS) has Inventory Maps, if wetlands are located along the expressed concern regarding impacts to wetlands DEPARTMENT OF TRANSPORTATION right-of-way. If wetlands are located along the right- and water quality if UP salvages the right-of-way. of-way, UP shall consult with USFWS prior to any In addition, the CORPS has indicated that materials Surface Transportation Board disturbance of the right-of-way and comply with in the area through which the track passes should any applicable requirement of the U.S. Fish and be tested prior to any attempt to remove it. [Docket No. AB±33 (Sub-No. 70)] Wildlife Coordination Act, 16 U.S.C. § 661. Accordingly, UP shall consult with the CORPS 3. UP shall not undertake any salvage activities prior to undertaking any salvage activities to Union Pacific Railroad CompanyÐ on the Wallace Branch until compliance with § 7 of determine what appropriate mitigation may be AbandonmentÐWallace Branch, ID the Endangered Species Act of 1973, 16 U.S.C. required. § 1531, has been completed. As a part of the § 7 6. UP shall retain its interest in and take no steps On June 18, 1999, Union Pacific compliance process, UP shall retain an independent to alter the historic integrity of all structures, biological consultant, to work under the including the line itself, that are 50 years old or Railroad Company (UP) filed with the supervision of the Board’s Section of Environmental older until completion of the § 106 process of the Surface Transportation Board (Board), Analysis (SEA) and in cooperation with USFWS to National Historic Preservation Act, 16 U.S.C. § 470f. environmental information required to prepare a biological assessment. 3 Section 121(e)(1), 42 U.S.C. 9621(e)(1), relieves complete the environmental compliance 4. A Water Pollution Control Act permit under 33 UP of the requirement to obtain ICC or Board U.S.C. § 1251, et seq., may be required prior to approval if it salvages track in connection with process and to receive final approval to salvage of the portion of the Wallace Branch where remediation carried out in compliance with the abandon and salvage its Wallace Branch it crosses the Coeur d’Alene River. Prior to any Comprehensive Environmental Response, line. The line extends 71.5 miles from salvage activities, UP shall contact the Idaho Compensation and Liability Act.

VerDate 18-JUN-99 11:03 Aug 11, 1999 Jkt 183247 PO 00000 Frm 00105 Fmt 4703 Sfmt 4703 E:\FR\FM\A12AU3.171 pfrm07 PsN: 12AUN1 44080 Federal Register / Vol. 64, No. 155 / Thursday, August 12, 1999 / Notices an Environmental Evaluation/Cost Supplemental EA. Based on SEA’s Responsibility.’’ 5 The State and the Analysis and a Track Salvage Work Plan independent review of UP’s Tribe need not refile their trail use developed in consultation with and environmental documentation, any request, which will be considered by the with the approval of the U.S. further environmental review and Board at the time of the issuance of its Environmental Protection Agency and consultation by SEA, and consideration final decision in this matter. the Idaho Department of Environmental of all timely comments received on the All interested persons may file Quality; (2) relevant National Wetland Supplemental EA, SEA will make final written comments with the Board on Inventory Maps; (3) a biological environmental recommendations to the any remaining issues no later than assessment required by section 7 of the Board. The Board will then issue a final September 7, 1999. Endangered Species Act; (4) a cultural decision granting or denying UP final All filings in response to this notice resource inventory report; and (5) authority to abandon the line and must refer to Docket No. AB–33 (Sub- correspondence from State and local salvage the portion outside of the No. 70) and must be sent to: (1) Surface government agencies. UP indicates that Superfund site, imposing any future Transportation Board, Office of the copies of these documents were made environmental mitigation that it deems Secretary, Case Control Unit, 1925 K available for public review and appropriate if final approval to abandon Street, N.W., Washington, DC 20423– comment for 20 days in May and June, is granted. 0001, and (2) Thomas Greenland, 1999, at several locations near the Any offer of financial assistance Environmental Counsel, Union Pacific Wallace Branch and were provided to (OFA) under 49 CFR 1151.27(b)(2) will Railroad Company, 1416 Dodge Street, interested persons who requested them. be due no later than 10 days after Omaha, NE 68179, (402) 271–4634. No comments were received by UP. service of a decision granting final Persons seeking further information Interested persons should be aware approval for abandonment. Each offer concerning abandonment procedures that the SEA intends to prepare a must be accompanied by a $1,000 filing may contact the Board’s Office of Public Supplemental Environmental fee. See 49 CFR 1002.2(f)(25). 4 Services at (202) 565–1592 or refer to Assessment (Supplemental EA) All interested persons should be the full abandonment or discontinuance analyzing UP’s environmental aware that, following any final approval regulations at 45 CFR part 1152. documentation, including any by the Board to abandon and salvage the Questions concerning environmental comments received and preliminarily line, the line may be suitable for other issues may be directed to Phillis determining whether the outstanding public use, including interim trail use. Johnson-Ball at the SEA at (202) 565– environmental issues have been Any request for a public use condition 1530. resolved and UP has fully complied under 49 CFR 1152.28 or for trail use/ Board decisions and notices are with the environmental review process. rail banking under 49 CFR 1152.29 will available on our website at The Supplemental EA will be served on be due no later than September 7, 1999. ‘‘WWW.STB.DOT.GOV.’’ all persons on the Board’s service list in Each trail use request must be Docket No. AB–33 (Sub-No. 70) and accompanied by a $150 filing fee. See 49 Decided: August 5, 1999. upon other affected agencies. Any other CFR 1002.1(f)(27). If a trail use request By the Board, David M. Konschnik, persons who would like to obtain a copy is filed, UP will notify the Board Director, Office of Proceedings. of the Supplemental EA must contact whether and with whom it intends to Vernon A. Williams, SEA. negotiate a trail use agreement no later Secretary. There will be a 30-day period for all than September 22, 1999. [FR Doc. 99–20874 Filed 8–11–99; 8:45 am] interested persons and agencies to On August 3, 1999, the State of Idaho BILLING CODE 4915±00±P review and comment on the (State) and the Coeur d’Alene Tribe (Tribe) filed a request that a Certificate 5 The ICC had received a request for the issuance 4 SEA issued an Environmental Assessment for of Interim Trail Use (CITU) be issued of a CITU permitting interim trail use on the entire public review and comment on September 27, 1991, and enclosed its ‘‘Statement of line in August 1995. The Board denied the trail use in connection with UP’s original abandonment request as premature by decision issued November application. Willingness to Assume Financial 15, 1996.

VerDate 18-JUN-99 17:25 Aug 11, 1999 Jkt 183247 PO 00000 Frm 00106 Fmt 4703 Sfmt 4703 E:\FR\FM\12AUN1.XXX pfrm07 PsN: 12AUN1 eDt 8JN9 14 u 1 99Jt134 O000Fm001Ft41 ft41 :F\MA2U.5 fm7PsN:12AUN2 pfrm07 E:\FR\FM\A12AU3.058 Sfmt4717 Fmt4717 Frm00001 PO00000 Jkt183247 11:49Aug11, 1999 VerDate 18-JUN-99 federal register August 12,1999 Thursday Notice Regulatory WaiverRequestsGranted; Development Housing andUrban Department of Part II 44081 44082 Federal Register / Vol. 64, No. 155 / Thursday, August 12, 1999 / Notices

DEPARTMENT OF HOUSING AND waivers of regulations that HUD has HUD regulations is provided in the URBAN DEVELOPMENT approved, by publishing a notice in the Appendix that follows this notice. Federal Register. These notices (each [Docket No. FR±4512±N±01] Dated: August 3, 1999. covering the period since the most Andrew Cuomo, recent previous notification) shall: Notice of Regulatory Waiver Requests Secretary. Granted a. Identify the project, activity, or undertaking involved; Appendix—Listing of Waivers of AGENCY: Office of the Secretary, HUD. b. Describe the nature of the provision Regulatory Requirements Granted by ACTION: Public Notice of the Granting of waived, and the designation of the Officers of the Department of Housing Regulatory Waivers from January 1, provision; and Urban Development January 1, 1999 through March 31, 1999. c. Indicate the name and title of the 1999 Through March 31, 1999 person who granted the waiver request; Note to Reader: More information about SUMMARY: Under the Department of d. Describe briefly the grounds for the granting of these waivers, including a Housing and Urban Development approval of the request; copy of the waiver request and approval, may Reform Act of 1989 (the ‘‘HUD Reform e. State how additional information be obtained by contacting the person whose Act’’), HUD is required to make public about a particular waiver grant action name is listed as the contact person directly all approval actions taken on waivers of may be obtained. before each set of waivers granted. regulations. This notice is the thirty- Section 106 of the HUD Reform Act For Items 1 Through 10, Waivers Granted third in a series, published on a also contains requirements applicable to for 24 CFR Parts 91 and 92, Contact: Cornelia quarterly basis, providing notification of Robertson Terry, Field Management Division, waivers of HUD handbook provisions Office of Executive Services, Office of waivers granted during the preceding that are not relevant to the purpose of reporting period. The purpose of this Community Planning and Development, this notice. Room 7184, U.S. Department of Housing and notice is to comply with the Today’s document follows Urban Development, 451 Seventh Street, SW, requirements of section 106 of the HUD publication of HUD’s Statement of Washington, DC 20410–7000; telephone (202) Reform Act. Policy on Waiver of Regulations and 708–2565 (this is not a toll-free number). FOR FURTHER INFORMATION CONTACT: For Directives issued by HUD on April 22, Hearing- or speech-impaired persons may general information about this notice, 1991 (56 FR 16337). This is the thirty- access this number via TTY by calling the contact Camille E. Acevedo, Assistant third notice of its kind to be published toll-free Federal Information Relay Service at General Counsel for Regulations, Room (800) 877–8339. under section 106 of the HUD Reform 1. Regulation: 24 CFR 91.10(a), 24 CFR 10276, U.S. Department of Housing and Act. This notice updates HUD’s waiver- 92.300(a)(1), and 24 CFR 570.207(a)(1). Urban Development, 451 Seventh Street, grant activity from January 1, 1999 Project/Activity: The Municipality of SW, Washington, DC 20410–0500; through March 31, 1999. Carolina requested the following waivers: telephone (202) 708–3055 (this is not a For ease of reference, waiver requests waiver to permit the Municipality to use toll-free number). Hearing- or speech- granted by departmental officials CDBG funds to rehabilitate city hall and impaired persons may access this authorized to grant waivers are listed in construct new housing; waiver to suspend number via TTY by calling the toll-free a sequence keyed to the section number the 15 percent CHDO set-aside requirement; Federal Information Relay Service at of the HUD regulation involved in the waiver to allow the Municipality to receive (800) 877–8339. For information its HOME allocation in advance of the waiver action. For example, a waiver- program year. concerning a particular waiver action grant action involving exercise of Nature of Requirement: 24 CFR for which public notice is provided in authority under 24 CFR 58.73 (involving 570.207(a)(1) prohibit grantees from using this document, contact the person the waiver of a provision in 24 CFR part CDBG funds to assist in the development of whose name and address is set out for 58) would come early in the sequence, city halls or the construction of new housing. the particular item in the accompanying while waivers of 24 CFR part 990 would 24 CFR 92.300(a)(1) requires that not less list of waiver-grant actions. be among the last matters listed. than 15 percent of each HOME grant be reserved for investment in housing to be SUPPLEMENTARY INFORMATION: As part of Where more than one regulatory provision is involved in the grant of a developed, sponsored, or owned by CHDOs. the Housing and Urban Development 24 CFR 91.10 requires each grantee to Reform Act of 1989 (the ‘‘HUD Reform particular waiver request, the action is administer the HOME, CDBG, ESG, and Act’’), the Congress adopted, at HUD’s listed under the section number of the HOPWA programs on a concurrent program request, legislation to limit and control first regulatory requirement in title 24 year. the granting of regulatory waivers by that is being waived as part of the Granted by: Cardell Cooper, Assistant HUD. Section 106 of the HUD Reform waiver-grant action. (For example, a Secretary for Community Planning and Act added a new section 7(q) to the waiver of both § 58.73 and § 58.74 Development. Department of Housing and Urban would appear sequentially in the listing Date Granted: February 4, 1999. Development Act (2 U.S.C. 3535(q)), under § 58.73.) Reasons Waived: HUD determined that these waivers were needed to assist the which provides that: Waiver-grant actions involving the Municipality in recovering from Hurricane 1. Any waiver of a regulation must be same initial regulatory citation are in Georges. Section 122 of the Housing and in writing and must specify the grounds time sequence beginning with the Community Development Act of 1974 for approving the waiver; earliest-dated waiver grant action. authorizes HUD to suspend program 2. Authority to approve a waiver of a Should HUD receive additional requirements for the use of funds designated regulation may be delegated by the reports of waiver actions taken during by the recipient to address damage in a Secretary only to an individual of the period covered by this report before Presidentially declared disaster area. Assistant Secretary rank or equivalent the next report is published, the next 2. Regulation: 24 CFR 91.402(a). rank, and the person to whom authority updated report will include these earlier Project/Activity: The Cuyahoga County, Ohio Consortium requested a waiver to to waive is delegated must also have actions, as well as those that occurred permit the Consortium members to continue authority to issue the particular between April 1, 1999 through June 30, to operate through the end of the consortium regulation to be waived; 1999. agreement (May 31, 1999) without being fully 3. Not less than quarterly, the Accordingly, information about aligned. The request also asked HUD to Secretary must notify the public of all approved waiver requests pertaining to permit the consortium members until

VerDate 18-JUN-99 11:49 Aug 11, 1999 Jkt 183247 PO 00000 Frm 00002 Fmt 4701 Sfmt 4703 E:\FR\FM\A12AU3.058 pfrm07 PsN: 12AUN2 Federal Register / Vol. 64, No. 155 / Thursday, August 12, 1999 / Notices 44083

December 31, 2000, to revise and align their Reasons Waived: HUD determined that Granted by: Cardell Cooper, Assistant program years. there was good cause for the waiver in view Secretary for Community Planning and Nature of Requirement: 24 CFR 91.402(a) of the reasons set forth in the incoming Development. requires all units of general local government document. The State is in the process of Date Granted: April 5, 1999. that are members of a consortium to be on converting its data management system from Reasons Waived: HUD determined that the same program year for the CDBG, HOME, one based on multiple programs to an there was good cause for the waiver. The ESG, and HOPWA programs. integrated Microsoft Office system. The work on the property could not be completed Granted by: Cardell Cooper, Assistant transfer is time consuming and burdensome. due to storm damage. The storm, which Secretary for Community Planning and 6. Regulation: 24 CFR 92.205(e). occurred on August 16, 1998, received a Development. Project/Activity: Peoria, Illinois requested a Presidential Disaster Declaration. The City Date Granted: January 7, 1999. waiver of regulations regarding repayment of condemned the property. However, prior to Reasons Waived: The consortium HOME funds when there is termination of a the storm, $2,396.69 in HOME funds was agreement was inadvertently approved project prior to completion. expended out of the $25,000.00 set aside for without the years being aligned. Because this Nature of Requirement: 24 CFR 92.205(e) the project. period ends on June 1, 1999, no program requires the repayment of HOME funds spent 9. Regulation: 24 CFR 92.254(a)(2)(iii). purpose would be served by requiring an on a project that is terminated before Project/Activity: The City of Newton, MA aligned program year prior to this date. A completion. and the Brookline Newton Waltham partial waiver request is granted. The waiver Granted by: Cardell Cooper, Assistant WaterCity (BNWW) Consortium requested a request for an additional extension was Secretary for Community Planning and waiver to permit the City of Newton to denied. Development. determine 95 percent of the median area 3. Regulation: 24 CFR 91.520. Date Granted: January 7, 1999. purchase price on the median of housing Project/Activity: The City of Des Moines, Reasons Waived: The City disbursed sales within the City, rather than the sales Iowa requested a waiver of the submission $13,285.00 in HOME funds for this project, within the entire Consortium. date for the City’s Consolidated Annual which was never completed. The homeowner Nature of Requirement: 24 CFR CDBG Performance and Evaluation Report of the single-family property died prior to 92.254(2)(iii) requires that an increase in the (CAPER). completion. The owner had no will or heirs. maximum allowable housing purchase price Nature of Requirement: 24 CFR 91.520(a) The County seized the property, and to to 95 percent of the median area purchase requires each grant recipient to submit a facilitate the County’s disposition of the price must include all areas that are part of performance report to HUD within 90 days property, the City released its lien. The the BNWW Consortium. after the close of the grantee’s program year. repayment of these funds would cause the Granted by: Cardell Cooper, Assistant Granted by: Cardell Cooper, Assistant City a serious financial hardship. HUD Secretary for Community Planning and Secretary for Community Planning and determined that, due to the unusual Development. Development. circumstances, there is good cause for a Date Granted: January 12, 1999. Date Granted: February 22, 1999. waiver. Reasons Waived: Newton would not be Reasons Waived: HUD determined that 7. Regulation: 24 CFR 92.214(a)(7). able to provide significant homebuyer there was good cause for the waiver. The City Project/Activity: The State of Minnesota assistance (even for condominiums) if it had needed additional time for the installation of requested a waiver in order to commit to abide by a single Consortium-wide limit. a new accounting and data processing system additional HOME funds to a project up to 18 The waiver will enable Newton to offer a and to adjust to recent staff changes. As a months after the original HOME-funded proposed first-time homebuyer’s assistance result of the system change, the City does not project was completed. program that will reach income eligible yet have complete year-end expenditure data Nature of Requirement: 24 CFR households. HUD determined that there is needed to complete its CAPER. HUD is 92.214(a)(7) of the HOME regulations states good cause to grant the requested waiver. interested in ensuring that the performance that HOME funds may not be used to provide 10. Regulation: 24 CFR 92.500(d)(1)(C). report prepared by grantees is complete and assistance (other than tenant-based rental Project/Activity: The City of St. Louis accurate. assistance or assistance to a homebuyer to requested an extension of the five-year 4. Regulation: 24 CFR 91.520. acquire housing previously assisted with deadline for the expenditure of HOME Project/Activity: The City of New York HOME funds) to a project previously assisted disaster grant funds. requested a waiver of the submission date for with HOME funds during the period of Nature of Requirement: 24 CFR 92.500 the City’s CAPER. affordability established by the participating (d)(1)(C) requires HUD to recapture any Nature of Requirement: 24 CFR 91.520(a) jurisdiction under 24 CFR 92.502 or 24 CFR HOME funds not expended within five years requires each grant recipient to submit a 92.504. after the last day of the month in which HUD performance report to HUD within 90 days Granted by: Cardell Cooper, Assistant notified the grantee of its execution of the after the close of the grantee’s program year. Secretary for Community Planning and HOME partnership agreement. Granted by: Cardell Cooper, Assistant Development. Granted by: Cardell Cooper, Assistant Secretary for Community Planning and Date Granted: January 12, 1999. Secretary for Community Planning and Development. Reasons Waived: HUD determined that Development. Date Granted: March 24, 1999. there is good cause to grant the required Date Granted: January 12, 1999. Reasons Waived: HUD determined that waiver. The waiver will enable the Hubbard Reasons Waived: The City will lose the there was good cause for the waiver. The City County Housing Rehabilitation Authority to unexpended grant funds if HUD fails to grant needed additional time for conversion to the provide for the construction of an elevator for the extension. The City would suffer a IDIS in the middle of its 1998 program year. residents in the Nevis elderly housing significant hardship if the unexpended HUD is interested in ensuring that the project. disaster funds cannot be used to complete performance report prepared by grantees is 8. Regulation: 24 CFR 92.251 & 24 CFR these projects. HUD finds that these complete and accurate. 92.502(d). circumstances constitute good cause for an 5. Regulation: 24 CFR 91.520. Project/Activity: The State of Wisconsin extension of the five year expenditure Project/Activity: The State of Iowa requested a waiver of minimum property deadline. requested a waiver of the submission date for standards in order to permit a single-family For Item 11, Waiver Granted for 24 CFR the State’s CAPER. HOME-assisted property in the City of Part 203, Contact: Vance T. Morris, Director, Nature of Requirement: 24 CFR 91.520(a) Sheboygen Falls to be considered complete Home Mortgage Insurance Division, Office of requires each grant recipient to submit a even though it does not meet the minimum Insured Single Family Housing, U.S. performance report to HUD within 90 days rehabilitation standards or local codes, as Department of Housing and Urban after the close of the grantee’s program year. required by the HOME rule. Development, 451 Seventh Street, SW, Granted by: Cardell Cooper, Assistant Nature of Requirement: 24 CFR 92.251 Washington, DC 20410–8000; telephone (202) Secretary for Community Planning and requires that housing assisted with HOME 708–2700 (this is not a toll-free number). Development. funds must, at a minimum, meet the housing Hearing- or speech-impaired persons may Date Granted: March 26, 1999. quality standards. access this number via TTY by calling the

VerDate 18-JUN-99 11:49 Aug 11, 1999 Jkt 183247 PO 00000 Frm 00003 Fmt 4701 Sfmt 4703 E:\FR\FM\A12AU3.059 pfrm07 PsN: 12AUN2 44084 Federal Register / Vol. 64, No. 155 / Thursday, August 12, 1999 / Notices

Federal Information Relay Service at (800) of Community Planning and Development, Date Granted: January 7, 1999. 877–8339. Room 7184, U.S. Department of Housing and Reasons Waived: 24 CFR 574.330(a)(2) 11. Regulation: 24 CFR 203.49(c). Urban Development, 451 Seventh Street, SW, allows HUD to waive the limitation in 24 Project/Activity: Corinthian Mortgage Washington, DC 20410–7000; telephone (202) CFR 574.330(a)(1) based on the good faith Corporation requested a waiver of the 708–2565 (this is not a toll-free number). effort of the grantee to provide permanent requirements of 24 CFR 203.49(c) to extend Hearing- or speech-impaired persons may housing. The City of Memphis advised that the initial adjustment dates for adjustable access this number via TTY by calling the the United Way of the Mid-South is assisting rate mortgage (ARM) loans beyond the 12 to toll-free Federal Information Relay Service at the client in obtaining permanent housing, 18 month window currently provided for in (800) 877–8339. which was expected to occur in mid-January the regulation. 13. Regulation: 24 CFR 570.200(h). 1999. Nature of Requirement: 24 CFR 203.49(c) Project/Activity: The City of Oxnard 16. Regulation: 24 CFR 576.21. requires that interest rate adjustments for requested a waiver to permit the City to Project/Activity: Morris County, New ARMs must occur on an annual basis, except reimburse itself over a period of four years Jersey requested a waiver of the 30 percent that the first adjustment may occur no sooner for the purchase of property that will be used spending limitation on essential services. than 12 months nor later than 18 months for the development of single-family housing Nature of Requirement: 24 CFR 576.21 from the date of the mortgagor’s first debt for low-income families. states that recipients of ESG grant funds are service payment. Nature of Requirement: 24 CFR 570.200(h) subject to the limits on the use of assistance Granted by: William C. Apgar, Assistant governs CDBG reimbursement for pre-award for essential services established in 42 U.S.C. Secretary for Housing-Federal Housing costs. 11374(a)(2) (section 414(a)(2) of the Stewart Commissioner. Granted by: Cardell Cooper, Assistant B. McKinney Homeless Assistance Act). 42 Date Granted: February 20, 1999. Secretary for Community Planning and U.S.C. 11374(a)(2)(B) limits the use of Reasons Waived: Approving the waiver Development. assistance for essential services to 30 percent enabled the lender to securitize the loan and Date Granted: January 22, 1999. of the aggregate amount of all assistance to rendered no harm to the borrowers or to Reasons Waived: HUD determined that the a State or local government under the ESG HUD. project, which was included in Oxnard’s program. For Item 12, Waiver Granted for 24 CFR 1995–1999 Consolidated Plan and was Granted by: Cardell Cooper, Assistant Part 291, CONTACT: Art Orton, Deputy subject to public review and involvement Secretary for Community Planning and Director, Asset Management Division, Office through the citizen participation process, Development. of Insured Single Family Housing, U.S. will provide affordable for-sale housing to Date Granted: January 22, 1999. Department of Housing and Urban low-income families. Because increasing Reasons Waived: 42 U.S.C. 11374(b) allows Development, 451 Seventh Street, SW, homeownership is a priority for the City as for a waiver if the grantee is able to demonstrate that other eligible activities Washington, DC 20410–8000; telephone (202) well as a goal for the Secretary and the under the program are already being carried 708–1672 (this is not a toll-free number). President, there is good cause to grant the out in the locality with other resources. Hearing- or speech-impaired persons may waiver. Morris County provided information to HUD access this number via TTY by calling the 14. Regulation: 24 CFR 570.200(h)(1)(i). that indicated it was able to meet its Federal Information Relay Service at (800) Project/Activity: The City of Hazelton, commitment to rehabilitation, as well as its 877–8339. Pennsylvania requested reimbursement for other immediate homeless and homeless 12. Regulation: 24 CFR 291.110(a). pre-award costs for an emergency sewer prevention assistance needs through a Project/Activity: Waiver of the requirement project. combination of other Federal, State and of 24 CFR 291.110(a) to provide authority for Nature of Requirement: 24 CFR county sources. governmental entities and private nonprofit 570.200(h)(1)(i) allows a grantee to be 17. Regulation: 24 CFR 576.21. organizations to purchase, on a direct sales reimbursed for pre-award costs, provided the Project/Activity: The State of California basis and with mortgage insurance, HUD- activity for which the costs are being requested a waiver of the 30 percent owned single family properties and to incurred is included in a consolidated action spending limitation on essential services. provide discounts of 50 percent for use in the plan or an amended consolidated action plan Nature of Requirement: 24 CFR 576.21 Officer Next Door Sales Program. (or an application under subpart M of 24 CFR states that recipients of ESG grant funds are Nature of Requirement: 24 CFR 291.110(a) part 570) prior to the costs being incurred. subject to the limits on the use of assistance permits direct sales at deep discounts off the Granted by: Cardell Cooper, Assistant for essential services established in 42 U.S.C. list price of properties sold without mortgage Secretary for Community Planning and 11374(a)(2) (section 414(a)(2) of the Stewart insurance to governmental entities and Development. B. McKinney Homeless Assistance Act). 42 private nonprofit organizations for use in Date Granted: March 24, 1999. U.S.C. 11374(a)(2)(B) limits the use of HUD and local housing or homeless Reasons Waived: The project was assistance for essential services to 30 percent programs. undertaken to correct street and sewer of the aggregate amount of all assistance to Granted by: William C. Apgar, Assistant flooding as a result of a severe thunderstorm. a State or local government under the ESG Secretary for Housing-Federal Housing The City would have to raise property taxes program. Commissioner. by 20 percent to pay for this emergency if Granted by: Cardell Cooper, Assistant Date Granted: January 19, 1999. CDBG funds could not be used. HUD Secretary for Community Planning and Reasons Waived: Approving the waiver determined that a failure to grant the waiver Development. enables governmental entities and nonprofit would result in an undue hardship for the Date Granted: February 4, 1999. organizations to fully participate in the City and its residents, and would be contrary Reasons Waived: 42 U.S.C. 11374(b) allows Officer Next Door Sales Program by to the goals of the Housing and Community for a waiver if the grantee is able to purchasing properties eligible for mortgage Development Act of 1974. demonstrate that other eligible activities insurance at a 50 percent discount for resale 15. Regulation: 24 CFR 574.330(a)(1). under the program are already being carried to law enforcement officers. Based on HUD’s Project/Activity: The City of Memphis, out in the locality with other resources. The experience with REO sales, it would not be Tennessee requested a waiver of the HOPWA State has developed a certification to be detrimental to the insurance fund to permit regulation that provides for a limit on the executed by all applicants intending to use governmental entities and private nonprofit term of assistance for a resident of a short- more than 30 percent of its funds for organizations to purchase properties offered term housing facility. essential services certifying the availability of with mortgage insurance on a direct sales Nature of Requirement: 24 CFR other funds to carry out the other eligible basis or to provide discounts of 50 percent 574.330(a)(1) provides for a limit on the term activities. on properties sold for use in the Officer Next of assistance for a resident of a short-term 18. Regulation: 24 CFR 576.35(a)(1). Door Sales Program. housing facility of not more than 60 days Project/Activity: The State of Alabama For Items 13 Through 19, Waivers Granted during any six month period. requested a waiver of the provision requiring for 24 CFR Parts 570, 574, and 576, Contact: Granted by: Cardell Cooper, Assistant recipients to spend their ESG funds within Cornelia Robertson Terry, Field Management Secretary for Community Planning and 180 days of the date of the grant award by Division, Office of Executive Services, Office Development. HUD.

VerDate 18-JUN-99 11:49 Aug 11, 1999 Jkt 183247 PO 00000 Frm 00004 Fmt 4701 Sfmt 4703 E:\FR\FM\A12AU3.060 pfrm07 PsN: 12AUN2 Federal Register / Vol. 64, No. 155 / Thursday, August 12, 1999 / Notices 44085

Nature of Requirement: 24 CFR Nature of Requirement: The NOFA for the Date Granted: March 29, 1999. 576.35(a)(1) requires States to spend their 1996 PIHDEP states that grant activities must Reasons Waived: The Refunding Bonds ESG funds within 180 days of the grant be completed within 24 months, up to and were issued by the Housing Finance award by HUD. including a maximum period of six months Corporation of Newark, New Jersey, 61 days Granted by: Cardell Cooper, Assistant beyond the original grant agreement. Any after approval by the parent entity, the Secretary for Community Planning and extension beyond the six months must be Newark Housing Authority. In that the delay Development. approved by the Assistant Secretary for of one day in issuance on February 6, 1999, Date Granted: February 12, 1999. Public and Indian Housing. was unavoidable, good cause was found to Reasons Waived: Alabama’s contracting Granted by: Harold Lucas, Assistant waive this section. practices precluded timely expenditure of Secretary for Public and Indian Housing. For Items 24 Through 71, Waivers Granted ESG funds. HUD granted the State an Date Granted: February 23, 1999. for 24 CFR Part 891, Contact: Willie expenditure date of April 30, 1999 for its Reasons Waived: The ASHA submitted Spearmon, Director, Office of Business homeless prevention activities. HUD sufficient evidence that they have Products, U.S. Department of Housing and determined that granting the waiver would successfully completed many drug Urban Development, 451 Seventh Street, SW, further the purposes of the Act. prevention activities and services for their Washington, DC 20410–8000; telephone (202) 19. Regulation: 24 CFR 576.35(b). residents and that additional time will enable 708–3000 (this is not a toll-free number). Project/Activity: The City of Chicago, them to sustain drug prevention measures. Hearing- or speech-impaired persons may Illinois requested a waiver of the expenditure 22. Regulation: 24 CFR 761.30(b)(2) and access this number via TTY by calling the deadline for ESG funds. (4). Federal Information Relay Service at (800) Nature of Requirement: 24 CFR 576.35(b) Project/Activity: A request was made by 877–8339. requires Cities to spend their ESG funds the Pueblo of Acoma Housing Authority 24. Regulation: 24 CFR 891.100(d). within 24 months of the date of the grant (PAHA) for an 18-month extension of their Project/Activity: Bivins Place, Richmond, award by HUD. Fiscal Year 1995 Public and Indian Housing Kentucky, Project Number: 083–HD040. Granted by: Cardell Cooper, Assistant Drug Elimination Grant program (PIHDEP). Nature of Requirement: HUD provides Secretary for Community Planning and The grant was originally awarded to the All capital advances under section 202 of the Development. Indian Pueblo Housing Authority (AIPHA), Housing Act of 1959 (12 U.S.C. 1701q) and Date Granted: March 26, 1999. an umbrella housing authority that served 11 section 811 of the National Affordable Reasons Waived: The City of Chicago’s tribes in New Mexico including the Pueblo Housing Act (42 U.S.C. 8013). 24 CFR contracting practices encouraging the use of of Acoma. The AIPHA dissolved and did not 891.100(d) allows HUD to amend the amount local businesses certified as Minority take significant steps to implement PIHDEP of an approved capital advance only after an Business Enterprise (MBE) and Woman’s activities so the grant was transferred to the initial closing has occurred. Business Enterprise (WBE) have caused PAHA. Granted by: William C. Apgar, Assistant delays in contract execution. HUD Nature of Requirement: The NOFA for the Secretary for Housing-Federal Housing determined that granting the waiver would 1995 PIHDEP states that grant activities must Commissioner. further the purposes of the Act. be completed within 24 months, up to and Date Granted: January 22, 1999. For Items 20 Through 21, Waivers Granted including a maximum period of six months for 24 CFR Part 761, Contact: Jackie Johnson, beyond the original grant agreement. Any Reasons Waived: The owner took all Deputy Assistant Secretary for Native extension beyond the six months must be reasonable measures to reduce project cost as American Programs, Office of Public and approved by the Assistant Secretary for well as to obtain other financing to cover a Indian Housing, Room 4204, U.S. Department Public and Indian Housing. majority of the shortfall. of Housing and Urban Development, 451 Granted by: Deborah Vincent, General 25. Regulation: 24 CFR 891.100(d). Seventh Street, SW, Washington, DC, 20410– Deputy Assistant Secretary for Public and Project/Activity: B’nai B’rith, New Haven, 5000; telephone (202) 619–8201 (this is not Indian Housing. Connecticut, Project Number: 017–EE029. a toll-free number). Hearing- or speech- Date Granted: March 18, 1999. Nature of Requirement: HUD provides impaired persons may access this number via Reasons Waived: The grantee has exhibited capital advances under section 202 of the TTY by calling the toll-free Federal administrative capability and the extension Housing Act of 1959 (12 U.S.C. 1701q) and Information Relay Service at (800) 877–8339. will permit the PAHA to implement and section 811 of the National Affordable 20. Regulation: 24 CFR 761.30(b)(2) and complete all original activities in the Housing Act (42 U.S.C. 8013). 24 CFR (4). comprehensive plan. 891.100(d) allows HUD to amend the amount Project/Activity: A request was made by For Item 23, Waiver Granted for 24 CFR of an approved capital advance only after an the Salt River Community Housing Division Part 811, Contact: James B. Mitchell, Eastern initial closing has occurred. (SRCHD) for a six-month extension to and Atlantic Servicing Branch, Office of Granted by: William C. Apgar, Assistant continue activities that deter juvenile Portfolio Management, Room 6164, U.S. Secretary for Housing-Federal Housing violence and vandalism under the Public and Department of Housing and Urban Commissioner. Indian Housing Drug Elimination Grant Development, 451 Seventh Street, SW, Date Granted: January 22, 1999. Program (PIHDEP). Washington, DC 20410–8000; telephone (202) Reasons Waived: The high development Nature of Requirement: The NOFA for the 708–3730 (this is not a toll-free number). cost was due in part to delays caused by the 1996 PIHDEP states that grant activities must Hearing-or speech-impaired persons may city withholding issuance of the building be completed within 24 months, up to and access this number via TTY by calling the permit for several months and the including a maximum period of six months Federal Information Relay Service at (800) extraordinary expense for environmental beyond the original grant agreement. Any 877–8339. abatement. extension beyond the six months must be 23. Regulation: 24 CFR 811.105(c)(3). 26. Regulation: 24 CFR 891.100(d). approved by the Assistant Secretary for Project/Activity: Refunding of bonds that Project/Activity: Norris Square Senior Public and Indian Housing. finance two Section 8 assisted projects in Housing, Philadelphia, Pennsylvania, Project Granted by: Harold Lucas, Assistant Newark, New Jersey: the Avon Hill Number: 034–EE068. Secretary for Public and Indian Housing. Apartments, FHA No. 031–35228 and Nature of Requirement: HUD provides Date Granted: December 16, 1998. Cathedral Park Apartments FHA No. 031– capital advances under section 202 of the Reasons Waived: The grantee exhibited 35231. Housing Act of 1959 (12 U.S.C. 1701q) and administrative capability and the extension Nature of Requirement: The regulation section 811 of the National Affordable will permit the SRCHD to accomplish requires that bonds issued under section Housing Act (42 U.S.C. 8013). 24 CFR established goals and objectives. 11(b) of the United States Housing Act of 891.100(d) allows HUD to amend the amount 21. Regulation: 24 CFR 761.30(b)(2) and 1937 (42 U.S.C. 14371i) be issued no more of an approved capital advance only after an (4). than 60 days after approval of such issuance initial closing has occurred. Project/Activity: A request was made by by the parent entity of the issuer. Granted by: William C. Apgar, Assistant the Absentee Shawnee Housing Authority Granted by: William C. Apgar, Assistant Secretary for Housing-Federal Housing (ASHA) for a retroactive seven-month Secretary for Housing-Federal Housing Commissioner. extension. Commissioner. Date Granted: January 22, 1999.

VerDate 18-JUN-99 11:49 Aug 11, 1999 Jkt 183247 PO 00000 Frm 00005 Fmt 4701 Sfmt 4703 E:\FR\FM\A12AU3.062 pfrm07 PsN: 12AUN2 44086 Federal Register / Vol. 64, No. 155 / Thursday, August 12, 1999 / Notices

Reasons Waived: Additional funds were Date Granted: March 18, 1999. Granted by: William C. Apgar, Assistant needed to pay for the contractor’s price Reasons Waived: The actual cost of the Secretary for Housing-Federal Housing increase resulting from unavoidable delays to project exceeded the fund reservation Commissioner. the construction start date. amount. Requirements of the City of Detroit Date Granted: February 8, 1999. 27. Regulation: 24 CFR 891.100(d). caused the additional cost for development of Reasons Waived: Time was needed for Project/Activity: Marian Manor, Louisville, the project. HUD to process the firm application and Kentucky, Project Number: 083–EE050. 31. Regulation: 24 CFR 891.165. review the closing documents. Nature of Requirement: HUD provides Project/Activity: Southern New Hampshire 35. Regulation: 24 CFR 891.165. capital advances under section 202 of the Services, Project Number: 024–EE032. Project/Activity: Barbara Chappelle Manor, Housing Act of 1959 (12 U.S.C. 1701q) and Nature of Requirement: HUD provides Grenada, Mississippi, Project Number: 065– section 811 of the National Affordable capital advances under section 202 of the EE018. Housing Act (42 U.S.C. 8013). 24 CFR Housing Act of 1959 (12 U.S.C. 1701q) and Nature of Requirement: HUD provides 891.100(d) allows HUD to amend the amount section 811 of the National Affordable capital advances under section 202 of the of an approved capital advance only after an Housing Act (42 U.S.C. 8013). 24 CFR Housing Act of 1959 (12 U.S.C. 1701q) and initial closing has occurred. 891.165 provides that the duration of the section 811 of the National Affordable Granted by: William C. Apgar, Assistant fund reservation for the capital advance is 18 Housing Act (42 U.S.C. 8013). 24 CFR Secretary for Housing-Federal Housing months from the date of issuance, with 891.165 provides that the duration of the Commissioner. limited exceptions up to 24 months. fund reservation for the capital advance is 18 Date Granted: February 2, 1999. Granted by: William C. Apgar, Assistant months from the date of issuance, with Reasons Waived: The sponsor/owner, Secretary for Housing-Federal Housing limited exceptions up to 24 months. architect, contractor, and consultant explored Commissioner. Granted by: William C. Apgar, Assistant every avenue to save money on design, labor, Date Granted: February 2, 1999. Secretary for Housing-Federal Housing and materials and, as a result, the shortfall Reasons Waived: The sponsor/owner Commissioner. was reduced from $227,100 to $16,928. changed sites twice due to denial of Date Granted: February 12, 1999. 28. Regulation: 24 CFR 891.100(d). discretionary land use approvals by the Reasons Waived: The sponsor/owner was Project/Activity: AHEPA/Daughters of towns. forced to change sites because of local Penelope #120, Peabody, Massachusetts, 32. Regulation: 24 CFR 891.165. opposition. Additional time was needed to Project Number: 023–EE085. Project/Activity: The Elms, Project conduct the appraisal and survey of the new Nature of Requirement: HUD provides Number: 024–HD022. site. capital advances under section 202 of the Nature of Requirement: HUD provides 36. Regulation: 24 CFR 891.165. Housing Act of 1959 (12 U.S.C. 1701q) and capital advances under section 202 of the Project/Activity: Jackson Place, Project section 811 of the National Affordable Housing Act of 1959 (12 U.S.C. 1701q) and Number: 136–HD009. Housing Act (42 U.S.C. 8013). 24 CFR section 811 of the National Affordable Nature of Requirement: HUD provides 891.100(d) allows HUD to amend the amount Housing Act (42 U.S.C. 8013). 24 CFR capital advances under section 202 of the of an approved capital advance only after an 891.165 provides that the duration of the Housing Act of 1959 (12 U.S.C. 1701q) and initial closing has occurred. fund reservation for the capital advance is 18 section 811 of the National Affordable Granted by: William C. Apgar, Assistant months from the date of issuance, with Housing Act (42 U.S.C. 8013). 24 CFR Secretary for Housing-Federal Housing limited exceptions up to 24 months. 891.165 provides that the duration of the Commissioner. Granted by: William C. Apgar, Assistant fund reservation for the capital advance is 18 Date Granted: February 22, 1999. Secretary for Housing-Federal Housing months from the date of issuance, with Reasons Waived: The owner had to locate Commissioner. limited exceptions up to 24 months. alternate source of financing to meet section Date Granted: February 2, 1999. Granted by: William C. Apgar, Assistant 106 historic preservation requirement. Reasons Waived: The sponsor/owner had Secretary for Housing-Federal Housing 29. Regulation: 24 CFR 891.100(d). to change sites. Commissioner. Project/Activity: Full Harvest Housing, 33. Regulation: 24 CFR 891.165. Date Granted: February 22, 1999. Osceola, Iowa, Project Number: 074–EE032. Project/Activity: Interfaith Housing, Reasons Waived: Cost problems resulted in Nature of Requirement: HUD provides Westport, Connecticut, Project Number: 017– the sponsor/owner having to identify capital advances under section 202 of the HD015. additional funding resources for project Housing Act of 1959 (12 U.S.C. 1701q) and Nature of Requirement: HUD provides feasibility. section 811 of the National Affordable capital advances under section 202 of the 37. Regulation: 24 CFR 891.165. Housing Act (42 U.S.C. 8013). 24 CFR Housing Act of 1959 (12 U.S.C. 1701q) and Project/Activity: Lake Champlain Housing 891.100(d) allows HUD to amend the amount section 811 of the National Affordable Development, Project Number: 024–HD024. of an approved capital advance only after an Housing Act (42 U.S.C. 8013). 24 CFR Nature of Requirement: HUD provides initial closing has occurred. 891.165 provides that the duration of the capital advances under section 202 of the Granted by: William C. Apgar, Assistant fund reservation for the capital advance is 18 Housing Act of 1959 (12 U.S.C. 1701q) and Secretary for Housing-Federal Housing months from the date of issuance, with section 811 of the National Affordable Commissioner. limited exceptions up to 24 months. Housing Act (42 U.S.C. 8013). 24 CFR Date Granted: March 10, 1999. Granted by: William C. Apgar, Assistant 891.165 provides that the duration of the Reasons Waived: The project was adversely Secretary for Housing-Federal Housing fund reservation for the capital advance is 18 affected by ‘‘economy of scale’’ issues Commissioner. months from the date of issuance, with connected to a project of 25 total units and Date Granted: February 8, 1999. limited exceptions up to 24 months. by a construction boom in the area. Reasons Waived: The sponsor had Granted by: William C. Apgar, Assistant 30. Regulation: 24 CFR 891.100(d). difficulty obtaining affordable sites in the Secretary for Housing-Federal Housing Project/Activity: Clinton House, Detroit, Country’s most affluent county. Commissioner. Michigan,Project Number: 044–HD020. 34. Regulation: 24 CFR 891.165. Date Granted: February 23, 1999. Nature of Requirement: HUD provides Project/Activity: McKinley III, Chicago, Reasons Waived: Negotiations with local capital advances under section 202 of the Illinois, Project Number: 071–HD093. governmental agencies caused the delay in Housing Act of 1959 (12 U.S.C. 1701q) and Nature of Requirement: HUD provides submission of the firm application. section 811 of the National Affordable capital advances under section 202 of the 38. Regulation: 24 CFR 891.165. Housing Act (42 U.S.C. 8013). 24 CFR Housing Act of 1959 (12 U.S.C. 1701q) and Project/Activity: Ellery Court Senior 891.100(d) allows HUD to amend the amount section 811 of the National Affordable Housing, New York, New York, Project of an approved capital advance only after an Housing Act (42 U.S.C. 8013). 24 CFR Number: 012–EE186. initial closing has occurred. 891.165 provides that the duration of the Nature of Requirement: HUD provides Granted by: William C. Apgar, Assistant fund reservation for the capital advance is 18 capital advances under section 202 of the Secretary for Housing-Federal Housing months from the date of issuance, with Housing Act of 1959 (12 U.S.C. 1701q) and Commissioner. limited exceptions up to 24 months. section 811 of the National Affordable

VerDate 18-JUN-99 11:49 Aug 11, 1999 Jkt 183247 PO 00000 Frm 00006 Fmt 4701 Sfmt 4703 E:\FR\FM\A12AU3.064 pfrm07 PsN: 12AUN2 Federal Register / Vol. 64, No. 155 / Thursday, August 12, 1999 / Notices 44087

Housing Act (42 U.S.C. 8013). 24 CFR description of the property. The delay was months from the date of issuance, with 891.165 provides that the duration of the beyond the control of the owner. limited exceptions up to 24 months. fund reservation for the capital advance is 18 42. Regulation: 24 CFR 891.165. Granted by: William C. Apgar, Assistant months from the date of issuance, with Project/Activity: Cross Lanes Unity Secretary for Housing-Federal Housing limited exceptions up to 24 months. Apartments, Cross Lanes, West Virginia, Commissioner. Granted by: William C. Apgar, Assistant Project Number: 045–EE009. Date Granted: March 16, 1999. Secretary for Housing-Federal Housing Nature of Requirement: HUD provides Reasons Waived: Time was needed for the Commissioner. capital advances under section 202 of the sponsor/owner to address the site’s Date Granted: February 23, 1999. Housing Act of 1959 (12 U.S.C. 1701q) and environmental problems and for HUD to Reasons Waived: Time was needed for section 811 of the National Affordable review the firm application. HUD to process the firm application. Housing Act (42 U.S.C. 8013). 24 CFR 46. Regulation: 24 CFR 891.165. 39. Regulation: 24 CFR 891.165. 891.165 provides that the duration of the Project/Activity: Victoria Jennings Project/Activity: Rockland ARC Living fund reservation for the capital advance is 18 Residences, Chicago, Illinois, Project Alternatives, New York, New York, Project months from the date of issuance, with Number: 071–HD088. Number: 012–HD061. limited exceptions up to 24 months. Nature of Requirement: HUD provides Nature of Requirement: HUD provides Granted by: William C. Apgar, Assistant capital advances under section 202 of the capital advances under section 202 of the Secretary for Housing-Federal Housing Housing Act of 1959 (12 U.S.C. 1701q) and Housing Act of 1959 (12 U.S.C. 1701q) and Commissioner. section 811 of the National Affordable section 811 of the National Affordable Date Granted: March 12, 1999. Housing Act (42 U.S.C. 8013). 24 CFR Housing Act (42 U.S.C. 8013). 24 CFR Reasons Waived: Sponsor/owner had to 891.165 provides that the duration of the 891.165 provides that the duration of the acquire additional sources of funding for the fund reservation for the capital advance is 18 fund reservation for the capital advance is 18 project. months from the date of issuance, with months from the date of issuance, with 43. Regulation: 24 CFR 891.165. limited exceptions up to 24 months. limited exceptions up to 24 months. Project/Activity: East 21st Street Midwood Granted by: William C. Apgar, Assistant Granted by: William C. Apgar, Assistant Residence, Project Number: 012–HD052. Secretary for Housing-Federal Housing Secretary for Housing-Federal Housing Nature of Requirement: HUD provides Commissioner. Commissioner. capital advances under section 202 of the Date Granted: March 16, 1999. Date granted: February 26, 1999. Housing Act of 1959 (12 U.S.C. 1701q) and Reasons Waived: Time was needed for Reasons Waived: The sponsor/owner had section 811 of the National Affordable HUD to process the firm application and to complete a very lengthy and complex New Housing Act (42 U.S.C. 8013). 24 CFR review the closing documents. York State site approval process. 891.165 provides that the duration of the 47. Regulation: 24 CFR 891.165. Project/Activity: Crystal Court Apartments, 40. Regulation: 24 CFR 891.165. fund reservation for the capital advance is 18 Chicago, Illinois, Project Number: 071– Project/Activity: Council Towers IV, New months from the date of issuance, with HD009. York, New York, Project Number: 012– limited exceptions up to 24 months. Nature of Requirement: HUD provides EE211. Granted by: William C. Apgar, Assistant capital advances under section 202 of the Nature of Requirement: HUD provides Secretary for Housing-Federal Housing Housing Act of 1959 (12 U.S.C. 1701q) and capital advances under section 202 of the Commissioner. section 811 of the National Affordable Housing Act of 1959 (12 U.S.C. 1701q) and Date Granted: March 16, 1999. Housing Act (42 U.S.C. 8013). 24 CFR section 811 of the National Affordable Reasons Waived: Several review 891.165 provides that the duration of the Housing Act (42 U.S.C. 8013). 24 CFR deficiencies had to be corrected by the fund reservation for the capital advance is 18 891.165 provides that the duration of the sponsor prior to acceptance of the months from the date of issuance, with fund reservation for the capital advance is 18 application for processing. Also, a lengthy limited exceptions up to 24 months. months from the date of issuance, with New York State site review and approval Granted by: William C. Apgar, Assistant limited exceptions up to 24 months. process had to be completed. Secretary for Housing-Federal Housing Granted by: William C. Apgar, Assistant 44. Regulation: 24 CFR 891.165. Commissioner. Secretary for Housing-Federal Housing Project/Activity: Hale O Mana’O Lana Date Granted: March 16, 1999. Commissioner. Housing, Wailuku, Hawaii, Project Number: Reasons Waived: The sponsor/owner Date granted: February 26, 1999. 140–HD015. needed additional time to obtain a building Reasons Waived: It took the professional Nature of Requirement: HUD provides permit from the City of Chicago. cost estimator extra time to submit a product capital advances under section 202 of the 48. Regulation: 24 CFR 891.165. acceptable to HUD, and the sponsor’s Firm Housing Act of 1959 (12 U.S.C. 1701q) and Project/Activity: Salvation Army Group Commitment application was revised several section 811 of the National Affordable Home-Pulaski, New York, New York, Project times in the course of 12 months in order to Housing Act (42 U.S.C. 8013). 24 CFR Number: 012–HD029. achieve feasibility. 891.165 provides that the duration of the Nature of Requirement: HUD provides 41. Regulation: 24 CFR 891.165. fund reservation for the capital advance is 18 capital advances under section 202 of the Project/Activity: Independent Living months from the date of issuance, with Housing Act of 1959 (12 U.S.C. 1701q) and Apartment Complex, Project Number: 140– limited exceptions up to 24 months. section 811 of the National Affordable HD014. Granted by: William C. Apgar, Assistant Housing Act (42 U.S.C. 8013). 24 CFR Nature of Requirement: HUD provides Secretary for Housing-Federal Housing 891.165 provides that the duration of the capital advances under section 202 of the Commissioner. fund reservation for the capital advance is 18 Housing Act of 1959 (12 U.S.C. 1701q) and Date Granted: March 16, 1999. months from the date of issuance, with section 811 of the National Affordable Reasons Waived: Additional time was limited exceptions up to 24 months. Housing Act (42 U.S.C. 8013). 24 CFR needed for the owners to obtain a survey and Granted by: William C. Apgar, Assistant 891.165 provides that the duration of the file an application to subdivide the property Secretary for Housing-Federal Housing fund reservation for the capital advance is 18 in the Land Court. Commissioner. months from the date of issuance, with 45. Regulation: 24 CFR 891.165. Date Granted: March 16, 1999. limited exceptions up to 24 months. Project/Activity: W.K. Nursing Home Reasons Waived: Additional time was Granted by: William C. Apgar, Assistant Housing for the Elderly, New York, New required to complete the approval process for Secretary for Housing-Federal Housing York, Project Number: 012–EE212. city-owned land and to clear project for Commissioner. Nature of Requirement: HUD provides initial closing. Date Granted: March 10, 1999. capital advances under section 202 of the 49. Regulation: 24 CFR 891.165. Reasons Waived: Time was needed because Housing Act of 1959 (12 U.S.C. 1701q) and Project/Activity: Salvation Army Group during the processing of the firm section 811 of the National Affordable Home-Topping, New York, New York, Project commitment, a legal problem was discovered Housing Act (42 U.S.C. 8013). 24 CFR Number: 012–HD027. with the site. A new survey had to be 891.165 provides that the duration of the Nature of Requirement: HUD provides completed in order to revise the legal fund reservation for the capital advance is 18 capital advances under section 202 of the

VerDate 18-JUN-99 11:49 Aug 11, 1999 Jkt 183247 PO 00000 Frm 00007 Fmt 4701 Sfmt 4703 E:\FR\FM\A12AU3.065 pfrm07 PsN: 12AUN2 44088 Federal Register / Vol. 64, No. 155 / Thursday, August 12, 1999 / Notices

Housing Act of 1959 (12 U.S.C. 1701q) and 53. Regulation: 24 CFR 891.165. Date Granted: March 18, 1999. section 811 of the National Affordable Project/Activity: Kaneohe Elderly, Reasons Waived: The initial closing was Housing Act (42 U.S.C. 8013). 24 CFR Kaneohe, Oahu, Hawaii, Project Number: delayed due to the length of time it took the 891.165 provides that the duration of the 140–EH015. sponsor/owner to identify additional funding fund reservation for the capital advance is 18 Nature of Requirement: HUD provides resources for project feasibility. months from the date of issuance, with capital advances under section 202 of the 57. Regulation: 24 CFR 891.165. limited exceptions up to 24 months. Housing Act of 1959 (12 U.S.C. 1701q) and Project/Activity: Accessible Space-Corpus, Granted by: William C. Apgar, Assistant section 811 of the National Affordable Corpus Christi, Texas, Project Number: 115– Secretary for Housing-Federal Housing Housing Act (42 U.S.C. 8013). 24 CFR HD022. Commissioner. 891.165 provides that the duration of the Nature of Requirement: HUD provides Date Granted: March 16, 1999. fund reservation for the capital advance is 18 capital advances under section 202 of the Reasons Waived: Additional time was months from the date of issuance, with Housing Act of 1959 (12 U.S.C. 1701q) and required to complete the approval process for limited exceptions up to 24 months. section 811 of the National Affordable city-owned land and to clear the project for Granted by: William C. Apgar, Assistant Housing Act (42 U.S.C. 8013). 24 CFR initial closing. Secretary for Housing-Federal Housing 891.165 provides that the duration of the 50. Regulation: 24 CFR 891.165. Commissioner. fund reservation for the capital advance is 18 Project/Activity: Randolph Housing Date Granted: March 17, 1999. months from the date of issuance, with Services, Randolph, Vermont, Project Reasons Waived: Additional time was limited exceptions up to 24 months. Number: 024–EE034. needed by HUD to process the firm Granted by: William C. Apgar, Assistant Nature of Requirement: HUD provides commitment application and for the project Secretary for Housing-Federal Housing capital advances under section 202 of the to reach initial closing. Commissioner. Housing Act of 1959 (12 U.S.C. 1701q) and 54. Regulation: 24 CFR 891.165. Date Granted: March 18, 1999. section 811 of the National Affordable Project/Activity: Hale Mahaolu Eono, Reasons Waived: Time was needed for Housing Act (42 U.S.C. 8013). 24 CFR Kaunakakai, Hawaii, Project Number: 140– HUD to process the firm application and 891.165 provides that the duration of the EE014. review the closing documents. fund reservation for the capital advance is 18 Nature of Requirement: HUD provides 58. Regulation: 24 CFR 891.165. months from the date of issuance, with capital advances under section 202 of the Project/Activity: Covenant Place, Project limited exceptions up to 24 months. Housing Act of 1959 (12 U.S.C. 1701q) and Number: 075–EE045. Granted by: William C. Apgar, Assistant section 811 of the National Affordable Nature of Requirement: HUD provides Secretary for Housing-Federal Housing Housing Act (42 U.S.C. 8013). 24 CFR capital advances under section 202 of the 891.165 provides that the duration of the Commissioner. Housing Act of 1959 (12 U.S.C. 1701q) and fund reservation for the capital advance is 18 Date Granted: March 16, 1999. section 811 of the National Affordable months from the date of issuance, with Reasons Waived: Additional time was Housing Act (42 U.S.C. 8013). 24 CFR limited exceptions up to 24 months. required for the sponsor/owner to resolve 891.165 provides that the duration of the Granted by: William C. Apgar, Assistant historic preservation concerns. fund reservation for the capital advance is 18 Secretary for Housing-Federal Housing 51. Regulation: 24 CFR 891.165. Commissioner. months from the date of issuance, with Project/Activity: Jefferson Cottage, Charles Date Granted: March 17, 1999. limited exceptions up to 24 months. Town, West Virginia, Project Number: 045– Reasons Waived: Time was needed for Granted by: William C. Apgar, Assistant HD021. HUD to process the firm application. Secretary for Housing-Federal Housing Nature of Requirement: HUD provides 55. Regulation: 24 CFR 891.165. Commissioner. capital advances under section 202 of the Project/Activity: Kaneohe Elderly, Date Granted: March 20, 1999. Housing Act of 1959 (12 U.S.C. 1701q) and Kaneohe, Oahu, Hawaii, Project Number: Reasons Waived: Additional time was section 811 of the National Affordable 140–EH015. needed for HUD legal staff to review Housing Act (42 U.S.C. 8013). 24 CFR Nature of Requirement: HUD provides documents. 891.165 provides that the duration of the capital advances under section 202 of the 59. Regulation: 24 CFR 891.165. fund reservation for the capital advance is 18 Housing Act of 1959 (12 U.S.C. 1701q) and Project/Activity: Tongore Pines, Project months from the date of issuance, with section 811 of the National Affordable Number: 012–EE193. limited exceptions up to 24 months. Housing Act (42 U.S.C. 8013). 24 CFR Nature of Requirement: HUD provides Granted by: William C. Apgar, Assistant 891.165 provides that the duration of the capital advances under section 202 of the Secretary for Housing-Federal Housing fund reservation for the capital advance is 18 Housing Act of 1959 (12 U.S.C. 1701q) and Commissioner. months from the date of issuance, with section 811 of the National Affordable Date Granted: March 17, 1999. limited exceptions up to 24 months. Housing Act (42 U.S.C. 8013). 24 CFR Reasons Waived: The project was delayed Granted by: William C. Apgar, Assistant 891.165 provides that the duration of the due to the owner’s inability to obtain Secretary for Housing-Federal Housing fund reservation for the capital advance is 18 subdivision approval from the local county Commissioner. months from the date of issuance, with commission in a timely manner. Date Granted: March 17, 1999. limited exceptions up to 24 months. 52. Regulation: 24 CFR 891.165. Reasons Waived: The project is being Granted by: William C. Apgar, Assistant Project/Activity: Jefferson Villa, Charles developed in conjunction with units funded Secretary for Housing-Federal Housing Town, West Virginia, Project Number: 045– through other funding sources and delays Commissioner. HD022. have been caused by trying to get all funding Date Granted: March 23, 1999. Nature of Requirement: HUD provides commitments in order. Reasons Waived: The project’s original capital advances under section 202 of the 56. Regulation: 24 CFR 891.165. architect failed to produce a feasible project Housing Act of 1959 (12 U.S.C. 1701q) and Project/Activity: Becerra Apartments, and the sponsor/owner had to retain a new section 811 of the National Affordable Project Number: 136–HD008. project architect. Housing Act (42 U.S.C. 8013). 24 CFR Nature of Requirement: HUD provides 60. Regulation: 24 CFR 891.165. 891.165 provides that the duration of the capital advances under section 202 of the Project/Activity: Royal Gardens, Chicago, fund reservation for the capital advance is 18 Housing Act of 1959 (12 U.S.C. 1701q) and Illinois, Project Number: 071–EE125. months from the date of issuance, with section 811 of the National Affordable Nature of Requirement: HUD provides limited exceptions up to 24 months. Housing Act (42 U.S.C. 8013). 24 CFR capital advances under section 202 of the Granted by: William C. Apgar, Assistant 891.165 provides that the duration of the Housing Act of 1959 (12 U.S.C. 1701q) and Secretary for Housing-Federal Housing fund reservation for the capital advance is 18 section 811 of the National Affordable Commissioner. months from the date of issuance, with Housing Act (42 U.S.C. 8013). 24 CFR Date Granted: March 17, 1999. limited exceptions up to 24 months. 891.165 provides that the duration of the Reasons Waived: Sponsor/owner was Granted by: William C. Apgar, Assistant fund reservation for the capital advance is 18 unable to obtain a timely subdivision Secretary for Housing-Federal Housing months from the date of issuance, with approval from the local county commission. Commissioner. limited exceptions up to 24 months.

VerDate 18-JUN-99 11:49 Aug 11, 1999 Jkt 183247 PO 00000 Frm 00008 Fmt 4701 Sfmt 4703 E:\FR\FM\A12AU3.067 pfrm07 PsN: 12AUN2 Federal Register / Vol. 64, No. 155 / Thursday, August 12, 1999 / Notices 44089

Granted by: William C. Apgar, Assistant Granted by: William C. Apgar, Assistant Housing Act of 1959 (12 U.S.C. 1701q) and Secretary for Housing-Federal Housing Secretary for Housing-Federal Housing section 811 of the National Affordable Commissioner. Commissioner. Housing Act (42 U.S.C. 8013). 24 CFR Date Granted: March 23, 1999. Date Granted: March 26, 1999. 891.165 provides that the duration of the Reasons Waived: The sponsor/owner had Reasons waived: Delays were caused by a fund reservation for the capital advance is 18 difficulty identifying additional funding for new land acquisition policy for city-owned months from the date of issuance, with the project. parcels that involved Aldermanic approval, limited exceptions up to 24 months. 61. Regulation: 24 CFR 891.165. and owner had to secure additional funding. Granted by: William C. Apgar, Assistant Project/Activity: Habilitative Systems, 65. Regulation: 24 CFR 891.165. Secretary for Housing-Federal Housing Chicago, Illinois, Project Number: 071-EE115. Project/Activity: Franklin Place, Commissioner. Nature of Requirement: Request for fund Elizabethton, Tennessee, Project Number: Date Granted: March 26, 1999. reservation extension. Duration of capital 087–EE028. Reasons Waived: The original site was lost advance. Nature of Requirement: HUD provides due to a misrepresentation by the seller, and Granted by: William C. Apgar, Assistant capital advances under section 202 of the the owner had difficulty locating another Secretary for Housing-Federal Housing Housing Act of 1959 (12 U.S.C. 1701q) and site. Commissioner. section 811 of the National Affordable 69. Regulation: 24 CFR 891.165. Date Granted: March 23, 1999. Housing Act (42 U.S.C. 8013). 24 CFR Project/Activity: Chandler Supportive Reasons Waived: The sponsor/owner filed 891.165 provides that the duration of the Housing, Chandler, Arizona, Project Number: for secondary financing for money to cover fund reservation for the capital advance is 18 123–HD015. other expenses needed for this project, and months from the date of issuance, with Nature of Requirement: HUD provides the Chicago staff is in the process of limited exceptions up to 24 months. capital advances under section 202 of the Granted by: William C. Apgar, Assistant Housing Act of 1959 (12 U.S.C. 1701q) and completing the mortgage credit review. Secretary for Housing-Federal Housing section 811 of the National Affordable 62. Regulation: 24 CFR 891.165. Commissioner. Housing Act (42 U.S.C. 8013). 24 CFR Project/Activity: Evangeline Booth Garden Date Granted: March 26, 1999. 891.165 provides that the duration of the Apartments, Ocala, Florida, Project Number: Reasons waived: Delays were caused by fund reservation for the capital advance is 18 063-EE011. problems with the site, and HUD needed months from the date of issuance, with Nature of Requirement: HUD provides time to process the firm commitment limited exceptions up to 24 months. capital advances under section 202 of the application. Granted by: William C. Apgar, Assistant Housing Act of 1959 (12 U.S.C. 1701q) and 66. Regulation: 24 CFR 891.165. Secretary for Housing-Federal Housing section 811 of the National Affordable Project/Activity: Woodgrove Apartments, Commissioner. Housing Act (42 U.S.C. 8013). 24 CFR Maryville, Tennessee, Project Number: 087– Date Granted: March 30, 1999. 891.165 provides that the duration of the HD033. Reasons Waived: Time needed for HUD to fund reservation for the capital advance is 18 Nature of Requirement: HUD provides review firm application. months from the date of issuance, with capital advances under section 202 of the 70. Regulation: 24 CFR 891.165. limited exceptions up to 24 months. Housing Act of 1959 (12 U.S.C. 1701q) and Project/Activity: Kuehl Apartments, Project Granted by: William C. Apgar, Assistant section 811 of the National Affordable Number: 033–HD031. Secretary for Housing-Federal Housing Housing Act (42 U.S.C. 8013). 24 CFR Nature of Requirement: HUD provides Commissioner. 891.165 provides that the duration of the capital advances under section 202 of the Date Granted: March 24, 1999. fund reservation for the capital advance is 18 Housing Act of 1959 (12 U.S.C. 1701q) and Reasons waived: Additional time was months from the date of issuance, with section 811 of the National Affordable required for HUD to complete the processing limited exceptions up to 24 months. Housing Act (42 U.S.C. 8013). 24 CFR for the project. Granted by: William C. Apgar, Assistant 891.165 provides that the duration of the 63. Regulation: 24 CFR 891.165. Secretary for Housing-Federal Housing fund reservation for the capital advance is 18 Project/Activity: Passaic Consumer Home, Commissioner. months from the date of issuance, with Passaic, New Jersey, Project Number: 031– Date Granted: March 26, 1999. limited exceptions up to 24 months. HD074. Reasons waived: Due to neighborhood Granted by: William C. Apgar, Assistant Nature of Requirement: HUD provides opposition, the owner had to relocate the Secretary for Housing-Federal Housing capital advances under section 202 of the project to another site. Commissioner. Housing Act of 1959 (12 U.S.C. 1701q) and 67. Regulation: 24 CFR 891.165. Date Granted: March 30, 1999. section 811 of the National Affordable Project/Activity: Micki Thompson Reasons Waived: Delays were caused by a Housing Act (42 U.S.C. 8013). 24 CFR Apartments, Crossville, Tennessee, Project change in construction methods from 891.165 provides that the duration of the Number: 087–HD030. rehabilitation to new construction in order to fund reservation for the capital advance is 18 Nature of Requirement: HUD provides make the project feasible. months from the date of issuance, with capital advances under section 202 of the 71. Regulation: 24 CFR 891.165. limited exceptions up to 24 months. Housing Act of 1959 (12 U.S.C. 1701q) and Project/Activity: Poux Apartments, Project Granted by: William C. Apgar, Assistant section 811 of the National Affordable Number: 033–HD030. Secretary for Housing-Federal Housing Housing Act (42 U.S.C. 8013). 24 CFR Nature of Requirement: HUD provides Commissioner. 891.165 provides that the duration of the capital advances under section 202 of the Date Granted: March 24, 1999. fund reservation for the capital advance is 18 Housing Act of 1959 (12 U.S.C. 1701q) and Reasons waived: Time was needed for months from the date of issuance, with section 811 of the National Affordable HUD to review the initial closing package limited exceptions up to 24 months. Housing Act (42 U.S.C. 8013). 24 CFR and schedule a closing date. Granted by: William C. Apgar, Assistant 891.165 provides that the duration of the 64. Regulation: 24 CFR 891.165. Secretary for Housing-Federal Housing fund reservation for the capital advance is 18 Project/Activity: Abraham Lincoln Centre, Commissioner. months from the date of issuance, with Chicago, Illinois, Project Number: 071– Date Granted: March 26, 1999. limited exceptions up to 24 months. HD095. Reasons waived: Additional time was Granted by: William C. Apgar, Assistant Nature of Requirement: HUD provides needed for the owner to obtain additional Secretary for Housing-Federal Housing capital advances under section 202 of the funds for feasibility and for HUD to process Commissioner. Housing Act of 1959 (12 U.S.C. 1701q) and the firm application. Date Granted: March 31, 1999. section 811 of the National Affordable 68. Regulation: 24 CFR 891.165. Reasons Waived: The sponsor/owner had Housing Act (42 U.S.C. 8013). 24 CFR Project/Activity: Lloyd Street Apartments, to change sites due to public opposition. 891.165 provides that the duration of the Oneida, Tennessee, Project Number: 087- For Items 72 Through 74, Waivers Granted fund reservation for the capital advance is 18 HD031. for 24 CFR Part 891, Contact: Jerold months from the date of issuance, with Nature of Requirement: HUD provides Nachison, Eastern and Atlantic Servicing limited exceptions up to 24 months. capital advances under section 202 of the Branch, Office of Portfolio Management,

VerDate 18-JUN-99 11:49 Aug 11, 1999 Jkt 183247 PO 00000 Frm 00009 Fmt 4701 Sfmt 4703 E:\FR\FM\A12AU3.068 pfrm07 PsN: 12AUN2 44090 Federal Register / Vol. 64, No. 155 / Thursday, August 12, 1999 / Notices

Room 6168, U.S. Department of Housing and prior Section 202/811 projects. Hub staff certificate/voucher holder may seek housing Urban Development, 451 Seventh Street, SW, have requested immediate revision of the to be leased under the program. Washington, DC 20410–8000; telelphone occupancy plan, tenant selection criteria, and Granted by: Harold Lucas, Assistant (202) 708–3730 (this is not a toll-free management plan as soon as possible for Secretary for Public and Indian Housing. number). Hearing-or speech impaired submission to the Hub Director for approval Date Granted: January 20, 1999. persons may access this number via TTY by in efforts to restore the project to Section Reasons Waived: Approval of the waiver calling the Federal Information Relay Service 202/PRAC for the elderly. Additionally, the provided the certificate holder additional at (800) 877–8339. waiting list for non-elderly disabled time to seek housing. The certificate holder 72. Regulation: 24 CFR 891.575 and 610(c). individuals or families must be abolished experienced extreme difficulty in locating a Project/Activity: Long Beach, California immediately and those inappropriately suitable unit. (Village Congregational, Project No. 122– housed must be helped to locate to other 77. Regulation: 24 CFR 982.303(b)(1). EH235). The Los Angeles Multifamily HUB subsidized projects in which they may be Project/Activity: Housing Authority of has requested an income and age waiver for housed. Alameda County, California; Section 8 Rental this project. For Items 75 Through 80, Waivers Granted Certificate Program. Nature of Requirement: HUD regulations at for 24 CFR Parts 982 and 983, Contact: Gloria Nature of Requirement: The regulation 24 CFR part 891 require that occupancy be J. Cousar, Deputy Assistant Secretary for provides for a maximum rental certificate/ limited to Very Low Income (VLI) elderly Public and Assisted Housing Delivery, Office voucher term of 120 days during which a persons (i.e., households composed of 1 or of Public and Indian Housing, Room 4204, certificate/voucher holder may seek housing more persons at least one of whom is 62 U.S. Department of Housing and Urban to be leased under the program. years of age at time of initial occupancy). Development, 451 Seventh Street, SW, Granted by: Harold Lucas, Assistant Granted by: William C. Apgar, Assistant Washington, DC 20410–5000; telephone (202) Secretary for Public and Indian Housing. Secretary for Housing-Federal Housing 619–8201 (this is not a toll-free number). Date Granted: March 2, 1999. Commissioner. Hearing-or speech-impaired persons may Reasons Waived: The waiver provided Date Granted: February 22, 1999. access this number via TTY by calling the extra search time to a certificate holder who Reasons Waived: The Assistant Secretary toll-free Federal Information Relay Service at was bedridden during the period the granted the waiver, which provides guidance (800) 877–8339. certificate was in effect. on project oversight and is based on the 75. Regulation: 24 CFR 982.302(b) and (c); 78. Regulation: 24 CFR 982.303(b)(1). special circumstances of this case. The 982.305(a)(3), (c), (d), and (e); 982.307(b); Project/Activity: Housing Authority of waiver is requested to assist the project in 982.308(b), (c), and (d); 982.309; 982.310; Alameda County, California; Section 8 reaching full occupancy in the local market. 982.311; 982.313; part 982, subpart J; Certificate Program. 73. Regulation: 24 CFR 891.575 and 610(c). 982.622(b)(2) and (b)(4); and 982.623 (c) and Nature of Requirement: The regulation Project/Activity: Muskegon, Michigan (d). provides for a maximum rental certificate/ (Christian Manor, Project No. 047–EH069). Project/Activity: Section 557 of the Quality voucher term of 120 days during which a The Detroit Multifamily HUB requested an Housing and Work Responsibility Act of certificate/voucher holder may seek housing income and age waiver for this project. 1998 provides that HUD shall carry out a to be leased under the program. Nature of Requirement: HUD regulations at demonstration program during fiscal years Granted by: Harold Lucas, Assistant 24 CFR part 891 require that occupancy be 1999, 2000, and 2001. The purpose of the Secretary for Public and Indian Housing. limited to Very Low Income (VLI) elderly demonstration is to test the effectiveness of Date Granted: March 2, 1999. persons (i.e., households composed of one or providing tenant-based assistance payments Reasons Waived: The waiver permitted a more persons at least one of whom is 62 directly to manufactured home owners who certificate holder to complete the necessary years of age at time of initial occupancy). wish to rent the manufactured home space paperwork for moving into a suitable unit. Granted by: William C. Apgar, Assistant with Section 8 assistance in cases where the 79. Regulation: 24 CFR 982.307(b)(i). Secretary for Housing-Federal Housing owner of the real property (the manufactured Project/Activity: Linn-Benton Housing Commissioner.. home space) refuses to participate in the Authority, Oregon; Section 8 Certificate Date Granted: February 22, 1999. Section 8 rental assistance program. The Program. Reasons Waived: The Assistant Secretary statute limits public housing agency Nature of Requirement: This section of the granted the waiver because of the area’s participation in this demonstration to the regulations requires the housing agency to ‘‘soft’’ housing market and the difficulty in Housing Authority of the County of San provide the owner with specific information renting remaining units. The waiver would Diego and the Housing Authority of the City about the tenant. allow project management additional of San Diego (the San Diego Housing Granted by: Harold Lucas, Assistant flexibility in attempting to rent up these units Commission). Secretary for Public and Indian Housing. and perhaps start a waiting list. Nature of Requirement: The regulations Date Granted: March 26, 1999. 74. Regulation: 24 CFR 891.575 and 610(c). provide that housing assistance payments Reasons Waived: As a reasonable Project/Activity: The Philadelphia must be made to the owner of the real accommodation to the family, the housing Multifamily Hub requested waiver of the age property (manufactured home space) and authority was not required to supply the requirement for 10 current heads of include various other owner requirement family’s previous address to the new household/tenants under the age of 62 at the (e.g., executing a housing assistance payment landlord. Sarah Allen Senior Housing Project, Project contract and security deposits, etc.). 80. Regulation: 24 CFR 983.7(b)(2), 983.8, No. 034–EE018, in Philadelphia, Granted by: Harold Lucas, Assistant 983.101, and 983.203(a)(4). Pennsylvania. Secretary for Public and Indian Housing. Project/Activity: The New Brunswick Nature of Requirement: HUD regulations at Date Granted: February 10, 1999. Housing and Redevelopment Authority, New 24 CFR part 891 require that occupancy be Reasons Waived: To permit the San Diego Jersey requested the waivers to provide limited to Very Low Income (VLI) elderly Housing Commission and Housing Authority project-based certificate assistance for 40 persons (i.e., households composed of 1 or of the County of San Diego to make Section units at Providence Square Apartments. more persons at least one of who is 62 years 8 housing assistance payments for the rental Nature of Requirement: The regulations of age at time of initial occupancy). of manufactured home spaces directly to prohibit attachment of assistance to housing Granted by: William C. Apgar, Assistant manufactured home owners (participating for which rehabilitation is started before an Secretary for Housing-Federal Housing families) under the manufactured housing agreement execution (24 CFR 983.7(b)(2)), Commissioner. demonstration program. require a rehabilitation expenditure of $1,000 Date Granted: March 22, 1999. 76. Regulation: 24 CFR 982.303(b)(1). per unit (24 CFR 983.8), require an agreement Reasons Waived: The waiver is based on Project/Activity: Shrewsbury Housing to rehabilitate (24 CFR 983.101), and require the circumstances of this case in which the Authority, Massachusetts; Section 8 Rental that participants must be selected from the sponsoring organization apparently did not Certificate Program. housing agency’s waiting list (983.203(a)(4)). pay attention at the application workshop Nature of Requirement: The regulation Granted by: Harold Lucas, Assistant nor properly read the materials, and used the provides for a maximum rental certificate/ Secretary for Public and Indian Housing. same occupancy plan that was used with voucher term of 120 days during which a Date Granted: January 6, 1999.

VerDate 18-JUN-99 11:49 Aug 11, 1999 Jkt 183247 PO 00000 Frm 00010 Fmt 4701 Sfmt 4703 E:\FR\FM\A12AU3.070 pfrm07 PsN: 12AUN2 Federal Register / Vol. 64, No. 155 / Thursday, August 12, 1999 / Notices 44091

Reasons Waived: The waivers covered 40 Act authorized PBC assistance for Providence would otherwise be caused by their elderly families who were living at Square. Approval of the waivers provided displacement. Providence Square. Providence Square is a assistance to Section 8 eligible in-place [FR Doc. 99–20802 Filed 8–11–99; 8:45 am] 98-unit apartment building for the elderly. elderly tenants and prevented hardship that Section 219 of HUD’s 1997 Appropriations BILLING CODE 4210±32±P

VerDate 18-JUN-99 11:49 Aug 11, 1999 Jkt 183247 PO 00000 Frm 00011 Fmt 4701 Sfmt 4703 E:\FR\FM\A12AU3.072 pfrm07 PsN: 12AUN2 eDt 8JN9 15 u 1 99Jt134 O000Fm001Ft41 ft41 :F\MA2U.0 fm7PsN:12AUR2 pfrm07 E:\FR\FM\A12AU0.005 Sfmt4717 Fmt4717 Frm00001 PO00000 Jkt183247 11:52Aug11, 1999 VerDate 18-JUN-99 federal register August 12,1999 Thursday Change; FinalRule Fair HousingMarketing;Nomenclature Compliance ProceduresforAffirmative 24 CFRPart108 Development Housing andUrban Department of Part III 44093 44094 Federal Register / Vol. 64, No. 155 / Thursday, August 12, 1999 / Rules and Regulations

DEPARTMENT OF HOUSING AND recent internal HUD organizational Fairness Boards and National URBAN DEVELOPMENT changes, however, these offices no Ombudsman program, at the time longer exist as they did when the enforcement actions are taken, to ensure 24 CFR Part 108 regulations were issued in 1979. that small entities have the full means [Docket No. FR±4514±F±01] This final rule replaces references to to comment on the enforcement activity Area Office and Regional Office with the conducted by HUD. Accordingly, this RIN 2529±AA87 terms monitoring office and civil rights/ rule adopts the language requested by compliance reviewing office, Compliance Procedures for Affirmative the SBA and it is included in respectively. These terms do not § 108.25(b). Fair Housing Marketing; Nomenclature correspond to actual offices within Change HUD, but are intended to reflect the II. Justification for Final Rulemaking AGENCY: Office of the Assistant functions of each office within the compliance process. HUD will publish HUD generally publishes a rule for Secretary for Fair Housing and Equal public comment before issuing a rule for Opportunity, HUD. concurrently with this final rule a notice in the Federal Register that designates effect, in accordance with its own ACTION: Final rule. the specific offices within HUD that will regulations on rulemaking at 24 CFR SUMMARY: HUD’s regulations at 24 CFR act as monitoring and civil rights/ part 10. Part 10 provides for exceptions part 108 cover compliance procedures compliance reviewing offices under this to the general rule if the agency finds for affirmative fair housing marketing. part. In the future, should HUD’s good cause to omit advance notice and As a result of internal HUD internal organizational structure change public participation. The good cause organizational changes, the offices again, the specific offices that will act as requirement is satisfied when prior referred to in these regulations no longer monitoring and civil rights/compliance public procedure is ‘‘impracticable, exist as they did when the regulations reviewing offices will again be unnecessary, or contrary to the public were issued. This final rule updates designated through a notice published interest’’ (24 CFR 10.1). For the these references. This final rule also in the Federal Register. following reasons, HUD finds that good incorporates language that all With respect to compliance reviews, cause exists to publish this rule for correspondence that could lead to an which are addressed in 24 CFR part 108, effect without first soliciting public enforcement action against a small HUD is cognizant that section 222 of the comment. entity (such as audits, investigations, or Small Business Regulatory Enforcement This final rule makes nomenclature compliance reviews) will notify the Fairness Act (SBREFA) requires the changes to 24 CFR part 108. As a result small entity of its right to comment to Small Business and Agriculture of internal HUD organizational changes the National Small Business Regulatory Enforcement Ombudsman to the offices referred to in the current Ombudsman. This requirement is added ‘‘work with each agency with regulatory regulations no longer exist as they did in accordance with the Small Business authority over small businesses to when the regulations were issued. This Regulatory Enforcement Fairness Act. ensure that small business concerns that final rule merely replaces references to DATES: Effective date: September 13, receive or are subject to an audit, on-site Area Office and Regional Office with the 1999. inspection, compliance assistance effort terms monitoring office and civil rights/ or other enforcement related FOR FURTHER INFORMATION CONTACT: compliance reviewing office, communication or contact by agency Pamela D. Walsh, Office of Fair Housing respectively. This rule also amends 24 personnel are provided with a means to and Equal Opportunity, Room 5224, CFR part 108 to include ‘‘notification’’ comment on the enforcement activity U.S. Department of Housing and Urban language to small entities, consistent conducted by this personnel.’’ To Development, 451 Seventh Street, SW, with SBREFA, which the SBA has implement this statutory provision, the Washington, DC, 20410–2000; telephone requested Federal agencies adopt in Small Business Administration has (202) 708–2288 (this is not a toll-free their enforcement regulations, and requested that agencies include the number). Hearing-or speech-impaired which HUD has agreed to adopt in its following language on agency individuals may access this number via enforcement regulations. Neither of publications and notices that are TTY by calling the toll-free Federal these two amendments make any provided to small businesses concerns Information Relay Service at (800) 877– substantive changes to the compliance at the time the enforcement action is 8339. procedures contained in part 108. undertaken. The language is as follows: SUPPLEMENTARY INFORMATION: Therefore, we have determined that it is Your Comments Are Important unnecessary to publish this rule for I. Background Information The Small Business and Agriculture public comment prior to publishing the HUD’s regulations at 24 CFR part 108 Regulatory Enforcement Ombudsman and 10 rule for effect. cover compliance procedures for Regional Fairness Boards were established to receive comments from small businesses III. Findings and Certifications affirmative fair housing marketing. about federal agency enforcement actions. These regulations were published in The Ombudsman will annually evaluate the Environmental Impact 1979. Since then, HUD and the Office of enforcement activities and rate each agency’s Fair Housing and Equal Opportunity responsiveness to small business. If you wish This final rule involves regulations have experienced several to comment on the enforcement actions of that set out fair housing or reorganizations. As currently [insert agency name], call 1–888–REG–FAIR nondiscrimination standards or promulgated, the regulations define a (1–888–734–3247). enforcement procedures. Accordingly, compliance process that requires two As HUD stated in its notice describing under 24 CFR 50.19(c)(3), this final rule offices to perform complementary HUD’s actions on implementation of is categorically excluded from monitoring and reviewing functions. An SBREFA, which was published on May environmental review under the Area Office is primarily responsible for 21, 1998 (63 FR 28214), HUD intends to National Environmental Policy Act of monitoring functions and a Regional work with the Small Business 1969 (Public Law 91–190, 83 Stat. 852, Office is primarily responsible for Administration (SBA) to provide small codified as amended at 42 U.S.C. 4321– reviewing functions. As a result of entities with information on the 4347).

VerDate 18-JUN-99 11:52 Aug 11, 1999 Jkt 183247 PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 E:\FR\FM\A12AU0.005 pfrm07 PsN: 12AUR2 Federal Register / Vol. 64, No. 155 / Thursday, August 12, 1999 / Rules and Regulations 44095

Regulatory Flexibility Act HUD’s programs. HUD’s programs tribal governments or on the private Section 605(b). The Secretary has should provide the leadership in sector. marketing sales and rentals of homes reviewed this final rule before Federalism Impact publication and by approving it that affirmatively furthers fair housing. (2) HUD has not received complaints The General Counsel, as the certifies, in accordance with the Designated Official under section 6(a) of Regulatory Flexibility Act (5 U.S.C. about this rule. (3) The rule is not complex. Executive Order 12612 (entitled 605(b)), that this final rule would not ‘‘Federalism’’), has determined that the have a significant economic impact on (4) The rule does not overlap, duplicate or conflict with other Federal policies contained in this rule will not a substantial number of small entities. have substantial direct effects on States This final rule implements a rules, nor, to the extent feasible, with State and local governmental rules. or their political subdivisions, on the nomenclature change only and does not relationship between the Federal make any substantive changes to the Again, this rule is only applicable to HUD programs. Government and the States, or on the regulations at 24 CFR part 108. distribution of power and (5) The rule was last evaluated in Therefore, the action taken by this rule responsibilities among various levels of 1995 as part of President Clinton’s (the nomenclature change) does not government. create any additional burden. directive to all Federal agencies to Section 610. HUD notes, however, review all existing regulations and List of Subjects in 24 CFR Part 108 that changes were last made to this rule determine which regulations were Fair housing, Reporting and in 1985. Section 610 of the Regulatory obsolete, no longer necessary or could recordkeeping requirements. Flexibility Act requires Federal be consolidated with other regulations. For the reasons discussed in the Agencies to review every ten years In 1995, HUD determined, as it has now, preamble, HUD proposes to amend 24 existing regulations that have or will that this rule is needed, and that the rule CFR part 108 as follows: have a significant economic impact on did not duplicate other HUD a substantial number of small entities. regulations, and therefore consolidation PART 108ÐCOMPLIANCE The purpose of the review is to with other regulations was not PROCEDURES FOR AFFIRMATIVE determine whether existing rules should appropriate. FAIR HOUSING MARKETING be left unchanged, or whether they The marketing techniques addressed 1. The authority citation for part 108 should be revised or rescinded in order by this rule have changed given the is revised to read as follows: to minimize significant economic change in technology. The rule, impacts on a substantial number of however, does not regulate the type of Authority: 42 U.S.C. 3608, 3535(d); E.O. small entities. In deciding whether marketing techniques used. Rather, the 11063, 27 FR 11527, 3 CFR, 1958–1963 rule provides that whatever marketing Comp., p. 652; E.O. 12892, 59 FR 2939, 3 change is necessary, the Regulatory CFR, 1994 Comp., p. 849. Flexibility Act establishes several techniques the HUD program factors that must be considered: participant commits to utilize in its 2. Add new paragraphs (e) and (f) to (1) Whether the rule is still needed; Affirmative Fair Housing Marketing § 108.1 to read as follows: (2) What type of complaints or (AFHM) plan, the participant utilizes § 108.1 Purpose and application. comments were received from the such techniques to affirmatively further * * * * * public concerning the rule; fair housing. (e) The term monitoring office (3) The complexity of the rule; As noted earlier, although this rule includes any office within HUD (4) How much the rule overlaps, makes no substantive changes to 24 CFR designated by HUD to act as a duplicates or conflicts with other part 108, only nomenclature changes, monitoring office. As necessary, HUD Federal rules, and, to the extent feasible, HUD welcomes comments from its will designate specific offices within with State and local governmental rules; program participants about its part 108 HUD to act as monitoring offices and regulation and their experience with its through a notice published in the (5) How long it has been since the rule requirements to date. Comments that Federal Register. has been evaluated or how much the provide a factual basis for any views or (f) The term civil rights/compliance technology, economic conditions, or suggestions presented are particularly reviewing office includes any office other factors have changed in the area helpful to HUD in its evaluation of this within HUD designated by HUD to act affected by the rule. regulation. Comments should be as a civil rights/compliance reviewing During the years that the regulations submitted to: Office of the General office. As necessary, HUD will designate in 24 CFR part 108 have been in effect, Counsel, Rules Docket Clerk, Room specific offices within HUD to act as HUD has not received any data that 10276, U.S. Department of Housing and civil rights/compliance reviewing indicates that the requirements of this Urban Development, 451 Seventh Street, offices through a notice published in the part have had a significant economic SW, Washington, DC 20410–0500. Federal Register. impact on a substantial number of small Comments should refer to the docket 3. Revise the first and second entities. Nevertheless, HUD has number of FR–4514–F–01. sentences of § 108.15 to read as follows: reviewed this rule in accordance with Unfunded Mandates Reform Act the principles of section 610. § 108.15 Pre-occupancy conference. (1) This rule is only applicable to Title II of the Unfunded Mandates Applicants shall submit a Notification participants in certain HUD programs, Reform Act of 1995 (Public Law 104–4, of Intent to Begin Marketing to the as specified in § 108.1. Because HUD’s 109 Stat. 48, 64, codified at 2 U.S.C. monitoring office no later than 90 days mission is to provide a decent, safe and 1531–1538) (UMRA) requires Federal prior to engaging in sales or rental sanitary home and suitable living agencies to assess the effects of their marketing activities. Upon receipt of the environment for every American, and regulatory actions on State, local, and Notification of Intent to Begin Marketing this mission encompasses fighting for tribal governments and on the private from the applicant, the monitoring fair housing and increasing affordable sector. This final rule does not impose, office shall review any previously housing and homeownership, HUD within the meaning of the UMRA, any approved plan and may schedule a pre- believes that this rule is needed for Federal mandates on any State, local, or occupancy conference. * * *

VerDate 18-JUN-99 11:52 Aug 11, 1999 Jkt 183247 PO 00000 Frm 00003 Fmt 4701 Sfmt 4700 E:\FR\FM\A12AU0.006 pfrm07 PsN: 12AUR2 44096 Federal Register / Vol. 64, No. 155 / Thursday, August 12, 1999 / Rules and Regulations

4. Revise § 108.20 to read as follows: modified, the civil rights/compliance meeting is held, in writing by certified reviewing office shall schedule a mail, return receipt requested, and shall § 108.20 Monitoring office responsibility meeting with the applicant. The meeting advise the applicant that the for monitoring plans and reports. shall be held at least ten days before the Department will conduct a (a) Submission of documentation. next sales or rental report is due. The comprehensive compliance review or Pursuant to initiation of marketing, the purpose of the compliance meeting is to refer the matter to the Assistant applicant shall submit to the monitoring review the applicant’s compliance with Secretary for Fair Housing and Equal office reports documenting the AFHM requirements and the Opportunity for consideration of action implementation of the AFHM plan, implementation of the AFHM Plan and including the imposition of sanctions. including sales or rental reports, as to indicate any changes or modifications The purpose of a compliance review is required by the Department. Copies of which may be required in the Plan. to determine whether the applicant has such documentation shall be forwarded (b) Notice of Compliance Meeting. A complied with the provisions of to the civil rights/compliance reviewing Notice of Compliance Meeting shall be Executive Order 11063, title VIII of the office by the monitoring office as sent to the last known address of the Civil Rights Act of 1968, and the AFHM requested. applicant, by certified mail or through regulations in conjunction with the (b) Monitoring of AFHM plan. The personal service. The Notice will advise applicant’s specific AFHM plan monitoring office is responsible for the applicant of the right to respond previously approved by HUD. monitoring AFHM plans and providing within seven (7) days to the matters (h) Failure of applicant to attend the technical assistance to the applicant in identified as subjects of the meeting and meeting. If the applicant fails to attend preparation or modification of such to submit information and relevant data the meeting scheduled pursuant to this plans during the period of development evidencing compliance with the AFHM section, the civil rights/compliance and initial implementation. regulations, the AFHM Plan, Executive reviewing office shall so notify the (c) Review of applicant’s reports. Each Order 11063 and title VIII of the Civil applicant no later than ten (10) days sales or rental report shall be reviewed Rights Act of 1968, when appropriate. If after the date of the scheduled meeting, by the monitoring office as it is the applicant is a small entity, as in writing by certified mail, return received. When sales or rental reports defined by the regulations of the Small receipt requested, and shall advise the show that 20% of the units covered by Business Administration, the Notice applicant as to whether the civil rights/ the AFHM plan have been sold or shall include notification that the entity compliance reviewing office will rented, or whenever it appears that the may submit comment on HUD’s actions conduct a comprehensive compliance plan may not accomplish its intended to the Small Business and Agriculture review or refer the matter to the objective, the monitoring office shall Regulatory Enforcement Ombudsman, Assistant Secretary for Fair Housing and notify the civil rights/compliance and shall include the appropriate Equal Opportunity for consideration of reviewing office. contact information. action including the imposition of (d) Failure of applicant to file * * * * * sanctions. documentation. If the applicant fails to (d) Preparation for the compliance 7. Revise the first and second file required documentation, the meeting. The monitoring office will sentences of § 108.35 to read as follows: applicant shall be sent a written notice provide information concerning the indicating that if the delinquent § 108.35 Complaints. status of the project or housing involved documentation is not submitted to the Individuals and private and public to be presented to the applicant at the monitoring office within 10 days from entities may file complaints alleging meeting. The monitoring office shall be date of receipt of the notice, the matter violations of the AFHM regulations or notified of the meeting and may send will be referred to the civil rights/ an approved AFHM plan with any representatives to the meeting. compliance reviewing office by the monitoring office, civil rights/ (e) Resolution of matters. Where monitoring office for action which may compliance reviewing office, or with the matters raised in the compliance lead to the imposition of sanctions. Assistant Secretary for FH&EO. meetings are resolved through revision 5. Revise § 108.21 to read as follows: Complaints will be referred to the civil to the plan or its implementation, the rights/compliance reviewing office. § 108.21 Civil rights/compliance reviewing terms of the resolution shall be reduced *** office compliance responsibility. to writing and submitted to the civil 8. Revise paragraphs (a) and (b) of The civil rights/compliance reviewing rights/compliance reviewing office § 108.40 to read as follows: office shall be responsible for within 10 days of the date of the determining whether an applicant’s compliance meeting. § 108.40 Compliance reviews. actions are in apparent compliance with (f) Determination of compliance. If the (a) General. All compliance reviews its approved AFHM plan, the AFHM evidence shows no violation of the shall be conducted by the civil rights/ regulations, and this part and for AFHM regulations and that the compliance reviewing office. determining changes or modifications applicant is complying with its Complaints alleging a violation(s) of the necessary in the plan after initiation of approved AFHM plan and this part, the AFHM regulations, or information marketing. civil rights/compliance reviewing office ascertained in the absence of a 6. Revise paragraphs (a), (b), (d), (e), shall so notify the applicant within 10 complaint indicating an applicant’s (f), (g), and (h) of § 108.25 to read as days of the meeting. failure to comply with an AFHM plan, follows: (g) Determination of possible shall be referred immediately to the noncompliance. If the evidence civil rights/compliance reviewing office. § 108.25 Compliance meeting. indicates an apparent failure to comply The monitoring office shall be notified (a) Scheduling meeting. If an with the AFHM plan or the AFHM as appropriate of all alleged violations applicant fails to comply with regulation, or if the matters raised of the AFHM regulations or alleged requirements under § 108.15 or § 108.20 cannot be resolved, the civil rights/ failure to comply with an AFHM plan. or it appears that the goals of the AFHM compliance reviewing office shall so (b) Initiation of compliance reviews. plan may not be achieved, or that the notify the applicant no later than ten Even in the absence of a complaint or implementation of the Plan should be (10) days after the date the compliance other information indicating

VerDate 18-JUN-99 11:52 Aug 11, 1999 Jkt 183247 PO 00000 Frm 00004 Fmt 4701 Sfmt 4700 E:\FR\FM\A12AU0.007 pfrm07 PsN: 12AUR2 Federal Register / Vol. 64, No. 155 / Thursday, August 12, 1999 / Rules and Regulations 44097 noncompliance pursuant to paragraph section 8 of the United States Housing Dated: July 26, 1999. (a), the civil rights/compliance Act of 1937, as amended, 42 U.S.C. Eva M. Plaza, reviewing office may conduct periodic 1437. Assistant Secretary for Fair Housing and compliance reviews throughout the life * * * * * Equal Opportunity. of the mortgage in the case of multi- [FR Doc. 99–20801 Filed 8–11–99; 8:45 am] family projects and throughout the § 108.45 [Amended] BILLING CODE 4210±28±P duration of the Housing Assistance Payments Contract with the Department 9. Remove the last sentence of in the case of housing assisted under § 108.45.

VerDate 18-JUN-99 11:52 Aug 11, 1999 Jkt 183247 PO 00000 Frm 00005 Fmt 4701 Sfmt 4700 E:\FR\FM\A12AU0.008 pfrm07 PsN: 12AUR2 eDt 8JN9 15 u 1 99Jt134 O000Fm001Ft41 ft41 :F\MA2U.1 fm7PsN:12AUP2 pfrm07 E:\FR\FM\A12AU2.013 Sfmt4717 Fmt4717 Frm00001 PO00000 Jkt183247 11:54Aug11, 1999 VerDate 18-JUN-99 federal register August 12,1999 Thursday Agent; ProposedRule Federal AcquisitionRegulation;Executive 48 CFRPart17 Space Administration National Aeronauticsand Administration General Services Department ofDefense Part IV 44099 44100 Federal Register / Vol. 64, No. 155 / Thursday, August 12, 1999 / Proposed Rules

DEPARTMENT OF DEFENSE clarification of content, contact Mr. and Budget under 44 U.S.C. 3501, et Ralph DeStefano, Procurement Analyst, seq. at (202) 501–1758. Please cite FAR case General Services Administration List of Subjects in 48 CFR Part 17 99-004. National Aeronautics and Space SUPPLEMENTARY INFORMATION: Government procurement. Administration A. Background Dated: August 9, 1999. Edward C. Loeb, 48 CFR Part 17 This proposed rule amends FAR 17.500(b) to add another example of an Director, Federal Acquisition Policy Division. [FAR Case 99±004] intergency acquisition that is not subject Therefore, it is proposed that 48 CFR RIN 9000±AI42 to the Economy Act. The new example part 17 be amended as set forth below: is an acquisition of information Federal Acquisition Regulation; technology by an agency that has been PART 17ÐSPECIAL CONTRACTING Executive Agent designated an executive agent by the METHODS Office of Management and Budget under AGENCIES: Department of Defense (DoD), the authority of Pub. L. 104–106, 1. The authority citation for 48 CFR General Services Administration (GSA), Section 5112(e). part 17 continues to read as follows: and National Aeronautics and Space This rule was not subject to Office of Administration (NASA). Authority: 40 U.S.C. 486(c); 10 U.S.C. Management and Budget review under chapter 137; and 42 U.S.C. 2473(c). ACTION: Proposed rule. Section 6(b) of Executive Order 12866. 2. Revise section 17.500 to read as SUMMARY: Regulatory Planning and Review, dated The Civilian Agency follows: Acquisition Council and the Defense September 30, 1993. This rule is not a Acquisition Regulations Council are major rule under 5 U.S.C. 804. 17.500 Scope of subpart. proposing to amend the Federal B. Regulatory Flexibility Act (a) This subpart prescribes policies Acquisition Regulation (FAR) to add This proposed rule is not expected to and procedures applicable to another example of an interagency have a significant economic impact on interagency acquisitions under the acquisition that is not subject to the a substantial number of small entities Economy Act (31 U.S.C. 1535). The Economy Act. within the meaning of the Regulatory Economy Act also provides authority for DATES: Comments should be submitted Flexibility Act, 5 U.S.C. 601, et seq., placement of orders between major on or before October 12, 1999, to be because the rule addresses internal organizational units within an agency. considered in the formulation of a final Government administrative procedures. Agency regulations address procedures rule. Therefore, an Initial Regulatory for these intra-agency transactions. ADDRESSES: Interested parties should Flexibility Analysis has not been (b) The Economy Act applies when submit written comments to: General performed. Comments from small more specific statutory authority does Services Administration, FAR entities concerning the affected FAR not exit. Examples of interagency Secretariat (MVR), 1800 F Stret, NW., subpart will be considered in acquisitions to which the Economy Act Room 4035, ATTN: Laurie Duarte, accordance with 5 U.S.C. 610 of the Act. does not apply include— Washington, DC 20405. Interested parties must submit such (1) Acquisitions from required sources Address e-mail comments submitted comments separately and should cite 5 via the Internet to: farcase.99– of supplies prescribed in part 8, which U.S.C. 601, et seq. (FAR case 99–004), have separate statutory authority; and [email protected]. in correspondence. Please cite FAR case 99–004 in all (2) Acquisitions of information correspondence related to this case. C. Paperwork Reduction Act technology from agencies designated by FOR FURTHER INFORMATION CONTACT: The The Paperwork Reduction Act does OMB as executive agents under the FAR Secretariat, Room 4035, GS not apply because the changes to the authority of Pub. L. 104–106, Section Building, Washington, DC 20405, (202) FAR do not impose information 5112(e) (40 U.S.C. 1412(e)). 501–4755, for information pertaining to collection requirements that require the [FR Doc. 99–20848 Filed 8–11–99; 8:45 am] status or publication schedules. For approval of the Office of Management BILLING CODE 6820±EP±M

VerDate 18-JUN-99 11:54 Aug 11, 1999 Jkt 183247 PO 00000 Frm 00002 Fmt 4701 Sfmt 4701 E:\FR\FM\A12AU2.013 pfrm07 PsN: 12AUP2 i

Reader Aids Federal Register Vol. 64, No. 155 Thursday, August 12, 1999

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING AUGUST

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 9004...... 42579 9034...... 42579 Proclamations: Presidential Documents 9036...... 42584 7103 (See Proc. Executive orders and proclamations 523±5227 7214) ...... 42265 12 CFR The United States Government Manual 523±5227 7202 (See Proc. 7214) ...... 42265 201...... 41765 Other Services 7208 (See Proc. 602...... 41770 Electronic and on-line services (voice) 523±4534 7214) ...... 42265 612...... 43046 Privacy Act Compilation 523±3187 7214...... 42265 614...... 43046, 43049 Public Laws Update Service (numbers, dates, etc.) 523±6641 Executive Orders: 616...... 43049 618...... 43046, 43049 TTY for the deaf-and-hard-of-hearing 523±5229 12372 (Supplemented by EO 13132)...... 43255 621...... 43049 12612 (Revoked by Proposed Rules: ELECTRONIC RESEARCH EO 13132)...... 43255 361...... 42861, 42862 12866 (Supplemented World Wide Web by EO 13132)...... 43255 13 CFR Full text of the daily Federal Register, CFR and other 12875 (Revoked by Proposed Rules: publications: EO 13132)...... 43255 120...... 43636 http://www.access.gpo.gov/nara 12988 (Supplemented by EO 13132)...... 43255 14 CFR Federal Register information and research tools, including Public 13083 (Revoked by Inspection List, indexes, and links to GPO Access: EO 13132)...... 43255 4...... 43599 http://www.nara.gov/fedreg 13095 (Revoked by 27...... 43016 EO 13132)...... 43255 29...... 43016 E-mail 13132...... 43255 39 ...... 41775, 41776, 41778, PENS (Public Law Electronic Notification Service) is an E-mail 13133...... 43895 42007, 42275, 42824, 43050, 43051, 43053, 43056, 43058, service for notification of recently enacted Public Laws. To 7 CFR subscribe, send E-mail to 43060, 43061, 43905 11...... 43043 71 ...... 41780, 42276, 42432, [email protected] 610...... 41999 42585, 42591, 42592, 43063, with the text message: 989...... 43897 43065, 43066, 43068, 43069, 43261, 43599, 43907 subscribe PUBLAWS-L your name 1728...... 42005 Proposed Rules: 254...... 41781 Use [email protected] only to subscribe or unsubscribe to 6...... 42288 382...... 41781 PENS. We cannot respond to specific inquiries. 354...... 43103 Proposed Rules: Reference questions. Send questions and comments about the 931...... 42858 25 ...... 43570, 43943, 43946 Federal Register system to: 932...... 42619 39 ...... 41841, 41842, 42289, 42291, 42293, 42295, 42296, [email protected] 981...... 43298 1106...... 42860 42297, 42619, 42622, 42866, The Federal Register staff cannot interpret specific documents or 3419...... 42576 42868, 42870O, 43314, regulations. 43316, 43318, 43638, 43948, 8 CFR 43950, 43953, 43955, 43957, FEDERAL REGISTER PAGES AND DATES, AUGUST 217...... 42006 43959, 43961, 43963, 43966 65...... 42810 41765±41998...... 2 9 CFR 66...... 42810 41999±42264...... 3 101...... 43043 71...... 42300, 42301 42265±42578...... 4 102...... 43043 107...... 43321 42579±42822...... 5 105...... 43043 108...... 43322 112...... 43043 42823±43042...... 6 147...... 42810 113...... 43043 43043±43254...... 9 116...... 43043 15 CFR 43255±43598...... 10 124...... 43043 734...... 42009 43599±43896...... 11 390...... 43902 43897±44100...... 12 738...... 42009 Proposed Rules: 740...... 42009 145...... 43301 742...... 42009 147...... 43301 902...... 42826 10 CFR 16 CFR 31...... 42269 50...... 42823 2...... 43599 5...... 42594 11 CFR Proposed Rules: 110...... 42579 1212...... 42302

VerDate 18-JUN-99 18:17 Aug 11, 1999 Jkt 183247 PO 00000 Frm 00001 Fmt 4712 Sfmt 4712 E:\FR\FM\12AUCU.XXX pfrm11 PsN: 12AUCU ii Federal Register / Vol. 64, No. 155 / Thursday, August 12, 1999 / Reader Aids

17 CFR Proposed Rules: 682 ...... 42176, 43024, 43428 12...... 42812 9...... 43254 990...... 43641 685...... 43428 Proposed Rules: 690...... 42206 535...... 42057 10...... 43071 26 CFR 12...... 43071 36 CFR 47 CFR 200...... 42594 1 ...... 41783, 43072, 43267, 240...... 42031, 42594 43613, 43910 Proposed Rules: 0...... 43618 249...... 42594 31...... 42831 13...... 41854 1...... 42854 301...... 41783 1191...... 42056 5...... 43094 Proposed Rules: 602 ...... 41783, 43072, 43613 43...... 43618 4...... 41843 801...... 42834 37 CFR 62...... 43937 275...... 43556 Proposed Rules: Proposed Rules: 63...... 43095, 43618 18 CFR 1 ...... 43117, 43323, 43462, 201...... 42316 64...... 43618 43969 73 ...... 41827, 41828, 41829, Proposed Rules: 39 CFR 41830, 41831, 41832, 41833, 101...... 42304 301...... 43324 20...... 43292 41834, 42614, 42615, 42616, 343...... 43600 602...... 43462 43095 40 CFR 357...... 42623 28 CFR 76...... 42617, 42855 385...... 42307, 43600 505...... 43880 9 ...... 42432, 43426, 43936 90...... 43094 19 CFR 52...... 42600, 43083 Proposed Rules: 29 CFR 58...... 42530 Ch. 1...... 41883, 42635 4...... 43262 62...... 43091 1...... 41884, 41887 10...... 43262 2570...... 42246 2575...... 42246 63...... 42764 2...... 41891, 43643 12...... 43262 86...... 43936 Proposed Rules: 15...... 41897 24...... 42031, 43262 122...... 42432, 43426 2520...... 42792, 42797 51...... 41897 102...... 43262 123...... 42432, 43426 2560...... 42792, 42797 68...... 41897 112...... 43262 124...... 42432, 43426 2570...... 42797 73...... 41899, 43132 113...... 43262 180 ...... 41804, 41810, 41812, 76...... 41887 118...... 43262 30 CFR 41815, 41818, 42280, 42839, 78...... 41899 122...... 43262 42846 26...... 43280 95...... 41891 133...... 43262 186...... 41818 29...... 43280 141...... 43262 261...... 42033 48 CFR 57...... 43280 143...... 43262 271...... 41823, 42602 70...... 43283 202...... 43096 144...... 43262 403...... 42552 71...... 43283 204...... 43098 148...... 43262 501...... 42432, 43426 75...... 43280, 43286 212...... 43098 151...... 43608 503...... 42552 90...... 43283 213...... 43098 162...... 43262 745...... 42849 202...... 43506 217...... 43096 173...... 43262 Proposed Rules: 252...... 43098 174...... 43262, 43608 206...... 43288, 43506 250...... 42597 52 ...... 42629, 42888, 42891, 253...... 43098 178...... 43608 42892 601...... 43618 181...... 43262 914...... 43911 943...... 43913 147...... 43329 602...... 43618 Proposed Rules: 261...... 42317 603...... 43618 Proposed Rules: 12...... 41851 62...... 43123 604...... 43618 935...... 42887 113...... 41851, 42872 97...... 43124 605...... 43618 936...... 43327 141...... 41851 300...... 43970 606...... 43618 271...... 42630, 43331 20 CFR 31 CFR 608...... 43618 281...... 43336 609...... 43618 538...... 41784 Proposed Rules: 300 ...... 41875, 42328, 42630, 610...... 43618 550...... 41784 404...... 42310 43129, 43641 611...... 43618 560...... 41784 416...... 42310 372...... 42222 613...... 43618 590...... 43924 614...... 43618 21 CFR Proposed Rules 41 CFR 615...... 43618 101...... 42277 375...... 42626 301...... 43254 616...... 43618 172...... 43072, 43908 32 CFR Proposed Rules: 617...... 43618 510...... 42596 51-2...... 41882 619...... 43618 520...... 42596 Proposed Rules: 51-5...... 41882 622...... 43618 522...... 42596, 42830 230...... 43856 623...... 43618 524...... 42831 231...... 43858 42 CFR 625...... 43618 558...... 42596, 43909 231a...... 43856 413...... 42610 626...... 43618 1308...... 42432 498...... 43295 33 CFR 628...... 43618 1312...... 42432 1001...... 42174 629...... 43618 Proposed Rules: 100 ...... 42278, 42598, 43289 Proposed Rules: 630...... 43618 101...... 42315 110...... 42279 Ch. IV...... 43338 631...... 43618 207...... 43114 117...... 42033, 42599 632...... 43618 314...... 42625, 42873 160...... 41794 44 CFR 633...... 43618 607...... 43114 165...... 43290, 43291 61...... 41825 634...... 43618 807...... 43114 Proposed Rules: 64...... 42852 636...... 43618 870...... 43114 100...... 41853 206...... 41827 637...... 43618 888...... 43114 639...... 43618 34 CFR Proposed Rules: 890...... 43114 61...... 42632 641...... 43618 611...... 42837 62...... 42633 642...... 43618 22 CFR Proposed Rules: 643...... 43618 41...... 42032 668 ...... 42206, 43024, 43582 45 CFR 644...... 43618 673...... 42206 801...... 42039 645...... 43618 24 CFR 674...... 42206 646...... 43618 108...... 44094 675...... 42206 46 CFR 647...... 43618 982...... 43613 676...... 42206 10...... 42812 649...... 43618

VerDate 18-JUN-99 18:17 Aug 11, 1999 Jkt 183247 PO 00000 Frm 00002 Fmt 4712 Sfmt 4712 E:\FR\FM\12AUCU.XXX pfrm11 PsN: 12AUCU Federal Register / Vol. 64, No. 155 / Thursday, August 12, 1999 / Reader Aids iii

652...... 43618 732...... 42040 49 CFR 679 ...... 41839, 42826, 43295, 653...... 43618 733...... 42040 Proposed Rules: 43296, 43297, 43634, 43941, 701...... 42040 734...... 42040 190...... 43972 43942 702...... 42040 749...... 42040 571...... 42330 Proposed Rules: 703...... 42040 750...... 42040 17 ...... 41903, 42058, 42250, 50 CFR 705...... 42040 752...... 42040 43132 706...... 42040 5416...... 41834 17...... 41835 32...... 43834 709...... 42040 600...... 42286 36...... 43834 714...... 42040 Proposed Rules: 622...... 43941 600...... 42335, 43137 716...... 42040 17...... 44100 635...... 42855, 43101 622...... 41905, 42068 719...... 42040 648...... 42042, 42045 648 ...... 42071, 43137, 43138 726...... 42040 660...... 42286, 42856 679...... 42080

VerDate 18-JUN-99 18:17 Aug 11, 1999 Jkt 183247 PO 00000 Frm 00003 Fmt 4712 Sfmt 4712 E:\FR\FM\12AUCU.XXX pfrm11 PsN: 12AUCU iv Federal Register / Vol. 64, No. 155 / Thursday, August 12, 1999 / Reader Aids

REMINDERS reclamation plan Magnuson-Stevens Act for designated facilities and The items in this list were submissions: provisionsÐ pollutants: editorially compiled as an aid Indiana; published 8-12-99 Domestic fisheries; New York; comments due to Federal Register users. Texas; published 8-12-99 exempted fishing by 8-18-99; published 7- permits; comments due Inclusion or exclusion from JUSTICE DEPARTMENT 19-99 this list has no legal by 8-19-99; published Air quality implementation significance. Drug Enforcement 8-4-99 Administration plans; approval and Northeastern United States promulgation; various Schedules of controlled fisheriesÐ States: RULES GOING INTO substances: New England Fishery California; comments due by EFFECT AUGUST 12, Ketamine; placement into Management Council; 8-19-99; published 7-20- Schedule III; published 7- 1999 meetings; comments 99 13-99 due by 8-16-99; Louisiana; comments due by AGRICULTURE TREASURY DEPARTMENT published 7-2-99 8-18-99; published 7-19- DEPARTMENT Foreign Assets Control West Coast States and 99 Food Safety and Inspection Office Western Pacific Service Maryland; comments due by Angola (UNITA) sanctions; fisheriesÐ 8-19-99; published 7-20- Freedom of Information Act; published 8-12-99 West coast salmon; 99 implementation; published 8- comments due by 8-20- TREASURY DEPARTMENT Michigan; comments due by 12-99 99; published 8-6-99 Internal Revenue Service 8-20-99; published 7-21- COMMERCE DEPARTMENT Income taxes: COMMODITY FUTURES 99 National Oceanic and TRADING COMMISSION Income tax return preparer; Nevada; comments due by Atmospheric Administration Commodity Exchange Act: identifying number; 8-16-99; published 6-17- Fishery conservation and Contract market rule review 99 management: published 8-12-99 procedures; comments Tennessee; comments due Caribbean, Gulf and South due by 8-16-99; published by 8-18-99; published 7- Atlantic fisheriesÐ COMMENTS DUE NEXT 7-15-99 19-99 Gulf of Mexico shrimp; WEEK DEFENSE DEPARTMENT correction; published 8- Pesticides; tolerances in food, Civilian health and medical 12-99 animal feeds, and raw AGRICULTURE program of uniformed agricultural commodities: ENVIRONMENTAL DEPARTMENT services (CHAMPUS): PROTECTION AGENCY Sethoxydim; comments due Animal and Plant Health Double coverage policy; by 8-16-99; published 6- Air pollution control; motor Inspection Service comments due by 8-16- 16-99 vehicles and engines: Plant related quarantine, 99; published 6-17-99 Federal test procedure for domestic: FEDERAL Federal Acquisition Regulation COMMUNICATIONS emissions from motor Oriental fruit fly; comments (FAR): vehicles; reporting and COMMISSION due by 8-16-99; published Nondisplacement of qualified recordkeeping Common carrier services: 6-15-99 workers; comments due requirements; published 8- Plant-related quarantine, by 8-16-99; published 6- Commercial mobile radio 12-99 domestic: 17-99 servicesÐ FEDERAL Mexican fruit fly; comments DEFENSE DEPARTMENT Calling party pays service COMMUNICATIONS offering; regulatory due by 8-16-99; published Engineers Corps COMMISSION 6-15-99 obstacles removed; Radio services, special: Water resources development comments due by 8-18- COMMERCE DEPARTMENT Private land mobile projects; public use; 99; published 7-16-99 comments due by 8-19-99; servicesÐ Export Administration Radio stations; table of Bureau published 7-20-99 900 MHz specialized assignments: Chemical Weapons mobile radio service; ENERGY DEPARTMENT California; comments due by Convention regulations; construction Federal Energy Regulatory 8-16-99; published 7-6-99 requirements for comments due by 8-20-99; Commission published 7-21-99 Texas; comments due by 8- Metropolitan Trading Electric utilities (Federal Power 16-99; published 7-6-99 Area licensees; COMMERCE DEPARTMENT Act): Wyoming and Utah; correction; published 7- National Oceanic and Rate schedules filingÐ 23-99 comments due by 8-16- Atmospheric Administration Regional Transmission 99; published 7-6-99 HEALTH AND HUMAN Endangered and threatened Organizations; Television broadcasting: SERVICES DEPARTMENT species: comments due by 8-16- Cable television systemsÐ Food and Drug Findings on petitions, etc.Ð 99; published 6-10-99 12 GHz relay service; Administration Barndoor skate; Oil pipelines: eligibility requirements; Animal drugs, feeds, and comments due by 8-20- Annual report; technical comments due by 8-16- related products: 99; published 6-21-99 conference; comments 99; published 8-2-99 New drug applicationsÐ Fishery conservation and due by 8-20-99; published Sulfadimethoxine/ management: 8-5-99 GENERAL SERVICES ADMINISTRATION ormetoprim; published Caribbean, Gulf, and South ENVIRONMENTAL 8-12-99 Atlantic fisheriesÐ PROTECTION AGENCY Federal Acquisition Regulation (FAR): Food additive petitions: Gulf of Mexico reef fish; Air pollutants, hazardous; Sucralose; published 8-12- comments due by 8-16- national emission standards: Nondisplacement of qualified 99 99; published 7-2-99 Off-site waste and recovery workers; comments due INTERIOR DEPARTMENT Puerto Rico and Virgin operations; comments due by 8-16-99; published 6- Surface Mining Reclamation Islands coral reef by 8-19-99; published 7- 17-99 and Enforcement Office resources; comments 20-99 Federal travel: Permanent program and due by 8-20-99; Air programs; approval and Income tax reimbursement abandoned mine land published 6-21-99 promulgation; State plans allowance; comments due

VerDate 18-JUN-99 18:17 Aug 11, 1999 Jkt 183247 PO 00000 Frm 00004 Fmt 4712 Sfmt 4711 E:\FR\FM\12AUCU.XXX pfrm11 PsN: 12AUCU Federal Register / Vol. 64, No. 155 / Thursday, August 12, 1999 / Reader Aids v

by 8-17-99; published 6- Nondisplacement of qualified Airbus; comments due by 8- comments due by 8-19- 18-99 workers; comments due 16-99; published 7-15-99 99; published 5-21-99 HEALTH AND HUMAN by 8-16-99; published 6- Bell; comments due by 8- Section 467 rental SERVICES DEPARTMENT 17-99 16-99; published 6-17-99 agreementsÐ Food and Drug NATIONAL CREDIT UNION Bombardier; comments due Agreements involving Administration ADMINISTRATION by 8-16-99; published 7- payments of Credit unions: Reports and guidance 16-99 $2,000,000; comments documents; availability, etc.: Undercapitalized federally- British Aerospace; due by 8-16-99; Veterinary Medicinal insured credit unions; comments due by 8-16- published 5-18-99 Products, International prompt corrective action 99; published 7-16-99 Cooperation on system; comments due by Cessna; comments due by 8-16-99; published 5-18- Harmonisation of 8-16-99; published 7-16- LIST OF PUBLIC LAWS Technical Requirements 99 99 for RegistrationÐ INTERIOR DEPARTMENT Construcciones This is a continuing list of Anthelmintics efficacy; National Indian Gaming Aeronauticas, S.A.; public bills from the current general and specific Commission comments due by 8-16- recommendations; session of Congress which Administrative practice and 99; published 7-16-99 have become Federal laws. It comments due by 8-16- procedure: Dornier; comments due by 99; published 7-16-99 may be used in conjunction Litigation involving agency; 8-16-99; published 7-16- with ``P L U S'' (Public Laws HOUSING AND URBAN testimony, information, 99 Update Service) on 202±523± DEVELOPMENT and response to Eurocopter France; 6641. This list is also DEPARTMENT subpoena; comments due comments due by 8-16- available online at http:// Mortgage and loan insurance by 8-16-99; published 7- 99; published 6-17-99 www.nara.gov/fedreg. programs: 15-99 Fairchild; comments due by Multifamily housing projects; NORTHEAST DAIRY 8-16-99; published 7-16- The text of laws is not tenant participation; COMPACT COMMISSION 99 published in the Federal comments due by 8-16- Over-order price regulations: Register but may be ordered Fokker; comments due by in ``slip law'' (individual 99; published 6-17-99 Supply management 8-16-99; published 7-16- pamphlet) form from the INTERIOR DEPARTMENT program; hearings; 99 Superintendent of Documents, comments due by 8-18- Surface Mining Reclamation Gulfstream Aerospace; U.S. Government Printing 99; published 6-21-99 and Enforcement Office comments due by 8-16- Office, Washington, DC 20402 Permanent program and STATE DEPARTMENT 99; published 7-16-99 (phone, 202±512±1808). The abandoned mine land Chemical Weapons Gulfstream American; text will also be made reclamation plan Convention and Chemical comments due by 8-16- available on the Internet from submissions: Weapons Convention 99; published 7-16-99 GPO Access at http:// Indiana; comments due by Implementation Act: International Aero Engines www.access.gpo.gov/nara/ 8-16-99; published 7-15- Sample taking and record AG; comments due by 8- index.html. Some laws may 99 keeping and inspections; 16-99; published 6-15-99 not yet be available. Maryland; comments due by comments due by 8-20- Lockheed; comments due H.R. 66/P.L. 106±45 8-16-99; published 7-16- 99; published 7-21-99 by 8-16-99; published 7- 99 TRANSPORTATION 16-99 To preserve the cultural JUSTICE DEPARTMENT DEPARTMENT McDonnell Douglas; resources of the Route 66 Immigration and Coast Guard comments due by 8-16- corridor and to authorize the Naturalization Service Ports and waterways safety: 99; published 7-16-99 Secretary of the Interior to provide assistance. (Aug. 10, Nonimmigrant classes: Gulf of Alaska, Narrow Mitsubishi; comments due 1999; 113 Stat. 224) F and J nonimmigrant Cape, Kodiak Island, AK; by 8-16-99; published 7- aliens; status duration safety zone; comments 16-99 Last List August 9, 1999 period extension; due by 8-20-99; published Saab; comments due by 8- comments due by 8-16- 7-21-99 16-99; published 7-16-99 99; published 6-15-99 TRANSPORTATION Sabreliner; comments due Public Laws Electronic Correction; comments due DEPARTMENT by 8-16-99; published 7- Notification Service by 8-16-99; published Standard time zone 16-99 7-6-99 (PENS) boundaries: Short Brothers; comments H petitions filed after Kentucky; comments due by due by 8-16-99; published numerical cap is reached; 8-20-99; published 6-21- 7-16-99 PENS is a free electronic mail treatment; comments due 99 by 8-16-99; published 6- Airworthiness standards: notification service of newly TRANSPORTATION Special conditionsÐ enacted public laws. To 15-99 DEPARTMENT Boeing Model 707-353B subscribe, send E-mail to JUSTICE DEPARTMENT Federal Aviation [email protected] with Prisons Bureau airplanes; comments Administration due by 8-20-99; the text message: Inmate control, custody, care, Air traffic operating and flight published 7-21-99 etc.: rules, etc.: SUBSCRIBE PUBLAWS-L Class E airspace; comments Federal Tort Claims Act; Your Name. Checked baggage; security due by 8-16-99; published comments due by 8-16- on domestic flights; 7-16-99 Note: This service is strictly 99; published 6-15-99 comments due by 8-17- TREASURY DEPARTMENT for E-mail notification of new NATIONAL AERONAUTICS 99; published 6-11-99 public laws. The text of laws AND SPACE Airworthiness directives: Internal Revenue Service is not available through this ADMINISTRATION Aerospatiale; comments due Income taxes: service. PENS cannot respond Federal Acquisition Regulation by 8-16-99; published 7- Gross proceeds payments to specific inquiries sent to (FAR): 16-99 to attorneys; reporting; this address.

VerDate 18-JUN-99 18:17 Aug 11, 1999 Jkt 183247 PO 00000 Frm 00005 Fmt 4712 Sfmt 4711 E:\FR\FM\12AUCU.XXX pfrm11 PsN: 12AUCU